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Home My WebLink AboutR-40 EDAECONOMIC DEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO REQUEST FOR COMMISSION /COUNCIL ACTION FROM: RONALD E. WINKLER SUBJECT: NORTHWEST PAC Development Director Revised Exhibit No. 5 DATE: August 24, 1999 p � l A L ----------------------------------------------------------•-------------------------------------------------------------------------------- Synopsis of Previous Commission/Council/Committee Action(s): June 18, 1994 — The Community Development Commission adopted Resolution 4630 in settlement of litigation (Armenta v. RDA). Recommended Motion(s): (Community Development Commission) MOTION: That the Community Development Commission receive and file the attached Community Based Organization list. Contact Person(s): Ronald E. Winkler / John Hoeger Phone: 5081 Project Area(s): Northwest Ward(s): Sixth Supporting Data Attached:® Staff Report M1 Resolutiou(s) ❑ Agreement(s) /Contract(s) O Map(s) ® Ltr/Memo FUNDING REQUIREMENTS: Amount: $ none SIGNATURE: AN OSDEL Director Source: Budget Authority: onald E. inkier Develop ut Director ---------------------------------------------------------------------------------------------------------------------------------------- Commission/Council Notes: REW:Iag:NPAC 99 -0824 agenda item cdc- 0907.doc COMMISSION MEETING AGENDA MEETING DATE: 09/07/1999 Agenda Item Number: 94 — ECONOMIC DEVELOPMENT AGENCY STAFF REPORT NORTHWEST PAS — Revised Exhibit No. 5 The attached letter from the Northwest Redevelopment Project Area Committee (the PAC) forwards an amended and corrected `Exhibit No. 5" which sets forth the community based organizations that are entitled to be represented as members of the PAC and to vote in electing members to the PAC. No action is required to approve the changes because as they are deemed approved if no action to challenge them is taken during the 15 days that follow submission. The 15 -day period ends September 7, 1999. Background The attached resolution describes in Section 3. (a) (iv) the process for making additions and/or deletions to Exhibit No. 5 of the Resolution. The PAC is responsible for determining that the organizations have (A) addresses in the Sixth Ward, (B) ten or more members, and (C) are not created for the purpose of voting in PAC elections. The Agency then has 15 days from submission to review the changes and to send the matter to arbitration if it believes the changes do not meet these three criteria. Recommendation Staff believes the PAC has made an effort to determine if each of the listed organizations meets the stated criteria. Staff therefor believes that the Commission should take no action, in which case the revised Exhibit No. 5 will be deemed approved. The form motion will accomplish this. Z. ONAL . WINKLER, Director Development Department ----------------------------------------------------------------------------------------------------------------- REW:lag:NPAC 99 -0824 agenda item cdc- 0907.doc COMMISSION MEETING AGENDA MEETING DATE: 09/07/19 999 946 Agenda Item Number: NORTHWEST REDEVELOPMENT PROJECT AREA COMMITTEE 1505 WEST HIGHLAND AVENUE SAN BERNARDINO, CALIFORNIA 9241 1 Aug 23, 1999 To: John Hoeger Project Manager Economic Development Agency 201 North "E" Street San Bernardino,Ca 92401 -1507 Mr. Hoeger. The Exhibit 5 was adopt at a Special PAC meeting with the membership held on August 19, 1999 for the uses of the up coming PAC Election. Sincerely, Bert Lumpkin, Vice Chair RESPONSE Northwest Project Agencies /Organizations /Churches Exhibit 5 16`h Street SDA Church Christ Temple C.M.E 1601 West 16`h Street 2020 Pico Ave. San Bernardino, Ca. 92411 San Bernardino, Ca. 92411 Cornerstone Christian Preschool 702 West 16th Street San Bernardino, Ca. 92405 Liberia del Pueblo, Inc. 972 N. Mt. Vernon Ave. San Bernardino, Ca. 92411 Community Hospital of San Bernardino 1805 Medical Center Drive San Bernardino, Ca. 92411 Macedonia MBC 2042 N. State Street San Bernardino, Ca. 92411 Knotts Group Home 1505 W. Highland Ave. San Bernardino, Ca. 92411 People's Choice, Inc. 1505 W. Highland Ave. San Bernardino, Ca. 92411 A Philip Randolph Institute (A.P.R.I) P.O. Box 7009 San Bernardino, Ca. 92411 First