HomeMy WebLinkAboutRES CC 1998 1479 1998 0624RESOLUTION NO. 98 -1479
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK,
CALIFORNIA, ORDERING THE SUBMISSION OF PROPOSED ORDINANCES
TO PRESERVE OPEN SPACE AND AGRICULTURAL USES AND ESTABLISH
AN URBAN RESTRICTION BOUNDARY FOR THE CITY OF MOORPARK,
AND TO FINANCE THE COSTS RELATED TO LAND ACQUISITIONS
NECESSARY TO ADMINISTER SAID PRESERVATION, AND TO FINANCE
THE COST OF POTENTIAL LITIGATION CREATED BY THE EXERCISE OF
PRESERVATION ACTIONS, TO THE QUALIFIED ELECTORS OF THE CITY,
AND REQUESTING THAT THE CITY CLERK OF THE CITY OF MOORPARK
CONSOLIDATE SAID REQUEST WITH RESOLUTION NO. 98 -1474 OF THE
CITY COUNCIL CALLING FOR THE CONDUCT OF A GENERAL MUNICIPAL
ELECTION UPON THE GENERAL ELECTION ON NOVEMBER 3, 1998
PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE.
WHEREAS, a general election on Tuesday, November 3, 1998, has been called by City of
Moorpark Resolution No. 98 -1474, adopted on June 17, 1998; and
WHEREAS, the City Council of the City of Moorpark, California, desires to submit to the
voters of the City of Moorpark at a General Municipal Election proposed ordinances related to the
preservation of open space and agricultural uses and establishment of an urban growth boundary and
financing the costs related to land acquisition necessary to administer said preservation and the cost
of potential litigation created by the exercise of preservation actions; and
WHEREAS, the City Council is authorized and directed by statute to submit the proposed
ordinances to the voters;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER 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, November 3, 1998, a General Municipal Election for the purpose of submitting the
following proposed ordinances:
Shall the ordinance entitled Preservation of Open -Space and Agricultural Uses
and Creation of a Moorpark City Urban Restriction Boundary be adopted?
YES
NO
Resolution No. 98 -1479
Page 2
Shall the ordinance entitled Adopting a Special Tax for Open Space Acquisition
be adopted?
YES
NO
Shall the ordinance entitled Adopting a Special Tax for Legal Defense Costs be
adopted?
YES
NO
SECTION 2. That the text of the ordinances to be submitted to the voters are attached as
Exhibits A, B, and C, respectively.
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 City Clerk shall certify to the passage and adoption of this Resolution
and enter it into the book of original Resolutions.
VED AND ADOPTED th1° '''*' '°� ' OQQ PASSED, APPRO
ATTEST:
Deborah S. Traffenstedt, rty Clerk
Resolution No. 98 -1479
Page 3
EXHIBIT A
PRESERVATION OF OPEN -SPACE AND AGRICULTURAL USES
AND CREATION OF A MOORPARK CITY URBAN RESTRICTION BOUNDARY
FULL TEXT OF ORDINANCE
The people of the City of Moorpark do hereby ordain as follows:
Section 1. Title.
This measure shall be known as the Moorpark Preservation of Open -space And Agricultural
Uses And Creation of a Moorpark City Urban Restriction Boundary measure.
Section 2 Purpose and Findings
A. Purpose. The purpose of this measure is to adopt for the City of Moorpark an Urban
Restriction Boundary. The Moorpark City Urban Restriction Boundary (Moorpark CURB) line has
the following objectives:
1. To promote stability in long term planning for the City by establishing a cornerstone
policy within the General Plan designating the geographic limits of long term urban
development and allowing sufficient flexibility within those limits to respond to the City's
changing needs over time;
2. To encourage efficient growth patterns and protect the City of Moorpark's quality
of life by concentrating future development largely within existing planned areas consistent
with the availability of infrastructure and services;
3. To promote on lands outside the Moorpark CURB line continuing natural resource
and open space uses as defined in Government Code section 65560(b), such as preservation
of natural resources, public and private outdoor recreation, uses that foster public health and
safety, and productive investment for farming enterprises;
4. To manage the City's growth in a manner that fosters and protects the small town
and semi -rural character of Moorpark while encouraging appropriate economic development
in accordance with the City's unique local conditions; and
Resolution No. 98 -1479
Page 4
5. To allow the City to continue to meet its reasonable needs and requirements for all
economic segments of the population, particularly low and moderate income households, by
directing the development of housing into areas where services and infrastructure are more
efficiently available.
6. To ensure that the preservation and protection of (1) open space, (2)
environmentally sensitive habitat, and (3) agricultural production are inviolable against
transitory short-term decisions and that watershed, viewshed, open space, and agricultural
lands are not prematurely or unnecessarily converted to other non - agricultural or non -open
space uses without public debate and a vote of the people.
B. Findings,
1. Continued urban encroachment into open space, watershed, viewshed, or
agricultural areas may threaten the public health, safety and welfare by causing increased
traffic congestion, associated air pollution, and potentially serious water problems, such as
pollution, depletion, and sedimentation of available water resources not only for the City but
for its jurisdictional neighbors and may severely impact the viability of adjacent agricultural
lands. Such urban encroachment may eventually result in both the unnecessary, expensive
extension of public services and facilities and inevitable conflicts between urban, agricultural
and open space uses.
