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