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HomeMy WebLinkAbout95-039 - Adopting Procedures for Santa Ana Project Area Committee Elections053 RESOLUTION NO. 95- 039 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING PROCEDURES FOR SANTA ANA PROJECT AREA COMMITTEE ELECTIONS WHEREAS, the City Council has called for the formation of project area committees for the Central City and Inter City Commuter Station Redevelopment Projects; and WHEREAS, subdivision (d) of Section 33385 of the Health and Safety Code of the State of California requires the legislative body of the community to adopt, after duly noticed public hearing, communitywide procedures for filing for election, publicizing an election, holding an election, and for reviewing disputed elections, filling vacated seats, and other matter related to the electoral process of a project area committee; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA that those certain "Procedures for Santa Ana Project Area Committee Elections," attached hereto as Exhibit A, are hereby approved and adopted. ADOPTED this 7th ATTEST: ~o~nc~ /" day of August , 1995. ~/ Mayor COUNCILMEMBERS: Pulido Ave Richardson Ave Espinoza Sye Lutz Aye McGuigan Aye Mills Aye Moreno Aye APPROVED AS TO FORM: City Attorney O6O CERTIFICATE OF ORIGINALITY & PUBLICATION State of California County of Orange I, IANICE C. GUY, Clerk of the Council, do hereby certify the attached Resolution ~,~"-' O.~ t~ to be the original resolution adopted by the City Council of the City of Santa Aha on Date: ~/, /~ ~K'" / / - Clerk of the co~i&-~/ City of Santa Ana ~ / 081 PROCEDURES FOR SANTA ANA PROJECT AREA COMMITTEE ELECTIONS I. PURPOSE The purpose of these Procedures for Santa Aha Project Area Committee Elections (these "Election Procedures") is to provide a uniform manner for conducting Santa Aha Project Area Committee ("PAC") elections. The primary goal in adopting these Election Procedures is to ensure that the community of residents, business- es, owners and community organizations within the Project Area is aware of and has the opportunity to participate in the PAC process, and has confidence in the results of the election and thus confidence in the PAC itself. The procedures set forth in this memorandum are designed to be used in all PAC elections. These Election Procedures shall apply to PAC members who are representa- tives of existing community organizations only as provided in Section II. DEFINITIONS "Business" means a business which carries on any lawful activity for the manufacture, processing, or marketing of products, commodities, or any other personal property, or for the sale of such products, commodities, personal property or services to the public, from a facility within the Project Area. "Business owner" means a person who has a substantial ownership interest in a Business, or who holds a management position with a Business, or who has been authorized by the Business to represent a Business at the PAC election. A "business owner" may be either an owner or a tenant of the land or buildings where the business is located. "Categories" means the various types of memberships on the PAC, which are'as follows: residential owner occupants, residential tenants, business owners, and existing organizations. "Existing community organization" means those existing nonprofit, nongovernmental corporations or associations which have been designated by the city Council as entitled to appoint representatives to the PAC. "Resident" means any person who owns, leases or rents a residential dwelling unit within the Project Area and occupies the same as his or her principal res.idence. "Residential owner occupant" means any resident who owns or a substantial fee interest in the dwelling unit within the project area which he or she occupies. all EXHIBIT A RESOLUTION 95-039 "Residential tenant" means any resident who occupies his or her dwelling unit within the project area by right under a lease, sublease or rental agreement, III. ADVERTISING THE ELECTION The procedures set forth in this section are designed to notify as many people as reasonably possible of the upcoming election. These Election Procedures should be viewed as basic directives which may be supplemente~ in appropriate circumstanc- es. In order to give the community ample time to prepare for these meetings, it is contemplated that the election process entail at least two regular consecutive PAC meetings: one to discuss procedures (the "Election Procedures Meeting") and one to hold the actual election (the "Election Meeting") . Notification procedures as set forth below should be initiated at least 30 days before the Election Meeting and at least 10 days in advance of the Election Procedures Meeting. Notice should be published in a local newspaper of general circulation at least ten (10) days prior to the ElectionProcedures Meeting. Agency staff should obtain appropriate proofs of publication or other documentation verifying the publication of the adver- tisements. Written notice of the two meetings should be mailed to all residents, businesses, and property owners within the Project Area at least ten (10) days in advance of the Election Procedures Meeting. The written notice to residents and businesses should be mailed first class mail but may be addressed to "Occupant". The written notice to property owners should be mailed by first class mail to the addressees shown on the mos~ reoent assessor's