Loading...
HomeMy WebLinkAboutMINUTES - 11122002 - C61 TO: BOARD OF SUPERVISORS FROM: Dennis M. Barry, AICP, Director of Community Development DATE: November 12, 2002 SUBJECT: Resolution Calling For The Formation Of A Project Area Committee For The Proposed Downtown EI Sobrante Redevelopment And Adopting The Procedures Therefore. SPECIFIC REQUEST(S) OR RECOMMENDATIONS(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS ADOPT resolution calling for the formation of a project area committee for the proposed Downtown El Sobrante Redevelopment Project Area and adopting procedures therefore. CONTINUED ON ATTACHMENT: -.K—YES SIGNATURE: �� tECOMMENDATION OF COUNTY ADMINISTRATOR COMM DATION OF BOA D COMMITTEE APPROVE _OTHER SIGNATURE(S): ACTION OF BOA N November 12, 2002 APPROV RECOM ENDED X VOTE OF SUP SORS I HEREBY CERTIFY THAT THIS IS A UNANIMOUS(ABSENT None ) TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS ON THE Contact: Jim Kennedy DATE SHOWN. 5-1255 orifi: Redevelopment cc: County Administrator ATTESTED—N gmber 12, 2 2 County Counsel Community Development JOHN SWEETEN, CLERK OF Advanced Planning THE BOARD OF SUPERVISORS Transportation Planning AND COUNTY ADMINISTRATOR Via Redevelopment: RSG, Inc. Goldfarb& Lipman BY ,DEPUTY C:\E)OCUME-1\jkennedy\LOCALS-1\Temp\H.Lotue.Notes.Data\SRH9-PAC.Boe IV 96 €4QRpjJNJ21HEAkQNS MR RECOMMENDATIONS, On August 8, 2002, the Board of Supervisors by Resolution No. 2442/471 adopted the designated Redevelopment Survey Area and directed the Planning Commission to select boundaries from,the Survey Area to formulate and adopt a Preliminary Plan for the Downtown E1 Sobrante Redevelopment Project. On September 24, 2002, the Board of Supervisors adopted Resolution No. 20021582 which designated an Amended Redevelopment Survey Area. The Planning Commission adopted on October 22,2002, selected the boundaries of the Downtown El Sobrants Redevelopment Project Area and formulated and adopted a Preliminary Plan for the Project Area. On November 5,2002,the Redevelopment Agency approved and accepted the Preliminary Plan for the Downtown El Sobrante Redevelopment Project and authorized Agency and County staff to proceed with all the necessary steps in order to effectuate the preparation of a Redevelopment Plan for the Project Area. Section 33386 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 plans 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-inoome persons,or both. These conditions apply In the Project Area,so a PAC Is required. Prior to forming a PAC,Section 33385 of the Law also requires that the Board of Supervisors adopt procedures to guide its formation.The Procedure for the Formation of a Project Area Committee(the"PAC Procedure")Is attached for the Board of Supervisors consideration. The Law requires that the residential owner-occupants,residential tenants,business owners, and representatives of existing community organizationsfreligious institutions within a redevelopment project be represented. It Is recommended that the PAC be composed of 9 members In the following categories: Residential Owner Occupants 2 Residential Tenants 2 Business Operators 2 Business Property Owners 2 Representatives of Existing 1 Community Organizatons TOTAL 9 The primary role of the PAC is to provide Input Into the Redevelopment Agency on policy matters that deal with the planning and provisions 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 recommendation to the Commission prior to the joint public hearing on the proposed Plan,or may vote to recommend the approval of the Redevelopment Pian. The PAC Procedure calls for the selection of the 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 date&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 Board of Supervisors will be requested to affirm the elected PAC representatives. It Is proposed that staff and consultants be designated as the PAC's staff. c NVoCUM-ixen"",DataAM-►ac.do oeft THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on November 12, 2002, by the following vote: AYES: Supervisors Uilkema, Gerber, DeSaulnier, Glover and Gioia NOES: gone ABSENT: None ABSTAIN: none Resolution No,:2002 715 SUBJECT: Resolution calling for the formation of a project area committee for the proposed Downtown El Sobrante Redevelopment Project Area and adopting procedures therefore. The Contra Costa County Board of Supervisors RESOLVES THAT: The Board of Supervisors of the County of Contra Costa(the "Board") by Resolution No. 20021471 adopted on August 6, 2002, designated a Redevelopment Survey Area and directed the Planning Commission