99-055RESOLUTION NO. 99R - ~z_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING THE PROJECT AREA CUMbiITTEE
FORMATION AND ELECTION PROCEDURES FOR THE WEST
ANAHEIM COMMERCIAL CORRIDORS REDEVELOPMENT
PROJECT
WHEREAS, in Apri1_ of 1997, the City of Anaheim ("City") and the Anaheim
Redevelopment Agency ("Agency") commenced actions to amend the Brookhurst
Redevelopment Project ("Redevelopment Project") to include new territory ("Added
Project Area") and rename the Redevelopment Project to West Anaheim Commercial
Comdors Redevelopment Project; and
WHEREAS, on November 18, 1997, pursuant to 5ectian 33385 (b) of the
California Health and Safety Code, the Anaheim City Council ("Council"1 adopted
Resolution No. 97R-218 calling for the formation of a Project Area. Committee ("PAC")
for the Added Project Area and adopting procedures for the formati~,~n of the PAC ("PAC
election Procedures"); and
WHEREAS, on February 10, 1998, pursuant to Sectior. 33385 (d) (21 oft'rre
California Health and Safety Code, the Council adopted Resolution No. 98R-ZS certifying
the election of the PAC for the proposed West Anaheim Cernmerciai Corridors
Redevelopment Project; and
WHEREAS, on June 23, 1998, the Council and the Agency amended the
Redevelopment Project to include the Added Project Area and change the project narrre
to the West Anaheim Commercial Corridors Redevelopment Project; and
WHEREAS, the PAC Election Procedures limit PAC rnembersh;p to persons anti
entities representing the Added Project Area; and
WHEREAS, during the amendment adoption process, community men:br rs from
the original Brookhurst portion of the Redevelopment Proj°ct requested that t`tr;~ PAC
include representatives from the Brookhurst area; and
~'IIEILEAS, there are currently four (4) vacancies on the mine (9) +nembe~- FAC
aad the procedure for filling vacancies needs to be claritied; and
WHEREAS, the PP,C, recommended that PA.C rn?rnbersltip ~li;:ibility be. erparrdr:u
to include members from the original Brocl:hurt area.
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NOW, THEREFORE, the City Council hereby resolves as follows:
SECTION 1. The Project Aria Committee Formation and Election Procedures
for the West Anaheim Redevelopment Project Amendment Area are amended to clarify
the language regarding filling PAC vacancies and to allow eligible persons from the
original Brookhurst area to also serve on the PAC.
APPROVED AND ADOPTED this 23rd day of N:arch , 1999.
ATTEST:
~~
City Clerk
~~
Mayor
F'.LL~IX'S.C>: ";:: F:.Er,°.:. i•,i,'I'ti:nCf_;p I°A_~(lC
ANAHEIM
REDEVELOPMENT
AGENCY
Amended March 23, 1999
AMENDED PROJECT AREA COMMITTEE
FORMATIONAND ELECTION PROCEDURES
for the
WEST ANAHEIM REDEVELOPMENT
PROJECT AMENDMENT AREA
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S[7lre 1003
ANnttEms, CgLIFORxu 92805
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714 765-4300
West Anaheim Redevelopment Project Amendment
ANAHEIM REDEVELOPMENT AGENCY
Amended and Restated Project Area Committee Formation and
Election Procedures
for the
West Anaheim Commercial Corridors Redevelopment Project
., The City of Anaheim and the Anaheim Redevelopment Agency by amendment added territory
to the Brookhurst Commercial Corridor Redevelopment Project (hereinafter defined as the
"Added Project Area"and changed the name of the amended project to the West Anaheim
Commecial Corridors Redevelopment Project. A project azea committee (a "PAC") has been
constituted for the Added Project Area but does not include representatives from the original
Brookhurst project area (hereinafter defined as the "Original Project Area"). However, these
Amended and Restated Project Area Committee Formation and Election Procedures expand
PAC eligibility to qualified persons in both the Original Project Area and the Added Project
Area.
Prior to calling for the formation of a PAC in any existing or proposed redevelopment project
area, including territory to be added thereto (a "Project Area"), the Community
Redevelopment Law (Health and Safety Code Section 33000 et seq. (the "CRL") requires the
City Council to establish a procedure for the formation of a PAC and election of PAC
members. Under the law, the procedure is required to describe the method and timing of the
formation of the PAC, including the method and procedure for giving notice to the public
regarding formation of the PAC. Procedures regarding the election of PAC members must
also be adopted after a public hearing before the City Council.
