Loading...
HomeMy WebLinkAboutR34-Economic Development ERNA ECONOMICYDE OF SAN ELOPPMEDNTOAGENCY ORI GINA 1 FROM: Emil A.Marzullo SUBJECT: Certification of Northwest Project Area Interim Executive Director Committee Election results of June 12, 2008 and approval of amended Bylaws (Northwest Redevelopment Project Area) DATE: July 14,2008 -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Synopsis of Previous Commission/Council/Committee Action(s): On July 10,2008,Redevelopment Committee Members Estrada,Johnson and Baxter unanimously voted to recommend that the Mayor and Common Council consider this action for approval. -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Recommended Motion(s): (Mayor and Common Council) Resolution of the Mayor and Common Council of the City of San Bernardino making certain findings and determinations regarding the Election of the Northwest Redevelopment Project Area Committee Election as conducted on June 12, 2008, and overruling a written protest to said Election (Northwest Redevelopment Project Area) Contact Person(s): Carey K.Jenkins/Lisa Connor Phone: (909)663-1044 Project Area(s): Northwest Redevelopment Project Area Ward(s): 6a' Supporting Data Attached: 0 Staff Report 0 Resolution(s) ❑Agreement(s)/Contract(s) 0 Map(s) 0 Letter(s) FUNDING REQUIREMENTS: Amount: $ -0- Source: N/A Budget Authority: N/A 0 Signature: Fiscal Review: � , Z— Emil A.Marzullo,Interim xecutive Director Barbara Lindseth,Administrative Services Director ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ Commission/Council Notes: AQeso ao0f -aq(c -------------------------------------------------------- ------------------------------------------------------------------------------------------------------------------------------- F\Agendas\Comm Dev Commission\CDC 2008\07-21-08 N WPAC Election SR.doc COMMISSION MEETING AGENDA Meeting Date: 07/21/2008 Agenda Item Number: ECONOMIC DEVELOPMENT AGENCY STAFF REPORT CERTIFICATION OF NORTHWEST PROJECT AREA COMMITTEE ELECTION RESULTS OF JUNE 12,2008 AND APPROVAL OF AMENDED BYLAWS BACKGROUND: Mayor and Common Council Resolution No. 84-221 and Commission Resolution No. 4630 (said Resolutions together with the Judgment on Stipulation for Entry of Judgment shall collectively be referred to as the "Settlement Documents") together with the Bylaws of the Northwest Project Area Committee ("NWPAC") require the NWPAC to conduct an election every 2 years to elect 10 or 11 of the 21 members of the NWPAC at each biennial election. The Settlement Documents established certain policies and procedures that are relevant and are intended to remain in effect while certain other provisions need to be brought current and updated to reflect the present requirements contained in the California Community Redevelopment Law(the "Redevelopment Law"). CURRENT ISSUE: On September 10, 2007, the NWPAC voted to amend its Operating Bylaws to reflect current Redevelopment Law requirements, to obtain consistency with all provisions of the Operating Bylaws and to correct certain typographical errors. It must be remembered that the NWPAC has utilized tax increment revenues as its sole funding source since its inception, and, therefore, the NWPAC must comply with the requirements pursuant to the Redevelopment Law and in particular Health & Safety Code Section 33385. The NWPAC also serves as a neighborhood community organization for portions of the Westside, and, although these other functions are of significance to the Westside, they are unrelated to redevelopment activities under the Redevelopment Law. The Redevelopment Law does not permit a redevelopment agency to fund neighborhood councils or neighborhood community groups with tax increment revenues. Otherwise, such funding of neighborhood councils and neighborhood community groups would proliferate throughout any city and divert resources from redevelopment related activities to those that are community related and more appropriate for city involvement and funding rather than for redevelopment agency funding. The most significant changes to the Bylaws include: 1) Elimination of a City Clerk sponsored election. The Settlement Documents state that the City Clerk's office is to conduct the initial election for the members of the Project Area Committee. After which all future elections shall take place in accordance with procedures established by the NWPAC by means of its Bylaws and following in accordance with those procedures in the conduct of future elections. This amendment sets forth a clear procedure that is very similar to those used by the Agency in elections for other project area committees in the City. The NWPAC had not previously taken advantage of this provision as contained in the Settlement Documents to conduct its own membership elections. —-- --------------------------—----------------------------------------------------------------------------------------------------------------------------------------------- P:Wgendas\Comm Dev Commission\CDC 2008\07-21-08 NWPAC Election SR.doc COMMISSION MEETING AGENDA Meeting Date: 07/21/2008 Agenda Item Number: Economic Development Agency Staff Report NWPAC Certification of Election Results Page 2 2) NWPAC Qualifications for Participation. The Bylaws were amended to incorporate the precise wording from the Settlement Documents defining the Northwest Redevelopment Project Area qualifications for participation and the 6th Ward as the same existed of 1984. The Settlement Documents state as follows: "The Project Area Committee shall consist of twenty-one members and shall be representative of the residential owner occupants, residential tenants, businessmen and property owners and existing organizations, all in the Project Area. The Project Area Committee may also include representatives who reside or have businesses within the 6th Ward as it is presently constituted, but not in the Project Area". (Emphasis added) Note that since its inception the NWPAC has been required to obtain members from the Project Area, and at the option of the NWPAC, they may expand the eligibility to include individuals from the 6th Ward as it existed as of the date of the Settlement Documents. Every 10 years the boundaries of the 6th Ward change after each decennial census as do all other Ward boundaries within the City. The intent of this provision was to not disenfranchise people in those areas of the City who participated in the original Settlement Documents, were beneficiaries of those agreements and who have an ongoing interest in the continued viability of the NWPAC on the Westside. 3) Health & Safety Code 33385. The Bylaws were amended to conform to Health & Safety Code 33385 and the process and functions for the formation of a Project Area Committee. As amended, the NWPAC now includes elected members who are representatives of the following groups: (1) residential owner occupants, (2) residential tenants, (3) business owners, (4) existing community organizations, and (5) in an effort to assure additional members on an as-needed basis, at-large seats comprised of individuals from categories (1) through (4) within the 6th Ward and the Northwest Redevelopment Project Area. Even though this requirement for eligibility by category was clearly contained in the Settlement Documents, this is the first election in recent recollections at which there was compliance with Health & Safety Code Section 33385 and the Settlement Documents. As set forth in the Settlement Documents, each member of the NWPAC was to have been elected pursuant to their eligibility category and only those who also shared the same eligibility category requirements could vote for those individuals as nominated. Therefore, only residential owners could vote for those candidates in the residential owner category, and so forth. Health & Safety Code Section 33385(d)(1) prohibits cross-over voting and even presents a written example of the type of situation that this Code Section is intended to preclude. Said Code Section reads in part as follows: "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." ----------------------------------------—----------------------------------——------------------------------------------—---------------------------------------------------------------------- P:\Agendas\Comm Dev Commission\CDC 2008\07-21-08 NWPAC Election SR.doc COMMISSION MEETING AGENDA Meeting Date: 07/21/2008 Agenda Item Number: r� Economic Development Agency Staff Report NWPAC Certification of Election Results Page 3 4) Updated list of existing agencies/organization in the 6th Ward. Many of the agencies/organizations included in the Settlement Documents are no longer in existence and many new agencies/organizations currently serve the Northwest Redevelopment Project Area. It was necessary to update this list after twenty-four(24)years of history as a project area committee. 5) Expedited Elections. The amendment to the election procedures has reduced the cost and amount of time required to elect new NWPAC members. The new election procedures allow for an expedited election that can be conducted by EDA staff. The total cost of the June 12th election was approximately $7,000 which paid for the printing of ballots, postage and NWPAC staff time needed to prepare ballots for mailing. The most recent prior election cost the NWPAC approximately $15,000 for a total cost savings to the NWPAC of$8,000. This is the same model of a project area committee election as is used for other project area committees by the Agency. 6) Election Results. The NWPAC election results must be ratified by the Mayor and Common Council as provided in the Operating Bylaws. A copy of the amended Operating Bylaws and the Resolution No. 84-221 (the operative provisions of Resolution No. 4630 are identical to Resolution No. 84-221) are attached to this Staff Report as Attachments I and II. Attached hereto as Attachment III is the 1984 6th Ward boundary map. ELECTION The NWPAC consists of 21 elected members with the terms of the newly elected 10 members commencing as of August 11, 2008, for a term that will expire in November, 2011, or when the then newly elected NWPAC members are officially recognized after the October 2011 election. The outgoing NWPAC members were scheduled to have their terms expire as of November 19, 2007, but due to the inability to conduct an election prior to that date, such members remained in office as provided by California law until the new NWPAC members are elected and officially seated as members to the NWPAC. With regard to the election held on June 12, 2008, a total of 12 candidates representing eligible organizations, business persons, property owners, and resident owner/tenants submitted applications for candidacy. The newly elected members will serve for a single, 4-year term. On June 12, 2008, the NWPAC conducted an election to elect 10 members. The polling place was located at 1800 Western Avenue, Solarium Room, from the hours of 3:00 p.m. to 7:00 p.m. and absentee voting was available as provided in the Operating Bylaws. Voters were instructed to vote for 2 candidates in their eligible category and 2 candidates in the At-Large category for a total of 4 votes. A total of 25 voters cast ballots in this election with 2 ballots being disqualified pursuant to Health & Safety Code 33385(d)(1) which prohibits crossover voting between categories. The 2 disqualified ballots did not comply with the voting instructions to be able to consider such votes in the final tally of votes. —-----------------------——---------------------—--—------------------------------------------------------------------------------—--------------------------------—-------------- PAAgenclasTornm Dev Commission\CDC 2008\07-21-08 NWPAC Election SR.doc COMMISSION MEETING AGENDA Meeting Date: 07/21//20008 Agenda Item Number: F231_ Economic Development Agency Staff Report NWPAC Certification of Election Results Page 4 The following table represents the tally of all candidates for the representing categories: 2008 NWPAC Election Results Eligible Organization Votes Business Person/ Votes Property Owner Sandra Doyle 2 Dolores Armstead 0 Joyce Smith 7 Resident Owner Occupant Votes Resident Tenant Votes Ida Newell 8 Sylvia M. Miller 1 Timothy E. Patchen 4 Phillip A. Moreno 4 Randolph Riley, Sr. 10 At-Large Harvey Gregory 15 Odessa M. Walker 0 Morsell F. Johnson 2 Betty J. Wallace 14 The successful candidates elected to serve their representing categories on the NWPAC with terms beginning August 11, 2008, are as follows: Eligible Organization Sandra Doyle, Joyce Smith Business Person/Property Owner Dolores Armstead Resident Owner Occupant Ida Newell, Randolph Riley, Sr. Resident Tenant Sylvia M. Miller, Phillip Moreno At-Large Harvey Gregory, Betty J. Wallace Election Protest: An official protest was timely filed by Mr. Stewart Cumming on June 23, 2008, and is included as Attachment IV. The protest sets forth 5 elements as the basis for the written protest. Please review the detailed analysis as to each point contained in the protest and the recommended conclusions and findings of fact as prepared by Agency Staff and legal counsel and included as Attachment V to this Staff Report. The protest concludes by asking the Mayor and Common Council to set aside the June 12, 2008, NWPAC election and to conduct an election in conformity with the Settlement Documents. As discussed in more detail in the Attachment IV, the recent NWPAC election was in fact conducted precisely in the manner as required by the Settlement Documents and the Redevelopment Law. It is the recommendation of Agency Staff and legal counsel that the written protest be rejected for the reasons as set forth in the Attachment. The Resolution as presented provides for the Mayor and Common Council to accept the June 12, 2008, election results of the NWPAC and to make certain findings and determinations in the rejection of the protest as filed. Such Resolution will also ratify the changes made by the NWPAC to the Operating Bylaws and the election procedures. PAAgendas\Comm Dev Commission\CDC 2008\07-21-08 NWPAC Election SR.doc COMMISSION MEETING AGENDA Meeting Date: 07/n21/2008 Agenda Item Number: n3 Economic Development Agency Staff Report NWPAC Certification of Election Results Page 5 ENVIRONMENTAL IMPACT: None. FISCAL IMPACT: None. RECOMMENDATION: That the Mayor and Common Council adopt the attached Resolution. Emil A. Marzullo, xecutive Director --------------------- ----------------- ------------------ ----------- -------------------------------- -------------------- P:\Agendas\Comm Dev Commission\CDC 2008\07-21-08 NWPAC Election SR.doc COMMISSION-MEETING------ -AG-ENDA Meeting Date: 07/211/2008 Agenda Item Number: l3 IF ATTACHMENT I OPERATING BYLAWS Northwest Redevelopment Project Area Committee 1800 Western Ave # 309 San Bernardino, CA 92411 Telephone: (909) 880-3250 • Fax: (909) 880-1974 http://www.northwestpac.org NWPAC Operating Bylaws ARTICLE I —THE COMMITTEE SECTION 1. NAME OF THE COMMITTEE.The name of the Committee shall be the Northwest Redevelopment Project Area Committee, (hereinafter referred to as the PAC). ARTICLE II—LOCATION SECTION 1. LOCATION OF OFFICE. The principle office of the PAC shall be in the City of San Bernardino Sixth Ward and the County of San Bernardino.The Northwest Redevelopment Area consists of the area defined in the Northwest Lawsuit Settlement—Enrigue Armament et al vs RedevelopmentAgency of the City of San Bernardino, et al dated August 2, 1984 and the Sixth Ward of San Bernardino as existed in 1985 (hereinafter referred to as "AREA") or as hereafter modified or realigned. The PAC office will be maintained in a professional manner. Office personnel will wear appropriate attire and maintain proper decorum. The office shall be open to the public and to PAC members. Office hours shall be Monday through Friday, 10 a.m. to 4 p.m. the office shall be closed on legal holidays observed by San Bernardino City offices. No official original PAC documents shall leave the PAC office unless authorized by the chairperson or vice chairperson;this includes stationary,maps and communications from City Hall. Stamps shall be used only for authorized PAC business. ARTICLE III—PURPOSE AND FUNCTION OF THE COMMITTEE SECTION 1. PURPOSE OF THE NORTHWEST REDEVELOPMENT PAC. The PAC will provide a means for private citizen support and advice to the San Bernardino Redevelopment Agency (hererinafter referred to as "Agency") on matters related to the development and related activities in the Northwest Redevelopment Project Area. To accomplish this,the PAC will: 1.) Gather information and serve as a communications link between the San Bernardino Redevelopment Agency and persons in the Area;keep persons informed of the various elements included in the development of the Area redevelopment plan;and relay persons' problems,concerns, suggestions,and recommendations to the Agency, 2.) Participate in the Agency decision-making process by reviewing and evaluating Area activities and making advisory recommendations as necessary and appropriate. 