HomeMy WebLinkAboutAG RPTS 2011 0907 RDA REGJ E8TABLISK
* 3
KVW i. MT
\ 44FO� *Ce
\ly of
Resolution No. 2011 -249
REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK
REGULAR MEETING AGENDA
WEDNESDAY, SEPTEMBER 7, 2011
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 Resolutions to Enact the Provisions of Assembly Bill x1 27 (ABx1
27) in Order to Opt -in to the Voluntary Alternative Redevelopment Program,
Specifically: 1) Resolution Authorizing Execution of a Remittance Agreement
with the City of Moorpark Pursuant to Health and Safety Code Section
34194.2 and 2) Resolution Reducing the Allocation to the Low and Moderate
Income Housing Fund for the 2011 -2012 Fiscal Year and Making Certain
Findings and Determinations. Staff Recommendation: 1) Adopt Resolution
No. , authorizing the Agency Chair to execute the Remittance Agreement
with the City of Moorpark pursuant to Health and Safety Code Section
34194.2; and 2) Adopt Resolution No. , reducing the allocation to the Low
and Moderate Income Housing Fund for the 2011 -2012 Fiscal Year and
making certain findings and determinations. (Staff: Ron Ahlers /David Moe)
6. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED)
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)
Redevelopment Agency Agenda
September 7, 2011
Page 2
7. 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)
8. ADJOURNMENT:
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
Citys website at www.ci.moorpark.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.
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
September 7, 2011
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 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, September 7,
2011, at 7:00 p.m. in the Council Chambers of the Moorpark Community Center, 799
Moorpark Avenue, Moorpark, California, was posted on September 2, 2011, 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 September 2, 2011.
Maureen Benson, City Clerk
ITEM 5.A.
MOORPARK CITY COUNCIL
REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK
AGENDA REPORT
CITY OF MOORPARK, CALIFORNIA
Redevelopment Agency Meeting
TO: Honorable City Council 9—
Honorable Board of Directors of_, .
FROM: Ron Ahlers, Finance Director
David Moe, Redevelopment Manager
DATE: September 1, 2011 (Council & Agency meeting of September 7, 2011)
SUBJECT: Consider Adopting Ordinances and Resolutions to enact the
provisions of Assembly Bill x1 27 (ABx1 27) in order to opt -in to the
Voluntary Alternative Redevelopment Program; specifically:
CITY COUNCIL
1) A Resolution of the City Council Declaring its Intent to Adopt
an Ordinance to Continue the Redevelopment Agency of the
City of Moorpark's Existence and Comply with Part 1.9 of
Division 24 of the Health and Safety Code;
2) An Urgency Ordinance of the City Council Determining to
Comply with the Voluntary Alternative Redevelopment Program
Pursuant to Part 1.9 of Division 24 of the California Health and
Safety Code in order to Permit the Continued Existence and
Operation of the Redevelopment Agency of the City of
Moorpark;
3) An Ordinance of the City Council Determining to Comply with
the Voluntary Alternative Redevelopment Program Pursuant to
Part 1.9 of Division 24 of the California Health and Safety Code
in order to Permit the Continued Existence and Operation of the
Redevelopment Agency of the City of Moorpark;
4) A Resolution of the City Council Authorizing Execution of a
Remittance Agreement;
5) A Resolution of the City Council Reducing the Allocation to the
Low and Moderate Income Housing Fund for FY 2011 -2012 and
Making Certain Findings and Determinations;
REDEVELOPMENT AGENCY
1) A Resolution of the Redevelopment Agency of the City of
Moorpark Authorizing Execution of a Remittance Agreement;
2) A Resolution of the Redevelopment Agency of the City of
Moorpark Reducing the Allocation to the Low and Moderate
Honorable City Council
Honorable Board of Directors
September 7, 2011
Page 2
Income Housing Fund for FY 2011 -2012 and Making Certain
Findings and Determinations
BACKGROUND
On June 29, 2011, as part of adopting the State of California Fiscal Year (FY) 2011 -12
budget, the Governor signed two trailer bills, ABx1 26 ( "Dissolution Act ") and ABx1 27
( "Voluntary Alternative Redevelopment Program "), into law. The legislation became
effective on June 29, 2011. ABx1 26 eliminates redevelopment agencies as of October
1, 2011. ABx1 27 provides an opportunity for cities to voluntarily "opt -in" and continue
to have their redevelopment agencies operate and function "only upon the enactment of
an ordinance enacted by the community to comply with this part on or before November
1, 2011 ".
The Dissolution Act immediately suspends all new redevelopment activities and
incurrence of indebtedness and dissolves redevelopment agencies ( "RDAs ") effective
October 1, 2011. The "Voluntary Alternative Redevelopment Program" (VARP) allows
RDAs to avoid dissolution under the Dissolution Act; however it requires specified
substantial annual contributions to local school and special districts. If all RDAs were to
opt -in to the VARP, these contributions would amount to $1.7 Billion for FY 2011 -2012
and appear intended to amount to $400 Million in each succeeding year (subject to
increasing adjustments annually for the life of the redevelopment project area). If the
City of Moorpark ( "City ") decides to opt -in to the VARP, then the City makes the semi-
annual payments to the County Auditor - Controller, on behalf of the Redevelopment
Agency of the City of Moorpark ( "MRA "). The City can use the MRA property tax
increment funds to make these payments. For FY 2011 -2012 ONLY the City can use
the 20% set -aside from the Low and Moderate Income Housing Fund (LMIHF). The
MRA needs to make a finding that there are insufficient other funds, and using the
LMIHF funds is necessary to make all or a portion of the FY 2011 -12 remittance.
The VARP includes an "appeal" section for these agencies whose "voluntary" payments
were miscalculated. Appeals must be made on or before August 15, 2011 to the
Director of Finance (State of California). Prior to August 15, 2011, staff reviewed the
calculations by the State and determined that the numbers are accurate and there is no
need for an appeal.
Due to the vital role the MRA plays in providing needed programs and projects in the
City for the elimination of blight and promoting economic revitalization and the City
Council's and community's strong desire to continue to implement the MRA's various
beneficial programs upon which the community relies, it is recommended that the City
Council adopt the attached ordinance to permit the continued existence and operation
of the MRA.
Honorable City Council
Honorable Board of Directors
September 7, 2011
Page 3
In addition, because the ordinance will not be effective until 30 days after the second
reading of the ordinance, and in light of a number of items the MRA needs to act on
sooner than would be possible under the ordinance, it is recommended that the City
Council adopt the attached urgency ordinance to permit the immediate continuation of
MRA operations.
As a reminder, the MRA made payments to the County Auditor - Controller into the
Supplemental Education Revenue Augmentation Fund (SERAF) for the past two fiscal
years. The payments made were: $1,925,105 paid on May 10, 2010 and $395,977
paid on May 10, 2011.
COST ALLOCATION PLAN (CAP)
As another reminder, the Cost Allocation Plan (CAP) was modified this year for the
MRA Economic Development Fund and LMIHF. Staff took into account the current year
staffing and operational reductions in these funds in the calculation of the CAP. The
initial CAP calculation for FY 2011/12 was $624,900 ($479,900 for MRA Economic
Development and $145,000 for LMIHF). The final adopted amounts are $228,000 and
$78,500 respectively. The reduction in the CAP was $318,400.
MRA BOND PROCEEDS
As of June 30, 2011, there is $7,891,568 remaining in tax allocation bond (TAB)
proceeds: $495,089 from the 2001 bond issue and $7,396,479 from the 2006 bond
issue. Staff anticipates to receive $5,600,000 from the County of Ventura upon
completion of the Ruben Castro Human Services Center Building A. Of this
consideration $2,700,000 will be used to reimburse the Special Projects Fund (4004) for
advancing the funds to complete construction and about $2,500,000 will be used to pay
back the City for the acquisition and public improvements on 161 2nd Street (the
neighborhood park); and the High Street Streetscape project. For fiscal year 2011/12,
$42,000 has been appropriated in transfers and $9,785,193 has been budgeted to fund
various CIP projects as follows:
Honorable City Council
Honorable Board of Directors
September 7, 2011
Page 4
CIP 2001 TAB
Proceeds
5020 - Ruben Castro Human Services
Center; construction costs
5035 - Aszkenazy Project; construction $ 278,350
permits /licenses & site clearance
5056 - High Street Streetscape;
implementation of conceptual plan
5081 - 161 2nd Street Neighborhood Park
5084 - 450 High Street;site clearance $ 10,000
2006 TAB TOTAL
Proceeds
$ 7,941,043 $ 7,941,043
$ 75,000 $ 353,350
$ 1,000,000 $ 1,000,000
$ 480,800 • $ 480,800
$ 10,000
$ 288,350 $ 9,496,843 $ 9,785,193
The redevelopment plan is effective until the year 2030. The MRA can continue to
collect tax increment after this date to pay off any remaining debt. All bonded
indebtedness is scheduled to be repaid by October 2038.
DISCUSSION
Legislation to Dissolve Redevelopment Agencies and Allow an "Opt -In" Process
Without the adoption of an ordinance electing to participate in the VARP, the MRA is
operating under the requirements of ABx1 26. ABx1 26 immediately suspended all new
redevelopment activities and incurrence of debt and dissolves redevelopment agencies
effective October 1, 2011. The suspension and prohibition of most redevelopment
activities become permanent on the dissolution date of October 1, 2011, for
redevelopment agencies not participating in the VARP. The suspension and prohibition
of most redevelopment activities is lifted upon enactment of the City's opt -in ordinance.
In compliance with ABx1 26, the City Council adopted the Enforceable Obligation
Payment Schedule (EOPS) on August 24, 2011. The EOPS allows the MRA to expend
funds from tax increment for the time period of August 24, 2011 until the City Council
adopts the VARP ordinance.
Pending Projects Supporting Adoption of an Urgency Ordinance
In addition, adopting the urgency ordinance now will allow the MRA to immediately
continue work on the following projects without the normal process of ordinance
adoption and then waiting 30 days for the ordinance to be effective:
Honorable City Council
Honorable Board of Directors
September 7, 2011
Page 5
1. Second Street Park
2. High Street Streetscape
3. Development of the Princeton Avenue property
4. Lease for 500 Los Angeles Avenue
5. 33 High Street Lease Agreement
6. 780 Walnut/124 First Street Demolition
7. Walnut Canyon Affordable Housing Project
8. Askenazy Disposition and Development Agreement (DDA)
9. High Street Arts Center Funding
10. Economic Development Corporation- Ventura County Funding Contribution
New Obligations for MRA if the City Adopts the Ordinances
In general, the primary obligation incurred by the City in enacting this opt -in ordinance is
the obligation to make annual payments ( "remittances ") to the County Auditor - Controller
beginning in Fiscal Year (FY) 2011 -12, and in all succeeding years the MRA is in
existence. If the City opts in, it is agreeing to make the remittances to allow the MRA to
continue existence. If a City fails to make a remittance, the only sanction is dissolution
of the MRA pursuant to ABx1 26. Therefore, the general fund and other funds are not
at risk if the City fails to make a remittance. Prior to making the first remittance, it is
recommended that the MRA and City Council approve an agreement whereby the MRA
will transfer a portion of its tax increment, to the City in an amount not -to- exceed the
required annual remittance. Funds transferred must be used for activities related to the
purposes of redevelopment.
Remittances are due on January 15 and May 15 of each year the MRA is in existence.
The Department of Finance has calculated the City's share of the initial $1.7 billion
payment to the State at $1,606,569. However, the MRA will be exempt from making its
full deposit into the 20% LMIHF in FY 2011 -12, to the extent it makes a finding that
there are insufficient other funds, and using those funds is necessary to make all or a
portion of the FY 2011 -12 remittance. Staff is recommending the City use a portion of
the 20% LMIHF for FY 2011 -12, estimated at $1,000,000 of the estimated $1,350,000.
The estimated cash balance for June 30, 2011 for the LMIHF is a negative ($25,000).
According to ABx1 27 this $1,000,000 does not need to be repaid to the LMIHF. There
are currently discussions among the State legislatures to pass further legislation to
make this amount into a loan, but no bill has been proposed as of this date. In
subsequent years, the legislative intent is to raise $400 million annually from
remittances. Unfortunately, the formula is complex and dependent on future factors so
we are estimating the City's share to be approximately $381,000. After FY 2011 -12
funds to make the required annual payment must come from the MRA's 80% (non -
housing) fund.
