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HomeMy WebLinkAboutRES NO 132-98RESOLUTION NO. 1 $ 2,- 9 8 RESOLUTION OF THE BAKERSFIELD CITY COUNCIL ADOPTING PROCEDURES FOR FORMING AND ELECTING PROJECT AREA COMMITTEES. WHEREAS, Section 33385(a)(1) of the California Health and Safety Code (the CRL) provides that the Bakersfield City Council (the "City Council") call for the formation of a project area committee (a "PAC") if a substantial number of low- and moderate-income persons live or 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 Cily 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 Central District Development Agency 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 October 7, 1998, to review said City-wide procedures. NOW THEREFORE, IT IS HEREBY RESOLVED by the City Council as follows: SECTION 1: The City Council hereby adopts, the formation and election procedures for the Project Area Committee, the document attached hereto as Exhibit "A" and made a part hereof. I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on OCT 0 ? ~ by the following vote: AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAFN: COUNCILMEMBER ABSENT: COUNCILMEMBER DEMOND, CARSON, SMI TH,MCDERMOTT, ROWLES, SULL I VAN, SALVAGGI 0 APPROVED CITY CLERK and Ex Officio Clerk dO'the Council of the City of Bakersfield BOB PRICE MAYOR of Bakersfield APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY :"/ JANICE SCANLAN Deputy City Attorney EXHIBIT "A" CENTRAL DISTRICT DEVELOPMENT AGENCY 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"): "Agency" means the Central District Development Agency, a public body, corporate and politic, which exercises powers as a redevelopment agency under the CRL. "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 that 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. 3. "City" means the City of Bakersfield, California, a municipal corporation. "City Council" means the City Council of the City, exercising powers as the legislative body under the CRL. 5. "Community Organization" means any 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. "Project Area' means a proposed or adopted redevelopment project area as defined in CRL Section 33320.1. "Project Area Committee" or "PAC" means the committee formed and selected in accordance with Section 33385, et seq. of the CRL and these Procedures. "Resident" means a Residential Owner-Occupant or Residential Tenant in the Project Area. "Residential Owner-Occupant" means a person who owns a dwelling unit in the Project Area and occupies such dwelling unit as a principal place of permanent residence and usual place of abode. 10. "Residential Tenant" means a person who rents a dwelling unit in the Project Area pursuant to a rental agreeme~3t 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 NOTIFICATION AND MEETINGS Agency staff shall conduct as least one public meeting to explain the establishment of, function of, and opportunity to serve on the PAC. This meeting should 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 this procedure, Sections 33347.5, 33356, and 33385 through 33388 of the CRL, the Preliminary Plan or Draft Redevelopment Plan as appropriate, or the pertinent portions thereof, materials relating to the disclosure of economic interests in the Project Area, applications for PAC rnembership, materials related to the size and composition of the specific PAC and any other materials the Agency determines would be useful. 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 should include: 2 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. 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 fi~r eligibility to vote for PAC members and serve on the PAC. 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 should include all community organizations in the Project Area. The written notice shall briefly explain the reasons why the PAC is being formed, where copies of the Preliminary Plan or Draft Redevelopment Plan (as appropriate), or pertinent portions thereof, may be obtained, where PAC membership applications may be obtained, and where information regarding financial disclosure 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. 3.0 COMPOSITION OF THE PAC There should be no more than two community organizations represented on the PAC. The maximum number of Business, Residential Owner-Occupant, and Residential Tenant representatives on the PAC should be in proportion to each group's share of the total non-vacant parcels in the Project Area. At the time it calls for the formation of a PAC, the City Council shall adopt by resolution the number of people to be elected to the PAC and their distribution between the membership categories defined in Section 1.0 (Business, Community Organization, Residential Owner-Occupant, Residential Tenant). Alternative members of the PAC may also be selected from candidates who are not elected as representatives of their categories. 4.0 NOMINATION OF PAC MEMBERS Each candidate for PAC membership must submit a completed PAC Application to the Agency, which Application must be received by the Agency by 5:00 p.m. five 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 should be available to the general public for review at the Central District Development Agency, City Clerk's Office, 1501 Truxtun Avenue, Bakersfield, CA 93301, beginning on the business day following submittal. All PAC Applications should be available at the election meeting. Each Community Organization elected to serve on the PAC shall designate one of its members in writing to serve on the PAC. An alternate may also be designated in writing to serve on the PAC in the event that the original representative is unable to attend a PAC meeting. However, in no event shall moro than one member of the Community Organization attend the PAC meetings in a reprosentative capacity. If an insufficient number of nomination forms for any particular membership category are received by the Agency, then individuals who otherwise meet the requirements for PAC membership may nominate themselves to PAC membership from the appropriate category at the election meeting. No membership category may take more than its allocated spots on the PAC, and no PAC member may represent more than one membership category. 5.0 CANDIDATE AND VOTER ELIGIBILITY 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. Candidates for PAC membership and voters must certify that they are eligible to serve as PAC members. Candidates shall do this by signing a PAC eligibility certificate at the time PAC nomination papers are submitted, or a nomination is made pursuant to Section 4.3, at the PAC election meeting. Said certificate is attached hereto as Attachment "A," and is made a part hereof by this reference. Each candidate shall present proof of eligibility to serve as a P^C member as defined in Section 6. 4 Eligible voters must certify that they are eligible to vote for PAC members by signing a P^C eligibility certificate either before or at the P^C election meeting, and presenting proof of eligibility to vote as defined in Section 6. Said certificate is attached hereto as Attachment "B," and is made a part hereof by this reference. 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. Only one member of any household may vote in the Residential Owner- Occupant or Residential Tenant categories. Only on representative of any business may vote in the Business category. 