HomeMy WebLinkAboutR30-Economic Development Agency
ECONOMIC DEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO
DATE: April 23, 2003
SUBJECT: UPTOWN REDEVELOPMENT
PROJECT AREA COMMITTEE
ORIG1NAl ELECTION
FROM: Gary Van Osdel
Executive Director
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SvnoDsis of Previous Commission/Council/Committee Action(s):
On July 1, 2002, the Mayor and Conunon Council adopted procedures for the formation and election of a Project Area
Conunittee for the proposed redevelopment plan amendment for the Uptown Redevelopment Project Area and calling
for the formation of a Project Area Committee.
On October 21, 2002, the Mayor and Conunon Council adopted modifications to the adopted July 1,2002 Project Area
Conunittee (PAC) Procedures for the Uptown Redevelopment Project Area.
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Recommended Motion(s):
MOTION:
(Mavor and Common Council)
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO ACKNOWLEDGING THE RESULTS OF AN ELECTION OF PROJECT AREA
COMMITTEE MEMBERS AND FINDING THAT ALL APPLICABLE PROCEDURES WERE
FOLLOWED IN THE ELECTION OF THE PROJECT AREA COMMITTEE FOR THE UPTOWN
REDEVELOPMENT PROJECT
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Project Area(s)
Ward(s):
(909) 663-1044
1,2,3,6 and 7
Contact Person(s):
Gary Van Osdel/Mike Trout
Uptown
Phone:
Supporting Data Attached: 0 Staff Report 0 Resolution(s) 0 Agreement(s)/Contract(s) 0 Map(s) 0 Letters
FUNDING REQUIREMENTS Amount: $
N/A
Source:
N/A
// " / ~,dget AuthOrIty.
SJGNATURE: L ~ /,
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Commission/Council Notes:
N/A
?H~~anager
'i7tc~ ~ 2C'G3-1 0(,
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P:\Clcrical Services Depl\Margarel ParkcMgcllda\CDC 2003\03-05-05 Uptown Election CDC Item.doc
COMMISSION MEETING AGENDA
Meeting Date: 05/05/2003
Agenda Item Number: R,3b
ECONOMIC DEVELOPMENT AGENCY
STAFF REPORT
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Uptown Redevelopment Proiect Area Committee Election
BACKGROUND:
On July I, 2002, the Common Council adopted a resolution that established the "Procedures for the
Formation and Election of the PAC" for the Uptown Redevelopment Project Area ("Procedures") to
maximize citizen participation in the adoption process of an amendment to the Uptown
Redevelopment Project Area Plan.
On July 25, 2002, Agency Staff held a community meeting for the residents, business owners and
property owners within the Uptown Project Area ("Project Area") to explain redevelopment and the
process to reinstate eminent domain authority for the Project Area. At this same meeting, Staff
informed those present that due to the substantial number of low- to moderate-income persons
residing within the Project Area, it was necessary to form a Project Area Committee (PAC). Staff
discussed the role of the PAC, the election process to become a member of the PAC, and provided the
PAC procedures to those that were interested in participating on the PAC.
On September 10, 2002, Agency Staff held the election for the PAC. However, there were only six
(6) persons who attended and were pre-qualified to be considered for election to the PAC. The PAC
procedure, as approved by the Common Council on July I, 2002 provided for not less than eleven
(II) members to be elected to the PAC.
Given the lack of interest, on October 21, 2002, the Common Council adopted a resolution modifying
the Procedures adopted on July I, 2002. The reason for this change was to establish a minimum (five
members) and maximum membership to (eleven members) the PAC. The PAC is an elected body
comprised of Residential Owner-Occupants, Residential Tenant, Business Owners (including
Property Owners) and Existing Community Organizations within the Project Area.
Although no substantial displacement is anticipated, under State law, the PAC is required as a result
of a substantial number of low- to moderate-income persons residing within the Project Area and the
redevelopment plan/amendment will contain authority for the Agency to acquire, by eminent domain,
property on which any person resides.
The California Community Redevelopment Law requires that each group must be adequately
represented based on the make up of the Project Area. The specific role of the PAC will be to review
the proposed amendment to Project Area Plan, and the PAC may prepare a report and
recommendation to the Common Council on the amendment to the Redevelopment Plan. It is
important to note that pursuant to the law, in the event that the PAC opposes the adoption of the
amendment to the Redevelopment Plan, the Common Council must adopt the amendment to the
Redevelopment Plan by a two-thirds vote, rather than a simple majority of those on the Common
Council that are eligible and qualified to vote on such amendment.
