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SDI ADVISORY COMMITTEE
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Sec. 2-2.601. - General.
(a)
The SDI Advisory Committee shall consist of two (2) members serving four-year terms. One (1) member shall be appointed by the City. (1) One member shall be appointed by Mojave County Landowners News, Inc., dba California City Landowners Association (hereafter The Association). Vacancies shall be filled in the same manner. The member appointed by the City shall be a resident of the City. The member appointed by The Association shall be an SDI Lot Owner.
(b)
The SDI Advisory Committee shall monitor the investment and expenditure of money in the SDI Fund as set forth in this chapter. The SDI Advisory Committee may consult with the City on land use issues affecting SDI Tracts and may consult with the City of California City Redevelopment Agency concerning redevelopment issues affecting SDI Tracts. The SDI Advisory Committee may request the city manager engage services of consultants to assist the SDI Advisory Committee in connection with its responsibilities defined herein. The City Manager shall act on this request within twenty (20) days.
(c)
The City shall provide the SDI Advisory Committee with reports and information as requested and access to a meeting place. Environmental documents for SDI projects shall be provided to the SDI Advisory Committee. The Committee shall be compensated at the same rate and manner as the City Planning Commission.
(d)
The SDI Advisory Committee shall comply with laws affecting public agency committees, including conflicts of interest laws and secret meeting laws. At least two affirmative votes are needed for the SDI Advisory Committee to act. If the two members of the SDI Advisory Committee cannot agree, they may jointly engage a mediator or arbitrator. If the two members of the SDI Advisory Committee cannot agree on the appointment of a mediator or arbitrator or if they do not both agree with the outcome of the mediation or arbitration, either member may petition the Federal Court to resolve the dispute as the Court deems appropriate.
( Ord. No. 14-725 , § 1, 10-21-2014)
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Sec. 2-2.602. - Council Review.
(a)
The SDI Advisory Committee may request the City Council's review of:
(1)
The policy for investment of SDI Fund money;
(2)
Investment of SDI Fund money;
(3)
The annual certification of the money available for maintenance of SDI Improvements;
(4)
The decision of the City Council concerning the need for constructing SDI Improvements;
(5)
Disbursements/expenditures from the SDI Fund;
(6)
The hiring of consultants;
(7)
Any other matter concerning the investment of the SDI Fund, disbursement from the SDI fund, or the development of or construction of improvements within the SDI tracts.
(b)
The request for review shall be written and shall be submitted to the City Clerk. The request may include a request to stay any pending action, pending the City Council's decision. The City Manager may grant the stay request if the request for review is timely and the delay will not prejudice the SDI Fund or owners of SDI Lots.
(c)
The City Council shall consider the request for review at a public hearing between fifteen and thirty days after request for review is filed with the City Clerk. All interested persons shall be heard. The hearing may be continued from time-to-time. The City Council shall render a written decision within fifteen (15) days after the conclusion of the hearing.
( Ord. No. 14-725 , § 1, 10-21-2014)
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Sec. 2-2.603. - Court Review.
(a)
The City or the SDI Advisory Committee may petition the Federal District Court, Eastern District, in Fitzpatrick, et al. v. City of California City (USDC Case No. SV-F-96-5411-REC-SMS), herein "Fitzpatrick Case," or the court's designee and respond to a petition by the City or Committee (as the case may be);
(1)
To overturn the City Manager's decision on a request for stay; or
(2)
To overturn the City Council's decision on the merits of the request for review;
(3)
To determine action or proposed comments to the SDI Agreements or this chapter;
(4)
To obtain approval of amendments to this chapter;
(5)
To resolve a dispute as between the two members of the SDI Advisory Committee as set forth in section 9-6.401(d).
(b)
The Court, or the court' designee, shall promptly hear the petition. The designee's decision may be appealed to the Court. The un-appealed designee's decision or the Court's decision is final (subject to review by appeal or writ).
(c)
The Court or designee shall reverse the decision by the City Manager (concerning a stay request) or the City Council (concerning the merits of the request for review) if the actions of the City Manager or City Council (as the case may be) were arbitrary, capricious, not supported by substantial evidence, or contrary to the terms of SDI Agreements or this ordinance.
(d)
The Court shall order the SDI Fund to pay reasonable attorney fees to the prevailing party.
( Ord. No. 14-725 , § 1, 10-21-2014)
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Sec. 2-2.604. - Termination or Modification.
(a)
The SDI Committee shall have no further force or effect when the SDI Agreements have been fully performed.
(b)
The City may, but is not obligated to, petition the Court in the Fitzpatrick Case for a determination the SDI Agreements have been fully performed.
(c)
The City shall obtain Court approval in the Fitzpatrick Case before amending this Chapter.
( Ord. No. 14-725 , § 1, 10-21-2014)
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