HomeMy WebLinkAbout1996-098
1
RESOLUTION NO.
96-98
2 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING A CERTAIN
AMENDMENT NO. 2 TO AMENDED JOINT EXERCISE OF POWERS AGREEMENT
3 (INLAND VALLEY DEVELOPMENT AGENCY)
4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
5
SECTION 1. The Mayor is hereby authorized and directed to
6
approve a certain Amendment No. 2 to Amended Joint Exercise of
7
Powers Agreement (Inland Valley Development Agency) as attached
8
hereto as Exhibit A.
9
SECTION 2,
The authorization to execute the above-
10
referenced Amendment is rescinded if the parties to the Amendment
11
fail to execute it within sixty (60) days of the passage of this
12
Resolution.
13
I HEREBY CERTIFY that the foregoing resolution was duly
14
adopted by the Mayor and Common Council of the City of San
15
Bernardino at a
regular
meeting thereof, held on
16
April
, 1996 by the following
the
15th
day of
17
vote, to wit:
18
Council Members:
19
NEGRETE
20
CURLIN
21
ARIAS
22
OBERHELMAN
23
DEVLIN
24
ANDERSON
25
MILLER
26
27
28
DAB/js [IVDA,Res]
1
RES 96-98'
1 RESOLUTION. . . APPROVING AMENDMENT NO, 2 TO AMENDED JOINT
EXERCISE OF POWERS AGREEMENT (IVDA)
2
3
The foregoing resolution is hereby approved this t6ta day
4
of
April
, 1996.
5
'-----r-On1~/!~
T6m Minor, Mayor
City of San Bernardino
6
7
8
Approved as to form
and legal content:
9
10
JAMES F. PENMAN
City Attorney
11
~~,~)
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
DAB/js [IVDA,Res]
2
RES 96-9~PR 04 '96 09:46AM SABO & GREEN
P.24
AMENDMENT NO.2 TO AMENDED
JOINT EXERCISE OF POWERS AGREEMENT
(INLAND VALLEY DEVELOPMENT AGENCY)
THIS AMENDMENT NO. 2 (MAmendment No.2") to that certain
Amended Joint Exercise of Powers Agreement which is dated for convenience as of
February 12, 1990 ("Amended jPA "), is made and entered Into this day of
, 1996, by and among the Cities of San Bernardino, Colton, Loma Linda and
the County of San Bernardino (collectively "Members"), and the City of Highland
("Highland" or "New Member"). The Members and the New Member agree as follows:
1 . PurDose of Amgndmllnt.
In accordance with Sections 2.04 and 8.04 of the Amended jPA, the
Members of the Inland Valley Development Agency ("Agency") deem it appropriate to
admit Highland as a New Member of the Agency upon the terms and conditions set
forth below. Except as specifically amended herein, the terms and conditions of the
Amended jPA and Amendment No.1 to the Amended jPA, which became effective
on April 13, 1992, remain in full force and effect, except as to the extent necessary
to conform to the amendments contained herein.
2. Terms.
The terms used herein, unless otherwise defined, shall have the same
meanings as in the Amended jPA and Amendment No.1. References herein to
"Section" are to Sections of the Amended jPA, and references to "paragraph" are to
paragraphs of this Amendment No.2.
3. Amendment to Section 2.04.
Upon approval of this Amendment No.2 by the Members and Highland,
Section 2.04 is amended to add additional paragraphs to read as follows:
The membership of the Agency shall be expanded to include Highland as
a New Member. As a condition of membership, the City Council of Highland shall
designate an area of approximately 450 acres to be Included within a survey area, and
to be considered for inclusion by the Agency within the Project Area. The payment
of the costs for undertaking the amendment to the Redevelopment Plan and the CECA
review to include Highland territory shall be advanced by the Agency and reimbursed
to the Agency from: (I) the Highland portion of the to be generated tax increment
revenues; (ii) the increased portion of the Highland general fund property tax revenues
to be generated; and (Hi) the additional tax increment revenues to be generated from
- 1 -
--
RES 96-g&pR 04 '96 09:47AM SABO & GREEN
P.25
the other taxing entitles within the proposed Highland territory. Such reimbursement
shall continue until the Agency costs as incurred for the Redevelopment Plan
amendment and the required CEOA compliance are repaid in whole. Upon full
reimbursement of the Agency's advanced costs, the Highland general fund portion of
the property taxes shall be treated In the same manner as are the other city Members
(I.e. fifty percent (50%) to Highland as proceeds of taxes, and fifty percent (50%) to
the Agency as tax increment revenues).
