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HomeMy WebLinkAboutAG RPTS 2007 0919 RDA REGEN ESTABLISHED KAM it lost �L�F0�1�a4p' Resolution No. 2007 -179 0/tr OF M6�� MOORPARK REDEVELOPMENT AGENCY REGULAR MEETING AGENDA WEDNESDAY, SEPTEMBER 19, 2007 7:00 P.M. Moorpark Community Center 799 Moorpark Avenue 1. CALL TO ORDER: 2. ROLL CALL: 3. PUBLIC COMMENT: 4. PUBLIC HEARINGS: A. Consider Approval of Amendment No. 2 to the Redevelopment Plan for the Moorpark Redevelopment Project. (This item to be tabled and heard jointly with City Council Item 8.C.) Staff Recommendation: 1) Open the public hearing, accept public testimony, and close the public hearing; 2) Adopt Agency Resolutions Nos. 2007- , 2007- , and 2007- ; 3) Adopt Council Resolution No. 2007- , and 4) Introduce Ordinance No. for first reading and schedule second reading and adoption for October 3, 2007. (Staff: David Moe) 5. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED) A. Consider Approval of Minutes of the Regular Meeting of July 18, 2007. Staff Recommendation: Approve the minutes. B. Consider Acceptance of Modified Proposal from A. Bates, General Contractor and Approval of Contract for the Construction of Single Family Home at 81 First Street and Resolution Amending the Fiscal Year 2007/08 Budget for Construction Costs and Associated Permits and Fees. Staff Recommendation: 1) Accept bid proposal with an adjusted price of $343,950 and authorize the Executive Director to execute contract and associated documents; and 2) Adopt Resolution No. 2007- ROLL CALL VOTE REQUIRED (Staff: Nancy Burns) Redevelopment Agency Agenda September 19, 2007 Page 2 5. CONSENT CALENDAR: (continued) C. Consider Award of Bid and Project Approval for the Demolition of Grain Silos at 192 High Street and Resolution Amending Fiscal Year 2007/08 Budget to Fund the Project. Staff Recommendation: 1) Approve the removal of the grain silos; 2) Award bid to Standard Industries and authorize execution of the Agreement, subject to final language approval by the Executive Director and General Counsel; and 3) Adopt Resolution No. 2007- ROLL CALL VOTE REQUIRED (Staff: David Moe) D. Consider Resolution Amending the Fiscal Year 2007/08 Budget for Los Angeles Avenue (State Route 118) and Spring Road Parkway Landscape Improvements. Staff Recommendation: Adopt Resolution No. 2007 - ROLL CALL VOTE REQUIRED (Staff: Mary Lindley) 6. CLOSED SESSION: A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Subdivision (b) of Section 54956.9 of the Government Code: (Number of cases to be discussed - 4) B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to Subdivision (c) of Section 54956.9 of the Government Code: (Number of cases to be discussed - 4) 7. ADJOURNMENT: 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 Assistant City Clerk of the City of Moorpark and that a notice for a Regular Meeting of the Moorpark Redevelopment Agency to be held Wednesday, September 19, 2007, at 7:00 p.m. in the Council Chambers of the Moorpark Community Center, 799 Moorpark Avenue, Moorpark, California, was posted on September 14, 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 September 14, 2007. Maureen Benson, Assistant City Clerk ITEM 4.A. CITY OF MOORPARK, CALIFORNIA Redevelopment Agency Meeting $,y . ` h • Consider Approval of Amendment No. 2 to the Redevelopment Plan for the Moorpark Redevelopment Project. (This item to be tabled and heard jointly with City Council Item 8.C.) Staff Recommendation: 1) Open the public hearing, accept public testimony, and close the public hearing; 2) Adopt Agency Resolutions Nos. 2007- , 2007- , and 2007- ; 3) Adopt Council Resolution No. 2007- and 4) Introduce Ordinance No. for first reading and schedule second reading and adoption for October 3, 2007. (Staff: David Moe) Staff Report Provided Under Separate Cover 00010 1. RDA ITEM 4.A. CC ITEM 8.C. ty Council of the City of Moorpark a,,.d opment Agency of the City of Moorpark JOINT PUBLIC EARING VIDENTIARY RECORD Proposed Amendment No. 2 Redevelopment Plan �2 9itP Moorpark Redevelopment Project September 19, 2007 MOORPARK CITY COUNCIL /AGENCY BOARD AGENDA REPORT TO: Honorable City Council and Agency Board FROM: — David C. Moe II, Redevelopment Manager DATE: September 7, 2007 (City Council /Agency Joint Meeting of 9/19/07) SUBJECT: Consider Approval of Amendment No. 2 to the Redevelopment Plan for the Moorpark Redevelopment Project BACKGROUND On July 5, 1989, the City Council of the City of Moorpark (the "City Council" and "City," respectively), by its Ordinance No. 110, adopted a Redevelopment Plan (the "Plan ") for the Moorpark Redevelopment Project (the "Project" or "Project Area;" as applicable). On the same date, the City Council, by Ordinance No. 111, approved an amendment ( "Amendment No. 1") to the Plan to place certain restrictions on the Agency's eminent domain authority subject to approval of the City electorate. On July 19, 1989, the City Council, by its Resolution No. 89 -588, called for a special election to be held for the purpose of submitting Amendment No. 1 to the electorate for approval. A Special Municipal Election was conducted on November 7, 1989, whereby adoption of Ordinance No. 111 was approved by the voters, which approval was subsequently made effective by the City Council on December 6, 1989, by its Resolution No. 89 -623. On June 20, 2007 in compliance with the requirement of CCRL Section 33342.7 (Senate Bill 53 effective January 1, 2007), the City Council adopted Ordinance No. 351 describing the Agency's eminent domain program and declaring that "such program may only be amended by amending the Plan pursuant to Article 12 of the CCRL, commencing with Section 33450." California Community Redevelopment Law (CCRL; Health and Safety Code, Section 33000, et seq.) provides for redevelopment agencies to exercise the use of eminent domain in a redevelopment project for an initial period of up to twelve (12) years following the adoption of a redevelopment plan. The initial period for use of eminent domain authority codified in the Plan for the Project pursuant to Resolution No. 89 -623 (after voter approval of Ordinance No. 111), ended July 5, 2001. Therefore, as permitted under CCRL Section 33333.4(8)(2), the Agency has initiated Amendment No. 2 (hereafter referred to as the "Amendment ") to the Plan for the sole purpose of reactivating the Plan's eminent domain provision for possible use within the Project Area for an additional 12 -year period;' Amendment No. 2 makes no other changes to the Plan. At this time, no specific property has been identified for acquisition through use of eminent domain authority. Honorable City Council /Agency Board September 19, 2007 Page 2 of 5 As part of the process to prepare Amendment No. 2, a Project Area Committee (PAC) consisting of seven elected members from residents, businesses and community organizations in the Project Area was established and has been operating pursuant to CCRL provisions and other applicable codes. The PAC has conducted seven meetings to discuss all aspects of Amendment No. 2, and in particular, it's potential impact upon Project Area residents and their housing needs. During these meetings, the PAC has heard and considered testimony from members of the residential and business communities, as well as Agency /City staff, advisors, and outside interests. At its meeting on June 8, 2006, the PAC voted (5 -1) to recommend, among other things, that the Agency's authority to use eminent domain should continue to be restricted by Ordinance No. 111. The PAC also suggested that the City Council consider the following restrictions to be included in Amendment No. 2: i) any business displaced by use of eminent domain is compensated for all expenses and loss of revenue incurred directly and indirectly from the displacement; ii) restrict the use of eminent domain on any County or State designated historical landmarks; iii) limit redevelopment spending to the Project Area; do not allow the Agency to spend tax increment outside of the Project Area; and iv) Consider the focus area a "priority area" for Agency spending. DISCUSSION On September 19, 2007, the Agency and City Council will hold a Joint Public Hearing on Amendment No. 2 and the related Mitigated Negative Declaration of Environmental Impact. As part of the Joint Public Hearing, the Agency has distributed a binder containing the Joint Public Hearing Evidentiary Record (hereafter referred to as the "Record ") to each Agency Board /City Council member. The Record includes, among other items, the Amendment, a Mitigated Negative Declaration of Environmental Impact (the WND ") and related Mitigation Monitoring and Reporting Program ( "MMRP ") and Initial Study, the Agency's Report to the City Council, related Resolutions, and the adopting City Ordinance. The following is a brief discussion of the contents of the Record: Tab 1 — Joint Public Hearing Procedures The Joint Public Hearing Procedures outline Agency and City Council actions and procedures necessary for consideration, approval and adoption of the Amendment. Tab 2 — Project Area Committee (PAC) Procedures, Election and Operation of the Project Area Committee, Other Information and PAC Minutes and Recommendation This section of the Record contains information with respect to the formation of and actions taken by the PAC. This section also contains the notice of PAC formation, all minutes from the PAC meetings, and the PAC's recommendation that the Agency's use of eminent Honorable City Council /Agency Board September 19, 2007 Page 3 of 5 domain authority be restricted by Ordinance No. 111 (see minutes from the June 8, 2006 meeting). Tab 3 — Amendment No. 2 to the Redevelopment Plan for the Moorpark Redevelopment Project The Amendment specifically sets forth modified text for Section 403 of the Redevelopment Plan, as proposed to be amended by the Amendment, and includes copies of the Plan as originally adopted and as modified by Ordinance No. 111 subsequently approved by the voters. Reenacting the Agency's authority to utilize eminent domain as restricted by Ordinance No. 111 would allow the Agency to acquire commercial and industrial zoned property with the exception of residential uses in these zones that have been owned and occupied by the original owner since 1989. Tab 4 — Notice of Intent to Adopt Mitigated Negative Declaration, Mitigated Negative Declaration and related Initial Study, the Mitigation Measures and the Mitigation Monitoring and Reporting Program for Amendment No. 2 Tab 4 contains the Notice of Intent to Adopt Mitigated Negative Declaration, the Mitigated Negative Declaration and related Initial Study, the Mitigation Measures and the Mitigation Monitoring and Reporting Program for the Amendment, which have been completed in accordance with the California Environmental Quality Act, commonly known as "CEQA." Based upon the assessment completed for the Initial Study, the City Planning Director has determined that the Amendment will not have a significant effect on the environment with the inclusion of mitigation measures. Tab 5 — Agency Report to the City Council The Report to the City Council (the "Report") provides, among other things, facts and information relating to the deficient physical and economic conditions, or "blight," remaining within the Project Area, the reasons for reinstating the Agency's eminent domain authority, and why such blight cannot be eliminated without the use of eminent domain as restricted by Ordinance No. 111. Based on facts and information provided in Sections 3.1 through 3.4 of the Report, significant blight remains in the Project Area and, as demonstrated in Section 4.1.2 of the Report, this blight cannot be eliminated without the availability of the Agency's eminent domain authority. The reinstatement of time to exercise eminent domain authority within the Project Area will help the Agency to: 1. More effectively implement the Plan's project and programs necessary to alleviate continuing conditions of blight; and 2. Carry out Agency goals and objectives to produce more cohesive and economically feasible development within the Project Area; and 3. Promote and stimulate new private investment in the Project Area. Honorable City Council /Agency Board September 19, 2007 Page 4 of 5 Tab 6 — Planning Commission Report and Recommendation on Amendment No. 2 Tab 6 of the Record contains the Planning Commission's report on Amendment No. 2 with respect to its potential effect(s) on the City's General Plan (the "General Plan "), including the Planning Commission's recommendation regarding adoption of the Amendment to the Agency and City Council. In this report, the Planning Commission found that the Amendment does not affect, and furthermore is consistent with, the General Plan because the Amendment does not make changes to General Plan land use designations in the Project Area, or to other General Plan policies, controls or limitations. Tab 7 — A. Meetings Held With, and Information Transmitted to, Home Owners, Property Owners, Residents and Business Tenants; and B. Consultations and Information Transmitted to Taxing and Environmental Entities, and Comments Thereon Item 7.A. of the Record contains information presented at public workshops, and transmitted to all affected persons and /or other entities in accordance with CCRL requirements and comments received in response, if any. Item 7.13. contains information transmitted to all affected taxing and environmental entities in accordance with the CCRL. Tab 8 — Agency Resolution Approving the Report to Council and Transmitting Said Report and Amendment No. 2 to the City Council This section contains the Agency Resolution approving the Report (see Tab 5 above for further discussion) and authorizing the transmittal of the Report and the Amendment to the City Council for that body's subsequent consideration and action. This resolution should be considered for adoption before the opening of the Joint Public Hearing. Tab 9.A. through D. —A. Agency Resolution Considering and Adopting the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program; B. Agency Resolution Making Certain Findings, Approving Amendment No. 2, and Recommending Amendment Adoption to the City Council; C. City Council Resolution Considering and Adopting the Mitigated Negative Declaration; and D. Previously Adopted Resolutions and Ordinances Related to Amendment No. 2 This section of the Record contains the Agency and City Council Resolutions Considering and Adopting the Mitigated Negative Declaration, Mitigation Measures and related Mitigation Monitoring and Reporting Program prepared for the Amendment. This section also contains the Agency's Resolution (in accordance with the requirements of CCRL Section 33333.4(8)(2) codifying recent legislation -- SB 53 and SB 1210 effective January 1, 2007) making findings that: 1. Significant blight remains in the Project Area; Honorable City Council /Agency Board September 19, 2007 Page 5 of 5 2. This blight cannot be eliminated without the use of eminent domain; and 3. Approving the Amendment; and recommending consideration and adoption of the Amendment to the City Council Section 9D. contains those resolutions adopted during the amendment adoption process by the Agency, the City Council, and the Planning Commission (if and as applicable) not otherwise included in the Record, as well as previously adopted resolutions and ordinances applicable to the Amendment. Tab 10 — City Council Ordinance Approving and Adopting Amendment No. 2 Tab 10 of the Record is the City Ordinance, which approves and adopts Amendment No. 2 which the City Council, if it so desires, may introduce for first reading. RECOMMENDATION 1. Open the Public Hearing, accept public testimony and close Public Hearing. 2. Adopt Agency Resolution Nos. and 3. Adopt Council Resolution No. 4. Introduce Ordinance No. for first reading, waive full reading and schedule second reading and adoption for '2007. ATTACHMENTS Joint Public Hearing Evidentiary Record for the Proposed Amendment No. 2 to the Redevelopment Plan for the Moorpark Redevelopment Project Proposed Amendment No. 2 to the Redevelopment Plan for the Moorpark Redevelopment Project JOINT PUBLIC HEARING EVIDENTIARY RECORD TABLE OF CONTENTS Item No. Tab 1 Joint Public Hearing Procedures 1 2 Project Area Committee (PAC) Procedures, Election and Operation of the Project Area 2 Committee, Other Information, and PAC Minutes and Recommendation 3 Amendment No. 2 to the Redevelopment Plan for the Moorpark Redevelopment Project 3 4 Notice of Intent to Adopt Mitigated Negative Declaration, Mitigated Negative Declaration, . 4 Mitigation Measures, Related Initial Study and Mitigation Monitoring and Reporting Program for Amendment No. 2 5 Agency's Report to the City Council 5 6 Planning Commission Report and Recommendation on Amendment No. 2 7A Meetings and Information Transmitted to Property Owners, Businesses, and Tenants 7 7B Transmittals and Consultations with Affected Taxing Entities and Environmental Agencies 8 Agency Resolution Approving the Report to Council and Transmitting Said Report and 8 Amendment No. 2 to the City Council 9A Agency Resolution Considering and Adopting the Mitigated Negative Declaration 9 9B Agency Resolution Making Certain Findings, Approving Amendment No. 2, and Recommending Amendment Adoption to the City Council 9C City Council Resolution Considering and Adopting the Mitigated Negative Declaration 9D Previously Adopted Ordinances Related to Amendment No. 2 10 City Ordinance Approving and Adopting Amendment No. 2 10 September 19, 2007 JOINT PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF MOORPARK AND THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK Proposed Amendment No. 2 to the Redevelopment Plan For the Moorpark Redevelopment Project JOINT PUBLIC HEARING PROCEDURES I. September 19, 2007: A. AGENCY action prior to opening Joint Public Hearing: 1. Consider Resolution No. "A Resolution of the Redevelopment Agency of the City of Moorpark, California, Approving Its Report to the City Council Prepared for the Proposed Amendment No. 2 to the Redevelopment Plan for the Moorpark Redevelopment Project and Authorizing Transmittal of Said Report to the City Council of the City of Moorpark" B. Opening of Joint Public Hearing The Mayor will chair the joint public hearing 1. Call to order (MAYOR) 2. City Council /Agency roll call (CITY CLERK) 3. Declare joint public hearing open (MAYOR) C. Introductory Remarks (MAYOR): 1. The purpose for this joint public hearing of the City Council and the Agency is to consider the proposed Amendment and the related Mitigated Negative Declaration of Environmental Impact (the "Mitigated Negative Declaration "). 2. The following documents will be under consideration: (a) Amendment No. 2 (the "Amendment ") to the Redevelopment Plan (the "Plan ") for the Moorpark Redevelopment Project (the "Project" or "Project Area," as applicable) (Tab No.3) ; and (b) The Agency's Report to the City Council on the Amendment (Tab No. 5), which includes, among other information: (1) A summary of the Project Area Committee (PAC) proceedings and the PAC's recommendation in connection with Amendment adoption (Tab No. 2); (2) The report of the Planning Commission regarding the effects of the Amendment on the City's General Plan and its recommendation to the Agency and City Council (Tab No. 6); (3) A summary of information presented to taxing agencies, owners, tenants and businesses in the Project Area (Tab No. 7); and (4) The Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (MMRP) prepared in connection with Amendment (Tab No. 4). D. AGENCY Presentation 1.. Introduction of participants by the Redevelopment Manager 2. Presentation by Staff and Agency Advisors to include: (a) Summary of PAC proceedings and recommendation; (b) Summary of the Amendment; (c) Summary of the Mitigated Negative Declaration and MMRP; and (d) Summary of the Agency's Report to the City Council. E. Public Testimony on the Amendment (MAYOR) Rules governing public testimony (if any). All persons desiring to speak on the Amendment, the Mitigated Negative Declaration and MMRP, and /or related matters will be given the opportunity to speak. (a) Before speaking, please give your name, address, and organization (if any) you represent; and (b) Please limit your comments to the subject at hand. 2. Written and oral comments regarding the Amendment: (a) CITY CLERK summarizes written communications not previously distributed to Council regarding the Amendment; and JPH01- Procedures FINAW (b) (MAYOR) Reminder of the rules governing public testimony (five [5] minutes per speaker); and (c) Accept public testimony. 3. Close public testimony. F. Respective Actions by AGENCY and CITY COUNCIL (per Agenda) AGENCY Actions (a) Consider Resolution No. "A Resolution of the Redevelopment Agency of the City of Moorpark, California, Considering and Adopting the Mitigated Negative Declaration of Environmental Impact for the Proposed Amendment No. 2 to the Redevelopment Plan for the Moorpark Redevelopment Project" (b) Consider Resolution No. "A Resolution of the Redevelopment Agency of the City of Moorpark, California, Making and Approving Certain Findings and Approvals under Section 33333.4(G)(2) of the California Community Redevelopment Law Regarding the Proposed Amendment No. 2 to the Redevelopment Plan for the Moorpark Redevelopment Project and Recommending Amendment Adoption to the City Council of the City of Moorpark" 2. CITY COUNCIL Actions (a) Consider Resolution No. "A Resolution of the City Council of the City of Moorpark, California, Considering and Adopting the Mitigated Negative Declaration of Environmental Impact for the Proposed Amendment No. 2 to the Redevelopment Plan for the Moorpark Redevelopment Project" (b) CITY COUNCIL having evaluated the Report, the Mitigated Negative Declaration and related MMRP, PAC recommendation, the report and recommendation of the Planning Commission, the Agency recommendation, evidence for and against the proposed Amendment, and all objections (if any) to the Amendment, take the following action: (1) Consider introduction of: "An Ordinance of the City Council of the City of Moorpark, California, Approving and Adopting Amendment No. 2 to the Redevelopment Plan for the Moorpark Redevelopment Project," for first reading. JPH01- Procedures FINALv2 II. October 3, 2007: A. Action by the CITY COUNCIL Consider Second Reading of Ordinance approving and adopting the Amendment. JPH01- Procedures FINAW 5)2005 MEETING INFORMATION AGENDA Project Area Committee Pre - Election Meeting for the Proposed Amendment No. 2 to the Redevelopment Plan for the Moorpark Redevelopment Project August 15, 2005 7:00 p.m. Apricot Room City Council Chambers Introductions Citizen Meeting Packet Summary Discussion Concluding Comments and Adjourn Meeting THIS PAGE INTENTIONALLY LEFT BLANK Citizen Meeting Packet August 15, 2005 7:00 p.m. Apricot Room, City Council Chambers Moorpark, CA THIS PAGE INTENTIONALLY LEFT BLANK The Following Materials Are Included in the Citizen Meeting Packet Pursuant To CCRL Section 33385.3(b)(2): • CCRL Article 6.5 (Sections 33385 - 33388) and Sections 33347.5, and 33366; and • The Adopted Procedures for the Formation, Election, and Operation of a ProjectArea Committee; and • Excerpts from the Moorpark Redevelopment Plan adopted June 7, 1989, Relating to Acquisition of Real /Personal Property. THIS PAGE INTENTIONALLY LEFT BLANK CCRL Article 6.5 (Sections 33385 - 33385) 33385 (a) The legislative body of a city or county shall call upon the residents and existing community organizations in a redevelopment project area to form a project area committee in either of the following situations: (1) A substantial number of low- income persons or moderate - income persons, or both, reside within the project area, and the redevelopment plan as adopted will contain authority for the agency to acquire, by eminent domain, property on which any persons reside. (2) The redevelopment plan as adopted contains one or more public projects that will displace a substantial number of low- income persons or moderate - income persons, or both. (b) The legislative body shall, by resolution, adopt a procedure pursuant to this section for the formation of the project area committee. The procedure shall include, but not be limited to, all of the following: (1) Publicizing the opportunity to serve on the project area committee, by providing written notice by first -class mail to all residents, businesses, and community organizations, including religious institutions and other nonprofit organizations, within the project area at least 30 days prior to the formation of the project area committee. (2) The agency shall conduct a minimum of one public meeting to explain the establishment of, functions of, and opportunity to serve on, the project area committee. At the public meeting, the agency shall distribute copies of this article, copies of Sections 33347.5 and 33366, copies of the procedure adopted pursuant to this subdivision, copies of the redevelopment plan or preliminary plan or the pertinent portions thereof, and any other materials the agency determines would be useful. (3) Providing published notice of all meetings, hearings, or plebiscites conducted by, or on behalf of, the agency or legislative body relative to the formation and selection of the project area committee in the same manner as specified in subdivision (a) of Section 65090 of the Government Code. (4) (A) Providing written notice to all residents, businesses, and community organizations in the project area of all meetings, hearings, or plebiscites conducted by, or on behalf of, the agency or legislative body relative to the formation and selection of the project area committee. This mailed notice requirement shall only apply when mailing addresses to all individuals and businesses, or to all occupants, are obtainable by the agency at a reasonable cost. The notice shall be mailed by first -class mail, but may be addressed to 'occupant." In lieu of providing separate notice for each meeting, hearing, or plebiscite, the agency may provide a single notice pursuant to this paragraph stating all dates, times, and locations of any meetings, hearings, and plebiscites relative to the formation and selection of the project area committee. (B) If the agency has acted in good faith to comply with the notice requirements of this paragraph, the failure of the agency to provide the required notice to residents or businesses unknown to the agency or whose addresses cannot be obtained at a reasonable cost, shall not, in and of itself, invalidate the formation or actions of the project area committee. (5) Providing other forms of notice appropriate to the community in which the project area is to be established, as determined by the agency. Notice provided pursuant to this paragraph may include public service announcements, advertisements in foreign - language publications, or flyers. (6) The number of community organizations and the method of selection, which may include election, appointment, or both. (7) Any other forms of assistance which the legislative body requires in connection with the formation of the project area committee. (c) The project area committee shall only include, when applicable, elected representatives of residential owner occupants, residential tenants, business owners, and existing organizations within the project area. Each group shall be adequately represented. Each organization represented pursuant to this subdivision shall appoint one of its members to the project area committee. No project area committee member may be appointed by the legislative body or the redevelopment agency or any member of either body. The members of the committee shall serve without compensation. (d) (1) The election of a representative project area committee shall be held in each project area within 100 days after the project area is selected. The legislative body shall adopt, after a duly noticed public hearing, communitywide procedures for filing for election, publicizing an election, holding an election, and for reviewing disputed elections, filling vacated seats, and other matters related to the electoral process. These procedures shall prohibit crossover voting between categories of residential owner occupants, residential tenants, and business owners to ensure, for example, that a business owner cannot vote for a tenant representative. However, if the legislative body determines that the method of selection of community organizations shall include election pursuant to subdivision (b), the legislative body shall determine the appropriate electorate and may authorize crossover voting in the election of community organizations. (2) The procedures adopted pursuant to this subdivision shall provide that a challenge to an election or to an electoral procedure shall be filed with the legislative body no more than 15 calendar days after the election. The legislative body shall adopt a finding that all adopted procedures of the legislative body were followed in the election. The procedures shall require that the validity of all challenges be determined within 30 days following the date of the election. (e) For project areas selected prior to March 7, 1973, the legislative body may, but shall not be required to, call upon the residents and existing community organizations to form a project area committee. (f) If the project does not contain a substantial number of low- and moderate - income individuals, the agency shall either call upon the residents and existing community organizations to form a project area committee or the agency shall consult with, and obtain the advice of, residents and community organizations as provided for project area committees in Section 33386 and provide those persons and organizations with the redevelopment plan prior to submitting it to the legislative body. (g) Nothing contained in this section shall prevent an agency, or the legislative body of any city or county, from creating any other committee for a project area. However, these committees shall not be merged into the project area committee subsequent to the formation thereof, and a member of any of these other committees shall not be entitled to vote in meetings of the project area committee, unless he or she is also a member of the project area committee. (h) The meeting of a project area committee shall be subject to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Division 2 of Title 5 of the Government Code). (i) The agency may charge fees to persons purchasing or leasing property from the agency in the project area and to persons participating in redevelopment of the project area under an owner participation agreement to defray any cost to the agency or legislative body in implementing this section. (j) The amendments made to this section by the act that adds this subdivision shall be applicable only to a redevelopment plan that is adopted or amended on or after the effective date of the act that adds this subdivision. 33385.3 (a) If a project area committee does not exist, and the agency proposes to amend a redevelopment plan, the agency shall establish a project area committee pursuant to Section 33385 if the proposed amendment to a redevelopment plan would do either of the following: (1) Grant the authority to the agency to acquire by eminent domain property on which persons reside in a project area in which a substantial number of low- and moderate - income persons reside. (2) Add territory in which a substantial number of low- and moderate - income persons reside and grant the authority to the agency to acquire by eminent domain property on which persons reside in the added territory. The project area committee may be composed of persons from only the added territory or both the added area and the existing project area. (b) Once a project area committee is formed, the requirements of Section 33385.5, except for project area committee expansion, shall be followed. 33385.5 The agency shall forward copies of the proposed amendment to the redevelopment plan to the project area committee, if one exists, at least 30 days before the hearing of the legislative body, required in Section 33454. Where the proposed amendment would enlarge the project area, the redevelopment agency shall call upon the project area committee to expand its membership to include additional members on the project area committee in compliance with Section 33385. Such expansion of membership shall be submitted to the legislative body within 30 days for the body's approval within 60 days to assure that the project area committee is representative. The legislative body shall not hold the public hearing, required by Section 33454, until the enlarged project area committee has had at least 30 days to consider the proposed amendment. The committee, if it chooses, may prepare a report and recommendations for submission to the legislative body. If the project area committee opposes the adoption of the proposed amendment, the legislative body may only adopt the amendment by a two- thirds vote of its entire membership eligible and qualified to vote on such amendments. 33386 The redevelopment agency through its staff, consultants, and agency members shall, upon the direction of and approval of the legislative body consult with, and obtain the advice of, the project area committee concerning those policy matters which deal with the planning and provision of residential facilities or replacement housing for those to be displaced by project activities. The agency shall also consult with the committee on other policy matters which affect the residents of the project area. The provisions of this section shall apply throughout the period of preparation of the redevelopment plan and for a three -year period after the adoption of the redevelopment plan, subject to one -year extensions by the legislative body. 33387 Minutes of all the meetings of the redevelopment agency with the project area committee, which meetings shall be open and public, together with a record of all information presented to the project area committee by the redevelopment agency or by the project area committee for the redevelopment agency for the purpose of carrying out the provisions of this article shall be maintained by the redevelopment agency. Such minutes and record shall be open to public inspection and a summary of such record shall be included in the report to the legislative body, submitted by the agency pursuant to Section 33352. 33388 (a) Upon recommendation of the project area committee, funds as determined necessary by the legislative body for the operation of the project area committee shall be allocated to the committee by the legislative body. This allocation shall include funds or equivalent resources for a committee office, equipment and supplies, legal counsel, and adequate staff for the purposes set forth in Section 33352. (b) No funds allocated under this section shall be used for any litigation other than litigation to enforce or defend the rights of the project area committee under this part. CCRL Sections 33347.5 and 33366 33347.5 If there exists within the project area a project area committee, the redevelopment plan shall be submitted to such committee before it is submitted to the legislative body. The committee may, if it chooses, prepare a report and recommendation for submission to the legislative body. 33366 If the planning commission or the project area committee has recommended against the approval of the redevelopment plan, the legislative body may adopt such plan by a two- thirds vote of its entire membership eligible and qualified to vote on such plan. If the planning commission or the project area committee has recommended approval or failed to make any recommendation within the time allowed, the legislative body may adopt the redevelopment plan by a majority vote of the entire membership eligible and qualified to vote on such plan. THIS PAGE INTENTIONALLY LEFT BLANK " ..." PROCEDURES FOR THE FORMATION, ELECTION, AND OPERATION OF A PROJECT AREA COMMITTEE Proposed Amendment No. 2 to the Redevelopment Plan for the Moorpark Redevelopment Project MOORPARK REDEVELOPMENT AGENCY Approved July 20, 2005 City Council Resolution No. 2005 -2359 THIS PAGE INTENTIONALLY LEFT BLANK m TABLE OF CONTENTS Section Page 100 GENERAL ............................................................................................... ..............................1 A. [101] Purpose ......................................................................................... ..............................1 B. [102] Authority ........................................................................................ ..............................1 C. [103] Definitions ..................................................................................... ..............................1 200 MEETINGS TO ESTABLISH THE PAC AND TO PRESENT PAC MEMBERS TO THECITY COUNCIL ............................................................................. ..............................3 A. [201] Meetings to Establish the PAC .................................................. ..............................3 B. [202] Presentation of PAC to City Council ......................................... ..............................3 300 NOTICE OF MEETINGS, HEARINGS AND PLEBISCITES ........... ..............................3 A. [301] Publications of Opportunity to Serve ........................................ ..............................3 B. [302] Publication of Notice .................................................................... ..............................4 C. [303] Notice by Mail ............................................................................... ..............................4 D. [304] Other Forms of Notice ................................................................. ..............................4 E. [305] Foreign Languages ...................................................................... ..............................4 400 COMPOSITION OF PAC MEMBERSHIP AND PAC OPERATIONS ..........................5 A. [401] Categories ..................................................................................... ..............................5 B. [402] Membership Term ........................................................................ ..............................5 C. [403] PAC Officers ................................................................................. ..............................5 D. [404] Agency Executive Director .................................... ..............................6 E. [405] Staff to PAC ....................................................... ..............................6 F. [406] Meetings and Office .................................................................... ..............................6 [406.1] Regular and Special Meetings ...................................... ..............................6 [406.2] Meetings to be Open and Public .................................. ..............................6 [406.3] Agendas and Minutes .................................................... ..............................6 [406.4] Quorum ............................................................................ ..............................6 [406.5] Rules of Order ................................................................. ..............................6 [406.6] Attendance ....................................................................... ..............................6 G. [407] Existing Community Organization /Appointment of Representative ...................6 H. [408] Vacancies in Membership Categories - Adjustment of Composition of PAC; Succession....................................................................................................... ..............................7 I. [409] Duties of PAC .................................................. ............................... 7 500 ELECTION PROCEDURE ................................................................... ..............................7 A. [501 ] PAC Applications ......................................................................... ..............................7 600 ELIGIBILITY REQUIREMENTS FOR PAC MEMBERSHIP ............ ..............................8 A. [601] Evidence of Eligibility .................................................................. ..............................8 B. [602] Voter Registration ........................................................................ ..............................8 C. [603] Obtaining Absentee Ballots ........................................................ ..............................9 D. [604] Candidate Speeches ................................................................... ..............................9 E. [605] Voting Categories ........................................................................ ..............................9 F. [606] Balloting ........................................................................................ .............................10 G. [607] Results/ Runoffs ........................................................................... .............................10 H. [608] Challenges / Validity ..................................................................... .............................10 700 SPECIAL PROVISIONS ...................................................................... .............................10 A. [701] Compensation of PAC Members .............................................. .............................10 B. [702] Amendment of Procedure ......................................................... .............................10 ATTACHMENTS ATTACHMENT "A" Map of the Moorpark Redevelopment Project Area ATTACHMENT "B" Project Area Committee Application PROCEDURES FOR FORMATION, ELECTION, AND OPERATION OF THE PROJECT AREA COMMITTEE FOR THE PROPOSED AMENDMENT NO. 2 TO THE REDEVELOPMENT PLAN FOR THE MOORPARK REDEVELOPMENT PROJECT 100 GENERAL A. [101] Purpose The purpose of this document is to set forth procedures for the formation of a project area committee as a part of the process of amending the Redevelopment Plan for the Moorpark Redevelopment Project. The Moorpark Redevelopment Agency is proposing to amend the Redevelopment Plan to: reinstate the Redevelopment Plan's eminent domain authority within the Moorpark Redevelopment Project for a 12 -year period. In reinstating the Agency's eminent domain authority, the Amendment may include authority to acquire property not limited to specific land uses. Health and Safety Code Section 33385.3, provides for the establishment of a procedure for formation and election of project area committee members relevant to the amendment of an existing redevelopment plan. The procedures established herein shall be used to govern formation, election, and operation of the Project Area Committee. B. [102] Authority These procedures were approved and adopted on July 20, 2005 by Resolution No. 2005 -2359 of the City Council of the City of Moorpark. C. [103] Definitions For the purpose herein: "Agency" means the Moorpark Redevelopment Agency, a public body, corporate and politic, which exercises powers as a redevelopment agency under the CCRL (see definition infra). "Amendment" means the proposed Amendment No. 2 to the Redevelopment Plan. "Business Owner" or "Business Owners" means a person who owns or leases property within the Project Area for any lawful activity, which is used or designated by the City's Zoning Ordinance for business use, whether or not carried on for profit, which is conducted within the Project Area for: (i) the purchase, sale, lease or rental of tangible or intangible personal property ( "Retail Business "); (ii) the manufacture, processing or marketing of products, commodities or any other personal property ( "Manufacturing Business "); (iii) the sale of services to the public ( "Service Business "); (iv) the ownership, operation or management of commercial real property; or (v) other commercial enterprises. "City" means the City of Moorpark, California, a municipal corporation. "CCRL" means the California Community Redevelopment Law, Section 33000 et seq. of the Health and Safety Code as currently drafted or as it may be amended from time to time. "City Council" means the City Council of the City, exercising powers as the legislative body of the Agency under the CCRL. "Director" means the Executive Director of the Agency or his /her designee. "Existing Community Organization" or "Organizations" means any nonprofit association of persons organized for religious, entrepreneurial, scientific, educational, literary or other purposes, which conducts its regularly scheduled meetings in the Project Area or operates a facility or office within the City and serves the Project Area. "Occupant" or "Occupants" means any Person occupying a structure within the Project Area. "Person" or "Persons" means, but is not limited to, an individual or individuals, household, family, proprietorship, partnership, business trust, joint venture, syndicate, corporation, limited liability company, or association. "Procedures" or "Procedure" means these "Procedures for Formation, Election, and Operation of the Project Area Committee for the Proposed Amendment No. 2 to the Redevelopment Plan for the Moorpark Redevelopment Project" to be used to govern the formation, election, and operation of the Project Area Committee as required by CCRL Section 33385.3 and adopted by the City Council on July 20, 2005 by its Resolution No. 2005 -2359. "Project" means the Moorpark Redevelopment Project. "Project Area" means the area currently included within the Project. The Project Area is shown on Attachment "A" which is included herein and by this reference made a part hereof. "Project Area Committee" or "PAC" means the committee formed and selected in accordance with CCRL Sections 33385 and 33385.3, et al., and subject to the procedures set forth herein. "Property Owner" or "Property Owners" means any person owning property within the Project Area according to the Ventura County Assessor's records. The data used to identify ownership of the properties shall not be more than six (6) months outdated. "Redevelopment Plan" or "Plan" means the document (as it may be amended from time to time) which sets forth the requirements, limitations, and general provisions for the Project pursuant to the CCRL. "Residential Owner - Occupant" or "Owner- Occupants" means a person who owns a residence in the Project Area and is occupying the property as a residence for at least thirty (30) days. —IN 2 "Residential Tenant" or "Tenants" means a person who rents a legal dwelling unit in the Project Area pursuant to a rental or lease agreement and who has occupied such dwelling unit as a permanent, personal residence and usual place of abode for not less than thirty (30) days prior to the submittal of a completed PAC application as described in Section 501, infra. 200 MEETINGS TO ESTABLISH THE PAC AND TO PRESENT PAC MEMBERS TO THE CITY COUNCIL A. [201 ] Meetings to Establish the PAC Agency staff shall conduct: i) one public informational meeting to explain the establishment and functions of the PAC, and the opportunity to serve on the PAC; and ii) a meeting to elect members to the PAC. The Amendment schedule currently provides that the election will take place within approximately five weeks of the informational meeting. At the informational meeting the Agency shall distribute and make available to each person in attendance: i) a copy of Article 6.5 of the CCRL (Sections 33385 - 33388); ii) a copy of CCRL Sections 33347.5 and 33366; iii) a copy of these Procedures; iv) applications for PAC membership; and v) any other materials the Agency determines would be useful. The Amendment schedule currently provides that the informational meeting will be held August 15, 2005, and that the PAC election meeting will be held on September 15, 2005, or on such dates as selected by the Director in accordance with the process more completely set forth in Section 500, et seq., below. B. [202] Presentation of PAC to City Council Agency staff shall present the results of the PAC election to the City Council at the October 5, 2005 meeting of the City Council, or on such date as selected by the Director. The City Council shall adopt a finding as to whether all the relevant portions of these Procedures regarding the election were followed and shall determine the validity of any properly filed challenges to the PAC election within the time required by law and set forth in Section 606 of these Procedures. 300 NOTICE OF MEETINGS, HEARINGS AND PLEBISCITES The Agency shall publish notice of all meetings, hearings, or plebiscites (elections) conducted by the Agency relative to the formation and selection of the PAC, and the opportunity to serve on the PAC in the same manner as specified in Subdivision (a) of Section 65090 of the Government Code, as more formally set forth in Section 302 of these Procedures. A. [301] Publications of Opportunity to Serve The Agency shall publicize the opportunity to serve on the PAC by mailing written notice to all Property Owners, Occupants and Existing Community Organizations in the Project Area. This notice shall be mailed by first -class mail at least thirty (30) days prior to the election of the PAC. B. [302] Publication of Notice The Agency shall publish notice of each meeting, hearing, or plebiscite relative to the formation and election of the PAC (see Section 201 above for meeting date information) at least one time in a newspaper of general circulation in the City at least ten (10) days prior to the date for each meeting, hearing, or plebiscite. The notice shall include: i) the date, time, and place of each meeting, hearing, or plebiscite, ii) the identity of the body conducting such meeting, hearing, or plebiscite, iii) a general explanation of the matters to be considered, iv) a general description of the Project Area, in text or by diagram, v) a statement that a PAC will be formed for the Amendment, vi) a general description of the duties of PAC members, and vii) a general statement of the criteria for eligibility to vote for PAC members and serve on the PAC. C. [303] Notice by Mail The Agency shall mail written notice to all Property Owners, Occupants and Existing Community Organizations in the Project Area of all meetings, hearings, or plebiscites conducted by, or on behalf of, the Agency relative to the formation and selection of the PAC (see Section 200 A. above for meeting date information.) This mailed notice requirement shall only apply if mailing addresses to all property owners, or to all occupants, are obtainable by the Agency at a reasonable cost. In lieu of providing separate notice for each meeting, hearing, or plebiscite, the Agency may provide a single notice pursuant to this Section 300 C. stating all dates, times, and locations of any meetings, hearings, and plebiscites relative to the formation and selection of the PAC. If the Agency has acted in good faith to comply with the notice requirements of this Section 300 C., the failure of the Agency to provide the required notice to any Property Owner, Occupant and Existing Community Organization, unknown to the Agency or whose addresses could not be obtained at a reasonable cost, shall not, in and of itself, invalidate the formation or subsequent actions of the PAC. D. [304] Other Forms of Notice In addition to the notices set forth in Sections 300 A., 300 B., and 300 C., the Agency may post notices, distribute flyers, purchase radio or newspaper advertisements, provide public service announcements, or undertake such other actions as it deems necessary or desirable to further inform Property Owners, Occupants and Existing Community Organizations of the formation of the PAC or any of its activities pursuant to these Procedures. E. [305] Foreign Languages Any of the notices or announcements required herein may be, but are not required to be, translated into another language if the Agency determines that such translation is necessary to effectively publicize the opportunity to serve on the PAC and participate in the formation and election of the PAC. 4 400 COMPOSITION OF PAC MEMBERSHIP AND PAC OPERATIONS A. [401] Categories Subject to the remaining provisions of this Section 400, the PAC is to be composed of nine (9) members (the 'PAC Members ") and shall include the number of representatives listed in each of the following categories: Category Number of Representatives Residential Owner - Occupant ..................................... ............................... 3 ResidentialTenant ..................................................... ............................... 2 BusinessOwner ........................................................... ..............................3 Existing Community Organization ................................ ..............................1 TOTAL......................................................................... ..............................9 B. [402] Membership Term The terms of the PAC Members are from the date of election until and throughout the period of preparation of the Amendment and for a three (3) year period after the adoption of the Amendment. The City Council may continuously extend the terms of the PAC members by one -year terms, after the initial three (3) year period has expired. C. [403] PAC Officers The Officers of the PAC shall be a Chairperson and Vice - Chairperson. The Chairperson and Vice - Chairperson of the PAC shall be elected by the PAC Members at the first meeting of the PAC. The Chairperson and Vice - Chairperson shall thereafter be elected during the same month of each calendar year and shall take office effective immediately upon such election. The Chairperson shall preside at all meetings of the PAC and shall sign all documents necessary to carry out the business of the PAC. The Vice - Chairperson shall, in the absence of the Chairperson, act as Chairperson. D. [404] Agency Executive Director The Agency Executive Director or designee may attend any or all PAC meetings on his /her own volition or upon direction of the Agency. At such meetings, the Director or designee shall be heard by the PAC members as to all matters upon which he /she wishes to address. E. [405] Staff To PAC Agency staff members or designees shall provide staff support to the PAC. The PAC shall not be authorized to hire, select or reject any or all of the staff members assigned to the PAC. I F. [406] Meetings and Office [406.1] Regular and Special Meetings The PAC shall hold its meetings in the City Council Chambers (Apricot Room), 799 Moorpark Avenue, Moorpark, California, or such other place within the City as the PAC may from time to time designate. Agency Staff shall be responsible for the posting and delivery of meeting notices and of an agenda of all matters to be discussed or acted upon publicly in the Moorpark City Hall at least seventy -two (72) hours prior to the time specified in the notice of the meeting. All meetings shall be conducted and notice thereof shall be given in conformity with the Ralph M. Brown Public Meeting Law (California Government Code Section 54950, et seq.). [406.2] Meetings to be Open and Public All PAC meetings shall be open and public. All persons shall be permitted to attend any such meetings except as otherwise provided by the Ralph M. Brown Public Meeting Law. [406.3] Agendas and Minutes Agency staff shall prepare and distribute the PAC agendas. Minutes of all PAC meetings shall be prepared in an annotated form consistent to the minutes prepared for the Agency. The minutes of all PAC meetings shall be completed by Agency staff and kept in a file at the Office of the Agency upon approval by PAC. [406.4] Quorum Five (5) members of the PAC shall constitute a quorum, and the presence of a quorum at each meeting shall be necessary for the PAC to conduct its business. A smaller number of PAC Members may adjourn a meeting, until a quorum is present. [406.5] Rules of Order Any conflict matters before the PAC shall be transacted in conformance with the current version of Robert's Rules of Order. [406.6] Attendance Any member who is absent from three (3) consecutive regular meetings shall be deemed to have vacated his or her membership on the PAC. G. [407] Existing Community Organization /Appointment of Representative The Existing Community Organization elected to serve on the PAC pursuant to this Procedure shall appoint one of its members to serve on the PAC. An alternate representative of such elected Existing Community Organization may also be appointed to serve on the PAC in the event that the designated representative is unable to attend a PAC meeting. However, in no event shall more than one member of the Existing Community Organization attend the PAC meeting in his /her official representative capacity. H. [408] Vacancies in Membership Categories - Adjustment of Composition of PAC; Succession If, at the time of formation of the PAC, an insufficient number of candidates are elected to provide representation from each category of membership on the PAC, such seats may remain vacant until qualified and eligible candidates are selected in the manner provided by these Procedures. Until such time as vacant seats on the PAC have been filled, the presence at a meeting of a majority of the occupied seats on the PAC shall constitute a quorum. The existence of any vacancies shall not prevent formation of the PAC or the conduct of business by the PAC. If an insufficient number of candidates are elected in the initial election for any category of PAC membership, the PAC shall set a date and time for a new election for the vacant seat or seats on the PAC. The PAC shall provide further notice of such new election to the persons eligible as described in Sections 301 through 304 hereof for the initial election. If after such subsequent election there is still an insufficient number of candidates elected for any category of PAC membership or a category continues to have no candidate elected, then the vacant seats in such category(ies) may remain unfilled. If after the formation of the PAC a vacancy occurs, the PAC shall call for a new election to fill such vacancy in the manner as provided above, unless the PAC determines that a new election would be infeasible due to such factors as lack of interest of potential members in serving on the PAC, or insufficient time to hold an election prior to the PAC's consideration of the Amendment. In such case the PAC may proceed with members seated on the PAC and the majority of such shall constitute a quorum. [409] Duties of PAC The PAC is formed for the purpose of reviewing and commenting on the proposed Amendment. The PAC may consider other matters as requested by the Agency. 500 ELECTION PROCEDURE A. [501] PAC Applications A candidate for PAC membership must submit a completed PAC Application (the "PAC Application ") to the City's Redevelopment Department which application must be received by the Agency offices no later than September 8, 2005. A copy of the PAC Application is attached hereto as Attachment "B" and incorporated herein by this reference. All PAC Applications submitted shall be available to the general public for review beginning on the business day following submittal. All PAC Applications shall be available at the election meeting described in Section 201 above, and at the offices of the Agency prior to such meeting. Agency offices are located at City Hall 799 Moorpark Avenue, Moorpark, California 93021. 600 ELIGIBILITY REQUIREMENTS FOR PAC MEMBERSHIP A. [601] Evidence of Eligibility Upon submittal of a PAC Application, candidates for PAC membership must present evidence that they are eighteen (18) years of age or older. Candidates are advised that the California Fair Political Practices Commission and the Political Reform Act, Government Code Section 81000, et seq., requires PAC Members to complete Statements of Economic Interest which disclose certain personal financial information concerning such PAC Member (including, for example, certain types of income, financial investments, real property interests, business entity interests, and gifts). A candidate may only run for one category (see Section 401 above) of PAC membership and must present a valid California Identification Card, driver's license, military identification, or similar identification and a true copy of the following evidence as eligibility for the applicable category: Residential Owner - Occupant: Recorded grant deed or property tax bill. 2. Residential Tenant: Executed rental /lease agreement or rent receipt. 3. Business Owner: Business Registration Receipt issued by City, proof of ownership or lease of real property, or recorded grant deed or property tax bill. 4. Existing Community Organization: Each of the following: (i) proof of existence of the organization as of the time of the PAC informational meeting, (ii) proof of existence, operation, or services provided within the Project Area, such as articles of incorporation, bylaws, lease document, or business license, and (iii) a resolution of the board of directors of such Organization authorizing a representative or alternate representative to act on its behalf for PAC matters. As deemed necessary and appropriate Agency staff may also verify eligibility through other methods. B. [602] Voter Registration Anyone desiring to vote at the PAC election must register at the election meeting to be held on September 15, 2005, by providing satisfactory evidence to the Agency staff that he or she is: (1) at least eighteen (18) years of age or older; and, (2) a Residential Owner - Occupant, Residential Tenant, Business Owner, Business Property Owner, or is the authorized representative (as evidenced by a letter) of a Existing Community Organization. Voter registration will take place at the beginning of the PAC election meeting. Only one individual may vote on behalf of any Residential Owner, Residential Tenant, Business Owner, or Existing Community Organization. Any of the following documents, where appropriate to the category of the voter, may be provided as evidence of eligibility to vote: A driver's license, California Identification Card, military identification, or other official documents (i.e., Alien Registration Card, Passport, etc.), and one of the following: 1. Rental /lease Agreement 2. Rent Receipt 3. Grant Deed to Real Property 4. Property Tax Bill 5. Business Registration Receipt issued by the City 6. Utility Bill 7. Voter Registration 8. Resolution of or Letter from Business 9. Resolution of Existing Community Organization 10. Other Official Documents [Agency staff may also verify eligibility through alternate methods] C. [603] Obtaining Absentee Ballots Anyone who is qualified and desiring to vote at the PAC election but who is unable to attend the election meeting may register and obtain an absentee ballot from the City Clerk's Office beginning seven (7) days prior to the scheduled election until 5:00 p.m. on the last business day before the scheduled election. Evidence of eligibility to vote must be provided as specified herein above. Absentee ballots will not be available on or after the scheduled day of the election. Absentee ballots may be turned in prior to the date of the election as pursuant to Section 606 of this document. D. [604] Candidate Speeches All candidates for each PAC membership category shall be provided an opportunity to make a "campaign speech" at the PAC election meeting. A time limit of three (3) minutes is established for each campaign speech. If a candidate is unable to attend the election meeting, the candidate may designate a representative to make his or her campaign speech. Reasonable rules of order (in the event of dispute, Roberts Rules of Order are to be used) will be applied, considering the number of candidates running in the PAC election. E. [605] Voting Categories Each voter may cast ballots for representatives of that voter's PAC membership category and for the category of Existing Community Organization. To wit: voters who have qualified to vote as Residential Owner - Occupants shall be entitled to vote for representatives of the Residential Owner - Occupant category and for the category of Existing Community Organization. Voters who have qualified to vote as representatives of Existing Community Organizations are entitled to vote only for that category. F. [606] Balloting Ballots shall be provided to registered voters of each PAC membership category; i.e., a Residential Owner - Occupant ballot, a Residential Tenant ballot, a Business Owner ballot, and an Existing Community Organizations ballot. Voting shall be conducted by secret ballot. The City Clerk shall appoint authorized election assistants to collect and tally the ballots. Absentee ballots shall be deposited with designated election assistants any time prior to close of election. The election assistants shall tally the ballots at the PAC election meeting. The City Clerk or Deputy City Clerk shall be present when the ballots are tallied to provide official verification of the results of the PAC election. G. [607] Results /Runoffs The City Clerk or Deputy City Clerk staff shall announce the results of the PAC election at the PAC election meeting after the ballots are tallied. If a runoff is necessary, it shall be announced and held immediately. Ballots shall be maintained by the City Clerk's Office for presentation to the City Council. The retention of election records shall be consistent with the State Elections Code requirements for local elections (Division 17, Retention and Preservation of Election Records). H. [608] Challenges/Validity Any challenge to the PAC or to the electoral procedures followed in connection with the PAC election shall be filed with the City Council within fifteen (15) calendar days following the PAC election. The City Council shall review all challenges so filed and determine if the PAC election was conducted according to the Procedures. The determination shall be made within thirty (30) days following the PAC election. The decision of the City Council shall be final. 700 SPECIAL PROVISIONS A. [701 ] Compensation of PAC Members The members of the PAC shall serve without compensation. B. [702] Amendment of Procedure These Procedures may be amended from time to time by resolution of the City Council. w 10 — iuuu 1—feet This map was originally produced in 1988 and may not include current subdivisions. Attachment A THIS PAGE INTENTIONALLY LEFT BLANK ATTACHMENT "B" PROJECT AREA COMMITTEE APPLICATION FOR ELECTION TO THE PROJECT AREA COMMITTEE PROPOSED AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE MOORPARK REDEVELOPMENT PROJECT Please complete the following: Na First Middle Initial Last Mailing Address: Daytime Phone: Please place a check mark, below, in the box next to the sentence which best describes your interest for serving on the Project Area Committee and complete the blank(s): I am interested in serving on the Project Area Committee because I: own, occupy, rent, lease: residence, apartment, business, vacant lot, other (describe): at the following address in the Project Area: Moorpark, California Number Street Apt. or Space I am interested in serving on the Project Area Committee because I am a designated representative of an existing community organization in the Project Area: Name of Community Organization: I am interested in serving on the Project Area Committee because (state any other reason): I In the space provided below, please provide a brief statement of your qualifications and interest for appointment to the Project Area Committee: I acknowledge and agree that if I should become a Project Area Committee member, I would be subject to the provisions of the Political Reform Act which requires disclosure of certain interests within the proposed Project Area and other interests as required by the Political Reform Act. I further acknowledge that in certain circumstances disclosures may require or result in disqualification. I also understand that as a Project Area Committee member I shall serve without compensation. Dated: (Signature) COMPLETED FORMS MUST BE RECEIVED BY SEPTEMBER 8, 2005, IN THE OFFICES OF THE MOORPARK REDEVELOPMENT AGENCY, CITY HALL, 799 MOORPARK AVENUE, MOORPARK, CA 93021. FAILURE OF ANY PERSON TO SUBMIT A COMPLETE, SIGNED PAC APPLICATION SHALL ELIMINATE SUCH PERSON FROM CONSIDERATION. Pursuant to CCRL Section 33385(b)(2) the following is an excerpt from the Moorpark Redevelopment Agency's Redevelopment Plan for the Moorpark Redevelopment Project, adopted July 5, 1989 by Ordinance No. 110.' Section 403: Acquisition of Real Property The Agency may purchase, lease, obtain option upon or otherwise acquire any interest in real property located in the Project Area by gift, devise, exchange, purchase, or any other means authorized by law including the use of eminent domain for the purpose of redevelopment. Acquisition of property will generally be achieved by cooperative negotiations between the owner of such property and the Agency. The following restrictions are applicable to the Agency's power of Eminent Domain: 1. All property zoned residential is excluded from eminent domain. 2. All property zoned commercial or industrial that has a residential structure (house) on it and is owner occupied at the time the Redevelopment Plan is adopted (which date shall be June 28, 1989) 2 is excluded from eminent domain so long as the owner occupies the residence. The Agency shall not acquire real property to be retained by an owner pursuant to a participation agreement unless provision for such acquisition is made in the agreement. The Agency is authorized to acquire structures without acquiring the land upon which those structures are located. No eminent domain proceeding to acquire property within the Project Area shall be commenced after twelve (12) years following the date of adoption of the ordinance approving and adopting this Plan. Such time limitation may be extended only by amendment of this Plan. The Agency shall not acquire real property on which an existing building is to be continued on its present site and in its present form and use without the consent of the owner, unless (1) such building required structural alternations, improvement, modernization, or rehabilitation, or (2) the site or lot on which the building is situated requires modification in size, shape, or use, or (3) it is necessary to impose upon such property any of the standards, restrictions and controls of the Plan and the owner fails or refuses to participate in the Plan by executing a participation agreement. Section 404: Acquisition of Personal Property Generally, personal property shall not be acquired, unless such acquisition is necessary in connection with the acquisition of real property. However, where necessary in the execution of the Plan, the Agency is authorized to acquire personal property in the Project Area by ay lawful means. City Council Ordinance 89 -588 adopted July 19, 1989 called a special election to allow "electors of the City" to approve the amended eminent domain language present within the plan, which was subsequently held November 7, 1989. The "electors" determined the amended language shall remain a part of the Plan. 2 Amended by Moorpark City Council Ordinance No. 111 on July 5, 1989. THIS PAGE INTENTIONALLY LEFT BLANK The Following Materials are Included in the Citizen Meeting Packet to Aid in the Understanding of the Project Area Committee Formation Process: • PowerPoint Presentation (August 15, 2005) Hand - Out; and • Mailed Notice of Public Meeting (both English and Spanish versions, sent on July 29, 2005). THIS PAGE INTENTIONALLY LEFT BLANK Proposed Amendment No_ 2 to the Redevelopment Plan for the Moorpark Redevelopment Project Project Area Committee Formation Meeting August 15, 2005 Purpose of Amendment No. 2 • Reactivate Et7titient Domaiti Authority, i'revious Aulliorily expired in duly 2001 Amended,Authorin ),viillast 12yeats Amendment Adoption Procedures Summary • Agency determines need for Amendment • Evaluate status of Project Area & projects • Conduct CEQA compliance • Undertake community participation — Proust Area CtvnmttcL 8& workshops Draft Amendment laneua-C • Determine General Plan Coll forInity (Planning � Commission) • Conduct a jointpuhlic hearing - City Council comsidcis adopting 01dinancc Why Are We Here Tonight? • Discuss the purpose of the Proposed Antendntent'No, 2 • Discuss Arneudment adoption procedures • Discuss the function_ formation. and election ofthe Project Area Committee (-'PAC'-,) Function of the PAC Review and mane recommendations on scope of Amendment No. 2 eminent domain provisions PAC tenn lasts throuelt considcratunt of Amendment ',�o. 2, and fin 111rce gears thereafter - SullwC1 So omn %�ai 4�stension,11+ 0I" Council 11, CIO ti ce N vA 7G C13 72 1�21 tnj) 41 ci 40 11, CIO 410 ce N vA C13 O 1�21 tnj) 41 ci 40 -7; "a qo < Ll Ll Ll L-1 L-1 11, CIO 410 N vA C13 O tnj) 41 ci 40 -7; "a 410 vA C13 O tnj) 41 ci 40 -7; "a vA C13 O THIS PAGE INTENTIONALLY LEFT BLANK MOORPARK REDEVELOPMENT AGENCY • 799 Moorpark Avenue Moorpark, California 93021 (805) 517 -6200 July 29, 2005 Dear Recipient, In conjunction with the City of Moorpark, the Moorpark Redevelopment Agency is looking for persons interested in serving on the Project Area Committee for the proposed Amendment No. 2 to the Redevelopment Plan for the Moorpark Redevelopment Project. Attached is the formal notice and detailed schedule of events regarding the formation, election, and initial operation of the Project Area Committee beginning with the informational meeting on August 15, 2005. We hope that you will consider joining us in this endeavor. If you have any questions, please call David Moe, Redevelopment Manager, at (805) 517 -6217. Sincerely, Steven Kueny Executive Director THIS PAGE INTENTIONALLY LEFT BLANK m ----- ..... ..... ..... ..... ----- , t04 ' �tfll�� f �i �,.�w11�U1111t11 111111 /111111111 - A W M . %.a -0 WAN ... 110151 till SIMON, Q� \1 gy) . ......... 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M 1 IMI I Egli \11111: i 111f SPIN iiiiiiiiiiiiiiiiiiiiiillillililI THIS PAGE INTENTIONALLY LEFT BLANK NOTICE OF PUBLIC MEETINGS OPPORTUNITY TO SERVE ON THE PROJECT AREA COMMITTEE FOR THE PROPOSED AMENDMENT NO. 2 TO THE REDEVELOPMENT PLAN FOR THE MOORPARK REDEVELOPMENT PROJECT The Moorpark Redevelopment Agency (the "Agency ") is preparing proposed Amendment No. 2 (the "Amendment ") to the Redevelopment Plan for the Moorpark Redevelopment Project (the "Project" or "Project Area" [map enclosed with this Notice packet]), in accordance with California Community Redevelopment Law (CCRL; Health and Safety Code Section 33000 et seq.) Section 33333.2(a)(4) for the purpose of reinstating eminent domain authority within the Project Area for an additional 12 -year period. By its action convened on July 6, 2005, and continued to July 20, 2005, subsequent to the closing of the noticed public hearing and pursuant to CCRL Section 33385(b) (1), the City Council of the City of Moorpark (the "City Council ") has called upon its residents, business owners, and existing community organizations in the Project Area to form a Project Area Committee (PAC) . At the direction of the City Council, elected Residential Owner- Occupants, Residential Tenants, Business Owners, and Existing Community Organizations from within the Project Area will have an opportunity to serve on the PAC. The PAC will make recommendations to the Agency with regard to the Amendment. The City Council has established procedures (the "Procedures ") to accomplish PAC formation and operation. The Procedures booklet is available for public inspection and copying during regular office hours (8:00 a.m. to 5:00 p.m., Monday through Friday) at the Agency offices, 799 Moorpark Avenue, Moorpark, California. NOTICE IS HEREBY GIVEN that a meeting will be held to explain the formation and functioning of the Project Area Committee as follows: DATE OF MEETING: August 15, 2005 TIME OF MEETING: 7:00 p.m. PLACE OF MEETING: City Council Chambers (Apricot Room) 799 Moorpark Avenue Moorpark, CA 93021 At this meeting the PAC formation and operation, purpose of the Amendment, and Amendment adoption procedures will be NPM_SewePAC_Moorpark dbm_7 /8/05 discussed. Applications will also be available to interested persons desiring to become candidates for membership on the PAC. NOTICE IS FURTHER GIVEN that pursuant to CCRL Section 33385(d)(1) a PAC election will be held on September 15, 2005, at the hour of 9:00 p.m., or as soon thereafter as possible, at the City Council Chambers (Apricot Room) at the above address. Voter registration and candidate speeches will take place between the hours of 7:00 p.m. and 9:00 p.m. NOTICE IS FURTHER GIVEN that pursuant to CCRL Section 33385(d)(2) the City Council will hold a public meeting to formally approve membership for the PAC. The City Council meeting will be held on October 5, 2005, at the hour of 7:00 p.m., or as soon thereafter as the matter can be heard, in the City Council Chambers (Apricot Room), Moorpark, California. All Residential Owner- Occupants, Residential Tenants, Business Owners, and existing Community Organizations within the Project Area are invited to attend and participate in the above - referenced meetings relative to the formation and selection of the PAC. NOTICE IS FURTHER GIVEN that subsequent to the scheduled PAC election and its validation by the City Council, the first meeting of the newly elected PAC is scheduled for October 20, 2005, at the hour of 7:00 p.m., in the City Council Chambers (Apricot Room). If you have questions regarding the above matters you may call David Moe, Redevelopment Manager, at (805) 517 -6217. /s/ Secretary of the Agency July 29, 2005 Date NPM_ServePAC_Moorpark dbm_7 /8/05 MOORPARK REDEVELOPMENT AGENCY 799 Moorpark Avenue, Moorpark, California 93021 (805) 517 -6200 29 de julio de 2005 Estimado Destinatario: En conjunto con la Ciudad de Moorpark, la Agencia de Reurbanizaci6n de Moorpark esta buscando a personas interesadas en formar parte del Comite del Area del Proyecto para la Enmienda propuesta No. 2 al Plan de Reurbanizaci6n para el Proyecto de Reurbanizaci6n de Moorpark. Se adjunta la notificaci6n formal y la programaci6n detallada de los eventos con respecto a la formaci6n, elecci6n y el funcionamiento inicial del Comite del Area del Proyecto, comenzando con la reuni6n informativa el 15 de agosto de 2005. Esperamos que usted considere unirse a nosotros en este esfuerzo. Si tiene alguna pregunta, por favor Ilame a David Moe, Gerente de Reurbanizaci6n al (805) 517 -6217. Sinceramente, Steven Kueny Director Ejecutivo THIS PAGE INTENTIONALLY LEFT BLANK �n n X00 PROYECTO DE REURBANIZACION DE MOORPARK MAPA DEL AREA DEL PROYECTO Limites del Area del Proyecto ........... Lineas de Division del Area del Proyecto ESCALA 500 1000 1500 pies Este mapa fue originalmente creado en 1988 y puede no incluir subdivisiones actuales THIS PAGE INTENTIONALLY LEFT BLANK NOTIFICACION DE AUDIENCIA PUBLICA LA OPORTUNIDAD DE SERVIR EN EL COMITE DEL AREA DEL PROYECTO PARA LA ENMIENDA PROPUESTA NO. 2 AL PLAN DE REURBANIZACION PARA EL PROYECTO DE REURBANIZACION DE MOORPARK La Agencia de Reurbanizaci6n de Moorpark (la "Agencia ") estd preparando la Enmienda propuesta No. 2 (la "Enmienda ") al Plan de Reurbanizacion para el Proyecto de Reurbanizacion de Moorpark (el "Proyecto ") o el "Area del Proyecto" [se adjunta mapa dentro de este boletin informativo]), de acuerdo a la Ley de California de Reurbanizacion Comunitaria (CCRL; C6digo de Salud y Seguridad Secci6n 33000 et seq.) Seccion 33333.2 (a) (4) con el prop6sito de reinstalar autoridad de dominio eminente dentro del Area del Proyecto por un periodo adicional de 12 anos. Por la acci6n convocada el 6 de julio de 2005 y continuada al 20 de julio de 2005, subsecuentemente al cierre de la audiencia publica notificada y de acuerdo al CCRL Seccion 33385 (b)(1), el Consejo Municipal de la Ciudad de Moorpark (el " Consejo Municipal ") hace un llamado a los residentes, duenos de empresas, y organizaciones comunitarias existentes dentro del Area del Proyecto para formar un Comit6 del Area del Proyecto (PAC). Bajo la direcci6n del Consejo Municipal, los residentes dueno- ocupantes, los inquilinos residenciales, los duenos de empresas, y las organizaciones comunitarias existentes elegidas que se encuentren dentro del Area del Proyecto tendrdn una oportunidad de participar en el PAC. El PAC hard recomendaciones a la Agencia con respecto a la Enmienda. El Consejo Municipal ha establecido procedimientos (los "Procedimientos ") para lograr la formaci6n del PAC y su funcionamiento. El boletin de Procedimientos se encuentra disponible para ser inspeccionado y copiado por el publico durante horarios normal de oficina (8:00 a.m. a 5:00 p.m. de lunes a viernes) en las oficinas de la Agencia, 799 Moorpark Avenue, Moorpark, California. POR MEDIO DE LA PRESENTE SE NOTIFICA que se llevard a cabo una audiencia para explicar la formaci6n y el funcionamiento del Comitd del Area del Proyecto, a saber: FECHA DE LA AUDIENCIA: 15 de agosto de 2005 HORA DE LA AUDIENCIA: 7:00 p.m. LUGAR DE LA AUDIENCIA: Comara del Consejo Municipal (Sal6n Apricot) 799 Moorpark Avenue Moorpark, CA 93021 En esta audiencia se discutird la formaci6n y el funcionamiento del PAC, el prop6sito de la Enmienda y los procedimientos de adopci6n de la Enmienda. Tambien habrd formularios de inscripci6n para las personas interesadas en ser candidatos para formar parte del PAC. SE NOTIFICA ADEMAS que conforme al CCRL Secci6n 33385 (d)(1) habra una elecci6n del PAC el 15 de septiembre de 2005 a las 9:00 a.m., o tan pronto posible despues de la hora programada en la Camara de Consejo Municipal (Salon Apricot) en el domicilio indicado anteriormente. Los registros para votantes y los discursos de los candidatos se realizaran entre las 7:00 p.m. y las 9:00 p.m. SE NOTIFICA ADEMAS que de acuerdo al CCRL Secci6n 33385 (d)(2) el Consejo Municipal tends una audiencia publica para aprobar formalmente a los miembros del PAC. La reuni6n del Consejo Municipal sera el 5 de octubre del 2005 a las 7:00 p.m. o tan pronto posible despues de la hora programada en la Camara de Consejo Municipal (sal6n Apricot), Moorpark, California. Se invita a todos los residentes dueno- ocupantes, inquilinos residenciales, duenos de empresas y organizaciones comunitarias existentes dentro del Area del Proyecto a asistir y participar en las reuniones anteriormente mencionadas con respecto a la formaci6n y selecci6n del PAC. SE NOTIFICA ADEMAS que subsiguiente a la elecci6n programada del PAC y su validaci6n por el Consejo Municipal, la primera reuni6n del PAC elegido esta programada para el 20 de octubre de 2005 a las 7:00 p.m. en la Camara de Consejo Municipal ( Sal6n Apricot). Si usted tiene alguna pregunta sobre to antedicho por favor contactese con David Moe, Gerente de Reurbanizaci6n al (805) 517 -6217. /s/ 29 de julio de 2005 Secretario de la Agencia Fecha PROJECT AREA COMMITTEE MEMBERSHIP Procedure for becoming a member of the Project Area Committee (PAC): 1. Fill -out the attached application; 2. Turn in your application at the Moorpark Redevelopment Agency's offices by September 8, 2005. When you turn in your Application, you must: a. Present evidence that you are 18 years old, or older b. Present a valid California Identification Card, Driver's License, military identification, or similar identification 3. In addition, you must bring the following evidence for the category that best describes your interest in serving on the Project Area Committee: a. For Owner - Occupants, bring your: i. Recorded grant deed or property tax bill. b. For Tenants, bring your: i. Executed rental /lease agreement or rent receipt. c. For Business Owners, bring your i. Business Registration Receipt issued by City, proof of ownership, or lease of real property, or recorded grant deed or property tax bill. d. For Representatives of Existing Community Organization, bring Each of the following: i. Proof of existence of the organization as of the time of the PAC informational meeting; ii. Proof of existence, operation, or services provided within the Project Area, such as articles of incorporation, by -laws, lease document, or business license; and iii. A resolution of the board of directors of such Organization authorizing a representative or alternate representative to act on its behalf for PAC matters. Note: Agency staff may also verify eligibility through other methods. ADDITIONAL INFORMATION TO CANDIDATES: Please be advised that the California Fair Political Practices Commission and the Political Reform Act, Government Code Section 81000, et seg., requires PAC Members to complete Statements of Economic Interest which disclose certain personal financial information concerning such PAC Member (including, for example, certain types of income, financial investments, real property interests, business entity interests, and gifts) . Upon becoming a PAC member, you will be provided with this Statement of Economic Interest. TO VOTERS (Candidates and Non - Candidates): Anyone desiring to vote at the PAC election must register at the election meeting to be held on September 15, 2005, by providing satisfactory evidence to the Agency staff that he or she is: (1) at least eighteen (18) years of age or older, and, (2) a Residential Owner - Occupant, Residential Tenant, Business Owner, Business Property Owner, or is the authorized representative (as evidenced by a letter) of a Existing Community Organization. Voter registration will take place at the beginning of the PAC election meeting. Only one individual may vote on behalf of any Residential Owner, Residential Tenant, Business Owner, or Existing Community Organization. Any of the following documents, where appropriate to the category of the voter, may be provided as evidence of eligibility to vote: A driver's license, California Identification Card, military identification, or other official documents (i.e., Alien Registration Card, Passport, etc.), and one of the following: 1. Rental /lease Agreement 2. Rent Receipt 3. Grant Deed to Real Property 4. Property Tax Bill 5. Business Registration Receipt issued by the City 6. Utility Bill 7. Voter Registration 8. Resolution of or Letter from Business 9. Resolution of Existing Community Organization 10. Other Official Documents [Agency staff may also verify eligibility through alternate methods] Please contact the Agency offices if you have any questions about the meeting, PAC materials, etc. MOORPARK REDEVELOPMENT AGENCY Phone: (805) 517 -6200 PROJECT AREA COMMITTEE APPLICATION FOR ELECTION TO THE PROJECT AREA COMMITTEE PROPOSED AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE MOORPARK REDEVELOPMENT PROJECT Please complete the following: Name: First Middle Initial Last Mailing Address: Daytime Phone: Please place a check mark, below, in the box next to the sentence which best describes your interest for serving on the Project Area Committee and fill -in the blank(s): I am interested in serving on the Project Area Committee because I: own, occupy, rent, lease: residence, apartment, business, vacant lot, other (describe): at the following address in the Project Area: Moorpark, California Number Street Apt. or Space I am interested in serving on the Project Area Committee because I am a designated representative of an existing community organization in the Project Area: Name of Community Organization: I am interested in serving on the Project Area Committee because (state any other reason): In the space provided below, please provide a brief statement of your qualifications and interest for appointment to the Project Area Committee: I acknowledge and agree that if I should become a Project Area Committee member, I would be subject to the provisions of the Political Reform Act which requires disclosure of certain interests within the proposed Project Area and other interests as required by the Political Reform Act. I further acknowledge that in certain circumstances disclosures may require or result in disqualification. I also understand that as a Project Area Committee member I shall serve without compensation. Dated: (Signature) COMPLETED FORMS MUST BE RECEIVED IN THE OFFICES OF THE MOORPARK REDEVELOPMENT AGENCY, CITY HALL, 799 MOORPARK AVENUE, MOORPARK, CA 93021. FAILURE OF ANY PERSON TO SUBMIT A COMPLETE, SIGNED PAC APPLICATION SHALL ELIMINATE SUCH PERSON FROM CONSIDERATION. ELIGIBILITY REQUIREMENTS FOR PROJECT AREA COMMITTEE MEMBERSHIP' 600 ELIGIBILITY REQUIREMENTS FOR PAC MEMBERSHIP A. [601] Evidence of Eligibility Upon submittal of a PAC Application, candidates for PAC membership must present evidence that they are eighteen (18) years of age or older. Candidates are advised that the California Fair Political Practices Commission and the Political Reform Act, Government Code Section 81000, et seq., requires PAC Members to complete Statements of Economic Interest which disclose certain personal financial information concerning such PAC Member (including, for example, certain types of income, financial investments, real property interests, business entity interests, and gifts). A candidate may only run for one category (see Section 401 above) of PAC membership and must present a valid California Identification Card, driver's license, military identification, or similar identification and a true copy of the following evidence as eligibility for the applicable category: 1. Residential Owner - Occupant: Recorded grant deed or property tax bill. 2. Residential Tenant: Executed rental /lease agreement or rent receipt. 3. Business Owner: Business Registration Receipt issued by City, proof of ownership or lease of real property, or recorded grant deed or property tax bill. 4. Existing Community Organization: Each of the following: (i) proof of existence of the organization as of the time of the PAC informational meeting, (ii) proof of existence, operation, or services provided within the Project Area, such as articles of incorporation, bylaws, lease document, or business license, and (iii) a resolution of the board of directors of such Organization authorizing a representative or alternate representative to act on its behalf for PAC matters. As deemed necessary and appropriate Agency staff may also verify eligibility through other methods. ' Excerpt taken from the Procedures for the Formation, Election, and Operation of a Project Area Committee, adopted July 20, 2005 by the Moorpark City Council Resolution No. 2005 -2359. THIS PAGE INTENTIONALLY LEFT BLANK City of Moorpark and the Moorpark Redevelopment Agency PAC Meeting Agenda DATE: October 20, 2005 TIME: 7:00p.m. LOCATION: City Council Chambers (Apricot Room) 799 Moorpark Avenue Moorpark, CA 93021 I. Introductions and Related Matters A. Agency Staff and Consultants B. Elected PAC Members 1. Review PAC Roster C. Review Conflict of Interest Disclosure Requirements 1. Form 700s 2. Discuss Issues from City Clerk's Office (if any) D. Distribution and Summary of Meeting Materials 1. Discussion of Exterior Resources a) 2005 -2009 Implementation Plan b) Other Miscellaneous Resources E. Election of PAC Officers and Discussion of Meeting Requirements 1. Nominations and Vote For Chair 2. Nominations and Vote For Vice -Chair a) Agency Staff Acting as PAC Secretary 3. Meeting Quorum 4. PAC Meeting(s) Conduct a) Notice and Posting Requirements b) Other Relevant Brown Act Requirements II. Public Comment III. New Business Initial PAC Meeting October 20, 2005 A. PAC Operation Process 1. Summary of Relevant Sections of Procedures for Formation, Election, and Operation of the PAC, dated July 20, 2005 a) Requirement for Subsequent PAC Election b) Review Proposed Schedule of Related Events c) Confirm Subsequent PAC Election Date B. Set Next PAC Meeting Agenda and Date IV. Adjournment PACBindec Tab01/JES 10/12/05 Minutes for the August 15, 2006, Project Area Committee meeting were not prepared because this was only an informational meeting. NOVEMBER 17, 2005 MEETING INFORMATION City of Moorpark and the Moorpark Redevelopment Agency PAC Meetin! Agenda DATE: November 17, 2005 TIME: 7:30 p.m. LOCATION: City Council Chambers (Apricot Room) 799 Moorpark Avenue Moorpark, CA 93021 I. Meeting Called to Order (by order of the Chair) Il. Business PAC Meeting No. 2 November 17, 2005 A. Consideration and Approval of October 20, 2005, Meeting Minutes B. Public Comment C. Staff Reports 1. Amended City Council direction regarding subsequent PAC election (Redevelopment Manager) 2. Request for PAC legal counsel (City Attorney) 3. Request for PAC interpreter (Redevelopment Manager) 4. Request for Recordation of Minutes (City Attorney) 5. Review of eminent domain policies from other communities as basis for discussion of eminent domain in Moorpark (Redevelopment Manager) 6. Flow of Communication vis -a -vis PAC members to Agency staff (City Attorney) 7. Insurance Coverage (City Attorney) D. Distribution of Relocation Law (California Code of Regulations, Title 25) III. Announcements IV. Set Next PAC Meeting Agenda and Date V. Adjourn Meeting (by motion or by order of the Chair) Agmdallo2QES_l 1/14/05 THIS PAGE INTENTIONALLY LEFT BLANK City of Moorpark and the Moorpark Redevelopment Agency PAC Meeting Minutes FOR MEETING OF OCTOBER 20, 2005 CALL TO ORDER: 7:03 p.m. LOCATION: City Council Chambers (Citrus Room) 799 Moorpark Avenue Moorpark, CA 93021 PAC Meeting Minutes November 17, 2005 Members Present: Will Whitaker, Ron Krepel, Colin Velazquez, Dale Whitaker, Drew La Prohon, Jay Flashner and Jason Salas Staff Present: David Moe, Redevelopment Manager Consultants Present: Jon Huffman and Richard Tillberg, Urban Futures, Inc. I. Introductions and Related Matters A. Agency Staff and Consultants Introduction of Staff and Consultants B. Elected PAC Members Reviewed PAC Roster C. Review Conflict of Interest Disclosure Requirements: 1. Form 700 D. Distribution and Summary of Meeting Materials Huffman discussed use of exterior resources E. Election of PAC Officers and Discussion of Meeting Requirements 1. Nominations and Vote For Chair Dale Whitaker was elected for Chair 2. Nominations and Vote For Vice -Chair Jay Flashner was elected for Vice Chair 3. Meeting Quorum Staff explained the requirements for a quorum 4. PAC Meeting(s) Conduct Huffman explained the notice and posting requirements for the PAC Agenda and other relevant requirements Minutes 10 20 /JES 10/12/05 City of Moorpark and the Moorpark Redevelopment Agency PAC Meeting Minutes November 17, 2005 II. Public Comment A work study was suggested to review the adopted Moorpark Redevelopment Agency 2005 -2009 Five Year Implementation Plan III. New Business A. PAC Operation Process Huffman reviewed the Procedures for Formation, Election, and Operation of the PAC. A subsequent PAC election to fill Residential Tenant PAC positions (two) was scheduled for December 8, 2005 B. Set Next PAC Meeting Agenda and Date The next PAC Meeting will be held on November 17, 2005. The agenda items to be discussed are: a) Independent Legal Counsel for PAC b) Recordation of PAC Minutes c) Eminent Domain Policies d) Request for Interpreter e) Insurance Coverage f) Flow of Communication IV. Adjournment 8:30 p.m. 61"] I-I'M am W 922YA David Moe, Recording Secretary DATE APPROVED: Minutes 10_ 20/JES_10/12/05 APPROVED BY: Dale Whitaker, PAC Chair AGENDA Second Project Area Committee Pre - Election Meeting for the Proposed Amendment No. 2 to the Redevelopment Plan for the Moorpark Redevelopment Project November 17, 2005 6:30 p.m. Apricot Room City Council Chambers Introductions • City /Agency staff • Urban Futures, Inc. Citizen Meeting Packet Summary Discussion Concluding Comments and Adjourn Meeting THIS PAGE INTENTIONALLY LEFT BLANK C itizen Meeting Packet November 17, 2005 6:30 p.m. Apricot Room, City Council Chambers Moorpark, CA THIS PAGE INTENTIONALLY LEFT BLANK The Following Materials Are Included in the Citizen Meeting Packet Pursuant To CCRL Section 33385.3(b)(2): • CCRL Article 6.5 (Sections 33385 - 33388) and Sections 33347.5, and 33366; and • The Adopted Procedures for the Formation, Election, and Operation of a Project Area Committee; and • Excerpts from the Moorpark Redevelopment Plan adopted June 7, 1989, Relating to Acquisition of Real /Personal Property. THIS PAGE INTENTIONALLY LEFT BLANK CCRL Article 6.5 (Sections 33385 - 33385) 33385 (a) The legislative body of a city or county shall call upon the residents and existing community organizations in a redevelopment project area to form a project area committee in either of the following situations: (1) A substantial number of low- income persons or moderate - income persons, or both, reside within the project area, and the redevelopment plan as adopted will contain authority for the agency to acquire, by eminent domain, property on which any persons reside. (2) The redevelopment plan as adopted contains one or more public projects that will displace a substantial number of low- income persons or moderate - income persons, or both. (b) The legislative body shall, by resolution, adopt a procedure pursuant to this section for the formation of the project area committee. The procedure shall include, but not be limited to, all of the following: (1) Publicizing the opportunity to serve on the project area committee, by providing written notice by first -class mail to all residents, businesses, and community organizations, including religious institutions and other nonprofit organizations, within the project area at least 30 days prior to the formation of the project area committee. (2) The agency shall conduct a minimum of one public meeting to explain the establishment of, functions of, and opportunity to serve on, the project area committee. At the public meeting, the agency shall distribute copies of this article, copies of Sections 33347.5 and 33366, copies of the procedure adopted pursuant to this subdivision, copies of the redevelopment plan or preliminary plan or the pertinent portions thereof, and any other materials the agency determines would be useful. (3) Providing published notice of all meetings, hearings, or plebiscites conducted by, or on behalf of, the agency or legislative body relative to the formation and selection of the project area committee in the same manner as specified in subdivision (a) of Section 65090 of the Government Code. (4) (A) Providing written notice to all residents, businesses, and community organizations in the project area of all meetings, hearings, or plebiscites conducted by, or on behalf of, the agency or legislative body relative to the formation and selection of the project area committee. This mailed notice requirement shall only apply when mailing addresses to all individuals and businesses, or to all occupants, are obtainable by the agency at a reasonable cost. The notice shall be mailed by first -class mail, but may be addressed to 'occupant." In lieu of providing separate notice for each meeting, hearing, or plebiscite, the agency may provide a single notice pursuant to this paragraph stating all dates, times, and locations of any meetings, hearings, and plebiscites relative to the formation and selection of the project area committee. (B) If the agency has acted in good faith to comply with the notice requirements of this paragraph, the failure of the agency to provide the required notice to residents or businesses unknown to the agency or whose addresses cannot be obtained at a reasonable cost, shall not, in and of itself, invalidate the formation or actions of the project area committee. (5) Providing other forms of notice appropriate to the community in which the project area is to be established, as determined by the agency. Notice provided pursuant to this paragraph may include public service announcements, advertisements in foreign - language publications, or flyers. (6) The number of community organizations and the method of selection, which may include election, appointment, or both. (7) Any other forms of assistance which the legislative body requires in connection with the formation of the project area committee. (c) The project area committee shall only include, when applicable, elected representatives of residential owner occupants, residential tenants, business owners, and existing organizations within the project area. Each group shall be adequately represented. Each organization represented pursuant to this subdivision shall appoint one of its members to the project area committee. No project area committee member may be appointed by the legislative body or the redevelopment agency or any member of either body. The members of the committee shall serve without compensation. (d) (1) The election of a representative project area committee shall be held in each project area within 100 days after the project area is selected. The legislative body shall adopt, after a duly noticed public hearing, communitywide procedures for filing for election, publicizing an election, holding an election, and for reviewing disputed elections, filling vacated seats, and other matters related to the electoral process. These procedures shall prohibit crossover voting between categories of residential owner occupants, residential tenants, and business owners to ensure, for example, that a business owner cannot vote for a tenant representative. However, if the legislative body determines that the method of selection of community organizations shall include election pursuant to subdivision (b), the legislative body shall determine the appropriate electorate and may authorize crossover voting in the election of community organizations. (2) The procedures adopted pursuant to this subdivision shall provide that a challenge to an election or to an electoral procedure shall be filed with the legislative body no more than 15 calendar days after the election. The legislative body shall adopt a finding that all adopted procedures of the legislative body were followed in the election. The procedures shall require that the validity of all challenges be determined within 30 days following the date of the election. (e) For project areas selected prior to March 7, 1973, the legislative body may, but shall not be required to, call upon the residents and existing community organizations to form a project area committee. (f) If the project does not contain a substantial number of low- and moderate - income individuals, the agency shall either call upon the residents and existing community organizations to form a project area committee or the agency shall consult with, and obtain the advice of, residents and community organizations as provided for project area committees in Section 33386 and provide those persons and organizations with the redevelopment plan prior to submitting it to the legislative body. (g) Nothing contained in this section shall prevent an agency, or the legislative body of any city or county, from creating any other committee for a project area. However, these committees shall not be merged into the project area committee subsequent to the formation thereof, and a member of any of these other committees shall not be entitled to vote in meetings of the project area committee, unless he or she is also a member of the project area committee. (h) The meeting of a project area committee shall be subject to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Division 2 of Title 5 of the Government Code). (i) The agency may charge fees to persons purchasing or leasing property from the agency in the project area and to persons participating in redevelopment of the project area under an owner participation agreement to defray any cost to the agency or legislative body in implementing this section. (j) The amendments made to this section by the act that adds this subdivision shall be applicable only to a redevelopment plan that is adopted or amended on or after the effective date of the act that adds this subdivision. 33385.3 (a) If a project area committee does not exist, and the agency proposes to amend a redevelopment plan, the agency shall establish a project area committee pursuant to Section 33385 if the proposed amendment to a redevelopment plan would do either of the following: (1) Grant the authority to the agency to acquire by eminent domain property on which persons reside in a project area in which a substantial number of low- and moderate - income persons reside. (2) Add territory in which a substantial number of low- and moderate - income persons reside and grant the authority to the agency to acquire by eminent domain property on which persons reside in the added territory. The project area committee may be composed of persons from only the added territory or both the added area and the existing project area. (b) Once a project area committee is formed, the requirements of Section 33385.5, except for project area committee expansion, shall be followed. 33385.5 The agency shall forward copies of the proposed amendment to the redevelopment plan to the project area committee, if one exists, at least 30 days before the hearing of the legislative body, required in Section 33454. Where the proposed amendment would enlarge the project area, the redevelopment agency shall call upon the project area committee to expand its membership to include additional members on the project area committee in compliance with Section 33385. Such expansion of membership shall be submitted to the legislative body within 30 days for the body's approval within 60 days to assure that the project area committee is representative. The legislative body shall not hold the public hearing, required by Section 33454, until the enlarged project area committee has had at least 30 days to consider the proposed amendment. The committee, if it chooses, may prepare a report and recommendations for submission to the legislative body. If the project area committee opposes the adoption of the proposed amendment, the legislative body may only adopt the amendment by a two- thirds vote of its entire membership eligible and qualified to vote on such amendments. 33386 The redevelopment agency through its staff, consultants, and agency members shall, upon the direction of and approval of the legislative body consult with, and obtain the advice of, the project area committee concerning those policy matters which deal with the planning and provision of residential facilities or replacement housing for those to be displaced by project activities. The agency shall also consult with the committee on other policy matters which affect the residents of the project area. The provisions of this section shall apply throughout the period of preparation of the redevelopment plan and for a three -year period after the adoption of the redevelopment plan, subject to one -year extensions by the legislative body. 33387 Minutes of all the meetings of the redevelopment agency with the project area committee, which meetings shall be open and public, together with a record of all information presented to the project area committee by the redevelopment agency or by the project area committee for the redevelopment agency for the purpose of carrying out the provisions of this article shall be maintained by the redevelopment agency. Such minutes and record shall be open to public inspection and a summary of such record shall be included in the report to the legislative body, submitted by the agency pursuant to Section 33352. 33388 (a) Upon recommendation of the project area committee, funds as determined necessary by the legislative body for the operation of the project area committee shall be allocated to the committee by the legislative body. This allocation shall include funds or equivalent resources for a committee office, equipment and supplies, legal counsel, and adequate staff for the purposes set forth in Section 33352. (b) No funds allocated under this section shall be used for any litigation other than litigation to enforce or defend the rights of the project area committee under this part. CCRL Sections 33347.5 and 33366 33347.5 If there exists within the project area a project area committee, the redevelopment plan shall be submitted to such committee before it is submitted to the legislative body. The committee may, if it chooses, prepare a report and recommendation for submission to the legislative body. 33366 If the planning commission or the project area committee has recommended against the approval of the redevelopment plan, the legislative body may adopt such plan by a two- thirds vote of its entire membership eligible and qualified to vote on such plan. If the planning commission or the project area committee has recommended approval or failed to make any recommendation within the time allowed, the legislative body may adopt the redevelopment plan by a majority vote of the entire membership eligible and qualified to vote on such plan. THIS PAGE INTENTIONALLY LEFT BLANK PROCEDURES FOR THE FORMATION, ELECTION, AND OPERATION OF A PROJECT AREA COMMITTEE Proposed Amendment No. 2 to the Redevelopment Plan for the Moorpark Redevelopment Project MOORPARK REDEVELOPMENT AGENCY Approved July 20, 2005 City Council Resolution No. 2005 -2359 THIS PAGE INTENTIONALLY LEFT BLANK TABLE OF CONTENTS Section Page 100 GENERAL ............................................................................................... ..............................1 A. [101] Purpose ......................................................................................... ..............................1 B. [102] Authority ........................................................................................ ..............................1 C. [103] Definitions ..................................................................................... ..............................1 200 MEETINGS TO ESTABLISH THE PAC AND TO PRESENT PAC MEMBERS TO THECITY COUNCIL ............................................................................. ..............................3 A. [201 ] Meetings to Establish the PAC .................................................. ..............................3 B. [202] Presentation of PAC to City Council ......................................... ..............................3 300 NOTICE OF MEETINGS, HEARINGS AND PLEBISCITES ........... ..............................3 A. [301] Publications of Opportunity to Serve ........................................ ..............................3 B. [302] Publication of Notice .................................................................... ..............................4 C. [303] Notice by Mail ............................................................................... ..............................4 D. [304] Other Forms of Notice ................................................................. ..............................4 E. [305] Foreign Languages ...................................................................... ..............................4 400 COMPOSITION OF PAC MEMBERSHIP AND PAC OPERATIONS ..........................5 A. [401] Categories ..................................................................................... ..............................5 B. [402] Membership Term ........................................................................ ..............................5 C. [403] PAC Officers ................................................................................. ..............................5 D. [404] Agency Executive Director .................................... ..............................6 E. [405] Staff to PAC ....................................................... ..............................6 F. [406] Meetings and Office .................................................................... ..............................6 [406.1] Regular and Special Meetings ...................................... ..............................6 [406.2] Meetings to be Open and Public .................................. ..............................6 [406.3] Agendas and Minutes .................................................... ..............................6 [406.4] Quorum ............................................................................ ..............................6 [406.5] Rules of Order ................................................................. ..............................6 [406.6] Attendance ....................................................................... ..............................6 G. [407] Existing Community Organization /Appointment of Representative ...................6 H. [408] Vacancies in Membership Categories - Adjustment of Composition of PAC; Succession....................................................................................................... ..............................7 I. [409] Duties of PAC .................................................. ............................... 7 500 ELECTION PROCEDURE ................................................................... ..............................7 A. [501 ] PAC Applications ......................................................................... ..............................7 600 ELIGIBILITY REQUIREMENTS FOR PAC MEMBERSHIP ............ ..............................8 A. [601] Evidence of Eligibility .................................................................. ..............................8 B. [602] Voter Registration ........................................................................ ..............................8 C. [603] Obtaining Absentee Ballots ........................................................ ..............................9 D. [604] Candidate Speeches ................................................................... ..............................9 E. [605] Voting Categories ........................................................................ ..............................9 F. [606] Balloting ........................................................................................ .............................10 G. [607] Results/ Runoffs ........................................................................... .............................10 H. [608] Challenges / Validity ..................................................................... .............................10 700 SPECIAL PROVISIONS ...................................................................... .............................10 A. [701] Compensation of PAC Members .............................................. .............................10 B. [702] Amendment of Procedure ......................................................... .............................10 ATTACHMENTS ATTACHMENT "A" Map of the Moorpark Redevelopment Project Area ATTACHMENT "B" Project Area Committee Application PROCEDURES FOR FORMATION, ELECTION, AND OPERATION OF THE PROJECT AREA COMMITTEE FOR THE PROPOSED AMENDMENT NO. 2 TO THE REDEVELOPMENT PLAN FOR THE MOORPARK REDEVELOPMENT PROJECT 100 GENERAL A. [101] Purpose The purpose of this document is to set forth procedures for the formation of a project area committee as a part of the process of amending the Redevelopment Plan for the Moorpark Redevelopment Project. The Moorpark Redevelopment Agency is proposing to amend the Redevelopment Plan to: reinstate the Redevelopment Plan's eminent domain authority within the Moorpark Redevelopment Project for a 12 -year period. In reinstating the Agency's eminent domain authority, the Amendment may include authority to acquire property not limited to specific land uses. Health and Safety Code Section 33385.3, provides for the establishment of a procedure for formation and election of project area committee members relevant to the amendment of an existing redevelopment plan. The procedures established herein shall be used to govern formation, election, and operation of the Project Area Committee. B. [102] Authority These procedures were approved and adopted on July 20, 2005 by Resolution No. 2005 -2359 of the City Council of the City of Moorpark. C. [103] Definitions For the purpose herein: "Agency" means the Moorpark Redevelopment Agency, a public body, corporate and politic, which exercises powers as a redevelopment agency under the CCRL (see definition infra). "Amendment" means the proposed Amendment No. 2 to the Redevelopment Plan. "Business Owner" or "Business Owners" means a person who owns or leases property within the Project Area for any lawful activity, which is used or designated by the City's Zoning Ordinance for business use, whether or not carried on for profit, which is conducted within the Project Area for: (i) the purchase, sale, lease or rental of tangible or intangible personal property ( "Retail Business "); (ii) the manufacture, processing or marketing of products, commodities or any other personal property ( "Manufacturing Business "); (iii) the sale of services to the public ( "Service Business "); (iv) the ownership, operation or management of commercial real property; or (v) other commercial enterprises. "City" means the City of Moorpark, California, a municipal corporation. "CCRL" means the California Community Redevelopment Law, Section 33000 et seq. of the Health and Safety Code as currently drafted or as it may be amended from time to time. "City Council" means the City Council of the City, exercising powers as the legislative body of the Agency under the CCRL. "Director" means the Executive Director of the Agency or his /her designee. "Existing Community Organization" or "Organizations" means any nonprofit association of persons organized for religious, entrepreneurial, scientific, educational, literary or other purposes, which conducts its regularly scheduled meetings in the Project Area or operates a facility or office within the City and serves the Project Area. "Occupant" or "Occupants" means any Person occupying a structure within the Project Area. "Person" or "Persons" means, but is not limited to, an individual or individuals, household, family, proprietorship, partnership, business trust, joint venture, syndicate, corporation, limited liability company, or association. "Procedures" or "Procedure" means these "Procedures for Formation, Election, and Operation of the Project Area Committee for the Proposed Amendment No. 2 to the Redevelopment Plan for the Moorpark Redevelopment Project" to be used to govern the formation, election, and operation of the Project Area Committee as required by CCRL Section 33385.3 and adopted by the City Council on July 20, 2005 by its Resolution No. 2005 -2359. "Project" means the Moorpark Redevelopment Project. "Project Area" means the area currently included within the Project. The Project Area is shown on Attachment "A" which is included herein and by this reference made a part hereof. "Project Area Committee" or "PAC" means the committee formed and selected in accordance with CCRL Sections 33385 and 33385.3, et al., and subject to the procedures set forth herein. "Property Owner" or "Property Owners" means any person owning property within the Project Area according to the Ventura County Assessor's records. The data used to identify ownership of the properties shall not be more than six (6) months outdated. "Redevelopment Plan" or "Plan" means the document (as it may be amended from time to time) which sets forth the requirements, limitations, and general provisions for the Project pursuant to the CCRL. "Residential Owner - Occupant" or "Owner- Occupants" means a person who owns a residence in the Project Area and is occupying the property as a residence for at least thirty (30) days. 2 "Residential Tenant" or "Tenants" means a person who rents a legal dwelling unit in the Project Area pursuant to a rental or lease agreement and who has occupied such dwelling unit as a permanent, personal residence and usual place of abode for not less than thirty (30) days prior to the submittal of a completed PAC application as described in Section 501, infra. 200 MEETINGS TO ESTABLISH THE PAC AND TO PRESENT PAC MEMBERS TO THE CITY COUNCIL A. [201] Meetings to Establish the PAC Agency staff shall conduct: i) one public informational meeting to explain the establishment and functions of the PAC, and the opportunity to serve on the PAC; and ii) a meeting to elect members to the PAC. The Amendment schedule currently provides that the election will take place within approximately five weeks of the informational meeting. At the informational meeting the Agency shall distribute and make available to each person in attendance: i) a copy of Article 6.5 of the CCRL (Sections 33385 - 33388); ii) a copy of CCRL Sections 33347.5 and 33366; iii) a copy of these Procedures; iv) applications for PAC membership; and v) any other materials the Agency determines would be useful. The Amendment schedule currently provides that the informational meeting will be held August 15, 2005, and that the PAC election meeting will be held on September 15, 2005, or on such dates as selected by the Director in accordance with the process more completely set forth in Section 500, et seq., below. B. [202] Presentation of PAC to City Council Agency staff shall present the results of the PAC election to the City Council at the October 5, 2005 meeting of the City Council, or on such date as selected by the Director. The City Council shall adopt a finding as to whether all the relevant portions of these Procedures regarding the election were followed and shall determine the validity of any properly filed challenges to the PAC election within the time required by law and set forth in Section 606 of these Procedures. 300 NOTICE OF MEETINGS, HEARINGS AND PLEBISCITES The Agency shall publish notice of all meetings, hearings, or plebiscites (elections) conducted by the Agency relative to the formation and selection of the PAC, and the opportunity to serve on the PAC in the same manner as specified in Subdivision (a) of Section 65090 of the Government Code, as more formally set forth in Section 302 of these Procedures. A. [301] Publications of Opportunity to Serve The Agency shall publicize the opportunity to serve on the PAC by mailing written notice to all Property Owners, Occupants and Existing Community Organizations in the Project Area. This notice shall be mailed by first -class mail at least thirty (30) days prior to the election of the PAC. B. [302] Publication of Notice The Agency shall publish notice of each meeting, hearing, or plebiscite relative to the formation and election of the PAC (see Section 201 above for meeting date information) at least one time in a newspaper of general circulation in the City at least ten (10) days prior to the date for each meeting, hearing, or plebiscite. The notice shall include: i) the date, time, and place of each meeting, hearing, or plebiscite, ii) the identity of the body conducting such meeting, hearing, or plebiscite, iii) a general explanation of the matters to be considered, iv) a general description of the Project Area, in text or by diagram, v) a statement that a PAC will be formed for the Amendment, vi) a general description of the duties of PAC members, and vii) a general statement of the criteria for eligibility to vote for PAC members and serve on the PAC. C. [303] Notice by Mail The Agency shall mail written notice to all Property Owners, Occupants and Existing Community Organizations in the Project Area of all meetings, hearings, or plebiscites conducted by, or on behalf of, the Agency relative to the formation and selection of the PAC (see Section 200 A. above for meeting date information.) This mailed notice requirement shall only apply if mailing addresses to all property owners, or to all occupants, are obtainable by the Agency at a reasonable cost. In lieu of providing separate notice for each meeting, hearing, or plebiscite, the Agency may provide a single notice pursuant to this Section 300 C. stating all dates, times, and locations of any meetings, hearings, and plebiscites relative to the formation and selection of the PAC. If the Agency has acted in good faith to comply with the notice requirements of this Section 300 C., the failure of the Agency to provide the required notice to any Property Owner, Occupant and Existing Community Organization, unknown to the Agency or whose addresses could not be obtained at a reasonable cost, shall not, in and of itself, invalidate the formation or subsequent actions of the PAC. D. [304] Other Forms of Notice In addition to the notices set forth in Sections 300 A., 300 B., and 300 C., the Agency may post notices, distribute flyers, purchase radio or newspaper advertisements, provide public service announcements, or undertake such other actions as it deems necessary or desirable to further inform Property Owners, Occupants and Existing Community Organizations of the formation of the PAC or any of its activities pursuant to these Procedures. E. [305] Foreign Languages Any of the notices or announcements required herein may be, but are not required to be, translated into another language if the Agency determines that such translation is necessary to effectively publicize the opportunity to serve on the PAC and participate in the formation and election of the PAC. s� 400 COMPOSITION OF PAC MEMBERSHIP AND PAC OPERATIONS A. [401 ] Categories Subject to the remaining provisions of this Section 400, the PAC is to be composed of nine (9) members (the "PAC Members ") and shall include the number of representatives listed in each of the following categories: Category Residential Owner - Occupant ........................... Residential Tenant ............ ............................... Business Owner ................ ............................... Existing Community Organization .................... Number of Representatives .............................. 3 .............................. 2 . ..............................3 . ..............................1 TOTAL......................................................................... ..............................9 B. [402] Membership Term The terms of the PAC Members are from the date of election until and throughout the period of preparation of the Amendment and for a three (3) year period after the adoption of the Amendment. The City Council may continuously extend the terms of the PAC members by one -year terms, after the initial three (3) year period has expired. C. [403] PAC Officers The Officers of the PAC shall be a Chairperson and Vice - Chairperson. The Chairperson and Vice - Chairperson of the PAC shall be elected by the PAC Members at the first meeting of the PAC. The Chairperson and Vice - Chairperson shall thereafter be elected during the same month of each calendar year and shall take office effective immediately upon such election. The Chairperson shall preside at all meetings of the PAC and shall sign all documents necessary to carry out the business of the PAC. The Vice - Chairperson shall, in the absence of the Chairperson, act as Chairperson. D. [404] Agency Executive Director The Agency Executive Director or designee may attend any or all PAC meetings on his /her own volition or upon direction of the Agency. At such meetings, the Director or designee shall be heard by the PAC members as to all matters upon which he /she wishes to address. E. [405] Staff To PAC Agency staff members or designees shall provide staff support to the PAC. The PAC shall not be authorized to hire, select or reject any or all of the staff members assigned to the PAC. C F. [406] Meetings and Office [406.1] Regular and Special Meetings The PAC shall hold its meetings in the City Council Chambers (Apricot Room), 799 Moorpark Avenue, Moorpark, California, or such other place within the City as the PAC may from time to time designate. Agency Staff shall be responsible for the posting and delivery of meeting notices and of an agenda of all matters to be discussed or acted upon publicly in the Moorpark City Hall at least seventy -two (72) hours prior to the time specified in the notice of the meeting. All meetings shall be conducted and notice thereof shall be given in conformity with the Ralph M. Brown Public Meeting Law (California Government Code Section 54950, et seq.). [406.2] Meetings to be Open and Public All PAC meetings shall be open and public. All persons shall be permitted to attend any such meetings except as otherwise provided by the Ralph M. Brown Public Meeting Law. [406.3] Agendas and Minutes Agency staff shall prepare and distribute the PAC agendas. Minutes of all PAC meetings shall be prepared in an annotated form consistent to the minutes prepared for the Agency. The minutes of all PAC meetings shall be completed by Agency staff and kept in a file at the Office of the Agency upon approval by PAC. [406.4] Quorum Five (5) members of the PAC shall constitute a quorum, and the presence of a quorum at each meeting shall be necessary for the PAC to conduct its business. A smaller number of PAC Members may adjourn a meeting, until a quorum is present. [406.5] Rules of Order Any conflict matters before the PAC shall be transacted in conformance with the current version of Robert's Rules of Order. [406.6] Attendance Any member who is absent from three (3) consecutive regular meetings shall be deemed to have vacated his or her membership on the PAC. G. [407] Existing Community Organization /Appointment of Representative The Existing Community Organization elected to serve on the PAC pursuant to this Procedure shall appoint one of its members to serve on the PAC. An alternate representative of such elected Existing Community Organization may also be appointed to serve on the PAC in the event that the designated representative is unable to attend a PAC meeting. However, in no event shall more than one member of the Existing G61 Community Organization attend the PAC meeting in his /her official representative capacity. H. [408] Vacancies in Membership Categories - Adjustment of Composition of PAC; Succession If, at the time of formation of the PAC, an insufficient number of candidates are elected to provide representation from each category of membership on the PAC, such seats may remain vacant until qualified and eligible candidates are selected in the manner provided by these Procedures. Until such time as vacant seats on the PAC have been filled, the presence at a meeting of a majority of the occupied seats on the PAC shall constitute a quorum. The existence of any vacancies shall not prevent formation of the PAC or the conduct of business by the PAC. If an insufficient number of candidates are elected in the initial election for any category of PAC membership, the PAC shall set a date and time for a new election for the vacant seat or seats on the PAC. The PAC shall provide further notice of such new election to the persons eligible as described in Sections 301 through 304 hereof for the initial election. If after such subsequent election there is still an insufficient number of candidates elected for any category of PAC membership or a category continues to have no candidate elected, then the vacant seats in such category(ies) may remain unfilled. If after the formation of the PAC a vacancy occurs, the PAC shall call for a new election to fill such vacancy in the manner as provided above, unless the PAC determines that a new election would be infeasible due to such factors as lack of interest of potential members in serving on the PAC, or insufficient time to hold an election prior to the PAC's consideration of the Amendment. In such case the PAC may proceed with members seated on the PAC and the majority of such shall constitute a quorum. [409] Duties of PAC The PAC is formed for the purpose of reviewing and commenting on the proposed Amendment. The PAC may consider other matters as requested by the Agency. 500 ELECTION PROCEDURE A. [501] PAC Applications A candidate for PAC membership must submit a completed PAC Application (the "PAC Application ") to the City's Redevelopment Department which application must be received by the Agency offices no later than September 8, 2005. A copy of the PAC Application is attached hereto as Attachment "B" and incorporated herein by this reference. All PAC Applications submitted shall be available to the general public for review beginning on the business day following submittal. All PAC Applications shall be available at the election meeting described in Section 201 above, and at the offices of the Agency prior to such meeting. Agency offices are located at City Hall 799 Moorpark Avenue, Moorpark, California 93021. 600 ELIGIBILITY REQUIREMENTS FOR PAC MEMBERSHIP A. [601] Evidence of Eligibility Upon submittal of a PAC Application, candidates for PAC membership must present evidence that they are eighteen (18) years of age or older. Candidates are advised that the California Fair Political Practices Commission and the Political Reform Act, Government Code Section 81000, et seq., requires PAC Members to complete Statements of Economic Interest which disclose certain personal financial information concerning such PAC Member (including, for example, certain types of income, financial investments, real property interests, business entity interests, and gifts). A candidate may only run for one category (see Section 401 above) of PAC membership and must present a valid California Identification Card, driver's license, military identification, or similar identification and a true copy of the following evidence as eligibility for the applicable category: Residential Owner - Occupant: Recorded grant deed or property tax bill. 2. Residential Tenant: Executed rental /lease agreement or rent receipt. 3. Business Owner: Business Registration Receipt issued by City, proof of ownership or lease of real property, or recorded grant deed or property tax bill. 4. Existing Community Or Each of the following: (i) proof of existence of the organization as of the time of the PAC informational meeting, (ii) proof of existence, operation, or services provided within the Project Area, such as articles of incorporation, bylaws, lease document, or business license, and (iii) a resolution of the board of directors of such Organization authorizing a representative or alternate representative to act on its behalf for PAC matters. As deemed necessary and appropriate Agency staff may also verify eligibility through other methods. B. [602] Voter Registration Anyone desiring to vote at the PAC election must register at the election meeting to be held on September 15, 2005, by providing satisfactory evidence to the Agency staff that he or she is: (1) at least eighteen (18) years of age or older; and, (2) a Residential Owner - Occupant, Residential Tenant, Business Owner, Business Property Owner, or is the authorized representative (as evidenced by a letter) of a Existing Community Organization. Voter registration will take place at the beginning of the PAC election meeting. Only one individual may vote on behalf of any Residential Owner, Residential Tenant, Business Owner, or Existing Community Organization. Any of the following documents, where appropriate to the category of the voter, may be provided as evidence of eligibility to vote: A driver's license, California Identification Card, military identification, or other official documents (i.e., Alien Registration Card, Passport, etc.), and one of the following: Rental /lease Agreement 2. Rent Receipt 3. Grant Deed to Real Property 4. Property Tax Bill 5. Business Registration Receipt issued by the City 6. Utility Bill 7. Voter Registration 8. Resolution of or Letter from Business 9. Resolution of Existing Community Organization 10. Other Official Documents [Agency staff may also verify eligibility through alternate methods] C. [603] Obtaining Absentee Ballots Anyone who is qualified and desiring to vote at the PAC election but who is unable to attend the election meeting may register and obtain an absentee ballot from the City Clerk's Office beginning seven (7) days prior to the scheduled election until 5:00 p.m. on the last business day before the scheduled election. Evidence of eligibility to vote must be provided as specified herein above. Absentee ballots will not be available on or after the scheduled day of the election. Absentee ballots may be turned in prior to the date of the election as pursuant to Section 606 of this document. D. [604] Candidate Speeches All candidates for each PAC membership category shall be provided an opportunity to make a "campaign speech" at the PAC election meeting. A time limit of three (3) minutes is established for each campaign speech. If a candidate is unable to attend the election meeting, the candidate may designate a representative to make his or her campaign speech. Reasonable rules of order (in the event of dispute, Roberts Rules of Order are to be used) will be applied, considering the number of candidates running in the PAC election. E. [605] Voting Categories Each voter may cast ballots for representatives of that voter's PAC membership category and for the category of Existing Community Organization. To wit: voters who have qualified to vote as Residential Owner - Occupants shall be entitled to vote for representatives of the Residential Owner - Occupant category and for the category of Existing Community Organization. Voters who have qualified to vote as representatives of Existing Community Organizations are entitled to vote only for that category. 9 F. [606] Balloting Ballots shall be provided to registered voters of each PAC membership category; i.e., a Residential Owner - Occupant ballot, a Residential Tenant ballot, a Business Owner ballot, and an Existing Community Organizations ballot. Voting shall be conducted by secret ballot. The City Clerk shall appoint authorized election assistants to collect and tally the ballots. Absentee ballots shall be deposited with designated election assistants any time prior to close of election. The election assistants shall tally the ballots at the PAC election meeting. The City Clerk or Deputy City Clerk shall be present when the ballots are tallied to provide official verification of the results of the PAC election. G. [607] Results /Runoffs The City Clerk or Deputy City Clerk staff shall announce the results of the PAC election at the PAC election meeting after the ballots are tallied. If a runoff is necessary, it shall be announced and held immediately. Ballots shall be maintained by the City Clerk's Office for presentation to the City Council. The retention of election records shall be consistent with the State Elections Code requirements for local elections (Division 17, Retention and Preservation of Election Records). H. [608] Challenges/Validity Any challenge to the PAC or to the electoral procedures followed in connection with the PAC election shall be filed with the City Council within fifteen (15) calendar days following the PAC election. The City Council shall review all challenges so filed and determine if the PAC election was conducted according to the Procedures. The determination shall be made within thirty (30) days following the PAC election. The decision of the City Council shall be final. 700 SPECIAL PROVISIONS A. [701] Compensation of PAC Members The members of the PAC shall serve without compensation. B. [702] Amendment of Procedure These Procedures may be amended from time to time by resolution of the City Council. 10 auu luuu lauu feel This map was originally produced in 1988 and may not include current subdivisions. Attachment A THIS PAGE INTENTIONALLY LEFT BLANK PROJECT AREA COMMITTEE RESIDENTIAL TENANT APPLICATION For Election To The Project Area Committee Proposed Amendment To The Redevelopment Plan For The Moorpark Redevelopment Project Please complete the following: Name: First Middle Initial Last Mailing Address: Daytime Phone: Please place a check mark, below, in the box next to the sentence which best describes your interest for serving on the Project Area Committee and fill -in the blank(s): I am interested in serving on the Project Area Committee because I rent a(n): residence, apartment at the following address within the Project Area: Moorpark, California Number Street Apt. or Space I am interested in serving on the Project Area Committee because (state any other reason): In the space provided below, please provide a brief statement of your qualifications and interest for appointment to the Project Area Committee: I acknowledge and agree that if I should become a Project Area Committee member, I would be subject to the provisions of the Political Reform Act which requires disclosure of certain interests within the proposed Project Area and other interests as required by the Political Reform Act. I further acknowledge that in certain circumstances disclosures may require or result in disqualification. I also understand that as a Project Area Committee member I shall serve without compensation. (Signature) COMPLETED FORMS MUST BE RECEIVED IN THE OFFICES OF THE MOORPARK REDEVELOPMENT AGENCY, CITY HALL, 799 MOORPARK AVENUE, MOORPARK, CA 93021 BY NOVEMBER 29, 2005. FAILURE OF ANY PERSON TO SUBMIT A COMPLETE, SIGNED PAC APPLICATION SHALL ELIMINATE SUCH PERSON FROM CONSIDERATION. Pursuant to CCRL Section 33385(b)(2) the following is an excerpt from the Moorpark Redevelopment Agency's Redevelopment Plan for the Moorpark Redevelopment Project, adopted July 5, 1989 by Ordinance No. 110.' Section 403: Acquisition of Real Property The Agency may purchase, lease, obtain option upon or otherwise acquire any interest in real property located in the Project Area by gift, devise, exchange, purchase, or any other means authorized by law including the use of eminent domain for the purpose of redevelopment. Acquisition of property will generally be achieved by cooperative negotiations between the owner of such property and the Agency. The following restrictions are applicable to the Agency's power of Eminent Domain: 1. All property zoned residential is excluded from eminent domain. 2. All property zoned commercial or industrial that has a residential structure (house) on it and is owner occupied at the time the Redevelopment Plan is adopted (which date shall be June 28, 1989) 2 is excluded from eminent domain so long as the owner occupies the residence. The Agency shall not acquire real property to be retained by an owner pursuant to a participation agreement unless provision for such acquisition is made in the agreement. The Agency is authorized to acquire structures without acquiring the land upon which those structures are located. No eminent domain proceeding to acquire property within the Project Area shall be commenced after twelve (12) years following the date of adoption of the ordinance approving and adopting this Plan. Such time limitation may be extended only by amendment of this Plan. The Agency shall not acquire real property on which an existing building is to be continued on its present site and in its present form and use without the consent of the owner, unless (1) such building required structural alternations, improvement, modernization, or rehabilitation, or (2) the site or lot on which the building is situated requires modification in size, shape, or use, or (3) it is necessary to impose upon such property any of the standards, restrictions and controls of the Plan and the owner fails or refuses to participate in the Plan by executing a participation agreement. Section 404: Acquisition of Personal Property Generally, personal property shall not be acquired, unless such acquisition is necessary in connection with the acquisition of real property. However, where necessary in the execution of the Plan, the Agency is authorized to acquire personal property in the Project Area by ay lawful means. City Council Ordinance 89 -588 adopted July 19, 1989 called a special election to allow "electors of the City" to approve the amended eminent domain language present within the plan, which was subsequently held November 7, 1989. The "electors" determined the amended language shall remain a part of the Plan. 2 Amended by Moorpark City Council Ordinance No. 111 on July 5, 1989. THIS PAGE INTENTIONALLY LEFT BLANK The Following Materials are Included in the Citizen Meeting Packet to Aid in the Understanding of the Project Area Committee Formation Process: • PowerPoint Presentation (November 17, 2005) Hand -Out; and Mailed Notice of Public Meeting (both English and Spanish versions, sent on November 4, 2005). THIS PAGE INTENTIONALLY LEFT BLANK -«;. Proposed Amendment i\!o. 2 to the Redevelopment Plan for the Moorpark Redevelopment Prc�Jec Second Project Area Committee Fornlation Meeting November 17, 2005 Establishing a PAC FJ First PAC election- September 15. 2005 1_l City Council `validated first PAC election: October 5. 2005 0 First PAC klectine' convened and second PAC election called. October 20. 2005 0 Notices sent to all affected residential tenants in the Project Area: November 4,.. 2005 0 Second PAC Election to fill Residential Tenant positions; December 8; 2005 0 City Council may validate the secolid election Januaiy 4 2006 mi�r.1 ,,,,i�,...,.f,�, Purpose of Amendment No. 2 Reactivate F.13tincnt Domain Autltoi-iiN - PreN ious Autumn expircd in July 2001 Amcuded Authorav >a ill last 12 ears Function of the PAC Revim and make rccommendatiotls on scope of Amendment yo. 2 emiiiem domain provisions - PAC term Mists tl rouah consideration of Amendment Mi. 2, acid lilt threc vcars therc.,i ici • sut,�Jcca to one -i za cvcn. ion, by t sir Council Who Sits on the PAC? Adopted PAC Procedures Provide for a aline (9) Member PAC Residential 0xviiei - Occupant::.....: `... 3 Residential Tenaltt.............. Business Owiicr... , . ..... , .. . Existing C.olnnuumty Organization , 1 OIA1. titl.tial3FRS1nP' ............... 9 PAC Members Elected •'Residential O%vner Occupants 17r,�w Le Trobon Jason E. Sala, 87ncti tJ W1111ACI • Business Owners iit�nala � h7 ��� Colin Vdnzque, William -Will" 1 , Whil4akel � • Community 01- anizatlons Jai l la lino, Aioa tt. ubing uthnrih cif the C ouim of VCnana Residential Tenants To Become a PAC Member attendance at this informational ineetinQ it PAC membership aonfication' with 9< 2005 • Make a "campaign" speech at election meeting (optional ) • Receive majority of votes in your respective category b MOORPARK REDEVELOPMENT AGENCY 799 Moorpark Avenue Moorpark, California 93021 (805) 517 -6200 November 4, 2005 Dear Recipient, In conjunction with the City of Moorpark, the Moorpark Redevelopment Agency is looking for persons interested in serving on the Project Area Committee (PAC) for the proposed Amendment No. 2 to the Redevelopment Plan for the Moorpark Redevelopment Project. With respect to this matter, and at the direction of the Moorpark City Council, a PAC election was held on September 15, 2005, to fill four PAC membership categories. As a result of this election three membership categories are now fully represented on the PAC. However, because there were no Residential Tenant candidates represented in this first PAC election, a subsequent PAC election must be held to fill the two available Residential Tenant PAC positions. Attached is the formal notice and schedule of meetings regarding the subsequent PAC election process beginning with an informational meeting to be held on November 17, 2005. As a Residential Tenant we encourage you to join us in this endeavor by attending the informational meeting, becoming a Residential Tenant PAC candidate if desired, and /or to vote in the subsequent PAC election to be held on December 8, 2005. If the vacant Residential Tenant PAC membership positions are not filled as the result of this subsequent PAC election, this category will not be specifically represented on the elected PAC with regard to Amendment No. 2. If you have any questions about this matter please call David Moe, Redevelopment Manager, at (805) 517 -6217. Sincerely, Iugh R. Riley Assistant Executive Director THIS PAGE INTENTIONALLY LEFT BLANK NOTICE OF PUBLIC MEETINGS AND SUBSEQUENT PROJECT AREA COMMITTEE ELECTION OPPORTUNITY TO SERVE ON THE PROJECT AREA COMMITTEE FOR THE PROPOSED AMENDMENT NO. 2 TO THE REDEVELOPMENT PLAN FOR THE MOORPARK REDEVELOPMENT PROJECT The Moorpark Redevelopment Agency (the "Agency ") is processing the proposed Amendment No. 2 (the "Amendment ") to the Redevelopment Plan (the "Plan ") for the Moorpark Redevelopment Project (the "Project" or "Project Area" [map enclosed with this notice packet]), in accordance with California Community Redevelopment Law (CCRL; Health and Safety Code Section 33000 et seq.) Section 33333.2(a)(4) et al., for the specific purpose of reinstating the Plan's eminent domain provisions for an additional 12 -year period. The City Council of the City of Moorpark (the "City Council ") has called upon residents, business owners, and existing community organizations in the Project Area to form a Project Area Committee (PAC). The PAC will review and make recommendations to the City Council with regard to the Amendment. The City Council has established procedures (the "Procedures ") regarding PAC formation and operation; the Procedures are available for public review and copying during regular office hours (8:00 a.m. to 5:00 p.m., Monday through Friday) at the Agency offices, 799 Moorpark Avenue, Moorpark, California. As directed by the City Council a PAC election was held September 15, 2005, to form and establish PAC membership. However, there were no Residential Tenant candidates to fill the two available Residential Tenant PAC positions and, therefore, pursuant to the Procedures, a subsequent PAC election must be held in an effort to fill these vacant positions. Only Residential Tenants within the Project Area are eligible to attain candidacy and /or to vote in the subsequent PAC election. NOTICE IS HEREBY GIVEN that a pre -PAC informational meeting will be held for the purpose of explaining the subsequent PAC election and PAC operation processes, and the Amendment, as follows: November 17, 2005 6:30 p.m., or as soon thereafter as possible City Council Chambers (Apricot Room) 799 Moorpark Avenue Moorpark, CA 93021 Copies of the Procedures, including PAC candidate application forms, will be available at this informational meeting. NOTICE IS FURTHER GIVEN that pursuant to CCRL Section 33385(d)(1) and Section 408 of the Procedures, the subsequent PAC election will be held on: December 8, 2005 8:00 p.m., or as soon thereafter as possible City Council Chambers (Apricot Room) 799 Moorpark Avenue Moorpark, CA 93021 Please be advised that voter registration /candidate speeches (optional) will begin at 7:00 p.m.; voting will commence at 7:30 p.m.; and voting booths will close after last registered voter casts his /her ballot. NPM_ServePAC_Moorpark I aw_10/14/05 NOTICE IS FURTHER GIVEN that pursuant to CCRL Section 33385(d)(2), the City Council will hold a public meeting to formally approve the newly elected members for the PAC on: January 4, 2006 7:00 p.m., or as soon thereafter as possible City Council Chambers (Apricot Room) 799 Moorpark Avenue Moorpark, CA 93021 If you have questions regarding the above matters you may call David Moe, Redevelopment Manager, at (805) 517 -6217. /s/ Secretary of the Agency November 4, 2005 Date NPM_ServePAC_Moorpark 2 aw_10/14/05 CANDIDATE APPLICATION AND VOTER REGISTRATION Please be advised that the following documents may be provided as evidence of eligibility to apply as a Residential Tenant PAC candidate, and /or to register to vote as a Residential Tenant, in the subsequent PAC election (December 8, 2005): A California driver's license, California identification card, military identification card, or other official documents (i.e., Alien Registration Card, Passport, etc.), and one of the following: Rental /lease Agreement 2. Rent Receipt 3. Utility Bill 4. Voter Registration Card 5. Other Official Documents [Agency staff may also verify eligibility through alternate methods] NPM_ServePAC_Moorpark I aw_10/14/05 THIS PAGE INTENTIONALLY LEFT BLANK MOORPARK REDEVELOPMENT AGENCY 799 Moorpark Avenue Moorpark, California 93021 (805) 517 -6200 4 de noviembre de 2005 Estimado Destinatario, En conjunto con la Ciudad de Moorpark, la Agencia de Reurbanizaci6n estd buscando personas interesadas en formar parte del Comite del Area del Proyecto (PAC) para la Enmienda Propuesta No. 2 al Plan de Reurbanizaci6n para el Proyecto de Reurbanizaci6n de Moorpark. Con respecto a esto, y bajo la direcci6n del Consejo Municipal de Moorpark, una elecci6n de PAC se realiz6 el 15 de septiembre de 2005, para completar las cuatro categorias de membresia de PAC. Como resultado de esta elecci6n tres categorias de miembros ahora se encuentran completamente representadas en el PAC. Sin embargo, Como no habia representantes de candidatos inquilinos residenciales en esta primera elecci6n PAC, una elecci6n PAC siguiente debe realizarse para completar las dos posiciones PAC disponibles para inquilinos residenciales. Adjunto se encuentra la notificaci6n formal y el horario de las reuniones con respecto al proceso de elecci6n de PAC siguiente comenzando con una reuni6n informativa a realizarse el 17 de noviembre de 2005. Como inquilino residencial to alentamos a que se una a nosotros en este esfuerzo al acudir a la reuni6n informativa, postularse como candidato PAC inquilino residencial si to desea, y/o votar en la elecci6n PAC siguiente a realizarse el 8 de diciembre de 2005. Si las posiciones de membresia PAC para inquilinos residenciales no se completan en esta pr6xima elecci6n PAC, esta categoria no sera representada especificamente dentro del PAC elegido con respecto a la Enmienda No. 2. Si tiene alguna pregunta sobre este asunto por favor comuniquese con David Moe, Gerente de Reurbanizaci6n, al (805) 517 -6217. Atentamente, 'Hagh R. Ailey Asistente del Director Ejecutivo THIS PAGE INTENTIONALLY LEFT BLANK IIIIIIiRI NOTIFICACION DE REUNIONES PUBLICAS Y ELECCION SUBSIGUIENTE DEL COMITE DE PROYECTO DEL AREA OPORTUNIDAD DE SERVIR EN EL COMITE DEL PROYECTO DEL AREA PARA LA ENMIENDA PROPUESTA NO. 2 AL PLAN DE REURBANIZACION PARA EL PROYECTO DE REURBANIZACION DE MOORPARK La Agencia de Reurbanizaci6n de Moorpark (la "Agencia ") esta procesando la Enmienda Propuesta No. 2 (la "Enmienda ") al Plan de Reurbanizaci6n (el "Plan ") para el Proyecto de Reurbanizaci6n de Moorpark (el "Proyecto" o "Proyecto del Area" [se adjunta un mapa con este paquete informativo]), conforme a la Ley de Reurbanizaci6n Comunitaria de California (CCRL; C6digo de Salud y Seguridad Secci6n 33000 et seq.) Secci6n 33333.2(a)(4) et al., con el fin especifico de reinstalar autoridad de dominio eminente del Plan por un periodo adicional de 12 anos. El Consejo Municipal de la Ciudad de Moorpark (el "Consejo Municipal ") hace un Ilamado a sus residentes, duenos de empresas, y organizaciones comunitarias existentes en el Area del Proyecto para formar un Comite del Proyecto del Area (PAC). El PAC revisara y hara recomendaciones con respecto a la Enmienda. El Consejo Municipal ha establecido procedimientos (los "Procedimientos ") con respecto a la formaci6n y funcionamiento del PAC; los Procedimientos se encuentran disponibles para su revisaci6n y copiado de parte del publico durante horario normal de oficina (8:00 a.m. a 5:00 p.m., lunes a viernes) en las oficinas de la Agencia, 799 Moorpark Avenue, Moorpark, California. Bajo la direcci6n del Consejo Municipal una elecci6n del PAC fue realizada el 15 de septiembre de 2005, para formar y establecer una membresia PAC. Sin embargo, no habia candidatos inquilinos residenciales para completar las dos posiciones PAC disponibles para inquilinos residenciales y, por to tanto, conforme a los Procedimientos, una elecci6n PAC siguiente debe ser realizada en un esfuerzo para completar las posiciones vacantes. Solamente inquilinos residenciales dentro del Area del Proyecto son elegibles para candidaturas y/o votaci6n en la siguiente elecci6n PAC. SE NOTIFICA POR LA PRESENTE que una reuni6n previa informativa PAC se Ilevara a cabo con el fin de explicar la siguiente elecci6n PAC, el funcionamiento de PAC y la Enmienda, a saber: 17 de noviembre de 2005 6:30 p.m., o tan pronto como sea posible despues de esta hora Camara del Consejo Municipal (Sal6n Apricot) 799 Moorpark Avenue Moorpark, CA 93021 Copias de los Procedimientos, incluyendo formularios para candidatos PAC, estaran disponibles en esta reuni6n informativa. SE NOTIFICA ADEMAS que confirme a CCRL Secci6n 33385(d)(1) y Secci6n 408 de los Procedimientos, la elecci6n PAC siguiente se realizara el: 8 de diciembre de 2005 8:00 p.m., o tan pronto como sea posible despues de esta hora Camara del Consejo Municipal (Sal6n Apricot) 799 Moorpark Avenue Moorpark, CA 93021 Queda notificado que el registro de votantes/ discursos de los candidatos (opcional) comenzara a las 7:00 p.m.; la votaci6n comenzara a las 7:30 p.m.; y las cabinas de votaci6n cerraran despues que el ultimo votante registrado haya emitido su voto. SE NOTIFICA ADEMAS que conforme a CCRL Secci6n 33385(d)(2), el Consejo Municipal Ilevara a cabo una reuni6n publica para aprobar formalmente los nuevos miembros elegidos del PAC el: 4 de enero de 2006 7:00 p.m., o tan pronto como sea posible despu6s de esta hora Camara del Consejo Municipal (Sal6n Apricot) 799 Moorpark Avenue Moorpark, CA 93021 Si tiene alguna pregunta sobre to anterior puede Ilamar a David Moe, Gerente de Reurbanizaci6n, al (805) 517 -6217. Secretaria de la Agencia 14 4 de noviembre de 2005 Fecha POSTULACION PARA CANDIDATOS Y REGISTRO PARA VOTANTES Por favor notifiquese que los siguientes documentos pueden ser proporcionados como evidencia de elegibilidad para postularse como candidato PAC inquilino residencial y/o para registrarse a votar como un inquilino residencial, en las siguiente eleccion PAC (8 de diciembre de 2005): Una licencia de conducir de California, un tarjeta de identificacion de California, una tarjeta de identificacion militar, u otros documentos oficiales (ej. Tarjeta de Registro de Extranjero, Pasaporte, etc.), y uno de los siguientes: Acuerdo de Renta /alquiler 2. Recibo de Renta 3. Factura de un Servicio Publico 4. Tarjeta de Registro de Votante 5. Otros Documentos Oficiales [Empleados de la Agencia pueden verificar elegibilidad por medio de metodos alternativos] THIS PAGE INTENTIONALLY LEFT BLANK JANUARY 26, 2006 MEETING INFORMATION City of Moorpark and the Moorpark Redevelopment Agency PAC Meeting Agenda DATE: January 26, 2006' TIME: 7:00 p.m. LOCATION: City Council Chambers (Apricot Room) 799 Moorpark Avenue Moorpark, CA 93021 I. Meeting Called to Order (by order of the Chair) II. Business PAC Meeting No. 3 January 26, 2006 A. Consideration and Approval of November 17, 2005 meeting minutes (see Agenda Attachment A) B. Public comment C. Staff Reports on 1. City Council direction regarding PAC requests for interpreter, independent legal counsel, and recordation of minutes (Redevelopment Manager; see Agenda Attachment B) 2. Project Area Committee Agenda Report: Monthly update of Agency Redevelopment Projects (Redevelopment Manager; see Agenda Attachment C) 3. Presentation of Redevelopment in Hanford, California (UFI; see Binder Tab B) III. Announcements IV. Set Future meeting, Dates and Next PAC Meeting _A eg nda A. Proposal to schedule next PAC meetings on February 9, and March 16, 2006 B. Set Next PAC meeting Agenda V. Adjourn Meeting (by motion or by order of the Chair) 1 Originally scheduled January 19, 2006. Meeting date was postponed until January 26, 2006. Z: \00PIn Acuve\Moorpark \002\PAC Mtg_ 2006- 01- 19\Agenda_2006_01_19.doc JES_01 /18/06 THIS PAGE INTENTIONALLY LEFT BLANK w City of Moorpark and the Moorpark Redevelopment Agency Attachment A PAC Meeting Minutes DATE: November 17, 2005 TIME: 7:30 p.m. LOCATION: City Council Chambers (Apricot Room) 799 Moorpark Avenue Moorpark, CA 93021 PAC Meeting No. 2 November 17, 2005 Present: Will Whitaker, Ron Krepel, Colin Velazquez, Dale Whitaker and Drew LeProhon Staff Present: David Moe, Redevelopment Manager and Joe Montes, City Attorney Consultants Present: Jon Huffman and Richard Tillberg, Urban Futures, Inc. Meeting Called to Order (by order of the Chair) The meeting was called to order at 7:39 p.m. II. Business A. Consideration and Approval of October 20, 2005, Meeting Minutes The minutes were approved. B. Public Comment Joan Martinez, 184 Charles Street, requested to have a PAC Agenda mailed out to her. C. Staff Reports 1. Amended City Council direction regarding subsequent PAC election (Redevelopment Manager) Staff discussed the changes the City Council made to the PAC Procedures. Minutes 2005- 11 -17Att A/JES 1/10/06 City of Moorpark and the Moorpark Redevelopment Agency PAC Meeting No. 2 November 17, 2005 2. Request for PAC legal counsel (City Attorney) The PAC made a request to have the City Council provide them with an independent legal counsel. 3. Request for PAC interpreter (Redevelopment Manager) The PAC made a request to have the City Council provide them with a Spanish interpreter to attend meetings if the need arises. 4. Request for Recordation of Minutes (City Attorney) The PAC made a request to the City Council to have the minutes of the PAC meetings tape recorded and transcribed verbatim. 5. Review of eminent domain policies from other communities as basis for discussion of eminent domain in Moorpark (Redevelopment Manager) Staff presented and distributed nine other eminent domain policies from surrounding communities. 6. Flow of Communication vis -a -vis PAC members to Agency staff (City Attorney) The City Attorney discussed the flow of communication between the PAC members and staff. 7. Insurance Coverage (City Attorney) The City Attorney informed the PAC that they are considered a city committee and are covered by the city's insurance policy. D. Distribution of Relocation Law (California Code of Regulations, Title 25) Staff distributed copies of the State Relocation Law to the PAC. III. Announcements None. IV. Set Next PAC Meetinq Agenda and Date January 26, 2006, at 7:00 p.m. Minutes 2005 -11 -17 Att A/JES 1/10/06 City of Moorpark and the Moorpark Redevelopment Agency V. Adjourn Meeting (by motion or by order of the Chair) The meeting was adjourned at 9:28 p.m. Minutes 2005 -11 -17 Au A/JES 1/10/06 PAC Meeting No. 2 November 17, 2005 THIS PAGE INTENTIONALLY LEFT BLANK Attachment B PROJECT AREA COMMITTEE AGENDA REPORT TO: Project Area Committee (PAC) FROM: David C. Moe II, Redevelopment Manager DATE: January 13, 2006 (PAC Meeting of 1/26/06) SUBJECT: Request for Additional Funding for the Project Area Committee (PAC) RAMMIRMNn On November 17, 2005, the second PAC meeting was held. At this meeting the PAC discussed the tools they thought would be necessary to adequately review the proposed Second Amendment to the Moorpark Redevelopment Plan to reinstate the Moorpark Redevelopment Agency's (`Agency ") eminent domain authority ( "Amendment ") for a twelve year period. The following is a list of the requested items: 1. Independent Legal Counsel. The PAC is requesting an independent legal counsel that specializes in redevelopment law to assist them with analyzing the Amendment. The legal counsel would be utilized on an "as needed basis ". It is estimated that the cost would be $200 -$250 per hour. 2. Spanish Interpreter. A Spanish interpreter is desired to allow the Spanish speaking population to participate in the amendment process. The interpreter would only be utilized if the need arises. The cost for the interpreter is estimated to be $400 per meeting. 3. Recordation of Minutes. The PAC would like to have all meetings video taped and transcribed verbatim. Copies of the transcription would be mailed out to all PAC members. The cost to provide this service is estimated to be $300 for Videomax Productions to tape the meeting and $250 to have a verbatim transcription prepared, or $550 per meeting. Staff time and attendant costs for reviewing and correcting the transcribed minutes would be an additional $100 -$200. DISCUSSION On December 21, 2005, the City Council considered the PAC's request for additional funding under section 33388 of the California Community Redevelopment Law (CCRL). After a lengthy discussion, the City Council decided the following: 1. Continue to have the City Attorney's Office provide legal service to the PAC on an as needed basis. 2. Utilize a bilingual city employee to provide translation services when requested no less than one week prior to the PAC meeting. 3. Authorize six (6) meetings to be video taped by Videomax Productions and continue utilizing action minutes for the PAC meetings. The City Council also established a timeframe for the PAC to review the Amendment. Section 33385.5 of the CCRL requires the Agency to forward copies of the proposed Amendment to the PAC at least 30 days before the joint public hearing between the Agency and City Council. The PAC may prepare a report and recommendations for submission to the City Council. If the PAC opposes the adoption of the Amendment, the City Council may only adopt the Amendment by a two- thirds vote of its entire membership eligible and qualified to vote on such amendments. The date of the joint public hearing is April 5, 2006. The Agency will define the Amendment and forward copies to the PAC for review. The PAC will need to submit their recommendation to the City Council by March 24, 2006. Attachment C PROJECT AREA COMMITTEE AGENDA REPORT TO: Project Area Committee (PAC) FROM: David C. Moe II, Redevelopment Manager DATE: January 6, 2006 (PAC Meeting of 1/26106) SUBJECT: Monthly Update of Redevelopment Projects Below is the first monthly update of redevelopment projects in the Moorpark Redevelopment Project Area, as requested by the PAC. The projects are updated through December 2005. Information on other city projects can be obtained on the city's website at www.ci.moorpark.ca.us by going to City Government/City Manager's Office /Monthly Report to Council. Theater on High Street: Staff is operating the theater in the interim until a professional management company can be hired to assume the day to day responsibilities. Relocation Consultant: The Professional Service Agreement for relocation services with Overland, Pacific & Cutler has been executed and a notice to proceed has been issued. The consultant will provide relocation assistance to the Agency for acquisition activities. Fitch Avenue: Giron Engineering submitted the parcel map for the third plan check. The parcel map should record in thirty days, at which time escrow will be opened with Hull Holdings, LLC, for development of an industrial building on a remnant portion of the city's new corporation yard. 467 High Street: The City Council approved the proposed sale of property to the Moorpark Group, LLC on December 21, 2005, for development of a commercial building. The developer is now analyzing how the moratorium will affect the project. High Street Commercial: Aszkenazy Development, Inc. and staff are continuing to negotiate the deal points of the potential disposition and development agreement (DDA). CVE Engineering has completed the ALTA survey of the property south of High Street from Moorpark Avenue to Spring Road. 81 Charles Street: The Agency is in the process of rehabilitating the structure at 81 Charles Street. Proposals are being solicited for construction management services to oversee the project. Vacant Lot at 81 First Street: Escrow has been closed. Staff is in the process of hiring an architect to prepare house plans for construction of a single family dwelling. Please contact me at 517 -6217 if you have any questions. Z: \00PIn Active \Moorpark \002 \PAC Meeting No. 3 \PAC Report 1_19-06—Aft C.doc THIS PAGE INTENTIONALLY LEFT BLANK • Redevelopment ]-� =,- alifornic. • Colll III Lill ity Rec . )pment Di <uest • Fc " 'lity Opir i aratic � - 11)Jil R 11' icdc' 19.10 5 -19'0 C �duclo, _. ❑t Uo itolma 1945 .. Cm,uuuv jo >� eSrl -: \side 1Q'6 i unl� 17-� :1R I?90 1 994 SB I11. SB, >?� —10o1 In thc?U0t1 -01 1',,tl � •ar. 3 -, ul -! 76 chic, in California 77 Projccl A ras carp use in ,iie from ' to nwrc than 46.000 acres A ,.+A+ (alight Remu�al- ,.� Economic S ph-\ -\ deal •• End t ula�e Lc notnic ,S�t/ ��� Doclopnun t oi the Con:mLHIM - t E o I acilitatc General Plan Implementation . Provide Inastructure fr Public Facilities . Promote Job Creation y -' PLAN yy J)0 'T ON ° fC':i St lid lt\ lllld� (�)I)Il�il:t1� - Idcnut� "U banvanod -. Besnn I31i_ht Doaiincnm Unn I In�l i t. n11 - } 11 I.l[l'� Il<i�i �� Rid �OPIYII t' ,n ♦'1ld IT1�`IIf ................ f lino r �i X. ! l >hle IJ _ v.,n ... ...... ,,,,,,,,, • Pih .. Rcdc iopmc.. d — 7 A r to t� <I: @17t � ..s3i71 •' W, kE <. FUNDAMENTAL AGENCY P VLRS: Property Tax Redisn,r n Borrow Against Futur,,. 'ropci- Taxes (T.ix Increment � Asa° Acqui.�_ -,,-, Dispose of ; (y for Private, 3;- ,�velopinent Establishing a Redevelopment Agency DOES NOT AFFECT � Property Taxes or Property Tax Rates C ' W, kE <. FUNDAMENTAL AGENCY P VLRS: Property Tax Redisn,r n Borrow Against Futur,,. 'ropci- Taxes (T.ix Increment � Asa° Acqui.�_ -,,-, Dispose of ; (y for Private, 3;- ,�velopinent Establishing a Redevelopment Agency DOES NOT AFFECT � Property Taxes or Property Tax Rates $100.000— Ago of Tai P M1I dan , , Snl P ss Thr u_hl Femuila �llgency� h!T.iK Entities "PARCEL SPE[ UIC" TAX INCREMENT 11OUEL Fn Euah . �� 00,0 00 of Ta, R,,i-nuc im.�xne Ta. v'i tree B—d VIP- 1 4 'r Can Ta, Rat, So G1ty $100.000— Ago of Tai P M1I dan , , Snl P ss Thr u_hl Femuila �llgency� h!T.iK Entities Mi,- NET NEW TAX DOLLARS TO HANFORD (per S100,000 1UIC Increment Revenue) $ 70,000 14,760 55,240 LNII AFFORDABLE HOUSING SET -ASIDE F Increase. improve K Press Affordable IousinL, S S s 7% E a4 LMI Affo z� bl( dousing Production aclusionat� Rule" "Replacement Rule MM .� _ .,., r 3 Sample General RDA Programs Lconomic Dcvciupmrnt P . Sample ` lousing Fund Jgl'81775 i Nev,- Constructloll JNI� 1 Tonle Loans Rehabilitation Loans & Grants M 704v I ft I okr 0 D 1975- Kings Industrial Park Project Area Created 11)83, Amendment No. 3 Added Approx, 920 Acres &, Changed Project Nanic to A lanford ComIllUllit) Redc\ eloprilerit Project lom _ \,ricrldnicnt No. 5 Adopted Modifications of Existing Plmi"s Fiscal & Tirric Cap 1.1111its N, Hq I d Y Hanford Community Redevelopment Project Net Tax Increm,. elections 1, T, 14, lr(wwltwr,rY WMEYFAU'll Vill; F NI ��Cy W " R,R-- Al" F, — A gj�t i e P r h f meter Systeirie� Plarip Capacity Upgades, I Iroi e ct AreamSig la ge & Landscal'"' -laho & I I th Avenue Improvements i ,-,tnd- Survevs', .�lope�` Assistance Various lP REDEVELOPMENT STIJDY AREA. N"d,"W Evaluate StudN Area for: I-cuill Collsldciafions la hLilli/mIml I-vScal Bcnefit Nc\N Plan or \rricridnient (-olllllltlllit\ Collscllstls Potential tor & T\ pes of -Agency Assistance RQ\tcN\ Polcrilial I'mic Fiallics IM mA, aa- 1�4 5PRE s� ......... . Evaluate Study Area for-: I'vL"al Considerations Lrbuninnum Bh,ht C� Necessih I- iscal Bcnc tit N,c\\ Plan or Amendment ( 0111111MIM Consensus Potential t6r & T\ lies ot'Ageacy Assistance Re\ icN\ Potential Time Frames 777,-, r MARCH 16,2006 MEETING INFORMATION City of Moorpark and the Moorpark Redevelopment Agency PAC Meeting Agenda DATE: March 16, 2006 TIME: 7:00 p.m. LOCATION: City Council Chambers (Apricot Room) 799 Moorpark Avenue Moorpark, CA 93021 POST: On or before 5:00 p.m., Monday, March 13, 2006 I. Meeting Called to Order (by order of the Chair) II. Business Proposed Amendment No. 2 PAC Meeting No. 4 March 16, 2006 A. Consideration and Approval of January 26, 2006, meeting minutes B. Public comment C. Presentations: 1. Proposed eminent domain legislation presentation by representatives of California State Senator McClintock's office. 2. Moorpark Redevelopment Agency Report from March 1, 2006, Agency meeting — eminent domain policy options one through three as presented to the Agency (Redevelopment Manager) 3. Relocation process presentation by representatives of Overland, Pacific, and Cutler, Inc. 4. Project Area Committee Agenda Report: Monthly update of Agency Redevelopment Projects (Redevelopment Manager) 5. Agency /City Council joint public hearing date extension (Redevelopment Manager) 6. Documents related to initial adoption of the Moorpark Redevelopment Project (PAC Chairman) III. Announcements IV. Set Next PAC Meeting Date and Agenda Items V. Adjourn Meeting (by motion or by order of the Chair) Z: \00PIn Active\Mootpuk \002\PAC Mtg_ 2006- 03- 16\Agenda_2006_03_16.02.doc JES_03/068/06 City of Moorpark and the Moorpark Redevelopment Agency Attachments: Proposed Amendment No. 2 PAC Meeting No. 4 March 16, 2006 Attachment A: Minutes from January 26, 2006 Attachment B: Agency Report RE: Eminent Domain Policy Options Attachment C: Monthly Update of Agency Redevelopment Projects Attachment D: Documents Related to Initial Adoption of Moorpark Redevelopment Project Z: \00PIn Ac6ve\Moorpark \002\PAC Mtg_ 2006- 03- 16\Agenda_2006_03_16.02.doc JES_03/068/06 City of Moorpark and the Moorpark Redevelopment Agency Attachment A ANNOTATED MINUTES PAC Meeting Agenda DATE: January 19, 2006 TIME: 7:00 p.m. LOCATION: City Council Chambers (Apricot Room) 799 Moorpark Avenue Moorpark, CA 93021 PAC Meeting No. 3 January 19, 2006 Present: Will Whitaker, Ron Krepel, Colin Velazquez, Dale Whitaker, Jason Salas, Jay Flashner and Drew LeProhon Staff Present: David Moe, Redevelopment Manager Consultants Present: Jon Huffman and Richard Tillberg, Urban Futures, Inc. I. Meeting Called to Order (by order of the Chair) Dale Whitaker called the meeting to order at 7:07 p.m. II. Business A. Consideration and Approval of November 17, 2005 meeting minutes (see Agenda Attachment A). Flashner made the motion to approve the minutes as written, second by Kropel. The motion was unanimous approved. B. Public comment A gentleman from the audience asked if he could have a map of the Redevelopment Project Area and requested more information. Dale Whitaker said he would provide the gentleman with the requested information. C. Staff Reports City of Moorpark and the Moorpark Redevelopment Agency PAC Meeting No. 3 January 19, 2006 1. City Council direction regarding PAC requests for interpreter, independent legal counsel, and recordation of minutes (Redevelopment Manager; see Agenda Attachment B). Moe presented the City Council's response Flashner made the motion to request that counsel or a different person in the Burk Office who has no connection to the City Redevelopment Law, second by Velazquez. Sa /as voting against. to the PAC's requested items. the PAC have separate legal e, Williams & Sorensen Law of Moorpark specializing in The motion passed 6 -1 with 2. Monthly update of Agency Redevelopment Projects (Redevelopment Manager; See Agenda Attachment C) Moe presented the monthly updated of redevelopment projects. The PAC discussed the scheduling of the Joint Public Hearing at length. Velazquez made the motion to request the Joint Public Hearing be delayed 90 days, second by Krepel. The motion passed 6 -1 with Flashner voting against. 3. Presentation of Redevelopment in Hanford, California (UFI; See Binder Tab B) Tillberg and Huffman presented a powerpoint on redevelopment and answered questions from the audience and PAC. III. Announcements None IV. Set Future meeting Dates and Next PAC Meeting Agenda A. Proposal to schedule next PAC meetings on February 9, and March 16, 2006 Will Whitaker made a motion to have the next PAC meeting on March 16, 2006, second by Velazquez. The motion passed 6 -1 with Flashner voting against. B. Set Next PAC meeting Agenda The PAC requested the following items be placed on their next agenda: 1. Presentation from a representative of Senator McClintock's office ,It-k City of Moorpark and the Moorpark Redevelopment Agency 2. Relocation benefits 3. Eminent Domain 4. Amendment #1 PAC Meeting No. 3 January 19, 2006 The PAC also requested that they have legal counsel and a Spanish interpreter attend their next meeting. V. Adjourn Meeting (by motion or by order of the Chair) Dale Whitaker adjourned the meeting at 9:15 p.m. THIS PAGE INTENTIONALLY LEFT BLANK ITEM 4. A ATTACHMENT B MOORPARK REDEVELOPMENT AGENCY AGENDA REPORT TO: Honorable Agency Board of Directors FROM: David C. Moe 11, Redevelopment Manager DATE: February 17, 2006 (Agency Meeting of March 1, 2006) SUBJECT: Consider Resolution Defining the Proposed Amendment No. 2 to the Redevelopment Plan for the Moorpark Redevelopment Project and Forwarding Copies to the Project Area Committee and Planning Commission for Their Review and Comments BACKGROUND On January 18, 2006, the Moorpark Redevelopment Agency ( "Agency ") and the City Council scheduled a Joint Public Hearing ( "Hearing ") to receive comment on the Amendment No. 2 ( "Amendment ") to the Redevelopment Plan ( "Plan ") for the Moorpark Redevelopment Project ( "Project Area "), for the purpose of reinstating the Agency's eminent domain authority for a maximum 12 -year period, as permitted by California Community Redevelopment Law (CCRL; Health and Safety Code Section 33000 et seq.). The Hearing was set for April 5, 2006 in the City Council Chambers, beginning at 7:00 p.m. or shortly thereafter. On January 19, 2006, the Project Area Committee ( "PAC ") held their third meeting to review the Amendment. At this meeting the PAC requested the Hearing be postponed for 90 days so they can have sufficient time to review the Amendment and make an informed recommendation to the City Council. After reviewing the PAC's request and the tight timeframe to provide the required public notification for the Hearing, it was determined that there was not sufficient time to address the PAC's request and meet the notification requirement. The Hearing has tentatively been rescheduled for July 19, 2006. DISCUSSION As part of the Amendment adoption process and pursuant to the provisions of the CCRL, the Agency shall forward copies of the proposed Amendment to the PAC and Planning Commission at least 30 days before the Hearing. However, before the Amendment can be referred, the extent of the Agency's eminent domain authority will need to be defined. Therefore, in order to move forward with the Hearing, the Agency will need to define the Amendment and refer it to the PAC and Planning ()C `oc I Moorpark Redevelopment Agency March 1, 2006 Page 2 Commission for their review and comment. Staff has prepared three options for the Agency to define its eminent domain authority: OPTION ONE Option one is to reinstate the Agency's existing authority as defined in Ordinance 111. This option would allow the Agency to acquire commercial and industrial property by use of eminent domain, but would exclude property zoned residential and property zoned commercial and industrial that has an owner occupied residential structure (house) at the time Ordinance 111 was adopted (June 28, 1989). The number of properties zoned commercial and industrial that had an owner occupied structure (house) at the time Ordinance 111 was adopted has diminished. The number is less, because the original owners that occupied the residence have transferred the property to someone else or are currently renting the property to a tenant. Ordinance 111 excluded the original owners from Agency's eminent domain authority; not the property. Of the 43 owner occupied residences with commercial or industrial zoning only 5 properties are still excluded by Ordinance 111 from the Agency's eminent domain authority. OPTION TWO Option two is to have full eminent domain authority for the Agency. This option would allow the Agency to purchase, lease, obtain option upon or otherwise acquire any interest in real property located in the Project Area to eliminate blight. If this option is selected, the residents of Moorpark would need to approve it by a city wide election. The election could be held 127 days after the City Council calls for the election. This option would impact the 5 property owners protected by Ordinance 111 and all property zoned residential. OPTION THREE The third option is a hybrid of option one and two. Under this option the Agency would continue to have authority to acquire property zoned commercial and industrial through eminent domain, as provided by Ordinance 111, and have limited authority to acquire residentially zoned property. The Agency would have the ability to acquire residential property with a density of 14 dwelling units per acre or higher; any residential property, not occupied by the original owner since June 28, 1989, in a certain geographic area called the "Focus Area" (Attachment 1); and any vacant residentially zoned property throughout the Project Area, provided the property has been vacant since June 28, 1989. Option three is the preferred option. This option would provided the Agency with the ability to acquire large multi family developments with a density of 14 dwelling units Moorpark Redevelopment Agency March 1, 2006 Page 3 per acre or higher and would exclude small multi family and single family units, with the .exception of the Focus Area for unrestricted eminent domain authority. The ability to use eminent domain in the Focus Area is critical to eliminating blight in the Project Area. This area needs public infrastructure improvements, is poorly designed, and contains some of the worst housing conditions in the city. The only method to successfully improve the quality of life for the residents in this area is through redevelopment; not having the ability to utilize eminent domain in this area will be an impediment to the revitalization effort. In the Focus Area, there are approximately 23 owners that have resided on the property since 1989. These properties would be excluded from the Agency's eminent domain authority. However, this does not exclude them from utilizing redevelopment assistance such as a rehabilitation loan to improve their property. The Agency would also be able to acquire vacant residential property throughout the Project Area, provided the property has been vacant since June 28, 1989. This would be an excellent tool to eliminate blighting influences in residential areas and provide additional opportunities to provide affordable housing in the community. The intent of the proposed language is to serve as a starting point for the PAC and Planning Commission to review the Amendment and base their comments and recommendation to the City Council. The final decision on the Agency's eminent domain authority will be made by the City Council at the Hearing. RECOMMENDATION: 1) Approve option three to define the Amendment and refer to PAC and Planning Commission for comment. 2) Adopt Resolution No. 2006 - Attachment I Map of Proposed Focus Area Attachment II Resolution OONY- 3 THIS PAGE INTENTIONALLY LEFT BLANK 4TSIlTc1:� oft ME 0 THIS PAGE INTENTIONALLY LEFT BLANK ATTACHMENT II RESOLUTION NO. 2006- A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK, CALIFORNIA, DEFINING THE PROPOSED AMENDMENT NO. 2 TO THE REDEVELOPMENT PLAN FOR THE MOOPARK REDEVELOPMENT PROJECT AND FORWARDING COPIES TO THE PROJECT AREA COMMITTEE AND PLANNING COMMISSION FOR THEIR REVIEW AND COMMENTS WHEREAS, the Redevelopment Agency of the City of Moorpark ( "Agency ") is preparing the proposed Amendment No. 2 ( "Amendment ") to the Redevelopment Plan ( "Plan ") for the Moorpark Redevelopment Project ( "Project "), in accordance with the California Community Redevelopment Law (CCRL; Health and Safety Code Section 33000 et seq.) and the related Negative Declaration of Environmental Impact ( "Negative Declaration ") therefore; and WHEREAS, the sole purpose for the Amendment is to reinstate the Agency's eminent domain authority for an additional 12 -year period in the Project Area, as permitted by the CCRL, which may, subject to voter approval, include authority to acquire property not limited to specific land uses; and WHEREAS, the CCRL requires a "Joint Public Hearing" of the Agency and the City Council of the City of Moorpark ( "City Council "), publication and transmittal of notice of same and to have any interested persons be heard with respect to the Amendment, the Negative Declaration therefore and related matters; and WHEREAS, the Agency and City Council have consented to an April 5, 2006 Joint Public Hearing to review and take comment on the Amendment; and WHEREAS, the Joint Public Hearing was postponed 90 days at the request of the Project Area Committee; and WHEREAS, the extent of the Agency's eminent domain authority has not been defined thus far in the Amendment; and WHEREAS, the Project Area Committee and Planning Commission shall have an opportunity to commit on the Amendment, in accordance with CCRL. NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The Agency has defined the Amendment and refers it to the Project Area Committee and Planning Commission for their review and comment. tat1 C, C. (_ 5 SECTION 2. The Agency Secretary shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this 1St day of March, 2006. Patrick Hunter, Chair ATTEST: Deborah S. Traffenstedt, Agency Secretary 0000(-b ATTACHMENT C PROJECT AREA COMMITTEE PROJECT REPORT TO: Project Area Committee (PAC) FROM: David C. Moe II, Redevelopment Manager DATE: March 9, 2006 (PAC Meeting of 3/16/06) SUBJECT: Monthly Update of Redevelopment Projects Below is the monthly update of projects in the Moorpark Redevelopment Project Area, as requested by the PAC. The projects are updated through January 2006. Information on other City projects can be obtained on the City's website at www.ci.moorpark.ca.us by going to City Government/City Manager's Office /Monthly Report to Council. City Hall: Staff is finalizing alternative schematic site plan designs for the new Civic Center. A new development schedule will be developed for the project following site master plan approval. Moorpark Community Human Services Complex: No change since last report. Staff is prepared to review the final conceptual site plan and elevations for the project with the City Council. Staff is reviewing the architect's project cost estimate and proposal for the design services and will be presenting an agreement for services to the City Council in February. Staff is also preparing recommendations for financing the project. Police Services Center: The dedication of the building was held on January 21, 2006. The City Council will consider the Notice of Completion and final cost report in March. Redevelopment Plan Amendment: The Project Area Committee (PAC) held its third meeting to review the proposed Redevelopment Plan Amendment. Urban Futures presented a PowerPoint, which provided the PAC with a basic overview of redevelopment. Metrolink Holdover facility: No change since last report. Staff met with the Ventura County Transportation Commission (VCTC) and Metrolink to discuss relocating the Moorpark holdover facility. Metrolink staff believes it will cost anywhere from $3 -$6 million to reconstruct the holdover facility on the west end of Moorpark. Potential funding sources are being investigated. Theater on High Street: Staff has met with the Theater on High Street Foundation to discuss the interim rental fee schedule. The Council Ad Hoc Committee (Harper & Mikos) and staff are interviewing several individuals whom are interested in managing the theater. Overland, Cutler and Pacific, Inc. (Relocation Consultant): A notice of non - displacement has been drafted for the tenant at 347 Moorpark Avenue, and a notice of general information has been completed for the owner of 148 East Los Angeles Avenue. Redevelopment of Agency Property: • Fitch Avenue: Ventura County has completed its plan check of Parcel Map 5567. The City Engineer and engineer who prepared the map have signed the parcel map. The parcel map will be presented to the City Council on 2/15/06. • 467 High Street: The City Attorney has completed his review of the proposed Disposition and Development Agreement (DDA) between the Agency and The Moorpark Group, LLC. Staff is incorporating the City Attorney's changes into the DDA. • High Street Commercial: Aszkenazy Development, Inc. and staff met to discuss the possibilities of making the project feasible. Several modifications are being incorporated into the project to make the project feasible. • 81 Charles Street: Staff is reviewing a proposal for construction management services to oversee the rehabilitation of 81 Charles. First -Time Home Buyer Program: Staff is preparing recommendations for modifications to the documents recorded for each buyer in the City's First Time Home Buyer Program. These revisions are being prepared to assure a valuation of the subject property that is consistent with the Affordable Housing Cost and will include vigorous ongoing monitoring of the deed restricted units. Housing Rehabilitation Program: CalHome funding awards for housing rehabilitation loans are expected to be announced January 31, 2006. A media event has been scheduled for the announcement. Pardee Affordable Housing Purchase and Sale Agreement: No change since last report. The Purchase and Sale Agreement for twenty -five (25) low income units in Specific Plan 2, the Pardee project (Tract 5045), has been completed and sent to the developer for review and execution. William Lyon Homes Affordable Housing Purchase and Sale Agreement: No change since last report. Staff has begun the preparation of an Affordable Housing Purchase and Sale Agreement for Tract 5405, where seventeen (17) affordable units will be developed which satisfy the affordable housing requirements of Tract 5187. The 17 units include four (4) low, four (4) very low, and nine (9) moderate income units. 81 First Street: A Professional Services Agreement has been approved for Gehricke Architects AIA, LP for architectural services to construct a single family home at 81 First Street. The Agreement has been sent to the architect for signature. First -Time Home Buyer Serves on CEDC Board: Lena Morse, one of the new owners of an affordable home in the Moondance project, has recently been installed as a Member of the Board of Cabrillo Economic Development Corporation (CEDC). THIS PAGE INTENTIONALLY LEFT BLANK • • I • ELOISE BROWN Mayor BERNARDO M. PEREZ Mayor Pro 'Tom CLINT HARPER, Ph. D. Counclimember PAUL LAWRASON Councilmember SCOTT MONTGOMERY Coundlmember RICHARD T. HARE City Treasurer lay 8, 1989 tear Property Owner: STEVEN KUENY City Manager CHERYL J. KANE City Attorney PATRICK RICHARDS, A.I.C.P. Director of Community Development R. DENNIS DELZEIT City Engineer JOHN V. GILLESPIE Chief of Police kttached is a notice that the State of California mandates you receive in :onjunction with the City's proposal to approve a redevelopment project irea and adopt a Redevelopment Plan. However, because the notice is ;omewhat bureaucratic and intimidating, I decided to write this cover etter in an attempt to clarify the most asked about concerns. ; ometimes in the process of redevelopment_, it becomes necessary for the tedevelopment Agency to buy property, In many cases this is done through iegotiations between the Agency and the property owner(s). The owner states a price, the Agency has a professional appraisal done on the )roperty and a price is agreed upon. lowever, if for some reason a property owner does riot want to sell the iroperty even though it is needed for a project to go forward that will >enefit the entire City, then the Agency may use eminent domain, sometimes :alled condemnation. This means the Agency can purchase the property at :he fair market value price as determined by a court of law even if the )roperty owner does not want to sell. In addition to the purchase price, .he owner would also receive a moving allowance and relocation assistance. he California Redevelopment Law makes it very clear that the property )wner has rights which must be observed by the Agency whenever the Agency is purchasing property. he Agency Board members are also your City Council and they have made it lear that eminent domain will only be considered in extreme cases where 11 alternatives to acquire property have been exhausted. 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 Property Owner . May 8, 1989 Page 2 I encourage you to attend the workshops scheduled for 7:00 p.m. on May 22 and May 30 to view a slide show explaining redevelopment, ask questions and make your views known. Agency members, City Staff and consultants will be at the meeting and will stay as long as necessary to answer your questions. We want you to undersand how redevelopment works and how it can benefit you as an individual and the City as a whole. Sincerely, ✓" 40 �G� Steven Kueny City Manager and Redevelopment Agency Executive Director SK:sc 89584 cc: The Honorable City Council STATEMENT REGARDING ACQUISITION In accordance with Section 33350 of the Health and Safety Code of the State of California, this statement is being attached to each notice of hearing mailed to the last known assessee of each parcel of land in the area designated in the Redevelopment Plan for the Moorpark Redevelopment Project of the Redevelopment Agency of the City of Moorpark. The purpose of this statement is to give notice that the property of each assessee described above is subject to acquisition under the following conditions as set forth in Section 403 of the Redevelopment Plan: "The Agency may purchase, lease, obtain option upon or otherwise acquire any interest in real property located in the Project Area by gift, devise, exchange, purchase, or any other means authorized by law including the use of eminent domain for the purpose of redevelopment. Acquisition of property will generally be achieved by cooperative negotiations between the owner of such property and the Agency." The power of purchase and condemnation is general and the Redevelopment Plan for the Moorpark Redevelopment Project has no specific list or description of property that may be acquired by purchase or condemnation because no such specific property is known at this time. Should such acquisition become necessary in the future to carry out the Project activities, the Moorpark Redevelopment Agency will meet all requirements of law, including notification as to intent and purpose of any proposed acquisition at the time such acquisition is considered. Steven Kueny, Executive Director Moorpark Redevelopment Agency ivi ELOISE BROWN Mayor BERNARDO M. PEREZ Mayor Pro Tem 'CLINT HARPER, Ph. D. Counctlmember PAUL LAWRASON Councilmember SCOTT MONTGOMERY Councilmember RICHARD T. HARE City Treasurer May 26, 1989 Dear Property Owner: STEVEN KUENY City Manager CHERYL J. KANE City Attorney PATRICK RICHARDS, A.I.C.P. Director of Community Development R. DENNIS DELZEIT City Engineer JOHN V. GILLESPIE Chief of Police The City of Moorpark recently mailed a letter notifying you of the City's action regarding proposed adoption of a redevelopment plan on June 7, 1989. This included a "Statement Regarding Acquisition" as required by State law. The letter included notification that the City could possibly condemn your property. Since then, the Redevelopment Agency took the following action: The Redevelopment Agency will NOT use condemnation on any residential zoned properties and will redraft the Redevelopment Plan and all. other related documents to reflect this action. Enclosed is a copy of the Redevelopment Project area map with the residential zoned areas designated that are NUT subject to the use of condemnation. I want to remind you that a public workshop to review redevelopment- is scheduled for May 30, 1989 at 7:00 p.m. In addition, a public hearing on the Redevelopment Plan will be held on June 7, 1989 at 7 :00 p.m. Moth meetings are at the Moorpark Community Center. If you would like to discuss redevelopment, feel free to call me at 529 -6864, or contact a member of the Moorpark City Council. Sincerely, Steven Kueny City Manager SK:sc 895248 799 Moorpark Avenue Moorpark, California 93021 — _ (805) 529 -6864 MOORPARK REDEVEI.ormErTr WIIAT IT IS NOT AND IH1ES NOT DO 1. Redevelopment- IS NOT the same as eminu;nt domnin (condemnation). Redevelopment allows future increases in property taxes from the sale and new development of - land to be used for improvements to streets, sidewalks and storm drains, provide for low and moderate income housing and assist owners of homes and businesses on a voluntary basis to improve their properties. Condemnation is only a part of the process and one possible means the Agency has to acquire property if needed_ The Redevelopment Agency has voted 5 -0 to not use eminent domain in residential zoned areas. 2. Redevelopment- DOES NOT change the land use or zoning of your property. It DOES NOT allow industrial buildings to be built whe the property is zoned for houses. 3. Redevelopment DOES NOT increase property taxes. It DOES NOT alter or circumvent Proposit-on 13 control of property taxes. Taxes can only increase as allowed by Proposition 13 by 2% per year or when the property is sold or is improved with a patio, room addition or other improvement. 4. Redevelopment DOES NOT tell you how to maintain or improve your property. One of of the goals of redevelopment is to maintain the vitality and appearance of all areas. It is likely that funds will be available for low interest loans or grants to assist in the repair and improvement of existing houses and commercial buldings. Such programs are voluntary, not mandatory. ledevelopment MES NOT tell you how to landscape yards or to paint b,uildi,ngs. 5. The Redevelopment- Agency cannot property owners t:o make needed repairs or improvements to streets and other public improvements. State law DOES NOT grant them Redevelopment Agency the power to assess property owners. 895249 1 2. 3. 4 REDEVELOPMENT AN EXPLANATION OF IMPORTANT TERMS AND INFORMATION Moorpark Redevelopment Agency Board The Agency Board is the City Council. State law does not allow for the separate election of an Agency Board. The City Council /Agency Board are responsible to the voters. Blight This is an area -wide general condition and does not mean that every property in the project area shows signs of deterioration or disrepair. Blight may mean under - utilized land or long term vacant properties, incompatible uses of property, lack of open space, aging structures, needed improvements and repairs to streets, sidewalks and storm drains, lack of adequate public parking facilities, and other signs of deterioration. Purpose of Redevelopment The purpose of redevelopment is to prevent further deterioration of the area by improving public facilities, increasing the number of low and moderate cost housing units throughout the City, and r assisting owners of homes and businesses to improve their properties on a voluntary basis. Tax Increment Tax increment is the primary means of financing improvements and activities funded by redevelpment. Tax increment occurs when property is sold or new construction occurs and the value of the property is increased. For example: A. Mr. and Mrs. X's home is assessed (valued) for property tax purposes at $100,000 but is actually worth $150,000 if sold at current fair market value. If sold, the taxes on the house increase by $500 (1% of the increased value of $50,000) and will go to the Redevelopment Agency. B. XYZ Company owns vacant land valued at $1,000,000. They construct a building worth $5,000,000 on that land. The taxes on the increase in value of $5,000,000 go to the Redevelopment Agency. 5. Redevelopment Agency Borrowing The Agency may borrow against future tax increment and issue bonds to make public improvements and finance other redevelopment Redevelopment Page 2 activities. This is much like a homeowner borrowing for his house to have current use of his home with repayment over time. The debt of the Agency is not a debt of the City and must be paid only with funds coming to the Agency. 6. Eminent Domain. (Condemnation) The City, as well as the School District, County and State now have this power for public purposes such as to build roads or parks. The Agency has the same power but also has the power to condemn property, if needed, for development. The Agency Board has voted to restrict this Power and will not use it on residential zoned properties. In addition, if you live in your house when the plan is adopted and your property is zoned commercial or industrial, condemnation cannot be used as long as you continue to live in your house. The Agency, by law, may only have the power of' condemnation for 12 years. It takes a four - fifth's vote to initiate condemnation action. 7. Potential Impact on Other Public agencies The Agency is required to consult with other agencies to consider potential fiscal impacts. It is generally recognized that redevelopment has a positive impact in helping to maintain and increase property values and provide public improvements which, in the long run, help all public agencies. An expansion of deteriorating conditions hurts everyone in the community. Based upon the extent of fiscal impact, each taxing agency can receive a portion of the tax increment funds. 8. Public Participation Since early 1987, the Redevelopment Agency has sought the views of the public and has appointed three separate groups of residents and property owners to provide advice and recommendations on redevelopment matters. This includes a seven - member Project Area Committee (PAC) which will remain in an advisory role to the Agency during the term of the Redevelopment Plan. 9• Plan Adoption and Amendment The Redevelopment Plan may only be adopted after public hearings and a lengthy public review process. If the adopted Plan is proposed for amendment in the future, it may be amended only after going through essentially the same public review and hearing process as the original Plan adoption. 8952411 MOORPARK ELOISE BROWN Mayor BERNARDO M. PEREZ Mayor Pro Tom CLINT HARPER, Ph. D. Councilmember PAUL LAWRASON Councilmember SCOTT MONTGOMERY Councilmember RICHARD T. HARE Cify Treasurer June 1, 1989 Dear Property Owner: STEVEN KUENY City Manager CHERYL J. KANE City Attorney PATRICK RICHARDS, A.I.C.P. Director of Community Development R. DENNIS DELZEIT City Engineer JOHN V. GILLESPIE Chief of Police The City of Moorpark recently mailed a letter notifying you of the City's action regarding proposed adoption of a redevelopment plan on June 7, 1989. This included a "Statement Regarding Acquisition" as required by State law. The letter included notification that the City could possibly condemn your property. Since then, the Redevelopment Agency took the following action: The Redevelopment Agency will NOT use condemnation on any residential zoned properties and will redraft the Redevelopment Plan and all other related documents to reflect this action. Enclosed is a copy of the Redevelopment Project area map with the residential zoned areas designated that are NOT subject to the use of condemnation. I want to remind you that a public hearing on the Redevelopment Plan will be held on June 7, 1989 at 7:00 p.m. at the Moorpark Community Center. if you would like to discuss redevelopment, feel free to call me at 529 -6864, or contact a member of the Moorpark City Council. Sincerely, Steven Kueny City Manager. SK:sc 895248 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 MOORPA,RK REDEMA KEN'r WHAT IT IS NOT AND DOES NOT DO 1. Redevelopment IS NOT the slime as eminettL domain (condemnation). Redevelopment allows future increases it, property taxes from Lite sale and new development of -land to be used for i.mprovements to streets, sidewalks and storm drains, provide for low and moderate income housing and assist owners of homes and businesses on a voluntary basis to improve their properties. Condemnation is only a part- of the process and one possible means the Agency tins to acquire property if needed. The Redevelopment Agency has voted 5 -0 to not use eminent domain in residential zoned areas. 2. Redevelopment DOES NOT change the land use or zoning of your property. It DOES NOT allow industrial buildings to be built whe t. the property is zoned for houses. 3. Redevelopment DOES NOT increase property taxes. It WES NOT alter or circumvent Propositon 13 control of property taxes. Taxes can only increase as allowed by Proposition 13 by 2% per year or when the property is sold or is improved with a patio, room addition or other improvement. 4. Redevelopment DOES NOT tell you how to maintain or improve your property. One of of the goals of redevelopment is to maintain the vitality and appearance of all areas. It is likely that funds will be available for low interest loans or grants to ,assist in the repair and improvement of existing houses and commercial buldings. Such programs are voluntary, not mnndaLory. Redevelopment WES NOT tell you how to landscape yards or to pnint buildings. 5. The Redevelopment Agency cannot assess property owner~ to make needed repairs or improvements to streets and other public improvement's. State law DOES NOT grant Lite, Redevelopment Agency the power to assess property owners. 895249 r REDEVELOPMENT AN EXPLANATION OF IMPORTANT TERMS AND INFORMATION 1. Moorpark Redevelopment Agency Board The Agency Board is the City Council. State law does not allow for the separate election of an Agency Board. The City Council /Agency Board are responsible to the voters. 2. Blight This is an area -wide general condition and does not mean that every property in the project area shows signs of deterioration or disrepair. Blight may mean under - utilized land or long term vacant properties, incompatible uses of property, lack of open space, aging structures, needed improvements and repairs to streets, sidewalks and storm drains, lack of adequate public parking facilities, and other signs of deterioration. 3. Purpose of Redevelopment The purpose of redevelopment is to prevent further deterioration of the area by improving public facilities, increasing -the number of low and moderate cost housing units throughout the City, and assisting owners of homes and businesses to improve their properties on a voluntary basis. 4. Tax Increment Tax increment is the primary means of financing improvements and activities funded by redevelpment. Tax increment occurs when property is sold or new construction occurs and the value of the property is increased. For example: A. Mr. and Mrs. X's home is assessed (valued) for property tax purposes at $100,000 but is actually worth $150,000 if sold at current fair market value. If sold, the taxes on the house increase by $500 (1% of the increased value of $50,000) and will go to the Redevelopment Agency. B. XYZ Company owns vacant land valued at $1,000,000. They construct a building worth $5,000,000 on that land. The taxes on the increase in value of $5,000,000 go to the Redevelopment Agency. S. Redevelopment Agency Borrowing The Agency may borrow against future tax increment and issue bonds to make public improvements and finance other redevelopment Redevelopment Page 2 activities. This. is much like a homeowner borrowing for his house to have current use of his home with repayment over time. The debt of the Agency is not a debt of the City and must be paid only with funds coming to the Agency. 6. Eminent Domain (Condemnation) The City, as well as the School District, County and State now have this power for public purposes such as to build roads or parks. The Agency has the same power but also has the power to condemn property, if needed, for development. The Agency Board has voted to restrict this power and will not use it on residential zoned properties. In addition, if you live in your house when the plan is adopted and your property is zoned commercial or industrial, condemnation cannot be used as long as you continue to live in your house. The Agency, by law, may only have the power of condemnation for 12 years. It takes a four - fifth's vote to initiate condemnation action. 7. Potential Impact on Other Public Agencies The Agency is required to consult with other agencies to consider potential fiscal impacts. It is generally recognized that redevelopment has a positive impact in helping to maintain and increase property values and provide public improvements which, in the long run, help all public agencies. An expansion of deteriorating conditions hurts everyone in the community. based upon the extent of fiscal impact, each taxing agency can receive a portion of the tax increment funds. 8. Public Participation Since early 1987, the Redevelopment Agency has sought the views of the public and has appointed three separate groups of residents and property owners to provide advice and recommendations on redevelopment matters. This includes a seven - member Project Area Committee (PAC) which will remain in an advisory role to the Agency during the term of the Redevelopment Plan. 9. Plan Adoption and Amendment The Redevelopment Plan may only be adopted after public hearings and a lengthy public review process. If the adopted Plan is proposed for amendment in the future, it may be amended only after going through essentially the same public review and hearing process as the original Plan adoption. 8952411 THIS PAGE INTENTIONALLY LEFT BLANK APRIL 27, 2006 MEETING INFORMATION JESTABLISHED i ARM 141107 ,9; �W OF PROJECT AREA COMMITTEE MEETING AGENDA THURSDAY, APRIL 27, 2006 7:00 P.M. Moorpark Community Center 799 Moorpark Avenue CALL TO ORDER: 2. ROLL CALL: 3. PUBLIC COMMENT: 4. BUSINESS: A. Consider Approval of March 16, 2006, Proiect Area Committee Meeting. B. Project Area Committee Agenda Report: Monthly Update of Agency Redevelopment Projects. (Redevelopment Manager) C. Proposed Moorpark Redevelopment. (Redevelopment Manager) D. Zoning Map. (Chairperson) 5. ANNOUNCEMENTS: 6. SET NEXT PROJECT AREA COMMITTEE MEETING DATE AND AGENDA ITEMS: 7. ADJOURNMENT: 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 Department 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 Meeting of the Project Area Committee to be held Thursday, April 27, 2006, at 7:00 p.m. in the Council Chambers of the Moorpark Community Center, 799 Moorpark Avenue, Moorpark, California, was posted on April 21, 2006, 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 April 21, 2006. Maureen Benson Deputy City Clerk City of Moorpark and the Moorpark Redevelopment Agency ANNOTATED PAC Meetinq Aqenda DATE: March 16, 2006 TIME: 7:00 p.m. LOCATION: City Council Chambers (Apricot Room) 799 Moorpark Avenue Moorpark, CA 93021 Proposed Amendment No. 2 PAC Meeting No. 4 March 16, 2006 Present: Will Whitaker, Ron Krepel, Colin Velazquez, Dale Whitaker, and Jay Flashner Staff Present: David Moe, Redevelopment Manager and Joe Fiss, Principal Planner serving as a Spanish Interpreter Legal Council Present: Rachel Richman, PAC Attorney Consultants Present: Jon Huffman and Richard Tillberg, Urban Futures, Inc. I. Meeting Called to Order (by order of the Chair) Dale Whitaker called the meeting to order at 7:07 p.m. II. Business A. Consideration and Approval of January 26, 2006, meeting minutes Will Whitaker made the motion to approve the minutes as written, second by Velazquez. The motion was unanimously approved. B. Public comment Six Speakers. C. Presentations: 1. Proposed eminent domain legislation presentation by representatives of California State Senator McClintock's office. Jason Spadero, Representative of California State Senator McClintock's office, gave a presentation on SCA 20, which would limit the government's authority to use eminent domain to acquire property. Mr. Spadero answered questions of the public and PAC. ZA00PIn Active\ Moorpark \002VPHBinderpocs \Tab_2\PAC Meeting 2006 -4- IES_031068/06 27 Wgenda_2006_03_16_annodated.doc City of Moorpark and the Moorpark Redevelopment Agency Proposed Amendment No. 2 PAC Meeting No. 4 March 16, 2006 2. Moorpark Redevelopment Agency Report from March 1, 2006, Agency meeting — eminent domain policy options one through three as presented to the Agency (Redevelopment Manager) Moe discussed three options reviewed by the Moorpark Redevelopment Agency to define the proposed Redevelopment Plan amendment. Moe described the selected option and explained the proposed eminent domain authority that may be given to the Agency. Moe answered questions of the public and PAC. 3. Relocation process presentation by representatives of Overland, Pacific, and Cutler, Inc. Carolyn Carlos from Overland, Pacific, and Cutler, Inc. explained the relocation process and benefits paid to the relocated household and business. A question and answer session followed the presentation. 4. Project Area Committee Agenda Report: Monthly update of Agency Redevelopment Projects (Redevelopment Manager) Chairman Whitaker moved this item to the April Agenda 5. Agency /City Council joint public hearing date extension (Redevelopment Manager) Moe informed the PAC their request to extend the joint public hearing has been granted. The PAC will now have an extra 90 days, beyond the original joint public hearing date of April 5, 2006, to comment on the proposed Redevelopment Plan amendment. 6. Documents related to initial adoption of the Moorpark Redevelopment Project (PAC Chairman) Chairman Whitaker passed out copies of letters related to the Moorpark Redevelopment Project. III. Announcements None IV. Set Next PAC Meetinq Date and Agenda Items The next PAC meeting was set for 4127106. V. Adjourn Meeting (by motion or by order of the Chair) Chairman Whitaker adjourned the meeting at 9:40 p.m. Z' \00PIn Active\ Moorpuk \002\JPHBinderpocs \Tab_2\PAC Meeting 2006 -4- JES_03/068/06 27\Agenda _2006_03_16_annodated.doc MAY 18, 2006 MEETING INFORMATION —� ESTABLISHED �.•. IFOaN`a 1Y OF PROJECT AREA COMMITTEE MEETING (NO. 6) AGENDA THURSDAY, MAY 18, 2006 7:00 P.M. Moorpark Community Center 799 Moorpark Avenue 1. CALL TO ORDER: 2. ROLL CALL: 3. BUSINESS: A. Consider Approval of April 27, 2006, Project Area Committee Annotated Meeting Minutes. B. Proiect Area Committee Aqenda Report: Monthly Update of Agenc Redevelopment Projects. (Redevelopment Manager) C. Presentation on Amendment No. 2 and Use of Eminent Domain. (UFI /Legal Counsel) D. Redevelopment Plan Amendment No. 2 Discussion. (Redevelopment Manager) E. Review of high density designations within Moorpark Redevelopment Proiect Area. (PAC Chairman) 4. PUBLIC COMMENT: 5. ANNOUNCEMENTS: 6. SET NEXT PROJECT AREA COMMITTEE MEETING DATE AND AGENDA ITEMS: 7. ADJOURNMENT: 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 Department 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 11). 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 Meeting of the Project Area Committee to be held Thursday, May 18, 2006, at 7:00 p.m. in the Council Chambers of the Moorpark Community Center, 799 Moorpark Avenue, Moorpark, California, was posted on May 12, 2006, 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 May 12, 2006. Maureen Benson Deputy City Clerk City of Moorpark and the Moorpark Redevelopment Agency ATTACHMENT A ANNOTATED PAC Meetinq Minutes For PAC Meeting No. 5 DATE: April 27, 2006 TIME: 7:00 p.m. LOCATION: City Council Chambers (Apricot Room) 799 Moorpark Avenue Moorpark, CA 93021 Proposed Amendment No. 2 PAC Meeting No. 6 May 18, 2006 Present: Will Whitaker, Ron Krepel, Drew La Prohon, Dale Whitaker, and Jay Flashner Staff Present: David Moe, Redevelopment Manager Spanish Interpreter Services: Lourdes Campbell & Associates Legal Council Present: Rachel Richman, PAC Attorney Consultants Present: Jon Huffman and Richard Tillberg, Urban Futures, Inc. Meeting Called to Order (by order of the Chair) Dale Whitaker called the meeting to order at 7:07 p.m. Lourdes Campbell and Associates arrived late. II. Business A. Consideration and Approval of March 16, 2006, meeting minutes Flashner made the motion to approve the minutes as written, second by Will Whitaker. The motion was unanimously approved. B. Public comment 13 Speakers. Agenda_ 2006 _ 04_27 UFI_Anno JES_05 /12/06 City of Moorpark and the Moorpark Redevelopment Agency Proposed Amendment No. 2 PAC Meeting No. 6 May 18, 2006 C. Project Area Committee Agenda Report: Monthly update of Agency Redevelopment Projects (Redevelopment Manager) Chairman Whitaker moved this item to the May Agenda. D. Proposed Moorpark Redevelopment (Redevelopment Manager) Moe made a powerpoint presentation on the Redevelopment Plan Amendment No. 2. and answered the questions of the PAC. E. Zoning Map (Chairperson) Dale Whitaker discussed the Downtown Specific Plan Map. He pointed out that two maps exist and asked staff to determine which map was adopted by the City Council. III. Announcements None received. IV. Set Next PAC Meeting Date and Agenda Items The next PAC meeting is scheduled for May 18, 2006 at 7:00 p.m. The items to be included on the Agenda are as follows: 1. Presentation on Amendment No. 2 and use of eminent domain 2. Update of Redevelopment Agency Projects 3. Review of high density designations within Moorpark Redevelopment Project Area V. Adjourn Meeting (by motion or by order of the Chair) Dale Whitaker adjourned the meeting at 9:31 p.m. 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 Department at (805) 517 -6223. Upon request, the agenda can be made available in appropriate alternative formats to persons with a disability. Upon advance notification of the need for disability- related modification or accommodation, reasonable arrangements will be made by City staff to provide accessibility to the meeting (28 CFR 35.102- 35.104; ADA Title ll). Agenda_ 2006_04_ 27 UFI_Anno JES_05 /12/06 ATTACHMENT B PROJECT AREA COMMITTEE PROJECT REPORT TO: Project Area Committee (PAC) FROM: David C. Moe II, Redevelopment Manager DATE: May 18, 2006 SUBJECT: Monthly Update of Redevelopment Projects Below is the monthly update of projects in the Moorpark Redevelopment Project Area, as requested by the PAC. The projects are updated through March 2006. Information on other City projects can be obtained on the City's website at www.ci.moorpark.ca.us by going to City Government/City Manager's Office /Monthly Report to Council. City Hall: GKK has completed the Campus Master Plan and Building Site Concept Plan for the new Civic Center. The Master Plan will be presented to the City Council in April or May. Following Council approval, the project schedule will be prepared and the full design development effort will commence. The ALTA Survey and Title Search have also been completed. Moorpark Community Human Services Complex: The City Council approved a professional services agreement with HMC Architects on February 15 for the full design of the project. The final conceptual site plan and elevations prepared by HMC were approved by the City Council on March 1. A Notice to Proceed with the final design work has been issued to the architect. Police Services Center: The City Council approved the Notice of Completion for the project on March 1. The Notice establishes November 7, 2005 as the actual completion date. Redevelopment Plan Amendment: The Project Area Committee (PAC) held its fourth meeting to review the proposed Redevelopment Plan Amendment. A representative from Senator McClintock's office gave a presentation on SCA 20, which is a proposed bill that could be detrimental to redevelopment activities in Moorpark and the State of California. Staff presented the defined proposed redevelopment plan amendment to the PAC. The PAC was also informed that their request to extend the comment period by 90 days was approved. The next PAC meeting is scheduled for April 27, 2006. Metrolink Holdover facility: No change since last report. Staff met with the Ventura County Transportation Commission (VCTC) and Metrolink to discuss relocating the Moorpark holdover facility. Metrolink staff believes it will cost anywhere from $346 million to reconstruct the holdover facility on the west end of Moorpark. Potential funding sources are being investigated. Theater on High Street: The theater is currently being rented on Mondays and Wednesdays for a youth actor development workshop. Staff is working with Fried Out Productions to secure an agreement for the performance of Aladdin. Staff has developed a professional service contract for management services of the theater and is negotiating the terms with the proposed consultant. This will be presented to the Agency Board for consideration at its April 19 meeting. Proposals are being reviewed to replace /upgrade the lighting system. Overland, Cutler and Pacific, Inc. (Relocation Consultant): A Power Point presentation was made at the March 16 Project Area Committee meeting. The presentation explained both residential and business relocation benefits under State Law. Redevelopment of Agency Property: Fitch Avenue: The County is conducting its final check of Parcel Map 5567 prior to recording. Chicago Title is updating the performance schedule and preparing to open escrow. 467 High Street: A meeting between Agency staff and the Moorpark LLC is being arranged to discuss the impacts the revised Downtown Specific Plan will have on the development of 467 High Street. High Street Commercial: Aszkenazy Development, Inc. has revised the site plan and submitted it for staff review. A meeting is scheduled for March 29, 2006. Staff is working on a financing plan to assist project feasibility. 81 Charles Street: A Professional Services Agreement has been executed with Forbess Consulting Group for mold testing and consulting services at 81 Charles Street. A proposal from PICON (Phil Vein) has been accepted for project coordination for the rehabilitation of this property and a Professional Services Agreement is being executed for this purpose. First -Time Home Buyer Program: Staff is investigating any appropriate recommendations for modifications to the documents recorded for each buyer in the City's First Time Home Buyer Program. Vigorous ongoing monitoring of the deed restricted units is essential. Pardee Affordable Housing Purchase and Sale Agreement: No change since last report. The Purchase and Sale Agreement for twenty -five (25) low income units in Specific Plan 2, the Pardee project (Tract 5045), has been completed and sent to the developer for review and execution. William Lyon Homes Affordable Housing Purchase and Sale Agreement: No change since last report. The William Lyon Homes Affordable Housing Purchase and Sale Agreement has been prepared and is being reviewed internally. 81 First Street: A Professional Services Agreement has been signed by Gehricke Architects AIA, LP for architectural services to construct a single family home at 81 First Street. First -Time Home Buyer Serves on CEDC Board: Lena Morse, one of the new owners of an affordable home in the Moondance project, has recently been installed as a Member of the Board of Cabrillo Economic Development Corporation (CEDC). THIS PAGE INTENTIONALLY LEFT BLANK Amendment No. 2 Related Facts • The PAC is presently considering one (1) Amendment No. 2 eminent domain alternative forwarded to it by the Agency: the PAC may draft its own alternative for consideration by the Agency • Any Agency eminent domain authority may not exceed 12 years from date Amendment No. 2 is adopted What is Next in the Amendment No. 2 Process? Selected Amendment alternative (with CEQA documents) must be reviewed by the Planning Commission to determine affects upon General Plan Notices of a joint public hearing of the Agency and City Council are sent to all persons with an interest in the Project Area • Public workshops on the Amendment will be held • Joint Public Hearing will be convened Purpose of Proposed No. 2 Re- activate eminent domain authority • If adopted, re- activated authority could be in effect for up to 12 years from date of adoption • Previous authority expired in July 2001 What is Next in the Amendment No. 2 Process? • City Council will consider PAC Amendment alternative recommendation, public input, and other evidence put into the record of proceedings • Agency may, /may not approve an Amendment No. 2 alternative for adoption by the City Council subsequent to the Joint Public Hearing • If approved/adopted Amendment No. 2 alternative in less restrictive than previously adopted Ordinance 111 (1989); the adopted Ordinance would be subject to a vote of the electorate (Citywide). Eminent Domain - Authority • Both U.S. and California Constitutions provide for eminent domain • Other public agencies, including Caltrans, school districts, and cities have authority to use eminent domain for specified purposes Statutory authority for use by redevelopment agencies provided under CCRL' Sections 33342 and 33391(b) — Ordinance adopting or amending a redevelopment plan must specifically include this authority (CCRL Section 33367) ..u— s is r 3=,X)0"ttt", Eminent Domain - Restrictions and Process Requirements • Government right to purchase private property only for a public purpose (public purpose includes eliminating blight through economic development projects) and only upon payment of just compensation (fair market value) • By law the Agency is required to make every reasonable effort to acquire property expeditious) by negotiated purchase (precondemnntion) • Appraisals are required • Owners always have the right to: - Challenge the Agency's decision to acquire their property for public use — A Jury trial on the amount of just compensation Why Eminent Domain? Enables a redevelopment agency to more successfully assemble properties to help achieve Agency's redevelopment goals and objectives: - Public improvements - (rights -of -way) - Business and industry development - Blight removal - (physical and economic) - Job creation, capital investment, and growth in City tax base rco"t ... i I Eminent Domain - Authority Eminent domain procedures and rules to protect property owners from misuse of eminent domain authority are codified under the California Government Code, and the Eminent Domain Law (a part of the California Code of Civil Procedures) Summary of Condemnation Procedures (Implemented only if precondemnntion procedures fail) • Resolution of Necessity; hearing; notice (4/51h vote required) • The complaint • Order for possession • Property owner may challenge the right to take • Owner compensation • Trial • Judgment and appeal Where Might Eminent Domain Be Used? I;1 Proposed Eminent Domain Area 1 2 Where Might Eminent Domain Be Used? • As presently envisioned, eminent domain would be considered as an important redevelopment tool as shown: THIS PAGE INTENTIONALLY LEFT BLANK JUNE 81 2006 MEETING INFORMATION ESTABLISHED NAM 11L JUT �tY OF �J PROJECT AREA COMMITTEE MEETING (NO. 7) AGENDA THURSDAY, JUNE 8, 2006 7:00 P.M. Moorpark Community Center 799 Moorpark Avenue 1. CALL TO ORDER: 2. ROLL CALL: 3. BUSINESS: A. Consider ADDroval of Mav 18. 2006. Proiect Area Committee Annotated Meetinq Minutes B. Proiect Area Committee Agenda Report: Monthly Update of Agency Redevelopment Projects (Redevelopment Manager) C. Report on PAC Requested Meeting With City Officials (Redevelopment Manager /PAC Chairman) D. Proposed Redevelopment Plan Amendment No. 2 Discussion (Redevelopment Manager) 4. PUBLIC COMMENT: 5. ANNOUNCEMENTS: 6. SET NEXT PROJECT AREA COMMITTEE MEETING DATE AND AGENDA ITEMS: 7. ADJOURNMENT: 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 Department 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 11). STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss CITY OF MOORPARK ) AFFIDAVIT OF POSTING 1, Maureen Benson, declare as follows: That I am the Deputy City Clerk of the City of Moorpark and that a notice for a Meeting of the Project Area Committee to be held Thursday, June 8, 2006, at 7:00 p.m. in the Council Chambers of the Moorpark Community Center, 799 Moorpark Avenue, Moorpark, California, was posted on June 5, 2006, 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 June 5, 2006. Maureen Benson Deputy City Clerk ATTACHMENT A ANNOTATED PAC Meetinq Minutes For PAC Meeting No. 6 DATE: May 18, 2006 TIME: 7:00 p.m. LOCATION: City Council Chambers (Apricot Room) 799 Moorpark Avenue Moorpark, CA 93021 Present: Will Whitaker, Ron Krepel, Colin Velazquez, Dale Whitaker, and Jay Flashner Staff Present: David Moe, Redevelopment Manager Spanish Interpreter Services: Lourdes Campbell & Associates Legal Council Present: Rachel Richman, PAC Attorney Consultants Present: Jon Huffman and Richard Tillberg, Urban Futures, Inc. Meeting Called to Order (by order of the Chair) Dale Whitaker called the meeting to order at 7.07 p.m. II. Business A. Consideration and Approval of March 16, 2006, meeting minutes Flashner made the motion to approve the minutes as written, second by Will Whitaker. The motion was unanimously approved. B. Project Area Committee Agenda Report: Monthly Update of Agency Redevelopment Projects. (Redevelopment Manager) Moe presented the Monthly Update of Agency Redevelopment Projects. C. Presentation on Amendment No. 2 and Use of Eminent Domain. (UFI /Legal Counsel) Huffman presented the process that is required by Redevelopment Law to acquire property through the use of eminent domain. D. Redevelopment Plan Amendment No. 2 Discussion. (Redevelopment Manager) Moe presented the proposed Redevelopment Plan Amendment No. 2. The PAC discussed the amendment. E. Review of high density designations within Moorpark Redevelopment Project Area. (PAC Chairman) Dale Whitaker discuss the possibility of a discrepancy in the Downtown Specific Plan Zoning Map. 4. PUBLIC COMMENT: Six speakers. 5. ANNOUNCEMENTS: None. 6. SET NEXT PROJECT AREA COMMITTEE MEETING DATE AND AGENDA ITEMS: The next PAC meeting was set for June 8, 2006. The agenda will include: 1. Discussion of the proposed amendment. 2. Downtown Specific Plan's Zoning Map. 3. Request for a 45 day extension. 4. Report back from meeting with Mayor and Community Development Director. 7. ADJOURNMENT: 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 Department 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). 1�, ATTACHMENT B PROJECT AREA COMMITTEE PROJECT REPORT TO: Project Area Committee (PAC) FROM: David C. Moe 11, Redevelopment Manager DATE: June 6, 2006 (PAC Meeting of 6/8/06) SUBJECT: Monthly Update of Redevelopment Projects Below is the monthly update of projects in the Moorpark Redevelopment Project Area, as requested by the PAC. The projects are updated through March 2006. Information on other City projects can be obtained on the City's website at www.ci.moorpark.ca.us by going to City Government/City Manager's Office /Monthly Report to Council. City Hall: GKK has completed the Campus Master Plan and Building Site Concept Plan for the new Civic Center. The Master Plan will be presented to the City Council in April. Following Council approval, the project schedule will be prepared and the full design development effort will commence. The ALTA Survey and Title Search has also been completed. The Architect is ready to proceed with the development of complete designs for the building. The Plan will be presented for City Council approval on June 21. Moorpark Community Human Services Complex: The final conceptual site plan and elevations prepared by HMC were approved by the City Council on March 1. At that time the Council requested an opportunity to review the plan again at a later date in order to be assured that the proposed design will work well with the existing Police Services Center in terms of appearance and setbacks. A Notice to Proceed with the final design work has been issued to the architect and at the initial design meeting HMC was advised that a perspective view of the building showing its relationship to the Police Center would need to be prepared for presentation to the City Council. This presentation should be ready in mid -July. Police Services Center: The City Council approved the Notice of Completion for the project on March 1. The Notice establishes November 7, 2005 as the actual completion date. Redevelopment Plan Amendment: The Project Area Committee (PAC) held its sixth meeting to review the proposed Redevelopment Plan Amendment. Staff presented a list of Agency accomplishments to the PAC and reported on ongoing projects. The PAC didn't have any comments on the proposed redevelopment plan amendment, but did request a meeting with the mayor and a 45 day extension to review the proposed amendment. The next PAC Meeting is scheduled for June 8, 2006. Metrolink Holdover facility: No change since last report. Staff met with the Ventura County Transportation Commission (VCTC) and Metrolink to discuss relocating the Moorpark holdover facility. Metrolink staff believes it will cost anywhere from $346 million to reconstruct the holdover facility on the west end of Moorpark. Potential funding sources are being investigated. Theater on High Street: The Theater was rented for a youth actor development workshop, and the performances of Aladdin and Othello. The new theater manager is in the process of cleaning out the theater and preparing it for the upcoming theater season. Redevelopment of Agency Property: Fitch Avenue: Chicago Title has opened escrow between the Agency and Hull Holdings, LLC. Bob Gehricke, project architect, has submitted plans to engineering for review and comment. 