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HomeMy WebLinkAboutAG RPTS 2000 0920 RDA REG"( ESTABLISHED �} ( lI+tiM 11L its? � ' OF ' Resolution No. 2000 -94 MOORPARK REDEVELOPMENT AGENCY REGULAR MEETING AGENDA WEDNESDAY, SEPTEMBER 20, 2000 6:30 P.M. Moorpark Community Center 799 Moorpark Avenue 1. CALL TO ORDER: 2. ROLL CALL: 3. PUBLIC COMMENT: 4. PRESENTATION /ACTION /DISCUSSION: A. Consider Adopting Resolutions of Necessity to Acquire.Fee Title by Eminent Domain that Real Property Owned by Randall and Tracy Marsh at 285 and 297 High Street. Staff Recommendation: 1) Make the findings of public necessity as described in the agenda report, and 2) Adopt Resolution No. 2000- and Resolution No. 2000- 5. CONSENT CALENDAR: A. Consider Approval of the Minutes of a Regular Meeting of March 1, 2000. Staff Recommendation: Approve minutes as processed. B. Consider Report on the Progress of Mountain View Development by Cabrillo Economic Development Corporation. Staff Recommendation: Receive and file the report. Redevelopment Agency Agenda September 20, 2000 Page 2 6. CLOSED SESSION: A. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Pursuant to Government Code Section 54956.8) Property: 661 Magnolia Street, Moorpark, CA 93021 Agency Negotiator: Steven Kueny, Executive Director Negotiating Parties: The Redevelopment Agency of the City of Moorpark and Estella Betancourt Under Negotiation: Price and terms of payment Property: 285 High Street, Moorpark, CA 93021 Agency Negotiator: Steven Kueny, Executive Director Negotiating Parties: The Redevelopment Agency of the City of Moorpark and Randall - Tracy Marsh Under Negotiation: Price and terms of payment Property: 297 High Street, Moorpark, CA 93021 Agency Negotiator: Steven Kueny, Executive Director Negotiating Parties: The Redevelopment Agency of the City of Moorpark and Randall - Tracy E. Marsh Under Negotiation: Price and terms of payment 7. ADJOURNMENT: 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 Comments prior to the beginning.of the Public Comments portion of the meeting and for Presentation/ Action Discussion items prior to the beginning of the first item of the Presentation/Action/Discussion portion of the Agenda. Speaker Cards for a Public Hearing must be received prior to the beginning of the Public Hearing. A limitation of three five minutes shall be imposed upon each Public Comment and Presentation /Action /Discussion item speaker. A limitation of three to 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. Copies of each item of business on the agenda are on file in the office of the City Clerk and are available for public review. Any questions concerning any agenda item may be directed to the City Clerk at 529 -6864. In compliance with the Americans with Disabilities Act, if you need assistance to participate in this meeting, please contact the City Clerk's Department at (805) 529 -6864. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (CFR 35.102 - 35.104 ADA Title II). STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss CITY OF MOORPARK AFFIDAVIT OF POSTING I, La-Dell VanDeren, declare as follows : That I am the Deputy City Clerk of the City of Moorpark and that a notice for a Regular meeting of the Moorpark Redevelopment Agency to be held September 20, 2000, at 6 : 30 p.m. in the Council Chambers of the Moorpark Community Center, 799 Moorpark Avenue, Moorpark, California, was posted on September 15, 2000, 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 15, 2000 . �G�� Z G=�rG✓.I�z��.� La-Dell VanDeren, Deputy City Clerk MOORPARK REDEVELOPMENT AGENCY AGENDA REPORT ITEM `1. A CITY OF MOQRPARK, CALIFORN Redevelopment Agenep Meeting of Q- a0 -a0 00 ACTION: 14-RI eiy AIV NOUNCZTJ N� NEE-C> To CLYL1SiL��f2 X-MiEtA AN A�2MT W1 PRCP OvUlViM tFA4s ge Ca N HY; TO: Honorable Agency Board of Directors FROM: Hugh R. Riley, Assistant Executive Directo DATE: September 15, 2000 (MRA Meeting of 9/20/00) SUBJECT: CONSIDER ADOPTING RESOLUTIONS OF NECESSITY TO ACQUIRE FEE TITLE BY EMINENT DOMAIN THAT REAL PROPERTY OWNED BY RANDALL AND TRACY MARSH AT 285 and 297 HIGH STREET. SUMMARY-. On January 13, 2000 the Redevelopment Agency of the City of Moorpark ( "the Agency ") offered to purchase the property at 285 and 297 High Street from Randall and Tracy Marsh for the sum of $195,000 ($ 97,500 for each identical