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RESOLUTION NO. 96-334
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO RESCINDING RESOLUTION NO.
96-98 AND APPROVING A CERTAIN AMENDMENT NO. 2 TO
AMENDED JOINT EXERCISE OF POWERS AGREEMENT
(INLAND VALLEY DEVELOPMENT AGENCY)
WHEREAS, the City of San Bernardino, California
("Ci ty") is a charter city and a municipal corporation duly
organized and existing under the Constitution and Laws of the
State of California; and
11 WHEREAS, the Inland Valley Development Agency ("IVDA")
12 was established by the legislative bodies of the City, the County
13 of San Bernardino, the City of Colton, and the City of Loma Linda
14 ("Members"); and
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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 Base ("NAFB") 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which amended and superseded the Agreement; and
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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
inter ~ 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 proposed New Member, and upon the
unanimous vote of the Board Members and the adoption and approval
of each Member of an amendment to the Amended Agreement in
accordance with Section 8.04 thereof; and
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WHEREAS, Section 8.04 of the Amended Agreement provides
inter alia that the Amended Agreement may be amended by
supplemental agreements approved by official action of the
Members' legislative bodies, and executed by all of the Members
who are parties to the Amended Agreement, for the purpose of
adding New Members; and
WHEREAS, on April 15, 1996, the city adopted its
Resolution No. 96-98 approving a certain Amendment No. 2 To
Amended Joint Exercise of Powers Agreement (Inland Valley
Development Agency); and
WHEREAS, the other Members of the IVDA did not execute
Amendment No. 2 wi thin sixty (60) days of the passage of
Resolution No. 96-98; and
WHEREAS, the other Members have or in the immediate
future will execute Amendment No.2; and
WHEREAS, in accordance with Sections 2.04 and 8.04 of
the Amended Agreement, the city 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), a copy of which is attached
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hereto as Exhibit "A" and is incorporated herein by this
reference.
NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO, CALIFORNIA, DO HEREBY FIND, RESOLVE,
DETERMINE AND ORDER AS FOLLOWS:
SECTION 1.
No. 96-98.
The City hereby rescinds its Resolution
SECTION 2. The City hereby approves Amendment No.
2 in the form attached hereto as Exhibit "A", and incorporated
herein by this reference.
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO RESCINDING RESOLUTION NO. 96-98 AND APPROVING A
2 CERTAIN AMENDMENT NO. 2 TO AMENDED JOINT EXERCISE OF POWERS
AGREEMENT (INLAND VALLEY DEVELOPMENT AGENCY)
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SECTION 3.
The findings and determinations herein
shall be final and conclusive. This Resolution shall become
effective immediately upon its adoption.
I HEREBY CERTIFY that the foregoing Resolution was duly
adopted by the Mayor and Common Council of the City of
San Bernardino at a joint regular meeting
21st
October
thereof, held on the
day of
12 1996, by the following vote, to wit:
Council Members:
NAYS.
ABSTAIN
ABSENT
.&1E.S.
NEGRETE
CURLIN
ARIAS
OBERHELMAN
DEVLIN
ANDERSON
MILLER
x
x
x
x
x
x
x
~
The foregoing resolution is hereby approved this
;;yuJ
October
day of
, 1996.
---;;:;n121It'lu-t
Mayor of the City of
San Bernardino
Approved as to form and legal content:
JAMES F. PENMAN
City Attorney
By:
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EXHIBIT "A"
AMENDMENT NO. 2 TO
AMENDED JOINT EXERCISE OF POWERS
AGREEMENT
(INLAND VALLEY DEVELOPMENT AGENCY)
02/04/1998 10:35
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PAGE 02
RESOLUTION NO. 96 - .1!1
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 Base ("NAPB") 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 superseded the Agreement; and
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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
'v 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
inter 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 proposed New Member, and upon the unanimous vote
of the Soard Members and the adoption and approval of each Member
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'--"
of an amendment to the Amended Agreement in accordance with Section
8.04 thereof; and
WHEREAS, Section 8.04 of the Amended Agreement provides
inter aliA that the Amended Agreement may be amended by
supplemental agreements approved by official action of the Members'
legislative bodies, and executed by all of the Members who are
parties to the Amended Agreement, for the purpose of adding New
Members; and
----
WHEREAS, in accordance 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.2"), a copy of which is attached
hereto as Exhibit "A" and is incorporated herein by this reference.
