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Resolution No. 2010 -223
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REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK
REGULAR MEETING AGENDA
WEDNESDAY, JANUARY 6, 2010
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. PUBLIC HEARING:
A. Consider Advertised January 6 2010 Public Hearing for Consideration of the
2010 -2014 Five Year Implementation Plan for the Moorpark Redevelopment
Project Area to the January 20, 2010 Agency Meeting. Staff
Recommendation: 1) Open the public hearing, accept public testimony, and
continue the open public hearing to January 20, 2010. (Staff: David Moe)
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 website at www.ci.mooraark.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 item must do so during the Public Hearing or
Presentations /Action/ Discussion portion of the Agenda for that item. Speaker cards must be received bythe City
Clerk for Public Comment prior to the beginning of the Public Comments portion of the meeting; for a
Presentation /Action /Discussion item, prior to the Chair's call for speaker cards for each Presentation /Action/
Discussion agenda item; and for a Public Hearing item, 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 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. Any questions concerning any
agenda item may be directed to the City Clerk's office at 517 -6223.
Redevelopment Agency Agenda
January 6, 2010
Page 2
6. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED)
A. Consider Minutes of Special Meeting of December 16, 2009. Staff
Recommendation: Approve the minutes.
B. Consider Minutes of Regular Meeting of December 16, 2009. Staff
Recommendation: Approve the minutes.
C. Consider Acceptance of Temporary Construction Easement from Essex
Portfolio L.P. for Construction of the Driveway to the Post Office. Staff
Recommendation: Authorize the Agency Secretary to accept and consent to
the recordation of the Easement. (Staff: David Moe)
7. 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)
8. 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 -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).
Redevelopment Agency Agenda
January 6, 2010
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,
January 6, 2010, at 7:00 p.m. in the Council Chambers of the Moorpark Community Center,
799 Moorpark Avenue, Moorpark, California, was posted on December 30, 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 30, 2009.
Maureen Benson, Assistant City Clerk
' _( ESTABLISHED
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CFO
OF
NOTICE OF CONTINUANCE OF OPEN PUBLIC HEARING
Duly noticed public hearing regarding:
Consider Advertised January 6, 2010 Public Hearing for
Consideration of the 2010 -2014 Five Year Implementation Plan for
the Moorpark Redevelopment Promect Area to the January 20, 2010
Agency Meeting
was held at a regular meeting on January 6, 2010, at which time the Redevelopment Agency Board
continued the open public hearing to a Regular Redevelopment Agency meeting to be held at 7:00
p.m. on January 20, 2010, in the Community Center located at 799 Moorpark Avenue, Moorpark,
California.
Dated: January 7, 2010.
Maureen Benson, Assistant Secretary
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss
CITY OF MOORPARK )
AFFIDAVIT OF POSTING
1, Maureen Benson, declare as follows:
That I am the Assistant Secretary of the Moorpark Redevelopment Agency and that a Notice of
Continuance of Open Public Hearing regarding:
Consider Advertised January 6, 2010 Public Hearing for
Consideration of the 2010 -2014 Five Year Implementation Plan for
the Moorpark Redevelopment Project Area to the January 20, 2010
Agency Meeting
continued from January 6, 2010, to January 20, 2010, was posted on January 7, 2010, at a
conspicuous location near the place of the meeting:
Moorpark Community Center
799 Moorpark Avenue
Moorpark, California
I declare under penalty of perjury that the foregoing is true and correct.
Executed on January 7, 2010.
Maureen Benson
Assistant Secretary
CITY OF MOORPARK, CALIFORNIA
Redevelopment Agency Meeting
ITEM 5.A.
ot
ACT ONI,
- r
BY: -'-w-T-5-FORPARK REDEVELOPMENT AGENCY
AGENDA REPORT
TO: Honorable Agency Board of Directors
FROM: David C. Moe II, Redevelopment Manager -PCrA LW)
DATE: December 28, 2009 (Agency Meeting of 1/6/10)
SUBJECT: Continue Advertised January 6, 2010 Public Hearing for
Consideration of the 2010 -2014 Five Year Implementation Plan for the
Moorpark Redevelopment Project Area to the January 20, 2010
Agency Meeting
BACKGROUND & DISCUSSION
In accordance with CCRL Section 33490(a)(1)(A), each agency that adopted a
redevelopment plan prior to December 31, 1993, is required to adopt an implementation
plan ( "Implementation Plan" or "Plan ") every five years for the term of the plan. Among
other requirements, implementation plans must describe: i) specific Agency goals and
objectives for the project areas; ii) anticipated programs and projects; iii) income
projections; and, iv) estimated expenditures to be made during the next five years. In
addition, an implementation plan shall provide explanation of how proposed goals and
objectives, programs, income, and expenditures will eliminate blight within a project
area, as well as implement the requirements of CCRL Sections 33334.2, 33334.4,
33334.6 and 33413 with respect to affordable housing requirements.