467 High Street: The Moorpark LLC is drafting a new site plan and elevations to satisfy the new development standards in the proposed amendment to the Downtown Specific. High Street Commercial: Aszkenazy Development, Inc. and the Agency have had the property appraised to determine the fair market value. However, the purchase price of the Agency owned land is still being negotiated. First -Time Home Buyer Program: Staff has prepared a draft schedule for selecting and qualifying eligible participants in Round 2 of the City's First Time Home Buyer Program. A proposal has been received from Cabrillo Economic Development Corporation (CEDC) for services similar to those provided in Round 1 of this program, and include planning, educational workshops, application review, loan packaging, and preparing potential low income buyers for home ownership. Plans for Round 2 include the same components that were utilized during Round 1, including mandatory orientation workshops where the program is introduced and pre - applications are available for interested parties; preference for residents of the City and secondary preference for people who work in the City, but live elsewhere; exclusion of certain contractors doing business with the City, elected officials, City employees in management positions, and family members of the excluded groups; participation limited to First Time Home Buyers, meaning people who have never owned a home, mobilehome, condominium, etc.; and use of a lottery to identify the order in which complete applications from apparently eligible applicants will be processed. Outreach activities will include limited display ads in the local press, utilization of the City's website, the government TV channel, a mailing to everyone who has contacted the City and expressed interest in this program, including those who participated in the First Round, and the use of other channels of communication, as well, such as organizations within the community. Staff anticipates identifying eligible buyers for the 2 Shea affordable units and the 17 affordable William Lyon Homes units. Pardee Affordable Housing Purchase and Sale Agreement: No change since last report. The Purchase and Sale Agreement for twenty -five (25) low income units in Specific Plan 2, the Pardee project (Tract 5045), has been completed and sent to the developer for review and execution. William Lyon Homes Affordable Housing Purchase and Sale Agreement: No change since last report. The William Lyon Homes Affordable Housing Purchase and Sale Agreement was approved by the City Council and is awaiting execution. 81 First Street: Staff is reviewing plans for the one -story house to be constructed at 81 First Street. 81 Charles Street: PICON (Phil Vein) has been retained by the Redevelopment Agency for project coordination for the rehabilitation of this property. A Scope of Work and Bid Documents will be prepared for the work. ATTACHMENT C Proposed Redevelopment Plan Amendment No.2 Components Likes Dislikes Suggested Changes Ability to acquire commercial and industrial zoned 11 properties Ability to acquire vacant residential 2 lots Ability to acquire residential developments with a density of 14 dwelling units per 3 acre or higher Limited ability to acquire residential property in the 4 "Focus Area" DECEMBER 21, 2006 MEETING INFORMATION JESTABLISHED lam+ is. leer Yt OF PROJECT AREA COMMITTEE AGENDA THURSDAY, DECEMBER 21, 2006 7:00 P.M. Moorpark Community Center 799 Moorpark Avenue 1. CALL TO ORDER: 2. ROLL CALL: 3. BUSINESS: A. Consider Approval of June 8. 2006. Proiect Area Committee Annotated Meetinq Minutes B. Project Area Committee Agenda Report: Monthly Update of Agency Redevelopment Projects (Redevelopment Manager) C. Review Relocation Plan for 765 Walnut Street (Redevelopment Manager) D. Election of PAC Officers (PAC Chairperson) E. Fill Vacant Residential Owner Occupied Seat (Redevelopment Manager) F. Proposed Redevelopment Plan Amendment No. 2 Update (Redevelopment Manager) 4. PUBLIC COMMENT: 5. ANNOUNCEMENTS: 6. SET NEXT PROJECT AREA COMMITTEE MEETING DATE AND AGENDA ITEMS: 7. ADJOURNMENT: 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 Department 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). THIS PAGE INTENTIONALLY LEFT BLANK J ESTABLISHED WAM ,a. ,fsr a: 6ti OF ANNOTATED PAC Meeting Minutes For PAC Meeting No. 7 DATE: June 8, 2006 TIME: 7:00 p.m. LOCATION: City Council Chambers (Apricot Room) 799 Moorpark Avenue Moorpark, CA 93021 Present: Will Whitaker, Ron Krepel, Colin Velazquez, Dale Whitaker, Jason Salas and Jay Flashner Staff Present: David Moe, Redevelopment Manager Spanish Interpreter Services: Lourdes Campbell & Associates Legal Council Present: Rachel Richman, PAC Attorney Consultant Present: Richard Tillberg, Urban Futures, Inc. Meeting Called to Order (by order of the Chair) Dale Whitaker called the meeting to order at 7:07 p.m. II. Business A. Consideration and Approval of May 18, 2006, meeting minutes Flashner made the motion to approve the minutes as written, second by Krepel. The motion was unanimously approved. B. Project Area Committee Agenda Report: Monthly Update of Agency Redevelopment Proiects. (Redevelopment Manager) Moe presented the Monthly Update of Agency Redevelopment Projects. Redevelopment Agency Agenda Page 2 C. Report on PAC Requested Meeting With City Officials (Redevelopment Manager /PAC Chairman) Dale Whitaker informed the PAC that the meeting did not take place due to scheduling conflicts. D. Redevelopment Plan Amendment No. 2 Discussion. (Redevelopment Manager) Moe presented the proposed Redevelopment Plan Amendment No. 2. The PAC discussed the amendment. Velazquez made the motion to reject the Redevelopment Agency's proposal to reinstate their authority to use eminent domain, second by Krepel. The motion passed 5 -1 (Flashner). Will Whitaker made the motion to recommend the Agency's authority to use eminent domain be restricted by Ordinance 111, second by Velazquez. The motion passed 5- 1. Velazquez made a recommendation to the City Council to consider the following: 1. Any business displaced by use of eminent domain is compensated for all expenses and loss of revenue incurred directly and indirectly from the displacement. 2. Restrict the use of eminent domain on any County or State designated historical landmarks. 3. Limit redevelopment spending to the Project Area; do not allow the Agency to spend tax increment outside of the Project Area. 4. Consider the focus area a "priority area" for Agency spending. Krepel second the recommendation. The recommendation passed 5 -1 (Flashner) 4. PUBLIC COMMENT: One speaker (Item was moved up before the business section). 5. ANNOUNCEMENTS: None. 6. SET NEXT PROJECT AREA COMMITTEE MEETING DATE AND AGENDA ITEMS: Redevelopment Agency Agenda Page 3 No future meeting was set. 7. ADJOURNMENT: Dale Whitaker adjourned the meeting. 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 Department 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). THIS PAGE INTENTIONALLY LEFT BLANK SEPTEMBER 4, 2007 MEETING INFORMATION , _ j ESTABLISHED * i IMAM 1IL 1"r 1 61 OF SPECIAL MEETING PROJECT AREA COMMITTEE AGENDA TUESDAY, SEPTEMBER 4, 2007 7:00 P.M. Moorpark Community Center 799 Moorpark Avenue 1. CALL TO ORDER: 2. ROLL CALL: 3. BUSINESS: A. Consider Approval of December 21, 2006, Project Area Committee Annotated Meeting Minutes B. Proposed Redevelopment Plan Amendment No. 2 Update (Redevelopment Manager) 4. PUBLIC COMMENT: 5. ANNOUNCEMENTS: 6. SET NEXT PROJECT AREA COMMITTEE MEETING DATE AND AGENDA ITEMS: 7. ADJOURNMENT: 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 Department 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 Meeting of the Project Area Committee to be held Wednesday, August 30, 2007, at 7:00 p.m. in the Council Chambers of the Moorpark Community Center, 799 Moorpark Avenue, Moorpark, California, was posted on August 24, 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 December 14, 2006. Maureen Benson Assistant City Clerk JESTABLISHED 0RC1 A Iftt skv,P .__ P7ti —OF ANNOTATED PAC Meeting Minutes DATE: December 21, 2006 TIME: 7:00 p.m. LOCATION: City Council Chambers (Apricot Room) 799 Moorpark Avenue Moorpark, CA 93021 Present: Will Whitaker, Ron Krepel, Colin Velazquez, Dale Whitaker, and Jay Flashner Staff Present: David Moe, Redevelopment Manager Meeting Called to Order (by order of the Chair) Dale Whitaker called the meeting to order at 7:07 p.m. II. Business A. Consideration and Approval of June 8, 2006, meeting minutes W. Whitaker made the motion to approve the minutes as written, second by Flashner. The motion was unanimously approved. B. Proiect Area Committee Agenda Report: Monthly Update of Agency Redevelopment Projects. (Redevelopment Manager) Moe presented the Monthly Update of Agency Redevelopment Projects. C. Review Relocation Plan for 765 Walnut Street (Redevelopment Manager) Moe presented the Relocation Plan. Flashner made the motion to approve the minutes as written, second by W. Whitaker. The motion was unanimously approved. D. Election of new Officers. (PAC Chairman) Flashner made the motion to keep the existing officers, second by W. Whitaker. The motion was unanimously approved. E. Fill Vacant PAC Seats. Flashner made the motion not to hold an additional PAC Election to fill the vacant seats, second by Velazquez. The motion was unanimously approved. 4. PUBLIC COMMENT: None. 5. ANNOUNCEMENTS: None. 6. SET NEXT PROJECT AREA COMMITTEE MEETING DATE AND AGENDA ITEMS: No future meeting was set. 7. ADJOURNMENT: Dale Whitaker adjourned the meeting. 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 Department 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). URBAN FUTURES INCORPORATED Finance • Redevelopment • Implementation • Planning • Bond Administration MEMORANDUM TO: Chair and Members of the Project Area Committee of the Redevelopment Agency of the City of Moorpark FROM: Urban Futures, Inc. Redevelopment Agency of the City of Moorpark DATE: September 4, 2007 SUBJECT: Review of Pertinent Portions of the Report to Council on the Proposed Amendment No. 2 to the Redevelopment Plan for the Moorpark Redevelopment Project BACKGROUND The Redevelopment Agency of the City of Moorpark (the "Agency" and "City" respectively) has initiated an amendment ( "Amendment No. 2 ") to the Redevelopment Plan for the Moorpark Redevelopment Project (the "Redevelopment Plan" and "Project' or "Project Area" respectively) to extend the term of its limited authority to use eminent domain in the Project Area. The City Council of the City (the "City Council ") has called upon the residents and existing community organizations in the Project Area to form a Project Area Committee (PAC) to, if it wishes, prepare a report and recommendations to the City Council on Amendment No. 2. At its meeting of June 8, 2006, the PAC recommended in favor of the adoption of Amendment No. 2 and provided additional suggestions to the City Council on how Amendment No. 2 could be implemented. Prior to any action by the City Council relating to Amendment No. 2, the Agency is required to find, pursuant to Section 33333.4(8)(2) of the California Community Redevelopment Law (CCRL, being Section 33000 et seq. of the Health and Safety Code) that "significant blight remains within the project area," and that "this blight cannot be eliminated without the use of eminent domain." Pursuant to CCRL Sections 33352 and 33457.1, the City Council is required to make similar findings. The evidence upon which the Agency and City Council will depend is found, in large part, in a report to the City Council required in CCRL Section 33352 (the "Report to City Council "). The PAC has been provided a copy of that report. The following highlights the evidence found in the Report to Council. REVIEW OF REPORT TO COUNCIL Crestview Corporate Center - 3111 N. Tustin Avenue, Suite 230, Orange, CA 92865 -1753 Tel: (714) 283 -9334 Fax: (714) 283 -9319 e-mail: planning @urbanfuturesinc.com The Report to Council is divided into four sections with seven appendices. The Report to Council provides the evidence of physical and economic blight required in CCRL Section 33031(a) and (b). There are four physical conditions (summarized as unsafe and unhealthy buildings, conditions that hinder the use of buildings or lots, incompatible land uses; and subdivided lots of irregular or inadequate size in multiple ownerships) and seven economic conditions (summarized as depreciated or stagnant property values; impaired values due "in significant part" to hazardous wastes; high vacancies /low lease rates; serious lack of commercial facilities; serious residential overcrowding; excess of adult businesses; and high crime rate). To the extent they occur in the Project Area, they are discussed in Section 3 of the Report to Council. The Report to Council was drafted to comply with CCRL Sections 33333.4(g)(2), 33457.1, and 33352. The below summary of the Report to Council is to be considered in conjunction with the Report to Council, is only a summary of major issues identified in the Report to Council, and cannot be understood to in any way replace said Report to Council. Section 1.0 Definitions and Background below: Section 1.1: Definitions Self explanatory. Section 1.2: Background • Moorpark Redevelopment Project adopted in 1989 • Ordinance No. 111 established limits on authority to use eminent domain and provides for a vote of the people to approve • Vote held on November 7, 1989 — upholds limited eminent domain provisions • Limited authority to exercise eminent domain found in Section 403 of the redevelopment plan and quoted on page 3 of the Report to Council • Agency's right to exercise eminent domain expired July 5, 2001 For information purposes, the revised Section 403 of the Redevelopment Plan is quoted Section 2. Section 403 of the Moorpark Redevelopment Plan is hereby amended by adding the following language to the end of the first paragraph of the section: "The following restrictions are applicable to the Agency's power of Eminent Domain: 1. All property zoned residential is excluded from eminent domain. 2. All property zoned commercial or industrial that has a residential structure (house) on it and is owner occupied at the time the Redevelopment Plan is adopted (which date shall be June 28, 1989) is excluded from eminent domain for so long as that owner occupies the residence." ZA00PIn Active\ Moorpark \002\JPHBinderpocs \Tab_2 \PAC Meeting 2007- 9 -4\RpttoCoIiIR.PAC.wpd rt_8/30/07 Section 1.3: Project Area Description Self explanatory. See Figure 1, page 5, for a map of the Project Area and Figure 2, Page 6, for land uses within the Project Area. Section 1.4: Overview of Recent Legislation CCRL constantly being amended; latest amendment took effect January 1, 2007 Different types of amendment require different levels of analysis Extending the term of eminent domain now requires finding that: i) "significant" blight remains in the project area; and ii) blight cannot be eliminated "without the use of eminent domain." The Report to Council goes further and finds that blight in the Project Area is "substantial and prevalent' Section 2.0 Required Components of the Report to Council CCRL Section 33352 requires that reports to the City Council include discussion of 14 items. For new redevelopment plans and some redevelopment plan amendments all 14 items must be fully described. In the case of some amendments, such as Amendment No. 2, CCRL Section 33457.1 provides that only information which is "warranted" must be provided. Section 2.0 describes which information is not required and why. Paragraph (a): Reasons for Selecting the Project Area and Description of Specific Projects Since no new territory being added to the Project Area, no need for reasons Since no new projects are being added, no need for description Paragraph (b): Description of Blight in the Project Area Provided in Section 3 of the Report to Council. Paragraph (c): An Implementation Plan • Every five years and whenever a redevelopment plan is adopted or amended, redevelopment agencies are required to adopt five -year "implementation plans" • The Agency has an implementation plan adopted on January 19, 2005; its next implementation plan is to be adopted by January 19, 2010 • Implementation plans do not discuss eminent domain per se • Since Amendment No. 2 only relates to the limited power of eminent domain, there is no need to draft a new implementation plan Paragraph (d): Why Blight Elimination Cannot be Accomplished by Private Enterprise or Alternative Financing Z:\OOPIn Active \Moorpark \002 \JPHBinderpocs \Tab_2 \PAC Meeting 2007- 9 -0\RpttoCot1i1R.PAC.wptl rt_8/30/07 Amendment No. 2 does not add land to the Project Area nor is it fiscal in nature; therefore, no need for description However, to describe why limited power of eminent domain is required to "eliminate blight," there is a discussion of past efforts by the Agency to eliminate blight in Section 4 of the Report to Council Paragraph (e): Method of Financing the Project to Determine Economic Feasibility Amendment No. 2 does not modify Project Area boundaries, affect the Agency's ability to secure tax increments, or modify the Project's "base year;" therefore, no discussion is required Paragraph (f): Method or Plan for Residential Relocation Agency has a plan for relocation of families and persons as set forth in Resolution No. 89 -7 and Sections 411 -413 of the Redevelopment Plan Since no current specific projects requiring relocation, no parcel - specific plans possible Agency required to comply with all federal and state regulations Paragraph (g): Analysis of Preliminary Plan Amendment No. 2 does not modify any components of the Redevelopment Plan covered by the Preliminary Plan. Original Preliminary Plan remains valid. No further discussion warranted. Paragraph (h): Report and Recommendations of the Planning Commission This report relates to consistency between the Redevelopment Plan and the City's General Plan. Since the City's General Plan is silent as to the potential use of eminent domain by the Agency, Amendment No. 2 will not affect the Redevelopment Plan's consistency with the General Plan. Paragraph (i): Summary Refereed to in CCRL Section 33387 CCRL Section 33387 states that the summary of "minutes and record" of the PAC will be provided to the City Council as a part of the Report to Council. Such summary will be provided as a part of the Evidentiary Record provided to the City Council at the joint public hearing. Paragraph (w): Report Required by Government Code Section 65402 Government Code Section 65402 states, in part, that: no real property shall be acquired by dedication or otherwise for street, square, park or other public purposes, and no real property shall be disposed of, no street shall be vacated or abandoned, and no public building or structure shall be constructed or authorized, if the adopted general plan or part thereof applies thereto, until the location, purpose and extent of such acquisition or disposition, such street vacation or abandonment, or such public building or structure have been submitted to and reported upon by the planning agency as to conformity with said adopted general plan or part thereof. Z: \00PIn Active \Moorpark \002 \JPHBinderpocs\Tab_2 \PAC Meeting 2007- 9- 4 \RpttoCalr IRvwPAC.wpd rt _8/30/07 Since Amendment No. 2 does not cover any of the above activities, and since any such activity will need to be reviewed in light of said Section 65402 at the time of the activity, no further discussion is warranted. Paragraph (k): Report Required by Public Resources Code Section 21151 This section of the Public Resources Code relates to the need for environmental review of government sponsored projects. An Initial Study was prepared for Amendment No. 2, which Initial Study concluded that a mitigated negative declaration was required for the amendment. The mitigated negative declaration is included under Tab 4 in the Evidentiary Record. Paragraphs (1) and (n): Report of the County Fiscal Officer Required Under CCRL Section 33328 and Agency Analysis of Same This report provides the assessed values for all territory to be made subject to redevelopment under the CCRL. Since no new territory is to be added to the Project Area, no such report is required and there would be no Agency analysis. Paragraph (m): Neighborhood Impact Report Amendment No. 2 makes no changes to the rights and authorities already existing in the Agency other than the reinstatement of its limited power of eminent domain. Therefore, the neighborhood impact report provided in the report to council for the Original Redevelopment Plan remains valid. No new neighborhood impact report is warranted. Section 3.0 Description of Blight in the Project Area Section 3.1: Methodology Used • Sources of data are: i) Field Reconnaissance; ii) review of primary and secondary research material; iii) interviews with City /Agency staff; iv) UFI's professional experience • UFI retained an economist, Alfred Gobar Associates (AGA) to complete economic analysis • Field Reconnaissance: i) 40 blight indicators (see Appendix A); ii) field team drove each parcel in the Project Area; iii) identified all blight indicators on each parcel (See Appendix C) • Primary and Secondary Research: i) General Plan; ii) Zoning Ordinance; iii) Police calls; iv) U.S. Census; v) staff interviews • Blight Point Weighting —more important indicators receive more points than less important indicators • Each parcel receives a "total blight points" number from 0 to, in this case, 52 • External obsolescence Z100PIn Active\ Moorpark \002\JPHBinderpocs \Tab_2 \PAC Meeting 2007- 94\RpttoCou5- ,iIR.PAC.wpd rt_8/30/07 Incompatible land uses Section 3.2: Physical Conditions Described • Buildings with serious building code violations; conditions found in three neighborhoods (Walnut Canyon, Charles Street, Avenida Colonia); rental housing inspection program; unpermitted garages (4) • See Appendix D -1 for dilapidation and deterioration; includes 15 of the 40 Blight Indicators See Appendix D -2 for construction that is vulnerable to serious damage; includes nine of the 40 Blight Indicators See Appendix D -3 for a description of physical blighting conditions pursuant to CCRL Section 33031(a)(1) See Appendix E -1 for substandard, defective or obsolete design; includes nine of the 40 Blight Indicators See Appendix E -2 for substandard, defective or obsolete construction; includes 17 of the 40 Blight Indicators See Appendix E -3 for a description of physical blighting conditions pursuant to CCRL Section 33031(a)(2) See Appendix F -1 to locate the 67 parcels in the Project Area in multiple ownership which have either irregular shape or inadequate size pursuant to CCRL Section 33031(a)(3) Section 3.3: Economic Conditions Described • Substantial analysis to determine that property values in the Project Area are less valuable, per square foot, than in the rest of the City; including: i) review of 1,700 transactions; ii) culled to 1,060 transactions; iii) divide out land value from total value to reduce margin of error; iv) Appendix G -1 shows land value deferential -14 percent for SFR and 51 percent for MFR • See Figure 3 for the negative effects of external obsolescence • Poverty is an indication of economic blight; Appendix G -6 shows almost twice as many households in the Project Area live in poverty conditions than in the rest of the City (8.5 percent vs. 4.8 percent); Appendix G -7 shows that teenagers living in poverty in the Project Area are 1.23 times the number in the rest of the City • Overcrowding is an indication of economic blight; Appendix G -8 shows that overcrowding in the Project Area is 2.66 times that in the rest of the City Z: \00PIn Active \Moorpark \002 \JPHBinderpocs \Tab_2 \PAC Meeting 2007 -9 -4 RpttoCo,hMRvwPAC.wpd rt _8/30/07 Deficiencies in public safety is an indication of economic blight; Appendices G -11 and G -12 show that calls for service are 2.55 times greater in the Project Area that the rest of the City There are inadequate commercial facilities in the Project Area; County average was 96.4 persons per retail establishment while ProjectArea average was 277.2 persons per storefront Section 3.4: Summary of Blight in the Project Area Figure 4 shows blight summary in the Project Area Report to Council concludes that both physical and economic blight in the Project Area is both prevalent and substantial and is clearly significant Section 4.0 Reasons for Reinstating Limited Authority to Use Eminent Domain in the Project Area Much of the blight identified when the Original Redevelopment Plan was adopted remains —still work to do No substantial improvements within the Project Area since Original Redevelopment Plan was adopted in 1989 Section 4.1: Reasons for Reinstating Limited Authority Describes the limited authority requested Limited authority will help the Agency: i) more effectively implement the Redevelopment Plan; ii) carry out its five -year goals and objectives; and iii) promote and stimulate new private investment in the Project Area Section 4.2: Description Why Blight Cannot Be Eliminated without Limited Authority Some of the projects and programs listed in the Original Redevelopment Plan require the use of privately owned property; after full compliance with all "precondemnation actions" Agency may need the use of eminent domain to carry out some of these projects and programs Completion of the Agency's projects and programs is essential to the elimination of blight in the Project Area The potential for the use of eminent domain acts to focus land acquisition discussions Z: \OOPIn Active\ Moorpark \002\JPHBinderpocs \Tab_2 \PAC Meeting 2007- 9 -4\RpttoCo.7dIRvwPAC.wpd rt S/30/07 ITIONAL PAC ;ANSM ITTALS URBAN FUTURES INCORPORATED Finance • Redevelopment • Implementation • Planning • Bond Administration August 17, 2007 Dear Project Area Committee Member: For your information, please find included herewith a copy of the proposed Amendment No. 2 to the Redevelopment Plan for the Moorpark Redevelopment Project. As you know, the language contained in the Amendment addresses the Agency's need to reinstate the Plan's limited eminent domain provision for possible use in the Project Area. Please note that Amendment No. 2, as drafted, will be presented to the Agency and City Council at the September 19, 2007, Joint Public Hearing, and is the same language previously approved by the Project Area Committee at its June 8, 2006, meeting. Agency staff will provide members of the PAC with a copy of the Agency's 2007 Blight Report at the same time the document is transmitted to members of the Agency and City Council. Sincerely, URBAN FUTURES, INC. Advisors to the Moorpark Redevelopment Agency i Ryan Bensley Planner Enclosure Crestview Corporate Center - 3111 N. Tustin, Suite 230, Orange, CA 92865 -1753 Tel: (714) 283 -9334 General E -Mail: Planning @urbanfuturesinc.com Fax: (714) 283 -9139 PAC—Amendment—Lang CITY OF MOORPARK ASSISTANT CITY MANAGER'S OFFICE INTEROFFICE MEMORANDUM DATE: September 12, 2007 TO: Project Area Committee (PAC) COPY: Steven Kueny, Executive Director Hugh R. Riley, Assistant Executive Director FROM: David C. Moe II, Redevelopment Manager SUBJECT: Amendment No. 2 to the Redevelopment Plan for the Moorpark Redevelopment Project In order to comply with Senate Bill 53 (SB 53), which took effect on January 1, 2007, the Redevelopment Plan Amendment No. 2 needs to include language addressing the Redevelopment Agency's program to acquire property by use of eminent domain. Attached to this memorandum is a redlined version of section 403 of the Redevelopment Plan. Please contact David Moe, Redevelopment Manager, at 517 -6217, if there are any questions. Moorpark Redevelopment Agency Amendment No. 2 Amendment No. 2 to the Redevelopment Plan for the Moorpark Redevelopment Project September 19, 2007 Amendment No. 2 (the "Amendment ") to the Redevelopment Plan (the "Plan ") for the Moorpark Redevelopment Project (the "Project" or the "Project Area," as applicable), as previously amended, has been prepared by the Redevelopment Agency of the City of Moorpark (the "Agency ") in accordance with the California Community Redevelopment Law (CCRL) as codified in the State of California Health and Safety Code Sections 33000, et seq., and as more specifically set forth in Chapter 4, Article 12 of the CCRL, and all applicable laws and ordinances. Amendment No. 2 has been prepared for the sole purpose of reinstating the Plan's limited eminent domain provision, codified in Plan Section 403, Acquisition of Real Property, which, in its entirety, currently reads as follows: "(Section 403) Acquisition of Real Property. The Agency may purchase, lease, obtain option upon or otherwise acquire any interest in real property located in the Project Area by gift, devise, exchange, purchase, or any other means authorized by law including the use of eminent domain for the purpose of redevelopment. Acquisition of property will generally be achieved by cooperative negotiations between the owner of such property and the Agency. The following restrictions are applicable to the Agency's power of Eminent Domain: 1. All property zoned residential is excluded from eminent domain. 2. All property zoned commercial or industrial that has a residential structure (house) on it and is owner occupied at the time the Redevelopment Plan is adopted (which date shall be June 28, 1989) is excluded from eminent domain for so long as that owner occupies the residence. The Agency shall not acquire real property to be retained by an owner pursuant to a participation agreement unless provision for such acquisition is made in the agreement. The Agency is authorized to acquire structures without acquiring the land upon which those structures are located. No eminent domain proceeding to acquire real property within the ProjectArea shall be commenced after twelve (12) years following the date of adoption of the ordinance approving and adopting this Plan. Such time limitation may be extended only by amendment of this Plan. The Agency shall not acquire real property on which an existing building is to be continued on its present site and in its present form and use without the consent of the owner, unless (1) such building requires structural alterations, improvement, modernization, or rehabilitation, or (2) the site or lot on which the building is situated requires modification in size, shape, or use, or (3) it is necessary to impose upon such property any of the standards, restrictions and controls of the Plan and the owner fails or refuses to participate in the Plan by executing a participation agreement." [Emphasis added.] (Plan, pp. 4 -5) Amendment No. 2 amends Plan Section 403, Acquisition of Real Property, third paragraph (as emphasized in italics above), to read as follows: "No eminent domain proceedings to acquire property within the project Area shall be commenced after twelve (12) years following the date of adoption of the ordinance approving and adopting Amendment No. 2. Such time limitation may be. extended only by further amendment of the Plan." [Emphasis added.] A_rrerem_rt N _:.'. FM_v_,_ a ;� - � N�). _T :N L. 1,A 1 September 19, 2007 Moorpark Redevelopment Agency Amendment No. 2 Amendment No. 2 further amends Plan Section 403 Acquisition of Real Property, to add the Agency's Program for the acquisition of real property by eminent domain as follows: a. The Agency may, but is not required to exercise its authority to acquire real property and real property interests by eminent domain The Agency may exercise that authority only when the following conditions are met: 0 The proposed acquisition is necessary to execute this Plan• and ii) The real property in the Project Area proposed to be acquired by eminent domain is not of the zoning or use excluded from acquisition by eminent domain as prescribed in Sec. 403 hereof• and iii) The proposed acquisition is in compliance with all applicable law and regulations, including but not limited to the California Eminent Domain Law, California Code of Civil Procedure Section 1230 010 et seg. ( "Eminent Domain Law "); and iv) Proceedings to acquire real property or real property interests by eminent domain are commenced within the time periods prescribed under this Section 403. b. The Agency shall offer such participation and reasonable reentry opportunities to owners, business operators and tenants in the Project Area as are in accordance with this Plan the CCRL and the Agency's rules governing Participation and reentry, as such rules may be amended from time to time as set forth in Section 405 of this Plan ( "Participation by Owners and Tenants ") C. The Agency shall provide relocation assistance and make all payments in accordance with applicable State law. If and when applicable the Agency shall Provide relocation assistance and benefits in accordance with all applicable Federal law. Furthermore, the Agency shall comply with the Agency Relocation Guidelines. d. If the Agency's Owner Participation Rules or Agency Relocation Rules are amended or superseded subsequent to the adoption of the ordinance approving and adopting Amendment No 2 the foregoing description of the Agency's eminent domain program is automatically amended to be consistent with any such amendment or new rules and no amendment of this Plan shall be required No other sections of the Plan are affected, amended, or in any way modified by Amendment No. 2. Amcnam.nt No 2 f NI.r:.>.,a� .w -m 0 2 J N14-- 2 September 19, 2007 Moorpark Redevelopment Agency Amendment No. 2 Amendment No. 2 to the Redevelopment Plan for the Moorpark Redevelopment Project September 19, 2007 Amendment No. 2 (the "Amendment ") to the Redevelopment Plan (the "Plan ") for the Moorpark Redevelopment Project (the "Project" or the "Project Area," as applicable), as previously amended, has been prepared by the Redevelopment Agency of the City of Moorpark (the "Agency ") in accordance with the California Community Redevelopment Law (CCRL) as codified in the State of California Health and Safety Code Sections 33000, et seq., and as more specifically set forth in Chapter 4, Article 12 of the CCRL, and all applicable laws and ordinances. Amendment No. 2 has been prepared for the sole purpose of reinstating the Plan's limited eminent domain provision, codified in Plan Section 403, Acquisition of Real Property, which, in its entirety, currently reads as follows: "(Section 403) Acauisition of Real Propert y. The Agency may purchase, lease, obtain option upon or otherwise acquire any interest in real property located in the Project Area by gift, devise, exchange, purchase, or any other means authorized by law including the use of eminent domain for the purpose of redevelopment. Acquisition of property will generally be achieved by cooperative negotiations between the owner of such property and the Agency. The following restrictions are applicable to the Agency's power of Eminent Domain: 1. All property zoned residential is excluded from eminent domain. 2. All property zoned commercial or industrial that has a residential structure (house) on it and is owner occupied at the time the Redevelopment Plan is adopted (which date shall be June 28, 1989) is excluded from eminent domain for so long as that owner occupies the residence. The Agency shall not acquire real property to be retained by an owner pursuant to a participation agreement unless provision for such acquisition is made in the agreement. The Agency is authorized to acquire structures without acquiring the land upon which those structures are located. No eminent domain proceeding to acquire real property within the Project Area shall be commenced after twelve (12) years following the date of adoption of the ordinance approving and adopting this Plan. Such time limitation may be extended only by amendment of this Plan. The Agency shall not acquire real property on which an existing building is to be continued on its present site and in its present form and use without the consent of the owner, unless (1) such building requires structural alterations, improvement, modernization, or rehabilitation, or (2) the site or lot on which the building is situated requires modification in size, shape, or use, or (3) it is necessary to impose upon such property any of the standards, restrictions and controls of the Plan and the owner fails or refuses to participate in the Plan by executing a participation agreement." [Emphasis added.] (Plan, pp. 4 -5) Amendment No. 2 amends Plan Section 403, Acquisition of Real Property, third paragraph (as emphasized in italics above), to read as follows: "No eminent domain proceedings to acquire property within the project Area shall be commenced after twelve (12) years following the date of adoption of the ordinance approving and adopting Amendment No. 2. Such time limitation may be extended only by further amendment of the Plan." [Emphasis added.] Amendment No. 2_FNLv2 1 September 19, 2007 Moorpark Redevelopment Agency Amendment No. 2 Amendment No. 2 further amends Plan Section 403, Acquisition of Real Property, to add the Agency's program for the acquisition of real property by eminent domain as follows: The Agency may, but is not required to, exercise its authority to acquire real property and real property interests by eminent domain. The Agency may exercise that authority only when the following conditions are met: i) The proposed acquisition is necessary to execute this Plan; and ii) The real property in the Project Area proposed to be acquired by eminent domain is not of the zoning or use excluded from acquisition by eminent domain as prescribed in Sec. 403 hereof; and iii) The proposed acquisition is in compliance with all applicable law and regulations, including but not limited to the California Eminent Domain Law, California Code of Civil Procedure Section 1230.010 et seq. ( "Eminent Domain Law "); and iv) Proceedings to acquire real property or real property interests by eminent domain are commenced within the time periods prescribed under this Section 403. b. The Agency shall offer such participation and reasonable reentry opportunities to owners, business operators, and tenants in the Project Area as are in accordance with this Plan, the CCRL, and the Agency's rules governing participation and reentry, as such rules may be amended from time to time, as set forth in Section 405 of this Plan ( "Participation by Owners and Tenants "). C. The Agency shall provide relocation assistance and make all payments in accordance with applicable State law. If and when applicable, the Agency shall provide relocation assistance and benefits in accordance with all applicable Federal law. Furthermore, the Agency shall comply with the Agency Relocation Guidelines. d. If the Agency's Owner Participation Rules or Agency Relocation Rules are amended or superseded subsequent to the adoption of the ordinance approving and adopting Amendment No. 2, the foregoing description of the Agency's eminent domain program is automatically amended to be consistent with any such amendment or new rules and no amendment of this Plan shall be required. No other sections of the Plan are affected, amended, or in any way modified by Amendment No. 2. Amendment No. 2_FNLv2 2 September 19, 2007 4 Notice of Intent to Adopt Mitigated Negative Declaration, Mitigated Negative Declaration, Mitigation Measures, Related Initial Study and Mitigation Monitoring and Reporting Program for Amendment No. 2 City af.�Nloorpark COMMUNITY DEVELOPMENT DEPARTMENT: PLANNING — BUILDING AND SAFETY — CODE COMPLIANCE 799 Moorpark Avenue, Moorpark, Calffornia 93021 (805) 517 -6200 fax (805) 532 -2540 NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE. DECLARATION NOTICE IS HEREBY GIVEN: The City of Moorpark, after having conducted an Initial Study, has prepared a Mitigated Negative Declaration for the following project: Amendment No. 2 to the Moorpark Redevelopment Plan: To Reinstate Eminent Domain Authority to the Moorpark Redevelopment Agency The proposed Mitigated Negative Declaration and Initial Study are forwarded to your agency for possible comments relating to your area of interest. Written comments on this Mitigated Negative Declaration will be accepted in the Community Development Department office from August 20 2007 to September 19, 2007. Written comments should be directed to: Hugh Riley, Assistant City Manager City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 (805) 517 -6215 hriley(M-ci.moorpark.ca.us The Moorpark Redevelopment Agency and City Council will be considering this proposed project at a joint meeting on September 19, 2007 at or after the hour of 7:00 PM at the City Hall Council Chambers, 799 Moorpark Avenue. Additional information on public hearings or meetings for the proposed project can be obtained from the Moorpark Redevelopment Agency at (805) 517 -6217. The proposed Mitigated Negative Declaration and Initial Study and all documents referenced therein are available for review during normal business hours in the Moorpark Redevelopment Agency office, City Hall, 799 Moorpark Avenue, Moorpark, California, 93021. The project site is not contained on any of the lists enumerated under Section 65962.5 of the Government Code including, but not limited to lists of hazardous waste facilities, land designated as hazardous waste property, and hazardous waste disposal sites. PATRICK HUNTER KEITH F. MILLHOUSE ROSEANN MIKOS MARK VAN DAM JANICE PARVIN Mayor Mayor Pro Tom Councilmember Councilmember Coundimember THIS PAGE INTENTIONALLY LEFT BLANK MITIGATED NEGATIVE DECLARATION CITY OF MOORPARK 799 MOORPARK AVENUE MOORPARK, CA 93021 (805) 517 -6200 The following Mitigated Negative Declaration has been prepared in accordance with the California Environmental Ouality Act of 1970 as amended, the State Guidelines, and the Environmental Procedures of the City of Moorpark. Public Review Period: Project Title /Case No.: Project Location: Project Description: Project Type: Project Applicant: August 20, 2007 — September 19, 2007 Amendment No. 2 to Redevelopment Plan for Moorpark Redevelopment Project Moorpark Redevelopment Project Area See attached initial Study Private Project X Public Project Moorpark Redevelopment Agency, 799 Moorpark Avenue, Moorpark, CA 93021 (805) 517 -6217 Finding: After preparing an Initial Study for the above - referenced project, revisions have been made by or agreed to by the applicant consistent with the mitigation measures identified in the Initial Study. With these revisions, it is found that there is no substantial evidence, in light of the whole record before the City of Moorpark, that the project may have a significant effect on the environment. (Initial Study Attached) Responsible Agencies: None identified. Trustee Agencies: None identified Attachments: Initial Study with Mitigation Measures Contact Person: Hugh R. Riley Assistant City Manager City of Moorpark 799 Moorpark Avenue Moorpark, California, 93021 (805) 517 -6215 SACommunity Development \FORMS \Environmental \Proposed MND.doc Redevelopment Plan Amendment No. 2 Reinstatement of Eminent Domain CITY OF MOORPARK INITIAL STUDY 799 MOORPARK AVENUE MOORPARK, CA 93021 (805) 517 -6200 Project Title: Redevelopment Plan Amendment No. 2: Reinstatement of Eminent Domain Contact Person and Phone No.: Hugh Riley (805) 517 -6215 Name of Applicant: Moorpark Redevelopment Agency Address and Phone No.: 799 Moorpark Avenue, Moorpark, CA 93021 (805) 517 -6217 Project Location: Moorpark Redevelopment Project Area General Plan Designation: Residential, Commercial, Zoning: Residential, Commercial, Industrial, Industrial, Open Space, Utilities, Agricultural, Open Space, and Parks, Schools, Specific Plan, Institutional Public Institutional, Freeway, and Floodway Project Description: Amendment No. 2 (the "Amendment ") to the Redevelopment Plan (the "Plan ") for the Moorpark Redevelopment Project (the "Project" or the "Project Area," as applicable), as previously amended, has been prepared by the Redevelopment Agency of the City of Moorpark (the "Agency ") in accordances with the California Community Redevelopment Law (CCRL) as codified in the State of California Health and Safety Code Sections 33000, et seq., and as more specifically set forth in Chapter 4, Article 12 of the CCRL, and all applicable laws and ordinances. Amendment No. 2 has been prepared for the sole purpose of reinstating the Plan's limited eminent domain provision, codified in Plan Section 403, Acquisition of Real Property, which, in its entirety, currently reads as follows: "(Section 403) Acquisition of Real Property. The Agency may purchase, lease, obtain option upon or otherwise acquire any interest in real property located in the Project Area by gift, devise, exchange, purchase, or any other means authorized by law including the use of eminent domain for the purpose of redevelopment. Acquisition of property will generally be achieved by cooperative negotiations between the owner of such property and the Agency. The following restrictions are applicable to the Agency's power of Eminent Domain: 1. All property zoned residential is excluded from eminent domain. 2. All property zoned commercial or industrial that has a residential structure (house) on it and is owner occupied at the time the Redevelopment Plan is adopted (which date shall be June 28, 1989) is excluded from eminent domain for so long as that owner occupies the residence. The Agency shall not acquire real property to be retained by an owner pursuant to a participation agreement unless provision for such acquisition is made in the agreement. The Agency is authorized to acquire structures without acquiring the land upon which those structures are located. No eminent domain proceeding to acquire real property within the Project Area shall be commenced after twelve (12) years following the date of adoption of the ordinance approving and adopting this Plan. Such time limitation may be extended only by amendment of this Plan. The Agency shall not acquire real property on which an existing building is to be continued on its present site and in its present form and use without the consent of the owner, unless (1) such building requires structural alterations, improvement, modernization, or rehabilitation, or (2) the site or lot on which the building is situated requires modification in size, shape, or use, or (3) it is necessary to impose upon such property any of the standards, restrictions and controls of the Plan and the owner fails or refuses to participate in the Plan by executing a participation agreement." [Emphasis added.) (Plan, pp, 4 -5)" Amendment No. 2 amends Plan Section 403, Acquisition of Real Property, third paragraph (as emphasized in italics above), to read as follows: "No eminent domain proceedings to acquire property within the project Area shall be commenced after twelve (12) years following the date of adoption of the ordinance approving and adopting Amendment No. 2. Such time limitation may be extended only by further amendment of the Plan." [Emphasis added.] No other sections of the Plan are affected, amended, or in any way modified by Amendment No. 2. Redevelopment Plan Amendment No. 2 Reinstatement of Eminent Domain Surrounding Land Uses and Setting: North: Residences, Open Space, and Freeway South: Arroyo Simi, Residences, Industrial Uses, Arroyo Vista Park, Glenwood Park, Agriculture (Container Plants) East: Open Space, Industrial Uses West: Residences, Open Space Responsible and Trustee Agencies: None identified at this time. ENVIRONMENTAL The "Potentially FACTORS POTENTIALLY environmental factors checked below would be Significant Impact" or "Less Than Si nificant Aesthetics Biological Resources X Hazards and Hazardous Materials Mineral Resources Public Services Utilities/Service Systems AFFECTED: potentially affected by this project, involving With Mitigation, "as indicated by the checklist Agricultural Resources Cultural Resources Hydrology/Water Quality Noise Recreation Mandatory Findings of Significance at least one impact that is a on the following pages. Air Quality Geology /Soils Land Use /Planning Population /Housing Transportationfrraffic None X DETERMINATION: On the basis of this initial evaluation, I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. Mitigation measures described on the attached Exhibit 1 have been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared. Prepared by: avid A. B bar t, anning Direc r Date: Reviewed by: 0001" JariVl-logan, pu City Manager Date: 2 Redevelopment Plan Amendment No. 2 Reinstatement of Eminent Domain INITIAL STUDY EXHIBIT 1: MITIGATED NEGATIVE DECLARATION MITIGATION MEASURES AND MONITORING AND REPORTING PROGRAM Prior to the issuance of a grading permit, building permit or initiation of any disturbance to structures or land on property acquired by the redevelopment agency through eminent domain, an archaeological resource mitigation program plan, prepared by a County - certified archaeologist, shall be prepared for the site and submitted to the Planning Director for review and approval. The plan shall include the results of an archaeological records search and intensive site survey, along with the identification of any specific measures necessary to reduce archeological resource impacts on the site to a less -than significant level, consistent with the thresholds established in Section 15064.5 of the CEQA Guidelines. These measures shall be incorporated as project conditions binding on the project, and shall be noted on the grading plan or building plan cover sheet. If additional or unexpected archaeological features are discovered, work on the site shall cease. The site shall be re- assessed and the mitigation plan shall be amended as necessary prior to the resumption of site work. The archaeologist shall submit a follow -up report to the City of Moorpark Community Development Department, which shall include the period of inspection, an analysis of any artifacts found, and the present repository of the artifacts. Monitoring Action: Review of plan; site inspection Timing: Prior to issuance of grading permit, building permit, or initiation of any disturbance to structures or land (review of plan); during construction (site inspection) Responsibility: Planning Director 2. In accordance with California Health and Safety Code Section 7050.5, if human remains are found during grading or construction, no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent remains shall occur until the County Coroner has determined the appropriate treatment and disposition of the human remains. The County Coroner shall make such determination within two working days of notification of discovery. The County Coroner shall be notified within 24 hours of the discovery. If the County Coroner determines that the remains are or believed to be Native American, the County Coroner shall notify the Native American Heritage Commission in Sacramento within 24 hours. In accordance with California Public Resources Code Section 5097.98, the Native American Heritage Commission must immediately notify those persons it believes to be the most likely descended from the deceased Native American. The descendents shall complete their inspection within 24 hours of notification. The designated Native American representative would then determine, in consultation with the property owner, the disposition of the human remains. Monitoring Action: Site inspection; notification of County Coroner and coordination with Native American Heritage Commission and Native American representative, if necessary Timing: During construction activities Responsibility. Planning Director K7 Redevelopment Plan Amendment No. 2 Reinstatement of Eminent Domain 3. Prior to the issuance of a grading permit for excavation on property acquired by the redevelopment agency through eminent domain, a soils report shall be submitted to the Planning Director for review and approval, identifying the types of soils that will be exposed to grading /disturbance activities. Along with this report, a paleontological resource mitigation program plan, outlining procedures for site inspections, paleontological data recovery, and resource ownership, shall be prepared and submitted to the Planning Director for review and approval. The program shall include sufficient monitoring of the potential fossil - bearing areas of the site during grading operations with procedures for resource recovery to ensure that paleontological resources are not lost during grading operations. Paleontological resource requirements shall be incorporated as project conditions binding on the project, and shall be noted on the grading plan cover sheet. A qualified paleontologist shall be retained to monitor, and, if necessary, salvage scientifically significant fossil remains during grading operations. The duration of these inspections shall be determined by the paleontologist and shall depend on the sensitivity of the rock units, the rate of excavation, and the abundance of fossils. The duration shall be determined by: a. Grading activities in geologic units of high paleontological sensitivity shall require full -time monitoring by a qualified paleontologist. b. Geologic units of low or moderate paleontological sensitivity shall require part-time monitoring. If significant fossils are observed during grading, full -time monitoring shall be implemented. c. The paleontologists shall have the power to temporarily divert or direct grading efforts to allow for evaluation and any necessary salvage of exposed fossils. d. Monitoring may be reduced if the potentially fossiliferous units described in this assessment are not present subsurface or, if present, are determined upon exposure and examination by qualified paleontological personnel to have low potential to contain fossil resources. Monitoring Action: Review of soils report and plan; site inspection Timing: Prior to issuance of grading permit or initiation of excavation activities (review of soils report and plan); during construction (site inspection) Responsibility: Planning Director 4. Prior to the issuance of a grading permit, building permit or initiation of any disturbance to structures or land on property acquired by the redevelopment agency through eminent domain, a historical resource mitigation program plan shall be prepared for the site and submitted to the Planning Director for review and approval. The plan shall include the identification of any specific measures necessary to reduce historical resource impacts on the site to a less-than. significant level, consistent with the thresholds established in Section 15064.5 of the CEQA Guidelines. These measures shall be incorporated as project conditions binding on the project, and shall be noted on the grading plan and /or building plan cover sheet. Monitoring Action: Review of plan; site inspection Timing: Prior to issuance of grading permit, building permit, or initiation of any disturbance to structures or land (review of plan); during construction (site inspection) Responsibility: Planning Director 5. Prior to the issuance of a grading permit, building permit or initiation of any disturbance to structures or land on property acquired by the redevelopment agency through eminent domain, a complete Phase I Environmental Site Assessment and any necessary Phase II Assessment shall be prepared for the site and submitted to the Planning Director for review and approval. 0 Redevelopment Plan Amendment No. 2 Reinstatement of Eminent Domain Any recommended remediation shall be completed in compliance with State and Federal regulations concerning the handling and disposal of hazardous substances prior to the initiation of any further development activities on the site. Monitoring Action: Review of Environmental Site Assessment(s); inspection of remediation if needed Timing: Prior to issuance of grading permit, building permit, or initiation of any disturbance to structures or land Responsibility: Planning Director 5 Redevelopment Plan Amendment No. 2 Reinstatement of Eminent Domain Less Than Potentially Significant Significant With Impact Mitigation A. AESTHETICS — Would the project: 1) Have a substantial adverse effect on a scenic vista? 2) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? 3) Substantially degrade the existing visual character or quality of the site and its surroundings? 4) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? Less Than Significant No Impact Impact X X X X Response: The Final Program Environmental Impact Report (EIR) for the Redevelopment Plan (SCH #88113035) did not identify any significant aesthetic effects resulting from the redevelopment activities identified in the plan. The proposed Redevelopment Plan amendment proposes no physical implementation activities beyond those identified in the Redevelopment Plan, including the 2005 -2009 Implementation Plan. Sources: Redevelopment Plan (June 1989), Final Program EIR for Moorpark Redevelopment Project (SCH #88113035, June 1989), 2005 -2009 Implementation Plan, General Plan Land Use Element (1992), Final EIR for the Land Use and Circulation Element Update and Sphere of Influence Expansion Study (SCH #90010061, May 1992). Mitigation: None required. B. AGRICULTURE RESOURCES — In determining whether impacts to agricultural resources are significant environmental effects, the City of Moorpark may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: 1) Convert Prime Farmland, Unique Farmland, or Farmland X of Statewide Importance (Farmland), as shown on maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources agency, to non - agricultural use? 2) Conflict with existing zoning for agricultural use, or a X Williamson Act contract? 3) Involve other changes in the existing environment which, X due to their location or nature, could result in conversion of Farmland, to non - agricultural use? 0 Redevelopment Plan Amendment No. 2 Reinstatement of Eminent Domain Less Than Potentially Significant Less Than Significant With Significant No impact Mitigation Impact Impact Response: No agricultural uses or Williamson Act contracts currently exist in the Project Area. Two sites have been identified in the 1989 Redevelopment Plan as having existing agricultural uses_ Both have since been converted to urban uses. The one area of land in the Project Area designated by the California Department of Conservation as Prime Farmland in 2002 has since either been converted to or entitled for urban uses. It has not been in agricultural production in recent years, and is planned and zoned for urban uses. The one area of land in the Project Area designated by the State as Farmland of Local Importance in 2002 has a development application on file and the use of eminent domain is not expected for this property. It has not been in agricultural production in recent years. No Unique Farmland or Farmland of Statewide Importance has been designated within the Project Area. The proposed Redevelopment Plan amendment proposes no physical implementation activities beyond those identified in the Redevelopment Plan, including the 2005 -2009 Implementation Plan. Sources: Redevelopment Plan (June 1989), 2005 -2009 Implementation Plan, PhotomapperO Aerial Photos (2002), California Dep't of Conservation: Ventura County Important Farmland Map (2002) Mitigation: None required. C. AIR QUALITY — Would the project: 1) Conflict with or obstruct implementation of the applicable x air quality plan? 2) Violate any air quality standard or contribute X substantially to an existing or projected air quality violation? 3) Result in a cumulatively considerable net increase of any X criteria pollutant for which the project region is non attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? 4) Expose sensitive receptors to substantial pollutant x concentrations? 5) Create objectionable odors affecting a substantial number X of people? Response: The Project Area is located in the South Central Coast Air Basin and is under the jurisdiction of the Ventura County Air Pollution Control District for regulating stationary sources of pollution. Ventura County is a severe non- attainment area for the federal and state one -hour ozone standards, and has been recommended as a non - attainment area for the federal eight -hour ozone standard. Ventura County is also a non - attainment area for the state standard for PM10 (particulate matter with an aerodynamic diameter of 10 microns or smaller)_ Ambient levels of other pollutants in Ventura County do not violate state or federal standards. Emissions from redevelopment activities under the current Redevelopment Plan have been previously assessed in the Final EIR for the Redevelopment Plan (SCH #88113035) and General Plan 1992 Land Use and Circulation Element Update (SCH #90010061). Transportation Demand Management Program fees are collected from development projects as a standard condition. The proposed Redevelopment Plan amendment proposes no physical implementation activities beyond those identified in the Redevelopment Plan, including the 2005 -2009 Implementation Plan. 7 Redevelopment Plan Amendment No. 2 Reinstatement of Eminent Domain Less Than Potentially Significant Less Than Significant With Significant No Impact Mitigation Impact Impact Sources: Ventura County Air Pollution Control District: Ventura County Air Quality Assessment Guidelines (October 2003), Redevelopment Plan (June 1989), Final Program EIR for Moorpark Redevelopment Project (SCH #88113035, June 1989),2005-2009 Implementation Plan, General Plan Land Use Element (1992), Final EIR for the Land Use and Circulation Element Update and Sphere of Influence Expansion Study (SCH #90010061, May 1992), Standard Conditions. Mitigation: None required. D. BIOLOGICAL RESOURCES — Would the project: 1) Have a substantial adverse effect, either directly or X through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the Califomia Department of Fish and Game or U.S. Fish and Wildlife Service? 2) Have a substantial adverse effect on any riparian habitat X or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? 3) Have a substantial adverse effect on federally protected X wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? 4) Interfere substantially with the movement of any native X resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? 5) Conflict with any local policies or ordinances protecting X biological resources, such as a tree preservation policy or ordinance? 6) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservanon plan Response: The Project Area is primarily urbanized. The EIR for the Redevelopment Plan noted that redevelopment activities could result in the elimination and /or displacement of assorted native and non - native plant species and some small rodents and other mammals located in the Project Area. However, this was not considered a significant effect given that the area was not considered primary natural habitat. The proposed Redevelopment Plan amendment does not expand the Project Area or include development beyond that which would occur without the amendment. Sources: Redevelopment Plan (June 1989), Final Program EIR for Moorpark Redevelopment Project (SCH #88113035, June 1989), 2005 -2009 Implementation Plan, Photomapper® Aerial Photos (2002). Mitigation: None required. E: Redevelopment Plan Amendment No. 2 Reinstatement of Eminent Domain Less Than Potentially Significant Less Than Significant With Significant No Impact Mitigation Impact Impact E. CULTURAL RESOURCES — Would the project: 1) Cause a substantial adverse change in the significance of a historic resource as defined in §15064.5? 2) Cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.5? 3) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? 4) Disturb any human remains, including those interred outside of formal cemeteries? X X X X Response: The Final EIR for the Redevelopment Plan (SCH #88113035) noted the possibility for significant impacts on historical, archaeological, or paleontological resources. Mitigation called for an investigation if such resources were uncovered during plan implementation. Although this project does not include physical implementation activities beyond those which would occur without the amendment, additional mitigation is identified to reduce cultural resource impacts to a less -than significant level. Sources Redevelopment Plan (June 1989), Final Program EIR for Moorpark Redevelopment Project (SCH #88113035, June 1989), 2005 -2009 Implementation Plan Mitigation: 1. Prior to the issuance of a grading permit, building permit or initiation of any disturbance to structures or land on property acquired by the redevelopment agency through eminent domain, an archaeological resource mitigation program plan, prepared by a County- certified archaeologist, shall be prepared for the site and submitted to the Planning Director for review and approval. The plan shall include the results of an archaeological records search and intensive site survey, along with the identification of any specific measures necessary to .reduce archeological resource impacts on the site to a less -than significant level, consistent with the thresholds established in Section 15064.5 of the CEQA Guidelines. These measures shall be incorporated as project conditions binding on the project, and shall be noted on the grading plan or building plan cover sheet. If additional or unexpected archaeological features are discovered, work on the site shall cease. The site shall be re- assessed and the mitigation plan shall be amended as necessary prior to the resumption of site work. The archaeologist shall submit a follow -up report to the City of Moorpark Community Development Department, which shall include the period of inspection, an analysis of any artifacts found, and the present repository of the artifacts. 2. In accordance with California Health and Safety Code Section 7050.5, if human remains are found during grading or construction, no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent remains shall occur until the County Coroner has determined the appropriate treatment and disposition of the human remains. The County Coroner shall make such determination within two working days of notification of discovery. The County Coroner shall be notified within 24 hours of the discovery. If the County Coroner determines that the remains are or believed to be Native American, the County Coroner shall notify the Native American Heritage Commission in Sacramento within 24 hours. In accordance with California Public Resources Code Section, 5097.98, the Native American Heritage Commission must immediately notify those persons it believes to be the most likely descended from the deceased Native American. The descendents shall complete their inspection within 24 hours of notification. The designated Native American representative would then determine, in consultation with the property owner, the disposition of the human remains. M Redevelopment Plan Amendment No. 2 Reinstatement of Eminent Domain Less Than Potentially Significant Less Than Significant With Significant No impact mitigation Impact Impact Prior to the issuance of a grading permit for excavation on property acquired by the redevelopment agency through eminent domain, a soils report shall be submitted to the Planning Director for review and approval, identifying the types of soils that will be exposed to grading /disturbance activities. Along with this report, a paleontological resource mitigation program plan, outlining procedures for site inspections, paleontological data recovery, and resource ownership, shall be prepared and submitted to the Planning Director for review and approval. The program shall include sufficient monitoring of the potential fossil- bearing areas of the site during grading operations with procedures for resource recovery to ensure that paleontological resources are not lost during grading operations. Paleontological resource requirements shall be incorporated as project conditions binding on the project, and shall be noted on the grading plan cover sheet. A qualified paleontologist shall be retained to monitor, and, if necessary, salvage scientifically significant fossil remains during grading operations. The duration of these inspections shall be determined by the paleontologist and shall depend on the sensitivity of the rock units, the rate of excavation, and the abundance of fossils. The duration shall be determined by- e. Grading activities in geologic units of high paleontological sensitivity shall require full - time monitoring by a qualified paleontologist. f. Geologic units of low or moderate paleontological sensitivity shall require part-time monitoring. If significant fossils are observed during grading, full -time monitoring shall be implemented. g. The paleontologists shall have the power to temporarily divert or direct grading efforts to allow for evaluation and any necessary salvage of exposed fossils. h. Monitoring may be reduced if the potentially fossiliferous units described in this assessment are not present subsurface or, if present, are determined upon exposure and examination by qualified paleontological personnel to have low potential to contain fossil resources. 4. Prior to the issuance of a grading permit, building permit or initiation of any disturbance to structures or land on property acquired by the redevelopment agency through eminent domain, a historical resource mitigation program plan shall be prepared for the site and submitted to the Planning Director for review and approval. The plan shall include the identification of any specific measures necessary to reduce historical resource impacts on the site to a less -than significant level, consistent with the thresholds established in Section 15064.5 of the CEQA Guidelines. These measures shall be incorporated as project conditions binding on the project, and shall be noted on the grading plan and /or building plan cover sheet. F. GEOLOGY AND SOILS — Would the project: 1) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death Involving. i) Rupture of a known earthquake fault, as delineated on the most recent Alquist- Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? iii) Seismic - related ground failure, including liquefaction? 10 X X X Redevelopment Plan Amendment No. 2 Reinstatement of Eminent Domain 5) Have soils incapable of adequately supporting the use of X septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste Response: The potential environmental impacts with regard to soils, geology, and seismicity within the Project Area were evaluated in the Final EIR for the redevelopment plan. Mitigation measures identified in this EIR and incorporated into this project reiterate Code requirements and standard project conditions that reduce geologic impacts to a less -than significant level. The proposed Redevelopment Plan amendment proposes no physical implementation activities beyond those identified in the Redevelopment Plan, including the 2005 -2009 Implementation Plan. Code requirements and standard conditions required at the project review level would reduce potential geology and soils impacts to a less -than significant level. Sources: Redevelopment Plan (June 1989), Final Program EIR for Moorpark Redevelopment Project (SCH #88113035, June 1989), 2005 -2009 Implementation Plan, General Plan Safety Element (2001), Standard Conditions Mitigation: None required. G. HAZARDS AND HAZARDOUS MATERIALS — Would the project: 1) Create a significant hazard to the public -or the environment through the routine transport, use, or disposal of hazardous materials? 2) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? 3) Emit hazardous emission or handle hazardous or acutely hazardous materials, substances, or waste within one - quarter mile of an existing or proposed school? 4) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? 5) For a project located within an airport, land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? 11 X X X Less Than Potentially Significant Less Than Significant With Significant No Impact Mitigation Impact Impact iv) Landslides? X 2) Result in substantial soil erosion or the loss of topsoil? X 3) Be located on a geologic unit or soil that is unstable, or X that would become unstable as a result of the project, and potentially result in on- or off -site landslide, lateral spreading, subsidence, liquefaction or collapse? 4) Be located on expansive soil, as defined in Table 18 -1 -B X of the Uniform Building Code (1994), creating substantial risks to life or property? 5) Have soils incapable of adequately supporting the use of X septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste Response: The potential environmental impacts with regard to soils, geology, and seismicity within the Project Area were evaluated in the Final EIR for the redevelopment plan. Mitigation measures identified in this EIR and incorporated into this project reiterate Code requirements and standard project conditions that reduce geologic impacts to a less -than significant level. The proposed Redevelopment Plan amendment proposes no physical implementation activities beyond those identified in the Redevelopment Plan, including the 2005 -2009 Implementation Plan. Code requirements and standard conditions required at the project review level would reduce potential geology and soils impacts to a less -than significant level. Sources: Redevelopment Plan (June 1989), Final Program EIR for Moorpark Redevelopment Project (SCH #88113035, June 1989), 2005 -2009 Implementation Plan, General Plan Safety Element (2001), Standard Conditions Mitigation: None required. G. HAZARDS AND HAZARDOUS MATERIALS — Would the project: 1) Create a significant hazard to the public -or the environment through the routine transport, use, or disposal of hazardous materials? 2) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? 3) Emit hazardous emission or handle hazardous or acutely hazardous materials, substances, or waste within one - quarter mile of an existing or proposed school? 4) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? 5) For a project located within an airport, land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? 11 X X X Redevelopment Plan Amendment No. 2 Reinstatement of Eminent Domain 6) Expose people or structures to a significant risk of loss, X injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where resiaences are intermixea witn wnalanas'! Response: Property acquisition may involve properties that are contaminated with hazardous materials. A complete Phase I Environmental Site Assessment and any necessary Phase II Assessment, normally obtained prior to site acquisition, may not be possible prior to acquisition through eminent domain if the property owner is unwilling to allow a site reconnaissance. However, this could be performed after acquisition and prior to initiation of any development activities. Compliance with all State and Federal regulations concerning the handling and disposal of hazardous substances would reduce potential hazardous substance impacts to a less -than significant level. No airports, private airstrips, or land within an airport land use plan are located within the vicinity of the Project Area. The proposed Redevelopment Plan amendment proposes no physical implementation activities beyond those identified in the Redevelopment Plan. Sources: Redevelopment Plan (June 1989), Final Program EIR for Moorpark Redevelopment Project (SCH #88113035, June 1989), 2005 -2009 Implementation Plan, General Plan Safety Element (2001) Mitigation: Prior to the issuance of a grading permit, building permit or initiation of any disturbance to structures or land on property acquired by the redevelopment agency through eminent domain, a complete Phase I Environmental Site Assessment and any necessary Phase II Assessment shall be prepared for the site and submitted to the Planning Director for review and approval. Any recommended remediation shall be completed in compliance with State and Federal regulations concerning the handling and disposal of hazardous substances prior to the initiation of any further development activities on the site. H. HYDROLOGY AND WATER QUALITY — Would the project: 1) Violate any water quality standards or waste discharge requirements? 2) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre- existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? 3) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off -site? 12 X X X Less Than Potentially Significant Less Than Significant With Significant No Impact Mitigation Impact Impact 6) For a project within the vicinity of a private airstrip, would X the project result in a safety hazard for people residing or working in the project area? 7) Impair implementation of or physically interfere with an X adopted emergency response plan or emergency evacuation plan? 6) Expose people or structures to a significant risk of loss, X injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where resiaences are intermixea witn wnalanas'! Response: Property acquisition may involve properties that are contaminated with hazardous materials. A complete Phase I Environmental Site Assessment and any necessary Phase II Assessment, normally obtained prior to site acquisition, may not be possible prior to acquisition through eminent domain if the property owner is unwilling to allow a site reconnaissance. However, this could be performed after acquisition and prior to initiation of any development activities. Compliance with all State and Federal regulations concerning the handling and disposal of hazardous substances would reduce potential hazardous substance impacts to a less -than significant level. No airports, private airstrips, or land within an airport land use plan are located within the vicinity of the Project Area. The proposed Redevelopment Plan amendment proposes no physical implementation activities beyond those identified in the Redevelopment Plan. Sources: Redevelopment Plan (June 1989), Final Program EIR for Moorpark Redevelopment Project (SCH #88113035, June 1989), 2005 -2009 Implementation Plan, General Plan Safety Element (2001) Mitigation: Prior to the issuance of a grading permit, building permit or initiation of any disturbance to structures or land on property acquired by the redevelopment agency through eminent domain, a complete Phase I Environmental Site Assessment and any necessary Phase II Assessment shall be prepared for the site and submitted to the Planning Director for review and approval. Any recommended remediation shall be completed in compliance with State and Federal regulations concerning the handling and disposal of hazardous substances prior to the initiation of any further development activities on the site. H. HYDROLOGY AND WATER QUALITY — Would the project: 1) Violate any water quality standards or waste discharge requirements? 2) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre- existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? 3) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off -site? 12 X X X Redevelopment Plan Amendment No. 2 Reinstatement of Eminent Domain 7) Place housing within a 100 -year flood hazard area as X mapped on a federal Flood Hazard boundary or Flood Insurance Rate Map or other flood hazard delineation map? 8) Place within a 100 -year Flood hazard area structures which X would impede or redirect Flood Flows? 9) Expose people or structures to a significant risk of loss, X injury or death involving i) Flooding, including flooding as a result of the failure of a levee or dam? it) inundation by seiche, tsunami, or mudflow? X Response: Code requirements and standard conditions provided at the development project review level ensure that all new development projects include a Stormwater Pollution Control Plan (SWPCP) and a Stormwater Pollution Prevention Plan (SWPPP) in accordance with requirements of the Ventura Countywide Stormwater Quality Management Program, Technical Guidance Manual for Stormwater Quality Control Measures, National Pollution Discharge Elimination System (NPDES) Permit No. CAS004002. Areas of the Redevelopment Project Area within the 100 -year floodplain can only be used for housing if a Letter of Map Revision (LOMR) is issued by the Federal Emergency Management Agency, indicating that the land is no longer within the 100 - year floodplain. In addition, project hydrology reports are required to demonstrate that new development would not create adverse drainage impacts on surrounding properties. The proposed Redevelopment Plan amendment proposes no physical implementation activities beyond those identified in the Redevelopment Plan, including the 2005 -2009 Implementation Plan. Sources: Redevelopment Plan (June 1989), Final Program EIR for Moorpark Redevelopment Project (SCH #88113035, June 1989), 2005 -2009 Implementation Plan, Standard Conditions, General Plan Safety Element (2001) Mitigation: None required. I. LAND USE AND PLANNING — Would the project: 1) Physically divide an established community? X 2) Conflict with any applicable land use plan, policy, or X regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? 13 Less Than Potentially Significant Less Than Significant With Significant No Impact Mitigation Impact Impact 4) Substantially alter the existing drainage pattern of the site X or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site? 5) Create or contribute runoff water which would exceed the X capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? 6) Otherwise substantially degrade water quality? X 7) Place housing within a 100 -year flood hazard area as X mapped on a federal Flood Hazard boundary or Flood Insurance Rate Map or other flood hazard delineation map? 8) Place within a 100 -year Flood hazard area structures which X would impede or redirect Flood Flows? 9) Expose people or structures to a significant risk of loss, X injury or death involving i) Flooding, including flooding as a result of the failure of a levee or dam? it) inundation by seiche, tsunami, or mudflow? X Response: Code requirements and standard conditions provided at the development project review level ensure that all new development projects include a Stormwater Pollution Control Plan (SWPCP) and a Stormwater Pollution Prevention Plan (SWPPP) in accordance with requirements of the Ventura Countywide Stormwater Quality Management Program, Technical Guidance Manual for Stormwater Quality Control Measures, National Pollution Discharge Elimination System (NPDES) Permit No. CAS004002. Areas of the Redevelopment Project Area within the 100 -year floodplain can only be used for housing if a Letter of Map Revision (LOMR) is issued by the Federal Emergency Management Agency, indicating that the land is no longer within the 100 - year floodplain. In addition, project hydrology reports are required to demonstrate that new development would not create adverse drainage impacts on surrounding properties. The proposed Redevelopment Plan amendment proposes no physical implementation activities beyond those identified in the Redevelopment Plan, including the 2005 -2009 Implementation Plan. Sources: Redevelopment Plan (June 1989), Final Program EIR for Moorpark Redevelopment Project (SCH #88113035, June 1989), 2005 -2009 Implementation Plan, Standard Conditions, General Plan Safety Element (2001) Mitigation: None required. I. LAND USE AND PLANNING — Would the project: 1) Physically divide an established community? X 2) Conflict with any applicable land use plan, policy, or X regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? 13 Redevelopment Plan Amendment No. 2 Reinstatement of Eminent Domain Less Than Potentially Significant Significant With Impact Mitigation 3) Conflict with any applicable habitat conservation plan or natural community conservation plan? Less Than Significant No Impact Impact X Response: The proposed amendment would not change any existing land use, land use policy, or land use regulation, nor would it change the Project Area boundaries. The Redevelopment Plan calls for. land use development that is consistent with the General Plan. This is also required by State law. No physical implementation activities are proposed in adopting the amendment to reinstate eminent domain. Sources: Redevelopment Plan (June 1989), Final Program EIR for Moorpark Redevelopment Project (SCH #88113035, June 1989), 2005 -2009 Implementation Plan, General Plan Land Use Element (1992) Mitigation: None required. J. MINERAL RESOURCES — Would the project: 1) Result in the loss of availability of a known mineral X resource that would be of value to the region and the residents of the state? 2) Result in the loss of availability of a locally- important X mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? Response: According to the General Plan Open Space, Conservation, and Recreation Element, there are no known mineral resources of statewide significance within Moorpark's corporate boundaries. Sources: Redevelopment Plan (June 1989), Final Program EIR for Moorpark Redevelopment Project (SCH #88113035, June 1989), 2005 -2009 Implementation Plan, General Plan Open Space, Conservation, and Recreation Element (1986) Mitigation: None required. K. NOISE — Would the project result in: 1) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? 2) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? 3) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? 4) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? 5) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? 14 X X X Redevelopment Plan Amendment No. 2 Reinstatement of Eminent Domain Less Than Potentially Significant Significant With Impact Mitigation 6) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? Less Than Significant No Impact Impact Response: Noise could result from construction activities (including demolition), long -term operation of new uses in the Redevelopment Project Area, or additional traffic. Construction hours are restricted in the Municipal Code to 7:00 AM through 7:00 PM, Monday through Saturday. Exceptions can on be granted if the Public Works Director finds that the public peace, health, safety, and welfare would not be affected, or for emergency construction. Long -term operational noise and vehicle noise impacts are addressed through the Noise Element of the General Plan, which includes policies for noise attenuation to be addressed early in project design. The Redevelopment Plan calls for land use development that is consistent with the General Plan. This is also required by State law. The proposed amendment to reinstate eminent domain does not affect Noise Element policies. In addition, no physical implementation activities are proposed in adopting the amendment. Sources_ Redevelopment Plan (June 1989), Final Program EIR for Moorpark Redevelopment Project (SCH #88113035, June 1989), 2005 -2009. Implementation Plan, General Plan Noise Element (1998) Mitigation: None required. L. POPULATION AND HOUSING — Would the project: 1) Induce substantial population growth in an area, either directly ( for example, by proposing new homes and businesses) or indirectly ( for example, through extension of roads or other infrastructure)? 2) Displace substantial numbers of existing housing, X necessitating the construction of replacement housing elsewhere? 3) Displace substantial numbers of people, necessitating the X construction of replacement housing elsewhere? Response: The use of eminent domain may result in the displacement of Project Area residents. California Community Redevelopment Law (Health and Safety Code Section 33410 et seq.) requires relocation assistance to be provided to residents and non - profit local community institutions displaced by redevelopment activities, including acquisition through eminent domain. In addition to the mandated relocation assistance, twenty percent (20 %) of the tax increment generated in the Redevelopment Project Area is required to be used for the construction of low and moderate income housing. Housing units occupied by low and moderate income residents that are destroyed or removed from the low and moderate income housing market by redevelopment activities, including acquisition through eminent domain, must be replaced with affordable housing within the Project Area. These requirements would offset any impacts created by acquisition of residential properties, should eminent domain be allowed for such acquisition. Sources: California Community Redevelopment Law (Health and Safety Code Section 33000, et seq.) Mitigation: None required. 15 M. PUBLIC SERVICES 1) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? Police protection? Schools? Parks? Other public facilities? Redevelopment Plan Amendment No. 2 Reinstatement of Eminent Domain Less Than Potentially Significant Less Than Significant With Significant No Impact Mitigation Impact Impact X Response: The proposed Redevelopment Plan amendment proposes no physical implementation activities beyond those identified in the Redevelopment Plan, including the 2005 -2009 Implementation Plan. Because of this, no increase in the need for public services is expected as a result of the proposed amendment to reinstate eminent domain. Sources: Redevelopment Plan (June 1989), Final Program EIR for Moorpark Redevelopment Project (SCH #88113035, June 1989), 2005 -2009 Implementation Plan, General Plan Safety Element (2001), General Plan Open Space, Conservation, and Recreation Element (1986) Mitigation: None required. N. RECREATION 1) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? 2) Does the project include recreational facilities or require X the construction or expansion of recreational facilities which might have an adverse physical effect on the Response: The existing Redevelopment Plan allows for the establishment of parks and recreational facilities anywhere within the Project Area. The proposed Redevelopment Plan amendment proposes no physical implementation activities beyond those identified in the Redevelopment Plan, including the 2005 -2009 Implementation Plan. Because of this, no increase in the use of parks and recreational facilities is expected through the reinstatement of eminent domain. Sources: Redevelopment Plan (June 1989), Final Program EIR for Moorpark Redevelopment Project (SCH #88113035, June 1989), 2005 -2009 Implementation Plan, General Plan Open Space, Conservation, and Recreation Element (1986) Mitigation: None required. 16 Redevelopment Plan Amendment No. 2 Reinstatement of Eminent Domain Potentially Significant Impact Less Than Significant Less Than With Significant No Mitigation Impact Impact O. TRANS PORTATION/TRAFFIC — Would the project= 1) Cause an increase in traffic which is substantial in relation X to the existing traffic load and capacity of the street system (i e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? 2) Exceed, either individually or cumulatively, a level of X service standard established by the county congestion management agency for designated roads or highways? 3) Result in a change in air traffic patterns, including either X an increase in traffic levels or a change in location that results in substantial safety risks? 4) Substantially increase hazards due to a design feature X (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? 5) Result in inadequate emergency access? X 6) Result in inadequate parking capacity? X 7) Conflict with adopted policies, plans, or programs X supporting alternative transportation (e.g., bus turnouts, bicycle racks)? Response: The City of Moorpark collects Citywide Traffic Impact fees and Area of Contribution fees to be used for traffic improvements to offset impacts created by development projects. Individual projects may contribute improvements or pay for a fair share of future improvements, depending on the results of a project traffic study. In addition, Transportation Demand Management fees are collected to fund alternative transportation improvements. The proposed Redevelopment Plan amendment proposes no physical implementation activities beyond those identified in the Redevelopment Plan, including the 2005 -2009 Implementation Plan. Because of this, no increase in traffic, change in air traffic patterns, increase in traffic hazards, impacts on emergency access, impacts on parking, or conflicts with alternative transportation plans, policies or programs are expected through the reinstatement of eminent domain. Sources: Redevelopment Plan (June 1989), Final Program EIR for Moorpark Redevelopment Project (SCH #88113035, June 1989), 2005 -2009 Implementation Plan, General Plan Circulation Element (1992) Mitigation: None required. P. UTILITIES AND SERVICE SYSTEMS — Would the project: 1) Exceed wastewater treatment requirements of the X applicable Regional Water Quality Control Board? 2) Require or result in the construction of new water or X wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? 17 Redevelopment Plan Amendment No. 2 Reinstatement of Eminent Domain Less Than Potentially Significant Less Than Significant With Significant No Impact Mitigation Impact Impact 3) Require or result in the construction of new storm water X drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? 4) Have sufficient water supplies available to serve the X project from existing entitlements and resources, or are new or expanded entitlements needed? 5) Result in a determination by the wastewater treatment X provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? 6) Be served by the landfill with sufficient permitted capacity X to accommodate the project's solid waste disposal needs? 7) Comply with federal, state, and local statutes and X regulations related to solid waste? Response: Any necessary utility improvements are required from development projects as part of the permit review process. The proposed Redevelopment Plan amendment proposes no physical implementation activities beyond those identified in the Redevelopment Plan, including the 2005- 2009 Implementation Plan. Because of this, no increase in the need for utility services is expected as a result of the proposed amendment. Sources: Redevelopment Plan (June 1989), Final Program EIR for Moorpark Redevelopment Project (SCH #88113035, June 1989), 2005 -2009 Implementation Plan, Ventura County Watershed Protection District: Technical Guidance Manual for Stormwater Quality Control Measures (2002) Mitigation: None required. Q. MANDATORY FINDINGS OF SIGNIFICANCE 1) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history of prehistory? 2) Does the project have impacts that are individually limited, but cumulatively considerable? ( "Cumulatively considerable" means that the incremental effect of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and effects of probable future projects)? 3) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? 18 X X X Redevelopment Plan Amendment No. 2 Reinstatement of Eminent Domain Less Than Potentially Significant Less Than Significant With Significant No impact mitigation impact impact Response: With the incorporation of the mitigation measures identified in this Initial Study, the proposed Redevelopment Plan amendment will not impact any of the environmental issue areas as evidenced by the assessment above. The Project Area is primarily urbanized and no significant fish and wildlife habitat or plant or animal community is contained within its boundaries_ The proposed amendment proposed no new development, not any change in land uses, therefore, no examples of major periods of California history or prehistory will be eliminated by the adoption of the amendment. The proposed Redevelopment Plan amendment does not expand the Project Area or include development beyond that which would occur without the amendment, therefore, cumulative effects and substantial adverse effects on human beings are not expected_ Sources: Redevelopment Plan (June 1989), Final Program EIR for Moorpark Redevelopment Project (SCH #88113035, June 1989), 2005 -2009 Implementation Plan Earlier Environmental Documents Used in the Preparation of this Initial Study Final Program EIR for Moorpark Redevelopment Project (SCH #88113035, June 1989) Final EIR for the Land Use and Circulation Element Update and Sphere of Influence Expansion Study (SCH #90010061, May 1992) Additional Project References Used to Prepare this Initial Study One or more of the following references were incorporated into the Initial Study by reference, and are available for review in the Community Development Office, City Hall, 799 Moorpark Avenue, Moorpark, CA 93021. 1. The City of Moorpark's General Plan, as amended. 2. The Moorpark Municipal Code, as amended. 3. The Procedures of the City of Moorpark and Moorpark Redevelopment Agency to Implement the California Environmental Quality Act (CEQA), adopted by City Council Resolution No. 2004 -2224 and Moorpark Redevelopment Agency Resolution No. 2004 -142 4. CEQA Statutes and Guidelines: Public Resources Code Division 13 (Section 21000 et seq.) and California Code of Regulations, Title 14, Chapter 3 (Section 15000 et seq.) 5. Ventura County Air Quality Assessment Guidelines, October 31, 2003. 6. Redevelopment Project Area Map 7. 2004 Air Photo USA© Aerial Photograph of City Attachments Proposed Eminent Domain Area Map 19 Redevelopment Agency ,0/ -r4� City of Moorpark REPORT TO THE CITY COUNCIL OF THE CITY OF MOORPARK P,& -r4e, Proposed Amendment No. 2 Redevelopment Plan 1"A Moorpark Redevelopment Project September 2007 REPORT TO THE CITY COUNCIL AMENDMENT NO. 2 TO THE REDEVELOPMENT PLAN FOR THE MOORPARK REDEVELOPMENT PROJECT REDEVELOPMENT AGENCY of the CITY OF MOORPARK SEPTEMBER 2007 THIS PAGE INTENTIONALLY LEFT BLANK Report to the Citv Council Reclevelopment Agency of the Citv of Moorpark Table of Contents 1.0 DEFINITIONS AND BACKGROUND .......... ............................... 1 1.1 Definitions ......................... ............................... 1 1.2 Background ........................ ............................... 3 1.3 Project Area Description .............. ............................... 4 1.4 Overview of Recent Legislation ......... ............................... 4 2.0 REQUIRED COMPONENTS OF THE REPORT TO THE CITY COUNCIL ............ 9 3.0 DESCRIPTION OF BLIGHT IN THE PROJECT AREA .......................... 14 3.1 Methodology Used to Gather and Analyze Data Used in the Report to Council ... 14 3.1.1 Introduction: Discussion of Data Sources and Hierarchy of Use ....... 14 3.1.2 Methodology Used to Gather Information from Each Data Source ..... 15 3.1.2.1 Field Reconnaissance . ............................... 15 3.1.2.2 Primary Research and Document Research ............... 16 3.1.2.3 Professional Experience .............................. 16 3.1.3 Methodology Used to Analyze the Data .......................... 17 3.1.3.1 Discussion of Definitions of Conditions which Cause Blight ... 17 3.1.3.2 Methodology Used to Analyze Data Derived from the Field 31 Reconnaissance ..... ............................... 19 3.1.3.3 Blight Severity Weighting by Parcel ...................... 19 3.1.3.4 Blight Severity Weighting by Externalities ................. 21 3.1.3.5 Blight Severity Weighting by Incompatible Uses ............ 22 3.1.3.6 Blight Severity Weighting: Conclusion .................... 22 3.1.3.7 Methodology Used to Analyze Data Derived from Primary and 34 Secondary Sources ... ............................... 22 3.2 Physical Conditions Described ........ ............................... 23 3.2.1 Buildings in Which it is Unsafe or Unhealthy for Persons to Live or Work 23 3.2.1.1 Serious Building Code Violations in the Project Area ........ 23 3.2.1.2 Serious Dilapidation and Deterioration in the Project Area .... 25 3.2.1.3 Construction that is Vulnerable to Serious Damage in the ProjectArea ......... ............................... 28 3.2.1.4 Statement that there are Unhealthy and Unsafe Buildings in the Project Area and that the Incidence of these Buildings is Prevalent and Substantial ............................. 30 3.2.2 Conditions That Prevent or Substantially Hinder the Viable Use or Capacity of Buildings or Lots ... ............................... 31 3.2.2.1 Substandard, Defective or Obsolete Design in the Project Area............... ............................... 31 3.2.2.2 Substandard, Defective or Obsolete Construction in the Project Area ......... ............................... 33 3.2.2.3 Statement that there are Blighting Conditions in the Project Area Which Substantially Hinder the Viable Use or Capacity of Buildings or Lots and These Conditions are Prevalent and Substantial .......... ............................... 34 3.2.3 Existence of Subdivided Lots in Multiple Ownership Whose Physical Development Has Been Impaired Given Present Conditions ......... 35 September 2007 Z100PIn Active \Moorpark \002 \RptCC.Fnl.wpd I rpl_8/17/07 Report to the Citv Council Reclevelopment Agency of the Citv of'Moorpark 3.2.4 Statement Providing Compelling Evidence There are a Substantial Number of Parcels in the Project Area which Suffer from Indications of Physical Blight and that Such Blight is Prevalent and Substantial ...... 35 3.3 Economic Conditions Described ....... ............................... 36 3.3.1 Depreciated or Stagnant Property Values as Evidenced by Sales Data .. 36 3.3.2 Depreciated or Stagnant Property Values as Evidenced by Conditions of External Obsolescence ..... ............................... 38 3.3.3 Poverty and Residential Overcrowding .......................... 43 3.3.3.1 Prevalence of Poverty . ............................... 43 3.3.3.2 Prevalence of Overcrowding ........................... 44 3.3.4 Public Safety and Crime ....... ............................... 45 3.3.4.1 Overview ........... ............................... 45 3.3.4.2 Comparison of Public Safety Activities Inside and Outside the Project Area ......... ............................... 46 3.3.5 Adequacy of Commercial Facilities ............................. 47 3.3.6 Statement of Prevalent and Substantial Economic Blight in the Project Area...................... ............................... 48 3.4 Statement Providing Compelling Evidence That Conditions of Physical and Economic Blight are Prevalent and Substantial Throughout the Project Area ... 49 4.0 REASONS FOR REINSTATING THE REDEVELOPMENT PLAN'S LIMITED EMINENT DOMAIN PROVISION APPLICABLE TO THE PROJECT AREA AND DESCRIPTION OF WHY BLIGHT CANNOT BE ELIMINATED WITHOUT SAID POWER ........... 53 4.1 Reasons for Reinstating the Redevelopment Plan's Limited Eminent Domain Provision......................... ............................... 54 4.2 Description of Why Blight Cannot be Eliminated Without the Use of Eminent Domain ............. ............................... 54 Figures Figure Page 1 Map of Project Area ....................... ............................... 5 2 Land Uses in the Project Area from the Field Reconnaissance .................... 7 3 Project Area External Obsolescence Indicators ............................... 41 4 Blight Summary ......................... ............................... 51 Tables Table Paqe 1 Real Property Transaction Activity in the Project Area .......................... 37 September 20W ZA00PIn Active \Moorpark \002 \RptCC.Fnl.wpd ii rpl_8117107 Report to the City Council Redevelopment Agency of the City of Moorpark Appendices Appendix A Blight Indicators Appendix B Minimum Threshold Photographic Samples Appendix C Blight Threshold Locations By Parcel Appendix D Series Maps Showing Blight Indicators for Buildings in Which it Is Unsafe or Unhealthy for Persons to Live or Work Appendix E Series Maps Showing Conditions That Prevent or Hinder Use of Buildings or Lots Appendix F Series Existence of Subdivided Lots in Multiple Ownership Whose Physical Development Has Been Impaired Given Present Conditions Appendix G Appendices Describing Economic Blight September 2007 Z: \00PIn Active \Moorpark \002 \RptCC.Fnl.wpd III rpl 8/17/07 THIS PAGE INTENTIONALLY LEFT BLANK Report to the City Council Redevelopment Agency of the Citv of Moorpark REPORT TO THE CITY COUNCIL AMENDMENT NO. 2 TO THE REDEVELOPMENT PLAN FOR THE MOORPARK REDEVELOPMENT PROJECT 1.0 DEFINITIONS AND BACKGROUND Amendment No. 2 to the Redevelopment Plan for the Moorpark Redevelopment Project is being prepared by the Redevelopment Agency of the City of Moorpark pursuant to the California Community Redevelopment Law (CCRL; Health and Safety Code, Section 33000, et seq.) and all applicable laws and ordinances. This Report to Council is prepared in accordance with and in full compliance with CCRL Sections 33333.4(g)(2), 33457.1, and 33352. 1.1 Definitions The following bold terms shall have the following meanings unless the context in which they are used clearly requires otherwise: "AGA" means Alfred Gobar Associates, real estate economic consultants retained by the Agency to assist it to complete the adoption of Amendment No. 2. "Agency" means the Redevelopment Agency of the City of Moorpark. "Agency Board" means the Board of Directors of the Agency. The members of the Agency Board are also the members of the City Council. "Amended Redevelopment Plan" means the Redevelopment Plan as amended by Amendment No. 2. "Amendment No. 1" means the amendment to the Original Redevelopment Plan as approved by the City Council by its Ordinance No. 111 on July 5, 1989, to modify and restrict the Agency's authority to use eminent domain in the Project Area and more specifically described in Section 1.2 of this Report to Council. "Amendment No. 2" means the proposed amendment to the Redevelopment Plan. Amendment No. 2 could be considered for adoption by the City Council as early as September 2007. "Blight Indicators" means the list of 40 conditions identified in Appendices A and B and more fully described in Section 3.1.3.3 of this Report to Council. Blight Indicators are indications of those conditions that cause physical and economic blight based upon the definitions of such conditions established in CCRL Sections 33030 and 33031. "CCRL" means the California Community Redevelopment Law (Health and Safety Code Section 33000 et seq.) as currently drafted or as it may be amended from time to time. "City" means the City of Moorpark. "City Council" means the City Council of the City. The members of the City Council are also the members of the Agency Board. "County" means County of Ventura, State of California. September 2007 ZA00PIn Active \Moorpark \002 \RptCC.Fnl.wpd I rpl_8/17/07 Report to the Citv Council Redevelopment Agencv of the City of Moorpark "deterioration" or "physical deterioration" means the cumulative and deleterious effects of wear and tear on a structure over time. Such deterioration may be the result of use or excessive use of a structure, or of the effects of the elements on a structure, which use or effects have not been rectified through a program of ongoing and adequate maintenance. Deterioration includes both conditions of "dilapidation" and "deterioration" as set forth in CCRL Section 33031(a)(1). "external obsolescence means the diminished utility of a structure on a parcel due to negative influences exterior to subject parcel, and which conditions are usually incurable on the part of the land owner, landlord, or tenant and is further described in Section 3.1.3.4 of this Preliminary Report. "Field Reconnaissance means the reconnaissance completed by UFI (and AGA) of all parcels in Project Area, and is more completely described in Section 3.1.2.1 of this Report to Council. "functional obsolescence means a loss in value resulting from defects in design, or changes that, over time, have made some aspect of a structure obsolete by current standards. "FY" means fiscal year and runs from July 1 of any given calendar year to June 30 of the subsequent year. "General Plan" means the present City of Moorpark General Plan, as it has been amended from time to time. The Housing Element was last adopted in December, 2001. "Original Redevelopment Plan" means the redevelopment plan for the Project, adopted by Ordinance No. 110 on July 5, 1989. "Project" means the Moorpark Redevelopment Project. "Project Area" means the territory contained within the Project which includes approximately 1,217 acres. "Original Report to Council means the report to the City Council prepared pursuant to CCRL Section 33352 for the adoption of the Original Redevelopment Plan which, by this reference, is made a part hereof. "Planning Commission" means the Planning Commission of the City. "Report to Council" means this Report to the City Council of the City. "Redevelopment Plan means the Original Redevelopment Plan as amended by Amendment No. 1 on July 5, 1989 (the same day as the adoption of the Original Redevelopment Plan), and further amended by Ordinance No. 202, adopted on December 14, 1994, to bring the Original Redevelopment Plan, as amended by Amendment No. 1, into conformance with appropriate provisions of the then recently enacted Assembly Bill 1290. Ordinance No. 202 did not add any territory to the Project Area. "State" means the State of California. "tax increment" means the funds to be allocated to the Agency from the Project Area pursuant to CCRL Section 33670. September 2007 Z: \00PIn Active \Moorpark \002 \RptCC.Fnl.wpd 2 rpl_8/17/07 Report to the City Council Redevelopment Agencv of'the City of Moorpark ' UFI" means Urban Futures, Inc., redevelopment consultants retained by the Agency to assist it to complete the adoption of Amendment No. 2. "Zoning Ordinance" means the zoning ordinance of the City in effect at the time of the adoption of Amendment No. 2. The Zoning Ordinance is codified as Title 17 of the City's Municipal Code. 1.2 Background On July 5, 1989, the City Council by its Ordinance No. 110, adopted the Original Redevelopment Plan pursuant to procedures codified within the CCRL. Concurrently, the City Council, by its Ordinance No. 111, "amend[ed] the [Original Redevelopment] Plan to reenact the restrictions on eminent domain in order to submit this specific portion of the [Original Redevelopment] Plan to the voters for their approval. "' On July 19, 1989, the City Council, by its Resolution No. 89 -588, called for a special election to be held for the purpose of submitting Amendment No. 1 to the electorate for approval. A Special Municipal Election was held and conducted in the City on November 7, 1989, whereby the electorate approved the adoption of Ordinance No. 111, which was subsequently made effective by the City Council on December 6, 1989, by its Resolution No. 89 -623. The eminent domain authority included in Ordinance No. 111, and, in fact, in the Redevelopment Plan as well, did not allow the Agency to exercise its power of eminent domain against any property zoned residential or any property zoned commercial or industrial that had a residential structure on it which was owner occupied at the time the Redevelopment Plan was adopted; this authority expired on July 5, 2001. The pertinent Section 2 of Ordinance 111 is provided below: Section 2. Section 403 of the Moorpark Redevelopment Plan is hereby amended by adding the following language to the end of the first paragraph of the section: "The following restrictions are applicable to the Agency's power of Eminent Domain: 1. All property zoned residential is excluded from eminent domain. 2. All property zoned commercial or industrial that has a residential structure (house) on it and is owner occupied at the time the Redevelopment Plan is adopted (which date shall be June 28, 1989) is excluded from eminent domain for so long as that owner occupies the residence." Pursuant to CCRL Section 33333.4(g), any redevelopment plan adopted on or after October 1, 1976, and prior to January 1, 1994 which provides for the receipt of tax increments pursuant to CCRL Section 33670 shall include a time limit, not to exceed twelve years, for commencement of eminent domain proceedings. The Redevelopment Plan includes the CCRL Section 33670 provision and was adopted on July 5, 1989. Therefore, the Agency's authority to use eminent domain expired on July 5, 2001. Section 1, Paragraph B of Ordinance No. 111. Note that Ordinance 111, in its Section 2, provides that "Section 403 of the Moorpark Redevelopment Plan is hereby amended by adding the following language..." [Italics added]. However, Section 403 of the Original Redevelopment Plan already included the language which was purportedly being added to it. This Report to Council will use the convention that Ordinance 111 actually "amended" language already in the Original Redevelopment Plan, adopted by Ordinance 110. Both ordinances were adopted on the same night. UFI is informed that Ordinance 111 was adopted in order to allow the eminent domain provision go to a vote. September 2007 ZA00PIn Active \Moorpark \002 \RptCC.Fnl.wpd 3 rpl_8/17/07 Report to the Citv Council Redevelopment Agencv of the City of Moorpark In order to more effectively implement redevelopment projects and programs in the Project Area, the Agency is proposing Amendment No. 2 for the sole purpose of reinstating the Redevelopment Plan's eminent domain provision, as previously authorized by Ordinance No. 111, for possible use within the Project Area.2 Amendment No. 2 makes no other changes to the Redevelopment Plan. 1.3 Project Area Description Figure 1 below shows the Project Area as defined in Section 1.1 above. The boundaries of the Project Area have not been modified since the adoption of the Original Redevelopment Plan. Amendment No. 2 will not modify the boundaries of the Project Area. Figure 2 shows the land uses identified in the Project Area as a result of the Field Reconnaissance defined in Section 1.1 above and further described in Section 3.1.2.1 below. 