Loading...
HomeMy WebLinkAboutAG RPTS 2004 0218 RDA REG"( ESTABLISHED umm le. its? err OF µaa Resolution No. 2004 -137 MOORPARK REDEVELOPMENT AGENCY REGULAR MEETING AGENDA WEDNESDAY, FEBRUARY 18, 2004 7:00 P.M. Moorpark Community Center 799 Moorpark Avenue 1. CALL TO ORDER: 2. ROLL CALL: 3. PUBLIC COMMENT: 4. PRESENTATION /ACTION /DISCUSSION: 5. CONSENT CALENDAR: A. Consider Approval of Minutes of Regular Meeting of February 4, 2004. Staff Recommendation: Approve minutes. B. Consider Approval of a Petition and Waiver Requesting Formation of Assessment District AD04 -1 (Colmer /MRA - Tract 5307). Staff Recommendation: Authorize the Chair to sign the Petition and Waiver and direct staff to forward same to the City Council. (Staff: Kenneth Gilbert) C. Consider Request by Catholic Charities of Ventura Count to Sublease Space at the Moorpark Community Services Center and Food Pantry to the Moorpark Neighborhoods for Learning (NfL). Staff Recommendation: Approve the request by Catholic Charities to sublease space within the Moorpark Community Services Center and Food Pantry to the Moorpark Neighborhoods for Learning (NfL) conditioned on the lease income from this sublease be set aside by Catholic Charities for their capital campaign to build a separate, permanent Moorpark facility for the Moorpark Community Services Center and Food Pantry. (Staff: Julie C.T. Hernandez) Redevelopment Agency Agenda February 18, 2004 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) C. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) Mission Bell Plaza Phase II, LLC, a California limited partnership vs. Redevelopment Agency of the City of Moorpark (Case No. SCO28906) 7. ADJOURNMENT: Any member of e public may address the Agency during the Public Comments portion of e 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 II). CTTV OF MOOR, PARK, CALTFORNTA ITEM 5- A. Redevelopment Agenev Meeting of o?— aZ 00Z ACTION: OY; K -�o�.� S OF THE REDEVELOPMENT AGENCY Moorpark, California February 4, 2004 A Regular Meeting of the Redevelopment Agency of the City of Moorpark was held on February 4, 2004, 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 7:16 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; and Deborah Traffenstedt, Agency Secretary. 3. PUBLIC COMMENT: None. 4. PRESENTATION /ACTION /DISCUSSION: None. 5. CONSENT CALENDAR: MOTION: Agency Member Mikos moved and Agency Member Harper seconded a motion to adopt the Consent Calendar. The motion carried by unanimous vote. A. Consider Approval of Minutes of Special Meeting of January 21, 2004. Consider Approval of Minutes of Regular Meeting of January 21, 2004. Staff Recommendation: Approve minutes. 000001 Minutes of the Redevelopment Agency Moorpark, California Page 2 February 4, 2004 6. CLOSED SESSION: Mr. Kueny requested the Agency recess the meeting and reconvene into closed session for discussion of Item 6.C. at the conclusion of the City Council meeting. AT THIS POINT in the meeting, a recess was declared. The time was 7:17 p.m. The meeting reconvened at 11:46 p.m. MOTION: Agency Member Harper moved and Agency Member Millhouse seconded a motion to adjourn to closed session for discussion of Item 6.C. on the agenda. The motion carried by unanimous voice vote. C. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) Mission Bell Plaza Phase II, LLC, a California limited partnership vs. Redevelopment Agency of the City of Moorpark (Case No. SCO28906) Present in closed session were Agency Members Harper, Mikos, Millhouse, Parvin, and Chair Hunter; Steven Kueny, Executive Director; Joseph Montes, General Counsel; Hugh Riley, Assistant Executive Director; and Deborah Traffenstedt, Agency Secretary. The Agency reconvened into open session at 11:59 p.m. Mr. Kueny announced that Item 6.C. was discussed and that there was no action to report. 7. ADJOURNMENT: Chair Hunter adjourned the meeting at 11:59 p.m. Patrick Hunter, Chair ATTEST: Deborah S. Traffenstedt Agency Secretary 000002 ITEM S. B. CITY OF',MOORP,ARK, CALIFORNIA Redevelopment Agency Meeting of ACTIO -N: lit MOORPARK REDEVELOPMENT AGENCY AGENDA REPORT TO: The Honorable Chairman and Members of the Moorpark Redevelopment Agency FROM: Kenneth C. Gilbert Director of Public Works DATE: February 5, 2004 (Agency Meeting 2- 18 -04) SUBJECT: Consider Approval of a Petition and Waiver Requesting Formation of Assessment District AD04 -1 [Colorer / MRA - Tract 5307] DISCUSSION A. Tract 5307 [Colmer Development Company] The subject tract is located at the northeast corner of Los Angeles Avenue and Flory Avenue. The conditions of