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HomeMy WebLinkAboutMC-1182 Adopted: September 7, 2004 Effective: October 8, 2004 ORDINANCE NO. MC-l182 2 ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ADOPTING THE 2004 AMENDED AND RESTATED REDEVELOPMENT PLAN FOR THE CENTRAL CITY NORTH REDEVELOPMENT PROJECT 3 4 5 6 WHEREAS, the City of San Bernardino ("City") is a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California; and 7 8 9 WHEREAS, the Redevelopment Agency of the City of San Bernardino ("Agency") is a public body, corporate and politic, organized and existing under the California Community Redevelopment Law (the "CRL"). The CRL is found at Health and Safety Code Section 33000 et seq.; and 10 11 12 13 WHEREAS, the Community Development Commission of the City of San Bernardino (the "Commission") is the governing board of the Agency; and 14 15 WHEREAS, the Mayor and Common Council of the City ("Common Council"), by adoption of Ordinance No. 3366 on August 6, 1973, approved and adopted the Redevelopment Plan for the Central City North Redevelopment Project; and 16 17 18 WHEREAS, the Common Council has subsequently adopted amendments to the Redevelopment Plan for the Central City North Redevelopment Project as follows: 19 20 21 (i) Common Council Ordinance No. MC-56l on December 8,1986; 22 (ii) Common Council Ordinance No. MC-7l9 on April 2, 1990; 23 (iii) Common Council Ordinance No. MC-920 on December 19, 1994; and 24 (iv) Common Council Ordinance No. MC-1154. 25 26 WHEREAS, the Common Council has initiated proceedings for the adoption of a further amendment to the Redevelopment Plan to reinstate the Agency's power to acquire land in the redevelopment project area of the Central City North Redevelopment Project (the "Project Area") by eminent domain and to make certain other technical amendments to the 27 28 4849-6983-1424.2 -1- P:\Agendas\Resolutions\Resolutions\2004\04-08-16 CCN Ordinance 2004 Amendment.doc MC-1182 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Redevelopment Plan, including the rescission of the special development regulations contained in the Redevelopment Plan affecting lands in the Project Area so that all new development in the Project Area must conform to the applicable provisions of the City's current General Plan and current zoning and development regulations, and updating certain other provisions of the Redevelopment Plan as relating to the relocation of persons and businesses who may be displaced from the Project Area and updating the provisions relating to affordable housing in accordance with current provisions of the CRL; and WHEREAS, the Common Council and the Community Development Commission of the City of San Bernardino (the "Commission"), which serves as the governing board of the Agency, have called upon the owners of property, residents, business operators and neighborhood organizations in the Project Area to form a Project Area Committee for the purpose of having consultations concerning the proposed reinstatement of the Agency's power of eminent domain and the other technical amendments and restatements of the Redevelopment Plan (the "2004 Amended and Restated Redevelopment Plan") and the potential of the Agency's exercise of the reinstated power of eminent domain to displace low- and moderate-income residents through the exercise of eminent domain on residential properties within the Project Area; and 21 22 23 24 25 26 27 28 WHEREAS, the 2004 Amended and Restated Redevelopment Plan does not propose to modify the boundaries of the Project Area or change any of the financial provisions of the Redevelopment Plan. The 2004 Amended and Restated Redevelopment Plan is focused solely on: (i) the reinstatement of the Agency's eminent domain authority with respect to all property in the Project Area to a new date of August 6, 2013 following the adoption of the ordinance of the Common Council adopting the 2004 Amended and Restated Redevelopment Plan; (ii) the rescission of the special land development regulations contained in the Redevelopment Plan affecting lands in the Project Area so that all new development in the Project Area must conform to the applicable provisions of the current City General Plan and current zoning and development regulations; and (iii) updating certain other provisions of the Redevelopment Plan as relate to the relocation of persons and businesses who may be displaced from the Project Area 4849-6983.1424.2 -2- P:\Agendas\Resolutions\Resolutions\2004\04-08-16 CCN Ordinance 2004 Amendment.doc MC-1182 2 and updating certain provisions of the Redevelopment Plan relating to affordable housing in accordance with current provisions of the CRL; and 3 WHEREAS, the Common Council consented to hold a joint public hearing with the Commission with respect to the 2004 Amended and Restated Redevelopment Plan, at which public hearing any and all persons having any objection to the 2004 Amended and Restated Redevelopment Plan or the Final Program Environmental Impact Report described below, or the regularity of any prior proceedings concerning the 2004 Amended and Restated Redevelopment Plan, would be allowed to appear before the Commission and the Common Council and show cause why the 2004 Amended and Restated Redevelopment Plan should not be adopted; and 4 5 6 7 8 9 10 WHEREAS, the joint public hearing of the Commission and the Common Council was duly held on July 19, 2004 regarding the certification of the Final Program Environmental Impact Report and the 2004 Amended and Restated Redevelopment Plan; and 11 12 13 14 WHEREAS, a Final Program Environmental Impact Report has been prepared in connection with the consideration and approval of the 2004 Amended and Restated Redevelopment Plan, and the Common Council has adopted its resolution entitled: 15 16 17 "RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS, CERTIFYING A FINAL PROGRAM ENVIRONMENTAL IMPACT REPORT, ADOPTING THE MITIGATION MONITORING PLAN FOR THE REINSTATEMENT OF EMINENT DOMAIN POWERS IN THE REDEVELOPMENT PROJECT AREAS OF THE UPTOWN REDEVELOPMENT PROJECT AREA AND THE CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA, AND OTHER ENTITLEMENT ACTIONS, APPROVING CERTIFYING A TRANSPORTATION TRAFFIC IMPACT ANALYSIS REPORT, AND ADOPTING GENERAL PLAN AMENDMENT NO. 04-02"; and 18 19 20 21 22 23 24 WHEREAS, the Commission has adopted its resolution entitled: 25 "RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO MAKING FINDINGS REGARDING CONDITIONS OF BLIGHT IN THE REDEVELOPMENT PROJECT AREA OF THE CENTRAL CITY NORTH REDEVELOPMENT PROJECT, APPROVING THE SECTION 33352 REPORT TO THE MAYOR AND COMMON COUNCIL ON THE 2004 AMENDED AND RESTATED EMINENT DOMAIN AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE CENTRAL CITY NORTH REDEVELOPMENT -3- 26 27 28 4849-6983-1424.2 P:\Agendas\Resolutions\Resolutions\2004\04-08-16 CCN Ordinance 2004 Amendment.doc MC-H82 2 PROJECT AND APPROVING THE 2004 AMENDED AND RESTATED EMINENT DOMAIN AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE CENTRAL CITY NORTH REDEVELOPMENT PROJECT"; and 3 4 WHEREAS, all legal prerequisites to the passage of this Ordinance have occurred and been taken in accordance with applicable law. 5 6 NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: 7 8 SECTION 1. The facts set forth in the Recitals of this Ordinance are true and correct 9 10 and are hereby made part of the findings and determinations of the Common Council as relate to the approval of the 2004 Amended and Restated Redevelopment Plan. 11 12 SECTION 2. Conditions of blight still affect the Project Area. At the present time, the Agency may acquire land in the Project Area by purchase and other negotiated means, but the Agency's power to acquire land necessary for specific redevelopment project activities lapsed in 1998. In general, the purpose and intent of the Redevelopment Plan is not changed by the 2004 Amended and Restated Redevelopment Plan. The purpose and intent of the Common Council with respect to the 2004 Amended and Restated Redevelopment Plan is to eliminate and prevent the spread of blight in the Project Area. The reinstatement of the Agency's eminent domain authority with respect to all property in the Project Area until August 6, 2013 following the adoption of this Ordinance is necessary and appropriate to achieve this purpose and intent. The 2004 Amended and Restated Redevelopment Plan shall assist the Agency to achieve this goal of promoting the redevelopment of the Project Area and the general welfare of the inhabitants of the City, by enabling the Agency to assemble parcels which are necessary to support specific redevelopment activities to prevent and eliminate the spread of blight in the Project Area. Apart from the reinstatement of the power of eminent domain, the rescission of certain special development regulations in the Redevelopment Plan applicable to land in the Project Area and in the updating of certain other provisions of the Redevelopment Plan relating to relocation and affordable housing in accordance with current provisions of the CRL, the 2004 Amended and 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4849-6983-1424.2 -4- P:\Agendas\Resolutions\Resolutions\1004\04-08-16 CCN Ordinance 2004 Amendment.doc MC-1l82 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Restated Redevelopment Plan does not add territory to the Project Area or make any other revision to the Redevelopment Plan. SECTION 3. (a) The Common Council hereby acknowledges its receipt of the written report, dated July 2004, on the 2004 Amended and Restated Redevelopment Plan which has been prepared pursuant to CRL Section 33352 (the "Section 33352 Report"). As set forth in CRL Section 33457.1, the Section 33352 Report contains the information relating to the 2004 Amended and Restated Redevelopment Plan to the extent warranted by the proposed reinstatement of the power of eminent domain in the Project Area. The following subsections of the Section 33352 Report for the 2004 Amended and Restated Redevelopment Plan do not require further discussions or consideration as the proposed reinstatement of the Agency's redevelopment powers does not change the content or analysis of the matters covered under such subsections of the report which was prepared and considered by the Common Council under Section 33352 at the time when the Redevelopment Plan was originally adopted in 1973. The subsections of the Section 33352 Report relating to the 2004 Amended and Restated Redevelopment Plan where substantive analysis is not required at this time are identified as 16 follows: 17 18 19 20 21 22 23 24 25 26 27 Section 33352( c) Section 33352(d) the Five Year Implementation Plan; why the elimination of blight cannot b accomplished by private party action alone; method of financing; the relocation plan; analysis of the preliminary plan; report and recommendation of the Plannin Commission; Section 33352(e) Section 33352(f) Section 33352(g) Section 33352(h) 28 report of the County fiscal officer; and summary of Agency consultations with affecte taxing agencies. The reinstatement of the Agency's power of eminent domain does not require further analysis at this time under any of the foregoing subsections. Section 33352(1) Section 33352(n) 4849-6983-1424.2 -5- P:\Agendas\Resolutions\Resolutions\2004\04-08-16 CCN Ordinance 2004 Amendment.doc MC-1182 2 3 The Common Council further acknowledges its receipt of the other written reports, exhibits and information presented by City and Agency staff and consultants at the joint public hearing which was conducted prior to the adoption of this Ordinance, together with all written and oral testimony and statements presented by interested persons prior to the close of such joint public hearing. 4 5 6 (b) The Common Council hereby finds and determines that the joint public hearing conducted with respect to the 2004 Amended and Restated Redevelopment Plan was full and 7 8 fair. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 4. The Common Council hereby finds and determines that: a. The Common Council has previously found and determined in Ordinance No. 3366, that the Project Area is a blighted area, the redevelopment of which i necessary to effectuate the public purposes declared in the CRL. For the reason set forth in the Section 33352 Report, the Common Council hereby further find and determines in connection with its consideration of the 2004 Amended an Restated Redevelopment Plan, that such findings and determinations originally se forth in Ordinance No. 3366 continue to be valid. Conditions of blight in th Project Area as originally observed at the time of adoption of the Redevelopmen Plan remain in existence, which blighting conditions as observed in 2004 includ depreciated and/or stagnant property values or impaired investments (3335 Report pages [B-3 to B-4], deteriorated and dilapidated buildings (33352 Repo pages [B-4 to B-12]), substandard design that prevents or substantially hinder economically viable use or capacity of the buildings or lots (33352 Report page [B-13 to B-15]) mixed and incompatible commercial, industrial and residentia uses (33352 Report pages [B-12 to B-13]), lots of irregular form and size creatin a hindrance to future development (33352 Report pages [B-13 to B-14]) prevalence of absentee owners having detrimental effects on building condition and their maintenance (33352 Report page [B-14]), prevalence of building an zoning code violations (33352 Report pages [B-15 to B-17]), high levels 0 serious criminal offenses in the Project Area (33352 Report pages [B-18 to B 4849-6983-1424.2 -6- P:\Agendas\Resolutions\Resolutions\2004\04-o8~16 CeN Ordinance 2004 Amendment.doc MC-1182 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4849-6983-1424.2 20]), and economic factors constituting blight including unusually high rente ratios, a low median income, abnormally high business vacancies, declining sale tax revenues and declining statistics regarding the numbers of retail and renta sales licenses issued (33352 Report pages [B-2l to B24]). In 2004 the Projec Area displays symptoms of both "physical and economic blight" as these term are defined in CRL Section 33031. b. The reinstatement of the power of eminent domain