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Home My WebLink AboutR38-Economic Development Agency " .' ECONOMIC DEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO FROM: Ronald E. Winkler, Director Development Department SUBJECT: 40m STREET REDEVELOPMENT PROJECT AREA ELECTION DATE: November 22, 1999 ORIGINAL ---------------------------~-------------------------------------------------------- Synopsis of Previous Commission/Couneil/Committee Action(s): On September 20, 1999 the Mayor and Common Council approved Resolution No. 1999-242 Adopting procedures-for the formation and election of a Project Area Committee for the proposed 40" Street Redevelopment Project. Recommended Motion(s): (Mavor and Common Council) MOTION: RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO FINDING THAT ALL APPLICABLE PROCEDURES WERE FOLLOWED IN THE ELECTION OF THE PROJECT AREA COMMITTEE FOR THE PROPOSED 40TH STREET REDEVELOPMENT PROJECT AREA ---------------------------------------------------------------------------------------------------- Contact Person(s): Project Area(s) Gary Van Osdel/ R. Winkler Proposed 40" Street Phone: 5081 Ward(s): Four (4) Supporting Data Attached: Ii!l Staff Report Ii!l Resolution(s) 0 Agreement(s)/Contract(s) 0 Map(s) 0 LetterlMemo FUNDING REQUIREMENTS Amount: $ N/A Source: SIGNA TORE: Budget Authority: coiiiiiiTssionlCi)iincUNotes'--------------------------------------------------------------------------------------------- -------------------------------------------------------------------------------------------------------------------------------------------- GVO:REW:SMM:lag:99-12-06 40th Procedures COMMISSION MEETING AGENDA Meeting Date: 12/06/1999 Agenda Item Number: --P...3 g " ECONOMIC DEVELOPMENT AGENCY STAFF REPORT --------------------------------------------------------------------------------------------------------------------- 40th Street Redevelopment Proiect Area Election BACKGROUND On September 20, 1999, the City Council adopted a resolution that established the "Procedures for the Formation and Election of the PAC" for the 40th Street Redevelopment Project Area ("Procedures") to maximize citizen participation in the adoption process of the Redevelopment Plan. The Project Area Committee ("PAC") is an elected body comprised of residential owner- occupants, residential tenants, business owners, and existing community organizations within the proposed 40th Street Redevelopment Project Area ("Project Area"). The California Community Redevelopment Law (Health and Safety Code Sections 33000, et sea.) ("CRL") requires that each group must be adequately represented based on the make up of the Project Area. The specific role of the PAC will be to review the proposed Redevelopment Plan for the 40th Street Redevelopment Project ("Redevelopment Plan"), and the PAC may prepare a report and recommendation to the City Council on the Redevelopment Plan. It is important to note that pursuant to the CRL, in the event that the PAC opposes the adoption of the Redevelopment Plan, the City Council must adopt the plan by a two-thirds vote, rather than a simple majority. After the Redevelopment Plan is adopted, the role of the PAC becomes that of an advisory board to the Redevelopment Agency on policy matters that affect the residents of the 40th Street Redevelopment ProjectArea. The PAC typically serves a three-year term after the adoption of the Redevelopment Plan, subject to one-year extensions granted by the City Council. A public meeting was held on October 21, 1999 at the Calvary Baptist Church in San Bernardino, to explain the establishment of, functions of, and opportunity to serve on the PAC. There were 9 seats available on the PAC in the following categories of representation: Categorv No. of ReDresentatives Residential Owner-Occupant Residential Tenant Business Owner (includes property owner) Existing Community Organization 2 2 4 -1 TOTAL 9 -------------------------------------------------------------------------------------------------------------------------------------------- GVO:REW:SMM:lag:99-12-06 40th Procedures COMMISSION MEETING AGENDA Meeting Date: 12/06/1999 Agenda Item Number: ~ d . Economic Development Agency Staff Report 40th Street Project Area Election November 10,1999 Page Number -2- --------------------------------------------------------------------------------------------------------------------- On November 4, 1999, the PAC election was held at the Calvary Baptist Church, during which the adopted Procedures were strictly followed. In accordance with the PAC Procedures, seven (7) prequalified candidates were running. A Residential Owner-Occupant candidate ran unopposed. The Business Owner category had six candidates running for four seats, and a Community Organization Representative also had no opposition. There were no candidates in the Residential Tenant category. A representative of the City Clerk was present at the meeting to ensure procedural compliance. The following persons stood for PAC membership under the categories listed below and the elected representatives are indicated with an asterisk (*): Residential Owner-Occupant Louise G. (Bonnie) Charlton* Residential Tenant No applications were received for this category. Business Owner James F. Cain* Chehab Elawar (Shab) Therese Finch Denise Flory* Chandu N. Patel* Lynn B. Ulmer* Existing Community Organization Merril E. Melvin, 30/40 Neighborhood Organization* Section 33385(d) of the CRL provides that the City Council shall adopt a finding that the procedures for the formation and election of the PAC for the Project Area were followed in the election of the PAC and determine the