HomeMy WebLinkAboutR30-Economic Development Agency
ECONOMIC DEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO
t
SUBJECT: PUBLIC HEARING CALLING
FOR THE FORMATION OF A
PROJECT AREA COMMITTEE
FOR THE UPTOWN
REDEVELOPMENT PROJECT
AREA
FROM: Gary Van Osdel
Executive Director
DATE: July I, 2002
Svnopsis of Previous Commission/Council/Committee Action(s):
On January 13,2000, the Redevelopment Committee recommended the request to reinstate eminent domain powers in
the Central City Nilt1h, Central City South, Central City East, Uptown and Meadowbrook Project Areas be forwarded to
the Community Development Commission for approval.
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.
OPEN PUBLIC HEARING
CLOSE PUBLIC HEARING
Recommended Motion(s):
(Mavor and Common Council)
MOTION:
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 FOR THE PROPOSED AMENDMENT OF THE
REDEVELOPMENT PLAN FOR THE UPTOWN REDEVELOPMENT PROJECT AREA AND
CALLING FOR THE FORMATION OF A PROJECT AREA COMMITTEE
Contact Person(s):
Gary Van OsdellMike Trout
Uptown
Phone:
663-1044
Project Area(s)
Ward(s):
1, 2, 3, 6 and 7
Supporting Data Attached: 0 Staff Report 0 Resolution(s) 0 Agreement(s)/Contract(s) 0 Map(s) 0 LetterlMemo
$
Source:
Budget Authority:
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SIGNATURE:
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City Clerk/CDC Secy
. City of San Bernerdino
COMMISSION MEETING AGENDA
Meeting Date: 07/0112002
Agenda Item Number: If. 3 0
~
ECONOMIC DEVELOPMENT AGENCY
STAFF REPORT
Formation of a Proiect Area Committee (PAC)
for the Untown Redevelonment Proiect Area
BACKGROUND:
In July of 2000, the Community Development Commission directed Staff to initiate amendments to
several redevelopment project areas in which powers of eminent domain had lapsed or were about to
lapse. The purpose of the amendments would be to reinstate the power of eminent domain over those
properties that are non-residential land uses under the General Plan or are currently being used for non-
residential purposes. These proposed amendments would not affect residential property. Central City
South and Mt. Vernon were the first eminent domain amendments to be processed and were adopted at
the September 4th and September 17th, 2001 joint CDC/MCC meetings, respectively. Central City East
and Meadowbrook/Central City were the second eminent domain amendments to be processed and were
adopted at the October 15th and November 5th, 2001 joint CDC/MCC meetings, respectively.
CURRENT ISSUE:
The redevelopment project area of the Uptown Redevelopment Project covers
approximately 433 acres of land and consists of two (2) subarea: Subarea A includes
approximately 343 acres and Subarea B includes approximately 85 acres.
Within Subarea A, the staff recommends that the eminent domain power of the Agency be
reinstated in the same fashion as was the case for Central City South, Mt. Vernon, Central City
East and Meadowbrook/Central City-namely that condemnation power be reinstated in Subarea
A of the Uptown Redevelopment Project only as to non-residential land use properties and
properties which are not being used or occupied for residential purposes.
In the 85 acres of Subarea B, there is no residential land use zoned or general plan designated
property. However, there appears to be a few residential dwelling units on properties in Subarea B
which are designated for commercial or industrial development. Preliminary study of
redevelopment alternatives for the Santa Fe Depot area indicate that it may be desirable to acquire
certain existing residential uses in a portion of Subarea B as part of the overall redevelopment of
this subarea. Therefore, within a portion of Subarea B of the Uptown Redevelopment Project, Staff
believes it is appropriate to consider a reinstatement of the condemnation power which could
include the acquisition of residentially occupied commercial or industrial zoned property. This
portion of Subarea B is bounded on the east by 1-215, on the west by Mt. Vernon Avenue, on the
south by including generally those parcels which abut the south side of Second Street or the alley to
the south of Second Street or an extension of the alley, as applicable and on the north by Third
Street. (see attached map of Subarea B).
