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Resolution No. SA-2012-01
NOTICE AND CALL OF A SPECIAL MEETING
OF THE SUCCESSOR AGENCY OF THE
REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK
TO THE MEMBERS OF THE SUCCESSOR AGENCY:
NOTICE IS HEREBY GIVEN that a Special Meeting of the Successor Agency of
the Redevelopment Agency of the City of Moorpark is hereby called to be held on
Wednesday, September 19, 2012, commencing at 7:30 p.m. Said meeting will convene
in the Moorpark Community Center located at 799 Moorpark Avenue, Moorpark,
California.
Said Special Meeting shall be for the purpose of considering the following:
1. CALL TO ORDER:
2. ROLL CALL:
3. PUBLIC COMMENT:
4. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
All writings and documents provided to the majority of the Agency regarding all open-session agenda items
are available for public inspection at the City Hall public counter located at 799 Moorpark Avenue during
regular business hours. The agenda packet for all regular Redevelopment Agency meetings is also available
on the City's website at www.ci.moorpark.ca.us.
Any member of the public may address the Agency during the Public Comments portion of the Agenda,
unless it is a Public Hearing or a Presentation/Action/ Discussion item. Speakers who wish to address the
Agency concerning a Public Hearing or Presentations/Action/Discussion item must do so during the Public
Hearing or Presentations/Action/ Discussion portion of the Agenda for that item. Speaker cards must be
received by the City Clerk for Public Comment prior to the beginning of the Public Comments portion of the
meeting; for a Presentation/Action/Discussion item, prior to the Chair's call for speaker cards for each
Presentation/Action/ Discussion agenda item; and for a Public Hearing item, prior to the opening of each
Public Hearing,or beginning of public testimony for a continued hearing.A limitation of three minutes shall
be imposed upon each Public Comment and Presentation/Action/Discussion item speaker. A limitation of
three to five minutes shall be imposed upon each Public Hearing item speaker.Written Statement Cards may
be submitted in lieu of speaking orally for open Public Hearings and Presentation/Action/Discussion items.
Any questions concerning any agenda item may be directed to the City Clerk's office at 517-6223.
SPECIAL MEETING NOTICE - Successor Agency of the Redevelopment Agency of the
City of Moorpark
September 19, 2012
Page 2
5. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED)
A. Consider Resolution Adopting Bylaws for the Successor Agency of the
Redevelopment Agency of the City of Moorpark (Successor Agency).
Staff Recommendation: Adopt Resolution No. SA-2012-01. (Staff:
Deborah Traffenstedt and Maureen Benson)
B. Consider 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 a.m. to
10:30 12.m. on High Street. Staff Recommendation: 1) Waive fees for use
of Successor Agency property; and 2) Require the Rotary Club of
Moorpark Morning to provide the Successor Agency with an
indemnification agreement, and naming the Successor Agency as
additional insured in the insurance policy. (Staff: David Moe)
C. Consider 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: Approve the third amendment to the Professional
Services Agreement with Ky Spangler for Special Projects Consulting
Services for activities related to the construction of the Ruben Castro
Human Services Center and authorize the City Manager to execute the
Agreement, subject to final language approval of the City Manager and
City Attorney. (Staff: Hugh Riley)
D. Consider Authorizing Use of Successor Agency Property to Support the
Annual Roam'N Relics Car Show on October 28 2012. and Waive Rental
Fee. Staff Recommendation: Approve use of Successor Agency property
and waive rental fee, and require the Roam'N Relics Car Club to provide
the Successor Agency with an indemnification agreement, and name the
Successor Agency as additional insured in the insurance policy. (Staff:
David Moe)
E. Consider 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: Approve use of Successor Agency
property and waive rental fees, and require the Moorpark Chamber of
Commerce to provide the Successor Agency with an indemnification
agreement, naming as additional insured in the insurance policy. (Staff:
David Moe)
SPECIAL MEETING NOTICE— Successor Agency of the Redevelopment Agency of the
City of Moorpark
September 19, 2012
Page 3
5. CONSENT CALENDAR: (continued)
F. Consider Lease Agreement between the Successor Agency to the
Redevelopment Agency of the City of Moorpark and Tom Lindstrom RV
Sales, Inc. Staff Recommendation: Approve Lease Agreement between
the Successor Agency to the Redevelopment Agency of the City of
Moorpark and Tom Lindstrom RV Sales, Inc., subject to final language
approval of the City Manager and City Attorney. (Staff: David Moe)
G. Consider Authorizing the City Manager to Negotiate and Approve Short-
Term Lease Agreements for Successor Agency Property. Staff
Recommendation: Authorize the City Manager to negotiate and execute
short-term lease agreements for Successor Agency property. (Staff:
David Moe)
H. Consider Due Diligence Review and Authorize the City Manager to
Execute Amendment No 1 to the Agreement for Independent Auditing
Services. Staff Recommendation: Approve the increase of the all-
inclusive audit fee by $20,000 to include Due Diligence Review and
related Reports; and authorize the City Manager to execute the
Amendment No. 1, subject to final language approval by the City Manager
and the City Attorney. ROLL CALL VOTE REQUIRED (Staff: Ron
Ahlers)
6. CLOSED SESSION:
A. CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Subdivision (b) of Section
54956.9 of the Government Code: (Number of cases to be discussed - 4)
B. CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION
Initiation of litigation pursuant to Subdivision (c) of Section 54956.9 of the
Government Code: (Number of cases to be discussed —4)
7. ADJOURNMENT:
Dated: September 18, 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)51T-6223. Upon request,
the agenda can be made available in appropriate alternative formats to persons with a disability.Upon advance notification
of the need for disability-related modification or accommodation, reasonable arrangements will be made by City staff to
provide accessibility to the meeting(28 CFR 35.102-35.104;ADA Title 11).
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss
CITY OF MOORPARK )
AFFIDAVIT OF POSTING
SPECIAL MEETING NOTICE
I, Maureen Benson, declare as follows:
That I am the City Clerk of the City of Moorpark and that a Special Meeting of the
Successor Agency of the Redevelopment Agency of the City of Moorpark will be held on
Wednesday, September 19, 2012, commencing at 7:30 p.m. at the Moorpark
Community Center, located at 799 Moorpark Avenue, Moorpark, California. A copy of
said Notice was posted on September 18, 2012, at a conspicuous place at the
Moorpark Community Center, 799 Moorpark Avenue, Moorpark, California.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on September 18, 2012.
Maureen Benson, City Clerk
SUCCESSOR AGENCY
OF THE REDEVELOPMENT AGENCY
OF THE CITY OF MOORPARK MEETING
of ITEM 5.A.
ACTION:
f",4
BY:
SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY
OF THE CITY OF MOORPARK
AGENDA REPORT
TO: Honorable Board Members
FROM: Deborah S. Traffenstedt, Deputy City Manager 'TP�T^
Maureen Benson, City Clerk Ljy4'�Y'
DATE: September 14, 2012 (SA Special Meeting of 09/19/12)
SUBJECT: Consider Resolution Adopting Bylaws for the Successor Agency of the
Redevelopment Agency of the City of Moorpark (Successor Agency)
DISCUSSION
The Successor Agency was established by adoption of City Council Resolution No. 2012-
3079 at a special meeting on January 4, 2012, as a result of Assembly Bill X1 26 (AB X1
26).
Assembly Bill 1484 (AB 1484), enacted June 27, 2012 amended AB X1 26 to provide that
successor agencies be designated as separate public entities from the public agency that
provides for its governance and the two entities shall not merge. In response to AB 1484,
a resolution has been prepared for the City Council's consideration at their regular meeting
of September 19, 2012, to recognize the separate legal existence of the Successor
Agency and Successor Housing Agency. The City Council resolution includes direction for
bylaws to be adopted for the Successor Agency and Successor Housing Agency, which
bylaws will include the regular meeting time and place, officers, and applicable rules of
procedure for meetings and related functions and activities. A draft resolution adopting
bylaws is attached to this report and has been reviewed by the Assistant City Attorney.
The regular meeting time and place is the same as the regular City Council meeting, and
staffs intent will be to create a combined agenda. In the attached draft resolution, the City
Council Rules of Procedure for Meetings and Related Functions and Activities are
referenced as being applicable to the Successor Agency, and staffs intention will be to
schedule an update of the referenced Rules of Procedure to address the combined
agenda format.
STAFF RECOMMENDATION
Adopt Resolution No. SA-2012-01.
Attachment: Draft Resolution
1
RESOLUTION NO. SA-2012-01
A RESOLUTION OF THE SUCCESSOR AGENCY OF THE
REDEVELOPMENT AGENCY OF THE CITY OF
MOORPARK, CALIFORNIA, ADOPTING BYLAWS
WHEREAS, the City Council adopted Resolution No. 2012-3079 on January 4,
2012, designating the City of Moorpark as the Successor Agency of the Redevelopment
Agency of the City of Moorpark ("Successor Agency") consistent with the provisions of
Assembly Bill X1 26 (AB X1 26); and
WHEREAS,the Successor Agency was established pursuant to Health and Safety
Code Section 341710); and
WHEREAS,the City of Moorpark became the SuccessorAgency by operation of law
on February 2, 2012, pursuant to provisions of AB X1 26; and
WHEREAS,Assembly Bill 1484(AB 1484)enacted June 27, 2012, modified AB X1
26, including language which explicitly provides that a successor agency is a separate legal
entity from the public agency that provides for its governance and the two entities shall not
merge; and
WHEREAS,the City Council adopted Resolution No. 2012- on September 19,
2012, to acknowledge the Successor Agency as a separate public entity, and to establish
that the members of the City Council for the City of Moorpark will continue to serve as the
governing board of the Successor Agency; and
WHEREAS,the City Council's resolution acknowledging the SuccessorAgency as a
separate public entity also provided direction for the adoption of bylaws by separate
resolution of the Successor Agency,which bylaws were to include the regular meeting time
and place, officers, and rules of procedure for meetings and related functions and
activities.
NOW, THEREFORE, THE SUCCESSOR AGENCY OF THE REDEVELOPMENT
AGENCY OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The Successor Agency of the Redevelopment Agency of the City of
Moorpark (Successor Agency) does hereby establish the following Bylaws:
ARTICLE I — THE AGENCY
1. Name of Agency. The name of the Agency shall be the "Successor Agency
of the Redevelopment Agency of the City of Moorpark" ("Successor Agency").
2. Seal of Agency. The seal of the City of Moorpark, California, as established
by Chapter 1.08 of the Moorpark Municipal Code, shall be used as the seal for the
Successor Agency legislative records, recorded documents, contracts and all other
2
Resolution No. SA-2012-01
Page 2
instruments requiring application of a seal and authorized by the Successor Agency to be
executed.
