HomeMy WebLinkAboutAGENDA REPORT 2011 0202 CC REG ITEM 10HMOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: David C. Moe II, Redevelopment Manager Qc-"�
DATE: January 27, 2011 (CC Meeting of 2/2/11)
ITEM 1=
,ity ; 00ncil Iv:eeting
aa��l
,,CTION:
-�aod- 3ood "-
�o
SUBJECT: Consider Resolution Approving and Authorizing Reimbursement
Agreement Between the Redevelopment Agency of the City of
Moorpark and the City of Moorpark for the Construction of the High
Street Streetscape Project, a Neighborhood Park located at 161
Second Street; Purchase of 161 Second Street and Accept Grant
Deed
BACKGROUND AND DISCUSSION
Staff is proposing the Redevelopment Agency of the City of Moorpark ( "Agency ")
finance the acquisition of 161 Second Street ( "Property"), construction of a 15,000
square foot neighborhood park and construction of the High Street Streetscape
Improvements ( "Streetscape "). The proposed park would be larger than Magnolia Park
and have similar amenities. The design of the park would not begin until the Property
has been acquired by the City of Moorpark. The Streetscape has already been
conceptually designed and is ready to process with construction drawings. The
proposed neighborhood park and Streetscape are collectively called "Public
Improvements ".
The Property is partially improved with a single family dwelling. The purchase price of
the Property is $520,000.00, which includes escrow related costs to this transaction.
The cost to remove the improvements is estimated at $10,000.00 and the cost to
relocate the tenants is estimated to be $30,000.00. The cost of a professional service
agreement to conduct the relocation would be approximately $20,000.00. Staff
anticipates the cost to construct the park with contingencies to be approximately
$420,000.00. The total cost to acquire the Property and construct the park is
$1,000,000.00 from the MRA 2006 Tax Allocation Bond Fund, which currently has
$2,500,000.00 available for projects.
The cost to construct the Streetscape as planned is approximately $5,000,000.00. Staff
is proposing to encumber $1,500,000.00 from the MRA 2006 Tax Allocation Bond Fund
319
Honorable City Council
February 2, 2011
Page 2
for the first phase and utilizing any net available tax increment to finance the remainder
of the project.
Attachment B is a reimbursement agreement between the Agency and the City of
Moorpark in the amount of $2,500,000.00. This agreement provides the City of
Moorpark with the needed funds to construct the Public Improvements consistent with
the City's Park Master Plan and Five Year Implementation Plan.
FISCAL IMPACT
The Agency will reimburse the City for the construction of the proposed Public
Improvements from the MRA 2006 Tax Allocation Bond Fund up to $2,500,000.00 for
park and phase one of street improvements and balance of street improvements from
future available tax increments.
STAFF RECOMMENDATION (ROLL CALL VOTE REQUIRED)
1. Adopt Resolution No. 2011 - ; and
2. Authorize the Mayor to execute the reimbursement agreement, subject to final
language approval by the City Manager and City Attorney.
Attachment "A" Resolution No. 2011 -
Attachment "B" Reimbursement Agreement
e.