to select boundaries from said Survey Area in order to formulate and adopt a Preliminary Plan for the Downtown El Sobrante Redevelopment Project; and The Board of Supervisors of the County of Contra Costa(the "Board")by Resolution No. 2002/581 adopted on September 24, 2002, designated an Amended Redevelopment Survey Area; and The Planning Commission of the County of Contra Costa(the "Planning Commission"), adopted on October 22, 2002, selected the boundaries of the Downtown El Sobrante Redevelopment Project Area and formulated and adopted a Preliminary Plan for the Downtown El Sobrante Redevelopment Project; and The Redevelopment Agency of the County of Contra Costa(the "Agency"), adopted on November 5, 2002, approved and accepted the Preliminary Plan for the Downtown El Sobrante Redevelopment Project and authorized Agency and County staff to proceed with all necessary steps in order to effectuate the preparation of a Redevelopment Plan for the Downtown El Sobrante Redevelopment Project; and Section 33385 of the Community Redevelopment Law (the "CRL") provides that when a community proposes to adopt a redevelopment plan for a project area within which a substantial number of low- and moderate-income persons reside and grant eminent domain authority to the redevelopment agency, the redevelopment agency shall establish a project area committee pursuant to Section 33385 of the CRL; and The Downtown El Sobrante Redevelopment Project area contains residential occupants, some of whom are believed to be of low and moderate income; and The Redevelopment Plan may contain the power of eminent domain. NOW,THEREFORE,BE IT RESOLVED that, the Board hereby finds and determines that the Downtown El Sobrante Redevelopment Project Area contains a substantial number of low-and moderate-income persons, and that the proposed Redevelopment Plan for the Downtown El Sobrante Redevelopment Project may contain a provision for eminent domain authority over the Project Area. BE IT FURTHER RESOLVED that, the Board hereby calls upon the residents, business owners,property owners and existing community organizations within the Project Area to form a 32011811811018.2 1 ` fy ,fir r I Project Area Committee, pursuant to Section 33385 of the CRL, for the Downtown El Sobrante Redevelopment Project. BE IT FURTHER RESOLVED that, the "Procedure for Formation of Project Area Committee and Procedures for Election of Members thereof for the Downtown El Sobrante Redevelopment Project," attached to this Resolution as Attachment "A" and incorporated herein by this reference(the "Procedure"), is hereby adopted. BE IT FURTHER RESOLVED that, the Executive Director(or designee) of the Agency is hereby authorized and directed to take all steps and actions necessary,and appropriate to implement the Procedure for formation of a Project Area Committee. I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 12, 2002 - JOHN SWEETEN, Clerk of the Board of Supervisors and County Administrator By Deputy 3?,t)\16\161106.2 2 Attachment "A" PROCEDURE FOR FORMATION OF PROJECT AREA COMMITTEE AND PROCEDURES FOR ELECTION OF MEMBERS THEREOF FOR THE DOWNTOWN EL SOBRANTE REDEVELOPMENT PROJECT Adopted by the BOARD OF SUPERVISORS OF CONTRA COSTA November 12, 2002 Resolution No. 2002/715 Public Hearing Conducted on November 12, 2002 320\16\161116.2 PROCEDURE FOR FORMATION OF PROJECT AREA COMMITTEE AND PROCEDURES FOR ELECTION OF MEMBERS THEREOF FOR THE DOWNTOWN EL SOBRANTE REDEVELOPMENT PROJECT ARTICLE 1 PURPOSE AND AUTHORITY Section 1.1 Purpose. The purpose of this document is to set forth a Procedure, as required by Section 33385 of the California Community Redevelopment(Health & Safety Code Sections 33000 et sem., the "CRL"), relating to the formation of a Project Area Committee ("PAC") and election of its membership in connection with the proposed adoption of the Redevelopment Plan for the Downtown El Sobrante Redevelopment Project. The Board of Supervisors has determined that a substantial number of low and moderate income families reside within the Project Area and has directed the Redevelopment Agency of the County of Contra Costa (the "Agency") to cause formation of a PAC. The Agency shall comply with this set of Procedures to cause formation and election of the membership of the PAC. Section 1.2 Short Title. This Procedure for Formation of Project Area Committee and Procedures for Election of Members thereof for the Downtown El Sobrante Redevelopment Project shall be known, and may be cited, as the "PAC Procedures." Section 1.3 Authority. These PAC Procedures have been adopted