Mission Viejo Municipal Code Ch. 2.70 Community Development Agency

Footnotes:

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Editor's note— Ord. No. 98-193, adopted Oct. 19, 1998, redesignated former §§ 9.08.010—9.08.050 to §§ 2.70.010—2.70.050 as herein set out. The provisions of former §§ 9.08.010—9.08.010 derived from §§ 1(7-12-100—7-12-104) of Ord. No. 91-61, adopted Jan. 28, 1991.

Pursuant to Health and Safety Code § 33100, there exists in the city a separate public body, corporate politic, known as the Community Development Agency of the City of Mission Viejo. The community development agency is hereby activated and is authorized to function within the city and transact business and exercise all powers which may be performed or exercised by a redevelopment agency under the provisions of the state constitution and community redevelopment law of the state (Health and Safety Code § 33000 et seq.).

(Ord. No. 98-193, § 5, 10-19-98)

The city council shall be the city's community development agency and all of the rights, powers, duties, privileges, and immunities vested in a redevelopment agency under the community redevelopment law shall be vested in the city council.

(Ord. No. 98-193, § 5, 10-19-98)

(a) Policies and goals. It is the desire and intent of the city council to promote sound growth, development, and redevelopment within the city through:

(1) Correction and/or elimination of substandard, unsanitary, blighted, and deteriorating buildings, structures, and conditions within the city.

(2) The clearance, reconstruction, rehabilitation, restoration, and conservation with proper planning of those areas of the city where such activity is necessary or desirable.

(3) Encouraging and undertaking public and private improvement programs beneficial to the city and its residents.

(b) Specific findings. The council finds:

(1) In order to achieve the policies and goals described in this section, it is necessary and the public interest, convenience, and necessity require the community development agency to be activated and to function within the city.

(2) Declaring the council to be the city's community development agency will serve the public interest and promote the public safety and welfare of the city in an effective manner.

(Ord. No. 98-193, § 5, 10-19-98)

The mayor shall serve as chairperson of the community development agency. The mayor pro tempore shall serve as the vice-chairperson of the community development agency. The city manager shall serve as the executive director of the community development agency. The city clerk shall serve as secretary to the community development agency. The city attorney shall serve as general counsel of the community development agency. The director of administrative services shall serve as treasurer of the community development agency. Such officials shall have the duties and powers as specified in the community redevelopment law and as may be assigned or delegated to them by resolution of the community development agency.

(Ord. No. 98-193, § 5, 10-19-98)

The adoption of this chapter, without the performance of subsequent discretionary acts of the city council and/or the community development agency which have not yet been planned, identified, formulated, or defined will not have any effect on the environment within the scope of the California Environmental Quality Act (Public Resources Code § 21000 et seq.). In addition, the adoption of this chapter constitutes the reorganization of local governmental agencies and is therefore exempt from the provisions of the California Environmental Quality Act pursuant to § 15320 of Title 14 of the California Administrative Code.

(Ord. No. 98-193, § 5, 10-19-98)

CDA lacks power of eminent domain. The CDA's program for the acquisition of real property by eminent domain, with respect to the Mission Viejo Community Development Project, is hereby described as follows:

(a) The power of eminent domain ended and expired as of July 13, 2004; and

(b) If and to the extent the CDA and city council ever desire, if at all, to consider reinstatement of the power of eminent domain in the community development plan, the CDA and city shall follow the requirements of the CRL to consider and take action on reinstituting the power of eminent domain pursuant to legal requirements and in compliance with the terms and limitations, if any, set forth in the community development plan.

CRL section 33342.7 and no amendment of plan. Except as expressly set forth herein, no amendment to the community development plan and no change to or limit upon the authority of the city or CDA is effected by this section, including, without limitation, the CDA's authority to acquire property by means other than the exercise of eminent domain, which power has expired.

(Ord. No. 07-255, §§ 2, 3, 7-2-07)

(1) Time limit eliminated. The time limit of July 13, 2012, to incur debt set forth in the community development plan and the implementation thereof is hereby eliminated.

(2) Incur obligations while plan is effective. Agency is hereby authorized to incur indebtedness and any other obligations with respect to the community development plan in accordance with all remaining provisions of such community development plan at any time during which the community development plan is effective.

(3) No other amendment. Except with respect to the amendment set forth herein, the community development plan is and shall remain unchanged and in full force and effect in accordance with its terms.

(4) Notice of exemption. The city clerk is hereby authorized and directed to file a notice of exemption with the County of Orange pursuant to CEQA Guidelines, section 15094.

(Ord. No. 07-257, §§ 1—3, 9-4-07)