HomeMy WebLinkAboutAGENDA REPORT 2005 0720 CC REG ITEM 08BITEM S • '6 •
CITY OF MOORPARK, CALIFORNIA
City Council Meeting
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MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Hugh R. Riley, Assistant City Manager
DATE: July 8, 2005 (CC Meeting of 7/20/05)
SUBJECT: Consider a Resolution Adopting Procedures for the
Formation, Election, and Operation of a Project Area
Committee for Proposed Amendment No. 2 to the
Redevelopment Plan for the Moorpark Redevelopment
Project
BACKGROUND
The Moorpark Redevelopment Agency (the "Agency ") is preparing
the proposed Amendment No. 2 (the "Amendment ") to the
Redevelopment Plan (the "Plan ") for the Moorpark Redevelopment
Project (the "Project "), in accordance with the California
Community Redevelopment Law (CCRL; Health and Safety Code
Section 33000 et seq.) for the purpose of reinstating eminent
domain authority for a 12 -year period. In reinstating the
Agency's eminent domain authority, the Amendment may include
authority to acquire property not limited to specific land uses.
It will be necessary, therefore, for this reason, and because
there are a substantial number of low and moderate income
persons residing in the area included within the Project (the
"Project Area "), that the Agency must establish a Project Area
Committee (PAC) in accordance with CCRL Section 33385.3 et al.
CCRL Section 33385 requires the City Council of the City of
Moorpark (the "City Council "), as the legislative body of the
Agency, to adopt procedures (the "Procedures") for the
formation, election, and operation of the PAC.
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Honorable City Council
July 20, 2005
Page 2
DISCUSSION
The Procedures can only be approved and adopted by resolution
after a noticed public hearing before the City Council. This
hearing was opened on July 6, 2005 and continued to July 20,
2005. Several questions were raised by the City Council and a
public speaker. Below are the responses to each of the
questions:
1. The procedures
members. For
monopoly in the
do not address the
example, a large
PAC membership.
If a large extended family lives
a family member could serve
category provided they are at
years old and have evidence of
membership category such as a re
deed or business license.
relationship of PAC
family could have a
in the Project Area
in each membership
least eighteen (18)
eligibility for that
�ntal agreement, grant
2. Why would the PAC go into a closed session?
The PAC is subject to the Ralph M. Brown Public
Meeting Law, which allows the PAC to go into a closed
session. However, it will not be necessary for the
PAC to conduct a closed session.
3. Will the PAC have the authority to spend money?
The PAC is being formed for the sole purpose of
reviewing the Amendment and providing comment thereto.
The PAC will not review redevelopment projects or have
any authority to spend funds.
4. Can we increase the number of members in the PAC?
Redevelopment law does not specify an exact number of
PAC members. Instead, the law allows the City Council
to determine the appropriate size and make up to
adequately represent the Project Area. The land use
in the Project Area is approximately 42% residential,
28% business (5% commercial and 23% industrial) 25%
vacant and 5% public (source: Moorpark Redevelopment
Plan). Therefore, to establish a PAC that reflects
11.111:
Honorable City Council
July 20, 2005
Page 3
the demographics of the Project Area, it should be
consistent with the use of the properties.
The majority land use in the Project Area is
residential. Of the residential uses, the majority
are owner - occupants. Therefore, the residential
categories shall represent the majority of the PAC and
the Residential Owner - Occupant category shall have
more members than Residential Tenant category.
If the PAC is increased from five (5) to seven (7)
members, the members in each membership category
should be as follows:
Residential Owner- Occupant 3
Residential Tenant 1
Business Owner 1
Business Property Owner 1
Existing Community Organization 1
Total 7
If the PAC is increased from five (5) to nine (9)
members, the members in each membership category
should be as follows:
Residential Owner - Occupant 3
Residential Tenant 2
Business Owner 2
Business Property Owner 1
Existing Community Organization 1
Total 9
Any increase in PAC membership size will also increase
the number of members needed to be present at a PAC
meeting to establish a quorum.
5. Everyone in the city should be allowed to participate
in the PAC election and should be able to vote in all
membership categories.
Redevelopment Law specifically prohibits any person or
business outside the Project Area from voting in the
PAC election. Redevelopment Law also states that
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Honorable City Council
July 20, 2005
Page 4
voters shall vote within their membership category and
the existing community organization category. Voters
cannot vote in the other PAC membership categories.
If adopted by the City Council, the attached Resolution, which
should be considered subsequent to the public hearing, will
approve the Procedures prepared for the Amendment, and direct
the Agency, its staff, and advisors to form and operate the PAC.
