HomeMy WebLinkAboutAGENDA REPORT 2013 0403 CCSA REG ITEM 10L ITEM 10.L.
city Council€ Meting
ACTION:
CAr
SUCCESSOR AGENCY OF THE
REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK
AGENDA REPORT
To: Honorable Successor Agency Board
From: David C. Moe II, Redevelopment Manager
Date: March 25, 2013 (Meeting of 413/13)
Subject: Consider Resolution Accepting the Conveyance of Certain Properties from
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 Cal.4th 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 slowly 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 accepting the conveyed Properties from
the City by a quit claim deed.
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Successor Agency
April 3, 2013
Page 2 of 2
FINANCIAL IMPACT
None.
STAFF RECOMMENDATION
1. Adopt Resolution No. SA-2013- approving the acceptance of conveyed
Properties from the City by a quit claim deed;
2. Authorize the City Clerk to accept the quit claim deed.
Attachment I: Resolution No. SA-2013-
127
Attachment I
RESOLUTION NO. SA-2013-
A RESOLUTION OF THE BOARD OF DIRECTORS OF
THE SUCCESSOR AGENCY OF THE REDEVELOPMENT
AGENCY OF THE CITY OF MOORPARK, CALIFORNIA,
APPROVING AND AUTHORIZING THE ACCEPTANCE OF
CONVEYANCANCE OF CERTAIN PROPERTIES FROM
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 (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 of 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, the City has informed the Successor Agency of the City's desire to
return the Properties to the Successor Agency at this time, without conceding the
applicability of Health and Safety Code Section 34167.5 to the transfer of the
Properties;
WHEREAS, the conveyance of the Properties from the City to the Successor
Agency will be evidenced by one or more quitclaim deeds ("Quitclaim Deed"),
NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE SUCCESSOR
AGENCY OF THE REDEVELOPMENT AGENCY 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.
128
Resolution No. SA-2013-
Page 2
SECTION 2. The Successor Agency accepts the conveyance of the
Properties from the City.
SECTION 3. The Executive Director of the Successor Agency is hereby
authorized and directed to execute an appropriate certificate of acceptance with respect
to each Quitclaim Deed for the Properties. The Secretary of the Successor Agency is
hereby authorized and directed to cause each Quitclaim Deed, and the accompanying
certificate of acceptance to be recorded in the Official Records of the Ventura County
Recorder's Office.
SECTION 4. The officers and staff of the Successor Agency 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 Successor Agency 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 Secretary of the Successor Agency 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 3rd day of April, 2013.
Janice S. Parvin, Chair
ATTEST:
Maureen Benson, Secretary
Attachment: Exhibit A — List of Properties
129
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
130