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HomeMy WebLinkAboutORD 110 1989 0705ORDINANCE NO. I IQ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOORPARK APPROVING AND ADOPTING A REDEVELOPMENT PLAN FOR THE MOORPARK REDEVELOPMENT PROJECT AS THE OFFICIAL REDEVELOPMENT PLAN FOR SAID PROJECT WHEREAS, the Moorpark Redevelopment Agency (the "Agency ") has formulated, prepared and approved a Redevelopment Plan for the Moorpark Redevelopment Project (the "Redevelopment Project ") and has recommended that the City Council of the City of Moorpark approve and adopt said Redevelopment Plan; and WHEREAS, the Planning Commission of the City of Moorpark has submitted its Report and Recommendation on the proposed. Redevelopment Plan finding that the proposed Redevelopment Plan is in conformity with the General Plan of the City of Moorpark 11 has recommended approval of the proposed Redevelopment Plan; Au WHEREAS, the Agency has adopted Rules Governing Participation and Preferences for Property Owners, Operators of Businesses and Tenants within the Project Area; and WHEREAS, the Agency has adopted the State Relocation Guidelines (Title 25 California Administration Code Section 6000 et sect.) as the planned method to be used for the relocation of persons, families and businesses from the Project Area, the payment of relocation benefits and the giving of relocation assistance to such persons, families and businesses; and WHEREAS, the,-Agency has submitted the proposed Redevelopment Plan and its = WHEREAS, a joint public hearing has been fully noticed and held by the Agency and the City Council as required by law, all objections have been heard and passed upon by this City Council, the Agency and Council have received written and oral testimony concerning the proposed Redevelopment Plan and have duly considered all thereof and the proceedings for the adoption of the proposed Redevelopment Plan have been duly conducted and completed as provided by law. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The purposes and intent of this City Council with respect to the Project Area are: (a) To eliminate the conditions of blight existing in the Project Area. (b) To prevent recurrence of blighting conditions within the Project Area. (c) To provide for participation by owners and tenants and reentry preferences to persons engaged in business within the Project Area to participate in the redevelopment of the Project Area; to encourage and ensure the development of the Project Area in the manner set forth in the proposed '-development Plan; and to provide for the relocation of any residents, if any, displaced by the effectuation of the proposed Redevelopment Plan. (d) To improve and construct or provide for the construction of public facilities, roads, and other public improvements and to improve the quality of the environment in the Project Area to the benefit of the Project Area and the general public as a whole. (e) To encourage and foster the economic revitalization of the Project Area by protecting and promoting the sound development and redevelopment of the Project Area and by replanning, redesigning, or developing portions of the Project Area which are stagnant or improperly utilized because of the lack of adequate utilities and because of other causes. (f) To provide housing as required to satisfy the needs and desires of the various age, income and ethnic groups of the community. SECTION 2. The proposed Redevelopment Plan for the Moorpark Redevelopment Project is hereby approved, adopted and designated as the official Redevelopment Plan for the Moorpark Redevelopment Project, and is hereby incorporated herein by reference and made a part hereof as is fully set forth at length herein, three copies of which are hereby directed to be on file with the City Clerk. SECTION 3. The City Council hereby finds and determines that: (a) The Project Area is a blighted area, the redevelopment of which is necessary to effectuate the public purposes declared in the Community Redevelopment Law of the State of California and specifically that the Project Area is characterized by the existence of buildings and structures, used or intended to be used for living, commercial, industrial, or other purposes, or any combination of such uses, which are unfit or unsafe to occupy for such purposes and are conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, and crime because of any one or a combination of the following factors: (1) defective design and character of physical construction; (2) faulty interior arrangement and exterior spacing; (3) high density of population and overcrowding; (4) inadequate provision for ventilation, light, sanitation, open spaces, and recreation facilities; and (5) age, obsolescence, deterioration, dilapidation, mixed character, or shifting of uses; The Project Area is further characterized by properties which suffer from economic dislocation, deterioration, or disuse because of one or more of the following factors: (1) the subdividing and sale of lots of irregular form and shape and inadequate size for proper usefulness and development; (2) the laying out of lots in disregard of the contours and other topography or physical characteristics of the ground and surrounding conditions; (3) the existence of inadequate public improvements, public facilities, open spaces, and utilities which cannot be remedied by private or governmental action without redevelopment; and (4) the prevalence of depreciated values, impaired investments, and social and economic maladjustment. These conditions cause a reduction of, or lack of, proper utilization of the area to such an extent that it constitutes a serious physical, social or economic burden on the community which cannot reasonably be expected to be reversed or alleviated by private enterprise acting alone. (b) The Redevelopment Plan will redevelop the Project Area in conformity with the Community Redevelopment Law of the State of California in the interests of the public peace, health, safety, and welfare. (c) The adoption and carrying out of the Redevelopment Plan is economically sound and feasible. (d) The Redevelopment Plan conforms to the General Plan of the City of Moorpark. (e) The carrying out of the Redevelopment Plan will promote the public peace, health, safety and welfare of the City of Moorpark and will effectuate the purposes and policies of the Community Redevelopment Law of the State of California. (f) The condemnation of real property is necessary to the execution of the Redevelopment Plan and adequate provisions have been made for payment for property to be acquired as provided. (g) The Agency has a feasible method or plan for the relocation of families and persons to be temporarily or permanently displaced from housing facilities in the Project Area. (h) There