HomeMy WebLinkAbout34- Mayor's Office 1, CITY 'OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
From: Mayor Tom Minor Subject: (1) Resolution. . .Approving Amendment No.
2 to Amended Joint Exercise of
Dept: Mayor's Office colply Powers Agreement (IVDA) , etc.
(2) Resolution. . .Approving Amendment No.
Date: August 29, 1996 2 to Amended Joint Exercise of
Powers Agreement (SBIAA) , etc.
Synopsis of Previous Council action:
April 15, 1996 - Adopted Resolution No. 96-98 approving Amendment No. 2 to IVDA Joint
Powers Agreement subject to 60 days approval.
Recommended motion:
Adopt Resolution (1) Approving Amendment No. 2 to Amended Joint Exercise of Powers
Agreement (IVDA) , etc.
Adopt Resolution (2) Approving Amendment No. 2 to Amended Joint Exercise of Powers
Agreement (SBIAA) , etc.
Signature
Contact person: Mayor Tom Minor Phone: 5133
Supporting data attached: Attached Ward:
FUNDING REQUIREMENTS: Amount: -0-
Source: (Acct. No.) -0-
(Acct. Description) -0-
Finance'
Council Notes: previously J
Continued to
Li g Continued to f Q V/ 7 /
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75-0262 Agenda Item No._3.114;f'16
1 RESOLUTION NO. 96-_
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO RESCINDING RESOLUTION NO.
3 96-98 AND APPROVING A CERTAIN AMENDMENT NO. 2 TO
AMENDED JOINT EXERCISE OF POWERS AGREEMENT
4 (INLAND VALLEY DEVELOPMENT AGENCY)
5
6 WHEREAS, the City of San Bernardino, California
7 ( "City" ) is a charter city and a municipal corporation duly
8 organized and existing under the Constitution and Laws of the
9 State of California; and
10
11 WHEREAS, the Inland Valley Development Agency ("IVDA")
12 was established by the legislative bodies of the City, the County
13 of San Bernardino, the City of Colton, and the City of Loma Linda
14 ("Members") ; and
15
16 WHEREAS, on January 24, 1990, a certain Joint Exercise
17 of Powers Agreement ("Agreement") became effective in which the
18 purposes and powers of the IVDA are set forth in connection with
19 the adoption of a redevelopment p p plan and the acquisition of
20 certain areas within Norton Air Force Base ("NAFB") if and when
21
available for acquisition; and
22
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24 WHEREAS, on February 12, 1990, and February 13, 1990,
25 the Members approved and authorized the execution of a certain
26 Amended Joint Exercise of Powers Agreement ("Amended Agreement" )
27 which amended and superseded the Agreement; and
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j WHEREAS, on July 18, 1990, the Members approved and
2 adopted the Redevelopment Plan ("Redevelopment Plan") For The
3 Inland Valley Redevelopment Project Area ("Project Area") ; and
4
5 WHEREAS, the Members approved and authorized the
6 execution of a certain Amendment No . 1 to the Amended Agreement,
7 which became effective on April 13, 1992; and
8
9 WHEREAS, pursuant to Government Code Section 6502 and
10 Sections 4 . 01 and 4 . 03 of the Amended Agreement, the IVDA may
11
exercise the powers common to each of its Members which are
12
necessary to accomplish the purposes of the Amended Agreement,
13
subject to the restrictions upon the exercise of such powers that
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are imposed upon the City; and
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17 WHEREAS, Section 2 . 04 of the Amended Agreement provides
18 inter alia that the membership of the IVDA may be expanded to
19 admit a New Member after the final adoption of the Redevelopment
20 Plan by processing an amendment to the Redevelopment Plan
21 pursuant to Health and Safety Code Section 33450, a,. sea. , to
22 include the territory of any proposed New Member, and upon the
23 unanimous vote of the Board Members and the adoption and approval
24 of each Member of an amendment to the Amended Agreement in
25 accordance with Section 8 . 04 thereof; and
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1 WHEREAS, Section 8 . 04 of the Amended Agreement provides
2 inter alia that the Amended Agreement may be amended by
3 supplemental agreements approved by official action of the
4 Members' legislative bodies, and executed by all of the Members
5 who are parties to the Amended Agreement, for the purpose of
6 adding New Members; and
7
8 WHEREAS, on April 15, 1996, the City adopted its
9 Resolution No. 96-98 approving a certain Amendment No. 2 To
10 ended Joint Exercise of Powers Agreement (Inland Valley
11
Development Agency) ; and
12
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WHEREAS, the other Members of the IVDA did not execute
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15 Amendment No . 2 within sixty (60) days of the passage of
16 Resolution No. 96-98; and
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18 WHEREAS, the other Members have or in the immediate
19 future will execute Amendment No. 2; and
20
21 WHEREAS, in accordance with Sections 2 . 04 and 8 . 04 of
22 the Amended Agreement, the City deems it appropriate to admit the
23 City of Highland ("Highland") as a New Member of the IVDA
24 pursuant to the terms and conditions set forth in that certain
25 Amendment No. 2 To Amended Joint Exercise Of Powers Agreement
26 (Inland Valley Development Agency) , a copy of which is attached
27
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1 hereto as Exhibit "A" and is incorporated herein by this
2 reference.