3.) Mediate issues between the Agency and persons affected by redevelopment activities. - 1 — Operating. Bylaws.091107.doc Northwest Redevelopment Project Area Committee 4.)Assist the Agency in carrying out Area activities in accordance with the California Community Redevelopment law and assist the City in eradicating any or all negative health and safety hazards. 5.)Assist the City in eradicating any or all negative health and safety hazards in the project Area. SECTION 2.AGENCY / COMMITTEE RELATIONS.The Agency shall cause a member of its staff to be present at each PAC meeting of which the Agency is given adequate notice and a request for such presence by the PAC so that information regarding new proposals and ongoing projects (including information in the hands of Agency staff regarding: eminent domain proceedings,development agreements,tax increments, tax assessments,proposed zoning charges,variances,building permits, grants,employment opportunities,notices of preparation of emergency impact reports and negative declarations,Agency plans for residential facilities,Agency plans for replacement housing,and other policy matters affecting the residents,businesses,and community-based organizations,all in the Sixth Ward),may be provided to the PAC (but not more than once per month,unless agreed to by the Director of the Agency or designated representative). The Agency, through its staff,consultants, and/or Agency members,shall give notice of pending actions affecting the residents of the Area by giving the PAC the same notice as that received by the Agency members,which notice shall be communicated by the same means as provided to Agency members. Such notice shall be made to the address and/or telephone number provided by the PAC. Not withstanding any other provision,the Agency may consider compliance with notification if not less than two hours before such consideration,the Agency calls the PAC at the telephone numbers provided by said committee to inform the committee of the item to be considered,leaving a message with a person. The Agency and its staff will stand ready to consult with the PAC on the above-described matters. The PAC may request that the Common Council person representing the Area be present at PAC meetings and submit a written or oral report pertaining to actions taking place in the Area. The PAC may request that the Agency's Representative person representing the Area be present at PAC meetings and submit a written or oral report pertaining to actions taking place in the Area. Whether or not the PAC has consulted with the Agency regarding the matters set forth herein, the Agency may take such action on said matters as it deems appropriate.The PAC shall have no veto power over any decision by the Agency or Common Council,but reserves the right to protest any decision they make concerning the Project Area through written or oral comments. ARTICLE IV—MEMBERSHIP/ELECTION PROCEDURES SECTION 1. MEMBERSHIP. (a) The NWPAC board shall consist of twenty-one (21) board members and shall be representative of the (i) residential owner occupants, (ii) residential tenants, (ii) business persons and property owners,and (iv) representative from community- -2—Operating. Bylaws.091107.doe Northwest Redevelopment elopment Project area Committee based organizations, and (v) at-large seats comprised of individual from categories (i) through (iv) all in the Eligible NWPAC Area as defined herein and all such board members being Eligible Voters (as defined in Section 2(a)) at the time of their submittal of a NWPAC Application and at the time of their election to the NWPAC board. (b) The term"Eligible NWPAC Area" shall mean the area of the Sixth Ward as the same existed in 1984 in the official records of the City Clerk, together with the Northwest Redevelopment Project Area as the same presently exists and as the same may be hereafter amended by the actions of the Mayor and Common Council to expand or reduce the boundaries of the Northwest Redevelopment Project Area. Insofar as feasible, the technical procedures for the NWPAC Elections of the board members of the NWPAC shall be designed and interpreted to assure the representation as described above in subsection (a) and in Section 2(a) below. (c) Eleven (11) members of the NWPAC shall constitute a quorum, and a majority of the quorum present at each duly noticed NWPAC board meeting shall be required for approval of all matters brought before the NWPAC board unless a greater number of affirmative votes may be required on a particular matter. A NWPAC board meeting may be adjourned to a date and time certain, and from time-to-time thereafter, by less than a quorum in the event a quorum is not present at any duly noticed NWPAC board meeting. SECTION 2.,NORTHWEST REDEVELOPMENT PAC ELECTIONS (a) Voting will follow the "one-person one-vote rule" regardless of the number or size of properties owned or the number of categories in which the person may be qualified to vote. As required by Health & Safety Code ("H&SC") Section 33385, there shall be no cross-over voting from one category of NWPAC board membership to another. Every person seeking to vote as an Eligible Voter (as herein defined) must designate the category for which they are qualified and eligible to vote and must vote solely for candidates in their appropriate designated category and for the at-large seats as further specified herein. At each NWPAC Election, there shall be two (2) representatives elected from the following four (4) categories of board membership by the voters who are eligible to vote ("Eligible Voters" and as further qualified by the requirements of subsection (c) and (e) below) solely within each designated category. The remaining two (2) or three (3) seats at each NWPAC Election, depending upon which biennial election is then occurring for the requisite number of total NWPAC board seats, shall be at-large seats to be voted upon by all Eligible Voters who shall be entitled to vote for the requisite number of at-large seats then to be filled at the NWPAC Election in addition to the two (2) candidates corresponding to the designated category of each Eligible Voter. (b) Any official challenge by any person to the NWPAC Election or to the election procedures followed in connection with any NWPAC Election shall be filed with the Mayor and Common Council in writing within fifteen (15) calendar days following the date of the NWPAC Election.The Mayor and Common Council shall review disputed elections by considering all challenges so filed and the merits of the issues raised, and the Mayor and Common Council will strive to determine the validity of those challenges within thirty (30) calendar days following the receipt of a written challenge for any NWPAC Election. The findings and determinations of the Mayor and Common Council shall be final and conclusive for all purposes - 3 —Operating. Bylaws.091107.doc Northwest Redevelopment Project Area Committee (c) Each nominee to a board seat on the NWPAC must, for at least thirty (30) calendar days prior to the time of the submission of the NWPAC Application and as of the date of the applicable NWPAC ° Election, be either a (i) residential owner occupant, (ii) residential tenant, (iii) business person or other property owner, or (iv) a representative of a community-based organization. Each nominee to a board seat on the NWPAC must comply with one of the categories (i) through (iv) above and must have resided in, owned property in or conducted business in or be a community-based organization in the Eligible NWPAC Area for at least thirty (30) calendar days next preceding the deadline to submit a NWPAC Application of candidacy for a board seat on the NWPAC and be at least eighteen (18) years of age as of the date of submittal of a NWPAC Application. The representative for each community-based organization must show written proof upon receipt of a NWPAC Application that he or she has been designated in writing by an authorized representative of the community-based organization to become a nominee for a board seat on the NWPAC as the representative of each such community-based organization. The designation of a representative by each such community-based organization shall be set forth in writing on organization stationery and shall be executed by the president or secretary of the organization if a non-profit corporation, or by such other authorized official if the community-based organization is structured in a form other than as a non-profit corporation, and copies of all such written designations shall be maintained in the offices of the NWPAC and the Agency during the then current NWPAC Election process and thereafter the original copy shall be maintained solely at the offices of the NWPAC. (d)A candidate for NWPAC board membership must either(i) obtain a NWPAC Application form in person from the NWPAC Offices or (ii) submit a written or telephone request for such NWPAC Application which may be mailed to such person upon request. If available on the NWPAC official web site, prospective candidates may also obtain a NWPAC Application form from the NWPAC web site as a downloadable document. A completed NWPAC Application form must be submitted to the NWPAC offices via mail, personal delivery or delivery by any other person on or prior to the deadline date and time as may be established by the NWPAC Election Committee. The submitted NWPAC Application as received by the NWPAC shall be date and time stamped and shall be maintained in a secured location at the NWPAC offices and shall remain unopened until the close of the nomination period. Upon the close of the nomination period, the NWPAC Applications as received shall be delivered to the Agency at the offices of the Economic Development Agency, 201 North "E" Street, Third Floor. Thereafter, at the Agency offices at mutually acceptable time, the Agency staff and the NWPAC Election Committee shall review and verify the eligibility of each person submitting a NWPAC Application. In the event the Agency staff and the NWPAC Election Committee are unable to verify the eligibility of any person submitting a NWPAC Application within ten (10) calendar days after the close of the nomination period after telephonic or mail contacts have been made to such person submitting a NWPAC Application, such unverified NWPAC Applications shall be thereupon be disqualified. Each NWPAC Application as verified shall thereupon be approved by the NWPAC Election Committee prior to the commencement of each NWPAC Election. Prior to any NWPAC Application being made available to the general public for inspection and review, the NWPAC Election Committee shall inform each individual submitting a NWPAC Application as to the status of the verification of their particular NWPAC Application. Thereafter, all verified NWPAC Applications will be made available for inspection at the NWPAC offices commencing at least ten (10) calendar days prior to the NWPAC Election date.NWPAC Applications that were unable to be verified or were deficient in any regard shall be returned to the individual submitting such NWPAC Application. All verified NWPAC Applications for individuals whose names are appearing on the final ballot shall be available for inspection and review by the general public at the NWPAC offices during the designated time of the NWPAC election and at the polling location as shall be designated by the NWPAC Election Committee - 4—Operating. Bylaws.091107.doc Northwest redevelopment Project Area Committee (e) The Eligible Voter must show proof that he or she is qualified to vote in any of the four (4) categories as specified in subsection (c) above by physically providing any of the following documents which are then current and valid: Driver's License,DMV Identification Card,property tax bill,utility bill, grant deed, rental agreement for either business property or for a residential tenancy, City of San Bernardino Business Certification (Business License), and/or be a registered voter in the Eligible NWPAC Area or any other form of identification deemed satisfactory by the NWPAC Election Committee or the Agency staff. The voting representative of a community-based organization must produce an authorization on organization stationery and executed by authorized corporate officer of the organization acknowledging the power of the designated individual to cast the vote on behalf of the community-based organization. An Agency representative shall be in attendance at the polling location during the time that the polling location is open for voting to assist in the verification of the requirements of eligibility of all Eligible Voters. Anyone who is qualified and desiring to vote at the NWPAC Election but who is unable to attend may register in writing with the NWPAC and obtain an absentee ballot from the office of the Agency at least four (4) business days prior to the date of the NWPAC Election. Absentee ballots must be received by mail, or personal delivery or otherwise deposited at the Agency's offices by 5:00 PM of the date of the NWPAC Election or be deposited in the ballot box at the official polling location prior to the close of the polls on such NWPAC Election date. Technical procedures to assure that those persons asking to vote are legally entitled to vote are as follows: RESIDENT OWNER: To prove that one is a resident owner within the Eligible NWPAC Area,proof of such ownership in the form of a current deed to the property, trust deed and personal identification indicating that the individual as of the date of the submittal of such documentation is in fact the designated residential owner of such real property and/or voter registration verification. RESIDENT TENANT:To prove that one is a tenant within the Eligible NWPAC Area,proof of such residency in the form of a rental agreement, rent receipt, utility bill, California Identification Card, California Driver's License and/or voter registration verification. BUSINESS OWNER: To prove that one is a business owner within the Eligible NWPAC Area, proof of such ownership and legal operation of a business entity in the form of a City Business Registration receipt(Business License), tax documents and/or other personal identification. PROPERTY OWNER: to prove that one is a owner of real property located in the Eligible NWPAC Area, proof of such ownership of real property in the form of a deed to the property and personal identification. COMMUNITY-BASED ORGANIZATION: Each qualified community-based organization will be entitled to have one designated individual to vote on behalf of the community-based organization. The president or secretary of the community-based organization must certify in writing the name of the person to vote of behalf of each such community-based organization. A vote by an individual on behalf of an organization will not cancel or in any manner negate the ability of such individual to vote as an Eligible Voter if such person also qualifies as an Eligible Voter in categories (i), (ii) or (iii) as set forth in subsection (c) above. In the event more than one person purports to have the authority to vote on behalf of qualified community-based organization based upon what appears to be valid authorization,in such instances, the first person appearing at the polling location with apparently valid authorization to vote on behalf of such community-based organization shall be allowed to have their vote considered and any subsequently appearing individuals shall not be permitted to vote on behalf of the same community- based organization. - 5 — Operating. Bylaws.091107.doc Northwest Redevelopment Project Area Committee A qualified community-based organization is considered to be eligible to be represented on the NWPAC board if it is an active organization as listed in Exhibit No. 5 in Nortbwest Lawsuit Settlement— Enrique Armenta, et al, vs Redevelopment Agency of the City of San Bernardino, et al, dated August 2, 1984,which includes organizations within the NWPAC and 6`h ward, and/or provides services to the NWPAC as it existed in 1984 or as it currently exists, subject to updates and verification of continued existence by the NWPAC Election Committee. In addition to the community-based organizations as referenced in the preceding sentence, subject to biennial updates of continuation as an active organization,as