HomeMy WebLinkAboutAG RPTS 2012 0619 OB SPC NOTICE AND CALL OF A SPECIAL MEETING
OF THE OVERSIGHT BOARD TO THE
SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY
OF THE CITY OF MOORPARK
NOTICE IS HEREBY GIVEN that a Special Meeting of the Oversight Board to the
Successor Agency of the Redevelopment Agency of the City of Moorpark is hereby called
to be held on Tuesday, June 19, 2012, commencing at 3:30 p.m. Said meeting will
convene in the Moorpark Community Center located at 799 Moorpark Avenue, Moorpark,
California.
Said Special Meeting shall be for the purpose of considering the following:
1. CALL TO ORDER:
2. PLEDGE OF ALLEGIANCE:
3. ROLL CALL:
4. PUBLIC COMMENT:
5. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
(Items to be withdrawn from the Consent Calendar shall be identified at this time.)
6. PRESENTATION/ACTION/DISCUSSION:
A. Consider Disposition of Former Redevelopment Agency Governmental
Purpose Properties. Staff Recommendation: Direct the Successor Agency
to transfer the properties identified as governmental purpose to the City of
Moorpark as mentioned in the agenda report. (Staff: David Moe)
All writings and documents provided to the majority of the Board Members 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. Agenda
packets for Oversight Board meetings are also available on the City's website at www.ci.mooroark.ca.us.
Any member of the public may address the Board during the Public Comments portion of the Agenda, unless it is a
Presentation/Action/Discussion item.Speakers who wish to address the Board concerning a Presentations/Action/Discussion
item must do so during the Presentations/Action/Discussion portion of the Agenda for that item.Speaker cards must be received
by the City Clerk for Public Comment prior to the beginning of the Public Comments portion of the meeting; and for a
Presentation/Action/Discussion item, and prior to the Chairperson's call for speaker cards for each
Presentation/Action/Discussion agenda item. A limitation of three minutes shall be imposed upon each Public Comment and
Presentation/Action/Discussion item speaker. Written Statement Cards may be submitted in lieu of speaking orally for
Presentation/Action/Discussion items. Any questions concerning any agenda item may be directed to the City Clerk's office at
517-6223.
Special Meeting of the Oversight Board to the
Successor Agency of the Redevelopment Agency
of the City of Moorpark
June 19, 2012
Page 2
7. CONSENT CALENDAR:
A. Consider the Minutes of the Regular Oversight Board Meeting of May 15,
2012. Staff Recommendation: Approve the minutes.
B. Consider the Minutes of the Special Oversight Board Meeting of May 15,
2012. Staff Recommendation: Approve the minutes.
C. Consider Report on Conflict of Interest Code for the Oversight Board to the
Successor Agency of the Redevelopment Agency of the City of Moorpark.
Staff Recommendation: Receive and file the agenda report. (Staff:
Maureen Benson
D. Consider Successor Agency to the Redevelopment Agency of the City of
Moorpark Quarterly Investment Report. Staff Recommendation: Approve
the Quarterly Investment Report. (Staff: Ron Ahlers)
8. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS:
A. Announcements.
B. Future Agenda Items.
i. Other Lease Agreements.
9. ADJOURNMENT:
Dated: June 18, 2012.
Maureen Benson, City Clerk
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. Upon advance notification of the need for disability-related modification or accommodation,
reasonable arrangements will be made by City staff to provide accessibility to the meeting (28 CFR 35.102-
35.104;ADA Title 11).
Special Meeting of the Oversight Board to the
Successor Agency of the Redevelopment Agency
of the City of Moorpark
June 19, 2012
Page 3
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss
CITY OF MOORPARK )
AFFIDAVIT OF POSTING
1, Maureen Benson, declare as follows:
That I am the City Clerk of the City of Moorpark and that a notice for a Special Meeting of
Oversight Board for the Successor Agency of the Redevelopment Agency of the City of
Moorpark to be held Tuesday, June 19, 2012, at 3:30 p.m. in the Council Chambers of the
Moorpark Community Center, 799 Moorpark Avenue, Moorpark, California, was posted on
June 18, 2012, 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 June 18, 2012.
Maureen Benson, City Clerk
OVERSIGHT BOARD TO SUCCESSOR AGENCY
OF THE REDEVELOPMENT AGENCY
OF THE CITY OF MOORPARK MEETING
of - ITEM 6.A.
ACTION:
At
OVERSIGHT BOARD TO SUCCESSOR AGENCY
AGENDA REPORT
To: Oversight Board to Successor Agency
From: David C. Moe II, Redevelopment Manager
Date: June 1, 2012 (Meeting of 6/19/12)
Subject: Consider Disposition of Former Redevelopment Agency
Governmental Purpose Properties
BACKGROUND
On July 5, 1989, the City Council of the City of Moorpark adopted Ordinance No. 110
approving and adopting a redevelopment plan for the Moorpark Redevelopment Project
("Project"). Over the last 23 years, the Redevelopment Agency of the City of Moorpark
("Redevelopment Agency") has, both unilaterally and through participation in joint
public/private partnerships, facilitated a number of successful projects and programs
aimed at economic revitalization, neighborhood revitalization, and affordable housing
production.
As of February 1, 2012, every redevelopment agency was dissolved and a successor
agency was created for each former redevelopment agency. The successor agency of
the Redevelopment Agency is the City of Moorpark ("City").
DISCUSSION
The purpose of this report is to consider the disposition of the successor agency
properties identified for public purposes. Attachment I is a map illustrating the locations
of the former Redevelopment Agency's governmental properties. Attachment II is a
spreadsheet listing all the properties by address and Assessor Parcel Number (APN). It
also shows the General Plan and Zoning designations and use/intended use. The
properties are categorized by project/use.
