Loading...
HomeMy WebLinkAboutR11- City Clerks Office CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Rachel G. Clark, City Clerk Subject: Certification of Department: City Clerk Northwest Project Area Committee Election Results - October 8, 1997 Date: October 9, 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. Recommended Motions (Community Development Commission) That the Community Development Commission recommends approval of the Northwest Project Area Committee as elected on October 8, 1997. (Mayor and Common Council) Common Council declare that the adopted That the Mayor and Co procedures for the Northwest p p Project Area Committee election held on October 8, 1997, were followed and further declare as official the results of the Northwest Project Area Committee Election, as set forth in the Certification of Election Results, dated October 10, 1997, and accompanying Summary Report, dated October 8, 1997. 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: Cv STAFF REPORT DATE: October 9, 1997 TO: Hon. Mayor& Members of the City Council/Community Development Commission FROM: Rachel G. Clark, City Clerk SUBJECT: Certification of Northwest Project Area Committee Election Results 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. Forty-eight (48) persons qualified as candidates for election to this committee. The polling place was located at the Public Enterprise Center, 1505 West Highland Avenue, San Bernardino and the polling place was open from 7 a.m. until 8 p.m. A total of 158 voters cast ballots in this election. As the person responsible for conducting the election, I am satisfied that this election was conducted without any irregularity and I recommend that pursuant to Redevelopment Agency Resolution No. 84-221 (Please refer to page 6, paragraph (c), of the attached copy of said resolution), the Common Council approve and declare as official the election results as shown on the attached Certification of Election Results (dated October 10, 1997) and the accompanying Summary Report dated October 8, 1997. The Project Area Committee shall be deemed approved if the Common Council does not affirmatively disapprove it by the expiration of fifteen (15) days after the Common Council receives the official results of the election. The attached Summary Report contains the names of all candidates and the number of votes each received; however, following is a list of the 21 members who received the highest number of votes and, with your approval, will constitute the new Committee for the Northwest Redevelopment Project Area: i I � i 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 Spencer Brown Norris Gregory, Jr. Felton C. Anderson Ida E. Newell Mary E. Riley Robert Hampton j Veta Harris Beulah Pitts Warren G. Watson Joseph F. Jacquet, Sr. The form motions are recommended for adoption by the Mayor and Common Council and the Commission. Rac el G. Clark City Clerk Agenda Item No. 2 1 CERTIFICATE OF ELECTION RESULTS NORTHWEST PROJECT AREA COMMITTEE ELECTION 2 HELD OCTOBER 8, 1997 3 4 STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) SS 5 CITY OF SAN BERNARDINO 6 I, RACHEL G. CLARK, City Clerk of the City of San Bernardino, County of San Bernardino, State 7 of California, DO HEREBY CERTIFY that an election was held on October 8, 1997, for the purpose of 8 electing twenty-one(21)persons to serve on the Northwest Project Area Committee and that the Summary of 9 Results, dated October 8, 1997, and attached to this Certificate shows the whole number of votes cast for 10 each candidate,and that the total of votes cast is full,true and correct. 11 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of 12 San Bernardino this 10th day of October, 1997. 13 14 0 15 Rachel G.Clark,City Clerk 16 17 18 19 20 21 22 23 24 25 26 27 28 � l . NORTHWEST PROJECT AREA COMMITTEE Page 1 OCTOBER 8 , 1997 Printed on 10/08/87 at 08 : 20 pm ** Summary Report �* p-mber 1 . ==================================== | ======================================= NORTHWEST PROJECT AREA i / 11T0TAL COMMITTEE ( 21 ) 100 . 01 --------------------------------------- --------------------------------------- > 8ALLOTS CAST 158 LITA E . PEZANT 89 MORRIS POINDEXTER 79 3 . 91 CURTIS L . STOUT 77 3 . 81 REV . CHARLES A. SIMPSON 76 3 . 71 DRAYNOND CRAWFORD II 75 3 . 71 WALLACE J . ALLEN 71 3 . 61 CLAUDE L . CHUMLEY 68 3 . 41 NORMA N . ARCHIE 68 3 , 41 ALBERT LUMPKIN 67 3 . 31 ANNA M . ONENS 87 3 . 0 KIN R . FIELDS 65 3 . 21 SPENCER BROWN 85 3 . 21 NORRIS GREGORY , JR . 64 3 . 21 FELTON C . ANDERSON 63 3 . 11 IDA E . NEWELL SO 3 . 01 MARY E . RILEY 58 2 . 91 ROBERT HAMPTON 58 2 . 91 VETA HARRIS 56 2 . 81 8EULAH PITTS 54 2 . 71 WARREN G . WATSON 53 2 , 61 JOSEPH F . JACQUET, SR . 61 2 . 51 'NNY ROBINSON 48 2 .41 . !CE 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 28 1 , 31 ALICE F . PAGE 26 1 . 31 HENRY WILLIAMS 24 1 . 21 JOE O. CHAVEZ 23 1 . 11 STEWART D . CUM#ING 21 1 . 01 GOLDEN LEE 20 1 . 01 MARY ARNENTA 20 1 . 01 RICHARD BAGSGY 18 0 . 91 MICHAEL MINASI4N 16 0 . 