3. Office of Agency. The office of the Successor Agency shall be at the City
Hall of the City of Moorpark, California, or at such other place in said City as the Successor
Agency may from time-to-time designate by resolution.
4. Governing Board. The members of the City Council for the City of Moorpark
will serve as the governing board of the Successor Agency.
ARTICLE II — OFFICERS
1. Officers. The officers of the Successor Agency shall be a Chair, Vice Chair,
Executive Director, Assistant Executive Director, General Counsel, Treasurer, Secretary,
and Assistant Secretary.
2. Chair. The Mayor of the City of Moorpark shall be the Chair of the Successor
Agency. The Chair shall preside at all meetings of the Successor Agency. Except as
otherwise authorized by resolution of the Successor Agency, the Chair shall sign all
contracts, deeds, and other instruments made by the Successor Agency. At each meeting,
the Chair shall submit such recommendations and information as the Chair may consider
proper concerning the business affairs and policies of the Successor Agency.
3. Vice Chair. The Mayor Pro Tempore shall be the Vice Chair of the Successor
Agency. The Vice Chair shall perform the duties of the Chair in the absence, incapacity,
resignation, or death of the Chair.
4. Executive Director. The City Manager of the City of Moorpark shall act as the
Executive Director of the Successor Agency. The Executive Director shall have general
supervision of the administration of its business affairs, subject to the discretion of the
Successor Agency.
5. Assistant Executive Director. The Assistant City Manager of the City of
Moorpark shall act as the Assistant Executive Director of the Successor Agency. The
Assistant Executive Director shall perform the duties of the Executive Director in the
absence, incapacity, resignation, or death of the Executive Director.
6. General Counsel. The City Attorney of the City of Moorpark shall act as a
legal advisor to the Successor Agency and shall be known as the General Counsel, except
that the Successor Agency may employ Special Counsel to handle specialized legal work.
Such Special Counsel shall cooperate with and report to the General Counsel.
7. Treasurer. The Treasurer of the City of Moorpark shall act as the Treasurer
of the Successor Agency. The Treasurer shall have the care and custody of all funds of
the Successor Agency and shall deposit the same in the name of the Successor Agency in
such bank or banks as the Successor Agency may select. The Treasurer shall sign all
3
Resolution No. SA-2012-01
Page 3
orders and checks for the payment of money and shall pay out and disburse such monies
under the direction of the Successor Agency. All the demands shall be presented and paid
in substantially the same manner as other demands presented to and paid by the City.
8. Secretary. The City Clerk of the City of Moorpark shall act as the Secretary
of the Successor Agency. The Secretary shall keep the records of the Successor Agency,
shall act as Clerk for the meeting of the Successor Agency and record all votes, and shall
keep a record of the proceedings of the Successor Agency in a journal of proceedings to
be kept in such purposes, including but not limited to minutes and resolutions, and shall
perform all duties incident to the office. The Secretary shall affix the Seal of the City of
Moorpark to all contracts and instruments authorized to be executed by the Successor
Agency.The Secretary shall be authorized to accept and consent to the recordation of any
deed or grant conveying any interest in or easement upon real property to said Successor
Agency that the Successor Agency Board has approved.
9. Assistant Secretary. The Assistant City Clerk of the City of Moorpark shall
act as the Assistant Secretary of the Successor Agency.The Secretary may delegate any
of the assigned responsibilities of the Secretary position to the Assistant Secretary. The
Assistant Secretary shall perform the duties of the Secretary in the absence, incapacity,
resignation or death of the Secretary.
10. Other Personnel and Services. The departments, officers, agents, and
employees of the City of Moorpark shall furnish to the Successor Agency, upon the request
of the Executive Director, and with the general consent of the Board of Directors of the
Successor Agency, services in connection with matters within the scope and normal
activities of the City.
11. Office Bonds and Insurance. Officers who hold a comparable bonded
position with the City of Moorpark shall not be required to post additional bonds or secure
additional crime bond insurance. A person not holding a comparable position with the City
may be required by the Executive Director or his or her designee to post a bond or provide
insurance for no less than the amount of the bond or insurance for a comparable City
position.
12. Compensation. Compensation of Successor Agency members, officers,
agents, counsel, and employees, including for expenses incurred while performing
Successor Agency business, shall be determined by the Successor Agency.
ARTICLE III — MEETINGS
1. Rules of Procedure for Meetings and Related Functions and Activities.
Except as otherwise provided in the applicable State law for a successor agency, the City
Council Rules of Procedure for Meetings and Related Functions and Activities, as set forth
by resolution duly enacted by the City Council, shall also apply to the Council acting as the
Successor Agency Board insofar as the Rules can be made applicable.
4
Resolution No. SA-2012-01
Page 4
2. Meeting Time and Place. The regular meeting for the Successor Agency
shall be held the first and third Wednesday of each month at 7:00 p.m. at the Moorpark
Community Center located at 799 Moorpark Avenue, unless otherwise posted by the
Secretary of the Successor Agency.
SECTION 2. The Secretary of the Successor Agency shall certify to the adoption
of this resolution, shall cause a certified resolution to be filed in the book of original
resolutions, and shall record the same with the County Recorder of Ventura County.
PASSED AND ADOPTED this 19th day of September, 2012.
Janice S. Parvin, Chair
ATTEST:
Maureen Benson, Secretary
5
SUCCESSOR AGENCY
OF THE REDEVELOPMENT AGENCY
OF THE CITY OF MOORPARK MEETING
of 9-1 9-1?191 ,
ACTION:
ITEM 5.13.
BY:
SUCCESSOR AGENCY OF THE
REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK
AGENDA REPORT
TO: Honorable City Council
FROM: David C. Moe II, Redevelopment Manager
DATE: September 10, 2012 (Successor Agency Meeting of September 19,
2012)
SUBJECT: Consider Request from the Rotary Club of Moorpark Morning to Use
Property Adjacent to High Street and Waive Rental Fees for a Beer
and Food Tasting Event Scheduled for October 6, 2012, from 5:00
p.m. to 10:30 p.m. on High Street
SUMMARY
The Successor Agency of the Redevelopment Agency of the City of Moorpark
("Successor Agency") is being asked to approve use of certain Successor Agency
owned property south of High Street, and to waive rental fees for use of the property.
BACKGROUND & DISCUSSION
The Rotary Club of Moorpark Morning has held its annual Beer and Food tasting event
the last two years in downtown Moorpark. The 2012 event is planned for Saturday,
October 6, 2012. Set up will begin immediately following the Country Days Parade and
Street Fair. Gates will open for the VIP ticker holders at 5:00 p.m. and general
admission will begin at 6:00 p.m. The event will conclude at 10:30 p.m. and it is
estimated that tear down will last until 12:00 -12:30 a.m.
In past years, the event has been located at 192 High Street. This year it is planned to
be held in the High Street right of way generally from Walnut Street to Bard Street. In
order to support this event with parking and staging, the Rotary Club of Moorpark
Morning is requesting use of Successor Agency property south of High Street and to
waive rental fees for use of the property.
In the past, the former Redevelopment Agency of the City of Moorpark has traditionally
granted the Rotary Club of Moorpark Morning request to waive rental fees for their
annual Beer and Food tasting event since the Rotary Club of Moorpark Morning
6
Successor Agency
September 19, 2012
Page 2
donates the proceeds to local charities, and Moorpark businesses benefit from
increased visibility.
Last year the event experienced a significant increase in the number of people that
attended the event over the previous year. Staff has worked with the Rotary Club of
Moorpark Morning to continue fostering this event and ensure public safety.
Staff recommends the same fee reductions the former Redevelopment Agency of the
City of Moorpark approved in previous years, which has been to waive fees for use of
the property on the south side of High Street, described as two dirt parking lots and the
area in front of the old granary building.
FISCAL IMPACT
None.
STAFF RECOMMENDATION
1. Waive fees for use of Successor Agency property; and
2. Require the Rotary Club of Moorpark Morning to provide the Successor Agency
with an indemnification agreement, and naming the Successor Agency as
additional insured in the insurance policy.
7
SUCCESSOR AGENCY
OF THE REDEVELOPMENT AGENCY
OF THE CITY OF MOORPARK MEETING ITEM 5.C.
of 9-19-a 0i.,
ACTION:
4&J" Aze_r d
BY:
SUCCESSOR AGENCY OF THE
REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK
AGENDA REPORT
TO: Honorable City Council
FROM: Hugh R. Riley, Assistant City Mana
DATE: September 5, 2012 (SA Special Meeting of 9/19712)
SUBJECT: Consider Amendment of Professional Services Agreement with
Ky Spangler for Special Projects Consulting Services for the
Ruben Castro Human Services Center through December 31,
2012
BACKGROUND & DISCUSSION
Construction of the Ruben Castro Human Services Center (RCHSC) began in February,
2011. The physical construction process will conclude in September, 2012, and tenants
will move in and commence providing services to the public. Though primary
construction activities are complete, there will continue to be minor construction items to
be addressed and managed, in addition to commencing and completing close-out
process of the project. These activities will include: collecting and verifying all
guarantee and warranty materials from the Construction Management staff ("Balfour-
Beatty") and turn-over to City staff; addressing building equipment training needs;
coordination of any warranty requests; completing all final amendments to construction
contracts generated during the construction completion process; preparation of Notices
of Completion for approval by City Council and recordation by the County; review and
processing of retention payments when submitted by Balfour-Beatty including
verification of all necessary releases; coordination with building tenants to address
questions or issues during their initial weeks of tenancy; and other ancillary duties and
miscellaneous tasks needed to finalize the project and associated documentation.
Balfour-Beatty has indicated the importance of having a direct City contact to facilitate
the processes required to achieve completion of all of the project close-out activities.
A Special Projects Consultant was retained under a contract with the Redevelopment
Agency of the City of Moorpark ("Redevelopment Agency") in February 2011 to oversee
project needs during the construction process. The agreement with the Special Projects
8
Honorable City Council
September 19, 2012
Page 2
Consultant was extended by the Redevelopment Agency in June 2011 on a nineteen-
hour per week basis to continue through April 20, 2012, when the project was initially
expected to be complete and closed out. During the course of construction the decision
to add a storm drain connection from the RCHSC to Spring Road was made, which
extended the anticipated construction duration and estimated close-out timeframe
beyond the April 2012 estimate. An extension of the agreement with the Special
Projects Consultant through September 30, 2012, in an amount not-to-exceed $16,500
was presented to and approved by the Successor Agency to the Moorpark
Redevelopment Agency in April, and approved by the Oversight Board, to provide for
the completion and close-out of the project. These approval steps were taken in
accordance with the requirements of ABx1 26 signed by the Governor on June 29,
2011, which dissolved redevelopment agencies statewide, including the Redevelopment
Agency.
