HomeMy WebLinkAboutAG RPTS 2012 0918 OB REG Resolution No. OB-2012-09
OVERSIGHT BOARD TO THE SUCCESSOR AGENCY
OF THE REDEVELOPMENT AGENCY
OF THE CITY OF MOORPARK
REGULAR MEETING AGENDA
TUESDAY, SEPTEMBER 18, 2012
3:30 P.M.
Moorpark Community Center 799 Moorpark Avenue
1. CALL TO ORDER:
2. PLEDGE OF ALLEGIANCE:
3. ROLL CALL:
4. PUBLIC COMMENT:
5. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
6. PRESENTATION/ACTION/DISCUSSION:
A. Consider Resolution Adopting the Revised Recognized Obligation Payment
Schedule (ROPS) for July 1, 2012 to December 31, 2012. Staff
Recommendation: 1)Adopt Resolution No. OB-2012- ; and 2)Direct staff
to transmit the approved ROPS,with the signature of the Chairperson,to the
State of California (Department of Finance, State Controller's Office),
Ventura County Auditor-Controller, and post to the City's website, as per the
legislation. ROLL CALL VOTE REQUIRED (Staff: Ron Ahlers)
All writings and documents provided to the majority of the Board Members 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. Agenda packets for Oversight Board meetings are also available on the City's website
at www.ci.moorpark.ca.us.
Any member of the public may address the Board during the Public Comments portion of the Agenda,unless it is
a Presentation/Action/Discussion item. Speakers who wish to address the Board concerning a
Presentations/Action/Discussion item must do so during the 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;and for a Presentation/Action/Discussion item,and
prior to the Chairperson's call for speaker cards for each Presentation/Action/Discussion agenda item. A
limitation of three minutes shall be imposed upon each Public Comment and Presentation/Action/Discussion
item speaker. Written Statement Cards may be submitted in lieu of speaking orally for
Presentation/Action/Discussion items. Any questions concerning any agenda item may be directed to the City
Clerk's office at 517-6223.
Regular Meeting of the Oversight Board to the
Successor Agency of the Redevelopment Agency
of the City of Moorpark
September 18, 2012
Page 2
7. CONSENT CALENDAR:
A. Consider Minutes of Special Meeting of July 17, 2012. Staff
Recommendation: Approve the minutes.
B. Consider Minutes of Special Meeting of August 28, 2012. Staff
Recommendation: Approve the minutes.
C. Consider Resolution Adopting Revised Rules of Procedure for Oversight
Board Meetings. Staff Recommendation: Adopt Resolution No. OB-2012-
. (Staff: David Moe)
D. Consider Resolution Authorizing a Lease Agreement between the Successor
Agency to the Redevelopment Agency of the City of Moorpark and Tom
Lindstrom RV Sales, Inc. Staff Recommendation: Adopt Resolution No. 06-
2012- authorizing a Lease Agreement between the Successor Agency to
the Redevelopment Agency of the City of Moorpark and Tom Lindstrom RV
Sales, Inc., subject to City Manager and City Attorney final language
approval. (Staff: David Moe)
E. Consider Resolution Approving Request from the Rotary Club of Moorpark
Morning to Use Property Adiacent to High Street and Waive Rental Fees for
a Beer and Food Tasting Event Scheduled for October 6, 2012, from 5:00
p.m. to 10:30 p.m. on High Street. Staff Recommendation: 1) Adopt
Resolution No. OB-2012- waving fees for use of Successor Agency
property; and 2) Require the Rotary Club of Moorpark Morning to provide the
Successor Agency with an indemnification agreement, and naming the
Successor Agency and Oversight Board as additional insureds in the
insurance policy. (Staff: David Moe)
F. Consider Resolution Approving a Request from Moorpark Chamber of
Commerce to Use Adjacent Property on High Street to Support the Country
Days Parade and Street Fair on October 6, 2012, and Request for Waiving
Rental Fees. Staff Recommendation: 1) Adopt Resolution No. OB-2012-
authorizing use of Successor Agency property and waiving rental fees;
and 2) Require the Moorpark Chamber of Commerce to provide the
Successor Agency with an indemnification agreement, and naming the
Successor Agency and Oversight Board as additional insureds in the
insurance policy. (Staff: David Moe)
Regular Meeting of the Oversight Board to the
Successor Agency of the Redevelopment Agency
of the City of Moorpark
September 18, 2012
Page 3
7. CONSENT CALENDAR: (continued)
G. Consider Resolution Approving Amendment of Professional Services
Agreement with Ky Spangler for Special Projects Consulting Services for the
Ruben Castro Human Services Center through December 31, 2012. Staff
Recommendation: Adopt Resolution No. OB-2012- authorizing the third
amendment to the Professional Services Agreement with Ky Spangler for
Special Projects Consulting Services for activities related to the construction
of the Ruben Castro Human Services Center and authorize the City Manager
to execute the Agreement, subject to final language approval of the City
Manager and City Attorney. (Staff: Hugh Riley)
H. Consider Resolution Authorizing Use of Successor Agency Property to
Support the Annual Roam'N Relics Car Show on October 28, 2012, and to
Pay Waive City Fees for the Event. Staff Recommendation: Adopt
Resolution No. OB-2012- , authorizing use of Successor Agency property
and waiving rental fees; and 2) Require Club to provide the Successor
Agency with an indemnification agreement, and name the Successor Agency
and Oversight Board as additional insureds in the Club's insurance policy.
(Staff: David Moe)
I. Consider Resolution Due Diligence Review and Authorize the City Manager
to Execute Amendment #1 to the Agreement for Independent Auditing
Services. Staff Recommendation: Adopt Resolution No. OB-2012-
(Staff: David Moe)
J. Consider Resolution Authorizing City Manager to Negotiate and Approve
Short Term Lease Agreements for Successor Agency Property. Staff
Recommendation: Adopt Resolution No. OB-2012- (Staff: David Moe)
8. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS:
A. Announcements.
B. Future Agenda Items.
Regular Meeting of the Oversight Board to the
Successor Agency of the Redevelopment Agency
of the City of Moorpark
September 18, 2012
Page 4
9. ADJOURNMENT:
Dated: September 14, 2012.
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).
Regular Meeting of the Oversight Board to the
Successor Agency of the Redevelopment Agency
of the City of Moorpark
September 18, 2012
Page 5
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 Regular Meeting of
Oversight Board to the Successor Agency of the Redevelopment Agency of the City of
Moorpark to be held Tuesday, September 18, 2012, at 3:30 p.m. in the Council Chambers
of the Moorpark Community Center, 799 Moorpark Avenue, Moorpark, California, was
posted on September 14, 2012,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 September 14, 2012.
Caitil
Maureen Benson, City Clerk
OVERSIGHT BOARD TO SUCCESSOR AGENCY
OF THE REDEVELOPMENT AGENCY STEM 6.A.
OF THE CITY OF MOORPARK MEETING
of 9-/ 'oZ0/
ACTION:
-
BY:
OVERSIGHT BOARD TO THE SUCCESSOR AGENCY OF THE
REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK
AGENDA REPORT
TO: Oversight Board to the Successor Agency
FROM: Ron Ahlers, Finance Director 64--
DATE: September 12, 2012 (Oversight Board Meeting September 18, 2012)
SUBJECT: Consider Resolution Adopting the Revised Recognized Obligation
Payment Schedule (ROPS) for July 1, 2012 to December 31, 2012
SUMMARY
AB 1484, signed by the Governor on June 27, 2012, requires that by October 1, 2012
the Successor Agency shall submit a due diligence review of the Low and Moderate
Housing Fund to the Oversight Board, the County Auditor-Controller, the Controller, and
the Department of Finance. A due diligence review of all the other funds is required by
December 15, 2012. We have received a quote from the City's auditors that these
reports shall cost $6,000 to $10,000 each. Therefore, we are amending the ROPS for
July 1, 2012 to December 31, 2012 for $20,000.
Staff is requesting the Oversight Board consider the attached Resolution to adopt the
revised ROPS for July 1, 2012 to December 31, 2012.
DISCUSSION
ROPS is being amended to account for the $20,000 required by the end of December
2012 for the due diligence review as required by AB 1484. No other changes are
proposed to be made to the ROPS. ROPS, Form A, line 14 details the $20,000 for the
Due Diligence Review.
Staff contacted the State Department of Finance (DOF) requesting to amend the ROPS
for July 1, 2012 to December 31, 2012. The email reply from the DOF stated that they
are no longer accepting amended ROPS II (see attachment 3). AB 1484 requires this
Due Diligence Review and for the review to be completed by October 1, 2012 and
December 15, 2012. Staff is requesting the Oversight Board to approve this amended
ROPS and send it to the DOF.
1
Oversight Board to the Successor Agency
September 18, 2012
Page 2
The DOF released the guidelines for the Due Diligence Review on August 27, 2012.
The outside audit firm of Rogers, Anderson, Malody & Scott, LLP (RAMS) did not
submit their quote until September 4, 2012. As a result the Due Diligence Review will
not be completed by October 1, 2012. It is expected to be completed by late October
2012.
FISCAL IMPACT
The Successor Agency is limited to spending resources as they are listed on the ROPS.
These two reports are estimated to cost $20,000.
STAFF RECOMMENDATION (ROLL CALL VOTE)
1. Adopt Resolution No. 06-2012-
2. Direct staff to transmit the approved ROPS, with the signature of the
Chairperson, to the State of California (Department of Finance, State Controller's
Office), Ventura County Auditor-Controller and post to the City's website, as per
the legislation.
Attachments:
1. Resolution No. 06-2012-
2. Revised ROPS for July 1, 2012 to December 31, 2012, dated September 18,
2012
3. Email from Gary Davis, State of California, Department of Finance
2
Attachment 1
RESOLUTION NO. OB-2012-
A RESOLUTION OF THE OVERSIGHT BOARD TO THE
SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF
THE CITY OF MOORPARK, CALIFORNIA, FOR THE MEETING OF
SEPTEMBER 18, 2012, ADOPTING THE RECOGNIZED
OBLIGATION PAYMENT SCHEDULE FOR JULY 1, 2012 TO
DECEMBER 31, 2012
WHEREAS, Section 34179 (e) of the Health and Safety requires all actions taken
by the Oversight Board of the Successor Agency of the City of Moorpark be adopted by
resolution; and
WHEREAS, on September 18, 2012 the recommended Recognized Obligation
Payment Schedule for July 1, 2012 to December 31, 2012 was submitted to the
Oversight Board for its review and consideration (Agenda Item 6.A.).
NOW, THEREFORE, THE OVERSIGHT BOARD TO THE SUCCESSOR
AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The Recognized Obligation Payment Schedule for July 1, 2012 to
December 31, 2012 is hereby adopted.
SECTION 2. The City Clerk shall certify to the adoption of this resolution and
shall cause a certified resolution to be filed in the book of original resolutions.
PASSED AND ADOPTED this 18th day of September, 2012.
Bruce Hamous, Chair
ATTEST:
Maureen Benson, City Clerk
3
RECOGNIZED OBLIGATION PAYMENT SCHEDULE - CONSOLIDATED
FILED FOR THE July 1St to December 31St, 2012 PERIOD
MAY 15, 2012 OVERSIGHT BOARD
Name of Successor Agency CITY OF MOORPARK
Current
Total Outstanding Total Due
Debt or Obligation During Fiscal Year
Outstanding Debt or Obligation $ 57,252,999.00 $ 3,627,253.00
Total Due for Six Month Period
Outstanding Debt or Obligation $ 3,451,653.00
Available Revenues other than anticipated funding from RPTTF $ 700,600.00
Enforceable Obligations paid with RPTTF $ 2,626,053.00
Administrative Cost paid with RPTTF $ 125,000.00
Pass-through Payments paid with RPTTF $ -
Administrative Allowance(greater of 5%of anticipated Funding from RPTTF or 250,000.Note:Calculation should not
include pass-through payments made with RPTTF. The RPTTF Administrative Cost figure above should not exceed this
Administrative Cost Allowance figure) $ 250,000.00
D
Certification of Oversight Board Chairperson:
Pursuant to Section 34177(1) of the Health and Safety code, Bruce Hamous Chairperson
I hereby certify that the above is a true and accurate Recognized Name Title n
Enforceable Payment Schedule for the above named agency. _
May 16, 2012 �
Signature Date m
Z
N
Name of Redevelopment Agency. REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK FORM A-Redevelopment Property Tax Trust Fund(RPTTF)
Project Area(s) Moorpark Redevelopment Project (MRP)
RECOGNIZED OBLIGATION PAYMENT SCHEDULE - MAY 15,2012 OVERSIGHT BOARD
Per AB 26-Section 34177(')
_ Payable from the Redevelopment Property Tax Trust Fund(RPTTF)
Total Due During
Contract/Agreement Total Outstanding Fiscal Year Funding Payments by month
Project Name/Debt Obligation Execution Date Payee Description Project Area Debt or Obli ation 2012-2013•` Source Jul 2012 Aug 2012 Sep 2012 Oct 2012 Nov 2012 Dec 2012 Total
1 1999 Tax Allocation Bonds 05/0111999 Bank of New York Bond Principal&Interest Payments MRP 6,030,082.00 754,506.00 RPTTF 658,956.00 95,550.00 $ 754,506.00
2 2001 Tax Allocation Bonds 1211212001 Bank of New York Bond Principal&Interest Payments MRP 20,359,572.00 606,319.00 RPTTF 313,382.00 292,937.00 $ 606,319.00
3 2006 Tax Allocation Bonds 1211312006 Bank of New York Bond Principal&Interest Payments MRP 23,545,793.00 539,628.00 RPTTF 287,631.00 251,997.00 $ 539,628.00
4 Bond Trustee 05101/1999 Bank of New York Trustee services MRP 10,000.00 10,000.00 RPTTF 10,000.00 $ 10,000.00
5 Bond Disclosures 04/12/2007 Urban Futures Bond Disclosure MRP 10,000.00 10,000.00 RPTTF 10.000.00 $ 10,000.00
6 Bond Arbitrage Calks 10/13/2009 BondLo istix Bond Arbitrage Calks MRP 10,000.00 10,000.00 RPTTF 10,000.00 $ 10,000.00
7 Legal Counsel 07/0112007 Burke Williams Sorensen Legal Services MRP 60,000.00 60,000.00 RPTTF 5,000.00 5,000.00 5,000,00 5,000.00 5,000.00 5,000.00 $ 30,000.00
Aszkenazy Disposition and 01/26/2011 Removal of Structures and Intersection Improvements per
8 Development Agreement TBD DDA MRP 500,000.00 500,000.00 RPTTF 400,000.00 100,000.00 $ 500,000.00
9 High Street Fueling Station TBD Removal of underground storage tanks MRP 125,000.00 125,000.00 RPTTF 125,000.00 $ 125,000.00
10) Property Maintenance 10/17/20 i t RA Atmore&Sons Maintain properties MRP 10,000.00 10,000.00 RPTTF 3,500.00 500.00 500.00 500.00 $ 5,000.00
11 Record Oversight Board Meetings 09/2112011 Reel Life Pictures Record Oversight Board Meetings MRP 12,000.00 12,000.00 RPTTF 1,000.00 1,000.00 1,000.00 1,000.00 1,000.00 1,000.00 $ 6,000.00
12 Oversigh Committee Packets PostNet Printing Oversight Committee packets MRP 7,200.00 7,200.00 RPTTF 600.00 600.00 600.00 600.00 600.00 600.00 $ 3,600.00
13 Oversight Board Legal Counsel TBD Legal Services for Oversight Board MRP 12,000.00 12,000.00 RPTTF 1,000.00 1,000.00 1,000.00 1,000.00 1,000.00 1,000.00 $ 6,000.00
14 Due Diligence Review TBD Due Diligence Review per AB 1484 MRP 20,000.00 20,000.00 RPTTF 10,000.00 10,000.00 $ 20,000.00
15), $
16 $
17 $
18 $
19 $
20 $
21 $
22). $
23 $
24 $
25 $
26) $
27 $
28 $
29), $
30 $
31 $
32) $
Totals-ThisPage(RPTTFFunding) $ 50,711,647.00 $ 2,676,653.00 N/A $ 11,100.00 $ 132,600.00 $1,668,069.001$ 118,100.00 1$ 38,100.00 1$ 658,084.00 $ 2,626,053.00
Totals-Page 2(Other Funding) $ 6,291,352.00 $ 700,600.00 N/A $ 230,300.00 $ 230,300.00 $ 232,200.00 1$ 2,600.00 $ 2,600.00 I$ 2,600.00 $ 700,600.00
Totals-Page 3(Administrative Cost Allowance) $ 250,000.00 $ 250,000.00 N/A $ 20,834.00 $ 20,834.00 $ 20,834.001$ 20,834.00 $ 20,834.00 $ 20,830.00 $ 125,000.00
Totals-Page 4(Pass Thru Payments) $ $ N/A $ $ $ $ $ $ $
Grand total-All Pages $ 57,252,999.00 $ 3,627,253.00 $ 262,234.00 $ 383,734.00 $1,921,103.00 $ 141,534.00 $ 61,534.00 $ 681,514.00 $ 3,451,653.00
The Preliminary Draft Recognized Obligation Payment Schedule(ROPS)is to be completed by 3/1/2012 by the successor agency,and subsequently be approved by the oversight board before the final ROPS is submitted to the State Controller and State Department of Finance by April 15,2012. It is not a requirement that the
Agreed Upon Procedures Audit be completed before submitting the final Oversight Approved ROPS to the State Controller and State Department of Finance.
•' All totals due during fiscal year and payment amounts are projected.
Funding sources from the successor agency: (For fiscal 2011-12 only,references to RPTTF could also mean tax increment allocated to the Agency prior to February 1,2012.)
RPTTF-Redevelopment Property Tax Trust Fund Bonds-Bond proceeds Other-reserves,rents,interest earnings,etc
LMIHF-Low and Moderate Income Housing Fund Admin-Successor Agency Administrative Allowance
Ul
Name of Redevelopment Agency: REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK FORM B-All Revenue Sources Other Than Redevelopment Property Tax Trust Fund(RPTTF)
Project Area(s) Moorpark Redevelopment Project (MRP)
RECOGNIZED OBLIGATION PAYMENT SCHEDULE - MAY 15,2012 OVERSIGHT BOARD
Per AB 26-Section 34177(')
Payable from Other Revenue Sources
Contract/ Total Due During Funding Payments by month
Total Outstanding Fiscal Year Source
Project Name/Debt Obligation Execution Date Payee Description Project Area Debt or Obligation 2012-2013" — Jul 2012 Aug 2012 Sep 2012 Oct 2012 Nov 2012 Dec 2012 Total
1) Ruben Castro Human Services 03/2112006 HMC Architects Architect MRP 182,000.00 5,400.00 Bonds 1,800.00 1,800.00 1,800.00 $ 5,400.00
Center
2) Ruben Castro Human Services 07/27/2011 RJR Engineering Civil Engineering MRP 23,000.00 1,200.00 Bonds 500.00 500.00 200.00 $ 1,200.00
Center
3) Ruben Castro Human Services 02123/2011 Jensen Design&Survey Survey Services MRP 41,300.00 2,000.00 Bonds 800.00 800.00 400.00 $ 2,000.00
Center
4)Ruben Castro Human Services 02/2512011 Vertical V-BTC Labs Soils&Steel Inspections MRP 178,000.00 9,000.00 Bonds 3,600.00 3,600.00 1,800.00 $ 9,000.00
Center
5) Ruben Castro Human Services 06/0212008 Barnhart Balfour Beatty Construction Management MRP 908,152.00 136,200.00 Bonds 45,400.00 45,400.00 45,400.00 $ 136,200.00
Center
6) Ruben Castro Human Services 06/02/2011 Tlyangler Project Administration MRP 31,200.00 15,600.00 Bonds 2,600.00 2,600.00 2,600.00 2,600.00 2,600.00 2,600.00 $ 15,600.00
Center
7) Ruben Castro Human Services 02/25/2011 Damar Construction Grading(Construction) MRP 273,000.00 41,100.00 Bonds 13,700.00 13,700.00 13,700.00 $ 41,100.00
Center
8)Ruben Castro Human Services 02/2512011 Precision Plumbing Underground Utilities MRP 905,000.00 135,900.00 Bonds 45,300.00 45,300.00 45,300.00 $ 135,900.00
Center
9)Ruben Castro Human Services 05104/2011 Santa Clarita Concrete Concrete/CMU(Construction) MRP 1,835,900.00 275,400.00 Bonds 91,800.00 91,800.00 91,800.00 $ 275,400.00
Center
10) Ruben Castro Human Services 04/1212011 Environmental Heating HVAC(Construction) MRP 790,800.00 23,700.00 Bonds 7,900.00 7,900.00 7,900.00 $ 23,700.00
Center
11)Ruben Castro Human Services 03/25/2011 Taft Electric Company Electric(Construction) MRP 926,000.00 27,900.00 Bonds 9,300.00 9,300.00 9,300.00 $ 27,900.00
Center
12) Ruben Castro Human Services 04/1212011 John Pence Building Specialties MRP 66,400.00 3,300.00 Bonds 1,300.00 1,300.00 700.00 $ 3,300.00
Center Specialties Inc.