Attachment A
RESOLUTION NO. 2011 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA APPROVING AND AUTHORIZING
EXECUTION OF A PUBLIC IMPROVEMENT REIMBURSEMENT
AGREEMENT BETWEEN THE CITY OF MOORPARK AND THE
REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK,
FOR THE CONSTRUCTION OF THE HIGH STREET
STREETSCAPE AND PURCHASE OF 161 SECOND STREET,
ACCEPTANCE OF GRANT DEED AND CONSTRUCTION OF A
NEIGHBORHOOD PARK
WHEREAS, the Redevelopment Agency of the City of Moorpark ( "Agency ") is
carrying out the Redevelopment Plan ( "Redevelopment Plan ") for the Moorpark
Redevelopment Project ( "Project "); and
WHEREAS, under the Redevelopment Plan, the City of Moorpark ( "City ") shall
aid and cooperate with the Agency in carrying out the Project, and shall take actions
necessary to ensure the fulfillment of the purposes of the Redevelopment Plan and to
eliminate and prevent the recurrence or spread of conditions causing blight within the
area of the Project ( "Project Area "); and
WHEREAS, pursuant to Section 33320 of the California Community
Redevelopment Law (Health and Safety Code Section 33000, et seq.) (the "CRL "), for
the purposes of aiding and cooperating in the planning, undertaking, construction or
operation of redevelopment projects within the Project Area, the City may, among other
things, exercise the following powers: sell or lease any of its property to the Agency;
cause public improvements to be furnished in connection with redevelopment projects;
plan or replan and zone or rezone any part of a redevelopment project; facilitate the
production and rehabilitation of affordable housing and enter into agreements with the
Agency respecting actions to be taken pursuant to any such powers; and
WHEREAS, pursuant to Section 33445(a) of the CRL, the Agency may, with the
consent of the City Council of the City of Moorpark ( "City Council "), pay all or part of the
value of the land for and the cost of the installation and construction of any buildings,
facilities, structures or other improvements which are publicly owned and located inside
or contiguous to a project area upon a determination by the City Council that such
building, facilities, structures or other improvements are of benefit to the project area by
helping to eliminate blight within the project area, that no other reasonable means of
financing the acquisition of the land or installation or construction of such buildings,
facilities, structures or other improvements that are publicly owned are available to the
community, that the payment of funds for the acquisition of the land or installation or
construction of the building, facilities, structure or other improvements that are publicly
owned is consistent with the implementation plan adopted by the Agency pursuant to
Section 33490 of the CRL; and
WHEREAS, pursuant to Section 33445(c) of the CRL, when the value of the land
or the cost of installation and construction of a building, facility, structure, or other
OAK #4846- 2970 -8552 v2
321
Honorable City Council
February 2, 2011
Page 2 of 3
improvement that is publicly owned, or both, has been, or will be, paid or provided for
initially by the City, the Agency may enter into a contract with the City under which the
Agency agrees to reimburse the City for all or part of the value of the land or all or a
part of the cost of the building, facility, structure or other improvement that is publicly
owned, or both, by periodic payments over a period of years; and
WHEREAS, the Agency will have a remaining balance of $2,500,000.00 in the
MRA 2006 Tax Allocation Bond Fund (2905) available for additional projects after the
construction of the Ruben Castro Human Services Center; and
WHEREAS, the Agency and City Council have prepared and wish to enter into a
Public Improvement Reimbursement Agreement ( "Agreement ") to provide for City's
construction of the High Street Streetscape and acquisition of property and construction
of a neighborhood park located at 161 Second Street ( "Public Improvements "), and
Agency's reimbursement of City for the costs of the Public Improvements; and
WHEREAS, a program Final Environmental Impact Report was prepared and
certified on the Redevelopment Plan ( "Final EIR ") in accordance with the California
Environmental Quality Act ( "CEQA "), which included analysis of the public
improvements on a programatic level; and
WHEREAS, at this time there are no preliminary drawings, plans or other
sufficient information to enable a meaningful environmental assessment of the specific
Public Improvement, therefore, the Agreement provides that commitment of funds to
and commencement of the specific projects set forth therein shall be subject to
completion of additional environmental review and analysis, as required by CEQA;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. The City Council hereby finds and determines that the provision of
the proposed Public Improvements are of benefit to the Project Area as they will help to
eliminate blight within the Project Area, that no other reasonable means of financing the
Public Improvements are available to the community; and that the payment of funds for
the Public Improvements are consistent with the Agency's Implementation Plan for the
Project adopted pursuant to Section 33490 of the CRL. These findings and
determinations are based upon the following facts:
a. The Public Improvements are located within the Project Area
and will assist in eliminating the blighting condition of
inadequate recreation facilities in the downtown
neighborhoods.
b. Although the City is able to aid and assist the Agency by
undertaking the Public Improvements and initially providing
the funds necessary for the acquisition of land or the
construction or installation of the Public Improvements, the
OAK #4846 -2970 -8552 v2
322
Honorable City Council
February 2, 2011
Page 3 of 3
City lacks the resources necessary to fund the Public
Improvements from the General Fund, and other potential
sources of funds are not available at this time.
