HomeMy WebLinkAboutAGENDA REPORT 2013 0403 CCSA REG ITEM 10M t;yt�' vnG�atif i��ee4in
-Al-.3_-�oz 5 .._ __ ITEM 10.M.
Awo
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 4/3/13)
SUBJECT: Consider Resolution Approving the Transfer of Housing Assets and
All Rights, Powers, Duties, and Obligations Associated with the
Housing Activities of the Former Redevelopment Agency Pursuant to
Health and Safety Code Section 34176 to the City of Moorpark as the
Successor Housing Agency
Background
Upon dissolution of the Redevelopment Agency of the City of Moorpark
("Redevelopment Agency") on February 1, 2012, pursuant to AB X1 26, the Successor
Agency of the Redevelopment Agency of the City of Moorpark ("Successor Agency")
was constituted. Pursuant to Health and Safety Code Section 34176(a), the City
Council of the City of Moorpark ("City") adopted Resolution No. 2012-3079 electing for
the City to retain the housing assets, as allowed by law, and functions previously
performed by the former Redevelopment Agency, and therefore becoming the
successor housing agency.
Health and Safety Code Section 34177(g) directs the Successor Agency to effectuate
transfer of housing functions and assets to the appropriate entity designated pursuant to
Health and Safety Code Section 34176, and Health and Safety Code Section 34181(c)
provides that the Oversight Board to the Successor Agency ("Oversight Board") shall
direct the Successor Agency to transfer housing assets pursuant to Health and Safety
Code Section 34176.
Health and Safety Code Section 34176(a)(2) directs the entity assuming the housing
functions of the former redevelopment agency to submit to the State Department of
Finance ("DOF") a list ("Housing Asset List") of all housing assets, including any assets
transferred between February 1, 2012, and the date on which the successor housing
agency is created.
131
Successor Agency
April 3, 2013
Page 2 of 3
Health and Safety Code Section 34176(e) defines "housing asset" as any asset that
meets one of the following criteria:
1. any real property, interest in, or restriction on the use of real
property, whether improved or not, and any personal property provided in
residences, including furniture and appliances, all housing-related files
and loan documents, office supplies, software licenses, and mapping
programs, that were acquired for low and moderate income housing
purposes, either by purchase or through a loan, with any source of funds;
2. any funds that are encumbered by an enforceable obligation to
build or acquire low and moderate income housing as defined in the
Community Redevelopment Law (T RU) unless required in the bond
covenants to be used for repayment purposes of the bond;
3. any loan or grant receivable, funded from the Low and Moderate
Income Housing Fund ("LMIH Fund"), from homeowners, homebuyers,
nonprofit or for profit developers, and other parties that require occupancy
by persons of low or moderate income as defined by the CRL;
4. any funds derived from rents or operation of properties acquired for
low and moderate income housing purposes by other parties that were
financed with any source of funds, including residual receipt payments
from developers, conditional grant repayments, cost savings and proceeds
from refinancing, and principal and interest payments from homebuyers
subject to enforceable income limits;
5. a stream of rents or other payments from housing tenants or
operators of low and moderate income housing financed with any source
of funds that are used to maintain, operate, and enforce the affordability of
housing or for enforceable obligations associated with low and moderate
income housing; or
6. repayments of loans from the LMIH Fund (e.g., a loan used to
make a SERAF payment) or LMIH Fund deposits which had been
deferred as of the effective date of AB X1 26.
DISCUSSION
On July 27, 2012, the City, as the successor housing agency, transmitted the Housing
Asset List to the DOF for their review. DOF had 30 days from DOF's receipt of the
Housing Assets List to object to any of the assets or transfers of assets identified on the
Housing Asset List. On August 27, 2012, DOF notified the City that they did not object
to any of the assets or transfer of assets identified on the Housing Asset List.