Approval of an extension of the agreement with the Special Projects Consultant through
December 31, 2012, in an amount not-to-exceed $10,500 at a rate of $34.00/hour to
complete the tasks described is being brought forward to the Successor Agency for
consideration and will be presented to the Oversight Board for approval on September
18. This cost is an eligible expenditure per the most recent legislation passed (AB
1484) with respect to Redevelopment Agency dissolution activities.
FISCAL IMPACT
The Capital Improvement budget (Fund 5020) for the Ruben Castro Human Services
Center is $13,770,119. Sufficient funds exist in the budget to cover this work.
Therefore, no additional funds need to be budgeted at this time.
STAFF RECOMMENDATION
Approve the third amendment to the Professional Services Agreement with Ky Spangler
for Special Projects Consulting Services for activities related to the construction of the
Ruben Castro Human Services Center and authorize the City Manager to execute the
Agreement, subject to final language approval of the City Manager and City Attorney.
Attachment 1: Third Amendment to Professional Services Agreement
9
ATTACHMENT 1
THIRD AMENDMENT TO AGREEMENT 2011-167
BETWEEN THE SUCCESSOR AGENCY OF THE
REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK AND
KY SPANGLER FOR PROFESSIONAL SERVICES
THIS THIRD AMENDMENT TO THE AGREEMENT FOR PROFESSIONAL SERVICES
("Third Amendment"), is made and entered into this day of , 2012,
("the Effective Date") between the City of Moorpark, acting in its capacity as Successor
Agency of the Redevelopment Agency of the City of Moorpark pursuant to Section
34173 of the California Health and Safety Code as enacted by ABx1 26 ("Successor
Agency"), and Ky Spangler, an individual, ("Consultant").
WITNESSETH:
WHEREAS, on June 2, 2011, the Redevelopment Agency of the City of
Moorpark and the Consultant entered into an Agreement for project management
services; and
WHEREAS, on August 1, 2011, the Redevelopment Agency of the City of
Moorpark and the Consultant entered into a First Amendment to extend project
management services through April 20, 2012; and
WHEREAS, on June 29, 2011 the Governor signed ABx1 26, a bill that had as its
sole purpose the dissolution of redevelopment agencies statewide; and
WHEREAS, after litigation was brought to challenge the validity of ABx1 26, the
Supreme Court of the State of California ruled on December 29, 2011 that ABx1 26 was
Constitutional and a valid exercise of the legislative power of the State; and
WHEREAS, on February 1, 2012, the Redevelopment Agency of the City of
Moorpark was dissolved pursuant to the Supreme Court's modification of ABx1 26's
dissolution date; and
WHEREAS, on January 4, 2012, the City Council of the City of Moorpark
adopted Resolution 2012-3079 designating the City of Moorpark at the Successor
Agency ("Successor Agency") of the Redevelopment Agency of the City of Moorpark;
and
WHEREAS, by operation of Section 34173 of the Health and Safety Code, all
authority, rights, powers, duties, and obligations of the former Redevelopment Agency
of the City of Moorpark are vested in the Successor Agency, with certain statutory
exceptions found elsewhere in ABx1 26; and
Professional Services Agreement Page 1 of
Third Amendment Between the Successor Agency of the Redevelopment Agency of the City of Moorpark and Ky Spangler 1
WHEREAS, the Successor Agency wishes to amend the Agreement to extend
the term for which services will be provided; and
WHEREAS, on April 17, 2012, the Oversight Board of the Successor Agency
approved to extend the term for which project management services are to be provided
under the existing Agreement for the Ruben Castro Human Services Center; and
WHEREAS, on April 18, 2012, the City Council of the City of Moorpark, acting in
its role as legislative body for the Successor Agency, approved to extend the term of the
Agreement; and
WHEREAS, on April 26, 2012, the Successor Agency of the Redevelopment
Agency of the City of Moorpark and the Consultant entered into a Second Amendment
to extend project management services through September 30, 2012; and
WHEREAS, on September 18, 2012, the Oversight Board of the Successor
Agency approved to extend the term for which project management services are to be
provided under the existing Agreement for the Ruben Castro Human Services Center;
and
WHEREAS, on September 19, 2012, the City Council of the City of Moorpark,
acting in its role as legislative body for the Successor Agency, approved to extend the
term of the Agreement through December 31, 2012.
NOW, THEREFORE, in consideration of the mutual covenants, benefits, and
premises herein stated, the parties hereto AMEND the aforesaid Agreement as follows:
I. Section 1, TERM, of the Agreement is amended in its entirety as follows:
Consultant's term is extended from September 30, 2012, to December 31,
2012, unless otherwise amended pursuant to Section 25 (AMENDMENTS) or
terminated or suspended pursuant to the terms of Section 6 (TERMINATION OR
SUSPENSION WITHOUT CAUSE) of the Agreement executed on June 2, 2011.
Professional Services Agreement Page 2 of 3
Third Amendment Between the Successor Agency of the Redevelopment Agency of the City of Moorpark and Ky Spangler 11
II. Remaining Provisions
All other terms and conditions of the original Agreement shall remain in full
force and effect.
The effective date of this Third Amendment shall be October 1, 2012.
SUCCESSOR AGENCY OF THE
REDEVELOPMENT AGENCY OF THE
CITY OF MOORPARK KY SPANGLER
By: By:
Steven Kueny Ky Spangler
City Manager
ATTEST:
Maureen Benson, City Clerk
Professional Services Agreement Page 3 ofl i
Third Amendment Between the Successor Agency of the Redevelopment Agency of the City of Moorpark and Ky Spangler
SUCCESSOR AGENCY
OF THE REDEVELOPMENT AGENCY
OF THE CITY OF MOORPARK MEETING ITEM 5.D.
of
ACTION:
r 4F
BY: -
SUCCESSOR AGENCY OF THE
REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK
AGENDA REPORT
TO: Honorable City Council
FROM: David C. Moe II, Redevelopment Manager
DATE: September 11, 2012 (Successor Agency Meeting of September 19,
2012)
SUBJECT: Consider Authorizing Use of Successor Agency Property to Support
the Annual Roam'N Relics Car Show on October 28, 2012, and Waive
Rental Fee
SUMMARY
The Successor Agency of the Redevelopment Agency of the City of Moorpark
("Successor Agency") is being asked to approve use of certain Successor Agency
owned property south of High Street, and to waive rental fees for use of the property.
BACKGROUND
The Roam'N Relics Car Club ("Club") has held its annual car show in Moorpark the past
17 years. In 2012, the event is planned for Sunday, October 28 from 8 a.m. to 3 p.m.
on High Street. In 2011, the car show attracted about 500 pre-1973 vehicles and an
estimated 4,500 spectators.
DISCUSSION
The Redevelopment Agency of the City of Moorpark ("Redevelopment Agency") has
traditionally granted the Club's request to reduce rental fees for the car show since the
Club donates the proceeds to local charities, and Moorpark businesses benefit from
increased visibility.
13
Successor Agency
September 19, 2012
Page 2
No major changes are planned for the 2012 car show. The Club expects about 500
pre-1973 vehicles and 5,000 spectators, generating about $25,000 in revenues and up
to $4,000 in donations to local charities after expenses. As in the past, the Club will
promote High Street businesses through free advertisements and provide free booth
space to City departments, if desired.
Staff recommends the same fee reductions the former Redevelopment Agency has
approved in previous years, which has been to waive fees for use of Successor Agency
property on the south side of High Street, which includes the two dirt parking lots and
the area in front of the old granary building. The Oversight Board considered this on
September 18, 2012.
FISCAL IMPACT
None.
STAFF RECOMMENDATION
Approve use of Successor Agency property and waiving rental fee, and require Club to
provide the Successor Agency with an indemnification agreement, and name the
Successor Agency as additional insured in the insurance policy.
14
SUCCESSOR AGENCY
OF THE REDEVELOPMENT AGENCY
OF THE CITY OF MOORPARK MEETING ITEM 5.E.
of 9-11- otOia
ACTION:
BY:
SUCCESSOR AGENCY OF THE
REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK
AGENDA REPORT
TO: Honorable City Council
FROM: David C. Moe II, Redevelopment Manager �kG
DATE: September 11, 2012 (Successor Agency Meeting of September 19,
2012)
SUBJECT: Consider Approving a Request from Moorpark Chamber of
Commerce to Use Adjacent Property on High Street to Support the
Country Days Parade and Street Fair on October 6, 2012, and
Request for Waiving Rental Fees
SUMMARY
The Successor Agency of the Redevelopment Agency of the City of Moorpark
("Successor Agency") is being asked to approve use of certain Successor Agency
property adjacent to High Street, and to waive rental fees for use of the property.
BACKGROUND& DISCUSSION
The annual Country Days Parade and Street Fair has been held in Moorpark for over 30
years. The 2012 event is planned for Saturday, October 6, from 9 a.m. to 4 p.m. on
High Street. In 2011, the Parade and Street Fair attracted an estimated 8,000
spectators.
The Redevelopment Agency of the City of Moorpark has traditionally granted the
request to waive fees for the parade and street fair since it promotes the City and
Moorpark businesses benefit from increased visibility.
Staff recommends the same fee reductions the City approved in previous years, which
has been to waive fees for use of Successor Agency property (one large parcel) on the
south side of High Street described as two dirt parking lots and a fenced off area in front
15
Successor Agency
September 19, 2012
Page 2
of the old granary building. The Oversight Board considered this item on September 18,
2012.
FISCAL IMPACT
None.
STAFF RECOMMENDATION
Approve use of Successor Agency property and waive rental fees, and require the
Moorpark Chamber of Commerce to provide the Successor Agency with an
indemnification agreement, naming the Successor Agency as additional insured in the
insurance policy.
16
SUCCESSOR AGENCY
OF THE REDEVELOPMENT AGENCY
OF THE CITY OF MOORPARK MEETING ITEM 5.F.
Of 9-19 d&A
ACTION:
BY: Le)" _
SUCCESSOR AGENCY OF THE
REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK
AGENDA REPORT
TO: Honorable City Council
FROM: David C. Moe II, Redevelopment Manager 's
DATE: September 11, 2012 (Successor Agency Meeting of September 19,
2012)
SUBJECT: Consider Lease Agreement between the Successor Agency to the
Redevelopment Agency of the City of Moorpark and Tom Lindstrom
RV Sales, Inc.
BACKGROUND
On April 17, 2012, the Oversight Board approved a lease between the Successor
Agency of the Redevelopment Agency of the City of Moorpark ("Successor Agency")
and Tom Lindstrom RV Sales, Inc. for the property located at 500 Los Angeles Avenue
("Property"). The lease agreement term was for three months with an option to extend
for an additional three months. The monthly rent is $2,000 per month beginning in April
1, 2012, and expiring on June 30, 2012, or September 30, 2012, with the option to
extend.