in the Project Area will assist with the redevelopment ofthe Project Area in conformity with the CRL and is in the interests ofthe public peace, health, safety, and welfare. The adoption and carrying out of the 2004 Amended and Restated Redevelopment Plan remains economically sound and feasible for the same reasons as indicated at the time when the Redevelopment Plan was adopted. The 2004 Amended and Restated Redevelopment Plan will not change the original findings of the Common Council that the Redevelopment Plan is consistent with and conforms to the General Plan of the City including, but not limited to, the Housing Element of the General Plan, and the 2004 Amended and Restated Redevelopment Plan rescinds the special land development standards contained in the Redevelopment Plan in order to clarify that all new development in the Project Area must conform to the current City General Plan and current City zoning and development standards. The adoption and carrying out of the 2004 Amended and Restated Redevelopment Plan will promote the public peace, health, safety, and welfare of the City and would effectuate the purposes and policies of the CRL and in particular will assist the Agency to elimination and prevent the spread of blight on lands which the Agency may not otherwise be able to acquire by negotiated purchase or cause to be abated by other means. The power to acquire real property by condemnation upon the reinstatement of the Agency's power of eminent domain, as provided for in the 2004 Amended c. d. e. f. P:\Agendas\Resolutions\Resolutions\2004\04-08-16 CCN Ordinance 2004 Amendment.doc -7- MC-1182 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4849-6983-1424.2 g. and Restated Redevelopment Plan, is necessary to the execution of the Redevelopment Plan, and adequate provisions have been made for payment for property to be acquired, if any, as provided by law. The Agency has adopted the relocation rules and regulations of the State of California and therefore has a feasible method for the relocation of families and persons displaced from the Project Area, if the implementation of the 2004 Amended and Restated Redevelopment Plan should result in the temporary or permanent displacement of any occupants of housing facilities in the Project Area. The Common Council hereby finds and declares that in the event that any person is displaced from the Project Area as the result of the Agency's acquisition of property, whether by exercise of the power of eminent domain or otherwise, that there shall be provided in the Project Area or in other areas not generally less desirable in regard to public utilities and public and commercial facilities and at rents or prices within the financial means of such persons and families displaced from the Project Area, decent, safe and sanitary dwellings equal in number to the number of and availability to the displaced families and persons and reasonably accessible to their places of employment. The Common Council hereby finds and declares that in the event the Agency may acquire any property in the Proj ect Area by exercise of the power of eminent domain or otherwise, that the families and persons who reside on such property shall not be displaced by the Agency prior to the adoption of a relocation plan pursuant to CRL Sections 33411 and 33411.1. Dwelling units housing persons and families of low or moderate income shall not be removed or destroyed prior to the adoption of a replacement housing plan pursuant to CRL Sections 33334.5, 33341 and 33413.5. h. 1. J. The elimination of blight and the redevelopment of the Project Area in the absence of the 2004 Amended and Restated Redevelopment Plan is not P:\Agenrlas\Resolutions\Resolutions\2004\04-08-16 CCN Ordinance 2004 Amendment.doc -8- MC-1182 2 reasonably expected to be accomplished by private enterprise acting above without the aid and assistance available to the Agency under the 2004 Amended and Restated Redevelopment Plan in light of the fact that blight continues to exist in the Project Area on a broad and substantial scale, and private property owners acting alone often cannot address conditions of blight on land which they own or can acquire without Agency assistance because such land, standing alone, is too small in size, too irregular in shape, too obsolete in present use or configuration or is too adversely affected by other blighting conditions which impair its value and limit investment of new capital and prevent its economic reuse and redevelopment, all as demonstrated in the Section 33352 Report. 3 4 5 6 7 8 9 10 11 k. The time limitation on commencement of eminent domain proceedings contained in the 2004 Amended and Restated Redevelopment Plan, is reasonably related to projects to be implemented in the Project Area and to the ability of the Agency to eliminate blight within the Project Area. The 2004 Amended and Restated Redevelopment Plan does not amend or affect any financial provisions or financial provision or other time limitations or amend or affect the limitation on the number of dollars to be allocated to the Agency that are contained in the Redevelopment Plan. 12 13 14 15 16 17 18 19 SECTION 5. The Common Council has adopted its Resolution entitled "A Resolution of the Mayor and Common Council of the City of San Bernardino Adopting Written Responses to Written and Oral Objections to the Amended and Restated Redevelopment Plan for the Central City North Redevelopment Project." The Common Council hereby approves and adopts each of the findings set forth in such Written Responses. The Common Council hereby overrules each and every written and oral objection to the adoption of the 2004 Amended and Restated Redevelopment Plan, as submitted to the Common Council prior to the close of the joint public hearing which preceded the adoption of this Ordinance. 20 21 22 23 24 25 26 27 28 The Common Council hereby finds and determines that in calendar year 2004, the Project Area is a predominantly urbanized area and displays a combination of conditions set forth in CRL Section 33031, and the Section 33352 Report, which remain and are today so 4849-6983-1424.2 -9- P:\Agendas\Resolutions\Resolutions\2004\04-08-16 CCN Ordinance 2004 Amendment.doc MC-1182 2 3 4 5 6 7 8 9 10 11 12 prevalent and so substantial that they cause a reduction of, and lack of, property utilization of the lands in the Project Area to such an extent that such conditions constitute a serious physical and economic burden on the community which cannot reasonably be expected to be reversed or alleviated by private enterprises or government action, or both, without redevelopment. SECTION 6. The Common Council hereby approves and adopts the Amended and Restated Redevelopment Plan in the form attached to this Ordinance as Exhibit "A" and incorporated herein by this reference. SECTION 7. The Common Council designates the text of the 2004 Amended and Restated Redevelopment Plan as referenced in Section 6 and as set forth in Exhibit "A" of this Ordinance (hereinafter, the "Amended Plan"), as the official redevelopment plan for the Central City North Redevelopment Project. SECTION 8. The Common Council hereby authorizes and provides for the City's 13 expenditure of money to implement the Amended Plan. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 9. The Agency is hereby vested with the responsibility for carrying out the Amended Plan in accordance with the provisions thereof and of applicable law. SECTION 10. The Common Council hereby declares its intention to undertake and complete any proceedings necessary to be carried out by the City under the provisions of the Amended Plan. SECTION 11. The City Clerk shall comply with the applicable procedures of the CRL with respect to the adoption of this Ordinance, including the transmission of a copy of this Ordinance to other public entities and the recordation of this Ordinance, or the recordation of a Notice of Amended Plan as authorized by the CRL. SECTION 12. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance, is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The Common Council hereby declares that it would have adopted this Ordinance and each, section subdivision, sentence, clause, phrase, or portion of this 4849-6983-1424.2 -10- P:\Agendas\Resolutions\Resolutions\2004\04"()8~16 CCN Ordinance 2004 Amendment.doc MC-1182 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinance, irrespective of the fact that one or more sections, subdivisions, sentences, clauses, phrases, or portions of this Ordinance be declared invalid or unconstitutional. SECTION 13. The City Clerk shall cause a certified copy of this Ordinance to be transmitted to the Agency. SECTION 14. The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be published in a newspaper of general circulation as required by law. 4849-6983-1424.2 -11- P:\Agendas\Resolutions\Resolutions\2004\04-08-16 CCN Ordinance 2004 Amendment.doc KC-1182 3 ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ADOPTING THE 2004 AMENDED AND RESTATED REDEVELOPMENT PLAN FOR THE CENTRAL CITY NORTH REDEVELOPMENT PROJECT 2 4 5 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and joint Common Council of the City of San Bernardino at a regular meeting thereof, held on the 7th day of September ,2004, by the following vote to wit: 6 7 Council Members: Ayes Nays Abstain Absent 8 ESTRADA --X- 9 LONGVILLE x 10 MCGINNIS X 11 DERRY X 12 KELLEY X 13 JOHNSON X 14 MC CAMMACK ~ 15 16 ~h~~ 17 Rae I G. Clark, City Clerk 22 Approved as to form and Legal Content: September ,2004. 18 The foregoing ordinance is hereby approved this 9th 19 20 21 23 By: 24 . y Attorney 25 26 27 28 4849-6983-14242 -12- P:\Agendas\Resolutions\Resolutions\2004\04-08-16 CCN Ordinance 2004 Amendment.doc MC-1182 EXHIBIT "A" 2 2004 Amended and Restated Redevelopment Plan for the Central City North Redevelopment Project 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4849-6983-1424.2 -13- P:\Agendas\Resolutions\Resolutions\2004\04-08-16 CCN Ordinance 2004 Amendment.doc MC-1l82 EXHIBIT "A" AMENDED AND RESTATED REDEVELOPMENT PLAN FOR THE CENTRAL CITY NORTH REDEVELOPMENT PROJECT SECTION A. (1) This is the Amended and Restated Redevelopment Plan for the Central City North Redevelopment Project (the "Plan"). The redevelopment project area for the Central City Redevelopment Project (the "Project Area") is located in the City of San Bernardino, County of San Bernardino, State of California. The Plan consists of the text of Section A through Section J and the following exhibits: Exhibit "A" Map of Project Area; Exhibit "B" Legal Description of Project Area; Exhibit "c" Statement of existing projects, programs and activities and existing obligations pursuant to Health and Safety Code Section 33334.6, including a copy of Commission Resolution No. 4830, dated December 23, 1985. A prior version of the Plan was originally adopted by Common Council Ordinance No. 3366, dated August 6, 1973. The Plan has been amended by the following ordinances of the Common Council: (i) Ordinance No. MC-561, dated December 8, 1986; (ii) Ordinance No. MC-719, dated April 2, 1990; (iii) Ordinance No. MC-nO, dated December 19, 1994; (iv) Ordinance No. MC-l154, dated December 1,2003; and (v) Ordinance No. MC-II?1-; dated Serf, 7 ,2004; No amendment to the Plan has added lands to the Project Area originally established under Common Council Ordinance No. 3366. The amendments to the Plan referenced under (i) and (ii) in the preceding paragraph were technical amendments mandated by State Law to add certain provisions or limitations of Agency powers under the Plan. The amendment to the Plan referenced under (iii) in the preceding paragraph adjusted the limit to the total amount of tax increment revenues to be allocated to the Agency under the Plan. The amendment to the Plan referenced under (iv) in the preceding paragraph authorize the Agency to incur indebtedness through the termination date of the Plan (e.g., August 6, 2013). The amendment to the Plan referenced under (v) in the preceding paragraph: (A) reinstated the eminent domain power of the Agency in the Project Area 4822-7013-6576.1 1 MC-1l82 through the termination date of the Plan (e.g., August 6, 2013); (B) deleted certain provisions of the Plan as originally adopted by Common Council Ordinance No. 3366 dealing with special development project design standards applicable solely within the Project Area, so that the land use, land development and building reuse and rehabilitation standards and regulations of the City shall be applicable to the Project Area without regard to the special development project design standards set forth in the Plan as originally adopted by Common Council Ordinance No. 3366; and (C) conformed the provisions of the Plan as originally adopted by Common Council Ordinance No. 3366 relating to replacement housing and housing opportunities for persons and households of low-and moderate-income, to the California Community Redevelopment Law in effect at the time of such amendment. This Plan has been prepared by the Community Development Commission of the City of San Bernardino ("Commission") pursuant to Health and Safety Code Section 33000, et sect. (the "Redevelopment Law") and all applicable laws and ordinances. It does not present a specific plan for the redevelopment, rehabilitation and revitalization of any area within the Project Area. Instead the Plan establishes a process and framework within which specific redevelopment improvement activities will be presented, priorities for specific activities will be established, and specific solutions will be proposed and by which tools are provided to the Commission to fashion, develop and proceed with such specific activities, projects and solutions. (2) The following definitions will be used generally in the context of this Plan unless otherwise specified herein: . "Agency" means and refers to the Redevelopment Agency of the City of San Bernardino. . "Commission" means the Community Development Commission of the City of San Bernardino. The Commission is the governing board oftheAgency. . "City" means the City of San Bernardino, California. . "Common Council" means the Common Council of the City, the legislative body of the Agency. . "Disposition and Development Agreement" means an agreement between a developer and the Agency that sets forth terms and conditions for improvement and redevelopment. . "General Plan" means the General Plan of the City as provided for in Section 65300 ofthe California Govemment Code. . "Map" means the Map of the Project Area attached hereto as Exhibit "A". 