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HomeMy WebLinkAbout6118_CCv0001.pdf RESOLUTION NO. 6118 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS ADOPTING PROCEDURES FOR FORMING AND ELECTING A PROJECT AREA COMMITTEE WHEREAS, Section 33385(a)(1) of the California Health and Safety Code (the "CRL") provides that the City Council of the City of Redlands (the "City Council") call for the formation of a project area committee (a "PAC") if a substantial number of low- and moderate-income persons reside in a redevelopment project area and a redevelopment plan, as adopted, will contain authority for a redevelopment agency to acquire, by eminent domain, property on which any persons reside, or if a proposed public project will displace a substantial number of low or moderate income persons, and; WHEREAS, CRL Section 33385(d)(1) requires the City Council to adopt City-wide procedures for filing for election to a PAC and conducting said elections after a duly noticed public hearing; and, WHEREAS, the staff of the Redevelopment Agency of the City of Redlands has prepared such procedures in draft form for review by the City Council, which are attached hereto as Exhibit "A"; and, WHEREAS, the City Council held a duly noticed public hearing on January 21, 2003, to review said procedures. NOW THEREFORE, IT IS HEREBY RESOLVED by the City Council as follows: SECTION 1: The City Council hereby adopts, as the procedures for formation of the Project Area Committee, the document attached hereto as Exhibit "A" and made a part hereof. PASSED AND ADOPTED this 215' day of January 2003. Karl N. Haws, Mayor City of Redlands ATTEST: Lorrie, oyzer, Citi .j City`of Redlands i EXHIBIT "A" Redevelopment Agency Of the City of Redlands PROJECT AREA COMMITTEE FORMATION AND ELECTION PROCEDURES EXHIBIT 'A' REDEVELOPMENT AGENCY OF THE CITY OF REDLANDS Project Area Committee Formation and Election Procedures Prior to calling for the formation of a Project Area Committee (a 'PAC") in any existing or proposed redevelopment project area, including territory to be added thereto (the 'Project Area"), the Community Redevelopment Law (Health and Safety Code Section 33000 et seq.; the "CRL") requires the City Council to establish a procedure for the formation of a PAC and election of PAC members. Under the law, the procedure is required to describe the method and timing of the formation of the PAC, including the method and procedure for giving notice to the public regarding formation of the PAC. Procedures regarding the election of PAC members must also be adopted after a public hearing before the City Council. 1.0 DEFINITIONS For the purposes of these Project Area Committee Formation and Election Procedures (the "Procedures"). 1. "Agency" means the Redevelopment Agency of the City, a public body, corporate and politic, which exercises powers as a redevelopment agency under the CRL. 2. "Business" means 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 (a "Retail Business"); (ii) the manufacture, processing, or marketing of products, commodities or any other personal property (a "Manufacturing Business"); or (iii) the sale of services to the public (a "Service Business"). Business also includes any property owner who is a Person who owns real property in the Project Area, but who does not use the real property as a primary residence. Such real property includes, residential, non-owner occupied property, industrial property, retail property, and other commercial property, but shall not include vacant property. 3. "City" means the City of Redlands, California, a municipal corporation. 4. "City Council" means the City Council of the City, exercising powers as the legislative body under the CRL. 5. "Community Organization's means any private nonprofit organization of persons organized for religious, entrepreneurial, scientific, educational, literary or other purposes, which provides services to the Project Area, its residents. businesses or tenants, or draws membership from the Project Area. Community organization does not include governmental agencies. 6. "Membership Category" means a group of voters or Project Area Committee members made up only of Businesses, Community Organizations. Residential Owner-Occupants, or Residential Tenants. _ 1 . 7. "Person" means. but is not limited to, an individual, household. family, proprietorship, partnership, business trust, joint venture, syndicate, corporation, limited liability company, or association. 8. `Project Area" means any Redevelopment Project Area in the City for which a Preliminary Plan has been adopted pursuant to Health and Safety Code Section 33320. 9. "Project Area Committee" or "PAC" means the committee formed and selected in accordance with Section 33385 et seq. of the CRL and these Procedures. 10. "Resident" means a Residential Owner-Occupant or Residential Tenant in the Project Area. 11. "Residential Owner-Occupant' means a person who owns a dwelling unit in the Project Area and occupies such dwelling unit as a permanent residence and usual place of abode. 12. "Residential Tenant' means a person who rents a dwelling unit in the Project Area pursuant to a rental agreement and has occupied such dwelling unit as a permanent residence and usual place of abode for not less than twenty-nine (29) days prior to the PAC election meeting. 2.0 PAC FORMATION REQUIREMENTS According to the CRL, a PAC shall be formed where a substantial number of low- and/or moderate-income persons reside in the Project Area, and either there is eminent domain authority in the Redevelopment Plan with respect to property on which any persons reside, or there is one or more public projects proposed that could displace a substantial number of low- and/or moderate-income persons. 