8 | KENNETH M . ROSS 16 0 . 81 HENRY RUSHING , JR . 13 U . G | MARVIN D . JOHNSON 13 0 . 61 KATTIE BRANTLEY 11 0 . 51 CLARENCE R . HOLLIDAY 10 0 . 51 PATRICIA A . KINNARD A 0 . 41 KAREN 8RANTLEY 8 0 . 41 '"SE P BARELA Q 0 ' � � 'TIN KINN�RD , SR . 8 0 .41 Blank Votes 1 D . O | Over Votes 3 0 . 11 ======================================= | / } // I,�-Avr k Resolution No. - r Oj .0 RESOLUTION OF THE REDEVELOPMENT AGENCY OF T CITY OF SAN BERNARDINO ESTABLISHING CONDITION �''�?�Iy r`.' FOR THE NORTHWEST REDEVELOPMENT PROJECT AND IN SETTLEMENT OF THAT LITIGATION ENTITLED ARMENTA et al v. REDEVELOPMENT AGENCY, etc., et al S.B.C., S.C. 212494n li WHEREAS, on July 7, 1982, the Common Council of the City of San Bernardino adopted and approved the Redevelopment Plan for the Northwest Redevelopment Project Area by Ordinance No. MC-189; and WHEREAS, pursuant to the Community Redevelopment Law of the State of California (Health & Safety Code §S 33000 et sec.), the Redevelopment Agency of the City of San Bernardino (hereinafter "the Agency") is charged with the responsibility of carrying out the Redevelopment Plan for the Northwest Redevelopment Project Area (hereinafter "the Project Area"); and WHEREAS, an action entitled Armenta, et al v. Redevelopment Agency etc. et aI; San Bernardino County Superior Court No. 212494 has been filed challenging the validity of the Plan; and WHEREAS, the Agency, on behalf of the Common Council desires to settle and resolve the above entitled litigation; and WHEREAS the parties to the above-entitled action have agreed t gr o a STIPULATION OF DISMISSAL, a copy of which is attached hereto as Exhibit No. 1; and WHEREAS, the Redevelopment Agency in enacting the Resolution is acting in reliance on said STIPULATION OF DISMISSAL and carrying out of its terms in good faith by the parties thereto; and WHEREAS, this Resolution shall be construed in accordance with the following recitals of the Agency's interest: (a) It is not the intent, and never has been the intent of the Agency to acquire for redevelopment purposes more than nine residential properties in the Northwest Redevelopment Project Area by means of eminent domain. (b) With respect to the exercise of eminent domain by the Agency, it is the intent of the Agency to waive its right of eminent domain for redevelopment purposes, (1) as to all presently residential properties in the Project Area with the exception of the nine residential properties mentioned above, and (2) until March 1, 1988 as to the five (5) presently commercial properties described in Exhibit No. 2, attached hereto (c) Nothing in this resolution is meant to pr,)hibit the Agency from using eminent domain in order to carry out the public purposes which the City of San Bernardino could carry out if there were no Redevelopment Plan for the Northwest Redevelopment Project Area. (d) Nothing in this resolution is meant to prohibit the Agency and any property owner from agreeing to utilize eminent domain proceedings in connection with the acquisition of property by the Agency. (e) It is a goal of the Agency and of the parties to the above- entitled action, to develop a sense of community identity within the Project Area, and to improve employment opportunities, and econmic stability and productivity within the Project Area. (f) The Agency confirms its objectives, as stated in the above-described Redevelopment Plan, as follows: (1) To the greatest extent possible, priority shall be given to residents of the project area for opportunities of training and employment arising from any contract in connection with the redevelopment project. (2) To the greatest extent possible, contracts within the redevelopment project area shall be awarded to business concerns which are located in, or owned by persons residing in, the redevelopment proejct area. (g) The Agency confirms that it intends to carry out those objectives as described in said Plan: (1) "To the greatest extent feasible, opportunities for training and employment arising from any contract for work to be performed in connection with the Project shall be given to the lower-income residents of the Project Area." (Plan, p. 32) (2) "To the greatest extent feasible, contracts for work to be performed in connection with the Project shall be awarded to business concerns which are located in, or owned in substantial part by persons residing in, the Project Area." (Plan, pp. 31-32). NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Exemption From Eminent Domain Pursuant to the authority granted to the Agency to exempt properties from its power of eminent domain by Section 33399 of the Health & Safety Code, the Agency does hereby declare: -2- I (a) (i)That the Agency is authorized to acquire no more than nine (9) residential properties in the Project Area by eminent domain as shown in Exhibit No. 2 attached hereto, as provided in Resolution No. 4350 previously adopted by the Agency on July 19, 1982. All other presently residential properties located within the Project Area are exempt from