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HomeMy WebLinkAboutAG RPTS 2010 1103 RDA REG—( EITABLISKD 2 -OF Resolution No. 2010 -236 REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK REGULAR MEETING AGENDA WEDNESDAY, NOVEMBER 3, 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. PRESENTATION /ACTION /DISCUSSION: A. Consider Resolution Authorizing the Acquisition of 450 High Street, Accepting the Grant Deed for Recordation, and Amending the Fiscal Year 2010/11 Budget to Fund the Purchase. Staff Recommendation: 1) Adopt Resolution No. 201 0- ; 2) Authorize the Executive Director to execute all documents necessary to complete this transaction and lease back to property owner; and 3) Authorize the Agency Secretary to accept and consent to the recordation of any deed. ROLL CALL VOTE REQUIRED (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 Hail 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 November 3, 2010 Page 2 6. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED) A. Consider Minutes of Special Joint City Council /Redevelopment Agency /Public Financing Authority Meeting of October 20, 2010. Staff Recommendation: Approve the minutes. B. Consider Minutes of Regular Meeting of October 20, 2010. Staff Recommendation: Approve the minutes. 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 November 3, 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, November 3, 2010, at 7:00 p.m. in the Council Chambers of the Moorpark Community Center, 799 Moorpark Avenue, Moorpark, California, was posted on October 29, 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 October 29, 2010. Maureen Benson, Assistant City Clerk CITY OF MOORPARK, CALIFORNIA Redevelopment Agency Meeting ITEM 5.A. ACTION: MOORPARK REDEVELOPMENT AGENCY AGENDA REPORT TO: Honorable Agency Board of Directors FROM: David C. Moe II, Redevelopment Manager L"ln�- DATE: October 23, 2010 (Agency Meeting of 11/3/10) SUBJECT: Consider Resolution Authorizing the Acquisition of 450 High Street, Accepting the Grant Deed for Recordation, and Amending the Fiscal Year 2010/11 Budget to Fund the Purchase BACKGROUND On December 15, 2006, the Redevelopment Agency of the City of Moorpark ( "Agency ") and Jim Clark, owner of the J.E. Clark fueling station, entered into a Property Acquisition Agreement for the purchase and relocation of the fueling station located at 450 High Street. Pursuant to the agreement, the Agency was to purchase a replacement site and provide the funds needed to design and construct a replacement fueling station ( "Station ") of similar size. The replacement site was identified and approved by Mr. Clark. The site was located on Princeton Avenue and is vacant. On March 12, 2007, the Agency purchased the site at a cost of $577,684.34 to effectuate the proposed relocation of the fueling station. On May 2, 2008, the Agency hired The Fiedler Group to design the Station at a cost not to exceed $32,500.00. At the request of the City of Moorpark, the Agency authorized The Fiedler Group to conduct a tree report on the property at a cost not to exceed $2,895.00, which increased the total contract amount to $35,395.00. The design of the Station was presented to the City of Moorpark Planning Commission on June 23, 2009. During the meeting, Ned Clark, Vice President of the J.E. Clark fueling station requested the condition limiting the hours of operation be removed, because the franchise (Pacific Pride) requires the Station to remain open 24 hours a day. Planning staff requested the Planning Commission continue the item to review the impact a 24 hour business would have on the adjacent residential neighborhood. After further review, Planning staff required a complete redesign of the lighting plan for the 1 Honorable Agency Board of Directors November 3, 2010 Page 2 of 3 Station to be consistent with City Codes. The Agency amended the agreement with The Fiedler Group and increased the not to exceed amount by $18,480.00 to comply with the additional City requirements. The City Council reviewed the proposed Station on October 7, 2009. The public hearing was continued