are or are being provided in the Project Area or in other areas not generally less desirable in regard to public utilities and public and commercial facilities and at rents or prices within the financial means of the families and persons displaced from the Project Area, if any, decent, safe and sanitary dwellings equal in number to the number of and available to such displaced families and persons and reasonably accessible to their places of employment. (i) Inclusion within the Project Area of any lands, buildings or improvements which are not detrimental to the public health, safety or welfare is necessary for the effective redevelopment of the area of which they are a part; and any such area included is necessary for effective redevelopment of the Project Area and is not included for the purpose of obtaining the allocation of tax increment revenues from such area pursuant to Section 33670 of the Community Redevelopment Law without other substantial justification for its inclusion. (j) The elimination of blight and redevelopment of the Project Area cannot be reasonably expected to be accomplished by private enterprise acting alone without the aid and assistance of the Agency. (k) The provision of low- and moderate - income housing outside the Project Area will be of benefit to the Project. (1) The effect of tax increment financing will not cause significant financial burden or detriment on any taxing agency deriving revenues from the Project Area. SECTION 4. In order to implement and facilitate the effectuation of the Redevelopment Plan hereby approved and adopted, it is found and determined that certain official actions must be taken by the City Council with reference, among other things, to changes in zoning, the vacating and removal of some streets, alleys, and other public ways, the establishment of new street patterns, the location and relocation of sewer and water mains and other public facilities, and other public action, and accordingly, the City Council hereby: (a) Declares its intention to undertake and complete any proceedings necessary to be carried out by the City of Moorpark ` under the provisions of the Redevelopment Plan. (b) Requests the various officials, departments, boards, commissions, and agencies of the City of Moorpark having administrative responsibilities with respect to the Project likewise to cooperate to such end and to exercise their respective functions and powers in a manner consistent with the Redevelopment Plan. SECTION 5. The City Council is satisfied that permanent housing facilities will be available within three (3) years from the time occupants of the Project Area are displaced, if any, and that pending the development of such facilities there will r- available to such displaced occupants adequate temporary _)using facilities at rents comparable to those in the City of Moorpark at the time of their displacement. No persons or families of low- and moderate - income shall be displaced from residences unless and until there is a suitable housing unit available and ready for occupancy by such displaced person or family at rents comparable to those at the time of their displacement. Such housing units shall be suitable to the needs of such displaced persons or families and must be decent, safe, sanitary and otherwise standard dwellings. The Agency shall not displace such person or family until such housing units are available and ready for occupancy. SECTION 6. If any part of this Ordinance or the Redevelopment Plan which it approves is held to be invalid for any reason, such decision shall not affect the validity of the remaining portion of this Ordinance or of the Redevelopment Plan, and this City Council hereby declares that it would have passed the remainder of this Ordinance or approved the remainder of the Redevelopment Plan if such invalid portion thereof had been deleted. SECTION 7. The City Clerk is hereby directed to send a certified copy of this Ordinance to the Agency, and the Agency is hereby vested with the responsibility for carrying out the Redevelopment Plan, subject to the provisions of the Moorpark Redevelopment Project. SECTION 8. The City Clerk is hereby directed to record within thirty (30) days from the adoption of this Ordinance with the County Recorder of the County of Ventura a description of the land within the Project Area and a statement that the proceedings for the redevelopment of the Project Area have been instituted under the California Community Redevelopment Law. The Agency is hereby directed to effectuate recordation in compliance with the provisions of Section 27295 of the Government Code to the extent applicable. SECTION 9. The Building Official of the City of Moorpark is hereby directed for a period of two (2) years after the effective date of this Ordinance to advise all applicants for building permits within the Project Area that the site for which a building permit is sought for the construction of buildings or Lor other improvements is within a Redevelopment Project Area. SECTION 10. The City Clerk is hereby directed to transmit a copy of the description and statement recorded by the City Clerk pursuant to Section 8 of this Ordinance, a copy of this Ordinance, and a map of plat indicating the boundaries of the Project Area to the Auditor and Tax Assessor of Ventura County, to the governing body of each of the taxing agencies which levies taxes upon any property in the Project Area and to the State Board of Equalization. SECTION 11. The City Clerk shall certify to the passage of this Ordinance and cause a copy thereof to be published as required by -raw in a newspaper of general circulation in the City of Moorpark, and this Ordinance shall take force and effect after its passage in the manner provided by law. PASSED, APPROVED AND ADOPTED THIS q, th DAY OF JULY , 1989. ATTEST: Mayor ELOISE BROWN Mayor BERNARDO M. PEREZ Mayor Pro Tern CLINT HARPER, Ph. D. Councilmember PAUL LAWRASON Councilmember SCOTT MONTGOMERY Councilmember RICHARD T. HARE City Treasurer MOORPARK STATE OF CALIFORNIA ) COUNTY -OF VENTURA ) SS. CITY OF MOORPARK ) STEVEN KUENY City Manager CHERYL J. KANE City Attorney PATRICK RICHARDS, A.I.C.P. Director of Community Development R. DENNIS DELZEIT City Engineer JOHN V. GILLESPIE Chief of Police I, Lillian E. Kellerman, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Ordinance No. 110 was adopted by the City Council of the City of Moorpark at a meeting held on the 5th - day of July _ _ , 19C9, and that the same was adopted by the following vote: AYES: Councilmembers Harper, Lawrason, Montgomery, Perez and Mayor Browl NOES: None. ABSENT: None. ABSTAIN: None. WITNESS my hand and the official seal of said City this 6th day of July , 1989. `Lillian E. Kellerman 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864