HomeMy WebLinkAboutRES SA 2016 19 2016 0907 RESOLUTION NO. SA-2016-19
A RESOLUTION OF THE CITY OF MOORPARK ACTING AS THE
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE
CITY OF MOORPARK, CALIFORNIA, APPROVING 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;
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 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. SA-2016-19
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 an upcoming meeting the Oversight Board will be considering the
adoption of a resolution (the "Oversight Board Resolution") approving the Successor
Agency's transfer of the Properties to the City.
NOW, THEREFORE, THE BOARD OF DIRECTORS 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 conveyance of the Properties by the Successor Agency to the
City is hereby authorized and approved. Each of the Chair (or, in the Chair's absence,
the Vice Chair), and the Executive Director (the "Authorized Officers", each being an
"Authorized Officer") acting individually, is hereby authorized to execute and deliver, for
and in the name of the Successor Agency, a grant deed to effect and evidence such
conveyance; provided, that such delivery shall occur: (i) after the Oversight Board
Resolution takes effect, and (ii) simultaneously with, or after, the City furnishes to the
Successor Agency a copy of a receipt of the Compensation (in the total amount of
$560,000) from the County Auditor-Controller (the "County Auditor-Controller Receipt").
The Deed and the County Auditor-Controller Receipt shall be in the form substantially
set forth in Attachment A and Attachment B, respectively, with such changes as the
Authorizing Officer executing the same may require or approve (such approval to be
conclusively evidenced by the execution and delivery thereof).
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
Resolution No. SA-2016-19
Page 3
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 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.
SECTION 4. The officers and staff of the Successor Agency are hereby
authorized and directed, jointly and severally, to execute such documents and do any
and all things which they may deem necessary or advisable to effectuate the purposes
of this Resolution, the Deed and the Lease Assignment Agreement and any such
actions previously taken by such officers and staff are hereby ratified and confirmed.
SECTION 5. The Secretary of the Successor Agency 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 7th day of September, 2016.
Janice S. Parvin, Chair
ATTEST:
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Maureen Benson, Agency Secretary ���'=�<'y �: '�� n,
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Attachment A — Form of Grant Deed
Attachment B — Form of Auditor Controller Receipt
ATTACHMENT A
FORM OF GRANT DEED
Resolution No. SA-2016-19
Page 5
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
City of Moorpark
799 Moorpark Ave
Moorpark, CA 93021
Attention: City Clerk
APN: [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 thereon (collectively, the "Property").
SUBJECT TO: general and special real property taxes and assessments and
supplemental assessments for the current fiscal year;
FURTHER SUBJECT TO: all liens, encumbrances, easements, rights of way,
covenants, conditions, restrictions, reservations and all other matters of record, and the
following conditions, covenants and agreements.
1. The Grantee covenants by and for itself or its successor, heirs, executors,
administrators and assigns, and all persons claiming under or through them, that there
shall be no discrimination against or segregation of, any person or group of persons on
account of any basis listed in subdivision (a) or (d) of Section 12955 of the California
Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision
(m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the
California Government Code, in the sale, lease, sublease, transfer, use, occupancy,
tenure or enjoyment of the premises herein conveyed, nor shall the Grantee, or any
person claiming under or through it, establish or permit any practice or practices of
discrimination or segregation with reference to the selection, location, number, use or
occupancy of tenants, lessees, subtenants, sub lessees or vendees in the premises
herein conveyed.
Resolution No. SA-2016-19
Page 6
Notwithstanding the immediately preceding paragraph, with respect to
familial status, said paragraph shall not be construed to apply to housing for older
persons, as defined in Section 12955.9 of the California Government Code. With
respect to familial status, nothing in said paragraph shall be construed to affect Sections
51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the California Civil Code, relating to housing
for senior citizens. Subdivision (d) of Section 51 and Section 1360 of the California Civil
Code and subdivisions (n), (o) and (p) of Section 12955 of the California Government
Code shall apply to said paragraph.
2. All deeds, leases or contracts entered into with respect to the Property
shall contain or be subject to substantially the following nondiscrimination/
nonsegregation clauses:
(a) In deeds: "The Grantee herein covenants by and for himself or
herself, his or her heirs, executors, administrators and assigns, and all persons claiming
under or through them, that there shall be no discrimination against or segregation of,
any person or group of persons on account of any basis listed in subdivision (a) or (d) of
Section 12955 of the California Government Code, as those bases are defined in
Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of
Section 12955, and Section 12955.2 of the California Government Code, in the sale,
lease, sublease, transfer, use, occupancy, tenure or enjoyment of the premises herein
conveyed, nor shall the Grantee himself or herself, or any person claiming under or
through him or her, establish or permit any practice or practices of discrimination or
segregation with reference to the selection, location, number, use or occupancy of
tenants, lessees, subtenants, sub lessees or vendees in the premises herein conveyed.
The foregoing covenants shall run with the land.
Notwithstanding the immediately preceding paragraph, with respect
to familial status, said paragraph shall not be construed to apply to housing for older
persons, as defined in Section 12955.9 of the California Government Code. With
respect to familial status, nothing in said paragraph shall be construed to affect Sections
51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the California Civil Code, relating to housing
for senior citizens. Subdivision (d) of Section 51 and Section 1360 of the California Civil
Code and subdivisions (n), (o) and (p) of Section 12955 of the California Government
Code shall apply to said paragraph."