The following is a general overview of the properties identified for governmental
purposes:
1. Civic Center Project. 83 West High Street, 511-0-050-090 (no address), 47
West High Street, and 661 Moorpark Avenue are properties that have been acquired by
the Redevelopment Agency to assemble a site for the new civic center.
1
Oversight Board
June 19,2012
Page 2
2. United States Postal Service Lease. This property (APN 511-0-090-230) is
located to the west of the High Street Public Parking Lot. The Redevelopment Agency
entered into a 99 year lease with the United States Postal Service. The rent for this
property is $1.00 per year and the lease expires in 2107.
3. High Street Public Parking Lot. This property (APN 512-0-090-050) is located
on the southwest corner of High Street and Moorpark Avenue. The Redevelopment
Agency improved this property as a public parking lot to support the downtown
merchants and the High Street Arts Center. In addition, the western end of this property
is leased to the United States Postal Service for 19 parking spaces.
4. Police Services Facility site. The land located at 610 Spring Road was
purchased by the Redevelopment Agency to allow the City to construct a police facilities
center to house the Moorpark Police Department and Highway Patrol. This facility was
completed in 2005.
5. High Street Arts Center. The Redevelopment Agency purchased the property
located at 45 High Street to preserve a venue to have live performances in the
downtown. The property at 33 High Street, which is adjacent, was also purchased to
provide additional office space, dressing and staging rooms, and handicap parking for
the High Street Arts Center. A portion of the second floor of 33 High Street has been
leased to Vivid Insurance. The Parks, Recreation and Community Services Department
of the City currently manages the High Street Arts Center.
6. Public Services Facility. The land located at 627 Fitch was purchased by the
Redevelopment Agency to allow the City to construct a public services facility to provide
a location for the City vehicles and staff assigned to Public Works, Animal Control,
Parks, and Building Facilities. This facility was completed in 2007.
7. Veteran's Memorial. The City constructed the Veteran's Memorial on a
remnant parcel the Redevelopment Agency purchased for the Police Services Facility
site and Flinn/Second Street intersection realignment.
8. Public Parking. Portions of APN 511-0-090-115 are used for public parking as
follows:
A. The easterly 140 feet of this property were acquired from the Ventura
County Transportation Commission in February 2008, to be combined with
the majority of the rest of this parcel for the Aszkenazy Disposition and
Development Agreement (DDA). This portion, plus an additional 150 feet
to the west are currently used for public parking. In the event the
2
Oversight Board
June 19, 2012
Page 3
Aszkenazy DDA does not proceed, the City intends to retain this 290 feet
of frontage to expand the Metrolink parking.
B. The westerly 160 feet of this property is currently being leased to the
Moorpark Chamber of Commerce. The Chamber promotes the
community, tourism, and public and business relations, including the
"Shop Moorpark" program. The parcel is also used for parking by High
Street Arts Center patrons. In January, 2011, a 160-foot easement was
accepted by the City of Moorpark on this property for future road widening
and a public park. The staff report identified this site as a possible location
for the town square/park as called for in the Downtown Specific Plan.
However, the easement was never recorded. Both the road widening and
public park are needed regardless of other development in the area.
C. The 187 feet east of the property leased to the Chamber of Commerce
and west of the driveway for Maria's Restaurant is currently used for
public parking, especially by patrons of the High Street Arts Center. It is
included in the Aszkenazy DDA as part of the second phase of the project.
In the event the Aszkenazy DDA does not proceed, the City intends to
retain this frontage for public parking.
Per Section 34181 (a) of the Health and Safety Code, the oversight board shall direct
the successor agency to dispose of all the assets and properties of the former
redevelopment agency that were funded by tax increment revenues of the dissolved
redevelopment agency; provided, however, that the oversight board may instead direct
the successor agency to transfer ownership of those assets that were constructed and
used for a governmental purpose to the appropriate public jurisdiction pursuant to any
existing agreements relating to the construction or use of such an asset. A copy of this
section is included as attachment 111.
STAFF RECOMMENDATION
Direct the Successor Agency to transfer the properties identified as governmental
purpose to the City of Moorpark as mentioned in the staff report.
Attachment I: Map of Governmental Properties
Attachment 11: Governmental Spreadsheet
Attachment III: H&S 34181 (a)
3
Attachment I
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Attachment II
Former Redevelopment Agency
Governmental Purposes Properties
No.on Zoning
Map Property Address APN General Plan Designation Designation Use/Proposed Use of Property.
30 100 High Street I Post Office West Parcel 511-0-090-230 C-2(General Commercial) C-OT/M-1 Post Office
31 83 W. High Street 511-0-050-175 C-OT(Old Town Commercial) C-OT Civic Center
32 Part of Civic Center 511-0-050-090 C-OT(Old Town Commercial) C-OT Civic Center
33 47 W. High Street 511-0-050-080 C-OT(Old Town Commercial) C-OT Civic Center
34 661 Moorpark Avenue 511-0-050-140 PUB(Public/Institutional) I Civic Center
35 High Street Parking Lot 512-0-090-050 C-OT(Old Town Commercial) M-2 Public Parking Lot
(High Street Arts Center Offices and
36 33 E. High Street 512-0-091-090 C-OT(Old Town Commercial) C-OT Addt'I Dressing Rooms)
37 45 High Street 512-0-091-080 C-OT(Old Town Commercial) C-OT High Street Arts Center
Public Easement,Chamber Building
38 W. 322'of APN 512-0-090-115 512-0-090-115 C-OT(Old Town Commercial) C-OT and Public Parking Lot
39 E. 140'of APN 512-0-090-115 512-0-090-115 C-OT(Old Town Commercial) C-OT Public Parking Lot
40 627 Fitch Avenue 512-0-150-805 1-1 (Light Industrial) M-1 Public Services Facility,
41 610 Spring Road 512-0-171-225 C-2(General Commercial) CPD Police Services Center
42 Veteran's Memorial 512-0-174-015 C-2(General Commercial) CPD Veteran's Memorial
ATTACHMENT III
HEALTH AND SAFETY CODE SECTION 34181
34181. The oversight board shall direct the successor agency to do all of the following:
(a) Dispose of all assets and properties of the former redevelopment agency
that were funded by tax increment revenues of the dissolved redevelopment agency;
provided, however, that the.oversight board may instead direct the successor agency to
transfer ownership of those assets that were constructed and used for a governmental
purpose, such as roads, school buildings, parks, and fire stations, to the appropriate
public jurisdiction pursuant to any existing agreements relating. to the construction or
use of such an asset. Any compensation to be provided to the successor agency for the
transfer of the asset shall be governed by the agreements relating to the construction or
use of that asset. Disposal shall be done expeditiously and in a manner aimed at
maximizing value.
