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HomeMy WebLinkAboutRES RDA 2010 223 2010 0120RESOLUTION NO. 2010 -223 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK, CALIFORNIA, ADOPTING THE 2010 — 2014 FIVE YEAR IMPLEMENTATION PLAN FOR THE MOORPARK REDEVELOPMENT PROJECT WHEREAS, California Community Redevelopment Law ([CCRL] California Health and Safety Code Section 33000 et seq.) Section 33490(a)(1) requires that on or before December 31, 1994, and each five years thereafter, each redevelopment agency that has adopted a redevelopment plan prior to December 31, 1993, shall adopt, after a public hearing, an implementation plan that shall contain the specific goals and objectives of the agency for the project area, the specific programs, including potential projects and estimated expenditures proposed to be made during the next five years, and an explanation of how the goals and objectives, and programs and expenditures will eliminate blight within the project area and implement the requirements of CCRL Sections 33334.2, 33334.4, 33334.6 and 33413 et al.; and WHEREAS, the Redevelopment Plan for the Moorpark Redevelopment Project was adopted on July 5, 1989, and therefore, is subject to the provisions of CCRL Section 33490; and WHEREAS, CCRL Section 33490 (a)(1)(B) provides that adoption of an Implementation Plan shall not constitute a project within the meaning of Section 21000 of the Public Resource Code, and, therefore, CEQA compliance is not required prior to approval and adoption of the Implementation Plan; and WHEREAS, all legal prerequisites to the adoption of this Resolution, including publication and postings, of the required notice pursuant to CCRL Section 33490(d), and California Government Code Section 6063, have occurred; and WHEREAS, the 2010 -2014 Implementation Plan was made available for public review not less than ten days prior to the public hearing, and WHEREAS, on January 6, 2010, the Agency conducted a public hearing required by CCRL Section 33490(a)(1)(A) and continued it open to January 20, 2010; and WHEREAS, on January 20, 2010, the Agency concluded the public hearing. NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: Resolution No. 2010 -223 Page 2 SECTION 1. Pursuant to CCRL Section 33490, the Agency, having heard all testimony and having considered the content of the 2010 -2014 Implementation Plan, hereby approves and adopts the 2010 -2014 Implementation Plan for the Moorpark Redevelopment Project, which is attached as Exhibit A and incorporated herein by this reference. 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 20th day of January, 2010. Ja c�e S. Parvin, Chair ATTEST: Maureen Benson, Assistant Secretary ESTABLOW IFO Q Exhibit A — 2010 -2014 Five -Year Implementation Plan c?Y OF d� Resolution No. 2010 -223 Page 3 EXHIBIT A FIVE YEAR IMPLEMENTATION PLAN 2010 THROUGH 2014 MOORPARK REDEVELOPMENT PROJECT Redevelopment Agency of the City of Moorpark January 20, 2010 Resolution No. 2010 -223 Page 4 FIVE YEAR IMPLEMENTATION PLAN 2010 THROUGH 2014 and CCRL SECTION 33413(b) (4) HOUSING COMPLIANCE PLAN MOORPARK REDEVELOPMENT PROJECT Prepared for the 0- Redevelopment Agency of the City of Moorpark Prepared by: Urban Futures Inc 3111 North Tustin Street, Suite 230 Orange, CA 92865 714)283 -9334 • FAX (714)283 -5465 www.urbanfuturesinc.com In Cooperation with the: Redevelopment Agency of the City of Moorpark January 20, 2010 Resolution No. 2010 -223 Page 5 CITY COUNCIL/ REDEVELOPMENT AGENCY BOARD MEMBERS Five Year Implementation Plan 2010 through 2014 for the Moorpark Redevelopment Project CITY /REDEVELOPMENT AGENCY STAFF Janice S. Parvin, Mayor /Chair Roseann Mikos, Ph. D., Mayor Pro Tern Nice Chair Keith F. Millhouse, Councilmember, Board Member David Pollock, Councilmember /Board Member Mark Van Dam, Councilmember /Board Member Steven Kueny, City Manager /Executive Director Hugh R. Riley, Assistant Executive Director David C. Moe, Redevelopment Manager Jessica Sandifer, Management Analyst Resolution No. 2010 -223 Page 6 Five Year Implementation Plan 2010 through 2014 for the Moorpark Redevelopment Project TABLE OF CONTENTS EXECUTIVESUMMARY ................................................................................. ..............................I PREFACE....................................................................................................... ..............................4 1.0 INTRODUCTION ................................................................................ ............................... 5 1.1 Definitions ................................................................................ ..............................5 1.2 Overview of Redevelopment Law as it Applies to the Implementation Plan .......... 6 1.3 Public Participation in the Implementation Plan Process ........ ..............................8 1.4 Project Area Location and Boundaries .................................... ..............................8 2.0 REVIEW OF AGENCY ACTIVITIES .................................................. .............................10 2.1 Historical Overview ................................................................. .............................10 2.2 State Legislation ..................................................................... .............................10 2.2.1 Mandatory Legislation .............................................................. .............................10 2.2.2 Discretionary Legislation .......................................................... .............................12 2.3 Summary of Historic Implementation Plan Goals and Objectives .......................13 2.3.1 2005 -2009 Implementation Plan Goals .................................... .............................13 2.4 Description of How the Agency has Implemented the Goals of the preceding implementation plan .............................................. .............................15 3.0 COMMUNITY DEVELOPMENT IMPLEMENTATION PLAN ............. .............................19 3.1 Goals and Objectives: FY 2009 -10 — FY 2014- 15 ................. .............................19 3.2 Economic and community development Projects and Programs ........................20 3.3 Goals and Objectives Nexus to Blight Elimination .......... .............................21 3.4 Program Amendments ........................................................... .............................22 3.5 Projected Agency General Redevelopment Fund Income and Expenditures.......................................................................... .............................23 4.0 HOUSING COMPLIANCE PLAN ...................................................... .............................26 4.1 Housing Production Requrements .......................................... .............................26 4.2 Past Housing Production ........................................................ .............................27 pResolution No. 2010 -223 . totge ?�rk Rc do ti c1o1)mcjN Project 1n71)1C11? t7h1ttnn PhIll 2010 -2014 4.3 Projected Housing Production .............................................. ............................... 30 4.4 Low and Moderate Income Housing Goals ............................ .............................32 TABLE 3 GOAL ACHIEVEMENT AND BLIGHT ELIMINATION NEXUS ...........................22 4.5 Projected Housing Needs ....................................................... .............................33 EXPENDITURES ............................................................... ............................... 4.5.1 Regional Housing Needs Assessment ................................... ............................... 33 4.5.2 Senior Housing Need Assessment ......................................... ............................... 34 4.6 Low- and Moderate - Income Housing program ....................... .............................35 TABLE 7 MAXIMUM DEVELOPMENT POTENTIAL IN PROJECT AREA BY ZONING 4.7 Low- and Moderate - Income Housing fund ............................. .............................35 31 TABLE 8 PROJECTED INCLUSIONARY HOUSING OBLIGATION JULY 1, 2009, 4.7.1 Tax Increment Financing .......................................................... .............................35 THROUGH JUNE 30, 2014 ................................................. .............................32 4.7.2 Excess Surplus ......................................................................... .............................36 33 4.7.3 Other Funding Programs .......................................................... .............................37 4.8 Ten Year Inclusionary Housing Requirements ....................... .............................39 4.9 Consistency with General Plan .............................................. .............................39 5.0 PLAN ADMINISTRATION ................................................................. .............................42 5.1 Plan Review ........................................................................... .............................42 5.2 Plan Amendment .................................................................... .............................42 5.3 Financial Commitments Subject to Available Funds .............. .............................42 5.4 Redevelopment Plan Controls ................................................ .............................42 LIST OF FIGURES Figure 1 — Project Area Map ................................................................. ............................... 9 LIST OF TABLES TABLE 1 MOORPARK REDEVELOPMENT PLAN CHRONOLOGY ... .............................10 TABLE 2 COMMUNITY AND ECONOMIC DEVELOPMENT KEY GOALS ACHIEVEMENT................................................................... .............................16 TABLE 3 GOAL ACHIEVEMENT AND BLIGHT ELIMINATION NEXUS ...........................22 TABLE 4 PROJECTED GENERAL REDEVELOPMENT AND FUND RECEIPTS AND EXPENDITURES ............................................................... ............................... 24 TABLE 5 HOUSING PRODUCTION JULY1, 2004 THROUGH JUNE 30, 2009 ............29 TABLE 6 INCLUSIONARY HOUSING OBLIGATION JULY 1, 2004 THROUGH JUNE 30, 2009 ............................................................................. ............................... 30 TABLE 7 MAXIMUM DEVELOPMENT POTENTIAL IN PROJECT AREA BY ZONING AND ACREAGE ................................................................ ............................... 31 TABLE 8 PROJECTED INCLUSIONARY HOUSING OBLIGATION JULY 1, 2009, THROUGH JUNE 30, 2014 ................................................. .............................32 TABLE 9 REGIONAL HOUSING NEEDS ASSESSMENT FAIR SHARE ALLOCATION.. 33 Resolution No. 2010 -223 Page 8 lloorhurk Reclerelolmlew Project Implementation flan 2010-2014 TABLE 10 FAIR SHARE HOUSING ALLOCATION .................. ............................... TABLE 11 DISTRIBUTION OF LOW INCOME SENIOR HOUSEHOLDS (1) ............ TABLE 12 PROJECTED AGENCY LMI HOUSING FUND PROGRAM EXPENDITURES ....................................................... ............................... TABLE 13 FINANCIAL RESOURCES AVAILABLE FOR HOUSING ACTIVITIES.... .. 34 .. 34 ..... 36 ..... 37 Resolution No. 2010 -223 Page 9 EXECUTIVE SUMMARY lloor/)ark Redevc1olmicn! Projec/ hn/Vementalion Plan 2010 -2014 Section 33490 requires that each redevelopment agency adopt an implementation plan every five years. The Moorpark Redevelopment Agency adopted its first Implementation Plan for the Moorpark Redevelopment Project in 1994 for the 1995 through 2000 period. The second implementation plan was adopted in 1999 for the 2000 through 2004 period, while the third implementation plan was adopted in 2004 for the 2005 through 2009 period. This fourth implementation plan covers the 2010 through 2014 period. This 2010 -2014 Implementation Plan, prepared pursuant to CCRL Sections 33490(a)(1) and 33413(b)(4), contains the following: • Agency accomplishments during the 2005 through 2009 implementation plan term; • Agency goals, objectives, programs, and projects for the next five years; • Estimated revenue and expenditures to enable implementation of Agency programs and projects; • An explanation of how the Agency's goals and objectives, programs, and expenditures will eliminate blight within the project areas; • An Affordable Housing Production Plan that outlines how the Agency will meet its affordable housing obligations pursuant to CCRL requirements over the next five years; and • An estimate of the number of units to be provided over the next five and ten years to meet the Agency's 15% inclusionary housing requirements. Agency Accomplishments through June 30, 2009 Over the past five years, the Agency has, both unilaterally and through participation in joint public /private partnerships, facilitated a number of successful projects and programs aimed at economic revitalization, blight reduction, and affordable housing production. Key accomplishments include: • Projects and Programs along the High Street Corridor in the Downtown Area - Civic Center complex — The Agency works with the City to develop draft plans for a new Civic Center to anchor the western end of the Downtown Area within the constraints of the CCRL. - West High Street Development — The Agency removed improvements in support of the development of Agency -owned property on High Street between Moorpark Avenue and the MetroLink station. - East High Street Development — The Agency commenced planning work for the south side of High Street east of the MetroLink Station to Spring Road. The Agency is also acquiring land in the area. - Magnolia Street Park — The Agency assisted in the development of the new Magnolia Street Park directly behind the new fire station. The Agency assisted in property acquisition and capital improvements. Resolution No. 2010 -223 l itgi %park Rcdevelo1»nenl Project lmhlelnenlnlion Plan 2010 -2014 - Human Services Center — The Agency designed this integrated center for human service organizations. - Police Station — The Agency assisted in construction of the new police station. • Moorpark Avenue Downtown Corridor Projects — The Agency has engaged in land acquisition aimed at stimulating investment in the Moorpark Avenue corridor during this Implementation Plan period. 