C. The Implementation Plan for the Moorpark Redevelopment
Project contains 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, programs, and expenditures
will eliminate blight within the Project Area set forth in the
Community Redevelopment Law. The Public Improvement
is consistent with the Implementation Plan, as the goals and
programs provide funding for public facilities, such as
parking facilities, parks and recreation facilities, landscaping
and other amenities, which serve properties and people in
the Project Area.
Section 2. The City Council hereby approves the Public Improvement
Reimbursement Agreement and hereby authorizes and directs the Mayor to execute the
Agreement on behalf of the City, subject to any minor, technical or clarifying changes
that may be approved by the City Attorney. The City Council hereby further authorizes
and directs the City Manager to take all actions and execute all other documents as
necessary to carry out the Agreement and accomplish the Public Improvements as
provided for in the Agreement.
SECTION 3. The City Clerk shall accept and consent to the recordation of the
grant deed.
SECTION 4. The City Clerk shall certify to the adoption of this resolution and
shall cause a certified resolution to be filed in the book of original Resolutions.
PASSED AND ADOPTED this day of February, 2011.
Janice S. Parvin, Mayor
ATTEST:
Maureen Benson, City Clerk
OAK 64846 -2970 -8552 Q
323
Attachment B
PUBLIC IMPROVEMENT REIMBURSEMENT
AGREEMENT
THIS PUBLIC IMPROVEMENT REIMBURSEMENT AGREEMENT
( "Agreement') is entered into this day of , 2011, by and between the
CITY OF MOORPARK ( "City ") and the REDEVELOPMENT AGENCY OF THE CITY OF
MOORPARK ( "Agency "), with reference to the following facts:
A. Agency has prepared Redevelopment Plans ( "Redevelopment Plans ") for
the Moorpark Redevelopment Project Area ( "Project Area "), which result in the
allocation of property taxes from the Project Area to the Agency ( "Tax Increment')
pursuant to Section 33670(b) of the California Community Redevelopment Law
(Health & Safety Code Section 33000 et seq.) ( "CRL ") for purposes of redevelopment.
B. The intent of the Redevelopment Plan is, in part, to provide for the
construction and installation of necessary public infrastructure and facilities and to
facilitate the restoration and /or replacement of existing public facilities; to take all other
necessary actions to implement the Redevelopment Plan for the respective Project Area
and to expend Tax Increment to accomplish the goals and objectives of the respective
Redevelopment Plan.
C. The Agency has adopted a Five -Year Implementation Plan for the Project
Area ( "Implementation Plan ") establishing goals for elimination of blight, production of
affordable housing, construction of infrastructure and public improvements and
community and commercial revitalization. To implement the programs and activities
associated with each goal, the Agency has committed redevelopment funds from the
Project Area based on estimated available Tax Increment revenue and debt financing
structures. The Redevelopment Plan, the Implementation Plan and all official records of
the Agency, as amended from time to time, are incorporated herein by reference.
D. Pursuant to Section 33220 of the CRL, certain public bodies, including the
City, may aid and cooperate in the planning, undertaking, construction, or operation of
redevelopment projects. Agency desires assistance and cooperation of the City to carry
out the construction of the High Street Streetscape and acquisition of property and
construction of a neighborhood park located at 161 Second Street ( "Public
Improvements "). The programs and activities associated with the Public Improvements
include but are not limited to acquisition of property, development of design criteria,
design, planning, preparation of construction bid documents, financial analysis,
financing, project administration and new construction.
E. The City is willing to aid and cooperate with the Agency to expeditiously
implement the Public Improvements in accordance with the Redevelopment Plan and
Implementation Plan, on the condition that Agency pledge $2,500,000.00 of MRA 2006
Tax Allocation Bond Proceeds ( "TAB ") Fund (2905) and Net Available Tax Increment,
324
as defined in Recital F below, to finance the Public Improvements in this current fiscal
year and in fiscal year 2011/2012.
