HomeMy WebLinkAboutORD 111 1989 0705ORDINANCE NO. 111
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF MOORPARK APPROVING AND ADOPTING
THE FIRST AMENDMENT TO THE MOORPARK
REDEVELOPMENT PLAN WHICH PROHIBITS THE
USE OF EMINENT DOMAIN FOR CERTAIN
RESIDENTIAL PROPERTY WITHIN THE PROJECT
AREA AND SUBMITTING SAID AMENDMENT TO THE
VOTERS
THE CITY COUNCIL OF THE CITY OF MOORPARK DOES
ORDAIN AS FOLLOWS:
SECTION 1. The City Council of the City of
Moorpark finds, determines and declares that:
A. On July 5, 1989 the City Council of the
City of Moorpark adopted Ordinance No. 110
approving and adopting the Moorpark Redevelopment
Plan. The Plan in Section 403 authorizes the use
of eminent domain to acquire property for
redevelopment purposes but specifically prohibits
the use of eminent domain to acquire 1) property
zoned residential and 2) 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, so long as that
owner occupied the residence.
B. The Council intends by this Ordinance to
amend the Plan to reenact the restrictions on
eminent domain in order to submit this specific
portion of the Plan to the voters for their
approval.
C. This amendment was considered by the
Council and the Agency Board as well as the taxing
agencies and the public during the proceedings and
public hearings held for adoption of the Plan and,
further, this Ordinance was adopted concurrently
with the adoption of the Plan.
D. The findings set forth in Ordinance No.
110 of the City Council approving the Plan and
Resolution Nos. 89 -575 and 89 -577 of the City
Council approving and certifying the EIR and
adopting written findings in response to written
objections are incorporated herein as though set
forth in full and are hereby readopted. Said
.. findings remain valid given that this amendment is
being adopted concurrently with the Plan and the
terms of this amendment are same as those contained
in the Plan as adopted.
SECTION 2. Section 403 of the Moorpark
Redevelopment Plan is hereby amended by 'adding the following
language to the end of the first paragraph of the section:
"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 (which
date shall be June 28, 1989) is
excluded from eminent domain for so
long as that owner occupies the
residence."
SECTION 3. This Ordinance shall not become
effective unless and until it is approved by a majority of
the voters voting on the issue at an election called by the
Council and the amendment to the Redevelopment Plan approved
herein shall not be repealed or modified unless approved by
a majority of the voters voting on the issue at an election
called by the Council. This amendment does not provide for
nor modify the provisions of the Plan relating to tax
increment financing pursuant to Health and Safety Code
Section 33670 nor does this amendment expand a project area
subject to such tax increment financing. Therefore, the
provisions of Health and Safety Code Section 33378 are not
applicable to the election call by the Council pursuant to
this Section.
SECTION 4. The City Clerk shall certify the
adoption of this Ordinance and cause the same to be
published in the manner required by law.
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ATTEST:
PASSED AND APPROVED this 5th day of Jul
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF Moorpark )
MA OR
I, Lillian Kellerman , City Clerk of the City of
Moorpark do hereby certify that the foregoing Ordinance
No. 111 was regularly introduced and placed upon its
first reading at a regular meeting of the City Council on
the day of , 19 That thereafter,
said Ordinance was duly adopted and passed at a regular
meeting of the City Council on the 5th day of
July , 1989 , by the following vote, to wit:
AYES: COUNCILMEMBERS: Harper, Lawrason, Montgomery, Perez and Mayor Browr
NOES: COUNCILMEMBERS: None.
ABSENT: COUNCILMEMBERS: None.
CITY �CLER
APPROVED AS TO FORM:
/CIT, ATTOR j EY
7
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:400RPARIC
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
STATE OF CALIFORNIA )
COUNTY OF VENTURA )
CITY OF MOORPARK )
SS.
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. 111 was adopted by the City Council of
the City of Moorpark at a meeting held on the 5th day of
July , 1989, and that the same was adopted by the
following vote:
AYES: Councilmembers Harper, Lawrason, Montgomery, Perez and Mayor Brown
NOES: None.
ABSENT: None.
ABSTAIN: None.
WITNESS my hand and the official seal of said City this 6th day
of July , 1989.
799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864