acquisition by eminent domain under the Redevelopment Plan by the Agency. The Redevelopment Agency of the City of San Bernardino shall have no power of eminent domain as to the residential properties exempted by this Section 1(a)(i) except for those public uses for which the City of San Bernardino would be able to exercise eminent domain if there were no Redevelopment Plan for the Northwest Redevelopment Project Area, for the duration of the Redevelopment Plan for the Northwest Redevelopment Project Area, or any amendments, or extensions thereof. As used in this Resolution, the term "residential properties" means a complete parcel of land together with a structure presently being used for residential purposes whose use is not changed, or all or any part of a structure presently being used for residential purposes whose use is not changed. (ii) The commercial properties described in Exhibit No. 2 attached to this Resolution and by reference made a part hereof, are exempt from acquisition by means of eminent domain under the Redevelopment Plan until March 1, 1988, and during said period, the Redevelopment Agency of the City of San Bernardino shall have no power of eminent domain as to the commercial properties so described except for those public uses for which the City of San Bernardino would be able to exercise eminent domain if there were no Redevelopment Plan for the Northwest Redevelopment Project Area, for the duration of the Redevelopment Plan for the Northwest Redevelopment Project Area, or any amendments or extensions thereof. As used in this Resolution, the term "commercial properties" means a complete parcel of land together with a structure presently being used for its present commercial purpose as described in Exhibit No. 3, whose use is not substantially changed; or all or any part of a structure presently being used for its present commercial purpose as described in Exhibit No. 3, whose .use is not changed. (b) With respect to the residential properties and the commercial properties exempted from eminent domain pursuant to Section 1 subdivision (a), above, the Agency shall not request or cause the City of San Bernardino to exercise its power of eminent domain in order to take any of the residential properties or the commercial properties exempted herein. As used herein, the term "Agency" means the members of the Redevelopment Agency of the City of San Bernardino acting in such capacity. (c) During the period of time in which the residential properties and commercial properties are exempt from the Agency's power of eminent domain as described in Section 1, -3- I subsection (a), above, and to the extent necessary to prevent their being taken by eminent domain by the Agency, the residential properties and commercial properties described in said subsection (a) shall be deemed to be non-conforming uses under the Redevelopment Plan and the Agency shall allow them to remain in their present use and allow any structure so exempted to remain in their present structural form, whether or not the said residential properties and commercial properties comply with the City's General Plan or the zoning or design standards for the Northwest Redevelopment Project Area. (d) Nothing in this section shall constitute a waiver or restriction on the right of the City or the Agency to take action including condemnation, with respect to violations of City or Agency codes or standards which are found to be a danger to the public health or safety, including those the City could abate in the absence of the Redevelopment Plan for the Northwest Redevelopment Project Area. (Nevertheless, the power of the Agency will not be used to take any exempted property which is rendered contrary to the City's Zoning Ordinance as the result of Agency action). Nothing in this section shall prevent the City or the Agency from utilizing eminent domain with the consent of the property owner, or from paying relocation benefits as required by law. Section 2. Employment and Job Training (a) The Agency shall assist the Project Area Committee in obtaining information regarding existing and potential job training programs and shall to the extent reasonable and practical aid in obtaining access to providers of potential job training programs for the residents of the 6th Ward. (b) The Agency shall use all appropriate and reasonable means to provide employment for project area residents for any activity in the Project Area, which is under the direct control of the Agency. Section 3. Project Area Committee (a) (i T e technical Qrocedure for the election of a the members. of the�Project Are Committee shall"be, within thirty.-(30)-days from the. filing-irtRthe.�$uperior_Court..ofthe Jud ment attached hereto,as Exhibit No 4 by`the City Clerk, v� o shall be advised by theCou_ncilman of the 6tti Ward and a representative_of,,the_plaintif fs.