open to November 4, 2009. The City Council received public comment from the adjoining neighborhood and closed the public hearing on November 4, 2009. The City Council denied Conditional Use Permit 2008 -05 and Industrial Planned Development 2008 -01 without prejudice. DISCUSSION Since the denial of Conditional Use Permit 2008 -05, staff has approached Mr. Clark to determine if he was willing to sell the Station out right without any relocation. Mr. Clark agreed to sell the Station to the Agency for the appraised value of the property plus a 20% premium. Staff hired an appraiser to determine the value of the Station. The appraisal placed a value of the Station at $764,660.00. After negotiations with Mr. Clark, a negotiated purchase price of $905,592.00 was agreed upon. Mr. Clark asked that the Agency first conduct its environmental review of the property prior to executing a purchase and sale agreement. The purchase would be funded from the MRA 2001 Tax Allocation Bond (TAB) Proceeds Fund (2904). Staff completed a phase I environmental review on July 22, 2010, which recommended a phase II environmental review of the Station to determine if any contamination or unknown underground tanks existed. On October 6, 2010, staff completed the phase II environmental review of the Station. The report identified the potential of two geophysical anomalies that may exist on the south east corner of the Station. Mr. Clark unearthed the two areas identified by the Agency's environmental consultant. One of the areas was a pile of corrugated metal, which was removed by Mr. Clark's contractor. The other area appeared to be an old seepage pit, but no metal or cement was discovered. Mr. Clark is requesting a non - operating lease back of the Station. A lease interest in the Station would allow Mr. Clark to access state insurance funds to abate any small amounts of contaminated soil not discovered by the phase 11 (drilling and soil sampling) testing. A lease would benefit both the Agency and Mr. Clark. The Agency wouldn't have to pay for any remedial action to abate any small amount of soil contamination and then seek reimbursement from Mr. Clark for the cost. Mr. Clark would be able to have access to 2 Honorable Agency Board of Directors November 3, 2010 Page 3 of 3 State funds to immediately abate any small soil contamination and wouldn't have to use his own funds to reimburse the Agency. Staff has completed the environmental review of the Station and is recommending the Agency proceed with the proposed acquisition. The purchase price of the property is $905,592.00 plus escrow expenses. A $915,592.00 budget appropriation is required for the purchase. FISCAL IMPACT A budget amendment in the amount of $915,592.00 from the MRA 2001 Tax Allocation Bond (TAB) Proceeds Fund (2904) is needed to close escrow for the purchase of the Station. STAFF RECOMMENDATION ROLL CALL VOTE 1. Adopt Resolution No. 2010 — ; and 2. Authorize the Executive Director to execute all documents necessary to complete this transaction and lease back to property owner subject to Executive Director and Agency Counsel final language approval; and 3. Authorize the Agency Secretary to accept and consent to the recordation of any deed. Attachment "A" Resolution No. 2010 - 3 RESOLUTION NO. 2010 - A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING ACQUISITION OF 450 HIGH STREET, LEASE BACK OF 450 HIGH STREET TO THE OWNER, J.E. CLARK, ACCEPTANCE OF GRANT DEED, AND AMENDING THE FISCAL YEAR 2010/2011 BUDGET BY APPROPRIATING $905,592.00 PLUS $10,000.00 CONTINGENCY FOR ESCROW FEES FOR A TOTAL OF $915,592.00 FROM THE MRA 2001 TAX ALLOCATION BOND (TAB) PROCEEDS FUND (2904) WHEREAS, the City Council of the City of Moorpark, adopted the Redevelopment Plan for the Moorpark Redevelopment Project on July 5, 1989, by Ordinance No. 110, in accordance with the California Community Redevelopment Law (CCRL; Health and Safety Code Section 33000 et seq.); and WHEREAS, CCRL Section 33342 provides that redevelopment plans may include authority for the Agency to acquire by gift, purchase, lease or condemnation, all or part of real