by Resolution No. 20021715 of the Board of Supervisors of the County of Contra Costa, pursuant to Health and Safety Code Section 33385. A duly noticed public hearing on the adoption of these PAC Procedures was held on November 12, 2002. ARTICLE 2 DEFINITIONS Whenever the following terms are used in these PAC Procedures, unless otherwise defined, such terms shall have the meaning ascribed to them in this Article 2. Section 2.1 Ate. "Agency" means the Redevelopment Agency of the County of Contra Costa, and any Agency staff, consultants, assignees, delegates and County departments who may be assigned the duties and responsibilities for implementing these PAC Procedures. Section 2.2 Business Operator. "Business Operator" means any person or legal entity that presents evidence of ownership and operation of a lawful enterprise within the Project Area conducted for the purpose of making a profit: (a) For the purchase, sale, lease, or rental of personal and real property; or (b) For the manufacture, processing, or marketing of products, commodities, or any other personal property; or 82011 611 61116.2 1 (c) For the sale of services to the public; or (d) For any other legally defined business purpose. Section 2.3 Business Property Owner. "Business Property Owner" means any person or legal entity which presents evidence of ownership of real property in the Project Area for investment purposes and not for primarily personal occupancy, including real property that is leased for residential, commercial or industrial rental purposes. Section 2.4 County. "County" means the County of Contra Costa, California. Section 2.5 Board of Supervisors. "Board of Supervisors" means the legislative body of the County of Contra Costa. Section 2.6 Existinje Community Organization. "Existing Community Organization" means any existing nonprofit corporation or association of persons and/or entities which has its headquarters or a site office within the Project Area, or has a substantial number of constituents who are persons and/or entities who reside or conduct business in the Project Area, formed for the purpose of serving the community, and is generally recognized by persons within the Project Area, as a community organization. Existing Community Organizations also include religious institutions located within the Project Area or a substantial portion of whose congregation resides within the Project Area. Section 2.7 Project Area. "Project Area" means the area within the boundaries described in the Preliminary Plan for the Downtown El Sobrante Redevelopment Project approved and adopted by the Contra Costa Planning Commission on October 22, 2002, as such boundaries may be revised from time to time. A map of the Project Area is attached to these PAC Procedures as Exhibit A. Section 2.8 Project Area Committee. 'Project Area Committee" or "PAC" means the committee formed and selected pursuant to Health and Safety Code Section 33385 and in accordance with these PAC Procedures. Section 2.9 Redevelopment Plan. "Redevelopment Plan" means any final redevelopment plan that may ultimately be adopted pursuant to the CRL by the Board of Supervisors, in it policy discretion, and any amendment thereto. Section 2.10 Redevelopment Project. "Redevelopment Project" means the redevelopment project that may be undertaken pursuant to the CRL upon adoption, in the Board of Supervisors"policy discretion, of a final Redevelopment Plan. Section 2.11 Resident. "Resident" means any person who owns, rents, leases or otherwise lawfully occupies as his or her principal residence a dwelling unit within the Project Area. 320\16\161116.2 2 Section 2.12 Residential Owner Occupant. "Residential Owner Occupant" means any Resident who presents satisfactory written evidence of ownership of all or substantial fee interest in the dwelling unit which he or she occupies within the Project Area. Section 2.13 Residential Tenant. "Residential Tenant" means any Resident who presents satisfactory evidence that he or she lawfully occupies a dwelling unit or is a party to a residential rental or lease agreement for a dwelling unit which he or she occupies within the Project Area. ARTICLE 3 PUBLICIZING THE OPPORTUNITY TO SERVE ON THE PROJECT AREA COMMITTEE Section 3.1 Written Notice by Mail. The Agency shall publicize the opportunity to serve on the PAC by providing written notice, in the manner described below, at least thirty (30) days prior to the formation of the PAC. The PAC shall be deemed to be formed for this purpose upon the election of the PAC as provided in Article 5. The Agency shall