HomeMy WebLinkAboutAG RPTS 2012 1016 OB REG Resolution No. OB-2012-18
OVERSIGHT BOARD TO THE SUCCESSOR AGENCY
OF THE REDEVELOPMENT AGENCY
OF THE CITY OF MOORPARK
REGULAR MEETING AGENDA
TUESDAY, OCTOBER 16, 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:
(Pursuant to Oversight Board Rules of Procedure,Section 2.9,Items to be withdrawn from the
Consent Calendar shall be identified at this time.)
6. PRESENTATION/ACTION DISCUSSION:
A. Consider a Public Comment Session to Consider Resolution Receivinq
Independent Accountant's Report on Applying Agreed-Upon Procedures for
Due Diligence Review Pursuant to Health and Safety Code Section 34179.5
for the Low and Moderate Income Housing Fund and Setting Date for
Consideration of Approval. Staff Recommendation: 1) Hold a public
comment session on the Independent Accountant's Report; and 2) Adopt
Resolution No. 013-2012-_, receiving the Report and setting a date to
consider approval. (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.mooreark.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
October 16, 2012
Page 2
6. PRESENTATION/ACTION/DISCUSSION: (continued)
B. Consider Resolution Adopting the Modified Recognized Obligation Payment
Schedule (ROPS III) for January 1 , 2013 to June 30, 2013. 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 [Health and Safety Code, Section 34177(k)(2)(C)]. ROLL CALL
VOTE REQUIRED (Staff: Ron Ahlers)
7. CONSENT CALENDAR:
A. Consider Resolution Approving the Minutes of Special Meeting of July 17,
2012. Staff Recommendation: Adopt Resolution No. OB-2012-_.
B. Consider Resolution Approving Minutes of Special Meeting of August 28,
2012. Staff Recommendation: Adopt Resolution No. OB-2012-_.
C. Consider Resolution Approving Minutes of Regular Meeting of September
18, 2012. Staff Recommendation: Adopt Resolution No. OB-2012-_.
D. Consider Resolution Authorizing Agreement between the Successor Agency
of the Redevelopment Agency of the City of Moorpark and Mike's Handyman
Service for Property Maintenance at Various Properties. Staff
Recommendation: Adopt Resolution No. OB-2012-_. (Staff: David Moe)
E. Consider Resolution Authorizing Agreement between the Successor Agency
of the Redevelopment Agency of the City of Moorpark and R.A.Atmore Inc.
for Weed Abatement at Various Properties. Staff Recommendation: Adopt
Resolution No. OB-2012-_. (Staff: David Moe)
F. Consider Resolution Cancelling the November 20, 2012, Regular Oversight
Board Meeting. Staff Recommendation: Adopt Resolution No. OB-2012
(Staff: David Moe)
Regular Meeting of the Oversight Board to the
Successor Agency of the Redevelopment Agency
of the City of Moorpark
October 16, 2012
Page 3
8. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS:
A. Announcements.
B. Future Agenda Items.
9. ADJOURNMENT:
Dated: October 12, 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 II).
Regular Meeting of the Oversight Board to the
Successor Agency of the Redevelopment Agency
of the City of Moorpark
October 16, 2012
Page 4
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 of the Successor Agency of the Redevelopment Agency of the City of
Moorpark to be held Tuesday, October 16, at 3:30 p.m. in the Council Chambers of the
Moorpark Community Center, 799 Moorpark Avenue, Moorpark, California, was posted on
October 12, 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 October 12, 2012.
Maureen Benson, City Clerk
OVERSIGHT BOARD TO SUCCESSOR AGENCY
OF THE REDEVELOPMENT AGENCY
OF THE CITY OF MOORPARK MEETING
of /0-/6 -aoi. _ ITEM 6.A.
ACTION:
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: October 10, 2012 (Oversight Board Meeting October 16, 2012)
SUBJECT: Consider a Public Comment Session to Consider Resolution
Receiving Independent Accountant's Report on Applying Agreed-
Upon Procedures for Due Diligence Review Pursuant to Health and
Safety Code Section 34179.5 for the Low and Moderate Income
Housing Fund and Setting Date for Consideration of Approval
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 the Independent Accountant's Report on
Applying Agreed-Upon Procedures for Due Diligence Review Pursuant to Health and
Safety Code Section 34179.5 for the Low and Moderate Income Housing Fund from
Rogers, Anderson, Malody & Scott, LLP (RAMS).
Staff is requesting the Oversight Board hold a public comment session and consider the
attached Resolution to receive this report and set another meeting at least five business
days from this meeting to hold the approval vote of this report.
DISCUSSION
The attached report is only for the Low and Moderate Income Housing Fund of the
former Redevelopment Agency of the City of Moorpark (Agency). The report notes no
issues and states:
According to the Successor Agency Officials, no assets from the Low and
Moderate Income Housing Fund were transferred to the Successor
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Oversight Board to the Successor Agency
October 16, 2012
Page 2
Agency as of February 1, 2012. All assets of the former redevelopment
agency's Low and Moderate Income Housing Fund were transferred to the
City of Moorpark as the Housing Successor since those assets qualified
as Housing Assets in accordance to H&S Code Section 34176 (e).
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
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
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Oversight Board to the Successor Agency
October 16, 2012
Page 3
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
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,
3
Oversight Board to the Successor Agency
October 16, 2012
Page 4
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
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.
4
Oversight Board to the Successor Agency
October 16, 2012
Page 5
(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
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.
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Oversight Board to the Successor Agency
October 16, 2012
Page 6
(j) 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
None.
STAFF RECOMMENDATION
1. Hold a public comment session on the Independent Accountant's Report on
Applying Agreed-Upon Procedures for Due Diligence Review Pursuant to Health and
Safety Code Section 34179.5 for the Low and Moderate Income Housing Fund
2. Adopt Resolution No. OB-2012- receiving the report and setting a date to
consider approval.
Attachments:
1. Resolution No. 06-2012-
2. Independent Accountant's Report on Applying Agreed-Upon Procedures for Due
Diligence Review Pursuant to Health and Safety Code Section 34179.5 for the
Low and Moderate Income Housing Fund
6
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
OCTOBER 16, 2012, RECEIVING INDEPENDENT ACCOUNTANT'S
REPORT ON APPLYING AGREED-UPON PROCEDURES FOR DUE
DILIGENCE REVIEW PURSUANT TO HEALTH AND SAFETY CODE
SECTION 34179.5 FOR THE LOW AND MODERATE INCOME
HOUSING FUND AND SETTING THE DATE FOR CONSIDERATION
OF APPROVAL
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 October 16, 2012 the Independent Accountant's Report on
Applying Agreed-Upon Procedures for Due Diligence Review Pursuant to Health and
Safety Code Section 34179.5 for the Low and Moderate Income Housing Fund was
submitted to the Oversight Board for its review (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 Independent Accountant's Report on Applying Agreed-Upon
Procedures for Due Diligence Review Pursuant to Health and Safety Code Section
34179.5 for the Low and Moderate Income Housing Fund is hereby received,
SECTION 2. The Oversight Board held a public comment session on the
Independent Accountant's Report on Applying Agreed-Upon Procedures for Due
Diligence Review Pursuant to Health and Safety Code Section 34179.5 for the Low and
Moderate Income Housing Fund.
SECTION 3. The date of , 2012 is hereby set for the consideration of
the approval of the Independent Accountant's Report on Applying Agreed-Upon
Procedures for Due Diligence Review Pursuant to Health and Safety Code Section
34179.5 for the Low and Moderate Income Housing Fund.
SECTION 4. 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.
7
PASSED AND ADOPTED this 16th day of October, 2012.
Bruce Hamous, Chair
ATTEST:
Maureen Benson, City Clerk
8
PURSUANT TO THE STATE OF CALIFORNIA
HEALTH AND SAFETY CODE SECTION 34179.5
CITY OF MOORPARK AS THE SUCCESSOR AGENCY OF THE
REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK
INDEPENDENT ACCOUNTANT'S REPORT
ON APPLYING AGREED-UPON PROCEDURES
9
REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK
DUE DILIGENCE REVIEW PURSUANT H&S CODE SECTION 34179.5
LOW AND MODERATE INCOME HOUSING FUND AGREED-UPON PROCEDURES
TABLE OF CONTENTS
Independent Accountant's Report on Applying Agreed-Upon Procedures.....................................................................1
Attachment A: Agreed-Upon Procedures .......................................................................................................................2
Attachment2.A .............................................................................................................................................................16
i
10
MMROGERS,ANDERSON, MALODY& SCOTT, LLP
IMECERTIFIED PUBLIC ACCOUNTANTS,SINCE 1948
735 E.Carnegie Dr. Suite 100 Oversight Board of the Successor Agency for the
Sara Bernardino,CA 92408 Redevelopment Agency of the City of Moorpark
909 889 0871 r
909 809 Sabi r 799 Moorpark Ave.
ramscpa.net Moorpark, CA 93021
„-„;,,, 0;.._.,_,4 M; f INDEPENDENT ACCOUNTANT'S REPORT
"1,: ,, ON APPLYING AGREED-UPON PROCEDURES
xn!(A
We have performed the minimum required agreed-upon procedures enumerated in
PA,t IS I Attachment"A", which were agreed to by the Oversight Board of the Successor Agency
for the Redevelopment Agency of the City of Moorpark, the California State Controller's
,.! �k -d+ Office and the State of California Department of Finance (Agencies) solely to assist you
to determine the Low and Moderate Income Housing Fund unobligated balances
IAra.G>-R!,, 1; available for transfer to taxing entities complying with statutory requirements pursuant
CPA,MBA' to the California Health and Safety Code section 34179.5. Management of the
Successor Agency is responsible for the accounting records pertaining to statutory
_. compliance pursuant to Health and Safety Code section 34182(a)(1).
rlit4 This agreed-upon procedures engagement was conducted in accordance with
'? attestation standards established by the American Institute of Certified Public
C ""' ``'`' Accountants. The sufficiency of these procedures is solely the responsibility of those
' t parties specified in the report. Consequently, we make no representation regarding the
S ,r. 1
H : ;; sufficiency of the procedures described below either for the purpose for which this
„ ,,_,, CPA,MR 1, report has been requested or for any other purpose.
The scope of this engagement was limited to performing the minimum required agreed-
upon procedures as set forth in Attachment"A” along with the findings noted as a result
of the procedures performed.
We were not engaged to and did not conduct an audit, the objective of which would be
the expression of an opinion as to the appropriateness of the results summarized after
each procedure in Attachment "A". Accordingly, we do not express such an opinion.
Had we performed additional procedures, other matters might have come to our
attention that would have been reported to you.
This report is intended solely for the information and use of the applicable Agencies,
and is not intended to be, and should not be used by anyone other than these specified
parties. This restriction is not intended to limit distribution of this report, which is a
1> matter of public record.
if-St:,k,te
��ueJ tnd"0 S07r L L16
October 10, 2012
S I-ABIL11-Y. ACCURACY. TRUST. I Z
REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK
DUE DILIGENCE REVIEW PURSUANT H&S CODE SECTION 34179.5
LOW AND MODERATE INCOME HOUSING FUND AGREED-UPON PROCEDURES Attachment A
Purpose: To determine the unobligated balances available for transfer to taxing entities of the Low and
Moderate Income Housing Fund. [Health and Safety Code section 34179.5]
Citation: 34179.5(c)(1) The dollar value of assets transferred from the former redevelopment agency to the
successor agency on or about February 1, 2012.
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.
Results:
According to the Successor Agency Officials, no assets from the Low and Moderate Income Housing Fund
were transferred to the Successor Agency as of February 1, 2012. All assets of the former redevelopment
agency's Low and Moderate Income Housing Fund were transferred to the City of Moorpark as the Housing
Successor since those assets qualified as Housing Assets in accordance to H&S Code Section 34176(e).
2
12
REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK
DUE DILIGENCE REVIEW PURSUANT H&S CODE SECTION 34179.5
LOW AND MODERATE INCOME HOUSING FUND AGREED-UPON PROCEDURES Attachment A
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 formed the redevelopment agency and the purpose of each transfer. The review shall provide
documentation of any enforceable obligation that required the transfer.
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.
Results:
We obtained 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 described the purpose of the transfer and
described in what sense the transfer was required by one of the Successor Agency's enforceable
obligations or other legal requirements.
See Attachment 2.A for listing of transfers prepared by the Successor Agency.
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.
Results:
According to Successor Agency Officials, there were no assets transferred from the Successor
Agency to the City or County for the period from February 1, 2012 through June 30, 2012. The
Successor Agency did not receive any assets from the Low and Moderate Income Housing Fund
of the former redevelopment agency.
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.
Results:
See Attachment 2.A for results of this section.
3
13
REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK
DUE DILIGENCE REVIEW PURSUANT H&S CODE SECTION 34179.5
LOW AND MODERATE INCOME HOUSING FUND AGREED-UPON PROCEDURES Attachment A
Citation: 34179.5(c)(3) The dollar value of any cash or cash equivalents transferred after January 1, 2011,
through June 30, 2012, by the redevelopment agency or the successor agency to any 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.
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:
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.
Results.
According to Successor Agency Officials, there were no assets of the Low and Moderate Income
Housing Fund transferred 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.
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.
Results:
According to Successor Agency Officials, there were no assets transferred from the Successor
Agency to any other public agency or to private parties for the period from February 1, 2012
through June 30, 2012.
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.
Results:
Procedure not performed since the Successor Agency did not identify any transfers to other public
agencies or private parties for the period from January 1, 2011 through June 30, 2012.
4
14
REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK
DUE DILIGENCE REVIEW PURSUANT H&S CODE SECTION 34179.5
LOW AND MODERATE INCOME HOUSING FUND AGREED-UPON PROCEDURES Attachment A
Citation: 34179.5(c)(4) The review shall provide expenditure and revenue accounting information and identify
transfers 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.
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.
Results:
Procedure 4 pertains to the Successor Agency as a whole, these procedures are to be addressed and
presented in the report due on December 15, 2012.
5
15
REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK
DUE DILIGENCE REVIEW PURSUANT H&S CODE SECTION 34179.5
LOW AND MODERATE INCOME HOUSING FUND AGREED-UPON PROCEDURES Attachment A
Citation: 34179.5(c)(5) A separate accounting for the balance for the Low and Moderate Income Housing Fund
for all other funds and accounts combined shall be made as follows:
(A)A statement of the total value of each fund as of June 30, 2012.
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.
Results:
According to Successor Agency Officials, there were no assets transferred from the Low and Moderate Income
Housing Fund of the former redevelopment agency to the Successor Agency on February 1, 2012. All assets of
the former redevelopment agency's Low-Mod Income Housing Fund were transferred to the City of Moorpark
as the Housing Successor.
6
16
REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK
DUE DILIGENCE REVIEW PURSUANT H&S CODE SECTION 34179.5
LOW AND MODERATE INCOME HOUSING FUND AGREED-UPON PROCEDURES Attachment A
Citation: 34179.5(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 any bonds, grant funds, or funds
provided by other governmental entities that place conditions on their use.
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.
Results:
According to Successor Agency Officials, there were no "Unspent bond proceeds" from the former
Low and Moderate Income Housing Fund held by the Successor Agency at June 30, 2012.
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.
Results:
According to Successor Agency Officials, there were no "Grants proceeds or program income" from
the former Low and Moderate Income Housing Fund held by the Successor Agency at June 30, 2012.
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.
Results:
According to Successor Agency Officials, there were no "Other assets considered to be legally
restricted"from the former Low and Moderate Income Housing Fund held by the Successor Agency at
June 30, 2012.
