The URL can be used to link to this page

Home My WebLink AboutAGENDA REPORT 2016 0705 OB SPC ITEM 06AOVERSIGHT BOARD TO SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK MEETING ITEM 6.A. of -7N01 b ACTION: A40e4ed Aeso(uton No. 06-2016-q( ApprWinj -"-A- Goner ance/ Governp4o %c5e pm eyties -to Im crtj. BY: >g Gar2a. OVERSIGHT BOARD TO THE SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK AGENDA REPORT To: Oversight Board to Successor Agenc From: Jessica Sandifer, Program Manag Date: June 24, 2016 (Oversight Board S cial Meeting of July 5, 2016) Subject: Consider Resolution Authorizing the Conveyance of Governmental Use Properties to the City of Moorpark Pursuant to the Long Range Property Management Plan and Taking Related Actions and Rescinding Resolution No. SA -2015-11 BACKGROUND 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 Cal.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 created 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. On June 15, 2016, the Successor Agency transferred the properties back to the City. DISCUSSION Pursuant to the Dissolution Act, the Successor Agency is tasked with winding down the affairs of the former Redevelopment Agency and all properties of the former Redevelopment 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 addressed the disposition of the real properties owned by the Successor Agency. On February 12, 2015, the State Department of Finance (DOF) approved the LRPMP. 1 Oversight Board Meeting July 5, 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 511-0-050-090 10,500 Center q ft 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 512-0-091-080 7500 sq St ft 610 Spring 512-0-171-225 381 Rd acres Spring 512-0-174-015 388 Road acres 100 High St 511-0-090- 66,211 420,430 sq ft 1001/2 512-0-090-050 39,713 High St sq ft 627 Fitch 512-0-150-805 419 Ave acres The Successor Agency took similar action in July 2015 through adoption of Resolution SA -2015-11, however, the resolution had some incorrect information and the action was never approved by the Oversight Board. On June 15, 2016, the Successor Agency rescinded Resolution SA -2015-11 and re -authorized the Successor Agency to transfer the Governmental Use properties to the City of Moorpark. Staff is recommending that the Oversight Board concur with the Successor Agency's approval of the transfer of the Governmental Use properties to the City of Moorpark. FISCAL IMPACT There was minimal fiscal impact associated with the transfer of the governmental use properties. A surveyor was hired to prepare legal descriptions for the Governmental Use properties to be retained by the City that are part of the larger parcel 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. K Oversight Board Meeting July 5, 2016 Page 3 STAFF RECOMMENDATION Adopt Resolution No. OB -2016- , approving the conveyance of Government Use properties to the City. Attachments - 1 . ttachments: 1. Resolution No. 06-2016- 2. Form of Grant Deed 3 ATTACHMENT 1 RESOLUTION NO. OB -2016- A RESOLUTION OF THE OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK, CALIFORNIA DIRECTING THE SUCCESSOR AGENCY'S CONVEYANCE OF GOVERNMENTAL USE PROPERTIES TO 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 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; 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 12856-0001\1948103v1 doc 4 Resolution No. OB -2016 - Page 2 WHEREAS, the Oversight Board is adopting this Resolution to direct the Successor Agency to complete the transfer of the Governmental Use Properties pursuant to the LRPMP; and WHEREAS, pursuant to HSC Section 34179(h)(1)(D), this Resolution will become effective upon adoption without any requirement for submission to the DOF for additional review; and WHEREAS, at the special meeting of July 5, 2016, the Successor Agency's transfer of the Governmental Use properties to the City of Moorpark pursuant to the Long Range Property Management Plan and other related actions was submitted to the Oversight Board for its review and approval (Agenda Item 6.A.). NOW, THEREFORE, THE OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY 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 Oversight Board hereby authorizes and directs the Successor Agency to complete the transfer of the Governmental Use Properties to the City in accordance to the LRPMP and authorizes the Successor Agency to execute and deliver one or more grant deeds, substantially in the form attached as Attachment I, for such transfer. SECTION 3.The members of the Oversight Board and officers and staff of the Successor Agency 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. SECTION 4.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 5th day of July, 2016. Bruce Hamous, Chair ATTEST: Maureen Benson, City Clerk 12856-0001\1948103v1 doc 5 ATTACHMENT 2 FORM OF GRANT DEED 12856-0001\1948103vidoc RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of Moorpark 799 Moorpark Ave 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. GRANT DEED THE UNDERSIGNED GRANTOR DECLARES AS FOLLOWS: FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged the SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK ("Grantor") hereby grants to the CITY OF MOORPARK, CALIFORNIA "Grantee"), the land located in the County of Ventura, State of California, more particularly described on Exhibit A attached hereto and incorporated herein by reference and all improvements and fixtures thereon (collectively, the "Property"). SUBJECT TO: General and special real property taxes and assessments and supplemental assessments for the current fiscal year; and