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HomeMy WebLinkAboutAG RPTS 1999 1201 RDA REGESTABLISM lmm lk tat i OF Resolution No. 99 -89 MOORPARK REDEVELOPMENT AGENCY REGULAR MEETING AGENDA WEDNESDAY, DECEMBER 1, 1999 6:30 P.M. Moorpark Community Center 799 Moorpark Avenue 1. CALL TO ORDER: 2. ROLL CALL: 3 . PUBLIC COb94ENT : 4. PRESENTATION /ACTION /DISCUSSION: A. Consider Resolution No. 99 -89 Authorizing the Agency Secretary to Accept and Consent to the Recordation of Deeds, Appointing the Assistant City Manager as the Agency's Assistant Executive Director, Amending the Regular Meeting Time, and Rescinding Resolution No. 93- 20. Staff Recommendation: Adopt Resolution No. 99 -89 which (1) authorizes the Agency Secretary to accept and consent to the recordation of deeds and or grants conveying any interest in or easement upon real property, (2) appoints the Assistant City Manager as Assistant Executive Director, and (3) modifies the regular Agency meeting time to 6:30 p.m., and (4) adopts amended Bylaws and rescinds Resolution No. 93 -20. S. CONSENT CALENDAR: A. Consider Approval of Minutes of Regular Redevelopment Agency Meeting of June 16, 1999. Consider Approval of Minutes of Adjourned Redevelopment Agencv Meetina of June 23, 1999. Staff Recommendation: Approve minutes as processed. 6. CLOSED SESSION: Redevelopment Agency Agenda December 1, 1999 Page 2 A. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Pursuant to Government Code Section 54956.8) Property: 798 Moorpark Avenue, Moorpark, CA 93021 Agency Negotiator: Steven Kueny, Executive Director Negotiating Parties: The Redevelopment Agency of the City of Moorpark and Laszlo B. Kovacs Under Negotiation: Price and terms of payment Property: 285 High Street, Moorpark, CA 93021 Agency Negotiator: Steven Kueny, Executive Director Negotiating Parties: The Redevelopment Agency of the City of Moorpark and Randall - Tracy Marsh Under Negotiation: Price and terms of payment Property: 555 Spring Road, Moorpark, CA 93021 Agency Negotiator: Steven Kueny, Executive Director Negotiating Parties: The Redevelopment Agency of the City of Moorpark and F. L. Pederson Testamentary Trust Under Negotiation: Price and Terms of payment Property: 297 High Street, Moorpark, CA 93021 Agency Negotiator: Steven Kueny, Executive Director Negotiating Parties: The Redevelopment Agency of the City of Moorpark and Randall - Tracy E. Marsh Under Negotiation: Price and terms of payment 7. ADJOURNMENT: --------------------------------------------------------------------------------- Any member of the public may address the Agency during the Public Comments portion of the Agenda, unless it is a Public Hearing or a Presentation /Action /Discussion item. Speakers who wish to address the Agency concerning a Public Hearing or Presentations /Action /Discussion item must do so during the Public Hearing or Presentations /Action /Discussion portion of the Agenda for that item. Speaker cards must be received by the City Clerk for Public Comments prior to the beginning of the Public Comments portion of the meeting and for Presentation /Action /Discussion items prior to the beginning of the first item of the Presentation /Action /Discussion portion of the Agenda. Speaker Cards for a Public Hearing must be received prior to the beginning of the Public Hearing. A limitation of three minutes shall be imposed upon each Public Comment and Presentation /Action /Discussion item speaker. A limitation of three to five minutes shall be imposed upon each Public Hearing item speaker. Written Statement Cards may be submitted in lieu of speaking orally for open Public Hearings and Presentation /Action /Discussion items. Copies of each item of business on the agenda are on file in the office of the City Clerk and are available for public review. Any questions concerning any agenda item may be directed to the City Clerk at 529 -6864. In compliance with the Americans with Disabilities Act, if you need assistance to participate in this meeting, please contact the City Clerk's Department at (805) 529 -6864. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (CFR 35.102 - 35.104 ADA Title II). STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss CITY OF MOORPARK AFFIDAVIT OF POSTING I, La-Dell VanDeren, declare as follows : That I am the Deputy City Clerk of the City of Moorpark and that a notice for a Regular meeting of the Moorpark Redevelopment Agency to be held December 1, 1999, at 6 : 30 p.m. in the Council Chambers of the Moorpark Community Center, 799 Moorpark Avenue, Moorpark, California, was posted on November 24, 1999, at a conspicuous place at the Moorpark Community Center, 799 Moorpark Avenue, Moorpark, California. I declare under penalty of perjury that the foregoing is true and correct . Executed on November 24 , 1999 . La-Dell VanDeren, Deputy City Clerk CITY OF MOORPARK, CALIFORNIA Redevelopment Agency Meeting or ACTION:ADDroih-d Y—*; BY:._,_. 