HomeMy WebLinkAboutAG RPTS 2007 0117 RDA REGJ ESTABLISHED
* + is. inr
0 rFOR T
OF �a4�4 Resolution No. 2007 -172
MOORPARK REDEVELOPMENT AGENCY
REGULAR MEETING AGENDA
WEDNESDAY, JANUARY 17, 2007
7:00 P.M.
Moorpark Community Center 799 Moorpark Avenue
CALL TO ORDER:
2. ROLL CALL:
3. PUBLIC COMMENT:
4. PRESENTATION /ACTION /DISCUSSION:
A. Consider Lease Agreement with Moorpark Chamber of Commerce for Office
Building and Parking at 18 High Street. Staff Recommendation: Approve
lease agreement, subject to final language approval by the Executive Director
and General Counsel. (Chair Hunter)
5. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED)
A. Consider Approval of Minutes of Special Meeting of December 6 2006. Staff
Recommendation: Approve the minutes.
B. Consider Approval of Minutes of Regular Meeting of December 6 2006. Staff
Recommendation: Approve the minutes.
C. Consider Approval of Minutes of Special Meetina of December 20. 2006. Staff
Recommendation: Approve the minutes.
D. Consider Approving Relocation Plan for 765 Walnut Street. Staff
Recommendation: Adopt Relocation Plan for 765 Walnut Street. (Staff:
David Moe)
E. Consider Approving Replacement Housing Plan for 765 Walnut Street. Staff
Recommendation: Adopt Replacement Housing Plan for 765 Walnut Street.
(Staff: David Moe)
Redevelopment Agency Agenda
January 17, 2007
Page 2
5. CONSENT CALENDAR: (continued)
F. Consider Issuance of a Request for Qualifications from Developers for a High
Density Residential Ownership Project. Staff Recommendation: Authorize
razing of both structures at 765 Walnut and clearance of the property, and
securing a market rate tenant for 798 Moorpark Avenue; authorize the
Executive Director to execute lease of rear building at 782 Moorpark Avenue
to the American Legion at $1.00 per year; and direct staff to issue a Request
for Qualifications from developers for a high- density residential- ownership
project. (Staff: David Moe)
6. CLOSED SESSION:
A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Subdivision (b) of Section
54956.9 of the Government Code: (Number of cases to be discussed - 4)
B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Initiation of litigation pursuant to Subdivision (c) of Section 54956.9 of the
Government Code: (Number of cases to be discussed - 4)
C. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Pursuant to Government Code Section 54956.8)
Property: 250 East 'Los Angeles Avenue (APN 506 -0 -020 -130)
Agency Negotiator: Moorpark Redevelopment Agency- Steven Kueny,
Executive Director
Negotiating Parties: Steven A. Valenza
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 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 special assistance to review an agenda or participate in this
meeting, including auxiliary aids or services, please contact the City Clerk's Division at (805) 517 -6223. Upon request, the agenda
can be made available in appropriate alternative formats to persons with a disability. Any request for disability- related modification
or accommodation should be made at least 48 hours prior to the scheduled meeting to assist the City staff in assuring reasonable
arrangements can be made to provide accessibility to the meeting (28 CFR 35.102- 35.104; ADA Title II).
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss
CITY OF MOORPARK )
AFFIDAVIT OF POSTING
I, Maureen Benson, 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 Wednesday, January 17, 2007,
at 7:00 p.m. in the Council Chambers of the Moorpark Community Center, 799 Moorpark
Avenue, Moorpark, California, was posted on January 12, 2007, 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 January 12, 2007.
Maureen Benson Deputy City Clerk
O
4. A.
CITY OF MOORPARK, CALIFORNIA
Redevelopment Agency Meeting
MOORPARK REDEVELOPMENT AGENCdfrloN: 62 d a�
AGENDA REPORT
TO: The Honorable Members of the Moorpark Redevelopment
Agency
FROM: Patrick Hunter, Chair, Moorpark Redevelopment Agency
DATE: December 29, 2006 (MRA Meeting of January 17, 2007)
SUBJECT: Consider Lease Agreement with Moorpark Chamber of
Commerce for Office Building and Parking Area at 18 High
Street
DISCUSSION:
The Moorpark Redevelopment Agency owns the office building and improved
parking area at 18 High Street. The building has a usable area of approximately
1,500 square feet and is presently leased to Charles Abbott & Associates
(Abbott) for the City's Engineering and Building Safety services. Abbott pays the
Agency $1,500/ month rent. Personnel located in this office building will be
relocated to the new, modular office building at the north end of the Civic Center
Complex in January 2007.
The City of Moorpark currently pays the Moorpark Chamber of Commerce (the
Chamber) $20,000 per year under an Agreement for Services. The current
agreement will expire on June 30, 2007.
The Chamber currently leases office space at 225 West Los Angeles Avenue
and pays approximately $1,850 per month rent plus $500 per month for common
area maintenance at the Moorpark Town Center or a total of $28,200 per year for
office space excluding utilities.
The Agency proposes to lease the building and property at 18 High Street to the
Moorpark Chamber of Commerce for a minimum rent one dollar per year for use
as a Chamber of Commerce Office effective February 1, 2007. The building has
adequate parking for staff and customers and can be easily remodeled for the
Chamber. A Lease Agreement has been prepared and is presented for the
Agency Board's consideration.
0000ol
Redevelopment Agency Agenda Report
Chamber of Commerce Lease
January 17, 2007
Page 2
The basic provisions of the proposed lease are as follows:
1. Term: 3/1/07 to 6/30/09 (28 months) with 30 day Termination Notice.
(Lease may commence sooner depending upon building availability)
2. Rent: $1.00 / Yr.
3. Utilities: Chamber to pay for water, including water for landscape
irrigation, sanitary sewer, electric, telephone, cable TV and Natural Gas -
Agency to pay for refuse disposal services.
4. Agency to provide maintenance of landscaping, parking lot and building
exterior as well as plumbing, electrical and HVAC maintenance.
5. No sub -lease without Agency approval- must be an associated use.
6. Chamber to allow public use of parking area when office is closed and on
weekends unless there is a Chamber event requiring use of the parking
area.
7. Chamber to provide tenant Improvement Plans (Installations) for Agency
Approval. Chamber to pay for all installations and obtain appropriate
permits from the City.
8. Lease shall have no impact upon current Agreement for Services which
expires 6/30/07 and would not be renewed. Chamber will receive all
payments totaling $20,000 through June 30, 2007 as provided in that
agreement.
9. Chamber waives right to relocation assistance provisions as an occupant
of the property under the Relocation Assistance Act, Government Code
Section 7260 gt §gg., and the California Community Redevelopment Law,
Health and Safety Code Section 33000 et sea., or under any similar or
successor statutes.
10. Chamber shall pay, when due, all taxes and assessments that may be
levied against Tenant's possessory interest in the premises directly to the
county tax collector in accordance with subsection (b) of Section 107.6 of
the Revenue and Taxation Code.
11. The Chamber would continue to provide the City with the services and
benefits previously included in the Services Agreement.
000002
Redevelopment Agency Agenda Report
Chamber of Commerce Lease
January 17, 2007
Page 3
STAFF RECOMMENDATION:
Approve Lease Agreement with the Moorpark Chamber of Commerce for the
Building and Property at 18 High Street Subject to Final Language Approval by
the Executive Director and Agency Counsel.
Attachment: Lease Agreement
0000()a
LEASE AGREEMENT
BY AND BETWEEN
MOORPARK CHAMBER OF COMMERCE
MOORPARK, CALIFORNIA
AND
THE MOORPARK REDEVELOPMENT AGENCY
EFFECTIVE DATE
March 1, 2007
000004
TABLE OF CONTENTS
SECTION PAGE
1. PROPERTY LEASED ..................................................... ... ............................. 3
2. TERM .............................................................................. ............................... 3
3. HOLDING OVER ............................................................ ............................... 3
4. RENT .............................................................................. ............................... 4
5. LIABILITY INSURANCE ................................................. ............................... 5
6. INDEMNIFICATION AND HOLD HARMLESS ................ ............................... 7
7. USE ................................................................................ ............................... 7
8. UTILITIES ....................................................................... ............................... 7
9. TAXES, ASSESSMENTS AND LIENS ........................... ............................... 8
10. WAIVER OF RELOCATION ASSISTANCE .................... ............................... 8
11.
INSTALLATION BY TENANT ......................................... ...............................
8
12.
REMEDIES ..................................................................... ...............................
9
13.
MAINTENANCE ............................................................... ..............................9
14.
PESTICIDES AND HERBICIDES ................................... ...............................
10
15.
HAZARDOUS MATERIALS INDEMNITY ....................... ...............................
10
16.
NO WARRANTIES BY AGENCY .................................... ...............................
12
17.
CASUALTY INSURANCE ............................................... ...............................
12
18.
GOVERNING LAW ......................................................... ...............................
12
19.
ENTRY BY AGENCY ...................................................... ...............................
12
20.
ASSIGNMENT AND SUBLETTING ................................ ...............................
12
21.
DEFAULT OR BREACH ................................................. ...............................
13
1 0000os
SECTION PAGE
22. INSOLVENCY OR BANKRUPTCY ................................. ............................... 13
23. DISPOSSESSION .......................................................... ............................... 13
24. CONDEMNATION .......................................................... ............................... 14
25. WAIVER ............................................................................ .............................14
26. ACQUIESCENCE ........................................................... ............................... 14
27. PARTIES BOUND AND BENEFITED ............................. ............................... 14
28. CONDITION UPON TERMINATION ............................... ............................... 15
29. TENANT'S FAILURE TO REMOVE PERSONAL PROPERTY ...................... 15
30. NO RECORDATION ....................................................... ............................... 15
31.
ATTORNEY'S FEES ....................................................... ...............................
15
32.
NOTICES AND PAYMENTS ........................................... ...............................
16
33.
PARTIAL INVALIDITY .................................................... ...............................
16
34.
GENDER AND NUMBER ................................................ ...............................
16
35.
SECTION HEADINGS .................................................... ...............................
16
36.
INTEGRATION AND MODIFICATION ............................ ...............................
17
37. TIME ............................................................................... ............................... 17
38. INTERPRETATION ......................................................... ............................... 17
39. VENUE ........................................................................... ............................... 17
40. NON - DISCRIMINATION ................................................. ............................... 17
2 000006
LEASE AGREEMENT
THIS LEASE AGREEMENT, (hereinafter "Lease ") is made and entered into as of
this 1st day of March, 2007, by and between the Redevelopment Agency of the City of
Moorpark (hereinafter "Agency "), Lessor, and Moorpark Chamber of Commerce,
(hereinafter "Tenant ") Leasee.
THE PARTIES AGREE THAT:
SECTION 1. PROPERTY LEASED
Agency, in consideration of the rents herein agreed to be paid and of the
indemnifications, covenants, and agreements agreed to herein, hereby leases to
Tenant, and Tenant hereby leases from Agency, that certain real property known
as 18 High Street, Moorpark, California, depicted in Exhibit "A ", "LOT 2 ",
attached hereto and by this reference incorporated herein, together with any and
all improvements thereon (all of which are hereinafter referred to as the
"Premises ").
