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HomeMy WebLinkAbout08.B- Economic Development Agency CDC RESOLUTION (ID# 1430) DOI CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION Election From: Emil A. Marzullo M/CC Meeting Date: 12/19/2011 Prepared by: Jeffrey Smith, (909)663-1044 Dept: Economic Development Agency Ward(s): 6 Subject: Resolution of the Mayor and Common Council of the City of San Bernardino Confirming the Election Results for the Biennial Election for the Northwest Redevelopment Project Area Committee for the Northwest Redevelopment Project Area Financial Impact: There are no financial impacts to City or Agency. Motion: Adopt Resolution. Synopsis of Previous Council Action: On November 17, 2011, Redevelopment Committee Members Brinker and Marquez unanimously recommended that the Mayor and Common Council confirm the election results for the Biennial Election of the Northwest Redevelopment Project Area Committee for the Northwest Redevelopment Project Area. Background: The Northwest Redevelopment Project Area was adopted in 1982. The Mayor and Common Council (the "MCC") adopted Resolution No. 84-221 and Community Development Commission (the "Commission") adopted 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 Redevelopment Project Area Committee (the "NWPAC") require the NWPAC to conduct an election every two years to elect ten(10)or eleven(11) of the fifteen(15)members of the NWPAC at each biennial election. The most recent prior election was held on October 15, 2009, when the NWPAC held its biennial election where seven (7) new board members were appointed for a four-year term ending November 2011. On November 2, 2009, the MCC confirmed and accepted the biennial election results. Current Issue• California Redevelopment Law (the "CRL") requires that the NWPAC be an elected body comprised of Residential Owner-Occupants, Residential Tenant, Business Owners (including Property Owners) and Existing Community Organizations within the Northwest Redevelopment Project Area. The Operating Bylaws of the NWPAC (the "Operating Bylaws") also allows for Qboard membership through election in an "At-Large" category. The NWPAC consists of fifteen Updated: 12/14/2011 by Linda Sutherland A Packet Pg. 305 1430 (15) elected members representing the following five (5) categories: • Eligible Organization • Business Person/Property Owner • Resident Owner Occupant • Residential tenants; and • At-Large Representatives comprised from the above categories. With regard to the election, a total of twelve (12) candidates representing eligible organizations, business persons, property owners, resident owner/tenants and at large representatives, submitted applications for candidacy. Eight (8) of the fifteen (15) member's terms were set to expire, however, only six (6) of the PAC members chose to run for re-election. On October 27, 2011, the NWPAC conducted its election. The polling place was located at 1800 Western Avenue, Solarium Room, from the hours of 3:00 p.m. to 7:00 p.m., with absentee voting available as set forth in the Operating Bylaws. Voters were instructed to vote for two candidates in their eligible category and two candidates in the At- Large category for a total of four votes. A total of thirty-seven (37) ballots were cast in this year's election. All candidates received votes but only ten (10) will serve for a single, four-year term beginning in January 2012 and ending in December 2014. The following table represents the tally of all candidates for the representing categories: -m 2011 NORTHWEST PAC ELECTION RESULTS w. ELIGIBLE ORGANIZATION BUSINESS PERSON/PROPERTY OWNER Candidate Votes Candidate Votes Rodger Chatman 3 Delores Armstead 8 Janet Horton 5 Alvin Simpson 4 RESIDENT OWNER OCCUPANT RESIDENT TENANT Candidate Votes Candidate Votes Ida Newell 7 Sylvia Miller 8 Harvey Gregory 14 Patricia Moss 5 At-Large Candidate Votes Candidate Votes Dustin Barnhardt 12 Randolph Riley 28 Betty Wallace 13 Pauline Dent 7 The successful candidates elected to serve their representing categories on the NWPAC with terms beginning January 2012, are as follows: NEW NWPAC MEMBERS CATEGORY SUCCESSFUL CANDIDATE Eligible Organization Janet Horton, Roger Chatman Updated: 12/14/2011 by Linda Sutherland A Packet Pg. 306 1430 Business Person/Property Owner Delores Annstead, Alvin Simpson Resident Owner Occupant Harvey Gregory, Ida Newell Resident Tenant Sylvia Miller, Patricia Moss At-Large Randolph Riley, Betty Wallace Section 33385 of the CRL, provides that the MCC shall adopt a finding that all adopted procedures for the election of the NWPAC for the Northwest Redevelopment Project Area were followed in the election of the PAC and determine the validity of all challenges within thirty(30) days following the PAC election. The law also requires that a challenge to the PAC election or the electoral process must be filed with the MCC no more than fifteen (15) calendar days after the PAC elections. No challenges to the NWPAC election or the electoral process have been received to date. The election results were tabulated by Jill Johnson, NWPAC & Election Committee Representative; Julienne Caldera, NWPAC Office Administrator; and Jeffrey Smith, Senior Urban Planner, City of San Bernardino Economic Development Agency. Environmental Impact: The election of a PAC does not meet the definition of a "Project' under Section 15378 of the California Environmental Quality Act(CEQA). Fiscal Impact: There are no fiscal impacts to the Agency. City Attorney Review: Approved as to Form Supporting Documents: reso 1430 (PDF) Updated: 12/14/2011 by Linda Sutherland A Packet Pg. 307 Em 1 RESOLUTION NO. 2 3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO CONFIRMING THE ELECTION RESULTS FOR 4 THE BIENNIAL ELECTION OF THE NORTHWEST REDEVELOPMENT PROJECT AREA COMMITTEE (PAC) (NORTHWEST REDEVELOPMENT 5 PROJECT AREA) U 6 a a 7 WHEREAS, the Northwest Redevelopment Project Area Committee (`aNWPAC") was duly ; L 8 formed pursuant to the Mayor and Common Council of the City of San Bernardino ("Council') Z 9 Resolution No. 84-221, as adopted on June 18, 1984, and Resolution No. 4630 as adopted by the 3 10 Redevelopment Agency of the City of San Bernardino (the"Agency")on June 18, 1984; and 0 11 WHEREAS, said Resolutions of both the Council and Agency, together with the Judgment °- U d 12 on Stipulation for Entry of Judgment, are sometimes referred to collectively as the "Settlement w 0 13 Documents" and serve as the basis for the continuation and administration of certain aspects of the 2 0 14 NWPAC as delegated to the NWPAC; and E 15 WHEREAS, the NWPAC has conducted its biennial election for twelve (12) seats on the U 16 NWPAC which election was conducted on October 27, 2011, and the election results of such v 17 biennial election are attached hereto as Exhibit"A"and included in the Staff Report as submitted to e:, rz 18 the Council upon adoption of this Resolution; and •° 19 WHEREAS, the Operating Bylaws require this Council to accept or reject the biennial 0 20 election results within thirty(30) days after such election results have been presented to the Council; 21 and " d 22 WHEREAS, the NWPAC is unique from all other project area committees ("PACs' 23 previously formed for the adoption of other redevelopment project areas, and has continued in m a 24 existence for twenty-six (26) years since inception whereas other PACs have terminated their 25 existence soon after the adoption of the applicable redevelopment project area; and 26 WHEREAS, it is appropriate for this Council to make certain findings and determinations 27 regarding the biennial NWPAC election as conducted on October 27, 2011. 28 C:rpocumenns and Seninga SEaslannLoud Sei lint's\TempWinoieTraq�mkr=diipcityu©eenberrwiduociryea.1Qpf].ym\µoMp„acM1men,Al]35.doca Packet Pg. 308 8.B.a 1 NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE 2 MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, AS FOLLOWS: 3 Section 1. The recitals as set forth above are accurate and correct in all respects. 4 Section 2. This Council hereby accepts the election results as set forth in Exhibit "A"to this 5 Resolution and directs the NWPAC to seat such recently elected members at their next monthly U 6 meeting of the NWPAC for the duration of the elected terms. a 7 Section 3. This Resolution shall take effect from and after the date as required by the City ; r 8 Charter of the City of San Bernardino. o z 9 9 10 c 11 U d 12 w O 13 0 .; 14 /// E w c 15 /// 0 U 16 v 17 N G 18 4 .N 19 0 20 21 /// y m 22 E 23 24 25 26 27 28 c:D000m.nu.w sefing.VSPa.T.ndLL.oulsmmpv mPNiOm.r,.q�mtemuaf.00ity.@s O.,al000lryu.[QA12.COM�Wo,k Au.om.nUIMsdoa Packet Pg. 309 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO CONFIRMING THE ELECTION RESULTS FOR 2 THE BIENNIAL ELECTION OF THE NORTHWEST REDEVELOPMENT 3 PROJECT AREA COMMITTEE (PAC) (NORTHWEST REDEVELOPMENT PROJECT AREA) 4 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on a 6 a the day of ,2011, by the following vote to wit: N 7 3 Commission Members: Ayes Nays Abstain Absent r 8 MARQUEZ z° 9 JENKINS 10 BRINKER z 11 SHORETT - U 12 KELLEY w 0 13 JOHNSON o 14 MC CAMMACK E / 15 0 16 M v 17 Rachel G. Clark, City Clerk N C l8 The foregoing Resolution is hereby approved this day of 2011. Lh 19 z 0 20 21 Patrick J. Morris,Mayor 22 City of San Bernardino d E 23 Approved as to Form: m 24 a 25 By: 26 t/James F. Penman, City Attorney 27 j 28 C1D000mem,W SeningsSEsslmdLL.ocat5winyetTempMinueTregbmbynvdinodrya @nnbbe i""Rry JQh¢.mmlYOnAMechmem.tn5doc Packet Pg. 310 1 EXHIBIT A NORTHWEST REDEVELOPMETN PROJECT 'f 2 PROJECT AREA COMMITTEE (PAC) ELECTION RESULTS 3 OCTOBER 27, 2011 4 a`PP w+ 5 CAILGORY SUCCFSI;Pf CA DID Eligible Organization Janet Horton a 6 er Ch tman a 7 Business Person/Property Owner Delores Armstead Alvin Simima 3 8 Resident Owner Occupant Harvey Gregory Ida Newell c 0 9 Resident Tenant Sylvia Miller y Patricia 10 At-Large Randolph Riley ffijty W c w r- .0 v d 12 w 46 13 0 14 E w c 15 U 16 M a 17 N C 18 °- N 19 4) 0 20 v 0 21 d s_ 22 d E 23 m 24 a 25 26 27 28 C:LL cumentsesM SarngslS Amd%La l Setti s\TempWinuteT.q., ,,dino cdyce(rAu nbvnWinouryealQM2.wm\WOrk`Atuchmantt\I'125.doea Paekef pg ,Si1°' -