Loading...
HomeMy WebLinkAboutAG RPTS 2006 0301 RDA REGMgIVT JESTABLISHED MMM 11L its? IF OF r' M J� Resolution No. 2006 -158 MOORPARK REDEVELOPMENT AGENCY REGULAR MEETING AGENDA WEDNESDAY, MARCH 1, 2006 7:00 P.M. Moorpark Community Center 799 Moorpark Avenue 1. CALL TO ORDER: 2. ROLL CALL: 3. PUBLIC COMMENT: 4. PRESENTATION /ACTION /DISCUSSION: A. Consider Resolution Defining the Proposed Amendment No. 2 to the Redevelopment Plan for the Moorpark Redevelopment Project and Forwarding Copies to the Project Area Committee and Planning Commission for Their Review and Comments. Staff Recommendation: 1) Approve option three to define the Amendment and refer to PAC and Planning Commission for comment; and 2) Adopt Resolution No. 2006- . (Staff: David Moe) 5. CONSENT CALENDAR: ' A. Consider Approval of Minutes of Regular Meeting of February 15 2006. Staff Recommendation: Approve minutes. B. Consider Allowing the Executive Director the Authority to Purchase Real Property Less Than $1,000,000. Staff Recommendation: Grant the Executive Director the authority to acquire property up to $1,000,000 for redevelopment purposes. (Staff: David Moe) Redevelopment Agency Agenda March 1, 2006 Page 2 6. CLOSED SESSION: A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Subdivision (b) of Section 54956.9 of the Government Code: (Number of cases to be discussed - 4) B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to Subdivision (c) of Section 54956.9 of the Government Code: (Number of cases to be discussed - 4) 7. ADJOURNMENT: Any member of the public may address the Agency during the Public Comments portion of the Agenda, unless it is a Public Hearing or a Presentation /Action /Discussion item. Speakers who wish to address the Agency concerning a Public Hearing or Presentations /Action/ Discussion item must do so during the Public Hearing or Presentations /Action /Discussion portion of the Agenda for that item. Speaker cards must be received by the City Clerk for Public Comments prior to the beginning of the Public Comments portion of the meeting and for Presentation /Action /Discussion items prior to the beginning of the first item of the Presentation /Action /Discussion portion of the Agenda. Speaker Cards for a Public Hearing must be received prior to the beginning of the Public Hearing. A limitation of three minutes shall be imposed upon each Public Comment and Presentation/ Action /Discussion item speaker. A limitation of three to five minutes shall be imposed upon each Public Hearing item speaker. Written Statement Cards may be submitted in lieu of speaking orally for open Public Hearings and Presentation /Action /Discussion items. Copies of each item of business on the agenda are on file in the office of the City Clerk and are available for public review. Any questions concerning any agenda item may be directed to the City Clerk at (805) 517 -6223. In compliance with the Americans with Disabilities Act, if you need special assistance to review an agenda or participate in this meeting, including'auxiliary aids or services, please contact the City Clerk's Department at (805) 517 -6223. Upon request, the agenda can be made available in appropriate alternative formats to persons with a disability. Any request for disability - related modification or accommodation should be made at least 48 hours prior to the scheduled meeting to assist the City staff in assuring reasonable arrangements can be made to provide accessibility to the meeting (28 CFR 35.102 - 35.104; ADA Title ll). TO: FROM: DATE: 1'fEM H. A - IT Y OF MOORPARK, CALIFORNIA Redevelopment Agency Meeting MOORPARK REDEVELOPMENT AGEN �fTI AGENDA REPORT° o� -0.0_ yu. .ii pal& BY: ` Honorable Agency Board of Directors David C. Moe II, Redevelopment Manager �C, February 17, 2006 (Agency Meeting of March 1, 2006) SUBJECT: Consider Resolution Defining the Proposed Amendment No. 2 to the Redevelopment Plan for the Moorpark Redevelopment Project and Forwarding Copies to the Project Area Committee and Planning Commission for Their Review and Comments BACKGROUND On January 18, 2006, the Moorpark Redevelopment Agency ( "Agency ") and the City Council scheduled a Joint Public Hearing ( "Hearing ") to receive comment on the Amendment No. 2 ( "Amendment ") to the Redevelopment