HomeMy WebLinkAboutORD 369 2008 0702ORDINANCE NO. 369
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, AMENDING THE
REDEVELOPMENT PLAN FOR THE MOORPARK
REDEVELOPMENT PROJECT AREA EXTENDING THE TIME
LIMIT OF THE EFFECTIVENESS OF THE PLAN AND
PAYMENT OF INDEBTEDNESS AND RECEIPT OF
PROPERTY TAXES BY ONE YEAR AND ELIMINATING THE
TIME LIMIT ON THE ESTABLISHMENT OF LOANS,
ADVANCES AND INDEBTEDNESS PURSUANT TO HEALTH
AND SAFETY CODE SECTION 33333.6
WHEREAS, the. Redevelopment Agency of the City of Moorpark, California (the
"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 Agency is engaged in activities necessary and appropriate to
carry out the Redevelopment Plan ( "Plan ") for the Moorpark Redevelopment Project
Area ( "Project Area "). The Plan area was adopted by the Agency's legislative body, the
City Council of the City of Moorpark. The Plan was adopted by Ordinance No. 110 on
July 5, 1989; and
WHEREAS, the plan was amended by Ordinance No. 111 on July 5, 1989
( "Amendment No. 1") and Ordinance No. 202 on December 14, 1994 ( "Amendment No.
2" (collectively, the "Amended Plan "); and
WHEREAS, the Amended Plan has a time limit of July 5, 2009, within which the
Agency may incur debt in conjunction with implementation thereof in conformity with the
California Community Redevelopment Law (CCRL; California Health and Safety Code
Section 33000, et seq.); and
WHEREAS, pursuant to section 33333.6 of the Health and Safety Code, a time
limit on the effectiveness of the Redevelopment Plan and a time limit on the period for
payment of indebtedness and receipt of property taxes under the Redevelopment Plan
have been established; and
WHEREAS, the provisions of the Redevelopment Plan are currently effective
until July 5, 2029 and no loan, advance or indebtedness to be repaid by tax revenues
shall be incurred by the Agency after July 5, 2009; and
WHEREAS, Section 33681.9 of the Health and Safety Code was added by
Senate Bill 1045 ( "SB 1045 ") which took effect on September 1, 2003, which requires
the Agency during the 2003 -04 fiscal year to make a payment for deposit in Ventura
County's Educational Revenue Augmentation Fund ( "ERAF "); and
WHEREAS, on March 17, 2004 the Agency paid $135,608 into Ventura County's
Educational Revenue Augmentation Fund (ERAF) during the 2003 -04 fiscal year; and
Ordinance No. 369
Page 2
WHEREAS, by and through Senate Bill 211, Section 33333.6 of the Health and
Safety code was amended to provide that after January 1, 2002, a legislative body may
amend a pre -1994 redevelopment plan to eliminate the time limit to incur indebtedness
and to further provide that such ordinance may be adopted without compliance with
CCRL Section 33354.6 Article 12 of the CCRL, or any other provision of the CCRL
pertaining to amendments of redevelopment plans, except that the redevelopment
agency must make the payments to affected taxing entities required by CCRL Section
33607.7 from the date each constituent plan reaches the previously existing deadline(s)
to incur debt; and
WHEREAS, by and through Senate Bill 1045, Section 33333.6 of the Health and
Safety Code was amended to provide that as to redevelopment plans originally adopted
before January 1, 1994, and when such redevelopment agency is required to make
payment to the ERAF in fiscal year 2003 -2004 pursuant to Section 33681.9 of the
Health and Safety Code the City Council as the legislative body of the Agency may
amend the Redevelopment Plan to extend by one year the time limit on the
effectiveness of the Redevelopment Plan and eliminate the time limit to repay
indebtedness and receipt of property taxes under the Redevelopment Plan; and
WHEREAS, Section 33333.6 further provides that such ordinance may be
adopted without compliance with the normal procedures for redevelopment plan
amendments; and
WHEREAS, the City Council desires to adopt this ordinance to amend and
eliminate certain time limitations of the Redevelopment Plan, as more particularly set
forth below, in accordance with Section 33333.6, as amended by SB 1045 and SB 211 ;
and
WHEREAS, the enactment of this Ordinance is exempt from the California
Environmental Quality Act (Public Resources Code Section 21000 et seq.)( "CEQA ")
pursuant to CEQA Guidelines Section 15378(b)(4) because it is a fiscal activity which
does not involve any commitment to any specific project which may result in a
potentially significant physical impact on the environment; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The current time limit on the effectiveness of the Redevelopment
Plan, is hereby extended by one year, to July 4, 2030. The Moorpark Redevelopment
Agency is hereby authorized to act with respect to the Redevelopment Plan at any time
during which the Redevelopment Plan is effective.
SECTION 2. The current time limit on paying indebtedness or receiving property
taxes pursuant to the Redevelopment Plan and Health and Safety Code Section 33670
is hereby extended for one year to July 4, 2040. The Moorpark Redevelopment Agency
is hereby authorized to act with respect to the Redevelopment Plan at any time during
which the Redevelopment Plan is effective.
Ordinance No. 369
Page 3
SECTION 3. The time limit on the establishment of loans, advances and
indebtedness set forth in the Amended Plan and the implementation thereof, is hereby
eliminated; and the Agency is hereby authorized to establish loans, advances and
indebtedness with respect to the Amended Plan in accordance with all remaining
provisions of the Amended Plan, at any time during which the Amended Plan is
effective.
SECTION 4. Except with respect to the amendments set forth herein, the
Amended Plan, is and shall remain unchanged and in full force and effect in accordance
with its terms.
SECTION 5. The City Clerk is hereby directed to file a Notice of Exemption with
the County Clerk of the County of Ventura pursuant to CEQA Guidelines Section 15094.
SECTION 6. 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 7. This Ordinance shall become effective thirty (30) days after its
passage and adoption.
SECTION 8. 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 an ted; and shall, within fifteen (15) days after
the passage and adoption thereof, c se the sa to be published once in the Moorpark
Star a newspaper of general cir ation, as define in Section 6008 of the Government
Code, for the City of Moorpark, nd which is hereby d signated for that pOrpose.
PASSED AND ADOPTED this 2nd day of July
ATTEST:
Deborah S. Traffenstedt, CRYClerk
Ordinance No. 369
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. 369 was
adopted by the City Council of the City of Moorpark at a regular meeting held on the 2nd
day of July, 2008, and that the same was adopted by the following vote:
AYES: Councilmembers Mikos, Millhouse, Parvin, Van Dam, and Mayor Hunter
NOES: None
ABSENT: None
ABSTAIN: None
WITNESS my hand and the official seal of said City this 9th day of July, 2008.
Deborah S. Traffenstedt, y Clerk
(seal)