4822-7013-6576.1 2 MC-1l82 . "Method of Relocation" means the methods or plans adopted by the Commission pursuant to Section 33411 of the Redevelopment Law for the relocation of families, persons, businesses, and nonprofit local community institutions to be temporarily or permanently displaced by actions of the Commission. . "Owner Participation Agreement" means an agreement between the Agency and a property owner or tenant that sets forth terms and conditions for improvement and redevelopment. . "Owner Participation Rules" means the Rules Governing Participation and Reentry Preferences by Property Owners, Operators of Businesses, and Business Tenants for the Project Area. . "Person" means an individual(s), or any public or private entities. . "Plan" means the amended Redevelopment Plan for the Central City North Redevelopment Project. The list of amendments to the Plan is set forth in the first paragraph of Section A( I) of the Plan. . "Project Area" means the redevelopment project area as more particularly described in City Council Ordinance No. 3366 which originally established the territorial boundaries of the Project Area. The provisions of the Plan are applicable to the Project Area. . "Redevelopment Law" means the California Community Redevelopment Law (Health and Safety Code, Sections 33000, et sect.). . "State" means the State of California. SECTION B. PROJECT AREA BOUNDARIES The boundaries of the Proj ect Area are illustrated on the Map attached hereto and incorporated herein as Exhibit "A". The legal description of the boundaries of the Project Area is as described in Exhibit "B" attached hereto and incorporated herein. SECTION C. REDEVELOPMENT PLAN GOALS (1) Implementation of this Plan is intended to achieve the following goals: (i) Implement the policies, goals, objectives and strategies as presented III the General Plan for the City. (ii) Eliminate and prevent the spread of conditions of blight, including but not limited to: underutilized properties and deteriorating buildings, incompatible and uneconomic land uses, deficient infrastructure and facilities, obsolete structures, 4822-7013-6576.1 3 MC-1l82 parking deficiencies and other economic deficiencies, in order to create a more favorable environmental for commercial, office, and residential development. (iii) Provide opportunities for retail and other non-residential commercial and office uses. (iv) Promote the economic development of the Project Area by providing an attractive, well-serviced, well-protected environment for residents and visitors. (v) Improve public facilities and public infrastructure to provide adequate infrastructure facilities and public services. (vi) Promote local job opportunities in the community. (vii) Encourage the cooperation and participation of residents, businesses, business persons, public agencies, and community organizations in the economic revitalization of the Project Area. (viii) Implement design and use standards to assure high aesthetic and environmental quality, and provide unity and integrity to developments within the Project Area. (ix) Provide and regulate the provision of the supply of off-street motor vehicle parking to meeting the needs of both residents and commercial businesses. (x) Remove impediments to land disposition and development through the assembly of property into reasonably sized and shaped parcels served by improved infrastructure and public facilities. (xi) Recycle and/or develop underutilized parcels to eliminate blight and accommodate higher and better economic uses while enhancing the City's financial resources. (xii) Increase home ownership in the residential portion of the Project Area. (xiii) Increase, improve, and preserve the supply of housing. SECTION D. REDEVELOPMENT ACTIONS (1) The Agency proposes to eliminate and prevent the recurrence of blight and improve the economic base of the Project Area by: (i) Acquiring, installing, developing, constructing, reconstructing, redesigning, planning, replanning, or reusing streets, curbs, gutters, sidewalks, traffic control devices, utilities, flood control facilities and other public improvements and public facilities; 4822.7013-6576.1 4 MC-1l82 (ii) Rehabilitating, altering, remodeling, improving, modernizing, clearing, or reconstructing buildings, structures and improvements; (iii) Rehabilitating, preserving, developing or constructing affordable housing III compliance with State law; (iv) Providing the opportunity for business owners and business tenants presently located in the Project Area to participate in redevelopment projects affecting commercial use properties and programs, and extending preferences to business occupants to remain or relocate within the redeveloped Project Area; (v) Providing relocation assistance to displaced residential and nonresidential occupants, if necessary; (vi) Facilitating the development or redevelopment of land for purposes and uses consistent with this Plan; (vii) Acquiring real property by purchase, lease, gift, grant, request, devise or any other lawful means (including eminent domain), after the conduct of appropriate hearings; (viii) Combining parcels and properties where and when necessary; (ix) Preparing building sites and constructing necessary off-site improvements; (x) Providing assistance for first-time homebuyers, housing rehabilitation, and multiple-family rental property rehabilitation programs; (xi) Managing property owned or acquired by the Agency; (xii) Assisting in procuring financing for the construction of residential, commercial, and office buildings to increase the residential and commercial base ofthe Project Area, and the number of temporary and permanent jobs in the City; (xiii) Disposing of property including, without limitation, the lease or sale of land at a value determined by the Agency for reuse in accordance with this Plan; (xiv) Establishing controls, restrictions or covenants running with the land, so that property will continue to be used in accordance with this Plan; (xv) Vacating or abandoning streets, alleys, and other thoroughfares, as necessary, and dedicating other areas for public purposes consistent with the objectives of this Plan; (xvi) Providing replacement housing, if any is required; 4822.7013-6576.1 5 MC-1l82 (xvii) Applying for and utilizing grants, loans and any other assistance from federal or State governments, or other sources; (xviii) Taking actions the Agency determines are necessary and consistent with State, federal and local laws to make structural repairs to buildings or structures, including historical buildings, to meeting building code standards related to seismic safety. (ixx) Taking actions the Agency determines are necessary and consistent with State, federal and local laws to remedy or remove a release of hazardous substances on, under or from property within the Project Area or to remove hazardous waste from property. (xx) From time to time preparing and carrying out plans for the improvement, rehabilitation, and redevelopment of blighted areas, disseminating redevelopment information and creating a variety of economic development programs which will help build a stronger economic base within the Project Area. An Agency program may consist of assisting businesses with the following: advertising in brochures, promoting trade fairs, creating displays, developing videos, and any other appropriate media which will attract other businesses and consumers to the area. The Agency may also assist with job training programs, moving expenses, and providing other incentives to attract industrial type businesses to the area such as tax credits; (xxi) Assisting businesses in the Project Area with fayade improvements and general rehabilitation by providing loans and grants; (xxii) Cooperating with the City to accomplish any of the foregoing goals. To accomplish these actions and to implement this Plan, the Agency is authorized to use the powers provided in this Plan, and the powers now or hereafter permitted by the Redevelopment Law and any other State law. (2) The Agency may acquire real property, any interest in property, and any improvements on it by any means authorized by law including, without limitation, by gift, grant, exchange, purchase, cooperative negotiations, lease, option, bequest, devise or eminent domain. To the extent required by law, the Agency shall not acquire real property on which an existing building is to be continued on its present site and in its present form and use without the consent of the owner, unless: (1) such building requires structural alteration, improvement, modernization or rehabilitation; or (2) the site or lot on which the building is situated requires modification in size, shape or use; or (3) it is necessary to impose upon such property any of the standards, restrictions and controls of this Plan and the owner fails or refuses to participate in the Plan by executing an Owner Participation Agreement. 4822-7013-6576.1 6 MC-1l82 Except as otherwise provided herein, or otherwise provided by law, no eminent domain proceeding to acquire property within the Project Area shall be commenced after the termination date of this Plan. (3) Acquisition of Personal Property Where necessary in the implementation of this Plan, the Agency is authorized to acquire personal property in the Project Area by any lawful means. (4) Owner Participation This Plan provides for participation in the redevelopment of property in the Project Area by the owners of all or part of such property if the owners agree to participate in the redevelopment in conformity with this Plan. Opportunities to participate in the redevelopment of property in the Project Area may include without limitation the rehabilitation of property or structures; the retention of improvements; the development of all or a portion of the participant's property; the acquisition of adjacent or other properties from the Agency; purchasing or leasing properties in the Project Area; participating with developers in the improvement of all or a portion of a participant's properties; or other suitable means consistent with objectives and proposals of this Plan and with the Agency's rules governing owner participation and re-entry. In addition to opportunlttes for partIcIpation by individual persons and firms, participation, to the extent it is feasible, shall be available for two or more persons, firms or institutions, to join together in partnerships, corporations, or other joint entities. The Agency desires participation in redevelopment activities by as many owners and business tenants as possible. However, participation opportunities shall necessarily be subject to a number of factors, including but not limited to the expansion of public utilities or facilities; elimination and changing of land uses; realignment of streets; the ability of the Agency and/or owners and business tenants to finance acquisition and development activities in accordance with this Plan; and whether the proposed activities conform to and further the goals and objectives of this Plan. (5) Reentry Preferences for Persons Engaged in Business in the Project Area The Agency shall extend reasonable preferences to persons who are engaged in business in the Project Area to relocate and reenter in business in the redeveloped area, if they otherwise meet the requirements prescribed by this Plan and the Agency's Owner Participation Rules. (6) Owner Participation Agreements 4822-7013-6576.1 7 MC-1l82 Under an Owner participation Agreement, the participant shall agree to rehabilitate, develop, or use the property in conformance with this Plan and be subject to the provisions hereof. Pursuant to the Owner Participation Agreement, participants who retain real property shall be required to join in the recordation of such documents as are necessary to make the provisions ofthis Plan applicable to their properties. In the event a participant breaches the terms of an Owner Participation Agreement, the Agency may declare the Agreement terminated and may acquire the real property or any interest therein, and may sell or lease such real property or interest therein for rehabilitation or development in accordance with this Plan. If conflicts develop between the desires of participants for particular sites or land uses, the Agency is authorized to establish reasonable priorities and preferences among the owners and tenants. Where the Agency determines that a proposal for participation is not feasible, is not in the best interests of the Agency or City, or that redevelopment can best be accomplished without affording a participant an opportunity to execute an Owner Participation Agreement, the Agency shall not be required to execute such an agreement. (7) Implementing Rules The provisions of Section D(4) - (6) of this Plan shall be implemented according to the Owner Participation Rules adopted by the Agency. The Owner Participation Rules allow for Owner Participation Agreements with the Agency. The Owner Participation Rules may be amended from time to time as set forth therein by the Commission. (8) Cooperation with Public Bodies Certain public bodies are authorized by State law to aid and cooperate, with or without consideration, in the planning and implementation of activities authorized by this Plan. The Agency shall seek the aid and cooperation of such public bodies and shall attempt to coordinate the implementation of this Plan with the activities of such public bodies in order to accomplish the purposes of redevelopment and to achieve the highest public good. The Agency is authorized to acquire real property devoted to public use, but property of a public body shall not be acquired without its consent. The Agency shall seek the cooperation of all public bodies, which own or intend to acquire property in the Project Area. All plans for development of property in