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February 13, ( 1990(
To:
Re: SPECIAL MEETING
NOTICE IS HEREBY GIVEN that the Mayor of the City of San
Bernardino has called a Special Meeting of the Mayor and Common
Council/Community Development Commission for 9:00 a.m., Monday,
February 12, 1990, in the Council Chambers of City Hall, 300
North "D" Street, San Bernardino, California.
1. The purpose for which this meeting has been called is to
discuss and take action on a proposed Joint Powers Authority
for Norton Air Force Base (Inland Valley Development Agency)
between the City of San Bernardino, the County of San
Bernardino and the cities of Colton and Loma Linda.
Resolution of the City of San Bernardino authorizing the
execution of an amended Joint Exercise of Powers Agreement
with the County of San Bernardino, the City of Colton and
the City of Loma Linda relating to the Inland Valley
Development Agency.
HOTION:
That further reading of said resolution be waived,
and said resolution be adopted.
HOTION:
That the appointment of three representatives from
the City of San Bernardino to the Board of the
Joint Powers Authority be appro~d, and that
7rrf?p ~ ' ~ ,
and ~ be appointed to
represent the City at the meetings of the Joint
Powers Authority; and that J7?~/ be
designated as the primary represe tative to the
Board of the Joint Powers Authority.
HOTION:
That ~
the alternate for ~~
the primary member, and t t
be appointed as
other two members.
be appointed as
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alternate for the
1
2/12/90
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2. Closed session.
HOTION:
That the Mayor and Common Council and Community
Development Commission recess to closed session
for the following:
a.
to give instruction to the City's/Commission's
negotiator on the purchase of property pursuant to
Government Code Section 54956.8. The real
property which the negotiations concern is
generally located at:
;
b. to consider personnel matters pursuant to
Government Code Section 54957;
c. to meet with designated representatives regarding
labor relations matters pursuant to Government
Code Section 54957.6;
d. to confer with the Chief of Police on matters
posing a threat to the security of public
buildings or a threat to the public's right of
access to public services or public facilities
pursuant to Government Code Section 54957;
e. to confer with the attorney regarding pending
litigation pursuant to Government Code Section
54956.9(b)(1), as there is significant exposure to
litigation;
f. to confer with the attorney regarding pending
litigation pursuant to Government Code Section
54956.9(c), so that Council/Commission may decide
whether to initiate litigation;
g. to confer with the attorney regarding pending
litigation which has been initiated formally to
which the City is a party pursuant to Government
Code Section 54956.9(a). (The City Attorney will
announce the case titles)
SHAUNA CLARK
City Clerk
2
2/12/90
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STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
CITY OF SAN BERNARDINO
SS
I HEREBY CERTIFY that notice of this Special Council Meeting was
served by handing a copy of the above notice to:
on
1990,
at
Server:
Title:
3
2/12/90
1
RESOLUTION NO.
90-47
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AMENDED JOINT EXERCISE OF POWERS AGREEMENT WITH
3 THE COUNTY OF SAN BERNARDINO, THE CITY OF COLTON AND THE CITY OF
LOMA LINDA RELATING TO THE INLAND VALLEY DEVELOPMENT AGENCY.
4
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
5 OF SAN BERNARDINO AS FOLLOWS:
6
SECTION 1. The Mayor is hereby authorized and directed to
7 execute on behalf of said City an Amended Joint Exercise of
8 Powers Agreement with the County of San Bernardino, the City of
9 Colton and the City of Lorna Linda, relating to the formation of
10 the Inland Valley Development Agency, a copy of said agreement is
11 attached hereto, marked Exhibit "A", and incorporated herein by
12 reference as fully as though set forth at length.
13
SECTION 2.
The authorization to execute the above-
14 referenced agreement is rescinded if the parties to the
15 agreement fail to execute it wi thin sixty (60) days of the
16 passage of this resolution.
17 I HEREBY CERTIFY that the foregoing resolution was duly
19
18 adopted by the Mayor and Common Council of the City of San
Bernardino at a
specid1
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21
22
23
24
25
26
27
28
meeting thereof, held on the 12th
day of Februdry
, 1990, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN
ESTRADA
REILLY
FLORES
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
x
x
x
x
x
-~
x
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_ . ~n/7<-t~.V- )
Cj_ t1' Clerk -
1
1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AMENDED JOINT EXERCISE OF POWERS AGREEMENT WITH
2 THE COUNTY OF SAN BERNARDINO, THE CITY OF COLTON AND THE CITY OF
LOMA LINDA RELATING TO THE INLAND VALLEY DEVELOPMENT AGREEMENT.
3
4
5
, 1990.
The foregoing resolution is hereby approved tois 16th day
/-
/
of
F'phrllary
6
7
8
Approved as to
9 form and legal content:
10 JAMES F. PENMAN,
City Attorney
11
12
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14
15
16
17
18
19
20
21
22
23
24
25
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AMENDED JOINT EXERCISE OF POWERS AGREEMENT
(INLAND VALLEY DEVELOPMENT AGENCY)
THIS AGREEMENT amends and supersedes that joint powers
agreement covering the same subject which was dated January 24,
1990; is dated for convenience as of February 12, 1990; and is by
and among each public agency represented as a party signatory to
this Agreement, each duly organized and existing under the laws
of the State of California (the "State"), collectively called the
"Members".
