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Home My WebLink AboutRES CC 2016 3522 2016 0615 RESOLUTION NO. 2016-3522 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA AUTHORIZING THE EXECUTION AND DELIVERY OF DOCUMENTS IN CONNECTION WITH THE TRANSFER OF PROPERTY 5 (a) ON THE LONG RANGE PROPERTY MANAGEMENT PLAN (LRPMP) (APPROXIMATELY 2.14 ACRES OF APN 512-0-090-115) BY THE SUCCESSOR AGENCY TO THE CITY OF MOORPARK, APPROVING A PAYMENT THEREFORE AND TAKING OTHER RELATED ACTIONS WHEREAS, pursuant to AB X1 26 (enacted in June 2011), and the California Supreme Court's decision in California Redevelopment Association, et al. v. Ana Matosantos, et al., 53 Cal. 4th 231 (2011), the Redevelopment Agency of the City of Moorpark (the "Former Agency") was dissolved as of February 1, 2012, and the Successor Agency was established, and the Oversight Board to the Successor Agency (the "Oversight Board") was constituted; and WHEREAS, AB X1 26 added Part 1.8 (commencing with Section 34161) and Part 1.85 (commencing with Section 34170) to Division 24 of the Health and Safety Code ("HSC"); and such Parts 1.8 and 1.85, together with any amendments and supplements thereto enacted from time to time, are collectively referred to herein as the "Dissolution Act"; and WHEREAS, pursuant to the Dissolution Act, the Successor Agency is tasked with winding down the affairs of the Former Agency; WHEREAS, pursuant to HSC Section 34175(b), all real properties of the Former Agency transferred to the control of the Successor Agency by operation of law; and WHEREAS, on July 15, 2014, the Oversight Board adopted Resolution No. OB- 2014-64, approving a long-range property management plan (the "LRPMP") which addresses the disposition of the real properties owned by the Successor Agency; and WHEREAS, the State Department of Finance (the "DOF") issued an approval letter on February 12, 2015, indicating the DOF's approval of the LRPMP; and WHEREAS, pursuant to HSC Section 34191.3, the DOF-approved LRPMP shall govern, and supersede all other provisions of the Dissolution Act relating to, the disposition and use of the real property assets of the Former Agency; and WHEREAS, the LRPMP provides that a property — identified in the LRPMP as Property No. 5(a), consisting a portion (approximately 2.14 acres) of APN 512-0-090- 115 (the "Property") — will be retained by the City of Moorpark (the "City"), provided that the City shall pay compensation (the "Compensation") to the taxing entities; and Resolution No. 2016-3522 Page 2 WHEREAS, while it was contemplated that, in conjunction with the transfer of the Property of the City, the City would enter into compensation agreements with affected taxing entities, the DOF has pronounced that no such compensation agreement is necessary if the City pays fair market value for the Property for the Compensation and remits the Compensation to the Auditor-Controller of the County of Ventura (the "County Auditor-Controller") for distribution to the affected taxing entities; and WHEREAS, there has been presented to the City an appraisal conducted by a California certified general real estate appraiser, indicating that the fair market value of the Property is $470,000; and WHEREAS, with respect to a portion of the Property, there currently exists, a lease, dated as of January 1, 1994 (the "Lease"), by and between the Former Agency and Benjamin Cano, doing business as La Playita (the "Tenant"), the rental term of which is on a month-to-month basis; and WHEREAS, concurrent with the Successor Agency's transfer of fee title of Property to the City, the Successor Agency will assign its rights and interests under the Lease to the City; and WHEREAS, on this date, the Board of Directors of the Successor Agency will consider the adoption of a resolution (the "Successor Agency Board Resolution") approving the transfer of the Property to the City and authorizing the execution and delivery of a grant deed (the "Deed") for such transfer and an assignment agreement (the "Lease Assignment Agreement") relating to the Lease; 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 are a substantive part of this Resolution. SECTION 2. The City's payment of $470,000 as Compensation for the Property is hereby authorized. The City Manager and the City Finance Director/Treasurer are hereby authorized to take such actions as they deem necessary or appropriate to cause the remittance of the County Auditor-Controller and obtaining from the County Auditor- Controller a receipt, substantially in the form attached to the Successor Agency Board Resolution. SECTION 3. The City shall accept the conveyance of the Property, upon the remittance of the Compensation to the County Auditor-Controller and the Successor Agency's execution and delivery of the Deed. The Mayor (or, in the Mayor's absence, the Mayor Pro Tem) is hereby authorized and directed to execute and deliver, for and in the name of the City, a certificate of acceptance with respect to the Deed and cause the Resolution No. 2016-3522 Page 3 Deed, and the accompanying certificate of acceptance, to be recorded in the Official Records of the Ventura County Recorder's Office. SECTION 4. The Lease Assignment Agreement, in the form attached to the Successor Agency Resolution, is hereby approved. The Mayor (or, in the Mayor's absence, the Mayor Pro Tem) is hereby authorized and directed to execute and deliver, for and in the name of the City, the Lease Assignment Agreement, in substantially such form, with such changes as the Mayor (or the Mayor Pro Tern, as the case may be) require or approve (such approval to be conclusively evidenced by the execution and delivery thereof). SECTION 5. This Resolution has been reviewed with respect to the applicability of the California Environmental Quality Act, set forth in Public Resources Code Section 21000 et seq. ("CEQA"). Pursuant to the State CEQA Guidelines set forth in 14 Cal Code Regs 15000 et seq. (the "Guidelines"), in light of the "as-is" nature of the transfer of the Property, the City Council has determined that the actions taken under this Resolution are 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)). Members of the City's Staff is hereby directed to prepare and post a notice of exemption pursuant to Guidelines Section 15062. SECTION 6. The officers and staff of the City are hereby authorized and directed, jointly and severally, to execute such documents and do any and all things which they may deem necessary or advisable to complete the transfer of the Property to the City, and to effectuate the purposes of this Resolution, the Deed and the Lease Assignment Agreement and any such actions previously taken by such officers and staff are hereby ratified and confirmed. SECTION 7. 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 15th day of June, 2016. 0 r it ice S. ParviayoC i ATTEST: --- T\ �� s,—ter¢ l`, - . -1r 1 ' efr. t Maureen Benson, City Clerk K.,so$ �ew% o i Resolution No. 2016-3522 Page 4 STATE OF CALIFORNIA COUNTY OF VENTURA ) ss. CITY OF MOORPARK I, Maureen Benson, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 2016-3522 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 15th day of June, 2016, and that the same was adopted by the following vote: AYES: Councilmembers Mikos, Millhouse, Pollock, Van Dam, and Mayor Parvin NOES: None ABSENT: None ABSTAIN: None WITNESS my hand and the official seal of said City this 6th day of July, 2016. Maureen Benson, City Clerk (seal)