HomeMy WebLinkAboutAGENDA REPORT 2014 0715 OB REG ITEM 07D OVERSIGHT BOARD TO SUCCESSOR AGENCY
OF THE REDEVELOPMENT AGENCY
OF THE CITY OF MOORPARK MEETING
of 9-15-40/�` ITEM 7.D.
ACTION: O 4 �®oa, o 196„10,4,64.
BY: CPA
OVERSIGHT BOARD TO THE SUCCESSOR AGENCY OF THE
REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK
AGENDA REPORT
TO: Oversight Board
FROM: David C. Moe II, Economic Development and Housing Manager
DATE: July 8, 2014 (OB Meeting of 7/15/14)
SUBJECT: Consider Resolution Approving Revised Long-Range Property
Management Plan
BACKGROUND
Pursuant to AB 1484, the Successor Agency to the Redevelopment Agency of the City
of Moorpark (Successor Agency) was responsible for drafting a Long-Range Property
Management Plan (LRPMP). The Successor Agency was required to submit the
LRPMP for the real property of the dissolved redevelopment agency to the Oversight
Board and the Department of Finance (DOF) for approval pursuant to Health and Safety
Code Section 34191.5, within six months (September 21, 2013) after receipt of the
Finding of Completion.
On August 20, 2013, the Oversight Board approved the LRPMP and directed the
Successor Agency to submit the LRPMP to DOF. The LRPMP was received by DOF
on September 13, 2013. DOF informed the Successor Agency that they would not be
able to review it until they finished approving all the Recognized Obligation Payment
Schedule (ROPS).
DISCUSSION
Staff received initial comments from DOF in January 2014 and additional comments in
March 2014. Staff answered DOF's questions and submitted the requested
documentation. On May 28, 2014, DOF notified the Successor Agency of further
questions and requested several properties be changed from government use and
identified as a different permissible use on the LRPMP (Attachment 1).
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Oversight Board
July 15, 2014
Page 2
The following is a summary of DOF's questions and requested revisions:
1) Requirement for compensation agreements between the City of Moorpark
(City) and the taxing entities for all properties that the City intends to hold,
except for properties that the DOF approves as governmental use properties.
2) Additional documentation for the government uses on 192 High Street
(Chamber of Commerce, Moorpark Avenue ROW, and Metrolink parking) and
documentation that the Successor Agency is working with VCTC to develop
additional parking on the former fueling station property (450 High Street).
3) Estimated value of all proposed government use properties.
4) The High Street Arts Center, 33 High Street, and RDA purchased civic center
sites do not meet DOF's interpretation of governmental use property.
5) The County Assessor identified four additional properties that should be
included on the LRPMP.
6) Property located at 512 Los Angeles Avenue is not on the LRPMP.
Staff has reviewed the questions and requested revisions to the LRPMP. The
requirement that the City must enter into compensation agreements with the taxing
entities for all properties that the City intends to hold, except for properties that the DOF
approves as governmental use properties will be included in the proposed resolution
revising the LRPMP (Attachment 2). Additional documentation will be sent to DOF
providing evidence that certain properties located on the south side of High Street are
utilized for government uses. Staff has added the estimated value of $1.00 to all the
government use properties on the LRPMP (Attachment 3). Staff has reviewed the four
additional properties identified by the County Assessor report to DOF and believes the
properties were rightfully purchased by the City of Moorpark (City) and are not to be
included in the LRPMP. The property located at 512 Los Angeles Avenue is listed on
the LRPMP as 500 Los Angeles Avenue. Two addresses have been used on the
property in the past.
In addition, the property located at 161 Second Street was purchased by the City for a
park project utilizing redevelopment tax increment funds. Staff believes that since the
property was purchased with redevelopment tax increment funds that is should be
included in the LRPMP. Staff contacted DOF and informed them of this additional
property that needed to be added to the LRPMP. DOF told staff to add the property to
the revised LRPMP when it is resubmitted to the Oversight Board for approval.