SECTION 2. TERM
The term of this Lease shall commence on March 1, 2007 and all terms and
conditions of the Lease shall continue through June 30, 2009. Agency's
obligations hereunder shall be contingent upon Tenant's payment in full of any
obligations described in Section 4 below, Tenant's furnishing Agency with the
certificates of insurance described in Section 5 below and Tenant's complying
with all other provisions set forth herein. The Agency may terminate this Lease
Agreement for any reason including the need to vacate the premises for future
development.
SECTION 3. HOLDING OVER
It is further agreed that if Tenant shall retain possession of the Premises beyond
the original term of this Lease or any extension thereof, without the express
written consent of the Agency, Tenant shall continue to be a Tenant from month -
to -month during such holdover period.
Tenant shall be subject to all of the terms, covenants and conditions of this
Lease, including the obligation to pay rent during any such hold -over period, at
the prevailing rate specified in Section 4, (A) hereof, or as may be adjusted
pursuant to this Lease Agreement.
3 00000",
SECTION 4. RENT
Tenant shall pay Agency, without abatement, deduction or offset, rent in the
amount of One Dollar ($1.00) per year ( "Annual Rent ") payable in advance on or
before the first day of February 2007 and thereafter on February 1 of each year
during the term of the Lease.
In consideration for the minimum rent for the premises Tenant shall provide the
following services and in -kind considerations:
A. OFFICE HOURS: Provide and maintain for the duration of the
Agreement open office hours a minimum of 5 days per week, 4
hours per day with regular business hours. In addition, an
answering machine or service to receive messages when the
office is closed.
B. BUSINESS & COMMUNITY GUIDE: Publish a 2007 and
subsequent editions of the Business and Community Guide and
provide for general distribution of 11,000 copies or more of the
directory to City residences and businesses without charge.
Chamber may utilize information from City's business
registration program to augment this effort and shall provide
information to verify data. The City shall have a minimum of
eight (8) pages in this directory to provide City information and
shall have final editorial authority for any content and
photographs on the City's pages of a publication that pertain to
the City, its projects, activities and programs.
C. TOURISM PROMOTION: Promote tourism in Moorpark
including participation in the activities and programs of the
Ventura County Tourism Collaborative and other tourism - related
activities.
D. ACTIVITIES, EVENTS & PROGRAMS: Sponsor the
following activities or events:
1. At least 3 workshops to enhance and promote the retail
business sector of Moorpark. Chamber should note on the
quarterly report those workshops that satisfy this requirement.
2. At least 2 activities that serve to promote the
commercial /industrial sector of Moorpark.
3. Sponsor a major event or series of periodic events to provide
networking and promotional exposure opportunities for all
sectors of business and industry in Moorpark. A "major event" is
defined as a Chamber business networking event and is not to
be combined with the Annual Apricot Festival. (The monthly
Chamber Networking Breakfast would be considered a series of
periodic events).
4 000008
E. CITY CO- SPONSORSHIP: Recognize City co- sponsorship or
support of any of the above events in promotional literature and
other public information. Copies of flyers recognizing the City's
co- sponsorship of events shall be provided to the City.
F. ECONOMIC DEVELOPMENT PROGRAMS: Upon City request,
actively market to Chamber members, all City- sponsored
Economic Development Assistance Programs including
advertisements in Chamber promotional materials, newsletters,
e- mails, fax transmittals and on the Chamber website.
G. ANNUAL INSTALLATION DINNER: Provide at no cost to the
City up to 15 attendees at Annual Installation Dinner.
H. COMMUNITY AWARDS LUNCHEON: Provide at no cost to the
City up to 5 attendees at the Community Awards Luncheon.
BOOTH AT APRICOT FESTIVAL: Provide at no cost to the
City one 30' Booth Space at the Annual Apricot Festival.
J. SEMI - ANNUAL ACTIVITY REPORT: Chamber agrees to
submit a report to City Manager beginning June 30, 2007 and
December 31, 2007 and semi - annually thereafter for the term of
the lease, describing the activities and programs listed above
The report will also include membership information including
the total members on that date, the number of new members,
and the activities the Chamber undertook to increase /maintain
member numbers.
SECTION 5. LIABILITY INSURANCE
Tenant shall procure, and thereafter maintain in full force and effect at Tenant's
sole cost and expense, a public liability insurance policy written with a company
acceptable to the Executive Director of the Agency or a designee and authorized
to do business in the State of California. Such Policy shall be written on an
occurrence basis and shall provide for minimum coverage of Two Million Dollars
($2,000,000) for the bodily injury or death of any person or persons in anyone
occurrence and One Million Dollars ($1,000,000) for loss or damage to any
property in anyone occurrence arising from the use, occupancy, disuse or
condition of the Premises.
The Policy shall contain a provision providing for a comprehensive broad form of
contractual liability, including leases. The Policy shall name Tenant as the
insured and the City of Moorpark ( "City ") and Agency and their officers,
employees, servants and agents as additional insured. The Policy shall also
5 0OD0t1,g
provide that the Agency shall be notified, in writing, at least thirty (30) days prior
to any amendment, cancellation or expiration thereof.
Tenant shall maintain on file with the Secretary of the Agency at all times during
the term of this Lease a current certificate of the insurance required by this
Section. Prior to occupancy of the premises, tenant shall provide Agency with an
endorsement or endorsements, as the case may be, for each insurance policy of
policies required under this contract. Should Tenant fail to timely provide such
endorsement(s) the Agency may suspend the lease, or terminate this lease as it
may, in its sole discretion, consider proper. To the extent feasible, each general
liability insurance policy shall be with insurers possessing a Best's rating of no
less than AM and shall be endorsed with the following specific language:
A. The Agency, its elected or appointed officers, officials,
employees, agents and volunteers are to be covered as
additional insured with respect to liability arising out of this
lease.
B. This policy shall be considered primary insurance as respects
the Agency, its elected or appointed officers, officials,
employees, agents and volunteers. Any insurance maintained
by the Agency, including any self- insured retention the Agency
may have, shall be considered excess insurance only and shall
not contribute with it.
C. This insurance shall act for each insured and additional insured
as though a separate policy has been written for each, except
with respect to the limits of liability of the insuring company.
D. The insurer waives all rights of subrogation against the Agency,
its elected or appointed officers, officials, employees or agents.
E. Any Failure to comply with reporting provisions of the policies
shall not affect coverage provided to the Agency, its elected or
appointed officers, officials, employees or agents or volunteers.
F. The insurance provided by this policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits except
after thirty days written notice has been received by the
Agency.
In the event of amendment or cancellation of the insurance policy for any reason
whatsoever, Tenant shall give notice thereof to Agency within three (3) business
days after it is in receipt of written notice of the amendment or cancellation.
Tenant shall also give Agency thirty (30) days written notice of the expiration of
the insurance policy.
6 000010
SECTION 6. INDEMNIFICATION AND HOLD HARMLESS
Tenant shall indemnify, defend with legal counsel approved by Agency and hold
harmless Agency and its officers, employees, servants, agents, and independent
contractors from and against any and all claims, actions, liabilities, losses,
damages, costs, attorneys' fees and other expense of any nature for loss or
damage whatsoever, including but not limited to damage or loss to property, or
injury to or death of persons, arising in any manner whatsoever, directly or
indirectly, by reason of this Lease or the use or occupancy of the Premises by
Tenant or any of its officers, employees, agents or tenants (collectively "Claim "),
whether the Claim be made during tenancy or thereafter, except such loss,
damage, injury or death caused by the sole and active negligence or sole or
willful misconduct of Agency or any of its officers, employees, servants or agents.
The Agency does not, and shall not, waive any rights that it may have against
Tenant as referenced in Section 5 above, because of the acceptance by the
Agency, or the deposit with the Agency, of any insurance policy of certificate
required pursuant to this agreement. This hold harmless and indemnification
provision shall apply regardless of whether or not said insurance policies are
determined to be applicable to the claim, demand, damage, liability, loss, cost or
expense described above.
SECTION 7. USE
Tenant shall use the Premises for professional office space associated with the
functions of the Chamber of Commerce subject to all applicable governmental
statutes, ordinances, codes, standards, rules and regulations. The Premises
shall not be used for any other purpose, except with the prior written consent of
the Executive Director of the Agency for the particular purpose, which consent
Tenant agrees may be withheld by the Executive Director at his sole and
absolute discretion. Tenant agrees that parking area of Premises shall be
available for public parking on weekends and weekdays after business hours
from time to time unless parking spaces are needed for Chamber use during
these times.
SECTION 8. UTILITIES
Tenant agrees to pay all charges and assessments for or in connection with
water, including water for landscape irrigation, sanitary sewer, electric current,
gas, and telephone or other utilities which may be furnished to or used upon the
Premises by Tenant during this Lease. Agency shall provide refuse disposal
services and landscape maintenance services. It is further agreed that in the
event Tenant shall fail to pay the above mentioned charges when due, Agency
shall have the right to pay the same on demand, together with interest thereon
and any other fees that may be due. The Agency shall be reimbursed by Tenant
for the amount of payment and interest thereon at the maximum rate allowed by
000011.
law with an additional fee in the amount of fifteen percent (15 %) administrative
costs within five (5) days of notice from Agency for any such payment by Agency.
SECTION 9. TAXES, ASSESSMENTS AND LIENS
Pursuant to subsection (b) of Section 107.6 of the Revenue and Taxation Code,
the property interest may be subject to property taxation. Tenant shall pay
directly to the tax collector, if and when due, all taxes and assessments which
may be levied against Tenant's possessory interest in the Premises and upon all
improvements and personal property which are located on the Premises. Within
five (5) days after the date when any tax or assessment would become
delinquent, Tenant shall serve upon Agency receipts or other appropriate
evidence establishing the payment.
Tenant shall keep the Premises and improvements free from all liens and
encumbrances by reason of the use or occupancy of the Premises by Tenant. If
any liens or encumbrances are filed thereon, Tenant shall remove the same at its
own cost and expense and shall pay any judgment and penalties which may be
entered thereon. Should Tenant fail, neglect or refuse to do so, Agency shall
have the rights to pay any amount required to release any lien or encumbrance
or to defend any action brought thereon, and to pay any judgment or penalty, and
Tenant shall be liable to Agency for all costs, damages, and attorneys' fees, and
any amounts expended in defending any proceedings, or in the payment of any
lien, encumbrance, judgment or penalty. Agency may post and maintain upon the
Premises notices of non - responsibility as provided by laws. Upon demand by
Agency, Tenant shall post the bond contemplated by Civil Code Section 3143.
SECTION 10. WAIVER OF RELOCATION ASSISTANCE
Tenant hereby expressly and knowingly waives any and all rights that it may
have as an occupant of the property under the Relocation Assistance Act,
Government Code Section 7260 gt §gg., and the California Community
Redevelopment Law, Health and Safety Code Section 33000 et seg., or under
any similar or successor statutes.