347 Moorpark Avenue was acquired through this program and is now being marketed for redevelopment. • Business Enhancement Program — The Agency implemented a business enhancement program in cooperation with the Economic Development Cooperative of Ventura County. • Partnered with Creative Woodworks to retain the business in Moorpark and to assist with its expansion. • New Post Office — The Agency was instrumental in bringing the new Post Office to the downtown area by making Agency -owned land available on a long -term, low -cost lease. The Agency also improved the parking lot to serve the post office and downtown. • Business 911 Program —The Business 911 Program provides professional services and assistance to businesses on a request basis. This program is partly funded by the Agency. • High Street Streetscape Improvement Project — The Agency funded design of streetscape improvements, which will be implemented during the term of this Implementation Plan if funding is available. • Attempted to reinstate the Agency's eminent domain authority. • Infrastructure Projects Serving Downtown Area — The Agency funded the planning and /or construction of a number of infrastructure improvement projects in the downtown area, including High Street improvements, Charles Street reconstruction, storm drain and parking lot improvements. • Infrastructure Projects outside Downtown Area — The Agency has contributed to various infrastructure projects outside the downtown area, including storm drain design and construction, park improvements, and various street improvement projects. Agency Blight Elimination and Housing Programs for 2010 -2014 The success of Agency programs and projects during the Implementation Plan term are largely dependent on the strength of the national, state, and regional economies. Tax increment revenue is estimated for purposes of this report at declining and neutral growth rates. Additionally, the state of California has passed legislation authorizing a taking of redevelopment funds to balance the state budget. Although the legality of the taking has yet been determined, it is prudent for redevelopment agencies to consider the impact of the Supplemental Revenue Augmentation Fund (SERF) payment when developing its 2010 -2014 programs. In general, the Agency's 2010 -2014 redevelopment program includes: • Economic Development Collaborative of Ventura County participation • Fagade Improvement Program • High Street Streetscape Resolution No. 2010 -223 Page 11 • Downtown Improvement Program • Commercial Development Support • Infrastructure Improvement Activities .1/oo17?01-k Red veloI n ou Proje'c't ImlV e»aenlation Plan 2010-2014 The Agency's 2010 -2014 Affordable Housing Production Plan includes: • Research the development of housing programs that will lead to the replacement and rehabilitation of low and moderate income housing units and off -site improvements; • Identify, participate in, and monitor housing programs that meet the Agency's inclusionary and replacement housing requirements; • Respond to miscellaneous neighborhood improvement needs; and • Pursue the acquisition and recordation of covenants to ensure long term affordability of residential units. Conclusions and Recommendations To date, the Agency has successfully implemented its programs and managed its budgets. However, the generally negative economic climate in the state of California has affected the Agency's revenue stream through reductions in tax increment growth rate. Even if the state of California does not prevail with the SERAF take, without substantial budget modifications to planned projects and programs or an infusion of non - Agency funds, expenditures will exceed revenues during all five years of this Implementation Plan term. Recommended Program Changes In order to reduce the scope of the Agency's program to account for reduced tax increment receipts over the five -year term of this Implementation Plan, the following actions and program amendments are recommended for consideration: • Finance the Human Services Center over a longer period of time, or reduce the Agency's contribution to the center. • Refinance or pay off existing debt to reduce fixed annual debt payments. • Sell Agency -owned properties which has been delayed by the declining economy. • Delay the construction of the railroad crossing, and seek outside grant funds or stimulus money to fund project. • Delay implementation of High Street streetscape. • Delay construction of the MetroLink parking lot. • Discontinue or reduce funding of the High Street Arts Center operations. • Renegotiate pass through contracts with the County and other taxing entities. • Amend the Redevelopment Plan to add territory as feasible and appropriate. 3 Resolution No. 2010 -223 IrI1l)1ct?70ItntiOI7 PhM 2010 -2014 PREFACE This Implementation Plan was prepared in compliance with section 33490 et. seq. of California Redevelopment Law (the "CRL ") and applies to the Moorpark Redevelopment Project. Redevelopment programs and project activities to be implemented by the Moorpark Redevelopment Agency (the "Agency ") over the next five years will be identified, including housing activities targeted for individuals and families of very-low, low, and moderate income. The Implementation Plan contains five sections, plus an executive summary: Executive Summary: This short section summarizes the findings and recommendations of this Implementation Plan. 1.0 Introduction: This section includes definitions of the terms used in the Implementation Plan, an overview of redevelopment law as it applies to the Implementation Plan, the public participation process, and project area locations, boundaries, and maps. 2.0 Review of Agency Activities: This section presents an historic overview of plan adoptions and chronology, a discussion of recent CRL legislation and the Agency's compliance, and a summary of historic goals, objectives, and accomplishments. 3.0 Community Development Implementation Program: This section discusses the Agency's plan to eliminate blight in the project areas, presents the goals and objectives nexus to blight elimination, and projects revenues and expenditures for the Agency's community development program. 4.0 Housing Compliance Plan and Implementation Program: This section demonstrates the Agency's compliance with inclusionary housing requirements and presents the housing programs and projects that the Agency anticipates implementing over the next five years by project area in correlation to projected revenues and expenditures. 5.0 Plan Administration: This section describes the Implementation Plan process including a general description of financial resources that will be used to fund the housing and non - housing activities over the term of the Implementation Plan. 4 Resolution No. 2010 -223 Page 13 1.0 INTRODUCTION 1.1 DEFINITIONS Vloorinirk Reclevelohmew Project/ Implementation Plan 010 -2014 The following bold terms have the following meanings unless the context in which they are used clearly requires otherwise: "Agency" means the Moorpark Redevelopment Agency. "Agency Board" means the Board of Directors of the Agency. The members of the Agency Board are also the members of the City Council. "Amendment No. V means an amendment to the Plan for the sole purpose of placing certain restrictions on the Agency's eminent domain authority subject to approval of the City electorate. (Ordinance No. 111 on July 5, 1989) "Amendment No. 2" means an amendment to the Plan to incorporate the provisions of CCRL Section 33333.6 as adopted by AB1290. (Ordinance No. 202 on December 14, 1994) "Amendment No. 3" means an amendment to the Plan to incorporate the provisions of CCRL Section 33333.6(e)(2)(B), 33333.6(e)(2)(C) and 33333.6(e)(2)(D). (Ordinance No. 369 on July 2, 2008) "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" means the City of Moorpark. "ERAF" means the Educational Revenue Augmentation Fund, which is the state property tax allocation system that shifts property taxes from local governments to local education agencies. "HCD" means the Housing and Community Development Department of the State of California. HCD monitors the Agency's Housing Compliance Plan and LMI fund expenditures for compliance with State redevelopment law. "Implementation Plan" means this 2009 -2014 Implementation Plan for the Moorpark Redevelopment Project covering the period of July 1, 2009, through June 30, 2014. "LMI Housing Fund" means the Low and Moderate Income Fund of the Agency established pursuant to CCRL Section 33334.3 as it presently exists and as it may be increased or decreased by future Agency actions. "Moorpark Redevelopment Project" means the Moorpark Redevelopment Plan adopted by Ordinance 110 on July 5, 1989, and amended by Ordinance No. 111, Ordinance No. 202 and Ordinance No. 369. "Moorpark Redevelopment Project Area" or "Project Area" means the area included within the boundaries of the Moorpark Redevelopment Project. 5 pResolution No. 2010 -223 N1 ,, 'Park Rcdc i-clopment Proiccl InIpIcinenlation flan 2010 -2014 "Preceding Implementation Plan" means the 2005 -2009 Implementation Plan covering the period January 1, 2005, through December 31, 2009. "SERAF" means the Supplemental Educational Revenue Augmentation Fund, which was adopted in 2009 as CCRL Section 33690 to shift Tax Increment receipts from redevelopment agencies to local educational agencies. "Tax Increment" means the funds allocated to the Agency from the Project Area pursuant to CCRL Section 33670. "UFI" means Urban Futures, Inc., redevelopment consultants, retained by the Agency to assist it to complete the adoption of the Implementation Plan. 1.2 OVERVIEW OF REDEVELOPMENT LAW AS IT APPLIES TO THE IMPLEMENTATION PLAN On July 5, 1989, the City Council of the City of Moorpark adopted Ordinance 110 approving and adopting a redevelopment plan for the Moorpark Redevelopment Project ( "Project or Project Area, as appropriate "). Subsequently, Section 33490 was added to the CCRL. Section 33490 mandates that each agency adopt a five -year implementation plan commencing prior to January 1, 1995, for plans adopted prior to January 1, 1994. The Agency adopted its first Implementation Plan in 1994 for January 1, 1995, through December 31, 1999; its second in 2000 for January 1, 2000, through December 31, 2004; and the Preceding Implementation Plan in 2005 for January 1, 2005, through December 31, 2009. Additionally, and also pursuant to CCRL Section 33490, the Agency approved mid -term updates for the 1995 -99 Implementation Plan on December 17, 1997, for the 2000 -04 Implementation Plan on October 15, 2003, and for the 2005- 09 Implementation Plan on January 16, 2008. For data collection purposes and to correspond with HCD reports, this fourth Implementation Plan converts from a calendar year review to a fiscal year review and covers the period July 1, 2009, through June 30, 2014. CCRL Section 33490, among other things, requires an implementation plan to contain: • Specific goals and objectives of the agency for the project area(s) for the next five years; • Specific programs, including potential projects, and estimated expenditures proposed to be made during the next five years; • An explanation of how the goals and objectives, programs, and expenditures will eliminate blight within the project area(s); • An explanation on how the Agency's goals, objectives and expenditures will implement its affordable housing obligations pursuant to CCRL requirements over the next five years; • An explanation of how the LMI Housing Fund will be used annually over the term of the implementation plan, along with the amounts now available in the LMI Housing Fund, and projected deposits thereto. Also included shall be estimates of the number of units to be assisted in each of the five years; 6 Resolution No. 2010 -223 Page 15 1k)o park Reilevelopmew Prolec i Imnlemenlallon Plan 2010-2014 • An estimate of the number of units to be provided over the next five and ten years to meet the Agency's 15% inclusionary housing requirements, if applicable; • An estimate of the number of units to be provided at the end of the Plan's effectiveness to meet the Agency's inclusionary housing requirements, if applicable; • The number of qualifying very- low, low -, and moderate- income units that have been produced in the project area or outside the project area and the number of additional units that will be required to meet the inclusionary housing requirements; • The number of units that will be developed by the Agency, if any, including the number of units that will be available for very- low, low, and moderate- income households; and • The Project Area Affordable Housing Production Plan (plan required by Health & Safety Code Section 33413 (b) (4)). Under current law, agencies that administer redevelopment project areas or portions of project areas established on or after January 1, 1976, have an obligation to ensure that specified percentages of new or substantially rehabilitated housing are available at affordable cost to very- low, low, and moderate - income households. The CCRL permits an Agency to count affordable housing units outside a project area towards the Agency's requirements on a two- for -one basis; that is, two affordable housing units will count the same towards the Agency's inclusionary housing requirements as one unit created inside the project area. Affordable housing developed outside of a project area can be of direct benefit by accomplishing plan objectives. If a project is outside of the project area, the Agency must adopt findings that demonstrate a nexus to the plan. In addition, whenever dwelling units that house persons of low- or moderate - incomes are destroyed or removed from the affordable housing inventory as part of a redevelopment project with direct Agency involvement, the Agency is required to replace those units with an equal number of units within four years after the units were removed. The replacement dwelling units must have an equal or greater number of bedrooms as those units destroyed or removed and all must be affordable to very low -, low- or moderate - income households. Implementation Plans also address a number of financial issues as they apply to affordable housing per Section 33334 of the CCRL. Of particular importance in regards to the Implementation Plan are the following: Section 33334.2: establishes Agency obligation to use 20% of its tax increment revenue to increase, improve and preserve the community's supply of very- low, low, and moderate- income housing. Section 33334.4: specifies that the amount of money that can be spent from the Agency's 20% tax increment set -aside for senior housing is limited to the same proportion as the senior citizen population is to the overall population. Section 33334.6: sets forth various requirements for management of the Low and Moderate Income (LMI) Housing Fund. 7 Resolution No. 2010 -223 � ge�urk Rccicrelolnncni Projccl In1hIC177OW1601t PhIll '010- 2014 The financial section of the Plan must address the amount available in the LMI Housing Fund and the estimated amounts which will be deposited into the LMI Housing Fund during each of the next five years as well as estimates of the expenditures of monies from the LMI Housing Fund during each of the five years. Historic information contained in this Implementation Plan is based on a review of Agency reports and budgets, the Preceding Implementation Plan, and discussions with Agency staff. Information for FY 2008 -09 is based on the Agency's budget. Projections for FY 2009 -10, FY 2010 -11, FY 2011 -12, FY 2012 -13 and FY 2013 -2014 are based upon discussions with Agency staff and UFI 's calculations and projections. 