Nevertheless, at this time Staff does not believe that any potential redevelopment project including
the Santa Fe Depot area will result in the displacement of a substantial number of low or moderate
income households.
p,'l;IrriaI............DqoISoqohooO<'''''.......\ClX;::lOO1I7.I-ll2U....-PAC.do<
COMMISSION MEETING AGENDA
Meeting Date: 07/01/2002
Agenda Item Number:
t
Uptown PAC
June 14, 2002
Page 2
It is proposed that a Project Area Committee (PAC) be established within this portion of Subarea
B. The property owner, business and resident membership of such a PAC would be recruited
primarily from Subarea B as the redevelopment plan amendment reinstating the condemnation
power on residentially occupied property only affects a portion of Subarea B.
Prior to forming a PAC, Section 33385 of the Law also requires that the City Council adopt procedures to
guide its formation. The Procedure for the Formation of a Project Area Committee (the "PAC
Procedure") which is embodied in the attached resolution is provided for consideration. The Law requires
that residential owner-occupants, residential tenants, business owners, and representatives of existing
community organizations/religious institutions within a redevelopment project area be represented.
It is recommended that the PAC be composed of 9 members in the following categories:
Residential Owner-Occupant!
Residential Tenant'
Business Owner (includes property owner)
Community Organization
Total
2
2
4
1
9
The primary role of the PAC is to provide input to the Community Development Commission on policy
matters that deal with the planning and provision of residential facilities and replacement housing for
Community Development Commission Staff Report those that may be displaced by implementation
activities. The PAC also provides input on other policy matters that affect residents within the Project
Area. During the plan adoption process, the PAC will review the Redevelopment Plan and other
documents and may choose to submit a report containing their recommendations to the Commission prior
to the joint public hearing on the proposed Plan, or may vote to recommend the approval of the
Redevelopment Plan.
The PAC Procedure calls for the selection of PAC representatives through an election process. Pursuant
to Section 33385 (d) of the Law, the election of a representative project area committee shall be held in
each project area within 100 days after the project area is selected. Also pursuant to the Law a notice
will be published in the newspaper and a mailed notice will be sent to all property owners, residents,
businesses and community organizations within the Project Area. These notices will publicize the
opportunity to serve on the PAC, and the meeting dates for the formation of the PAC. The election
process will involve an informational meeting to acquaint the public with the PAC's responsibilities and
election process and to have the interested parties complete an application form indicating their
willingness to serve on the PAC. A separate election meeting will then be held within two weeks. At a
subsequent meeting, the City Council is requested to affirm the elected PAC representatives. It is
proposed that staff and consultants be designated as the PAC's staff.
! Preferences will be given to residential owners and tenants in Subarea B. Subarea A residential owners and
tenants will not be summarily rejected, but Subarea A residentially zoned properties will not be subject to
reiustatemeut of condemnation.
----------------------------_._---.------.---------------------------------------------------------------------------------------------
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COMMISSION MEETING AGENDA
Meeting Date: 07/0112002
Agenda Item Number:
. I
ENVIRONMENTAL IMPACT:
.
,
,
None.
FISCAL IMPACT:
None.
RECOMMENDATION:
Staff recommends that the Mayor and Common Council adopt the attached resolution, which establishes
procedures for the formation and election of a Project Area Committee for the amended Uptown
RedZl Project Area.
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COMMISSION MEETING AGENDA
Meeting Date: 07/0112002
Agenda Item Number:
, -r)'
ECONOMIC DEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO
FROM:
Gary Van Osdel
Executive Director
SUBJECT:
PUBLIC HEARING CALLING
FOR THE FORMATION OF A
PROJECT AREA COMMITTEE
FOR THE UPTOWN
REDEVELOPMENT PROJECT
AREA
DATE:
June 14,2002
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-----------------.--------------------------------------------------------------------------_.---.-----------------------------------------
Synopsis of Previous Commission/CounciUCommittee Action(s):
On January 13,2000, the Redevelopment Committee recommended the request to reinstate eminent domain powers in
the Central City North, Central City South, Central City East, Uptown and Meadowbrook Project Areas be forwarded to
the Community Development Commission for approval.
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.