2. The unique character of the City of Moorpark and quality of life of City residents
depend upon the protection of a substantial amount of open space, rural and agricultural lands
and their associated visual resources. The protection of such lands not only ensures the
continued viability of agriculture, but also protects the available water supply and contributes
to flood control and the protection of wildlife, environmentally sensitive areas, and
irreplaceable natural and visual resources. As importantly adopting a geographic urban limit
line around the City of Moorpark would promote the formation and continuation of a
cohesive community by defining the boundaries and by helping to prevent urban sprawl Such
a boundary would promote efficient municipal services and facilities by confining urban
development to defined planned areas.
3. The protection of existing open - space, watershed, viewshed and agricultural lands,
within and surrounding the City of Moorpark is of critical importance to present and future
residents of the City of Moorpark. Agriculture has been and remains a major contributor to
the economy of the Moorpark area and County of Ventura, directly and indirectly creating
employment for many people and generating substantial tax revenues for the City and its
surrounding area.
Resolution No. 98 -1479
Page 5
4. The City of Moorpark with its unique combination of soils, micro- climate and
hydrology is a gate- keeper to Ventura County.
5. This initiative ensures that the Goals and Policies relating to Agriculture (Goal 11
and Policies 11.1 through 11.3) and Preservation of Environmental Quality (Goal 14 and 15)
and Policies 14.* through 14.6 and Policies 15.1 through 15.3, 15.5, and 15.8 of the General
Plan are inviolable against transitory short-term decisions and that agricultural, watershed and
open space lands are not prematurely or unnecessarily converted to other non - agricultural or
non -open space uses without public debate and a vote of the people. Accordingly, the
measure requires that until December 31, 2009, the City of Moorpark shall, with minor
exceptions, limit the provision of urban services, and creation of urban uses, other than in
certain circumstances and according to specific procedures set forth in the measure, to within
the City Urban Restriction Boundary created by the measure.
6 The CURB is not intended to and shall in no way inhibit the Local Agency
Formation Commission from changing or altering the Sphere of Influence line in accordance
with state law. While the Sphere of Influence line may be altered by the Local Agency
Formation Commission, and addresses the issue of annexation, the City Urban Restriction
Boundary is a local planning policy addressing the issue of land uses and shall not be changed
except as herein provided.
Section 3 General Plan Amendment,
The Moorpark Measure hereby inserts as "Section 8.0 ", et seq., to the Land Use Element of
the City of Moorpark General Plan. the following:
"8.0 MOORPARK CITY URBAN RESTRICTION BOUNDARY"
Introduction
The City of Moorpark has adopted an urban growth boundary line denominated the Moorpark
City Urban Restriction Boundary (Moorpark CURB). Its purpose, principals, implementation
procedures, and methodologies for amendment are set forth in this Section.
8.1 PURPOSE
The City of Moorpark is a component of Ventura County and a gate- keeper to the
surrounding area, with its unique combination of soils, micro- climate and hydrology.
Resolution No. 98 -1479
Page 6
The purpose of the Moorpark CURB is:
A. To promote stability in long term planning for the City by establishing a cornerstone
policy within the General Plan designating the geographic limits of long term urban
development and allowing sufficient flexibility within those limits to respond to the City's
changing needs over time;
B. To encourage efficient growth patterns and protect the City of Moorpark's quality of life
by concentrating future development largely within existing planning areas consistent with
the availability of infrastructure and services;
C. To promote on lands outside the Moorpark CURB line continuing natural resource and
open space uses as defined in Government Code section 65560(b), such as preservation of
natural resources, public and private outdoor recreation, uses that foster public health and
safety, and productive investment for farming enterprises;
D. To manage the City's growth in a manner that fosters and protects the "small town" and
semi -rural character of Moorpark while encouraging appropriate economic development in
accordance with the City's unique local conditions;
E. To allow the City to continue to meet its reasonable needs and requirements for all
economic segments of the population, particularly low and moderate income households, by
directing the development of housing into areas where services and infrastructure are more
efficiently available; and
F. To ensure that the preservation and protection of (I) open space, (2) environmentally
sensitive habitat, and (3) agricultural production are inviolable against transitory short-term
decisions and that watershed, viewshed, open space, and agricultural lands are not
prematurely or unnecessarily converted to other non - agricultural or non -open space uses
without public debate and a vote of the people.
8.2 PRINCIPLES.
A. Continued urban encroachment into open- space, viewshed, watershed and agricultural
areas may impair agriculture, negatively impact sensitive environmental areas, and intrude on open
space irrevocably changing its beneficial utility. By diminishing such beneficial uses, urban
encroachment may diminish the quality of life and threatens the public health, safety and welfare by
causing increased traffic congestion, associated air pollution, alteration of sensitive lands in flood
plains and causing potentially serious water problems, such as pollution, depletion, and sedimentation
of available water resources not only for the City of Moorpark but for its jurisdictional neighbors. Such
urban sprawl may eventually result in both the unnecessary, expensive extension of public services and
facilities and inevitable conflicts between urban and open space agricultural uses.