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Oversight Board
July 15, 2014
Page 3
Staff does not agree with DOF's interpretation of governmental uses. Health and Safety
Code 34181 (a) reads:
Dispose of all assets and properties of the former 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, police and fire stations, libraries, and
local agency administrative buildings, 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.
Asset disposition may be accomplished by a distribution of income to taxing entities
proportionate to their property tax share from one or more properties that may be
transferred to a public or private agency for management pursuant to the direction of the
oversight board.
The High Street Arts Center and the adjacent building and parking area located at 33
High Street (collectively the HSAC) has been utilized by the City for a performing arts
center as part of its recreational programing since 2005. Productions and programming
including a youth theater arts academy are provided via an agreement with the
Moorpark Foundation for the Arts, a non-profit 501 (c)(3) corporation. Other
governmental entities that utilize the HSAC for student programs are the Moorpark
College and Moorpark Unified School District. Based on the fact that the HSAC has
been used for a governmental use for almost 10 years, staff believes that the HSAC
should remain a governmental use on the LRPMP.
DOF is also stating that the four future civic center expansion site properties identified
on the LRPMP are not a governmental use and need to be designated as another
permissible use. Of these four properties, staff has discovered that 661 Moorpark
Avenue was actually an asset of the City and will be removed from the LRPMP.
The City is actively planning the expansion of the existing Moorpark Library and new
civic center. These expansions are consistent with Section 3.3.3 f) of the Downtown
Specific Plan, which states:
f) Continue to maintain a c1v1c presence in downtown through the
expansion of the Civic Center area to provide for an enlarged City Halt
and Library.
The City's planned expansion of the Moorpark Library and other downtown
improvements are also identified in the 2010-14 Five Year Implementation Plan for the
Moorpark Redevelopment Project. Below is an excerpt from the plan:
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Oversight Board
July 15, 2014
Page4
3.1 GOALS AND OBJECTIVES: FY 2009-10-FY 2014-15
Goal No. I: Encourage and increase economic development activities in the
Project Area
Objectives:
1.1 Provide resources for attracting new businesses and retaining and
assisting with the expansion of existing businesses in the Project Area.
1.2 Provide assistance with land acquisition and relocation of existing uses
to support public and private development.
Goal No. II: Make improvements to Project Area infrastructure and public
facilities which benefit the Project Area
Objectives:
11.1 Provide funding, as appropriate and feasible, for public facilities, such as
parking facilities, parks and recreation facilities, landscaping and other
amenities, which serve properties and people in the Project Area.
11.2 Continue funding for infrastructure improvements in the public right-of-
way (including sewer, storm drain, water systems, and surface
improvements) which benefit the Project Area.
11.3 Reduce traffic congestion, install traffic signals as needed, improve
public safety, and reduce public parking deficiencies within the Project
Area.
11.4 Provide funding, as appropriate and feasible, for public service facilities
such as a library, senior center, human services and parks and
recreational facilities.
Goal No. Ill: Revitalize the Downtown Area
Objectives:
111.1 Complete redevelopment of Agency-owned properties on High Street
including 467 High Street and property on the south side of High Street
between the Metrolink lot and Moorpark Avenue.
111.2 Work with private developers to acquire and redevelop property on the
east end of High Street.
111.3 Install Metrolink Station wall, landscaping, and access improvements.
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Oversight Board
July 15, 2014
Page 5
111.4 Acquire land, if necessary, and construct new park and recreational
facilities in the Project Area.
111.5 Complete streetscape improvements along High Street and Moorpark
Avenue including: i) public and angle parking on High Street; ii) widening
of Moorpark Avenue consistent with the Circulation Element; and iii)
enhancing public safety by installing improvements such as lighted,
decorative bollards delineating vehicular and pedestrian zones as
appropriate.