approval for that project required the developer to construct certain parkway landscaping along the Flory Avenue and Los Angeles Avenue perimeters of the Tract. Said conditions also require the developer to construct certain facilities to prevent polluted storm water run -off from reaching the City's storm drain system. B. Conditions of Approval Condition No. 17 of Resolution No. 2002 -1969 states that the developer shall provide for the establishment of an assessment district to fund City costs for maintaining the above mentioned parkway landscaping and drainage improvements. C. Proposition 218 The provisions of Proposition 218 require that any new assessment, or any increase to an existing assessment, must first be approved by a Mail Ballot provided to the owner(s) of the affected properties. An alternative procedure for forming assessment districts for new developments, is to have the developer(s) / property owner(s) sign a Petition and Waiver 1) requesting the formation of the assessment district, and 2) waiving all rights conferred by Proposition 218 with regard to Mail Ballots. Ad04 01_5307 petition MRA 000003 AD04 -01 [Tract 5307] February 5, 2004 Page 2 Petition and Waiver [MRA] D. Petition and Waiver & Engineer's Report: Colmer Development Colmer Development Company has signed a Petition and Waiver for the subject Tract and presented it to the City Council for acceptance. E. Petition and Waiver: Moorpark Redevelopment Agency In that a portion of the property within the subject Tract is owned by the Moorpark Redevelopment Agency [MRA], it is necessary for the MRA to also present a Petition and Waiver to the City Council. Said document is attached as Exhibit 1. The draft Engineer's Report for AD04 -01 for FY 2004/05 [Exhibit `A to the Petition] is included as part of the materials being submitted to the City Council for the Petition from Comer Development for the formation of this assessment district. F. Assessment Amount The assessment amount set forth in the Engineer's Report is summarized as follows: Description Landscaping ($) Drainage ($) Total ($) Total Annual Assessment 14,511.00 4,985.00 19,496.00 Total Annual Per Lot Assmnt [25 lots] 580.44 199.40 779.84 STAFF RECOMMENDATIONS Authorize the Chairman to sign the Petition and Waiver and direct staff to forward same to the City Council. Attachments: Ex. 1:Petition and Waiver [MRA] Ad04_01_5307_petition_MRA 0 0 0 00 4 PETITION AND WAIVER RE: FORMATION OF AN ASSESSMENT DISTRICT FOR TENTATIVE TRACT MAP 5307 (Colmer Development Company) TO: The Honorable City Council City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 RE: Establishment of a Landscape Maintenance Assessment District [District 181 for Tentative Tract Map No. 5307, located at the Corner of Los Angeles Avenue and Flory Avenue The undersigned is the record owner (the "Owner ") in fee simple of a portion of the real property identified below ("the Property"). The Property is located within the City of Moorpark ( "the City") and is the subject of an approved tentative map ( "the Tentative Map ") for Tract Map 5307 ( "the Tract "), prepared and submitted by the Owner. Pursuant to Condition Number 18 of City Council Resolution No. 2002 -1969, pertaining to the approval of the Tentative Map, the City has determined that certain improvements (the `'Improvements "), to be constructed by the Owner, are to be maintained by the City. Condition Number 17 of said Resolution states that, in such event, the Owner shall provide for the establishment of a new Landscape Maintenance Assessment District (the "District ") to fund City costs ( "City Maintenance Costs ") for the future maintenance of those Improvements. Therefore, the undersigned Owner hereby petitions the City Council of the City (the "City Council ") to form said District for the purpose of funding said City Maintenance Costs, at the expense of the undersigned and its successors -in- interest, including the future owners of the lots into which the Property is to be subdivided upon the recordation of the final map for the Tract. The undersigned Owner hereby waives, for itself and its successors -in- interest, all of the rights conferred upon the owners of real property under Article XIII D of the California Constitution and the implementing statute at Article 4.6 of Chapter 4 of Part 1 of Division 2 of Title 5 of the Government Code (commencing with Section 53750) (collectively "the Article "). The undersigned also waives, for itself and its successors -in- interest, all of the rights conferred upon the owners of real property under Chapter 2 of the Landscaping and Lighting Act of 1972 (commencing with Section 22500 of the Streets and Highways Code) ( "the Act "). In executing this Petition and Waiver, the undersigned understand(s), agrees) and acknowledge(s) that: I . The amount of the assessment chargeable to the entire District, the amount chargeable to each lot into which the Property is to be subdivided upon recordation of the final map for the Tract, the duration of the payments, the reason for the assessment and the basis upon which the amount of the assessment was calculated are set forth in the Engineer's Report for the District, which is attached hereto and made a part hereof as Exhibit "A ". 