Honorable City Council
Honorable Board of Directors
September 7, 2011
Page 6
Lawsuit
The California Redevelopment Association ( "CRA ") and the California League of Cities
filed a lawsuit in the California Supreme Court challenging the constitutionality of ABx1
26 and ABx1 27. On August 11, 2011, the California Supreme Court announced it
would hear the lawsuit, which requests that the Court declare ABx1 26 and ABx1 27
unconstitutional. The court established an expedited briefing schedule designed to
facilitate oral argument as early as possible in 2011, and a decision before January 15,
2012.
The Court also issued a partial stay regarding suspension of the effectiveness of ABx1
26 and ABx1 27 until it can rule on the constitutionality of these two bills. The Court
allowed the first statute to remain in effect insofar as it precludes existing
redevelopment agencies from incurring new indebtedness, transferring assets,
acquiring real property, entering into new contracts or modifying existing contracts or
entering into new partnerships, adopting or amending redevelopment plans, but it
stayed enforcement of both statutes in all other respects. Due to the partial stay, the
Agency will still need to list all enforceable obligations that would need to be paid for the
months of October, November and December of 2011 as required by ABx1 26. This
was adopted on August 24, 2011.
The stay does create a conflict in regard to making tax - sharing payments. Tax - sharing
obligations are not Enforceable Obligations under the stay. Under the dissolution
scheme of ABx1 26, the tax sharing payments are to be made by county auditor -
controller's rather than by the redevelopment agencies. With the stay in place, there is
no legal authorization to make the tax - sharing obligations.
While the case is being litigated, it is prudent to opt -in and continue to operate the MRA
simply to preserve the MRA authority in the event the CRA and League prevail in the
litigation and redevelopment agencies remain in place. If the MRA is dissolved, there is
some question as to how it would reconstitute itself if ABx1 26 and ABx1 27 are
ultimately ruled unconstitutional.
Staff has evaluated the fiscal impact of the VARP legislation and has determined that
the MRA will be able to make the anticipated payments in order to continue to operate.
Since it is the City's obligation to make the VARP payments, it is recommended that the
City and MRA enter into a Remittance Agreement that establishes the respective City
and MRA actions to ensure the VARP remittances are made. Further, and because of
the potential impact on Low and Moderate Income Housing Set Aside, staff is also
recommending that the City and MRA adopt resolutions that will allow LMIHFs to be
reduced in the event such monies are necessary to complete the VARP remittances
(only allowed for FY 2011 -12).
Honorable City Council
Honorable Board of Directors
September 7, 2011
Page 7
The California Redevelopment Association, California League of Cities and legal staff
believe that the redevelopment bills violate the State Constitution and other laws.
However, to maximize the City's and MRA's options, and to allow the MRA to continue
operating while the legality of the legislation is being litigated, staff is recommending
that the City adopt the following ordinances and resolutions:
A. CITY COUNCIL
1. A Resolution of the City Council of the City of Moorpark, California, Declaring its
Intent to Adopt an Ordinance to Continue the Redevelopment Agency of the City
of Moorpark's Existence and Comply with Part 1.9 of Division 24 of the Health
and Safety Code.
2. A VARP Ordinance as urgency legislation which will commit the "community" (i.e.
the City) to comply with and make the payments required by the legislation. The
legislation states that adoption of such an ordinance and payment of the
remittances (the first of which would be due on January 15, 2012) exempts the
MRA from the bill (ABx1 26) that purports to dissolve it. Since the urgency
ordinance will take effect immediately upon adoption it will allow the MRA to
continue to function so long as the required payments can be made. The
ordinance would limit the City's commitment to make these payments to net tax
increment funds and other funds or assets that the MRA transfers to the City for
this purpose. The City's general fund would not be pledged to make these
payments. The proposed ordinance further reserves all rights to challenge the
validity of the legislation and it also reserves the right of the City Council to repeal
the ordinance at any time in the future, in the City's sole discretion. The urgency
ordinance requires a 4/5`h vote. Additionally, staff is recommending the City
Council adopt a regular ordinance, in the event the urgency ordinance is not
deemed valid. Staff has provided an ordinance for introduction for the
Se�tember 7 1 meeting, which could be adopted at the meeting of September
14t and take effect 30 days later.
B. REDEVELOPMENT AGENCY
1. MRA adopt a resolution to exempt the MRA from making the full amount of
otherwise required allocation to the MRA's Low and Moderate Income Housing
Fund for the 2011 -12 fiscal year if necessary for the MRA to have sufficient funds
to make the payments to the City under the remittance agreement. The
resolution includes a finding that there are insufficient other funds available to the
MRA to meet the MRA's debt and other obligations, current priority program
needs or its obligations under the "Remittance Agreement ". This would apply
only if the MRA wishes to take advantage of the provision in the legislation that
Honorable City Council
Honorable Board of Directors
September 7, 2011
Page 8
would allow the MRA to reduce its allocation of tax increment to the Low and
Moderate Income Housing Fund for the 2011 -12 fiscal year in order for the City
to make the required remittance to the County Auditor - Controller.
C. CITY COUNCIL AND REDEVELOPMENT AGENCY
The City and the MRA enter into a "Remittance Agreement" as contemplated by
the legislation, by which the MRA would commit to transfer sufficient funds to the
City to make the required payments. Such an agreement is necessary for the
MRA to transfer funds to the City to comply with the legislation. Staff has
prepared the attached sample "Remittance Agreement" for this purpose.
2. The annual $5 million dollar loan agreement between the City and MRA,
approved on June 15, 2011 but not yet implemented, should be reduced to
approximately $1 million for FY 2011 -12. Staff will return to the City Council and
the Agency with an amendment to this agreement within the next few weeks.
FISCAL IMPACT
A T RISK ASSETS
The State has legislated that asset transfers between the City and the MRA are not
authorized if they occurred after January 1, 2011. Therefore, the City loan with the
MRA for $600,000 of LMIHF for the Charles Street apartments was repaid on June 30,
2011. This transaction could be unauthorized from the City by the Dissolution Act
(ABx1 26). Additionally, the option to sell the MRA property held for resale /development
that occurred on February 2, 2011 could not be authorized as well.
ABx1 26, Section 34167.5
Commencing on the effective date of the act adding this part, the
Controller shall review the activities of redevelopment agencies in the
state to determine whether an asset transfer has occurred after
January 1, 2011, between the city or county, or city and county that
created a redevelopment agency or any other public agency, and the
redevelopment agency. If such an asset transfer did occur during that
period and the government agency that received the assets is not
contractually committed to a third party for the expenditure or
encumbrance of those assets, to the extent not prohibited by state and
federal law, the Controller shall order the available assets to be
returned to the redevelopment agency or, on or after October 1,
2011, to the successor agency, if a successor agency is established
pursuant to Part 1.85 (commencing with Section 34170). Upon
receiving such an order from the Controller, an affected local agency
shall, as soon as practicable, reverse the transfer and return the
applicable assets to the redevelopment agency or, on or after
Honorable City Council
Honorable Board of Directors
September 7, 2011
Page 9
October 1, 2011, to the successor agency, if a successor agency is
established pursuant to Part 1.85 (commencing with Section 34170).
The Legislature hereby finds that a transfer of assets by a
redevelopment agency during the period covered in this section is
deemed not to be in the furtherance of the Community Redevelopment
Law and is thereby unauthorized.
{emphasis added}
This is reason enough for the City to opt -in to the VARP.
If the City adopts the Ordinance authorizing the City to participate in VARP, the
payment for FY 2011 -12 is $1,606,569 and $381,000 (estimate) for FY 2012 -13 and
ever increasing amounts in the following years. The actual amount of the payment was
calculated by the Department of Finance (State of California) and transmitted to the
MRA on August 1, 2011. One -half of the payment is due on January 15, 2012, with the
remaining half due May 15, 2012. Sufficient funds are available to make the estimated
required "voluntary" payments using LMIHF money of $1 million (20% set - aside) with
the remaining amount of $606,569 coming from the 80% tax increment for economic
development. This would continue funding the MRA identified capital projects and the
administration budget (including cost allocation plan) identified in the MRA's adopted FY
2011 -12 budget. However, the MRA's ability to undertake new projects would be
severely curtailed. While this would permit the MRA to continue utilizing redevelopment
as a tool for community improvement, it comes at a cost of $1.6 million this year and
$381,000 annually (increasing each year) during the remaining life of the MRA. These
funds will no longer be available to the Moorpark community to improve the quality of
life for its residents. This is on top of $2.3 million paid in SERAF in the last two years,
resulting in a cumulative loss to Moorpark of $3.9 million (last three years) and
increasing. The following is a summary of how the financials would appear for FY 2011-
12 for the MRA Economic Development Fund (2902) and Low and Moderate Income
Housing Fund (2901) and estimates for the two subsequent years.
Honorable City Council
Honorable Board of Directors
September 7, 2011
Page 10
MRA ECONOMIC DEVELOPMENT (Fund 2902)
VARP
2011 /12 2012113
Estimate Estimate
GROSS TAX INCREMENT
LESS:
Bond Debt Service
1999 Bond Interest
1999 Bond Principal
2001 Bond Interest
2001 Bond Principal
2006 Bond Interest
2006 Bond Principal
sub -total Bond Debt Servic
Net T.I. Availabl
20% Low /Mod Housing
Net T.I. Availabl
Tax - Sharing Agreements
Ventura County
Moorpark Unified Schools
Ventura Colleges
Ventura County Superintendent School
sub -total Tax- sharin
Net T.I. Availabl
ABx1 27 Remittance
Net T.I. Availabl
MRA Operations
Salaries and Benefits
Contractual Services
Cost Plan Allocation
Operations
Spring Road Rail Crossing
Translers
sub -total Operation
Net T.I. Available
Beginning Cash (estimate)
Mission Bell
ENDING CASH
(T.I.) 6,750,000
184,567
420,000
587,098
15,000
505,987
40,000
e 1,752,652
e 4,997,348
350,000
e 4,647,348
2,600,000
330,000
60,000
Schools 2,000
g 2,992,000
e 1,655,348
1,606,569
e 48,779
229,109
147,800
228,000
88,592
173,244
11,000
Operations
2013/14
Estimate
6,700,000
163,540
439,824
586,319
20,000
504,628
35,000
1,749,311
4,950,689
1,340,000
3,610,689
2,600,000
330,000
60,000
2,000
2,992,000
618,689
381,000
237,689
229,109
147,800
228,000
88,592
11,000
704,501
877,745
(466,812)
(828,966)
450,000
900,000
521,034
2013/14
Estimate
6,700,000
163,540
439,824
586,319
20,000
504,628
35,000
1,749,311
4,950,689
1,340,000
3,610,689
2,600,000
330,000
60,000
2,000
2,992,000
618,689
381,000
237,689
229,109
147,800
228,000
88,592
11,000
704,501
(466,812)
521,034
54,222
2013/14
Estimate
6,700,000
141,628
464,192
585,525
15,000
503,269
40,000
1,749,614
4,950, 386
1,340,000
3,610,386
2,600,000
330,000
60,000
2,000
2,992,000
618,386
381,000
237,386
229,109
147,800
228,000
88,592
11,000
704,501
(467,115)
54,222
(411,893)
Honorable City Council
Honorable Board of Directors
September 7, 2011
Page 11
LOW & MODERATE INCOME HOUSING (Fund 2901)
20% SET -ASIDE
VARP
2011/12 2012/13 2013/14
Estimate Estimate Estimate
20% TAX INCREMENT (T.I.
LESS:
Bond Debt Service
1999 MRA Bond Interest
1999 MRA Bond Principal
1992 Mission Bell Bond Interest
1992 Mission Bell Bond Principal
sub -total Bond Debt Service
Net T.I. Available
MRA Operations
Salaries and Benefits
Contractual Services
Legal
Cost Plan Allocation
Property Maintenance
Relocation Assistance
Operations
Capital Outlay
81 First Street
Transfers
sub -total Operations
Net T.I. Available
Beginning Cash (estimate)
ENDING CASH
46,142
105,000
20,000
16,000
187,142
122,639
36,450
7,900
78,500
23,350
49,000
24,685
58,798
401.322
350,000
162,858 1
(238,464) 1
1,340,000
40,966
110,176
20,000
16,000
187,142
1,152,858
122,639
36,450
7,900
78,500
23,350
49,000
24,685
58,798
401.322
751,536
263,464
488,072
1,340,000
35,334
115,808
20,000
16,000
187,142
1,152,858
122,639
36,450
7,900
78,500
23,350
49,000
24,685
58,798
401.322
751,536
488,072
1,239,608
Honorable City Council
Honorable Board of Directors
September 7, 2011
Page 12
If the MRA elects not to adopt the Ordinance, the MRA would retain the limited
authorities outlined in ABx1 26 until the MRA is dissolved on October 1, 2011. The
MRA would continue to be prohibited from undertaking most redevelopment activities
with the exception of making scheduled payments on and performing obligations
required under "Enforceable Obligations ". After October 1, 2011 the MRA would be
replaced by a Successor Agency tasked to wind down the affairs of the MRA. The
Successor Agency would receive only the amount of tax increment necessary to retire
existing debt obligations plus an administration fee (5% of gross tax increment,
$250,000 minimum).