111.7 Expand Library.
111.8 Underwrite or finance and construct the Human Services Center on a
two-acre site north of the Police Services Center.
111.9 Acquire property and partner with private and non-profits developers
provide a minimum of 40 new affordable housing units in the Downtown
Area, including both single family units and multiple family units.
The City has a conceptual design and is currently conducting an Environmental Impact
Report of the civic center and library expansion. The remaining three properties listed
on the LRPMP are currently vacant, but the City has had plans, and is actively pursuing
the construct of a governmental use on these properties. Staff recommends these three
properties remain a governmental use on the LRPMP.
Staff has requested support from Senator Pavley's and Assembly Member Gorell's
offices for assistance convincing DOF that the HSAC and the civic center expansion
properties should remain a governmental use on the LRPMP. The Successor Agency
intends to solicit letters of support from the local taxing entities stating that the HSAC
and the civic center expansion properties should remain a governmental use on the
LRPMP.
Approval of the revised LRPMP is not a project for purposes of the California
Environmental Quality Act (Pub. Res. Code Section 21000 et seq.) and the CEQA
Guidelines (14 Cal Code Regs 15000 et seq.) because it is an organizational or
administrative activity of government that will not result in direct or indirect physical
changes in the environment (CEQA Guidelines Section 15378(b)(5)). Further, it can be
seen with certainty that there is no possibility that approval of the revised LRPMP may
have a significant effect on the environment, and thus the action is exempt from CEQA
(CEQA Guidelines Section 15061 (b)(3)).
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Oversight Board
July 15, 2014
Page 6
FISCAL IMPACT
On August 20, 2013, the Oversight Board approved the disposition of the properties
listed in the LRPMP. The governmental use properties were originally proposed to
transfer to the City at no charge, but will now transfer at a cost of $1.00 per parcel
based on DOF's request to put a value on the governmental use properties. Staff
anticipates that the properties listed for sale on the LRPMP will generate approximately
$2,000,000.00. The proceeds from the sale would be deposited in the Successor
Agency Trust Fund and used by the Successor Agency to fulfill enforceable obligations.
After payment of enforceable obligations, any surplus funds would be distributed as
property taxes to the taxing entities. Staff would like to note that the current tenant
operating a used RV dealership on the property located on 500 Los Angeles Avenue
would like to purchase the property immediately after DOF's approval of the LRPMP.
Staff estimates this sale may generate $800,000.00 -$1,000,000.00 (exact sale price
will be established by an appraisal) in sale proceeds.
STAFF RECOMMENDATION
1. Adopt Resolution No. OB-2014-approving the revised Long-
Range Property Management Plan.
2. Direct staff to submit the revised LRPMP and resolution to the Department
of Finance.
207
Attachment 1
David Moe
From: Prisakar, Nicole < Nicole.Prisakar@dof.ca.gov>
Wednesday, May 28, 2014 2:15 PM Sent:
To: David Moe
Cc: Medina Jackson, Susana
Subject: Moorpark LRPMP additional questions
Good afternoon David,
Per our review of your LRPMP the following deficiencies have been identified and are listed below.
There are a few ways the Successor Agency can dispose of property (permissible use):
1. Transfer to City/County for Governmental Use
2. Transfer to City/County for Future Development
3. Sell property
4. Retain to fulfill an EO
• If transferring to city/county for future development, the Successor Agency will need to state the intent
to enter into a Compensation agreement between the City/County and the taxing entities pursuant to
HSC 34180 (f)(1)
• If the agency wants to sell, they must explain where the funds will go; to the CAC for distribution to the
taxing entities or to fulfill enforceable obligations.
There are other specific questions on each property below:
Property Nos. 1 -3, 6 Permissible Use is listed as "Future Development". The Permissible Use detail states
that the property will be sold for development. Is it possible that the Agency is transferring properties to the
City to be sold to a developer for development? In this case the Agency will need to state the intent to enter
into a compensation agreement as described above. If the Agency intends to sell the property to an interested
developer directly than it must state the intended use of the sales proceeds. Please clarify.