3.0 NOTIFICATION AND MEETINGS 1. Agency staff shall conduct at least one public meeting to explain the establishment of, function of, and opportunity to serve on the PAC. This meeting shall be conducted at least two weeks, but no more than four weeks, prior to the meeting at which PAC members are elected. At the meeting, the Agency shall distribute copies of these Procedures, Sections 33347.5, 33366, and 33385 through 33388 of the CRL, the Preliminary Plan or Redevelopment Plan as appropriate, or the pertinent portions thereof, materials relating to the disclosure of economic interests in the Project Area, applications for PAC membership, and any other materials the Agency determines would be useful. 2. The Agency shall publish notice of each meeting, hearing or election relative to the formation and selection of the PAC at least one time in a newspaper of general circulation in the City at least ten days prior to the date for each meeting, hearing or election. Alternatively, the Agency may publish notice once with all dates for meetings, hearings and elections. The notice shall include: • The date, time and place of each meeting, hearing or election. • The identity of each body conducting such meeting, hearing or election. • A general explanation of the matters to be considered. • A general description of the Project Area in text or by diagram. -2 - • A statement that a PAC will be formed for the Project Area. • A general description of the duties of PAC members. • A general statement of the criteria for eligibility to vote for PAC members and serve on the PAC. 3. The Agency shall provide written notice, at least 30 days prior to election, of the PAC formation meeting and opportunity to serve on the PAC via first class mail to all mailing addresses in the Project Area, regardless of whether such addresses are business or residential properties, whether they are occupied by owners or tenants, and shall include all reasonably identifiable community organizations serving the Project Area. The written notice shall briefly explain the reasons why the PAC is being formed, where copies of the Preliminary Plan or Redevelopment Plan as appropriate, or pertinent portions thereof, may be obtained. where PAC membership applications may be obtained, and where information regarding financial disclosure and other pertinent PAC information may be obtained. The written notice shall also include a map of the Project Area and a schedule of meetings for the formation of the PAC and election of PAC members. 4.0 COMPOSITION OF THE PAC According to the CRL, the PAC shall be representative of the Project Area. The CRL does not provide a definition of "representative;" therefore, the composition of the PAC shall be based upon each group's proportionate share of business or residential units in the Project Area and thereafter adjusted so that no group forms a majority. The maximum and minimum number of people to be elected to the PAC and the number of PAC members to be elected from each Membership Category shall be set by separate resolution of the City Council at the time the City Council calls for the formation of the PAC. 5.0 NOMINATION OF PAC MEMBERS 1. Each candidate for PAC membership must submit a completed PAC Application to the Agency, which Application must be received by the Agency by 5100 p.m. two business days before the scheduled PAC election. A copy of the PAC Application is attached as Attachment "A" and is incorporated herein by this reference. All PAC Applications submitted shall be available to the general public for review at the Redevelopment Agency of the City of Redlands, P.O. Box 3005, 35 Cajon Street, Suite 20, Redlands, California 92373, beginning on the business day following submittal. All PAC Applications shall be available at the election meeting. 2. Each Community Organization elected to serve on the PAC shall appoint one of its members to serve on the PAC. An alternate may also be appointed to serve on the PAC in the event that the original representative is unable to attend a PAC meeting. However, in no event shall more than one member of the Community Organization attend the PAC meetings in a representative capacity. 3. If an insufficient number of nomination forms for any particular Membership Category is received by the Agency, then individuals who otherwise meet the requirements for PAC membership may nominate themselves to PAC membership from the appropriate Membership Category at the election meeting. - 3- 4. A PAC may be formed if between no more than the maximum and no less than the minium number of PAC members determined pursuant to Section 4.0 may be elected to the PAC pursuant to these procedures. 6.0 CANDIDATE AND VOTER ELIGIBILITY 1. Those eligible to vote in the PAC election and/or to be PAC members shall be eighteen (18) years of age or older and shall be a member of at least one Membership Category, 2. Candidates for PAC membership and voters must certify that they are eligible to serve as PAC members or to vote. as appropriate. Candidates for membership shall do this by filling out and signing a PAC eligibility certificate at the time PAC membership applications are submitted, or a nomination is made pursuant to Section 5.3, at the PAC election meeting. Eligible voters must certify that they are eligible to vote for PAC members by signing a PAC eligibility certificate either before or at the PAC election meeting. Said certificate is attached as Attachment "B", and is made a part hereof by this reference. 