Plan ( "Plan ") for the Moorpark Redevelopment Project ( "Project Area "), for the purpose of reinstating the Agency's eminent domain authority for a maximum 12 -year period, as permitted by California Community Redevelopment Law (CCRL; Health and Safety Code Section 33000 et seq.). The Hearing was set for April 5, 2006 in the City Council Chambers, beginning at 7:00 p.m. or shortly thereafter. On January 19, 2006, the Project Area Committee ( "PAC ") held their third meeting to review the Amendment. At this meeting the PAC requested the Hearing be postponed for 90 days so they can have sufficient time to review the Amendment and make an informed recommendation to the City Council. After reviewing the PAC's request and the tight timeframe to provide the required public notification for the Hearing, it was determined that there was not sufficient time to address the PAC's request and meet the notification requirement. The Hearing has tentatively been rescheduled for July 19, 2006. DISCUSSION As part of the Amendment adoption process and pursuant to the provisions of the CCRL, the Agency shall forward copies of the proposed Amendment to the PAC and Planning Commission at least 30 days before the Hearing. However, before the Amendment can be referred, the extent of the Agency's eminent domain authority will need to be defined. Therefore, in order to move forward with the Hearing, the Agency will need to define the Amendment and refer it to the PAC and Planning u p-T OC IL Moorpark Redevelopment Agency March 1, 2006 Page 2 Commission for their review and comment. Staff has prepared three options for the Agency to define its eminent domain authority: OPTION ONE Option one is to reinstate the Agency's existing authority as defined in Ordinance 111. This option would allow the Agency to acquire commercial and industrial property by use of eminent domain, but would exclude property zoned residential and property zoned commercial and industrial that has an owner occupied residential structure (house) at the time Ordinance 111 was adopted (June 28, 1989). The number of properties zoned commercial and industrial that had an owner occupied structure (house) at the time Ordinance 111 was adopted has diminished. The number is less, because the original owners that occupied the residence have transferred the property to someone else or are currently renting the property to a tenant. Ordinance 111 excluded the original owners from Agency's eminent domain authority; not the property. Of the 43 owner occupied residences with commercial or industrial zoning only 5 properties are still excluded by Ordinance 111 from the Agency's eminent domain authority. OPTION TWO Option two is to have full eminent domain authority for the Agency. This option would allow the Agency to purchase, lease, obtain option upon or otherwise acquire any interest in real property located in the Project Area to eliminate blight. If this option is selected, the residents of Moorpark would need to approve it by a city wide election. The election could be held 127 days after the City Council calls for the election. This option would impact the 5 property owners protected by Ordinance 111 and all property zoned residential. OPTION THREE The third option is a hybrid of option one and two. Under this option the Agency would continue to have authority to acquire property zoned commercial and industrial through eminent domain, as provided by Ordinance 111, and have limited authority to acquire residentially zoned property. The Agency would have the ability to acquire residential property with a density of 14 dwelling units per acre or higher; any residential property, not occupied by the original owner since June 28, 1989, in a certain geographic area called the "Focus Area" (Attachment 1); and any vacant residentially zoned property throughout the Project Area, provided the property has been vacant since June 28, 1989. Option three is the preferred option. This option would provided the Agency with the ability to acquire large multi family developments with a density of 14 dwelling units ()C;CIII; I C 2 Moorpark Redevelopment Agency March 1, 2006 Page 3 per acre or higher and would exclude small multi family and single family units, with the exception of the