RECOMMENDATION:
1) Continue public hearing, take public testimony, and close
the public hearing; and
2) Adopt Resolution No. 2005- approving the procedures
for the formation, election, and operation of the PAC.
000010
RESOLUTION NO. 2005-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF MOORPARK, CALIFORNIA, ADOPTING PROCEDURES
FOR THE FORMATION, ELECTION, AND OPERATION
OF A PROJECT AREA COMMITTEE IN CONNECTION
WITH THE PROPOSED AMENDMENT NO. 2 TO THE
REDEVELOPMENT PLAN FOR THE MOORPARK
REDEVELOPMENT PROJECT, AND RELATED MATTERS
WHEREAS, the City
"City Council" and th
Redevelopment Plan (the
Project (the "Project")
in accordance with the
(CCRL; Health and Safety
Council of the City of Moorpark (the
e "City," respectively), adopted the
"Plan ") for the Moorpark Redevelopment
on July 5, 1989, by Ordinance No. 110,
California Community Redevelopment Law
Code Section 33000 et seq.); and
WHEREAS, CCRL Section 33342 provides that redevelopment
plans may include authority for the Agency to acquire by gift,
purchase, lease or condemnation, all or part of the real
property in the area included within the Project (the "Project
Area "); and
WHEREAS, the Plan provided authority for the Agency to use
eminent domain, which authority expired in July of 2001; and
WHEREAS, on July 5, 1989, the City Council adopted, and the
voters of the City subsequently approved at election, Ordinance
No. 111, which contained the following:
"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, is excluded
from eminent domain for long as that owner occupies the
residence." ;and
WHEREAS, the Agency is preparing the proposed Amendment No.
2 (the "Amendment ") to the Plan for the sole purpose of
reinstating the Plan's eminent domain authority for a 12 -year
period (pursuant to CCRL Section 33333.4(g)(2)); and
000011
Resolution No. 2005 -
Page 2
WHEREAS, the Agency's ability to utilize eminent domain
authority to acquire property may or may not be limited to
specific land uses; and
WHEREAS, the voters of the City will need to approve the
Agency's eminent domain authority if it exceeds the restrictions
set forth in City Council Ordinance No. 111; and
WHEREAS, CCRL Section 33385.3 requires that a Project Area
Committee (PAC) be formed by an agency if the proposed
redevelopment plan amendment would do either of the following:
(1) Grant the authority to the agency to acquire by eminent
domain property on which persons reside in a project area in
which a substantial number of low- and moderate - income persons
reside; or
(2) Add territory in which a substantial number of low- and
moderate - income persons reside and grant the authority to the
agency to acquire by eminent domain property on which persons
reside in the added territory. The project area committee may
be composed of persons from only the added territory or both the
added area and the existing project area; and
WHEREAS, staff has conducted a review of the population
demographics within the Project Area, and based on such
information, it is reasonable to conclude the Project Area
contains a substantial number of low- and moderate - income
persons; and
WHEREAS, Amendment No. 2 does not provide for the addition
of new territory to the Project Area; and
WHEREAS, based upon Project Area population demographics,
the scope of the Amendment, and CCRL requirements, the Agency
has determined that it is necessary to establish a PAC; and
WHEREAS, CCRL Section 33385 requires that the City Council,
as the legislative body of the Agency, adopt, after a duly
noticed public hearing, community -wide procedures (the
"Procedures ") for filing for election, publicizing an election,
holding an election, and for reviewing disputed elections,
filling vacated seats, and other matters related to the
electoral process of a PAC; and
000012
Resolution No. 2005 -
Page 3
WHEREAS, on July 6, 2005, the City Council held a duly
noticed public hearing at which time the Procedures, as well as
public testimony relevant to the Procedures for the Amendment,
were all duly considered; and
WHEREAS, the July 6, 2005, public hearing was continued to
July 20, 2005, at which time the Procedures, as well as public
testimony relevant to the Procedures for the Amendment, were all
duly considered.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The "Procedures for Formation, Election, and
Operation of the Project Area Committee in connection with the
Proposed Amendment No. 2 to the Redevelopment Plan for the
Moorpark Redevelopment Project," which are attached to this
resolution as Exhibit "A" and fully incorporated herein by this
reference, are hereby approved and adopted.
SECTION 2. The Agency, its staff, and advisors are
hereby directed to cause the PAC to be formed and operated
pursuant to the Procedures and CCRL Sections 33385, et al.