lot). As of September 1, 2000 this offer has not been accepted by the property owners and the Agency is now proceeding with fee title acquisition of the property by eminent domain pursuant to Section 19, Article 1 of the California Constitution, Sections 1240.010 through 1240.050 of the California Code of Civil Procedure, Section 33391 (b) of the Health and Safety Code and Section 403 of the Redevelopment Plan. BACKGROUND: On May 17,t.2000 the City Council made a commitment to the Ventura County Fire Protection District that the'city will acquire and exchange the necessary property for a fire station on High Street. The May 17, 2000 City Council Agenda Report is attached to provide further details of the proposed transaction with the Fire District. The commercial parcels making up a portion of the new station site on High Street at Magnolia are Parcels 512 -0- 093 -100 and 512 -0 -093- 110 (285 and 297 High Street) . Lot 1 is owned 'by Randall MRA Agenda Report September 20, 2000 Page 2 and Tracy Marsh. Ownership of lot 2 is listed as Randall and Tracy E. Marsh. In considering the adoption of the proposed Resolutions of Necessity the Agency Board must make certain findings as to the need for the project and that the public interest is served through the Agency's acquisition of the property. These findings are as follows: 1. That the public interest and necessity require the construction of a fire station at this location. 2. That the above described fire station is planned and located in the manner that will be most compatible with the greatest public good and the least private injury; 3. That the above described real property is necessary for the proposed project; 4. That the proposed project is consistent with the Redevelopment Plan adopted by the legislative body; 5. That the offer to purchase the above described property has been made to the owner of record of the property, as required by California Government Code Section 7267.2 and said offer has not been accepted by said owner. STAFF RECOMMENDATION: That the Redevelopment Agency Board of Directors 1) Make the findings of public necessity as described in the staff report and 2) Adopt Agency Resolution 2000- and Resolution 2000 Attachments: May 17, 2000 Agenda Staff Report Resolution No. 2000 - Resolution No. 2000- 000002 TO: From: DATE: MOORPARK CITY COUNCIL AGENDA REPORT Honorable Mayor and City Council ITEM._. C.ty cam-ir ; ;3kx�_ iF:� of ^ ��� ^� • V ��U�;Z BY: Hugh R. Riley, Interim Deputy City Maniac i V May.5, 2000 (Meeting of 5/17/00) SUBJECT: Consider Formalizing a Commitment to Acquire a Suitable Site for a Fire Station on High Street. SUMMARY: City Council action is necessary to provide a written commitment to the Ventura County Fire Protection District that the city will acquire and exchange the necessary property for a fire station on High Street. BACKGROUND: The Ventura County Fire Protection District (Fire District) has plans to remodel the existing facilities at Fire Station 42 on Moorpark Avenue across from City Hall. The primary purpose of the remodel is to accommodate a larger fire truck and improve living quarters. In lieu of this remodeling, the City and the District 'are working cooperatively to develop a fire station on High Street in the City's Downtown area. Action by the City Council is needed to declare the city's intent and authorize the Mayor to -send a letter to the District committing the City to acquiring the necessary station site that will be deeded to the District in exchange for the current station property. DISCUSSION: To implement this proposal the City would acquire one, residential parcel and two commercial parcels with a combined area of 20,000 square feet located at the northwest corner of High Street and Magnolia Street. This property would be deeded to the Fire District. The city would also be responsible` for the necessary demolition to clear the site and for correcting low - hanging utility lines that traverse the site. The property is shown on the Fire Station Site Acquisition Letter of Intent to Acquire May 17, 2000 Page 2 attached map as "Potential Fire Station Site", and consists Of Parcels 9, 10 and 11 in block 093 APM, Bk. 512, Pg. 09. (A Property Map is also attached). In exchange for the deed to the referenced site, the Fire District will deed to the City the property and the