-('jp-ENPUBLIC-HEARING--------------------------------------------------------------------------------------------------
CLOSE PUBLIC HEARING
Recommended Motion(s):
(Mayor and Common Council)
MOTION:
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 FOR THE PROPOSED AMENDMENT OF THE
REDEVELOPMENT PLAN FOR THE UPTOWN REDEVELOPMENT PROJECT AREA AND
CALLING FOR THE FORMATION OF A PROJECT AREA COMMITTEE
Contact Person(s):
Project Area(s)
Gary Van Osdel/Mike Trout
Uptown
Phone:
663-1044
Ward(s):
1,2,3,6and7
Supporting Data Attached: Ii'l Staff Report Ii'l Resolution(s) 0 ,A.greement(s)/Contract(s) Ii'l Map(s) 0 Letter/Memo
FUNDING REQUIREMENTS Amount: $
Source:
SIGNATURE:
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Economic Development Agency
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COMMISSION MEETING AGENDA
Meeting Date: 07/01/2002
Agenda Item Number: ft3D
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ECONOMIC DEVELOPMENT AGENCY
STAFF REPORT
---------------------------------------------------------------------------------------------------------------------
Formation of a Proiect Area Committee (PAC)
for the UDtown RedeveloDment Proiect Area
BACKGROUND:
In July of 2000, the Community Development Commission directed Staff to initiate amendments
to several redevelopment project areas in which powers of eminent domain had lapsed or were
about to lapse. The purpose of the amendments would be to reinstate the power of eminent
domain over those properties that are non-residential land uses under the General Plan or are
currently being used for non-residential purposes. These proposed amendments would not affect
residential used property with a General Plan Residential Land Use designation. Central City
South and Mt. Vemon were the first eminent domain amendments to be processed and were
adopted at the September 4th and September 17th, 2001 joint CDC/MCC meetings, respectively.
Central City East and Meadowbrook/Central City were the second eminent domain amendments
to be processed and were adopted at the October 15th and November 5th, 2001 joint CDCIMCC
meetings, respectively.
CURRENT ISSUE:
Section 33385 of the California Community Redevelopment Law (the "Law") requires the
formation of a Project Area Committee ("PAC") for redevelopment plans if: (a) a substantial
number of low-income persons or moderate-income persons, or both, reside within the project
area, and the redevelopment plan as adopted will contain eminent domain powers, and (b) the
redevelopment plan contains one or more public projects that will displace a substantial number
of low-income persons or moderate-income persons, or both. The Uptown Redevelopment
Project Area contains a number of residences that are in General Plan Commercial and Industrial
Land Use categories. These residents would be subject to displacement through eminent domain
if their properties do not conform to the Redevelopment Plan.
Prior to forming a PAC, Section 33385 of the Law also requires that the City Council adopt
procedures to guide its formation. The Procedure for the Formation of a Project Area Committee
(the "PAC Procedure") which is embodied in the attached resolution is provided for
consideration. The Law requires that residential owner-occupants, residential tenants, business
owners, and representatives of existing community organizations/religious institutions within a
redevelopment project area be represented.
----------------------------------------------------------------------------------------------------------------------------
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COMMISSION MEETING AGENDA
Meeting Date: 07l01/Z002
Agenda Item Number: ..A:3..!J..
.'
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Community Development Commission Staff Report
Uptown PAC
June 14, 2002
Page 2
It is recommended that the PAC be composed of 9 members in the following categories:
Residential Owner-Occupant 2
Residential Tenant 2
Business Owner (includes property owner) 4
Community Organization 1
Total 9
The primary role of the PAC is to provide input to the Community Development Commission on
policy matters that deal with the planning and provision of residential facilities and replacement
housing for those that may be displaced by implementation activities. The PAC also provides
input on other policy matters that affect residents within the Project Area During the plan
adoption process, the PAC will review the Redevelopment Plan and other documents and may
choose to submit a report containing their recommendations to the Commission prior to the joint
public hearing on the proposed Plan, or may vote to recommend the approval of the
Redevelopment Plan.
The PAC Procedure calls for the selection of PAC representatives through an election process.
Pursuant to Section 33385 (d) of the Law, the election of a representative project area committee
shall be held in each project area within 100 days after the project area is selected. Also
pursuant to the Law a notice will be published in the newspaper and a mailed notice will be sent
to all property owners, residents, businesses and community organizations within the Project
Area. These notices will publicize the opportunity to serve on the PAC, and the meeting dates
for the formation of the PAC. The election process will involve an informational meeting to
acquaint the public with the PAC's responsibilities and election process and to have the
interested parties complete an application form indicating their willingness to serve on the PAC.
A separate election meeting will then be held within two weeks. At a subsequent meeting, the
City Council is requested to affirm the elected PAC representatives. It is proposed that staff and
consultants be designated as the PAC's staff.
ENVIRONMENTAL IMPACT:
None.
FISCAL IMPACT:
None.