13) Ruben Castro Human Services 03/30/2011 FYR Landscaping,Inc. Landscape&irrigation MRP 125,600.00 18,900.00 Bonds 6,300.00 6,300.00 6,300.00 $ 18,900.00
Center
14) Ruben Castro Human Services varies Dedication plaque,momentos,ceremony MRP 5,000.00 5,000.00 Bonds 5,000.00 $ 5,000.00
Center
15) $ -
16) $
17) $
18) $
19) $
20) $
21) $
22) $
23) $ -
Totals-LMIHF $0.00
Totals-Bond Proceeds _ $ 6,291,352.00 $ 700,600.00 =$ 230 $ 230,300.00 $232,200.00 $ 2,600.00 $ 2.600.00 $ 2,600.00 $ 700,600.00
Totals-Other I 1 $0.00
Grand total-This Page $ 6,291,352.00 $ 700,600.00 1$ 230,3-0-0,-00-1$ 230,300.00 1$232,200.00 $ 2,600.00 $ 2,600.00 $ 2,600.00 $ 700,600.00
The Preliminary Draft Recognized Obligation Payment Schedule(ROPS)is to be completed by 3/112012 by the successor agency,and subsequently be approved by the oversight board before the final ROPS is submitted to the State Controller and State Department of Finance by April 15,2012. It is not a requirement
that the Agreed Upon Procedures Audit be completed before submitting the final Oversight Approved ROPS to the State Controller and State Department of Finance.
" All total due during fiscal year and payment amounts are projected.
Funding sources from the successor agency: (For fiscal 2011-12 only,references to RPTTF could also mean tax increment allocated to the Agency prior to February 1,2012.)
�TTF-Redevelopment Property Tax Trust Fund Bonds-Bond proceeds Other-reserves,rents,interest earnings,etc
LMIHF-Low and Moderate Income Housing Fund Admin-Successor Agency Administrative Allowance
Name of Redevelopment Agency REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK FORM C-Administrative Cost Allowance Paid With Redevelopment Property Tax Trust Fund(RPTTF)
ProjectArea(s) Moorpark Redevelopment Project (MRP)
RECOGNIZED OBLIGATION PAYMENT SCHEDULE - MAY 15,2012 OVERSIGHT BOARD
Per AB 26-Section 34177(*)
Payable from the Administrative Allowance Allocation
Total Due During Payments by month
Total Outstanding Fiscal Year Funding
Project Name/Debt Obligation Payee Description Project Area Debt or Obligation 2012-2013" Source.= Jul 2012 Aug 2012 Sep 2012 Oct 2012 Nov 2012 Dec 2012 Total
1 Salary and Benefits Employees Salary and Benefits MRP 237,250.00 237,250.00 Admin 19,771.00 19,771.00 19,771.00 19,771.00 19,771.00 19,767.00 $ 118,622.00
2 Office Supplies varies Office Supplies MRP 1,000.00 1,000.00 Admin 83.00 83.00 83.00 83.00 83.00 83.00 $ 498.00
3 Publications/Subscription varies Publications/Subscription MRP 250.00 250.00 Admin 21 00 21.00 21.00 21.00 21.00 21.00 $ 126.00
4 Mileage Reimbursement Employees Mileage Reimbursement MRP 250.00 250.00 Admin 21.00 21.00 21.00 21.00 21.00 21.00 $ 126.00
5 Postage U.S.Postal Service/FedEx Postage MRP 250.00 250.00 Admin 21.00 21.00 21.00 21.00 21.00 21.00 $ 126.00
6 Printing PostNet and varies Printing MRP 250.00 250.00 Admin 21.00 21.00 21.00 21.00 21.00 21.00 $ 126.00
7 Advertising varies Advertising MRP 250.00 250.00 Admin 21.00 21.00 21.00 21.00 21.00 21.00 $ 126.00
8 Contractual Services varies Contractual Services MRP 10,000.00 10,000.00 Admin 833.00 833.00 833.00 833.00 833.00 833.00 $ 4,998.00
9 Office Equipment Maintenance varies Office Equipment Maintenance MRP 500.00 500.00 Admin 42.00 42.00 42.00 42.00 42.00 42.00 $ 252.00
10 $ -
11 $
12 $
13 $
14 $
15 $
16 $
17 $
18 $
19 $
20 $
21 $
22 $
23 $
24 $ -
25 $
26) $
27 $
28 $
$
$
$
$
Totals-This Page $ 250,000.00 $ 250,000.00 $ 20,834.00 $ 20,834.00 $ 20,834.00 $ 20,834.00 $ 20,834.00 $ 20,830.00 $ 125,000.00
The Preliminary Draft Recognized Obligation Payment Schedule(ROPS)is to be completed by 3/1/2012 by the successor agency,and subsequently be approved by the oversight board before the final ROPS is submitted to the State Controller and State Department of Finance by April
15,2012. It is not a requirement that the Agreed Upon Procedures Audit be completed before submitting the final Oversight Approved ROPS to the State Controller and State Department of Finance.
- All total due during fiscal year and payment amounts are projected.
"`*"'Funding sources from the successor agency: (For fiscal 2011-12 only,references to RPTTF could also mean tax increment allocated to the Agency prior to February 1,2012.)
RPTTF-Redevelopment Property Tax Trust Fund Bonds-Bond proceeds Other-reserves,rents,interest earnings,etc
LMIHF-Low and Moderate Income Housing Fund Admin-Successor Agency Administrative Allowance
Administrative Cost Allowance caps are 5%of Form A 6-month totals in 2011-12 and 3%,of Form A 6-month totals in 2012-13. The calculation should not factor in pass through payments paid for with RPTTF in Form D.
J
Name of Redevelopment Agency REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK FORM D-Pass-Through Payments
Project Area(s) Moorpark Redevelopment Project (MRP)
RECOGNIZED OBLIGATION PAYMENT SCHEDULE - MAY 15,2012 OVERSIGHT BOARD
Per AB 26-Section 34177(*)
Pass Through and Other Payments—
Total Due During Payments by month
Total Outstanding Fiscal Year Source of
Project Name/Debt Obligation Payee Description Project Area Debt or Obliciation 2012-2013** Fund*** Jul 2012 Aug 2012 Sep 2012 Oct 2012 Nov 2012 Dec 2012 Total
1), NOT APPLICABLE $
2 $
3 $
4 $
5 $
6 $
7 $
8 $
9 $
10 $
11 $
12 $
13 $
14 $
15 $
$
$
$
$
$
Totals-Other Obligations $ $ $ $ $ $ $ $ - $
* The Preliminary Draft Recognized Obligation Payment Schedule(ROPS)is to be completed by 3/1/2012 by the successor agency,and subsequently be approved by the oversight board before the final BOPS is submitted to the State Controller and State Department of
Finance by April 15,2012. It is not a requirement that the Agreed Upon Procedures Audit be completed before submitting the final Oversight Approved ROPS to the State Controller and State Department of Finance.
*' All total due during fiscal year and payment amounts are projected.
***Funding sources from the successor agency: (For fiscal 2011-12 only,references to RPTTF could also mean tax increment allocated to the Agency prior to February 1,2012.)
RPTTF-Redevelopment Property Tax Trust Fund Bonds-Bond proceeds Other-reserves,rents,interest earnings,etc
LMIHF-Low and Moderate Income Housing Fund Admin-Successor Agency Administrative Allowance
****-Only the January through June 2012 ROPS should include expenditures for pass-through payments. Starting with the July through December 2012 ROPS,per HSC section 34183(a)(1),the county auditor controller will make the required pass-through payments prior to
transferring money into the successor agency's Redevelo ment Obligation Retirement Fund for items listed in an oversight board approved ROPS.
00
ATTACHMENT 3
Ron Ahlers
From: David Moe
Sent: Wednesday, September 12, 2012 1:10 PM
To: Steve Kueny; Ron Ahlers
Cc: David Bobardt
Subject: FW: Moorpark ROPS III questions and documents request
FYI. Here is the formal request from the DOF.
From: Davis, Gary jmailto:Gary.Davis(cbdof.ca.ciovl
Sent: Wednesday, September 12, 2012 12:37 PM
To: David Moe
Cc: Patterson, Mindy; Chappuie, Beliz; 'Christine.Cohen @ ventura.org'; 'Sandra.Bickford @ventura.org'
Subject: Moorpark ROPS III questions and documents request
Dear Mr. Moe,
As I indicated in my phone message, I have a couple of questions about items on the ROPS and a response to
your question regarding the Due Diligence Review.
1. Items 1, 2 & 3 on your ROPS are Tax Allocation Bonds dated 1999, 2001 & 2006. In the current ROPS
you are requesting $771,100; $600,874; and $543,994, respectively. I checked the Moorpark CAFR
and saw that those amounts approximate the annual debt service requirements on the three bonds. I
see that you also requested the same amounts for these bonds in ROPS I & II. Since the ROPS are for
six-month periods, can you explain why you have requested the annual amounts on each of the
ROPS?
2. Item #7, High Street Fueling Station requests $200,000 for the removal of an underground storage tank
with the payee to be determined. On your ROPS II you requested RPTTF funding in the amount of
$125,000 for the same item. What is the true approximate cost of the removal and have you bid it out
yet? What is the status of this project?We would need some type of estimate showing the tank
removal. Additionally, please send me documents that will show how this work was mandated and by
whom; and how you arrived at the amounts on ROPS II & 111.
3. Regarding your question about amending your prior ROPS to include $10,000 for a Due Diligence
Review: We are no longer accepting amended ROPS I or II. The ROPS are forward-looking. You
could amend ROPS III, but it would need to be for services provided in the period of January 1, 2013
through June 30, 2013.
If you have any questions or wish to discuss this over the phone, you can call me at (916)322-2985 ext. 3728.
1 would appreciate if you could provide responses and any necessary documents by cob tomorrow, September
13.
Thank you,
Gary Davis
Analyst
916.322.2985 x 3728
� g
OVERSIGHT BOARD TO SUCCESSOR AGENCY
OF THE REDEVELOPMENT AGENCY
OF THE CITY OF MOORPARK MEETING
of ITEM 7.A.
ACTION: QA
BY. mwm i t5 ur I HE OVERSIGHT BOARD
TO THE SUCCESSOR AGENCY OF THE
REDEVELOPMENT AGENCY OF THE CITY COUNCIL
Moorpark, California July 17, 2012
A Special Meeting of the Oversight Board to the Successor Agency of the
Redevelopment Agency of the City of Moorpark was held on July 17, 2012, in the
Community Center of said City located at 799 Moorpark Avenue, Moorpark, California.
1 . CALL TO ORDER:
Chairperson Hamous called the meeting to order at 3:33 p.m.
2. PLEDGE OF ALLEGIANCE:
Bruce Thomas, Moorpark Unified School District Board Member, led the Pledge
of Allegiance.
3. ROLL CALL:
Present: Board Members Burgh, Ingram, Kasper, Nicks, Parvin,
Priestley, and Chairperson Hamous.
Staff Present: Steven Kueny, Executive Director; Ron Ahlers, Finance
Director; David Moe, Redevelopment Manager; and
Maureen Benson, City Clerk.
4. PUBLIC COMMENT:
None.
5. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
Mr. Kueny announced that due to the recent passage of AB-1484 all actions of
the Oversight Board must be by resolution; and staff will return in September with
proposed changes to the Rules of Procedure.
6 PRESENTATION/ACTION/DISCUSSION:
A. Consider Resolution Approving Disposition of Former Redevelopment
Agency Non-Housing Properties. Staff Recommendation: Adopt
Resolution No. 2012-1 forming an Ad Hoc Committee of the Oversight
Board to work with the Successor Agency to discuss the sale or
development potential of each property and report back in October 2012,
and concurring with Successor Agency's intent to issue a notice of default
to Aszkenazy Development, Inc.
10
Minutes of the Oversight Board to the
Successor Agency of the
Redevelopment Agency
of the City of Moorpark Page 2 July 17, 2012
Mr. Moe gave the staff report.
There were no speakers.
Mr. Kueny recommended the Oversight Board name Chair Hamous due to
his profession and experience in real estate, one Board Member
representing the County of Ventura, one Board Member representing the
educational entities, and City staff to an ad hoc committee to work with the
Successor Agency to discuss the sale or development potential of each
property and report back to the Oversight Board in October 2012.
Board Member Burgh, Assistant Audito-Controller for the County of
Ventura and Board Member Nicks, Assistant Superintendent of Business
Services for Moorpark Unified School District volunteered to serve with
Chairperson Hamous on the ad hoc committee.
MOTION: Board Member Ingram moved and Board Member Parvin seconded a
motion to: 1) Adopt Resolution No. 2012-1 , as amended, to form an ad hoc
committee consisting of Board Member Burgh, Board Member Nicks, and
Chairperson Hamous to discuss the sale or redevelopment potential of each non-
housing property and to report back to the full Board in October, 2012; and 2)
Concur with the Successor Agency's intent to issue a notice of default to
Aszkenazy Development, Inc. The motion carried by unanimous voice vote.
B. Consider Resolution Receiving and Filing the Current Leases of the
Redevelopment Agency. Staff Recommendation: Adopt Resolution No.
2012-2.
Mr. Moe gave the staff report.
There were no speakers.
MOTION: Chairperson Hamous moved and Board Member Priestley seconded a
motion to adopt Resolution No. 2012-2 receiving and filing the current leases of
the Redevelopment Agency. The motion carried by unanimous voice vote.
C. Consider Resolution Adopting the Recognized Obligation Payment
Schedule (ROPS) for January 1 2013 to June 30, 2013. Staff
Recommendation: Adopt Resolution No. 2012-3. ROLL CALL VOTE
REQUIRED
Mr. Ahlers gave the staff report.
11
Minutes of the Oversight Board to the
Successor Agency of the
Redevelopment Agency
of the City of Moorpark Page 3 July 17, 2012
Bruce Thomas, Moorpark Unified School District Board Member,
requested clarification on the pass-through amount of $175,000 back-due
from the past six months.
Mr. Ahlers stated AB-1484 does address the back-due amounts.
MOTION: Board Member Ingram moved and Board Member Parvin seconded a
motion to adopt Resolution No. 2012-3, adopting the Recognized Obligation
Payment Schedule (ROPS) for January 1, 2013 to June 30, 2013. The motion
carried by unanimous roll call vote.
D. Consider Resolution Directing Continued Search for Potential Law Firms
Identified for Oversight Board Legal Counsel. Staff Recommendation:
Adopt Resolution No. 2012-4.
Mr. Moe gave the staff report.
There were no speakers.
MOTION: Board Member Ingram moved and Board Member Burgh seconded a
motion to adopt Resolution No. 2012-4 directing a continued search for potential
law firms identified for Oversight Board Legal Counsel. The motion carried by
unanimous voice vote.
7. CONSENT CALENDAR:
MOTION: Board Member Burgh moved and Board Member Parvin seconded a motion
to approve the Consent Calendar. The motion carried by unanimous voice vote.
A. Consider Resolution Approving the Minutes of the Special Oversight
Board Meeting of June 19, 2012. Staff Recommendation: Adopt
Resolution No. 2012-5.
B. Consider Resolution to Receive and File Report on the Status Update to
the Recognized Obligation Payment Schedules (ROPS) for January 1 ,
2012 to June 30 2012 and July 1, 2012 to December 31, 2012. Staff
Recommendation: Adopt Resolution No. 2012-6.
C. Consider Resolution Scheduling a Summer Meeting Recess for August
21, 2012. Staff Recommendation: Adopt Resolution No. 2012-7.
8. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS:
None.
12
Minutes of the Oversight Board to the
Successor Agency of the
Redevelopment Agency
of the City of Moorpark Page 4 July 17, 2012
9. ADJOURNMENT:
Chairperson Hamous moved and Board Member Nicks seconded a motion to
adjourn. The time was 4:16 p.m.
Bruce Hamous, Chairperson
ATTEST:
Maureen Benson, City Clerk
13
OVERSIGHT BOARD TO SUCCESSOR AGENCY
OF THE REDEVELOPMENT AGENCY
OF THE CITY OF MOORPARK MEETING
Of ITEM 7.13.
ACTION:
BY' Ll'1-►
MINUTES OF THE OVERSIGHT BOARD
TO THE SUCCESSOR AGENCY OF THE
REDEVELOPMENT AGENCY OF THE CITY COUNCIL
Moorpark, California August 28, 2012
A Special Meeting of the Oversight Board to the Successor Agency of the
Redevelopment Agency of the City of Moorpark was held on August 28, 2012, in the
Community Center of said City located at 799 Moorpark Avenue, Moorpark, California.
1. CALL TO ORDER:
Chairperson Hamous called the Special Oversight Board meeting to order at 3:31
p.m.
2. PLEDGE OF ALLEGIANCE:
Hugh Riley, Assistant City Manager, led the Pledge of Allegiance.
3. ROLL CALL:
Present: Board Members Burgh, Ingram, Kasper, Parvin, Priestley,
and Chairperson Hamous.
Absent: Board Member Nicks
Staff Present: Steven Kueny, Executive Director; Ron Ahlers, Finance
Director; David Moe, Redevelopment Manager; and
Maureen Benson, City Clerk.
4. PUBLIC COMMENT:
None.
5. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
None.
6 PRESENTATION/ACTION/DISCUSSION:
A. Consider Resolution Adopting the Recognized Obligation Payment
Schedule (BOPS) for January 1 , 2013 to June 30, 2013. Staff
Recommendation: 1) Adopt Resolution No. 2012-08; and 2) Direct staff to
transmit the approved ROPS, with the signature of the Chairperson, to the
State of California (Department of Finance, State Controller's Office),
Ventura County Auditor-Controller and post to the City's website, as per
14
Minutes of the Oversight Board to the
Successor Agency of the
Redevelopment Agency of the
City of Moorpark California Page 2 August 28, 2012
the legislation [Health and Safety Code, Section 34177(k)(2)(C)]. ROLL
CALL VOTE REQUIRED
Mr. Ahlers gave the staff report and corrected the date in the title of the
resolution on stamped page 5 of the agenda report to reflect the payment
schedule for January 1, 2013 to June 30, 2013.
A discussion followed among the Board Members and Mr. Kueny focusing
on increasing the amount of Line Item 22 - Audit of Low/Moderate Income
Housing from $5,000 to $10,000 on stamped page 8 of the agenda report;
and exploring the possibility of a loan between the City of Moorpark and
the Successor Agency to avoid the reoccurring temporary default on bond
payments created by the timing of the receipt of tax increment funds from
the County Auditor-Controller.
There were no speakers.
MOTION: Chairperson Hamous moved and Board Member Burgh seconded a
motion to 1) Adopt Resolution No. 2012-8, as amended to increase the amount
to $10,000 for the Audit of Low/Moderate Income Housing and to correct the date
in the title of the resolution to reflection June 30, 2013; and 2) Direct staff to
transmit the approved ROPS, with the signature of the Chairperson, to the State
of California (Department of Finance, State Controller's Office), Ventura County
Auditor-Controller and post to the City's website, as per the legislation [Health
and Safety Code, Section 34177(k)(2)(C)]. The motion carried by roll call vote 6-
0, Board Member Nicks absent.
7. ADJOURNMENT:
MOTION: Board Member Parvin moved and Board Member Burgh seconded a motion
to adjourn the meeting. The time was 3:52 p.m.