current fire station on Moorpark Avenue site" ("'Existing fire station. ) which consists of Parcel 2 in Block 062, etc. and contains 22,500 square feet. The Fire District intends to design the replacement station with 1900's -style architecture in keeping with the theme for the city's downtown revitalization program. Design for the station would commence immediately upon approval from the Ventura County Board of Supervisors based on the city's commitment letter to the Fire District. The construction will be completed within 14 months from the close of the property transaction. The formal property acquisition would not commence unless: l• A firm commitment from the County Board of Supervisors and the Fire District to build the fire station on High Street is provided; and 2• The site deeded to the city is a "clean site." STAFF RECOMMENDATION: Authorize the Mayor to sign a letter addressed to the Ventura County Fire Protection District committing to the acquisition of the site for a fire station at the northwest corner of High Street and Magnolia Street consistent with this report. Attachment: Vicinity Map Site Property Maps (2) ,� 05 16 ts' 35' �I SQUARE APPRAISED PRICE PARCEL USE FOOTAGE PRICE SQ FT 2 Fire Station r_._ _ - - 22,500 . $240,000 $10.67 3 &4 Commercial & Pkng 11250 — ° n - — - 11 SFR $200,000 $17.78 12 Commercial 15,000 $125,000 $8.33 I � 7,500 $110,000 $14.67 6 Totals: 56,250 $675,000 $12.00 I3 60 /IJ 47' 49' 6S ,� 5o IJz) ar , EVERETT Existing Fire Station Site .N u J O O :. W W y � h _ r a O � O 0 N ry 4 CHARLES J qcz NOTE: ASSESSOR PARCELS SHOWN ON THIS PAGE _ DO NQT NECESSARILY CONSTITUTE LEGAL LOTS. _ 1003-8 —I L I STREET -T h � O P CY co B0, o � o ® o 0 A Potential Fire Station Site Yae s,.: 093 , G ��, 7 ;33 H i Iq 3 STREET 3 O 0 --0 /j/ (0 HWY. j!8 F I: 008 NE. CC • PER 5 -06 PARCEL USE SQUARE APPRAISED PRICE FOOTAGE PRICE SQ FT 7 Vacant 8 Vacant w/ structure 5,000 $100,000 - $20.00 5,000 $100,000 $20.00-- 10&11 Vacant 5000 1 $109,000 $21-801 0 15,00 — - $195,000 Totals: 30,000 $504,000 $16.80 tax default price $11,000 CITY OF MOOORP ARK ,r7n Assessor's - Map Bk. 512 1 PC. R-9 , 0000f; J UKt'A KA r f Q ML-- New Fire Station •Sit, SCALE I' = 300' f �C RESOLUTION 2000- A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK, CALIFORNIA, FINDING AND DETERMINING THAT PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION FOR REDEVELOPMENT PURPOSES OF CERTAIN REAL PROPERTY DESCRIBED AS 285 HIGH STREET; APN 512 -0- 093 -100; LOT 1, IN BLOCK "E ", AS THE SAME IS DESIGNATED AND DELINEATED UPON THAT CERTAIN MAP ENTITLED "MAP OF A PART OF TRACT "L" OF RANCHO SIMI, VENTURA COUNTY, CALIFORNIA," SHOWING THE TOWNSITE OF MOORPARK AND LANDS OF MADELINE R. POINDEXTER, A RESUBDIVISION OF FREMONT TRACT, IN THE CITY OF MOORPARK, AND RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAID VENTURA COUNTY RECORDER IN BOOK 5, PAGE 5 OF MAPS WHEREAS, the Redevelopment Agency of the City of Moorpark ( "Agency ") made an offer to Randall Marsh and Tracy Marsh (Owners) on January 13, 2000, to purchase property for $97,500; and WHEREAS, said offer of $97,500 represents the full amount determined to be just compensation for the property and improvements; and WHEREAS, said offer is not less than the Agency's approved appraisal of the fair market value of the property; and WHEREAS, as of September 1, 2000, Owners did not accept the Agency's offer; and WHEREAS, the Agency then notified Owners on September 1, 2000, of a hearing, to be held not less than fifteen (15) days from the date of said notification, on September 20, 2000, at which time a Resolution of Necessity to acquire the property by eminent domain would be considered; and WHEREAS, Owners have (have not) waived the fifteen (15) day notification period and have (have not) acknowledged the City's intent to hold said hearing at 6:30 p.m. on September 20, 2000 in the manner provided in the Notice of Hearing. NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: Resolution No. 2000 - Page 2 SECTION 1. The real property that is the subject of this resolution and is to be taken by the Redevelopment Agency consists of 285 High Street; APN 512 -0- 093 -100; Lot 1, in Block "E", as the same is designated and delineated upon that certain map entitled "Map of a part of tract "L" of Rancho Simi, Ventura County, California," showing the townsite