HomeMy WebLinkAboutAGENDA REPORT 2001 1117 CC SPC ITEM 04FFROM:
DATE:
MOORPARK CITY COUNCIL
AGENDA REPORT
Honorable City Council
ITEM `f' r
of
Hugh R. Riley, Assistant City Manager
November 9, 2001 (Special City Council Meeting of
11/13/01)
SUBJECT: Consider Placing before the Voters of Moorpark Ordinance
No. 275 (the "Ordinance ") Repealing Ordinance No. 111
That Amended the Moorpark Redevelopment Plan restricting
the use of Eminent Domain for Residential Properties In
the Project Area.
BACKGROUND
The Redevelopment Plan for the Moorpark Redevelopment Project(the
"Plan ")was approved and adopted by the City of Moorpark City
Council (the "City Council ") on July 5, 1989, by Ordinance No. 110.
The City Council adopted and the voters of Moorpark approved
Ordinance 111 on July 19, 1989 restricting the use of eminent
domain by the Redevelopment Agency (the "Agency ") to acquire
residential property.
DISCUSSION
Over the years it has become evident that absent the powers of
eminent domain, the Agency is unable to accomplish the goals set
out in the Plan to eliminate blight and to provide affordable
housing to low and moderate income residents of the Project Area.
It therefore becomes necessary to adopt a second amendment to the
Plan. The purpose of the second amendment to the Plan ( "Amendment
No. 211) is to reinstate the Agency's authority to use eminent
domain in the Project Area. Staff proposes that within the Plan,
the unrestricted eminent domain authority be established for the
maximum 12 -year period.
This authority could be used to acquire properties within the
Project Area including those on which persons reside. Under the
California Community Redevelopment Law ([CCRL], Health and Safety
Code Section 33000, et seq.) Section 33342, "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.
Honorable City Council
November 13, 2001
Page 2
By reinstating eminent domain authority within the Plan, staff
believes that the Agency will be able to more effectively continue
to "eliminate and prevent the spread of blight in the Project Area"
through implementation of the Agency's four goals. These goals
include 1) to preserve and enhance the economic prosperity of the
overall community and aid business development and retention; 2) to
develop an implementation strategy for Downtown revitalization; 3)
to promote adequate infrastructure for business development; and 4)
to promote affordable housing and residential support programs and
services.
Prior to considering an Amendment to the Plan to reinstate eminent
domain authority for the Agency, the City Council should seek the
approval of the voters to do so. Therefore, staff recommends the
City Council adopt the necessary, Resolutions to place the ordinance
before the voters. The resolutions are summarized as follows:
1. Calling and giving notice of the holding of a Special Municipal
Election on Tuesday, March 5, 2002 for the submission of the
ordinance to the qualified voters and requesting the Board of
Supervisors of Ventura County to consolidate said election with the
2002 Primary Election.
2. Requesting the Board of Supervisors of Ventura County to permit
the County Clerk to render services to the City of Moorpark for the
Special Election.
3. Setting priorities for filing a written argument regarding a
City measure and directing the City Attorney to prepare an
impartial analysis.
4. Providing for the filing of rebuttal arguments for City measures
submitted at municipal elections.
In addition the City Council must make a finding that the proposed
ballot measure is exempt from CEQA in that there is no reasonable
expectation that the ordinance will have an impact on the
environment in that the measure simply removes the requirement for
a vote of the people to amend the Redevelopment Plan. Any actual
amendment of the Plan will still have to comply with CEQA and all
applicable provisions of the Health and Safety Code.
Honorable City Council
November 13, 2001
Page 3
STAFF RECOMMENDATION
Staff recommends that the City Council:
1) Determine that the proposed ballot measure for Ordinance No. 275
is exempt from CEQA.
2) Adopt Resolution No. 2001- Calling and giving notice of the
holding of a Special Municipal Election on Tuesday, March 5, 2002
3) Adopt Resolution No. 2001- Requesting the Board of
Supervisors of Ventura County to permit the County Clerk to render
services to the City of Moorpark for the Special Election.
4) Adopt Resolution No. 2001- , Setting priorities for filing
a written argument regarding a City measure and directing the City
Attorney to prepare an impartial analysis.