list. Appropriate Declarations of Mailings should be prepared and executed documenting the mail- ings. A sample Declaration of Mailing is attached as Exhibit 1. If the Agency determines that it cannot obtain the mailing addresses for written notice at a reasonable cost, the Agency may forego this form of notice but should adjust the frequency and/or the content of other forms of notice so as to mitigate the practical effect of not mailing written notice. Both published and mailed notices should include the following with regard to both the Election Procedures Meeting and the Election Meeting: ESOLUT O 9 -0 9 053' De 1) the fact that meetings will be held; 2) the purpose of the meetings; 3) the date, time and place of the meetings; 4) the categories of the memberships available for election; 5) a brief description of the function of the PAC; 6) information regarding the Agency and the Redevelopment Project Area; 7) a brief description of the required proof regarding eligibility requirements, and the fact that failure to provide the proof by the time of the election will prevent participa- tion; a statement that an information package in- cluding the Redevelopment Plan, the PAC For- mation Procedures, Candidate Qualification Forms, Voter Qualification Forms and other information useful to persons interested in participating in the election process, is available at the offices of the Community Development Agency of the City in City Hall; 9) the name and telephone number of a person to call for further information; and 10) a statement encouraging the public to attend the meetings and participate in the election process. An information package should be available for review and distribution at the offices of the Community Development Agency. The information package should include: (1) a copy of the Redevelopment Plan; (2) a copy of the proposed amendment to the Redevelopment Plan; (3) a sample "Candidate Qualification Form" (clearly marked as a sample); (4) a sample "Voter Qualification Form" (clearly marked as a sample); (5) a copy of these Election Procedures; and (6) any other information Agency staff determines might be helpful to the community in participating in the election process. The name of the person to call listed in the notices should be that of the Community Development staff person designated as responsible for the meetings (the 064 RESOLUTION 95-039 "Election Administrator"). Each caller should be informed of the availability of the information pack- age, and should receive courteous answers to all ques- tions. IV. ELECTION PROCEDURES MEETING A. Informational Aspect of Meeting One basic purpose of the Election Procedures Meeting is to give the attendees sufficient information upon which to base a decision as to whether to become a candidate. This would include information regarding the Redevelopment Plan (e.g., the status of the Redevelopment Plan, the proposed amendments to the Redevelop- ment Plan and examples of activities that have been or will be undertaken in the Project Area) and the role of the PAC in the redevelopment process. Information regarding the types of issues the PAC might be considering and the time commitments required by PAC members should be available. After discussing the general role of the PAC, the categories of membership to be filled on the PAc and the qualifications for each category should be reviewed with the audience. An overview of the election process should be given, including the nature of documentation required for candidacy and voting, and any special timing or other rules. At this presentation, potential candi- dates should be informed of their opportunity to make a speech at the Election Meeting, as well as the approximate time limit for such speeches. B. Qualifying Candidates Once all questions have been answered regarding the role of the PAC and the qualification of candidates, interested'attendees should be handed Candidate Qualification Forms to fill out and turn in. Each candidate shall submit a completed Candidate Qualification Form to the Election Administrator prior to the election. The Candidate Qualification Form may be submitted immediately prior to the election; however, it should be ex- plained that any persons not returning the form to the Election Administrator at least ten days prior to the Election Meeting, and having their qualifications verified, may not have their names preprinted on the ballots. Interested persons may take the' Candidate Qualification ~orm with them to be returned prior to the Election Meeting. Candi- dates may turn in their forms and have their qualifications checked by the Election Administrator at the Agency's office if they have scheduled an appointment for that purpose; however, any persons turning in their forms to the Election Administrator less 4 than ten days prior to the Electio~ Meeting, and having their qualifications verified, may not have their names preprinted on the ballots. This procedure should be announced and encouraged at the Election Procedures Meeting. The attached Candidate Qualification Form should be used to qualify Candidates. The qualification criteria shall be used for qualifying both candidates and voters. Upon verifying qualifica- tions of the Candidate, the Election Administrator should fill out the "For Election Administrator Use Only" portion of the Candidate Qualification For~. Candidates shall not be required to be present at the Election Meeting to stand for