R E C I TAL S
WHEREAS, Article I of Chapter 5 of Division 7 of Title r
of the Government Code of the State of California pertaining to
the joint exercise of powers authorizes the Members by agreement
to jointly exercise certain powers common to the Members; and
WHEREAS, each of said parties has the authority and
power to plan for the use and reuse of Norton Air Force Base in
the event of its closure, and to acquire, own, maintain and
operate an airport; and
WHEREAS, the parties hereto recognize the importance of
determining the value of the potential civilian use of Norton Air
Force Base and its resulting possible benefit to the entire East
Valley region, all as may be determined by land use, aviation and
environmental studies required to be undertaken by the Agency
pursuant to the California Environmental Quality Act of 1970, as
amended ("CEQA") and
WHEREAS, each of said parties agree that a regional
approach is desirable to both (i) direct the policies and
activities of a civilian aviation facility and (ii) acquire, own,
maintain and operate the Norton Air Force Base Property for all
aviation uses as may be legally permitted upon such property, or
2/8/90
CSJ/NortonA
such other uses as may be legally permitted and as may be
determined by the Agency all in accordance with CEQA procedures
to be hereafter complied with by the Agency; and
WHEREAS, the parties hereto recognize the immediate
necessity for Planning for the possible closure of Norton Air
Force Base, and the need to determine the best manner in which to
utilize the Norton Air Force Base facility after closure to
attract business, create jobs and improve the quality of life for
the citizens of the East Valley; and
WHEREAS, each of the Members is authorized to establish
redevelopment agencies to undertake redevelopment projects under
the California Community Redevelopment Law (Health and Safety
Code section 33000, et seq.), for the purposes of causing
the redevelopment of areas in the interests of health, safety and
general welfare and all Members are cities or counties with
territory either within, adjacent to or in proximity to Norton
Air Force Base; and
WHEREAS, Health and Safety Code section 33320.5
authorizes the Members to form a joint powers authority for the
purposes of causing the redevelopment of certain property which
is currently operated as a military facility or installation and
which is to be closed pursuant to Public Law 100-526 in addition
to certain land which is adjacent or in proximity to a military
facility or installation and which land is necessary for the
effective redevelopment thereof; and
WHEREAS, the Members deem it desirable to participate
together in order to form a joint powers authority to be known as
the Inland Valley Development Agency (the "Agency") for the
purposes of adopting a Redevelopment Plan (the "Redevelopment
Plan") in order to facilitate the redevelopment of a
redevelopment project area, the boundaries of which are yet to be
determined, but which will generally include the military
-2-
facility known as Norton Air Force Base and certain areas
adjacent and in proximity thereto (the "Project Area"); and
WHEREAS, the adoption of a Redevelopment Plan is
intended to permit the redevelopment of the Project Area in order
to eliminate blight and promote the well planned development of
the Project Area for the benefit of the Members; and
WHEREAS, each of the Members shall agree to have certain
territory, as more fully set forth on Exhibit "A" attached hereto
and incorporated herein by this reference, which would otherwise
be within the jurisdiction of, and subject to, redevelopment by
each of the Members comprising the Agency, considered by the
Agency for inclusion within the ultimate Project Area to be
formed by the Agency; and
WHEREAS, for the purposes of this Agreement, the
territory of the County shall only be deemed to include any
unincorporated territory within the jurisdiction of the County;
and
WHEREAS, the territorial jurisdiction of the Agency
shall be the combined territorial jurisdictions of the Members
and within a portion of such combined territorial jurisdiction
shall be the Project Area which will be the subject of the
Redevelopment Plan; and
WHEREAS, Pursuant to Health and Safety Code section
33320.5, the Agency shall have and exclusively exercise powers of
a redevelopment agency within the Project Area in furtherance of
the redevelopment of the Project Area and shall act as the
redevelopment agency, legislative body and planning commission
with respect to all approvals and actions required in connection
with the adoption of the Redevelopment Plan; provided, however,
all land use, planning and development decisions with regard to
the land within the Project Area shall continue to be under the
-3-
control and jurisdiction of each of the respective local
legislative bodies or planning commissions, as applicable.
NOW, THEREFORE, in consideration of the above premises
of the mutual promises herein contained, the Members do hereby
agree as follows:
ARTICLE I
DEFINITIONS
section 1.01. Recitals. The Recitals hereinabove set
forth are incorporated herein by this reference and shall be a
part of this Agreement.
Section 1.02.
otherwise requires, the
shall, for the purposes
specified.
Definitions. Unless the context
words and terms defined in this Article
hereof, have the meanings herein
(a) "Act" means Article I of Chapter 5 of Division 7 of
Title 1 of the Government Code of the State of California as the
same exists and as may be amended from time-to-time.
(b) "Agency" means the Inland valley Development Agency
created as a separate joint powers agency pursuant to this
Agreement and as authorized by Health and Safety Code section
33320.5.
(c) "Agreement" means this Agreement.
(d) "Board" shall mean the governing body of the
Agency.
-4-
(e) "Board Members" shall mean the representatives of
the Members and New Members appointed to the Board in the manner
required by Section 2.09 hereof who shall have the power to vote
in the manner as provided in this Agreement.
(f) "Fiscal Year" shall mean each one-year period
commencing on July 1 of each calendar year and ending on June 30
of the next succeeding calendar year.
(g) "Law" means the Community Redevelopment Law as
found in Health and Safety Code section 33000, et seq., as the
same exists and as may be amended from time-to-time.
(h) "Members" means each of the parties to this
Agreement, and "Member" shall mean any party identified in
Section 2.09 hereof that has approved, executed and delivered
this Agreement. The term Member or Members may also include a
New Member or New Members if warranted by the context in which
such term is used.
(i) "New Member" or "New Members" shall mean any
municipal corporation that is added to the membership of the
Agency after the date of the adoption of the original project
Area and which New Member is added to the membership of the
Agency pursuant to an amendment to this Agreement.
(j) "Project Area" means that certain redevelopment
project area which will be designated by the Agency as the
redevelopment project area of the Agency and which will be
subject to the Redevelopment Plan as said project Area may
initially be adopted by the Agency and as it may thereafter be
amended to include either additional territory of the Members or
territory of a New Member.
(k) "Redevelopment Plan" means the Redevelopment Plan
to be adopted by the Agency for the redevelopment of the Project
Area.
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(1) "Secretary" means the Secretary of the Agency.
(m) "State" means the state of California.
(n) "Tax Increment Revenues" means moneys allocated or
paid to the Agency derived from each of the following sources:
(a) that portion of taxes levied upon assessable property within
the Project Area allocated to the Agency pursuant to Article 6 of
Chapter 6 of the Law and section 16 of Article XVI of the
Constitution of the state; and (b) reimbursements, subventions,
including payments to the Agency with respect to personal
property within the Project Area pursuant to section 16110, et
seo., of the Government Code of the State, or other payments made
by the State with respect to any property taxes that would
otherwise be due on real or personal property but for an
exemption of such property from such taxes.
(0) "Treasurer" means the Treasurer of the Agency.
