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HomeMy WebLinkAboutR06-RDA Item Redevelopment Agency · City of San Bernardino 300 North "D" Street, Fourth Floor. San BlmaI'dino, California 92418 (714) 384-5081 FAX (714) 888-9413 Pride -I ~e~ MARCH 28, 1990 FINAL READING OF THE ORDINANCES TO ALLOW RDA TO SET-ASIDE 20% OF THE TAX INCREMENT GENERATED IN ALL OF THE PROJECT AREAS FOR LOW AND MODERATE HOUSING IN ACCORDANCE WITH STATE LEGISLATION 33334.6. Synopsis of Previous Commission/Council/Committee Action: 03-19-99 The Ordinances were layed over for adoption. Recommended motion: (A) An ordinance of the City of San Bernardino, California, amending Ordinance No. MC-561 and the Redevelopment Plan for the Central City North Redevelopment Project. (B) An ordinance of the City of San Bernardino, California, amending Ordinance No. MC-561 and the Redevelopment Plan for the Central City West Redevelopment Project. (C) An ordinance of the City of San Bernardino, California, amending Ordinance No. MC-563 and the Redevelopment Plan for the Central City East Redevelopment Project. (D) An ordinance of the City of San Bernardino, California, amending Ordinance No. MC-565 and the Redevelopment Plan for the Southeast Industrial Park Redevelopment Project. (E) An ordinance of the City of San Bernardino, California, amending Ordinance No. MC-558 and the Redevelopment Plan for the Meadowbrook Redevelopment Project. (F) An ordinance of the City of San Bernardino. California, amending Ordinance No. MC-564 and the Redevelopment Plan for the Central City South Redevelopment Project. (G) An ordinance of the City of San Bernardino, California, amending Ordinance No. MC-560 and the Redevelopment Plan for the State College Redevelopment Project. Respectfully Submitted, ROb~lr~~~~ing Executive Director Supporting data attached: Yes FUNDING REQUIREMENTS: None Council Notes: Ward: 1 Project: ALL RBT:mv:1991R Agenda Of:~ Item No. ORDINANCE NO. AN ORDINANCE OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING ORDINANCE NO. MC-561 AND THE REDEVELOPMENT PLAN FOR THE CENTRAL CITY NORTH REDEVELOPMENT PROJECT WHEREAS, by Ordinance No. 3366 adopted on August 6, 1973, the Mayor and Common Council of the City of San Bernardino, California, duly adopted the Redevelopment Plan for the Meadowbrook Redevelopment Project (the "Redevelopment Plan"); and WHEREAS, by Ordinance No. MC-561, adopted, on December 8, 1986, the Redevelopment Plan was subsequently amended by the Mayor and Common Council in accordance with Legislative mandate set forth in Health & Safety Code Section 33333.4(a) to include certain provisions including without limitation provisions relating to the number of dollars of taxes which may be divided and allocated to the Commission pursuant to the Redevelopment Plan; WHEREAS, Section E-3b entitled "Limitation on Number of Dollars of Taxes Which May be Divided and Allocated to Agency" was added to the Redevelopment Plan pursuant to Ordinance No. MC-561; and WHEREAS, the Community Development Commission has prepared under the requirements of Section 33334.6(g) and adopted by Resolution No. , a plan (the "Housing Fund Deficit Plan") to eliminate the deficit in the low and moderate income housing fund for the Redevelopment Plan (the "Housing Fund"); and WHEREAS, Section 33333.4(c) provides that any city which adopted an ordinance pursuant to Section 33333.4(a) shall amend such ordinance to modify the tax increment limit in the Redevelopment Plan when it determines that the tax increment limit previously established is inadequate to fund the Housing Fund deficit resulting from the imposition of the twenty percent (20%) set aside requirement imposed by Section 33334.6; and WHEREAS, in order to elminate the deficit in the Housing Fund, it is necessary to amend and modify the provisions of the Redevelopment Plan relating to the tax increment limit; and WHEREAS, the City has given notice pursuant to the requirements of the California Environmental Quality Act (Public Resources Code Section 21000 et ~.) of its intention to adopt a negative declaration of environmental impacts relating to the amendment and modification of the Redevelopment Plan. NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: Section 1. The following sentence shall be added to to the end of Section "E-3b" of the Redevelopment Plan: "An amount equal to twenty-five percent (25%) of that amount derived from the above formula shall be added to that amount resulting from the application of the above formula to arrive at the total tax increment." Section 2. Within fifteen (15) days after its passage, the City Clerk shall cause this Ordinance to be published at least once in a newspaper of general circulation published and circulated in the City of San Bernardino. This Ordinance shall take effect thirty (30) days fOllowing the date of adoption hereof. I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and Common Council of tne City of San Bernardino at an adjourned regular meeting hereof, held on the ___ day of , 1990, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: City Clerk The foregoing Ordinance is hereby approved this ___ day of , 1990. Mayor of the City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN, City Attorney 8Y~/ 02/23/90 8468n/2601/020 - 2 - ORDINANCE NO. AN ORDINANCE OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING ORDINANCE NO. MC-562 AND THE REDEVELOPMENT PLAN FOR THE CENTRAL CITY WEST REDEVELOPMENT PROJECT WHEREAS, by Ordinance No. 3553 adopted on February 17, 1976, the Mayor and Common Council of the City of San Bernardino, California, duly adopted the Redevelopment Plan for the Meadowbrook Redevelopment Project (the "Redevelopment Plan"); and WHEREAS, by Ordinance No. MC-562, adopted, on December 8, 1986, the Redevelopment Plan was subsequently amended by the Mayor and Common Council in accordance with Legislative mandate set forth in Health & Safety Code Section 33333.4(a) to include certain provisions including without limitation provisions relating to the number of dollars of taxes which may be divided and allocated to the Commission pursuant to the Redevelopment Plan; WHEREAS, Section E-3b entitled "Limitation on Number of Dollars of Taxes Which May be Divided and Allocated to Agency" was added to the Redevelopment Plan pursuant to Ordinance No. MC-562; and WHEREAS, the Community Development Commission has prepared under the requirements of Section 33334.6(g) and adopted by Resolution No. , a plan (the "Housing Fund Deficit Plan") to eliminate the deficit in the low and moderate income housing fund for the Redevelopment Plan (the "Housing Fund"); and WHEREAS, Section 33333.4(c) provides that any city which adopted an ordinance pursuant to Section 33333.4(a) shall amend such ordinance to modify the tax increment limit in the Redevelopment Plan when it determines that the tax increment limit previously established is inadequate to fund the Housing Fund deficit resulting from the imposition of the twenty percent (20%) set aside requirement imposed by Section 33334.6; and WHEREAS, in order to elminate the deficit in the Housing Fund, it is necessary to amend and modify the provisions of the Redevelopment Plan relating to the tax increment limit; and WHEREAS, the City has given notice pursuant to the requirements of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) of its intention to adopt a negative declaration of environmental impacts relating to the amendment and modification of the Redevelopment Plan. NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: Section 1. The following sentence shall be added to to the end of Section "E-3b" of the Redevelopment Plan: "An amount equal to twenty-five percent (25%) of that amount derived from the above formula shall be added to that amount resulting from the application of the above formula to arrive at the total tax increment." Section 2. Within fifteen (15) days after its passage, the City Clerk shall cause this Ordinance to be published at least once in a newspaper of general circulation published and circulated in the City of San Bernardino. This Ordinance shall take effect thirty (30) days following the date of adoption hereof. I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and Common Council of the City of San Bernardino at an adjourned regular meeting hereof, held on the ___ day of , 1990, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: City Clerk The foregoing Ordinance is hereby approved this ___ day of , 1990. Mayor of the City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN, City Attorney BY~/ 02/23/90 8466n/2601/020 - 2 - ORDINANCE NO. AN ORDINANCE OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING ORDINANCE NO. MC-563 AND THE REDEVELOPMENT PLAN FOR THE CENTRAL CITY EAST REDEVELOPMENT PROJECT WHEREAS, by Ordinance No. 3571 adopted on May 3, 1976, the Mayor and Common Council of the City of San Bernardino, California, duly adopted the Redevelopment Plan for the Meadowbrook Redevelopment Project (the "Redevelopment Plan"); and WHEREAS, by Ordinance No. MC-563, adopted'on December 8, 1986, the Redevelopment Plan was subsequently amended by the Mayor and Common Council in accordance with Legislative mandate set forth in Health & Safety Code Section 33333.4(a) to include certain provisions including without limitation provisions relating to the number of dollars of taxes which may be divided and allocated to the Commission pursuant to the Redevelopment Plan; WHEREAS, Section E-3b entitled "Limitation on Number of Dollars of Taxes Which May be Divided and Allocated to Agency" was added to the Redevelopment Plan pursuant to Ordinance No. MC-563; and WHEREAS, the Community Development Commission has prepared under the requirements of Section 33334.6(g) and adopted by Resolution No. , a plan (the "Housing Fund Deficit Plan") to eliminate the deficit in the low and moderate income housing fund for the Redevelopment Plan (the "Housing Fund"); and WHEREAS, Section 33333.4(c) provides that any city which adopted an ordinance pursuant to Section 33333.4(a) shall amend such ordinance to modify the tax increment limit in the Redevelopment Plan when it determines