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HomeMy WebLinkAboutRES CC 2011 3000 2011 0202RESOLUTION NO. 2011 -3000 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA APPROVING AND AUTHORIZING EXECUTION OF A PUBLIC IMPROVEMENT REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF MOORPARK AND THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK, FOR THE DEMOLITION OF IMPROVEMENTS LOCATED AT 192 HIGH STREET; CONSTRUCTION OF THE HIGH STREET STREETSCAPE AND PURCHASE OF 161 SECOND STREET, ACCEPTANCE OF GRANT DEED AND CONSTRUCTION OF A NEIGHBORHOOD PARK WHEREAS, the Redevelopment Agency of the City of Moorpark ( "Agency ") is carrying out the Redevelopment Plan ( "Redevelopment Plan ") for the Moorpark Redevelopment Project ( "Project "); and WHEREAS, under the Redevelopment Plan, the City of Moorpark ( "City ") shall aid and cooperate with the Agency in carrying out the Project, and shall take actions necessary to ensure the fulfillment of the purposes of the Redevelopment Plan and to eliminate and prevent the recurrence or spread of conditions causing blight within the area of the Project ( "Project Area "); and WHEREAS, pursuant to Section 33320 of the California Community Redevelopment Law (Health and Safety Code Section 33000, et seq.) (the "CRL "), for the purposes of aiding and cooperating in the planning, undertaking, construction or operation of redevelopment projects within the Project Area, the City may, among other things, exercise the following powers: sell or lease any of its property to the Agency; cause public improvements to be furnished in connection with redevelopment projects; plan or replan and zone or rezone any part of a redevelopment project; facilitate the production and rehabilitation of affordable housing and enter into agreements with the Agency respecting actions to be taken pursuant to any such powers; and WHEREAS, pursuant to Section 33445(a) of the CRL, the Agency may, with the consent of the City Council of the City of Moorpark ( "City Council "), pay all or part of the value of the land for and the cost of the installation and construction of any buildings, facilities, structures or other improvements which are publicly owned and located inside or contiguous to a project area upon a determination by the City Council that such building, facilities, structures or other improvements are of benefit to the project area by helping to eliminate blight within the project area, that no other reasonable means of financing the acquisition of the land or installation or construction of such buildings, facilities, structures or other improvements that are publicly owned are available to the community, that the payment of funds for the acquisition of the land or installation or construction of the building, facilities, structure or other improvements that are publicly owned is consistent with the implementation plan adopted by the Agency pursuant to Section 33490 of the CRL; and Resolution No. 2011 -3000 Page 2 WHEREAS, pursuant to Section 33445(c) of the CRL, when the value of the land or the cost of installation and construction of a building, facility, structure, or other improvement that is publicly owned, or both, has been, or will be, paid or provided for initially by the City, the Agency may enter into a contract with the City under which the Agency agrees to reimburse the City for all or part of the value of the land or all or a part of the cost of the building, facility, structure or other improvement that is publicly owned, or both, by periodic payments over a period of years; and WHEREAS, the Agency will have a remaining balance of $2,500,000.00 in the MRA 2006 Tax Allocation Bond Fund (2905) available for additional projects after the construction of the Ruben Castro Human Services Center; and WHEREAS, the Agency and City Council have prepared and wish to enter into a Public Improvement Reimbursement Agreement ( "Agreement ") to provide for the demolition of improvements located at 192 High Street, construction of the High Street Streetscape and acquisition of property and construction of a neighborhood park located at 161 Second Street ( "Public Improvements "), and Agency's reimbursement of City for the costs of the Public Improvements; and WHEREAS, a program Final Environmental Impact Report was prepared and certified on the Redevelopment Plan ( "Final EIR ") in accordance with the California Environmental Quality Act ( "CEQA "), which included analysis of the public improvements on a programatic level; and WHEREAS, at this time there are no preliminary drawings, plans or other sufficient information to enable a meaningful environmental assessment of the specific Public Improvement, therefore, the Agreement provides that commitment of funds to and commencement of the specific projects set forth therein shall be subject to completion of additional environmental review and analysis, as required by CEQA. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council hereby finds and determines that the provision of the proposed Public Improvements are of benefit to the Project Area as they will help to eliminate blight within the Project Area, that no other reasonable means of financing the Public Improvements are available to the community; and that the payment of funds for the Public Improvements are consistent with the Agency's Implementation Plan for the Project adopted pursuant to Section 33490 of the CRL. These findings and determinations are based upon the following facts: a. The Public Improvements are located within the Project Area and will assist in eliminating the blighting condition of inadequate recreation facilities in the downtown neighborhoods. b. Although the City is able to aid and assist the Agency by undertaking the Public Improvements and initially providing Resolution No. 2011 -3000 Page 3 the funds necessary for the acquisition of land or the construction or installation of the Public Improvements, the City lacks the resources necessary to fund the Public Improvements from the General Fund, and other potential sources of funds are not available at this time. C. The Implementation Plan for the Moorpark Redevelopment Project contains the specific goals and objectives of the Agency for the Project Area, the specific programs, including potential projects, and estimated expenditures proposed to be made during the next five years, and an explanation of how the goals and objectives, programs, and expenditures will eliminate blight within the Project Area set forth in the Community Redevelopment Law. The Public Improvement is consistent with the Implementation Plan, as the goals and programs provide funding for public facilities, such as parking facilities, parks and recreation facilities, landscaping and other amenities, which serve properties and people in the Project Area. SECTION 2. The City Council hereby approves the Public Improvement Reimbursement Agreement and hereby authorizes and directs the Mayor to execute the Agreement on behalf of the City, subject to any minor, technical or clarifying changes that may be approved by the City Attorney. The City Council hereby further authorizes and directs the City Manager to take all actions and execute all other documents as necessary to carry out the Agreement and accomplish the Public Improvements as provided for in the Agreement. SECTION 3. The City Clerk shall accept and consent to the recordation of the grant deed. 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 2nd day of February, 2011. ATTEST: Maureen Benson, City Clerk J S. Parvin, Mayor Resolution No. 2011 -3000 Page 4 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, Maureen Benson, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 2011 -3000 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 2nd day of February, 2011, and that the same was adopted by the following vote: AYES: Councilmembers Millhouse, Pollock, Van Dam, and Mayor Parvin NOES: None ABSENT: Councilmember Mikos ABSTAIN: None 2011. WITNESS my hand and the official seal of said City this 16th day of February, Maureen Benson, City Clerk (seal)