132
Successor Agency
April 3, 2013
Page 3 of 3
On March 19, 2013, the Oversight Board directed the Successor Agency to: 1) transfer
to the City the assets identified on the Housing Assets List, approved by DOF pursuant
to Health and Safety Code Section 34176(a)(2), and 2) transfer to the City all rights,
powers, duties, and obligations associated with the housing activities of the former
Redevelopment Agency related to the housing assets. On March 26, 2013, Staff
received notification from DOF that they do not elect to review the Oversight Board
action because the Housing Asset List has already been approved.
Upon the direction of the Oversight Board, staff recommends the Successor Agency
adopt a Resolution approving: 1) transfer to the City the housing assets, deemed
approved by DOF pursuant to Health and Safety Code Section 34176(a)(2), and 2)
transfer to the City all rights, powers, duties, and obligations associated with the
housing activities of the former Redevelopment Agency.
FINANCIAL IMPACT
None.
STAFF RECOMMENDATION
1. Adopt Resolution No. SA-2013- directing the Executive Director to
transfer the housing assets of the former Redevelopment Agency to the City, as the
successor housing agency, including all rights, powers, duties, and obligations
associated with the housing activities of the former Redevelopment Agency;
2. Direct the Executive Director to quit claim all housing asset properties to
the City; and
3. Authorize the City Clerk to submit the quit claim deeds for recordation.
Attachment I: Resolution No. SA-2013-
Attachment W. Quit Claim Deed
133
Attachment I
RESOLUTION NO. SA-2013-
A RESOLUTION OF THE BOARD OF DIRECTORS OF
THE SUCCESSOR AGENCY TO THE REDEVELOPMENT
AGENCY OF THE CITY OF MOORPARK, CALIFORNIA,
AUTHORIZING THE TRANSFER OF THE HOUSING
ASSETS AND FUNCTIONS TO THE CITY OF MOORPARK
AS THE SUCCESSOR HOUSING AGENCY
WHEREAS, pursuant to Health and Safety Code Section 34175(b) and the
California Supreme Court's decision in California Redevelopment Association, et al. v.
Ana Matosantos, et al. (53 CalAth 231(2011)), 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 ("Agency") transferred to the control of
the Successor Agency of the Redevelopment Agency of the City of Moorpark
("Successor Agency") by operation of law; and
WHEREAS, pursuant to Health and Safety Code Section 34176(a), the City
Council of the City of Moorpark ("City") adopted Resolution No. 2012-3079 electing for
the City to retain the housing assets, as allowed by law, and functions previously
performed by the former Agency (the City, acting in such capacity, being referred to
below as the "Successor Housing Agency"); and
WHEREAS, pursuant to Health and Safety Code Section 34176(a)(2), the
Successor Housing Agency submitted to the State Department of Finance ("DOF") a list
("Housing Assets List") of all housing assets, including any assets transferred on or after
February 1, 2012, attached hereto as Exhibit A, and incorporated herein by reference
("Housing Assets"); and
WHEREAS, Health and Safety Code Section 34181(c) provides that the
Oversight Board of the Successor Agency ("Oversight Board") shall direct the
Successor Agency to transfer housing assets to the appropriate entity pursuant to
Health and Safety Code Section 34176, being the Successor Housing Agency, and
Health and Safety Code Section 34177(g) directs the Successor Agency to effectuate
the transfer of housing functions and assets pursuant to Health and Safety Code
Section 34176; and
WHEREAS, on March 19, 2013, the Oversight Board adopted Resolution No.
OB-2013-43 directing the Successor Agency to transfer Housing Assets to the
Successor Housing Agency pursuant to Health and Safety Code Section 34176(a)(2);
NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE SUCCESSOR
AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK,
DOES HEREBY RESOLVE AS FOLLOWS:
134
Resolution No. SA-2013-
Page 2
SECTION 1. The above recitals are true and correct and made a substantive
part of this Resolution.
SECTION 2. This Resolution is adopted pursuant to Health and Safety Code
Sections 34176 and 34177(g).