(b) Cease performance in connection with and terminate all existing
agreements that do not qualify as enforceable obligations.
(c) Transfer housing responsibilities and all rights, powers, duties, and
obligations along with any amounts on deposit in the Low and Moderate Income
Housing Fund to the appropriate entity pursuant to Section 34176.
(d) Terminate any agreement, between the dissolved redevelopment agency
and any public entity located in the same county, obligating the redevelopment agency
to provide funding for any debt service obligations of the public entity or for the
construction, or operation of facilities owned or operated by such public entity, in any
instance where the oversight board has found that early termination would be in the
best interests of the taxing entities.
(e) Determine whether any contracts, agreements, or other arrangements
between the dissolved redevelopment agency and any private parties should be
terminated or renegotiated to reduce liabilities and increase net revenues to the taxing
entities, and present proposed termination or amendment agreements to the oversight
board for its approval. The board may approve any amendments to or early termination
of such agreements where it finds that amendments or early termination would be in the
best interests of the taxing entities.
6
OVERSIGHT BOARD TO SUCCESSOR AGENCY
OF THE REDEVELOPMENT AGENCY
OF THE CITY OF MOORPARK MEETING
of ITEM 7.A.
ACTION:
MINUTES OF THE OVERSIGHT BOARD
TO THE SUCCESSOR AGENCY OF THE
REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK
Moorpark California May 15, 2012
A Regular Meeting of the Oversight Board to the Successor Agency of the
Redevelopment Agency of the City of Moorpark was held on May 15, 2012, in the
Community Center of said City located at 799 Moorpark Avenue, Moorpark, California.
1. CALL TO ORDER:
Chairperson Hamous called the meeting to order at 3:31 p.m.
2. PLEDGE OF ALLEGIANCE:
David Bobardt, Community Development Director, led the Pledge of Allegiance.
3. ROLL CALL:
Present: Board Members Burgh, Ingram, Kasper, Nicks, Parvin,
Priestley, and Chairperson Hamous.
Staff Present: Steven Kueny, Executive Director; Greg Murphy, Assistant
City Attorney, Ron Ahlers, Finance Director; David Moe,
Redevelopment Manager; and Maureen Benson, City Clerk.
4. OATH OF OFFICE:
A. City Clerk Administers Oath of Office to Oversight Board Members.
Ms. Benson administered the oath of office to Board Members Burgh,
Ingram, Kasper, Nicks, Parvin, Priestley, and Chairperson Hamous.
5. PUBLIC COMMENT:
None.
6. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
None.
7 PRESENTATION/ACTION/DISCUSSION:
A. Consider Rules of Procedure for the Oversight Board to the Successor
Agency of the Redevelopment Agency of the City of Moorpark. Staff
Recommendation: Approve the Rules of Procedure.
7
Minutes of the Oversight Board to the
Successor Agency of the
Redevelopment Agency of the
City of Moorpark California Page 2 May 15, 2012
Mr. Moe gave the staff report.
There were no speakers
MOTION: Board Member Parvin moved and Board Member Berg seconded a
motion to approve the Rules of Procedure for the Oversight Board to the
Successor Agency of the Redevelopment Agency of the City of Moorpark. The
motion carried by unanimous voice vote.
B. Consider the Need for Legal Counsel Services for the Oversight Board.
Staff Recommendation: Direct the Successor Agency as deemed
appropriate.
Mr. Moe gave the staff report.
There were no speakers.
MOTION: Board Member Ingram moved to direct staff to seek advice from the
Department of Finance regarding the procedure for procurement of legal counsel
for the Oversight Board, while at the same time also seeking advice on including
Legal Counsel as a Budget Line Item for the revised Recognized Obligation
Payment Schedule (ROPS). The motion died due to lack of a second.
MOTION: Board Member Nicks moved and Board Member Parvin seconded a
motion to direct staff to investigate the legal obligations of the Oversight Board
while in the meantime, adding a Budget Line Item No. 13 of $6,000 for Legal
Counsel to the Oversight Board at $1,000 a month to cover July 1 through
December 31 , 2012, in the May 15, 2012, revised ROPS. The motion carried by
unanimous voice vote.
CONSENSUS: It was the consensus of the Board to concur with Mr. Kueny's
clarification of the motion, that staff would proceed to seek proposals for General
Retainer Services to include a specification that they must note the various
agencies they are associated with so there are no conflicts of interest, and that
the firm has public sector experience and that these proposals would return for
Oversight Board approval.
C. Consider Revised Recognized Obligation Payment Schedules (BOPS) for
January 1 2012 to June 30 2012 and July 1 2012 to December 31, 2012.