Staff is requesting a continuance of this item to January 20, 2010, to finalize the Plan.
FISCAL IMPACT
None.
STAFF RECOMMENDATION
Open the public hearing, accept public testimony, and continue the public hearing open
to January 20, 2010.
1
CITY OF MOORPAR en CALIFORNIA O NIA
Redevelopment Agency
of
ITEM 6.A.
ACTION:
ES OF THE SPECIAL MEETING OF THE
-- 111EHErEt7ELUPMENT AGENCY OF THE CITY OF MOORPARK
Moorpark, California
December 16, 2009
A Special Meeting of the Redevelopment Agency of the City of Moorpark was held on
December 16, 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 6:47 p.m.
2. ROLL CALL:
Agency /City Council: Agency Members Mikos, Millhouse, Pollock, Van
Dam, and Chair Parvin.
Staff Present: Steven Kueny, Executive Director; Joseph Montes,
General Counsel; Hugh Riley, Assistant Executive
Director; David Bobardt, Planning Director; David
Moe, Redevelopment Manager; and Deborah
Traffenstedt, Agency Secretary.
3. PUBLIC COMMENT:
None.
4. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
None.
5. CLOSED SESSION:
Mr. Kueny requested the Agency go into closed session for discussion of Item
5.C. on the agenda.
MOTION: Agency Member Millhouse moved and Agency Member Van Dam seconded
a motion to adjourn to closed session for discussion of Item 5.C. on the agenda. The
motion carried by unanimous voice vote. The time was 6:47 p.m.
C. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Pursuant to Government Code Section 54956.8)
Property: 192 High Street (APN 512 -0- 090 -100)
Agency Negotiator: Redevelopment Agency of the City of Moorpark -
Steven Kueny, Executive Director
Negotiating Parties: Aszkenazy Development, Inc.
Under Negotiation: Price and terms of sale
2
Minutes of the Redevelopment Agency
Moorpark California Pace 2 December 16, 2009
Present in closed session were Agency Members Mikos, Millhouse, Pollock, Van
Dam, and Chair Parvin; Steven Kueny, Executive Director; Joseph Montes,
General Counsel; Hugh Riley, Assistant Executive Director; David Bobardt,
Planning Director; David Moe, Redevelopment Manager; and Deborah
Traffenstedt, Agency Secretary.
The Agency reconvened into open session at 6:58 p.m. Mr. Kueny stated Item
S.C. was discussed and there was no action to report.
6. ADJOURNMENT:
Chair Parvin adjourned the Redevelopment Agency meeting at 6:58 p.m.
Janice S. Parvin, Chair
ATTEST:
Maureen Benson
Assistant Agency Secretary
3
CITY OF MOORPARK, CALIFORNIA
Redevelopment Agency Meeting
ITEM 6.13.
ACTION.
WTES nE 1w QEDEVELOPMENT AGENCY OF THE CITY OF MOORPARK
W.
Moorpark; -Ca offria- December 16, 2009
A Regular Meeting of the Redevelopment Agency of the City of Moorpark was held on
December 16, 2009, in the Community Center of said City located at 799 Moorpark
Avenue, Moorpark, California.
CALL TO ORDER:
Chair Parvin called the meeting to order at 7:32 p.m.
2. ROLL CALL:
Present: Agency Members Mikos, Millhouse, Pollock, Van Dam, and
Chair Parvin.
Staff Present: Steven Kueny, Executive Director; Joseph Montes, General
Counsel; Hugh Riley, Assistant Executive Director; David
Moe, Redevelopment Manager; and Deborah Traffenstedt,
Agency Secretary.
3. PUBLIC COMMENT:
None.
4. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
None.
5. PUBLIC HEARINGS:
A. Consider Resolutions Aporovinq _ Mitigated Negative Declaration and
Mitigation Monitoring and 'Reporting Program and Disposition and
Development Agreement Between the Redevelopment Agency of the City
of Moorpark and Aszkenga Development, Inc. Staff Recommendation: 1)
Adopt Resolution No. 2009 -221, approving Mitigated Negative
Declaration; 2) Adopt Resolution No. 2009 -222, approving Disposition and
Development Agreement, subject to approval of sale by City Council and
final language approval by the Executive Director and Agency Counsel;
and 3) Authorize the Chair to execute all documents necessary for this
transaction. ROLL CALL VOTE REQUIRED
Mr. Moe gave the staff report.
Chair Parvin opened the public hearing.
2
Minutes of the Redevelopment Agency
Moorpark, California Page 2 December 16, 2009
Ken Simons, a Moorpark resident spoke in favor of approving the
resolutions.
