HomeMy WebLinkAboutAG RPTS 2004 0421 RDA REGJESTABLISHED
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Resolution No. 2004 -138
MOORPARK REDEVELOPMENT AGENCY
REGULAR MEETING AGENDA
WEDNESDAY, APRIL 21, 2004
7:00 P.M.
Moorpark Community Center 799 Moorpark Avenue
1.
2.
3.
4.
5.
CALL TO ORDER:
ROLL CALL:
PUBLIC COMMENT:
PRESENTATION /ACTION /DISCUSSION:
A. Consider Sale or Lease of Approximately .5 Acre Remnant
Parcel Adjacent to New Public Works /Parks Department
Corporation Yard. (continued from April 7, 2004) Staff
Recommendation: Obtain proposals from interested parties
in conformance with the provisions of Section 421 of the
Redevelopment Plan and Health and Safety Code Sections
33430 - 33449 for the disposition of the approximate .5
acre parcel. (Staff: Hugh Riley)
CONSENT CALENDAR:
A. Consider Approval of Minutes of Regular Meeting of April
7, 2004.
Staff Recommendation:
6. CLOSED SESSION:
A. CONFERENCE WITH LEGAL
Significant exposure t
(b) of Section 54956.9
cases to be discussed
Approve minutes.
COUNSEL - ANTICIPATED LITIGATION
o litigation pursuant to Subdivision
of the Government Code: (Number of
- 4)
Redevelopment Agency Agenda
April 21, 2004
Page 2
6. CLOSED SESSION: (continued)
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
(Pursuant to Subdivision (a) of Section 54956.9 of the
Government Code)
Mission Bell Plaza Phase II, LLC, a California limited
partnership vs. Redevelopment Agency of the City of
Moorpark (Case No. SCO28906)
D. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Pursuant to Government Code Section 54956.8)
Property: (APN 512 -0- 090 -105)
Agency Negotiator: Steven Kueny, City Manager /Executive
Director
Negotiating Parties: The Moorpark Redevelopment Agency and
Atreko, Inc.
Under Negotiation: Price and terms of payment
E. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Pursuant to Government Code Section 54956.8)
Property: A portion of APN 512 -0- 150 -765
Agency Negotiator: Steven Kueny, City Manager /Executive
Director
Negotiating Parties: The Moorpark Redevelopment Agency
and a party to be identified
Under Negotiation: Price and terms of sale
F. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Pursuant to Government Code Section 54956.8)
Property: (APN 512 -0- 081 -110)
Agency Negotiator: Steven Kueny, City Manager /Executive
Director
Negotiating Parties: Daly -Owens Group
Under Negotiation: Price and terms of payment
7. ADJOURNMENT:
Redevelopment Agency Agenda
April 21, 2004
Page 3
Any member of e public may address the -Agency during the Public Comments portion o t 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 ma 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).
EM !_ A -
CITY OF MOORPARK, CALIFORNIA
Redevelopment Agency Meeting
of
ACTION:
MOORPARK REDEVELOPMENT
AGENDA REPORT
TO: The Honorable Chair and Board of Directors
FROM: Hugh R. Riley, Assistant Executive Director"
DATE: April 9, 2004 (Agency Meeting of April 21, 2004)
SUBJECT: Sale or Lease of Approximately .5 Acre Remnant
Parcel Adjacent to New Public Works /Parks
Department Corporation Yard
BACKGROUND:
At the Agency's April 7, 2004, regular meeting, the Board
considered options for the sale or lease of an approximate .5
acre parcel located at the terminus of Fitch Avenue in the
Flinn Road Business Center acquired by the Agency as part of
a larger parcel intended for the development of a new Public
Works /Parks Department Corporation Yard. During the March 17
meeting, a private party expressed interest in acquiring the
property.