Resolution No. 98 -1479
Page 7
B. The unique character of the City of Moorpark and quality of life of City residents depend
on the protection of a substantial amount of open space, watershed and agricultural lands. The
protection of such lands through the implementation of this General Plan Amendment not only ensures
the continued viability of agriculture, but also protects the available water supply and contributes to
flood control and the protection of wildlife, environmentally sensitive areas, and irreplaceable visual
and natural resources. As importantly, adopting a City Urban Restriction Boundary around the City
of Moorpark will promote the formation and continuation of a cohesive community by defining the
boundaries and by helping to prevent urban sprawl. Such a City Urban Restriction Boundary will
promote efficient municipal services and facilities by confining urban development to defined
development areas.
8.3 IMPLEMENTATION OF CURB
A. The City of Moorpark hereby establishes and adopts a Moorpark City Urban Restriction
Boundary (Moorpark CURB) line. The City Urban Restriction Boundary is a local planning policy
addressing the issue of land uses and shall not be changed except as herein provided. The Moorpark
CURB shall be established coterminous with and in the same location as the Sphere of Influence line
established by the Local Agency Formation Commission as it exists as of, June 24,1998 plus the
Specific Plan 8 area described in the Land Use Element of the General Plan or as altered or modified
pursuant to the Amendment Procedures set forth below.
B. Until December 31, 2009, The City of Moorpark shall restrict urban services (except
temporary mutual assistance with other jurisdictions) and urbanized uses of land to within the
Moorpark City Urban Restriction Boundary, except as provided herein and except for the purpose of
completing roadways designated in the circulation element of the Moorpark General Plan as of January
1, 1999, construction of public potable water facilities, public schools, public parks or other
government facilities. Other than for the exceptions provided herein, upon the effective date of this
General Plan Amendment The City and its departments, boards, commissions, officers and employees
shall not grant, or by inaction allow to be approved by operation of law, any general plan amendment,
rezoning, specific plan, subdivision map, conditional use permit, building permit or any other
ministerial or discretionary entitlement, which is inconsistent with the purposes of this Section unless
in accordance with the Amendment Procedures of Section 8.4.
C. "Urbanized uses of land" shall mean any development which would require the
establishment of new community sewer systems or the significant expansion of existing community
sewer systems; or, would result in the creation of residential lots less than 20 acres in area; or, would
result in the establishment of commercial or industrial uses which are not exclusively
agriculturally- related.
D. The Moorpark City Urban Restriction Boundary may not be amended, altered, revoked or
otherwise changed prior to December 31, 2009, except by vote of the people or by the City Council
pursuant to procedures set forth in Section 8.4.
Resolution No. 98 -1479
Page 8
E. Implementation of this measure will in no way preclude the Moorpark City Council from
making land use decisions regarding lands inside the Moorpark City Urban Restriction Boundary.
8.4 AMENDMENT PROCEDURES
Until December 31, 2009, the foregoing Purposes, Principles and Implementation provisions
of this Section of the Land Use Element may be amended only by a vote of the people commenced
pursuant to the electoral process by the public, or pursuant to the procedures set forth below:
A. The City Council may amend the City Urban Restriction Boundary if it deems it to be in
the public interest, provided that the amended boundary is within or coextensive with the limits of said
City Urban Restriction Boundary.
B. The City Council, following at least one public hearing for presentations by an applicant and
by the public, and after compliance with the California Environmental Quality Act, may amend the City
Urban Restriction Boundary in order to comply with State regulations regarding the provision of
housing for all economic segments of the community, provided that no more than 10 acres of land may
be brought within the CURB for this purpose in any calendar year. Such amendment may be adopted
only if the City Council makes each of the following findings:
1) The City is in violation of State regulations regarding its fair share of housing stock;
and
2) The land is immediately adjacent to existing compatibly developed areas and the
applicant for the inclusion of land within the Urban Restriction Boundary has provided
to the City evidence that the Fire Department, Police Department, Department of
Public Works, the Community Services Department, applicable water and sewer
districts, and the School District with jurisdiction over such land have adequate
capacity to accommodate the proposed development and provide it with adequate
public services; and
3) That the proposed development will address the highest priority need identified in
the analysis by which the City has determined it is not in compliance with State
regulations, i.e., low and very low income housing; and
4) That there is no existing residentially designated land available within the Urban
Restriction Boundary to accommodate the proposed development; and
5) That it is not reasonably feasible to accommodate the proposed development by
redesignating lands within the Urban Restriction Boundary.
Resolution No. 98 -1479
Page 9
C. The City Council following at least one public hearing for presentations by an applicant and
by the public, and after compliance with the California Environmental Quality Act, may amend the
Urban Restriction Boundary described herein, if the City Council makes any of the following findings:
1) The land proposed for receiving urban services, urbanized land uses, or inclusion
within the Urban Restriction Boundary is immediately adjacent to areas developed in
a manner comparable to the proposed use;
2) Adequate public services and facilities are available and have the capacity and
capability to accommodate the proposed use;
3) The proposed use will not have direct, indirect, or cumulative adverse significant
impacts to the area's agricultural viability, habitat, scenic resources, or watershed
value;
4) The proposed use will not adversely affect the stability of land use patterns in the
area (i.e., the parcel affected will not introduce or facilitate a use that is incompatible
with adjoining or nearby uses);
5) The land proposed for reception of public services, urbanization or inclusion within
the Urban Restriction Boundary has not been used for agricultural purposes in the
immediately preceding 2 years and is unusable for agriculture due to its topography,
drainage, flooding, adverse soil conditions or other physical reasons;
6) The land proposed for reception of public services, urbanization or inclusion within
the Urban Restriction Boundary does not exceed more than an aggregate of 160 acres.
