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HEALTH AND SAFETY CODE
SECTION 33385-33388

33385. (a) The legislative body of a city or county shall call upon
the residents and existing community organizations in a
redevelopment project area to form a project area committee in either
of the following situations:
(1) A substantial number of low-income persons or moderate-income
persons, or both, reside within the project area, and the
redevelopment plan as adopted will contain authority for the agency
to acquire, by eminent domain, property on which any persons reside.

(2) The redevelopment plan as adopted contains one or more public
projects that will displace a substantial number of low-income
persons or moderate-income persons, or both.
(b) The legislative body shall, by resolution, adopt a procedure
pursuant to this section for the formation of the project area
committee. The procedure shall include, but not be limited to, all
of the following:
(1) Publicizing the opportunity to serve on the project area
committee, by providing written notice by first-class mail to all
residents, businesses, and community organizations, including
religious institutions and other nonprofit organizations, within the
project area at least 30 days prior to the formation of the project
area committee.
(2) The agency shall conduct a minimum of one public meeting to
explain the establishment of, functions of, and opportunity to serve
on, the project area committee. At the public meeting, the agency
shall distribute copies of this article, copies of Sections 33347.5
and 33366, copies of the procedure adopted pursuant to this
subdivision, copies of the redevelopment plan or preliminary plan or
the pertinent portions thereof, and any other materials the agency
determines would be useful.
(3) Providing published notice of all meetings, hearings, or
plebiscites conducted by, or on behalf of, the agency or legislative
body relative to the formation and selection of the project area
committee in the same manner as specified in subdivision (a) of
Section 65090 of the Government Code.
(4) (A) Providing written notice to all residents, businesses, and
community organizations in the project area of all meetings,
hearings, or plebiscites conducted by, or on behalf of, the agency or
legislative body relative to the formation and selection of the
project area committee. This mailed notice requirement shall only
apply when mailing addresses to all individuals and businesses, or to
all occupants, are obtainable by the agency at a reasonable cost.
The notice shall be mailed by first-class mail, but may be addressed
to "occupant." In lieu of providing separate notice for each
meeting, hearing, or plebiscite, the agency may provide a single
notice pursuant to this paragraph stating all dates, times, and
locations of any meetings, hearings, and plebiscites relative to the
formation and selection of the project area committee.
(B) If the agency has acted in good faith to comply with the
notice requirements of this paragraph, the failure of the agency to
provide the required notice to residents or businesses unknown to the
agency or whose addresses cannot be obtained at a reasonable cost,
shall not, in and of itself, invalidate the formation or actions of
the project area committee.
(5) Providing other forms of notice appropriate to the community
in which the project area is to be established, as determined by the
agency. Notice provided pursuant to this paragraph may include
public service announcements, advertisements in foreign-language
publications, or flyers.
(6) The number of community organizations and the method of
selection, which may include election, appointment, or both.
(7) Any other forms of assistance which the legislative body
requires in connection with the formation of the project area
committee.
(c) The project area committee shall only include, when
applicable, elected representatives of residential owner occupants,
residential tenants, business owners, and existing organizations
within the project area. Each group shall be adequately represented.
Each organization represented pursuant to this subdivision shall
appoint one of its members to the project area committee. No project
area committee member may be appointed by the legislative body or
the redevelopment agency or any member of either body. The members
of the committee shall serve without compensation.
(d) (1) The election of a representative project area committee
shall be held in each project area within 100 days after the project
area is selected. The legislative body shall adopt, after a 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
matters related to the electoral process. These procedures shall
prohibit crossover voting between categories of residential owner
occupants, residential tenants, and business owners to ensure, for
example, that a business owner cannot vote for a tenant
representative. However, if the legislative body determines that the
method of selection of community organizations shall include
election pursuant to subdivision (b), the legislative body shall
determine the appropriate electorate and may authorize crossover
voting in the election of community organizations.
(2) The procedures adopted pursuant to this subdivision shall
provide that a challenge to an election or to an electoral procedure
shall be filed with the legislative body no more than 15 calendar
days after the election. The legislative body shall adopt a finding
that all adopted procedures of the legislative body were followed in
the election. The procedures shall require that the validity of all
challenges be determined within 30 days following the date of the
election.
(e) For project areas selected prior to March 7, 1973, the
legislative body may, but shall not be required to, call upon the
residents and existing community organizations to form a project area
committee.
(f) If the project does not contain a substantial number of low-
and moderate-income individuals, the agency shall either call upon
the residents and existing community organizations to form a project
area committee or the agency shall consult with, and obtain the
advice of, residents and community organizations as provided for
project area committees in Section 33386 and provide those persons
and organizations with the redevelopment plan prior to submitting it
to the legislative body.
(g) Nothing contained in this section shall prevent an agency, or
the legislative body of any city or county, from creating any other
committee for a project area. However, these committees shall not be
merged into the project area committee subsequent to the formation
thereof, and a member of any of these other committees shall not be
entitled to vote in meetings of the project area committee, unless he
or she is also a member of the project area committee.
(h) The meeting of a project area committee shall be subject to
the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of
Division 2 of Title 5 of the Government Code).
(i) The agency may charge fees to persons purchasing or leasing
property from the agency in the project area and to persons
participating in redevelopment of the project area under an owner
participation agreement to defray any cost to the agency or
legislative body in implementing this section.
(j) The amendments made to this section by the act that adds this
subdivision shall be applicable only to a redevelopment plan that is
adopted or amended on or after the effective date of the act that
adds this subdivision.