Property No. 4 -Is this property part of an Assessment District? Please provide document that shows the City
is working with the Ventura County Transportation Commission to verify property qualifies for Governmental
Use.
Property No. S(a) -Property is listed as being retained for Future Development. Agency will need to state via
OB action that the city will enter into a compensation agreement between the city and the taxing entities.
Property No. 5(b) -The Agency wishes to utilize 0. 75 acres out of approximately 3 acres for governmental
use. Further, the Agency specifies that the property will be used for Moorpark Avenue right of way, Chamber
of Commerce, Downtown Park and Metrolink parking lot.
Can the Agency provide documents to support the intended use as well as show specific map locations for
each site?
1
208
Property No. 7-12 -Properties do not meet the definition of Governmental use property as per HSC Section
34181 (a) which describes governmental use property as roads, school buildings, parks, police and fire
stations, libraries and local agency administrative buildings to the appropriate public jurisdiction.
If the Agency desires to transfer properties to the City that do not qualify for governmental use, HSC section
34180 (f) requires cities retaining properties or assets to reach a compensation agreement with the other
taxing entities to provide payments to them in proportion to their shares of the base property tax for the value
of the property retained.
The Agency may choose to sell the properties, providing an explanation where the funds will go; to the CAC for
distribution to the taxing entities or to fulfill enforceable obligations.
Please specify the permissible use for properties 7-12.
Property at 512 Los Angeles Avenue -per our review of the Agency Capital Asset List this property was not
included into the LRPMP. Does the property still belong to the Agency? Explain why it was not included in the
plan.
Additional information is needed for the following properties:
Property Nos. 4, S(b), 7-17 -Estimated current value and estimated of current parcel value
Property Nos. 14 & 16-Please estimate the lot size. For property No.16 provide address.
In addition, per Ventura County Assessor report we have noted that there are four properties with APNs 506-0-
020-525; 512-0-090-120; 512-0-062-020; 512-0-171-245 that are not listed on the plan -please explain.
Let me know if you would like to set up a time for a phone call to go over this e-mail. I would be glad to clarify
any questions in order to avoid any unnecessary delay of your LRPMP review.
Thank you for your cooperation.
lflfaftt?t
local f/oih!t<-!fiffi!lft ttrrl
Oep1rtnrMt o/ hirM&<
Tef 9!6-115-1516 ext. 3738
2 209
Attachment 2
RESOLUTION NO. OB-2014----
A RESOLUTION OF THE OVERSIGHT BOARD TO THE
SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY
OF THE CITY OF MOORPARK, CALIFORNIA, FOR THE
REGULAR MEETING OF JULY 14, 2014, APPROVING A
REVISED LONG-RANGE PROPERTY MANAGEMENT PLAN
PREPARED BY THE SUCCESSOR AGENCY PURSUANT TO
CALIFORNIA HEAL TH AND SAFETY CODE SECTION 34191.5
WHEREAS, as authorized by applicable law, the City of Moorpark has elected to
serve as the Successor Agency of the Redevelopment Agency of the City of Moorpark
(the "Successor Agency"); and
WHEREAS, on February 1, 2012, all assets, properties, contracts, leases, books
and records, buildings, and equipment of the former Redevelopment Agency of the City
of Moorpark (the "Agency") transferred to the control of the Successor Agency by
operation of law; and
WHEREAS, Health and Safety Code Section 34191.5(b) requires the Successor
Agency to prepare a long-range property management plans to address the disposition
and use of the real property of the former Agency, which must be submitted to the
Oversight Board to the Successor Agency (the "Oversight Board") and the Department
of Finance (the "DOF") for approval no later than six months following the issuance by
DOF to the Successor Agency of a finding of completion pursuant to Health and Safety
Code Section 34179.7; and
WHEREAS, pursuant to Health and Safety Code Section 34179.7, DOF issued a