1.3 PUBLIC PARTICIPATION IN THE IMPLEMENTATION PLAN PROCESS Pursuant to CCRL Section 33490, the adoption of an Implementation Plan must be preceded by a duly noticed public hearing. Notice of the public hearing was published in the local paper with a minimum three week notice and posted in four places in the Project Area not less than ten days prior to the public hearing. In addition, CCRL Section 33490(c) states that between two and three years after adoption of an implementation plan, an Agency must conduct a public hearing to review the redevelopment plan and implementation plan. The purpose of the mid -term review is to assess the extent to which an Agency's actual activities conform to the activities described in the preceding implementation plan. Therefore, the Agency will need to conduct a mid -term review of this Implementation Plan during 2011 or 2012. 1.4 PROJECT AREA LOCATION AND BOUNDARIES The location and boundaries of the Project Area are shown in Figure 1. H., Ore� Us n l'A­kll "0 f-fi4' qt -arm' J l Y H I i. :A". 1"' ^ 1 / I I i i R am m: 0 d 0 Boundaries shown are for general reference and illustrative purposes KNO: —W'; o only. Not intended to be a legal description of the metes and bounds. Moorpark City Limits Freeways Prepared By. Urban Fulures, Inc. Moorpark Base Map Source' CRy of Moorpark Data I em Ventira COL.'ItYO Railroads 2.ODD 1000 0 2.0 00 He MP1/0 _PA_IrnpPInmxd Moorpark Redevelopment Project Area Fee (D Cc Y) (Do -.1 E- -4 = 0 Z 0 N) C:) —A pResolution No. 2010 -223 l� (g Too RcdcVCl01)117 11 PI-O c c1 NI)Icnnic nnlilrunn Plant '010-2014 Z.0 REV /EW OFAGENCYACT /V /T /ES 2.1 HISTORICAL OVERVIEW The City of Moorpark established its Redevelopment Agency for the primary purpose of eliminating blight and stimulating the City's economic base. Establishment of a redevelopment plan authorizes the collection of tax increment funds for the purpose of financing programs that eliminate physical blight, and establishing a Low- and Moderate - Income Housing Fund that finances affordable housing production. Table 1 shows the history of the Agency, the Plans, and certain time limits associated with the Plans. 2.2 STATE LEGISLATION Subsequent to the preparation of the Preceding Implementation Plan and its mid -term review, several state laws affecting redevelopment plans were approved by the state legislature. These new laws and the manner in which the Agency has chosen to comply are briefly described below. 2.2.1 Mandatory Legislation SB 53 Senate Bill 53 requires all redevelopment agencies with a redevelopment plan adopted prior to December 31, 2006, to adopt an ordinance setting forth the agency's authority to use eminent domain and its program for eminent domain activities, even if it no longer has the authority under its redevelopment plan. 10 TABLE MOORPARK REDEVELOPMENT • N CHRONOLO Plan Adoption Date of Adoption July 5, 1989 Ordinance Number 110 Original Effectiveness of Plan 40 years (2029) Base Year' FY 1988-1989 Project Area Size Current Time Financial Limits 1,217 acres and For Commencement of Eminent Expired 2001 Domain For Establishment of Indebtedness2 Eliminated For Effectiveness of Plana July 4, 2030 (currently) For Repayment of Indebtedness3 July 4, 2040 (currently) ' Refers to the base year for the purpose of allocating taxes in the Project Area. 2 Per Ordinance 369 adopted on July 2, 2008, in response to SB 211. 3 Per Ordinance 369 adopted on July 2, 2008, in response to SB 1045. 2.2 STATE LEGISLATION Subsequent to the preparation of the Preceding Implementation Plan and its mid -term review, several state laws affecting redevelopment plans were approved by the state legislature. These new laws and the manner in which the Agency has chosen to comply are briefly described below. 2.2.1 Mandatory Legislation SB 53 Senate Bill 53 requires all redevelopment agencies with a redevelopment plan adopted prior to December 31, 2006, to adopt an ordinance setting forth the agency's authority to use eminent domain and its program for eminent domain activities, even if it no longer has the authority under its redevelopment plan. 10 Resolution No. 2010 -223 Page 19 1loorpark Reclerelolm eni Projcr/ Im1Ven1CIIhI1r017 P/cur '010 - 2014 Agency Compliance: Ordinance No. 351 was adopted on June 20, 2007, 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." (The initial authority for use of eminent domain ended July 5, 2001. The Agency subsequently initiated Amendment No. 2 to reactivate the eminent domain authority under CCRL Section 33450, but the reactivation was not approved.) SB 1809 Senate Bill 1809 requires that all new and existing redevelopment plans, which authorize the agency to acquire property by eminent domain, to record a statement with the county recorder which contains the following: • The project area description; and • A prominent heading in boldface type noting that the property that is the subject of the statement is located within a redevelopment project area; and • A general description of the provisions of the redevelopment plan that authorize the use of eminent domain by the agency; and • A general description of any limitation on the use of eminent domain contained in the redevelopment plan and the time limit required by CCRL Section 33333.2. Agency Compliance: Because the Agency's authority to commence eminent domain proceedings expired on July 5, 2001, the Agency is not required to record an "SB1809" statement. AB 987 Assembly Bill 987 requires all redevelopment agencies to create, maintain, and make available to the public on the internet an affordable housing database that describes existing and substantially rehabilitated housing units that were developed or otherwise assisted with Low and Moderate Income Housing Funds including inclusionary and replacement housing units. The database must be updated annually and include the following data: • The address and parcel number of the property; • The number of units with number of bedrooms per unit; • The year of construction completion; • The date the affordability covenant or restriction was recorded; • The document number of the recording; • The expiration date of the covenant or restriction; and 11 Resolution No. 2010 -223 �,tgi% Jc2r�k Rec %t elohnnew I'rnjce! hnplemcnialion Plan 21110 -2014 • The date and document number of any covenants or notices that may be recorded when an ownership unit is sold. Agency Compliance: The Agency's affordable housing data base is located on the Agency webpage: hftp: / /ci. moorpark. ca. us /moorparkcity /i mg /AB987Report. jan2009. pdf AB 1389 Assembly Bill 1389 requires all redevelopment agencies to submit to the county auditor on or before October 1, 2008, an accounting of the statutory pass- through payments made by the agency pursuant to Health and Safety Code sections 33607.5 through 33607.7 between July 1, 2003, and June 30, 2008. If concurrence is not achieved between the agency and the county auditor by February 9, 2009, on the amounts that are owed to local educational agencies, the agency may, after a specified procedure, be subject to severe restrictions on its activities, including a prohibition on encumbering funds, incurring new debt, adding or expanding a project area, or be required to reduce its monthly administrative costs. Agency Compliance: Concurrence with Ventura County has been achieved 2.2.2 Discretionary Legislation SB 211 Senate Bill 211 states that redevelopment agencies may repeal the timeline for incurring debt on redevelopment plans adopted prior to January 1, 1994, without complying with normal amendment procedures. It also allows for the extension of the time limits for plan expiration and for receiving tax increment revenues up to ten (10) additional years if the agency can make the following findings: • Significant blight remains; • The local Housing Element is certified; • There are no major redevelopment violations; and • The agency is not in a state of "Excess Surplus" with its LMI Housing fund. Agencies that choose to adopt a ordinance authorizing the SB 211 provisions, would also be required to pay statutory pass- through payments to all affected tax entities that that currently do not have contractual fiscal agreements. Agency Action: Ordinance 369 adopted on July 2, 2008, eliminated the debt incurrence deadline. SB 1045 Senate Bill 1045 authorizes redevelopment agencies that made ERAF payments in FY 2003 -2004 to recover the ERAF payments by amending their redevelopment plans by ordinance to extend the time of effectiveness of the plan 12 Resolution No. 2010 -223 Page 21 .11OW -1 rk Rethveluhme w Proleci ImlVemcnialion Plan 2010-2014 and the agency's ability to collect tax increment by one (1) year. Modifications to statutory pass- through payments are not triggered by the bill. Agency Action: Ordinance 369 adopted on July 2, 2008, amended the plan effectiveness date to July 4, 2030, and amended the time limit to receive tax increment to July 4, 2040. SB 1096 Senate Bill 1096 required every redevelopment agency to make an ERAF payment to the county auditor for two (2) consecutive fiscal years, 2004 -2005 and 2005 -2006. Recognizing that ERAF payments are a financial burden on redevelopment agencies, SB 1096 authorizes agencies to recover the ERAF payments by amending their redevelopment plans by ordinance to extend the time of effectiveness of the plan by one (1) year for each year of the ERAF payments. The extension can be made if the existing time limit has no more than ten (10) years remaining with no other requirements, or if the existing time limit is between ten (10) years and twenty (20) years provided that the agency can make the following findings: • Agency is in compliance with Housing Fund requirements; • Agency has an adopted Implementation Plan; • Agency is in compliance with applicable replacement housing production requirements; and • Agency is not subject to sanctions for Low -and Moderate - Income Housing Fund excess surplus. Agency Action: The Project Area is not eligible for SB 1096 provisions because the plan effectiveness deadline exceeds twenty years from the dates that the 2005 and 2006 ERAF payments were made. 2.3 SUMMARY OF HISTORIC IMPLEMENTATION PLAN GOALS AND OBJECTIVES The Moorpark Redevelopment Plan is a long -term document and, accordingly, includes generalized goals and objectives over the term of its effectiveness. The purpose and objective of the Redevelopment Plan is to eliminate the conditions of blight that exist in the Project Area and to prevent the recurrence of blighting conditions. As described above, implementation plans span a period of five years; consequently, the goals and objectives set forth in these "short- term" implementation plans are more specific and are intended to be modified over time as they are met and /or events require their modification. The goals contained in the Preceding Implementation Plan are as follows: 2.3.1 2005 -2009 Implementation Plan Goals The main goals of the Preceding Implementation Plan were intended to revitalize the Downtown Area with both non - housing activities and housing activities: 13 pResolution No. 2010 -223 l i 1)22k Retleveluhn ew /'rnjccl 1m1)1en7c i7t(rlrnn Platt 2010 -2014 Goal No. I: Encourage and increase economic development activities in the Project Area Objectives: 1.1 Provide resources for establishing new and retaining and expanding existing commercial and industrial businesses in the Project Area. 1.2 Provide assistance with land acquisition and relocation of existing uses to support public and private development. 1.3 Amend the Redevelopment Plan to re- institute eminent domain authority within the Project Area as stipulated in Ordinance 111.' Goal No. II: Make improvements to Project Area infrastructure and public facilities which benefit the Project Area Objectives: 11.1 Provide funding, as appropriate and feasible, for public facilities, such as parking facilities, which serve properties in the Project Area. 11.2 Continue funding for infrastructure improvements in the public right - of- way (including sewer, storm drain, water systems, and surface improvements) which benefit the Project Area. 11.3 Reduce traffic congestion, install traffic signals as needed, improve public safety, and reduce public parking deficiencies within the Project Area. 11.4 Provide funding, as appropriate and feasible, for public service facilities such as a library, senior center, and public safety facility improvements. Goal No. III: Revitalize the Downtown Area Objectives: 111.1 Complete redevelopment of Agency -owned properties on High Street including 467 High Street and property on the south side of High Street between the MetroLink lot and Moorpark Avenue. 111.2 Work with private developers to acquire and redevelop property on the east end of High Street. 111.3 Install MetroLink Station landscaping and access improvements. 111.4 Design and construct the new Magnolia Park on Charles Street. 111.5 Complete streetscape improvements along High Street and Moorpark Avenue including: i) public and angle parking on High Street; ii) widening of Moorpark avenue; and iii) enhancing pedestrian safety by installing lighted, decorative bollards delineating vehicular and pedestrian zones on both streets. 