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HomeMy WebLinkAboutRES OB 2016 101 2016 0920RESOLUTION NO. OB -2016-101 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. 1 (500 LOS ANGELES AVENUE - APN 506-0-050-080) 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 that the property identified in the LRPMP as Property No.1 - 500 Los Angeles Avenue (APN 506-0-050-080) (the "Property") — will be retained by the City of Moorpark (the "City"), provided that the City shall pay compensation (the "Compensation") to the taxing entities; and Resolution No. OB -2016-101 Page 2 WHEREAS, while it was contemplated that, in conjunction with the transfer of the Property to the City, the City would enter into compensation agreements with affected taxing entities, the Successor Agency has determined that the Property was acquired with proceeds from tax-exempt bonds issued by the Former Agency; and WHEREAS, Bond Counsel has advised that, in order for the Successor Agency to comply with its covenants and obligations in connection with the related bonds (the "Tax Exempt Bond Covenants"), the proceeds from the sale of the Property cannot be disbursed to the taxing entities and, instead, must be treated as if they are bond proceeds to be spent by the Successor Agency in accordance with the Tax Exempt Bond Covenants; and WHEREAS, there has been presented to the Successor Agency an appraisal conducted by a California certified general real estate appraiser, indicating that the fair market value of Property No.1 is $1,810,000; and WHEREAS, at the meeting of September 20, 2016, the Successor Agency's transfer of Property No. 1 (500 Los Angeles Avenue - APN 506-0-050-080) 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 funding in the amount of $1,810,000 to the Successor Agency for deposit in the Redevelopment Agency Tax Allocation Bond Fund. 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 the Successor Agency is hereby directed to prepare and post a notice of exemption pursuant to Guidelines Section 15062. Resolution No. OB -2016-101 Page 3 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. nice Ham s, Chair ATTEST: Maureen Benson, City Clerk Resolution No. OB -2016-101 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- 2016-101 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, Parvin, and Priestley NOES: Board Member Kasper ABSENT: Board Member Melby and Chairperson Hamous ABSTAIN: None IN WITNESS THEREOF, I have set my hand this 20th day of September, Maureen Benson, City Clerk