Chance/Y Chow, Inc. 1800 Western Ave. Suite 104 San Bernardino, Ca. 92411 St. Anthony School 1510 West 16th Street San Bernardino, Ca. 92405 S.B Black Culture Foundation P.O. Box 7288 San Bernardino, Ca. 92411 St. Paul African Methodist Episcopal Church 1355 West 21't Street San Bernardino, CA. 92411 Disabilities for Christ 1484 West 10x' Street San Bernardino, CA. 92411 Cornerstone Christian Preschool 1485 N. Wilson Street San Bernardino, CA. 92411 Cal Pulli Project 988 N. Mt. Vernon Ave. San Bernardino, CA. 92411 New Hope MB Church 1574 West 17ei Street San Bernardino, CA. 92411 K Resolution No. 4630 f „.O,c V err, J .c RESOLUTION OF THE REDEVELOPMENT AGENCY OF T .� CITY OF SAN BERNARDINO ESTABLISHING CONDITION !')->6 a, •a ' 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. No. 212494 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 be Safety Code §S 33000 et seq.), 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 al; 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 to 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",:3. attached hereto -1- (c) Nothing in this resolution is meant to prohibit 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: dr 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 comm,e vial properties exempted from eminerrt 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, M . 1. 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)The technical procedure for the election of the members of the Project Area Committee shall be established within thirty (30) days from the filing in the Superior Court of the Judgment attached hereto as Exhibit No. 4 by the City Clerk, who shall be advised by the Councilman of the 6th Ward and a representative of the plaintiffs. (ii) The Agency, on behalf of the Common Council, shall within sixty (60) days of the filing of the Judgment attached hereto as Exhibit No. 4, call upon the residents and existing community organizations of the Northwest Redevelopment Project Area to form a Project Area Committee. The Agency shall so call upon the Project Area residents by notifying them by mail, and such other means as the Agency may determine, of -4- the method, place, date and time of the said election and further 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 reside or have businesses within the 6th Ward as it is presently constituted, but not in the Project Area. Insofar as feasible, the technical 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 Area Committee shall be (1) residential owner occupants residing in the Sixth Ward, as presently constituted, (2) Residential tenants residing in the Sixth Ward, as presently constituted, (3) Businessman with business in the Sixth Ward, as presently constituted, (4) owners of property located in the Sixth Ward, as presently constituted, and (5) representatives of existing organizations in the Sixth 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) The first election of the members of the Project Area Committee shall be conducted by the City Clerk. 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 § 1141.10 et sec., applicable California Rules of Court, and the -5- 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 be 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. (c) If the City Clerk is satisfied that the initial election has been conducted without substantial irregularity, he or she shall indicate to the Common Council that such is the case and recommend its approval of the Project 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. r M 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 in Health & Safety Code 9 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 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 -aboveribed matttrs. 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. 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, 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 18 day of June , 1984. Executive Director Approved as to Legal Form AGENCY COUNSEL B Y gy. - -0'. � /?. A " e� Weiser, K 7 e, Ballmer do kman By: a es Dexter C a 150/35 -8 .f . ii 1 2 3 4 s 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C. Robert Ferguson Attorney at Law 301 E. Colorado Blvd., Suite 600 Pasadena, CA 91101 (818) 795 -4181 Attorney for Plaintiffs Ralph Prince City Attorney, City of San Bernardino City Hall 300 North "D" Street, Room 668 San Bernardino, Calif. 