HomeMy WebLinkAboutCC RESO 94-26 Adopting Procedures, Including Election Procedures for the Formation of a Project Area Committee for the 1994 Redevelopment EffortRESOLUTION NO. 94-26
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
ADOPTING PROCEDURES, INCLUDING ELECTION PROCEDURES,
FOR THE FORMATION OF A PROJECT AREA COMMITTEE
FOR THE 1994 REDEVELOPMENT EFFORT
WHEREAS, the Community Development Commission, acting as the
Redevelopment Agency for the City of National City, has undertaken proceedings to
amend the Redevelopment Plan for the National City Downtown Redevelopment Project;
and
WHEREAS, Section 33385 of the California Community Redevelopment
Law, Health and Safety Code Section 33000 et seq. requires that the City Council adopt
a procedure, by resolution, for the formation of a Project Area Committee ("PAC") in
either of the following situations:
1. A substantial number of low-income persons or
moderate -income persons, or both, reside within the project area, and the
redevelopment plan as adopted will contain authority for the agency to
acquire, by eminent domain, property on which any persons reside.
2. The redevelopment plan as adopted contains one or
more public projects that will displace a substantial number of low-income
persons or moderate -income persons, or both; and
WHEREAS, the City Council desires to establish a procedure (the "PAC
Procedure") for the formation of a PAC and to call for the formation of a PAC; and
WHEREAS, Section 33385 of the Health and Safety Code further provides
that the City Council shall adopt, after a duly noticed public hearing, community -wide
procedures for filing for election, publicizing an election, holding an election, reviewing
disputed elections, filling vacant seats, and other matters related to the electoral process
for the election of PAC representatives; and
WHEREAS, the City Council desires to establish such election procedures
for the election of PAC representatives; and
Continued on Page Two
Resolution No. 94-26
Page 2 of 2
WHEREAS, a duly noticed public hearing to consider election procedures
for the election of PAC representatives was held at a regular meeting of the City Council
on March 8, 1994, in the Council Chambers, 1243 National City Boulevard, National
City, CA, at which time oral and documentary evidence was presented; and
WHEREAS, after said public hearing, the City Council determined to
approve that document entitled "Procedure for the Formation of a Project Area
Committee for the National City Redevelopment Project of the Community Development
Commission of the City of National City."
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City
of National City, as follows:
1. The document entitled "Procedure for the Formation of a Project
Area Committee for the National City Redevelopment Project," a copy of which is
attached hereto as Exhibit A, is hereby adopted as the procedure to be followed for the
formation of the PAC for the proposed National City Redevelopment Project, and for the
filing for election, publicizing an election, holding an election, reviewing disputed
elections, filling vacant seats, and other matters related to the electoral process for the
election of PAC representatives.
2. The City Council calls upon the residents, businesses, and existing
community organizations/religious institutions within the National City Redevelopment
Project Area, as depicted on Exhibit B, to form a Project Area Committee, as more fully
described in the PAC Procedure.
PASSED and ADOPTED this 8th day of March, 1994.
George . Waters, Mayor
ATTEST:
Lo ' Anne Peoples, City lerk
APPROVED AS TO FORM:
1/
George H. Eiser, III
City Attorney
PROCEDURE FOR THE FORMATION OF A PROJECT AREA COMMITTEE
FOR THE
NATIONAL CITY REDEVELOPMENT PROJECT
OF THE
COMMUNITY DEVFJ OPMENT COMMISSION
OF THE
CITY OF NATIONAL CITY
ADOPTED BY THE CITY COUNCIL OF THE
CITY OF NATIONAL CITY ON March 8, 1994
BY RESOLUTION NO. 94-26
EXHIBIT "A"
PROCEDURE FOR THE FORMATION OF A PROJECT AREA COMMITTEE
I. SECTION 100 - GENERAL
A. 101. Purpose
The purpose of this document is to set forth a Procedure, as required by the California
Community Redevelopment Law (California Health and Safety Code Sections 33000 et seq.,
hereinafter the "CRL") for the formation of a project area committee in connection with the
adoption and approval of the 1994 Redevelopment Effort (the "Project"). The City Council of
the City of National City has determined that a substantial number of low and moderate income
families live within the potential Project Area, and it has directed the Community Development
Commission of the City of National City (the "Commission") to form a Project Area Committee
("PAC"). The Commission shall comply with this Procedure for the formation of the PAC.
