PAC - Procedure for Formation 199411
PROCEDURE FOR FORMATION AND
ELECTION
OF THE PROJECT AREA COMMITTEE
FOR THE
LA QUINTA REDEVELOPMENT PROJECT
MARCH 1994
TABLE OF CONTENTS
Page
I.
[100]
GENERAL .........................................
1
A.
[101] Purpose .......................................
1
B.
[102] Authority ......................................
1
C.
[103] Definitions .....................................
1
II.
[200]
PUBLIC MEETINGS ..................................
2
A.
[201] Meetings ......................................
2
B.
[202] Presentation of PAC to City Council .....................
3
III.
[300]
NOTICE OF MEETINGS, BEARINGS, AND PLEBISCITES ........
3
A.
[301] Publication of Opportunity to Serve ......................
3
B.
[302] Publication of Notice ...............................
3
C.
[303] Notice by Mail ...................................
3
D.
[304] Other Forms of Notice ..............................
4
E.
[305] Foreign Languages ................................
4
IV.
[400]
COMPOSITION OF PAC MEMBERSHIP .....................
4
A.
[401] Categories .....................................
4
B.
[402] Existing Community Organization/Appointment of Representative ...
5
C.
[403] Vacancies in Membership Categories -- Adjustment of Composition
of PAC; Succession ................................
5
V.
[500]
ELECTION PROCEDURE ...............................
5
A.
[501] PAC Applications .................................
5
VI.
[502] Eligibility Requirements for PAC Membership ...............
6
A.
[503] Voter Registration .................................
6
B.
[504] Candidate Speeches ................................
7
C.
[505] Voting Categories .................................
7
D.
[506] Balloting ......................................
7
E.
[507] Results/Runoffs..................................
8
F.
[508] Challenges/Validity ................................
8
VII.
[600]
SPECIAL PROVISIONS ................................
8
A.
[601] Compensation of PAC Members ........................
8
B.
[602] Amendment of Procedure ............................
8
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EXHIBITS
EXHIBIT "A" Project Area Map
EXHIBIT "B" PAC Application
PJ
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PROCEDURE FOR FORMATION AND ELECTION
OF THE PROJECT AREA COntIITTEE
FOR THE REDEVELOPMENT PLAN FOR THE
LA QUINTA REDEVELOPMENT PROJECT
I. [1001 GENERAL
A. [1011 Purpose
The purpose of this document is to set forth a procedure for formation of a project
area committee (the "PAC") for the La Quinta Redevelopment Project (the "Project" or "Project
No. 1"). Section 33385 of the Community Redevelopment Law (California Health and Safety
Code §§ 33000 et sM., herein, the "Act") provides for the establishment by the City Council of
the City of La Quinta of a procedure for formation of the PAC and for the community wide
election of PAC members. The procedure established herein shall be used to govern formation
and election of the PAC.
B. [1021 Authority
This procedure was approved and adopted on March 15, 1994 by Resolution
No. 94-26 of the City Council of the City of La Quinta.
® C. [1031 Definitions
For the purposes herein:
1. "Agency" means the La Quinta Redevelopment Agency, a public body,
corporate and politic, which exercises powers as a redevelopment agency under the Act.
2. "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 (a "Manufacturing
Business"); or (iii) the sale of services to the public (a "Service Business"). Business includes
any Business Property Owner, Large Business Owner or Small Business Owner as those terms
are hereinafter defined.
3. "Business Property Owner" means a Person who owns the real property in
the Project Area, who does not use the real property for his primary residence. Such real
property includes residential non -owner occupied property, industrial property, retail property,
and other commercial property.
4. "City" means the City of La Quinta, California, a municipal corporation.
5. "City Council" means the City Council of the City, exercising powers as
the legislative body under the Act.
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6. "Existing Conununity 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 Project
Area and uses an address located within the Project Area for its office or headquarters.
7. "Large Business Owner" means a Business (as defined in paragraph 2
above) having more than twenty (20) employees who are employed and work within the Project
Area.
8. "Person" means, but is not limited to, an individual, household, family,
proprietorship, partnership, business trust, joint venture, syndicate, corporation or association.
9. "Project Area" or "Project Area No. 1" means the redevelopment project
area established by Ordinance No. 43 of the City as more particularly shown on the Project Area
Map attached hereto as Exhibit "A".
10. "Project Area Committee" or "PAC" means the committee formed and
selected in accordance with Section 33385, et seq. of the Act and the procedure set forth herein.
11. "Project No. I" or the "Project" means the La Quima Redevelopment
Project as adopted by Ordinance No. 43 of the City.
12. "Resident" means a Residential Owner -Occupant or Residential Tenant.
13. "Residential Owner -Occupant" means a Person who owns a dwelling unit
in the Project Area and occupies such dwelling unit as the Person's permanent residence and
usual place of abode.