of Moorpark and lands of Madeline R. Poindexter, a resubdivision of Fremont track, in the city of Moorpark, and recorded in the office of the County Recorder of said Ventura County recorder in Book 5, Page 5 of Maps. Exhibit `A' which is attached hereto and incorporated herein, and as more particularly depicted on Exhibit `B' which is also attached hereto and incorporated herein. SECTION 2. The public use for which the above- described property is to be taken is the construction of a Fire Station at the northwest corner of High Street and Magnolia Avenue. The Redevelopment Agency is authorized to acquire the above described property by eminent domain pursuant to Section 19, Article 1 of the California Constitution, Sections 1240.010 through 1240.050 of the California Code of Civil Procedure, Section 33391 (b) of the Health and Safety Code and Section 403 of the Redevelopment Plan. SECTION 3. The Agency finds and determines as follows: 1. That the public interest and necessity require the construction of a Fire Station at this location; 2. That the above described fire station is planned and located in the manner that will be most compatible with the greatest public good and the least private injury; 3. That the above described real property is necessary for the proposed project; 4. That the proposed project is consistent with the Redevelopment Plan adopted by the legislative body; 5. That the offer to purchase the above described property has been made to the owner of record of the property, as required by California Government Code Section 7267.2 and said offer has not been accepted by said owner. Resolution No. 2000 - Page 3 SECTION 4. If any of the above described property has been previously appropriated to some public use, the public use for which it is taken under this proceeding is a compatible public use or, in the alternative, a more necessary public use. SECTION 5. The Agency's Attorney and the firm of Burke, Williams and Sorenson are hereby authorized and directed to prepare, institute, and prosecute in the name of the Redevelopment Agency of the City of Moorpark such proceedings in the court having jurisdiction thereof as may be necessary for the acquisition of the above described easements. SECTION 6. The Agency Secretary shall certify to the adoption of this resolution by a vote of not less than two - thirds of all of the members of the Agency Board of Directors. SECTION 7. This resolution shall be effective immediately upon its adoption. SECTION 8. The Agency Secretary shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original Resolutions. PASSED AND ADOPTED this ATTEST: Deborah S. Traffenstedt Agency Secretary Attachments: Exhibit "A" Exhibit "B" day of September, 2000. Patrick Hunter, Chair Resolution No. 2000 - Page 4 EXHIBIT A1A° LEGAL DESCRIPTION LOT 1, IN BLOCK E, AS THE SAME IS DESIGNATED AND DELINEATED UPON THAT CERTAIN MAP ENTITLED "MAP OF A PART OF TRACT "L" OF RANCHO SIMI, VENTURA COUNTY, CALIFORNIA, SHOWING THE TOWNSITE OF MOORPARK AND LANDS OF MADELINE R. PONDEXTER, A RESUBDIVISION OF FREMONT TRACT, IN THE CITY OF MOORPARK, AND RECORDED IN BOOK 5, PAGE 5 OF MAPS. mmm F. s b H U TT�^ Vl r th - t-+ N O O C A� Q N+ h-+ C x H H a POR TRACT L , R0. SIMI ram Rule Area 512-09 10066 " 06 rOf99 raoao E>S I 10036 I CHARLES BEREFT z I$ 7 9 9 to I {_ 1: ' Ir I is i3 I 14 N n a 0 Vr 13 e 141 "!�. to, k,5lf - I R r 091 ti Q 093 r O 08 r? (X 6 7 I G a r cd> HIGH O bC3 /F STREET HWY. 118 } I J S. P R R. I I �_Ilr r I r ' fa ToMr+slle Moorpnk,R.M.Bk. B w"q 17 �no' "° a W ,t M NMI fYlt1 M1 1 q ^' '"° " ^ � 14 CITY OF MOOORPARK Assessor's Alop Bk.512 , Pp 09 M.L.WIcke Sub. R M. Bk, 6 Pg. 37 "or A,,.,,e t erx, " ma", me." „ ta.n,u County of Ventura. Cow b H U TT�^ Vl r th - t-+ N O O C A� Q N+ h-+ C x H H a RESOLUTION NO. 2000- A RESOLUTION OF THE REDEVELOPNMENT AGENCY OF THE CITY OF MOORPARK, CALIFORNIA, FINDING AND DETERMINING THAT PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION FOR REDEVELOPMENT PURPOSES OF CERTAIN REAL PROPERTY DESCRIBED AS 297 HIGH STREET; APN 5120- 093 -110; LOT 2, IN BLOCK "E ", AS THE SAME IS DESIGNATED AND DELINEATED UPON THAT CERTAIN MAP ENTITLED "MAP OF A PART OF TRACT "L" OF RANCHO SIMI, VENTURA COUNTY, CALIFORNIA," SHOWING THE TOWNSITE OF MOORPARK AND LANDS OF MADELINE R. POINDEXTER, A RESUBDIVISION OF FREMONT TRACT, IN THE CITY