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P:\Clerical Services Depl\Margarcl Parkcr\Agcnda\CDC 2003\03-05-05 Uptown Election COC llem,doc
COMMISSION MEETING AGENDA
Meeting Date: 05/05/2003
Agenda Item Number:
R3D
Economic Development Agency Staff Report
Uptown Redevelopment Project Area Committee Election
Page 2
After the amendment to the Redevelopment Plan is adopted, the role of the PAC becomes that of an
advisory board to the Redevelopment Agency on policy matters that affect the residents of the Project
Area. The PAC typically serves a three-year term after the adoption of the amendment to the
Redevelopment Plan, subject to a one-year extension granted by the Common Council.
CURRENT ISSUE:
A public meeting was held on February 20, 2003 to explain the establishment of, function of, and
opportunity to serve on the PAC. The minimum required to establish the PAC is five (5) members
and the maximum is eleven (II) members in the following categories of representation:
Categorv
Residential Owner-Occupant
Residential Tenant
Business Owner (includes Property Owners)
Existing Community Organizations
TOTAL
Number of Representatives
At Least 1 Up to 2
At Least 1 Up to 2
At Least 2 Up to 6
At Least I Up to 1
5 II
On April I, 2003, the PAC election was held during which the adopted Procedures were strictly
followed. In accordance with the PAC Procedures, six (6) pre-qualified candidates were running.
The Residential Owner-Occupant candidate, Residential Tenant candidate and Community
Organization Representative candidate ran unopposed. The Business Owner (including property
owner) category had three (3) candidates running for a total of six (6) seats. A representative of the
City Clerk was present at the meeting to ensure procedural compliance. The following persons
sought PAC membership were elected under the categories listed below:
Residential Owner-Occupant
Lester Whitacre
Residential Tenant
John "Jack" Cone
Business Owner (including Propertv Owner)
Charlie Catren
Jefferson D. Cox, Jr.
Linda S. Sutherland
Existing Communitv Organization
George 1. Bohn, San Bernardino Adult School
_______________________________....____________..________.__._____________~.n_____________..__________________ u___________________________________________ -------------------------.------------------.
P:\Clcrical Services Dept\Margaret ParkcMgcnda\CDC 2003\03-05-05 Uptown Election CDC hem.doc
COMMISSION MEETING AGENDA
Meeting Date: 05/05/2003
Agenda Item Number: ~ 3D
Economic Development Agency Staff Report
Uptown Redevelopment Project Area Committee Election
Page 3
Section 33385 of the law, provides that the Common Council shall adopt a finding that all adopted
procedures for the formation and election of the PAC for the Project Area were followed in the
election of the PAC and determine the validity of all challenges within 30 days following the PAC
election. The law also requires that a challenge to the PAC election or the electoral process must be
filed with the Common Council no more than 15 calendar days after PAC elections.
In closing, the procedures for the formation and election of the PAC for the Project Area were
followed in accordance with Resolution No. 2002-224, adopted by the Common Council on July 1,
2002 and as modified by Resolution No. 2002-345, adopted by the Common Council on October 21,
2002. No challenges to the PAC election or the electoral process have been received to date.
ENVIRONMENTAL IMP ACT:
None.
FISCAL IMPACT:
None.
RECOMMENDATION:
That the Mayor and Common Council adopt the attached Resolution.
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P:IClcrical Services DcptlMargarct ParkeMgcndalCDC 2003\03-05-05 Uptown Eleclion CDC Hem.doc
COMMISSION MEETING AGENDA
Meeting Date: 05/05/2003
Agenda Item Number: 1<3 D
RESOLUTION NO.
2
3
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO ACKNOWLEDGING THE RESULTS OF
AN ELECTION OF PROJECT AREA COMMITTEE MEMBERS AND
FINDI!'<G THAT ALL APPLICABLE PROCEDURES WERE
FOLLOWED IN THE ELECTION OF THE PROJECT AREA
COMMITTEE FOR THE UPTOWN REDEVELOPMENT PROJECT
4
,
6
,
WHEREAS. the Mayor and Common Council of the City of San Bernardino have
8
previously taken certain action to ensure that all applicable procedures are followed in the
9
election of the Project Area Committee for an Amendment to the Uptown Redevelopment
10
Project reinstating the power of eminent domain (the "Amendment"); and
11
WHEREAS. in connection with the proposed Amendment the Common Council
12
adopted Resolution 1\0. 2002-224 on July 1. 2002, thereby adopting the "Procedures for
Formation and Election of a Project Area Committee" ("Procedures") for the Uptown
Redevelopment Project and calling upon any or all residential owner-occupants. residential
1
14
15
tenants, community organizations. and business owners (including property o\\TIers) within the
16
Uptown Redevelopment Project to fonn a Project Area Committee ("PAC") to consider the
Amendment: and
17
WHEREAS, the Agency Staff conducted a series of community meetings to infonn
18
Project Area residents and property owners of the opportunity to participate in the
19
Redevelopment Plan amendment process and to serve as members of the PAC and
20
subsequently, the Common Council adopted Resolution No. 2002-345 on October 21. 2002 to
n
modify the PAC procedures to foster participation by Project Area residents and property
owners in the Redevelopment Plan amendment process; 'and
22
23
WHEREAS, a public meeting was held on February 20. 2003, to explain the
24
establishment of, function of, and opportunity to serve on the PAC as well as accept
applications from those persons interested in serving on the PAC: and
'5
-I-
P;\Cl~riclll Senicn llepl\\Iar~arel Par"er\f{"",IUlion,,200J"OJ-O:;;-(J~ L:P''''HI RPA ('"m 1::I~~li"n \lC(" Re~o.dllc
,
WHEREAS, the election ofa representative PAC was held on April I, 2003; and
WHEREAS, the Procedures adopted by the Common Council were followed in the PAC
o
-'
election: and
4
WHEREAS. Section 33385(d) of the Redevelopment Law (Health & Safety Code
5
Section 33000. et seq.) provides that a challenge to the PAC election or the electoral process
6
followed in connection with the PAC election must be filed with the Common Council no more
7
than 15 calendar days after the PAC election and further provides that the Common Council
8
shall consider all challenges within 30 days following the PAC election; and
9
WHEREAS, no challenger to the PAC election or the electoral process have been
received.