The Board approved two of three staff recommendations and:
1) Declared the approximate .5 acre parcel as surplus
property;
2) Directed staff to establish a fair market value for the
property and prepare a legal description and take other
actions necessary to create a separate parcel
The Board continued the item to its meeting of April 21, 2004
in order to consider whether to solicit competitive
development proposals from interested parties or to negotiate
a sale of the parcel. An appraisal update has been requested
and will be available by April 26, 2004.
00000-1
Moorpark Redevelopment Agency Agenda Report
March 30, 2004
Page 2
STAFF RECODMENDATION:
Obtain proposals from interested parties in conformance with
the provisions of Section 421 of the Redevelopment Plan and
Health and Safety Code Sections 33430 - 33449 for the
disposition of the approximate .5 acre Parcel.
Attachment: April 7, 2004 Agenda Report
2 000002
ATTACHMENT
MOORPARK REDEVELOPMENT AGENCY
AGENDA REPORT
TO :, The Honorable Chair and Board of Directors
FROM: Hugh R. Riley, Assistant Executive Director
DATE: March 30, 2004 (Agency.Meeting of April 7, 2004)
SUBJECT: Sale -or Lease "of Approximately .5 Acre Remnant
Parcel Adjacent to New Public Works /Parks
Department Corporation Yard
BACKGROUND:
At the Agency's March 17; 2004 regular meeting the Board
considered options for the sale or lease of an approximate .5
acre parcel - located „.at the terminus of Fitch Avenue in the
Flinn Road Business Center acquired by the agency as part of
a larger parcel intended for the development of a new Public
Works /Parks Department Corporation Yard. During the March 17
meeting, a private party expressed interest in acquiring the
property.
The Board continued the item and requested staff to determine
the source of funds used to acquire the property, whether the
property is in the project area and if the Agency is required
to obtain competitive proposals for the sale or long term
lease of the property.
DISCUSSION•
FUNDING SOURCE FOR ACQUISITION
On February 15, 2002 the Moorpark Redevelopment Agency
acquired the 4.19 Acre Parcel (APN 512 -0- 150 -765) of
property. The Agency used its Tax Increment funds to acquire
the property and paid closing costs for a total. expense of
$918,404. The property is, not within the Redevelopment
Project Area. However, its proximity to the project area
enabled the Agency to' determine that the public facilities
intended for the property's development would serve project
area residents and thus the purchase was in accordance with
the Redevelopment Plan and applicable law.
000003
Moorpark Redevelopment Agency Agenda Report
March 30, 2004
Page 2
During the time the Agency was in the process of acquiring
the property, staff was approached by a representative from
an interested party about purchasing a portion of the
property. This party was advised by staff that, after plans
were developed for the new corporation yard, if any part of
the property was not needed for the project, they would be
informed of its availability. That party has been advised
that the property may be available and they have said they
are still interested.
MARKET VALUE OF PROPERTY
As a general policy when considering the disposition of
property acquired by the Agency, a fair market value would be
established. The original property appraisal would be updated
to establish a value and the Agency would seek to recover all
of its costs in the event of a sale.
CONSTRAINTS TO SALE OR LEASE OF THE PROPERTY
Since Redevelopment Agency Tax Increment Funds were used to
acquire the property, the disposition of the property
acquired by the Agency in the project area is governed by the
adopted,Redevelopment Plan. Section 421 of the Plan provides
that the Agency.. "is authorized to sell, lease, exchange,
subdivide, assign, encumber or otherwise dispose of any
interest in real property in accordance with law.
To the extent permitted by law, the Agency is authorized to
dispose of real property by leases or sales by negotiation
without public bidding. "
The relevant provisions of State Law are found at Health and
Safety Code Sections 33430 33449. Those provisions
authorize disposition of real property by the Agency and
describe the process required for such disposition. The
Agency can dispose of the property via a bid process, in
which case the property would be sold to the highest bidder.