ARTICLE II
GENERAL PROVISIONS
section 2.01. PUrPose. This Agreement is entered into
pursuant to the Act and Health and Safety Code Section 33320.5
which provides for the joint exercise of powers common to the
Members to create a separate joint powers agency which shall
have, in addition to such powers common to the Members, and
exclusively exercise powers of a redevelopment agency in
furtherance of the redevelopment of the Project Area. The
purpose of this Agreement is to promote the redevelopment of the
Project Area through the adoption of the Redevelopment Plan by
the Agency in order to eliminate blight, promote the retention of
existing and the creation of additional employment opportunities
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and cause the orderly redevelopment of the project Area in
furtherance of the health, safety and welfare of the Members and
the region within which the Project Area is located.
The state Legislature, upon enacting Health and Safety
Code section 33320.5, declared that it is the policy of the State
Legislature to assist communities within the County in their
attempt to preserve the military facilities and installations for
their continued use as airports and aviation related purposes.
In furtherance of such legislative intent, the Members
acknowledge and agree that it is the intent of the Agency so
created by this Agreement to acquire the Norton Air Force Base
property from the united states government upon mutually
agreeable terms and conditions as between the Agency and the
united states government. It is also the intent of the Members
that the Agency shall acquire, own, maintain, lease and operate
the Norton Air Force Base property, which shall be named and
known as the "San Bernardino Regional Airport", for such aviation
uses as may be legally permitted upon such property or such other
legal uses as may be determined by the Agency. The Members
further acknowledge and agree that the reuse and redevelopment of
the Norton Air Force Base, the adjacent property and the other
properties in proximity thereto will assist in both the creation
of new employment opportunities and in the preservation of
existing employment opportunities on a regional basis and will be
in the best interests of each Member and the residents within the
boundaries of each Member. All such ultimate uses of the Norton
Air Force Base by the Agency and any acquisition thereof shall be
accomplished in accordance with all applicable laws of the State.
section 2.02. Creation of the Aqencv. Pursuant to the
Act and the Law, there is hereby created a public entity to be
known as the "Inland Valley Development Agency". The Agency
shall be a public entity separate and apart from the Members and
shall be empowered to take such action, to the extent permitted
by law, to cause the implementation of this Agreement.
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section 2.03. Membership/Territorv. Membership in the
Agency shall be based upon the agreement of each of the Members
to allow certain territory, otherwise within the jurisdiction of
each such Member which territory is shown on Exhibit "A",
included for consideration in connection with the ultimate
formation of a Project Area. The final inclusion or exclusion of
such territory of a Member within the Project Area shall only be
authorized pursuant to a majority vote of the Board Members.
section 2.04. Expansion of Membership. The membership
of the Agency may be expanded to admit a New Member after the
final adoption of the Redevelopment Plan for the Project Area
pursuant to Health and Safety Code section 33365 by processing an
amendment to the Redevelopment Plan pursuant to Health and Safety
Code section 33450, et sea., to include the territory of any
proposed New Member. Such an expansion of the membership of the
Agency to admit any New Member shall require the unanimous vote
of the Board Members and the adoption and approval by each Member
of an amendment to this Agreement in the manner as provided in
section 8.04 hereof.
The membership of the Agency shall include all
prospective Members identified in section 2.09 as of the date of
approval, execution and delivery of this Agreement by each Member
to the other Members.
Section 2.05. Board. The Agency shall be administered
by a Board comprised of the number of Board Members representing
the respective public entities as set forth in section 2.09
hereof which have elected to become Members or New Members of the
Agency.
The number of the Board Members representing each Member
may be modified only by an amendment to this Agreement approved
in writing by each of the Members and New Members, if
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applicable, who are then in membership in the Agency in the
manner as provided in section 8.04 hereof. The number of Board
Members, Members and New Members, if applicable, may also be
modified as provided in accordance with Section 2.06 hereof. The
Board shall be called the "Governing Board of the Inland Valley
Development Agency". All voting power of the Agency shall reside
in the Board Members as individuals and not in any Member
jurisdiction by its city councilor Board of Supervisors.
Section 2.06. Expulsion and withdrawal from
Membership. Any expulsion or withdrawal of a Member or New
Member from the membership in the Agency shall be in accordance
with the following:
(a) Expulsion from Membership. At any time prior to the
introduction and first reading of an ordinance providing for
final adoption of the Redevelopment Plan, a Member may be
expelled from membership in the Agency upon a majority vote of
the Board Members. At any time prior to the introduction and
first reading of an ordinance providing for the final adoption of
an amendment to the Redevelopment Plan which amendment is for the
purposes of adding new territory of a New Member to the Project
Area, such New Member may be expelled from membership in the
Agency upon the majority vote of the Board Members.
The Agency shall not include any portion of the
territory of an expelled Member or an expelled New Member unless
such expelled member or expelled New Member shall thereafter
consent in writing to the inclusion of such territory within the
Project Area. Upon expulsion from membership in the Agency, any
expelled Member or any expelled New Member shall no longer be a
party to this Agreement for any purposes.
Both for purposes of this section 2.06 and as an agreed
upon procedure to be followed by the Agency in the adoption of
the Redevelopment Plan and amendments to the Project Area, the
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introduction and first reading of the ordinance to approve the
Redevelopment Plan and any amendments to the project Area for the
purpose of adding additional territory to the project Area shall
not occur any earlier than the sixth (6th) calendar day after the
conclusion of the public hearing of the Agency to consider the
approval of the Redevelopment Plan or any amendments to the
Project Area. As provided in this subsection (a) and in the
following subsection (b), any expulsions from membership or any
voluntary withdrawals from membership shall occur no later than
the fifth (5th) calendar day after the conclusion of the public
hearing on the Redevelopment Plan or any amendments to the
Project Area.
(b) Voluntary withdrawal from Membership. Any Member
may voluntarily withdraw from membership in the Agency at any
time prior to the introduction and first reading of an ordinance
providing for the final adoption of the Redevelopment Plan.
Subsequent to such final adoption of a Redevelopment Plan by the
Agency, any New Member may seek to have territory added to the
project Area pursuant to an amendment to the Redevelopment Plan.