described in subsection (c) above, the NWPAC Election Committee shall finalize and revise if necessary this list of all community-based organizations that should be added or deleted to the list of community-based organizations eligible to participate in the NWPAC election process prior to the date that the NWPAC Application is made available to prospective candidates. The decisions of the Agency staff in attendance at the NWPAC Election shall be final and conclusive as to the qualifications of all Eligible Voters. All other matters and interpretations of these NWPAC Election procedures shall also be subject to interpretation by the Executive Director of the Agency whose decisions and interpretations shall be final and conclusive for all purposes unless appealed to the Mayor and Common Council in a timely manner after the conclusion of the applicable NWPAC Election in the manner as permitted herein. (� Payment of all costs of the NWPAC elections will be paid by the NWPAC from budgeted amounts appropriated by the Agency in accordance with the annual budget of the Agency. Any funds expended by the NWPAC shall be reimbursed in full by the Agency under mutual agreement with the Agency in accordance with then applicable annual fiscal year budget authorizations and per the Nodbwest Lawsuit Settlement—Armenta, et all vs RedevelopmentAgeng of the City of San Bernardino, et al, dated August 2, 1984.After the NWPAC Election Committee and the Agency have set an election date, the NWPAC Election Committee and officers will follow the approximate time frame as set forth below utilizing calendar days (all dates are approximations and the NWPAC Election Committee and the Agency may agreed to shorten or length any period of time as set forth below as may be deemed to be appropriate under the circumstances): Day 1 and prior. NWPAC Election Committee establishes information relative to (i) the NWPAC Election procedures, (ii) the updated list of community-based organizations, (iii) the precise dates of each election process event and the time period for the receipt and deposit of completed NWPAC Applications, and (iv) the final NWPAC Election date, times and location. The NWPAC Election Committee then causes the same to be published in a bulletin created by the NWPAC Election Committee subject to prior review and approval by the Agency. Day 2. The NWPAC shall post the bulletin at the Agency offices, NWPAC offices and all certified community-based organizations offices as allowed by each organization. Day 3 through Day 22. Time for receipt and deposit of completed NWPAC Applications to appear on the ballot for the next NWPAC Election. Day 23. After a candidate's NWPAC Application has been reviewed to determine the candidate's eligibility for NWPAC membership, the candidate's name and category will be placed on a sample ballot. The sample ballot containing the names and categories of all eligible candidates will be posted on this date at 10:00 AM on the EDA office's Notice Board, at the NWPAC office and be made available for posting to all certified community-based organizations. Day 33. All eligible candidate statements shall be made available to all eligible candidates, the general public and any other interested parties as described in Article IV,Section 2, (d). Day 39. Last day to register and obtain an absentee status and ballot, see Article IV,Section 2, (e). Day 41. Date of Candidate Speeches/Forum To be held at the NWPAC office or at the Agency Conference Room.The forum shall be conducted by a representative from the Agency Day 44. Election Day----The Agency will oversee the election to be conducted at the offices of the NWPAC or such other designated location at the time and place as designated by the NWPAC Election - 6—Operating. Bylaws.091107.doc Northwest: Redevelopment Project Area Committee Committee. The NWPAC Election will be conducted at a central location in the Eligible NWPAC Area or at the offices of the NWPAC as may be determined by the NWPAC Election Committee prior to each NWPAC Election. Balloting shall take place with each Eligible Voter able to cast votes for as many candidates as there are vacancies in the category for which each Eligible Voter seeks to vote plus for the number of at-large positions then being voted upon. Voting shall be conducted by secret ballot. The Agency shall have election assistants present at the polling location to collect and tally the ballot and to generally oversee and support the NWPAC Election Committee. Such Agency representatives shall ensure secrecy of the ballots by requiring each ballot to be folded and passed to an election assistant. Absentee ballots shall be deposited at the Economic Development Agency's office by 5:00 PM the day of the election. All voting shall end at the time designed by the NWPAC Election Committee on the date of the NWPAC Election. All ballots shall then be accumulated by the Agency and brought to the election location for tabulation. Such initial tabulation shall not be open to the public but the results thereof shall be announced as soon as practicable thereafter. - 7 — Operating. Bylaws.0911 07.doc Northwest Redevelopment Project Area Committee The Agency representatives shall tally the ballots immediately following the NWPAC Election and shall provide official verification of the results of the NWPAC Election. A designated member of the NWPAC may also be present as determined by the NWPAC Election Committee but no other members of the general public or the NWPAC shall be present with the Agency representatives while the tally of the ballots is occurring. This procedure is intended to assure accuracy and objectivity in the review and tally of each ballot as cast. The Agency staff shall announce the results of the NWPAC Election after the votes are tallied and verified by such Agency representatives. If a runoff is necessary, it shall be announced immediately and the NWPAC Election Committee shall thereafter determine the date of any run-off election. The results and ballots shall be maintained by the representative of the Agency for presentation to the Mayor and Common Council at a regular meeting of the Mayor and Common Council next following the NWPAC Election which date shall be announced at the next succeeding NWPAC Regular meeting. (g) The Mayor and Common Council shall consider the election results after each NWPAC Election and grant such approvals as may then be warranted for the Northwest Redevelopment Project Area Committee pursuant to a Health and Safety Code 33385 and the Northwest Lawsuit Settlement— Enrique A.rmenta, et al vs Redevelopment Agency of the City of San Bernardino, et al., dated August 2, 1984. The elections to each NWPAC board shall be deemed approved in the event the Mayor and Common Council does not affirmatively disapprove such election results on or before the expiration of thirty (30) calendar days after the date that the Mayor and Common Council receives the official results of the election from the NWPAC Election Committee duly certified by such NWPAC Election Committee. (h) NWPAC board members shall serve without compensation. SECTION 3.VACANCIES. Vacated memberships shall be replaced by the person having obtained the next highest number of votes compiled from the most recent NWPAC Election and for the application category. If all names from said list have been exhausted, then vacated memberships shall be filled by nomination by residents, and representatives of businesses, property owners and community-based organizations in the Eligible NWPAC Area and by vote of the existing NWPAC board, as a whole, at a regular or special meeting after at least five (5) calendar days written notice thereof has previously been given to all members of the NWPAC. SECTION 4. CONFLICT OF INTEREST. Any conflict of interest on the part of any NWPAC board member shall be disclosed to the other members of the NWPAC and made a matter of public record. A majority vote b the NWPAC board P l �' Y members, in attendance, will determine if a conflict of interest exists in the event a board member contests the existence of a conflict of interest after the facts of such alleged conflict of interest have been presented to the NWPAC board. Any NWPAC board member having such possible conflict of interest shall not vote or use his or her influence on the matter in question and shall not be counted in determining a quorum for the particular issue. - 8—Operating. Bylaws.091107.doc Northwest Redevelopment Project Area Committee SECTION 5. EXISTENCE OF COMMITTEE. The NWPAC shall continue to exist up to the end of the twelfth (12`h) year after the adoption of the Redevelopment Plan for the Northwest Redevelopment Project Area and shall continue to be, or caused to be in existence, for any additional period during which the applicable Redevelopment Plan reflects that the Agency shall have power of eminent domain. Notwithstanding any other provision of this Section, the NWPAC shall remain in existence, if the Mayor and Common Council does not, at some time during the eleventh year after the adoption of the said plan (i.e.,July 7, 1993, to July 7, 1994),vote to disband said NWPAC, effective at the end of the twelfth year after said adoption (i.e.,July 6, 1995). If the NWPAC remains or is in existence beyond July 6, 1995, then the Mayor and Common Council may vote to disband said NWPAC on at least two (2) years' notice. If the boundaries of the Northwest Redevelopment Project Area are altered, opportunities for membership on the NWPAC shall be changed so as to conform to the new boundaries which shall for all purposes then be the Eligible NWPAC Area. SECTION 6.ARBITRATION. Only those organizations listed in Exhibit No. 5 in Northwest Lawsuit Settlement—Enrique Armenta, et al, vs BedevelopmentAgency of the City of San Bernardino, et al, dated August 2, 1984 are eligible to vote. Prior to each NWPAC Election, the NWPAC Election Committee will review and revise Exhibit No. 5 for additions and deletions as to the community-based organizations then in existence within the Eligible NWPAC Area. Within fifteen (15) days after the date that the NWPAC Election Committee has submitted its additions to or deletions from Exhibit No. 5 to the Agency, the Agency may declare that it believes the change does not conform to this subsection of Article IV and may refer the matter to arbitration pursuant to Code of Civil Procedures 1141.0 et se g. Applicable California Rules of Court, and the Rules of Judicial Arbitration as promulgated by the Superior Court of San Bernardino County, all as may hereafter be amended. The arbitrator will be as agreed to by the Agency and the PAC,but must be either a retired judge or a member of the Business Litigation Arbitration Panel of the said Superior Court. In the event that the Agency and the PAC cannot agree on the selection of an arbitrator, they shall agree to an appointment of such an arbitrator by a third party. If the Agency does not make the declaration referred to above within a fifteen (15) day period, the alteration made by the NWPAC shall be deemed approved. In connection with all elections of the NWPAC, the NWPAC shall ensure that the organizations listed on Exhibit No. 5, are organizations which: 1) have addresses or post office boxes in the Eligible NWPAC Area;and 2) have ten (10) or more members;and 3) are not created for the purpose of voting in the NWPAC Elections. Each such community-based organization shall be entitled to one (1) vote. - 9—Operating. Bylaws.091107.doc Northwest R�edeelopment Project area Committee SECTION 7. CONDUCT OF MEMBERS. An Ad Hoc Committee shall be appointed by the Chairperson of the NWPAC to develop a Code of Conduct for all NWPAC members. The Code of Conduct shall be in line with the Code of Conduct for elected officials. ARTICLE V- BUDGET SECTION 1. BUDGET. Upon presentation of a complete budget of the PAC,and upon approval by the Common Council, funds which are necessary for its operation shall be allocated to the Committee by the Common Council. Such allocation may include equivalent resources for a PAC office (to be located in the Area or Sixth Ward),equipment and supplies,and with the approval of the PAC,legal counsel, and adequate staff,all as may be required for the purposes set forth in Health and Safety Code 33386. The Budget and Finance Committee shall have the responsibility of developing an annual budget for review and approval by the PAC and submission to the Common Council of the City. Sixth Ward City Council representative shall be invited to the PAC meeting for presentation of budget prior to submitting to Common Council for approval. ARTICLE VI - OFFICERS AND ANNUAL ELECTIONS SECTION 1. OFFICERS. The officers of the PAC shall be Chairperson,Vice Chairperson,Secretary, Treasurer,and Parliamentarian. SECTION 2. CHAIRPERSON. The Chairperson shall preside at all meetings of the PAC and shall submit such recommendations and information at such meetings as he/she may consider proper concerning the business,affairs,and policies of the PAC.The Chairperson shall counter-sign all resolutions,approved minutes,checks,contracts,and other legal documents of the PAC upon approval of the PAC by a motion adopted by a majority of the PAC present at any regular or special meeting. SECTION 3.VICE CHAIRPERSON.The Vice Chairperson shall perform such as 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. The Vice-Chairperson may countersign checks with the Chairperson and Treasurer. SECTION 4. SECRETARY.The Secretary shall keep the records of the PAC,act as Secretary of the meetings of the PAC,record all votes,keep a record of the meetings in a journal of proceedings. The Secretary shall act as Parliamentarian in absence of Parliamentarian. SECTION 5.TREASURER. The Treasurer shall have the care and custody of all PAC funds received, shall deposit the same in the name of the PAC in such bank or credit union as the PAC may select,and shall pay out and disburse all monies authorized by the PAC;all non-recurring costs shall be approved through a motion.All checks shall be signed by the Treasurer and counter-signed by the Chairperson or Vice Chairperson.A Treasurer's Report shall be presented to the membership at all regular meetings. The Treasurer shall chair the Budget and Finance Committee. - 10—Operating. Bylaws.091107.doc Northwest Redevelopment Project Area Committee SECTION 6.