that the tax increment limit previously established is inadequate to fund the Housing Fund deficit resulting from the imposition of the twenty percent (20%) set aside requirement imposed by Section 33334.6; and WHEREAS, in order to elminate the deficit in the Housing Fund, it is necessary to amend and modify the provisions of the Redevelopment Plan relating to the tax increment limit; and WHEREAS, the City has given notice pursuant to the requirements of the California Environmental Quality Act (Public Resources Code Section 21000 et ~.) of its intention to adopt a negative declaration of environmental impacts relating to the amendment and modification of the Redevelopment Plan. NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: Section 1. The following sentence shall be added to to the end of Section "E-3b" of the Redevelopment Plan: "An amount equal to twenty-five percent (25%) of that amount derived from the above formula shall be added to that amount resulting from the application of the above formula to arrive at the total tax increment." Section 2. within fifteen (15) days after its passage, the City Clerk shall cause this Ordinance to be published at least once in a newspaper of general circulation published and circulated in the City of San Bernardino. This Ordinance shall take effect thirty (30) days following the date of adoption hereof. I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and Common Council of the City of San Bernardino at an adjourned regular meeting hereof, held on the ___ day of , 1990, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: City Clerk The foregoing Ordinance is hereby approved this ___ day of , 1990. Mayor of the City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN, City Attorney B~ 02123/90 8465n/2601/020 - 2 - ORDINANCE NO. AN ORDINANCE OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING ORDINANCE NO. MC-565 AND THE REDEVELOPMENT PLAN FOR THE SOUTHEAST INDUSTRIAL PARK REDEVELOPMENT PROJECT WHEREAS, by Ordinance No. 3585 adopted on June 21, 1976, the Mayor and Common Council of the City of San Bernardino, California, duly adopted the Redevelopment Plan for the Meadowbrook Redevelopment Project (the "Redevelopment Plan"); and WHEREAS, by Ordinance No. MC-565, adopted on December 8, 1986, the Redevelopment Plan was subsequently amended by the Mayor and Common Council in accordance with Legislative mandate set forth in Health & Safety Code Section 33333.4(a) to include certain provisions including without limitation provisions relating to the number of dollars of taxes which may be divided and allocated to the Commission pursuant to the Redevelopment Plan; WHEREAS, Section E-3b entitled "Limitation on Number of Dollars of Taxes Which May be Divided and Allocated to Agency" was added to the Redevelopment Plan pursuant to Ordinance No. MC-565; and WHEREAS, the Community Development Commission has prepared under the requirements of Section 33334.6(g) and adopted by Resolution No. , a plan (the "Housing Fund Deficit Plan") to eliminate the deficit in the low and moderate income housing fund for the Redevelopment Plan (the "Housing Fund"); and WHEREAS, Section 33333.4(c) provides that any city which adopted an ordinance pursuant to Section 33333.4(a) shall amend such ordinance to modify the tax increment limit in the Redevelopment Plan when it determines that the tax increment limit previously established is inadequate to fund the Housing Fund deficit resulting from the imposition of the twenty percent (20%) set aside requirement imposed by Section 33334.6; and WHEREAS, in order to elminate the deficit in the Housing Fund, it is necessary to amend and modify the provisions of the Redevelopment Plan relating to the tax increment limit; and WHEREAS, the City has given notice pursuant to the requirements of the California Environmental Quality Act (Public Resources Code Section 21000 et ~.) of its intention to adopt a negative declaration of environmental impacts relating to the amendment and modification of the Redevelopment Plan. NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: Section 1. The following sentence shall be added to to the end of Section "E-3b" of the Redevelopment Plan: "An amount equal to twenty-five percent (25%) of that amount derived from the above formula shall be added to that amount resulting from the application of the above formula to arrive at the total tax increment." Section 2. Within fifteen (15) days after its passage, the City Clerk shall cause this Ordinance to be published at least once in a newspaper of general circulation published and circulated in the City of San Bernardino. This Ordinance shall take effect thirty (30) days following the date of adoption hereof. I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and Common Council of the City of San Bernardino at an adjourned regular meeting hereof, held on the ___ day of , 1990, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: City Clerk The foregoing Ordinance is hereby approved this ___ day of , 1990. Mayor of the City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN, City