mail written notice of all meetings, hearings, or plebiscites to be conducted by or on behalf of the Agency or the Board of Supervisors pursuant to these PAC Procedures to Residents, Business Operators, Business Property Owners and Existing Community Organizations in the Project Area, provided that the Agency can obtain mailing addresses for the individual residents,businesses or occupants at a reasonable cost. Such mailed notice shall be mailed by first-class mail, but may be addressed to "Occupant". In lieu of providing separate notices for publicizing the opportunity to serve on the PAC and for each meeting, hearing, or plebiscite, the Agency may provide a single combined notice pursuant to this Section 3.1 stating all of the dates, times, and locations of any meetings, hearings and plebiscites. If the Agency has acted in good faith to comply with the notice requirements of this Section 3.1, the failure of the Agency to provide the required notice to Residents, Business Operators, Business Property Owners or Existing Community Organizations unknown to the Agency or whose addresses could not be obtained at a reasonable cost, shall not, in and of itself, invalidate the formation or actions of the PAC. Section 3.2 Publication. The Agency shall publish notice of the opportunity to serve on the PAC and all meetings, hearings or plebiscites to be conducted by or on behalf of the Agency or the Board of Supervisors in accordance with these PAC Procedures. The notice(s) shall be published at least one (1) time in a newspaper of general circulation within the County, and at least ten (10) days prior to the date established for each such meeting, hearing or plebiscite. Section 3.3 Public Meeting(s). The Agency shall conduct a minimum of one (1) public meeting to explain the establishment and functions of, and the opportunity to serve on, the PAC (the "Information Meeting"). 32011 611 61116.2 3 One basic purpose of the Information Meeting shall be to give the attendees sufficient information upon which to base a decision as to whether to become a candidate. This shall include information regarding the preparation of the proposed Redevelopment Plan for the Downtown El Sobrante Redevelopment Project(i.e., examples of activities that are planned to be continued or undertaken in the Project Area) and the role of the PAC in the redevelopment process. Information regarding the types of issues the PAC might be considering and the time commitments required by PAC members shall be available. Agency staff shall also inform the audience of the requirement for PAC members to file Conflict of Interest Statements, and copies of these forms shall be available upon request. The membership interest categories to be filled on the PAC and the qualifications for each category shall be reviewed with the attendees. An overview of the election process shall be given, including the nature of documentation required for candidacy and voting, any special timing or other rules, and the provisions of Section 6.1 of these PAC Procedures regarding filing a challenge to the election or electoral process. An agenda for the PAC Election Meeting (defined in Section 5.2 of these PAC Procedures) specifying the sequence of events shall be made available. Potential candidates shall be informed of their opportunity to make a speech on election night, as well as the approximate time limit for such speeches. Once all questions have been answered regarding the role of the PAC and the qualification of candidates, Candidate Information Forms (as described in Section 5.3 of these PAC Procedures) shall be made available to those attending the Information Meeting, Interested persons shall be permitted to take the Candidate Information Form with them to be completed and returned at or prior to the time set forth in Section 5.3, if they chose to become a candidate. Persons attending the Information Meeting shall also be provided with a Voter Qualification Form. Voters may pre-qualify by returning the Voter Qualification Form along with the required documentation to the Agency offices prior to the election. Those who have not pre-qualified may be qualified at the Election Meeting described under Section 5.2 of these PAC Procedures. Also at the Information Meeting, the Agency shall distribute copies of the following documents: (a) 'T'hese PAC Procedures; (b) A copy of Article 6.5 (Project Area Committee), Section 33347.5, and Section 33366 of the Community Redevelopment Law; (c) A copy of the Preliminary Plan for the Downtown El Sobrante Redevelopment Project; (d) Any other materials the Agency staff determines would be useful. 