HomeMy WebLinkAboutAG RPTS 2011 0824 RDA SPC( E8TABLISKI)
MARM it Joey
NOTICE AND CALL OF A SPECIAL MEETING
OF THE REDEVELOPMENT AGENCY
OF THE CITY OF MOORPARK
TO THE MEMBERS OF THE REDEVELOPMENT AGENCY OF THE CITY OF
MOORPARK:
NOTICE IS HEREBY GIVEN that a Special Meeting of the Redevelopment Agency
of the City of Moorpark is hereby called to be held on Wednesday, August 24, 2011,
commencing at 6:30 p.m. Said meeting will convene in the Community Center located at
799 Moorpark Avenue, Moorpark, California.
Said Special Meeting shall be for the purpose of considering the following:
CALL TO ORDER:
2. ROLL CALL:
3. PUBLIC COMMENTS:
4. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
(Items to be withdrawn from the Consent Calendar shall be identified at this time.)
Staff Recommendation: Reorder agenda to take Closed Session first, with the
Open Session commencing at 7:00 p.m.
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 /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.
SPECIAL MEETING NOTICE — Redevelopment Agency
August 24, 2011
Page 2
5. PRESENTATION /ACTION /DISCUSSION:
A. Consider Adopting an Enforceable Obligations Payment Schedule. Staff
Recommendation: 1) Adopt, as described in the agenda report, the
Enforceable Obligation Payment Schedule identifying the Agency's
enforceable obligations for the months of October, November, and
December of 2011; and 2) Direct staff to transmit the Enforceable Obligation
Payment Schedule to the State and post on the City's website. (Staff:
Steven Kueny / David Moe)
6. CONSENT CALENDAR:
A. Consider Approval of the Minutes of the Regular Redevelopment Agency
Meeting of July 20, 2011. Staff Recommendation: Approve the minutes.
B. Consider Request from Country Days Committee to Hold Parade and Street
Fair on October 1, 2011, from 9 a.m. to 4 p.m. on High Street and to Use
Adjacent Property for the Event. Staff Recommendation: 1) Waive fee for
use of Redevelopment Agency property; and 2) Require Committee to
provide the Agency with an indemnification agreement, and name the City
and Agency as additional insureds in the Committee's insurance policy.
(Staff: John Brand)
7. CLOSED SESSION:
A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Subdivision (b) of Section
54956.9 of the Government Code: (Number of cases to be discussed - 4)
B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Initiation of litigation pursuant to Subdivision (c) of Section 54956.9 of the
Government Code: (Number of cases to be discussed - 4)
8. ADJOURNMENT:
Dated: August 22, 2011.
Maureen Benson, City Clerk
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. Upon advance notification of the need for disability - related modification or accommodation,
reasonable arrangements will be made by City staff to provide accessibility to the meeting (28 CFR 35.102-
35.104; ADA Title 11).
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss
CITY OF MOORPARK )
AFFIDAVIT OF POSTING
I, Maureen Benson, declare as follows:
That I am the City Clerk of the City of Moorpark and that a notice for a Special Meeting of
the Redevelopment Agency of the City of Moorpark will be held Wednesday, August 24,
2011, commencing at 6:30 p.m. at the Moorpark Community Center, located at 799
Moorpark Avenue, Moorpark, California.
A copy of said Notice was posted on August 22, 2011, 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 August 22, 2011.
Maureen Benson, City Clerk
ITEM 5.A.