Alternatively, the Agency can select a buyer for the property
without a bid process. Such selection can be after issuance
of a request for- proposals, or after negotiations with an
identified purchaser. In any sale that does not include a
public bid process, the Agency is required to hold a public
hearing to consider the sale.
Additionally, pursuant to Health and. Safety Code section
33433, the Agency is required to prepare a report prior to
the public hearing for any property "sold or leased for
development pursuant to the redevelopment plan." The report
2
000004
Moorpark Redevelopment Agency Agenda Report
March 30, 2004
Page 3
details information concerning the cost paid for the
property, the proposed sale price, etc. That report would
also usually describe the restrictions to be placed upon the
property by the Redevelopment Plan, but given that this
property is outside of the Project Area, the Plan will not
restrict use of the Property.
In summary, the Agency has the option to negotiate the sale
of the subject property with or without obtaining competitive
proposals, although certain statutory procedures will have to
be followed including holding a public hearing.
STAFF RECOMMENDATION:
1) Declare the approximate .5 acre parcel as surplus
property;
2) Direct staff to establish a fair market value for the
property and prepare a legal description and take other
actions necessary to create a separate parcel;
3) Obtain proposals from interested parties in conformance
with the provisions of Section 421 of the Redevelopment
Plan and Health and Safety Code Sections 33430 - 33449
for the disposition of the approximate .5 acre Parcel.
Attachment: March 17, 2004 Agenda Report
3 000005
TO:
FROM:
DATE:
SUBJECT:
MOORPARK REDEVELOPMENT AGENCY
AGENDA REPORT
The Honorable Chair and Board of Directors
Hugh R. Riley, Assistant Executive Director
March 5, 200.4 (Agency Meeting of March 17, 20 }
Options for Sale or Lease of Approximately .5 Acre
Remnant Parcel Adjacent to New Public Works /Parks
Department Corporation Yard
BACKGROUND:
On February 15, 2002 the Moorpark Redevelopment Agency
acquired a 4.19 Acre Parcel (APN 512 -0- 150 -765) of property
located at. the terminus of Fitch .Avenue in the Spring Road
Business Park The. Paercel map containing the property. is
attached.. The property was acquired as a site for the City's
new Public Works /Parks Department Corporation Yard
( "Corporation Yard ").
Planning and Design for the new Corporation Yard has
progressed to the point where it appears that approximately
5 acre portion of the original site. will not be needed for
the project:, An additional 1.06 acre portion of the property
west of the _proposed: project: site is being recommended for
future expansion. and use by the city's contractors for
storage of materials and equipment.
The subject property is presently zoned Industrial Park,.M -1
and was acquired for $6.35 per square foot. 'The. property Is
currently located in a Zone B Flood Hazard Area,.however this
designation is subject to change pending the outcome of a
FEMA study now underway. The findings of that study might
impact the property and any sale would need to include the
appropriate disclosures.
rrrir.
Moorpark Redevelopment Agency Agenda Report
March 5_, 2004
Page 2
DISCUSSION:
At the time the property was recommended for acquisition,
staff suggested that the Agency /City could consider the sale
or lease of a portion of the site not needed for the
Corporate Yard for industrial development. This was intended
to occur after plans for the Corporate Yard were approved to
make sure sufficient land is available for that purpose. The
City Council is expected to consider a site plan for the
Corporation Yard either at its April .7 or 21 meeting'.
OPTIONS.FOR DISPOSITION OF PROPERTY
Options availabe to the Agency for the use of this property
include but are not limited to:
1. Negotiated sale of the property after soliciting
competitive proposals for its development under a Disposition
and Development Agreement (DDA). A sale to private developer
would place the property back on the tax rolls and its
assessed value wiould accrue to the Agency in tax increment.
2. Long term lease for development of the property with a
DDA after soliciting competitive proposals.
Under either option the City will need to .subdivide, the
property. The property is estimated to be valued at $8 to $10
per square foot.
