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 CITY COUNCIL AGENDA ITEM NO. _______




Meeting Date: March 26, 2002

Subject/Title: Approval of Resolution Finding that Election of Members to a Project Area Committee was Conducted in Accordance with Adopted Formation Procedures, and Announcement and Confirmation of Project Area Committee Election Results

Submitted by: Gina Rozenski, Redevelopment Analyst

Approved by: John Stevenson, City Manager


RECOMMENDATION (Members McPoland, Beckstrand and Gomes only) 
Approve Resolution _____ wherein the City Council finds that the election held on March 11, 2002, for membership to the Project Area Committee for the Merged Brentwood and North Brentwood Redevelopment Project Areas was conducted in accordance with the Adopted Formation Procedures. Also, confirm the election results and announce the membership of the Project Area Committee:

Joseph Trebino Business Owner, North Brentwood
Christopher Becnel Business Owner, Downtown
Edward Stack Owner Occupant, North Brentwood
Manuel Vilchez Owner Occupant, Downtown
Larry Preston Tenant Occupant, North Brentwood 
Bonnie Luchessi Community Organization

PREVIOUS ACTION
On June 26, 2001, the City Council of the City of Brentwood approved and adopted Resolution No. 2322 adding additional area to the North Brentwood Redevelopment Survey Area.

On October 2, 2001, the Planning Commission of the City of Brentwood approved and adopted Resolution No. 01-76 amending the boundaries of the North Brentwood Redevelopment Project Area (the “Added Area”), approving Amendments to the Preliminary Plans for the Brentwood and North Brentwood Redevelopment Projects (the “Existing Project Areas”), and submitting the Amendments to the Preliminary Plans to the Redevelopment Agency of the City of Brentwood for its acceptance and preparation of amendments to the official Redevelopment Plans for the Projects.

On October 23, 2001, the City Council and Redevelopment Agency continued this item pending a written opinion from the Fair Political Practice Commission regarding conflict of interest issues. 

Upon advisement of the FPPC of their position that three members of the Council/Agency were disqualified due to conflicts of interest and after invoking the “Rule of Necessity” as allowed by the Political Reform Act, the City Council, at its meeting of January 22, 2002, adopted Resolution 2453, approving and adopting procedures for the formation of and election of members to a Project Area Committee (“PAC”) for the Merged Brentwood and North Brentwood Redevelopment Project Areas. 

In addition, the City Council selected the Brentwood Chamber of Commerce as the community organization representative to the Project Area Committee.

On February 1, 2002, approximately 2800 notices were mailed to resident owners and tenants and to business operators within the two project areas, announcing the opportunity to stand for election to the PAC and advising of the three public meetings scheduled: 1) February 19, 2002, 6:30 p.m., public information meeting to discuss the proposed amendment and opportunity to serve on the PAC; 2) March 11, 2002, 5:00-8:00 p.m., election of PAC members; and 3) March 26, 2002, 7:30 p.m., results of the election at the City Council meeting. 

BACKGROUND
As a prerequisite to the adoption of a redevelopment plan amendment that may permit the power of eminent domain to acquire residential properties, the California Community Redevelopment Law mandates that residential owner occupants and tenants, business owners, and community organizations be given the opportunity to form a Project Area Committee (“PAC”) to formally consider the proposed redevelopment plan amendment and to report its recommendations to the Redevelopment Agency and the City Council for their consideration prior to adoption of the amendment. 

In response to the Agency’s notice for volunteers to stand for election, eleven persons attended the public information meeting. Six were owner occupants, one was a tenant occupant and two were business operators. Two others were unqualified to serve on the PAC as they did not live or operate a business within the project areas. Subsequent to the public information meeting, five candidate forms were received from persons interested in serving on the PAC, each representing the three elected categories, as follows:

1. Business Owner Joseph Trebino, North Brentwood
Christopher Becnel, Downtown
2. Owner Occupant Edward Stack, North Brentwood
Manuel Vilchez, Downtown
3. Tenant Occupant Larry Preston, North Brentwood
No Candidate, Downtown

The election was held on March 11, 2002, from 5:00 p.m. to 8:00 p.m. The above candidates ran unopposed and were each elected into office by at least a vote of one. No challenges to the election were filed during the 15-day challenge period following the election. 

The City Council will direct the PAC to appoint a tenant occupant from the Brentwood (Downtown) Project Area. In addition to the five elected members, one appointed member, Bonnie Luchessi of the Brentwood Chamber of Commerce shall serve as the community organization representative. 

FISCAL IMPACT
The City Council must provide funding, as it determines necessary, for the operation of the PAC including equipment and supplies, legal counsel and staff. PAC members serve without compensation.