MOORPARK REDEVELOPMENT AGENCY CITY OF MOORPARK, CALIFORNIA
Redevelopment Agency Meeting
AGENDA REPORT of o!/
ACTION:
TO: Honorable Board of Directors -
BY:
FROM: Steven Kueny, Executive Director
David Moe, Redevelopment Manager p�
DATE: August 16, 2011 (Agency Special Meeting of August 24, 2011)
SUBJECT: Consider Adopting an Enforceable Obligations Payment Schedule
BACKGROUND & DISCUSSION
On June 29, 2011, as part of adopting the State of California Fiscal Year (FY) 2011 -12
budget, the Governor signed two trailer bills, ABX1 26 ( "Dissolution Act ") and ABX1 27
( "Voluntary Alternative Redevelopment Program "), into law. The legislation became
effective on June 29, 2011. ABX1 26 eliminates redevelopment agencies as of October
1, 2011, and requires all agencies to adopt an Enforceable Obligations Payment
Schedule ( "EOPS ") for payments that must be made between October 1 and December
31. ABX1 27 provides an opportunity for cities to voluntarily "opt -in" and continue to
have their redevelopment agencies operate and function "only upon the enactment of
an ordinance enacted by the community to comply with this part on or before November
1, 2011 ". An opt -in ordinance under ABX1 27, if adopted by a City, would eliminate the
requirement that its Agency adopt an EOPS.
The Dissolution Act immediately suspends all new redevelopment activities and
incurrence of indebtedness and dissolves redevelopment agencies ( "RDAs ") effective
October 1, 2011. The "Voluntary Alternative Redevelopment Program" (VARP) allows
RDAs to avoid dissolution under the Dissolution Act; however it requires specified
substantial annual contributions to local school and special districts. If all RDAs were to
opt -in to the VARP, these contributions would amount to $1.7 Billion for FY 2011 -2012
and appear intended to amount to $400 Million in each succeeding year (subject to
increasing adjustments annually for the life of the redevelopment project area). If the
City of Moorpark ( "City ") decides to opt -in to the VARP, then the City makes the semi-
annual payments to the County Auditor - Controller, on behalf of the Redevelopment
Agency of the City of Moorpark ( "MRA "). The City can be reimbursed by the MRA for
an amount not to exceed the amount paid to the County under the VARP. The MRA's
property tax increment funds sent to the City under this reimbursement regime would be
used for activities "related to" the purposes of redevelopment. For FY 201 1 -2012 ONLY
Honorable Board of Directors
August 24, 2011
Page 2
the City would have the ability to use the 20% set -aside from the Low and Moderate
Income Housing Fund (LMIHF).
The VARP includes an "appeal" section for those agencies whose "voluntary" payments
were miscalculated. Appeals must have been made on or before August 15, 2011 to
the Director of Finance (State of California). Prior to August 15, 2011, staff reviewed
the calculations by the State and determined that the numbers are accurate and there
was no need for an appeal.
The California Redevelopment Association ( "CRA ") and the California League of Cities
filed a lawsuit in the California Supreme Court challenging the constitutionality of ABX1
26 and ABX1 27. On August 11, 2011, the California Supreme Court announced it
would hear the lawsuit, which requests that the Court declare ABX1 26 and ABX1 27
unconstitutional. The court established an expedited briefing schedule designed to
facilitate oral argument as early as possible in 2011, and a decision before January 15,
2012.
The Court also issued a partial stay regarding suspension of the effectiveness of ABX1
26 and ABX1 27 until it can rule on the constitutionality of these two bills. The Court
allowed the first statute to remain in effect insofar as it precludes existing
redevelopment agencies from incurring new indebtedness, transferring assets,
acquiring real property, entering into new contracts or modifying existing contracts or
entering into new partnerships, adopting or amending redevelopment plans, but it
stayed enforcement of both statutes in all other respects. Due to the partial stay, the
Agency will still need to list all enforceable obligations that would need to be paid for the
months of October, November and December of 2011 as required by ABX1 26.
The stay does create a conflict in regard to making tax - sharing payments. Tax - sharing
obligations are not Enforceable Obligations under the stay. Under the dissolution
scheme of ABX1 26 the tax sharing payments are to be made by county auditor -
controllers rather than by the redevelopment agencies. With the stay in place there is no
legal authorization to make the tax - sharing obligations.