Staff Recommendation: 1) Approve the ROPS for January 1, 2012 to
June 30, 2012, dated May 15, 2012; and 2) Approve the ROPS for July 1,
2012 to December 31, 2012, dated May 15, 2012; and 3) Direct staff to
transmit the approved revised ROPS, with the signature of the
Chairperson, to the State of California (Department of Finance, State
8
Minutes of the Oversight Board to the
Successor Agency of the
Redevelopment Agency of the
City of Moorpark California Page 3 May 15, 2012
Controller's Office), Ventura County Auditor-Controller; and post to the
City's website, as per legislation.
Mr. Ahlers gave the staff report.
In response to Board Member Kasper, Mr. Ahlers stated staff would
provide copies of the Pass-through Agreements to the Board Members via
email.
There were no speakers.
MOTION: Board Member Nicks moved and Board Member Parvin seconded a
motion to approve the BOPS for January 1, 2012 to June 30, 2012, dated May
15, 2012, as amended to add the payee name of R.A. Atmore and Sons to Line
Item 17 for Property Maintenance. The motion carried by unanimous voice vote.
MOTION: Board Member Nicks moved and Board Member Parvin seconded a
motion to approve the ROPS for July 1, 2012 to December 31, 2012, dated May
15, 2012, as amended to add a Line Item 13 for Legal Counsel at a rate of
$1,000 per month for a total of $6,000. The motion carried by unanimous voice
vote.
MOTION: Board Member Nicks moved and Board Member Parvin seconded a
motion to direct staff to transmit the approved revised BOPS, with the signature
of the Chairperson, to the State of California (Department of Finance, State
Controller's Office), Ventura County Auditor-Controller; and post to the City's
website, as per legislation. The motion carried by unanimous voice vote.
D. Consider Review of Former Agency Properties. Staff Recommendation:
Receive and file report.
Mr. Moe gave the staff report.
There were no speakers.
CONSENSUS: It was the consensus of the Board to request a future agenda
item reporting on the Public Purpose Properties.
MOTION: Board Member Parvin moved and Board Member Nicks seconded a
motion to receive and file the report. The motion carried by unanimous voice
vote.
9
Minutes of the Oversight Board to the
Successor Agency of the
Redevelopment Agency of the
City of Moorpark California Page 4 May 15, 2012
8. CONSENT CALENDAR:
MOTION: Board Member Nicks moved and Board Member Ingram seconded a
motion to approve the Consent Calendar. The motion carried by unanimous
voice vote.
A. Consider the Minutes of the Special Oversight Board Meeting of April 17,
2012. Staff Recommendation: Approve the minutes.
9. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS:
A. Announcements.
None.
B. Future Agenda Items.
a. Conflict of Interest - Form 700 Responsibilities
Board Members and staff briefly discussed scheduling of future
agenda item.
10. ADJOURNMENT:
MOTION: Chairperson Hamous moved and Board Member Parvin seconded a motion
to adjourn the meeting. The motion carried by unanimous voice vote. The time was
4:21 p.m.
Bruce Hamous, Chairperson
ATTEST:
Maureen Benson, City Clerk
10
OVERSIGHT BOARD TO SUCCESSOR AGENCY
OF THE REDEVELOPMENT AGENCY
OF THE CITY OF MOORPARK MEETING ITEM 7.13.
of
ACTION.
MINUTES OF THE OVERSIGHT BOARD
TO THE SUCCESSOR AGENCY OF THE
REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK
Moorpark California May 15, 2012
A Special Meeting of the Oversight Board to the Successor Agency of the
Redevelopment Agency of the City of Moorpark was held on May 15, 2012, in the
Community Center of said City located at 799 Moorpark Avenue, Moorpark, California.
1. CALL TO ORDER:
Chairperson Hamous called the Special Oversight Board meeting to order at 4:23
p.m.
2. ROLL CALL:
Present: Board Members Burgh, Ingram, Kasper, Nicks, Parvin,
Priestley, and Chairperson Hamous.
Staff Present: Steven Kueny, Executive Director; Greg Murphy, Assistant
City Attorney; Ron Ahlers, Finance Director; David Moe,
Redevelopment Manager; and Maureen Benson, City Clerk.
3. PUBLIC COMMENT:
None.
4. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
None.
5 PRESENTATION/ACTION/DISCUSSION:
A. Consider an Agreement for the Use of Bond Proceeds for Capital
Improvements as Authorized by Health and Safety Code Sections 34178
and 34180 Between the City of Moorpark and the City Acting in its Role
as Successor Agency to the Former Redevelopment Agency of the City of
Moorpark. Staff Recommendation: Approve the Agreement.
Mr. Moe gave the staff report.
There were no speakers.
MOTION: Board Member Burgh moved and Board Member Ingram seconded a
motion to approve an Agreement for the use of bond proceeds for capital
improvements, as authorized by Health and Safety Code Sections 34178 and
11
Minutes of the Oversight Board to the
Successor Agency of the
Redevelopment Agency of the
City of Moorpark California Page 2 May 15, 2012
34180, between the City of Moorpark and the City Acting in its Role as
Successor Agency to the Former Redevelopment Agency of the City of
Moorpark. The motion carried by unanimous voice. Vote.
6. ADJOURNMENT:
MOTION: Board Member Parvin moved and Board Member Kasper seconded a motion
to adjourn the meeting. The time was 4:27 p.m.
Bruce Hamous, Chairperson
ATTEST:
Maureen Benson, City Clerk
12
OVERSIGHT BOARD TO SUCCESSOR AGENCY
OF THE REDEVELOPMENT AGENCY
OF THE CITY OF MOORPARK MEETING
of_ *.sue .:f, /0 -ig-aaa- ITEM 7.C.