320\16\161116.2 4 The number of copies of the above referenced documents and materials to be made available at the Information Meeting shall be sufficient to meet the estimated number of attendees anticipated. Additional copies of the materials shall be available to the public at a place or places designated by the Agency. The Agency may limit the number of documents or materials to be distributed to any one person,family or legal entity to one (1) set in order to avoid excessive and unnecessary costs. Any person or entity may request additional copies of the documents, at a reasonable duplication cost. Section 3.4 Posting;and Distributing1otice. The Agency may post notice or distribute flyers regarding the opportunity to serve on the PAC at conspicuous locations throughout the Project Area. Such notices may be posted in the following locations: (a) Streetlights within the Project Area; (b) Business within the Project Area; (c) Libraries in the Project Area; and (d) Other public buildings in the Project Area. Section 3.5 Display Advertisement. The Agency may place notice of the opportunity to serve on the PAC in a display advertisement in a newspaper of general circulation within the Project Area. Section 3.6 Public Service Announcements. The Agency may make announcements to the general public at any of its regular meetings held prior to any of the public meetings, hearings or plebiscites required by these PAC Procedures, announcing the opportunity to serve on the PAC. Section 3.7 Foreign Languages. The Agency may determine to translate any of the notices or announcements referred to in these PAC Procedures into another language or languages and place advertisements in foreign language publications to effectively carry out the purpose of these PAC Procedures. Section 3.8 Other Mechanisms to Publicize ORI)ortunityto Serve on PAC. The Agency may include notice of the opportunity to serve on the PAC in any published and/or mailed notice which the Agency gives in accordance with the CRL and these PAC Procedures to notice any meeting,hearing, or plebiscite relative to the formation and selection of the PAC. ARTICLE 4 PAC MEMBERSHIP Section 4.1 Adequate Representation. The PAC shall only include, when applicable, elected representatives of Residential Owner Occupants,Residential Tenants, Business 320\16\151116.2 5 Operators, Business Property Owners and Existing Community Organizations within the Project Area. Section 4.2 Membership Interest Categories and Numbers of Members in Each. The PAC shall consist of nine (9) members in the following representative membership interest categories and numbers: Membershij2 Interest Cates Number of Members Residential Owner Occupants 2 Residential Tenants 2 Business Operators 2 Business Property Owners 2 Representatives of Existing I Community Organizations Total 9 Section 4.3 Vacancies in Membership Interest Categories. In the event there is an insufficient number of candidates elected to any membership interest category of the PAC, such seats may be filled by appointment by a majority vote of elected PAC members (until such time the PAC develops procedures for filling vacancies), and such appointed members shall serve until a subsequent regular election of the PAC is held. The existence of any vacancies shall not prevent the PAC from carrying out its duties as required by the CRL. ARTICLE 5 PAC ELECTION Section 5.1 Eligibility. (a) General Eligibility RRequirements Applicable to Candidates and Voters in all Membership Interest Categories. All candidates seeking PAC membership within any membership interest category and all voters must be present at the Election Meeting. Any Residential Owner Occupant, Residential Tenant, Business Operator, or Business Property Owner, who is eligible for PAC membership is also eligible to vote in a PAC election. (b) Eligibility Requirements for Residents and Businesses. In order to qualify to vote for or serve as members of the Residential Owner Occupant,Residential Tenant, Business Operator and Business Property Owner categories of the PAC a person must present proof that he or she is at least 18 years of age or older and is a Residential Owner Occupant, Residential Tenant, Business Operator or Business Property Owner within the Project Area. 320116\161116.2 6 Proof of eligibility shall consist of a California driver's license or California identification card and such other proof as required pursuant to the provisions set forth below. (c) Required Proofs for Property Owner Category. Persons seeking