Bruce Hamous, Chairperson
ATTEST:
Maureen Benson, City Clerk
15
OVERSIGHT BOARD TO SUCCESSOR AGENCY
OF THE REDEVELOPMENT AGENCY
OF THE CITY OF MOORPARK MEETING ITEM 7.C.
of 9-/ -0?01
ACTION:
01 — 10•
BY: Li7, ,
OVERSIGHT BOARD TO THE SUCCESSOR AGENCY
OF THE REDEVELOPMENT AGENCY
OF THE CITY OF MOORPARK
AGENDA REPORT
TO: Oversight Board to Successor Agency V
FROM: David C. Moe, II, Redevelopment Manager
By: Maureen Benson, City Clerk `�
DATE: August 29, 2012 (OB Meeting of 9/18/12)
SUBJECT: Consider Resolution Adopting Revised Rules of Procedure for
Oversight Board Meetings
BACKGROUND AND DISCUSSION
Rules of Procedure for the Oversight Board to the Successor Agency of the
Redevelopment Agency of the City of Moorpark were approved by the Oversight Board at
the regular meeting of May 15, 2012. At the special Oversight Board meeting of July 17,
2012, in compliance with recently passed Assembly Bill 1484 (AB-1484) all actions of the
Oversight Board were adopted by resolution. At that time, staff indicated revised Rules of
Procedure would be agendized for the September meeting of the Oversight Board to
include the requirement for adopting by resolution all actions of the Board.
A draft resolution is attached that includes proposed revisions to the Rules of Procedure
for the Oversight Board meetings as shown through the use of legislative format on pages
14-15 of the agenda report.
STAFF RECOMMENDATION
Adopt Resolution No. OB-2012- , approving revised Rules of Procedure for Oversight
Board meetings.
Attachment: Draft Resolution
16
RESOLUTION NO. OB-2012-
A RESOLUTION OF THE OVERSIGHT BOARD TO THE
SUCCESSOR AGENCY OF THE REDEVELOPMENT
AGENCY OF THE CITY OF MOORPARK, CALIFORNIA,
ADOPTING RULES OF PROCEDURE FOR OVERSIGHT
BOARD MEETINGS AND RELATED FUNCTIONS AND
ACTIVITIES
WHEREAS, Section 34179 (e) of the Health and Safety Code requires all actions
taken by the Oversight Board to the Successor Agency of the City of Moorpark be
adopted by resolution; and
WHEREAS, at the July 17, 2012, special meeting of the Oversight Board it was
determined revised Rules of Procedure for Oversight Board meeting would need to be
adopted to include the requirement for all actions to be adopted by resolution; and
WHEREAS, at the September 18, 2012, regular meeting of the Oversight Board
a request to adopt revised Rules of Procedure for the Oversight Board was submitted to
the Oversight Board (Agenda Item 7.C.); and
WHEREAS, the Oversight Board has determined that revisions to the Rules of
Procedure are necessary.
NOW, THEREFORE, THE OVERSIGHT BOARD TO THE SUCCESSOR
AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Revised Rules of Procedure for the Oversight Board Meetings
and Related Functions and Activities are hereby adopted, to read as follows:
1. GENERAL PROVISIONS
1.1 Purpose:
The purpose and intent of the Oversight Board in adopting the Rules of Procedure
for Meetings and Related Functions and Activities (Rules) shall be to provide directory
guidelines relating to the conduct of the public business by the Board. In the event of any
non-compliance with, or violation of, any provision herein, such shall not be deemed to
affect the validity of any action taken, unless otherwise specifically provided by law.
1.2 Procedures in Absence of Rules:
In the absence of a rule herein to govern a point or procedure, Robert's Rules of
Order, Newly Revised, shall be used as a guide.
17
Oversight Board to the Successor Agency
of the Redevelopment Agency of the City of Moorpark Rules of Procedure
September 18, 2012
Page 2
2. ORDER OF BUSINESS
2.1 Regular Agenda:
The Order of Business of each meeting shall be as contained in the Agenda
prepared by the City Manager or his/her designee, acting as the Executive Director of the
Successor Entity, staff to the Oversight Board. The Agenda shall be prepared in
consultation as needed with the Chairperson (Presiding Officer of the Oversight Board)
conform to all requirements of the Ralph M. Brown Act. The Agenda shall be a listing by
topic of the items of business which shall be transacted or discussed in the following
order:
1. Call to Order
2. Pledge of Allegiance
3. Roll Call
4. Special Agenda Items
5. Public Comments
6. Reordering of, and Additions to, the Agenda
(Items to be pulled from the Consent Calendar shall be identified under this
section.)
7. Presentations/Action/Discussion
8. Consent Calendar
9. Announcements and Future Agenda Items
(The Oversight Board, by a majority of the total membership, may direct a
matter to be placed upon a future agenda.)
10. Closed Session
11. Adjournment
2.2 Special Meeting Agenda:
The order of business of special meeting agendas shall generally be consistent
with the order of business of regular meeting agendas, although not all regular items of
business must be included. Public Comments shall be included on all special meeting
18
Oversight Board to the Successor Agency
of the Redevelopment Agency of the City of Moorpark Rules of Procedure
September 18, 2012
Page 3
agendas. A special meeting may be called as permitted by Government Code Section
54956.
2.3 Roll Call Vote:
Items, which require a roll call vote, shall be so noted on the agenda.
2.4 Delivery of Agenda Packet:
Barring insurmountable difficulties, the Agenda for regular Tuesday meetings shall
be delivered ordinarily to Board Members via email and mailed in paper format by U.S.
Mail on or before the Friday preceding the meeting to which it pertains.
The Agenda shall be available to the general public after it is posted, including on
the City's website. Agenda reports will also be available to the general public on the
City's website.
2.5 Call to Order:
The meeting of the Oversight Board shall be called to order by the Chairperson or,
in his/her absence, by the Vice-Chairperson who shall serve until the arrival of the
Chairperson. In the absence of both the Chairperson and the Vice-Chairperson, the
meeting shall be called to order by the City Clerk. The City Clerk shall immediately call for
the selection of a temporary Presiding Officer who shall serve until the arrival of the
Chairperson or Vice-Chairperson or until adjournment.
2.6 Roll Call/Quorum:
Before proceeding with the business of the Oversight Board, the City Clerk shall
call the roll of the Oversight Board and the names of those present shall be entered in the
minutes. The order of roll call shall be alphabetical with the Chairperson or Presiding
Officer called last. Unless otherwise provided for by law, a majority of the total
membership of the Oversight Board shall constitute a quorum for the transaction of
business.
2.7 Special Agenda Items
Agenda items to be scheduled under this section title will include selection of a
Presiding Officer (Chairperson and Vice-Chairperson) in accordance with the provisions
of Section 3.1 of these Rules, and may also include special presentations or other
agenda items as determined by the Chairperson and Executive Director or his/her
designee.
19
Oversight Board to the Successor Agency
of the Redevelopment Agency of the City of Moorpark Rules of Procedure
September 18, 2012
Page 4
2.8 Public Comments:
Any member of the public may address the Oversight Board on any item within the
subject matter jurisdiction of the Oversight Board which is not listed on the Agenda as a
Presentations/Action/Discussion item. Speakers will be heard in the order that their
speaker cards are received by the City Clerk. All speaker cards for Public Comments
must be received prior to the Chairperson's call for speaker cards for the Public
Comments agenda item. A limitation of 3 minutes shall be imposed upon each speaker.
Speaker cards must be presented in person by the person wishing to speak. The passing
of time from one speaker to another or speaking in place of another speaker is not
allowed. No speaker will be allowed to speak after all speaker cards are called. By
majority vote of the Oversight Board present and voting, the number of speakers and time
permitted for comments may be limited at any single meeting. The speaker shall be
governed by the rules of Sections 6.1, 6.2 and 6.3. Board Members shall reserve their
comments and responses until the end of the public comments period.
Speakers at a regular meeting shall not be allowed to address the same subject at
an adjourned meeting of the regular meeting at which they spoke, except by a majority
vote of the total membership of the Oversight Board.
2.9 Reordering of, and Additions to, the Agenda:
Except with majority consent of the Board Members present and voting, items may
not be taken out of order.
At this time, Board Members and the Executive Director or his/her designee in
attendance may request that any item on the Consent Calendar be withdrawn for
separate consideration. Items withdrawn from the Consent Calendar shall be considered
immediately after action on the balance of the Consent Calendar in the order that they
appear on the agenda.
Any Board Member, and the Executive Director or his/her designee in attendance
may bring to the attention of the Oversight Board new items of business for discussion
and action in the event of an emergency situation or when the need to take immediate
action comes to the attention of the Oversight Board subsequent to the posting of the
agenda, as specified in Government Code Section 54954.2. A majority vote of the total
membership of the Oversight Board is required to add an item to the agenda.
2.10 Presentations/Action/Discussion Items:
Items that are anticipated to require discussion and items of a non-routine nature
shall be placed under this topic.
20
Oversight Board to the Successor Agency
of the Redevelopment Agency of the City of Moorpark Rules of Procedure
September 18, 2012
Page 5
Presentations to the Oversight Board by other public agencies or groups will be
listed first under the Presentations/Action/Discussion heading. Continued
Presentations/Action/Discussion items will appear in the order they previously appeared,
following presentations.
Discussion/Action items shall be conducted in the following order:
Staff Report
Questions of Staff by Oversight Board
Public Comments
Discussion by Oversight Board
Action by Oversight Board
Questions or comments from the public shall be limited to the item under
consideration and the speaker shall be governed by the provisions of Sections 6.1 and
6.2. Speakers will be heard in the order that their speaker cards are received by the City
Clerk for the item during which the speaker wishes to address the Oversight Board. All
speaker cards for each agenda item must be received prior to the Chairperson's
announcement of the public comment for each Presentations/Action/Discussion item and
call for speaker cards. A limitation of three (3) minutes shall be imposed upon each
speaker. Speaker cards must be presented to the City Clerk by the person wishing to
speak. The passing of time from one speaker to another or speaking in place of another
speaker is not allowed.
Written statement cards may be submitted in lieu of addressing the Oversight
Board. The number of cards received in favor of or in opposition to an item being
considered will be verbally reported to the Oversight Board by the City Clerk following the
last public speaker for an item. The total number of written statement cards received in
favor of or in opposition to an item will be recorded in the minutes of the meeting.
Any member of the Oversight Board, who has an ex parte communication with a
person or entity directly affiliated with an agenda item outside of the public record or
public meeting process, shall disclose the information learned in this communication
during the Oversight Board discussion at the public meeting for the agenda item.
2.11 Consent Calendar:
Minutes of previous Oversight Board meetings, items of a routine nature and items
recommended to be received and filed shall be placed on the Consent Calendar. All
21
Oversight Board to the Successor Agency
of the Redevelopment Agency of the City of Moorpark Rules of Procedure
September 18, 2012
Page 6
items may be approved by one blanket motion by unanimous vote of those present and
voting.
Prior to a motion on the Consent Calendar, any Board Member may request that
any item be withdrawn from the Consent Calendar for individual consideration. Items
withdrawn from the Consent Calendar shall be considered immediately after action on the
Consent Calendar in the order that they appear on the agenda.
2.12 Announcements and Future Agenda Items
At this time, Board Members may make an announcement; and request to have an
item placed on a future agenda.
2.13 Adjournment:
A motion to adjourn shall be in order.
3. PRESIDING OFFICER
3.1 Selection and Term:
The Chairperson shall be the Presiding Officer at all meetings of the Oversight
Board, except as otherwise provided in Section 2.4 (Call to Order). At its first regular
meeting in July of 2013 and each year thereafter, the Oversight Board shall elect a
Chairperson and Vice-Chairperson from among the appointed members, to serve for that
year. Each selection shall be by a majority vote or more affirmative votes of the total
membership of the Oversight Board, whichever first occurs and a failure to achieve such
total of affirmative votes shall be deemed a selection of the incumbent to remain in office.
Each person so selected shall serve until a successor is chosen (at any time) by a
majority vote of the total membership of the Oversight Board.
If a vacancy in the position of Chairperson occurs for any reason except for
removal of the Chairperson pursuant to this Section, the Vice-Chairperson shall assume
the position of Chairperson until a successor is chosen.
3.2 Participation of Presiding Officer:
The Presiding Officer may move, second, and debate from the chair, subject only
to such limitations of debate as are imposed on all Board Members. He/she shall be
accorded all of the rights and privileges of a Board Member.
22
Oversight Board to the Successor Agency
of the Redevelopment Agency of the City of Moorpark Rules of Procedure
September 18, 2012
Page 7
3.3 Maintenance of Order:
The Presiding Officer is responsible for the maintenance of order and decorum at
all times.
3.4 Rulings Final Unless Overruled:
The Presiding Officer shall decide all questions of interpretation of these rules,
points of order, maintenance of order or other questions of procedure requiring rulings.
Any such decision shall be final and binding and (even if clearly erroneous) for purposes
of the item under consideration, unless overridden by a majority vote of the Board
Members present and voting. Any Board Member may seek to have the Presiding
Officer's decision overridden by moving the question "Shall the decision of the Presiding
Officer be sustained?"
CONDUCT OF BOARD MEMBERS
4.1 Decorum and Order:
(a) Any Board Member desiring to speak shall address the Presiding Officer and,
upon recognition by the Presiding Officer, shall confine himself/herself to the item under
debate.
(b) A Board Member desiring to question the staff shall address his/her question
to the Executive Director or his/her designee in attendance, as appropriate, who shall be
entitled either to answer the inquiry or to designate some member of his/her staff for that
purpose.
(c) A Board Member, once recognized, shall not be interrupted while speaking
unless called to order by the Presiding Officer, a point of order is raised by another Board
Member pursuant to Section 3.4 or the speaker chooses to yield to questions from
another Board Member.
(d) Any Board Member called to order while he/she is speaking shall cease
speaking immediately until the question of order is determined. If ruled to be in order
he/she shall be permitted to proceed. If ruled out of order he/she shall remain silent or
shall alter his/her remarks so as to comply with the rules.
(e) Board Members shall accord the utmost courtesy to each other, to staff, and
to the public appearing before the Oversight Board. They shall refrain at all times from
rude and derogatory remarks, abusive comments and statements as to integrity, motives
23
Oversight Board to the Successor Agency
of the Redevelopment Agency of the City of Moorpark Rules of Procedure
September 18, 2012
Page 8
or personalities.
(f) The right of a Board Member to address the Oversight Board on a question
of personal privilege shall be limited to cases in which his/her integrity, character, or
motives are assailed, questioned or impugned.
(g) Any Board Member may move to require the Presiding Officer to enforce the
rules. The affirmative vote of a majority of the Oversight Board present and voting shall
require him/her to so act.
4.2 Limitation of Debate:
A Board Member should not speak more than once upon any one item until every
other member choosing to speak thereon has spoken. No member shall speak for a
longer time than five (5) minutes each time he/she has the floor, without the approval of a
majority vote of the Oversight Board present and voting.
4.3 Dissents and Protests:
Any Board Member shall have the right to express dissent from, or protest to, any
action of the Oversight Board and to have the reason entered in the minutes. If such
dissent or protest is desired to be entered in the minutes, this should be made clear by
language such as, "I would like the minutes to show that I am opposed to this action for
the following reasons. . . ."
4.4 Conflict of Interest:
Section 87105 of the Government Code describes the procedure to be followed if
an official has a conflict of interest on a matter and cannot participate in a decision.
Section 87105 shall apply to the Oversight Board. The official must publicly identify the
financial interest (not including the address of a personal residence), recuse himself or
herself from voting, and leave the room until after the discussion, vote and other
disposition of the matter is concluded. If the matter is on the consent calendar, the official
need not leave the room, but must still make the required disclosure on the record and
abstain from voting. The official also may speak on the issue as a member of the general
public, during the public comment period on that matter, solely to represent himself or
herself on a matter related to his or her personal interest. The announcement of the
conflict of interest must be declared prior to the initiation of Oversight Board's
consideration of the agenda item for which the conflict of interest exists. Section 87105
of the Government Code, and any statutes amendatory or supplementary thereto, and
any applicable regulations of the California Fair Political Practices Commission are
hereby incorporated by reference.
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5. CONDUCT OF STAFF
5.1 Decorum and Order:
(a) Members of the staff shall observe the same rules of procedure and decorum
applicable to members of the Oversight Board.
(b) The Executive Director or his/her designee in attendance shall insure that all
staff members observe such decorum.
(c) Any staff member, including the Executive Director, desiring to address the
Oversight Board or members of the public shall first be recognized by the Chairperson. All
remarks shall be addressed to the Chairperson and not to any one individual Board
Member or member of the public.
6. CONDUCT OF THE PUBLIC
6.1 Decorum and Order:
(a) Members of the public attending Oversight Board meetings shall observe the
same rules of order and decorum applicable to the Oversight Board pursuant to Section
4.1.
(b) Willful conduct that is disruptive, including but not limited to, unauthorized
remarks from the audience, stamping of feet, whistles, yells and similar demonstrations
shall be prohibited by the Presiding Officer. Any person who becomes willfully disruptive
while addressing the Oversight Board or while attending the Oversight Board meeting
shall be requested by the Chairperson to leave the meeting. The Chairperson may call a
recess or adjourn the meeting if the disruption continues. Aggravated cases shall be
prosecuted on appropriate complaint signed by the Presiding Officer.
6.2 Manner of Addressing the Oversight Board:
No person shall address the Oversight Board without being recognized by the
Presiding Officer. After being recognized by the Presiding Officer, any member of the
public desiring to address the Oversight Board shall proceed to the podium. The speaker
shall state his/her name for the record. All remarks and questions shall be addressed to
the Presiding Officer and not to any individual Board Member, staff member or other
person.
6.3 Limitations on Addressing the Oversight Board:
The making of oral communications to the Oversight Board by any member of the
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public during the "Public Comments" portion of the Agenda shall be subject to the
following limitation:
(a) If it appears that several speakers desire to speak regarding any item on the
Agenda, the Presiding Officer may reasonably limit the number of speakers on each side
of the issue. In this regard, preference may be given to speakers who represent groups of
persons who have designated a spokesperson.
6.4 Video Audiotape, PowerPoint, Slide or Similar Presentation.
Video, audiotape, PowerPoint, slide or similar presentation will be disallowed unless
relative to an item on the agenda, and the City Clerk has been provided with no less than
24-hours' notice of the video, audiotape, PowerPoint, slide or similar presentation, and
has determined the appropriate equipment to view and broadcast the presentation is
available. The video, audiotape, PowerPoint, slide or similar presentation must be made
by the person or agency making the presentation. The Oversight Board may limit the total
amount of time allocated for presentations or particular issues and for each speaker. The
same limitations that govern speakers under Sections 2.8. and 2.10 shall apply.
Presentations shall be limited to the subject matter jurisdiction of the Oversight Board.
Those items not germane to the agenda will be disallowed.
7. MOTIONS
7.1 Processing of Motions:
When a motion is made and seconded, it shall be stated by the Presiding Officer
or, at the request of the Presiding Officer, by the City Clerk before debate. A motion so
stated shall not be withdrawn by the mover without the consent of the person seconding
it.
7.2 Division of Motion:
If the motion contains two or more divisible propositions, the Presiding Officer may,
and upon request of any Board Member shall, divide the same, unless a majority of the
Board Members present and voting vote not to do so.
7.3 Precedence of Motions:
When a motion is before the Oversight Board, no motion shall be entertained
except the following, which shall have precedence in the following order.
The ordinary motions rank as follows, and any of them (except to amend) can be
made while one of a lower order is pending, but none can supersede one of a higher
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order. Motions to limit discussion, to call the question and to suspend the rules require a
two-thirds vote; all other motions require only a majority vote:
Not Debatable:
To Fix the Time of Adjournment )
To Adjourn (when unqualified) ) Cannot
To Table ) be
To Limit Discussion (2/3 vote) ) Amended
To Call the Question (2/3 vote) )
To Suspend the Rules (2/3 vote) )
Debatable:
To Postpone to a Certain Time )
To Commit or Refer to Committee ) Can be
To Amend ) Amended
To Postpone Indefinitely )
The Motion to Reconsider: the motion can be made when any other motion is
before the Commission, but cannot be acted upon until the business then before the
Oversight Board is disposed of; when called up, it takes precedence over all other
motions, except to adjourn, and to fix the time to which to adjourn.
