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HomeMy WebLinkAboutAG RPTS 1989 0201 RDA REG Next Reso. No.89-3 REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK AGENDA Wednesday, February 1, 1989 6:30 P.M. Moorpark Community Center 799 Moorpark Avenue 1. CALL TO ORDER: 2. PLEDGE OF ALLEGIANCE: 3. ROLL CALL: 4. PUBLIC COMMENTS: 5. CONSENT CALENDAR: Roll Call Vote required. A. Approval of the Warrant Register: - Payable Warrant No. 107 & 108 $15,851.99 B. Consider approval of minutes for the Redevelopment Agency Meeting of November 16, 1988. 6. DISCUSSION/ACTION ITEMS: A. Consider adoption of Resolution No. 89- approving the preliminary report for the Moorpark Development Project. 7. FUTURE AGENDA ITEMS: 8. ADJOURNMENT: Any member of the public may address the Redevelopment Agency during the Public Comments portion of the Agenda, unless it is a Public Hearing item. Speakers who wish to address the Redevelopment Agency concerning a Public Hearing item must do so during the Public Hearing for that item. Speaker Cards must be received by the Secretary of the Redevelopment Agency prior to the Call to Order of the meeting. Speakers will be heard in the order that their Speaker Cards are received. A limitation of 3 minutes shall be imposed upon each speaker. Copies of the reports or other written documentation relating to each item of business on the agenda are on file in the office of the Secretary of the Redevelopment Agency and are available for public review. Any questions concerning any agenda item may be directed to the Secretary of the Redevelopment Agency at 529-6864. STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss CITY OF MOORPARK ) AFFIDAVIT OF POSTING SPECIAL MEETING NOTICE I, CAROLYN J. DYER, declare as follows: That I am the Deputy City Clerk of the City of Moorpark; that a SPECIAL MEETING of the Redevelopment Agency of the City of Moorpark will be held on February 1, 1989 in the Council Chambers of the Community Center at 6:30 P.M. , and that a copy of said Special Meeting was posted at a conspicuous place near the door of the room at which said meeting was held. I declare under penalty of perjury that the foregoing is true and correct. Executed on January 26, 1989, at Moorpark, California R?4i471)CarolynDye Deputy City Clerk.. WW1 • =hy ',�:,: 4 a`i ITEM t). A . , • STAFF REPORT TO: Moorpark Redevelopment Agency FROM: Urban Futures, Inc. Redevelopment Advisors DATE: February 1, 1989 RE: Moorpark Redevelopment Project Discussion: Honorable Chairman and members of the Moorpark Redevelopment Agency; the attached Preliminary Report is scheduled for your consideration on February 1, 1989. The Preliminary Report to the Redevelopment Agency on the Proposed Redevelopment Project has been prepared pursuant to Section 33344.5 of the California Health and Safety Code. Its purpose is to describe: 1. The reasons for selecting the Project Area; 2 . The physical, social and economic conditions existing in the Project Area; 3 . The proposed method of financing redevelopment of the Project Area; 4. The specific projects proposed; and 5. How the specific project will improve or alleviate the physical, social and economic conditions existing in the Project Area. As a procedural item in the adoption of a Redevelopment Plan, the Moorpark Redevelopment Agency is required to transmit this document to the appropriate taxing agencies and County officials. Recommendation: It is your Redevelopment Agency advisors recommendation that the Agency Board review the attached document, make any changes deemed appropriate and adopt the enacting Resolution. . , RESOLUTION NO. A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING THE PRELIMINARY REPORT FOR THE MOORPARK REDEVELOPMENT PROJECT AND AUTHORIZING DISTRIBUTION TO ALL AFFECTED TAXING AGENCIES AND COUNTY OFFICIALS WHEREAS, on March 18, 1987, the City Council of the City of Moorpark by Ordinance No. 87 established a Redevelopment Agency for the City of Moorpark; and WHEREAS, on November 2, 1988, by Resolution No. 88-519 the Moorpark City Council established, in accord with California Community Redevelopment Law (Health and Safety Code, Section 33000 et seq. ) , a Survey Area for the Moorpark Redevelopment Project; and WHEREAS, on November 7, 1988, by Resolution NO. 88-177, the Planning Commission of the City of Moorpark selected and designated the bouhdaries of the Redevelopment Project Area (the "Project Area") , approved a Preliminary Redevelopment Plan (the "Preliminary Plan") including a map of the Project Area and submitted said Preliminary Plan to the Redevelopment Agency (the "Agency") ; and . . . WHEREAS, pursuant to Section 33344. 