F. For purposes of this Agreement, "Net Available Tax Increment" means any
and all Tax Increment revenues, including (1) any and all Tax Increment funds currently
held by the Agency, which are not budgeted or appropriated for payment of other
indebtedness or obligations of the Agency; (2) any and all net proceeds of bonded
indebtedness currently or hereafter held by the Agency or any lawful successor of
Agency (except to the extent otherwise determined by the City Manager on behalf of the
City and the Executive Director on behalf of the Agency), to pay indebtedness of the
Agency after the Agency or its successor has made all necessary annual payments with
respect to other outstanding debt obligations of the Agency, including without limitation
bonded indebtedness, pass- through payments owed to affected taxing entities under
written agreement or Sections 33607.5 or 33607.7 of the CRL, written agreements with
other persons or entities, and any other statutorily required payment obligations of the
Agency; provided, however, with respect to those Projects that are not affordable
housing related, the Agency's pledge of Net Available Tax Increment shall only include
those Tax Increment revenues which Agency is not required pursuant to Section
33334.3 of the CRL, to deposit into the Agency's Low and Moderate Income Housing
Fund.
G. The City Council ( "Council ") and the Agency Board by resolution have
each found that the use of Agency's 2006 TAB and Net Available Tax Increment for the
publicly -owned improvements is in accordance with Section 33445 of the CRL and other
applicable law. Said Council and Agency resolutions are each based on the authority of
the Agency, with the consent of the Council, to pay all or part of the cost of the land and
the installation and construction of any facility, structure, or other improvements which
are publicly owned either inside or contiguous to a project area, if the Council makes
certain determinations.
H. By approving and entering into this Agreement, the Agency has approved
the pledge of 2006 TAB and Net Available Tax Increment from the Project Area to pay
for the Public Improvements. The obligations of the Agency under this Agreement shall
constitute an indebtedness of the Agency for the purpose of carrying out the
Redevelopment Plans for the Project Area and a pledge of 2006 TAB and Net Available
Tax Increment received by the Agency from the Project Area to pay such indebtedness
under the provisions of Article XVI, Section 16 of the Constitution of the State of
California, the CRL, and the Redevelopment Plans.
J. This Agreement is in addition to, and does not supersede any other
cooperative, repayment or reimbursement agreements entered into between the
Agency and the City.
325
NOW, THEREFORE, the parties hereto do mutually agree as follows:
1. INTRODUCTORY PROVISIONS
1.1 The recitals above are an integral part of this Agreement and set forth the
intentions of the parties and the premises on which the parties have decided to enter
into this Agreement and are incorporated into the terms and conditions of this
Agreement.
2. AGENCY'S OBLIGATIONS
2.1 The Agency agrees to pay to the City the amount of $2,500,000.00, or
such lesser amounts to the extent the costs incurred by City to carry out the Public
Improvements, to reimburse City for all costs incurred by the City in connection with the
Project, including without limitation all costs of planning, land acquisition, financing,
development, permitting, design, site testing, bidding, project administration,
construction and construction management. The Agency's obligations under this
Agreement, including without limitation the Agency's obligation to make the payments to
the City required hereunder, shall constitute an indebtedness of the Agency for the
purpose of carrying out the redevelopment of the Project Area and are obligations to
make payments authorized and incurred pursuant to Section 33445 and other
applicable statutes. The obligations of the Agency set forth in this Agreement are
contractual obligations that, if breached, will subject the Agency to damages and other
liabilities or remedies.
2.2 The obligations of Agency under this Agreement shall be payable out of
2006 TAB and Net Available Tax Increment, as defined in Recital F above allocated to
the Agency or any lawful successor of the Agency to carry out the Redevelopment
Plans and /or pay indebtedness of the Agency pursuant to Section 33670 et seq. of the
CRL, Article XVI, Section 16 of the Constitution of the State of California, and any other
applicable constitutional provision, statute or other provision of law now existing or
adopted in the future.
2.3 The indebtedness of Agency under this Agreement shall be subordinate to
the rights of the holder or holders of any outstanding bonds, notes or other instruments
of indebtedness (all referred to herein as "indebtedness ") of the Agency incurred or
issued to finance redevelopment of the Project Area, including without limitation any
pledge of 2006 TAB and Net Available Tax Increment revenues from the Project Area to
pay any portion of the principal and interest (and otherwise comply with the obligations
and covenants) of any bond or bonds heretofore issued or sold in the future by the
Agency with respect to the Project Area.
