HomeMy WebLinkAboutR36-Economic Development Agency
ECONOMIC DEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO
....
PROPOSED PLAN AMENDMENTS TO
UPTOWN AND CENTRAL CITY
NORTH REDEVELOPMENT PROJECT
AREAS
FROM: Maggie Pacheco ,
Deputy Director/Housing & COrWnunity
Development"
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SWBfECT:
Svnopsis of Previous Commission/Council/Committee Action(s):
On January 13, 2000, the Redevelopment Committee recommcndcd to the Community Development Commission
approval to reinstate eminent domain powers in the Central City North, Central City South, Central City East, Uptown
and Meadowbrook Project Areas.
On January 24, 2000, the Community Development Commission authorized the Executive Director to prepare plan
amendments to reinstate eminent domain in the Central City North, Central City South, Central City East, Uptown and
Meadowbrook Project Areas,
On July 1,2002, the Mayor and Common Council adopted procedures for the formation and election of a Project Area
Conlinittee for the proposed redevelopment plan amendment for the Uptown Redevelopment Project Area and calling
for the formation of a Project Area Committee.
Recommended Motion(s):
(Mavor and Common Council)
MOTION A: RESOLUTION OF THE MAYOR AND COMMON COUNCIL MAKING CERTAIN FINDINGS,
DETERMINATIONS AND MODIFICATIONS TO THE ADOPTED JULY 1,2002 PROJECT AREA
COMMITTEE (PAC) PROCEDURES FOR THE UPTOWN REDEVELOPMENT PROJECT AREA.
MOTION B: RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO MODIFYING THE SCOPE OF THE PROPOSED PLAN AMENDMENTS TO
REINSTATE EMINENT DOMAIN FOR ALL PROPERTIES LOCATED WITHIN THE UPTOWN
AND CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREAS,
MOTION C: RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO ADOPTING PROCEDURES FOR THE FORMATION AND ELECTION OF A
PROJECT AREA COMMITTEE (PAC) AND CALLING FOR FORMATION OF A PAC FOR THE
PROPOSED PLAN AMENDMENT TO THE CENTRAL CITY NORTH REDEVELOPMENT
PROJECT AREA.
Contact Person(s):
Maggie Pacheco
Phone:
663-1044
Project Arca(s)
Uptown and Central City North
Ward(s):
1,2,3,6and7
Supporting Data Attached:
o StaffRep0l10 Resolution(s) 0 Agreement(s)/Contract(s) 0 Map(s) 0 Other
FUNDING REQUIREMENTS Amount: S
C
Source:
SIGNATURES:
Budget Authority:
)vl(/~~~
Maggie acheco, Deputy Dlrcctor/Dlrector
Housing & Community Development
Commission/Council Notes:
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P:\Clcrical Savices Dcpl\Margarcll'arkdAgcnda\CDC 2002\10-21-02 Up & eel" PAC,d()c
COMMISSION MEETING AGENDA
Meeting Date: 101/21/02
Agenda Item Number: '?"'3 Go
ECONOMIC DEVELOPMENT AGENCY
STAFF REPORT
Proposed Plan Amendments to
Uptown and Central Citv North Redevelopment Proiect Area
BACKGROUND:
Uptown Redevelopment Proiect Area:
On Jnly 1,2002, the Mayor and Common Council adopted procedures for formation of a Project Area
Committee (PAC) for the Uptown Redevelopment Project Area. The approved composition of the PAC
is as follows:
Cate{!orv
Number of Representatives
Residential Owner-Occupane
Residential Tenant'
Business Owner (includes Property Owner)'
Conmmnity Organization
2
2
6
--1
TOTAL
11
Staff notified all property owners (business owners, resident owners, resident tenants and community
organizations) within the Project Area of the pending plan amendment. On July IS, 2002 Staff mailed an
information flyer to the property owners' property tax billing addresses and a separate notice to each
street or addresses for all parcels within the Project Area. The mailing included text relating to the PAC
forumtion process in English and Spanish languages. Approximately 2,200 mailers were transmitted by
first-class mail infonning property owners and residents of a eonmmnity meeting on the plan amendment.
Approximately 19% of the mailed notices sent to the parcel street address or "occupant" or the owner
mailing address were returned as undeliverable, property vacant or moved with no forwarding address.
On July 25, 2002, a conmmnity meeting was held and fourteen (14) individual residents and
property/business owners attended (in addition to Agency Staff). During the July 25 presentation, Staff
made a presentation regarding the proposed plan amendment to reinstate eminent domain and encouraged
those in attendance to participate in the PAC and to take a PAC procedure/application. Of the fourteen
(14) in attendance, only two (2) attendees took a procedures/applications packet.
] Preferences will be given to residential owners and tenants in Subarea B. Subarea ^ residential owners and tenants will not be
summarily rejected, but Subarea A residentially zoned properties will nut be subject to reinstatement of condemnation.
2 Four urthe business owners will come from Subarea A. Two of the business owners will come from Subarea B.
COMMISSION MEETING AGENDA
Meeting Date: 10/21/02
P:\Clcrical SClviccs Dcpt\Mar~arell'urker\Agell<.la\CDC 2002\10-21.02 Up & eCN PACdoe
Agenda Item Number:
Economic Dcvelopment Agency
Staff Report
Page 2
As a result of the low attcndancc, subsequently on August 3, 2002, Staff mailed out approximately 150
PAC procedures/applications to residents and business/property owners. This separate mailing of PAC
procedures/applications was sent to businesses. This mailing was based on Staff's drive-by inspections of
opcn businesses and also included a large number of residential housing units in Subarea B. This separatc
mailing also contained a reminder notice about the PAC election scheduled for August 15, 2002.
Through these efforts, Staff received six (6) PAC member nomination applications for participation in the
PAC formation before the scheduled PAC election meeting on August 15,2002. However, since Staff
only rcccived six (6) PAC nomination applications for the eleven (11) approved categories, Staff decided
to postpone the election meeting until Scptember 10, 2002. Those six (6) residents and business/property
owners who had previously submitted applications were telephoned and informed that the election was
postponed until September 10, 2002 and each such person was encouraged to continue their participation.
Staff attended the August 15,2002 PAC election meeting at 7:00 p.m. in order to inform all persons who
arrived at the PAC election meeting ofthc new timc and datc of the PAC election. However, no one other
than Staff attended the meeting. Staff also posted a written notice of postponement of the August 15,
2002 PAC election meeting and also informing intercsted persons that the PAC election meeting was
rescheduled to September 10,2002 at 7:00 p.m.
On August 27, 2002, Staff mailed out a 2nd infonnation flyer to all property owners property tax billing
addresses and site addresses for all parcels within the Project Area. The mailing included a bilingual
notice of rescheduling the PAC election meeting to September 10,2002 at 7:00 p.m. On September I,
2002, a notice was published in The San Bernardino Sun newspaper the new schedule for application
submission and new PAC election meeting date. This notice resulted in nine (9) phone calls to Staff of
which only four (4) callers requested the PAC procedure/application packet.
In addition to the mailers, Staff also attended the Baseline Business Association, a local business owners
meeting, on September 4, 2002, to discuss the proposed plan amendment. This resulted in one (I)
interested applicant who requested a PAC application, out of six (6) businesses in attendance.
Prior to the September 10, 2002 scheduled PAC election, Staff had not received any new applications. At
the September 10,2002 election meeting, only three (3) individuals showcd up at the election meeting,
two (2) of whom were eligible to vote. Accordingly, only the two (2) eligible persons attended
representing thc "business owner" category and the "community organization" category of the potential
PAC membership. Hence no clcction was held per the adopted PAC procedures.
