Resolution - 8929RESOLUTION NO. 8929
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA AFFIRMING THE MEMBERSHIP OF THE PROJECT AREA
COMMITTEE AND ADOPTING BYLAWS FOR THE PROJECT AREA
COMMITTEE
• WHEREAS, the Redevelopment Agency of the City of West Covina ("the Agency")
has initiated proceedings to merge and amend the Eastland and Central Business
District Redevelopment Plans (the "Plan Amendment/Merger") and to amend the
Central Business District Plan (the "CBD Plan Amendment") with respect to the
extension of the power of eminent domain within Parcel D of the Central Business
District Project Area; and
WHEREAS, the California Community Redevelopment Law (the "Law") provides
for the City Council, as the legislative body of the City of West Covina, to call
upon the residential owner occupants, residential tenants, business owners and
community organizations in the existing and proposed project areas to form a
Project Area Committee ("PAC"); and
WHEREAS, the City Council has by Resolution No. 8916 on January 19, 1993
adopted procedures for the formation of the PAC; and
WHEREAS, pursuant to the Procedures for the Formation of the PAC, on
February 9, 1993, the opportunity was provided to residential owner occupants,
residential tenants, business owners, and representatives of existing community
organizations within the existing and proposed project areas to elect
representatives for membership on the PAC. The PAC membership resulting from the
election process is identified as Exhibit "A" to this resolution; and
WHEREAS, for the efficient and effective implementation of the
responsibilities and meeting requirement`s of the PAC, the City Council has caused
the preparation of governing rules for the PAC (herein the "Bylaws"), which
Bylaws are attached as Exhibit "B" to this Resolution.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA DOES HEREBY
RESOLVE AS FOLLOWS:
1. The City Council hereby accepts and ratifies the PAC membership
identified in Exhibit "A" in the existing and proposed project areas and as
elected on February 9, 1993 in accordance with the Procedures for the Formation
of a Project Area Committee adopted by the City Council on January 19, 1993.
2. The City Council hereby approves the Bylaws of the PAC set forth in
Exhibit "B" to this Resolution.
3. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 16th day of February , 1993.
ATTEST:
City Clerk
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I HEREBY CERTIFY that the foregoing Resolution No. 8929 was duly
adopted by the City Council of the City of West Covina at a regular meeting
thereof held on the 16th day of February , 1993, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Manners,
None
None
Wong
APPROVED AS TO FORM:
City Attorney
PAC107SE:2/93
Jennings, Herfert, McFadden
City Cle(/I-
PROJECT AREA COMMITTEE
REDEVELOPMENT PLAN AMENDMENT/MERGER
Elected
219193
BUSINESS OWNERS
JOSEPH BATTAGLIA
PETER BOWIE
MELVIN HENRY CAVANAUGH
ROBERT CHU
CHARLES KANTRIM
ARLETTE A. LYONS
BUSINESS OWNERSICED PARCEL I'D"
RAYMOND SANTOS
TIM VALLES
COMMUNITY ORGANIZATION
SUSAN HARVEY
E X H..I B I T " A"
EXHIBIT " B "
V
OF THE
PROJECT AREA COMMITTEE
•
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BYLAWS OF THE PROJECT AREA COMMITTEE
Table of Contents
ARTICLE I - THE COMMITTEE
Section 1. Purpose
Section 2. Definitions
Section 3. PAC Membership
A. Categories
B. Vacancies in Membership Categories
C. Terms of Members
D. Addition of Members
Section 4. Election Process
A. Initial Members
B. Subsequent Elections
Section 5. Termination of Membership
Section 6. Removal of Members
Section 7. Resignation
Section 8. Filling of Vacancies on PAC
Section 9. Compensation of PAC Members
ARTICLE II - OFFICERS
Section
1.
Officers
Section
2.
Chairperson
Section
3.
Vice Chairperson
Section
4.
Secretary
Section
5.
Additional Duties
Section
6.
Election of Officers
Section
7.
Vacancies
Section
8.
Additional Staff and Resources
ARTICLE III - MEETINGS
Section
1.
