HomeMy WebLinkAboutORD 351 2007 0620ORDINANCE NO. 351
AN ORDINANCE OF THE CITY OF MOORPARK,
CALIFORNIA, CONTAINING A DESCRIPTION OF THE
REDEVELOPMENT AGENCY OF THE CITY OF
MOORPARK'S PROGRAM TO ACQUIRE REAL PROPERTY
BY EMINENT DOMAIN IN THE MOORPARK
REDEVELOPMENT PROJECT AREA
WHEREAS, the City Council of the City of Moorpark, California ( "City Council ")
adopted Ordinance No. 110 on June 7, 1989, approving and adopting the
Redevelopment Plan for the Moorpark Redevelopment Project Area (the
"Redevelopment Plan "); and
WHEREAS, the Redevelopment Agency of the City of Moorpark ( "Agency ") has
been designated as the official redevelopment agency in the City of Moorpark to carry
out the functions and requirements of the Community Redevelopment Law of the State
of California (Health and Safety Code Section 33000 et seq.) and to implement the
Redevelopment Plan; and
WHEREAS, the City Council adopted Ordinance No. 111 on July 5, 1989,
restricting the Agency's authority to utilize eminent domain; and
WHEREAS, Section 403 of the Redevelopment Plan contains the Agency's
authority to acquire property by eminent domain; and
WHEREAS, Section 33342.7 of the Health and Safety Code, which was added
by Senate Bill 53 ( "SB 53 "), which took effect on January 1, 2007, requires a legislative
body that adopted a redevelopment plan containing eminent domain authority before
January 1, 2007, to adopt an ordinance on or before July 1, 2007, containing a
description of the agency's program to acquire real property by eminent domain.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES ORDAIN AS FOLLOWS:
SECTION 1. Pursuant to Section 33342.7 of the Health and Safety Code, a
description of the Agency's program to acquire real property by eminent domain is set
forth in Exhibit A, attached hereto and incorporated herein by this reference. The
Agency's program to acquire real property by eminent domain may be amended only by
amending the Redevelopment Plan pursuant to Article 12 of the Community
Redevelopment Law (commencing with Health and Safety Code Section (33450).
SECTION 2. The City Clerk is hereby directed to send a certified copy of this
Ordinance to the Agency.
Ordinance No. 351
Page 2
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.
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, within fifteen (15) days after
the passage and adoption thereof, cause thee to be published once in the Moorpark
Star, a newspaper of general circulati a
, s define Section 6008 of the Government
Code for the City of Moorpark, and ich is hereby desi ated for that purpo4.
PASSED AND ADOPTE,S this 20th day of June, 2807
ATTEST:
s.
Deborah S. Traffenstedt, City Clerk VC=3;1
Exhibit A Agency's program to acquire real property by eminent domain
Ordinance No. 351
Page 3
EXHIBIT A
THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK'S PROGRAM
AND PROCESS TO ACQUIRE REAL PROPERTY IN THE MOORPARK PROJECT
AREA BY USE OF EMINENT DOMAIN
On July 5, 1989, the City Council adopted Ordinance 110 that was not to become
effective unless and until approved by a majority of the voters. Ordinance No. 111
applied restrictions on the Agency's power of eminent domain authority within the
Project Area.
On July 19, 1989, the City Council, by its Resolution No. 89 -588, called for a
special election to be held for the purpose of submitting Amendment No. 1 to the
electorate for approval. A Special Municipal Election was held and conducted in the
City on November 7, 1989, whereby the electorate approved the adoption of Ordinance
No. 111, which was subsequently made effective by the City Council on December 6,
1989, by its Resolution No. 89 -623. As amended, the Plan excluded all property zoned
residential and all property zoned commercial or industrial that had a residential
structure on it which was owner occupied at the time the Plan was first adopted from the
Agency's eminent domain authority.
The Plan authorized the Agency to use eminent domain to acquire real property
for a period of twelve years, which expired on July 4, 2001. Since July 4, 2001, the
program and process to acquire property in the Plan does not authorize the Agency to
use eminent domain.
In the event the City Council approves and adopts an amendment changing the
Plan to authorize the Agency to use eminent domain to acquire real property for an
additional twelve year period, the program and process for the use of eminent domain
by the Agency would follow all of the requirements of the CCRL.
Ordinance No. 351
Page 4
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss.
CITY OF MOORPARK )
I, Deborah S. Traffenstedt, City Clerk of the City of Moorpark, California, do
hereby certify under penalty of perjury that the foregoing Ordinance No. 351 was
adopted by the City Council of the City of Moorpark at a regular meeting held on the
20th day of June, 2007, and that the same was adopted by the following vote:
AYES: Councilmembers Mikos, Millhouse, Parvin, Vam Dam, and Mayor
Hunter
NOES: None
ABSENT: None
ABSTAIN: None
WITNESS my hand and the official seal of said City this 6th day of July, 2007.
Deborah S. Traffenstedt, City Clerk
(seal)