On June 28, 2012, Mr. Lindstrom exercised his 90 day option to extend the lease
agreement. All terms and conditions of the lease agreement remain in full force during
the extension.
Mr. Lindstrom has approached the Successor Agency again about a short term lease
agreement of the Property to conduct recreational vehicle sales until it is ready to be
developed or sold as required AB 1484. Mr. Lindstrom is also requesting a first right of
refusal to purchase the Property when it comes available. Staff has met with Mr.
Lindstrom and is recommending entering into another lease agreement with Tom
Lindstrom RV Sales, Inc. for the continued use the Property for RV Sales only; no
servicing, storage, or sale of commercial vehicles is allowed, and declining his request
for first right of refusal to purchase the property when it comes available under AB 1484.
17
Honorable City Council
September 19, 2012
Page 2
The proposed lease agreement would have similar deal points to the current
agreement. The term is for three months with an option to extend for an additional three
months. The monthly rent is $2,000 per month beginning in October 1, 2012.
Mr. Lindstrom will continue to be responsible for all utilities and trash service to the
property. If Mr. Lindstrom wishes to continue to occupy the Property after the term and
extension of the lease agreement, a new lease agreement will need to be negotiated
and approved by the Successor Agency and Oversight Board.
Mr. Lindstrom has applied for a Temporary Use Permit ("TUP") from the City of
Moorpark to occupy the Property for his intended use. The period of time for the TUP is
three months with one, three month extension. The term of the lease agreement
mirrors the period of time under the TUP allowing Mr. Lindstrom to occupy the Property.
FISCAL IMPACT
The lease agreement is not anticipated to produce a net cost to the Successor Agency.
It is projected that the Successor Agency will receive $6,000 in rent revenue during the
term of the lease and an additional $6,000 if the three month extension is exercised.
STAFF RECOMMENDATION
Approve Lease Agreement between the Successor Agency to the Redevelopment
Agency of the City of Moorpark and Tom Lindstrom RV Sales Inc., subject to City
Manager and City Attorney final language approval.
ATTACHMENT I: Lease Agreement
18
ATTACHMENT I
LEASE AGREEMENT
THIS LEASE AGREEMENT (hereinafter "Lease") is made and entered into as of this
day of , 2012, by and between the Successor Agency to the
Redevelopment Agency of the City of Moorpark, a municipal corporation, the Lessor
(hereinafter the "Successor Agency"), and Tom Lindstrom RV Sales, Inc., a California
corporation, (hereinafter the "Tenant).
THE PARTIES AGREE THAT:
SECTION 1. PROPERTY LEASED
Successor Agency, in consideration of the rents herein agreed to be paid and of
the indemnifications, covenants, and agreements agreed to herein, hereby
leases to Tenant, and Tenant hereby leases from the Successor Agency, that
certain real property known as 500 Los Angeles Avenue, Moorpark, Califomia,
(hereinafter referred to as the "Premises). The Premises is a vacant lot
consisting of approximately two (2) acres.
SECTION 2. TERM
The term of this Lease shall commence on the 1st day of October 2012, and all
terms and conditions of the Lease shall continue for ninety (90) days.
Successor Agency's obligations hereunder shall be contingent upon Tenant's
payment in full of any obligations described in Section 5 below, and Tenant's
complying with all other provisions set forth herein.
SECTION 3. OPTION TO EXTEND
Tenant has an option to extend the term of this Lease for an additional ninety
(90) days.
SECTION 4. HOLDING OVER
It is further agreed that if Tenant shall retain possession of the Premises beyond
the original term of this Lease or any extension thereof, without the express
written consent of the Successor Agency, Tenant shall continue to be Tenant
from month-to-month during such hold-over period.
Tenant shall be subject to all of the terms, covenants and conditions of this
Lease, including the obligation to pay rent during any such hold-over period, at
the rate specified in Section 5 plus ten percent (10%), hereof, or as may be
adjusted pursuant to the Lease.
19
SECTION 5. RENT
Beginning on October 1, 2012, and continuing to December 31, 2012, Tenant
shall pay Successor Agency, without abatement, deduction or offset, rent in the
amount of two thousand dollars ($2,000.00) per month payable in advance on or
before the first day of each month.
Tenant shall be liable for Monthly Rent. A late rent charge equal to ten percent
(10%) of the Monthly Rent shall be added to any payment of rent received five
(5) days or more after the due date for rent payment stated herein or when a
deficient check has been given for rent payment. The late rent charge shall
continue at ten percent (10%) for each month thereafter that the late payment
has not been paid.
Successor Agency will retain the two thousand dollars ($2,000.00), security
deposit submitted under the existing lease agreement dated March 29, 2012.
This security deposit shall not be considered as payment for rent for any month,
including the last month of tenancy.
SECTION 6. INDEMNIFICATION AND HOLD HARMLESS
Tenant shall indemnify, defend with legal counsel approved by Successor
Agency and hold harmless Successor Agency and its officers, employees,
servants and agents from and against any and all claims, actions, liabilities,
losses, damages, costs, attorneys' fees, and other expense of any nature for loss
or damage to property, or injury to or death of persons, arising in any mariner
whatsoever, directly or indirectly, by reason of this Lease or the use or
occupancy of the Premises by Tenant, vendors, invitees, whether any such claim
be made during tenancy or thereafter, except such loss, damage, injury or death
caused by the sole negligence of Successor Agency or any of its officers,
employees, servants, or agents.
SECTION 7. NOTICE OF NON-ELIGIBILITY FOR RELOCATION BENEFITS
Please read this notification carefully prior to signing this agreement and moving
into the property. The Redevelopment Agency of the Successor Agency of
Moorpark ("Agency") acquired the property located at 500 Los Angeles Avenue
for redevelopment purposes and subsequently transferred it to the Successor
Agency per ABx1 26. As a post-acquisition tenant, you will not be eligible for
relocation benefits under the federal and state law. This notice is to inform you of
the following information before you enter into any lease agreement and
occupy a unit at the above address:
1. You may be displaced at the end of lease term.
2. You may be subject to a rent increase upon lease renewal or option to
extend the lease term.
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20
3. You will not be entitled to any relocation benefits.
If you have to move or your rent is increased, you will not be reimbursed for any
such rent increase or for any costs or expenses incurred by you in connection
with a move. Should state law change, Tenant agrees to waive any and all
claims for relocation benefits.
SECTION B. USE
Tenant shall use the Premises for recreational vehicle sales only; no servicing,
dumping, storage, or sales of commercial vehicles shall be allowed. Tenant may
take cars, light trucks, and other recreational vehicles for trade in purposes and
may sell these items on the Premises. However, at no time may the inventory of
vehicles for sale on the Premises exceed ten percent(10%) cars and light trucks.
The Premises shall not be used for any other purpose, except with the prior
written consent of the Successor Agency, which Tenant agrees may be withheld
by the Successor Agency at their sole and absolute discretion.
SECTION 9. UTILITIES
Tenant agrees to pay all monthly service charges for electric current, gas, sewer
and trash removal, and any other utilities which may be furnished to or used
upon the Premises by Tenant during this Lease. It is further agreed that in the
event Tenant shall fail to pay the above mentioned charges when due,
Successor Agency shall have the right to pay the same on demand, together with
any interest thereon and any other fees that may be owed. The Successor
Agency shall be reimbursed by Tenant within five (5) days of notice from
Successor Agency for the amount of payment plus any interest or fees, with an
additional fifteen percent(15%) administrative fee. Failure to pay monthly service
charges for any above-mentioned utility in a timely fashion shall be cause for
termination of this Lease.
SECTION 10. TAXES, ASSESSMENTS, AND LIENS
Tenant shall pay directly to the tax collector, when due, all taxes and
assessments which may be levied against Tenant's possessory interest in the
Premises and upon all improvements and personal property which are located on
the Premises. Within five (5) days after the date when any tax or assessment
would become delinquent, Tenant shall serve upon Successor Agency receipts
or other appropriate evidence establishing the payment.
Tenant shall keep the Premises and improvements free from all liens and
encumbrances by reason of the use or occupancy of the Premises by Tenant. If
any liens or encumbrances are filed thereon, Tenant shall remove the same at
their own cost and expense and shall pay any judgment and penalties which may
be entered thereon. Should Tenant fail, neglect, or refuse to do so, Successor
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21
Agency shall have the rights to pay any amount required to release any lien or
encumbrance or to defend any action brought thereon, and to pay any judgment
or penalty, and Tenant shall be liable to Successor Agency for all costs,
damages, and attorneys' fees, and any amounts expended in defending any
proceedings, or in the payment of any lien, encumbrance, judgment, or penalty.
Successor Agency may post and maintain upon the Premises notices of non-
responsibility as provided by laws. Upon demand by Successor Agency, Tenant
shall post the bond contemplated by Civil Code Section 3143.
SECTION 11. INSTALLATION BY TENANT
Tenant shall not make any alterations, additions, or improvements upon the
Premises without the prior written consent of the Successor Agency. Any
alterations, or additions or improvements installed or caused to be installed to the
site, or any fencing, exterior lighting, or any other improvements on the Premises
(collectively "Installations") shall be solely at Tenant's cost and is not
reimbursable by the Successor Agency at any time, including at the time of
termination of the Lease by either the Tenant or Successor Agency. All
alterations, additions and improvements shall be temporary in nature and done in
a good and workmanlike manner and diligently prosecuted to completion, and
shall be performed and maintained in strict accord with all federal, state, county,
and local laws, ordinances, codes, standards, and requirements relating thereto.
Unless otherwise expressly agreed to by the Successor Agency, any alterations,
additions and improvements shall remain on and be surrendered with the
Premises upon the expiration or termination of this Lease. Tenant agrees to and
shall indemnify, defend, and save Successor Agency free and harmless against
all liability, loss, damage, costs, attorneys' fees, and other expenses of any
nature resulting from any Tenant alterations, additions, or improvements to the
Premises.
SECTION 12. REMEDIES
In case of the failure or refusal of Tenant to comply with and perform each and all
of the terms and covenants on their part herein contained, this Lease and all
rights hereby given shall, at the option of the Successor Agency, cease and
terminate, and the Successor Agency shall have the right forthwith to remove
Tenant's personal property from the Premises at the sole cost, expense and risk
of Tenant, which cost and expense Tenant agrees to pay to Successor Agency
upon demand, together with interest thereon at the maximum rate allowed by law
from the date of expenditure by Successor Agency. Such action shall be
preceded by thirty (30) day written notice.
SECTION 13. MAINTENANCE
Tenant has examined the Premises and accepts it in its existing condition.