1.4 Overview of Recent Legislation Among other Senate and Assembly bills, the State Legislature has passed and the Governor has signed Senate Bill No. 1206 and Senate Bill No. 1210 which modify language in various portions of the CCRL. These bills became effective January 1, 2007; consequently, this Report to Council and all documents relating to Amendment No. 2 which were drafted and circulated after January 1, 2007 conform to the CCRL as amended by SB 1206 and SB 1210. CCRL Section 33352(b) deals generally with information to be presented to a legislative body prior to its action on a redevelopment plan adoption or amendment, and, in fact, this Report to Council is submitted to the City Council in compliance with this provision.3 CCRL Section 33352 was amended by adoption of SB 1206 to add the requirement that the description of blight in a project area contain "specific, quantifiable evidence that documents..." both "[t]he physical and economic conditions specified in [CCRL] Section 33031. (new subsection 33352(b)(1)), and "[ t]hat the described physical and economic blight conditions are so prevalent and substantial that, collectively, they seriously harm the entire project area." (new subsection 33352(b)(2)). During the same session in which the State Legislature adopted SB 1206 relating to redevelopment plans in general, the State Legislature also adopted SB 1210, relating to a redevelopment agency's use of eminent domain in particular. Specifically, SB 1210 amended CCRL Section 33333.4(g)(2) by requiring redevelopment agencies to make two findings if the time limitation to use eminent domain were to be extended.4 These findings are: i) "[ that significant blight remains within the project area" (new subdivision 33333.4(g)(1)(A)); and ii) "[t]hat this blight cannot be eliminated without the use of eminent domain." (new subsection 33333.4(g)(2)(B). Furthermore, these findings must be "based on substantial evidence..." The Agency has not identified any specific parcels against which this authority would be used. 3 Please see Section 2.0 of this Report to Council for a full discussion of how a Report to the City Council pursuant to CCRL Section 33352 may be modified for an amendment action. CCRL Section 33333.4(g)(2) relates to amendments to the time limitation for the commencement of eminent domain found in redevelopment plans which were adopted on or after October 1, 1976, and prior to January 1, 1994; and which contain provisions for the receipt by the Agency of tax increments pursuant to CCRL Section 33670. Amendment No. 2 fits both these categories. 3eptemner wvi ZA00PIn Active \Moorpark \002 \RptCC.Fnl.wpd 4 rpl_smia7 f GEORGE RD- LEGEND 1;3 City Boundary < < N Freeways Southern Pacific Railroads Moorpark Redevelopment Project Area to s m lq ST REEDL'EYST —� 1FT gS CAM Q AR_ I< DR LO m c�FMS � gtilHE STA FORD � U? ; � Z HART.EORD"ST RAND ST�a co 7 �2 �' 401 y ■ DARL-EN&L - - -N y�P' ! a r O Q ELW..IN.L -N CASEY RD a�'' ..■� � I EVER ST �� ST ETT jif_jlj® <�c�<<F . ♦� � —ST _ A�° CHARLES S., CI ♦� V N1D FAIRWEATHERlXING HIGH ST �r� r POINDEXTER-AV 31 ST j� 1,000 500 0 1,000 THERN PA DIABLO:AV Q Q Ui J f f l ~ LLLJ ' t ' ' ' ' I ■ • �SOV' > I w a�o RUT.H:AV ■ 11 ii 11 11 TT 11 Feet Q W r W z o Q 2ND ST ■ U U Q Q °� FL'I'N.AV RD O w hiERTZ'ST O Q �` Q U Ci SP i Y Q w Q O = r 3RD_ST SARiI AV � W O Q ~ W J SUSAN.AV �_O, m t) = w Q a-Z" U SOP co Q w ROBERT:S AV = a SPRING "ST �� O —DISCO.. ERYCT Q J o Moorpark Redevelopment Agency iTn O Z Q Q ESTFiER AV __ —_LAOS ANrF_i FS av O Y- rrSHERMAN;AV i= WE .: ' •�''���•� �� - ".:�� ,� � � t � %�1111t11/�t11 ` � ' � ��,�► �� a +i�iri i1�����iii :: - - - -.. .. �i_ru�u.►�NI� /� �r Gam_- �i.�--- .. ■s��� Z =z <� AMENDMENT NO. 2 TO eT THE REDEVELOPMENT PLAN FOR L THE MOORPARK REDEVELOPMENT PROJECT sT�o�c FIGURE 1 PROJECT AREA MAP o T7 VVII URBAN Prepared By: Urban Futures, Inc. Source: Urban Futures, Inc. Base Map Source: FUTURES City Moorpark Date: : 05/24/07 INCORPORATED File: MP_PA.mxd 1° CO Z EGRGE-i LEGEND City Boundary Freeways 1,)v • Pacific Railroads fib• -'�"� .• *�i, Moorpark Redevelopment Pr• - • -- ti� ii� % ��` ■ •' 23 Ilii i ♦�itt IHt 1�1 /111 / 1U1111111It �1 Land Uses from the Field Reconnaissance (Acres*) Single-Family Residential (190.9) ♦ i 1 ♦ ♦ ■ ■ / /�i ►� �j I t7Nlfr1• •�f 1111 „! ►I s �Ij 03�t�� � 11 j 1J i� #/1 ir J ♦ • �i ,t. • sf 11►1��t , Mobile Home (0.3) ♦ ♦ a--- lII ♦ s i • � 1 �, � � ; ♦ I ! /lf/tNll►l�, �/J s � ,• -wa � INt'p14t1►p 1111{ 1ttINNi11U •' � IINt OF MR '.' ' • i t�tii .. +� + it : - Mixed use of • ��� � ' .. ►� �i ��I1►�%`iy ��l�i � *ii ..+ � ����`�firrru rfrrrfr � - � .;F;.�,.', � : , (188.9) Na Industrial (81.9) - • °jll!!i!i/ �irrr . - . It.a. _ 4 • .f = :...N...,,., 1 ,r� 118 ' • : S • ° Quasi-Public Common Area 13.2) ��- Railroads 1 Parcelized Right-of-Way Vacant (283.4) *Acreage is approximate. 1111 11111111 illl�� � � � . - . � . • • ' � ' 1111: im IN filllf - . • - • r1r '•tell ' � 11 . � ._ ■�/ fib � • 1,000 500 0 1,000 Feet Moorpark Redevelopment Agency llltl f . o iii° • _. 1�1111� r ' .' iii�� 'ii : � Item � -' t: /•�f its • . f/r - f1f 23 — rnrieint �� if - -- - — I LN atutatn�l /r f f_/ AMENDMENT NO. 2 TO i1111iN1f oil •� �iH Z Ilf � "� �. #► • - - e �w REDEVELOPMENT • THE s o • • . 1 . REDEVELOPMENT . • �� El ♦�,D„Ir PEA �� FIGURE 2 - x,11 � -■ •� a ° rfl< 1f _� � + !,� .�'"',,,'.'. LAND USES FROM D RECONNAISSANCE am Oman - • -D .- 1!11!11 ♦ �► ate. R ��'�� �: .�"� ; : : - 11111;? � � ! � ' n1j11� ff !i ►'� ~� '� 1'/! 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Base Map Source: FUTURES City Moorpark z � Date: 08 /14/07 Q Alin �o INCORPORATED File: MP_PA_ExistLU.mxd Report to the City Council Redevelopment Agency of the Cihy of Moorpark Rather than resolve the difference between the criteria set forth in CCRL Section 33352(b)(2) (wherein the legislative body is provided evidence that "physical and economic conditions are so prevalent and substantial that, collectively, they seriously harm the entire project area ") and that set forth in CCRL Section 33333.4 (g)(2) (wherein the redevelopment agency must find only that "significant blight remains within the project area "), this Report to Council uses the higher "prevalent and substantial" standard rather than the less exacting "significant" standard to ensure that the standards in both sections are met or exceeded. 2.0 REQUIRED COMPONENTS OF THE REPORT TO THE CITY COUNCIL This Report to Council and Amendment No. 2 have been prepared pursuant to CCRL Section 33333.4(g) and CCRL Sections 33450 through 33458 inclusive (Article 12 of the CCRL). Because the sole purpose of Amendment No. 2 is to reinstate the Redevelopment Plan's eminent domain provision for possible use by the Agency within the Project Area, which will help facilitate the continued implementation of redevelopment projects and programs in the Project Area, adoption of Amendment No. 2 does not require the same procedures to be followed as those for plan amendments governed by CCRL Section 33354.6 (e.g., those that are fiscal in nature, which seek to add new territory, to amend certain fiscal limits, and /or to add significant additional capital improvement projects to a redevelopment plan). Pursuant to CCRL Section 33457. 1, only '[t]o the extent warranted by a proposed amendment to a redevelopment plan, (1) the ordinance adopting an amendment to a redevelopment plan shall contain the findings required by [CCRL] Section 33367 and (2) the reports and information required by [CCRL] Section 33352 shall be prepared and made available to the public prior to the hearing on such amendment. The "reports and information" required by CCRL Section 33352 include this Report to Council. This Report to Council, therefore, includes only those components which are "warranted" by the proposed Amendment No. 2. The following discussion includes the list of the "warranted" components of the report required by CCRL Section 33352 (in italics) followed by reasons for the exclusion of certain components from this Report to Council as provided for under CCRL 33457.1 (in plain type). Those components of the report to the legislative body required by CCRL Section 33352 which warrant further description pursuant to CCRL 33457.1 are found in Sections 3 and 4 of this Report to Council. (a) The reasons for the selection of the project area, a description of the specific projects then proposed by the agency, a description of how these projects will improve oralleviate the conditions described in subdivision (b). Amendment No. 2 does not add territory to the Project Area, nor will it modify the Agency's existing redevelopment projects /programs list. This Report to Council does not contain additional information regarding the reasons for the selection of the Project Area because the reasons for the selection of the Project Area remain the same as when the Project Area was selected and the Redevelopment Plan was adopted, and such reasons are not affected by the proposed Amendment No. 2. In addition, this Report to Council does not contain a description of projects proposed by the Agency or an explanation of how the projects will improve or alleviate the conditions described in CCRL Section 33352(b) because Amendment No. 2 does not propose any projects. (b) A description of the physical and economic conditions specified in (CCRL] Section 33031 that exist in the area that cause the project area to be September 2007 ZA00PIn Active \Moorpark \002 \RptCC.Fnl.wpd 9 rpl_8/17/07 Report to the City Council Redevelopment Agency of the City of'Moorpark blighted. The description shall include a list of the conditions described in (CCRL] Section 33031 that exist within the project area and a map showing where in the project the conditions exist. The description shall contain specific, quantifiable evidence that documents both of the following: 33352(b)(1) The physical and economic conditions specified in fCCRLI Section 33031; 33352(b)(2) That the described physical and economic conditions are so prevalent and substantial that collectively, they seriously harm the entire project area. The description is found in Section 3 of this Report to Council. Note that the underlined portion of the above quoted subsection was added by SB 1206. (c) An implementation plan that describes specific goals and objectives of the agency, specific projects then proposed by the agency, including a program of actions and expenditures proposed to be made within the first five years of the plan, and a description of how these projects will improve or alleviate the conditions described in (CCRL] Section 33031. Pursuant to CCRL Section 33490, the Agency prepared and adopted previous implementation plans for the Project Area on December 7, 1994, and January 19, 2000, and its third and current implementation plan on January 19, 2005 (the "2005 -09 Implementation Plan," incorporated herein by reference). Amendment No. 2 is necessary to help the Agency continue its efforts to implement projects and programs as identified in the Agency's 2005 -09 Implementation Plan, which contains specific goals and objectives forthe Project Area, the specific projects and expenditures to be made during the five -year period covered by the 2005 -09 Implementation Plan, and an explanation of how these goals, objectives, and expenditures will eliminate blight with the Project Area. None of the Agency's specific goals or objectives or its specific projects to be identified in the 2005 -09 Implementation Plan would be modified in any way by the City Council's adoption of Amendment No. 2. (d) An explanation of why the elimination of blight and the redevelopment of the project area cannot be reasonably expected to be accomplished by private enterprise acting alone or by the legislative body's use of financing alternatives other than tax increment financing. Amendment No. 2 does not add territory to the Project Area nor is it fiscal in nature; therefore, an explanation of why the elimination of blight and the redevelopment of the Project Area cannot be reasonably expected to be accomplished by private enterprise acting alone or by the City Council's use of financing alternatives other than tax increment is not warranted under CCRL Section 33457.1. However, in order to more fully describe why the remaining blight in the Project Area "cannot be eliminated without the use of eminent domain" (CCRL Section 33333.4(g)(2)(B)), Section 4 of this Report to Council does describe past efforts on the part of the Agency and private enterprise to eliminate blight in the Project Area. (e) The proposed method of financing the redevelopment of the project area in sufficient detail so that the legislative body may determine the economic feasibility of the plan. September 2007 ZAOOPIn Active \Moorpark \002 \RptCC.Fnl.wpd 10 rpl_8117/07 Report to the Cin Council Redevelopment Agency of the Citv o f 'Moorpas k The sole purpose of Amendment No. 2 is to reinstate the Agency's limited eminent domain authority in the Project Area. Therefore, given the fact that Amendment No. 2 does not alter the boundaries of the Project Area, affect the base year value of the Project Area, or newly provide for tax increment financing pursuant to CCRL Section 33670, or in other ways change the existing method of financing the Project, further discussion of the proposed method of financing the redevelopment of the Project Area is not warranted under CCRL Section 33457.1. (f) A method or plan for the relocation of families and persons to be temporarily or permanently displaced from housing facilities in the project area, which method or plan shall include the provision required by (CCRL] Section 33411.1 that no persons or families of low and moderate income shall be displaced unless and until there is a suitable housing unit available and ready for occupancy by the displaced person or family at rents comparable to those at the time of their displacement. As set forth in City Ordinance No. 110 and Agency Resolution No. 89 -7, the Agency has a plan for the relocation of families and persons to be displaced from housing facilities in the Project Area. The methods for assisting any displaced persons are outlined in Sections 411 through 413 of the Redevelopment Plan. At this time, no specific projects requiring relocation of Project Area residents or businesses have been identified; therefore, it is not feasible to identify specific businesses, residences, or local community institutions which may need to be relocated as an effect of the Agency's use of eminent domain. If relocation is required in the future, the Agency is required to adhere to the State Relocation Law (California Government Code Sections 7260 through 7277) and to follow the California Relocation Assistance and Real Property Acquisition guidelines. Further discussion of the Agency's relocation method or plan is not warranted under CCRL Section 33457.1. (g) An analysis of the preliminary plan. Given that the proposed Amendment No. 2 does not alter the boundaries of the Project Area or the land use provisions of the Redevelopment Plan, the preparation of a preliminary plan is not required under CCRL Article 12, commencing with Section 33450, in connection with Amendment No. 2. Previous analyses of the preliminary plan prepared for the Original Redevelopment Plan are not affected by Amendment No. 2. Therefore, further analysis is not warranted under CCRL Section 33457.1. (h) The report and recommendations of the planning commission. CCRL Section 33453 requires that "substantial changes in the [redevelopment] plan which affect the general plan ... shall be submitted to the planning commission for its report and recommendation to the legislative body...." At its meeting held on July 24, 2007, the Planning Commission reviewed Amendment No. 2 and approved and transmitted its report and recommendation to the Agency. The report and recommendation contained in Planning Commission Resolution No. 2007 -522 stated, in part, that the Planning Commission "finds and determines that Amendment No. 2 does not affect, and furthermore is consistent with the General Plan...." Planning Commission Resolution No. 2007 -522 is included as a part of this Report to Council under TAB 6 of the Evidentiary Record. September 2007 Z: \00PIn Active \Moorpark \002 \RptCC.Fnl.wpd 11 rpl_8/17/07 Report to the City Council Redevelopment Agencv of the City of Moorpark (i) The summary referred to in Section 33387. On July 20, 2005, the City Council by its Resolution No. 2005 -2359, adopted procedures for the formation, election, and operation of a project area committee (PAC) pursuant to Article 6.5 of the CCRL for the adoption of Amendment No. 2. On October 5, 2005, the City Council by its Resolution No. 2005 -2405, certified the results of the PAC election held on September 15, 2005. The PAC met at City Hall eight times between October 2005, and December 2006. During these meetings, the PAC was provided with the following information: i) operation process for PAC meetings and PAC purpose; ii) purpose of Amendment No. 2 and amendment adoption process; iii) review of eminent domain policies for other municipalities and redevelopment agencies; iv) copies of and discussion about relocation law (California Code of Regulations, Title 25); v) review of sample redevelopment activities in another jurisdiction; vi) proposed revisions to the eminent domain law then before the State Legislature; vii) an overview of relocation procedures in the event the Agency acquires private property whether through eminent domain or voluntary sale; and viii) discussion of the City's zoning, planning and redevelopment functions. Additionally, the PAC was provided with updates on current Agency activities at each of its meetings. Copies of Resolutions No. 2005 -2359 and 2005 -2405 are included as a part of this Report to Council under TAB 9D of the Joint Public Hearing Evidentiary Record prepared for Amendment No. 2 (the "Evidentiary Record "). The CCRL Section 33387 summary of all PAC meetings minutes, together with a record of all information presented to the PAC by the Agency, or by the PAC for the Agency, for the purpose of carrying out the provisions of Article 6.5 of the CCRL are included as a part of this Report to Council under TAB 2 of the Evidentiary Record. At its meeting of June 8, 2006, the PAC approved by a majority vote a motion recommending to the Agency that it's use of eminent domain "be restricted by Ordinance 111." The proposed Amendment No. 2 is in accordance with this motion. The PAC also suggested by a majority vote that the Agency Board consider the following restrictions to any eminent domain authority which might be included in Amendment No. 2; to wit: i. Any business displaced by use of eminent domain is compensated for all expenses and loss of revenue incurred directly and indirectly from the displacement. li. Restrict the use of eminent domain on any County or State designated historical landmarks. iii. Limit redevelopment spending to the Project Area; do not allow the Agency to spend tax increment outside of the Project Area. iv. Consider the focus area a "priority area" for Agency spending. In addition to PAC formation, CCRL Section 33385(f) makes a provision for the Agency to consult with persons and organizations that may be affected by Amendment No. 2 for public education and input. Therefore, the Agency consulted with and obtained the advice of residents and community organizations at public workshops conducted on September 6 and 11, 2007. Information relating to the required consultations is contained under TAB 7 of the Evidentiary Record. (j) The report required by Section 65402 of the Government Code. The report required by Section 65402 of the Government Code is not required in connection with Amendment No. 2 for the following two reasons: i) the sole purpose of Amendment No. 2 is to reinstate the Agency's limited eminent domain authority in the Project Area; and ii) Amendment No. 2 proposes no changes to existing or planned land use designations within the Project Area, September 2007 Z100PIn Active \Moorpark\002\RptCC.Fnl.wpd 12 rpl_8117/07 Report to the City Council Redevelopment Agencv ofthe City of Moorpark nor does it add additional area. For these reasons, Amendment No. 2 does not require the Planning Commission to render the report required by Section 65402 of the Government Code; therefore, further discussion is not required under CCRL Section 33457.1. Further, at this time the Agency has not identified any real property to be acquired by dedication or otherwise for street, square, park or other public purposes nor is the Agency anticipating disposing of any real property, or constructing or authorizing a public building or structure. If such actions are undertaken by the Agency in the future, the Agency is required to submit the location, purpose, and extent of such acquisition, disposition, or such public building or structure to the Planning Commission for its report required by Section 65402 of the Government Code as to the conformity of such action with the City's General Plan. (k) The report required by Section 21151 of the Public Resources Code. An initial study (the "Initial Study ") was prepared for Amendment No. 2 in accordance with State law and local guidelines for implementing the California Environmental Quality Act (CEQA) and is on file with the City Clerk and is incorporated herein by reference. The Initial Study concluded that the preparation and adoption of a mitigated negative declaration of environmental impact (the "Mitigated Negative Declaration ") was the appropriate approach to CEQA compliance with regard to Amendment No. 2- related actions. Therefore, the Initial Study having been prepared and made available for public review, the City's Community Development Director has determined, in accordance with CEQA and specifically with CEQA Guidelines 15070(b)(1), and through the preparation of the Initial Study, that Amendment No. 2 and Amendment No. 2- related actions will not have a significant effect on the environment with the inclusion of mitigation measures identified in the Initial Study, and, therefore, a Mitigated Negative Declaration was prepared for Amendment No. 2. The City Council and the Agency Board will, at the conclusion of the Joint Public Hearing, consider adoption of said Mitigated Negative Declaration. The Mitigated Negative Declaration is found under TAB 4 of the Evidentiary Record. (I) The report of the county fiscal officer as required under Section 33328. Amendment No. 2 will not add territory to the Project Area and is not in any other way fiscal in nature; therefore, it is not necessary for the Agency to request a base year report from the County pursuant to CCRL Section 33328. Project Area fiscal information was provided in the supporting documentation prepared at the time the Original Redevelopment Plan was adopted for the Project. Because Amendment No. 2 will not change the boundaries of the Project Area and is not in any other way fiscal in nature, the report of the county fiscal officer is not required. (m) If the project area contains low- or moderate- income housing, a neighborhood impact report which describes in detail the impact of the project upon the residents of the project area and the surrounding areas, in terms of relocation, traffic circulation, environmental quality, availability of community facilities and services, effect on school population and quality of education, property assessments and taxes, and other matters affecting the physical and social quality of the neighborhood. The sole purpose of Amendment No. 2 is to reinstate the Agency's limited eminent domain authority for possible use in the Project Area. The authority to use eminent domain is only one component September 2007 ZA00PIn Active \Moorpark \002 \RptCC.Fnl.wpd 13 rpl_8/17/07 Report to the City Council Redevelopment Agency of the City of Moorpark of the Agency's various authorities to implement the Redevelopment Plan. In fact, the right of redevelopment agencies to exercise eminent domain is limited to a period not to exceed 12 years from the initial date of redevelopment plan adoption or amendment (which time limit may be extended only by amendment of the redevelopment plan). Conversely, the authority to purchase private property is available to the Agency by law (CCRL Section 33391(a)) without time limitation and Amendment No. 2 does not alter this underlying authority. Other than amending the Agency's authority relative to the purchase of private property (i.e., the use of eminent domain, an authority previously contained in the Redevelopment Plan), Amendment No. 2 makes no other modification to the Redevelopment Plan. For these reasons, the previously prepared neighborhood impact report contained in the Original Report to Council describing the impact of the Project upon residents of the Project Area remains valid; therefore, further discussion is not warranted under CCRL Section 33457.1. (n) (1) An analysis by the Agency of the report submitted by the county as required by [CCRL] Section 33328, which shall include a summary of the consultation of the agency, or attempts to consult by the agency, with each of the affected taxing entities as required by (CCRL] Section 33328. Because Amendment No. 2 will not add territory to the Project Area and is not in any other way fiscal in nature, the Agency did not request a base year report from the County pursuant to CCRL Section 33328. A summary of such report, therefore, is not included. Because the sole purpose of Amendment No. 2 is to reinstate the Redevelopment Plan's eminent domain provision applicable to the Project Area, additional consultations with affected taxing entities were not required or necessary pursuant to CCRL Section 33328.5 3.0 DESCRIPTION OF BLIGHT IN THE PROJECT AREA CCRL Section 33333.4(g)(2)(A) requires that the Agency Board find that "significant" blight remains in the Project Area in order for the City Council to extend the time limit for the Agency to commence eminent domain proceedings. This criteria is different from, and less exacting than, the requirement that the City Council find that blight be "prevalent and substantial" for the creation of new redevelopment project areas; however, as described is Section 1.4 above, this Report to Council has used the more exacting standard identified in CCRL Section 33352 which provides that physical and economic blight will be "prevalent and substantial." The discussion below describes first the methodology used in this Report to Council to identify and then quantify blight in the Project Area (Section 3.1) and then describes the physical blight (Section 3.2) and economic blight (Section 3.3) actually found in the Project Area. 3.1 Methodology Used to Gather and Analyze Data Used in the Report to Council 3.1.1 Introduction: Discussion of Data Sources and Hierarchy of Use In order to amend the Redevelopment Plan, the Agency Board must find at the very least that "significant blight remains with the project area." (CCRL Section 33333.4(g)(2)(A). However, 5 As required by law, the Notice of Joint Public Hearing between the Agency Board and the City Council regarding the proposed Amendment No. 2 was mailed to affected taxing entities on August 17, 2007. September 2007 Z100PIn Active \Moorpark \002 \RptCC.Fnl.wpd 14 rpl_8 /17/07 Report to the ON Cozrncil Redevelopment Agencv of the Citv of Moorpark this Report to Council presents evidence that " the described physical and economic conditions [specified in CCRL Section 33031] are so prevalent and substantial that, collectively, they seriously harm the entire project area." (CCRL Section 33352(b)(2). The evidence was gathered and analyzed in a manner sufficient to meet or exceed this more exacting threshold. The method used to gather, analyze, and report upon such evidence within the Project Area is discussed below. The evidence presented in this Report to Council is derived from four sources: i) the Field Reconnaissance, ii) a review of primary research and secondary source documents completed by UFI and AGA,6 iii) interviews and testimonials of key City /Agency department staff, and iv) UFI's professional experience with redevelopment and generally accepted planning principles. The evidence so gathered? is divided into three hierarchies based upon the degree to which the source of the data can be related specifically to any given parcel, with the most parcel- specific layer identified as "Layer 1," the next most parcel- specific identified as "Layer 2," and the least parcel - specific identified as "Layer 3." 3.1.2 Methodology Used to Gather Information from Each Data Source 3.1.2.1 Field Reconnaissance The Field Reconnaissance provides data relating to the type, severity, and amount of physical conditions, and to some extent economic conditions, which the City Council and Agency Board may rely upon to make appropriate findings about the presence of physical and economic blight in the Project Area.B UFI conducted the Field Reconnaissance during May, 2007.9 In preparation for the Field Reconnaissance, senior UFI staff defined a set of 40 physical conditions determined to be adverse to the public health, safety and welfare ( "Blight Indicators "), and derived from a review of the following sources: i) CCRL Section 33031(a) (physical) and (b) (economic), ii) the 1997 Uniform Housing Code, and iii) the 2001 Uniform Building Code. A list of these 40 Blight Indicators was provided to the field team both as written definitions (see Appendix A) and as a catalog of photographs (see Appendix B) each of which shows a "minimum threshold" of severity for the appropriate Blight Indicator. A review of both Appendices A and B will show that the catalog of Blight Indicators is intended to provide a standard set of conditions and is not necessarily tailored to any specific community; consequently, there may be Blight Indicators listed or photographed in these two Appendices which are not specifically relevant to the Project Area. 8 The role assumed by AGA in the development of this Report to Council is limited to research and analyses of economic blight. Please reference Section 3.3 of this Report to Council for the AGA analysis and conclusions regarding the presence of economic blight in the Project Area. All "raw" field data generated by UFI and AGA are incorporated herein by this reference. 8 Data collected during the Field Reconnaissance is used to provide evidence to allow the City Council and Agency Board to make findings relating to CCRL Sections 33030(c) and 33031(a) and (b) relating to findings of blight. y The Field Reconnaissance was conducted during daylight hours by a team of two individuals in an automobile and /or by foot. Field notes were recorded on copies of assessor's parcel maps and included such items as the condition of primary structures capable of containing a major land use activity; the condition of public infrastructure including streets, curbs, gutters and sidewalks; inappropriate or conflicting land uses; indications of criminal activity such as graffiti; and the general condition of neighborhoods. For reasons of cost and respect for privacy, the surveyors were cautious about entering onto private property and did not enter into the interiors of buildings. All notes and other data generated during the Field Reconnaissance are incorporated herein by this reference and are on file at the offices of UFI. September 2007 ZA00PIn Active \Moorpark \002 \RptCC.Fnl.wpd 15 rpl_8/17/07 Report to the City Council Redevelopment Agencv of the Citv of'Moorpark It should be noted that, of course, if the field team did not find a case of any one or more of the 40 Blight Indicators, that Indicator(s) would not be shown on the field reports or reflected in this Report to Council. During the Field Reconnaissance the field team noted two types of information for each parcel within the Project Area: i) the primary and any secondary (if applicable) land uses for that parcel, and; ii) the specific Blight Indicator(s), if any, which met or exceeded the minimum defined and photographic thresholds described above.'o Appendix C provides a table of all Blight Indicators identified for each parcel located within the Project Area. 3.1.2.2 Primary Research and Document Research As described above, various agencies collect data on physical and economic real property conditions in the course of their business. This data is available to the researcher in various media: print, database, oral interview, anecdotal, and photographic media to list a few. These data are well suited to determining historic rates, area -wide conditions, and blighting "influences." However, use of these data is limited primarily because reporting district boundaries are generally not coterminous with the boundaries of the Project Area. As a consequence, proper use of these data often requires interpolation to rationalize differing geographies, time spans, and data sets. The different types of data used in the preparation of this Report to Council are listed below and by this reference are incorporated herein: • The General Plan; • The Zoning Ordinance to determine applicable building capacities, lot size standards, parking ratios, set back requirements, etc., for each land use type in the Project Area; • Police calls for service dispatch within the Project Area and the City for 2006;" • U.S. Census 2000; and • Staff interviews. 3.1.2.3 Professional Experience Summaries of the qualifications of staff members who participated in the Field Reconnaissance and /or subsequent review and analysis of data are provided below. This Report to Council, including the Field Reconnaissance, was completed by UFI and AGA staff under the general direction of Mr. Jon Huffman, Executive Vice President, UFI and Mr. Alonzo Pedrin, 10 For instance, an exterior wall that exhibits a major crack indicates a weakening in the foundation which will lead to failure and would be noted as a Blight Indicator. On the other hand, many stucco structures in earthquake prone California exhibit small cracks in their exterior walls which may be considered cosmetic and do not indicate the potential for failure. The major crack is a 'Blight Indicator," the smaller crack is not. 11 Note, sufficient data were not available from the County Fire Department to provide this same level of information for fire calls. September 2007 ZA00PIn Active \Moorpark \002 \RptCC.Fnl.wpd 16 rpl_8/17/07 Report to the City Council Redevelopment Agency of the Cih� ol'Moorpark Principal, AGA, respectively. Participating professional UFI staff included Mr. Richard Tillberg, AICP, Vice President, Mr. Kevin Ferrier, Planner, Mr. Ryan Bensley, Planner, Ms. Julia Myhra, Planner, and Mr. Jeremy Stephens, Assistant Planner. Participating professional AGA staff included Ms. Milena Dimitrova and Mr. David Wood. Mr. Huffman holds a Bachelor of Architecture Degree from the University of Oregon, a Masters of Landscape Architecture Degree from the California State Polytechnic University, Pomona and Certificates in Real Estate Appraisal from the California State University, Fullerton, and has personally participated in over 80 field reconnaissances and managed over 175 redevelopment plan adoptions and amendments. Mr. Tillberg holds a Bachelor of Arts Degree from the College of William and Mary and a Master of Arts in Urban Planning from Morgan State University and has personally participated in 25 field reconnaissances and provided analysis and document preparation in over 85 redevelopment plan adoptions and amendments in California. Mr. Ferrier holds a Bachelor of Arts in Environmental Conservation from the University of Colorado and a Masters Degree in Environmental Management from the University of San Francisco, and has over five years experience working in the land use and environmental planning fields as well as authoring numerous CEQA documents. Mr. Bensley holds a Bachelor of Arts Degree from California State University, Long Beach in Geography. Ms. Myhra holds a Bachelor of Arts Degree from the University of Michigan and has helped to author and process numerous environmental impact reports, redevelopment feasibility studies, implementation plans and other reports required under the CCRL. Mr. Stephens has helped process numerous redevelopment plan adoptions and amendments. Mr. Pedrin holds a Bachelor of Urban and Regional Planning from California State Polytechnic University, Pomona, a Masters of Business Administration from the University of California, Irvine, and has been the project manager and senior research analyst for numerous private and public sector studies since 1986. Ms. Dimitrova holds a Bachelors of Art in Economics from the Whittier College, Whittier. Mr. Wood holds Bachelors of Social Science in Economics from Biola University, La Mirada. UFI and AGA use their professional experience and expertise as identified above and that of Agency staff and other professionals, including Agency legal counsel and City attorney, to derive reasonable and professionally defensible definitions of terms used in the CCRL and subsequently tests these definitions against the evidence gathered during the Field Reconnaissance and through examination of the secondary evidence. Such analysis might include: i) interpreting real estate trends, ii) rationalizing apparently conflicting data, and iii) selecting comparable data sets of parcels from within the Project Area, and from outside the Project Area. 3.1.3 Methodology Used to Analyze the Data 3.1.3.1 Discussion of Definitions of Conditions which Cause Blight While the recently adopted SB 1206 has "clarified" certain definitions of blight, the CCRL still does not define the specific conditions which cause physical or economic blight through the use of any quantifiable criteria or minimum threshold conditions. Such core terms as "prevalent," "substantial," or "necessary for effective redevelopment" are not defined. Therefore, it becomes incumbent upon the City Council, and in this case, the Agency as well, to make its own determination as to how the "facts on the ground" do, or do not, fit definitions of these terms. For instance, CCRL Section 33103(a)(1) lists "dilapidation and deterioration" as one of the physical September 2007 ZA00PIn Active \Moorpark \002 \RptCC.Fnl.wpd 17 rpl_8/17/07 Report to the City Council Redevelopment Agency of the Citv of Moorpark conditions that "may" cause blight. SB 1206 has stated how dilapidation and deterioration may be "caused" (through "long -term neglect, construction that is vulnerable to serious damage from seismic or geologic hazards, and faulty or inadequate water or sewer utilities. ") but still does not state what, exactly, dilapidation and deterioration is. Nor, after an exhaustive document search, can any cohesive and specific definition be found in the urban planning or real estate literature. For instance, the U.S. Census provides that "dilapidated housing does not provide safe and adequate shelter. It has one or more critical defects; or has a combination of intermediate defects in sufficient number to require extensive repair or rebuilding; or is of inadequate original construction. Critical defects result from continued neglect or indicate serious damage to the structure. Unfortunately, this definition was found in the 1960 Census (Series HC (3) -68, p. x) and cannot be found in subsequent census reports. UFI research has found countless "definitions" of deterioration or dilapidation, but none which provide a quantifiable and indisputable description of what makes a structure either deteriorated or dilapidated. Furthermore, during the 2006 State Legislative Session, the legislature had an opportunity to adopt legislation which provided specific criteria to define blight, thereby taking away local discretion as to what "blight" actually meant. While the legislature modified certain descriptive statements in CCRL Section 33031 to further provide guidance to local legislative bodies, it specifically chose not to adopt hard standards. Consequently, it remains up to the local legislative body, using the descriptive terms found in the CCRL, to specifically find that an area is or is not a blighted area. It is, in short, up to each legislative body and, as appropriate, each redevelopment agency to examine the evidence before them to determine if the evidence, in its entirety, is sufficient for it to make a finding of blight. In this case, it is up to both the City Council and the Agency Board to examine the evidence before it to determine if the evidence, in its entirety, is substantial enough for the City Council and the Agency Board to find that there remains a prevalent and substantial amount blight in the Project Area and that the blight cannot be eliminated without the use of eminent domain. A dictionary definition of "dilapidation" is "to bring into a condition of decay or partial ruin "; "deterioration" means "the action or process of deteriorating" while "deteriorate" means "to become impaired in quality, functioning, or condition. 02 Both definitions, as well as the Census definition, provide for: i) the potential that the deterioration or dilapidation might not be based upon any one condition, but rather a series of lesser conditions which together cause the condition ( "partial," "impaired," "a combination of intermediate defects "), and ii) the exacerbating effect of these conditions over time ( "to bring into," "to become," "continued neglect "). In fact, the legislature has clarified its intention that dilapidation and deterioration may be caused by "long -term neglect" in SB 1206. Therefore, it follows the legislature must have intended a condition which causes blight" need not, by itself, be found to be "blight," but rather may be one of many conditions which, when added together, cause blight as defined in the CCRL. For instance, chipped or peeling paint, per se, is not "blight" and a structure whose only deleterious condition is chipped or peeling paint would not be considered "blighted." However, chipped or peeling paint may be found in combination with a number of other, "conditions which cause blight" each of which, alone, might not be "blight.i13 If a sufficient number of these conditions exist on one or more structures on a parcel, the legislative body of a community may appropriately find the parcel is blighted unless it could also determine 12 Merriam Webster's Collegiate Dictionary, Tenth Edition. 13 While paint may become chipped in a relatively short period of time, paint peels and weathers over a "long- term" if the condition is neglected. September 2007 ZAOOPIn Active \Moorpark \002 \RptCC.Fnl.wpd 18 rp1_8117/07 Report to the Cifi Council Redevelopment Agencv of the Citv ol'Moorpark that private enterprise or governmental action, or both, would rectify this situation in a reasonable period of time. The point at which private enterprise or governmental action can no longer rectify a situation "without redevelopment" is the point at which a parcel is blighted pursuant to CCRL Section 33031 and is in an area which is blighted pursuant to CCRL Section 33030(b). The discussion in the balance of this Section 3.1.3 describes the methodology used to "quantify" deleterious conditions in a manner which will allow the legislative body and the Agency Board to make findings of blight on specific parcels pursuant to CCRL Section 33031. 3.1.3.2 Methodology Used to Analyze Data Derived from the Field Reconnaissance Much of the information identified in the Field Reconnaissance relates to the discussion of "externalities," a real estate appraisal term which provides that "economies outside a property have a positive effect on its value while diseconomies outside a property have a negative effect on its value. 04 The CCRL is cognizant of the concept of externalities where, in CCRL Section 33030, it describes "blighted areas" rather than "blighted parcels." It is demonstrable that the intent of this language was to recognize that parcels within an "area" are affected by neighboring parcels within the same "area "; otherwise, it is reasonable to conclude that the CCRL would have described "blighted parcels" with the clear implication that individual parcels are not necessarily affected by neighboring parcels. According to the Appraisal Institute, "externalities may refer to the use of properties located near the subject property..." and "may be as broad as international currency and gold prices or as narrow as a neighbor's standard of property maintenance.i15 The "principle of externalities" is germane to discussions in this Report to Council which, for instance, relate to such Blight Indicators as: residential overcrowding, external obsolescence,16 incompatible land uses, inoperable vehicles, overgrown vegetation, deteriorated or absent public infrastructure, and vacant buildings. 3.1.3.3 Blight Severity Weighting by Parcel The first step in the process to analyze field data is to determine a level of severity for each Blight Indicator (see the Section 3.1.2.1 "Field Reconnaissance" for a description of Blight Indicators). In UFI's opinion not all Blight Indicators merit equal weight when determining whether a parcel actually exhibits conditions which cause blight. For instance, and as described above, a parcel with a structure whose only Blight Indicator is chipped or peeling paint would not be considered "blighted "; conversely, a parcel with a structure whose only Blight Indicator is severely deteriorated exterior walls which could be in danger of imminent collapse could be considered "blighted." 14 The principle of externalities provides that diseconomies outside a property have a negative effect on its value. According to the Appraisal Institute of Chicago, "[b]ecause [real property] is physically immobile, ... [it] is affected by externalities more than any other economic good, service, or commodity" and "is subject to many types of external influences." In regards to the conditions which contribute to physical and economic blight, "[d]iseconomies result when the costs of blighted areas are imposed on adjacent or nearby parcels" (The Appraisal of Real Estate, Appraisal Institute, Chicago, Illinois, Tenth Edition, p. 42). 16 lbid, p. 42. 16 Please see Section 3.1.3.4 for more detailed discussion of this concept. September 2007 Z.\OOPIn Active \Moorpark \002 \RptCC.Fnl.wpd 19 rpl_8/17/07 Report to the City Council Redevelopment Agencv of the City of [Moorpark Additionally, it should be noted that a number of economic Blight Indicators (found in CCRL Section 33031(b)) are considered such only to the extent that they exist on more than one parcel in any given area. For instance, CCRL Section 33031(b)(3) lists "[a]bnormally high business vacancies, abnormally low lease rates, or an abnormally high number of abandoned buildings," and CCRL Section 33031(b)(6) lists "excess of bars, liquor stores, or adult- oriented businesses that has resulted in significant public health, safety, or welfare problems" as indicators of economic conditions that cause blight. Therefore, while one bar or one retail establishment with a low lease rate presumably is not a condition that causes blight, the cumulative effect of a number of such conditions is considered to be such a condition, assuming the case can also be made that these conditions lead to problems of public safety and welfare. To respond both to specific physical and economic conditions that cause blight and to the cumulative effect of a number of conditions which together cause blight, each of the 40 Blight Indicators is assigned one of five possible "values" by senior UFI staff. The "values" were assigned as described below. There is one Blight Indicator whose presence on a parcel of land would, by itself, allow the City Council to make a finding that the specific parcel is "blighted" (hereafter termed "Primary Blight Indicator "). This Primary Blight Indicator is identified in Appendices A and B as exterior structural walls which are deteriorated to such an extent they are likely to collapse and cause severe structural failure. Senior UFI staff has identified a second series of 12 Blight Indicators which are considered to be half as serious as the Primary Blight Indicator and, as such, are given a value which is half that given to the Primary Blight Indicator. Examples of these Blight Indicators found in Appendices A and B are: additions not permitted, fire hazards, garage conversion (not permitted), or inadequate or impaired access to building exits. A third series of 18 Blight Indicators is considered by UFI to be only a fourth as serious as the Primary Blight Indicator and, as such, are given a value of one quarter that given to the Primary Blight Indicator. Examples of these Blight Indicators found in Appendices A and B are: apparent electrical hazards, occupied structures with one or more openings boarded up, inadequate loading or docking facilities (industrial uses only), obstruction of the public right -of -way, or unsafe or missing stairways or walkways. Finally, a fourth series of nine Blight Indicators is considered to be only a tenth as serious as the Primary Blight Indicator and, as such, are given a value of one tenth that given to the Primary Blight Indicator. Examples of these Blight Indicators found in Appendices A and B are: bars on windows or doors, defective outdoor walls or fences, fenestration issues, or presence of security fencing. After having established the relationships among the various importance levels of Blight Indicators, it becomes a matter of calculation to actually establish the values. In this particular case, any parcel which receives a total value of 20 or more "points" may, with one exception described below, be considered by the City Council to be "blighted" as that term is used in the CCRL. Consequently, the Primary Blight Indicator was assigned a value of 20 points by UFI, meaning that the presence of that Primary Blight Indicator on any given parcel would be sufficient to allow the City Council to find that parcel to be blighted, as defined. In descending order, those Blight Indicators which were half as serious as the Primary Blight Indicator were assigned a value of ten points, the next series of Blight Indicators were assigned a value of five points, and the final series of Blight Indicators were assigned a value of two points, one tenth that of the Primary Blight Indicator. September 2007 ZAOOPIn Active \Moorpark \002 \RptCC.Fnl.wpd 20 rpl_8 /17107 Report to the City Coicncil Redevelopment Agencv of the Citv of Moorpark However, it is not necessarily true that any parcel which accumulates ten of the least serious Blight Indicators would necessarily be found by the legislative body to be blighted. Therefore, in UFI's opinion, in order to be considered as a blighted parcel, any such parcel must accumulate 20 points as described above and must contain at least one Blight Indicator which is valued at five or more points. 3.1.3.4 Blight Severity Weighting by Externalities A parcel which the legislative body may find to be blighted (i.e., a parcel exhibiting 20 or more blight points) will, per the concept of externalities discussed above, negatively affect neighboring parcels (the real estate appraisal industry's concept of "external obsolescencei17). External obsolescence is "measured" by the appraisal industry in one of two ways (capitalizing income or rent loss and comparing sales prices of similar properties 18), neither of which is pertinent for determining blight in a situation where no specific parcels are to be appraised, but rather an entire proposed redevelopment project area is to be examined to determine how specific blighted properties negatively affect their neighbors and create a "blighted area" (per CCRL Section 33320.1(a)). Clearly, a standard city parcel adjacent to a blighted city parcel suffers some form of external obsolescence from that blighted parcel; it is equally clear that a standard city parcel a mile away from a blighted city parcel does not. If the degree and extent of external obsolescence cannot be measured through income capitalization (the field team will not have access to private rental records) or through comparable sales (this information is not available for each parcel in any proposed project area; however, see Section 3.3.1 of this Report to Council), then can an alternative method of ascribing external obsolescence to neighboring properties be found? In fact, the State general law for cities which do not have a charter does provides such a method in its processes and procedures for advertising to the public land use issues to be acted upon by decision - makers. These procedures, derived from standard city planning practice and the above mentioned real estate appraisal concepts, acknowledge the effect that the condition of a parcel has on surrounding parcels by providing that applicants who wish planning commission approvals for discretionary acts notify owners of property within 300 feet (and in some municipalities 500 feet) of the requesting parcel prior to any planning commission action on the applicant's request. This requirement presumes that any property within 300 (or 500) feet of a second property will be affected by the physical attributes of that property and /or the actions necessary to modify the subject property. The affect, however, decreases over distance. As a consequence, and based on the concept of external obsolescence (which provides the rational for assigning blight points to properties which neighbor blighted properties) and the practice of notifying property owners within 300 feet of any requested planning commission action (which provides the rational for ascribing blight points to properties within 300 feet of a blighted property), this Report to Council assigns: seven blight points to all properties which lie within 100 feet of a parcel which itself has accumulated 20 or more blight points; five blight points to all properties which lie between 101 and 200 feet of a parcel which itself has accumulated 20 or more blight points; and three blight points to all properties which lie between 201 and 300 feet of a parcel which itself has accumulated 20 or more blight points. Blight points attached to a parcel due to its proximity to a parcel which has 17 "External obsolescence, the diminished utility of a structure due to negative influences emanating from outside the building, is usually incurable on the part of the owner, landlord, or tenant." "External influences can cause any property to lose value." (The Appraisal of Real Estate, Appraisal Institute, Chicago, Illinois, Tenth Edition, p. 358). 18 Ibid., p. 358. September 2007 ZAOOPIn Active \Moorpark \002 \RptCC.Fnl.wpd 21 rpl_8/17/07 Report to the City Council Redevelopment Agencv of the City of Moorpark accumulated 20 or more blight points are hereafter identified as "Proximity Blight Points," and any parcel which receives Proximity Blight Points is hereafter identified as a "Recipient Parcel." Methodology for distribution of Proximity Blight Points is as follows: i) a Recipient Parcel will not, itself, generate Proximity Blight Points if its receipt of Proximity Blight Points is the factor that increases its total blight points above 20; and ii) Recipient Parcels receive Proximity Blight Points only from the 20 -point parcel nearest to them. 3.1.3.5 Blight Severity Weighting by Incompatible Uses SB 1206 has modified the definition of how an incompatible use can cause physical blight. Prior to the adoption of SB 1206, CCRL Section 33031(a)(3) provided that incompatible uses could cause blight if they prevented "the economic development of those [incompatible] parcels or other portions of the project area." [Italics added.] This definition provided that an incompatible use of, say Parcel A, which could be shown to have caused the uneconomic development of Parcel B (where Parcel B could still conceivably be developed to a lesser intensity or use than otherwise allowed) would be a physical condition that caused blight. SB 1206 deleted the word "economic" from the definition of incompatible use. The legislature appears to have intended that subsequent to its adoption of SB 1206, "incompatibility" is to be a condition which causes blight only if it could be shown that one of the incompatible land uses had no development at all; i.e., was an undeveloped parcel. Consequently, the UFI field team has assigned an "incompatible use" code only to parcels which are: i) incompatible with the neighborhood; and ii) which are adjacent to one or more undeveloped parcels. The analysis of this condition is the same as that for "external obsolescence" discussed in Section 3.1.3.4 above; i.e., the parcel itself garners 10 blight points and neighboring parcels garner either 7, 5, or 3 blight points depending on their distance from the parcel which is identified as being an incompatible use. The methodology for distribution of Proximity Blight Points is the same as that for a parcel experiencing external obsolescence as described in Section 3.1.3.4 above. 3.1.3.6 Blight Severity Weighting: Conclusion Structures on parcels which have received at least 20 blight points and exhibit one Blight Indicator totaling at least five points may be found by the legislative body to exhibit physical deterioration or are otherwise substandard or are functionally obsolete and are unsafe or unhealthy for persons to live or work in. As discussed earlier, these structures generate negative influences on neighboring properties, which may or may not demonstrate on -site blight indicators, so that the value of these adjacent or nearby properties are negatively affected by their proximity to these structures. All these conditions allow the legislative body to make findings of blight for these, and neighboring, specific parcels. 3.1.3.7 Methodology Used to Analyze Data Derived from Primary and Secondary Sources Successful interpretation of primary and secondary sources provides area -wide evidence of both physical and economic blight which the Agency Board may use to make its findings of blight in the Project Area. Whereas data from the Field Reconnaissance are parcel- specific, data derived from primary and secondary sources tend to be area -wide and more generalized. September 2007 ZAOOPIn Active \Moorpark \002 \RptCCFnl.wpd 22 rpl_8117/07 Report to the City Council Redevelopment Agencv of the City of Moorpark The Agency Board may rely upon the evidence derived and analyzed during this phase of the blight documentation process to make the finding that the blight in the Project Area is both prevalent and substantial. 3.2 Physical Conditions Described The purpose of this section is to describe the existing physical conditions as provided for in CCRL Section 33031(a) within the Project Area. Information contained in this Section will be used to document the blighting physical and economic conditions remaining within the Project Area are so prevalent and substantial that they seriously harm the entire Project Area. 3.2.1 Buildings in Which it is Unsafe or Unhealthy for Persons to Live or Work Deteriorated buildings are considered to be unhealthy or unsafe for persons to live and work in to the extent such conditions are caused by serious building code violations, serious dilapidation and deterioration caused by long -term neglect, construction that is vulnerable to serious damage from seismic or geologic hazards, and faulty or inadequate water or sewer utilities and, as such, constitute a physical condition that causes blight in accordance with CCRL Section 33031(a)(1). Such buildings suffer some form of physical deterioration which is dangerous to inhabitants; peeling paint is often lead -based and dangerous to the health of occupants (especially given the age of the buildings involved); hazardous electrical wiring is a serious fire hazard; leaking roofs, cracks around windows and doors, cracked plaster and loose joints all potentially lead to bodily injury, illness, or, in extreme cases, death. Cracked windows are an obvious indication of an unhealthful environment; boarded up windows do not provide the light and ventilation which, ever since the late 1800's, have been understood to be necessary for healthy living and working conditions. Taken altogether, these unsafe and unhealthy conditions resulting from physical structural deterioration will be seen to form a basis for physical blight found in the Project Area. The State legislature at CCRL Section 33031(a) has found that serious dilapidation and deterioration is one of the "physical conditions that cause blight" and that such conditions, when present, cause buildings to be "unsafe or unhealthy for persons to live or work" in. Inasmuch as State law provides the nexus between deterioration and dilapidation and unhealthy and unsafe conditions, one of the conditions causing blight, evidence of such deterioration and dilapidation will, in and of itself, be evidence of blight, although the following discussion additionally draws the direct link between observed conditions and how those conditions result in buildings that are unsafe or unhealthy to live or work in. Since this section discusses those blighting factors in the built environment which make buildings unsafe or unhealthy for persons to live or work in, the emphasis will be on the effects that serious deteriorated and dilapidated building conditions have on human health and safety and not on how they negatively affect the built environment. Consequently, discussion of physical blight in this section is limited to its effect on human habitation. 3.2.1.1 Serious Building Code Violations in the Project Area According to the City's Building Official, code enforcement in Moorpark is primarily "response oriented "; consequently, only those potential code violations which are actually turned into the department (other than violations identified from the City's Rental Housing Inspections Program discussed below) are inspected, and cited if there is evidence of a code violation. September 2007 Z'. \00PIn Active \Moorpark \002 \RptCC.Fnl.wpd 23 rpl_8/17/07 Report to the City Council Redevelopment Agency of the Citv of Moorpark The City's Building Official, who has been with the City since 1998, states that there are generally three neighborhoods in the Project Area which include a number of structures (primarily housing) that either have been judged by his department to be "substandardi19 or include unpermitted work (the Building Department has found most unpermitted work is completed for patio covers and room additions). These neighborhoods include: The Walnut Canyon Area (generally along Walnut Canyon north of City Hall): This neighborhood was developed in the first half of the twentieth century in very difficult topology with parcels which do not enjoy standard configurations. A substantial number of these structures are substandard based upon the Building Department's definition. Since these properties were built in County unincorporated territory so long ago, the City does not have original building permits in many cases. Charles Street Area (along Charles Street generally between Moorpark Avenue and Spring Road): This was one of the first developments in the County which would ultimately become the City of Moorpark and was developed in the early 1900's and in the 1940's and 1950's. Although not as prevalent as in the Walnut Canyon Area, a number of structures in this area are substandard and include unpermitted construction. Avenida Colonia Area (along Avenida Colonia east of Highway 118 and north of the railroad tracks): This area was developed in the 1950's and 1960's in County unincorporated territory. While structures to the south of Avenida Colonia are relatively standard without major deficiencies, many of the properties to the north exhibit the substandard conditions described by the Building Department. While the City does not have a proactive code enforcement program for all structures, it has enacted a "Rental Housing Inspections Program" to be effective January 1, 2007 (Ordinance No. 337). This program will provide for the inspection of all rental properties in the City with the intent to safeguard the inventory of decent, safe, and sanitary rental housing units in the City. According to the City's Building Official, there are approximately 1,100 rental units City -wide. The Building Department has sent letters to the owners of these units informing them of the program. To date, the City has completed inspections on approximately 200 of these units. The Building Official estimates that upwards of 90 percent of these 200 units had violations of some sort and that 40 percent of these 90 percent had "serious building violations." Since virtually all of the City's stock of rental housing is located within the Project Area, and early returns indicate that approximately 36 percent of such housing stock suffers from serious building violations, it may be stated that a substantial number of rental housing in the Project Area suffers from serious building violations. The Field Reconnaissance found a total of four unpermitted garage conversions in the Project Area .20 Garage conversions speak both to overcrowding (discussed below in Section 3.3.2 19 As defined either in Health and Safety Code Section 17920.3 orfrom the California Abatement of Dangerous Buildings Code Section 302. A "substandard" structure will include structures which do not have one or more of such conditions as: i) adequate light and ventilation; ii) adequate heat; iii) structural soundness; or iv) weatherproofing. 20 The Field Team identified a total of eight garage conversions in the Project Area which were presented to Agency staff for review. Upon its review, Agency staff by email to UFI dated June 28, 2007, identified that four of the eight conversions in the Project Area had been permitted. September 2007 ZA00PIn Ac live \Moorpark \002 \RptCC.Fnl.wpd 24 rpl_8 117/07 Report to the City Council Redevelopment Agency of the City of Moorpark of this Report to Council), and to the potential for improper construction. According to the Building Official, City staff, between 2000 and the present, identified approximately 200 illegal garage conversions which were then required to secure a permit to re- convert back to a garage. 3.2.1.2 Serious Dilapidation and Deterioration in the Project Area "Deterioration" has already been defined in Section 3.1.3.1 of this Report to Council. The definition set forth in Section 3.1.3.1 is commonly used in the appraisal profession. Cumulative and deleterious effects of wear and tear on a structure over time are exhibited in many ways. As described above, specific Blight Indicators relating to "Deterioration" found on each parcel are identified in Appendix C. These conditions are graphically located on Appendix D -1. In the Project Area, there is evidence of parcels which include: apparent electrical hazards, deteriorated secondary structures, occupied and unoccupied structures which have one or more boarded openings,21 exterior walls in danger of collapse, fences or block walls which are deteriorated to the point where they no longer serve their purpose of parcel division, fenestration issues, fire hazards, deteriorated exterior fixtures or mechanical equipment, deteriorated foundations, incidence of inoperable vehicles, chipped or peeling paint, deteriorated roofs or roof structures, unsafe or missing exterior stairs, and deteriorated weather protection.22 Of the 1,589 individual parcels located within the Project Area, 504 parcels (32 percent of all parcels) exhibited one or more indication of structural dilapidation or deterioration. The Field Reconnaissance identified a total of ten parcels which exhibited apparent electrical hazards. Six of these ten parcels were located along Moorpark Avenue between Los Angeles Avenue and Wicks Road; two other parcels were located adjacent to one or more of these six parcels; the final two parcels were located to the west of Moorpark Avenue. At their worst, electrical hazards can cause fires or electrocutions, less serious effects would include burns to occupants, charring, or short circuits. A total of 76 parcels included secondary structures were identified throughout the Project Area but located primarily in the Project Area's northeast quadrant (north of High Street and east of Moorpark Avenue), along Walnut Canyon Road, and to the east of Moorpark Avenue between High Street and Los Angeles Avenue. A secondary structure was noted only if it was constructed of defective building materials such as plywood walls, improper roofing materials, interior doors (evidenced by peeling wood veneer) on the exterior, or contained inadequate foundations, exterior walls, or roofing materials. A deteriorated secondary structure is not as serious a blighting condition as would be a primary structure since its impact on the total site is far less than that of the primary structure on the same parcel; therefore, a secondary structure would garner only five Blight Points. If the primary structure on the parcel did not exhibit any conditions which could be found to cause blight, then the parcel would only receive five Blight Points, if, on the other hand, the main structure did exhibit some substantial number of conditions which could be found to cause blight, then the 21 As has been discussed above, the presence of a "Blight Indicator" does not necessarily indicate that a structure may be found by the City Council to be "blighted" pursuant to State law. While one boarded window will not make a structure blighted, it does reduce the amount of light and ventilation available to the room it occupies. The need for light and ventilation has been long considered a health and safety issue in the planning profession. 22 These conditions are identified and defined in Appendix A. Conditions specific to serious deterioration are identified as Nos. 2, 8, 9, 10, 11, 13, 14, 15, 16, 24, 26, 29, 35, 39, and 40 in Appendix A. Note that the Project Area did not evidence any conditions of potential rodent infestation. September 2007 Z100PIn Active \Moorpark \002 \RptCC.Fn1 .wpd 25 rpl_8/17/07 Report to the Citv Council Redevelopment Agency of the Cite of Moorpark Blight Points added to the total by the deteriorated secondary structure would only confirm the already existing status of the parcel. Since the secondary structure typically would only have been a minor construction, the Field Team did not identify the specific blighting conditions of the secondary structure. However, regardless of how minor a secondary structure may be, its deteriorated condition strongly indicates that it was constructed of substandard material which was unable to withstand normal weathering and wear and tear. A total of eight occupied structures were found with one or more boarded openings, with two unoccupied structures found with one or more boarded openings. The occupied structures were located generally east of Moorpark Avenue and north of Los Angeles Avenues and the unoccupied structures along High Street and south of Los Angeles Avenue. Boarded up windows are an obvious indication of an unhealthful environment; boarded up windows do not provide the light and ventilation which, since the late 1800's, have been understood to be necessary for healthy living and working conditions. Additionally, boardings are not always professionally completed, generating the potential for loose boards, exposed nails, or jagged edges. Based upon the need for fresh air and light within structures, the Uniform Building Code has consistently required a minimum ratio between room floor area and exterior openings (or, for interior rooms, ven6tillation fans). When such openings are boarded up, the specific room, by definition, becomes an unsafe and unhealthy environment. Three parcels (one located along Walnut Canyon Road and two located south of Los Angeles Avenue) exhibited exterior walls with the potential for collapse. This Blight Indicator alone will provide evidence for the City Council to find that the structure is blighted. Scattered throughout the Project Area but primarily located north of Los Angeles Avenue, a total of 114 parcels were saddled with deteriorated fences or block walls. The security implications of this condition are obvious, not so obvious would be the potential for harm to persons or animals trying to squeeze through an inappropriate opening. Additionally, a front yard fence is the primary visual statement from the public way. While aesthetics are not specifically a condition of blight, it is well understood both among the general population and within the planning profession that "visual blight" is an important factor in the perceived success of failure of a neighborhood. The scruffy appearance of these fences or walls throughout the Project Area, themselves, creates a form of external obsolescence which starts to characterize a neighborhood as "blighted.'.23 One hundred, fifty -five (155) parcels, or ten percent of all parcels in the Project Area, exhibited fenestration issues; as with fences and walls, these parcels are scattered throughout all portions of the Project Area .2' As identified in Appendix B, deficient fenestration is called out when windows and doors are decayed, have missing hardware, glass is cracked, sills need attention, or the placement of the opening is inappropriate. While fenestration issues are not major concerns (each instance garners only two Blight Points), the presence of such issues will be a specific factor in the ultimate deterioration or dilapidation of a structure. 23 For instance, the Dunn Foundation, whose mission is to increase public understanding of the contribution community appearance makes to our quality of life, believes "community appearance must be acknowledged as a vital factor in promoting economic growth and increasing the livability of communities." (http: / /www.dunnfoundation.org) 24 Although almost half of all parcels in two areas (the Walnut Canyon area and the area bounded by the railroad, Spring Road, Los Angeles Avenue, and Moorpark Avenue) exhibited this condition. September 2007 Zi00P1n Active \Moorpark \002 \RptCC.Fnl.wpd 26 rpl_8/17/07 Report to the Citv Council Redevelopment Anenev of the Citv of Moorpark- One instance of a fire hazard was found on a parcel located on the south side of Los Angeles Avenue four parcels west of Maureen Lane in the Project Area. The considerations with fire hazards with reference to electrical hazards has been described above. Fire hazards in this context relate to structures made of old, dried wood, lack of fire retardant, site issues (overgrown vegetation, etc.) or other conditions which could lead to a fire. Fires, however caused, are clearly unsafe and unhealthy and are therefore a condition which causes physical blight. Deteriorated exterior fixtures and mechanical equipment were identified on nine structures in the Project Area generally north of Los Angeles Avenue. This condition is most often characterized by "swamp coolers" which are precariously attached to windows and /or are propped up on crates or jury- rigged 2X4's, but also include improperly attached air conditioners. These fixtures are heavy and the potential for them to fall and either hurt some individual or further destroy the structure to which they are attached is substantial. This potential is exacerbated in the event of an earthquake. Twenty -two (22) deteriorated foundations were identified in the Project Area. Most of these structures were located along the Moorpark Avenue /Walnut Canyon Road spine, with scattered instances along Bard Street and one instance each along Charles and Fremont Streets. The potential for collapse from inadequate foundations cannot be over - stressed. Inoperable vehicles were found on 63 parcels. Incidences were found throughout the Project Area except in the area north of Los Angeles Avenue and west of Shasta Avenue. While not a major Blight Indicator (inoperable vehicles rate two Blight Points), the spread of this number of property maintenance issues throughout the Project Area speaks to the pervasive nature of urban decay and the health and safety of residents." Paint related issues were present on 269 parcels located throughout the Project Area. Chipped and peeling paint has been addressed above as an example of a blighting condition which itself could not be considered to make a parcel "blighted" pursuant to the CCRL but which, in conjunction with other Blight Indicators, becomes an overwhelming condition of such blight. In this case, almost one fifth (17 percent) of all parcels in the Project Area suffered from chipped or peeling paint at least as significant as that found in the photographic examples catalogued in Appendix B. The field team found 112 incidences of deficient roofs or roof structures. Again, this condition was represented throughout the Project Area but most heavily in the quadrant of the Project defined by Los Angeles Avenue to the south and the Moorpark Avenue /Walnut Canyon Road area to the west. This condition indicates that fundamental property maintenance issues have been lacking. Deficient roofs can lead to interior leakage which leads to structural damage and ultimately, to structural failure. Thirty (30) parcels exhibited unsafe or missing exterior stairways. The majority of these parcels were located in the Moorpark Avenue /Walnut Canyon Road area, but parcels were also located on Maureen Lane, adjacent to Shasta Avenue, and along First and Second Streets. Unsafe exterior stairs are an obvious hazard to persons entering and exiting structures and become even more dangerous in the event of a need for rapid evacuation of a structure. 25 For instance, California Vehicle Code Section 22669(d) allows for the immediate removal of any inoperable vehicle because such vehicles may be declared a hazard to public health, safety, and welfare. September 2007 Z100PIn Active \Moorpark \002 \RptCC.Fnl.wpd 27 rpl_8117/07 Report to the Citv Council Redevelopment Agencj7 of the City of 'Moorpark Finally, the field team identified 177 instances of deficient exterior weatherproofing or weather protection. Again, this condition was represented throughout the Project Area but focused in the northeast quadrant of the Project Area bounded by Los Angeles Avenue and the Moorpark Avenue /Walnut Canyon Road area. This issue becomes an obvious health and safety issue especially with young children or the elderly. Note that a number of the blighting conditions listed above provide direct examples of long term neglect. Such items as deficient exterior support walls, broken or deteriorated fences or walls, deteriorated fixtures or mechanical equipment, foundations, peeling or chipped paint, worn and inadequate roofs or roof structures, unsafe or missing stairways, and deteriorated weather protection do not happen overnight. Rather they slowly manifest themselves, as if accreted from the very structures they deface, over years of neglect, poor maintenance, or abandonment. Their presence, in the concentrations identified above and graphically reflected in Appendix D -1, in the Project Area showing that the blight identified is not something which occurred over the past year, or even the past five years. Twenty -year roofs take at least a decade to begin showing wear and longer to become deficient as shown in Appendix B; foundations are supposed to last the life of the structure. Even paint will typically remain fresh for several years. The long term neglect evident in the record included herein is clear. Taken together, two statements may be made about these examples of deteriorated structures: i) they are prevalent throughout the Project Area; and ii) of the 15 conditions identified, 12 rate five blighting points or higher, five of which rate ten blighting points or higher; i.e., the evidence that the conditions identified in this section cause blight is substantial; the amount of blight itself is prevalent and substantial. 3.2.1.3 Construction that is Vulnerable to Serious Damage in the Project Area In the Project Area, there is evidence of parcels which include: apparent electrical hazards, occupied and unoccupied additions which have not been permitted, deficient exterior support walls, faulty construction materials, deteriorated foundations, one structure with inadequate or impaired access to building exits, and unsafe or missing stairways or walkways .21 These parcels are graphically located on Appendix D -2. The Field Reconnaissance identified ten parcels which exhibited apparent electrical hazards. These parcels have been discussed above in Section 3.2.1.2 of this Report to Council for their contribution to the deterioration or dilapidation of structures. Here, they are considered a component of construction which makes structures vulnerable to serious damage primarily due to their potential for conflagration. Such damage to a structure tends to be total; i.e., even a structure which has been only partially burned often needs to be completely rebuilt. Even if a fire does not break out, the damage to appliances and other electric devices caused by electrical shortages qualifies this condition as making the structure vulnerable to serious damage. 26 These conditions are identified and defined in Appendix A. Conditions specific to construction that is vulnerable to serious damage are identified as Nos 2, 3, 4, 10, 12, 16, 22, 38, and 39 in Appendix A. Note that the Project Area did not evidence any conditions of apparent unreinforced masonry walls. September 2UUI Z.\OOPIn Active \Moorpark \002 \RptCC.Fnl.wpd 28 rpl_8/17/07 Report to the City Council Redevelopment Agency of the ON ofMoorpark The field team found ten structures with additions intended for human habitation. City staff provides that five of these structures had not been properly permitted.27 Three of these additions were located in the Charles Street Area, one was located along Moorpark Avenue north of Los Angeles Avenue and one was located along Shasta Avenue. There is no guarantee that such structures would be constructed according to the Uniform Building Code or that materials used would be of sufficient size or strength. The potential for these additions to be damaged from fires, earthquakes, or materials failure is clear. Such potential for failure leads these additions to be unhealthy and unsafe since the collapse could be fatal. Furthermore, any of these additions which include wet rooms (i.e., bathrooms or kitchens) carry the potential for inadequate plumbing leading to the potential for disease. The field team identified 102 parcels located primarily east of Moorpark Avenue and north of Los Angeles Avenue and in the Shasta Avenue area included minor additions. City staff indicated that 59 of these 102 additions had not been permitted.28 Changing the materials of which a structure or addition is constructed generally exceeds the value of the structure or addition itself; alternatively, most property owners would elect to completely remove the structure and rebuild to current codes with appropriate building materials. To the extent these faulty building materials remain, they make the structure (both itself and, in the case of an addition, to the main structure to which it is attached) vulnerable to serious damage and, as such, pose a threat to the health and safety of occupants and visitors. For example, a number of "carport" constructions were located over existing driveways in front of the existing garage. These structures were affixed to the house at one end and held up by "2 X 4's" at the corners. Were these supporting columns to give way (either through shear or excessive dead weight) not only would the carport structure itself collapse (i.e., experience "serious damage ") but the main structure itself would certainly be damaged and the supporting wall may even collapse. In either case, serious damage would accrue both to the carport structure itself and to the main structure as a result of the faulty use of a construction material. The Field Team identified three structures with exterior supporting walls in danger of collapse. These have been discussed in Section 3.2.1.2 above. They are included in this discussion since their condition leaves the structure vulnerable to collapse or other serious damage in or as the result of a seismic event. Additionally, the Field Reconnaissance identified 14 structures (located along High Street, First and Second Streets and Brad Street, along Avenida Colonia, and on Esther Avenue) with faulty construction materials. As discussed in the paragraph above, faulty construction materials cannot easily be replaced without gutting the entire structure and "starting over." Such materials make any structure extremely vulnerable to serious damage by their very nature. There were 22 structures in the Project Area with deteriorated foundations. Although these have been addressed above, it is clear that a deteriorated foundation will make a structure vulnerable to serious damage in the event of a seismic event. 27 Email dated August 16, 2007. 28 By email to UFI dated August 15, 2007. September 2007 ZAOOPIn Active \Moorpark \002 \RptCC.Fnl.wpd 29 rpl_8/17/07 Report to the City Council Redevelopment Agencv of the City of Moorpark The Field Team identified one structure (along Walnut Canyon Road) with impaired or inadequate access to building exits.29 Inadequate access to building exits (either due to inadequate exterior stairways or walkways or due to poor design) clearly makes a structure unsafe and unhealthy during a seismic event. There were 30 structures with unsafe or missing stairways or walkways located generally along Walnut Canyon Road and to the east of Moorpark Avenue. Missing or unsafe stairways or walkways pose a serious health and safety hazard to persons living in or visiting structures within the Project Area. The potential for `trip and fall' type accidents cannot be gainsaid. Note that a number of the blighting conditions listed above provide direct examples of vulnerability to serious damage in the event of a seismic event. Such items as room additions which have not been permitted, other structures which have not been permitted, deteriorated exterior support walls and deteriorated foundations may be found to be directly responsible for structural collapse, while conditions such as faulty construction materials, impaired or inadequate access to building exits or structures with inadequate or missing stairways or walkways will indirectly cause serious damage if the seismic even is strong enough or if they are found in combination with other blighting conditions. The presence, in the concentrations identified above and graphically reflected in Appendix D -2, in the Project Area shows that they occur throughout the entire Project Area and, together, represent a burden on the community which mere "paint up, fix up" or other sorts of minimally corrective programs cannot successfully address. While municipal resources such as CDBG funds may be marshaled to address specific instances when and as they become overwhelmingly apparent, only locally wielded instruments such as redevelopment can address the root causes of area -wide vulnerability in such a manner that, come the next earthquake, the community will not be forced to confront multi- structure damage. Taken together, two statements may be made about these examples of structures which are vulnerable to serious damage: i) they are prevalent throughout the Project Area; and ii) of the eight conditions identified, all rate five blighting points or higher, while four rate ten blighting points or higher; i.e., the evidence that the conditions identified in this section cause blight is substantial and that the blight so identified is prevalent and substantial. 3.2.1.4 Statement that there are Unhealthy and Unsafe Buildings in the Project Area and that the Incidence of these Buildings is Prevalent and Substantial A review of Appendix C and the Appendix D series and the above text will show that conditions of unresolved serious building code violations, serious deterioration and dilapidation caused by long -term neglect, and construction that is vulnerable to serious damage from seismic or geologic hazards exist throughout the Project Area. Appendix D -3 shows that a third of the parcels in the Project Area (520 out of the 1,589 parcels) exhibited at least one of these conditions. Four hundred, forty -two (442) of these 520 parcels received at least 10 Blight Indicator points each and 180 received 20 or more points. As has been discussed above in Section 3.1.3.3 of this Report to Council, a parcel experiencing 20 or more points, based upon the methodology utilized in this Report to Council, can be considered by the City Council to exhibit conditions of blight as defined 29 Note that unsafe stairways and walkways are also considered a blighting condition with reference to deteriorated or dilapidated structures. In that case the condition comes through long -term neglect; in the present case the condition, regardless of its genesis, leaves a structure vulnerable to serious damage in the event of a seismic event due to the atten- dant condition of foundations and other structural factors to which the exterior stairways and walkways may be attached. September 2007 Z: \OOPln Active \Moorpark \002 \RptCC.Fnl.wpd 30 rpl_8/17/07 Report to the City Cozencil Redevelopment Agency of the City of Moorpark in the CCRL. Based upon this information, the Agency Board may make the finding that the incidence of blight as defined in CCRL Section 33031(a)(1) in the Project Area is prevalent and substantial. 3.2.2 Conditions That Prevent or Substantially Hinder the Viable Use or Capacity of Buildings or Lots The physical blight caused by structures of substandard, defective or obsolete design or construction is caused by many of the same conditions as those which make these same buildings unsafe or unhealthy for persons to live or work in (see comments in Section 3.2.1 of this Report to Council above). A "substandard" or "defective" structure will be substandard or defective specifically because, for instance, electrical hazards, deteriorated exterior structural support walls, or non - permitted garage conversions make it substandard or deficient. Not coincidentally, these three Blight Indicators, as well as many others, act to make structures unhealthy or unsafe to inhabitants while, at the same time, making the structure itself substandard or defective. On the other hand, an 'obsolete" structure may not be unhealthy or unsafe; it may simply not be either "viable" or it may be "substantially prevented" from being viable. Because conditions identified in CCRL Section 33031(a)(2) are, in many ways, similar to those identified in CCRL Section 33031(a)(1), much of the evidence utilized in this Section 3.2.2 has already been addressed in Section 3.2.1 the evidence here is used to show its negative impact on the viable use of buildings and land parcels rather than its negative impact on human health and safety. When reviewing the below discussion, please refer to Appendix E series which graphically show the degree of blighting conditions, by parcel, which cumulatively prevent or hinder the viable use or capacity of buildings or lots in the Project Area. As described above, specific Blight Indicators found on each parcel are identified in Appendix C. 3.2.2.1 Substandard, Defective or Obsolete Design in the Project Area A number of structures in the Project Area exhibit substandard, defective, or obsolete design given present development standards.30 These conditions include unpermitted additions (both intended for habitation and not), fenestration issues, functional obsolescence, garage con- versions not permitted, poor site ingress or egress, inadequate loading or docking facilities, poor site layout, and substandard design. These conditions are graphically located on Appendix E -1. The Field Team found five structures with additions that were not permitted but intended for human habitation, and 59 structures with minor additions which had not been permitted, in the Project Area. These structures have been located in Section 3.2.1.3 of this Report to Council. Given that these additions were not permitted, it is highly probable that their design is substandard and would not conform to current zoning standards or the building code. For instance, the "design" of such ad hoc alterations to a family home may call for improperly insulated electrical wire, sewer lines without adequate "fall' (this is especially true of add ons in the rear of a home where the increased length of sewer generates a more moderate fall), size or material (PVC pipe may be used in lieu of an approved material), toilets without adequate venting, interior bathrooms without 30 These conditions are identified and defined in Appendix A. Conditions specific to substandard, defective or obsolete design are identified as Nos. 3, 4, 13, 17, 19, 21, 23, 33, and 37 in Appendix A. Note that the Project Area did not evidence any conditions of functional obsolescence, poor site ingress or egress, inadequate loading or docking facilities, or substandard design. September 2007 ZA00PIn Active \Moorpark \002 \RptCC.Fnl.wpd 31 rpl_8/17/07 Report to the Citv Council Redevelopment Agency of the Citv of'Moorpark adequate fans to provide venting, inadequate shear strength for walls, inadequate light and ventilation, use of unvented space heaters for "temporary" heat (which could remain in place for years), improper joining between existing roofs and a new roof which may lead to leaks thereby damaging walls, lack of bolting the structure onto the foundation to protect against earthquakes, or deteriorated foundations. The high probability of such substandard design is based upon the fact that licensed architects or contractors will normally require building permits as a condition of their employment. Lack of such permits provides evidence that an architect or licensed contractor was probably not used, leading to informal design solutions to the construction considerations listed above. Fenestration issues were identified on 155 parcels in the Project Area. These conditions are located and discussed in Section 3.2.1.2 of this Report to Council. They are addressed here to the extent that a lack of windows, or inappropriate placement of windows, is a design issue which hinders the viable use or structures. Structures are used to shelter human activities; to the extent rooms are not well lighted and ventilated, human activities in that room are degraded and the use of the room itself less viable. The Field Team found four cases of non - permitted garage conversions in the Project Area. These have been discussed in Section 3.2.1.1 of this Report to Council. In this context, these garage conversions degrade the design of a structure, typically a single family residence, which included covered, off street parking for at least one and often two automobiles. For decades, the Zoning Ordinance has required garage parking for single family residences; the deletion of these garages from the single family residence makes its current design illegal and inadequate, such a departure from standard design hinders the viable use of the structure. Further, to the extent that covered, garage space is unavailable, residents will park their cars either on the lot (thereby hindering the use and capacity of the lot as well) or on the street, causing more congestion on the public right -of -way. The Field Team identified 14 parcels which exhibited poor site layout. These parcels were located along Maureen Lane, Avenida Colonia, High Street, Walnut Canyon Road, and Los Angeles Avenue. The improper placement of structures on a parcel goes directly to substandard site design and hinder's the carrying capacity of the site. Often, poor site layout will evolve from a series of ad hoc constructions over time where subsequent uses cannot be accommodated in the original structure. Additional structures are built where and as immediately convenient with no thought to the ultimate development potential for the site. At the end of the day, the total development on the site is dense enough to preclude additional development, but not so dense as to fully utilize the full capacity of the site. Taken together, two statements may be made about these examples of substandard, defective or obsolete design: i) they are located throughout much of the Project Area other than the industrial areas north of Los Angeles Avenue in the western portion of the Project Area and, other than along Maureen Lane, to the south of Los Angeles Avenue; and ii) of the five conditions identified, four rate five blighting points or higher, two of which rate ten blighting points or higher; i.e., the evidence that the conditions identified in this section cause blight is substantial and that the blight so identified is prevalent and substantial. September 2007 ZA00PIn Active \Moorpark \002 \RptCC.Fnl.wpd 32 rpl_8/17/07 Report to the Citv Council Redevelopment Agencv of the Cit>> of Moorpark 3.2.2.2 Substandard, Defective or Obsolete Construction in the Project Area A number of structures in the Project Area exhibit substandard, defective, or obsolete construction given present development standards .31 These conditions include apparent electrical hazards, unpermitted additions (both intended for habitation and not), deteriorated secondary structures, deteriorated appurtenant structures, exterior support walls which exhibit a potential for collapse, deteriorated fences or block walls, faulty construction materials, fenestration issues, fire hazards, deteriorated fixtures or mechanical equipment, deteriorated foundations, garage conversions not permitted, poor construction quality, deteriorated or absent private infrastructure, and poor site layout. These conditions are graphically located on Appendix E -2. Many of the conditions listed above have been reviewed previously in this Report to Council in Section 3.2.1 (having to do with unsafe and unhealthy conditions). Furthermore, many of these conditions have been reviewed in Subsection 3.2.2.1 (relating to the design of buildings or lots). The discussion in this Subsection 3.2.2.2; therefore, will describe how these conditions relate to substandard, defective or obsolete construction. It may be inferred that many of the ten cases of apparent electrical hazards identified in the Project Area are of substandard construction given present development standards. Construction standards become more strenuous overtime; even equipmentwhich was "standard" when installed in a structure will become substandard as standards change. As has been discussed above, the 64 incidences of unpermitted additions (both intended for habitation and not) are likely to include substandard construction materials. The Field Team identified 76 deteriorated secondary structures in the Project Area. The blighting condition of these secondary structures has been discussed in Section 3.2.1.2 of this Report to Council. All identified secondary structures exhibited substandard, defective or obsolete construction. The Field Team identified eleven deteriorated appurtenant structures in the Project Area. These were located primarily on secondary roads as, for example, on Charles Street (three structures), First Street (one structure), Avenida Colonia (one structure), Flory Avenue (two structures), and Whitney Avenue (one structure). A deteriorated appurtenant structure has been given only two Blight Points on the assumption that its impact on the total site is far less than that of the primary structure to which it is attached. Appurtenant structures may be attached to a main structure which itself may or may not have exhibited some number of Blight Indicators. If the main structure did not exhibit any conditions which could be found to cause blight, then the parcel would only receive the Blight Points associated with appurtenant structure, if, on the other hand, the main structure did exhibit some substantial number of conditions which could be found to cause blight, then the Blight Points added to the total by the deteriorated appurtenant structure would only confirm the already existing status of the parcel. Since the appurtenant structure typically would only have been a minor construction to, say, house an outdoor hot water heater, or be a small lean - to, the Field Team did not identify the specific conditions of the appurtenant structure. However, regardless of how minor an appurtenant structure may be, its deteriorated condition strongly 31 These conditions are identified and defined in Appendix A. Conditions specific to substandard, defective or obsolete construction are identified as Nos. 2, 3, 4, 5, 6, 10, 11, 12, 13, 14, 15, 16, 19, 31, 32, 33, and 38 in Appendix A. Note that the Project Area did not evidence any conditions of apparent unreinforced masonry walls. September 2007 ZA00PIn Active \Moorpark \002 \RptCC.Fnl.wpd 33 rpl_8/17/07 Report to the City Council Redevelopment Agency of the City of Moorpark indicates that it was constructed of substandard material which was unable to withstand normal weathering and wear and tear. The three cases of deteriorated exterior support walls, the 106 cases of deteriorated fences or block walls, the 14 cases of faulty construction materials, the 155 structures with defective fenestration, the one case which exhibited fire hazards, the nine structures with deteriorated mechanical fixtures or equipment, the 22 cases of deteriorated foundations, and the four non - permitted garage conversions have all been discussed elsewhere in this Report to Council. To the extent these conditions came about because of substandard construction materials, they are germane to the discussion in this section and hinder the viable use of the lot and structure. The Field Team identified 38 structures which exhibited poor construction quality as defined in Appendix A (that is, as determined by a comparison of the exterior of the structure with appropriate illustrations in Marshall & Swift Valuation resources32) which are generally located throughout the Project Area except for the industrial area north of Los Angeles Avenue in the western portion of the Project Area. Poor construction quality may include the construction of a building with materials such as corrugated metal or similar materials. This condition is different from "faulty construction materials" which, as described above, are inappropriate for the use to which they have been put. Poor construction quality, on the other hand, has more to do with either construction materials or techniques which are of poor or very poor quality and would be marginally substandard at the time of development and would become obsolete relatively quickly over time. The Field Team identified 181 parcels in the Project Area which exhibited deteriorated or absent private infrastructure. As with parcels which exhibit poor construction quality, these parcels are located throughout the Project Area except for the industrial area north of Los Angeles Avenue in the western portion of the Project Area. The construction techniques used with poorly designed private infrastructure is tends to be substandard and subject to premature failure. Two statements may be made about these examples of substandard, defective or obsolete construction: i) they are prevalent throughout the Project Area except for the industrial area north of Los Angeles Avenue in the western portion of the Project Area; and ii) of the 16 conditions identified, 13 rate five blighting points or higher, five of which rate ten blighting points or higher; i.e., the evidence that the conditions identified in this section cause blight is substantial and that the blight so identified is prevalent and substantial. 3.2.2.3 Statement that there are Blighting Conditions in the Project Area Which Substantially Hinder the Viable Use or Capacity of Buildings or Lots and These Conditions are Prevalent and Substantial A review of Appendix C and the Appendix E series as well as the above text will show that conditions caused by substandard, defective, or obsolete design and substandard, defective, or obsolete construction are prevalent throughout the Project Area. Appendix E -3 shows that over one quarter of all parcels in the Project Area (406 out of the 1,589 parcels) exhibited at least one of these conditions. Three hundred, thirty -nine (339) of these 406 parcels received at least 10 Blight Indicator points each and 161 received 20 or more points. As has been discussed above in Section 3.1.3.3 of this Report to Council, a parcel experiencing 20 or more points, based upon the 32 "Residential Cost Handbook ", Marshall & Swift, updated as of March 2002 which, by this reference, is incorporated herein and made a part hereof. September 2007 ZAOOPIn Active \Moorpark \002 \RptCC.Fnl.wpd 34 rpl_8 117/07 Report to the Citv Council Redevelopment Agency of the Citv of Moorpark methodology utilized in this Report to Council, can be considered by the City Council to exhibit conditions of blight as defined in the CCRL. Based upon this information, the City Council and the Agency may make the finding that the incidence of blight as defined in CCRL Section 33031(a)(2) in the Project Area is prevalent and substantial. 3.2.3 Existence of Subdivided Lots in Multiple Ownership Whose Physical Development Has Been Impaired Given Present Conditions Appendix F -1 identifies the 67 parcels in the Project Area that are in multiple ownership and that suffer from irregular shape and inadequate size given present General Plan and zoning standards and present market conditions. Appendix F -2 shows those parcels identified in Appendix F -1 which have been identified with ten or more Blight Points. CCRL Section 33031(a)(4) provides that only the parcels with the characteristics identified in Appendix F -1 "whose physical development has been impaired" may be considered to be a condition which causes physical blight. As has been described elsewhere in this Report to Council, the legislature leaves it to the local legislative body to define words such as "impaired." In this case, physical development may be "impaired" without the specific parcel having to be "blighted." Therefore, this Report to Council assumes that a parcel which is burdened with half the Blight Points which would otherwise be necessary in order to allow the Agency to find it was a blighted parcel, certainly shows "physical development [which] has been impaired." A review of Appendix F -2 will show the bulk of these parcels are located in the Walnut Canyon Area, with scattered parcels located along the Avenida Colonia and along Casey Road and Everett Street. More telling is the fact that over four fifths (81.2 percent, 56 parcels) of the 80 irregular parcels in multiple ownerships also exhibit impaired physical development. The correlation between irregular subdivision and blight is inescapable. 3.2.4 Statement Providing Compelling Evidence There are a Substantial Number of Parcels in the Project Area which Suffer from Indications of Physical Blight and that Such Blight is Prevalent and Substantial A review of the information provided above and in Appendix C, the Appendix D and E series, and Appendix F will show that there are a substantial number of parcels in the Project Area which suffer from one or more conditions of physical blight as provided for in the CCRL and defined in Appendix A and that such physical blight is prevalent and substantial throughout the Project Area. The diffusion of the physical conditions which cause blight throughout the Project Area identified above make a successful effort on the part of private enterprise acting alone to eradicate blight ineffective and a successful effort on the part of government acting alone problematic. The reasons for this are: While private individuals acting alone may invest their funds to upgrade individual properties in otherwise well maintained neighborhoods; it is highly unlikely these same individuals would invest their funds in blighted neighborhoods where the perception is that whatever they do individually will not affect the neighborhood and their investment will be 'lost" in and to the neighborhood blight. September 2007 ZA00PIn Active \Moorpark \002 \RptCC.Fnl.wpd 35 rpl_8117/07 Report to the Citv Council Redevelopment Agencv of the City of Moorpark Cities without redevelopment have only limited powers and resources to positively affect, as opposed to regulate, the environment. Other than expenditure of municipal funds for public works, or community development block grant funds expended in conjunction with private development, a city cannot upgrade specific private property or in any other way be "proactive" with respect to community image building and economic development. 3.3 Economic Conditions Described The purpose of this section is to describe and evaluate existing economic conditions within the Project Area that are recognized to contribute to blight. The Project Area is being evaluated in terms of blight that may exist as indicated by selected economic conditions. Economic conditions known to cause "blight" are explicitly defined in the CCRL and to a great extent involve the following social and economic circumstances within a given area: • Depreciated or Stagnant Property Value • Adequacy of Commercial Facilities • Business Operating Environment • Socio- economic Displacement and Overcrowded Housing • Public Safety Risk and Economic Burden In contrast to the many physical attributes of blight, related economic circumstances may not be as readily evident from a visual inspection of the Project Area. Such economic circumstances, nonetheless, contribute to an environment that can effectively create economic dislocation or diminish the fruit of efforts undertaken by private entities or the local government agency. This section discusses economic conditions describing the Project Area to determine whether such circumstances are prevalent and substantial and whether they cause a reduction or lack of proper utilization to such an extent they constitute an economic burden. This section also determines whether identified circumstances within the Project Area impose a burden which cannot be reasonably expected to be reversed or alleviated by independent or cooperative efforts of private enterprise or local government, without redevelopment. 3.3.1 Depreciated or Stagnant Property Values as Evidenced by Sales Data Economic dislocation in an area is generally evident whenever local property values are lower than those of similar kinds of property in the surrounding area (are "depreciated ") or experience absolute decline, continue to lag, or fail to keep pace with values being supported by similar kinds of property in the surrounding area (are "stagnant "). The cause and severity of economic dislocation is often complex and can be driven by a diversity of factors, such as dilapidated or technically obsolete buildings, ill- configured or undersized lots, local crime problems, circulation or parking problems, discovery of hazardous materials, etc. Regardless of the root September 2UU1 ZA00PIn Active \Moorpark \002 \RptCC.Fnl.wpd 36 rpl_8/17/07 Report to the City Council Redevelopment Agenev of the Citv of Moorpark cause, depreciated or stagnant property values are an indicator of economic blight such as underutilization of existing properties or deferred maintenance and neglect of existing properties. The investigation of economic blight begins with a property value analysis that compares transacted values reported among properties in the Project Area against the corresponding value of similar land use in the local surrounding area (within the City). This analysis considers reported property sales to determine if the land value of improved property remains depreciated at given points in time or remains stagnant over a series of time periods used to evaluate surrounding area trends. Due to factors that create a wide variation in real estate improvement value (size of home, floor- area - ratio, architectural design and finish, etc.), sales data is compared in terms of the value per square foot of transacted land area (as distinct from land and improvement value combined). Transacted land values are compared according to distinct classes of land use (residential, commercial, vacant, etc.). The comparative analysis considers electronic appraisal data compiled by American Real Estate Solutions, Metroscan, and other commercial purveyors of recorded real estate transaction data commonly used in connection with conventional market studies and property appraisals. The Project Area includes a diverse mix of land uses spread over 1,018 acres (excluding public rights of way) of real estate and is comprised of a calculated 1,589 individual parcels of land. The comparison time frame used to gauge market value typically covers a period of 12 to 24 months; in this analysis a period of about 30 to 40 months was considered due to availability of data. An initial tabulation of extensive data records did not reveal any commercial or vacant property with sufficient transaction data to support an objective comparison of value trends for this type of land use in the Project Area. The analysis of property value conditions is, therefore, limited to a comparison of both single - family and multi - family residential property in the Project Area. The analysis of land value trends started with the review of more than 1,700 transaction records involving residential property. Subsequent scrutiny of transaction details to exclude transaction records that lacked data or described dissimilar properties resulted in a comparison of the following transaction activity: TABLE 1 REAL PROPERTY TRANSACTION ACTIVITY IN THE PROJECT AREA TRANSACTED LAND USE PROJECT AREA OUTSIDE THE PROJECT AREA TOTAL Single Family Detached 87 811 898 Condominium /MF 45 117 162 Total 132 928 1,060 Source: First American Real Estate Solutions; Alfred Gobar Associates The land price for each transaction was estimated by distinguishing the assessed land value stated on the transaction record from the total price describing the sale. This figure was then divided by the lot square footage to obtain land price per square foot of lot area. The pool of transaction records forthe reference area outside the Project Area is sufficiently large (928 records) to provide a reasonable measure of value trends describing market - driven land value for single - family detached and multi - family attached land use. September 2007 Z100PIn Active \Moorpark1002\RptCC.Fnl.wpd 37 rpl_8/17/07 Report to the Citv Council Redevelopment Agency of the Citv of *Moorpark Appendix G -1 provides a detailed summary of transaction data describing annual sales activity for single - family and multi - family residential properties within the Project Area and the surrounding community. Shown is the average land price, lot size, and price per square foot of land area for all listed transactions evaluated. Also shown is the absolute and percentage pricing differential that distinguishes property within the Project Area from similar property sales in the surrounding community. Appendix G -1 divides single family detached development into either Agency- assisted or not Agency- assisted developments (the Agency provided no assistance for multi family developments during the period studied). Single- family residential transaction data in Appendix G -1 for "All Sales" suggests the Project Area is not able to command land values that are comparable to other single - family residential property in the community. The equivalent land value per square foot of real estate property generally increases as size of the parcels become smaller and decreases as the size of the parcels become larger. The relatively small lot size describing residential property in the Project Area suggests the likelihood of a higher per square foot land value, but the indicated value ($37.10 to $41.69 per square foot) lags corresponding values in the surrounding area ($42.33 to $51.58 per square foot) by 1.5 to 28.1 percent on a year -to -year basis. On average between January 1, 2005 and May 16, 2007, residential property value in the Project Area, "All Sales" has lagged behind land value in the surrounding area by an average of 14.1 percent. Appendices G -2 and G -3 graphically illustrate the relationship between the Project Area "All Sales" and the surrounding community for single - family detached parcels of land. Since 2005, the differential that distinguishes residential land value in the Project Area "All Sales" from the surrounding area has diminished, but only because average corresponding values in the surrounding area have, themselves, stagnated by nearly 18.0 percent since 2005. Note, however, that when projects which have been assisted in the Project Area are removed from the analysis, property values in the Project Area diminish dramatically.33 Appendices G -2 and G -3 show these results. It may be said that Agency assistance within the Project Area has tended to dramatically increase average single family residential values within the Project Area. Appendix G -1 summarizes a similar analysis of transaction activity and land values supported for multi - family (condominiums, townhouses, etc.) properties in the Project Area. This data suggest that the gap that distinguishes per square foot land values in the Project Area continues to lag corresponding values achieved in other areas of the community. Since 2004, multi - family land values have lagged behind the surrounding area by an average of 51.3 percent (from 47.5 to 53.1 percent). Appendices G -4 and G -5 graphically illustrate the relationship between the Project Area and the surrounding community for multi - family detached parcels of land. As shown since 2005, multi - family land value in the Project Area remains stagnate at 47.0 to 52.0 percent below the price per square foot value for the surrounding community. 