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HomeMy WebLinkAboutRES RD 1989 06 1989 0503RESOLUTION NO. 89 -6 A RESOLUTION OF THE MOORPARK REDEVEL40PMENT 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 tenant. 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 THIN 3rd day of May, 1989. Chairman of the Moorpark Redevelopment Agency ATTEST: Secretary of the Moorpark Redevelopment Agency STATE OF CALIFORNIA ) COUNTY OF VENTURA ) er-"ITY OF MOORPARK ) I, Richard Hare Secretary of the Moorpark Redevelopment Agency, do hereby certify that the foregoing resolution, being Resolution No. 89 -6 , 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 followinq vote: AYES: AGENCY MEMBERS: Harper, Lawrason, Montgomery, Perez and Chairman Brown. NOES: AGENCY MEMBERS: None. ABSENT: AGENCY MEMBERS: None. SecY6tary, Moorpark Redevelopment Agency 1 w r RULES GOVERNING PARTICIPATION AND PREFERENCES FOR OWNERS, OPERATORS OF BUSINESSES AND TENANTS FOR THE MOORPARK REDEVELOPMENT PROJECT Moorpark Redevelopment Agency APRIL 1989 EXHIBIT A C 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 EXHIBIT :\ MOORPARK REDEVELOPMENT AGENCY CITY OF MOORPARK, CALIFORNIA 'r RULES GOVERNING PARTICIPATION AND PREFERENCES W4 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 sea.), 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, ty 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 sucr f,-,-tcrs 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. no 4. The ability of owners to finance acquisition and development in accordance with the plan. 00, 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 �jch 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 apprcval of the Agency. 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 - 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. 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 ( 6. 7. I am now a tenant in the Project Area If tenant, indicate: month -to -month ( ); or lease ( ); expiration date of lease Explain: I am interested in participating: As a property owner If I Participate: As a Tenant 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