HomeMy WebLinkAboutAG RPTS 2009 1202 RDA ADJJ ESTABLIM
* MANN It Off
Resolution No. 2009 -221
OF
REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK
REGULAR MEETING AGENDA
WEDNESDAY, DECEMBER 2, 2009
7:00 P.M.
Moorpark Community Center 799 Moorpark Avenue
1. CALL TO ORDER:
2. ROLL CALL:
3. PUBLIC COMMENT:
4. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
5. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED)
A. Consider Minutes of Special Meeting of November 4. 2009. Staff
Recommendation: Approve the minutes.
B. Consider California Redevelopment Association (CRA) Request for Financial
Support for Legal Services. Staff Recommendation: Provide financial
support in the amount of $335.00 to the CRA to assist with the suit against
the State of California. (Staff: Hugh Riley)
All writings and documents provided to the majority of the Agency regarding all open - session agenda items are available for
public Inspection at the City Hall public counter located at 799 Moorpark Avenue during regular business hours. The agenda
packet for all regular Redevelopment Agency meetings is also available on the City's websfte at www.ci.mooroark.ca.us.
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 Rem 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 Comment prior to the beginning of the Public
Comments portion of the meeting; for a Presentation/ActiONDiscussion Rem, prior to the Chair's call for speaker cards for each
Presentation/Action/ Discussion agenda Rem; and for a Public Hearing Rem, prior to the opening of each Public Hearing, or
beginning of public testimony for a continued hearing. A limitation of three minutes shall be imposed upon each Public Comment
and Presentation/Action/Discussion Rem 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. Any questions concerning any agenda Rem may be directed to the City Clerk's office at
517 -6223.
Redevelopment Agency Agenda
December 2, 2009
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:
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 Division at (805) 517 48223. 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).
Redevelopment Agency Agenda
December 2, 2009
Page 3
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss
CITY OF MOORPARK )
AFFIDAVIT OF POSTING
I, Maureen Benson, declare as follows:
That I am the Assistant City Clerk of the City of Moorpark and that a notice for a Regular
Meeting of the Redevelopment Agency of the City of Moorpark to be held Wednesday,
December 2, 2009, at 7:00 p.m. in the Council Chambers of the Moorpark Community
Center, 799 Moorpark Avenue, Moorpark, California, was posted on November 25, 2009, 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 25, 2009.
Maureen Benson, Assistant City Clerk
—( ESTABLISHED
i wpm+ It wn
�Y of
NOTICE OF ADJOURNMENT
MOORPARK REDEVELOPMENT AGENCY MEETING
OF DECEMBER 2, 2009, 7:00 P.M.,
ADJOURNED TO DECEMBER 16,2009,7:00 P.M.
NOTICE IS HEREBY GIVEN that the Regular Meeting of the Redevelopment Agency of
the City of Moorpark scheduled for December 2, 2009, at 7:00 p.m, adjourned to
Wednesday, December 16, 2009, commencing at 7:00 p.m. Said meeting will convene in
the Community Center located at 799 Moorpark Avenue, Moorpark, California.
Dated: December 2, 2009.
Maureen Benson, Assistant City Clerk
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss
CITY OF MOORPARK )
AFFIDAVIT OF POSTING
NOTICE OF ADJOURNMENT
I, Maureen Benson, declare as follows:
That I am the Assistant City Clerk of the City of Moorpark and that a Regular Meeting of the
Redevelopment Agency of the City of Moorpark, to be held December 2, 2009, at 7:00 p.m.
was adjourned to December 16, 2009, at 7:00 p.m; and that a copy of said notice was
posted on December 2, 2009, 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 December 2, 2009.
