HomeMy WebLinkAboutAG RPTS 2002 0403 RDA REG' _ j ESTABLISHED
UAM Is. Igor
�� t1F0 Oktg,�
trOF�
Resolution No. 2002 -106
MOORPARK REDEVELOPMENT AGENCY
REGULAR MEETING AGENDA
WEDNESDAY, APRIL 3, 2002
6:30 P.M.
Moorpark Community Center 799 Moorpark Avenue
1. CALL TO ORDER:
2. ROLL CALL:
3. PUBLIC COMMENT:
4. PUBLIC HEARING:
5. PRESENTATION /ACTION /DISCUSSION:
A. Consider Discussion of Affordable Housing Policy. Staff
Recommendation: Discuss the current policy for Affordable
Housing and refer matter to the Affordable Housing
Community Development Committee.
B. Consider Agreement with the County of Ventura for the
Exchange of Property for a Fire Station on High Street.
Staff Recommendation: Authorize the Executive Director to
sign the Agreement for Exchange of Real Property -
Moorpark Fire Station No. 42 with the County of Ventura
subject to final language approval of the Executive
Director and Agency Counsel.
6. CONSENT CALENDAR:
A. Consider Approval of Minutes of Special Meeting of
October 17, 2001.
Staff Recommendation: Approve the minutes as processed.
Redevelopment Agency Agenda
April 3, 2002
Page 2
7. CLOSED SESSION:
A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to
Subdivision (b) of Section 54956.9 of the Government
Code: (Number of cases to be discussed - 4)
B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Initiation of litigation pursuant to Subdivision (c) of
Section 54956.9 of the Government Code: (Number of cases
to be discussed - 4)
C. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Section 54956.9)
Mission Bell Plaza Phase II, LLC, a California limited
partnership vs. Redevelopment Agency of the City of
Moorpark. (Case No. SCO28906)
8. ADJOURNMENT:
------------------------------------------------------------------------------------------
Any member of the public may address the A5ency 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 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. 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 (805) 517 -6223.
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)
517 -6223. Notification 48 hours prior to the meeting will enable the City to make
reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102-
35.104 ADA Title II).
MOORPARK REDEVELOPMENT
AGENDA REPORT
ISM S A- .
C1TV OF MOORPAARK, CALIFORNIA
Redevelopment Agency Meeting
or _aorA 3r11 , ao0a
ACTION: 'Z� Cun.; nSUS , kvfeA
c�iscusaticrl op a�� r�,ab1 �1 i�,na/
AGE1�yX
TO: Honorable Chair and Agency Board Members
FROM: Hugh R. Riley, Assistant Executive Director
DATE: March 28, 2002 (MRA Meeting of 4/3/02)
SUBJECT: Discussion of Affordable Housing Policy
BACKGROUND
At the March 6 City Council Meeting, Mayor Hunter asked that the
Redevelopment Agency Board discuss the City /Agency Affordable
Housing Policy.
As provided in Redevelopment Law, the City requires 15 percent of
units constructed in redevelopment areas to be affordable to low
and moderate income households including very low income and 10
percent for all other areas.
The City's practice is that all of the affordable units be at the
low (80 percent or less of median income) and very low income (50
percent or less of median income) levels. Consistent with state
law, 40 percent of the affordable units in project areas must be
provided for very low income households. This equates to 6 percent
(40 percent of 15 percent) of the project. In areas outside of
project areas, the City has required 4 percent (40 percent of 10
percent) for very low income persons. The 312 -unit Archstone
apartment project was required to provide 20 percent of the units
at affordable levels and obtained a modest density bonus and some
minor changes to development standards.
In the past, the City has allowed some or all of a developer's
requirement for very low income units to be satisfied by payment of
an in -lieu fee or to be provided off site. In a report provided
separate from this report, staff has included excerpts of the
affordable housing portion of several development agreements and
the Disposition and Development Agreement (DDA) with Cabrillo, the
Honorable Agency Board of Directors
March 28, 2002 (MRA Meeting of 4/3/02)
Page 2
conditions of approval for Tracts 5181 (Asadurian) and Tract 5133
(Shea Homes, formerly Far West). In addition, staff has provided
a recap of the obligated and available Agency low and moderate
housing set -aside funds and current county median income figures.
STAFF RECOMMENDATION
Discuss the current policy for Affordable Housing and refer matter
to the Affordable Housing Community Development Committee.
HRR: SK: db
MOORPARK REDEVELOPMENT AGENCY
799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 A
ITEM
MEMORANDUM
TO: Honorable Chair and Agency Board Members
Steve Kueny, Executive Director
FROM: Hugh R. Riley, Assistant Executive Director '
DATE: March 28, 2002
SUBJECT: Support Information
Housing Policy
BACKGROUND
for Discussion of Affordable
The following is provided as support information for the Agency
Board's discussion of Affordable Housing Policy during the
April 3, 2002 Board Meeting.
State Redevelopment Law requires Redevelopment Agencies to set
aside at least 20% of its annual tax increment revenue for
projects to provide affordable housing to low income families.
The Agency receives approximately $583,700 for this purpose
annually including $503,500 in secured and unsecured tax
increment revenue each year for the Housing Set Aside Fund.
Investment earnings and rent income provide an additional
$85,200. Approximately $300,000 of this fund is spent for Agency
operating and services contract costs; $200,000 is budgeted for
the rehabilitation program and the remainder for annual debt
service.
The Fund has a current balance of $1,798,185 as of February 20,
2002. The Agency has committed these funds for the following:
Property Acquisition:
New Construction:
Relocation /Replacement
Housing
SUBTOTAL
UNCOMMITTED
$ 350,000 (Valenta Parcel)
$ 180,000 (Betancourt)
$1,250,000 (Moorpark Mobile Home
Park)
$.1,303,000
$ 495,185
Agency staff anticipates use of the remaining funds available
for land acquisition of sites in the Downtown Specific Plan Area
for the future development of higher density, affordable units.
Honorable Agency Board of Directors
April 3, 2002
Page 2
This includes additional property adjacent to the existing fire
station and other parcels in the immediate vicinity.
