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HomeMy WebLinkAboutCity Council - 99-4 RESOLUTION NO. 99-4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ADOPTING PROCEDURES FOR THE FORMATION AND ELECTION OF A PROJECT AREA COMMITTEE FOR THE 1999 AMENDMENT TO THE HUNTINGTON BEACH REDEVELOPMENT PROJECT WHEREAS,the City Council of the City of Huntington Beach has established boundaries and formulated a Redevelopment Plan("Plan")for the merged Huntington Beach Redevelopment Project by Ordinance Nos. 2576,2577,2578, 2582,2634, 2743, 3002, and 3343 on December 16, 1998,of the City of Huntington Beach; and The Redevelopment Agency of the City of Huntington Beach("Agency") and the City Council desire to amend the Plan("1999 Amendment")to modify and extend the authority to use eminent domain to include residential property in the Main-Pier subarea of the Huntington Beach Redevelopment Project Area; and In connection with the 1999 Amendment,the City Council desires to establish a Procedure("PAC Procedure") for formation of a Project Area Committee("PAC")and to call for the formation of a PAC; and The proposed PAC Procedure is submitted herewith as Exhibit"A";and Sections 33385 and 33385.3 of the California Health and Safety Code requires the City Council to adopt a procedure,by resolution, for the formation of a PAC and to adopt procedures regarding the community-wide election of PAC members. NOW,THEREFORE,the City Council of the City of Huntington Beach hereby adopts as the procedure to be followed for the formation and election of the Project Area Committee for the 1999 Amendment the "Procedure for the Formation and Election of a Project Area Committee,"a copy of which is attached here to as Exhibit"A"; and The City Council further calls upon the residents,businesses and existing community organizations within the Huntington Beach Redevelopment Project Area to form a Project Area Committee,as provided by the PAC Procedure, PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof on the 191_-h day of Jamuary ' 1999. Mayor ATTEST: APPROVED AS TO FORM: rZl City Clerk City Attorney V REVIEWED AND APPROVED: INIT TED AND APPROVED: City Ad1 nistrator Director of Economic Development 5F/s:SF-99 Resolu#ion:CC99amd RLS 99-002 01/09/99-#1 AeS, /Vo . Q 9- 1999 " endment to the Redeve�o meet Plan for the Huntingtari Beach Redevelopment Prot Procedure for Formation and Election of a Project Area Committee . . . . . . . . . . Prepared fog Redevelopment Agency of the City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 ;k S fiAA AF Rosenow Spevacek Group,Inc. 540 N.Golden Circle,Suite 305 Santa Ana,CA 92705 Phone 714.541.4585 Fax 714.836.1748 Res. No. TABLE OF CONTENTS Page I. [100] GENERAL............................................................................................................1 A. [101] Purpose..............................................................................................I........ 1 B. [1021 Authority.................................................................................................... 1 C. [103] Definitions.................................................................................................. 1 II. [200] PUBLIC MEETINGS..........................................................................................2 A. [201] Meetings.....................................................................................................2 B. [202] Presentation of PAC to City Council..................... III. [300] NOTICE OF MEETINGS, HEARINGS,AND PLEBISCITES.....................3 A. [3011 Publication of Opportunity to Serve B. [302] Publication of Notice.................................................................................3 C. [303] Notice by Mail...........................................................................................4 D. [304] Other Forms of Notice...............................................................................4 E. [305] Foreign Languages.....................................................................................4 IV. [400] COMPOSITION OF PAC MEMBERSHIP......................................................4 A. [401] Categories ..................................................................................................4 B. [402] Existing Community Organization/Appointment of Representative.........5 C. [4031 Vacancies in Membership Categories -- Adjustment of Composition ofPAC; Succession....................................................................................5 V. [500] ELECTION PROCEDURE................................................................................5 A. [501] PAC Applications ......................................................................................5 VI. [600] ELIGIBILITY REQUIREMENTS FOR PAC MEMBERSHIP.....................6 A. [601] Voter Registration......................................................................................6 B. [602] Candidate Speeches ...................................................................................7 C. [603] Voting Categories ......................................................................................7 D. [6041 Balloting.....................................................................................................8 E. [605] Results/Runoffs..........................................................................................8 