7
17
REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK
DUE DILIGENCE REVIEW PURSUANT H&S CODE SECTION 34179.5
LOW AND MODERATE INCOME HOUSING FUND AGREED-UPON PROCEDURES Attachment A
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.
Results:
The Successor Agency did not prepare schedules related to procedures 6.A, 6.B, and 6.C, as there were no
assets held by the Successor Agency from the former Low and Moderate Income Housing Fund of the former
redevelopment agency at June 30, 2092.
8
18
REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK
DUE DILIGENCE REVIEW PURSUANT H&S CODE SECTION 34179.5
LOW AND MODERATE INCOME HOUSING FUND AGREED-UPON PROCEDURES Attachment A
Citation: 34179.5(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 be valued at purchase cost or at any recently estimated market value. The
statement shall list separately housing-related assets.
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.
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.
Results:
Procedures 7.A, 7.B, 7.C, or 7.D are not applicable since the Successor Agency did not hold any assets from
the Low and Moderate Income Housing Fund of the former redevelopment agency at June 30, 2012.
9
19
REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK
DUE DILIGENCE REVIEW PURSUANT H&S CODE SECTION 34179.5
LOW AND MODERATE INCOME HOUSING FUND AGREED-UPON PROCEDURES Attachment A
Citation: 34179.5(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. If a review finds that future revenues
together with dedicated or restricted balances are insufficient to fund future obligations and thus retention of
current balances is required, it shall identify the amount of current balances necessary for retention. The review
shall also detail the projected 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 payments of the
successor agency, for the period in which the oversight board anticipates the successor agency will have
insufficient property tax revenue to pay the specified obligations.
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.
Results:
Procedure 8.A is not applicable since the Successor Agency did not hold any assets from the Low
and Moderate Income Housing Fund of the former redevelopment agency at June 30, 2012.
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 unable to provide appropriate
restricting language in the legal document associated with the enforceable obligation.
10
20
REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK
DUE DILIGENCE REVIEW PURSUANT H&S CODE SECTION 34179.5
LOW AND MODERATE INCOME HOUSING FUND AGREED-UPON PROCEDURES Attachment A
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:
Results:
Procedure 8.B is not applicable since the Successor Agency did not hold any assets from the Low
and Moderate Income Housing Fund of the former redevelopment agency at June 30, 2012.
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.
Results:
The procedure is not applicable as there are no Low and Moderate Income Housing Bonds issued
and outstanding at June 30, 2012.
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.
11
21
REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK
DUE DILIGENCE REVIEW PURSUANT H&S CODE SECTION 34179.5
LOW AND MODERATE INCOME HOUSING FUND AGREED-UPON PROCEDURES Attachment A
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.
Results:
The procedure is not applicable since procedures 8.A, 8.B, or 8.0 were not performed.
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.
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.
12
22
REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK
DUE DILIGENCE REVIEW PURSUANT H&S CODE SECTION 34179.5
LOW AND MODERATE INCOME HOUSING FUND AGREED-UPON PROCEDURES Attachment A
Citation: 34179.5(c)(5)(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
year.
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.
Results:
Procedure 9 is not applicable since the Successor Agency did not hold any"cash balances"from the Low and
Moderate Income Housing Fund of the former redevelopment agency at June 30, 2012.
13
23
REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK
DUE DILIGENCE REVIEW PURSUANT H&S CODE SECTION 34179.5
LOW AND MODERATE INCOME HOUSING FUND AGREED-UPON PROCEDURES Attachment A
Citation: 34179.5(c)(6) The review shall total the net balances available after deducting the total amounts
described in subparagraphs(B) 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 affected 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 insufficient 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 full amount determined pursuant to this paragraph, that
amount shall be demonstrated in an additional itemized schedule.
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).
Results.
We have included a schedule (prepared by the Successor Agency) detailing the computation of the Balance
Available for Allocation to Affected Taxing Entities from the Low and Moderate Income Housing Fund. We agreed
amounts included in the calculation to the results of the procedures performed in each section of the report
referenced in the calculation. The schedule does not contain a payment to the County Auditor-Controller on July 12,
2012 as directed by the California Department of Finance because the Low and Moderate Income Housing Fund of
the Successor Agency was not required to make such payment.
SUMMARY OF BALANCES AVAILABLE FOR ALLOCATION TO AFFECTED TAXING ENTITIES
Total amount of assets held by the successor agency as of June 30,2012(procedure 5) $ -
Add:the amount of any assets transferred to the city or other parties for which an enforceable obligation
with a third party requiring such transfer and obligating the use of the transferred assets did not exist -
(procedures 2 and 3)
Less:assets legally restricted for uses specified by debt covenants,grant restrictions,or restrictions
imposed by other governments(procedure 6)
Less:assets that are not cash or cash equivalents(e.g.,physical assets)(procedure 7) -
Less:balances that are legally restricted for the funding of an enforceable obligation(net of projected
annual revenues available to fund those obligations)(procedure 8)
Less:balances needed to satisfy ROPS for the 2012-13 fiscal year(procedure 9) -
Less:the amount of payments made on July 12,2012 to the County Auditor-Controller as directed by the
California Department of Finance
Amount to be remitted to the County for disbursement to taxing entities $
14
24
REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK
DUE DILIGENCE REVIEW PURSUANT H&S CODE SECTION 34179.5
LOW AND MODERATE INCOME HOUSING FUND AGREED-UPON PROCEDURES Attachment A
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.
Results:
We obtained a representation letter dated October 10, 2012 from the Successor Agency's management
acknowledging their responsibility for the data provided to us and the data presented in the report and in all
attachments to the report. Included in the representations there is 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 Agreed-upon procedures report and its related exhibits.
15
25
REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK
DUE DILIGENCE REVIEW PURSUANT H&S CODE SECTION 34179.5
LOW AND MODERATE INCOME HOUSING FUND AGREED-UPON PROCEDURES
Attachment 2.A
Transfers 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
Assets Transferred Transfer Date Purpose Recipient Legal Requirement Total Amount Procedure 2.0 Results
Transferred
The City of Moorpark elected to be the Housing Successor obtaining
Encumbered Cash 1!31/2012 To transfer Housing Asset to City of Moorpark as H&S Section 34176 $ 11750 rights to keep the housing assets in the Low-Mod Fund of the former
,
Housing Successor Housing Successor redevelopment agency.Per City Officials,the asset qualifies as a Housing
Asset in accordance to the definition of the H&S Code Section 34176.
The City of Moorpark elected to be the Housing Successor obtaining
Accounts Receivable 1/31/2012 To transfer Housing Asset to City of Moorpark as H&S Section 34176 $ 4,108 rights to keep the housing assets in the Law-Mod Fund of the former
Housing Successor Housing Successor redevelopment agency.Per City Officials,the asset qualifies as a Housing
Asset in accordance to the definition of the H&S Code Section 34176.
The City of Moorpark elected to be the Housing Successor obtaining
Loan Receivable 1/31/2012 To transfer Housing Asset to City of Moorpark as H&S Section 34176 $ 600,000 rights to keep the housing assets in the Low-Mod Fund of the former
Housing Successor Housing Successor redevelopment agency.Per City Officials,the asset qualifies as a Housing
Asset in accordance to the definition of the H&S Code Section 34176.
The City of Moorpark elected to be the Housing Successor obtaining
To transfer Housing Asset to City of Moorpark as rights to keep the housing assets in the Low-Mod Fund of the former
Loan Receivable Deferred 1/31/2012 Housing Successor Housing Successor H&S Section 34176 $ 1,176,500 redevelopment agency.Per City Officials,the asset qualifies as a Housing
Asset in accordance to the definition of the H&S Code Section 34176.
The City of Moorpark elected to be the Housing Successor obtaining
Rehabilitation Loans 1/31/2012 To transfer Housing Asset to City of Moorpark as H&S Section 34176 $ 16,383 rights to keep the housing assets in the Low-Mod Fund of the former
Housing Successor Housing Successor redevelopment agency.Per City Officials,the asset qualifies as a Housing
Asset in accordance to the definition of the H&S Code Section 34176.
The City of Moorpark elected to be the Housing Successor obtaining
Land Held for Resale 1/3112012 To transfer Housing Asset to City of Moorpark as H&S Section 34176 $ 8,213,770 rights to keep the housing assets in the Low-Mod Fund of the former
Housing Successor Housing Successor redevelopment agency.Per City Officials,the asset qualifies as a Housing
Asset in accordance to the definition of the H&S Code Section 34176.
16
N
OVERSIGHT BOARD TO SUCCESSOR AGENCY
OF THE REDEVELOPMENT AGENCY
OF THE CITY OF MOORPARK MEETING
of /o -/b -ao.A ITEM 6.13.
ACTION: A-
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 6-9—
DATE: October 11, 2012 (Oversight Board Meeting October 16, 2012)
SUBJECT: Consider Resolution Adopting the Modified Recognized Obligation
Payment Schedule (ROPS III) for January 1, 2013 to June 30, 2013
SUMMARY
AB 1484, signed by the Governor on June 27, 2012, requires that by September 1,
2012 the Successor Agency shall submit an Oversight Board approved Recognized
Obligation Payment Schedule (ROPS) for January 1, 2013 to June 30, 2013.
On August 28, 2012 the Oversight Board approved the ROPS III for January 1, 2013 to
June 30, 2013. Staff electronically submitted the signed ROPS to the DOF and other
parties. Staff also posted the ROPS III to the City's website. The State has not
responded to the ROPS III submittal as of this date.
Staff is requesting a modification to the ROPS III. Staff has increased the amount for
the Due Diligence Review from $10,000 to $20,000 (Page 3, item 22). Staff has added
the anticipated retention amounts for the vendors constructing the Ruben Castro
Human Services Center (RCHSC). These amounts were not on the original ROPS III
submittal. These are listed on page 3 as items 23-41. The 2006 bond proceeds are
paying for the RCHSC. The estimated amount is $1,017,000.
Staff is requesting the Oversight Board consider the attached Resolution to adopt the
revised ROPS III for January 1, 2013 to June 30, 2013.
DISCUSSION
This is the third ROPS the Oversight Board is being requested to approve. This ROPS
form will yield ZERO CASH to the Successor Agency for the time period January 1,
2013 to June 30, 2013. As a reminder the County Auditor-Controller disburses the
27
Oversight Board to the Successor Agency
October 16, 2012
Page 2
funds on January 2nd and June 1St each year. The Successor Agency will not receive
any funds on January 2, 2013.
The summary page shows that we are requesting $1,017,000 from the bond proceeds
and $2,276,968 (Total Current Period Outstanding Debt or Obligation) for the
Redevelopment Property Tax Trust Fund (RPTTF). However, the reconciliation
between what the Successor Agency received in December 2011 and the expenses
paid from January 1, 2012 to June 30, 2012 show a surplus of $2,292,545 (line J).
Therefore, the net RPTTF request is a negative $15,577 (line K). Therefore, we shall
receive ZERO CASH.
The Moorpark Redevelopment Agency (MRA) usually operated in arrears with regard to
its expenses. At the beginning of each fiscal year the City of Moorpark (City) would loan
the MRA $5 million to keep it on a positive cash-flow. MRA essentially used the
December tax increment to pay the October bond payment and the April tax increment
to pay the March bond payment.
During December 2011 and January 2012 the Successor Agency received $3,366,645
(line G) in "tax increment". This money was really spent on the bond payment for
October 2011. However, the law (AB 26 and AB 1484) states that this money is to be
used for future expenses (January 1, 2012 through June 30, 2012). The actual
expenses for the ROPS for January 1, 2012 through June 30, 2012, were $824,100
(Line H) and for the Administrative Cost Allowance $250,000 (Line 1).
In order to rectify this situation we may have to create an "enforceable obligation"
whereby the County of Ventura or the City loans the Successor Agency money in order
to make the March 2013 bond payment. This additional "enforceable obligation" should
catch us up on a cash basis with the ROPS and the cash disbursements from the
County Auditor-Controller.
AB 1484 requires this ROPS to be approved and submitted to the Department of
Finance (DOF) and the State Controller's Office (SCO). Additionally, AB 1484 requires
this proposed ROPS be submitted to the County CEO, County Auditor-Controller and,
DOF at the same time it is submitted to the Oversight Board [Health and Safety Code,
section 34177(k)(2)(B)].
ROPS Definition
As a reminder, the ROPS is defined in the Health and Safety Code, section 34171(h):
Recognized Obligation Payment Schedule" means the document
setting forth the minimum payment amounts and due dates of
payments required by enforceable obligations for each six-month
fiscal period as provided in subdivision (m) of Section 34177.
An "enforceable obligation" is defined per the Health and Safety Code, section
34171(d)(1), an enforceable obligation means
28
Oversight Board to the Successor Agency
October 16, 2012
Page 3
A. Bonds
B. Loans
C. Payments required by the federal government or the state
D. Judgments or settlements
E. Any legally binding and enforceable agreement or contract
F. Contracts or agreements necessary for the administration or operation of the
successor agency (i.e. employee pay and benefits, rent, insurance, office
supplies, etc.)
G. Amounts borrowed from, or payments owing to, the Low and Moderate Income
Housing Fund
Section 34177.3(b) states:
Successor agencies may create enforceable obligations to conduct the
work of winding down the redevelopment agency, including hiring staff,
acquiring necessary professional administrative services and legal
counsel, and procuring insurance.
FISCAL IMPACT
The Successor Agency is limited to spending resources as they are listed on the ROPS.
The Successor Agency had enough funds to make the bond payment for October 1,
2012. However, with this ROPS submittal the Successor Agency will receive ZERO
CASH. Staffs estimate is that there will be insufficient cash of about $1,916,000 in the
Successor Agency funds for the January— June 2013 period.
STAFF RECOMMENDATION (ROLL CALL VOTE)
1. Adopt Resolution No. 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 [Health and Safety Code, section 34177(k)(2)(C)].
Attachments:
1. Resolution No. 2012-
2. ROPS III for January 1, 2013 to June 30, 2013, dated October 16, 2012
29
Attachment 1
RESOLUTION NO. 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
OCTOBER 16, 2012, ADOPTING THE MODIFIED RECOGNIZED
OBLIGATION PAYMENT SCHEDULE FOR JANUARY 1, 2013 TO
JUNE 30, 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 October 16, 2012 the recommended Recognized Obligation
Payment Schedule for January 1, 2013 to June 30, 2013 was submitted to the
Oversight Board for its review and consideration (Agenda Item 6.13.).
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 Modified Recognized Obligation Payment Schedule for
January 1, 2013 to June 30, 2013 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 16th day of October, 2012.