ACTION:
4 'e".W
OVERSIGHT BOARD TO THE SUCCESSOR AGENCY
OF THE REDEVELOPMENT AGENCY
OF THE CITY OF MOORPARK
AGENDA REPORT
TO: Honorable Board Members
FROM: Maureen Benson, City Clerk
DATE: June 7, 2012 (CC Meeting of 6/19/12)
SUBJECT: Consider Report on Conflict of Interest Code for the Oversight Board to
the Successor Agency of the Redevelopment Agency of the City of
Moorpark
BACKGROUND AND DISCUSSION
On April 25, 2012, the FPPC issued an advice letter in response to the League of California
Cities' request for information regarding ABx1-26 as it relates to compliance requirements of
the Political Reform Act/Conflict of Interest, which concluded that the City Council may be the
code reviewing body for the Successor Agency, Successor Housing Agency, and Oversight
Board and may update existing Conflict of Interest Resolutions to add these agencies.
The City of Moorpark's Conflict of Interest Code was updated to include the Successor
Agency, Successor Housing Agency, and Oversight Board Members with the adoption of
Resolution No. 2012-3111, at the June 6, 2012, regular City Council meeting (see
Attachment).
The City Clerk is the filing official for Oversight Board Members who must now file an
assuming office Statement of Economic Interests (using the date you were appointed to serve
by either the Ventura County Board of Supervisors, Ventura County Superintendent of
Education, Chancellor of the California Community Colleges, or the Mayor of the City of
Moorpark) within 30 days of the adoption of the new Conflict of Interest resolution, which
would be by July 6, 2012.
STAFF RECOMMENDATION
Receive and file the agenda report.
Attachment: City or Moorpark Resolution No. 2012-3111
1.3
ATTACHMENT
RESOLUTION NO. 2012-3111
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, AMENDING THE CONFLICT
OF INTEREST CODE OF THE CITY OF MOORPARK AND
RESCINDING RESOLUTION NO. 2011-3049
WHEREAS, the Political Reform Act, Government Code Section 87300, et seq.,
requires every state and local government agency to adopt and promulgate a Conflict of
Interest Code; and
WHEREAS, the Fair Political Practices Commission (FPPC) has adopted a
regulation which contains the terms of a standard model Conflict of Interest Code (Title
2, Division 6, California Code of Regulations, Section 18730), which can be
incorporated by reference, and which may be amended by the FPPC to conform to
amendments in the Political Reform Act after public notice and hearings conducted by
the FPPC pursuant to the Administrative Procedure Act, Government Code Sections
11370, et seq.; and
WHEREAS, the City Council has determined that the terms of Title 2, Division 6,
California Code of Regulations, Section 18730, and any amendments thereto duly
adopted by the FPPC, along with the attached Appendices A and B, accurately set forth
the City's Conflict of Interest Code, including those positions which should be
designated, and the categories of financial interests which should be made reportable;
and
WHEREAS, Assembly Bill X1 26 (ABX1 26) eliminated all redevelopment
agencies effective February 1, 2012, and required the creation of successor agencies
and oversight boards; and
WHEREAS, the City Council on January 4, 2012, adopted Resolution No. 2012-
3079 designating the City of Moorpark as the Successor Agency and Successor
Housing Agency to the Redevelopment Agency of the City of Moorpark; and
WHEREAS, the Oversight Board to the Successor Agency of the Redevelopment
Agency of the City of Moorpark was established consistent with the provisions of ABX1
26, including membership; and
WHEREAS, on April 25, 2012, the FPPC provided an advice letter to the General
Counsel of the League of California Cities regarding applicability of the conflict of
interest code and financial disclosure provisions of the Political Reform Act to new local
government agencies and officials holding positions in those agencies created by ABX1
26, including the conclusion that if a city serves as a successor agency, the code
reviewing body of the successor agency and its oversight board is the city council; and
WHEREAS, the City Council has previously designated positions and disclosure
categories in Resolution No. 2011-3049, which now needs to be rescinded and an
updated Conflict of Interest Code adopted to: 1) Delete the Redevelopment Agency of
14
Resolution No. 2012-3111
Page 2
the City of Moorpark; and 2) Add the Successor Agency of the Redevelopment Agency
of the City of Moorpark, Successor Housing Agency of the Redevelopment Agency of
the City of Moorpark, and the Oversight Board to the Successor Agency of the
Redevelopment Agency of the City of Moorpark; and
WHEREAS, the positions listed in Appendix A have been determined to be
designated positions under the City's Conflict of Interest Code, because the persons in
those positions make or participate in the making of decisions which may foreseeably
have a material effect on financial interests; and
WHEREAS, the City's Conflict of Interest Code does not establish any disclosure
obligation for the City Councilmembers, Planning Commissioners, City Manager, City
Attorney, and Public Officials who Manage Public Investments (City Treasurer), as
Government Code Section 87200 et seq. requires such disclosure as a matter of state
law, nor does the City's Conflict of Interest Code include a position which is solely
clerical, ministerial or manual, or any unsalaried member of a board or commission
which is solely advisory; and
WHEREAS, the City Council has determined that the attached Appendices
accurately set forth those positions which should be designated and categories of
financial interest which should be made reportable.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The terms of Title 2, Division 6, California Code of Regulations,
Section 18730, and any amendments thereto duly adopted by the FPPC are hereby
incorporated by reference and along with the attached Appendices A and B, in which
employees, officials, and consultants are designated and disclosure categories are set
forth, to constitute the Conflict of Interest Code for the City of Moorpark. If any of the
positions listed in Appendix A have a change of title, or if a position is transferred from
one City department or office to another, the filing requirement and disclosure category
shall remain the same until the next update of the City's Conflict of Interest Code.
SECTION 2. Persons holding designated positions. shall file a Statement of
Economic Interests pursuant to Section 4 of the Conflict of Interest Code (Title 2,
Division 6, California Code of Regulations, Section 18730). The City Clerk shall carry
out the duties of Filing Officer for the City Council, which is the Code Reviewing Body.