Regular Meetings
Section
2.
Special Meetings
Section
3.
Adjourned Meetings
Section
4.
All Meetings to be Open and Public
Section
5.
Quorum and Motions
Section
6.
Unexcused Absences
Section
7.
Order of Business
Section
8.
Resolutions
Section
9.
Minutes
Section
10.
Rules of Order
Section
11.
Committee Reports
Section.12.
Presentations Before the PAC
Section
13.
Decorum
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ARTICLE IV. - REPRESENTATION BEFORE PUBLIC BODIES
ARTICLE V - SUBCOMMITTEES
Section 1. Establishment
Section 2. Appointment of Members
Section 3. Officers and Meetings
Section 4. Subcommittee Reports
ARTICLE VI - AMENDMENTS
ARTICLE VII - CONFLICTS OF INTEREST
ARTICLE VIII - ADHERENCE TO APPLICABLE STATE LAW
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BYLAWS OF THE PROJECT AREA COMMITTEE
BYLAWS
ARTICLE I - THE COMMITTEE
Section 1. Purpose
The Project Area Committee ("PAC") shall advise the West Covina City
Council and Redevelopment Agency with respect to those policy matters which deal
with the planning and provision of residential facilities or replacement housing
for those to be displaced by project activities.
The PAC shall also review the merger and amendment of the Eastland and
Central Business District Redevelopment Plans and may prepare a report and
recommendation for submission to the legislative body. A five member subset (the
"CBD PAC") of the larger (15 member) PAC has been created and will review and
advise the City Council with respect to the amendment of the Central Business
District, Parcel D. The CBD PAC will also share the responsibilities of the
larger committee with respect to the amendment and merger of the Eastland and
Central Business District Redevelopment Plans and other responsibilities
described under California Redevelopment Law (Health and Safety Code Section
33386).
Section 2. Definitions
For the purposes herein:
1. . "Added Area" means that property proposed to be added to the Project
Area by Resolution No. 12-92-4123 of the Planning Commission, as shown on the
Project Area Map attached hereto as Exhibit "A" and incorporated herein by this
reference.
2. "Agency" means the City of West Covina Redevelopment Agency, a public
body corporate and politic, which exercises powers as a redevelopment agency
under California Community Redevelopment Law, Health and Safety Code Section
33000, et seg. (the "Act").
3. "Amended Project" means the "Project" as proposed to be amended
pursuant to the Preliminary Plan adopted by the City Planning Commission by
Resolution No. 12-92-4123 on December 8, 1992.
4. "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").
5. "Business Owner" means a Person who owns a business or is an
authorized representative (as further described in Section 502 of the document
"Procedure for the Formation of the PAC) of a business located within the Project
Area and as defined in paragraph 4 above.
6. "City" means the City of West Covina, California, a municipal
corporation.
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7. "City Council" means the City Council of the City, exercising powers
as the legislative body under the Act.
8. "Existing Community Organization" means any nonprofit association of
Persons organized for religious, entrepreneurial, scientific, educational,
literary or other purposes, which conducts its regularly scheduled meetings
within the boundaries of the Project Area and uses an address located within the
Project Area for its office or headquarters.
9. "Existing Area" means that portion of property located within the
existing Project Areas, as shown on the Project Area Map attached hereto as
Exhibit "A."
10. "Person" means, but is not limited to, an individual, household,
family, proprietorship, partnership, business trust, joint venture, syndicate,
corporation or association.
11. "Project Area" means the Existing Area and the Added Area.
12. "Project Area Committee" or "PAC" means the committees formed and
selected in accordance with Section 33385, et seq. of the Act and the procedure
set forth in the document "Procedure for the Formation of the PAC.
13. "Larger Project Area Committee" or "Larger PAC" means the fifteen -
member committee which has been formed with respect to the amendment/merger of
the Eastland and Central Business District Redevelopment Plans.
14. "CBD Project Area Committee" or "CBD PAC" means the five -member
committee which is a subset of the Larger PAC and has been formed with respect
to the amendment of the CBD Redevelopment Plan relating to the extension of the
time frame for the use of eminent domain within Parcel D of the Central Business
District.