Throughout the term of this Lease Tenant shall, at Tenant's sole cost and
-4 - 22
expense, maintain the Premises and all improvements thereon in good order,
condition, and repair and in accordance with all applicable statutes, ordinances,
rules, and regulations. Tenant shall immediately report any problems with the
Premises to David C. Moe II, Property Manager, at (805) 517-6217. Successor
Agency shall not be obligated to repair or maintain the Premises or
improvements in any manner throughout the term of the Lease.
Successor Agency may elect to perform any obligation of Tenant pursuant to this
Section due to Tenant's failure or refusal to do so and at Tenant's waiver of any
rights or remedy for Tenant's default. Tenant shall reimburse Successor Agency
for the cost and expense they incurred in the performance of Tenant's obligation
within fifteen (15) days of Successor Agency's request for payment, plus any
interest or fees, with an additional fifteen percent (15%) administrative fee.
Should Successor Agency perform any of the foregoing, such services shall be at
the sole discretion of Successor Agency, and the performance of such services
shall not be construed as an obligation or warranty by Successor Agency of the
future or ongoing performance of such services. Failure to maintain Premises as
outlined herein shall be considered grounds for termination of this Lease.
Tenant shall also indemnify, defend with legal counsel approved by Successor
Agency and hold harmless Successor Agency and its officers, employees,
servants and agents from and against all claims, actions, liabilities, losses,
damages, costs, attorneys' fees, and other expenses of any nature for loss or
damage to property, or injury to or death of persons, arising in any manner
whatsoever, directly or indirectly, from Tenant's performance pursuant to this
Section. The indemnification, legal defense and hold harmless provisions of this
Lease shall survive the termination of the tenancy.
SECTION 14. PESTICIDES AND HERBICIDES
Tenant shall use pesticides and herbicides on the Premises only in strict
accordance with all applicable statutes, ordinances, rules and regulations. Such
pesticides and herbicides shall be limited to those that are permitted for
residential housing units.
SECTION 15. HAZARDOUS MATERIALS INDEMNITY
As used in this Section, Hazardous Materials means any substance, product,
waste, or other material of any nature whatsoever which is or becomes listed,
regulated or addressed pursuant to: (1) the Comprehensive Environmental
Response, Compensation and Liability Act of 1980, 42 U.S.C. Section 9601, et
seq. ("CERCLA"); the Hazardous Materials Transportation Act, 49 U.S.C.,
Section 1801, et seq.; the Resource Conservation and Recovery Act, 42 U.S.C.,
Section 6901, et seq.; the Substances Control Act, 15 U.S.C., Section 2601, et
seq.; the Clean Water Act, 33 U.S.C. Section 1251, et seq.; the California
Hazardous Waste Control Act, Health and Safety Code Section 25100, et seq.;
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23
the California Hazardous Substance Account Act, Health and Safety Code
Section 25330, et seq.; the California Safe Drinking Water and Toxic
Enforcement Act, Health and Safety Code Section 25249.5 et seq.; California
Health and Safety Code Section 25280, et seq. (Underground Storage of
Hazardous Substances); the California Hazardous Waste Management Act,
Health and Safety Code Section 25170.1, et seq.; California Health and Safety
Code Section 25501, et seq.; (Hazardous Materials Response Plans and
Inventory); or the Porter-Cologne Water Quality Control Act, Water Code Section
13000, et seq. all as amended, (2) any other federal or state law or any local law
regulating, relating to, or imposing liability or standards of conduct concerning
any hazardous, toxic or dangerous waste, substance or material, as now is, or at
any time hereafter may be, in effect, and (3) any rule or regulation adopted or
promulgated under or pursuant to any of said laws.
If Tenant receives any notice, whether oral or written, of any inquiry, test,
investigation, enforcement proceeding, environmental audit, or the like regarding
any Hazardous Material on the Premises, Tenant shall immediately serve
Successor Agency with a copy of such notice.
In no case shall Tenant cause or allow the deposit or disposal of any such
substance on the Premises. However, household products necessary for routine
cleaning and maintenance of the Premises may be kept on the Premises in
quantities reasonable for current needs.
The provisions of this Section shall survive the termination of the tenancy and
shall relate back to all periods of Tenant's possession of the Premises. The
provisions of this Section are intended to operate as an agreement pursuant to
Section 107(e) of CERCLA, 42 U.S.C. Section 9707(e), and California Health
and Safety Code Section 25364, to insure, protect, hold harmless, and indemnify
Successor Agency from any liability pursuant to such law.
SECTION 16. NO WARRANTIES BY SUCCESSOR AGENCY
Except as contained in Section 11, the Premises are accepted by Tenant in an
"as is" condition and without any representation or warranty by Successor
Agency as to the condition of the Premises or as to fitness of the Premises for
Tenant's use.
SECTION 17. CASUALTY INSURANCE
Successor Agency shall not be obligated to keep the Premises and the
improvements thereon insured against any insurable risk; nor shall Successor
Agency insure Tenant for any personal injury or property damage. Tenant hereby
and forever waives all right to claim or recover damages from Successor Agency
in any amount as the result of any damage to the Premises or any improvement
thereon or as a result of any injury to any person upon the Premises.
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24
SECTION 18. INSURANCE
Tenant shall maintain prior to the beginning of and for the duration of this
Agreement insurance coverage as specified in Exhibit A attached to and part of
this Agreement. The policy shall name Tenant as the insured and the
Successor Agency to the Redevelopment Agency of the City of Moorpark as
additional insured.
SECTION 19. GOVERNING LAW
Tenant agrees that in the exercise of their rights under this Lease, Tenant shall
comply with all applicable federal, state, county and local laws and regulations in
connection with its use of the Premises. The existence, validity, construction,
operation and effect of this Lease and all of its terms and provisions shall be
determined in accordance with the laws of the state of California.
SECTION 20. ENTRY BY SUCCESSOR AGENCY
During the tenancy, Successor Agency may enter the Premises upon not less
than twenty-four (24) hours advance notice and Tenant shall make the Premises
available during normal business hours to the Successor Agency's authorized
agent or representative for the purpose of; (1) to show the premises to
prospective or actual purchasers, mortgagee, tenants, workmen, or contractors,
(2) to make necessary or agreed repairs, decorations, alterations, or
improvements, and (3) at all reasonable times to examine the condition thereof,
including its environmental condition. In an emergency, Successor Agency's
agent or authorized representative may enter the premises at any time without
securing prior permission from Tenant.
SECTION 21. ASSIGNMENT AND SUBLETTING
No portion of the Premises or of Tenant's interest in this Lease shall be
transferred by way of sublease, assignment or other voluntary or involuntary
transfer or encumbrance, without the prior written consent of the Successor
Agency. Such consent shall be at Successor Agency's sole discretion
Any transfer without consent shall be void, and shall, at the option of the
Successor Agency, terminate this Lease.
SECTION 22. DEFAULT OR BREACH
Except as otherwise provided, at any time one party to this Lease is in default or
breach in the performance of any of the terms and conditions of this Lease, the
other party shall give written notice to remedy such default or breach. If the
default or breach is remedied within thirty (30) days following such notice, then
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this Lease shall continue in full force and effect. If such default or breach is not
remedied within thirty (30) days following such notice or if the nature of the
default is such that it cannot reasonably be cured within thirty (30) days, if Tenant
fail to commence to cure within the thirty (30) day period, the other party may, at
its option, terminate this Lease. Such termination shall not be considered a
waiver of damages or other remedies available to either party because of such
default or breach. Each term and condition of this Lease shall be deemed to be
both a covenant and a condition.
SECTION 23. INSOLVENCY OR BANKRUPTCY
If Tenant shall be adjudged bankrupt or insolvent, this Lease shall thereupon
immediately terminate and the same shall not be assignable by any process of
law, or be treated as an asset of the Tenant under such adjudication, nor shall it
pass under the control of any trustee or assignee by virtue of any process in
bankruptcy or insolvency, or by execution or assignment for the benefit of
creditors. If any such event occurs, this Lease shall immediately become null and
void and of no effect, and Successor Agency may thereupon repossess said
Premises and all rights of the Tenant thereupon shall cease and terminate.
SECTION 24. DISPOSSESSION
In the event Tenant is lawfully deprived of the possession of the Premises or any
part thereof, at any time during the tenancy, by anyone other than Successor
Agency, they shall notify Successor Agency in writing, setting forth in full the
circumstances in relation thereto. Upon receipt of said notice, Successor Agency
may, at its option, either install Tenant in possession of the Premises or
terminate the tenancy and refund to Tenant the pro rata amount of any pre-paid
rent. No claim for damages or whatsoever kind or character incurred by Tenant
by reason of such dispossession shall be chargeable against Successor Agency.
SECTION 25. CONDEMNATION
If the whole of the Premises should be taken by a public authority under the
power of eminent domain, then the term of this Lease shall cease on the day of
possession by the public authority. If only a part of the Premises should be taken
under eminent domain, Tenant shall have the right to either terminate this Lease
or to continue in possession of the remainder of the Premises. If Tenant remain
in possession, all of the terms hereof shall continue in effect, the rental payable
being reduced proportionately for the balance of the Lease term. If a taking under
the power of eminent domain occurs, those payments attributable to the
leasehold interest of the Tenant shall belong to the Tenant, and those payments
attributable to the reversionary interest of the Successor Agency shall belong to
the Successor Agency.
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26
SECTION 26. WAIVER
A waiver by either party of any default or breach by the other party of any
provision of this Lease shall not constitute or be deemed to be a waiver of any
subsequent or other default or breach. No waiver shall be binding, unless
executed in writing by the party making the waiver. No waiver, benefit, privilege,
or service voluntarily given or performed by either party shall give the other party
any contractual right by custom, estoppel, or otherwise. The subsequent
acceptance of rent pursuant to the Lease shall not constitute a waiver of any
preceding default or breach by Tenant other than default in the payment of the
particular rental payment so accepted, regardless of Successor Agency's
knowledge of the preceding default or breach at the time of accepting the rent;
nor shall acceptance of rent or any other payment after termination of the
tenancy constitute a reinstatement, extension, or renewal of the Lease or
revocation of any notice or other act by Successor Agency.
SECTION 27. ACQUIESCENCE
No acquiescence, failure, or neglect of any party hereto to insist on strict
performance of any or all of the terms hereof in one instance shall be considered
or constitute a waiver of the rights to insist upon strict performance of the terms
hereof in any subsequent instance.
SECTION 28. PARTIES BOUND AND BENEFITTED
The covenants and conditions herein contained shall apply to and bind the heirs,
successors, executors, administrators, and assigns of all the parties hereto; and
all of the parties hereto shall be jointly and severally liable hereunder.