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,its Bylaws,or other rules and regulations, or which are incidental to the office held by such officers. SECTION 7. ELECTION OF OFFICERS.The Chairperson,Vice Chairperson,Secretary,and Treasurer shall be elected at the second PAC meeting after PAC elections of the designated year of the Sixth Ward Councilperson's election from among the members. If any vacancies occur during the four year term,a special election will be held to replace the vacant position (see Article VI,Section 8).The officers shall hold office for four years or until their successors are elected and qualified.The first term after approval of this amendment dated November 8,2004 will coincide with the remainder of the term of the Sixth Ward Councilperson. Each PAC member shall receive an officers' candidate list of persons wishing to run for office. Nominations will also be taken from the floor for each office. Upon closure of the nominations all PAC members will vote for all offices. The Chairperson will appoint two (2) tellers who will distribute four (4) slips of paper(one for each office) upon which each PAC member will vote. The tellers will collect,count,and report to the Chairperson the results of the election for each office as it occurs.The Chairperson will announce the results to the PAC and the new officers will immediately assume office. If no person receives 50 percent (50%) of votes plus one (11 votes) of the total PAC membership on the first ballot cast for an office,the person with the lowest vote total will be dropped. The voting shall be repeated with the remaining candidates in the next round.This process will be repeated until there are two candidates left and one of them receives 50 percent(50%) of the votes plus one,of the total PAC membership (11 votes needed). SECTION 8.VACANCIES. Should the offices of either the Chairperson,Vice Chairperson,Secretary, and Treasurer become vacant by death,resignation,retirement,or inability to serve, the PAC shall elect a successor from among the members at the next regular meeting,and such office shall be held for the unexpired terms of said office. SECTION 9. REMOVAL OF OFFICERS. If a reason to remove an officer exists,an Ad Hoc Committee shall be appointed to specify the reason for removal,and to present a motion to remove to the general membership. Under no circumstances shall an officer under consideration of removal appoint the Ad Hoc Committee. If the Chairperson is the subject of possible removal,the Ad Hoc Committee appointment shall be made in order by the office indicated in Sections 3,4,and 5. A motion to remove shall require the affirmative vote of at least eleven (11) members of the total PAC membership,at a regular or special meeting. ARTICLE VII -MEETINGS SECTION 1.NOTIFICATION. Public shall be notified of all meetings through newspaper announcements, through electronic media, community libraries and/or community calendars. - 11 —Operating. Bylaws.091107.doc I Northwest Project Area CommitteeII SECTION 2. ELECTION OF OFFICERS. On the second regular meeting in an election year, officers will be elected and the PAC shall request an audit of all financial records. SECTION 3. REGULAR MEETINGS. Regular meetings of the PAC shall be held without call on the second Monday of each month provided,however,should said day fall upon a legal holiday observed by San Bernardino City offices, then said meeting shall be held at the same time the following Monday thereafter ensuing which is not a legal holiday. The agenda for regular meetings shall be distributed to all members of the PAC not less than five (5) days prior to the scheduled meetings. SECTION 4. SPECIAL MEETINGS.The Chairperson or the Vice Chairperson may,when either deems it expedient,call a special meeting of the PAC for the purpose of transacting any business designated in the call.At the special meeting,no business shall be considered other than designated in the call. SECTION 5. QUORUM. The powers of the PAC shall be vested in the members thereof in office from time to time.A majority of the total PAC membership (not less than 11) shall constitute a quorum for the purpose of conducting the PAC's business, exercising its powers,and for all other purposes,but a less number may adjourn from time to time until a quorum is obtained. An affirmative vote by a majority of the members present(50%+1) and constituting a quorum shall be required for approval of any question brought before the PAC. SECTION 6. UNEXCUSED ABSENCES. If a member shall be absent without the consent of the PAC three (3) consecutive meetings or a total of four (4) meetings per calendar year,whether regular or special, such absences shall be considered an abandonment of office and shall bring about the retirement of the member so absenting himself.A member's absence shall be excused if,prior to the meeting from which said member will be absent,said member notifies the office of his/her intent to be absent and the reasons thereof, electronically, fax or written format,or by telephone and telephone message machine prior to beginning of session.At each meeting,during the roll call, the Chairperson and/or Vice Chairperson shall report to the Committee the name of any member who has so notified the office of his/her intent to be absent. SECTION 7. 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. Approved resolutions shall be filed in the official book of resolutions of the PAC. SECTION 8. ROBERT'S RULES OF ORDER.All rules of order not herein provided for shall be determined in accordance with Robert's Rules of Order. Precedence of Motions. When a motion is before the PAC,no motion shall be entertained except: 1) to adjourn, 2) to fix hour of adjournment, 3) to lay on the table, 4) for the previous question, 5) to amend or present a substitute motion, 6) to postpone (continue) to a certain day, 7) to refer,and 8) to postpone indefinitely. - 12—Operating. Bylaws.091107.doc Northwest Redevelopment Project Area Committee The foregoing motions shall have precedence in the order indicated above. Explanation of Motions. 1) Motion to adjourn (not debatable)--A motion to adjourn shall be in order at any time,except as follows: a.when repeated without intervening business or discussion, b.when made as an interruption of a member while speaking, c. when the previous question has ordered,and d. while a vote is being taken. A motion to adjourn to a specified time shall be debatable only as to the time to which the meeting is adjourned. 2) Motion to fix hour of adjournment—The purpose of a motion to fix the hour of adjournment is to set a definite time at which to adjourn.The motion is un-debatable and amendable except as to the time set. 3) Motion to table—The purpose of motion to table is to temporarily bypass the subject.A motion to lay on the table is un-debatable and shall preclude all amendments or debate of the subject under consideration. If the motion shall prevail,the matter may be "taken from the table"at any time. 4) Motion for previous question—The purpose of a motion for the previous question is to close debate on the main motion. It is un-debatable Gust stating"question" or"call for the question" does not accomplish the same thing.) If the motion fails, debate is reopened;if the motion passes, then there shall be a vote on the main motion. 5) Motion to amend (debatable only as to amendment) is in order, but one to amend an amendment to amendment is not.An amendment modifying the intention of a motion is in order,but an amendment relating to a different matter shall not be in order.A substitute motion on the same subject is acceptable.Amendments shall be voted first,then the motion as amended shall be voted. 6) Motion to postpone to a certain day—This motion is self-explanatory and debatable. 7) Motion to refer—This motion is self-explanatory and debatable. 8) Motion to postpone indefinitely—This motion is self-explanatory and debatable - 13 –Operating. Bylaws.091107.doe Northwest Redevelopment Project Area Committee SECTION 9. PUBLIC COMMENT.At every regular or special meeting,members of the public will be provided an opportunity to address the PAC on any listed agenda item. Individual comments will be limited to three (3) minutes. Under the"Public Comment",the public may bring forth a non-agenda item. If the public has a new agenda item to bring forth to the PAC,that item can be discussed under new business. However,no item can be voted upon if it is not on the agenda.A non-agenda item may be referred to appropriate committee for review and may placed on the agenda for the next meeting. SECTION 10. POSTING OF AGENDA.All agendas and notification of a regular or special meeting of the PAC shall be posted Public shall be notified of all meetings through newspaper, electronic media, community libraries and/or community calendars. Posting will be at least 72 hours before such meeting. For a special meeting, such posting shall be at least 24 hours before such meeting. ARTICLE VIII - PARLIAMENTARIAN SECTION 1. PARLEMENTARIAN. The Parliamentarian will be appointed by the Chairperson and approved by the PAC. The Parliamentarian shall have the responsibility of monitoring the PAC meetings for compliance with and enforcement of"Robert's Rules of Order." The Parliamentarian shall render decisions on request for points of order from members or by interrupting the proceedings to call attention to any violation of Robert's Rules of Order.The Parliamentarian shall have the authority/responsibility of addressing any member who may be out of order while PAC business is being conducted. A decision by the Parliamentarian shall be final,except,when such decision is voided by a motion to waive the rule in question and adopted by the PAC. If a PAC member's demeanor at a regular or special meeting is causing unnecessary and unreasonable interruption,delay and an inability to effectively conduct the scheduled PAC: business, the Parliamentarian shall recommend to the Chairperson(or the Vice Chairperson if so presiding) that the member be censured by the PAC for such actions. Any motion to censure shall require the affirmative majority vote of members in attendance at the meeting(50 percent plus one).A motion of censure which is passed shall be recorded in the minutes of the meeting. Parliamentarian may request the censured member remove themselves or be removed from the meeting. ARTICLE IX-AMENDMENTS SECTION 1.AMENDMENTS OF BYLAWS.The Bylaws of the PAC shall be amended only upon the affirmative vote of at least eleven (11) members of the Committee at a regular or special meeting,but no such amendment shall be adopted unless at least five days'written notice thereof has previously been given to all members of the PAC. Such notices shall identify the section or sections of the Bylaws proposed to be amended and which amendment is being proposed for each section or sections. ARTICLE X- COMMITTEES SECTION 1. STANDING COMMITTEES. The Planning and Development Committee shall review and recommend to the PAC on all issues pertaining to all planning and development in the Area and the Sixth Ward.The Building and Safety Committee shall review and recommend to the PAC on all issues pertaining to adherence of all government,building,health,and safety codes in the Area and the Sixth Ward. The Election Committee shall be responsible for ensuring election procedures are followed and shall work in conjunction with the City Clerk's Office. The Community Relations Committee shall be responsible for reviewing public items for proceeding agendas and provide information to the public concerning the PAC,and other Area meetings and events.The Public Relations Committee shall review,recommend and approve all public relations materials. The Budget and Finance Committee shall review and recommend all financial issues concerning the PAC.The - 14—Operating. Bylaws.091107.doc Northwest R.edevelopme t Project Area Committee Intergovernmental Affairs Committee shall review,discuss,report to,and make recommendations for approval by the PAC as a whole concerning issues/actions affecting redevelopment in the Project Area and Sixth Ward taken by other area governmental/ quasi-governmental bodies. Such bodies shall include but not be limited to the San Bernardino County Board of Supervisors,San Bernardino City Council, San Bernardino City EDA,SANBAG, CALTRANS,SCAQMD,IVDA,and SCAG. Committees shall consist of three to five members.A quorum constitutes 50 percent plus one of members in attendance. All PAC members must volunteer to serve on at least one committee.Those PAC members who do not volunteer to serve on a committee shall be appointed to a committee. SECTION 2.ADHOC COMMITTEES.Adhoc Committees are temporary bodies to review and recommend to the PAC on all specific issues that may not be addressed by standing committees.The committees shall consist of three to five members.A quorum constitutes 50 percent plus one of members in attendance. SECTION 3. APPOINTMENT TO COMMITTEES. The Chairperson shall determine the need for ad hoc committees and duration of the same. He/she shall name the ad hoc committees and provide to the PAC,in writing,with the name and function of said committee and their membership.The Chairperson shall also appoint the members to the standing committees and shall so advise the PAC in writing. The Chairperson shall have the right to remove members from any committee and replace them with other members. All PAC members must volunteer to serve on at least one committee.Those PAC members who do not volunteer to serve on a committee shall be appointed to a committee. ARTICLE XI - EFFECT SECTION 1. EFFECT.These Bylaws shall become effective upon initial adoption of a majority vote of the PAC and shall remain in effect until dissolution of the PAC. A quorum constitutes 50 percent plus one of members. SECTION 2. SEVERABILITY. If any part or provision of these Bylaws is in conflict or inconsistent with applicable provisions of federal or state statues, or is in otherwise held to be invalid or unenforceable by any court of competent jurisdiction, such part or provision shall be suspended by such applicable law or regulations,the remainder of these Bylaws shall not be affected thereby. Amended January 29, 1987 Amended November 19,2002 Amended November 8,2004 Amended August 14,2006 Amended August 13,2007 Amended September 10,2007 - 15 — Operating. Bylaws.091107.doc ATTACHMENT II RESOLUTION NO. 84-221 Resolution No. 84-221 RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SAN BERNAR.DINO ESTABLISHING CONDITIONS FOR THE NORTHWEST REDEVELOPMENT PROJECT AND IN / SETTLEMENT OF THAT LITIGATION ENTITLED ARMENTA et / al v. REDEVELOPMENT AGENCY, etc., et al S.B.C., S.C. No. 212494 WHEREAS, on July 7, 1982, the Common Council of the City of San Bernardino adopted and approved the Redevelopment Plan for the Northwest Redevelopment Project Area by Ordinance No. MC-189; and WHEREAS, pursuant to the Community Redevelopment Law of the State of California (Health & Safety Code SS 33000 et seq.), the Redevelopment Agency of the City of San Bernardino (hereinafter "the Agency") is charged with the responsibility of carrying out the Redevelopment Plan for the Northwest Redevelopment Project Area (hereinafter "the Project Area"); and WHEREAS, an action entitled Armenta, et al v. Redevelopment Agency etc. et al; San Bernardino County Superior Court No. 212494 has been filed challenging the validity of the Plan; and WHEREAS, the Common Council of the City of San Bernardino (the "Council") desires to settle and resolve the above entitled litigation; and WHEREAS the parties to the above-entitled action have agreed to a STIPULATION OF DISMISSAL, a copy of which is attached hereto as Exhibit No. 1; and WHEREAS, the Council in enacting the Resolution is acting in reliance on said STIPULATION OF DISMISSAL and carrying out of its terms in good faith by the parties thereto; and WHEREAS, this Resolution shall be construed in accordance with the following recitals of the Council's interest: (a) It is not the intent, and never has been the intent of the Agency to acquire for redevelopment purposes more than nine residential properties in the Northwest Redevelopment Project Area by means of eminent domain. (b) With respect to the exercise of eminent domain by the Agency, it is the intent of the Agency to waive its right of eminent domain for redevelopment purposes, (1) as to all presently residential properties in the �l Project Area with the exception of the nine \ residential properties mentioned above, and (2) until March 1, 1988 as to the five (5) presently commercial properties described in Exhibit No. 2, attached hereto -1- (c) Nothing in this resolution is meant to prohibit the Agency from using eminent domain in order to carry out the public purposes which the City of San Bernardino could carry out if there were no Redevelopment Plan for the Northwest Redevelopment Project Area. (d) Nothing in this resolution is meant to prohibit the Agency and any property owner from agreeing to utilize eminent domain proceedings in connection with the acquisition of property by the Agency. (e) It is a goal of the Agency and of the parties to the above- entitled action, to develop a sense of community identity within the Project Area, and to improve employment opportunities, and econmic stability and productivity within the Project Area. (f) The Council confirms its objectives, as stated in the above-described Redevelopment Plan, as follows: (1) To the greatest extent possible, priority shall be given to residents of the project area for opportunities of training and employment arising from any contract in connection with the redevelopment project. (2) To the greatest extent possible, contracts within the redevelopment project area shall be awarded to business concerns which are located in, or owned by persons residing in, the redevelopment proejct area. (g) The Council confirms that it intends to carry out those objectives as described in said Plan: (1) "To the greatest extent feasible, opportunities for training and employment arising from any contract for work to be performed in connection with the Project shall be given to the lower-income residents of the Project Area." (Plan, p. 32) (2) "To the greatest extent feasible, contracts for work to be performed in connection with the Project shall be awarded to business concerns which are located in, or owned in substantial part by persons residing in, the Project Area." (Plan, pp. 31-32). NOW, THEREFORE, THE COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Exemption From Eminent Domain Pursuant to the authority granted to the Agency to exempt properties from its power of eminent domain by Section 33399 of the Health & Safety Code, the Council does hereby declare: -2- (a) (i)That the Agency is authorized to acquire no more than nine (9) residential properties in the Project Area by eminent domain as shown in Exhibit No. 2 attached hereto, as provided in Resolution No. 4350 