2.4 All payments due to be made by the Agency to the City under this
Agreement shall be made by the Agency and as otherwise necessary to reimburse the
City for the costs incurred by City in performing its obligations hereunder. City shall
provide Agency with a report from time to time as requested by Agency, accompanied
by evidence reasonably satisfactory to the Agency's Executive Director that the City's
progress in the development and construction of the Public Improvements for which
326
payment is requested is commensurate with the amount of the requested payment and
that City has incurred costs or obligations equal to or greater than the amount
requested.
3. CITY'S OBLIGATIONS
3.1 The City shall accept and devote any and all funds offered by the Agency
pursuant to this Agreement solely to completion of the Public Improvements by
(i) reimbursing the City's acccounts or using such funds to make City expenditures to
perform the work required to cant' out and complete the Public Improvements; (ii)
utilizing such funds to pay debt service on bonds or other indebtedness or obligations
that the City has or will incur for such purposes; and /or (iii) paying such funds into a
special fund of the City to be held and expended only for the purpose of satisfying the
obligations of the City hereunder.
3.2 It is the responsibility of City to pay all development and construction costs
in connection with the Public Improvements from funds paid to the City by the Agency
under this Agreement.
3.3 Prior to commencement of work on the Public Improvements, all
necessary environmental review required by CEQA shall be completed. This
Agreement in no way limits the discretion of the Planning Commission, the Agency
Board, or the City Council in completing environmental review of the Projects.
3.4 The City shall perform its obligations hereunder in accordance with the
applicable provisions of federal, state and local laws, and shall timely complete the work
required for the Project.
4. LIABILITY AND INDEMNIFICATION
4.1 In contemplation of the provisions of California Government Code Section
895.2 imposing certain tort liability jointly upon public entities solely by reason of such
entities being parties to an agreement as defined by Government Code Section 895, the
parties hereto, as between themselves, pursuant to the authorization contained in
Government Code Sections 895.4 and 895.6, shall each assume the full liability
imposed upon it, or any of its officers, agents or employees, by law for injury caused by
negligent or wrongful acts or omissions occurring in the performance of this Agreement
to the same extent that such liability would be imposed in the absence of Government
Code Section 895.2. To achieve the above - stated purpose, each party indemnifies,
defends and holds harmless the other party for any liability, losses, costs or expenses
that may be incurred by such other party solely by reason of Government Code Section
895.2.
5. DEFAULT
5.1 If either party fails to perform an obligation required by this Agreement
within thirty (30) calendar days of receiving written notice from the non - defaulting party,
the party failing to perform shall be in default hereunder. In the event of default, the
327
non - defaulting party will have all the rights and remedies available to it at law or in
equity to enforce the provisions of this Agreement, including without limitation the right
to sue for damages for breach of contract. The rights and remedies of the non -
defaulting party enumerated in this section are cumulative and shall not limit the non -
defaulting party's rights under any other provision of this Agreement, or otherwise waive
or deny any right or remedy, at law or in equity, existing as of the date of the Agreement
or hereinafter enacted or established, that may be available to the non - defaulting party
against the defaulting party. All notices of defaults shall clearly indicate a notice of
default under this Agreement.
6. MODIFICATION OF PUBLIC IMPROVEMENTS
6.1 The City and Agency may modify the Public Improvements from time to
time to provide for the use of additional federal, state and local funds; to account for
unexpected changes in available revenues; to modify or delete a particular project; to
maintain consistency with the City's General Plan or the Redevelopment Plans; or to
take into consideration unforeseen circumstances including circumstances that may
come to light as a result of subsequent CEQA review. Any such modifications shall be
in writing and subject to approval by the City Council and Agency Board.
7. TERMINATION OF AGREEMENT
7.1 This Agreement and the obligations of the City and Agency hereunder,
shall terminate upon the earlier of completion of the Projects by the City and Agency's
reimbursement of City's costs incurred in connection therewith, or December 30, 2016.
8. MISCELLANEOUS
8.1 This Agreement may be executed in multiple originals, each of which is
deemed to be an original.