to prove their eligibility for the categories relating to the ownership of real property in the Project Area, such as Residential Owner Occupant or Business Property Owner, must, in addition to the proof required by subsection (b) above, also provide evidence of current ownership of property within the Project Area by such means as a copy of a property tax bill or similar documentation showing present property ownership. (d) Required Proofs for Residential Tenant and Business Operator Categories. Persons seeking to prove eligibility for the categories relating to the holding of tenancies in the Project Area, such as (1) Residential Tenant or(2) Business Operator must also provide evidence of their current residential tenancy or business ownership and operation by such means as a copy of a lease of property within the Project Area, copy of rent receipt or utility bills, or copy of business license or permit or similar documentation. (e) Eli ig bility Reguirements for Elected Representatives of Existing Community Organizations. The Board of Supervisors shall appoint the Existing Community Organization that will be represented on the PAC. That organization shall elect one member to serve on the PAC pursuant to that organization's rules and procedures. The elected representative from such organization must present to the Redevelopment Director prior to Board of Supervisors'certification of the PAC election, the following information: 1. Proof that he or she is 18 years of age or older; 2. A resolution, letter or minutes of the organization's board of directors designating its representative and authorizing such person to act on its behalf; and 3. Such other documentation which the Agency staff may deem necessary to carry out the intent of this Section. The Existing Community Organization shall be entitled to designate only one person to vote on its behalf for representatives of Existing Community Organizations. (f) Multiple Oualifying Conditions. A person with multiple qualifying conditions shall be entitled to cast only one vote,regardless of the number of properties which that person owns or other conditions which otherwise provide the basis for qualification. Entities and business, which are not natural persons, such as partnerships, limited liability companies, or corporations, shall select only one person to run or vote on behalf of that entity, even if that entity may be qualified in more than one category. In addition, a multiple qualifying business shall select one category in which to run or vote. As an example and not as a limitation of the foregoing, if a partnership owns property in one part of the Project Area and conducts business in another part of the Project Area, only one partner may run or vote in only one selected category; one partner may not run or vote in one category and another partner run or vote in another category. 320\16\161116.2 7 f„ j'".:` Notwithstanding the foregoing,residents of the Project Area who share interests in residential property(e.g., Residential Owner Occupants and Residential Tenants) qualifying them to run for a category on the PAC may each run or vote for that category,provided that there is a disclosure of their joint interest. For the purposes of these PAC Procedures, „residents" excludes corporations or other business entities. If at any time a PAC member's status changes such that the member no longer meets the qualifications of the position held, or the basis on which the qualification is made no longer applies, such PAC member must resign or be terminated from the position. Section 5.2 Election Meeting. After the Agency conducts the public meeting(s) to explain the PAC required in Section 3.3 of these PAC Procedures, the Agency shall hold such other public meeting necessary to the formation and selection of the PAC. The purpose of such public meeting shall be to hold an election for PAC membership in accordance with the requirements of these PAC Procedures ("Election Meeting"). The Election Meeting may be continued to another date if necessary and if desired by the Agency and the public to complete the formation process. The election shall be held within one hundred(100) days after the Project Area is selected by the Planning Commission. A brief introduction as to the purpose of the meeting and an overview of the meting agenda shall be presented at the Election Meeting. Sufficient copies of the agenda shall be available to allow the public to follow the sequence of events. Section 5.3 Election Process. (a) Candidate Information Forms. In order to facilitate the