previously adopted by the Agency on July 19, 1982. All other presently residential properties located within the Project Area are exempt from acquisition by eminent domain under the Redevelopment Plan by the Agency. The Redevelopment Agency of the City of San Bernardino shall have no power of eminent domain as to the residential properties exempted by this Section l(a)(i) except for those public uses for which the City of San Bernardino would be able to exercise eminent domain if there were no Redevelopment Plan for the Northwest Redevelopment Project Area, for the duration of the Redevelopment Plan for the Northwest Redevelopment Project Area, or any amendments, or extensions thereof. As used in this Resolution, the term "residential properties" means a complete parcel of land together with a structure presently being used for residential purposes whose use is not changed, or all or any part of a structure presently being used for residential purposes whose use is not changed. (ii) The commercial properties described in Exhibit No. 2 attached to this Resolution and by reference made a part hereof, are exempt from acquisition by means of eminent domain under the Redevelopment Plan until !March 1, 1988, and during said period, the Redevelopment Agency of the City of San Bernardino shall have no power of eminent domain as to the commercial properties so described except for those public uses for which the City of San Bernardino would be able to exercise eminent domain if there were no Redevelopment Plan for the Northwest Redevelopment Project Area, for the duration of the Redevelopment Plan for the Northwest Redevelopment Project Area, or any amendments or extensions thereof. As used in this Resolution, the term "commercial properties" means a complete parcel of land together with a structure presently being used for its present commercial purpose as described in Exhibit No. 3, whose use is not substantially changed; or all or any part of a structure presently being used for its present commercial purpose as described in Exhibit No. 3, whose use is not changed. (b) With respect to the residential properties and the commercial properties exempted from eminent domain pursuant to Section 1 subdivision (a), above, the Agency shall not request or cause the City of San Bernardino to exercise its power of eminent domain in order to take any of the residential properties or the commercial properties exempted herein. As used herein, the term "Agency" means the members of the Redevelopment Agency of the City of San Bernardino acting in such capacity. (c) During the period of time in which the residential properties and commercial properties are exempt from the Agency's power of eminent domain as described in Section 1, -3- subsection (a), above, and to the extent necessary to prevent their being taken by eminent domain by the Agency, the residential properties and commercial properties described in said subsection (a) shall be deemed to be non-conforming uses under the Redevelopment Plan and the Agency shall allow them to remain in their present use and allow any structure so exempted to remain in their present structural form, whether or not the said residential properties and commercial properties comply with the City's General Plan or the zoning or design standards for the Northwest Redevelopment Project Area. (d) Nothing in this section shall constitute a waiver or restriction on the right of the City or the Agency to take action including condemnation, with respect to violations of City or Agency codes or standards which are found to be a danger to the public health or safety, including those the City could abate in the absence of the Redevelopment Plan for the Northwest Redevelopment Project Area. (Nevertheless, the power of the Agency will not be used to take any exempted property which is rendered contrary to the City's Zoning Ordinance as the result of Agency action). Nothing in this section shall prevent the City or the Agency from utilizing eminent domain with the consent of the property owner, or from paying relocation benefits as required by law. Section 2. Employment and Job Training (a) The Agency shall assist the Project Area Committee in obtaining information regarding existing and potential job training programs and shall to the extent reasonable and practical aid in obtaining access to providers of potential job training programs for the residents of the 6th Ward. (b) The Agency shall use all appropriate and reasonable means to provide employment for project area residents for any activity in the Project Area, which is under the direct control of the Agency. Section 3. Project Area Committee (a) (i)The technical procedure for the election of the members of the Project Area Committee shall be established within thirty (30) days from the filing in the Superior Court of the Judgment attached hereto as Exhibit No. 4 by the City Clerk, Who shall be advised by the Councilman of the 6th Ward and a representative of the plaintiffs. (ii) The Agency, on behalf of the Common Council, shall within sixty (60) days of the filing of the Judgment attached hereto as Exhibit No. 4, call upon the residents and existing community organizations of the Northwest Redevelopment Project Area to form a Project Area Committee. The Agency shall so call upon the Project Area residents by notifying them by mail, and such other means as the Agency may determine, of -4- the method, place, date and time of the said election and further notifying them that the Project Area Committee shall be representative of the residential owner occupants, residential tenants, businessmen, property owners and members of existing organizations within the Project Area. The Project Area Committee shall consist of twenty-one members and shall be representative of the residential owner occupants, residential tenants, businessmen and property owners and existing organizations, all in the Project Area. The Project Area Committee may also include representatives who reside or have businesses within the 6th Ward as it is presently constituted, but not in the Project Area. Insofar as feasible, the technical procedures for the election of the members of the Project Area Committee shall be designed to assure the representation as described above and shall not be inconsistent with the procedures and policies set forth herein. Those entitled to vote for the members of the Project Area Committee shall be (1) residential owner occupants residing in the Sixth Ward, as presently constituted, (2) Residential tenants residing in the Sixth Ward, as presently constituted, (3) Businessman with business in the Sixth Ward, as presently constituted, (4) owners of property located in the Sixth Ward, as presently constituted, and (5) representatives of existing organizations in the Sixth Ward, as presently constituted, but only those organizations listed in Exhibit No. 5 attached hereto. Each such organization shall be entitled to one (1) vote. (iii) The first election of the members of the Project Area Committee shall be conducted by the City Clerk. The election shall be held in one central location in the project area. Thereafter, the Project Area Committee shall establish its own technical election procedures by means of its By-Laws and shall follow those procedures in conducting its election. Those procedures shall not be inconsistent with the procedures and policies set forth herein, and the Project Area Committee shall insure that the representation of its members and electors shall remain as set forth in this Resolution for the life of the project area committee. (iv) In connection with all elections subsequent to the initial election of the Project Area Committee, the Project Area Committee shall insure that the organizations listed on Exhibit No. 5 are organizations which (A) have addresses (or post office boxes) in the Sixth Ward, as presently constituted, (B) have ten (10) or more members, and (C) are not created for the purpose of voting in the Project Area Committee elections. Within fifteen (15) days after the Project Area Committee has submitted its additions to or deletions from Exhibit No. 5, the Agency may declare that it believes the change does not conform to this subsection (iv) and may refer the matter to arbitration pursuant to Code of Civil Procedure 9 1141.10 et sec., applicable California Rules of Court, and the -5- Rules for Judicial Arbitration as promulgated by the Superior Court of San Bernardino County, all as may hereafter be amended. The arbitrator will be as agreed to by the Agency and the Project Area Committee, but must be either a retired judge or a member of the business litigation arbitration panel of the said Superior Court. In the event that the Agency and the Project Area Committee cannot agree on the selection of an arbitrator, they shall agree to an appointment of such an arbitrator by a third party. If the Agency does not make the declaration referred to above within the fifteen day period, the alterations to Exhibit No. 5 made by the Project Area Committee shall be deemed approved. (b) Once the initial election has been held, the newly elected members of the Project Area Committee shall select their terms of office by lot. Ten (10) members' terms shall be for two years and eleven (11) members' terms shall be for four years. (c) If the City Clerk is satisfied that the initial election has been conducted without substantial irregularity, he or she shall indicate to the Common Council that such is the case and recommend its approval of the Project Area Committee. The Agency shall join in such recommendation. The Common Council shall consider its approval of the Project Area Committee pursuant to Health & Safety Code S 33385 and this Resolution after each Committee election, and said Project Area Committee shall be deemed approved if the Common Council does not affirmatively disapprove it by the expiration of fifteen (15) days after the Common Council receives the official results of the election from the Project Area Committee. (d) Members of the Project Area Committee shall serve without compensation. (e) The Project Area Committee shall continue to exist up to the end of the twelfth year after the adoption of the Redevelopment Plan for the Project Area and shall continue to be, or caused to be in existence, for any additional period during which the Northwest Redevelopment Plan reflects that the Agency shall have power of eminent domain. Notwithstanding any other provision of this subsection (e), the Project Area Committee shall remain in existence, if the City Council does not, at some time during the eleventh year after the adoption of the said Plan (July 7, 1993 - July 7, 1994), vote to disband said Committee, effective at the end of the twelfth year after said adoption (July 6, 1995). If the Project Area Committee remains, or is in existence pursuant to this resolution beyond July 6, 1995, then the City Council may vote to disband said committee on two (2) years' notice. If the boundaries of the Northwest Redevelopment Project Area are altered, opportunities for membership on the Project Area Committee shall be changed so as to conform to the new boundaries. �fi� (f) Upon presentation of a complete budget of the Project Area Committee, and upon approval by the Common Council, funds which are necessary for its operation shall be allocated to the Committee by the Common Council. Such allocation may include equivalent resources for a committee office (to be located in the Project Area), equipment and supplies, and with the approval of the Project Area Committee, legal counsel, and adequate staff, all as may be required for the purposes set forth in Health be Safety Code S 33386. (g) The Agency shall cause a member of its staff to be present at each Project Area Committee meeting of which the Agency is given adequate notice and a request for such presence by the Project Area Committee, so that information regarding new proposals and ongoing projects (including information in the hands of Agency staff regarding: eminent domain proceedings, employment opportunities, Agency plans for residential facilities, Agency plans for replacement housing and other policy matters affecting the residents, businesses and organizations, all in the 6th Ward), may be provided to the Committee (but no more than once per month, unless agreed to by the Director of the Agency or designated representative). The Agency through its staff, consultants and/or Agency members shall, give notice of pending actions affecting the residents of the Project- Area by giving the Project Area Committee the same notice as that received by the Agency members, which notice shall be communicated by the same means as provided to Agency members. Such notice shall be made to the address and/or telephone number provided by the Project Area Committee. Said Committee shall also provide an alternate address and telephone number. Notwithstanding any other provision of this subsection (g), the Agency may consider any urgent non-agenda item brought before it so long as no less than two hours before such consideration, the Agency calls the Project Area Committee at the telephone numbers provided by said committee to inform the committee of the item to be considered. If neither of the telephone numbers provided answers, then upon documentation of the fact that the telephone calls were attempted and would continue to be attempted, the Agency may consider and act upon the item at any time after two hours from the first of said attempts. The Agency and its staff will stand ready to consult with the Project Area Committee on the above-described matters. Whether or not the Project Area Committee has consulted with the Agency regarding the matters set forth herein, the Agency may take such action on said matters as it deems appropriate. The Project Area Committee shall have no veto power over any decision by the Agency or Common Council. Section 4. Inclusion in By-Laws The Project Area Committee shall include this Resolution in its By-Laws and it shall be binding on said Committee. -7- Section 5. Ambiguity Any ambiguity which may be found to exist regarding this Resolution including its Recitals shall be interpreted in accordance with the intention set forth in the Recitals, with the intent to permanently resolve and terminate the above- entitled lawsuit and the issues raised therein, and as to matters not specifically treated herein, with the intent to comply with the Community Redevelopment Law. Section 6. When Resolution Effective This Resolution is adopted on the date recited below. Nevertheless, it shall be effective only when the Judgment attached hereto as Exhibit No. 4 is filed in the Superior Court of San Bernardino County. Such Judgment shall be a final, non- appealable judgment resolving all of the issues raised therein and determing that the Redevelopment Plan for the Northwest Redevelopment Project Area is in all respects valid and legal, including all actions of the Agency and the City taken in adoption and implementation of the said Redevelopment Plan, and entitling the Agency to the receipt of all taxes to be allocated to the Agency pursuant to the terms of the Plan. Section 7. Resolution a Part of the Judgment The Judgment shall not be effective (and this Resolution shall not be effective) unless it contains by reference the provisions of this Resolution, fully agreed to by all of the parties, and all of the parties shall acknowledge as part of the judgment that it is entered into for the purposes of settlement and resolution of the action. APPROVED and I DO TED by the Common Council of the City of an ernardino on this /,� day of , 1984. Mayor Approved as to form this day of of , 1984. Ralph Prince, City Attorney By: ,,'� Allen Briggs s a City Attorney Weiser, Kane, Ballmer & Berkman By: James Dexter Clark 150/35-8 -8- ,I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San. Bernardino at a regular meeting thereof, held on the 18th day of June 1984 by the following vote, to wit: AYES: Council Members Castaneda, Reilly, Hernandez, Marks, Frazier, Strickler NAYS: None ABSENT: Council Member Quiel City Clerk The foregoing resolution is hereby approved this day of June 1984. Mayor of the C ty of San Bernardino -9- i �It - • It j� I C. Robert Ferguson Attorney at Law 2 301 E. Colorado Blvd., Suite 600 Pasadena, CA 91101 3 (818) 795-4181 4 Attorney for Plaintiffs 5 Ralph Prince City Attorney, City of San Bernardino 6 City Hall 300 North "D" Street, Room 668 7 San Bernardino, Calif. 92418 8 William A. Flory Furness, Flory 3c Middlebrook 91 150 West 5th Street, #101 San Bernardino, Calif. 