HomeMy WebLinkAboutORD 202 1994 1214ORDINANCE NO. 202
AN ORDINANCE OF THE CITY OF MOORPARK AMENDING THE
REDEVELOPMENT PLAN FOR THE MOORPARK REDEVELOPMENT PROJECT
IN ACCORDANCE WITH HEALTH AND SAFETY CODE SECTION 33333.6
WHEREAS, the Moorpark Redevelopment Agency (the "Agency ") is
a public body, corporate and politic, organized and existing under
the Redevelopment Law of the State of California (Part 1 of
Division 24 of the Health and Safety Code of the State of
California); and
WHEREAS, by enacting Ordinance No. 110 adopted on July 5,
1989, the City Council of the City of Moorpark adopted the Moorpark
Redevelopment Plan for the Moorpark Redevelopment Project (the
"Plan "); and
WHEREAS, Assembly Bill 1290, which was enacted by the State of
California and became Law, as Health and Safety Code Section 33000
et seq. , the "CCRL"; unless otherwise expressly set forth or unless
the context otherwise requires, all references to "Section" are
Section(s) of the CCRL and required, in part, that redevelopment
agencies impose new time limitations upon redevelopment plans
adopted prior to December 31, 1993, and further required that
legislative bodies of redevelopment agencies enact ordinances
amending redevelopment plans adopted prior to January 1, 1994, to
comply therewith; and
WHEREAS, CCRL Section 33333.6(a)(1) provides: "The time limit
on the establishing of loans, advances, and indebtedness adopted
pursuant to paragraph (2) of subdivision (a) of Section 33333.2 or
paragraph (2) of subdivision (a) of Section 33333.4 shall not
exceed 20 years from the adoption of the redevelopment plan or
January 1, 2004, whichever is later. This limit, however, shall
not prevent agencies from incurring debt to be paid from the low
and moderate income housing fund or establishing more debt in order
to fulfill the agency's housing obligations under Section 33413.11;
and
WHEREAS, CCRL Section 33333.6(a)(2) provides: "The time
limitation by this subdivision may be extended, only by amendment
of the redevelopment plan, after the agency finds, based on
substantial evidence that: (A) significant blight remains within
the project area; and (B) this blight cannot be eliminated without
the establishment of additional debt. However, this amended time
limitation may not exceed 10 years from the time limit established
pursuant to this subdivision or the time limit on the effectiveness
of the plan established pursuant t= subdivision (b), whichever is
earlier. "; and
WHEREAS, CCRL Section 33333.6(b) provides: "The effectiveness
of every redevelopment plan to which this section applies shall
terminate at a date which shall not exceed 40 years from the
adoption of the redevelopment plan or January 1, 2009, whichever is
later. After the time limit on the effectiveness of the
redevelopment plan, the agency shall have no authority to act
pursuant to the redevelopment plan except to pay previously
incurred indebtedness and to enforce existing covenants, contracts,
or other obligations. "; and
WHEREAS, CCRL Section 33333.6(c) provides: "Except as provided
in subdivisions (g) and (h), a redevelopment agency shall not pay
indebtedness or receive property taxes pursuant to Section 33670
after 10 years from the termination of the effectiveness of the
redevelopment plan to subdivision (b) "; and
WHEREAS, CCRL Section 33333.6(e)(1) provides: "Unless a
redevelopment plan adopted prior to January 1, 1994, contains all
of the limitations required by this section and each of these
limitations does not exceed the applicable time limits established
by this section, the legislative body, acting by ordinance on or
before December 31, 1994, shall amend every redevelopment plan
adopted on or before December 31, 1993, either to amend an existing
time limit that exceeds the applicable time limit established by
this section or to establish time limits that do not exceed the
provisions of subdivision (a), (b), or (c);" and
WHEREAS, CCRL Section 33333.6(e)(2) provides: "The limitations
established in the ordinance adopted pursuant to this section shall
apply to the redevelopment plan as if the redevelopment plan had
been amended to include those limitations. However, in adopting
the ordinance required by this section, neither the legislative
body nor the agency is required to comply with Article 12
(commencing with section 33450) or any other provision of this part
relating to the amendment of redevelopment plans;" and
WHEREAS, CCRL Section 33333.6(f)(1) provides: "If a
redevelopment plan adopted prior to January 1, 1994, contains one
or more limitations required by this section, and the limitation
does not exceed the applicable time limit required by this section,
this section shall not be construed to require an amendment of this
limitation;" and
WHEREAS, CCRL Section 33333.6(6 (2) provides: "A redevelopment
plan adopted prior to January 1, 1994, that has a limitation
shorter than the terms provided in this section may be amended to
extend the limitation, within the applicable time limit established
by this section, pursuant to Section 33354.6;" and
FA
--Is
WHEREAS, CCRL Section 33333.6(g) provides: "The limitations
established in the ordinance adopted pursuant to this section shall
not be applied to limit allocation of taxes to any agency to the
extent required to eliminate project deficits created under
subdivision (e) of Section 33320.5, subdivision (g) of Section
33334.6, or subdivision (d) of Section 33487, in accordance with
the plan adopted pursuant thereof for the purpose of eliminating
the deficits or to implement a replacement housing program pursuant
to Section 33413. In the event of a conflict between these
limitations and the obligations under Section 33334.6 or to
implement a replacement housing program pursuant to Section 33413,
the legislative body shall amend the ordinance adopted pursuant to