� (ii, IT e A enSM. o13 bChalf of th_g Cor�moA you it s l within sixty 60 _days. of_ the f' ' o t e t attached' 'hereto-as- x-i i _ _o,_ c u on.. a ,re - existing Community or ani i s--of ,the- Nor. wes __ a eve o me Project Area to form a Pro�ec rea ee. he Agency s all so call upon the Project_ rea_.resi. _ y potifying-them by mail,.and such.other-_m eans as-the Agency_may determine,_of w -4- � l the method,_. place,_ date:and time -of the said election and furth_er notifying them that the Project Area Committee shall be , representative ~of the residential owner occupants, residential tenants,,businessmen, property owners and members of existing organizations within the Project Area. The Project Area Committee shall consist of twenty-one members and shall be representative of the residential owner occupants, residential tenants, businessmen and property owners and existing organizations, all in the Project Area._The Project Area Committee may also include representatives who resid"e`or ave businesses within the 6th and as it is presently constituted, but not in the Project Area. Insofar as feasible, e technics procedures for the election of the members of the Project Area Committee shall be designed to assure the representation as described above and shall not be inconsistent with the procedures and policies set forth herein. Those entitled to vote for the members of the Project Ar aeae Committee shall.be .(1)_residential.owner occupants`residirig7in,.- the Sixth Ward, as presently constituted, (2) Residential tenants, residing`in the-"Sixth Ward, 8s .presently constituted, (�/ Businessman with _business in - the Sixth Ward,- as-presently' constituted, (4) owners of property 16-cated-in�'the Sixth`Ward,a_ presently- constituted, and (5) representatives .,of-•'existing organizations--in-the Mth`Ward; as `presently--constituted;_-but° only-those organizations listed in Exhibit No.•5 attached hereto. Each such organization shall be entitled to one (1) vote. iii „Tb-e--frg-e1�Xiun of the_ members of—tbe--PLoj_e-Qt Area Committee shall*t�conducted,by th.e—Caty_C1erk. The election shall be held in one central location in the project area. Thereafter, the Project Area Committee shall establish its own technical election procedures by means of its By-Laws and shall follow those procedures in conducting its election. Those procedures shall not be inconsistent with the procedures and policies set forth herein, and the Project Area Committee shall insure that the representation of its members and electors shall remain as set forth in this Resolution for the life of the project area committee. (iv) In connection with all elections subsequent to the initial election of the Project Area Committee, the Project Area Committee shall insure that the organizations listed on Exhibit No. 5 are organizations which (A) have addresses (or post office boxes) in the Sixth Ward, as presently constituted, (B) have ten (10) or more members, and (C) are not created for the purpose of voting in the Project Area Committee elections. Within fifteen (15) days after the Project Area Committee has submitted its additions to or deletions from Exhibit No. 5, the Agency may declare that it believes the change does not conform to this subsection (iv) and may refer the matter to arbitration pursuant to Code of Civil Procedure 5 1141.10 et seg., applicable California Rules of Court, and the -5 I � 6 r , Rules for Judicial Arbitration as promulgated by the Superior Court of San Bernardino County, all as may hereafter be amended. The arbitrator will be as agreed to by the Agency and the Project Area Committee, but must b� either a retired judge or a member of the business litigation arbitration panel of the said Superior Court. In the event that the Agency and the Project Area Committee cannot agree on the selection of an arbitrator, they shall agree to an appointment of such an arbitrator by a third party. If the Agency does not make the declaration referred to above within the fifteen day period, the alterations to Exhibit No. 5 made by the Project Area Committee shall be deemed approved. (b) Once the initial election has been held, the newly elected members of the Project Area Committee shall select their terms of office by lot. Ten (10) members' terms shall be for two years and eleven (11) members' terms shall be for four years. City.-Clerk.is_.satisfied that the initial election haste`" been-conducted-without substantial.-irregularity,-he_or-she-shall ind�,c�L�.,.L�l�e.,.