HomeMy WebLinkAboutAgenda Report - September 5, 2001 G-01 PHe
CITY OF LODI COUNCIL COMMUNICATION
AGENDA TITLE: Resolution approving procedures for the election of members to redevelopment
project area committees in the City of Lodi
MEETING DATE: September 5, 2001
PREPARED BY: Community Development Director
RECOMMENDED ACTION: That the City Council adopt a Resolution approving procedures for
the election of members to project area committees in the City of
Lodi.
BACKGROUND INFORMATION: This action by the City Council is necessary in order to establish a
project area committee for Redevelopment Project No. 1. The
procedures contained in the attached document are, for the most
part, boiler plate from the California Redevelopment Law. As
described in the formation procedures, the project area committee is required whenever a project area will
have certain eminent domain capabilities.
The election procedures contain all of the required elements necessary to conduct an election. It may
seem like an involved process to establish the project area committee, but the intent of the law seems to
provide for broad representation from all groups who might be affected both positively and negatively.
FUNDING: None required
Konradt Bartlam
Community Development Director
Attachments
APPROVED:
Fi. Dixon Flynn -- ity Manager
01-35.doc 08/28101
RESOLUTION NO. 2001-214
A RESOLUTION OF THE LODI CITY COUNCIL
APPROVING AND ADOPTING PROCEDURES FOR
THE ELECTION OF MEMBERS TO REDEVELOPMENT
PROJECT AREA COMMITTEES IN THE CITY OF LODI
WHEREAS, by Resolution No. 01-21, adopted on July 11, 2001, the Planning
Commission of the City of Lodi selected and designated the boundaries (the "Project
Area") of the Lodi Redevelopment Project No. 1 (the "Project"), approved a Preliminary
Plan for the Project (the "Preliminary Plan"), and submitted said Preliminary Plan to the
Redevelopment Agency of the City of Lodi (the "Agency"); and
WHEREAS, the Agency is preparing a proposed Redevelopment Plan for the
Project; and
WHEREAS, Section 33385(a) of the California Community Redevelopment Law
(Health and Safety Code Section 33000 et seq.) requires that the legislative body, under
certain circumstances, call upon the residents and existing community organizations in a
redevelopment project area to form a project area committee; and
WHEREAS, by Resolution No. 2001-215 adopted on September 5, 2001, the
City Council of the City of Lodi (the "City Council") determined that a project area
committee shall be formed for the Project and approved and adopted "Procedures for
the Formation of a Project Area Committee for the Lodi Redevelopment Project No. 1";
and
WHEREAS, Sections 33385(c) and (d) of the Community Redevelopment Law
require that project area committee members be elected and that the legislative body
adopt, after a duly noticed public hearing, community wide procedures for the election of
project area committee members; and
WHEREAS, proposed "Procedures for the Election of Members to Project Area
Committees in the City of Lodi" have been prepared and are attached hereto and
incorporated herein by this reference (the "PAC Election Procedures"); and
WHEREAS, notice of a public hearing to consider adoption of the proposed PAC
Election Procedures was published in the Lodi News Sentinel on August 25, 2001; and
WHEREAS, the City Council held a public hearing on September 5, 2001, to
consider adoption of the proposed PAC Election Procedures.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LODI DOES
HEREBY RESOLVE AS FOLLOWS:
Section 1. The City Council hereby approves and adopts the PAC Election
Procedures.
Dated: September 5, 2001
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I hereby certify that Resolution No. 2001-214 was passed and adopted by the Lodi City
Council in a regular meeting held September 5, 2001 by the following vote:
AYES: COUNCIL MEMBERS — Howard, Land, Pennino and Mayor Nakanishi
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — Hitchcock
SUSAN J. BLACKSTON
City Clerk
2001-214
PROCEDURES FOR THE ELECTION OF MEMBERS
TO PROJECT AREA COMMITTEES IN THE
CITY OF LODI
I. [§100] PURPOSE
The purpose of these PROCEDURES FOR THE ELECTION OF MEMBERS TO
PROJECT AREA COMMITTEES IN THE CITY OF LODI (the "PAC Election
Procedures") is to implement the provisions of Section 33385(d) of the California
Community Redevelopment Law (Health and Safety Code Section 33000 et seq.) by
establishing a communitywide process for the election of members to Project Area
Committees ("PACs") in the City of Lodi.
II. [§200] DEFINITIONS
A. [§201] Agency
"Agency" means the Redevelopment Agency of the City of Lodi and any
Agency staff, consultants, assignees, delegatees, and City departments who may be
assigned the duties and responsibilities for carrying out these PAC Election Procedures.