CURRENT ISSUE:
Because there appears to be no interest by the rcsidents of the projcct area to form a PAC, Staff and
Agency Legal Counsel discussed the Agency's legal obligation to fornl a PAC and to determine options
and solutions in an effort to allow the Agency to move forward with the plan amendment process. The
solutions involved documenting the number of residents in the project area in relation to the city as a
wholc, looking to other organizations as a means to conmmnicate project area activities, etc.
Health and Safety Code, Section 33385, et seq., states that a PAC must be formed under the following
circumstances:
"A Project Arca Conmlittee should be formed when either I) a substantial number of
low-moderate income persons reside within the project area and the redevelopment plan
will contain authority for the agency to acquire, by eminent domain, property on which a
persons reside, or 2) if a substantial number of low-moderate incomes persons will be
displaced by one or more public projects."
COMMISSION MEETING AGENDA
Meeting Date: 10//21102
P:\ClcricaJ Service, Dcpl\Margarct Parkcr\Agcnda\CDC 2002\ 10-21-02 Up & CCN p ACcl"c
Agenda Item Nnmber:
Economic Development Agency
Staff Report
Page 3
Accordingly, Staff conducted a census tract population count of the Project Area, which reveals that the
Project Area contains not more than 1,060 low-moderate income persons as compared to the total City of
San Bernardino population of 185,401 residents, which is less than 1% of the City's population, and
comparing the low- and moderate-income persons residing within the Project Area to the total number of
low- and moderate-income persons on a citywide basis (89,470), the Project Area contains less than 2%
of all low- and moderate-income persons residing within the City. Based on these statistics, a substantial
number of low-moderate income persons do not reside within the Project Area and therefore a substantial
number of low-moderate income residents will not be displaced by the project area plan amendment.
Using these statistics, compounded by the fact that there appears to be no resident interest in establishing
a PAC, it does not appear to be legally necessary to form a PAC. Further review of the Health and Safety
Code, Sections 33385 (f) and (g), states that: "if the project does not contain a substantial number of
low/moderate income individnals, the agency shall eithcr call upon the residents and existing conul1unity
organizations to form a project area eonunittce or the agency shall consult with, and obtain the advice of,
residents and community organizations as provided for project area committees in Section 33385 aud
provide those persons and organizations with the redevelopment plan prior to submitting it to the
legislative body."
Although the above noted facts exist, the Mayor and Common Council may deem it advisable and
beneficial to the residents of the Project Area to continue to keep in place the previously adopted PAC
procedures for a period of three (3) years from the date of the approval of the PAC procedure should the
conmmnity or residents desire to establish a PAC at a later date. However, Staff reconunends two
changes to the PAC procedures (I) reduce the number of PAC members in order to convene a PAC;
(2) that the PAC be elected at large as opposed to restricting participation according to snbareas. The
following shows the proposed changes to Section 401 of the Procedures.
A minimum of five (5) members will be required to form a PAC, which will include the number of
representatives listed in each category as follows:
Catel!orv
Number of Representatives
Residential Owner-Occupant
Residential Tenant
Business Owner (includes Property Owner)
Existing Conununity Organization
At least I
At least 1
At least 2
At least 1
TOTAL
5
The maximum PAC member composition of cleven (11) is proposed as follows:
Ca tel!orv
Number of Representatives
Residential Owner-Occupant
Residential Tenant
Business Owner (includes Property Owner)
Existing Community Organization
Up to 2
Up to 2
Up to 6
Up to -.l
TOTAL
11
COMMISSION MEETING AGENDA
Meeting Date: 10/21/02
P:\Clcrical Service, Dcpt\J\largnrctl'arkcr\AgcnJaICDC 2002\10-21-02 Up & eeN PACdoc
Agenda Item Number:
Economic Developmcnt Agency
Staff Rcport
Page 4
The PAC will be decmed to be in existence from and after the time that at least five (5) individuals as
noted above offer to serve on the PAC. The PAC procedures will be modified to reflect the above
categories and specifically as outlined in Attachment A to the Resolution under Motion A. The PAC
procedures will also be amended to reflect elimination of the preferential participation given to Subarea B
residents. The PAC will be elected at large, on a project wide basis.
Moreover, absent having a PAC, it is Staffs intent to inform and coordinate plan amendment efforts and
projccts through existing community groups, business and other organizations such as the Baseline and
Highland Business Associations, San Bernardino High School and DMV neighborhood associations.
Uptown and Central City North - Plan Amendments to Reinstate Eminent Domain:
Because several of the Staff Reports previously presented to the Council contained conflicting
information relative to the scope of the eminent domain powers, the past policy of limiting eminent
domain to nonresidential parcels, and coupled with the findings that Agency Staff and Agency Counsel
found by touring both Project Areas, Staff discussed the matter with the Redevelopment Committee on
October 10, 2002 and also toured the Project Areas.
For illustration purposes, what our tours and site visits of the project areas revealed was that there were a
number of incompatible and inconsistent land uscs existing throughout the project areas and along the
major cOl1ll1lercial corridors. There was also a high concentration of deteriorated and blighted housing
and infrastructure conditions which are not conducive to the economic viability and growth of the project
areas and cannot be remedied without the Agency's redevelopment powers, assistance and intervention.
By way of illustration, in Uptown from "E" to from 8'h Street to Highland A venue, there are twenty (20)
residential properties; on Baseline Avenue from 1-215 to Waterman Avenue, there are thirteen (13)
residential properties; and on Highland Avenue from 1-215 to Waterman Avenue, there are seven (7)
residential properties. The same inconsistent land use patterns can also be found within the Central City
North Redevelopment Project Area.
Accordingly, in order for the Agency to effectuate the objectives and goals of the redevelopment plan for
both Project Areas, and the Mayor and Council's desire to revitalize the cOl1ll1lercial business districts on
E Street, Baseline and Highland A venue, rebuild the older and deteriorated residential neighborhoods
around the downtown and the City's government seat, after the tour, the Redevelopment Committee voted
unanimously to recommend to the Community Development COl1ll1lission that the Agency proceed to
reestablish eminent domain powers, on an unrestricted basis, for all properties located within both Project
Areas.
In conjunction with the proposed plan amendment for Central City North, it is recommended that the
Mayor and COl1ll1lon Council adopt the attached PAC Procedures and call for the formation of a Project
Area Committee.
ENVIRONMENTAL IMPACT:
None.
COMMISSION MEETING AGENDA
Meeting Date: 10/21/02
P:\Clcrical Services Dcpl\~largarel Parkcr\Agcnda\CDC }002\lO.21-02 Up & CeN PAC.doc
Agenda Item Number:
Economic Development Agency
Staff Report
Page 5
FISCAL IMPACT:
None.
RECOMMENDATION:
That the Mayor and Common Council adopt the attached resolutions.
.. J
1/
iggie checo, Deputy Director!
Housing & Community Development
COMMISSION MEETING AGENDA
Meeting Date: 10/21102
1':\Ckrical Service, D~pl\Margarcl Parkcr\Agcnua\CJ)C }002\lO.21.(}2 Up & CeN I'AC.,loc
Agenda Item Number:
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RESOLUTION NO.
