Andrews

This is an action by which appellant seeks a writ of mandamus to compel the mayor and Common Council of the City of San Bernardino (hereinafter referred to as Council) to set aside Resolution Number 2361 adopted June 23, 1952, declaring a need for a redevelopment agency and also seeking to compel said Council to set aside and vacate Ordinance Number 2217 which approved the tentative plan for redevelopment of Meadowbrook Project Area Number 1, which ordinance was adopted March 31, 1958. The petition for mandamus was filed April 15, 1958. A demurrer was sustained without leave to amend and plaintiff appeals from the judgment entered pursuant to such order.

The petition shows that the city of San Bernardino is governed under a charter adopted pursuant to sections 8 and 8% of article XI of the California Constitution. Under such charter the governing body is the Council. On November 7, 1950, the Council, by Ordinance Number 1896, caused to be submitted to a vote of the electors of the city the following question:

The majority vote on this question was “No.” On January 19, 1951, the Council directed the mayor to write a letter cancelling the contract for urban redevelopment. About a…