B. [§202] Business
"Business" means any lawful activity, conducted for the purpose of
making a profit and primarily for the following:
1. The purchase, sale, lease, or rental of personal or real property and
the manufacture, processing, or marketing of products,
commodities, or other personal property; or
2. The sale of services to the public; or
3. Any other legally defined business purpose.
C. [§203] Business Owner
"Business Owner" means any person or legal entity which presents
satisfactory evidence of ownership and operation of a business within the Project Area.
Business Owners are separated into two separate categories for purposes of these PAC
Election Procedures:
1. 'Business Owner -Tenant" means any Business Owner who presents
satisfactory evidence of lawful rental and occupancy of property
LOD/PACElecProceds 6/28/41
located within the Project Area where he or she operates his or her
business.
2. "Business Owner -Property Owner" means any Business Owner
who presents satisfactory evidence of ownership of the property
locateD within the Project Area where he or she operates his or her
business.
D. [§204] City
"City" means the City of Lodi, California.
E. [§2051 Project
"Project" means the redevelopment project which is proposed to be
adopted pursuant to the Community Redevelopment Law of the State of California
(Health and Safety Code Section 33000 et seq.) and for which a preliminary plan has
been adopted by the Planning Commission of the City of Lodi.
G. [§206] Project Area
"Project Area" means the area selected and designated as the
redevelopment project area by the Planning Commission of the City of Lodi.
H. [§207] Project Area Committee ("PAC")
"Project Area Committee," or "PAC," means the Project Area Committee
elected in accordance with these PAC Election Procedures for the Project Area.
1. [§208] Residential Owner -Occupant
"Residential Owner -Occupant" means any person who presents
satisfactory evidence of ownership and occupancy of a residential dwelling located
within the Project Area as his or her principal place of residence.
J. [§209] Residential Tenant
"Residential Tenant" means any person who presents satisfactory
evidence of lawful rental and occupancy of a residential dwelling located within the
Project Area as his or her principal place of residence.
LOD/PACElecProceds 6/28/01
III. [§300] VOTER AND CANDIDATE ELIGIBILITY
A. [§301] General Eligibility Requirements
In order to qualify to vote for or be a candidate for election as a member of
the PAC, a person must present proof that he or she is at least 18 years of age or older
and either resides within the Project Area or owns and operates a business within the
Project Area. Proof of voter eligibility shall be by voter affidavit given at the time of
voting. Proof of candidate eligibility shall consist of a California driver's license or
California identification card and such other proof as is required pursuant to the
provisions set forth in paragraphs B and C of this Part III.
B. [§302] Required Proofs for Residential Owner -Occupant Category
Persons seeking to prove their eligibility for the category of Residential
Owner -Occupant must, in addition to the proof required by paragraph A above, also
provide evidence of current ownership and occupancy of property within the Project
Area by such means as a copy of their property tax bill and one document verifying
occupancy, such as a utility bill, printed check, or other similar document.
C. [§303] Required Proofs for Residential Tenant and Business
Owner -Tenant Categories
Persons seeking to prove their eligibility for the Residential Tenant or
Business Owner -Tenant categories must, in addition to the proof required by paragraph
A above, also provide evidence of their current residential tenancy or business
operation and ownership by such means as a copy of a rental agreement or lease of
property within the Project Area, copies of rent receipts, utility bills and/or copies of
business licenses or permits, or similar documentation.
D. [§304] Required Proofs for Business Owner -Property Owner Category
Persons seeking to prove their eligibility for the category of Business
Owner -Property Owner must, in addition to the proof required by paragraph A above,
also provide evidence of current ownership of property within the Project Area by such
means as a copy of their property tax bill and one or more documents verifying
business ownership, such as copies of business licenses or permits, or similar
documentation.
E. [§305] Multiple Qualifying 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
LOWPACEIecProceds 6/28/01
conditions which otherwise provide the basis for qualification. Entities and businesses
which are not natural persons, such as partnerships or corporations, shall select only
one person to vote or be a candidate for election on behalf of that entity or business.
IV. [§400] VOTER REGISTRATION
Prior to voting, any person desiring to vote must register with Agency staff by
filling out and submitting to the Agency an affidavit of eligibility to vote as referred to
in Part III above. The affidavit of eligibility shall be in the form set forth in the lower
half of the Sample Ballot (Attachment No. 1 to these PAC Election Procedures).
Any person eligible to vote in more than one membership category must choose
one category only in which to vote.