2
3
RESOLUTION OF THE MAYOR AND COMMON COUNCIL MAKING
CERTAIN FINDINGS, DETERMINATIONS AND MODIFICATIONS TO
THE ADOPTED JULY 1, 2002 PROJECT AREA COMMITTEE (PAC)
PROCEDURES FOR THE UPTOWN REDEVELOPMENT PROJECT
AREA
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WHEREAS, the Mayor and Common Council have previously approved the
Redevelopment Plan for the Uptown Redevelopment Project Area (the "Uptown Project Area")
8
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on June 16, 1986, which includes a portion of the commercial areas located on Highland
10
A venue, Baseline A venue, Ninth Street and "E" Street plus a noncontiguous subarea located
11
primarily between Third Street and Rialto Avenue and extending from '"]" Street to Mt. Vernon
12
Avenue which is predominantly residential in land use; and
13
WHEREAS, the Uptown Project Area as adopted contained a provision for the exercise
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by the Redevelopment Agency of the City of San Bernardino (the "Agency") of the powers of
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eminent domain to eliminate blight within the Uptown Project Area which powers have
previously terminated on June 16, 1998, by the express provisions contained in the applicable
Redevelopment Plan; and
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WHEREAS, the Mayor and Common Council have previously initiated procedures for
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the purposes of amending the Uptown Project Area to reinstate the powers of eminent domain
for the Agency in furtherance of continued redevelopment efforts within the Uptown Project
20
Area which powers are deemed to be vital for the continued elimination of blight within the
2]
Uptown Project Area; and
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P:\Clerlcal Sen'lces Dept\.\1a'l:.l.rt" Parker\Resolutiolls\2002\l0-21_02 Up & cello' Res A.doc
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("PAC") pursuant to Health & Safety Code Section 33385 and calling upon the residents and
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existing community organizations in the Uptown Project Area to form a PAC because it was
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reasonably believed that a substantial number of low- and moderate-income persons reside
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within the Uptown Project Area, and the amendment to the applicable Redevelopment Plan will
include the authorization for the exercise of the power of eminent domain by the Agency within
7
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the Uptown Project Area; and
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WHEREAS, the Agency Staff has attempted on two separate occasIOns to obtain
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individuals who are qualified pursuant to the Community Redevelopment Law ("CRL") to
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participate as voting members of the PAC, and Staff has been unable to locate any individuals
who are residents of the Uptown Project Area willing to serve as members of the PAC, and
notwithstanding that of the eleven positions designated by the Mayor and Common Council
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under said Resolution No. 2002-224 for there to be a representative PAC, only six applications
for membership have been received and on September 10 only two prospective PAC members
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representing business interests appeared at a meeting duly called pursuant to valid notices for
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the purpose of conducting the PAC elections; and
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WHEREAS, at said September 10 attempted PAC election meeting, it was determined
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by Agency Staff to be a fruitless effort to continue at that time with the course of action to fill
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the membership positions in the PAC without further authorization and direction from the
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Mayor and Common Council given the unique and unforeseen circumstances that have
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developed; and
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WHEREAS, the CRL requires that in those instances when a PAC is required to be
established, it shall remain in existence for a period of time that is not less than three (3) years
from the date of adoption of the amendment to the applicable Redevelopment Plan; and
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P;\Clerkal Su"dcu Depr\.'YIugl.ret Parker\ReiollltloDSUOO2\1G-21-4lZ Up & eel'\" Rei A.dllc
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eminent domain for the Agency in an effort to continue the ongoing progress of the Agency to
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eliminate blight within the Uptown Project Area; and
WHEREAS, it is reasonable for the Mayor and Common Council to continue to seek the
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formation of the PAC for a period of time equal to at least three years from the effective date of
the final adoption of the proposed amendment to the Uptown Project Area in the event at any
7
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later date after the date of this Resolution the residents and existing community organizations
deem it desirable to actually participate in the formation and ongoing administration of the PAC
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for the purposes as intended by the CRL and in accordance with Resolution No.2002-224; and
II
WHEREAS, the Uptown Project Area contains not more than 1,060 low- and moderate-
income persons as compared to the total City of San Bernardino population of 185,40 I residents
of which on a City-wide basis account for a percentage that is less than I %, and comparing the
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low- and moderate-income persons residing within the Uptown Project Area to the total number
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of low- and moderate-income persons on a City-wide basis of at least 89,470 low- and
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moderate-income persons, the Uptown Project Area contains less than 2% of all the low- and
]6
moderate-income persons who reside within the City of San Bernardino; and
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WHEREAS, based upon the Agency Staff Report as submitted to the Mayor and
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Common Council at and prior to the time of adoption of this Resolution, the demographic facts
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based upon the best available information do not corroborate that a substantial number of low-
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and moderate-income persons reside within the Uptown Project Area; and
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WHEREAS, it is the intent that the Staff of the Agency shall continue to work with,
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inform and coordinate all efforts regarding the proposed amendment to the Uptown Project Area
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with those existing community groups, business groups, religious organizations and other
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formal and informal organizations and groups such as the Baseline and Highland Business
Associations, the San Bernardino High School and DMV neighborhood associations; and
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P:\Clerkal Sen'lces Depl\.\ta"inet Puker\Rewlutions\2002\10.2I-02 Up & eel" Res A.dot
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WHEREAS, the Agency Staff shall remain empowered by this action of the Mayor and
Common Council to at anytime hereafter assist to the extent requested in the formation and
ongoing administration of the PAC if and when deemed necessary or desirable by the residents
and existing community organizations within the Uptown Project Area.
NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMlNED AND ORDERED B
THE MAYOR MTD COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, AS FOLLOWS:
Section I. The Mayor and Common Council hereby find and determine that the facts an
circumstances set forth in the Recitals hereof are true and correct in all respects. The Mayor an
Common Council acknowledge that the Staff report as presented to the Mayor and Commo
Council upon the adoption of this Resolution regarding the status of the formation of the PAC
the dissemination of information with respect thereto and the calling upon of residents an
exis1ing community organizations to participate in the process shall be deemed to be in al
. respects pursuant to Health & Safety Code Section 33385, et seq.
Section 2. Based upon the facts set forth in the Recitals hereto and the accompanyin
Staff Report, the Mayor and Common Council hereby direct Agency Staff to proceed with th
mailing of notices and the preparation of all required final documentation to complete th
process for the adoption of the proposed Amendment to the Redevelopment Plan for the Uptow
Redevelopment Project Area. It is recognized by the Mayor and Common Council that suc
proposed amendment will have the effect of reinstating the authority of the Agency to exercis
the power of eminent domain as to all properties without any limitation as to current uses, zonin
or General Plan designations included within the Uptown Project Area.
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P:\Clerical S~rdcl'!; Dept\.\1argnel Parl;er\ReioluthHl!li\2001\1(l.2].02 Up & CCf'i Rt.'l A.doc
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Section 3. Resolution No. 2002-224 as adopted by this Mayor and Common Council 0
2 July I, 2002, providing for the formation of the PAC and calling upon residents and existin
3
community organizations to participate as the PAC shall remain in full force -and effect for
4
period of time not less than three (3) years from the effective date of the adoption of th
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proposed amendment to the Uptown Project Area unless the Mayor and Common Council shal
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take such other action at a later date as deemed necessary under the circumstances. At any tim
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from and after the date of adoption of this Resolution until the expiration of the duration of th
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PAC, residents and existing community organizations may express their desire to the Agenc
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Staff to participate as the PAC subject to the qualifications and membership requirements as se
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forth in said Resolution No. 2002-224. Agency Staff shall be fully empowered to provide fo
11
elections and the appointments of members to the PAC as authorized by said Resolution No.
2002-224 for the period of time as specified herein.