Staff was ready to recommend "opting in" under ABX1 27 subject to court challenge and
making the payment under protest prior to the Court's stay. That option is not now
available to the City.
Staff therefore recommends adopting the attached EOPS which identifies the Agency's
enforceable obligations, transmit the information to the State and post it on the City's
website, as ordered in the legislation.
2
Honorable Board of Directors
August 24, 2011
Page 3
FISCAL IMPACT
The Agency's spending ability shall be limited to items listed on the EOPS until the
Court rules on the lawsuit.
STAFF RECOMMENDATION
1. Adopt attached Enforceable Obligation Payment Schedule identifying the
Agency's enforceable obligations for the months of October, November and
December of 2011; and
2. Direct staff to transmit the Enforceable Obligation Payment Schedule to the State
and post on the City's website, as ordered in the legislation.
Attachment 1 Enforceable Obligation Payment Schedule
3
Name of Redevelopment Agency: Redevelopment Agency of the City of Moorpark
Project Area(s) Moorpark Redevelopment Project ATTACHMENT 1
ENFORCEABLE OBLIGATION PAYMENT SCHEDULE
Per AB 26 - Section 34167 and 34169 ( *)
Pagel of _2_ Pages
This Enforceable Obligation Payment Schedule (EOPS) Is to be adopted by the redevelopment agency no later man late August. it is vana mrougn i wut 1. it is me aas.s .v....c --'y . ..
Recognized Obligation Payment Schedule (ROPS), which must be prepared by the dissolving Agency by 9130111. (The draft ROPS must be prepared by the Successor Agency by 11130111.)
If an agency adopts a continuation ordinance per ABx1 27, this EOPS will not be valid and there is no need to prepare a ROPS. " Include only payments to be matte after the adoption of the EOPS.
Project Name / Debt Obligation
Payee
Description
Total Outstanding
Debt/Obligation
Total Due During
Fiscal Year
Payments by month
Aug"
Sept
Oct
Nov
Dec
Total
1
1999 Tax Allocation Bonds
Bank of New York
Bond Proceeds
755,709.00
646,753.00
$ 646,753.00
2
2001 Tax Allocation Bonds
Bank of New York
Bond Proceeds
602,098.00
308,716.00
$ 308,716.00
3
2006 Tax Allocation Bonds
Bank of New York
Bond Proceeds
545,987.00
293,356.00
$ 293,356.00
4
Employee Cost
Agency Employees
Payroll
351,748.00
351,748.00
40,586.00
27,058.00
27,058.00
27,058 00
$ 121,760 00
5)
Ruben Castro Human Services
Center
HMC Architects
Architect
107,000.00
107,000 00
15,000.00
22,000.00
30,000.00
20,000.00
20,000.00
$ 107,000 00
6)
Ruben Castro Human Services
Center
RJR Engineering
Civil Engineering
22,000.00
22,000.00
7,500.00
14,500.00
-
-
$ 22,000.00
7)
Ruben Castro Human Services
Center
Jensen Design & Survey
Survey Services
33,000.00
33,000.00
6,600.00
6,600.00
6,600.00
6,600.00
6,600.00
$ 33,000.00
8)
Ruben Castro Human Services
Center
Vertical V -BTC Labs
Soils & Steel Inspections
120,000.00
120,000.00
65,000.00 1
15,000.00
15,000.00
15,000.00
10,000.00
$ 120,000 00
9)
Ruben Castro Human Services
Center
Barnhart Balfour Beatty
Construction Management
325,000.00
325,000.00
65,000.00
65,000.00
65,000.00
65,000.00
65,000.00
$ 325,000.00
10)
Ruben Castro Human Services
Center
Ky Spangler
Project Administration
13,000.00
13,000.00
2,600.00
2,600.00
2,600.00
2,600.00
2,600.00
$ 13,000.00
11
Ruben Castro Human Services
Center
Damar Construction
Grading (Construction)
265,000 00
265,000.00
53,000.00
53,000.00
53,000.00
53,000.00
53,000.00
$ 265,000.00
12
Ruben Castro Human Services
Center
Precision Plumbing
Underground Utilities
625,250.00
625,250.00
125,050.00
125,050.00
125,050.00
125,050.00
125,050.00
$ 625,250.00
13
Ruben Castro Human Services
Center
Santa Clanta Concrete
Concrete / CMU
Construction
1,040,000.00
1,040,000.00
208,000.00
208,000.00
208,000.00
208,000.00
208,000.00
$1,040,000.00
14
Ruben Castro Human Services
Center
Steelcon, Inc.