B. 102. Authority
This Procedure has been adopted by resolution of the City Council of the City of National
City, pursuant to Section 33385 of the CRL.
II. SECTION 200 - DEFINITIONS
Whenever the following terms are used in this Procedure, unless otherwise defined, such
terms shall have the meaning ascribed to them in Section 200.
A. 201. Business
"Business" means:
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1. Ownership of real property within the Project Area by any person other
than a Residential Owner -Occupant;
2. Any lawful activity conducted by an entity within the Project Area
primarily for the purchase, sale, lease, or rental of personal property; or
for the manufacture, processing, or marketing of products, commodities,
or any other personal property; or for the sale of services to the public.
2
B. 202. Business Property Owner
"Business Property Owner" means any person or entity who presents evidence of ownership
of a Business in the Project Area as defined by Section 201(1).
C.
203. Business Owner/Tenant
"Business Owner/Tenant" means any person who presents evidence of ownership or
operation of a Business within the Project Area as defined by Section 201(2) and does not own
the property on which the Business is located.
D. 204. City
"City" means the City of National City, California.
E. 205. Cit.v Council
"City Council" means the City Council of the City of National City.
F.
206. Commission
"Commission" means the Community Development Commission of the City of National City,
and any staff, consultants, assignees, delegates and City departments who may be assigned the
duties and responsibilities for implementing this Procedure.
G. 207. Community Organizations/Religious Institutions (CORI)
Community Organizations/Religious Institutions (CORI) means any existing non-profit
association of persons and/or entities which has its headquarters, office, or meeting place within
the project area or whose purpose is the promotion, improvement (including the provision of
social service within the project area) or whose constituents comprise a majority of businesses
or residents of the project area and such organization has been established prior to the formation
of the PAC and is generally recognized by persons within the Project Area as an existing
CORI.
H.
208. .Proiect
"Project" means the National City Redevelopment Project initiated on March 7, 1994 with
the approval of the Preliminary Redevelopment Plan by the City of National City Planning
Commission.
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I. 209. Project Area
"Project Area" means the territories that apply to the Project.
J. 210. Project Area Committee
"Project Area Committee" or "PAC" means the committee formed and selected pursuant to
Section 33385 of the CRL and in accordance with this Procedure.
K. 211. Resident
"Resident" means any person who owns, rents, or leases residential property within the
Project Area and occupies the same as his or her principal residence.
L. 212. Residential Owner -Occupant
"Residential owner -occupant" means any person who presents satisfactory written evidence
of ownership and residency of a dwelling unit within the Project Area.
M. 213. Residential Tenant
"Residential tenant" means any person who presents satisfactory evidence that he or she is
a party to a residential rental or lease agreement for a dwelling unit within the Project Area and
occupies that dwelling unit.
III. 300 - NOTICE OF MEETINGS. HEARINGS. AND PLEBISCITES
The Commission shall publish notice of all meetings, hearings, and plebiscites conducted by,
or on behalf of, the Commission and/or the City Council relative to the formation and selection
of the PAC.
A. 301. Provisions for Translation
All notices, announcements and other pertinent information relative to the formation of the
PAC will be translated into Spanish and other languages as appropriate. The Commission may,
if it determines it is necessary or advisable to effectively carry out the purpose of this Procedure,
provide translation services as appropriate for the public meetings, hearings, and plebiscites to
explain and form the PAC.
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B. 302. Publication
The Commission shall publish notice of the meetings, hearings, or plebiscites to be
conducted by, or on behalf of, the Commission and/or the City Council in accordance with this
Procedure relative to the formation and selection of the PAC. The notice shall be published at
least one (1) time in a newspaper of general circulation within the City, and at least ten (10)
days prior to the date established for each meeting.