At any time prior to the first reading of an ordinance providing
for the final adoption of an amendment to add territory to the
Redevelopment Plan, a New Member may voluntarily withdraw from
the membership prior to the inclusion of such territory of a New
Member within the amended project Area. The Agency shall not
include any portion of the territory of a withdrawing Member or a
withdrawing New Member unless such withdrawing Member or
withdrawing New Member shall thereafter consent in writing to the
inclusion of such territory within the project Area. Upon
voluntary withdrawal from membership in the Agency, such
withdrawing Member or withdrawing New Member shall no longer be a
party to this Agreement for any purposes.
(c) Mandatorv Participation. Upon the introduction and
first reading of the ordinance to approve the Redevelopment Plan
or an amendment to add territory to the Project Area, (i) any
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Member who has territory included within the boundaries of the
proposed Project Area, and (ii) any Member or New Member who has
territory included within the territory to be added by an
amendment to the Project Area, shall be unable to voluntarily
withdraw or be expelled from the Agency membership.
section 2.07. Meetinqs of the Board.
(a) Reqular Meetinqs. The Board shall hold regularly
scheduled meetings at such time and at such location or locations
to be designated by the Board Members. The date, hour and place
of the holding of regular meetings shall be fixed by resolution
of the Board and a copy of such resolution shall be delivered to
each of the Members. Regular meetings of the Agency may only be
held at a location or locations which are either within any
portion of the territorial jurisdiction of a Member which is a
municipal corporation or within three (3) miles of the boundaries
of Norton Air Force Base.
(b) Special Meetinqs. Special meetings of the Board
maybe called in accordance with the provisions of section 54956,
et seq., of the Government Code of the State.
(c) Call, Notice and Conduct of Meetinqs. All meetings
of the Board, including without limitation special meetings,
shall be called, noticed, held and conducted in accordance with
the provisions of the Ralph M. Brown Act found as section 54950,
et seq., of the Government Code of the State.
section 2.08. Minutes. The Secretary shall maintain
minutes of the meetings of the Board and shall, as soon as
practicable after each meeting, forward a copy of the minutes to
each Board Member and to each of the Members.
section 2.09. votinq.
The number of votes for each public entity which is
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included within the then current membership of the Agency as
either a Member or a New Member shall be as follows:
city of San Bernardino
County of San Bernardino
city of Colton
City of Lorna Linda
Votes
3
2
2
2
Each Member with two (2) votes shall have two (2) Board
Members with one (1) vote each, and the Member with three (3)
votes shall have three (3) Board Members with one (1) vote
each. In the event a Board Member for a Member with two (2)
votes is not present upon the casting of votes on any matter, the
other Board Member may cast two (2) votes on behalf of such
Member in any manner deemed appropriate by such Board Member. In
the event either one (1) or two (2) Board Members for a Member
with three (3) votes are not present upon the casting of votes on
any matter, the Board Member or Board Members of such Member in
attendance may cast among them a total of three (3) votes on
behalf of such Member in any manner deemed appropriate by such
Board Member or Board Members. In the event no Board Member of a
Member is present at the time that votes are cast on a matter,
the votes of such absent Board Member or Board Members shall be
considered as not having been cast on such matter.
Each Member by official action of its city councilor
Board of Supervisors, as appropriate, shall designate one (1)
elected official of the Member for each vote and Board position
as the primary representatives for each Member. Such primary
representatives may be any elected official of the Member. Each
Member shall similarly designate one (1) additional elected
official of the Member to serve as an alternate for either or all
of the primary representatives for each Member.
Section 2.10. Ouorum: Reauired Votes: Approvals. No
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Person other than a duly appointed Board Member who has been
appointed as either a primary representative or an alternate
representative may sit on the Board and be considered for
purposes of determining a quorum and for the casting of votes.
Board Members representing a majority of the Members and New
Members then in the membership of the Agency shall constitute a
quorum, which is necessary for the transaction of business,
except that less than a quorum may adjourn from time-to-time.
The affirmative votes of a majority of the Board Members
representing Members and New Members then in the membership of
the Agency shall be required on all actions to be taken by the
Board unless a greater number of votes is otherwise specified in
this Agreement or required by law for a specific matter. Any
Board Member who shall abstain from voting shall not have such
vote counted as either an affirmative or a negative vote but
shall be considered as present for purposes of determining
whether a quorum of the Members is present.
section 2.11. Bvlaws. The Board may adopt, from time-
to-time, such bylaws, rules and regulations for the conduct of
its meetings as are necessary for the purposes hereof; provided,
however, that such bylaws shall not be inconsistent with this
Agreement or in any manner amend or attempt or purport to amend
this Agreement or any amendment to this Agreement.
ARTICLE III
OFFICERS AND EMPLOYEES
section 3.01. Co-Chairmen, Vice-Chairman and Additional
Officers. The Board shall elect two persons to be Co-Chairmen
and one person to be Vice-Chairman from among the Board Members
for a term of two (2) years commencing as of the first regular
meeting of the Board of the Fiscal Year which commences in an
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even numbered calendar year; provided that the initial term of
the Co-Chairmen and Vice-Chairman elected by the Board upon
creation of the Agency shall terminate upon the election of the
Co-Chairmen and Vice-Chairman for the 1992-93 and 1993-94 Fiscal
Years. The Board shall appoint such additional officers and
shall employ such additional employees and assistants as may be
appropriate, including, but not limited to, a general manager,
counsel and Secretary for the Board. The officers shall perform
the duties normal to said offices; and
(a) Either Co-Chairmen, or such other official, officer
or person as may be designated by the Board, shall execute all
contracts on behalf of the Agency, and shall perform such other
duties as may be imposed by the Board;
(b) the Vice-Chairman shall act, execute contracts and
perform all of the Co-Chairmen's duties in the absence of both
Co-Chairmen; and
(c) the Secretary shall attest to the execution of all
contracts executed by a Co-Chairman, Vice-Chairman or such other
official, officer or person as may be designated by the Board, on
behalf of the Agency, perform such other duties as may be imposed
by the Board and cause a copy of this Agreement to be filed with
the Secretary of State pursuant to the Act.
section 3.02. Treasurer. The Board Members shall
select the treasurer or chief financial officer of a Member to be
designated as the Treasurer of the Agency. The Treasurer shall
be the depository and shall have custody of all of the funds and
moneys of the Agency. The Board shall also appoint a controller
who shall have custody of all the accounts and who shall draft
warrants to pay all demands against the Agency as approved by the
Board. The Agency shall approve the employment of a certified
public accountant or firm of certified public accountants for the
annual audit of all accounts and financial records of the Agency.
