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Home My WebLink AboutRES CC 2005 2405 2005 1005RESOLUTION NO. 2005 -2405 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 2 (the "Amendment ") to the Plan for the the Plan's eminent domain authority for a (pursuant to CCRL Section 33333.4(g)(2)), may not include authority to acquire pi specific land uses; and proposed Amendment No. purpose of reinstating maximum 12 -year period which Amendment may or - operty not limited to Resolution No. 2005 -2405 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 a1.; 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 Resolution No. 2005 -2405 Page 3 WHEREAS, the City Clerk presents to the City Council the results of the PAC election and the candidates, which were 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 City Council hereby forms the PAC for the Amendment. SECTION 7. The City Council directs Agency staff and advisors to consult with and obtain the advice of the PAC regarding the Amendment. Resolution No. 2005 -2405 Page 4 SECTION 8. The City Clerk shall ce ify to t e ad P ption of this resolution and shall cause a cer fied resold} ion to be filed in the book or original resol /l PASSED AND ADOPTED on th,4 5th da§ ofJOctoAer/ 200 ck Hunted', Mayor ATTEST: Deborah S. Traffenste , City Clerk Attachment A - Official Tally Sheet, Redevelopment Project Area Committee Election, September 15, 2005 Resolution No. 2005 -2405 Page 5 ATTACHMENT A OFFICIAL TALLY SHEET Redevelopment Project Area Committee Election, September 15, 2005 Proposed Amendment No. 2 to the Redevelopment Plan for the Moorpark Redevelopment Project CANDIDATES ELECTION NIGHT I VOTE ABSENTEE VOTE TOTAL VOTES RESIDENTIAL OWNER- OCCUPANTS Drew LeProhon 2 2 Jason E. Salas 1 1 2 James D. Whitaker 6 4 10 BUSINESS OWNERS Bob Gehricke 5 5 Ronald D. Krepel 15 7 22 John W. Newton 7 7 Renita Anne Smith 0 Colin Velazquez 14 15 29 William "Will" L. Whitaker 15 17 32 COMMUNITY ORGANIZATIONS Jay Flashner, Area Housing Authority of the County of Ventura 10 7 17 IN WITNESS WHEREOF, 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. "D� DEBORAH S. TRAFFENS DT City Clerk City of Moorpark Resolution No. 2005 -2405 Page 6 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. 2005 -2405 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 5th day of October, 2005, and that the same was adopted by the following vote: AYES: Councilmembers Harper, and Mayor Hunter NOES: None ABSENT: None ABSTAIN: None Mikos, Milihouse, Parvin WITNESS my hand and the official seal of said City this 14th day of October, 2005. Deborah S. Traffenste t, City Clerk (seal)