Attached to this Memorandum are the current Household Income
Limits for Ventura County from the U.S. Department of Housing
and Urban Development and the following excerpts of the
affordable housing provisions for the following approved
documents:
1. West Pointe Homes - Development Agreement
2. Archstone- Development Agreement
3. Pacific Communities- Development Agreement
4. Cabrillo- Disposition and Development Agreement
5. Shea Homes(formerly Far West)- Conditions of map approval
6. Asadurian- Conditions of map approval
Honorable Agency Board of Directors
April 3, 2002
Page 2
Attached to this Report are the current Household Income Limits
for Ventura County from the U.S. Department of Housing and Urban
Development and the following excerpts of the affordable housing
provisions for the following approved documents:
1. West Pointe Homes - Development Agreement
2. Archstone- Development Agreement
3. Pacific Communities- Development Agreement
4. Cabrillo- Disposition and Development Agreement
5. Shea Homes(formerly Far West)- Conditions of map approval
6. Asadurian- Conditions of map approval
United States Department of Housing and Urban Development
Household Income Limits
For
Ventura County
Effective April 6, 2001
County of Ventura Median Income: $71.800
NUMBER OF PERSONS IN HOUSEHOLD
PERCENT
STANDARD
OF
1
2
3
4
5
6
7
8
MEDIAN
Extremely
Low Income
30%
$15,100
$17,250
$19,400
$21,550
$23,250
$25,000
$26,700
$28,450
Income
50%
$25,150
$28,700
$32,300
$35,900
$38,750
$41,650
$44,500
$47,400
Low
Income
80%
Adjusted
$36,750
$42,000
$47,250
$52,500
$56,700
$60,900
$65,100
$69,300
Median
Income
100%
Estimated
$50,250
$57,450
$64,600
$71,800
$77,550
$83,300
$89,050
$94,800
Moderate
Income
120%
Estimated
$60,300
$68,950
$77,550
$86 150
$93,050
$99,950
$106,850
$113,750
West Pointe
Development Agreement
to occupancy of the 165th residential unit
Tract No. 5187. The Implementation Plan shall
include a payment amount by the Develor to
provide for the perpetual maintenanc` "of the
trail staging area. Said payment s be made
prior to occupancy of the 165th residential unit
for Tract 5187. The Implementaation Plan shall
also include provi-sions for, -'the Developer to
l
construct a temporaryM,tra " staging area within
the "A" Street right -of y south and west of the
future intersection of, "'A "'Street and "E" Street
of Tract 5187. }f
(d) No extraction,of subsurface mineral, resources,
excavation,, - rilling, pumping, mining, or similar
activity shall be allowed in any portion-.of the
Property zoned Open Space. The limitations
exc „fusions described in this subsection shall b
included in the conservation easements.
6.11. Developer shall provide five (5) four (4) bedroom and
two bath single family detached units with a minimum of
1,200 square feet and a maximum of 1,500 square feet to
be sold to buyers who meet the criteria for low income
(80 percent or less of median income); five (5) four
(4) bedroom and two bath single family detached units
with a minimum of 1,200 square feet and a maximum of
1,500 square feet to be sold to buyers who meet the
criteria for very low income (50 percent or less of
median income) and ten (10) four (4) bedroom and two
(2) bath single family detached units with a minimum of
1,200 square feet and maximum of 1,500 square feet to
be sold to buyers who meet the criteria for moderate
income (110 percent or less of median income). Prior to
approval of the first final map for Tentative Tract Map
No. 5187, Developer shall acquire at it's sole cost and
expense, an approximate two -acre parcel (Affordable
Housing Parcel) within the Moorpark Redevelopment
Agency project area on which to construct the 20
referenced units. All units shall include a standard
size two -car garage with roll -up garage door and a
minimum driveway length of eighteen (18) feet measured
from the back of sidewalk, meet minimum setback
requirements of the City RPD zone, include concrete
roof tiles, and other amenities typically found in
moderate priced housing in the City (e.g., air
conditioning /central heating, washer /dryer hookups,
garbage disposal, built -in dishwasher).
West Pointe Dev Agr 2001 44 -15 -
Developer must have received city approval of a land
use designation, zoning, tentative tract map,
residential planned development permit and any other
required permits and approvals to allow construction of
the referenced twenty (20) dwelling units on the
Affordable Housing Parcel prior to approval of the
first residential occupancy for Tract Map No. 5187.
Developer shall be responsible for the following at its
sole cost and expense:
(a) Processing of City required entitlements including
but not limited to Tentative Tract and Final Map
and Residential Planned Development Permit (RPD).
(b) Processing of General Plan Amendment, Zone Change,
and environmental document (up to a Mitigated
Negative Declaration but not an Environmental
Impact Report) .
(c) Payment of all required City fees for processing
of applications for (a) and (b), above, consistent
with City's Fee Schedule in effect at the time an
application is filed with the City.
(d) Pay all City capital improvement and mitigation
fees including but not limited to those fees
required in subsections 6.3, 6.4, 6.5, 6.7, 6.12,
6.16 and 6.17 of this Agreement.
(e) Grade the site per approved map, install all
utilities, and construct all public and private
improvements consistent with City standards
typical for such subdivision.
The first ten units (5 moderate, 2 low, 3 very low)
shall be constructed and ready for occupancy prior to
the 100th occupancy in Tract 5187, and the next 10
units (5 moderate, 3 low, 2 very low) shall be
constructed and ready for occupancy prior to the
occupancy of the 150th unit in Tract 5187.
If for any reason less than twenty (20) dwelling units
are approved for the Affordable Housing Parcel by the
City, Developer shall pay Seventy Thousand Dollars
($70,000.00) to City for each unit less than the
required twenty (20) units. The total amount shall be
due and payable prior to occupancy of the 50th unit in
West Pointe Dev Agr 2001 44 —16—
Tract 5187. This amount shall be adjusted on March 1,
2005, by any increase in the Consumer Price Index
(CPI) and annually thereafter on each March 1. The
CPI increase shall be determined by using the
information provided by the U.S. Department of Labor,
Bureau of Labor Statistics, for all urban consumers
within the Los Angeles /Anaheim /Riverside metropolitan
area during the prior year. The calculation shall be
made using the month of December over the prior month
of December. In the event there is a decrease in the
CPI for any annual indexing, the amount due shall
remain at its then current amount until such time as
the next subsequent annual indexing which results in
an increase.
In the event less than twenty (20) units are approved
on the Affordable Housing Parcel, the first such unit
deducted from the required number of units shall be a
moderate income unit, the second such unit a low
income unit, the third unit a very low income unit and
so forth in the same order.
In the event Developer does not receive City approval
for at least 16 dwelling units on an Affordable
Housing Parcel prior to March 1, 2005, City at it's
sole discretion can require payment in the amount of
Two Million Six Hundred Twenty Five Thousand Dollars
$2,625,000.00 payable prior to approval of the first
final map for Tract Map No. 5187. Effective March 1,
2006, this amount shall increase by one -half of one
percent (.5 96) each month until paid.
At City's sole discretion, two of the lots intended
for either low or very low income buyers on the
Affordable Housing Parcel may be retained by the City
for purposes of constructing the dwelling units in
conjunction with a non - profit group.
The initial purchase price for the low - income buyers
shall not exceed affordable housing cost, as defined
in Sec. 50052.5(b) (2) of California Health and Safety
Code. For a family of 4, the monthly "affordable
housing cost" would be 30% times 700 of $71,800, the
current median income for a family of 4 in Ventura
County, divided by 12. This monthly amount includes
the components identified in Section 6920 of Title 25
of the California Code of Regulations shown below.
(See Section 50052.5(c) of the Health and Safety
West Pointe Dev Agr 2001 44 —17 —
Code.) The selling price for a household of 4 or
fewer, would be $137,500 under current market
conditions, based upon the following assumptions:
Low Income Buyer
Household of Four
Item
Detail
Amount
Purchase Price
$137,500
Down Payment
50 of purchase
price
$6,875
Loan Amount
95% of purchase
price
$130,625
Interest Rate
7.5%
Property Tax
1.25%
$143 /mo.
HOA
$50 /mo.
Fire Insurance
$40 /mo.
Maintenance
$30 /mo.
Utilities
$100 /mo.
The initial purchase price for a low- income household
of five or more would be based on the affordable
housing cost for the actual household size. Under
current market conditions, that price would be
$150,000 for a household of five, $164,000 for a
household of six, and $177,500 for a household of
seven.
The initial purchase price for the very low- income
buyers shall not exceed $90,000, based on the
following assumptions:
Very Low Income Buyer
Household of Four
Item
Detail
Amount
Purchase Price
$90,000
Down Payment
5% of purchase
price
$4,500
Loan Amount
95% of purchase
price
$85,500
Interest Rate
7.5%
Property Tax
1.25%
$94 /mo.