SECTION 29. CONDITION UPON TERMINATION
Upon termination of the tenancy, Tenant shall surrender the Premises to
Successor Agency including all improvements, clean and in good condition,
except for ordinary wear and tear which Tenant was otherwise obligated to
remedy under Section 12 above. Any installation which Tenant installs during
occupancy with in accordance with Section 11 of this Lease, and has not
removed at the termination of the Lease, shall become the possession of the
Successor Agency. Tenant shall repair at Tenant's expense, any damage to the
Premises caused by the removal of any improvement made by Tenant from such
installation. Any installations, improvements, or additions to the Premises prior to
the execution of this Lease shall be deemed as part of the Premises and shall be
the possession of the Successor Agency.
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27
SECTION 30. TENANT'S FAILURE TO REMOVE PERSONAL PROPERTY
Upon termination of the tenancy, Successor Agency may reenter and retake
possession of the Premises and store Tenant's personal property for a period of
thirty (30) days at Tenant's cost and expense. If Tenant fails to pick up said
personal property and pay said cost and expenses during said thirty (30) day
period, Successor Agency may dispose of any or all of such personal property in
any manner that Successor Agency, in its sole and absolute discretion, deems
appropriate.
If any of Tenant's personal property remains on the Premises after the
termination of the tenancy, Successor Agency may use, dispose of, or sell any of
said property, in its sole and absolute discretion, without compensating Tenant
for the same and without the Successor Agency having any liability whatsoever
therefore.
SECTION 31. NO RECORDATION
Neither this Lease Agreement nor a memorandum thereof shall be recorded by
Tenant.
SECTION 32. ATTORNEYS' FEES
In the event any action, suit or proceeding is brought for the enforcement of, or
the declaration of, any right or obligation pursuant to, this Lease or as a result of
any alleged breach of any provision of this Lease, or for an unlawful detainer
action, the prevailing party shall be entitled to recover its costs and expenses,
including attorneys' fees, from the losing party, and any judgment or decree
rendered in such a proceeding shall include an award thereof.
SECTION 33. NOTICES AND PAYMENTS
All notices required under this Lease, including notices of change of address,
shall be in writing, and all notices and payments shall be addressed as follows:
Owner: Steven Kueny
Successor Agency to the Redevelopment Agency of the City of
Moorpark
799 Moorpark Avenue
Moorpark, California 93021
Tenant: Tom Lindstrom
Tom Lindstrom RV Sales, Inc.
500 Los Angeles Avenue
Moorpark, California 93021
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Either party may, from time to time, by written notice to the other, designate a
different address which shall be substituted for the one specified above. Except
as otherwise provided by statute, notice shall be deemed served and received
upon receipt by personal delivery or upon the second (2nd) day after deposit in
the United States mail, certified or registered, return receipt requested, with
postage prepaid.
SECTION 34. PARTIAL INVALIDITY
If any provision of this Lease is found by a court of competent jurisdiction to be
invalid, void or unenforceable, the remainder of this Lease shall nonetheless
remain in full force and effect to the full extent allowed by law.
SECTION 35. GENDER AND NUMBER
For the purpose of this Lease wherever the masculine or neuter form is used, the
same shall include the masculine or feminine, and the singular number shall
include the plural and the plural number shall include the singular, wherever the
context so requires.
SECTION 36. SECTION HEADINGS
Section headings in this Lease are for convenience only, and they are not
intended to be used in interpreting or construing the terms, covenants and
conditions of this Lease.
SECTION 37. INTEGRATION AND MODIFICATION
This Lease constitutes the entire agreement of the parties concerning the subject
matter hereof and all prior agreements and understandings, oral or written, are
hereby merged herein. This Lease may not be modified or amended except; (1)
in a writing signed by all of the parties hereto; or (2) upon expiration of thirty (30)
days service in accordance with Civil Code Section 1946, or any successor
statute in effect on the date the written notice is served, by Successor Agency on
Tenant of a written notice setting forth the modification or amendment.
The parties agree that no estoppel argument can be raised during legal
proceedings in order to avoid the provisions of this Section.
SECTION 38. INTERPRETATION
Should interpretation of this Lease, or any portion thereof, be necessary, it is
deemed that the Lease was prepared by the parties jointly and equally, and the
Lease shall not be interpreted against either party on the ground that the party
prepared it or caused it to be prepared.
- 11 -
29
SECTION 39. VENUE
This Lease is made, entered into, and executed in Ventura County, California,
and any action filed in any court for the interpretation, enforcement or other
action arising from any term, covenant or condition herein shall be filed in the
applicable court in Ventura County, California.
SECTION 40. TERMINATION
This Lease shall automatically terminate on December 31, 2012, unless
extended in accordance with Section 3 of this Lease. Should tenants business
not thrive as anticipated, Tenant shall have the right to terminate this Lease
within the original term and option period with a thirty (30) day notice.
SECTION 41. REDEVELOPMENT DISSOLUTION LEGISLATION
The parties acknowledge the recent enactment of ABx1 26 and AB 1484, which
provides for the dissolution of California redevelopment agencies. The parties
understand that ABx1 26 and AB 1484 purports to invalidate certain activities of
redevelopment agencies extending back to January 1, 2011, including the
transfer of assets to other public agencies. The parties further acknowledge that
the Premises were transferred from the Redevelopment Agency of the City of
Moorpark (Agency) to Successor Agency. Tenant hereby waives and releases
Successor Agency from any and all claims arising from the enactment of
ABx1 26 and any effect it may have on the validity of this Lease and holds
Successor Agency harmless from any claims of successors, assigns,
contractors, suppliers, or other agents of Tenant arising out from the enactment
of ABx1 26 and AB 1484.
- 12 -
30
IN WITNESS WHEREOF, the parties have caused this Lease to be executed by their
duly authorized representatives as of the date first written above.
SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY OF
THE CITY OF MOORPARK
TOM LINDSTROM RV SALES, INC.
By: By:
Steven Kueny Tom Lindstrom
City Manager
ATTEST:
By:
Maureen Benson, Successor Agency Clerk
- 13 -
31
SUCCESSOR AGENCY
OF THE REDEVELOPMENT AGENCY
OF THE CITY OF MOORPARK MEETING ITEM 5.G.
of
ACTION:
BY: -
SUCCESSOR AGENCY OF THE
REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK
AGENDA REPORT
TO: Honorable City Council
FROM: David C. Moe II, Redevelopment Manager
DATE: September 13, 2012 (Successor Agency Meeting of September 19,
2012)
SUBJECT: Consider Authorizing City Manager to Negotiate and Approve Short
Term Lease Agreements for Successor Agency Property
BACKGROUND & DISCUSSION
Several times a year, a variety of organizations approach the Successor Agency of the
Redevelopment Agency of the City of Moorpark ("Successor Agency") seeking short
term use (usually one or two days) of Successor Agency property. In the past, the
former Redevelopment Agency of the City of Moorpark ("Agency") would enter into a
short term lease agreement with these organizations to utilize the desired property for
parking, staging activities, and/or temporary storage.
The Agency Executive Director had the authority to enter into short term leases.
However, with the elimination of redevelopment agencies by the State of California, it is
unclear if this authority transfers to the Successor Agency. Staff is requesting the
Successor Agency grant the City Manager the authority to negotiate and execute short
term lease agreements for Successor Agency property.
FISCAL IMPACT
No expenditures, but an opportunity for revenue. Any such revenue would be
distributed to the taxing entities.
STAFF RECOMMENDATION
Authorize the City Manager to negotiate and execute short term lease agreements on
Successor Agency property.
32
SUCCESSOR AGENCY
OF THE REDEVELOPMENT AGENCY
OF THE CITY OF MOORPARK MEETING
Of
ACTION: ITEM
BY: �•+,o.a�
SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE
CITY OF MOORPARK
AGENDA REPORT
TO: Honorable City Council
FROM: Ron Ahlers, Finance Director
DATE: September 12, 2012 (Successor Agency Meeting September 19, 2012)
SUBJECT: Consider Due Diligence Review and Authorize the City Manager to
Execute Amendment #1 to the Agreement for Independent Auditing
Services
SUMMARY
AB 1484, signed by the Governor on June 27, 2012, requires that by October 1, 2012
the Successor Agency shall submit a due diligence review of the Low and Moderate
Housing Fund to the Oversight Board, the County Auditor-Controller, the Controller, and
the Department of Finance. A due diligence review of all the other funds is required by
December 15, 2012. We have received a quote from the City's auditors that these
reports shall cost $6,000 to $10,000 each (see attached email from Terry Shea, Partner
in Rogers, Anderson, Malody & Scott, LLP (RAMS).
Staff is requesting the Successor Agency to consider a contract amendment that will
enlist the services of RAMS to complete the due diligence review.
DISCUSSION
Staff contacted the State Department of Finance (DOF) requesting to amend the
Recognized Obligation Payment Schedule (ROPS) for July 1, 2012 to December 31,
2012. The email reply from the DOF stated that they are no longer accepting amended
ROPS II (see attachment 1). AB 1484 requires this Due Diligence Review and for the
review to be completed by October 1, 2012 and December 15, 2012. Staff has
requested the Oversight Board to approve the amended ROPS and send it to the DOF.
The DOF released the guidelines for the Due Diligence Review on August 27, 2012.
The outside audit firm of Rogers, Anderson, Malody & Scott, LLP (RAMS) did not
submit their quote until September 4, 2012. As a result the Due Diligence Review will
not be completed by October 1, 2012. It is expected to be completed by late October
2012.
33
Successor Agency
September 19, 2012
Page 2
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
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
34
Successor Agency
September 19, 2012
Page 3
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,
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.
35
Successor Agency
September 19, 2012
Page 4
(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.
(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
36
Successor Agency
September 19, 2012
Page 5
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.
0) 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.
37
Successor Agency
September 19, 2012
Page 6
FISCAL IMPACT
The Successor Agency is limited to spending resources as they are listed on the ROPS.
These two reports are estimated to cost $20,000.
STAFF RECOMMENDATION (ROLL CALL VOTE)
Approve the increase of the all-inclusive audit fee by $20,000 to include Due Diligence
Review and related Reports; and authorize the City Manager to execute the
Amendment No. 1, subject to the final language approval by the City Manager and City
Attorney.
Attachments:
1. Email from Gary Davis, State of California, Department of Finance
2. Email from Terry Shea outlining costs of due diligence review
3. List of procedures for due diligence review
4. Amendment#1 to the RAMS contract
38
ATTACHMENT 1
Ron Ahlers
From: David Moe
Sent: Wednesday, September 12, 2012 1:10 PM
To: Steve Kueny; Ron Ahlers
Cc: David Bobardt
Subject: FW: Moorpark ROPS M questions and documents request
FYI. Here is the formal request from the DOF.
From: Davis, Gary [mailto:Gary.Davis(ddof.ca.govl
Sent: Wednesday, September 12, 2012 12:37 PM
To: David Moe
Cc: Patterson, Mindy; Chappuie, Beliz; 'Christine.Cohen @ventura.org'; 'Sandra.Bickford @ventura.org'
Subject: Moorpark ROPS III questions and documents request
Dear Mr. Moe,
As I indicated in my phone message, I have a couple of questions about items on the ROPS and a response to
your question regarding the Due Diligence Review.