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section 3.03. Officers in Charqe of Records. Funds and
Accounts. The controller shall have charge of, handle and have
access to all accounts, funds and moneys of the Agency and all
records of the Agency relating thereto; and the Secretary shall
have charge of, handle and have access to all other records of
the Agency. All persons who have charge of, handle or have
access to any property of the Agency shall file an official bond
in an amount to be determined by the Agency, and all costs of
providing such official bond shall be paid by the Agency.
section 3.04. Other Emolovees. The County of San
Bernardino (the "County") shall (i) provide the Agency with
County staff personnel as reasonably deemed necessary by the
Agency for the purposes of causing the preparation and adoption
of the Redevelopment Plan for the Project Area, and (ii) contract
with such consultants, engineers and legal counsel and other
third parties as deemed necessary by the Agency in order to cause
the successful adoption and administration of the Redevelopment
Plan and cause to be prepared and adopted a Norton Air Force Base
reuse plan. The Agency shall accept within thirty (30) days
after the creation of the Agency all consultant contracts
previously entered into by the County with consultants retained
for the adoption of the base reuse plan and the Redevelopment
Plan and with legal counsel. Upon acceptance of such contracts,
the Agency shall approve a budget for the payment of all
anticipated amounts to be paid pursuant to such contracts until
said contracts have been fully performed. The Agency hereby
deems such previously executed contracts to have been necessary
for the adoption of the Redevelopment Plan and approves payment
for the professional services performed pursuant to such
contracts. The Agency also agrees to pay to the County all costs
incurred by the County in preparation for the base reuse plan,
this Agreement and the Redevelopment Plan, provided such costs
represent additional expenses to the county which would not have
been incurred but for the effort to create the base reuse plan,
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this Agreement and the Redevelopment Plan all in connection with
the Norton Air Force Base. The Agency shall have the obligation
to reimburse the County solely from Tax Increment Revenues
attributable to the Project Area for the costs paid or incurred
by the County. Such reimbursement payments shall commence at
such time as Tax Increment Revenues generated from the Project
Area are available for the purposes of such reimbursement and
shall continue until all amounts plus interest thereon have been
reimbursed to the County. Such reimbursements shall be made
periodically on a pro rata basis and installments shall be in
such amounts as funds are available for such reimbursement so
that, to the extent financially possible, all amounts plus
interest thereon shall be reimbursed to the County within a
three-year period. The reimbursement obligation shall only
pertain to actual verifiable costs paid or incurred by the
County, with interest thereon at the rate of seven and five-
tenths percent (7.5%) per annum on the outstanding principal
balance calculated for the period of time from which the County
expended funds until the date of full reimbursement of such
principal amount plus interest thereon. To the extent any
unreimbursed amounts remain outstanding at the end of three (3)
years from the date expenses were incurred, such obligation for
reimbursement shall continue until the county has been reimbursed
in full. The Agency shall have the power to appoint and employ
such other consultants and independent contractors as may be
necessary for the purposes of this Agreement.
None of the officers, agents or employees directly
employed by the Board shall be deemed, by reason of their
employment by the Board, to be employed by any Member or, by
reason of their employment by the Board, to be subject to any of
the requirements of the Members. The Board may, however, elect
to utilize the employment and benefit system of any Member with
the written concurrence of such Member as the employment and
benefit system for Board and Agency employees. The Agency shall
adopt a conflict of interests code which shall pertain to all
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Board Members and all officers, officials and employees of the
Agency as shall be designated therein.
section 3.05 Assistant Officers. The Board may appoint
such assistants to act in the place of the Secretary or other
Board appointed positions (other than any Board Member) as the
Board shall from time-to-time deem appropriate.
section 3.06 Fiscal Review. The Agency in accordance
with Health and Safety Code section 33320.5 shall cause the
formation of a fiscal advisory committee (the "Fiscal Advisory
Committee") for the purposes of advising the Agency of any fiscal
impacts suffered, or to be suffered, by any taxing agencies with
territory located within the Project Area which fiscal impacts
are caused by, or attributable to, the adoption of the
Redevelopment Plan, or an amendment thereto. Each Member shall,
during the Redevelopment Plan adoption process, or the amendment
process if necessary, commit the services of its fiscal officer
or treasurer to participate on the Fiscal Advisory Committee for
the purposes set forth herein. Said Fiscal Advisory Committee
shall meet on a regular basis with any affected taxing entities
and shall convene on a monthly basis, or more frequently as may
be deemed necessary, in order to adequately analyze and advise on
any fiscal impacts associated with the adoption of the
Redevelopment Plan, or an amendment thereto. Such Fiscal
Advisory Committee shall present its findings and recommendations
to the Agency regarding any fiscal impacts to affected taxing
agencies for consideration by the Agency.
Section 3.07 Technical Advisorv Committee. Each of the
Members shall commit the services of its city manager, chief
executive officer or redevelopment director to serve on a
technical advisory committee (the "Technical Advisory Committee")
to be formed by the Agency. The Technical Advisory Committee
shall meet regularly with the staffs of each of the Members to
informally discuss issues and concerns regarding the
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Redevelopment Plan adoption process and Redevelopment Plan
amendment process, if applicable.
ARTICLE IV
POWERS
section 4.01. General Powers. The Agency shall exercise,
in the manner herein provided, the powers common to each of the
Members which are necessary to the accomplishment of the purposes
of this Agreement, subject to the restrictions set forth in
section 4.03.