�Qn�on�CQUUCil that,_such`is.the_,case_and�- recommend_its_approval-of_.the. Proiect_Area Committee. The Agency shall join in such recommendation. The Common Council shall consider its approval of the Project Area Committee pursuant to Health & Safety Code § 33385 and this Resolution after each Committee election, and said Project Area Committee shall be deemed approved if the Common Council does not affirmatively disapprove it by the expiration of fifteen (15) days after the Common Council receives the official results of the election from the Project Area Committee. (d) Members of the Project Area Committee shall serve without compensation. (e) The Project Area Committee shall continue to exist up to the end of the twelfth year after the adoption of the Redevelopment Plan for the Project Area and shall continue to be, or caused to be in existence, for any additional period during which the Northwest Redevelopment Plan reflects that the Agency shall have power of eminent domain. Notwithstanding any other provision of this subsection (e), the Project Area Committee shall remain in existence, if the City Council does not, at some time during the eleventh year after the adoption of the said Plan (July 7, 1993 - July 7, 1994), vote to disband said Committee, effective at the end of the twelfth year after said adoption (July 6, 1995). If the Project Area Committee remains, or is in existence pursuant to this resolution beyond July 6, 1995, then the City Council may vote to disband said committee on two (2) years' notice. If the boundaries of the Northwest Redevelopment Project Area are altered, opportunities for membership on the Project Area Committee shall be changed so as to conform to the new boundaries. -6- � � (f) Upon presentation of a complete budget of the Project Area Committee, and upon approval by the common Council, funds which are necessary for its operation shall be allocated to the Committee by the Common Council. Such allocation may include equivalent resources for a committee office (to be located in the Project Area), equipment and supplies, and with the approval .of the Project Area Committee, legal counsel, and adequate staff, all as may be required for the purposes set forth ;n Health & Safety Code § 33386. (g) The Agency shall cause a member of its staff to be present at each Project Area Committee meeting of which the Agency is given adequate notice and a request for such presence by the Project Area Committee, so that information regarding new proposals and ongoing projects (including information in the hands of Agency staff regarding: eminent domain proceedings, employment opportunities, Agency plans for residential facilities, Agency plans for replacement housing and other policy matters affecting the residents, businesses and organizations, all in the 6th Ward), may be provided to the Committee (but no more than once per month, unless agreed to by the Director of the Agency or designated representative). The Agency through its staff, consultants and/or Agency members shall, give notice of pending actions affecting the residents of the Project Area by giving the Project Area Committee the same notice as that received by the Agency o members, which notice shall be communicated by the same means as provided to Agency members. Such notice shall be made to the address and/or telephone number provided by the Project Area Committee. Said Committee shall also provide an alternate address and telephone number. Notwithstanding any other provision of this subsection (g), the Agency may consider any urgent non-agenda item brought before it so long as no less than two hours before such consideration, the Agency calls the Project Area Committee at the telephone numbers provided by said committee to inform the committee of the item to be considered. If neither of the telephone numbers provided answers, then upon documentation of the fact that the telephone calls were attempted and would continue to be attempted, the Agency may consider and act upon the item at any time after two hours from the first of said attempts. The Agency and its staff will stand ready to consult with the Project Area Committee on the above-described matters. Whether or not the Project Area Committee has consulted with the Agency regarding the matters set forth herein, the Agency may take such action on said matters as it deems appropriate. The Project Area Committee shall have no veto power over any decision by the Agency or Common Council. Section 4. Inclusion in By-Laws The Project Area Committee shall include this Resolution in its By-Laws and it shall be binding on said Committee. -7- ll Section 5. Ambiguity Any ambiguity which may be found to exist regarding this Resolution including its Recitals shall be interpreted in accordance with the intention set forth in the Recitals, with the intent to permanently resolve and terminate the above- entitled lawsuit and the issues raised therein, and as to matters not specifically treated herein, with the intent to comply with the Community Redevelopment Law. Section 6. When Resolution Effective This Resolution is adopted on the date recited below. Nevertheless, it shall be effective only when the Judgment attached hereto as Exhibit No. 4 is filed in the Superior Court of San Bernardino County. Such Judgment shall be a final, non- appealable judgment resolving all of the issues raised therein and determing that the Redevelopment Plan for the Northwest -- Redevelopment Project Area is in all respects valid and legal, including all actions of the Agency and the City taken in adoption and implementation of the said Redevelopment Plan, 4 and entitling the Agency to the receipt of all taxes to be allocated to the Agency