In lieu of publishing separate notices for each such meeting, hearing, or plebiscite, the
Commission may publish combined notices setting forth all or some of the dates, times, and
locations of such meetings, hearings, or plebiscites.
C. 303. Notice by Mail
The Commission shall mail written notice to all residents, businesses, and Existing
Community Organizations/Religious Institutions in the Project Area of all meetings, hearings,
or plebiscites conducted by, or on behalf of, the Commission and/or the City Council relative
to the formation and selection of the PAC (following approval of this procedure). The mailed
notice requirement shall only apply if mailing addresses of all individuals and businesses, or to
all occupants, are obtainable by the Commission at a reasonable cost. Such notice shall be
mailed by first-class mail, but may be addressed to "occupant". In lieu of providing separate
notices for each meeting, hearing or plebiscite, the Commission may provide a single notice
pursuant to this paragraph stating all dates, times, and locations of any meetings, hearings, and
plebiscites relative to the formation and selection of the PAC.
If the Commission has acted in good faith to comply with the notice requirements of this
paragraph, the failure of the Commission to provide the required notice to residents or
businesses unknown to the Commission or whose addresses could not be obtained at a reasonable
cost, shall not, in and of itself, invalidate the formation or actions of the PAC.
D. 304. Other Forms of Notice
The Commission may post notices, distribute flyers or undertake such other actions as it
deems necessary or advisable in order to further inform residential owner -occupants, residents,
businesses, and existing community organizations within the Project Area of the formation and
selection of the PAC.
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5
IV. 400 - PUBLIC MEETINGS
The Commission shall conduct public meetings, hearings and plebiscites to explain and form
the PAC.
A. 401. Public Meetings
The Commission shall conduct a minimum of one (1) public meeting to explain the
establishment of, functions of, and opportunity to serve on the PAC, by providing written notice
by first-class mail to all residents, businesses, and community organizations, including religious
institutions within the project area at least 30 days prior to the formation of the PAC. The
informational meeting may be conducted at the same time and immediately prior to, or at a
separate time, for the meeting at which the PAC is to elect its members. It is contemplated that
such election will take place at the same time and
place as the informational meeting. At such public meeting, the Commission shall distribute a
copy of this Procedure, a description of the proposed Project, applications for PAC membership,
copies of Sections 33347.5, 33366, and 33385 through 33388, inclusive, of the CRL, and any
other materials the Commission determines would be useful. The copies to be made available
at the meeting shall be in sufficient numbers to meet the number of attendees anticipated.
Additional copies of the materials shall be available to the public.
The Commission may limit the number of documents to be distributed to any one person to
one (1) set, in order to avoid excessive and unnecessary costs. Any person may request
additional copies of the documents, at a reasonable duplication cost.
V. 500 - PAC MEMBERSHIP CATEGORIES
A. 501. Categories
Subject to the remaining provisions of this Section 501, the PAC is to be composed of 13
members which shall include the number of representatives listed in each of the following
categories:
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Category No. of Representatives
Residential Owner -Occupants 2
Residential Tenants 4
6
Representatives of CORI _2
TOTAL 13
B. 502. Vacancies in Membership Categories Adjustment of Composition of PAC
In the event there is an insufficient number of candidates elected to each category of membership
of the PAC, such seats may remain vacant until qualified candidates apply and a subsequent
selection is held. The existence of any vacancies shall not prevent the PAC from carrying out
its duties as required by the CRL.
VI. 600 - ELECTION PROCESS
A. 601. PAC Applications
A candidate for PAC membership must submit a completed PAC application to the
Commission office. which application must be received by the Commission prior to the PAC
Election. A copy of the "PAC Application" is attached hereto as Exhibit "A" and incorporated
herein by this reference. All PAC Applications submitted shall be available to the general public
for review beginning on the business day following submittal. All PAC Applications shall be
available at the informational meeting described in Section 301 above, and at the Commission
office prior to such meeting. The Commission office is located at 140 E. 12th Street, Suite B,
National City, California 91950, (619) 336-4250.