validity of all challenges within 30 days following the PAC election. CRL also requires that a challenge to the PAC election or the electoral process must be filed with the City Council no more than 15 calendar days after the PAC election. As stated above, the procedures for the formation and election of the PAC for the Project Area were followed in accordance with Resolution No. 1999-242, adopted by the City Council on September 20, 1999. No challenges to the PAC election or the electoral process have been received. GVO:REW:SMM:lag:99-12-06 40th Procedures COMMISSION MEETING AGENDA Meeting Date: 12/06/1999 Agenda Item Nnmber: .Dt- Economic Development Agency Staff Report 40`x' Street Project Area Election November 10, 1999 Page Number-3- --------------------------------------------------------------------------------------------------------------------- RECOMMENDED ACTION: Approve the attached resolution titled "Resolution of the City Council of the City of San Bernardino finding that all applicable procedures were followed in the election of the Project Area Committee for the proposed 40th Street Redevelopment Project Area." Ronald Winkler,Director Development Department -------------------------------------------------------------------------------------------------------------------------------------------- GVO:REW:SMM:lag:99-12-06 40th Procedures COMMISSION MEETING AGENDA Meeting Date: 12/06/1999 Agenda Item Number: k3y , ... ~(Q)~W RESOLUTION NO. 2 3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO FINDING THAT ALL APPLICABLE 4 PROCEDURES WERE FOLLOWED IN THE ELECTION OF THE PROJECT AREA COMMITTEE FOR THE PROPOSED 40TH STREET 5 REDEVELOPMENT PROJECT AREA 6 7 WHEREAS, the Mayor and Common Council of the City of San Bernardino ("Ci Council") and the San Bernardino Community Development Commission ("Commission") hav undertaken proceedings to adopt the Redevelopment Plan for the proposed 40th Stree 8 9 Redevelopment Project ("Redevelopment Plan"); and 10 11 WHEREAS, in connection with the proposed Redevelopment Plan, the City Counci 12 adopted Resolution No. 1999-242 on September 20, 1999, thereby adopting the "Procedure fo 13 Formation and Election of a Project Area Committee" ("Procedures") for the Redevelopmen Project Area and calling upon any or all residential owner-occupants, residential tenants 14 community organizations, and business owners within the 40th Street Redevelopment Projec 15 Area to form a Project Area Committee ("PAC"); and 16 17 WHEREAS, a public meeting was held on October 21, 1999, to explain the establishmen of, functions of, and opportunity to serve on the PAC as well as accept applications from tho 18 persons interested in serving on the PAC; and 19 20 WHEREAS, the election of a representative PAC was held on November 4, 1999; and WHEREAS, the Procedures adopted by the City Council were followed in the P A 21 election; and 22 23 WHEREAS, Section 3338S(d) of the Redevelopment Law (Health and Safety Cod Sections 33000, ~.) provides that a challenge to the PAC election or the electoral proce followed in connection with the PAC election, must be filed with the City Council no more 24 25 IS calendar days after the PAC election and further provides that the City Council shall consi Ylo. 12.3( - 12-/411' -1- 'II all challenges so filed and determine the validity of those challenges within 30 days followin 2 the PAC election; and 3 WHEREAS, no challenges to the PAC election or the electoral process have bee 4 received. 5 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN BERNARDINO 6 CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: 7 SECTION 1. The City Council of the City of San Bernardino finds and detennines tha 8 (9 no challenges to the election of the Project Area Committee or to the electoral procedure 9 were filed with the City Council; and (ii) all of the "Procedures for the Fonnation of a Projec 10 Area Committee" for the 40th Street Redevelopment Project Area which were adopted by th I I City Council on September 6, 1999 were followed in connection with the election of the Projec 12 Area Committee which was held on November 4, 1999. A listing of the PAC membershi 13 results is attached hereto as Exhibit A. 14 fill 15 fill 16 fill 17 fill 18 1/// 19 fill 20 fill 21 /11/ 22 1/// 23 /11/ 24 fill 25 1/1/ -2- -, , 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO FINDING THAT ALL APPLICABLE PROCEDURES WERE FOLLOWED IN THE ELECDON OF THE PROJECT AREA COMMITTEE FOR THE PROPOSED 40TH STREET REDEVELOPMENT PROJECT AREA 3 4 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 ~ , 1999, by the following vote to wit: meeting thereof, held 7 on the day of 8 Council Members: Aves ESTRADA 9 LIEN 10 MCGINNIS II SCHNETZ 12 SUAREZ 13 ANDERSON 14 MILLER 15 Navs Abstain Absent 16 City Clerk 17 18 The foregoing resolution is hereby approved this 19 day of ,1999. 20 Judith Valles. Mayor City of San Bernardino 21 Approved as to form and Legal Content: 22 James F. Penman 23 City Attorney 24 25 -3- ~ CERTIFICATE OF ELECTION RESULTS 40TH STREET PROJECT AREA COMMITTEE ELECTION HELD NOVEMBER 4, 1999 STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) SS CITY OF SAN BERNARDINO ) I, SANDRA MEDINA, Deputy City Clerk of the City of San Bemardino, County of San Bemardino, State of Califomia, DO HEREBY CERTIFY that an election was held on November 4, 1999, for the purpose of electing nine (9) persons to serve on the 40th Street Project Area Committee and that the number of votes cast for each candidate are true and correct. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Bemardino this 5th day of November, 1999. ~d ~()JI1JdL?1'a.) Sandra Medina, Deputy City Clerk