8.2 This Agreement integrates all of the terms and conditions mentioned
herein or incidental hereto, and supersedes all negotiations or previous agreements
between the parties with respect to the subject matter of this Agreement.
8.3 This Agreement is intended solely for the benefit of the City and the
Agency. Notwithstanding any reference in this Agreement to persons or entities other
than the City and the Agency, there shall be no third party beneficiaries under this
Agreement.
8.4 All waivers of the provisions of this Agreement and all amendments to this
Agreement must be in writing and signed by the authorized representatives of the
parties.
8.5 If any term, provisions, covenant or condition of this Agreement is held by
a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of
the provisions shall continue in full force and effect.
8.6 This Agreement shall be binding on and shall inure to the benefit of all
successors and assigns of the parties, whether by agreement or operation of law.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
date first set forth above.
CITY OF MOORPARK
By:
Mayor
Attest:
City Clerk
REDEVELOPMENT AGENCY OF THE
CITY OF MOORPARK
in
Executive Director
Attest:
Agency Secretary
329
ITEM 11.A.
ORDINANCE NO. 397
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, AMENDING CHAPTERS 8.52,
STORMWATER QUALITY MANAGEMENT; 9.08, OFFENSES
AGAINST PUBLIC DECENCY; 9.16, OFFENSES INVOLVING
MINORS; 10.04, TRAFFIC CODE; 10.08, PRIVATE ROADS AND
PARKING FACILITIES; AND 10.20, SKATEBOARD, MOTORIZED
SKATEBOARD, SCOOTER, MOTORIZED SCOOTER, ROLLER
SKATE AND IN -LINE SKATE REGULATIONS; ADDING ARTICLE
VII IN CHAPTER 10.04, BUS ZONE LOCATION EXCEPTION;
DELETING 10.04.270, BUS ZONES; DELETING SECTION
10.04.340, VIOLATION — PENALTY; ADDING SECTION
10.04.360, BUS ZONES; AND ADDING SECTION 10.04.270,
PROCEDURES FOR PROCESSING PARKING VIOLATION
CITATIONS
WHEREAS, on August 23, 1996, the City Council adopted Ordinance Number
218 identifying Code Violations, Penalties and Enforcement (Code Violations) to be set
forth in Chapter 1.12 of the Code; and
WHEREAS, on October 11, 2006, the City Council adopted Ordinance Number
340 renumbering Code Violations to Chapter 1.10 and renaming Chapter 1.12 as
Nuisances; and
WHEREAS, not all Code sections referring to Chapter 1.12 Code Violations were
amended to refer to Chapter 1.10 at the time Ordinance Number 340 was adopted; and
WHEREAS, Section 10.04.340, Violation — Penalty, is duplicative of Section
10.04.030, Violation — Penalty; and
WHEREAS, Chapter 10.04 of the Code sets forth conditions under which parking
violation citations may be issued; and
WHEREAS, the City desires to establish consistent and appropriate references
throughout the Code; and amend section 10.04.270 in Chapter 10.04 to require written
procedures for processing parking violation citations consistent with Section 40215 of
the California Vehicle Code; and
WHEREAS, existing Section 10.04.270, Bus zones, erroneously appears in
Article III, Stopping, Standing and Parking, of Chapter 10.04, and City desires to add
Article VII, Bus Zone Location Exception to the Code to contain the language currently
found in existing Section 10.04.270 Bus zones which will be deleted; and
330
Ordinance No. 397
Page 2
WHEREAS, the City Council has determined the following with regard to
Chapters 8.52, 9.08, 9.16, 10.04, 10.08, and 10.20 of the Code:
The Code shall be amended: 1) to amend certain sections of the Code to refer to
Chapter 1.10 Code Violations instead of Chapter 1.12 Nuisances; 2) to amend Section
10.04.270 of the Code to address Procedures for processing parking violation citations,
in Chapter 10.04; 3) to add Article VII, Bus Zone Location Exception to Chapter 10.04 of
the Code; and 4) to add Section 10.04.360, Bus zones to Article VII of Chapter 10.04 in
the Code.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES ORDAIN AS FOLLOWS:
SECTION 1. Section 8.52.180 of the Moorpark Municipal Code is hereby
amended to read in its entirety as follows:
118.52.180 Violation - Penalty.
Any person who violates any provision of, or fails to comply with any requirement
of, this chapter is guilty of an infraction and, upon conviction thereof, shall be punished
in accordance with Chapter 1.10 of this code."
