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Home My WebLink AboutRS!- City Clerk s , CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Rachel G. Clark, City Clerk Subject: Northwest Project Area Department: City Clerk Committee Membership Date: October 29, 1997 Synopsis of Previous Council Action: 4/6/87 The City Council unanimously declared as official the results of the Special Election held regarding the Northwest Project Area Committee on March 25, 1987. 10/20/97 The Community Development Commission recommended approval of the Northwest Project Area Committee as elected on October 8, 1997 and the Mayor and Common Council declared that the adopted procedures for the election were followed and declared as official the results of said election. Recommended Motions (Community Development Commission) That the Community Development Commission recommends approval of the removal of Spencer Brown from the Northwest Project Area Committee and the addition of Johnny Robinson as a duly elected member of the Northwest Project Area Committee based on the staff report, dated October 29, 1997, from the City Clerk. (Mayor and Common Council) That the Mayor and Common Council approve the removal of Spencer Brown from the Northwest Project Area Committee and the addition of Johnny Robinson as a duly elected member of the Northwest Project Area Committee based on the staff report, dated 10/29/97, from the City Clerk. Signature ------------------------------------------------------------------------------------------------------------------------ Contact person: Rachel G. Clark, City Clerk Phone: extension 3210 Supporting Data Attached: Yes Ward: Sixth FUNDING REQUIREMENTS: Amount: Source: (Account No.) Account Description): Finance: Council Notes: I Agenda Item No. a 11;07 STAFF REPORT DATE: October 29, 1997 TO: Hon. Mayor& Members of the City Council/Community Development Commission FROM: Rachel G. Clark, City Clerk SUBJECT: Northwest Project Area Committee Membership COPIES: Huston Carlyle, Sr. Asst. City Attorney; Timothy Steinhaus, EDA Administrator; Ronald E. Winkler, Development Director, EDA; John Hoeger, Project Manager, Development Division, EDA BACKGROUND INFORMATION: Pursuant to Redevelopment Agency Resolution No. 84-221 and the By-Laws of the Northwest Project Area Committee, the City Clerk conducted a special election on October 8, 1997 for the purpose of electing 21 members to serve on the Northwest Project Area Committee. This election took place in the Sixth Ward and was open to all residential tenants; property owners, business owners or designated representatives of qualified community based organizations within the Sixth Ward. The results of the election were declared official by the Mayor and Council/Community Development Commission at the joint meeting of October 20, 1997; however, since then it came to the City Clerk's attention that Spencer Brown, one of the elected candidates, might not have been qualified to be a candidate and should therefore be disqualified and not allowed to serve on the Committee. Upon a complete investigation of this matter, the following has been determined: On July 30, 1997, the City Clerk's office received a nomination application form, dated July 14, 1997, and signed by Spencer Brown. Mr. Brown's application indicated that he was applying in the category of a businessman in the Sixth Ward. At the time his application was verified by the Administrative Division, Business Registration Division records showed that he did in fact have a current Business Registration Certificate. As a result of the inquiry received the week of October 20, we have now learned that in late August (prior to the October 8 election) he filed a business registration cancellation form, in effect stating his business ceased operating. When Mr. Brown cancelled his business registration, he was ineligible to run for election and his name should not have appeared on the ballot. On October 23, 1997, a certified