HomeMy WebLinkAboutRES OB 2016 097 2016 0816 RESOLUTION NO. 013-2016-97
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 A
SETTLEMENT AND RELEASE AGREEMENT BY AND BETWEEN
VENTURA COUNTY COMMUNITY COLLEGE DISTRICT
(VCCCD), ON THE ONE HAND, AND THE CITY OF MOORPARK
AND THE SUCCESSOR AGENCY OF THE REDEVELOPMENT
AGENCY OF THE CITY OF MOORPARK, ON THE OTHER
HAND, IN RESOLUTION OF DISPUTES CONCERNING
PAYMENTS AND CREDITS UNDER A 1993 PASS THROUGH
AGREEMENT
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, on March 12, 2013, subsequent to an audit by its consultants, the
Dolinka Group, VCCCD notified the Successor Agency that the former Agency had
Resolution No. OB-2016-97
Page 2
underpaid the Pass Through Payments under the Pass Through Agreement. VCCCD
asserts that the former Agency underpaid the Pass Through Payments made directly to
VCCCD for fiscal years 1993-94 through 2005-06, and that the former Agency
underpaid the Pass Through Payments made to the City under the 2008 Settlement
Agreement for fiscal years 2006-07 through 2010-11; and
WHEREAS, to avoid protracted and costly litigation, VCCCD and the City have
agreed to resolve their differences under the terms of the Settlement Agreement; and
WHEREAS, this Oversight Board has completed its review of the Settlement
Agreement and wishes at this time to give its approval to the Settlement Agreement by
the Successor Agency; and
WHEREAS, on August 16, 2016 the report titled, "Consider Resolution
Authorizing Settlement and Release Agreement Pursuant to Health & Safety Code
Section 34171(d)(1)(F), in Resolution of Ventura County Community College District's
Informal Claim of Incorrectly Calculated Pass-Through Payments Under 1993
Agreement" was submitted to the Oversight Board for its review and consideration
(Agenda Item 7.C.).
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 Settlement and
Release Agreement Pursuant to Health & Safety Code Section 34171(d)(1)(F), in
Resolution of Ventura County Community College District's Informal Claim of Incorrectly
Calculated Pass-Through Payments Under 1993 Agreement.
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.
+ ,.
truce Hamous, Chair
ATTEST:
Maureen Benson, City Clerk
Resolution No. OB-2016-97
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-2016-97 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.
Maureen Benson, City Clerk