1.0 DEFINITIONS
For the purposes of these Project Area Committee Formation and Election Procedures
(the "Procedures"):
1. "Added Project Area" means that portion of the Project Area added pursuant to the
Redevelopment Plan Amendment.
2. "Agency" means the Anaheim Redevelopment Agency, a public body, corporate
and politic, which exercises powers as a redevelopment agency under the CRL.
3. "Business" means any lawful activity, whether or not carried on for profit, which
is conducted within the Project 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
F:\DOCSIDE VSVCS~OTHERREPUlCO8A20A. DOC
Wes[ Anaheim Redevelopment Project Amendment
(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 Project Area, but who does not use the real property as a
primary residence. Such real property includes, residential, non~wner occupied
property, industrial property, retail property, and other commercial property.
4. "City" means the City of Anaheim, California, a municipal corporation. -
5. "City Council" means the City Council of the City, exercising powers as the
legislative body under the CRL.
6. "Community Redevelopment and Housing Commission" means the commission
appointed by the City Council, pursuant to the CRL, to advise the Agency and City
Council on matters related to redevelopment and housing within the City of
. Anaheim.
7. "Community Organization" means any nonprofit organization of persons organized
for religious, entrepreneurial, scientific, educational, literary or other purposes,
which provides services to the project area, its residents, businesses or tenants, or
draws membership from the project area.
8. "Original Project Area" means that portion of the Project Area in existence prior
to the Redevelopment Plan Amendment.
9. "Person" mev-s, but is not limited to, an individual, household, family,
proprietorship, partnership, business trust, joint venture, syndicate, corporation,
limited liability company, or association.
10. "Project Area" means the proposed West Anaheim Commercial Corridors
Redevelopment Project Area, as illustrated in Attachment "A". The Project Area
includes the Original Project Area and the Added Project Area.
11. "Project Area Committee" or "PAC" means the committee formed and selected in
accordance with Section 33385, et seq. Of the CRL and these Procedures.
12. "Redevelopment Plan Amendment" means the amendment to the Brookhurst
Redevelopment Project adopted by the City Council on June 23, 1998 by
Ordinance No. 5637 which (i) added the Added Project Area to the Project Area
and (ii) renamed the Brookhurst Redevelopment Project to the West Anaheim
Commercial Corridors Redevelopment Project.
13. "Resident" means a Residential Owner-Occupant or Residential Tenant in the
Project Area.
14. "Residential Owner-Occupant" means a person who is the owner of record of a
dwelling unit in the Project Area and occupies such dwelling unit as a permanent
residence and usual place of abode.
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West Anaheim Redevelopment Project Amendment
15. "Residential Tenant' means a person who rents a dwelling unit in the Project Area
pursuant to a rental agreement and has occupied such dwelling unit as a permanent
residence and usual place of abode for not less than twenty-nine (29) days prior to
the PAC election meeting.
2.0 PAC FORMATION REQUIREMENTS -
According to the CRL, a PAC shall be formed where a substantial number of low
and/or moderate income persons reside in the Project Area, and either there is eminent
domain authority in the redevelopment plan with respect to residential development, or
there is one or more public projects proposed that could displace low and/or moderate
income persons.
If a PAC does not exist in a Project Area to be amended, then a PAC shall be
constituted pursuant to these procedures if the amendment would grant authority to the
Agency to acquire property if a substantial number of low and/or moderate income
persons reside in the Project Area, or if the amendment would add territory in which a
substantial number of low- and moderate-income persons reside and grant the authority
to the Agency to acquire by eminent domain property on which persons reside in the
added territory. In this later case, the PAC may be composed of persons from both the
Original Project Area and the Added Project Area.
3.0 NOTIFICATION AND MEETINGS
1. Agency staff shall conduct at least one public meeting to explain the
establishment of, function of, and opportunity to serve on the PAC. This
meeting shall be conducted at least one week, but no more than four weeks,
prior to the meeting at which PAC members are elected. At the meeting, the
Agency shall distribute copies of this procedure, Sections 33347.5, 33366, and
33385 through 33388 of the CRL, a preliminary plan or draft redevelopment
plan as appropriate, or the pertinent portions thereof, materials relating to the
disclosure of economic interests in the Project Area, information regarding the
open meeting requirements of the Ralph M. Brown Act, applications for PAC
membership, and any other materials the Agency determines to be useful.