ADDITIONAL INFORMATION
At its meeting of January 22, 2002, the City Council invoked the “Rule of Necessity”, as allowed by the Political Reform Act, wherein Mayor McPoland was randomly selected to participate in decisions concerning the proposed redevelopment plan amendment. As such, only Members McPoland, Beckstrand and Gomes are eligible to vote on this item.

Attachment: Resolution 

RESOLUTION NO.


A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD FINDING THAT ELECTION OF MEMBERS TO A PROJECT AREA COMMITTEE FOR THE MERGED BRENTWOOD AND NORTH BRENTWOOD REDEVELOPMENT PLANS WAS CONDUCTED IN ACCORDANCE WITH ADOPTED FORMATION PROCEDURES

WHEREAS, the City Council of the City of Brentwood (the “City Council”) adopted the Brentwood Redevelopment Plan by Ordinance No. 333 on July 13, 1982, as amended by Ordinance Nos. 358, 549, and 621; and

WHEREAS, the City Council adopted the North Brentwood Redevelopment Plan by Ordinance 496 on July 9, 1991, as amended by Ordinance No. 548; and

WHEREAS, the City Council adopted Ordinance No. 632 on May 9, 2000, which merged the Brentwood and North Brentwood Plans (hereinafter “Merged Redevelopment Plans”); and

WHEREAS, the Redevelopment Agency of the City of Brentwood is preparing proposed Amendments to the Merged Redevelopment Plans (the “Amendment”); and

WHEREAS, Section 33385.3 of the California Community Redevelopment Law (Health and Safety Code Section 33000 et. seq.) requires that the legislative body, under certain circumstances, call upon the residents, business owners and existing community organizations in a redevelopment project area to form a project area committee; and

WHEREAS, the City Council determined that a project area committee shall be formed for the Added Area and Existing Project Areas, and adopted procedures for the formation of and election to the project area committee at its regular meeting of January 22, 2002, by Resolution No. 2453; and 

WHEREAS, the City Council determined that the total membership of the project area committee shall be seven (7) persons, divided among the membership categories as follows: two elected residential owner-occupants, two elected residential tenant-occupants, and two elected business owners, one each from the Brentwood and North Brentwood Project areas, and one selected community organization. Furthermore, the City Council selected the Brentwood Chamber of Commerce to the community organization membership category; and 

WHEREAS, on February 1, 2002, notices were mailed to residents, owners, businesses and community organizations in the Added Area and Existing Project Areas regarding the formation and opportunity to serve on the project area committee and advising of three public meetings in connection therewith: (1) February 19, 2002, 6:30 p.m., public information meeting to discuss the proposed amendment and opportunity to serve on the project area committee; (2) March 11, 2002, 5:00 p.m. to 8:00 p.m., election of project area committee members; and (3) March 26, 2002, 7:30 p.m., results of the election at the City Council meeting; and

WHEREAS, notices of the meetings were posted in City Hall and Library, and published in the Ledger Dispatch; and

WHEREAS, on February 19, 2002, a formation meeting was held for the project area committee at the Brentwood Technology Center, and eleven community members were in attendance. Subsequent to the formation meeting, five candidate forms were submitted for three membership categories, one each from the Brentwood and North Brentwood Project Areas; and

WHEREAS, on March 11, 2002, an election was held for the project area committee at the Brentwood Technology Center wherein six eligible persons voted. The election resulted in five of six membership categories being filled, with an opening for a tenant occupant from the Brentwood (Downtown) Project Area remaining; and

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood hereby:

1. Announces that the persons and entities identified on Exhibit A hereto have been elected to serve as members of the Project Area Committee for the Merged Brentwood and North Brentwood Redevelopment Projects; and

2. Directs the Project Area Committee to appoint a tenant occupant from the Brentwood (Downtown) Project Area; and

3. Appoints the Existing Community Organization identified on Exhibit B hereto to serve on the Project Area Committee. Prior to the first meeting of the Project Area Committee, the Existing Community Organization so appointed shall designate one person to serve as the representative Project Area Committee member for that organization in accordance with the Project Area Committee Formation Procedures; and

4. Finds that the Project Area Committee Election Procedures were followed for the election of members to the Project Area Committee.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on March 26, 2002, by the following vote:


EXHIBIT A

PROJECT AREA COMMITTEE MEMBERS


JOSEPH TREBINO North Brentwood, Business Owner

EDWARD STACK North Brentwood, Owner Occupant

LARRY PRESTON North Brentwood, Tenant Occupant

CHRISTOPHER BECNEL Brentwood (Downtown), Business Owner

MANUEL VILCHEZ Brentwood (Downtown), Owner Occupant

To be Appointed Brentwood (Downtown), Tenant Occupant

EXHIBIT B

EXISTING COMMUNITY ORGANIZATION
APPOINTED TO SERVE ON THE PROJECT AREA COMMITTEE


BRENTWOOD CHAMBER OF COMMERCE