10
11
NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND ORDERED
BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, AS
FOLLOWS:
12
Section I. The Mayor and Common Council hereby acknowledge the results of the
14
election of PAC members for the Uptown Redevelopment Project and find and determine that
15
(i) no challenges to the election of the Project Area Committee or to electoral procedures were
filed with the Common Council: and (ii) all of the "Procedures for the Formation of a Project
Area Committee" for the Uptown Redevelopment Project Area which were adopted by the
16
17
18
Common Council on July 1. 2002 and modified on October 21. 2002 were followed in
19
connection with the election of the Project Area Committee which was held on April 1. 2003.
A listing of the Project Area Committee election results is the attached hereto as Exhibit "IA."
20
21
and each such person is hereby recognized and declared by the Common Council to be a
22
member of the PAC for the Uptown Redevelopment Project.
23
Section 2. This Resolution shall take effect upon its adoption and execution in the
24
manner as required by the City Charter.
'~
~2-
P:\Cleri,'~1 Senice, [)epr,\lngarell'arkcnRe,olulion,\2003\03-11:'i.U5l1,!o"n RI'A Cum E1fl";"" \ICC' Rc"o.doc
2
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BER1'\jARDINO ACK."IOWLEDGING THE RESULTS OF
AN ELECTION OF PROJECT AREA COMMITTEE MEMBERS AND
FINDING THAT ALL APPLICABLE PROCEDURES WERE
FOLLOWED IN THE ELECTION OF THE PROJECT AREA
COMMITTEE FOR THE UPTOWN REDEVELOPMENT PROJECT
3
4
5
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
(,
Common Council of the City of San Bernardino at a
meeting thereof. held on the
7
day of
,2003, by the following vote to wit:
s
Council Members:
Aves
Nays
Abstain
Absent
ESTRADA
LONGVILLE
MCGINNIS
DERRY
SUAREZ
ANDERSON
14 MC CAMMACK
9
10
II
12
15
Rachel G. Clark. City Clerk
16
17
The foregoing resolution is hereby approved this
day of
,2003.
18
19
Judith Valles, Mayor
City of San Bernardino
20
21
22
23
24
'S
-3-
P:\C1erical Senice, Depl\:'Ilargarel ParkH\Rewlulion\\l003\nJ-05-05 lptu..n RPA Cum F.leCfion 'lee Re,".duc
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): 5 -5- 03
Vote: Ayes 1- Y I c.. Nays
Change to motion to amend original documents:
k:-30
Item #
k:'f
Abstain
-
Reso. # On Attachments:- Contract term:
Note on Resolution of Attachment stored separately: =--
Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY By:
Date Sent to Mayor: '5 .. G:,.. C3
Date of Mayor's Signature: .5 - ')--0 .~
Date of Clerk/CDC Signature: '5 ." .. -0 ."~
Date
mo/Letter Sent for Signature:
See Attached:
See Attached:
ee Attached:
60 Day Reminder e
90 Day Reminder Letter Sent on 45th day:
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413,6429,6433,10584,10585,12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
Copies Distributed to:
City Attorney ./
Parks & Rec.
Code Compliance Dev. Services
Police Public Services Water
Notes:
Resolution #
2 (-03-1 () (,0
Absent -'5
Ij
N ulVV oid After:
Reso. Log Updated:
Seal Impressed:
~
."~
Date Returned:
-
Yes ,../ No By--.c-
Yes No ....L.- By
Yes No V By
Yes No .1.... By
Yes No ./
EDA
/'
MIS
Finance
Others:
BEFORE FILING, REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term, etc.)
Ready to File: _
Date:
Revised 01/12/0 I