5) Adopt Resolution No. , Providing for the filing of rebuttal
arguments for City measures submitted at municipal elections.
6) Direct the City Clerk to place the proposed measure on the March
5, 2002 ballot
Attachments:
Resolution No. 2001- (Includes Ordinance No. 275)
Resolution No. 2001 -
Resolution No. 2001 -
Resolution No. 2001-
�-r 4_S 0 '• _. .
9-
RESOLUTION NO. 2001-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, CALLING AND GIVING NOTICE OF
THE HOLDING OF A SPECIAL MUNICIPAL ELECTION TO BE
HELD ON TUESDAY, MARCH 5, 2002, FOR THE SUBMISSION
OF AN ORDINANCE TO THE QUALIFIED VOTERS; AND
REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY
OF VENTURA TO CONSOLIDATE SAID MUNICIPAL ELECTION
WITH THE 2002 PRIMARY ELECTION ON SAID DATE,
PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That pursuant to the requirements of the laws
of the State of California relating to General Law Cities, there is
called and ordered to be held in the City of Moorpark, California,
on Tuesday, March 5, 2002, a Special Municipal Election for the
purpose of submitting the following ordinance to the voters:
Shall Ordinance No. 275 be
adopted, repealing Ordinance No.
Yes
111, which imposed a requirement
that a vote of the people be held
prior to acquisition of
No
residential property by eminent
domain?
SECTION 2. That the text of the ordinance to be submitted to
the voters is attached as Exhibit A.
SECTION 3. That the ballots to be used at the election shall
be in form and content as required by law.
SECTION 4. That the polls for the election shall be open at
seven o'clock a.m. of the day of the election and shall remain open
continuously from that time until eight o'clock p.m. of the same
day, when the polls shall be closed, except as provided in Section
14401 of the Elections Code of the State of California.
SECTION 5. That in all particulars not recited in this
Resolution, the election shall be held and conducted as provided by
law for holding municipal elections.
f `:'?4.
Resolution No. 2001 -
Page 2
SECTION 6. That notice of the time and place of holding the
election is given and the City Clerk is authorized, instructed and
directed to give such further or additional notice of the election,
in time, form, and manner required by law.
SECTION 7. That the City Clerk of the City of Moorpark is
hereby directed to file a certified copy of this Resolution with
the Board of Supervisors and the County Clerk of the County of
Ventura.
SECTION 8. The City Clerk shall certify to the adoption of
this resolution and shall cause a certified resolution to be filed
in the book of original resolutions.
PASSED AND ADOPTED this 13th day of November, 2001.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt, City Clerk
Exhibit A: Ordinance No. 275, an Ordinance Repealing Ordinance
No. 111, Pertaining to the Eminent Domain Authority
of the Moorpark Redevelopment Agency
Resolution No. 2001 -
Page 3
ORDINANCE NO. 275
AN ORDINANCE OF THE PEOPLE OF THE CITY OF
MOORPARK, CALIFORNIA, REPEALING ORDINANCE NO.
111, PERTAINING TO THE EMINENT DOMAIN AUTHORITY
OF THE MOORPARK REDEVELOPMENT AGENCY
THE PEOPLE OF THE CITY OF MOORPARK DO ORDAIN AS FOLLOWS:
SECTION 1. Moorpark City Ordinance No. 111, which imposed a
requirement that a vote of the people be held prior to amending the
Moorpark Redevelopment Plan to allow acquisition of residential
property by eminent domain, is hereby repealed in its entirety.
SECTION 2. If any section, subsection, sentence, clause,
phrase, part or portion of this Ordinance is for any reason held to
be invalid or unconstitutional by any court of competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The People of the City of
Moorpark declare that it would have adopted this Ordinance and each
section, subsection, sentence, clause, phrase, part or portion
thereof, irrespective of the fact that any one or more section,
subsections, sentences, clauses, phrases, parts or portions be
declared invalid or unconstitutional.
SECTION 3. The City Clerk shall certify to the adoption of
this ordinance and shall enter the same in the book of original
ordinances of said City. Pursuant to Elections Code Section 9217,
this Ordinance shall be considered as adopted upon the date that the
vote is declared by the City council, and shall go into effect ten
(10) days after that date.