V. [§500] CANDIDATE FILING/STATEMENTS
Prior to the election, any person desiring to run for election to the PAC must fill
out and file with the Agency the Candidate Information Form (Attachment No. 2 to
these PAC Election Procedures) and such other documentation as is required under Part
III above. Candidate filings may be made at the pre-election meeting described in Part
VI below or may be otherwise submitted to the Agency, provided, however, that all
candidate filings must be made no later than one (1) week prior to the election. In the
event no candidate filings are made in a particular category prior to the one-week
deadline, the Agency may, at its discretion, elect to extend the filing deadline for any
period up to and including election day.
Any person eligible to be a candidate in more than one membership category
must choose one category only for which to run.
All candidates from each membership category may submit appropriate election
statements which shall be made available by the Agency immediately prior to the start
of the election. Candidate statements shall not exceed one page
(8-1/2" x 11") in length and must be submitted to the Agency no later than one (1) week
prior to the election. Candidate statements, as submitted, may be reproduced and/or
enlarged by Agency staff, but shall not otherwise be altered.
VI. [§600] PRE-ELECTION INFORMATIONAL MEETING(S)
The Agency shall conduct at least one (1) public meeting to explain the election
process, provide Candidate Information Forms and answer any questions pertaining to
eligibility requirements for voters and candidates, the scheduled date, time, and
location of the election and similar matters. During the pre-election informational
LOWPACEIecPmceds 6/28/01
meeting(s), the Agency shall accept Candidate Information Forms and election
statements.
Notice of the date, time, and location of the pre-election informational meeting(s)
shall be given pursuant to the procedures adopted by the City Council for the formation
of a PAC for the Project Area (the "PAC Formation Procedures").
VII. [§700] ELECTION
A. [§7011 Time of Election
The election of a representative PAC shall be held within 100 days after
the Project Area is selected. The Agency shall establish an appropriate date, time, and
location for the election.
B. [§702] Notice of Election
Notice of the date, time, and place of the election shall be given pursuant
to the PAC Formation Procedures.
C. [§703] Balloting
Persons eligible to vote shall be entitled to cast votes only in the category
for which they are eligible to vote. No write-in candidates will be allowed.
Ballots shall be provided for each membership category. Voting shall be
conducted by secret ballot. The Agency shall make a reasonable effort to ensure private
voting. Simply folding the ballot and passing it to an authorized election assistant will
suffice.
The tallying of ballots shall be done immediately following the election.
No absentee ballots shall be accepted.
D. [§704] Results/Runoffs
The Agency shall announce the winners of each category of membership
as soon as possible after the ballots for each category have been tallied. The candidate
with the highest number of votes in the applicable membership category (or such
number of candidates with the highest number of votes as there are positions available)
shall be elected. In the event of a tie for a membership position, the person or
organization to be designated for that position shall be selected by majority vote of the
other members of the Project Area Committee at their first meeting.
LOD/PACEIecProceds 6/28/01
VIII. [§8001 CHALLENGES
The Agency shall retain all ballots and election results for presentation to the
City Council in the event of any potential challenges. Any challenge to the election of
any member to the PAC must be made in writing and filed with the City Council within
fifteen (15) days after the election. The City Council shall use its reasonable discretion
to resolve any questions presented by the challenge. The validity of all challenges shall
be determined by the City Council within thirty (30) days after the election.
IX. [§9001 VACANCIES
Vacancies in PAC membership shall be filled according to the PAC's adopted
Bylaws.
LOD/PACElecProceds 6/28/01
ATTACHMENT NO. 1
SAMPLE RESIDENTIAL OWNER -OCCUPANT BALLOT
Please choose no more than two (2) of the following:
❑ Candidate 1 ❑ Candidate 4
❑ Candidate 2 ❑ Candidate 5
❑ Candidate 3 ❑ Candidate 6
Please detach here
ELIGIBILITY CERTIFICATE
I, , do hereby certify that I have read and understand
the voter eligibility requirements described in the "Procedures for the Election of Members to
Project Area Committees in the City of Lodi" (the "PAC Election Procedures") and that I am
eligible to vote in the election of members to the Project Area Committee for the Lodi
Redevelopment Project. My signature below acknowledges that I own and occupy residential
property in the Lodi Redevelopment Project Area and that I am able to show proof of this upon
demand. I understand that I am eligible to vote only in this category, regardless of qualifying to
vote in other categories. I further understand that the violation of any of the voter eligibility
requirements set forth in Sections 300-304 of the PAC Election Procedures will nullify the above
ballot.