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 20`h day of July, 2005.
ATTEST:
Deborah S. Traffenstedt, City Clerk
Attachment: Exhibit "A"
Patrick Hunter, Mayor
000013
Exhibit A
PROCEDURES FOR THE FORMATION,
ELECTION, AND OPERATION OF A
PROJECT AREA COMMITTEE
Proposed Amendment No. 2
to the
Redevelopment Plan
forthe
Moorpark Redevelopment Project
MOORPARK REDEVELOPMENT AGENCY
June 22, 2005
000014
TABLE OF CONTENTS
Section
Page
100 GENERAL ................................................................................................ ..............................1
A. [101 ] Purpose ........................................................................................ ............................... l
B. [102] Authority ....................................................................................... ............................... 1
C. [103] Definitions .................................................................................... ............................... 1
200 MEETINGS TO ESTABLISH THE PAC AND TO PRESENT PAC MEMBERS TO
THECITY COUNCIL .............................................................................. ..............................3
A. [201] Meetings to Establish the PAC .................................................. ..............................3
B. [202] Presentation of PAC to City Council ........................................ ............................... 3
300 NOTICE OF MEETINGS, HEARINGS AND PLEBISCITES ........... ..............................3
A. [301 ] Publications of Opportunity to Serve ....................................... ............................... 4
B. [302] Publication of Notice .................................................................. ............................... 4
C. [303] Notice by Mail .............................................................................. ............................... 4
D. [304] Other Forms of Notice ................................................................ ............................... 4
E. [305] Foreign Languages .................................................................... ............................... 5
400 COMPOSITION OF PAC MEMBERSHIP AND PAC OPERATIONS ..........................5
A. [401 ] Categories .................................................................................... ............................... 5
B. [402] Membership Term ...................................................................... ............................... 5
C. [403] PAC Officers ................................................................................ ............................... 5
D. [404] Agency Executive Director .................................... ..............................6
E. [405] Staff to PAC ....................................................... ..............................6
F. [406] Meetings and Office ................................................................... ............................... 6
[406.11 Regular and Special Meetings ...................................... ..............................6
[406.2] Meetings to be Open and Public ................................... ..............................6
[406.3] Agendas and Minutes ..................................................... ..............................6
[406.4] Quorum ............................................................................. ..............................6
[406.5] Rules of Order .................................................................. ..............................6
[406.6] Attendance ........................................................................ ..............................7
G. [407] Existing Community Organization /Appointment of Representative .................. 7
H. [408] Vacancies in Membership Categories - Adjustment of Composition of PAC;
Succession...................................................................................................... ............................... 7
I. [409] Duties of PAC .................................................. ............................... 7
500 ELECTION PROCEDURE .................................................................... ..............................8
A. [501 ] PAC Applications ........................................................................ ............................... 8
600 ELIGIBILITY REQUIREMENTS FOR PAC MEMBERSHIP ............ ..............................8
A. [601 ] Evidence of Eligibility ................................................................. ............................... 8
B. [602] Voter Registration ........................................................................ ..............................9
C. [603] Obtaining Absentee Ballots ....................................................... ............................... 9
D. [604] Candidate Speeches ................................................................ ............................... 10
E. [605] Voting Categories ..................................................................... ............................... 10
F. [606] Balloting ...................................................................................... ............................... 10
G. [607] Results/ Runoffs ......................................................................... ............................... 10
H. [608] Challenges / Validity ................................................................... ............................... 10
700 SPECIAL PROVISIONS ....................................................................... .............................11
A. [701 ] Compensation of PAC Members ............................................ ............................... 1 1
B. [702] Amendment of Procedure ....................................................... ............................... 11
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ATTACHMENTS
ATTACHMENT "A" Map of the Moorpark Redevelopment Project Area
ATTACHMENT "B" Project Area Committee Application
000016
PROCEDURES FOR FORMATION, ELECTION, AND OPERATION
OF THE PROJECT AREA COMMITTEE FOR THE PROPOSED
AMENDMENT NO. 2 TO THE REDEVELOPMENT PLAN FOR THE
MOORPARK REDEVELOPMENT PROJECT
100 GENERAL
A. [101] Purpose
The purpose of this document is to set forth procedures for the formation of a
project area committee as a part of the process of amending the Redevelopment Plan
for the Moorpark Redevelopment Project. The Moorpark Redevelopment Agency is
proposing to amend the Redevelopment Plan to: reinstate the Redevelopment Plan's
eminent domain authority within the Moorpark Redevelopment Project for a 12 -year
period. In reinstating the Agency's eminent domain authority, the Amendment may
include authority to acquire property not limited to specific land uses. Health and Safety
Code Section 33385.3, provides for the establishment of a procedure for formation and
election of project area committee members relevant to the amendment of an existing
redevelopment plan. The procedures established herein shall be used to govern
formation, election, and operation of the Project Area Committee.