letter (copy of which is attached) was sent to Mr. Brown explaining the circumstances which came to light and giving him an opportunity to either provide information which would prove he qualified as a candidate or submit a letter of resignation. In addition to mailing him a certified letter, I also spoke with Mr. Brown on October 24, 1997 and he 1 indicated he had taken out a new business registration certificate for the business he managed in the Sixth Ward. A further check of our files did not reflect a new certificate issued to Mr. Brown. I called Mr. Brown again and notified him of such and he indicated he would fax me a copy of the application he submitted. s On October 24, 1997, he faxed a copy of his application and by phone indicated that along with the application he had sent check no. 009 to cover the cost of the new business registration certificate. Once again our files were checked and there is no record of having received either the new application or the check. Two calls have been placed to Mr. Brown (10/27 and 10/29) asking him to provide a copy of his cancelled check and he has failed to respond to either call or provide any proof as requested by my letter of October 23, 1997. Based on the foregoing, I can only conclude that Mr. Brown did not represent one of the specified categories and therefore should be disqualified from serving on the Northwest Project Area Committee and Mr. Jimmy Robinson, the next highest vote getter, should be allowed to serve on the Committee in place of Mr. Brown. The attached Summary Report contains the names of all candidates and the number of votes each received. If the Community Development Commission/Mayor and Common Council concur that Mr. Brown should be removed from the Committee and that Mr. Robinson should be allowed to serve, then the membership will be comprised of the following: Northwest Redevelopment Project Area Committee Lita E. Pezant Morris Poindexter Curtis L. Stout Rev. Charles A. Simpson Draymond Crawford II Wallace J. Allen Claude L. Chumley Norma N. Archie Albert Lumpkin Anna M. Owens Kim R Fields Norris Gregory, Jr. Felton C. Anderson Ida E. Newell Mary E. Riley Robert Hampton Veta Harris Beulah Pitts Warren G. Watson Joseph F. Jacquet, Sr. Johnny Robinson 2 The form motions are recommended for adoption by the Mayor and Common Council and the Commission. Rachel G. Clark City Clerk 10 Agenda.Item No. 3 X P 877 552 803 vt:�ti 4 R pay US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. C i r Y O F Do not use for International Mail See reverse yi C, C Sent t,,— an bernardino Street& umber Post 05cei,SV,6 ZIP ode '+ Postage $ R A C H E L C L A R K Certified Fee C I T Y C L E R K Special Delivery Fee i October 23 , 1997 Restricted Delivery Fee Return Receipt Showing to Whom&Date Delivered a Return Receipt Shaw to Wham, Q Date,d Addressee's Address Mr. Spencer Brown O TOTAL Postage 8 Fees 1323 West Colton Avenue co Redlands, CA 92374 Postmark or Date Dear Mr. Brown: � 7 0. This week it came to my attention that you may not have been qualified to be a candidate for the recent Northwest Project Area Committee election held on October 8, 1997 . Upon investigation and based on the official records maintained by AMA this office, we have determined that you should not have qualified as a candidate . Since you were one of the 21 candidates elected on November 8, 1997 and the results of the election have been certified, I will be asking the Mayor and City Council/Community Development Commission to remove you from the membership of the Northwest Project Area Committee and replace you with the candidate who received the next highest votes; or, you may wish to submit a letter of resignation. The reason for disqualification is based on the fact that you submitted your nomination application (dated July 14, 1997 and received by this office on July 30, 1997) , indicating you were a business person (real estate property manager) for 1777 West Baseline. At the time verification