HomeMy WebLinkAbout26- City Attorney CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: James F. Penman, City Attorney Subject: Resolution...Approving Amendment No. 2 to
Dept: Amended Joint Exercise of Powers Agreement
City Attorney (IVDA)
Date: RGIN 1 3 1996
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.
Signature
Contact Person: Phone:
Dennis Bar!ow
Supporting Data Attached: Ward:
FUNDING REQUIREMENTS: Amount:
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
h/ 8 9 9G
Agenda Item No. �6
I RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO RESCINDING RESOLUTION NO. 96-98 AND APPROVING A
3 CERTAIN AMENDMENT NO. 2 TO THE AMENDED JOINT EXERCISE OF POWERS
AGREEMENT (INLAND VALLEY DEVELOPMENT AGENCY)
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WHEREAS, the City of San Bernardino, California ("City") is a charter city and a
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municipal corporation duly organized and existing under the Constitution and Laws of the State
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of California; and
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WHEREAS, the Inland Valley Development Agency ("IVDA") was established by the
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legislative bodies of the City, the County of San Bernardino, the City of Colton, and the City of
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Loma Linda ("Members"); and
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WHEREAS, on January 24, 1990, a certain Joint Exercise of Powers Agreement
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("Agreement") became effective in which the purposes and powers of the IVDA are set forth in
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connection with the adoption of a redevelopment plan and the acquisition of certain areas within
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Norton Air Force Base ("NAFB") if and when available for acquisition; and
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WHEREAS, on February 12, 1990, and February 13, 1990, the Members approved and
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authorized the execution of a certain Amended Joint Exercise of Powers Agreement ("Amended
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Agreement") which amended and superseded the Agreement; and
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WHEREAS, on July 18, 1990, the Members approved and adopted the Redevelopment
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Plan("Redevelopment Plan") for the Inland Valley Redevelopment Project Area ("Project Area");
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and
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WHEREAS, the Members approved and authorized the execution of a certain Amendment
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No. 1 to the Amended Agreement, which became effective on April 13, 1992; and
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WHEREAS, pursuant to Government Code Section 6502 and Sections 4.01 and 4.03 of
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the Amended Agreement, the IVDA may exercise the powers common to each of its Members
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which are necessary to accomplish the purposes of the Amended Agreement, subject to the
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restrictions upon the exercise of such powers that are imposed upon the City; and
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WHEREAS, Section 2.04 of the Amended Agreement provides inter alia that the
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28 DAB:tbm [IVDAI.Res] 1 July 25, 1996
I RESOLUTION . . . RESCINDING RESOLUTION NO. 96-98 AND APPROVING A
CERTAIN AMENDMENT NO. 2 TO THE AMENDED JOINT EXERCISE OF
2 POWERS AGREEMENT (INLAND VALLEY DEVELOPMENT AGENCY)
3 membership of the IVDA may be expanded to admit a New Member after the final adoption of
4 the Redevelopment Plan by processing an amendment to the Redevelopment Plan pursuant to
5 Health and Safety Code Section 33450, et seq., to include the territory of any proposed New
6 Member, and upon the unanimous vote of the Board Members and the adoption and approval of
7 each Member of an amendment to the Amended Agreement in accordance with Section 8.04
8 thereof; and
9 WHEREAS, Section 8.04 of the Amended Agreement provides inter alia that the Amended
10 Agreement may be amended by supplemental agreements approved by official action of the
11 Members' legislative bodies, and executed by all of the Members who are parties to the Amended
12 Agreement, for the purpose of adding New Members; and
13 WHEREAS, on April 15, 1996, the City adopted its Resolution No. 96-98 approving a
14 certain Amendment No. 2 to the Amended Joint Exercise of Powers Agreement (Inland Valley
15 Development Agency), which resolution noted that the City's approval of the Amendment was
16 rescinded if the execution of the Amendment was not complete within sixty (60) days; and
17 WHEREAS, the other Members of the IVDA did not execute Amendment No. 2 within
18 sixty (60) days of the passage of Resolution No. 96-98; and
19 WHEREAS, the,IVDA has now proposed a revised Amendment No. 2; and
20 WHEREAS, the City is informed that the other Members have or in the immediate future
21 will execute Amendment No. 2; and
22 WHEREAS:, in accordance with sections 2.04 and 8.04 of the Amended Agreement, the
23 City deems it app>opriate to admit the City of Highland ("Highland") as a New Member of the
24 IVDA pursuant to the terms and conditions set forth in that certain Amendment No. 2 to Amended
25 Joint Exercise of Powers Agreement (Inland Valley Development Agency), a copy of which is
26 attached hereto as Exhibit "A" and is incorporated herein by this reference.
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28 DAB:tbm [IVDA1.Res] 2 July 25, 1996
I RESOLUTION . . . RESCINDING RESOLUTION NO. 96-98 AND APPROVING A
CERTAIN AMENDMENT NO. 2 TO THE AMENDED JOINT EXERCISE OF
2 POWERS AGREEMENT (INLAND VALLEY DEVELOPMENT AGENCY)
3 NOW, THEREFORE, THE MAYOR AND COMMON'COUNCIL OF THE CITY OF
4 SAN BERNARDINO, CALIFORNIA DO HEREBY FIND, RESOLVE, DETERMINE AND
5 ORDER AS FOLLOWS:
6 SECTION 1. The City hereby rescinds its Resolution No. 96-98.
7 SECTION 2. The Mayor is hereby authorized and directed to approve a certain
8 Amendment No 2 to Amended Joint exercise of Powers Agreement (Inland Valley Development
9 Agency) as attached hereto as Exhibit "A"
10 SECTION 3. The authorization to execute the above-referenced Amendment is
11 rescinded if the parties to the Amendment fail to execute it within sixty (60) days of the passage
12 of this Resolution.
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28 DAB:tbm [1VDAl.Res] 3 July 25, 1996
1 RESOLUTION . . . RESCINDING RESOLUTION NO. 96-98 AND APPROVING A
CERTAIN AMENDMENT NO. 2 TO THE AMENDED JOINT EXERCISE OF
2 POWERS AGREEMENT (INLAND VALLEY DEVELOPMENT AGENCY)
3 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
4 Common Council of the City of San Bernardino at a _meeting thereof, held on the
5 day of, 1996, by the following vote, to wit:
6 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
7 NEGRETE
8 CURLIN
9 ARIAS
10 OBERHELMAN
11 DEVLIN
12 ANDERSON
13 MILLER
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CITY CLERK
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17 The foregoing Resolution is hereby approved this day of ,
18 1996.
19
TOM MINOR, Mayor
20 City of San Bernardino
21 Approved as to form and
legal content:
22
JAMES F. PENMAN,
23 City Attorney
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71.
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28 DAB:tbm [IVDA1.Res] 4 July 25, 1996