election. C. Qualifying Voters Attendees should also be provided with a Voter Qualification Form. It should be explained that voters may prequalify by returning the Voter Qualification Form along with the required documentation to the Election Administrator prior to the election meeting. Those who have not prequalified may be qualified up to one hour before the commencement of the meeting. Prequalifica- tion of voters should also be encouraged. V. ELECTION MEETING The Election Meeting, like the Election Procedures Meeting, is open to all members of the public. A. Prior to the Commencement of the Election Meeting It should be made clear at both the Election Procedures Meeting and the Election Meeting that no "electioneering" or campaigning, such as the distribution of "slates" or other material, will be permitted during the Election Meeting~ or in the facility in which the election will be held or within 100 feet of such facility. Verbal candidate statements, made during the Election Meeting itself, are the only exceptions. Any voters who have not prequalified, as well as any Dersons who wish to be candidates but who have not yet submitted proof of eligibility, should be qualified during a period prior to the actual commencement of the Election Meeting. This will occur up to one hour immediately before the scheduled start of the meet- ing, depending upon the anticipated turnout. After all persons wishing to be candidates and/or voters have been through the qualification process, the names and categories of those candi- dates who qualified after the ballots were printed should be written clearly on a blackboard or other visual aid. 5 RESOLUTION 95-039 B. Introduction The Election Meeting should begin with a brief introduction by the Election Administrator as to the purpose of the meeting and an overview of the meeting agenda. Sufficient copies of the agenda should be available to allow the public to follow the sequence of events. C. Candidate Statements After a determination has been made concerning the q~.alifi- cations or lack thereof of all persons wishing to qualify as Candidates, each of the qualified Candidates should be permitted to give a short speech. The length of time permitted for each speech should be uniform and should be determined upon the number of candidates wishing to speak. A maximum time limit of 2 minutes is suggested. The Candidate speeches should be given by category. Upon the completion of speeches in a particular category, voting in that category should take place. D. Voting Procedures Voting shall be restricted by categories, e.g., only resi- dential owner occupants shall vote for the residential owner occupant category, only residential tenants shall vote for the residential tenant category, and only business owners shall vote for the business owner category. Any person eligible to vote or to be a candidate in more than one category must choose one category in which to run or vote. Proof of eligibility must be provided for the category chosen. The ballot (a sample of which is attached as Exhibit 3) should be color coded by category to aid voters and avoid confu- sion. Qualified voters must check in at the appropriate table to obtain a ballot. The inspector at the table will verify that the voter is qualified to vote, and upon verification the voter will sign the Roster of Voters and will be issued a ballot. Only one ballot will be issued to each qualified voter. The completed ballot should be folded, and submitted to the inspector at the appropriate table, to be placed in the ballot box by the election official. Only those persons who are present at the Election Meeting will be allowed to vote: no absentee or "proxy" voting will be allowed. Voters are not required to attend the entire meeting, although they shall be encouraged to do so. Voters may deposit their ballots into appropriate ballot boxes immediately after receiving and marking them. E. Tallying Votes After voting has been completed in a particular category, ballots will be taken out of the box and counted to verify that the number of ballots does not exceed the number of signatures on the Roster of Voters. Three staff members of the Election Administrator will tally the votes. One person will take the ballots, one at a time, and read the voted names on the that ballot. If there are more marked votes than asked for on that ballot, the ballot shall be VOIDED. A second person will check off the votes on a tally sheet. The third person will verify that the correct names are marked on the tally sheet. The candidates who receive the most votes shall be elected to the available positions in each category. Winning candidates shall take office at the commencement of the first PAC meeting held following City council certification of the PAC election. In the event of a tie vote for the last winning position, none of the tied oandidates shall be elected; provided, however, that the PAC shall at its next regularly scheduled meeting fill vacancies resulting from the tie vote, choosing only from among the tied candidates. After the count of votes and ballots have been verified, the semi-official results of the election shall be announced to the persons remaining at the meeting. The Election Administrator will retain all ballots and tally sheets until the election is approved by the City Council. Once the election has been approved by the City Council, ballots and tally sheets shall be retained in the offices