OF MOORPARK, AND RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAID VENTURA COUNTY RECORDER IN BOOK 5, PAGE 5 OF MAPS WHEREAS, the Redevelopment Agency of the City of Moorpark (" "Agency") made an offer to Randall Marsh and Tracy Marsh (' "Owners ") on January 13, 2000, to purchase property for $97,500; and WHEREAS, said offer of $97,500 represents the full amount determined to be just compensation for the property and improvements; and WHEREAS, said offer is not less than the Agency's approved appraisal of the fair market value of the property; and WHEREAS, as of September 1, 2000, Owners did not accept the Agency's offer; and WHEREAS, the Agency then notified Owners on September 1, 2000, of a hearing, to be held not less than fifteen (15) days from the date of said notification, on September 20, 2000, at which time a Resolution of Necessity to acquire the property by eminent domain would be considered; and WHEREAS, Owners have (have not) waived the fifteen (15) day notification period and have (have not) acknowledged the City's intent to hold said hearing at 6:30 p.m. on September 20, 2000 in the manner provided in the Notice of Hearing. NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: Resolution No. 2000 - Page 2 SECTION 1. The real property that is the subject of this resolution and is to be taken by the Redevelopment Agency consists of 297 High Street; APN 512- 093 -110; Lot 2, in Block "E ", as the same is designated and delineated upon that certain map entitled "Map of a part of tract "L" of Rancho Simi, Ventura County, California," showing the townsite of Moorpark and lands of Madeline R. Poindexter, a resubdivision of Fremont track, in the city of Moorpark, and recorded in the office of the County Recorder of said Ventura County recorder in Book 5, Page 5 of Maps. Exhibit `A' which is attached hereto and incorporated herein, and as more particularly depicted on Exhibit `B' which is also attached hereto and incorporated herein. SECTION 2. The public use for which the above - described property is to be taken is the construction of a Fire Station at the northwest corner of High Street and Magnolia Avenue. The Redevelopment is authorized to acquire the above described property by eminent domain pursuant to Section 19, Article 1 of the California Constitution, Sections 1240.010 through 1240.050 of the California Code of Civil Procedure, and Section 33391 (b) of the Health and Safety Code and Section 403 of the Redevelopment Plan. SECTION 3. The Agency finds and determines as follows: 1. That the public interest and necessity require the construction of a Fire Station at this location; 2. That the above described fire station is planned and located in the manner that will be most compatible with the greatest public good and the least private injury; 3. That the above described real property is necessary for the proposed project; 4. That the proposed project is consistent with the Redevelopment Plan adopted by the legislative body; 5. That the offer to purchase the above described property has been made to the owner of record of the property, as required by California Government Code Section 7267.2 and said offer has not been accepted by said owner. Resolution No. 2000 - Page 3 SECTION 4. If any of the above described property has been previously appropriated to some public use, the public use for which it is taken under this proceeding is a compatible public use or, in the alternative, a more necessary public use. SECTION 5. The Agency's Attorney and the firm of Burke, Williams and Sorenson are hereby authorized and directed to prepare, institute, and prosecute in the name of Redevelopment Agency of the City of Moorpark such proceedings in the court having jurisdiction thereof as may be necessary for the acquisition of the above described easements. SECTION 6. The Agency Secretary shall certify to the adoption of this resolution by a vote of not less than two - thirds of all of the members of the Agency Board of Directors. SECTION 7. This resolution shall be effective immediately upon its adoption. SECTION 8. The Agency Secretary shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original Resolutions. PASSED AND ADOPTED this day of September 2000. Patrick Hunter, Chair ATTEST: Deborah S. Traffenstedt Agency Secretary Attachments: Exhibit "A" Exhibit "B" Resolution