HomeMy WebLinkAboutRES OB 2016 096 2016 0816 RESOLUTION NO. OB-2016-96
A RESOLUTION OF THE OVERSIGHT BOARD TO THE
SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF
THE CITY OF MOORPARK, CALIFORNIA, FOR THE REGULAR
MEETING OF AUGUST 16, 2016, APPROVING THE
MEMORANDUM OF UNDERSTANDING REGARDING
IMPLEMENTATION OF PAYMENT TERMS OF 1993 PASS
THROUGH AGREEMENT BETWEEN VENTURA COUNTY
COMMUNITY COLLEGE DISTRICT (VCCCD), THE FORMER
REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK AND
THE CITY OF MOORPARK
WHEREAS, the Redevelopment Agency of the City of Moorpark (the "Former
Agency") was a public body, corporate and politic, duly established and authorized to
transact business and exercise powers under and pursuant to the provisions of the
Community Redevelopment Law of the State of California, constituting Part 1 of Division
24 of the Health and Safety Code of the State (the "Law"); and
WHEREAS, pursuant to Section 34172(a) of the California Health and Safety
Code (unless otherwise stated, all Section references hereinafter being to such Code),
the Former Agency has been dissolved and no longer exists, and pursuant to Section
34173, the City of Moorpark (the "City") has become the successor entity to the Former
Agency (the "Successor Agency"); and
WHEREAS, prior to the dissolution of the Former Agency, the Former Agency
entered into an "Agreement Between the Ventura County Community College District,
the Redevelopment Agency of the City of Moorpark and the City of Moorpark for
Distribution of Tax Increment Funds from the Moorpark Redevelopment Project"; and
WHEREAS, since February 1, 2012, the Ventura County Auditor-Controller has
made certain Pass Through Payments under the Pass Through Agreement to VCCCD.
VCCCD asserts that since the Ventura County Auditor-Controller began making Pass
Through Payments under the Pass Through Agreement, those payments have not been
calculated correctly; and
WHEREAS, in or around March 2013, in connection with an audit by VCCCD's
consultant, the Dolinka Group, VCCCD brought to the attention of the Successor
Agency and the Ventura County Auditor-Controller VCCCD's position that the Pass
Through Payments should be computed with a different methodology than has been
used in the past for calculating the payments; and
WHEREAS, the Parties have met and conferred regarding proper implementation
of the payment provisions of the Pass Through Agreement on a go forward basis. The
Parties have arrived at a consensus regarding how the Pass Through Payments should
be calculated on a go forward basis; and
Resolution No. OB-2016-96
Page 2
WHEREAS, to memorialize the Parties' agreement as to how the Pass Through
Payments under the Pass Through Agreement are to be calculated on a go forward
basis, and to avoid litigation and minimize the risk of future disputes regarding the
payment provisions, the Parties have entered into a Memorandum of Understanding;
and
WHEREAS, this Oversight Board has completed its review of the Memorandum
of Understanding (MOU) and wishes at this time to give its approval to the MOU by the
Successor Agency; and
WHEREAS, on August 16, 2016 the report titled, "Consider Resolution
Authorizing Memorandum of Understanding Regarding Implementation of Payment
Terms of 1993 Pass Through Agreement Between Ventura County Community College
District, the Former Redevelopment Agency of the City of Moorpark and the City of
Moorpark" was submitted to the Oversight Board for its review and consideration
(Agenda Item 7.B.).
NOW, THEREFORE, THE OVERSIGHT BOARD TO THE SUCCESSOR
AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The Oversight Board does hereby approve the Memorandum of
Understanding Regarding Implementation of Payment Terms of 1993 Pass Through
Agreement Between Ventura County Community College District, the Former
Redevelopment Agency of the City of Moorpark and the City of Moorpark. A true and
correct copy of the executed Memorandum of Understanding is attached to this
Resolution.
SECTION 2. 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 16th day of August, 2016.
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14 . tn..ii142
u e Hamous, Chair
ATTEST:
Maureen Benson, City Clerk
Resolution No. OB-2016-96
Page 3
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. OB-2016-96 was adopted by
the Oversight Board to the Successor Agency of the Redevelopment Agency of City of
Moorpark at a regular meeting held on the 16th day of August, 2016, and that the same
was adopted by the following vote:
AYES: Board Members Burgh, Driscoll, Kasper, Parvin, Priestley
and Chairperson Hamous
NOES: None
ABSENT: Board Member Melby
ABSTAIN: None
IN WITNESS THEREOF, I have set my hand this 16th day of August, 2016.
I
Maureen Benson, City Clerk