HomeMy WebLinkAboutAGENDA REPORT 2013 0403 CCSA REG ITEM 10J ITEM 10.J.
CITY OF MOORPARK City` ounch MeetinQ
AGENDA REPORT - ---- '3 ' oi3 -- -
To: Honorable City Council
From: David C. Moe 11, Redevelopment Manager w'
Date: March 25, 2013 (Meeting of 4/3/13)
Subject: Consider Resolution Conveying Certain Properties to the Successor
Agency of the City of Moorpark
BACKGROUND & DISCUSSION
On July 6, 2011, the Redevelopment Agency of the City of Moorpark ("Redevelopment
Agency") transferred certain parcels of real property (collectively, "Properties") to the City of
the Moorpark ("City") in an effort to preserve the assets of the Redevelopment Agency.
AB X1 26, as upheld and modified by the Supreme Court in California Redevelopment
Association, et al. v. Ana Matosantos, et al. (53 CaL4th 231(2011)), thereby, dissolving the
Redevelopment Agency as of February 1, 2012 and creating the Successor Agency to the
Redevelopment Agency of the City of Moorpark ("Successor Agency").
AB X1 26, specifically Health and Safety Code Section 34167.5, provides that if the State
Controller determines that an asset transfer occurred between the Redevelopment Agency and
the City after January 1, 2011, and the City is not contractually committed to a third party for
the expenditure or encumbrance of those assets, then the State Controller shall order the
available assets to be returned to the Successor Agency. The State Controller is slowing
auditing redevelopment agencies, but has not initiated an audit of the Redevelopment Agency
or contacted staff.
The Properties of the former Redevelopment Agency are currently held by the City. In order to
comply with Health and Safety Code Section 34167.5, the properties need to be transferred to
the Successor Agency.
Staff recommends approving the attached resolution conveying Properties to the Successor
Agency by a quit claim deed.
115
Honorable City Council
April 3, 2013
Page 2 of 2
FINANCIAL IMPACT
None.
STAFF RECOMMENDATION
1. Adopt Resolution No. 2013- approving the conveyance of Properties to
the Successor Agency by a quit claim deed;
2. Authorize the City Manager to execute the quit claim deed and any other
necessary documents to effectuate the conveyance of the Properties to the Successor
Agency; and
3. Authorize the City Clerk to submit the quit claim deeds for recordation.
Attachment I: Resolution No. 2013-
116
Attachment I
RESOLUTION NO. 2013-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, AUTHORIZING THE
CONVEYANCANCE OF CERTAIN PROPERTIES FROM
THE CITY OF MOORPARK TO THE SUCCESSOR
AGENCY OF THE REDEVELOPMENT AGENCY OF THE
CITY OF MOORPARK
WHEREAS, on July 6, 2011, the Redevelopment Agency of the City of Moorpark
("Redevelopment Agency") transferred certain parcels of real property described in
Exhibit A to this Resolution (collectively, "Properties") to the City of the Moorpark
("City"); and
WHEREAS, pursuant to AB X1 26, as upheld and modified by the Supreme
Court in California Redevelopment Association, et al. v. Ana Matosantos, et al.
(53 Cal.4th 231(2011)), the Redevelopment Agency was dissolved as of February 1,
2012, and the Successor Agency to the Redevelopment Agency of the City of Moorpark
("Successor Agency") was constituted; and
WHEREAS, AB X1 26, specifically Health and Safety Code Section 34167.5,
provides that if the State Controller determines that an asset transfer occurred between
the Redevelopment Agency and the City after January 1, 2011, and the City is not
contractually committed to a third party for the expenditure or encumbrance of those
assets, then the State Controller shall order the available assets to be returned to the
Successor Agency; and
WHEREAS, Health and Safety Code Section 34167.5 further declares: "The
Legislature...finds that a transfer of assets by a redevelopment agency during the
period covered in this section is deemed not to be in the furtherance of the Community
Redevelopment Law and is thereby unauthorized"; and
WHEREAS, without conceding the applicability of Health and Safety Code
Section 34167.5 to the transfer of the Properties by the Redevelopment Agency to the
City on July 6, 2011, the City desires to return the Properties to the Successor Agency
at this time;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK,
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The above recitals are true and correct and made a substantive
part of this Resolution.
