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HomeMy WebLinkAboutRES RD 2005 148 2005 0615RESOLUTION NO. 2005 -148 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK, CALIFORNIA, REESTABLISHING AN EMINENT DOMAIN POLICY PERTAINING TO THE REDEVELOPMENT PLAN FOR THE MOORPARK REDEVELOPMENT PROJECT, AND FINDING THAT A PROJECT AREA COMMITTEE IS REQUIRED AND NECESSARY TO EFFECTUATE THE ADOPTION OF PROPOSED AMENDMENT NO. 2 TO THE MOORPARK REDEVELOPMENT PLAN, AND ACTING TO ESTABLISH A PROJECT AREA COMMITTEE WHEREAS, the City Council of the City of Moorpark (the "City Council "), adopted the Redevelopment Plan (the "Plan ") for the Moorpark Redevelopment Project (the "Project" and "Project Area," respectively) on July 5, 1989 by Ordinance No. 210 in accordance with the California Community Redevelopment Law (CCRL; Health and Safety Code Section 33000 et seq.); and WHEREAS, Section 33342 of the CCRL provides that "redevelopment plans may provide for the agency to acquire by gift, purchase, lease, or condemnation all or part of the real property in the project area "; and WHEREAS, the Plan provides authority for the Agency to use eminent domain as a redevelopment tool; and WHEREAS, in 1989 the voters of Moorpark subsequently approved at election, the City Council Ordinance No. 111, which contained the following: "The following restrictions are applicable to the Agency's power of Eminent Domain: 1. All property zoned residential is excluded from eminent domain. 2. All property zoned commercial or industrial that has a residential structure (house) on it and is owner occupied at the time the Redevelopment Plan is adopted is excluded from eminent domain for long as that owner occupies the residence.; and WHEREAS, the Agency's eminent domain authority promulgated under the Plan expired in July 2001 in accordance with the 12- year time limit imposed by CCRL Section 33333.4(g) (2) and by Section 403 of the Plan; and Resolution No. 2005 -148 Page 2 WHEREAS, by redevelopment plan amendment procedures codified under the CCRL Article 12, commencing with Section 33450, the Agency desires to reinstate the Plan's eminent domain authority for an additional 12 -year period; and WHEREAS, the Agency's ability to utilize eminent domain authority to acquire property may or may not be limited to specific land uses; and WHEREAS, the voters of the City of Moorpark will need to approve the Agency's eminent domain authority if it exceeds the restrictions set forth in City Council Ordinance No. 111; and WHEREAS, the ability to acquire property by eminent domain proceedings will not be granted to the Agency until the ordinance adopting the Redevelopment Plan Amendment No. 2 has been approved by the City Council; and WHEREAS, CCRL Section 33385.3 requires that a Project Area Committee (PAC) be formed by an agency if the proposed redevelopment plan amendment would do either of the following: (1) Grant the authority to the agency to acquire by eminent domain property on which persons reside in a project area in which a substantial number of low- and moderate - income persons reside; or Add territory in which a substantial number of low- and moderate - income persons reside and grant the authority to the agency to acquire by eminent domain property on which persons reside in the added territory. The project area committee may be composed of persons from only the added territory or both the added area and the existing project area; and WHEREAS, it has been determined that a substantial number of low- and moderate - income persons reside in the Project Area; and WHEREAS, Amendment No. 2 does not provide for the addition of new territory to the limits of the Project Area; and Resolution No. 2005 -148 Page 3 WHEREAS, pursuant to CCRL Section 33385.3, et a1., the Agency desires to establish a PAC for owners, residents, businesses and community organizations as a method of community outreach and participation with respect to Amendment No. 2. NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The above facts are true and correct and a substantive part of this Resolution. SECTION 2. Section 403 of the Plan, shall be amended to read as follows: i. The Agency may purchase, lease, obtain option upon or otherwise acquire any interest in real property located in the Project Area by gift, devise, exchange, purchase, or any other means authorized by law including the use of eminent domain for the purpose of redevelopment. Acquisition of property will generally be achieved by cooperative negotiations between the owner of such property and the Agency. ii. The Agency shall not acquire real property to be retained by an owner pursuant to a participation agreement unless provision for such acquisition is made in the agreement. The agency is authorized to acquire structures without acquiring the land upon which those structures are located. iii. No eminent domain proceeding to acquire property within the Project Area shall be commenced after twelve (12) years following the date of adoption of the ordinance approving and adopting this Plan. Such time limitation may be extended only by further amendment of this Plan. iv. The Agency shall not acquire real property on which an existing building is to be continued on its present site and in its present form and use without the consent of the owner, unless (1) such building requires structural alterations, improvement, modernization, or rehabilitation, or (2) the site or lot on which the building is situated requires modification in size, shape, or use, or (3) it is necessary to impose upon such property any of the standards, restrictions and controls of the Plan and the owner fails or refuses to participate in the Plan by executing a participation agreement. Resolution No. 2005 -148 Page 4 SECTION 3. The Executive Director of the Agency or his /her designee, may make technical, non - material revisions to the eminent domain provisions outlined herein that may be necessary or appropriate and that do not affect the intent and purpose of the provisions. SECTION 4. Pursuant to CCRL Section 33385.3, the Agency hereby directs that a PAC shall be established and requests that the City Council of the City of Moorpark adopt, by resolution after a duly noticed public hearing, procedures for the formation, election, and operation of said PAC Pursuant to CCRL Section 33385(b), et a1. SECTION 5. The Agency Secretary shall certify to the adoption of this resolution a s a cause a certified resolution to be filed in the bo t of origin Resolution. PASSED AND ADOPTED this ATTEST: Deborah S. th day of Jungf, ck Hui4ter�,Chair Traffenstd"Ut, Agency Secretary, * (ESTABLISH MAPCH 18,1 Resolution No. 2005 -148 Page 5 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, Deborah S. Traffenstedt, Secretary of the Redevelopment Agency of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 2005- 148 was adopted by the Redevelopment Agency of the City of Moorpark at a regular meeting held on the 15th day of June, 2005, and that the same was adopted by the following vote: AYES: Agency Members and Chair Hunter NOES: None ABSENT: None ABSTAIN: None Harper, Mikos, Millhouse, Parvin WITNESS my hand and the official seal of said City this 23rd day of June, 2005. � .l Deborah S. Traffens t, Agency Secretary (seal) nESTABLISHED OF