Focus Area for unrestricted eminent domain authority. The ability to use eminent domain in the Focus Area is critical to eliminating blight in the Project Area. This area needs public infrastructure improvements, is poorly designed, and contains some of the worst housing conditions in the city. The only method to successfully improve the quality of life for the residents in this area is through redevelopment; not having the ability to utilize eminent domain in this area will be an impediment to the revitalization effort. In the Focus Area, there are approximately 23 owners that have resided on the property since 1989. These properties would be excluded from the Agency's eminent domain authority. However, this does not exclude them from utilizing redevelopment assistance such as a rehabilitation loan to improve their property. The Agency would also be able to acquire vacant residential property throughout the Project Area, provided the property has been vacant since June 28, 1989. This would be an excellent tool to eliminate blighting influences in residential areas and provide additional opportunities to provide affordable housing in the community. The intent of the proposed language is to serve as a starting point for the PAC and Planning Commission to review the Amendment and base their comments and recommendation to the City Council. The final decision on the Agency's eminent domain authority will be made by the City Council at the Hearing. RECOMMENDATION: 1) Approve option three to define the Amendment and refer to PAC and Planning Commission for comment. 2) Adopt Resolution No. 2006 - Attachment I Map of Proposed Focus Area Attachment II Resolution (JoeOf 3 i ITS4 . `1:�:T: IIINIro :, •• T, 17 Mal acre ATTACHMENT II RESOLUTION NO. 2006- A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK, CALIFORNIA, DEFINING THE PROPOSED AMENDMENT NO. 2 TO THE REDEVELOPMENT PLAN FOR THE MOOPARK REDEVELOPMENT PROJECTAND FORWARDING COPIES TO THE PROJECT AREA COMMITTEE AND PLANNING COMMISSION FOR THEIR REVIEW AND COMMENTS WHEREAS, the Redevelopment Agency of the City of Moorpark ( "Agency ") is preparing the proposed Amendment No. 2 ( "Amendment ") to the Redevelopment Plan ( "Plan ") for the Moorpark Redevelopment Project ( "Project "), in accordance with the California Community Redevelopment Law (CCRL; Health and Safety Code Section 33000 et seq.) and the related Negative Declaration of Environmental Impact ( "Negative Declaration ") therefore; and WHEREAS, the sole purpose for the Amendment is to reinstate the Agency's eminent domain authority for an additional 12 -year period in the Project Area, as permitted by the CCRL, which may, subject to voter approval, include authority to acquire property not limited to specific land uses; and WHEREAS, the CCRL requires a "Joint Public Hearing" of the Agency and the City Council of the City of Moorpark ( "City Council "), publication and transmittal of notice of same and to have any interested persons be heard with respect to the Amendment, the Negative Declaration therefore and related matters; and WHEREAS, the Agency and City Council have consented to an April 5, 2006 Joint Public Hearing to review and take comment on the Amendment; and WHEREAS, the Joint Public Hearing was postponed 90 days at the request of the Project Area Committee; and WHEREAS, the extent of the Agency's eminent domain authority has not been defined thus far in the Amendment; and WHEREAS, the Project Area Committee and Planning Commission shall have an opportunity to commit on the Amendment, in accordance with CCRL. NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The Agency has defined the Amendment and refers it to the Project Area Committee and Planning Commission for their review and comment. 00t,el:5 SECTION 2. The Agency Secretary shall certify to the adoption of this resolution and shall cause a certified resolution to be fled in the book of original resolutions. PASSED AND ADOPTED this 1 st day of March, 2006. Patrick Hunter, Chair SECTION 2. The Agency Secretary ghall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this 1St day of March, 2006. Patrick Hunter, Chair ATTEST: Deborah S. Traffenstedt, Agency Secretary 0000( 6 s t *f 01- 6V OORIPARK, CALIFORNIA Redevelopment Agency Meeting ITEM S.A. ACTION MINUTES OF THE REDEVELOPMENT AGENCY b.'