Maureen Benson, Assistant City Clerk
CITY OF MOORPARK, CALIFORNIA
Redevelopment Agency Meeting
ITEM 5.A.
of - 1fA_ -A00�
7 --- ACTION: `lh�• :;� S OF THE SPECIAL MEETING OF THE
ENT AGENCY OF THE CITY OF MOORPARK
BY:
Moorpark, California November 4, 2009
A Special Meeting of the Redevelopment Agency of the City of Moorpark was held on
November 4, 2009 in the Community Center of said City located at 799 Moorpark
Avenue, Moorpark, California.
1. CALL TO ORDER:
Chair Parvin called the meeting to order at 6:49 p.m.
2. ROLL CALL:
Agency /City Council:
Absent:
Staff Present:
3.
4.
5.
PUBLIC COMMENT:
None.
Agency Members Mikos, Pollock, Van Dam, and
Chair Parvin.
Agency Member Millhouse.
Steven Kueny, Executive Director; Joseph Montes,
General Counsel; Hugh Riley, Assistant Executive
Director; David Moe, Redevelopment Manager; and
Deborah Traffenstedt, Agency Secretary.
REORDERING OF, AND ADDITIONS TO, THE AGENDA:
None.
CONSENT CALENDAR:
MOTION: Chair Parvin moved and Agency Member Van Dam seconded a motion to
approve the Consent Calendar. The motion carried by voice vote '4 -0, Agency Member
Millhouse absent.
A. Consider Minutes of Special Meeting of October 7, 2009. Staff
Recommendation: Approve the minutes.
B. Consider Minutes of Regular Meeting of October 7, 2009. Staff
Recommendation: Approve the minutes.
C. Consider Authorization of Recordation of the Notice of Completion for
Demolition of Structures at 1123 and 1063 Walnut Canyon Road, 661
1
Minutes of the Redevelopment Agency
Moorpark, California Page 2 November 4, 2009
Moorpark Avenue, and 450 Charles Streets and Release of Bonds in
Accordance with the Contract. Staff Recommendation: Authorize the
Agency Secretary to file the Notice of Completion with the Ventura County
Recorder and to release the project bonds as outlined in the agenda
report.
6. CLOSED SESSION:
Mr. Kueny requested the Agency go into closed session for discussion of Item
6.C. on the agenda.
MOTION: Agency Member Van Dam moved and Agency Member Mikos seconded a
motion to go into closed session for discussion of Item 6.C. on the agenda. The motion
carried by voice vote 4 -0, Agency Member Millhouse absent.
C. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Pursuant to Government Code Section 54956.8)
Property: 450 High Street (APN's: 512 -0- 082 -02 and 512 -0- 082 -03)
Agency Negotiator: Redevelopment Agency of the City of Moorpark -
Steven Kueny, Executive Director
Negotiating Parties: Jim Clark
Under Negotiation: Price and terms of sale
Present in closed session were Agency Members Mikos, Pollock, Van Dam, and
Mayor Parvin; Steven Kueny, Executive Director; Joseph Montes, General
Counsel; Hugh Riley, Assistant Executive Director; David Moe, Redevelopment
Manager; and Deborah Traffenstedt, Administrative Services Director /City Clerk.
The Agency reconvened into open session at 6:55 p.m. Mr. Kueny stated Item
6.C. was discussed and there was no action to report.
7. ADJOURNMENT:
Chair Parvin adjourned the Redevelopment Agency meeting at 6:55 P.M.
Janice S. Parvin, Chair
ATTEST:
Maureen Benson
Assistant Agency Secretary
VA
CITY OF MOORPARK, CALIFORNIA
Redevelopment Agency Meeting
of_ - A OD 9
ACTION:
ITEM 5.13.
U -/ 0
BY' BRPARK REDEVELOPMENT AGENCY
I_TC1 :U L71042a1A1
To:
Honorable Agency Board of Directors
From:
Hugh R. Riley, Assistant Executive Dire
Date:
November 13, 2009 (Agency Meeting of 12/02/09)
Subject: Consider California Redevelopment Association Request for
Financial Support for Legal Services
BACKGROUND & DISCUSSION
In March 2009, the Agency Board approved a contribution of $281.00 to the California
Redevelopment Association (CRA) to assist with legal expenses for the litigation filed on
behalf of all redevelopment agencies against the State of California for violation of the
Constitution when the legislature approved and the Governor signed AB 1389 taking
$350 million from redevelopment agencies (CRA v. Genest). Over 325 of CRA's agency
members paid their share of the more than $700,000 CRA incurred in legal expenses to
prevail in that first lawsuit.
