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Home My WebLink AboutAGENDA REPORT 2016 0615 CCSA REG ITEM 10J ITEM 10.J. CITYOF MOORPARK,CALIFORNIA MOORPARK CITY COUNCIL City COU IIMeOting AGENDA REPORTof G "/5 ao/A ACTION: L delve Yu)). oROIL —35 /t ao Q�¢oo..-e- Ac•u %a .04o/3-3/T3. To: Honorable City Council By: Y4s�, /I/ From: Jessica Sandifer, Program Manag• 0 it Date: June 2, 2016 (City Council Meeting of June 15, 2016) Subject: Consider Resolution Authorizing Reconveyance of Certain Properties to the Successor Agency to the Redevelopment Agency of the City of Moorpark and Rescinding Resolution 2013-3173 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 at. v. Ana Matosantos, et at. (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 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. The City Council approved a similar action in 2013 with the adoption of Resolution 2013-3173. However, there was some incorrect information included within that resolution. Staff is recommending rescinding Resolution 2013-3173 and approval of the attached resolution conveying the Properties from the City by a quit claim deed to the Successor Agency. 134 Honorable City Council June 15, 2016 Page 2 FISCAL IMPACT None. STAFF RECOMMENDATION Adopt Resolution No. 2016- approving the reconveyance of the properties as listed in Attachment 1 of the Resolution to the Successor Agency by quit claim deed, and rescinding Resolution No. 2013-3173. Attachment: Resolution No. 2016- 135 RESOLUTION NO. 2016- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, RESCINDING RESOLUTION NO. 2013- 3173 AND APPROVING AND AUTHORIZING RECONVEYANCE OF CERTAIN PROPERTIES TO THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK AND AUTHORIZING THE EXECUTION AND DELIVERY OF QUITCLAIM DEEDS WITH RESPECT TO SUCH PROPERTIES WHEREAS, in July 2011, the former Redevelopment Agency of the City of Moorpark (the "Former Agency") transferred the real properties described in Attachment I attached hereto (the "Properties") to the City of Moorpark (the "City"); and 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 Former Agency was dissolved as of February 1, 2012, and the Successor Agency was established; 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, HSC Section 34167.5 provides that the transfer of an asset by a redevelopment agency to its city after January 1, 2011, in the absence of a contractual commitment to a third party for the expenditure or encumbrance of such asset, is deemed to be an unauthorized transfer; and WHEREAS, without conceding the applicability of HSC Section 34167.5 to the transfer of the Properties, the City desires to return the Properties to the Successor Agency at this time, to clear up any potential cloud on title that may have been attached to the Properties; 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 Mayor (or in the Mayor's absence, the Mayor Pro Tem) is hereby authorized and directed to execute and deliver one or more quitclaim deeds, substantially in the form attached as Attachment I1, to effect the re-conveyance of the Properties to the Successor Agency. 136 Resolution No. 2016- Page 2 SECTION 3. 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 4. This Resolution supersedes Resolution No. 2013-3173 in its entirety. Resolution No. 2013-3173 is hereby rescinded. SECTION 5. The adoption of this Resolution is not intended to be, and shall not constitute, a waiver by the City of any right it may have to reacquire the Properties or otherwise challenge the legality or the enforceability of HSC Section 34167.5 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. PASSED AND ADOPTED this 15th day of June, 2016. Janice S. Parvin, Mayor ATTEST: Maureen Benson, City Clerk ATTACHMENT 1 — Properties transferred to City in 2011 ATTACHMENT 2 — Form of Quitclaim Deed 12856-0001\1946985v2.doc 137 Resolution No. 2016- Page 3 ATTACHMENT I PROPERTIES TRANSFERRED TO THE CITY IN 2011 Ventura County Official Records Doc.