Staff recommends that any final decision to dispose of the
property be delayed until City Council approval of final
conceptual design for the new Corporation Yard.
STAFF RECOhIIMENDATION
Defer action until City Council approval of the final
conceptual design for the new Corporation Yard.
Attachments: Parcel Map
2 0000017
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CITY OF MOORPARK 00008
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Assessor's Mop 8k.512 , Pgi5
P`M S. A.
Pee.evniw rae "t Agency ?meeting t
cif 'r76 a / - a o0
By: L'--)' 'lTNUI;?S OFD HE REDEVELOPMENT AGENCY
Moorpark, California
April 7, 2004
A Regular Meeting of the Redevelopment Agency of the City of
Moorpark was held on April 7, 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 7:47 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; Barry Hogan,
Community Development Director; and Deborah
Traffenstedt, Agency Secretary.
3. PUBLIC COMMENT:
None.
4. PRESENTATION /ACTION /DISCUSSION:
A. Consider Sale or Lease of Approximately .5 Acre
Remnant Parcel Adjacent to New Public Works /Parks
Department Corporation Yard. (continued from March
17, 2004) Staff Recommendation: 1) Declare the
approximate .5 acre parcel as surplus property; 2)
Direct staff to establish a fair market value for the
property and prepare a legal description and take
other actions necessary to create a separate parcel;
and 3) Obtain proposals from interested parties in
conformance with the provisions of Section 421 of the
Redevelopment Plan and Health and Safety Code Sections
33430 -33449 for the disposition of the approximate .5
acre parcel.
Mr. Riley gave the staff report.
In response to Agency Member Mikos, Mr. Riley stated
since the Agency acquired the property in question
individuals have indicated interest in the property;
Illii'
Minutes of the Redevelopment Agency
Moorpark, California Page 2 April 7, 2004
and he is recommending the Agency request competitive
proposals and proceed with this type of process.
Steve Hull, a Moorpark resident and business owner of
Creative Wood Works, 387 Zachary Street, Moorpark,
stated he is still very interested in the property for
a fair price and is willing to pay fair market value,
he has discussed square footage with a few architects
and feels he can fit his business within the space; in
this way he can keep the business here in Moorpark;
and he does not have a problem going through the
Competitive Bid Process to pay fair market value. Mr.
Hull also indicated he is able to complete his current
six month lease and then work with his current
landlord on a month -to -month basis during this
process.
In response to Agency Member Millhouse, Mr. Riley
stated he anticipates this Competitive Bid Process may
be done within six months depending on how smoothly
the process goes, as it is dependant on others. Mr.
Riley stated he plans to get a new appraisal and other
necessary paperwork processed including creation of a
parcel.
Mr. Montes stated that if the desire of the Board is a
Competitive Bid Process there is not a statutory
mandated process for staff to generate a reasonable
and sufficient response from more than one very
interested individual.
In response to Agency Member Mikos, Mr. Kueny stated
he does not recall previously sold Agency property
using a Competitive Bid Process.
In response to Agency Member Mikos, Mr. Montes,
advised there are a couple different processes one can
engage in. He mentioned a sealed bid process allowing
14 - 30 days for interested individuals to submit bids
then open all bids at same time; a sealed bid process,
but then allow auction procedure once bids have been
opened; or alternatively, request proposal and what
plans and /or use are in mind for the property enabling
Agency to consider best use and enhancement.
In response to Chair Hunter, Mr. Montes, advised the
Agency, with the assistance of staff, would establish
000010
Minutes of the Redevelopment Agency
Moorpark, California Page 3 April 7, 2004
the process, criteria, and ground rules as to what the
Agency wants submitted with the proposal.
Mr. Kueny added that the Agency has other options as
identified in staff recommended action No. 3 and gave
the example of how the Giesler Field property had been
divided and sold. Mr. Kueny recommended the Agency at
a minimum take action on staff recommended action Nos.