5 of the Health and Safety Code, the Agency is to prepare and send to affected taxing agencies a Preliminary Report ("Preliminary Report") , which shall contain: (a) The reasons for the selection of the Project Area; (b) A description of the physical, social and economic conditions existing in the Project Area; (c) A preliminary assessment of the proposed method of financing the redevelopment of the Project Area, including an assessment of the economic feasibility of the Project and the reasons for including a provision for the division of taxes pursuant to Section 33670 in the Redevelopment Plan; (d) A description of how the project or projects to be pursued by the Agency in the Project Area will improve or alleviate the conditions described in subdivision (b) . WHEREAS, the Agency has reviewed the draft Preliminary Report in the form submitted herewith. NOW, THEREFORE, BE IT RESOLVED by the Moorpark Redevelopment Agency as follows: SECTION 1. The Agency approves and adopts the Preliminary Report, substantially in the form and content attached hereto as Exhibit A; the staff of the Agency and the Redevelopment consultant are hereby authorized to add to such report such additional appendices in the form of maps or diagrams which further explain the content(s) of such report and transmit such appendices to the affected taxing agencies. SECTION 2. The Executive Director of the Agency is hereby authorized and directed to transmit the Preliminary Report for the Moorpark Redevelopment Project to all affected taxing agencies, and appropriate County officials. PASSED, APPROVED AND ADOPTED THIS 1ST DAY OF FEBRUARY, 1989. AYES: AGENCY MEMBERS: NOES: AGENCY MEMBERS: ABSENT: AGENCY MEMBERS: Chairman ATTEST: Secretary STATE OF CALIFORNIA ) COUNTY OF VENTURA ) I, Carolyn Dyer, Acting Secretary to the Redevelopment Agency, DO HEREBY CERTIFY that the foregoing was duly adopted at a regular meeting of said Redevelopment Agency held on the 1st day of February 1988 . Carolyn Dyer Acting Secretary to the Redevelopment Agency ,.i E NA RESOLUTION NO. A RESOLUTION OF THE MOORPARK REDEVELOPMENT AGENCY ADOPTING RULES GOVERNING PARTICIPATION AND PREFERENCES BY OWNERS, OPERATORS OF BUSINESSES AND TENANTS, RELATIVE TO THE MOORPARK REDEVELOPMENT PROJECT WHEREAS, the Moorpark Redevelopment Agency (the "Agency") has prepared a proposed Redevelopment Plan for the Moorpark Redevelopment Project (the "Project Area") and WHEREAS, the Agency desires, when consistent with the objectives of the Redevelopment Plan, to provide for owner participation in the redevelopment of the Project Area and to give preference to existing owners and business tenants for reentry into business in the Project Area. NOW, THEREFORE, the Moorpark Redevelopment Agency does hereby resolve as follows: Section 1. The rules and regulations entitled: "Rules Governing Participation and Preferences for Owners, Operators of Businesses and Tenants" Attached hereto as Exhibit "A" and by this reference incorporated herein, shall govern the participation of owners and the reentry of owners and business tenants in the Project Area. Section 2. "The Executive Director of the Agency is hereby authorized and directed to make said rules and regulations available at the offices of the Agency for inspection by all interested persons and to publish a notice of the availability thereof in the notice of public hearing on the Redevelopment Plan. APPROVED, PASSED AND ADOPTED THIS 3rd day of May, 1989. Chairman of the Moorpark Redevelopment Agency ATTEST: Secretary of the Moorpark Redevelopment Agency STATE OF CALIFORNIA ) COUNTY OF VENTURA ) CITY OF MOORPARK ) I, , Secretary of the Moorpark Redevelopment Agency, do hereby certify that the foregoing resolution, being Resolution No. , was duly and regularly adopted by said Agency at a regular meeting thereof, duly and regularly held on the 3rd day of May, 1989, and that the same was so passed and adopted by the following vote: AYES: AGENCY MEMBERS: NOES: AGENCY MEMBERS: ABSENT: AGENCY MEMBERS: Secretary, Moorpark Redevelopment Agency RULES GOVERNING PARTICIPATION AND PREFERENCES FOR OWNERS, OPERATORS OF BUSINESSES AND TENANTS FOR THE MOORPARK REDEVELOPMENT PROJECT -Praes, J1 Moorpark Redevelopment Agency APRIL 1989 EXHIBIT A MOORPARK REDEVELOPMENT AGENCY CITY OF MOORPARK, CALIFORNIA RULES GOVERNING PARTICIPATION AND PREFERENCES BY OWNERS, OPERATORS OF BUSINESSES, AND TENANTS FOR THE CITY OF MOORPARK REDEVELOPMENT PROJECT Prepared by: Urban Futures, Inc. 801 E. Chapman Avenue Suite 106 Fullerton, California 92631 (714) 738-4277 Consultants to the Agency MOORPARK REDEVELOPMENT AGENCY CITY OF MOORPARK, CALIFORNIA RULES GOVERNING PARTICIPATION AND PREFERENCES BY OWNERS, OPERATORS OF BUSINESSES, AND TENANTS IN THE CITY OF MOORPARK REDEVELOPMENT PROJECT Section I. GENERAL These rules are promulgated by the Moorpark Redevelopment Agency pursuant to the requirements of the California Redevelopment Law (Health and Safety Code Section 33000 et seq. ) , to implement the provisions of the Redevelopment Plan for the Moorpark Redevelopment Project regarding participation and the exercise of preference by owners, operators of businesses, and tenants in the Project Area. These rules set forth the procedures governing such participation. It is the intention of the Agency to encourage and permit participation in the restoration and redevelopment of the Project Area by as many owners, operators of businesses and tenants residing within the Project Area as possible. The Agency shall extend preferences to qualified persons, as determined by the Agency, who are owners and tenants in the Project Area, to continue in, or, if