Bruce Hamous, Chair
ATTEST:
Maureen Benson, City Clerk
30
ATTACHMENT 2
Successor Agency Contact Information
Name of Successor Agency: City of Moorpark
County: Ventura
Primary Contact Name: David C. Moe II
Primary Contact Title: Redevelopment Manager
Address 799 Moorpark Avenue, Moorpark, CA
Contact Phone Number: 805.517.6217
Contact E-Mail Address: dmoe(M-ci.moorpark.ca.us
Secondary Contact Name: Ron Ahlers
Secondary Contact Title: Finance Director
Secondary Contact Phone Number: 805.517.6249
' Secondary Contact E-Mail Address: rahlersCa-_)ci.moorpark.ca.us
m
SUMMARY OF RECOGNIZED OBLIGATION PAYMENT SCHEDULE
Filed for the January 1, 2013 to June 30, 2013 Period
Name of Successor Agency: City of Moorpark
Total Outstanding
Debt or Obligation
Outstanding Debt or Obligation $ 60,662,599
Current Period Outstanding Debt or Obligation Six-Month Total
A Available Revenues Other Than Anticipated RPTTF Funding 1,017,0010
B Enforceable Obligations Funded with RPTTF 2,151,968
C Administrative Allowance Funded with RPTTF 1251'000,
D Total RPTTF Funded B + C = D 2,276,968'
Total Current Period Outstanding Debt or Obligation (A+ B + C = E) Should be same amount as ROPS form six-month total $ 3,293,968
E Enter Total Six-Month Anticipated RPTTF Funding 2,300,000
F Variance (D - E = F) Maximum RPTTF Allowable should not exceed Total Anticipated RPTTF Funding $ 23,032
Prior Period (January 1, 2012 through June 30, 2012) Estimated vs. Actual Payments (as required in HSC section 34186(a))
G Enter Estimated Obligations Funded by RPTTF (Should be the same amount as RPTTF approved by Finance, including admin allowance) 3,366,645
H Enter Actual Obligations Paid with RPTTF 824,100
1 Enter Actual Administrative Expenses Paid with RPTTF 250,000
J Adjustment to Redevelopment Obligation Retirement Fund G - H + I = J 2,292,545
K Adjustment to RPTTF $ (15,577.00)
Certification of Oversight Board Chairman: Bruce Hamous Chairperson
Pursuant to Section 34177(m)of the Health and Safety code, Name Title
I hereby certify that the above is a true and accurate Recognized
Obligation Payment Schedule for the above named agency.
Signature Date
N
M
Name of Successor Agency: City of Moorpark
County: Ventura Oversight Board Approval Date: October 16,2012
RECOGNIZED OBLIGATION PAYMENT SCHEDULE(ROPS III)
January 1,2013 through June 30,2013
Funding Source
Contract/Agreement Contract/Agreement Total Total Due During
Outstanding Debt Fiscal Year Bond Reserve Admin
Item# Project Name/Debt Obligation Execution Date Termination Date Payee Description/Project Scope Project Area or Obligation 2012-13 LMIHF Proceeds Balance Allowance RPTTF Other Six-Month Total
Grand Total $ 60,662,599 $ 5;123,168 $ $ 1,017,000 $ $ 125,000 $ 2,151,968 $ $ 3293,968
1 1999 Tax Allocation Bonds 05/01/1999 Bank of New York Bond Principal&Interest Payments MRP 6,030,082.00 771,100.00 771,100.00 771;100
2 2001 Tax Allocation Bonds 12/12/2001 Bank of New York Bond Principal&Interest Payments MRP 20,359,572.00 600,874.00 600,874.00 '.600,874
3 2006 Tax Allocation Bonds 12113/2006 Bank of New York Bond Principal&Interest Payments MRP 23,545,793.00 543,994.00 543,994.00 543,994.
4 Bond Trustee 05/0111999 Bank of New York Trustee services MRP 10,000.00 10,000.00 10,000.00 10,000.E
5 Bond Disclosures 04/12/2007 Urban Futures Bond Disclosure MRP 10,000.00 10,000.00 10,000.00 10,000
6 Bond Arbitrage Calks 10/13/2009 Bond Lo isbx Bond Arbitrage Calks MRP 10,000.00 10,000.00 10,000.00 10;000
7 High Street Fueling Station TBD Removal of underground storage tanks MRP 200,000.00 200,000.00 200,000.00 200;000
8 Property Maintenance Mike's Handy Man Service Property Maintenance MRP 12,000.00 12,000.00 6,000.00 6000
9 Salary and Benefits Employees Salary and Benefits MRP 195,250.00 195,250.00 77,625 77;625.
10 Office Supplies varies Office Supplies MRP 1,000.00 1,000.00 500 500.
11 Publications/Subscri lion varies Publications/Subscription MRP 250.00 250.00 125 125`.
12 Mileage Reimbursement Employees Mileage Reimbursement MRP 250.00 250.00 125 125'
13 Postage U.S.Postal Service/Fed Ex Postage MRP 250.00 250.00 125 125
14 Printin g PostNet and varies Printing MRP 250.00 250.00 125 125
15 Advertising varies Advertising MRP 250.00 250.00 125 125".
16 Contractual Services varies Contractual Services MRP 10,000.00 10,000.00 5,000 - ".5.000
17 Office Equipment Maintenance varies Office Equipment Maintenance MRP 500.00 500.00 250 1 250
18 Legal Counsel Burke Williams Sorensen Legal Services MRP 12,000.00 12,000.00 6,000 '-6.000
19 Record Oversight Board Meetings Reel Life Pictures Record Oversight Board Meefings MRP 12,000.00 12,000.00 6,000 6000
20 Oversight Board Packets PostNet Printing Oversight Committee packets MRP 6,000.00 6,000.00 3,000 '3,0100
21 Oversight Board Legal Counsel TBD Legal Services for Oversight Board MRP 12,000.00 12,000.00 6,000 6,000
22 Due Diligence Review per AB1484 RAMS,CPA Due Diligence Review per AB1484 MRP 20,000.00 20,000 20,000 20,000
23 Ruben Castro Human Services Center 3/212006 HMC Architects Architect MRP 182,000.00 10,000 10,000 ��]2,000 000.
24 Ruben Castro Human Services Center 7272011 RJR Engineering Civil Engineering MRP 23,000.00 5,000 5,000 000
25 Ruben Castro Human Services Center 2232011 Jensen Design&Survey Survey Services MRP 41,300.00 2,000 2,000
26 Ruben Castro Human Services Center 2252011 Vertical V-BTC Labs Soils&Steel Inspections MRP 178,000.00 9,000 5,000 5,000.
27 Ruben Castro Human Services Center 6/22008 Barnhart Balfour Beatty Construction Management MRP 908,152.00 136,200 10,000 '..10,000
28 Ruben Castro Human Services Center 622011 K y Spangler Project Administration MRP 31,200.00 15,600 2,000 2,000
29 Ruben Castro Human Services Center 2252011 Darner Construction Grading(Construction) MRP 273,000.00 43,000 43,000 43.000
30 Ruben Castro Human Services Center 2252011 Precision Plumbing Underground Ublities MRP 905,000.00 150,000 150,000 150,000
31 Ruben Castro Human Services Center 5/4/2011 Santa Clarita Concrete Concrete/CMU(Construction) MRP 1,835,900.00 275,400 150,000 150,000
32 Ruben Castro Human Services Center 4/122011 Environmental Heating HVAC(Construction) MRP 790,800.00 72,000 72,000 ".72,000:.
33 Ruben Castro Human Services Center 3252011 Taft Electric Company Electric(Construction) MRP 926,000.00 115,000 115,000 1.15,000'
34 Ruben Castro Human Services Center 4/122011 John Pence Building S ecialfie Specialties MRP 66,400.00 7,000 7,000 .7;000
35 Ruben Castro Human Services Center 3/302011 FYR Landscaping,Inc. Landscape&irrigation MRP 125,600.00 20,000 20,000 20,000
36 Ruben Castro Human Services Center 41122011 Standard Drywall,Inc. Finishes&Drywall(Construction) MRP 2,130,000.00 700,000 220,000 220,000
37 Ruben Castro Human Services Center 3252011 Steelcon,Inc. Structural Steel&Misc.Metals(Construction) MRP 827,000.00 750,000 120,000 120000
38 Ruben Castro Human Services Center 3/72011 Best Contracbng Services Roofing(Construction) MRP 344,000.00 45,000 28,000 _ 28,000`.
39 Ruben Castro Human Services Center 5!162011 Best Contractin Services Sheetmetal(Construction) MRP 97,000.00 15,000 10,000 10,000
40 Ruben Castro Human Services Center 3292011 Reliable Floor Covering Flooring&ceramic file(Construction) MRP 366,300.00 245,000 32,000 32,000.
41 Ruben Castro Human Services Center 5/22011 K&Z Cabinet Company Cabinets&Casework(Construction) MRP 164,500.00 80,000 16,000 16,000
m
m
Name of Successor Agency: City of Moorpark
County: Ventura
RECOGNIZED OBLIGATION PAYMENT SCHEDULE(ROPS III)--Notes(Optional)
January 1,2013 through June 30,2013
Item# Notes/Comments
Q
m
Name of Successor Agency: City of Moorpark
County: Ventura
Pursuant to Health and Safety Code section 34186(a)
PRIOR PERIOD ESTIMATED OBLIGATIONS vs.ACTUAL PAYMENTS
RECOGNIZED OBLIGATION PAYMENT SCHEDULE(ROPS 1)
January 1,2012 through June 30,2012
LMIHF Bond Proceeds Reserve Balance Admin Allowance RPTTF Other
Page/Form Line Project Name/Debt Obligation Payee Descri tion/Pro'ect Scope Project Area Estimate Actual Estimate Actual Estimate Actual Estimate Actual Estimate Actual Estimate Actual
Grand Total $ $ $ 6,459;020. $ 8,502820 $ $ $ 250,000 $ 250,000 $. - 3817;171 $ 824,100 $ 42,000 $ 38,957
1/A 1 1999 Tax Allocation Bonds Bank of New York Bond Principal&Interest Payments'99 MRP 767,912 119,779
1/A 2 2001 Tax Allocation Bonds Bank of New York Bond Principal&Interest Payments'01 MRP 606,764 293,382
11A 3 2006 Tax Allocation Bonds an of New York Bond Princi al&Interest Pa ments'06 MRP 540,262 252,631
1/A 4 Bond Trustee Bank of New York Trustee services MRP 10,000 2,762
1/A 5 Bond Disclosures Urban Futures Bond Disclosure MRP 10,000 1,656
1/A 6 Bond Arbitrage Calks BondLo istix Bond Arbitrage Calks MRP 10,000 0
1/A 7 Legal Counsel Burke Williams Sorensen Legal Services MRP 15,000 4,336
8)Aszkenazy Disposition and TBD Removal of Structures and Intersection MRP 400,000
11A Development A regiment Improvements per DDA
9) 1083 Walnut Canyon and 112 First Flores-Sierra Construction Removal of Structures MRP 24,400
1IA Street Demolition 0
1IA 10)161 Second Street Park Veronica Jacinto Relocation Payment MRP 30,000 26,170
1/A 11 161 Second Street Park Overland,Cutler and Pack Relocation Consultant MRP 25,000 2,211
1/A 12 Watershed Protection District County of Ventura Watershed Protection District MRP 100,000 95,884
1IA 13j Fu d and Moderate Income Housing City of Moorpark 20%set-aside MRP 10,000
1/A 14 Record Oversight Board Meetings Reel Life Pictures Record Oversight Board Meetings MRP 3,000 1,200
1/A 15 Oversight Committee Packets PostNet Printing Oversight Committee packets MRP 1,800 698
1/A 16 High Street Art Center Kelley Cleaning Clean High Street Art Center MRP 2,000 327
11A 17 Pro any Maintenance R A Atmore&Sons Maintain properties MRP 5,000
21B 1)Ruben Castro Human Services Ctr HMC Architects Architect MRP 80,000 56,210
21B 2)Ruben Castro Human Services Ctr RJR Engineering Civil Engineering MRP 13,400 12,177
21B 3)Ruben Castro Human Services Ctr Jensen Design&Survey Survey Services MRP 19,700 11,894
21B 4)Ruben Castro Human Services Ctr Vertical V-BTC Labs Soils&Steel Inspections MRP 71,000 45,279
2IB 5)Ruben Castro Human Services Ctr Barnhart Balfour Beatty Construction Management MRP 372,000 442,093
2B 6)Ruben Castro Human Services Ctr Ky Spangler Project Administration MRP 15,500 26,979
2/B 7)Ruben Castro Human Services Ctr Damar Construction Grading(Construction) MRP 182,000 31,707
2/B 8)Ruben Castro Human Services Ctr Precision Plumbing Underground Utilities MRP 650,000 1,045,546
2/B 9)Ruben Castro Human Services Ctr Santa Clarita Concrete Concrete/CMU(Construction) MRP 1,116,000 444,082
21B 10)Ruben Castro Human Services Ctr Steelcon,Inc. Steel framing(Construction) MRP 310,200 46,752
2IB 11)Ruben Castro Human Services Ctr Best Contracting Roofing&Sheet metal roofing MRP 250,000 383,052
2B 12)Ruben Castro Human Services Ctr Standard Drywall Drywall(Construction) MRP 1,200,000 1,577,836
2IB 13)Ruben Castro Human Services Ctr Environmental Heating HVAC(Construction) MRP 362,000 376,554
2/8 14)Ruben Castro Human Services Ctr Taft Electric Company Electric(Construction) MRP 610,000 519,029
2/B 15)Ruben Castro Human Services Ctr John Fisher Public Art MRP 84,000 113,797
FBO of Best Contracting Services-
16)Ruben Castro Human Services Ctr Union Bank,NA Retention for Roofing&Sheet metal MRP
216 roofing 25,000 0
17)Ruben Castro Human Services Ctr Califomia Bank&Trust FBO of Standard Dry Wall-Retention for MRP
2I8 drywall 120,000 0
18)Ruben Castro Human Services Ctr Community West Bank FBO of Darner Construction-Retention for MRP
2/B radio 20,220 0
19)Ruben Castro Human Services Ctr Reliable Floor Covering, Flooring and ceramic flooring MRP
2B Inc 320,000 1 113,036
2/8 20)Ruben Castro Human Services Ctr Center Glass Company Glass&glazing MRP 195,000 171,100
21)Ruben Castro Human Services Ctr John Pence Building Specialties MRP
2B Specialties Inc. 60,000 0
2/6 22)Ruben Castro Human Services Ctr FYR Landscaping,Inc. Landscape&irrigation MRP 110,000 500
21B 23)Ruben Castro Human Services Ctr K&Z Cabinet Co,Inc Finish carpentry&casework MRP 150,000 78,561
24)Ruben Castro Human Services Ctr Ventura County Air Permits MRP
2/B Pollution Control Distract 1,000 1,398
2/B 25)Ruben Castro Human Services Ctr County of Ventura&other oVt agencies Permits and Fees MRP 120,000 5,238
2/B 26 He ey Various Theater Season MRP 1 20,000 14,863
2/B 27 The Music Man Various Theater Season MRP 17,000 17,432
21B 28 One Act Plays Various Theater Season MRP 5,000 6,662
31C 11 Salary and Benefits Employees Salary and Benefits MRP 216,870 234,850 Ln
3/C 2 Office Supplies varies Office Supplies MRP 630 645
3/C 3 Publications/Subscri lion vanes Publicabons/Subscri tion MRP 40
3/C 4 Milea a Reimbursement Employees Milea a Reimbursement MRP 80
3/C 5)Poste a U.S.Postal Service/FedE Postage MRP 80 293
LMIHF Bond Proceeds Reserve Balance Admin Allowance RPTTF Other
Pa a/Form Line Project Name/Debt Obligation Payee Descr tion/Pro ect Scope Project Area Estimate Actual Estimate Actual Estimate Actual Estimate Actual Estimate Actual Estimate Actual
3/C 6 Printing PostNet and varies Printing MRP 80 337
31C 7 Advertising vanes Advertising MRP 130 1,989
3/C 8 Contractual Services varies Contractual Services MRP 10,000 5,213
31C 9 Office Equipment Maintenance varies Office Equipment Maintenance MRP 290 112
41D 1 Pass-Thru Agreement County of Ventura Pass-through agreement MRP 1,076,596 0
2)Pass-Thru Agreement Ventura County Pass-through agreement MRP
41D Commum College a Dist 29,623 29,623
3) Pass-Thru Agreement Ventura County pass-through agreement MRP
4/D Superintendent of Schools 1,080 0
4) Pass-Thru Agreement Moorpark Unified School pass-through agreement MRP
4/D District 170,534 0
lD
M
OVERSIGHT BOARD TO SUCCESSOR AGENCY
OF THE REDEVELOPMENT AGENCY
OF THE CITY OF MOORPARK MEETING ITEM 7.A.
of jv-/6 -o201?.