D. The City Council following at least one public hearing for presentations by an applicant
and by the public, and after compliance with the California Environmental Quality Act, may amend the
CURB if the City Council makes each of the following findings:
1) Failure to amend the CURB would constitute an unconstitutional taking of a
landowners property for which compensation would be required or would deprive the
landowner of a vested right; and
2) The amendment and associated land use designations will allow additional land uses
only to the minimum extent necessary to avoid said unconstitutional taking of the
landowner's property or to give effect to the vested right.
E. The City Council following at least one public hearing for presentations by an applicant and
by the public, and after compliance with the California Environmental Quality Act, may place any
amendment to the Urban Restriction Boundary or the provisions of this measure on the ballot pursuant
to the mechanisms provided by State Law.
Resolution No. 98 -1479
Page 10
F. The City Council may amend the CURB line location to encompass lands contemplated for
construction of public potable water facilities, public schools, public parks, or other government
facilities, all uses exempted from the provisions of this General Plan Amendment by the provisions of
Section 8.3, but only to the minimum amount reasonably necessary to accommodated said uses.
G. The City Council may reorganize, renumber or reorder the individual provisions of the
General Plan, including the provisions of this Section 8 sequence, in the course of ongoing updates
of the General Plan in accordance with the requirements of state law.
Section 4. Conforming Amendments.
In light of the General Plan Land Use Element amendments set forth above, the City of
Moorpark General Plan is hereby further amended as set forth below in order to promote internal
consistency among the various elements of the General Plan. Text to be inserted into the General
Plan is indicated in bold italic type while text to be stricken is presented in - type;
text in standard type currently appears in the General Plan and remains unchanged by this initiative.
Occasionally, ellipses [ * * *] are introduced to indicate significant blocks of text remain unchanged
within a section. The language adopted in the following conforming amendments may be further
amended as appropriate without a vote of the people in the course of future updates and revisions to
the General Plan provided the same are not amended in such a manner as to create inconsistencies
within the General Plan.
1. The last paragraph of Section 2.2 of the Land Use Element, at page 6 is amended as
follows:
The future development of lands surrounding the City boundary outside of the City
Urban Restriction Boundary is to be discouraged and generally shall not be permitted
in the absence a vote of the electorate. Other exceptions to this policy are found at
Section 8.4.
2. Policy 2.1 of the Land Use Element at page 11 is amended as follows:
The City shall strive to obtain and maintain sphere of influence boundaries consistent with the
City Urban Restriction Boundary.
3. Goal 11 of the Land Use Element at page 16 is amended as follows:
Identify and encourage the preservation of viable agricultural resources in the City and its Area
of Interest. Unless property has not been used for agricultural purposes in the immediately
preceding 2 years or is unusable for agriculture due to insufficient or inadequate water
supply, topography, drainage, flooding, adverse soil conditions or other physical reasons,
it shall be deemed viable.
Resolution No. 98 -1479
Page 11
4. Policy 11.1 of the Land Use Element at page 16 is amended as follows:
An agricultural land use designation should be retained for farmlands within the City's Area
of Interest, which have been identified as Prime and/or Statewide Importance unless the
property has not been used for agricultural purposes in the immediately preceding 2 years
or is unusable for agriculture due to insufficient or inadequate water supply, topography,
drainage, .flooding, adverse soil conditions or other physical reasons. as—long —as
econoirtically viable.
5. Section 5.2 SPECIFIC PLAN DESIGNATION - SP, of the Land Use Element, at page
28, is amended as follows:
Exhibits 3 and 4 of this document identify the location and the proposed land use mix of
specific plan areas 1, 2, 9, and 10, which are within the existing City limits and specific plan
area 8, which is within the unincorporated planning area. Specific plan area 3 (proposed
within the city limits) and specific plan areas 4, 5, 6, and 7 (proposed within the
unincorporated planning area) were studied but were found not to be appropriate for urban
development during the time period covered by this Land Use Element (year 2010 buildout)
and were not approved.
Specific plan areas 1, 2, 8, 9, and 10 have been delineated based on ownership, landform, and
circulation considerations.
6. Planning Area Land Use Plan Map, City of Moorpark General Plan, Land Use Element
Exhibit 4 is amended to demonstrate the Moorpark CURB line.
7. Section 5.2 SPECIFIC PLAN DESIGNATION - SP, of the Land Use Element, at page
35, at the subtitle "Planning Area Outside City Limits ", through page 37, comprising
approximately 20 paragraphs, is unchanged and remains in effect.
8. Section 6.0 of the Land Use Element, LAND USE PLAN STATISTICAL SUMMARY,
at page 38, is unchanged.
9.Table 3 of the Land Use Element at pages 39 -40 is unchanged.
10. Section 7.0 EM PLEMENTATION, of the Land Use Element, at Implementation Measure
16, at page 44, is amended as follows:
16. Ensure that all applications to the Ventura County Local Agency Formation
Commission (LAFCO) to amend the City's Sphere of Influence boundary, are
consistent with the approved Land Use Plan, and in particular the Moorpark City
Urban Restriction Boundary, to allow for proper planning within the probable,
ultimate physical boundaries and service area of the City.