GENERALFUNDIMPACT
The impact to the General Fund is the reduction of the annual $5 million loan to $1
million from the City to the MRA. The net loss of the interest on the loan is estimated at
$15,000 to the General Fund. As a reminder the State also is taking $130,000 from
Vehicle License Fees (VLF). This will be challenged as a violation of Prop 22.
Additionally, with $1 million of the LMIHF 20% tax increment going to pay the State,
another city fund will be required to subsidize the LMIHF for this current year, FY 2011-
12. The LMIHF is estimated to have negative cash of approximately ($25,000) on July
1, 2011. Therefore, the General Fund or City Housing Fund or MRA Economic
Development Fund will cash -flow LMIHF approximately $264,000 until it receives the
20% tax increment in FY 2012 -13.
As it stands currently, the MRA Economic Development Fund and LMIHF can continue
to make their respective cost allocation plan payments to the General Fund along with
paying the staff salaries.
SUMMARY
In summary, if the City decides to opt -in to VARP:
1. We continue to operate the MRA, with a short-term loan from City of $1 million in
FY 2011 -12.
2. The City pays $1,606,569 to the County Auditor - Controller: $1,000,000 from
LMIHF and $606,569 from MRA Economic Development
3. We have reduced spending on improvements and services but no impact on
budgeted expenses.
4. Leaves staff funding of 2.75 full -time equivalents in -tact.
5. MRA increase the payment to the CAP to the General Fund back to the original
amount of $624,900.
6. The MRA would continue to control the disposition of property assets held for
resale /development including land used for municipal purposes.
7. The main impact is the on -going $381,000 (and increasing) annual payments to
the County Auditor - Controller for schools and special districts
J'
Honorable City Council
Honorable Board of Directors
September 7, 2011
Page 13
a. If the City fails to make these payments ABx1 26 (Dissolution Act) is
automatically implemented and the MRA is dissolved.
8. The following redevelopment projects can still be implemented:
a. Second Street Park
b. Continue operating the High Street Arts Center
c. High Street Streetscape (in small phases)
d. Development of the Princeton Avenue property
e. Lease for 500 Los Angeles Avenue
f. 33 High Street Lease Agreement
g. 780 Walnut/124 First Street Demolition
h. Walnut Canyon Affordable Housing Project
i. Continuation of the business enhancement program
j. Demolition costs for Askenazy project
STAFF RECOMMENDATION
Staff recommends that the City Council and the MRA Board:
A. CITY COUNCIL
1) Adopt a Resolution of the City Council of the City of Moorpark, California, Declaring
its Intent to Adopt an Ordinance to Continue the Redevelopment Agency of the City
of Moorpark's Existence and Comply with Part 1.9 of Division 24 of the Health and
Safety Code
2) Adopt an Urgency Ordinance of the City Council of the City of Moorpark, California,
Determining to Comply With the Alternative Voluntary Redevelopment Program
Pursuant to Part 1.9 of Division 24 of the California Health and Safety Code in Order
to Permit the Continued Existence and Operation of the Redevelopment Agency of
the City of Moorpark (4/51h AFFIRMATIVE ROLL CALL VOTE REQUIRED).
3) Introduce for first reading, waive full reading and adjourn the September 7, 2011
regular meeting to 6:45pm on September 14, 2011 for the purpose of the second
reading and adoption of the Ordinance of the City Council of the City of Moorpark,
California, Determining to comply with the Alternative Voluntai- y Redevelopment
Program Pursuant to Part 1.9 of Division 24 of the California Health and Safety Code
in Order to Permit the Continued Existence and Operation of the Redevelopment
Agency of the City of Moorpark.
B. CITY COUNCIL AND REDEVELOPMENT AGENCY
4) Adopt a Resolution of the City Council and a Resolution of the Redevelopment
Agency of the City of Moorpark Authorizing the City Manager and Agency Chair to
Honorable City Council
Honorable Board of Directors
September 7, 2011
Page 14
execute the Remittance Agreement through which the VARP payments will be made
to the State.
5) Adopt a Resolution of the City Council and a Resolution of the Redevelopment
Agency of the City of Moorpark Authorizing the reduction of the allocation of Tax
Increment to the Low and Moderate Income Housing Fund for the 2011 -2012 Fiscal
Year if the MRA finds that there are insufficient other moneys to meet its debt and
other obligations, current priority program needs or its obligations under the
Remittance Agreement and make the required VARP payments.
ATTACHMENTS
1) A Resolution of the City Council Declaring its Intent to Adopt an Ordinance to
Continue the Redevelopment Agency of the City of Moorpark's Existence and
Comply with Part 1.9 of Division 24 of the Health and Safety Code;
2) An Urgency Ordinance of the City Council Determining to Comply with the
Voluntary Alternative Redevelopment Program Pursuant to Part 1.9 of Division
24 of the California Health and Safety Code in order to Permit the Continued
Existence and Operation of the Redevelopment Agency of the City of
Moorpark;
3) An Ordinance of the City Council Determining to Comply with the Voluntary
Alternative Redevelopment Program Pursuant to Part 1.9 of Division 24 of the
California Health and Safety Code in order to Permit the Continued Existence
and Operation of the Redevelopment Agency of the City of Moorpark;
4) A Resolution of the City Council Authorizing Execution of a Remittance
Agreement;
5) A Resolution of the City Council Reducing the Allocation to the Low and
Moderate Income Housing Fund for FY 2011 -2012 and Making Certain
Findings and Determinations;
6) A Resolution of the Redevelopment Agency of the City of Moorpark Authorizing
Execution of a Remittance Agreement;
7) A Resolution of the Redevelopment Agency of the City of Moorpark Reducing
the Allocation to the Low and Moderate Income Housing Fund for FY 2C11-
2012 and Making Certain Findings and Determinations
8) Remittance Agreement
9) MRA Debt Service Schedule for 1999, 2001 and 2006 Bond Issues
10) Summary of Redevelopment Agency Accomplishments 1989 -2011
Honorable City Council
Honorable Board of Directors
September 7, 2011
Page 15
RESOLUTION NO.
ATTACHMENT 1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, DECLARING ITS INTENT TO ADOPT AN
ORDINANCE TO CONTINUE THE REDEVELOPMENT AGENCY OF
THE CITY OF MOORPARK'S EXISTENCE AND COMPLY WITH PART
1.9 OF DIVISION 24 OF THE HEALTH AND SAFETY CODE
WHEREAS, pursuant to Section 33101 of the Community Redevelopment Law of
the State of California (Health and Safety Code Section 33000 et seq.) the City Council
of the City of Moorpark ( "City ") designated the Redevelopment Agency of the City of
Moorpark ( "Agency ") as the official redevelopment agency in the City of Moorpark to
carry out the functions and requirements of the Community Redevelopment Law of the
State of California (Health and Safety Code Section 33000 et seq); and
WHEREAS, the voters of the City of Moorpark approved and adopted via
Ordinance No. 110 a Redevelopment Plan ( "Redevelopment Plan ") for the Moorpark
Redevelopment Project Area ( "Project "), which Redevelopment Plan was amended by
the voters via Ordinance No. 111 and amended by the City Council via Ordinance No.
369; and
WHEREAS, the Agency is currently in the process of carrying out the goals and
objectives of the Redevelopment Plan; and
WHEREAS, Part 1.8 (commencing with Section 34161) and Part 1.85
(commencing with Section 34170) were added to the Health and Safety Code by ABx1
26, effective June 28, 2011, which requires the dissolution of redevelopment agencies
by October 1, 2011 ( "ABx1 26 "); and
WHEREAS, Part 1.9 (commencing with Section 34192) was added to the Health
and Safety Code by ABx1 27, also effective on June 28, 2011, which authorizes
redevelopment agencies to continue to exist, notwithstanding ABx1 26, provided a city
adopts an ordinance on or before November 1, 2011, agreeing to comply with the
provisions of ABx1 27, including the payment of certain tax increment revenue received
by an agency pursuant to Section 33670 of the Health and Safety Code and Section 16
of Article XVI of the California Constitution to the county auditor - controller for allocation
into a Special District Allocation Fund and a county Educational Revenue Augmentation
Fund for non - redevelopment purposes; and
Honorable City Council
Honorable Board of Directors
September 7, 2011
Page 16
WHEREAS, ABx1 27 also allows a redevelopment agency to exist after October
1, 2011, if prior to October 1, 2011, a city adopts a nonbinding resolution of its intent to
adopt an ordinance agreeing to comply with ABx1 27 on or before November 1, 2011
"(Resolution of Intent "), and notifies the State Department of Finance, the State
Controller and the county auditor of the city's adoption of the Resolution of Intent, and
WHEREAS, an action challenging the constitutionality of ABx1 26 and
ABx1 27 was filed by the League of California Cities and the California
Redevelopment Association on behalf of cities, counties and redevelopment
agencies; and
WHEREAS, in connection with that action, on August 11, 2011, the Supreme
Court of California issued an order staying the effectiveness of ABx1 27; and
WHEREAS, the order issued by the Supreme Court did not address the
means by which a City would opt to participate in Part 1.9 if the order were to be
dissolved at some point after the cut -off dates set forth in ABx1 27; and
WHEREAS, the City desires to clarify its intention to take part in the
alternative redevelopment program authorized by Part 1.9 if the Supreme Court
finds that ABx1 27 is a valid exercise of the State's legislative authority and upholds
that legislation as against the legal action currently pending.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK,
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council hereby declares its intent to adopt an ordinance
on or before November 1, 2011, agreeing to comply with ABx1 27.
SECTION 2. The City Clerk is hereby directed to notify the State Department of
Finance, the State Controller and the Ventura County Auditor - Controller of adoption of
this resolution.
SECTION 3. This resolution sets forth the current intent of the City Council
regarding compliance with ABx1 27, but does not constitute a binding commitment by
the City Council to proceed with such intent.
SECTION 4. The City Clerk 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 7th day of September, 2011.
Honorable City Council
Honorable Board of Directors
September 7, 2011
Page 17
Janice S. Parvin, Mayor
ATTEST:
Maureen Benson, City Clerk
Honorable City Council
Honorable Board of Directors
September 7, 2011
Page 18
ORDINANCE NO.