ACTION: a
BY: i
OVERSIGHT BOARD TO THE SUCCESSOR AGENCY
OF THE REDEVELOPMENT AGENCY
OF THE CITY OF MOORPARK
AGENDA REPORT
TO: Honorable Board Members
FROM: Maureen Benson, City Clerk
DATE: September 19, 2012 (OB Regular Meeting of 10/16/12)
SUBJECT: Consider Resolution Adopting Special Oversight Board Meeting
Minutes for July 17, 2012 Approved at the September 18, 2012 Meeting
BACKGROUND AND DISCUSSION
At the September 18, 2012, regular Oversight Board Meeting, the Board approved the
Special Meeting Minutes for July 17, 2012, by unanimous voice vote; however, a resolution
was not prepared for this agenda item as required by Health and Safety Code Section
34179(e), which requires all actions be adopted by resolution.
Staff has prepared a draft resolution for the Board's consideration in approving the Special
Meeting Minutes of July 17, 2012.
STAFF RECOMMENDATION
Adopt Resolution No. OB-2012-_
Attachments: 1-Special Oversight Board approved meeting minutes of July 17, 2012
2-Draft Resolution
37
ATTACHMENT 1
MINUTES OF THE 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.
38
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 (BOPS) 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.
39
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.
40
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
41
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 OCTOBER 16, 2012,
APPROVING THE SPECIAL OVERSIGHT BOARD
MEETING MINUTES OF JULY 17, 2012
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 regular meeting of September 18, 2012, the Special Meeting
Minutes of July 17, 2012 were approved by unanimous voice vote by the Oversight
Board without adoption of a resolution; and
WHEREAS, at the regular meeting on October 16, 2012 of the Oversight Board a
resolution was submitted for approval of the minutes of August 28, 2012 (Agenda Item
7.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. Approve the Special Oversight Board meeting minutes of July
17, 2012.
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 16th day of October, 2012.
Bruce Hamous, Chairperson
ATTEST:
Maureen Benson, City Clerk
42
OVERSIGHT BOARD TO SUCCESSOR AGENCY
OF THE REDEVELOPMENT AGENCY
OF THE CITY OF MOORPARK MEETING STEM 7.B.
of D -/I,- O i
ACTION:
BY:
OVERSIGHT BOARD TO THE SUCCESSOR AGENCY
OF THE REDEVELOPMENT AGENCY
OF THE CITY OF MOORPARK
AGENDA REPORT
TO: Honorable Board Members
FROM: Maureen Benson, City Clerk `f r
DATE: September 19, 2012 (OB Regular Meeting of 10/16/12)
SUBJECT: Consider Resolution Adopting Special Oversight Board Meeting
Minutes for August 28, 2012 Approved at the September 18, 2012
Meeting
BACKGROUND AND DISCUSSION
At the September 18, 2012 regular Oversight Board Meeting the Board approved the
Special Meeting Minutes for July 17, 2012, by voice vote 6-0, with Board Member Nicks
abstaining; however, a resolution was not prepared for this agenda item as required by
Health and Safety Code Section 34179(e), which requires all actions be adopted by
resolution.
Staff has prepared a draft resolution for the Board's consideration in approving the Special
Meeting Minutes of August 28, 2012.
STAFF RECOMMENDATION
Adopt Resolution No. OB-2012-_.
Attachments: 1-Special Oversight Board meeting approved minutes of August 28, 2012
2-Draft Resolution
43
ATTACHMENT 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 (ROPS) for January 1 , 2013 to June 30, 2013. Staff
Recommendation: 1) Adopt Resolution No. 2012-08; and 2) Direct staff to
transmit the approved BOPS, 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
44
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
45
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 OCTOBER 16, 2012,
APPROVING THE SPECIAL OVERSIGHT BOARD
MEETING MINUTES OF AUGUST 28, 2012
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 regular meeting of September 18, 2012, the Special Meeting
Minutes of July 17, 2012, were approved by the Oversight Board by voice vote 6-0, with
Board Member Nicks abstaining, without adoption of a resolution; and
WHEREAS, at the regular meeting on October 16, 2012 of the Oversight Board a
resolution was submitted for approval of the minutes of August 28, 2012. (Agenda Item
7.B.)
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 Special Oversight Board meeting minutes of
August 28, 2012.
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 16th day of October, 2012.
Bruce Hamous, Chairperson
ATTEST:
Maureen Benson, City Clerk
46
OVERSIGHT BOARD TO SUCCESSOR AGENCY
OF THE REDEVELOPMENT AGENCY
OF THE CITY OF MOORPARK MEETING
of e ./&, _ o, ITEM 7.C.
ACTION:
OVERSIGHT BOARD TO THE SUCCESSOR AGENCY
OF THE REDEVELOPMENT AGENCY
OF THE CITY OF MOORPARK
AGENDA REPORT
TO: Honorable Board Members
FROM: Maureen Benson City Clerk Ln
DATE: September 19, 2012 (OB Regular Meeting of 10/16/12)
SUBJECT: Consider Regular Oversight Board Meeting Minutes for September 18,
2012
BACKGROUND AND DISCUSSION
Staff has prepared meeting minutes for the Regular Oversight Board meeting of
September 18, 2012.
STAFF RECOMMENDATION
Adopt Resolution approving the Regular Oversight Board meeting minutes of September
18, 2012.
Attachments: 1-Regular Oversight Board meeting draft minutes of September 18, 2012
2-Draft Resolution
47
ATTACHMENT 1
MINUTES OF THE OVERSIGHT BOARD
TO THE SUCCESSOR AGENCY OF THE
REDEVELOPMENT AGENCY OF THE CITY COUNCIL
Moorpark, California September 18, 2012
A Regular Meeting of the Oversight Board to the Successor Agency of the
Redevelopment Agency of the City of Moorpark was held on September 18, 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 3:36 p.m.
2. PLEDGE OF ALLEGIANCE:
Board Member Kasper 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; 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 Revised Recognized Obligation
Payment Schedule (ROPS) for July 1, 2012 to December 31, 2012. Staff
Recommendation: 1) Adopt Resolution No. OB-2012-09; 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
Mr. Kueny gave the staff report.
There were no speakers.
48
Minutes of the Oversight Board to the
Successor Agency of the
Redevelopment Agency of the
City of Moorpark California Page 2 September 18, 2012
MOTION: Board Member Parvin moved and Board Member Priestly seconded a
motion to adopt Resolution No. OB-2012-09, adopting the revised Recognized
Obligation Payment Schedule (BOPS) for July 1, 2012 to December; 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. The motion carried by roll call vote 5-2, Board Members Burgh
and Kasper dissenting.
7. CONSENT CALENDAR:
CONSENSUS: It was the consensus of the Board to pull Item 7.B. from the
Consent Calendar, upon the request of Board Member Nicks who stated he
would be abstaining from the vote due to his absence from the meeting of August
28, 2012.
MOTION: Board Member Ingram moved and Board Member Burgh seconded a
motion to approve the Consent Calendar with the exception of Item 7.13, which
was pulled for individual consideration. The motion carried by unanimous voice
vote.
A. Consider Minutes of Special Meeting of July 17, 2012. Staff
Recommendation: Approve the minutes.
These minutes will be re-agendized for the October 16, 2012, meeting to
be adopted by a Resolution.
C. Consider Resolution Adopting Revised Rules of Procedure for Oversight
Board Meetings. Staff Recommendation: Adopt Resolution No. 013-2012—
10.
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. OB- 2012-11 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.
E. 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. Staff Recommendation: 1) Adopt
Resolution No. OB-2012-12 waving fees for use of Successor Agency
49
Minutes of the Oversight Board to the
Successor Agency of the
Redevelopment Agency of the
City of Moorpark California Page 3 September 18, 2012
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.
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-2012-13 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.
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-2012-14 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
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-2012-15, 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 insured in the Club's
insurance policy.
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. 06-
2012-16.
J. Consider Resolution Authorizing City Manager to Negotiate and Approve
Short Term Lease Agreements for Successor Agency Property. Staff
Recommendation: Adopt Resolution No. OB-2012-17.
50
Minutes of the Oversight Board to the
Successor Agency of the
Redevelopment Agency of the
City of Moorpark California Page 4 September 18, 2012
The following item was pulled for individual consideration:
B. Consider Minutes of Special Meeting of August 28, 2012. Staff
Recommendation: Approve the minutes.
MOTION: Board Member Burgh moved and Board Member Parvin seconded a
motion to approve the minutes of the Special Meeting of August 28, 2012. The
motion carried by voice vote 6-0, Board Member Nick abstaining.
These minutes will be re-agendized for the October 16, 2012, meeting to
be adopted by a Resolution.
8. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS:
A. Announcements:
None.
B. Future Agenda Items:
None
9. ADJOURNMENT:
MOTION: Board Member Parvin moved and Board Member Burgh seconded a motion
to adjourn the meeting. The time was 3:47 p.m.
Bruce Hamous, Chairperson
ATTEST:
Maureen Benson, City Clerk
51
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 OCTOBER 16, 2012,
APPROVING THE REGULAR OVERSIGHT BOARD
MEETING MINUTES OF SEPTEMBER 18, 2012
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 regular meeting of October 16, 2012, the Regular Oversight
Board meeting minutes of September 18, 2012, were submitted to the Oversight Board
for approval (Agenda Item 7.C.).
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 Regular Oversight Board meeting minutes of
September 18, 2012.
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 16th day of October, 2012.
Bruce Hamous, Chairperson
ATTEST:
Maureen Benson, City Clerk
52
OVERSIGHT BOARD TO SUCCESSOR AGENCY
OF THE REDEVELOPMENT AGENCY
OF THE CITY OF MOORPARK MEETING ITEM 7.D.
of /D-4 -A Q'I ;L
ACTION: o �
—23
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
Prepared by: Jessica Sandifer, Management Anal
DATE: October 4, 2012 (Oversight Board Meeting of Octo r 16, 2012)
SUBJECT: Consider Resolution Authorizing Agreement Between the Successor
Agency to the Redevelopment Agency of the City of Moorpark and
Mike's Handyman Service for Property Maintenance at Various
Properties
BACKGROUND & DISCUSSION
The Successor Agency of the Redevelopment Agency of the City of Moorpark
("Successor Agency") is responsible for maintaining the properties that were transferred
to it upon the dissolution of the Redevelopment Agency. Oftentimes the property
maintenance that is required is of an urgent nature such as graffiti removal, fencing
repair, or property damage repair. Staff finds it convenient to maintain an on-call
property maintenance agreement with a handyman service in order to take care of the
property maintenance issues in a expeditious manner.
The former Redevelopment Agency used Mike's Handyman Service (MHS) to perform
these property maintenance tasks and is recommending that the Successor Agency
continue to use MHS for on-going property maintenance on an on-call basis. MHS has
the expertise and qualifications to perform these services and is familiar with the
Successor Agency's needs. MHS has performed satisfactorily for the former
Redevelopment Agency. The proposed contract will be valid through June 30, 2013.
The Successor Agency is scheduled to consider this Agreement at their meeting of
October 17, 2012. The staff recommendation is to approve the Agreement.
FISCAL IMPACT
The contract is for a not-to-exceed amount of $35,000. Funds for these services have
been included on the Successor Agency's Recognized Obligation Payment Schedule
53
Oversight Board
October 16, 2012
Page 2
(ROPS) for the period of July — December 2012 in the amount of $10,000 and on the
ROPS for the period of January — June 2013 for $12,000 in order to ensure sufficient
funds are available for the project from the Redevelopment Property Tax Trust Fund
(RPTTF) account. If the contract expenditures exceed the amount on the ROPS, the
additional funds will be added to future ROPS for repayment from the RPTTF account.
STAFF RECOMMENDATION
Adopt Resolution No. OB-2012 authorizing an Agreement between the
Successor Agency of the Redevelopment Agency of the City of Moorpark and Mike's
Handyman Service subject to City Manager and City Attorney final language approval.
Attachment 1 —Agreement
Attachment 2 — Resolution No. OB-2012
54
ATTACHMENT 1
AGREEMENT BETWEEN THE SUCCESSOR AGENCY OF THE REDEVELOPMENT
AGENCY OF THE CITY OF MOORPARK AND MIKE'S HANDYMAN SERVICE
FOR PROPERTY MAINTENANCE AT VARIOUS PROPERTIES OWNED BY THE
SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF
MOORPARK
THIS AGREEMENT, is made and effective as of this day
of , 2012, between the Successor Agency of the Redevelopment Agency
of the City of Moorpark, a municipal corporation ("Successor Agency") and Mike's
Handyman Service, a Sole Proprietor ("Contractor"). In consideration of the mutual
covenants and conditions set forth herein, the parties agree as follows:
WHEREAS, Successor Agency has the need for construction services related to
the property maintenance for said properties; and
WHEREAS, Contractor specializes in providing such services and has the proper
work experience, certifications, and background to carry out the duties involved; and
NOW, THEREFORE, in consideration of the mutual covenants, benefits, and
premises herein stated, the parties hereto agree as follows:
1. TERM
The term of the Agreement shall be from the date of execution to June 30, 2013,
unless this Agreement is terminated or suspended as referred to herein.
2. SCOPE OF SERVICES
Successor Agency does hereby retain Contractor in a contractual capacity to
provide on-call construction services related to maintenance of properties, as set forth in
Exhibit B, Property List, which exhibit is attached hereto and incorporated herein by this
reference as though set forth in full and hereinafter referred to as the "List." Contractor
will provide a proposal, for which Successor Agency will prepare a written Work
Authorization, in the form as provided in Exhibit C, per job request, that will be signed by
the Community Development Director authorizing Contractor to perform the job as
requested by Successor Agency. In the event there is a conflict between the provisions
of said Work Authorization, Contractor's Proposal, and this Agreement, the language
contained in this Agreement shall take precedence.
Contractor shall perform the tasks described and set forth in each Work
Authorization in a timely manner.
Compensation for the services to be performed by Contractor shall be in
accordance with each Work Authorization, as approved by Successor Agency.
Compensation for the on-call period shall not exceed the rates or total value of thirty-five
thousand dollars ($35,000) through the term of the agreement, without the written
authorization of the Executive Director. Payment by Successor Agency to Contractor
shall be as referred to in this Agreement.
55
3. PERFORMANCE
Contractor shall at all times faithfully, competently, and to the best of Contractor's
ability, experience, and talent, perform all tasks described herein. Contractor shall
employ, at a minimum, generally accepted standards and practices utilized by persons
engaged in providing similar services as are required of Contractor hereunder in
meeting its obligations under this Agreement.
4. MANAGEMENT
The individual directly responsible for Contractor's overall performance of the
Agreement provisions herein above set forth and to serve as principal liaison between
Successor Agency and Contractor shall be Mike Boblett, and no other individual may be
substituted without the prior written approval of the Executive Director.
The Successor Agency's contact person in charge of administration of this
Agreement, and to serve as principal liaison between Contractor and Successor
Agency, shall be the Executive Director or the Executive Director's designee.
5. PAYMENT
Taxpayer ID or Social Security numbers must be provided, on an IRS 1099 form,
before payments may be made to vendors.