Resolution No. 98 -1479
Page 12
Section 5. Insertion Date
A. This measure shall be deemed inserted as Section 8.0, et seq. of the Land Use Element of
the City of Moorpark's General Plan as an amendment thereof, and the Conforming Amendments of
Section 4 shall be appropriately inserted in the General Plan replacing the amended provisions on July
1, 1999.
B. The City of Moorpark General Plan in effect at the time the Notice of Intention to circulate
this measure was submitted to the City Clerk of Moorpark, and that General Plan as amended by this
measure, comprise an integrated, internally consistent and compatible statement of policies for the
City. In order to ensure that the City of Moorpark General Plan remains an integrated, internally
consistent and compatible statement of policies for the City as required by state law and to ensure that
the actions of the voters in enacting this measure are given effect, any provision of the General Plan
that is adopted between the submittal date and the date that this measure is deemed inserted into the
General Plan, shall, to the extent that such interim- enacted provision is inconsistent with the General
Plan provisions adopted by section 3 of this measure, be amended as soon as possible and in the
manner and time required by State law to ensure consistency between the provisions adopted by this
measure and other elements of the City's General Plan. In the alternative, such interim- enacted
inconsistent provision shall be disregarded.
Section 6. Severability.
This measure shall be interpreted so as to be consistent with all federal and state laws, rules,
and regulations. If any section, sub - section, sentence, clause, phrase, part, or portion of this measure
is held to be invalid or unconstitutional by a final judgment of a court of competent jurisdiction, such
decision shall not affect the validity of the remaining portions of this measure. The voters hereby
declare that this measure, and each section, sub - section, sentence, clause, phrase, part, or portion
thereof would have been adopted or passed even if one or more sections, sub - sections, sentences,
clauses, phrases, parts, or portions are declared invalid or unconstitutional. If any provision of this
measure is declared invalid as applied to any person or circumstance, such invalidity shall not affect
any application of this measure that can be given effect without the invalid application. This measure
shall be broadly construed in order to achieve the purposes stated in this measure. It is the intent of
the voters that the provisions of this measure shall be interpreted by the City and others in a manner
that facilitates the confinement of urban uses thereby protecting agricultural, open space and rural
lands, and preventing urban sprawl.
Section 7 Amendment or Repeal.
Except as otherwise provided herein, this measure may be amended or repealed only by the
voters of the City of Moorpark at an election held in accordance with state law.
Resolution No. 98 -1479
Page 13
Section $ Competing Measures,
In the event there are competing measures on the same ballot with this measure that purport
to address the same subject matter of this measure, the following rules shall apply: If more than one
such measure passes, then both measures shall go into effect except to the extent that particular
provisions of one measure are in direct, irreconcilable conflict with particular provisions of another
measure. In that event, as to those conflicting provisions only, the provisions of the measure which
received the most votes shall prevail.
ADOPTED BY THE ELECTORATE AT THE GENERAL MUNICIPAL ELECTION HELD
ON NOVEMBER 3, 1998
Resolution No. 98 -1479
Page 14
EXHIBIT B
AN ORDINANCE OF THE PEOPLE OF THE CITY OF MOORPARK, CALIFORNIA,
ADOPTING A SPECIAL TAX FOR OPEN SPACE ACQUISITION
WHEREAS, the City has historically relied upon development conditions and exactions to
insure that certain properties are retained as natural open space; and
WHEREAS, the City desires to acquire certain parcels of real property so as to insure they
remain as open space; and
WHEREAS, Proposition 218, in pertinent part, limits the imposition of most special
assessments and requires that special taxes be approved by a two - thirds vote of the people; and
WHEREAS, this ordinance provides for the enactment of a special property tax that will
provide a stable source of revenues to fund the acquisition of real property for a period of ten years
and in the approximate amount of one million dollars ($1,000,000.00) for each year; and
WHEREAS, pursuant to Government Code sections 37100.5 and 50075 and the California
Supreme Court decision in Heckendorn v. City of San Marino (1986) 42 Cal.3d 481, the City may
propose for adoption by the voters a special tax on parcels of property for open space land acquisition
purposes, provided that the tax rate is not applied to the assessed value of the property;
NOW, THEREFORE, THE PEOPLE OF THE CITY OF MOORPARK DO HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. Addition of Chapter 3.30. The Moorpark Municipal Code is hereby amended
by adding Chapter 3.30, entitled "OPEN SPACE ACQUISITION SPECIAL TAX ", to read as
follows:
Resolution No. 98 -1479
Page 15
"Chapter 3.30
OPEN SPACE ACQUISITION SPECIAL TAX
3.30.010 Definitions.
3.30.020 Establishment of the special tax.
3.30.030 Purpose of the special tax.
3.30.040 Establishment of a special fund.
3.30.050 Collection of the special tax.
3.30.060 Exempt property.
3.3 0.070 Expiration of the special tax.
3.30.080 Amendment of this chapter.
"3.30.010 Definitions.
As used in this chapter, the following words and phrases shall have the following
meanings:
"Acquisition" shall mean purchase of fee title, easements or development rights or lease
for twenty (20) years or longer.
