HomeMy WebLinkAboutRES OB 2016 100 2016 0920RESOLUTION NO. OB -2016-100
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
TRANSFER OF PROPERTY NO. 2 (347 MOORPARK AVENUE - APN
511-0-101-350), AND PROPERTY NO. 3 (467 HIGH STREET - APN 512-
0-081-110) 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. 06-
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 that two properties — identified in the LRPMP
as Property No. 2 — 347 Moorpark Avenue (APN 511-0-101-350) and Property No. 3 —
467 High Street (APN 512-0-081-110) (the "Properties) — will be retained by the City of
Resolution No. OB -2016-100
Page 2
Moorpark (the "City'), provided that the City shall pay compensation (the
"Compensation") to the taxing entities; and
WHEREAS, while it was contemplated that, in conjunction with the transfer of
the Properties to the City, the City would enter into compensation agreements with
affected taxing entities, the DOF has pronounced that no such compensation
agreement is necessary if the City pays fair market value for the Properties for the
Compensation and remits the Compensation to the Auditor -Controller of the County of
Ventura (the "County Auditor -Controller") for distribution to the affected taxing entities;
and
WHEREAS, the proceeds of the sales of Property No. 2 and Property No. 3 will
be transmitted to the County Auditor -Controller; and
WHEREAS, there has been presented to the Successor Agency two appraisals
conducted by a California certified general real estate appraiser, indicating that the fair
market value of the Properties is: Property No. 2 $255,000, and Property No. 3
$305,000; and
WHEREAS, at the meeting of September 20, 2016, the Successor Agency's
transfer of Property No. 2 and Property No. 3 to the City of Moorpark pursuant to the
Long Range Property Management Plan 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 approves and directs the Successor
Agency to execute and deliver a grant deed (the "Deed") to effect the transfer of the
Property to the City; provided, that the delivery of the Deed shall occur only
simultaneously with, or after, the City furnishes to the Successor Agency a copy of a
receipt of the Compensation (in the amount of $560,000) from the County Auditor -
Controller (the "County Auditor -Controller Receipt.
SECTION 3. This Resolution has been reviewed with respect to the applicability
of the California Environmental Quality Act, set forth in Public Resources Code Section
21000 et seq. ("CEQA"). Pursuant to the State CEQA Guidelines set forth in 14 Cal
Code Regs 15000 et seq. (the "Guidelines"), in light of the "as -is" nature of the transfer
of the Property, this Oversight Board has determined that the actions taken under this
Resolution are not a project pursuant to CEQA and is exempt therefrom because it is an
organizational or administrative activity of government that will not result in direct or
indirect physical changes in the environment (Guidelines Section 15378(b)(5)). Staff of
Resolution No. OB -2016-100
Page 3
the Successor Agency is hereby directed to prepare and post a notice of exemption
pursuant to Guidelines Section 15062.
SECTION 4. The members of this Oversight Board and the staff of the
Successor Agency are hereby authorized, jointly and severally, to do all things which
they may deem necessary or proper to effectuate the purpose of this Resolution and the
transfer of the Property to the City (including but not limited to the execution of any
assignment or transfers relating to leases, easements or other interests stemming from
fee ownership of the Property).
SECTION 5. 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 20th day of September, 2016.
ce Hamous, Chair
ATTEST:
Maureen Benson, City Clerk
Resolution No. OB -2016-100
Page 4
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. 06-
2016-100 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 20th
day of September, 2016, and that the same was adopted by the following vote:
2016.
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 20th day of September,
Maureen Benson, City Clerk