Motions incidental to those before the Oversight Board take precedence over them
and shall be acted upon first.
7.4 Motion to Fix Hour of Ad0ournment:
Such a motion shall be to set a definite time at which to adjourn and may be
amended by unanimous vote.
7.5 Motion to Adjourn:
Such a motion shall be in order at any time, except as follows:
(a) When repeated without intervening business or discussion;
(b) When made as an interruption of another Board Member while speaking;
(c) When discussion has been ended and vote on the motion is pending; or
(d) While a vote is being taken.
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A motion to adjourn "to another time" shall be debatable, but only as to the time to
which the meeting is adjourned.
7.6 Motion to Table:
Such a motion shall be used to temporarily bypass the subject and shall preclude
all amendments or debate of the subject under consideration. If the motion prevails, the
item may be "taken from the table" at any time prior to the end of the next regular
meeting.
7.7 Motion to Limit Discussion:
Such a motion shall be used to limit the time allowed each Board Member to speak
to, or to appoint a time at which discussion shall close on, the question of the main motion
and any previously made amendment to the main motion. If a motion to limit the time
allowed each member to speak passes, no member shall thereafter speak more than two
times to the question or longer than the time allowed at either time and no member shall
speak the second time until every member choosing to speak has spoken.
7.8 Motion to Call the Question:
Such a motion shall be used to close debate on, and further amendment to, the
main motion. If the motion fails, debate shall be reopened; if the motion passes, a vote
shall next be taken on any previously made amendments to the main motion and finally
on the main motion.
7.9 Motion to Suspend the Rules:
Such a motion shall be used to suspend these rules of procedure and shall include
a statement of the purpose of the suspension. If the motion fails, the motion shall not be
renewed for the same purpose at the same meeting, but it may be renewed for the same
purpose at an adjourned meeting of that meeting.
7.10 Motion to Postpone to a Certain Time:
Such a motion shall be amendable and debatable only as to propriety of
postponement and time set.
7.11 Motion to Amend:
Such a motion shall be debatable only as to the amendment. A motion to amend
an amendment shall be in order, but a motion to amend an amendment to an
amendment shall not be in order. An amendment modifying the intention of a motion shall
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Page 13
be in order, but an amendment relating to a different matter shall not be in order. A
substitute motion on the same subject shall be acceptable, and voted on before a vote on
the amendment. Amendments shall be voted first, then the main motion as amended.
7.12 Motion for Reconsideration:
Any Board Member who voted with the majority may move a reconsideration of
any vote at the same meeting or request an agenda item on at the next regular meeting
or request a special meeting called to be held prior to the next regular meeting to consider
reconsideration of any vote. The agenda item shall appear on
Presentation/Action/Discussion as a two-part item, e.g.:
Consider Reconsideration of
Reconsideration of vote on
After a motion for reconsideration has once been acted upon, no other motion for
a reconsideration thereof shall be made without unanimous consent of the Oversight
Board.
8. VOTING
8.1 Restatement of the Motion:
Upon the request of any Board Member, the Presiding Officer shall verbally restate
each motion immediately prior to calling for the vote.
8.2 Voting:
Pursuant to Health and Safety Code Section 34179 (e) a majority vote of the total
membership of the Oversight Board is required for the Oversight Board to take action.
In acting upon every motion, the vote shall be taken by voice, roll call, or any other
method by which the vote of each Board Member present can be clearly ascertained. The
vote on each motion shall then be entered in full upon the record. The order of voting
shall be the maker of the motion, the second and then the remaining Commissioners
alphabetically, with the Chairperson called last. The City Clerk shall call the names of all
members seated when a roll call vote is ordered. Members shall respond 'aye', 'no' or
'abstain', provided that when a vote is collectively taken by voice or when a method of
voting other than by voice or roll call is used, any Board Member not audibly and clearly
responding 'no' or 'abstain' or otherwise registering an objection shall have his/her vote
recorded as 'aye'.
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Following the vote, the Presiding Officer shall verbally announce whether the
motion carried or was defeated. The Presiding Officer may also publicly state the effect of
the vote for the benefit of the audience before proceeding to the next item of business.
Any member may change his/her vote before the next item of business is called.
A roll call vote shall be used for adopting or amending the budget, and otherwise
ordering the payment of money. All other actions may be adopted by roll call vote or
any other voting method by which the vote of each Board Member present can be
clearly ascertained, so as to confirm a recorded majority vote of the total membership of
the Oversight Board.
8.3 Failure to Vote:
Every Board Member should vote unless disqualified for cause. A Board Member
who abstains from voting on an item because of being disqualified shall be considered as
if absent.
8.4 Tie Votes:
When no Board Member abstains from voting, the motion shall be lost on a tie
vote. Any member who abstains and is not considered absent shall be deemed to have
acquiesced to the motion and the motion shall be passed on a tie vote.
If a tie vote results at a time when less than all members of the Oversight Board
are present, the matter shall automatically be continued to the agenda of the next regular
meeting of the Oversight Board, unless otherwise ordered by the Oversight Board.
9. RECORD OF DECISIONS
Routine business and administrative matters fer the -Oversight Board are
aGGOFnplished by "minute erdeF" eF "motion" (thereafter reGerded by minute entry).
TeGhniGally, both. ell-Ove and binding; they justvapf4n4he formality
of respeGtive rnernerialization. The "motio.i -, "minute ordeF" is an Oversight Beard action
whiGh is recerded simply by an itern entry in the rpinutes of the meeting at wh R Gh it was
memorialize it. The City Glerkis empowered by State law te furnish Gertified exGerpts of
la An en
pertains.
Consistent with the requirements of Section 34179€ of the Health and Safety
Code all actions taken by the Oversight Board shall by adopted by resolution. Each
resolution will be recorded by separate document numbered in sequence, and
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preserved in a separate set of books in addition to being referenced in the minutes.
10. COMMUNICATIONS
10.1 Addressed to Oversight Board as a Whole:
The Executive Director or his/her designee is authorized to receive and open all
written communications, including e-mails, addressed to the Oversight Board, as a whole,
and give such communication immediate attention to the end that all administrative
business referred to in said communications, and not necessarily requiring Oversight
Board action, may be disposed of between Oversight Board meetings. The Executive
Director or his/her designee shall cause a copy of such communication to be sent to each
Board Member.
10.2 All Other Written Communications:
Any written communication, including e-mails, received at City Hall addressed to
the Chairperson and/or an individual Board Member shall be opened by the Executive
Director or his/her designee. A copy of such communication shall be provided to each of
the other Board Members, unless such communication is personal and/or confidential
and not related to the business of the Oversight Board/Successor Agency/City.
Any Board Member who receives any written communication, including e-mails, on
any subject related to the business of the Oversight Board/Successor Agency/City,
whether or not received at City Hall, shall cause a copy to be provided to the City Clerk
who shall cause a copy of such communication to be sent to each of the other Board
Members.
All outgoing Oversight Board correspondence will be copied to the Oversight
Board Members. Any Board Member, who generates any written communication related
to the business of the Oversight Board, shall cause a copy to be provided to the City
Clerk for distribution.
10.3 Agenda Item Communications:
Any such communication which relates to an item pending or to be brought before
the Oversight Board and has been received prior to agenda distribution, shall be included
in the agenda packet for the meeting at which such item is to be considered and shall
become part of the public record for that item. If a Board Member generates an agenda
item, a written agenda report shall be prepared for that agenda item including a brief,
written explanation and recommendation to the full Oversight Board. All agenda staff
reports will be provided to the full Oversight Board with the distribution of the agenda.
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Agenda item communications (including e-mails) received from the public after agenda
distribution will be forwarded to the Oversight Board by the City Clerk by e-mail or regular
mail delivery up until the close of the business day prior to the Oversight Board meeting.
The Oversight Board will be informed during the staff presentation at the Oversight
Board meeting of agenda item communications received from the public on the day of the
meeting. Regardless of the source, it will take a majority vote of the Oversight Board to
accept additional agenda material on the day of the Oversight Board meeting at which the
item is to be considered.
All materials distributed by any person during a public meeting related to the
subject matter being discussed or considered will be made available for public inspection
at the meeting if prepared by staff or a member of the Oversight Board, or after the
meeting, if the materials were prepared by some other person in accordance with Section
54957.5(b) of the Brown Act. To avoid a Ralph M. Brown Act violation, Oversight Board
Members should not read or send e-mail or cellular telephone text messages during an
Oversight Board meeting.
Written communication for a Presentation/Action/Discussion agenda item
presented at the meeting for reading will be acknowledged by the Chairperson or staff,
but not read. The acknowledgment shall include a summary of general content and
whether the communication includes opposition or support of an agenda item.
Written communication relative to an agenda item, if presented prior to the close of
the business day prior to the Oversight Board meeting, will be copied for the Oversight
Board and the public agenda binder.
The public shall tender a written request to the Executive Director or his/her
designee and/or the Chairperson regarding the placement on the agenda of any items.
The Executive Director or his/her designee will then determine the appropriateness of the
requested item being placed on a future agenda.
An Oversight Board Member(s) may be requested to meet with proponents and
opponents to a Presentation/Action/Discussion item on the agenda. While meeting with
these representatives is at the discretion of the individual Board Member, disclosure of
the meeting(s) and the effects upon the Board Member's review of the agenda item is
required at the beginning of any Oversight Board discussion of that
Presentation/Action/Discussion agenda item. The Board member shall disclose the
nature of the contact and what effect, if any, it had on he/she in the review of the agenda
item.
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10.4 Research:
Any research requested by an individual Oversight Board Member that results in a
written response from staff will be copied to all Board Members. This is not meant to
include copies of documents already on file and previously distributed to the Oversight
Board Members.
11. COMMITTEES
Committees may be appointed by the Chairperson, as needed, with the approval
of the majority of the members of the Oversight Board.
12. BOARD MEETINGS
12.1 Meeting Time and Schedule:
The regular meetings of the Oversight Board shall begin at the hour of 3:30 p.m.
on the third Tuesday of each month or as determined by the Oversight Board at its first
regular meeting in July of each year beginning in 2013, such determination to include the
dates, time and place of such meetings as set forth by minute action. Should the need
arise during the year, the Oversight Board may, by a majority vote, revise the regular
meeting schedule, including dates, time and place of such meetings.
13. MINUTES:
13.1 Action Minutes:
The City Clerk shall be responsible for preparing action minutes to record all the
actions of the Oversight Board (motions, votes, and consensus decisions) at regular
and special meetings, and shall schedule the completed minutes on the Consent
Calendar consistent with Section 2.11 of these Rules of Procedure. Oversight Board
meeting action minutes shall include documentation for each agenda item, including but
not limited to the following:
Date, hour, and place of meeting;
Identification of regular, adjourned regular or special meeting (and special
meeting notice language);
Names of Oversight Board Members and staff in attendance;
Oversight Board announcements and requested future agenda items.
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Agenda titles, staff recommendations and record of action taken (motions, votes,
and consensus decisions);
Name(s) of staff providing the verbal staff report and documentation of verbal
and written corrections to the agenda report;
Public speaker names and identification of support or opposition;
Written statement card documentation, consistent with Section 2.10 of these
Rules of Procedure;
Adjournment time; and
Chairperson and City Clerk signatures.
SECTION 2. The City Clerk shall certify to the adoption of this resolution and
shall cause a certified resolution to be filed in the book of original resolutions.
PASSED AND ADOPTED this 18th of September 2012.
Bruce Hamous, Chairperson
ATTEST:
Maureen Benson, City Clerk
34
OVERSIGHT BOARD TO SUCCESSOR AGENCY
OF THE REDEVELOPMENT AGENCY ITEM 7=
OF THE CITY OF MOORPARK MEETING
of
ACTION:
Di
BY: ,o
OVERSIGHT BOARD TO SUCCESSOR AGENCY OF THE
REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK
AGENDA REPORT
TO: Oversight Board to Successor Agency
FROM: David C. Moe II, Redevelopment Manager
DATE: September 11, 2012 (Oversight Board Meeting of September 18,
2012)
SUBJECT: Consider Resolution Authorizing a Lease Agreement between the
Successor Agency to the Redevelopment Agency of the City of
Moorpark and Tom Lindstrom RV Sales, Inc.
BACKGROUND
On April 17, 2012, the Oversight Board approved a lease between the Successor
Agency of the Redevelopment Agency of the City of Moorpark ("Successor Agency")
and Tom Lindstrom RV Sales, Inc. for the property located at 500 Los Angeles Avenue
("Property"). The lease agreement term was for three months with an option to extend
for an additional three months. The monthly rent is $2,000 per month beginning in April
1, 2012, and expiring on June 30, 2012, or September 30, 2012, with the option to
extend.
On June 28, 2012, Mr. Lindstrom exercised his 90 day option to extend the lease
agreement. All terms and conditions of the lease agreement remain in full force during
the extension.
Mr. Lindstrom has approached the Successor Agency again about a short term lease
agreement of the Property to conduct recreational vehicle sales until it is ready to be
developed or sold as required AB 1484. Mr. Lindstrom is also requesting a first right of
refusal to purchase the Property when it comes available. Staff has met with Mr.
Lindstrom and is recommending entering into an another lease agreement with Tom
Lindstrom RV Sales, Inc. for the continued use the Property for RV Sales only; no
servicing, storage, or sale of commercial vehicles is allowed, and declining his request
for a first right of refusal to purchase the Property when it comes available under AB
1484.
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Oversight Board
September 18, 2012
Page 2
The proposed lease agreement would have similar deal points to the current
agreement. The term is for three months with an option to extend for an additional three
months. The monthly rent is $2,000 per month beginning in October 1, 2012.
Mr. Lindstrom will continue to be responsible for all utilities and trash service to the
property. If Mr. Lindstrom wishes to continue to occupy the Property after the term and
extension of the lease agreement, a new lease agreement will need to be negotiated
and approved by the Successor Agency and Oversight Board.
Mr. Lindstrom has applied for a Temporary Use Permit ("TUP") from the City of
Moorpark to occupy the Property for his intended use. The period of time for the TUP is
three months with one, three month extension. The term of the lease agreement
mirrors the period of time under the TUP allowing Mr. Lindstrom to occupy the Property.
The Successor Agency is scheduled to consider this request on their meeting of
September 19, 2012. The staff recommendation is to approve the lease agreement.
FISCAL IMPACT
The lease agreement is not anticipated to produce a net cost to the Successor Agency.
It is projected that the Successor Agency will receive $6,000 in rent revenue during the
term of the lease and an additional $6,000 if the three month extension is exercised.
STAFF RECOMMENDATION
Adopt Resolution No. OB-2012 - authorizing a Lease Agreement between the
Successor Agency to the Redevelopment Agency of the City of Moorpark and Tom
Lindstrom RV Sales Inc, subject to City Manager and City Attorney final language
approval.
ATTACHMENT I: Lease Agreement
ATTACHMENT II: Draft Resolution No. OB-2012 -
36
ATTACHMENT I
LEASE AGREEMENT
THIS LEASE AGREEMENT (hereinafter "Lease") is made and entered into as of this
day of , 2012, by and between the Successor Agency to the
Redevelopment Agency of the City of Moorpark, a municipal corporation, the Lessor
(hereinafter the "Successor Agency"), and Tom Lindstrom RV Sales, Inc., a California
corporation, (hereinafter the "Tenant).
THE PARTIES AGREE THAT:
SECTION 1. PROPERTY LEASED
Successor Agency, in consideration of the rents herein agreed to be paid and of
the indemnifications, covenants, and agreements agreed to herein, hereby
leases to Tenant, and Tenant hereby leases from the Successor Agency, that
certain real property known as 500 Los Angeles Avenue, Moorpark, California,
(hereinafter referred to as the "Premises"). The Premises is a vacant lot
consisting of approximately two (2) acres.
SECTION 2. TERM
The term of this Lease shall commence on the 1st day of October 2012, and all
terms and conditions of the Lease shall continue for ninety (90) days.
Successor Agency's obligations hereunder shall be contingent upon Tenant's
payment in full of any obligations described in Section 5 below, and Tenant's
complying with all other provisions set forth herein.
SECTION 3. OPTION TO EXTEND
Tenant has an option to extend the term of this Lease for an additional ninety
(90) days.
SECTION 4. HOLDING OVER
It is further agreed that if Tenant shall retain possession of the Premises beyond
the original term of this Lease or any extension thereof, without the express
written consent of the Successor Agency, Tenant shall continue to be Tenant
from month-to-month during such hold-over period.
Tenant shall be subject to all of the terms, covenants and conditions of this
Lease, including the obligation to pay rent during any such hold-over period, at
the rate specified in Section 5 plus ten percent (10%), hereof, or as may be
adjusted pursuant to the Lease.
37
SECTION 5. RENT
Beginning on October 1, 2012, and continuing to December 31, 2012, Tenant
shall pay Successor Agency, without abatement, deduction or offset, rent in the
amount of two thousand dollars ($2,000.00) per month payable in advance on or
before the first day of each month.
Tenant shall be liable for Monthly Rent. A late rent charge equal to ten percent
(10%) of the Monthly Rent shall be added to any payment of rent received five
(5) days or more after the due date for rent payment stated herein or when a
deficient check has been given for rent payment. The late rent charge shall
continue at ten percent (10%) for each month thereafter that the late payment
has not been paid.
Successor Agency will retain the two thousand dollars ($2,000.00), security
deposit submitted under the existing lease agreement dated March 29, 2012.
This security deposit shall not be considered as payment for rent for any month,
including the last month of tenancy.
SECTION 6. INDEMNIFICATION AND HOLD HARMLESS
Tenant shall indemnify, defend with legal counsel approved by Successor
Agency and hold harmless Successor Agency and its officers, employees,
servants and agents from and against any and all claims, actions, liabilities,
losses, damages, costs, attorneys' fees, and other expense of any nature for loss
or damage to property, or injury to or death of persons, arising in any manner
whatsoever, directly or indirectly, by reason of this Lease or the use or
occupancy of the Premises by Tenant, vendors, invitees, whether any such claim
be made during tenancy or thereafter, except such loss, damage, injury or death
caused by the sole negligence of Successor Agency or any of its officers,
employees, servants, or agents.
SECTION 7. NOTICE OF NON-ELIGIBILITY FOR RELOCATION BENEFITS
Please read this notification carefully prior to signing this agreement and moving
into the property. The Redevelopment Agency of the Successor Agency of
Moorpark ("Agency") acquired the property located at 500 Los Angeles Avenue
for redevelopment purposes and subsequently transferred it to the Successor
Agency per ABx1 26. As a post-acquisition tenant, you will not be eligible for
relocation benefits under the federal and state law. This notice is to inform you of
the following information before you enter into any lease agreement and
occupy a unit at the above address:
1. You may be displaced at the end of lease term.
2. You may be subject to a rent increase upon lease renewal or option to
extend the lease term.
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38
3. You will not be entitled to any relocation benefits.
If you have to move or your rent is increased, you will not be reimbursed for any
such rent increase or for any costs or expenses incurred by you in connection
with a move. Should state law change, Tenant agrees to waive any and all
claims for relocation benefits.
SECTION 8. USE
Tenant shall use the Premises for recreational vehicle sales only; no servicing,
dumping, storage, or sales of commercial vehicles shall be allowed. Tenant may
take cars, light trucks, and other recreational vehicles for trade in purposes and
may sell these items on the Premises. However, at no time may the inventory of
vehicles for sale on the Premises exceed ten percent (10%) cars and light trucks.
The Premises shall not be used for any other purpose, except with the prior
written consent of the Successor Agency, which Tenant agrees may be withheld
by the Successor Agency at their sole and absolute discretion.
SECTION 9. UTILITIES
Tenant agrees to pay all monthly service charges for electric current, gas, sewer
and trash removal, and any other utilities which may be furnished to or used
upon the Premises by Tenant during this Lease. It is further agreed that in the
event Tenant shall fail to pay the above mentioned charges when due,
Successor Agency shall have the right to pay the same on demand, together with
any interest thereon and any other fees that may be owed. The Successor
Agency shall be reimbursed by Tenant within five (5) days of notice from
Successor Agency for the amount of payment plus any interest or fees, with an
additional fifteen percent (15%) administrative fee. Failure to pay monthly service
charges for any above-mentioned utility in a timely fashion shall be cause for
termination of this Lease.