6.0 PROOF OF ELIGIBILITY The eligibility requirements for PAC candidates are the same as for persons who are eligible to vote for PAC candidates. In order to vote in a PAC election, a person must supply proof that they would be otherwise eligible to be a PAC member. It should be clearly announced at the Election Procedures Meeting, and included in all written notices, that persons without appropriate documentation will not be allowed to vote. Proof of eligibility must include in all instances a form of current picture identification such as a passport, driver's license or California identification card, in addition to the required proofs relating to specific categories. Proof of eligibility for property owners who do not reside in the Project Area, but who wish to be a member of the PAC or to vote for PAC members, and for Residential Owner-Occupants, must, in addition to the proof required by Section 6.1, above, also provide evidence of current ownership of property within the Project Area by such means as a copy of a lease of property within the Project Area, copies of rent receipts, utility bills, or copies of business licenses or permits. 4. Proof of eligibility for Community Organizations include all of the following: the organization was in existence at the time the proposed Project Area boundaries were designated, or has been in existence for at least one full year prior to seeking rnembership; the organization has some written evidence of its existence and operation, such as articles of incorporation, bylaws, letterhead, meeting minutes, and/or nonprofit status recognition; and the person representing the organization for PAC membership has been duly selected by the organization or other appropriate method and has written proof to that effect. 7.0 ELECTION OF PAC MEMBERS At the time and place of the meeting held to elect the PAC, the Agency should 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). The staff of the Agency shall conduct and supervise the PAC election, and shall record all results thereof. Attendees who wish to participate in the election of PAC members should then divide into their respective membership groups and should elect by ballot the number of PAC members established by City Council. The Agency shall provide pre-printed ballot forms, ballot boxes, 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. Each voter may vote in only one group, and must be present at the election meeting in order to cast a ballot. The Agency staff shall then count the ballots for each of the membership groups, and shall announce the names of the appropriate number of candidates who received the greatest number of votes for each membership group. 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. 8.0 9.0 6. Individual voters may volunteer to observe the counting of ballots. If, at the time of formation of the PAC, an insufficient number of candidates are elected to represent each membership category on the PAC, the Pac shall be comprised only of those members elected. 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 can adopt a finding that all the relevant portions of this Procedure 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. CHALLENGES TO THE PAC ELECTION Any challenges to the election of the PAC or a PAC member must be filed with the City Clerk within 15 days of the PAC election. The City Council should 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 can declare the election valid and can direct the Agency to convene the PAC within 30 days. If there is a valid challenge to the election of an individual PAC member, the candidate with the second largest amount of votes may take office. If there is a valid challenge to a PAC category, then the City Council should direct Agency staff to reconvene the PAC election meeting within 45 days of finding the challenge to be valid. All notifications and meetings with regard to the category shall be redone pursuant to these guidelines. 10.0 PAC DUTIES AND PROCEDURES The PAC may 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. In addition, the PAC may advise the Agency on other policy matters that affect the residents, businesses, and/or community organizations in the Project Area. Meeting dates and agendas shall be posted in a public place in the manner provided for by law. Meetings of the PAC shall be open to the public, and minutes shall be taken and provided to the Agency. Minutes and records of the PAC shall be open to public inspection. All meetings of the PAC shall be subject to the Ralph M. Brown act (Government Code Section 54950 et seq). PAC members shall be required to file flnarlcial disclosure and conflict of interest statements with the City Clerk in the manner required by law and pertinent City of Bakersfield ordinances, policies and/or procedures. The PAC can adopt its own procedures and shall conduct its business according to those procedures and Robert's Rules of Order. The procedures can provide for public comments at meetings, define a quorum, business procedures, number of acceptable absences, voting procedures, and other pertinent matters. If, after the formation of the PAC, a vacancy occurs on the PAC, the vacancy shall be filled by the alternate member within the appropriate category of the PAC who received the highest votes in the PAC formation election. In the event that there is no such alternate member available to fill such vacancy, 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 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. The PAC shall advise the Agency throughout the period during which the Redevelopment Plan is being formulated, and shall remain constituted for a period of three years after adoption of the Redevelopment Plan. The PAC shall review the Redevelopment Plan. The PAC may make a recommendation to the Agency relative to whether the Redevelopment plan 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 Bakersfield (Name of Project Area) Redevelopment Project PROJECT AREA COMMITTEE MEMBERSHIP APPLICATION Thank you for your interest in applying for election to the (name of project area) Project Area Committee. 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 (name of Project Area) Project Area Committee at the election to be held on 19 I would like to be elected for the following membership category, and certify that within the (name of Project Area) Redevelopment Project boundaries, I am: (choose only one) Business - I am a Business owner or an authorized representative of a Business, or I own property which 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 28 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 tot he 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 Mailing Address Daytime Phone Number To be eligible for election to the Project Area Committee, this completed application must be returned to and received by the Central District Development Agency, City Clerk's Office, 1501 Truxtun Avenue, Bakersfield, CA 93301, (805) 326-3765 no later than 54:00 p.m. five business days before the election. Any applications received after that time will be put on file for consideration if there are any future Project Area Committee vacancies. ]0 ATTACHMENT "B" City of Bakersfield (Name of Project Area) 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 (name of Project Area) Redevelopment Project Area: 1. I am a Business owner or representative of a Business located at: 2. I am a Residential Owner-Occupant living in property located at: 3. I 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: Signature Date