the Project Area by a public body shall be subject to Agency approvaL The Agency is authorized, to the extent permissible by law, to flllancially (and otherwise) assist public bodies in the cost of public land, buildings, facilities, structures or other improvements (within or outside the Project Area) where such land, buildings, facilities, structures, or other improvements are of benefit to the Project Area. 4822.7013-6576.1 8 MC-1l82 (9) Propertv Management During such time as property, if any, in the Project Area is owned by the Agency, such property shall be under the management and control of the Agency. Such properties may be rented or leased by the Agency pending their disposition. (10) Payments to Taxing Agencies The Agency may pay, but is not required to pay, in any year during which it owns property in the Project Area that is tax exempt, directly to any City, County or district, including, but not limited to, a school district, or other public corporation for whose benefit a tax would have been levied upon such property had it not been tax exempt, an amount of money in lieu of taxes that may not exceed the amount of money the public entity would have received if the property had not been tax exempt. (11) Relocation of Persons Displaced bv a Project In accordance with the provisions of the California Relocation Assistance Law (Government Code Section 7260, et seQ.), the guidelines adopted and promulgated by the California Department of Housing and Community. Development (the "Relocation Guidelines") and the specific method of relocation adopted by the Agency prior to the acquisition of any land for a project which displaces a significant number of persons, the Agency shall provide relocation benefits and assistance to all persons (including families, business concerns and others) displaced by Agency acquisition of property in the Project Area or as otherwise required by law. In order to carry out a redevelopment project with a minimum of hardship, the Agency will assist displaced households in finding decent, safe and sanitary housing within their financial means and otherwise suitable to their needs. The Agency shall make a reasonable effort to relocate displaced individuals, families, and commercial and professional establishments within the Project Area. The Agency is also authorized to provide relocation for displaced persons outside the Project Area. (12) Demolition and Clearance The Agency is authorized, for property acquired by the Agency or pursuant to an agreement with the owner of property, to demolish, clear or move buildings, structures, or other improvements from any real property as necessary to carry out the purposes of this Plan. (13) Public Improvements To the extent permitted by law, the Agency is authorized to install and construct or to cause to be installed and constructed the public improvements and public utilities (within or outside the Project Area) necessary to carry out the purposes of this Plan. Such public improvements include, but are not limited to: over and underpasses; bridges; streets; curbs; gutters; sidewalks; street lights; sewers; storm drains; traffic signals; electrical 4822-7013-6576.1 9 MC-1l82 distribution systems; natural gas distribution systems; cable TV systems; water distribution systems; parks; plazas; playgrounds; motor vehicle parking facilities; pedestrian improvements, or other improvements allowed by Redevelopment Law. All utility improvements will be completed pursuant to Chapters 12.40 and 12.44 of the San Bernardino Municipal Code. The Agency, as it deems necessary to carry out the Plan and subject to the consent of the Cornmon Council, may pay all or part of the value of the land for and the cost of the installation and construction of any building allowed by Redevelopment Law, facility structure or other improvement which is publicly owned either within or outside the Project Area, upon both the Agency and the Common Council making the applicable determinations required pursuant to the Redevelopment Law. When the value of such land or the cost of the installation and construction of such building, facility, structure or other improvement, or both, has been, or will be, paid or provided for initially by the City or other public corporation, the Agency may enter into a contract with the City or other public corporation under which it agrees to reimburse the City or other public corporation for all or part of the value of such land or all or part of the cost of such building, facility, structure or other improvements, or both, by periodic payments over a period of years. Any obligation of the Agency under such contract shall constitute an indebtedness of the Agency for the purposes of carrying out this Plan. (14) Preparation of Building Site The Agency may develop as a building site any real property owned or acquired by it. In connection with such development it may cause, provide, or undertake or make provisions with other agencies for the installation, or construction of streets, utilities, parks, playgrounds and other public improvements necessary for carrying out this Plan in the Project Area. (15) Removal of Hazardous Substances To the extent authorized under the Redevelopment Law, the Agency may take any actions that the Agency determines are necessary and which are consistent with other State and federal laws, to remedy or remove a release of hazardous substances on, under, or from property within the Project Area. For the purposes of this Section D(15) the words "hazardous substance" means and refers to any material or substance defined as a "hazardous substance" under Section 33459(c) of the Redevelopment Law. (16) Rehabilitation and Conservation The Agency is authorized to rehabilitate and conserve, or to cause to be rehabilitated and conserved, any property, building or structure in the Project Area owned by the Agency. The Agency is also authorized to advise, encourage, and assist (through a loan program or otherwise) in the rehabilitation and conservation of property, buildings or structures in the Project Area not owned by the Agency to the extent permitted by the Redevelopment 4822-7013-6576.1 10 MC-1l82 Law. The Agency is authorized to acquire, restore, rehabilitate, move and conserve buildings of historic or architectural significance. It is the purpose of this Plan to allow for the retention of as many existing businesses as practicable and to enhance the economic life of these businesses by a program of voluntary participation in their conservation and rehabilitation. The Agency is authorized to conduct a program of assistance and enforcement to encourage property owners within the Project Area to upgrade and maintain their property consistent with this Plan and such standards as may be developed for the Project Area. The extent of rehabilitation in the Project Area shall be subject to the discretion of the Agency based upon such objective factors as: a. Compatibility of rehabilitation with land uses as provided for in this Plan. b. Economic feasibility of proposed rehabilitation and conservation activity. c. Structural feasibility of proposed rehabilitation and conservation activity. d. The undertaking of rehabilitation and conservation activities in an expeditious manner and in conformance with the requirements ofthis Plan and such property rehabilitation standards as may be adopted by the Agency. e. The need for expansion of public improvements, facilities and utilities. f. The assembly and development of properties in accordance with this Plan. The Agency may adopt property rehabilitation standards for the rehabilitation of properties in the Project Area. (17) Moving of Structures As necessary in carrying out this Plan, the Agency is authorized to move, or to cause to be moved, any building, structures or other improvements from any real property acquired which can be relocated to a location within or outside the Project Area, and rehabilitated. (18) Seismic Reoairs For any project undertaken by the Agency within the Project Area for building rehabilitation or alteration in construction, the Agency may, be following all applicable procedures which are consistent with local, State and federal law, take those actions which the Agency determines are necessary to provide for seismic retrofits. 4822-7013-6576.1 11 MC-1l82 (19) Real Property Disposition and Development For the purposes of this Plan, the Agency is authorized to sell, lease, exchange, subdivide, transfer, assign, pledge, encumber by mortgage or deed of trust, or otherwise dispose of any interest in real property. To the extent permitted by law, the Agency is authorized to dispose ofreal property by negotiated sale or lease without public bidding. Except as otherwise permitted by law, before any interest in property of the Agency acquired in whole or in part, directly or indirectly, with tax increment moneys is sold or leased for development pursuant to this Plan, such sale or lease shall be first approved by the Common Council after public hearing. Except as otherwise permitted by law, no real property acquired by the Agency, in whole or in part, directly or indirectly, with tax increment, or any interest therein, shall be sold or leased for development pursuant to the Plan for an amount less than its fair market value, or the fair reuse value at the use and with the covenants, conditions and development costs authorized by the sale or lease. Unless otherwise permitted by law, the real property acquired by the Agency in the Project Area shall be leased or sold, except property conveyed by the Agency to the cornmunity or any other public body. Any such lease or sale shall be conditioned on the redevelopment and use of the property in conformity with the Plan. Real Property may be conveyed by the Agency to the City, and where beneficial to the Project Area, to any other public body with charge or for an amount less than fair market value. All purchasers or lessees of property from the Agency shall be obligated to use the property for the purposes consistent with this Plan, to begin and complete the improvement of such property within a period of time which the Agency fixes as reasonable, and to comply with other conditions which the Agency deems necessary to carry out the purposes of this Plan. During the period of redevelopment in the Project Area, the Agency shall ensure that all provisions of this Plan, and other documents formulated pursuant to this Plan, are being observed, and that development of the Project Area is proceeding in accordance with applicable development documents and time schedules. All development, whether public or private, must conform to this Plan and all applicable federal, State, and local laws, including without limitation the City's planning and zoning ordinances, building, environmental and other land use development standards. Such development must receive the approval of all appropriate public agencies. (20) purchase and Development Documents To provide adequate safeguards to ensure that the provisions of this Plan will be carried out and to prevent the recurrence of blight, all real property sold, leased, or conveyed by the Agency, as well as all property subject to Owner Participation Agreements, shall be made subject to the provisions of this Plan by leases, deeds, contracts, agreements, 4822.7013-6576.1 12 MC-1l82 declarations of restrictions, provisions of the planning and zoning ordinances of the City, conditional use permits, or other means. Where appropriate, as determined by the Agency, such documents or portions thereof shall be recorded in the office of the Recorder ofthe County. Leases, deeds, contracts, agreements, and declarations of restrictions of the Agency may contain restrictions, covenants, and covenants running with the land, rights of reversion by the owner, or any other provisions necessary to carry out this Plan. The Agency shall reserve such powers and controls in Disposition and Development Agreements or sirnilar agreements as may be necessary to prevent transfer, retention, or use of property for speculative purposes and to ensure that redevelopment is carried out pursuant to this Plan. The Agency shall obligate purchasers and lessees of real property acquired in redevelopment projects and owners of property improved as part of a redevelopment project to refrain from discrimination or segregation based upon race, color, creed, religion, national origin, ancestry, sex, or marital status in the sale, lease, sublease, transfer, use occupancy, tenure or enjoyment of property in the Project Area. All property sold, leased, conveyed, or subject to Disposition and Development Agreements shall be expressly subject by appropriate documents to the restriction that all deeds, leases, or contracts for the sale, lease, sublease or other transfer of land in the Project Area shall contain such nondiscrimination and non-segregation clauses as are required by law. (21) Personal Property Disposition For the purposes of this Plan, the Agency is authorized to sell, lease, exchange, subdivide, transfer, assign, pledge, encumber, or otherwise dispose of personal property. (22) Provision for Low and Moderate Income Housing Unless otherwise permitted or required by law, the terms "affordable housing cost", "replacement dwelling unit", "persons and families of low or moderate income", "substantially rehabilitated dwelling units" and "very low income households" as used herein shall have the meanings as now defined by the Redevelopment Law, or may hereafter be amended, and other State and local laws and regulations pertaining thereto. The Agency may, inside or outside the Project Area: acquire real property, buildings sites, buildings or structures, donate real property, improve real property or building sites, construct or rehabilitate buildings or structures, and take any other such actions as may be permitted by the Redevelopment Law, in order to provide housing for persons and families oflow or moderate income. 