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HomeMy WebLinkAboutR5-Redevelopment Agency RE~ JVELOPMENT AGENCY.~ 2UEST FOR ( )MMISSION/COUNCIL Al 40N From: Glenda Saul, Executive Director Subject: NWPAC ELECTION PROCEDURES/AMENDMENT TO BY LAWS ,>t: Redevelopment Agency Date: January 13, 1987 Synopsis of Previous Commission/Council action: 8/4/86 11/17/86 12/22/86 Approval of Northwest PAC Budget NWPAC election budget continued until 12/22/86 NWPAC election budget continued until 12/22/86 (COMMUNITY DEVELOPMENT COMMISSION) Recommended motion: MOVE TO APPROVE AGENCY STAFF TO EXPEND FUNDS FOR NORTHWEST PROJECT AREA COMMITTEE ELECTION UPON APROVAL BY AGENCY COUNCIL THAT THE BY-LAWS ARE IN ACCORDANCE WITH WHATEVER ELECTION PROCEDURES ARE USED. ~.6M Signature Glenda Saul Supporting data attached: YES Phone: 383-5081 6 Contact person: Ward: FUNDING REQUIREMENTS: Amount: $ 7,000 NW Project: Date: January 19, 1987 No adverse I mpact on City: r~lJncil Notes: Agenda Item No/2,- ~5 REf 1VELOPMENT AGENCY.~~-1UEST FOR ( "'MMISSION/COUNCIL AC 10N STAFF REPORT Agency staff recommends that funds for Northwest PAC election be expended upon approval by Agency Council that the PAC by-laws are in accordance with whatever election procedures are used. BACKGROUND On December 22, 1986, the Community Development Commission approved the Northwest PAC election budget in the amount of $7,000. On December 22, 1986, staff received a letter from Mr. David Lechuga, Chairman of the Westside Homeowners and Tenants Association, requesting an opportunity to be heard by the Commission on January 19, 1987. Mr. Lechuga has concerns regarding the Northwest PAC election procedures and the amendment to the By-Laws. By-Law Amendment At the Northwest PAC meeting held on January 12, 1987, the amendment to Article IV, Section 1, (restrict voting to registered voters only in the upcoming PAC election) did not pass by 3/4 or greater vote of the PAC's membership. The vot~ was 8 yes, 7 no. Following the defeat of the amendment, John Hobbs made a motion to add the following to the PAC's approved election procedures: Any person falling into one or more of the classes listed in Article IV, Section 1, of the PAC By-Laws, who is a "registered" voter in the city or county wherein he or she resides may vote in the annual election wherever such election may be held. The vote was 9 to 6 in favor. On January 13, 1987, staff was informed by Mr. Al Briggs that the PAC's action was inconsistant with the PAC By-Laws. Mr. Briggs stated that the PAC would have to amend their By-Laws by 3/4 greater vote of the PAC membership Attached, for your information, are copies of correspondence to and from Mr. Lechuga, as well as correspondence from Al Briggs to Carl Clemons, Chairman of the Northwest Project Area Committee. 2015G/EJ 1-19-87 It " 300 NORTH "D" STREET. SAN BERNARDI ~""~'''.'.-~ ,/ .-'~. " , -. ; -,," .... . , ;- . ,. crtfoF~4~o/'.~ BERNARDINO .. ~ ,". ~' \ '1) :.. ~~~.,_>.t~. ROUTINt" GS -;(, __ . SL ___ I.1E - ~- ~~ .~ M.... CC 1. kS '_-~ =~ :~;~;.vv January 7, 1987 RALPH H. PRINCE CITY ATTORNEY 13.38 Carl Clemons, Chairman Northwest Project Area Com. 1940 Base Line Avenue San Bernardino, CA 92411 Re: Northwest PAC Election Dear Carl: This will confirm our discussion in my office on January 7, 1987, as well as some of our earlier conversations concerning the Northwest PAC Election. I would like to cover three issues we discussed: Registered Voter Reauirement It is my understanding that, although I drafted some language for proposed amendments to Article IV, Section 1 of the Northwest PAC's By-Laws, and forwarded the proposed language to you on October 31, 1986, bhe'act:-i.oRt,'1tatten-'by'~he"'1ifOt'thwest MC,.id,"ft.t,.....nd..Arti~!.~.;lIV, .~eeetl(;n'~~'f 'the.'