2. The Agency shall publish notice of each meeting, hearing or election 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 days prior to the date for each
meeting, hearing or election. Alternatively, the Agency may publish notice once
with all dates for meetings, hearings and elections. The notice shall include: 1)
the date, time and place of each meeting, hearing or election, 2) the identity of
each body conducting such meeting, hearing or election, 3) a general explanation
of the matters to be considered, 4) a general description of the Project Area in
text or by diagram, 5) a statement that a PAC will be formed for the Project
Area, 6) a general description of the duties of PAC members, and 7) a general
statement of the criteria for eligibility to vote for PAC members and serve on the
PAC.
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West Anaheim Redevelopment Project Amendment
3. The Agency shall provide written notice of the PAC formation meeting and
opportunity to serve on the PAC via first class mail to all known mailing
addresses in the Project Area, regardless of whether such addresses are business
or residential properties, whether they are occupied by owners or tenants, and
shall include all community organizations with addresses in the Project Area.
The written notice shall briefly explain the reasons why the PAC is being
formed, where copies of a preliminary plan or draft redevelopment plan as
appropriate, or pertinent portions thereof, may be obtained, where PAC
membership applications may be obtained, and where information regarding
financial disclosure may be obtained. The written notice shall also include a
map of the proposed Project Area and a schedule of meetings for the formation
of the PAC and election of PAC members.
4.0 COMPOSITION OF THE PAC
1. In addition to satisfying the membership criteria set forth in the Community
Redevelopment Law, it is intended that the PAC be composed of members
geographically representative of the entire Project Area.
2. The PAC shall be composed of nine (9) members, with membership being
divided as follows based on each group's proportionate share of acreage in the
project area:
Businesses 3
Residential Owner-Occupants 1
Residential Tenants 2
Community Organizations 3
Total: 9
" Reasonable efforts will be made to include up to three (3) eligible members
from the Original Project Area out of the nine (9) total members.
3. Alternate members of the PAC shall also be selected from candidates who are
not elected as representatives of their categories.
5.0 NOMINATION OF PAC MEMBERS
Each candidate for PAC membership must submit a completed PAC Application
to the Redevelopment Agency, which application must be received by the
Redevelopment Agency by 5:00 p.m. two business days before the scheduled
PAC election. A copy of the PAC Application is attached as Attachment "B"
and is incorporated herein by this reference. All PAC Applications submitted
shall be available to the general public for review at the Redevelopment Agency
beginning on the business day following submittal. All PAC Applications shall
be available at the election meeting.
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Wes[ Anaheim Redevelopmrnt Project Amendment
2. Each Community Organization elected to serve on the PAC shall appoint one of
its members to serve on the PAC. An alternate may also be appointed to serve
on the PAC in the event that the original representative is unable to attend a
PAC meeting. However, in no event shall more than one member of the
Community Organization attend the PAC meetings in a representative capacity.
3. If an insufficient number of nomination forms for any particular membership
category are received by the Agency, then individuals who otherwise meet the
requirements for PAC membership may nominate themselves to PAC
membership from the appropriate category at the election meeting.
4. If fewer than nine (9), but more than four (4) nominations are received at or
before the election meeting, a PAC may be formed if at Least five (5) PAC
members can be elected, with no membership category taking more than its
allocated spots, and no membership category forming a majority of the PAC
membership.
S. If fewer than five (5) nominations are received or if fewer than five (5) PAC
members are elected, then the PAC shall not be formed, and the Agency shall
informally consult with interested individuals during the preparation of the
redevelopment plan and afterwards.
6.0 CANDIDATE AND VOTER ELIGIBILITY
'Those eligible to vote in the PAC election and/or to be PAC members shall be
eighteen (18) years of age or older, and shall be a member of at least one
membership category.