3
4 NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE
5 CITY OF SAN BERNARDINO, CALIFORNIA, DO HEREBY FIND, RESOLVE,
6 DETERMINE AND ORDER AS FOLLOWS :
7
8 SECTION 1 . The City hereby rescinds its Resolution
9 No . 96-98 .
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SECTION 2 . The City hereby approves Amendment No .
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2 in the form attached hereto as Exhibit "A", and incorporated
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herein by this reference .
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO RESCINDING RESOLUTION NO. 96-98 AND APPROVING A
2 CERTAIN AMENDMENT NO. 2 TO AMENDED JOINT EXERCISE OF POWERS
AGREEMENT (INLAND VALLEY DEVELOPMENT AGENCY)
3
4 SECTION 3 . The findings and determinations herein
5 shall be final and conclusive . This Resolution shall become
6 effective immediately upon its adoption.
7
8 I HEREBY CERTIFY that the foregoing Resolution was duly
9 adopted by the Mayor and Common Council of the City of
10 San Bernardino at a meeting
11 thereof, held on the day of
12 1996, by the following vote, to wit :
13 Council Members : AYES NAYS ABSTAIN ABSENT
14 NEGRETE
CURLIN
15 ARIAS
OBERHELMAN
16 DEVLIN _
ANDERSON
17 MILLER
18
19
City Clerk
20
The foregoing resolution is hereby approved this
21
day of , 1996.
22
23
24 Mayor of the City of
San Bernardino
25 Approved as to form and legal content:
JAMES F. PENMAN
26 City Attorney
27
28 By:
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1 EXHIBIT "A"
2 AMENDMENT NO. 2 TO
AMENDED JOINT EXERCISE OF POWERS
3 AGREEMENT
4 (INLAND VALLEY DEVELOPMENT AGENCY)
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AMENDMENT NO. 2 TO AMENDED
JOINT EXERCISE OF POWERS AGREEMENT
(INLAND VALLEY DEVELOPMENT AGENCY)
THIS AMENDMENT NO. 2 ("Amendment No. 2") to that certain Amended
Joint Exercise of Powers Agreement which is dated for convenience as of February 12,
1990 ("Amended JPA"), is made and entered into this day of , 1996, by
and among the Cities of San Bernardino, Colton, Loma Linda and the County of San
Bernardino (collectively "Members"), and the City of Highland ("Highland" or "New
Member"). The Members and the New Member agree as follows:
1. Purpose of Amendment.
In accordance with Sections 2.04 and 8.04 of the Amended JPA, the
Members of the Inland Valley Development Agency ("Agency") deem it appropriate to
admit Highland as a New Member of the Agency upon the terms and conditions set forth
below. Except as specifically amended herein, the terms and conditions of the Amended
JPA and Amendment No. 1 to the Amended JPA, which became effective on April 13,
1992, remain in full force and effect, except as to the extent necessary to conform to the
amendments contained herein.
2. Terms.
The terms used herein, unless otherwise defined, shall have the same
meanings as in the Amended JPA and Amendment No. 1. References herein to "Section"
are to Sections of the Amended JPA, and references to "paragraph" are to paragraphs of
this Amendment No. 2.
3. Amendment to Section 2.04.
Upon approval of this Amendment No. 2 by the Members and Highland,
Section 2.04 is amended to add additional paragraphs to read as follows:
The membership of the Agency shall be expanded to include Highland as a
New Member. As a condition of membership, the City Council of Highland shall designate
an area of approximately 450 acres to be included within a survey area of the Agency, and
such area shall be considered for inclusion by the Agency within the Project Area. Upon
the adoption of the amendment to the Redevelopment Plan to add the Highland territory
to the Project Area, the Highland general fund portion of the property taxes shall be treated
in the same manner as are the other city Members of the Agency (i.e., fifty percent (50%)
of the Highland general fund taxes paid upon the incremental assessed value to Highland
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as proceeds of taxes and the remaining fifty percent (50%) of such taxes shall be paid to
the Agency as tax increment revenues).