SECTION 2. Section 9.08.410 of the Moorpark Municipal Code is hereby
amended to read in its entirety as follows:
"9.08.410 Violation - Penalty.
Any person who violates any provision of, or fails to comply with any requirement
of, this chapter is guilty of an infraction and, upon conviction thereof, shall be punished
in accordance with Chapter 1.10 of this code."
SECTION 3. Section 9.16.020(f) of the Moorpark Municipal Code is hereby
amended to read in its entirety as follows:
119.16.020(F) Violation - Penalty.
Each and every violation of the provisions of subsections A, B, and C of this
section is a misdemeanor /infraction and is punishable by fine or imprisonment as
specified by Chapter 1.10 of this code."
SECTION 4. Section 10.04.030 of the Moorpark Municipal Code is hereby
amended to read in its entirety as follows:
331
Ordinance No. 397
Page 3
"10.04.030 Violation - Penalty.
Any person who violates any provision of, or fails to comply with any requirement
of, this chapter is guilty of an infraction and, upon conviction thereof, shall be punished
in accordance with Chapter 1.10 of this code."
SECTION 5. Section 10.04.340, Violation — Penalty, of the Moorpark
Municipal Code is hereby deleted in its entirety.
SECTION 6. Section 10.08.020 of the Moorpark Municipal Code is hereby
amended to read in its entirety as follows:
"10.08.020 Violation - Penalty.
Any person who violates any provision of, or fails to comply with any requirement
of, this chapter is guilty of an infraction and, upon conviction thereof, shall be punished
in accordance with Chapter 1.10 of this code."
SECTION 7. Section 10.20.040 of the Moorpark Municipal Code is hereby
amended to read in its entirety as follows:
"10.20.040 Violation - Penalty.
Any person who violates any provision of, or fails to comply with any requirement
of, this chapter is guilty of an infraction and, upon conviction thereof, shall be punished
in accordance with Chapter 1.10 of this code."
SECTION 8. Section 10.04.270 of the Moorpark Municipal Code is hereby
amended to read in its entirety as follows:
"10.04.270 Procedures for processing parking violation citations.
The city manager shall establish written procedures for processing parking
violation citations consistent with Section 40215 of the California Vehicle Code."
SECTION 9. Article VII, Bus Zone Location Exception, is hereby added to
Chapter 10.04 of the Moorpark Municipal Code and Section 10.04.360, Bus Zones, is
added to Article VII to read in its entirety as follows:
332
Ordinance No. 397
Page 4
"Article VII. Bus Zone Location Exception
10.04.360 Bus zones.
The city engineer is authorized to establish and locate bus zones within fifty (50)
feet of any intersection when such zones are found by him /her to be necessary and will
not cause a safety hazard."
SECTION 10. If any section, subsection, sentence, clause, phrase, part or
portion of this Ordinance is for any reason held to be invalid or unconstitutional by any
court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council declares that it would have
adopted this Ordinance and each section, subsection, sentence, clause, phrase, part or
portion thereof, irrespective of the fact that any one or more section, subsections,
sentences, clauses, phrases, parts or portions be declared invalid or unconstitutional.
SECTION 11. This Ordinance shall become effective within thirty (30 days of
its passage and adoption.
SECTION 12. The City Clerk shall certify to the passage and adoption of this
Ordinance; shall enter the same in the book of original ordinances of said City; shall
make a minute of the passage and the adoption thereof in the records of the
proceedings of the City Council at which the same is passed and adopted; and shall,
within fifteen (15) days after the passage and adoption thereof, cause the same to be
published once in the Ventura County Star a newspaper of general circulation, as
defined in Section 6008 of the Government Code, for the City of Moorpark, and which is
hereby designated for that purpose.
PASSED AND ADOPTED this 2nd day of February, 2011.
Janice S. Parvin, Mayor
ATTEST:
Maureen Benson, City Clerk
333