B. [102] Authority
These procedures were approved and adopted on 2005 by Resolution
No. of the City Council of the City of Moorpark.
C. [103] Definitions
For the purpose herein:
"Agency" means the Moorpark Redevelopment Agency, a public body,
corporate and politic, which exercises powers as a redevelopment agency under the
CCRL (see definition infra).
"Amendment" means the proposed Amendment No. 2 to the Redevelopment
Plan.
"Business Owner" or "Business Owners" means a person who owns or
leases property within the Project Area for any lawful activity, whether or not carried on
for profit, which is conducted within the Project Area for: (i) the purchase, sale, lease or
rental of tangible or intangible personal property ( "Retail Business "); (ii) the manufacture,
processing or marketing of products, commodities or any other personal property
( "Manufacturing Business "); (iii) the sale of services to the public ( "Service Business ");
(iv) the ownership, operation or management of commercial real property; or (v) other
commercial enterprises.
"Business Property Owner" or "Business Property Owners" means a person
who owns a property in the Project Area, which is used or designated by the City's
Zoning Ordinance for business use.
00001.'7
"City" means the City of Moorpark, California, a municipal corporation.
"CCRL" means the California Community Redevelopment Law, Section 33000 et
seq. of the Health and Safety Code as currently drafted or as it may be amended from
time to time.
"City Council" means the City Council of the City, exercising powers as the
legislative body of the Agency under the CCRL.
"Director" means the Executive Director of the Agency or his /her designee.
"Existing Community Organization" or "Organizations" means any nonprofit
association of persons organized for religious, entrepreneurial, scientific, educational,
literary or other purposes, which conducts its regularly scheduled meetings in the Project
Area or operates a facility or office within the City and serves the Project Area.
"Occupant" or "Occupants" means any Person occupying a structure within
the Project Area.
"Person" or "Persons" means, but is not limited to, an individual or individuals,
household, family, proprietorship, partnership, business trust, joint venture, syndicate,
corporation, limited liability company, or association.
"Procedures" or "Procedure" means these "Procedures for Formation,
Election, and Operation of the Project Area Committee for the Proposed Amendment
No. 2 to the Redevelopment Plan for the Moorpark Redevelopment Project" to be used
to govern the formation, election, and operation of the Project Area Committee as
required by CCRL Section 33385.3 and adopted by the City Council on 2005 by
its Resolution No.
"Project" means the Moorpark Redevelopment Project.
"Project Area" means the area currently included within the Project. The
Project Area is shown on Attachment "A" which is included herein and by this reference
made a part hereof.
"Project Area Committee" or "PAC" means the committee formed and
selected in accordance with CCRL Sections 33385 and 33385.3, et al., and subject to
the procedures set forth herein.
"Property Owner" or "Property Owners" means any person owning property
within the Project Area according to the Ventura County Assessor's records. The data
used to identify ownership of the properties shall not be more than six (6) months
outdated.
"Redevelopment Plan" or "Plan" means the document (as it may be amended
from time to time) which sets forth the requirements, limitations, and general provisions
for the Project pursuant to the CCRL.
000018
"Residential Owner - Occupant" or "Owner- Occupants" means a person who
owns a residence in the Project Area and is occupying the property as a residence for at
least thirty (30) days.
"Residential Tenant" or "Tenants" means a person who rents a legal dwelling
unit in the Project Area pursuant to a rental or lease agreement and who has occupied
such dwelling unit as a permanent, personal residence and usual place of abode for not
less than thirty (30) days prior to the submittal of a completed PAC application as
described in Section 501, infra.
200 MEETINGS TO ESTABLISH THE PAC AND TO PRESENT PAC MEMBERS TO
THE CITY COUNCIL
A. [201] Meetings to Establish the PAC
Agency staff shall conduct: i) one public informational meeting to explain the
establishment and functions of the PAC, and the opportunity to serve on the PAC; and ii)
a meeting to elect members to the PAC. The Amendment schedule currently provides
that the election will take place within approximately five weeks of the informational
meeting. At the informational meeting the Agency shall distribute and make available to
each person in attendance: i) a copy of Article 6.5 of the CCRL (Sections 33385 - 33388);
ii) a copy of CCRL Sections 33347.5 and 33366; iii) a copy of these Procedures; iv)
applications for PAC membership; and v) any other materials the Agency determines
would be useful.