SIGNED:
Date
ADDRESS:
LOD/PACEIecProceds 8/22/01
ATTACHMENT NO. 2
CANDIDATE INFORMATION FORM
PROJECT AREA COMMITTEE
[Please Print]
NAME:
TELEPHONE NUMBER: ( )
MAILING ADDRESS:
PROJECT
I would like to serve as a member of the Project Area Committee for the
Redevelopment Project under the following category (choose one of the following
membership categories and qualifications are described on the reverse side of this form):
❑ Residential Owner -Occupant
❑ Residential Tenant
❑ Business Owner -Tenant
❑ Business Owner -Property Owner
ADDRESS:
NAME OF BUSINESS (if applicable):
BUSINESS LICENSE NUMBER (if applicable):
only;
I HEREBY CERTIFY, UNDER PENALTY OF PERJURY, THAT THE FOREGOING
INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND
THAT I MEET THE REQUIRED QUALIFICATIONS TO BE DESIGNATED AS A
MEMBER OF THE PROJECT AREA COMMITTEE FOR THE LODI REDEVELOPMENT
PROJECT NO. 1.
SIGNATURE:
DEADLINE FOR SUBMISSION:
DATE:
Submit in person or by mail to the REDEVELOPMENT AGENCY OF THE CITY OF LODI,
Attention: Rad Bartlam, Community Development Director, 221 West Pine Street, Lodi,
California 95241.
Persons interested in serving on the Project Area Committee are hereby notified that, if elected,
they must file, as a public record, a Statement of Economic Interest and must comply with
provisions of the Conflict of Interest Code for the Project Area Committee.
LOD/PACElecrroceds 8/22/01
MEMBERSHIP CATEGORIES, QUALIFICATIONS AND
DOCUMENTS REQUIRED TO BE FILED BY CANDIDATES
Proof that the candidate is at least 18 years of age or older, such as a copy of a birth certificate,
voter's registration card, driver's license or California identification card, must be filed with the
Voter Qualification Form.
Residential Owner -Occupant:
To qualify as a candidate under this category, the person must own and occupy, as
his or her principal place of residence, a residential dwelling located within the
Lodi Redevelopment Project Area.
A copy of the property tax bill and one document verifying that the property is
occupied by the owner, such as a utility bill, printed check, or other similar
document, must be presented with the Candidate Information Form.
Residential Tenant:
To qualify as a candidate under this category, the person must rent and occupy, as
his or her principal place of residence, a residential dwelling located within the
Lodi Redevelopment Project Area.
A copy of a rental agreement, lease agreement, rent receipt, statement from the
landlord, or utility bill verifying that the property is occupied by the renter must
be presented with the Candidate Information Form.
Business Owner -Tenant:
To qualify as a candidate under this category, the person must own and operate a
business located within the Lodi Redevelopment Project Area and rent the
property where his or her business is located. Business Owner -Tenant shall
include any person or legal entity which presents satisfactory evidence of
ownership and operation of a business within the Project Area.
A copy of a rental agreement, lease agreement, rent receipt, utility bill, business
license or permit, property tax bill, or similar documentation must be presented
with the Candidate Information Form.
Business Owner -Property Owner:
To qualify as a candidate under this category, the person must own and operate a
business located within the Lodi Redevelopment Project Area and own the
property where his or her business is located. Business Owner -Property Owner
shall include any person or legal entity which presents satisfactory evidence of
LOD/PACElecProceds 8/22/01
ownership and operation of a business within the Project Area and ownership of
the property where that business is located.
A copy of the property tax bill and one or more documents verifying business
ownership, such as copies of business licenses or permits, or similar
documentation must be presented with the Candidate Information Form.
LOD/PACElecProceds 8/22/01
U ,
U9�lFOEt�V
SUBJECT:
Please immediately confirm receipt
of this fax by calling 333-6702
CITY OF LODI
P. O. BOX 3006
LODI, CALIFORNIA 95241-1910
ADVERTISING INSTRUCTIONS
NOTICE OF PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF LODI ON
THE ADOPTION OF COMMUNITY -WIDE ELECTION PROCEDURES FOR
REDEVELOPMENT PROJECT AREA COMMITTEES
PUBLISH DATE(s): SATURDAY, AUGUST 25, 2001
TEAR SHEETS WANTED: Three (3) please
SEND AFFIDAVIT AND BILL TO: SUSAN BLACKSTON, CITY CLERK
City of Lodi
P.O. Box 3006
Lodi, CA 95241-1910
DATED: AUGUST 22, 2001
ORDERED BY:
JACQUELINE L. TAYLOR
DEPUTY CITY CLERK
Faxed to the Sentinel at 369-1084 at L/: g0pM {time) on ) (date) (pages)
Sharon Phoned to confirm receipt of all 0aages`at (time) Jac _Jen (initials)
forms\advins.doc
On Thursday, August 23, 2001 in the City of Lodi, San Joaquin County, California, a
copy of Notice of Public Hearing of the City Council of the City of Lodi on the adoption of
community -wide election procedures for Redevelopment Project Area Committees
(attached hereto, marked Exhibit "A") was posted at the following four locations:
Lodi Public Library
Lodi City Clerk's Office
Lodi City Hall Lobby
Lodi Carnegie Forum
I declare under penalty of perjury that the foregoing is true and correct.