the Agency acquires the land of an owner or the land on which a tenant is located, to re-enter the Project Area if any such owner or tenant otherwise meets the requirements prescribed in the Redevelopment Plan and in these rules. The Agency is also authorized to permit persons who are owners of real property in the Project Area to be given the opportunity to participate in the restoration and redevelopment of the Project Area by retaining, and if necessary rehabilitating, all or a portion of their properties, by acquiring adjacent or other properties in the Project Area, by selling their properties to the Agency and purchasing other properties in the Project Area or by selling improvements to the Agency and redeveloping their property. Participation opportunities shall necessarily be subject to and limited by such factors as the following: 1. Removal, relocation and/or installation of public utilities and public facilities. 2. The elimination and changing of some land uses. 3 . The realignment, abandonment, widening or opening of public rights-of-way. -1- 4 . The ability of owners to finance acquisition and development in accordance with the plan. 5. Any reduction in the total number of individual parcels in the Project Area. 6. The assembly and development of areas for public and/or private development in accordance with the Plan. 7 . The capability and/or experience of the prospective participant to implement proposed development, the level of which will be determined by the Agency. If conflicts develop between the desires of participants for particular sites or land uses, the Agency is authorized to establish reasonable priorities and preferences among the owners and tenants and to determine a solution by consideration of such factors as: 1. Length of time in the area 2 . Accommodation of as many participants as possible 3 . Ability to perform 4. Similar land use to similar land use 5. Conformity of participant's proposal with the intent and purpose of the Redevelopment Plan 6. Whether the proposal will be in the public interest 7 . Amount of sales tax revenue, tax increment revenue, and other economic benefit accruing to the City of Moorpark and the Agency from the proposal 8. Employment opportunities and other economic benefit which can be expected to result to the community if the proposal is accepted 9 . Size and configuration of the parcel proposed for owner participation 10. Ability of the participant to implement the proposed project, taking into consideration the participant's financial capability, prior experience with similar developments, ability to obtain financing, and ability to abide by Agency design standards and development controls 11. Time schedule for completion of the proposed project 12 . Estimated cost of city and Agency services required if the proposal is accepted. Participation to the extent feasible shall be available for two or more persons, firms or institutions, to join together in partnerships, corporations, or other joint entities. Based on the above-described factors, the Agency may in its discretion decline the development proposal of a participant in favor of another competing proposal which will better achieve the purposes of the Plan. -2- Section II. TYPES OF PARTICIPATION Participation includes, in appropriate circumstances as determined by the Agency, remaining in substantially the same location either by retaining all or portions of the property, or by retaining all or portions of the property and purchasing adjacent property from the Agency. An owner who participates in the same location may be required to rehabilitate or demolish all or part of his existing buildings or the Agency may acquire the buildings only and then remove or demolish the buildings. Participation also includes, when necessary to accomplish the objectives of the Plan, the Agency buying land and improvements at fair market value from existing owners, and offering other parcels for purchase by such participants. Participation also includes business and residential tenants obtaining preferences to re-enter the Project Area in accordance with uses designated in the Plan. Section III. PARTICIPATION PROCEDURE A. Certificates of Conformance The Project Area is large and contains many parcels of real property . As a result there is. a need to simplify the availability of participation opportunities. Therefore, as an alternative to requiring a participation agreement for each property not to be purchased by the Agency or subject to Agency acquisition by eminent domain, the Agency is authorized to make determinations of those properties which conform to the Redevelopment Plan. The Agency shall in good faith review the property contained in the Project Area and issue Certificates of Conformance to qualifying properties as soon as possible consistent with the restoration and redevelopment permitted by the Plan and any specific designs for development adopted by the Agency pursuant to the Plan. B. Participation Agreements The Agency is authorized to enter into participation agreements regarding properties not purchased by the Agency or not to be purchased by the Agency and not