----------------------------------------------------------------------------------------------------------------
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COMMISSION MEETING AGENDA
Meeting Date: 07/01/2002
Agenda Item Number: ~
"
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Community Development Commission Staff Report
Uptown PAC
June 14, 2002
Page 3
RECOMMENDATION:
Staff recommends that the Mayor and Common Council adopt the attached resolution, which
establishes procedures for the formation and election of a Project Area Committee for the
amended U wn Redevelopment Project Area.
-----------------------------------------------------------------------------------------------------------------------------
P:-a.ioooI_~'CIlC:lOII2I'-I.02\.1plowoPAC......
COMMISSION MEETING AGENDA
Meeting Date: 0710112002
Agenda Item Number: l.3O.-
I I
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UPTOWN
SUBAREA "B"
.............
NORTH
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m Subarea "A" to include condemnation for all properties except
residential use and residential zoning
rn Portion of Subarea "B" intended for condemnation of all properties
regardless of use or zoning
[!] Portion of Subarea "B" subject to the provisions as with Subarea "A"
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RESOLUTION NO.~ Qi u' U
"
A 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
FOR THE PROPOSED ADOPTION OF THE AMENDMENT OF THE
REDEVELOPMENT PLAN FOR THE UPTOWN REDEVELOPMENT
PROJECT AREA AND CALLING FOR THE FORMATION OF A
PROJECT AREA COMMITTEE
WHEREAS, the City of San Bernardino Community Development Commission
("Commission") proposes to adopt an Amendment to the Redevelopment Plan
("Amendment") for the Uptown Redevelopment Project Area ("Project Area"); and
WHEREAS, the Commission and the City Council of the City of San Bernardino
("City") have undertaken procedures for the amendment of the Plan; and
WHEREAS, the Amendment proposes to reinstate the powers of eminent domain in
the Project Area, more particularly, over all non-residential City General Plan Land Uses; and
WHEREAS, Section 33385 (a) of the California Community Redevelopment Law
("CRL") requires that a Project Area Committee ("PAC") be forn1ed when the proposed
Project Area is believed to contain a substantial number of low-income persons or moderate-
income persons, or both; and
WHEREAS, Section 33385 of the CRL also requires the City Council to adopt
a procedure, by resolution, for the formation of a PAC and to adopt procedures regarding the
project-wide election of PAC members.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
Section 1.
The document entitled "Procedure for the Formation and
Election of the Project Area Committee for the Amendment of the Uptown Redevelopment
Project Area," a copy of which is attached hereto as Exhibit "A," is hereby adopted as the
-1-
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procedure to be followed for the formation and election of the PAC for the proposed
C 2 Amendment to the Uptown Redevelopment Project.
3 Section 2. The City Council calls upon the property owners, residents,
4 businesses and existing community organizations within the Uptown Project Area to form a
5 Project Area Committee, as more fully described in the PAC Procedure.
6 1111
7 1111
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C 14 1111
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C
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1
A 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
FOR THE PROPOSED ADOPTION OF THE AMENDMENT OF THE
REDEVELOPMENT PLAN FOR THE UPTOWN REDEVELOPMENT
PROJECT AREA AND CALLING FOR THE FORMATION OF A
PROJECT AREA COMMITTEE
C2
3
4
5
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
, 2002, by the following vote to wit:
Abstain
Absent
City Clerk
day of
,2002.
Judith Valles, Mayor
City of San Bernardino
I I _____
2002-224
PROCEDURES FOR
FORMATION AND ELECTION
OF THE PROJECT AREA COMMITTEE
FOR THE
SAN BERNARDINO COMMUNITY DEVELOPMENT COMMISSION
AMENDMENT OF THE REDEVELOPMENT PLAN
FOR THE
UPTOWN REDEVELOPMENT PROJECT AREA
JUNE 2002
Preparation By:
~
Rosenow Spevacek Group, Inc.
217 North Main Street, Suite 300
Santa Ana, Califomia 92701-4822
Phone: (714) 541-4585
Fax: (714) 836-1748
E-Mail: info@webrsg.com
I I
I.
[100]
A.
B.
e.
II.
[200]
A.
B.
III. [300]
A.
B.
C.
D.
E.
IV. [400]
A.
B.
C.