.8y.....vs~f '~he PAC. You indicated that action taken amended Article IV, Section 2 and Article VII, Section 2, relating to dates and places of the election, but did not amend Article IV, Section 1 "'la1:i.g'::eo:~;o_o..yparticipate u','..e,'.annual..lection. v Unless and until Article IV, Section 1 of the PAC's By-Laws is amended to otherwise provide, the present provision continues in full force and effect, and the Northwest PAC cannot avoid those provisions by specifying that only registered voters may participate in an election. Article IV, Section 1 of your By- Laws specifies (after listing 5 categories of persons entitled to representation) RAIl of the above who are present at the annual meeting or at a special meeting called for electing members to the PAC are eligible to vote.R Unless that is changed by a three-fourths vote of the membership, following at least five days notice of the proposed change, as required by Article IX, Section 1 of the By-Laws, the Northwest PAC must permit all of those persons listed in Article IV, Section 1 to vote in the election. 'Nte'.doption.f.:a...tion~:DY ,the Go1Imit~eecot'li.i:tt:bo8..nt it led to vote.. ".i t.bout.,.mend i ng bM.",ay-Lawa..:;,;i.'''1lot :.&lid . '. Carl Clemons January 7, 1987 Page Two i It is my understanding that you accept this position and recognize that the PAC must be guided by its own By-Laws. This is not a mere "technicality" which can be waived or overlooked1 the PAC is obligated to adhere to its own By-Laws. As I mentioned earlier in our discussions, if the By-Laws are amended with the approval of three-fourths of the members present at a meeting for which notice was properly given, to provide that an additional qualification of being a registered voter would also be required, I believe that would be supportable. It is essential to recognize, however, in this regard , that ~~~~:OD ?;Geed."IIOt:1be."lj!'.CJ.t.'te~>~-r7J;:;lnthe ~h"'Ward, since the lawsuit settlement documents and the By.;.. Laws both specify that procedures adopted must not be ~ inconsistent with the settlement agreement. ~~~~reement aet:bcn"tlle8topart tel pati'On''';'fS'y . non -res idents'\tfto:,;OWIl'Yroperuy"in bM,,:o;Bi..tb,,:....wa rd ,"ol'''-wbo:.;gperatea business 'itn"!t;'be -''Sixth ;wa rd . Expired Terms of Some PAC Members As to the concern expressed that the initial two-year term of ten of the members has expired, and your inquiry as to whether they continue in office until a successor is qualified, please be advised that the law of the State of California specifies that a public official continues in office after expiration of his or her term, until a successor is chosen. As 52 Cal.Jur., "Public Officers", Section 100, says, "Every officer whose term has expired is required, by the Government Code, to discharge the duties of his office until his successor has qualified. This rule is applicable notwithstanding that the law creating the office may contain no express provision to that effect." PAC Committee members would be covered by this prOV1Slon, in my opinion, and therefore continue to serve until their successors are elected and qualified. Member No Longer Qualified You also inquired as to the status of a member who no longer qualifies under any of the five categories entitled to membership. A member who no longer lives in the Sixth Ward, no longer operates a business therein, no longer owns property therein, and is no longer a representative of a community- based organization, is not eligible for membership. That person may resign, or the Committee may determine, by action taken in open session, that a vacancy has been created, and Carl Clemons January 7, 1987 Page Three such person no longer holds office. The office becomes .vacant. when the person holding it no longer meets its qualifications. I hope this letter adequately addresses each of this issues. Very truly yours, 1211i~ -;f tJ,~/y/ ALLEN R. BRIGGS ,701 Sr. Asst. City Attorney - ARB:nb cc: Mayor Redevelopment Agency 118 J.... 1884 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA DATE January 5. 1987 " TO Redevelopment Committee FROM Glenda Saul. Executive Director SUBJE CT NORTHWEST PROJECT AREA COMMITTEE ELECTION PROCEDURES Following the Commissions approval on December 22. 