HomeMy WebLinkAboutAG RPTS 2004 0407 RDA REGWA
AF Resolution No. 2004 -138
MOORPARK REDEVELOPMENT AGENCY
REGULAR MEETING AGENDA
WEDNESDAY, APRIL 7, 2004
7:00 P.M.
Moorpark Comamuzity Center 799 Moorpark Avenue
1. CALL TO ORDER:
2. ROLL CALL:
3. PUBLIC COMMENT:
4. PRESENTATION /ACTION /DISCUSSION:
A. Consider Sale or Lease of Approximately 5 Acre Remnant
5.
6.
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. (Staff: Hugh Riley)
CONSENT CALENDAR:
A. Consider Approval of Minutes of Regular Meeting of March
17, 2004.
Staff Recommendation: Approve minutes.
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)
lAU i 1 1 1 1. 1. E /.
Redevelopment Agency Agenda
April 7, 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 Phaee--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,
Director City Manager /Executive
Negotiating Parties: The Moorpark Redevelopment Agency and
Atreko, Inc.
Under Negotiation: Price and terms of payment
7. ADJOUR :
Y r o t is may all ess e
Agenda, unless it is a Public Hear geacy ring a sc onm�ea s port on o
wish to address the ins or a Presentation/ Action/Discussion item. Spears who
item must do so during the COIIe® $ Public Hearing or presentations /Action/ Discussion
Agenda for that item the Public Hearing or Presentations /Action /Discussion portion of the
prior to the Speaker cards must be received by the city Clerk for public Comments
Presentation / ActiOn Discuss n items lic Comments portion of the meeting and for
Presentation/Action/Discussion prior to the begiruifng of the first stem of the
be received prior to the portion of the Agenda. Speaker Cards for a Public Hear'
be imposed upon each a public beg�ng of the Public nearing. A limitation of three � must
eminent and Presentation /Action /Discussion it pteak��, shall
Written St to three to five minutes shall be imposed upon each public Hearing it speaker.
Written Statement Cards may be submitted is lieu of
and Presentation /Action /Discussion items. Copies of each orally o for even the
on file is the office of the City Clerk and are available for open Public Hearings
concerning any agenda item public review. any agenda are
may be directed to the City Clerk at (805) 51iew. questions
=a cempliaace with the Americans with Disabilities Act, if you seed special assistance to
review an agenda or participate in this meeting, 9nn1
contact the City Clerk's De uding auxiliary aids or services
available in a pernati at (805) 51T -6223. Upon request, the agenda can �be made
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the scheduledlm et modification or aceomsuodatioa should be made at least 48 request for
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Provide accessibility to the meeting (28 CPR 35.102 - 35.104; ADA Tittle ZZZ)). can be
ITEM . A •
CITY OF 1 ooRpARIi, CALTFORIA'IA
RedevXPInent Agency Meeting
Of - -- 64--'7 290+i
ACTION: aw&4&
MOORPARK REDEVELOPMENT AGENCY � 3 41-91-0,V
AGENDA REPORT By. �•.-s �^ z 'yn-�
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.
'il�rt
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
F4
1 It =1' . ,
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
ATTAC.FIVIE'I" -
MOORPARK REDEVELOPMENT AGENCY
AGENDA REPORT
TO: The Honorable Chair and Board of Directors
FROM: Hugh R. Riley, Assistant Executive Director
DATE: March 5, 2004 .(Agency Meetrig of March 17, 20 )
SUBJECT: 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 (A.PN 512-0- 150 -765) of property
located at'. the terminus of Fitch Avenue in the Spring road
Business Park.. The Paercel map containing the .pro property is
attached. The p' y
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 . bf 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.
I
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.RECONMIgDATION
Defer action until City Council approval of the final
conceptual design for the new Corporation Yard.
Attachments: Parcel Map
2
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CITY OF MOORPARK
Assessor's Map Bk.512 Pg. /5
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CITY OF' lOORPARK, CALIFORNNfA
Redevelopment Agency Meeting
of
ACTJO?W: __,e,-� , ... .
B`i:Gt.� MINUMINUTES OF THE REDEVELOPMENT AGENCY
Moorpark, California
ITEM , A
March 17, 2004
A Regular Meeting of the Redevelopment Agency of the City of
Moorpark was held on March 17, 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 :28 p.m.
2. ROLL CALL:
Present: Agency Members Harper, P , 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 Maureen
Benson, Deputy City Clerk.
3. PUBLIC COMMENT:
None.
4. PRESENTATION /ACTION /DISCUSSION:
A. Consider options for Sale or Lease of
A cre A proximately .5
Remnant Parcel Adjacent to New Public Works /Parks
Department Corporation Yard. Staff Recommendation:
Defer action until City Council approval of the final
conceptual design for the new Corporation Yard.