HOA
$50 /mo.
Fire Insurance
$40 /mo.
Maintenance
$30 /mo.
Utilities
$100 /mo.
West Pointe Dev Agr 2001 44 _18—
That initial purchase price for a very low - income
household of five or more would be based on the
affordable housing cost for the actual household size.
Under current market conditions, that price would be
$99,500 for a household of five, $109,000 for a
household of six, and $118,500 for a household of
seven.
The assumptions associated with the above purchase
price figures include a-minimum of 5% down payment,
based on buyer's purchase price, mortgage interest
rate of 7.50, no mortgage insurance, property tax rate
of 1.25 %, homeowners' association dues of $50 per
month, fire insurance of $40 per month, maintenance
costs of $40 per month, and utilities of $100 per
month.
The initial purchase price for a moderate income
household of four shall not exceed Two Hundred Forty
Thousand Dollars ($240,000.00). The initial purchase
price for all three categories of buyers shall be
adjusted based on then current interest rates, then
applicable income calculations and other pertinent
factors as contained in the Affordable Housing
Implementation and Resale Restriction Plan.
If "affordable housing cost ", as defined in Section
50052.5 of California Health and Safety Code, should
change in the future, the above guidelines will be
modified. The Affordable Housing Implementation and
Resale Restriction Plan shall address this potential
change.
The difference between the initial purchase price and
market value shall be retained by the City as a second
deed of trust and will be further defined in the
Affordable Housing Implementation and Resale
Restriction Plan. City shall control the resale of any
of the units.
Developer shall pay closing costs for each unit, not
to exceed $5,000. Beginning March 1, 2005, and on
March 1St for each of fifteen subsequent years, the
maximum $5,000 to be paid for closing costs shall be
increased annually by any percentage increase in the
Consumer Price Index (CPI) for All Urban Consumers for
Los Angeles /Orange /Riverside metropolitan area during
West Pointe Dev Agr 2001 44 _19-
the prior year. The calculation shall be made using
the month of December over the prior month of
December. In the event there is a decrease in the CPI
for any annual indexing, the amount due shall remain
at its then current amount until such time as the next
subsequent annual indexing which results in an
increase.
In addition, in lieu of constructing ten (10) low
income and five (5) very low income affordable housing
units, for each of the two hundred fifty dwelling
units in the project, developer shall pay to City an
In Lieu Fee which shall be used by the City at its
sole discretion for the purpose of providing housing
affordable to very low, low or moderate income
households. The In Lieu Fee in the amount of Three
Thousand Four Hundred Dollars ($3,400.00) shall be
paid prior to issuance of the building permit for each
dwelling unit in the Project. Commencing on March 1,
2005 and annually thereafter, the In Lieu Fee shall be
adjusted by any increase in the Consumer Price Index
(CPI) until all In Lieu Fees have been paid. The CPI
increase shall be determined by using the information
provided by the U.S. Department of Labor, Bureau of
Labor Statistics, for all urban consumers within the
Los Angeles /Anaheim /Riverside metropolitan area during
the prior year. The calculation shall be made using
the month of December over the prior month of
December. In the event there is a decrease in the CPI
for any annual indexing, the In Lieu Fee shall remain
at its then current amount until such time as the next
subsequent annual indexing which results in an
increase.
The initial purchase price, market value, buyer
eligibility, resale restrictions, equity share and
second trust deed provisions, respective role of City
and Developer, and any other items determined
necessary by the City shall be set forth in the
Affordable Housing Implementation and Resale
Restriction Plan, which shall be approved by the City
Council in its sole and unfettered discretion prior to
recordation of the first final Tract Map for this
Project. The Developer and City shall, prior to the
occupancy of the first residential unit for the
Project, execute an Affordable Housing Agreement that
incorporates the Plan in total and is consistent with
this Agreement. Developer shall pay the City's direct
West Pointe Dev Agr 2001 #4 —2 0 _
costs for preparation and review of the Affordable
Housing Implementation and Resale Restriction Plan and
the Affordable Housing Agreement up to a maximum of
Seven Thousand, Five Hundred Dollars ($7,500.00).
6.12. developer agrees that the Mitigation Measures included
in, the City Council certified Final Environmental
Impact Report (EIR) and Mitigation Monitoring and
Rep0`1rting Program (MMRP), or subsequent environmental
clearance document approved by the Council, set %'forth
the mitigation requirements for air quality iyYpacts.
Developer agrees to pay to City an air ',/quality
mitigatic3n fee, as described herein (Air Qua,l:"ity Fee) ,
in satisfaction of the Transportation Demanc/Management
Fund mitiga't,ion requirement in the Final E.fivironmental
Impact Report (EIR) for the Property. Tyke Air Quality
Fee may be exp *nded by City in its sole .'discretion for
reduction of regional air pollution emissions and to
mitigate residual Project air quality impacts.
At the time the V,ee is due, Cit,� may at its sole
discretion require 'Developer to / urchase equipment,
vehicles, or other`,,items, co/ntract and pay for
services, or make im�xovemenoi for which Developer
shall receive equivalent cred�;� against Air Quality Fee
payments or refund of previgfis payments.
The Air Quality Fee shall,ba.One Thousand Four Hundred
Forty -Four Dollars ($1,4�k-4.0b,) per residential unit to
be paid prior to the i4suance \of each building permit
for the first residential 'init in Tract 5187.
Commencing on March,;rf, 2005, and annually thereafter
the Air Quality Fee/`shall be adjusted by any increase
in the Consumer Price Index (CPI) "until all fees have
been paid. The tPI increase shal l`" be determined by
using the inforVation provided by th('�,,;U.S. Department
of Labor, Bureau of Labor Statistics,,, for all urban
consumers wi,�hin the Los Angeles /Anaheim /Riverside
metropolitan' area during the prior ;year. The
calculation shall be made using the month`4 =;of December
over the prior month of December. In the event there is
a decrease in the CPI for any annual indexin4., the fee
shall remain at its then current amount until such time
as the' next subsequent annual indexing which results in
an increase.
For institutional uses, the Air Quality Fee shall ",,be
`alculated by the Community Development Departmennt
West Pointe Dev Agr 2001 44 -2 1 -
Archotorne
Development Agreement
in s'
dexing, the Citywide Traffic Fee shall remain at it
th current amount until such time as the next
subquent annual indexing which results in` an
increa e.
6.7. On the op ative date of this Agreement Deveioper shall
pay all ou standing City processing and = environmental
processing cats related to the project-and preparation
of this Agree mnt.
6.8. Developer hereby ° aives any right it may have under
California Govern _ Code Section 65915 et. Seq., or
any successor there 6?, or, "any provision of federal,
State, or City laws or\`.,,E'gulations for application or
use of any density borus',hat would increase the number
of residential uni,.t's api�oved for this project to
exceed a total o f-- '`Ihree Hunt red Twelve ( 312 ) dwelling
units.
6.9. Developer agrees to cast affirmative ballots for the
formaticgn'of an assessment distri with the power to
levy .,dssessments for the main ance of parkway
landscaping, street lighting, and if',requested by the
Cray Council, parks conferring special`,�enefits, upon
properties within the Project.