(b) In leases: "The lessee herein covenants by and for himself or
herself, his or her heirs, executors, administrators and assigns, and all persons claiming
under or through him or her, and this lease is made and accepted upon and subject to
the following conditions: That there shall be no discrimination against or segregation of
any person or group of persons, on account of any basis listed in subdivision (a) or (d)
of Section 12955 of the California Government Code, as those bases are defined in
Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of
Section 12955, and Section 12955.2 of the California Government Code, in the leasing,
subleasing, transferring, use or occupancy, tenure or enjoyment of the premises herein
leased nor shall the lessee himself or herself, or any person claiming under or through
him or her, establish or permit any such practice or practices of discrimination or
Resolution No. SA-2016-19
Page 7
segregation with reference to the selection, location, number, use or occupancy of
tenants, lessees, sub lessees, subtenants or vendees in the premises herein leased.
Notwithstanding the immediately preceding paragraph, with respect
to familial status, said paragraph shall not be construed to apply to housing for older
persons, as defined in Section 12955.9 of the California Government Code. With
respect to familial status, nothing in said paragraph shall be construed to affect Sections
51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the California Civil Code, relating to housing
for senior citizens. Subdivision (d) of Section 51 and Section 1360 of the California Civil
Code and subdivisions (n), (o) and (p) of Section 12955 of the California Government
Code shall apply to said paragraph."
(c) In contracts: "The contracting party or parties hereby covenant by
and for himself or herself and their respective successors and assigns, that there shall
be no discrimination against or segregation of any person or group of persons, on
account of any basis listed in subdivision (a) or (d) of Section 12955 of the California
Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision
(m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the
California Government Code, in the sale, lease, sublease, transfer, use, occupancy,
tenure or enjoyment of the premises, nor shall the contracting party or parties, any
subcontracting party or parties, or their respective assigns or transferees, establish or
permit any such practice or practices of discrimination or segregation.
Notwithstanding the immediately preceding paragraph, with respect
to familial status, said paragraph shall not be construed to apply to housing for older
persons, as defined in Section 12955.9 of the California Government Code. With
respect to familial status, nothing in said paragraph shall be construed to affect Sections
51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the California Civil Code, relating to housing
for senior citizens. Subdivision (d) of Section 51 and Section 1360 of the California Civil
Code and subdivisions (n), (o) and (p) of Section 12955 of the California Government
Code shall apply to said paragraph."
3. All covenants and agreements contained in this Grant Deed shall
run with the land and shall be binding for the benefit of Grantor and its successors and
assigns and such covenants shall run in favor of the Grantor and for the entire period
during which the covenants shall be in force and effect as provided in the Agreement,
without regard to whether the Grantor is or remains an owner of any land or interest
therein to which such covenants relate. The Grantor, in the event of any breach of any
such covenants, shall have the right to exercise all of the rights and remedies provided
herein or otherwise available, and to maintain any actions at law or suits in equity or
other property proceedings to enforce the curing of such breach. The covenants
contained in this Grant Deed shall be for the benefit of and shall be enforceable only by
the Grantor and its successors and assigns.
4. The covenants contained in Paragraphs 1 and 2 of this Grant Deed
shall remain in effect in perpetuity except as otherwise expressly set forth therein.
Resolution No. SA-2016-19
Page 8
5. This Grant Deed may be executed simultaneously in one or more
counterparts, each of which shall be deemed an original, but all of which together shall
constitute one and the same instrument.
IN WITNESS WHEREOF, Grantor has executed this Grant Deed as of the date set forth
below.
Dated: , 2016
SUCCESSOR AGENCY OF THE
REDEVELOPMENT AGENCY OF THE CITY
OF MOORPARK
By:
Print Name:
Title:
Resolution No. SA-2016-19
Page 9
ATTACHMENT B
FORM OF COUNTY AUDITOR-CONTROLLER RECEIPT
Date: , 201
To: Ventura County Auditor-Controller(the "County Auditor-Controller")
From: City of Moorpark, California (the "City")
Re: Transfer of a Property, APN
in Moorpark, California (the "Property") by Successor Agency of the
Redevelopment Agency of the City of Moorpark (the "Successor Agency")
to the City pursuant the Successor Agency's Long Range Property
Management Plan
On this day, the City has remitted to the County Auditor-Controller an amount of
$ , for compensation to the taxing entities for the City's retention of
the above-referenced Property pursuant to the LRPMP, as approved by the California
State Department of Finance (the "DOF"). The City hereby requests that the County
Auditor-Controller distribute such moneys to the taxing entities with the respect to the
Moorpark Redevelopment Project Area.
CITY OF MOORPARK
By:
Steven Kueny
City Manager
The undersigned Auditor-Controller of the County of Ventura hereby
acknowledges and accepts receipt of $ from the City, and covenants to
distribute such moneys to the taxing entities with the respect to the Moorpark
Redevelopment Project Area, in proportion to such taxing entities' shares of the base
property tax, as determined pursuant to Health and Safety Code Section 34188.
Date:
Jeffery S. Burgh
Auditor-Controller of the County of Ventura
Resolution No. SA-2016-19
Page 10
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss.
CITY OF MOORPARK )
I, Maureen Benson, Secretary of the Successor Agency of the Redevelopment
Agency of the City of Moorpark, California, do hereby certify under penalty of perjury
that the foregoing Resolution No. SA-2016-19 was adopted by the Successor Agency of
the Redevelopment Agency of the City of Moorpark at a regular meeting held on the 7th
day of September, 2016, and that the same was adopted by the following vote:
AYES: Agency Members Mikos, Millhouse, Pollock, Van Dam, and Chair
Parvin
NOES: None
ABSENT: None
ABSTAIN: None
WITNESS my hand and the official seal of said City this 20th day of September, 2016.
S
Maureen Benson, Agency Secretary
(seal)
-„` ,' x.71