ADOPTED by the People of the City of Moorpark this day of
March, 2002.
RESOLUTION NO. 2001-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF MOORPARK, CALIFORNIA, REQUESTING THE BOARD
OF SUPERVISORS OF VENTURA COUNTY TO PERMIT THE
COUNTY CLERK TO RENDER SERVICES TO THE CITY OF
MOORPARK FOR THE SPECIAL MUNICIPAL ELECTION TO
BE HELD ON MARCH 5, 2002, AND TO CANVASS THE
RETURNS OF THE SPECIAL MUNICIPAL ELECTION.
WHEREAS, a Special Municipal Election is to be held in the
City of Moorpark, California, on March 5, 2002, for the submission
of an ordinance to the qualified voters; and
WHEREAS, pursuant to Section 10002 of the Elections Code, the
City of Moorpark wishes to have the County Clerk of Ventura County
render specified services to the City relating to the conduct of
the election; and
WHEREAS, the City of Moorpark authorizes the Board of
Supervisors of Ventura County to direct the County Clerk to canvass
the election returns of the Special Municipal Election to be held
in the City of Moorpark on March 5, 2002.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That pursuant to the Elections Code, the Board of
Supervisors is requested to permit the County Clerk to render
services with respect to the conduct of the Special Municipal
Election, as shown on Exhibit A, attached hereto and made a part
hereof; and that any and all other such services be rendered as may
be necessary to complete the election.
SECTION 2. That the County Clerk of said County is hereby
authorized to canvass the returns of said Special Municipal
Election.
SECTION 3. That the City of Moorpark recognizes that
additional costs will be incurred by the County by reason of these
services being rendered, and agrees to reimburse the County for any
such costs.
SECTION 4. That the City Clerk of the City of Moorpark is
hereby directed to file a certified copy of this Resolution with
the Board of Supervisors of the County of Ventura.
Resolution No. 2001 -
Page 2
SECTION 5. The City Clerk shall certify to the adoption of
this resolution and shall cause a certified resolution to be filed
in the book of original resolutions.
PASSED AND ADOPTED this 13th day of November, 2001.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt, City Clerk
Attachment: Exhibit A - Services Requested
Resolution No. 2001 -
Page 3
EXHIBIT A
REQUEST FOR SPECIFIED ELECTION SERVICES
TO: RICHARD D. DEAN, County Clerk
FROM: CITY OF MOORPARK
DEBORAH S. TRAFFENSTEDT, City Clerk
ELECTION: SPECIAL MUNICIPAL DATE: MARCH 5, 2001
HOURS: The polls will be open from 7 a.m. to 8 p.m.
ITEM #1 PUBLICATIONS
X A. County Elections Official is requested to publish:
Notice of Election (including measure information,
if applicable), Offices, Nominees, Elections
Officers and Polling Places.
B. City will publish above.
ITEM #2 CANDIDATE FORMS
NA County Elections Official will furnish one master set
for xeroxing.
ITEM #3 CANDIDATE FILING
NA County Elections Official will check nomination
petition signatures.
ITEM #4 CANDIDATE STATEMENT
NA A. Maximum number of words permitted for the
Candidate's Statement will be 200 words.
(200 to 400)
NA B. City to be billed for pro rata cost of handling
and printing Candidate Statements. Pursuant to
Elections Code Section 10002, City agrees to
reimburse county Elections Official in full for
Resolution No. 2001 -
Page 4
the services performed upon presentation of a
bill.
ITEM #5 CAMPAIGNING EXPENDITURE MATERIAL
NA County Elections Official will furnish one master set
for xeroxing.
ITEM #6 STATEMENT OF ECONOMIC INTERESTS
NA County Elections Official will furnish one master set for
xeroxing.
ITEM #7 CANDIDATE CERTIFICATES /OATH OF OFFICE
NA A. County Elections Official is requested to furnish
Certificates /Oaths of Office.
1. Blank forms only. Number requested
2. Forms filled in appropriately. Number
requested
NA B. City will furnish Certificates /Oaths of Office.