As a condition of membership of Highland in the Agency, Highland
agrees not to exercise any rights or remedies granted to Highland pursuant to the
Members' Settlement Agreement by and among the Members, the City of Redlands
(URedlands"l. Highland and the East Valley Association ("EVA"), and the Agency
Settlement Agreement by and among the Agency, Redlands, Highland and the EVA,
entered into on or about May, 1992 in settlement of San Bernardino Superior Court
Case Nos. 255222 and 256889 (which were consolidated and transferred to the
Orange County Superior Court as Case No. 680255), so as to impose no additional
restrictions upon the Agency, the San Bernardino International Airport Authority, and
the Members than is presently required or may be required in the future pursuant to
applicable State and Federal Law for the development of the Project Area, the former
Norton Air Force Base end adjacent areas.
4. Amendment to Section 2.09.
Upon approval of the Amendment by the Members and Highland, the first
peragraph and the first sentence of the second paragraph of Section 2.09 are amended
to reed as follows:
The number of votes for each public entity which is included within the
then current membership of the Agency as either a Member or a New Member shall
be as follows:
Votes
City of San Bernardino
County of San Bernardino
City of Colton
City of Loma Linda
City of Highland
4
2
2
2
2
Each Member with two (2) votes shall have two (2) Board Members with
one (1) vote each and the Member with four (4) votes shall have four (4) Board
Members with one (1) vote each, provided that the Mayor must be appointed to one
- 2 -
RES }lli-Q/lPR 04 '96 09: 47AM SRBO & GREEN
P.26
(1) seat on the Board and three (3) councilmembers shall be appointed to the other
three (3) remaining seats on the Boerd.
5. Amendment t~ SAetion 2.10.
Upon approval of this Amendment No.2 by the Members and Highland,
Section 2.10 is amended to edd an additional paragraph to read as follows:
There shall be twelve (12) seats on the Board with a majority being
seven (7) votes and a quorum requirement of three (3) entities being represented and
at least seven (7) Board Members being present.
6. Authorization to PrAoara ComDosite Aareement.
The appropriete personnel on behalf of the Agency are hereby authorized
and directed to prepare a composite of the Amended JPA Indicating the changes that
will take effect as a result of this Amendment No.2.
7. Effective Dates.
This Amendment No.2 shall become effective as to the Members and
Highland upon approval by the legislative bodies of each Member and Highland. Prior
to the effective dates of this Amendment No.2, the Amended JPA as amended by
Amendment No. 1 shall continue in full force and effect.
- 3 -
.'
RES96-9~PR 04 '96 09:47AM SABO & GREEN
P.27
IN WITNESS WHEREOF, the parties hereto have caused this Amendment
No.2 to be executed and attested by their proper officers thereunder duly authorized
and their official seal to be hereto affixed, on the day and year set opposite the neme
of aach of the parties.
CITY OF SAN BERNARDINO, CALIFORNIA
By:
Title:
(SEAL)
ATTEST:
City Clerk
Approved as to Form:
City Attorney
CITY OF COLTON, CALIFORNIA
By:
Title:
(SEAL)
ATTEST:
City Clerk
Approved as to Form:
City Attorney
- 4 -
.'
RES96-9~PR 04 '96 09:48RM SRBO & GREEN
(SEAL)
ATTEST:
City Clerk
Approved as to Form:
City Attorney
(SEAL)
ATTEST:
Clerk of the Board of Supervisors
Approved illS to Form:
County Counsel
P.28
CITY OF LOMA LINDA, CALIFORNIA
By:
Title:
COUNTY OF SAN BERNARDINO
By:
Title:
- 5 -
RES 96-9~PR 04 '96 09:48AM SABO & GREEN
(SEAL)
ATTEST:
City Clerk
Approved as to Form:
City Attorney
CSB0lOOO8/00CI33eA
3114/982:40 ow
CITY OF HIGHLAND. CALIFORNIA
By:
Title:
- 6 -
P.29
RES96-9~PR 04 '96 09:46RM SABO & GREEN
P.23
EXHIBIT HAn
AMENDMENT NO. 2 TO
AMENDED JOINT EXERCISE OF POWERS
AGREEMENT
(INLAND VALLEY DEVELOPMENT AGENCY)
\
\
RES ,96-9~PR 04 '96 09:44AM SABO & GREEN
P.l?
RESOLUTION NO.