SECTION 11. INSTALLATION BY TENANT
Tenant shall submit plans to the Agency and obtain all necessary permits from
the City to install initial tenant improvements to the Premises including exterior
improvements and signs. Upon approval of plans for initial tenant improvements
by the Community Development Department of the City, said plans shall be
attached to this Lease Agreement as Exhibit "B ". Upon completion of all initial
tenant improvements the Tenant shall not make any alterations, additions, or
improvements upon the Premises without the prior written consent of the
8 000012
Executive Director of the Agency or a designee. Any alterations or additions or
improvements installed or caused to be installed to the building or site, including,
but not limited to any exterior signs, exterior machinery, fencing, window signs, or
other signage, trade fixtures, floor covering, interior or exterior lighting, plumbing
fixtures, shades or awnings, or any other improvements on the Premises
(collectively "Installations ") shall be solely at Tenant's cost and are not
reimbursable by the Agency at any time, including at the time of termination of
the Lease by either the Tenant or Agency. All Installations shall be done in a
good and workmanlike manner and diligently prosecuted to completion, and shall
be performed and maintained in strict accord with all federal, state, county, and
local laws, ordinances, codes, standards, and requirements relating thereto.
Unless otherwise expressly agreed to by the Agency, any Installations shall
remain on and be surrendered with the Premises upon the expiration or
termination of this Lease. Tenant shall pay all costs associated with any and all
Installations in a timely manner, and shall keep the Premises free and clear of all
mechanics liens. Tenant agrees to and shall indemnify, defend and save Agency
free and harmless against all liability, loss, damage, costs, attorneys' fees and
other expenses of any nature resulting from any Tenant alterations, additions or
improvements to the Premises.
SECTION 12. REMEDIES
In case of the failure or refusal of Tenant to comply with and perform each and all
of the terms and covenants on its part herein contained, this Lease and all rights
hereby given shall, at the option of the Agency, cease and terminate, and the
Agency shall have the right forthwith to remove Tenant's personal property from
the Premises at the sole cost, expense and risk of Tenant, which cost and
expense Tenant agrees to pay to Agency upon demand, together with interest
thereon at the maximum rate allowed by law from the date of expenditure by
Agency. Such action shall be proceeded by 30 day written notice in accordance
with Section 2, defining procedures for termination of Lease by Agency,
contained herein.
SECTION 13. MAINTENANCE
Throughout the term of this Lease Tenant shall, at Tenant's sole cost and
expense, maintain the Premises and all Installations, with the exception of the
landscaping and irrigation system thereon, in good order, condition, and repair
and in accordance with all applicable statutes, ordinances, rules and regulations.
Agency shall not be obligated to repair or maintain the Premises or Installations
in any manner throughout the term of the Lease, which repair shall include
vandalism, graffiti or caused by Tenant. Agency may elect to perform any
obligation of Tenant pursuant to this Section if Tenant fails or refuses to do so
and at Tenant's waiver of any rights or remedy for Tenant's default. Agency shall
9 000013
be responsible for the structural integrity of the building, including foundation,
walls, HVAC System, plumbing system, electrical system and roof structure.
Tenant shall reimburse Agency for the cost and expense it incurred in the
performance of Tenant's obligation within fifteen (15) days of Agency's request
for payment. Should Agency perform any of the foregoing, such services shall be
at the sole discretion of Agency, and the performance of such services shall not
be construed as an obligation or warranty by Agency of the future or ongoing
performance of such services.
Tenant shall also indemnify, defend with legal counsel approved by Agency and
hold harmless Agency and its officers, employees, servants and agents from and
against all claims, actions, liabilities, losses, damages, costs, attorneys' fees and
other expenses of any nature for loss or damage to property, or injury to or death
of persons, arising in any manner whatsoever, directly or indirectly, from Tenant's
performance pursuant to this Section. The indemnification, legal defense and
hold harmless provisions of this Section shall survive the termination of the
tenancy.
SECTION 14. PESTICIDES AND HERBICIDES
Tenant shall use pesticides and herbicides on the Premises only in strict
accordance with all applicable statutes, ordinances, rules and regulations.
Tenant shall dispose of all pesticides and herbicides, and any containers,
clothing, equipment and other materials contaminated therefrom in the manner
prescribed by law. Tenant shall indemnify, defend with legal counsel approved by
Agency and hold harmless Agency and its officers, employees, servants and
agents from and against all claims, actions, liabilities, losses, damages, costs,
attorneys' fees and other expenses of any nature resulting from Tenant's use of
pesticides and herbicides anywhere on the Premises. The indemnification, legal
defense and hold harmless provisions of this Section shall survive the
termination of the tenancy and shall relate back to all periods of Tenant's
previous possession of the Premises.
SECTION 15. HAZARDOUS MATERIALS INDEMNITY
Tenant shall indemnify, defend with legal counsel approved by Agency and hold
harmless Agency and its officers, employees, servants and agents from and
against any and all claims, actions, liabilities, losses, damages, costs, attorneys'
fees and other expenses of any nature including, without limitation, (a) all
foreseeable and all unforeseeable consequential damages, directly or indirectly
arising out of the presence, use, generation, storage, release or disposal of
Hazardous Materials on the Premises, or arising out of the presence or use of
any underground tanks presently or hereafter located on the Premises, and (b)
the cost of any required or necessary repair, cleanup, or detoxification, and the
10 000014
preparation of any response, remedial, closure or other required plans, to the full
extent that such action is attributable, directly or indirectly, to the presence, use,
generation, storage, release, or disposal of Hazardous Materials on the
Premises. The Tenant shall not be responsible for Hazardous Materials as set
forth in Section 14 of this Lease.
As used in this Section, and Section 14 of this Lease Agreement, Hazardous
Materials means any substance, product, waste or other material of any nature
whatsoever which is or becomes listed, regulated or addressed pursuant to: (1)
the Comprehensive Environmental Response, Compensation and Liability Act of
1980, 42 U.S.C. Section 9601, et seq.( "CERCLA "); the Hazardous Materials
Transportation Act, 49 U.S.C., Section 1801, et seg.; the Resource Conservation
and Recovery Act, 42 U.S.C., Section 6901 et seq.; the Substances Control Act,
15 U.S.C., Section 2601, et seg.; the Clean Water Act, 33 U.S.C. Section 1251,
et s�Mc..; the California Hazardous Waste Control Act, Health and Safety Code
Section 25100 et seg. the California Hazardous Substance Account Act, Health
and Safety Code Section 25330, et seg.; the California Safe Drinking Water and
Toxic Enforcement Act, Health and Safety Code Section 25249.5 et s, etc..;
California Health and Safety Code Section 25280, et seq. (Underground Storage
of Hazardous Substances); The California Hazardous Waste Management Act,
Health and Safety Code Section 25170.1, et seg.; California Health and Safety
Code Section 25501, et Leg. (Hazardous Materials Response Plans and
Inventory); or the Porter - Cologne Water Quality Control Act, Water Code Section
13000, et seg., all as amended; (2) any other federal or state law or any local law
regulating, relating to, or imposing liability or standards of conduct concerning
any hazardous, toxic or dangerous waste, substance or material, as now is, or at
any time hereafter may be, in effect; and (3) any rule or regulation adopted or
promulgated under or pursuant to any of said laws.
If Tenant receives any notice, whether oral or written, of any inquiry, test,
investigation, enforcement proceeding, environmental audit or the like regarding
any Hazardous Material on the Premises, Tenant shall immediately serve
Agency with a copy of such notice.
The provisions of this Section shall survive the termination of the tenancy and
shall relate back to all periods of Tenant's previous possession of the Premises.
The provisions of this Section are intended to operate as an agreement pursuant
to Section 107(e) of CERCLA, 42 U.S.C. Section 9707(e), and California Health
and Safety Code Section 25364 to insure, protect, hold harmless and indemnify
Agency from any liability pursuant to such law. The Tenant shall not be
responsible for any conditions as stated above that existed prior to occupancy.
Tenant shall be responsible for any addition, increase or expansion of such
conditions.
11 000015
SECTION 16. NO WARRANTIES BY AGENCY
The Premises are accepted by Tenant in an "as is" condition and without any
representation or warranty by Agency as to the condition of the Premises or as to
fitness of the Premises for Tenant's Use. Absence of markers does not constitute
a warranty by Agency of no subsurface installations.
SECTION 17. CASUALTY INSURANCE
Agency shall not be obligated to keep the Premises and the Installations thereon
insured against any insurable risk, nor shall Agency insure Tenant for any
personal injury or property damage. Tenant hereby and forever waives all rights
to claim or recover damages from Agency in any amount as the result of any
damage to the Premises or any Installation thereon or as a result of any injury to
any person upon the Premises.
SECTION 18. GOVERNING LAW
Tenant agrees that in the exercise of its rights under this Lease, Tenant shall
comply with all applicable federal, state, county and local laws and regulations in
connection with its use of the Premises. The existence, validity, construction,
operation and effect of this Lease and all of its terms and provisions shall be
determined in accordance with the laws of the State of California.
SECTION 19. ENTRY BY AGENCY
During the tenancy, Agency may enter upon the Premises: (1) at any time in
case of emergency to examine the condition thereof and for the purpose of
undertaking such remedial action as Agency, at its sole and absolute discretion,
deems appropriate, and (2) at all reasonable times during normal business hours
to examine the condition thereof, including its environmental condition, and for
the purpose of undertaking such maintenance and repairs as Agency elects to
make pursuant to Section 13 above.
SECTION 20. ASSIGNMENT OR SUBLETTING
No portion of the Premises or of Tenant's interest in this Lease shall be
transferred by way of assignment or other voluntary or involuntary transfer or
encumbrance. No portion of the Premises or of Tenant's interest in this Lease
shall be transferred by way of sublease without the prior written consent of the
Executive Director of Agency or a designee, which consent Tenant agrees may
be withheld by the Executive Director at his sole and absolute discretion.
Sublease shall be limited to those uses directly related to business promotion,
12 000016
economic development and historic preservation of Moorpark. Any sublease
without consent shall be void, and shall, at the option of the Agency, terminate
this Lease.
SECTION 21. DEFAULT OR BREACH
Except as otherwise provided, at any time one party to this Lease is in default or
breach in the performance of any of the terms and conditions of this Lease, the
other party shall give written notice to remedy such default or breach. If the
default or breach is remedied within 30 days following such notice, then this
Lease shall continue in full force and effect. If such default or breach is not
remedied within 30 days following such notice or if the nature of the default is
such that it cannot reasonably be cured within 30 days, if one party fails to
commence to cure within the 30 day period, the other party may, at its option,
terminate this Lease. Such termination shall not be considered a waiver of
damages or other remedies available to either party because of such default or
breach. Each term and condition of this Lease shall be deemed to be both a
covenant and a condition.
SECTION 22. INSOLVENCY OR BANKRUPTCY
If Tenant shall be adjudged bankrupt or insolvent, this Lease shall thereupon
immediately terminate and the same shall not be assignable by any process of
law, or be treated as an asset of the Tenant under such adjudication, nor shall it
pass under the control of any trustee or assignee by virtue of any process in
bankruptcy or insolvency, or by execution or assignment for the benefit of
creditors. If any such event occurs, this Lease shall immediately become null and
void and of no effect, and Agency may thereupon repossess said Premises and
all rights of the Tenant thereupon shall cease and terminate.