1986 of the Northwest Project Area Committe's budget. staff received a letter from David Lechuga. Chairperson of the Westside Uomeowner and Tenant Association. requesting an opportunity to be heard by the Commission on January 19. 1987. Mr. Lechuga has concerns regarding the Northwest PAC election and the amendment to their by-laws. IAttached. for your information. are copies of correspondence to and from Mr. Lechuga as well as correspondence from Al Briggs to Mr. Carl Clemons. Chairperson of the Northwest PAC. The PAC on January 12. 1987. will be amending their previous minutes to provide that their by-laws are amended. It is our understanding that this was always their intent but the proper language was not reflected in their minutes. ~AI Glenda Saul Executive Director GS:SL:sr:1953 1F /0 I: ..% ~l ,. et.' .: REDEV b:I.JOPMENT A'dENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA GLENDA SAUL EXECl'TJ\'E D1REC"l ~ ~- L December 31, 1986 Mr. David Lechuga, Chairperson Westside Homeowners and Tenants Association 1666 West Eleventh St. P.O. Box 7595 San Bernardino, CA 92411 R.e: Northwest Project Area Committee Dear Mr. Lechuga: This letter is written to acknowledge your request to be heard by the Community Development Commission on January 19, 1987. Please be advised that an item will be placed on the January 19, 1987 agenda concerning your request to address the Commission on the Northwest Project Area election budget and procedures. ~~~ Glenda Saul, Executive Director GS:SL:bz 0117B cc: Carl Clemons an HALL . 300 NORTH "'[)" STREET . RM. 320 . SAN BERNARDINO, CALIFORNIA 92418 . PHONE: (714) 383-5081 TELEX: 6711291 RDEV UW '-.."-'V.". WESTSIDE HOMEOWNERS AND TENANTS ASSOCIATION L December 22, 1986 Redevelopment Agency Board of Directors City of San Bernardino 300 N "0" Street San Bernardino, CA 92415 Dear Board Members: The Westside Homeowners and Tenants Association (WHTA) hereby requests to be included on the agenda of the 4anuary 19, 1986 Board meeting. It was felt by WHTA members present at tOday's Board meeting that th~ Board denied the right of individuals to speak on the issue; namely. the Northwest Redevelopment PAOCelection budget. It is the belief of numerous property owners in the Northwest Redevelop- ment Project and the 6th Ward that Agency monies to finance the PAC election with its present election procedures is inconsistent with: the PAC By-laws, Lawsuit Settlement~ Armenta vs Redevelopment Agency and California Redevet~pment Law. Because of the above inconsistencies, we believe that to fund the PAC election the Redevelopment Agency is in violation of Code of Ci~il Procedure Section 526A; in which funding the PAC election is an illegal expenditure of funds of a city and state agency, and that you as officers are not authorized to approve such expenditures. We are appealing the Agency's decision to fund the PAC election. In addition, we request the public tape of the portion of the Board meeting regarding the PAC budget request. We hope that our requests are promptly addressed so that our concerns in reference to the PAC can be corrected. legal ROUTING, GS ( -- SL .tJ Sincerely, .])th~ 4. ~~ David A. Lechuga, Chairperson Wests ide Homeowners and Tenants Association cc: C. Robert Ferguson, WHTA Attorney Evlyn Wilcox, Mayor(~ Ralph Prince, City Attorney '\~\, tHY 0; J:f4' ~e~" ~<<.:: ~ '. . ' ~, , ;;--- T' tl ',. n \':jrofO I <' ,..~ 7> -'" :;. \ ~'- I @ ,- 0".., . ~ ORIG: S L VJ' vr- 1666 West Eleventh Street, P. O. Box '7595. San Be~~,7eA 9241 14) 884.1595 ROUTE cOPY_ ,.-.. ~.. ~ lIII.:llil:' ~ ME -;r- BL ~ LV gz. MW~ eeTO . - ~ ~ ...~.:-~-. J: ..;....~_4_=--:._,..;\..:. 1" -!.~~:t..:"-~.:,-.L"~l' '~_:"~~.,,~-:=./~~L:~l ;;It ~"-~..{:~"~j.~;;.-: .-.:::--J=':f J ~:.;::.. '__::._'-..':,i:_ CITY --- ...