No. 2000 - Page 4 EXHIBIT °A° LEGAL DESCRIPTION LOT 2, IN BLOCK E, AS THE SAME IS DESIGNATED AND DELINEATED UPON THAT CERTAIN MAP ENTITLED "MAP OF A PART OF TRACT "L" OF RANCHO SIMI, VENTURA COUNTY, CALIFORNIA, SHOWING THE TOWNSITE OF MOORPARK AND LANDS OF MADELINE R. PONDEXTER, A RESUBDIVISION OF FREMONT TRACT, IN THE CITY OF MOORPARK, AND RECORDED IN BOOK 5, PAGE 5 OF MAPS. 1 POR TRACT L , R0, SIMI Tax Role Area _ 512-09 10066 H 10039 " OB 48886 e (0000 10038 CHARLES STREET 2 o _ � oo Q s o ooio� ©',o k,S71 s I 15 14 "g na 10 11 14±I'!5., i 091 2 092 I 093 b 0 3 4 3 2, i '. y, o i� ^6 7 G a Qa OB i H)GH D 6R i F � STREET HWY. 118 i -I �Cd��f•n ! � 2 .a ��•o•oso•oe i w 7� i S. P R R. � ' N .�.� CITY OF MDOORPARK !0 Aeleeeo►$ Map Bk.61z.pg 09 i Towwo MoorPork,R.M.&A-3 ' M.L..Wicks SuE, R M. Bk. g P9. 3i.. nor w„•,wrY eta. Mom °•: S°° n p fupp. nly of Ventura, Colif .^S Po �� it ^� Ra. S7m1 R.M. Bk, 3 PO 1 Cov ry,m�nYS 9+a.n � sway, x H H H td MOORPARK REDEVELOPMENT AGENDA REPORT ITEM r. CITE' OF MOORPARK, CALIFORNIA Redevelopment Agency Meeting Of q -ao- a000 ACTION: A F�P,eav a STAFF le EGOMMcNZ�/�77pn1 BY AGENCY To: Honorable Agency Board of Directors From: Nancy Burns, Senior Management Analyst Date: September 14, 2000 (Agency Mtg. of Septe er 20, 2000) Subject: CONSIDER REPORT ON THE PROGRESS OF MOUNTAIN VIEW DEVELOPMENT BY CABRILLO ECONOMIC DEVELOPMENT CORPORATION BACKGROUND In July 1998 the Moorpark Redevelopment Agency entered into a Disposition and Development Agreement (DDA) with Cabrillo Economic Development Corporation (CEDC) for the construction of fifty -nine (59) homes on the Gisler Field Site, fifteen (15) of which are to be affordable to low and very low income households. The Schedule of Performance (Attachment 4 of the DDA) was amended on February 17, 1999, to extend the time periods for the performance of certain actions.) At its regularly scheduled meeting April 5, 2000, the Agency received a staff report summarizing the status of this project. The Agency directed execution of the following: modifications to the Disposition and Development Agreement (DDA) to restrict all affordable units for thirty (30) years or until the year 2032, whichever is later; final language of key documents to be subject to approval by the Executive Director and Agency Counsel; and interest accrual to be effective April 1, 2000, on the purchase price of the site. In addition, staff was directed to revise the Schedule of Performance, define Moorpark residency, and utilize the Department of Housing and Urban Development (HUD) definition of First Time Home Buyer. Honorable Agency Board of Directors Date 09/14/00 Page 2 DISCUSSION Staff has been working with the Developer to resolve outstanding issues for this project. A Draft Revised Schedule of Performance is attached to this report. Some delays have occurred due to slower turn - around than anticipated by the Developer's consultants, attributed to the current level of construction activity; delays with outside agencies such as Calleguas and Ventura County Water Works; and Agency delays in the approval of loan documents. The delays in obtaining special legal counsel, due to insurance and indemnification issues, have been resolved and special counsel will now be available. Progress to date on the resolution of outstanding issues includes the following: Development /construction issues: 1. A Proposed Revision to the Schedule of Performance has been prepared and is attached. 2. Additional revisions to the CC &Rs were made by the Developer and resubmitted September 14, 2000. 3. Outside agency approvals that are still needed include Calleguas and the Ventura County Water Works. The Water Works District is preparing a Joint Use Agreement for City -owned property needed to deliver water service to the development. Will Serve letters for water and sewer service need to be submitted. 4. Other outstanding Community Development conditions of compliance are conditions of the building permit, and not required until after recording of the Final Map. 5. The Final Map and improvement plans, now in their fourth Plan Check, are expected to be approved by the City Engineer by September 20, 2000. 6. Loan approval has been obtained by the Developer for all three (3) construction phases. 