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Home My WebLink AboutAGENDA REPORT 2016 0615 CCSA REG ITEM 10O ITEM 10.0. CITY OF MOORPARK,CAL WORNIA City C6uncii Mating MOORPARKCITY COUNC*-11 N:- Li r-.1 aa+ , 9tO AGENDA REPORT --I" - 3°esif% To: Honorable City Council From: Jessica Sandifer, Program Manag Date: June 2, 2016 (City Council Meeting f June 15, 2016) Subject: Consider Resolution Authorizing City Acceptance of Governmental Use Properties from the Successor Agency 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 (the"Dissolution Act"), as upheld and modified by the Supreme Court in California Redevelopment Association, et al. v. Ana Matosantos, et al. (53 Ca1.4th 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"). All properties transferred to the City of Moorpark after January 1, 2011, were considered illegal property transfers. These transfers create clouds on the titles to the various properties. In order to clean up the title to the properties, it was necessary to transfer the properties back to the Successor Agency. In a companion action on the June 15, 2016 City Council Agenda, the City transferred the properties back to the Successor Agency, as required under the Dissolution Act, and the Successor Agency accepted the transfer of the properties. DISCUSSION Pursuant to the Dissolution Act, the Successor Agency is tasked with winding down the affairs of the Former Agency and all properties of the former Agency transferred to the Successor Agency by operation of law. On July 15, 2014, the Oversight Board approved a long range property management plan (LRPMP), which address the disposition of the real properties owned by the Successor Agency. On February 12, 2015, the State Department of Finance (DOE) approved the LRPMP. 251 Honorable City Council June 15, 2016 Page 2 The LRPMP provides for the transfer of thirteen properties, identified in the LRPMP as follows, collectively to be known as "Governmental Use Properties": Lot Address APN Size 450 High 512-0-082- 20,000 Street 020,030 sq ft Various 512-0-090-115 .75 acres 33 E. High 512-0-091-090 7,500 sq Street ft 47 W. High 511-0-050-080 6,341 sq Street ft Part ofCivic 511-0-050-090Center 10,500 ft q 161 Second 512-0-102-210 15,000 Street sq ft 83 W. High 511-0-050-175 1.04 St acres 45 E. High 7500 sq St 512-0-091-080 ft 610 Spring 512-0-171-225 3.81 Rd acres Spring Road 512-0-174-015 .388 acres 511-0-090- 66,211 100 High St 420,430 sq ft 100 1/2 512-0-090-050 39,713 High St sq ft 627 Fitch 512-0-150-805 4.19 Ave acres At their next meeting, the Oversight Board will consider the adoption of a resolution directing the Successor Agency to complete the transfer of the Governmental Use properties, pursuant to the LRPMP. The resolution adopted by the Oversight Board does not need to be reviewed by the DOF. The property transfers will not occur until after the Oversight Board approves the Successor Agency's action. Staff is recommending authorizing acceptance of the Governmental Use properties from the Successor Agency. FISCAL IMPACT There is minimal fiscal impact associated with the transfer of the governmental use properties. Staff did have to hire a surveyor to prepare legal descriptions for the governmental use properties to be retained by the City that are part of the larger parcel 252 Honorable City Council June 15, 2016 Page 2 located on the south side of High Street. The cost of the work is $4,000. There were sufficient funds in the FY 2015/16 budget to cover this cost. STAFF RECOMMENDATION Adopt Resolution No. 2016- authorizing the acceptance of the Governmental Use properties from the Successor Agency. Attachment Resolution No. 2016- 253 RESOLUTION NO. 2016- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AUTHORIZING THE ACCEPTANCE OF GOVERNMENTAL USE PROPERTIES CONVEYED BY THE SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK PURSUANT TO THE LONG RANGE PROPERTY MANAGEMENT PLAN AND TAKING RELATED ACTIONS WHEREAS, pursuant to AB X1 26 (enacted in June 2011), and the California Supreme Court's decision in California Redevelopment Association, et at v. Ana Matosantos, et at, 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; and 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 for the transfer of thirteen properties — identified in the LRPMP as Property Nos. 4, 5(b) and 7 through 17 (collectively, the "Governmental Use Properties") —to the City of Moorpark (the "City"); and 2 54 12856-0001\1948166v1.doc Resolution No. 2016- Page 2 WHEREAS, the Successor Agency plans to execute one or more grant deeds (collectively, the "Deed") to effect the transfer of the Governmental Use Properties to the City; 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 accepts the conveyance of the Governmental Use Properties by the Successor Agency. The Mayor (or, in the Mayor's absence, the Mayor Pro Tern) is hereby authorized and directed to execute, for and in the name of the City, a certificate of acceptance with respect to each Deed and cause the Deed, and the accompanying certificate(s) of acceptance, to be recorded in the Official Records of the Ventura County Recorder's Office. SECTION 3. 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 effectuate this Resolution and any such actions previously taken by such officers and staff are hereby ratified and confirmed. SECTION 4. The City Clerk shall 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 2 5 5 12856-0001\1948166v I.doe