SECTION 10. TAXES, ASSESSMENTS, AND LIENS
Tenant shall pay directly to the tax collector, when due, all taxes and
assessments which may be levied against Tenant's possessory interest in the
Premises and upon all improvements and personal property which are located on
the Premises. Within five (5) days after the date when any tax or assessment
would become delinquent, Tenant shall serve upon Successor Agency receipts
or other appropriate evidence establishing the payment.
Tenant shall keep the Premises and improvements free from all liens and
encumbrances by reason of the use or occupancy of the Premises by Tenant. If
any liens or encumbrances are filed thereon, Tenant shall remove the same at
their own cost and expense and shall pay any judgment and penalties which may
be entered thereon. Should Tenant fail, neglect, or refuse to do so, Successor
- 3 -
39
Agency shall have the rights to pay any amount required to release any lien or
encumbrance or to defend any action brought thereon, and to pay any judgment
or penalty, and Tenant shall be liable to Successor Agency for all costs,
damages, and attorneys' fees, and any amounts expended in defending any
proceedings, or in the payment of any lien, encumbrance, judgment, or penalty.
Successor Agency may post and maintain upon the Premises notices of non-
responsibility as provided by laws. Upon demand by Successor Agency, Tenant
shall post the bond contemplated by Civil Code Section 3143.
SECTION 11. INSTALLATION BY TENANT
Tenant shall not make any alterations, additions, or improvements upon the
Premises without the prior written consent of the Successor Agency. Any
alterations, or additions or improvements installed or caused to be installed to the
site, or any fencing, exterior lighting, or any other improvements on the Premises
(collectively "Installations") shall be solely at Tenant's cost and is not
reimbursable by the Successor Agency at any time, including at the time of
termination of the Lease by either the Tenant or Successor Agency. All
alterations, additions and improvements shall be temporary in nature and done in
a good and workmanlike manner and diligently prosecuted to completion, and
shall be performed and maintained in strict accord with all federal, state, county,
and local laws, ordinances, codes, standards, and requirements relating thereto.
Unless otherwise expressly agreed to by the Successor Agency, any alterations,
additions and improvements shall remain on and be surrendered with the
Premises upon the expiration or termination of this Lease. Tenant agrees to and
shall indemnify, defend, and save Successor Agency free and harmless against
all liability, loss, damage, costs, attorneys' fees, and other expenses of any
nature resulting from any Tenant alterations, additions, or improvements to the
Premises.
SECTION 12. REMEDIES
In case of the failure or refusal of Tenant to comply with and perform each and all
of the terms and covenants on their part herein contained, this Lease and all
rights hereby given shall, at the option of the Successor Agency, cease and
terminate, and the Successor Agency shall have the right forthwith to remove
Tenant's personal property from the Premises at the sole cost, expense and risk
of Tenant, which cost and expense Tenant agrees to pay to Successor Agency
upon demand, together with interest thereon at the maximum rate allowed by law
from the date of expenditure by Successor Agency. Such action shall be
preceded by 30 day written notice.
SECTION 13. MAINTENANCE
Tenant has examined the Premises and accepts it in its existing condition.
Throughout the term of this Lease Tenant shall, at Tenant's sole cost and
- 4 -
40
expense, maintain the Premises and all improvements thereon in good order,
condition, and repair and in accordance with all applicable statutes, ordinances,
rules, and regulations. Tenant shall immediately report any problems with the
Premises to David C. Moe II, Property Manager, at (805) 517-6217. Successor
Agency shall not be obligated to repair or maintain the Premises or
improvements in any manner throughout the term of the Lease.
Successor Agency may elect to perform any obligation of Tenant pursuant to this
Section due to Tenant's failure or refusal to do so and at Tenant's waiver of any
rights or remedy for Tenant's default. Tenant shall reimburse Successor Agency
for the cost and expense they incurred in the performance of Tenant's obligation
within fifteen (15) days of Successor Agency's request for payment, plus any
interest or fees, with an additional fifteen percent (15%) administrative fee.
Should Successor Agency perform any of the foregoing, such services shall be at
the sole discretion of Successor Agency, and the performance of such services
shall not be construed as an obligation or warranty by Successor Agency of the
future or ongoing performance of such services. Failure to maintain Premises as
outlined herein shall be considered grounds for termination of this Lease.
Tenant shall also indemnify, defend with legal counsel approved by Successor
Agency and hold harmless Successor Agency and its officers, employees,
servants and agents from and against all claims, actions, liabilities, losses,
damages, costs, attorneys' fees, and other expenses of any nature for loss or
damage to property, or injury to or death of persons, arising in any manner
whatsoever, directly or indirectly, from Tenant's performance pursuant to this
Section. The indemnification, legal defense and hold harmless provisions of this
Lease shall survive the termination of the tenancy.
SECTION 14. PESTICIDES AND HERBICIDES
Tenant shall use pesticides and herbicides on the Premises only in strict
accordance with all applicable statutes, ordinances, rules and regulations. Such
pesticides and herbicides shall be limited to those that are permitted for
residential housing units.
SECTION 15. HAZARDOUS MATERIALS INDEMNITY
As used in this Section, Hazardous Materials means any substance, product,
waste, or other material of any nature whatsoever which is or becomes listed,
regulated or addressed pursuant to: (1) the Comprehensive Environmental
Response, Compensation and Liability Act of 1980, 42 U.S.C. Section 9601, et
seq. ("CERCLA"); the Hazardous Materials Transportation Act, 49 U.S.C.,
Section 1801, et seq.; the Resource Conservation and Recovery Act, 42 U.S.C.,
Section 6901, et seq.; the Substances Control Act, 15 U.S.C., Section 2601, et
seq.; the Clean Water Act, 33 U.S.C. Section 1251, et seq.; the California
Hazardous Waste Control Act, Health and Safety Code Section 25100, et seq.;
- 5 -
41
the California Hazardous Substance Account Act, Health and Safety Code
Section 25330, et seq.; the California Safe Drinking Water and Toxic
Enforcement Act, Health and Safety Code Section 25249.5 et seq.; California
Health and Safety Code Section 25280, et seq. (Underground Storage of
Hazardous Substances); the California Hazardous Waste Management Act,
Health and Safety Code Section 25170.1, et seq.; California Health and Safety
Code Section 25501, et seq.; (Hazardous Materials Response Plans and
Inventory), or the Porter-Cologne Water Quality Control Act, Water Code Section
13000, et seq. all as amended, (2) any other federal or state law or any local law
regulating, relating to, or imposing liability or standards of conduct concerning
any hazardous, toxic or dangerous waste, substance or material, as now is, or at
any time hereafter may be, in effect, and (3) any rule or regulation adopted or
promulgated under or pursuant to any of said laws.
If Tenant receives any notice, whether oral or written, of any inquiry, test,
investigation, enforcement proceeding, environmental audit, or the like regarding
any Hazardous Material on the Premises, Tenant shall immediately serve
Successor Agency with a copy of such notice.
In no case shall Tenant cause or allow the deposit or disposal of any such
substance on the Premises. However, household products necessary for routine
cleaning and maintenance of the Premises may be kept on the Premises in
quantities reasonable for current needs.
The provisions of this Section shall survive the termination of the tenancy and
shall relate back to all periods of Tenant's possession of the Premises. The
provisions of this Section are intended to operate as an agreement pursuant to
Section 107(e) of CERCLA, 42 U.S.C. Section 9707(e), and California Health
and Safety Code Section 25364, to insure, protect, hold harmless, and indemnify
Successor Agency from any liability pursuant to such law.
SECTION 16. NO WARRANTIES BY SUCCESSOR AGENCY
Except as contained in Section 11, the Premises are accepted by Tenant in an
"as is" condition and without any representation or warranty by Successor
Agency as to the condition of the Premises or as to fitness of the Premises for
Tenant's use.
SECTION 17. CASUALTY INSURANCE
Successor Agency shall not be obligated to keep the Premises and the
improvements thereon insured against any insurable risk; nor shall Successor
Agency insure Tenant for any personal injury or property damage. Tenant hereby
and forever waives all right to claim or recover damages from Successor Agency
in any amount as the result of any damage to the Premises or any improvement
thereon or as a result of any injury to any person upon the Premises.
- 6 - 42
SECTION 18. INSURANCE
Tenant shall maintain prior to the beginning of and for the duration of this
Agreement insurance coverage as specified in Exhibit A attached to and part of
this Agreement. The policy shall name Tenant as the insured and the
Successor Agency to the Redevelopment Agency of the City of Moorpark as
additional insured.
SECTION 19. GOVERNING LAW
Tenant agrees that in the exercise of their rights under this Lease, Tenant shall
comply with all applicable federal, state, county and local laws and regulations in
connection with its use of the Premises. The existence, validity, construction,
operation and effect of this Lease and all of its terms and provisions shall be
determined in accordance with the laws of the state of California.
SECTION 20. ENTRY BY SUCCESSOR AGENCY
During the tenancy, Successor Agency may enter the Premises upon not less
than twenty-four (24) hours advance notice and Tenant shall make the Premises
available during normal business hours to the Successor Agency's authorized
agent or representative for the purpose of; (1) to show the premises to
prospective or actual purchasers, mortgagee, tenants, workmen, or contractors,
(2) to make necessary or agreed repairs, decorations, alterations, or
improvements, and (3) at all reasonable times to examine the condition thereof,
including its environmental condition. In an emergency, Successor Agency's
agent or authorized representative may enter the premises at any time without
securing prior permission from Tenant.
SECTION 21. ASSIGNMENT AND SUBLETTING
No portion of the Premises or of Tenant's interest in this Lease shall be
transferred by way of sublease, assignment or other voluntary or involuntary
transfer or encumbrance, without the prior written consent of the Successor
Agency. Such consent shall be at Successor Agency's sole discretion
Any transfer without consent shall be void, and shall, at the option of the
Successor Agency, terminate this Lease.
SECTION 22. DEFAULT OR BREACH
Except as otherwise provided, at any time one party to this Lease is in default or
breach in the performance of any of the terms and conditions of this Lease, the
other party shall give written notice to remedy such default or breach. If the
default or breach is remedied within thirty (30) days following such notice, then
- 7 - 43
this Lease shall continue in full force and effect. If such default or breach is not
remedied within thirty (30) days following such notice or if the nature of the
default is such that it cannot reasonably be cured within thirty (30) days, if Tenant
fail to commence to cure within the thirty (30) day period, the other party may, at
its option, terminate this Lease. Such termination shall not be considered a
waiver of damages or other remedies available to either party because of such
default or breach. Each term and condition of this Lease shall be deemed to be
both a covenant and a condition.
SECTION 23. INSOLVENCY OR BANKRUPTCY
If Tenant shall be adjudged bankrupt or insolvent, this Lease shall thereupon
immediately terminate and the same shall not be assignable by any process of
law, or be treated as an asset of the Tenant under such adjudication, nor shall it
pass under the control of any trustee or assignee by virtue of any process in
bankruptcy or insolvency, or by execution or assignment for the benefit of
creditors. If any such event occurs, this Lease shall immediately become null and
void and of no effect, and Successor Agency may thereupon repossess said
Premises and all rights of the Tenant thereupon shall cease and terminate.
SECTION 24. DISPOSSESSION
In the event Tenant is lawfully deprived of the possession of the Premises or any
part thereof, at any time during the tenancy, by anyone other than Successor
Agency, they shall notify Successor Agency in writing, setting forth in full the
circumstances in relation thereto. Upon receipt of said notice, Successor Agency
may, at its option, either install Tenant in possession of the Premises or
terminate the tenancy and refund to Tenant the pro rata amount of any pre-paid
rent. No claim for damages or whatsoever kind or character incurred by Tenant
by reason of such dispossession shall be chargeable against Successor Agency.
SECTION 25. CONDEMNATION
If the whole of the Premises should be taken by a public authority under the
power of eminent domain, then the term of this Lease shall cease on the day of
possession by the public authority. If only a part of the Premises should be taken
under eminent domain, Tenant shall have the right to either terminate this Lease
or to continue in possession of the remainder of the Premises. If Tenant remain
in possession, all of the terms hereof shall continue in effect, the rental payable
being reduced proportionately for the balance of the Lease term. If a taking under
the power of eminent domain occurs, those payments attributable to the
leasehold interest of the Tenant shall belong to the Tenant, and those payments
attributable to the reversionary interest of the Successor Agency shall belong to
the Successor Agency.
$ 44
SECTION 26. WAIVER
A waiver by either party of any default or breach by the other party of any
provision of this Lease shall not constitute or be deemed to be a waiver of any
subsequent or other default or breach. No waiver shall be binding, unless
executed in writing by the party making the waiver. No waiver, benefit, privilege,
or service voluntarily given or performed by either party shall give the other party
any contractual right by custom, estoppel, or otherwise. The subsequent
acceptance of rent pursuant to the Lease shall not constitute a waiver of any
preceding default or breach by Tenant other than default in the payment of the
particular rental payment so accepted, regardless of Successor Agency's
knowledge of the preceding default or breach at the time of accepting the rent;
nor shall acceptance of rent or any other payment after termination of the
tenancy constitute a reinstatement, extension, or renewal of the Lease or
revocation of any notice or other act by Successor Agency.
SECTION 27. ACQUIESCENCE
No acquiescence, failure, or neglect of any party hereto to insist on strict
performance of any or all of the terms hereof in one instance shall be considered
or constitute a waiver of the rights to insist upon strict performance of the terms
hereof in any subsequent instance.
SECTION 28. PARTIES BOUND AND BENEFITTED
The covenants and conditions herein contained shall apply to and bind the heirs,
successors, executors, administrators, and assigns of all the parties hereto; and
all of the parties hereto shall be jointly and severally liable hereunder.
SECTION 29. CONDITION UPON TERMINATION
Upon termination of the tenancy, Tenant shall surrender the Premises to
Successor Agency including all improvements, clean and in good condition,
except for ordinary wear and tear which Tenant was otherwise obligated to
remedy under Section 12 above. Any installation which Tenant installs during
occupancy with in accordance with Section 11 of this Lease, and has not
removed at the termination of the Lease, shall become the possession of the
Successor Agency. Tenant shall repair at Tenant's expense, any damage to the
Premises caused by the removal of any improvement made by Tenant from such
installation. Any installations, improvements, or additions to the Premises prior to
the execution of this Lease shall be deemed as part of the Premises and shall be
the possession of the Successor Agency.
9 45
SECTION 30. TENANT'S FAILURE TO REMOVE PERSONAL PROPERTY
Upon termination of the tenancy, Successor Agency may reenter and retake
possession of the Premises and store Tenant's personal property for a period of
thirty (30) days at Tenant's cost and expense. If Tenant fails to pick up said
personal property and pay said cost and expenses during said thirty (30) day
period, Successor Agency may dispose of any or all of such personal property in
any manner that Successor Agency, in its sole and absolute discretion, deems
appropriate.
If any of Tenant's personal property remains on the Premises after the
termination of the tenancy, Successor Agency may use, dispose of, or sell any of
said property, in its sole and absolute discretion, without compensating Tenant
for the same and without the Successor Agency having any liability whatsoever
therefore.
SECTION 31. NO RECORDATION
Neither this Lease Agreement nor a memorandum thereof shall be recorded by
Tenant.
SECTION 32. ATTORNEYS' FEES
In the event any action, suit or proceeding is brought for the enforcement of, or
the declaration of, any right or obligation pursuant to, this Lease or as a result of
any alleged breach of any provision of this Lease, or for an unlawful detainer
action, the prevailing party shall be entitled to recover its costs and expenses,
including attorneys' fees, from the losing party, and any judgment or decree
rendered in such a proceeding shall include an award thereof.
SECTION 33. NOTICES AND PAYMENTS
All notices required under this Lease, including notices of change of address,
shall be in writing, and all notices and payments shall be addressed as follows:
Owner: Steven Kueny
Successor Agency to the Redevelopment Agency of the City of
Moorpark
799 Moorpark Avenue
Moorpark, California 93021
Tenant: Tom Lindstrom
Tom Lindstrom RV Sales, Inc.
500 Los Angeles Avenue
Moorpark, California 93021
- 10 -
46
Either party may, from time to time, by written notice to the other, designate a
different address which shall be substituted for the one specified above. Except
as otherwise provided by statute, notice shall be deemed served and received
upon receipt by personal delivery or upon the second (2nd) day after deposit in
the United States mail, certified or registered, return receipt requested, with
postage prepaid.
SECTION 34. PARTIAL INVALIDITY
If any provision of this Lease is found by a court of competent jurisdiction to be
invalid, void or unenforceable, the remainder of this Lease shall nonetheless
remain in full force and effect to the full extent allowed by law.
SECTION 35. GENDER AND NUMBER
For the purpose of this Lease wherever the masculine or neuter form is used, the
same shall include the masculine or feminine, and the singular number shall
include the plural and the plural number shall include the singular, wherever the
context so requires.
SECTION 36. SECTION HEADINGS
Section headings in this Lease are for convenience only, and they are not
intended to be used in interpreting or construing the terms, covenants and
conditions of this Lease.
SECTION 37. INTEGRATION AND MODIFICATION
This Lease constitutes the entire agreement of the parties concerning the subject
matter hereof and all prior agreements and understandings, oral or written, are
hereby merged herein. This Lease may not be modified or amended except; (1)
in a writing signed by all of the parties hereto; or (2) upon expiration of thirty (30)
days service in accordance with Civil Code Section 1946, or any successor
statute in effect on the date the written notice is served, by Successor Agency on
Tenant of a written notice setting forth the modification or amendment.
The parties agree that no estoppel argument can be raised during legal
proceedings in order to avoid the provisions of this Section.
SECTION 38. INTERPRETATION
Should interpretation of this Lease, or any portion thereof, be necessary, it is
deemed that the Lease was prepared by the parties jointly and equally, and the
Lease shall not be interpreted against either party on the ground that the party
prepared it or caused it to be prepared.
- 11 - 47
SECTION 39. VENUE
This Lease is made, entered into, and executed in Ventura County, California,
and any action filed in any court for the interpretation, enforcement or other
action arising from any term, covenant or condition herein shall be filed in the
applicable court in Ventura County, California.
SECTION 40. TERMINATION
This Lease shall automatically terminate on December 31, 2012, unless
extended in accordance with Section 3 of this Lease. Should tenants business
not thrive as anticipated, Tenant shall have the right to terminate this Lease
within the original term and option period with a thirty (30) day notice.
SECTION 41. REDEVELOPMENT DISSOLUTION LEGISLATION
The parties acknowledge the recent enactment of ABx1 26 and AB 1484, which
provides for the dissolution of California redevelopment agencies. The parties
understand that ABx1 26 and AB 1484 purports to invalidate certain activities of
redevelopment agencies extending back to January 1, 2011, including the
transfer of assets to other public agencies. The parties further acknowledge that
the Premises were transferred from the Redevelopment Agency of the City of
Moorpark (Agency) to Successor Agency. Tenant hereby waives and releases
Successor Agency from any and all claims arising from the enactment of
ABx1 26 and any effect it may have on the validity of this Lease and holds
Successor Agency harmless from any claims of successors, assigns,
contractors, suppliers, or other agents of Tenant arising out from the enactment
of ABx1 26 and AB 1484.
- 12 - 48
IN WITNESS WHEREOF, the parties have caused this Lease to be executed by their
duly authorized representatives as of the date first written above.
SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY OF
THE CITY OF MOORPARK
TOM LINDSTROM RV SALES, INC.
By: By:
Steven Kueny Tom Lindstrom
City Manager
ATTEST:
By:
Maureen Benson, Successor Agency Clerk
- 13 -
49
Attachment II
RESOLUTION NO. OB-2012-
A RESOLUTION OF THE OVERSIGHT BOARD TO THE
SUCCESSOR AGENCY OF THE REDEVELOPMENT
AGENCY OF THE CITY OF MOORPARK, CALIFORNIA,
FOR THE REGULAR MEETING OF SEPTEMBER 18, 2012,
APPROVING A LEASE AGREEMENT BETWEEN THE
SUCCESSOR AGENCY OF THE REDEVELOPMENT
AGENCY OF THE CITY OF MOORPARK AND TOM
LINDSTROM RV SALES, INC.