Colin Velazquez, a Moorpark business owner, spoke in support of the
project. In response to Mr. Velazquez's concerns regarding the lack of an
Environmental Impact Report (EIR) to protect historical landmarks, Mr.
Bobardt and Mr. Kueny clarified there will be an EIR with the General Plan
Update and with the new Civic /Community Center Master Plan.
Chair Parvin closed the public hearing.
Mr. Montes stated the late correspondence received concerning the traffic
impact analysis for the project would require the Mitigated Negative
Declaration and Monitoring and Reporting Program be amended to
include: "Developer must improve Moorpark Avenue on the south side of
the High Street intersection to provide one left -turn lane, one through lane,
and one right -turn lane in the northbound direction, including the
necessary feasibility studies, engineering, and design of the improvement,
to the satisfaction of the City of Moorpark and Caltrans." These changes
are to be completed prior to the Zoning Clearance for Occupancy.
MOTION: Agency Member Pollock moved and Agency Member Mikos seconded
a motion to: 1) Adopt Resolution No. 2009 -221, approving Mitigated Negative
Declaration and Monitoring and Reporting Program, as amended to include the
revised requirement for: "Developer must improve Moorpark Avenue, on the
south side of the High Street intersection to provide one left -turn lane, one
through lane, and one right -turn lane in the northbound direction, including the
necessary feasibility studies, engineering, and design of the improvement, to the
satisfaction of the City of Moorpark and Caltrans ", prior to the Zoning Clearance
for Occupancy; and 2) Adopt Resolution No. 2009 -222, approving Disposition
and Development Agreement, subject to approval of sale by City Council and
final language approval by the Executive Director and Agency Counsel; and 3)
Authorize the Chair to execute all documents necessary for this transaction. The
motion carried by unanimous roll call vote.
6. PRESENTATION /ACTION /DISCUSSION:
A. Consider Approving an Agreement with Urban Futures, Inc. for
Professional Consulting Services to Analyze the Feasibility of Adding Area
to the Redevelopment Project Area. Staff Recommendation: Authorize
the Executive Director to execute the Professional Services Agreement for
this transaction, subject to final language approval by the Executive
Director and Agency Counsel
Agency Member Mikos recused herself from participating in the discussion
of this item, as it is possible her residence might be near the project area
5
Minutes of the Redevelopment Agency
Moorpark California Page 3 December 16, 2009
once that area is determined. She was advised by Agency Counsel that
she did not have to leave the dais.
Mr. Moe gave the staff report.
There were no speakers.
MOTION: Agency Member Pollock moved and Agency Member Van Dam
seconded a motion to authorize the Executive Director to execute the
Professional Services Agreement with Urban Futures, Inc. to analyze the
feasibility of adding area to the Redevelopment Project area, subject to final
language approval by the Executive Director and Agency Counsel. The motion
carried by voice vote, 4 -0, Agency Member Mikos abstaining.
7. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED)
MOTION: Agency Member Van Dam moved and Agency Member Mikos seconded a
motion to approve the Consent Calendar. The motion carried by unanimous roll call
vote.
A. Consider Minutes of Special Meeting of November 4, 2009. (continued
from adjourned meeting of December 2, 2009) Staff Recommendation:
Approve the minutes.
B. Consider California Redevelopment Association (CRA) Request for
Financial Support for Legal Services. (continued from adjourned meeting
of December 2, 2009) Staff Recommendation: Provide financial support
in the amount of $335.00 to the CRA to assist with the suit against the
State of California.
C. Consider Authorizing the Executive Director to Send a Letter to the
County- Auditor Regarding Payment into the Supplemental Education
Revenue Augmentation Fund ( SERAF) for Fiscal Year 2009/10. Staff
Recommendation: Authorize the Executive Director to send a letter to the
Ventura County- Auditor advising them of the Agency's intention to pay
SERAF with redevelopment tax increment funds.
D. Consider the Annual Financial Report for the Fiscal Year Ended June 30,
2009 for the Moorpark Redevelopment Agencv. Staff Recommendation:
Accept the Annual Financial Report of the Moorpark Redevelopment
Agency and receive and file. ROLL CALL VOTE
8. CLOSED SESSION:
None was held.
D
Minutes of the Redevelopment Agency
Moorpark California Page 4 December 16, 2009
9. ADJOURNMENT:
Chair Parvin adjourned the meeting at 8:05 p.m.
Janice S. Parvin, Chair
ATTEST:
Maureen Benson, Assistant Agency Secretary
7
CITY OF MOORPARK, CALIFORNIA
Redevelopment Agency Meeting ITEM 6.C.