3. Only one designated representative of a particular Community Organization may cast a vote for Community Organization representatives, and only one designated member each of any Community Organization may be elected as a PAC member representing Community Organizations, 7.0 ELECTION OF PAC MEMBERS 1. At the time and place of the meeting held to elect the PAC, the Agency shall provide a second briefing to attendees on election procedures, PAC roles and duties, how individuals may participate, disclosure requirements, and the provisions of the Ralph M. Brown Act (Government Code Section 54950. et seq.). 2. The staff of the Agency shall supervise the PAC election and shall record all results thereof. 3. Attendees who wish to participate in the election of PAC members shall then divide into their respective Membership Categories and shall elect by ballot the number of PAC members permitted in Section 4.0 for their Membership Category. Each voter may vote in only one Membership Category, and any individual voting in more than one Membership Category is prohibited. Each voter may vote for up to the number of members permitted for the respective Membership Category. The Agency shall provide ballot forms and other materials necessary to conduct the election. Prior to the election, each candidate may briefly state his or her background and why he or she wishes to be on the PAC. 4. The Agency staff shall then count the ballots for each of the Membership Categories, and shall announce the names of the appropriate number of candidates who received the greatest number of votes for each Membership Category. Those who received the greatest number of votes shall be named to the PAC. For instance, if there are to be two representatives in a certain category, then the two candidates receiving the highest number of votes in that category shall be named members of the PAC. If a runoff is necessary, it shall be announced and held immediately. -4 - 5. If, at the time of formation of the PAC, an insufficient number of candidates are elected to represent each Membership Category on the PAC. such seats may remain vacant until qualified and eligible candidates are selected in the manner provided by Section 10.7 of these Procedures, so long as there is no fewer than the minimum number of members determined pursuant to Section 5.0. 6. Until such time as vacant seats on the PAC have been filled, 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, provided this complies with the requirements contained in Section 5.0 of these Procedures. 7. If fewer than the minimum number of candidates set by the City Council pursuant to Section 4.0 of these Procedures are elected, then the Agency shall make a second attempt to secure a PAC by conducting an additional election. The additional election shall be noticed through a newspaper publication, as specified in Section 3.2 of these Procedures_ In addition, at least two weeks prior to the additional election the Agency shall mail written notice of the opportunity to serve on the PAC in a manner pursuant to Section 3.3. Those elected to the PAC in the first election shall retain their seats, and the second election shall only be to fill vacant seats. 8. If, following the second election, fewer than the minimum number of candidates set by the City Council pursuant to Section 4.0 of these Procedures are elected, then the PAC shall not be formed, 8.0 PRESENTATION OF PAC TO CITY COUNCIL Agency staff shall present the results of the PAC election to the City Council at a regular meeting of the City Council following the PAC election, which date shall be announced at the PAC election meeting. The City Council shall adopt a finding that 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 as set forth below. 9.0 CHALLENGES TO THE PAC ELECTION 1. Any challenges to the election of the PAC or a PAC member or to an electoral procedure must be filed with the City Clerk within 15 days of the PAC election. The City Council shall act on the validity of the challenge to the election within 30 days of the election. If there are no challenges to the election, then within 30 days of the election the City Council shall declare the election valid and shall direct the Agency to convene the PAC within 30 days. 2. If there is a valid challenge to the election of an individual PAC member, the un- elected candidate with the largest number of votes shall take office. If there is a valid challenge to a PAC category, then the City Council shall direct Agency staff to reconvene the PAC election meeting within 45 days. All notifications and meetings with regard to the category shall be redone pursuant to these guidelines. -5 - 10.0 PAC DUTIES AND PROCEDURES The PAC shall advise the Agency concerning policy matters that deal with the planning and provision of residential facilities or replacement housing for those who may be displaced by project activities. At the request of the Agency, the PAC additionally may advise the Agency on other policy matters that affect the residents.. businesses; and/or community organizations in the Project Area- 11. rea_1. Meeting dates and agendas shall be posted in a public place in the manner provided for by law. 2. Meetings of the PAC shall be open to the public, and minutes shall be taken and provided to the Agency. 3. Minutes and records of the PAC shall be open to public inspection. 4. All meetings of the PAC shall be subject to the Ralph M. Brown Act (Government Code Section 54950 et seq.). 5. PAC members shall be required to file financial disclosure and conflict of interest statements with the City Clerk in the manner required by law and pertinent City of Redlands ordinances, policies and/or procedures. 