WHEREAS, Section 34179 (e) of the Health and Safety Code requires all actions
taken by the Oversight Board of the Successor Agency of the City of Moorpark be
adopted by resolution; and
WHEREAS, at the regular meeting of September 18, 2012, the Lease Agreement
between the Successor Agency of the City of Moorpark and Tom Lindstrom RV Sales,
Inc. was submitted to the Oversight Board for approval (Agenda Item 7.D.).
NOW, THEREFORE, THE OVERSIGHT BOARD TO THE SUCCESSOR
AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Approve Lease Agreement between the Successor Agency of
the City of Moorpark and Tom Lindstrom RV Sales, Inc.
SECTION 2. The City Clerk shall certify to the adoption of this resolution and
shall cause a certified resolution to be filed in the book of original resolutions.
PASSED AND ADOPTED this day of , 2012.
Bruce Hamous, Chairperson
ATTEST:
Maureen Benson, City Clerk
50
OVERSIGHT BOARD TO SUCCESSOR AGENCY
OF THE REDEVELOPMENT AGENCY
OF THE CITY OF MOORPARK MEETING ITEM 7.E.
of 9-/8 a 01A
ACTION:
BY:
OVERSIGHT BOARD TO SUCCESSOR AGENCY OF THE
REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK
AGENDA REPORT
TO: Oversight Board to Successor Agency
�S
FROM: David C. Moe II, Redevelopment Manager `
DATE: September 11, 2012 (Oversight Board Meeting of September 18,
2012)
SUBJECT: Consider Resolution Approving Request from the Rotary Club of
Moorpark Morning to Use Property Adjacent to High Street and
Waive Rental Fees for a Beer and Food Tasting Event Scheduled for
October 6, 2012, from 5:00 p.m. to 10:30 p.m. on High Street
SUMMARY
The Successor Agency of the Redevelopment Agency of the City of Moorpark
("Successor Agency") is being asked to approve use of certain Successor Agency
owned property south of High Street, and to waive rental fees for use of the property.
BACKGROUND & DISCUSSION
The Rotary Club of Moorpark Morning has held its annual Beer and Food tasting event
the last two years in downtown Moorpark. The 2012 event is planned for Saturday,
October 6, 2012. Set up will begin immediately following the Country Days Parade and
Street Fair. Gates will open for the VIP ticket holders at 5:00 p.m. and general
admission will begin at 6:00 p.m. The event will conclude at 10:30 p.m. and it is
estimated that tear down will last until 12:00 -12:30 a.m.
In past years, the event has been located at 192 High Street. This year it is planned to
be held in the High Street right of way generally from Walnut Street to Bard Street. In
order to support this event with parking and staging, the Rotary Club of Moorpark
Morning is requesting use of Successor Agency property south of High Street and to
waive rental fees for use of the property.
In the past, the former Redevelopment Agency of the City of Moorpark has traditionally
granted the Rotary Club of Moorpark Morning request to waive rental fees for their
51
Oversight Board
September 18, 2012
Page 2
annual Beer and Food tasting event since the Rotary Club of Moorpark Morning
donates the proceeds to local charities, and Moorpark businesses benefit from
increased visibility.
Last year the event experienced a significant increase in the number of people that
attended the event over the previous year. Staff has worked with the Rotary Club of
Moorpark Morning to continue fostering this event and ensure public safety.
Staff recommends the same fee reductions the former Redevelopment Agency of the
City of Moorpark approved in previous years, which has been to waive fees for use of
the property on the south side of High Street, described as two dirt parking lots and the
area in front of the old granary building.
FISCAL IMPACT
None.
STAFF RECOMMENDATION
1. Adopt Resolution No. OB-2012- waiving fee for use of Successor Agency
property; and
2. Require the Rotary Club of Moorpark Morning to provide the Successor Agency
with an indemnification agreement, and naming the Successor Agency and
Oversight Board as additional insured in the insurance policy.
ATTACHMENT I: Draft Resolution
52
Attachment I
RESOLUTION NO. OB-2012-
A RESOLUTION OF THE OVERSIGHT BOARD TO THE
SUCCESSOR AGENCY OF THE REDEVELOPMENT
AGENCY OF THE CITY OF MOORPARK, CALIFORNIA,
FOR THE REGULAR MEETING OF SEPTEMBER 18, 2012,
APPROVING A REQUEST FROM THE ROTARY CLUB OF
MOORPARK MORNING TO USE PROPERTY ADJACENT
TO HIGH STREET AND TO WAIVE THE RENTAL FEES
WHEREAS, Section 34179 (e) of the Health and Safety Code requires all actions
taken by the Oversight Board of the Successor Agency of the City of Moorpark be
adopted by resolution; and
WHEREAS, at the regular meeting of September 18, 2012, a request from the
Rotary Club of Moorpark Morning was submitted to the Oversight Board for approval
(Agenda Item 7.E.) for use of Successor Agency property and waiver of rental fees.
NOW, THEREFORE, THE OVERSIGHT BOARD TO THE SUCCESSOR
AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Approve the Rotary Club of Moorpark Morning's request to use
of Successor Agency property and wave rental fees.
SECTION 2. The City Clerk shall certify to the adoption of this resolution and
shall cause a certified resolution to be filed in the book of original resolutions.
PASSED AND ADOPTED this day of , 2012.
Bruce Hamous, Chairperson
ATTEST:
Maureen Benson, City Clerk
53
OVERSIGHT BOARD TO SUCCESSOR AGENCY
OF THE REDEVELOPMENT AGENCY rEM 7.F.
OF THE CITY OF MOORPARK MEETING
of 9 i b=-a oia
ACTION: y_
BY:
OVERSIGHT BOARD TO SUCCESSOR AGENCY OF THE
REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK
AGENDA REPORT
TO: Oversight Board to Successor Agency
FROM: David C. Moe II, Redevelopment Manageru^
DATE: September 11, 2012 (Oversight Board Meeting of September 18,
2012)
SUBJECT: Consider Resolution Approving a Request from Moorpark Chamber
of Commerce to Use Adjacent Property on High Street to Support the
Country Days Parade and Street Fair on October 6, 2012, and
Request for Waiving Rental Fees
SUMMARY
The Successor Agency of the Redevelopment Agency of the City of Moorpark
("Successor Agency") is being asked to approve use of certain Successor Agency
property adjacent to High Street, and to waive rental fees for use of the property.
BACKGROUND& DISCUSSION
The annual Country Days Parade and Street Fair has been held in Moorpark for over 30
years. The 2012 event is planned for Saturday, October 6, from 9 a.m. to 4 p.m. on
High Street. In 2011, the Parade and Street Fair attracted an estimated 8,000
spectators.
The Redevelopment Agency of the City of Moorpark has traditionally granted the
request to waive fees for the parade and street fair since it promotes the City and
Moorpark businesses benefit from increased visibility.
Staff recommends the same fee reductions the City approved in previous years, which
has been to waive fees for use of Successor Agency property (one large parcel) on the
south side of High Street, which includes two dirt parking lots and a fenced off area in
front of the old granary building.
54
Oversight Board
September 18, 2012
Page 2
FISCAL IMPACT
None.
STAFF RECOMMENDATION
1. Adopt Resolution No. OB-2012 - authorizing use of Successor Agency
property and waiving rental fees; and
2. Require the Moorpark Chamber of Commerce to provide the Successor Agency
with an indemnification agreement, and naming the Successor Agency and
Oversight Board as additional insured in the insurance policy.
ATTACHMENT I: Draft Resolution
55
RESOLUTION NO. OB-2012-
A RESOLUTION OF THE OVERSIGHT BOARD TO THE
SUCCESSOR AGENCY OF THE REDEVELOPMENT
AGENCY OF THE CITY OF MOORPARK, CALIFORNIA,
FOR THE REGULAR MEETING OF SEPTEMBER 18, 2012,
APPROVING REQUEST FROM THE MOORPARK
CHAMBER OF COMMERCE TO USE SUCCESSOR
AGENCY PROPERTY TO SUPPORT THE COUNTRY
DAYS PARADE AND STREET FAIR, AND REQUEST FOR
WAIVING RENTAL FEES
WHEREAS, Section 34179 (e) of the Health and Safety Code requires all actions
taken by the Oversight Board of the Successor Agency of the City of Moorpark be
adopted by resolution; and
WHEREAS, at the regular meeting of September 18, 2012, the request from the
Moorpark Chamber of Commerce to use Successor Agency property located on the
south side of High Street and waive the rental fees was submitted to the Oversight
Board for approval (Agenda Item 7.F.).
NOW, THEREFORE, THE OVERSIGHT BOARD TO THE SUCCESSOR
AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Approve request from the Moorpark Chamber of Commerce to
use Successor Agency property located on the south side of High Street and waive the
rental fees.
SECTION 2. The City Clerk shall certify to the adoption of this resolution and
shall cause a certified resolution to be filed in the book of original resolutions.
PASSED AND ADOPTED this day of , 2012.
Bruce Hamous, Chairperson
ATTEST:
Maureen Benson, City Clerk
56
OVERSIGHT BOARD TO SUCCESSOR AGENCY
OF THE REDEVELOPMENT AGENCY
OF THE CITY OF MOORPARK MEETING ITEM 7.G.
of 9 o/a
ACTION: aad zk�
BY:
OVERSIGHT BOARD TO SUCCESSOR AGENCY OF THE
REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK
AGENDA REPORT
TO: Oversight Board to Successor Agency
FROM: Hugh R. Riley, Assistant City Manager
DATE: September 5, 2012 (Oversight Board Meeting of 9/18/12)
SUBJECT: Consider Draft Resolution Approving an Amendment of
Professional Services Agreement with Ky Spangler for Special
Projects Consulting Services for the Ruben Castro Human
Services Center through December 31, 2012
BACKGROUND & DISCUSSION
Construction of the Ruben Castro Human Services Center (RCHSC) began in February,
2011. The physical construction process will conclude in September, 2012, and tenants
will move in and commence providing services to the public. Though primary
construction activities are complete, there will continue to be minor construction items to
be addressed and managed, in addition to commencing and completing the close-out
process of the project. These activities will include: collecting and verifying all
guarantee and warranty materials from the Construction Management staff ("Balfour-
Beatty") and turn-over to City staff; addressing building equipment training needs;
coordination of any warranty requests; completing all final amendments to construction
contracts generated during the construction completion process; preparation of Notices
of Completion for approval by City Council and recordation by the County; review and
processing of retention payments when submitted by Balfour-Beatty including
verification of all necessary releases; coordination with building tenants to address
questions or issues during their initial weeks of tenancy; and other ancillary duties and
miscellaneous tasks needed to finalize the project and associated documentation.
Balfour-Beatty has indicated the importance of having a direct City contact to facilitate
the processes required to achieve completion of all of the project close-out activities.
A Special Projects Consultant was retained under a contract with the Redevelopment
Agency of the City of Moorpark ("Redevelopment Agency") in February 2011 to oversee
project needs during the construction process. The agreement with the Special Projects
57
Oversight Board
September 19, 2012
Page 2
Consultant was extended by the Redevelopment Agency in June 2011 on a nineteen-
hour per week basis to continue through April 20, 2012, when the project was initially
expected to be complete and closed out. During the course of construction the decision
to add a storm drain connection from the RCHSC to Spring Road was made, which
extended the anticipated construction duration and estimated close-out timeframe
beyond the April 2012 estimate. An extension of the agreement with the Special
Projects Consultant through September 30, 2012, in an amount not-to-exceed $16,500
was presented to and approved by the Successor Agency to the Moorpark
Redevelopment Agency in April, and approved by the Oversight Board, to provide for
the completion and close-out of the project. These approval steps were taken in
accordance with the requirements of ABx1 26 signed by the Governor on June 29,
2011, which dissolved redevelopment agencies statewide, including the Redevelopment
Agency.
Approval of an extension of the agreement with the Special Projects Consultant through
December 31, 2012, in an amount not-to-exceed $10,500 at a rate of $34.00/hour to
complete the tasks described is being brought forward to the Successor Agency for
consideration and will be presented to the Oversight Board for approval on September
18. This cost is an eligible expenditure per the most recent legislation passed (AB
1484) with respect to Redevelopment Agency dissolution activities.
FISCAL IMPACT
The Capital Improvement budget (Fund 5020) for the Ruben Castro Human Services
Center is $13,770,119. Sufficient funds exist in the budget to cover this work.
Therefore, no additional funds need to be budgeted at this time.,
STAFF RECOMMENDATION
Adopt Resolution No. OB-2012- authorizing the third amendment to the
Professional Services Agreement with Ky Spangler for Special Projects Consulting
Services for activities related to the construction of the Ruben Castro Human Services
Center and authorize the City Manager to execute the Agreement, subject to final
language approval of the City Manager and City Attorney.
Attachment 1: Third Amendment to Professional Services Agreement
Attachment 2: Draft Resolution No. 06-2012-
58
ATTACHMENT 1
THIRD AMENDMENT TO AGREEMENT 2011-167
BETWEEN THE SUCCESSOR AGENCY OF THE
REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK AND
KY SPANGLER FOR PROFESSIONAL SERVICES
THIS THIRD AMENDMENT TO THE AGREEMENT FOR PROFESSIONAL SERVICES
("Third Amendment"), is made and entered into this day of 12012,
("the Effective Date") between the City of Moorpark, acting in its capacity as Successor
Agency of the Redevelopment Agency of the City of Moorpark pursuant to Section
34173 of the California Health and Safety Code as enacted by ABx1 26 ("Successor
Agency"), and Ky Spangler, an individual, ("Consultant").
WITNESSETH:
WHEREAS, on June 2, 2011, the Redevelopment Agency of the City of
Moorpark and the Consultant entered into an Agreement for project management
services; and
WHEREAS, on August 1, 2011, the Redevelopment Agency of the City of
Moorpark and the Consultant entered into a First Amendment to extend project
management services through April 20, 2012; and
WHEREAS, on June 29, 2011 the Governor signed ABx1 26, a bill that had as its
sole purpose the dissolution of redevelopment agencies statewide; and
WHEREAS, after litigation was brought to challenge the validity of ABx1 26, the
Supreme Court of the State of California ruled on December 29, 2011 that ABx1 26 was
Constitutional and a valid exercise of the legislative power of the State; and
WHEREAS, on February 1, 2012, the Redevelopment Agency of the City of
Moorpark was dissolved pursuant to the Supreme Court's modification of ABx1 26's
dissolution date; and
WHEREAS, on January 4, 2012, the City Council of the City of Moorpark
adopted Resolution 2012-3079 designating the City of Moorpark at the Successor
Agency ("Successor Agency") of the Redevelopment Agency of the City of Moorpark;
and
WHEREAS, by operation of Section 34173 of the Health and Safety Code, all
authority, rights, powers, duties, and obligations of the former Redevelopment Agency
of the City of Moorpark are vested in the Successor Agency, with certain statutory
exceptions found elsewhere in ABx1 26; and
Professional Services Agreement Page 1 of 3 59
Third Amendment Between the Successor Agency of the Redevelopment Agency of the City of Moorpark and Ky Spangler
WHEREAS, the Successor Agency wishes to amend the Agreement to extend
the term for which services will be provided; and
WHEREAS, on April 17, 2012, the Oversight Board of the Successor Agency
approved to extend the term for which project management services are to be provided
under the existing Agreement for the Ruben Castro Human Services Center; and
WHEREAS, on April 18, 2012, the City Council of the City of Moorpark, acting in
its role as legislative body for the Successor Agency, approved to extend the term of the
Agreement; and
WHEREAS, on April 26, 2012, the Successor Agency of the Redevelopment
Agency of the City of Moorpark and the Consultant entered into a Second Amendment
to extend project management services through September 30, 2012; and
WHEREAS, on September 18, 2012, the Oversight Board of the Successor
Agency approved to extend the term for which project management services are to be
provided under the existing Agreement for the Ruben Castro Human Services Center;
and
WHEREAS, on September 19, 2012, the City Council of the City of Moorpark,
acting in its role as legislative body for the Successor Agency, approved to extend the
term of the Agreement through December 31, 2012.
NOW, THEREFORE, in consideration of the mutual covenants, benefits, and
premises herein stated, the parties hereto AMEND the aforesaid Agreement as follows:
I. Section 1, TERM, of the Agreement is amended in its entirety as follows:
Consultant's term is extended from September 30, 2012, to December 31,
2012, unless otherwise amended pursuant to Section 25 (AMENDMENTS) or
terminated or suspended pursuant to the terms of Section 6 (TERMINATION OR
SUSPENSION WITHOUT CAUSE) of the Agreement executed on June 2, 2011.
Professional Services Agreement Page 2 of 3 6 0
Third Amendment Between the Successor Agency of the Redevelopment Agency of the City of Moorpark and Ky Spangler
II. Remaining Provisions
All other terms and conditions of the original Agreement shall remain in full
force and effect.
The effective date of this Third Amendment shall be October 1, 2012.
SUCCESSOR AGENCY OF THE
REDEVELOPMENT AGENCY OF THE
CITY OF MOORPARK KY SPANGLER
By: By:
Steven Kueny Ky Spangler
City Manager
ATTEST:
Maureen Benson, City Clerk
Professional Services Agreement Page 3 of 3 61
Third Amendment Between the Successor Agency of the Redevelopment Agency of the City of Moorpark and Ky Spangler
ATTACHMENT 2
RESOLUTION NO. OB-2012-
A RESOLUTION OF THE OVERSIGHT BOARD TO THE
SUCCESSOR AGENCY OF THE REDEVELOPMENT
AGENCY OF THE CITY OF MOORPARK, CALIFORNIA,
FOR THE REGULAR MEETING OF SEPTEMBER 18, 2012,
APPROVING AMENDMENT TO PROFESSIONAL
SERVICES AGREEMENT WITH KY SPANGLER FOR
SPECIAL PROJECTS CONSULTING SERVICES
WHEREAS, Section 34179 (e) of the Health and Safety Code requires all actions
taken by the Oversight Board of the Successor Agency of the City of Moorpark be
adopted by resolution; and
WHEREAS, at the regular meeting of September 18, 2012, the Amendment to
Professional Services Agreement with Ky Spangler for Special Project Consulting
Services was submitted to the Oversight Board for approval (Agenda Item 7.G.).
NOW, THEREFORE, THE OVERSIGHT BOARD TO THE SUCCESSOR
AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Approve Amendment to Professional Services Agreement with Ky
Spangler for Special Projects Consulting Services.
SECTION 2. The City Clerk shall certify to the adoption of the resolution and
shall cause a certified resolution to be filed in the book of original resolutions.
PASSED AND ADOPTED this 18th day of September, 2012.
Bruce Hamous, Chair
ATTEST:
Maureen Benson, City Clerk
62
OVERSIGHT BOARD TO SUCCESSOR AGENCY
OF THE REDEVELOPMENT AGENCY
OF THE CITY OF MOORPARK MEETING ITEM 7.1-1.
of
ACTION:
BY: Y7-7
OVERSIGHT BOARD TO SUCCESSOR AGENCY OF THE
REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK
AGENDA REPORT
TO: Oversight Board to Successor Agency
FROM: David C. Moe II, Redevelopment Manager
DATE: September 11, 2012 (Oversight Board Meeting of September 18,
2012)
SUBJECT: Consider Resolution Authorizing Use of Successor Agency Property
to Support the Annual Roam'N Relics Car Show on October 28, 2012,
and to Waive City Fees for the Event
SUMMARY
The Successor Agency of the Redevelopment Agency of the City of Moorpark
("Successor Agency") is being asked to approve use of certain Successor Agency
owned property south of High Street, and to waive rental fees for use of the property.
BACKGROUND
The Roam'N Relics Car Club has held its annual car show in Moorpark the past 17
years. In 2012, the event is planned for Sunday, October 28 from 8 a.m. to 3 p.m. on
High Street. In 2011, the car show attracted about 500 pre-1973 vehicles and an
estimated 4,500 spectators.
DISCUSSION
The Redevelopment Agency of the City of Moorpark ("Redevelopment Agency") has
traditionally granted the Club's request to reduce rental fees for the car show since the
Club donates the proceeds to local charities, and Moorpark businesses benefit from
increased visibility.
63
Oversight Board
September 18, 2012
Page 2
No major changes are planned for the 2012 car show. The Club expects about 500
pre-1973 vehicles and 5,000 spectators, generating about $25,000 in revenues and up
to $4,000 in donations to local charities after expenses. As in the past, the Club will
promote High Street businesses through free advertisements and provide free booth
space to City departments, if desired.