2. The amount chargeable to the District, as set forth in Exhibit "A ", does not exceed the reasonable cost of the special benefit conferred on the entire Property or Tract. AD04 -1 Jetition Waiver_5307_MRA 0001005 Petition and Waiver: Tentative Tract Map 5307 January 2004 ' The amount chargeable to each lot, as set forth in Exhibit "A ", does not exceed the reasonable cost of the proportional special benefit conferred on that lot. In executing this Petition and Waiver, the undersigns warrants and represents that: It has read the Article and has had an opportunity to have the Article, including the rights conferred by the Article that are being waived pursuant to this Petition and Waiver, explained to it by legal counsel of its choice; 2. It has read the Act and has had an opportunity to have the Act, including the rights conferred by the Act that are being waived pursuant to this Petition and Waiver, explained to it by legal counsel of its choice; It has read this Petition and Waiver, has had the opportunity to have the Petition and Waiver explained to it by legal counsel of its choice, knows and understands the rights that it is waiving by this Petition and Waiver, knows and understands the legal effects of the Petition and Waiver, and is not relying upon any representations by the City Council or any of the officers, employees, servants or agents of the City. The undersigned, or its agent, has submitted a check payable to the City in the amount of $5,000.00 ( "the Deposit ") to be used to pay the costs incurred by the City in 1) the development, processing and approval of this Petition and Waiver, 2) the development and approval of the Engineer's Report for the District (Exhibit `A'); and 3) other costs associated with the establishment of the District. The undersigned further agrees to pay, upon demand, any costs incurred by the City in excess of the Deposit. THIS PETITION AND WAIVER IS KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY EXECUTED this day of 12004 at , California. IIn The property that is subject to this Petition And Waiver and owned in part (not leased or optioned) by the above named owner(s) is that property subject of Tract No. 5307. [AP Nos. 512 -0 -121 -045; 512- 0 -121- 065] AD04 -1 Petition Waiver 5307 MRA Exhibit `A': Engineer's Report See Staff report for Petition and Waiver from Colmer Development Company 000007 ITEM S. G. CITY OFMOOR.PARK, CALIFORNIA Redevelopment Agency Meeting Of Cl? ACTION: a ....., . WG MOORPARK REDEVELOPMENT AGENCY AGENDA REPORT TO: Honorable Agency Board of Directors FROM: Julie C.T. Hernandez, Senior Management Analys . DATE: February 10, 2004 (MRA Meeting of 2/18/04) SUBJECT: Consider Request by Catholic Charities of Ventura County to Sublease Space at the Moorpark Community Services Center and Food Pantry to the Moorpark Neighborhoods for Learning (NfL) BACKGROUND Catholic Charities of Los Angeles- Ventura County Region was given a two year lease at $1 /year for Moorpark Redevelopment Agency -owned property on the corner of Fitch Avenue and Minor Street to erect a temporary modular building for the Moorpark Community Services Center and Food Pantry. The two -year lease will end as of April 16, 2005, and thereafter becomes a month - to -month tenancy. In addition, Catholic Charities was awarded a grant of $23,800 in Redevelopment funds to provide for much of the infrastructure and site improvements necessary to erect the temporary modular building. It is planned that at the end of the two -year lease, Catholic Charities will either have built a separate, permanent facility at that location for their use or will be a tenant of the Under - One -Roof social services building erected by the City. Catholic Charities has been approached by the Moorpark /Simi Valley Neighborhoods for Learning who requested that they be allowed to sublease a portion of the temporary modular building for use as their Moorpark