92418 William A. Flory Furness, Flory & Middlebrook 150 West 5th Street, #101 San Bernardino, Calif. 92401 James Dexter Clark Weiser, Kane, Ballmer be Berkman 354 S. Spring St., Suite 420 Los Angeles, CA 90013 Attorneys for Defendants Edward F. Taylor 310 East Citrus Avenue Redlands, Calif. 92373 Attorney for Interested Persons SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN BERNARDINO ENRIQUE ARMENTA, et al, ) Plaintiffs ) ) VS. ) REDEVELOPMENT AGENCY OF THE ) CITY OF SAN BERNARDINO, et al, ) Def endants ) -1- No. 212494 STIPULATION RE: JUDGMENT 1 2 3 4 s 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C. Robert Ferguson Attorney at Law 301 E. Colorado Blvd., Suite 600 Pasadena, CA 91101 (818) 795 -4181 Attorney for Plaintiffs Ralph Prince City Attorney, City of San Bernardino City Hall 300 North "D" Street, Room 668 San Bernardino, Calif. 92418 William A. Flory Furness, Flory & Middlebrook 150 West 5th Street, #101 San Bernardino, Calif. 92401 James Dexter Clark Weiser, Kane, Ballmer be Berkman 354 S. Spring St., Suite 420 Los Angeles, CA 90013 Attorneys for Defendants Edward F. Taylor 310 East Citrus Avenue Redlands, Calif. 92373 Attorney for Interested Persons SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN BERNARDINO ENRIQUE ARMENTA, et al, ) Plaintiffs ) ) VS. ) REDEVELOPMENT AGENCY OF THE ) CITY OF SAN BERNARDINO, et al, ) Def endants ) -1- No. 212494 STIPULATION RE: JUDGMENT 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2E WHEREAS, 1. On July 7, 1982, by Ordinance No. MC -189, the COMMON COUNCIL OF THE CITY OF SAN BERNARDINO adopted and approved the Redevelopment Plan for the Northwest Redevelopment Project Area; 2. On September 2, 1982 the Plaintiffs herein, namely ENRIQUE ARMENTA, JUAN MARTINEZ, PAUL SMIT, and the WESTSIDE HOMEOWNERS AND TENANTS ASSOCIATION together with Albert Lumpkin filed the above - entitled action challenging the validity of the said Redevelopment Plan for the Northwest Redevelopment Project Area adopted by said Ordinance No. MC -189; 3. Within the time allowed therefor the Defendants REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CITY OF SAN BERNARDINO, COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, AUDITOR- CONTROLLER OF THE COUNTY OF SAN BERNARDINO appeared herein. 4. On August 11, 1983, defendants CLYDE ALEXANDER, JOHN DUKES, RICHARD GREGG. NORRIS GREGORY, TALMAGE HUGHES, HARRY JACKS, SAMUEL JOHNSON, VALERIE POPE LUDLAM, HERSEL PIERCE, FRANK TILLIE, GERALD WARNER and DR. TITUS WHITE appeared herein as interested persons pursuant to C.C.P. Sections 861 -862; 5. The parties and their attorneys have agreed upon mutually acceptable terms for the settlement of the within action; 6. The Interested Parties and Defendants REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CITY OF SAN BERNARDINO and the COMMON COUNCIL OF THE CITY OF SAN BERNARDINO (hereinafter the "City Defendants ") desire to obtain a judgment herein validating the Northwest Redevelopment Plan and Ordinance No. MC -189; 7. Plaintiffs desire, pursuant to said judgment, to obligate the City Defendants to carry out and abide by certain terms and conditions as more -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 particularly set forth in the Resolution which is attached hereto as Exhibit "A" and incorporated herein by reference as if fully set forth at this point. NOW THEREFOR, IT IS HEREBY STIPULATED by and between the parties and their attorneys that: 1. 'chic City~ D3e=€ffjda� shall, within 3`r d&s &fter exeeuting this Stipulation, bring or cause to be brought the Resolution attached hereto as Exhibit "A" before the Defendant REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO for its approval or disapproval. 