Attorney BY~!!t / 02123/90 8469n/260l/020 - 2 - ORDINANCE NO. AN ORDINANCE OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING ORDINANCE NO. MC-SS8 AND THE REDEVELOPMENT PLAN FOR THE MEADOWBROOK REDEVELOPMENT PROJECT WHEREAS, by Ordinance No. 2233 adopted on January 21, 19S8, and amended by Ordinance No. 3683 on November 7, 1977, the Mayor and Common Council of the City of San Bernardino, California, duly adopted the Redevelopment Plan for the Meadowbrook Redevelopment Project (the "Redevelopment Plan"); and WHEREAS, by Ordinance No. MC-SS8, adopted on December 8, 1986, the Redevelopment Plan was subsequently amended by the Mayor and Common Council in accordance with Legislative mandate set forth in Health & Safety Code Section 33333.4(a) to include certain provisions including without limitation provisions relating to the number of dollars of taxes which may be divided and allocated to the Commission pursuant to the Redevelopment Plan; WHEREAS, Section E-3b entitled "Limitation on Number of Dollars of Taxes Which May be Divided and Allocated to Agency" was added to the Redevelopment Plan pursuant to Ordinance No. MC-SS8; and WHEREAS, the Community Development Commission has prepared under the requirements of Section 33334.6(g) and adopted by Resolution No. , a plan (the "Housing Fund Deficit Plan") to eliminate the deficit in the low and moderate income housing fund for the Redevelopment Plan (the "Housing Fund"); and WHEREAS, Section 33333.4(c) provides that any city which adopted an ordinance pursuant to Section 33333.4(a) shall amend such ordinance to modify the tax increment limit in the Redevelopment Plan when it determines that the tax increment limit previously established is inadequate to fund the Housing Fund deficit resulting from the imposition of the twenty percent (20%) set aside requirement imposed by Section 33334.6; and WHEREAS, in order to elminate the deficit in the Housing Fund, it is necessary to amend and modify the provisions of the Redevelopment Plan relating to the tax increment limit; and WHEREAS, the City has given notice pursuant to the requirements of the California Environmental Quality Act (Public Resources Code Section 21000 et ~.) of its intention to adopt a negative declaration of environmental impacts relating to the amendment and modification of the Redevelopment Plan. NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: Section 1. The following sentence shall be added to to the end of Section "E-3b" of the Redevelopment Plan: "An amount equal to twenty-five percent (25%) of that amount derived from the above formula shall be added to that amount resulting from the application of the above formula to arrive at the total tax increment." Section 2. Within fifteen (15) days after its passage, the City Clerk shall cause this Ordinance to be published at least once in a newspaper of general circulation published and circulated in the City of San Bernardino. This Ordinance shall take effect thirty (30) days following the date of adoption hereof. I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and Common Council of the City of San Bernardino at an adjourned regular meeting hereof, held on the day of , 1990, by the fOllowing vote, to wit: AYES: NOES: ABSENT: ABSTAIN: City Clerk The foregoing Ordinance is hereby approved this ___ day of , 1990. Mayor of the City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN, City Attorney B~/ 02123/90 dOA':ln/J!;Ol/?O _'J_ ORDINANCE NO. AN ORDINANCE OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING ORDINANCE NO. MC-564 AND THE REDEVELOPMENT PLAN FOR THE CENTRAL CITY SOUTH REDEVELOPMENT PROJECT WHEREAS, by Ordinance No. 3572 adopted on May 3, 1976, the Mayor ~nd Common Council of the City of San Bernardino, California, duly adopted the Redevelopment Plan for the Meadowbrook Redevelopment Project (the "Redevelopment Plan"); and WHEREAS, by Ordinance No. MC-564, adopted' on December 8, 1986, the Redevelopment Plan was subsequently amended by the Mayor and Common Council in accordance with Legislative mandate set forth in Health & Safety Code Section 33333.4(a) to include certain provisions including without limitation provisions relating to the number of dollars of taxes which may be divided and allocated to the Commission pursuant to the Redevelopment Plan; WHEREAS, Section E-3b entitled "Limitation on Number of Dollars of Taxes Which May be Divided and Allocated to Agency" was added to the Redevelopment Plan pursuant to Ordinance No. MC-564; and WHEREAS, the Community Development Commission has prepared under the requirements of Section 33334.6(g) and adopted by Resolution No. , a plan (the "Housing Fund Deficit Plan") to eliminate the deficit in the low and moderate income housing fund for the Redevelopment Plan (the "Housing Fund"); and WHEREAS, Section 33333.4(c) provides that any city which adopted an ordinance pursuant to Section 33333.4(a) shall amend such ordinance to modify the tax increment limit in the Redevelopment Plan when it determines that the tax increment limit previously established