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Resolution No. 2010 -225
OF
REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK
REGULAR MEETING AGENDA
WEDNESDAY, MAY 19, 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. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED)
A. Consider Minutes of Regular Meeting of April 21, 2010 Staff
Recommendation: Approve the minutes.
B. Consider Report on Impact of May 4 2010 Court Decision Upholding
Assembly Bill (AB) 26 4X. Staff Recommendation: Receive and file report.
(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 website 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 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 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
May 19, 2010
Page 2
5. CONSENT CALENDAR: (continued)
C. Consider Conveying Grant Deed for Fee Simple Title to 609 Fitch Avenue
LAPN 512 -0- 171 -245) to the City of Moorpark. Staff Recommendation:
Authorize the conveyance of grant deed for fee simple title of Parcel D of the
property at 609 Fitch Avenue to the City of Moorpark. (Staff: David Moe)
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 -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 11).
Redevelopment Agency Agenda
May 19, 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, May
19, 2010, at 7:00 p.m. in the Council Chambers of the Moorpark Community Center, 799
Moorpark Avenue, Moorpark, California, was posted on May 14, 2010, 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 May 14, 2010.
Maureen Benson, Assistant City Clerk
cl-tY OF MOORPARK, CALIFORNIA
Redevelopment Agency Meeting
.�t _ -1g - 2, o ► ITEM 5.A.
ACTION.
nF TyF - DEVELOPMENT AGENCY OF THE CITY OF MOORPARK
BY:
ril 21, 2010
A Regular Meeting of the Redevelopment Agency of the City of Moorpark was held on
April 21, 2010, 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 7:48 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; Deborah Traffenstedt,
Agency Secretary; and Maureen Benson, Assistant Agency
Secretary.
3. PUBLIC COMMENT:
None.
4. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
None.
5. PRESENTATION /ACTION /DISCUSSION:
A. Consider Progress Report on Two -Year Action Plan for the High Street
Arts Center. Staff Recommendation: Receive and file the report.
Mr. Riley gave the staff report.
There were no speakers.
MOTION: Agency Member Pollock moved and Agency Member Millhouse
seconded a motion to receive and file the report. The motion carried by
unanimous voice vote.
1
Minutes of the Redevelopment Agency
Moorpark, California Page 2 April 21, 2010
6. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED)
MOTION: Agency Member Mikos moved and Agency Member Millhouse seconded a
motion to approve the Consent Calendar. The motion carried by unanimous roll call
vote.
A. Consider Minutes of Special Meeting of March 17, 2010. Staff
Recommendation: Approve the minutes.
B. Consider Minutes of Regular Meeting of March 17, 2010. Staff
Recommendation: Approve the minutes.
C. Consider Authorization for Recordation of the Notice of Completion for
Demolition of Structures at Former Caltrans Yard (APN 506 -0- 050 -080)
and Release of Bonds in Accordance with the Contract. Staff
Recommendation: Authorize the Agency Secretary to file the Notice of
Completion, and release the project bonds as outlined in the agenda
report.
7. CLOSED SESSION:
None was held.
8. ADJOURNMENT:
Chair Parvin adjourned the meeting at 7:59 p.m.
Janice S. Parvin, Chair
ATTEST:
Maureen Benson
Assistant Agency Secretary
2
CITY OF MOORPARK, CALIFORNIA
Redevelopment Agency Meeting ITEM 5.13.
of — 1 9 — — ,OI O
ACTION:
MOORPARK REDEVELOPMENT AGENCY
AGENDA REPORT
To: Honorable Agency Board of Directors
From: Hugh R. Riley, Assistant Executive Direc
Date: May 12, 2010 (MRA Mtg. of May 19, 2010)
Subject: Consider Report on Impact of May 4, 2010 Court Decision
Upholding AB 26 4X
BACKGROUND
Last fall the California Redevelopment Association (CRA) and two local
redevelopment agencies filed a lawsuit on behalf of most of the Redevelopment
Agencies in California attempting to declare the State's budget actions taking
more than 2 billion dollars from local redevelopment agencies to use for state
obligations to schools unconstitutional. On May 4, Sacramento Superior Court
Judge Lloyd Connelly upheld AB 26 4X, the state budget bill passed in July 2009
as part of the 2009 -10 state budget that requires redevelopment agencies
statewide to transfer $2.05 billion in local redevelopment funds over the next two
years. He also denied CRA's request for a stay on the transfer of funds to the
Supplemental Education Revenue Augmentation Fund ( SERAF) on May 10.
In a special meeting on May 5, the CRA's Board of Directors voted unanimously
to authorize an appeal of the decision. The Board further authorized seeking
from the Court of Appeal a temporary stay so that agencies do not have to make
payments on May 10. That request was filed on May 5, with the hope that a stay
would be granted. This did not occur and the Agency paid the required sum of
$1,925,105 on May 10. The Agency's payment was delivered to the County
Auditor.