96-J!/
RESOLUTION OF THE INLAND VALLEY DEVELOpMENT AGENCY
APPROVING A CERTAIN AMENDMENT NO. 2 TO AMENDED
JOINT EXERCISE OF POWERS AGREEMENT (INLAND VALLEY
DEVELOPMENT AGENCY)
WHEREAS, the Inland valley Development Agency ("IVDA")
was established by the legislative bodies of the County of
San Bernardino, the City of San Bernardino ("City"), a charter
city, the City of Lorna Linda, a charter city, and the City of
Colton, a general law city ("Members"); and
WHEREAS, on January 24, 1990, a certain Joint Exercise of
Powers Agreement ("Agreement") became effective in which the
purposes and powers of the IVDA are set forth in connection with
the adoption of a redevelopment plan and the acquisition of certain
areas within Norton Air Force Ease ("NAPE") if and when available
for acquisition; and
WHEREAS, on February 12, 1990, and February 13, 1990, the
Members approved and authorized the execution of a certain Amended
Joint Exercise of Powers Agreement ("Amended Agreement") which
amended and .uper.eded the Agreement, and
- 1 -
,
RES 96-98
APR 04 '96 09:45AM SABO & GREEN
P.1S
WHEREAS, on July 18, 1990, the Members approved and
adopted the Redevelopment plan ("Redevelopment Plan" ) For The
Inland Valley Redevelopment Project Area ("Project Area"); and
WHEREAS, the Members approved and authorized the
execution of a certain Amendment No. 1 to the Amended Agreement,
which became effective on April 13, 1992; and
WHEREAS, pursuant to Government Code Section 6502 and
Sections 4.01 and 4.03 of the Amended Agreement, the IVDA may
exercise the powers common to each of its Members which are
necessary to accomplish the purposes of the Amended Agreement,
subject to the restrictions upon the exercise of such powers that
are imposed upon the City; and
WHEREAS, Section 2.04 of the Amended Agreement provides
1l1t~r alia. that the membership of the IVDA may be expanded to admit
a New Member after the final adoption of the Redevelopment Plan by
processing an amendment to the Redevelopment plan pursuant to
Health and Safety Code Section 33450, ~. ~., to include the
territory of any propo..d New Member, and upon the unanimous vote
of the Board Members and the adoption and approval of each Member
- 2 -
RES 96-98
APR 04 '96 09:45AM SABO & GREEN
P.19
of an amendment to the Amended Agreement in aooordanoe with Section
8.04 thereof; and
WHEREAS, Section 8.04 of the Amended Agreement provides
inter Al1A that the Amended Agreement may be amended by
supplemental agreements approved by official action of the Members'
legislative bodies, and exeouted by all of the Members who are
parties to the Amended Agreement, for the purpose of adding New
Members; and
WHEREAS, in accordanoe with Sections 2.04 and 8.04 of the
Amended Agreement, the IVDA deems it appropriate to admit the City
of Highland ("Highland") as a New Member of the IVDA pursuant to
the terms and conditions set forth in that certain Amendment No. 2
To Amended Joint Exercise Of Powers Agreement (Inland Valley
Development Agency) ("Amendment No. :<"), a copy of which is attached
hereto as Exhibit RAR and is incorporated herein by this reference.
NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY
THE INLAND VALLEY DEVELOPMENT AGENCY, AS FOLLOWS:
- 3 -
RES,96-9~PR 04 '96 09:45AM 5ABO & GREEN
P.20
Section 1.
The IVDA hereby approves Amendment No. 2
in the form attached hereto as Exhibit "A", and incorporated herein
by this reference.
Se~t: i en 2. Upon approval of Amendment No. 2 by the
Members and Highland, the Executive Director of the IVDA is
authorized and directed to prepare a composite of the Amended
Agreement indicating the changes that will take effect as a result
of Amendment No.2.
S@ction 3.
Upon approval of Amendment No. 2 by the
Members and Highland, the Executive Director of the IVDA is
authorized and directed to initiate and undertake all necessary
actions (including without limitation the required review under the
California Environmental Quality Act) in order to process an
amendment to the Redevelopment Plan pursuant to Health and Safety
Code Section 33450, ~. ~., to include the designated territory
of Highland within the Project Area.
~~ct:inn 4.
This Resolution shall become effective
immediately upon its adoption.
- 4 -
,
RES 96-98
~PR 04 '96 09:46~M SRBO & GREEN
P.21
PASSED, APPROVED AND ADOPTED this
6? of:!:. day of
a , Co-Chairman
Valley Development Agency
(Seal)
Attest:
)
Agency
~~~
Tom.Minor, Co-Chairman
Inland Valley Development Agency
- 5 -
r
RES 96-9~PR 04 '96 09:46AM SRBO & GREEN
P.22
I, Linda Summers, Secretary of the Inland Valley
Development Agency (IVDA) do hereby certify that the foregoing
Resolution No. g VI - I'{ was duly and regularly passed and adopted
by the IVDA at aI\. ~ Po11-' ~meeting thereof, held on the
O<o!>- day of ~ ,1996, and that the foregoing is a
full, true and correct copy of said Resolution, and has not been
amended or repealed.
(Seal)
Attest:" J
X -'~'- E-
~'"VrOti si. i~'A.-
'1 ~ l,
"~creta:rY',!1'f the
Inlana::,valley Development Agency
, "
CSBO\0006\DOC\3S9
3/14/96 ;o:SO
- 6 -