property in the Project Area; and WHEREAS, on June 16, 2010, the Board of Directors adopted the Operating and Capital Improvement Projects Budget for Fiscal Year 2010/2011; and WHEREAS, the Redevelopment Agency of the City of Moorpark desires to purchase the property known as 450 High Street in the City of Moorpark, for redevelopment purposes; and WHEREAS, the Redevelopment Agency of the City of Moorpark desires to provide a non - operating lease back to the property owner of 450 High Street; and WHEREAS, a staff report has been presented to the Board of Directors requesting a budget adjustment in the aggregate amount of $915,592.00 from the MRA 2001 TAB Proceeds Fund (2904) to fund the purchase of the property; and WHEREAS, Exhibit "A ", attached hereto and made a part hereof, describes said budget amendment and the resultant impact to the budget line item. NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The purchase of the property at 450 High Street and lease back to property owner is hereby approved. SECTION 2. The Agency Secretary shall accept and consent to the recordation of the grant deed. M Resolution No. 2010 — Page 2 SECTION 3. A budget amendment in the amount of $905,592.00 plus $10,000.00 for escrow fees for a total of $915,592.00 from the MRA 2001 TAB Proceeds Fund (2904), as more particularly described in Exhibit "A ", attached hereto, is hereby approved for property acquisition. SECTION 5. The Agency Secretary shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original Resolutions. PASSED AND ADOPTED this 3rd day of November 2010. Janice S. Parvin, Chair ATTEST: Deborah S. Traffenstedt, Agency Secretary Exhibit A — Budget Amendment 5 EXHIBIT A BUDGET AMENDMENT FOR MRA 2001 TAX ALLOCATION BOND (TAB) PROCEEDS FUND FOR ACQUISITION OF 450 HIGH STREET 2010/11 FUND ALLOCATION FROM: Fund Account Number Amount MRA 2001 TAB Proceeds Fund 2904 -5500 $ 915,592.00 $ 915,592.00 $ 915,592.00 Total $ 915,592.00 DISTRIBUTION OF APPROPRIATION TO EXPENSE ACCOUNTS: Account Number Current Budget Revision Amended Budget 2904- 2410 - 5084 -9610 $ - $ 915,592.00 $ 915,592.00 Total $ - $ 915,592.00 $ 915,592.00 Approved as to Form: Al CITY OFMOOF411*RK CALIFORNIA ITEM 6.A. Redevelopment Agency Meeting ACTION: F THE SPECIAL JOINT MEETING OF THE NCIL, REDEVELOPMENT AGENCY, AND B ��� UBLIC FINANCING AUTHORITY Moorpark, California October 20, 2010 A Special Joint Meeting of the City Council, Redevelopment Agency, and Public Financing Authority of the City of Moorpark was held on October 20, 2010, in the Community Center of said City located at 799 Moorpark Avenue, Moorpark, California. CALL TO ORDER: Mayor /Chair /President Parvin called the meeting to order at 7:12 p.m. 2. PLEDGE OF ALLEGIANCE: Jennifer Mellon, Senior Management Analyst, led the Pledge of Allegiance. 3. ROLL CALL: Present: Councilmembers /Agency Members /Directors: Mikos, Millhouse, Pollock, Van Dam, and Mayor /Chair/ President Parvin. Staff Present: Steven Kueny, City Manager /Executive Director /Chief Administrative Officer; Hugh Riley, Assistant City Manager/ Assistant Executive Director; Ron Ahlers, Finance Director /Agency and Authority Treasurer; Dave Bobardt, Community Development Director; David Moe, Redevelopment Manager; Deborah Traffenstedt, Administrative Services Director /City Clerk/Agency Secretary/Authority Secretary; and Blanca Garza, Deputy City Clerk. 4. PUBLIC COMMENTS: None. 5. PRESENTATION /ACTION /DISCUSSION: A. Consider Resolutions of the Moorpark City Council, Redevelopment Agency of the City of Moorpark, and Moorpark Public Financing Authority Authorizing the Issuance, Purchase, and Sale of Moorpark Redevelopment Aaencv 2010 Tax Allocation Bonds. and Related Documents and Actions. Staff Recommendation: 1) Adopt City Council Resolution No. 2010 -2965, approving the issuance of the Redevelopment Agency of the City of Moorpark 2010 Tax Allocation Bonds; and 2) Adopt 7 Minutes of the City Council, Redevelopment Agency, and Public Financing Authority Moorpark, California Page 2 October 20, 2010 Redevelopment Agency of the City of Moorpark Resolution No. 2010 -234, authorizing issuance and sale of the 2010 Tax Allocation Refunding Bonds and approving related documents and actions; and 3) Adopt Moorpark Public Financing Authority Resolution No. 2010 -7, authorizing the purchase and sale of 2010 Tax Allocation Revenue Bonds of the Redevelopment Agency of the City of Moorpark and approving other maters related thereto. ROLL CALL VOTE REQUIRED Mr. Riley gave the staff report. In response to Councilmember /Agency Member /Director Mikos, Doug Anderson, Urban Futures Inc., explained the statutory requirements as to why there are three entities meeting jointly and clarified the approval actions will not refund monies but rather will achieve a refinancing of the 1999 Bonds. In response to Mayor /Chair /President Parvin, Ms. Traffenstedt stated there were no speakers. CITY COUNCIL MOTION: Councilmember Mikos moved and Councilmember Millhouse seconded a motion to adopt City Council Resolution No. 2010 -2965, approving the issuance of the Redevelopment Agency of the City of Moorpark 2010 Tax Allocation Bonds. The motion carried by unanimous roll call vote. AGENCY MOTION: Chair Parvin moved and Agency Member Millhouse seconded a motion to adopt Redevelopment Agency of the City of Moorpark Resolution No. 2010 -234, authorizing issuance and sale of the 2010 Tax Allocation Refunding Bonds and approving related documents and actions. The motion carried by unanimous roll call vote. AUTHORITY MOTION: Director Pollock moved and Director Millhouse seconded a motion to adopt Moorpark Public Financing Authority Resolution No. 2010 -7, authorizing the purchase and sale of 2010 Tax Allocation Revenue Bonds of the Redevelopment Agency of the City of Moorpark and approving other maters related thereto. The motion carried by unanimous roll call vote. 6. CONSENT: JOINT CITY COUNCIUAGENCY /AUTHORITY MOTION: Councilmember/ Agency Member/ Director Mikos moved and Councilmember /Agency Member/ Director Van Dam seconded a motion to approve the consent calendar. The motion carried by voice vote 5 -0. A. Consider Adoption of the Special Joint City Council /Redevelopment Agency/Public Financing Authority Meeting Minutes of November 15, 2006. Staff Recommendation: Acting as the Public Financing Authority Minutes of the City Council, Redevelopment Agency, and Public Financing Authority Moorpark California Page 3 October 20, 2010 Board, adopt the meeting minutes as approved by the City Council on December 6, 2006. 7. ADJOURNMENT: Mayor /Chair /President Parvin adjourned the meeting. The time was 7:18 p.m. Janice S. Parvin, Mayor /Chair /President ATTEST: Maureen Benson, Assistant City Clerk/ Assistant Agency Secretary E CITY OF MOORPARK. CALIFORNIA ITEM 6.13. Redevelopment Agency Meeting ACTION: _T inn iTF_e Qr Tl EDEVELOPMENT AGENCY OF THE CITY OF MOORPARK aY. October 20, 2010 A Regular Meeting of the Redevelopment Agency of the City of Moorpark was held on October 20, 2010, 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 7:44 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 Blanca Garza, Deputy City Clerk. 3. PUBLIC COMMENT: None. 4. REORDERING OF, AND ADDITIONS TO, THE AGENDA: None. 5. CONSENT CALENDAR: (ROLL CALL VOTE) MOTION: Agency Member Van Dam moved and Agency Member Pollock seconded a motion to approve the Consent Calendar. The motion carried by unanimous roll call vote. A. Consider Minutes of Special Meeting of October 6, 2010. Staff Recommendation: Approve the minutes. B. Consider Minutes of Regular Meeting of October 6, 2010 Staff Recommendation: Approve the minutes. C. Consider Resolution Amending the Fiscal Year 2010 -11 Budget to Aoorooriate $3.500 for the High Street Arts Center Wireless Connection Project. Staff Recommendation: Adopt Resolution No. 2010 -235 amending the FY 2010 -11 Budget to appropriate $3,500 for the High Street Arts Center Wireless Connection Project. pill] Minutes of the Redevelopment Agency Moorpark, California Page 2 October 20, 2010 6. CLOSED SESSION: None was held. 7. ADJOURNMENT: Chair Parvin adjourned the meeting at 7:45 p.m. Janice S. Parvin, Chair ATTEST: Maureen Benson Assistant Agency Secretary 11