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Section 4. That the PAC procedures adopted by Resolution No. 2002-224, Section 401
13
Categories, be amended to read as follows:
14
The PAC is to be composed of a minimum of five (5) members, which shall include th
]5
number of representatives listed in each of the following categories:
16
Categorv
Number of Representatives
17
18
Residential Owner-Occupant
Residential Tenant
Business Owner (includes Property Owner)
Existing Community Organization
At least I
At least I
At least 2
At least 1
TOTAL
5
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P;IClcrlcat Service Dept\MnglTcl Parker\Ruolutions'JOO1\1Q-21-02 Up & eel" Ra A.doc
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The PAC shall be deemed to be in existence from and after the time that at least five individuals offe
to serve on the PAC provided that as to the initial five PAC members each of the above set forth categories 0
membership need not be complied with if at least one residential representative from either of the tw
occurred by the presence of such minimum number of individuals at such meeting. Such initial P A
residential membership categories is a member of the PAC. At the first meeting of the PAC at which th
minimum requisite number of individuals is present, the election of the PAC shall be deemed to hav
members shall have a tenn in office of one yearfrom and after the date of the first such meeting of the PAC
If at such meeting more than five individuals express a desire to serve on the PAC, then the individuals il
attendance shall be vote elect five individuals to serve a one-year term in office and the remaining individua
or individuals shall be elected to serve a two-year term in office. The membership of the PAC may b
increased from time to time but not to exceed the requisite maximum number of eleven individuals. At sucl
time as there are eleven individuals serving on the PAC, the membership categories must be strictly complie
than eleven members, additional members may be added from time to time upon the recognition of the the
with as applicable for the full membership of eleven individuals. After the initial seating of the PAC of les
current PAC members that each such individual is qualified to serve on the PAC and for the appropriat
category of membership. In the event there are more candidates available than there are vacant seats on th
PAC at any such time, the then present PAC members and all other individuals who are qualified to vote fo
the election of members of the PAC shall conduct a vote for the remaining seats to be filled for either th
initial one-year term of office or the two-year term of office. Elections shall be held annually thereafter and i
there are a number of individuals seeking membership in the PAC equal to or less than the number of seat
then scheduled to be vacated, including those which are already vacant, no further election shall be held an
all such individuals shall thereupon be seated for their respective terms in office upon their acceptance 0
such appointment. If a vacancy shall occur more than thirty days prior to the next annual PAC election, th
PAC shall vote for a replacement PAC member from those candidates seeking to participate in the PAC fo
the unexpired term until the next annual election for the particular seat then being vacated.
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P:\C1eri~.1 SC'rvlt~ Dept\.\111rgarel Parker\Resollltionl.\2002\1G-11-Ol Up &: CCI" Re$ A.doe
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Provided sufficient nomination applications are received for each category of representation,
2 maximum of eleven (II) members, which would include the number of representatives, listed i
3 each category.
.
is possible that the number of representatives in one or more of the categories or the tota
membership may be below those levels set forth in the preceding portion of this Section 40 I.
Such circumstances will not affect conduct of business by the PAC provided that a majority 0
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Category
Number of Renresentatives
Residential Owner-Occupant
Residential Tenant
Business Owner (includes Property Owner)
Existing Community Organization
Upto 2
Up to 2
Up to 6
Up to ~
TOTAL
11
Because of the voluntary nature of participation in the PAC as well as other constraints, i
the members then serving on the PAC are present to constitute a quorum of the voting P A
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members for the conduct of business of the PAC. All matters brought before the PAC fo
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consideration shall require the affirmative vote of a majority of the quorum then present an
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qualified to act at such meeting at the time the vote is taken.
III
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Section 5. The Mayor and Common Council, based upon the facts set forth in the Recital
and the attached Staff Report, further find and determine that the Uptown Project Area contains no
more than 1,060 low- and moderate-income persons who may be affected by ,any exercise of th
powers of eminent domain by the Agency. As compared to the entire population of the City of S
Bernardino, such number of affected residents does not comprise a substantial number a
compared to the entire population of the City of San Bernardino or as compared to the entir
number of low- and moderate-income persons residing within the City of San Bernardino bu
outside the Uptown Project Area. The Mayor and Common Council therefore find and determin
that although pursuant to Health & Safety Code Section 33385 it would not be necessary to call fo
the formation of the PAC, the Mayor and Common Council deem it advisable and beneficial to th
residents of the Upto"m Project Area to continue the authorization for the existence of the PAC t
continue for the above referenced three-year period of time.
12
/II
13
. /II
14
/II
15
/II
16
/II
17
/II
18 /II
19 /II
20 /II
21 /II
22 1/1
23 /II
24 III
25 III
.
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22 By:
23 Si. M;r, Ci
24
25
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e 14
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2
RESOLUTION OF THE MAYOR AND COMMON COUNCIL MAKING
CERTAIN FINDINGS, DETERMINATIONS AND MODIFICATIONS TO
THE ADOPTED JULY 1, 2002 PROJECT AREA COMMITTEE (PAC)
PROCEDURES FOR THE UPTOVVN REDEVELOPMENT PROJECT
AREA
3
4
Section 6. This Resolution shall take effect upon its adoption and execution in the
5
manner as required by the City Charter.
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
day of
, 2002, by the following vote to wit:
Council Members:
Aves
Navs
Abstain
Absent
ESTRADA
LIEN
MCGIl\TNIS
DERRY
SUAREZ
ANDERSON
MC CAMMACK
17
Rachel G. Clark, City Clerk
]8
The foregoing resolution is hereby approved this
day of
,2002.
19
Judith Valles, Mayor
City of San Bernardino
Content:
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P:\Clerlcal Services Dept\MI.I'1.~t Parker\Resollllions\10D2\1o.21-01 Up" CCN Res A.doc
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e 13
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e
RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO MODIFYING THE SCOPE OF THE
PROPOSED PLAN AMENDMENTS TO REINSTATE EMINENT
DOMAIN FOR ALL PROPERTIES LOCATED WITHIN THE UPTOWN
AND CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREAS
WHEREAS, the Mayor and Common Council have previously approved the
Redevelopment Plan for the Uptown Redevelopment Project Area (the "Uptown Project Area")
on June 16, 1986, and the Central City North Redevelopment Project Area ("Central City
North") on August 6, 1973 (the "Project Areas"); and
WHEREAS, the Project Areas as adopted contained a provision for the exercise by the
Redevelopment Agency of the City of San Bernardino (the "Agency") of the powers of eminent
domain to eliminate blight within the Project Areas which powers have previously terminated
on June 16, 1998 for the Uptown Project Area and January 1,1999 for the Central City North
Project Area, by the express provisions contained in the applicable Redevelopment Plans; and
WHEREAS, the Mayor and Common Council have previously taken actions or initiated
procedures for the purposes of amending the Project Areas to reinstate the powers of eminent
19
domain for the Agency in furtherance of continued redevelopment efforts within the Project
Areas which powers are deemed to be vital for the continued elimination of blight within the
Project Areas; and
WHEREAS, it is necessary that the Mayor and Common council proceed with the adoptio
20
21
of the proposed amendments to the Project Areas to reinstate the powers of eminent domain for al
22
properties located within the Project Areas without being limited to current uses, zoning or genera
23
plan designations, and for the Agency to continue the ongoing progress of eliminating blight withi
24
the Project Areas pursuant to the adopted Redevelopment Plan for the Project Areas.
25
III
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" ,.dO" ,....,..... ",_lec".Rr',,,1,,ti"n<\~nr12\.10-21-02 l'P & CC1'\ Rf~ B.doc
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.13
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19 1//
20 /1/
21 1//
22 1//
23 /1/
24 1//
e25 /1/
2
NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND ORDERED
BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, AS
FOLLOWS:
3
4
Section 1. The Mayor and Common Council hereby find and determine that the Projec
5
Areas contain the following factors of blight including, but not limited to:
6
Buildings in which it is unsafe or unhealthy for persons to live or work, due t
7
serious Building Code violations, dilapidation and deterioration, defective design or physica
8
construction, faulty or inadequate infrastructure, or other similar factors;
9
Adjacent or nearby uses that are incompatible with each other and that prevent th
10
economic development of those parcels or other portions of the Project Areas;
11
Properties currently served by infrastructure that does not meet existing adopte
12
utility or community infrastructure standards;
Factors that prevent or substantially hinder the economically viable reuse 0
capacity of building or areas, caused by conditions including, but not limited to, all of th
15
following: a substandard design; buildings that are too large or too small given present standard
]6
and market conditions; age, obsolescence, deterioration, dilapidation; inadequate parking'
17
buildings requiring demolition because of unsafe conditions; or other physical conditions tha
18
could prevent the highest and best uses of the property.