Steel framing Construction
583,500.00
583,500.00
116,000.00
116,000.00
117,000.00
117,000.00
117,500.00
$ 583,500 00
Castro Human Services
Center
Best Contractin
Roofing & Sheet metal
roofin
352,000 00
352,000.00
70,400.00
70,400.00
70,400.00
70,400.00
70,40000
$ 352,000 00
r
Ruben Castro Human Services
Center
Standard Drywall
Drywall (Construction)
1,225,000.00
1,225,000.00
245,000.00
245,000.00
245,000.00
245,000.00
245,000.00
1 $1,225,000 00
17Ruben
Ruben Castro Human Services
Center
Environmental Heating
HVAC Construction
564,750.00
564,750.00
112,950.00
1 112,950.00
112,950 00
112,950.00
112,950.00
$ 564,750.00
18
Ruben Castro Human Services
Center
Taft Electric Company
Electric (Construction)
672,000.00
672,000.00
134,400.00
134,400 00
134,400.00
134,400.00
134,400.00
$ 672,000.00
Ruben Castro Human Services
Center
John Fisher
Public Art
139,000.00
60,000.00
30,000.00
15,000.00
15,000.00
$ 60,000.00
L20
Aszkenazy Disposition and
Develo ment A reement
TBD
Removal of Structures and
Intersection Improvements
er DDA
500,000.00
400,000.00
400,000.00
$ 400,000.00
1083 Walnut Canyon and 112 First
Street Demolition
Flores- Sierra Construction
I Removal of Structures
17,000 00
17,000.00
1
17,000.00
1
1
$ 17,000.00
22)
1 High Street Arts Center
Ken Rayzor Productions
General Manager Services
60,000.00
60,000.00
5,000.00
1 5,000.00
5,000.00
5,000.00
5,000.00
1 $ 25,000.00
Totals - This Page
Totals - Page 2
Totals - Other Obligations
Grand total - All Pages
$ 7.015,248.00
$ 8,740,042.00
$1,231,500.00
$ 2,484,911.00
$ 1,264,058.00
$1,222,058.00
$ 1,617,558.00
$7,820,085.00
$ 190,000.00
$ 190,000.00
$
$ 46,000.00
$ 51,000.00
$ 39,000.00
$ 41,000 00
$ 177,000.00
$ -
$ -
$
$ -
$ -
$ -
$ -
$
$ 7,205,248.00
$ 8,930,042.00
$1,231,500.00
$ 2,530,911.00
$ 1,315,058.00
$1,261,058.00
$ 1,658,558.00
L$7.997.085,00
This Enforceable Obligation Payment Schedule (EOPS) Is to be adopted by the redevelopment agency no later man late August. it is vana mrougn i wut 1. it is me aas.s .v....c --'y . ..
Recognized Obligation Payment Schedule (ROPS), which must be prepared by the dissolving Agency by 9130111. (The draft ROPS must be prepared by the Successor Agency by 11130111.)
If an agency adopts a continuation ordinance per ABx1 27, this EOPS will not be valid and there is no need to prepare a ROPS. " Include only payments to be matte after the adoption of the EOPS.