was made of your qualifications, you did have a valid business registration certificate for -property management services . The Administrative Division of the City Clerk' s Office, which was responsible for verifying candidates' eligiblity and conducting the election, has just learned that on August 20, 1997 you signed a "Business Registration Cancellation Form" stating you had ceased operating to do business in the City of San Bernardino. When you cancelled your business registration, you were in effect rendered ineligible to run for election and should not have appeared on the ballot . The By-Laws of the Northwest Project Area Committee require that candidates who wish to be elected to serve on the Committee must fit one or more of the following categories : P , O - B O X 1 3 1 8 S A N B E R N A R O I N O , C A 9 2 4 0 2 3 0 0 N O R T H D S T R E E T S A N 8 E R N A R D I N 0 , C A L I F O R N I A 9 2 4 1 8 - 0 0 0 1 ( 9 0 9 ) 3 8 4 - S 0 0 2 ( 9 0 9) 3 8 4 - S 1 0 2 F A X • ( 9 0 9 ) 3 8 4 -S 1 S 8 T 0 0 /T T Y -( 9 0 9 ) 3 8 4 -5 5 4 0 Mr. Spencer Brown October 23 , 1997 page two 1) Reside in the Sixth Ward. The address you provided on your application is listed as 1323 West Colton Avenue, Redlands, CA. 2) Operate a business in the Sixth Ward. You cancelled your registration on August 20, 1997, prior to the election on October 8 . 3) Own property in the Sixth Ward. You did not list yourself as a property owner nor did we have proof that you own property in the Sixth Ward. 4) Represent a listed organization. No proof provided that you represented one of the organizations specified in the By-Laws. If you have any information which would qualify you under the above-listed categories, please provide substantiating information to this office no later than 5 : 30 p.m. on Wednesday, October 29, 1997 . Failure to respond, or submit a letter of resignation, will result in officially removing you from serving on the Northwest Project Area Committee. If you have any questions, please do not hesitate to call either Deputy City Clerk Suzanna Cordova or me at 384-5002 . Sincerely, Rac el G. Clark City Clerk pc: Honorable Mayor Tom Minor Councilwoman Betty Dean Anderson Sr. Asst . City Attorney Huston Carlyle Deputy City-Clerk Suzanna Cordova John Hoeger, Project Manager, Development Division, EDA Barbara Bohannon, Secretary, Northwest Project Area Committee 9 o NORTHWEST PROJECT AREA COMMITTEE Page 1 OCTOBER 8, 1997 _ Printed on 10/08/97 at 08 : 20 pm ** Summary Report ** =ber 1 . NORTHWEST PROJECT AREA 1/ 11TOTAL COMMITTEE ( 21 ) 100 . 01 --------------------------------------- --------------------------------------- ( BALLOTS CAST 158 LITA E. PEZANT 89 MORRIS POINDEXTER 79 3 . 91 CURTIS L . STOUT 77 3 . 81 REV. CHARLES A. SIMPSON 75 3 . 71 DRAYMOND CRAWFORD II 75 3 . 71 WALLACE J . ALLEN 71 3 . 51 CLAUDE L . CHUMLEY 68 3 .41 NORMA N. ARCHIE 68 3 .41 ALBERT LUMPKIN 67 3 . 31 ANNA M . OWENS 67 3 . 31 KIM R . FIELDS 65 3 . 21 SPENCER BROWN 65 3 . 21 NORRIS GREGORY , JR . 64 3 . 21 FELTON C . ANDERSON 63 3 . 11 IDA E . NEWELL 60 3 . 01 MARY E. RILEY 58 2 . 9 ) ROBERT HAMPTON 58 2 . 91 VETA HARRIS 56 2 . 81 BEULAH PITTS 54 2 . 71 WARREN G. WATSON 53 2 . 61 '^SEPH F . JACQUET, SR . 51 2 . 51 1NNY ROBINSON 48 2 .41 ALICE R . WILLIAMS 47 2 . 31 VICKI LEE 47 2 . 31 WILLIE PEARL WALKER 44 2 . 21 ROBERT L . MILLER 35 1 . 71 RANDOLPH RILEY . SR . 35 1 . 71 JAMES C. SCHNEIDER 31 1 . 51 H. NORMAN JOHNSON , jR . 29 1 .41 ROBERT FLUKER 28 1 .41 ROBERT J . CIRRITO 26 1 . 31 ALICE F. PAGE 26 1 . 31 HENRY WILLIAMS 24 1 . 21 JOE 0. CHAVEZ 23 1 . 11 STEWART D. CUMMING 21 1 . 01 GOLDEN LEE 20 1 . 01 MARY ARMENTA 20 1 . 01 RICHARD BAGSBY 18 0 . 91 MICHAEL MINASIAN 16 0 . 81 KENNETH M . ROSS 16 0 . 81 HENRY RUSHING , JR . 13 0 . 61 MARVIN D . JOHNSON 13 0 . 61 KATTIE BRANTLEY 11 0 . 51 CLARENCE R . HOLLIDAY 10 0 . 51 PATRICIA A. KINNARD 9 0 .41 KAREN BRANTLEY 9 0 .41 �E P . BARELA 9 0 .41 _ _3TIN KINNARD , SR . 8 0 .41 Blank Votes 1 0 . 01 Over Votes 3 0 . 11