"City" shall mean the City of Moorpark.
"City Council" shall mean the City Council of the City of Moorpark.
"County" shall mean the County of Ventura.
"Land use classification" shall mean the use code that is applied to a parcel of property
located within the City by the county assessor as of July 1 for the fiscal year in which the
special tax is imposed.
Resolution No. 98 -1479
Page 16
"Parcel of property" shall mean a unit of real property as shown in the records of the
county tax assessor as of July 1 for the fiscal year in which the special tax is imposed.
"Open Space" shall mean real property that would be acquired by the city and that is
intended by the city to remain as open space as such is defined in Government Code Section
65560 (b)(1),(2),(3), or (4).
"3.30.020 Imposition of the special tax,
A. Annually, commencing with fiscal year 1999 -2000 and ending with fiscal year 2008-
2009, a special tax shall be imposed on each parcel of property within the city that is classified
as set forth in subsection B at the maximum rate specified in subsection B.
B. The classifications and maximum rates shall be as follows:
Resolution No. 98 -1479
Page 17
Maximum Rate
Land Use Category
$79.80
Single Family Residence
$59.85
Mobile Home and Trailer Parks; Residential Income (2 - 4 units);
Condominium; Apartments (5+ units) - PER UNIT
$116.51
Business: Petroleum and Gas; Auto Sales/Repair
$232.22
Agricultural and Business: Poultry; Flowers/Seed Production; Orchards;
Truck Crops; Pasture of Graze (Dry); Field Crops (Dry); Feed Lots; Tree
Farms; Theater; Pasture (Permanent)
$348.73
Retail Stores (Single Story); Store and Office (Combination); Banks/Savings
and Loans; Industrial Condos/Co- Ops/PUDs; Office Building (Single Story);
Mineral Processing; Service Stations; Restaurants/Cocktail Lounges
$465.23
Warehousing
$697.45
Retail Stores (Multi- Story); Office Stores (Multi- Story);
$1161.89
Shopping Centers (Neighborhood)
$1394.90
Light Manufacturing
$3486.46
Shopping Centers (Regional)
C. For any fiscal year that the special tax is in effect, the city council may, by resolution,
levy the special tax at rates that are less than the maximum rates specified in subsection B,
provided that all of the rates are adjusted proportionately, so that the relationship between the
rates for the various classifications remains constant. A reduction in the rates for one fiscal
year shall not prevent the City Council from levying the special tax at the maximum rates
specified in subsection B for any one or more of the succeeding years. In no event may the
City Council levy the special tax at rates that exceed the maximum rates specified in subsection
Resolution No. 98 -1479
Page 18
D. The special tax imposed by this section shall be a flat dollar amount on the parcel and
shall not be measured by the value of the property.
"3.30.030 Purpose of the special tax.
The purpose of the special tax is to provide revenues to the city to pay for:
1. The costs associated with the acquisition of real property. The real property may
either be in the City or in the City's "Area of Interest" as such is shown in the City's
General Plan as of June 30, 1998; and
2. The costs associated with maintaining the properties acquired with the proceeds of this
special tax; and
3. The costs of administering and enforcing the special tax, including refunds.
"3.30.040 Establishment of a special fund,
A. A special fund, entitled the "Open Space Acquisition Special Tax Fund ", is hereby
established. All of the revenues collected pursuant to this chapter shall be deposited into the
special fund and that money and any interest that accrues thereon shall be used exclusively for
the purposes specified in this chapter and for no other purpose whatsoever. Any money in the
special fund, including accrued interest, that remains unencumbered at the end of any fiscal
year shall be used in succeeding fiscal years only for the purposes specified in this chapter.
B. Nothing in subsection A. shall prevent disbursements from the special fund to
reimburse the general fund if, and only if, money has been advanced from the general fund to
pay for the purposes provided for in this chapter.
C. Nothing in Subsection A. shall prevent the subsequent sale of any real property
acquired with any money from the special fund so long as the proceeds of such
Resolution No. 98 -1479
Page 19
sale are used for the purposes provided for in this chapter.
"3.30.050 Collection of the special tax
A. The city council shall provide for the collection of the special tax imposed pursuant
to this chapter in the same manner, on the same dates, and subject to the same penalties as, or
with, other charges and taxes fixed and collected by the city or by the county on behalf of the
city. If the special tax is collected by the county on behalf of the city, the county may deduct
its reasonable costs incurred for the service before remitting the balance to the city.
B. The special tax, together with all penalties thereon, shall constitute a lien upon the
parcel of property against which it is levied until it has been paid in full, and the tax, together
with all penalties thereon, shall constitute a personal obligation to the city until paid in full by
the persons owning, claiming, possessing or controlling the parcel.
"3.30.060 Exempt property.
The special tax imposed by this chapter shall not be levied on any parcel of property that
is owned by any federal, state or local governmental entity or on any other parcel of property
if such levy would otherwise be in violation of the Constitution of the United States or the
Constitution of the State of California.
"3.30.070 Expiration of the special tax.