2. Candidates for PAC membership and voters must certify that they are eligible to
serve as PAC members. Candidates shall do this by signing a PAC eligibility
certificate at the time PAC nomination papers are submitted, or, if a nomination
is made pursuant to Section 5.3, at the PAC election meeting. Eligible voters
must certify that they are eligible to vote for PAC members by signing a PAC
eligibility certificate either before or at the PAC election meeting.
3. Only one representative of a Community Organization may cast a vote for
Community Organization representatives, and only one member each of any
Community Organization may be elected as a PAC member representing
Community Organizations.
7.0 ELECTION OF PAC MEMBERS
At the time and place of the meeting held to elect the PAC, Agency staff shall
provide a second briefing to attendees on election procedures, PAC roles and
duties, how individuals may participate, disclosure requirements, and the open
meeting provisions of the Ralph M. Brown Act.
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West Anaheim Redevelopment Project Amendment
2. The staff of the Redevelopment Agency shall be available to assist with the
administration of the PAC election, and shall record all results thereof.
3. Attendees who wish to participate in the election of PAC members shall then
divide into their respective membership groups, and shall elect by ballot the
number of PAC members permitted in Section 4.1. The Agency shall provide
ballot forms and supporting materials necessary to conduct the election. Prior to
the election, each candidate may briefly state his or her background and why he
or she wishes to serve on the PAC.
4. Agency staff shall then count the ballots for each of the membership groups, and
shall announce the names of the appropriate number of candidates who received
the greatest number of votes for each membership group. Those who received
the greatest number of votes shall be named to the PAC. For instance, if there
are to be two representatives in a certain category, then the two candidates
receiving the highest number of votes in that category shall be named members
of the PAC. If a runoff is necessary, it shall be announced and held
immediately.
5. If, at the time of formation of the PAC, an insufficient number of candidates are
elected to represent each membership category on the PAC, such seats may
remain vacant until qualified and eligible candidates are selected in the manner
provided by this Procedure, so long as there are five (5) or more PAC members
in total.
6. Until such time as vacant seats on the PAC have been filled, a majority of the
occupied seats on the PAC shall constitute a quorum. The existence of any
vacancies shall not prevent formation of the PAC or of the conduct of business
by the PAC, as long as a quorum exists.
7. Spanish translation services will be available at the PAC election meeting for
those candidates and voters who have limited proficiency with the English
language.
8.0 PRESENTATION OF PAC TO CITY COUNCIL
Agency staff 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 below.
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West Anaheim Redevelopment Project Amendmera
9.0 CHALLENGES TO THE PAC ELECTION
1. Any challenges to the election of the PAC or a PAC member must be filed with
the City Clerk of the City Council within 15 calendar days of the PAC election.
The City Council shall act on the validity of the challenge to the election within
30 days of the election. If there are no challenges to the election, then within 30
days of the election the City Council shall declare the election valid and shall
direct Agency staff to convene the PAC within 30 days.
2. If there is a valid challenge to the election of the PAC or an individual PAC
member, then the City Council shall direct Agency staff to reconvene the PAC
election meeting within 45 days. All notifications and meetings shall be redone
pursuant to these guidelines.
10.0 PAC DUTIES AND PROCEDURES
The PAC shall advise the Community Redevelopment and Housing Commission and
the Agency concerning policy matters that deal with the planning and provision of
residential facilities or replacement housing for those who may be displaced by project
activities. In addition, the PAC shall advise the Community Redevelopment and
Housing Commission and the Agency on other policy matters that affect the residents
in the Project Area.
1. Meeting dates and agendas shall be posted in a public place in the manner
provided for by law.
2. Meetings of the PAC shall be open to the public, and action minutes shall be
taken and provided to the Agency.
3. Minutes and records of the PAC shall be open to public inspection.
4. All meetings of the PAC shall be subject to open meeting requirements of the
Ralph M. Brown Act.
5. PAC members shall be required to file financial disclosure and conflict of
interest statements, pursuant to the Political Reform Act and implementing
regulations, with the City Clerk in the manner required by law and pertinent
City of Anaheim ordinances, policies and/or procedures.
6. The PAC may adopt its own procedures which are consistent with these Project
Area Committee Formation and Election Procedures. The procedures shall
define a quorum as being a majority of filled seats and shall provide for public
comments at meetings, business procedures, acceptable absences to not exceed
four in one ealendar year, voting procedures, and other pertinent matters. If
adopted, the PAC shall conduct its business according to those procedures.