As a condition of membership of Highland in the Agency, Highland agrees
not to exercise any rights or remedies granted to Highland pursuant to the Members'
Settlement Agreement by and among the Members, the City of Redlands ("Redlands"),
Highland and the East Valley Association ("EVA"), and the Agency Settlement Agreement
by and among the Agency, Redlands, Highland and the EVA, entered into on or about
May, 1992 in settlement of San Bernardino Superior Court Case Nos. 255222 and 256889
(which were consolidated and transferred to the Orange County Superior Court as Case
No. 680255), so as to impose no additional restrictions upon the Agency, the
San Bernardino International Airport Authority and the Members than is presently required
or may be required in the future pursuant to applicable State and Federal Law for the
development of the Project Area, the former Norton Air Force Base and the adjacent areas.
4. Amendment to Section 2.09.
Upon approval of the Amendment by the Members and Highland, the first
paragraph and the first sentence of the second paragraph of Section 2.09 are amended
to read as follows:
The number of votes for each public entity which is included within the then
current membership of the Agency as either a Member or a New Member shall be as
follows:
Votes
City of San Bernardino 2
County of San Bernardino 1
City of Colton 1
City of Loma Linda 1
City of Highland 1
Each Member with one (1) vote shall have one (1) Board Member with one
(1) vote each and the Member with two (2) votes shall have two (2) Board Members with
one (1) vote each, provided that the Mayor of the City San Bernardino must be appointed
to one (1) seat on the Board and one (1) councilmember from the City of San Bernardino
shall be appointed to the other one (1) remaining seat on the Board. Each Member other
than the City of San Bernardino shall only appoint elected officials to serve as primary or
alternative representatives who are elected officials serving as a member of the legislative
body of each Member either as a council member, mayor or an elected supervisor of the
County. The same individuals who are appointed by their respective legislative bodies to
serve on the Board as either a primary or alternate representative shall also be appointed
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to serve in the same capacity on the Board of the San Bernardino International Airport
Authority, if that legislative body is a Member of both.
5. Amendment to Section 2.10.
Upon approval of this Amendment No. 2 by the Members and Highland,
Section 2.10 is amended to add an additional paragraph to read as follows:
There shall be six(6) seats on the Board with a majority being four (4) votes
for all actions of the Agency unless a greater number of votes is required by law for an
action to be taken by the Agency, and the quorum requirement of the Agency shall require
that three (3) entities are represented at the meeting and at least four (4) Board Members
being present.
6. Authorization to Prepare Composite greement.
The appropriate personnel on behalf of the Agency are hereby authorized
and directed to prepare a composite of the Amended JPA indicating the changes that will
take effect as a result of this Amendment No. 2.
7. Effective Dates.
This Amendment No. 2 shall become effective as to the Members and
Highland upon approval by the legislative bodies of each Member and Highland. Prior to
the effective dates of this Amendment No. 2, the Amended JPA as amended by
Amendment No. 1 shall continue in full force and effect.
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IN WITNESS WHEREOF, the parties hereto have caused this Amendment
No. 2 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.
CITY OF SAN BERNARDINO, CALIFORNIA
By:
Title:
(SEAL)
ATTEST:
City Clerk
Approved as to Form:
City Attorney
CITY OF COLTON, CALIFORNIA
By:
Title:
(SEAL)
ATTEST:
City Clerk
Approved as to Form:
City Attorney
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CITY OF LOMA LINDA, CALIFORNIA
By:
Title:
(SEAL)
ATTEST:
City Clerk
Approved as to Form:
City Attorney
COUNTY OF SAN BERNARDINO
By:
Title:
(SEAL)
ATTEST:
Clerk of the Board of Supervisors
Approved as to Form:
County Counsel
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0
CITY OF HIGHLAND, CALIFORNIA
By:
Title:
(SEAL)
ATTEST:
City Clerk
Approved as to Form:
City Attomey
CSBOMooBJOOC."