SECTION 23. DISPOSSESSION
In the event Tenant is lawfully deprived of the possession of the Premises or any
part thereof, at any time during the tenancy, by anyone other than Agency, it
shall notify Agency in writing, setting forth in full the circumstances in relation
thereto. Upon receipt of said notice, Agency may, at its option, either install
Tenant in possession of the Premises or terminate the tenancy and refund to
Tenant the pro rata amount of any pre -paid rent. No claim for damages of
whatsoever kind or character incurred by Tenant by reason of such
dispossession shall be chargeable against Agency.
13 000017
SECTION 24. CONDEMNATION
If the whole of the Premises should be taken by a public authority under the
power of eminent domain, then the term of this Lease shall cease on the day of
possession by the public authority. If only a part of the Premises should be taken
under eminent domain, Tenant shall have the right to either terminate this Lease
or to continue in possession of the remainder of the Premises. If Tenant remains
in possession, all of the terms hereof shall continue in effect, the rental payable
being reduced proportionately for the balance of the Lease term. If a taking under
the power of eminent domain occurs, those payments attributable to the
leasehold interest of the Tenant shall belong to the Tenant, and those payments
attributable to the reversionary interest of the Agency shall belong to the Agency.
SECTION 25. WAIVER
A waiver by either party of any default or breach by the other party of any
provision of this Lease shall not constitute or be deemed to be a waiver of any
subsequent or other default or breach. No waiver shall be binding, unless
executed in writing by the party making the waiver. No waiver, benefit, privilege,
or service voluntarily given or performed by either party shall give the other party
any contractual right by custom, estoppel, or otherwise. The subsequent
acceptance of rent pursuant to the Lease shall not constitute a waiver of any
preceding default or breach by Tenant other than default in the payment of the
particular rental payment so accepted, regardless of Agency's knowledge of the
preceding default or breach at the time of accepting the rent; nor shall
acceptance of rent or any other payment after termination of the tenancy
constitute a reinstatement, extension, or renewal of the Lease or revocation of
any notice or other act by Agency.
SECTION 26. ACQUIESCENCE
No acquiescence, failure or neglect of any party hereto to insist on strict
performance of any or all of the terms hereof in one instance shall be considered
or constitute a waiver of the rights to insist upon strict performance of the terms
hereof in any subsequent instance.
SECTION 27. PARTIES BOUND AND BENEFITED
The covenants and conditions herein contained shall apply to and bind the heirs,
successors, executors, administrators, and assigns of all the parties hereto, and
all of the parties hereto shall be jointly and severally liable hereunder.
14 000018
SECTION 28. CONDITION UPON TERMINATION
Upon termination of the tenancy, Tenant shall surrender the Premises to Agency
including all Installations contained in Exhibit "B ", broom clean and in the same
condition as received, except for ordinary wear and tear which Tenant was
otherwise obligated to remedy under Section 12 above. Any Installations, which
Tenant installs during occupancy in accordance with Section 11 of this Lease
shall become the possession of the Agency. Tenant shall repair at Tenant's
expense any damage to the Premises caused by the Tenant.
Any installations, improvements, or additions to the Premises prior to the
execution of this Lease shall be deemed as part of the Premises and shall be the
possession of the Agency.
SECTION 29. TENANT'S FAILURE TO REMOVE PERSONAL PROPERTY
Upon termination of the tenancy, Agency may reenter and retake possession of
the Premises and store Tenant's personal property for a period of thirty (30) days
at Tenant's cost and expense. If Tenant fails to pick up said personal property
and pay said cost and expenses during said 30 day period, Agency may dispose
of any or all of such personal property in any manner that Agency, in its sole and
absolute discretion, deems appropriate.
If any of Tenant's personal property remains on the Premises after the
termination of the tenancy, Agency may use, dispose of, or sell any of said
property, in its sole and absolute discretion, without compensating Tenant for the
same and without the Agency having any liability whatsoever therefore.
SECTION 30. NO RECORDATION
Neither this Lease Agreement nor a memorandum thereof shall be recorded by
Tenant.
SECTION 31. ATTORNEY'S FEES
In the event any action, suit or proceeding is brought for the enforcement of, or
the declaration of, any right or obligation pursuant to this Lease or as a result of
any alleged breach of any provision of this Lease, or for an unlawful detainer
action, the prevailing party shall be entitled to recover its costs and expenses,
including reasonable attorneys' fees, from the losing party, and any judgment or
decree rendered in such a proceeding shall include an award thereof.
15 000019
SECTION 32. NOTICES AND PAYMENTS
All notices required under this Lease, including notices of change of address,
shall be in writing, and all notices and payments shall be addressed as follows:
Agency: Redevelopment Agency of the City of Moorpark
799 Moorpark Avenue
Moorpark, California 93021
Attn: Executive Director
Tenant: Moorpark Chamber of Commerce
18 High Street Moorpark, California 93021
Attn: Lisa Masotti, President & CEO
Either party may, from time to time, by written notice to the other, designate a
different address, which shall be substituted for the one specified above. Except
as otherwise provided by statute notice shall be deemed served and received
upon receipt by personal delivery or upon the second (2nd) day after deposit in
the United States mail, certified or registered, return receipt requested, with
postage prepaid.
SECTION 33. PARTIAL INVALIDITY
If any provision of this Lease is found by a court of competent jurisdiction to be
invalid, void or unenforceable, the remainder of this Lease shall nonetheless
remain in full force and effect to the full extent allowed by law.
SECTION 34. GENDER AND NUMBER
For the purpose of this Lease wherever the masculine or neuter form is used, the
same shall include the masculine or feminine, and the singular number shall
include the plural and the plural number shall include the singular, wherever the
context so requires
SECTION 35. SECTION HEADINGS
Section headings in this Lease Agreement are for convenience only, and they
are not intended to be used in interpreting or construing the terms, covenants
and conditions of this Lease.
16
000020
SECTION 36. INTEGRATION AND MODIFICATION
This Lease constitutes the entire agreement of the parties concerning the subject
matter hereof and all prior agreements and understandings, oral or written, are
hereby merged herein.
This Lease may not be modified or amended except: (1) in a writing signed by all
of the parties hereto; or (2) upon expiration of thirty (30) days service in
accordance with Civil. Code Section 1946, or any successor statute in effect on
the date the written notice is served by Agency on Tenant of a written notice
setting forth the modification or amendment.
The parties agree that no estoppel argument can be raised during legal
proceedings in order to avoid the provisions of this Section.
SECTION 37. TIME
Time is of the essence of this Lease.
SECTION 38. INTERPRETATION
Should interpretation of this Lease, or any portion thereof, be necessary, it is
deemed that the Lease was prepared by the parties jointly and equally, and the
Lease shall not be interpreted against either party on the ground that the party
prepared it or caused it to be prepared.
SECTION 39. VENUE
This Lease is made, entered into, and executed in Ventura County, California,
and any action filed in any court for the interpretation, enforcement or other
action arising from any term, covenant or condition herein shall be filed in the
applicable court in Ventura County, California.
SECTION 40. NON - DISCRIMINATION
In accordance with Section 33435 of the California Community Redevelopment
Law, the Tenant shall not discriminate against any person or class of persons by
reason of race, color, creed, national origin, religion, age or sex or for any other
reason prohibited by law.
17 000021
IN WITNESS WHEREOF, the parties have caused this Lease to be executed by their
duly authorized representatives as of the date first written above.
TENANT:
By:
LESSOR:
Date:
CEO, Moorpark Chamber of Commerce
Redevelopment Agency of the City of Moorpark
in
ATTEST:
am
Date:
Steven Kueny, Executive Director
Date:
Deborah S. Traffenstedt, Agency Secretary
18 000022
EXHIBIT "A"
HIGH STREET LEASE
I. Lease Area
A. Area shown as (Building 1
Lot 2) on attached map.
1. Building Area:
2. Lot Area:
3. Use:
4. Access:
5. Improvements:
(Page 2 of 2)
1,500 sq. ft.
15,000 ±
Office Professional
Via High Street and
Moorpark Avenue.
Lease area may be subject
to encroachment for City
of Moorpark street
improvements.
000023
EXHIBIT B
Tenant Installation Plans (Tenant Improvements)
To be attached and included after approval by the
City of Moorpark, Building and Safety Division
00004
ITEM
S.A.
CQgQ/i-�WZ� -_ -___ -LUTES OF THE REDEVELOPMENT AGENCY
'Moorpark,-CaWomia -. - December 6, 2006
A Special Meeting of the Redevelopment Agency of the City of Moorpark was held on
December 6, 2006, 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 6:36 p.m.
2. ROLL CALL:
Present: Agency Members Harper, Mikos, Millhouse, Parvin, and
Chair Hunter.
Staff Present: Steven Kueny, Executive Director; Joseph Montes, General
Counsel; Hugh Riley, Assistant Executive Director; Mary
Lindley, Parks /Recreation and Community Services Director;
Barry Hogan, Community Development Director; Yugal Lall,
City Engineer /Public Works Director; and Deborah
Traffenstedt, Agency Secretary.
3. PUBLIC COMMENT:
None.
4. PRESENTATION /ACTION /DISCUSSION:
A. Consider Directing Citv Clerk Acceptance of "Mission Bell West Deed of
Trust" and the "Mission Bell East Deed of Trust" in Place of the Existinq
Mission Bell West Parcel 7 Deed of Trust. Staff Recommendation: Direct
the City Clerk to record a Certificate of Acceptance for the two Deeds of
Trust.
Mr. Montes gave the staff report.
In response to Chair Hunter, Ms. Traffenstedt stated there were no
speakers.
MOTION: Agency Member Mikos moved and Agency Member Parvin seconded
a motion to direct the City Clerk to record a Certificate of Acceptance two Deeds
of Trust one each from Mission Bell West and Mission Bell East to replace the
existing Mission Bell West Parcel 7 Deed of Trust. The motion carried by
unanimous voice vote.
000025
Minutes of the Redevelopment Agency
Moorpark, California Page 2 December 6, 2006
5. CLOSED SESSION:
None was held.
6. ADJOURNMENT:
Chair Hunter adjourned the meeting at 6:38 p.m.
Patrick Hunter, Chair
ATTEST:
Deborah S. Traffenstedt
Agency Secretary
000026
M 5 • B•
^1NUTES OF THE REDEVELOPMENT AGENCY
Moorpark, California_ December 6, 2006
A Regular Meeting of the Redevelopment Agency of the City of Moorpark was held on
December 6, 2006, 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 8:53p.m.
2. ROLL CALL:
Present: Agency Members Mikos, Millhouse, Parvin, Vam Dam, 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. PRESENTATION /ACTION /DISCUSSION:
A. Consider Resolution Amending the Fiscal Year 2006/07 Budget for the
Required Agency Contribution for Costs of Issuance of the 2006 Tax
Allocation Bonds. Staff Recommendation: 1) Recess Agency meeting
and reconvene concurrently with City Council public hearing Item 8.A; and
2) If City Council approves the Resolution relative to the public hearing,
then staff recommends the Agency Board approve Resolution No. 2006-
amending the Fiscal Year 2006/07 budget for the required Agency
contribution. ROLL CALL VOTE REQUIRED
AT THIS POINT in the meeting, Item 4.A. was deferred to be heard concurrently with
Item 8.A. on the City Council meeting agenda. The Agency continued on with Item 5.
on the agenda. The time was 8:54 p.m.
5. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED)
MOTION: Agency Member Mikos moved and Agency Member Parvin seconded a
motion to approve the Consent Calendar. The motion carried by unanimous roll call
vote.
A. Consider Approval of Minutes of Special Meeting of November 1 2006.
Staff Recommendation: Approve the minutes.
00002'-
Minutes of the Redevelopment Agency
Moorpark, California Page 2 December 6 2006
B. Consider Approval of Minutes of Regular Meeting of November 1 2006.
Staff Recommendation: Approve the minutes.
C. Consider Approval of Minutes of Special Meeting of November 15 2006.
Staff Recommendation: Approve the minutes.
AT THIS POINT the Agency meeting reconvened to hear Item 4.A. concurrently with
Council agenda Item 8.A. The time was 9:35 p.m.
A. Consider Resolution Amending the Fiscal Year 2006/07 Budget for the
Required Agency Contribution for Costs of Issuance of the 2006 Tax
Allocation Bonds. Staff Recommendation: 1) Recess Agency meeting
and reconvene concurrently with City Council public hearing Item 8.A; and
2) If City Council approves the Resolution relative to the public hearing,
then staff recommends the Agency Board approve Resolution No. 2006-
171, amending the Fiscal Year 2006/07 budget for the required Agency
contribution. ROLL CALL VOTE REQUIRED
Mr. Riley gave the staff report.
In response to Chair Hunter, Ms. Traffenstedt stated there were no
speakers.
MOTION: Agency Member Millhouse moved and Agency Member Parvin
seconded a motion to approve Resolution No. 2006 -171, amending the Fiscal
Year 2006/07 budget by appropriating $86,000 from the MRA Area 1 —
Operations Fund for the Agency's equity contribution to the 2006 Tax Allocation
Bonds.. The motion carried by unanimous roll call vote.
6. CLOSED SESSION:
None was held.
7. ADJOURNMENT:
Chair Hunter adjourned the meeting at 9:43 p.m.
Patrick Hunter, Chair
ATTEST:
Deborah S. Traffenstedt, Agency Secretary
ITEM 5- C-
1-17-4007
-MINUTES OF THE REDEVELOPMENT AGENCY
Moorpark, California
December 20, 2006
A Special Meeting of the Redevelopment Agency of the City of Moorpark was held on
December 20, 2006, 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 6:50 p.m.
2. ROLL CALL:
Present: Agency Members Mikos, Millhouse, Parvin, Van Dam, and
Chair Hunter.
Staff Present: Steven Kueny, Executive Director; Hugh Riley, Assistant
Executive Director; David Moe, Redevelopment Manager;
and Deborah Traffenstedt, Agency Secretary.
3. PUBLIC COMMENT:
None.
4. CLOSED SESSION:
Mr. Kueny requested the Agency go into closed session for discussion of Item
5.C. on the agenda.
MOTION: Agency Member Mikos moved and Agency Member Parvin seconded a
motion to go into closed session for discussion of Item 5.C. on the agenda. The motion
carried by unanimous voice vote.
C. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Pursuant to Government Code Section 54956.8)
Property: 250 East Los Angeles Avenue (APN 506 -0- 020 -130)
Agency Negotiator: Moorpark Redevelopment Agency- Steven Kueny,
Executive Director
Negotiating Parties: Steven A. Valenza
Under Negotiation: Price and terms of payment
Present in closed session were Agency Members, Mikos, Millhouse, Parvin, Van
Dam, and Mayor Hunter; Steven Kueny, Executive Director; Hugh ' Riley,
Assistant Executive Director; David Moe, Redevelopment Manager; and Deborah
Traffenstedt, Agency Secretary.
Minutes of the Redevelopment Agency
Moorpark, California Page 2 December 20 2006
The Agency reconvened into open session at 6:57 p.m. Mr. Kueny stated that
Item 5.C. was discussed and there was no action to report.
5. ADJOURNMENT:
Chair Hunter adjourned the meeting at 6:57 p.m.
Patrick Hunter, Chair
ATTEST:
Deborah S. Traffenstedt
Agency Secretary
0 QD 0au 0
MOORPARK REDEVELOPMENT AGENCY
AGENDA REPORT
To: Honorable Agency Board of Directors_
From: David C. Moe II, Redevelopment Manager ay
Date: January 4, 2007 (Agency Meeting of 1117/07)
Subject: Consider Approving Relocation Plan for 765 Walnut Street
BACKGROUND
The Redevelopment Agency of the City of Moorpark ( "Agency ") recently acquired
765 Walnut Street. This site will be aggregated with two other Agency owned
properties to produce a one acre parcel for the development of a 20 -25 unit
affordable ownership housing project ( "Project ").
DISCUSSION
The property located at 765 Walnut Street is improved with one, three bedroom
single family dwelling and occupied by a very low income household. In order to
move forward with the Project, the household will need to be permanently
relocated. The proposed displacement triggers relocation assistance obligations
under State Relocation Law, California Government Code Section 7260 et seq.
and the State Relocation Guidelines, California Code of Regulations, Title 25,
Chapter 6 et seq.
Whenever all or any portion of a redevelopment project is developed with low or
moderate income housing units and whenever any low or moderate - income
housing units are developed with any agency assistance or pursuant to Section
33413, the agency shall require by contract or other appropriate means that such
housing be made available for rent or purchase to the persons and families of
low or moderate income displaced by the redevelopment project. Therefore, the
household occupying the dwelling at 765 Walnut Street shall be given priority in
buying (or renting if it's a rental project) a comparable unit in the Project.
Among the various obligations of the State Relocation Law is the requirement to
prepare a relocation plan addressing the circumstances and needs of those
persons potentially displaced by the Project. Attachment I is the Relocation Plan
( "Plan ") that has been prepared by Overland, Pacific & Cutler (OPC) in
accordance with the specific requirements set out in Section 6038 of the State
Relocation Guidelines concerning projects that involve the displacement of less
0000.31
than 15 households. This Plan provides the Project description, the results of a
needs assessment survey conducted among residents, a housing resource study
and details of the Agency's proposed relocation program. No displacement
activities will take place prior to the required reviews and approval of this Plan.
On December 21, 2006, Agency Staff consulted with the Project Area Committee
(PAC) regarding the proposed relocation outlined in the Plan. The PAC reviewed
the Plan and concluded that the tenant occupying 765 Walnut Street is being
treated fairly by the Agency.
It is estimated that the relocation process should be completed by March 2007.
The total cost of permanently relocating the tenant is anticipated to be $7,675,
which includes a 10% contingency.
RECOMMENDATION
Adopt Relocation Plan for 765 Walnut Street.
Attachment L Relocation Plan
000032
ATTACHMENT I
RELOCATION PLAN
FOR THE
AFFORDABLE HOUSING PROJECT
PREPARED FOR
CITY OF MOORPARK REDEVELOPMENT AGENCY
BY
OVERLAND, PACIFIC & CUTLER, INC.
100 W. BROADWAY, SUITE 500
LONG BEACH, CA 90802
PHONE: (800) 400 -7356
NOVEMBER 16, 2006
000033
TABLE
w su.
INTRODUCTION............................... ..............................1
A.
PROJECT LOCATION .................... ..............................1
B.
ASSESSMENT OF NEEDS ................ ............................... 2
C.
REPLACEMENT HOUSING RESOURCES ... ............................... 2
D.
CONCURRENT RESIDENTIAL DISPLACEMENT ........................... 3
E.
TEMPORARY HOUSING ................. ............................... 3
F.
PROGRAM ASSURANCES AND STANDARDS ............................. 3
G.
RELOCATION ASSISTANCE PROGRAM ... ............................... 4
H.
CITIZEN PARTICIPATION /PLAN REVIEW .. ............................... 5
I.
RELOCATION BENEFIT CATEGORIES ..... ............................... 5
J.
PAYMENT OF RELOCATION BENEFITS ... ............................... 6
K.
EVICTION POLICY ....................... ..............................7
L.
APPEALS POLICY ........................ ..............................7
M.
PROJECTED DATES OF DISPLACEMENT .. ............................... 7
N.
ESTIMATED RELOCATION COSTS ........ ............................... 7
TABLE OF ATTACHMENTS
000034
INTRODUCTION
The Redevelopment Agency of the City of Moorpark (the Displacing Agency or Agency)
has acquired a 15,000 square foot parcel improved with one single family dwelling unit.
This parcel will be combined with two other Agency -owned parcels to create an one -acre
site for an affordable housing development. To effectuate the development the Agency
must permanently relocate one residential household. The household currently occupies
a three bedroom unit. The proposed displacement triggers relocation assistance
obligations under State Relocation Law, California Government Code Section 7260 et seq.
(the Law) and the State Relocation Guidelines, California Code of Regulations, Title 25,
Chapter 6 et seq. (the Guidelines). Among the various obligations of the Law is the
requirement to prepare a relocation plan addressing the circumstances and needs of those
persons potentially displaced by the Project.
The following Relocation Plan (the Plan) has been prepared by Overland, Pacific & Cutler
(OPC) in accordance with the specific requirements set out in Section 6038 of the
Guidelines concerning projects that involve the displacement of less than 15 households.
This Plan provides the Project description, the results of a needs assessment survey
conducted among residents, a housing resource study and details of the Agency's
proposed relocation program. No displacement activities will take place priorto the required
reviews and approval of this Plan.
A. PROJECT LOCATION
The proposed Project will take place in the City of Moorpark (the City) which is located in
the southeastern portion of the Ventura County, approximately 40 miles west of downtown
Los Angeles. Moorpark is easily accessible from State Routes 23 and 118 and neighbors
communities of Simi Valley, Thousand Oaks, Camarillo, Somis, Santa Paula, and Fillmore.
(See Attachment 1, Figure 1).
The specific Project site is located just west of the SR -118 Ronald Reagan Freeway, at the
southwestern corner of Walnut Street and Everett Street. General boundaries of the
Project are Everett Street to the north, Walnut Street to the east, Moorpark Avenue to the
west and Charles Street to the south (See Attachment 1, Figure 2).
Overland, Pacific & Cutler, Inc. Page I
000035
Relocation Plan - Affordable Housing Project, Moorpark, California
B. ASSESSMENT OF NEEDS
Survey information for the Plan was obtained from individual, on -site interview conducted
in October 2006 with the affected residential household.
A five member household occupies a three - bedroom single family dwelling of
approximately 1,000 square feet. The tenants took occupancy of the house in January
1998 and are paying $1,500 monthly in rent with the assistance of the County of Ventura
Housing Authority's Section 8 Program. The household reports their ethnicity as Hispanic,
and English as primary language.
According to income standards for the County of Ventura adjusted for family size as
published by the United States Department of Housing and Urban Development (HUD) in
March 2006, the Project household qualifies as very low income (31%-50% of area
median). The household is not considered senior household (head of household or spouse
62 years or older) and has no reported physical disabilities that could affect the relocation
process. The household applied for a lottery to purchase a low income unit through the City
of Moorpark and would prefer to not relocate twice, if they qualify for the purchase.