The Successor Agency agrees to pay Contractor monthly, in accordance with the
terms of this Agreement in the amount indicated on the approved Work Authorizations
as though set forth in full, based upon actual time spent on the above tasks. This
amount shall not exceed thirty-five thousand dollars ($35,000) for the total term of the
Agreement unless additional payment is approved as provided in this Agreement.
Contractor shall not be compensated for any services rendered in connection
with its performance of this Agreement, which are not authorized in a Work
Authorization.
Contractor shall submit invoices monthly for actual services performed. Invoices
shall be submitted on or about the first business day of each month, or as soon
thereafter as practical, for services provided in the previous month. Payment shall be
made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the
Successor Agency disputes any of Contractor's fees it shall give written notice to
Contractor within thirty (30) days of receipt of any disputed fees set forth on the invoice.
Contractor shall provide appropriate documentation, as determined by the Successor
Agency, for all reimbursable expenses.
6. TERMINATION OR SUSPENSION WITHOUT CAUSE
The Successor Agency may at any time, for any reason, with or without cause,
suspend, or terminate this Agreement, or any portion hereof, by serving upon the
Mike's Handyman Service Page 2 of 15
56
Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the
Contractor shall immediately cease all work under this Agreement, unless the notice
provides otherwise. If the Successor Agency suspends or terminates a portion of this
Agreement such suspension or termination shall not make void or invalidate the
remainder of this Agreement.
The Contractor may terminate this Agreement only by providing Successor
Agency with written notice no less than thirty (30) days in advance of such termination.
In the event of such termination, Contractor shall be compensated for such services up
to the date of termination. Such compensation for work in progress shall be prorated as
to the percentage of progress completed at the date of termination.
If the Executive Director or the Executive Director's designee determines that the
Contractor is in default in the performance of any of the terms or conditions of this
Agreement, the Successor Agency may proceed in the manner set forth in Section 6-4
of the Greenbook.
7. DEFAULT OF CONTRACTOR
The Contractor's failure to comply with the provisions of this Agreement shall
constitute a default. In the event that Contractor is in default for cause under the terms
of this Agreement, Successor Agency shall have no obligation or duty to continue
compensating Contractor for any work performed after the date of default and can
terminate this Agreement immediately by written notice to the Contractor. If such failure
by the Contractor to make progress in the performance of work hereunder arises out of
causes beyond the Contractor's control, and without fault or negligence of the
Contractor, it shall not be considered a default.
If the Executive Director or the Executive Director's designee determines that the
Contractor is in default in the performance of any of the terms or conditions of this
Agreement, he/she shall cause to be served upon the Contractor a written notice of the
default. The Contractor shall have five (5) working days after service upon it of said
notice in which to cure the default by rendering a satisfactory performance. In the event
that the Contractor fails to cure its default within such period of time, the Successor
Agency shall have the right, notwithstanding any other provision of this Agreement, to
terminate this Agreement without further notice and without prejudice to any other
remedy to which it may be entitled at law, in equity or under this Agreement.
8. LIQUIDATED DAMAGES
If the Contractor fails to complete the work, or any portion thereof, within the time
period required by this Agreement or as duly extended in writing by the Executive
Director, Contractor shall forfeit and pay to the Successor Agency, as liquidated
damages, the sum of two hundred and fifty dollars ($250) per day for each calendar day
the work, or portion thereof, remains uncompleted after the completion date specified in
the Work Authorization. Liquidated damages shall be deducted from any payments due
or to become due to the Contractor under the terms of this Agreement [Government
Code Sec. 53069.85]. Progress payments made by the Successor Agency after the
Mike's Handyman Service Page 3 of 15
57
above specified completion date shall not constitute a waiver of liquidated damages by
the Successor Agency.
9. OWNERSHIP OF DOCUMENTS
Contractor shall maintain complete and accurate records with respect to sales,
costs, expenses, receipts, and other such information required by Successor Agency
that relate to the performance of services under this Agreement. Contractor shall
maintain adequate records of services provided in sufficient detail to permit an
evaluation of services. All such records shall be maintained in accordance with
generally accepted accounting principles and shall be clearly identified and readily
accessible. Contractor shall provide free access to the representatives of Successor
Agency or its designees at reasonable times to such books and records; shall give the
Successor Agency the right to examine and audit said books and records; shall permit
Successor Agency to make transcripts therefrom as necessary; and shall allow
inspection of all work, data, documents, proceedings, and activities related to this
Agreement. Notification of audit shall be provided at least thirty (30) days before any
such audit is conducted. Such records, together with supporting documents, shall be
maintained for a period of ten (10) years after receipt of final payment.
Upon completion of, or in the event of termination or suspension of this
Agreement, all original documents, designs, drawings, maps, models, computer files,
surveys, notes, and other documents prepared in the course of providing the services to
be performed pursuant to this Agreement shall become the sole property of the
Successor Agency and may be used, reused, or otherwise disposed of by the
Successor Agency without the permission of the Contractor. With respect to computer
files, Contractor shall make available to the Successor Agency, at the Contractor's
office and upon reasonable written request by the Successor Agency, the necessary
computer software and hardware for purposes of accessing, compiling, transferring, and
printing computer files.
10. INDEMNIFICATION AND HOLD HARMLESS
Contractor hereby assumes liability for and agrees to defend (at Indemnitees'
option), indemnify, protect, and hold harmless Successor Agency and its Project
Contractors, and engineers, officers, agents, and employees ("Indemnitees") from and
against any and all claims, charges, damages, demands, actions, proceedings, losses,
stop notices, costs, expenses (including attorneys' fees), judgments, civil fines and
penalties, liabilities of any kind or nature whatsoever, which may be sustained or
suffered by or secured against the Indemnitees arising out of or encountered in
connection with this Agreement or the performance of the work including, but not limited
to, death of or bodily injury to persons or damage to property, including property owned
by or under the care and custody of Successor Agency, and for civil fines and penalties,
that may arise from or be caused, in whole or in part, by any negligent or other act or
omission of Contractor, its officers, agents, employees, or subcontractors including but
not limited to, liability arising from:
Mike's Handyman Service Page 4 of 15
58
a) Any dangerous, hazardous, unsafe, or defective condition of, in or on the
premises, of any nature whatsoever, which may exist by reason of any act,
omission, neglect, or any use or occupation of the premises by Contractor, its
officers, agents, employees, or subcontractors;
b) Any operation conducted upon or any use or occupation of the premises
by Contractor, its officers, agents, employees, or subcontractors under or pursuant
to the provisions of this Agreement or otherwise;
c) Any act, omission, or negligence of Contractor, its officers, agents,
employees, or subcontractors;
d) Any failure of Contractor, its officers, agents, or employees to comply with
any of the terms or conditions of this Agreement or any applicable federal, state,
regional, or municipal law, ordinance, rule or regulation; and
e) The conditions, operations, uses, occupations, acts, omissions, or
negligence referred to in Subsections a, b, c, and d, existing or conducted upon or
arising from the use or occupation by Contractor on any other premises in the care,
custody and control of Successor Agency.
The Contractor also agrees to indemnify Successor Agency and pay for all
damage or loss suffered by Successor Agency including but not limited to damage to or
loss of Successor Agency property, to the extent not insured by Successor Agency and
loss of Successor Agency revenue from any source, caused by or arising out of the
conditions, operations, uses, occupations, acts, omissions or negligence referred to in
Subsections a, b, c, d, and e.
Contractor's obligations under this Section apply regardless of whether or not
such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost,
expense, judgment, civil fine or penalty, or liability was caused in part or contributed to
by an Indemnitee. However, without affecting the rights of Successor Agency under any
provision of this Agreement, Contractor shall not be required to indemnify and hold
harmless Successor Agency for liability attributable to the active negligence of
Successor Agency, provided such active negligence is determined by agreement
between the parties or by the findings of a court of competent jurisdiction. In instances
where Successor Agency is shown to have been actively negligent and where
Successor Agency's active negligence accounts for only a percentage of the liability
involved, the obligation of Contractor will be for that entire portion or percentage of
liability not attributable to the active negligence of Successor Agency.
Contractor agrees to obtain executed indemnity agreements with provisions
identical to those set forth here in this Section from each and every subcontractor or any
other person or entity involved by, for, with, or on behalf of Contractor in the
performance of this Agreement. In the event Contractor fails to obtain such indemnity
obligations from others as required here, Contractor agrees to be fully responsible
according to the terms of this Section.
Mike's Handyman Service Page 5 of 15
59
Failure of Successor Agency to monitor compliance with these requirements
imposes no additional obligations on Successor Agency and will in no way act as a
waiver of any rights hereunder. This obligation to indemnify and defend Successor
Agency as set forth here is binding on the successors, assigns, or heirs of Contractor
and shall survive the termination of this Agreement or Section.
This Indemnity shall survive termination of the Agreement or Final Payment
hereunder. This Indemnity is in addition to any other rights or remedies that the
Indemnitees may have under the law or under any other Contract Documents or
Agreements. In the event of any claim or demand made against any party which is
entitled to be indemnified hereunder, Successor Agency may, in its sole discretion,
reserve, retain, or apply any monies to the Contractor under this Agreement for the
purpose of resolving such claims; provided, however, Successor Agency may release
such funds if the Contractor provides Successor Agency with reasonable assurance of
protection of the Indemnitees' interests. Successor Agency shall, in its sole discretion,
determine whether such assurances are reasonable.
11. INSURANCE
Contractor shall maintain prior to the beginning of and for the duration of this
Agreement insurance coverage as specified in Exhibit A, attached hereto and
incorporated herein by this reference as though set forth in full.
12. INDEPENDENT CONTRACTOR
Contractor is and shall at all times remain as to the Successor Agency a wholly
independent Contractor. The personnel performing the services under this Agreement
on behalf of Contractor shall at all times be under Contractor's exclusive direction and
control. Neither Successor Agency nor any of its officers, employees, or agents shall
have control over the conduct of Contractor or any of Contractor's officers, employees,
or agents, except as set forth in this Agreement. Contractor shall not at any time or in
any manner represent that it or any of its officers, employees, or agents are in any
manner officers, employees, or agents of the Successor Agency. Contractor shall not
incur or have the power to incur any debt, obligation, or liability against Successor
Agency, or bind Successor Agency in any manner.
No employee benefits shall be available to Contractor in connection with the
performance of this Agreement. Except for the fees paid to Contractor as provided in
the Agreement, Successor Agency shall not pay salaries, wages, or other compensation
to Contractor for performing services hereunder for Successor Agency. Successor
Agency shall not be liable for compensation or indemnification to Contractor for injury or
sickness arising out of performing services hereunder.
13. LEGAL RESPONSIBILITIES
The Contractor shall keep itself informed of local, state, and federal laws and
regulations which in any manner affect those employed by it or in any way affect the
performance of its service pursuant to this Agreement. The Contractor shall at all times
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observe and comply with all such laws and regulations. The Successor Agency, and its
officers and employees, shall not be liable at law or in equity occasioned by failure of
the Contractor to comply with this Section.
14. ANTI DISCRIMINATION
Neither the Contractor, nor any subcontractor under the Contractor, shall
discriminate in employment of persons upon the work because of race, religious creed,
color, national origin, ancestry, physical handicap, medical condition, marital status, or
gender of such person, except as provided in Section 12940 of the Government Code.
The Contractor shall have responsibility for compliance with this Section [Labor Code
Section 17351.
15. UNDUE INFLUENCE
Contractor declares and warrants that no undue influence or pressure is used
against or in concert with any officer or employee of the Successor Agency in
connection with the award, terms, or implementation of this Agreement, including any
method of coercion, confidential financial arrangement, or financial inducement. No
officer or employee of the Successor Agency will receive compensation, directly or
indirectly from Contractor, or any officer, employee, or agent of Contractor, in
connection with the award of this Agreement or any work to be conducted as a result of
this Agreement. Violation of this Section shall be a material breach of this Agreement
entitling the Successor Agency to any and all remedies at law or in equity.
16. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of the Successor Agency, or their designees or
agents, and no public official who exercises authority over or responsibilities with
respect to the Project during his/her tenure or for one (1) year thereafter, shall have any
interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof,
for work to be performed in connection with the work performed under this Agreement.
17. CONFLICT OF INTEREST
Contractor covenants that neither they nor any officer or principal of their firm
have any interests, nor shall they acquire any interest, directly or indirectly, which will
conflict in any manner or degree with the performance of their services hereunder.
Contractor further covenants that in the performance of this Agreement, they shall
employ no person having such interest as an officer, employee, agent, or subcontractor.
Contractor further covenants that Contractor has not contracted with nor is performing
any services directly or indirectly, with the developer(s) and/or property owner(s) and/or
firm(s) and/or partnership(s) and/or public agency(ies) owning property and/or
processing an entitlement application for property in the City or its Area of Interest, now
or within the past one (1) year, and further covenants and agrees that Contractor and/or
its subcontractors shall provide no service or enter into any contract with any
developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) and/or public
agency(ies) owning property and/or processing an entitlement application for property in
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the City or its Area of Interest, while under contract with the Successor Agency and for a
one (1) year time period following termination of this Agreement.
18. NOTICE
Any notice to be given pursuant to this Agreement shall be in writing, and all such
notices and any other document to be delivered shall be delivered by personal service
or by deposit in the United States mail, certified or registered, return receipt requested,
with postage prepaid, and addressed to the party for whom intended as follows:
To: Executive Director
Successor Agency of the Redevelopment Agency of
the City of Moorpark
799 Moorpark Avenue
Moorpark, California 93021
To: Mike Boblett
Mike's Handyman Service
1746-F South Victoria Avenue, #354
Ventura, California 93003
Either party may, from time to time, by written notice to the other, designate a
different address or contact person, which shall be substituted for the one above
specified. Notices, payments and other documents shall be deemed delivered upon
receipt by personal service or as of the third (3rd) day after deposit in the United States
mail.
19. CHANGE IN NAME
Should a change be contemplated in the name or nature of the Contractor's legal
entity, the Contractor shall first notify the Successor Agency in order that proper steps
may be taken to have the change reflected in the Agreement documents.
20. ASSIGNMENT
Contractor shall not assign this Agreement or any of the rights, duties, or
obligations hereunder. It is understood and acknowledged by the parties that Contractor
is uniquely qualified to perform the services provided for in this Agreement.
21. LICENSES
At all times during the term of this Agreement, Contractor shall have in full force
and effect, all licenses required of it by law for the performance of the services in this
Agreement.
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22. VENUE AND GOVERNING LAW
This Agreement is made, entered into, and executed in Ventura County,
California, and any action filed in any court or for arbitration for the interpretation,
enforcement or other action of the terms, conditions, or covenants referred to herein
shall be filed in the applicable court in Ventura County, California. The Successor
Agency and Contractor understand and agree that the laws of the state of California
shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement
and also govern the interpretation of this Agreement.
23. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to
the obligations of the parties described in this Agreement. All prior or contemporaneous
agreements, understandings, representations, and statements, oral or written, are
merged into this Agreement and shall be of no further force or effect. Each party is
entering into this Agreement based solely upon the representations set forth herein and
upon each party's own independent investigation of any and all facts such party deems
material.
24. CAPTIONS OR HEADINGS
The captions and headings of the various Articles, Paragraphs, Sections, and
Exhibits of this Agreement are for convenience and identification only and shall not be
deemed to limit or define the content of the respective Articles, Paragraphs, Sections,
and Exhibits hereof.
25. AMENDMENTS
Any amendment, modification, or variation from the terms of this Agreement shall
be in writing and shall be effective only upon approval by both parties to this Agreement.