The special tax imposed by this chapter shall expire as of July 1, 2009 and this chapter
shall be inoperative and shall have no effect on and after that date, unless imposition of the
special tax beyond the 2008 -2009 fiscal year is sooner extended. Imposition of the special tax
may only be extended with the approval of the electorate by a two - thirds vote, unless the
applicable law at the time of the election authorizes a lesser number of votes or does not
Resolution No. 98 -1479
Page 20
require a vote.
"'t 30 080 Amendment of the chapter.
The procedural provisions of this chapter may be amended, from time to time, by an
ordinance duly enacted by a majority vote of the members of the City Council, provided that
the amendment is consistent with the intent of the ordinance by which this chapter was
originally enacted."
SECTION 2. Effective Date. This ordinance shall be adopted if approved as an initiative
measure by two - thirds (2/3) of the electorate voting at an election to be held on November 3, 1998.
This ordinance shall be effective 10 days following the date upon which the City Council declares by
resolution the vote of the general election held on November 3, 1998.
SECTION 3. Section Headings. All section headings contained in this ordinance are for
convenience of reference only and are not intended to define or limit the scope of any provision hereof.
SECTION 4. severabi li . If any section, subsection, sentence, clause, phrase, part or portion
of this ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect
the validity of the remaining sections, subsections, sentences, clauses, phrases, parts and portions
thereof. The people hereby declare that they would have adopted this ordinance and each section,
subsection, sentence, clause, phrase, part and portion thereof irrespective of the fact that any one or
more sections, subsections, sentences, clauses, phrases, parts or portions be declared invalid or
unconstitutional.
ADOPTED BY THE ELECTORATE AT THE GENERAL MUNICIPAL ELECTION HELD
ON NOVEMBER 3, 1998.
Resolution No. 98 -1479
Page 21
EXHIBIT C
AN ORDINANCE OF THE PEOPLE OF THE CITY OF MOORPARK,
CALIFORNIA, ADOPTING A SPECIAL TAX FOR LEGAL DEFENSE COSTS
WHEREAS, the residents of the City of Moorpark will vote on one or more initiative
measures at the November 3, 1998 election; and
WHEREAS, the City is required by the laws of the State of California to defend any and all
challenges against local voter approved initiatives; and
WHEREAS, the City or Moorpark does not have sufficient funds available to pay for the legal
costs that will result from court challenges to any initiative without negatively affecting the provision
of City services; and
WHEREAS, Proposition 218 was adopted as an initiative measure at the general election that
was held on November 5, 1996; and
WHEREAS, Proposition 218, in pertinent part, limits the imposition of most special
assessments, and requires that special taxes be approved by a two - thirds vote of the people; and
WHEREAS, this ordinance provides for the enactment of a one time special property tax that
will pay for the estimated cost of potential legal challenges to any initiative measure approved at the
November 3, 1998 election;
WHEREAS, pursuant to Government Code sections 37100.5 and 50075 and the California
Supreme Court decision in Heckendorn v. City of San Marino (1986) 42 Cal.3d 481, the City may
propose for adoption by the voters a special tax on parcels of property for general purposes, provided
that the tax rate is not applied to the assessed value of the property;
Resolution No. 98 -1479
Page 22
NOW, THEREFORE, THE PEOPLE OF THE CITY OF MOORPARK DO HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. Addition of Chanter 3.31. The Moorpark Municipal Code is hereby amended by
adding Chapter 3.3 1, entitled "LEGAL DEFENSE SPECIAL TAX", to read as follows:
"Chapter 3.31
LEGAL DEFENSE SPECIAL TAX
Sections:
3.31.010
Definitions.
3.31.020
Establishment of the special tax.
3.31.030
Purpose of the special tax.
3.31.040
Establishment of a special fund.
3.31.050
Collection of the special tax.
3.31.060
Exempt property.
3.31.070
Expiration of the special tax.
3.31.080
Amendment of this chapter.
3.3 1. 010 Definitions.
As used in this chapter, the following words and phrases shall have the following
meanings:
"City" shall mean the City of Moorpark.
"City Council" shall mean the City Council of the City of Moorpark.
"County" shall mean the County of Ventura.
"Initiative Measures" shall mean any measure placed before the voters at the November
3, 1998 General Election that addresses the City's General Plan.
Resolution No. 98 -1479
Page 23
"Land use classification" shall mean the use code that is applied to a parcel of property
by the county assessor as of July I of the fiscal year in which the special tax is imposed.
"Legal defense" shall mean all attorneys' fees, court costs and other direct costs
associated with legal challenges to Initiative Measures, including but not limited to the
retention of expert witnesses and creation of an administrative record.
"Parcel of property" shall mean a unit of real property as shown in the records of the
county assessor as of July 1 of the fiscal year in which the special tax is imposed."
"3.31.020 Im..position of the special tax
A. During the fiscal year following final disposition of any legal challenge to one or more
Initiative Measures, a special tax shall be imposed on each parcel of property within the city
that is classified as set forth in subsection B at the rate specified in subsection B.