Prevailing HUD income standards as well as general demographic information for the City
are presented in Attachments 2 and 3.
C. REPLACEMENT HOUSING RESOURCES
A housing resource survey was conducted in October and November 2006 to determine
the availability of replacement housing within the County of Ventura Housing Authority's
jurisdiction. Only three - bedroom single family residences whose landlords indicated their
willingness to participate in the Section 8 Program were considered as appropriate
replacement dwelling units.
Housing availability survey results are summarized below in Table 1. The data indicate
sufficient availability of needed housing units.
Overland, Pacific & Cutler, Inc. Page 2
000036
Relocation Plan - Affordable Housing Project, Moorpark, California
TABLE 1: Replacement Rental Section 8 Housing Resources
Bdrm Size
Found (Needed)
Range
Median
3
30(l)
$1,400 - $2,500
$1,850
D. CONCURRENT RESIDENTIAL DISPLACEMENT
There are 3 units on Moorpark Avenue that are being removed due to code compliance
violations. There are no other known projects involving residential displacements currently
underway in the City of Moorpark; therefore, no conflicts for competing housing resources
are expected.
E. TEMPORARY HOUSING
There is no anticipated need for temporary housing. Should such a need arise, the
displacing entity will respond appropriately and in conformance with all applicable laws and
requirements.
F. PROGRAM ASSURANCES AND STANDARDS
There are adequate funds available to relocate this one household. Services will be
provided to ensure that displacement does not result in different or separate treatment
based on race, nationality, color, religion, national origin, sex, marital status, familial status,
disability or any other basis protected by the federal Fair Housing Amendments Act, the
Americans with Disabilities Act, Title VI of the Civil Rights Act of 1964, Title VII of the Civil
Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, the California Fair Employment
& Housing Act, and the Unruh Act, as well as any other arbitrary or unlawful discrimination.
No one will be displaced without a 90 days notice and unless "comparable" replacement
housing can be located. "Comparable" housing includes standards such as: decent, safe,
Overland, Pacific & Cutler, Inc. Page 3
000037
Relocation Plan - Affordable Housing Project, Moorpark, California
and sanitary (as defined in § 6008(d) of the Guidelines); comparable as to the number of
bedrooms, living space, and type and quality of construction of the acquired unit but not
lesser in rooms or living space than necessary to accommodate the displaced household;
in an area that does not have unreasonable environmental conditions; not generally less
desirable than the acquired unit with respect to location to schools, employment, health
and medical facilities, and other public and commercial facilities and services; and within
the financial means of the displaced household as defined in section 6008, subdivision
(c)(5) of the Guidelines. The relocation program to be implemented by the displacing entity
conforms with the standards and provisions set forth in Government Code section 7260
et seq., the Guidelines, California Health and Safety Code section 33410 et seq., if
applicable, and all other applicable regulations and requirements.
G. RELOCATION ASSISTANCE PROGRAM
A relocation representative from Overland, Pacific & Cutler, Inc. is available to assist the
displaced household having questions in regard to relocation and /or assistance in
relocating. Staff may be contacted by calling (800) 400 -7356 during the hours of 8:00 a.m.
to 5:00 p.m., Monday through Friday. The relocation offices are located at:
Overland, Pacific & Cutler, Inc.
100 W. Broadway, Suite 500
Long Beach, CA 90802
A comprehensive relocation assistance program, with technical and advisory assistance,
will be provided to the household or households being displaced and close contact will be
maintained throughout the relocation process. Specific activities will include:
1. Distribution of informational brochure (see Attachment 4);
2. Timely referrals to at least three comparable replacement units as defined
above and, if necessary, transportation will be provided to inspect potential
replacement units;
Overland, Pacific & Cutler, Inc. Page 4
000038
Relocation Plan - Affordable Housing Project, Moorpark California
3. Assistance with completion and filing of relocation claims, rental applications,
and appeals forms, if necessary.
H. CITIZEN PARTICIPATION /PLAN REVIEW
This Plan will be provided to the household and will be made available to the public for the
mandatory 30 day review period. Comments to this Plan will be included as a Plan
addendum (see Attachment 6) prior to submission for approval before the City Council.
A copy of the approved Plan will be forwarded to the California Department of Housing and
Community Development (HCD).
I. RELOCATION BENEFIT CATEGORIES
Relocation benefits will be provided in accordance with the Law, the Guidelines, and all
other applicable regulations and requirements. Benefits will be paid upon submission of
required claim forms and documentation in accordance with approved procedures. The
displacing Agency will provide appropriate benefits for the displaced household as required
by the law.
Residential Moving Expense Pavments
The subject household or households will be eligible to receive a payment for
moving expenses. Payments will be made based upon either a fixed room count
schedule or an invoice for actual reasonable moving expenses from a licensed
professional mover.
1) Fixed Payment - A fixed payment for moving expenses based on the number
of rooms containing furniture or other personal property to be moved. The
fixed moving payment will be based upon the most recent Federal Highway
Administration schedules maintained by the California Department of
Transportation (see Fixed Payment Moving Schedule — Attachment 5).
Overland, Pacific & Cutler, Inc. Page 5
000039
Relocation Plan - Affordable Housing Project, Moorpark, California
OR
2) Actual Reasonable Moving Expense Payments - The displaced household
may elect to have a licensed, professional mover perform the move; if so, the
displacing entity will pay for the actual cost of the move up to 50 miles and
all reasonable charges for packing, unpacking, insurance, and utility
connection charges. The payment will be made directly to the mover or as
reimbursement to the displaced household.
Assistance to Recipients of Section 8 Housing Assistance
Households currently receiving assistance through the Section 8 Housing program
will be provided referrals to available rental units whose owners have indicated a
willingness to participate in the program. As long as there are available replacement
units, Section 8 recipients will not qualify for cash rental assistance payments.
Assistance will be provided, as appropriate, with one time security deposits and
credit check fees. Section 8 recipients are also entitled to a payment for physical
moving expenses on the same basis as market -rate tenants.
J. PAYMENT OF RELOCATION BENEFITS
Relocation benefit payments will be made expeditiously. Claims and supporting
documentation for relocation benefits must be filed with the displacing entity within 18
months from: (i) the date the claimant moves from the acquired property; - or - (ii) the date
on which final payment for the acquisition of real property is made, whichever is later. The
Agency representative will inform and assist the displacee with obtaining the necessary
documentation and will assist with the claim preparation.
No household will be displaced until "comparable" housing is located as defined above and
in section 6008, subdivisions (c) and (d) of the Guidelines. Relocation staff will inspect any
replacement units to which referrals are made to verify that they meet all the standards of
decent, safe, and sanitary as defined in section 6008, subdivision (d) of the Guidelines.
Overland, Pacific & Cutler, Inc. Page 6
000040
Relocation Plan - Affordable Housing Project, Moorpark, California
However, no household will be denied benefits if it chooses to move to a replacement unit
which does not meet the standards of decent, safe, and sanitary housing.
K. EVICTION POLICY
This displacing Agency recognizes that eviction is permissible only as a last resort and that
relocation records must be documented to reflect the specific circumstances surrounding
any eviction. Eviction will only take place in cases of nonpayment of rent, serious violation
of the rental agreement, a dangerous or illegal act in the unit, or if the household refuses
all reasonable offers to move. Eviction will not affect the eligibility of a person legally
entitled to relocation benefits.
L. APPEALS POLICY
The appeals policy will follow the standards described in section 6150 et seq. of the
Guidelines. Briefly stated, the displaced household will have the right to ask for review
when there is a complaint regarding any of their rights to relocation and relocation
assistance, such as a determination as to eligibility, the amount of payment, or the failure
to provide a comparable replacement housing referral.
M. PROJECTED DATES OF DISPLACEMENT
The household will receive a 90 day notice to vacate before they are required to move.
These notices are expected to be issued by the end December 2006.
N. ESTIMATED RELOCATION COSTS
Any and all required financial assistance will be provided. The budget estimate, including
a 10% contingency for this Project, based upon one potentially displaced household, is:
$7,675
Overland, Pacific & Cutler, Inc. ' Page 7
TABLE OF ATTACHMENTS
Attachment 1: Project Maps
Attachment 2: HUD Income Category Limits for Ventura County - 2006
Attachment 3: Demographic Information
Attachment 4: Informational Brochure to be given to Displaced Households
Attachment 5: Fixed Payment Moving Schedule
Attachment 6: Public Comments and Response
000042
ATTACHMENT 1
PROJECT SITE MAPS
8Rb ..
�
QD
".. .y,, La Crestarta
�O
:.
pO.d.
34
�
ftDacoe BM{; "4
L° Cru4 FIYMrla0.s°
q e
thousand Oaks n
4Burb t '•
Pat
r,
a
- - - WioYs Rd
var
QD
w N
Nyaf _r rAr yye'.
Sant.w.— peuMaaio Nafisotw Ren W—Armr L: Q S
F N G
E E c °ib�lMroOd A s�M.d
Ev. ati Ski
°ieaarylYS ro,•
Loa AngeleBr
of
Sark
MWN°
Yew.. Part
'.::•.yYA,.
st". Are Mrywopd°
�s
�
3 R
E. High St m.
v_
Pmntlexter qty
..
m'
osollCorp andfords suppliem All nhls Teserretl
e,
Map 1: Regional Project Location
Map 2: Project Site Location
000043
QD
cg
CaseY. Rd. -
- - - WioYs Rd
QD
Ev. ati Ski
r
rn
euna,9 nL 2
Charles yY....
4r
�s
�
3 R
E. High St m.
v_
Pmntlexter qty
..
m'
1st. St Dorothy: Are
A
Diebb.A.
Ruth At%
rn
v
m
C 2.d St
m
u R
Y
p F
Flinn: PO°
v m z
o �3id St m: Sarah Are
a Q' :
" -Wssen Ara ° Susan Are...
.<:
r
1
g
m. .Robed. Ave.
- m
° m
Esther Are
A
m
�Vpri qht ®iBS Mp aCUD a tl [. Dp14 ^All ohl' T5 d
She-an Are
'
..
aas
Map 2: Project Site Location
000043
ATTACHMENT 2
HUD ANNUAL MEDIAN INCOME LIMITATIONS -
VENTURA COUNTY
The following figures are approved by the U. S. Department of Housing and Urban
Development (H.U.D.) for use in the County of Ventura to define and determine housing
eligibility by income level.
Area Median: $78,500'
Family Size
Extremely-
Very. Low
Low':
Median
Moderate. .
Low
Income
Income
.' Income
Income
Income
1 Person
16,950
28,200
45,150
55,700
66,800
2 Person
19,350
32,250
51,600
63,600
76,300
3 Person
21,800
36,250
58,050
71,600
85,900
4 Person
24,200
40,300
64,500
79,500
95,400
5 Person
26,150
43,500
69,650
85,900
103,000
6 Person
28,050
46,750
74,800
92,200
110,700
7 Person 1
30,000 1
49,950
79,950
98,600
118,300
8 Person
T 31,950 1
53,200
85,100
104,900
125,900
Figures are per the Department of Housing and Community Development (California),
Division of Housing Policy Development, March 8, 2006.