26. TIME OF COMPLETION
Successor Agency and Contractor agree that time is of the essence in this
Agreement. Successor Agency and Contractor further agree that Contractor's failure to
perform on or at the times set forth in this Agreement will damage and injure Successor
Agency, but the extent of such damage and injury is difficult or speculative to ascertain.
Consequently, Successor Agency and Contractor agree that any failure to perform by
Contractor at or within the times set forth herein shall result in liquidated damages as
defined in this Agreement for each and every day such performance is late. Successor
Agency and Contractor agree that such sum is reasonable and fair. Furthermore,
Successor Agency and Contractor agree that this Agreement is subject to Government
Code Section 53069.85 and that each party hereto is familiar with and understands the
obligations of said Section of the Government Code.
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27. PRECEDENCE
Contractor is bound by the contents of Agreement and the Work Authorizations.
In the event of conflict, the requirements of the Agreement and the Work Authorizations,
shall take precedence over those contained in the Proposal for each job.
28. INTERPRETATION OF AGREEMENT
Should interpretation of this Agreement, or any portion thereof, be necessary, it is
deemed that this Agreement was prepared by the parties jointly and equally, and shall
not be interpreted against either party on the ground that the party prepared the
Agreement or caused it to be prepared.
29. WAIVER
No waiver of any provision of this Agreement shall be deemed, or shall
constitute, a waiver of any other provision, whether or not similar, nor shall any such
waiver constitute a continuing or subsequent waiver of the same provision. No waiver
shall be binding unless executed in writing by the party making the waiver.
30. AUTHORITY TO EXECUTE
The person or persons executing this Agreement on behalf of the Contractor
warrants and represents that he/she has the authority to execute this Agreement on
behalf of the Contractor and has the authority to bind Contractor to the performance of
obligations hereunder.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
SUCCESSOR AGENCY OF THE
REDEVELOPMENT AGENCY OF THE
CITY OF MOORPARK MIKE'S HANDYMAN SERVICE
By: By:
Steven Kueny, Executive Director Mike Boblett
Owner
Attest:
Maureen Benson
Successor Agency Secretary
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EXHIBIT A
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Work, Contractor will
maintain insurance in conformance with the requirements set forth below. Contractor
will use existing coverage to comply with these requirements. If that existing coverage
does not meet the requirements set forth here, it will be amended to do so. Contractor
acknowledges that the insurance coverage and policy limits set forth in this section
constitute the minimum amount of coverage required. Any insurance proceeds available
to Successor Agency in excess of the limits and coverage required in this Agreement
and which is applicable to a given loss, will be available to the Successor Agency.
Contractor shall provide the following types and amounts of insurance:
1. Commercial General Liability
Commercial General Liability Insurance shall be provided by an Insurance
Services Office "Commercial General Liability" policy form CG 00 01 or the exact
equivalent. Defense costs must be paid in addition to limits. There shall be no cross
liability exclusion for claims or suits by one insured against another. Limits shall be no
less than $1,000,000 per occurrence for all covered losses and no less than $2,000,000
general aggregate.
Contractor's policy shall contain no endorsements limiting coverage beyond the
basic policy coverage grant for any of the following:
a. Explosion, collapse or underground hazard (XCU)
b. Products and completed operations
c. Pollution liability
d. Contractual liability
Coverage shall be applicable to Successor Agency for injury to employees of
contractors, subcontractors, or others involved in the project. Policy shall be endorsed
to provide a separate limit applicable to this project.
2. Workers' Compensation
Workers' Compensation insurance shall be provided on a state-approved policy
form providing statutory benefits as required by law with employers' liability limits no
less than $1,000,000 per accident for all covered losses.
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3. Business Auto Coverage
Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 06 92
including symbol 1 (Any Auto) or the exact equivalent shall be provided. Limits shall be
no less than $1,000,000 per accident, combined single limit. If Contractor owns no
vehicles, this requirement may be satisfied by a non-owned auto endorsement to the
general liability policy described above. If Contractor or Contractor's employees will use
personal autos in any way on this project, Contract shall provide evidence of personal
auto liability coverage for each such person.
4. Excess or Umbrella Liability
Excess or Umbrella Liability insurance (Over Primary) if used to meet limit
requirements, shall provide coverage at least as broad as specified for the underlying
coverages. Coverage shall be provided on a "pay on behalf' basis, with defense costs
payable in addition to policy limits. There shall be no cross liability exclusion precluding
coverage for claims or suits by one insured against another. Coverage shall be
applicable to Successor Agency for injury to employees of contractor, subcontractors, or
others involved in the Work. The scope of coverage provided is subject to the approval
of Successor Agency following receipt of proof of insurance as required herein. Limits
are subject to review.
Insurance procured pursuant to these requirements shall be written by insurers
that are admitted carriers in the state of California and with A.M. Best rating of A- or
better and a minimum financial size of VII.
Contractor and Successor Agency agrees as follows:
1. Contractor agrees to endorse the third party general liability coverage required
herein to include as additional insureds Successor Agency, its officials,
employees, agents, using standard ISO endorsement No. CG 2010 with an
edition date of 1985. Contractor also agrees to require all contractors,
subcontractors, and any one else involved in any way with the project
contemplated by this Agreement to do likewise.
2. Any waiver of subrogation express or implied on the part of the Successor
Agency to any party involved in this Agreement or related documents applies
only to the extent of insurance proceeds actually paid. Successor Agency, having
required that it be named as an additional insured to all insurance coverage
required herein, expressly retains the right to subrogate against any party for
sums not paid by insurance. For its part, Contractor agrees to waive subrogation
rights against Successor Agency regardless of the applicability of any insurance
proceeds, and to require all contractors, subcontractors, or others involved in any
way with the project contemplated by this Agreement to do likewise.
3. All insurance coverage maintained or procured by Contractor or required of
others by Contractor pursuant to this Agreement shall be endorsed to delete the
subrogation condition as to the Successor Agency, or to specifically allow
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Contractor or others providing insurance herein to waive subrogation prior to a
loss. This endorsement shall be obtained regardless of existing policy wording
that may appear to allow such waivers.
4. It is agreed by Contractor and Successor Agency that insurance provided
pursuant to these requirements is not intended by any party to be limited to
providing coverage for the vicarious liability of Successor Agency, or to the
supervisory role, if any, of Successor Agency. All insurance coverage provided
pursuant to this or any other Agreement (express or implied) in any way relating
to Successor Agency is intended to apply to the full extent of the policies
involved. Nothing referred to here or contained in any agreement involving
Successor Agency in relation to the project contemplated by this Agreement is
intended to be construed to limit the application of insurance coverage in any
way.
5. None of the coverages required herein will be in compliance with these
requirements if they include any limiting endorsement of any kind that has not
been first submitted to Successor Agency and approved of in writing.
6. All coverage types and limits required are subject to approval, modification, and
additional requirements by the Successor Agency, as the need arises. Contractor
shall not make any reductions in scope of coverage (e.g. elimination of
contractual liability or reduction of discover period) that may affect Successor
Agency's protection without Successor Agency's prior written consent.
7. Proof of compliance with these insurance requirements, consisting of binders of
coverage, or endorsements, or certificates of insurance, shall be delivered to
Successor Agency at or prior to the execution of this Agreement. In the event
such proof of insurance is not delivered as required, or in the event such
insurance is canceled or reduced at any time and no replacement coverage is
provided, Successor Agency has the right, but not the duty, to obtain any
insurance it deems necessary to protect its interests under this or any other
Agreement and to pay the premium. Any premium so paid by Successor Agency
shall be charged to and promptly paid by Contractor or deducted from sums due
Contractor, at Successor Agency option.
8. Contractor agrees to endorse, and to required others to endorse, the insurance
provided pursuant to these requirements, to require 30 days notice to Successor
Agency and the appropriate tender prior to cancellation or reduction of such
liability coverage and notice of any material alteration or non-renewal of any such
coverage, and to require contractors, subcontractors, and any other party in any
way involved with the project contemplated by this Agreement to do likewise.
9. It is acknowledged by the parties of this Agreement that all insurance coverage
required to be provided by Contractor or any subcontractor, and any other party
involved with the project who is brought onto or involved in the project by
Contractor, is intended to apply first and on a primary non-contributing basis in
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relation to any other insurance or self insurance available to the Successor
Agency.
10. Contractor agrees to ensure that subcontractors, and any other party involved
with the project who is brought onto or involved in the project by Contractor,
provide the same minimum insurance coverage required of Contractor.
Contractor agrees to monitor and review all such coverage and assumes all
responsibility for ensuring that such coverage is provided in conformity with the
requirements of this Agreement. Contractor agrees that upon request, all
agreements with subcontractors and others engaged in this project will be
submitted to Successor Agency for review.
11. Contractor agrees that all layers of third party liability coverage required herein,
primary, umbrella and excess, will have the same starting and expiration date.
Contractor agrees further that all other third party coverages required herein will
likewise have concurrent starting and ending dates.
12. Contractor agrees not to self-insure or to use any self-insured retentions or
deductibles on any portion of the insurance required herein and further agrees
that it will not allow any contractor, subcontractor, architect, engineer, or other
entity or person in any way involved in the performance of Work on the project
contemplated by this Agreement to self-insure its obligations to Successor
Agency. If Contractor's existing coverage includes a deductible or self-insured
retention, the deductible or self-insured retention must be declared to the
Successor Agency. At that time the Successor Agency shall review options with
the Contractor, which may include reduction or elimination of the deductible or
self-insured retention, substitution of other coverage, or other solutions.
13. The Successor Agency reserves the right at any time during the term of this
Agreement to change the amounts and types of insurance required by giving the
Contractor 90 days advance written notice of such change. If such change
results in substantial additional cost to the Contractor, the Successor Agency will
negotiate additional compensation proportional to the increased benefit to
Successor Agency.
14. For purposes of applying insurance coverage only, all contracts pertaining to the
project will be deemed to be executed when finalized and any activity
commences in furtherance of performance under this Agreement.
15. Contractor acknowledges and agrees that any actual or alleged failure on the
part of Successor Agency to inform Contractor of non-compliance with any
insurance requirement in no way imposes any additional obligations on
Successor Agency nor does it waive any rights hereunder in this or any other
regard.
16. Contractor will renew the required coverage annually as long as Successor
Agency, or its employees or agents face an exposure from operations of any type
pursuance to this Agreement. This obligation applies whether or not the
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Agreement is canceled or terminated for any reason. The insurance shall include
but not be limited to products and completed operations and discontinued
operations, where applicable. Termination of this obligation is not effective until
Successor Agency executes a written statement to that effect.
17. Contractor agrees to waive its statutory immunity under any workers'
compensation statute or similar statute, in relation to the Successor Agency, and
to require all subcontractors and any other person or entity involved in the project
contemplated by this Agreement to do likewise.
18. Requirements of specific coverage features are not intended as limitations on
other requirements or as a waiver of any coverage normally provided by any
given policy. Specific reference to a given coverage feature is for purposes of
clarification only as it pertains to a given issue, and is not intended by any party
or insured to be all-inclusive.
19. Any provision in any of the construction documents dealing with the insurance
coverage provided pursuant to these requirements, is subordinate to and
superseded by the requirements contained herein. These insurance
requirements are intended to be separate and distinct from any other provision in
this Agreement and are intended by the parties to be interpreted as such.
20. All liability coverage provided according to these requirements must be endorsed
to provide a separate aggregate limit for the project that is the subject of this
Agreement and evidencing products and completed operations coverage for not
less than two years after issuance of a final certificate of occupancy by all
appropriate government agencies or acceptance of the completed work by
Successor Agency.
21. Contractor agrees to be responsible for ensuring that no contract used by any
party involved in any way with the project reserves the right to change Successor
Agency or Contractor for the cost of additional insurance coverage required by
this Agreement. Any such provisions are to be deleted with reference to
Successor Agency. It is not the intent of Successor Agency to reimburse any
third party for the cost of complying with these requirements. There shall be no
recourse against Successor Agency for payment of premiums or other amounts
with respect thereto.
22. Contractor agrees to obtain and provide to Successor Agency a copy of
Professional Liability coverage for Architects or Engineers on this project through
Contractor. Successor Agency shall determine the liability limit.
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EXHIBIT B
PROPERTY LIST
Property Address Account Number
347 Moorpark Avenue 9101.2411.5073
467 High Street 9101.2411.5064
412/450 High Street 9101.2411.5084
192 High Street 9101.2411.5038
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EXHIBIT C
SUCCESSOR AGENCY
WORK AUTHORIZATION
GENERAL PROPERTY MAINTENANCE
AT
Reference Agreement No.: 2012-XXX
Work Authorization No.:
Contractor: Mike's Handyman Service
Date of Original Agreement: XXXXX, 2012
Date of This Authorization: XXXXX, 2012
Project Title: Property Maintenance
A. Cost Summary:
Amount
Original Agreement Price $ 35,000.00
Less Work Authorizations to Date $ -
Sub-Total $ 35,000.00
Work Authorization No. $ -
Balance Remaining
to Date $ 35,000.00
B. Description of Services to be Provided:
Contractor shall perform the following services pursuant to this Work Authorization
(see proposal dated , Exhibit A):
• (Description of Property Maintenance work)
C. Schedule:
Contractor shall perform the services within fifteen (15) days of authorization.
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D. Compensation:
Contractor shall be compensated for the services completed under this Work
Authorization in the amount of ($xxx.00) (see Exhibit A).
E. Project Managers:
1. Successor Agency Project Manager: David C. Moe II
2. Contractor's Project Manager: Mike Boblett
SUCCESSOR AGENCY MIKE'S HANDYMAN SERVICE
David A. Bobardt Michael Boblett
Community Development Director Owner
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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 OCTOBER 16, 2012, APPROVING AN
AGREEMENT BETWEEN THE SUCCESSOR AGENCY OF THE
REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK
AND MIKE'S HANDYMAN SERVICE
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 to be
adopted by resolution; and
WHEREAS, at the regular meeting of October 16, 2012, the Agreement between
the Successor Agency of the City of Moorpark and Mike's Handyman Service for
maintenance of various properties 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 Agreement between the Successor Agency of the
Redevelopment Agency of the City of Moorpark and Mike's Handyman Service
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 16th day of October, 2012.
Bruce Hamous, Chairperson
ATTEST:
Maureen Benson, City Clerk
73
OVERSIGHT BOARD TO SUCCESSOR AGENCY
OF THE REDEVELOPMENT AGENCY
OF THE CITY OF MOORPARK MEETING
of /o aoa ITEM 7.E.
ACTION: ��, r4 .
0201-A- 156
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 11, Redevelopment Manager '
Prepared by: Jessica Sandifer, Management Anal
DATE: October 4, 2012 (Oversight Board Meeting of Octo a 16, 2012)
SUBJECT: Consider Resolution Authorizing Agreement Between the Successor
Agency of the Redevelopment Agency of the City of Moorpark and
R.A. Atmore, Inc. for Weed Abatement at Various Properties
BACKGROUND & DISCUSSION
The Successor Agency of the Redevelopment Agency of the City of Moorpark
("Successor Agency") is responsible for maintaining the properties that were transferred
to it upon the dissolution of the Redevelopment Agency. Since most of the properties
are vacant land, it becomes necessary throughout the course of the year, to perform
weed abatement activities at each of the properties. Staff finds it convenient to maintain
an on-call weed abatement agreement in order to take care of the property maintenance
in an expeditious manner.
The former Redevelopment Agency used R.A. Atmore, Inc. ("Atmore") to perform weed
abatement and is recommending that the Successor Agency continue to use Atmore for
on-going weed abatement on an on-call basis. Atmore has the expertise and
qualifications to perform these services and is familiar with the Successor Agency's
properties. Atmore has performed satisfactorily for the former Redevelopment Agency.