7. The Developer requests to increase the total number of units to be constructed in Phase I, including a larger number of Affordable Units in this phase, and to construct some improvements for the entire project during this phase. 8. The DDA states that the construction will be conducted in three phases. The Developer has requested approval to record the Final Map in three phases, paying fees for each phase at 00002 4 Honorable Agency Board of Directors Date 09/14/00 Page 3 the time of the recording of that phase. This request has been submitted to the City for consideration. Escrow /lending /eligibility issues: 1. Loan documents for the purchase of Gisler Field by the Developer, construction loan documents, and documents for the sale of the Affordable Units have been prepared and submitted. Revisions to these documents have been made, as requested by staff. These documents are awaiting legal review by special counsel, who is expected to be under contract with the Agency by the week of September 18, 2000. Contract issues relating to Agency indemnification and insurance requirements delayed the retaining of legal counsel with extensive experience in Affordable Housing programs. 2. Underwriting and program eligibility guidelines for the Affordable Units have been discussed with Cabrillo staff and will be reviewed by special counsel and Agency Counsel. Issues under discussion include buyer selection criteria and allowable ratios. 3.,A definition of Moorpark residency will be included in the underwriting and program guidelines for the Affordable Units. A final definition has not been agreed upon by the Agency. A resident is - expected to be defined as an individual who resides within the corporate limits of the City. Residence eligibility is expected to require at least one buyer to live in Moorpark at the time of application. All individuals who qualify for the purchase, are on the loan, and on title will be required to reside on the property. 4. The current federal (HUD /FHA) definition of a First Time Home Buyer includes the following stipulations, which will be included in the project Underwriting and Program Guidelines: • No ownership in a principal residence during the 3 -year period ending on the date of purchase of the property. (Either spouse can meet this test and qualify.) • Is a displaced homemaker that has only owned with a spouse; • Is a single parent that has only owned with a former spouse while married; • Has only owned a principal residence not permanently affixed to a permanent foundation in accordance with applicable regulations (mobilehome) (No requirement to sell such prior residence) � W� Honorable Agency Board of Directors Date 09/14/00 Page 4 • Has only owned a property that was not in compliance with State local, or model building codes and cannot be brought into compliance for less than the cost of constructing a permanent structure. SUMMARY Staff anticipates returning to the Agency at the October 18, 2000, meeting with recommendations to amend the DDA. Recommendations will include a revised Final Schedule of Performance, change in the number of units to be constructed in each phase, and minimum thirty -year deed restrictions for Affordable Units. Delays in the development schedule for this project have occurred due to Developer's lack of timeliness in providing plan revisions and modifications to CC &Rs, etc. and are due in part to delays by Developer's construction lender in the early stages of approving the Phase I construction loan. In addition, delays by the Agency in the review of deed restrictions' and loan documents and overall Agency coordination of this project have contributed to the current status of the development. Documents and guidelines for the Affordable Units in this project have been developed in tandem with the completion of other requirements for the development; no additional delay is due to the Affordable Units. As shown on the attached Draft Revised Schedule of Performance, most of the project requirements have been completed at this time and estimated completion dates for the remaining milestones are considered realistic. STAFF RECONMNDATION Receive and file this report. Attachment Draft Revised Schedule of Performance Disposition and Development Agreement Cabrillo Economic Development Corporation September 13, 2000 Original Date 7/98 Amended Date .2/17/99) Proposed Date (CEDC) Recommended Date (Staff) Item