SECTION 3. The Board of the Successor Agency hereby approves: (i) the
transfer to the Successor Housing Agency of the assets identified on the Housing
Assets List, heretofore or hereafter approved or deemed approved by DOF pursuant to
Health and Safety Code Section 34176(a)(2), and (ii) the transfer to the Successor
Housing Agency all rights, powers, duties, and obligations associated with the housing
activities of the former Agency related to the housing assets transferred pursuant to this
Section 3.
SECTION 4. The Executive Director of the Successor Agency is hereby
authorized and directed to execute and deliver, to the extent appropriate and applicable,
one or more quitclaim deeds, substantially in the form attached as Exhibit B, to
effectuate the conveyance of the Housing Assets to the Successor Housing Agency.
SECTION 5. The staff and the Board of the Successor Agency are hereby
authorized and directed, jointly and severally, to execute and record such documents
and instruments and to do any and all other things which they may deem necessary or
advisable to effectuate this Resolution.
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
Attachments:
Exhibit A — Housing Asset List
Exhibit B — Form of Quit Claim Deed
135
Exhibit A
DEPARTMENT OF FINANCE
HOUSING ASSETS LIST
ASSEMBLY BILL X1 26 AND ASSEMBLY BILL 1484
(Health and Safety Code Section 34176)
Former Redevelopment Agency: Redevelopment Agency of the City of Moorpark
Successor Agency to the Former
Redevelopment Agency: Successor Agency to the Redevelopment Agency of the City of Moorpark
Entity Assuming the Housing Functions
of the former Redevelopment Agency: City of Moorpark
Entity Assuming the Housing Functions
Contact Name: Steven Kueny Title City Manager Phone (805)517-6200 E-Mail Address skueny(a d.moorpark ca.uS
Entity Assuming the Housing Functions
Contact Name: David C.Moe II Title Redevelopment Manager Phone (805)517-6200 E-Mail Address dmoeaci.moorgark.ca.us.
All assets transferred to the entity assuming the housing functions between February 1,2012 and the date the exhibits were created are included in this housing assets list.
The following Exhibits noted with an X in the box are included as part of this inventory of housing assets:
Exhibit A-Real Property X
Exhibit B-Personal Property
Exhibit C-Low-Mod Encumbrances
Exhibit D-Loans/Grants Receivables X
Exhibit E-Rents/Operations
Exhibit F-Rents X
Exhibit G-Deferrals
Prepared By: David C. Moe II
Date Prepared: 7/24/2012
N
W
rn
Exhibit A-Real Property
City of Moorpark
Inventory of Assets Received Pursuant to Health and Safety Code section 34176(a)(2)
Construction Date of Interest in
Is the property Date of or acquisition Construction Construction construction real property
encumbered by transferto cost funded or acquisition or acquisition or (option to
Total Square footage a low-mod Source of low Housing with Low-Mod costs funded costs funded acquisition purchase,
Legal Title and Carrying Value square reserved for low- housing mod housing Successor Housing Fund with other with non-RDA by the easement,
Item# Type of Asset a/ Description of Asset footage mod housing covenant? covenant b/ Agency monies RDA funds funds former RDA etc.)