Name of Redevelopment Agency Redevelopment Agency of the City of Moorpark
Project Area(s) Moorpark Redevelopment Project
ENFORCEABLE OBLIGATION PAYMENT SCHEDULE
Per AB 26 - Section 34167 and 34169 ( *)
Page 2 of _2_ Pages
Cn • This Enforceable Obligation Payment Schedule (tuts) is to oe aoopteo oy me reoevempmeni agency no WWI- anan !aie nUq— a I. vauu urtwyn gu4 ,1, ,. K ,a .,,Q .,00 ,.,, u,e ,Q,, III ,"a, y
Recognized Obligation Payment Schedule (ROPS), which must be prepared by the dissolving Agency by 9130/11. (The draft ROPS must be prepared by the Successor Agency by 11130/11.)
If an agency adopts a continuation ordinance per ABX1 27, this EOPS will not be valid and there is no need to prepare a ROPS.
Total Outstanding
Total Due During
Payments by month
Aug"
Sept
Oct
Nov
Dec
Total
Project Name / Debt Obligation
Payee
Description
Debt or Obligation
Fiscal Year
1
161 Second Street Park
Veronica Jacinto
Relocation Payment
30,000.00
30,000.00
30,000.00
$ 30,000.00
Overland, Cutler and
2)
161 Second Street Park
Pacific
Relocation Conslutant
25,000.00
25,000.00
5,000.00
7,000.00
$ 12,000.00
3)
161 Second Street Park
TBD
Demolition of Structure
15,000.00
15,000.00
15,000.00
$ 15,000.00
780 Walnut Street and 124 First
4
Street Demolition
TBD
Removal of Structures
27,000.00
27,000.00
27,000.00
$ 27,000.00
5
A Few Good Men
Various
Theater Season
$24,500.00
24,500.00
17,000.00
7,500.00
$ 24,500.00
6
High School Musical
Varous
Youth Workshop
$12,000.00
12,000.00
12,000.00
$ 12,000.00
7
Little Shop of Horrors
Various
Theater Season
$24,500.00
24,500.00
5,000.00
6,500.00
6,500.00
6,500.00
$ 24,500.00
8
Christmas Magic
Various
Theater Season
$16,000.00
16,000.00
5,500.00
10,500.00
$ 16,000.00
9
Hairspray
Various
Theater Season
$16,000.00
16,000.00
7,000.00
9,00000
$ 16,000.00
10
$
11
$
12
$
13
$
14
$
15
$
16
$
17
$
18
$
19
$
20
$
21
$
22
$
23
$
24
$
25
$
26
$
27
$
28
$
29
$
30
$
31
$
32
$
33
$
34
$
35
$
36
$
37
$
38
$
39
$
40)
$
Totals - This Page
$ 190,000.00
1 $ 190,000.00
Is
$ 46,000.00
$ 51,000.00
$ 39,000.00
$ 41,000.00
$177,000.00
Cn • This Enforceable Obligation Payment Schedule (tuts) is to oe aoopteo oy me reoevempmeni agency no WWI- anan !aie nUq— a I. vauu urtwyn gu4 ,1, ,. K ,a .,,Q .,00 ,.,, u,e ,Q,, III ,"a, y
Recognized Obligation Payment Schedule (ROPS), which must be prepared by the dissolving Agency by 9130/11. (The draft ROPS must be prepared by the Successor Agency by 11130/11.)
If an agency adopts a continuation ordinance per ABX1 27, this EOPS will not be valid and there is no need to prepare a ROPS.
CITY OF MOORPARK, CALIFORNIA
Redevelopment Agency Meeting
ITEM 6.A.
AC'n0N: hfiihn IIE&Dl: THE RFnFVELOPMENT AGENCY OF THE CITY OF MOORPARK
BY: _ _ July 20, 2011
A Regular Meeting of the Redevelopment Agency of the City of Moorpark was held on
July 20, 2011, in the Community Center of said City located at 799 Moorpark Avenue,
Moorpark, California.