B. 602. Eligibility Requirements for PAC Membership
Upon submittal of a PAC Application, candidates for PAC membership must present
evidence that they are eighteen (18) years of age or older. Candidates are advised that the
Political Reform Act (Government Code Sections 81000 et seq) may require elected PAC
Members to complete Statements of Economic Interest which disclose certain personal financial
information concerning such PAC Member. Candidates may only run for one category of PAC
Membership and must present a valid California identification card, driver's license, military
identification, or similar identification and the following evidence as eligibility for the applicable
category:
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1. Residential Owner -Occupant: Recorded grant deed or property tax bill.
7
1. Residential Owner -Occupant: Recorded grant deed or property tax bill.
2. Residential Tenant: Executed rental agreement or rent receipt.
3. Business Property Owner: Recorded grant deed or property tax bill.
4. Business Owner: Business license issued by State of California or City and
a list of employees at such Business or other such evidence that a person is the owner of a
business within the project area.
5. Community Organization/Religions Institution (CORI): Each of the following:
(i) proof of existence of the organization as of the time of the initial meeting of the PAC, (ii)
proof of existence and operation within the Project Area, such as articles of incorporation,
bylaws or business license, and (iii) a letter signed by two officers of the CORI authorizing a
person to act on its behalf. A CORI may not hold more than one position on the PAC.
C. 603. Voter Registration
Anyone desiring to vote at the PAC Election must register prior to the PAC Election by
providing satisfactory evidence to the Commission that he or she is (1) at least eighteen (18)
years of age or older and (2) is a Resident in the Project Area, or is the authorized
representative of a Business or Community Organization/Religions Institution within the Project
Area. Only one person may vote on behalf of any residential owner -occupant, or residential
tenant, or business property owner, or business owner/tenant all persons participating in the
election may vote for the candidates in the CORI category. Any of the following documents,
where appropriate to the category of the voter, may be provided as evidence of eligibility to
vote:
1. California Driver's License
2. California Identification Card or Military Identification
3. Rental agreement
4. Rent receipt
5. Grant deed to real property
6. Property tax bill
7. Business license issued by the State of California or City
=deiry�appl 8
8. Utility bill
9. Voter registration
10. Resolution of or letter from Business
11. Resolution of Existing Community Organization/Religious Institution
D. 604. Candidate Speeches
All candidates for each PAC membership category (i) Resident, (ii) Business, (iii) CORI
shall be given an opportunity to make a speech at the PAC Election meeting. A time limit of
three (3) minutes is established for each speech. Reasonable rules of order (in the event of
dispute, Roberts Rules of Order are to be used) will be applied, considering the number of
candidates running in the PAC Election.
E. 605. Voting Categories
Voters who have qualified to vote as Residential Owner -Occupants shall be entitled to vote for
representatives of the Residential Owner -Occupant category only; voters who have qualified to
vote as Residential Tenants shall be entitled to vote for representatives of the Residential Tenant
category only. Voters who have qualified to vote as representatives of Business Property
Owners shall be entitled to vote for representatives of the Business Property Owner category
only. Voters who have qualified to vote as Business Tenants shall be entitled to vote for
representatives of the Business Tenant category only. All who have qualified to vote may vote
for the representatives of Community Organizations/Religious Institutions.
F. 606. Balloting
Ballots shall be provided to registered voters for each PAC membership category, i.e., a
Resident Owner -Occupant ballot, a Residential Tenant ballot, a Business Property Owner ballot,
and Business Tenant ballot, and a CORI ballot. Voting shall be conducted by secret ballot. The
Commission shall appoint authorized election assistants to collect and tally the ballots. The
Commission shall ensure secrecy of the ballot by requiring each ballot to be folded and passed
to an authorized election assistant. The election assistants shall tally the ballots at the PAC
Election meeting. A representative from the City Clerk's office shall be present when the ballots
are tallied to provide official verification of the results of the PAC Election.