Both the CRA and the California League of Cities have released statements
strongly disagreeing with Judge Connelly's decision which effectively says the
Legislature has unlimited discretion to redirect local redevelopment funds to any
purpose it wishes. In his decision, the court accepts the Legislature's findings
that SERAF payments to schools are "reasonably related" to the redevelopment's
statutory purposes. Under this logic any State program could be, conveniently,
called "redevelopment" particularly in light of the current situation with the State's
3
Moorpark Redevelopment Agency
May 19, 2010
Page 2
economy and current budget catastrophe including a deficit in excess of $23
billion.
The Judge denied CRA's other arguments including that AB 26 4X substantially
impairs existing obligations of redevelopment agencies and that it is a violation of
equal protection laws. Despite this ruling we continue to believe taking local
redevelopment funds and using them to fund State obligations is unconstitutional.
FISCAL IMPACT
As reported previously, The Moorpark Redevelopment Agency has a number of
issues affecting its financial well- being. The foremost of which is the State of
California "taking" tax increment dollars this year and next: $1,925,000 this
current fiscal year, 2009/10 and $396,000 next fiscal year, 2010/11. These
amounts shall be placed in the Supplemental Educational Revenue
Augmentation Fund (SERAF).
The second issue for the Agency revolves around the pass- through agreements
with other taxing agencies. These agreements require the Agency to pay a large
percentage of each tax increment dollar to the other governmental units: County
receives approximately 55 %; Moorpark Unified School District receives
approximately 5% and others 1%. The pass- through payments, along with the
20% housing set -aside requirement, leave less than 20% of the gross tax
increment for the Agency to pay for operational costs, debt service, economic
development and capital projects.
The table on the following page summarizes where the tax increment dollar is
spent. Gross tax increment is approximately $6.8 million. The three bond issues
require an annual payment of approximately $1.9 million; leaving $4.9 million.
The 20% set -aside for housing requires $1.4 million; leaving $3.5 million. The
pass- through payments require $3.1 million; leaving $0.4 million. The state
taking of SERAF requires $1.9 million; leaving a negative $1.5 million. Annual
operating costs of approximately $1.4 million; leaving a negative $2.9 million for
fiscal year 2009/10. The Agency has sufficient reserves for the current year and
next fiscal year 2010/11 to cover this, but will run out of its reserves in fiscal year
2011/12 unless certain actions are taken.
The Agency will sell land to private developers as the market and the economy
permit. The Agency has proposed funding certain staff members from the Low &
Moderate Housing Fund and the City Housing Fund. Capital improvement
projects have also been delayed or funded from other sources of revenues.
2
Moorpark Redevelopment Agency
May 19, 2010
Page 3
MRA FINANCIAL SUMMARY
2009110
Estimate
GROSS
Tax Increment (T.I.)
Less:
Bond Debt Service
1999
Bond
Interest
279,460
1999
Bond
Principal
475,000
2001
Bond
Interest
588,469
2001
Bond
Principal
20,000
2006
Bond
Interest
508,163
2006
Bond
Principal
0
sub -total Bond Debt Service
1,871,092
Net T.I. Available
4,928,908
20% Housing
20% Housing Set -Aside 1,360,000
Net T.I. Available 3,568,908
Pass -Thrus
Ventura County 2,735,000
Moorpark Unified Schools 340,000
Ventura Colleges 60,000
Ventura County Superintendent of Schools 2,000
sub -total Pass -Thrus 3,137,000
Net T.I. Available 431,908
C G R A G
AUTHORIZED Taking by the State 1,925,105
Net T.I. Available for Operations (1,493,197)
OPERATIONS * 1,370,000
Net T.I. Available for Projects (2,863,197)
* Does not include money for projects *
STAFF RECOMMENDATION:
Receive and file report.
5
MOORPARK REDEVELOPMENT
AGENDA REPORT
ITEM 5.C.
CITY OF MOORPARK, CALIFORNIA
Redevelopment Agency Meeting
of 5-Iq -010
BY. A
TO: Honorable Agency Board of Directors
FROM: David C. Moe 11, Redevelopment Manag -'�
BY: Jessica Sandifer, Management Ana Pi
DATE: May 10, 2010 (Agency Meeting of 5/19/10)
SUBJECT: Consider Conveying Grant Deed for Fee Simple Title to 609 Fitch
Avenue (APN 512 -0- 171 -245) to the City of Moorpark
BACKGROUND
On April 3, 2001, the Redevelopment Agency purchased a 7.5 acre parcel at 500 Spring
Road with the intention of building the new Moorpark Police Services Center. During the
planning of the Police Services Center it was decided that only about 5 acres were
needed for the building. A parcel map was created that split the 7.5 acre lot into four
separate parcels. Eventually, It was determined that Parcel C which totals
approximately 2 acres, would be used for the Ruben Castro Human Services Center
(HSC). In June 2003, the City Council approved the purchase of Parcel C by the City
using CDBG funds.
As the design process for the HSC has unfolded, it was determined that an additional .5
acre site, Parcel D, would be needed to meet the parking requirements for the project.
Staff believes it is appropriate for the Redevelopment Agency to convey fee title to
Parcel D, in order for the property ownership of the site to be consistent.
FISCAL IMPACT
There will be no fiscal impact as this is a transfer of property for no fee.
STAFF RECOMMENDATION
Authorize the conveyance of grant deed for fee simple title of Parcel D (APN 512- 0 -171-
245) to the City of Moorpark.
C