15. "Resident" means a Residential Owner -Occupant or Residential Tenant.
16. "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.
17.- "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.
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18 The term "of the PAC" shall mean the members of the PAC approved by
the City Council pursuant to Health and Safety Code Section 333825(d) and does
not include, for purposes of calculating a quorum or majority, the PAC seats that
have not been filled. For example, the phrase "majority of the PAC" shall mean
a minimum of fifty percent plus one of the PAC members approved by the City
Council. If there are eight members of the PAC present and eligible to vote, a
majority would be five votes. A majority of the entire PAC (or CBD PAC) shall
constitute a quorum.
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Section 3. PAC Membership
A. Categories
The PAC shall be composed of fifteen (15) members which shall comprise
the Larger Project Area Committee which has been formed pursuant to the
amendment/merger of the Eastland and Central Business District Redevelopment
Plans. Five members of the Larger Project Area Committee (Larger PAC) shall also
meet as a separate Project Area Committee (CBD PAC) which shall take action on
matters relevant to the separate amendment of the Central Business District
Redevelopment Plan. The Larger Project Area Committee and the CBD PAC shall
include the number of representatives listed in each of the following categories:
Category
Residential Owner/Occupant
Residential Tenants
Business Owner
Existing Organization
Total
Number of Representatives
CBD PAC Larger PAC*
0
2
2
3
2
8
1
2
5
15
*Includes representative(s) noted in CBD PAC
Vacancies in Membership Categories -- Adjustment of Composition of
PAC ,
If 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 by the City Council pursuant to Section 8
herein.
C. Terms of members
The terms of all initial and subsequently appointed PAC members shall
expire upon the date which is three (3) years after the City Council's adoption
of the redevelopment plan for the Amended Project. Such terms may be extended
upon resolution of the City Council.
Addition of Members
In the event that future amendments to the Redevelopment Plan are
proposed which would expand the territory included in the Project Area, the
membership of the PAC shall be expanded as determined necessary by a resolution
of the City Council.
Section 4. Election Process
A. Initial Members
The initial members of the PAC shall be elected in the manner set
forth in the "Procedure for Formation of the Project Area Committee," which was
adopted by the City Council by Resolution No. 8916 on January 19, 1993.
CJ
it
Subsequent Elections
In the event that the number of PAC members is expanded, such
additional PAC members shall be elected in the manner set forth in the previously
cited procedure.
Section 5. Termination of Membership
Membership in the PAC shall automatically terminate in the event that:
1) The member is not a Residential Owner -Occupant, a Residential
Tenant, a Business Property Owner, or a member of an Existing
Community Organization residing, established and doing business, or
located within the Project Area; or
2) The member shall have been absent from the number of PAC meetings
specified in Article III, Section 7.
Section 6. Removal of Members
An ineligible member shall immediately resign from the PAC in accordance
with the procedures set forth in Article I, Section 7. Should an ineligible
member fail to resign, removal of that ineligible member may be effected and a
member may be removed by a vote of at least two thirds (2/3) of the PAC if, after
a hearing, it is found and determined that any one of the grounds for termination
specified in Article I, Section 5, exists.
Section 7. Resignation
Any PAC member may resign at any time by giving written notice to the
Chairperson. Any such resignation will take effect upon receipt or upon any date
specified therein. The acceptance of such resignation shall not be necessary to
make it effective.
Section 8. Filling of Vacancies on PAC
In the event a vacancy occurs on the PAC by reason of death, resignation,
removal, or lack of nominees, such vacancy shall be filled by appointment by the
City Council by a majority vote of the quorum eligible and qualified to vote.
New members so selected shall meet the qualifications set forth in the procedure
referenced in Article I, Section 3. Members selected by the City Council shall
serve the unexpired portion of the term of the PAC member who has vacated his or
her PAC membership. The City Council shall announce the vacancy at a regular
City Council meeting prior to the City Council's selection at a subsequent
regular City Council meeting. Persons interested in being considered for
appointment to a vacancy on the PAC may submit PAC applications to the City
Clerk's office at any time. Applications will be maintained on file at the City
Clerk's office for a period of two (2) years..