33385.3. (a) If a project area committee does not exist, and the
agency proposes to amend a redevelopment plan, the agency shall
establish a project area committee pursuant to Section 33385 if the
proposed amendment to a redevelopment plan would do either of the
following:
(1) Grant the authority to the agency to acquire by eminent domain
property on which persons reside in a project area in which a
substantial number of low- and moderate-income persons reside.
(2) Add territory in which a substantial number of low- and
moderate-income persons reside and grant the authority to the agency
to acquire by eminent domain property on which persons reside in the
added territory. The project area committee may be composed of
persons from only the added territory or both the added area and the
existing project area.
(b) Once a project area committee is formed, the requirements of
Section 33385.5, except for project area committee expansion, shall
be followed.

33385.5. The agency shall forward copies of the proposed amendment
to the redevelopment plan to the project area committee, if one
exists, at least 30 days before the hearing of the legislative body,
required in Section 33454.
Where the proposed amendment would enlarge the project area, the
redevelopment agency shall call upon the project area committee to
expand its membership to include additional members on the project
area committee in compliance with Section 33385. Such expansion of
membership shall be submitted to the legislative body within 30 days
for the body's approval within 60 days to assure that the project
area committee is representative. The legislative body shall not
hold the public hearing, required by Section 33454, until the
enlarged project area committee has had at least 30 days to consider
the proposed amendment.
The committee, if it chooses, may prepare a report and
recommendations for submission to the legislative body. If the
project area committee opposes the adoption of the proposed
amendment, the legislative body may only adopt the amendment by a
two-thirds vote of its entire membership eligible and qualified to
vote on such amendments.


33386. The redevelopment agency through its staff, consultants, and
agency members shall, upon the direction of and approval of the
legislative body consult with, and obtain the advice of, the project
area committee concerning 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 agency
shall also consult with the committee on other policy matters which
affect the residents of the project area. The provisions of this
section shall apply throughout the period of preparation of the
redevelopment plan and for a three-year period after the adoption of
the redevelopment plan, subject to one-year extensions by the
legislative body.

33387. Minutes of all the meetings of the redevelopment agency with
the project area committee, which meetings shall be open and public,
together with a record of all information presented to the project
area committee by the redevelopment agency or by the project area
committee for the redevelopment agency for the purpose of carrying
out the provisions of this article shall be maintained by the
redevelopment agency. Such minutes and record shall be open to
public inspection and a summary of such record shall be included in
the report to the legislative body, submitted by the agency pursuant
to Section 33352.


33388. (a) Upon recommendation of the project area committee, funds
as determined necessary by the legislative body for the operation of
the project area committee shall be allocated to the committee by
the legislative body. This allocation shall include funds or
equivalent resources for a committee office, equipment and supplies,
legal counsel, and adequate staff for the purposes set forth in
Section 33386.
(b) No funds allocated under this section shall be used for any
litigation, other than litigation to enforce or defend the rights of
the project area committee under this part.


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