111.6 Develop and implement a Preservation /Reuse Plan for Birkenshaw House and property. 111.7 Construct new City Hall /Civic Center and Public Works /Parks Department Corporation Yard and complete construction of Police Services Center. The City Council declined to adopt an ordinance to extend eminent domain authority in September 2007. 14 Resolution No. 2010 -223 Page 23 Morinirk Re(1c 1'C1 0hn707! 1'1-0jrc7 Intl7/en7cwalior7 flan 010 -2014 111.8 Underwrite or finance and construct the Human Services Center on a two -acre site north of the Police Services Center. 111.9 Promote affordable housing by developing a minimum of 150 new affordable housing units in the Downtown Area, including both single family units and multiple family units. Goal No. IV: Increase, improve, and preserve the supply of very low -, low -, and moderate - income housing Objectives: IV.1 Promote and participate in public /private partnerships with non - profit and for profit developers and /or property owners to rehabilitate existing rental units for very low- and low- income households. IV.2 Develop and implement owner - occupied, revolving loan program(s) for low and moderate income households. IV.3 Work with property owners and the development community to identify infill parcels and to develop new housing units for very low -, low -, and moderate - income households on these parcels. IVA Work with the City to require new housing developments outside of the Project Area to contribute financing and /or inclusionary units intended for low- and moderate - income households. IV.5 Provide additional opportunities for improving the Walnut Canyon residential area north of Casey Road to complement Tract 5405 (which has nine moderate, four low, and four very low income units). 2.4 DESCRIPTION OF HOW THE AGENCY HAS IMPLEMENTED THE GOALS OF THE PRECEDING IMPLEMENTATION PLAN To accomplish its goals, the Agency has worked diligently with community leaders, private sector businesses, and other governmental agencies. The economic downturn that began in late 2006 negatively impacted the Agency's ability to execute its economic development program. Nonetheless, the Agency continued to actively promote its economic development programs. Key achievements of the Preceding Implementation Plan time period (2004 -2009) are highlighted in Table 2 along with which goals and blight conditions were addressed by the Agency's programs and projects. 15 Resolution No. 2010 -223 'l-1rigt�24k Rccletelulnnnejt/ 1'roject hnplennenlution flan 211111 -2014 KEY GOALS ACHIEVEMENT AGENCY PARTICIPATION KEY GOAL KEY a — funding A — Prevent Blight Acceleration b — planning or professional assistance B — Economic Development / c — business retention or business attraction services Revitalization C — Capital Improvements Programs /Projects Agency Goal Participation Satisfaction a, b, c A, B West High Street Development — The Agency removed infrastructure improvements in support of the development of Agency -owned property a, c A, B on High Street between Moorpark Avenue and the MetroLink station. East High Street Development — The Agency commenced planning work a, b, c A, B for the south side of High Street east of the MetroLink Station to Spring Road. The Agency is also working to acquire land in the area. Magnolia Street Park — The Agency assisted in the development of the a, c A, B new Magnolia Street Park directly behind the new fire station. The Agency assisted in property acquisition and capital improvements. . Human Services Center — The Agency designed the center to integrate a, b A, B multiple human service organizations. Police Station — The Agency assisted in construction of the new police a B station through property acquisition and assistance with development costs. Moorpark Avenue Downtown Corridor Projects — The Agency has a, b A, B engaged in land acquisition aimed at stimulating investment in the Moorpark Avenue corridor during this Implementation Plan period. 347 Moorpark Avenue was acquired through this program and is now being marketed for redevelopment. Business Enhancement Program — The Agency implemented a business a, b, c A, B enhancement program in cooperation with the Economic Development Collaborative of Ventura County (EDC -VC). Partnered with Creative Woodworks to retain the business in Moorpark c B and to assist with its expansion. New Post Office — The Agency was instrumental in bringing the new Post a A, B Office to the downtown area by making Agency -owned land available on a long -term, low -cost lease. The Agency also improved the public parking lot serving the post office and downtown businesses. Business 911 Program —The Business 911 Program provides professional a, b, c A, B services and assistance to businesses on a request basis. This program is partly funded by the Agency. High Street Streetscape Improvement Project — The Agency funded a, b A, B, C 16 Resolution No. 2010 -223 Page 25 lloor lmrk Rc c%rclolmic'ni Pr olec i Invrlcnremalrun flan 21110 -2014 TABLE -7 KEY GOALS ACHIEVEMENT AGENCY PARTICIPATION KEY GOAL KEY a — funding A — Prevent Blight Acceleration b — planning or professional assistance B — Economic Development / c — business retention or business attraction services Revitalization C — Capital Improvements Programs /Projects Agency Goal Participation Satisfaction design of streetscape improvements, which will be implemented during the term of this Implementation Plan. Infrastructure Projects Serving Downtown Area — The Agency financed a, b C various infrastructure projects serving the downtown area, including: • Installed High Street hardscape and drainage improvements. • Financed and designed Walnut Canyon Strom Drain improvements to accommodate New High Street Post Office • Reconstructed Charles Street. • Installed curb, gutter, and sidewalk improvements on Charles Street. • Financed and designed downtown parking lot located at the corner of Moorpark Avenue and High Street Infrastructure Projects Outside Downtown Area — The Agency has a, b C contributed to various infrastructure projects outside the downtown area, including: • Acquired land and provided partial funding for Poindexter Park development • Built sound wall and installed landscaping along Los Angeles Avenue • Commissioned Spring Road Storm Drain Study and built recommended improvements. • Commissioned Moorpark Avenue Storm Drain Study and built recommended improvements. • Installed Flory Avenue hardscape improvements. • Acquired land and provided construction funding for Magnolia Park. • Financed part of Flinn Road re- alignment and traffic signal. As shown Table 2, above, the Agency has focused on goals and objectives as set forth in the Preceding Implementation Plan that relate directly to the provision, improvement, and rehabilitation of public infrastructure to lessen conditions of blight and to improve the overall economic and physical condition of the Project Areas. However, while the Agency has spent substantial numbers of dollars on blight remediation, the projects identified above have not been able to fully ameliorate the conditions of blight described 17 pResolution No. 2010 -223 l (ge 3(6k Re(/c t'c 1o1mrie11! Project 1n11)lc 171 7101ru11 11(1112010-2014 in CCRL Sections 33031(a), 33031(b), and 33030(() and conditions of blight continue to detract from more positive aspects of the Project Area. Available Agency resources will continue to play an integral role in the City's ability to remedy negative physical and economic conditions still affecting the Project Area. 18 Resolution No. 2010 -223 Page 27 Woorlwrk Re(Ic iviolrmen! Project Implemeniulion Plan 2010-2014 3.0 COMMUN/TYDEVELOPMENT /MPLEMENTA T /ON 3.1 GOALS AND OBJECTIVES: FY 2009 -10 — FY 201415 CCRL Section 33490(a)(1)(A) states that an implementation plan shall contain an Agency's specific goals and objectives for the project area(s). These goals and objectives are divided into two distinct categories: programs related to the provision or replacement of affordable housing, and all other non - housing programs that the Agency may pursue under the adopted redevelopment plan. This chapter focuses specifically on the Agency's potential non - housing activities during this Plan's five -year period. The chapter will describe specific projects and expenditures and explain how said projects and expenditures will address conditions of blight in the Project Area. Potential housing activities are discussed in Chapter 4. The following goals and objectives are generally consistent with those of the Preceding Plan, with only minor changes. Goal No. I: Encourage and increase economic development activities in the Project Area Objectives: 1.1 Provide resources for attracting new businesses and retaining and assisting with the expansion of existing businesses in the Project Area. 1.2 Provide assistance with land acquisition and relocation of existing uses to support public and private development. Goal No. 11: Make improvements to Project Area infrastructure and public facilities which benefit the Project Area Objectives: 11.1 Provide funding, as appropriate and feasible, for public facilities, such as parking facilities, parks and recreation facilities, landscaping and other amenities, which serve properties and people in the Project Area. 11.2 Continue funding for infrastructure improvements in the public right- of- way (including sewer, storm drain, water systems, and surface improvements) which benefit the Project Area. 11.3 Reduce traffic congestion, install traffic signals as needed, improve public safety, and reduce public parking deficiencies within the Project Area. 11.4 Provide funding, as appropriate and feasible, for public service facilities such as a library, senior center, human services and parks and recreational facilities. 19 Resolution No. 2010 -223 Page 28 .11001y)ark Redevelulmmem f rojc'cl /n�1�len�e�alcNicu� Plan 2010-2014 Goal No. III: Revitalize the Downtown Area Objectives: 111.1 Complete redevelopment of Agency -owned properties on High Street including 467 High Street and property on the south side of High Street between the MetroLink lot and Moorpark Avenue. 111.2 Work with private developers to acquire and redevelop property on the east end of High Street. 111.3 Install MetroLink Station wall, landscaping, and access improvements. 111.4 Acquire land, if necessary, and construct new park and recreational facilities in the Project Area. 111.5 Complete streetscape improvements along High Street and Moorpark Avenue including: i) public and angle parking on High Street; ii) widening of Moorpark Avenue consistent with the Circulation Element; and iii) enhancing public safety by installing improvements such as lighted, decorative bollards delineating vehicular and pedestrian zones as appropriate. 111.7 Expand Library. 111.8 Underwrite or finance and construct the Human Services Center on a two -acre site north of the Police Services Center. 111.9 Acquire property and partner with private and non - profits developers provide a minimum of 40 new affordable housing units in the Downtown Area, including both single family units and multiple family units. 3.2 ECONOMIC AND COMMUNITY DEVELOPMENT PROJECTS AND PROGRAMS The Agency's non - housing projects and - programs are designed to meet its goal of removing blight, highly leveraging the use of Agency funds, and improving the visual attractiveness of the Project Area. However, expectations for the successful completion of economic development projects and programs are conservative due to the current recessionary economic climate and financial crisis that the nation is experiencing. Tax increment is dependent upon the taxable value of land or improvements in the Project Area. It is anticipated that revenue flows may diminish or not increase at the previous rate due to events not controlled by the Agency. Nonetheless, the Agency will continue to follow its goals and objectives as funding permits. These programs and projects include: EDC -VC Program — Participate in the Economic Development Collaborative- Ventura County (EDC -VC) program to attract, retain and expand businesses in Ventura County and in Moorpark. Fagade Improvement Program — This program provides fagade improvement loans to downtown Moorpark businesses. 20 Resolution No. 2010 -223 Page 29 l footywrk Rey 1evc col mutt! Pruicrt Inzt)ic�tt�c�t?101ion flan �l) I U- "0I4 High Street Streetscape — This on -going program is aimed at improving the visual quality and amenities of the High Street Area. It includes the completion of streetscape improvements along High Street including public and angle parking on High Street; and enhancing public safety by installing improvements such as lighted, decorative bollards delineating vehicular and pedestrian zones as appropriate. Downtown Improvement Program — This program includes a number of interrelated activities, including: • Acquire land, if necessary, and construct new park and recreation facilities in the Project Area. • The installation of MetroLink Station landscaping and access improvements. • Expansion of the Library. • Underwriting or financing and constructing the Human Services Center on a two - acre site north of the Police Services Center. • Downtown parking improvement to include purchase of Metrolink parking lot for future use as Downtown public parking. Commercial Development Support — This program is to work with private investors to develop commercial property, and includes negotiations of development agreements for property at 347 Moorpark Avenue, 467 High Street, and the south side of High Street in cooperation with Askenazy. 