HomeMy WebLinkAbout2008-296
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RESOLUTION NO. 2008-296
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO MAKING CERTAIN FINDINGS AND
DETERMINATIONS REGARDING THE BIENNIAL ELECTION OF THE
NORTHWEST REDEVELOPMENT PROJECT AREA COMMITTEE
ELECTION AS CONDUCTED ON JUNE 12, 2008, AND OVERRULING A
WRITTEN PROTEST TO SAID ELECTION
WHEREAS, the Northwest Redevelopment Project Area Committee ("NWPAC") was duly
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formed pursuant to the Mayor and Common Council of the City of San Bernardino ("Council")
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Resolution No. 84-221, as adopted on June 18, 1984, and Resolution No. 4630 as adopted by the
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Redevelopment Agency of the City of San Bernardino (the "Agency") on June 18, 1984; and
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WHEREAS, said Resolutions of both the Council and Agency, together with the Judgment
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on Stipulation for Entry of Judgment are sometimes referred to collectively as the "Settlement
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Documents" and serve as the basis for the continuation and administration certain aspects of the
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NWP AC as delegated to the NWP AC; and
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this Resolution as Exhibit "A"; and
WHEREAS, the NWPAC has adopted its amended Operating Bylaws which are attached to
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WHEREAS, the NWPAC has conducted its biennial election for ten (10) seats on the
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NWPAC which election was conducted on June 12,2008, and the election results of such biennial
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election are attached hereto and included in the Staff Report as Exhibit "B"; and
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election results within thirty (30) days after such election results have been presented to the Council;
WHEREAS, the Operating Bylaws require this Council to accept or reject the biennial
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and
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WHEREAS, a certain written protest of the biennial election as conducted on June 12,2008,
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was timely filed as of June 23, 2008, and said written protest is attached hereto as Exhibit "C" and
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an Agency Staff analysis and recommendations regarding said written protest are also attached
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hereto as Exhibit "0"; and
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WHEREAS, the NWPAC IS unique from all other project area committees ("PACs")
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previously formed for the adoption of other redevelopment project areas, and has continued
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2008-296
1 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 ofthe 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
27 follows:
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2008-296
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That the protest as filed by Mr. Stewart D. Cumming (the "Claimant") dated June 23,
2008, as to the NWP AC biennial election as conducted by Agency Staff is overruled
in its entirety for the reasons set forth in the Agency Staff analysis as attached hereto
as Exhibit "D"; and
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That the biennial election as conducted by Agency Staff for the NWPAC on June 12,
2008, was properly called, held and conducted; and
That the amended Operating Bylaws as adopted by the NWPAC are proper and
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appropriate in all respects, and the Council hereby ratify the election procedures as
included in the amended Operating Bylaws and as implemented for the biennial
election as conducted on June 12,2008; and
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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 this Council to the NWPAC
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pursuant to Resolution No. 84-221; and
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 NWP AC, the NWP AC may either permit or exclude, at its
sole option, participation in the NWPAC to residents and businesses located within
the 6th Ward as it existed in 1984; and
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That the NWP AC properly amended its Operating Bylaws to specify the categories
of eligible membership in the NWP AC and properly eliminated the cross-over voting
as required pursuant to Health & Safety Code Section 33385(d)(1); and the inclusion
of At-Large members of the NWPAC is appropriate under the circumstances due to
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the large number of required seats on the NWP AC and the necessity to have a pool of
elected representatives to replace other elected NWPAC members, as necessary; and
That the election as conducted on June 12,2008, by Agency Staff did not contain any
irregularities that would cause this Council to reject the election results as presented;
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2008-296
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and
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That the formation and continued existence of the NWPAC is unique in that it 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; and such other
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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 P ACs.
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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 NWP AC
11 after the expiration of his current term on the NWP AC as a residential owner whose
12 residential property is not within the Northwest Redevelopment Project Area nor
13 within the 6th 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.
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2008-296
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO MAKING CERTAIN FINDINGS AND
DETERMINATIONS REGARDING THE BIENNIAL ELECTION OF THE
NORTHWEST REDEVELOPMENT PROJECT AREA COMMITTEE
ELECTION AS CONDUCTED ON JUNE 12, 2008, AND OVERRULING A
WRITTEN PROTEST TO SAID ELECTION
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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 ; oint re"ular
meeting thereof, held on
7 the 21st day of July
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9 Council Members:
10 ESTRADA
11 BAXTER
12 BRINKER
13 DERRY
14 KELLEY
15 JOHNSON
16 MC CAMMACK
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, 2008, by the following vote to wit:
Aves Navs Abstain Absent
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~/;J.~
Rachel G. Clark, City Clerk
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20 The foregoing Resolution is hereby approved this o(~day of July
,2008.
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23
J. Morris,
f San Bernardino
Approved as to Form:
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EXHIBIT "A"
AMENDED OPERATING BYLAWS
OF THE NWPAC
(to be attached to official version)
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EXHIBIT "B"
JUNE 12,2008, ELECTION RESULTS (attached)
AND AGENCY STAFF REPORT (to be attached to official version)
NWPAC Election Results of June 12, 2008
Eligible Organization
Business Person/Property Owner
Resident Owner Occupant
Resident Tenant
At-Large
Sandra Doyle, Joyce Smith
Dolores Armstead
Ida Newell, Randolph Riley, Sr.
Sylvia M. Miller, Phillip Moreno
Harvey Gregory, Betty J. Wallace
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EXHIBIT "C"
ELECTION PROTEST LETTER
DATED JUNE 23, 2008
(to be attached to official version)
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EXHIBIT "D"
STAFF ANALYSIS OF PROTEST LETTER
AND RECOMMENDED FINDINGS AND DETERMINATION
OVERRULING SAID PROTEST
(to be attached to official version)