6.10 Developer, in consideration for a density bonus
obtained through the Project Approvals that i4\,greater
than would otherwise be available, agrees to guarantee
the affordability of sixty -two (62) rental units for
the life of the Project. These sixty -two ,(62)
affordable units shall be rented to eligible tenants as
follows in A., B., and C.:
A. Thirty -Seven (37) units for Lower Income
households (80% or less of Ventura County median
income) to be rented for no more than 30% of 80%
of the Ventura County median income adjusted for
household size appropriate to the unit and no
more, less a utility allowance. The utility
allowance shall be adjusted annually, commencing
in the year 2000, based on the change in the
Consumer Price Index (CPI). The CPI increase
shall be determined by using the information
provided by the U.S. Department of Labor, Bureau
of Labor Statistics, for all urban consumers
within the Los Angeles /Riverside /Orange Co.
metropolitan area during the prior year. The
calculation shall be made using the month which
is four (4) months prior to the month in which
the Development Agreement is approved by the
City Council (e.g., if approval occurs in June,
10
ARCHSTONE DA.4
then the month of February is used to calculate
the increase). If there is a decrease in the
CPI, the utility allowance shall remain at the
same amount until the next annual change in CPI
results in an increase.
Type of Unit
one bedroom, one bath
Number of Household Size Utility
Units Adjustment Allowance
0
two bedroom, one bath units 12
two bedroom, two bath units 12
three bedroom, two bath units 5
2 persons $42
3 persons $50
3 persons $50
4 persons $63
The above Adjustment
for Household Size is
intended to provide
a single rental rate
applicable to eligible
tenants for each type of
unit and, therefore, is
applied regardless of
actual household size.
The Developer may not
charge additional rent
based on a larger actual
household size. (For example, the maximum
monthly rent for a low
income household of six
renting a three bedroom, two bath unit would be
calculated as follows:
the Ventura County median income for a
household of four x .80 x .30 divided by
12 less the utility allowance, $65,300
x .80 x .30 divided by 12 less $63.00
equals $1,243.001.
Rather than calculating household income by
using 80% of median income, the household income
amount for lower income households shall be the
amount published by the United States Department
of Housing and Urban Development Household
Income Limits for Ventura County (HUD Income
Limits) or such successor information in the
event the referenced published information is no
longer available, but in no event less than
seventy -three percent (73 %) nor more than eighty
percent (80 %) of median income. If the HUD
Income Limits household income amount is less
than 73% of median income, it shall be set at
73% of median income, and if it is more than 80%
of median income, it shall be set at 80% of
median income.
11
ARCHSTQNE DA.4
B, Nineteen (19) units for Very Low Income
households (50% or less of Ventura County median
income) to be rented for no more than 30% of 50%
of the Ventura County median income adjusted for
household size appropriate to the unit and no
more, less a utility allowance. The utility
allowance shall be adjusted annually, commencing
in the year 2000, based on the change in the
Consumer Price Index (CPI) . The CPI increase
shall be determined by using the information
provided by the U.S. Department of Labor, Bureau
of Labor Statistics, for all urban consumers
within the Los Angeles /Riverside /Orange Co.
metropolitan area during the prior year. The
calculation shall be made using the month which
is four (4) months prior to the month in which
the Development Agreement is approved by the
City Council (e.g., if approval occurs in June,
then the month of February is used to calculate
the increase) . If there is a decrease in the
CPI, the utility allowance shall remain at the
same amount until the next annual change in CPI
results in an increase.
Type of Unit Number of Household Size Utility
Units Adjustment Allowance
two bedroom, one bath 6 3 persons $50
two bedroom, two bath units 9 3 persons $50
three bedroom, two bath units 4 4 persons $63
The above Adjustment for Household Size is
intended to provide a single rental rate
applicable to eligible tenants for each type of
unit and, therefore, is applied regardless of
actual household size. The Developer may not
charge additional rent based on a larger actual
household size. (For example, the maximum rent
for a very low income single person renting a
two bedroom, one bath unit would be calculated
as follows:
the Ventura County median income for a
household of three x .50 x .30 divided
by 12 less the utility allowance,
$58,800 x .50 x .30 divided by 12 less
$50.00 equals $685.001
12
ARCHSTONE DA.4
C. Six (6) units for Very Very Low Income
households (33% or less of Ventura County median
income) to be rented for no more than 30% of 33%
of the Ventura County median income adjusted for
household size appropriate to the unit and no
more, less a utility allowance. The utility
allowance shall be adjusted annually, commencing
in the year 2000, based on the change in the
Consumer Price Index (CPI) . The CPI increase
shall be determined by using the information
provided by the U.S. Department of Labor, Bureau
of Labor Statistics, for all urban consumers
within the Los Angeles /Riverside /Orange Co.
metropolitan area during the prior year. The
calculation shall be made using the month which
is four (4) months prior to the month in which
the Development Agreement is approved by the
City Council (e.g., if approval occurs in June,
then the month of February is used to calculate
the increase) . If there is a decrease in the
CPI, the utility allowance shall remain at the
same amount until the next annual change in CPI
results in an increase.
Type of Unit Number of Household Size Utility
Units Adjustment Allowance
two bedroom, one bath units 4 3 persons $50
two bedroom, two bath units 1 3 persons $50
three bedroom, two bath units 1 4 persons $63
The above Adjustment for Household Size is
intended to provide a single rental rate
applicable to eligible tenants for each type of
unit and, therefore, is applied regardless of
actual household size. The Developer may not
charge additional rent based on a larger actual
household size. (For example, the maximum
monthly rent for a very very low income
household of four renting a two bedroom, two
bath unit would be calculated as follows:
the Ventura County median income for a
household of three x .33 x. .30 divided
by 12 less the utility allowance,
$58,800 x .33 x .30 divided by 12 less
$50.00 equals $435.001.
13
ARCHSTONE DA.4
The method of selecting eligible tenants, tenant
eligibility requirements, the respective roles
of the City and the Developer and any other
items determined necessary by the City shall be
set forth in an Affordable Housing
Implementation and Rental Restriction Plan (the
"Plan "). The Plan shall restrict the rents of
the sixty -two (62) affordable units to the above
not -to- exceed amounts and shall be consistent
with this Agreement and approved by the City
Council in its sole and unfettered discretion
prior to the final inspection and occupancy
approval for the first residential unit in the
Project. The Developer and City shall, prior to
the occupancy of the first residential unit for
the Project, execute an Affordable Housing
Agreement that incorporates the Plan in total
and is consistent with this Agreement. Chapter
17.64 of the Moorpark Municipal Code shall not
apply to this Project. Developer shall pay the
City's direct costs for preparation and review
of the Plan and the Affordable Housing
Agreement, up to a maximum of five thousand
dollars ($5,000).
In addition, the Developer shall not convert the
Project to for -sale condominiums community
apartments, planned development, stock
cooperative, or other common interest
development without an amendment to the Plan
authorizing such conversion which amendment will
require the Developer to provide affordable
ownership units as determined by the City under
the terms of the amendment but in no event less
than sixty -two (62) units in the same numbers by
income level as provided in A., B., and C.,
above.
6.11. Lzi addition to fees specifically mentioned in this -
AgrL-ement, Developer agrees to pay all City capital
improveirtent, development, and processing fees= at the
rate and amount in effect at the time_ the fee is
required to be paid. Developer further agrees that
unless specifically exempted by this Agreement, it is
subject to all fees imposed by City at the operative
date of this Agreement and such future fees imposed as
determined by City in its sole discretion so long as
said fee is imposed on similarly situated properties.