6. The PAC shall adopt its own by-laws and shall conduct its business according to those by-laws and Robert's Rules of Order. The by-laws shall provide for public comments at meetings. business procedures, acceptable absences to not exceed four in one calendar year, voting procedures, and other pertinent matters. The by-laws also shall define a quorum as being a majority of filled seats, 7. If, after the formation of the PAC, a vacancy occurs on the PAC, the vacancy shall be filled by the unelected candidate within the appropriate category of the PAC who received the largest number of votes in the PAC formation election. In the event that there is no such unelected candidate available to fill such vacancy, the PAC may call for a new election to fill such vacancy in the manner provided above, unless the PAC determines that a new election would be infeasible or futile due to such factors as the past 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 proposed Redevelopment Plan. If an election is judged infeasible, the PAC may appoint a person who otherwise is eligible to serve on the PAC in the appropriate Membership Category. 8. The PAC shall advise the Agency throughout the period during which the Redevelopment Plan or amendment thereto is being formulated, and for a period of three years after adoption of the Redevelopment Plan or amendment thereto, subject thereafter to one year extensions by the City Council. 9. The PAC shall review all documents pertinent to the formulation of the Redevelopment Plan or the Redevelopment Plan Amendment (including any amendments thereto), including as appropriate, the Preliminary Report.. the Redevelopment Plan itself, any environmental documents, and all other appropriate supporting and explanatory material. The PAC may make a recommendation to the Agency relative to whether the Redevelopment Plan or -6- amendment thereto should be adopted, and any changes that should be made to it. 10. The members of the PAC shall serve without compensation. Attachment "A" City of Redlands PROJECT AREA COMMITTEE MEMBERSHIP APPLICATION Thank you for your interest in applying for election to the Project Area Committee for the XXXX Redevelopment Plan. Please fill out the following form. It will be made available to voters before the PAC election. I, hereby volunteer to run for election to the Project Area Committee for the XXXX Redevelopment Plan at the election to be held on March 6, 2003. 1 would like to be elected for the following Membership Category, and certify that within the Redevelopment Project boundaries, I am a: (choose only one category to represent) ❑ Business - 1 am a Business owner or an authorized representative of a Business, or I own property that is not my residence. The name and address of the business or property is: ❑ Residential Owner/Occupant - I am a Residential Owner/Occupant, because I own and reside in residential property as my permanent residence. My property is located at the following address: ❑ Residential Tenant - I am a Residential Tenant, because I rent a dwelling unit and have occupied the dwelling unit as my permanent residence for more than 29 days. I reside at the following address: ❑ Community Organization - I am a member of a Community Organization that provides services to the Project Area, its residents. businesses or tenants, or draws membership from the Project Area. I have a letter from the organization authorizing me to represent it, a copy of which is attached hereto. The name, address, and services provided by the organization are- The reasons I would like to serve on the Project Area Committee are as follow (include prior community experience or other qualification to serve, why you would like to be elected to the Project Area Committee, and any other information you may wish to add. Please attach an additional sheet if necessary): I acknowledge that if I am elected as a Project Area Committee member, I will be required to complete a Statement of Economic Interest, which discloses certain personal financial information concerning any financial interest I have (including my family and my spouse, if applicable). I also acknowledge that I am eligible to serve on the Project Area Committee as a representative of the group I selected above, and that if elected, I will participate in the regular Project Area Committee meetings. Signature Date Residence Address Mailing Address Daytime Phone dumber Evening Phone Number To be eligible for election to the Project Area Committee, this completed application must be returned to and received by the Redevelopment Agency of the City of Redlands, P.O. Box 3055, 35 Cajon Street, Suite 20, Redlands, California 92373, no later than 5:00 p.m. on March 4. 2003. Any applications received after that time will be put on file for consideration if there are any future Project Area Committee vacancies. - 2 - Attachment °B" City of Redlands XXXX Redevelopment Plan PROJECT AREA COMMITTEE CERTIFICATION OF ELIGIBILITY TO VOTE I, certify that I am at least 18 years of age and that within the XXXX Redevelopment Plan Project Area: (choose only one category to vote in) ❑ I am a Business owner or representative of a Business located at: ❑ 1 am a Residential Owner-Occupant living in property located at: 111 am a Residential Tenant living in property located at: ❑ I am a representative of a Community Organization within the Project Area (name and address of Community Organization): (Note that only one person each may represent a Community Organization.) SIGNED: Name Date