4822-7013-6576.1 13 MC-1l82 (23) Reolacement Housing Except as otherwise permitted by law, whenever dwelling units housing persons and families oflow or moderate income are destroyed or removed from the low and moderate income housing market as part of a redevelopment activity in the Project Area, the Agency shall, within four years of such destruction or removal, rehabilitate, develop or construct, or cause to be rehabilitated, developed or constructed, for rental or sale to persons and families of low or moderate income, an equal number of replacement dwelling units which have an equal or greater number of bedrooms as those destroyed or removed units at affordable housing costs within the territorial jurisdiction of the Agency. Except as otherwise permitted by law, seventy-five percent (75%) of the replacement dwelling units shall replace dwelling units available at affordable housing costs in the same income level of very low income households, lower income households, and persons and families of low and moderate income as the persons displaced from those units destroyed. The Agency may replace destroyed or removed dwelling units housing persons and families of low or moderate income with a fewer number of replacement dwelling units if the replacement dwelling units have a greater or equal number of bedrooms and are affordable to the same income level of households as the destroyed or removed units to the extent permissible by law as it now exists or may hereafter be amended. (24) New or Rehabilitated Dwelling Units Developed Within the Proiect Area Unless otherwise permitted by law, at least thirty percent (30%) of all new and substantially rehabilitated dwelling units developed by the Agency shall be available at affordable housing cost to persons and families of low or moderate income, and such dwelling units, not less than fifty percent (50%) of these shall be available to an occupied by very low income households. Unless otherwise permitted by law, at least fifteen percent (15%) of all new and substantially rehabilitated dwelling units developed within the Project Area by public or private entities or persons other than the Agency shall be available at affordable housing cost to persons and families of low or moderate income and of such fifteen percent (15%), not less than forty percent (40%) shall be available at affordable housing cost to very low income households. The percentage requirements set forth in this Section shall apply independently of the requirements of the preceding section of this Plan pertaining to "Replacement Housing", and in the aggregate to the supply of housing to be made available pursuant to this Section and not to each individual case of rehabilitation, development or construction of dwelling units. Pursuant to Section 33413(b)(4) of the Redevelopment Law, the Agency shall prepare and adopt a plan to comply with the requirements set forth above, for the Project Area. The Plan shall be consistent with, and may be included within the Housing Element of the City's General Plan. Unless otherwise permitted by law, the plan shall be reviewed and, if necessary, amended at least every five (5) years in conjunction with the housing element cycle. 4822-7013-6576.1 14 MC-1l82 Except as otherwise permitted by law, the Agency shall require, by contract or other appropriate means, that whenever any low and moderate income housing units are developed within the Project Area, such units shall be made available on a priority basis for rent or purchase, whichever the case may be, to persons and families of low or moderate income displaced by the redevelopment activities of the Agency in the Project Area; provided however, that failure to give such priority shall not affect the validity of title to the real property upon which such housing units have been developed. (25) Duration of Dwelling Unit Availability Unless otherwise permitted by law, the Agency shall require the aggregate number of dwelling units rehabilitated, developed or constructed pursuant to Section D(21) and D(22) of this Plan to remain available at affordable housing cost to very low income, low income, and moderate income households for the longest feasible time, as determined by the Agency, but for not less than the period required by the applicable provisions of the Redevelopment Law. (26) Relocation Housing If insufficient suitable housing units are available in the City for use by persons and families of low or moderate income displaced by the redevelopment activities of the Agency, the Agency may, to the extent of that deficiency, direct or cause the development, rehabilitation or construction of housing units within the City, both inside and outside the Project Area. (27) Increased and Improved Supply Subject to the provisions of Commission Resolution No. 5237, and the indebtedness of the Agency incurred prior to adoption of Commission Resolution No. 5237, and except as otherwise permitted by law, not less than twenty percent (20%) of all taxes which are allocated to the Agency pursuant to subdivision (b) of Section 33670 of the Redevelopment Law shall be used by the Agency for the purposes of increasing, improving and preserving the City's supply of low and moderate income housing available at affordable housing cost as defined by Section 50052.5 of the California Health and Safety Code, to persons and families of low or moderate income, as defined in Section 50093 of the California Health and Safety Code, and very low income households, as defined in Section 50105 of the California Health and Safety Code, unless one or more applicable findings are made pursuant to the Redevelopment Law. The funds for this purpose shall be held in a separate Low and Moderate Income Housing Fund until used. Any interest earned by such Low and Moderate Income Housing Fund shall accrue to the Housing Fund. In implementing this Section 27 of the Plan, the Agency may exercise any or all of its powers including, but not limited to, the following: 4822-7013-6576.1 15 MC-1l82 L Acquire real property or building sites subject to Section 33334.16 of the Redevelopment Law. 2. Improve real property or building sites with on-site or off-site improvements, but only if either (A) the improvements are made as part of a program which results in the new construction or rehabilitation of affordable housing units for low- or moderate-income persons that are directly benefited by the improvements or (B) the agency finds that the improvements are necessary to elirninate a specific condition that jeopardizes the health or safety of existing low- or moderate- income residents. 3. Donate real property to private or public persons or entities. 4. Finance insurance premiums pursuant to Section 33136 of the Redevelopment Law. 5. Construct buildings or structures. 6. Acquire buildings or structures. 7. Rehabilitate buildings or structures. 8. Provide subsidies to, or for the benefit of, very low income households, as defined by Section 50105 of the California Health and Safety Code, lower income households, as defined by Section 50079.5 of the California Health and Safety Code, or persons and families of low or moderate income, as defined by Section 50093 of the California Health and Safety Code, to the extent those households cannot obtain housing at affordable costs on the open market. Housing units available on the open market are those units developed without direct govemment subsidies. 9. Develop plans, pay principal and interest on bonds, loans, advances, or other indebtedness or pay financing or carrying charges. 10. Maintain the community's supply of mobile homes. 1 L Preserve the availability to lower income households of affordable housing units in housing developments which are assisted or subsidized by public entities and which are threatened with imminent conversion to market rates. The Agency may use these low and moderate income funds to meet, in whole or in part, the replacement housing provisions in Section D(23) of this Plan. These funds may be used inside or outside the Project Area; however, these funds may be used outside the Project Area only if findings of benefit to the Project Area are made pursuant to the Redevelopment Law. 4822-7013-6576.1 16 MC-1l82 (28) Duration of Affordability Except as provided in Section 33334.3 of the Redevelopment Law, or as otherwise permitted by law, all new or substantially rehabilitated housing units developed or otherwise assisted with moneys from the Low and Moderate Income Housing Fund pursuant to an agreement approved by the Agency shall be required to remain available at affordable housing costs to persons and families of low or moderate income and very low income households for the longest feasible time, but for not less than the following periods oftime: a. Fifty five (55) years for rental units; b. Forty five (45) years for owner-occupied units. However, the Agency may permit sales of owner-occupied units prior to the expiration of the 45- year period for a price in excess of that otherwise permitted under this subdivision pursuant to an adopted program that protects the Agency's investment of moneys from the Low and Moderate Income Housing Fund. SECTION E. USES PERMITTED IN THE PROJECT AREA (1) Map and Uses Permitted Pursuant to Section 33333 of the Redevelopment Law, the map, attached hereto as Exhibit A and incorporated herein, illustrates the location of the Project Area boundaries, the immediately adjacent streets, and existing public rights-of-way. The land uses permitted by this Plan shall be those permitted by the General plan and City zoning ordinances as they now exist or may hereafter by amended. (2) Maior Land Uses (as now provided in the General Plan) Major land uses permitted within the Project Area shall include: Commercial Office (CO-l), Conunercial General (CG-l) Commercial Regional (CR-2), Public Facility (PF) Residential Mediwn (RM), Residential Medium Heavy (RMH) The areas shown in the map, Exhibit "A", may be used for any of the uses specified for or permitted within such areas by the General plan and zoning ordinances as they exist or are hereafter amended in the future. (3) Public Street Lavout. Rights-of-Way and Easements Pursuant to Section 33333(a) of the Redevelopment Law, the public street system for the Project Area is illustrated on the Project Area Map identified as Exhibit A. The street 4822-7013-6576.\ 17 MC-1l82 system in the Project Area shall be developed in accordance with the Circulation Element ofthe General Plan. Primary streets in the Project Area include: Arrowhead Avenue 4th, 5th, 6th, 7th and 8th Streets Court Street D, E, F G and H Streets Certain streets and rights-of-way may be constructed, widened, altered, abandoned, vacated, or closed by the city as necessary for proper development of the Project Area. Additional easements may be created by the Agency and/or the City in the Project Area as needed for proper development and circulation. The public rights-of-way shall be used for vehicular, bicycle and/or pedestrian traffic as well as for public improvements, public and private utilities, an activities typically found in the public rights-of-way. In addition, all necessary easements for the public uses, public facilities, and public utilities may be retained or created. (4) Other Public and Open Space Uses Both within and, where appropriate, outside ofthe Project Area, the Agency is authorized to permit, establish, or enlarge public, institutional, non-profit uses, including, but not limited to, schools; community centers; auditorium and civic center facilities; criminal justice facilities; park and recreational facilities; parking facilities; transit facilities; libraries; hospitals; facilities for educational, fraternal, philanthropic and charitable institutions; or other similar associations or organizations allowed by Redevelopment Law. All such uses shall be deemed to conform to the provisions of this Plan provided that such uses conform with all other applicable laws and ordinances and that such uses are approved by the City. The Agency may impose such other reasonable restrictions as are necessary to protect development and uses in the Project Area. Pursuant to Section 33333(a) of the Redevelopment Law, there is currently 68.58 acres which is designated as open space in the Project Area, and as of the date of adoption of the 2004 amendment to this Plan, there are no specific plans for the provision of other open space, or property to the devoted to public purposes in the Project Area. Pursuant to Section 33333(d) of the Redevelopment Law, there is 12.53 acres designated by the General Plan as devoted to public purposes within the Project Area. (5) Conforming Properties The Agency may, in its sole and absolute discretion, determine that the prospective acquisition by the Agency of certain real properties within the Project Area in order to foster the elimination of blight and the implementation of this Plan, is not required at the time of such determination, and the owners of such properties may be permitted to remain, as owners of conforming properties, provided such owners continue to operate, use, maintain the real properties within the requirements of this Plan. An owner of a conforming property may be required by the Agency to enter into an Owner Participation Agreement with the Agency in the event that such owner desires to (1) construct any additional improvements or substantially alter or modify existing structures on any of the 4822-7013-6576.1 18 MC-1l82 real property described above as conforming; or (2) acquire additional property within the Project Area. (6) General Controls and Limitations All real property in the Project Area is hereby made subject to the controls and requirements of this Plan. No real property shall be developed, redeveloped, rehabilitated, or otherwise changed after the date of the adoption of this Plan except in conformance with the goals and provisions of this Plan and all applicable City codes and ordinances. The type, size, height, number and use of buildings within the Project Area will be controlled by the applicable City planning and zoning ordinances as they now exist or may hereafter be amended. (7) Number of Dwelling Units The total number of dwelling units in the Project Area shall be regulated by the General Plan. As of the date of adoption of the 2004 amendment to the Plan, there are approximately 808 dwelling units in the Project Area. Pursuant to Section 33333(c) of the Redevelopment Law, portions of the Project Area are designated as residential uses in the General Plan. (8) Open Space and Landscaping The approximate amount of open space to be provided in the Project Area is the total of all areas so designated in the Land Use Element of the General Plan and those areas in the public rights-of-way provided through site coverage limitations on new development as established by the City and this Plan. Landscaping shall be developed in the Project Area to ensure optimum use of living plant material in conformance with the standards of the City. (9) Limitations on Type. Size. Height. Number and Proposed Use of Buildings Pursuant to Section 33333(b) of the Redevelopment Law, the limits on building type, size, height, and number, as well as proposed uses of buildings shall be established in accordance with the provisions of the General Plan and the zoning ordinances, as they now exist or are hereafter amended. Diagram(s) and general descriptions of these limitations are provided in the General Plan and the zoning ordinances. (10) Signs All signs shall conform to the City's requirements. Design of all proposed new signs shall be submitted prior to installation to the appropriate governing bodies of the City and/or the Agency for review and approval pursuant to the Municipal Code of the City and procedures permitted by this Plan. New signs must contribute to a reduction in sign blight. 