As provided in the Act, the Agency shall be a public
entity separate and apart from the Members. The jurisdictional
boundaries of the Agency for which the Agency shall exclusively
exercise powers of a redevelopment agency shall be the Project
Area as may be initially adopted and any amendments thereto. All
Tax Increment Revenues, investment earnings and other income
accruing to the Agency shall be available for use by the Agency
in a manner consistent with this Agreement. The Agency shall
have the power to redevelop Norton Air Force Base and the
properties which are adjacent and in proximity thereto and assist
in the elimination of blight by expending moneys for
redevelopment purposes in order to cause the redevelopment of the
Project Area in a manner consistent with the Law.
section 4.02. Specific Powers. The Agency is hereby
authorized, in its own name, to do all acts necessary for the
exercise of the foregoing powers only in accordance with the Law,
the Act and other applicable laws of the State, including but not
limited to, any or all of the following:
(a) to make and enter into contracts pertaining to the
redevelopment of the Project Area subject to the limitations set
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forth in Section 4.03 hereof:
(b) to employ agents or employees:
(c) to acquire or dispose of land or building sites:
(d) to provide financing assistance to encourage
development:
(e) to improve land or building sites through the
acquisition, installation and improvement of on-site or off-site
Public improvements:
(f) to donate land to private or public persons or
entities:
(g) to incur debts, liabilities or obligations, and to
issue bonds, notes, warrants or other evidence of indebtedness:
(h) to acquire, construct, manage, maintain, lease and
operate buildings, works or improvements, both public and private
as may be permitted by the Laws of the State:
(i) to acquire, rehabilitate and dispose of buildings
or structures:
(j) to provide relocation assistance:
(k) to assist in the development of housing for the
benefit of, low- and moderate-income households and to provide
subsidies in connection therewith:
(1) to apply for, receive and utilize grants and loans
from federal or state government or any other source:
(m) to enter into agreements with the United States of
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America or any agency or department thereof to determine the
interim use and disposition of the Norton Air Force Base
property;
(n) to develop financing plans, pay the principal and
interest on bonds, loans, advances or other indebtedness, or pay
financing or carrying charges;
(0) to sue and be sued in its own name;
(p) to carry out and enforce all the provisions of this
Agreement;
(q) to acquire, own, lease and operate an airport
facility, including any wastewater treatment facility in
connection with the Norton Air Force Base property;
(r) to exercise any and all other powers of a
redevelopment agency as may be provided in the Law or the Act as
the same exist and as the Law or the Act may hereafter be
amended.
section 4.03. Restrictions on Exercise of Powers. The
powers of the Agency shall be exercised in the manner provided by
Law and the Act and shall be subject to the restrictions upon the
manner of exercising such powers that are imposed upon the City
of San Bernardino in the exercise of similar powers. Any
exercise of the power of eminent domain by the Agency shall
require the two-thirds (2/3rds) vote of the Board Members and the
concurring two-thirds (2/3rds) vote of either (i) the city
council within whose municipal boundaries the property that is
the subject of the eminent domain action is located, or (ii) the
Board of Supervisors of the county in the event the property that
is the subject of the eminent domain action is located within the
unincorporated area of the county.
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section 4.04. Redevelopment proiects/priorities. The
Agency shall maintain two (2) priority lists for projects to be
undertaken by the Agency with Agency Tax Increment Revenues. The
first list shall be job generating and blight elimination
projects that comply with certain criteria to be established by
the Agency, and the second list shall include any other project
that can be legally undertaken by the Agency. A Member of the
Agency may propose projects within the Member's territory and the
Agency itself may propose projects, subject to the limitations
set forth herein.
with respect to Member proposed projects within the
territory of such Member, each Member by official action of its
city councilor Board of Supervisors, as appropriate, must
approve such projects. All such Member proposed projects shall
be prioritized on an ongoing basis by a majority vote of the
Board Members and such projects shall be placed on either the
"job generating/blight elimination" list or the "other project"
list. All such approved projects on both priority lists will be
undertaken by the Agency as funds are available to the Agency for
such purpose. The designation of projects for either priority
list and the actual prioritization of projects on the respective
lists shall require a majority vote of the Board Members. The
initial authorization to proceed with the implementation of such
specific projects by the letting of contracts or the
appropriation of funds shall require a majority vote of the Board
Members. A Member by official action of its governing body may
withdraw a project located within its territorial jurisdiction
from consideration at any time until such initial authorization
to proceed has been granted by the Agency.
A Member may carry out within a Project Area any
activity which may legally be undertaken by the Member which does
not involve the expenditure of Agency funds, and no approval of
the Agency shall be required for such projects.
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In the event the Agency elects to undertake a
development project which requires the expenditure of Agency Tax
Increment Revenues or enter into an agreement for any real
property lease, acquisition or disposition, either of which is
being proposed by the Agency and not by a Member, the Agency may
undertake such development project or real property transaction
within the territorial jurisdiction of a Member only upon the
approval of the governing body of such Member.
The implementation of any project shall be subject to
ordinary and customary development conditions and criteria,
exactions and imposition of mitigation measures as may be
determined in the sole discretion of the Member's planning
commission, the city councilor Board of supervisors, as
appropriate, and any other advisory boards of the Member within
whose territorial jurisdiction such project is proposed to be
located.
The Redevelopment Plan shall contain provisions to the
effect that at such time or times as the general plan land use
designations may be changed by the legislative body of a Member,
the Redevelopment Plan shall be deemed to be automatically
modified so that the Redevelopment Plan will at all times be in
conformity with the local land use designations of each Member.
section 4.05. Obliaations of Aaencv. The debts,
liabilities and obligations of the Agency shall not be the debts,
liabilities and obligations of any of the Members unless such
Member shall expressly agree in writing to repay such debt,
liability or obligation.
ARTICLE V
ASSUMPTION OF RESPONSIBILITIES; APPLICATION OF FUNDS
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section 5.01. Assumption of Responsibilities bv the
Aqencv. As soon as practicable after the effective date of this
Agreement, notice shall be given in the manner required by
section 8.01 of the organizational meeting of the Board. At said
meeting the Board shall provide for its regular meetings as
required by section 2.07 and elect the Co-Chairmen and a Vice-
Chairman and appoint the Secretary and Treasurer.
Section 5.02. Deleqation of Powers. Each of the Members
hereby delegates to the Agency the power and duty to undertake
such actions as may be necessary to carry out the intent of this
Agreement to the extent permitted by this Agreement and by law.