Section 9. Compensation of PAC Members
The members of the PAC shall serve without compensation.
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ARTICLE II - OFFICERS
Section 1. Officers
The officers of the PAC shall consist of a Chairperson, a Vice Chairperson,
and a Secretary, and shall be elected in the manner set forth in this Article II.
Section 2. Chairperson
The Chairperson shall preside at all meetings of the PAC, and shall submit
such agenda, recommendations, and information at such meetings that are
reasonable and proper for the conduct of the business affairs and policies of the
PAC. The Chairperson shall sign all resolutions, approved minutes, and other
legal documents of the PAC. The Chairperson shall annually prepare a report on
the PAC's activities and shall file such report with the Agency after such report
has been approved by the PAC.
Section 3. Vice Chairperson
The Vice Chairperson shall perform the duties of the Chairperson in the
absence or incapacity of the Chairperson. In the event of the resignation,
death, or removal of the Chairperson, the Vice Chairperson shall assume the
Chairperson's duties until such time as the PAC shall elect a new Chairperson.
Section 4. Secretary
The Secretary shall keep the records of the PAC, shall act as secretary of
the meetings of the PAC, shall record all votes, and shall keep a record of the
meetings in a journal of proceedings. The Secretary shall attest to and/or
countersign all resolutions, approved minutes, and other legal documents of the
PAC.
Section 5. Additional Duties
The officers of the PAC shall perform such other duties and functions as
may from time to time be required by the PAC, these Bylaws, or other rules and
regulations, which duties and functions are incidental to the office held by such
officers.
Section 6. Election of Officers
The Chairperson, Vice Chairperson and Secretary shall be elected by a
majority vote of the members of the PAC present and eligible to vote. Such
officers of the PAC shall, hold office for one year or until their successors are
elected and qualified. An officer shall not be prohibited from succeeding
himself or herself in office. An officer may be removed from the office held,
by a two thirds (2/3) vote of the PAC.
Section 7. Vacancies
Should the offices of the Chairperson, Vice Chairperson, or Secretary
become vacant, the PAC shall elect a successor from among the PAC members at the
next regular or special meeting, and such office shall be held for the unexpired
term of said office.
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Section 8. Additional Staff and Resources
The PAC may recommend to the City Council that funds or equivalent
resources be allocated for operation of the PAC as necessary for the purposes set
forth in Article I, Section 1 hereof and as determined necessary by the City
Council. The PAC shall not recommend or use any appropriated funds or resources
for the purpose of litigation, other than litigation to enforce or defend the
rights of the PAC under the California Community Redevelopment Law.
ARTICLE III - MEETINGS
Section 1. Regular Meetings
The PAC shall establish a regular monthly meeting date. In the event that
the regular meeting date shall be a legal holiday, then any such regular meeting
shall be on the next business day thereafter ensuing that is not a legal
holiday. Notice of all regular meetings and the agenda for such meetings shall
be posted in the City Hall in accordance with the Brown Act (Gov. Code §54950 et
sec.). At such meetings, no business other than that designated in the posted
agenda shall be considered unless such added item meets the criteria set forth
in the Brown Act.
Section 2. Special Meetings
Special meetings may be held upon call of the Chairperson, or of the
majority of the membership of the PAC, for the purpose of transacting any
business designated in the call, after notification of all members of the PAC by
written notice personally delivered or by mail at least five (5) days before the
time specified in the notice for a special meeting. The notice of the special
meeting shall also be mailed to each newspaper of general circulation, radio, and
TV station that had previously requested in writing to receive such notice.
Additionally, the Secretary shall be responsible for the posting of said notice
publicly in City Hall at least five (5) days prior to the time specified in the
notice for the meeting. At such special meeting, no business other than that
designated in the noticed agenda shall be considered. The five- (5) day notice
requirement is expressly set forth as a modification to the notice time for
special meetings set forth in Government Code Section 54956.