2. If Defendant REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO adopts said Resolution in the form attached hereto, then the Superior Court of the County of San Bernardino upon being presented with a certified copy of the adopted Resolution, shall, further, file the Stipulated Judgment, the original of which is attached hereto as Exhibit t'B." 3. It is stipulated and agreed by all of the parties to this action as follows: Each of the parties to this.action agrees that they will not retaliate against any other party, or its "supporters" because of that other party's involvement in this action. "Supporters" of a party means, as to the Plaintiffs, the individuals listed in Exhibit "C" to this Stipulation, and, as to the Defendants, their officers, officials and employees. In the event that an action is brought by a party to this action, or any supporter, against a party, alleging that an act or acts have been undertaken for the purpose of retaliating against the plaintiff in such action because of the said plaintiffs involvement in this action, and if the said plaintiff proves said allegation, resulting in a final judgment in favor of said plaintiff, then said plaintiff shall be entitled to his reasonable attorneys fees, but only to the extent that they were necessary to prove the said claim. On the other hand if the said plaintiff does not prevail and if the court, pursuant to a motion brought, determines that the said allegation was made without substantial justification, then the defendant(s) in said -3- it 4I 0 7 8 0 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2f 2J action shall be entitled to reasonable attorneys fees, but only to the extent they ;sere necessary to defend against the claim and to bring the said motion. 4, The parties agree that the plaintiffs shall be awarded attorney fees in the total amount of $26,00.00 and that said amount shall be the entire amount awarded to the plaintiffs as attorney fees, costs and /or expenses. 5. 7Wntfff's herein he wee VT S'md IL11 r*� te' their eosta and /or expenses on appeal in that appeal in this action entitled Albert Lumokin et al vs. Redevelooment _r �L_ r• :«., „o ca„ Rornarriirn at al: Clvde Alexander et al vs. Albert Lumokin et al 4 Civ. No. 29769. 6. The Parties to this action, and each of them, hereby waive and surrender any and all rights to appeal the judgment attached hereto further agree that the judgment in the form attached shall be final. This Stipulation may be signed in duplicate originals, the total of such signed duplicate originals constituting the entire agreement. Dated: 00*M" ;? 9, , 1984 Attorney for Plaintiffs C. RGSERT FERGUSON THE PLAINTIFFS LE: RiQ UE :3-AMENITA i L "AN YiA`LrT INEZ L S M - WESTSIDE HOMEOWNERS AND TENANTS ASSOCIATION -4- BY: 4l 1 1- 1 I i I a l 2 3 4� 5 6 7 9 10 11 12 13 14 15 16 17 1$ 19 20 21 22 23 24 2.c 2( 2'. 2 Attorney f or the City D of endants RALPH PRINCE, City Attorney FURNESS. FLORY & MIDDLEBROOK WEISER, KANE, BALLMER & BERKMAN es a er CI Approved as to Form: Anan K. Marks County Counsel BY: Deputy County Co �- 3-8� TLiE CITY DEFENDANTS REDEVELOPMENT AGENCY OF THE CI'T'Y OF SAN BERNARDINO Executive Director THE CITY OF SAN BERNAR AND THE COMMON COUNCIL ;5�' O BY: THE COUNTY DEFENDANTS THE COUNTY OF SA RDINO AND THE AUD R THEIREtF BY: THE IN RESn -vn o e RTTES C IXDE _ALEXANDER TALMAGE Iii HES ARRY JACKS IIR. TITUS ITE GERALD "WARNER Attorney for the Interested Parma 150135 -8 and F. Taylor L UA M. N �� , I+ I ,,.�_ ��',. PROJECT AREA B\S, V PROJECT AREA A v, it —,7 111 r � � �� /,/ '1/ / cif / /J/ /� // �� i'- ��.c -� "/� �.. � r L r\ >:. ,��;_ f lo, 7n' 1-71 T-- ,j L LEGEND: . IL L; SOUNDART RE DE VELDID14 E NT PIROJE CT L 90CART" Property' L r exempt K by Section l(a) ASLL w� W of Resolution ......... V, No T1. T I WO =0 L"==F LI SCA L k V4 f EFT r !1`Ti �J�lt ��Ill '^: � �1� �� if �i,:r � 'a'• �i , • ' ' �, : •.. I i' '?'.. THE REDEVELCPMEii*r AGEINICY 10F 'I i:_ Ci I "1 :' i :. �': I �;i 1 ��'' • � I J, `'�� 1' .1 ki A J 1;,40 BUSINESS OWNER ADDRESS i 1. Highland Avenue Ted Kinney 1680 W. Highland Ave. Lumber & Hardware San Bndo, CA 92411 2. Smits' Lawn Mower Paul Smit 2101 W. Highland Ave. & Small Engine San Bndo, CA 92411 PHONE # USE 887 -4615 Lumber & Hardware - Retail 887 -2715 Small 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 :f Judgment Exhibit 4 1. 