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HomeMy WebLinkAboutAGENDA REPORT 2005 1005 CC REG ITEM 09DITEM q- I• CITY OF MOORPARK, CALIFORNIA City Council Meeting Of io -o s -coos ACTION: f� ,,,�_ " BY: FS� MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Hugh R. Riley, Assistant City Manager DATE: September 23, 2005 (CC Meeting of 10/05/05) SUBJECT: Consider a Resolution Certifying the Results of the Project Area Committee Election (PAC) held September 15, 2005; and Forming the PAC for the 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 to the Redevelopment Plan (the "Amendment ") for the Moorpark Redevelopment Project (the "Plan" and the "Project," respectively), 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 maximum 12 -year period. Because the Amendment will be reinstating the Agency's eminent domain authority, which may include the authority to acquire property not limited to specific land uses, and due to the substantial number of low and moderate income persons residing in the area included within the Project (the "Project Area ") it is necessary, for the Agency to establish a Project Area Committee (PAC) in accordance with CCRL Section 33385.3 et al. On July 20, 2005, the Agency adopted Procedures for the Formation, Election, and Operation of a Project Area Committee (the "PAC Procedures ") by Resolution No. 2005 -2359. On September 15, 2005 an informational pre -PAC meeting was held at which time applications for PAC candidacy were provided, and the PAC formation and operation, purpose of the Amendment, and Amendment adoption procedures were discussed. In accordance with CCRL Section 33385 and the PAC Procedures, a PAC election was held on 0 00334 Honorable City Council October 5, 2005 Page 2 September 15, 2005, at which seven of nine designated PAC positions were elected (there were no Residential Tenant Candidates to fill the two allocated positions) . The election results are attached to the Resolution as Attachment A. Once established, the PAC will need to set a date and time to conduct a new election for the vacant Residential Tenant category seats as required in the PAC Procedures. If after such subsequent election there are still an insufficient number of candidates for the Residential Tenant category, the vacant seats may remain unfilled. If representation is still desired in this category, the City Council may amend, by resolution, the PAC Procedures to require the PAC to continue to conduct elections until the vacancies are filled. Section 33385(d)(2) of the CCRL stipulates that the PAC Procedures must provide that any challenge to an election or to an electoral procedure shall be filed with the legislative body no more than 15 calendar days after the election. No challenges were received during the 15 calendar days following the PAC election. The Council is being asked to certify the September 15, 2005 PAC election and find that the election was conducted in good faith and in substantial compliance with applicable legal requirements and the adopted PAC procedures and form the Project Area Committee for the proposed Amendment No. 2 to the Redevelopment Plan for the Moorpark Redevelopment Project. STAFF RECOMMENDATION Adopt Resolution No. 2005 - Attachments: Resolution No. 2005- 00041135 RESOLUTION NO. 2005- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, CERTIFYING THE RESULTS OF THE PROJECT AREA COMMITTEE ELECTION (PAC) HELD SEPTEMBER 15, 2005; AND FORMING THE PAC FOR THE PROPOSED AMENDMENT NO. 2 TO THE REDEVELOPMENT PLAN FOR THE MOORPARK REDEVELOPMENT PROJECT. WHEREAS, the City Council of the City of Moorpark (the "City Council ") , adopted the Redevelopment Plan (the "Plan ") for the Moorpark Redevelopment Project (the "Project ") on July 5, 1989, by its Ordinance No. 110, in accordance with the California Community Redevelopment Law (CCRL; Health and Safety Code Section 33000 et seq.); and WHEREAS, CCRL Section 33342 provides that the Plan may include authority for the Moorpark Redevelopment Agency (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, 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 as 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 purpose of reinstating the Plan's eminent domain authority for a maximum 12 -year period (pursuant to CCRL Section 33333.4(g)(2)), which Amendment may or may not include authority to acquire property not limited to specific land uses; and U003�� Resolution No. 2005 - Page 2 WHEREAS, CCRL Section 33385.3 provides that if a project area committee ( "PAC ") does not exist and an agency proposes to amend a redevelopment plan, the agency is required to establish a PAC pursuant to Section 33385 if the proposed amendment to a redevelopment plan would do either of the following: (i) 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; (ii) 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; and WHEREAS, the Agency determined the need to establish a PAC for the Amendment pursuant to CCRL Section 33385.3 et al.; and WHEREAS, on July 20, 2005, the City Council concluded a duly noticed public hearing at which time the guidelines and procedures for the formation, election, and operation of the PAC for the Amendment were considered and, by its Resolution No. 2005 -2359, the City Council subsequently adopted the Procedures for the Formation, Election, and Operation of the Project Area Committee for the Amendment ( "PAC Procedures "); and WHEREAS, acting in good faith to achieve full compliance and /or in substantial compliance with the PAC Procedures and the requirements of CCRL Section 33385 et seq. and Government Code Section 65090(a), the Agency publicized the opportunity to serve on the PAC and noticed the meetings and plebiscites to be conducted by or on behalf of the Agency or the City Council relative to the formation and selection of the PAC, and provided written notice via first class mail to all residents, businesses and community organizations within the Project Area at least 30 days prior to the formation of the PAC; and WHEREAS, on August 15, 2005 the Agency conducted an informational meeting to explain the establishment and function of, and opportunity to serve on the PAC; and WHEREAS, the PAC election was held on September 15, 2005 and votes were cast by members of the voting categories present to elect members to serve on the PAC; however, there were no candidates for the category of residential tenant (two (2) vacancies); and WHEREAS, the City Clerk presents to the City Council the results of the PAC election and the candidates, which were 00(J�37 Resolution No. 2005 - Page 3 elected by their representative groups to serve on the PAC, and the candidate for the category Existing Community Organization who was elected by all representative groups, and results of the election are shown on Attachment A, attached hereto and made part hereof; and WHEREAS, the candidates elected in each representative category met the eligibility requirements to serve in their representative capacity on the PAC as set forth in the PAC Procedures; and WHEREAS, no challenges to the PAC formation and election process were received by the City Council within 15 calendar days after said election; and WHEREAS, the City Council desires to accept the results presented and certify the PAC members elected. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The foregoing recitals are hereby incorporated by reference and made a part hereof. Section 2. The City Council finds all relevant portions of the PAC Procedures and the CCRL regarding the election were followed in the formation and election of the PAC. Section 3. The City Council finds the PAC formation and election were conducted in good faith and in substantial compliance with applicable legal requirements and the PAC Procedures. Section 4. The City Council accepts from the City Clerk the presentation of the PAC election results. Section 5. The City Council hereby certifies the results of the September 15, 2005 PAC election. Section 6. the Amendment. The City Council hereby forms the PAC for Section 7. The City Council directs Agency staff and advisors to consult with and obtain the advice of the PAC regarding the Amendment. 0 00338 Resolution No. 2005 - Page 4 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 or original resolutions. PASSED AND ADOPTED on the 5th day of October, 2005. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk Attachment A - Official Tally Sheet, Redevelopment Project Area Committee Election, September 15, 2005 000339 ATTACHMENT A u'm M 1 rvtss VVHtKEOF, I hereby certify that the total votes cast for Members of the Project Area Committee are as listed above, and have hereunto set my hand and affixed my official seal this 15th day of September, 2005. DEBORAH S. TRAFFEN fEDT City Clerk City of Moorpark 0 0040