B. The classifications and maximum rates shall be as follows:
Resolution No. 98 -1479
Page 24
Maximum Rate
Land Use Classifications
$40.00
Single Family Residence
$30.00
Mobile Home and Trailer Parks;
Residential Income(2 -4 Units);
Condominium; Apartments(5+ Units) -PER UNIT
$59.00
Business: Petroleum and Gas; Auto Sales/Repair
$116.00
Agricultural and Business: Poultry; Flowers/Sees Production;
Orchards; Truck Crops; Pasture of Graze (Dry); Field Crops
(Dry); Feed Lots; Tree Farms; Theater; Pasture (Permanent)
$175.00
Retail Stores (Single Store); Store and Office (Combination);
Banks /Savings and Loans; Industrial Condos/ Co- Ops/PUDs;
Office Building (Single Store); Mineral Processing; Service
Stations; Restaurants/Cocktail Lounges
$233.00
Warehousing
$349.00
Retail Stores (Multi- Store); Office Stores (Multi- Store)
$580.00
Shopping Centers (Neighborhood)
$698.00
Light Manufacturing
$1,743.00
Shopping Centers (Regional)
C. For the fiscal year that the special tax is in effect, the city council shall, by resolution,
levy the special tax at rates that do not exceed the maximum rates specified in subsection B,
provided that all of the rates are adjusted proportionately, so that the relationship between the
rates for the various classifications remains constant. In no event may the city council levy
the special tax at rates that exceed the maximum rates specified in subsection B.
Resolution No. 98 -1479
Page 25
D. The special tax imposed by this section shall be a flat dollar amount on the parcel and
shall not be measured by the value of the property.
"3.31.030 Purpose of the special tax.
The purpose of the special tax is to provide revenues to the city in an amount not to
exceed Five Hundred Thousand Dollars ($500,000.00) to pay for:
2. the costs associated with defending legal challenges to the initiative.
3. The costs of administering and enforcing the special tax, including refunds.
"3.31.040 Establishment of a special fund,
A. A special fund, entitled the "Legal Defense Special Tax Fund," is hereby
established. All of the revenues collected pursuant to this chapter shall be deposited into the
special fund and that money and any interest that accrues thereon shall be used exclusively for
the purposes specified in this chapter and for no other purpose whatsoever.
B. Nothing in subsection A shall prevent disbursements from the special fund to
reimburse the general fund if, and only if, money has been advanced from the general fund to
pay for the purposes provided for in this chapter.
"3.31.050 Collection of the special tax
A. The city council shall provide for the collection of the special tax imposed
pursuant to this chapter in the same manner, on the same dates, and subject to the same
penalties as, or with, other charges and taxes fixed and collected by the city or by the county
on behalf of the city.
B. The special tax, together with all penalties thereon, shall constitute a lien upon
the parcel of property against which it is levied until it has been paid in full, and the tax,
Resolution No. 98 -1479
Page 26
together with all penalties thereon, shall constitute a personal obligation to the city until paid
in full by the persons owning, claiming, possessing or controlling the parcel.
"3.31,060 Exempt properly.
The special tax imposed by this chapter shall not be levied on any parcel of property that
is owned by any federal, state or local governmental entity or on any other parcel of property
if such levy would otherwise be in violation of the Constitution of the United States or the
Constitution of the State of California.
"3.31.070 Expiration of the special tax.
The special tax imposed by this chapter shall be levied for one fiscal year only and shall
expire after the one fiscal year in which the special tax levy is established by the city council.
Imposition of the special tax may only be extended with the approval of the electorate by a
two- thirds vote, unless the applicable law at the time of the election authorizes a lesser number
of votes or does not require a vote.
"3.31.080 Amendment of the chanter.
The procedural provisions of this chapter may be amended, from time to time, by an
ordinance duly enacted by a majority vote of the members of the city council, provided that
the amendment is consistent with the intent of the ordinance by which this chapter was
originally enacted."
Resolution No. 98 -1479
Page 27
SECTION 2. Effective Date. This ordinance shall be adopted if approved as an initiative
measure by two - thirds (2/3) of the electorate voting at an election to be held on November 3, 1998.
This ordinance shall be effective 10 days following the date upon which the City Council declares by
resolution the vote of the general election held on November 3, 1998.
SECTION 3. Section Headings. All section headings contained in this ordinance are for
convenience of reference only and are not intended to define or limit the scope of any provision hereof.
SECTION 4. Severab i ' . If any section, subsection, sentence, clause, phrase, part or portion
of this ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect
the validity of the remaining sections, subsections, sentences, clauses, phrases, parts and portions
thereof. The people hereby declare that they would have adopted this ordinance and each section,
subsection, sentence, clause, phrase, part and portion thereof irrespective of the fact that any one or
more sections, subsections, sentences, clauses, phrases, parts or portions be declared invalid or
unconstitutional.
ADOPTED BY THE ELECTORATE AT THE GENERAL ELECTION HELD ON
NOVEMBER 3, 1998.
Resolution No. 98 -1479
Page 28
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss.
CITY OF MOORPARK )
I, Deborah S. Traffenstedt, City Clerk of the City of Moorpark, California, do hereby certify under
penalty of perjury that the foregoing Resolution No. 98 -1479 was adopted by the City Council of the
City of Moorpark at a meeting held on the 24th day of June, 1998, and that the same was adopted by
the following vote:
AYES: Councilmembers Evans, Perez, Teasley, Wozniak and Mayor Hunter
NOES: None
ABSENT: None
ABSTAIN: None
WITNESS my hand and the official seal of said City this 25th day of June, 1998.
CA0 WP60\RESOLU-11981479. WPD
Deborah S. Traffenstedt, City Clerk