of the Community Development Agency and become available to the public. They will be made available upon request, during normal business hours, in accordance with Agency Public Records procedures. Ballots for any particular election need not be retained for more than three months; tally.sheets should be retained as part of the PAC's normal records. F. Unspecified Procedures. For any procedure not specified herein, the Election Admin- istrator shall conduct the election in accordance with generally accepted election procedures. VI. QUALIFYING CANDIDATES AND VOTERS The eligibility requirements for PAC candidates are the same as for persons who are eligible to vote for PAC candidates. In order to vote in a PAC election, a person must supply proof of eligibility to be a PAC member. It should be clearly announced at the Election Procedures Meeting, and included in all written notices, that persons without appropriate documentation will not 7 RESOLUTION -95-039 be allowed to vote. A. Required Proofs for Ail Candidates and Voters Any person desiring to become a member of the PAC, or to vote in a PAC election, must produce adequate evidence of eligi- bility. Proof of eligibility must include in all instances a form of current picture identification such as a passport, driver's license or California identification card, in addition to the required proofs relating to specific categories. Ail voters (and candidates) must be at least 18 years of age. B. Required Proof for Residential Owner Occupant Category Residential Owner Occupants must also provide evidence of current ownership of property within the Project Area by such means as a copy of a property tax bill, or similar documentation showing present property ownership. C. Required Proofs for Residential Tenant Category Residential tenants must also provide evidence of their current residential tenancy by such means as a copy of a lease or rental agreement of property within the Project Area, copies of rent receipts, utility bills, or similar documentation. D. Required Proofs for Business Owners Business owners must also provide evidence of their current business operation by such means as a copy of a lease of property within the Project Area, copies of rent receipts, utility bills, or copies of business licenses or permits or similar documenta- tion. E. Multiple Qualifying conditions A person with multiple qualifying conditions will receive only one vote, regardless of the number of properties which that person ow~s or other conditions which otherwise provides the basis for qualification. Artificial entities and businesses, such as partnerships or corporations, for example, must select only one person to run or vote on behalf of that entity, even if that entity may be quali- fied in more than one category. (If one person has theretofore been qualified to represent such entity or business at a particu- lar election, no other person shall be qualified to represent such entity or business at such election.) In addition, a multi- ple qualifying business must select one category in which to run or vote. For example, if a partnership owns property in one part of the Project Area and conducts a business in another part of the Project Area, only one partner may run or vote in only one 8 RESOLUTION 9S-0 9 089 selected category; one part~r may n~ ry and another partner run ~f v6f~i~ un or vote in one catego- other category. Residents of the Project Area who share interests in resi- dential property (e.g., Residential Owner Occupant, Residential Tenant) qualifying them to run or vote for a category on the PAC, however, may each run or vote for that category, provided that there is a disclosure of their joint interest. For the purposes of these Procedures, "residents" excludes corporations and other business entities. If at any time a PAC member's status changes such that the member no longer meets the qualifications for the position held, or the basis on which the qualification is made no longer ap- plies, such PAC member's status as a member of the PAC shall automatically terminate. VII. REPRESENTATIVES OF COMMUNITY ORGANIZATIONS Those community organizations who have been designated by the City Council as entitled to have a representative as a member of the PAC shall select such member in the manner determined to be most appropriated by that organization. Such organizations may also select an alternate to attend PAC meetings as acting member in the absence of the person designated as the primary representative. Each such organizations shall provide written notification of the persons so selected to the Executive Director of the Community Development Agency. Such organizations may thereafter, by written notice to the Executive Director, change the designated primary representatives and alternates. viii. FACILITIES AND STAFFING In order to provide an organized election Community Develop- ment Agency staff should take steps to: (1) implement appropriate election procedures, (2) arrange for facilities for th~ meetings, and (3) prepare for the provision of notices and the information package. In organizing the election, particular attention should be given to selecting the facilities and arranging for adequate staff. The facilities chosen should be large enough to handle the estimated attendance. An adequate public address system should be available. As indicated above, the facility selected should, as far as reasonably possible, be one which is