4822-7013-6576.1 19 MC-1l82 (11) Utilities The Agency shall require that all utilities be placed underground whenever the Agency determines that such undergrounding is physically possible and economically feasible. (12) Incompatible Uses No use of structure which is by reason of appearance, traffic, parking, smoke, glare, noise, odor, or similar factors incompatible with the surrounding areas, structures, or uses shall be authorized in any part of the Project Area, except as otherwise permitted by the City. (13) Subdivision of Parcels No parcels in the Project Area 'shall be consolidated, subdivided or re-subdivided without the approval of the City, and the approval by the Agency of an Owner Participation Agreement with the owner of such parcel, or the express written waiver by the Agency of the requirement to enter into an Owner Participation Agreement for such parcel. (14) Minor Variations The Agency is authorized to permit minor variations from the limits, restrictions and controls established by this Plan. In order to permit any such variation, the Agency must determine all the following: a. The application of certain provisions of this Plan would result in practical difficulties or unnecessary hardships inconsistent with the general purposes and intent ofthis Plan. b. There are exceptional circumstances or conditions applicable to the property or to the intended development of the property, which do not apply generally to other properties having the same standards, restrictions, and controls. c. Permitting a variation will not be materially detrimental to the public welfare or injurious to property or improvements in the area. d. Permitting a variation will not be contrary to the objectives of this Plan. No such variation shall be granted which permits other than a minor departure from the provisions of this Plan. In permitting any such variation, the Agency shall impose such conditions as are reasonably necessary to protect the public health, safety, or welfare, and to assure compliance with the purposes of this Plan. 4822.7013-6576.1 20 MC-1l82 (15) Design for Development In the case of property, which is the subject of a Disposition and Development Agreement or an Owner Participation Agreement with the Agency, such property shall be developed in accordance with the provisions of such Agreement. One of the objectives of this Plan is to create an attractive and pleasant environment in the Project Area. Therefore, such plans shall give consideration to good design, open space and other amenities to enhance the aesthetic quality of the Project Area. (16) Building Permits Any building permit that is issued for the rehabilitation or construction of any new building or any addition, construction, moving, conversion or alteration to an existing building in the Project Area following the date of the 2004 amendment to the Plan must be in conformance with the provisions of this Plan, and any applicable Owner Participation Agreement or Disposition and Development Agreement. The Agency is authorized to establish permit procedures and approvals required for purposes of this Plan. A Building permit shall be issued only after the applicant for same has been granted all approvals required by the City and the Agency at the time of the application. SECTION F. METHODS FOR FINANCING THE PROJECT (1) Proiect Financing The estimated net cost for the entire project area is approximately $10,280,000 of which approximately $1,924,000 is expected to be provided by the Federal Govemment since a portion of this project is anticipated to receive Federal participation on a two-thirds Federal and one-third Local basis. Funds to cover the local share will be procured by the Redevelopment Agency under the provisions of the California Community Redevelopment Law, Section 33600 through 33605 and 33640 through 33646, as follows: [From Section 33600 of the Redevelopment Law]: An agency may accept financial or other assistance from any public or private source, for the agency's activities, power, and duties, and expend any funds so received for any of the purposes of this part. [From Section 33601 of the Redevelopment Law]: An agency may borrow money or accept financial or other assistance from the state or federal govemment or any other public agency for any redevelopment project within its area of operation, and may comply with any conditions of such loan or grant. An agency may borrow money (by the issuance of bonds or otherwise) or accept financial or other assistance from any private lending institution for any redevelopment project for 4822-7013-6576.1 21 MC-1l82 any of the purposes of this part, and may execute trust deeds or mortgages on any real or personal property owned or acquired. [From Section 33602 of the Redevelopment Law]: "Bonds" means any bonds, notes, interim certificates, debentures, or other obligations issued by an agency pursuant to Articles 5 (commencing with Section 33640) of this chapter. [From Section 33603 of the Redevelopment Law]: An agency may invest any money held in reserves or sinking funds, or any money not required for immediate disbursement, in property or securities in which savings banks may legally invest money subject to their contro I. [From Section 33604 of the Redevelopment Law]: If an agency ceases to function, any surplus funds existing after payment of all its obligations and indebtedness shall vest in the community. [From Section 33605 of the Redevelopment Law]: In connection with the issuance and sale of preliminary loan notes, secured by a requisition agreement with the United States of America, the agency may delegate to one or more of its agents or employees the powers or duties it deems proper. [From Section 33640 of the Redevelopment Law]: From time to time an agency may, subject to the approval of the legislative body, issue bonds for any of its corporate purposes. An agency may also, subject to the approval of the legislative body, issue refunding bonds for the purpose of paying or retiring bonds previously issued by it. [From Section 33641 of the Redevelopment Law]: An agency may issue such types of bonds as it may determine including bonds on which the principal and interest are payable: a. Exclusively from the income and revenues of the redevelopment projects financed with the proceeds of the bonds, or with such proceeds together with financial assistance from the State or Federal Govemment in aid of the projects. b. Exclusively from the income and revenues of certain designated redevelopment projects whether or not they were financed in whole or in part with the proceeds of the bonds. c. In whole or in part from taxes allocated to, and paid into a special fund of the agency pursuant to the provisions of Article 6 (commencing with Section 33670) of this chapter. d. In whole or in part from taxes imposed pursuant to Section 7280.5 of the Revenue and Taxation Code which are pledged therefore. e. From its revenues generally. 4822-7013-6576.1 22 MC-1l82 f. From any contributions or other financial assistance from the State or Federal Government. g. By any combination of these methods. [From Section 33642 of the Redevelopment Law]: Any of such bonds may be additionally secured by a pledge of any revenues or by encumbrance by mortgage, deed of trust, or otherwise of any redevelopment project or other property of the agency or by a pledge of the taxes referred to in subdivision (c) of Section 33641, or by any combination thereof. [From Section 33643 of the Redevelopment Law]: Neither the members of any agency nor any persons executing the bonds are liable personally on the bonds by reason of their issuance. [From Section 33644 of the Redevelopment Law]: The bonds and other obligations of any agency are not a debt of the community, the State, or any of its political subdivisions and neither the community, the State, nor any of its political subdivisions is liable on them, nor in the event shall the bonds or obligations be payable out of any funds or properties other than those of the agency; and such bonds and other obligations shall so state on their face. The bonds do not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction. [From Section 33645 of the Redevelopment Law]: The Agency may authorize bonds by . resolution. The resolution, trust indenture, or mortgage may provide for: a. The issuance of bonds in one or more series. b. The date the bonds shall bear. c. The maturity dates of the bonds. d. The interest rate, not exceeding the maximum rate fixed for bonds of cities under Chapter 4 (cornmencing with Section 43600) Division 4, Title 4 of the Government Code. e. The denomination of the bonds. f. Their form, either coupon or registered. g. The conversion or registration privileges carried by the bonds. h. The rank or priority of the bonds. L The manner of their execution. 4822-7013-6576.1 23 MC-1l82 J. The medium of payment. k. The place of payment. I. The terms of redemption with or without premium to which the bonds are subject. [From Section 33646 of the Redevelopment Law]: The bonds may be sold at par less a discount of not to exceed 5%, at public sale held after notice published once at least five days prior to the sale in a newspaper of general circulation published in the community, or, if there is none, in a newspaper of general circulation published in the County. The bonds may be sold at not less than par to the federal govemment at private sale without any advertisement. (2) Time Limit on Establishing Loans, Advances and Indebtedness The principal amount of bonded indebtedness (issued pursuant to Section 33640, et seQ., of the Health and Safety Code) to be repaid in whole or in part from such allocations of taxes, and which can be outstanding at one time, as applicable to the Redevelopment Project, shall not exceed the sum of forty million dollars ($40,000,000) without an amendment of this Plan." (3) Limitation on Number of Dollars of Taxes Which May Be Divided and Allocated to Agencv a. A limitation on the number of dollars of taxes which may be divided and allocated to the Agency need not be specified as a dollar value limitation so long as a limitation does in fact exist to enable the Agency to reasonably determine a limitation on such amounts when certain financial variables are known. Taxes shall not be divided and shall not be allocated to the Agency beyond such limitation, except by amendment of this Plan. The dollar amount of taxes which may be divided and allocated to the Agency ("tax allocations") pursuant to subsection 2 of this Section "F" in any fiscal year shall be a figure derived by multiplying the maximum annual debt service (as hereinafter defined) on those forms of indebtedness as further provided in Paragraph "b" below and payable from the tax increment revenues attributable to the Redevelopment project by a factor of L 75 ("coverage"). As used herein, maximum annual debt service means the largest of the sums obtained for any fiscal year after the computation is made by totaling the following for each such fiscal year: (1) the principal amount of all serial Bonds and serial parity Bonds payable in such fiscal year; and (2) the amount in minimum sinking fund payments; (3) the interest which would be due during such fiscal year on the aggregate principal amount of Bonds and parity Bonds which would be outstanding in such fiscal year if the Bonds and 4822-7013-6576.1 24 MC-1l82 parity Bonds outstanding on the date of such computation were to mature or be redeemed in accordance with the maturity schedule or schedules for the serial Bonds and serial parity Bonds and the schedule or schedules of minimum sinking fund payments for term Bonds and term parity Bonds; (4) any other optional or mandatory call and redemption of bonds; and (5) the principal and interest due and payable in each fiscal year of the agency with respect to loans, notes, contractual obligations or other forms of indebtedness payable to third parties either in whole or in part from the tax allocations. At the time and for the purpose of making such computation, the amount of term Bonds and term parity Bonds already retired in advance of the above-mentioned schedule or schedules shall be deducted pro rate from the remaining amounts thereon. b. The principal amount of the tax allocation bonded indebtedness applicable to the Redevelopment Project issued pursuant to Section 33650, et seQ., of the Health and Safety Code, exclusive of (i) sales and use tax revenue bonds or other similar bonded indebtedness or contractual obligations, (ii) other Agency subordinated contractual obligations payable from tax allocations and, (iii) other forms of indebtedness and City and/or Agency indebtedness payable from tax allocations, which can be outstanding at anyone time and payable in whole or in part from tax allocations attributable to the Redevelopment Project shall be limited to forty million dollars ($40,000,000) if and to the extent the same is serviceable solely from tax allocations, applying to such tax allocations the 1.75 coverage test as set forth above to so determine the total amount of tax allocations to be allocated to the Agency for the debt service requirements on such tax pursuant to said Section 33640 in addition to that amount required for the repayment of principal and interest on such other Agency subordinated contractual obligations payable from tax allocations and other forms of indebtedness and City and/or Agency indebtedness payable from tax allocations; provided, however, that if other sources of payment are lawfully combined with tax allocations, there shall be no limit as to the amount of bonded indebtedness serviceable from such other source of funds, except as to that portion of the total tax allocation bonded indebtedness which is attributable to being serviced from tax allocation which shall not at anyone time exceed such figure of forty million ($40,000,000) principal amount outstanding as set forth above applying the same coverage test to determine the total oftax allocations which shall be available to the Agency. 