finding of completion to the Successor Agency on March 25, 2013; and
WHEREAS, the Successor Agency approved the long-range property
management plan ("Plan") on July 17, 2013, and submitted the Plan to the Oversight
Board the in accordance with Health and Safety Code Section 34191.5; and
WHEREAS, pursuant to Health and Safety Code Section 34180 U), at the same
time the Successor Agency submitted the Plan to the Oversight Board, the Successor
Agency submitted the Plan to the County Administrative Officer, the County Auditor-
Controller, the State Controller, and DOF; and
WHEREAS, the Oversight Board approved the Plan as item number 7 A on its
August20, 2013, agenda;and
WHEREAS, the Oversight Board finds that the Plan was prepared in accordance
with the requirements of Health and Safety Code Section 34191.5; and
WHEREAS, the Successor Agency submitted the Plan to DOF on September 13,
2013;and
210
Resolution No. OB-2014-__
July 15, 2014
Page 2 of 3
WHEREAS, on May 28, 2014, DOF requested certain changes to be made to the
Plan and added that the City must enter into compensation agreements with the taxing
entities for all properties that the City intends to hold, except for properties that the DOF
approves as governmental use properties; and
WHEREAS, the Successor Agency has prepared a revised long range property
management plan (the "Revised Plan"), and has submitted the Revised Plan to the
Oversight Board for review and approval; and
WHEREAS, pursuant to Health and Safety Code Section 34180 0), at the same
time the Successor Agency submitted the Revised Plan to the Oversight Board, the
Successor Agency submitted the Revised Plan to the County Administrative Officer, the
County Auditor-Controller, the State Controller, and DOF; and
WHEREAS, the Oversight Board considered the Revised Plan as Agenda Item
7.D. on their July 15, 2014, agenda.
NOW, THEREFORE, THE OVERSIGHT BOARD TO THE SUCCESSOR
AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The Oversight Board finds and determines that the foregoing
recitals are true and correct.
SECTION 2. The Oversight Board hereby approves the Revised Plan. The
Executive Director of the Successor Agency is hereby directed to transmit to DOF the
Revised Plan and this Resolution.
SECTION 3. Except for properties that the DOF approves as governmental use
properties, the City is required to enter into compensation agreements with the taxing
entities for the properties that the City intends to hold pursuant to the Revised Plan.
SECTION 4. This Resolution has been reviewed with respect to the applicability
of the California Environmental Quality Act (Public Resources Code Section 21000 et
seq.) ("CEQA"). Pursuant to the State CEQA Guidelines (14 Cal Code Regs 15000 et
seq.)(the "Guidelines"), the Oversight Board has determined that the approval of the
Revised Plan is not a project pursuant to CEQA and is exempt therefrom because it is
an organizational or administrative activity of government that will not result in direct or
indirect physical changes in the environment (Guidelines Section 15378(b)(5)). Further,
it can be seen with certainty that there is no possibility that approval of the Revised Plan
may have a significant effect on the environment, and thus the action is exempt from
CEQA (Guidelines Section 15061 (b)(3)). Staff of the Successor Agency is hereby
directed to prepare and post a notice of exemption pursuant to Guidelines Section
15062.
SECTION 5. The staff of the Successor Agency is hereby authorized and
directed, jointly and severally, to do any and all things which they may deem necessary
or advisable to effectuate this Resolution and any such actions previously taken are
hereby ratified.
2 211
Resolution No. OB-2014---July 15, 2014
Page 3 of 3
SECTION 6. The Secretary shall certify to the adoption of this resolution and
shall cause a certified resolution to be filed in the book of original resolutions.
PASSED AND ADOPTED this 15th day of July, 2014.
Bruce Hamous, Chair
ATTEST:
Maureen Benson, Secretary
3 212
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