#for 2011 Deed executed by Redevelopment Agency in favor of Disposition After Address/description APN City Reconveyance 1 500 Los Angeles 506-0-050-080 20110803-00113771-0 Per LRPMP1 Avenue 2 347 Moorpark Avenue 511-0-101-350 20110803-00113784-0 Per LRPMP 3 467 High Street 512-0-081-110 20110803-00113793-0 Per LRPMP 4 450 High Street 512-0-082-020, 20110803-00113794-0 Per LRPMP 030 5 Various (2.14 acres) 512-0-090-115 20110803-00113795-0 Per LRPMP 6 Various (0.75 acres) 512-0-090-115 20110803-0113795-0 Per LRPMP 7 Princeton Avenue(Lots 513-024-105, 135 20110803-00113769-0 69-82) 8 33 E. High Street 512-0-091-090 20110803-00113797-0 Per LRPMP 9 47 W. High Street 511-0-050-080 20110803-00113780-0 Per LRPMP 10 West High Street (part of 511-0-050-090 20110803-00113781-0 Per LRPMP Civic Center 11 161 Second Street 512-0-102-210 20110228- Per LRPMP 00034431-0 12 83 W. High Street 511-0-050-175 20110803-00113783-0 Per LRPMP 13 45 E. High Street 512-0-091-080 20110803-00113796-0 Per LRPMP 14 610 Spring Road (police 512-0-171-225 20110803-00113767-0 Per LRPMP services center) I Long Range Property Management Plan,approved by DOF per DOF's letter dated February 12,2015 12856-0001A1946985v2.doc 138 • Resolution No. 2016- Page 4 15 Spring Road (Veteran's 512-0-174-015 20110803-00113768-0 Per LRPMP Memorial) 16 100 High Street 511-0-090-430 20110728- Per LRPMP 00110393-0 17 100 '% High Street(post 512-0-090-050 20110126-00014554-0 Per LRPMP office front parking lot) 18 627 Fitch Avenue 512-0-150-805 20110803-00113766-0 Per LRPMP 20 250 Los Angeles 506-020-130 20110803-00113770-0 Per Housing Asset List2 Avenue 21 782 Moorpark Avenue 512-0-062-020 20110803-00113785-0 Per Housing Asset List 22 798 Moorpark Avenue 512-0-062-120 20110803-00113788-0 Per Housing Asset List 23 81 First Street 512-0-103-040 20110803-00113765-0 Per Housing Asset List 24 1123 Walnut Canyon 511-0-030-250 20110803-00113772-0 Per Housing Asset List 25 1113 Walnut Canyon 511-0-030-260 20110803-00113773-0 Per Housing Asset List 26 1095 Walnut Canyon 511-0-030-270 20110803-00113774-0 Per Housing Asset List 27 1083 Walnut Canyon 511-0-030-280 20110803-00113775-0 Per Housing Asset List 28 1073 Walnut Canyon 511-0-030-290 20110803-0013776-0 Per Housing Asset List 29 1063 Walnut Canyon 511-0-030-300 20110803-0013777-0 Per Housing Asset List 30 1331 Walnut Canyon 511-0-040-120 20110803-0013778-0 Per Housing Asset List 31 1293 Walnut Canyon 511-0-040-130, 20110803-0013779-0 Per Housing Asset List 140 32 81 Charles Street 512-0-081-110 20110803-00113793-0 Per Housing Asset List 33 765 Walnut Street 512-0-062-110 20110803-00113787-0 Per Housing Asset List 34 780 Walnut Street 512-0-063-010 20110803-00113789-0 Per Housing Asset List 2 Housing Asset List(regarding listing assets to be transferred to Housing Successor),to which DOF indicated no objection per DOF's letter dated August 27,2012 12856-0001\1946985v2.doc 139 Resolution No. 2016- Page 5 35 450 Charles Street 512-0-081-050 20110803-00113790-0 Per Housing Asset List 36 460 Charles Street 512-0-081-060 20110803-00113791-0 Per Housing Asset List 37 484 Charles Street 512-0-081-080 20110803-00113792-0 Per Housing Asset List 38 112 First Street 512-0-102-100 20110803-00113798-0 Per Housing Asset List 39 124 First Street 512-0-102-110 20110803-00113764-0 Per Housing Asset List 12856-0001\1946985v2.doc 140 Resolution No. 2016- Page 6 ATTACHMENT II FORM OF QUITCLAIM DEED RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: Successor Agency to the Redevelopment Agency of the City of Moorpark do City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 Attention: City Clerk APN(s): [SPACE ABOVE FOR RECORDER'S USE ONLY] 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. QUITCLAIM DEED The CITY OF MOORPARK, a municipal corporation, does hereby REMISE, RELEASE AND FOREVER QUITCLAIM to the SUCCESSOR AGENCY TO 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, Ventura County, 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: , 2016 CITY OF MOORPARK, a municipal corporation By: Name: Title: Mayor ATTEST: City Clerk 12856-0001\1946985v2.doc 141 Resolution No. 2016- Page 7 EXHIBIT "A" Legal Description THE LAND SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF VENTURA DESCRIBED AS FOLLOWS (AND THE IMPROVEMENTS AND FIXTURES THEREON): 12856-0001A1946985v2.doc 142 Resolution No. 2016- Page 8 CERTIFICATE OF ACCEPTANCE (California Government Code Section 27281) This is to certify that the interest in real property conveyed to the Successor Agency to the Redevelopment Agency of the City of Moorpark (the "Successor Agency") by that certain Quitclaim Deed, dated , 2016, executed by the City of Moorpark is hereby accepted by the undersigned officer on behalf of the Successor Agency pursuant to the authority conferred by Resolution No. of the Board of Directors of the Successor Agency, adopted on , 2016, and the Successor Agency consents to recordation thereof by its duly authorized officer. Dated: , 2016 SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK By: Print Name: Title: I2856-0001\1946985 v 2.doc 143