F. [606] Challenges/Validity....................................................................................8 VII. [700] SPECIAL PROVISIONS....................................................................................8 A. [701] Compensation of PAC Members...............................................................8 B. [702] Amendment of Procedure ..........................................................................8 IC@s. MO. 99-14 1. [1001 GENERAL A. 11011 Purpose This document establishes procedures for formation of a project area committee ("PAC") for the 1999 Amendment to the Huntington Beach Redevelopment Project. The proposed 1999 Amendment will extend eminent domain authority to residential property in the Main-Pier subarea of the Huntington Beach Redevelopment Project Area. A map identifying the Huntington Beach Redevelopment Project Area is attached hereto as Exhibit A and is referred to herein as the Project Area. Section 33385 of-the Community Redevelopment Law(California Health and Safety Code 33000 et sea., herein referred to as the"Redevelopment Law")provides that the City Council of the City of Huntington Beach may establish a procedure for formation of the PAC. The procedures presented herein shall be used to govern formation and election of the PAC. B. [1021 Authority This Procedure was approved and adopted on , 1999 by Resolution No. of the City Council of the City of Huntington Beach. C. 11031 Definitions For the purposes herein: 1. "Business"means any lawful activity, whether or not carried on for profit, which is conducted within the Project Area, as further defined herein, 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, as further defined herein, who owns the real property in the Project Area,who does not use the real property for their primary residence. Such real property includes residential nonowner occupied property, industrial property, retail property, and other commercial property. 2. "City" means the City of Huntington Beach, California, a municipal corporation. 3. "City Council"means the City Council of the City, exercising powers as the legislative body under the Redevelopment Law. 4. "Agency" means the Redevelopment Agency of the City of Huntington Beach, a public body, corporate and politic, which exercises powers as a redevelopment agency under the Redevelopment Law. Rosenow Spevacek Group,Inc. Redevelopment Agency of the City of Huntington Beach December 1998 1 Procedure for Formation and Election of the PAC /?eS. /Va. 9q- 5. "Existing Community Organization" means any nonprofit association of Persons organized for religious, entrepreneurial, scientific, educational, literary or other purposes, which con-ducts its regularly scheduled meetings within the boundaries of the Project Area and uses an address located within the Project Area for its office or headquarters. G. "Person" means, but is not limited to, an individual, household, family, proprietorship, partnership,business trust,joint venture, syndicate,corporation,or association, 7. "Procedure"means this Procedure for Formation and Election of a Project Area Committee, adopted by the City Council on , 1999. 8. "Project"means the Huntington Beach Redevelopment Project. 9. "Project Area"means the Huntington Beach Redevelopment Project Area shown on the Project Area Map attached hereto as Exhibit "A". 10. "PAC Application" means the Statement of Interest and Qualifications enclosed herein as Exhibit"B." 11. "PAC Election"means the meeting to elect PAC members as described in Section 500 of this Procedure. 12. "Project Area Committee" or"PAC" means the committee formed and selected in accordance with Section 33385, et sea., of the Redevelopment Law and the procedure set forth herein. 13. "Resident" means a Residential Owner-Occupant or Residential Tenant. 14. "Residential Owner-Occupant"means a person who owns a dwelling unit in the Project Area and occupies such dwelling unit as the person's permanent residence and usual place of abode. 15. "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 submittal of a completed PAC application as described in Section 501 herein. Rosenow Spevacek Group,Inc. Redevelopment Agency of the City of Huntington Beach December 1998 2 Procedure for Formation and Election of the PAC 1?cs. No II. [200] PUBLIC MEETINGS A. [201 r Meetings The Agency staff shall conduct at least two separate public meetings to: 0 1) Explain the establishment and functions of, and the opportunity to serve on, the PAC, and 2) elect members of the PAC. It is contemplated that the election will take place approximately two weeks after the informational meeting. Both the informational and election meetings shall be held in the Project Area. During the informational meeting, the Agency shall distribute and make available to each attendee: (i) a copy of Article 6.5 of the Redevelopment Law(Sections 33385-33388); (ii) a copy of Sections 33347.5 and 33366 of the Redevelopment Law; (iii) a copy of this procedure; (iv) a copy of the Preliminary Plan for the Project Area; (v) applications for PAC membership; and (vi) any other materials the Agency determines would be useful. It is contemplated that the informational meeting will be held on March 8, 1999, and the election meeting will be held on March 22, 1999, or on such dates as selected by the City Clerk, in accordance with the