Section 5.03. Creation and Application of Funds. The
Members agree that the Redevelopment Plan for the Project Area
and the ordinance adopting such Redevelopment Plan shall contain
a provision requiring that Tax Increment Revenues attributable to
the Project Area in accordance with Health and Safety Code
Section 33670(b) shall be allocated for Agency use from each
Member's percentage share of the one percent (1%) tax rate as
follows: (i) each Member which is a incorporated city (the "City
Member") shall have allocated for Agency use one-half (1/2) of
their percentage share of the one percent (1%) tax rate for
property taxes generated upon the incremental assessed value of
property located within their municipal boundaries of the Project
Area: (ii) the county shall have allocated for Agency use one-
half (1/2) of the County General Fund share of the one percent
(1%) tax rate for property taxes generated upon the incremental
assessed value of property which is within County unincorporated
areas of the Project Area as of the effective date of this
Agreement. Upon annexation of any such County unincorporated
property into the municipal boundaries of a City Member, both the
County and such City Member agree that the property taxes
represented by fifty percent (50%) of their respective percentage
figures after annexation shall be allocated as Tax Increment
Revenues for Agency use, or such greater percentage figure as may
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be necessary to make the combined city Member or County
allocation in such annexed territory at least equal to the amount
of Tax Increment Revenues allocated for Agency use as Tax
Increment Revenues from the county General Fund immediately Prior
to such annexation. Upon annexation of any such County
unincorporated property into the municipal boundaries of a city
that is not a Member, the County agrees that the property taxes
represented by fifty percent (50%) of its percentage figures
after annexation shall be allocated as Tax Increment Revenues for
Agency use.
The Agency may not receive or use any Tax Increment
Revenues attributable to the percentage share of a Member from
the one percent (1%) property tax rate in excess of the amount
required to be allocated for Agency use herein without the
expressed written approval of the affected Member. The Agency may
not receive or use any Tax Increment Revenues from the percentage
share of the one percent (1%) property tax rate attributable to
all special districts governed by the Board of Supervisors
(including the County Flood Control District), the County
superintendent of Schools and the County Free Library without the
express written approval of the County.
The Agency shall authorize the filing of a validation
action as permitted by Health and Safety Code Section 33500, et
sea., for the purpose of determining the legality and validity of
all proceedings taken for or in any way connected with the
establishment of the Agency and its authority to transact
business and to exercise its powers. Such validation action
shall, in addition to other matters as may be validated
thereunder, specifically address the matters set forth in this
Section 5.03 and determine (i) the validity of the Agency
designation as Tax Increment Revenues of less than all of the
property taxes generated upon the incremental assessed valuation
pursuant to Health and Safety Code Section 33670(b) attributable
to the property tax rate of a Member and (ii) the validity of
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causing the remittance of the remaining portion of such property
taxes generated upon the incremental assessed valuation pursuant
to Health and Safety Code section 33670(b) attributable to the
property tax rate of a Member that are not designated as Tax
Increment Revenues to the respective Members as the proceeds of
taxes for deposit and use by each respective Member as general
fund revenues.
section 5.04. Unexcended Funds. Any unexpended funds
on deposit with the Agency and any direct or indirect moneys
received or earned by the Agency shall, upon termination of this
Agreement or upon the dissolution of the Agency, be distributed
to the respective Members in proportion to each Member's
contribution to the total allocation of Tax Increment Revenues to
the Agency from all Members up to the time of such termination or
dissolution.
section 5.05. Member contributions. Nothing contained
in this Agreement shall preclude any Member or New Member from
contributing or advancing any legally available funds, moneys or
revenues of any such Member or New Member all as provided in
Section 6504 of the Act. Any contribution or advance to the
Agency by a Member or New Member in furtherance of the purpose of
this Agreement shall be made only upon agreement by and between
the Agency and the Member or Members and the New Member or New
Members, as applicable, seeking to or being requested to make
such contribution or advance to or for the benefit of the Agency.
ARTICLE VI
ACCOUNTS AND REPORTS; FUNDS
section 6.01. Accounts and Recorts. The Treasurer
shall establish and maintain such funds and accounts as may be
required by good accounting practice. The books and records of
-25-
the Agency shall be open to inspection at all reasonable times by
representatives of the Members and the Board Members. As soon as
practicable after the close of each Fiscal Year, the controller
shall give a complete written report of all financial activities
for such Fiscal Year to the Board Members and the Members, and
the Agency shall cause an audit to be conducted by an independent
certified public accounting firm, as provided in section 3.02
hereof. The final audit shall be distributed to each Member, to
each Board Member and to each member of the Technical Advisory
Committee.
section 6.02. Disbursements. The Agency shall make
disbursements required by this Agreement or carry out any of the
provisions or purposes of this Agreement in accordance with
policies and procedures as may be established by the Board.
section 6.03. Annual Budqet and Administrative
Expenses. Prior to July 1st of each year, the Board shall adopt
an annual budget for all Agency expenses which budget shall
include Agency administrative expenses, capital expenditures and
debt repayments for both public improvement projects and other
redevelopment activities.
ARTICLE VII
TERM
section 7.01. Term. This Agreement as originally
approved has become effective on January 24, 1990. This
Agreement shall continue in effect for a term of years not less
than the duration of the Redevelopment Plan or the term of any
agreements entered into with the State or federal government or
any agency or department thereof unless terminated by the mutual
consent of the Members on an earlier date: provided, however,
-26-
that this Agreement shall not be terminated by the mutual consent
of the Members if (i) such termination would impair any
contractual arrangement between the Agency and third parties, or
(ii) the Agency has previously issued bonds, notes or other forms
of indebtedness to undertake any purposes of the Agency: unless,
however, any such obligations have been paid in full or assumed
in full by any Member or Members independently or by another
governmental entity as maybe permitted by the laws of the state.
section 7.02. Disposition of Assets. Upon termination
of this Agreement, all property of the Agency, both real and
personal, shall be divided among the Members in the same manner
as provided for in section 5.04 hereof.
ARTICLE VIII
MISCELLANEOUS PROVISIONS
section 8.01. Notices. Notices hereunder to any Member
shall be proper if in writing and dispatched by messenger for
immediate personal delivery, or by registered or certified United
States mail, postage prepaid, return receipt requested, or by
fax, facsimile or telecopier transmission to the principal office
of the Members as each Member may determine to be its address for
the receipt of notices pursuant to this Agreement. Notice shall
be deemed to have been given for purposes of this Agreement upon
receipt if by either messenger or registered or certified United
States mail and upon transmission by the party giving notice if
by fax, facsimile or telecopier transmission.