pursuant to the terms of the Plan. Section 7. Resolution a Part of the Judgment The Judgment shall not be effective (and this Resolution shall not be effective) unless it contains by reference the provisions of this Resolution, fully agreed to by all of the parties, and all of the parties shall acknowledge as part of the judgment that it is entered into for the purposes of settlement and resolution of the action. APPROVED and ADOPTED by the Redevelopment Agency of the City of San Bernardino on this day of , 1984. Executive Director Approved: Chairman Approved as to Legal Form AGENCY COLISEL /1"By amn • Weiser, K e, Ballmer be kman By: 7;;" Ja es Dex er C a 15 /35-8 Stipulation "h. Exhibit 1 1 C. Robert Ferguson Attornev at Law 2 301 E. Colorado Blvd., Suite 600 Pasadena, CA 91101 3 (818) 795-4181 4 Attorney for Plaintiffs 5 Ralph Prince City Attorney, City of San Bernardino 6 City Hall 300 North "D" Street, Room 668 7 San Bernardino, Calif. 92418 g William A. Flory Furness, Flory & Middlebrook 9 150 West 5th Street, 1101 San Bernardino, Calif. 92401 10 James Dexter Clark 11 Weiser, Kane, Ballmer be Berkman 354 S. Spring tt., Suite 420 12 Los Angeles, CA 90013 13 Attorneys for Defendants 14 Edward F. Taylor 310 East Citrus Avenue 15 Redlands, Calif. 92373 16 Attorney for Interested Persons 17 18 SUPERIOR COURT OF THE STATE OF CALIFORNIA 19 FOR THE COUNTY OF SAN BERNARDINO 20 21 ENRIQUE ARMENTA, et al, ) 22 Plaintiffs ) No. 212494 23 vs. ) STIPULATION RE:JUDGMENT 24 REDEVELOPMENT AGENCY OF THE ) CITY OF SAN BERNARDINO, et.al, ) 25 ) Defendants ) 26 > 27 28 -1- 1 WHEREAS,. 2 1. On July 7, 1982, by Ordinance No. MC-189, the COMMON COUNCIL OF 3 THE CITY OF SAN BERNARDINO adopted and approved the Redevelopment Plan 4 for the Northwest Redevelopment Project Area; 5 2. On September 2, 1982 the Plaintiffs herein, namely ENRIQUE 6 ARMENTA, JUAN MARTINEZ, PAUL SMIT, and the WESTSIDE HOMEOWNERS 7 AND TENANTS ASSOCIATION together with Albert Lumpkin filed the above- 8 entitled action challenging the validity of the said Redevelopment Plan for the 9 Northwest Redevelopment Project Area adopted by said Ordinance No. MC-189; 10 3. Within the time allowed therefor the Defendants REDEVELOPMENT 11 AGENCY OF THE CITY OF SAN BERNARDINO, CITY OF SAN BERNARDINO, R� k 12 COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, COUNTY OF SAN 13 BERNARDINO, AUDITOR-CONTROLLER OF THE COUNTY OF SAN 14 BERNARDINO appeared herein. 15 4. On August 11, 1983, defendants CLYDE ALEXANDER, JOHN DUKES, 16 RICHARD GREGG, NORRIS GREGORY, TALMAGE HUGHES, HARRY JACKS, 17 SAMUEL JOHNSON, VALERIE POPE LUDLAM, HERSEL PIERCE, FRANK TILLIE, 18 GERALD WARNER and DR. TITUS WHITE appeared herein as interested persons 19 pursuant to C.C.P. Sections 861-862; 20 5. The parties and their attorneys have agreed upon mutually acceptable 21 terms for the settlement of the within action; 22 6. The Interested Parties and Defendants REDEVELOPMENT AGENCY OF 23 THE CITY OF SAN BERNARDINO, CITY OF SAN BERNARDINO and the COMINION 24 COUNCIL OF THE CITY OF SAN BERNARDINO (hereinafter the "City 25 Defendants") desire to obtain a judgment herein validating the Northwest _ 26 Redevelopment Plan and Ordinance No. MC-189; 27 7. Plaintiffs desire, pursuant to said judgment, to obligate the City 28 Defendants to carry out and abide by certain terms and conditions as more -2- 1 1 particularly set forth in the Resolution which is attached hereto as Exhibit "A" and 2 incorporated herein by reference as if fully set forth at this point. 3 NOW THEREFOR, IT IS HEREBY STIPULATED by and between the parties and their 4 attorneys that: 5 1. The City Defendants shall, within 35 days after executing this 6 Stipulation, bring or cause to be brought the Resolution attached hereto as Exhibit "A" before the Defendant REDEVELOPMENT AGENCY OF THE CITY OF SAN 8 BERNARDINO for its approval or disapproval. 9 2. If Defendant REDEVELOPMENT AGENCY OF THE CITY OF SAN 10 BERNARDINO adopts said Resolution in the form attached hereto, then the Superior 11 Court of the Coi}nty of San Bernardino upon being presented with a certified copy of 12 the adopted Resolution, shall, further, file the Stipulated Judgment, the original of 13 which is attached hereto as Exhibit "B." 14 3. It is stipulated and agreed by all of the parties to this action as follows: 15 Each of the parties to this action agrees that they will not retaliate against 16 any other party, or its "supporters" because of that other party's involvement in this 17 action. "Supporters" of a party means, as to the Plaintiffs, the individuals listed in 18 Exhibit "C" to this Stipulation, and, as to the Defendants, their officers, officials 19 and employees. In the event that an action is brought by a party to this action, or 20 any supporter, against a party, alleging that an act or acts have been undertaken for 21 the purpose of retaliating against the plaintiff in such action because of the said 22 plaintiff's involvement in this action, and if the said plaintiff proves said allegation, 23 resulting in a final judgment in favor of said plaintiff, then said plaintiff shall be 24 entitled to his reasonable attorneys fees, but only to the extent that they were 25 necessary to prove the said claim. On the other hand if the said plaintiff does not 26 prevail and if the court, pursuant to a motion brought, determines that the said 27 allegation was made without substantial justification, then the defendant(s) in said 28 -3- I 1 action shall be entitled to reasonable attorneys fees, but only to the extent they 2 were necessary to defend against the claim and to bring the said motion. 