92401 10 James Dexter Claris 11 Weiser, Kane, Ballmer ac Berianan 354 S. Spring St., Suite 420 12 Los Angeles, CA 90013 13 Attorneys for Defendants, 14 Edward F. Taylor 310 East Citrus Avenue 15 Redlands, Calif. 92373 16 Attorney for Interested Persons 17 18 SUPERIOR COURT OF THE STATE OF CALIFORNIA 19 FOR THE COUNTY OF SAN BERNARDINO 20 21 ENRIQUE ARMENTA, et al, ) 22 Plaintiffs ) No. 212494 23 vs. j STIPULATION RE: JUDGMENT 24 REDEVELOPMENT AGENCY OF THE ) CITY OF SAN BERNARDINO, et al, ) 25 ) D of endants 26 ) 27 28 /// i I WHEREAS, 2 1. On July 7, 1982, by Ordinance No. MC-1.89, the COMMON COUNCIL OF 3 THE CITY OF SAN BERNARDINO adopted and approved the Redevelopment Plan 4 for the Northwest Redevelopment Project Area; 5 2. On September 2, 1982 the Plaintiffs herein, namely ENRIQUE 6 ARMENIA, JUAN MARTINEZ, PAUL SMIT, and the WESTSIDE HOMEOWNERS 7 AND TENANTS ASSOCIATION together with Albert Lumpkin filed the above- 8 entitled action challenging the validity of the said Redevelopment Plan for the 9 Northwest Redevelopment Project Area adopted by said Ordinance No. MC-189; 10 3. Within the time allowed therefor the Defendants REDEVELOPMENT 11 AGENCY OF THE CITY OF SAN BERNARDINO, CITY OF SAN BERNARDINO, 12 COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, COUNTY OF SAN 13 BERNARDINO, AUDITOR-CONTROLLER OF THE COUNTY OF SAN 14 BERNARDINO appeared herein. 15 4. On August 11, 1983, defendants CLYDE ALEXANDER, JOHN DUKES, 16 RICHARD GREGG, NORRIS GREGORY, TALMAGE HUGHES, HARRY JACKS, 17 SAMUEL JOHNSON, VALERIE POPE LUDLAM, HER.SEL PIERCE, FRANK TILLIE, 18 GERALD WARNER and DR. TITUS WHITE appeared herein as interested persons 19 pursuant to C.C.P. Sections 861-862; 20 5. The parties and their attorneys have agreed upon mutually acceptable 21 terms for the settlement of the within action; 22 6. The Interested Parties and Defendants REDEVELOPMENT AGENCY OF 23 THE CITY OF SAN BERNARDINO, CITY OF SAN BERNARDINO and the COMMON 24 COUNCIL OF THE CITY OF SAN BERNARDINO (hereinafter the "City 25 Defendants") desire to obtain a judgment herein validating the Northwest 26 Redevelopment Plan and Ordinance No. MC-3 89; 27 7. Plaintiffs desire, pursuant to said judgment, to obligate the City 28 Defendants to carry out and abide by certain terms and conditions as more -2- I particularly set forth in the Resolution which is attached hereto as Exhibit "A" and 2 incorporated herein by reference as if fully set forth at this point. 3 NOW THEREFOR, IT IS HEREBY STIPULATED by and between the parties and their 4 attorneys that: 5 1. The City Defendants shall, within 35 days after executing this 6 Stipulation, bring or cause to be brought the Resolution attached hereto as Exhibit 7 "A" before the Defendant REDEVELOPMENT AGENCY OF THE CITY OF SAN 8 BERNARDINO for its approval or disapproval. g 2. If Defendant REDEVELOPMENT AGENCY OF THE CITY OF SAN 10 BERNARDINO adopts said Resolution in the form attached hereto, then the Superior 11 Court of the County of San Bernardino upon being presented with a certified copy of 12 the adopted Resolution, shall, further, file the Stipulated Judgment, the original of 13 which is attached hereto as Exhibit "B." 14 3. It is stipulated and agreed by all of the parties to this action as follows: 15 Each of the parties to this action agrees that they will not retaliate against 16 any other party, or its "supporters" because of that other party's involvement in this 17 action. "Supporters" of a party means, as to the Plaintiffs, the individuals listed in 18 Exhibit "C" to this Stipulation, and, as to the Defendants, their officers, officials 19 and employees. In the event that an action is brought by a party to this action, or 20 any supporter, against a party, alleging that an act or acts have been undertaken for 21 the purpose of retaliating against the plaintiff in such action because of the said 22 plaintiff's involvement in this action, and if the said plaintiff proves said allegation, 23 resulting in a final judgment in favor of said plaintiff, then said plaintiff shall be 24 entitled to his reasonable attorneys fees, but only to the extent that they were 25 necessary to prove the said claim. On the other hand if the said plaintiff does not 26 prevail and if the court, pursuant to a motion brought, determines that the said 27 allegation was made without substantial justification, then the defendant(s) in said 28 -3- i 1 action shall be entitled to reasonable attorneys fees, but only to the extent they 2 were necessary to defend against the claim and to bring the said motion. 3 4. The parties agree that the plaintiffs shall be awarded attorney fees in 4 the total amount of $26,500.00 and that said amount shall be the entire amount 5 awarded to the plaintiffs as attorney fees, costs and/or expenses. 6 5. Plaintiffs herein hereby waive any and all rights to their costs and/or 7 expenses on appeal in that appeal in this action entitled Albert Lumokin et al vs. 8 Redevelopment A.Zency of the City of San Bernardino et al; Clyde Alexander et al 9 vs. Albert Lumokin et al 4 Civ. No. 29769. 10 6. The Parties to this action, and each of them, hereby waive and surrender 11 any and all rights to appeal the judgment attached hereto further agree that the 12 judgment in the form attached shall be final. 13 This Stipulation may be signed in duplicate originals, the total of such signed 14 duplicate originals constituting the entire agreement. 15 16 Dated: , 1984 THE PLAINTIFFS 17 e- 18 �(ENRIQUE MENTA 19 --" 20 JUAN Y1.A�'I'INEZ Attorney for Plaintiffs � 21 22 C. ROBERT FERGUSON 23 f PAUL SMIT 24 25 WESTSIDE HOMEOWNERS AND TENANTS ASSOCIATION 26 27 BY: 28 -4- I THE CITY DEFENDANTS 2 REDEVELOPMENT AGENCY OF THE Attorney for the City Defendants CITY OF SAN BERNARDINO 3 RALPH PRINCE, City Attorney FURNESS, FLORY do MIDDLEBROOK Xj 4 WEISER, KANE, BALLMER do BERKMAN BY: - Executive Director 5 BY: 6 James Dexter Claris THE CITY OF SAN BERNARD AND 7 THE COMMON COUNCIL OF Approved as to Form: 8 Allan K. !Marks BY: 9 County Counsel 10 THE COUNTY DEFENDANTS I I BY: Deputy County Counsel THE COUNTY OF SAN BERNARDINO AND THE AUDITOR THEREOF 12 13 BY: 14 THE INTERESTED PARTIES 15 16 CLYDE ALEXANDER JOHN DUKES 17 SAMUEL JOHNSON RICHARD GREGG 18 19 VALERIE POPE LUDLAM NORRIS GREGORY 20 HERSEL PIERCE TALMAGE HUGHES 21 22 FRANK TILLIE HARRY JACKS 23 GERALD WARNER DR. TITUS WHITE 24 25 Attorney for the Interested Parties 26 27 Edward F. Taylor 28 150/35-8 -5- ImoI-I-�_� fit'�� \,,� �/s� ,�� •Z. \�:. II I' I �•`������ PROJECT AREA B �PROJECT AREA A f L / J Vii • Y[ ./ //�� � //�///G// )'`�j �f �/ ^M �j/�//��• 7 r�>�/�i �'.j;� fir'�1-- �-�� .�'V / .>.r•• � // =J.-ter_' �� ./� 4/ j:�'/ • ,�r r- � ; '' /•PVU ��', `•.�I may• ��� j� //!�` 1/3�'`/j!��� � /��.• i �I- �''i �. � '' � \I��.�_.ham..-.�. LEGEND: --_�` ,j��% _](I ` t—' `�( � ♦ `r'-f�� ,.r.,.'� �- �_�f i� '/ I' If f III -� �•� RCDCVCLOrfrEwT � , __ 11 '- II I. �. �, i }:.�_-, ` �� .� ►ROJECT IOUMOAAT Property exempt %:/�� r• �L ;� M.by Section 1(a) X�� /i�, —� L •=i': r•� I „ t�tsE '�E sr. ; No Of ResolutlOn j-E/ ` / f/}ji I r f r, ///��f JI ��---�7r—�r.---1r_— —I Z177 f- OIL I If is I: �I F�(�—• .� �__ ��' I' 3M C94 MORTf� SCJtF h t•EET Project Bou-ndar;��s ��; ip��ir✓ i b` r' r � ;J ii .;`•:�'tr��� tt ill��•�::' ��:1' >> ,� THE REDEVELGPL'EN*r OF 'I { C:I I F X H I3 7^' 2 BUSINESS OWNER ADDRESS PHONE # USE 1. Highland Avenue 'Ted Binney 1680 W. Highland Ave. 887-4615 Lumber & Lumber & Hardware San Bndo, CA 92411 Hardware- Retail 2. Smits' Lawn Mower Paul Smit 2101 W. Highland Ave. 887-2715 Small & Small Engine San Bndo, CA 92411 887-2715 Motor- Retail & Repair 3. A.M.C. Music- 1705 W. Baseline Ave. 885-5180 Music- Alvins' Music San Bndo, CA 92411 885-5180 Retail C ent er 4. Marty's Dugout Juan Martinez 2105 N. Mt. Vernon Ave. 886-8387 Restaurant/Bar 5. John's Liquor John Hernandez 1580 N. Mt. Vernon Ave. 885-2101 Package Liquor-Retail Exhibit 3 1 2 3 4 5 6 7 SUPERIOR COURT OF THE STATE OF CALIFORNIA 8 FOR THE COUNTY OF SAN BERNARDINO' 9 10 11 ENRIQUE ARMENTA, et al, ) 12 Plaintiffs ) No. 212494 13 vs. ) JUDGMENT ON STIPULATION FOR ENTRY OF JUDGMENT. 14 REDEVELOPMENT AGENCY OF THE ) CITY OF SAN BERNARDINO, et al, ) 15 ) D of endants ) 16 ) 17 18 In the above-entitled cause, plaintiffs, Enrique Armenta, Juan Martinez, Paul 19 Smit and Westside Homeowners and Tenants Association, and Defendants, 20 Redevelopment Agency of the City of San Bernardino and City of San Bernardino, 21 Common Council of the City of San Bernardino County of San Bernardino, Auditor 22 of the County of San Bernardino, and Interested Parties having stipulated that 23 Judgment be entered validating the Northwest Redevelopment Project and the 24 Redevelopment Plan adopted for such Project by the Common Council of the City of 25 San Bernardino Ordinance No. MC-189 of July 7, 1982, 26 1T IS HEREBY_' ORDERED, ADJUDGED, AND DECREED: 27 1. That the City of San Bernardino Ordinance No. MC-189 is lawful and 28 valid in all respects and without qualification. T.°vu TMTT A 1 2. That the Northwest Redevelopment Project and the Redevelopment Plan 2 for such Project adopted by Ordinance No. MC-189 of the City of San Bernardino 3 are lawful and valid and without qualification. 4 3. That the implementation of the Northwest Redevelopment Project and 5 the Redevelopment Plan for such Project by the Redevelopment Agency of the City 6 of San Bernardino from the adoption of Ordinance No. MC-1 89 through and including 7 the adoption of Agency Resolution No. is lawful and valid, and without 8 qualification. 9 4. That the allocation and payment of tax revenues and other funds to the 10 Redevelopment Agency of the City of San Bernardino for the Northwest 11 Redevelopment Project, pursuant to the California Community Redevelopment Law, 12 Article XVI, Section 16 of the California Constitution, and such other laws or 13 regulations which specify the powers and authority of the Agency, and the receipt 14 and expenditure of such funds by the Redevelopment Agency for the Northwest 15 Redevelopment Project are lawful and valid, and without qualification. 16 5. That the plaintiffs and the Redevelopment Agency of the City of San 17 Bernardino are obligated to carry out terms and conditions of Resolution No. 18 adopted by the Redevelopment Agency of the City of San Bernardino on 19 , 1984 which are included in this Judgment by reference and agreed 20 to by all of the parties herein. The plaintiffs are obligated to take or cooperate in, 21 all actions reasonably necessary on their part to assist the Agency in good faith in 22 carrying out Resolution No. and to carry out the terms required of them. 23 The Redevelopment Agency and any and all successors thereto are lawfully 24 obligated to carry out and accomplish the terms and conditions of Resolution No. 25 The obligations of this paragraph shall last for the duration of the 26 Redevelopment Plan for the Northwest Redevelopment Project Area and any 27 amendments, supplements or extensions thereof. 28 /// 1 6. Pursuant to stipulation, attorneys' f ees and costs are awarded to 2 plaintiffs in the amount of $26,500.00, which award shall be the only award of costs, 3 fees, and expenses of whatever nature, and no other award of costs, fees, or 4 expenses shall be allowed herein: 5 7. The judgment is pursuant to stipulation by the parties, final and 6 non-appealable. 7 Dated: , 1984. 8 9 Judge of the Superior Court 10 Approved: 11 C• Robert Ferguson 12 13 Attorney for Plaint—iffs 14 Ralph Prince, City Attorney 15 Furness Flory & Middlebrook Weiser, Kane, Ballmer & Berkman 16 17 By` Attorney for Defendants 18 Agency, City and Common Council 19 20 Edward Taylor 21 22 Attorney for Interested Parties 23 Allan K. Marks 24 County Counsel 25 By: 26 Deputy County Counsel Attorneys for Defendants 27 County and Auditor 28 150/35-9 -3- C7�QUr P.4. $4X Xvt;nia ret�oi� piano, CA 52315 Sat? se-nard3no' CA 92402 ;3.0. B4X S,2n S?rrtardinr_, CA 42401 , American L�.g' = past 710 Hi gfl tanQ i,'i Li Z T i eS of the Ya;i e;� #-s2 ESL_{G2 4u reac;z p-p rar San &enardfro, g2+a5 II44 5±� St. d^4S ' �" �sz1SCJtt St- ,5ce- Se;t 3er^ardi no, L 3 .c ., : -a t_ CA A. ph�.T11O �E4�1 a n •+�+ �L:�..��iv� � 9G�t1 r4 � "LiA v1'77 '-��.T7 L.�7 � S�j._ .. y ;rot '2 c;a ncd4r`_ r=Qr}'�svn Ar�Ox:�23d C�'�= �,GgQ Li :ass- rGicrado � 4u •�'3 art. yen. Ak2 tL `vC_ s San a�rr+ar`4,no . v a, C.� ^I1 tj= .CSC 5qy' s 4b of an rdio San Sernardi,' r I:'C W. Ninth r> *or t#+Q Ad- �uszress .1s�ac:,aLe� a� :��ree,. < aytonal Asscc- CA 92 I: Norz.*.�st _ San 8es-rrs!'dTtT�J, :tarcn: of Co?ared io0 i:'� C o cd` Cry y . Taylor or t ��.AACP r - 1 Ave Black Hi stcry Parade, �nC. 3?C LaS 4 C,tru59, San gernardina• CA g2411 San �ernardin,C, CA �" 1 I Attn: carry Jac' s Via.+Oral C,vnci ; o` ye;ro �O�r, Inc, Ii i7 S- Lincoln Casa Ramona San ?ernard i lt:. 1524 ii, 7th St. . ! xi can Cha�nb�r Of Sar Ur•nardina, CA ►��QJ `�,,.. i-ii c^{': ?Viia?_ "3�?. 3.4t, Vernon �iV�eft�rn,o. n ration c;annd Nance Cov0 S4 ,f f C IE;L C ti. �z j 455 'd_ IBth St. San A.ernardino, CA . San aer;nardiro, CA 92405 dae 417 I-eigh,borrood Housing '704 k: Sth St. Services �i:Aat� y. SrtTi rS _ + pan U*��rd�ra, 2?U2 fit. Cr-jena Ave. San 6e;*sardfina, CA 32dV �a tj'S'_i e2 �i: =41t1? Ly „ ., y yram Fri ends of � rat't :. , - r. /' e� Branca L'brary San ie 8t`' San Bernardino z �a�,u A�.R_ Housing Authority i •J7 �i. 3 5he'• ic ' S �v1�r* it-3Z Sart Bev-nardina, CA 925 I704 W: 20th St. Swe of 14e i chborl y Services Sar, 3er 2,411 nr Cdr�t0, Cx 839 yr:. W,.. 'Vernan Aye. { tart Be._nd�t-dfrr0, CA 92411 19.60 % `:? I s Z`3�3i� W. G�}aTc's S rd;no, CA 921, 1 Inland �pTre �iatk �n 3e'�a' De=crati C Club Cl t.a P.O. Sax 728 �; � < r. � � 2794 '4. 7tn St, .pan BernardInO, r :2 i1 L r. 6t'44'i^_, C ; �A r, �zppa A i pNa PS ZCyl ki 24th � S anS �uD , ­MT Me9 ATTACHMENT III 19846 TH WARD MAP Map Printed: 1/14/2008 3:25 PM Prepared By:Ruth Parish,City of San Bernardino,IT Department,909-384-5947 File:l:\County-N ewParcel s\MXDs\EDA-IV DA\NorthwestPac-8x 11.mxd Coordinate System: NAD 1983 StatePlane California V FIPS 0405 Feet Projection:Lambert Conformal Conic ;4 9LL NORTHPARK 1 r / 48TH �- — — — I 48TH U % Li ` t U L w , 41 /-----J �. 40TH 41 OGDEN G z w � F 30TH ,-- 30 H Q y 27TH n o w � �- IGHLAND a 16TH w � w W ALN T 1 W d � d 13TH BASE LINE U BASE LINE t. d U U n � 9TH 9TH .---- ETI_ AND - 4� 49 k The street database is copyrighted and reproduced i O with permission granted by THOMAS BROS.MAP. I z $moo All other layers were created and are owned by the y City of San Bernardino. It is unlawful to copy or 4 > 4TH reproduce all or any part thereof,whether for E" gD 3RD personal use or resale,without the prior,written 3 C permission of the City of San Bernardino. .,. 104'1 -* City of San Bernardino - 6th Ward as it was in 1984 ATTACHMENT IV PROTEST LETTER S T'E"W A R? D . C'U N N I W G J3-i 7 North_Ceisty Avenue.. S'an•BeaiRrizio;:,C'?�.g24o7: 23 June 2008 Thom.,gog-8802&. E-maiG f: Patrick Morris, Mayor snkc-uiriMT @veriioai iet .,.... . City of San Bernardino 300 North `D' Street San Bernardino, CA 92418 Re: Northwest Redevelopment Project Area Committee (NWRPAC) Elections 12 June 2008 Dear Mayor Morris; COPY It is the purpose of this letter to register a formal written protest of the above referenced election and the results thereof. In registering this protest I am respectfully requesting that you (the Mayor) and the Common Council reject certification of the election' s results and that the Economic Development Agency of the City and the NWRPAC be directed to reconduct the election in conformance with the terms and conditions set forth in the Armenta judgment' s settlement ' agreement. My request is based on the following facts: 1. The technical procedures followed for this election constituted a significant departure from previously established procedures used in prior NWRPAC elections. Albeit Sec. 3 (a) iii of the Redevelopment Agency of the City of San Bernardino Resolution 4630 gives the NWRPAC authority to set election procedures for elections subsequent to the first election they must not be inconsistent with the procedures used in that first election per Sec. 3 (a) iii . The departure from and inconsistency with prior established procedure constitutes a violation of the settlement agreement. 