-2-
P:\Clerlcal Stl"\'lces Depll.\1argarel Parker\Rulllution$\2002\l0-21-02 UP & CCN Res R.dGe
.
2
3
4
5
6
7
8
9
10
11
]2
.13
14
15
16
17
Section 2.
Based on the cited conditions in Section I above, the Mayor and Commo
Council hereby find that it is in the vital interest of the residents of the Project Areas that th
Redevelopment Agency of the City of San Bernardino (the "Agency") continue it
redevelopment program of: redeveloping and rebuilding facilitates in the Project Areas t
provide safe and more efficient service for the people in the area and the general public as
whole; to provide for the removal of structurally substandard buildings to permit the return of th
Project Areas land to economic use and new construction; to eliminate environmenta
deficiencies such as small and irregular lot subdivisions, inadequate street layout, overcrowdin
of the land, and unsightly overhead utilities; the removal of impediments to land disposition an
development through acquisition and or assembly of land into reasonably sized and shape
parcels served by an improved street system and improved public utilities; to encourage an
foster economic revitalization of the Project Areas; and in order to effectively accomplish it
redevelopment program in accordance with the Redevelopment Plans for the respective Projec
Areas, the Mayor and Common Council, find it necessary to reinstate eminent domain for al
properties located within the Project Areas and thenceforth, desire to amend the Redevelopmen
Plans for the Project Areas accordingly.
III
18 III
19 III
20 III
21 III
22 III
23 III
24 III
.25 III
-3-
P;IClerlcal Services Depl\.\-brgarrt Parker\Resolulions\2002\tll-ll-02 UP &: CCN Res B.d~
_1
2
e13
14
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO MODIFYING THE SCOPE OF THE
PROPOSED PLAN AMENDMENTS TO REINSTATE EMINENT
DOMAIN FOR ALL PROPERTIES LOCATED WITHIN THE UPTOWN
AND CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREAS
3
4
5
Section 3. This Resolution shall take effect upon its adoption and execution in the
manner as required by the City Charter.
6
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
7
Common Council of the City of San Bernardino at a
meeting thereof, held on the
8
day of
Absent
9
Council Members:
, 2002, by the following vote to wit:
Aves
Navs
10
ESTRADA
LIEN
MCGINNIS
DERRY
SUAREZ
ANDERSON
MC CAMMACK
Abstain
Rachel G. Clark, City Clerk
18 The foregoing resolution is hereby approved this
_5
11
12
15
16
17
19
20
21
22
By:
H'.. mI'". City Attorney
23
24
day of
,2002.
Judith Valles, Mayor
City of San Bernardino
and ga Content:
(;J
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P:\Clerlul Sn\lkes Depl\.'\1argarel ParkeMesolullons\2002\IO-21-02 UP & CCN Res B.doe
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19 ///
20 ///
21 ///
22 /1/
23 ///
24 ///
e25 ///
RESOLUTION NO.
2
3
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO ADOPTING PROCEDURES FOR THE
FORMATION AND ELECTION OF A PROJECT AREA COMMITTEE
(PAC) AND CALLING FOR FORMATION OF A PAC FOR THE
PROPOSED PLAN AMENDMENT TO THE CENTRAL CITY NORTH
REDEVELOPMENT PROJECT AREA
4
5
6
7
WHEREAS, the Mayor and Common Council of the City of San Bernardino and the
8
Community Development Commission ("Commission") propose to adopt an Amendment to
9
the Redevelopment Plan ("Amendment") for the Central City North Redevelopment Project
10
Area ("Project Area") to reinstate the powers of eminent domain for all properties in the
11
Project Area; and
12
WHEREAS, Section 33385 (a) of the California Community Redevelopment Law
("CRL") requires that a Project Area Committee ("PAC") be formed when the proposed
Project Area is believed to contain a substantial number of low- or moderate-income persons,
15
or both; and
16
WHEREAS, Section 33385 of the CRL also requires the Mayor and Common Council
17
to adopt a procedure, by Resolution, for the formation of a PAC and to adopt procedures
18
regarding the project-wide election of PAC members.
-1-
P;\Ckrkal Services Dept\.'largarel Parku\ResolulloDs\2002\10-21-02 Up &: eel\: Res C.do
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15 //1
16 //1
17 //1
18 1//
19 !II
20 1//
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22 I!I
23 !II
24 !II
e25 1//
NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND
ORDERED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO, AS FOLLOWS:
Section I.
The document entitled "Draft Procedures for Formation and
Election of the Project Area Committee for the Community Development Commission of the
City of San Bernardino Amendment of the Redevelopment Plan for the Central City North
Redevelopment Project Area" dated October 2002 a copy of which is attached hereto as
Exhibit "A," is hereby adopted as the procedure to be followed for the formation and election
of the PAC for the proposed Amendment to the Central City North Redevelopment Project.
Section 2.
The Mayor and Common Council calls upon the property
owners, residents, businesses and existing community organizations within the Central City
North Project Area to form a Project Area Committee, as more fully described in the PAC
Procedure.
!II
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P:\C1ericat Service!; Drpt\.\h.l1:arel Parker\ResolullonsIl002\IG-ZI.02 Up & CCN Res C.d"
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e25
2
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO ADOPTING PROCEDURES FOR THE
FORMATION AND ELECTION OF A PROJECT AREA COMMITTEE
(PAC) AND CALLING FOR FORMATION OF A PAC FOR THE
PROPOSED PLAN AMENDMENT TO THE CENTRAL CITY NORTH
REDEVELOPMENT PROJECT AREA
3
4
5
Section 3. This Resolution shall take effect upon its adoption and execution in th
6
manner as required by the City Charter.
7
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor an
8 Common Council of the City of San Bernardino at a
meeting thereof, held on th
9
day of
, 2002, by the following vote to wit:
10
Council Members:
Navs
Abstain
Absent
Aves
II
ESTRADA
LIEN
MCGINNIS
DERRY
SUAREZ
ANDERSON
MC CAMMACK
12
15
16
17
18
Rachel G. Clark, City Clerk
19
The foregoing resolution is hereby approved this
day of
,2002.
20
21
22
Judith Valles, Mayor
City of San Bernardino
23
-3-
24
By:
sc. {1m> City Attorney
P:\C1erinJ Services Depl\.V1argaret ParkerlResolullons\2002\1lJ...21-02 Up &. CC"" Res C.do
EXHIBIT "A"
.
DRAFT PROCEDURES FOR
FORMATION AND ELECTION
OF THE PROJECT AREA COMMITTEE
FOR THE
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
.
AMENDMENT OF THE REDEVELOPMENT PLAN
FOR THE
CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA
OCTOBER 2002
Preparation by:
l~
Rosenow Spevacek Group, Inc.
.
217 North Main Street, Suite 300
Santa Ana, California 92701-4822
Phone: (714) 541-4585
Fax: (714)836-1748
E-Mail: info@webrsg.com
.
.
.
I.
II.
III.
IV.
V.
VI.
VII.
[100]
A.
B.
C.
[200]
A.
B.
[300]
A.
B.
C.
D.
E.
[400]
A.
B.
C.
[500]
A.
B.
[600]
A.
B.
C.
D.
E.