Mr. Riley gave the staff report.
In response to Agency Member Harper, Mr. Rile
identified the remnant parcel and the additional 1.06
acres on the site plan.
Steve Hull, a Moorpark resident and business owner of
Creative Wood Works, 387 Zachary Street, Moorpark,
stated his business is adjacent to the area in
question; he would like to discuss purchasing this
parcel near Fitch Avenue and construct a new building,
as his company has outgrown its current location; and
000007
Minutes of the Redevelopment Agency
Moor ark, California Page 2
March 17, 2004
in this way he can keep the business and the jobs his
business creates here in Moorpark.
In response to Chair Hunter, Mr. Riley stated the
Moorpark Redevelopment Agency owns this property; some
sort of solicitation or proposal process would need to
take place; a number of businesses and entities have
been seeking this type of property in this zone
classification over the years; and all proposals and
other uses should be considered.
In response to Chair Hunter, Mr. Montes stated the
Redevelopment Agency is free to enter into a land sale
transaction with a purchaser of its choice; this piece
of property is outside the project area and the
Redevelopment Agency source of funds used to acquire
the property should be verified prior to entering into
any negotiations.
In response to Chair Hunter, Mr. Gilbert stated the
final conceptual design for the Corporation Yard will
be coming to the 'City Council meeting of April 7,
2004.
Chair Hunter requested the source of funds used to
acquire this Redevelopment Agency property be included
at that time.
In response to Agency Member Millhouse
stated that in regard to a time frame, he would Hull be
more than happy to work with the City as he has been
looking for a new location in Moorpark for over six
years and would like to stay in this city.
In response to Agency Member Parvin,
he would be abandoning his current location Hull
in sfavord
of a new structure if the sale is approved.
In response to Mr. Hogan, Mr. Hull stated his
operation could fit within the parameters
maximum floor area ratio of °f the
could fit his business into he square 1 footage and
approximately 9,469 for this zone.
CONSENSUS: It was the consensus
item return of the Agency that this
on April 7, 2004, with a
report on the
legalities for possible sale of this property
Minutes of the Redevelopment Agency
Moorpark, California
Page 3 March 17
2004
5• CONSENT CALENDAR:
MOTION: Agency Member Millhouse moved and Agency Member Mikos
seconded a
motion to adopt the Consent Calendar with the
exception of Item 5.B., which was
consideration. The motion carried by unanimous call individual
A. Consider Ap roval of Minutes of Re ular Meeting of
March 3, 2004.
Staff Recommendation Approve minutes.
B. Consider Agreement for Consulting Services with Urban
Futures Inc., to Pre are the A enc
Year Implementation plan. g ,s 2005 -2009 Five -
Approve agreement Staff Recomm endation:
g with Urban Futures Inc. and
authorize the Executive Director to sign the agreement
and related documents. ROLL CALL VOTE REQUIRED
Agency Member Parvin stated she requested this item be
Pulled to correct the written dollar amount of the
Agreement, listed on stamped page 10 to correspond
with the figure amount of $14,750 at the
page in Item II. top of the
Staff concurred that this was a typographical error
and would be corrected.
MOTION: Agency Member Parvin moved and Agency
Harper seconded the motion to a g Y Member
Urban Futures Inc, approve
the agreement with
Director to sign the agreement and related documents. The
motion carried by unanimous roll call vote. The
�. CLOSED SESSION:
Mr. Kueny requested the Agency recess the
reconvene into closed session for discussion felt m 6aCd
at the conclusion of the City Council meeting.
AT THIS POINT in the meeting, a recess
was 7:39 p.m, The meeting reconvened at 9 :15 was declared. The time
p.m.
MOTION: Agency Member Harper moved and Agency g y Member Millhouse
seconded a motion to adjourn to closed session for discussion of
Minutes of the Redevelopment Agency
Moorpark, California
Pa e 4 March 17,
2004
Item 6.C. on the agenda. The motion carried b
vote. y unanimous voice
C. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Pursuant to Subdivision (a) of Section 54956.9
Government Code) of the
Mission Bell Plaza Phase II, LLC
partnership vs. Redevelopment Agency California limited
Moorpark (Case No. SCO28906) g enc y °f the City of
Present in closed session were Agency
Mikos, Millhouse, Parvin g y Members Harper,
Executive Director; Joseph and Chair Hunter; Steven Kueny,
Hugh Riley, Assistant Executive Director General Counsel; and
The Agency reconvened into open session at 9:25
Kueny announced that Item G.C. was discussed and that there
was no action to report.
7. ADJOURNMENT:
Chair Hunter adjourned the meeting at 9:25 p.m.
Patrick Hunter, Chair
ATTEST:
Deborah S. Traffenstedt
Agency Secretary