3.3 Goals and Objectives Nexus to Blight Elimination CCRL Section 33490(a)(1)(A) requires that each implementation plan contain an "...explanation of how the goals and objectives... will eliminate blight within the project area... ". Table 3 shows the relationship of the Agency's specific five -year objectives to the eradication of remaining blight in the Project Area, as defined in CCRL Sections 33030 and 33031. Although the current definition of blight for consistency with state law which has changed since the preparation of the Preceding Implementation Plan, the physical and economic conditions addressed by the previous plan remain accurate. Blight Conditions: Physical: CCRL Section 33031(a) 1. Unsafe buildings 2. Standard, defective or obsolete design or construction 3. Incompatible land uses 4. Irregular and inadequate lots under multiple ownership Economic: CCRL Section 33031(b) 5. Depreciated or stagnant property values 6. Abnormally high business vacancies, low lease rates, or high number of abandoned buildings 7. Serious lack of commercial facilities 21 Resolution No. 2010 -223 Page 30 .1 foon7hn'k Rc ilel'elol)atCW PI'oie( l lrrthlr»lc nlalion Plcnr 2010-2014 8. Serious residential overcrowding Public Infrastructure: CCRL 33030(C) 9. Inadequate public improvements 10. Inadequate water or sewer facilities Table 3 shows the relationship of the Agency's specific five -year work program to its objectives and to the eradication of remaining blight, as defined in CCRL Sections 33030 and 33031 for the Project Area. 3.4 PROGRAM AMENDMENTS The Agency has identified the projects and programs shown herein as the most probable implementation activities for the term of this Implementation Plan. Since other public and private projects, not foreseen today, may be deemed feasible and preferential in eliminating blight, it may be necessary from time to time for the Agency to make changes to programs and activities. Whether or not listed herein, specific projects and programs may be constructed or funded by the Agency during the period covered by this Implementation Plan, if the Agency finds that: The goals and objectives of the Redevelopment Plan are furthered; 2. Specific conditions of physical or economic blight within the Project Area will be mitigated in whole or in part through implementation of the project; and 3. Specific conditions relative to a development project, including the financial feasibility thereof, require that the public improvement project be constructed at the time in question. 22 TABLE GOAL ACHIEVEMENT AND . Program /Project Satisfies Objective Addresses Blight Number' Condition Number2 EDC -VC Program 1.1 4,5 Fagade Improvement Program 1.1, 111.1 1, 2, 5 High Street Streetscape 11.1, 11.2 2,5 Downtown Improvement Program 11.1, 11.2, 11.3, 11.4, 1, 2, 3, 4, 5, 7 111.1, 111.2 Commercial Development Support 1.1, 1.2, 111.1, 111.2 2, 3, 4, 5, 7 Infrastructure Improvement Activities LL.1, 11.2, 11.4 5, 10, 11 ' Refer to Section 3.1 2 Refer to Section 3.3 3.4 PROGRAM AMENDMENTS The Agency has identified the projects and programs shown herein as the most probable implementation activities for the term of this Implementation Plan. Since other public and private projects, not foreseen today, may be deemed feasible and preferential in eliminating blight, it may be necessary from time to time for the Agency to make changes to programs and activities. Whether or not listed herein, specific projects and programs may be constructed or funded by the Agency during the period covered by this Implementation Plan, if the Agency finds that: The goals and objectives of the Redevelopment Plan are furthered; 2. Specific conditions of physical or economic blight within the Project Area will be mitigated in whole or in part through implementation of the project; and 3. Specific conditions relative to a development project, including the financial feasibility thereof, require that the public improvement project be constructed at the time in question. 22 Resolution No. 2010 -223 Page 31 Uoorl.)ark Re(1c vc 1ol)ntc'n/ I'I'oiCCI Inwlemewation flan 2010-2014 3.5 PROJECTED AGENCY GENERAL REDEVELOPMENT FUND INCOME AND EXPENDITURES The Agency has identified several major sources of funds for the programs and activities planned over the next five years. These funding sources may include, but are not limited to: • Sale of tax allocation bonds supported by tax increment revenues from the project area. • Tax increment revenues over and above the amounts required to cover debt service on the tax allocation bonds. • Proceeds from land sales to private developers for purposes of implementing specific redevelopment projects. • Loans and advances from the City of Moorpark. • Community Development Block Grant (CDBG) funds, which are only to be used to provide community facilities, services, and residential rehabilitation programs in low -and moderate - income areas. • Other Federal and State grants and loan programs. Although the Agency is continuing to aggressively implement its community development and economic development goals, the success of its programs and projects is largely dependent upon the strength of the national, state, and regional economies. Tax increment revenue in the Project Area is expected to decline by I% in FY2010 -11, then to be stagnant over the next two years, and then only to increase slowly through 2013 - 2014. In 2008, the state attempted to force local redevelopment agencies to make a unilateral Educational Revenue Augmentation Fund (ERAF) payment to the state of California for fiscal year 2008 -2009 in the amount of $350 million statewide. The California Redevelopment Association (CRA) filed a lawsuit to stop the ERAF payments. On April 30, 2009, the courts ruled in CRA's favor, and found unconstitutional a provision in the current state budget that would have required redevelopment agencies statewide to transfer monies to fund state obligations. The State chose not to pursue an appeal of this ruling. In July 2009, the State legislature voted to balance the State budget with the taking of redevelopment funds. The State budget added a Supplemental Educational Revenue Augmentation Fund ( SERAF) payment of $1.7 billion statewide in 2009 -2010 and re- instated the $350 million for payment in 2010 -2011. The Agency's SERAF take for 2009 -10 is $1,923,315 and $395,977 in 2010 -11. At the time this Implementation Plan was prepared, the final determination of the legality of the SERAF takings had not been finalized. 23 Resolution No. 2010 -223 Page 32 lloo/ junk Retlevelolmilen! Project linl/lemewaIion /Tarr 2010-20 14 -. PROGRAM CATEGORY PROJECT TABLE 4 - JECTED GENERAL REDEVE-OPMENT FUND RECEIPTS FY 2008-09 -e FISCAL YEAR 2008 -09 1 2009 -10 2010 -11 1 2011 -12 1 2012 -13 1 2013 -14 CASH BALANCE FORWARD $21,205,67 $15,297,1411 $7,932,2931 $4,885,6821 $2,260,0331 $1,075,959 A. Tax Increment' $6,704,844 $6 ,779,306 $6,685,033 $6,685,033 $6,778,3631 $6,966,890 B. Interest Income $424,113 $305,943 $158,646 $97,714 $45,201 $21,519 D. Rental Income 22,000 34,000 34,680 35,374 36,081 36.803 E. Sale of Property" 0 0 0 0 0 0 F. Other Income' 78,600 81,000 82,620 84,272 85,958 87,677 Annual Receipts $7,229,558 $7,200,248 $6,960,978 $6,902,392 $6,945,602 $7,112,889 TOTAL AVAILABLE 1 $28,435,2321 $22,497,3891 $14,893,2721 $11,788,0741 $9,205,636 $8,188,848 A. LMI Set -Aside Funds' $1,340,969 $1,355,861 $1,337,007 $1,337,007 $1,355,673 $1,393,378 B. Community Development' 400,000 210,000 214,200 218,484 222,854 227,311 C- Pass Through Pa mentsii 3,132,911 3,178,552 3,120,767 3,120,767 3,177,975 3,293,533 D. Tax Admin. Fees9 134,097 135,586 133,701 133,701 135,567 139,338 E. Bond Debt Service10 1,221,714 1,765,522 1,763,949 1,761,357 1,761,748 1,761,980 F. Capital Projects 6,243,859 7,000,000 2,500,000 2,000,000 500,000 0 G Direct Administration 327,076 502,824 512,880 523,138 533,601 544,273 H. Other/Transfers/Adjustments" 337,465 416,751 425,086 433,588 442,259 451,105 Annual Expenditures $13,138,091 $14,565,096 $10,007,590 $9,528,041 $8,129,676 $7,810,917 YEARLY ENDING BALANCE $15,297,141 $7,932,293 $4,885,682 $2,260,033 $1,075,959 $377,931 I. SERAF payments $0 $1,923,315 $395,977 $0 $0 $0 Annual Expenditures $13,138,091 $16,488,411 $10,403,566 $9,528,041 $8,129,676 $7,810,917 YEARLY ENDING BALANCE $15,297,141 $6,008,978 $2,566,390 459,258 - $1,243,332 41,941,360 Note Fiscal Year 2006 -09 beginning balance is from City sources ' Based on actual FY2008 -09 & preliminary 2009 -10 assessed valuation as provided by the Ventura County Auditor Controller with a 1 % reduction in 2010 -11, 0% growth in 2011 -12, 1 % growth in 2012 -13. and 29,6 growth in 2013 -14 2A 2% interest earnings rate on Yearly Beginning Balances is assumed ' Income from rent of Agnecy-owned facilities ' Anticipated sale of property 'Other income is based on the FY 2008 -09 budget and includes miscellaneous income from use of Agency -owned facilities 9 Pursuant to CCRL 33334.4, the Low and Moderate Income Housing Set Aside Funds are equal to twenty percent of tax increment revenue 7 Planning, administration, and professional services Program expenditures are based on UFI and Agency projections e Pass - through payments pursuant to the terns of negotiated agreements s Capital outlays based on FY 2008-09 Agency budget and discussions with Agency stall. 10 As shown on the Offioal Statement for the following Tax Allocation Bonds "Shown are transfers to the City per City cost allocation formulas The Projected General Redevelopment Fund Receipts and Expenditures Table (Table 4) summarizes the anticipated revenues and expenditures for the 2010 - 2014 General Redevelopment Fund. These numbers are not to be used for bonding purposes; they are solely intended to reflect general trends and assumptions. The Agency's budget is constrained by a number of factors. Tax increment receipts will either decline or be relatively stagnant during the five -year planning period due to the weakened real estate economy. High fixed costs further constrain the Agency. These include fixed contractual payments to taxing agencies, debt payments, Low- and 24 Resolution No. 2010 -223 Page 33 Wom7ni rk Rc(1e vclo1)n7cn/ Projc'c•i lmhlennenlalion Plan 2010-2014 Moderate - Income Housing Fund payments, and Agency operating costs. The greatest flexibility for the near term is in the capital improvement fund. Table 4 shows a scaled -back implementation program during the next five years, due mainly to the expected low rate of tax increment growth coupled with increasing operating costs. Table 4's projections show the Agency putting about $7 million into capital improvements during FY2009 -2010. It is assumed that these funds will be used to begin construction of the Human Services Complex. Fiscal Years 2010 -2011 and 2011 -2012 show capital investments of $2.5 million and $2.0 million respectively. Capital expenditures will decline to $500,000 in FY2012 -2013, and zero in FY2013- 2014. Based on this program, the Agency will maintain a positive year -end balance throughout the five -year planning period. If property values, and thus tax increment, increases at a higher rate than projected, more funds will be available for Agency programs and projects. In order to reduce the scope of the Agency's program to account for stagnant tax increment receipts over the five -year term of this Implementation Plan, the following actions and program amendments are recommended for consideration: • Finance the Human Services Center over a longer period of time, or reduce the Agency's contribution to the center. • Refinance existing debt to reduce fixed annual debt payments. • Sell Agency -owned properties which has been delayed by the declining economy. • Delay the construction of the railroad crossing improvements. • Delay implementation of High Street streetscape. • Delay construction of the Metrolink parking lot. • Discontinue or reduce funding of the High Street Arts Center operations. • Amend the Redevelopment Plan to include new territory as feasible and appropriate. 25 Resolution No. 2010 -223 Page 34 .19uur 1)(rrk Redeve loInn 'nt Pi-o jec7 Im1)1cInentaiion Plan 2010-2014 4.0 HOUSING COMPLIANCE PLAN CCRL Section 33413(b)(4) requires each redevelopment agency to adopt a compliance plan as part of the implementation plan required by CCRL Section 33490 indicating how the agency will comply with the requirements set forth in CCRL Section 33413(b). This section of the Implementation Plan complies with this requirement and is the Agency's Housing Compliance Plan. It describes how the Agency intends to expend monies in the LMI Housing Fund consistent with the provisions of CCRL Section 33334.4 as amended by Assembly Bill 637 and made effective on January 1, 2002, and Senate Bill 701 (Torlakson) effective January 1, 2003. These bills clarified and added housing compliance plan requirements. Since a redevelopment agency may expend funds from its LMI Housing Fund anywhere in the community, it is not necessary to segregate LMI Housing Fund monies generated from within each Project Area. This Compliance Plan update takes into account all residential construction or substantial rehabilitation that has occurred within the Project Area since adoption of the Compliance Plan, in order to determine whether the Agency is still meeting its affordable housing production needs. New construction and substantial rehabilitation statistics were obtained via a review of the City's building permits, previously prepared documents, and discussions with City staff. The CCRL defines and limits assisted income categories as follows (the CCRL does not separate the extremely low- and very-low income categories; federal housing programs do make a distinction)2: Very Low Income — persons or households whose gross income does not exceed 50% of the area's median income; Low Income — persons or households whose gross income is greater than 50 %, but does not exceed 80% of the area's income; and Moderate - Income — persons or households whose gross income is greater than 80 %, but does not exceed 120% of the area's median income. Affordable housing cost is defined as Very Low Income — Not more than 30% of 50% of the County median household income; Low Income — Not more than 30% of 70% (or 60% for rental projects) of the County median household income; and Moderate - Income — Not more than 35% of 110% (or 30% of 120% for rental projects) of the County median household income. 