The Amendment schedule currently provides that the informational meeting will
be held August 15, 2005, and that the PAC election meeting will be held on September
15, 2005, or on such dates as selected by the Director in accordance with the process
more completely set forth in Section 500, et seq., below.
B. [202] Presentation of PAC to City Council
Agency staff shall present the results of the PAC election to the City Council at
the October 5, 2005 meeting of the City Council, or on such date as selected by the
Director. The City Council shall adopt a finding as to whether all the relevant portions of
these Procedures regarding the election were followed and shall determine the validity of
any properly filed challenges to the PAC election within the time required by law and set
forth in Section 606 of these Procedures.
300 NOTICE OF MEETINGS, HEARINGS AND PLEBISCITES
The Agency shall publish notice of all meetings, hearings, or plebiscites
(elections) conducted by the Agency relative to the formation and selection of the PAC,
and the opportunity to serve on the PAC in the same manner as specified in Subdivision
(a) of Section 65090 of the Government Code, as more formally set forth in Section 302
of these Procedures.
000019
A. [301] Publications of Opportunity to Serve
The Agency shall publicize the opportunity to serve on the PAC by mailing
written notice to all Property Owners, Occupants and Existing Community Organizations
in the Project Area. This notice shall be mailed by first -class mail at least thirty (30) days
prior to the election of the PAC.
B. [302] Publication of Notice
The Agency shall publish notice of each meeting, hearing, or plebiscite relative to
the formation and election of the PAC (see Section 201 above for meeting date
information) at least one time in a newspaper of general circulation in the City at least
ten (10) days prior to the date for each meeting, hearing, or plebiscite. The notice shall
include: i) the date, time, and place of each meeting, hearing, or plebiscite, ii) the identity
of the body conducting such meeting, hearing, or plebiscite, iii) a general explanation of
the matters to be considered, iv) a general description of the Project Area, in text or by
diagram, v) a statement that a PAC will be formed for the Amendment, vi) a general
description of the duties of PAC members, and vii) a general statement of the criteria for
eligibility to vote for PAC members and serve on the PAC.
C. [303] Notice by Mail
The Agency shall mail written notice to all Property Owners, Occupants and
Existing Community Organizations in the Project Area of all meetings, hearings, or
plebiscites conducted by, or on behalf of, the Agency relative to the formation and
selection of the PAC (see Section 200 A. above for meeting date information.) This
mailed notice requirement shall only apply if mailing addresses to all property owners, or
to all occupants, are obtainable by the Agency at a reasonable cost. In lieu of providing
separate notice for each meeting, hearing, or plebiscite, the Agency may provide a
single notice pursuant to this Section 300 C. stating all dates, times, and locations of any
meetings, hearings, and plebiscites relative to the formation and selection of the PAC.
If the Agency has acted in good faith to comply with the notice requirements of
this Section 300 C., the failure of the Agency to provide the required notice to any
Property Owner, Occupant and Existing Community Organization, unknown to the
Agency or whose addresses could not be obtained at a reasonable cost, shall not, in and
of itself, invalidate the formation or subsequent actions of the PAC.
D. [304] Other Forms of Notice
In addition to the notices set forth in Sections 300 A., 300 B., and 300 C., the
Agency may post notices, distribute flyers, purchase radio or newspaper advertisements,
provide public service announcements, or undertake such other actions as it deems
necessary or desirable to further inform Property Owners, Occupants and Existing
Community Organizations of the formation of the PAC or any of its activities pursuant to
these Procedures.
000020
E. [305] Foreign Languages
Any of the notices or announcements required herein may be, but are not
required to be, translated into another language if the Agency determines that such
translation is necessary to effectively publicize the opportunity to serve on the PAC and
participate in the formation and election of the PAC.
400 COMPOSITION OF PAC MEMBERSHIP AND PAC OPERATIONS
A. [401 ] Categories
Subject to the remaining provisions of this Section 400, the PAC is to be
composed of five (5) members (the "PAC Members ") and shall include the number of
representatives listed in each of the following categories:
Number of
Category Representatives
Residential Owner - Occupant ...................................... ............................... 3
ResidentialTenant ...................................................... ............................... 1
BusinessOwner ............................................................ ..............................1
Business Property Owner ............................................. ..............................1
Existing Community Organization ................................. ..............................1
TOTAL.......................................................................... ............................... 7
B. [402] Membership Term
The terms of the PAC Members are from the date of election until and throughout
the period of preparation of the Amendment and for a three (3) year period after the
adoption of the Amendment. The City Council may continuously extend the terms of the
PAC members by one -year terms, after the initial three (3) year period has expired.