Staff recommends the same fee reductions the former Redevelopment Agency has
approved in previous years, which has been to waive fees for use of Successor Agency
property on the south side of High Street, which includes the two dirt parking lots and
the area in front of the old granary building.
FISCAL IMPACT
None.
STAFF RECOMMENDATION
1. Adopt Resolution No. OB-2012- authorizing use of Successor Agency
property and waiving rental fees; and
2. Require Club to provide the Successor Agency with an indemnification
agreement, and name the Successor Agency and Oversight Board as additional
insureds in the Club's insurance policy.
ATTACHMENT I: Draft Resolution
64
Attachment I
RESOLUTION NO. OB-2012-
A RESOLUTION OF THE OVERSIGHT BOARD TO THE
SUCCESSOR AGENCY OF THE REDEVELOPMENT
AGENCY OF THE CITY OF MOORPARK, CALIFORNIA,
FOR THE REGULAR MEETING OF SEPTEMBER 18, 2012,
APPROVING USE OF SUCCESSOR AGENCY PROPERTY
SOUTH OF HIGH STREET AND WAIVER OF RENTAL FEE
TO SUPPORT THE ANNAUL ROAM'N RELIC CAR SHOW
ON OCTOBER 28, 2012
WHEREAS, Section 34179 (e) of the Health and Safety Code requires all actions
taken by the Oversight Board of the Successor Agency of the City of Moorpark be
adopted by resolution; and
WHEREAS, at the regular meeting of September 18, 2012, the Roam'N Relic
Car Club request to use Successor Agency property south of High Street and waive
rental fees to support their annual car show has been submitted to the Oversight Board
for approval (Agenda Item 7.H.).
NOW, THEREFORE, THE OVERSIGHT BOARD TO THE SUCCESSOR
AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Approve the Roam'N Relic Car Club request to use Successor
Agency property south of High Street and waive rental fees to support their annual car
show.
SECTION 2. The City Clerk shall certify to the adoption of this resolution and
shall cause a certified resolution to be filed in the book of original resolutions.
PASSED AND ADOPTED this day of , 2012.
Bruce Hamous, Chairperson
ATTEST:
Maureen Benson, City Clerk
65
OVERSIGHT BOARD TO SUCCESSOR AGENCY
OF THE REDEVELOPMENT AGENCY
OF THE CITY OF MOORPARK MEETING ITEM 7.1.
of 0
ACTION:
Q.ulo�tid 0 e20/o't—/L.
BY: Leh
OVERSIGHT BOARD TO THE SUCCESSOR AGENCY OF THE
REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK
AGENDA REPORT
TO: Oversight Board to the Successor Agency
FROM: Ron Ahlers, Finance Director
DATE: September 12, 2012 (Oversight Board Meeting September 18, 2012)
SUBJECT: Consider Resolution Due Diligence Review and Authorize the City
Manager to Execute Amendment #1 to the Agreement for
Independent Auditing Services
SUMMARY
AB 1484, signed by the Governor on June 27, 2012, requires that by October 1, 2012
the Successor Agency shall submit a due diligence review of the Low and Moderate
Housing Fund to the Oversight Board, the County Auditor-Controller, the Controller, and
the Department of Finance. A due diligence review of all the other funds is required by
December 15, 2012. We have received a quote from the City's auditors that these
reports shall cost $6,000 to $10,000 each (see attached email from Terry Shea, Partner
in Rogers, Anderson, Malody & Scott, LLP (RAMS).
Staff is requesting the Oversight Board consider the attached Resolution to enlist the
services of RAMS to complete the due diligence review.
DISCUSSION
Below is the Government Code Section relating to the due diligence review noting the
applicable dates of completion, submission of the reports, and the funds.
Government Code Section 34179.6 states:
SEC. 18. Section 34179.6 is added to the Health and Safety Code, to
read:
34179.6. The review required pursuant to Section 34179.5 shall be
submitted to the oversight board for review. The successor agency shall
66
Oversight Board to the Successor Agency
September 18, 2012
Page 2
submit a copy of the Recognized Obligation Payment Schedule to the
county administrative officer, the county auditor-controller, and the
Department of Finance at the same time that the successor agency
submits the review to the oversight board for review.
(a) By October 1, 2012, each successor agency shall provide to the
oversight board, the county auditor-controller, the Controller, and the
Department of Finance the results of the review conducted pursuant to
Section 34179.5 for the Low and Moderate Income Housing Fund and
specifically the amount of cash and cash equivalents determined to be
available for allocation to taxing entities. By December 15, 2012, each
successor agency shall provide to the oversight board, the county auditor-
controller, the Controller, and the department the results of the review
conducted pursuant to Section 34179.5 for all of the other fund and
account balances and specifically the amount of cash and cash
equivalents determined to be available for allocation to taxing entities. The
department may request any supporting documentation and review results
to assist in its review under subdivision (d). The department may specify
the form and manner information about the review shall be provided to it.
(b) Upon receipt of the review, the oversight board shall convene a
public comment session to take place at least five business days
before the oversight board holds the approval vote specified in
subdivision (c). The oversight board also shall consider any opinions
offered by the county auditor-controller on the review results submitted by
the successor agencies.
(c) By October 15, 2012, for the Low and Moderate Income Housing Fund
and by January 15, 2013, for all other funds and accounts, the oversight
board shall review, approve, and transmit to the department and the
county auditor-controller the determination of the amount of cash
and cash equivalents that are available for disbursement to taxing
entities as determined according to the method provided in Section
34179.5. The oversight board may adjust any amount provided in the
review to reflect additional information and analysis. The review and
approval shall occur in public sessions. The oversight board may request
from the successor agency any materials it deems necessary to assist in
its review and approval of the determination. The oversight board shall be
empowered to authorize a successor agency to retain assets or funds
identified in subparagraphs (B) to (E), inclusive, of paragraph (5) of
subdivision (c) of Section 34179.5: An oversight board that makes that
authorization also shall identify to the department the amount of funds
authorized for retention, the source of those funds, and the purposes for
which those funds are being retained. The determination and authorization
67
Oversight Board to the Successor Agency
September 18, 2012
Page 3
to retain funds and assets shall be subject to the review and approval of
the department pursuant to subdivision (d).
(d) The department may adjust any amount associated with the
determination of the resulting amount described in paragraph (6) of
subdivision (c) of Section 34179.5 based on its analysis and information
provided by the successor agency and others. The department shall
consider any findings or opinions of the county auditor-controllers and the
Controller. The department shall complete its review of the determinations
provided pursuant to subdivision (c) no later than November 9, 2012, for
the Low and Moderate Income Housing Fund and also shall notify the
oversight board and the successor agency of its decision to overturn any
decision of the oversight board to authorize a successor agency to retain
assets or funds made pursuant to subdivision (c). The department shall
complete its review of the determinations provided pursuant to subdivision
(c) no later than April 1, 2013, for the other funds and accounts and also
shall notify the oversight board and the successor agency of its decision to
overturn any oversight board authorizations made pursuant to subdivision
(c). The department shall provide the oversight board and the successor
agency an explanation of its basis for overturning or modifying any
findings, determinations, or authorizations of the oversight board made
pursuant to subdivision (c).
(e) The successor agency and the entity or entities that created the former
redevelopment agency may request to meet and confer with the
department to resolve any disputes regarding the amounts or sources of
funds identified as determined by the department. The request shall be
made within five business days of the transmission, and no later than
November 16, 2012, for the determination regarding the Low and
Moderate Income Housing Fund, to the successor agency or the
designated local authority of the department's determination, decisions,
and explanations and shall be accompanied by an explanation and
documentation of the basis of the dispute. The department shall meet and
confer with the requesting party and modify its determinations and
decisions accordingly. The department shall either confirm or modify its
determinations and decisions within 30 days of the request to meet and
confer.
(f) Each successor agency shall transmit to the county auditor-controller
the amount of funds required pursuant to the determination of the
department within five working days of receipt of the notification under
subdivision (c) or (e) if a meet and confer request is made. Successor
agencies shall make diligent efforts to recover any money determined to
have been transferred without an enforceable obligation as described in
paragraphs (2) and (3) of subdivision (c) of Section 34179.5. The
68
Oversight Board to the Successor Agency
September 18, 2012
Page 4
department shall notify the county auditor-controllers of its actions and the
county auditor-controllers shall disburse the funds received from
successor agencies to taxing entities pursuant to Section 34188 within five
working days of receipt. Amounts received after November 28, 2012, and
April 10, 2013, may be held and disbursed with the regular payments to
taxing entities pursuant to Section 34183.
(g) By December 1, 2012, the county auditor-controller shall provide the
department a report specifying the amount submitted by each successor
agency pursuant to subdivision (d) for low- and moderate-income housing
funds, and specifically noting those successor agencies that failed to remit
the full required amount. By April 20, 2013, the county auditor-controller
shall provide the department a report detailing the amount submitted by
each successor agency pursuant to subdivision (d) for all other funds and
accounts, and specifically noting those successor agencies that failed to
remit the full required amount.
(h) If a successor agency fails to remit to the county auditor-controller the
sums identified in subdivisions (d) and (f), by the deadlines specified in
those subdivisions, the following remedies are available:
(1) (A) If the successor agency cannot promptly recover the funds that
have been transferred to another public agency without an enforceable
obligation as described in paragraphs (2) and (3) of subdivision (c) of
Section 34179.5, the funds may be recovered through an offset of sales
and use tax or property tax allocations to the local agency to which the
funds were transferred. To recover such funds, the Department of Finance
may order the State Board of Equalization to make an offset pursuant to
subdivision (a) of Section 34179.8. If the Department of Finance does not
order a sales tax offset, the county auditor-controller may reduce the
property tax allocations to any local agency in the county that fails to repay
funds pursuant to subdivision (c) of Section 34179.8.
(B) The county auditor-controller and the department shall each have the
authority to demand the return of funds improperly spent or transferred to
a private person or other private entity. If funds are not repaid within 60
days, they may be recovered through any lawful means of collection and
are subject to a ten percent penalty plus interest at the rate charged for
late personal income tax payments from the date the improper payment
was made to the date the money is repaid.
(C) If the city, county, or city and county that created the former
redevelopment agency is also performing the duties of the successor
agency, the Department of Finance may order an offset to the distribution
provided to the sales and use tax revenue to that agency pursuant to
subdivision (a) of Section 34179.8. This offset shall be equal to the
amount the successor fails to remit pursuant to subdivision (f). If the
Department of Finance does not order a sales tax offset, the county
69
Oversight Board to the Successor Agency
September 18, 2012
Page 5
auditor-controller may reduce the property tax allocations of the city,
county, or city and county that created the former redevelopment agency
pursuant to subdivision (c) of Section 34179.8.
(D) The department and the county auditor-controller shall coordinate their
actions undertaken pursuant to this paragraph.
(2) Alternatively or in addition to the remedies provided in paragraph (1),
the department may direct the county auditor-controller to deduct the
unpaid amount from future allocations of property tax to the successor
agency under Section 34183 until the amount of payment required
pursuant to subdivision (d) is accomplished.
(3) If the Department of Finance determines that payment of the full
amount required under subdivision (d) is not currently feasible or would
jeopardize the ability of the successor agency to pay enforceable
obligations in a timely manner, it may agree to an installment payment
plan.
(i) (1) If a legal action contesting a withholding effectuated by the State
Board of Equalization pursuant to subparagraphs (B), (C), or (B) and (C)
of paragraph (2) of subdivision (b) of Section 34183.5 is successful and
results in a final judicial determination, the court shall order the state to
pay to the prevailing party a penalty equal to a percentage of the amount
of funds found by the court to be improperly withheld, as provided in
Section 34179.8. This percentage shall be equivalent to the number of
months the funds have been found by the court to be improperly withheld,
not to exceed 10 percent.
(2) If a legal action contesting an offset effectuated by the State Board of
Equalization or the county auditor-controller pursuant to subdivision (h) is
successful and results in a final judicial determination, the court shall order
the state or the county auditor-controller to pay to the prevailing party a
penalty equal to 10 percent of the amount of funds found by the court to
be improperly offset, as provided in Section 34179.8.
Q) If a legal challenge to invalidate any provision in subdivision (h) or
subparagraph (B) or (C), or subparagraphs (B) and (C) of paragraph (2) of
subdivision (b) of Section 34183.5 is successful and results in a final
judicial determination, the invalidated provision shall become inoperative
and subdivision (i) shall become inoperative with respect to the invalidated
provision.
FISCAL IMPACT
The Successor Agency is limited to spending resources as they are listed on the ROPS.
These two reports are estimated to cost $20,000.
70
Oversight Board to the Successor Agency
September 18, 2012
Page 6
STAFF RECOMMENDATION (ROLL CALL VOTE)
1. Adopt Resolution No. OB-2012-
Attachments:
1. Resolution No. OB-2012-
2. Email from Terry Shea outlining costs of due diligence review
3. List of procedures for due diligence review
4. Amendment #1 to the RAMS contract
71
Attachment 1
RESOLUTION NO. OB-2012-
A RESOLUTION OF THE OVERSIGHT BOARD TO THE
SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF
THE CITY OF MOORPARK, CALIFORNIA, FOR THE MEETING OF.
SEPTEMBER 18, 2012, SELECTING ROGERS, ANDERSON,
MALODY & SCOTT, LLP TO CONDUCT THE DUE DILIGENCE
REVIEW
WHEREAS, Section 34179 (e) of the Health and Safety requires all actions taken
by the Oversight Board of the Successor Agency of the City of Moorpark be adopted by
resolution; and
WHEREAS, on September 18, 2012 the recommended contract amendment to
have Rogers, Anderson, Malody & Scott, LLP conduct the Due Diligence Review was
submitted to the Oversight Board for its review and consideration (Agenda Item 7.1.).
NOW, THEREFORE, THE OVERSIGHT BOARD TO THE SUCCESSOR
AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The firm of Rogers, Anderson, Malody & Scott, LLP is selected to
conduct the Due Diligence Review of the Low and Moderate Income Housing Fund and
all other redevelopment funds.
SECTION 2. The City Manager is authorized to execute the Amendment No. 1,
subject to the final language approval by the City Manager and City Attorney.
SECTION 3. The City Clerk shall certify to the adoption of this resolution and
shall cause a certified resolution to be filed in the book of original resolutions.
PASSED AND ADOPTED this 18th day of September, 2012.
Bruce Hamous, Chair
ATTEST:
Maureen Benson, City Clerk
72
ATTACHMENT 2
Ron Ahlers
From: Terry Shea <tshea @Ramscpa.net>
Sent: Tuesday, September 04, 2012 5:34 PM
To: Ron Ahlers
Subject: FW: DDR files
Attachments: Due Diligence Review Request List.pdf, Exam ple_Summary_Schedule-
Due_Diligence_Review.xlsx; FAQ-Due_Diligence_Reviews.pdf,
Procedures_Due_Diligence_Review.pdf, Reconciliation_Worksheet-
Due_Diligence_Review.xls
Hi Ron
Please find the attached Due Diligence Request List, required Procedures, sample schedules and worksheets. The fee
would be between $6,000 and $10,000 for each report. The fee is in a range because at this time were not sure of the
amount of activity and shape of the documentation. If we complete it for less we would not charge the full
$6,000. Please take a look at the request list and the two sample schedules. We would not be able to start until
everything on the request list is completed.
Terry Shea
From: Brad Welebir
Sent: Tuesday, September 04, 2012 1:10 PM
To: Terry Shea
Subject: DDR files
Terry,
Here are the files you requested.
BradA tiVeCebir, CPA NBA
IsmC.GEQ , ANDErPs'ON, MAr C7DY � SCOTT, LLP
CECEkF , _a,
Fti � ,f'�L�. _„l. J _... F —t�''. 0 N'!ri'\ , .a :_{':^'vr — 9:'5
him
STABILITY.ACCURACY.TRUST.
735 E. Carnegie Drive, Suite 100
San Bernardino, CA 92408
Tel: 909.889.0871, ext. 5420
Fax: 909.889.5361
bwelebir @ramscpa.net
1 73
ATTACHMENT 3
V. 8-27-12
List of Procedures for Due Diligence Review
General information regarding these procedures:
1. The procedures associated with Sections 34179.5(c)(1) through 34179.5(c)(3) and
Sections 34179.5(c)(5) through 34179.5(c)(6) are to be applied separately to (a) the Low
and Moderate Income Housing Fund of the Successor Agency and to (b) all other funds
of the Successor Agency combined (excluding the Low and Moderate Income Housing
Fund).
2. The due date for the report associated with the Low and Moderate Income Housing Fund
is October 1, 2012.
3. The due date for the report associated with all other funds of the Successor Agency
combined (excluding the Low and Moderate Income Housing Fund) is December 15,
2012.
4. Because the procedures required by Section 34179.5(c)(4) pertain to the Successor
Agency as a whole, these procedures should be addressed in the report that is due on
December 15, 2012.
Fiscal year references below refer to fiscal years ending on June 30. This language should be
modified for those agencies that have a different fiscal year-end.
For purposes of the procedures below and the related exhibits, the amount of the assets presented
should be based upon generally accepted accounting principles (GAAP), unless otherwise noted.
To the extent the procedures listed below are duplicative to the agreed upon procedures that were
performed pursuant to HSC 34182 (a)(1), it is acceptable to obtain and use information from the
HSC 34182 (a)(1) procedures for purposes of this due diligence review without having to re-
perform the procedures. When this is done, the due diligence report should refer to the report that
was issued for the agreed upon procedures performed under HSC 34182 (a)(1).
Certain assets may qualify as a deduction under more than one category of deduction. In such
cases, care should be taken to ensure that such assets have been included as a deduction in the
summary schedule only once.
Citation:
34179.50(1) The dollar value of assets transferred from the former redevelopment agenc),
to the successor agency on or about February 1, 2012.
Suggested Procedure(s):
1. Obtain from the Successor Agency a listing of all assets that were transferred from the
former redevelopment agency to the Successor Agency on February 1, 2012. Agree the
amounts on this listing to account balances established in the accounting records of the
Successor Agency. Identify in the Agreed-Upon Procedures (AUP) report the amount of
the assets transferred to the Successor Agency as of that date.
1
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Citation:
34179.5(c)(2) The dollar value of assets and cash and cash equivalents transferred after
.January 1, 2011, through June 30, 2012, by the redevelopment agency or the successor
agency to the city, county, or city and county that,fornied the redevelopment agency and the
purpose of' each transfer. The revieiv shall provide documentation of anv enforceable
obligation that rewired the transfer.
Suggested Procedure(s):
2. If the State Controller's Office has completed its review of transfers required under both
Sections 34167.5 and 34178.8 and issued its report regarding such review, attach a copy
of that report as an exhibit to the AUP report. If this has not yet occurred, perform the
following procedures:
A. Obtain a listing prepared by the Successor Agency of transfers (excluding payments
for goods and services) from the former redevelopment agency to the city, county, or
city and county that formed the redevelopment agency for the period from January 1,
2011 through January 31, 2012. For each transfer, the Successor Agency should
describe the purpose of the transfer and describe in what sense the transfer was
required by one of the Agency's enforceable obligations or other legal requirements.
Provide this listing as an attachment to the AUP report.
B. Obtain a listing prepared by the Successor Agency of transfers (excluding payments
for goods and services) from the Successor Agency to the city, county, or city and
county that formed the redevelopment agency for the period from February 1, 2012
through June 30, 2012. For each transfer, the Successor Agency should describe the
purpose of the transfer and describe in what sense the transfer was required by one of
the Agency's enforceable obligations or other legal requirements. Provide this listing
as an attachment to the AUP report.
C. For each transfer, obtain the legal document that formed the basis for the enforceable
obligation that required any transfer. Note in the AUP report the absence of any such
legal document or the absence of language in the document that required the transfer.
Citation:
34179.5(c)(3) The dollar value of anv cash or cash equivalents transferred gfter January 1,
2011, through June 30, 2012, by the redevelopment agency or the successor agency to an},
other public agency or private party and the purpose of each transfer. The review shall
provide documentation of any enforceable obligation that required the transfer.