000044
ATTACHMENT 3
DEMOGRAPHIC INFORMATION
2000 Census Population - City of Moorpark & Tract 76.04
Population
Tract 76.04
%
City
%
Total Population
8,874
100.0%
31,415
100.0%
White
6,610
74.5%
23,378
74.4%
Black or African American
158
1.8%
476
1.5%
American Indian and Alaska Native
41
0.5%
149
0.5%
Asian
566
6.4%
1,770
5.6%
Native Hawaiian and Other Pacific Islander
21
0.2%
46
0.1%
Some Other Race
1,180
13.3%
4,381
13.9%
Two or More Races
298
3.4%
1,215
3.9%
Hispanic or Latino (of Any Race)
2,483
28.0%
8,735
27.8%
Source: U.S. Census Bureau, Race, Hispanic or Latino, and Age: 2000
2000 Census Housing Units - City of Moorpark & Tract 76.04
Type
Tract 76.04
%
City
%
Total Units
2,721
100.0%
9,094
100.0%
Owner - Occupied
2,191
80.5%
7,385
81.2%
Renter -Occupied
486
17.9%
1,609
17.7%
Vacant Housing Units
44
1.6%
100
1.1%_
Available for Sale Only (of Total Vacant
Units)
12
27.3%
39
39.0%
Available for Rent - Full Time Occupancy
(of Total Vacant Units)
3
6.8%
20
20.0%
Sold or Rented - Not Occupied
18
40.9%
18
18.0%
Otherwise Not Available (e.g. seasonal,
recreational, migratory, occasional use)
2
4.5%
11
11•.0%
Other Vacant
9
20.5%
12
12.0%
Source: U.S. Census Bureau, General Housing Characteristics: 2000
000045
ATTACHMENT 4
INFORMATIONAL BROCHURE TO BE GIVEN TO THE DISPLACED HOUSEHOLD
000046
ATTACHMENT 5
Fixed Payment Moving Schedule
Occupant Owns Furniture
One room
$625.00
Two rooms
$800.00
Three rooms
$1,000.00
Four rooms
$1,175.00
Five rooms
$1,425.00
Six rooms
$1,650.00
Seven rooms
$1,900.00
Eight rooms
$2,150.00
each additional room
$225.00
Occupant Does NOT Own Furniture
First Room
$400.00
each additional room
$65.00
000047
ATTACHMENT 6
PUBLIC COMMENTS AND RESPONSE
C000`ls
1-i-EM 5• E.
MOORPARK REDEVELOPMENT AGENdY
AGENDA REPORT
To: Honorable Agency Board of Directors
From: David C. Moe II, Redevelopment Manager
J� ry Zy :
Date: January 4, 2007 (Agency Meeting of 1/17/07)
Subject: Consider Approving Replacement Housing Plan for 765 Walnut
Street
BACKGROUND
The Redevelopment Agency of the City of Moorpark (the "Agency ") recently
acquired 765 Walnut Street. This site will be aggregated with two other Agency
owned properties to produce a one acre parcel for the development of a 25 unit
affordable ownership housing project.
DISCUSSION
The property located at 765 Walnut Street is improved with one, three bedroom
single family dwelling. According to Section 33413.5 of the California
Redevelopment Law (Health and Safety Code, Section 33000 et seq.), whenever
the agency executes an agreement for acquisition of real property, or an
agreement for the disposition and development of property which would lead to
the destruction or removal of dwelling units from the low and moderate income
housing market, agency is required to adopt a replacement housing plan ( "Plan ").
The attached Plan ( "Attachment I ") identifies the impacts the redevelopment
project will have on the community's supply of very-low, low and moderate
income housing and details the measures that the agency will take to ensure that
the appropriate replacement housing is produced within the four year time limit.
The replacement dwelling units must have an equal or greater number of
bedrooms from the removed units and shall be located within the redevelopment
project area or within the territorial jurisdiction of the agency (city limit). The
replacement units shall also be made affordable to the same income level of
very -low income, low income and moderate income households, as the persons
displaced from those destroyed or removed units.
The Agency has several options available to provide replacement housing to
mitigate the loss of the unit at 765 Walnut Street, including acquisition,
rehabilitation, new construction, and the allocation of "banked" dwelling units
000049
from prior development activity. The Agency's banked dwelling units /bedrooms
are sufficient to satisfy the required very low income replacement housing
obligation. Therefore, the Agency's surplus number of very low income units will
be reduced by one unit and three bedrooms in order to satisfy the Agency's
replacement housing obligation.
RECOMMENDATION
Adopt Replacement Housing Plan for 765 Walnut Street.
Attachment I: Replacement Housing Plan
000050
ATTACHMENT l
REPLACEMENT HOUSING PLAN
FOR THE
AFFORDABLE HOUSING PROJECT
Prepared for
CITY OF MOORPARK REDEVELOPMENT AGENCY
By
OVERLAND, PACIFIC & CUTLER, INC.
100 WEST BROADWAY, SUITE 500
LONG BEACH, CALIFORNIA 90802
(800) 400 -7356
December 15, 2006
000051
TABLE OF CONTENTS
I. INTRODUCTION ................................. ............................... 1
II. PROJECT DESCRIPTION AND LOCATION .......... ............................... 3
III. UNITS TO BE REPLACED ........................ ............................... 5
IV. ANNUAL INCOME RESTRICTIONS ................ ............................... 7
V. LOCATION OF REPLACEMENT HOUSING .......... ............................... 8
VI. FINANCING THE REPLACEMENT HOUSING ....... ............................... 9
VII. NON - APPLICABILITY OF ARTICLE XXXIV OF THE CALIFORNIA CONSTITUTION ... 10
VIII. TIME TABLE FOR REPLACEMENT HOUSING .... ............................... 1 I
IX. SUMMARY .................................... ............................... 12
000OS2
I. INTRQDUCTIQ]
The Redevelopment Agency of the City of Moorpark (the "Agency ") intends to proceed
with its plans for the Affordable Housing Project (the Project) and has acquired one 15,000
square foot parcel improved with one single family unit. The Project will require the razing
of one affordable housing unit.
Section 33413.5 of the California Redevelopment Law (Health and Safety Code, Section
33000 et seq.) requires a redevelopment agency to adopt a replacement housing plan
whenever the agency executes an agreement for acquisition of real property, or an
agreement for the disposition and development of property which would lead to the
destruction or removal of dwelling units from the low and moderate income housing market.
The plan should identify the impacts that a particular redevelopment project will have on
the community's supply of very-low, low and moderate income housing and detail the
measures that the agency will take to ensure that the appropriate replacement housing is
produced within the four year time limit.
Section 33413(a) of the California Redevelopment Law requires that whenever dwelling
units housing persons and families of very-low, low or moderate income are destroyed or
removed from the very-low, low and moderate income housing market as part of a
redevelopment project, which is subject to a written agreement with a redevelopment
agency orwhere financial assistance has been provided, the agency shall within four years
of the destruction or removal, rehabilitate, develop, construct, or cause to be rehabilitated,
developed, or constructed, for rental or sale to persons and families of very-low, low or
moderate income, an equal number of replacement dwelling units at affordable housing
cost within the redevelopment project area orwithin the territorial jurisdiction of the agency.
When dwelling units are removed after January 1, 2002, 100% of the replacement dwelling
units shall replace dwelling units in the same income level of very-low income households,
lower income households and persons and families of low and moderate income, as the
persons displaced from those destroyed or removed units.
Demolished or converted, occupied or vacant occupiable, very -low, low and moderate
income units must be replaced with units of an equal number of bedrooms from the
removed units. The units must be within the agency's jurisdiction, in standard condition,
and designed to remain affordable to very-low, low and moderate income households,
respectively for a minimum of the longest feasible time, as determined by the agency, but
Replacement Housing Plan pine 1
000053
for no less than the period of the land use controls established in the redevelopment plan,
unless a longer time period is applicable under the Health & Safety Code §33413(c).
The Redevelopment Plan for Agency's Moorpark Redevelopment Project Area is
scheduled to expire in July 2034. Pursuant to the passage of Assembly Bill No. 637,
however, "affordable" units provided by an Agency post- January 1, 2002 are required to
have affordability covenants for minimum, fixed -time periods irrespective of the life of any
one Project Area or Agency (and the term of applicability of the land use controls).
Specifically, Section 33413(c) established those time limits at 45 years for ownership units
and 55 years for rental housing. The unit is anticipated to be removed by April of 2007 and
the replacement unit must be provided within a four year time frame. Therefore, the
replacement unit must be available by April of 2011, or four years from the time the
existing unit is removed.
This Replacement Housing Plan (the "Plan ") has been prepared by the Agency as a
result of proposed redevelopment of property located in the Project and to satisfy the
requirements for replacement housing contemplated under the California Redevelopment
Law.
This Plan describes the following:
1) Proposed Project,
2) General location of the very-low, low and moderate income dwelling units which will,
or may be, removed or destroyed as a result of the Project,
3) General location and intentions for the development of the replacement housing,
4) Means of financing such development,
5) Schedule for the construction of the replacement housing, and
6) Period for which these units will remain affordable.
Replacement Housing Plan Page 2
1
000054
II. PROJECT DESCRIPTION AND LOCATIOP
PROJECT DESCRIPTION
The Redevelopment Agency of the City of Moorpark has acquired a 15,000 square foot
parcel improved with one single family dwelling. This parcel will be combined with two other
Agency owned parcels to create an one -acre site for an affordable housing development.
To effectuate the development the Agency must permanently relocate one residential
household. The household currently occupies a three bedroom unit which will need to be
replaced.
The Agency plans to develop the site as a 20 -25 unit affordable housing development. The
Agency intends to fully replace the existing low income unit that will be removed, totaling
three bedrooms. Preparation of this replacement housing plan outlines the Agency's
timetable, funding and methods for the replacement of the unit and bedrooms.
PROJECT LOCATION
The proposed Project will take place in the City of Moorpark (the City) which is located in
the southeastern portion of the Ventura County, approximately 40 miles west of downtown
Los Angeles. Moorpark is easily accessible from State Routes 23 and 118 and neighbors
communities of Simi Valley, Thousand Oaks, Camarillo, Somis, Santa Paula, and Fillmore.
(See Attachment 1, Figure 1).
The specific Project site is located just west of the SR -118 Ronald Reagan Freeway, at the
southwestern corner of Walnut Street and Everett Street. General boundaries of the
Project are Everett Street to the north, Walnut Street to the east, Moorpark Avenue to the
west and Charles Street to the south (See Attachment 1, Figure 2).
Replacement Housing Plan Page 3
000055
Figure 1: Regional Project Setting
Figure 2: Project Site Location
Replacement Housing Plan Page 4
000050
�a
c�
Casey Rd
Wicks Rd
Ereret( Sts Ro ect LOCahm ��
r
3
E HigM1St
N
Poindexter Arp
v
tst St Dorothy Ave
D,dbM Are
¢ Ruth Aim
rn
N
N-
_
end St _ _
m 7 F
Fh— P`R
ASarah Are
3rd St T
Q'
Lassen Ave o
Susan Ave.
O
Y c
Roberts Are
g
C
2 i 5
Esther Ave
n ht ®2 ®5 Microsoft Cor a &—is su I�rs Ali,, hts r"s —d.