process more particularly set forth in Section 500, et sea., herein. B. [202] Presentation of PAC to City Council The Agency 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 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 in Section 606 of this Procedure. I11. [300] NOTICE OF MEETINGS,HEARINGS,AND PLEBISCITES The Agency shall publish notice of all meetings, hearings, or plebiscites conducted by the Agency or the City Council, or on behalf of the City Council or Agency, relative to the formation and selection of the PAC, and the opportunity to serve on the PAC in the same manner as specified in Subdivision (a) of Section 65090 of the Government Cade. A. [30I] Publication of Opportunity to Serve The Agency shall publicize the opportunity to serve on the PAC by mailing written notice of the opportunity to serve to all Residents, Businesses, and Existing Community Organizations in the Project Area. This notice shall be mailed by first-class mail at least thirty (30) days prior to the formation of the PAC. Rosenow Spevacek Group,Inc. Redevelopment Agency of the City of Huntington Reach December 1998 3 Procedure for Formation and Election of the PAC des. /Yo. 99-�t B. [3021 Publication of Notice The Agency shall publish notice of each meeting, hearing, or plebiscite 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(10) days prior to the date for each meeting, hearing, or plebiscite. The notice shall include: (1) the date, time, and place of each meeting, hearing, or plebiscite, (2)the identity of the body conducting such meeting, hearing, or plebiscite, (3) a general explanation of the matters to be considered, (4) a general description of the Project Area, in text or by diagram, (5) a statement that a PAC will be formed for the Project Area, (6) a general description of the duties of PAC members, and (7) a general statement of the criteria for eligibility to vote for PAC members and serve on the PAC. C. [3031 Notice by Mail The Agency shall mail written notice to all Residents, Businesses, and Existing Community Organizations in the Project Area of all meetings, hearings, or plebiscites conducted by, or on behalf of,the Agency or the City Council relative to the formation and selection of the PAC (following the approval of this Procedure). This mailed notice requirement shall only apply if mailing addresses of all Residents, Businesses, Existing Community Organizations, or of all occupants, are obtainable by the Agency at a reasonable cost. The notice shall be mailed by first- class mail, but may be addressed to "occupant." In lieu of providing separate notice for each meeting, hearing, or plebiscite, the Agency may provide a single notice pursuant to this Section 303 stating all dates, times, and locations of any meetings,hearings, and plebiscites relative to the formation and selection of the PAC. If the Agency has acted in good faith to comply with the notice requirements of this Section 303,the failure of the Agency to provide the required notice to Residents, Businesses, or Existing Community Organizations unknown to the Agency 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. 13041 Other Forms of Notice In addition to the notice required by Sections 301, 302, and 303, the Agency may post notices, distribute flyers, purchase radio or newspaper display advertisements or undertake such other actions as it deems necessary or desirable to further inform Residents, Businesses, and Existing Community Organizations of the formation of the PAC. E. 13051 Foreign Languages Any of the notices or announcements required herein may be translated into another language if the Agency determines that such translation is necessary to effectively publicize the opportunity to serve on the PAC and participate in the formation and selection of the PAC. Rosenow Spevacek Group,Inc. Redevelopment Agency of the City of Huntington Beach December 1998 4 Procedure for Formation and Election of the PAC 1?eS. �Vo . F rr"- Al IV. [400] COMPOSITION OF PAC MEMBERSHIP A. [401] Categories Subject to the remaining provisions of this Section 401, the PAC is to be composed of seven(7) members which shall include the number of representatives listed in each of the following categories: Note: Because of the voluntary nature of participation in the PAC as well as other constraints, it is possible that the number of representatives in one or more of the categories or the total membership may be below those levels set forth in the preceding portion of this Section 401. Such circumstances will not affect conduct of business by the PAC. Category Number of Representatives Residential Owner-Occupant 1 Residential Tenant 3 Business Owner 2 Existing Community Organization 1 TOTAL 7 B. [402] Existing Community Organization/Appointment of Representative Each Existing Community Organization elected to serve on the PAC pursuant to Part V of this Procedure 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 Existing Community Organization attend the PAC meetings in his/her representative capacity. C. [403] Vacancies in Membership Categories -- Adjustment of Composition of PAC; Succession If, at the time of formation of the PAC, an insufficient number of candidates are elected to represent each category of membership on the PAC, such seats may remain vacant until qualified and eligible candidates are selected in the manner provided by this