NOW, THEREFORE, BE IT RESOLVED, DETERMINED J\ND ORDERED BY
THE INLAND VALLEY DEVELOPMENT AGENCY, AS FOLLOWS:
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S~ct.ion 1.
The IVDA hereby approves Amendment No. 2
.--,
in the form attached hereto as Exhibit "A", and incorporated herein
by this reference.
Sf'lct i on 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,
Sp.cticn 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.
Section 4.
This Resolution shall become effective
immediately upon its adoption.
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PASSED,
APPROVED AND ADOPTED this ~O-#.. . day of
.~
"11/lti-Nd _ , 1996.
Eaves, Co-Chairman
Valley Development Agency
(seair ..
:Attest:
.. .
.~ <" .
.
.... "
. 'cfeta~:.o'f
lfi~-:.vailey
he
Development Agency
..~
,-,"
~~'
/f'97J1 ~
~m Mino , Co-Chairman
Inland Valley Development Agency
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I, Linda Summers, Secretary of the Inland Valley
Development Agency (IVDA) do hereby certify that the foregoing
Resolution No. q~ -I ~ was duly and regularly passed and adopted
by the IVDA at afl ~A.vA ~~~eeting thereof, held on the
Q>ot.-. day of ~u:.... ,1996, and that the foregoing is a
full, true and correct copy of said Resolution, and has not been
amended or repealed.
{Seal I".
Attest; ~/ ~
.~hw eA~~rvnv/)
. ','-8'ecreta,xX'of' the
. "rnla~d~Valley Development Agency
CSBO\0006\OOC\389
-./' 3/14/96 2: SO
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EXHIBIT "A"
AMENDMENT NO. 2 TO
AMENDED JOINT EXERCISE OF POWERS
AGREEMENT
(INLAND VALLEY DEVELOPMENT AGENCY)
02/04/1~98 10:35
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AMENDMENT NO.2 TO AMENDED
JOINT EXERCISE OF POWERS AGREEMENT
(INLAND VALLEY DEVELOPMENT AGENCY)
THIS AMENDMENT NO. 2 (NAmendment No.2") to that certain
Amended Joint Exercise of Powers Agreement which is dated for convenience as of
February 12, 1990 ("Amended JPA H), 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 "MembersH), and the City of Highland
("Highland" or "New Member"). The Members and the New Member agree as follow.:
1 . PUfDose of Amendment.
In accordance with Sections 2.04 and 8.04 of the Amended JPA, the
Members of the Inland Valley Development Agency (H AgencyH) 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. Referances 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 8 condition of membership, the City Council of Highland shall
designate 8n 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
revenuesi (ii) the increased portion of the Highland general fund property tax revenues
to be generated; and (iii) the additional tax increment revenue. to be generated from
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,---"
the other taxing entities within the proposed Highland territory. Such reimbursement
shall continue until the Agency costs as incurred for the Redevelopment Plan
amendment and the required CECA 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
(MRedlands"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 and adjacent areas.
4. Amendment to Section 2 09.
'-.-
Upon approval of the Amendment by the Members and Highland, the first
paragraph and the first sentence of the second paragraph of Section 2.09 are amended
to read 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
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(1) seat on the Board and three (3) councilmembers shall be appointed to the other
~. three (3) remaining seats on the Board.
5. Am9ndment to Seetion 2.10.
Upon approval of this Amendment No.2 by the Members and Highland.
Section 2.10 is amended to add an additional paragraph to read as follows:
There shall be twelve (1 2) 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. i\uthoriz8tion to PreDare Comon~ite Aareement.
The appropriate personnel on behalf of the Agency are hereby authorized
and directed to prepare II composite of the Amended JPA indicating the changes that
will take effect as e 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 shell continue in full force and effect.
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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 name
of each 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
.........
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(SEAL)
ATTEST:
City Clerk
Approved as to Form:
City Attorney
'-""'
(SEAL)
ATTEST:
Clerk of the Board of Supervisors
Approved as to Form:
County Counsel
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CITY OF LOMA LINDA, CALIFORNIA
By:
Title:
COUNTY OF SAN BERNARDINO
By:
Title:
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(SEAL)
ATTEST:
City Clerk
Approved as to Form:
City Attorney
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CSBOJOOoa/DOCI33SA
3/14/9' 2:40 aw
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IVDA/SBlAA
CITY OF HIGHLAND. CALIFORNIA
By:
Title:
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..... <I