G. 607. Results/Runoffs
The Commission shall announce the results of the PAC Election at the PAC Election meeting
when the ballots are tallied. If a runoff is necessary, it shall be announced immediately. At the
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9
H. 608. Presentation of PAC Election Results to City Council
The Commission shall present the results of the PAC Election to the City Council no more than
15 days after the election. The time and date of the City Council meeting shall be announced
at the PAC Election meeting. Challenges to the election or election procedure shall be filed with
the City Clerk on behalf of the City Council no more than 15 calendar days after the election.
The City Council shall adopt a finding that all adopted procedures were followed prior to
certifying the election results. All challenges will be determined by the City Council within 30
days following the date of the election.
VII. 700 - SPECIAL PROVISIONS
A. 701. Compensation of PAC Members
The members of the PAC shall serve without compensation.
B. 702. Amendment of Procedure
The procedure established herein may be amended from time to time by resolution of the City
Council.
C. 703. Assistance
The City Council will insure that the Community Development Commission or other public
organization (CDC or other) conduct the approved election procedures and provide the required
materials, notices, and meeting places at no charge to those participating in the election. The
CDC or other will make every reasonable effort to facilitate participation in the public meeting
and election process.
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EXHIBIT "A"
APPLICATION FOR
PROJECT AREA COMMITTEE (PAC)
1994 REDEVELOPMENT EFFORT OF THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF NATIONAL CITY
(This Information Will Be Made Available
To The PAC and City Council Before The Selection)
To the Project Area Committee and City Council of the City of National City:
I,
(Name: PLEASE PRINT)
would like to volunteer to run for election to the Redevelopment Project Area Committee at the
election meeting to be held (date, time, and location to follow).
I would like to be elected as a representative for the following category: [CHOOSE ONE ONLY
by Checking Appropriate Box]
[ ] Residential Owner -Occupant
[ ] Residential Tenant
[ ] Business Property Owner
[ ] Business Owner/Tenant
[ ] Community Organization/Religious Institution (CORI)
I CER1IFY THAT, WITHIN THE REDEVELOPMENT PROJECT AREA BOUNDARIES:
[
I am a RESIDENTIAL OWNER -OCCUPANT because I live in and own residential
property located at the following address:
[ ] I am a RESIDENTIAL I'hNANT because I rent my place of residence but do not
own the property where I reside, which is located at the following address:
[ ] I am a BUSINESS PROPERTY OWNER because I own real property at the following
address:
but do not live at this address.
[ ] I am a BUSINESS OWNER/ TENANT because I own a business in the Project Area,
but not the real property on which the business is located. The name and address of the business
is:
[ ] I am a COMMUNITY ORGANIZATION/RELIGIOUS INSTITUTE (CORI)
representative for either a service club [ ], a church group [ ] or a neighborhood
organization [ ], which serves the Project Area, and am eligible to vote as a unit member. I
have an official letter from the organization, on their letterhead, authorizing me to represent
them. The name of this community organization is:
My prior experience in community affairs and/or my other qualifications to serve on the Project
Area Committee are as follows (attach additional sheet, if necessary):
I possess all the necessary qualifications to serve as a representative on the Project Area
Committee and will participate in the regular PAC meetings. I certify under penalty of perjury
under the laws of the State of California that the foregoing is true and correct:
Date and Place Signature
Residence Address
Mailing Address
Daytime Phone Number
Nighttime Phone Number
Community Organization Phone Number
(If applicable)
To be eligible for Project Area Committee membership, this completed application must be
returned to the offices of the Community Development Commission of the City of National
City, 140 E. 12th Street, Suite "B", National City, California 91950, no later than (date
and time to follow). Any applications received after (date and time to follow) will be put on
file for consideration for future Project Area Committee vacancies.
NATCRYI.DOC
PD/bhm
Revised: 03/03/94
COMMUNITY
DEVELOPMENT
COMMISSION
OF THE
CITY OF
NATIONAL CITY
National City
Redevelopment
Project Area
1'
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