Status 0 Staff Comments June 1998 June 1998 July 1998 June 1998 July 1998 09/14/00 Good faith payment due Disposition and Development Acireement executed Complete Complete Complete July 1998 August 1998 August 1998 Submittal of basic concept and schematic drawings for Agency approval Sec. 04.02 August 1998 August 1998 September 1998 November 1998 September 1998 November 1998 Agency approval of concept and schematic drawings Sec. 04.05 Submittal of waiver requests Complete Complete September 1998 December 1998 December 1998 Application for entitlements submitted Sec 04.07 Complete November 1998 March 1999 March 1999 Applications submitted to Planning Commission and /or Council for review and action Complete January 1999 April 1999 April 1999 Entitlements approved Complete January 1999 April 1999 Begin final engineering and architectural design Complete March 1999 June 1999 June 1999 Civil engineering plans submitted to en ineerin Complete March 1999 June 1999 June 1999 Grading plans submitted to en ineerin Complete March 1999 June 1999 June 1999 Building plans submitted for plan check Complete Draft Revised Performance Schedule 0 CEDC DDA Page 1 of 3 N 09/14/00 UT i i s Original Amended Proposed Recommended Date Date Date (CEDC) Date (7/98 ) (2/17/99 1999 (Staff) July 1999 October May 2000 Awaiting legal review 1999 1999 August October July 1999 October May 2000 Improvement plans -need street names; geotechnical report approved 4 h Plan Check; approval anticipated 9/20/00 (includes grading and im rovement plans) 1999 Approved 4/10/00 pending outside agencyapprovals, payment of fees July 1999 September December Awaiting legal review 1999 2000 July 1999 September May 2000 Awaiting legal review 1999 Final Map in Plan Check Interest accrual began 4/1/00 August October October 1999 1999 1999 August October May 2000 1999 1999 August October October 1999 1999 1999 December March May 2000 1999 2000 December March May 2000 1999 2000 December April 2000 May 2000 1999 December April 2000 May 2000 1999 January April 2000 May 2000 2000 January April 2000 May 2000 2000 June 2000 July 2000 July 2000 June 2000 September .September 2000 2000 Draft Revised Performance Schedule CEDC DDA Page 2 of 3 09/14/00 April 1, 2000 (Interest) December 2000 December 2000 January 2001 January 2001 April 1, 2000 Item Civil engineering plans approved Building plans approved Other government agencies' approvals obtained Submit proof of financing (Sec. 03.14) Escrow opens (Sec. 03.02) Submit copy of Developer's executed contract documents (Sec. 03.14) Promissory Note prepared for Agency review (Sec. 03.07) Final Map recorded/ Interest begins to accrue HOA recorded Escrow closes within 30 days of recordation, title conveyed to CEDC (Sec. 03.03) Construction loan closes Interest payments begin Phase One construction begins Interest begins to accrue if Final Map not yet recorded Marketing begins Status Staff Comments Pending Improvement plans -need street names; geotechnical report approved 4 h Plan Check; approval anticipated 9/20/00 (includes grading and im rovement plans) Complete Approved 4/10/00 pending outside agencyapprovals, payment of fees Pending Other approvals needed Complete Awaiting legal review Complete Escrow opened 10/6/99 Pending CEDC to contract with itself for Phase I Complete Awaiting legal review Pending Final Map in Plan Check Interest accrual began 4/1/00 CC &_Rs submitted Revisions to CC &Rs being reviewed by Agency Counsel Pending Pending Includes deferred interest from 4/1/00 Pending Complete Ongoing Original Date 7/98 Amended Date 2/17/99) Proposed Date (CEDC) Recommended Date Staff) Item Status Staff Comments June 2000 September 2000 August 2001 November 2001 Payment of Site Purchase Price begins with sale of market value units August 2000 November 2000 August 2001 November 2001 Phase Two construction begins October 2000 January 2001 September 2001 February 2002 Sales completed, Phase One February 2001 April 2001 August 2002 August 2002 Phase Three construction begins April 2001 July 2001 September 2002 September 2002 Sales completed, Phase Two January 2002 January 2002 January 2002 January 2002 Full construction of new public street completed January 2002 March 2002 September 2003 September 2003 Sales completed, Phase Three Draft Revised Performance Schedule CEDC DDA Page 3 of 3 09/14/00