SECTION 3. Persons elected, appointed, or hired for a newly created position
not yet designated under the City's Conflict of Interest Code, and who participate in
making government decisions, must file a Statement of Economic Interest pursuant to
Section 4 of the Conflict of Interest Code (Title 2, Division 6, California Code of
Regulations, Section 18734). The disclosure category for such positions shall be the
City's broadest disclosure category until the City's Conflict of Interest Code is amended
to include the new position.
15
Resolution No. 2012-3111
Page 3
SECTION 4. Resolution No. 2011-3049 is hereby rescinded.
SECTION 5. 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 6th day of June, 2012.
Jani a S. Parvin, Mayor
ATTEST:
,ew 1J A/ •
Maureen Benson, City Clerk
0
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Attachments: Appendices A and B
16
Resolution No. 2012-3111
Page 4
APPENDIX A
The City's Conflict of Interest Code does not establish any disclosure obligation for City Councilmembers,
Planning Commissioners, City Manager, City Attorney, and Public Officials who Manage Public
Investments (City Treasurer), as Government Code Section 87200 et seq., requires disclosure for these
positions as a matter of state law.
CITY OF MOORPARK
CONFLICT OF INTEREST CODE
DESIGNATED POSITIONS AND DISCLOSURE CATEGORIES
Designated Positions Disclosure Category
I. Administrative Services Department
1. Administrative Specialist 1
2. Administrative Services Director 1
3. Administrative Services Manager 1
4. Assistant to City Manager 1
5. Assistant to City Manager/City Clerk 1
6. Assistant City Clerk 1
7. City Clerk 1
8. Deputy City Clerk 1 2
9. Deputy City Clerk II 2
10. Deputy City Manager 1
11. Human Resources Analyst 3
12. Human Resources Assistant 3
13. Human Resources Specialist 3
14. Information Systems Analyst 4
15. Information Systems Manager 1
16. Information Systems Technician 1 4
17. Information Systems Technician 11 4
18. Management Analyst 1
19. Senior Information Systems Analyst 4
20. Senior Management Analyst 1
II. Public Works Department
1. Assistant City Engineer 1
2. Assistant Engineer 1
3. Assistant Engineer Consultant 1*
4, Associate Civil Engineer 1
5. Associate Engineer Consultant 1*
6. City Engineer/Public Works Director 1
7. Civil Engineer Consultant 1*
8. Construction Inspector Consultant 1*
9. Management Analyst 1
10. Principal Engineer Consultant 1
11. Public Works Director 1
12. Public Works Superintendent/Inspector 1
13. Public Works Supervisor 1
14. Senior Civil Engineer 1
15. Senior Engineer Consultant 1
17
Resolution No. 2012-3111
Page 5
Designated Positions Disclosure Category
16. Senior Maintenance Worker 5
17. Senior Management Analyst 1
18. Traffic Engineer Consultant 1*
III. Community Development Department
1. Administrative Services Manager 1
2. Assistant Planner 1 1
3. Assistant Planner II 1
4. Associate Planner 1
5. Building Inspector Consultant 1
6. Building Official Consultant 1*
7. Code Compliance Supervisor 1
8. Code Compliance Technician 1 1
9. Code Compliance Technician II 1
10. Community Development Director 1
11. Community Development Technician 1
12. Construction Administrator Consultant 1*
13. Management Analyst 1
14. Planning Director 1
15. Planning Manager 1
16. Principal Planner 1
17. Redevelopment Manager 1
18. Senior Building Inspector Consultant 1
19. Senior Management Analyst 1
IV. Finance Department
1. Accountant 1 1
2. Accountant II 1
3. Budget and Finance Manager 1
4. Finance Director 1
5. Finance/Accounting Manager 1
6. Senior Account Technician 1
V. Parks, Recreation, and Community Services Department
1. Active Adult Center Coordinator 6
2. Active Adult Center Supervisor 6
3. Administrative Specialist 7
4. Assistant City Manager 1
5. Community Services Technician 7
6. Facilities Technician 5
7. Landscape/Parks Maintenance Superintendent 1
8. Management Analyst 1
9. Parks and Facilities Supervisor 5
10. Parks and Landscape Manager 1
11. Parks and Recreation Director 1
12. Recreation/Community Services Manager 1
13. Recreation Coordinator 1 8
14. Recreation Coordinator 11 8
18
Resolution No. 2012-3111
Page 6
Designated Positions Disclosure Category
15. Recreation Coordinator III 8
16. Recreation Leader IV 8
17. Recreation Specialist 8:
18. Recreation Superintendent 8
19. Recreation Supervisor 8
20. Senior Maintenance Worker 5
21. Senior Management Analyst 1
22. Vector/Animal Control Specialist 9
Vi. Moorpark Arts Commission Members 1
VII. Library Board Members 1
VIII. Parks and Recreation Commission Members 1
IX. Assistant City Attorney 1*
Other Designated Consultants 1*
Positions Not Yet Designated 1
X. Successor Agency and Successor Housing Agency of the Redevelopment Agency
of the City of Moorpark
1. Executive Director 1
2. Redevelopment Manager 1
3. Agency Counsel 1
XI. Oversight Board to the Successor Agency of the Redevelopment Agency of the City of
Moorpark Members 1
*The Fair Political Practice Commission Regulation (2 California Code of Regulations Section 18700)defines "consultant" as an
individual who,pursuant to a contract with a state or local government agency:
(A) Makes a governmental decision whether to:
(i) Approve a rate,rule or regulation;
(ii) Adopt or enforce a law;
(iii) Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order or similar
authorization or entitlement;
(iv) Authorize the agency to enter into,modify or renew a contract provided it is the type of contract which requires
agency approval;
(v) Grant agency approval to a contract which requires agency approval and in which the agency is a party or to
the specifications for such a contract;
(vi) Grant agency approval to a plan,design,report,study or similar item;
(vii) Adopt, or grant agency approval of, policies, standards, or guidelines for the agency, or for any subdivision
thereof;or
(B) Serves in a staff capacity with the agency and in that capacity performs the same or substantially all the same duties
for the agency that would otherwise be performed by an individual holding a position specified in the agency's
Conflict of Interest Code.