--. ---- ....... I , . , RDINO ROUY'N~ J 300 NORTH "D" STREET, SAN BERNARDINO. CALlF~SRNI~ SL .5- c; ME $-~ Bt ->> / LV tt~ M\. CCT._~:S _Lv _C~ December 23, 1986 i RALPH H. PRINCE 13.38 CITY ATTORNEY Carl Clemons Chairman, NWPAC 1940 W. Baseline Street San Bernardino, CA 92411 -- OR/G.5 L ROUTE COpy J:::::: Dear Carl: As you are aware from having been in attendance at the December 22, 1986 meeting of the Community Development Commission, the Commission has suggested to David LeChuga that the Wests ide Homeowners and Tenants Association should direct ~ their concerns regarding the so-called irregularities in the - election procedures to me, and take it before the Community Development Commission at a future meeting of the Commission. My review of the actions taken, and of the concerns expressed by the Westside Homeowners and Tenants Association, satisfies me that the actions taken by the PAC may well be defensable, if challenged in court. I am concerned, however, about the allegations made that if the By-Laws of the organization were truly amended, that fact was not reflected in the Minutes of the October meeting, nor in the Minutes of the November meeting. The amendment to the PAC's By-Laws is essential to the validity to the new procedures, I believe. I am satisfied that there is a good chance that the action of the PAC can be supported in court against a challenge if the By-Laws were amended by a three-fourths or greater vote of the PAC membership, as required by the By-Laws. If that can be shown (and it apparently does not appear in the Minutes), I think we will have a good chance to defeat any action which Wests ide Homeowners and Tenants Association might institute. If, however, the PAC By-Laws have not been formally amended, we have another question, and I would be very concerned. I would appreciate your verifying at the earliest possible time whether in fact the By-Laws were amended at the October meeting, as we earlier discussed, and how they might have been omitted from the Minutes. . -- -.... . " \ Carl Clemons December 23, 1986 Page Two L If the Minutes were never finalized (the November Minutes seemed to leave the October Minutes "hanging"), they can still be finalized; if they have been finalized but do not reflect what actually occurred, they can be corrected at a later (January?) meeting. Mr. Lechuga advises me he has consulted with his attorney and expects to bring an action challenging the appropriation for election expenses, but that he will ask to be on the January 19, 1987 Commission agenda first. Best wishes for a joyous holiday season. Very truly yours . . . I , ~'// .#..:-; (~k:,( 'I. d.J 2 (, .99' ;/ ALLEN R. BRIGGS :..' Sr. Asst. City A~torney ARB:nb cc: Mayor City Administrator Redevelopment Agency - - ~ ~ . CI 300 NORTH "0" STREET. SAN BERNAROINO. CALIFORNIA 92418 \ '" RO~UG GS SL December 23, 1986 . RALPH H. PRINCE CITY ATTORNEY 13.38 rl:-~ '..~ E: d____ I ci.pT =&^~ _ ffl~,~ OR/G. SJ- -t/ ROUTE COpy ~ - David A. Lechuga Wests ide Homeowners and Tenants Association P.o. Box 7595 San Bernardino, CA 92411 Re: Northwest PAC Election Procedures Dear Mr. Lechuga: You indicated during our brief discussion yesterday afternoon that you are seeking a hearing before the Community Development Commission on January 19, 1987, to discuss the Northwest Project Area Committee's election procedures. Your formal request to be on the Agenda should be addressed to Glenda Saul, Secretary of the Commission, in the Redevelopment Agency. In accordance with the direction given by the Community Development Commission of the City of San Bernardino at its December 22, 1986 meeting, I would like to meet with you at your convenience to discuss those concerns further. I will be out of the office all of next week, and ask that you call my office and schedule an appointment for shortly after the first of the year, at a time convenient to you. Anytime a~ter January 5 would be satisfactory, but I would hope it could be earlier than the January 8 meeting of the Redevelopment Committee. My secretary, Nancy Blechinger, will be able to schedule an appointment with you any time you call. I would hope some time on January 6 or 7 might be convenient for you. -- - . , David A. Lechuga December 23, 1986 Page Two L Incidentally, I would like take this opportunity to extend my sincere best wishes for a happy holiday season. Very truly yours, UL,1!&?;- ALLEN R. BRIGGS Sr. Asst. City Attorney ARB:nb cc: Redevelopment Agency '.