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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 REORDERING OF, AND ADDITIONS TO, THE AGENDA: (Items to be withdrawn from the Consent Calendar shall be identified at this time.) 6.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 J i r a .. x cn.,.r.•r,s, .r .► t 31 32 ,33. 3637 . _ 30 35 93021 - - .,...... .a__ �... a 38 au-n n.., - -a 1 Sarah Av.• 3rd SC • :• •. le So,-A a 3� � a t2.11iytiatp�ad�y7t1 C :.•, �7Moi0riM C .ac.DYa t i _ A .�a -`:3 � ,��j... 'aF Governmental Purposes o m 9,0 Oq�r�" „ JO y.. 1{� 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 o9��D w�1 w 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 O � Am A 1 �fD 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 Z � n09 A�9q Jul ?Fp � 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 J 3-31-12 Successor Agency Investment Report 5/22/2012 Page 3 of 3