14. "Residential Tenant" means a Person who rents a dwelling unit in the
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 ninety (90) days prior to the submittal of a
completed PAC application as described in Section 501 herein.
15. "Small Business Owner" means a Business (as defined in Paragraph 2
above) having at least one (1), but not more than twenty (20) employees who are employed and
work within the Project Area.
II. [2001 PUBLIC MEETINGS
A. [201] Meetings
The Agency shall conduct at least one public meeting to explain the establishment
and function of the PAC, and the opportunity to serve on the PAC. The informational meeting
may be conducted at the same time of, immediately prior to, or at a separate time for the meeting
of the PAC at which the PAC is to elect its members. It is contemplated that such election will
take place at the same time and place as the informational meeting. Such meeting shall be held
in the Project Area. At such meeting the Agency shall distribute and make available to each
attendee: (i) a copy of Article 6.5 of the Act (Sections 33385-33398); (ii) a copy of Sections
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33347.5 and 33366 of the Act; (iii) a copy of this procedure; (iv) the pertinent portions of the
existing Redevelopment Plan and a description of the proposed amendment; (v) applications for
PAC membership; and (vi) any other materials the Agency determines would be useful.
It is contemplated that the: PAC will form and elect its members on April 20,
1994, in accordance with the process more particularly set forth in Section 500, et seq. herein.
B. [202] Presentation of PAC to City Council
The Agency shall present the results of the PAC Election to the City Council at
the first 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 508 of this Procedure.
I1I. [300] NOTICE OF MEETINGS, HEARINGS, AND PLEBISCITES
The Agency shall publish notice of all meetings, hearings, or plebiscites conducted
by the Agency or the City Council relative to the formation and selection of the PAC, and the
opportunity to serve on the PAC.
A. [301] Publication of Opportunity to Serve
Ah
MW The Agency 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 Project 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 Agency 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, 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 Agency shall mail written notice to all Residents, Businesses and Existing
Community Organizations in the Project Area of all meetings, hearings or plebiscites conducted
Ask by, or on behalf of, the Agency or the City Council relative to the formation and selection of the
qV PAC (following the approval of this Procedure). This mailed notice requirement shall only apply
if mailing addresses of all Residents, Businesses, Existing Community Organizations, or of all
Pusu11603_ 114241132338.0 3 03/18/94
occupants, are obtainable by the Agency 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 Agency 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 Agency has acted in good faith to comply with the notice requirements of
this Section 303, the failure of the Agency to provide the required notice to Residents or
Businesses 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.
D. [3041 Other Forms of Notice
In addition to the notice required by Sections 301, 302 and 303, the Agency 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 Agency determines that such translation is necessary to effectively
publicize the opportunity to serve on the PAC and participate in the formation and selection of
the PAC.
IV. [400) COMPOSITION OF PAC 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:
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.
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Category
Residential Owner -Occupant
Residential Tenant
Business Property Owner
Small Business Owner
Large Business Owner
Existing Community Organization
Total:
Number of Representatives
2
2
1
1
1
2
9
B. [402] Existing Community Organization/Appointment of Representative
Each Existing Community Organization elected to serve on the PAC pursuant to
Part V. of this Procedure 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 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.
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 which 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 Agency office, which application must be received by the Agency prior to the PAC Election.
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 informational meeting described in Section 201 above, and at the Agency office
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5
03/18/94
prior to such meeting. The Agency office is located at 78-495 Calle Tampico, Office of the
Agency Secretary (City Clerk), La Quinta, California 92253; (619) 777-7000.
VI. [502] 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:
1. Residential Owner -Occupant: Recorded grant deed or property tax bill.
2. Residential Tenant: Executed rental agreement or rent receipt.
3. Business Property Owner: Recorded grant deed or property tax bill.
4. Small Business Owner: Business license issued by State of California or
City and a list of employees at such Business.
5. Large Business Owner: Business license issued by the State of California
or City and a list of employees of such Business.
6. Existing Community Organization: Each of the following: (i) proof of
existence of the organization as of the time of the initial meeting of the PAC, (ii) proof of
existence and operation within the Project Area, such as articles of incorporation, bylaws or
business license, and (iii) a resolution of the board of directors or Chairman of such organization
authorizing a Person to act on its behalf.