4���LG� MOORPARK REDEVELOPMENT AGENCY AGENDA REPORT TO: Board of Directors FROM: Graham Mitchell, Senior Management Analyst c�,vv^ DATE: November 5, 1999 (CC Meeting of 12/1/99) SUBJECT: Consider Resolution No. 99- Authorizing the Agency Secretary to Accept and Consent to the Recordation of Deeds, Appointing the Assistant City Manager as the Agency's Assistant Executive Director, Amending the Regular Meeting Time, and Rescinding Resolution No. 93 -20. Background The Agency Board adopted Resolution No. 93 -20, which established amended Bylaws for the Redevelopment Agency. These Bylaws require three modifications and readoption. First, the Bylaws designate the City Clerk as the Agency Secretary; however, they do not grant the Secretary authority to accept deeds and grants of real property. Second, the Bylaws do not explicitly authorize the Assistant City Manager to serve as the Assistant Executive Director. Third, the Bylaws establish the regular meetings of the Agency as the first and third Wednesday of each month at 7:00 P.M. Discussion The Redevelopment Agency Bylaws designate the City Clerk as the Agency Secretary. The Bylaws do not grant the Agency Secretary the authority to accept and consent to the recordation of deeds or grants of real property on behalf of the Agency. As the City Clerk is authorized to accept deed on behalf of the City, there is also need for the Agency Secretary to be granted authority to accept deeds on behalf of the Agency. 000001 Board of Directors November 5, 1999 Page 2 The Bylaws do not specifically name the City's Assistant City Manager as the Agency Assistant Executive Director. It is necessary to modify the Bylaws so that the Assistant City Manager is expressly appointed as the Assistant Executive Director of the Redevelopment Agency. The Bylaws establish the regular meeting time of the Agency at 7:00 P.M. on the first and third Wednesday of each month. This time coincided with the Moorpark City Council regular meeting time. Subsequently, the Moorpark City Council changed its meeting time from 7:00 P.M. to 6:30 P.M. Consequently, it is necessary to amend the Bylaws to reflect a change in the established regular meeting time to 6:30 P.M. Staff Recommendation That the Agency Board adopt attached Resolution No. 99- which (1) authorizes the Agency Secretary to accept and consent to the recordation of deeds and or grants conveying any interest in or easement upon real property, (2) appoints the Assistant City Manager as Assistant Executive Director, and (3) modifies the regular Agency meeting time to 6:30 P.M., and (4) adopts amended Bylaws and rescinds Resolution No. 93 -20. Attachment: Resolution No. 99- 000002 RESOLUTION NO. 99- A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK, CALIFORNIA, AUTHORIZING THE AGENCY SECRETARY TO ACCEPT AND CONSENT TO THE RECORDATION OF DEEDS, APPOINTING THE ASSISTANT CITY MANAGER OF THE CITY OF MOORPARK AS THE ASSISTANT EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK, ESTABLISHING REVISED REGULAR MEETING TIMES AND ADOPTING AMENDED BY -LAWS OF SAID AGENCY AND RESCINDING RESOLUTION NO. 93 -20. WHEREAS, the Agency adopted Resolution No. 93 -20 which established the amended Bylaws for the Agency; and WHEREAS, Section 4 of Article II of the Bylaws appoints the City of Moorpark City Clerk as the Agency Secretary but does not grant the Secretary authority to accept and consent to deeds or grants of interest in real property offered to the Agency; and WHEREAS, it is in the public interest that the Secretary be granted authority to accept and consent to deeds or grants of real property offered to the Agency; and WHEREAS, it is in the public interest that the Assistant City Manager of the City of Moorpark be appointed as the Assistant Executive Director of the Agency; and WHEREAS, the regular Agency meeting which was established as the first and third Wednesday of each month at 7:00 P.M. should be now be established to be held the first and third Wednesday of each month at 6:30 P.M., unless otherwise posted by the Secretary. NOW, THEREFORE, the Redevelopment Agency of the City of Moorpark does hereby resolve as follows: SECTION 1. The Redevelopment Agency of the City of Moorpark does hereby establish the following Bylaws for said Agency: 000003 Resolution No. 99- Page 2 ARTICLE I - THE AGENCY 1. Name of Agency. The name of the Agency shall be the "Redevelopment Agency of the City of Moorpark ", in accordance with Ordinance No. 97. 2. Seal of Agency. form of a circle and shall year of its organization. 