3 4. The parties agree that the plaintiffs shall be awarded attorney fees in 4 the total amount of $26;500.00 and that said amount shall be the entire amount 5 awarded to the plaintiffs as attorney fees, costs and/or expenses. 6 CO. Plaintiffs herein hereby waive any and all rights to their costs and/or 7 expenses on appeal in that appeal in this action entitled Albert Lumpkin et al vs. 8 Redevelopment Agency of the City of San Bernardino et al; Clvde Alexander et al 9 vs. Albert Lumpkin et al 4 Civ. No. 29769. 10 6. The Parties to this action, and each of them, hereby waive and surrender 11 any and all rights to appeal the judgment attached hereto further agree that the 12 judgment in the form attached shall be final. 13 This Stipulation may be signed in duplicate originals, the total of such signed 14 duplicate originals constituting the entire agreement. 15 16 Dated: , 1984 THE PLAINTIFFS 17 18 ENRIQUE ARMENTA 19 20 JUAN MARTINEZ Attorney for Plaintiffs 21 22 C. ROBERT FERGUSON 23 PAUL SMIT 24 25 WESTSIDE HOMEOWNERS AND TENANTS ASSOCIATION 26 27 BY: 28 -4 I 1 THE CITY DEFENDANTS 2 REDEVELOPMENT AGENCY OF THE Attorney for the City Defendants CITY OF SAN BERNARDINO 3 RALPH PRINCE, City Attorney FURNESS, FLORY & MIDDLEBROOK 4 WEISER, KANE, BALLMER & BERKMAN BY: Executive Director 5 BY: 6 James Dexter Clark THE CITY OF SAN BERNARDINO AND 7 THE COMMON COUNCIL THEREOF Approved as to Form: 8 Allan K. Marks BY: 9 County Counsel 10 THE COUNTY DEFENDANTS BY: 11 Deputy County Counsel THE COUNTY OF SAN BERNARDINO AND THE AUDITOR THEREOF 12 13 BY: 14 THE INTERESTED PARTIES 15 16 CLYDE ALEXANDER JOHN DUKES 17 SAMUEL JOHNSON RICHARD GREGG 18 19 VALERIE POPE LUDLAM NORRIS GREGORY 20 HERSEL PIERCE TALMAGE HUGHES 21 22 FRANK TILLIE HARRY JACKS 23 GERALD-WARNER DR. TITUS WHITE 24 25 Attorney for the Interested Parties 26 27 Edward F. Taylor 28 150/35-8 -5- I I \ it� ;; ��� \\;� � `�%� �'�� �'�`�•� ft UL t_ p •�. s�\ r PROJECT AREA B �— i� f��' �_ `. i•1.�� \ PROJECT Ak=-A A S .` (l ` � _ `` /t,!1•� �`\\'••_�' 1 �/� °'r!-_cam 1.�;— :. a•..,W /�, -i• /ff r• .!• j�. tl.mot---� —_'1 ..--•►•./.vim" rl �� ,// ' /��/ / > > J%//!/'// _� — .. .;t - �� F-1 LEG t(�`'�._� �_---._.s..--'� s--_�, I �/, �: ,._� I•ij�^�;f • ,� — — � it .i , ►�OjECT DOUMOAIIT Property ex e*.vt /,/ -J L. •=, j �1,.? ' l! •�I �u�`.tt�_E_S� %j by Section 1(a) `,--�. �'���''_f14 (i) of Resolution r-� tom :/�f// T. F-r ! we CM MA L -[ i I! ;:L CIS t4r'+•Tf+ SU l t h►E ET s' • w 1� �\�;:.Jl�r��J \ r •!�r�-•-\/r1=1�' it '•t�- •, •t- � � ,�. � '. �� •' � i .. `t`,E: �'. � 7'��._ ..�� / li T ?,?EM*r "G "L`. .)F= 'l i:. L:t I HE REDEVELCP r :. , t E•i .t i_i:I;:C �. �' � ---•----_ �. _�- 11 BUSINESS OWNER ADDRESS PHONE # USE 1. Highland Avenue Ted Binney 1680 W. Highland Ave. 887-4615 Lumber & Lumber & Hardware San Bndo, CA 92411 Hardware- Retail 2. Smits' Lawn Mower Paul Smit 2101 W. Highland Ave. 887-2715 Small & Small Engine San Bndo, CA 92411 887-2715 Motor- Retail & Repair 3. A.M.C. Music- 1705 W. Baseline Ave. 885-5180 Music- Alvins' Music San Bndo, CA 92411 885-5180 Retail Center 4. Marty's Dugout Juan Martinez 2105 N. Mt. Vernon Ave. 886-8387 Restaurant/Bar 5. John's Liquor John Hernandez 1580 N. Mt. Vernon Ave. 885-2101 Package Liquor-Retail Exhibit 3 tl Judgment Exhibit 4 � I 1 2 3 4 5 6 7 SUPERIOR COURT OF THE STATE OF CALIFORNIA 8 FOR THE COUNTY OF SAN BERNARDINO 9 10 11 ENRIQUE ARMENTA, et al, ) 12 Plaintiffs ) No. 212494 13 VS. ) JUDGMENT ON STIPULATION FOR ENTRY OF JUDGMENT 14 REDEVELOPMENT AGENCY OF THE ) CITY OF SAN BERNARDINO, et al, ) 15 Defendants j 16 ) 17 18 In the above-entitled cause, plaintiffs, Enrique Armenta, Juan Martinez, Paul 19 Smit and Westside Homeowners and Tenants Association, and Defendants, 20 Redevelopment Agency of the City of San Bernardino and City of San Bernardino, 21 Common Council of the City of San Bernardino County of San Bernardino, Auditor 22 of the County of San Bernardino, and Interested Parties having stipulated that 23 Judgment be entered validating the Northwest Redevelopment Project and the 24 Redevelopment Plan adopted for such Project by the Common Council of the City of 25 San Bernardino Ordinance No. MC-189 of July 7, 1982, 26 IT IS HEREBY ORDERED, ADJUDGED, AND DECREED: 27 1. That the City of San Bernardino Ordinance No. MC-189 is lawful and 28 valid in all respects and without qualification. EXHIBIT ,B" � i 1 2. That the Northwest Redevelopment Project and the Redevelopment Plan 2 for such Project adopted by Ordinance No. MC-189 of the City of San Bernardino 3 are lawful and valid and without qualification. 