2. The technical procedures used in the 12 June 2008 NWRPAC election were enacted by the NWRPAC in September of 2007. The procedures were the work of the standing Election Sub-committee. Records indicate that the committee as a whole was only given the opportunity to vote the procedures up or down and their input in the development of the same was actively discouraged by NWRPAC leadership. Furthermore, membership of the Election Sub- committee, appointed by the chairman of the committee as a whole, consists of 6 members three of whom are currently sitting officers of the NWRPAC including the chair and 4 of the members were up for re-election on 12 June 2008 including -the sub- committee' s chair. While there is nothing per se that is illegal with regard to the sub-committee' s make-up, the fact that the procedures enacted at their behest were, substantially different from those used in prior elections, inconsistent with the settlement agreement and resolution 4630, and that the election was conducted some 8 months late effectively extending the terms of a majority of sub-committee members certainly gives rise to a situation that can only be construed as highly unethical. 3. The polls for the 12 June 2008 NWRPAC election were open for only 4 hours, a substantial reduction from previous elections hours. This reduction is hardly conducive with accommodating the over 15, 000 potential NWRPAC electors and represents and undue hardship on the same discouraging participation in the electoral process. 4. Section 3 (b) of Resolution 4630 clearly states, `that the terms of office for NWRPAC members shall be 10 members serving 2 year terms and 11 members serving 4 year terms' . As this election was for 10 members it would follow that these were 2 year terms. The election materials sent out to the community for this election however cited that these seats were to be for 4 years. This is a direct departure from and a conflict with Resolution 4630. The Resolution, incorporated into the settlement agreement is, by order of the court, - non-amendable. Furthermore, the Resolution is required to be incorporated into the NWRPAC' s bylaws and as such any provisions contained therein are not amendable by the NWRPAC. 5. The newly enacted technical procedures used in the 12 June 2008 election changed the boundaries for the 6th Ward taking them back to how they were configured at the time of the Resolution' s enactment in 1984 . This boundary change resulted in the exclusion of a significant number of potential electors residing in the Ward as presently configured and caused residents currently residing in wards other than the 6th to be eligible to vote and hold office. This change is in direct contravention with the provisions set forth in Secs. 3 (a) ii, iii, and iv of City Resolution 4630 and therefore constitutes a violation of the settlement agreement and judgment. In light of the preceding facts I again ask the Common Council of the City of San Bernardino to take the actions necessary to set aside the 12 June 2008 NWRPAC election and its results, and direct the Economic Development Agency of the City of San Bernardino and the NWRPAC to amend its election procedures so as to conform with the terms of the Armenta judgment and re-conduct the election. This request shall not be construed by any party to be a waiver of any rights that I may have with regard to further action concerning this matter. Most cordially, r Stewart D. Cumming SDC/kac Cc: Rachel Clark, City Clerk Wendy McCammack, Councilwoman 7th Ward Rikke Van Johnson, Councilman 6th Ward Chas Kelley, Councilman 5th Ward Tobin Brinker, Councilman 3rd Ward Dennis Baxter, Councilman 2nd Ward Esther Estrada, Councilwoman Ist Ward James Penman, City Attorney Emil Marzullo, Director Economic Development Agency City of San Bernardino RO o, Counsel ATTACHMENT V STAFF RESPONSES s i Responses to protest letter from Mr. Cumming dated June 23, 2008, for NWPAC election conducted on June 12,2008: I. Background Notes For purposes of this analysis the Mayor and Common Council Resolution No. 84-221, Commission Resolution No. 4630 and the Judgment on Stipulation for Entry of Judgment are sometimes collectively referred to as the "Settlement Documents". Mayor and Common Resolution No. 84-221 and Commission Resolution No. 4630 are virtually identical for all purposes and were adopted for the purpose of including both public entities into the settlement process as embodied in the Settlement Documents. Separate and apart from anything contained in this Response, Mr. Stewart Cumming as the party submitting the protest (the "Claimant") is not a (i) residential owner occupant, (ii) residential tenant, (iii) property owner, or (iv) a representative of a non-profit or community service organization within the boundaries of the adopted Northwest Redevelopment Project Area as currently existing nor is said Claimant a resident or a business owner within the 6th Ward as it was constituted in 1984 as of the date of the execution and approval of the Settlement Documents. However, the Claimant is a member of the Northwest Redevelopment Project Area Committee ("NWPAC") whose term commenced in 2005 and will expire as of the conclusion of the NWPAC elections to be conducted in or about October 2009. The Claimant was a member of the NWPAC when the Operating Bylaws as identified in the protest letter were adopted by the NWPAC and had input and publicly commented upon the Operating Bylaws when such were considered and approved by the NWPAC. As a result of the NWPAC amendments to the Operating Bylaws in an effort to conform with the Settlement Documents, the Claimant does not have standing to present the protest of the items identified in the protest letter, and the legal position of the Claimant is indistinguishable from any other member of the general public at large. Therefore, the Claimant has no standing to file the protest as further discussed in these Responses. However, all the points raised by the Claimant will be addressed as set forth below. II. Analysis and Statements of Fact and Proposed Findings for the Mayor and Common Council Paragraph 1. — The Mayor and Common Council ("Council') adopted Resolution No. 84-221 on June 18, 1984, and established election procedures for the initial election of the NWPAC as conducted after the date of adoption of Council Resolution No. 84-221. Said Resolution states as follows in Section 3(a)(iii): "The first election of the members of the Project Area Committee shall be conducted by the City Clerk. . . Thereafter, the Project Area Committee shall establish its own technical election procedures by means of its By-Laws. . ." Therefore, only the initial election of the NWPAC was required to be conducted by the City Clerk. The Redevelopment Agency of the City of San Bernardino (the "Agency") has conducted elections for several project area committees ("PACs") in other redevelopment project areas of the Agency since the requirement of Health & Safety Code Section 33385 was imposed upon all redevelopment agencies in California. No other elections for PACs have been conducted by the City Clerk. All such elections 1 have been conducted by Agency Staff utilizing informal procedures to assure that each proposed redevelopment project area or an amendment to existing redevelopment plans, as applicable, were properly represented by the categories of residents, business owners and community organizations as set forth in Health& Safety Code Section 33385. Contrary to the allegations of the Claimant, there is nothing in the Council Resolution or the Settlement Documents that requires subsequent elections to be consistent with the requirements of the initial election of the NWPAC. The election procedures as followed for the June 12, 2008,NWPAC election do not constitute a violation of the Settlement Documents. Paragraph 2. — There was nothing unethical with regard to the manner in which the June 12, 2008, election was conducted. The procedures utilized are those contained in Article IV of the amended Operating Bylaws. There is included in Section (2)(f) of Article IV a proposed time line with the approximate time frames for the election process which may be shortened or lengthened as deemed appropriate. Section 2 of Article IV further provides a significant amount of detail as to the eligibility criteria for persons seeking to serve on the NWPAC and the qualifications for the various categories of representation on the NWPAC. The fact that the NWPAC members required extensive debate on the proposed Operating Bylaws amendments in mid-2007, and, in an effort to enable the officers of the NWPAC and the Agency Staff to resolve all issues in preparation for the upcoming elections, forced the NWPAC election to be delayed by several months. The officers of the NWPAC sought to be certain that all NWPAC members understood the amended Operating Bylaws and their implications. The fact that the NWPAC members, together with Agency Staff, would be conducting the upcoming election rather than the City Clerk's office, caused the NWPAC members to be extremely conservative in their approach to assure a non-controversial election. Previously, the NWPAC merely delegated all responsibilities for the NWPAC elections to the City Clerk's office. Agency Staff has determined that there was nothing illegal or unethical with the manner in which the election procedures were developed or implemented. Paragraph 3. —There was no undue hardship caused by the hours during which the polling location was open for the June 12, 2008, election nor was participation in the election discouraged. Contrary to the allegations in the protest letter from the Claimant, the amended Operating Bylaws clearly provide for absentee ballots to assure the maximum participation in the NWPAC election process. The fact that the polling location was open for four (4) hours did not prevent any eligible voter from participating in the election through the absentee ballot method. Agency Staff has determined that the election procedures and the hours of operation of the polling locations did not discourage participation in the electoral process and were consistent with past practices of the Agency in similar PAC elections. Paragraph 4. — Section 3(b) of Resolution No. 84-221 only deals with the initial election of NWPAC members. This Section established a methodology pursuant to which the initial NWPAC membership would be divided nearly equally so that every two (2) years at each biennial election approximately one-half of the NWPAC membership would be subject to the election process. If the interpretation would be as suggested in this paragraph of the protest letter, then every two (2) years ten (10)NWPAC members would be subject to election and every four (4) years all twenty-one (21) members would be 2 I II it subject to election. The intent of the language as included in the Resolution No. 84-221 was merely to provide a mechanism solely for the initial election with the NWPAC to then adopt procedures to assure the ordering function of the NWPAC board through each subsequent election process. The Settlement Documents thus always intended the terms of each NWPAC board member to be four (4) years so that approximately one-half of the members would be subject to election every two (2) years. The combination of the 2-year/4-year term language as contained in the Resolution No. 84-221 is typical operative language for an initial seating of board members as applicable to any type of elected or appointed entity. The allegations in this Paragraph 4 are without merit and if interpreted as proposed in the protest letter would not assure the orderly continuation of the activities of the NWPAC. The Agency Staff has determined that subsequent to the initial election process, it is proper and appropriate for the NWPAC to have members with four (4) year terms to assure the continuity of approximately one-half of the membership through each election process. Paragraph 5. —The NWPAC has been informed on numerous occasions by Agency Staff regarding its status as a PAC under the provisions of Health& Safety Code Section 33385. As such,the NWPAC is bound by the provisions under said Code Section which provide the basis of the formation and continued existence of any PAC. It must be emphasized that the NWPAC has as its primary jurisdictional area that of the Northwest Redevelopment Project Area. The relationship of the NWPAC and the 6th Ward must be placed in proper perspective. Resolution No. 84-221, Section 5, states that it is "the intent to comply with the Community Redevelopment Law." Furthermore, said Section 5 further provides that any ambiguities in the interpretation of Resolution No. 84-221 are to be interpreted in accordance with the intent set forth in the Recitals to said Resolution. The significance of the intent of the Recitals are the following primary points: (i) limitations on eminent domain, (ii) develop a sense of community identity within the Project Area, (iii) improve employment opportunities and economic stability and productivity within the Project Area, (iv) priority for employment training within the Project Area, and (v) contract preferences for residents and businesses in the Project Area. Therefore, the Council must not be inappropriately influenced by minor procedural issues that are far afield from the stated intents of the Council when Resolution No. 84-221 was adopted in 1984. Section 3(a)(ii), second paragraph, of Resolution No. 84-221 states as follows with regard to the mandatory elements of NWPAC membership qualifications: "The Project Area Committee shall consist of twenty-one members and shall be representative of the residential owner occupants, residential tenants, businessmen and property owners and existing organizations all in the Project Area." (emphasis added) This same paragraph further provides an optional source of additional membership to the NWPAC if the NWPAC decides to expand the areas from which eligible members may be obtained. Said Section 3(a)(ii), second paragraph, further states as follows: 3 "The Project Area Committee may also include representatives who reside or have businesses within the a Ward as it is presently constituted, but not in the Project Area." (emphasis added) It was the intent of the Resolution No. 84-221 to comply with the requirements of the Health & Safety Code Section 33385 and provide the opportunity, if deemed desirable by the NWPAC, to expand a limited amount of membership to other residents and business owners within the 6th Ward as the boundaries of the 6th Ward existed in 1984. The boundaries of the City of San Bernardino seven (7) wards are modified every ten (10) years as the result of the federal decennial census. Thus, the boundaries of the 6th Ward were changed in the early 1990's and then again after the year 2000 federal decennial census. The NWPAC has the sole right at anytime by an amendment of the Operating Bylaws to limit the eligible membership for the next biennial election to only those individuals and organizations within the Northwest Redevelopment Project Area and thus properly excluding any participation from influences outside the Northwest Redevelopment Project Area. City of San Bernardino records indicate that the address of the Claimant at 4377 North Cristy Avenue was in the County unincorporated areas of San Bernardino County as of 1984 and was not annexed to the City of San Bernardino and did not become a part of the 6th Ward until several years after the adoption of the Resolution No. 84-221. Additionally, 4377 North Cristy Avenue is not located in the Northwest Redevelopment Project Area. III. Proposed Findings and Determinations. For the reasons set forth in the analysis as provided above, Agency Staff recommends that the Mayor and Common Council adopt a Resolution addressing the following issues: 1. That the protest as filed by Mr. Stewart D. Cumming dated June 23, 2008, as to the NWPAC biennial election as conducted by Agency Staff is overruled in its entirety for the reasons set forth in the Agency Staff analysis. 2. That the biennial election as conducted by Agency Staff for the NWPAC on June 12, 2008, was properly called, held and conducted. 3. That the amended Operating Bylaws as adopted by the NWPAC are proper and appropriate in all respects, and the Mayor and Common Council ratify the election procedures as included in the amended Operating Bylaws and as implemented for the biennial election as conducted on June 12, 2008. 4. That only the initial election was to be conducted by the City Clerk and subsequent biennial elections may be conducted in such manner as shall be determined by the NWPAC, and such authority was properly delegated by the Mayor and Common Council to the NWPAC pursuant to Resolution No. 84-221. 5. That the NWPAC may properly limit eligible membership on the NWPAC to those categories of membership located within the Northwest Redevelopment Project Area, and, at the option of the NWPAC, the NWPAC may either permit or exclude, at its sole option, 4 participation in the NWPAC to residents and businesses located within the 6th Ward as it existed in 1984. 