4.1 HOUSING PRODUCTION REQUREMENTS One of the fundamental goals of redevelopment in California is the production, improvement and preservation of the supply of housing affordable to very low -, low -, and moderate - income households. This goal is accomplished, in part, through the execution 2 As of 2005 per 2005 -2010 City of Lompoc Consolidated Plan 26 Resolution No. 2010 -223 Page 35 Woor/)urk RccicrcloInnew Project Ininlememalion Mali 2010-2014 of four different, but interrelated requirements imposed on redevelopment agencies by the CCRL. These requirements are: An agency must use at least 20 percent of its tax increment revenue to increase, improve and preserve the supply of low- and moderate - income housing in the community (CCRL Section 33334.2); • An agency must replace, in equal or greater number, very low -, low -, and moderate - income housing units and bedrooms which are destroyed or removed as a result of a redevelopment project (the "replacement rule," CCRL Section 33413(a)); • An agency must ensure that a fixed percentage of all new or substantially rehabilitated dwelling units are affordable to very low -, low -, and moderate - income persons and families (the "inclusionary rule," CCRL Section 33413(b)(1)) At least 30 percent of all new or substantially rehabilitated dwelling units developed by the Agency must be available to persons or families of low- or moderate - income. Of these, 50 percent must be available to very low- income households. This requirement would apply to housing developed directly by the Agency, but not to housing projects developed by a private party under an agreement with the Agency. - At least 15 percent of all new dwelling units developed by parties other than the Agency or substantially rehabilitated dwelling units developed with Agency assistance shall be available at affordable costs to persons or families of low - or moderate - income. Of these, 40 percent must be available at affordable costs to very low- income households. This requirement applies in the aggregate, and not to each individual housing development project. These low- and moderate - income dwelling units may be provided outside the Project Area, but will only be counted on a two- for -one basis. In other words, if the Agency has an inclusionary housing need of 10 units inside the Project Area, then 20 units outside the Project Area would satisfy the overall requirement on a two- for -one basis. Only low- and moderate - income housing units whose affordability is guaranteed on an on -going basis over the long term may be counted in meeting these requirements. For the purposes of this plan, long -term affordability is defined as not less than 55 years for rental units and 45 years for home ownership, or as otherwise defined in CCRL Section 33413(c). t2 PAST HOUSING PRODUCTION This section presents an analysis of the Agency's compliance with CCRL Sections 33490, 33413, 33334.2 or 33334.6, 33334.3, and 33334.4 regarding the Agency's housing production program for Preceding Implementation Plan time period. The information provided through Fiscal Year 2008/09 is factual, based upon the annual Agency reports to HCD of housing activity, the preceding implementation plan, the Housing Element, and other empirical data. Subsequent data is estimated by Agency and UFI staff. 27 Resolution No. 2010 -223 Page 36 .W001-I)ark Re(levelol�men! Pro cc'l lmIdemenlutinn Plan 2010 -201 -1 Inclusionary units are those units in which the Agency holds the affordability covenants. Affordable units located within the Project Area, but with covenants held by another party, are not credited towards the Agency's inclusionary requirement. As outlined above, housing production requirements are based upon replacement housing and inclusionary housing requirements. To determine whether an Agency has met those requirements, each category must be reviewed. Replacement Housing Between July 1, 2004, and June 30, 2009, the Agency removed one affordable housing unit, which was replaced. Inclusionary Housing in the Project Area: Agency Developed Between July 1, 2004, and June 30, 2009, the Agency developed three affordable housing projects inside the Project Area. The inclusionary requirement for non - agency built housing is 30 percent of the units produced, with 50 percent of those units made available to Very Low - Income households. Therefore, the inclusionary obligation accrued for the Preceding Implementation Plan term was 1 unit restricted for Very Low - Income households. Inclusionary Housina Outside the Proiect Area: Agencv Developed Between July 1, 2004, and June 30, 2009, the Agency did not develop any affordable housing units outside the Project Area. Inclusionary Housinq Outside the Proiect Area: Non-Agency Developed or Agency Assisted The Agency is presently working with a developer outside the Project Area to provide low- income units. The developer is presently providing 25 units, and will provide 12 more in the future. Inclusionary Housing Inside the Proiect Area: Non-Agency Developed According to Agency staff, there were 321 non - agency new units built in the Project Area between July 1, 2004, and June 30, 2009. The inclusionary requirement for non - agency built housing is 15 percent of the units produced, with 40 percent of those units made available to Very Low - Income households. Therefore, the inclusionary obligation accrued for the Preceding Implementation Plan term was 48 units with 20 of these units restricted for Very Low - Income households and 28 units for Low- and Moderate - Income households. There were 214 affordable units built within the Project Area. However, to meet the inclusionary housing obligation required by the CCRL, ownership units must remain affordable for 45 years and rental units for 55 years. The 15 affordable units in the Mountain View project are restricted for 30 years, and therefore may not be counted towards meeting the Agency's inclusionary obligation. Table 5 demonstrates the City's commitment to the provision of affordable housing for Moorpark residents. 28 Resolution No. 2010 -223 Page 37 kfoorlwt-k Re(levelnpmew Pi- ojcc•l /mmlemenicrliur7 Phni 2010-2014 Summary of Inclusionary Obligation Based upon data provided in the Preceding Implementation Plan, the Agency began the 2004 -2009 Implementation Plan period with a net inclusionary obligation deficit of 14 affordable units: a surplus of 4 Low- and Moderate - Income units and a deficit of 18 Very Low - Income units. During the course of the Implementation Plan term, 324 units were produced in the Project Area incurring an inclusionary obligation of 48 non - Agency and 1 Agency developed units. The Agency has erased its inclusionary housing deficit with the production of 199 affordable units. Table 6 demonstrates the 2005 -2009 inclusionary housing obligation and production that results in a cumulative surplus of 41 Very Low - Income units and 68 Low- and Moderate - income units through June 30, 2009. This surplus will be carried over to determine the Agency inclusionary housing obligation for the next five and ten years as required by State redevelopment law. N-01 JULY' 2004 THROUGH • JUNE 3C_ 2X­�_, Project Total units Affordability Term Affordable Units Expiration Date Very Low Low Mod Vintage Crest Senior Apartments 190 55 years 76 114 Life of Project Mountain View 33 30 years 0 0 vanes Moondance (Colmer) 21 Perpetuity 1 2 Moondance (Agency - constructed) 3 Perpetuity 1 2 TR Partners 8 Perpetuity 0 1 Canterbury Lane (Shea Homes) 60 Perpetuity 0 2 Other Private Single Family 9 None 0 0 TOTAL 324 -- 78 121 Summary of Inclusionary Obligation Based upon data provided in the Preceding Implementation Plan, the Agency began the 2004 -2009 Implementation Plan period with a net inclusionary obligation deficit of 14 affordable units: a surplus of 4 Low- and Moderate - Income units and a deficit of 18 Very Low - Income units. During the course of the Implementation Plan term, 324 units were produced in the Project Area incurring an inclusionary obligation of 48 non - Agency and 1 Agency developed units. The Agency has erased its inclusionary housing deficit with the production of 199 affordable units. Table 6 demonstrates the 2005 -2009 inclusionary housing obligation and production that results in a cumulative surplus of 41 Very Low - Income units and 68 Low- and Moderate - income units through June 30, 2009. This surplus will be carried over to determine the Agency inclusionary housing obligation for the next five and ten years as required by State redevelopment law. N-01 Resolution No. 2010 -223 Page 38 .11001-1)urk Rc(levelol)ni m Pi- gjec -i 7mlVenicrw(aion [Tuft `010-2014 4.3 PROJECTED HOUSING PRODUCTION The same analysis applies to projected housing production for the current Implementation Plan to anticipate the Agency's continued compliance with CCRL Sections 33490, 33413, 33334.2 or 33334.6, 33334.3, and 33334.4. The data is estimated based upon Staff discussions, the Housing Element, and other empirical data. Replacement Housing The Agency is not anticipating destroying or removing any occupied low- and moderate - income housing units from within the Project Area. Inclusionary Housing in the Project Area: Agency Developed The Agency anticipates directly producing one new unit within the Project Area. The Agency expects to contract with private entities for the rehabilitation and production of affordable units. Inclusionary Housing Outside the Project Area: Agency Developed The Agency does not anticipate directly producing units or contracting with private entities to produce covenanted affordable units outside of the Project Area. .W TABLE INCLUSIONARY HOUSING • JULY THROUGH JUNE :"C; 2K9 Units Made Affordable at Affordable Housing Cost Project Area Status Dwellin g TOTAL VeryLows Low - Moderates Cumulative Deficit or Surplus Units Actual Actual Produced Inclusionary Inclusionary Number Inclusionary Number Very Low - Obligation Obligation of Units Obligation of Units Low Moderate Restricted Restricted Balance Forwardz 301 45 18 0 27 0 -18 -27 Agency Developed' 3 1 1 1 0 2 1 2 Non - Agency 321 48 20 78 28 121 58 93 Developed4 New Balance 625 94 39 79 55 123 41 66 Forward Compliance with Sections 33413(b)(1),(c),(d)(1), and 33490(a)92)(A)(ii). 2 Per Preceding Implementation Plan (July 1, 1999 - June 30, 2004). 3 Inclusionary obligation is 30 percent of units produced with 50 percent allocated to Very Low - Income households. 4 Inclusionary obligation is 15 percent of units produced with 40 percent allocated to Very Low - Income households. s As defined by Health and Safety Code 50105 As defined by Health and Safety Code 50093 4.3 PROJECTED HOUSING PRODUCTION The same analysis applies to projected housing production for the current Implementation Plan to anticipate the Agency's continued compliance with CCRL Sections 33490, 33413, 33334.2 or 33334.6, 33334.3, and 33334.4. The data is estimated based upon Staff discussions, the Housing Element, and other empirical data. Replacement Housing The Agency is not anticipating destroying or removing any occupied low- and moderate - income housing units from within the Project Area. Inclusionary Housing in the Project Area: Agency Developed The Agency anticipates directly producing one new unit within the Project Area. The Agency expects to contract with private entities for the rehabilitation and production of affordable units. Inclusionary Housing Outside the Project Area: Agency Developed The Agency does not anticipate directly producing units or contracting with private entities to produce covenanted affordable units outside of the Project Area. .W Resolution No. 2010 -223 Page 39 llow-1)(ri•k Reelevelol)mcn/ Ptwiccl In7l)1 menlulion Plant 2010-2014 Inclusionary Housing Inside the Project Area: Non - Agency Developed The number of units anticipated to be constructed in the Project Area between 2010 and 2014 is extrapolated from a 2007 field reconnaissance survey of property in the Project Area. Among other things, the survey identified vacant property that was zoned residential and on which housing could reasonably be constructed. Table 7 outlines the potential housing build -out by zoning. MAXIMUM Zonin DEVFI.OPMENT BY ZONING Maximum Densit�r du/ac ABLE P,'-)TFNTIAL IN PROJECI AREA AND ACREAGE Parcel Maximum Count Acrea a Units R -1 6.99 26 9.2 64 R -1-6 7.26 8 1.4 10 RE 4.36 10 11.5 50 RE -1 AC 1 11 4.6 5 RE -20 20 2 1.3 26 RE -5AC 5 1 21.2 106 RPD -1.63U 1.63 2 16.6 27 RPD -12U 12 25 18.4 221 RPD -15U 15 7 7.7 116 RPD -16.2U 16.2 1 2.8 45 RPD -20U 20 1 2.6 52 RPD -7.5U 7.5 1 4.9 37 RPD -7 -14U 14 9 3.2 45 RPD -7U 7 4 31.8 223 RPD -9.1 U 9.1 1 0.1 1 TOTAL 147.04 109 137.3 1,027 ' Dwelling units per acre (du /ac) Potential residential build -out in the Project Area is 1,027 units. Assuming a 20 -year build -out period, 257 units would be built per every 5 -year increment. The inclusionary requirement for 257 units is 39 units, of which 15 would be restricted for households of Very Low - Income and 24 for Low- and Moderate - Income households. Summary of Inclusionary Obligation As shown in Table 6, the Agency will begin the current Implementation Plan period with an inclusionary obligation surplus of 109 affordable units, of which 41 are Very Low - Income units and 68 are Low -and Moderate - Income units. During the course of the 2010 -2014 Implementation Plan term, an additional 257 units are expected to be constructed in the Project Area. This would add an inclusionary obligation of 39 units. Table 8 projects the inclusionary obligation and status for the Agency over the next five years. With the assumptions made in this report, the Agency will have exceeded its obligations for inclusionary housing at the end of the Implementation Plan period. Even 31 Resolution No. 2010 -223 Page 40 .I AMI-1wi-k Rc,t1ei- c101rnrrrr/ 1'rujc rl lnrtrl01701101iun 1'1u17 X010 -?014 if no affordable housing projects are constructed, the Agency will have exceeded its inclusionary obligation. 4.4 LOW AND MODERATE INCOME HOUSING GOALS The Agency has one affordable housing goal with nine objectives: GOAL: INCREASE, IMPROVE AND PRESERVE THE QUALITY OF LOW /MODERATE INCOME HOUSING THROUGHOUT THE PROJECT AREAS AND THE CITY OBJECTIVES 1. Promote and participate in public /private partnerships with non- profit and for profit developers and /or property owners to build new housing units and /or rehabilitate existing rental units for very-low and low- income households. 2. Develop and implement owner - occupied, revolving loan program(s) to help low- and moderate - income households purchase new or rehabilitated homes. 3. Work with property owners and the development community to identify and acquire in -fill housing development parcels, and to partner with private and non - profit entities to construct new housing units for very low -, low -, and moderate - income households on these parcels. 