7. If, after the formation of the PAC, a vacancy occurs on the PAC, the following
process shall be followed: all eligible interested persons must submit an
Amended Project Area Committee Membership Application to the existing PAC,
then the existing PAC will vote on eligible candidates to fill the vacancy.
F:\DOCS\DEVSV CS\OTHERREP\RC08A20A.000
West Anaheim Redevelopment Project Amendment
Applications of candidates not elected will remain on file with the Agency for
notification of future vacancies.
8. The PAC shall advise the Agency throughout the period during which the
redevelopment plan is being formulated, and for a period of three years after
adoption of the redevelopment plan, subject to one year extensions by the City
Council.
9. The PAC shall review all documents pertinent to the formulation of the
redevelopment plan (including any subsequent amendments thereto), including as
appropriate the preliminary plan, the preliminary report, the redevelopment plan
itself, any environmental documents, and all other appropriate supporting and
explanatory material. The PAC may make a recommendation to the Agency
relative to whether the redevelopment plan should be adopted, and any changes
that should be made to it.
10. The members of the PAC shall serve without compensation.
F:\DOCS\DEVS V CS\OTHERREP\RCOSAIOA.DOC
Attachment "A "
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Attachment "B"
WEST ANAHEIM REDEVELOPMENT PLAN
AMENDED PROJECT AREA COMMITTEE
MEMBERSHIP APPLICATION
Thank you for your interest in applying for the West Anaheim Redevelopment Plan Project Area Committee. Please
fill out the following form. It will be made available to existing PAC members before the meeting where the PAC will
vote to fill the existing vacancies.
(Please print your name)
hereby volunteer to run for election to the West Anaheim Redevelopment Plan Project Area Committee.
I would like to be elected for the following membership category:
(CHOOSE ONE ONLY)
^ Businesses ^ Residential Tenants
L~ Residential Owner/Occupants ^ Community Organizations
I certify that within the West Anaheim Redevelopment Plan boundaries (choose only one):
I am a Business or authorized representative of a Business, or I own property which is not my residence. The name
and address of the business or property is:
I am a Residential Owner-Occupant, because I own and reside in residential property as my permanent residence. My
property is located at the following address:
I am a Residential Tenant, because I rent a dwelling unit and have occupied the dwelling unit as my permanent
residence for more than 28 days. I reside at the following address:
I am a member of a Community Organization that provides services to the project area, its residents, businesses or
tenants, or draws membership from the project area. I have a letter from the organization authorizing me to represent
it. The name, address and services provided by the organization are:
The reasons I would like to serve on the Project Area Committee are as follows (include prior community experience
or other qualification to serve, why you would like to be elected to the Project Area Committee, and any other
information you may wish to add. Please attach an additional sheet if necessary):
(continued)
Attachment "B"
(continued)
I acknowledge that if I am elected as a Project Area Committee member, I will be required to complete a Statement of
Economic Interest, which discloses certain personal f-nancial information concerning any financial interest I have
(including my family and my spouse, if applicable). I also acknowledge that I am eligible to serve on the Project Area
Committee as a representative of the group I selected above, and that if elected, I will participate in the regular Project
Area Committee meetings.
Signature
Date
" "'esidence Address
Mailing Address
Daytime Phone Number
Evening Phone Number
To be eligible for election to the Project Area Committee, this completed application must be returned to and received
by the Anaheim Redevelopment Agency, 201 South Anaheim Boulevard, Suite 1003, Anaheim, CA 92805,
(714)765-4300
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Resolution No. 99R-55 was introduced and adopted at a regular meeting provided by law, of the
Anaheim City Council held on the 23rd day of March 1999, by the following vote of the members
thereof:
AYES: MAYOR/COUNCIL MEMBERS:
NOES: MAYOR/COUNCIL MEMBERS:
ABSENT: MAYOR/COUNCIL MEMBERS:
Feldhaus, Kring, Tait, McCracken, Daly
None
None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution
No. 99R-55 on the 23rd day of March, 1999.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of
Anaheim this 23rd day of March, 1999.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is
the original of Resolution No. 99R-55 was duly passed and adopted by the City Council of the City
of Anaheim on March 23rd, 1999.
CITY CLERK OF THE CITY OF ANAHEIM