2002-224
TABLE OF CONTENTS
Page
GENERAL............................................................................................................1
[101] Purpose.... ...... ........ .... ... ...... .... ............. .... ...... ........ ........ ... ......... ....... ... ....... I
[102] Authority... ........ ..... .., .... .... ... .... ... ... .... ....... ... ... ........ ........ ..... .... ....... .... ....... I
[103] Definitions...... .... ... ... ........... ...... ... .... ....... ... ... ........ .... ....... ....... .... ....... .... .... I
PUBLIC MEETINGS..........................................................................................2
[20 I] Meetings.. .... .... .......... .... ....... ... ... .... ...... .... .... .... .... ... .... ........ ..... ..... ..... .... ....2
[202] Presentation ofP AC to City Council.........................................................2
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 ...............................................................................3
[305] Foreign Languages ....... ..... ..... ...... ...... .... .... ........ ...... ..... ........... .......... ........ 4
COMPOSITION OF PAC MEMBERSHIP...................................................... 4
[401] Categories.. ........ ...... .... ............ .......... .... .... ......... ..... ......... ....... ..................4
[402] Existing Community Organization ............................................................ 4
[403] Vacancies in Membership Categories -- Adjustment of Composition of
PAC; Succession...... .... ...... .... ...... ....... ...... .... ... .... ... .... ....... ..... ... .... ..... ... ...... ..... .....4
V. [500] ELECTION PROCEDURE ................................................................................ 5
A. [SOl] PAC Applications ......................................................................................5
VI.
[600]
A.
B.
C.
D.
E.
F.
VII.
[700]
A.
B.
EXHIBITS
A.
B.
ELIGIBILITY REQUIREMENTS FOR PAC MEMBERSHIP..................... 5
[60 I ] Voter Registration.... .... ... .... ... ..... ....... .... ....... ....... ...... ....... ..... ... ..... ....... ..... 5
[602] Candidate Speeches... ...... .... ......... .... ... ....... ........... ........ .... ........ ........ ........ 6
[603] Voting Categories ......................................................................................6
[604] Balloting..................................................................................................... 7
[605] Results/Runoffs....... ........... ...... ... ...... .... .... ........ ... ..... ............ ........... .... ......7
[606] ChallengesN alidity...... ....... ................ ....... ..... ...... ........ .... ........ ........ .........7
SPECIAL PROVISIONS ....................................................................................7
[701] Compensation of PAC Members ...............................................................7
[702] Amendment of Procedure .......................................................................... 7
Project Area Map
PAC Application
2002-224
PROCEDURE FOR FORMATION AND ELECTION OF
THE PROJECT AREA COMMITTEE FOR ADOPTION OF
THE AMENDMENT TO THE UPTOWN 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 ("PAC") for the San Bernardino Community Development Commission's adoption of the
Amendment to the Uptown Redevelopment Project Area ("Project" or "Project Area"). The proposed
project area amendment will allow for 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." Section
33385 of the Community Redevelopment Law (California Health and Safety Code 33000 et seo., herein
referred to as the "Redevelopment Law") provides for the City Council of the City of San Bernardino to
establish a procedure for formation of the PAC and a community-wide procedure for election of PAC
members. 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 July 1, 2002 by Resolution No. 2002-_
of the City Council of the City of San Bernardino.
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.
2. "City" means the City of San Bernardino, California, a municipal corporation.
3. "City Council" means the City Council of the City of San Bernardino,
exercising powers as the legislative body under the Redevelopment Law.
4. "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. "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.
Rosenow Spevacek Group, Inc.
June 14, 2002
1
San Bernardino Community Development Commission
Project Area Committee Procedures
2002-224
6. "Person" means, but is not limited to, an individual, household, family,
proprietorship, partnership, business trust, joint venture, syndicate, corporation, or association.
7.
hereto as Exhibit A.
"PAC Area" means the PAC Area shown on the PAC Area Map attached
8. "Project Area Committee" or "PAC" means the committee formed and selected
in accordance with Section 33385, et seo., of the Redevelopment Law and the procedure set forth herein.
9. "Resident" means a Residential Owner-Occupant or Residential Tenant.
10. "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.
II. "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 50 I herein.
II. (200) PUBLIC MEETINGS
A. [201] Meetings
The Commission 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
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 Commission 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 informational meeting will be held on July 25, 2002, and
the election meeting will be held on August 15, 2002, or on such dates as selected by the Economic
Development Agency Director, in accordance with the process more particularly set forth in Section 500,
et seo.. herein.