included in an Agency Certificate of Conformance. Each agreement will contain provisions necessary to insure that the participation proposal will be carried out, and that the subject property will be developed or used in accordance with the conditions, restrictions, rules and regulations of the Redevelopment Plan and the agreement. Each agreement will require the participant to join in the recordation of such documents as the Agency may require to insure such development and use. Participation agreements will be effective only if approved by the Members of the Agency. The agreement shall also provide that a successor in interest of the original participant may become a participant with the written approval of the Agency. -3- C. Statements of Interest Before making any offer to purchase property in the Project Area, the Agency shall determine if the owners of such properties desire to participate in the redevelopment of the Project Area. The Agency shall notify by certified mail, return receipt requested, every last known addressee in the Project Area of the adoption of the Redevelopment Plan. Such notification shall include a Statement that these participation rules are available for review at City Hall. The notification will also advise all such persons of the date by which interested owners, businesses, and tenants should submit to the Agency a completed form entitled "Statement of Interest in Participation" . The Agency shall include the Statement of Interest Form with the notification. Every owner, business or tenant interested in becoming a participant in the Project Area shall submit a completed "Statement of - Interest in Participating" within 30 days of receipt of the notification. The Agency shall assist each person who submits a bona fide Statement in evaluating the feasibility of a proposed participation agreement. Opportunity will be given to qualified persons to present participation proposals to the Agency's staff. The Agency will make a reasonable effort to meet the desires of each qualified person desiring to participate in the Project. If the Agency determines that a person who timely submits a Statement has demonstrated qualifications and feasibility pursuant to these rules for a participation agreement, the Agency shall negotiate such an agreement with such person. The Agency shall notify the property owner or tenant in writing of its intention to require a participation agreement, and shall provide the participant with a copy of the proposed participation agreement. The Agency may disregard any Statement received after such 30-day period. Any owner or tenant may also submit such a Statement at any time before such notification. The Agency shall consider such Statements as are submitted within the aforementioned 30 day period and seek to develop reasonable participation for those submitting such Statements, whether to stay in place, to move to another location or to obtain preferences to re-enter the Project Area. Section IV. ENFORCEMENT In the event a property is not developed or used in conformance with the Redevelopment Plan, and with a Certificate of Conformance, or a Participation Agreement, then the Agency is authorized to (1) purchase the property, (2) purchase any interest in the property sufficient to obtain conformance, or (3) take any other appropriate action sufficient to obtain such conformance. Section V. AMENDMENTS OF OWNER PARTICIPATION RULES The Agency may amend these rules at any meeting held after their adoption provided that persons who have filed statements and the participants who have entered into participation agreements are -4- 'w w notified in writing at least 14 days before the date of the meeting at which the proposed amendment will be considered. The text of the proposed change shall be furnished along with the notice of the meeting. Individuals will be notified either in person or by certified mail. Such notice will be mailed or delivered to the address shown on the Statement or as indicated in the Participation Agreement. -5- REDEVELOPMENT AGENCY CITY OF MOORPARK, CALIFORNIA REDEVELOPMENT PROJECT STATEMENT OF INTEREST IN PARTICIPATION I hereby express my interest in participating in the Redevelopment Project and submit the following information: 1. Name Phone ( ) - 2 . Home Address 3 . Name of Business 4 . Address of Business 5. My present involvement in the Project Area is: ' • I now own (commercial, residential, industrial) property in the Project I am now a tenant in the Project Area If tenant, indicate: month-to-month ( ) ; or lease ( ) ; expiration date of lease Explain: 6. I am interested in participating: As a property owner _ As a Tenant 7 . If I Participate: I would like to continue at the same location I would like to change my present location I would like to acquire real property for expansion (indicate approximate requirements) REMARKS: I understand that submission of this Statement of Interest does not in any way obligate me to participate in the Project. Date Signed Please return within 30 days of receipt of notification to: Statement of Interest, Moorpark Redevelopment Agency, 799 Moorpark Avenue, Moorpark, CA 93021