F.
[700]
A.
B.
EXHIBITS
A.
B.
TABLE OF CONTENTS
Page
GENERAL............................................................................................................1
[101] Purpose... .......... ........ ..... ... ......... ... ........ ................. ......... ........ .................... 1
[102] Authority ....................................................................................................1
[103] Definitions..................... ...... .......... ...... ....... ......... ......... .................. ............ 1
PUBLIC MEETINGS .......................................................................................... 2
[201] Meetings.............. ........ ..... .......... ...... ........ ......... ..... ....... ............................. 2
[202] Presentation of PAC to Common CounciL.............................................. 3
NOTICE OF MEETINGS, HEARINGS, AND PLEBISCITES .....................3
[301] Publication of Opportunity to Serve .......................................................... 3
[302] Publication of Notice ................................................................................. 3
[303] Notice by Mail........................................................................................... 3
[304] Other Forms of Notice ............................................................................... 4
[305] Foreign Languages.... ..... ......... ............ ..... ................ ....... ............... ............ 4
COMPOSITION OF PAC MEMBERSHIP...................................................... 4
[40 I] Categories ..................................................................................................4
[402] Existing Community Organization ..................................:......................... 5
[403] Vacancies in Membership Categories -- Adjustment of Composition of
PAC; Succession................ .......... ......... ......... ........ ........... ......... ... ..... ...... ..............5
ELECTION PROCEDURE ................................................................................ 5
[501 ] PAC Applications ...................................................................................... 5
[502] Listing of Eligible Candidates ................................................................... 6
ELIGIBILITY REQUIREMENTS FOR PAC MEMBERSHIP..................... 6
[601 ] Voter Registration ......................................................................................6
[602] Candidate Speeches ................................................................................... 7
[603] Voting Categories ...................................................................................... 7
[604] Balloting.......... ........ ..... ..... ....... ..... ...... .......... ........... ....... ..... ... ... .......... ...... 8
[605] ResultslRuno ffs.......................................................................................... 8
[606] ChallengesN alidity............. ....... .............. ......... ......... .... ... ......................... 8
SPECIAL PROVISIONS ....................................................................................8
[701] Compensation of PAC Members ............................................................... 8
[702] Amendment of Procedure .......................................................................... 8
PAC Area Map
Project Area Committee Application
P\Dcvelopmetlt DepI;\JoIm\My Documcnls\CCN\PAC!>roced~ Cklobcr 2002_00c
.
REVISED PROCEDURES FOR FORMATION AND ELECTION OF
THE PROJECT AREA COMMITTEE FOR ADOPTION OF
THE AMENDMENT TO THE CENTRAL CITY NORTH
REDEVELOPMENT PROJECT AREA
I. [100] GENERAL
A. [101] Purpose
The purpose of this document is to set forth a procedure for formation of a project area
committee (the "PAC") for the City of San Bernardino Community Development Commission's (the
"Commission") adoption of the Amendment to the Central City North Redevelopment Project Area (the
"Project" or "Project Area"). The proposed project area amendment will allow for limited eminent
domain powers in the Project Area. A map identifying the Project Area is attached hereto as Exhibit A
and is referred to herein as the "PAC Area Map." Section 33385 of the Community Redevelopment Law
(California Health and Safety Code 33000 et seq., herein referred to as the "Redevelopment Law")
provides for the Common Council of the City of San Bernardino (the "City") to establish a procedure for
formation of the PAC and a community-wide procedure for election of PAC members (the "Procedure").
The Procedure established herein shall be used to govern formation and election of the PAC.
B. [102] Authority
.
This Procedure was approved and adopted on
_ by the Common Council of the City of San Bernardino.
, 2002 by Resolution No. 2002-
Upon the effectiveness of this Procedure, the Executive Director of the Economic
Development Agency ("EDA") or. his designee shall have the authority to set and conduct PAC
formation meeting(s) and to establish due dates for receipt of PAC membership applications and
certifications of eligibility, all in accordance with the process more particularly set forth in Section 500,
et seq., herein. Additionally, the EDA Staff and other staff/resources designated by the Commission
shall provide for the effective operation of the PAC and seek the consultation and advice of the PAC on
matters concerning those policy matters which deal with the planning and the provision of residential
facilities or replacement housing for those to be displaced by project activities and on other policy
matters which affect the residents of the Project Area.
C. [103] Definitions
For the purposes herein:
.
1. "Business" means any lawful activity, whether or not carried on for profit,
which is conducted within the PAC 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 PAC Area, who does not use the real property for their primary residence.
Such real property includes residential non-owner occupied property, industrial property, retail property,
and other commercial property.
Rosenow Spevacek Group, Inc.
September 10, 2002
1
San Bernardino Community Development Commission
Draft Revised PAC Procedures
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2.
"City" means the City of San Bernardino, California, a municipal corporation.
3. "Common Council" means the City Council of the City of San Bernardino,
exercising powers as the legislative body under the Redevelopment Law.
4. "Community Development Commission" or "Commission" means the City of
San Bernardino Community Development Commission, a public body, corporate and politic, which
exercises powers as a redevelopment agency under the Redevelopment Law.
5. "Economic Development Agency" or "EDA" means the City of San
Bernardino Economic Development Agency, a separate operating division of the City of San Bernardino
responsible for redevelopment and other functions for the City.
6. "EDA Staff' mean any personnel of the Economic Development Agency that
may be assigned as staff to the Commission and/or the PAC.
7. "Existing Community Organization" means any nonprofit asSOCiatIOn of
Persons organized for religious, entrepreneurial, scientific, educational, literary or other purposes, which
conducts its regularly scheduled meetings within the boundaries of the PAC Area and uses an address
located within the Project Area for its office or headquarters or specifically serves the Project Area.
8. "Executive Director" is an individual appointed by the Common Council to
serve as the Executive Director of the Economic Development Agency of the City of San Bernardino.
9. "Person" means, but is not limited to, an individual, household, family,
proprietorship, partnership, business trust,joint venture, syndicate, corporation, or association.
10.
hereto as Exhibit A.
"PAC Area" means the PAC Area shown on the PAC Area Map attached
II. "Project Area Committee" or "PAC" means the committee formed and selected
in accordance with Section 33385, et seq., of the Redevelopment Law and the procedure set forth herein.
12. "Resident" means a Residential Owner-Occupant or Residential Tenant.
13. "Residential Owner-Occupant" means a person who owns a dwelling unit in
the PAC Area and occupies such dwelling unit as the person's permanent residence and usual place of
abode.
14. "Residential Tenant" means a person who rents a dwelling unit in the PAC
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.
II. [200] PUBLIC MEETINGS
A.
[201]
Meetings
The EDA Staff shall conduct at least one public informational meeting to explain the
establishment and functions of the PAC, and the opportunity to serve on the PAC and shall conduct a
Rosenow Spevacek Group, Inc.
October 10. 2002
San Bernardino Communily Development Commission
2 Draft PAC Procedures
P:lDevelopment DepttJohn\My Documl!nts\CCMPAC Procedures October 2002.doc
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meeting to elect members of the PAC. It is contemplated that the election will take place within two
weeks of the informational meeting. At the informational meeting, the EDA Staff 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 Commission determines would be useful.
It is contemplated that the PAC Election meeting will be held on January 23, 2003, or
on such dates as selected by the EDA Executive Director, in accordance with the process more
particularly set forth in Section 100 and 500, et seq.. herein.
B.
[202]
Presentation of PAC to Common Council
The Commission shall present the results of the PAC Election to the Common Council
at a regular meeting of the Common CoUncil following the PAC Election, which date shall be announced
at the PAC Election meeting. The Common 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.