ATTACHMENT 2
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, DETERMINING TO COMPLY WITH THE
ALTERNATIVE VOLUNTARY REDEVELOPMENT PROGRAM
PURSUANT TO PART 1.9 OF DIVISION 24 OF THE CALIFORNIA
HEALTH AND SAFETY CODE IN ORDER TO PERMIT THE
CONTINUED EXISTENCE AND OPERATION OF THE
REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK
WHEREAS, the Redevelopment Agency of the City of Moorpark ( "Agency ") is a
redevelopment agency organized and existing under the California Community
Redevelopment Law (Health & Safety Code § 33000 et seq.) ( "CRL ") and has been
authorized to transact business and exercise the powers of a redevelopment agency
pursuant to action of the City Council of the City of Moorpark ( "City Council" or "City," as
applicable); and
WHEREAS, pursuant to the CRL, the voters of the City of Moorpark approved
and adopted via Ordinance No. 110 a Redevelopment Plan ( "Redevelopment Plan ") for
the Moorpark Redevelopment Project Area ( "Project "), which Redevelopment Plan was
amended by the voters via Ordinance No. 111 and amended by the City Council via
Ordinance No. 369, and the Agency is vested with the responsibility for implementing
and carrying out the Redevelopment Plan; and
WHEREAS, the Agency is currently in the process of carrying out the goals and
objectives of each Redevelopment Plan by continuing to: eliminate blight; increase, improve,
and preserve the supply of affordable housing in the community; stimulate and expand
economic growth and employment opportunities by revitalizing properties and businesses
within each Project; and alleviate deficiencies in public infrastructure; and
WHEREAS, in connection with approval and adoption of the State Budget for
Fiscal Year 2011 -12, the California Legislature has approved, and the Governor has
signed (i) ABX1 26 ( Stats. 2011, chap. 5, "ABX1 26 "), which immediately, and
purportedly retroactively, suspends all otherwise legal redevelopment activities and
incurrence of indebtedness, and dissolves redevelopment agencies effective October 1,
2011 (the "Dissolution Act "); and (ii) ABX1 27 ( Stats. 2011, chap. 6, "ABX1 27 "), which
allows communities to avoid the consequences of the Dissolution Act and continue their
redevelopment agency if the community enacts an ordinance agreeing to comply with
the alternative voluntary redevelopment program described in Section 2 of ABX1 27
adding Part 1.9 (commencing with section 34192) of Division 24 of the Health and
Safety Code (the "Alternative Redevelopment Program "); and
Honorable City Council
Honorable Board of Directors
September 7, 2011
Page 19
WHEREAS, the immediate suspension of activities and dissolution of the
Agency under the provisions of ABX1 26 would result in the immediate suspension
of Agency efforts and programs to eliminate blight, provide affordable housing,
provide economic assistance to businesses, and implement other programs which
are assisting in the recovery of the City from the financial crisis and recession
currently affecting the City and the State of California and thereby result in severe
and unwarranted social and economic hardship to City residents, workers and
businesses; and
WHEREAS, because the City Council does not wish to immediately suspend
activities of the Agency and wishes to continue to eliminate blight and promote
economic development and affordable housing, the City Council has determined it
is in the public interest of the City to take immediate action to participate in the
ABX1 27 Alternative Redevelopment Program; and
WHEREAS, the Alternative Redevelopment Program requires the participating
communities to remit specific annual payments to the county auditor - controller for
allocation to school entities and special districts; and
WHEREAS, under the threat of dissolution pursuant to ABX1 26, and upon
the contingencies and reservations set forth herein, the City shall participate in the
Alternative Redevelopment Program and make the Fiscal Year 2011 -2012
community remittance, which the California state Department of Finance has
determined to be One Million Six Hundred Six Thousand Five Hundred Sixty Nine
Dollars ($1,606,569), as well as the subsequent annual community remittances as
set forth in ABX1 27; and
WHEREAS, the City reserves the right to appeal the California Director of
Finance's determination of the Fiscal Year 2011 -12 community remittance, as
provided in Health and Safety Code Section 34194; and
WHEREAS, an action challenging the constitutionality of ABX1 26 and
ABX1 27 was filed by the League of California Cities and the California
Redevelopment Association on behalf of cities, counties and redevelopment
agencies; and
WHEREAS, in connection with that action, on August 11, 2011, the Supreme
Court of California issued an order staying the effectiveness of ABX1 27; and
WHEREAS, the order issued by the Supreme Court did not address the
means by which a City would opt to participate in the Alternative Redevelopment
Program if the order were to be dissolved at some point after the cut -off dates set
forth in ABX1 27; and
Honorable City Council
Honorable Board of Directors
September 7, 2011
Page 20
WHEREAS, while the City currently intends to make the community
remittances, they shall be made under protest and without prejudice to the City's
right to recover such amounts and interest thereon, in the event that there is a final
determination that ABX1 26 and ABX1 27 are unconstitutional; and
WHEREAS, the City reserves the right, regardless of any community
remittance made pursuant to this Ordinance, to challenge the legality of ABX1 26
and ABX1 27; and
WHEREAS, to the extent a court of competent jurisdiction enjoins, restrains,
or grants a stay on the effectiveness of the Alternative Redevelopment Program's
payment obligation of ABX1 26 and ABX1 27, the City shall not be obligated to
make any community remittance for the duration of such injunction, restraint, or
stay; and
WHEREAS, the City is the lead agency concerning this Ordinance pursuant to
the California Environmental Quality Act (codified as Public Resources Code Section
21000 et seq) ( "CEQA ") and the State CEQA Guidelines; and
WHEREAS, City staff has determined that this Ordinance is exempt from CEQA,
pursuant to CEQA Guidelines Section 15378(b)(4), because the community remittances
authorized hereunder are a government funding mechanism and fiscal activity, and do
not involve any commitment to any specific project that may result in a potentially
significant environmental impact; and
WHEREAS, all other legal prerequisites to the adoption of this Ordinance
have occurred;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Recitals. The Recitals set forth above are true and correct and
incorporated herein.
SECTION 2. Participation in the Alternative Redevelopment Program. In
accordance with Health and Safety Code SECTION 34193, and based on the Recitals
set forth above, the City Council hereby determines that the City shall comply with the
provisions of Part 1.9 of Division 24 of the Health and Safety Code, as enacted by
ABX1 27.
SECTION 3. Payment under Protest. Except as set forth in SECTION 4 below,
the City Council hereby determines that the City shall make the community remittances
set forth in Health and Safety Code SECTION 34194 et seq.
Honorable City Council
Honorable Board of Directors
September 7, 2011
Page 21
SECTION 4. Effect of Stay or Determination of Invalidity. City shall not make
any community remittance while the Supreme Court's order staying the effectiveness of
ABX1 27 is in effect. City shall also not make such remittance in the event a court of
competent jurisdiction determines that ABX1 26 and ABX1 27 are unconstitutional and
therefore invalid, and all appeals therefrom are exhausted or unsuccessful, or time for
filing an appeal therefrom has lapsed. Any community remittance made following
dissolution of the Supreme Court's order staying the effectiveness of ABX1 27 but
before a final determination in the matter giving rise to the stay shall be made under
protest and without prejudice to the City's right to recover such amount and interest
thereon in the event that there is a final determination that ABX1 26 and ABX1 27 are
unconstitutional. If there is a final determination that ABX1 26 and ABX1 27 are
invalid, this Ordinance shall be deemed to be null and void and of no further force or
effect.
SECTION 5. Implementation. The City Council hereby authorizes and directs
the City Manager to take any action and execute any documents necessary to
implement this Ordinance, including but not limited to notifying the Ventura County
Auditor - Controller, the Controller of the State of California, and the California
Department of Finance of the adoption of this Ordinance and the City's agreement to
comply with the provisions of Part 1.9 of Division 24 of the Health and Safety Code, as
set forth in ABX1 27.
SECTION 6. Additional Understandings and Intent. It is the understanding and
intent of the City Council that, once the Agency is again authorized to enter into
agreements under the CRL, the City will enter into an agreement with the Agency as
authorized pursuant to SECTION 34194.2. The City Council does not intend, by
enactment of this Ordinance, to pledge any of its general fund revenues or assets to
make the remittance payments.
SECTION 7. CEQA. The City Council finds, under Title 14 of the California
Code of Regulations, SECTION 15378(b)(4), that this Ordinance is exempt from the
requirements of the California Environmental Quality Act ( "CEQA ") in that it is not a
"project," but instead consists of the creation and continuation of a governmental
funding mechanism for potential future projects and programs, and does not commit
funds to any specific project or program that may result in a potentially significant
environmental impact.
SECTION 8. Notice of Exemption. The City Council hereby authorizes and
directs that a Notice of Exemption be filed with the County Clerk of the County of
Ventura, California, in accordance with CEQA Guidelines.
SECTION 9. Custodian of Records. The documents and materials that
constitute the record of proceedings on which these findings are based are located at
Honorable City Council
Honorable Board of Directors
September 7, 2011
Page 22
the City Clerk's office located at City Hall, 799 Moorpark Avenue, Moorpark, California
93021. The custodian for these records is the City Clerk.
SECTION 10. Severability. If any provision of this Ordinance or the
application thereof to any person or circumstance is held invalid, such invalidity shall not
affect other provisions or applications of this Ordinance which can be given effect
without the invalid provision or application, and to this end the provisions of this
Ordinance are severable. The City Council hereby declares that it would have adopted
this Ordinance irrespective of the invalidity of any particular portion thereof.
SECTION 11. Findings. The adoption of this Ordinance is necessary for
the immediate protection of the public peace, health and safety. In accordance with
California Government Code SECTION 36937 and in order to protect the public peace,
health and safety, the City Council of the City of Moorpark finds and determines as
follows:
(a) ABX1 26 prohibits agencies from taking numerous actions, until the City
Council adopts an ordinance agreeing to comply with Part 1.9 of Division 24 of the
Health and Safety Code, including but not limited to incurring any new monetary or legal
obligations or expanding any existing monetary or legal obligations, entering into
agreements with any person for any purpose or amending or modifying any existing
agreements and taking any action with respect to a redevelopment plan;
(b) Prior to the enactment of an ordinance agreeing to comply with Part 1.9 of
Division 24 of the Health and Safety Code, the Agency will be unable to continue efforts
to eliminate and prevent blight, provide affordable housing, stimulate and expand
economic growth within the Project, create and develop local job opportunities and
alleviate deficiencies in public infrastructure;
(c) Blighting conditions within the Project constitute threats to public peace,
health and safety, that cannot be eliminated without Agency action, including but not
limited to the use of Agency funds and authorization of redevelopment projects and
programs;
(d) During the current economic crisis, the Agency must have the ability to act
and continue the efforts set forth in (b) above. The Agency must have all tools available
in order to eliminate and prevent blighting conditions, including implementation of the
Agency's economic development, public improvement and affordable housing
programs; and
(e) The Agency is actively engaged in efforts to rehabilitate housing units, to
provide assistance for property improvements, to improve and correct inadequate and
unsafe infrastructure, and to provide safe and affordable housing. Adoption of this
Urgency Ordinance will permit the Agency to continue these efforts immediately.
, s7
Honorable City Council
Honorable Board of Directors
September 7, 2011
Page 23
SECTION 12. Effective Date. The City Council hereby declares, on the basis of
the findings set forth above, that an emergency exists and that this Ordinance is
necessary to preserve the public peace, health and safety. Accordingly, this Ordinance
is adopted as an urgency ordinance and shall take effect and be in force immediately
upon its introduction and adoption on September 7, 2011, or on the date the Supreme
Court of California issues an order or decision that has the effect of dissolving or
mooting the stay of ABX1 27, whichever is later.
SECTION 13. Publication. The City Clerk shall certify to the passage and adoption
of this ordinance; shall enter the same in the book of original ordinances of said City; shall
make a minute of the passage and adoption thereof in the records of the proceedings of
the City Council at which the same is passed and adopted; and shall publish notice of
adoption in the manner required by law.
PASSED AND ADOPTED at a regular meeting of the City Council this 7 I day of
September, 2011.
Janice S. Parvin, Mayor
ATTEST:
Maureen Benson, City Clerk
Honorable City Council
Honorable Board of Directors
September 7, 2011
Page 24
ORDINANCE NO.