.'_. ;, - - atifernua -- February 15, 2006 A Regular Meeting of the Redevelopment Agency of the City of Moorpark was held on February 15, 2006, in the Community Center of said City located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Chair Hunter called the meeting to order at 7:22 p.m. 2. ROLL CALL: Present: Agency Members Harper, Mikos, Millhouse, Parvin, and Chair Hunter. Staff Present: Steven Kueny, Executive Director; Joseph Montes, General Counsel; Hugh Riley, Assistant Executive Director; Johnny Ea, Finance Director; David Moe, Redevelopment Manager; and Deborah Traffenstedt, Agency Secretary. 3. PUBLIC COMMENT: None. 4. PRESENTATION /ACTION /DISCUSSION: A. Consider Resolution Establishing an Interim Rental Fee Schedule for the Theater on High Street. Staff Recommendation: 1) Approve Theater Rental Fee Schedule; and 2) Adopt Resolution No. 2006 -156. Mr. Moe gave the staff report. In response to Chair Hunter, Ms. Traffenstedt stated there were no speakers. MOTION: Agency Member Mikos moved and Agency Member Harper seconded a motion to approve the Theater Rental Fee Schedule and to adopt Resolution No. 2006 -156. The motion carried by unanimous voice vote. 5. CONSENT CALENDAR: MOTION: Agency Member Mikos moved and Agency Member Parvin seconded a motion to approve the Consent Calendar. The motion carried by unanimous roll call vote. 00000f Minutes of the Redevelopment Agency Moorpark California Page 2 February 15, 2006 A. Consider Approval of Minutes of Special Meeting of January 18, 2006. Staff Recommendation: Approve minutes. B. Consider Approval of Minutes of Regular Meeting of January 18, 2006. Staff Recommendation: Approve minutes. C. Consider Resolution Authorizing Mid -Year Amendments to the Fiscal Year 2005/06 Budget. Staff Recommendation: Adopt Resolution No. 2006- 157. ROLL CALL VOTE REQUIRED 6. CLOSED SESSION: None was held. 7. ADJOURNMENT: MOTION: Agency Member Parvin moved and Agency Member Harper seconded a motion to adjourn the meeting of the Moorpark Redevelopment Agency. The motion carried by unanimous voice vote. The time was 7:25 p.m. Patrick Hunter, Chair ATTEST: Deborah S. Traffenstedt Agency Secretary 1111,� sr ,( tit- MOORPARK, CALIFORNIA p c,O velopirent Agency Meeting ACTION TTEM S.B. MOORPARK REDEVELOPMENT AGENCY AGENDA REPORT To: Honorable Agency Board of Directors / From: David C. Moe II, Redevelopment Manager Date: February 21, 2006 (Agency Meeting of 311106) Subject: Consider Allowing the Executive Director to Have the Authority to Purchase Real Property less than $1,000,000 DISCUSSION With the fast paced real estate market, it is difficult for the Agency to make an offer to purchase property in a timely manner. Typically, it takes the Agency approximately 2 -4 weeks to prepare a written offer. The process includes researching the property, asking for authorization to purchase the property from the Agency Board of Directors ( "Board "), and submitting the written offer to the seller. By the time the Agency makes the offer, the seller is already entertaining one or multiple offers. A streamlined process is needed to help the Agency become more effective in the real estate market. It is suggested the Board provide the Executive Director with the authority to purchase property priced less than $1,000,000. Granting this authority would allow the Agency to generate a written offer within 2 -3 days instead of 2-4 weeks. The $1,000,000 ceiling is high enough to endure several years of property appreciation and would allow the purchase of properties desired for redevelopment purposes. Any proposed purchase over $1,000,000 would still need to be approved by the Board prior to submitting an offer. The Board will still have the ultimate approval of the purchase. One of the conditions of the offer letter would be for Board approval of the purchase. This could be done at any Agency meeting prior to the closing of escrow. If the Board decides not to purchase the property, one of the conditions of the escrow would not be satisfied and the escrow would be terminated at no cost to the Agency. STAFF RECOMMENDATION Grant the Executive Director the authority to acquire property up to $1,000,000 for redevelopment purposes. 000009