1. Items 1, 2 & 3 on your ROPS are Tax Allocation Bonds dated 1999, 2001 & 2006. In the current ROPS
you are requesting $771,100; $600,874; and $543,994, respectively. I checked the Moorpark CAFR
and saw that those amounts approximate the annual debt service requirements on the three bonds. I
see that you also requested the same amounts for these bonds in ROPS I & II. Since the ROPS are for
six-month periods, can you explain why you have requested the annual amounts on each of the
ROPS?
2. Item #7, High Street Fueling Station requests $200,000 for the removal of an underground storage tank
with the payee to be determined. On your ROPS II you requested RPTTF funding in the amount of
$125,000 for the same item. What is the true approximate cost of the removal and have you bid it out
yet? What is the status of this project?We would need some type of estimate showing the tank
removal. Additionally, please send me documents that will show how this work was mandated and by
whom, and how you arrived at the amounts on ROPS II & III.
3. Regarding your question about amending your prior ROPS to include $10,000 for a Due Diligence
Review: We are no longer accepting amended ROPS I or 11. The ROPS are forward-looking. You
could amend ROPS III, but it would need to be for services provided in the period of January 1, 2013
through June 30, 2013.
If you have any questions or wish to discuss this over the phone, you can call me at (916)322-2985 ext. 3728.
1 would appreciate if you could provide responses and any necessary documents by cob tomorrow, September
13.
Thank you,
Gary Davis
Analyst
916.322.2985 x 3728
i 39
ATTACHMENT 2
Ron Ahlers
From: Terry Shea <tshea @Ramscpa.net>
Sent: Tuesday,September 04, 2012 5:34 PM
To: Ron Ahlers
Subject: FW: DDR files
Attachments: Due Diligence Review Request List.pdf; Example_Summary_Schedule-
Due_Diligence_Review.xlsx; FAQ-Due_Diligence_Reviews.pdf;
Procedures_Due_Diligence_Review.pdf; Reconciliation_Worksheet-
Due_Diligence_Review.xls
Hi Ron
Please find the attached Due Diligence Request List, required Procedures, sample schedules and worksheets. The fee
would be between$6,000 and$10,000 for each report. The fee is in a range because at this time were not sure of the
amount of activity and shape of the documentation. If we complete it for less we would not charge the full
$6,000. Please take a look at the request list and the two sample schedules. We would not be able to start until
everything on the request list is completed.
Terry Shea
From: Brad Welebir
Sent:Tuesday, September 04, 2012 1:10 PM
To:Terry Shea
Subject: DDR files
Terry,
Here are the files you requested.
BradA 1Weabtr, CPA XBA
ROGERS, ANDERSON, MALODY & SCOTT, LLP
CERTIFIED PUE3L C ACCOUNTANTS. SINCIE 1948
STABILITY.ACCURACY.TRUST.
735 E.Carnegie Drive,Suite 100
San Bernardino,CA 92408
Tel:909.889.0871,ext.5420
Fax:909.889.5361
bwelebir @ramscpa.net
1
40
ATTACHMENT 3
V. 8-27-12
List of Procedures for Due Diligence Review
General information regarding these procedures:
1. The procedures associated with Sections 34179.5(c)(1) through 34179.5(c)(3) and
Sections 34179.5(c)(5)through 34179.5(c)(6) are to be applied separately to(a) the Low
and Moderate Income Housing Fund of the Successor Agency and to (b) all other funds
of the Successor Agency combined (excluding the Low and Moderate Income Housing
Fund).
2. The due date for the report associated with the Low and Moderate Income Housing Fund
is October 1,2012.
3. The due date for the report associated with all other funds of the Successor Agency
combined (excluding the Low and Moderate Income Housing Fund) is December 15,
2012.
4. Because the procedures required by Section 34179.5(c)(4) pertain to the Successor
Agency as a whole, these procedures should be addressed in the report that is due on
December 15,2012.
Fiscal year references below refer to fiscal years ending on June 30. This language should be
modified for those agencies that have a different fiscal year-end.
For purposes of the procedures below and the related exhibits,the amount of the assets presented
should be based upon generally accepted accounting principles(GAAP), unless otherwise noted.
To the extent the procedures listed below are duplicative to the agreed upon procedures that were
performed pursuant to HSC 34182 (a)(1), it is acceptable to obtain and use information from the
HSC 34182 (a)(1) procedures for purposes of this due diligence review without having to re-
perform the procedures. When this is done, the due diligence report should refer to the report that
was issued for the agreed upon procedures performed under HSC 34182 (a)(1).
Certain assets may qualify as a deduction under more than one category of deduction. In such
cases, care should be taken to ensure that such assets have been included as a deduction in the
summary schedule only once.
Citation:
34179.5(c)(1) The dollar value of assets transferred from the former redevelopment agency
to the successor agency on or about February 1, 2012.
Suggested Procedure(s):
I. 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.
i
41
V. 8-27-12
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.
Suggested Procedure(s):
2. If the State Controller's Office has completed its review of transfers required under both
Sections 34167.5 and 34178.8 and issued its report regarding such review, attach a copy
of that report as an exhibit to the AUP report. If this has not yet occurred, perform the
following procedures:
A. Obtain a listing prepared by the Successor Agency of transfers (excluding payments
for goods and services) from the former redevelopment agency to the city, county, or
city and county that formed the redevelopment agency for the period from January 1,
2011 through January 31, 2012. For each transfer, the Successor Agency should
describe the purpose of the transfer and describe in what sense the transfer was
required by one of the Agency's enforceable obligations or other legal requirements.
Provide this listing as an.attachment to the AUP report.
B. Obtain a listing prepared by the Successor Agency of transfers (excluding payments
for goods and services) from the Successor Agency to the city, county, or city and
county that formed the redevelopment agency for the period from February 1, 2012
through June 30, 2012. For each transfer, the Successor Agency should describe the
purpose of the transfer and describe in what sense the transfer was required by one of
the Agency's enforceable obligations or other legal requirements. Provide this listing
as an attachment to the AUP report.
C. For each transfer,obtain the legal document that formed the basis for the enforceable
obligation that required any transfer. Note in the AUP report the absence of any such
legal document or the absence of language in the document that required the transfer.
Citation:
34179.5(c)(3) The dollar value of anv cash or cash equivalents transferred 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 revieiv shall
provide documentation ofany enforceable obligation that required the transfer.
Suggested Procedure(s):
3. If the State Controller's Office has completed its review of transfers required under both
Sections 34167.5 and 34178.8 and issued its report regarding such review, attach a copy
of that report as an exhibit to the AUP report. If this has not yet occurred, perform the
following procedures:
2
42
V. 8-27-12
A. Obtain a listing prepared by the Successor Agency of transfers (excluding payments
for goods and services) [from the former redevelopment agency to any other public
agency or to private parties for the period from January 1, 2011 through January 31,
2012. For each transfer, the Successor Agency should describe the purpose of the
transfer and describe in what sense the transfer was required by one of the Agency's
enforceable obligations or other legal requirements. Provide this listing as an
attachment to the AUP report.
B. Obtain a listing prepared by the Successor Agency of transfers (excluding payments
for goods and services) [from the Successor Agency to any other public agency or
private parties for the period from February 1, 2012 through June 30, 2012.For each
transfer, the Successor Agency should describe the purpose of the transfer and
describe in what sense the transfer was required by one of the Agency's enforceable
obligations or other legal requirements. Provide this listing as an attachment to the
AUP report.
C. For each transfer, obtain the legal document that formed the basis for the enforceable
obligation that required any transfer. Note in the AUP report the absence of any such
legal document or the absence of language in the document that required the transfer.
Citation:
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 vear.
Suggested Procedure(s):
4. Perform the following procedures:
A. Obtain from the Successor Agency a summary of the financial transactions of the
Redevelopment Agency and the Successor Agency in the format set forth in the
attached schedule for the fiscal periods indicated in the schedule. For purposes of this
summary, the financial transactions should be presented using the modified accrual
basis of accounting. End of year balances for capital assets (in total) and long-term
liabilities (in total) should be presented at the bottom of this summary schedule for
information purposes.
B. Ascertain that for each period presented, the total of revenues, expenditures, and
transfers accounts fully for the changes in equity from the previous fiscal period.
C. Compare amounts in the schedule relevant to the fiscal year ended June 30, 2010 to
the state controller's report filed for the Redevelopment Agency for that period.
D. Compare amounts in the schedule for the other fiscal periods presented to account
balances in the accounting records or other supporting schedules. Describe in the
report the type of support provided for each fiscal period.
3
43
V. 8-27-12
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 find as of June 30, 2012.
Suggested Procedure(s):
5. Obtain from the Successor Agency a listing of all assets of the Low and Moderate
Income Housing Fund as of June 30,2012 for the report that is due October 1, 2012 and a
listing of all assets of all other funds of the Successor Agency as of June 30, 2012
(excluding the previously reported assets of the Low and Moderate Income Housing
Fund)for the report that is due December 15, 2012. When this procedure is applied to the
Low and Moderate Income Housing Fund, the schedule attached as an exhibit will
include only those assets of the Low and Moderate Income Housing Fund that were held
by the Successor Agency as of June 30, 2012 and will exclude all assets held by the entity
that assumed the housing function previously performed by the former redevelopment
agency.Agree the assets so listed to recorded balances reflected in the accounting records
of the Successor Agency. The listings should be attached as an exhibit to the appropriate
AUP report.
Citation:
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 rnry
bonds, grant funds, or funds provided by other governmental entities that place conditions on
their use.
Suggested Procedure(s):
6. Obtain from the Successor Agency a listing of asset balances held on June 30, 2012 that
are restricted for the following purposes:
A. Unspent bond proceeds:
L Obtain the Successor Agency's computation of the restricted balances (e.g., total
proceeds less eligible project expenditures, amounts set aside for debt service
payments, etc.)
ii. Trace individual components of this computation to related account balances in
the accounting records, or to other supporting documentation (specify in the AUP
report a description of such documentation).
iii. Obtain from the Successor Agency a copy of the legal document that sets forth the
restriction pertaining to these balances. Note in the AUP report the absence of
language restricting the use of the balances that were identified by the Successor
Agency as restricted.
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B. Grant proceeds and program income that are restricted by third parties:
L Obtain the Successor Agency's computation of the restricted balances (e.g., total
proceeds less eligible project expenditures).
ii. Trace individual components of this computation to related account balances in
the accounting records, or to other supporting documentation (specify in the AUP
report a description of such documentation).
iii. Obtain from the Successor Agency a copy of the grant agreement that sets forth
the restriction pertaining to these balances. Note in the AUP report the absence of
language restricting the use of the balances that were identified by the Successor
Agency as restricted.