ATTACHMENT 3
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, DETERMINING TO COMPLY WITH THE
ALTERNATIVE VOLUNTARY REDEVELOPMENT PROGRAM
PURSUANT TO PART 1.9 OF DIVISION 24 OF THE CALIFORNIA
HEALTH AND SAFETY CODE IN ORDER TO PERMIT THE
CONTINUED EXISTENCE AND OPERATION OF THE
REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK
WHEREAS, the Redevelopment Agency of the City of Moorpark ( "Agency ") is a
redevelopment agency organized and existing under the California Community
Redevelopment Law (Health & Safety Code § 33000 et seq.) ( "CRL ") and has been
authorized to transact business and exercise the powers of a redevelopment agency
pursuant to action of the City Council of the City of Moorpark ( "City Council" or "City," as
applicable); and
WHEREAS, pursuant to the CRL, the voters of the City of Moorpark approved
and adopted via Ordinance No. 110 a Redevelopment Plan ( "Redevelopment Plan ") for
the Moorpark Redevelopment Project Area ( "Project "), which Redevelopment Plan was
amended by the voters via Ordinance No. 111 and amended by the City Council via
Ordinance No. 369, and the Agency is vested with the responsibility for implementing
and carrying out the Redevelopment Plan; and
WHEREAS, the Agency is currently in the process of carrying out the goals and
objectives of each Redevelopment Plan by continuing to: eliminate blight; increase, improve,
and preserve the supply of affordable housing in the community; stimulate and expand
economic growth and employment opportunities by revitalizing properties and businesses
within each Project, and alleviate deficiencies in public infrastructure; and
WHEREAS, in connection with approval and adoption of the State Budget for
Fiscal Year 2011 -12, the California Legislature has approved, and the Governor has
signed (i) ABX1 26 ( Stats. 2011, chap. 5, "ABX1 26 "), which immediately, and
purportedly retroactively, suspends all otherwise legal redevelopment activities and
incurrence of indebtedness, and dissolves redevelopment agencies effective October 1,
2011 (the "Dissolution Act "); and (ii) ABX1 27 ( Stats. 2011, chap. 6, "ABX1 27 "), which
allows communities to avoid the consequences of the Dissolution Act and continue their
redevelopment agency if the community enacts an ordinance agreeing to comply with
the alternative voluntary redevelopment program described in Section 2 of ABX1 27
adding Part 1.9 (commencing with section 34192) of Division 24 of the Health and
Safety Code (the "Alternative Redevelopment Program "); and
Honorable City Council
Honorable Board of Directors
September 7, 2011
Page 25
WHEREAS, the immediate suspension of activities and dissolution of the
Agency under the provisions of ABX1 26 would result in the immediate suspension
of Agency efforts and programs to eliminate blight, provide affordable housing,
provide economic assistance to businesses, and implement other programs which
are assisting in the recovery of the City from the financial crisis and recession
currently affecting the City and the State of California and thereby result in severe
and unwarranted social and economic hardship to City residents, workers and
businesses; and
WHEREAS, because the City Council does not wish to immediately suspend
activities of the Agency and wishes to continue to eliminate blight and promote
economic development and affordable housing, the City Council has determined it
is in the public interest of the City to take immediate action to participate in the
ABX1 27 Alternative Redevelopment Program; and
WHEREAS, the Alternative Redevelopment Program requires the participating
communities to remit specific annual payments to the county auditor - controller for
allocation to school entities and special districts; and
WHEREAS, under the threat of dissolution pursuant to ABX1 26, and upon
the contingencies and reservations set forth herein, the City shall participate in the
Alternative Redevelopment Program and make the Fiscal Year 2011 -2012
community remittance, which the California state Department of Finance has
determined to be One Million Six Hundred Six Thousand Five Hundred Sixty Nine
Dollars ($1,606,569), as well as the subsequent annual community remittances as
set forth in ABX1 27; and
WHEREAS, the City reserves the right to appeal the California Director of
Finance's determination of the Fiscal Year 2011 -12 community remittance, as
provided in Health and Safety Code Section 34194; and
WHEREAS, an action challenging the constitutionality of ABX1 26 and
ABX1 27 was filed by the League of California Cities and the California
Redevelopment Association on behalf of cities, counties and redevelopment
agencies; and
WHEREAS, in connection with that action, on August 11, 2011, the Supreme
Court of California issued an order staying the effectiveness of ABX1 27; and
WHEREAS, the order issued by the Supreme Court did not address the
means by which a City would opt to participate in the Alternative Redevelopment
Program if the order were to be dissolved at some point after the cut -off dates set
forth in ABX1 27; and
Honorable City Council
Honorable Board of Directors
September 7, 2011
Page 26
WHEREAS, while the City currently intends to make the community
remittances, they shall be made under protest and without prejudice to the City's
right to recover such amounts and interest thereon, in the event that there is a final
determination that ABX1 26 and ABX1 27 are unconstitutional; and
WHEREAS, the City reserves the right, regardless of any community
remittance made pursuant to this Ordinance, to challenge the legality of ABX1 26
and ABX1 27; and
WHEREAS, to the extent a court of competent jurisdiction enjoins, restrains,
or grants a stay on the effectiveness of the Alternative Redevelopment Program's
payment obligation of ABX1 26 and ABX1 27, the City shall not be obligated to
make any community remittance for the duration of such injunction, restraint, or
stay; and
WHEREAS, the City is the lead agency concerning this Ordinance pursuant to
the California Environmental Quality Act (codified as Public Resources Code Section
21000 et seq) ( "CEQA ") and the State CEQA Guidelines; and
WHEREAS, City staff has determined that this Ordinance is exempt from CEQA,
pursuant to CEQA Guidelines Section 15378(b)(4), because the community remittances
authorized hereunder are a government funding mechanism and fiscal activity, and do
not involve any commitment to any specific project that may result in a potentially
significant environmental impact; and
WHEREAS, all other legal prerequisites to the adoption of this Ordinance
have occurred;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Recitals. The Recitals set forth above are true and correct and
incorporated herein,
SECTION 2. Participation in the Alternative Redevelopment Program. In
accordance with Health and Safety Code SECTION 34193, and based on the Recitals
set forth above, the City Council hereby determines that the City shall comply with the
provisions of Part 1.9 of Division 24 of the Health and Safety Code, as enacted by
ABX1 27.
SECTION 3. Payment under Protest. Except as set forth in SECTION 4, below,
the City Council hereby determines that the City shall make the community remittances
set forth in Health and Safety Code SECTION 34194 et seq.
Honorable City Council
Honorable Board of Directors
September 7, 2011
Page 27
SECTION 4. Effect of Stay or Determination of Invalidity. City shall not make
any community remittance while the Supreme Court's order staying the effectiveness of
ABX1 27 is in effect. City shall also not make such remittance in the event a court of
competent jurisdiction determines that ABX1 26 and ABX1 27 are unconstitutional and
therefore invalid, and all appeals therefrom are exhausted or unsuccessful, or time for
filing an appeal therefrom has lapsed. Any community remittance made following
dissolution of the Supreme Court's order staying the effectiveness of ABX1 27 but
before a final determination in the matter giving rise to the stay shall be made under
protest and without prejudice to the City's right to recover such amount and interest
thereon in the event that there is a final determination that ABX1 26 and ABX1 27 are
unconstitutional. If there is a final determination that ABX1 26 and ABX1 27 are
invalid, this Ordinance shall be deemed to be null and void and of no further force or
effect.
SECTION 5. Implementation. The City Council hereby authorizes and directs
the City Manager to take any action and execute any documents necessary to
implement this Ordinance, including but not limited to notifying the Ventura County
Auditor - Controller, the Controller of the State of California, and the California
Department of Finance of the adoption of this Ordinance and the City's agreement to
comply with the provisions of Part 1.9 of Division 24 of the Health and Safety Code, as
set forth in ABX1 27.
SECTION 6. Additional Understandings and Intent. It is the understanding and
intent of the City Council that, once the Agency is again authorized to enter into
agreements under the CRL, the City will enter into an agreement with the Agency as
authorized pursuant to SECTION 34194.2. The City Council does not intend, by
enactment of this Ordinance, to pledge any of its general fund revenues or assets to
make the remittance payments.
SECTION 7. CEQA. The City Council finds, under Title 14 of the California
Code of Regulations, SECTION 15378(b)(4), that this Ordinance is exempt from the
requirements of the California Environmental Quality Act ( "CEQA ") in that it is not a
"project," but instead consists of the creation and continuation of a governmental
funding mechanism for potential future projects and programs, and does not commit
funds to any specific project or program that may result in a potentially significant
environmental impact.
SECTION 8. Notice of Exemption. The City Council hereby authorizes and
directs that a Notice of Exemption be filed with the County Clerk of the County of
Ventura, California, in accordance with CEQA Guidelines.
SECTION 9. Custodian of Records. The documents and materials that
constitute the record of proceedings on which these findings are based are located at
Honorable City Council
Honorable Board of Directors
September 7, 2011
Page 28
the City Clerk's office located at City Hall, 799 Moorpark Avenue, Moorpark, California
93021. The custodian for these records is the City Clerk.
SECTION 10. Severability. If any provision of this Ordinance or the application
thereof to any person or circumstance is held invalid, such invalidity shall not affect
other provisions or applications of this Ordinance which can be given effect without the
invalid provision or application, and to this end the provisions of this Ordinance are
severable. The City Council hereby declares that it would have adopted this Ordinance
irrespective of the invalidity of any particular portion thereof.
SECTION 11. Effective Date. This Ordinance shall become effective either thirty
(30) days from adoption of this Ordinance or on the date the Supreme Court of
California issues an order or decision that has the effect of dissolving or mooting the
stay of ABX1 27, whichever is later.
SECTION 12. Publication. The City Clerk shall certify to the passage and adoption
of this ordinance; shall enter the same in the book of original ordinances of said City; shall
make a minute of the passage and adoption thereof in the records of the proceedings of
the City Council at which the same is passed and adopted; and shall publish notice of
adoption in the manner required by law.
PASSED AND ADOPTED by the City Council this 14th day of September, 2011.
Janice S. Parvin, Mayor
ATTEST:
Maureen Benson, City Clerk
Honorable City Council
Honorable Board of Directors
September 7, 2011
Page 29
RESOLUTION NO.
ATTACHMENT 4
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK,
CALIFORNIA AUTHORIZING THE CITY MANAGER TO EXECUTE A
REMITTANCE AGREEMENT WITH THE REDEVELOPMENT AGENCY
OF THE CITY OF MOORPARK PURSUANT TO HEALTH AND SAFETY
CODE SECTION 34194.2
WHEREAS, Assembly Bill X1 27 ( "AB 27 ") was passed by the State Legislature
on June 15, 2011 and signed by the Governor on June 29, 2011; and
WHEREAS, upon enactment, AB 27 is to be codified as Part 1.9 of the California
Health and Safety Code, commencing with Section 34192 ( "Part 1.9 "); and
WHEREAS, AB 27 establishes a voluntary alternative redevelopment program
whereby the City may choose to continue redevelopment pursuant to Part 1.9, upon the
enactment of an ordinance by the City to comply with the provisions of Part 1.9 and
make certain remittances described in Health and Safety Code Section 34194 to the
county auditor - controller; and
WHEREAS, the City Council of the City of Moorpark (the "City Council ") has
introduced an ordinance for adoption that will comply with Part 1.9 (the "Ordinance ");
and
WHEREAS, pursuant to the Ordinance, the City Council will commit to comply
with and make the remittances required by Part 1.9 and authorize the continuation of
the Agency after enactment of AB 27; and
WHEREAS, pursuant to Section 34194.1, in making remittances to the county
auditor - controller pursuant 10 Section 34194 or 34194.5, the City may use any available
funds not otherwise obligated for other uses; and
WHEREAS, pursuant to Section 34194.2, the City may enter into an agreement
( "Agreement ") with the Agency, whereby the Agency will transfer a portion of its tax
increment to the City, in an amount not to exceed the annual remittance required that
year pursuant to Chapter 3 of Part 1.9, for the purpose of financing activities within the
redevelopment area that are related to accomplishing the redevelopment agency project
goals; and
WHEREAS, the purpose of an Agreement is to provide for the transfer of funds
by the Agency to the City in an amount sufficient for the City to make the remittances
required by Part 1.9., with net available tax increment in this current fiscal year and
forthcoming fiscal years; and
Honorable City Council
Honorable Board of Directors
September 7, 2011
Page 30
WHEREAS, the term "Net Available Tax Increment" is defined as any tax
increment funds allocated to the Agency, net of existing debt service payments and
existing third -party contractual obligations, not including any funds on deposit in the
Agency's Low and Moderate Income Housing Fund , and also not including any portion
of tax increment funds to be allocated to the Low and Moderate Income Housing Fund
pursuant to Health and Safety Code Section 33334.2, 33334.4 and 33334.6 for the
2011 -12 fiscal year only, to the extent the Agency makes a finding that there are
insufficient other moneys to meet its debt and other obligations, current priority program
needs or its obligation to transfer funds to the City under Section 341 94.2 as provided
in the Agreement; and
WHEREAS, the obligations of the Agency under the Agreement shall constitute
an indebtedness of the Agency for the purpose of carrying out the redevelopment plan
for each of the Agency's redevelopment project areas.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Manager, or his designee, is hereby authorized to execute,
upon the effective date of an ordinance that complies with Part 1.9 of the California
Health and Safety Code, a Remittance Agreement with the Redevelopment Agency of
the City of Moorpark in the form presented at the meetings of the City Council and
Redevelopment Agency of the City of Moorpark on September 7, 2011.
SECTION 2. The City Clerk 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 day of September, 2011.
Janice S. Parvin, Mayor
ATTEST:
Maureen Benson, City Clerk
Honorable City Council
Honorable Board of Directors
September 7, 2011
Page 31
RESOLUTION NO.