C. [403] PAC Officers
The Officers of the PAC shall be a Chairperson and Vice - Chairperson. The
Chairperson and Vice - Chairperson of the PAC shall be elected by the PAC Members at
the first meeting of the PAC. The Chairperson and Vice - Chairperson shall thereafter be
elected during the same month of each calendar year and shall take office effective
immediately upon such election. The Chairperson shall preside at all meetings of the
PAC and shall sign all documents necessary to carry out the business of the PAC. The
Vice - Chairperson shall, in the absence of the Chairperson, act as Chairperson.
s 000021.
D. [404] Agency Executive Director
The Agency Executive Director or designee may attend any or all PAC meetings
on his /her own volition or upon direction of the Agency. At such meetings, the Director
or designee shall be heard by the PAC members as to all matters upon which he /she
wishes to address.
E. [405] Staff To PAC
Agency staff members or designees shall provide staff support to the PAC. The
PAC shall not be authorized to hire, select or reject any or all of the staff members
assigned to the PAC.
F. [406] Meetings and Office
[406.1] Regular and Special Meetings
The PAC shall hold its meetings in the City Council Chambers (Apricot Room),
799 Moorpark Avenue, Moorpark, California, or such other place within the City as the
PAC may from time to time designate. Agency Staff shall be responsible for the posting
and delivery of meeting notices and of an agenda of all matters to be discussed or acted
upon publicly in the Moorpark City Hall at least seventy -two (72) hours prior to the time
specified in the notice of the meeting. All meetings shall be conducted and notice thereof
shall be given in conformity with the Ralph M. Brown Public Meeting Law (California
Government Code Section 54950, et seq.).
[406.2] Meetings to be Open and Public
All PAC meetings shall be open and public. All persons shall be permitted to
attend any such meetings except as otherwise provided by the Ralph M. Brown Public
Meeting Law.
[406.3] Agendas and Minutes
Agency staff shall prepare and distribute the PAC agendas. Minutes of all PAC
meetings shall be prepared in an annotated form consistent to the minutes prepared for
the Agency. The minutes of all PAC meetings shall be completed by Agency staff and
kept in a file at the Office of the Agency upon approval by PAC.
[406.4] Quorum
Four (4) members of the PAC shall constitute a quorum, and the presence of a
quorum at each meeting shall be necessary for the PAC to conduct its business. A
smaller number of PAC Members may adjourn a meeting, until a quorum is present.
[406.5] Rules of Order
Any conflict matters before the PAC shall be transacted in conformance with the
current version of Robert's Rules of Order.
000022
[406.6] Attendance
Any member who is absent from three (3) consecutive regular meetings shall be
deemed to have vacated his or her membership on the PAC.
G. [407] Existing Community Organization /Appointment of Representative
The Existing Community Organization elected to serve on the PAC pursuant to
this Procedure shall appoint one of its members to serve on the PAC. An alternate
representative of such elected Existing Community Organization may also be appointed
to serve on the PAC in the event that the designated representative is unable to attend a
PAC meeting. However, in no event shall more than one member of the Existing
Community Organization attend the PAC meeting in his /her official representative
capacity.
H. [408] Vacancies in Membership Categories - Adjustment of Composition
of PAC; Succession
If, at the time of formation of the PAC, an insufficient number of candidates are
elected to provide representation from each category of membership on the PAC, such
seats may remain vacant until qualified and eligible candidates are selected in the
manner provided by these Procedures. Until such time as vacant seats on the PAC have
been filled, the presence at a meeting of a majority of the occupied seats on the PAC
shall constitute a quorum. The existence of any vacancies shall not prevent formation of
the PAC or the conduct of business by the PAC.
If an insufficient number of candidates are elected in the initial election for any
category of PAC membership, the PAC shall set a date and time for a new election for
the vacant seat or seats on the PAC. The PAC shall provide further notice of such new
election to the persons eligible as described in Sections 301 through 304 hereof for the
initial election. If after such subsequent election there is still an insufficient number of
candidates elected for any category of PAC membership or a category continues to have
no candidate elected, then the vacant seats in such category(ies) may remain unfilled.