B. [202] Presentation of PAC to City Council
The Commission shall present the results of the PAC Election to the City Council at a
regular meeting of the City Council following the PAC Election, which date shall be announced at the
PAC Election meeting. The City Council shall adopt a finding that all the relevant portions of this
Procedure regarding the election were followed and shall determine the validity of any properly filed
challenges to the PAC Election within the time required by law and as set forth in Section 606 of this
Procedure.
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 City Council, or on behalf of the City Councilor Commission, relative to the
San Bernardino Community Development Commission
2 Project Area Comminee Procedures
Rosenow Spevacek Group, Inc.
June 14, 2002
I I
2002-224
formation and selection of the PAC, and the opportunity to serve on the PAC in the same manner as
specified in Subdivision (a) of Section 65090 of the Government Code.
A. [301] Publication of Opportunity 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:
(1) the date, time, and place of each meeting, hearing, or plebiscite, (2) the identity of the body
conducting such meeting, hearing, or plebiscite, (3) a general explanation of the matters to be
considered, (4) a general description of the Project Area/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 City Council relative to the formation and selection of the PAC
(following the approval of this Procedure). This mailed notice requirement shall only apply if mailing
addresses of all Residents, Businesses, 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, purchase radio or newspaper display advertisements or undertake such
other actions as it deems necessary or desirable to further inform Residents, Businesses, and Existing
Community Organizations of the formation of the PAC.
E. [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.
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IV. [400] COMPOSITION OF PAC MEMBERSHIP
A. (401) Categories
Subject to the remaining provisions of this Section 401, the PAC is to be composed of
nine (9) members, which shall include the number of representatives listed in each of the following
categories:
Category
Number of Representatives
Residential Owner-Occupant I
Residential Tenant I
Business Owner (includes property owner)'
Existing Community Organization
2
2
6
1
TOTAL
11
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 five (5)
members on the PAC.
B. (402) Existing Community 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 his/her representative capacity.
C. [403] Vacancies in Membership Categories - Adjustment of Composition of
PAC; Succession
If, at the time of formation of the PAC, an insufficient number of candidates are elected
to represent each category of membership on the PAC, such seats may remain vacant until qualified and
eligible candidates are selected in the manner provided by this Procedure. The existence of any
vacancies shall not prevent formation of the PAC or the conduct of business by the PAC, as long as there
are at least five (5) members on the PAC.
I Preferences will be given to residential owners and tenants in Subarea B. Subarea A residential owners
and tenants will not be summarily rejected, but Subarea A residentially zoned and residentially used
properties will not be subject to reinstatement of condemnation.
2 Four of the business owners will come from Subarea A. Two of the business owners will come from
Subarea B.
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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 serves the area by the City 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) 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. [501] PAC Applications
A candidate for PAC membership must submit a completed PAC Application to the
Commission office, which application must be received by the Commission ten days prior to the PAC
Election or by 5:00 PM, August 6, 2002. A copy of the "PAC 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
Commission office prior to such meeting. The Economic Development Agency of the City of San
Bernardino is located at 201 North "E" Street, Suite 301, San Bernardino, CA 92401.
VI. [600) 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. Residential Owner-Occupant: Recorded grant deed or property tax bill.
2. Residential Tenant: Executed rental agreement or rent receipt.
3. Business Owner: Business license issued by State of California or City, City
Business Tax Certificate, or proof of ownership of real property which is not used for primary residency
in the Proj ect 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 Commission staff that he or she is (I) at least eighteen (18) years
San Bernardino Community Development Commission
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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:
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:
I. Rental Agreement
2. Rent Receipt
3. Grant Deed to Real PropertY
4. PropertY Tax Bill
5. Business License Issued by the State of California or City
6. City Business Tax Certificate
7. Utility Bill
8. Voter Registration
9. Resolution of or Letter from Business
10. Resolution of Existing Community Organization
II. 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 Commission's Office four (4) days prior to the
election, or starting on Monday at 8:00 AM, August 12, 2002.
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
San Bernardino Community Development Commission
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2002-224
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.
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 Commission shall
appoint authorized election assistants to collect and tally the ballots. The Commission shall ensure
secrecy of the ballot by requiring each ballot to be folded and passed to an authorized election assistant.
Absentee ballots shall be deposited at the Economic Development Agency's office by 5:00 PM the
day of the election, August 15, 2002. The election assistants shall tally the ballots at the PAC Election
meeting. A representative from the City Clerk's office shall be present when the ballots are tallied to
provide official verification of the results of the PAC Election.