ATTACHMENT 5
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK REDUCING ITS ALLOCATION TO THE LOW AND
MODERATE INCOME HOUSING FUND FOR THE 2011 -12 FISCAL
YEAR AND MAKING CERTAIN FINDINGS AND DETERMINATIONS
WHEREAS, Sections 33334.2 and 33334.3 of California's Community
Redevelopment Law [Health & Safety Code § §33000, et seq.] ( "CRL ") require the
Redevelopment Agency of the City of Moorpark (Agency) to use 20 percent of taxes
allocated to the Agency pursuant to Section 33670 of the CRL ( "Tax Increment ") for the
purpose of increasing, improving, and preserving the community's supply of low and
moderate income housing and to hold such funds in a separate Low and Moderate
Income Housing Fund until used ( "Low and Moderate Income Housing Fund "); and
WHEREAS, Assembly Bill x1 27 ( "AB 27 ") was passed by the State Legislature
on June 15, 2011; and
WHEREAS, AB 27, if enacted, would be codified as Part 1.9 of the California
Health and Safety Code (" Part 1.9 "); and
WHEREAS, AB 27, if enacted, would, upon the enactment of specified legislation
concerning redevelopment, establish a voluntary alternative redevelopment program
whereby the Agency would be authorized to continue to exist upon the enactment of an
ordinance by the City of Moorpark ( "City ") to comply with the provisions of Part 1.9,
including payment of an annual remittance to the County Auditor - Controller
( "Remittance Ordinance "); and
WHEREAS, AB 27, if enacted, would authorize the Agency to enter into an
agreement with the City whereby the Agency would transfer a portion of its Tax
Increment to the City in an amount not to exceed the amount of the City's annual
remittance to the County Auditor - Controller ( "Remittance Agreement "); and
WHEREAS, AB 27, if enacted, would authorize the Agency to reduce its
allocation of Tax Increment to the Low and Moderate Income Housing Fund for the
2011 -2012 Fiscal Year if the City complies with the provisions of Part 1.9 and the
Agency finds that there are insufficient other moneys to meet its debt and other
obligations, current priority program needs or its obligations under the Remittance
Agreement; and
WHEREAS, The Council has reviewed and duly considered the Staff Report,
documents and other written evidence presented at the meeting and believes that it will
be in the best interests of the City and the health, safety, morals and welfare of its
Honorable City Council
Honorable Board of Directors
September 7, 2011
Page 32
residents, and in accord with the public purposes and provisions of applicable state and
local law and requirements to reduce its allocation of Tax Increment to the Low and
Moderate Income Housing Fund for the 2011 -2012 Fiscal Year by $350,000
( "Allocation Reduction "); and
WHEREAS, All other legal prerequisites to the adoption of this Resolution have
occurred; and
WHEREAS, The Council has received and heard all oral and written objections
pertaining to this matter, and all such oral and written objections are hereby overruled.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The Council hereby finds and determines that the foregoing recitals
are true and correct.
SECTION 2. Based upon evidence in the record, the Council finds that there are
insufficient other moneys to meet its debt and other obligations, current priority program
needs or its obligations under the Remittance Agreement.
SECTION 3. The Council finds and determines that it is necessary to implement
the Allocation Reduction for the 2011 -2012 Fiscal Year.
SECTION 4. The City Manager, or designee, is hereby authorized to take such
actions as are necessary and appropriate to carry out and implement the Allocation
Reduction for the 2011 -2012 Fiscal Year upon the City's enactment of the VARP
Ordinance.
SECTION 5. This Resolution shall take effect immediately upon its adoption.
SECTION 6. The City Clerk 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 day of September, 2011.
E. frV
Honorable City Council
Honorable Board of Directors
September 7, 2011
Page 33
Janice S. Parvin, Mayor
ATTEST:
Maureen Benson, City Clerk
Honorable City Council
Honorable Board of Directors
September 7, 2011
Page 34
RESOLUTION NO.
ATTACHMENT 6
RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF
MOORPARK, CALIFORNIA AUTHORIZING THE AGENCY CHAIR TO
EXECUTE A REMITTANCE AGREEMENT WITH THE CITY OF
MOORPARK PURSUANT TO HEALTH AND SAFETY CODE SECTION
34194.2
WHEREAS, Assembly Bill X1 27 ( "AB 27 ") was passed by the State Legislature
on June 15, 2011 and signed by the Governor on June 29, 2011; and
WHEREAS, upon enactment, AB 27 is to be codified as Part 1.9 of the California
Health and Safety Code, commencing with Section 34192 ( "Part 1.9 "); and
WHEREAS, AB 27 establishes a voluntary alternative redevelopment program
whereby the City may choose to continue redevelopment pursuant to Part 1.9, upon the
enactment of an ordinance by the City to comply with the provisions of Part 1.9 and
make certain remittances described in Health and Safety Code Section 34194 to the
county auditor - controller; and
WHEREAS, the City Council of the City of Moorpark (the "City Council ") has
introduced an ordinance for adoption that will comply with Part 1.9 (the "Ordinance ");
and
WHEREAS, pursuant to the Ordinance, the City Council will commit to comply
with and make the remittances required by Part 1.9 and authorize the continuation of
the Agency after enactment of AB 27; and
WHEREAS, pursuant to Section 34194.1, in making remittances to the county
auditor - controller pursuant 10 Section 34194 or 34194.5, the City may use any available
funds not otherwise obligated for other uses; and
WHEREAS, pursuant to Section 34194.2, the City may enter into an agreement
( "Agreement ") with the Agency, whereby the Agency will transfer a portion of its tax
increment to the City, in an amount not to exceed the annual remittance required that
year pursuant to Chapter 3 of Part 1.9, for the purpose of financing activities within the
redevelopment area that are related to accomplishing the redevelopment agency project
goals; and
WHEREAS, the purpose of an Agreement is to provide for the transfer of funds
by the Agency to the City in an amount sufficient for the City to make the remittances
r ' C 4
Honorable City Council
Honorable Board of Directors
September 7, 2011
Page 35
required by Part 1.9., with net available tax increment in this current fiscal year and
forthcoming fiscal years; and
WHEREAS, the term "Net Available Tax Increment" is defined as any tax
increment funds allocated to the Agency, net of existing debt service payments and
existing third -party contractual obligations, not including any funds on deposit in the
Agency's Low and Moderate Income Housing Fund , and also not including any portion
of tax increment funds to be allocated to the Low and Moderate Income Housing Fund
pursuant to Health and Safety Code Section 33334.2, 33334.4 and 33334.6 for the
2011 -12 fiscal year only, to the extent the Agency makes a finding that there are
insufficient other moneys to meet its debt and other obligations, current priority program
needs or its obligation to transfer funds to the City under Section 341 94.2 as provided
in the Agreement; and
WHEREAS, the obligations of the Agency under the Agreement shall constitute
an indebtedness of the Agency for the purpose of carrying out the redevelopment plan
for each of the Agency's redevelopment project areas.
NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF
MOORPARK DOES HEREBY RESOLVE AS FOLLOWS.-
SECTION 1. The Executive Director, or his designee, is hereby authorized to
execute, upon the effective date of an ordinance that complies with Part 1.9 of the
California Health and Safety Code, a Remittance Agreement with the City of Moorpark
in the form presented at the meetings of the City Council and Redevelopment Agency of
the City of Moorpark on September 7, 2011.
SECTION 2. The Executive 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 day of September, 2011.
Janice S. Parvin, Chair
ATTEST:
Maureen Benson, Executive Secretary
Honorable City Council
Honorable Board of Directors
September 7, 2011
Page 36
RESOLUTION NO.
ATTACHMENT 7
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY
OF MOORPARK REDUCING ITS ALLOCATION TO THE LOW AND
MODERATE INCOME HOUSING FUND FOR THE 2011 -12 FISCAL
YEAR AND MAKING CERTAIN FINDINGS AND DETERMINATIONS
WHEREAS, Sections 33334.2 and 33334.3 of California's Community
Redevelopment Law (Health & Safety Code § §33000, et seq.] ( "CRL ") require the
Redevelopment Agency of the City of Moorpark (Agency) to use 20 percent of taxes
allocated to the Agency pursuant to Section 33670 of the CRL ( "Tax Increment ") for the
purpose of increasing, improving, and preserving the community's supply of low and
moderate income housing and to hold such funds in a separate Low and Moderate
Income Housing Fund until used ( "Low and Moderate Income Housing Fund ") and
WHEREAS, Assembly Bill x1 27 ( "AB 27 ") was passed by the State Legislature
on June 15, 2011 and
WHEREAS, AB 27, if enacted, would be codified as Part 1.9 of the California
Health and Safety Code (" Part 1.9 ") and
WHEREAS, AB 27, if enacted, would, upon the enactment of specified legislation
concerning redevelopment, establish a voluntary alternative redevelopment program
whereby the Agency would be authorized to continue to exist upon the enactment of an
ordinance by the City of Moorpark ( "City ") to comply with the provisions of Part 1.9,
including payment of an annual remittance to the County Auditor- Controller
( "Remittance Ordinance ") and
WHEREAS, AB 27, if enacted, would authorize the Agency to enter into an
agreement with the City whereby the Agency would transfer a portion of its Tax
Increment to the City in an amount not to exceed the amount of the City's annual
remittance to the County Auditor - Controller ( "Remittance Agreement ") and
WHEREAS, AB 27, if enacted, would authorize the Agency to reduce its
allocation of Tax Increment to the Low and Moderate Income Housing Fund for the
2011 -2012 Fiscal Year if the City complies with the provisions of Part 1.9 and the
Agency finds that there are insufficient other moneys to meet its debt and other
obligations, current priority program needs or its obligations under the Remittance
Agreement and
WHEREAS, The Agency has reviewed and duly considered the Staff Report,
documents and other written evidence presented at the meeting and believes that it will
Honorable City Council
Honorable Board of Directors
September 7, 2011
Page 37
be in the best interests of the Agency and the health, safety, morals and welfare of its
residents, and in accord with the public purposes and provisions of applicable state and
local law and requirements to reduce its allocation of Tax Increment to the Low and
Moderate Income Housing Fund for the 2011 -2012 Fiscal Year by $350,000
( "Allocation Reduction ") and
WHEREAS, All other legal prerequisites to the adoption of this Resolution have
occurred and
WHEREAS, The Agency has received and heard all oral and written objections
pertaining to this matter, and all such oral and written objections are hereby overruled
and
NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF
MOORPARK DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The Agency hereby finds and determines that the foregoing recitals
are true and correct.
SECTION 2. Based upon evidence in the record, the Agency finds that there are
insufficient other moneys to meet its debt and other obligations, current priority program
needs or its obligations under the Remittance Agreement.
SECTION 3. The Agency finds and determines that it is necessary to implement
the Allocation Reduction for the 2011 -2012 Fiscal Year.
SECTION 4. The Executive Director, or designee, is hereby authorized to take
such actions as are necessary and appropriate to carry out and implement the
Allocation Reduction for the 2011 -2012 Fiscal Year upon the City's enactment of the
VARP Ordinance.
SECTION 5. This Resolution shall take effect immediately upon its adoption.
SECTION 6. The Executive 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 day of September, 2011.
Honorable City Council
Honorable Board of Directors
September 7, 2011
Page 38
Janice S. Parvin, Chair
ATTEST:
Maureen Benson, Executive Secretary
ATTACHMENT 8
REMITTANCE AGREEMENT
PURSUANT TO
CALIFORNIA HEALTH AND SAFETY CODE SECTION 34194.2
THIS REMITTANCE AGREEMENT (this "Agreement ") is entered into this 7th day
of September, 2011 , by and between the CITY OF MOORPARK, a municipal
corporation ( "City ") and the REDEVELOPMENT AGENCY OF THE CITY OF
MOORPARK, a public body, corporate and politic (the "Agency "), with reference to the
following facts:
A. The Agency is responsible for implementing the Redevelopment Plan(s)
for the Moorpark Redevelopment Project ( "Redevelopment Plan ") covering certain
properties within the City ( "Project Area ").
B. Assembly Bill No. x1 26 ( "AB 26 ") and Assembly Bill No. x1 27 ( "AB 27 ")
were passed by the State Legislature on June 15, 2011 and signed by the Governor on
June 29, 2011.
C. AB 26 requires that each redevelopment agency be dissolved unless,
pursuant to AB 27 (to be codified as Part 1.9 of the California Health and Safety Code,
commencing with Section 34192), the community that created it enacts an ordinance
committing it to participate in what is commonly known as the voluntary alternative
redevelopment program and to make certain statutorily- specified payments described in
Health and Safety Code Section 34194 to the County Auditor - Controller ( "Alternative
Redevelopment Program" or "Program ").