Developer further agrees to not protest these fees as
may be authorized by Section 66000, et. Seq. of the
Cali or" "nia Government Code or any other applicable
to or federal law.
14
ARCHSTONE OAA
Facific Commurnitite5
Development Agreement
discretion. On the effective date of this Agreement,
&e amount of the Citywide Traffic Fee shall be $3,000
pe',t� dwelling unit. Commencing January 1, 2000, and
ann° Tally thereafter, the Citywide Traffic Fee shall be
increased to reflect the change in the State Highway
Bid Pil4ce Index for the twelve (12) month perigd that
is repted in the latest issue of the Engineering News
Record `that is available on December 31 of the
preceding\,year ( "annual indexing ") . In the event there
is a decre` se in the referenced Index for /,'a'ny annual
indexing, to Citywide Traffic Fee shall remain at its
then current\ amount until such time as the next
subsequent annual indexing which results in an
increase. Any'NCitywide Traffic Fee still due at the
time the City, C ltrans, private developer with City's
approval, or any ther public or private entity awards
a contract to con ruct an undergzound rail crossing
west of Gabbert R d, shall be paid at the then
applicable rate, wi�hin ninety,,] (90) days of said
contract award.
6.7. On the operative date of "this Agreement Developer shall
pay all outstanding City recessing and environmental
processing costs related to'fhe project and preparation
of this Agreement.
J 4
6.8. Developer hereby waives- "any might it may have under
California Government Code Section 65915 et. Seq., or
any successor thereto, or any provision of federal,
State, or City laws:or regulations , for application or
use of any density bonus that would \increase the number
of dwelling units ,'approved for this"rproject.
6.9. Developer agrees to cast affirmative 4ballots for the
formation of an assessment district and levying of
assessments,// the maintenance \,of parkway
landscaping,//street lighting, and if requested by the
City Council, parks for the provision 'of special
benefits conferred by same, upon properties within the
Project.,// Developer further agrees to obl ", ate the
property" owners association to provide for maitenance
of parkway landscaping and street lighting in the,,event
the aforementioned assessment district is dissolved or
altered in any way or assessments are reduced,, or
ligrited in any way by a ballot election of property
owners, or if the assessment district is invalidated by
court action.
6.10. Developer shall provide eleven (11)three (3) bedroom
units at approximately 1,027 square feet and eleven
(11) four (4) bedroom units at approximately 1,131
square feet to be sold to buyers who meet the criteria
)MDA.2.6 _ 10
for low income (80% of median income) . The initial
sales price, buyer eligibility, resale restrictions,
respective role of City and Developer, and any other
item determined necessary by the City shall be set
forth in the Affordable Housing Implementation and
Resale Restriction Plan, which shall be approved by the
City Council in its sole and unfettered discretion
prior to recordation of the first final Tract Map for
this project. In addition, in lieu of constructing the
fifteen (15) Very Low Income Affordable Housing Units,
Developer shall pay a fee of Sixty Thousand Dollars
($60,000) each, or a total of Nine Hundred Thousand
Dollars ($900,000) to the City (In -Lieu Fee) which
shall be used by the City at its sole discretion for
the purpose of providing housing affordable to very -
low, low, or moderate income households. A pro -rata
portion of the In -Lieu Fee in the amount of Three
Thousand Six Hundred Forty Three Dollars and Seventy
Three cents ($3,643.77) shall be paid prior to issuance
of the building permit for each dwelling unit in the
Project.
6.11. 1�i addition to fees specifically mentioned in this
Agreement, Developer agrees to pay all City capital
improvement, development, and processing fees at,-'`the
rate and amount in effect at the time the flee is
required_ to be paid. Developer further agrees that
unless specifically exempted by this Agreem/eht, it is
subject to all fees imposed by City at the operative
date of this Agreement and such future fgds imposed as
determined by City in its sole discret -ion so long as
said fee is imposed on similarly situated properties.
qe
Developer further agrees to not pr6st these fees as
may be authorized by, Section 66Q6O, et. Seq. of the
California Government Code or,. -`any other applicable
state or federal law.
f'
6.12 Within thirty (30) days o�'.fthe Effective Date of this
Agreement, Developer shall deposit One Hundred Thousand
Dollars ($100,000.00) ;(Deposit), with the City for the
purpose of managing and coordinating (Project
Management) the widening of Los Angeles Avenue (SR 118)
to three (3) travel lanes in each 'direction between
Moorpark Avenue and Spring Road (Widening Project).
City shall at its sole and unfettered discretion retain
one or more private consultants to provide Project
Management Project Management shall include but not
be limited to coordination with City, Caltrans, and
other '� public agencies and private ut ities,
pre��r°aration of Caltrans Project Study Report (PSR °� and
P dject Report (PR) , preparation of conceptual des,49n
_11..'aciternatives and acquisition of any necessary right's,\
OMDA.2.6 - 11 -
51' -1 - Morrioom
Development Agreement
6.13. Diev per_ agrees to grant the City a conservA_t-
easement in a- -f`CYrm9- acceptable to the _.Ci -t °y consistent
with Civil Code Section__,$15 f---fox—Planning Areas
12 and 13 t..p__Ynsure this area remains a�s pub�o ° -ogen
spa-ce
6.14. Developer shall provide twelve (12) three (3) bedroom
and two (2) bath units at no less than 1050 square
feet in size, and thirteen (13) four (4) bedroom and
two (2) bath units at no less than 1425 square feet in
size to be sold to buyers who meet the criteria for
low income (80% of median income). The initial sales
price, buyer eligibility', resale restrictions,
respective role of City and Developer, and any other
item determined necessary by the City shall be set
forth in the Affordable Housing Implementation and
Resale Restriction Plan, which shall be approved by
the City Council in its sole and unfettered discretion
prior to recordation of the first final Tract Map for
this project. The Developer and City shall, prior to
the occupancy of the first residential unit for the
Project, execute an Affordable Housing Agreement that
incorporates the Plan in total and is consistent with
this Agreement. Developer shall pay the city's direct
costs for preparation and review of the Plan and the
Affordable Housing Agreement, up to a maximum of Five
Thousand Dollars ($5,000). In addition, in lieu of
constructing any Very Low Income Affordable Housing
Units on site, for each of the five hundred and
seventy (570) dwelling units, Developer shall pay to
the City an In -Lieu Fee which shall be used by the
City at its sole discretion for the purpose of
providing housing affordable to very -low, low, or
moderate income households. The In -Lieu Fee in the
amount of Three Thousand Five Hundred and Eighty
Dollars ($3,580.00) shall be paid prior to issuance of
the building permit for each dwelling unit in the
Project. Commencing on October 1, 2002, and annually
thereafter, the In -Lieu Fee shall be adjusted by any
increase in the Consumer Price Index (CPI) until all
In -Lieu Fees have been paid. The CPI increase shall
be determined by using the information provided by the
U.S. Department of Labor, Bureau of Labor Statistics,
for all urban consumers within the Los
Angeles /Anaheim /Riverside metropolitan area during the
prior year. The calculation shall be made using the
month of June over the prior month of June. In the
event there is a decrease in the CPI for any annual
indexing, the In -Lieu Fee shall remain at its then
current amount until such time as the next subsequent
annual indexing which results in an increase.