All liens, encumbrances, easements, rights of way, covenants, conditions, restrictions, reservations and all other matters of record. IN WITNESS WHEREOF, Grantor has executed this Grant Deed as of the date set forth below. Dated: 1201_ SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK By: Print Name: Title: 12856-0001\1948103v1 doe 7 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document State of California County of Ventura On before me, (insert name and title of the officer) Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) 12856-0001\1948103vl doe 8 EXHIBIT "A" Legal Description THE LAND SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF VENTURA DESCRIBED AS FOLLOWS (AND THE IMPROVEMENTS AND FIXTURES THEREON): 12856-0001\1948103vl doc 9 CERTIFICATE OF ACCEPTANCE (California Government Code Section 27281) This is to certify that the interest in real property conveyed to the City of Moorpark (the "City") by that certain Grant Deed, dated , 2016, executed by the Successor Agency of the Redevelopment Agency of the City of Moorpark is hereby accepted by the undersigned officer on behalf of the City pursuant to the authority conferred by Resolution No. of the City Council of the City, adopted on , 2016, and the City consents to the recordation thereof by its duly authorized officer. Dated: , 2016 CITY OF MOORPARK 2 Janice Parvin Mayor 12856-0001\1948103v1 doc 10 NOTICE OF A PROPOSED ACTION AT A SPECIAL MEETING OF THE OVERSIGHT BOARD TO THE SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK Proposed Adoption of: A Resolution Directing the Conveyance of Governmental Use Properties to the City of Moorpark Pursuant'to the Long Range Property Management Plan Date: July 5, 2016 Time: 3:00 P.M. or as soon thereafter as the matter may be heard Place:City Council Chambers, 799 Moorpark Avenue, Moorpark, California NOTICE IS HEREBY GIVEN that at the special meeting of the Oversight Board (the "Oversight Board") to the Successor Agency of the Moorpark Redevelopment Agency (the "Successor Agency') to be held on July 5, 2016, at 3:00 P.M., or as soon thereafter as possible, the Oversight Board will consider the adoption of a resolution to approve and direct the Successor Agency to convey to the City of Moorpark thirteen properties for governmental use purposes pursuant to the Successor Agency's long range property management plan, which plan has been approved previously by the California State Department of Finance: Address/Description APN # 1 450 High Street 512-0-082-020, 030 2 Various (0.75 acres) 512-0-090-115 3 33 E. High Street 512-0-091-090 4 47 W. High Street 511-0-050-080 5 Part of Civic Center 511-0-050-090 6 161 Second Street 512-0-102-210 7 83 W. High Street 511-0-050-175 8 45 E. High Street 512-0-091-080 9 610 Spring Road 512-0-171-225 10 Spring Road 512-0-174-015 11 100 High Street 511-0-090-420, 430 12 100 Y2 High Street 512-0-090-050 13 627 Fitch Avenue 512-0-150-805 Interested persons are invited to attend this meeting and be heard regarding this matter. An individual who challenges any decision regarding the proposed actions in court may be limited to raising only those issues that such individual or someone else raised at the meeting described in this notice or in written correspondence delivered to the Oversight Board at, or before, the meeting. Due to the time constraints and the number of persons wishing to give oral testimony, time restrictions may be placed on oral testimony at the meeting regarding the proposal. Any interested person may wish to make comments in writing to assure that the relevant views are expressed adequately. Written comments may be submitted to the Oversight Board prior to the time set for the meeting, to the attention of the Secretary of the Successor Agency (c/o the Office of the City Clerk of the City of Moorpark) at 799 Moorpark Avenue, Moorpark, California. Further information may be obtained by contacting Jessica Sandifer, Program Manager, Parks, Recreation and Community Services Department, City of Moorpark, at 799 Moorpark Avenue, Moorpark, California, or by telephone at (805) 517-6225, or by email at Isandifer(c�moorparkca.gov. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in an Oversight Board meeting, please contact the Office of the City Clerk of the City of Moorpark at (805) 517-6223. Notification at least 48 hours prior to the meeting or time when services are needed will assist the Oversight Board staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. Assisted hearing devices will be available at this hearing without prior notification Dated: June 22, 2016 M �� Blanca Garza, Deputy City Clerk Successor Agency of the Redevelopment Agency of the City of Moorpark -2- STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss CITY OF MOORPARK ) AFFIDAVIT OF POSTING NOTICE OF PROPOSED ACTION AT A SPECIAL MEETING OF THE OVERSIGHT BOARD TO THE SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK I, Blanca Garza, declare as follows: That I am the Deputy City Clerk of the City of Moorpark and that a Notice of Proposed Action at a Special Meeting of the Oversight Board to the Successor Agency of the Redevelopment Agency of the City of Moorpark will be held on Tuesday, July 5, 2016, commencing at 3:00 p.m. at the City Council Chambers, located at 799 Moorpark Avenue, Moorpark, California. A copy of said Notice was posted on June 24, 2016, at two conspicuous places at the Moorpark Community Center, 799 Moorpark Avenue, Moorpark, California. I declare under penalty of perjury that the foregoing is true and correct. Executed on June 24, 2016. Blanca Garza, Deputy City Clerk