8/26M 1:45«N
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1 RESOLUTION NO. 96-
2
3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO, CALIFORNIA APPROVING A
4 CERTAIN AMENDMENT NO. 2 TO JOINT EXERCISE OF
5 POWERS AGREEMENT CREATING AN AGENCY TO BE KNOWN
AS THE SAN BERNARDINO REGIONAL AIRPORT AUTHORITY
6
7 WHEREAS, the City of San Bernardino, California
8 ( "City") is a charter city and a municipal corporation duly
9 organized and existing under the Constitution and Laws of the
10 State of California; and
11
12 WHEREAS, the San Bernardino International Airport
13 Authority ( "SBIAA") is a joint powers authority organized and
14 existing pursuant to Government Code Section 6500, at. sea. ; and
15
16 WHEREAS, the SBIAA was established pursuant to that
17 certain Joint Exercise of Powers Agreement ( "JPA" ) dated for
18 convenience as of May 12, 1992, entered into by the City, the
19 County of San Bernardino, and the Cities of Colton, Highland,
20
Loma Linda and Redlands (collectively "Parties") ; and
21
22
23 WHEREAS, the SBIAA was created for the specific purpose
24 of facilitating the conversion and reuse of the Norton Air Force
25 Base ("NAFB" ) aviation facilities from military to civilian
26 purposes, and to mitigate the impacts on the community from the
27 loss of jobs and income from the closure of NAFB; and
28
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2
1 WHEREAS, on or about August 10, 1992, the Parties
2 approved and adopted a certain Amendment No . 1 to the JPA; and
3
4 WHEREAS, Section 12 (a) of the JPA
provides that the JPA
5 may be amended by unanimous consent of the Parties for any lawful
6 purpose; and
7
8 WHEREAS, the City of Redlands has recently advised the
9 Parties that it desires to withdraw from the membership of the
10
SBIAA; and
11
12
13 WHEREAS, in accordance with Section 12 (a) of the JPA,
the City deems it appropriate to amend the JPA to delete Redlands
14 i
15 from the membership of the SBIAA and to reallocate the voting
16 structure of the SBIAA among the remaining Parties, pursuant to
17 the terms and conditions set forth in that certain Amendment No .
18 2 to Joint Exercise of Powers Agreement Creating An Agency To Be
19 Known As The San Bernardino Regional Airport Authority
20 ("Amendment No. 2") , a copy of which is attached hereto as
21 Exhibit "A" and incorporated herein by reference.
22
23 NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE
24 CITY OF SAN BERNARDINO, CALIFORNIA, DO HEREBY FIND, RESOLVE,
25 DETERMINE AND ORDER AS FOLLOWS :
26
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1 SECTION 1 . The City hereby approves Amendment No. 2
2 in the form attached hereto as Exhibit "A", and incorporated
3 herein by this reference .
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j RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA APPROVING A CERTAIN AMENDMENT NO. 2 TO
2 JOINT EXERCISE OF POWERS AGREEMENT CREATING AN AGENCY TO BE KNOWN
AS THE SAN BERNARDINO REGIONAL AIRPORT AUTHORITY
3
4 SECTION 2 . The findings and determinations herein
5 shall be final and conclusive. This Resolution shall take effect
6 immediately upon its adoption.
7 I HEREBY CERTIFY that the foregoing Resolution was duly
8 adopted by the Mayor and Common Council of the City of
9 San Bernardino at a meeting
10 thereof, held on the day of
11 1996, by the following vote, to wit:
12 Council Members : AYES NAYS ABSTAIN ABSENT
13 NEGRETE
CURLIN -
14 ARIAS
OBERHELMAN --
15 DEVLIN --
ANDERSON -- +-
16 MILLER
17
18 City Clerk
19 The foregoing resolution is hereby approved this
20 day of , 1996.
21
22
23 Mayor of the City of
San Bernardino
24
Approved as to form and legal content:
25 JAMES F. PENMAN
City Attorney
26
By:
27 _
SBIA/0001/DOC/215
28 8/27/96 4:15 ew
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j EXHIBIT "A"
2 AMENDMENT NO. 2 TO JOINT EXERCISE OF
POWERS AGREEMENT CREATING AN AGENCY
3 TO BE KNOWN AS THE
SAN BERNARDINO REGIONAL AIRPORT AUTHORITY
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AMENDMENT NO. 2 TO
JOINT EXERCISE OF POWERS AGREEMENT
CREATING AN AGENCY TO BE KNOWN AS THE
SAN BERNARDINO REGIONAL AIRPORT AUTHORITY
THIS AMENDMENT NO. 2 ("Amendment No. 2") to that certain Joint
Exercise of Powers Agreement Creating An Agency To Be Known As The San Bernardino
Regional Airport Authority which is dated for convenience as of May 12, 1992 ("JPA"), is
made and entered into this day of , 1996, by and among the Cities of San
Bernardino, Colton, Loma Linda, Highland, Redlands and the County of San Bernardino
(collectively "Parties"). The Parties agree as follows:
1. Purpose of Amendment.
The Parties acknowledge the receipt of the request of the City of Redlands
('Redlands") to withdraw from the membership of the San Bernardino International Airport-
Authority ("Authority") pursuant to a letter dated April 18, 1996, and in accordance with
previous official action as taken by Redlands to withdraw from the membership of the
Authority. The remaining parties to the JPA deem it desirable to further amend the JPA
to delete Redlands from the membership of the Authority and to reallocate the voting
structure of the Authority among the remaining Parties. Except as specifically amended
herein, the terms and conditions of the JPA and Amendment No. 1 to the JPA, which is
dated for convenience as of August 10, 1992 ("Amendment No. 1"), remain in full force and
effect, except as to the extent necessary to conform to the amendments contained herein.
2. Terms.
The terms used herein, unless otherwise defined, shall have the same
meanings as in the JPA and Amendment No. 1. References herein to "Section" and
"paragraph" are to Sections and paragraphs of the JPA.
3. Amendment to Section 2.13.(1).
Upon approval of this Amendment No. 2 by the Members, the first sentence
of Section 2.6.(1) is amended to read as follows:
The Authority shall be governed by a Commission composed of six (6)
individual members, each serving in their individual capacity as a Member of the
Commission.
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4. Amendments to Section 2 B (21.
Upon approval of this Amendment No. 2 by the Parties, the first sentence of
Section 2.B.(2) is amended to read as follows:
The Commission shall consist of two (2) elected officials from the City of San
Bernardino and one (1) elected official from each of the County of San Bernardino and the
Cities of Colton, Highland and Loma Linda.
Upon approval of this Amendment No. 2 by the Parties, a second paragraph
is added to Section 2.B(2) to read as follows:
Each Party with one (1) vote shall have one (1) Member with one (1) vote
each, and the Party with two (2) votes shall have two (2) Members with one (1) vote each,
provided that the Mayor of the City San Bernardino shall be appointed to one (1) seat on
the Commission and one (1) councilmember from the City of San Bernardino shall be
appointed to the other one (1) remaining seat on the Commission. Each Party other than
the City of San Bernardino shall only appoint elected officials to serve as primary or
alternate representatives who are elected officials serving as a member of the legislative
body of each Party either as a council member, mayor or an elected supervisor of the
County. The same individuals who are appointed by their respective legislative bodies to
serve on the Commission as either a primary or alternate representative shall also be
appointed to serve in the same capacity on the Board of the Inland Valley Development
Agency, if that legislative body is a Member of both.
5. Amendment to Section 2.C.(4).
Upon approval of this Amendment No. 2 by the Parties, the first sentence of
Section 2.C.(4) is amended to read as follows:
Except under the circumstances provided in Section 11 hereof, a quorum
shall be deemed to be constituted at a Commission meeting for conducting business of the
Commission when four(4) Members are present who under California law are legally able
to participate in such meeting and who represent at least three (3) Parties.
6. Authorization to Prepare COMDOSite Agreement.
The appropriate personnel on behalf of the Authority are hereby authorized
and directed to prepare a composite of the Amended JPA indicating the changes that will
take effect as a result of this Amendment No. 2.
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7. Effective Dates.
This Amendment No. 2 shall become effective as to the Parties upon
approval by the legislative bodies of each Party. Prior to the effective date of this
Amendment No. 2, the JPA as amended by Amendment No. 1 shall continue in full force
and effect.
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IN WITNESS WHEREOF, the Parties hereto have caused this Amendment
No. 2 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.
CITY OF SAN BERNARDINO, CALIFORNIA
By:
Title:
(SEAL)
ATTEST:
City Clerk
Approved as to Form:
City Attorney
CITY OF COLTON, CALIFORNIA
By:
Title:
(SEAL)
ATTEST:
City Clerk
Approved as to Form:
City Attorney
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e
CITY OF LOMA LINDA, CALIFORNIA
By:
Title:
(SEAL)
ATTEST:
City Clerk
Approved as to Form:
City Attorney
COUNTY OF SAN BERNARDINO
By:
Title:
(SEAL)
ATTEST:
Clerk of the Board of Supervisors
Approved as to Form:
County Counsel
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p
CITY OF HIGHLAND, CALIFORNIA
By:
Title:
(SEAL)
ATTEST:
City Clerk
Approved as to Form:
City Attorney
CITY OF REDLANDS, CALIFORNIA
By:
Title:
(SEAL)
ATTEST:
City Clerk
Approved as to Form:
City Attorney
SBLA/ l/DOC/zsz
8/26M 11:50 .w
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