Suggested Procedure(s):
3. If the State Controller's Office has completed its review of transfers required under both
Sections 34167.5 and 34178.8 and issued its report regarding such review, attach a copy
of that report as an exhibit to the AUP report. If this has not yet occurred, perform the
following procedures:
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V. 8-27-12
A. Obtain a listing prepared by the Successor Agency of transfers (excluding payments
for goods and services) [from the former redevelopment agency to any other public
agency or to private parties for the period from January 1, 2011 through January 31,
2012. For each transfer, the Successor Agency should describe the purpose of the
transfer and describe in what sense the transfer was required by one of the Agency's
enforceable obligations or other legal requirements. Provide this listing as an
attachment to the AUP report.
B. Obtain a listing prepared by the Successor Agency of transfers (excluding payments
for goods and services) [from the Successor Agency to any other public agency or
private parties for the period from February 1, 2012 through June 30, 2012. For each
transfer, the Successor Agency should describe the purpose of the transfer and
describe in what sense the transfer was required by one of the Agency's enforceable
obligations or other legal requirements. Provide this listing as an attachment to the
AUP report.
C. For each transfer, obtain the legal document that formed the basis for the enforceable
obligation that required any transfer. Note in the AUP report the absence of any such
legal document or the absence of language in the document that required the transfer.
Citation:
311?9.5(c)(4) The review shall pro��ide expenditure and revenue accounting i�?for»acation and
identify tran,sfes•s and funding sources for the 2010-11 and 2011-12 fiscal years that
reconciles balances, assets, and liabilities of the successor agency on June 30, 2012 to those
reported to the Controller_for the 2009-10 fiscal_year.
Suggested Proccdure(s):
4. Perform the following procedures:
A. Obtain from the Successor Agency a summary of the financial transactions of the
Redevelopment Agency and the Successor Agency in the format set forth in the
attached schedule for the fiscal periods indicated in the schedule. For purposes of this
summary, the financial transactions should be presented using the modified accrual
basis of accounting. End of year balances for capital assets (in total) and long-term
liabilities (in total) should be presented at the bottom of this summary schedule for
information purposes.
B. Ascertain that for each period presented, the total of revenues, expenditures, and
transfers accounts fully for the changes in equity from the previous fiscal period.
C. Compare amounts in the schedule relevant to the fiscal year ended June 30, 2010 to
the state controller's report filed for the Redevelopment Agency for that period.
D. Compare amounts in the schedule for the other fiscal periods presented to account
balances in the accounting records or other supporting schedules. Describe in the
report the type of support provided for each fiscal period.
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Citation:
34179.5(c)(5)A separate accounting for the balance for the Low and Moderate Income
Housing Fund1lbr all other_funds and accounts combined shall be made as follows:
(A)A statement of the total value of each frfnd as of.Iune 30, 2012.
Suggested Procedure(s):
5. Obtain from the Successor Agency a listing of all assets of the Low and Moderate
Income Housing Fund as of June 30, 2012 for the report that is due October 1, 2012 and a
listing of all assets of all other funds of the Successor Agency as of June 30, 2012
(excluding the previously reported assets of the Low and Moderate Income Housing
Fund) for the report that is due December 15, 2012. When this procedure is applied to the
Low and Moderate Income Housing Fund, the schedule attached as an exhibit will
include only those assets of the Low and Moderate Income Housing Fund that were held
by the Successor Agency as of June 30, 2012 and will exclude all assets held by the entity
that assumed the housing function previously performed by the former redevelopment
agency. Agree the assets so listed to recorded balances reflected in the accounting records
of the Successor Agency. The listings should be attached as an exhibit to the appropriate
AUP report.
Citation:
34 17 9.5(c)(5)(B)An itemized statement listing any amounts that are legally restricted as to
purpose and cannot be provided to taxing entities. This could include the proceeds of aqy
bonds, grant fiends, or funds provided by other governmental entities that place conditions on
their use.
Suggested Procedure(s):
6. Obtain from the Successor Agency a listing of asset balances held on June 30, 2012 that
are restricted for the following purposes:
A. Unspent bond proceeds:
i. Obtain the Successor Agency's computation of the restricted balances (e.g., total
proceeds less eligible project expenditures, amounts set aside for debt service
payments, etc.)
ii. Trace individual components of this computation to related account balances in
the accounting records, or to other supporting documentation (specify in the AUP
report a description of such documentation).
iii. Obtain from the Successor Agency a copy of the legal document that sets forth the
restriction pertaining to these balances. Note in the AUP report the absence of
language restricting the use of the balances that were identified by the Successor
Agency as restricted.
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V. 8-27-12
B. Grant proceeds and program income that are restricted by third parties:
i. Obtain the Successor Agency's computation of the restricted balances (e.g., total
proceeds less eligible project expenditures).
ii. Trace individual components of this computation to related account balances in
the accounting records, or to other supporting documentation (specify in the AUP
report a description of such documentation).
iii. Obtain from the Successor Agency a copy of the grant agreement that sets forth
the restriction pertaining to these balances. Note in the AUP report the absence of
language restricting the use of the balances that were identified by the Successor
Agency as restricted.
C. Other assets considered to be legally restricted:
i. Obtain the Successor Agency's computation of the restricted balances (e.g., total
proceeds less eligible project expenditures).
ii. Trace individual components of this computation to related account balances in
the accounting records, or to other supporting documentation (specify in the AUP
report a description of such documentation).
iii. Obtain from the Successor Agency a copy of the legal document that sets forth the
restriction pertaining to these balances. Note in the AUP report the absence of
language restricting the use of the balances that were identified by Successor the
Agency as restricted.
D. Attach the above mentioned Successor Agency prepared schedule(s) as an exhibit to
the AUP report. For each restriction identified on these schedules, indicate in the
report the period of time for which the restrictions are in effect. If the restrictions are
in effect until the related assets are expended for their intended purpose, this should
be indicated in the report.
Citation:
3417 9.5(c)(5)(C:)An itemized statement of the values of any assets that are not cash or cash
equivalents. This may include physical assets, land, records, and equipment. For the purpose
of this accounting, physical assets may he valued at purchase cost or at any recently
estimated market value. The statement shall list separately housing-related assets.
Suggested Procedure(s):
7. Perform the following procedures:
A. Obtain from the Successor Agency a listing of assets as of June 30, 2012 that are not
liquid or otherwise available for distribution (such as capital assets, land held for
resale, long-term receivables, etc.) and ascertain if the values are listed at either
purchase cost (based on book value reflected in the accounting records of the
Successor Agency) or market value as recently estimated by the Successor Agency.
B. If the assets listed at 7(A) are listed at purchase cost, trace the amounts to a
previously audited financial statement (or to the accounting records of the Successor
Agency) and note any differences.
5
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V. 8-27-12
C. For any differences noted in 7(B), inspect evidence of disposal of the asset and
ascertain that the proceeds were deposited into the Successor Agency trust fund. If the
differences are due to additions (this generally is not expected to occur), inspect the
supporting documentation and note the circumstances.
D. If the assets listed at 7(A) are listed at recently estimated market value, inspect the
evidence (if any) supporting the value and note the methodology used. If no evidence
is available to support the value and\or methodology, note the lack of evidence.
Citation:
341;9.5(c)(5)(D)An itemized listing of any current balances that are legally or contractually
dedicated or restricted for the funding of'an enforceable obligation that identifies the nature
of the dedication or restriction and the Specific enforceable obligation. In addition, the
successor agency shall provide a listing of'all approved enforceable obligations that includes
a projection of annual spending requirements to satisfy each obligation and a projection of
annual revenues available to.fund those requirements. #'a review finds that future revenues
together with dedicated or restricted balances are insufficient to fund future obligations and
thus retention of current balance's is required, it shall identilj,the amount of current balances
necessarv.for retention. The review shall also detail the prgjecled property tax revenues and
other general purpose revenues to be received by the successor agency, together with both
the amount and timing of the bond debt .service pavinents of the successor agencv, for the
period in which the oversight board anticipates the successor agency will have insufficient
property tax revenue to pay the specified obligations.
Suggested Procedure(s):
8. Perform the following procedures:
A. If the Successor Agency believes that asset balances need to be retained to satisfy
enforceable obligations, obtain from the Successor Agency an itemized schedule of
asset balances (resources) as of June 30, 2012 that are dedicated or restricted for the
funding of enforceable obligations and perform the following procedures. The
schedule should identify the amount dedicated or restricted, the nature of the
dedication or restriction, the specific enforceable obligation to which the dedication
or restriction relates, and the language in the legal document that is associated with
the enforceable obligation that specifies the dedication of existing asset balances
toward payment of that obligation.
i. Compare all information on the schedule to the legal documents that form the
basis for the dedication or restriction of the resource balance in question.
ii. Compare all current balances to the amounts reported in the accounting records of
the Successor Agency or to an alternative computation.
iii. Compare the specified enforceable obligations to those that were included in the
final Recognized Obligation Payment Schedule approved by the California
Department of Finance.
iv. Attach as an exhibit to the report the listing obtained from the Successor Agency.
Identify in the report any listed balances for which the Successor Agency was
6
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V. 8-27-12
unable to provide appropriate restricting language in the legal document
associated with the enforceable obligation.
B. If the Successor Agency believes that future revenues together with balances
dedicated or restricted to an enforceable obligation are insufficient to fund future
obligation payments and thus retention of current balances is required, obtain from
the Successor Agency a schedule of approved enforceable obligations that includes a
projection of the annual spending requirements to satisfy each obligation and a
projection of the annual revenues available to fund those requirements and perform
the following procedures:
i. Compare the enforceable obligations to those that were approved by the
California Department of Finance. Procedures to accomplish this may include
reviewing the letter from the California Department of Finance approving the
Recognized Enforceable Obligation Payment Schedules for the six month period
from January 1, 2012 through June 30, 2012 and for the six month period July 1,
2012 through December 31, 2012.
ii. Compare the forecasted annual spending requirements to the legal document
supporting each enforceable obligation.
a. Obtain from the Successor Agency its assumptions relating to the forecasted
annual spending requirements and disclose in the report major assumptions
associated with the projections.
iii. For the forecasted annual revenues:
a. Obtain from the Successor Agency its assumptions for the forecasted annual
revenues and disclose in the report major assumptions associated with the
projections.
C. If the Successor Agency believes that projected property tax revenues and other
general purpose revenues to be received by the Successor Agency are insufficient to
pay bond debt service payments (considering both the timing and amount of the
related cash flows), obtain from the Successor Agency a schedule demonstrating this
insufficiency and apply the following procedures to the information reflected in that
schedule.
i. Compare the timing and amounts of bond debt service payments to the related
bond debt service schedules in the bond agreement.
ii. Obtain the assumptions for the forecasted property tax revenues and disclose
major assumptions associated with the projections.
iii. Obtain the assumptions for the forecasted other general purpose revenues and
disclose major assumptions associated with the projections.
D. If procedures A, B, or C were performed, calculate the amount of current unrestricted
balances necessary for retention in order to meet the enforceable obligations by
performing the following procedures.
i. Combine the amount of identified current dedicated or restricted balances and the
amount of forecasted annual revenues to arrive at the amount of total resources
available to fund enforceable obligations.
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V. 8-27-12
ii. Reduce the amount of total resources available by the amount forecasted for the
annual spending requirements. A negative result indicates the amount of current
unrestricted balances that needs to be retained.
iii. Include the calculation in the AUP report.
Citation:
34179.5(()(3)(E)An itemized list and analysis of any amounts of current balances that are
needed to satisfy obligations that will be placed on the Recognized Obligation Payment
Schedules for the current fiscal vear.
Suggested Procedure(s):
9. If the Successor Agency believes that cash balances as of June 30, 2012 need to be
retained to satisfy obligations on the Recognized Obligation Payment Schedule (ROPS)
for the period of July 1, 2012 through June 30, 2013, obtain a copy of the final ROPS for
the period of July 1, 2012 through December 31, 2012 and a copy of the final ROPS for
the period January 1, 2013 through June 30, 2013. For each obligation listed on the
ROPS, the Successor Agency should add columns identifying (1) any dollar amounts of
existing cash that are needed to satisfy that obligation and (2) the Successor Agency's
explanation as to why the Successor Agency believes that such balances are needed to
satisfy the obligation. Include this schedule as an attachment to the AUP report.
Citation:
34179.5(c)(6) The review shall total the net balances available after deducting the total
amounts described in subparagraphs (I3) to (E), inclusive, of paragraph (5). The review shall
add any amounts that were transferred as identified in paragraphs (2) and(3) of'subdivision
(c) if an enforceable obligation to make that transfer did not exist. The resulting sum shall be
available for allocation to clffected taxing entities pursuant to Section 34179.6 It shall be a
rebuttable presumption that cash and cash equivalent balances available to the successor
agency are available and sufficient to disburse the amount determined in this paragraph to
taxing entities. If the review finds that there are insu ficient cash balances to transfer or that
cash or cash equivalents are specifically, obligated to the purposes described in
subparagraphs (B), (D), and (E) of paragraph (5) in such amounts that there is insufficient
cash to provide the fitll amount determined pursuant to this paragraph, that amount shall be
demonstrated in an additional itemized schedule.
Suggested Procedure(s):
10. Include (or present) a schedule detailing the computation of the Balance Available for
Allocation to Affected Taxing Entities. Amounts included in the calculation should agree
to the results of the procedures performed in each section above. The schedule should
also include a deduction to recognize amounts already paid to the County Auditor-
Controller on July 12, 2012 as directed by the California Department of Finance. The
amount of this deduction presented should be agreed to evidence of payment. The
attached example summary schedule may be considered for this purpose. Separate
schedules should be completed for the Low and Moderate Income Housing Fund and for
all other funds combined (excluding the Low and Moderate Income Housing Fund).
8
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V. 8-27-12
Suggested Procedure(s):
11. Obtain a representation letter from Successor Agency management acknowledging their
responsibility for the data provided to the practitioner and the data presented in the report
or in any attachments to the report. Included in the representations should be an
acknowledgment that management is not aware of any transfers (as defined by Section
34179.5) from either the former redevelopment agency or the Successor Agency to other
parties for the period from January 1, 2011 through June 30, 2012 that have not been
properly identified in the AUP report and its related exhibits. Management's refusal to
sign the representation letter should be noted in the AUP report as required by attestation
standards.
9
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ATTACHMENT 4
AMENDMENT NO. 1
TO AGREEMENT BETWEEN THE CITY OF MOORPARK AND
ROGERS, ANDERSON, MALODY & SCOTT, LLP
FOR INDEPENDENT AUDIT SERVICES
THIS FIRST AMENDMENT TO THE SERVICES AGREEMENT ("First
Amendment"), is made and entered into this day of
, 2012, by and between the City of Moorpark, a municipal
corporation, located in the County of Ventura, State of California, hereinafter
referred to as "CITY" and Rogers, Anderson, Malody & Scott, a limited liability
partnership, hereinafter referred to as "AUDITOR".
WITNESSETH:
WHEREAS, on April 19, 2012, CITY and AUDITOR entered into an Agreement
for professional auditing services for five (5) fiscal years ending June 30, 2012
through fiscal year ending June 20, 2016; and
WHEREAS, on June 27, 2012, the State of California Governor Jerry Brown
approved Assembly Bill 1484 (AB 1484), which includes Section 34179.5 (a)
requiring each successor agency to employ a licensed accountant, approved by
the county auditor-controller and with the experience and expertise in local
government accounting, to conduct a due diligence review to determine the
unobligated balances available for transfer to taxing entities; and
WHEREAS, by October 1, 2012, AB 1484 Section 34179.6 requires each
successor agency to submit to the oversight board, the county auditor-controller,
the Controller and the Department of Finance the results of the review conducted
pursuant to Section 34179.5 for the Low and Moderate Income Housing Fund
and specifically the amount of cash and cash equivalents determined to be
available for allocation to taxing entities; and
WHEREAS, on July 31, 2012, the Ventura County Auditor-Controller's Office
approved our request to engage the AUDITOR to perform the due diligence
review as required by the provisions of AB 1484; and
WHEREAS, the CITY and the AUDITOR wish to amend the Scope of Services
and Payment provisions of the Agreement.
NOW, THEREFORE, in consideration of mutual covenants, benefits, and
premises herein stated, the parties hereto agree to amend the aforesaid
Agreement as follows:
83
I. SCOPE OF SERVICES
Section 2. Scope of Services, is hereby expanded to include the
performance of the due diligence review as prescribed by AB 1484
Sections 34179.5 (c)(1) through 34179.5 (c)(3) and Sections 34179.5
(c)(5) through 34179.5 (c)(6) to be applied separately to the Low and
Moderate Income Housing Fund of the Successor Agency and to all other
funds of the Successor Agency combined; and to issue the reports by the
due dates established by law; as more specifically described in Exhibit A,
as attached hereto and incorporated herein.
II. PAYMENT
Section 5. Payment, is hereby amended to increase the full compensation
to the AUDITOR for services and out-of-pocket expenses by an additional
$20,000, not to exceed $188,000 for the total term of the Agreement.
III. REMAINING PROVISIONS
All other provisions of the aforesaid Agreement shall remain in full force
and effect.
In witness whereof, the parties hereto have executed this First Amendment on
the date and year first above written.
CITY OF MOORPARK ROGERS, ANDERSON,
MALODY & SCOTT, LLP
Steven Kueny Terry Shea
City Manager Partner
Attest:
Maureen Benson, City Clerk
84
OVERSIGHT BOARD TO SUCCESSOR AGENCY ITEM 7.J.
OF THE REDEVELOPMENT AGENCY
OF THE CITY OF MOORPARK MEETING
of
ACTION:
BY:
OVERSIGHT BOARD TO SUCCESSOR AGENCY OF THE
REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK
AGENDA REPORT
TO: Oversight Board to Successor Agency
FROM: David C. Moe II, Redevelopment Manager
DATE: September 13, 2012 (Oversight Board Meeting of September 18,
2012)
SUBJECT: Consider Resolution Authorizing City Manager to Negotiate and
Approve Short Term Lease Agreements for Successor Agency
Property
BACKGROUND & DISCUSSION
Several times a year, a variety of organizations approach the Successor Agency of the
Redevelopment Agency of the City of Moorpark ("Successor Agency") seeking short
term use (usually one or two days) of Successor Agency property. In the past, the
former Redevelopment Agency of the City of Moorpark ("Agency") would enter into a
short term lease agreement with these organizations to utilize the desired property for
parking, staging activities, and/or temporary storage.
The Agency Executive Director had the authority to enter into short term leases.
However, with the elimination of redevelopment agencies by the State of California, it is
unclear if this authority transfers to the Successor Agency. Staff is requesting the
Successor Agency concur with granting the City Manager the authority to negotiate and
execute short term lease agreements for Successor Agency property.
FISCAL IMPACT
No expenditures, but is projected to result in revenue from short term leases. Any such
revenue would be distributed to the taxing entities.
STAFF RECOMMENDATION
Adopt Resolution No. 013-2012- concurring to authorize the City Manager to
negotiate and execute short term lease agreements for Successor Agency property.
ATTACHMENT I: Draft Resolution
85
Attachment
RESOLUTION NO. OB-2012-
A RESOLUTION OF THE OVERSIGHT BOARD TO THE
SUCCESSOR AGENCY OF THE REDEVELOPMENT
AGENCY OF THE CITY OF MOORPARK, CALIFORNIA,
FOR THE REGULAR MEETING OF SEPTEMBER 18, 2012,
CONCURRING TO AUTHORIZE THE CITY MANAGER TO
NEGOTIATE AND EXECUTE SHORT TERM LEASE
AGREEMENTS FOR SUCCESSOR AGENCY PROPERTY
WHEREAS, Section 34179 (e) of the Health and Safety Code requires all actions
taken by the Oversight Board of the Successor Agency of the City of Moorpark be
adopted by resolution; and
WHEREAS, at the regular meeting of September 18, 2012, the request to
authorize the City Manager to negotiate and execute short term lease agreements for
Successor Agency property was submitted to the Oversight Board for approval (Agenda
Item 7.J.).
NOW, THEREFORE, THE OVERSIGHT BOARD TO THE SUCCESSOR
AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Concur with authorizing the City Manager to negotiate and
execute short term lease agreements for Successor Agency property.
SECTION 2. The City Clerk shall certify to the adoption of this resolution and
shall cause a certified resolution to be filed in the book of original resolutions.
PASSED AND ADOPTED this day of , 2012.
Bruce Hamous, Chairperson
ATTEST:
Maureen Benson, City Clerk
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