Procedure. The existence of any vacancies shall not prevent formation of the PAC or the conduct of business by the PAC. If a vacancy should remain or occur after the formation of the PAC, the City Council shall call for an election of members to any such vacant seats within one year after the 1999 Amendment is adopted.. Such election shall be conducted in accordance with this procedure. Rosenow Spevacek Group,Inc. Redevelopment Agency of the City of Huntington Beach December 1998 5 Procedure for Formation and Election of the PAC R,cs. Wo. 9r r V. [500] ELECTION PROCEDURE A. 1501r PAC Applications A candidate for PAC membership must submit a completed PAC Application to the Agency office, which application must be received by the Agency one week prior to the PAC Election. A copy of the PAC Application is attached hereto as Exhibit"B" and incorporated herein by this reference. All submitted PAC Applications shall be available to the general public for review beginning on the business day following submittal, and shall be available at the election meeting described in Section 201 above, and at the Agency office prior to such meeting. The Agency office is located at the Office of the Agency Clerk, 2000 Main Street, 2" Floor Huntington Beach, CA 92648. VI. [600] ELIGIBILITY REQUIREMENTS FOR PAC MEMBERSHIP Upon submittal of a PAC Application, candidates for PAC membership must present evidence that they are eighteen(19)years of age or older. Candidates are advised that the Fair Political Practices Agency requires 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, drivers license, military identification, or similar identification and the following evidence as eligibility for the applicable category: 1. Residential Owner-Occupant: Recorded grant deed or property tax bill. 2. Residential Tenant: Executed rental agreement or rent receipt. 3. Business Owner: Business license issued by State of California or City, City Business Tax Certificate, or proof of ownership of real property which is not used for primary residency in the Project Area. 4. Existing Community Organization: Each of the following: (i)proof of existence of the organization as of the time of the PAC informational meeting, (ii) proof of existence and operation within the Project Area, such as articles of incorporation, bylaws or business license, and(iii)a resolution of the board of directors of such organization authorizing a representative or alternate to act on its behalf. A. [601] Voter Registration Anyone desiring to vote at the PAC Election must register prior to the PAC Election by providing satisfactory evidence to the Agency staff that he or she is (1) at least eighteen(18)years of age or older and (2) is a Residential Owner-Occupant or Residential Tenant or Business owner in the Project Area, or is the authorized representative (as evidenced by a letter) of a Business or Existing Community Organization within the Project Area. Only. one individual may vote on behalf of any Residential Owner-Occupant, Residential Tenant, Rosenow.Spevacek Group,Inc. Redevelopment Agency of the City of Huntington Beach December 1998 6 Procedure for Formation and Election of the PAC ,fie s. W- 11 Business or Existing Community Organization. Any of the following documents, where appropriate to the category of the voter, may be provided as evidence of eligibility to vote: California Driver's License, California Identification Card, Military Identification, or Other Official Documents (i.e., Alien Registration Card, Passport, etc.), and one of the following: 1. Rental Agreement 2. Rent Receipt 3. Grant Deed to Real Property 4. Property Tax Bill 5. Business License Issued by the State of California or City 6. City Business Tax Certificate 7. Utility Bill 8. Voter Registration 9. Resolution of or Letter from Business 10. Resolution of Existing Community Organization 11. Other Official Documents B. [602] Candidate Speeches All candidates for each PAC membership category (i) Residential Owner- Occupant, (ii) Residential Tenant, (iii) Business, (iv) Existing Community Organization shall be given an opportunity to snake a speech at the PAC Election meeting. A time limit of three (3) minutes is established for each speech. If a candidate is unable to attend the election meeting, the candidate may designate a representative to make their 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. Rosenow Spevacek Group,Inc. Redevelopment Agency of the City of Huntington each December 1998 7 Procedure for Formation and Election of the PAC Res, No. rf+ C. [6031 Voting Categories Each-voter may cast ballots for representatives of that voter's PAC membership category and for the category of Existing Community Organization. Voters who have qualified to vote as Residential Owner-Occupants shall be entitled to vote for representatives of the Residential Owner-Occupant category. Voters who have qualified to vote as Residential Tenants shall be entitled to vote for representatives of the Residential Tenant category. Voters who have qualified to vote as representatives of Businesses shall be entitled to vote for representatives of the Business Owner category. Residential Owner-Occupant, Residential Tenants, and Businesses shall also be entitled to vote for the Existing Community Organization category. Voters who have qualified to vote as representatives of Existing Community Organizations