Section 3. Aflourned Meetings
Any meeting of the PAC may be adjourned to an adjourned meeting without the
need for notice requirements of a special meeting provided the adjournment
indicates the date, time, and place of the adjourned meeting. PAC members absent
from the meeting at which the adjournment decision is made shall be notified by
the Secretary of the adjourned meeting.
Section 4. All Meetings to be Open and Public
All meetings of the PAC shall be open and public to the extent required by
law. The PAC shall not meet in closed session except as provided for under the
Brown Act. All persons shall be permitted to attend any such meeting except as
otherwise provided by law.
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Section 5. Quorum and Motions
The powers of the PAC shall be vested in the members thereof in office from
time to time. A majority of the PAC membership shall constitute a quorum for the
purpose of conducting the PAC's business, exercising its powers and for all other
purposes, but less than a majority of the PAC membership may adjourn the meeting
from time to time until a quorum is obtained. An affirmative vote by a majority
of the PAC which is present shall be required for approval of any question
brought before the PAC.
Section 6. Unexcused Absences
If a member shall be absent without the approval of the PAC from three (3)
consecutive meetings, whether regular or special, or from four (4) meetings
within six (6) calendar months, such absence shall effect the termination of
membership of the absent member. Such member's absence may be approved if, prior
to the meeting from which said PAC member will be absent, said member notifies
the Chairperson or other officer of his or her intent to be absent and the
reasons therefor. At each meeting, after the roll has been called, the
Chairperson or other officer shall report to the PAC the name of any member who
has so notified him or her of his or her intent to be absent and the reason for
such absence. The PAC shall then take action to formally approve or disapprove
of such absence of the subject member.
Section 7. Order of Business
Pac:
The following shall be the order of business at regular meetings of the
1) Call to Order and Roll Call and Approval of Absences
2) Approval of Minutes of Previous Meeting
3) Communications/Announcements
4) Reports
5) Old Business
6) New Business
7) Public Comment and Community Questions (3 minutes per speaker. The
Chairperson shall have the authority to extend the time limit.)
8) PAC Member Comments/Request for Future Agenda Items
9) Adjournment
Section 8. Resolutions
Resolutions of the PAC shall be in writing and shall be designated by
number, reference to which shall be inscribed in the Minutes of the meetings at
which they are approved. Resolutions shall indicate those members voting for`and
against the resolution and those members abstaining and absent. Approved
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resolutions shall be filed in the official book of resolutions of the PAC, which
shall be kept by the Secretary of the PAC.
Section 9. Minutes
A written summary of the PAC meeting shall be prepared ("Minutes"). Copies
of the Minutes of each PAC meeting shall be made available to each member of the
PAC and the Agency three (3) working days prior to the next scheduled meeting.
Approved Minutes shall be filed in the official book of Minutes of the PAC.
Section 10. Rules of Order
Except as provided in these Bylaws, all business and matters before the PAC
shall be transacted in conformance with Robert's Rules of Order (Newly Revised
Edition).
Section 11. Committee Reports
Oral and written reports.of the PAC, excluding resolutions adopted by the
PAC, shall include a report of the position of the minority of the PAC as well
as the majority. When applicable, an indication of the relative size of the
majority and the minority for each such report shall be included within the
report.
Section 12. Presentation Before the PAC
A. Manner of Addressing the PAC; Time Limit
Persons addressing the PAC shall step up to the microphone at the
podium, give their name and address in an audible tone of voice for the record
(spelling their last name) and, unless further time is granted by the
Chairperson, limit their comments to five (5) minutes. All remarks shall be
addressed to the PAC as a body and not to any individual member thereof.
B. Spokesperson for Group
Whenever a group of persons wishes to address the PAC on the same
subject matter, it shall be proper for the Chairperson to request that a
spokesperson be chosen by the group to address the PAC, and in case additional
matters are to be presented at the time by any other member of said group, to
limit the number of persons addressing the PAC so as to avoid unnecessary
repetition. The Chairperson may interrupt a witness and instruct the witness to
redirect his or her remarks or cause termination of the remarks when the comments
are repetitions or not relevant to the matter before the PAC.