C. Other assets considered to be legally restricted:
L Obtain the Successor Agency's computation of the restricted balances (e.g., total
proceeds less eligible project expenditures).
ii. Trace individual components of this computation to related account balances in
the accounting records, or to other supporting documentation (specify in the AUP
report a description of such documentation).
iii. Obtain from the Successor Agency a copy of the legal document that sets forth the
restriction pertaining to these balances. Note in the AUP report the absence of
language restricting the use of the balances that were identified by Successor the
Agency as restricted.
D. Attach the above mentioned Successor Agency prepared schedule(s) as an exhibit to
the AUP report. For each restriction identified on these schedules, indicate in the
report the period of time for which the restrictions are in effect. If the restrictions are
in effect until the related assets are expended for their intended purpose, this should
be indicated in the report.
Citation:
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
q1' 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.
Suggested Procedure(s):
7. Perform the following procedures:
A. Obtain from the Successor Agency a listing of assets as of June 30, 2012 that are not
liquid or otherwise available for distribution (such as capital assets, land held for
resale, long-term receivables, etc.) and ascertain if the values are listed at either
purchase cost (based on book value reflected in the accounting records of the
Successor Agency) or market value as recently estimated by the Successor Agency.
B. If the assets listed at 7(A) are listed at purchase cost, trace the amounts to a
previously audited financial statement (or to the accounting records of the Successor
Agency)and note any differences.
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C. For any differences noted in 7(B), inspect evidence of disposal of the asset and
ascertain that the proceeds were deposited into the Successor Agency trust fund.If the
differences are due to additions (this generally is not expected to occur), inspect the
supporting documentation and note the circumstances.
D. If the assets listed at 7(A) are listed at recently estimated market value, inspect the
evidence(if any) supporting the value and note the methodology used. If no evidence
is available to support the value and\or methodology, note the lack of evidence.
Citation:
34179.5(c)(5)(D)An itemized listing of arry 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.funrl those requirements. If a review finds that fittitre 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.
Suggested Procedure(s):
8. Perform the following procedures:
A. If the Successor Agency believes that asset balances need to be retained to satisfy
enforceable obligations, obtain from the Successor Agency an itemized schedule of
asset balances (resources) as of June 30, 2012 that are dedicated or restricted for the
funding of enforceable obligations and perform the following procedures. The
schedule should identify the amount dedicated or restricted, the nature of the
dedication or restriction, the specific enforceable obligation to which the dedication
or restriction relates, and the language in the legal document that is associated with
the enforceable obligation that specifies the dedication of existing asset balances
toward payment of that obligation.
i. Compare all information on the schedule to the legal documents that form the
basis for the dedication or restriction of the resource balance in question.
ii. Compare all current balances to the amounts reported in the accounting records of
the Successor Agency or to an alternative computation.
iii. Compare the specified enforceable obligations to those that were included in the
final Recognized Obligation Payment Schedule approved by the California
Department of Finance.
iv. Attach as an exhibit to the report the listing obtained from the Successor Agency.
Identify in the report any listed balances for which the Successor Agency was
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unable to provide appropriate restricting language in the legal document
associated with the enforceable obligation.
B. If the Successor Agency believes that future revenues together with balances
dedicated or restricted to an enforceable obligation are insufficient to fund future
obligation payments and thus retention of current balances is required, obtain from
the Successor Agency a schedule of approved enforceable obligations that includes a
projection of the annual spending requirements to satisfy each obligation and a
projection of the annual revenues available to fund those requirements and perform
the following procedures:
i. Compare the enforceable obligations to those that were approved by the
California Department of Finance. Procedures to accomplish this may include
reviewing the letter from the California Department of Finance approving the
Recognized Enforceable Obligation Payment Schedules for the six month period
from January 1, 2012 through June 30, 2012 and for the six month period July 1,
2012 through December 31,2012.
ii. Compare the forecasted annual spending requirements to the legal document
supporting each enforceable obligation.
a. Obtain from the Successor Agency its assumptions relating to the forecasted
annual spending requirements and disclose in the report major assumptions
associated with the projections.
iii. For the forecasted annual revenues:
a. Obtain from the Successor Agency its assumptions for the forecasted annual
revenues and disclose in the report major assumptions associated with the
projections.
C. If the Successor Agency believes that projected property tax revenues and other
general purpose revenues to be received by the Successor Agency are insufficient to
pay bond debt service payments (considering both the timing and amount of the
related cash flows), obtain from the Successor Agency a schedule demonstrating this
insufficiency and apply the following procedures to the information reflected in that
schedule.
i. Compare the timing and amounts of bond debt service payments to the related
bond debt service schedules in the bond agreement.
ii. Obtain the assumptions for the forecasted property tax revenues and disclose
major assumptions associated with the projections.
iii. Obtain the assumptions for the forecasted other general purpose revenues and
disclose major assumptions associated with the projections.
D. If procedures A,B, or C were performed, calculate the amount of current unrestricted
balances necessary for retention in order to meet the enforceable obligations by
performing the following procedures.
i. Combine the amount of identified current dedicated or restricted balances and the
amount of forecasted annual revenues to arrive at the amount of total resources
available to fund enforceable obligations.
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V. 8-27-12
ii. Reduce the amount of total resources available by the amount forecasted for the
annual spending requirements. A negative result indicates the amount of current
unrestricted balances that needs to be retained.
iii. Include the calculation in the AUP report.
Citation:
34179.5(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.
Suggested Procedure(s):
9. If the Successor Agency believes that cash balances as of June 30, 2012 need to be
retained to satisfy obligations on the Recognized Obligation Payment Schedule (ROPS)
for the period of July 1, 2012 through June 30, 2013,obtain a copy of the final ROPS for
the period of July 1, 2012 through December 31, 2012 and a copy of the final ROPS for
the period January 1, 2013 through June 30, 2013. For each obligation listed on the
ROPS, the Successor Agency should add columns identifying (1) any dollar amounts of
existing cash that are needed to satisfy that obligation and (2) the Successor Agency's
explanation as to why the Successor Agency believes that such balances are needed to
satisfy the obligation. Include this schedule as an attachment to the AUP report.
Citation:
34179.5(c)(6) The review shall total the net balances available after deducting the total
amounts described in subparagraphs(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 ar7d 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 insr�cieni cash balances to transfer or that
cash or cash equivalents are specifically obligated to the pin poses 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.
Suggested Procedure(s):
10. Include (or present) a schedule detailing the computation of the Balance Available for
Allocation to Affected Taxing Entities. Amounts included in the calculation should agree
to the results of the procedures performed in each section above. The schedule should
also include a deduction to recognize amounts already paid to the County Auditor-
Controller on July 12, 2012 as directed by the California Department of Finance. The
amount of this deduction presented should be agreed to evidence of payment. The
attached example summary schedule may be considered for this purpose. Separate
schedules should be completed for the Low and Moderate Income Housing Fund and for
all other funds combined (excluding the Low and Moderate Income Housing Fund).
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V. 5-27-12
Suggested Procedure(s):
11. Obtain a representation letter from Successor Agency management acknowledging their
responsibility for the data provided to the practitioner and the data presented in the report
or in any attachments to the report. Included in the representations should be an
acknowledgment that management is not aware of any transfers (as defined by Section
34179.5)from either the former redevelopment agency or the Successor Agency to other
parties for the period from January 1, 2011 through June 30, 2012 that have not been
properly identified in the AUP report and its related exhibits. Management's refusal to
sign the representation letter should be noted in the AUP report as required by attestation
standards.
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ATTACHMENT 4
AMENDMENT NO. 1
TO AGREEMENT BETWEEN THE CITY OF MOORPARK AND
ROGERS, ANDERSON, MALODY & SCOTT, LLP
FOR INDEPENDENT AUDIT SERVICES
THIS FIRST AMENDMENT TO THE SERVICES AGREEMENT ("First
Amendment"), is made and entered into this day of
, 2012, by and between the City of Moorpark, a municipal
corporation, located in the County of Ventura, State of California, hereinafter
referred to as "CITY" and Rogers, Anderson, Malody & Scott, a limited liability
partnership, hereinafter referred to as "AUDITOR".
WITNESSETH:
WHEREAS, on April 19, 2012, CITY and AUDITOR entered into an Agreement
for professional auditing services for five (5) fiscal years ending June 30, 2012
through fiscal year ending June 20, 2016; and
WHEREAS, on June 27, 2012, the State of California Governor Jerry Brown
approved Assembly Bill 1484 (AB 1484), which includes Section 34179.5 (a)
requiring each successor agency to employ a licensed accountant, approved by
the county auditor-controller and with the experience and expertise in local
government accounting, to conduct a due diligence review to determine the
unobligated balances available for transfer to taxing entities; and
WHEREAS, by October 1, 2012, AB 1484 Section 34179.6 requires each
successor agency to submit to the oversight board, the county auditor-controller,
the Controller and the Department of Finance the results of the review conducted
pursuant to Section 34179.5 for the Low and Moderate Income Housing Fund
and specifically the amount of cash and cash equivalents determined to be
available for allocation to taxing entities; and
WHEREAS, on July 31, 2012, the Ventura County Auditor-Controller's Office
approved our request to engage the AUDITOR to perform the due diligence
review as required by the provisions of AB 1484; and
WHEREAS, the CITY and the AUDITOR wish to amend the Scope of Services
and Payment provisions of the Agreement.
NOW, THEREFORE, in consideration of mutual covenants, benefits, and
premises herein stated, the parties hereto agree to amend the aforesaid
Agreement as follows:
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I. SCOPE OF SERVICES
Section 2. Scope of Services, is hereby expanded to include the
performance of the due diligence review as prescribed by AB 1484
Sections 34179.5 (c)(1) through 34179.5 (c)(3) and Sections 34179.5
(c)(5) through 34179.5 (c)(6) to be applied separately to the Low and
Moderate Income Housing Fund of the Successor Agency and to all other
funds of the Successor Agency combined; and to issue the reports by the
due dates established by law; as more specifically described in Exhibit A,
as attached hereto and incorporated herein.
II. PAYMENT
Section 5. Payment, is hereby amended to increase the full compensation
to the AUDITOR for services and out-of-pocket expenses by an additional
$20,000, not to exceed $188,000 for the total term of the Agreement.
III. REMAINING PROVISIONS
All other provisions of the aforesaid Agreement shall remain in full force
and effect.
In witness whereof, the parties hereto have executed this First Amendment on
the date and year first above written.
CITY OF MOORPARK ROGERS, ANDERSON,
MALODY & SCOTT, LLP
Steven Kueny Terry Shea
City Manager Partner
Attest:
Maureen Benson, City Clerk
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