CALL TO ORDER:
Chair Parvin called the meeting to order at 7:22 p.m.
2. ROLL CALL:
Present: Agency Members Mikos, Millhouse, Pollock, Van Dam, and
Chair Parvin.
Staff Present: Steven Kueny, Executive Director; Hugh Riley, Assistant
Executive Director; Deborah Traffenstedt, Deputy City
Manager; Ron Ahlers, Agency Treasurer; and Maureen
Benson, Agency Secretary.
3. PUBLIC COMMENT:
None.
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 Pollock seconded a
motion to approve the Consent Calendar. The motion carried by unanimous roll call
vote.
A. Consider Minutes of Regular Meeting of July 6, 2011. Staff
Recommendation: Approve the minutes.
B. Consider Aareement with Ken Ravzor Sound Desian. Inc.. for General
Manaaement Services at the _High_ Street Arts Center. Staff
Recommendation: Authorize the Executive Director to approve the
Agreement for General Manager services for a 12 -month period ending
June 30, 2012, subject to final language approval by the Executive
Director and Agency Counsel.
Minutes of the Redevelopment Agency
Moorpark, California Paqe 2 July 20, 2011
6. CLOSED SESSION:
None was held.
7. ADJOURNMENT:
Chair Parvin adjourned the meeting at 7:23 p.m.
Janice S. Parvin, Chair
ATTEST:
Maureen Benson, Agency Secretary
7
ITEM 6.13.
CITY OF MOORPARK, CALIFORNIA
Redevelopment Agency Meeting
of
ACTION: d
LiI�,WA W
MOORPARK REDEVELOPMENT AGENCY
AGENDA REPORT
TO: Moorpark Agency Board of Directors
FROM: John Brand, Senior Management Analys
DATE: August 18, 2011 (MRA Special Meeting of 08/2412011)
SUBJECT: Consider Request from Country Days Committee to Hold Parade and
Street Fair on October 1, 2011, from 9 a.m. to 4 p.m. on High Street
and to Use Adjacent Property for the Event
SUMMARY
The Agency is being asked to approve use of certain City and Redevelopment Agency -
owned property adjacent to High Street, and to waive rental fees for use of the property.
BACKGROUND
The Country Days Committee has held its annual Parade and Street Fair in Moorpark
the past 30 years or more. In 2011, the event is planned for Saturday, October 1, from
9 a.m. to 4 p.m. on High Street. In 2010, the Parade and Street Fair attracted an
estimated 4,000 spectators. As co- sponsor of the event, the City and the Agency have
traditionally waived fees as its in -kind contribution to the event.
DISCUSSION
The Moorpark Redevelopment Agency has traditionally granted the Committee's
request to reduce City fees for the Parade and Street Fair since the Committee donates
the proceeds to local charities, and Moorpark businesses benefit from increased
visibility.
Last year the event was expanded to include a fund raising event the night prior to the
parade and street fair. The Committee would like to use Agency property at the old
Granary site this year as well.
If
Honorable Agency Board of Directors
Meeting of August 24, 2011
Page 2
Staff recommends the same fee reductions the Agency approved in previous years,
which has been to waive fees for use of City Redevelopment Agency property,
specifically, the properties on the south side of High Street including the various vacant
lots, the Granary entrance area, and the north Metrolink parking lot.
As in the past, the City will staff the street fair event with booths promoting various City
activities. At this point the planned displays include: space for the Arts
Commission /High Street Arts Center, AVRC recreation activities, Friends of the Library
book sale, Moorpark Police Volunteers in Policing (VIPs), and the City Transit bus.
FISCAL IMPACT
Direct costs, including most staff time is routinely included in annual departmental
appropriations.
STAFF RECOMMENDATION
1. Waive fee for use of Redevelopment Agency property; and
2. Require Committee to provide the Agency with an indemnification agreement,
and name the City and Agency as additional insureds in the Committee's
insurance policy.
I