Executed on August 23, 2001, at Lodi, California.
ORDERED BY:
SUSAN J. BLACKSTON
CITY CLERK
Jacqueline L. Taylor
Deputy City Clerk
Jennif0t M. Perrin
Deputy City Clerk
forms%decpost.doc
• CITY OF LODI NOTICE OF PUBLIC HEARING
Date: Wednesday, September 5, 2001
Carnegie Forum
305 West Pine Street, Lodi Time: 7:00 p.m.
For information regarding this notice please contact:
Susan J. Blackston
City Clerk
Telephone: (209) 333-6702
NOTICE OF PUBLIC HEARING OF THE CITY COUNCIL
OF THE CITY OF LODI ON THE ADOPTION OF COMMUNITY -WIDE ELECTION
PROCEDURES FOR REDEVELOPMENT PROJECT AREA COMMITTEES
NOTICE IS HEREBY GIVEN that the City Council of the City of Lodi (the "City Council")
will hold a public hearing on Wednesday, September 5, 2001, commencing at 7:00 p.m.,
or as soon thereafter as the matter may be heard, at the Carnegie Forum, 305 West Pine
Street, Lodi, California, to consider and act upon the adoption of proposed community-
wide election procedures for redevelopment Project Area Committees.
The proposed Election Procedures for Project Area Committees (the "Procedures") have
been prepared pursuant to Section 33385 of the Community Redevelopment Law (Health
and Safety Code Section 33000 et seq.), which now requires legislative bodies to adopt
community -wide procedures for the election of project area committee members.
Interested persons may inspect and, upon the payment of the costs of reproduction,
obtain copies of the proposed Procedures at the office of the City Clerk of the City of Lodi,
City Hall, 221 West Pine Street, Lodi, California.
Interested persons may submit written comments addressed to the City Council of the City
of Lodi c/o City Clerk, at 221 West Pine Street, Lodi, California 95240 at, or prior to, the
public hearing.
At the time and place noted above, all persons interested in the matter may appear and be
heard.
Susan J. Blacksto�t'
City Clerk
Dated: August 22, 2001
A as to form:
Randall A. Hays
City Attorney
JACITYCLR"0RWNatRDA.dm 8!22101
September 5, 2001
Mayor and Members of the City Council
City Hall
221 W. Pine Street
Lodi, CA 952409
RE: CONFLICT OF INTEREST DISCLOSURE
In accordance with California Health and Safety Code Section 33130 (a), this statement
is being made to disclose that I, Susan Hitchcock, have an indirect interest in real
property (owned by my husband (Ferry Glenn) at the following addresses, which are
located in the area of Redevelopment Project No. 1:
1. 326 E. Pine Street, 6 unit court
2. 240 E. Vine Street, 6 unit apartment complex
3. 616 N. School Street, house and 4-plex
4. 301 E. Maple Street, four units
Note: Ferry Glenn owns an undivided half interest in a# four properties as his sole and separate
property. All were owned by him before our marriage in 1995 and my election to the City Council in 1998.
Property #3 is presently in escrow, property #2 is on the market and an offer is being negotiated, property
#4 was sold in 1996, however, Mr. Glenn is carrying a note on the property.
By virtue of the above indirect interest in real property the provisions of Title 2,
California Code of Regulations Section 18704.2 (a)(4) require that I abstain from voting
on the following items on the September 5, 2001 City Council agenda:
G-1 Public Hearing to consider adopting a resolution approving the procedures for the
election of members to redevelopment project area committees in the City of Lodi
1-1 Adopt resolution approving procedures for the formation of a project area
committee for the Lodi Redevelopment Project No. 1
(Redevelopment Agenda Agency)
K-1 Adopt resolution accepting the preliminary plan for Redevelopment Project No. 1
Sincerely,
Susan Hitchcock
City Council Member
cc: City Manager
City Attorney
City Clerk