Consultants shall be included in the list of designated positions and shall disclose pursuant to Category 1, subject to the
following limitation:
The City Manager may determine in writing that a particular consultant, although a"designated position,"is hired to perform a
range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements described in
this section. Such written determination shall include a description of the consultant's duties and,based upon that description,
a statement of the extent of disclosure requirements. The City Manager's determination is a public record and shall be
retained for public inspection in the same manner and location as this Conflict of Interest Code.
19
Resolution No. 2012-3111
Page 7
APPENDIX B
CITY OF MOORPARK
CONFLICT OF INTEREST CODE
DISCLOSURE CATEGORIES DESCRIPTION
Category 1
Any investment or interest in real property, any loan, any gift, or any income in which the
"designated employee" or spouse has an interest within the jurisdiction of the City of
Moorpark, as defined in this Code; and any investments in business entities or income from
sources which provide supplies, equipment or services of the type utilized by the
department or division for which the Designated Position is assigned.
*Disclosure by Consultants
Consultants shall be included in the list of designated positions and shall disclose pursuant
to Category 1, subject to the following limitation:
The City Manager may determine in writing that a particular consultant, although a
"designated position," is hired to perform a range of duties that is limited in scope and thus
is not required to fully comply with the disclosure requirements in this section. Such written
determination shall include a description of the consultant's duties and, based upon that
description, a statement of the extent of disclosure requirements. The City Manager's
determination is a public record and shall be retained for public inspection in the same
manner and location as this Conflict of Interest Code.
Category 2
Any investment in, or interest from, as defined by the Code, any person or business entity
which provides services, goods or equipment involving municipal elections, printing
services, records management, or preparation of minutes or transcripts.
Category 3
Any investment in, or income from, as defined by the Code, any person or business entity
which provides human resources and risk management related services, goods or
equipment, including but not limited to recruitment, testing, selection or placement,
temporary staffing, and insurance and other benefit programs.
20
Resolution No. 2012-3111
Page 8
Category 4
Any investment in, or income from, as defined by the Code, any person or business entity
which provides services, goods or equipment involving purchasing of supplies, equipment,
or services, including but not limited to installation, maintenance or repair of City equipment
such as telephones, copiers, and computers, and purchasing of City office and computer
supplies, software and equipment.
Category 5
Any investment in, or income from, as defined by the Code, any person or business entity
which provides parks, recreation, building construction and maintenance supplies,
engineering, or public works related services, goods, or equipment, including but not limited
to maintenance of parks, landscaping, City-owned facilities/buildings, streets, and other
public right-of-way.
Category 6
Any investment in, or income from, as defined by the Code, any person or business entity
which provides services, goods, or equipment for seniors, including but not limited to
contract instructor services, and recreation and special event services and supplies.
Category 7
Any investment in, or income from, as defined by the Code, any person or business entity
which provides public transit, solid waste, recycling, or household hazardous waste related
services, goods or equipment, including but not limited to bus and taxi services, solid waste
franchise services, and household hazardous waste cleanup type services.
Category 8
Any investment in, or income from, as defined by the Code, any person or business entity
which provides parks and recreation related services, goods, or equipment, including but
not limited to contract instructor services, recreation and special event services and
supplies, playground equipment, day care and teen event services and supplies.
Category 9
Any investment in, or income from, as defined by the Code, any person or business entity
which provides vector and/or animal control related services, goods, or equipment.
21
Resolution No. 2012-3111
Page 9
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. 2012-3111 was
adopted by the City Council of the City of Moorpark at a regular meeting held on the 6th
day of June, 2012, and that the same was adopted by the following vote:
AYES: Councilmembers Mikos, Millhouse, Pollock, Van Dam, and Mayor Parvin
NOES: None
ABSENT: None
ABSTAIN: None
WITNESS my hand and the official seal of said City this 7th day of June, 2012.
Maureen Benson, City Clerk
(seal)
9
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22
OVERSIGHT BOARD TO SUCCESSOR AGENCY
OF THE REDEVELOPMENT AGENCY
OF THE CITY OF MOORPARK MEETING
of ITEM 7.D.
ACTION:
BY:
OVERSIGHT BOARD TO THE SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK
AGENDA REPORT
TO: Oversight Board to the Successor Agency
FROM: Ron Ahlers, Finance Director64—
Deborah Burdorf, Accountant 1
DATE: June 6, 2012 (Oversight Board Meeting June 19, 2012)
SUBJECT: Consider Successor Agency to the Redevelopment Agency
Quarterly Investment Report
SUMMARY
The City of Moorpark's Investment Policy, last adopted by the City Council on July 20,
2011 requires the City Treasurer to submit a quarterly report to the City Council and the
City Manager. Following a recent amendment to the investment section 5.6 of Council
policy, a separate quarterly report shall be provided to the City Council acting as
Successor Agency and Successor Housing Agency.
DISCUSSION
The attached-Quarterly Investment Report includes the total of funds for the Moorpark
Redevelopment Agency as well as the Successor Agency to the Redevelopment
Agency. The portfolio consists of the unrestricted cash in the two general accounts, as
well as the restricted cash in the fiscal agent accounts. There are no investments at this
time.
FISCAL IMPACT
None.
STAFF RECOMMENDATION
Approve the Successor Agency to the Redevelopment Agency Quarterly Investment
Report.