1 and 2 and reschedule No. 3 for April 21, 2004. The
Agency can also consider the disposition of the
property as a Closed Session item. He stated the goals
are to obtain fair market value, full cost recovery,
and consider number of jobs to be generated. He stated
that the other two parties that have expressed
interest would bring fewer jobs. Mr. Kueny stated he
anticipates the process to last 18 months prior to the
building being occupied, as a Disposition and
Development Agreement will need to be executed, the
Planned Development Permit process to complete, before
the start of construction.
Mr. Hull stated that he would like to build on the
property from scratch and believes his proposal will
be a good asset to the City of Moorpark.
Mr. Kueny stated that if the Agency entered into an
Agreement it would request a commitment from Mr. Hull
to complete the process and build by a certain time.
Mr. Hull stated he is willing to work with the Agency.
Chair Hunter stated he wants to move the process as
efficiently as possible and wants to know who the
successful bidder is within 60 - 90 days.
MOTION: Agency Member Millhouse moved and Agency Member
Parvin seconded a motion to approve recommended actions
Nos. 1 and 2 with action No. 3 to be placed on the April
21, 2004, Agency agenda in the event the Agency is ready to
act on matter. The motion carried by unanimous voice vote.
5. CONSENT CALENDAR:
MOTION: Agency Member Harper moved and Agency Member Parvin
seconded a motion to adopt the Consent Calendar. The motion
carried by unanimous roll call vote.
000011,
Minutes of the Redevelopment Agency
Moorpark, California Page 4 April 7, 2004
A. Consider Approval of Minutes of Regular Meeting of
March 17, 2004.
Staff Recommendation: Approve minutes.
6. CLOSED SESSION:
Mr. Kueny requested the Agency recess the meeting and
reconvene into closed session for discussion of Items 6.C.,
6.D., and 6.E. at the conclusion of the City Council
meeting.
AT THIS POINT in the meeting, a recess was declared. The time
was 8:03 p.m. The meeting reconvened at 10:32 p.m.
MOTION: Agency Member Harper moved and Agency Member Parvin
seconded a motion to adjourn to closed session for discussion of
Items 6.C., 6.D., and 6.E. on the agenda. The motion carried by
unanimous voice vote.
C. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Pursuant to Subdivision (a) of Section 54956.9 of the
Government Code)
Mission Bell Plaza Phase II, LLC, a California limited
partnership vs. Redevelopment Agency of the City of
Moorpark (Case No. SCO28906)
D. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Pursuant to Government Code Section 54956.8)
Property: (APN 511 -0- 080 -355)
Agency Negotiator: Steven Kueny, City
Manager /Executive Director
Negotiating Parties: The Moorpark Redevelopment Agency
and James R. Birkenshaw Et Al
Under Negotiation: Price and terms of payment
E. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Pursuant to Government Code Section 54956.8)
Property: (APN 512 -0- 090 -105)
Agency Negotiator: Steven Kueny, City
Manager /Executive Director
Negotiating Parties: The Moorpark Redevelopment Agency
and Atreko, Inc.
Under Negotiation: Price and terms of payment
Present in closed session were Agency Members Harper,
Mikos, Millhouse, Parvin, and Chair Hunter; Steven Kueny,
000012
Minutes of the Redevelopment Agency
Moorpark, California Paqe 5 April 7, 2004
Executive Director; Joseph Montes, General Counsel; Hugh
Riley, Assistant Executive Director; Barry Hogan, Community
Development Director; and Deborah Traffenstedt, Agency
Secretary.
The Agency reconvened into open session at 10:55 p.m. Mr.
Kueny announced that Items 6.C., 6.D., and 6.E. were
discussed and that there was no action to report.
7. ADJOURNMENT:
Chair Hunter adjourned the meeting at 10:55 p.m.
Patrick Hunter, Chair
ATTEST:
Deborah S. Traffenstedt
Agency Secretary
000013