centrally located, well lighted and frequently visited. IX. TRANSLATION A determination should be made at an early, stage as to whether or not translation of election materials is necessary and, if so, into which languages the election materials should be 9 070 RESOLUTION 95-039 translated. Arrangements for any necessary translation, and the time needed for translation should be factored into the time necessary for organizing the election. Community Development Agency staff should also arrange for translators and translation facilities at the meetings, if necessary. X. FILLING OF VACANCIES In the event that a vacancy on the PAC occurs, that vacancy shall be filled by vote of the PAC. The person selected to fill the vacancy shall be qualified to represent the category in which the vacancy occurred. Ail PAC members present at any meeting in Which a vote to fill a vacancy is taken shall be entitled to participate in such vote. In the event that vacancies on the PAC reduce the number of members of the PAC below a quorum, the remaining members may nevertheless take action to fill such vacancies, and shall do so prior to conducting any other busi- ness. XI. INTERPRETATION OF ELECTION PROCEDURES The responsibilities of the Election Administrator shall be as follows: (A) appearing at the Election Procedures Meeting and any other preelection meetings to discuss the Election Procedures, qualification of voters and candidates, the manner in which the Election Meeting will be conducted and the procedure for challenging any proceeding, act or omission which may be material to the election; qualifying voters and candidates prior to and during the Election Meeting, to the extent permitted, under these Election Procedures; (c) conducting the Election Meeting, including but not limited to counting votes; (D) rendering decisions (subject to final decisions by the City Council as discussed hereinafter) on challenges, if any, made by any interested person pursuant to this Section XI; and (E) preserving ballots and/or other evidence or materials reasonably necessary to a resolution of the dispute. Any interested person may challenge any proceeding, act or omission which may be material to the election, by written notice to both the City Council and the Election Administrator given at the earliest practicable time, but in no event later than five 10 RESOLUtiON 95-039 071 (5) business days after the Election Meeting. The Election Administrator shall make a recommendation as to any challenge brought to the City Council within 15 calendar days from the time such challenge is brought. The City Council shall have the ultimate authority to interpret these Election Procedures and to resolve any disDutes brought to its attention arising under these Election Procedures, and shall determine the validity of any challenges brought to it within 30 days of the election. Adopted by Resolution No. 95- of the City Council of the City of Santa Aha on , 1995, pursuant to Section 33385 of the Community Redevelopment Law. 11 RESOLUTION 95-039 EXHIBIT 1 SAMPLE DECLARATION OF MAILING declare as follows: 1. I am a (title) for (Name of Business), a California corporation providing direct mailing and distribution services, with offices located at (Address). My responsibilities include managing all mailing and production schedules for the corporation. The following facts are within my personal knowledge and if called as a witness I could and would competently testify thereto. 2. On (Date), I distributed the Notice of Public Meetings (Dates of Meetinqs) and Area Map. A copy of the Notice and Map is attached hereto as Exhibit A and incorporated herein by this reference. Distribution was accomplished by depositing (prepaid first class presorted by carrier route) the Notice and Map at the United States Post office, (Location), California, to all resi- dents, businesses and property owners within the geographic area described on Exhibit B, attached hereto and incorporated herein by this reference. 3. The list of (Number) residents and businesses to whom the Notice and Map were addressed was obtained on ,199_ from (Provider); a copy of that list was provided to the Community Redevelopment Agency of the City of Los Angeles on (Date). 4. The list of (Number) property owners to whom the Notice and Map were addressed was provided to me by the Agency from the Los Angeles County Assessor's office on , I99_. I declare under penalty of perjury pursuant to the laws of the state of California that the foregoing is true and correct. Executed on this California. day of (Month), 199_ at Los Angeles, 12 073 EXHIBIT 2 SAMPLE QUALIFICATION FORM (To be filled out by Candidates and Voters) Name: Address: Voter/Candidate for: [ ] Residential Owner OccuPant [ ] Residential Tenant [ ] Business Owner or Tenant [ ] Absentee Owner Proof of Eli~ibilSty: [ ] Deed #. [ ] Business License/Permit [ ] Property Tax Bill # [ ] Lease Agreement # [ ] Rent Receipt ~ [ ] Utility Bill #. [ ] other (specify) Signature: Pictur9 Ident%fication: [ ] Driver!s License (Confidential) [ ] Bank ID (with picture) #. Passport [ ] other (specify) signature: Oualifications Verified: Signature: Dated: 13 RESOLUTION 95-039 EXHIBIT 3 SAMPLE RESIDENTIAL TENANT BALLOT (A different color ballot should be used for each category) Resident%al Tgnant cat~qor¥: Vote for 2 (fill in the correct number) Robert Grey Barbara Jones James Lee Maria Sanchez Other: (Must be & Qualified Candidate) 14