4 3. That the implementation of the Northwest Redevelopment Project and 5 the Redevelopment Plan for such Project by the Redevelopment Agency of the City 6 of San Bernardino from the adoption of Ordinance No. MC-189 through and including 7 the adoption of Agency Resolution No. is lawful and valid, and without 8 qualification. 9 4. That the allocation and payment of tax revenues and other funds to the 10 Redevelopment Agency of the City of San Bernardino for the Northwest a 11 Redevelopment Project, pursuant to the California Community Redevelopment Law, 12 Article XVI, Section 16 of the California Constitution, and such other laws or 13 regulations which specify the powers and authority of the Agency, and the receipt 14 and expenditure of such funds by the Redevelopment Agency for the Northwest 15 Redevelopment Project are lawful and valid, and without qualification. 16 5. That the plaintiffs and the Redevelopment Agency of the City of San 17 Bernardino are obligated to carry out terms and conditions of Resolution No. 18 _ adopted by the Redevelopment Agency of the City of San Bernardino on 19 , 1984 which are included in this Judgment by reference and agreed 20 to by all of the parties herein. The plaintiffs are obligated to take or cooperate in, 21 all actions reasonably necessary on their part to assist the Agency in good faith in 22 carrying out Resolution No. and to carry out the terms required of them. 23 The Redevelopment Agency and any and all successors thereto are lawfully 24 obligated to carry out and accomplish the terms and conditions of Resolution No. 25 The obligations of this paragraph shall last for the duration of the 26 Redevelopment Plan for the Northwest Redevelopment Project Area and any -.. 27 amendments, supplements or extensions thereof. 28 _2- � i 1 6. Pursuant to stipulation, attorneys' fees and costs are awarded to 2 plaintiffs in the amount of $26,500.00, which award shall be the only award of costs, 3 fees, and expenses of whatever nature, and no other award of costs, fees, or 4 expenses shall be al owed herein: 5 7. The judgment is pursuant to stipulation by the parties, final and 6 non-appealable. 7 Dated: , 1984. 8 9 Judge of the Superior Court 10 Approved: 11 C. Robert Ferguson 12 13 Attorney for Plaintiffs 14 Ralph Prince, City Attorney 15 Furness Flory & Middlebrook Weiser, Kane, Ballmer & Berkman 16 17 By: Attorney for Defendants 18 Agency, City and Common Council 19 20 Edward Taylor 21 22 Attorney for Interested Parties 23 Allan K. Marks 24 County Counsel 25 By: 26 Deputy County Counsel Attorneys for Defendants 27 County and Auditor 28 150/35-9 -3- rl List of Organizations Exhibit 5 �` iI A6ti'tCIcS/ORSARI,DTIMS �2StSid� AC��4R C'C�i�i . 0. xx 405 Kutani A Peao s e Rialto, CA 9Z376 San B*_r7ardino, CA 92402 P.D. 8-ox 416 San aarnardi nQ, CA 92401 , American LgIlon post 710 2181 W. Highland Rve. Li I l i es of the Ya'i eY i2 San SernardfAO, CA. 92405 1104 4. B h St- 4estside Outreacft Pry San Bernardino, CA 92411 1666 N. Muscott St. ,S A. Rttllli� Ran�lph inst. Sort $ernardina. CA 92 1524 W. BaSej ine St. Links ;ncamorated San $Qrna^3s nts, CA 92411 q.C, Bcx 6131 �st�i da Horr..teowners h Sar. �rrt3rdira, CA :2412 c/v Ro�.—_rt �sryusCr� Arrowhead Elk! Ledge 301 East Colorado BIB_ ?a; At. Vernon Ave. Suite EGO San Bernat di no, CA 92411 qi C ghee i s Club p��aGec:a, CA 91101 _t Si. Acy` s Club of San Bernardino San Bernardino, CA 9" , 1 }?,p0 W. ninth Street ?tat`onal A35CC_ for the Ad- Business As$odateS C San Bernardino, (.A 92411 1 !�Crx.". st var.ce RT of Colored p°oa'' c,o Edke_ru F. Taylor (KAACP\ 4 C,'tru$ Ave_ Slack History Parade, InC. 310 Eas Box ?s7� 1321 4. 21St. St. R�d:3nd5, `,',iti 92?i 3 San Serna,.-Dino. CA 92411 San Bernardino, CA 92411 Attn: Harry Jacks �feL'.orsi Caur~cil of Me;rb Ket; i:tC. Casa Ramona Lincoln 154 i1, 7th St. . San BernardS?13, 2 =A 324.5 taxi car. Chamber of Sar, Bernardino, CA 92411 Operation S*-nnd Charce 912 N. ,Mt. Vernon t Cub 1505 `w. fib^3ant� Sad 3e�-r►ar Qi%ra, CA. Cos,. $ac f San °,ernardi*�a, LA b2411 4SE :i t . :8h St. - San Bernardino, CA 92405 prince ?,br i LLd_F #17 Neighborhood Housi ;jG4 li: $t : St. Services Uei:natt i h,L� ExG'k°� ark San Bernardzna. CA 92411 29x2 H. Gardena Ave. SaR 3e;*sardina. CA 92405 stsi 2 community Devel ogmer: r, A Fr ends of tire IOrot2ty Ingram 170Q W. #i1�" at Bra C'' - Library San Ber'aritino, CA 9r.1%~-` San Bernardino 1505 W. itighland Ave- Housing Authority Lan Bernardino. CA 92405 She'x 's 4c+�r*.. 1?� 1704 W. 20th St. Koine of Neighborly Services Sar, Bernardino, CA 92411 834 : Xt. Yernan Ave. , 5ast Eettard{tto, CA 92411 Sacid c fte CSub 19-60 W. Evans C) :ntand Empire Slack S.a� Bernardino, CA Y2411 Democratic Club .0. Sax 12138 Spor-tsrtest athletic Club San Serrardfnti CA 92411 P794 u. 7trt Si. � 1 Sar ?er+ardine. C�1 Q2410- Kappa Alpha PSi 1297 W. Loth 51&0o Svtant CI ub ft et t. 7AACI