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