32 mg _ Units Produced —OTITA a e or a e ousm o o ea us TOTAL VeryLow6 Low- Moderatee Cumulative Deficit or Surplus Inclusionary Obligation Inclusionary Obligation Actual Number of Units Restricted Inclusionary Obligation Actual Number of Units Restricted Very Low Low - Moderate Balance Forward2 625 94 39 79 55 123 41 68 Agency Developed' 1 1 1 0 0 0 -1 0 Non - Agency Developed or Assisted' 257 39 16 0 23 0 -16 -23 New Balance Forward 883 1 134 1 58 1 79 78 123 24 45 ' Compliance with Sections 33413(b)(1),(c),(d)(1), and 33490(a)92)(A)(ii). 2 Per Section 4.2 of this Implementation Plan. 3lnclusionary obligation is 30 percent of units produced with 50 percent allocated to Very-Low Income households. 4 Inclusionary obligation is 15 percent of units produced with 40 percent allocated to Very-Low Income households. 5 As defined by Health and Safety Code 50105 6 As defined by Health and Safety Code 50093 4.4 LOW AND MODERATE INCOME HOUSING GOALS The Agency has one affordable housing goal with nine objectives: GOAL: INCREASE, IMPROVE AND PRESERVE THE QUALITY OF LOW /MODERATE INCOME HOUSING THROUGHOUT THE PROJECT AREAS AND THE CITY OBJECTIVES 1. Promote and participate in public /private partnerships with non- profit and for profit developers and /or property owners to build new housing units and /or rehabilitate existing rental units for very-low and low- income households. 2. Develop and implement owner - occupied, revolving loan program(s) to help low- and moderate - income households purchase new or rehabilitated homes. 3. Work with property owners and the development community to identify and acquire in -fill housing development parcels, and to partner with private and non - profit entities to construct new housing units for very low -, low -, and moderate - income households on these parcels. 32 Resolution No. 2010 -223 Page 41 I1oorRark Re(le vclolnnew Pi -oiert lnrl�lcmcnfulion Plan 2010-2014 4. Work with the City to require new housing developments outside of the Project Area to contribute financing and /or inclusionary units intended for low- and moderate - income households. 5. Provide additional opportunities for improving the Walnut Canyon residential area north of Casey Road. 4.5 PROJECTED HOUSING NEEDS CCRL Section 33334.4(a) requires that an agency must expend its LMI Housing Fund monies towards assisting housing for persons of very low- , low- income and moderate - income in at least the same proportion as the total number of housing units needed for each of these income groups bears to the total number of units needed for very low -, low -, and moderate - income households within the community, as those needs have been determined by the most recent Regional Housing Needs Assessment (RHNA). This requirement must be met over the same 10 -year implementation plan period as the requirements of CCRL Section 33413(b). CCRL Section 33334.4(b), requires an Agency to expend LMI Housing Fund monies in at least the same proportion as the population under the age of 65 bears to the total population of the community as identified by the most recent census. 4.5.1 Regional Housing Needs Assessment The state legislature adopted Assembly Bill 2853 in 1980 requiring all councils of government to develop regional allocations of housing needs (new and existing) for all income categories (fair share of housing) based on regional housing needs. The Ventura County Regional Housing Needs Assessment (RHNA) states that the fair share for the City of Moorpark for period ending June 30, 2014 is 1,617 units. The income distribution is shown in Table 9: TABLE REGIONAL SHARE • Income Distribution • Required Units Very Low Income 363 Low Income 292 Moderate Income 335 Sub - Total: Affordable Units 990 Above Moderate 627 TOTAL 1,617 Source: Southem Califomia Association of Govemments Table 10 identifies the City's estimated housing need by income limits for very low -, low -, moderate- and above moderate income households within the community by percentage of total housing units. Per CCRL Section 33334.4(a), these percentages are to be applied to Agency LMI Housing Fund spending. Based on the housing needs determined through the Fair Share Allocation process, at least 36.67 percent of all LMI Housing Fund expenditures must be made towards assisting very low- income headed households and at least 29.49 33 Resolution No. 2010 -223 Page 42 .1 /0xn-j)urk Re(ieveloInn w Project 11771)10 707tuliO17 PhIll 2010-2014 percent must be made towards assisting low- income headed households. Approximately 33.83 percent of all LMI Housing Fund expenditures can be used to assist moderate income households. Above Moderate (Market rate units) 627 N/A 38.8 TOTAL UNITS 1,617 100.0 100.0 4.5.2 Senior Housing Need Assessment CCRL Section 33334.4(b) limits the amount of money an agency can utilize from its LMI Housing Fund to assist senior, affordable housing. An agency must spend LMI Funds in the same proportion as senior low - income households bear to the total low- income households in the community, as determined in the most recent U.S. Census3. Prior to 2005, the agency limitation was based on the proportion that the senior population represented in the entire community. In 2005, SB 527 shifted the emphasis to low income households due to the fact that in many communities, the senior population has a greater proportion of low - income earners and, therefore, a greater need for housing assistance than the general population. For example, seniors could represent only ten 10% of the overall population of a community, but constitute 25% of the low- income population of the community. In such a circumstance, SIB 527 allows an agency to provide assistance to a greater proportion of senior housing than the previous law allowed. In order to compute the ratio of low income senior households, 2000 Census data is used. Table 11 summarizes the calculation for Moorpark's LMI Housing Fund. TABLE 11 DISTRIBUTION OF LOVV INCOME SENIOR HOUSEHOLDS Total Number of Low- Income Households 2,343 Number of Low- Income Senior Households (2) 405 Ratio of Senior Households to Total 17.3% ' Source: U.S. Census Bureau - 2000 Census s Indudes both renters and owners 3 It should be noted that the Census data considers age 62 and over to be "senior" whereas the CCRL utilizes age 65 and over. Also, the income levels in the Census are based on "Median Family Income" rather than the "Area Median Income" specified in the CCRL. These discrepancies are not addressed in 33334.4 and no case law currently exists to provide clarity. The approach used to compute the ratio of senior households reflects best industry practices. 34 Resolution No. 2010 -223 Page 43 Iloorlurk Rede relolnment I'roiert Inwlemenlution Plan 010 -2014 According to the 2000 Census, 17.3% of the City's low income households (405) were occupied by low- income seniors. Therefore, in carrying out the requirements of CCRL Section 33334.4(a), no more than 17.3% percent of LMI Housing Fund expenditures may be allocated towards exclusively assisting senior restricted housing. 4.6 LOW- AND MODERATE - INCOME HOUSING PROGRAM To address the housing needs noted above, the Agency intends to implement a limited housing program during the period of this Implementation Plan based on a mix of new residential construction and rehabilitation of existing dwellings. As noted previously, the national financial crisis has significantly impacted both the private and the public sector's ability to construct decent and affordable housing. Nonetheless, the Agency intends to pursue implementation of several programs and projects during the term of this Implementation Plan, subject to funding availability. These programs may include a downpayment assistance program for low- and moderate - income households, new construction of affordable units, and a housing rehabilitation program. • Research the development of housing programs that will lead to the replacement and rehabilitation of low and moderate income housing units and off -site improvements; • Identify, participate in, and monitor housing programs that meet the Agency's inclusionary and replacement housing requirements; • Respond to miscellaneous neighborhood improvement needs; and • Pursue the acquisition and recordation of covenants to ensure long term affordability of residential units. • Pursue implementation of several programs and projects during the term of this Implementation Plan, subject to funding availability. These programs may include a down payment assistance program for low- and moderate - income households, new construction of affordable units, and a housing rehabilitation program. 4.7 LOW- AND MODERATE - INCOME HOUSING FUND Funding for the Agency's housing program comes from several sources including state funds and tax increment financing. The purpose of the Implementation Plan is to document compliance with state redevelopment law; therefore, this report only analyzes tax increment financing and its relationship to housing plan compliance. 4.7.1 Tax Increment Financing As required by redevelopment law, the Agency will set aside twenty percent of its gross tax increment toward increasing, improving, and preserving affordable housing in the City of Moorpark. Table 12 summarizes the anticipated revenues and expenditures in the Low and Moderate Income (LMI) Housing Fund. These numbers are based on the Agency's fiscal reports, not the budget, and reflect actual expenditure rates. The numbers should not be used for bonding purposes; they are solely intended to reflect general trends and assumptions. A detailed accounting is shown in Appendix D, including an accounting of excess surplus. 35 Resolution No. 2010 -223 Page 44 0 011)ark Relic rclolmi nt Project lnrhlrn7c�nlr�tion Plan 2010-2014 "Other Revenues" includes interest income and use of property (rental income). "Community Development" includes general and administration expenditures allocated to the LMI fund as well as projections of affordable housing program budgets. -. FUND ACTIVITY TABLE 12 a PROGRAW LXPENDITURES FY 2008 09 THROUGH 2008-09' 1 2009 -10 1 2010 -11 2011 -12 1 2012 -13 1 2013 -14 CASH BALANCE FORWARD 897 117.9 817.842 1,607,51 41 9 3,246,311 Tax Increment 20 %of gross allocation 1.340,9691 1,355.8611 1.337,0071 1,337,0071 1.355,6731 11393,378 B Investment or Interest Income 4.0001 2.3591 16.3571 32.1501 48,2601 64, C Rental or Lease Income I 24,OODI 31,OODI 31,0001 31.0001 31,ODDI 31, Total Receipts 1,38898 1,389,2201 1,384.3631 1,400.1571 1,434,9321 1 489, TOTAL AVAILABLE I 2,288, 1.507,1461 Z2OZ2061 3,007,6701 3.847,9101 4,735,615 A. Acquisition of Property 1.045.4871 01 0 01 01 01 B Data Service 152.0001 152,DDOI 152,000 152, 152.00DI 152, C. Commundy Developirri 74,2234 95,7351 0 of 01 01 D. Construction, Rehabilitation, Infrastructure. and other 497.6311 95,7351 100,OD0 1DO.0001 100.0001 1DO.DDOI E. Other/Transfers/Adjustments 379.3681 345,8331 342,692 342,6921 349.5991 363, Total Expenditures 2,14904 689,30 594,692 594,692 601,5991 815 YEARLY ENDING BALANCE 117,9261 817,6421 1,607,513 41$8 3,2M,31 1 4,120, Excess Surplus Anslysb Maximum Allowable Fund Balance' 4,171.902 4,732.51 4,982, 5,049, 5,370, 5.3a5,54 B Yearly Ending Fund Balance 1179261 817,842 1 607,513 2,412,978 3,246,311 4,120. C. Less- Bond Proceeds Held by Fiscal Agent D. Adjusted Ending Cash Balance 1 117,9261 817,8421 1,607,5131 2,412,9781 3,248 311 4,120, E. 6cuss w luss 1 01 01 01 01 01 01 Note. 2008-09 beginning balance is from City sources Projections are based on 2008-09 Agency budget. .Planning, administration, and professional services Program expenditures are based on UFI and Agency projections Equal to the greater of the sum of tax increment deposits over the prior four fiscal years or $1 million dollars Excess Surplus exists t the adjusted unencumbered balance of the previous year exceeds the Maximum Allowable Fund Balance Table 12 shows that the LMI Housing Fund is sufficiently healthy to meet its inclusionary housing need through the term of this Implementation Plan. The Agency has the resources to implement the housing programs and projects that are discussed in this Implementation Plan. In fact, the Agency may begin implementing its programs and projects at a higher expenditure rate towards the end of the planning period in FY 2012 -13 or FY 2013 -14. 4.7.2 Excess Surplus Excess Surplus is defined and calculated based on provisions in Health & Safety Code Section 33334.12. Excess Surplus is determined on the first day of each fiscal year. The calculation requires comparing the sum of property tax increment deposited over the previous four fiscal years against the agency's adjusted beginning balance (prior year's ending adjusted unencumbered balance) to determine which amount is greater. Agencies are allowed to adjust their unencumbered balance to exclude the amount of unspent proceeds from the sale of bonds and the difference between the price of land sold during the reporting period compared to the land's fair market value. By statutory definition, Excess Surplus exists when the adjusted unencumbered balance exceeds the 36 Resolution No. 2010 -223 Page 45 .1lool wi-k Re(1evc'1oj)m n1 Pi -ojec l 1171I)IC17707lulio» PIW7 2010 -21114 greater of: (1) $1 million or (2) the combined amount of property tax increment revenue deposited over the preceding four fiscal years. As shown on Table 12, the Agency currently does not have an excess surplus in the LMI Housing Fund, and is not likely to have one over the period of this Implementation Plan. 4.7.3 Other Funding Programs Table 13 outlines other funding that may be available to the City and the Agency to further implement its Housing Production Plan. 37 .; RESOURCES FINANCIAL AVAILABLE Program Type Program Name Description Eligible Activities 1. Federal Community Annual grants awarded to 0 Acquisition Programs Development Block the City on a formula basis . Rehabilitation Grant (CDBG) for housing & community 0 Homebuyer assistance development activities. 0 Homeless assistance Administered by County. . Public services Section 8 Rental Rental assistance payments Rental assistance Assistance Program to owners of private market rate units on behalf of very low- income tenants. Administered by Housing Authority. Section 202 Grants to non -profit 0 Acquisition developers of supportive . Rehabilitation housing for the elderly. 