HomeMy WebLinkAboutAGENDA REPORT 2014 1105 CC SPC ITEM 05A ITEM 5.A.
CITY OF MOORPARK,CAL1FOR 1A
MOORPARK CITY COUNCIL City Council eating
AGENDA REPORT -�i ,'
ACTION • , �A
TO: Honorable City Council v,
FROM: Deborah S. Traffenstedt, Deputy City Manager
DATE: November 3, 2014(CC Special Meeting of 11/05/14)
SUBJECT: Consider Agreement to Purchase Tax Defaulted Property APN 500-0-
170-295 and Resolution Authorizing the Purchase of the Property
and Amending the Fiscal Year 2014/15 Budget to Appropriate
Funding from the City's Endowment Fund
BACKGROUND
The City received a Notice to Taxing Agencies and list of tax-defaulted properties on
June 25, 2014, from the Ventura County Treasurer-Tax Collector. Staff filed an
objection to the sale of one property, APN 500-0-170-295 (Lot 2 of Parcel Map No.
3220-1), and also filed an application to purchase the tax-defaulted property from
Ventura County, based on the intended use of the parcel for public purpose, as is
permitted by the California Revenue and Taxation Code. The subject property is
located east of Rustic Canyon Golf Course and north of Moorpark College, outside of
the City's boundaries, and is estimated to total 44.31 acres (see map included as
Attachment 1). The owner of the property is listed as Messenger Investment Company.
On October 31, 2014, the City received an Agreement to Purchase Tax-Defaulted
Property (see Attachment 2) for $99,112.00, which includes the cost of the taxes due
and the County giving notice. The land value for the 2014 assessed year is shown as
$740,410 in the property detail report available through the City's geographic
information system.
DISCUSSION
The Agreement to Purchase Tax-Defaulted Property included as Attachment 2 requires
the City to pay the sum of $99,112.00 for the Property within ten (10) days after the
effective date of the Agreement, to confirm that the property shall be used for a public
purpose, and to adopt a resolution authorizing the purchase of the property for the
purchase price (see draft resolution included as Attachment 3).
A budget amendment is required to fund the property purchase. Staff recommends
allocating the money from the City Endowment Fund, and the resolution includes a
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Honorable City Council
City Council Special Meeting of 11/5/14
Page 2
budget amendment approval. If the sale to the City goes through, staff will schedule a
subsequent agenda report for the City Council to consider authorizing the Mountains
Recreation and Conservation Authority (a joint partnership between the Santa Monica
Mountains Conservancy, the Conejo Recreation and Park District, and the Rancho Simi
Recreation and Park District), or other appropriate entity, to manage this open space
property for the City.
FISCAL IMPACT
The cost of the tax defaulted property is $99, 112.00.
STAFF RECOMMENDATION ROLL CALL VOTE
1. Authorize the City Manager to sign the Agreement to Purchase Tax-Defaulted
Property; and
2. Adopt Resolution 2014-__ authorizing the purchase of the property and
amending the Fiscal Year 2014/15 Budget to fund the purchase from the City's
Endowment Fund.
Attachments:
1 . Property Location Map
2. Agreement to Purchase Tax Defaulted Property APN 500-0-170-295
3. Draft Resolution
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ATTACHMENT 2
AGREEMENT TO PURCHASE TAX-DEFAULTED PROPERTY
This Agreement is made by and between the Board of Supervisors of the County of Ventura, State
of California ("SELLER") and the City of Moorpark ("PURCHASER"), pursuant to the provisions
of Division 1, Part 6, Chapter 8, of the Revenue and Taxation Code. This Agreement is made on
the date of its execution by the parties.
It is mutually agreed as follows:
1. SELLER, subject to the State Controller's approval, does hereby agree to sell to
PURCHASER that real property situated within said county and described in Exhibit 1
of this Agreement, which is tax-defaulted for nonpayment of taxes and is now subject
to the tax collector's power of sale ("PROPERTY").
2. PURCHASER agrees to pay the sum of $99,112.00 for the PROPERTY within 10 days
after the EFFECTIVE DATE of this Agreement as defined below, which includes the
cost of giving notice of this Agreement ("PURCHASE PRICE"). Upon receipt of the
PURCHASE PRICE, the tax collector shall execute and deliver a deed conveying title
to the PURCHASER.
3. PURCHASER agrees that the PROPERTY shall be used for a public purpose.
4. A copy of the resolution authorizing the purchase of the PROPERTY by the PURCHASER
for the PURCHASE PRICE is attached as Exhibit 2.
5. PURCHASER acknowledges and agrees that SELLER makes no representations or
warranties concerning the PROPERTY including, but not limited to, the condition of title
and/or the physical condition of the PROPERTY. PURCHASER acknowledges that the
PROPERTY is being sold as is with no warranties and representations whatsoever.