A. [503] Voter Registration
Anyone desiring to vote at the PAC Election must register prior to the PAC
Election by providing satisfactory evidence to the Agency that he or she is (1) at least eighteen
(18) years of age or older and (2) is a Residential Owner -Occupant or Residential Tenant in the
Project Area, or is the authorized representative of a Business or Existing Community
Organization within the Project Area. Only one person 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:
1. California Driver's License
2. California Identification Card or Military Identification
3. Rental agreement Is
PusLA 1603_114241132338.0 6 03/18/94
® 4. Rent receipt
5. Grant Deed to real property
6. Property tax bill
7. Business license issued by the State of California or City
8. Utility bill
9. Voter registration
10. Resolution of or Letter from Business
11. Resolution of Existing Community Organization
B. [5041 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 five (5)
minutes is established for each 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. [505] Voting Categories
Each voter may cast ballots for representatives of that voter's PAC membership
category, including all subcategories within such membership category. Voters who have
qualified to vote as Residential Owner -Occupants shall be entitled to vote for representatives of
the Residential Owner -Occupant category. Voters who have qualified to vote as Residential
Tenants shall be entitled to vote for representatives of the Residential Tenant category. Voters
who have qualified to vote as representatives of Businesses shall be entitled to vote for
representatives of the Business Property Owner, Small Business Owner, and Large Business
Owner subcategories. Voters who have qualified to vote as representatives of Existing
Community Organizations are entitled to vote for that category only.
D. [5061 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 Businesses ballot, and an
Existing Community Organizations ballot. Voting shall be conducted by secret ballot. The
Agency shall appoint authorized election assistants to collect and tally the ballots. The Agency
shall ensure secrecy of the ballot by requiring each ballot to be folded and passed to an
authorized election assistant. 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.
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E. [5071 Results/Runoffs
The Agency 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, the Agency shall announce that the results and ballots shall be
maintained by the Agency for presentation to the City Council.
F. [508] Challenges/Validity
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) days
following the PAC Election. The City Council shall consider all challenges so filed and will
determine the validity of those challenges within thirty (30) days following the PAC Election.
VII. [6001 SPECIAL PROVISIONS
A. [6011 Compensation of PAC Members
The members of the PAC shall serve without compensation.
B. [602] Amendment of Procedure
The procedure established herein may be amended from time to time by resolution
of the City Council.
11
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EXHIBIT "A"
PROJECT AREA MAP
Exhibit "A"
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03/18/94
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La Quinta Redevelopment Agency
REDEVELOPMENT PROJECT AREA NO. 1
Project Boundaries
ROSENO W SPEVACEK GROUP INC.
® EXHIBIT "B"
PROJECT AREA COMMITTEE APPLICATION
LA QUINTA REDEVELOPMENT PROJECT
STATEMENT OF INTEREST AND QUALIFICATIONS
(Please Print and Check the Appropriate Boxes)
(This Information Will Be Made Available To
Voters Before The Election)
To the City Council of the City of La Quinta:
(Name: PLEASE PRINT)
would like to volunteer to run for election to the La Quinta Redevelopment Project Project Area
Committee at the election meeting to be held on April 20, 1994.
I would like to be elected as a representative for the following category:
[CHOOSE ONE ONLYI
[_] Residential Owner -Occupant
[_] Residential Tenant
[_J Business Property Owner
[_] Small Business Owner
L_J Large Business Owner
[_1 Existing Community Organization
I CERTIFY THAT, WITHIN THE LA QUINTA PROJECT AREA BOUNDARIES:
1. I am a Residential Owner -Occupant because I own and reside in residential
property located at the following address:
PUBL:11603_114241B2338.0
Exhibit "B"
Page 1 of 3
03/18/94
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. I reside at the following
address:
3. 1 am a Business Property_Owner because I own real property which is not my
residence. The name and address of the business is:
4. I am a Small Business Owner, or authorized representative of such Small
Business, which employs _ persons. The name and address of the business is:
5. I am a Large Business Owner, or authorized representative of such Large
Business, which employs _ persons. Thd name and address of the business is:
6. I am a member of an Existing Community Organization for either a service
club L], a church group Lj, a neighborhood organization L], or other community organization
L], which conducts its regularly scheduled meetings within and uses an address located within
the Project Area, and 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 my 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 me (and my
family and spouse, if applicable.) 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
PUBL:1 1603114241 B2338.0
Exhibit "B"
Page 2 of 3
03/18/94
•
Am certify under penalty of perjury under the laws of the State of California that the foregoing is true
WW and correct:
11
Date and Place Signature
Residence Address
Qualifying Address (Address of Residence/Business/ Existing Community
Organization -whichever is applicable)
Mailing Address
Daytime Telephone Number
Evening Telephone Number
To be eligible for Project Area Committee membership, this completed application must be
returned to and received by the La Quinna Redevelopment Agency, 78-495 Calle Tampico,
La Quinta, California, no later than 3:00 p.m. on April 20, 1994, or at the meeting of the PAC
at 7:00 p.m. on April 20, 1994, at the City Council Chambers, 78-495 Calle Tampico ,
La Quinta, California. Any applications received after those times will be put on file for
consideration for future Project Area Committee vacancies.
Exhibit "B"
PUBL:11603_114241 B2338.0 Page 3 of 3 03n8/94