3.3.2 Depreciated or Stagnant Property Values as Evidenced by Conditions of External Obsolescence The overall concept of external obsolescence and how this Report to Council describes the results of external obsolescence have been addressed in Sections 1.1 (definition of external 33 The Agency provided assistance in two developments which experienced sales during the time period studied: i) along Denali, Fuji and Olympus Streets; and ii) along Moonsong Court. Since Agency assistance will skew private market valuations, it would be appropriate to examine market values in the Project Area which excludes these transactions. September 20U1 Z: \00PIn Active \Moorpark \002 \RptCC.Fnl.wpd 38 rpl_8/17/07 Report to the City Council Redevelopment Anency of the City of Moor park obsolescence) and 3.1.3.4 (how this Report to Council measures the blighting effects of external obsolescence) above. The effects of external obsolescence on a parcel is described by its "utility" which is the ability of a property, or improvements to the property, to satisfy a human want, need or desire. The influence of utility on value depends on the characteristics of the property. Size utility, design utility, location utility, and other specific forms of utility can significantly influence property values. The nexus between external obsolescence and diminished utility is found in "location utility" inasmuch as it is adjacent obsolete properties which "negatively influence" the property in question. Consequently, it follows that external obsolescence is a factor which helps depreciate property values. In fact, the effects of external obsolescence as made manifest through the affected property's diminished utility, is one of the reasons for redeveloping an area pursuant to the CCRL. External obsolescence describes a devaluation of property values and is therefore a condition of blight as defined in CCRL Section 33031(b)(1). Secondly, and more to the point, it is generally impossible for the owner of property which is experiencing external obsolescence from other properties in the area (but which she or he does not own) to do anything about it (unless, of course, the offending party has gone beyond conditions which could be considered to be blighting conditions under CCRL Section 33031 and has allowed his or her property to become so deteriorated that the city could, in the extreme, cite it for such problems and ultimately demolish it). Since individual property owners cannot compel other private property owners to upgrade their premises, it falls upon municipal governments to do so. This is not easily accomplished for at least two reasons: i) municipal governments do not have the legal power to compel property improvement unless there is evidence of code infraction, nor do they have any other authority to induce property improvement other than through voluntary efforts organized under, for instance, neighborhood improvement plans, specific plans, involvement in "paint up /fix up" efforts sponsored by the municipality, etc; and ii) local governments, ever since Proposition 13, have found that the majority of their discretionary income must be committed to public safety activities, leaving few funds for activities such as neighborhood improvement in any meaningful fashion. Consequently, external obsolescence is precisely the type of blighting characteristic for which it is difficult in the extreme for individuals acting alone or government acting alone to rectify. Redevelopment brings to the table precisely the two conditions described above which municipal government lacks. In the extreme, a redevelopment agency does have the legal power, through the use of eminent domain, to compel the redevelopment of specific parcels which are causing nearby properties to experience external obsolescence. 34 In the second case, redevelopment brings additional financial resources in the form of tax increments to induce private property owners to rehabilitate their properties, thereby improving the property itself and alleviating the conditions of external obsolescence imposed on nearby properties. Figure 3 shows the blighting influence that external obsolescence has on neighboring parcels and, in toto, on the entire Project Area. Even a casual review of Figure 3 will show that, throughout the core of the Project Area, in the Avenida Colonia area, along Maureen Lane and Beltramo Ranch Road, and in residential areas along Los Angeles Avenue, parcels which the City Council may find to be blighted negatively impact neighboring parcels. It is interesting to note that: 34 It should be noted that condemnation requires extraordinary conditions, is very costly both in terms of political and financial resources, is time consuming, and is heavily constrained by state and federal law; consequently, this power is typically used only in extreme cases. September 2007 ZAOOPIn Active \Moorpark \002 \RptCC.Fnl.wpd 39 rpl_8 /17/07 THIS PAGE INTENTIONALLY LEFT BLANK v v 0 D Z 0 Z C co DARLENEEN 001!� p ELUVININ �\- _ -- —� CASE -RD E �ERETT`ST i cnALLEYAL r. . - w t - z 2 J . _ H , F ST Q . (__'_ "� rs ��..• -, �• ,. 'U RL "ES ST r�uNi� i1i11! a W R sot City Boun( N Freeways /x/ Southern Pacific Railroads Moorpark Redevelopment Project Area (1,217 Acres *) External Obsolescence Indicators Turned Blighted After External Obsolescence Impact Blight Points Earned from External Obsolescence j 7 Points (within 100 feet) 5 Points (101 - 200 feet) 3 Points (201 - 300 feet) *Acreage is approximate. N 1,000 500 0 1,000 Tn Feet Moorpark Redevelopment Agency �n • sift iUM AMENDMENT NO. 2 TO THE REDEVELOPMENT PLAN FOR �o ••..A. REDEVELOPMENT PROJECT, NOW FIGURE 3 PROJECT AREA EXTERNAL OBSOLESCENCE INDICATORS sell .s /r!t / / ■►� �' r��i.- ` _ o - � �I -. �r��tl� ��'- I1 �� "'�' �" i = � m11�IP� "`tt�`t�i�l�11i�111111�t ►•...` � --� ��,t;,��, ♦� ' Prepared •' �Rr1 \� . ��ii�f �� _ ���uiiiii� •► !1111 :1111111111: �: /: ��t11 - • •� t11t� �� . ♦ ♦ ♦♦� f f �i Source: Urban Base Map Source: City of Moorpark `• - - - - e // , �� . ♦ �.►� •!� -�a_a� �' �t Ali, t�� + f '� %'�� ` � ����`* ♦ ��M / / /�r�, �� �� � iii ri i � �� �� r •1����, �♦ � ��� 11 � Date: 08/16/07 • �� • • • _ . _ I�111._.�. �. �It�._ , �,►_ ����s // /tom _ ° - -- — �i�•1v.� ti �a �t1 ����� _ .� • �� Report to the City Couneil Redevelopment Agency of the Cih) of Moorpark i) residential areas fronting Shasta and Whitney Avenues actually "export" blighting influences to the industrial parcels to the west (along Kazuko Court); and ii) the City's three neighborhoods with the most code enforcement issues (the Walnut Canyon, Charles Street, and Avenida Colonia areas) also experience the highest incidence of external obsolescence." 3.3.3 Poverty and Residential Overcrowding 3.3.3.1 Prevalence of Poverty Poverty reflects a structural economic deficiency that affects nearly every community to various degrees. Poverty conditions tend to breed disincentives for market - driven investment and limit economic growth of individual households, the resident community, and local businesses. When poverty conditions are prevalent, economic objectives of households and businesses face inordinate challenges. Increased risk of failure faces individual households that undertake property improvements (i.e., home repair, home remodeling, etc.) because a disproportionate number of surrounding households lack financial resources to respond in like manner. Property improvement by local merchants and landlords (i.e., property maintenance, center /store remodeling, etc.) also face increased risk of failure often because the effort is not echoed by enough adjoining businesses to have meaningful long -term impact in the community. When poverty conditions are prevalent, risk of inadequate commercial facilities is elevated because a disproportionate share of households lack the financial resources to support business investments aimed at providing products and services needed in the community (such as consumer merchandise, personal services, adequate housing conditions, health insurance, banking and financial services, etc.). The U.S. Bureau of Census is one of the two federal agencies that calculate poverty income levels (the U.S. Department of Health and Human Services prepares similar calculations) to determine the number of American households living in poverty. The Census prepares poverty income calculations annually and utilizes such calculations to provide a comprehensive assessment of poverty households as part of the decennial Census. The poverty level is determined from a nationwide survey, without adjustment of geographic differences, and in 2000 ranged (on a weighted average basis) from $8,794 per year for a single - person household to $17,603 per year for a four - person household. Due to the rigid method used to calculate poverty since the late 1950's and shifting patterns of household consumption for staple products, most experts contend that today's poverty level households face more adverse economic challenges than earlier poverty households [Economic Policy Institute -FAQ]. The methodology used to evaluate conditions of poverty and overcrowding is summarized as follows. Poverty data describing the Project Area households are based on the 2000 Census — latest comprehensive data describing household poverty and overcrowding. Poverty and overcrowding Census data are reported according to Block Groups —the smallest geographic reporting unit used to measure conditions endemic of the individual Census Blocks being grouped together. Each sub -area of the Project Area and Census Block Group are compared to select the closest physical match possible for analysis. The physical alignment and overlap of Block Group and the Project Area boundaries are evaluated to determine the extend conditions that describe all Block Group households are indicative of study area conditions. 35 Please see Section 3.2.1.1 for further discussion of these areas. September 2007 ZA00PIn Active \Moorpark \002 \RptCC.Fnl.wpd 43 rpl_8/17/07 Report to the City Council Redevelopment Agency of the Citv ofMoorpark Based on the 2000 Census summarized in Appendix G -6, 8.5 percent of the Project Area households live in poverty conditions compared to 4.8 percent of households in the City. The data in Appendix G -6 indicate the proportion of poverty level households within the Project Area is 1.75 times greater than is true for the City overall. Further review of the data also indicates that a disproportionate share of poverty -level households in the Project Area are "family" households. Families account for 6.5 percent share of poverty -level households in the Project Area, or a share that is 1.76 times greater than is true for the City. Additionally, 2.6 percent of all households in the Project Area are single - parent families living in poverty compared to 1.5 percent for the City. These factors clearly suggest that a substantially greater share of children living in the Project Area (1.73 times greater) are youth impacted by poverty conditions than is true throughout the community. The prevalence of poverty is particularly evident when the age structure of residents detailed in Appendix G -6 is considered. The proportion of Project Area adolescents (ages 12 to 17 years) impacted by poverty conditions is greater than that of the City. About 17.7 percent of poverty- stricken residents are 12 to 17 years of age, a rate of 1.23 times the share of poverty- stricken residents throughout the City. These facts indicate that the Project Area has a higher proportion of "high risk" teenagers living in poverty. As a result, there exists a substantial and prevalent risk that teenagers are more likely to be influenced or impacted by unemployment, illicit drug activity, truancy, loitering, petty crime, abuse, gang - related activity, and other byproducts of poverty and social displacement that contribute to crime and public safety problems. Appendix G -7 provides a graphic comparison of the proportion of Project Area and City households that live below the poverty level and at alternate income levels described as a ratio of the poverty level income. As shown, poverty level and near - poverty level households constitute a higher proportion of total households within the Project Area than is true for the City overall. On a combined basis, the number of Project Area residents living in poverty or near - poverty conditions is 1.91 times the rate describing the City at large. In contrast, the proportion of Project Area households that report income at least 2.0 times the poverty level is significantly lower than is true for the City overall. These factors clearly suggest an inordinate share of Project Area households suffer a lack of financial resources available to invest in real property maintenance or undertake household activities (transportation, medical, educational, cultural, etc.) conducive to a quality standard of living and creating opportunities for socio- economic advancement. 3.3.3.2 Prevalence of Overcrowding The economic health of the Project Area can be affected by overcrowded conditions in the same manner economic dislocation resulting from poverty impacts an area. The Census recognizes overcrowding to exist whenever the number of individuals in a household exceeds 1.5 occupants per habitable room (bedrooms, living rooms, dining rooms, etc., excluding kitchens, baths, or garages). A prevalence of overcrowded housing conditions is also indicative of individuals and families who are economically disadvantaged and more likely to be exposed and /or impacted by social challenges (unemployment, alcohol and substance abuse, crime, truancy, etc.) that contribute to blight within a local environment. Appendix G -8 provides a detailed comparison of household occupancy in the Project Area and the City. Described is the proportionate mix of households according to distinct levels of occupancy per habitable room and by type of tenure. For all occupied housing, the proportion of overcrowded households in the Project Area (14.4 percent) is 2.66 times greater than is true for the City overall. September 2007 Z100PIn Active \Moorpark \002 \RptCC.Fnl.wpd 44 rpl_8/17/07 Report to the Citv Council Redevelopment Agency of the Citv of Moorpark Neighborhoods with a heavy mix of renter households tend to host a transient population base, which most often demands a higher level of law enforcement service. In addition, land owner maintenance of property tends to erode in the neighborhoods heavily dominated by renter households. Renter - occupied housing accounts for 37.6 percent of all occupied housing in the Project Area, which is approximately 2.14 times greater than the City overall (17.5 percent). Within the Project Area, the share of renter - occupied households living in overcrowded conditions (20.2 percent) is 1.39 times greater than is true for the City overall (14.6 percent). Homeownership is a significant factor that contributes to social and economic stability and to long -range potential for discretionary household investment in the maintenance and care of property. The share of owner - occupied households in the Project Area is relatively low (62.4 percent for the Project Area compared to 82.5 percent for the City overall). In addition, a greater share of Project Area homeowner households suffer from overcrowded living conditions (10.8 percent) than is true of the City (3.5 percent). As a result, homeowner residents living in the Project Area are 3.14 times more likely to live in overcrowded conditions than is true for the City overall. Appendix G -9 provides a graphic comparison of household occupancy within the Project Area and the City according to the alternate number of occupants per room. As shown, the share of households with 1.51 or more occupants per habitable room is significantly greater in the Project Area than is true for the City overall. The share of households living in conditions that approach overcrowding (1.01 to 1.50 occupants per room) is also significantly higher in the Project Area than is true for the City overall. By comparison, the share of Project Area households with 0.50 or fewer persons per room is notably less than the City overall. 3.3.4 Public Safety and Crime 3.3.4.1 Overview Public Safety is a top priority of governance due to its influence on critical socio- economic factors including the quality of life for area residents, operating success of local businesses, and general economic health of the community. Police protection services constitute the most common form of public safety affecting the socio- economic well being of a community and the most costly of public safety services that the City must provide in response to taxpayer demands. Consequently, police protection services monopolize a substantial share of relatively limited fiscal resources available to the City to expend in response to heightened demand for such protection. The City contracts with the Ventura County Sheriffs Department for police protection services and the Sheriff acts as the City's Police Department. The City Police Department is composed of safety personnel, equipment, and safety program operations, which constitute a form of readiness capacity available to the community through a structure of police patrol districts. As such, mobilization of police resources in response to a call for service effectively monopolizes a portion of available readiness capacity for the duration of the response call. The interim monopoly of readiness capacity is an operational aspect of providing police protection that is managed in the form of second responders, mutual aid, back -up patrol, etc. When a given locale generates a disproportionate number of calls for service (relative to other land uses of a similar nature), it burdens the City's ability to provide satisfactory readiness capabilities for the community at large. In effect, a locale that generates a disproportionately high rate of service calls is itself a public safety risk but also increases the public safety risk for other September 2007 Z100PIn Active%Moorpark \002 \RptCC.Fnl.wpd 45 rp1_8/17/07 Report to the City Council Redevelopment Agency ofthe Citv of'Moorpark areas of the community because it unduly monopolizes readiness capacity and places an economic - fiscal burden on limited City resources. Estimates of public safety requirements often rely on a personnel index (e.g. sworn officers per 1,000 population) to calculate funding resources required per increment of development activity. Population -based estimates fail to consider service demands represented by nonresidential forms of land use such as retail complexes and offices. In a given location, both nonresidential and residential land uses drive police protection service demand. AGA employs a methodology that assigns the incidence of public safety response on the basis of demand per increment of land use served. This approach reflects the notion that different forms of land use demand different levels of protective service and associated resources. For example, the amount of protection demanded per acre of low- density residential housing is different than demanded for an acre of retail development. The following assessment of police protection services demanded throughout the City and within the Project Area reflects an assessment of City response capacity, further distinguished on the basis of land use activity served. 3.3.4.2 Comparison of Public Safety Activities Inside and Outside the Project Area Appendix G -10 describes the typical per acre incidence rate of demand for police protection services to the various forms of land and development within the City during 2006. The Police Department maintains internal record logs for all incident response activity (whether initiated by a citizen call for service or officer - initiated response while on patrol). Response data provided by the Police Department indicate a total of 16,832 incident calls were logged during 2006, which equates to a typical rate of 2.11 annual calls per acre of existing land use. The incident rate of demand for police protection also varies by distinct form of land use activity served, ranging from less than 0.02 for vacant/undeveloped space to 10.82 for retail - commercial development. The Citywide incident rate of demand for each form of land use provides the benchmark reference to determine if the Project Area is generating a disproportionately high number of calls for the existing mix of land use and, therefore, exhibiting conditions of excess public safety risk and fiscal (economic) burden to the community. Appendix G -11 summarizes an analysis of police response activity within the Project Area based on a reporting district tracking system that can identify response call activity by reporting districts (which was provided by the Police Department). The analysis first identifies the number of annual response calls that should be generated (3,720 annual calls) if the existing mix of land use in the Project Area is demanding crime protection services at the same rate as similar forms of land use in other parts of the community. The analysis then identifies the number of annual service calls actually generated within the Project Area (9,506 annual calls). Comparison of the benchmark demand reference (3,720 calls per year) and the actual incidence of demand (9,506 calls per year) indicates the perceived risk and actual incidence of crime in the Project Area is requiring 2.55 times the level of service otherwise required for similar forms of land use in other parts of the community. The indicated rate of police response activity in the Project Area exceeds the level of protection response that should normally be required. Response call activity reflects the level of safety response that private households and businesses (requesting service) and the public protection agency (providing or initiating service) have determined is necessary to address socio- economic and crime - related circumstances posing a public safety risk (domestic abuse, drunk and disorderly conduct, burglary, loitering, pandering, drug use, sexual assault, suspicious activity, etc.). Consequently, the level of crime prevention and September 2007 ZA00PIn Active \Moorpark \002 \RptCC.Fnl.wpd 46 rpl_8117/07 Report to the Citv Council Redevelopment Agency of the ON of Moorpark intervention required in the Project Area must be treated as a necessary response to an inordinate crime and public safety risk that also burdens limited fiscal resources of the community. The public safety burden generated by socio- economic and crime - related circumstances within the Project Area is graphically illustrated in Appendix G -12 as an indexed ratio of crime and public safety protection currently demanded for similar land uses in other areas of the City. The incident rate of demand for protection services in the Project Area is excessive in terms of resources unduly diverted from similar land use activities in the community that are otherwise entitled to an appropriate level of Police protection. 3.3.5 Adequacy of Commercial Facilities Retail development accounts for a significant share of existing land use within the Project Area. Project Area retail developments also account for nearly 78.2 percent of all retail acreage throughout the City (190.9 acres in the Project Area divided by 244 commercial - retail acres City- wide determined by the Consultant's existing land use calculations). Retail is a population - serving form of land use, developed for the purpose of providing goods and services demanded by area residents and businesses. The Project Area's commercial development along Los Angeles Avenue serves as the City's main commercial district. A field audit of existing commercial facilities identified approximately 129 retail storefronts within the Project Area. Storefront representation is a useful indicator regarding the adequacy of commercial facilities within a given locale. Areas that suffer from inadequate commercial facilities commonly lack an adequate mix of retail establishments to satisfactorily meet daily consumption needs in the surrounding neighborhood. A lack of storefronts is evident when the ratio of residents to retail storefronts (e.g.: XXX residents per storefront) in a local area such as the City is considerably higher than the corresponding ratio describing a mature retail market such as the County. A high ratio indicates local- serving storefronts are relatively scarce, while a low ratio indicates a relatively abundant supply of local- serving retailers. Both of these indications of commercial adequacy are discussed below. An audit of existing retail facilities in the Project Area was conducted in May 2007. A total of 129 existing establishments were identified and classified according to 22 store type activities describing the vast majority of tenant activities found in neighborhood - serving retail districts. Results of the field audit are graphically summarized in G -13 and compared against the common mix of store type activities found in viable neighborhood - serving retail districts and centers. The comparison benchmark is based on a comprehensive national survey of retail centers conducted by the Urban Land Institute. As shown, the storefront mix in the Project Area includes both an abundance and scarcity of neighborhood - serving retail activities. Store type activities that cater extensively to daily and frequent consumption needs include general merchandise -drug stores, specialty - retail stores, food - grocery stores, limited - service eateries, snack - beverage shops, and personal and consumer service shops. Field audit data indicates purchase options are relatively limited for five of these seven daily -need retail activities; general- merchandise -drug, specialty -gift stores, food and grocery stores, and both personal and consumer services. A 2007 field audit of retail establishments within the Project Area indicates there is a lack of commercial facilities needed to serve the surrounding community. The ratio of retail establishments serving Ventura County in 2005 (latest available data from State Board of Equalization) indicates an overall ratio of approximately 96 persons per retail establishment. The September 2007 ZAOOPIn Active \Moorpark \002 \RptCC.Fnl.wpd 47 rpl_8/17/07 Report to the Citv Council Redevelopment Agency o 'the Cirh of Moorpark corresponding ratio describing retail establishments located in the Project Area and serving the Moorpark community is equal to approximately 277 persons per retail establishment (35,760 City residents divided 129 retail establishments audited). Retail land use in the Project Area accounts for a portion of all retail acreage serving the community. A corresponding ratio adjusted to reflect the Project Area's share of Citywide retail acreage is equal to approximately 217 persons per establishment (78.2 percent of City population divided by 129 stores). Stated another way, retail storefront representation in the Project Area is equal to 4.6 stores per 1,000 residents or 56.0 percent below the Countywide average of 10.4 stores per 1,000 residents. Throughout the County, total taxable sales (excluding auto purchases) transacted at existing retail establishments equated to about $8,290 per capita in 2005 (the latest available data from the State Board of Equalization). Based on this level of expenditure potential, corresponding taxable sales transacted at retail establishments in the City should amount to roughly $296.5 million (35,760 residents in 2005 multiplied by $8,290 in per capita expenditure potential) if existing retailers are doing an effective job of meeting the retail needs of local residents. By comparison, the actual level of taxable sales reported for the City in 2005 amounted to approximately $181.4 million. This level of taxable sales indicates that more than $115.0 million per year, or about 38.8 percent, of retail support potential from local area residents is leaving the Project Area and community on a yearly basis. The inability to serve nearly 40.0 percent of indicated retail need (not including auto purchase demand) provides another strong indication that existing retail facilities in the Project Area do not adequately serve daily consumption needs of community residents. 3.3.6 Statement of Prevalent and Substantial Economic Blight in the Project Area Several economic circumstances exist within the Project Area that contribute to economic dislocation, diminish the effective utilization of economic resources, and unduly burden opportunities to realize significant economic growth. Economic conditions within the Project Area that indicate the presence of economic blight conditions area summarized below: Residential land values in the Project Area remain lower than similar land use in the City. Land value describing improved single - family residential properties in the Project Area "All Sales" have lagged behind the City by 1.5 to 28.1 percent from 2005 to year -to -date 2007; excluding Agency- assisted parcels, these factors increase to 10.8 percent and 32.7 percent respectively. Additionally, improved multi - family property values have lagged behind the City by 47.5 to 53.1 percent from 2004 to year -to -date 2007. Based upon information provided herein, it may be stated that land values in the Project Area are depreciated relative to the City overall, though not necessarily stagnant. The Project Area is unavoidably influenced by socio- economic circumstances affecting the lives of households living below the poverty level. The proportion of poverty level households residing within the Project Area is 1.75 times greater than is true for the City overall. Poverty level conditions in the Project Area also impact a disproportionate number of "at risk" teenagers and young children under the age of 11. The Project Area is impacted by overcrowded housing conditions affecting 14.4 percent of all households. The incidence of overcrowding within the Project Area is 2.66 times greater than is true for the City overall. Additionally, the rate of September 2007 ZAOOPIn Active \Moorpark \002 \RptCC.Fnl.wpd 48 rpl_8/17107 Report to the City Council Redevelopment Agency of the City of'Moor park overcrowding among owner - occupied households in the Project Area (10.8 percent) is 3.14 times greater than is true for the City overall (5.4 percent), while the rate of overcrowding among renter - occupied households in the Project Area (20.2 percent) is 1.39 times greater than is true for the City overall (14.6 percent). Protecting businesses and residents from crime and crime related hazards in the Project Area is requiring the City to allocate a disproportionate share of public safety protection capacity and unduly burdens limited fiscal resources available for this purpose (labor, equipment, funding, etc.). Criminal activity and perceived threat of crime is prompting police response calls within the Project Area at a rate 2.55 times higher than justified for similar land use activity in surrounding areas of the City. Crime and public safety is substantial and prevalent enough in the Project Area that protecting businesses, property, and the public requires excess allocation of limited fiscal resources and creates an economic burden on the community. Los Angeles Avenue, in the Project Area, is the City's main commercial district. Even though, retail facilities within the Project Area fail to attract nearly 40 percent of support potential ($115.0 million per year in taxable sales) associated with the daily and periodic consumption needs of the community. Additionally, the mix of retail located within the Project Area indicates there are gaps in the selection of store type activities that are normally found in a viable neighborhood- serving retail district. The above economic conditions related to economic blight had a detrimental impact on the standard of living for resident households within the Project Area and impede opportunity for socio- economic advancement. These economic conditions are significant among resident age groups most vulnerable to overcrowding conditions and are at the greatest risk of contributing to public safety and crime issues. Economic circumstances within the Project Area described above constitute a serious liability that is significant enough to constitute an economic burden that cannot be reversed or alleviated by the private sector or the City without redevelopment. 3.4 Statement Providing Compelling Evidence That Conditions of Physical and Economic Blight are Prevalent and Substantial Throughout the Project Area A review of the information provided above and in Appendices D, E, F and G and in Sections 3.2 and 3.3 of this Report to Council will show that there are a substantial number of parcels in the Project Area which suffer from one or more physical and economic conditions of blight as provided for in the CCRL and defined in Appendix A. However, as relayed above, the fact that a parcel may exhibit one or more Blight Indicators cannot translate into a statement that, upon its review of the record, the City Council could find the parcel in fact to be blighted. Pursuant to the methodology set forth in this Report to Council, in order to be considered by the City Council as a parcel which exhibits physical or economic blighting characteristics (or both), that parcel must exhibit two conditions with reference to the 20 -point scale: i) the parcel must exhibit at least one Blight Indicator which reaches a level of seriousness to equal at least 5 points, and ii) the parcel must exhibit a sufficient number of Blight Indicators so that their combined total equals at least 20 points. Figure 4 shows those parcels in the Project Area which fit this category and which exhibit sufficient evidence of physical and economic blight such that the City Council could make a determination, based upon the evidence contained in this Report to Council and September 2007 ZAOOPIn Active \Moorpark \002 \RptCC.Fnl.wpd 49 rp1_8/17/07 THIS PAGE INTENTIONALLY LEFT BLANK i K:CRE u ESS v -o v Z 0 z SPG� LEGEND City Boundary N Freeways /x/ Southern Pacific Railroads C:;' Moorpark Redevelopment Project Area (1,217 Acres *) Cumulative Blight Weight (No. of Parcels /Acreage) C1 0 - 19 (1,409 / 968 Acres *) ® 20 or Above (180 / 51 Acres *) *Acreage is approximate. FAIRWEATHER}XING " N E= 1M�RV 1,000 500 0 1,000 Feet Moorpark Redevelopment Agency AMENDMENT NO. 2 TO THE REDEVELOPMENT PLAN FOR THE MOORPARK REDEVELOPMENT PROJECT FIGURE 4 PROJECT AREA BLIGHT SUMMARY I�I� *� a �♦ t�/�� 1�i %,l��• - �s : .... •,`, �: .•�� �'� �► ��� , Prepared Urban Source: Urban Futures, Inc. Base Map 11111 1111 111.... .. _q� ♦I�► •► ♦ �� � R • • • . Source: - �j -� i tlt���� ; �I t Date: 08/16/07 INCORPORATED File.- MPPA BlightSumm.mxd '� -' . - e !�f I� �'t��t' � • • rr �� � �- ar�_�� � � � .� �`I�� � � rte ��� • u• Report to the Citv Council Redevelopment Agency of the City of Moorpark graphically illustrated in Figure 4, that these properties exhibit conditions of physical and economic blight. Figure 4 shows that 180 of the 1,589 parcels and 51 acres of 1,018 parcelized acres36 exhibit conditions of physical and economic blight as identified in the Field Reconnaissance. Evidence of the extent and nature of serious building code violations provided in Section 3.2.1.1 of this Report to Council further shows the prevalence and substantiality of physical conditions which cause blight in the Project Area. The discussion in Section 3.3 of this Report to Council shows the prevalence and substantiality of economic conditions which cause blight in the Project Area. 4.0 REASONS FOR REINSTATING THE REDEVELOPMENT PLAN'S LIMITED EMINENT DOMAIN PROVISION APPLICABLE TO THE PROJECT AREA AND DESCRIPTION OF WHY BLIGHT CANNOT BE ELIMINATED WITHOUT SAID POWER The above discussion in Section 3 of this Report to Council has demonstrated that blight, both physical and economic, exists in the Project Area and that it is prevalent and substantial. Much of the physical and economic blight identified in 2007 was also identified in 1989 when the Original Redevelopment Plan was adopted. In fact, the report to the City Council provided as a part of the evidentiary record at the time the Original Redevelopment Plan was adopted identified the following types of physical and economic blighting conditions: deficient, deteriorated, or dilapidated buildings; older or obsolete buildings and structures; mixed and incompatible buildings and land uses; parcels with irregular form, shape, and size; prevalence of economic maladjustment; and prevalence of depreciated values and impaired investments. Much of the blight identified in 1989 continued through 2005, the year in which the Agency's latest implementation plan adopted pursuant to CCRL Section 33490 was drafted. For instance, during this 16 -year period, and other than commercial improvements along the north side of Los Angeles Avenue west of Moorpark Avenue, virtually all activity in the Project Area was either instigated by, or facilitated by, the Agency. During this time period the Agency assisted in financing infrastructure and recreation projects and service facilities. According to Agency staff, developers interested in any substantial real estate improvements within the Project Area have historically approached the Agency with requests for assistance, either financial assistance outright or assistance in securing buildable sites.37 There has been no substantial development along High Street, downtown Moorpark's major thoroughfare, since the adoption of the Original Redevelopment Plan and, in fact, recently a sandwich shop and a bakery have gone out of business (the sandwich shop in December 2006, and the bakery in July, 2007). Part of the private market's disinclination to invest along High Street may be the incidence of homeless persons who populate the area. While the absolute numbers of these individuals is relatively small, their antisocial actions are a negative factor. The use of redevelopment funds could help ameliorate this condition. 36 Of the 1,217 acres in the Project Area only 1,018 acres are developable, the balance are in rights -of -way. 37 The one exception to this statement would be the development of two relatively large apartment complexes to the south of Los Angeles Avenue flanking Moorpark Avenue. However, it must be noted that these developments were built on large land parcels in single ownership; there was no requirement for any form of land assemblage. September 2007 Z00% Active \Moorpark \002 \RptCC.Fnl.wpd 53 rp1_8/17/07 Report to the Citv Council Redevelopment Agency of the Cite o Moorpark Also according to Agency staff, there has been no indication of any serious attempts within the residential neighborhoods in the Project Area by the development community to upgrade properties, eradicate blight, or even, as shown in Section 3.0 of this Report to Council, in many cases even maintain properties at a minimum standard. It is clearthat there has been no substantial improvement within the Project Area without assistance provided by the Agency during the last 18 years. Further, City staff do not anticipate any such improvements by private activity acting alone in the foreseeable future. But for the powers and authority of redevelopment within the Project Area, it is highly unlikely that the conditions identified in Section 3.0 of this Report to Council would be ameliorated. 4.1 Reasons for Reinstating the Redevelopment Plan's Limited Eminent Domain Provision In order to eradicate the blight identified in Section 3.0 of this Report to Council, the Agency seeks to amend the Redevelopment Plan to reinstate its limited eminent domain authority. This authority would exclude all property zoned residential and all property zoned commercial or industrial that had a residential structure on it which was owner occupied at the time the Original Redevelopment Plan was adopted (subject to all required procedures under California Law). Other than reinstating the Agency's authority to exercise eminent domain in the Project Area for an additional 12 -year period, Amendment No. 2 will not amend, modify, change or in any way affect the Redevelopment Plan. The availability of the limited power of eminent domain within the Project Area will help the Agency to i) more effectively implement the Redevelopment Plan and continue redevelopment programs necessary to alleviate remaining conditions of blight, ii) carry out Agency redevelopment - related goals and objectives by providing an important site assembly tool for public improvements, and iii) promote and stimulate new private investment in the Project Area. As has been described above, it is not likely that said blight will be eradicated without redevelopment pursuant to the CCRL. For purposes of redevelopment, the Agency may need to acquire parcels of property in the Project Area in the future; however, at this time the Agency has not identified any specific parcels which it intends to acquire. If and when necessary, Agency eminent domain proceedings will be undertaken pursuant to applicable law and will only be initiated when all other means of acquisition have been exhausted. 4.2 Description of Why Blight Cannot be Eliminated Without the Use of Eminent Domain A review of the projects and programs list in the Original Redevelopment Plan shows that a number of such projects and programs will require the purchase and redevelopment of privately owned property. The Agency may, at some point in the next 12 years, be in the position where it either: i) requires the purchase of privately owned land from a land owner who is unwilling to sell regardless of price; or ii) is unwilling to sell at a price which is consistent with the requirement that a redevelopment agency, or, in fact, any state or local governmental in California refrain from providing a gift of public funds to a private individual. In these two cases, the Agency may be required to exercise its rights of eminent domain. In the absence of this authority, the Agency could easily be stymied in its implementation of projects and programs which would be of benefit to the Project Area specifically and the community generally. Such a situation would be prohibitively 3eptemoer wv / Z: \00PIn Active \Moorpark \002 \RptCC.Fnl.wpd 54 rpl_8/17/07 Report to the City Council Redevelopment Agencv of the Citv of Moorpark detrimental to the Agency's implementation of the Amended Redevelopment Plan for at least two reasons. In the first place, the programs and projects list provided in the Amended Redevelopment Plan represents the Agency's work program to eradicate blight in the Project Area. Any restriction of the Agency's ability to implement these programs and projects, such as the inability to acquire privately owned property for redevelopment, would reduce its effectiveness in implementing the Amended Redevelopment Plan and, if such restrictions occurred with any regularity, would eviscerate its ability to implement the Amended Redevelopment Plan altogether. Secondly, in many cases, the potential for the use of eminent domain acts to focus discussions relating to land value on the real value of the property, given the statutory definitions of value that apply in the eminent domain context, rather than on perceptions of value which a private property owner may believe that lack any legal or evidentiary basis. Such a focus allows for more productive discussions between the Agency and the private property owner when both parties to the negotiation are operating within the same regulatory framework. It is for the above reasons that: i) the Agency has identified the successful completion of these programs and projects as the method it will use to eliminate blight from the Project Area; and, ii) the programs and projects in the Amended redevelopment plan cannot be completed without the Agency's ability (or at least the potential) to use its limited power of eminent domain; and iii) therefore blight cannot be eliminated from within the Project Area without the use of (or the potential ut use) eminent domain. September 2007 ZAOOPIn Active \Moorpark10021RptCC.Fnl.wpd 55 rpl_8/17/07 THIS PAGE INTENTIONALLY LEFT BLANK APPENDICES THIS PAGE INTENTIONALLY LEFT BLANK APPENDIX A BLIGHT INDICATORS THIS PAGE INTENTIONALLY LEFT BLANK BLIGHT INDICATOR CODES CCRL EXPLANATION OF RATINGS REFERENCE # CODE BLIGHT INDICATOR § 33031 SUBHEADING DESCRIPTION VALUES ASSUMPTIONS SOURCES 1 AB Adult Business (b)(6) Adult Reference photograph — None necessary. 2, C' Adult businesses may attract criminal behavior into the CA Vehicle Code (pornography, Business neighborhood. There has been much literature on the negative 23152(a),(b), 23153 liquor, bars) effects of adult businesses, including linking them to rapes & burglaries. Liquor stores & bars provide irresponsible drinkers with CA Penal Code the opportunity for anti - social behavior & driving under the 191.5, 192 influence of alcohol. The cumulative effects of numerous such businesses becomes the blighting issue. 2 AEH Apparent Electrical (a)(1) Deterioration Includes any visible electrical wires, wire connections, 5 Faulty electrical wires dead to increased risks for fire & Uniform Housing Hazards (a)(2) electrical boxes, that are loose, disconnected, electrocution. While some fires are localized, other fires, especially Code 701.2 dangling, etc., and /or electrical wiring types that are when coupled with poor maintenance of the structures, may be CA Electric Code outdated & would not be permitted under current fatal. The apparent electrical hazards have not been verified, & article 100A codes, e.g., knob & tube wiring systems. therefore have not been assigned an even higher weighting factor. "Exposed ", 501 -4, 502 -4 503 -3, 505 -15, Art 500 and 511 3 ANPA Addition Not (a)(1) Code Includes construction that appears to be affected by 10 Unpermitted room additions become a health and safety issue to Local Municipal Permitted (a)(2) Violations, poor quality workmanship and /or faulty materials, the extent that such additions are not made to code. In the case Code, as applicable (Occupied) Defective suspect construction techniques, or that appears to that rooms are poorly constructed and violate building codes, the Const. violate local building codes. health and safety of occupants are of principal concern. California Building Code 106.1- 106.2 4 ANPB Addition Not (a)(1) Code Includes the same issues as identified in "ANPA" 5 The same issues as identified in "ANPA" except that because California Building Permitted (a)(2) Violations except for appurtenant structures such as patio these spaces are not used for sleeping or other types of habitation, Code 106.1- 106. 2 (uninhabited) covers, tool sheds, lean -tos, open porches, stoops, & the value is half that assigned to "ANPA ". and 1025 other types of "add -ons" intended as "pass through" areas. 5 SS Secondary Structure (a)(1) Deteriorated Includes secondary structures which are currently 5 These structures may be inhabited or not. They are deteriorated to (a)(2) deteriorated or dilapidated. the extent that they would have accumulated 20 or more physical Blight Points as determined by the field team. 6 AS Appurtenant (a)(1) Deteriorated Includes appurtenant structures which may have been 2 These structures are uninhabited, thereby mitigating their effect on California Building Deteriorated (a)(2) permitted but are currently deteriorated or dilapidated. health & safety. Their presence does, however, represent an Code 102 Structures economic disincentive. 7 BAR Bars on (b)(7) Crime Includes bars on windows &/or doors. 2, C" Bars on doors & windows is a crime indicator. However, individual Potential Fire Escape Doors /Windows instances do not necessarily show actual crime rather than Hazard personal preference (see "G"). California Building Code 310.4 8 BO Boarded Occupied (a)(1) Deteriorated Permanent boarding of one or more windows or doors. 5 This condition causes a lack of light & ventilation & is a moderate California Building 1 health & safety issue. Additionally it shows an economic Code 1203.2 -3, disincentive & negative aesthetic impact. 1202.1, 1202.2 9 BU Boarded (a)(1) Vacancies Permanent boarding of one or more windows or doors. 10 Excessive buildings that are boarded & unoccupied for extended California Building Unoccupied (a)(2) In addition the structure is apparently unoccupied. periods of time show an economic disincentive & negative Code 102 aesthetic impact. To the extent the boarding is professionally done & in good repair these buildings would not be a health & safety issue & so are given a low value. Z: \OOUFI FORMS \FIELD WORK\ FIELDWORKGUIDELINES _GENERALPOSTSB1206.DOC 1 rp102/09/07 p102109107 Z: \OOUFI Fc ELD WORK\ FIELDWORKGUIDELINES _GENERALPOSTSB1206.DOC •FI CCRL EXPLANATION OF RATINGS REFERENCE # CODE BLIGHT INDICATOR § 33031 SUBHEADING DESCRIPTION VALUES ASSUMPTIONS SOURCES 10 ESW Exterior Structure (a)(1) Deteriorated Exterior structural support walls that are deteriorated 20 Severe health & safety, economic disinvestment & aesthetic California Building Support Walls to such an extent that the structure they support may issues. Code 102 (collapse) collapse. 11 FBW Fence /Block (a)(1) Deteriorated Includes wood, chain link, or other material fences, 2 This indicator is usually evidence of aesthetic issues because the Local Municipal Wall /Other outdoor (a)(2) Defective concrete block walls, large planter boxes, etc. that are fences & walls are not part of an inhabited structure &their failure ` Code, as applicable wall structures , Const. deteriorated. Deterioration may include deteriorated is not likely to cause injury. However, there is an element of which are defective paint, missing or broken sections, lurching, leaning, economic disinvestment &negative aesthetic impact. cracking, or loose concrete blocks. 12 FCM Faulty Construction (a)(1) Defective Construction materials with the potential for premature 5 Faulty construction materials are typically chosen to lower California Building Materials (a)(2) Design or deterioration, given outdoor elements, earthquakes, construction costs and tend to fail or deteriorate more rapidly than Code 102 Physical etc. more standard materials. This indicator also represents health & Const. safety issues since there is a greater chance of structural failure with faulty construction materials in the event of earthquakes, floods, etc. 13 FEN Fenestration - (a)(1) Deterioration Includes torn or missing screens, or cracked or broken 2 This indicator represents economic disinvestment, & health & is Local Municipal Code, as applicable windows, screens, (a)(2) windows, deteriorated doors that may be out of safety issues. Replacing screens, windows & doors an expense; damaged items are visible from the public right of way, potentially doors square. lowering property values. Damaged fenestration gives easier access to the building, presenting a potential health & safety or crime issue. 14 FH Fire Hazards (a)(2) Deterioration Structures made of old dried out wood which evidence 10 This indicator represents severe health &safety issues &economic California Fire Code (Structure or Severe (a)(1)' a lack of fire retardant construction (i.e. loose boards disinvestment. Fires will damage property & may even cost lives. 103.4.5, 1110, and Site Issue) providing air ducts for the rapid spread of fires) & no This category does not get as high a rating as ESW since fires 1103. drywall. Site issues also involve severely overgrown need a flashpoint to start whereas structures with severely vegetation, high piles of dried out yard waste & damaged exterior walls can collapse on their own. accumulation of other flammable wastes. 15 FME Deteriorated (a)(1) Deterioration Severely deteriorated outdoor air conditioning units, 5 This indicator represents dilapidation & deterioration. These Uniform Housing Fixtures or (a)(2) ventilation units (includes post - construction ventilation deteriorated fixtures, mechanical equipment, or HVAC systems can Code 504.3 Mechanical pipes probably inserted after the structure was be costly to replace & tend to lower the value of the property. California Building Equipment/HVAC constructed) Theoretically, some health & safety issues could apply to this Code 1202 -1203 category. However, at the threshold level, this is not normally the case.< 16 FND Foundation (a)(1) Deterioration Severe cracks in the foundation of the structure which in the 10 Deteriorated foundations are a health & safety issue. An earthquake increases the probability of structural collapse. This California Building Code 102 and 1806. (a)(2) could lead to the collapse of the structure event of an earthquake. category was rated less than collapsed exterior walls & fire hazards, however. Unlike ESW, FND needs a catalyst (i.e. earthquake) to cause more severe structural damage. 17 FO Functional (a)(2) Substandard Often found in converted buildings where the 10 This indicator is principally economic disinvestment. Typically, the California Building Obsolescence Design converted uses are incompatible with the design & building floor plan, water & waste systems, & parking facilities were Code 109 and 3405. Obsolete layout of the building. not designed for the adopted re -use of the building & do not serve Local Municipal Design the present use well. Code, as applicable 18 G Graffiti (b)(7) Crime Visible from the public right -of -way showing gang 2, C' This category indicates anti - social behavior &/or the presence of Local Municipal presence. gangs & other undesirable elements. Unlike bars on the doors & Code, as applicable windows, excessive graffiti likely represents actual gang activity Local Municipal rather than fear of such. Code, as applicable p102109107 Z: \OOUFI Fc ELD WORK\ FIELDWORKGUIDELINES _GENERALPOSTSB1206.DOC •FI Z: \OOUFI FORMS \FIELD WORK\ FIELDWORKGUIDELINES _GENERALPOSTSB1206.DOC 3 rp102/09/07 CCRL EXPLANATION OF RATINGS REFERENCE # CODE BLIGHT INDICATOR § 33031 SUBHEADING DESCRIPTION VALUES ASSUMPTIONS SOURCES 19 GC Garage Conversion (a)(1) Code Garage conversions as evidenced through windows & 10 Unpermitted garage conversions become a health& safety issue to Same codes as Not Permitted Violations door entries where the garage door formerly was. the extent that such conversions are not made to code. In the case ANPA that conversions are poorly constructed & violate building codes, the health & safety of occupants are of principal concern. 20 ICLU Incompatible Land (a)(3) Incompatible At land use which is adjacent to a vacant parcel and is a 10 Conflicting traffic patterns & noise & potential odors from industrial So, Frank S. et al, Uses Uses different use from neighboring uses. A typical example uses are inimical to resident's quality of life. Economic issue in the The Practice of Local is a residential use next to an industrial use (with case of a residence adjacent to an industrial use, the residence will Governmental insufficient setbacks & barriers to prevent residents from suffer a decreased market value as may the industrial use. Planninq, suffering unwanted odors, noise & traffic created by International City industrial use). Management Association: Washington, DC, 1979. 21 IE Poor Site (a)(2) Substandard Parcels with narrow rights -of -way which severely 10 Health & safety & economic disincentive. In the case of an Chrest, et al, Parking Ingress /Egress Design restrict access to structures from emergency vehicles, emergency, delays in emergency services can be life threatening. Structures: Planning, Design, Construction, (including emer- restricting their ability to respond to life threatening Frequently this condition is an indicator of land use intensities that Maintenance and gency vehicle emergencies. Difficult or awkward access reduces the exceed local FARs & affect other site development issues including access) value of properties due to increased inconvenience. a lack of parking and open space. Repair, Van Nostrand: Reinhold, NY, 1989:13. 22 IEX Inadequate or (a)(1) Defective Buildings with insufficient exits according to the 10 Health & safety issue. In the case of a fire, people could be California Building impaired access to (a)(2) Design or Uniform Building Code or exits blocked by vehicles, trapped in the building & be burned or killed. Code 310.4 Building Exits Physical trash bins or items being stored on the other side of and 1108 A. Const. the exit door. 23 ILD Inadequate (a)(2) Substandard Related to functional obsolescence. Inadequate 5 Economic disinvestment. The structure was not constructed with Loading /Docking Design loading /docking facilities are evidenced through supply facilities which provide for a smooth transition of products from the Facilities trucks blocking right -of -ways or unloading at a point of origin and to the structure. Also, trucks at these buildings distance from the loading /docking facility. often block public right -of -ways, producing a potential health and safety issue. 24 INF Potential for (a)(1) long -term This is evidenced through large accumulations of 5 Health & safety issue. However, the threshold level only requires Local Municipal Infestation of neglect trash; known habitats for rodents and insects. the potential for such infestation, not actual witness of such. Code, as applicable Rodents or Insects Therefore, this category is mostly economic disinvestment (huge piles of trash laying around) with some health & safety issues rather than pure health and safety violations. 25 IP Irregular Parcel (a)(4) Irregular add shape (i.e. long & skinny, triangular shape, 10 Irregular parcels represent economic disinvestment as they cannot Parcelizatio extremely small) limits effective development on the be Utilized to maximum potential (based on comparisons with other, n parcel, creating economic disinvestment or even regular parcels of the same size). preventing development altogether on the parcel; 26 IV Inoperable (a)(1) long -term Vehicles which appear to be inoperable or are visibly 2 A lack of on -site, inappropriate vehicular storage which has been Local Municipal Vehicles /Inadequate neglect under repair from the public right -of -way. Such allowed to continue over time. Code, as applicable vehicle storage evidence of inoperable vehicles includes flat tires, no wheels and /or vehicles on blocks. Z: \OOUFI FORMS \FIELD WORK\ FIELDWORKGUIDELINES _GENERALPOSTSB1206.DOC 3 rp102/09/07 $nl 02/09/07 Z: \OOUFI FC AELD WORK \FIELDWORKGUIDELINES GENE RALPOSTSB1206.DOC CCRL EXPLANATION OF RATINGS REFERENCE # CODE BLIGHT INDICATOR § 33031 SUBHEADING DESCRIPTION VALUES ASSUMPTIONS SOURCES 27 OPR Obstruction of 33030(c) N.A. Cars, debris or barricades blocking the public right -of- 5 This category is potentially a health and safety issue (i.e., obstruction Public ROW way (streets, sidewalks or alleys). of public streets and alleys could lead to an increase in traffic accidents or vehicular /pedestrian conflicts as pedestrians must walk in the street to avoid the obstruction), a sign of overcrowding, or an example of economic disinvestment. Since the potential for such accidents is low, however, the threshold for this category is relatively low as well. 28 OV Overgrown /Hazard- (a)(2) Viable use Overgrown vegetation could hide street signs, provide 5 The threshold level forOV is mostly economic disinvestment, ous Vegetation of lots nesting grounds for vermin or, in worst cases, be a fire however there is a health & safety issue. Vegetation is indicative of hazard. neglected property maintenance & is a factor in lowering property values. This category is also somewhat aesthetic in nature. 29 P Paint - related issues (a)(1) Long -term May include checking, cracking, peeling, chalking, dry 5 Indicates long -term neglect of structures leading to serious neglect rot, warping dilapidation an d deterioration 30 PDL Presence of Payday (b)(6) Adult Payday Lenders or Pawn Shops that are either stand 2, C` Individually, payday lenders or pawn shops are very minor 5/24/00 Statement by Lenders or Pawn Businesses alone structures or part of other businesses. examples of economic disinvestment. Collectively, many PDL Ellen Seidman Shops establishments show economic disinvestment. Testimony on Predatory Lending before the committee on Banking and Financial Services, US House of Representatives. 31 PQ Poor Construction (a)(2) Substandard Economic value of the structure is decreased by how 5 Poor construction quality is an example of economic disinvestment Marshall & Swift Quality /Corrugated or defective the building is constructed. The use of less expensive since costs were cut during the construction phase, producing a Valuation Service Steel /Building Type construction materials (i.e. corrugated steel) & construction poorer quality product. p.12 (Marshall and Swift) techniques do not necessary create health & safety situations. However, it does decrease the value of the structure since the value present from excellent construction quality is never there. 32 PRI Deteriorated/ (a)(2) Viable use These involve driveways, walkways, etc. that are 5 This category is mostly economic disinvestment. - Bookout, Lloyd W. "Valuing Absent Private of lots either unpaved or deteriorated. Landscape, Site Planning, and Infrastructure Amenities," Urban Land Archives, 1994, November. 33 PSL Poor Site Layout (a)(2) Substandard Poor site layout results in inefficient use of a parcel & 5 Poor site layout is an economic disinvestment in that the structures Chrest, et al, Parking (exceeds FAR, Design may include: i) poor access to structures, ii) parking are not situated to function at their maximum efficiency. Health & Structures: Planning, access to parking, irregularities, iii) excessive FAR, iv) onsite traffic safety issues exist when the site has poor circulation & small Design, Construction, onsite circulation, issues (narrow rights of way, poor turning radii), or v) turning radii which limit emergency vehicle access. Maintenance and turning radius) lack of minimum space between buildings. Often Repair, Van Nostrand, Reinhold, found on irregular parcels. NY, 1989: 84 -85. 34 PUI Deteriorated/ 33030 (c) N.A. Not evaluated for Layer 1, but is evaluated as Layer 2. N.A. This cannot be evaluated at a parcel level as public infrastructure is Absent Public not attached to individual parcels. Infrastructure: Street, Curb, Gutter, Sidewalk, Utility (specify which) $nl 02/09/07 Z: \OOUFI FC AELD WORK \FIELDWORKGUIDELINES GENE RALPOSTSB1206.DOC Z: \OOUFI FORMS \FIELD WORK\ FIELDWORKGUIDELINES _GENERALPOSTSB1206.DOC 5 rpl 02/09/07 CCRL EXPLANATION OF RATINGS REFERENCE # CODE BLIGHT INDICATOR § 33031 SUBHEADING DESCRIPTION VALUES ASSUMPTIONS SOURCES 35 R Roofs (a)(1) Deterioration See Threshold Photograph - no explanation required. 10 Damaged roofs are a health and safety issue. Roofs offer California Building protection against the elements, and when damaged, structures Code 102 run the risk of internal water damage which weakens the integrity of the structure. in the most severe cases, roof damage can lead to its collapse, rendering, the structure uninhabitable. However, at the threshold level, there typically is no immediate danger of roofs collapsing nor immediate life endangerment. Thus, an even higher rating is not warranted.: 36 SCF Security Fencing (b)(7) Crime No explanation required 2 Security fencing is often indicative of perceived crime in the area. However, sometimes it exists to keep people out of an area regardless of the actual crime in the area. Since security fencing is not indisputable prove of crime, this category gets a slightly lower rating assumption than categories with actual crime. 37 SD Substandard Design (a)(2) Substandard Substandard Design, as opposed to Low Quality 5 As per the description of this category, structures with substandard Uniform Housing (structure) Design Design assumes the potential for health & safety, design have potential for health & safety issues as well as being Code Ch. 10 issues. In doing so, economic disinvestment occurs. examples of economic disinvestment. Such structures, especially A good example of this category is Quonset huts. older ones, may have been built to code when first constructed but are not compliant with current codes. 38 UM Unreinforced (a)(1) Vulnerable Older brick buildings with cracks as evidence of 10 Unreinforced masonry is a health & safety issue as well as Unreinforced Masonry (a)(2) to serious insufficient reinforcement from earthquakes. It is economic disinvestment. However, verification of these buildings Masonry Building seismic possible that these structures will fall during the next being unreinforced requires consultation with city staff, a task Law SB 547 damage, earthquake. conducted after the field survey. Since these structures, during the California Codes Substandard field survey are not verified, it can only be rated as an economic Government Code Buildings disinvestment. Sections 8875 - 8875.95 39 UST Unsafe Stairways or (a)(1) Deteriorated Unsafe stairways or walkways are deteriorated (often 5 This category is a health & safety issue & a case of economic California Building Walkways evidenced by broken steps, unevenness, etc.), disinvestment. Unsafe stairways or walkways limit access to Code 102, 1003.3.3. missing handrails, have no traction on the surface structures & are dangerous to walk on. This category does not (creating the danger of being slippery when wet), or receive a higher category because the threshold is less than life have obstacles limiting access to their safe usage. threatening. 40 WP Weather Protection, (a)(1) Deterioration Holes in plaster, stucco or wood at least as large as 5 This category shows economic disinvestment since repairs California Building holes in plaster/ shown in the threshold photograph. (sometimes fairly expensive) are required for the structure. Code 1402 stucco /wood Additionally, this category has some health & safety issues associated to it (i.e. moisture can get inside of the walls causing dry rot, fungus, etc.). Z: \OOUFI FORMS \FIELD WORK\ FIELDWORKGUIDELINES _GENERALPOSTSB1206.DOC 5 rpl 02/09/07 THIS PAGE INTENTIONALLY LEFT BLANK ATTACHMENT TO BLIGHT INDICATOR CODES New Method 1. Every parcel within 300 feet of a "20 pointer" gets an External Obsolescence indicators = a. within 100 feet ........... 7 points' b. 100 — 200 feet ...........5 points` c. 200 — 300 feet ...........3 points' 2. Every parcel that gets an ICLU is processed the same as (1) above. ICLU indicators on one parcel only — the offender 3. UFI to call City and see if the following are violations: IV all (S) items 4. Research all ICLU 5. Research all IP * Does not add to blight points for the EO's Z WOUFI FORMS\ FIELD WORK \FIELDWORKG UI DELI NES_GENERALPOSTS81206.DOC rpl 02 /09/07 THIS PAGE INTENTIONALLY LEFT BLANK APPENDIX B MINIMUM THRESHOLD PHOTOGRAPHIC SAMPLES THIS PAGE INTENTIONALLY LEFT BLANK L Blight Indicators: "Minimum Threshold Standards" Catalog AB — Adult Business (pornography, liquor store, bar) DSCO0435.JPG AEH — Apparent Electrical Hazards DSC00037.JPG AEH — Apparent Electrical Hazards DSC00024.JPG ANPA —Addition Not Permitted (Room Addition /Alteration, etc.) DSCO0510.JPG ANPA — Addition Not Permitted (Room Addition /Alteration, etc.) DSCO0383.JPG ANPB — Patio Cover (or other minor construction) Not Permitted Page 1 DSCOOOIO.JPG Blight Indicators: "Minimum Threshold Standards" Catalog AS — Appurtenant Structures DSC00016.JPG BAR — Bars on Doors/Windows DSC00004.JPG BAR— Bars on Doors/Windows DSC00061.JPG BAR — Bars on Doors/Windows DSC00593e.JPG BO — Boarded Occupied DSC00371.JPG Page 2 BO — Boarded Occupied DSC00005.JPG Blight Indicators: "Minimum Threshold Standards" Catalog BU — Boarded Unoccupied DSC00004.JPG EW — Excessive Exterior Wiring (Not Necessarily Electrical) DSC00071.JPG EW — Excessive Exterior Wiring (Not Necessarily Electrical) DSC00485.JPG FBW — Fence/Block Wall /Other Outdoor Wall Structures DSC00006.JPG FCM — Faulty Construction Materials Dsc00061 a.JPG Page 3 FEN — Fenestration - Windows, Screens, Doors DSC00045.JPG Blight Indicators: "Minimum Threshold Standards" Catalog FH — Fire Hazards (Structures or Sever Site Issues) DSC00424a.JPG FME — Deteriorated Fixtures /Mechanical Equipment /HVAC DSC00061.JPG FO — Functional Obsolescence DSC00321.JPG G —Graffiti DSC00225.JPG GC — Garage Conversion Not Permitted DSC00062.JPG IE — Poor Ingress /Egress (Including Emergence Vehicle Access) DSC00302_a.JPG Page 4 Blight Indicators: "Minimum Threshold Standards" Catalog IEX — Inadequate or Impaired Access to Building Exits DSC00076.JPG ILD — Inadequate Loading /Docking Facilities Dsc00069_a.JPG ILD — Inadequate Loading /Docking Facilities DSC00455_02.JPG r00000 1 IV — Inoperable Vehicles /Inadequate Vehicle Storage DSC00025.JPG IV — Inoperable Vehicles /Inadequate Vehicle Storage DSC00049.JPG LDQ — Structure Lacks Design Quality as Related to Marshall and Swifts DSC00053.JPG Page 5 Blight Indicators: "Minimum Threshold Standards" Catalog LSA — Lack of Site Amenities /Landscaping DSC00004.JPG OV — Overgrown /Hazardous Vegetation DSC00015.JPG P — Paint - Related Issues DSC00007.JPG _. a&li P — Paint - Related Issues DSC00126.JPG PD — Apparent Drainage Issues DSC00372.JPG Page 6 PDL — Presence of Payday Lenders or Pawn Shops DSC00520a.JPG Blight Indicators: "Minimum Threshold Standards" Catalog PHS — Potential Hazardous Substances DSC00447.JPG PQ — Poor Construction Quality /Corrugated Steel /Building Type DSC00534e.JPG PRI — Deteriorated /Absent Private Infrastructure DSC00050.JPG PRI — Deteriorated /Absent Private Infrastructure DSC00073.JPG PLS — Poor Site Layout DSC00059.JPG Page 7 R — Roofs DSC00324.JPG Blight I "Minimum T Standards" C k. ko A DSCn05 le JPG SCF -ScuWty Fencing Dsn033JPG SO - Substandard Design Ds 0 25 _0 JPG © + , . � . � 6 ablis Pw ,*j 9--mw � 3 UST - Unsafe Stairways orWalkways OSCO 02JPG UST - Unsafe Stairways or Walkways DSCO 0 6 ■JPG lik VI- Ventilation anaIllumination (Lack of Openings) DSCO 424hJPG Page 8 Blight Indicators: "Minimum Threshold Standards" Catalog VL — Vacant Lots DSC00280.JPG Page 9 WP —Weather Protection, Holes in Plaster /Stucco /Wood DSC00013.JPG THIS PAGE INTENTIONALLY LEFT BLANK APPENDIX C BLIGHT THRESHOLD LOCATIONS BY PARCEL THIS PAGE INTENTIONALLY LEFT BLANK Indicator No A A I F I ( ' I I 1 I I I I I I I I I I I AEH ANPA NP SS AS W CM FEN FH FE FND EX LD I I UM UST WP IMPACT PARCE I BU I PSL PUI R SCF SD I ACT ( BLIGHT POINTS 500036040 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0! 5 504002111 0 0 0 0 0 0 0 0 0 0 0 0 0 0: 0 0 0 0 0 0 l 0 0 0 0 0 0 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0 0 0 0 0 0 0 0 0 0 5 506002015 0 0 0 0 0 0 '' 0 0` 0 0 0' 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0` 0 0 0` 0 0 -1 506002016 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 7 506002017 , 0 0 0 0 0 0 0 0 0 0 0 0 0 0< 0 0 0 0 10 0 0 0 0 0 0 0 '` 0 0 5 0 0 0` 0 0 10' 0, 0 0 0 0 0 506002018 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 7 506002019 ; 0 0 0` 0 0 0 0 0' 0 0 0 0 2 0 0 0 0[ 0 0 0 0 0 0 0 0 0 0 0 5 0 5 5 0 0 0: 0 0 0 0 5 0 506002020 0 0 0 0 0 0 0 0 0 20 0 0 2 0 0 10 0 0 0 0 0 0 0 0 0 0 0 0 5 0 0 0 0 0 10 0 0 0 0 5 0 506002021 0 10 0: 0' 0 0 0 0 0 0 0 0 0 0 0 0 0 0 '; 0 0 0; 0 0 0` 0 0 0 0 0 0` 0 0 0 c 0 0 0 0 0 0 0 0 7 506002022 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 0 0 0 0 0 0 0 0 10 0 0 0 0 0 7 506002023 ( 0 0 0 d 0 0 0 0': 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 7 506002024 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 3 506002025 0 0 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ER AV �+ =RMA� -ACCESS GEGRGE-RD T T Z Z av LEGEND �1 City Boundary N Freeways Southern Pacific Railroads Moorpark Redevelopment Project Area (1,217 Acres *) CCRL Section 33031(x)(1) Physical Conditions Construction Vulnerable to Serious Damage ** (122 Parcels) *Acreage is approximate. ** Conditions specific to construction that is vulnerable to serious damage are identified as Nos. 2, 3, 4, 10, 12, 16, 22, 38, and 39 in Appendix A. N 1,000 500 0 Feet 1,000 Moorpark Redevelopment Agency AMENDMENT NO. 2 TO THE REDEVELOPMENT PLAN FOR THE MOORPARK REDEVELOPMENT PROJECT APPENDIX D -2 PROJECT AREA CONSTRUCTION VULNERABLE TO SERIOUS DAMAGE [ CCRL 33031(a)(1) ] i1lFIR ■ /t / ■tsr� ' �� '►♦��♦ i ! t♦ / /I� ♦ t/ t r LI • � �� ��� �� C TAi" W­jj, A! ! ♦♦♦ *!!� a ,�� •itj Ijl�j /1�� � 11� `�� .. ��`rrr■ ■n��� �; - ,-�- ,, „ . i � � . ♦ ♦ ��t% �� ill ♦+ : �:: c :: ,-�� �- ��I a ♦� ��/f♦f►l ,��lf�� ��, - °c .� • -. ♦�M Prepared 1�� = -D ►�• �� URBAN Source: Urban Futures, Inc. Base Map Source: �! . • ' iii ♦ li�� �� ����rriiii� 11111 :1111 1ll�i r �t ll : ♦ �� �t ��!! Dili ��i FUTURES Date: 1 �fii� 1ltt �i! D D - p . �rrrrrrr L11rtt �l 1� ` i ������ ♦ �� File: INCORPORATED ,:. � `'•, :: ..':,- ' • 111 ♦�` I�� � /i /lt������ i r � �a i� a r rr � s ����� � ��`� 5����'�11 r ►���� _ : v .; �, .::> , - � =1111 �1i �� ��� �� `�� ! • �r ■ ■■ : _ _.... _ ■� :� l�rr1� �► a� �� �r,� �r►�+ � ��� �!' ° �� e :. ,:� "-. _ ` rNt►►►1 I_ o l�j� �+�► -- r■r ■■ � .. �iifr��i ski �i♦ � �fi1 � �����.♦ s . . ..�' _.... �� .: = °; �: '. r_ tl►ltnnt►111�� _, ��ir..��1_� —����••��! •�' --- - - - -'. .. ■.......,...�111��! ., �i�..._..� =!�.�i_l _ _s...i�a�/_'..�►.i��� _..a�����_` _. . ' �I GEORGE-RD v� D LEGEND City Boundary 0 N Freeways Eo��s�o� a� U nc� Southern Pacific Railroads o� w Moorpark Redevelopment Project Area ( 1,217 Acres*) CCRL Section 33031(a)(1) Physical Conditions ** Ll T. Parcels in Project Area = 520 Q (Total Parcels in Project Area = 1,589) o FtEED�EY- T *Acreage is approximate. '' ** Buildings in which it is unsafe or unhealthy for persons to live i 1 w�a" "st N j o—`— CAM PUS PARk_DR or work. These conditions may be caused by serious building ? �o RD— code violations, serious dilapidation and deterioration caused r•- vv/ m }�RSr "sr► -`� by long -term neglect, construction that is vulnerable to serious D z�rrb damage from seismic or geologic hazards, and faulty or m a HARTFORD -ST �a inadequate water or sewer utilities. �'�' j�aa�saa�sa�aaa�aaa� ■■ T� 182FVV �•.. 1 • n 11/1 f� 1; -�: ; -.►� 1�� N.,,° *�!�'' ,• rlff■�I�■f� 1fii �',yy' • .. � �� r7'T rte. T'P TlT TT, TTT.Tr �� yy/'�� . ��,■ iiiii . a� • • - • r: 1,000 500 1 1,000 on tin i OVA Feet a Now Bin SPRING ST Moorpark Redevelopment Agency .. D • • �� . • j � • ` i � i 23 = ��� • �� .� ter _ - -- - ! - -1011111 5 i / , p p 11 /i tf • AMENDMENT THE REDEVELOPMENT PLAN FOR THE MOORPARK REDEVELOPMENT PROJECT . ffffff ♦j���l�j�1111/111/ 23 APPENDIX ► PROJECT AREA PHYSICAL CONDITIONS MAP i �' ` ���� ���fl 111= �� „ . ■n �.�� �, �..:� .. r s.•� I= — = __ �•r•�t �I► i.. �,. .. 11111l;r =�I J 1a 11 il� s ,`,� , I�'�+r► r_ ... • ,�` � `� � ��► w+.. � \ 111 - . • - uia �� `r 1111�1 / /Illlfl►� �� *t1'�•� I .air rr _ — ♦ ♦ ♦ ♦ \ a� `,tit ,`+ •C `� � � i- �► �� �`�� u � �� � a-�r�� •r iillii��i� � - . ' • �� �� �t .,, �• - -- -- r ,��111I1j � � // = a•a as as � - - - . 1�� ��������; � � �► ll .± - +► ♦ / � ♦ � ,/ � a Ili . .... _ _ � s � •' �% ♦ ll l! ` ♦ x1111# - • �1�: {t� ��Is � � `� � r Ill fj'� � r 111 C : C a• O..0 : D : �.. • �♦ ,�� ,1�' `, . / ►►1� Il /�j��llllf� /j i ���rt��� �i ��/111/ Ii1��/ �� � '�} . . . . s f j.s � � ♦ 1 , Prepared By: Urban Futures, Inc. URBAN Source- Urban Futures, Inc. Base Map Source: • �� 1 ♦ �i� ��� _ ,�� ��.. •.� �� ���- 1 11111 ��t i ����> >� Vii♦• ��1 1 ♦i ♦,, 1� ,. is X11 t // �.: = , �� • .� �� „�►1 D ! a �/��•1• •� t� ��� �� . � < /� �►.. _ x•1/1111• � - � t � I t� � ♦ ♦ • • �1�i �i�� �l I � .. 1- 1► ` � �►1� � ��D �� D - : 11111 .1111 1 /�..� ....�IIIfu lll` ♦ ••••� � �� a�. I�i� ♦i City of Moorpark FUTURES Date: 08/16/07 o . . . mum INCORPORATED ` � - - ° � � ♦�► �I � ■flfN��►�� �■ 0012, �a a a as ar a a a•r ars �, ��1��; � t ` �` 11 • � � o . .: � - .1�i�� �� ��� � � � . �1 • as as ., a a. as � � o � � •' , ,. _ _ . �`��!f�n..Hl���� /� �, �1�r�i: �� � /1/ a � , , _ _ a as .r ���i111� �►s L� �� ti�� +L�lt� L.� • � - � _ _�� � . e � .� APPENDIX E SERIES MAPS SHOWING CONDITIONS THAT PREVENT OR HINDER USE OF BUILDINGS OR LOTS THIS PAGE INTENTIONALLY LEFT BLANK IZO CO C� '��tjt�tf ♦�1� l�li•t � t<� =vo GEORGE-RD v LEGEND City Boundary Z N Freeways /x/ Southern Pacific Railroads Moorpark Redevelopment Project Area (1,217 Acres *) W CCRL Section 33031(x)(2) Physical Conditions 9 0 Substandard, Defective or Obsolete Design ** (218 Parcels) 2 n� P-qn-ST *Acreage is approximate. �. ** Conditions specific to substandard, defective or obsolete design o-` -"CAMP us Ak oR are identified as Nos. 3, 4, 13, 17, 19, 21, 23, 33, and 37 in IJ ST/1NF- ORD_ST Appendix A. LL! Lam? N II i 3 # •�' ',` FAIRWEATHER XING.- r-- --°-d- HIGA�ST � ` P INDEX ER AVM_ _ I U DOROTHY AV L � p 6L �� � a Q Y �S , e..�FreH.ST os\M�R� 1,000 500 0 1,000 co � �cw ca � w ����o RUTEi:AV Q F,U',JI O � p I® I 3 �RD_ST � FL'INN:AV tv � E�EO � 0( Feet ST D ST , ;TZ'S 0 I( SARAH V �*� L'ASSEN AV Q� SUSAN AV =Z' ER CT a cn z w-�a ROBA a3 SPRING °ST ZYrCT -�._ s [—� �a= FcTNCn-ev F) Moorpark Redevelopment Agency ��I��� �� +�t'11 %, ,,r /f�j� ���I.�� �. a �r . _. ;11� tif�t: o ,11!� j�t1 ♦�� URBAN :� -• - .•Source: City of Moorpark i� �I art, � o ` It � � ����� ��,.. �.,� r {l �� �s � i '�►�� �� �//1' �_____ _ • . tj S / +� ,; I tttt�� f �� ~, �i •' p � f��� 11[11 1111 1�1.... = alll��� �l� ` � `tttt � t � ♦ ♦ FUTURES Date: 08/16/07 File: MP PA 33031a2 SD.mxd INCORPORATED ,.:.,,. ,- � ,. �•rllll ►rr ♦mow � � . �. �: - ..... a ..... a�: ��1i � � � - ,t• .. .� ' •; •�� �1l/ ������� 1►� +� � ♦ ����i� a _ o i..1. r. ��l�1■� s► ♦� � �� � `� - • tr . �1, � e' = IIIIIi ;i „ !1111! • . . • TO THE REDEVELOPMENT PLAN FOR THE MOORPARK REDEVELOPMENT PROJECT APPENDIX E-1 .� � •mil SUBSTANDARD, OBSOLETE DESIGN [ CCRL 33031(a)(2) :.1.11:_. _�► man � -- -- ` ; ��f;� ": ' :'1.�. �. `�%' �. ��I��� �� +�t'11 %, ,,r /f�j� ���I.�� �. a �r . _. ;11� tif�t: o ,11!� j�t1 ♦�� URBAN :� -• - .•Source: City of Moorpark i� �I art, � o ` It � � ����� ��,.. �.,� r {l �� �s � i '�►�� �� �//1' �_____ _ • . tj S / +� ,; I tttt�� f �� ~, �i •' p � f��� 11[11 1111 1�1.... = alll��� �l� ` � `tttt � t � ♦ ♦ FUTURES Date: 08/16/07 File: MP PA 33031a2 SD.mxd INCORPORATED ,.:.,,. ,- � ,. �•rllll ►rr ♦mow � � . �. �: - ..... a ..... a�: ��1i � � � - ,t• .. .� ' •; •�� �1l/ ������� 1►� +� � ♦ ����i� a _ o i..1. r. ��l�1■� s► ♦� � �� � `� - • tr . �1, � e' Q? v 2 w "CUP - LEGEND ° - - City Boundary Freeways Southern Pacific Railroads � � � ■ S � ♦ ♦ 1 11 /��ItIt1i11� ������ 1 1i / %�A� Z3 ��tII �,�I; • ! ■s + ��� lili #�i�,11111111 ►�� t� Moorpark Re• - - • • • - Area � ���1���� ��� ♦��11I%"'"�� ����III♦ ��� ♦I • ,", ��t - = � � � i , • ♦ ♦ . ICl// ►�� ; . 1 %�: — --- — / /l /� Substandard, '1141' (406 Parcels) �,�tttttti ' ;'�� ��� /�fl� `���tl �� 's i ►� ► MIN _ . • - . • • • - u nlrmir,iConditions • - • substandard, defective • obsolete r ► � ill!'MUN i `► _f ♦ l �1h� �s �jllE•I ti�•� r ��,l�l���■ ■fff■ " rf■f■ .,�„r,; construction are identified as Nos. ������� �= .. , i� ��t I�j� j��1 �tllj 11�t f: � ��r f � �:���ii�f■f ■r ■rq/� . • -' f, ,....,, 0 • 0 0 r ■r st ♦ r i1 y loot ..�/ II 1 1111 ' i �i �' �, . • • �,.�.�' t ' l�lll 1 �— • �tt►���! 1111 1 "" �'"''. ------ --+■■, {�■. !/ ",y,. yam'., .��_._. r fffffs ! •t ■r� ■'• -• t 000 500 0 1,000 1 : f■■ ■ Names Feet Moorpark Redevelopment Agency ■t � a - • !f w a z -- W W_ �.• <p AMENDMENT NO. 2 TO THE REDEVELOPMENT PLAN FOR rrI cT_ gKRO THE MOORPARK REDEVELOPMENT PROJECT M 0 Sov�F9 APPENDIX E -2 STgGFCOAC PROJECT AREA �F SUBSTANDARD, DEFECTIVE OR OBSOLETE p BO�GHTS-ST �`.. CONSTRUCTION [ CCRL 33031(a)(2) ] RT.ON'RD > -VISTA LEVPiNA DR U�� Ilil�llll� � �� �� `�' • t�� .ICJ i' • i _� .•_ '_ _ a a wa1r . 'I ° ,��1�� ►�� ,Qrt,I1� Q►+ l -... �i i �' , / • - . 1��� ��•1 : o </1 !• t1� BATI Prepared : Urban Futures, Inc. • • Urban Base Map Source- ,. t1►/ ��i �.—. — 1�� ■f ■ .r . 11111 .1111 ItL.l� ..LI1Mj/ I ilk t •��i City of Moorpark FUTURES Date: 08/16/07 File: MP_PA_33031a2_SC.mxd - ° ♦ �► I� ��1f �t �■ . a•r as♦a a w•r w. mill lz s jit11 z�D .9 .9 Z 0 Z LEGEND City Boundary N Freeways /x/ Southern Pacific Railroads Cam; Moorpark Redevelopment Project Area (1,217 Acres *) CCRL Section 33031(x)(2) Physical Conditions ** Parcels in Project Area = 406 (Total Parcels in Project Area = 1,589) *Acreage is approximate. ** DR Conditions that prevent or substantially hinder the viable use or capacity of buildings or lots. These conditions may be caused by buildings of substandard, defective, or obsolete design or construction given the present general plan, zoning, or other R�D development standards. All .,1 ..111 1/ 1111 1 ■� 1� rt= vyL +-yia_ia� — `rr._rrr-■r _.i__' —'w� ir1 flow 4P rd 0 11 111 11 1 111 ■ full • • ■ �� in ■■ hlNl 0 1 ! ■ ■! /t - 2114 i . • man 0 ' � Mllllr �. �' - . fit■ �■ • on MINIS son �■ ■ in . ■ ■ ■� ■■ �ru�rHll !1 r td j tu� 1 o J� Hlri` I litlH lr�� If ill p 'r ,, i /IAA . . , • • WIN OEM ON Am MAIMS • Ililfllljl .t11HIHH :" ir�iiii • �:�ll 11.. • r� • ,,� .. 11 �� "' ii 1* ♦� 1 71 �C 'fir 1 Ii11 VIII 11_ _ ♦ - tj � ��• ,� „� .. _. _— :— ' D � ' • - 1//111 � � ..� � ' /'�`�i � � � ,=~= �►7�'� /.. ~ � � � -- —= == 11111 #;; =�� , i �l111 t■ ■ /t�. �'R '� �� �� �j :-! So c = =;;: � s � � �� :: � • - . . - fltlll� .. I// . � Illil�■ ■ ■It ■!!�� � ,t'►1 ♦r RIMM IM1 /I�j AF As ONO- �.� �� ,. l ♦,��I/I�l,� ���f, �,•� .'fir, � , r11111 1/1 � -� :::: �: �: � ' • i "'�i � � �, • • • 1 t . �ii� ♦.. — ► ����iiii� •� ' X11 l � : , ��il����1 �' `,,�� ��i i � �� ♦t 11111 1111 Itl.... ► �I� ` ♦ Ilk - e %� , �� ■fit ■��i� �' -r �� R �1 �� 1 "��f �`��� �� /�1� • RAN .., ,: ;, += - � HII►1 � o I�j�t ����► --- ,• : �■■�■ ' 1 ■111// ../ ��ur ►�i i�i� �i���� ���� ����i► ,i 1i /Nlillt «,11.. �l �tt�ttt�l�� ����► i �' r■■■r■r ��11 EMI :>:�i11 '�� j �i �i , 1��r���� �r►'�' f i 's� - �X 1tt111t11111��11i C /11! ��, �����, +t �t�� qtr■■■■ : , / �� '���� f���n��,������� i ''�l ■sI �11� 1111111 /t1 111/111/ � -- — �` -♦!'.� - . �,.�!tU��� �•,� +�� �/�� ♦ �I/1111��� ♦t APPENDIX F SERIES EXISTENCE OF SUBDIVIDED LOTS IN MULTIPLE OWNERSHIP WHOSE PHYSICAL DEVELOPMENT HAS BEEN IMPAIRED GIVEN PRESENT CONDITIONS THIS PAGE INTENTIONALLY LEFT BLANK "RW- �-"'G X11 F , . LEGEND City Boundary Southern Pacific Railroads 23 �� I � ♦ ■ -I � �♦ �i��t ► ►I�r z MoorparkI� ♦ A'� ��'� ►1►I ♦ �♦ Its jj s� � �♦j �ls� � � ,ter � • _ ��� ►�. tr //I � (Total Parcels in Project Area 1,589) Irregular Parcels (67 Parcels) gis *Acreage is approximate. �� 1,11111 I � �l1'% : ��jj����;1�♦ r�is �jlf � �� � � t � ' ♦ � ♦f ��1;,�� t♦ •�` = , 1111111 tt■. + ,~ �1i t /• ��� � � ♦ ��� : ont tttt ►_:, � � rnn etnt + utrr ��i��' � s !li1111 / � l � I ��� � ♦ ��., ► - 3 nrratuu ntr ut•mmu �����s : .. �� •� � ll j�� ♦ �ll���i • � /�/► ► • � , �flilii /i tii�i u • . • �..� � ;� � = '� llj�hi�1 lt�� l�� 1/� � • •��i�iii�ittn��i� . r, _u,.,, ti . � tt■tts 0 118 • D . 1!111 11111111 ' 11111 ■ ■ - � . • • ' /�� � ...I' 1111 1111:1 l�l�llf 1 ;; ���� t • �,,, -�.�ri 'jam 1111 11� 11111�1�1/1■ ����� �"* �■ ■i�� ' .��� 111 111 :� .. -. '�� 1,000 0 0 0 1,000 Feet ° i ■iii ' jiiiii - � . f1 _ . � '� ■R •ii : .. • �i � iii tun! I�lfll� ► ' : iiii■ ■•ii Wn ■ '� 0 ,. : •>t•NOW illy �•. .. logo son a SPRING ST'-1 Moorpark Redevelopment Agency � : r■luuc >. ■ C - .. �l1ii iii - ' .. � � � � � �r�• ■ill � - ° ■� t / /lllril i ,� � .III III i -_ - . 23 �� • • - �� � � .� /III //! � t ♦ �'. 118 _ ■���-• J �� �tltltlt!!It II� `itiwr tirlirirrr�rldrw� ��r•■ - _ __ ____ _ _._:_. -- :: ■ = �Ilnulgl = - 1 � � � f ' II/ 111. o ° � ` `• .u""iet� Ittitlttll � - .uunmi = �:. ; �rril� AMENDMENT • 2 TO THE REDEVELOPMENT PLAN FOR THE MOORPARK • PROJECTI •� �� - � itl Ilea r ' � ... , • . PPENDIX F-1 PROJECT AREA MAP OF IRREGULAR PARCELS �► ,� `i �� �- � = —� sue` : � � � �.► ♦ � " + : // � 11 /111t iiiitri ►i t t ����� � � : �_ � C_ C �i� �� � *4� ♦�� / / ►� � �VI/ aia as :. �a ar �� i1N!!!lt11I � � ` ♦, tt, �j� �� ♦,1�,�,, �-' ' 11!/ � ���,'IN�II�j�� � 1♦��'►�� ►t` � si .ia .a �u � N- �, � ..� �.. It '� • ��t��111 i. al 1 ,� � ♦♦ , ��� Lo Prepared By: Urban Futures, Inc. URBAN Source: Urban Fut ures, Inc. Base Map Source iii • •, �.. "- i ii6,162, .� - 11111 -1 /il lii.:� : ■G :� ICI . D ijl .��► ♦ . .. ,►` . FUTURES City of Moorpark Date: 07/23/07 File: MP `::.;•;, :: `•' .. `` � i �•11�� ������ v � �,` �,�i.,. � l���iti! � • ai ii ., i ■aii ii ��if�1� ��� I�i � � �1� � �� _•�' • �* `��� '�, moll • 1.1111I� ► /tttt►�i •♦� ♦jai► 1� �i ♦# �, �I_s>, ... , - .'.: is - �., iN�� %�il���,�1i�..r ���llt.�`�♦ .��`���:►ti . .,, • ........ � ��II ■■■■� ■ /tt/■■■■��■r■ ! ��1�■<,.��i :�'a�i_ I� _ ..���1�����r��t�f �it��t�,� '�.. _ , • � �� v GEO . GE-RD v v LEGEND Z City Boundary �. Z N Freeways ----------------- o ��,� _Southern Pacific Railroads by W Z" Moorpark Redevelopment Project Area (1,217 Acres *) 3 o� Q z ** m a CCRL Section 33031(a)(4) Physical Conditions o" = 1 w 9L S A ROQF< �G �v � Parcels in Project Area (56) o r Z, 40 ro`9 G�ti �� (Total Number of Parcels in Project Area = 1,589) EEDLEY•gT ►- Q *Acreage is approximate. 1 �N ST A - -- - - PA 1 Z N gWIFS R N J� o CA -PUS RK, DR ** The existence of subdivided lots that are in multiple ownership j y m o q �� STANFiDRD_ST and whose physical development has been impaired by their M�FRSTST �� irregular shapes and inadequate sizes, given present general Y °zZ plan and zoning standards and present market conditions. Y D Z %� �O gip. t m F3ART.FORD -ST 5a aiv� no 2 i Pte: O v,�J�G � z RINCETONrON 118 EB RPJJI DA. - -ENE:L=N -..... a CANDOR:DR • i r ELW..I N:LN CASEY-RD EVERE.T.T_ST � 4A1L:1U'E1Y!'JA1 L ���' / �Z _ST Q LLJ D,p COL.^ D CHARLES ST T , c9 PvErll Z � FAIRWEATHER xING Z p P�JIN DEXTER Avr,_,_ _ > DOROTH.Y_AV' 11 rf.r -RN PAOIF�C RR Q mm1 ST�S�fT� I :eH.ST �--- 1,000 500 0 1,000 Y WMEJ f4 �OV1 n w Q z RUTH "A\ % > OVOS \M \R Q �� �yFt gT Feet Moorpark Redevelopment Agency �w►.wy• _ _ 77s __ -- _-- -- —• - .E ��j.:.' aafa�au7r��i�i /lilEiiiinlli! % ►11�1♦� ="�� �, ■ � = t�f►IJ � � OWNS = aeni ■ AMENDMENT NO. 2 TO � ��IIIIII�I - .IIIt11111t = � 'r. � f�1111 � REDEVELOPMENT I /111111111 - t PLAN • Mill THE MOORPARK REDEVELOPMENT PROJECT 1 � :: � � adl liar = _ • APPENDIX AREA I. a: :__ - . - . �■ ♦1���` '�i �.'� .� � C � "•� ��' �� -;�. ;�� +/,� 1- I•r�r�- ■r iilli�i . � 1 11l�III/ � ■!i>fllli� ��• ,`�► `� :• ♦' 11 /I ��► `,� ,t�1ll��I ♦�I/ �i ;:� .m .�� �� t� - D �n�l I1i11111111rJ f �`` ��l IN: PAZ,% I F, RE Prepared By: Urban Futures, Inc. 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X11 �I ..� ��-\ APPENDIX G APPENDICES DESCRIBING ECONOMIC BLIGHT THIS PAGE INTENTIONALLY LEFT BLANK APPENDIX G -1 LAND VALUATION TRENDS IN CITY OF MOORPARK AND SURROUNDING AREAS PROJECT AREA VS. SURROUNDING COMMUNITY JANUARY 2005 - MAY 2007 Single Family Detached /PUDs - All Sales Within Project Area Outside Project Area Differential Percentage Differential Averages Averages Averages Averages Land Lot Land Price Land Lot Land Price Land Lot Land Price Land Lot Land Price - $14.48 No. of No. of Year Sales Price Sq. Ft. Per Lot SF Sales Price Sq. Ft. Per Lot SF Price I Sq. Ft. Per Lot SF Price I Sq. Ft. Per Lot SF Single Family Detached /PUDs - All Sales 2005 47 $259,005 7,690 $37.10 404 $363,552 8,368 $51.58 - $104,547 -678 - $14.48 -28.8% -8.1% - 28.1% 2006 33 $236,351 7,141 $38.19 350 $308,263 15,239 $42.26 - $71,912 -8,098 -$4.07 -23.3% -53.1% -9.6% 1/07 -5/07 7 $259,211 6,907 $41.69 57 $313,453 8,618 $42.33 - $54,241 -1,711 -$0.64 -17.3% -19.8% -1.5% 2005 -2007 87 $251,522 7,246 $38.99 811 $328,423 10,742 $45.39 - $76,900 -3,495 -$6.40 - 23.4% - 32.5% -14.1% Single Family Detached /PUDs - Excluding Agency Sales Participation 2005 37 $276,461 8,591 $34.71 404 $363,552 8,368 $51.58 - $87,091 223 - $16.86 -24.0% 2.7% -32.7% 2006 31 $233,438 7,377 $35.44 350 $308,263 15,239 $42.26 - $74,825 -7,862 -$6.82 -24.3% -51.6% -16.1% 1/07 -5/07 6 $254,996 7,333 $37.75 57 $313,453 8,618 $42.33 - $58,456 -1,285 -$4.57 -18.6% - 14.9% -10.8% 2005-2007 74 $254,965 7,767 $35.97 811 $328,423 10,742 $45.39 - $73,458 -2,975 -$9.42 - 22.4% - 27.7% -20.8% Condominiums /Multi - Family 2005 22 $177,251 3,049 $58.05 49 $202,114 1,716 $121.21 - $24,863 1,333 - $63.16 -12.3% 77.7% -52.1% 2006 10 $161,768 3,049 $53.53 28 $186,614 1,727 $112.45 - $24,846 1,322 - $58.92 - 13.3% 76.6% -52.4% 1/07 -5/07 3 $172,663 3,049 $56.63 6 $171,401 1,597 $107.80 $1,262 1,452 - $51.17 0.7% 90.9% -47.5% 2004-5/07 45 $166,727 3,049 $54.78 117 $184,978 1,686 $112.49 - $18,252 1,363 - $57.71 -9.9% 80.9% -51.3% ' Outside the Project Area is defined as the surrounding community of the City of Moorpark. Source: Alfred Gobar Associates; First American Real Estate Solutions. Summary - City of Moorpark, CA 05 -07 Adj 9/6/2007 H U- 6 Cn O J w a w U_ Fe a a Z Q J $55.00 $50.00 $45.00 $40.00 $35.00 $30.00 APPENDIX G -2 SINGLE FAMILY DETACHED LAND VALUATION TRENDS PROJECT AREA AND SURROUNDING COMMUNITY 2005 mwm� Now= e0wo 0000 0000 0000 00000 00000 00000 00000 � 'Within Project Area - Excluding Agency Participation 2006 TIME PERIOD 2007 Within Project Area - All Sales - Outside Project Area H UL d Cn O J W a w U_ a D z a J $55 $50 $45 $40 $35 $30 $25 APPENDIX G -3 SINGLE FAMILY DETACHED LAND VALUATION TRENDS - BAR GRAPH PROJECT AREA AND SURROUNDING COMMUNITY 2005 ® Within Project Area Excluding Agency Participation ❑Within Project Area - All Sales ■Outside Project Area 2006 REFERENCE YEAR Source: First American Real Estate Solutions; Alfred Gobar Associates. 2007 $140.00 $120.00 L.L $100.00 U cn O J a $80.00 w U_ w a 0 z J $60.00 $40.00 $20.00 APPENDIX G -4 MULTI FAMILY ATTACHED LAND VALUATION TRENDS PROJECT AREA AND SURROUNDING COMMUNITY 2004 2005 2006 2007 TIME PERIOD —0 Within Project Area —*--Outside Project Area I $140 $120 U. Cj $100 Cn O J a $80 W _U w a. Q $60 J $20 APPENDIX G -5 MULTI FAMILY ATTACHED LAND VALUATION TRENDS PROJECT AREA AND SURROUNDING COMMUNITY ❑ Within Project Area ■ Outside Project Area 2004 2005 2006 2007 REFERENCE YEAR Source: First American Real Estate Solutions; Alfred Gobar Associates. APPENDIX G -6 CENSUS 2000 POVERTY LEVEL HOUSEHOLDS AND POPULATION PROJECT AREA MOORPARK,CA Project Area City of Moor ark Total Estimated Households (2000) 2,086 8,981 Total Estimated Residents (2000) 7,656 31,145 Estimated Residents /Household 3.67 3.47 Poverty and Households 54.6% 53.8% Share of Occupied Households: 3.6% 4.7% At Or Above Poverty Level 91.5% 95.2% Below The Poverty Level 8.5% 4.8% 100.0% 100.0% Family Structure Of Poverty Households Non - Family Households 2.0% 1.1% Family Households 6.5% 3.7% 8.5% 4.8% Indexed Against City 1.75 1.00 Single Parent Poverty Households 2.6% 1.5% Household Population And Ratio Of Income -To- Poverty Population Living At Indicated Poverty Ratio: Under 0.50 3.4% 2.7% 0.50 To 0.99 8.1% 4.3% 1.00 To 1.49 13.1% 5.9% 1.50 To 1.99 10.2% 5.6% 2.00 And Over 65.2% 81.5% 100.0% 100.0% Age Structure Of Poverty Population Share of Population Below Poverty 11.5% 7.0% Indexed Against City 1.65 1.00 Age Composition: 11 Years and Younger 24.1% 26.7% 12 To 17 Years 17.7% 14.7% 18 To 64 Years 54.6% 53.8% 65 Years and Older 3.6% 4.7% Source: U.S. Census; Alfred Gobar Associates. File', Moorpark Poverty Occupancy Existing Territory xls8 /16/2007 100% 90% 80% 70% Z O H Q 60% J a O 50% a. LL O LU 40% a 30% 20% 10% 0% APPENDIX G -7 HOUSEHOLD POPULATION AND POVERTY INCOME PROJECT AREA - MOORPARK CENSUS 2000 COMPARISON 0.50 To 0.99 1.00 To 1.49 1.50 To 1.99 2.00 And Over INCOME AS RATIO OF THE POVERTY LEVEL File: Moorpark Poverty Occupancy Existing Territory As 8/16/2007 APPENDIX G -8 CENSUS 2000 OVERCROWDED HOUSING CONDITIONS' PROJECT AREA MOORPARK, CA Project Area I City of Moorpark Total Estimated Households (2000) 2,086 8,981 Total Estimated Residents (2000) 7,656 31,145 Estimated Residents /Household 3.67 3.47 Tenure Of Occupied Households: 7.7% 3.2% Owner Occupied 62.4% 82.5% Renter Occupied 37.6% 17.5% Occupancy Of All Households: 0.50 or less occupants per room 41.6% 56.0% 0.51 to 1.00 occupants per room 37.0% 35.3% 1.01 to 1.50 occupants per room 7.0% 3.3% 1.51 to 2.00 occupants per room 7.7% 3.2% 2.01 or more occupants per room 6.7% 2.2% Over - Crowded Households 14.4% 5.4% Indexed Against City 2.66 1.00 Occupancy Of Owner - Occupied Households: 0.50 or less occupants per room 49.7% 60.6% 0.51 to 1.00 occupants per room 32.7% 33.3% 1.01 to 1.50 occupants per room 6.7% 2.6% 1.51 to 2.00 occupants per room 7.2% 2.4% 2.01 or more occupants per room 3.7% 1.0% Over - Crowded Owner Households 10.8% 3.5% Indexed Against City 3.14 1.00 Occupancy Of Renter - Occupied Households: 0.50 or less occupants per room 28.1% 34.2% 0.51 to 1.00 occupants per room 44.2% 44.6% 1.01 to 1.50 occupants per room 7.5% 6.7% 1.51 to 2.00 occupants per room 8.5% 6.6% 2.01 or more occupants per room 11.7% 8.0% Over - Crowded Renter Households 20.2% 14.6% Indexed Against City 1.39 1.00 Note: ' The Census recognizes overcrowding to exist whenever the number of individuals in a household exceeds 1.5 occupants per room. Source: U.S. Census; Alfred Gobar Associates, Urban Futures Incorporated File: Moorpark Poverty Occupancy Existing Territory .xls 8/16/2007 70% 60% 50% Cn D J O 2 W 40% Cn O UL O 30% W Q V1 20% 10% 0% APPENDIX G -9 HOUSEHOLD OCCUPANCY PROJECT AREA- MOORPARK, CA CENSUS 2000 COMPARISON 0.50 or less 0.51 to 1.00 1.01 to 1.50 1.51 or more OCCUPANTS PER ROOM File: Moorpark Poverty Occupancy Existing Territory As 8/16/2007 APPENDIX G -10 INCIDENCE OF POLICE RESPONSE - CITY OF MOORPARK FOR DEVELOPED AND VACANT NON - AGRICULTURAL LAND Note: I Estimate of existing land use based on aerial photography, GIS land use calculations - and Urban Futures Inc. data. 2 Incident rate of Police response call activity (calls per acre) based on computer tally counts from Calls For Service (CFS) dispatch and mapping system for the 2006 calendar period. City of Moorpark had 16,832 response calls for 2006. 3 Space that could be considered vacant in hillside regions may be re- designated to open space because of severe topographical restraints. Source: Alfred Gobar Associates; City of Moopark; State Dept. of Finance; Ventura County Sheriffs Dept. 3366 - Moorpak- Response Calls.xls 8/16/2007 Existing Non -Agric Distribution Calls Per Land Use Share Of Share Of Acre Of Land Use Classification Acreage' Acreage Response Land Use2 Residential 2,700 39.1% 68.6% 4.28 (Res. Dist.) (Res. Dist.) SFD V -Low (0.5 -2.9) 287 10.6% 4.0% 1.59 SFD Low (3.0 -4.9) 2,090 77.4% 76.8% 4.24 SFD Med (5.0 -8.0) 266 9.9% 17.1% 7.43 MFA Med (8.1 -14.9) 17 0.6% 0.6% 4.14 MFA High (15 -35 +) 30 1.1% 1.2% 4.62 Mobile Home Parks 9 0.3% 0.3% 3.66 Commercial - Retail 244 3.5% 15.7% 10.82 Commercial- Office /Prof Svcs 58 0.8% 2.0% 5.71 Industrial /Comm'I -Mfg 233 3.4% 4.1% 2.95 Institutional 446 6.5% 6.0% 2.26 Civic /Administrative - Educational - Hospital /Congregate /Etc. - Developed Open Space 191 2.8% 2.6% 2.26 Public Parks /Playgrounds /Etc. 12 Private Parks /Grounds - Golf Courses 179 Natural /Passive Open Space 594 8.6% 0.8% 0.23 Circ /Agric. /Drainage /Etc. 1,080 n.a. n.a. - Vacant/Undev. Properties ' 2,436 35.3% 0.3% 0.02 Land Use Totals: 7,981 100.0% 100.0% 2.11 Note: I Estimate of existing land use based on aerial photography, GIS land use calculations - and Urban Futures Inc. data. 2 Incident rate of Police response call activity (calls per acre) based on computer tally counts from Calls For Service (CFS) dispatch and mapping system for the 2006 calendar period. City of Moorpark had 16,832 response calls for 2006. 3 Space that could be considered vacant in hillside regions may be re- designated to open space because of severe topographical restraints. Source: Alfred Gobar Associates; City of Moopark; State Dept. of Finance; Ventura County Sheriffs Dept. 3366 - Moorpak- Response Calls.xls 8/16/2007 APPENDIX G -11 INCIDENT RATE OF POLICE PROTECTION SERVICE PROJECT AREA REPORTING DISTRICTS - MOORPARK Reference Area Land Use Activity City Based Demand Projection Incidence Of Acres Within Projected Calls /Acre Districts' Calls Agricultural 0.00 0.0 0 Single - Family 4.24 190.9 810 Mobile Home 7.43 0.3 2 Multi - Family Residential 4.14 55.3 229 Retail- Comm'I 10.82 190.8 2,064 Office- Comm'I 5.71 0.0 0 Industrial 2.95 92.0 271 Public 2.26 141.2 319 Quasi Public 2.26 7.3 17 Vacant/Right -of -Ways 0.02 340.4 8 Projected Service Requirements: 3.65 1,018 3,720 Actual Calls In Reference Area' Reporting Reference Area Total Calls Project Area 9,506 Actual Service Requirements: 9,506 Ratio of Actual Versus Projected Service Requirements: 2.55 :1.00 Note: ' Reporting Districts within the Project Area include 5100, 5101, 5103, 5106, 5107, 5109, 5116, 5141, 5142, 5145, 5146, 5170, 5182, and 5186. A portion of reporting districts 5102, 5104, 5108, and 5114 were included. Source: Ventura County Sheriffs Department; Alfred Gobar Associates. 3366 - Moorpak- Response Calls.xls 8/16/2007 3.50 3.25 3.00 2.75 w 2.50 J 2.25 J Q v 2.00 w Q 1.75 J W 1.50 1.25 1.00 0.75 0.50 APPENDIX G -12 PROJECTED VERSUS ACTUAL INCIDENT RATE OF PUBLIC SAFETY RESPONSE FOR MOORPARK PROJECT AREA Police - City Rate PUBLIC SAFETY RESPONSE CALLS Source: Ventura County Sheriffs Department, Alfred Gobar Associates. 