III. [300] NOTICE OF MEETINGS, HEARINGS, AND PLEBISCITES
The Commission shall publish notice of all meetings, hearings, or plebiscites conducted
by the Commission or the Common Council, or on behalf of the Common Councilor Commission,
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 California Government Code.
A. [301 J Publication of Opportuuity to Serve
The Commission 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 PAC Area. This notice shall be mailed by first-class mail at least thirty- (30) days prior to the
formation of the PAC.
B.
[302]
Publication of Notice
The Commission 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:
(I) 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/PAC 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.
[303]
Notice by Mail
The Commission shall mail written notice to all Residents, Businesses, and Existing
Community Organizations in the PAC Area of all meetings, hearings, or plebiscites conducted by, or on
behalf of, the Commission or the Common Council relative to the formation and selection of the PAC
Rosenow Spevacek Group, Inc.
October 10, 2002
San Bernardino Community Development Commission
3 Draft PAC Procedures
P:lDevelopmetl/ DepllJohnlMy DocumentslCCMPAC Procedures October 2002.doc
~-
.
.
.
(following the approval of this Procedure). This mailed notice requirement shall only apply if mailing
addresses of all Residents, Businesses, Community Organizations, or of all occupants, are obtainable by
the Commission 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
Commission 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 Commission has acted in good faith to comply with the notice requirements of this
Section 303, the failure of the Commission to provide the required notice to Residents, Businesses, or
Community Organizations 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
In addition to the notice required by Sections 301, 302, and 303, the Commission may
post notices, distribute flyers, mail postcards, FAX, telephone, purchase TV, radio or newspaper display
advertisements or undertake such other public notice actions as it deems necessary or desirable to further
inform Residents, Businesses, and Existing Community Organizations of the formation of the PAC.
E.
[305]
Foreign Languages
Any of the notices or announcements required herein may be translated into another
language if the Commission 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.
IV.
[400] COMPOSITION OF PAC MEMBERSillP
A.
[401]
Categories
Subject to the remaining provisions of this Section 40 I, the PAC is to be composed of
five (5) members, which shall include the number of representatives listed in each of the following
categories:
Category
Number of Representatives
Residential Owner-Occupant
Residential Tenant
Business Owner (includes property owner)'
Existing Community Organization
1 Minimum
1 Minimum
2
1
TOTAL
5
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, as long as there are at least four (4)
members on the PAC.
Rosenow Spevacek Group, Inc.
October 10, 2002
San Bernardino Community Development Commission
4 Draft PAC Procedures
P:lDeve/opment Dept1John\My DocumentslCCMPAC Procedures Odober 2001.doc
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.
B.
[402) Existing Commnnity Organization/Appointment of Representative
The election of the Existing Community Organization shall be by crossover voting by all
categories of PAC representation. (This means that a residential tenant or a business owner may vote to
elect an Existing Community Organization candidate to the PAC.)
The Existing Community Organization elected to serve on the PAC pursuant to Part V
of this Procedure shall appoint one of its members to serve as its representative 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 hislher representative capacity.
c. [403J 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, as long as there
are at least three (3) members on the PAC.
.
If, at the time of the formation of the PAC and at anytime thereafter, no Existing
Community Organization has been elected or there is a vacancy, the. vacancy may be filled by the
appointment of an Existing Community Organization that is located or that specifically serves the area
by the Common Council.
If a vacancy should remain or occur after the formation of the PAC, the PAC shall by a
vote of its remaining members determine which person(s), from the list of pre-qualified applicants
maintained by the EDA Staff, shall fill the categories or positions that are vacant. Such determination
shall be made pursuant to such process, as the PAC shall deem appropriate, and without the mailing of
notices required pursuant to Section 303 of this Procedure concerning the original establishment of the
PAC.
V. [500) ELECTION PROCEDURE
A. [SOl) PAC Applications
A candidate for PAC membership must submit a completed PAC Application to the
EDA office, which application must be received by the Commission ten business days prior to the PAC
Election or by 12:00 noon, January 10, 2003 or on such other dates as selected by the EDA Executive
Director. A copy of the "Project Area Committee Application" is attached hereto as Exhibit "B" 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 election meeting described in Section 20 I above, and at the EDA office prior to such
meeting.
Applications may be obtained and must be submitted at the following location and address:
.
Economic Development Agency
City of San Bernardino
Rosenow Spevacek Group, Inc.
October 10, 2002
San Bernardino Community Development Commission
5 Draft PAC Procedures
P:\Deve/opment Dept\JohnlMy DocumentslCCMPAC Procedures October 2002.doc
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201 North "E" Street, Suite 301
San Bernardino, CA 92401
(909) 663-1044
B. [502J Listing of Eligible Candidates
After a candidate's application has been reviewed to determine the candidate's
eligibility for PAC membership, the candidate's name and category will be placed on a sample ballot.
The sample ballot containing the names and categories of all eligible candidates will be posted at 8:00
AM, Friday, January 17, 2003 on the EDA office's Notice Board and made available to all eligible
candidates, the general public and any other interested parties.
VI. [600J 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 Fair Political
Practices Commission 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:
I. ResidentiaIOwner-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 PAC 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 EDA Staff that he or she is (I) at least eighteen (18) years of age
or older and (2) is a Residential Owner-Occupant or Residential Tenant or Business Owner in the PAC
Area, or is the authorized representative (as evidenced by a letter) of a Business or Existing Community
Organization within the PAC Area. Only one individual may vote on behalf of any Residential Owner-
Occupant, Residential Tenant, 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:
Photo identification, such as a 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:
Rosenow Spevacek Group, Inc.
October 10, 1001
San Bernardino Community Development Commission
6 Draft PAC Procedures
P:lDevelopmen/ Dep/\JolrnlMy Documen/slCCMPAC Procedures October 2001.doc
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2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
Rental Agreement
Rent Receipt
Grant Deed to Real Property
Property Tax Bill
Business License Issued by the State of California or City
City Business Tax Certificate
Utility Bill
Voter Registration
Resolution of or Letter from Business
Resolution of Existing Community Organization
Other Official Documents
Anyone who is qualified and desiring to vote at the PAC election but who is unable to attend may
register and obtain an absentee ballot from the office of the Economic Development Agency four (4)
business days prior to the election, or starting on Friday at 8:00 AM, January 17, 2003.
Absentee ballots shall be deposited at the Economic Development Agency's office by 5:00 PM the
day ofthe election, Thursday, January 23, 2003.
e
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 make 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.
C. [603] 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 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.
e
Rosenow Spevacek Group, Inc.
October 10, 2002
San Bernardino Community Development Commission
7 Draft PAC Procedures
P:IDevelopment DeptVohnlMy DocumentslCCMPAC Procedures October 2002.doc
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D. (604) 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 Business ballot, and an Existing
Community Organization ballot. Voting shall be conducted by secret ballot. The Economic
Development Agency shall have election assistants to collect and tally the ballots. A representative of
the City Clerk's office shall ensure secrecy of the ballot by requiring each ballot to be folded and passed
to an election assistant. Absentee ballots shall be deposited at the Economic Development Agency's
office by 5:00 PM the day of the election, Thursday, January 23, 2003. The election assistants shall
tally the ballots at the PAC Election meeting and the representative from the City Clerk's office shall
provide official verification of the results of the PAC Election.
E. [605] Results/Runoffs
The EDA 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. Also at
the PAC Election meeting, EDA Staff shall announce that the results and ballots shall be maintained by
the representative of the City Clerk's office for presentation to the Common Council at a regular meeting
of the Common Council following the PAC Election, which date shall be announced at the PAC Election
meeting.
F.
[606]
ChallengesN aIidity
Any challenge to the PAC Election or to the electoral procedures followed in connection
with the PAC Election shall be filed with the Common Council within fifteen (I5) calendar days
following the PAC Election. The Common 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 Ejection.