2 3 4 5 6 7 8 9 10 11 121 131 14 15 16 17 18 19 20 21 22 23 24 25 26 2i 2E 1 (EN FILE1 CouNT( CLERK By aEPtMW SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN BERNARDINO ENRIQUE ARMENTA, et al, ) Plaintiffs ) VS. ) REDEVELOPMENT AGENCY OF THE ) CITY OF SAN BERNARDINO, et al, ) Defendants ) No. 212494 JUDGMENT ON STIPULATION FOR ENTRY OF JUDGMENT In the above - entitled cause, plaintiffs, Enrique Armenta, Juan Martinez, Paul Smit and Westside Homeowners and Tenants Association, and Defendants, Redevelopment Agency of the City of San Bernardino and City of San Bernardino, Common Council of the City of San Bernardino County of San Bernardino, Auditor of the County of San Bernardino, and Interested Parties having stipulated that Judgment be entered validating the Northwest Redevelopment Project and the Redevelopment Plan adopted for such Project by the Common Council of the City of San Bernardino Ordinance No. MC -189 of July 7, 1982, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED: 1. That the City of San Bernardino Ordinance No. MC -189 is lawful and valid in all respects and without qualification. !'. ment Project and the Redevelopment Plan :. 1 2. That the Northwest Redevelop 11: 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 5 6 7 8 9 10 11 12 13 14 15 16 17' 18 19 20 21 22 2� 2� I 21 2' 2 3. That the implementation of the Northwest Redevelopment Project and the Redevelopment Plan for such Project by the Redevelopment Agency of the City of San Bernardino from the adoption of Ordinance No. MC -189 through and including the adoption of Agency Resolution No. 4630 is lawful and valid, and without qualification. 4.. That the allocation and payment of tax revenues and other funds to the Redevelopment Agency of the City of San Bernardino for the Northwest Redevelopment Project, pursuant to the California Community Redevelopment Law, Article XVI, Section 16 of the California Constitution, and such other laws or regulations which specify the powers and authority of the Agency, and the receipt and expenditure of such funds by the Redevelopment Agency for the Northwest Redevelopment Project are lawful and valid, and without qualification. 5. That the plaintiffs and the Redevelopment Agency of the City of San Bernardino are obligated to carry out terms and conditions of Resolution No. 4630 adopted by the Redevelopment Agency of the City of San Bernardino on June 18, 1984 which are included in this Judgment by reference and agreed to by all of the parties herein. The plaintiffs are obligated to take or cooperate in, all actions reasonably necessary on their part to assist the Agency in good faith in carrying out Resolution No. 4630 and to carry out the terms required of them. The Redevelopment Agency and any and all successors thereto are lawfully obligated to carry out and accomplish the terms and conditions of Resolution No. 4630. The obligations of this paragraph shall last for the duration of the Redevelopment Plan for the Northwest Redevelopment Project Area and any amendments, supplements or extensions thereof. -2- Ell • 1� . 2 �• 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 1� 2( 2'. 2' 2 2 • 6. Pursuant . tipulation, attorneys' fees and ^osts are awarded to plaintiffs in the amount of $26,500.00, which award shall oe the only award of costs, fees, and expenses of whatever nature, and no other award of costs, fees, or expenses shall be allowed herein: stipulation by the parties, final and 7. The judgment is pursuant to non - appealable. �/� , . D ated: 23 1984 1e. CAM1"ML Judge of the Superior Court Approved: C. Robert Ferguson C Attorney for Plain if Ralph Prince, City Attorney Furness Flory & Middlebrook Weiser, Kane, Ballmer be Berkman By: 4AAge.n4ey,Cit,y for Defendants and Common Council I Edward Taylor L Attorney for Interested Par ies 3 Allan K. Marks 4 County Counsel 5 ►g By. Deputy County Counsel Attorneys for Defendants �,7 County and Auditor B 150/35 -9 l -3- I i_ C - b P j uJC. Y A IcS /DRGA?41 ATI � r•i iti5 • can 804 CA 2A"rlcan Lt., as 25U2 KutaniA PeaPte *stsf 1 Be' ast 7 P• D• 8Qx 41b �� fie; if 4t; D~�u HI gh Land Av ID A Ga j jV ' r i ��2rs ; d e San nrard f Q, . e, � rna rd i np, CA 9Z4 to � C� 02 g2�75 Lf 1t t 1 376 4- gh �i }� 11Q¢ is of the 4141 1524 ij. n }kh lnst �, 8th St. Ya , ey #j2 �Sa;ine 5t. Sdrt Sernardino� C,3 9 San Erna: -df na, CA gZ4' 9Z41* -*s is f Arra,,,bea,d E3 c i1 L'n�cs incQ�r t �b66 N. JS � c4 . Ograr. 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