!cc a:�, Highlands Dev Ag:
-15-
Cabrillo
Diopooition & Development Agreement
(3) A copy of all Agency and City documents (e.g., trust deeds, indentures, etc,
necessary to be recorded concurrently with the Grant Deed to assure closing
and 'complete funding for the development and construction -of the
improvements on the Site and payment to Agency for land; and,
(4) A copy of all construction loan documents necessary to be recorded to assure
full funding for the development and construction of improvements on the
Site; and
(5) A financial statement in a form satisfactorylo the Agency, showing sources
of capital sufficient to demonstrate that the Developer has adequate funds
legally committed to cover the difference, if any, between construction cost
minus financing authorized by_Ioans. The terms of this Agreement may be
modified as may be reasonabry necessary to accommodate a lender, so long
as such modifications do not decrease the number of units to be developed,
the number and term of the affordable units, payments due to the Agency or
City, and the improvements to be made thereon, nor adversely impact the
substantive rights of the Agency, as determined solely by the Agency.
The Agency shall; Approve or disapprove such evidence of financing within the time
established in a Schedule of Performance. Such approval shall not be unreasonably
withheld. F n ure of the Agency to approve or disapprove any such evidence of f4ncing
within s time shall be deemed an approval. If the Agency shall disapprove any`'sch
evi5prlbie of financing, the Agency shall do so by written notice to the Developer stating ti-he,",
re sons for such disapproval.
SECTION 4. DEVELOPMENT OF SITE
04.01 SCOPE OF DEVELOPMENT
The Site shall be developed for fifty -nine (59) single family detached residential housing
units, of which eleven (11) units shall remain affordable for households of low income and
four (4) units shall remain affordable for households of very-low income until the year 2032
with accompanying public or private streets, if required, in accordance with and within the
limitations established in the "Scope of Development' incorporated herein and attached to
this Agreement as Attachment No. 7, in accordance with plans approved by Agency and
subject to approvals by City, and in accordance with the Schedule of Performance
(Attachment No. 4). The lots to be developed as affordable units shall be designated on
the Tract Map and the schedule for construction of the affordable units shall be as
contained in this Agreement.
Gisler Field DDA
Page 13 of 37
With specific reference to the development of the affordable housing units, Developer shall
be required to adhere to the following schedule-
(1) In Phase 1, consisting or no more than twenty (20) units, four (4) units for
sale to low income households and one (1) unit for sale to very low income
households shall be constructed.
(2) In Phase 2, consisting or no more than twenty (20) units, four (4) units for
sale to low income households and one (1) unit for sale to very low income
households shall be constructed.
(3) In Phase 3, consisting or no more than twenty (20) units, three (3) units for
sale to low income households and two (2) units for sale to very low income
households shall be constructed.
i • l ►�
The Developer shall prepare and submit Basic Concept and Schematic Drawings and
relate -o documents for the development of the Site to the Agency for review and w +tten
approval ithin the time established in the Schedule of Performance. Basic Co pt and
Schematic'0:eawings shall include schematic plans, elevations and set' ns of the
improvements bs they are to be developed and constructed on the Site, -and shall be in
substantial conformance with the Developer's proposal submitted to ency on June 17,
1997. The Site shall be'developed as established in the Basic Concept and Schematic
Drawings and related documents except as changes may be mptttlally agreed upon between
the Developer and Agency. Any such changes shall be within the limitations of the Scope
of Development.
Specifically, the Developer shall be responsbl4Afor the construction of necessary storm
drainage improvements as identified by the C-it"!Engineer, and a forty foot (40') public street
within a fifty -three foot (53) right of way extending from Poindexter Avenue to approximately
the southerly entrance to Poindextef Park in accordance with City street standards and
requirements, and as stated in thdORequest of Proposal dated April 1997, and which shall
be recorded as a conditiorn the Final Tract Map. Agency''br.eCity shall reimburse the
Developer one -half ofAbe cost of construction only of said improvements, except as
provided for in Seetipn 03.05(3) herein. Developer shall be solely respbn. ible for all costs
associated with thd'acquisition, surveying, map preparation, recordation and,aJl other costs
associated withthe need to acquire any property in addition to that transferred y Agency
pursuant to this Agreement, in order for the full construction of the improvements,stated
herein, and in accordance with the Schedule of Performance (Attachment No.4) and Scope
of Development (Attachment No. 7).
Gisler Field DDA
Page 14 of 37
Shea Homes (Formerly Far West)
Conditions of Approval
Resolution No. 99 -1666
Page 13
J- m;nediately upon presentation of Agency's agreement tg
purchase .
38. Prior to approval of the Final Subdivisrr Map the
applicant shall 'complete the acquisition,- -- f all property
included in the purchase agreement w� of the Redevelopment
Agency and convey all access easnts on or across said
to be °r
property purchased, to �_ City of Moorpark in a form
and width as determined _b the City to provide access to
its property adjacent.Co the Arroyo Simi.
39. Far West Home; LLC (Developer) shall, in order to _ meet the
requirems of California Health and Safety Code 334.10 et
seq�� �as a condition of Tentative Tract Map No. 5133, agr`�
.as' follows :
(1) Low Income Housi
(A) Developer shall provide seven (7) three (3) bedroom
units of not less than 1,160 square feet in size, to be
sold to buyers who meet the criteria for low income
households established by the United States Department of
Housing and Urban Development for the County of Ventura
(800 of Median income). Four (4) of said units shall be
provided within the development project and scheduled as
follows:
(a) The first unit
the construction of
(b) The second unit
the construction of
(c) The third unit
the construction of
(d) The fourth unit
construction of the
shall be constructed no later than
the twenty -fifth (25th) unit.
shall be constructed no later than
the fiftieth (50th) unit.
shall be constructed no later than
the seventy -fifth (75th) unit.
shall be constructed prior to the
last unit.
(B) Three (3) of the required units may be provided outside
the development project through such means or methods as
purchase buy- downs, or other means approved by the City.
The Developer shall be responsible for all costs related to
providing the affordable units and shall be responsible for
providing the City with verification that the units
provided outside the development project are units
previously not affordable to low income households. The
Developer shall also be responsible for providing the
affordable units as follows:
Resolution No. 99 -1666
Page 14
(a) If the affordable units are located within the
Moorpark Redevelopment Project Area the units shall be
provided on a one - for -one basis.
(b) If any of the affordable units are located outside
of the Moorpark Redevelopment Project Area, the units
shall be provided on two units for each required unit
basis.
The initial sales price, location of the units, buyer
eligibility, resale restrictions, respective role of the
City and the Developer, and any other item determined
necessary by the City shall be set forth in the Affordable
Housing Implementation and Resale Restriction Plan, which
shall be approved by the City Council prior to recordation
of the first final Tract Map for this project.
The Developer and City shall, prior to the occupancy of the
first residential unit for the Project, execute an
Affordable Housing Agreement that incorporates the Plan in
total and is consistent with this Agreement.
(2) Very Low Income Housing
In lieu of constructing the five (5) Very Low income
affordable housing units required, Developer shall pay a
fee of Sixty Thousand Dollars ($60,000) for each of the
five units, or a total of Three Hundred Thousand Dollars
($300,000) to the City (In -Lieu Fee) which shall be used by
the City for the purpose of providing housing affordable to
Very -Low income households. A pro -rata portion of the In-
Lieu Fee in the amount of Three Thousand Seven Hundred
Ninety Seven Dollars and Forty Seven Cents ($3,797.47) per
unit shall be paid prior to issuance of the building permit
for each dwelling unit in the development project (This is
based on 79 units).