E. [605] ResultslRunoffs
The Commission staff shall announce the results of the PAC Election at the PAC
Election meeting when the ballots are tallied. If a runoff is necessary, it shall be announced
immediately. At the PAC Election meeting, Commission staff shall announce that the Commission for
presentation to the City Council shall maintain the results and ballots.
F. [6061 ChallengesNalidity
Any challenge to the PAC Election or to the electoral procedures followed in connection
with the PAC Election shall be filed with the City Council within fifteen (15) calendar days following
the PAC Election. The City Council shall review disputed elections by considering all challenges so
filed and will determine the validity of those challenges within thirty (30) days following the PAC
Election.
VII. (700) SPECIAL PROVISIONS
A. [701] Compensation of PAC Members
The members of the PAC shall serve without compensation.
B. [702] Amendment of Procedure
The procedure established herein may be amended from time to time by resolution of the
City Council.
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EXHIBIT A
PROJECT AREA MAP
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102-224
1'lillI ,Idolllcd ,hllll: IIi. I!JS6
Snham "II" -1'
NORTH
SUh-ill'I!iI,l: :lIS
Suh-ill'cilR, S~
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Uptown
..
2002-224
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)
To the City 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 at the
election meeting to be held on August 15, 2002.
I would like to be elected for the following category:
[CHOOSE ONE ONLY]
U Residential Owner-Occupant
[~ Resideotial Tenant
U Business Owner (includes property owner)
U Existing Community Organization
I CERTIFY THAT WITHIN THE UPTOWN PAC AREA BOUNDARIES:
[CHOOSE ONE ONLY]
I. 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:
4. I am a member of an Existing Community Organization for either a service club U, a church group
U, a neighborhood organization U, or other nonprofit community organization U, which
10f2
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2002-224
conducts its regularly scheduled meetings within and uses an address located within the 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 them. The name, address, and description of this
community organization is:
The reasons I would like to serve on the Project Area Committee are as follows (include prior experience
in community affairs and/or other qualifications to serve on the Project Area Committee, and attach
additional sheet, if necessary):
I acknowledge that if elected as a PAC member, I will be required to complete a Statement of Economic
Interest, which discloses certain personal financial information concerning any financial interests I (and
my family and spouse, if applicable) have in the Project Area. I possess all the necessary qualifications to
serve as a representative on the Project Area Committee and will participate in the regular PAC meetings.
I certify under penalty of perjury under the laws of the State of California that the foregoing is true and
correct:
Date and Place
Signature
Residence Address
Qualifying Address (Address of Residence/BusinesslExisting Community Organization, whichever is
applicable)
Mailing Address
Daytime Telephone Number
Evening Telephone Number
To be eligible for Project Area Committee membership, this completed application must be returned to
and received by the Economic Development Agency of the City of San Bernardino, 201 North E
Street, Suite 301, San Bernardino, California 92401, no later than 11:00 AM on Friday, August 9,
2002. Any applications received after that time will be put on file for consideration for future Project
Area Committee vacancies.
20f2
.' .,
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): ')- \-0;;' Item # ~O Resolution #
Vote: Ayes 1-<0 Nays.e- Abstain 'I
Change to motion to amend original documents: ,/'
.;1(:0.;)- dd'4
Absent .e-
Reso. # On Attachments: ~ Contract tenn:
Note on Resolution of Attachment stored separately: -
Direct City Clerk to (circle 1): PUBLISH, POST, RECORD W/COUNTY
NullNoid After:
By:
Date Sent to Mayor: ')- 3-0;r-
Date of Mayor's Signature: '1- '3 -c):,)
Date of Clerk/CDC Signature: '1-3-0 ;)-
Reso. Log Updated: /
Seal Impressed: /
60 Day Reminder Letter Sent on 30th day:
90 Day Reminder Letter Sent on 45th day:
See Attached:
ee Attached:
See Attached:
Date Returned:
Dat
Letter Sent for Signature:
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):
YesL No By
Yes No ---tL- By
Yes No V By
Yes NO+- By
Yes No
Copies Distributed to:
City Attorney r'"
Parks & Rec.
Code Compliance Dev. Services EDA'/ Finance
Police Public Services Water Others:
MIS
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: jYYl
Date: 1J.-lS'-D;)-
Revised 01/12/01