are entitled to vote for that category only. D. [6041 Balloting Ballots shall be provided to registered voters for each PAC membership category, i.e., a Residential Owner-Occupant ballot, a Residential Tenant ballot, a Businesses ballot, and an Existing Community Organizations ballot. Voting shall be conducted by secret ballot. Agency staff shall serve as authorized election assistants to collect and tally the ballots. The Agency 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. E. 16051 Results/Runoffs The Agency staff 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 PAC Election meeting, Agency staff shall announce that the results and ballots shall be maintained by the Agency for presentation to the City Council. F. [6061 Challenges/Validity Any challenge to the PAC Election or to the electoral procedures followed in connection with the PAC Election shall be filed with the City Council within fifteen(15) calendar days following the PAC Election. The City Council shall review disputed elections by considering all challenges so filed and will determine the validity of those challenges within thirty (30) days following the PAC Election. Rosenow Spevacek Group,Inc Redevelopment Agency of the City of Huntington Beach December 1998 8 Procedure for Formation and Election of the PAC fees. I►�� . 9�r VII. [7001 SPECIAL PROVISIONS A. [7011 Compensation of PAC Members The members of the PAC shall serve without compensation. B. 17021 Amendment of Procedure The procedure established herein may be amended from time to time by resolution of the City Council. Rosenow Spevacek Group,Inc. Redevelopment Agency of the City of Huntington Beach December 1998 9 Procedure jor Formation and Election of the PAC EXHIBIT "A" Project Area Map ��5. IIfD • 9g' 'p` s :.4 filltirci rwr fOSUlE 1fE El ❑ WIY:E3 71,11 ",MIN 6J t f ttieEt' ease,e.rs.vtriu�o¢ � T111EeFEE•.p1 ELLS fl S rPunEio � 3 awN P M1YOt6IOYM A{N P AOMM ' ..n.0wau a•E '+�'.�'::' waidlEA � ARPNI� MPAx70H e.VJNMG Boundaries of the Huntington Beach Redevelopment Project Area EXHIBIT "B" STATEMENT OF INTEREST AND QUALIFICATIONS PROJECT AREA COMMITTEE APPLICATION 1999 AMENDMENT TO THE HUNTINGTON BEACH REDEVELOPMENT PROJECT This Information Will Be Made Available to Voters Before the Election (Please Print and Check the Appropriate Boxes) To the City Council of the City of Huntington Beach: I, (Name: PLEASE PRINT) would like to volunteer to run for election to the 1999 Amendment Project Area Committee at the election meeting to be held on March 8, 1999. I would like to be elected for the following category: [CHOOSE ONE ONLY] U Residential Owner-Occupant L] Residential Tenant L] Business Owner L] Existing Community Organization I CERTIFY THAT WITHIN THE PROJECT AREA BOUNDARIES (Huntington Beach Redevelopment Project Area): [Choose One Only] 1. I am a Residential Owner-Occu ant because I own and reside in residential property located at the following address: 2. I am a Residential Tenant because I rent a dwelling unit and have occupied the dwelling unit as my permanent residence and usual place of abode for not less than twenty-nine (29) days. I reside at the following address: 3. I am a Business Owner, or authorized representative of such Business, or own real property which is not my residence. The name and address of the business is: huntbW99Amendmendpacappl Page 1 of 2 12/16/98 des. A10i f 4. I am a member of an Existing Community Or anization for either a service club U, a church group [_], a neighborhood organization U, or other community organization L], which conducts its regularly scheduled meetings within and uses an address located within the Project Area, and am eligible to vote as a unit member. I have an official letter or resolution from the organization, on their letterhead, authorizing me to represent them. The name, address, and description of this community organization is: The reasons I would like to serve on the Project Area Committee are as follows (include prior experience in community affairs and/or other qualifications to serve on the Project Area Committee, and attach additional sheet, if necessary): I acknowledge that if elected as a PAC member, I will be required to complete a Statement of Economic Interest which discloses certain personal financial information concerning any financial interests I have in the Project Area(and my family and spouse, if applicable). 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 Qualifying Address (Address of Residence/Business/Existing Community Organization, whichever is applicable) Mailing Address Daytime Telephone Number Evening Telephone Number To be eligible for Project Area Committee membership,this completed application must be returned to and received by the City Clerk of the City of Huntington Beach, 2000 Main Street, Huntington Beach, California 92648, no later than 5:00 p.m. on March 8, 1999. Any applications received after those times will be put on file for consideration for future Project Area Committee vacancies. huntbcM99Amendmentlpacapp1 Page 2 of 2 12/16/98 Res. No. 99-4 STATE OF CALIFORNIA ) COUNTY OF ORANGE CITY OF HUNTINGTON BEACH } I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on the 19th day of January, 1999 by the following vote: AYES: Julien, Bauer, Garofalo, Dettloff, Harman, Sullivan NOES: None ABSENT: Green City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California