6. That, if said PURCHASER is a taxing agency as defined in Revenue and Taxation Code
section 121 or any other agency that receives its revenue share under the provisions of
Division 1, Part 8, Chapter 3 of the Revenue and Taxation Code, it will not share in the
distribution of the payment required by the Agreement as defined by section 3 791 and
section 3720 of the Revenue and Taxation Code.
7. Assuming all other conditions to the sale are met, this agreement shall not be effective
until 5 :00 pm on the 21st day after publication of the Notice of Sale in accordance with
Chapter 8, Part 6 of the Revenue and Taxation Code. If all or any portion of the
PROPERTY is redeemed prior to the EFFECTIVE DATE, this Agreement shall be null
and void as to that PROPERTY that is redeemed.
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The undersigned hereby agree to the terms and conditions of this agreement and are duly authorized to sign for
said agencies.
This document is being executed in counterpart, each of which constitutes an original.
ATTEST:
City of Moorpark
ATTEST: MICHAEL POWERS
Clerk of the Board of Supervisors
County of Ventura, State of California
Deputy Clerk of the Board
COUNTY OF VENTURA
Chair, Board of Supervisors
Pursuant to the provisions of Sections 3795 of the Revenue and Taxation Code, the State Controller approves
the foregoing agreement this __ day of ______________ _
JOHN CHIANG, STA TE CONTROLLER
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Parcel Number 500-0-170-295 Default Tax Year 07-08
Legal Description:
LOT 2, IN THE COUNTY OF VENTURA, STATE OF CALIFORNIA, AS SHOWN ON PARCEL MAP NO. 3220-1 FILED IN BOOK 31, PAGES 75, 76 AND 77 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPT EASEMENTS AND MINERAL RIGHTS OF RECORD.
EXHIBIT 1
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ATTACHMENT 3
RESOLUTION NO. 2014-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, AUTHORIZING THE PURCHASE OF
TAX-DEFAULTED PROPERTY, APN 500-0-170-295, FROM THE
COUNTY OF VENTURA, AND AMENDING THE CITY'S FISCAL
YEAR 2014/15 BUDGET BY APPROPRIATING $99,112.00 FROM
THE ENDOWMENT FUND (2800)
WHEREAS, the City of Moorpark has received from the Ventura County
Treasurer-Tax Collector an Agreement to Purchase Tax-Defaulted Property for the real
property described as Assessor Parcel Number (APN) 500-0-170-295 and as Lot 2 in
the County of Ventura, State of California, as shown on Parcel Map No. 3220-1 filed in
Book 31, pages 75, 76 and 77 of Parcel Maps in the Office of the County Recorder of
said County; except easements and mineral rights of record ("PROPERTY"); and
WHEREAS, a staff report has been presented to the City Council recommending
the City Council authorize the City Manager to sign the Agreement to Purchase Tax-
Defaulted Property, and that the Council adopt a resolution authorizing the purchase of
the PROPERTY for $99,112.00 and amending the Fiscal Year 2014/15 Budget to fund
the purchase from the City's Endowment Fund; and
WHEREAS, on June 18, 2014, the City Council adopted the Operating and
Capital Improvement Budget for Fiscal Year 2014/15; and
WHEREAS, a budget adjustment in the aggregate amount of $99,112.00 is
requested from the Endowment Fund (2800) for the PROPERTY acquisition; and
WHEREAS, Exhibit A to this resolution describes said budget amendment and
the resultant impact to the budget line item.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council authorizes the purchase of the PROPERTY for
the purchase price of $99,112.00, and authorizes the City Manager to sign the
Agreement to Purchase Tax-Defaulted Property between the Board of Supervisors of
the County of Ventura, State of California ("SELLER") and the City of Moorpark
("PURCHASER").
SECTION 2. The City Council agrees that the PROPERTY shall be used for a
public purpose.
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Resolution No. 2014-__
Page 2
SECTION 3. A budget amendment in the amount of $99, 112.00 from the
Endowment Fund (2800), as more particularly described in attached Exhibit A of this
resolution, is hereby approved.
SECTION 4. The City Clerk shall certify to the adoption of this resolution and
shall cause a certified resolution to be filed in the book of original resolutions.
PASSED AND ADOPTED this 5th day of November, 2014.
Janice S. Parvin, Mayor
ATTEST:
Maureen Benson, City Clerk
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Resolution No. 2014-__
Page 2
Exhibit A -Budget Amendment
FY 2014/15
BUDGET AMENDMENT FOR
ENDOWMENT FUND
TO FUND PURCHASE OF TAX-DEFAULTED PROPERTY APN 500-0-170-295 FROM
COUNTY OF VENTURA
FUND ALLOCATION FROM:
Fund Account Number Amount
Endowment Fund 2800-5500 $ 99, 112.00
Total $ 99, 112.00
DISTRIBUTION OF APPROPRIATION TO EXPENSE ACCOUNT:
Current
Account Number Budget Revision Amended Budget
2800.2100.0000.9610 $ -$ 99, 112.00 $ 99, 112.00
Total $ -$ 99, 112.00 $ 99,112.00
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