3366 - Moorpak- Response Calls.xls Chart1 8/16/2007 Police - Actual Est. C/) 0 c CD D (n 0_ G) 0 v D Cn U) 0 v� co C v r v Q 5 c N O O 0 0 U) W CD 0 ZY 0 D CD U) ZY 0 m Ai CD CD v D E cc c(o v U) m 2 m c� z 0 7 X v Clothing- Accessories Shoes General Merchdse -Drug Specialty -Gift Stores Health- Personal Care Miscellaneous Retail Food & Grocery Full Svc Rest Ltd Svc Rest Snack & Beverage Furn -Appl -Elect Bldg Mat - Hardware Personal Services Consumer Services Repair -Maint Svcs Ent -Rec- Leisure Retail & Service NEC Automotive F -I -R -E Svcs Med -Prof Svcs Vacant Non - Retail O N O O 0 0 Mix of Tenants d7 CO O N O O O O O 4�- d') Cb O O O 0 0 0 I I I i i I 7M ■ j D M D r m Cn ■ C Cn m_ O 2 CO O O 0 X M D r X 0 O D X D Fn -0 0-0 Z z .6v - X X O L M OW X M n D fV O O 4 MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: Steven Kueny, Executive Director, Moorpark Redevelopment Agency By: David C. Moe 11, Redevelopment Manager pt-W,%C- DATE: July 18, 2007 (PC Meeting of 7/24/2007) SUBJECT: Consider the Conformity Report on Proposed Amendment No. 2 to the Redevelopment Plan for the Moorpark Redevelopment Project BACKGROUND The City Council and Moorpark Redevelopment Agency are preparing to consider Amendment No. 2 to the Redevelopment Plan, an amendment to reinstate eminent domain authority. A copy of the draft amendment is attached. Section 33453 of the California Community Redevelopment Law (CCRL)• requires that substantial changes to a redevelopment plan which affect the general plan must be submitted to the Planning Commission for its report and recommendation to the legislative body. DISCUSSION Proposed Amendment On July 5, 1989, the City Council of the City of Moorpark (the "City Council" and "City," respectively), by its Ordinance No. 110, adopted a Redevelopment Plan (the "Plan ") for the Moorpark Redevelopment Project (the "Project" or "Project Area," as appropriate). Concurrently, the City Council, by its Ordinance No. 111, also approved an amendment ( "Amendment No. 1 ") to the Plan to "re- enact" certain restrictions on the Agency's eminent domain authority subject to approval of the electors of the City. On July 19, 1989, the City Council, by its Resolution No. 89 -588, called for a special election to be held for the purpose of submitting Amendment No. 1 to the electorate for approval. A Special Municipal Election was held and conducted in the City on November 7, 1989, whereby the electorate approved the adoption of Ordinance No. 111, which was subsequently made effective by the City Council on December 6, 1989, by its Resolution No. 89 -623. ZA 00PInActive %Moorpark\0021StfRpt_PC Conformity_Report.doc dbm 621/06 Honorable Planning Commission July 24, 2007 Page 2 California Community Redevelopment Law (CCRL); California Health and Safety Code, Section 33000 et seq.) provides for redevelopment agencies to exercise the use of eminent domain in a redevelopment project for an initial period of up to twelve (12) years following the adoption of a redevelopment plan. The eminent domain authority originally codified in the Plan for the Project pursuant to Resolution No. 89 -623, expired on July 4, 2001. Therefore, as permitted under CCRL Section 33333.4(g)(2), the Agency has initiated an amendment ( "Amendment No. 2 ") to the Plan for the sole purpose of reinstating the Plan's eminent domain provision for possible use within the Project Area;' Amendment No. 2 makes no other changes to the Plan. As part of the process to prepare Amendment No. 2, a Project Area Committee (PAC) was established and has been operating pursuant to CCRL provisions and other applicable codes. Subsequent to its establishment, the PAC (consisting of seven elected members) has conducted seven meetings to discuss all aspects of Amendment No. 2, and in particular, it's potential impact. upon Project Area residents and their housing needs. During these meetings, the PAC has heard and considered testimony from members of the residential and business communities, as well as Agency /City staff, its advisors, and outside interests, including a representative from California Senator Tom McClintock's office. At its meeting on June 8, 2006, the PAC voted unanimously to recommend to the Agency /City Council that the eminent domain provisions of Ordinance No. 111 be reinstated within the Plan as an action of Amendment No. 2. Status of the General Plan CCRL Section 33302 requires that the community preparing a redevelopment plan (or as in this instance, amending an existing redevelopment plan) have a general plan which complies with the requirements set forth in the State of California Government Code, commencing with Section 65300 of Chapter 3 of Division 1 of Title 7 (herein referred to as "Article 5 "). The City's General Plan (the "General Plan ") contains all elements required by Article 5, and its housing element, required to be updated on a five year cycle (the current housing element cycle for jurisdictions within the Southern California Association of Governments (SCAG) has been extended to June 30, 2008, to correspond with SCAG's Regional Transportation Plan, as allowed per Chapter 696, Statutes of 2004 (AB 2158, Lowenthal)), was last updated in December 2001 and is, therefore, current. Effects of Amendment No. 2 upon the General Plan The possible future acquisition (including through the use of eminent domain), assembly, and disposition of real property by the Agency is not done under authority of the General Plan. However, implementation of these activities could help the Agency to help the City to realize certain goals, objections, and policies of the General Plan, particularly with respect to land use and development objectives and policies. If adopted, Amendment No. 2 would The Agency has not identified any specific parcels whereby this authority would be used. \Wlor_pri_serv\City Share \Community Development\MRAWmendment No. 2\Agenda Reports\070724 PC Amendment 2.doc . Honorable Planning Commission July 24, 2007 Page 3 change the Plan only with respect to the Agency's new time limit for the acquisition of real property by eminent domain, an activity not identified in the General Plan; therefore, adoption of Amendment No. 2 per se does not create a situation where the issue of conformity would be in question. Further,. Section 522 of the Plan_ provides that "all development within the Project Area shall be consistent within the General Plan ... as amended from time to time." Amendment No. 2 does not modify Section 522 of the Plan; therefore; the Plan will continue to be consistent with the General Plan, as required under CCRL Section 33331. ENVIRONMENTAL DETERMINATION In accordance with the City's environmental review procedures adopted by resolution, the Planning Director determines the level of review necessary for project to comply with the California Environmental Quality Act (CEQA). Some projects may be exempt from review based upon a specific category listed in CEQA. Other projects may be exempt under a general rule that environmental review is not necessary where it can be determined that there would be no possibility of significant effect upon the environment. A project which does not qualify for an exemption requires the preparation of an Initial Study to assess the level of potential environmental impacts. Based upon the results of an Initial Study, the Director may determine that a project will not have a significant effect upon the environment. In such a case, a Notice of Intent to Adopt a Negative Declaration or a Mitigated Negative Declaration is prepared. For many projects, a Negative Declaration or Mitigated Negative Declaration will prove to be sufficient environmental documentation. If the Director determines that a project has the potential for significant adverse impacts and adequate mitigation can not be readily identified, an Environmental Impact Report (EIR) is prepared. The Director has prepared or supervised the preparation of an' Initial Study to assess the potential significant impacts of this project. Based upon the Initial Study, the Director has determined that there is no substantial evidence that the project or any of its aspects may cause a significant effect on the environment and has prepared a Mitigated Negative Declaration (attached) for Planning Commission review and consideration. Section 15025(c) of the CEQA Guidelines provides that "where an advisory body such as a planning commission is required to make a recommendation on a project to the decision - making body, the advisory body shall also review and consider the mitigated negative declaration in draft or final form." In addition, Section 15074(a) of the CEQA Guidelines also provides that "any advisory body of a public agency making a recommendation to the decision - making body shall consider the proposed negative declaration or mitigated negative declaration before making its recommendation." A joint public hearing on Amendment No. 2 and the Mitigated Negative Declaration has been set by the City Clerk's office for September 19, 2007. Any comments on the draft Mitigated Negative Declaration received on or before the joint public hearing will be considered by the Agency and City Council prior to those bodies taking action on Amendment No. 2. Honorable Planning Commission July 24, 2007 Page 4 STAFF RECOMMENDATION Adopt Resolution No. PC -2007- finding that Amendment No. 2 to the Redevelopment Plan does not affect the General Plan, recommending to the City Council adoption of the Mitigated Negative Declaration, and recommending approval and adoption of Amendment No. 2 to the Redevelopment Plan. ATTACHMENTS: 1. Draft Amendment No. 2 2. Draft Initial Study and Mitigated Negative Declaration 3. Draft PC Resolution RESOLUTION NO. PC -2007- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, FINDING THAT AMENDMENT NO. 2 TO THE REDEVELOPMENT PLAN DOES NOT AFFECT THE CITY'S GENERAL PLAN, RECOMMENDING TO THE CITY COUNCIL ADOPTION OF A MITIGATED NEGATIVE DECLARATION FOR AMENDMENT NO. 2 TO THE REDEVELOPMENT PLAN, AND RECOMMENDING THAT THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK APPROVE, AND THE CITY COUNCIL ADOPT, AMENDMENT NO. 2 TO THE REDEVELOPMENT PLAN WHEREAS, by its Ordinance No. 110, dated July 5, 1989, the City Council of the City of Moorpark (the "City Council" and "City," respectively) adopted a Redevelopment Plan (the "Plan ") for the Moorpark Redevelopment Project (the "Project" or "Project Area," as appropriate) pursuant to procedures codified within the California Community Redevelopment Law ( "CCRL Health and Safety Code Section 33000 et seq.); and WHEREAS, on July 5, 1989, the City Council, by its Ordinance No. 111, approved an amendment ( "Amendment No. 1 ") to the Plan to "re- enact" certain restrictions on the Agency's eminent domain authority subject to approval of the electorate of the City; and WHEREAS, on July 19, 1989, the City Council, by its Resolution No 89 -588, called for a special election to be held, for the purpose of submitting Amendment no. 1 to the City's electorate for approval; and WHEREAS, on November 7, 1989, a Special Municipal Election was held and conducted in the City, whereby the electorate approved the adoption of Ordinance No. 111; and WHEREAS, Ordinance No. 111 was made effective on December 6, 1989, by City Council Resolution No 89 -623; and WHEREAS, the Moorpark Redevelopment Agency's (the "Agency ") eminent domain authority promulgated under the Plan for the Project Area expired on July 4, 2001; and WHEREAS, in accordance with Article 12 of the CCRL, commencing with Section 33450, the City Council may amend the Plan upon the recommendation of the Agency; and WHEREAS, it is the Agency's desire, so that it may more effectively administer the Plan, and implement redevelopment projects and programs in the Project Area, to prepare an amendment ( "Amendment No. 2 ") to the Plan to reinstate the Agency's eminent domain authority within the Project Area for an additional 12 -year period as permitted under CCRL Section 33333.4(g)(2); and Wor _pri serv\City Share \Community DevelopmenAMRAIAmendment No. 2 \Resos \070724 PC Reso.doc Resolution No. PC -2007- Page 2 WHEREAS, as a part of the process to prepare and process Amendment No. 2, a Project Area Committee (PAC) was established pursuant to CCRL procedures, which PAC has recommended, after considering input from Project Area residents and the business community, that the provisions of Ordinance No. 111 should be reinstated within the Plan (and that the Agency should, therefore, be restricted in its use of eminent domain as provided hereunder), for an additional 12 year period; and WHEREAS, the Planning Commission desires to take into consideration' the recommendation of the PAC as a part of its deliberations; and WHEREAS, pursuant to CCRL Section 33453, the proposed changes to the Plan, vis -a -vis Amendment No. 2, are being submitted to the Planning Commission so that it may make a report and recommendation as to how the changes affect the City's General Plan (the "General Plan "); and WHEREAS, the General Plan contains all elements required by Article 5, and its housing element, required to be updated on a five year cycle, was last updated in December 2001 and is, therefore, current; and WHEREAS, Section 522 of the Plan, which will not be modified by Amendment No. 2, provides that "[a]II development within the Project Area shall be consistent within the General Plan ... as amended from time to time "; and WHEREAS, Amendment No. 2 proposes no changes to land use designations within the Project Area and land use designations contained in the Plan are the same as those land use designations shown on the adopted land use maps of the General Plan; and WHEREAS, Amendment No. 2 proposes no changes to existing development policies, guidelines, and /or standards for properties located within the Project Area, and development policies, guidelines, and /or standards applicable to the Project, as enforced by the Plan, are the same as the development policies, guidelines, and /or standards contained in the General Plan; and WHEREAS, the Plan is a tool that will be used by the City and Agency to help implement the General Plan's goals, objectives, and policies; and WHEREAS, pursuant to Sections 15025(c) and 15074(a) of the California Environmental Quality Act (CEQA) Guidelines (Public Resources Code Section 21000 et seq., and Title 14, California Code of Regulations Section 15000 et seq.), the Planning Commission shall review and consider the draft Mitigated Negative Declaration (the "Mitigated Negative Declaration ") prepared for Amendment No. 2 prior to making its report and recommendations regarding Amendment No. 2. Resolution No. PC -2007- Page 3 NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. _ The above recitals are true and correct, and are a substantive part of this resolution. SECTION 2. The Planning Commission has reviewed the draft copy of Amendment No. 2 and the staff report accompanying this resolution, and hereby finds and determines that Amendment No. 2 does not affect, and furthermore is consistent with the General Plan because Amendment No. 2 does not make changes to the General . Plan land use designations in the Project Area, or to other General Plan controls or limitations. The Plan, as amended by Amendment No. 2, will always conform with the land use designations, the general location and extent of existing and proposed transportation routes and other public facilities and utilities identified in the various elements of the General Plan, housing policies and other policies contained in the. General Plan's various elements. Section 522 of the Plan states that "all development within the Project Area shall be consistent within the General Plan—as amended from time to time." SECTION 3. The Planning Commission has considered the recommendation of the PAC established as a part of the process to prepare and process Amendment No. 2. SECTION 4. The Planning Commission has reviewed and considered the Initial Study and Proposed Mitigated Negative Declaration prepared for Amendment No. 2 and finds that these documents have been prepared for the project in compliance with the California Environmental Quality Act (CEQA), and City Procedures. Based upon the Initial Study and Mitigated Negative Declaration, the Planning Commission recommends adoption of the Mitigated Negative Declaration by the City Council. SECTION 5. The Planning Commission hereby recommends that the Agency approve, and the City Council adopt, Amendment No. 2. SECTION 6. The Planning Commission hereby authorizes and directs the officers, employees, staff, consultants, and attorneys for the Planning Commission to take any action that may be necessary to effectuate the purposes of this resolution or which are appropriate or desirable in the circumstances. In the event that prior to the adoption of Amendment No. 2, the Agency or City Council desire to make minor revisions to the Plan's eminent domain provision proposed under Amendment No. 2, or make any minor technical or clarifying changes to Amendment No. 2, or any documents related thereto, which do not affect the intent or substantive content of Amendment No. 2, the Planning Commission hereby finds and determines that any such revisions /changes need not be referred to it for further report and recommendations. SECTION 7. The Planning Commission hereby finds and determines that this resolution shall constitute the report and recommendation of the Planning Commission Resolution No. PC -2007- Page 4 to the Agency and the City Council concerning Amendment No. 2, prepared pursuant to CCRL Sections 33458 and 33453. SECTION 8. The Planning Commission hereby authorizes and directs the Planning Director to transmit a copy of this resolution to the Agency and the City Council. SECTION 9. FILING OF RESOLUTION: The Planning Director shall cause a certified resolution to be filed in the book of original resolutions. The action of the foregoing direction was approved by the following vote: AYES: NOES: ABSTAIN: ABSENT: PASSED, AND ADOPTED this 24th day of July, 2007. Mark Taillon, Chair David A. Bobardt Planning Director N REDEVELOPMENT AGENCY of the City of Moorpark 799 Moorpark Avenue Moorpark, California 93021 (805) 517 -6200 August 17, 2007 Re: Proposed Amendment No. 2 to the Redevelopment Plan for the Moorpark Redevelopment Project and Notice of Intent to Adopt Mitigated Negative Declaration of Environmental Impact Related Thereto. Dear Tenant, Resident, or Business Owner: This letter and its enclosures serve as the formal notice the Redevelopment Agency of the City of Moorpark (the "Agency ") and the City Council of the City of Moorpark are required to inform you about the public hearing to be held jointly by them on September 19, 2007, regarding the proposed Amendment No. 2 (the "Amendment ") to the Redevelopment Plan (the "Plan ") for the Moorpark Redevelopment Project (the "Project" or "Project Area "). Copies of the Notice of Joint Public Hearing and the Project Area Map are included with this letter. The sole purpose of the Amendment is to reinstate, for a maximum 12 -year period, the Plan's limited eminent domain provision which could be used, if necessary, to acquire non - residential property in the Project Area, excluding residentially zoned and certain other property being used for residential purposes. It is important to note that on June 8, 2006, this authority was recommended by the Project Area Committee and it is the same authority, currently codified in the Plan, which lapsed in July 2001. The Amendment is intended as a planning and administrative tool to better and more effectively implement projects and programs within the Project Area; it does not add territory to or delete territory from the Project Area, or change the Plan in any other way. If you have questions or comments about the Amendment, or the related Mitigated Negative Declaration of Environmental Impact, you may wish to attend one of the two community workshops (dates shown on the Notice of Joint Public Hearing included with this letter) and/or call Agency offices at (805) 517 -6217, or send your written comments to Mr. David Moe, Redevelopment Manager, Redevelopment Agency of the City of Moorpark, 799 Moorpark Avenue, Moorpark, CA 93021, or by email to dmoe @ci.moorpark.ca.us. REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK Steven Kueny Executive Director Enclosures ATTENTION: The City has prepared an informational booklet entitled Citizens Guide to Understanding Redevelopment, which answers some of the most commonly asked questions about redevelopment. A copy of the booklet, is available, free of charge, at the Agency's offices, Moorpark City Hall, 799 Moorpark Avenue, Moorpark, CA 93021 and on the Agency's website at www.ci. mooroark.ca.us. J PHMaiI_L VB_Tnt- Bus_FN L j Im_07/ 10/07 REDEVELOPMENT AGENCY of the City of Moorpark 799 Moorpark Avenue Moorpark, California 93021 (805) 517 -6200 17 de agosto de 2007 Asunto: Enmienda Propuesta No. 2 al Plan de Reurbanizaci6n para el Proyecto de Reurbanizaci6n de Moorpark y Notificaci6n de Intenci6n de Adoptar la Declaraci6n Negativa Mitigada de Impacto Ambiental relacionada. Estimado Inquilino, Residente o Dueno de Empresa: Esta carta y sus adjuntos sirven como la notificaci6n formal que la Agencia de Reurbanizaci6n de Moorpark (la "Agencia ") y el Concejo Municipal de la Ciudad de Moorpark tienen la obligaci6n de proporcionarle acerca de la audiencia publica conjunta el 19 de septiembre de 2007, con respecto a la Enmienda propuesta No. 2 (la "Enmienda ") al Plan de Reurbanizaci6n (el "Plan ") para el Proyecto de Reurbanizaci6n de Moorpark (el "Proyecto" o el "Area del Proyecto "). Se adjunta una copia de la Notificacion de Audiencia Publica Conjunta y el Mapa del Area del Proyecto con esta carta. El unico prop6sito de la Enmienda es para restablecer, por un perfodo maximo de 12 anos, la provisi6n de dominio eminente del Plan el cual puede ser usado, si es necesario, para adquirir propiedad en el Area del Proyecto, excluyendo zonas residenciales y ciertas otras propiedades que son usadas con fines residenciales. Es importante tomar nota que el 8 de junio de 2006, el restablecimiento de is autoridad fue recomendada por el Comite del Area del Proyecto, y es la misma autoridad actualmente codificada en el Plan, que caduc6 en julio de 2001. La intenci6n de la Enmienda es tener una herramienta administrativa } de planeamiento y para implementar con mayor efectividad los proyectos y programas dentro del Area del` - "" Proyecto; no agrega ni elimina territorio al Area del Proyecto, no altera el Plan de ninguna otra manera. Si tiene alguna pregunta o comentario acerca de la Enmienda, o la Declaraci6n Negativa Mitigada de Impacto Ambiental relacionada, puede asistir a uno de los dos talleres comunitarios (las fechas se muestran en la Notificaci6n de Audiencia Publica Conjunta incluida dentro de esta carta) y/o Ilame a las oficinas de la Agencia al (805) 517 -6217, o envie sus comentarios por escrito al Sr. David Moe, Gerente de Reurbanizaci6n, Agencia de Reurbanizaci6n de Moorpark, 799 Moorpark Avenue, Moorpark, CA 93021, o por correo electr6nico a dmoe @ci.moorpark.ca.us. AGENCIA DE REURBANIZACKSN DE MOORPARK Steven Kueny Director Ejecutivo Adjuntos ATENCIbN: La Ciudad ha preparado un folleto informal titulado Guia del Ciudadano a la Comprensi6n de Reurbanizaci6n, el cual contests algunas de las preguntas mss comunes sobre la reurbanizaci6n. Copias del folleto se encuentran disponibles, sin cargo, on las oficinas de la Agencia, Moorpark City Hall, 799 Moorpark Avenue, Moorpark, CA 93021 y en el sitio de Internet de la Agencia en www.ci. moorDa rk.ca . us. JPHMaiI _Spanish_LtrB_Tnt- Bus_FNL jlm_07 /10/07 NOTICE OF JOINT PUBLIC HEARING NOTICE OF JOINT PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF MOORPARK AND THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK ON APPROVAL AND ADOPTION OF THE PROPOSED AMENDMENT NO.2 TO THE REDEVELOPMENT PLAN FOR THE MOORPARK REDEVELOPMENT PROJECT AND NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT RELATED THERETO NOTICE IS HEREBY GIVEN that a joint public hearing will be held before the City Council of the City of Moorpark (the "City Council ") and the Redevelopment Agency of the City of Moorpark (the "Agency ") in accordance with the requirements of the California Community Redevelopment Law (CCRL; Health and Safety Code Section 33000 et seq. ): DATE OF HEARING: September 19, 2007 TIME OF HEARING: 7:00 p.m., or as soon thereafter as possible PLACE OF HEARING: Moorpark City Council Chambers 799 Moorpark Avenue Moorpark, CA 93021 The purpose of this hearing is to consider approval and adoption of the proposed Amendment No. 2 (the "Amendment ") to the Redevelopment Plan for the Moorpark Redevelopment Project (the Plan" and the "Project," respectively), and to consider adoption of the Mitigated Negative Declaration of Environmental Impact (the "Mitigated Negative Declaration ") pertaining to the Amendment. The sole purpose of the Amendment is to reinstate, for an additional 12 -year period, the Agency's eminent domain authority. More specifically, that authority (as approved by the Moorpark voters) is limited to acquisition of properties within the Project Area that are zoned commercial and industrial. All property zoned residential is excluded from eminent domain. Further, all property zoned commercial or industrial that has a residential structure (house) on it and is owner occupied at the time the Redevelopment Plan was adopted is excluded from eminent domain for so long as that owner occupies the residence It is anticipated that the Amendment will permit the Agency to more effectively continue its efforts to promote and implement long -term community redevelopment projects and programs which help to lessen or eliminate existing blight and prevent the spread of new blight within the Project Area. These projects and programs may include, but not necessarily be limited to: construction of new and upgrading existing public facilities and infrastructure, promoting and facilitating economic development and job growth, and providing additional affordable housing opportunities within the Project Area and the larger community. Other than reinstating the Plan's eminent domain provision as a planning and administrative tool, the Amendment makes no changes to the Plan. NOTICE IS FURTHER HEREBY GIVEN that, in accordance with the California Environmental Quality Act (CEQA), the Community Development Director has determined through the preparation of an Initial Study that the Amendment will not have a significant effect on the environment with the inclusion of mitigation measures and, therefore, a Mitigated Negative Declaration has been prepared for the Amendment. The City Council and the Agency will, at the same time and place, hold a joint public hearing to consider adoption of the Mitigated Negative Declaration. The Initial Study and Environmental Checklist for the Project, and the related Mitigated Negative Declaration of Environmental Impact are available for public inspection from the date of this notice until 5:00 p.m. of the date of the joint public hearing. Written comments must be submitted to the Agency through the City Clerk's Office located at Moorpark City Hall, 799 Moorpark Avenue, Moorpark, CA 93021 by U.S. Mail or in person no later than 5:00 p.m. on the date of thejoint public hearing. All evidence and testimony received in writing or presented orally at the joint public hearing, for or against approval of the Mitigated Negative Declaration will be considered by the City Council and the Agency. At the day, hour and place of said joint public hearing, any and all persons desiring to comment on, or having objections to, the content or adequacy of the Mitigated Negative Declaration may appear and be heard before the City Council and the Agency Board. All persons having objections to the Amendment, Mitigated Negative Declaration, or to the regularity of any of the prior proceedings related to the Amendment or the Mitigated Negative Declaration, may submit written comments/objections and /or may appear at the joint public hearing of the Agency and City Council and show cause why the Amendment should not be adopted. At any time no later than 5:00 p.m. on the date of the joint hearing, any person or organization may file a written statement with the City Clerk of the City of Moorpark of his /her /its objections to adoption of the Amendment. Any person or organization desiring to be heard will be given an opportunity to be heard at the joint public hearing. At the aforesaid hour, the City Council and the Agency shall proceed to hear and pass upon all written and oral objections to the Amendment, prepared in accordance with the CCRL, and proceed to hear-and pass upon all oral and written objections to the Mitigated Negative Declaration and related matters. The Agency and the City Council shall consider all evidence and testimony for and against approval and adoption of the Amendment. NOTICE IS FURTHER HEREBY GIVEN to any person or organization who desires to present objections to adoption of the Amendment, or allegations of noncompliance with CCRL, CEQA, or other applicable laws, that such person or organization may be precluded from raising such issue(s) in a subsequent legal action or proceeding challenging the Amendment unless the objections or alleged grounds for noncompliance were presented by the person or organization in writing no later than 5:00 p.m. on the date of the joint public hearing, or were presented orally at the joint public hearing. A map of the Project Area is attached to this Notice and is available for viewing online at www.ci.moorpark.ca.us. A legal description of the Project Area was recorded on July 12, 1989, as Instrument No. 198907120115141, Volume Page 1989 0108897 at the Ventura County Recorder's Office, 800 S. Victoria Avenue, Ventura, CA 93009 -1260; and is also available for public review at the City Clerk's Office, at the address below, Monday through Friday, 8:00 a.m. to 5:00 p.m. A copy of the legal description is available, upon request. In order to give all interested citizens in the Project Area an opportunity to fully understand the redevelopment plan amendment process, the Agency has scheduled the following informational workshops: Dates: September & 11, 2007 Time: 7:00 p.m. Place: Moorpark City Council Chambers 799 Moorpark Avenue Moorpark, CA 93021 NOTICE IS FURTHER HEREBY GIVEN that interested persons may review the Plan, the Amendment, the Negative Declaration and related Initial Study and Environmental Checklist, and other information pertaining to the Plan and /or the Amendment at the City Clerk's Office. The Agency's Report to the City Council on the Amendment will be presented at the joint public hearing and should be available for public review prior to the joint public hearing date. Any person or organization having specific questions regarding the Amendment or the related Mitigated Negative Declaration may contact David Moe, Redevelopment Manager at (805) 517 -6217, or by email, dmoe(cDci.moorpark.ca.us. Written objections must be submitted to the Agency through the City Clerk's Office, Moorpark City Hall, 799 Moorpark Avenue, Moorpark, CA 93021 no later than 5:00 p.m. on the date of the joint public hearing. S. �u•P,� X00'7 Deborah S. Traffenstedt, City Cler Date Published: August 29, September 5, and September 12, 2007 Mailed: August 17, 2007 ATTENTION: The City has prepared an informational booklet entitled Citizens Guide to Understanding Redevelopment, which answers some of the most commonly asked questions about redevelopment. A copy of the booklet, is available, free of charge, at the Agency's offices, Moorpark City Hall, 799 Moorpark Avenue, Moorpark, CA 93021 and on the Agency's website at www.ci.moorpark.ca.us. NOTIFICACION DE AUDIENCIA PUBLICA CONJUNTA NOTIFICACION DE AUDIENCIA POBLICA CONJUNTA DEL CONCEJO MUNICIPAL DE LA CIUDAD DE MOORPARK Y LA AGENCIA DE REURBANIZACION DE LA CIUDAD DE MOORPARK SOBRE LA APROBACION Y ADOPCION DE LA ENMIENDA PROPUESTA NO.2 AL PLAN DE REURBANIZAC16N PARA EL PROYECTO DE REURBANIzACION DE MOORPARK Y NOTIFICACbN DE INTENCION DE ADOPTAR LA DECLARAC16N NEGATIVA MITIGADA DE IMPACTO AMBIENTAL RELACIONADA AL MISMO SE NOTIFICA POR LA PRESENTE que se celebrara una audiencia publica conjunta ante el Concejo Municipal de la Ciudad de Moorpark (el "Concejo Municipal') y la Agencia de Reurbanizaci6n de la Ciudad de Moorpark (la "Agencia ") de acuerdo a los requerimientos de la Ley de Reurbanizaci6n Comunitaria de California (CCRL- por sus siglas en ingl6s; C6digo de Salud y Seguridad Secc6n 33000 et seq.): FECHA DE LA AUDIENCIA: 19 de septiembre de 2007 HORA DE LA AUDIENCIA: 7:00 p.m., o tan pronto posible despu6s LUGAR DE LA AUDIENCIA: Camara del Concejo Municipal de Moorpark 799 Moorpark Avenue Moorpark, CA 93021 El prop6sito de esta audiencia es para la aprobaci6n y adopci6n de la Enmienda propuesta No. 2 (la "Enmienda ") al Plan de Reurbanizaci6n para el Proyecto de Reurbanizaci6n de Moorpark (el "Plan" y el "Proyecto", respectivamente), y para considerar la adopci6n de la Declaraci6n Negativa Mitigada de impacto Ambiental (la "Declaraci6n Negativa Mitigada ") perteneciente a la Enmienda. El unico prop6sito de la Enmienda es para restablecer, por un periodo adicional de 12 afts, la autoridad de dominio eminente de la Agencia. Mas especificamente, esa autoridad (segun aprobaci6n por los votantes de Moorpark) esta limitada a adquisici6n de propiedades dentro del Area del Proyecto que estan en zonas comerciales a industriales. Toda propiedad en zona residencial es excluida del dominio eminente. Ademas, toda propiedad en zona comercial o industrial que contenga una estructura residencial (casa) y que es ocupada por su dueAo en el momento en que se adopt6 el Plan de Reurbanizaci6n es excluida del dominio eminente mientras que el dueho ocupe la residencia. Se anticipa que la Enmienda permitira a la Agencia continuar mas eficazmente sus esfuerzos de promocionar a implementar proyectos y programas de reurbanizaci6n comunitaria a largo plazo que ayudan a aliviar o eliminar deterioro existente y prevenir la extensi6n de nuevas areas de deterioro dentro del Area del Proyecto. Estos proyectos y programas pueden incluir, pero no estan limitados a: construcci6n y mejora de estructuras publicas existentes, promocionar y facilitar desarrollo econ6mico y crecimiento de trabajos, y proporcionar oportunidades de viviendas al alcance adicionales dentro del Area del Proyecto y la comunidad inmediata. Ademas de restablecer la provisi6n de dominio eminente del Plan Como una herramienta administrativa y de planificaci6n, la Enmienda no modifica el Plan. POR ESTA SE DA NOTIFICAC16N ADEMAS que de acuerdo al Acta de Calidad Ambiental de California (CEQA- por sus siglas en ingl6s), el Director de Desarrollo Comunitario ha determinado por la preparac16n de un Estudio Inicial que la Enmienda no tendra un efecto significativo en el medio ambiente con la inclusi6n de las medidas de mitigaci6n y, por to tanto, una Declaraci6n Negativa de Mitigaci6n ha sido preparada para la Enmienda. El Concejo Municipal y la Agencia, celebraran a la misma hora y lugar, una audiencia publica conjunta para considerar y adoptar la Declaraci6n Negativa Mitigada. El Estudio Inicial y la Lista de Verificaci6n Ambiental para el Proyecto, y la Declaraci6n de Impacto Ambiental Negativa Relacionada se encuentran disponibles para la revisi6n del p0blico desde la fecha de esta notificaci6n hasta las 5:00 p.m. de la fecha de la audiencia publica conjunta. Los comentarios escritos deben ser entregados a la Agencia a travels de la Oficina del Secretario Municipal ubicada en Moorpark City Hall, 799 Moorpark Avenue, Moorpark, CA 93021 por correo de Estados Unidos o en persona a mas tardar a las 5:00 p.m. en la fecha de la audiencia publica conjunta. Toda evidencia y testimonio recibido por escrito o presentado oralmente en la audiencia publica conjunta, a favor y en contra de la aprobaci6n de la Declaraci6n Negativa Mitigada sera considerada por el Concejo Municipal y la Agencia. En la fecha, hora y lugar de tal audiencia publica conjunta, toda y cualquier persona que quiera cornentar u objetar al contenido o idoneidad de la Declaraci6n Negativa Mitigada puede comparecer y ser escuchado ante el Concejo Municipal y la Junta de la Agencia. Todas las personas que tengan objeciones a la Enmienda, la Declaraci6n Negativa Mitigada o a la regularidad de cualquiera de los procedimientos anteriores relacionados con la Enmienda o la Declaraci6n Negativa Mitigada, pueden presentar comentarios/objeciones escritos y/o comparecer a la audiencia publica conjunta de la Agencia y el Concejo Municipal y mostrar causa de por qu6 no se debe adoptar la Enmienda. En cualquier momento a mfis tardar a las 5:00 p.m. en la fecha de la audiencia publica conjunta, cualquier persona u organizaci6n pueden entregar una declaraci6n escrita con el Secretario Municipal de la Ciudad de Moorpark de sus objeciones a la adopci6n de la Enmienda. Cualquier persona u organizaci6n que desea ser escuchado tendri§ una oportunidad de ser escuchado en la audiencia publica conjunta. En la'hora mencionada, el Concejo Municipal y la Agencia procederbn a escuchar todas las objeciones escritas y orales a la Enmienda, preparada de acuerdo al CCRL, y procederan a oir y pasar todas las objeciones orales y escritas a la Deciaraci6n Negativa Mitigada y asuntos relacionados. La Agencia y el Concejo Municipal considerarcin toda evidencia y testimonio a favor y en contra de la aprobaci6n y adopci6n de la Enmienda. POR ESTA SE DA NOTIFICAC16N ADEMAS a cualquier persona u organizaci6n que desee presentar objeciones a la Enmienda o alegaciones de incumplimiento con la CCRL, CEQA u otras leyes aplicables, que tal persona u organizaci6n podria estar impedida de presentar tal(es) asunto(s) en una acci6n legal o proceso subsecuente que recuse la Enmienda a menos que las objeciones o bases alegadas para el incumplimiento fueron presentadas por la persona u organizaci6n por escrito antes de las 5:00 p.m. en el dla de la audiencia publica conjunta o fueron presentadas verbalmente o por escrito en la audiencia publica conjunta ' Un mapa del Area del Proyecto se adjunta a esta Notificaci6n y se encuentra disponible para revisar en Internet en www.ci.moorpark.ca.us. Una descripci6n legal del Area del Proyecto fue grabada el 12 de julio de 1989, segun instrumento No. 198907120115141, Volumen Pfigina 1989 0108897 en la Oficina del Registrador del Condado de Ventura, 800 S. Victoria Avenue, Ventura, CA 93009 -1260; y tambien se encuentra disponible para revisi6n del publico en la Oficina del Secretario Municipal, en el domicilio a continuaci6n, de tunes a viernes 8:00 a.m. a 5:00 p.m. Copias de la descripci6n legal estcin disponibles a su pedido. Para proporcionar a todos los ciudadanos interesados en el Area del Proyecto una oportunidad de entender completamente el proceso de enmienda del plan de reurbanizaci6n, la Agencia ha programado los siguientes talleres de trabajo informativos: Fechas: 6 & 11 de septiembre de 2007 Hora: 7:00 p.m. Lugar: Camara de Concejo Municipal de Moorpark 799 Moorpark Avenue Moorpark, CA 93021 POR ESTA SE DA NOTIFICAC16N ADEMAS que las personas interesadas pueden revisar el Plan, la Enmienda, la Declaraci6n Negativa, et Estudio Inicial y Lista de Verificaci6n Ambiental relacionada y otra informaci6n respecto al Plan y/o la Enmienda en la Oficina del Secretario Municipal, El Reporte de la Agencia al Concejo Municipal sobre la Enmienda serti presentada en la audiencia publica conjunta y estart disponible para revisi6n del publico previo a la fecha de la audiencia publica conjunta. Cualquier persona u organizaci6n que tenga preguntas especificas con respecto a la Enmienda o la Deciaraci6n Negativa Mitigada puede contactar a David Moe, Gerente de Reurbanizaci6n al (805) 517 -6217, o por correo electr6nico al, dmoeCa2ci.moorpark.ca.us. Las objeciones escritas deben ser presentadas a la Agencia a travi6s de la Oficina del Secretario Municipal, City Hall, 799 Moorpark Avenue, Moorpark, CA 93021 a mi3s tardar a las 5:00 p.m. en le fecha de la audiencia publica conjunta. 7' . 14 /2 ©0 7 Deborah S. Traffenstedt, Secret i unicipai Fecha Publicado: 26 de agosto, 5 de septiembre y 12 de septiembre de 2007 Fijado: 17 de agosto de 2007 ATENCION. La Ciudad ha preparado un folleto informal titulado Guia del Ciudadano a la Comprensi6n de Reurbanizaci6n, el cual contests algunas de las preguntas mss comunes sobre la reurbanizaci6n. Copias del folleto se encuentran disponibles, sin cargo, en las oficinas de la Agencia, Moorpark City Hall, 799 Moorpark Avenue, Moorpark, CA 93021 y en el sitio de Internet de la Agencia en www.ci.moorpark.ca.us. REDEVELOPMENT AGENCY of the City of Moorpark 799 Moorpark Avenue Moorpark, California 93021 (805) 517 -6200 August 17, 2007 Re: Proposed Amendment No. 2 to the Redevelopment Plan for the Moorpark Redevelopment Project and Notice of Intent to Adopt Mitigated Negative Declaration of Environmental Impact Related Thereto. Dear Property Owner: This letter and its enclosures serve as the formal notice the Redevelopment Agency of the City of Moorpark (the "Agency ") and the City Council of the City of Moorpark are required to inform you about the public hearing to be held jointly by them on September 19, 2007, regarding the proposed Amendment No. 2 (the "Amendment ") to the Redevelopment Plan (the "Plan ") for the Moorpark Redevelopment Project (the "Project" or the "Project Area "). Copies of the Notice of Joint Public Hearing and the Project Area Map are included with this letter. The sole purpose of the Amendment is to reinstate, for a maximum 12 -year period, the Plan's eminent domain provision which could be used, if necessary, to acquire property in the Project Area, excluding residentially zoned and certain other property being used for residential purposes. It is important to note that on June 8, 2006, reinstatement of this authority was recommended by the Project Area Committee, and it is the same authority currently codified in the Plan, which lapsed in July 2001. Because you own property in the Project Area, we have also enclosed a Statement Regarding Acquisition, which states: i) the Agency's property acquisition authority, as proposed to be reinstated by the Amendment; and ii) that the Agency at this time has no specific plans for property acquisition. The Amendment is intended as a planning and administrative tool to better and more effectively implement projects and programs within the Project Area; it does not add territory to or delete territory from the Project Area, or change the Plan in any other way. If you have questions or comments about the Amendment, or the related Mitigated Negative Declaration of Environmental Impact, you may wish to attend one of the two community workshops (dates shown on the Notice of Joint Public Hearing included with this letter) and/or call Agency offices at (805) 517 -6217, or send your written comments to Mr. David Moe, Redevelopment Manager, Redevelopment Agency of the City of Moorpark, 799 Moorpark Avenue, Moorpark, CA 93021, or by email to dmoeaci.moorpark.ca.us. REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK i Steven Kueny Executive Director Enclosures ATTENTION: The City has prepared an informational booklet entitled Citizens Guide to Understanding Redevelopment, which answers some of the most commonly asked questions about redevelopment. A copy of the booklet, is available, free of charge, at the Agency's offices, Moorpark City Hall, 799 Moorpark Avenue, Moorpark, CA 93021 and on the Agency's website at www.ci.mooroark.ca.us. JPHMail_LVA_PropOwnr_FNL jim_07 /10/07 W REDEVELOPMENT AGENCY of the City of Moorpark 799 Moorpark Avenue Moorpark, California 93021 (805) 517 -6200 17 de agosto de 2007 Asunto: Enmienda Propuesta No. 2 al Plan de Reurbanizacion para el Proyecto de Reurbanizacion de Moorpark y Notificacion de Intencion de Adoptar la Declaracibn Negativa Mitigada de Impacto Ambiental relacionada. Estimado Propietario: Esta carta y sus adjuntos sirven Como la notificacibn formal que la Agencia de Reurbanizacion de Moorpark (la "Agencia ") y el Concejo Municipal de la Ciudad de Moorpark tienen la obligacion de proporcionarle acerca de la audiencia publica conjunta el 19 de septiembre de 2007, con respecto a la Enmienda propuesta No. 2 (la "Enmienda ") al Plan de Reurbanizacion (el "Plan ") para el Proyecto de Reurbanizacion de Moorpark (el "Proyecto" o el "Area del Proyecto "). Se adjunta una copia de la Notificacion de Audiencia Publica Conjunta y el Mapa del Area del Proyecto con esta carta. El unico proposito de la Enmienda es para restablecer, por un periodo maximo de 12 anos, la provision de dominio eminente del Plan el cual puede ser usado, si es necesario, para adquirir propiedad en el Area del Proyecto, excluyendo zonas residenciales y ciertas otras propiedades que son usadas con fines residenciales. Es importante tomar nota que el 8 de junio de 2006, el restablecimiento de la autoridad fue recomendada por el Comite del Area del Proyecto, y es la misma autoridad actualmente codificada en el Plan, que caducb en julio de 2001. Debido a que usted es propietario en el Area del Proyecto tambien hemos adjuntado una Declaracidn respecto a la Adquisicion, la cual declara: i) la autoridad de la Agencia de adquisicion de propiedad, segun la propuesta de la Enmienda, y ii) que la Agencia en este momento no tiene planes especfficos de adquirir propiedad. La intenci6n de la Enmienda es tener una herramienta administrativa y de planeamiento y para implementar con mayor efectividad los proyectos y programas dentro del Area del Proyecto; no agrega ni elimina territorio al Area del Proyecto, no altera el Plan de ninguna otra manera. Si tiene alguna pregunta o comentario acerca de la Enmienda, o la Declaracion Negativa Mitigada de Impacto Ambiental relacionada, puede asistir a uno de los dos talleres comunitarios (las fechas se muestran en la Notificacion de Audiencia Publica Conjunta) incluida dentro de esta carta) y/o Ilame a las oficinas de la Agencia al (805) 517 -6217, o envfe sus comentarios por escrito al Sr. David Moe, Gerente de Reurbanizacion, Agencia de Reurbanizacion de Moorpark, 799 Moorpark Avenue, Moorpark, CA 93021, o por correo electronico a dmoe @ci.moorpark.ca.us. AGENCIA DE REURBANIZACION DE MOORPARK Steven Kueny Director Ejecutivo Adjuntos ATENCION: La Ciudad ha preparado un folleto informal titulado Gufa del Ciudadano a la Comprension de Reurbanizacion, el cual contesta algunas de las preguntas mas comunes sobre la reurbanizacion. Copias del folleto se encuentran disponibles, sin cargo, en las oficinas de la Agencia, Moorpark City Hall, 799 Moorpark Avenue, Moorpark, CA 93021 y en el sitio de Internet de la Agencia en www.ci.mooroa rk.ca. us. 1PHMaiI _Spanish_LtrA_PropOwnr_FNL jlm_07 /10/07 C4) NOTICE OF JOINT PUBLIC HEARING NOTICE OF JOINT PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF MOORPARK AND THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK ON APPROVAL AND ADOPTION OF THE PROPOSED AMENDMENT NO. 2 TO THE REDEVELOPMENT PLAN FOR THE MOORPARK REDEVELOPMENT PROJECT AND NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT RELATED THERETO NOTICE IS HEREBY GIVEN that a joint public hearing will be held before the City Council of the City of Moorpark (the "City Council ") and the Redevelopment Agency of the City of Moorpark (the "Agency ") in accordance with the requirements of the California Community Redevelopment Law (CCRL; Health and Safety Code Section 33000 et seq. ): DATE OF HEARING: September 19, 2007 TIME OF HEARING: 7:00 p.m., or as soon thereafter as possible PLACE OF HEARING: Moorpark City Council Chambers 799 Moorpark Avenue Moorpark, CA 93021 The purpose of this hearing is to consider approval and adoption of the proposed Amendment No. 2 (the "Amendment ") to the Redevelopment Plan for the Moorpark Redevelopment Project (the Plan" and the "Project," respectively), and to consider adoption of the Mitigated Negative Declaration of Environmental Impact (the "Mitigated Negative Declaration ") pertaining to the Amendment. The sole purpose of the Amendment is to reinstate, for an additional 12 -year period, the Agency's eminent domain authority. More specifically, that authority (as approved by the Moorpark voters) is limited to acquisition of properties within the Project Area that are zoned commercial and industrial. All property zoned residential is excluded from eminent domain. Further, all property zoned commercial or industrial that has a residential structure (house) on it and is owner occupied at the time the Redevelopment Plan was adopted is excluded from eminent domain for so long as that owner occupies the residence It is anticipated that the Amendment will permit the Agency to more effectively continue its efforts to promote and implement long -term community redevelopment projects and programs which help to lessen or eliminate existing blight and prevent the spread of new blight within the Project Area. These projects and programs may include, but not necessarily be limited to: construction of new and upgrading existing public facilities and infrastructure, promoting and facilitating economic development and job growth, and providing additional affordable housing opportunities within the Project Area and the larger community. Other than reinstating the Plan's eminent domain provision as a planning and administrative tool, the Amendment makes no changes to the Plan. NOTICE IS FURTHER HEREBY GIVEN that, in accordance with the California Environmental Quality Act (CEQA), the Community Development Director has determined through the preparation of an Initial Study that the Amendment will not have a significant effect on the environment with the inclusion of mitigation measures and, therefore, a Mitigated Negative Declaration has been prepared for the Amendment. The City Council and the Agency will, at the same time and place, hold a joint public hearing to consider adoption of the Mitigated Negative Declaration. The Initial Studyand Environmental Checklist for the Project, and the related Mitigated Negative Declaration of Environmental Impact are available for public inspection from the date of this notice until 5:00 p.m. of the date of the joint public hearing. Written comments must be submitted to the Agency through the City Clerk's Office located at Moorpark City Hall, 799 Moorpark Avenue, Moorpark, CA 93021 by U.S. Mail or in person no later than 5:00 p.m. on the date of thejoint public hearing. All evidence and testimony received in writing or presented orally at the joint public hearing, for or against approval of the Mitigated Negative Declaration will be considered by the City Council and the Agency. At the day, hour and place of said joint public hearing, any and all persons desiring to comment on, or having objections to, the content or adequacy of the Mitigated Negative Declaration may appear and be heard before the City Council and the Agency Board. All persons having objections to the Amendment, Mitigated Negative Declaration, or to the regularity of any of the prior proceedings related to the Amendment or the Mitigated Negative Declaration, may submit written comments/objections and /or may appear at the joint public hearing of the Agency and City Council and show cause why the Amendment should not be adopted. At any time no later than 5:00 p.m. on the date of the joint hearing, any person or organization may file a written statement with the City Clerk of the City of Moorpark of his /her /its objections to adoption of the Amendment. Any person or organization desiring to be heard will be given an opportunity to be heard at the joint public hearing. At the aforesaid hour, the City Council and the Agency shall proceed to hear and pass upon all written and oral objectidns to the Amendment, prepared in accordance with the CCRL, and proceed to hear -and pass upon all oral and written objections to the Mitigated Negative Declaration and related matters. The Agency and the City Council shall consider all evidence and testimony for and against approval and adoption of the Amendment. NOTICE IS FURTHER HEREBY GIVEN to any person or organization who desires to present objections to adoption of the Amendment, or allegations of noncompliance with CCRL, CEQA, or other applicable laws, that such person or organization may be precluded from raising such issue(s) in a subsequent legal action or proceeding challenging the Amendment unless the objections or alleged grounds for noncompliance were presented by the person or organization in writing no later than 5:00 p.m. on the date of the joint public hearing, or were presented orally at the joint public hearing. A map of the Project Area is attached to this Notice and is available for viewing online at www.ci.moorpark.ca.us. A legal description of the Project Area was recorded on July 12, 1989, as Instrument No. 198907120115141, Volume Page 1989 0108897 at the Ventura County Recorder's Office, 800 S. Victoria Avenue, Ventura, CA 93009 -1260; and is also available for public review at the City Clerk's Office, at the address below, Monday through Friday, 8:00 a.m. to 5:00 p.m. A copy of the legal description is available, upon request. In order to give all interested citizens in the Project Area an opportunity to fully understand the redevelopment plan amendment process, the Agency has scheduled the following informational workshops: Dates: September & 11, 2007 Time: 7:00 p.m. Place: Moorpark City Council Chambers 799 Moorpark Avenue Moorpark, CA 93021 NOTICE IS FURTHER HEREBY GIVEN that interested persons may review the Plan, the Amendment, the Negative Declaration and related Initial Study and Environmental Checklist, and other information pertaining to the Plan and /or the Amendment at the City Clerk's Office. The Agency's Report to the City Council on the Amendment will be presented at the joint public hearing and should be available for public review prior to the joint public hearing date. Any person or organization having specific questions regarding the Amendment or the related Mitigated Negative Declaration may contact David Moe, Redevelopment Manager at (805) 517 -6217, or by email, dmoe(cDci.moorpark.ca.us. Written objections must be submitted to the Agency through the City Clerk's Office, Moorpark City Hall, 799 Moorpark Avenue, Moorpark, CA 93021 no later than 5:00 p.m. on the date of the joint public hearing. Deborah S. Traffenstedt, City Cler Date Published: August 29, September 5, and September 12, 2007 Mailed: August 17, 2007 ATTENTION: The City has prepared an informational booklet entitled Citizens Guide to Understanding Redevelopment, which answers some of the most commonly asked questions about redevelopment. A copy of the booklet, is available, free of charge, at the Agency's offices, Moorpark City Hall, 799 Moorpark Avenue, Moorpark, CA 93021 and on the Agency's website at www.ci.moorpark.ca.us. NOTIFICACION DE AUDIENCIA PUBLICA CONJUNTA NOTIFICACION DE AUDIENCIA PUBLICA CONJUNTA DEL CONCEJO MUNICIPAL DE LA CIUDAD DE MOORPARK Y LA AGENCIA DE REURBANIZACION DE LA CIUDAD DE MOORPARK SOBRE LA APROBAC16N Y ADOPCION DE LA ENMIENDA PROPUESTA NO.2 AL PLAN DE REURBANIZACION PARA EL PROYECTO DE REURBANIZACION DE MOORPARK Y NOTIFICAC16N DE INTENCION DE ADOPTAR LA DECLARAC16N NEGATIVA MITIGADA DE IMPACTO AMBIENTAL RELACIONADA AL MISMO SE NOTIFICA POR LA PRESENTE que se celebrara una audiencia publica conjunta ante el Concejo Municipal de la Ciudad de Moorpark (el "Concejo Municipal') y la Agencia de Reurbanizaci6n de la Ciudad de Moorpark (la "Agencia ") de acuerdo a los requerimientos de la Ley de Reurbanizaci6n Comunitaria de California (CCRL- por sus siglas en ingles; C6digo de Salud y Seguridad Secc6n 33000 et seq.): FECHA DE LA AUDIENCIA: 19 de septiembre de 2007 HORA DE LA AUDIENCIA: 7:00 p.m., o tan pronto posibie despu6s LUGAR DE LA AUDIENCIA: Camara del Concejo Municipal de Moorpark 799 Moorpark Avenue Moorpark, CA 93021 El prop6sito de esta audiencia es para la aprobaci6n y adopci6n de la Enmienda propuesta No. 2 (la "Enmienda ") al Plan de Reurbanizaci6n para el Proyecto de Reurbanizaci6n de Moorpark (el "Plan" y el "Proyecto ", respectivamente), y para considerar la adopci6n de la Declaraci6n Negativa Mitigada de impacto Ambiental (la "Declaraci6n Negativa Mitigada ") perteneciente a la Enmienda. El unico prop6sito de la Enmienda es para restablecer, por un periodo adicional de 12 ahos, la autoridad de dominio eminente de la Agencia. Mas especificamente, esa autoridad (segun aprobaci6n por los votantes de Moorpark) esta limitada a adquisici6n de propiedades dentro del Area del Proyecto que estan en zonas comerciales a industriales. Toda propiedad en zona residencial es excluida del dominio eminente. Ademas, toda propiedad en zona comercial o industrial que contenga una estructura residencial (casa) y que es ocupada por su duefio en el momento en que se adopt6 el Plan de Reurbanizaci6n es excluida del dominio eminente mientras que el duerio ocupe la residencia. Se anticipa que la Enmienda permitira a la Agencia continuar mas eficazmente sus esfuerzos de promocionar a implementar proyectos y programas de reurbanizaci6n comunitaria a largo plazo que ayudan a aliviar o eliminar deterioro existente y prevenir la extensi6n de nuevas 6reas de deterioro dentro del Area del Proyecto. Estos proyectos y programas pueden incluir, pero no estan limitados a: construcci6n y mejora de estructuras publicas existentes, promocionar y facilitar desarrollo econ6mico y crecimiento de trabajos, y proporcionar oportunidades de viviendas al alcance adicionales dentro del Area del Proyecto y la comunidad inmediata. Ademas de restablecer la provisi6n de dominio eminente del Plan como una herramienta administrativa y de planificaci6n, la Enmienda no modifica el Plan. POR ESTA SE DA NOTIFICAC16N ADEMAS que de acuerdo al Acta de Calidad Ambiental de California (CEQA- por sus siglas en ingles), el Director de Desarrollo Comunitario ha determinado por la preparaci6n de un Estudio Inicial que la Enmienda no tendra un efecto significativo en el medio ambiente con la inclusi6n de las medidas de mitigaci6n y, por to tanto, una Declaraci6n Negativa de Mitigaci6n ha sido preparada para la Enmienda. El Concejo Municipal y la Agencia, celebraran a la misma hora y lugar, una audiencia publica conjunta para considerar y adoptar la Declaraci6n Negativa Mitigada. El Estudio Inicial y la Lista de VeriircaciOn Ambiental para el Proyecto, y la Declaraci6n de Impacto Ambiental Negativa Relacionada se encuentran disponibles para la revision del publico desde la fecha de esta notificaci6n hasta las 5:00 p.m. de la fecha de la audiencia publica conjunta. Los comentarios escritos deben ser entregados a la Agencia a trav6s de la Oficina del Secretario Municipal ubicada en Moorpark City Hall, 799 Moorpark Avenue, Moorpark, CA 93021 por correo de Estados Unidos o en persona a mas tardar a las 5:00 p.m. en la fecha de la audiencia publica conjunta. Toda evidencia y testimonio recibido por escrito o presentado oralmente en la audiencia publica conjunta, a favor y en contra de la aprobaci6n de la Declaraci6n Negativa Mitigada sera considerada por el Concejo Municipal y la Agencia. En la fecha, hora y lugar de tal audiencia publica conjunta, toda y cualquier persona que quiera comentar u objetar al contenido o idoneidad de la Declaraci6n Negativa Mitigada puede comparecer y ser escuchado ante el Concejo Municipal y la Junta de la Agencia. Todas las personas que tengan objeciones a la Enmienda, la Declaraci6n Negativa Mitigada o a la regularidad de cualquiera de los procedimientos anteriores relacionados con la Enmienda o la Declaraci6n Negativa Mitigada, pueden presentar comentarios /objeciones escritos y/o comparecer a la audiencia publica conjunta de la Agencia y el Concejo Municipal y mostrar causa de por qu6 no se debe adoptar la Enmienda. En cualquier momento a mas tardar a las 5:00 p.m. en la fecha de la audiencia publica conjunta, cualquier persona u organizaci6n pueden entregar una declaraci6n escrita con el Secretario Municipal de la Ciudad de Moorpark de sus objeciones a la adopci6n de la Enmienda. Cualquier persona u organizaci6n que desea ser escuchado tendra una oportunidad de ser escuchado en la audiencia publica conjunta. En la'hora mencionada, el Concejo Municipal y la Agencia procederan a escuchar todas las objeciones escritas y orates a la Enmienda, preparada de acuerdo al CCRL, y procederan a oir y pasar todas las objeciones orales y escritas a la Deciaraci6n Negativa Mitigada y asuntos relacionados. La Agencia y el Concejo Municipal consideraran toda evidencia y testimonio a favor y en contra de la aprobaci6n y adopci6n de la Enmienda. POR ESTA SE DA NOTIFICACON ADEMAS a cualquier persona u organizaci6n que desee presentar objeciones a la Enmienda o alegaciones de incumplimiento con la CCRL, CEQA u otras leyes aplicables, que tal persona u organizaci6n podrfa estar impedida de presentar tal(es) asunto(s) en una acci6n legal o proceso subsecuente que recuse la Enmienda a menos que las objeciones o bases alegadas para el incumplimiento fueron presentadas por la persona u organizaci6n por escrito antes de las 5:00 p.m. en el dfa de la audiencia publica conjunta o fueron presentadas verbalmente o por escrito en la audiencia publica conjunta. Un mapa del Area del Proyecto se adjunta a esta Notificaci6n y se encuentra disponible para revisar en Internet en www.ci.moorpark.ca.us. Una descripci6n legal del Area del Proyecto fue grabada el 12 de julio de 1989, segun instrumento No. 198907120115141, Volumen Pagina 1989 0108897 en la Oficina del Registrador del Condado de Ventura, 800 S. Victoria Avenue, Ventura, CA 93009 -1260; y tambien se encuentra disponible Para revisi6n del publico en la Oficina del Secretario Municipal, en el domicilio a continuaci6n, de lunes a viernes 8:00 a. m. a 5:00 p.m. Copias de la descripci6n legal estan disponibles a su pedido. Para proporcionar a todos los ciudadanos interesados en el Area del Proyecto una oportunidad de entender completamente el proceso de enmienda del plan de reurbanizaci6n, la Agencia ha programado los siguientes talleres de trabajo informativos: Fechas: 6 & 11 de septiembre de 2007 Hora: 7:00 p.m. Lugar: Camara de Concejo Municipal de Moorpark 799 Moorpark Avenue Moorpark, CA 93021 POR ESTA SE DA NOTIFICACON ADEMAS que las personas interesadas pueden revisar el Plan, la Enmienda, la Declaraci6n Negativa, el Estudio Inicial y Lista de Verificaci6n Ambiental relacionada y otra informaci6n respecto al Plan y/o la Enmienda en la Oficina del Secretario Municipal. El Reporte de la Agencia al Concejo Municipal sobre la Enmienda sera presentada en la audiencia publica conjunta y estara disponible para revisi6n del publico previo a la fecha de la audiencia publica conjunta. Cualquier persona u organizaci6n que tenga preguntas especfficas con respecto a la Enmienda o la Deciaraci6n Negativa Mitigada puede contactar a David Moe, Gerente de Reurbanizaci6n al (805) 517 -6217, o por correo electr6nico al, dmoe(Mci moorpark ca us. Las objeciones escritas deben ser presentadas a la Agencia a travas de la Oficina del Secretario Municipal, City Hall, 799 Moorpark Avenue, Moorpark, CA 93021 a mas tardar a las 5:00 p.m. en le fecha de la audiencia publica conjunta. -/1'q 0'7 Deborah S. Traffenstedt, Secret unicipal Fecha Publicado: 26 de agosto, 5 de septiembre y 12 de septiembre de 2007 Fijado: 17 de agosto de 2007 ATENCI6N. La Ciudad ha preparado un folleto informal titulado Gufa del Ciudadano a la Comprensi6n de Reurbanizaci6n, el cual contesta algunas de las preguntas mas comunes sobre la reurbanizaci6n. Copias del folleto se encuentran disponibles, sin cargo, en las oficinas de la Agencia, Moorpark City Hall, 799 Moorpark Avenue, Moorpark, CA 93021 y en el sitio de Internet de la Agencia en www.ci. moorpark.ca.us. REDEVELOPMENT AGENCY of the City of Moorpark 799 Moorpark Avenue Moorpark, California 93021 (805) 517 -6200 STATEMENT REGARDING ACQUISITION Dear Property Owner / Assessee, As described in the public hearing notice included with this mailing, the City of Moorpark and the Redevelopment Agency of the City of Moorpark (the "Agency ") are in the process of preparing and considering for approval and adoption Amendment No. 2 (the "Amendment ") to the Redevelopment Plan for the Moorpark Redevelopment Project (the "Plan" and the "Project," respectively). Adoption of the Amendment by the City Council would reinstate the Agency's authority to acquire property by eminent domain for an additional 12 -year period. As part of the redevelopment plan amendment adoption process, the California Community Redevelopment Law (CCRL; Health and Safety Code Section 33000, et seq.) requires that the Agency provide this Statement Regarding Acquisition to each assessee whose property would be subject to acquisition by purchase or eminent domain under the Plan. A Project Area Committee (PAC) was elected by members of the Project Area community to review and make recommendations regarding the Amendment. On June 8, 2006, the PAC recommended that the Agency's reinstated authority to exercise eminent domain for an additional 12 years be the same authority now codified in the Plan, which reads as follows: "(Section 403) Acquisition of Real Property. The Agency may purchase, lease, obtain option upon or otherwise acquire any interest in real property located in the Project Area by gift, devise, exchange, purchase, or any other means authorized by law including the use of eminent domain for the purpose of redevelopment. Acquisition of property will generally be achieved by cooperative negotiations between the owner of such property and the Agency. The following restrictions are applicable to the Agency's power of Eminent Domain: 1. All property zoned residential is excluded from eminent domain. 2. All property zoned commercial or industrial that has a residential structure (house) on it and is owner occupied at the time the Redevelopment Plan is adopted (which date shall be June 28, 1989) is excluded from eminent domain for so long as that owner occupies the residence. " The authority to acquire real property is general and the Plan contains no specific list or description of property that may be acquired by purchase, eminent domain or other method, because no such specific property is known at this time. Should such acquisition become necessary in the future to carry out a redevelopment project, the Agency will meet all requirements of law, including notification as to intent at that time. Sincerely, REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK Steven Kueny Executive Director 1PHMad St.Acg01_FNL 1 4.07 /10/07 141 REDEVELOPMENT AGENCY of the City of Moorpark 799 Moorpark Avenue Moorpark, California 93021 (805) 517 -6200 DECLARACION CON RESPECTO A ADQUISICION Estimado Dueno de Propiedad /Contribuyente, Como se describe en la notificaci6n publica incluida en esta correspondencia, la ciudad de Moorpark y la Agencia de Reurbanizaci6n de la Ciudad de Moorpark (la "Agencia ") estan en el proceso de preparar y considerar para su aprobaci6n y adopci6n la Enmienda No. 2 (la "Enmienda ") al Plan de Reurbanizaci6n para el Proyecto de Reurbanizaci6n de Moorpark (el "Plan" y el "Proyecto" respectivamente). La adopci6n de la Enmienda por el Concejo Municipal restableceria la autoridad de la Agencia de adquirir propiedad por dominio eminente por un periodo adicional de 12 anos. Como parte del proceso de enmienda del plan de reurbanizaci6n, la Ley de Reurbanizaci6n Comunitaria de California (CCRL- por sus siglas en ingl6s; Secci6n 33000 et seq. del c6digo de Salud y Seguridad) requiere que la Agencia le proporcione a usted esta "Declaraci6n con Respecto a Adquisici6n," a cada contribuyente cuya propiedad estaria sujeta a adquisici6n o dominio eminente bajo el Plan. Un Comite del Proyecto de Area (PAC) fue elegido por miembros de la comunidad del area del proyecto para revisar y hacer recomendaciones respecto a la Enmienda. El 8 de junio de 2006, el PAC recomend6 que la autoridad restablecida de la Agencia para hacer use del dominio eminente por 12 anos adicionales sea la misma autoridad ahora codificada en el Plan, la cual dice: "(Secci& 403) Adquisici6n de Proviedad Real. La Agencia puede comprar, arrendar, obtener o adquirir interes en propiedad real ubicada dentro del Area del Proyecto por regalia, testamento, intercambio, compra o cualquier otro medio autorizado por ley incluyendo el use del dominio eminente con motivo de la reurbanizaci6n. La Adquisici6n de propiedad generalmente se lograra por negociaciones en cooperacidn entre el dueno de tal propiedad y la Agencia. Las siguientes restricciones son aplicables a la autoridad de dominio eminente de la Agencia: 1. Toda propiedad en zona residencial es excluida del dominio eminente. 2. Toda propiedad en zona comercial o industrial que contiene una estructura residencial (casa) y es ocupada por el dueno en el momento en el cual se adopta el Plan de Reurbanizaci6n (la fecha sera el 28 de junio de 1989) es excluida del dominio eminente mientras que el dueno ocupe la residencia. El poder de comprar propiedad real es general y el Plan no contiene una lista o descripci6n especifica de la propiedad que se vaya a adquirir por compra, dominio eminente, o algun otro m6todo, porque tal propiedad espec(fica no es conocida en el presente. Si tal adquisici6n fuera necesaria en el futuro para Ilevar a cabo un proyecto de reurbanizaci6n, la Agencia cumplira con todos los requisitos de ley, incluyendo notificaci6n en cuanto a su intenci6n en ese momento. Atentamente, AGENCIA DE REURBANIZACION DE LA CIUDAD DE MOORPARK Steven Kueny Director Ejecutivo J PHMaiI_Spanish StmAtq llm 07110107 f—,) Proposed Amendment No. 2 to the Redevelopment Plan for the Moorpark Redevelopment Project Redevelopment Agency of the City of Moorpark Community Redevelopment Workshops September 6. 2007 & September 1'. 2007 7.00 pro Presented by Urban Futures, Inc. R Culler Principal Purposes of Redevelopment • Encourage Economic Development • Improve Infrastructure & Community Facilities • Promote Job Creation • Facilitate General Plan Implementation Community Facilities - Human Services Center • 10.000 sq ft health clink (to be, built) — High Street Arts Center • Thousands of people have vlsl ed the Arts Cen_m ano downtown Moorpark! r� Ali ti 0/ Project Area Map Sample Redevelopment Activit • Housing - To assist in the preservation and addition of affordable housing - To assist first time home buyers - To provide deferred interest rate loans To manages programs such as CalHome program • Job Creation • General Plan Implementation Purpose of Amendment No. 2 Reactivate Limited Eminent Domain Authority for Possible use in Project Area - Previous Authority expired in July 2001 Limiting Provisions — Same as in Ordinance No. 111 (adopted July 5, 1989) Excludes property zoned residential Excludes all property zoned commercial or industrial with an owner occupied residential structure (same owner since the Redevelopment Plan was adopted June 28. 1989) — Amended Authority would last 12 years — Additionally • No specific parcels have been identified for acquisition • To date, the Agency has not used eminent domain • Required eminent domain'program' — Ordinance No 35'. (adopted June 20.2007) Why Eminent Domain? • Can help facilitate job creation, capital investment, needed City projects, and growth in City tax base • By law the Agency is required to make every reasonable effort to acquire property expeditiously by negotiated purchase (precondemnation) By law the Agency is required to make every reasonable effort to acquire property expeditiously by negotiated purchase (precondemnation) Appraisals are required Owners always have the right to: - Challenge the Agency's decision to acquire their property for public use - A jury trial on the amount of just compensation Process Summary Agency Initiated Amendment No. 2 Process — June 15, 2005 City Council Establishes a Project Area Committee (PAC) — September 15. 2005 PAC Meeting to Elect Members — October 20, 2005 Five PAC Meetings to Discuss Amendment — November 17, 2006, through May 18, 2006 PAC Recommends Reinstating Limited Eminent Domain Authority — June 8. 2006 Two PAC Meetings to Discuss Amendment Updates — December 21. 2006. and September 4. 2007 Eminent Domain — Restrictions and Process Requirements • Government right to purchase private property only for a public purpose (public purpose includes eliminating blight through economic development projects) and only upon payment of just compensation (fair market value) Summary of Condemnation Procedures • Resolution of necessity; hearing; notice (2 /3rd vote required) • The complaint • Order for possession • Owner compensation • Trial • Judgment and appeal THIS PAGE INTENTIONALLY LEFT BLANK t i f low Any Top ilf? ik . ....... URBAN FUTURES INCORPORATED Finance • Redevelopment • Implementation • Planning June 24, 2004 Dear Governing Board: For your information the Redevelopment Agency of the City of Moorpark (the "Agency ") is providing this courtesy notice that it has begun the process of preparing an amendment (the "Amendment ") to the Redevelopment Plan (the "Plan ") for the Moorpark Redevelopment Project (the "Project ") in accordance with the procedures promulgated in Chapter 4, Article 12, commencing with Section 33450 of the California Community Redevelopment Law (CCRL; California Health and Safety Code, Section 33000 et seq.). The sole purpose of the Amendment is to reinstate the Agency's eminent domain authority within the Project Area for possible future use to acquire one or more properties on which no persons reside. Included herewith is a map of Project boundaries. For the 1,217 -acre Project, as adopted by City Ordinance No. 110, on July 5, 1989 and subsequently amended, Fiscal Year 1988 -89 will continue to be the base year assessment roll for the allocation of taxes pursuant to CCRL Section 33670; the Amendment does not propose any fiscal changes. The date of the Agency /City Council joint public hearing on the Amendment and related environmental issues will be provided to the County and other affected entities, as required by the CCRL, when the date of said hearing has been formally set. URBAN FUTURES, INC. 4Advis s to the Redevelopment Agency of the City of Moorpark Ae_,� L. Myhra Planner Crestview Corporate Center - 3111 N. Tustin Avenue, Suite 230, Orange, CA 92865 -1753 Tel: (714) 283 -9334 Fax: (714) 283 -9319 e-mail: planning @urbanfuturesinc.com Z: \OODRAFT\Moorpark \SOP_Courtesy p2(rl).wpd jlm 6/4/04 MOORPARK 002 Ventura County Assessor Hugh Riley, Asst City Manager Labels - Taxing 800 S. Victoria Ave City of Moorpark 06/21/04; Ventura, CA 93009 799 Moorpark Ave Moorpark, CA 93021 MP002-TAX-SOP Ventura County Public Works 800 S. Victoria Ave Ventura, CA 93009 MP002 TAX -SOP Ventura County Superintendent Of Schools 5189 Verdugo Way Camarillo, CA 93072 MP002 TAX -SOP Calleguas Municipal Water Dist 2100 Olson Road Thousand Oaks, CA 91360 MP002 TAX -SOP Ventura County Flood Control 800 S. Victoria Ave Ventura, CA 93009 02-TAX-SOP 1 ¢- C-1w, Ls MP002-TAX-SOP Ventura County Auditor 800 S. Victoria Ave Ventura, CA 93009 MP002 TAX -SOP Moorpark Unified School Dist. 5297 Maureen Ln Moorpark, CA 93021 MP002 TAX -SOP Ventura County Fire Protection Dist. 165 Drury Camarillo, CA 93010 MP002 TAX -SOP Ventura County Library 646 Country Square Dr, 4150 Ventura, CA 93003 MP002-TAX-SOP MP002-TAX-SOP Ventura County Water Dist. 7150 Walnut Canyon Rd, Box 250 Moorpark, CA 93020 MP002-TAX-SOP John F. Johnston, County Exec Ofcr Ventura County Hall of Administration 800 S. Victoria Avenue Ventura, CA 93009 MP002-TAX-SOP Ventura County Community College District 333 Skyway Drive Camarillo, CA 93010 MP002 TAX -SOP State Board of Equalization Tax Area Services Section 450 N Street, Mic -59; Box 942879 Sacramento, CA 94279 -0059 MP002 TAX -SOP Prepared By- Urban Futures, Inc. Pro jsec -f Area Moorpark Redevelopment Agency MP-AB1290 URBAN FUTURES INCORPORATED Finance • Redevelopment • Implementation - Planning August 17, 2007 To Whom It May Concern: Pursuant to the provisions of the California Community Redevelopment Law, you are hereby notified that the Moorpark Redevelopment Agency is continuing to process the proposed Amendment No. 2 to the Redevelopment Plan ( "Amendment No. 2" and the "Plan," respectively) for the Moorpark Redevelopment Project (the "Project" or the "Project Area," as applicable), for the purpose of reinstating the Plan's limited eminent domain provision for possible use in the Project Area. Accordingly, the following information relative to the adoption of Amendment No. 2 is transmitted herewith: Notice of Joint Public Hearing; 2. Map of the Project Area (included with the Notice of Joint Public Hearing). Sincerely, URBAN FUTURES, INC. Advisors to the Moorpark Redevelopment Agency Ryan Bensley Planner Enclosures Crestview Corporate Center - 3111 N. Tustin Avenue, Suite 230, Orange, CA 92865 -1753 Tel: (714) 283 -9334 Fax: (714) 283 -9319 e-mail: planning@urbanfuturesinc.com ZA00PLN ACTIVE\MOORPARK\ 002\JPHBIN DER DOCS \TAB_7B \LTR01_NJPH_FNL.DOC rb 8/09/07 NOTICE OF JOINT PUBLIC HEARING NOTICE OF JOINT PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF MOORPARK AND THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK ON APPROVAL AND ADOPTION OF THE PROPOSED AMENDMENT NO.2 TO THE REDEVELOPMENT PLAN FOR THE MOORPARK REDEVELOPMENT PROJECT AND NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT RELATED THERETO NOTICE IS HEREBY GIVEN that a joint public hearing will be held before the City Council of the City of Moorpark (the "City Council ") and the Redevelopment Agency of the City of Moorpark (the "Agency ") in accordance with the requirements of the California Community Redevelopment Law (CCRL; Health and Safety Code Section 33000 et seq. ): DATE OF HEARING: September 19, 2007 TIME OF HEARING: 7:00 p.m., or as soon thereafter as possible PLACE OF HEARING: Moorpark City Council Chambers 799 Moorpark Avenue Moorpark, CA 93021 The purpose of this hearing is to consider approval and adoption of the proposed Amendment No. 2 (the "Amendment") to the Redevelopment Plan for the Moorpark Redevelopment Project (the Plan" and the "Project," respectively), and to consider adoption of the Mitigated Negative Declaration of Environmental Impact (the "Mitigated Negative Declaration ") pertaining to the Amendment. The sole purpose of the Amendment is to reinstate, for an additional 12 -year period, the Agency's eminent domain authority. More specifically, that authority (as approved by the Moorpark voters) is limited to acquisition of properties within the Project Area that are zoned commercial and industrial. All property zoned residential is excluded from eminent domain. Further, all property zoned commercial or industrial that has a residential structure (house) on it and is owner occupied at the time the Redevelopment Plan was adopted is excluded from eminent domain for so long as that owner occupies the residence It is anticipated that the Amendment will permit the Agency to more effectively continue its efforts to promote and implement long -term community redevelopment projects and programs which help to lessen or eliminate existing blight and prevent the spread of new blight within the Project Area. These projects and programs may include, but not necessarily be limited to: construction of new and upgrading existing public facilities and infrastructure, promoting and facilitating economic development and job growth, and providing additional affordable housing opportunities within the Project Area and the larger community. Other than reinstating the Plan's eminent domain provision as a planning and administrative tool, the Amendment makes no changes to the Plan. NOTICE IS FURTHER HEREBY GIVEN that, in accordance with the California Environmental Quality Act (CEQA), the Community Development Director has determined through the preparation of an Initial Study that the Amendment will not have a significant effect on the environment with the inclusion of mitigation measures and, therefore, a Mitigated Negative Declaration has been prepared for the Amendment. The City Council and the Agency will, at the same time and place, hold a joint public hearing to consider adoption of the Mitigated Negative Declaration. The Initial Studyand Environmental Checklist for the Project, and the related Mitigated Negative Declaration of Environmental Impact are available for public inspection from the date of this notice until 5:00 p.m. of the date of the joint public hearing. Written comments must be submitted to the Agency through the City Clerk's Office located at Moorpark City Hall, 799 Moorpark Avenue, Moorpark, CA 93021 by U.S. Mail or in person no later than 5:00 p.m. on the date of the joint public hearing. All evidence and testimony received in writing or presented orally at the joint public hearing, for or against approval of the Mitigated Negative Declaration will be considered by the City Council and the Agency. At the day, hour and place of said joint public hearing, any and all persons desiring to comment on, or having objections to, the content or adequacy of the Mitigated Negative Declaration may appear and be heard before the City Council and the Agency Board. All persons having objections to the Amendment, Mitigated Negative Declaration, or to the regularity of any of the prior proceedings related to the Amendment or the Mitigated Negative Declaration, may submit written comments/objections and /or may appear at the joint public hearing of the Agency and City Council and show cause why the Amendment should not be adopted. At any time no later than 5:00 p.m. on the date of the joint hearing, any person or organization may file a written statement with the City Clerk of the City of Moorpark of his /her /its objections to adoption of the Amendment. Any person or organization desiring to be heard will be given an opportunity to be heard at the joint public hearing. At the aforesaid hour, the City Council and the Agency shall proceed to hear and pass upon all written and oral objections to the Amendment, prepared in accordance with the CCRL, and proceed to hear -and pass upon all oral and written objections to the Mitigated Negative Declaration and related matters. The Agency and the City Council shall consider all evidence and testimony for and against approval and adoption of the Amendment. NOTICE IS FURTHER HEREBY GIVEN to any person or organization who desires to present objections to adoption of the Amendment, or allegations of noncompliance with CCRL, CEQA, or other applicable laws, that such person or organization may be precluded from raising such issue(s) in a subsequent legal action or proceeding challenging the Amendment unless the objections or alleged grounds for noncompliance were presented by the person or organization in writing no later than 5:00 p.m. on the date of the joint public hearing, or were presented orally at the joint public hearing. A map of the Project Area is attached to this Notice and is available for viewing online at www.ci.moorpark.ca.us. A legal description of the Project Area was recorded on July 12, 1989, as Instrument No. 198907120115141, Volume Page 1989 0108897 at the Ventura County Recorder's Office, 800 S. Victoria Avenue, Ventura, CA 93009 -1260; and is also available for public review at the City Clerk's Office, at the address below, Monday through Friday, 8:00 a.m. to 5:00 p.m. A copy of the legal description is available, upon request. In order to give all interested citizens in the Project Area an opportunity to fully understand the redevelopment plan amendment process, the Agency has scheduled the following informational workshops: Dates: September 6 & 11, 2007 Time: 7:00 p.m. Place: Moorpark City Council Chambers 799 Moorpark Avenue Moorpark, CA 93021 NOTICE IS FURTHER HEREBY GIVEN that interested persons may review the Plan, the Amendment, the Negative Declaration and related Initial Study and Environmental Checklist, and other information pertaining to the Plan and /or the Amendment at the City Clerk's Office. The Agency's Report to the City Council on the Amendment will be presented at the joint public hearing and should be available for public review prior to the joint public hearing date. Any person or organization having specific questions regarding the Amendment or the related Mitigated Negative Declaration may contact David Moe, Redevelopment Manager at (805) 517 -6217, or by email, dmoefti.moorpark.ca.us. Written objections must be submitted to the Agency through the City Clerk's Office, Moorpark City Hall, 799 Moorpark Avenue, Moorpark, CA 93021 no later than 5:00 p.m. on the date of the joint public hearing. Deborah S. Traffenstedt, City Cler c Date Published: August 29, September 5, and September 12, 2007 Mailed: August 17, 2007 ATTENTION: The City has prepared an informational booklet entitled Citizens Guide to Understanding Redevelopment, which answers some of the most commonly asked questions about redevelopment. A copy of the booklet, is available, free of charge, at the Agency's offices, Moorpark City Hall, 799 Moorpark Avenue, Moorpark, CA 93021 and on the Agency's website at www.ci.moorpark.ca.us. v� P�Fo MOORPARK REDEVELOPMENT PROJECT PROJECT AREA MAP Projezt Area Boundaries ......••• Project Area Division Lines F�\ SCALE 500. 1000 1500 leel This map was originally produced in 1988 and may not include current subdivisions. Attachment A Administration Roger Blaise, Manager Assistant City Manager Calleguas Municipal Water District Vector Control District City of Moorpark 2100 Olsen Road City of Moorpark 799 Moorpark Ave. Suite 215 Thousand Oaks, CA 91360 799 Moorpark Ave. Moorpark, CA 93021 (A- TA)(_NJPHI Moorpark, CA 93021 (MP002TAX_NJPHj [MP002_TAX_NJPHj City Clerk City of Moorpark 799 Moorpark Ave. Suite 213 Moorpark, CA 93021 [MP002TAX_NJPHj Tax Area Services Section State Board of Equalization 450 N Street, MIC: 59 P.O. Box 942879 Sacramento, CA 94279 -0059 (MP002_TAX_NJPHj Hall of Administration Ventura County Auditor - Controller 800 S. Victoria Ave. Ventura, CA 93009 [MP002_TAX_NJPHj Jeffery Kightlinger, General Manager Metropolitan Water District of So. California P.O. Box 54153 Los Angeles, CA 90054 -0153 [MP002_TAX_NJPHj Chief Deputy Executive Officer County Executive Office Ventura County 800 S. Victoria Ave. Ventura, CA 93009 (MP002_TA)(_NJPHj Philip J. Schmit Ventura County Clerk Division 800 S. Victoria Ave. Ventura, CA 93009 (MP002_TA)(_NJPHj Director Director Ventura County Community College District Ventura County Fire Protection District 255 W. Stanley Ave. Suite 150 165 Durley Ave. Ventura, CA 93001 Camarillo, CA 93010 (MP002_TA)(_NJPH1 [MP002TAX_NJPHj Superintendent Moorpark Unified School District 5297 Maureen Lane Moorpark, CA 93021 [MP002_TAX_NJPHj Ventura County Assessor 800 S. Victoria Ave. Ventura, CA 93009 (MP002_TA)(_NJPHj Director Ventura County College Child Center 4667 Telegraph Road Ventura, CA 93003 [MP002_TAX_NJPHj Administration Ventura County Library 646 County Square Drive #150 Ventura, CA 93003 [MP002_TAX_NJPHj Co,...y Superintendent of Schools Philip J. Schmit Jeff Pratt, Director Ventura County Office of Education Ventura County Recorder's Office Ventura County Watershed District 5189 Verdugo Way 800 S. Victoria Ave. 800 S. Victoria Ave. Camarillo, CA 93012 Ventura, CA 93009 Ventura, CA 93009 (MP002_TAX_NJPHj [MP002_TAX_NJPHj [MP002_TAx_NJPHj Caltrans District 7 California Department of Fish and Game Metropolitan Water District of So. Cal. Calif. Dept. of Transportation 1416 Ninth St. PO Box 54153 120 S. Spring St. Sacramento, CA 95814 Los Angeles, CA 90054 -0153 Los Angeles, CA 90012 [MP002_ENV_NJPH] JMP002_ENV_NJPHI [MP002_ENV_NJPH] So. Calif. Assn. of Governments (SCAG) 818 W. 17th St., 12th Floor Los Angeles, CA 90017 [MP002_ENV_NJPH] Attn: Jacki Bacharach Ventura Council of Governments 5033 Rockvalley Road Rancho Palos Verdes, CA 90275 [MP002ENV_NJPH] Ventura County Air Pollution Control District 669 County Square Dr. Ventura, CA 93003 [MP002_ENV_NJPHj Ventura County Transportation Commission Emilio Espinoza, Jr. Wally Bobkiewicz 950 County Square Dr., #207 51 Majestic Ct. #504 Ventura Council of Governments Ventura, CA 93003 Moorpark, CA 93021 970 Ventura Street [MP002_ENV_NJPH] [MP002_ENV_NJPH] Santa Paula, Ca 93060 [MP002_ENV_NJPH] i 8 Agency Resolution Approving the Report to Council and Transmitting Said Report and Amendment No. 2 to the City Council e t t i 8 Agency Resolution Approving the Report to Council and Transmitting Said Report and Amendment No. 2 to the City Council RESOLUTION NO. 2007- A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING ITS REPORT TO THE CITY COUNCIL PREPARED FOR THE PROPOSED AMENDMENT NO. 2 TO THE REDEVELOPMENT PLAN FOR THE MOORPARK REDEVELOPMENT PROJECT AND AUTHORIZING TRANSMITTAL OF SAID REPORT TO THE CITY COUNCIL OF THE CITY OF MOORPARK WHEREAS, the Redevelopment Agency (the "Agency ") of the City of Moorpark (the "City ") is a duly constituted redevelopment agency under the laws of the State of California and pursuant to such laws is responsible for the administration and implementation of redevelopment activities within the City; and WHEREAS, the Agency has prepared the proposed Amendment No. 2 to the Redevelopment Plan (the "Amendment" and the "Plan," respectively) for the Moorpark Redevelopment Project (the "Project" or "Project Area," as applicable) in accordance with the California Community Redevelopment Law (CCRL: Health and Safety Code, Sections 33000, et seq.); and WHEREAS, the Amendment reinstates the Agency's eminent domain authority within the Project Area for an additional 12 -year period as permitted under CCRL Section 33333.4(g)(2), which initial authority expired on July 5, 2001; and WHEREAS, the Agency has caused to be prepared and has reviewed the Report to the City Council (the "Report") regarding the Amendment pursuant to CCRL Section 33352; and WHEREAS, the Report and other materials contained in the Agency's record of proceedings (the "Record ") with regard to the Amendment have been previously submitted to and reviewed by the Agency. NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The above recitals are true and correct, and are a substantive part of this resolution. SECTION 2. The Agency approves and adopts the Report, included in the Record, which is made a part hereof by this reference. SECTION 3. The Executive Director of the Agency is hereby authorized and directed to transmit the Report, the Amended Plan, and all other contents of the Record to the City Council of the City. SECTION 4. The Agency Secretary shall certify to the passage and adoption of this resolution and it shall thereupon take effect and be in force, and shall cause a certified resolution to be filed in the book of original resolutions. Honorable City Council /Agency Board September 19, 2007 Page 2 of 2 PASSED AND ADOPTED this 19th day of September 2007: ATTEST: Patrick Hunter, Chair Deborah S. Traffenstedt, Agency Secretary 2 RESOLUTION NO. 2007 - A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION FOR AMENDMENT NO. 2 TO THE MOORPARK REDEVELOPMENT PLAN TO REINSTATE EMINENT DOMAIN AUTHORITY FOR AN ADDITIONAL TWELVE YEARS WHEREAS, on July 24, 2007, the Planning Commission adopted Resolution No. PC- 2005 -522, recommending that the City Council adopt a Mitigated Negative Declaration and approve Amendment No. 2 to the Moorpark Redevelopment Plan to reinstate the Redevelopment Agency of the City of Moorpark's eminent domain authority for an additional twelve years as restricted by Ordinance 111 ( "Amendment "); and WHEREAS, the proposed Mitigated Negative Declaration was made available for public review and comment from August 20, 2007 to September 19, 2007; and WHEREAS, at a duly noticed joint public hearing on September 19, 2007, the Redevelopment Agency of the City of Moorpark ( "Agency ") considered the agenda report for the Amendment, supplements thereto and written public comments; opened the public hearings and took and considered public testimony both for and against the proposals, closed the public hearings and reached decisions on this matter; and WHEREAS, the Agency has read, reviewed, and considered the proposed Mitigated Negative Declaration prepared for the Amendment. NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. ENVIRONMENTAL DOCUMENTATION: The Agency finds and declares as follows: A. The Mitigated Negative Declaration and Initial Study prepared for this Amendment, attached as Exhibit A, are complete and have been prepared in compliance with CEQA, and City CEQA Procedures. B. The Agency has independently reviewed and analyzed the information in the environmental document in its deliberations of Amendment No. 2 to the Moorpark Redevelopment Plan before making a decision concerning the Amendment and the Mitigated Negative Declaration. C. The Mitigation Measures have been incorporated into Amendment No. 2 to the Redevelopment Plan. Resolution No. 2007 - Page 2 D. The Mitigated Negative Declaration reflects an independent judgment and analysis of the City of Moorpark, as lead agency. SECTION 2. ADOPTION OF MITIGATED NEGATIVE DECLARATION: The Mitigated Negative Declaration prepared in connection with the Amendment is hereby adopted. SECTION 3. CERTIFICATION OF ADOPTION: The Agency Secretary shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this 19th day of September, 2007. Patrick Hunter, Chair ATTEST: Deborah S. Traffenstedt, Agency Secretary Attachment: Exhibit A — Mitigated Negative Declaration (Tab 4) \ I 11 i I 7 1: :: . _ ., RESOLUTION NO. 2007- A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK, CALIFORNIA, MAKING AND APPROVING CERTAIN FINDINGS AND APPROVALS UNDER SECTION 33333.4(g)(2) OF THE CALIFORNIA COMMUNITY REDEVELOPMENT LAW REGARDING THE PROPOSED AMENDMENT NO. 2 TO THE REDEVELOPMENT PLAN FOR THE MOORPARK REDEVELOPMENT PROJECT AND RECOMMENDING AMENDMENT ADOPTION TO THE CITY COUNCIL OF THE CITY OF MOORPARK WHEREAS, the Redevelopment Agency of the City of Moorpark (the "Agency ") is a duly constituted redevelopment agency under the laws of the State of California, specifically, the California Community Redevelopment Law (CCRL; Health and Safety Code, Section 33000, et seq.), and the Agency is responsible for the administration and implementation of redevelopment activities within the City of Moorpark (the "City "); and WHEREAS, on July 5, 1989 by Ordinance No. 110, the City Council of the City of Moorpark (the "City Council" and the "City," respectively) adopted the Redevelopment Plan (the "Plan ") for the Moorpark Redevelopment Project (the "Project ") and, on the same date, amended the Plan by Ordinance No. 111 ( "Amendment No. 1 ") to re -enact restrictions on the Agency's eminent domain authority in order to submit that specific portion of the Plan to the City's voters for approval; and on November 7, 1989, the voters approved Ordinance No. 111, which was subsequently made effective by the City Council by Resolution No. 89- 623 on December 6, 1989; and WHEREAS, the initial 12 -year term of the Agency's eminent domain authority expired July 5, 2001 and, in accordance with CCRL Section 33333.4(g)(2), this time limitation may be extended only by a redevelopment plan amendment; and WHEREAS, in accordance with Article 12 of the CCRL, commencing with Section 33450, and as specifically permitted by CCRL Section 33333.4(g)(2), the Agency has prepared the proposed Amendment No. 2 to the Plan for the Project for the sole purpose of re- activating its eminent domain authority, as authorized and restricted by Ordinance No. 111, for an additional 12 -year time period, or until September 19, 2019; and WHEREAS, for redevelopment plans adopted on or after October 1, 1976 and before January 1, 1994, and in accordance with Senate Bills 53 and 1210 effective January 1, 2007, CCRL Section 33333.4(g)(2) requires that before the time limitation for commencement of eminent domain proceedings can be extended, the Agency must, based on substantial evidence, make specific findings with respect to remaining blight in the Project Area; and WHEREAS, as part of the process of preparing Amendment No. 2, a Project Area Committee (PAC) was elected pursuant to CCRL procedures and on June 8, 2006, after Honorable City Council /Agency Board September 19, 2007 Page 2 of 3 considering input from Project Area residents, businesses and community organizations, the PAC recommended that the Agency's authority to use eminent domain be restricted by Ordinance No. 111, among other recommendations; and WHEREAS, in accordance with the California Environmental Quality Act (CEQA) and the City's adopted CEQA procedures, the Community Development Director of the City has determined through the preparation of an Initial Study that Amendment No. 2 will not have a significant effect on the environment with the inclusion of mitigation measures and, therefore, a Mitigated Negative Declaration has been prepared for Amendment No. 2; and WHEREAS, the Planning Commission of the City has reviewed the Mitigated Negative Declaration and proposed Amendment No. 2 and, by its Resolution 2007 -522 adopted July 24, 2007, approved and transmitted its report and recommendation to the Agency and City Council, finding and determining that Amendment No. 2 does not affect and, furthermore, is consistent with the City's General Plan; and WHEREAS, the Agency has reviewed and approved the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program prior to its consideration of Amendment No. 2 approval and recommendation to the City Council; and WHEREAS, the Agency has caused to be prepared and has reviewed and approved its Report to the City Council ( "Report to Council ") on Amendment No. 2 in accordance with the requirements of CCRL Sections 33457.1 and 33352, as warranted; and WHEREAS, public notice having been duly given in accordance with law, a full and fair public hearing has been held regarding the Mitigated Negative Declaration and Amendment No. 2, and the Agency has considered all written and all oral comments and testimony relating thereto and has been fully advised thereon; and WHEREAS, the Agency has taken all other actions required by law to prepare and present Amendment No. 2. NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK RESOLVES AS FOLLOWS: SECTION 1. The above recitals are true and correct and are a substantive part of this resolution. SECTION 2. In accordance with the requirements of CCRL Section 33333.4(g)(2), the Agency hereby finds and determines, based on substantial evidence in the record before it, as follows: a. Significant blight remains within the Project Area. This finding is based, in part, on the facts and information contained in the Report to Council, Sections 3.2 through 3.4 of the Report to Council. 2 Honorable City Council /Agency Board September 19, 2007 Page 3 of 3 b. This blight cannot be eliminated without the use of eminent domain. This finding is based, in part, on the facts and information contained in the Report to Council, Section 4.2. SECTION 3. The Agency approves Amendment No. 2 and all related documents, correspondence and transmittals related to Amendment No. 2, copies of which are on file in the office of the City Clerk. SECTION 4. The Agency hereby recommends approval and adoption of Amendment No. 2 to the City Council. SECTION 5. The Secretary shall certify to the passage and adoption of this resolution, whereupon it shall take immediate effect and be in force, and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this 19th day of September 2007. ATTEST: Patrick Hunter, Chair Deborah S. Traffenstedt, Agency Secretary 3 RESOLUTION NO. 2007 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION FOR AMENDMENT NO. 2 TO THE MOORPARK REDEVELOPMENT PLAN TO REINSTATE EMINENT DOMAIN AUTHORITY FOR AN ADDITIONAL TWELVE YEARS WHEREAS, on July 24, 2007, the Planning Commission adopted Resolution No. PC- 2005 -522, recommending that the City Council adopt a Mitigated Negative Declaration and approve Amendment No. 2 to the Moorpark Redevelopment Plan to reinstate the Redevelopment Agency of the City of Moorpark's eminent domain authority for an additional twelve years as restricted by Ordinance 111 ( "Amendment "); and WHEREAS, the proposed Mitigated Negative Declaration was made available for public review and comment from August 20, 2007 to September 19, 2007; and WHEREAS, at a duly noticed joint public hearing on September 19, 2007, the City Council considered the agenda report for the Amendment, supplements thereto and written public comments; opened the public hearings and took and considered public testimony both for and against the proposals, closed the public hearings and reached decisions on this matter; and WHEREAS, the City Council has read, reviewed, and considered the proposed Mitigated Negative Declaration prepared for the Amendment.. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. ENVIRONMENTAL DOCUMENTATION: The City Council finds and declares as follows: A. The Mitigated Negative Declaration and Initial Study prepared for this Amendment, attached as Exhibit A, are complete and have been prepared in compliance with CEQA, and City CEQA Procedures. B. The City Council has independently reviewed and analyzed the information in the environmental document in its deliberations of Amendment No. 2 to the Moorpark Redevelopment Plan before making a decision concerning the Amendment and the Mitigated Negative Declaration. C. The Mitigation Measures have been incorporated into Amendment No. 2 to the Redevelopment Plan. Resolution No. 2007 - Page 2 D. The Mitigated Negative Declaration reflects an independent judgment and analysis of the City of Moorpark, as lead agency. SECTION 2. ADOPTION OF MITIGATED NEGATIVE DECLARATION: The Mitigated Negative Declaration prepared in connection with the Amendment is hereby adopted. SECTION 3. CERTIFICATION OF ADOPTION: The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this 19th day of September, 2007. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk Attachment: Exhibit A — Mitigated Negative Declaration (Tab 4) S R iF ORDINANCE NO. 351 AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, CONTAINING A DESCRIPTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK'S PROGRAM TO ACQUIRE REAL PROPERTY BY EMINENT DOMAIN IN THE MOORPARK REDEVELOPMENT PROJECT AREA WHEREAS, the City Council of the City of Moorpark, California ( "City Council ") adopted Ordinance No. 110 on June 7, 1989, approving and adopting the Redevelopment Plan for the Moorpark Redevelopment Project Area (the "Redevelopment Plan "); and WHEREAS, the Redevelopment Agency of the City of Moorpark ( "Agency ") has been designated as the official redevelopment agency in the City of Moorpark to carry out the functions and requirements of the Community Redevelopment Law of the State of California (Health and Safety Code Section 33000 et seq.) and to implement the Redevelopment Plan; and WHEREAS, the City Council adopted Ordinance No. 111 on July 5, 1989, restricting the Agency's authority to utilize eminent domain; and WHEREAS, Section 403 of the Redevelopment Plan contains the Agency's authority to acquire property by eminent domain; and WHEREAS, Section 33342.7 of the Health and Safety Code, which was added by Senate Bill 53 ( "SB 53 "), which took effect on January 1, 2007, requires a legislative body that adopted a redevelopment plan containing eminent domain authority before January 1, 2007, to adopt an ordinance on or before July 1, 2007, containing a description of the agency's program to acquire real property by eminent domain. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES ORDAIN AS FOLLOWS; SECTION 1. Pursuant to Section 33342.7 of the Health and Safety Code, a description of the Agency's program to acquire real property by eminent domain is set forth in Exhibit A, attached hereto and incorporated herein by this reference. The Agency's program to acquire real property by eminent domain may be amended only by amending the Redevelopment Plan pursuant to Article 12 of the Community Redevelopment Law (commencing with Health and Safety Code Section (33450). SECTION 2. The City Clerk is hereby directed to send a certified copy of this Ordinance to the Agency. Ordinance No. 351 Page 2 SECTION 3. If any section, subsection, sentence, clause, phrase, part or portion of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses, phrases, parts or portions be declared invalid or unconstitutional. SECTION 4. This Ordinance shall become effective thirty (30) days after its passage and adoption. SECTION 5. The City Clerk shall certify to the passage and adoption of this ordinance; shall enter the same in the book of original ordinances of said City; shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted; and shall, within fifteen (15) days after the passage and adoption thereof, cause the same to be published once in the Moorpark Star, a newspaper of general circulati , as define ' Section 6008 of the Government Code for the City of Moorpark, and ich is hereby desi ated for that purpog$. PASSED AND ADOPTE)S this 20th day of June, 2Q07 ATTEST: 1 J'fr Deborah S. Traffenstedt, Exhibit A Agency's program to acquire real property by eminent domain Ordinance No. 351 Page 3 EXHIBIT A THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK'S PROGRAM AND PROCESS TO ACQUIRE REAL PROPERTY IN THE MOORPARK PROJECT AREA BY USE OF EMINENT DOMAIN On July 5, 1989, the City Council adopted Ordinance 110 that was not to become effective unless and until approved by a majority of the voters. Ordinance No. 111 applied restrictions on the Agency's power of eminent domain authority within the Project Area. On July 19, 1989, the City Council, by its Resolution No. 89 -588, called for a special election to be held for the purpose of submitting Amendment No. 1 to the electorate for approval. A Special Municipal Election was held and conducted in the City on November 7, 1989, whereby the electorate approved the adoption of Ordinance No. 111, which was subsequently made effective by the City Council on December 6, 1989, by its Resolution No. 89 -623. As amended, the Plan excluded all property zoned residential and all property zoned commercial or industrial that had a residential structure on it which was owner occupied at the time the Plan was first adopted from the Agency's eminent domain authority. The Plan authorized the Agency to use eminent domain to acquire real property for a period of twelve years, which expired on July 4, 2001. Since July 4, 2001, the program and process to acquire property in the Plan does not authorize the Agency to use eminent domain. in the event the City Council approves and adopts an amendment changing the Plan to authorize the Agency to use eminent domain to acquire real property for an additional twelve year period, the program and process for the use of eminent domain by the Agency would follow all of the requirements of the CCRL. Ordinance No. 351 Page 4 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, Deborah S. Traffenstedt, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Ordinance No. 351 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 20th day of June, 2007, and that the same was adopted by the following vote: AYES: Councilmembers Mikos, Millhouse, Parvin, Vam Dam, and Mayor Hunter NOES: None ABSENT: None ABSTAIN: None WITNESS my hand and the official seal of said City this 6th day of July, 2007. 1 hereby certify, ender penalty of perjury, that this is a true and correct copy. of the eival document eounsdog of_ _4't p ges which is on file in this oRica Z :anted on �f /4- A007 at Moorpark, California. City Clerk's Oak* J G. °- Deborah S. Traffenstedt, City Clerk (seal) ORDINANCE NO. 202 AN ORDINANCE OF THE CITY OF MOORPARK AMENDING THE REDEVELOPMENT PLAN FOR THE MOORPARK REDEVELOPMENT PROJECT IN ACCORDANCE WITH HEALTH AND SAFETY CODE SECTION 33333.6 WHEREAS, the Moorpark Redevelopment Agency (the "Agency ") is a public body, corporate and politic, organized and existing under the Redevelopment Law of the State of California (Part 1 of Division 24 of the Health and Safety Code of the State of California); and WHEREAS, by enacting Ordinance No. 110 adopted on July 5, 1989, the City Council of the City of Moorpark adopted the Moorpark Redevelopment Plan for the Moorpark Redevelopment Project (the "Plan "); and WHEREAS, Assembly Bill 1290, which was enacted by the State of California and became Law, as Health and Safety Code Section 33000 et seg., the "CCRL"; unless otherwise expressly set forth or unless the context otherwise requires, all references to "Section" are Section(s) of the CCRL and required, in part, that redevelopment agencies impose new time limitations upon redevelopment plans adopted prior to December 31, 1993, and further required that legislative bodies of redevelopment agencies enact ordinances amending redevelopment plans adopted prior to January 1, 1994, to comply therewith; and WHEREAS, CCRL Section 33333.6(a)(1) provides: "The time limit on the establishing of loans, advances, and indebtedness adopted pursuant to paragraph (2) of subdivision (a) of Section 33333.2 or paragraph (2) of subdivision (a) of Section 33333.4 shall not exceed 20 years from the adoption of the redevelopment plan or January 1, 2004, whichever is later. This limit, however, shall not prevent agencies from incurring debt to be paid from the low and moderate income housing fund or establishing more debt in order to fulfill the agency's housing obligations under Section 33413.11; and WHEREAS, CCRL Section 33333.6(a)(2) provides: "The time limitation by this subdivision may be extended, only by amendment of the redevelopment plan, after the agency finds, based on substantial evidence that: (A) significant blight remains within the project area; and (B) this blight cannot be eliminated without the establishment of additional debt. However, this amended time limitation may not exceed 10 years from the time limit established pursuant to this subdivision or the time limit on the effectiveness of the plan established pursuant t: subdivision (b), whichever is earlier. "; and WHEREAS, CCRL Section 33333.6(b) provides: "The effectiveness of every redevelopment plan to which this section applies shall terminate at a date which shall not exceed 40 years from the adoption of the redevelopment plan or January 1, 2009, whichever is later. After the time limit on the effectiveness of the redevelopment plan, the agency shall have no authority to act pursuant to the redevelopment plan except to pay previously incurred indebtedness and to enforce existing covenants, contracts, or other obligations. "; and WHEREAS, CCRL Section 33333.6(c) provides: "Except as provided in subdivisions (g) and (h), a redevelopment agency shall not pay indebtedness or receive property taxes pursuant to Section 33670 after 10 years from the termination of the effectiveness of the redevelopment plan to subdivision (b) "; and WHEREAS, CCRL Section 33333.6(e)(1) provides: "Unless a redevelopment plan adopted prior to January 1, 1994, contains all of the limitations required by this section and each of these limitations does not exceed the applicable time limits established by this section, the legislative body, acting by ordinance on or before December 31, 1994, shall amend every redevelopment plan adopted on or before December 31, 1993, either to amend an existing time limit that exceeds the applicable time limit established by this section or to establish time limits that do not exceed the provisions of subdivision (a), (b), or (c Wl and WHEREAS, CCRL Section 33333.6(e)(2) provides: "The limitations established in the ordinance adopted pursuant to this section shall apply to the redevelopment plan as if the redevelopment plan had been amended to include those limitations. However, in adopting the ordinance required by this section, neither the legislative body nor the agency is required to comply with Article 12 (commencing with section 33450) or any other provision of this part relating to the amendment of redevelopment plans;" and WHEREAS, CCRL Section 33333.6(f)(1) provides: "If a redevelopment plan adopted prior to January 1, 1994, contains one or more limitations required by this section, and the limitation does not exceed the applicable time limit required by this section, this section shall not be construed to require an amendment of this limitation;" and WHEREAS, CCRL Section 33333.6(6 (2) provides: "A redevelopment plan adopted prior to January 1, 1994, that has a limitation shorter than the terms provided in this section may be amended to extend the limitation, within the applicable time limit established by this section, pursuant to Section 33354.6 ;" and --I- s WHEREAS, CCRL Section 33333.6(8) provides: "The limitations established in the ordinance adopted pursuant to this section shall not be applied to limit allocation of taxes to any agency to the extent required to eliminate project deficits created under subdivision (e) of Section 33320.5, subdivision (g) of Section 33334.6, or subdivision (d) of Section 33487, in accordance with the plan adopted pursuant thereof for the purpose of eliminating the deficits or to implement a replacement housing program pursuant to Section 33413. In the event of a conflict between these limitations and the obligations under Section 33334.6 or to implement a replacement housing program pursuant to Section 33413, the legislative body shall amend the ordinance adopted pursuant to this section to modify the limitations to the extent necessary to permit compliance with the plan adopted pursuant to subdivision (g) of Section 33334.6 and to allow full expenditure of moneys in the Agency's Low and Moderate Income Housing Fund in accordance with Section 33334.3 or to permit implementation of the replacement housing program pursuant to Section 33413. The procedure for amending the ordinance pursuant to this subdivision shall be the same as for adopting the ordinance under subdivision (e)."; and WHEREAS, CCRL Section 33333.6(h) provides: "This section shall not be construed to affect the validity of any bond, indebtedness, or other obligation, including any mitigation agreement entered into pursuant to Section 33401, authorized by the legislative body, or the agency pursuant to this part, prior to January 1, 1994. Nor shall this section be construed to affect the right of an agency to receive property taxes, pursuant to Section 33670, to pay the indebtedness or other obligation. "; and WHEREAS, CCRL Section 33333.6(i) provides: "A redevelopment agency shall not pay indebtedness or receive property taxes pursuant to Section 33670, with respect to a redevelopment plan adopted prior to January 1, 1994, after the date identified in subdivision (c) or the date identified in the redevelopment plan, whichever is earlier, except as provided in paragraph (2) of subdivision (f) or in subdivision (h) "; and WHEREAS, CCRL Section 33333.6(j) provides: "The legislature finds and declares that the amendments made to this section by the act that adds this subdivision are intended to add limitations to the law on and after January 1, 1994, and are not intended to change or express legislative intent with respect to the law prior to that date. It is not the intent of the legislature to affect the merits of any litigation regarding the ability of a redevelopment agency to sell bonds for a term that exceeds the limit of a redevelopment plan pursuant to taw that existed prior to January 1, 1994 "; and WHEREAS, CCRL the Plan as previously adopted by the Agency, currently contains certain time limitations which may not accord with those time limitations required by CCRL Section 33333.6; and WHEREAS, the City of Moorpark (the "City ") is adopting this ordinance to amend certain time limitations of the Plan, as more particularly provided below, to comply with the time limitations pursuant to Section 33333.6. NOW, THEREFORE, the City Council of the City of Moorpark does ordain as follows: Section 1. Except to the extent a longer period of time may be allowed pursuant to CCRL Section 33333.6 or other provisions of the CCRL as it exists now or may be amended, the time limitation to incur indebtedness under the Redevelopment Plan (Plan) is amended from twenty -five years from the date of adoption (July 2014) to twenty years from the date of adoption (July 2009). To the extent of a conflict this section shall take precedence over Section 602 of the plan. Section 2. Except to the extent a longer period of time may be allowed pursuant to CCRL Section 33333.6 or other provisions of the CCRL as it exists now or may be amended, the date at which the effectiveness of the Plan shall terminate is amended from forty -five years from the date of adoption (July, 2034) to forty years from the date of adoption (July, 2029). To the extent of a conflict this section shall take precedence over Section 900 of the Plan. Section 3. The time limitation to pay indebtedness or receive property taxes to pay debt under the Plan is ten years from the date of termination of the Plan except to the extent a longer period of time may be allowed pursuant to Section 33333.6 or other provisions of the CCRL as it exist; now or may be amended. Section 4. No action with respect to the time limitation set forth in CCRL Section 33333.6(a1 (2) is being taken at this time but the right to consider extension of the time limitation in the future as conditions within the project Area warrant is being reserved. Section 5. The City Council finds and determines amendments to the Plan as adopted by this Ordinance are in compliance with the time limitations set forth in 33333.6. Section 6. The Plan shall remain in full force and effect, unmodified except to the extent :)f those particular amendments expressly set forth in this Ordinance. 4 Section 7. The City Clerk is hereby authorized and directed to certify to the passage of the Ordinance and to cause the same to be published in a newspaper of general circulation which is published and circulated in the City of Moorpark. Section 8. This Ordinance shall be in full force and effect thirty (30) days after passage. PASSED AND ADOPTED at regu ar meeting of said City Council held the day of 1994. ATTEST: Lillian Hare c City Clerk City of Moorpark s0N159- 11/08/94 By: Paul La son Jr., Ayor City of Moorpark 5 MOORPARK 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, Lillian E. Hare, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Ordinance No. _ 02 was adopted by the City Council of the City of Moorpark at a meeting held on the 14th day of DI:CEMBEh_ , 1994, and that the same was adopted by the following vote: AYES: COUNCILMEMBERS HUNTER, 4ONTGOMEkY, WOZNIAK AND MAYOR LAWRASON NOES: NONE ABSENT: COUNCILMEMBER PEREZ ABSTAIN : NONE WITNESS my hand and the official seal of said City this 15th day of DECEMRI -R _ _. r 1994. Lillian E. Hare City Clerk PAUL W. LAWRASON JR. PATRICK HUNTER SCOTT MONTGOMERY BERNARDO M. PEREZ JOHN E. WOZNIAK Mayor Mayor Pro Tem Counc,,member Councilmember Concilmember Printed on Recycled oa:e ORDINANCE NO. 111 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOORPARK APPROVING AND ADOPTING THE FIRST AMENDMENT TO THE MOORPARK REDEVELOPMENT PLAN WHICH PROHIBITS THE USE OF EMINENT DOMAIN FOR CERTAIN RESIDENTIAL PROPERTY WITHIN THE PROJECT AREA AND SUBMITTING SAID AMENDMENT TO THE VOTERS THE CITY COUNCIL OF THE CITY OF MOORPARK DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council of the City of Moorpark finds, determines and declares that: A. On July 5, 1989 the City Council of the City of Moorpark adopted Ordinance No. 110 approving and adopting the Moorpark Redevelopment Plan. The Plan in Section 403 authorizes the use of eminent domain to acquire property for redevelopment purposes but specifically prohibits the use of eminent domain to acquire 1) property zoned residential and 2) property zoned commercial or industrial that has a residential structure (house) on it and is owner occupied at the time the Redevelopment Plan is adopted, so long as that owner occupied the residence. B. The Council intends by this Ordinance to amend the Plan to reenact the restrictions on eminent domain in order to submit this specific portion of the Plan to the voters for their approval. C. This amendment was considered by the Council and the Agency Board as well as the taxing agencies and the public during the proceedings and public hearings held for adoption of the Plan and, further, this Ordinance was adopted concurrently with the adoption of the Plan. D. The findings set forth in Ordinance No. 110 of the City Council approving the Plan and Resolution Nos. 89 -575 and 89 -577 of the City Council approving and certifying the EIR and C adopting written findings in response to written objections are incorporated herein as though set forth in full and are hereby readopted. Said .. findings remain valid given that this amendment is being adopted concurrently with the Plan and the terms of this amendment are same as those contained in the Plan as adopted. SECTION 2. Section 403 of the Moorpark Redevelopment Plan is hereby amended by adding the following language to the end of the first paragraph of the section: "The following restrictions are applicable to the Agency's power of Eminent Domain: 1. All property zoned residential is excluded from eminent domain. 2. All property zoned commercial or industrial that has a residential structure (house) on it and is owner occupied at the time the Redevelopment Plan is adopted (which date shall be June 28, 1989) is excluded from eminent domain for so long as that owner occupies the residence." SECTION 3. This Ordinance shall not become effective unless and until it is approved by a majority of the voters voting on the issue at an election called by the Council and the amendment to the Redevelopment Plan approved herein shall not be repealed or modified unless approved by a majority of the voters voting on the issue at an election called by the Council. This amendment does not provide for nor modify the provisions of the Plan relating to tax increment financing pursuant to Health and Safety Code Section 33670 nor does this amendment expand a project area subject to such tax increment financing. Therefore, the provisions of Health and Safety Code Section 33378 are not applicable to the election call by the Council pursuant to this Section. SECTION 4. The City Clerk shall certify the adoption of this Ordinance and cause the same to be published in the manner required by law. -2- pmt:ORN2562 1989. ATTEST: C I PASSED AND APPROVED this 5th day of Jul STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF Moorpark ) MA OR I, Lillian Kellerman , City Clerk of the City of Moorpark , do hereby certify that the foregoing Ordinance No. 111 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the day of , 19 That thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 5th _ day of July , 1989 , by the following vote, to wit: AYES: COUNCILMEMBERS: Harper, Lawrason, Montgomery, Perez and Mayor Browr NOES: COUNCILMEMBERS: None. ABSENT: COUNCILMEMBERS: None. " CITY CLERK- APPROVED AS TO FORM: /CIT ATTORNEY 7 -3- pmt:ORN2562 ,vI00RPARIC ELOISE BROWN Mayor BERNARDO M. PEREZ Mayor Pro Tem CLINT HARPER, Ph. D. Councilmember PAUL LAWRASON Councilmember SCOTT MONTGOMERY Councilmember RICHARD T. HARE City Treasurer STATE OF CALIFORNIA ) COUNTY OF VENTURA ) CITY OF MOORPARK ) SS. STEVEN KUENY City Manager CHERYL J. KANE City Attorney PATRICK RICHARDS, A.I.C.P. Director of Community Development R. DENNIS DELZEIT City Engineer JOHN V. GILLESPIE Chief of Police I, Lillian E. Kellerman, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Ordinance No. 111 was adopted by the City Council of the City of Moorpark at a meeting held on the 5th day of July , 1989, and that the same was adopted by the following vote: AYES: Councilmembers Harper, Lawrason, Montgomery, Perez and Mayor Brown NOES: None. ABSENT: None. ABSTAIN: None. WITNESS my hand and the official seal of said City this 6th day of July , 1989. 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 ORDINANCE NO. 110 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOORPARK APPROVING AND ADOPTING A REDEVELOPMENT PLAN FOR THE MOORPARK REDEVELOPMENT PROJECT AS THE OFFICIAL REDEVELOPMENT PLAN FOR SAID PROJECT WHEREAS, the Moorpark Redevelopment Agency (the "Agency ") has formulated, prepared and approved a Redevelopment Plan for the Moorpark Redevelopment Project (the "Redevelopment Project ") and has recommended that the City Council of the City of Moorpark approve and adopt said Redevelopment Plan; and WHEREAS, the Planning Commission of the City of Moorpark has submitted its Report and Recommendation on the proposed. Redevelopment Plan finding that the proposed Redevelopment Plan is in conformity with the General Plan of the City of Moorpark 11 has recommended approval of the proposed Redevelopment Plan; . iu WHEREAS, the Agency has adopted Rules Governing Participation and Preferences for Property Owners, Operators of Businesses and Tenants within the Project Area; and WHEREAS, the Agency has adopted the State Relocation Guidelines (Title 25 California Administration Code Section 6000 et sect.) as the planned method to be used for the relocation of persons, families and businesses from the Project Area, the payment of relocation benefits and the giving of relocation assistance to such persons, families and businesses; and WHEREAS, the- Agency has submitted the proposed Redevelopment Plan and its-"Report thereon to the City Council, which Report contains, among other things, the Planning Commission's Report and Recommendation, the Project Area Committee's Report and Recommendation, the Report of the County Fiscal Officer and analysis thereto by the Agency; and WHEREAS, the Agency has consulted with property owners and businesses within the Project Area and taxing agencies which levy taxes, or for which taxes are levied, on property in the Project Area; and WHEREAS, the Agency and this City Council have approved and adopted a Final EIR for the adoption of the proposed Redevelopment Plan and have certified as to their review and consideration thereof in accordance with the California Environmental Quality Act of 1970, as amended, and the State and local guidelines and regulations adopted pursuant thereto; and WHEREAS, a joint public hearing has been fully noticed and held by the Agency and the City Council as required by law, all objections have been heard and passed upon by this City Council, the Agency and Council have received written and oral testimony concerning the proposed Redevelopment Plan and have duly considered all thereof and the proceedings for the adoption of the proposed Redevelopment Plan have been duly conducted and completed as provided by law. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The purposes and intent of this City Council with respect to the Project Area are: (a) To eliminate the conditions of blight existing in the Project Area. (b) To prevent recurrence of blighting conditions within the Project Area. (c) To provide for participation by owners and tenants and reentry preferences to persons engaged in business within the Project Area to participate in the redevelopment of the Project Area; to encourage and ensure the development of the Project Area in the manner set forth in the proposed '- development Plan; and to provide for the relocation of any residents, if any, displaced by the effectuation of the proposed Redevelopment Plan. (d) To improve and construct or provide for the construction of public facilities, roads, and other public improvements and to improve the quality of the environment in the Project Area to the benefit of the Project Area and the general public as a whole. (e) To encourage and foster the economic revitalization of the Project Area by protecting and promoting the sound development and redevelopment of the Project Area and by replanning, redesigning, or developing portions of the Project Area which are stagnant or improperly utilized because of the lack of adequate utilities and because of other causes. (f) To provide housing as required to satisfy the needs and desires of the various age, income and ethnic groups of the community. SECTION 2. The proposed Redevelopment Plan for the Moorpark Redevelopment Project is hereby approved, adopted and designated as the official Redevelopment Plan for the Moorpark Redevelopment Project, and is hereby incorporated herein by reference and made a part hereof as is fully set forth at length herein, three copies of which are hereby directed to be on file with the City Clerk. SECTION 3. The City Council hereby finds and determines that: (a) The Project Area is a blighted area, the redevelopment of which is necessary to effectuate the public purposes declared in the Community Redevelopment Law of the State of California and specifically that the Project Area is characterized by the existence of buildings and structures, used or intended to be used for living, commercial, industrial, or other purposes, or any combination of such uses, which are unfit or unsafe to occupy for such purposes and are conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, and crime because of any one or a combination of the following factors: (1) defective design and character of physical construction; (2) faulty interior arrangement and exterior spacing; (3) high density of population and overcrowding; (4) inadequate provision for ventilation, light, sanitation, open spaces, and recreation facilities; and (5) age, obsolescence, deterioration, dilapidation, mixed character, or shifting of uses; The Project Area is further characterized by properties which suffer from economic dislocation, deterioration, or disuse because of one or more of the following factors: (1) the subdividing and sale of lots of irregular form and shape and inadequate size for proper usefulness Ad development; (2) the laying out of lots in disregard of the contours and other topography or physical characteristics of the ground and surrounding conditions; (3) the existence of inadequate public improvements, public facilities, open spaces, and utilities which cannot be remedied by private or governmental action without redevelopment; and (4) the prevalence of depreciated values, impaired investments, and social and economic maladjustment. These conditions cause a reduction of, or lack of, proper utilization of the area to such an extent that it constitutes a serious physical, social or economic burden on the community which cannot reasonably be expected to be reversed or alleviated by private enterprise acting alone. (b) The Redevelopment Plan will redevelop the Project Area in conformity with the Community Redevelopment Law of the State of California in the interests of the public peace, health, safety, and welfare. (c) The adoption and carrying out of the Redevelopment Plan is economically sound and feasible. (d) The Redevelopment Plan conforms to the General Plan of the City of Moorpark. (e) The carrying out of the Redevelopment Plan will promote the public peace, health, safety and welfare of the City of Moorpark and will effectuate the purposes and policies of the Community Redevelopment Law of the State of California. (f) The condemnation of real property is necessary to the execution of the Redevelopment Plan and adequate provisions have been made for payment for property to be acquired as provided. (g) The Agency has a feasible method or plan for the relocation of families and persons to be temporarily or permanently displaced from housing facilities in the Project Area. (h) There are or are being provided in the Project Area or in other areas not generally less desirable in regard to public utilities and public and commercial facilities and at rents or prices within the financial means of the families and persons displaced from the Project Area, if any, decent, safe and sanitary dwellings equal in number to the number of and available to such displaced families and persons and reasonably accessible to their places of employment. (i) Inclusion within the Project Area of any lands, buildings or improvements which are not detrimental to the public health, safety or welfare is necessary for the effective redevelopment of the area of which they are a part; and any such area included is necessary for effective redevelopment of the Project Area and is not included for the purpose of obtaining the allocation of tax increment revenues from such area pursuant to Section 33670 of the Community Redevelopment Law without other substantial justification for its inclusion. (j) The elimination of blight and redevelopment of the Project Area cannot be reasonably expected to be accomplished by private enterprise acting alone without the aid and assistance of the Agency. (k) The provision of low- and moderate - income housing outside the Project Area will be of benefit to the Project. (1) The effect of tax increment financing will not cause significant financial burden or detriment on any taxing agency deriving revenues from the Project Area. SECTION 4. In order to implement and facilitate the effectuation of the Redevelopment Plan hereby approved and adopted, it is found and determined that certain official actions must be taken by the City Council with reference, among other things, to changes in zoning, the vacating and removal of some streets, alleys, and other public ways, the establishment of new street patterns, the location and relocation of sewer and water mains and other public facilities, and other public action, and accordingly, the City Council hereby: (a) Declares its intention to undertake and complete any proceedings necessary to be carried out by the City of Moorpark ` under the provisions of the Redevelopment Plan. (b) Requests the various officials, departments, boards, commissions, and agencies of the City of Moorpark having administrative responsibilities with respect to the Project likewise to cooperate to such end and to exercise their respective functions and powers in a manner consistent with the Redevelopment Plan. SECTION 5. The City Council is satisfied that permanent housing facilities will be available within three (3) years from the time occupants of the Project Area are displaced, if any, and that pending the development of such facilities there will I— available to such displaced occupants adequate temporary ..fusing facilities at rents comparable to those in the City of Moorpark at the time of their displacement. No persons or families of low- and moderate - income shall be displaced from residences unless and until there is a suitable housing unit available and ready for occupancy by such displaced person or family at rents comparable to those at the time of their displacement. Such housing units shall be suitable to the needs of such displaced persons or families and must be decent, safe, sanitary and otherwise standard dwellings. The Agency shall not displace such person or family until such housing units are available and ready for occupancy. SECTION 6. If any part of this Ordinance or the Redevelopment Plan which it approves is held to be invalid for any reason, such decision shall not affect the validity of the remaining portion of this Ordinance or of the Redevelopment Plan, and this City Council hereby declares that it would have passed the remainder of this Ordinance or approved the remainder of the Redevelopment Plan if such invalid portion thereof had been deleted. SECTION 7. The City Clerk is hereby directed to send a certified copy of this Ordinance to the Agency, and the Agency is hereby vested with the responsibility for carrying out the Redevelopment Plan, subject to the provisions of the Moorpark Redevelopment Project. SECTION S. The City Clerk is hereby directed to record within thirty (30) days from the adoption of this Ordinance with the County Recorder of the County of Ventura a description of the land within the Project Area and a statement that the proceedings for the redevelopment of the Project Area have been instituted under the California Community Redevelopment Law. The Agency is hereby directed to effectuate recordation in compliance with the provisions of Section 27295 of the Government Code to the extent applicable. SECTION 9. The Building Official hereby directed for a period of two effective date of this Ordinance to building permits within the Project a building permit is sought for the for other improvements is within a of the City of Moorpark is (2) years after the advise all applicants for Area that the site for which construction of buildings or Redevelopment Project Area. SECTION 10. The City Clerk is hereby directed to transmit a copy of the description and statement recorded by the City Clerk pursuant to Section 8 of this Ordinance, a copy of this Ordinance, and a map of plat indicating the boundaries of the Project Area to the Auditor and Tax Assessor of Ventura County, to the governing body of each of the taxing agencies which levies taxes upon any property in the Project Area and to the State Board of Equalization. SECTION 11. The City Clerk shall certify to the passage of this Ordinance and cause a copy thereof to be published as required by Taw in a newspaper of general circulation in the City of Moorpark, and this Ordinance shall take force and effect after its passage in the manner provided by law. PASSED, APPROVED AND ADOPTED THIS 5th DAY OF JULY , 1989. Mayor ATTEST: MOORPARK ELOISE BROWN Mayor BERNARDO M. PEREZ Mayor Pro Tem CLINT HARPER, Ph. D. Councilmember PAUL LAWRASON Councilmember SCOTT MONTGOMERY Councilmember RICHARD T. HARE City Treasurer STATE OF CALIFORNIA STEVEN KUENY City Manager CHERYL J. KANE City Attorney PATRICK RICHARDS, A.I.C.P. Director of Community Development R. DENNIS DELZEIT City Engineer JOHN V. GILLESPIE Chief of Police COUNTY -OF VENTURA ) SS. CITY OF MOORPARK ) I, Lillian E. Kellerman, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Ordinance No. 110 was adopted by the City Council of the City of Moorpark at a meeting held on the 5th _ day of July _ _ , 19C9, and that the same was adopted by the following vote: AYES: Councilmembers Harper, Lawrason, Montgomery, Perez and Mayor Brow► NOES: None. ABSENT: None. ABSTAIN: None. WITNESS my hand and the official seal of said City this 6th day of July , 1989. `Lillian E. Kellerman 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 THIS PAGE INTENTIONALLY LEFT BLANK 10 City Ordinance Approving and Adopting Amendment No. 2 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING AND ADOPTING AMENDMENT NO.2 TO THE REDEVELOPMENT PLAN FOR THE MOORPARK REDEVELOPMENT PROJECT WHEREAS, the Redevelopment Agency of the City of Moorpark (the "Agency ") is a duly constituted redevelopment agency under the California Community Redevelopment Law (CCRL; Health and Safety Code Section 33000, et seq.) having been activated in 1987 by the City Council of the City of Moorpark (the "City Council" and the "City," respectively) in accordance with the provisions of the CCRL; and WHEREAS, on July 5, 1989, the City Council adopted Ordinance No. 110 approving and adopting the Redevelopment Plan (the "Plan ") for the Moorpark Redevelopment Project (the "Project" or "Project Area," as applicable) pursuant to procedures codified within the CCRL; and WHEREAS, Section 403 of the Plan authorized the use of eminent domain to acquire property in the Project Area for development purposes, which authority was restricted as follows: "1. All property zoned residential is excluded from eminent domain; 2. All property zoned commercial or industrial that has a residential structure (house) on it and is owner occupied at the time the Redevelopment Plan is adopted is excluded from eminent domain "; and WHEREAS, also on July 5, 1989, the City Council adopted Ordinance No. 111, amending (Amendment No. 1) the Plan to "re- enact" restrictions on the Agency's eminent domain authority in order to submit that portion of Section 403 restricting eminent domain to the City's voters for approval; and on November 7, 1989, the voters approved Ordinance No. 111, which approval was subsequently made effective by the City Council by Resolution No. 89 -623 on December 6, 1989; and WHEREAS, Ordinance No. 111 restricts the Agency's authority to use eminent domain as follows: "1. All property zoned residential is excluded from eminent domain; 2. All property zoned commercial or industrial that has a residential structure (house) on it and is owner occupied at the time the Redevelopment Plan is adopted is excluded from eminent domain so long as that owner occupies the residence "; and WHEREAS, on December 14, 1994, the City Council adopted Ordinance No. 202 amending the Plan, as previously amended by Amendment No. 1, to conform to certain requirements mandated by CCRL Section 33333.6 (Assembly Bill 1290) enacted subsequent to adoption of the Plan; and Ordinance No. Page 2 of 11 WHEREAS, adopting Ordinance Nos. 110, 111 and 202, including the findings and determinations made by the City Council therein, are made part hereof by reference and are final and conclusive, there having been no action timely brought to question the Plan, the amendments thereto, or related actions; and WHEREAS, on June 20, 2007 in compliance with the mandate of CCRL Section 33342.7 (Senate Bill 53, effective January 1, 2007), the City Council adopted Ordinance No.351 describing the Agency's program to acquire property by eminent domain, and declaring that "such program may only be amended by amending the Plan pursuant to Article 12 of the CCRL, commencing with Section 33450 "; and WHEREAS, under CCRL Section 33450, the City Council, by ordinance, may amend the Plan any time after adopting the Plan; and WHEREAS, the initial 12 -year term of the Agency's eminent domain authority expired July 5, 2001 and, in accordance with CCRL Section 33333.4(g)(2), this time limitation may be extended only by a redevelopment plan amendment; and WHEREAS, to more effectively administer and implement its projects and programs in the Project Area and in accordance with Article 12 of the CCRL, commencing with Section 33450, and as specifically permitted by CCRL Section 33333.4(g)(2), the Agency is recommending to the City Council adoption of an amendment (Amendment No. 2) to the Plan for the sole purpose of reinstating the Plan's eminent domain authority for the maximum permissible period not to exceed 12 years from the date of adoption of the ordinance approving Amendment No. 2; and WHEREAS, Amendment No. 2 makes no other changes or modifications to the Plan for the Project; and WHEREAS, by its Resolution No. 2005 -2359 adopted July 20, 2005, and consistent with the requirements and procedures promulgated in CCRL Section 33385, et seq., the City Council determined that a Project Area Committee (PAC) be formed and convened with respect to the proposed amendment; and WHEREAS, a PAC election was held on September 15, 2005, which election was certified by the City Council, and the PAC convened seven meetings to discuss the proposed amendment, and, at the last meeting held June 8, 2006, the PAC voted (5 -1) to recommend the Agency's authority to use eminent domain be restricted by Ordinance No. 111 previously approved by the voters; and Ordinance No. Page 3 of 11 WHEREAS, the Agency has previously adopted Relocation Assistance /Property Acquisition Guidelines and Owner Participation and Re -Entry Rules (collectively, the "Guidelines and Rules ") at the time and as part of the original adoption of the Plan which Guidelines and Rules will not be amended by and will remain in effect after adoption of Amendment No. 2; and WHEREAS, in accordance with the provisions of the California Environmental Quality Act ( "CEQA Statutes," Public Resources Code Section 21000 et seq., "CEQA Guidelines," 14 California Code of Regulations, Section 15000 et seq., and the locally adopted "City CEQA Procedures "; collectively referred to as "CEQA "), the Community Development Director of the City has determined through the preparation of an Initial Study that Amendment No. 2 will not have a significant effect on the environment with the inclusion of mitigation measures and, therefore, a Mitigated Negative Declaration, Mitigation Measures and related Mitigation Monitoring and Reporting Program (collectively referred to as the "MND ") have been prepared for Amendment No. 2; and WHEREAS, the Planning Commission of the City has reviewed the MND and proposed Amendment No. 2 and, by its Resolution 2007 -522 adopted July 24, 2007, approved and transmitted its report to the City Council, finding and determining that Amendment No. 2 does not modify land uses or land use policies, goals or objectives within the Project Area and, therefore, does not affect and is consistent with the City's General Plan, and recommending adoption of Amendment No. 2 to the City Council; and WHEREAS, the Agency, as the "Lead Agency" (as defined in the CEQA Statutes), has reviewed, approved and adopted the MND prepared pursuant to CEQA and CCRL requirements; and WHEREAS, the City Council has received the Agency's Report to the City Council for Amendment No. 2 (the "Report to Council "), which includes: a discussion of the reasons for Amendment No. 2; the reasons for reinstating the Agency's eminent domain authority; a description of the significant physical and economic blight remaining in the Project Area; a summary of consultations with Project Area property owners, residents and businesses; the MND; a summary of consultations with taxing entities; the agendas and minutes of the PAC meetings, among other things; all in accordance with the requirements of CCRL 33457.1 and CCRL Section 33352, as warranted; and WHEREAS, for redevelopment plans adopted on or after October 1, 1976 and before January 1, 1994, and in accordance with Senate Bills 53 and 1210 (effective January 1, 2007), CCRL Section 33333.4(8)(2) requires that before the time limitation for commencement of eminent domain proceedings can be extended, the Agency must, based on substantial evidence, make specific findings with respect to remaining blight in the Project Area; and Ordinance No. Page 4 of 11 WHEREAS, in accordance with the requirements of CCRL Section 33333.4(g)(2) and based on substantial evidence, the Agency has found and determined that significant blight remains within the Project Area and this blight cannot be eliminated without the use of eminent domain; and WHEREAS, for effective Plan implementation and so that its use may be available to the Agency for carrying out the goals and objectives of the Plan, the time limit for exercising the power of eminent domain should be reinstated for a period not to exceed 12 years from the date of adoption of this Ordinance; and WHEREAS, eminent domain is a necessary tool for achieving the public purposes of redevelopment and it is declared to be a policy of the State of California that whenever the redevelopment of blighted areas cannot be accomplished by private enterprise alone, without public participation and assistance in the acquisition of land, in planning and in the financing of land assembly, in the work of clearance and in the making of improvements necessary therefor, it is in the public interest to employ the power of eminent domain, to advance or expend public funds for these purposes and to provide a means by which blighted areas may be redeveloped or rehabilitated; and WHEREAS, California law provides strict guidelines and limitations on any exercise of eminent domain and adequate protection for property owners, and WHEREAS, in addition to the seven PAC meetings which were open to the public, the Agency conducted two community workshops for the purpose of providing information about Amendment No. 2 to interested and affected property and business owners and residents in the Project Area, and has received their input; and WHEREAS, the Agency has approved Amendment No. 2 and has recommended the City Council approve and adopt Amendment No. 2; and WHEREAS, the City Council and the Agency held a joint public hearing on September 19, 2007, in City Council Chambers, Moorpark City Hall, 799 Moorpark Avenue, Moorpark, California; and WHEREAS, notice of said joint public hearing was duly and regularly published in a newspaper of general circulation in the City, once a week for three successive weeks prior to the date of such joint public hearing, and a copy of said notice was mailed by first class mail to each last known assessee of each parcel, and to all known residents and businesses located on each parcel in the Project Area, not less than thirty (30) days prior to the date of commencement of the joint public hearing, and affidavits of such publications and such mailings are on file with the City Clerk; and Ordinance No. Page 5 of 11 WHEREAS, copies of the notice of joint public hearing were mailed by certified mail with return receipt requested to the governing body of each affected taxing agency (as defined under CCRL Section 33353.2) as required by law; and WHEREAS, the Plan, including the previous amendments thereto, the Agency's Guidelines and Rules, the draft Amendment No. 2, the Report to Council, the Planning Commission's report and recommendation, the legal description and a map of the Project Area, and the MND are on file in the offices of the Agency, Moorpark City Hall, 799 Moorpark Avenue, Moorpark, California, and are available for public inspection during regular business hours; and WHEREAS, pursuant to CCRL Section 33457.1, to the extent warranted by Amendment No. 2, this Ordinance adopting Amendment No. 2 contains the findings required under CCRL Section 33367, and WHEREAS, the City Council has considered the Agency's findings made in accordance with CCRL 33333.4(g)(2), the Report to Council, Amendment No. 2, the MND, the Planning Commission's and Agency's recommendations forAmendment adoption, and other information presented and available to the City Council, has provided an opportunity for all persons to be heard and has received and considered all evidence and statements presented for or against any aspect of Amendment No. 2. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The above recitals are true and correct and a substantive part of this Ordinance. SECTION 2. As established by City Council Ordinance No. 110, Section 1, the purposes and intent of the City Council with respect to the Project Area are: (a) To eliminate the conditions of blight existing in the Project Area (b) To prevent recurrence of blighting conditions within the Project Area. (c) To provide for participation by owners and tenants and reentry preferences to persons engaged in business within the Project Area to participate in the redevelopment of the Project Area; to encourage and ensure the development of the Project Area in the manner set forth in the proposed Redevelopment Plan; and to provide for the relocation of any residents, if any displaced by the effectuation of the proposed Redevelopment Plan. Ordinance No. Page 6 of 11 (d) To improve and construct or provide for the construction of public facilities, roads, and other public improvements and to improve the quality of the environment in the Project Area to the benefit of the Project Area and the general public as a whole. (e) To encourage and foster the economic revitalization of the Project Area by protecting and promoting the sound development and redevelopment of the Project Area and by replanning, redesigning, or developing portions of the Project Area which are stagnant or improperly utilized because of the lack of adequate utilities and because of other causes. (f) To provide housing as required to satisfy the needs and desire of the various age, income and ethnic groups of the community. With respect to Amendment No. 2, the City Council's purposes and intent are to reinstate, for an additional 12 year period, the Agency's authority to use eminent domain as provided in the Plan, and as amended by Amendment No. 1 (including the restrictions on use of said authority contained in Ordinance No. 111 as approved by the voters) to be used as a redevelopment plan implementation tool to help eliminate remaining conditions of- blight within the Project Area. SECTION 3. The amendment, entitled Amendment No. 2 to the Redevelopment Plan for the Moorpark Redevelopment Project, on file in the office of the City Clerk, is hereby incorporated by this reference and made part hereof. SECTION 4. The Redevelopment Plan for the Moorpark Redevelopment Project, as amended from time to time, has been previously designated and remains the official redevelopment plan for the Project as more fully described in the recitals above. SECTION 5. Amending the Plan in accordance with Amendment No. 2 is necessary and desirable to complete redevelopment of the Project Area and to increase the probability of achieving the goals and objectives of the Plan and implementation of its projects and programs in and for the benefit of the Project Area. Based upon the evidence in the record, including, among other things, the joint public hearing, the Report to Council prepared pursuant to CCRL Section 33352, and all documents referenced therein, and evidence and testimony received at the joint public hearing on adoption of Amendment No. 2 held September 19, 2007, the recommendations of the PAC, the Planning Commission and the Agency, on the various documents relating to adoption of the Plan, Amendment No. 1, Ordinance No. 111, and official records related thereto, documents, reports and such other information provided to the City Council, the City Council hereby makes the following findings and determinations in accordance with CCRL Section 33457.1 and as warranted by Amendment No. 2: Ordinance No. Page 7 of 11 (a) The City Council hereby finds that conditions of significant blight remain within the Project Area and such conditions cannot be eliminated without the use of eminent domain. This finding is based upon the Agency's Report to Council, which documents and analyzes physical blight conditions in the Project Area. These conditions include, but are not limited to: i) buildings in which it is unsafe or unhealthy for persons to live or work; ii) serious building code violations; iii) serious dilapidation and deterioration; iv) construction that is vulnerable to serious damage; and v) faulty or inadequate water or sewer utilities (Sections 3.2.1.1 through 3.2.1.7). Further physical conditions documented in Report to Council include: i) conditions that prevent or substantially hinder the viable use or capacity of buildings or lots; ii) substandard, defective or obsolete design; iii) substandard, defective or obsolete construction; and iv) existence of subdivided lots in multiple ownership whose physical development has been impaired (Sections 3.2.2 through 3.2.4). This finding is further based on the following conditions of economic blight documented in the Project Area and analyzed by the Report to Council, dated September 19, 2007, and include, but are not limited to: i) depreciated or stagnant property values; ii) poverty and residential overcrowding; iii) public safety and crime; and iv) inadequate commercial facilities (Sections 3.3.1 through 3.3.4). This finding is further based on the fact, documented in the Report to Council, that there are a substantial number of parcels in the Project Area which suffer from one or more physical and economic conditions of blight (Section 3.4). As evidenced in the Report to Council, the foregoing blight conditions continue to cause a reduction of, or lack of, proper utilization of the Project Area that cannot reasonably be expected to be reversed or alleviated by private enterprise or governmental action, or both, without redevelopment. (Section 4.1) The finding that the remaining significant blight cannot be eliminated in the Project Area without the use of eminent domain is based on the factors identified in Section 4.1.2 of the Report to Council and includes, but is not limited to: i) the programs and projects in the Plan potentially cannot be completed without the Agency's ability to use its limited power of eminent domain; and ii) the Agency has identified the successful completion of these programs and projects as the method it will use to eliminate blight from the Project Area; therefore, without the successful completion of such programs and projects, blight cannot be eliminated from within the Project Area without eminent domain. (b) Amending the Plan by adoption of Amendment No. 2 would again provide a redevelopment tool to the Agency, helping the Agency to continue redevelopment of the Project Area in conformance with the provisions and intent of the CCRL, and in the interests of the public peace, health, safety and welfare. Implementation of the Plan will assist in fulfilling the objectives of the CCRL by helping to eliminate continuing conditions of blight within the Project Area described in Section 4(a) above. These actions are essential not only to encouraging private investment and eliminating the remaining significant conditions of blight in the Project Area, but also in preventing their reoccurrence. This finding is based in part on Section 4.0 of the Report to Council and on Ordinance No. Page 8 of 11 the City Council's earlier findings made in Ordinance No. 110 adopting the Plan for the Project, which found that the carrying out of the Plan will promote the public peace, health, safety and welfare of the City and will effectuate the purposes and policies of the CCRL. The reinstated availability of eminent domain authority for a 12 -year period, as restricted by Ordinance No. 111, will help the Agency to more effectively implement the Plan and to carry out Agency redevelopment goals and objectives within the Project Area by providing an important tool to help accomplish site assembly and public improvements construction, and to help facilitate Agency redevelopment projects and programs that are necessary to lessen the remaining blighting conditions found in the Project Area. This finding is based in part on Section 4.1 of the Report to Council and on the findings of Ordinance 110 adopting the Plan. (c) The finding and determination required by CCRL Section 33367(a)(3) is not warranted by Amendment No. 2 because Amendment No. 2 makes no fiscal changes to the Plan and the City Council determined that adoption and implementation of the Plan was economically sound and feasible at the time of Plan adoption. (d) Amendment No. 2 does not affect the General Plan land uses or land use policies in the Project Area in any way, and therefore, it is consistent with the General Plan. This finding is based on the Planning Commission's report and recommendation to the City Council that the City Council adopt Amendment No. 2. (e) The authority to condemn real property, as provided for in the Plan, as amended by Ordinance No. 111, and as reinstated by Amendment No. 2, is necessary to the execution of the Plan, and adequate provisions have been made for payment for property to be acquired as provided by law. This finding is based on the findings contained in Ordinance No. 110 adopting the Plan, on Ordinance No. 351 describing the Agency's eminent domain program and on other information contained in the Record, including the Report to Council. To facilitate redevelopment, the Agency may need to assemble parcels to produce more cohesive and economically feasible development within the Project Area. The Agency is required to comply with all State laws pertaining to a public agency acquiring real property, whether acquisition is by condemnation or negotiation, and these laws require paying just compensation for all real property acquired. The Agency shall not proceed with any voluntary acquisition or with condemnation of real property for which funds are not available. (f) The Agency proposes no displacement of persons; however, in the event that any displacement does occur as a result of the implementation of the Plan, the Agency has a feasible method or plan for the relocation of families and persons displaced from the Project Area in place if the Plan should result in the temporary or permanent displacement of any occupants of housing facilities in the Project Area. This finding is based on the findings in Ordinance No. 110 adopting the Plan, and upon the fact that the Agency has previously adopted a plan for relocation of families, persons and businesses Ordinance No. Page 9 of 11 affected by Agency projects; upon the fact that the Plan provides for relocation assistance according to law and upon the fact that such assistance, including relocation payments constitutes a feasible method for relocation. (g) In the event that it will be necessary to relocate any families and persons as the result of implementation of the Plan, there are, or shall be provided, in the Project Area or in other areas not generally less desirable in regard to public utilities and public and commercial facilities and at rents or prices within the financial means of the families and persons, if any, who may be displaced from the Project Area, decent, safe and sanitary dwellings equal in number to the number of and available to such displaced families and persons and reasonably accessible to their places of employment. (h) Families and persons shall not be displaced prior to the adoption of a relocation plan pursuant to Sections 33411 and 33411.1 of the CCRL. To the extent required by the CCRL, dwelling units housing persons and families of low or moderate income shall not be removed or destroyed prior to the adoption of a replacement housing plan pursuant to Sections 33334.5, 33413 and 33413.5 of the CCRL. SECTION 5. The findings and determinations required by CCRL Sections 33367(d)(9) through 33367(d)(13) are not warranted by Amendment No. 2, because the Agency previously documented and the City Council determined by Ordinance No. 110 adopting the Plan that: i) all noncontiguous areas of the Project Area are necessary for redevelopment; ii) inclusion of any areas not detrimental to the public health, safety or welfare is necessary for effective redevelopment of the Project Area; iii) elimination of blight cannot reasonably be expected to be accomplished by private enterprise acting alone without the aid and assistance of the Agency; iv) the Project Area is predominantly urbanized; and v) the time and dollar allocation limitations contained in the Plan are reasonably related to the proposed projects to be implemented in the Project Area. SECTION 6. The continued implementation of the redevelopment plan will improve or alleviate the physical and economic conditions of blight in the Project Area as described in the Report to Council, prepared in accordance with CCRL Section 33450 for Amendment No. 2 and as described in the Report to Council prepared for the Plan for the Project at the time of Plan adoption. SECTION 7. Based on the fact that Amendment No. 2 reinstates for an additional 12 -year period the Agency's eminent domain authority, restricted by Ordinance No. 111 to specifically exclude: i) all property zoned residential; and ii) all property zoned commercial or industrial that, at the time of Plan adoption, had an owner - occupied, residential structure on it so long as that property remains occupied by that owner; and based on its determination in Ordinance No. 110 adopting the Plan, the City Council continues to be satisfied that permanent housing facilities will be available within three years from the time occupants of the Project Area may be displaced and that pending the development of such facilities, there will be available to such occupants who may be Ordinance No. Page 10 of 11 displaced adequate temporary housing facilities at rents comparable to those in,the City of Moorpark at the time of their displacement. SECTION 8. The City Council is satisfied and therefore finds and determines that its findings and determinations, as set forth above, are all the findings and determinations warranted under Health and Safety Code Sections 33457.1 and 33367 by Amendment No. 2. SECTION 9. In accordance with CCRL Section 33342.7, a description of the Agency's program and authority to acquire property by eminent domain within the Project Area is set forth in its entirety in Section 403 of the Plan, as amended by Amendment No. 1 (Ordinance No. 111) and as amended by Amendment No. 2 upon final approval and adoption. The Agency's program to acquire real property by eminent domain may be amended only by amending the Plan, as previously amended, pursuant to the requirements of CCRL Section 33333.4(g)(2) and Title 12 of the CCRL, commencing with Section 33450. SECTION 10. Amendment No. 2 is hereby approved and adopted, and is hereby designated as an official amendment to the Redevelopment Plan for the Moorpark Redevelopment Project. SECTION 11. The Plan, as amended by Amendment No. 2, is hereby approved and adopted and is hereby designated and shall constitute the official Redevelopment Plan for the Moorpark Redevelopment Project. SECTION 12. Ordinance Nos. 110, 111, 202 and 351 are hereby continued in full force and effect except as specifically amended by this Ordinance. SECTION 13. The City Clerk is hereby directed to send a certified copy of this Ordinance to the Agency. SECTION 14. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. SECTION 15. This Ordinance shall be in full force and effect thirty (30) days after adoption. Ordinance No. Page 11 of 11 SECTION 16. The City Clerk shall certify to the passage and adoption of this ordinance; shall enter the same in the book of original ordinances of said City; shall make a minute of the passage and adoption hereof in the records of the proceedings of the City Council at which the same is passed and adopted; and shall, within fifteen (15) days after the passage and adoption thereof, cause the same to be published once in the Moorpark Star, a newspaper of general circulation, as defined in Section 6008 of the Government Code for the City of Moorpark, and which is hereby designated for that purpose. PASSED AND ADOPTED on '2007. ATTEST: Deborah S. Traffenstedt City Clerk, City of Moorpark Patrick Hunter, Mayor SOUTHERN CALIFORNIA ASSOCIATION of GOVERNMENTS Main Office 818 West Seventh Street 12th Floor Los Angeles, California 90017 -3435 t (213) 236 -1800 f (213) 236 -1825 www.scag.ca.gov Officers: President: Gary Ovitt, San Bernardino County - First Vice President: Richard Dixon, Lake Forest - Second Vice President: Harry Baldwin, San Gabriel - Immediate Past President: Yvonne B. Burke, Los Angeles County Imperial County: Victor Carrillo, Imperial County - Jan Edney, Ell Centro Los Angeles County: Yvonne B. Burke, Los Angeles County • Lev Yaroslaysky, Los Angeles County - Richard Alarcon, Las Angeles - Jim Aldinger, Manhattan Beach - Harry Baldwin, San ,ahriel - Tony Cardenas, Los Angeles - Stan ,arroll, La Habra Heights - Margaret Clark, Rosemead - Gene Daniels, Paramount - Judy Dunlap, Inglewood - Rae Gabelich, Long Beach - David Gafin, Downey - Eric Garcetti, Los Angeles - Wendy Greuel, Los Angeles • Frank Gurule, Cudahy - Janice Hahn, Los Angeles - Isadore Hall, Compton - Keith W. Hanks, Azusa - lose Huizar, Los Angeles - Jim Jeffra, Lancaster - Tom LaBonge, Los Angeles - Paula Lantz, Pomona - Barbara Messina, Alhambra - Larry Nelson, Artesia - Paul Nowatka, Torrance - Pam O'Connor, Santa Monica - Bernard Parks, Los Angeles - Jan Perry, Los Angeles - Ed Reyes, Los Angeles - Bill Rosendahl, Los Angeles - Greig Smith, Los Angeles - Tom Sykes, Walnut - Mike Ten, South Pasadena - Tonia Reyes Uranga, Long Beach - Antonio Villaraigosa, Los Angeles - Dennis Washburn, Calabasas - lack Weiss, Los Angeles - Herb 1. Wesson, Jr., Los Angeles - Dennis Zine, Los Angeles Orange County: Chris Norby, Orange County - Christine Barnes, La Palma - John Beauman, Brea - Lou Bone, Tustin - Debbie Cook, Huntington Beach - Leslie Daigle, Newport Beach - Richard Dixon, Lake Forest - Troy Edgar, Los Alamitos - Paul Glaab, Laguna Niguel - Robert Hernandez, Anaheim - Sharon Quirk, Fullerton Riverside County: Jeff Stone, Riverside County . Thomas Buckley, Lake Elsinore - Bonnie Flickinger, Moreno Valley - Ron Loveridge, Riverside - Greg Pettis, Cathedral City - Ron Roberts, Temecula San Bernardino County: Gary Ovitt, San Bernardino County - Lawrence Dale, Barstow - Paui Eaton, Montclair - Lee Ann Garcia, Grand Terrace - Tim Jasper, Town of Apple Valley - Larry McCallon, Highland - Deborah Robertson, Rialto - Alan Wapner, Ontario Tribal Government Representative: Andrew Ma,iel Sr., Pechanga Band of Luiseno Indians Ventura County: Linda Parks, Ventura County - Glen Becerra, Simi Valley - Carl Morehouse, San Buenaventura -Toni Young, Port Hueneme Orange County Transportation Authority: Art Brown, Buena Park Riverside County Transportation Commission: Robin Lowe, Hemet Doc #139756 q le /46 c /, . 6.21.07 September 11, 2007 Mr. Hugh Riley Assistant City Manager City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 RE: SCAG Clearinghouse No. 1 20070522 Redevelopment Plan Amendment No. 2: Reinstatement of Eminent Domain ueal IVIr. . Riley.. Thank you for submitting the Redevelopment Plan Amendment No. 2: Reinstatement of Eminent Domain for review and comment. As areawide clearinghouse for regionally significant projects, SCAG reviews the consistency of local plans, projects and programs with regional plans. This activity is based on SCAG's responsibilities as a regional planning organization pursuant to state and federal laws and regulations. Guidance provided by these reviews is intended to assist local agencies and project sponsors to take actions that contribute to the attainment of regional goals and policies. We have reviewed the Redevelopment Plan Amendment No. 2: Reinstatement of Eminent Domain, and have determined that the proposed Project is not regionally significant per SCAG Intergovernmental Review (IGR) Criteria and California Environmental Quality Act (CEQA) Guidelines (Section 15206). Therefore, the proposed Project does not warrant comments at this time. Should there be a change in the scope of the proposed Project, we would appreciate the opportunity to review and comment at that time. A description of the proposed Project was published in SCAG's August 16 -31 2007 Intergovernmental Review Clearinghouse Report for public review and t:: ..... n viitr r ic i t t. The project title and SCAG Clearinghouse number should be used in all correspondence with SCAG concerning this Project. Correspondence should be sent to the attention of the Clearinghouse Coordinator. If you have any questions, please contact me at (213) 236 -1856. Thank you. Sincerely, SHERYLL DEL ROSARIO Associate Planner Intergovernmental Review Ventura County Transportation Commission: Keith Mdlhouse, Moorpark I �. 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CALL TO ORDER: Vice Chair Millhouse called the meeting to order at 7:20 p.m. 2. ROLL CALL: Present: Agency Members Mikos, Parvin, Van Dam, and Vice Chair Millhouse. Absent: Chair Hunter. Staff Present: Steven Kueny, Executive Director; Joseph Montes, General Counsel; Hugh Riley, Assistant Executive Director; David Moe, Redevelopment Manager; and Deborah Traffenstedt, Agency Secretary. 3. PUBLIC COMMENT: None. 4. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED) MOTION: Agency Member Parvin moved and Agency Member Mikos seconded a motion to approve the Consent Calendar. The motion carried by roll call vote 4 -0, Chair Hunter absent. A. Consider Approval of Minutes of Regular Meeting of June 20, 2007. Staff Recommendation: Approve the minutes. B. Consider Resolution Authorizing the Acquisition of 1095 Walnut Canyon and Acceptance of Grant Deed for Recordation. Staff Recommendation: 1) Adopt Resolution No. 2007 -177; 2) Authorize the Executive Director to execute all documents necessary to this transaction; and 3) Authorize the Agency Secretary to accept and consent to the recordation of any deed. C. Consider Resolution Authorizing the Acquisition of 1113 Walnut Canyon and Acceptance of Grant Deed for Recordation. Staff Recommendation: 1) Adopt Resolution No. 2007 -178; 2) Authorize the Executive Director to O(�Ui��� Minutes of the Redevelopment Agency Moorpark, California Page 2 July 18, 2007 execute all documents necessary to this transaction; and 3) Authorize the Agency Secretary to accept and consent to the recordation of any deed. 5. CLOSED SESSION: None was held. 7. ADJOURNMENT: Vice Chair Millhouse adjourned the meeting at 7:21 p.m. Patrick Hunter, Chair ATTEST: Deborah S. Traffenstedt Agency Secretary 000(W3 MOORPARK REDEVELOPMENT AGENDA REPORT TEEM .S. Z. ;iii° OF MOORPARK, CALIFORNIA Redevelopment Agency Meeting AGENCY ;xa011 . To: Honorable Agency Board of Directors From: Nancy Burns, Senior Management Analyst Date: September 7, 2007 (Agency Meeting of September 19, 2007) Subject: Consider Acceptance of Modified Proposal from A. Bates, General Contractor, Approval of Contract with Same for the Construction of Single Family Home at 81 First Street, and Amendment to Capital Improvement Budget for Construction Costs and Associated Permits and Fees BACKGROUND A bid solicitation, as approved by the Agency Board on April 4, 2007, has been conducted for construction services at 81 First Street to build a 3- bedroom -2 bath house. Notices were published in the Star, the architectural plans were provided to the Ventura County Contractors' Association Plan Room, and the Construction Manager engaged for this project provided informal notice about this project to contractors known to be active in Ventura County. DISCUSSION One bid was received July 26, 2007, for Three Hundred Forty -eight Thousand Nine Hundred Fifty Dollars ($348,950.00) from A. Bates, General Contractor. Although the bid solicitation was for a lump sum bid, a line item detail sheet was requested. This detail sheet showed a Five Thousand Dollar ($5,000.00) item that was not to be included in this project, so the proposed price has been adjusted to Three Hundred Forty -three Thousand Nine Hundred Fifty Dollars ($343,950.00). Staff reviewed the bid with the Construction Manager and found it to be responsive. Staff has estimated all permits and fees to be approximately Fifteen Thousand Two Hundred Dollars ($15,200.00). Four Thousand Dollars ($4,000.00) was 0000,14 Honorable Agency Board of Directors Meeting of 9/19/07 Page 2 initially budgeted for these costs. A budget amendment is needed in order to go forward with this project. STAFF RECOMMENDATION ROLL CALL VOTE REQUIRED 1. Accept the bid proposal from A. Bates, General Contractor, with an adjusted price of Three Hundred Forty -three Thousand Nine Hundred Fifty Dollars ($343,950.00); and authorize the Executive Director to execute contract documents in the form of the attached Contract Between the Redevelopment Agency of the City of Moorpark and A Bates, General Contractor, and any associated documents; and 2. Adopt Resolution No. 2007 - to amend the FY 2007/2008 budget as discussed in this report and shown on Exhibit A to the Resolution. Attachment A Contract with Bid Proposal Attachment B Resolution No. 2007 - 0000Y°s ATTACHMENT A CONTRACT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK AND A. BATES, General -Contractor FOR THE CONSTRUCTION OF SINGLE- FAMILY RESIDENTIAL HOME THIS CONTRACT is made and entered into in the City of Moorpark on this day of , 2007, by and between the REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK, a municipal corporation, hereinafter referred to as "AGENCY," and A. BATES, General Contractor, hereinafter referred to as "CONTRACTOR ". RECITALS: WHEREAS, on June 29, 2007, AGENCY invited bids for the Construction of a Single - Family Home at 81 First Street, Moorpark, California; and WHEREAS, pursuant to said invitation, CONTRACTOR submitted a Proposal which was accepted by AGENCY for said project; and NOW, THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the parties hereto agree as follows: 1. Recitals. The foregoing recitals are true and correct and are a part of this CONTRACT. 2. Term. The term of this CONTRACT shall be from the date this CONTRACT is made and entered, as first written above, and shall be completed upon final acceptance of the 81 First Street residence project by the AGENCY and expiration of the guarantee period. 3. Incorporation By Reference. All bid documents, Public Contract Code Section 22300, Bidder's Proposal, General Conditions of the Contract for Construction, plans, drawings, and specifications, required bonds and forms, and all applicable regulations are hereby incorporated in and made a part of this CONTRACT. 4. Precedence of Contract Documents. If there is a conflict between the CONTRACT documents then the document with highest precedence shall control. The precedence shall be as provided in Section 2 -5.2 of the Greenbook. 5. Agency's Obligations. For furnishing all labor, material and equipment as specified in this CONTRACT, and for performing all work as specified in this CONTRACT, AGENCY will pay and CONTRACTOR shall receive therefore compensation in a total lump sum of Three Hundred Forty -three Thousand Nine Hundred Fifty dollars ($343,950). Payments to the CONTRACTOR shall be made pursuant to the following payment provisions and as incorporated herein. 000006 A. Payments to the CONTRACTOR shall be made within thirty (30) days after receipt of an approved original payment request form from the CONTRACTOR, in an amount acceptable to AGENCY, compliance with this CONTRACT, and AGENCY'S acceptance of the work specified, and submittal of required releases, and other documents required by the payment schedule based on work progress. All payments shall be subject to applicable retention requirements. B. AGENCY shall make regular progress payments to the CONTRACTOR. In no event shall the total amount paid exceed the CONTRACT bid price of $343,950, unless otherwise agreed to by parties in writing. 6. Obligations of the Contractor. CONTRACTOR shall perform as required by this CONTRACT. CONTRACTOR also warrants on behalf of itself and all subcontractors engaged for the performance of this CONTRACT that only persons authorized to work in the United States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the work hereunder. 7. Audit. AGENCY shall have the option of inspecting and /or auditing all records and other written materials used by CONTRACTOR in preparing its billings to AGENCY as a condition precedent to any payment to CONTRACTOR. Contractor will promptly furnish documents requested by AGENCY. 8. Indemnification. Except for the gross negligence or willful misconduct of an Indemnitee (as hereinafter defined), the Contractor hereby assumes liability for and agrees to defend (at Indemnitees' option), indemnify, protect and hold harmless AGENCY and its Project Consultants, and Engineers, officers, agents, and employees ( "Indemnitees ") from and against any and all claims, charges, damages, demands, actions, proceedings, losses, stop notices, costs, expenses (including counsel fees), judgments, civil fines and penalties, liabilities of any kind or nature whatsoever, which may be sustained or suffered by or secured against the Indemnitees arising out of or encountered in connection with this Agreement or the performance of the Work including but not limited to, death of or bodily or personal injury to persons or damage to property, including property owned by or under the care and custody of AGENCY, and for civil fines and penalties, that may arise from or be caused, in whole or in part, by any negligent or other act or omission of Contractor, its officers, agents, employees or Subcontractors including but not limited to, liability arising from: A. Any dangerous, hazardous, unsafe or defective condition of, in or on the premises, of any nature whatsoever, which may exist by reason of any act, omission, neglect, or any use or occupation of the premises by Contractor, its officers, agents, employees, or subcontractors; B. Any operation conducted upon or any use or occupation of the premises by Contractor, its officers, agents, employees, or subcontractors under or pursuant to the provisions of this contract or otherwise; 0000 o; C. Any act, omission or negligence of Contractor, its officers, agents, employees, or Subcontractors. D. Any failure of Contractor, its officers, agents or employees to comply with any of the terms or conditions of this Contract or any applicable federal, state, regional, or municipal law, ordinance, rule or regulation; and E. The conditions, operations, uses, occupations, acts, omissions or negligence referred to in items (1), (2), (3), and (4) (above) existing or conducted upon or arising from the use or occupation by Contractor on any other premises in the care, custody and control of AGENCY. Contractor's obligations under this Section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of AGENCY under any provision of this agreement, Contractor shall not be required to indemnify and hold harmless AGENCY for liability attributable to the active negligence of AGENCY, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where AGENCY is shown to have been actively negligent and where AGENCY'S active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of AGENCY. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this agreement. In the event Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this section. Failure of AGENCY to monitor compliance with these requirements imposes no additional obligations on AGENCY and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend AGENCY as set forth here is binding on the successors, assigns or heirs of Contractor and shall survive the termination of this agreement or this section. This Indemnity shall survive termination of the Agreement or Final Payment hereunder. This Indemnity is in addition to any other rights or remedies that the Indemnitees may have under the law or under any other Contract Documents or Agreements. In the event of any claim or demand made against any party which is entitled to be indemnified hereunder, AGENCY may, in its sole discretion, reserve, retain or apply any monies to the Contractor under this Agreement for the purpose of resolving such claims; provided, however, AGENCY may release such funds if the Contractor provides AGENCY with reasonable assurance of protection of the Indemnitees' interests. AGENCY shall, in its 0000 "S sole discretion, determine whether such assurances are reasonable. 9. Amendments. Any amendment, modification, or variation from the terms of this CONTRACT shall be in writing and shall be effective only upon written approval by AGENCY. 10. Anti - Discrimination. In the performance of the terms of this CONTRACT, CONTRACTOR shall not engage in, nor permit subcontractors to engage in discrimination in employment of persons because of the age, race, color, religious creed, sex, sexual orientation, national origin, ancestry, physical disability, mental disability, medical condition, or marital status of such persons. Violation of this provision may result in the imposition of penalties referred to in Labor Code Section 1735. 11. Apprenticeship. Contractor must comply with all provisions of Labor Code Section 1777.5. 12. Termination. If, during the term of this CONTRACT, AGENCY determines that CONTRACTOR is not faithfully abiding by any term or condition contained herein, including the CONTRACTOR'S refusal or failure to prosecute the work on any separate part thereof with such diligence as will ensure its completion within the time specified or any extension thereof, AGENCY may notify CONTRACTOR in writing of such defect or failure to perform. The notice must give to the CONTRACTOR a five (5) calendar day period of time thereafter in which to perform said work or cure the deficiency. This includes, without limitation, increasing the work force and speeding delivery of materials. If CONTRACTOR has not performed the work or cured said deficiency within the five (5) days specified in the notice, such failure shall constitute a breach of this CONTRACT, and AGENCY may terminate this CONTRACT immediately by written notice to CONTRACTOR to said effect. Thereafter, neither party shall have any further duties, obligations, responsibilities, or rights under this CONTRACT except, however, any and all obligations of CONTRACTOR'S surety shall remain in full force and effect, and shall not be extinguished, reduced, or in any manner waived by the termination hereof. In said event, CONTRACTOR shall be entitled to the reasonable value of its services performed from the beginning of the period in which the breach occurs up to the day it received AGENCY'S Notice of Termination, minus any damages, occasioned by such breach. AGENCY reserves the right to delay any such payment, if any, until completion or confirmed abandonment of the project, as may be determined in the AGENCY'S sole discretion, so as to permit a full and complete accounting of costs. In no event, however, shall CONTRACTOR be entitled to receive in excess of the compensation quoted in its bid. 13. Insurance. CONTRACTOR shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit A attached to and part of this agreement. 14. This CONTRACT shall constitute the complete CONTRACT between the parties hereto. No oral agreement, understanding, or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such oral agreement, understanding, or representation be binding upon the parties hereto. 15. It is expressly understood between the parties to this CONTRACT that no employee /employer relationship is intended; CONTRACTOR is an independent contractor. 16. Time of Performance. Time is of the essence in this CONTRACT. 17. Conflict of Interest. Neither CONTRACTOR nor any employees, agents or subcontractors of CONTRACTOR who will be assigned to this project, to the best of CONTRACTOR'S knowledge, own any property or interest in properties, business relationships, or sources of income which may be affected by the performance of this CONTRACT. Should one party hereto learn of any such interest, income source, or business relationship, such fact shall immediately be brought to the attention of the other party hereto. If the parties thereupon cannot mutually agree upon a means to eliminate the conflict, AGENCY may terminate the CONTRACT immediately for non - performance pursuant to Section 12 herein. 18. Successors and Assigns. The terms hereof shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto; provided, however, that no party hereto shall assign any of the benefits and burdens hereunder, whether voluntarily or by operation of law, without the prior written consent of the other party, and any such assignment without said consent shall be void. 19. Notices. All written notices required by, or related to this CONTRACT shall be sent by United States mail, postage prepaid by registered or certified mail addressed as listed below to Bagwell Construction Services, Inc., the AGENCY's Project Representative, with copy to the AGENCY. Neither of the above - mentioned parties shall refuse to accept such mail. The parties to this CONTRACT shall promptly inform the other party of any change of address. All notices required by this CONTRACT are effective on the day of receipt, unless otherwise indicated herein. The mailing address of each party to this CONTRACT, and the mailing address of the AGENCY's Project Representative are as follows: AGENCY: REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK 799 Moorpark Avenue Moorpark, CA 93021 Agency Contact: Executive Director 000010 CONTRACTOR: A. Bates, General Contractor 4456 Industrial Street Simi Valley, CA 93063 Contractor Contact: Anthony Bates, General Contractor PROJECT REPRESENTATIVE: Bagwell Construction Services, Inc. 5214 Bonsai Avenue, Suite A Moorpark, CA 93021 Project Representative: David Bagwell, President & CEO 20. Authority to Execute Contract. Both AGENCY and CONTRACTOR do covenant that each individual executing this CONTRACT on behalf of each party is a person duly authorized and empowered to execute CONTRACTS for such party. REDEVELOPMENT AGENCY OF CONTRACTOR: THE CITY OF MOORPARK A. BATES, G.C. Steven Kueny Executive Director ATTEST: Deborah S. Traffenstedt, Agency Secretary Exhibit "A" Exhibit "B" Name: Title: Insurance Requirements Bid Documents 000011 EXHIBIT A INSURANCE REQUIREMENTS Prior to the beginning of and throughout the duration of the Work, CONTRACTOR will maintain insurance in conformance with the requirements set forth below. CONTRACTOR will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, it will be amended to do so. CONTRACTOR acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to AGENCY in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to AGENCY. CONTRACTOR shall provide the following types and amounts of insurance: 1. Commercial General Liability Insurance using Insurance Services Office "Commercial General Liability" policy form CG 00 01 or the equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits shall be no less than $1,000,000 per occurrence for all covered losses and no less than $2,000,000 general aggregate. CONTRACTOR'S policy shall contain no endorsements limiting coverage beyond the basic policy coverage grant for any of the following • Explosion, collapse or underground hazard (XCU) • Products and completed operations • Pollution liability • Contractual liability Coverage shall be applicable to AGENCY for injury to employees of CONTRACTOR'S subcontractors or others involved in the project. Policy shall be endorsed to provide a separate limit applicable in this project. 2. Worker's Compensation on a state - approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1,000,000 per accident for all covered losses. CONTRACTOR shall procure and maintain during the life of the contract, worker's compensation insurance or a valid certificate of consent to self- insure for all its employees engaged in or at the site of the project; and in case any of the work is sublet, the Contractor shall require all subcontractors to similarly provide worker's compensation insurance for all the 000012 latter's employees unless such employees are covered by protection afforded by worker's compensation insurance carried by the CONTRACTOR. By submitting a bid pursuant to these specifications, CONTRACTOR hereby certifies that it is aware of the provisions of Section 3700 et seq. of the California Labor Code which require every employer to be insured against liability for Worker's Compensation. In the event the Worker's Compensation Insurance submitted by the contractor becomes inoperative any time before the completion of the work, all work shall immediately cease until a new policy is obtained and any time so lost shall not entitle the CONTRACTOR to any extension of time. Certificates shall unequivocally provide at least thirty (30) days written notice by certified mail to the Agency prior to cancellation or modification. 3. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 06 92 including symbol 1 (Any Auto) or the exact equivalent. Limits shall be no less than $1,000,000 per accident, combined single limit. If CONTRACTOR owns no vehicles, this requirement may be satisfied by a non -owned auto endorsement to the general liability policy described above. If CONTRACTOR or CONTRACTOR'S employees will use personal autos in any way on this project, CONTRACTOR shall provide evidence of personal auto liability coverage for each such person. 4. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an umbrella liability policy shall include a drop down provision providing primary coverage above a maximum $25,000 self- insured retention for liability not covered by primary but covered by the umbrella. Coverage shall be provided on a "pay on behalf" basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to AGENCY and its Consultants for injury to employees of CONTRACTOR, subcontractors or others involved in the Work. The scope of coverage provided is subject to approval of AGENCY following receipt of proof of insurance as required herein. Limits are subject to review but in no event less than $1,000,000 per occurrence and aggregate. 5. Course of Construction insurance shall provide "all risk" coverage for the completed value of the project. Policies shall contain the following provisions: (1) AGENCY shall be named as loss payee; and (2) the insurer shall waive all rights of recovery against the AGENCY. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with an A.M. Best rating of A- or better and a minimum financial size VII. 0 00 01.3 CONTRACTOR and AGENCY agree as follows: 1. CONTRACTOR agrees to endorse the third party general liability coverage required herein to include as additional insureds AGENCY, its officials, employees and agents, and its Consultant (Bagwell Construction Services, Inc.) using standard ISO endorsement No. CG 2010 with an edition date of 1985. CONTRACTOR also agrees to require all contractors, subcontractors, and any one else involved in any way with the project contemplated by this agreement to do likewise. 2. Any waiver of subrogation express or implied on the part of AGENCY to any party involved in this agreement or related documents applies only to the extent of insurance proceeds actually paid. AGENCY, having required that it be named as an additional insured to all insurance coverage required herein, expressly retains the right to subrogate against any party for sums not paid by insurance. For its part, CONTRACTOR agrees to waive subrogation rights against AGENCY regardless of the applicability of any insurance proceeds, and to require all contractors, subcontractors or others involved in any way with the project(s) contemplated by this agreement, to do likewise. 3. All insurance coverage maintained or procured by CONTRACTOR or required of others by CONTRACTOR pursuant to this agreement shall be endorsed to delete the subrogation condition as to AGENCY, or to specifically allow CONTRACTOR or others providing insurance herein to waive subrogation prior to a loss. This endorsement shall be obtained regardless of existing policy wording that may appear to allow such waivers. 4. It is agreed by CONTRACTOR and AGENCY that insurance provided pursuant to these requirements is not intended by any party to be limited to providing coverage for the vicarious liability of AGENCY, or to the supervisory role, if any, of AGENCY. All insurance coverage provided pursuant to this or any other agreement (express or implied) in any way relating to AGENCY is intended to apply to the full extent of the policies involved. Nothing referred to here or contained in any agreement involving AGENCY in relation to the project(s) contemplated by this agreement is intended to be construed to limit the application of insurance coverage in any way. 5. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to AGENCY and approved of in writing. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the AGENCY, as the need arises. CONTRACTOR shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) which may affect AGENCY's protection without AGENCY's prior written consent. 000014. 7. Proof of compliance with these insurance requirements, consisting of binders of coverage, endorsements, and certificates of insurance, shall be delivered to AGENCY at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, AGENCY has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by AGENCY shall be charged to and promptly paid by CONTRACTOR or deducted from sums due CONTRACTOR, at AGENCY option. 8. CONTRACTOR agrees to endorse, and to require others to endorse, the insurance provided pursuant to these requirements, to require 30 days notice to AGENCY and the appropriate tender prior to cancellation of such liability coverage and notice of any material alteration or non - renewal of any such coverage, and to require contractors, subcontractors, and any other party in any way involved with the project contemplated by this agreement to do likewise. 9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by CONTRACTOR or any subcontractor, is intended to apply first and on a primary non - contributing basis in relation to any other insurance or self insurance available to AGENCY. 10. CONTRACTOR agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by CONTRACTOR, provide the same minimum insurance coverage required of CONTRACTOR. CONTRACTOR agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. CONTRACTOR agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to AGENCY for review. 11. CONTRACTOR agrees that all layers of third party liability coverage required herein, primary, umbrella and excess, will have the same starting and expiration date. CONTRACTOR agrees further that all other third party coverages required herein will likewise have concurrent starting and ending dates. 12. CONTRACTOR agrees not to self- insure or to use any self- insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self- insure its obligations to AGENCY. If CONTRACTOR's existing coverage includes a deductible or self- insured retention, the deductible or self- insured retention must be declared to the AGENCY. At that time the AGENCY shall review options with the 00001"S CONTRACTOR, which may include reduction or elimination of the deductible or self- insured retention, substitution of other coverage, or other solutions. 13. The AGENCY reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the CONTRACTOR ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the CONTRACTOR, the AGENCY will negotiate additional compensation proportional to the increased benefit to AGENCY. 14. For purposes of applying insurance coverage only, all contracts pertaining to the project will be deemed to be executed when finalized and any activity commences in furtherance of performance under this agreement. 15. CONTRACTOR acknowledges and agrees that any actual or alleged failure on the part of AGENCY to inform CONTRACTOR of non - compliance with any insurance requirement in no way imposes any additional obligations on AGENCY nor does it waive any rights hereunder in this or any other regard. 16. CONTRACTOR will renew the required coverage annually as long as AGENCY, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. The insurance shall include but not be limited to products and completed operations and discontinued operations, where applicable. Termination of this obligation is not effective until AGENCY executes a written statement to that effect. 17. CONTRACTOR agrees to waive its statutory immunity under any workers' compensation statute or similar statute, in relation to the AGENCY, and to require all subcontractors and any other person or entity involved in the project contemplated by this agreement to do likewise. 18. Requirements of specific coverage features are not intended as limitations on other requirements or as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be all- inclusive. 19. Any provision in any of the construction documents dealing with the insurance coverage provided pursuant to these requirements is subordinate to and superseded by the requirements contained herein. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such. 20. CONTRACTOR agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge AGENCY or CONTRACTOR for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to AGENCY. It is not the intent of AGENCY to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against AGENCY for payment of premiums or other amounts with respect thereto. 21. CONTRACTOR agrees to obtain and provide to AGENCY a copy of Professional Liability coverage for Architects or Engineers working on this project through CONTRACTOR. AGENCY shall determine the liability limit. 22. All liability coverage provided according to these requirements must be endorsed to provide a separate aggregate limit for the project that is the subject of this agreement and evidencing products and completed operations coverage for not less than two years after issuance of a final certificate of occupancy by all appropriate government agencies or acceptance of the completed work by the AGENCY. `)000rl..'i EXHIBIT B BID PROPOSAL TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK MOORPARK, CALIFORNIA Single - Family Residential Construction Project 81 First Street, Moorpark, CA 93021 RECEIVED .)UL 2 6 2007 (1s i 1 C:. ; iKs DIVISION &-y C. F MOORPARK Bids To Be Received — July 20, 2007 before 4:00 p.m. Completion Time - A00 Consecutive Working Days from issuance of the Notice to Proceed. CONTRACTOR Name 1-f i��` S � l%/�04'L (1/V� /1 —el e_ Street Address �}7� wJ S T. S %���T City .S �� LC State _ _ Zip Code __5-C-7 Telephone Number Contractor's License No %� /� Class4g, Expiration Date The undersigned swears under penalty of perjury that the information regarding the Contractor's License is true and correct. i Signature of Bidder j Title: BID SCHEDULE It is understood that the lump sum bid includes without limitation, all appurtenant expenses, permits, taxes, royalties, and fees associated with the work described within these bid documents. THE AGENCY RESERVES THE RIGHT TO INCREASE OR DECREASE THE CONTRACT. Lump Sum Base Bid: ($ �Jec'� �- I'uN3R�b y'�E>>fl Tl��2s�vt� io-ve n I a �j ��7, Dollars and �� Cents Moorpark Redevelopment Agency Bid Package 81 First Street Residence Project Page 6 of 60 00001's BID PROPOSAL (continued) TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID Bid Due DateiTime: July 20, 2007 before 4:00 p.m. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into Contract with the Redevelopment Agency of the City of Moorpark to perform the Work as specified or indicated in said Contract Documents entitled: 81 First Street Residence Project, Moorpark, California. Bidder accepts all of the terms and conditions of the Contract Documents, including without limitations, those in the Notice Inviting Bids and Instructions to Bidders. This Bid will remain open for the period stated in the Notice Inviting Bids. The Bidder will enter into a Contract within the time and in the manner as required in the Instructions to Bidders and will furnish the insurance certificates and Bonds as required by the Contract Documents. Bidder has examined copies of all the Contract Documents through and inclusive of the following Bid Addenda (receipt of which is hereby acknowledged), Bid Addenda Number: / Date: 0 7 Bid Addenda Number: Date: tom— �.�. P7 Bidder has familiarized itself with the nature and extent of the Contract Documents, the Work, the site together with the surrounding environment and locality, the legal requirements involved (including all applicable federal, state and local laws, ordinances, rules, regulations, codes, etc.) and the conditions affecting costs, progress or performance of the Work and has made such independent investigations as Bidder deems necessary. To all the foregoing said Bidder further agrees, to complete the Work required under the Contract Documents within the Contract Time stipulated, and to accept in full payment therefore the Contract Price named in the aforementioned Bid Schedule(s). The bid must be signed in the name of the bidder and must bear the signature in longhand of the person duly authorized to sign for the Contractor. Bidder: �f',� /�r�%� �J�. L�� M naturSlAuth6fzed Repfesentative) Title,-52' ?� Dated:_ — -551 Moorpark Redevelopment Agency Bid Package 81 First Street Residence Project Page 7 of 60 000019 NON - COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID STATE OF CALIFORNIA) COUNTY OF V rMt_3,4 ) SS. AGENCY OF >� being first duly sworn, deposes and says that he /she is S of s F,, G. the party making the foregoing bid; that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived,. or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his /her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Name of Bidder Signatur,9'16rBiddef Address of Bi derma ALL SIGNATURES MUST BE WITNESSED BY NOTARY (attach appropriate executed form) Moorpark Redevelopment Agency Bid Package 81 First Street Residence Project Page 8 of 60 000020 BIDDER'S STATEMENT OF SUBCONTRACTORS AND MATERIAL FABRICATORS TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID Provide a complete .list of all Subcontractors who will perform more than 5% of the value of the total lump sum bid amount. PLEASE PRINT LEGIBLY Name Under Which Subcontractor is License Licensed No.& Class Business Address E3e. si 14 c C�`jb63 Percent Type of work to Work be done' ,F,r� /o Total Percentage 2 '� -- '27 - S;'rgria re(s) of Bidder Date ' Based on contract price 2 May not exceed 50% of contract price. See Greenbook Section 2 -3.2 Moorpark Redevelopment Agency Bid Package 81 First Street Residence Project Page 17 of 60 0000"?1. A. BATES General Contractor 4456 Industrial St. Simi Valley, CA 93063 CSL #B1705414 Phone: (805) 520 -1455 (818) 342 -2837 Fax: (805) 520 -1456 (818) 342 -2831 The following list of projects applies to A. Bates G.C. only, and it includes a random selection of projects from over eight years, which vary in size and scope. 1. Housing Authority of the City of San Buenaventura Office Remodel Project. Contact: Project Manager: Mike DelDosso (805) 647 -5990 2. Area Housing Authority of the County of Ventura; Kitchen & Bathroom Faucet Replacement Project in multiple locations. Contact: Pam Casey Facilities Administrator (805) - 480 -9991 3. City of Santa Paula: Three buildings; Seismic Repair and Remodel Contact: Director, Santa Paula Building & Safety, Steve Stewart at (805) 933 -4259 4. City of San Buenaventura: City Hall locker room Contact: Chief Engineer,City of San Buenaventura, Rob Duvoux, at (805) 654 -7821 283 single - family residences plus common area: Litigation and Rehabilitation Project. 1St phase - Senior Consultant -in progress. Contact: Law offices of David J. Mirback at (805) 522 -5985 6. L.A. County Department of Senior Services: Multiple Construction Projects. Contact: L.A. County Project Manager, Ken Regelado, at (213) 738 -2920 7. L.A. County Department of Public Works: Hydrostatic Dam Project - Antelope Valley Rehabilitation Center. Contact: L.A. County Project Manager, Bert Haymen, at (661) 269 -0144 8. Las Virgenes Unified School District: Multiple Construction Projects. Contact: Las Virgenes Project Manager, Rodney Hippenhammer, at (818) 878 -5280 9. Hall of Justice, Treasure and Tax Collections office: Renovation and Repair Project. Contact: L.A. County Project Manager, Freddie Miller, at (213) 974 -2173 10. Rescue Mission Alliance: Structural Rehabilitation Project. Contact: Project Manager, Randy Roberg, at (805) 487 -1234 Ext. 210 Other project locations include Hollywood Bowl, L.A. County Art Museum, Hart Park (Historical Project), Pete Pitches Prison, Dorothy Chandler Pavilion, and many, many more. Further information available upon request. ates 6 .C. 000022 A. BATES General Contractor 4456 Industrial Street Simi Valley, CA 93063 CSL 01705414 Phone: (80,5) 520 -1455 (818) 342 -2837 Fax: (805) 520 -1456 (818) 342 -2831 Brief Introduction The Bates family has been in the trades for over one hundred years. Starting as carpenters, we have multiple licenses and specialized training. Our father,-.C.A. Bates and Sons (License #444594), who has retired, believes in the importance of government service and has recently completed twenty years as Building Official and Law Enforcement Inspector for the Department of Building and Safety for the City of Los Angeles. Dan Bates and two of our brother -in -laws are currently serving in the same capacity. Anthony M. Bates (A. Bates G.C.) spent twelve years with the Community Development Department's Housing Division with the title, Rehabilitation Construction Specialist. Before staring his own company, Mr. Bates administered, controlled and was responsible for several multi million dollar ($10 million plus) projects. Our total list of completed projects is very extensive. We are often used as consultants, project managers, and contractors for "secure location" government projects. In addition, we were actively involved players in the recovery from the Northridge Earthquake Disaster in multiple capacities. Please call us for additional information. Thank you for the opportunity to be of service to you. 5fates 0 ( 0 <1` Attachment B RESOLUTION NO. 2007 - A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING THE FISCAL YEAR 2007/2008 BUDGET BY APPROPRIATING $155,150.00 FROM THE HOUSING SETASIDE FUND FOR THE CONSTRUCTION OF 81 FIRST STREET AND ASSOCIATED FEES WHEREAS, on June 20, 2007, the Moorpark Redevelopment Agency Board of Directors adopted the Moorpark Redevelopment Agency budget for Fiscal Year 2007/2008; and WHEREAS, the Redevelopment Agency of the City of Moorpark desires to utilize Housing Setaside funds to construct a single family residence at 81 First Street for affordable housing purposes and budgeted $200,000.00 in this FY 2007/2008 budget for construction of the dwelling and $4,000.00 for permits and fees for the project; and WHEREAS, the Redevelopment Agency has received a qualified bid for a modified cost of $343,950.00 after a bid solicitation process and anticipates incurring approximately $15,200.00 in permits and fees associated with the construction of this project; and WHEREAS, the Board of Directors of the Redevelopment Agency of the City of Moorpark now wishes to amend the adopted budget by $155,150.00, to reflect the costs as stated above. NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. A budget amendment in the total amount of $155,150.00 from the Housing Setaside Fund, for the construction of a single family home at 81 First Street, as more particularly described in Exhibit "A ", attached hereto, is hereby approved. SECTION 2. The Agency Secretary shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original Resolutions. PASSED AND ADOPTED this 19th day of September, 2007. Patrick Hunter, Chair ATTEST: Deborah S. Traffenstedt, Agency Secretary Attachment: Exhibit "A" — Budget Amendment Detail 000024. EXHIBIT A BUDGET AMENDMENT FOR REDEVELOPMENT HOUSING SETASIDE FUNDS 2007 -2008 FUND ALLOCATION FROM: Fund Account Number Amount Housing Setaside 2901 -5500 $ 155,150.00 $ 143,950.00 $ 343,950.00 2901 -2420- 5029 -9603 Total $ 11,200.00 $ 155,150.00 DISTRIBUTION OF APPROPRIATION TO EXPENSE ACCOUNTS: Account Number Current Budget Revision Amended Budget 2901 -2420- 5029 -9620 $ 200,000.00 $ 143,950.00 $ 343,950.00 2901 -2420- 5029 -9603 $ 4,000.00 $ 11,200.00 $ 15,200.00 Total j $ 204,000.00 1 $ 155,150.00 1 $ 359,150.00 Approved as to Form: 0000 I°M 5. G. Redevelopment Agency Meeting ACTION, _ MOORPARK REDEVELOPMENT AGE' Y AGENDA REPORT TO: Honorable Agency Board of Directors FROM: David C. Moe 11, Redevelopment Manager BY: Jessica Sczepan, Administrative Speciali DATE: September 4, 2007 (Agency Meeting of 9/19/07) SUBJECT: Consider Award of Bid and Project Approval for the Demolition of Grain Silos at 192 High Street and Resolution Amending Fiscal Year 2007/08 Budget to Fund the Project BACKGROUND & DISCUSSION On May 2, 2007, staff was authorized to start the process to remove the four grain silos located at 192 High Street. Pursuant to that authorization, a notice inviting bids was published on July 20 and 25, 2007. While not mandatory, the bid package stressed the importance of a bid that proposed recycling the steel, rather then diverting it to the landfill. If they chose the recycling option, the bidders were instructed to give a credit to the Agency for the value of the steel. Three bids were received by the due date of August 2, 2007. The results are: A. Bates, General Contractor $69,950.00 American Wrecking, Inc. $46,700.00 Standard Industries $39,113.00 The proposals were evaluated on their completeness, whether they proposed to recycle the steel, and cost. The low bidder is Standard Industries. Standard Industries possesses the necessary qualifications, and experience to perform the work. In addition, they are submitting a bid that proposes to recycle the scrap steel. A budget amendment in the amount of $44,000 from the MRA — Area 1 Operations fund is required to fund this project. This includes an approximate 10% project contingency. ENVIRONMENTAL DOCUMENTATION As this project involves the demolition and removal of a few individual accessory structures, and there is no reasonable possibility that it would result in a significant 0 00 t_f G Honorable Agency Board September 19, 2007 Page 2 effect on the environment, either individually or cumulatively in consideration of other reasonably foreseeable projects, it is categorically exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to Section 15301(1)(4) of the CEQA Guidelines. If this project is approved, a Notice of Exemption will be filed with the County Clerk. STAFF RECOMMENDATION (ROLL CALL VOTE) 1) Approve the removal of the grain silos; and 2) Award bid to Standard Industries and authorize execution of the Agreement, subject to final language approval by the Executive Director and Agency Counsel, and 3) Adopt Resolution No. 2007- Attachment 1 — Agreement Attachment 2 — Resolution No. 2007- 00002`1 ATTACHMENT 1 AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK AND JDML INC. DBA STANDARD INDUSTRIES FOR DEMOLITION SERVICES THIS AGREEMENT is made and entered into in the City of Moorpark on this day of , 2007, by and between the REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK, a municipal corporation, hereinafter referred to as "AGENCY," and JDML, Inc. dba Standard Industries hereinafter referred to as "CONTRACTOR ". RECITALS WHEREAS, on August 2, 2007, AGENCY invited bids for the demolition of four grain silos at 192 High Street, Moorpark, California; and WHEREAS, pursuant to said invitation, CONTRACTOR submitted a Proposal which was accepted by AGENCY for said project; and NOW, THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the parties hereto agree as follows: 1. Recitals. The foregoing recitals are true and correct and are a part of this AGREEMENT. 2. Term. The term of this Agreement shall be from the date this Agreement is made and entered, as first written above, and shall be completed upon final acceptance of the demolition project by the AGENCY and expiration of the guarantee period. 3. Incorporation By Reference. All bid documents, Public Contract Code Section 22300, Bidder's Proposal, General Conditions of the Contract for Construction, plans, drawings, and specifications, required bonds and forms, and all applicable regulations are hereby incorporated in and made a part of this AGREEMENT. 4. Precedence of Agreement Documents. If there is a conflict between the Agreement documents then the document highest in precedence shall control. The precedence shall be as provided in Section 2 -5.2 of the Greenbook. 5. Agency's Obligations. For furnishing all labor, material and equipment as specified in this Agreement, and for performing all work as specified in this Agreement, AGENCY will pay and CONTRACTOR shall receive therefore compensation in a total lump sum of thirty -nine thousand one hundred and thirteen dollars ($39,113). Payments to the CONTRACTOR shall be made pursuant to the following payment provisions and as incorporated herein. A lump sum payment to the CONTRACTOR will be made upon completion and acceptance of the work. Payment will be made within thirty (30) days after receipt of an approved original payment request form from the CONTRACTOR, in an amount Page 1 of 6 000028 acceptable to AGENCY, confirmation of compliance with this Agreement, and AGENCY'S acceptance of the work specified, and submittal of required releases, certified payroll reports and other documents required by the payment schedule based on work progress. All payments shall be subject to applicable retention requirements. 6. Obligations of the Contractor. CONTRACTOR shall perform as required by this AGREEMENT. CONTRACTOR also warrants on behalf of itself and all subcontractors engaged for the performance of this Agreement that only persons authorized to work in the United States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the work hereunder. 7. Audit. AGENCY shall have the option of inspecting and/or auditing all records and other written materials used by CONTRACTOR in preparing its billings to AGENCY as a condition precedent to any payment to CONTRACTOR. Contractor will promptly furnish documents requested by AGENCY. 8. Indemnification. Except for the gross negligence or willful misconduct of an Indemnitee (as hereinafter defined), the Contractor hereby assumes liability for and agrees to defend (at Indemnitees' option), indemnify, protect and hold harmless AGENCY and its Project Consultants, and Engineers, officers, agents, and employees ( "Indemnitees ") from and against any and all claims, charges, damages, demands, actions, proceedings, losses, stop notices, costs, expenses (including counsel fees), judgments, civil fines and penalties, liabilities of any kind or nature whatsoever, which may be sustained or suffered by or secured against the Indemnitees arising out of or encountered in connection with this Agreement or the performance of the Work including but not limited to, death of or bodily or personal injury to persons or damage to property, including property owned by or under the care and custody of AGENCY, and for civil fines and penalties, that may arise from or be caused, in whole or in part, by any negligent or other act or omission of Contractor, its officers, agents, employees or Subcontractors including but not limited to, liability arising from: 1. Any dangerous, hazardous, unsafe or defective condition of; in or on the premises, of any nature whatsoever, which may exist by reason of any act, omission, neglect, or any use or occupation of the premises by Contractor, its officers, agents, employees, or subcontractors; and 2. Any operation conducted upon or any use or occupation of the premises by Contractor, its officers, agents, employees, or subcontractors under or pursuant to the provisions of this Agreement or otherwise; and 3. Any act, omission or negligence of Contractor, its officers, agents, employees, or Subcontractors; and 4. Any failure of Contractor, its officers, agents or employees to comply with any of the terms or conditions of this Agreement or any applicable federal, state, regional, or municipal law, ordinance, rule or regulation. Page 2 of 6 000029 Contractor's obligations under this Section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of AGENCY under any provision of this agreement, Contractor shall not be required to indemnify and hold harmless AGENCY for liability attributable to the active negligence of AGENCY, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where AGENCY is shown to have been actively negligent and where AGENCY'S active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of AGENCY. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this agreement. In the event Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this section. Failure of AGENCY to monitor compliance with these requirements imposes no additional obligations on AGENCY and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend AGENCY as set forth here is binding on the successors, assigns or heirs of Contractor and shall survive the termination of this agreement or this section. This Indemnity shall survive termination of the Agreement or Final Payment hereunder. This Indemnity is in addition to any other rights or remedies that the Indemnitees may have under the law or under any other Contract Documents or Agreements. In the event of any claim or demand made against any party which is entitled to be indemnified hereunder, AGENCY may, in its sole discretion, reserve, retain or apply any monies to the Contractor under this Agreement for the purpose of resolving such claims; provided, however, AGENCY may release such funds if the Contractor provides AGENCY with reasonable assurance of protection of the Indemnitees' interests. AGENCY shall, in its sole discretion, determine whether such assurances are reasonable. 9. Amendments. Any amendment, modification, or variation from the terms of this Agreement shall be in writing and shall be effective only upon written approval by AGENCY. 10. Anti - Discrimination. In the performance of the terms of this Agreement, CONTRACTOR shall not engage in, nor permit subcontractors to engage in discrimination in employment of persons because of the age, race, color, religious creed, sex, sexual orientation, national origin, ancestry, physical disability, mental disability, medical condition, or marital status of such persons. Violation of this provision may result in the imposition of penalties referred to in Labor Code Section 1735. Page 3 of 6 000030 11. Apprenticeship. Contractor must comply with all provisions of the California Labor Code Section 1777.5. 12. Termination. If, during the term of this Agreement, AGENCY determines that CONTRACTOR is not faithfully abiding by any term or condition contained herein, including the CONTRACTOR'S refusal or failure to prosecute the work on any separate part thereof with such diligence as will ensure it's completion within the time specified or any extension thereof, AGENCY may notify CONTRACTOR in writing of such defect or failure to perform. The notice must give to the CONTRACTOR a five (5) calendar day period of time thereafter in which to perform said work or cure the deficiency. This includes, without limitation, increasing the work force and speeding delivery of materials. If CONTRACTOR has not performed the work or cured said deficiency within the five (5) days specified in the notice, such failure shall constitute a breach of this Agreement, and AGENCY may terminate this Agreement immediately by written notice to CONTRACTOR to said effect. Thereafter, neither party shall have any further duties, obligations, responsibilities, or rights under this Agreement except, however, any and all obligations of CONTRACTOR'S surety shall remain in full force and effect, and shall not be extinguished, reduced, or in any manner waived by the termination hereof. In said event, CONTRACTOR shall be entitled to the reasonable value of its services performed from the beginning of the period in which the breach occurs up to the day it received AGENCY'S Notice of Termination, minus any damages, including liquidated damages if so provided herein, occasioned by such breach. AGENCY reserves the right to delay any such payment, if any, until completion or confirmed abandonment of the project, as may be determined in the AGENCY'S sole discretion, so as to permit a full and complete accounting of costs. In no event, however, shall CONTRACTOR be entitled to receive in excess of the compensation quoted in its bid. 13. Insurance. CONTRACTOR shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit A attached to and part of this Agreement. 14. This AGREEMENT shall constitute the complete Agreement between the parties hereto. No oral agreement, understanding, or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such oral agreement, understanding, or representation be binding upon the parties hereto. 15. It is expressly understood between the parties to this Agreement that no employee /employer relationship is intended; CONTRACTOR is an independent contractor. 16. Time of Performance and Liquidated Damages. Time is of the essence in this Agreement. The demolition project shall be completed no later than 30 calendar days commencing from the dates shown in the Notice to Proceed to the CONTRACTOR. Page 4 of 6 000031 Failure of the CONTRACTOR to complete the work within the time allowed will result in assessment of liquidated damages as provided by Section 6 -9 of the Greenbook. 17. Conflict of Interest. Neither CONTRACTOR nor any employees, agents or subcontractors of CONTRACTOR who will be assigned to this project, to the best of CONTRACTOR'S knowledge, own any property or interest in properties, business relationships, or sources of income which may be affected by the performance of this Agreement. Should one party hereto learn of any such interest, income source, or business relationship, such fact shall immediately be brought to the attention of the other party hereto. If the parties thereupon cannot mutually agree upon a means to eliminate the conflict, AGENCY may terminate the Agreement immediately for non - performance pursuant to Section 12 herein. 18. Successors and Assigns. The terms hereof shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto; provided, however, that no party hereto shall assign any of the benefits and burdens hereunder, whether voluntarily or by operation of law, without the prior written consent of the other party, and any such assignment without said consent shall be void. 19. Notices. All written notices required by, or related to this Agreement shall be sent by United States mail, postage prepaid by registered or certified mail addressed as listed below. Neither party to this Agreement shall refuse to accept such mail; the parties to this Agreement shall promptly inform the other party of any change of address. All notices required by this Agreement are effective on the day of receipt, unless otherwise indicated herein. The mailing address of each party to this Agreement is as follows: AGENCY: REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK 799 Moorpark Avenue Moorpark, CA 93021 Agency Contact: Steven Kueny, Executive Director CONTRACTOR: JDML, Inc. dba Standard Industries 1905 Lirio Avenue Ventura, CA 93004 Contractor Contact: Jim Mier, Project Manager Page 5 of 6 000032 20. Authority to Execute Agreement. Both AGENCY and CONTRACTOR do covenant that each individual executing this Agreement on behalf of each party is a person duly authorized and empowered to execute Agreement for such party. REDEVELOPMENT AGENCY OF CONTRACTOR: THE CITY OF MOORPARK Steven Kueny Executive Director ATTEST: Deborah S. Traffenstedt, Agency Secretary Exhibit "A ": Exhibit "B ": Insurance Requirements Bid Documents Page 6 of 6 000033 Exhibit "A" INSURANCE REQUIREMENTS Prior to the beginning of and throughout the duration of the Work, CONTRACTOR will maintain insurance in conformance with the requirements set forth below. CONTRACTOR will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, it will be amended to do so. CONTRACTOR acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to AGENCY in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to AGENCY. CONTRACTOR shall provide the following types and amounts of insurance: 1. Commercial General Liability Insurance using Insurance Services Office "Commercial General Liability" policy form CG 00 01 or the equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits shall be no less than $1,000,000 per occurrence for all covered losses and no less than $2,000,000 general aggregate. CONTRACTOR'S policy shall contain no endorsements limiting coverage beyond the basic policy coverage grant for any of the following: • Explosion, collapse or underground hazard (XCU) • Products and completed operations • Pollution liability • Contractual liability Coverage shall be applicable to AGENCY for injury to employees of CONTRACTOR'S, subcontractors or others involved in the project. Policy shall be endorsed to provide a separate limit applicable in this project 2. Workers' Compensation on a state - approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1,000,000 per accident for all covered losses. CONTRACTOR shall procure and maintain during the life of the Agreement, workers' compensation insurance or a valid certificate of consent to self - insure for all its employees engaged in or at the site of the project; and in case any of the work is sublet, the Contractor shall require all subcontractors to similarly provide workers' compensation insurance for all the latter's employees unless such employees are covered by protection afforded by workers' compensation insurance carried by the CONTRACTOR. By submitting a bid pursuant to these specifications, CONTRACTOR hereby certifies that it is aware of the provisions of Section 3700 et seq. of the California Labor Code which require every employer to be insured against liability for Worker's Compensation. In the event the Workers' Compensation Insurance submitted by the contractor becomes inoperative any time before the completion of the work, all work shall immediately cease until a new policy is obtained and any time so lost shall not entitle the CONTRACTOR to any extension of time. Certificates shall unequivocally provide at least thirty (30) days written noticed by certified mail to the Agency prior to cancellation or modification. 3. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 06 92 including symbol 1 (Any Auto) or the exact equivalent. Limits shall be no less than $1,000,000 per accident, combined single limit. If CONTRACTOR owns no vehicles, this requirement may be satisfied by a non -owned auto endorsement to the general liability policy described above. If CONTRACTOR or CONTRACTOR'S employees will use personal autos in any way on this project, CONTRACTOR shall provide evidence of personal auto liability coverage for each such person. 4. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an umbrella liability policy shall include a drop down provision providing primary coverage above a maximum $25,000 self - insured retention for liability not covered by primary but covered by the umbrella. Coverage shall be provided on a "pay on behalf" basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to AGENCY for injury to employees of CONTRACTOR, subcontractors or others involved in the Work. The scope of coverage provided is subject to approval of AGENCY following receipt of proof of insurance as required herein. Limits are subject to review but in no event less than $1,000,000 per occurrence and aggregate. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with an A.M. Best rating of A- or better and a minimum financial size VII. CONTRACTOR and AGENCY agree as follows: 1. CONTRACTOR agrees to endorse the third party general liability coverage required herein to include as additional insureds AGENCY, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition date of 1985. CONTRACTOR also agrees to require all contractors, subcontractors, and any one else involved in any way with the project contemplated by this agreement to do likewise. 2. Any waiver of subrogation express or implied on the part of AGENCY to any party involved in this Agreement or related documents applies only to the extent of insurance proceeds actually paid. AGENCY, having required that it be named as an additional 000u1135 insured to all insurance coverage required herein, expressly retains the right to subrogate against any party for sums not paid by insurance. For its part, CONTRACTOR agrees to waive subrogation rights against AGENCY regardless of the applicability of any insurance proceeds, and to require all contractors, subcontractors or others involved in any way with the project(s) contemplated by this agreement, to do likewise. 3. All insurance coverage maintained or procured by CONTRACTOR or required of others by CONTRACTOR pursuant to this agreement shall be endorsed to delete the subrogation condition as to AGENCY, or to specifically allow CONTRACTOR or others providing insurance herein to waive subrogation prior to a loss. This endorsement shall be obtained regardless of existing policy wording that may appear to allow such waivers. 4. It is agreed by CONTRACTOR and AGENCY that insurance provided pursuant to these requirements is not intended by any party to be limited to providing coverage for the vicarious liability of AGENCY, or to the supervisory role, if any, of AGENCY. All insurance coverage provided pursuant to this or any other agreement (express or implied) in any way relating to AGENCY is intended to apply to the fuill extent of the policies involved. Nothing referred to here or contained in any agreement involving AGENCY in relation to the project(s) contemplated by this agreement is intended to be construed to limit the application of insurance coverage in any way. 5. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to AGENCY and approved of in writing. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the AGENCY, as the need arises. CONTRACTOR shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) which may affect AGENCY's protection without AGENCY's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of binders of coverage, or endorsements, or certificates of insurance, at the option of AGENCY, shall be delivered to AGENCY at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, AGENCY has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by AGENCY shall be charged to and promptly paid by CONTRACTOR or deducted from sums due CONTRACTOR, at AGENCY option. 8. CONTRACTOR agrees to endorse, and to require others to endorse, the insurance provided pursuant to these requirements, to require 30 days notice to AGENCY and the appropriate tender prior to cancellation of such liability coverage and notice of any 000Ug?C material alteration or non - renewal of any such coverage, and to require contractors, subcontractors, and any other party in any way involved with the project contemplated by this agreement to do likewise. 9. It is acknowledged by the parties of this Agreement that all insurance coverage required to be provided by CONTRACTOR or any subcontractor, is intended to apply first and on a primary non - contributing basis in relation to any other insurance or self insurance available to AGENCY. 10. CONTRACTOR agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by CONTRACTOR, provide the same minimum insurance coverage required of CONTRACTOR. CONTRACTOR agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. CONTRACTOR agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to AGENCY for review. 11. CONTRACTOR agrees that all layers of third party liability coverage required herein, primary, umbrella and excess, will have the same starting and expiration date. CONTRACTOR agrees further that all other third party coverages required herein will likewise have concurrent starting and ending dates. 12. CONTRACTOR agrees not to self- insure or to use any self- insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self- insure its obligations to AGENCY. If CONTRACTOR'S existing coverage includes a deductible or self- insured retention, the deductible or self- insured retention must be declared to the AGENCY. At that time the AGENCY shall review options with the CONTRACTOR, which may include reduction or elimination of the deductible or self- insured retention, substitution of other coverage, or other solutions. 13. The AGENCY reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving the CONTRACTOR ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the CONTRACTOR, the AGENCY will negotiate additional compensation proportional to the increased benefit to AGENCY. 14. For purposes of applying insurance coverage only, all Agreements pertaining to the project will be deemed to be executed when finalized and any activity commences in furtherance of performance under this Agreement. 15. CONTRACTOR acknowledges and agrees that any actual or alleged failure on the part of AGENCY to inform CONTRACTOR of non - compliance with any insurance requirement in no way imposes any additional obligations on AGENCY nor does it 00003`` waive any rights hereunder in this or any other regard. 16. CONTRACTOR will renew the required coverage annually as long as AGENCY, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. The insurance shall include but not be limited to products and completed operations and discontinued operations, where applicable. Termination of this obligation is not effective until AGENCY executes a written statement to that effect. 17. CONTRACTOR agrees to waive its statutory immunity under any workers' compensation statute or similar statute, in relation to the AGENCY, and to require all subcontractors and any other person or entity involved in the project contemplated by this agreement to do likewise. 18. Requirements of specific coverage features are not intended as limitations on other requirements or as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be all- inclusive. 19. Any provision in any of the construction documents dealing with the insurance coverage provided pursuant to these requirements is subordinate to and superseded by the requirements contained herein. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such. 20. All liability coverage provided according to these requirements must be endorsed to provide a separate aggregate limit for the project that is the subject of this agreement and evidencing products and completed operations coverage for not less than two years after issuance of a final certificate of occupancy by all appropriate government agencies or acceptance of the completed work by AGENCY. 21. CONTRACTOR agrees to be responsible for ensuring that no Agreement used by any party involved in any way with the project reserves the right to charge AGENCY or CONTRACTOR for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to AGENCY. It is not the intent of AGENCY to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against AGENCY for payment of premiums or other amounts with respect thereto. 22. CONTRACTOR agrees to obtain and provide to AGENCY a copy of Professional Liability coverage for Architects or Engineers working on this project through CONTRACTOR. AGENCY shall determine the liability limit. 000112'8 EXHIBIT B REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK Project Manual and Specifications Demolition of Grain Silos at 192 High Street, Moorpark, California Bid Due Date and time: August 2, 2007 at 3:00 p.m. 000039 TABLE OF CONTENTS BIDDING, AGREEMENT FORMS AND BONDS: Notice Inviting Bids * *Bid Forms: Bid Proposal Non - collusion Affidavit Bid Bond Compliance with Environmental, Health & Safety Standards Workers' Compensation Insurance Certificate Bidder's Statement of Subcontractors Agreement and Bonds Contract Performance and Payment Bonds Material Suppliers and Laborers CONDITIONS OF THE CONTRACT: General Conditions TECHNICAL SPECIFICATIONS ** FORMS TO BE SUBMITTED WITH BID Moorpark Redevelopment Agency Bid Package Structure Demolition — Grain Silos 192 High Street Page 2 of 58 000040 Instruction to Bidders THE CITY OF MOORPARK IS REQUESTING BIDS FOR DEMOLITION OF FOUR (4) GRAIN SILOS AT 192 HIGH STREET, MOORPARK, CA 93021. BID SUBMITTAL: Each bid must be submitted on the Bid Forms provided in the bid package. All blanks in the Bid Form must be filled in and all prices must be stated in both words and figures. It is the sole responsibility of the bidder to see that the bid is delivered to the proper place and received at the proper time. Any bid received after the scheduled closing time for receipt of bids will be returned to the bidder unopened. All bid forms must be sealed and delivered before 3:00 p.m. on August 2, 2007 to the following address (postmarks will not be accepted): City Clerk's Office City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 NOTE: Please mark the outside of the envelope: Sealed Bid for Demolition Project — Grain Silos Moorpark, CA 93021 DO NOT OPEN WITH REGULAR MAIL Bidders shall submit one complete set of the Bid Forms and all required attachments. No proposal received after the time specified or at any place other than the place stated above will be considered. All bids will be opened and declared publicly. Bidders or their representatives are invited to be present at the opening of the bids. No individual or business entity of any kind shall be allowed to make or file, or to be interested in more than one bid, except an alternative bid when specifically requested. An individual or business entity which has submitted a sub - proposal to a bidder submitting a proposal, or who has quoted prices on materials to such bidder, is not thereby disqualified from submitting a sub - proposal or from quoting prices to other bidders submitting proposals. A bidder may withdraw the proposal, without prejudice prior to the time specified for the bid opening, by submitting a written request to the Agency for its withdrawal, in which event the proposal will be returned to the bidder unopened. Changes in or additions to the Bid Form, recapitulations of the work bid upon, alternative proposals, or any other modification or deviation of the Bid Form which is not Moorpark Redevelopment Agency Bid Package Structure Demolition — Grain Silos 192 High Street Page 3 of 58 000,041 Instructions to Bidders (continued) specifically called for in the Contract Documents may result in the Agency's rejection of the bid as being non - responsive. Non - substantial deviations may be permitted provided that the bidder submits a full description and explanation of, and justifications for, the proposed deviations. Final determination of any proposed deviation will be made solely by the Agency. BID FORMS: The bid must be accompanied by certified check, cashier's check, or bidder's bond, made payable to the Redevelopment Agency of the City of Moorpark for an amount no less than ten percent (10 %) of the total bid amount, as a guarantee that the bidder, if its bid is accepted, will promptly obtain the required bonds and insurance and will prepare the required submittal documents and execute the contract. The Bid Bonds for those bids that were not selected will be returned to the Bidders upon award of the contract by the Agency Board. The bidder to whom award is made shall execute a written contract with the Agency within ten (10) calendar days after notice of the award has been sent by mail to the address given in the proposal. The contract shall be made in the form adopted by the Agency and incorporated in these specifications. The bidder warrants that he /she possesses, or has arranged through subcontracts, all capital and other equipment, labor and materials to carry out and complete the work hereunder in compliance with all applicable Federal, State, Agency, and Special District laws, ordinances, and regulations. If the bidder to whom the award is made fails to enter into the contract, the award will be annulled; any bid security will be forfeited; and an award may be made to the next lowest responsible bidder who shall fulfill every term and condition of the bid as if he /she were party to whom the first award was made. BIDDER QUESTIONS: If you discover any error, omission, ambiguity, or conflict, in the plans or specifications or have any questions concerning the bidding documents or proposal forms contact the Agency's Project Representative: Jessica Sczepan Administrative Specialist Redevelopment Agency of the City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 Advise the person answering the phone that you have a question regarding the Grain Silo project. Please do not call other staff members or consultants. If a prospective bidder is in doubt or has any questions as to the true meaning or intent of any part of Moorpark Redevelopment Agency Bid Package Structure Demolition — Grain Silos 192 High Street Page 4 of 58 0 Q0,M2 Instructions to Bidders (continued) the Bid package, or discovers discrepancies, errors, or conflicts, or omissions, he /she may submit, to the above Project Representative, a written request for an interpretation or a correction thereof. Interpretations or corrections shall be made only by addendum duly issued the Agency. A copy of such addendum will be mailed or delivered to each person receiving a set of the Contract Documents and such addendum shall be considered a part of, and incorporated in, the Contract Documents. Questions must be received in sufficient time for the Agency to evaluate the question(s) and respond at least 72 hours prior to the bid deadline. If the Agency cannot answer the question in the 72 hour time period, the bid deadline will be extended in order to allow for sufficient time for other potential bidders to respond to the change in the bid. All timely requests for information (regarding the bid) submitted in writing will receive a written response from the Agency. Telephone communications with Agency Staff, other than the designated project representative, will not be permitted. Any oral communication shall not be binding on the Agency. BIDS QUOTES AND UNIT PRICING: The individual project prices should be bid as lump sum prices and must be entered in figures in the spaces provided on the Bid Submission Form(s). The total bid sum shall be stated in figures. The Bid Submission Form(s) must be totally completed. Unit prices, if applicable, should be added as Appendix A and are to be used only for changes to the contract. If you are planning to submit an alternative recycling bid, which includes salvaging the steel, please be sure to include an estimated credit to the Agency for the value of the steel. The estimated credit should include the approximate tonnage of steel that the Contractor expects to recycle /salvage. EVALUATION OF BIDS AND AWARD: The Agency reserves the right to retain all bids for a period of 90 calendar days for examination and comparison, and to delete or add any alternates to /from the contract. Bidders shall guarantee the bid prices for said 90 day period to facilitate Agency evaluation of the bids. Each bidder shall meet all of the specifications and bid terms and conditions. By virtue of the bid submission and acceptance of the bid award, the bidder acknowledges full understanding of, and agreement with, and acceptance of all provisions of the plans, specifications and contract documents. The Agency reserves the right to waive non - substantial irregularities in any bid, to reject any or all proposals, to reject or delete one part of a proposal and accept the other, except to the extent that the bids are qualified by specific limitations given by the Agency, and to make award to the lowest responsible bidder as the interest of the Agency may require. In addition to the information required by the bid documents, the Agency may request evidence from a bidder, whose bid is under consideration for award, reasonable evidence showing that bidder's financial resources, construction experience, and organization and plant facilities are sufficient for performance of the contract. Moorpark Redevelopment Agency Bid Package Structure Demolition — Grain Silos 192 High Street Page 5 of 58 BID PROPOSAL TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK MOORPARK, CALIFORNIA Demolition of Grain Silos at 192 High Street, Moorpark, California Bids To Be Received — August 2, 2007 at 3:00 p.m. CONTRACTOR Name J �� L TNC_ �;truoLrj Street Address 190-5— L i c t 0 A Ve w U e AGENCY V &� {��ct State C_ Zip Code 9 3 Q O LI Telephone Number $ 0-T - 41 13- (010(0 9 Contractor's License Nof01530 Class A.4-2 1, Expiration Date es The undersigned swears under penalty of perjury that the information regarding the Contractor's License is true and correct. Signature of BID SCHEDULE: It is understood that the lump sum bid includes without limitation, all appurtenant expenses, permits, taxes, royalties, and fees associated with the work described within these bid documents. For the alternate bid option, attach a separate sheet of paper outlining the amount of material to be recycled and approximate credit to the Agency for the salvaged metal. THE AGENCY RESERVES THE RIGHT TO INCREASE OR DECREASE THE CONTRACT. Lump Sum Base Bid ($ 3911 1 1 3.06 ) dollars and /Vn Cents Number of calendar days for completion: 30 Moorpark Redevelopment Agency Bid Package Structure Demolition — Grain Silos 192 High Street Page 6 of 58 00004 BID PROPOSAL (continued) TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID Bid Due Date/Time: Auaust 2. 