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 Common Council.
Rosenow Spevacek Group, Inc.
October IO, 2002
8
San Bernardino Community Development Commission
Draft PAC Procedures
P:lDeveJopment DeptlJoltnlMy DocumentslCCNlPAC Procedures Odober 2002.doc
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EXHIBIT A
CENTRAL CITY NORTH
PAC AREA MAP
P:\DeveJopmc:nl DeplI..lolU1\My DoeumentsICCN\PAC I'roudures October 2002.00c
CITY OF SAN BERNARDINO
CENTRAL CITY NORTH
REDEVELOPMENT PROJECT AREA
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General Plan /Land Use 1"-
Designations NORTH
I co (1-2) I Commercial Office
~f!5ril Commercial General
~ Commercial Regional
_ Public Facility
I~ ':RM~ Residential Medium
Jla.RMHi!I!Iil Residential Medium Heavy
e
EXHIBIT B
PROJECT AREA COMMITTEE APPLICATION
UPTOWN REDEVELOPMENT PROJECT AREA
STATEMENT OF INTEREST AND QUALIFICATIONS
This information will be made available to voters before the election.
(Please print and check the appropriate boxes)
Due 12:00 Noon, Friday
January 10,2003
To the Common Council of the City of San Bernardino:
I,
(Name: PLEASE PRINT)
Would like to volunteer to run for election to the Uptown Redevelopment Project Area Committee (the
"PAC") at the election meeting to be held on Thursday, January 23,2003 at 7:00 pm.
I would like to be elected for the following category:
. [CHOOSE ONE ONLY}
[-.J Residential Owner-Occupant
U Residential Tenant
[-.J Business Owner (includes property owner)
U Existing Community Organization
I CERTIFY THAT WITHIN THE CENTRAL CITY NORTH PAC AREA BOUNDARIES:
[CHOOSE ONE ONLY]
1. I am a Residential Owner-Occupant 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:
.
10f2
P:\Dfvl'lopmenl DeptUohnl.\Ir DOClllMots\CCN\PAC Proceduru OClobfr 2002.doe
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4. I am a member of an Existing Community Organization for eitber a service club LJ, a church group
LJ, a neighborhood organization LJ, or other nonprofit community organization LJ, which
conducts its regularly scheduled meetings within and uses an address located within tbe PAC Area,
and I 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 tbem. The name, address, and description of tbis
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 P ACmember, I will be required to complete a Statement of Economic
Interest, which discloses certain personal financial information concerning any financial interests I (and
my family and spouse, if applicable) have in the Project Area. I possess all tbe 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 tbe foregoing is true and
correct:
Date and Place
Residence Address
Signature
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, tbis completed application must be returned to
and received by the Economic Development Agency of the City of San Bernardino, 201 North E
Street, Suite 301, San Bernardino, California 92401, (909) 663-1044, no later than 12:00 Noon on
Friday, January 10, 2003. Any applications received after tbat time will be put on file for consideration
for future Project Area Committee vacancies.
P:\Devdopment DepIVohn\.\ly DocLlmel1tslCC!llIPAC PrwtdURI October 2002.doc
20f2
** FOR OFf'ICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): \ ()..'ZI -(1"2
1 ') ,
Vote: Ayes _.'~ ~-<o Nays
Change to motion to amend original documents:
Item #
r'2 .
~-J~A
--, -
Resolution # ?CO ?~- .:Y\-.S
,8
Abstain
'1
Absent
2-
Reso. # On Attachments:
Contract term: -
Null/Void Arter: _.
Note on Resolution of Attachment stored separately:
Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY By:
Date Sent to Mayor: ) ~...,. Z_~__Sr\-)
Date of Mayor's Signature: __I_V '-L~)-CI.)
Date of Clerk/CDC Signature: I CJ' d1\ "CJ d-
Reso. Log Updated:
Seal Impressed:
~-
V
Date Mel~tl~~ Sent for Signature:
60 Day Reminder Letter Sent on 30th day:
90 Day Reminder Letter Sent on 45th day:
See Attached:
See Attached:
-~
Date Returned:
Request for Council Action & Staff Report Attached:
Yes /
No
By _
Updated Prior Resolutions (Other Than Below): Yes
Updated CITY Personnel Folders (6413, 6429, 6433,10584,10585,12634): Yes
Updated CDC Personnel Folders (5557): Yes
Updated Traffic Folders (3985, 8234, 655, 92-389): Yes
NoL. By
No..L By
No ..11. By
No L By_
Copies Distrihuted to:
City Attorney. ~
Parks & Rec.
Code Compliance ______~ Dev. Services
Police Public Services
EDA
./
Finance
MIS
Water
Others:
Notes:
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:(Y1I
Date /0 bS:/ (5)
I /
Revised 0 I /12/0 I
** FOR OFFICE IJSE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted) ~.-L.\ -{)2. Item # IZ.{?,4. (~
Vote: Ayes ~+ ?,..(. Nays. kf Abstain
Change to motion to amend original documents:
Resa, # On Attachments:
Contract term:
Note on Resolution of Attachment stored separately: ~:...
Direct City Clerk to (circle I): PUBLISH, POST. RECORD W/COUNTY
Date Sent to Mayor: ~(>~.2-_7)- c2 ~
Date of Mayor's Signature: ili.- Z-2r () ~..l ___
Date ofClerk/CDC Signature: _I (, ",J,,\ '-<::.,;)-
Date ~~lllo/Letter Sent for Signature:__~_
See Attached:
See Attached:
----
See Attached:
60 Day Rcminder Letter Sent on 30th day:
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 .../ Code Compliance
Dev. Services
Parks & Rec.
Police
Public Services
Water
Notes:
Resolution# ?LCZ- 3L)b__
t1 Absent 2-
NullNoid After: -
By:
Reso, Log Updated: _).-/ ___.._..
Se.llmpressed:
v""
Date Returned: -
Yes ./ No By
Yes NO..JL... By _
Yes No ,/ By
Yes No _/ By
~
Yes No ./ By
EDA ,/
Finance
MIS
Others:
BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARL Y RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc.)
Ready to File: rll--i
[Jate:_l~O:;
Revised 0 I !I 2/0 I
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): ~CY'2,I-O?-
Vote: Ayes ~i_L~~ Nays
Item # ~b_L- Resolution #
.0 Abstain ----'-r.L._
Z Cf:J 2.- 'Yl 7
Absent )..
Change to motion to amend original documents:
.-
Reso. il On Attachments: ~ Contract term: -
Notc on Resolution of Attachment stored separately: __
Direct City Clerk to (circle 1): PUBLISH, POST, RECORD W/COUNTY
NulllVoid After: -
By: .
Date Sentto Mayor: 10' 2.. ";- C. 2..
Date of Mayor's Signature: __ (()- '2'"3-(. ~)
Date ofClerk/CDC Signature: ..le J.L.Ln..J
Reso. Log Updated: ..--
Seal Impressed: /
Date Memo/Letter Sent for Signature:
'-------.
60 Day Reminder Letter Sent au 30th day:
90 Day Reminder Letter Sent on 45th day: _.
See Attached:
Date Returned:
'See Attached:
See Attached:
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):
Yes V No By
Yes No ..L... By _
Yes No - v_ By
Yes No ./ By
Yes No -----y By
Copies Distributed to:
City Attorney ~~ Code Compliance ___ Dev. Services _ EDA /
Finance
MIS
Parks & Rec.
Police
Public Services
\Vater
Others:
Notes:
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: 1l1:C.
Date: _. /(:\{')S/O'?-
. I I
Revised 01/12/01