4822-70B-6576.1 25 MC-1l82 SECTION G. ACTIONS BY THE CITY The City shall aid and cooperate with the Agency in carrying out this Plan and shall take all reasonable actions necessary to ensure the continued fulfillment of the purposes of this Plan and to prevent the recurrence or spread in the Project Area of conditions of blight. Actions by the City may include, but shall not be limited to, the following: (A) Institution and completion of proceedings for opening, closing, vacating, widening, or changing the grades of streets, alleys, and other public rights-of-way, and for other necessary modifications of the streets the street layout, and other public rights-of-way in the Project Area. Such section by the City shall include the requirement of abandonment and relocation by the public utility companies of their operations in public rights-of-way as appropriate to carry out this Plan, provided that nothing in this Plan shall be deemed to require the costs of such abandonment, removal, and relocation to be borne by others than those legally required to bear such costs. (B) Institution and completion of proceedings necessary for changes and improvements to publicly owned parcels and utilities in the Project Area. (C) Performance of the above, and of all other functions and services relating to public health, safety, and physical development normally rendered in accordance with a schedule which will permit the redevelopment of the Project Area to be commenced and carried to completion without unnecessary delays. (D) Imposition, whenever necessary, of appropriate design controls within the limits of this Plan in the Project Area to ensure proper development and use of land. (E) Provisions for administration/enforcement of this Plan by the City after completion of development. (F) The undertaking and completion of any other proceedings necessary to carry out the Plan. (G) The expenditure of any City funds in connection with redevelopment of the Project Area pursuant to this Plan. (H) Revision of the City zoning ordinance, adoption of specific plans of execution of statutory development agreements to permit the land uses and facilitate redevelopment and elimination of blight authorized by this Plan. 4822-7013-6576.1 26 MC-1l82 SECTION H. ADMINISTRATION AND ENFORCEMENT Upon adoption, the administration and enforcement of this Plan or other documents implementing this Plan shall be performed by the City and/or the Agency, as appropriate. The provisions of this Plan or other documents entered into pursuant to this Plan may also be enforced by litigation or similar proceedings by either the Agency or the City. Such remedies may include, but are not limited to, specific performance, damages, re- entry onto property, power of termination, or injunctions. In addition, any recorded provisions which are expressly for the benefit of owners of property in the Project Area may be enforced by such owners. SECTION I. PLAN LIMITATIONS (I) Effectiveness of the Plan Except for the non-discrimination and non-segregation provisions which shall run in perpetuity, and except as otherwise provided herein, the provisions of other documents formulated pursuant to this Plan shall be effective for forty (40) years from the adoption ofCornmon Council Ordinance No. 3366 approving this Plan After the time limit on the effectiveness of the Plan has expired, the Agency shall have no authority to act pursuant to the Plan except to pay previously incurred indebtedness and to enforce existing covenants or contracts. However, if the Agency has not completed its housing obligations pursuant to Section 33413 or the Redevelopment Law, the Agency shall retain its authority to implement requirements under 33413, including the ability to incur and pay indebtedness for this purpose, and shall use this authority to complete these housing obligations as soon as reasonably possible. SECTION J. PROCEDURE FOR AMENDMENT This Plan may be amended by means of procedure established in Sections 33450-33458 of the Redevelopment Law or by any other procedure hereafter established by law. This Plan is to be liberally construed and not interpreted as a limitation on the powers of the Agency. Notwithstanding any provision in this Plan to the contrary, the Agency or Commission may hereby utilize all powers of a redevelopment agency pursuant to the Redevelopment Law and all other applicable laws, as the same now exists or may hereafter be amended. 4822-7013-6576.1 27 MC-1l82 Exhibit "A" Central City North Redevelopment Project Area Map MC-1l82 EXHIBIT "A" -- nlln .- - " " "ti;l_~;~~~ UJ 1"'\.:J.;.t? ~ .. ~<,;-':~', ",,,.' tt: - ~ ... m . ~j;l; ..d :~ " 10 ,1: ~. F',-0 @.. i- - ~~I' ~@"l@ ~ il~R11 ..~:!J!J (); ~,.- " . ,. - .: . . .... .' .1' ,,? - - o . . ~ . . p. .r.< .<, " ~. - - >'):;',@ f:H~~I~ ~<ID~ , /, . ~.< 1 1'1<1" <Em -,' .. -'." ,~: ~ .Uoli .' :'- .@ "'t:' ""j. :.., .;'llifi;\ '~~-~;, 11; ',;~ ii;:. ;:; ~;; ,- I- iC'l~;">' 1.. )$:.'::_' ~i_.. ~ ~ 6 "~-'" II'! "I.... : .. ~:t:;: ~ ~'.., e: i: .::,: mj !'5,: ,::s" ;:~~'. \@ ~ ., _' t; .., l:l .,- "'. N :;:." ' ....-<.,~ ~. ~ (;z-... ~ ,:!Q, . .... - ~ lii i:; :i'i'~: ~ ~ f.'; tl ..'~ ~ x ~ ',_; ~ ,,~;, i:l :;: ...." '^," ;f' )if:: ll:.. . ~ 0 l. lii'~ I _I, -~' j;l @ "'- ~: ~ ~ !a .. ~ -i, N ~ o '" ~'(.'~~J;E'" ~n .. , f @ . @ ; @ -~' ..:... -, @~, @ . I"~ , . , . , @ I I": r-:-f':' :@ I:~q~ . '. , , k It ~~i o~ z~ :I: II) ....1:: a: .~ o1U r-z I:: ~.~ -0 OCll ci~ a:"tl I.' .'. L"" ~ Z..,J ," r W . , "... 0 I:: tlf ~ II: 0.. Iii - Ii: e ::l Cll o I:: o Cll - (!) > , "...; .. -': " a a '" '" c '" " ~ .!!l -0 <ll o 'S <ll a: , ~ ~ i E E , , '2 '" ~ :E ~ .~ < :3 ~ ~ .~ . :D ~ :'l , ~ o1i "" III I~~ MC-1l82 Exhibit "B" Central City North Redevelopment Project Area Legal Description of Project Area MC-1182 Legal Description of Project Area Those portions of Blocks 19,20,25,26,27,28,29,30,35,36,37,38,39,40,41,42, 43, 44, 45, 46, 51, 52, 53, 54 and 55 of the City of San Bernardino, County of San Bernardino, State of California, as per map recorded in Book 7 of Maps, Page 1; and Norton and Hay Subdivision as per map recorded in Book 16 of Maps, age 7; and Sub of Block 55, City of San Bernardino, as per map recorded in Book 3 of Maps, Page 30; and Porter's Subdivision as per map recorded in Book 2 of Maps, Page 26; and J. S. Bright Subdivision as per map recorded in Book 4 of Maps, Page 4; and Bennetts Subdivision as per map recorded in Book 3 of Maps, Page 15; and Ward and Courtney Subdivision as per map recorded in Book 3 of Maps, Page 25; and Kingman- Hampson Subdivision as per map recorded in Book 30f Maps, Page 81, records of said County described as follows: Beginning at the intersection of the Easterly prolongation of the North line of Court Street, 82.50 feet wide and the East line of Arrowhead Avenue 82.50 feet wide; thence West along said Easterly prolongation and the North line of said Court Street to the East line of "D" Street, 82.50 feet wide; thence Westerly in a straight line to the Northwest corner of "D" Street and Court Street, 56.16 feet wide; thence West along the North line of Court Street to the East line of"E" Street 82.50 feet wide; thence North Along the East line of said "E" Street to the Northeast corner of said "E" Street and Fourth Street, 82.50 feet wide; thence West along the North line of said Fourth Street to the West line of "H" Street; thence North along the West line of said "H" Street a distance of 48.00 feet to the Right of Way line of State Route VllI - 43 (Freeway U. U. 395); thence along said Right-of-Way line the following courses and distances: thence South 89 34' 17" West a distance of 251.15 feet; thence Northerly along the arc of a curve concave Northeasterly with a radius of 150.00 feet a distance of 83.37 feet; thence North 17 a5'04" West a distance of 170.43 feet to the South line of Kingman Street; thence North 07 28'03" West a distance of 40.30 feet to the North line of said Kingman Street; thence North 0 27'47" West a distance of 130.00 feet; thence Northerly in a direct line to a point on the North line of Lot 41 of the Ward and Courtney Subdivision as per plat recorded in Book 3 of Maps, page 25, records of the County Recorder of said County, said point being 370.00 feet West of the East line of said "H" Street; thence North 0 27'54" West a distance of 143.71 feet to the South line of Spruce Street, 50.00 feet wide; thence North 05 43'35" East a distance of 173.52 feet to the beginning of a tangent curve concave Southeasterly and having a radius of 160.00 feet; thence Northeasterly along said curve thrn a central angle of79 24'47" a distance of221.77 feet; thence North 85 08'02" East a distance of 99.66 feet to the South line of Sixth Street 82.50 feet wide; thence East along the South line of said Sixth Street to the West line of said "H" Street; thence leaving said Right-of-Way line of Freeway U.S. 395 North along the West line of said "H" Street to the North line of said Sixth Street; thence West along the North line of said Sixth Street to the Easterly Right-of-Way line of said U.S. 395; thence North along said Easterly Right-of-Way line of U.S. 395 Freeway and following all its various courses and distances to the North line of Eight Street 82.50 feet wide; thence East along the North line of Eight Street to the Northeast comer of said Eight Street and Arrowhead Avenue; thence South along the East line of said Arrowhead Avenue to the point of beginning. MC-1l82 Exhibit "C" Community Development Commission Resolution No. 4830 December 23,1985 - h '~' ii>.-- .". ." MC-1l82 ! -. SBEOOl-92/1,010/1297S/kl 12118/85 RESOLUTION NO. 4830 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO ADOPTING A STATEMENT OF EXISTING PROJECTS, PROGRAMS AND ACTIVITIES AND EXISTING OBLIGATIONS PURSUANT' TO HEALTH AND SAFETY CODE SECTION 33334.6 it- -l~f! ,_ ""~'''''.' WHEREAS, Health and Safety Code Section 33334.6 requires . with reference to redevelopment plans adopted prior to January 1, 1977,that not less than twenty percent (20%) of all taxis which are allocated to the Redevelopment Agency of the City of San Bernardino , (the "Agency') pursuant to Hea lth and Safety Code Section 33670 be set aside for purposes of increas in9 and. improving the community' s supply of low-. and moderate-income housing ,(the "Housing Fund . upropriation") unless certain findings are made~ and ) WHEREAS, Health and Safety Code Section 33334.6 authorizes the Agency not to set aside the Housing Fund Appropriation, or any - portion thereof, if it is found and determined that the Housing Fund Appropriation, or any portion thereof , is needed for other purposes .in order to provide for the orderly and timely completion of public and private redevelopment projects, programs and activities which as of January 1, 1986 the ~gency intends to implement~ and WHEREAS, flealth and Safety Code Section 33334.6 authorizes the Agency not to set aside the Housing Fund Appropriation, or any portion thereof, if it is found and determined that the Housing Fund - 1 - MC-1l82 Appropriation, or any portion thereof, is needed for purposes of '. payment under existing obligations of amounts due or required to be committed, set aside or reserved by the Agency during the fiscal year and which are used by the Agency for that purpose; and WHEREAS, the community Development Commission of the City of San Bernardino (the "Commission"), on behalf of the Agency, intends to implement those certain projects, programs and activities pertaining to those certain redevelopment projects adopted by the Agency prior to January 1, 1977, all as set forth in Exhibit "A" ~ attached hereto and incorporated herein.by reference, and the Commission has further established or has otherwise identified , existing" obligations pertaining to the payment of amounts due or { required to be committed, set aside or reserved by the Agency during ....... the fiscal year 1985-86; and WHEREAS, it is appropriate at this time for the Commission. _ on behalf of the Agency to make certain findings and-authorizations with reference to said redeveldpment projects and obligations, pursuant to Health and Safety' Code Section 33334.6; NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION ACTING ON BEHALF OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: - 2 - MC-1l82 Section 1. The Commission hereby reaffirms and '- incorporates herein by reference that certain Resolution of the Commission entitled: :3 ;.~(_' Resolution of the Community Development Commission of the City of San Bernardino Making Certain Findings Concerning Lack of Heed to Set Aside a Portion of Property.Tax Increment Pursuant .to' Health and Safety Code Sections 33334.2 and 33334~6 , and the Commission specifically reaffirms and incorporates by referenc~ herein any and all findings .and determinations made in said Res6lution~ ". . ..... Pursuant to' Health and Safety Code Section Section 2. 