2007 at 3:00 o.m The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into Contract with the Redevelopment Agency of the City of Moorpark to perform the Work as specified or indicated in said Contract Documents entitled: Demolition of Grain Silos at 192 High Street, Moorpark, CA. Bidder accepts all of the terms and conditions of the Contract Documents, including without limitations, those in the Notice Inviting Bids and Instructions to Bidders. This Bid will remain open for the period stated in the Notice Inviting Bids. The Bidder will enter into a Contract within the time and in the manner as is required in the Notice Inviting Bids and will furnish the insurance certificates and Bonds as required by the Contract Documents. Bidder has examined copies of all the Contract Documents through and inclusive of the following Bid Addenda (receipt of which is hereby acknowledged), Bid Addenda Number:_ Date: Bid Addenda Number: Date: Bidder has familiarized themselves with the nature and extent of the Contract Documents, the Work, the site together with the surrounding environment and locality, the legal requirements involved (including all applicable federal, state and local laws, ordinances, rules, regulations, codes, etc.) and the conditions affecting costs, progress or performance of the Work and has made such independent investigations as Bidder deems necessary. To all the foregoing said Bidder further agrees to complete the Work required under the Contract Documents within the Contract Time stipulated within the Contract Documents, and to accept in full payment therefore the Contract Price named in the aforementioned Bid Schedule(s). The bid must be signed in the name of the bidder and must bear the signature in longhand of the person duly authorized to sign for the Contractor. Bidder: -Tame -n & m 't e,c- BYA CA NY. . 'tl TV\ U(Signature — Authorized Representative) Title: Pr-at r*- M a9 er Dated: OL t) (If bidder has chosen to submit an alternative bid, then please mark the top of these two pages "ALTERNATIVE BID') Moorpark Redevelopment Agency Bid Package Structure Demolition - Grain Silos 192 High Street Page 7 of 58 0000 4S NON - COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID STATE OF CALIFORNIA) COUNTY OF it Wt V1 S ) SS. AGENCY OF ..�a►ncsG. Mier being first duly sworn, deposes and says that �ei fshe is ,� Of10ML r., A S40 dr .the party making the foregoing bid; that the bi is not matfe in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation, that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid; or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his /her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. _j tVAC-S Name of Bidder Name of Bidder Signature of Bidder , Signature of Bidder 9 QS W, r; Address of Bidder ALL SIGNATURES MUST BE WITNESSED BY NOTARY (attach appropriate executed form) Moorpark Redevelopment Agency Structure Demolition — Grain Silos 192 Hiah Stmet Bid Package Page 8 of 58 000,046 (in lieu of certified or cashier's check) TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID KNOW ALL PERSONS BY THESE PRESENTS: JDML, Inc., dba: Thatwe, Standard lndustries , as Principal, and Merchants Bonding Company as Surety, acknowledge ourselves jointly and severally bound to the Redevelopment Agency of the City of Moorpark, the obligee, for ten (10) percent of the total bid, to be paid to said Agency if the Proposal shall be accepted and the Principal shall fail to execute the contract tendered by the Agency within the applicable time specified in the Bid Terms and Conditions, or fails to furnish either the required Faithful Performance or Labor and Material Bonds, or fails to furnish evidence of insurance as required in the Standard Specifications, then this obligation shall become due and payable, and Surety shall pay to obligee, in case suit is brought upon this bond in addition to the bond amount hereof, court costs and a reasonable attorney's fee to be fixed by the court. If the Principal executes the contract and furnishes the required bonds and evidence of insurance as provided in the contract documents, this bond shall be extinguished and released. It is herby agreed that bid errors shall not constitute a defense to forfeiture. WITNESS our hands this 31st day of July 20 07 JDML, Inc., dba Contractor Standard j�Indu tries By 'L Title P- -e- s: l r ka 0 Title By Mer `ha is Bomi q4' Cgaipany Sand>Renee Bl ac Attorn _y -in -Fact Moorpark Redevelopment Agency Bid Package Structure Demolition — Grain Silos 192 High Street Page 9 of 58 000047 STATEOF CALIFORNIA COUNTYOF SACRAMENTO On before me, SOKHA KHON, NOTARY PUBLIC (here insert name and title of the officer), personally appeared SANDRA RENEE BLACK I personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his✓hedtheir authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature °-""""`""' (SEAL) OPTIONAL *- SOKHA KHON V COMM. #.1742622 0 ti NOTARY PUBLIC - CALIFORNIA SACRAMENTO COUNTY 0 COMM. EXPIRES APRIL 29, 2011 -4 This area for Official Notarial Seal Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ATTORNEY -IN -FACT TRUSTEE(S) GUARDIAN /CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) MERCHANTS BONDING COMPANY DESCRIPTION OF ATTACHED DOCUMENT TITLE OF TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ID -1232 (REV. 12/05) ALL - PURPOSE ACKNOWLEDGEMENT O pQ �! ,1 , ��I.AV �.D48 Merchants Bonding Company (Mutual) POWER OF ATTORNEY Know All Persons By These Presents, that the MERCHANTS BONDING COMPANY (MUTUAL), a corporation duly organized under the laws of the State of Iowa, and having its principal office in the City of Des Moines, County of Polk, State of Iowa, hath made, constituted and appointed, and does by these presents make, constitute and appoint Sharon Jean Rusconi, Sandra Renee Black of Sacramento and State of California its true and lawful Attomey -in -Fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: SEVEN MILLION FIVE HUNDRED THOUSAND ($7,500,000.00) DOLLARS and to bind the MERCHANTS BONDING COMPANY (MUTUAL) thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY (MUTUAL), and all the acts of said Attorney -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power -of- Attorney is made and executed pursuant to and by authority of the following Amended Substituted and Restated By- Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (MUTUAL) on November 16, 2002, ARTICLE II, SECTION 8 - The Chairman of the Board or President or any Vice President or Secretary shall have power and authority to appoint Attomeys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. ARTICLE II, SECTION 9 - The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed. In Witness Whereof, MERCHANTS BONDING COMPANY (MUTUAL) has caused these presents to be signed by its President and its corporate seal to be hereto affixed, this 16th day of January, 2006. . p,o�pp9•. y• :ry :2 _o_ r^: ; a'• 1933 c: c •y .cam. STATE OF IOWA COUNTY OF POLK ss. MERCHANTS BONDING COMPANY (MUTUAL) By President On this 16th day of January, 2006, before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL), the corporation described in the foregoing instrument, and that the Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first above written. CINDY SMYTH �. >". Commission Number 173504 My Commission Expires March 16, 2005 Notary Public, Polk County, Iowa STATE OF IOWA COUNTY OF POLK ss. I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL), do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF- ATTORNEY executed by said MERCHANTS BONDING COMPANY (MUTUAL), which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Company on this f day of POA 0001 (1/06) • ��N6 C�� ft-. • y • 1933 may. • 6 . kA ../ . �✓ � Secretary 0o 0U ' 49 FORM TO ACCOMPANY BID BOND TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID STATE OF CALIFORNIA ) COUNTY OFVb I,,-1t2A ) SS. CITY OF On this A' day of �\�L,`t� j" 20C before me, the undersigned, a Notary Public in and for said Co and State, residing therein, duly commissioned and sworn, personally appeared J ANj x S h t f 2 known to be the Rerejtcl tl., -i- of JnML ik)c._ and the same person whose name is subscribed to the within instrument as the � � c c lvlG lz. of said J DF IL and the said J AM 4 duly acknowledge to me that he /�e'subscribed the name of thereto as surety and his /, eWown as IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in the certificate first above written. s RO�RTwEiC00H °°°°o- U u 1 amm EV095 1 -. Notary Public in and for said County and State aforesaid If certified or cashier's check is submitted herewith, state number and amount $ Moorpark Redevelopment Agency Structure Demolition — Grain Silos 192 High Street Bid Package Page 10 of 58 000050 STATEMENT OF BIDDER'S QUALIFICATIONS AND REFERENCES TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID The bidder is required to state the bidder's financial ability and a general description of similar work performed. Required Qualifications: Bidders must hold a valid State of California Contractor's License ( "B" or "C-21") at the time the bid is submitted to the City, and must have satisfactorily completed at least three demolition projects in the last five years of comparable size to the scope of this project. Number of years engaged in providing the work included within the scope of the specifications under the present business name: —1 l ue- � ear s 41,1) List and describe fully the last three contracts performed by your firm which demonstrate your ability to complete the work included within the scope of the specifications. Attach additional pages if required. The Agency reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. Reference No. 1 Customer Name: _S b Contact Individual: S&L Address: 301c, Contract Amount: �fl 1, Description of work done Reference No. 2 K� Customer Name: U& I LQ tj Ma-� r a, s Contact Individual: Phone No. 313 - 47y -33�t Address: Contract Amount: Year: Description of work done: Reference No. 3 Customer Name: c h� N N Contact Individual: Phone No.e - - Address: - ; Contract Amount: 4 9 /3._DCD I r, Year: %oa '% negrrintinn of Uinrk rinna- 'A-�S Moorpark Redevelopment Agency Bid Package Structure Demolition — Grain Silos 192 High Street Page 11 of 5 For 4c1A'rV% oN�� Pco ec� s �j,s 11` dur \A16 Sl -r- WW W. S.tq,�,drx, 1., C.M STATEMENT OF BIDDER'S QUALIFICATIONS AND REFERENCES (Cont'd) STATE OF CALIFORNIA, COUNTY OF F- 2 I am the QVo�e e,+ Mati4g e r R Of_fDML1NC. AS 5 Ia�ud�r�T�,alusir�a the bidder herein. I have read the foregoing statement and know the contents thereof; and I certify that the same is true to my knowledge, except as to those matters which are therein stated upon my information or belief, and as to those matters I believe it to be true. Executed on 3102_1 OD at ; V , California. (date) (pla e) I declare, under penalty of perjury, that the foregoing is true and correct. , Signature of Bidder '\J V)r0 k P te- yu Title Signature of Bidder Title Moorpark Redevelopment Agency Bid Package Structure Demolition — Grain Silos 192 High Street Page 12 of 58 COMPLIANCE WITH ENVIRONMENTAL, HEALTH AND SAFETY STANDARDS TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID The Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65) prohibits employers from knowingly discharging or releasing a chemical known to the State of California to cause concern, birth defects or other reproductive harm into water or onto land where such chemical passes or, in all probability, will pass into any source of drinking water. Notwithstanding any provision in this Act exempting Contractor, Contractor hereby agrees to comply with all provisions of the Act relating to the discharge of hazardous chemicals on the job site. Contractor fully agrees that Contractor, Contractor's employees and subcontractors shall not discharge such chemicals on the job site, or participate in activities that will result in the discharge of such chemicals, and shall, upon completion of performance of all other duties under this contract, remove all supplies, materials and waste remaining on the job site which if exposed, could result in the discharge of such chemicals. Contractor shall be financially responsible for compliance with Proposition 65. Contractor shall also comply with state of California anti - smoking laws which, in part, prohibit smoking in the workplace and enclosed areas. Should Contractor, Contractor's employees, or subcontractors or their employees fail to comply, within 24 hours from the time Agency issues and Contractor receives a written notice of noncompliance or within the time of an abatement period specified by any government agency, whichever period is shorter, Agency may give notice of default to Contractor, and at the Agency's option, elect any and all rights or remedies set forth in this agreement. Approved by Contractor: L 1NC J\6 S +o.,&or4 TrJu Title t 32cj- WAot",tyr Date Moorpark Redevelopment Agency Bid Package Structure Demolition — Grain Silos 192 High Street Page 13 of 58 000US3 WORKERS' COMPENSATION INSURANCE CERTIFICATE TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID Sections 1860 and 1861 of the California Labor Code require every contractor to whom a public works contract is awarded to sign and file with the awarding body the following statement: "I am aware of the Provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or to undertake self - insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." im Title: �e c j- MaN!R a p Moorpark Redevelopment Agency Structure Demolition — Grain Silos 192 High Street Date: c' 1 U aI o:2 Bid Package Page 14 of 58 000054 BIDDER'S STATEMENT OF SUBCONTRACTORS AND MATERIAL FABRICATORS TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID Provide a complete list of all Subcontractors who will perform more than 1/2% the value of the total lump sum bid amount. PLEASE PRINT LEGIBLY Name Under Which Percent Subcontractor is License Type of work to Licensed No.& Class Business Address Work be done' C -13 d (yyj Callefis Ad 27SSa.9 VeAt�UN,CQ T O AA F �; 3 19S West' Las AN9ei'es nde- 61. TJUSt6 P-S NA -6;M4 TT Tax lcdUe — / 37S' A/, dt,u C 5t Ve v+,_a Cam, 93002 Cr Total Percentage Z _L1_1D (JQigj-=ature(s) of Bidder Date ' Based on contract price 2 May not exceed 50% of contract price. See Greenbook Section 2 -3.2 Moorpark Redevelopment Agency Structure Demolition — Grain Silos 192 High Street Bid Package Page 15 of 58 00005s CONTRACT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK AND FOR DEMOLITION SERVICES THIS CONTRACT is made and entered into in the City of Moorpark on this day of , 2007, by and between the REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK, a municipal corporation,' hereinafter referred to as "AGENCY," and hereinafter referred to as "CONTRACTOR ". RECITALS WHEREAS, on , AGENCY invited bids for the demolition of 4 grain silos at 192 High Street, Moorpark, California; and WHEREAS, pursuant to said invitation, CONTRACTOR submitted a Proposal which was accepted by AGENCY for said project; and NOW, THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the parties hereto agree as follows: 1. Recitals. The foregoing recitals are true and correct and are a part of this CONTRACT. 2. Term. The term of this CONTRACT shall be from the date this CONTRACT is made and entered, as first written above, and shall be completed upon final acceptance of the demolition project by the AGENCY and expiration of the guarantee period. 3. Incorporation By Reference. All bid documents, Public Contract Code Section 22300, Bidder's Proposal, General Conditions of the Contract for Construction, plans, drawings, and specifications, required bonds and forms, and all applicable regulations are hereby incorporated in and made a part of this CONTRACT. 4. Precedence of Contract Documents. If there is a conflict between the CONTRACT documents then the document highest in precedence shall control. The precedence shall be as provided in Section 2 -5.2 of the Greenbook. 5. Agency's Obligations. For furnishing all labor, material and equipment as specified in this CONTRACT, and for performing all work as specified in this CONTRACT, AGENCY will pay and CONTRACTOR shall receive therefore compensation in a total lump sum of $ dollars. Payments to the CONTRACTOR shall be made pursuant to the following payment provisions and as incorporated herein. A lump sum payment to the CONTRACTOR will be made upon completion and acceptance of the work. Payment will be made within thirty (30) days after receipt of an Moorpark Redevelopment Agency Bid Package Structure Demolition — Grain Silos 192 High Street Page 16 of 58 �� 00 05% approved original payment request form from the CONTRACTOR, in an amount acceptable to AGENCY, confirmation of compliance with this CONTRACT, and AGENCY'S acceptance of the work specified, and submittal of required releases, certified payroll reports and other documents required by the payment schedule based on work progress. All payments shall be subject to applicable retention requirements. 6. Obligations of the Contractor. CONTRACTOR shall perform as required by this CONTRACT. CONTRACTOR also warrants on behalf of itself and all subcontractors engaged for the performance of this CONTRACT that only persons authorized to work in the United States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the work hereunder. 7. Audit. AGENCY shall have the option of inspecting and /or auditing all records and other written materials used by CONTRACTOR in preparing its billings to AGENCY as a condition precedent to any payment to CONTRACTOR. Contractor will promptly furnish documents requested by AGENCY. 8. Indemnification. Except for the gross negligence or willful misconduct of an Indemnitee (as hereinafter defined), the Contractor hereby assumes liability for and agrees to defend (at Indemnitees' option), indemnify, protect and hold harmless AGENCY and its Project Consultants, and Engineers, officers, agents, and employees ( "Indemnitees ") from and against any and all claims, charges, damages, demands, actions, proceedings, losses, stop notices, costs, expenses (including counsel fees), judgments, civil fines and penalties, liabilities of any kind or nature whatsoever, which may be sustained or suffered by or secured against the Indemnitees arising out of or encountered in connection with this Agreement or the performance of the Work including but not limited to, death of or bodily or personal injury to persons or damage to property, including property owned by or under the care and custody of AGENCY, and for civil fines and penalties, that may arise from or be caused, in whole or in part, by any negligent or other act or omission of Contractor, its officers, agents, employees or Subcontractors including but not limited to, liability arising from: 1. Any dangerous, hazardous, unsafe or defective condition of; in or on the premises, of any nature whatsoever, which may exist by reason of any act, omission, neglect, or any use or occupation of the premises by Contractor, its officers, agents, employees, or subcontractors; 2. Any operation conducted upon or any use or occupation of the premises by Contractor, its officers, agents, employees, or subcontractors under or pursuant to the provisions of this contract or otherwise; 3. Any act, omission or negligence of Contractor, its officers, agents, employees, or Subcontractors. 4. Any failure of Contractor, its officers, agents or employees to comply with any of the terms or conditions of this Contract or any applicable federal, state, Moorpark Redevelopment Agency Bid Package Structure Demolition — Grain Silos 192 High Street Page 17 of 58 000 � � � regional, or municipal law, ordinance, rule or regulation; and 5. The conditions, operations, uses, occupations, acts, omissions or negligence referred to in items (1), (2),(3), and (4) (above) existing or conducted upon or arising from the use or occupation by Contractor on any other premises in the care, custody and control of AGENCY. Contractor's obligations under this Section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of AGENCY under any provision of this agreement, Contractor shall not be required to indemnify and hold harmless AGENCY for liability attributable to the active negligence of AGENCY, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where AGENCY is shown to have been actively negligent and where AGENCY'S active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of AGENCY. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this agreement. In the event Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this section. Failure of AGENCY to monitor compliance with these requirements imposes no additional obligations on AGENCY and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend AGENCY as set forth here is binding on the successors, assigns or heirs of Contractor and shall survive the termination of this agreement or this section. This Indemnity shall survive termination of the Agreement or Final Payment hereunder. This Indemnity is in addition to any other rights or remedies that the Indemnitees may have under the law or under any other Contract Documents or Agreements. In the event of any claim or demand made against any party which is entitled to be indemnified hereunder, AGENCY may, in its sole discretion, reserve, retain or apply any monies to the Contractor under this Agreement for the purpose of resolving such claims; provided, however, AGENCY may release such funds if the Contractor provides AGENCY with reasonable assurance of protection of the Indemnitees' interests. AGENCY shall, in its sole discretion, determine whether such assurances are reasonable. 9. Amendments. Any amendment, modification, or variation from the terms of this CONTRACT shall be in writing and shall be effective only upon written approval by AGENCY. Moorpark Redevelopment Agency Bid Package Structure Demolition — Grain Silos 192 High Street Page 18 of 58 000 0��,� 10. Anti - Discrimination. In the performance of the terms of this CONTRACT, CONTRACTOR shall not engage in, nor permit subcontractors to engage in discrimination in employment of persons because of the age, race, color, religious creed, sex, sexual orientation, national origin, ancestry, physical disability, mental disability, medical condition, or marital status of such persons. Violation of this provision may result in the imposition of penalties referred to in Labor Code Section 1735. 11. Apprenticeship. Contractor must comply with all provisions of the California Labor Code Section 1777.5. 12. Termination. If, during the term of this CONTRACT, AGENCY determines that CONTRACTOR is not faithfully abiding by any term or condition contained herein, including the CONTRACTOR'S refusal or failure to prosecute the work on any separate part thereof with such diligence as will ensure it's completion within the time specified or any extension thereof, AGENCY may notify CONTRACTOR in writing of such defect or failure to perform. The notice must give to the CONTRACTOR a five (5) calendar day period of time thereafter in which to perform said work or cure the deficiency. This includes, without limitation, increasing the work force and speeding delivery of materials. If CONTRACTOR has not performed the work or cured said deficiency within the five (5) days specified in the notice, such failure shall constitute a breach of this CONTRACT, and AGENCY may terminate this CONTRACT immediately by written notice to CONTRACTOR to said effect. Thereafter, neither party shall have any further duties, obligations, responsibilities, or rights under this CONTRACT except, however, any and all obligations of CONTRACTOR'S surety shall remain in full force and effect, and shall not be extinguished, reduced, or in any manner waived by the termination hereof. In said event, CONTRACTOR shall be entitled to the reasonable value of its services performed from the beginning of the period in which the breach occurs up to the day it received AGENCY'S Notice of Termination, minus any damages, including liquidated damages if so provided herein, occasioned by such breach. AGENCY reserves the right to delay any such payment, if any, until completion or confirmed abandonment of the project, as may be determined in the AGENCY'S sole discretion, so as to permit a full and complete accounting of costs. In no event, however, shall CONTRACTOR be entitled to receive in excess of the compensation quoted in its bid. 13. Insurance. CONTRACTOR shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit A attached to and part of this Agreement. 14. This CONTRACT shall constitute the complete CONTRACT between the parties hereto. No oral agreement, understanding, or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such oral agreement, understanding, or representation be binding upon the parties hereto. 15. It is expressly understood between the parties to this CONTRACT that no Moorpark Redevelopment Agency Bid Package Structure Demolition — Grain Silos 192 High Street Page 19 of 58 ()00t)59 employee /employer relationship is intended; CONTRACTOR is an independent contractor. 16. Time of Performance and Liquidated Damages. Time is of the essence in this CONTRACT. The demolition project shall be completed no later than calendar days commencing from the dates shown in the Notice to Proceed to the CONTRACTOR. Failure of the CONTRACTOR to complete the work within the time allowed will result in assessment of liquidated damages as provided by Section 6 -9 of the Greenbook. 17. Conflict of Interest. Neither CONTRACTOR nor any employees, agents or subcontractors of CONTRACTOR who will be assigned to this project, to the best of CONTRACTOR'S knowledge, own any property or interest in properties, business relationships, or sources of income which may be affected by the performance of this CONTRACT. Should one party hereto learn of any such interest, income source, or business relationship, such fact shall immediately be brought to the attention of the other party hereto. If the parties thereupon cannot mutually agree upon a means to eliminate the conflict, AGENCY may terminate the CONTRACT immediately for non - performance pursuant to Section 12 herein. 18. Successors and Assigns. The terms hereof shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto; provided, however, that no party hereto shall assign any of the benefits and burdens hereunder, whether voluntarily or by operation of law, without the prior written consent of the other party, and any such assignment without said consent shall be void. 19. Notices. All written notices required by, or related to this CONTRACT shall be sent by United States mail, postage prepaid by registered or certified mail addressed as listed below. Neither party to this CONTRACT shall refuse to accept such mail; the parties to this CONTRACT shall promptly inform the other party of any change of address. All notices required by this CONTRACT are effective on the day of receipt, unless otherwise indicated herein. The mailing address of each party to this CONTRACT is as follows: AGENCY: REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK 799 Moorpark Avenue Moorpark, CA 93021 Agency Contact: Steven Kueny, Executive Director CONTRACTOR: Moorpark Redevelopment Agency Bid Package Structure Demolition — Grain Silos 192 High Street Page 20 of 58 0000GO Contractor Contact: 20. Authority to Execute Contract. Both AGENCY and CONTRACTOR do covenant that each individual executing this CONTRACT on behalf of each party is a person duly authorized and empowered to execute CONTRACTS for such party. REDEVELOPMENT AGENCY OF CONTRACTOR: THE CITY OF MOORPARK Steven Kueny Executive Director ATTEST: Deborah S. Traffenstedt, Agency Secretary Exhibit "A ": Exhibit "B ": Insurance Requirements Bid Documents Moorpark Redevelopment Agency Bid Package Structure Demolition — Grain Silos 192 High Street Page 21 of 58 OOOOGI Exhibit "A" INSURANCE REQUIREMENTS Prior to the beginning of and throughout the duration of the Work, CONTRACTOR will maintain insurance in conformance with the requirements set forth below. CONTRACTOR will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, it will be amended to do so. CONTRACTOR acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to AGENCY in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to AGENCY. CONTRACTOR shall provide the following types and amounts of insurance: 1. Commercial General Liability Insurance using Insurance Services Office "Commercial General Liability" policy form CG 00 01 or the equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits shall be no less than $1,000,000 per occurrence for all covered losses and no less than $2,000,000 general aggregate. CONTRACTOR'S policy shall contain no endorsements limiting coverage beyond the basic policy coverage grant for any of the following: • Explosion, collapse or underground hazard (XCU) • Products and completed operations • Pollution liability • Contractual liability Coverage shall be applicable to AGENCY for injury to employees of CONTRACTOR'S, subcontractors or others involved in the project. Policy shall be endorsed to provide a separate limit applicable in this project 2. Workers' Compensation on a state - approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1,000,000 per accident for all covered losses. CONTRACTOR shall procure and maintain during the life of the contract, workers' compensation insurance or a valid certificate of consent to self- insure for all its employees engaged in or at the site of the project; and in case any of the work is sublet, the Contractor shall require all subcontractors to similarly provide workers' compensation insurance for all the latter's employees unless such employees are covered by protection afforded by workers' compensation insurance carried by the CONTRACTOR. Moorpark Redevelopment Agency Bid Package Structure Demolition — Grain Silos 192 High Street Page 22 of 58 f�0 i. 0C By submitting a bid pursuant to these specifications, CONTRACTOR hereby certifies that it is aware of the provisions of Section 3700 et seq. of the California Labor Code which require every employer to be insured against liability for Worker's Compensation. In the event the Workers' Compensation Insurance submitted by the contractor becomes inoperative any time before the completion of the work, all work shall immediately cease until a new policy is obtained and any time so lost shall not entitle the CONTRACTOR to any extension of time. Certificates shall unequivocally provide at least thirty (30) days written noticed by certified mail to the Agency prior to cancellation or modification. 3. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 06 92 including symbol 1 (Any Auto) or the exact equivalent. Limits shall be no less than $1,000,000 per accident, combined single limit. If CONTRACTOR owns no vehicles, this requirement may be satisfied by a non -owned auto endorsement to the general liability policy described above. If CONTRACTOR or CONTRACTOR'S employees will use personal autos in any way on this project, CONTRACTOR shall provide evidence of personal auto liability coverage for each such person. 4. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an umbrella liability policy shall include a drop down provision providing primary coverage above a maximum $25,000 self - insured retention for liability not covered by primary but covered by the umbrella. Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to AGENCY for injury to employees of CONTRACTOR, subcontractors or others involved in the Work. The scope of coverage provided is subject to approval of AGENCY following receipt of proof of insurance as required herein. Limits are subject to review but in no event less than $1,000,000 per occurrence and aggregate. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with an A.M. Best rating of A- or better and a minimum financial size VII. CONTRACTOR and AGENCY agree as follows: 1. CONTRACTOR agrees to endorse the third party general liability coverage required herein to include as additional insureds AGENCY, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition date of 1985. CONTRACTOR also agrees to require all contractors, subcontractors, and any one else involved in any way with the project contemplated by this agreement to do likewise. 2. Any waiver of subrogation express or implied on the part of AGENCY to any party Moorpark Redevelopment Agency Bid Package Structure Demolition — Grain Silos 192 High Street Page 23 of 58 000063 involved in this Agreement or related documents applies only to the extent of insurance proceeds actually paid. AGENCY, having required that it be named as an additional insured to all insurance coverage required herein, expressly retains the right to subrogate against any party for sums not paid by insurance. For its part, CONTRACTOR agrees to waive subrogation rights against AGENCY regardless of the applicability of any insurance proceeds, and to require all contractors, subcontractors or others involved in any way with the project(s) contemplated by this agreement, to do likewise. 3. All insurance coverage maintained or procured by CONTRACTOR or required of others by CONTRACTOR pursuant to this agreement shall be endorsed to delete the subrogation condition as to AGENCY, or to specifically allow CONTRACTOR or others providing insurance herein to waive subrogation prior to a loss. This endorsement shall be obtained regardless of existing policy wording that may appear to allow such waivers. 4. It is agreed by CONTRACTOR and AGENCY that insurance provided pursuant to these requirements is not intended by any party to be limited to providing coverage for the vicarious liability of AGENCY, or to the supervisory role, if any, of AGENCY. All insurance coverage provided pursuant to this or any other agreement (express or implied) in any way relating to AGENCY is intended to apply to the fuill extent of the policies involved. Nothing referred to here or contained in any agreement involving AGENCY in relation to the project(s) contemplated by this agreement is intended to be construed to limit the application of insurance coverage in any way. 5. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to AGENCY and approved of in writing. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the AGENCY, as the need arises. CONTRACTOR shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) which may affect AGENCY's protection without AGENCY's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of binders of coverage, or endorsements, or certificates of insurance, at the option of AGENCY, shall be delivered to AGENCY at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, AGENCY has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by AGENCY shall be charged to and promptly paid by CONTRACTOR or deducted from sums due CONTRACTOR, at AGENCY option. 8. CONTRACTOR agrees to endorse, and to require others to endorse, the insurance Moorpark Redevelopment Agency Bid Package Structure Demolition — Grain Silos 192 High Street Page 24 of 58 Q 0O UG4 provided pursuant to these requirements, to require 30 days notice to AGENCY and the appropriate tender prior to cancellation of such liability coverage and notice of any material alteration or non - renewal of any such coverage, and to require contractors, subcontractors, and any other party in any way involved with the project contemplated by this agreement to do likewise. 9. It is acknowledged by the parties of this Agreement that all insurance coverage required to be provided by CONTRACTOR or any subcontractor, is intended to apply first and on a primary non - contributing basis in relation to any other insurance or self insurance available to AGENCY. 10. CONTRACTOR agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by CONTRACTOR, provide the same minimum insurance coverage required of CONTRACTOR. CONTRACTOR agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. CONTRACTOR agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to AGENCY for review. 11. CONTRACTOR agrees that all layers of third party liability coverage required herein, primary, umbrella and excess, will have the same starting and expiration date. CONTRACTOR agrees further that all other third party coverages required herein will likewise have concurrent starting and ending dates. 12. CONTRACTOR agrees not to self- insure or to use any self- insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self- insure its obligations to AGENCY. If CONTRACTOR's existing coverage includes a deductible or self- insured retention, the deductible or self- insured retention must be declared to the AGENCY. At that time the AGENCY shall review options with the CONTRACTOR, which may include reduction or elimination of the deductible or self- insured retention, substitution of other coverage, or other solutions. 13. The AGENCY reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the CONTRACTOR ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the CONTRACTOR, the AGENCY will negotiate additional compensation proportional to the increased benefit to AGENCY. 14. For purposes of applying insurance coverage only, all contracts pertaining to the project will be deemed to be executed when finalized and any activity commences in furtherance of performance under this Agreement. 15. CONTRACTOR acknowledges and agrees that any actual or alleged failure on the Moorpark Redevelopment Agency Bid Package Structure Demolition — Grain Silos 192 High Street Page 25 of 58 ()00()G- S part of AGENCY to inform CONTRACTOR of non - compliance with any insurance requirement in no way imposes any additional obligations on AGENCY nor does it waive any rights hereunder in this or any other regard. 16. CONTRACTOR will renew the required coverage annually as long as AGENCY, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. The insurance shall include but not be limited to products and completed operations and discontinued operations, where applicable. Termination of this obligation is not effective until AGENCY executes a written statement to that effect. 17. CONTRACTOR agrees to waive its statutory immunity under any workers' compensation statute or similar statute, in relation to the AGENCY, and to require all subcontractors and any other person or entity involved in the project contemplated by this agreement to do likewise. 18. Requirements of specific coverage features are not intended as limitations on other requirements or as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be all- inclusive. 19. Any provision in any of the construction documents dealing with the insurance coverage provided pursuant to these requirements is subordinate to and superseded by the requirements contained herein. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such. 20. All liability coverage provided according to these requirements must be endorsed to provide a separate aggregate limit for the project that is the subject of this agreement and evidencing products and completed operations coverage for not less than two years after issuance of a final certificate of occupancy by all appropriate government agencies or acceptance of the completed work by AGENCY. 21. CONTRACTOR agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge AGENCY or CONTRACTOR for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to AGENCY. It is not the intent of AGENCY to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against AGENCY for payment of premiums or other amounts with respect thereto. 22. CONTRACTOR agrees to obtain and provide to AGENCY a copy of Professional Liability coverage for Architects or Engineers working on this project through CONTRACTOR. AGENCY shall determine the liability limit. Moorpark Redevelopment Agency Bid Package Structure Demolition — Grain Silos 192 High Street Page 26 of 58 0* BOND FOR FAITHFUL PERFORMANCE KNOW ALL PERSONS BY THESE PRESENTS: That we, hereinafter referred to as "Contractor" a; and hereinafter referred to as "Surety," are firmly bound unto the Redevelopment Agency of the City of Moorpark, hereinafter referred to as "Agency ", or "Obligee" in the Dollars ($ ), lawful the United States of America, for the payment of which sum well and truly to we bind ourselves, jointly and severally, firmly by these presents. The condition of the foregoing obligation is such that: principal, held and California, sum of money of be made, WHEREAS, said Contractor has been awarded and is about to enter into the annexed Contract with the Redevelopment Agency of the City of Moorpark, California, for demolition of four grain silos at 192 High Street, Moorpark, CA and is required by said City to give this bond in connection with the execution of said Contract. NOW, THEREFORE, if the said Contractor shall well and truly do and perform all the covenants and obligations of said Contract to be done and performed at the time and in the manner specified herein, then this obligation shall be null and void one year after date of recordation of Notice of Completion by City of the completed work and expiration of the guarantee period, whichever is later; otherwise it shall be and remain in full force and effect, and Surety shall cause the Contract to be fully performed or to pay to obligee the cost of performing said Contract in an amount not exceeding the said sum above specified, and shall also, in case suit is brought upon this bond, pay to obligee court costs and a reasonable attorney's fee, to be fixed by the court. IT IS FURTHER PROVIDED, that any alterations in the work to be done or the material to be furnished shall not in any way release the Contractor or the Surety thereunder, nor shall any extensions of time granted under the provisions of the Contract release either the Contractor or the Surety; and notice of such alterations or extensions of the Contract is hereby waived by the Surety. WITNESS our hands this day of , 19. Contractor Title Surety In Moorpark Redevelopment Agency Bid Package Structure Demolition. — Grain Silos 192 High Street Page 27 of 58 f�` FORM TO ACCOMPANY BOND FOR FAITHFUL PERFORMANCE STATE OF CALIFORNIA ) COUNTY OF ) SS. CITY OF ) On this day of P before me, the undersigned, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared known to be the of and the same person whose name is subscribed to the within instrument as the said and the said acknowledge to me that he /she subscribed the name of thereto as surety and his /her own as of duly IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in the certificate first above written. Notary Public in and for said County and State aforesaid Moorpark Redevelopment Agency Bid Package Structure Demolition — Grain Silos 192 High Street Page 28 of 58 ii BOND FOR MATERIAL SUPPLIERS AND LABORERS KNOW ALL PERSONS BY THESE PRESENTS: That we, referred to as "Contractor" as principal, and _ hereinafter referred to as "Surety," are hel d REDEVELOPMENT AGENCY OF THE CITY hereinafter and firmly bound unto the OF MOORPARK, CALIFORNIA, hereinafter referred to as "City" in the sum of Dollars ($ ), lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents. The condition of the foregoing obligation is such that: WHEREAS, said Contractor has been awarded and is about to enter into a Contract for the demolition of four grain silos at 192 High Street, Moorpark, CA, and is required by Agency to give this bond in connection with the execution of said Contract. NOW, THEREFORE, if the said principal as Contractor in said Contract or subcontractors fails to pay for any subcontractors, materials, provisions, or its other supplies, or items, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, said Surety will pay for the same in an amount not exceeding the sum specified above, and also, in case suit is brought upon this bond, a reasonable attorney's fee to be fixed by the court. This bond shall inure to the benefit of any and all persons named in Section 3181 of the Civil Code of the State of California. This bond shall remain in full force and effect through the term of the Agreement and beyond as set forth herein. The Contractor may cause the Bond to be exonerated six (6) months after the date of recordation of the Notice of Completion by the City and only with the City's written permission. However, Bond shall not be exonerated if claims or stop notices remain outstanding. IT IS FURTHER PROVIDED, that any alterations in the work to be done or the material to be furnished, which may be made pursuant to the terms of said Contract shall not in any way release either the Contractor or the Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract release either the Contractor or the Surety; and notice of such alterations or extensions of the Contract is hereby waived by the Surety. Moorpark Redevelopment Agency Bid Package Structure Demolition — Grain Silos 192 High Street Page 29 of 58 00OUG9 BOND FOR MATERIAL SUPPLIERS AND LABORERS (continued) WITNESS our hands this day of 119 Contractor Title M Title S u rety M Moorpark Redevelopment Agency Bid Package Structure Demolition — Grain Silos 192 High Street Page 30 of 58 0 00 0,7 0 FORM TO ACCOMPANY BOND FOR MATERIAL SUPPLIERS AND LABORERS STATE OF CALIFORNIA ) COUNTY OF ) SS. CITY OF ) On this day of , 20 , before me, the undersigned, a Notary Public in and for said County and State, residing herein, duly commissioned and sworn, personally appeared, known to be the of and the said duly acknowledged to me that subscribed the name of hereto as Surety and own as IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in the certificate first above written. Notary Public in and for said County and State aforesaid Moorpark Redevelopment Agency Bid Package Structure Demolition — Grain Silos 192 High Street Page 31 of 58 0 00 01-111 GENERAL CONDITIONS TO THE CONTRACT FOR CONSTRUCTION The General Conditions may be supplemented or amended elsewhere in the Contract Documents and other sections of the Project Manual. All provisions which are not so amended or supplemented remain in full force and effect. Except as hereinafter provided, the provisions of the latest edition of the Standard Specifications for Public Works Construction (SSPWC), and all supplements thereto, prepared and promulgated by the Greenbook Committee of Public Works Standards Inc., formerly the Southern California Chapter of the American Public Works Association and the Associated General Contractors of America, and the following modifications thereto are established as the Standard Specifications for the City. They will be referred to in the General Conditions and contract documents as the "Greenbook ". These specifications will prevail as the basic Standard Specifications for this project except as otherwise specifically noted in the General Conditions when reference is made to the State Standard Specifications. Contractor agrees that if there is a conflict between the documents, or a conflict or repetition or ambiguity within any of the documents, the Agency shall be the sole person to decide which document or provision shall govern, to the interest of the Agency. The Agency will make the final decisions based on the recommendations of the Agency's designated Project Representative. Jessica Sczepan, Administrative Specialist is the Agency's project representative assigned to this project and will act as directed by and under the supervision of the Redevelopment Manager. In the attached, "Agency," and "Owner" shall refer to the Redevelopment Agency of the City of Moorpark, Moorpark, California. I_1Ad Is] 11141I GENERAL CONDITIONS 1.1 BASIC DEFINITIONS 1.1.1 The Contract represents the entire and integrated Agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. The Contract shall not be construed to create a contractual relationship of any kind (1) between the Agency and a Subcontractor or supplier or (2) between any persons or entities other than the Agency and Contractor. 1.1.2 The term "work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, Moorpark Redevelopment Agency Bid Package Structure Demolition — Grain Silos 192 High Street Page 32 of 58 000 .lt' materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The work may constitute the whole or part of the project. 1.1.3 The "project" is the total construction of the work performed under the Contract Documents and may be the whole or a part which may include construction by other Contractors and by the Agency's own forces including persons or entities under separate contracts not administered by the Agency. 1.1.4 The "drawings" are the graphic and pictorial portions of the Contract, wherever located and whenever issued, showing the design, location and dimensions of the work, generally including plans, elevations, sections, details, schedules, and diagrams. 1.1.5 The "specifications" are that portion of the Contract consisting of the written requirements for materials, equipment, construction systems, standards and workmanship for the work, and performance of related services. 1.1.6 The Project Manual is the volume assembled for the work which includes without limitation, the bidding requirements and documents, the proposal, sample forms, the contract and conditions of the Contract. 1.1.6.1 The drawings, specifications, project manual, contract and all incorporations by reference comprise the contract documents. 1.2 EXECUTION, CORRELATION AND INTENT 1.2.1 The Contract Documents shall be signed by the Agency and Contractor as provided in the Contract. Contractor shall initial all pages of the Contract Documents. 1.2.2 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become familiar with local conditions under which the work is to be performed and correlated personal observations with requirements of the Contract and agrees to all terms and conditions of the contract documents. 1.2.3 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the work by the Contractor. THE CONTRACT DOCUMENTS ARE COMPLEMENTARY, AND WHAT IS REQUIRED BY ONE SHALL BE BINDING AS IF REQUIRED BY ALL. 1.2.4 Organization of the specifications into divisions, sections and articles, and arrangements of drawings shall not control the Contractor in dividing the work among Subcontractors or in establishing the extent of work to be performed by any trade. 1.2.5 Unless otherwise stated in the Contract, words which have well -known technical or construction industry meanings are used in the Contract in accordance with such recognized meanings. Moorpark Redevelopment Agency Bid Package 000 'W" '3 Structure Demolition — Grain Silos 192 High Street Page 33 of 58 1.3 CAPITALIZATION 1.3.1 Terms capitalized in these General Conditions include those which are (1) specifically defined and (2) the titles of numbered articles and identified references to Paragraphs, Sub - paragraphs and Clauses in this document. 1.4 INTERPRETATION 1.4.1 In the interest of brevity the Contract frequently omits modifying words such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. ARTICLE 2 OWNER 2.1 DEFINITION 2.1.1 The Agency is the person or entity identified as such in the Contract and is referred to throughout the Contract as if singular in number. The terms "Agency" and "Owner" mean the Redevelopment Agency of the City of Moorpark, and it is the owner. 2.1.2 The Agency upon reasonable written request shall furnish to the Contractor in writing information which is necessary and relevant for the Contractor to evaluate, give notice or enforce claim rights. 2.2 INFORMATION AND SERVICES REQUIRED BY THE AGENCY 2.2.1 Information or services under the Agency's control shall be furnished by the Agency with reasonable promptness to avoid delay in orderly progress of the work. 2.2.2 As necessary, the Agency shall forward all. communications to the Contractor through the fax and /or first class mail, personal delivery, or overnight delivery service. 2.3 AGENCY'S RIGHT TO STOP THE WORK 2.3.1 If the Contractor fails to correct work which is not in accordance with the requirements of the Contract, in the required time frames, or persistently fails to carry out work in accordance with the Contract, the Agency, by written order signed personally or by an agent specifically so empowered by the Agency in writing, may order the Contractor to stop the work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Agency to stop the work shall not give rise to a duty on the part of the Agency to exercise this right for the benefit of the Contractor or any other person or entity. These remedies are supplemental to remedies found elsewhere in the Contract. Moorpark Redevelopment Agency Bid Package 000074 Structure Demolition — Grain Silos 192 High Street Page 34 of 58 2.4 AGENCY'S RIGHT TO CARRY OUT THE WORK 2.4.1 Notwithstanding other remedies available to the Agency, if the Contractor defaults or neglects to carry out the work in accordance with the Contract and fails within a ten calendar day period after receipt of written notice from the Agency to commence and correct such default or neglect with diligence and promptness, the Agency, at its sole option and without obligation, may, with their own or outside forces, correct such deficiencies. In such case an appropriate deduction shall be made by the Agency from payments then or thereafter due the Contractor for the cost of correcting such deficiencies, including compensation for the Agency's additional services and expenses made necessary by such default, neglect, or failure. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the Agency. This remedy is cumulative. The Agency may terminate pursuant to section 11 of the contract. ARTICLE 3 CONTRACTOR 3.1 DEFINITION 3.1.1 The Contractor is the person or entity identified as such in the Contract and is referred to throughout this Contract as if singular in number. The term "Contractor" means the Contractor or the Contractor's authorized representative. 3.1.2 The plural term "Contractors" refers to persons or entities who perform construction under conditions of the Contract that are administered by the Agency, and that are identical or substantially similar to these conditions. 3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR 3.2.1 In addition to other investigations required by the contract documents, the Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to the Contractor with the Project Representative before commencing activities. Errors, inconsistencies or omissions discovered shall be reported to Agency Staff at once. 3.2.2 The Contractor shall perform the work in accordance with the Contract. 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES 3.3.1 The Contractor shall supervise and direct the work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures, and all safety Moorpark Redevelopment Agency Bid Package Structure Demolition — Grain Silos 192 High Street Page 35 of 58 requirements for coordinating all portions of work under this Contract, subject to overall coordination of the Construction, and subject to overall coordination by Agency Staff as provided in Subparagraphs 4.2.3. 3.3.2 The Contractor shall be responsible to the Agency for acts and omissions of the Contractor's employees, Subcontractors and their agents and employees, and other persons performing portions of the work under a contract with the Contractor. 3.3.3 The Contractor shall not be relieved of obligations to perform the work in accordance with the Contract either by activities or duties of Agency Staff in the administration of the Contract, or by tests, inspections or approvals required or performed by persons other than the Contractor. 3.3.4 The Contractor shall inspect portions of the project related to the Contractor's work in order to determine that such portions are in proper condition to receive subsequent work. 3.4 LABOR AND MATERIALS 3.4.1 Unless otherwise provided in the Contract, the Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation and other facilities and services necessary for proper execution and completion of the work, whether temporary or permanent and whether or not incorporated or to be incorporated in the work. 3.5 TAXES 3.5.1 The Contractor shall pay sales, consumer, use and similar taxes for the work or portions thereof provided by the Contractor which are legally enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduled to go into effect. 3.6 PERMITS, FEES AND NOTICES 3.6.1 The Contractor shall secure and pay for all necessary permits required for the proper execution and completion of the work in this contract, including a City of Moorpark Business Registration Permit, which can be obtained from the Community Development Department. 3.6.2 The Contractor shall comply with and give notices required by laws, ordinances, rules, regulations and lawful orders of public authorities bearing on performance of the work. 3.6.3 If the Contractor performs work knowing it to be contrary to laws, statutes, ordinances, building codes, and rules and regulations, the Contractor shall assume full responsibility for such work and shall bear the attributable costs to remove, correct Moorpark Redevelopment Agency Bid Package €) Structure Demolition — Grain Silos 192 High Street Page 36 of 58 and /or otherwise comply with the law. 3.7 ALLOWANCES Not used. 3.8 CONTRACTOR'S SUPERVISION /SUPERINTENDENT 3.8.1 The Contractor shall employ a competent superintendent and necessary assistants who shall be in full time attendance at the project site during performance of the work. They shall have extensive experience in projects similar to this one. The superintendent shall represent the Contractor, and communications given to the superintendent shall be as binding as if given to the Contractor. Important communications shall be confirmed in writing. Other communications shall be similarly confirmed on written request in each case. The Contractor shall give efficient supervision to work, using his /her best skill and attention. He /she shall carefully study and compare all drawings, specifications and other instructions and shall at once report to Agency Staff any error, inconsistency or omission which he /she may discover. 3.9 CONTRACTOR'S CONSTRUCTION SCHEDULE 3.9.1 The Contractor, promptly after being awarded the Contract, shall submit Contractor's construction schedule for the work. Such schedule shall not exceed time limits current under the Contract, shall be revised at appropriate intervals as required by the contract documents, conditions of the work and progress. The construction schedule shall provide for expeditious and practicable execution of the work and shall show procurement and submittals. See specifications for further requirements regarding construction schedule. 3.9.2 The Contractor shall cooperate with the Agency in scheduling and performing the Contractor's work to avoid conflict, delay in, or interference with the work of other Contractors or the construction or operations of the Agency's own forces. 3.9.3 The Contractor shall prepare and keep current, for Agency staff approval, a schedule of submittals which is coordinated with the Contractor's construction schedule and allows for a reasonable time for review. Contractor shall also keep current a Request for Information (RFI) schedule and reply record. 3.10 USE OF SITE 3.10.1 The Contractor shall confine operations at the site to areas permitted by law, ordinances, and permits and shall not unreasonably encumber the site with materials or equipment. 3.10.2 The Contractor shall coordinate their operations with, and secure the approval of, the Agency before using any portion of the site. Moorpark Redevelopment Agency Bid Package Structure Demolition — Grain Silos 192 High Street Page 37 of 58 00014.) i 3.11 ACCESS TO WORK 3.11.1 The Contractor shall provide the Agency access to the work in preparation and progress wherever located. 3.12 ROYALTIES AND PATENTS 3.12.1 The Contractor shall pay all royalties and license fees, fees for use of patent rights and shall hold the Agency harmless from the loss on account thereof, but shall not be responsible for such defense or loss when a particular design, process or product of a particular manufacturer is required by the Contract. ARTICLE 4 ADMINISTRATION OF THE CONTRACT 4.1 AGENCY'S REPRESENTATIVES 4.1.1 One or more Representatives employed by the Agency may be assigned to the work. His /her duties shall be defined by the Agency. 4.1.2 The designated Agency Project Representative or entity is identified as such in the Contract and is referred to throughout the Contract as if singular in number. The designated staff person will act as directed by and under the supervision of the Director, and will confer with the Director and Agency regarding its actions 4.1.3 The Agency's Project Representative shall have full access to all operations involving work under this Contract and shall be provided reasonable advance notice of the time and place of operations which he /she desires to observe. 4.1.4 All work shall be under observation of the Agency's Project Representative. They shall have free access to any or all parts of work at any time. The Contractor shall furnish Agency reasonable facilities for obtaining such information as may be necessary to keep them fully informed respecting progress and manner of work and character of materials. Observation of work shall not relieve the Contractor from any obligation to fulfill this Contract. The Executive Director shall have authority to stop work whenever provisions of the Contract are not being complied with and the Contractor shall instruct his /her employees accordingly. 4.1.5 Duties, responsibilities and limitations of authority of Agency's Representative as set forth in the Contract shall not be restricted, modified or extended without written consent of the Agency and Contractor. Consent shall not be unreasonably withheld. 4.1.6 In case of termination of employment of the designated staff person, the Agency shall appoint a staff person whose status under the Contract shall be that of the former staff, respectively. Moorpark Redevelopment Agency Bid Package 000978 Structure Demolition — Grain Silos 192 High Street Page 38 of 58 W, I I z I&I ZT-A 11 [f7 k l:T_[ON 4.2.1 The Agency's project representative will provide administration of the Contract as described in the Contract under the direction of the Redevelopment Manager, and will advise the Agency during construction, until all contractual obligations are completed and contract performed or terminated. The Representative will advise and consult with the Agency and will have authority as stated in the Contract, unless otherwise modified by written instrument in accordance with other provisions of the Contract. 4.2.2 The Agency's Project Representative will determine that the work is being performed in accordance with the requirements of the Contract, will keep the Redevelopment Manager informed of the progress of the work, and will endeavor to guard the Agency against defects, deficiencies in the work and slow progress. 4.2.3 The Agency's Project Representative will provide for coordination of the activities of other Contractors and of the Agency's own forces with the work of the Contractor, who shall cooperate with them. The Contractor shall participate with other Contractors and the Agency in reviewing their construction schedules. The. Contractor shall make any revisions to the construction schedule deemed necessary after a joint review and as required by the contract documents. The construction schedules, until subsequently revised, shall constitute the schedules to be used by the Contractor, other Contractors, and Agency. 4.2.4 The Agency's Project Representative will not have control over or charge of and will not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the work, since these are solely the Contractor's responsibility as provided in Paragraph 3.3, and neither will be responsible for the Contractor's failure to carry out the work in accordance with the Contract. The Agency will not have control over or charge of or be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the work. 4.2.5 The Contractor shall communicate directly with the Agency. Communications by and with Subcontractor's and material suppliers shall be through the Contractor. Communications by and with other Contractors shall be through the Agency's Project Representative. 4.2.6 The Project Representative will review and certify all applications for payment by the Contractor, including final payment. Agency staff will assemble each of the Contractor's applications for payment with similar applications from other. Contractors into a project application and request for payment. 4.2.7 Based on the Agency's observations and evaluations of Contractor's applications for payment, the application will be processed. Final approval for payment rests with the Executive Director. Moorpark Redevelopment Agency Bid Package 000079 Structure Demolition — Grain Silos 192 High Street Page 39 of 58 4.3 CLAIMS AND DISPUTES 4.3.1 A claim is a demand or assertion by one of the parties seeking, as a matter of right, adjustment or interpretation of Contract terms, payment of money, and extension of time or other relief with respect to the terms of the Contract. The term "claim" also includes other disputes and matters in question, between the Agency and Contractor arising out of or relating to the Contract. Claims must be made by written notice. The responsibility to substantiate claims shall rest with the party making the claim. An unresolved claim is an unresolved dispute. 4.3.2 Claims by either party must be made within 14 calendar days after occurrence of the event giving rise to such claim or within 14 days after the claimant first recognizes the condition giving rise to the claim, whichever is later. Claims must be made by written notice. An additional claim made after the initial claim has been implemented by Change Order will not be considered unless submitted in a timely manner. 4.3.3 Pending final resolution of a claim, answer on change order request, or unresolved dispute, unless otherwise agreed in writing, the Contractor shall proceed diligently with performance of the work and contractual obligations and the Agency shall continue to make agreed upon payments in accordance with the Contract. (Also see 4.3.5) 4.3.4 If the Contractor wishes to make a claim for an increase in the contract lump sum, written notice as provided herein shall be given before proceeding to execute the work as required. Prior notice is not required for claims relating to an emergency endangering life or property arising under Paragraph 9.3. If the Contractor believes additional cost is involved for reasons including but not limited to, (1) an order by the Agency to stop the work where the Contractor was not at fault, (2) a written order for a minor change in the work issued by the Representative , (3) failure of payment by the Agency, (4) termination of the Contract by the Agency, (5) or Agency's suspension of work, claims shall be filed in accordance with the procedure established herein. 4.3.5 Claims for Additional Time. 4.3.5.1 If the Contractor wishes to make a claim for an extension in time to complete the Contract, written notice to the Agency, shall be given by the Contractor. The Contractor's claim shall include an estimate of probable effect of delay on progress of the work. In the case of a continuing delay only one claim is necessary. 4.3.5.2 If adverse weather conditions are the basis for a claim for additional time, such claim shall be documented in writing substantiating that weather conditions were abnormal for the period of time and could not have been reasonably anticipated, and that weather conditions had an adverse effect on the scheduled construction. Payment for general condition items, overhead, and profit shall not be made for additional time granted for adverse weather conditions, vandalism, casualty loss and /or material Moorpark Redevelopment Agency Bid Package 000080 Structure Demolition — Grain Silos 192 High Street Page 40 of 58 availability. Contractor expressly waives any rights to such claims. Contractor must have provided required erosion control and access protection as a requirement to making claims for extension of time because of adverse weather conditions. 4.3.5.3 No claims for adverse weather conditions for weekends or holidays will be granted unless contractor specifically requested (in writing) permission to work and was granted such permission by the Agency. If rain is predicted when the request to work is received by the Agency, the request to work will be rejected, unless the work is inside and protected access is in place. 4.3.5.4 At no time shall the workload of material manufacturers be considered a reason to claim "inability to obtain materials" for purposes of requesting a time extension. 4.3.6 If either party to the Contract suffers injury or damage to person or property because of an act or omission of the other party, of any of the other party's employees or agents, or of others for whose acts such party is legally liable, written notice of such injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding 2 days after initial observance or notification. The notice shall provide sufficient detail to enable the other party to investigate the matter. 4.4 RESOLUTION OF CLAIMS AND DISPUTES 4.4.1 The Agency will review claims and disputes, with the Executive Director, and take one or more of the following preliminary actions within ten days of receipt of a claim: (1) request additional supporting data from the claimant, (2) submit a schedule to the parties indicating when they expect to take action, (3) recommend rejecting the claim in whole or in part, stating reasons for rejection, (4) recommend approval of the claim by the other party or (5) suggest a compromise. The Agency may, but is not obligated to, notify the surety, if any, of the nature and amount of the claim. 4.4.2 If a claim has been resolved, the Agency will notify the parties in writing of the resolution. 4.4.3 An unresolved claim is an unresolved dispute. 4.4.4 If a claim has not been resolved, the party making the claim shall, within ten days after the Agency's preliminary response, take one or more of the following actions: (1) submit additional supporting data requested, (2) modify the initial claim, (3) notify the Agency that the initial Claim stands, or (4) withdraw the claim. 4.4.5 Contractor, in the event of any dispute or controversy with the Agency over any matter whatsoever, shall not cause any delay or cessation in or of work, but shall proceed with the performance of the work in dispute. This includes disputed time extension requests and prices for changes. 4.4.6 The disputed work will be categorized as an "unresolved dispute" and payment, if Moorpark Redevelopment Agency Bid Package 000081 Structure Demolition — Grain Silos 192 High Street Page 41 of 58 any, shall be as later determined by mutual agreement or a court of law. Contractor will keep accurate, detailed records on all disputed work, claims and other disputed matters and submit same to Agency. Public Contract Code 20104 et. seq., shall govern the claim procedure. 4.4.7 In no event will the Contractor be allowed to reserve its rights to assert a claim for time extension, or any other type of claim, later than as required by paragraph 4.3.2 unless the Agency agrees in writing to allow such reservation. ARTICLE 5 SUBCONTRACTORS 5.1 DEFINITIONS 5. 1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the work at the site. The term "Subcontractor" is referred to throughout the Contract as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor. The term "Subcontractor" does not include other Contractors or Subcontractors of other Contractors. A Subcontractor shall be considered an employee of the Contractor and the Contractor shall be responsible for his /her work. 5.1.2 A Sub - subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the work at the site. The term "Sub - subcontractor" is referred to throughout the Contract as if singular in number and means a Sub - subcontractor or an authorized representative of the Sub - subcontractor. 5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK 5.2.1 All contracts between the general Contractor and its subcontractors and suppliers shall include a provision that the subcontractors and suppliers shall be bound to the Contractor to the same extent that the Contractor is bound to the Agency by all terms and provisions of the Contract, and shall incorporate the contract by reference into all subcontracts. If the Contractor shall subcontract any part of this Contract, the Contractor shall be as fully responsible to the Agency for acts and omissions of Subcontractor and of persons either directly or indirectly employed by Subcontractor, as he /she is for acts and omissions of persons directly employed by himself /herself. Nothing contained in the Contract shall create any contractual relation between any Subcontractor and the Agency. 5.2.2 Contractor will comply with the bidding requirements, for review by the Agency, the names of persons or entities furnish materials or equipment fabricated to a special principal portion of the work. Moorpark Redevelopment Agency Structure Demolition - Grain Silos 192 High Street and shall furnish in writing including those who are to design proposed for each Bid Package $ ,� Page 42 of 58 0 0 5.2.3 The Agency's consent to or approval of any Subcontractor under this Contract shall not in any way relieve the Contractor of his /her obligations under this Contract and no such consent or approval shall be deemed to waive any provision of this Contract. 5.2.4 The Contractor shall not contract with a proposed person or entity to whom the Agency has made reasonable and timely objection. The Contractor shall not contract to any unlicensed or uninsured Subcontractor or supplier. 5.2.5 The Contractor shall not change a Subcontractor, person or entity previously approved if the Agency makes reasonable objection to such change. Substitution or addition shall be permitted only as authorized in Chapter 2 (commencing at Section 4100) Division 5, Title 1 of California Government Code. 5.3 SUBCONTRACTUAL RELATIONS 5.3.1 Each subcontract agreement shall preserve and protect the rights of the Agency, under the Contract with respect to the work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all rights, remedies and redress against the Contractor that the Contractor, by this Contract, has against the Agency. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with Sub - subcontractors. The Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract to which the Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and conditions of the proposed subcontract agreement which may be at variance with the Contract. Subcontractors shall similarly make copies of applicable portions of such documents available to their respective proposed Sub - subcontractors. 5.4 MUTUAL RESPONSIBILITY 5.4.1 The Contractor shall afford the Agency's own forces and other Contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities, and shall connect and coordinate the Contractor's construction and operations with theirs as required by the Agency. 5.4.2 If part of the Contractor's work depends for proper execution or results upon construction or operations by the Agency's own forces or other Contractors, the Contractor shall, prior to proceeding with that portion of the work, promptly report to the Agency apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor to report these discrepancies and defects shall constitute an acknowledgment that the Agency's own forces or other Contractors' completed or partially completed construction is fit and proper to receive the Contractor's work. Moorpark Redevelopment Agency Bid Package Structure Demolition — Grain Silos 192 High Street Page 43 of 58 < 000, S3 5.4.3 The Contractor shall promptly remedy damage wrongfully caused by the Contractor to completed or partially completed construction or to property of the Agency or other Contractors. 5.4.4 Claims and other disputes and matters in question between the Contractor and other Contractors shall be subject to the provisions of Paragraph 4.4. 5.5 AGENCY'S RIGHT TO CLEAN UP 5.5.1 If a dispute arises among the Contractor, other Contractors and the Agency as to the responsibility under their respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish, the Agency may clean up and allocate the cost among those responsible as the Agency determines to be equitable. ARTICLE 6 CHANGES IN THE WORK 6.1 CHANGES 6.1.1 Changes in the work may be accomplished after execution of the Contract, and without invalidating the Contract, by change order, construction change directive or order for a minor change in the work, subject to the limitations stated in this Article 6 and elsewhere in the Contract. 6.1.2 A change order shall be based upon prior written agreement among the Agency, and Contractor; a construction change directive requires prior written agreement by the Agency and may or may not be agreed to by the Contractor; an order for a minor change in the work may be issued by the Agency. Final approval for all change orders rests with the Agency. The Agency's Executive Director is the final approving authority. 6.1.3 Changes in the work shall be performed under applicable provisions of the Contract, and the Contractor shall proceed promptly, unless otherwise provided in the change order, construction change directive or order for a minor change in the work. 6.1.4 All requests for changes and time extensions must be made on change order request forms with detailed backup and substantiated reasons. Letter requests are unacceptable and will be returned without action. 6.2 CHANGE ORDERS 6.2.1 A change order is a written instrument prepared by the Agency and signed by the Agency and Contractor, stating their agreement upon all of the following: a subsequent change in the work; Moorpark Redevelopment Agency Bid Package 0 0O US 4 Structure Demolition - Grain Silos 192 High Street Page 44 of 58 2. the amount of the adjustment in the Contract lump sum, if any; and 3. the extent of the adjustment in the Contract time, if any. 6.3 CONSTRUCTION CHANGE DIRECTIVES 6.3.1 A construction change directive is a written order prepared and signed by the Agency, directing a change in the work and stating a proposed basis for adjustment, if any; in the Contract lump sum or Contract time, or both. The Agency may, by construction change directive, without breaching the contract, order changes in the work within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract lump sum and Contract time being adjusted accordingly, in accordance with provisions of the contract documents. 6.3.2 A construction change directive shall be used in the absence of total agreement on the terms of a change order or pending change order. 6.3.3 If the construction change directive provides for an adjustment to the Contract lump sum, the adjustment shall be based on one of the following methods, and in accordance with provisions of the contract documents: Mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation; 2. Unit prices stated in the Contract or subsequently agreed upon in writing; 3. Cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; or 4. as provided in Subparagraph 6.3.6. 6.3.4 Upon receipt of a Construction change directive, the Contractor shall promptly proceed with the change in the work involved and advise the Agency of the Contractor's agreement or disagreement with the method, if any, provided in the Construction change directive for determining the proposed adjustment in the Contract lump sum or Contract time. 6.3.5 A Construction change directive signed by the Contractor indicates the agreement of the Contractor therewith, including adjustment in Contract lump sum and Contract time or the method for determining them. Such agreement shall be executed as a change order. 6.3.6 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract lump sum, the method and the adjustment shall be determined by the Agency on the basis of reasonable expenditures and savings of those performing the work attributable to the change, including, in case of an increase Moorpark Redevelopment Agency Bid Package 000085 Structure Demolition — Grain Silos 192 High Street Page 45 of 58 or decrease in the Contract lump sum, the pre- determined percentage for overhead and profit. In such case, the Contractor shall keep and present, in such form as the Ageny may prescribe, an itemized account together with appropriate supporting data. Unless otherwise provided in the Contract, costs for the purposes of this Subparagraph 6.3.6 shall be limited to the following: 1. Costs of labor, including social security, old age and unemployment insurance, fringe benefits required by agreement or custom, and workers compensation insurance; 2. Costs of materials, supplies and equipment, including cost of delivery by supplier, whether incorporated or consumed; 3. Reasonable, competitive rental costs of equipment over $75 /day, exclusive of hand tools and contractor owned vehicles, whether rented from the Contractor or others; 4. Permit fees, and sales, use or similar taxes related to the work; as limited in the conditions of the Contract. 6.3.7 Pending final determination of cost to the Agency, amounts not in dispute may be included in applications for payment if a change order, to that effect has been signed by the parties. The amount of credit to be allowed by the Contractor to the Agency for a deletion or change which results in a net decrease in the Contract lump sum shall be actual net cost as confirmed by the Agency. When both additions and credits covering related work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of increase, if any, with respect to that change. 6.3.8 If the Agency and Contractor agree with the determination concerning the adjustments in the Contract lump sum and Contract time, or otherwise reach agreement upon the adjustments, such agreement shall be recorded by preparation and execution of an appropriate change order. Change Orders do not become effective until executed by all parties. 6.3.9 If the Agency and Contractor do not agree on adjustments to the Contract lump sum or Contract time, then this shall be considered a dispute and shall be resolved pursuant to the provisions of Section 4.4 of these General Conditions. /_T Ai[f]11 =1h TIME 7.1 DEFINITIONS 7.1.1 Unless otherwise provided, time for performance is the number of calendar days and /or hours, including authorized adjustments, allotted in the Contract for substantial Moorpark Redevelopment Agency Bid Package 0 00 0 S C Structure Demolition — Grain Silos 192 High Street Page 46 of 58 completion of the work. 7.1.2 The date of commencement of the work is the date stated in the Notice to Proceed issued by the Agency. The date shall not be postponed by the failure to act of the Contractor or of persons or entities for which the Contractor is responsible. 7.1.3 The date the project is completed is the date so certified by the Agency. 7.1.4 The term "day" as used in the Contract shall mean calendar day unless otherwise specified. 7.2 PROGRESS AND COMPLETION 7:2.1 Time limits stated in the Contract are of the essence. By submitting the proposal, the Contractor confirms that the Contract time is a reasonable period for performing the work. 7.2.2 The Contractor shall not knowingly, except by prior consent or direction of the Agency in writing, prematurely commence operations on the site or elsewhere prior to the effective date of insurance required by the Contract to be furnished by the Contractor. The date of commencement of the work shall not be changed by the effective date of such insurance. The date of commencement will be established by a notice to proceed given by the Agency. 7.3 DELAYS AND EXTENSION OF TIME 7.3.1 Subject to provisions of the Project Manual, the Contractor may request a time extension to the contract. He /she may request an extension listing reasons for the delay and submitting substantiating evidence. If the Agency determines the request is reasonable, a change order may be issued for said time extension. 7.3.2 Claims relating to time shall be made in accordance with applicable provisions of Paragraph 4.3 and other appropriate sections of the contract documents. Moorpark Redevelopment Agency Bid Package 00 0 ►� Structure Demolition — Grain Silos 192 High Street Page 47 of 58 ARTICLE 8 PAYMENTS AND COMPLETION 8.1 CONTRACT LUMP SUM 8.1.1 The Contract lump sum is stated in the Contract and, including authorized adjustments, is the maximum amount payable by the Agency to the Contractor for performance of the work under the Contract. 8.2 APPLICATIONS FOR PAYMENT 8.2.1 Contractor shall submit to the Agency an itemized application for payment for work completed in accordance with the schedule of values. The application will be supported by such data substantiating the Contractor's right to payment as the Agency may require. 8.2.2 Such applications may not include requests for payment of amounts the Contractor does not intend to pay to a Subcontractor or material supplier because of a dispute or other reason. 8.2.3 Amounts billed by subcontractor or supplier are not a measure of work completed. 8.2.4 "Anticipation" of work to be completed request will not be allowed; bill upon project completion. 8.2.5 The Contractor warrants that upon submittal of an application for payment all work for which recommendation for payment has been previously issued and payments received from the Agency shall, to the best of the Contractor's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of the Contractor, Subcontractors, material suppliers, or other persons or entities making a claim by reason of having provided labor, material or equipment relating to the work. 8.2.6 Payment shall be made pursuant to payment terms, payment schedule and requirements of the Contract. 8.2.7 An Application for payment shall be submitted on a payment request form approved by the Agency. Sample payment request form should be attached to the bid documents. 8.2.6 Payment shall be made pursuant to Schedule of Values only. 8.2.7 Substantial completion does not constitute approval for final payment nor final Moorpark Redevelopment Agency Bid Package Structure Demolition — Grain Silos 192 High Street Page 48 of 58 0 00 OS 8 acceptance of the work. 8.2.8 Payment requests will be rejected due to lack of, or improper releases or other improper or incomplete documents required to be submitted with payment requests, as determined by the Agency. 8.2.9 For all payments made under this contract, there will be no separate "Certificate for Payment." The owner's issuance of a check constitutes a certificate of payment. 8.3 RECOMMENDATION FOR PAYMENT 8.3.1 The Agency's Project Representative will assemble a project application for payment by certifying the amounts due on such applications and forwarding them to the Redevelopment Manager for approval. 8.3.2 Within five working days after receipt of the project application for payment, the Agency will either issue a recommendation for payment, for such amounts as the Agency determines is properly due, or notify the Contractor in writing of the reasons for withholding certification in whole or in part as provided in Subparagraph 8.4.1. 8.3.3 The issuance of a recommendation for payment will constitute representations made separately to the Agency, based on individual observations at the site and the data comprising the application for payment submitted by the Contractor, that the work has progressed to the point indicated and that, to the best of the Agency's knowledge, information and belief, the quality and quantity of the work conforms to the Contract. The foregoing representations are subject to an evaluation of the work for conformance with the Contract upon substantial completion, to results of subsequent tests and inspections, to minor deviations from the Contract correctable prior to completion and to specific qualifications expressed by the Agency. The issuance of a recommendation for payment will further constitute a representation that the Contractor is entitled to payment in the amount certified. However, the recommendation for payment will not be a representation that the Agency has (1) made exhaustive or continuous on -site inspections to check the quality or quantity of the work, (2) reviewed the Contractor's construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Agency to substantiate the Contractor's right to payment or (4) made examination to ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract lump sum. 8.4 DECISIONS TO WITHHOLD CERTIFICATION 8.4.1 The Agency may decide not to certify payment and may withhold a recommendation for payment in whole or in part, to the extent reasonably necessary to protect the Agency, if in the Agency's opinion the representations to the Agency required by Subparagraph 8.3.3 cannot be made. If the Agency's Representative is unable to certify payment in the amount of the application, the Agency will notify the Moorpark Redevelopment Agency Bid Package Structure Demolition — Grain Silos 192 High Street Page 49 of 58 0 00 O'S 9 Contractor. If the Contractor and Agency cannot agree on a revised amount, the Agency will promptly issue a recommendation for payment for the amount for which the Agency is able to make such representations. The Agency may also decide not to certify payment or, because of subsequently discovered evidence or subsequent observations, may nullify the whole or a part of a recommendation for payment previously issued, to such extent as may be necessary to protect the Agency from loss because of, but not limited to, the following: 1. Defective work not remedied; 2. Third party claims filed or reasonable evidence indicating probable filing of such claims; 3. Alleged failure of the Contractor to make payments properly to Subcontractors or for labor, materials or equipment; 4. Reasonable evidence that the work cannot be completed for the unpaid balance of the Contract lump sum; 5. Damage to the Agency or another contractor or third party allegedly by Contractor, his /her agent or employee; 6. Reasonable evidence that the work will not be completed within the Contract time, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; 7. Persistent failure to carry out the work in accordance with the Contract; 8. Re- testing of non - passing tests, reimbursement for inspections, overtime and minimum times not used; 9. Alleged breach of terms and conditions of Contract Documents; 10. Disputed items and issues; 11. Liquidated damages; or '12. Payments which may be past due and payable for just claims against Contractor or any Subcontractor for labor or materials furnished in and about the performance of work on the project under this Contract; and /or 13. Improper, incomplete or unacceptable documents, releases or back up materials. 8.4.2 When the above reasons for withholding certification are removed to the Agency's satisfaction, certification will be made for amounts previously withheld. Moorpark Redevelopment Agency Bid Package OO s90 Structure Demolition — Grain Silos 192 High Street Page 50 of 58 8.4.3 The Agency may apply such withheld amount or amounts to payment of such claims or obligations at his /her discretion. In so doing, the Agency shall be deemed the agent of the Contractor and any payment so made by the Agency shall be considered as a payment made under Contract by the Agency to the Contractor and the Agency shall not be liable to the Contractor for such payments made in good faith. Such payments may be made without prior judicial determination of claim or obligations. The Agency will render the Contractor a proper accounting of such funds disbursed on behalf of the Contractor. 8.5 FINAL COMPLETION AND FINAL RETENTION PAYMENT 8.5.1 Upon completion of the work, as specified in the Contract, the Contractor shall forward to the Agency a written notice that the work is ready for final inspection and acceptance and shall also forward to the Agency a Contractor's application for final retention payment. When the Agency finds the work to be acceptable under the Contract and the Contract fully performed, the Agency will promptly issue a final recommendation for retention payment stating that to the best of their knowledge, information and belief, and on the basis of their observations and inspections, the work has been completed in accordance with terms and conditions of the Contract and that the entire balance found to be due the Contractor is due and payable. 8.5.2 No final retention payment shall become due until the Contractor submits to the Agency (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the work for which the Agency or the Agency's property might be responsible or encumbered (less amounts withheld by Agency) have been paid or otherwise satisfied; (2) a certificate evidencing that insurance and bonds required by the Contract to remain in force after final payment is currently in effect and will not be canceled or allowed to expire until at least 30 days' prior written notice has been given to the Agency, and the Agency has given written permission to cancel said insurance and /or bonds; (3) a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract; (4) consent of surety, if any, to final payment; (5) a certificate evidencing that Bonds required by the Contract will remain in full force and effect until Agency issues written permission to exonerate them; and (6) all documentation required by the payment schedule (Exhibit B) and (7) if required by the Agency, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the Agency. If such claim remains unsatisfied after payments are made, the Contractor shall refund to the Agency all money that the Agency may be compelled to pay in discharging such claim, including all costs and reasonable attorneys' fees. Moorpark Redevelopment Agency Bid Package 000091 Structure Demolition — Grain Silos 192 High Street Page 51 of 58 VZA#Cl11_=11114 PROTECTION OF PERSONS AND PROPERTY 9.1 SAFETY PRECAUTIONS AND PROGRAMS 9.1.1 The Contractor shall be responsible for initiating maintaining and supervising all safety precautions and programs in connection with the performance of the Contract including, without limitation, safety, job meetings and training. The Contractor shall submit the Contractor's safety program to the Agency and coordinate with the safety programs of other Contractors. Contractor will furnish minutes of all safety meetings to the Agency. 9.1.2 In the event the Contractor encounters on the site material reasonably believed to be asbestos or polychlorinated biphenyl (PCB) which has not been rendered harmless, the Contractor shall immediately stop work in the area affected and report the condition to the Agency in writing. The work in the affected area shall not thereafter be resumed except by written agreement of the Agency and Contractor if in fact the material is asbestos or polychlorinated biphenyl (PCB) and has not been rendered harmless. The work in the affected area shall be resumed in the absence of asbestos or polychlorinated biphenyl (PCB), or when it has been rendered harmless, by written agreement of the Agency and Contractor. 9.1.3 If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop work in the affected area and report the condition to the Agency in writing. The Agency shall then proceed in the same manner described in Subparagraph 9.1.2. 9.2 SAFETY OF PERSONS AND PROPERTY 9.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to: Employees on the job and other persons who may be affected thereby; 2 The work and materials and equipment to be incorporated therein, whether in storage on or off the site, under care, custody or control of the Contractor or the Contractor's Subcontractors or Sub - subcontractors; 3 Other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction; and 4 Construction or operations by the Agency or other Contractors. Moorpark Redevelopment Agency Bid Package 000u92 Structure Demolition — Grain Silos 192 High Street Page 52 of 58 9.2.2 The Contractor shall give notices and comply with applicable laws, ordinances, rules, regulations and lawful orders of public authorities bearing on safety of persons or property or their protection from damage, injury or loss. 9.2.3 The Contractor shall erect and maintain, as required by existing conditions and performance of the Contract, reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities. 9.2.4 When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the work, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. 9.2.5 The Contractor shall promptly remedy damage and loss (whether or not insured under property insurance required by the Contract) to property referred to in subparagraph 9.2.1 caused in whole or in part by the Contractor, a Subcontractor, a Sub - subcontractor, supplier, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under subparagraph 9.2.1. This includes damage or loss caused by unknown persons or causes. The foregoing obligations of the Contractor are in addition to the Contractor's obligations under the indemnity sections of the Contract. 9.2.6 The Contractor shall designate a responsible member of the Contractor's organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the Agency. 9.2.7 The Contractor shall not load or permit any part of the construction or site to be loaded so as to endanger safety to persons or property. 9.3 EMERGENCIES 9.3.1 In an emergency affecting safety of persons or property; the Contractor shall act, at the Contractor's discretion, to prevent threatened damage, injury or loss. Additional compensation or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in Paragraph 4.3 and Article 7. ARTICLE 10 INSURANCE 10.1 CONTRACTOR'S INSURANCE (See Bid Terms and Conditions for additional insurance requirements) 10.1.1 The Contractor shall purchase from and maintain in a company or companies Moorpark Redevelopment Agency Bid Package Structure Demolition — Grain Silos 192 High Street Page 53 of 58 0001093 "admitted" by the State of California such insurance as specified in the Special Bid Terms and Conditions for this project as will protect the Contractor from claims which may arise out of or result from the Contractor's operations under the Contract and for which the Contractor may be legally liable, whether such operations be by the Contractor or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable. 10.1.2 The insurance required by Subparagraph 10.1.1 shall be written for not less than limits of liability specified in the Contract Documents or required by law, whichever coverage is greater. Coverages must be written on an occurrence basis and shall be maintained without interruption from date of commencement of the work until after guarantee period expires and Agency has given written permission to cancel insurance. 10.1.3 Certificates of Insurance acceptable to the Agency shall be submitted to the Agency prior to commencement of the work. Additional certificates evidencing continuation of coverage after final payment shall be submitted with the final Application for Payment as required by Subparagraph 10.1.2. 10.1.4 All certificates must be original. An original endorsement, naming the Agency as additional insured must be received prior to the start of work. 10.1.5 The Contractor shall obtain all insurance coverage required by this section. Said insurance coverage is required in addition to all other insurance coverage required by other provisions of the Contract Documents. Contractor to pay all deductibles. 10.1.6 Before an exposure to loss may occur, the Contractor shall file with the Owner a copy of each policy that includes insurance coverages required by this Paragraph 10.1. Each policy shall contain all generally applicable conditions, definitions, exclusions and endorsements related to this Project. Each policy shall contain a provision that the policy will not be canceled or allowed to expire until at least 30 days' prior written notice has been given to the Owner. Moorpark Redevelopment Agency Bid Package Structure Demolition — Grain Silos 192 High Street Page 54 of 58 00O U94 Technical Specifications For the Demolition of four (4) Grain Silos at 192 High Street, Moorpark, California 1. Demolish and remove all grain silo structures, extra grain material that may be inside the silos, paving, footings, catwalks, trash, debris, landscaping, fencing and walls, organic material, large boulders, bricks, blocks, miscellaneous abandoned items, shrubs and trees, associated with the immediate area surrounding the silos, (see attached site map) and lawfully dispose of offsite at an approved landfill, recycling center or salvage yard. Any debris disposed of at the landfill must be taken by City's contract waste hauler. No other structures are to be removed at this time. The fence line may be removed for the demolition project but shall be re- installed prior to project completion and final payment by Agency. 2. Prior to the start of the demolition work, Contractor shall secure at his own expense all necessary permits and pay any fees as required by all authorities having jurisdiction over the performance of his work. Contractor must also complete a Developer Waste Reduction and Recycling Plan. Demolition activity is prohibited within the City of Moorpark on Saturdays and Sundays and between the hours of 6:00 p.m. and 7:00 a.m., Monday through Friday. 3. Prior to commencing any demolition work, the Contractor shall contact "Dig Alert" and all serving utilities and make all arrangements necessary to insure that all utilities are properly located, removed and capped at the property line, if necessary. All necessary fees, permits and requirements of the serving utilities and authorities having jurisdiction will be secured and paid for by the contractor, contractor will coordinate all utility disconnections and removals necessary to proceed with the work in a timely manner. 4. Due to the grain silos proximity and encroachment upon the railroad rights -of- way contractor will need to coordinate and obtain all necessary permits from the rail authority prior to commencing work. The costs for these permits should be borne by the Contractor and should be included in the contractors bid for this work. 5. Verify that areas to remain unaltered adjacent to areas of demolition, alteration or cutting are completely secured and properly barricaded to ensure separation of such operations with anybody other than who is authorized to be in the construction area before beginning such work. Provide barricades and maintenance thereof, in accordance with applicable Federal, State and local codes and their respective requirements. Install temporary barricades, enclosures and protections before demolition work is started. 6. During demolition, take all precautions necessary to mitigate blowing dust and dirt. Use water sprinkling, temporary enclosures, and other methods to limit dust and dirt Moorpark Redevelopment Agency Bid Package Structure Demolition — Grain Silos 192 High Street Page 55 of 58 0 00095 migration. Comply with governing regulations and County Air Pollution Control District pertaining to environmental protection. Do not use water when it may create hazardous or objectionable conditions such as flooding and pollution. Do not allow demolished material to accumulate on site, have debris hauled off at regular intervals using appropriate City contract waste hauler. The appropriate waste hauler for the project can be determined by calling the Community Services Department at (805) 517 -6247. 7. Perform demolition exercising proper care to prevent injury to the public, workmen and adjoining property. Repair or replace existing work scheduled to remain, which is damaged by these operations. Return elements of construction and surfaces to remain to existing condition prior to start of operations. Repair adjacent construction or surfaces soiled or damaged by demolition work. 8. Limit Demolition operations to the immediate property on which the work is to be performed, do not infringe upon the adjoining roads or rights -of -way, except when access has been granted. Keep all access routes and adjoining roads and rights -of -way clean at all times. The tracking of mud, dirt or any other debris onto the adjacent and surrounding roads will not be permitted at any time. If there is debris tracked onto roads, at no time will the use of water be an acceptable clean -up method. 9. Limit noise to a reasonable level as related to specific items of equipment used and their hours of use. This does not preclude use of mechanical equipment, i.e. jack hammers, heavy equipment. 10. No blasting will be permitted, burning of rubbish at the site is not allowed. 11. Site and surrounding areas are to be left clean and free of any debris, organics pavement or other unsuitable materials and graded level. 12. In the event the contractor encounters on the project site material reasonably believed to be Asbestoses, Polychlorinated biphenyl (PCB) or other hazardous materials, Contractor shall immediately stop work in the effected area and report the condition to the Agency's Representative in writing. 13. Submit schedule for approval by the Agency's Representative indicating proposed methods and sequence of operations for demolition work. Include coordination for shutoff, capping and continuation of utility services as required, together with details for dust and noise control protection. Provide detailed sequence of demolition and removal operations. 14. Contractor will provide a competent English- speaking Superintendent to oversee the complete project. The Superintendent shall be present at all times work is being performed. The Superintendent shall have the authority to bind Contractor through Superintendents acts. The Superintendent shall represent the Contractor; communications given to the Superintendent shall be binding on the Contractor. Moorpark Redevelopment Agency Bid Package 00O U 9 f Structure Demolition — Grain Silos 192 High Street Page 56 of 58 15. Contractor will be responsible for the security of the site. Contractor shall be responsible for all damages to persons or property that occur as a result of its fault or negligence in the performance of this contract and shall be responsible for the protection of the project site until final acceptance by the Agency. Contractor shall take all necessary precautions for the safety of workers on the project and shall comply with all applicable federal, state, local and other safety laws, standards, orders, rules, regulations, and building codes to prevent accidents or injury to persons on, about, or adjacent to the premises where work is being performed and to provide a safe and healthful place of employment. 16. Contactor will be responsible to include appropriate construction site Best Management Practices to comply with applicable storm water and urban runoff permits, regulations, codes or laws. (site plan on next page) Moorpark Redevelopment Agency Bid Package Structure Demolition — Grain Silos 192 High Street Page 57 of 58 o0009'1 Co K o o CD CD B CL 0 CD c � o� CD :3-a 1 3 i'D D C/)rn _. :3 ro N 2 (Q A 11 CD CD Q_ C� � 0 o� (31 CD OD C C NOTES: 1. Remove all grain silos, foundations, and appurtenant structures, grade level. 2. All efforts should be made to recycle the steel associated with the silos. 3. All other structures, pavement, and con- crete walkways are to remain. 4. All perimeterfencing surrounding silos and property must be intact at the comple- tion of the project. Demolition Site Plan 192 High Street High Street Railroad Tracks N OTE5: 1. Remove all grain Silos, foundations, and appurtenant 5tructure5, grade level. 2. All efforts Should be made to recycle the steel associated with the silos. 3. All other 5tructure5, pavement, and con- crete walkways are to remain. 4. All perimeter fencing 5urrounding silos and property must be intact at the comple- tion of the project. c Demolition Site Plan 192 High Street High Street Railroad Tracks City of Moorpark 7/27/2007 4:17:31 PM PAGE 002/003 Fax Server July 27, 2007 REDEVELOPMENT AGENCY of ffie City of Moorpark 7" Moorpark Avenue Moorpark, CaUtbrnis 93821 (80.5) 517 -6204 ADDENDUM NO.1 for 192 High Street —Grain Silos NOTICE IS HEREBY LINEN to all bidders and plan holders that the plans and specifications for the demolition of the above described project are hereby amended as folktws: 1. Contractor to exclude demolition of the concrete foundations, 2. Contractor to include back - filling of large, deep hole on the west side of the grain silos. 3. Contractor to include patching of any areas where the .removal of the catwalks and silts leaves a hole in the warehouse building. Plywood,, or similar material, will be sufficient for the patching.. 4. All tree stumps leftoverfrom tree removal on the project site are to be ground fiat. 5- Clarification regarding contract waste hauler All bidders must use G. 1. Rubbish (contract waste hauler) to haul away any and all material destined for the landfill. Recyclable or salvageable material may be self. hauled by the contractor, or a vendor who is paying the contractor. to a recyclOwtvage center. The Agency must not incur any cost with regard to the hauling of recyclable or salvageable material for the Contractor to bid the self -haul option. If the Contractor bids with the self-haul option, a permit must. be issued by the City and tyre total tonnage recycled. must be reported. Questions about these requirements can be directed to Jennifer Mellon, Senior Management Analyst at (805) 517 -5247. 6. With this addendum, Agency is Issuing copies of a section of the structural engineers report to provide information on the structures that potential bidders may need to accurately prepare the bid.. Due to the amount of grain still housed In the silts and the possibility that some of the material may contain mold, Contractor should make arrangements 119 take all necessary precautions to mitigate the blowing of grain dust through water sprinkling and to protect all workers involved in the clean -up from inhalation of the dust. This addendum shall be made part of the above referenced project. Full compensation for all work and requirements of this addendum shall be considered as included In the appropriate price bid and no additional compensation will be allowed therefore. Hugh A. Rrl , t Ex r t 000100 City of Moorpark 7/27/2007 4:17:31 PM PAGE 003/003 Fax Server 192 High Street — Grain Silo Demolition Addendum No. 1 Page 2 Acknowledgement of the addendum by signing and inserting the addendum nurnber on page 7d the proposal, and returning a copy with your bid is required. Failure to do so, may result in ifte disqualfffcabon of your bid. Questions regard this addendum may be directed to the Agencys Project Representative Jessica, Sczepan, Administrative Specialist at (805) 517 -62Z Fax (805) 532.25W or jscaepan *ct.moorpark.ca.us. RECEIPT OF THIS ADDENDUM IS HEREBY ACKNOWLEDGED. PLEASE FAX A SIGNED COPY OF THIS PAGE TO JESSICA SCZEPAN AT (805) 532-26M. Company Name;_ SD NI L- iroc . o16a, 5t A UdgrJ Z03J O st ri es Authorized Representative: Q CLm P S Signature of Authorized Representativw Attachment 1— Structural Engineers Report 000101 ATTACHMENT 2 RESOLUTION NO. 2007- A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK ( "AGENCY "), CALIFORNIA, AMENDING THE FISCAL YEAR 2007/2008 BUDGET BY APPROPRIATING $44,000 FROM THE MRA AREA I - OPERATIONS (2902) FUND FOR DEMOLITION OF GRAIN SILOS AT 192 HIGH STREET WHEREAS, on June 20, 2007, the Board of Directors adopted the Agency budget for Fiscal Year 2007/2008; and WHEREAS, the Agency desires to demolish the grain silos at 192 High Street; and WHEREAS, a budget amendment is needed to fund the demolition of the grain silos. NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. A budget amendment in the total amount of $44,000 from the MRA Area I - Operations Fund, as more particularly described in Exhibit "A ", attached hereto, is hereby approved. SECTION 2. The Agency Secretary shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this 19th day of September, 2007. Patrick Hunter, Chair ATTEST: Deborah S. Traffenstedt, Agency Secretary Attachment: Exhibit "A" — Budget Amendment Detail 000. . , EXHIBIT A BUDGET AMENDMENT FOR MRA AREA 1 — OPERATIONS FUND 2007/2008 FUND ALLOCATION FROM: Fund Account Number Amount MRA Area 1 - Operations 2902 -5500 44,000.00 44,000.00 44,000.00 Total 44,000.00 DISTRIBUTION OF APPROPRIATION TO EXPENSE ACCOUNTS: Account Number Current Budget Revision Amended Budget 2902 - 2410 - 5038 -9611 $ - 44,000.00 44,000.00 Total $ - 44,000.00 44,000.00 Approved as to Form: 00011J3 tiii'+ 5 r Z Re,dev ltiortarnt t�o.ency M niiYtC; ACTION _6_ MOORPARK REDEVELOPMENT AGENC -' AGENDA REPORT 07001 �7°� TO: Honorable Moorpark Redevelopment Agency Board FROM: Mary K. Lindley, Parks, Recreation & Community Services Director DATE: September 10, 2007 (Meeting of September 19, 2007) SUBECT: Consider Resolution Amending the FY 2007/08 Budget for Los Angeles Avenue (State Route 118) and Spring Road Parkway Landscape Improvements DISCUSSION Staff is requesting that the Board adopt the attached Resolution, amending the FY 2007/08 budget by appropriating $5,000 for landscape improvements at the northwest corner of Los Angeles Avenue and Spring Road. Staff is recommending that the project be funded by the Moorpark Redevelopment Agency Area 1 Operations. As a part of Pardee Homes Development Agreement, they constructed wall improvements to along the west side of Spring Road, between Los Angeles Avenue and to just north of Dorothy Avenue. They agreed to improve the existing wall directly at the corner of Los Angeles Avenue and Spring Road. This is a prominent location and Pardee's work provided the city with the opportunity to enhance the corner landscaping. The project will include installation of irrigation, trees, vines, and shrubs consistent with the newly installed landscaping on the west side of Spring Road. Staff is working on a project to improve the existing wall and upgrade the landscaping along the north side of Los Angeles Avenue, from Spring Road to Millard Street. This project will be presented to the Agency and City Council in the future. STAFF RECOMMENDED (Roll Call Vote) Adopt Resolution No. 2007 - Attachment A: Resolution & \Community Services\ADMINISTRATIVE \CC Reports \2007 \9 -19 -07 (LMD Citywide Budget Amend).doc 0001",'4 RESOLUTION NO. 2007- RESOLUTION OF THE MOORPARK REDEVELOPMENT AGENCY, CITY OF MOORPARK CALIFORNIA, AMENDING THE FY 2007/08 BUDGET TO TRANSFER $5,000 FROM THE REDEVELOPMENT AGENCY FUND (2902) TO THE CITYWIDE LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT (2300) FOR PARKWAY IMPROVEMENTS WHEREAS, on June 20, 2007, the Moorpark Redevelopment Agency Board of Directors adopted the MRA budget for Fiscal Year 2007/08; and WHEREAS, a staff report has been presented to said Agency requesting a budget amendment to transfer $5,000 from the Moorpark Redevelopment Agency to the Citywide Landscape and Lighting Assessment District budget for parkway improvements, and WHEREAS, Exhibit "A" hereof describes said budget amendment and its resultant impacts to the budget line item(s). NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. A budget amendment to transfer $5,000 from the Moorpark Redevelopment Agency to the Citywide Landscape and Lighting Assessment District budget for parkway improvements as more particularly described in Exhibit "A attached hereto is hereby approved. SECTION 2. The Agency Secretary shall certify to the adoption of this resolution and shall cause. a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this 19th day of September, 2007. Patrick Hunter, Chair ATTEST: Deborah S. Traffenstedt, Agency Secretary Attachment: Exhibit A 0001c >s Resolution No. 2007- EXHIBIT A Budget Revision A. Fund Allocation: Fund No. Fund Name Amount 2902.5500 MRA —Areal Operations $5,000 $5,000 $10,000 2902.7900.7901.9820 B. Budget Appropriation: BUDGET NUMBER BUDGETED REVISION NEW BUDGET 2300.7900.7901.9252 $5,000 $5,000 $10,000 2902.7900.7901.9820 $0 $5,000 $5,000 C. Revenue Account: ACCOUNT NUMBER BUDGETED REVISION NEW BUDGET 2300.3720 $170,407 $5,000 $175,407 Approved as to form: 000111%