The proposed contract will be valid through June 30, 2013.
The Successor Agency is scheduled to consider this Agreement at their meeting of
October 17, 2012. The staff recommendation is to approve the Agreement.
FISCAL IMPACT
The contract is for a not-to-exceed amount of $15,000. Funds for these services have
been included on the Successor Agency's Recognized Obligation Payment Schedule
(ROPS) for the period of July - December 2012 for $10,000 and on the ROPS for the
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Oversight Board
October 16, 2012
Page 2
period of January — June 2013 for $12,000 in order to ensure sufficient funds are
available for property maintenance from the Redevelopment Property Tax Trust Fund
(RPTTF) account. If the contract expenditures exceed the amount on the ROPS, the
additional funds will be added to future ROPS for repayment from the RPTTF account.
STAFF RECOMMENDATION
Adopt Resolution No. OB-2012 authorizing an Agreement between the
Successor Agency of the Redevelopment Agency of the City of Moorpark and R.A.
Atmore, Inc. subject to City Manager and City Attorney final language approval.
Attachment 1 —Agreement
Attachment 2 — Resolution No. OB-2012
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ATTACHMENT
AGREEMENT BETWEEN THE SUCCESSOR AGENCY OF THE REDEVELOPMENT
AGENCY OF THE CITY OF MOORPARK AND R.A. ATMORE AND SONS, INC.
FOR WEED ABATEMENT AT VARIOUS LOCATIONS
THIS AGREEMENT, is made and effective as of this day of
2012, between the Successor Agency of the
Redevelopment Agency of the City of Moorpark, a municipal corporation ("Successor
Agency") and R.A. Atmore and Sons, Inc., a corporation ("Consultant"). In
consideration of the mutual covenants and conditions set forth herein, the parties agree
as follows:
WHEREAS, Successor Agency has the need for weed abatement services at
various properties throughout the fiscal year; and
WHEREAS, Consultant specializes in providing such services and has the proper
work experience, certifications, and background to carry out the duties involved; and
WHEREAS, Consultant has submitted to Successor Agency a Proposal dated
September 28, 2012, which is attached hereto as Exhibit B.
NOW, THEREFORE, in consideration of the mutual covenants, benefits, and
premises herein stated, the parties hereto agree as follows:
1. TERM
The term of this Agreement shall be for the 2012-13 fiscal year and will end on
June 30, 2013, unless this Agreement is terminated or suspended pursuant to this
Agreement.
2. SCOPE OF SERVICES
Successor Agency does hereby retain Consultant, as an independent contractor,
in a contractual capacity to provide weed abatement services, as set forth in Exhibit B.
In the event there is a conflict between the provisions of Exhibit B and this Agreement,
the language contained in this Agreement shall take precedence.
Consultant shall perform the tasks described and set forth in Exhibit B.
Consultant shall complete the tasks according to the schedule of performance, which is
also set forth in Exhibit B.
Compensation for the services to be performed by Consultant shall be in
accordance with Exhibit B. Compensation shall not exceed the rates or total contract
value of fifteen thousand dollars ($15,000.00) as stated in Exhibit B, without the written
authorization of the Executive Director. Payment by Successor Agency to Consultant
shall be in accordance with the provisions of this Agreement.
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3. PERFORMANCE
Consultant shall at all times faithfully, competently and to the best of their ability,
experience, standard of care, and talent, perform all tasks described herein. Consultant
shall employ, at a minimum, generally accepted standards and practices utilized by
persons engaged in providing similar services as are required of Consultant hereunder
in meeting its obligations under this Agreement.
4. MANAGEMENT
The individual directly responsible for Consultant's overall performance of the
Agreement provisions herein above set forth and to serve as principal liaison between
Successor Agency and Consultant shall be Richard Atmore, Jr., and no other individual
may be substituted without the prior written approval of the Executive Director.
The Successor Agency's contact person in charge of administration of this
Agreement, and to serve as principal liaison between Consultant and Successor
Agency, shall be the Executive Director or the Executive Director's designee.
5. PAYMENT
Taxpayer ID or Social Security numbers must be provided, on an IRS 1099 form,
before payments may be made to vendors.
The Successor Agency agrees to pay Consultant monthly, in accordance with the
payment rates and terms and the schedule of payment as set forth in Exhibit B, based
upon actual time spent on the above tasks. This amount shall not exceed fifteen
thousand dollars ($15,000.00) for the total term of the Agreement unless additional
payment is approved as provided in this Agreement.
Consultant shall not be compensated for any services rendered in connection
with its performance of this Agreement, which are in addition to those set forth herein,
unless such additional services are authorized in advance and in writing by the
Executive Director. Consultant shall be compensated for any additional services in the
amounts and in the manner as agreed to by Executive Director and Consultant at the
time Successor Agency's written authorization is given to Consultant for the
performance of said services.
Consultant shall submit invoices monthly for actual services performed. Invoices
shall be submitted on or about the first business day of each month, or as soon
thereafter as practical, for services provided in the previous month. Payment shall be
made within thirty (30) days of receipt of each invoice as to all non-disputed fees. Any
expense or reimbursable cost appearing on any invoice shall be accompanied by a
receipt or other documentation subject to approval of the Executive Director. If the
Successor Agency disputes any of Consultant's fees or expenses it shall give written
notice to Consultant within thirty (30) days of receipt of any disputed fees set forth on
the invoice.
R.A. Atmore and Sons, Inc. Page 2 of 15
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6. TERMINATION OR SUSPENSION WITHOUT CAUSE
The Successor Agency may at any time, for any reason, with or without cause,
suspend or terminate this Agreement, or any portion hereof, by serving upon the
Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the
Consultant shall immediately cease all work under this Agreement, unless the notice
provides otherwise. If the Successor Agency suspends or terminates a portion of this
Agreement such suspension or termination shall not make void or invalidate the
remainder of this Agreement.
The Consultant may terminate this Agreement only by providing Successor
Agency with written notice no less than thirty (30) days in advance of such termination.
In the event this Agreement is terminated or suspended pursuant to this Section,
the Successor Agency shall pay to Consultant the actual value of the work performed
up to the time of termination or suspension, provided that the work performed is of value
to the Successor Agency. Upon termination or suspension of the Agreement pursuant to
this Section, the Consultant will submit an invoice to the Successor Agency pursuant to
this Agreement.
7. DEFAULT OF CONSULTANT
The Consultant's failure to comply with the provisions of this Agreement shall
constitute a default. In the event that Consultant is in default for cause under the terms
of this Agreement, Successor Agency shall have no obligation or duty to continue
compensating Consultant for any work performed after the date of default and can
terminate or suspend this Agreement immediately by written notice to the Consultant. If
such failure by the Consultant to make progress in the performance of work hereunder
arises out of causes beyond the Consultant's control, and without fault or negligence of
the Consultant, it shall not be considered a default.
If the Executive Director or the Executive Director's designee determines that the
Consultant is in default in the performance of any of the terms or conditions of this
Agreement, designee shall cause to be served upon the Consultant a written notice of
the default. The Consultant shall have seven (7) days after service upon it of said notice
in which to cure the default by rendering a satisfactory performance. In the event that
the Consultant fails to cure its default within such period of time, the Successor Agency
shall have the right, notwithstanding any other provision of this Agreement, to terminate
this Agreement without further notice and without prejudice to any other remedy to
which it may be entitled at law, in equity or under this Agreement.
8. LIQUIDATED DAMAGES
If the Consultant fails to complete the work, or any portion thereof, within the time
period required by this Agreement, or as duly extended in writing by the Executive
Director, Consultant shall forfeit and pay to the Successor Agency, as liquidated
damages, the sum of twenty-five dollars ($25.00) per day for each calendar day the
work, or portion thereof, remains uncompleted after the above specified completion
R.A. Atmore and Sons, Inc. Page 3 of 15
78
date. Liquidated damages shall be deducted from any payments due or to become due
to the Consultant under the terms of this Agreement. Progress payments made by the
Successor Agency after the above specified completion date shall not constitute a
waiver of liquidated damages by the Successor Agency.
9. OWNERSHIP OF DOCUMENTS
Consultant shall maintain complete and accurate records with respect to sales,
costs, expenses, receipts, and other such information required by Successor Agency
that relate to the performance of services under this Agreement. Consultant shall
maintain adequate records of services provided in sufficient detail to permit an
evaluation of services. All such records shall be maintained in accordance with
generally accepted accounting principles and shall be clearly identified and readily
accessible. Consultant shall provide free access to the representatives of Successor
Agency or the Successor Agency's designees at reasonable times to such books and
records; shall give the Successor Agency the right to examine and audit said books and
records; shall permit Successor Agency to make transcripts therefrom as necessary;
and shall allow inspection of all work, data, documents, proceedings, and activities
related to this Agreement. Notification of audit shall be provided at least thirty (30) days
before any such audit is conducted Such records, together with supporting documents,
shall be maintained for a period of ten (10) years after receipt of final payment.
Upon completion of, or in the event of termination or suspension without cause of
this Agreement, all original documents, designs, drawings, maps, models, computer
files, surveys, notes, and other documents prepared in the course of providing the
services to be performed pursuant to this Agreement shall become the sole property of
the Successor Agency and may be used, reused, or otherwise disposed of by the
Successor Agency without the permission of the Consultant. With respect to computer
files, Consultant shall make available to the Successor Agency, at the Consultant's
office and upon reasonable written request by the Successor Agency, the necessary
computer software and hardware for purposes of accessing, compiling, transferring, and
printing computer files.
10. INDEMNIFICATION AND HOLD HARMLESS
Consultant shall indemnify, defend and hold harmless Successor Agency, and
any and all of its employees, officials and agents from and against any liability (including
liability for claims, suits, actions, arbitration proceedings, administrative proceedings,
regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged
or threatened, including attorneys' fees and costs, court costs, interest, defense costs,
and expert witness fees), where the same arise out of, are a consequence of, or are in
any way attributable to, in whole or in part, the performance of this Agreement by
Consultant or by any individual or entity for which Consultant is legally liable, including
but not limited to officers, agents, employees or subconsultants of Consultant.
Consultant agrees to obtain executed indemnity agreements with provisions
identical to those set forth in this Section from each and every subconsultant, or any
other person or entity involved by, for, with, or on behalf of Consultant in the
R.A. Atmore and Sons, Inc. Page 4 of 15 79
performance of this Agreement. In the event Consultant fails to obtain such indemnity
obligations from others as required here, Consultant agrees to be fully responsible
according to the terms of this Section. Failure of Successor Agency to monitor
compliance with these requirements imposes no additional obligations on Successor
Agency and will in no way act as a waiver of any rights hereunder. This obligation to
indemnify and defend Successor Agency as set forth here is binding on the successors,
assigns, or heirs of Consultant and shall survive the termination of this Agreement or
this Section.
Successor Agency does not and shall not waive any rights that it may have
against Consultant by reason of this Section, because of the acceptance by Successor
Agency, or the deposit with Successor Agency, of any insurance policy or certificate
required pursuant to this Agreement. The hold harmless and indemnification provisions
shall apply regardless of whether or not said insurance policies are determined to be
applicable to any losses, liabilities, damages, costs, and expenses described in this
Section.
11. INSURANCE
Consultant shall maintain prior to the beginning of and for the duration of this
Agreement insurance coverage as specified in Exhibit A attached hereto and
incorporated herein by this reference as though set forth in full.
12. INDEPENDENT CONSULTANT
Consultant is and shall at all times remain as to the Successor Agency a wholly
independent Contractor. The personnel performing the services under this Agreement
on behalf of Consultant shall at all times be under Consultant's exclusive direction and
control. Neither Successor Agency nor any of its officers, employees, or agents shall
have control over the conduct of Consultant or any of Consultant's officers, employees,
or agents, except as set forth in this Agreement. Consultant shall not at any time or in
any manner represent that it or any of its officers, employees, or agents are in any
manner officers, employees, or agents of the Successor Agency. Consultant shall not
incur or have the power to incur any debt, obligation, or liability against Successor
Agency, or bind Successor Agency in any manner.
No employee benefits shall be available to Consultant in connection with the
performance of this Agreement. Except for the fees paid to Consultant as provided in
the Agreement, Successor Agency shall not pay salaries, wages, or other compensation
to Consultant for performing services hereunder for Successor Agency. Successor
Agency shall not be liable for compensation or indemnification to Consultant for injury or
sickness arising out of performing services hereunder.
13. LEGAL RESPONSIBILITIES
The Consultant shall keep itself informed of local, state and federal laws and
regulations which in any manner affect those employed by it or in any way affect the
performance of its service pursuant to this Agreement. The Consultant shall at all times
R.A. Atmore and Sons, Inc. Page 5 of 15
80
observe and comply with all such laws and regulations. The Successor Agency, and its
officers and employees, shall not be liable at law or in equity occasioned by failure of
the Consultant to comply with this Section.
14. ANTI DISCRIMINATION
Neither the Consultant, nor any subconsultant under the Consultant, shall
discriminate in employment of persons upon the work because of race, religious creed,
color, national origin, ancestry, physical handicap, medical condition, marital status, or
gender of such person, except as provided in Section 12940 of the Government Code.
The Consultant shall have responsibility for compliance with this Section [Labor Code
Sec. 1735].
15. UNDUE INFLUENCE
Consultant declares and warrants that no undue influence or pressure is used
against or in concert with any officer or employee of the Successor Agency in
connection with the award, terms or implementation of this Agreement, including any
method of coercion, confidential financial arrangement, or financial inducement. No
officer or employee of the Successor Agency will receive compensation, directly or
indirectly from Consultant, or any officer, employee or agent of Consultant, in
connection with the award of this Agreement or any work to be conducted as a result of
this Agreement. Violation of this Section shall be a material breach of this Agreement
entitling the Successor Agency to any and all remedies at law or in equity.
16. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of the Successor Agency, or their designees or
agents, and no public official who exercises authority over or responsibilities with
respect to the Services during his/her tenure or for one (1) year thereafter, shall have
any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds
thereof, for work to be performed in connection with the Services performed under this
Agreement.
17. CONFLICT OF INTEREST
Consultant covenants that neither they nor any officer or principal of their firm
have any interests, nor shall they acquire any interest, directly or indirectly, which will
conflict in any manner or degree with the performance of their services hereunder.
Consultant further covenants that in the performance of this Agreement, they shall
employ no person having such interest as an officer, employee, agent, or subconsultant.
Consultant further covenants that Consultant has not contracted with nor is performing
any services directly or indirectly, with the developer(s) and/or property owner(s) and/or
firm(s) and/or partnership(s) and/or public agency(ies) owning property and/or
processing an entitlement application for property in the City or its Area of Interest, now
or within the past one (1) year, and further covenants and agrees that Consultant and/or
its subconsultants shall provide no service or enter into any contract with any
developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) and/or public
R.A. Atmore and Sons, Inc. Page 6 of 15
81
agency(ies) owning property and/or processing an entitlement application for property in
the City or its Area of Interest, while under contract with the Successor Agency and for a
one (1) year time period following termination of this Agreement.
18. NOTICE
Any notice to be given pursuant to this Agreement shall be in writing, and all such
notices and any other document to be delivered shall be delivered by personal service
or by deposit in the United States mail, certified or registered, return receipt requested,
with postage prepaid, and addressed to the party for whom intended as follows:
To: Executive Director
Successor Agency of the Redevelopment Agency of the
City of Moorpark
799 Moorpark Avenue
Moorpark, California 93021
To: Richard Atmore, Jr.