D. The City Council of the City of Moorpark (the "City Council ") has adopted
an urgency ordinance and a regular ordinance to comply with AB 27 and participate in
the Alternative Redevelopment Program (the "Ordinance ").
E. An action challenging the constitutionality of AB 26 and AB 27 has
been filed on behalf of cities, counties and redevelopment agencies and is being
litigated by the League of California Cities and California Redevelopment
Association, and the Supreme Court of the State of California has stayed, in part,
the effect of AB 26 and AB 27.
F. Pursuant to the Ordinance, the City has committed to make the
remittances required by the Alternative Redevelopment Program, to otherwise comply
with the Program's requirements and, in doing so, to authorize the continuation of the
Agency after enactment of AB 26 and AB 27.
G. The City has committed to make the remittances under protest and
without prejudice to the City's right to recover such amounts and interest thereon in the
event there is a final determination by the Supreme Court that AB 26 and AB 27 are
invalid.
H. Notwithstanding the Supreme Court's order staying the effectiveness
of AB 26 and AB 27, the City and Agency desire to prepare for the Supreme Court's
ultimate determination on the merits of the litigation and to be prepared for
continued operation of the Agency if AB 26 and AB 27 are found to be a valid
exercise of the State Legislature's power.
I. Execution of this Agreement will allow the City and Agency to continue
redevelopment activities immediately upon the Supreme Court's determination on
the merits of the litigation, or upon its lifting of the stay as to AB 26 and AB 27,
should either take place.
J. In the event the Supreme Court issues a final determination that AB 26
and AB 27 are invalid, this Agreement shall be null and void and of no further force or
effect, as the City has already determined that the Ordinance shall be deemed to be null
and void and of no further force or effect in such event.
K. Unless and until AB 26 and AB 27 are invalidated, the City, pursuant to
Section 34194.1, may use any available funds not otherwise obligated for other uses in
making remittances to the County Auditor- Controller pursuant to Section 34194 or
34194.5.
L. Pursuant'to Section 34194.2, the City may enter into an agreement with
the Agency, whereby the Agency will transfer a portion of the taxes allocated to it
pursuant to Health and Safety Code Section 33670 ( "Tax Increment ") to the City, in an
amount not to exceed the annual remittance required that year pursuant to Chapter 3 of
Part 1.9, for the purpose of financing activities within the redevelopment area that are
related to accomplishing Agency project goals ( "City Remittances ").
M. The purpose of this Agreement is to provide for the foregoing transfer of
Tax Increment funds, should the Supreme Court uphold the validity of AB 26 and AB 27,
in this current fiscal year and forthcoming fiscal years, in amounts sufficient to pay the
annual City Remittances required by the Alternative Redevelopment Program and to
allow the City to undertake projects, programs and activities related to the Agency's
project goals, including the administrative costs of undertaking those projects,
programs, and activities.
N. The obligations of the Agency under this Agreement shall constitute an
indebtedness of the Agency for the purpose of carrying out the Redevelopment Plan(s)
for the Project Area(s).
O. As further stated in the Ordinance, the City reserves the right, whether any
City Remittance has been paid, to challenge the legality of AB 26 and AB 27.
NOW, THEREFORE, the parties hereto do mutually agree as follows:
INTRODUCTORY PROVISIONS
The recitals above are an integral part of this Agreement and set forth the
intentions of the parties and the premises on which the parties have decided to enter
into this Agreement.
O
OBLIGATIONS OF THE PARTIES
1. The Agency shall transfer to the City in a timely manner Tax Increment or
any other available funds in an amount sufficient for the City to make the City
Remittances required by the Alternative Redevelopment Program. The amount to be
transferred to the City shall equal the entire amount determined by the State Director of
Finance to be the City's obligation under the Program, subject to the City's right to
appeal the amount of remittance to the Director pursuant to the Program. The City and
Agency agree that if Agency does not have sufficient Tax Increment or other funds
available to make the full City Remittance required in any fiscal year, City shall have no
obligation to use City funds for such purpose, in which case the Agency may be
deemed to be dissolved under Health and Safety Code Section 34195. Notwithstanding
the foregoing, Agency shall have no obligation to transfer any monies under this Section
2.1 for the duration of the Supreme Court's stay.
2. Subject to the timely receipt from the Agency of Tax Increment or other
funds sufficient to make the annual City Remittances required by the Program, the City
shall pay to the Ventura County Auditor - Controller, no later than January 15 and May 15
of each year, one -half of the City Remittance amount due for each fiscal year while this
Agreement is in effect. The City's obligation to make such City Remittance payments
shall be a special limited fund obligation of the City payable solely from Tax Increment
or other available . funds paid to the City by the Agency pursuant to this Agreement.
Nothing contained in this Agreement shall be deemed to be a pledge of the City's
general fund revenues or any other assets to pay the City Remittances for any fiscal
year. Notwithstanding the foregoing, City shall have no obligation to transfer any
monies under this Section 2.2 for the duration of the Supreme Court's stay.
TERMINATION
This Agreement shall be deemed null and void if AB 26 and /or AB 27 are
determined by a court of competent jurisdiction to be unconstitutional, illegal, invalid or
otherwise unenforceable or inapplicable, for any reason or in any manner.
Notwithstanding the foregoing or any other provision of this Agreement, either the City
or the Agency may terminate this Agreement at any time, for any reason or no reason,
by written notice to the other party.
IV. LIABILITY AND INDEMNIFICATION
In contemplation of the provisions of California Government Code section 895.2
imposing certain tort liability jointly upon public entities solely by reason of such entities
being parties to an agreement as defined by Government Code section 895, the parties
hereto, as between themselves, pursuant to the authorization contained in Government
Code sections 895.4 and 895.6, shall each assume the full liability imposed upon it, or
any of its officers, agents or employees, by law for injury caused by negligent or
wrongful acts or omissions occurring in the performance of this Agreement to the same
extent that such liability would be imposed in the absence of Government Code section
895.2. To achieve the above - stated purpose, each party indemnifies, defends and
holds harmless the other party for any liability, losses, cost or expenses that may be
incurred by such other party solely by reason of Government Code section 895.2.
V. ENTIRE AGREEMENT; WAIVERS; AND AMENDMENTS
1. This Agreement shall be executed in duplicate originals, each of which is
deemed to be an original. This Agreement constitutes the entire understanding and
agreement of the parties, and supersedes all negotiations or previous agreements
between the parties with respect to the subject matter of this Agreement.
2. This Agreement is intended solely for the benefit of the City and the
Agency. Notwithstanding any reference in this Agreement to persons or entities other
than the City and the Agency, there shall be no third party beneficiaries under this
Agreement.
3. Any waiver or amendment of the provisions of this Agreement must be in
writing and signed by the authorized representatives of the parties.
4. As to the performance of any obligation under this Agreement of which
time is a component, the performance of such obligation within the time specified is of
the essence.
VI. SEVERABILITY
If any term, provision, covenant or condition of this Agreement is held by a court
of competent jurisdiction to be invalid, void or unenforceable, the remainder of the
provisions shall continue in full force and effect unless the rights and obligations of the
parties have been materially altered or abridged by such invalidation, voiding or
unenforceability.
VI. BINDING ON SUCCESSORS
This Agreement shall be binding on and shall inure to the benefit of all
successors and assigns of the parties, whether by agreement or operation of law. This
Agreement shall survive any full or partial merger of the City and the Agency and shall
remain in effect and be fully enforceable according to its terms.
[signatures next page]
-?
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
date first set forth above.
MOORPARK REDEVELOPMENT AGENCY CITY OF MOORPARK
Janice S. Parvin, Chair
ATTEST:
Maureen Benson,
Agency Secretary
Steven Kueny, City Manager
Maureen Benson,
City Clerk
s1
Redevelopment Agency
orthe
CRy of Moorpark
Moorpark Redevelopment Project
1999 Tax Ailocation Bonds and 2001 Tax Allocation monds
Debt Service Schedule
tAAJ
(999HOND6 1 2)
2001 BONDS (1
AGGREGATE
TOTAL
lNTERESr
PROICD!AL
TRIM rAL
SEBIL- ANNUAL
IlfFURBT
PROVCIPAL
PRR%VoikL
BEAII- AlMIVIl.IL
&
9EM,A.11MlAL
PRINCIlAL
DEPT
Yr.AR
RATE
OUR
OUTSTANDENG
aWFERB8r
RATE
DUE
OUiSPA14DIKG
DMERE6r 4
II4TERESr
& DITEREBT
SERVICE
36,840000.00
oil e7AOnoo
00
;0,00
3201301
oil 00000
it .92
156733017
390.17
--AM -A,0-3
Od-02
3_
00
3
$2013.26
$11,
13
3497,19438
$562,19435
51229,524.65
$000
3104 67180
$1 / 00000
13
7tIL
718.03
Od -03
3.
OOO.OD
t
3184 50
3
2850%
$15,000.00
311 1
13
6.83
:666718.63
$1,370431.25
04
$0.00
3
l
8T.867,50
311.610,000.
36
56
Od,04
3.76076
E7
f
67567.50
2660%
$10000 00
311 .00
.38
3463,58&86
3668,655.58
31,372,133.75
30.00
$
$180461.
3 .00
4291353xae
016.13
3476 16.13
,000.00
$
1a046.2a
3
3.400%
315,000.00
311 000.00
629653&a
$476 &13
369601 &13
$1,372,030.25
--h-
-06
$0,00
$1 75
$11 000 00
M1
7
x66.63
Od-06
4000%
000,00
0 00
$1 N75
3.400%
$15,000.00
1 0.00
1 136
3467 as
$007,813x.63
$1,375,731.25
rv07
.00
610000 00
1 063.75
311 OOOAO
,090.x6
$469,110.83
110.x3
Od-01
4.100
$440.000.00
.00
$184,06375
3
3.900%
15,000.00
311 ,000
026.
346911093
$314,110.63
$1,373,221.25
MW
4155, 75
511,66500000
$294 734 36
344979x.13
79x.13
()d-06
4.16076
000 .00
o0
$138,085.76
3.9007E
$15,000.00
sit 00
$794 734.96
$448 .13
392,4 796.13
31,3T4,5%25
Apr-09
30.00
35970 o0
it 16.76
311 000.00
4704,441.68
3439,
5139960.63
Od49
3
467676
3475:0110.00
5 61575
3)
4.150%
$70,000.00
311 000.
441.58
3479,960.63
3934 960.63
$1,374,921.25
10
$0 00
00
*133.940.61
311 000:00
078.66
$427 967.50
3427.96160
Odr10
3
4876!6
.000.00
00
$1 94063
460%
318000.00
1 .00
3704,078,x6
50
9x7.50
31,370,93 &00
Apr-11
30.00
00000
$121.783.13
1 000 00
$293 71863
$416,466.75
541514W.75
Od-11
3)
4.675%
00000
t
121 8113
3
4.460%
15,00000
it
715.63
4413,4x6.75
$966,466.75
$1,370.937.50
r 12
$000
$4,470.00000
3106,956 28
$11 460 00
4703 1.88
13
33813
Od-12
3
4.876%
465000000
$1 078 000 00
$
4.45016
$20,000.00
$11 00
166
13
397$33 &13
$1.3T4,67 &25
oo
00
.00
31 70, 000.00
3797,936 ba
4388:4x8.86
33x5.405
May-413
3560 .00
$3,34000600
00
4.65076
$i ,000.00
$11466,000.00
328293866
ii 466136
488.x8
31,371,97375
30.00
00
3x/.412 60
11. OD
13
4,00083
4000.63
act-14
,000.00
$Z Qa
$131 1200
4
t�0.600
31 .4313
t3
$374 000.63
3999000 63
:1 373.001.25
00
37,735000.x0
$60.56563
$1 00
113. 3
3356.765.75
3351378475
3536000.OD
$7,
b1�63
4.850%
$70.000.00
$11.41SAW.00
23.13
713&78
$1,013,786.75
31372,5TT_50
R475%
m
000.00
951
$ 11416, 000.00
$701.636.13
$342,825.63
x26.!3
000 00
1 00000
$51,167.50
4.a50%
000.00
311, 00
$781,836.13
63
$1 02767BA3
$1.370,551.25
Od 16
41 000.00
g4,91a 3
311, 000.00
$7!11.163.13
0=131.25
3376,131.25
Ma -17
0000000
3 00
97x.13
5000'.0
000.00
$11,37B�0 00
t5313
31.25
$1046 t31.25
31.37$28260
Ckt-1T
-16
30.00
3306.66 &75
30.00
$17916.63
6.000%
320.000.00
411. 000.00
1 $=.G 3:13
3306,566.75
11,063,55 &75
$1,37Z,13T.60
0,1.16
$735.000.00
r=
4
n
K
Z
RedevelopmentAgency
of the
city of Moorpark
Moorpark Redevelopment Project
1989 Tax Allocation Bonds and 2001 Tax Allocation Bonds
Debt Service Schedule
(1) induding mandatary BWWftgaeooantpaymeds
(2120% of 1991 Bonds dept seiviae Fe paid bom the Agency's Low and Moderate Income liauaing Funds.