1 Land wRh improvements 250 Los Angeles Avenue $578,814.00 10,454 No 2/1/2012 $578,814.00 2007
2 ILand wdh improvements 1782 Moorpark Avenue $115,271.00 30,000 No 2/12012 $115,271.00 10/6/2000
3 Land wdh improvements 798 Moorpark Avenue $225,854.00 7,452 No 2/1/2012 $225,854.00 7/20/2001
4 Lantl wfth improvements 81 first Street $760,309.00 7,500 Yes CRL 2/1/2012 $673,892.00 1/13/2005 Sale pending
5 Lantl onl 1123 Walnut Canyon $488,732.00 11,421 N/A No 2/1/2012 $488,732.00 11/6/2008
6 11-and only 1113 Walnut Canyon $411,800.00 11,325 N/A No 2/1/2012 $411,800.00 7/27/2007
7 Land only 1095 Walnut Canyon $374,464.00 11,325 N/A No 2/1/2012 $374,464.00 2007
8 Land only 1083 Walnut Canyon $703,202.00 11,325 N/A No 2/1/2012 $703,702.00 10/2/2009
9 Land only 1073 Walnut Canyon $301,073.00 11,225 N/A No 2/1/2012 $301,073.00 8/28/2008
10 Land on ly 1063 Walnut Canyon $474,534.00 11,167 N/A No 2/1/2012 $474.534.00 8/28/2008
n Land only 1331 Walnut Canyon $397,974.00 11,718 N/A No 2/1/2012 $379.974.00 12/3/2007
12 Land only 1293 Walnut Canon $535,103.00 11,718x2 I N/A No 1 2/1/2012 1 1 $535,103.00 2/1/2008
13 Land only 81 Charles Street $33MOO 0 7,500 N/A No 2/1/2012 $823,787.00 2/25/2004
14 Land only 765 Walnut Street $510 15,000 N/A No 2/1/2012 $5180026.00 9/22/2006
15 Land only 780 Walnut Street $251,041 5625 N/A No 2/1/2012 $251,041.00 16 Lantl onl 450 Charles Street $531 7405 N/A No 2/1/2012 $531,329.00 17 Lantl onl 460 Charles Street $45 7,405 N/A No 2/1/2012 $450,860.00 18 Land onl 484 Charles Street $490 11,470 N/A No 2/12012 $498 291 00 19 Land onl 112 First Street $320 7,500 N/A No 2/1/2012 20 Land onl 124 First Street $350 7 500 N/A No 2/1/2012 $356060021 Lantl onl SW Terminus of Millard St $170 50,094 N/A No 22/2012 $170,100.00 10/8/1999
a/Asset types may include low-mod housing,mixed-income housing,low-mod housing
with commercial space,mixed-income housing with commercial space.
b/May include California Redevelopment Law,tax credits,state bond indentures,and
federal funds requirements.
GJ
J
Exhibit 8-Personal Property
City of Moorpark
Inventory of Assets Received Pursuant to Health and Safety Code section 34176(a)(2)
Date of Acquisition
transfer to cost funded Acquisition Acquisition
Housing with Low-Mod costs funded costs funded Date of
Carrying.Value successor Housing Fund with other RDA with non• acquisition by
Item# Type of Asset a/ Description of Asset Agency monies funds RDA funds the former RDA
1
2
3
K 10
12
13
14
15
16
17
18
19
20
a/Asset types any personal property provided in residences,including
furniture and appliances,all housing-related files and loan documents,
office supplies,software licenses,and mapping programs,that were
acquired for low and moderate income housing purposes,either by
purchase or through a loan,in whole or in part,with any source of funds.
W
00
Exhibit C-Low-Mod Encumbrances
City of Moorpark
Inventory of Assets Received Pursuant to Health and Safety Code section 34176(a)(2)
Construction or
Total amount Is the property acquisition cost Construction
Type of housing built Date contract for currently encumbered by funded with Construction or or acquisition Date of
or acquired with Enforceable owed for the a low-mod Source of low Current Low-Mod acquisition costs costs funded construction or
enforceably obligated Obligation was Contractual Enforceable housing mod housing owner of Housing Fund funded with with non-RDA acquisition of
Item# funds a/ executed counterparty Obligation covenant? covenant b/ the property monies other RDA funds funds the property
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
a/ May include low-mod housing,mixed-income housing,low-mod housing with commercial
space,mixed-income housing with commercial space.
b/ May include California Redevelopment Law,tax credits,state bond indentures,and
federal funds requirements.