33334.6, the Commission on behalf of the Agency hereby accepts,. . approves and adopts for planning purposes the Statement of projects, Programs and Activities as set forth in Exhibit ftA" attached hereto and incorporated herein by reference, and the Commission on behalf of the Agency further affirms its intention to proceed with the projects, programs and activities set forth therein; provided, however, that nothing in this Resolution shall be deemed to constitute final approval of any project, program or activity set forth in said Exhibit ftAft. Section 3. The Commission on behalf of the Agency hereby finds and determines pursuant to Health and Safety Code - 3 .~ ') MC-1l82 Section 33334.6 that the projects, programs and activities set forth in Exhibit "A" attached hereto and incorporated herein by reference are projects, programs and activities as described in Health and Safety Code section 33334.6, and that the orderly and timely completion of said projects, programs and activities requires that neither the Housing Fund Appropriation, nor any portion thereof, be set aside during the 1985-86 fiscal year for purposes set forth in Health and Safety Code Section 33334.6. Section 4. The Commission on behalf of the Agency hereby accepts, approves and adopts the Statement of Existing Interproject Area Loans and Obligations as set forth in Exhib~t "B" I attached. hereto and incorporated herein by _ reference, and the ~ Commission on behalf of the Agency authorizes and directs Agency and '- City Staff to execute any and all documents, book entries and writings and to take any and all actions which are reasonable and .necessary in order to commit, set aside or reserve Agency funds. pursuant to the obligations set forth in Exhibit "B": including any and all interest due thereon calculated at a rate not to exceed the maximum interest rate permitted by law. Section 5. The Commission on behalf of the Agency hereby finds and determines pursuant to Health and Safety Code Section 33334.6 that the obligations set forth in Exhibit "B" attached hereto and incorporated herein by reference are obligations as described in Health and Safety Code Section 33334.6, and that the repayment, commitment, set aside or reservation of funds pursuant to - 4 - MC-H82 said obligations, including any and all interest due thereon, requires that neither the Housing Fund Appropriation, nor any ~ portion thereof , be set aside during the 1985-86 fiscal year for .purposes set forth in Health and Safety Code Section 33334.'6. Section 6. This Resolution shall take effect upon adoption. ADOPTED: 12/23/85 Approved as to Legal Form and Adequacy: , By: ission Counsel .to the p . .. - 5 - MC-1l82 I , EXHIBIT "A" '-.. STATEMENT OF PROJECTS, PROGRAMS AND ACTIVITIES Central City Redevelopment proiect 1. American Cities Plan, including public improvements for Downtown Area and the Court Street Corridor from, E Street to Arrowhead and then north approximately to 5th Stree.t. .' 2. 'Revitalization and street scape plan for E Street Corridor from appr~ximately 2nd to 7th streets, iJlcluding beautification and improvement program. ,.. '- 3. High groundwater pumping and improvement program, including costs of pumping high groundwater and of constructing permanent. improvements in order to alleviate high groundwater problems. 4. Master city planning program,. including "Greater San Bernardino Plan", 5, Improvement proj ect for parking structure at 2nd and E 'Streets, including restriping, restructuring, re-signing and construction of access improvements. fi, "J" building lease, including option to purchase. - 6 - MC-1l82 7. Parking project and program for Downtown Area, including parking facilities adjacent to development of office structures pursuant to existing and projected disposition and development agreements. 8. Schurgin Disposition and Development Agreement,' including financial obligations thereunder. 9. Carel Disposition and Development Agreement, including improvement obligations thereunder. .10. .Orange Show Extension Proj ect, including street improvements, possible land acquisition, relocation, and other obligations in I . accordance with Orange Show Master Plan. rr 11. Demolition of Court and E Street site. '12. Obligations pertaining to fiscal impact bond refunding for. merged redevelopment project areas. 13. Obligations pursuant to Nicolay Note. 14. Legal services programs and obligations. 15. Obligations and reimbursements to fiscal agents pertinent to bond issues. 16. YWCA rehabilitation project. - 7 - MC-1l82 17. Redevelopment and public improvement obligations for ( redevelopment of Rialto, Mill, F and H Street site, including public improvements,streets, soils improvel\lents, utility under-grounding and other matters. 18. Obligations under Scott Note. 19. Obligations under Nicholson Note. 20. Obligations related to bond issuance programs. 21. Obligations .pertaining to issuance of parking facilities bonds. I f" 2;2. Obligations pertaining to issuance of fire station bonds. ~ 23. Obligations pertaining to issuance of library bonds. State Colleqe Redevelopment Project 1. Golf Course expansion project pursuant to existing agreement with Golf Course lessee. 2. Golf Course undercrossing project pertaining to expansion of Interstate 215 Freeway. 3. C & M Fine Pack Owner Participation Agreement obligations. - 8 - MC-1l82 , 4 . Co llege Parkway Agreement obligations. including offsite ~ improvements. 5. Obligations pertaining to bond issues. 6. Obligations pursuant to Darmor Owner Participation Agreement. including landscaping improvements. 7. Development of publiC improvements on Kindall Avenue near 40th Street pertaining to shopping center site redevelopment. ..- 8. Branch library project. including financing programs obligations. I ~ 9. Construction of storm drain facilities along University Parkway. i.. Southeast Industrial Park Redevelopment pro;ect 1. Obligations pursuant to Miles and Hall Disposition and Development Agreement. including flood control improvements. 2. Obligations pursuant to Janke Note. 3. Obligations and reimbursements to fiscal agents pertaining to bond issues. - 9 - MC-1l82 4. Auto Center Owner Participation Agreement, including obligations " thereunder, for site located at approximately Orange Show Road and Interstate 215. .5. Employment Linkage Project, including incentives .and reimbursements for creation of new jobs. 6. Marketing project, including advertising ,program to encourage redevelopment. , 7. Obligations pertaining to bond issUes. Central C~ty'North Redevelopment proiect. ( "--' 1. Obligations and reimbursements to fiscal agents pertaining to bond issues. 2. Obligations pertaining to Gabriel Note. . 3. Obligations pertaining to Schweitzer Note. 4. parking project, including development of parking structures for redevelopment area. 5. Obligations pursuant to bond issues. 6. Obligations pertaining to existing notes concerning Stater Bros. properties. - 10 - l l. MC-1l82 , , Central City West Redevelopment Proiect 1. Obligations pertaining to Swing Note. Miscellaneous 1. To the extent that the foregoing' p.rojects, programs and activities than one pertain to of the foregoing more redevelopment project the intends that Agency areas, responsibility for such projects, programs and activities be , borne by any and all applicable redevelopment project areas. 2. Financing start up costs for all of the foregoing redevelopment project areas. 3. Enterprise including those within the foregoing zones, redevelopment project areas, and including local incentive- programs and fee rebate programs. 4.. Funding and implementation of the City Employment Job Linkage Program, including the targeting of funding for employment development programs with participating companies, businesses and individuals either inside any of the redevelopment areas of the Agency or outside and of benefit to any of the redevelopment project areas of the Agency, for the purpose of providing employment opportunities to persOns of low- and very-low income. - 11 - .., MC-1182 , . } EXHIBIT -B- l STATEMENT OF EXISTING INTERPROJECT AREA LOANS AND OBLIGATIONS AS OF DECEMBER 31, 1985 DUE AND OWING AS OF JUNE 30, 1986 Central City North Redevelopment Project Principal amount of obligations -payable to Central City Redevelopment Project: $1,899,253 Central City West Redevelopment Project Principal amount of obligations payable to Central City Redevelopment Project: .' $707,440.00 North West Redevelopment Project ,Principal amount of obligations payable to Mortgage Finance: ( $377,606.00 -Principal amount of obligations payable to State College Redevelopment Project: $591,988.00 Tri-Citv Redevelopment Project Principal amount of obligations payable to South East Industrial Park Redevelopment Project: $584,450.00 .Uptown Redevelopment Project Principal amount of obligations payable to Central City Redevelopment Project: $323,420.00 South Valle Redevelopment project Payable amount of obligations payable to South East Industrial Park Redevelopment Project: $83,410.00 MC-1l82 ) EXHIBIT -A- STATEMENT OF PROJECTS, PROGRAMS AND.ACTIVITIES Central City Redevelopment Project 1. American Cities Plan, including public improvements for Downtown , Area and the Court Street Corridor from E Street to Arrowhead and then north approximately to 5th Street. " 2. Revitalization and street scape plan for E Street Corridor from approximately. 2nd to 7th streets. iqcluding beautification and improyement program. p ,- , 3. High 'groundwater pumping and improvement program, including costs of pumping high groundwater and of constructing permanent improvements in order to alleviate high groundwater problems. 4. Master city planning program, including -Greater San Bernardino Plan-. 5. Improvement project for parking structure at 2nd and E Streets, including restriping, restructuring, re-signing and construction of access improvements. 6. -J- building lease, including option to purchase. - 6 - MC-1l82 7. . Parking project and program for Downtown Area. including parking facilities adjacent to development of office structures pursuant to existing and projected disposition and development agreements. -8. Schurgin Disposition and Development Agreement. including financial obligations thereunder. 9. Carel Disposition and Development Agreement. including improvement obligations thereunder. , 10. Orange Show Extension Project. including street improvements. possi..ble -land acquisition. relocation'. and other obligations in . accordance with Orange Show Master Plan. r ~ 11. Demolition of Court and E Street site. 12. Obligations pertaining to fiscal impact bond re~unding for merged redevelopment project areas. 13. Obligations pursuant to Nicolay Note. 14. Legal services programs and obligations. 15. Obligations and reimbursements to fiscal agents pertinent to bond issues. 16. YwCA rehabilitation project. - 7 - .. MC-1l82 ) 17. Redevelopment and public improvement obligations for redevelopment of Rialto, Mill, F and H Street site, including public improvements, streets, soils improvements, uti 1 ity under-grounding and other matters. 18. Obligations under Scott Note. 19. Obligations under Nicholson Note. 20. Obligations related to bond issuance programs. .' 21. Obli~ati~ns pertaining to issuance of ~arking facilities bonds. '" ~2. Obligations pertaining to issuance of fire station bonds. 23. Obligations pertaining to issuance of library bonds. State College Redevelopment proiect 1. Golf Course expansion project pursuant to existing agreement with Golf Course lessee. 2. Golf Course undercrossing project pertaining to expansion of Interstate 215 Freeway. 3. C & M Fine Pack Owner Participation Agreement obligations. - 8 - MC-1l82 4. College Parkway Agreement obligations, including offsite improvements. .5.. Obligations pertaining to bond issues. 6. Obligations pursuant to Darmor Owner Participation Agreement, including landscaping improvements. 7. Oevelopment of public improvements on Kindall Avenue near 40th Street pertaining to shopping center site redevelopment. - 8. Branch library project, including finapcing programs obligat ions. ~ ,outheast Industrial Park Redevelopment Project "'" 1. Obligations pursuant to Miles and Hall Disposition and Development Agreement, including flood control improvements. 2. Obligations pursuant to Janke Note. 3. Obligations and reimbursements to fiscal agents pertaining to bond issues. 4. Auto Center Owner Participation Agreement, including obligations thereunder, for site located at approximately Orange Show Road and Interstate 215. - 9 - MC-1l82 5. Employment Linkage Project, including incentives and " reimbursements for creation of new jobs. 6. Marketing project, including advertising program .to encourage redevelopment. 7. Obligations pertaining to bond issues. Central City North Redevelopment Project L Obligations'and reimbursements to fiscal agents pertaining to I bond }Sslles. . 2. Obligations pertaining to Gabriel Note. 3. Obligations pertaining to Schweitzer Note. 4. Parking project, including development of parking structures for redevelopment area. 5. Obligations pursuant to bond issues. 6. Obligations pertaining to existing notes concerning Stater Bros. properties. - 10 - MC-1l82 \ , central City West Redevelopment Project 1. Obligations pertaining to Swing Note. Miscellaneous 1. To the extent that the foregoing projects, programs and acti vities pertain to more than one of the foregoing redevelopment project areas, the Agency intends that responsibility for such projects, programs and activities be borne by any and all applicable redevelopment project areas. . 2. Finail'cirig start up costs for all of the for'egoing redevelopment ~ project areas. --- 3. Enterprise zones, including those wi thin the foregoing redevelopment project areas, and including local incentive programs and fee rebate programs. 4. Funding and implementation of the City Employment Job Linkage Program, including the targeting of funding for employment development programs with participating companies, businesses and individuals either inside any of the redevelopment areas of the Agency or outside and of benefit to any of the redevelopment project areas of the Agency, for the purpose of providing employment opportunities to persons of low- and very-low income. - 11 -