(3) 8tlddng Aaaaartt Redemption
(4) 2ao1 Bands ammo inmr -t from delivery dam of 12120101. First Inten:st paymerd wmpnssd of 101 days (12nMi to 4l11a2).TheamouM of 5353, 427.90 repnsenling �Iltalixe<t interest on the 2001 Bon
vras deposited to am Intm st AccowRon dosing date.
V i
C7
2
m
z
CO
Redevelopment Agency of the City of Moorpark
Moorpark Redevelopment Project
(2nd Supplement) Series 2006 Tax Allocation Bonds
TAS: 423534 Tickler # 129269
Bondmaster: moorpark06 File # CA- 004951
Debt Service
Date
Interest Rate
Principal Due
sinkers
Principal
Outstanding
Serial
Interest
Interest Due
$ 11,695,000.00
04/01/2007
$ 11,695,000.00
$0.00
$ 141,156.25
10/01/2007
$ 11,695,000.00
$0.00
$ 254,081.25
04/01/2008
$ 11,695,000.00
$0.00
$ 254,081.25
1010112008
$ 11,695,000.00
$0.00
S 254,081.25
04/0112009
$ 11,695,000.00
$0.00
S 254,081.25
10/01/2009
$ 11,695,000.00
$0.00
$ 254,081.25
04/01/2010
$ 11,695,000.00
$0.00
$ 254,081.25
10101/2010
3.625%
$ 40,000.00
$ 11,655,000.00
$1,450.00
$ 254,081.25
04101/2011
$ 11.655,000.00
$0.00
$ 253,356.25
10/0112011
3.625%
S 40.000.00
$ 11,615,000.00
$1,450.00
$ 253,356.25
04/01/2012
$ 11,615,000.00
$0.00
$ 252,631.25
10/01/2012
3.625%
$ 35,000.00
$ 11,580,000.00
$1,268.75
$ 252,631.25
0 4/0112 0 1 3
$ 11,580,000.00
$0.00
$ 251,996.68
10/01/2013
3.625%
S 40,000.00
$ 11,540,000.00
$1,450.00
$ 251,996.88
04/01/2014
$ 11,540,000.00
$0.00
$ 251,271.88
10/01/2014
3.625%
$ 40,000.00
$ 11,500,000.00
$1,450.00
$ 251,271.88
04101/2015
S 11,500,000.00
50.00
$ 250,546.88
10/01/2015
3.625%
$ 45,000.00
$ 11,455,000.00
$1,631.25
$ 250,546.88
04/01/2016
$ 11,455,000.00
$0.00
5 249,731.25
10/01/2016
3.625%
$ 45,000.00
Tenn 2016
$ 11,410,000.00
$1,631.25
S 249,731.25
0410112017
$ 11,410,000.00
$0.00
$ 248,915.63
10/01/2017
4.000%
S 45,000.00
$ 11,365,000.00
$1.8DO.00
$ 248,915.63
04/0112018
S 11,365,000.00
$0.00
$ 248,015.63
10/01/2018
4.000%
$ 50,000.00
$ 11,315,000.00
S2,000.00
S 248,015.63
04/01/2019
$ 11,315,000.00
$0.00
$ 247,015.63
10101/2019
4.000%
S 50,000.00
$ 11,265,000.00
$2,DO0.00
$ 247,015.63
04/01/2020
5 11,265,000.00
$0.00
$ 246,015.63
10/01/2020
4.000%
S 55,000.00
$ 11,210,000.00
$2,200.00
S 246,015.63
04/01/2021
$ 11,210,000.00
$0.00
$ 244,916.63
10/01/2021
4.000%
$ 55,000.00
Term 2021
$ 11,155,000.00
$2,200.00
$ 244,915.63
04/01/2022
$ 11,155,000.00
$0.00
$ 243.815.63
10101/2022
4.250%
S 55,000.00
$ 11,100,000.00
$2,337.50
$ 243,815.63
04/01/2023
$ 11,100,000.00
$0.00
$ 242,646.88
10/01/2023
4.250%
$ 65,000.00
$ 11,035,000.00
$2,762.50
S 242,646.88
04/01/2024
$ 11,035,000.00
$0.00
$ 241,265.63
10/01/2024
4.250%
S 65,000.00
S 10,970,000.00
$2,762.50
$ 241,265.63
04101/2025
$ 10,970,000.00
$0.00
$ 239,884.38
10/01/2025
4.250%
$ 65,000.00
$ 10,905,000.00
$2,762.50
S 239,864.38
04/0112026
$ 10.905.000.00
$0.00
S 238,503.13
10/01/2026
4.250%
$ 70,000.00
Term 2026
S 10,835,000.00
$2,975.00
$ 238,503.13
0001/2027
$ 10,835,000.00
$0.00
$ 237,015.63
10/0112027
4.375%
$ 70,000 00
$ 10,765,000.00
$3,062.50
$ 237,015.63
0410112028
$ 10.765,000.00
$0.00
$ 235,484.38
10/01/2028
4.375%
S 75,000.00
$ 10,690,000.00
$3.281.25
$ 235,464.38
04/01/2029
$ 10,690,000.00
$0.00
$ 233,843.75
10/01/2029
4.375%
S 75,000.00
$ 10,615,000.00
$3,281.25
$ 233,843.75
04/01/2030
$ 10,615,000.00
50.00
$ 232,203.13
10/01/2030
4.375%
S 85,000.00
$ 10,530,000.00
$3.718.75
$ 232,203.13
04/01/2031
$ 10,530,000.00
$0.00
S 230,343.75
10/01/2031
4.375%
$ 90,000.00
Term 2031
S 10,440,000.00
$3,937.50
S 230,343.75
04/01/2032
$ 10,440,000.00
$0.00
$ 228,375.00
10101/2032
4.375%
S 1,305,000.00
$ 9,135,000.00
$57,093.75
$ 228,375.00
04/01/2033
$ 9,135,000.00
$0.00
$ 199,828.13
10/01/2033
4.375%
$ 1,365,000.00
$ 7,770,000.00
$59,718.75
$ 199,828.13
04/01/2034
S 7,770,000.00
$0.00
$ 169,968.75
10/01/2034
4.375%
$ 1,425,000.00
$ 6,345,000.00
$62,343.75
$ 169,968.75
04/01/2035
S 6,345,000.00
$0.00
$ 138,796.88
10/01/2035
4.375%
$ 1,485,000.00
S 4,860,000.00
$64,968.75
$ 138,796.88
04/01/2036
$ 4,860,000.00
$0.00
$ 106,312.50
10/01/2036
4.375%
$ 1,550,000.00
$ 3,310,000.00
$67,812.50
$ 106,312.50
04/01/2037
$ 3,310,000.00
$0.00
$ 72,4D6.25
10101/2037
4.375%
S 1,620,000.00
$ 1,690,000.00
$70,875.00
$ 72,406.25
04/01/2038
$ 1,690,000.00
$0.00
$ 36,968.75
1010112038
4.375%
$ 1,690,000.00
Term 2038
$
$73,937.50
$ 36,968.75
$ 11,695,000.00
ATTACHMENT 9
ATTACHMENT 10
Summary of Redevelopment Agency
Accomplishments: 1989 -2011
• Acquisition of High Street Property between Moorpark
Ave and Metrolink Property— $800,000
• Lease of the High Street Property to businesses -
Maria's. BBQ Joint, and One More Time.
• Established business assistance program in
cooperation with Economic Development Collaborative
of Ventura County. Businesses assisted — 19 over 5-
year period $50,000
• Acquisition of 661 Moorpark Avenue for lease unit and
adjacent property for Public Works /Parks Department
Corporation Yard- $253,909.
• Partial funding for Poindexter Park development.
$20,000
• Acquisition of land for Poindexter Park. ($600,000)
• Acquisition of land for Mission Bell Plaza, Phase II with
funds being repaid to the Agency. $ 3,500,000
• Acquisition of Gisler Field and Disposition and
Development Agreement with Cabrillo Economic
Development Corporation for 15 units of affordable
housing with land costs repaid to the Agency as units
were sold.- $1 ,000,000
• Los Angeles Avenue wall and landscaping. $400,000
• Spring Road Storm Drain Study and improvements.
$900,000
y
,. t
ATTACHMENT 10
• Moorpark Avenue Storm Drain Study and
Improvements. $750,000 (Objective 11 -2)
• High Street Hardscape and drainage Improvements.
$300,000
• Flory Avenue Hardscape Improvements. $200,000
• Charles Street Reconstruction. $300,000
• Miscellaneous curb, gutter and sidewalk
improvements- Charles Street. $200,000
• Lease of private property for CHP Offices on Moorpark
Avenue with funds reimbursed by the State.
• Prepared Joint City /Agency Development & Financing
Plan for site acquisition and construction of public
facilities downtown (Police Facility and Corporation
Yard and Civic Center expansion)
• Purchased property at 203/213 Los Angeles Avenue
for affordable housing. $360,000
• Constructed 3 affordable units as part of Colmer
Development on 203/213 LA. Ave. $382,500
• Acquired Moorpark Mobile Home Park for Civic Center
and Relocated 28 Households. $1,900,000
• Provided improvement grant to Catholic Charities for
temporary building. $28,300
• Acquired property on High Street for future Fire Station
in exchange for old station property on Moorpark
Avenue for future affordable housing development.
$220,000
• Acquired commercial property at 798 Moorpark Avenue
ATTACHMENT 10
for affordable housing development. $210,000
• Acquired portion of 7.5 acre site on Spring Road for
Police Services Center and Human Services Center.
MRA Share - $1,446,825; CDBG share $653,175
• Acquired property on Fitch Road for future Public
Works /Parks Department Corporation Yard and
commercial redevelopment. $990,000. Remaining
parcel sold for $400,000 for private development.
• Provided Loan for Private acquisition of 11/17 High
Street which was repaid upon resale. $400,000.
• Provided loan for privately financed renovation of High
Street Arts Center which was repaid. $350,000.
• Acquired 284 Charles St. via tax default ($15,000) and
built replacement dwelling unit for family displaced by
fire station project. $295,000
• . Acquired site for Magnolia Street Park. $55,000.
• Acquired High Street Arts Center at 45 High Street.
$11250,000.
• Replaced outdated or inoperable sound system and
lighting control system and movie projection
equipment. $ 60,000.
• Operating Arts Center now in fifth season of
performances. $50,000 per season and underwriting
expense /revenue margin for productions concessions
and rentals.
• Staff Administered Home Rehabilitation and Mobile
Home
• Rehabilitation Programs. Assisted 22 homes. $177,455
from City Housing and CalHome Grant Funds.
A `/
ATTACHMENT 10
• Acquired 47 -51 High Street for future Civic Center.
$357,000 (including relocation costs)
• Recruited Harley Davidson dealership to Moorpark
(approximate yearly sales tax contribution $100,000)
• Acquired 81 First St. for affordable housing unit.
$215,000. Constructed, housing unit. $348,950
• Acquired commercial property at 347 Moorpark Avenue
for redevelopment. $635,000
• Acquired commercial property at 467 High Street for
redevelopment. $451,439
• Acquired 765 Walnut Street for future affordable
housing development. $406,000.
• Acquired replacement site on Princeton Avenue for
fueling station on High Street. $575,000
• Financed portion of Flinn Road realignment and traffic
signal. $459,200
• Financed construction costs for Magnolia Park.
$649,992
• Acquired 1095 and 1113 Walnut Canyon Rd. for
affordable housing redevelopment. $700,000.
• Removed grain silos and mill at 192 High Street.
$38,000.
• Funded Landscaping improvements at LA Avenue and
Spring Road to enhance appearance of walls installed
by private developer. $ 5,000
• Acquired 450, 460, and 484 Charles Street for
affordable housing redevelopment. $1,387,080
0