election of a representative PAC, any person desiring to serve may nominate themselves by completing and providing the Agency with a "Candidate Information Form" no later than the time set by the Agency, which shall be no less than one week after the Information Meeting was held to explain the PAC as provided for in Section 3.3 of these PAC Procedures. Nominations for candidates, including self-nominations, will also be taken from the floor during the Election Meeting in accordance with parliamentary procedure, only if no candidates or an insufficient number of candidates for the applicable membership category have nominated themselves by previously submitting a Candidate Information Form. Any person nominated from the floor shall submit the Candidate Information Form immediately after his or her nomination. The Candidate Information Form will call for: (1) The name and address of the candidate, including "qualifying address," if different: (2) The membership interest category for which the candidate is running; and (3) A brief statement of the candidate's qualifications to be made available for the Election Meeting. 320\16\161116.2 S (b) Pre-Election Registration. Any person desiring to vote must register or have previously registered with the Agency staff by producing proof of eligibility to vote as provided for in Section 5.1 of these PAC Procedures. After a person is registered, he or she shall be given one ballot for the membership interest category for which he or she qualifies. Any person eligible to vote or to be a candidate in more than one membership interest category must choose to vote in only one of the categories. Proof of eligibility must be provided for the category chosen. (c) Candidate Presentations. All candidates from each membership interest category shall be given a reasonable opportunity to make a presentation of their qualifications and reasons they should be elected to the PAC at the Election Meeting. The Agency staff shall establish the period of time for each presentation, taking into consideration the number of candidates and other circumstances surrounding the election. Candidates may be elected without making a presentation of their qualifications. (d) Balloting. Persons eligible to vote shall be entitled to cast votes for candidates, but only in the category for which he or she is eligible to vote. Ballots shall be provided for each membership interest category, showing the qualified candidates within each category. Voters will need to add to the ballot the names of candidates who qualified after the ballots were printed. The names of all candidates will be written clearly on a blackboard or other visual aid. Voting shall be conducted by secret ballot. The Agency staff may set up private booths, but such booths are not required. The Agency staff shall make a reasonable effort to insure private voting. Simply folding the ballot and passing it to an authorized election assistant will suffice. The tallying of ballots shall occur at the Election Meeting by Agency staff. No absentee ballots shall be accepted. Ballots, Candidate Information Forms and other records or documents relating to the election shall be maintained by the County Clerk or Agency staff for a period of at least two years. (e) Results/Runoff. Agency staff shall announce the winners of each membership interest category at the Election Meeting as soon as possible after the balloting for each category. The candidate with the highest number of votes in the applicable membership interest category(or such number of candidates with the highest number of votes as there are positions available) shall be elected. If a tie makes a runoff necessary, it should be announced immediately, even if another category's candidate presentations are interrupted, in order to encourage eligible voters to remain so that they may participate in the runoff election. ARTICLE 6 PAC APPROVAL Section 6.1 Validity Challenges. Decisions made by the Agency regarding eligibility to become a PAC member candidate or to vote, the sufficiency of evidence provided in support of such eligibility, interpretation of these PAC Procedures, or any other matter pertaining to the implementation of these PAC Procedures shall be final; provided, however, that any person or 320\16\161116.2 9 v2, group who believes that any such decision was arbitrary or not made in good faith, or who believes that any matter relating to the formation and selection of the PAC or these PAC Procedures was or is unfair, arbitrary, unreasonable, unjust or illegal, may file a written challenge to the