23
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Successor Agency
Treasurer's Report
For Quarter Ended March 31, 2012
Fiscal Year 2011/ 12
N
Successor Agency Schedule 1
Investment Portfolio
Quarter Ended
March 31,2012
Successor Agency
Moorpark to the Redevelopment Combined Total
Redevelopment Agency Agency Combined Total December 31,2011
Book Book Book Book
Value Value Value Value Change
Unrestricted Cash:
General account $ 3,712,019.44 $ 1,010,340.08 $ 4,722,359.52 $ 2,868,744.16 $ 1,853,615.36
Flexible spending account - - - $ - $ -
Petty cash 1,500.00 - 1,500.00 3,250.00 (1,750.00)
3,713,519.44 1,010,340.08 4,723,859.52 2,871,994.16 1,851,865.36
Restricted Cash:
Cash with fiscal agent 2,555,973.61 2,555,973.61 1,884,770.53 671,203.08
2,555,973.61 - 2,555,973.61 1,884,770.53 671,203.08
Total Cash 6,269,493.05 1,010,340.08 7,279,833.13 4,756,764.69 2,523,068.44
Investment Portfolio:
Local Agency Investment Fund - 6,347,374.25 100% (6,347,374.25)
Total Investments - - - 6,347,374.25 100% (6,347,374.25)
Total Cash/Cash Equivalents $ 6,269,493.05 $ 1,010,340.08 $ 7,279,833.13 $ 11,104,138.94 _L_L3,824,305.81)
In compliance with the California Governmental Code Section 53646,the City Treasurer of the City of Moorpark hereby certifies that sufficient investment liquidity and
anticipated revenues are available to meet the City's budgeted expenditure requirements for the next six months.
This investment report conforms with the City of Moorpark's current Investment Policy approved by the City Council on July 20,2011.
Re�speccttfully submitted,
vim' `
ALL-
(Rpn Ulers,City Treasurer
N 3-31-12 Successor Agency Investment Report 5/2212012 Page 1 of 3
U-1
Successor Agency Schedule 2
Investment Portfolio
Quarter Ended
March 31,2012
Type Purchase Maturity Time to Book Market Accrued
City of Issuer Price Date Date Maturity Account Rate Yield Par Cost Value Value Interest
Moorpark Months
Moorpark Redevelopment Agency
LAIF State of California n/a Demand n/a 0.38% $ - $ - $ -
Port.%
BNY Fiscal Fid US Trsy MM 01 COI 1.00 0.97% 599992760 423539 1.10 1.10 1.10
Agent Fid US Trsy MM 99 Int 1.00 0.99% S99992760 423534 654,996.25 654,996.25 654,996.25
Fid US Trsy MM 99 Prin 1.00 0.99% S99992760 423537 0.02 0.02 0.02
Fid US Trsy MM 01 Sinking 1.00 1.00% 599992760 423508 - - -
CDC GIC 01 1.00 18-Jan-02 1-Oct-31 0.98% S86754560 423540 584,674.00 584,674.00 584,674.00
Fid US Trsy MM STF 06 1.00 0.98% S99992760 423540 1,316,302.24 1,316,302.24 1,316,302.24
Fid US Trsy MM COI 06 1.00 888968
Total Fiscal Agent $ 2,555,973.61 $ 2,555,973.61 $ 2,555,973.61
Grand Total 2,555,973.61 2,555,973.61 2,555,973.61
The investment portfolio conforms with the City of Moorpark's Investment Policy adopted by the City Council on July 20,2011 and meets the"prudent investor'requirement.
N 3-31-12 Successor Agency Investment Report 5/22/2012 Page 2 of 3
Successor Agency Schedule 3
Investment Report
Activity for Quarter ended
March 31,2012
Successor Successor
Moorpark Agency to the Agency to the Total
Redevelopment Redevelopment Low/Mod Income Book Market
Agency Agency Housing Agency Value Value
General Operating Cash:
Balance forward $ 2,868,744.16 $ - $ - $ 2,868,744.16
Revenues 63,014.99 50,880.02 - 113,895.01
Expenditures (92.46) 1,540,539.94 - 1,540,447.48
Revenues over expenditures 63,107.45 (1,489,659.92) - (1,426,552.47)
Other Revenues/Expenditures:
LAIF withdrawals 7,355,751.09 - - 7,355,751.09
LAIF deposits (1,000,000.00) - (1,000,000.00)
Ventura County Pool - - - -
Certificates of Deposit - - - -
Purchase US Treasury/Agencies - - - -
Maturities US Treasury/Agencies - - - -
Repay Advances (2,171,278.82) - - (2,171,278.82)
Debt Service (654,910.43) - - (654,910.43)
Repay January advances (249,394.01) - - (249,394.01)
Repay HSAC credit card - - - -
Wire from MRA (2,500,000.00) 2,500,000.00
Total Other 780,167.83 2,500,000.00 - 3,280,167.83
Ending Balance $ 3,712,019.44 $ 1,010,340.08 $ - $ 4,722,359.52 $ 4,722,359.52
Cash with Fiscal Agent:
Balance forward $ 1,884,770.53 $ 1,884,770.53
Interest earned 16,281.55 16,281.55
Bond proceeds - -
Transfers in 654,921.53 654,921.53
Revenues 671,203.08 671,203.08
Disbursements - -
Debt service payments -
Expenditures - -
Revenues over expenditures 671,203.08 671,203.08
Ending Balance $ 2,555,973.61 $ 2,555,973.61 (1) $ 1,200,199.61
Petty Cash:
Balance forward $ 1,500.00 $ 1,500.00
Ending Balance $ 1,500.00 $ 1,500.00
General operating accounts are subject to Bank of America compensating balance requirements to offset banking activity charges.
(1) Market value equals book value less"GIC's" $ 1,355,774
The"Guaranteed Insurance Contract"(GIC)represents the Debt Service Reserve for MRA 1999 Tax Allocation Bond issue.
N
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