Section 13. Decorum
A. By PAC Members and Staff
While the PAC is in session, the PAC members must preserve order and
decorum. No PAC member or staff member shall, by conversation or otherwise,
delay or interrupt the proceeding or disturb any other PAC member or staff member
or member of the public who is speaking, or refuse to obey the orders of the
Chairperson, except as otherwise provided in these Bylaws.
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B. By the Public
Any person addressing the PAC shall do so in an orderly manner and
without threats or any attempt to intimidate the PAC. No one in the audience
shall yell, whistle, stamp feet, or otherwise engage in demonstrations. Persons
who substantially impair or disturb a PAC meeting by committing acts in violation
of these Bylaws or other applicable regulations or laws, or the implicit customs
and usages governing the conduct of PAC meetings, shall be advised of such
violation and requested to curtail such acts by the Chairperson. If, after such
advice and request, such person(s) refuses to curtail such acts, the Chairperson
may call for the presence of a peace officer and may cause any such peace officer
to eject any such person(s) from the meeting. Such person(s) may also be subject
to arrest. In the event the meeting is interrupted so as to render the orderly
conduct of such meeting infeasible, and order cannot be restored, the PAC may
order the room cleared and then continue in session.
ARTICLE IV - REPRESENTATION BEFORE PUBLIC BODIES
Any official representations on behalf of the PAC before the Agency, the
City Council, or any other public body shall be made by the Chairperson, the Vice
Chairperson in the Chairperson's absence, or a member of the PAC specifically so
designated by the PAC.
ARTICLE V - SUBCOMMITTEES
Section 1. Establishment
The PAC may establish subcommittees as necessary to accomplish the purposes
set forth in Article I, Section 1, of these Bylaws.
Section 2. Appointment of Members
Members of a subcommittee shall be appointed by the Chairperson of the PAC
with the approval of the PAC.
Section 3. Officers and Meetings
Subcommittee chairpersons shall be designated by the Chairperson of the PAC
from among the PAC members appointed to the subcommittee. Subcommittees may
,elect other officers as necessary and, in conformity with these Bylaws, shall
establish the date, time, and place for meetings to conduct the subcommittee's
business. These Bylaws shall be the Bylaws for such subcommittees.
Section 4. Subcommittee Reports
From time to time, subcommittees shall submit written reports to the PAC,
which reports summarize the subcommittee's activities,findings, and/or
recommendations on matters for which the subcommittee was established.
ARTICLE VI - AMENDMENTS
The Bylaws of the PAC may be amended upon the affirmative vote of at least
two-thirds (2/3) of the PAC at a duly noticed and agendized regular or special
meeting, but no such amendment shall be adopted unless first approved by the City
Council at a regular meeting by a majority vote of the quorum of members eligible
E
and qualified to vote. ,Notice of a proposed amendment shall identify the section
or sections of the Bylaws proposed to be amended.
ARTICLE VII - CONFLICTS OF INTEREST
All members of the PAC, CBD PAC, and all subcommittees formed in accordance
with these Bylaws, shall adhere to all applicable laws and regulations pertaining
to conflicts of interest, including but -not limited to the Political Reform Act
(Gov. Code § 81000 et sec.) and regulations of the Fair Political Practices
Commission (2 C.C.R. § 18700 et sec.); Community Redevelopment Law (Health &
Safety Code § 33000 et sec.), including but not limited to Health and Safety Code
Section 33130; Government Code Section 1126 and the common law doctrine of
incompatible offices; and Government Code Section 1090 et sec.
ARTICLE VIII - ADHERENCE TO APPLICABLE STATE LAW
These Bylaws shall be subject to all applicable state laws, including but
not limited to the Brown Act (Gov. Code § 54950 et seq.), Political Reform Act
(Gov. Code § 81000 et seq.), and Community Redevelopment Law (Health & Safety
Code § 33000 et seq.). In the event of any conflict between these Bylaws and
applicable state law, applicable state law shall control, except where otherwise
expressly stated herein and as permitted by applicable state law.
PAC1003E:3/83
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