0 New construction Administered by HUD. . Rental assistance • Support services 2. State California Housing CHFA sells tax exempt 0 Homebuyer Assistance Programs Finance Agency bonds for below market rate (CHFA) Home loans to first -time Mortgage Purchase homebuyers. Program Program operates through participating lenders who originate loans for CHFA purchase. California Housing Below market rate financing o New Construction Finance Agency offered to builders & . Rehabilitation (CHFA) Multiple Rental developers of multi - family 0 Acquisition Housing Programs and elderly rental housing. Tax exempt bonds provide below- market mortgage money. Low Income Housing Tax credits available to 0 New Construction Tax Credit (LIHTC) individuals & corporations 0 Rehabilitation that invest in low- income 0 Acquisition of properties from rental housing. Tax credits 20 to 150 units sold to people with high tax liability, & proceeds are used to create housing. 37 Resolution No. 2010 -223 Page 46 Aloorperrk Redevelopment Noject lmplcmcntcrtion Plcrn 2010-2014 38 FINANCIAL RESOURCIFS TABLE AVAILABLE Program Type Program Name Description Eligible Activities Multi - Family Housing Deferred payment loans for 0 New Construction Program (MHP) new construction, • Rehabilitation rehabilitation & preservation o Preservation of rental housing. Administered by HCD. 3.1-ocal /County Redevelopment 20 percent of Agency tax 0 New Construction Program Housing Set -Aside increment funds are set- . Rehabilitation Funds aside for affordable housing o Acquisition activities. Mortgage Credit Income tax credits available o Homebuyer Assistance Certificate (MCC) to first -time home buyers for Program the purchase of new or existing single - family housing. Local agencies make certificates available. Mortgage Revenue Bonds used to finance the New Construction Bond development of multi - family housing for lower- & moderate - income households. 4. Private Federal National Loan applicants apply to Homebuyer assistance Resources/ Mortgage Association participating lenders for the Rehabilitation Financing (Fannie Mae) following programs: fixed Programs rate mortgages issued by private mortgage insurers; mortgages which fund the purchase & rehabilitation of a home; low down- payment mortgages for single - family homes in underserved low - income & minority communities. California Community Non -profit mortgage 0 New Construction Reinvestment banking consortium 0 Rehabilitation Corporation (CCRC) designed to provide long 0 Acquisition term debt financing for affordable multi - family rental housing. Non -profit & for profit developers contact member banks. Federal Home Loan Direct subsidies to non- • New Construction Bank Affordable profit and for -profit Housing Program developers & public agencies for affordable low income ownership & rental projects Low Income Housing Non -profit lender offering Redevelopment costs Fund (LIHF) below market interest, short o Site acquisition term loans for affordable 0 Construction housing in both urban & 0 Rehabilitation rural areas. Eligible applicants include non- profits & government 38 Resolution No. 2010 -223 Page 47 110O17)at -k Recici•elolmment Pi -oicct lnw1ementcrtion Phin 2010 -2014 Program Type FINANCIAL RESOURCES Program Name TABLE AVAILABLE FOR HOUSING Description ACTIVITIES Eligible Activities a envies. Private Lenders The Community Vanes, depending on Reinvestment Act (CRA) individual program offered by requires certain regulated bank financial institutions to achieve goals for lending in low- & moderate - income neighborhoods. As a result, most of the larger private lenders offer one or more affordable housing programs, including first - time homebuyer, housing rehabilitation, or new construction assistance. 4.8 TEN YEAR INCLUSIONARY HOUSING REQUIREMENTS CCRL Section 33490(a) (2) (b) requires that the implementation plan provide certain 'Ten- Year" and "Life -of- the -Plan" housing production and inclusionary information. According to the Available Sites Inventory of the Housing Element, shown in Appendix C, the build -out potential of the Project Area allows for 1,305 new units. The inclusionary requirement for non - agency built housing is fifteen percent or 196 affordable units by 2030. Extrapolating evenly over the term of the General Plan, the ten year (2014) inclusionary housing requirement is 129 units. The Agency anticipates executing affordable housing covenants on 185 units by June 30, 2014. The Agency will meet its ten year inclusionary housing requirement. 4.9 CONSISTENCY WITH GENERAL PLAN CCRL Section 33413(b) (4) requires that each agency," as part of the implementation plan required by Section 33490, shall adopt a [Housing Production] plan" Section 33413 (b)(4) requires that "[t]he plan shall be consistent with the community's housing element." Additionally, "The plan shall be reviewed and, if necessary, be amended at least every five years in conjunction with either the housing element cycle or the plan implementation cycle." Chapter 9 of the State's General Plan Guidelines of 2003 (the "Guidelines ") states the California Attorney General has opined that "the term 'consistent with' is used interchangeably with 'conformity with. "' The general rule of consistency outlined in the Guidelines is that "[a]n action, program, or project is consistent with the general plan if, considering all its aspects, it will further the objectives and policies of the general plan and not obstruct their attainment." The following Goals and Policies are contained within the City's 2000 -2005 Housing Element, adopted on December 19, 2001, by Resolution No. 2001 -1923: 39 Resolution No. 2010 -223 Page 48 Moorhurk RL'dCVC1Oh17c')11 l'roiCL -1 linlVeineweiiion Phin 2010 -2014 Goal 1.0 Assure the quality, safety, and habitability of existing housing and the continued high quality of residential neighborhoods. Policy 1.1 Continue to monitor and enforce building and property maintenance code standards in residential neighborhoods. Policy 1.2 Continue to provide City public safety services, infrastructure maintenance, graffiti removal, and other public services to maintain the quality of the housing stock, neighborhoods, and the environment. Policy 1.3 Promote increased awareness among property owners and residents of the importance of property maintenance to long -term housing quality. Policy 1.4 Continue to promote the repair, revitalization, and rehabilitation of residential structures which have fallen into disrepair. Policy 1.5 Support the preservation and maintenance of historically and architecturally significant buildings and neighborhoods. Goal 2.0 Provide residential sites through land use, zoning and specific plan designations to provide a range of housing opportunities. Policy 2.1 Identify adequate sites which will be made available and zoned at the appropriate densities, to facilitate goals set forth in the 1998- 2005 RHNA. Policy 2.2 Ensure that residential sites have appropriate public services, facilities, circulation, and other needed infrastructure to support development. Policy 2.3 Investigate rezoning and re- designation of commercial lots that are no longer economically viable uses to appropriate residential uses. Policy 2.4 Promote and encourage mixed -use residential and commercial uses where appropriate as a means to facilitate development. Goal 3.0 Expand and protect housing opportunities for lower income households and special needs groups. Policy 3.1 Use public financial resources, to the extent feasible, to support the provision and production of housing for lower- income households and persons and families with special needs. Policy 3.2 Provide rental assistance to address existing housing problems and provide homeownership assistance to expand housing opportunities. Policy 3.3 Support the conservation of mobile home parks, historic neighborhoods, publicly- subsidized housing, and other sources of affordable housing. Policy 3.4 Require, in aggregate, 10% of new units to be affordable to lower - income households. Establish priority for usage of in -lieu fees as follows: 1St - production of affordable housing; 2 "d — subsidy of 40 Resolution No. 2010 -223 Page 49 .Floorhurk Redevelopment 1'r0jew Implementulion Plan 2010-2014. affordable housing; 3rd — housing rehabilitation; and 4"' — housing assistance. Goal 4.0 Where appropriate, mitigate unnecessary governmental constraints to the maintenance, improvement, and development of housing. Policy 4.1 Periodically, review City regulations, ordinances, fees /exactions to ensure they do not unduly constrain the production, maintenance, and improvement of housing. Policy 4.2 Offer regulatory incentives and concessions for affordable housing, such as relief from development standards, density bonuses, or fee waivers where deemed to be appropriate. Policy 4.3 Provide for streamlined, timely, and coordinated processing of residential projects to minimize holding costs and encourage housing production. Policy 4.4 Support infill development at suitable locations and provide, where appropriate, incentives to facilitate their development. Goal 5.0 Ensure fair and equal housing opportunities for all persons regardless of race, religion, sex, marital status, family type, ancestry, national origin, color, or other protected class. Policy 5.1 Provide fair housing services to residents and assure that residents are aware of their rights and responsibilities with respect to fair housing. Policy 5.2 Discourage discrimination in either the sale or rental of housing on the basis of state or federal protected classes. Policy 5.3 Implement appropriate action items identified in the Ventura County Analysis of Impediments to ensure fair and equal access to housing. In compliance with CCRL Section 33490, the Agency has developed, and included in Section 4 of this Implementation Plan, a goal statement and related objectives specific to the development and implementation of Agency sponsored affordable housing programs in the City. These goals are consistent with the goals contained in the City's 2000 - 2005 Housing Element. Inasmuch as, i) the Agency is working to provide affordable housing for all income levels and most specifically housing for persons of very low -, low -, and moderate - incomes; ii) the Agency is required to spend no less than 20 percent of all tax increment monies on affordable housing programs; and iii) the Agency has identified in this Implementation Plan those housing projects and programs and the number of dwelling units that it projects to develop, rehabilitate or assist development of; the Agency hereby determines that the housing goal included in this Implementation Plan and related objectives, ongoing activities, and housing production plan, as outlined in this Implementation Plan, are consistent with the housing element of the City's General Plan. 41 Resolution No. 2010 -223 Page 50 .W0 01 -I)ark Rc (levelolmient Prujeci Inr1�lc»�c��lution Plan 2010-2014 5.0 PL4NADM/N/STRA T /ON The Agency shall be responsible for administering the Implementation Plan and for monitoring redevelopment activities or programs undertaken pursuant to it. 5.1 PLAN REVIEW At least once within the five year Implementation Plan term, the Agency shall conduct a public hearing and hear testimony of all interested parties for the purpose of reviewing the adopted Redevelopment Plan, the Implementation Plan, and evaluating the progress of the Project. The public hearing shall be held no earlier than two years and no later than three years after the date of adoption of this Plan. Notice of public hearing to review the Redevelopment Plan and Implementation Plan shall be published pursuant to Section 6063 of the Government Code and posted in at least four permanent places within the Project Area for a period of at least three weeks. Publication and posting must be completed not less than ten days prior to the date set for hearing. 5.2 PLAN AMENDMENT Pursuant to CCRL 33490, the Implementation Plan may be amended from time to time after holding a public hearing. 5.3 FINANCIAL COMMITMENTS SUBJECT TO AVAILABLE FUNDS The Agency is authorized to utilize a wide variety of funding sources for implementing the Redevelopment Plan. Such funding sources include, but are not limited to, financial assistance from the City, State of California, federal government, property tax increment, interest income, Agency bonds secured by tax increment or other revenues or other legally available revenue source. Although the sources of revenue used by the Agency are generally deemed to be reliable from year to year, such funds are subject to legislative, program, or policy changes that could reduce the amount or the availability of the funding sources upon which the Agency relies. In addition, with regard to the Agency's primary revenue source, tax increment revenues, it must be noted that revenue flows are subject to diminution caused by events not controlled by the Agency, which reduce the taxable value of land or improvements in the Project Area. Moreover, the formulas governing the amount or percentage of tax increment revenues payable to the Agency may be subject to legislative changes that directly or indirectly reduce the tax increment revenues available to the Agency. Due to the above - described uncertainties in Agency funding, the projects described herein and the funding amounts estimated to be available are subject to modification, changes in priority, replacement with another project, or cancellation by the Agency. 5.4 REDEVELOPMENT PLAN CONTROLS If there is a conflict between the Implementation Plan and the Redevelopment Plan or any other City or Agency plan or policy, the Redevelopment Plan shall control. 42 Resolution No. 2010 -225 Page 51 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, Maureen Benson, Assistant Secretary of the Redevelopment Agency of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 2010 -223 was adopted by the Redevelopment Agency of the City of Moorpark at a regular meeting held on the 20th day of January, 2010, and that the same was adopted by the following vote: AYES: Agency Members Mikos, Pollock, Van Dam, and Chair Parvin NOES: None ABSENT: Agency Member Millhouse ABSTAIN: None WITNESS my hand and the official seal of said City this 16th day of June, 2010. Maureen Benson, Assistant Secretary (seal) * ESTA�131iF.� 1t wnFlC�t 18'1 es� ON 4/FO