If after the formation of the PAC a vacancy occurs, the PAC shall call for a new
election to fill such vacancy in the manner as provided above, unless the PAC
determines that a new election would be infeasible due to such factors as lack of interest
of potential members in serving on the PAC, or insufficient time to hold an election prior
to the PAC's consideration of the Amendment. In such case the PAC may proceed with
members seated on the PAC and the majority of such shall constitute a quorum.
[409] Duties of PAC
The PAC is formed for the purpose of reviewing and commenting on the
proposed Amendment. The PAC may consider other matters as requested by the
Agency.
000023
500 ELECTION PROCEDURE
A. [501 ] PAC Applications
A candidate for PAC membership must submit a completed PAC Application (the
"PAC Application ") to the City's Redevelopment Department which application must be
received by the Agency offices no later than September 8, 2005. A copy of the PAC
Application is attached hereto as Attachment "B" and incorporated herein by this
reference. All PAC Applications submitted shall be available to the general public for
review beginning on the business day following submittal. All PAC Applications shall be
available at the election meeting described in Section 201 above, and at the offices of
the Agency prior to such meeting. Agency offices are located at City Hall 799 Moorpark
Avenue, Moorpark, California 93021.
600 ELIGIBILITY REQUIREMENTS FOR PAC MEMBERSHIP
A. [601 ] Evidence of Eligibility
Upon submittal of a PAC Application, candidates for PAC membership must
present evidence that they are eighteen (18) years of age or older. Candidates are
advised that the California Fair Political Practices Commission and the Political Reform
Act, Government Code Section 81000, et seq., requires PAC Members to complete
Statements of Economic Interest which disclose certain personal financial information
concerning such PAC Member (including, for example, certain types of income, financial
investments, real property interests, business entity interests, and gifts). A candidate
may only run for one category (see Section 401 above) of PAC membership and must
present a valid California Identification Card, driver's license, military identification, or
similar identification and a true copy of the following evidence as eligibility for the
applicable category:
Residential Owner - Occupant: Recorded grant deed or property tax bill.
2. Residential Tenant: Executed rental /lease agreement or rent receipt.
3. Business Owner: Business Registration Receipt issued by City, or proof
of ownership or lease of real property.
4. Business Property Owner: Recorded grant deed or property tax bill.
5. Existing Community Organization: Each of the following: (i) proof of
existence of the organization as of the time of the PAC informational meeting, (ii) proof
of existence, operation, or services provided within the Project Area, such as articles of
incorporation, bylaws, lease document, or business license, and (iii) a resolution of the
board of directors of such Organization authorizing a representative or alternate
representative to act on its behalf for PAC matters.
As deemed necessary and appropriate Agency staff may also verify eligibility
through other methods.
000024
B. [602] Voter Registration
Anyone desiring to vote at the PAC election must register at the election meeting
to be held on September 15, 2005, by providing satisfactory evidence to the Agency staff
that he or she is: (1) at least eighteen (18) years of age or older; and, (2) a Residential
Owner- Occupant, Residential Tenant, Business Owner, Business Property Owner, or is
the authorized representative (as evidenced by a letter) of a Existing Community
Organization. Voter registration will take place at the beginning of the PAC election
meeting. Only one individual may vote on behalf of any Residential Owner, Residential
Tenant, Business Owner, Business Property Owner, or Existing Community
Organization. Any of the following documents, where appropriate to the category of the
voter, may be provided as evidence of eligibility to vote:
A driver's license, California Identification Card, military identification, or other
official documents (i.e., Alien Registration Card, Passport, etc.), and one of the following:
Rental /lease Agreement
2. Rent Receipt
3. Grant Deed to Real Property
4. Property Tax Bill
5. Business Registration Receipt issued by the City
6. Utility Bill
7. Voter Registration
8. Resolution of or Letter from Business
9. Resolution of Existing Community Organization
10. Other Official Documents
[Agency staff may also verify eligibility through alternate methods]
C. [603] Obtaining Absentee Ballots
Anyone who is qualified and desiring to vote at the PAC election but who is
unable to attend the election meeting may register and obtain an absentee ballot from
the City Clerk's Office beginning seven (7) days prior to the scheduled election until 5:00
p.m. on the last business day before the scheduled election. Evidence of eligibility to
vote must be provided as specified herein above. Absentee ballots will not be available
on or after the scheduled day of the election. Absentee ballots may be turned in prior to
the date of the election as pursuant to Section 606 of this document.