W
1D
Exhibit D-Loans/Grants Receivables
City of Moorpark
Inventory of Assets Received Pursuant to Health and Safety Code section 34176(a)(2)
Are there
contractual
requirements
Was the Low-Mod Purpose for specifying the
Housing Fund Person.or entity to which the funds purposes for which Repayment date,if Current
amount Issued for a Amount of the loan Date the loan or whom the loan or were loaned or the funds may be the funds are for a Interest rate outstanding loan
Item# loan or a rant? or grant grant was issued grant was Issued granted used? loan of loan balance
1 Loan $16,500.00 6/2/1999 Jesus Ceja Rehabilitation Yes At sale or refinance 0% $13,467.74
2 Loan $1,411,90 11/3011995 Florence Butler Rehabilitation yes At sale or refinance 0% $246.00
3 Loan $600,000.00 11/2/2012 Moorpark 20,LP Construction yes 2042 6% $600,000.00
4 Loan $1,176,500.00 10/29/2010 Moorpark 20,LP Land Purchase yes 2065 2.50% $1,176,500.00
5 Loan $2,670.00 1/22/1996 Isabel I.Lake Rehabilitation yes 7/212012 0% $0.00
6
7
8
9
10
11
12
13
14
15
16
17
it
20
O
Exhibit E-Rents/Operations
City of Moorpark
Inventory of Assets Received Pursuant to Health and Safety Code section 34176(a)(2)
Item#from
Entity to which Is the property Exhibit A the
the collected Purpose for encumbered rent/operation
Type of property with which Entity that payments are which the by a low-mod Source of low- is associated
they payments are associated Property collects the ultimately payments are housing mod housing with(if
Item# Type of payment a/ b/ owner payments remitted used covenant? covenant c/ applicable)
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
a/ May include revenues from rents,operation of properties,residual receipt payments from
developers,conditional grant repayments,costs savings and proceeds from refinancing,and
principal and interest payments from homebuyers subject to enforceable income limits.
bl May include low-mod housing,mixed-income housing,low-mod housing with commercial
space,mixed-income housing with commercial space.
c/ May include California Redevelopment Law,tax credits,state bond indentures,and federal
funds requirements.
F—
Exhibit F-Rents
City of Moorpark
Inventory of Assets Received Pursuant to Health and Safety Code section 34176(a)(2)
Entity to which Is the property Item#from
the collected Purpose for encumbered Exhibit A the rent
Entity that payments are which the by a low-mod Source of low• is associated
Type of property with which the Property collects the ultimately payments are housing mod housing with(if
Item# Type of payment a/ payments are associated bl owner payments remitted used covenant? covenant cl applicable)
1 Rent lCommercial s ace I City as HSA City as HSA I City as HSA I Housing No #3
2 Rent ISingle family residence City as HSA City as HSA City as HSA I Housing No #1
3 Rent Commercial space City as HSA City as HSA City as HSA Housing No #2
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
a/ May include rents or home loan payments.
bl May include low-mod housing,mixed-income housing,low-mod housing with commercial space,
mixed-income housing with commercial space.
c/ May include California Redevelopment Law,tax credits,state bond indentures,and federal funds
requirements.
N
N
Exhibit G-Deferrals
City of Moorpark
Inventory of Assets Received Pursuant to Health and Safety Code section 34176(a)(2)
Interest rate
Fiscal year in at which Date upon which
Purpose for which which funds Amount funds were Current funds were to be
Item# funds were deferred were deferred deferred to be repaid amount owed repaid
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
EXHIBIT B
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
Successor Agency of the Redevelopment Agency
of the City of Moorpark
c/o 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 SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE
CITY OF MOORPARK, a municipal corporation, does hereby REMISE, RELEASE AND
FOREVER QUITCLAIM to 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
SUCCESSOR AGENCY OF THE
REDEVELOPMENT AGENCY OF THE CITY
OF MOORPARK, a municipal corporation
By:
Name-Steven Kueny
Title: Executive Director
ATTEST:
City Clerk
-1-
144