Section 8.02. Section Headinas. All section headings
in this Agreement are for convenience of reference only and are
not to be construed as modifying or governing the language in the
section referred to or to define or limit the scope of any
provisions of this Agreement.
-27-
Section 8.03. Law Governinq. This Agreement is made in
the state under the Constitution and laws of the state and is to
be so construed.
section 8.04. Amendments. This Agreement may be
amended at any time, or from time-to-time, by one or more
supplemental agreements approved by official action of the
respective city councils or Board of supervisors, as appropriate,
and executed by all of the Members who are then parties to this
Agreement either as required in order to carry out any of the
provisions of this Agreement or for any other purpose including
without limitation the addition of New Members and any other
public agencies heretofore or hereafter created, in furtherance
of the purposes of this Agreement.
section 8.05. Enforcement bY Aqency. The Agency is
hereby authorized to take any or all legal or equitable actions,
including but not limited to injunction and specific performance,
necessary or permitted by law to enforce this Agreement.
section 8.06. Severability. Should any part, term or
provision of this Agreement be decided by any court of competent
jurisdiction to be illegal or in conflict with any law of the
state, or otherwise be rendered unenforceable or ineffectual, the
validity of the remaining portions or provisions shall not be
affected thereby.
Section 8.07. Successors. This Agreement shall be
binding upon and shall inure to the benefit of the successors of
the respective Members. None of the Members may assign any right
or obligation hereunder without the written consent of the other
Members.
Section 8.08. Executed Counterparts. This Agreement
may be executed in original counterparts by each Member executing
their respective signature page upon approval by the governing
-28-
body of each Member of a conformed copy of both this Agreement
and Exhibit "A" prior to the obtaining of all executed signature
pages to this Agreement from the other Members of the Agency.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed and attested by their proper officers
thereunder duly authorized and their official seal to be hereto
affixed, on the day and year set opposite the name of each of the
parties.
-29-
CITY OF SAN BERNARDINO, C
ORNIA
Title:
( SEAL)
ATTEST:
~m/~A!/
/
city Clerk
Approved as to Form:
Attorney
-30-
(SEAL)
ATTEST:
CITY OF COLTON, CALIFORNIA
By:
/
Title: /n~
y~(},~.
City Clerk
Approved as to Form:
~k
City Attorney
-31-
( SEAL)
ATTEST:
city Clerk
Approved as to Form:
city Attorney
CITY OF LOMA LINDA, CALIFORNIA
By:
Title:
-32-
(SEAL)
ATTEST:
City Clerk
Approved as to Form:
County Counsel
COUNTY OF SAN BERNARDINO
By:
Title:
-33-
EXHIBIT "A"
Territory to be included by each Member for consideration in
the formation of the Project Area as provided in section 2.03 of
the Agreement is all territory within the Preliminary Survey Area
Boundary as shown on the map portion of this Exhibit "A",
exclusive of all existing redevelopment project areas and
proposed redevelopment project areas for which a boundary map and
legal description have been filed by the appropriate Member with
the State Board of Equalization, and exclusive of all territory
listed in the Attachment to Exhibit "A". Except for such
exclusions, the territory within the Preliminary Survey Area
Boundary shall include both (i) all incorporated areas of a
Member, if such Member is a municipal corporation and (ii) all
unincorporated areas of the County of San Bernardino.
-34-
ATTACHMENT TO EXHIBIT A
EXCEPTING therefrom the following described property in the
Cities of San Bernardino and Highland and unincorporated area in
the County of San Bernardino:
PARCEL NO. 1
All of that certain property lying North of the centerline
of Mill Street, South of the centerline of Poplar Street, East of
the centerline of Mt. Vernon Avenue and West of the East line of
Eureka Street.
PARCEL NO.2:
All of that certain property lying North of the centerline
of Esperanza Street and it's Westerly prolongation, South of the
centerline of Mill street, East of a line which is parallel with
and 150 feet West of the centerline of "K" Street and West of the
East line of "J" Street.
PARCEL NO.3:
All of that certain property lying North of the centerline
of 5th Street, South of a line which is parallel with and 300
feet North of the North line of 6th Street, East of the East line
of Mayfield Avenue and it's Northerly prolongation and West of
the East line of Mt. View Avenue.
PARCEL NO.4:
All of that certain property lying North of a
300 feet South of the South line of 9th Street,
centerline of lOth Street, East of the centerline
and West of the centerline of Mt. View Avenue.
line which is
South of the
of "D" Street
PARCEL NO.5:
All of that certain property lying North of the centerline
of Kingman Street, South of the centerline of 6th Street, East of
the Westerly boundary of the Joint Powers Authority and West of
the centerline of Cabrera Avenue.
Page 35
February 12, 1990
PARCEL NO.6:
All of that certain property lying North of a line which is
parallel with and 300 feet South of the South line of the
Atchison, Topeka and Sante Fe Railroad right-of-way, South of a
line which is parallel with and 800 feet South of the south line
of Pioneer street, Easterly of the Northerly right-of-way line of
the Santa Ana River and West of the centerline of Gage Street and
its Northerly and Southerly prolongation.
PARCEL NO.7:
All of that certain property lying North of the centerline
of 6th Street, South of the centerline of Vine Street and its
Westerly prolongation, East of the centerline of Elm Street and
West of a line which is parallel with and 800 feet East of the
East line of Sterling Avenue in the Cities of San Bernardino and
Highland.
PARCEL NO.8:
All of that certain property lying North of a line which is
parallel with and 300 feet South of the South line of 7th Street
and its Westerly prolongation, South of a line which is parallel
with and 200 feet North of the North line of Vine Street and its
Westerly prolongation, East of a line which is parallel with and
200 feet West of the centerline of Tippecanoe Avenue and East of
the centerline of Fairfax Lane and its Northerly and Southerly
prolongation in the cities of San Bernardino and Highland.
PARCEL NO.9:
All of that certain property lying North of the centerline
of San Bernardino Avenue and its Westerly prolongation, South of
the centerline of the Santa Ana River, East of a line which is
parallel with and 300 feet West of the centerline of Tippecanoe
Avenue and West of a line which is parallel with and 1100 feet
East of the centerline of Tippecanoe Avenue.
Page 36
February 9, 1990