000025
D. [604] Candidate Speeches
All candidates for each PAC membership category shall be provided an
opportunity to make a "campaign speech" at the PAC election meeting. A time limit of
three (3) minutes is established for each campaign speech. If a candidate is unable to
attend the election meeting, the candidate may designate a representative to make his
or her campaign speech. Reasonable rules of order (in the event of dispute, Roberts
Rules of Order are to be used) will be applied, considering the number of candidates
running in the PAC election.
E. [605] Voting Categories
Each voter may cast ballots for representatives of that voter's PAC membership
category and for the category of Existing Community Organization. To wit: voters who
have qualified to vote as Residential Owner - Occupants shall be entitled to vote for
representatives of the Residential Owner - Occupant category and for the category of
Existing Community Organization. Voters who have qualified to vote as representatives
of Existing Community Organizations are entitled to vote only for that category.
F. [606] Balloting
Ballots shall be provided to registered voters of each PAC membership category;
i.e., a Residential Owner - Occupant ballot, a Residential Tenant ballot, a Business Owner
ballot, a Business Property Owner ballot, and an Existing Community Organizations
ballot. Voting shall be conducted by secret ballot. The City Clerk shall appoint authorized
election assistants to collect and tally the ballots. Absentee ballots shall be deposited
with designated election assistants any time prior to close of election. The election
assistants shall tally the ballots at the PAC election meeting. The City Clerk or Deputy
City Clerk shall be present when the ballots are tallied to provide official verification of
the results of the PAC election.
G. [607] Results /Runoffs
The City Clerk or Deputy City Clerk staff shall announce the results of the PAC election
at the PAC election meeting after the ballots are tallied. If a runoff is necessary, it shall
be announced and held immediately. Ballots shall be maintained by the City Clerk's
Office for presentation to the City Council. The retention of election records shall be
consistent with the State Elections Code requirements for local elections (Division 17,
Retention and Preservation of Election Records).
H. [608] Challenges /Validity
Any challenge to the PAC or to the electoral procedures followed in connection
with the PAC election shall be filed with the City Council within fifteen (15) calendar days
following the PAC election. The City Council shall review all challenges so filed and
determine if the PAC election was conducted according to the Procedures. The
determination shall be made within thirty (30) days following the PAC election. The
decision of the City Council shall be final.
10 000026
700 SPECIAL PROVISIONS
A. [701 ] Compensation of PAC Members
The members of the PAC shall serve without compensation.
B. [702] Amendment of Procedure
These Procedures may be amended from time to time by resolution of the City
Council.
000027
Prepared By: Urban Futures, Inc. March 2, 2005
o Redevelopment Agency of the City of Moorpark Ill, 1oorpark R1edevel,�o ,pt Pr—rfq ectr
0
Attachment A
66 MP_PA_BASE.WOR
r
ATTACHMENT "B"
PROJECT AREA COMMITTEE APPLICATION
FOR ELECTION TO THE PROJECT AREA COMMITTEE
PROPOSED AMENDMENT TO THE REDEVELOPMENT PLAN
FOR THE MOORPARK REDEVELOPMENT PROJECT
Please complete the following:
Name:
First Middle Initial Last
Mailing Address:
Daytime Phone:
Please place a check mark, below, in the box next to the sentence which best describes
your interest for serving on the Project Area Committee and complete the blank(s):
I am interested in serving on the Project Area Committee because I:
own, occupy,
residence,
other (describe):
rent, lease:
apartment, business, vacant lot,
at the following address in the Project Area:
Moorpark, California
*dumber Street Apt. or Space
T
the Project :Area„ mittee
conumnitV 'car in th
zation:
I f? iWmllylbs,ted in- swing-on the Project')
reason):
am a designated
any other
000029
In the space provided below, please provide a brief statement of your qualifications and
interest for appointment to the Project Area Committee:
I acknowledge and agree that if I should become a Project Area Committee member, I
would be subject to the provisions of the Political Reform Act which requires disclosure
of certain interests within the proposed Project Area and other interests as required by
the Political Reform Act. I further acknowledge that in certain circumstances disclosures
may require or result in disqualification. I also understand that as a Project Area
Committee member I shall serve without compensation.
Dated:
(Signature)
COMPLETED FORMS MUST BE RECEIVED IN THE OFFICES OF THE MOORPARK
REDEVELOPMENT AGENCY, CITY HALL, 799 MOORPARK AVENUE, MOORPARK,
CA 93021. FAILURE OF ANY PERSON TO SUBMIT A COMPLETE, SIGNED PAC
APPLICATION SHALL ELIMINATE SUCH PERSON FROM CONSIDERATION.
:r
000KN)