ACTION:
A0
MOORPARK REDEVELOPMENT AGENCY
AGENDA REPORT
TO: Honorable Agency Board of Directors
FROM: David C. Moe II, Redevelopment Manager
DATE: December 21, 2009 (Agency Meeting of 1/6/10)
SUBJECT: Consider Acceptance of Temporary Construction Easement From
Essex Portfolio, L.P. for Construction of the Driveway to the Post
Office
BACKGROUND & DISCUSSION
During the process of constructing the driveway to access the rear parking lot of the
new Post Office, Essex Portfolio, L.P. granted the Redevelopment Agency of the City of
Moorpark ( "Agency ") a temporary construction easement ( "Easement ") on their
adjoining property to allow the Agency to properly construct the driveway (see
Attachment A). Unfortunately, the Easement was not accepted by the Agency Board
and was not recorded with the Ventura County Recorder's Office. Therefore, the
Agency will need to take an "after the fact" action and accept the Easement. Staff will
record the Easement and copies will be mailed to Essex Portfolio, L.P.
FISCAL IMPACT
None.
STAFF RECOMMENDATIONS
Authorize the Agency Secretary to accept and consent to the recordation of the
Easement.
Attachment A: Right of Entry Agreement
RECORDED AT REQUEST OF:
REDEVELOPMENT AGENCY OF
THE CITY OF MOORPARK
WHEN RECORDED MAIL TO:
Agency Secretary /City Clerk
799 Moorpark Avenue
Moorpark, CA 93021
EXEMPT FROM RECORDER'S FEES
Pursuant to Government Code § 6103
Attachment A
(FOR RECORDER'S USE ONLY)
RIGHT OF ENTRY AGREEMENT
No Documentary Transfer Tax per Revenue and Taxation Code 11922
APN: 511 -0- 020 -225
Essex Portfolio, L.P., a limited partnership ( "Grantor") hereby grants permission to the Redevelopment
Agency of the City of Moorpark ( "Agency'), its agents and contractors, to enter upon that specific portion of
Grantor's property located at the westerly terminus of High Street, Moorpark, CA ( "Grantor's Land ") as
depicted in the attached Exhibit "A ", which is crosshatched and identified as `Temporary Construction
Easement ". This entry is authorized in conjunction with the Walnut Canyon Storm Drain project ('Project').
This Right of Entry is granted to the Agency and its agents and contractors specifically for purposes of
removal of an open storm drain box and reconstruction of a closed storm drain system, as generally shown
on the attached Exhibit t ".
Agency shall indemnify, defend, protect and hold Grantor harmless from and against any and all liability to,
or claim of, any person or entity, and all expenses incurred by Grantor in connection therewith, including,
without limitation, attorneys' fees and costs, which may result from Agency's entry upon Grantor's land for
the purposes authorized herein.
This Right of Entry shall commence thirty (30) days after issuance by Agency of a Notice of
Commencement of Construction, which shall be issued to Grantor by U.S. Mail, and shall automatically
terminate upon completion of construction, or six (6) months after the commencement of construction,
whichever occurs first. In any event, this permission shall terminate on or before December 31, 2010.
The undersigned warrant that they are the authorized signatory of the applicable entity for which they are
CADocuments and Settings\KForbes\Local SettingsUemporary Internet Files \OLK3 \RightofEntryAgreement
WalnutCanyonStormDrainV 2.doc
4
signing below and are authorized to execute and deliver this Right of Entry. This Agreement shall be
binding upon all successors and assigns of the parties hereto.
This Right of Entry is granted this day of March , 2009
GRANTOR:
ESSEX PORTFOLIO, L.P.
925 East Meadow Drive
Palo Alto, CA 94303
Attention: John D. Eudy
ESSEX PORTFOLIO, L.P., a California limited partnership
By: Essex Property Trust, Inc., a Maryland corporation, its general partner
By: —
Its: Ex cc y ry P V 1 C f pea Cart, rl V'd g3M0 *
ATTEST:
REDEVELOPMENT AGENCY OF THE
CITY OF MOORPARK
By:
Steven Kueny, Executive Director
By: Q S
Deborah S. Traffenstedt, Agen ecretary
* rW A IM t
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CADocuments and Settings\KForbes\Local Settings \Temporary Internet Files \OLK3 \RightofEntryAgreement
WalnutCanyon Storm Dra inV 2.doc
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ACKNOWLEDGMENT
State of California
County of Santa Clara
On April 17, 2009 before me, Elisa M Taylor, Notary Public
(insert name and title of the officer)
personally appeared John D. Eudy
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are
subscribed to the within instrument and acknowledged to me that he /she /they executed the same in
his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Seal
Signature 9 (Seal)
ELISA M. TAYLOR
Commission * 1818918 z
< Notary Public - California z
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