6. That the NWPAC properly amended its Operating Bylaws to specify the categories of eligible membership in the NWPAC and properly eliminated the cross-over voting as required pursuant to Health& Safety Code Section 33385(d)(1). The inclusion of At-Large members of the NWPAC is appropriate under the circumstances due to the large number of required seats on the NWPAC and the necessity to have a pool of elected representatives to replace other elected NWPAC members, as necessary. 7. That the election as conducted on June 12, 2008, by Agency Staff did not contain any irregularities that would cause this Mayor and Common Council to reject the election results as presented. 8. That the formation and continued existence of the NWPAC is unique in that the NWPAC has continued its activities for twenty-four (24) years since its inception as contrasted to all other PACs previously formed in the City of San Bernardino. Such other PACs were formed and continued in existence only through the redevelopment project area formation and adoption process and were later disbanded due to lack of subject matter to be brought before such PACs. 9. That the Claimant, Mr. Stewart Cumming, lacks standing to file the protest in that the Operating Bylaws as amended conform with the language of the Settlement Documents and thus preclude Mr. Cumming from further participation in the NWPAC after the expiration of his current term on the NWPAC as a residential owner whose residential property is not within the Northwest Redevelopment Project Area nor within the 6th Ward as it was originally constituted in 1984. 5 rr COP U , I RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 3 OF SAN BERNARDINO MAKING CERTAIN FINDINGS AND DETERMINATIONS REGARDING THE BIENNIAL ELECTION OF THE 4 NORTHWEST REDEVELOPMENT PROJECT AREA COMMITTEE ELECTION AS CONDUCTED ON JUNE 12, 2008, AND OVERRULING A 5 WRITTEN PROTEST TO SAID ELECTION 6 WHEREAS, the Northwest Redevelopment Project Area Committee ("NWPAC") was duly 7 formed pursuant to the Mayor and Common Council of the City of San Bernardino ("Council") 8 Resolution No. 84-221, as adopted on June 18, 1984, and Resolution No. 4630 as adopted by the 9 Redevelopment Agency of the City of San Bernardino (the "Agency") on June 18, 1984; and 10 WHEREAS, said Resolutions of both the Council and Agency, together with the Judgment 11 on Stipulation for Entry of Judgment are sometimes referred to collectively as the "Settlement 12 Documents" and serve as the basis for the continuation and administration certain aspects of the 13 NWPAC as delegated to the NWPAC; and 14 WHEREAS, the NWPAC has adopted its amended Operating Bylaws which are attached to 15 this Resolution as Exhibit "A"; and 16 WHEREAS, the NWPAC has conducted its biennial election for ten (10) seats on the 17 NWPAC which election was conducted on June 12, 2008, and the election results of such biennial 18 election are attached hereto and included in the Staff Report as Exhibit "B"; and 19 WHEREAS, the Operating Bylaws require this Council to accept or reject the biennial 20 election results within thirty (30) days after such election results have been presented to the Council; 21 and 22 WHEREAS, a certain written protest of the biennial election as conducted on June 12, 2008, 23 was timely filed as of June 23, 2008, and said written protest is attached hereto as Exhibit "C" and 24 an Agency Staff analysis and recommendations regarding said written protest are also attached 25 hereto as Exhibit"D"; and 26 WHEREAS, the NWPAC is unique from all other project area committees ("PACs") 27 previously, formed for the adoption of other redevelopment project areas, and has continued 28 4815-2246-5794.1 1 °� P\Agendas\Resolutions\Resolutions\2008\07-21-08 NWPAC Election Results MCC Reso.doc 7 V I existence for twenty-four (24) years since inception whereas other PACs have terminated their 2 existence soon after the adoption of the applicable redevelopment project area; and 3 WHEREAS, it is appropriate for this Council to make certain findings and determinations 4 regarding (i) the biennial NWPAC election as conducted on June 12, 2008, (ii) the amended 5 Operating Bylaws and the implementation of said Bylaws as consistent with the purposes and 6 intents of the Settlement Documents, (iii) the manner of voting at the NWPAC biennial election and 7 the eligible categories for membership in the NWPAC including the limitations as to the boundaries 8 from which members may participate in the NWPAC, and (iv) to overrule the written protest as 9 filed. 10 NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE 11 MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, AS FOLLOWS: 12 Section 1. The recitals as set forth above are accurate and correct in all respects. 13 Section 2. This Council hereby approves the form of the Operating Bylaws as most recently 14 adopted by the NWPAC and attached hereto as Exhibit "A" and finds and determines that such 15 Bylaws are consistent with the purposes and intents of the Settlement Documents and the applicable 16 provisions of Health & Safety Code Section 33385. 17 Section 3. This Council hereby accepts the election results as set forth in Exhibit "B" to this 18 Resolution and directs the NWPAC to seat such recently elected members at the next monthly 19 meeting of the NWPAC for the duration of the elected terms as set forth in the Staff Report included 20 within said Exhibit "B". 21 Section 4. (a) This Council hereby reject the written protest as filed against the biennial 22 election as conducted on June 12, 2008, as said written protest is attached hereto as Exhibit "C" 23 based upon the Staff analysis and recommended findings and determinations as set forth in Exhibit 24 "D". 25 (b) The Council hereby find and determine, based upon the substantial evidence as 26 presented to this Council at the regular meeting at which time this Resolution was adopted, as L 27 follows: 28 4815-2246-5794.1 2 P.\Agendas\Resolutions\Resolutions\2008\07-21-08 NWPAC Election Results MCC Reso doc 1 1. That the protest as filed by Mr. Stewart D. Cumming (the "Claimant") dated June 23, 2 2008, as to the NWPAC biennial election as conducted by Agency Staff is overruled 3 in its entirety for the reasons set forth in the Agency Staff analysis as attached hereto 4 as Exhibit "D"; and 5 2. That the biennial election as conducted by Agency Staff for the NWPAC on June 12, 6 2008, was properly called, held and conducted; and 7 3. That the amended Operating Bylaws as adopted by the NWPAC are proper and 8 appropriate in all respects, and the Council hereby ratify the election procedures as 9 included in the amended Operating Bylaws and as implemented for the biennial 10 election as conducted on June 12, 2008; and 11 4. That only the initial election was to be conducted by the City Clerk and subsequent 12 biennial elections may be conducted in such manner as shall be determined by the 13 NWPAC, and such authority was properly delegated by this Council to the NWPAC 14 pursuant to Resolution No. 84-221; and 15 5. That the NWPAC may properly limit eligible membership on the NWPAC to those 16 categories of membership located within the Northwest Redevelopment Project Area, 17 and, at the option of the NWPAC, the NWPAC may either permit or exclude, at its 18 sole option, participation in the NWPAC to residents and businesses located within 19 the 6th Ward as it existed in 1984; and 20 6. That the NWPAC properly amended its Operating Bylaws to specify the categories 21 of eligible membership in the NWPAC and properly eliminated the cross-over voting 22 as required pursuant to Health & Safety Code Section 33385(d)(1); and the inclusion 23 of At-Large members of the NWPAC is appropriate under the circumstances due to 24 the large number of required seats on the NWPAC and the necessity to have a pool of 25 elected representatives to replace other elected NWPAC members, as necessary; and 26 7. That the election as conducted on June 12, 2008, by Agency Staff did not contain any 27 irregularities that would cause this Council to reject the election results as presented; 28 4815-2246-5794.1 3 P:\AgendasUResolutions\Resolutions\2008\07-21-08 NWPAC Election Results MCC Reso.doc i i I and 2 8. That the formation and continued existence of the NWPAC is unique in that it has 3 continued its activities for twenty-four (24) years since its inception as contrasted to 4 all other PACs previously formed in the City of San Bernardino; and such other 5 PACs were formed and continued in existence only through the redevelopment 6 project area formation and adoption process and were later disbanded due to lack of 7 subject matter to be brought before such PACs. 8 9. That the Claimant, Mr. Stewart Cumming, lacks standing to file the protest in that the 9 Operating Bylaws as amended conform with the language of the Settlement 10 Documents and thus preclude the Claimant from further participation in the NWPAC 11 after the expiration of his current term on the NWPAC as a residential owner whose 12 residential property is not within the Northwest Redevelopment Project Area nor 13 within the 6t" Ward as it was originally constituted in 1984. 14 Section 5. This Resolution shall take effect from and after the date as required by the City 15 Charter of the City of San Bernardino. 16 17 18 19 20 21 22 23 24 25 26 1 1 27 28 4815-2246-5794.1 4 P:\Agendas\Resolutions\Resolutions\2008\07-21-08 NWPAC Election Results MCC Reso.doe I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO MAKING CERTAIN FINDINGS AND 2 DETERMINATIONS REGARDING THE BIENNIAL ELECTION OF THE 3 NORTHWEST REDEVELOPMENT PROJECT AREA COMMITTEE ELECTION AS CONDUCTED ON JUNE 12, 2008, AND OVERRULING A 4 WRITTEN PROTEST TO SAID ELECTION 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 6 Common Council of the City of San Bernardino at a meeting thereof, held on 7 the day of , 2008, by the following vote to wit: 8 9 Council Members: Ayes Nays Abstain Absent 10 ESTRADA 11 BAXTER 12 BRINKER 13 DERRY 14 KELLEY 15 JOHNSON 16 MC CAMMACK 17 18 Rachel G. Clark, City Clerk 19 20 The foregoing Resolution is hereby approved this day of 2008. 21 22 Patrick J. Morris, Mayor City of San Bernardino 23 24 Approved as to Form: 25 By: 26 es F. Penman, City Attorney 27 28 4815-2246-5794.1 5 P:Wgendas\Resolutions\Resolutions\2008\07-21-08 NWPAC Election Results MCC Reso.doc i s I i I EXHIBIT "A" AMENDED OPERATING BYLAWS 2 OF THE NWPAC 3 (to be attached to official version) 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 dR15_��d(_S'I9d 1 1 EXHIBIT "B" JUNE 129 2008, ELECTION RESULTS (attached) 2 AND AGENCY STAFF REPORT (to be attached to official version) 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4815-2246-5794.1 NWPAC Election Results of June 12, 2008 Eligible Organization Sandra Doyle, Joyce Smith Business Person/Property Owner Dolores Armstead Resident Owner Occupant Ida Newell, Randolph Riley, Sr. Resident Tenant Sylvia M. Miller, Phillip Moreno At-Large Harvey Gregory, Betty J. Wallace AWN I� i i i i I I i I 1 EXHIBIT "C" ELECTION PROTEST LETTER 2 DATED JUNE 23, 2008 3 (to be attached to official version) 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4R I S_7�dF_57Qd 1 i I i i 1 EXHIBIT "D" STAFF ANALYSIS OF PROTEST LETTER 2 AND RECOMMENDED FINDINGS AND DETERMINATION 3 OVERRULING SAID PROTEST (to be attached to official version) 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4815-2246-5794.1 21 July 2008 Mayor and Common Council COPY City of San Bernardino 300 North `D' Street San Bernardino, CA 92418 RE: REBUTTAL TO STAFF RESPONSES I . Background Notes As a resident of the 6th Ward as presently constituted and as a duly elected and sworn member of the Northwest Redevelopment Project Area Committee I do in fact have `Standing' . As such, the protest I filed concerning the election of 12 June 2008 and the fact that I and other residents of the 6t'' Ward as presently constituted were inappropriately excluded from participation in direct contravention of the "Settlement Documents" is a valid protest. II . Analysis and Statements of Fact and Proposed Findings for the Mayor and Common Council No challenge was raised that the City Clerk did not conduct the election. The elections conducted by the Agency for other PACs are irrelevant as the Northwest PAC is governed by not only Health and Safety Code Sec. 33385, but also the conditions set forth in the "Settlement Documents". While it is clear that only the first election be conducted by the city clerk the language of the "Settlement Docs" states that the clerk must certify the results to the common council prior to their acceptance or denial, this is not being done with this election. Debate on the bylaw changes was anything but extensive, involved direct attempts by Northwest PAC leadership to stifle debate, and was repeatedly characterized to the Committee membership as only effecting procedures in order to reduce costs and increase participation of the community by that same leadership. The bylaw changed was passed by the committee over my overt dissent. The "Settlement Documents" specifically provide that elections subsequent to the initial election be conducted according to procedures that are not inconsistent with the procedures and policies set forth herein. (emphasis added) It is obvious to even the casual observer that this election contained procedures that can easily be construed to be inconsistent. The term "as presently constituted" is an ambiguous term at best. As the "'Settlement Documents" are simply put, a contract between parties to an action agreed to in open court and subsequently ratified by a judge. Logic would dictate that to clear up the meaning one would look to the intent of the parties at the time of ratification. As the Settlement also contains language that specifically changes the eligibility for members residing in the "Project Area" to correspond to changes in the area' s boundaries it can be inferred that this same intent was applicable to the 6th Ward as a whole. Furthermore, when attempting to discern intent one must examine the parties prior course of dealings and it is fact that the City, Agency, and the PAC have conducted all prior elections with the boundaries in effect at the time of those elections despite the fact that boundaries for the 6th Ward had changed after 1990 and 2000 . This course of prior dealing belies the party' s intent . Additionally, the Settlement is crystal clear in its intent not to include residents or others residing outside the Project Area or 6th Ward and that was not the case in this election. The terms of office for PAC members is clearly delineated in the "Settlement Agreement" and as such the terms of office for the ten members elected on 12 June 2008 should have been for 2 years not 4 years this is an incontrovertible fact . This election was delayed not because the bylaws were being changed but because the City and Agency failed to provide the necessary funding to carry out said elections in a timely manner. Funding for the PAC is clearly the responsibility of the "Legislative Body" i.e. the Common Council (emphasis added) and not the "Agency" i.e. the RDA. This responsibility is clearly defined in both the Health and Safety Code and in the "Settlement Documents" yet, by staff admission in their response, is being provided by utilizing RDA set asides quite possibly in direct contravention of State law. III. Timeliness Being that it was and is within my rights to file a challenge over the election of PAC members conducted on 12JUN2008 and the procedures used to carry out the same and that I filed said protest within the statutory limitations contained in Health and Safety Code Section 33385 (d) 2 and that your response being made on 21 July 2008 is NOT (emphasis added) within the statutory limit for making such a response any such response is at best legally questionable. IV. Alternative Recommendation for Proposed Findings and Determination 1. That there was significant inconsistency with prior election procedures. 2 . That the procedures used were in direct contravention to the intent of the settlement agreement and stipulated judgment. 3. That the results of the 12 June 2008 Northwest Pac election NOT BE certified. 4. That the RDA and the Northwest PAC be directed to alter their election procedures to conform to the Stipulated Judgment and reconduct the election. It is my opinion that these findings and recommendations will continue to insure that the PAC is representative of the people it was intended to represent as well as prevent any further liability to the City with regard to the election in question. Respectfully submitted, Stewart D. Cumming 4377 N Cristy Avenue San Bernardino, CA 92407