R.A. Atmore and Sons, Inc.
2977 Sexton Canyon Road
Ventura, California 93003
Either party may, from time to time, by written notice to the other, designate a
different address or contact person, which shall be substituted for the one above
specified. Notices, payments and other documents shall be deemed delivered upon
receipt by personal service or as of the third (3rd) day after deposit in the United States
mail.
19. CHANGE IN NAME
Should a change be contemplated in the name or nature of the Consultant's legal
entity, the Consultant shall first notify the Successor Agency in order that proper steps
may be taken to have the change reflected in the Agreement documents.
20. ASSIGNMENT
Consultant shall not assign this Agreement or any of the rights, duties or
obligations hereunder. It is understood and acknowledged by the parties that Consultant
is uniquely qualified to perform the services provided for in this Agreement.
21. LICENSES
At all times during the term of this Agreement, Consultant shall have in full force
and effect, all licenses required of it by law for the performance of the services in this
Agreement.
R.A. Atmore and Sons, Inc. Page 7 of 15
82
22. VENUE AND GOVERNING LAW
This Agreement is made, entered into, and executed in Ventura County,
California, and any action filed in any court or for arbitration for the interpretation,
enforcement or other action of the terms, conditions, or covenants referred to herein
shall be filed in the applicable court in Ventura County, California. The Successor
Agency and Consultant understand and agree that the laws of the State of California
shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement
and also govern the interpretation of this Agreement.
23. COST RECOVERY
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 Agreement or as a result of any
alleged breach of any provision of this Agreement, the prevailing party shall be entitled
to recover its costs and expenses from the losing party, and any judgment or decree
rendered in such a proceeding shall include an award thereof.
24. ARBITRATION
Cases involving a dispute between Successor Agency and Consultant may be
decided by an arbitrator if both sides agree in writing, with costs proportional to the
judgment of the arbitrator.
25. ENTIRE AGREEMENT
This Agreement and the Exhibits attached hereto contain the entire
understanding between the parties relating to the obligations of the parties described in
this Agreement. All prior or contemporaneous agreements, understandings,
representations, and statements, oral or written, are merged into this Agreement and
shall be of no further force or effect. Each party is entering into this Agreement based
solely upon the representations set forth herein and upon each party's own independent
investigation of any and all facts such party deems material.
26. CAPTIONS OR HEADINGS
The captions and headings of the various Articles, Paragraphs, and Exhibits of
this Agreement are for convenience and identification only and shall not be deemed to
limit or define the content of the respective Articles, Paragraphs, and Exhibits hereof.
27. AMENDMENTS
Any amendment, modification, or variation from the terms of this Agreement shall
be in writing and shall be effective only upon approval by both parties to this Agreement.
R.A. Atmore and Sons, Inc. Page 8 of 15 83
28. PRECEDENCE
In the event of conflict, the requirements of the Successor Agency's Request for
Proposal, if any, and this Agreement shall take precedence over those contained in the
Consultant's Proposal.
29. INTERPRETATION OF AGREEMENT
Should interpretation of this Agreement, or any portion thereof, be necessary, it is
deemed that this Agreement was prepared by the parties jointly and equally, and shall
not be interpreted against either party on the ground that the party prepared the
Agreement or caused it to be prepared.
30. WAIVER
No waiver of any provision of this Agreement shall be deemed, or shall
constitute, a waiver of any other provision, whether or not similar, nor shall any such
waiver constitute a continuing or subsequent waiver of the same provision. No waiver
shall be binding unless executed in writing by the party making the waiver.
31. AUTHORITY TO EXECUTE
The person or persons executing this Agreement on behalf of the Consultant
warrants and represents that he/she has the authority to execute this Agreement on
behalf of the Consultant and has the authority to bind Consultant to the performance of
obligations hereunder.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
R.A. Atmore and Sons, Inc. Page 9 of 15 84
THE SUCCESSOR AGENCY OF THE R.A. ATMORE AND SONS, INC.
REDEVELOPMENT AGENCY OF THE
CITY OF MOORPARK
By: By:
Steven Kueny, Executive Director Richard Atmore, Jr., President
Attest:
Maureen Benson
Successor Agency Secretary
R.A. Atmore and Sons, Inc. Page 10 of 15
85
Exhibit A
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of Work, Consultant will maintain
insurance in conformance with the requirements set forth below. Consultant will use
existing coverage to comply with these requirements. If that existing coverage does not
meet requirements set forth here, Consultant agrees to amend, supplement or endorse
the existing coverage to do so. Consultant acknowledges that the insurance coverage
and policy limits set forth in this section constitute the minimum amount of coverage
required. Any insurance proceeds available to the Successor Agency in excess of the
limits and coverage required in this Agreement and which is applicable to a given loss,
will be available to the Successor Agency.
Consultant shall provide the following types and amounts of insurance:
Commercial General Liability Insurance using Insurance Services Office (ISO)
"Commercial General Liability" policy form CG 00 01 or the exact equivalent. Defense
costs must be paid in addition to limits. There shall be no cross liability exclusion for
claims or suits by one insured against another. Limits are subject to review but in no
event less than $1,000,000 per occurrence for all covered losses and no less than
$2,000,000 general aggregate.
Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including
symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no
event to be less than $1,000,000 per accident. If Consultant owns no vehicles, this
requirement may be satisfied by a non-owned auto endorsement to the general liability
policy described above. If Consultant or Consultant's employees will use personal autos
in any way on this project, Consultant shall provide evidence of personal auto liability for
each such person.
Workers' Compensation on a state-approved policy form providing statutory benefits as
required by law with employer's liability limits no less than $1,000,000 per accident or
disease.
Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit
requirements, shall provide coverage at least as broad as specified for the underlying
coverages. Coverage shall be provided on a "pay on behalf' basis, with defense costs
payable in addition to policy limits. Policy shall contain a provision obligating insurer at
the time insured's liability is determined, not requiring actual payment by the insured
first. There shall be no cross liability exclusion precluding coverage for claims or suits by
one insured against another. Coverage shall be applicable to the Successor Agency for
injury to employees of Consultant, subconsultants or others involved in the Work. The
scope of coverage provided is subject to approval by the Successor Agency following
receipt of proof of insurance as required herein. Limits are subject to review.
R.A. Atmore and Sons, Inc. Page 11 of 15 86
Insurance procured pursuant to these requirements shall be written by insurers that are
admitted carriers in the State of California and with an A.M. Bests rating of A- or better
and a minimum financial size of VII.
General conditions pertaining to provision of insurance coverage by Consultant.
Consultant and the Successor Agency agree to the following with respect to insurance
provided by Consultant:
1. Consultant agrees to have its insurer endorse the third party general liability
coverage required herein to include as additional insureds the Successor
Agency, its officials, employees, and agents, using standard ISO endorsement
CG 2010 with an edition prior to 1992. Consultant also agrees to require all
contractors and subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall
prohibit Consultant, or Consultant's employees, or agents, from waiving the right
to subrogation prior to a loss. Consultant agrees to waive subrogation rights
against the Successor Agency regardless of the applicability of any insurance
proceeds, and to require all contractors and subcontractors to do likewise.
3. All insurance coverage and limits provided by Contractor and available or
applicable to this Agreement are intended to apply to the full extent of the
policies. Nothing contained in this Agreement or any other agreement relating to
the Successor Agency or its operation limits the application of such insurance
coverage.
4. None of the coverages required herein will be in compliance with these
requirements if they include limiting endorsement of any kind that has not been
first submitted to the Successor Agency and approved in writing.
5. No liability policy shall contain any provision or definition that would serve to
eliminate so-called "third party action over" claims, including any exclusion for
bodily injury to an employee of the insured or of any contractor or subcontractor.
6. All coverage types and limits required are subject to approval, modification, and
additional requirements by the Successor Agency, as the need arises.
Consultant shall not make any reductions in scope of coverage (e.g. elimination
of contractual liability or reduction of discovery period) that may affect the
Successor Agency's protection without the Successor Agency's prior written
consent.
7. Proof of compliance with these insurance requirements, consisting of certificates
of insurance evidencing all of the coverages required and an additional insured
endorsement to Consultant's general liability policy, shall be delivered to
Successor Agency at or prior to the execution of this Agreement. In the event
such proof of any insurance is not delivered as required, or in the event such
insurance is canceled or reduced at any time and no replacement coverage is
provided, the Successor Agency has the right, but not the duty, to obtain any
R.A. Atmore and Sons, Inc. Page 12 of 15 87
insurance it deems necessary to protect its interests under this or any other
Agreement and to pay the premium. Any premium so paid by the Successor
Agency shall be charged to and promptly paid by Consultant or deducted from
sums due Consultant, at the Successor Agency's option.
8. Certificate(s) are to reflect that the insurer will provide thirty (30) days notice to
the Successor Agency of any cancellation or reduction of coverage. Consultant
agrees to require its insurer to modify such certificates to delete any exculpatory
wording stating that failure of the insurer to mail written notice of cancellation or
reduction of coverage imposes no obligation, or that any party will "endeavor" (as
opposed to being required) to comply with the requirements of the certificate.
9. It is acknowledged by the parties of this Agreement that all insurance coverage
required to be provided by Consultant or any subcontractor, is intended to apply
first and on a primary, non-contributing basis in relation to any other insurance or
self-insurance available to the Successor Agency.
10. Consultant agrees to ensure that subcontractors, and any other party involved
with the Work who is brought onto or involved in the Work by Consultant, provide
the same minimum insurance required of Consultant. Consultant agrees to
monitor and review all such coverage and assumes all responsibility for ensuring
that such coverage is provided in conformity with the requirements of this
section. Consultant agrees that upon request, all agreements with subcontractors
and others engaged in the Work will be submitted to the Successor Agency for
review.
11. Consultant agrees not to self-insure or to use any self-insured retentions or
deductibles on any portion of the insurance required herein and further agrees
that it will not allow any contractor, subcontractor, Architect, Engineer, or other
entity or person in any way involved in the performance of Work contemplated by
this Agreement to self-insure its obligations to the Successor Agency. If
Consultant's existing coverage includes a deductible or self-insured retention, the
deductible or self-insured retention must be declared to the Successor Agency.
At that time, the Successor Agency shall review options with the Consultant,
which may include reduction or elimination of the deductible or self-insured
retention, substitution of other coverage, or other solutions.
12. The Successor Agency reserves the right at any time during the term of the
Agreement to change the amounts and types of insurance required by giving the
Consultant 90 days advance written notice of such change. If such change
results in substantial additional cost to the Consultant, the Successor Agency will
negotiate additional compensation proportional to the increased benefit to the
Successor Agency.
13. For purposes of applying insurance coverage only, this Agreement will be
deemed to have been executed immediately upon any party hereto taking any
steps that can be deemed to be in furtherance of or towards performance of this
Agreement.
R.A. Atmore and Sons, Inc. Page 13 of 15 88
14. Consultant acknowledges and agrees that any actual or alleged failure on the
part of the Successor Agency to inform Consultant of non-compliance with an
insurance requirement in no way imposes any additional obligations to the
Successor Agency nor does it waive any rights hereunder in this or any other
regard.
15. Consultant will renew the required coverage annually as long as the Successor
Agency, or its employees or agents face an exposure from operations of any type
pursuant to this Agreement. This obligation applies whether or not the Agreement
is canceled or terminated for any reason. Termination of this obligation is not
effective until the Successor Agency executes a written statement to that effect.
16. Consultant shall provide proof that policies of insurance required herein expiring
during the term of this Agreement have been renewed or replaced with other
policies providing at least the same coverage. Proof that such coverage has
been ordered shall be submitted prior to expiration. As coverage binder or letter
from Consultant's insurance agent to this effect is acceptable. A certificate of
insurance and/or additional insured endorsement as required in these
specification applicable to the renewing or new coverage must be provided to the
Successor Agency within five days of the expiration of coverage.
17. The provisions of any Workers' Compensation or similar act will not limit the
obligations of Consultant under this Agreement. Consultant expressly agrees not
to use any statutory immunity defenses under such laws with respect to the
Successor Agency, its employees, officials, and agents.
18. Requirements of specific coverage features or limits contained in this section are
not intended as limitations on coverage, limits, or other requirements nor as a
waiver of any coverage normally provided by any given policy. Specific reference
to a given coverage feature is for purposes of clarification only as it pertains to a
given issue, and is not intended by any party or insured to be limiting or all-
inclusive.
19. These insurance requirements are intended to be separate and distinct from any
other provision in this Agreement and are intended by the parties here to be
interpreted as such.
20. The requirements in this section supersede all other sections and provisions of
this Agreement to the extent that any other section or provision conflicts or
impairs the provisions of this section.
21. Consultant agrees to be responsible for ensuring that no contract used by any
party involved in any way with the Work reserves the right to charge the
Successor Agency or Consultant for the cost of additional insurance coverage
required by this Agreement. Any such provisions are to be deleted with reference
to the Successor Agency. It is not the intent of the Successor Agency to
reimburse any third party for the cost of complying with these requirements.
R.A. Atmore and Sons, Inc. Page 14 of 15 89
There shall be no recourse against the Successor Agency for payment of
premiums or other amounts with respect thereto.
22. Consultant agrees to provide immediate notice to Successor Agency of any claim
or loss against Consultant arising out of the work performed under this
Agreement. The Successor Agency assumes no obligation or liability by such
notice, but has the right (but not the duty) to monitor the handling of any such
claim or claims if they are likely to involve the Successor Agency.
R-A. Atmore and Sons, Inc. Page 15 of 15 90
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 OCTOBER 16, 2012, APPROVING AN
AGREEMENT BETWEEN THE SUCCESSOR AGENCY OF THE
REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK
AND R.A. ATMORE, 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 to be
adopted by resolution; and
WHEREAS, at the regular meeting of October 16, 2012, the Agreement between
the Successor Agency of the City of Moorpark and R.A. Atmore, Inc. for weed
abatement at various properties was submitted to the Oversight Board for Approval
(Agenda Item 7.E.).
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 Agreement between the Successor Agency of the
Redevelopment Agency of the City of Moorpark and R.A. Atmore, 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 16th day of October, 2012.
Bruce Hamous, Chairperson
ATTEST:
Maureen Benson, City Clerk
91
OVERSIGHT BOARD TO SUCCESSOR AGENCY
OF THE REDEVELOPMENT AGENCY
OF THE CITY OF MOORPARK MEETING ITEM 7.F.
of O- i
ACTION:
A2i1141- 0A- a?5. ---
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: October 4, 2012 (Oversight Board Meeting of October 16, 2012)
SUBJECT: Consider Resolution Cancelling the November 20, 2012, Regular City
Council Meeting
DISCUSSION
The regularly scheduled Oversight Board meeting for November 20, 2012, falls two
days before the Thanksgiving holiday. Staff does not have any scheduled items for this
meeting and doesn't anticipate any need for a special meeting. Therefore, staff
recommends cancellation of the November 20, 2012.
FISCAL IMPACT
None.
STAFF RECOMMENDATION
Adopt Resolution No. OB-2012 directing staff to post a notice of cancellation
for November 20, 2012.
Attachment 1 — Resolution No. OB-2012
92
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 REGULAR MEETING OF OCTOBER 16, 2012,
DIRECTING STAFF TO POST A NOTICE OF
CANCELLATION FOR THE NOVEMBER 20, 2012,
REGULAR MEETING
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, staff recommended
cancellation of the November 20, 2012, regular meeting (Agenda Item 75.).
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 . Direct staff to post the cancellation of the November 20, 2012,
regular meeting.
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
93