Commencing October 1, 2001, and annually thereafter, the
In -Lieu Fee shall be adjusted by any increase in the
Consumer Price Index (CPI) until all In -Lieu Fees have been
paid. The CPI increase shall be determined by the
information provided by the U.S. Department of Labor,
Bureau of Labor Statistics, for all urban consumers within
the Los Angeles /Anaheim /Riverside metropolitan area for the
preceding twelve month period covering June to June. In the
event there is a decrease in the CPI for any annual
indexing, the In -Lieu Fee shall remain at its then current
Resolution No. 99 -1666
Page 15
amount until such time as the next subsequent indexing
which results in an increase.
3) Preparation Fee
Developer shall pay to City the amount of Five Thousand
Dollars ($5,000.00) for the City's cost to prepare the
affordable housing plan and agreement required pursuant to
this Condition.
TY ENGINEER CONDITIONS:
PRIOR, TO THE ISSUANCE OF A GRADING PERMIT, THE FOLLOWI]
CONDITIONS SHALL BE SATISFIED:
General:
40. The Developer shall demonstrate legal access to ;ehe parcel
to the satisfaction of the City Engineer.
41. The Developer shall provide an access easelment in a form
and width as required to provide legal; -� access from the
southwest segment bf Majestic Court southerly along Private
Street "A" to properly owned by the .C'ity located adjacent
and north of the Arrov >,.Simi.
Grading:
42. The Developer shall submit lbQ the City of Moorpark for
review and approval, a rod .gh grading plan, consistent with
the approved Tentative Tact Map;�Prepared by a Registered
Civil Engineer, shall Miter into an"'% greement with the City
of Moorpark to complEte public improments and shall post
sufficient surety:- -guaranteeing the construction of all
improvements. �• `\1
43. Concurrent with submittal of the rough gr`cding plan an
erosion co �rol plan shall be submitted to t-e City for
review and' approval by the City Engineer. The de's_ign shall
include measures for hydroseeding on all graded areas
within/f30 days of completion of grading unless otherwise
appx -coved by the City Engineer. Reclaimed water shall., be
ua d for dust control during grading, if available from
Waterworks District No. 1 at the time of grading permit
approval.
Resolution No. 99 -1681
Page No. 11
Aoadurian
Conditions of Approval
6) Exotic plants which are known to spread beyond
their original plantings and .invade native
habitats such as Pampas Grass,.. - -- -Spanish Broom, and
Tamarisk - .shall not be used.
Outstanding Case Processing'Fees
15. The applicant shall,, -pay all outstanding case processing
(Planning and Engineering), and all- °C -ity legal service fees
prior to ..approval of the Final Map The applicant,
permi�tj. e-6 or successors in interest, shall `al -sQ submit to
tYie°'''Department of Community Development a fee "'ta -" -cover
,----costs incurred by the City for Condition Compliance re�tieW
of the Tentative Map.
Affordable Units and Affordable Housing Agreement
16. Low Income Housing:
a. The developer shall on this project site provide one
(1) three bedroom unit of not less than 1,350 square
feet in size, to be sold to buyers who meet the
criteria for Low Income households established by the
United States Department of Housing and Urban
Development for the county of Ventura (80% of Median
Income) .
b. The initial sales price, buyer eligibility, resale
restrictions, respective role of the City and the
developer, and any other item determined necessary by
the City shall be set forth in written form through
the Affordable Housing Implementation and Resale
Restriction Plan, which shall be approved by the City
Council prior to approval of the final Tract Map for
this project.
C. The developer and City shall, prior to the occupancy
of the first residential unit for the project, execute
an Affordable Housing Agreement that incorporates the
Plan in total and is consistent with this Agreement.
Preparation Fee
The developer shall pay to City the amount of one
thousand dollars ($1,000.00) for the City's cost to
prepare the Affordable Housing Plan and Agreement
required pursuant to this condition.
TO:
From:
DATE:
ITEM 5 • at
CITY OF'MOORPARK, CALIFORNIA
Redevelopment Agency Meeting
ofLfli 2cA. aca _
ACTION: 0,n'9MgQ& S�ttl,4
��.CO rn mPtn r9 p,�1ch .
MOORPARK REDEVELOPMENT AGEN T.
AGENDA REPORT
Honorable Chair and Agency Board Members
Hugh R. Riley, Assistant Executive Director
March 25, 2002 (Meeting of 4/3/02)
SUBJECT: Consider Agreement with the County of Ventura for
the Exchange of Property for a Fire Station on
High Street.
BACKGROUND
On May 17, 2000, the City Council provided a commitment to
Ventura County and the Ventura County Fire Protection
District that the city would acquire and exchange the
necessary property for a fire station on High Street.
On October 6, 2000 the Moorpark Redevelopment Agency
acquired the property at the northwest corner of Magnolia
Avenue and High Street. The property consists of three lots
with a total area of 20,000. The Agency paid $220,000 for
the two, 7,500 -sq. ft vacant lots that front on High
Street. The 5,000 -sq. ft. rear lot containing a residence
will be acquired in exchange for the construction of a
replacement dwelling unit on property acquired by the
Agency at 284 Charles Street for $11,000. The Agency has an
executed agreement for the purchase of this lot. The
estimated cost for the construction of the replacement
dwelling and associated design costs and moving expenses
and construction management is $195,000 making the total
cost to acquire the necessary property for the exchange
$426,000.
The principal condition of the property exchange was that
the site deeded to the City be a "clean site. " The County
property consists of 22,500 and contains a two -story fire
station with separate garage and dormitory buildings.
Honorable Agency Board of Directors
April 3, 2002
Page 2
In September 2001 the County of Ventura completed a Phase I
Environmental Site Assessment of the Station 42 Site. Staff
has examined the Report for this Site Assessment which
concludes that there are no conditions at the site that are
considered an environmental concern.
The Ventura County Fire Protection District (District) has
retained an architect and is proceeding to develop plans
for the construction of the new station. The Redevelopment
Agency is completing plans to relocate the residents of the
dwelling located at the rear of the new Station site.
The Agency Board is requested to approve an agreement with
Ventura County for the exchange of the High Street Property
for the existing Fire Station 42 property on Moorpark
Avenue across from City Hall:
The agreement provides for a timed exchange so that the
Fire Department will continue to occupy the existing
station while the new station is under construction. The
Moorpark Avenue property would be deeded to the Agency
after the District acquires title to the High Street
property and the Department has occupied the new facility.
STAFF RECOMMENDATION
Authorize the Executive Director to sign the Agreement For
Exchange of Real Property - Moorpark Fire Station No. 42
with the County of Ventura subject to final language
approval of the Executive Director and Agency Counsel.
Attachment: Property Exchange Agreement
AGREEMENT FOR EXCHANGE
OF REAL PROPERTY
MOORPARK FIRE STATION NO. 42
This agreement is entered into by and among the Ventura County Fire Protection District,
hereinafter referred to as DISTRICT, the County of Ventura, hereinafter referred to as
COUNTY, and City of Moorpark Redevelopment Agency, hereinafter referred to as CITY.