SECTION 2. The City conveys of the Properties to the Successor Agency.
117
Honorable City Council
Resolution No. 2013-
Page 2
SECTION 3. The City Manager is authorized to execute and the City Clerk is
authorized to record one or more quitclaim deeds, substantially in the form attached as
Exhibit B, to effectuate the conveyance of the Properties to the Successor Agency.
SECTION 4. The officers and staff of the City are 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 by such
officers and staff are hereby ratified and confirmed.
SECTION 5. The adoption of this Resolution is not intended to be and shall
not be constitute a waiver by the City of any right it may have to challenge the legality or
the enforceability of Health and Safety Code Section 34167.5 (or any order by the State
Controller thereto) with respect to the Properties.
SECTION 6. 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.
APPROVED AND ADOPTED on this 3`d day of April, 2013.
Janice S. Parvin, Mayor
ATTEST:
Maureen Benson, City Clerk
Attachments:
Exhibit A — List of Properties
Exhibit B — Form of Quit Claim Deed
118
Exhibit A
LIST OF PROPERTIES
511-0-050-140 661 Moorpark Avenue
511-0-050-080 47 West High Street
511-0-050-090 West High Street
511-0-050-175 83 West High Street
512-0-062-120 798 Moorpark Avenue
512-0-062-020 782 Moorpark Avenue
512-0-093-080 296 Charles Street
512-0-090-115 High Street Parcel (Aszkenazy)
512-0-081-110 81 Charles Street
511-0-101-350 347 Moorpark Avenue
512-0-081-110 467 High Street
512-0-091-080 45 High Street
512-0-103-040 81 First Street
512-0-090-050 Post Office — Front Parking Lot
511-0-090-420, 430 West of Moorpark— Rear Post Office Pkg. Lot
512-0-150-805 627 Fitch Avenue
512-0-171-225 Police Services Center
506-0-020-130 250 Los Angeles Avenue
512-0-081-080 484 Charles Street
512-0-081-050 450 Charles Street
512-0-081-060 460 Charles Street
511-0-030-300 1063 Walnut Canyon
511-0-030-290 1073 Walnut Canyon
511-0-030-270 1095 Walnut Canyon
511-0-030-260 1113 Walnut Canyon
511-0-030-250 1123 Walnut Canyon
511-0-040-130, 140 1293 Walnut Canyon
512-0-091-090 33 E. High Street
511-0-040-120 1331 Walnut Canyon
512-0-062-110 765 Walnut Street
512-0-063-010 780 Walnut Street
506-0-050-080 Surplus Parcel — 500 Los Angeles Avenue
511-0-030-280 1083 Walnut Canyon
513-0-024-105, 135 Princeton — 2 Parcels
512-0-102-100 112 First Street
512-0-102-110 124 First Street
512-0-082-020, 030 450 High Street
512-0-174-015 Veteran's Memorial
119
Exhibit B
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
Attention: Maureen Benson, City Clerk
[SPACE ABOVE FOR RECORDER'S USE ONLY]
QUITCLAIM DEED
This transfer is exempt from Documentary Transfer Tax pursuant to Revenue &
Taxation Code Section 11922, and exempt from Recording Fees pursuant to California
Government Code Section 6103.
The CITY OF MOORPARK, a municipal corporation, does hereby REMISE,
RELEASE AND FOREVER QUITCLAIM to the SUCCESSOR AGENCY OF THE
REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK all of its right, title,
obligations and interest in, under and to the real property located in the City of
Moorpark, County of Ventura, State of California, more particularly described on
Exhibit A attached hereto, and all improvements and fixtures located thereon.
IN WITNESS WHEREOF, the undersigned has executed this Quitclaim Deed as
of the date set forth below.
Dated: , 2013
CITY OF MOORPARK,
a municipal corporation
By:
Name:Steven Kueny
Title: City Manager
ATTEST:
City Clerk
120