3. Office of Agency. the City Hall of the City other place in said City designate by resolution. Seal of the Agency shall be in the bear the name of the Agency and the The office the Agency shall be at of Moorpark, California, or at such as the Agency may from time -to -time ARTICLE II - OFFICERS 1. Officers. The officers of the Agency shall be a Chair, a Vice Chair, an Executive Director, an Assistant Executive Director, a Secretary, a Treasurer, and a General Counsel. 2. Chair. The Mayor of the City of Moorpark shall be the Chair of the Agency. The Chair shall preside at all meetings of the Agency. Except as otherwise authorized by resolution of the Agency, the Chair shall sign all contracts, deeds and other instruments made by the Agency. At each meeting the Chair shall submit such recommendations and information as the Chair may consider proper concerning the business affairs and policies of the Agency. 3. Vice Chair. The Mayor Pro Tempore shall be the Vice Chair of said Agency. The Vice Chair shall perform the duties of the Chair in the absence, incapacity, resignation or death of the Chair. 4. Secretary. The City Clerk shall act as the Secretary of the Agency. The Secretary shall keep the records of the Agency, shall act as Clerk for the meeting of the Agency and record all votes, and shall keep a record of the proceedings of the Agency in a journal of proceedings to be kept in such purposes and shall perform all duties incident to the office. 000004 Resolution No. 99- Page 3 The Secretary shall affix such seal to all contracts and instruments authorized to be executed by the Agency. The Secretary shall be an be authorized to accept and consent to the recordation of any deed or grant conveying any interest in or easement upon real property to said Agency that the Agency Board has approved. 5. Executive Director. The City Manager of said City shall act as the Executive Director of said Agency. The Executive Director shall have general supervision of the administration of its business affairs, subject to the direction of the Agency. 6. Assistant Executive Director. The Assistant City Manager of Director of perform the incapacity, said City said Agency. duties of resignation shall act at the Assistant Executive The Assistant Executive Director shall the Executive Director in the absence, or death of the Executive Director. 7. Treasurer. The Treasurer of said City shall act as the Treasurer of said Agency. The Treasurer shall have the care and custody of all funds of the Agency and shall deposit the same in the name of the Agency in such bank or banks as the Agency may select. The Treasurer shall sign all orders and checks for the payment of money and shall pay out and disburse such monies under the direction of the Agency. All the demands shall be presented and paid in substantially the same manner as other demands presented to and paid by the City. 8. General Counsel. The City Attorney of said City shall act as a legal advisor to the Agency and shall be known as the General Counsel, except that the Agency may employ Special Counsel to handle specialized legal work. Such Special Counsel shall cooperate with and report to the General Counsel. 9. Office Bonds. Officers who hold comparable bonded position with the City shall not be required to post additional bonds. A person not holding a comparable position with the City must post a bond in the same amount as the comparable City position. 10. Compensation. Compensation of said officers shall be determined by the Agency. 000005 Resolution No. 99- Page 4 11. Additional Personnel and Services. Pursuant to the authority granted by Section 33128 of the Health and Safety Code, all the remaining departments and officers of said City shall furnish to the Agency, upon the request of the Executive Director, and with the general consent of the Board of Directors of the Agency, services in connection with matters within the scope and normal activities of the particular department. ARTICLE III - MEETINGS 1. Rules of Procedure for Meetings. Except as otherwise provided in the Community Redevelopment Law, the Rule of Procedure for the City Council as set forth by resolution duly enacted by the City Council shall also apply to the Council acting as the Agency insofar, as the Rules can be made applicable. 2. Meeting Time and Place. The regular meeting for the Agency shall be held the first and third Wednesday of each month at 6:30 P.M., at the Moorpark Community Center located at 799 Moorpark Avenue, unless otherwise posted by the Agency Secretary. SECTION 2. The Secretary of the Agency shall certify to the adoption of this Resolution and record the same with the County Recorder of Ventura County. APPROVED AND ADOPTED this day of November 1999. Patrick Hunter, Chair ATTEST: Deborah S. Traffenstedt, Agency Secretary 000006