ITEM #8 DIRECT /REBUTTAL ARGUMENTS
X County Elections Official will furnish all argument
information, e.g., deadline dates, maximum number of
words, Form 9600, format, etc.
ITEM #9 TRANSLATIONS
X Elections Official will arrange for all translations
pursuant to Elections Code Section 13307.
ITEM #10 PRINTING
X Elections Official will arrange for all printing of
Candidates' Statements and arguments /analyses.
ITEM #11 ABSENTEE BALLOTS
X Elections Official will handle all absentee ballots,
including the checking of applications and ballot
Resolution No. 2001 -
Page 5
mailing. Applications and envelopes will be provided to
City Clerks.
ITEM #12 POLLING PLACES /PRECINTS
X County Elections Official will determine the number of
polling places.
ITEM #13 ELECTION DAY VOTER INFORMATION
W
X
Microfiche of registered voters and polling
places.
B. Hard copy of registered voters and polling
places.
ITEM #14 ELECTION NIGHT RESULTS
A. CRT
X B. Phone
X C. FAX
The undersigned requests the above election services to be
performed by the County Elections Official, and pursuant to
Elections Code Section 10002, agrees to reimburse the County in
full for services requested upon presentation of a bill.
Signed:
Title:
City:
Citv Clerk
Moorpark
Date: November 14, 2001
RESOLUTION NO. 2001-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF MOORPARK, CALIFORNIA, SETTING PRIORITIES
FOR FILING A WRITTEN ARGUMENT REGARDING A CITY
MEASURE AND DIRECTING THE CITY ATTORNEY TO
PREPARE AN IMPARTIAL ANALYSIS.
WHEREAS, a Special Municipal Election is to be held in the
City of Moorpark, California, on March 5, 2002, at which there will
be submitted to the voters the following measure:
Shall Ordinance No. 275 be adopted, repealing Ordinance
No. 111, which imposed a requirement that a vote of the
people be held prior to acquisition of residential
property by eminent domain?
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That the City Council authorizes members of the
City Council to file a written argument in favor of the measure
listed above, in accordance with the Elections Code of the State of
California, and to change the argument until and including the date
fixed by the City Clerk after which no arguments for or against the
City measure may be submitted to the City Clerk.
SECTION 2. That the City Council directs the City Clerk to
transmit a copy of the measure to the City Attorney and the City
Attorney shall prepare an impartial analysis of the measure showing
the effect of the measure on the existing law and the operation of
the measure, with said impartial analysis being filed by the date
set by the City Clerk for the filing of primary arguments.
SECTION 3. That the City Clerk shall certify to the passage
and adoption of this Resolution and shall enter it into the book of
original resolutions.
PASSED AND ADOPTED this 13th day of November, 2001.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt, City Clerk
RESOLUTION NO. 2001-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, PROVIDING FOR THE FILING
OF REBUTTAL ARGUMENTS FOR CITY MEASURES
SUBMITTED AT MUNICIPAL ELECTIONS
WHEREAS, Sections 9220 and 9285 of the Elections Code of the
State of California authorize the City Council, by majority vote,
to adopt provisions to provide for the filing of rebuttal arguments
for city measures submitted at municipal elections;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That pursuant to Sections 9220 and 9285 of the
Elections Code of the State of California, when the Clerk has
selected the arguments for and against the measure which will be
printed and distributed to the voters, the Clerk shall send copies
of the argument in favor of the measure to the authors of the
argument against, and copies of the argument against to the authors
of the argument in favor. The authors may prepare and submit
rebuttal arguments not exceeding 250 words. The rebuttal arguments
shall be filed with the City Clerk not more than 10 days after the
final date for filing direct arguments. Rebuttal arguments shall
be printed in the same manner as the direct arguments. Each
rebuttal argument shall immediately follow the direct argument,
which it seeks to rebut.
SECTION 2. That the provisions of Section 1 shall apply only
to the election to be held on March 5, 2002, and this Resolution
shall then be repealed effective March 6, 2002.
SECTION 3. The City Clerk shall certify to the adoption of
this resolution and shall cause a certified resolution to be filed
in the book of original resolutions.
PASSED AND ADOPTED this 13th day of November, 2001.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt, City Clerk
;" j J