With the recent passage of ABX4 -26, the State Legislature and the Governor are once
again attempting to balance the State's budget, with a massive takeaway of local
government funds, a large part of which includes the taking of tax increment funds from
Redevelopment Agencies. This time the hit to Redevelopment Agencies is $2.05 billion
dollars over the next two fiscal years. As with AB 1389, the California Redevelopment
Association will be filing a lawsuit on the same grounds as CRA v. Genest, that the take
of Redevelopment Funds violate state law and the California Constitution. CRA has
retained the same legal team that was successful in the first lawsuit and the suit has
been filed.
On September 2, 2009 the Agency Board Authorize the Redevelopment Agency of the
City of Moorpark to participate in the California Redevelopment Association's lawsuit
however the Agency was not among those selected as plaintiffs.
At their September 10 meeting, the CRA Board of Directors voted to ask agency
members for the legal defense funds needed for this effort. These funds will also be
used to increase communication with the press and our members about the lawsuit and
to keep the press informed about the repercussions the State's action will have on
redevelopment. The Moorpark Redevelopment Agency is being asked to contribute
$335.00. The amount is based on the total amount of tax increment the agency receives
annually.
3
Agency Chair and Board of Directors
December 2, 2009
Page 2
FISCAL IMPACT
The fiscal impact on the Agency's budget is minimal ($335.00) and can be absorbed in
the current budget.
STAFF RECOMMENDATION
Provide financial support in the amount of $335.00 to the CRA to assist with the suit
against the State of California.
Attachment: CRA letter dated 9/28/09
n
�y /
California Redevelopment Association
Redevelopment. Building Better Communities
September 28, 2009
Mr. Hugh Riley
Assistant Executive Director
City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021 -1136
Dear Mr. Hugh Riley:
RECEIVED
OCT 0 6
Asst. City Manager
Once again, CRA is preparing to wage a battle to prevent the State of California from raiding
redevelopment funds to balance the State budget, this time for $2.05 billion!
As you know, we won the court case brought by CRA and the Madera and Moreno Valley redevelopment
agencies against the State to prevent the unconstitutional taking of $350 million in redevelopment funds in
the last budget. Consequently, redevelopment agencies, including yours, did not have to make the ERAF
payments that were due on May 101 Ibis year. Over 325 of CRA's agency members paid their share of the
more than $700,000 CRA incurred in legal expenses to prevail in that first lawsuit.
We have retained the same legal team that was successful in our first lawsuit to protect your interests in the
second lawsuit, which will be filed in the next few weeks. After several years of successful efforts to defeat
or pass ballot initiatives and protect redevelopment funds from unconstitutional takings, CRA is not in a
position to absorb the cost of another lawsuit. We need your help. At their September 10 meeting, the CRA
Board of Directors voted to ask our agency members for the legal defense funds needed for this effort.
These funds will also be used to increase communication with the press and our members about the lawsuit
and to keep the press informed about the repercussions the State's action will have on redevelopment.
Enclosed is the invoice for your agency for this special fee. The amount is based on the total amount of tax
increment you receive annually. .
The CRA Board members continue to be committed to this fight, and they are counting on participation by
all agency members to defray the costs. We know that you face severe budgetary constraints and we are
doing all we can to protect your redevelopment funds now and into the future. We need your support in
order to continue our efforts.
If you have questions, call me at (916) 448 -8760. Thank you for your continuing support of CRA!
Sincerely,
John Xhirey
Executive Director
14 ATTACHMENT I
alga
5