is inadequate to fund the Housing Fund deficit resulting from the imposition of the twenty percent (20%) set aside requirement imposed by Section 33334.6; and WHEREAS, in order to elminate the deficit in the Housing Fund, it is necessary to amend and modify the provisions of the Redevelopment Plan relating to the tax increment limit; and WHEREAS, the City has given notice pursuant to the requirements of the California Environmental Quality Act (Public Resources Code Section 21000 et ~.) of its intention to adopt a negative declaration of environmental impacts relating to the amendment and modification of the Redevelopment Plan. NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: Section 1. The fOllowing sentence shall be added to to the end of Section "E-3b" of the Redevelopment Plan: "An amount equal to twenty-five percent (25%) of that amount derived from the above formula shall be added to that amount resulting from the application of the above formula to arrive at the total tax increment." Section 2. Within fifteen (15) days after its passage, the City Clerk shall cause this Ordinance to be published at least once in a newspaper of general circulation published and circulated in the City of San Bernardino. This Ordinance shall take effect thirty (30) days following the date of adoption hereof. I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and Common Council of the City of San Bernardino at an adjourned regular meeting hereof, held on the ~ day of , 1990, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: City Clerk The foregoing Ordinance is hereby approved this ___ day of , 1990. Mayor of the City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN, ::~y~ / 02/23/90 8464n/2601/20 - 2 - ORDINANCE NO. AN ORDINANCE OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING ORDINANCE NO. MC-560 AND THE REDEVELOPMENT PLAN FOR THE STATE COLLEGE REDEVELOPMENT PROJECT WHEREAS, by Ordinance No. 3067 adopted on April 27, 1970, the Mayor and Common Council of the City of San Bernardino, California, duly adopted the Redevelopment Plan for the Meadowbrook Redevelopment Project (the "Redevelopment Plan"); and WHEREAS, by Ordinance No. MC-560, adopted, on December 8, 1986, the Redevelopment Plan was subsequently amended by the Mayor and Common Council in accordance with Legislative mandate set forth in Health & Safety Code Section 33333.4(a) to include certain provisions including without limitation provisions relating to the number of dollars of taxes which may be divided and allocated to the Commission pursuant to the Redevelopment Plan; WHEREAS, Section E-3b entitled "Limitation on Number of Dollars of Taxes Which May be Divided and Allocated to Agency" was added to the Redevelopment Plan pursuant to Ordinance No. MC-560; and WHEREAS, the Community Development Commission has prepared under the requirements of Section 33334.6(g) and adopted by Resolution No. , a plan (the "Housing Fund Deficit Plan") to eliminate the deficit in the low and moderate income housing fund for the Redevelopment Plan (the "Housing Fund"); and WHEREAS, Section 33333.4(c) provides that any city which adopted an ordinance pursuant to Section 33333.4(a) shall amend such ordinance to modify the tax increment limit in the Redevelopment Plan when it determines that the tax increment limit previously established is inadequate to fund the Housing Fund deficit resulting from the imposition of the twenty percent (20%) set aside requirement imposed by Section 33334.6; and WHEREAS, in order to elminate the deficit in the Housing Fund, it is necessary to amend and modify the provisions of the Redevelopment Plan relating to the tax increment limit; and WHEREAS, the City has given notice pursuant to the requirements of the California Environmental Quality Act (Public Resources Code Section 21000 et ~.) of its intention to adopt a negative declaration of environmental impacts relating to the amendment and modification of the Redevelopment Plan. NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: Section 1. The following sentence shall be added to to the end of Section "E-3b" of the Redevelopment Plan: "An amount equal to twenty-five percent (25%) of that amount derived from the above formula shall be added to that amount resulting from the application of the above formula to arrive at the total tax increment." Section 2. Within fifteen (15) days after its passage, the City Clerk shall cause this Ordinance to be published at least once in a newspaper of general circulation published and circulated in the City of San Bernardino. This Ordinance shall take effect thirty (30) days fOllowing the date of adoption hereof. I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and Common Council of the City of San Bernardino at an adjourned regular meeting hereof, .held on the ___ day of , 1990, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: City Clerk The foregoing Ordinance is hereby approved this ___ day of , 1990. Mayor of the City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN, City Attorney BY~ 02123/90 8467n/260l/020 - 2 -