this section to modify the limitations to the extent necessary to
permit compliance with the plan adopted pursuant to subdivision (g)
of Section 33334.6 and to allow full expenditure of moneys in the
Agency's Low and Moderate Income Housing Fund in accordance with
Section 33334.3 or to permit implementation of the replacement
housing program pursuant to Section 33413. The procedure for
amending the ordinance pursuant to this subdivision shall be the
same as for adopting the ordinance under subdivision (e)."; and
WHEREAS, CCRL Section 33333.6(h) provides: "This section shall
not be construed to affect the validity of any bond, indebtedness,
or other obligation, including any mitigation agreement entered
into pursuant to Section 33401, authorized by the legislative body,
or the agency pursuant to this part, prior to January 1, 1994. Nor
shall this section be construed to affect the right of an agency to
receive property taxes, pursuant to Section 33670, to pay the
indebtedness or other obligation. "; and
WHEREAS, CCRL Section 33333.6(i) provides: "A redevelopment
agency shall not pay indebtedness or receive property taxes
pursuant to Section 33670, with respect to a redevelopment plan
adopted prior to January 1, 1994, after the date identified in
subdivision (c) or the date identified in the redevelopment plan,
whichever is earlier, except as provided in paragraph (2) of
subdivision (f) or in subdivision (h) "; and
WHEREAS, CCRL Section 33333.6(j) provides: "The legislature
finds and declares that the amendments made to this section by the
act that adds this subdivision are intended to add limitations to
the law on and after January 1, 1994, and are not intended to
change or express legislative intent with respect to the law prior
to that date. It is not the intent of the legislature to affect
the merits of any litigation regarding the ability of a
redevelopment agency to sell bonds for a term that exceeds the
limit of a redevelopment plan pursuant to law that existed prior to
January 1, 1994 "; and
WHEREAS, CCRL the Plan as previously adopted by the Agency,
currently contains certain time limitations which may not accord
with those time limitations required by CCRL Section 33333.6; and
WHEREAS, the City of Moorpark (the "City ") is adopting this
ordinance to amend certain time limitations of the Plan, as more
particularly provided below, to comply with the time limitations
pursuant to Section 33333.6.
NOW, THEREFORE, the City Council of the City of Moorpark does
ordain as follows:
Section 1. Except to the extent a longer period of time
may be allowed pursuant to CCRL Section 33333.6 or other provisions
of the CCRL as it exists now or may be amended, the time limitation
to incur indebtedness under the Redevelopment Plan (Plan) is
amended from twenty -five years from the date of adoption (July
2014) to twenty years from the date of adoption (July 2009). To
the extent of a conflict this section shall take precedence over
Section 602 of the plan.
Section 2. Except to the extent a longer period of time
may be allowed pursuant to CCRL Section 33333.6 or other provisions
of the CCRL as it exists now or may be amended, the date at which
the effectiveness of the Plan shall terminate is amended from
forty -five years from the date of adoption (July, 2034) to forty
years from the date of adoption (July, 2029). To the extent of a
conflict this section shall take precedence over Section 900 of the
Plan.
Section 3. The time limitation to pay indebtedness or
receive property taxes to pay debt under the Plan is ten years from
the date of termination of the Plan except to the extent a longer
period of time may be allowed pursuant to Section 33333.6 or other
provisions of the CCRL as it exists now or may be amended.
Section 4. No action with respect to the time limitation
set forth in CCRL Section 33333.6(a') (2) is being taken at this time
but the right to consider extension of the time limitation in the
future as conditions within the project Area warrant is being
reserved.
Section 5. The City Council finds and determines
amendments to the Plan as adopted by this Ordinance are in
compliance with the time limitations set forth in 33333.6.
Section 6. The Plan shall remain in full force and effect,
unmodified except to the extent Df those particular amendments
expressly set forth in this Ordinance.
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Section 7. The City Clerk is hereby authorized and
directed to certify to the passage of the Ordinance and to cause
the same to be published in a newspaper of general circulation
which is published and circulated in the City of Moorpark.
Section 8. This Ordinance shall be in full force and
effect thirty (30) days after passage.
PASSED AND ADOPTED a regu ar meeting of said City Council
held the day of 1994.
ATTEST:
Lillian Hare c
City Clerk
City of Moorpark
SGM159- 11/08/94
By
Paul La son Jr., A or
City of Moorpark
5
MOORPARK
799 Moorpark Avenue Moorpark, California 93021 (805) 529.6864
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss.
CITY OF MOORPARK )
I, Lillian E. Hare, City Clerk of the City of Moorpark,
California, do hereby certify under penalty of perjury that
the foregoing Ordinance No. 02 was adopted by the
City Council of the City of Moorpark at a meeting held on
the 14th day of DECEMBE}:_ , 1994, and that
the same was adopted by the following vote:
AYES: COUNCILMEMBERS HUNTER, '-10NTGOMERY, WOZNIAK AND MAYOR LAWRASON
NOES: NONE
ABSENT: COUNCILMEMBER PEREZ
ABSTAIN : NONE
WITNESS my hand and the official seal of said City
this 15th day of DECEM]lEE 1994.
Lillian E. Hare
City Clerk
PAUL W. LAWRASON JR. PATRICK HUNTER SCOTT MONTGOMERY BERNARDO M. PEREZ .JOHN E. WOZNIAK
Mayor Mayor Pro Tem Councomember Councilmember Concilmember
PI,Wed On Recyoea °a;e