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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 • • IP41 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 • S 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 • 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 • 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. • 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. i 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. • I 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. • r 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. • 5 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. • 6 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 7 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. 8 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 0 10