election or electoral process stating the facts of the situation and the reasons why it is being challenged. A challenge to the election or to the electoral process shall be filed with the County Administrator and Cleric of the Board of Supervisors no more than fifteen (15) calendar days following the election of the PAC. The validity of all challenges shall be determined by the Board of Supervisors by resolution adopted within thirty(30) days following the election. Section 6.2 Board of Supervisors Findingand nd Approval. After the election of the membership of the PAC, and adoption of a resolution by the Board of Supervisors determining the validity of any challenges to the election or electoral process filed with the County Administrator and Clerk within the time prescribed in Section 6.1, if any, the Board of Supervisors shall adopt a resolution finding that the election and the electoral process complies with the provisions of these PAC Procedures, and approving the PAC as elected. This action shall take place only after the validity of all challenges, if any, have been determined by the Board of Supervisors. Notice of the date of Board of Supervisors finding regarding PAC formation and PAC approval shall be announced at the Election Meeting, and notice shall be provided to Residents and Businesses in accordance with Article 3 of these PAC Procedures. ARTICLE 7 GENERAL PROVISIONS Section 7.1 Implementation. The Agency is authorized to formulate and take all actions necessary or appropriate to implement these PAC Procedures consistent with these PAC Procedures and the CRL. Section 7.2 Compensation of PAC Members. The members of the PAC shall serve without compensation. Section 7.3 PAC Quorum. A quorum of the PAC for purposes of appointing other PAC members or making recommendations to the Board of Supervisors shall be the majority of PAC members elected or appointed to the PAC, not counting any vacancies in PAC membership. A quorum of the PAC for any other purposes shall be three (3) members. Section 7.4 Voting on PAC Matters. Once elected, PAC members may vote on any matter before the PAC, subject to the conditions and limitations of the Political Reform Act of 1974 and applicable regulations and rulings. Section 7.5 Special Procedures and Circumstances. (a) If Plan is Not Adopted. In the event that the proposed Redevelopment Plan is not adopted by the Board of Supervisors, or is adopted but is subsequently invalidated by a court of competent jurisdiction, the PAC shall cease to exist. 920\16\161116.2 10 //0 (b) If Portion of Project Area Is Deleted. In the event that a portion of the Project Area is deleted by the Planning Commission or the Board of Supervisors prior to adoption of the proposed Redevelopment Plan, or by a court of competent jurisdiction after adoption of the Redevelopment Plan, the PAC shall continue to operate in accord with the CRL, and the Board of Supervisors shall review the facts of the situation and shall determine whether some or all of the PAC members from the deleted area are no longer eligible for PAC membership and whether an election shall be held to replace such ineligible members. (c) If Territory Is Added To Project Area. If territory is added to the proposed Project Area prior to the adoption of the proposed Redevelopment Plan, the PAC shall continue to operate in accord with the CRL, and the Board of Supervisors shall review the facts of the situation and shall determine whether additional members should be added to the PAC and the manner of election for any new members to be added. If territory is added to the Project Area after the adoption of the Redevelopment Plan, the Board of Supervisors and the Agency shall proceed in accordance with Health and Safety Code Section 33355.5 with respect to addition of members to the PAC. Section 7.6 New Election. Following the initial PAC election and the adoption of the Redevelopment Plan, the Board of Supervisors may,by resolution, call for periodic elections of PAC members in accordance with these PAC Procedures. Such periodic election(s) shall be conducted not more often than once every two(2)years following adoption of the Redevelopment Plan. ARTICLE 5 AMENDMENT OF PAC PROCEDURES The Board of Supervisors may amend these PAC Procedures to make any necessary adjustments or changes to effectively form and elect the PAC. Any such amendment shall be adopted only after a duly noticed public hearing. 320\16\161116.2 11 Exhibit A MAP OF PROJECT AREA [To be added] 320118\181116.2 Al t # •' !! } x q ! t tn 10 r' / -TT wer Q a '. es wr.. ,r 4