$her n. Ave
_n..
Figure 2: Project Site Location
Replacement Housing Plan Page 4
000050
III. UNITS TO BE REPL'ACI
A personal survey was conducted with residents of the occupied unit and information
obtained from publicly available sources and property appraisal was made available in
order to verify the number of bedrooms for the Project dwelling unit.
This Replacement Housing Plan analysis will considerone occupied single - family dwelling.
Per the California Redevelopment Law, 100% of the very low to moderate income dwelling
units shall be replaced with dwelling units having an equal number of bedrooms available
at the respective very-low to moderate income levels.
Bedroom Survey by Income Level
Table 1 defines the number of dwelling units and bedrooms that will be displaced and the
100% requirement for replacement by income level. The numbers under each household
income category indicate the total households displaced (the number of dwelling units) and
the numbers in parenthesis indicate the total number of bedrooms displaced for each
income level by bedroom size.
Table 1 further defines the number of bedrooms necessary to meet the requirements of
the 100% replacement criteria.
Table 1: Displaced Households by Bedroom Size & Income Level
Household Size
very -Low
Low
Moderate
Nonrestricted
Totals
Income
Income
Income
Income
Three Bedroom
1
0
0
1
Households
(3)
(0)
(0)
(3)
(# Bedrooms)
100 °l0
(3)
(0)
(0)
(0)
Replacement:
(# Bedrooms)
As a result, there are a total of three bedrooms in one three - bedroom residential unit that
need to be rehabilitated, developed, or constructed pursuant to Section 3341.3(a) of the
Replacement Housing Plan Page 5
00005x?
Community Redevelopment Law. Based on the 100% replacement criteria by income level,
it has been determined that all three replacement bedrooms should be affordable to very-
low income households.
As described in Table 2, following, through November 30, 2006 the Agency has previously
created or has planned for the creation of the following net number of affordable housing
units /bedrooms.
Table 2: Affordable Housing Projects- Banked Units /Bedrooms (Net, November 2006)
Unit Size
Very Low Income
Lower Income
Moderate Income
Total Net Surplus
Net Banked
Units /Bedrooms
106/230
228/498
69/187
403/915
Replacentent Housing Plan Page 6
V QQOSS
IV. ANNUAL INCOME RESTRICT
California Health and Safety Code Sections 50079.5 and 50105 provide that the moderate,
low and very-low income limits established by the U. S. Department of Housing and Urban
Development ( "HUD ") are the state limits for those income categories. Sections 50079.5
and 50105 direct the Department of Housing and Community Development ( "HCD ") to
publish the income limits. HUD released new income limits in March 2006. Accordingly,
HCD has filed with the Office of Administrative Law, amendments to Section 6932 of Title
25 of the California Code of Regulations. The amendments contain the new HUD income
limits prepared by HCD pursuant to Health and Safety Code Section 50093.
The following figures, shown in Table 3, are approved for use in the County of Ventura to
define and determine housing eligibility by income level:
Table 3: Housing Eligibility by Annual Income Level
Area Median: $79,500
Family Size
Very Low
Lower
Median
Moderate' _ -
1 Person
28,200
45,150
55,700
66,800
2 Person
32,250
51,600
63,600
76,300
3 Person
36,250
58,050
71,600
85,900
4 Person
40,300
64,500
79,500
.95,400
5 Person
43,500
69,650
85,900
103,000
6 Person
46,750
74,800
92,200
110,700
7 Person 1
49,950
79,950
98,600
118,300
8 Person °
53,200
85,100
104,900
125,900
Replacement Housing Plan pine 7
000059
V. LOCATION OF REPLACEMENT HOUSING
The Agency has several options available to provide replacement housing to ameliorate
the impact of the Project, including acquisition, rehabilitation, new construction, and the
allocation of "banked" dwelling units from prior development activity. As described in Table
1, earlier, the implementation of the proposed Project will result in the removal of a total
of one "affordable ", residential dwelling unit, with the applicable bedroom /room counts and
income affordability levels as indicated.
The Agency's previously funded affordable housing projects provide surplus dwelling units
and bedrooms that can be allocated by the Agency for future housing obligations. The
Agency has a sufficient numberof "banked" dwelling units /bedrooms to satisfy the required
very low, lower and moderate income replacement housing obligation for the Project.
Assuming an assignment of the Agency's replacement obligation identified for the subject
Project to the aforementioned "bank" of housing Table 4, following, assigns that allocation
to the appropriate income category and shows the net balance of affordable housing
accruing to the Agency.
Table 4: Affordable Housing Projects /Banked Units & Bedrooms
Units /Bedrooms
very Low Income
Lower Income
Moderate Income
Total Net Surplus
Banked
106/230
(1/3)
228/498
(0/0)
69/187
(0/0)
403/915
(1/3)
Project Impact
Net Surplus
105/227
228/498
69/197
402/912
Replacement Housing Plan puke 8
NOt
VI. FINANCING THE REPLACEMENT HOUSING
The Redevelopment Plans that were created for the Moorpark Redevelopment Project
Area authorize the Agency to finance its activities with assistance from actual sources,
including the City of Moorpark, State of California, United States Government, property tax
increment funds, interest income, Agency bonds, or other available sources.
In the acquisition, construction and /or rehabilitation of the affordable housing units
identified in the preceding section, the Agency may utilize a variety of funding sources to
finance these activities. Sources that may be utilized include: State or Federal grants and
loans, including, but not limited to; HUD Community Development Block Grant (CDBG)
funds; HOME grants; various mortgage subsidy or guarantee programs, including Section
202 and programs offered by the California Housing Financing Agency (CHFA); tax
increment funds; below market rate financing through the sale of tax exempt mortgage
revenue bonds; redevelopment twenty percent set -aside funds; and developer funds.
Specific funding for future replacement housing units may be through the use of any
combination of the above described methods and sources.
In addition to the financing methods listed, the Agency may utilize density bonuses in
exchange for covenanted units in the Project area.
Replacentenl Housing Plan Page 9
M� •
Article XXXIV of the California Constitution requires voter approval of all low -rent housing
projects that are developed, constructed, or acquired by public entity. However, under
Section 37001 of the California Health and Safety Code, which implements this
Constitutional mandate, the replacement housing identified in this Plan is not a "low -rent
housing project" as defined in Section 2 of Article XXXIV of the California Constitution. It
is hereby found and determined that the replacement housing to be developed and
constructed under this replacement housing plan does not require approval of the voters
of the City of Moorpark pursuant to Article XXXIV of the California Constitution. Neither
ownership housing, nor rental housing are "low rent housing projects" as described in
Article XXXIV, and Section 37001 (b) of the California Health and Safety Code. All such
replacement housing will be privately owned, and will not be exempt from real property
taxes by reason of public ownership and will not be financed with direct long term financing
from a public body.
In addition, the Agency will not "develop, construct, or acquire" housing as described in
Section 1 of Article XXXIV of the State Constitution because it may provide developers
assistance and monitoring construction by imposition of mandated or authorized
conditions.
Replacement Housing Plan Page 10
00000 2
VIII. TIME TABLE FOR REPLACEMENT HOJSING
The Agency has provided a considerable degree of continuing support in the construction
and /or rehabilitation of replacement housing units sufficient to address the replacement
requirements of affordable housing discussed in this Plan. It is the intent of the Agency to
use "banked" units from previously developed housing units to fulfill its replacement
housing requirement.
The Agency acknowledges that replacement housing units must be affordable in the same,
or lower income categories than those being razed or otherwise removed from the City's
housing inventory and will ensure that this result is realized.
Further, any units developed as replacement housing units will be completed within four
years and will remain income - restricted for the appropriate period as required by law.
Replacement Housing Plan pine 11
0000C3
IX. SUMMARY
In summary, a total of three bedrooms in one dwelling unit will be removed as a result of
the Project, as planned.
Based on the 100% replacement criteria by income level, Agency through a variety of
replacement housing options will replace the three bedrooms affordable to very-low income
households by using previously developed housing units. The result of the above actions
will yield the required number .of replacement dwelling units as mandated under California
Redevelopment Law and the Housing and Community Development Act.
The Agency recognizes its legal and community responsibilities in this matter and
will make a sincere, good -faith effort to accomplish these goals. The Agency
retains its option to use other approaches and strategies not discussed herein to
fulfill its replacement housing obligations in a timely manner.
Replacement Housing Plan Pave 12
OOOOC4
To:
From:
Prepared by:
Date:
Subject:
BACKGROUND
REM- _ s. F.
W
MOORPARK REDEVELOPMENT AGENCY' s�
AGENDA REPORT � �a�y"'��Q���•
Honorable Agency Board of Directors Dy . L/h
David Moe, Redevelopment Manager DU
Nancy Burns, Senior Management Analyst
January 10, 2007 (CC Mtg. of January 17, 2007)
Consider Issuance of a Request for Qualifications from
Developers for a High Density Residential Ownership Project
On September 22, 2006, the Redevelopment Agency of the City of Moorpark
acquired the property at 765 Walnut Street, consisting of one lot with a residential
structure and separate garage on it. The property is currently zoned R -1 (single
family residential) and is located at the southwest corner of Walnut and Everett
Streets. Adjoining properties acquired previously by the Agency include 798
Moorpark Avenue (currently the Public Works office) which is zoned C -O
(commercial office), and the former fire station at 782 Moorpark Avenue which is
zoned I (institutional). The Agency acquired these properties at a total net cost of
approximately $1,075,383.
DISCUSSION
These three properties combined are approximately one acre ( "Site "). Agency staff
believes the site is suitable for a residential- ownership project developed at a density
of about 20 -25 units per acre. Nearby developments in the downtown area of the
City include Waterstone at 16.2 dwelling units per acre, Vintage Crest at 20 dwelling
units per acre, and Wood Creek Apartments at 17.56 dwelling units per acre.
The Agency -owned site referenced above provides a suitable parcel for residential
ownership development at a density comparable to that which is proposed for a
multi - family rental development on the north side of Everett. The application for the
development of that property was submitted in December 2005 and requests 25
units per acre.
00000
Moorpark Redevelopment Agency
January 17, 2007
Page 2
Staff recommends razing the structure at 765 Walnut and the garage on that
property and clearing same, leasing 798 Moorpark Avenue at market rate, and
allowing use of the rear building at 782 Moorpark Avenue by the American Legion at
terms which include $1.00 per year lease, with utilities to be paid by tenant, and
waiver of relocation benefits. The former fire station building will be maintained for
storage purposes.
Staff would like to issue a Request for Qualifications to developers interested in
high- density residential infill developments. Staff believes that future development of
the site as a high- density ownership project will provide a satisfactory transition of
residential land uses from the proposed multi - family rental development to the north
and the single - family neighborhood to the south.
STAFF RECOMMENDATION
Authorize razing of both structures at 765 Walnut and clearance of the property, and
securing a market rate tenant for 798 Moorpark Avenue; authorize the Executive
Director to execute lease of rear building at 782 Moorpark Avenue to the American
Legion at $1.00 per year; direct staff to issue a Request for Qualifications from
developers for a high- density residential- ownership project.
OOOOCG