HomeMy WebLinkAboutORD 405 2011 0720ORDINANCE NO. 405
AN ORDINANCE OF THE CITY OF MOORPARK,
CALIFORNIA, TERMINATING DEVELOPMENT AGREEMENT
NO. 1998 -05 BETWEEN THE CITY OF MOORPARK AND
THE SOUTHERN CALIFORNIA EDISON COMPANY,
ADOPTED BY ORDINANCE NO. 250 AND RECORDED WITH
THE COUNTY RECORDER UNDER THE ASSIGNED
DOCUMENT NUMBER 99- 043265
WHEREAS, on December 16, 1998, the City Council adopted Ordinance No.
250, adopting Development Agreement No. 1998 -04 between the City of Moorpark and
A -B Properties for approximately 34.53 acres located 1,300 feet west of Gabbert Road
and north of the Union Pacific railroad right -of -way, and Development Agreement No.
1998 -05 between the City of Moorpark and the Southern California Edison Company
(SCE) for 8.79 acres, located 1,300 feet west of Gabbert Road, immediately north of the
Union Pacific railroad right -of -way, and immediately south of the 34.53 -acre A -B
Properties site identified above; and
WHEREAS, on March 5, 1999, Development Agreement No. 1998 -05 was
recorded with the County Recorder with the assigned document number 99- 043265;
and
WHEREAS, on September 14, 2010, the City of Moorpark entered into a
Settlement Agreement and Mutual Release with the Sothern California Edison
Company in which the City agreed to schedule hearings with a staff recommendation for
approval of termination of Development Agreement No. 1998 -05; and
WHEREAS, Section 15 of Development Agreement No. 1998 -05 calls for
termination by mutual consent to be in accordance with Ordinance No. 59 or its
successor;and
WHEREAS, Ordinance No. 59, codified as Chapter 15.40 of the Municipal Code,
calls for the process for termination of a development agreement by mutual consent to
be by recommendation of the Planning Commission and action by City Council after
holding public hearings on the matter; and
WHEREAS, on February 16, 2011, the City Council adopted Resolution No.
2011 -3002, directing the Planning Commission to study, hold a public hearing, and
provide a recommendation for terminating Development Agreement No. 1998 -05; and
WHEREAS, on May 24, 2011, the Planning Commission adopted Resolution No.
PC- 2011 -565, recommending termination of Development Agreement No. 1998 -05
between the City of Moorpark and SCE; and
Ordinance No.405
Page 2
WHEREAS, at its meeting of July 6, 2011, the City Council considered the
agenda report and any supplements thereto and written public comments; opened the
public hearing and took and considered public testimony both for and against the
proposal; and reached a decision on this matter; and
WHEREAS, Development Agreement No. 1998 -04 between the City of Moorpark
and A -B Properties remains unaffected by this decision and that portion of Ordinance
No. 250 remains in effect; and
WHEREAS, the City Council concurs with the Community Development
Director's determination as outlined in the July 6, 2011 staff report that this qualifies for
a General Rule Exemption in accordance with Section 15061 of California Code of
Regulations (CEQA Guidelines). No further environmental documentation is required;
and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES ORDAIN AS FOLLOWS:
SECTION 1. The City Council hereby terminates Development Agreement
No. 1998 -05, as contained within Ordinance No. 250 and as recorded by the County
Recorder with the assigned document number 99- 043265, between the City of
Moorpark and Southern California Edison (SCE).
SECTION 2. This Ordinance shall be recorded with the Ventura County
Recorder, to document the termination of the Development Agreement between the City
of Moorpark and the Southern California Edison Company (1998 -05) as previously
recorded in the County of Ventura on March 5, 1999 and assigned recorder's document
number 99- 043265.
SECTION 3. If any section, subsection, sentence, clause, phrase, part or
portion of this ordinance is for any reason held to be invalid or unconstitutional by any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this ordinance. The City Council declares that it would have adopted this
ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof,
irrespective of the fact that any one or more section, subsections, sentences, clauses,
phrases, parts or portions be declared invalid or unconstitutional.
SECTION 4. This ordinance shall become effective thirty (30) days after its
passage and adoption.
Ordinance No.405
Page 3
SECTION 5. The City Clerk shall certify to the passage and adoption of this
ordinance; shall enter the same in the book of original ordinances of said City; shall make
a minute of the passage and adoption thereof in the records of the proceedings of the City
Council at which the same is passed and adopted; and shall publish notice of adoption in
the manner required by law.
PASSED AND ADOPTED this 20th day of July, 2011.
ATTEST:
Maureen Benson, City Clerk
It-
Ja LceS--!AParVin, Mayor
Ordinance No.405
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 Ordinance No. 405 was adopted by
the City Council of the City of Moorpark at a regular meeting held on the 20th day of
July, 2011, and that the same was adopted by the following vote:
AYES: Councilmembers Mikos, Millhouse, Pollock, Van Dam, and Mayor Parvin
NOES: None
ABSENT: None
ABSTAIN: None
WITNESS my hand and the official seal of said City this 28th day of July, 2011.
Maureen Benson, City Clerk
(seal)