WHEREAS, COUNTY has nominal title to the property, but acknowledges that DISTRICT
functions as the owner of the property, depicted on Exhibit A attached hereto (Property A);
and
WHEREAS, DISTRICT operates Fire Station No. 42 on Property A, and
WHEREAS, DISTRICT desires to relocate and rebuild said station; and
WHEREAS; CITY owns the property depicted on Exhibit B attached hereto (Property B);
and
WHEREAS, CITY has offered to exchange Property B for Property A, and
WHEREAS, DISTRICT has determined that Property B is desirable for rebuilding its fire
station; and
WHEREAS, CITY understands that title to Property A will pass to City after DISTRICT has
acquired title to Property B and DISTRICT has occupied the new fire station constructed on
Property B; and
WHEREAS, mutual benefit to both parties will result from this exchange.
NOW, THEREFORE in consideration of terms and conditions contained herein, the parties
agree as follows:
CITY shall:
A. Relocate its tenants from Property B in accordance with all state and federal relocation
laws and policies and remove all structures.
B. Convey Property B to District.
C. Provide DISTRICT with a policy of title insurance, in the amount of $50,000.00, showing
the property vested in the DISTRICT free and clear of all liens and encumbrances,
except for those certain public easements acceptable to DISTRICT.
D. Arrange for and provide DISTRICT with all zoning and planning clearances at no cost to
DISTRICT.
E. Allow DISTRICT to remain at its property until its station on city property is completed
and occupied by DISTRICT.
1 of 3
COUNTY shall:
F. Convey Property A to CITY, including all permanent structures, and City shall accept
Property A, within two weeks of DISTRICT's occupancy of its new station constructed on
Property B.
G. Provide CITY with a policy of title insurance, in the amount of $50,000.00, showing
Property B vested in the CITY free and clear of all liens and encumbrances, except for
those certain public easements acceptable to CITY.
H. Prepare, and record all necessary deeds to complete the exchange.
The parties mutually agree as follows:
I. This agreement constitutes the entire understanding between the parties superseding all
negotiations, prior discussions, and preliminary agreements or understandings, written
or oral. This agreement may not be amended except in writing by the parties hereto.
J. Except as provided for herein, both parties have inspected the others property and are
accepting the properties as is.
K. That there will be no monetary consideration resulting from this exchange.
L. All notices shall be given in writing, delivered in person, or mailed first class, to the
parties at the following addresses.
"CITY"
Redevelopment Agency of the City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
Attn: Hugh R. Riley, Assistant City Manager
"COUNTY AND DISTRICT"
Ventura County Fire Protection District
165 Durley Avenue, Location 5400
Camarillo CA 93010
Attn: Bob Roper, Fire Chief
2of3
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
VENTURA COUNTY FIRE PROTECTION DISTRICT
Dated:
Chair, Board of Directors
ATTEST:
RICHARD D. DEAN, County Clerk of the
County of Ventura and ex officio Clerk
of the Board of Supervisors.
By:
Deputy Clerk
REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK
Dated:
ATTEST:
Deborah S. Traffensteldt
Agency Secretary
Steven Kueny
Executive Director
3of3::
i
FOR TRAC L-
512--06
/6
9�
3\ y , EVERETT
r
D � d
"y\ N
'O
•�, � 12 b y I i o 0
0-62"
f.W
IDS' So' Soy So'
� O
5)
60
LJLJ
w
ti
w
K
M
S
7
14
7 45
Yf `!
M
N H
00 26
SJ 5
u
23
IZ
24
® o h U oLJ U kn Iv 9
h
43 57,
-- k 15 45 .45' 0 50 O 75' 10 50 -
to, ! l8
CHARLES
(� J
O �
NOTE: ASSESSOR PARCELS SHOWN ON THIS PAGE 09
DO M NECESSARILY CONSTITUTE LEGAL LOTS.
CHECK WITH COUNTY SURVEYOR'S OFFICE OR
PLANNING DIVISION TO VERIFY
L-1,H Il31 -7- "/ \"
,r,
100' 1 1
10 X
X00, 50, 5
50 1 1
13c
O �
�
�o
�p s
8
SO� �
I I
so I
24 O
I
0
61
13
ICJ 7
47 4
7
,
1OC
3\ y , EVERETT
r
D � d
"y\ N
'O
•�, � 12 b y I i o 0
0-62"
f.W
IDS' So' Soy So'
� O
5)
60
LJLJ
w
ti
w
K
M
S
7
14
7 45
Yf `!
M
N H
00 26
SJ 5
u
23
IZ
24
® o h U oLJ U kn Iv 9
h
43 57,
-- k 15 45 .45' 0 50 O 75' 10 50 -
to, ! l8
CHARLES
(� J
O �
NOTE: ASSESSOR PARCELS SHOWN ON THIS PAGE 09
DO M NECESSARILY CONSTITUTE LEGAL LOTS.
CHECK WITH COUNTY SURVEYOR'S OFFICE OR
PLANNING DIVISION TO VERIFY
L-1,H Il31 -7- "/ \"
,r,
L-1,H Il31 -7- "/ \"
,r,
Tax Rate A,
JIM f,
Q 10066
ACT L B z 104
10038
L100 ._____�
. z ;
STREET
h O h In
0
h
I
2 I �
I S(
512 -0 -090 -03
6.43AG
NQ
LL
�MM
8p �.
FjIGH
:)!L —VZY
low
STREET
6c7
I�
V/
F
ry
Q
O
Z
0
Q
Hwy 118
1 "= 100'
01
PF 5ORM5' w
410
512-0-090-06
I
C) 14 C11Y OF MOORPARK
77�� " W AssessorQ Ventura County s MaP•
ITEM
MI TES OF THE REDEVELOPMENT AGENCY
Caora October 17, 2001
A Special Meeting of the Redevelopment Agency of the City of
Moorpark was held on October 17, 2001, in the Community Center of
said City located at 799 Moorpark Avenue, Moorpark, California.
1. CALL TO ORDER:
Chair Hunter called the meeting to order at 6:10 p.m.
2. ROLL CALL:
Present: Agency Members Harper, Mikos, Millhouse,
Wozniak, and Chair Hunter.
Staff Present: Steven Kueny, Executive Director; Joseph
Montes, General Counsel; Hugh Riley, Assistant
Executive Director; and Deborah Traffenstedt,
Agency Secretary.
3. PUBLIC COMMENT:
None.
4. CLOSED SESSION:
Mr. Kueny announced that Item 4.C. would be discussed in
Agency closed session.
MOTION: Agency Member Harper moved and Agency Member Wozniak
seconded a motion to adjourn to closed session for a discussion of
Item 4.C. on the agenda. The motion carried by unanimous voice
vote.
C. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Section 54956.9)
Mission Bell Plaza Phase II, LLC, a California limited
partnership vs. Redevelopment Agency of the City of
Moorpark. (Case No. SCO28906)
Present in closed session were all Agency Members; Steven
Kueny, Executive Director; Joseph Montes, General Counsel;
Hugh Riley, Assistant Executive Director; and Deborah
Traffenstedt, Agency Secretary.
c ^ran-'r
v v v +
Minutes of the Redevelopment Agency
Moorpark, California Page 2 October 17, 2001
The Agency reconvened into open session at 6:22 p.m. Mr.
Kueny announced that Item 4.C. was discussed in closed session
and that there was no action to report.
5. ADJOURNMENT:
Chair Hunter adjourned the meeting at 6:22 p.m.
Patrick Hunter, Chair
ATTEST:
Deborah S. Traffenstedt
Agency Secretary