office. The City has been a participant in the establishment of the Moorpark /Simi Valley Neighborhoods for Learning (NfL), and was successful in being awarded $1.5 million over three years for this school readiness program to be provided in Moorpark. Catholic Charities Sublease February 18, 2004 Page 2 Staff has been working with the Moorpark /Simi Valley NfL to locate office and classroom space within Moorpark's Downtown area to open a Family Resource Center; however, this search has been unsuccessful. This has hindered the NfL's ability to begin providing services in Moorpark. Catholic Charities is interested in subleasing 900 sq. ft. of space to the Moorpark NfL, and has stated that they would use the revenue from the sublease to offset an ongoing operating deficit for the operation of the Moorpark Community Service Center and Food Pantry. Their letter requesting approval to sublease is attached. DISCUSSION A review of the request by Catholic Charities on behalf of the Moorpark /Simi Valley NfL was conducted at the Budget and Finance Committee meeting of February 4, 2004. This review shows that Catholic Charities is able to make the 900 sq. ft. available to the Moorpark NfL's Family Resource Center. Additionally, the uses would be compatible and complementary. In addition, the long - planned Neighborhoods for Learning services would now be able to operate in Moorpark and offered to Moorpark children and families. The current lease between the Moorpark Redevelopment Agency and Catholic Charities allows for subletting with the written approval of the Executive Director of the Agency. The use of the lease revenue for ongoing operating expenses has also been reviewed. Based on the short timeframe given to the City by the County of Ventura for the construction of the Human Services Complex, and also due to the City's high priority on the Human Services project, the Budget and Finance Committee (Mayor Hunter and Councilmember Harper) is recommending approval of the sublease with the provision that the lease revenue be set aside by Catholic Charities for their capital campaign to build a separate, permanent Moorpark facility for the Moorpark Community Services Center and Food Pantry. At the February 4, 0000 09 Catholic Charities Sublease February 18, 2004 Page 3 2004, Budget and Finance Committee meeting, Robert Bagdazian, Executive Director, Catholic Charities of Ventura County, concurred with the designation of the lease income for future capital purposes. Although Catholic Charities of Ventura County has expressed an interest in building their own permanent facility as a part of the City's Human Services Complex, they are still deciding whether to commit to building a separate permanent facility or simply leasing space in the City's future Under One Roof facility. Therefore, they have yet to begin their capital campaign. In the event that Catholic Charities decides not to build a separate, permanent facility, they can request to be released from the lease income designation provision. STAFF RECOMMENDATION Approve the request by Catholic Charities to sublease space within the Moorpark Community Services Center and Food Pantry to the Moorpark Neighborhoods for Learning (NfL) conditioned on the lease income from this sublease be set aside by Catholic Charities for their capital campaign to build a separate, permanent Moorpark facility for the Moorpark Community Services Center and Food Pantry. Attachment: January 2, 2004 Letter from Catholic Charities 000010 ROBERT BAGDAZIAN, L.C.S. W REGIONAL DIRECTOR VENTURA COUNTY January 2, 2004 Julie Hernandez Senior Analyst City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 Dear Julie: I Cc Thol lC chmi -cIes VENTURA COUNTYREGION CARDINAL ROGER M. MAHONY ARCHBISHOP OF LOS ANGELES REV. MSGR. GREGORY A. COX. M.S.W. CHIEF EXECUTIVE OFFICER As I discussed with you, Steve Kueny and Hugh Riley during our meeting on December 16, Catholic Charities would like to accommodate the request of the Moorpark Neighborhood for Learning and rent to them the space they have requested. The space would include two offices and a larger classroom space. In addition they would have use of the staff room, rest room, hallway and area for copier /fax. The total space to be rented would be 900 sq. ft. at $1,400 a month. We would like this request to be on the agenda for the City Council's consideration at their January 27 meeting. Thank you for your assistance. Sincerely, Robert Bagdaziar Regional Director R%hftK 303 NO VENTURA AVE. • VENTURA, CA 93001 L"y (805) 643 -4594 • (FAX) 643 -4781 �M) 000011.