HomeMy WebLinkAboutMC-1182
Adopted: September 7, 2004
Effective: October 8, 2004
ORDINANCE NO. MC-l182
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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
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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
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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
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WHEREAS, the Community Development Commission of the City of San Bernardino
(the "Commission") is the governing board of the Agency; and
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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
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WHEREAS, the Common Council has subsequently adopted amendments to the
Redevelopment Plan for the Central City North Redevelopment Project as follows:
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(i) Common Council Ordinance No. MC-56l on December 8,1986;
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(ii) Common Council Ordinance No. MC-7l9 on April 2, 1990;
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(iii) Common Council Ordinance No. MC-920 on December 19, 1994; and
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(iv) Common Council Ordinance No. MC-1154.
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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
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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
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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
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and updating certain provisions of the Redevelopment Plan relating to affordable housing in
accordance with current provisions of the CRL; and
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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
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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
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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:
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"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
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WHEREAS, the Commission has adopted its resolution entitled:
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"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
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PROJECT AND APPROVING THE 2004 AMENDED AND RESTATED EMINENT
DOMAIN AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE CENTRAL
CITY NORTH REDEVELOPMENT PROJECT"; and
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WHEREAS, all legal prerequisites to the passage of this Ordinance have occurred and
been taken in accordance with applicable law.
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NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO DO ORDAIN AS FOLLOWS:
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SECTION 1. The facts set forth in the Recitals of this Ordinance are true and correct
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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.
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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
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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
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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)
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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)
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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.
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(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
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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
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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.
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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.
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f.
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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.
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The elimination of blight and the redevelopment of the Project Area in the
absence of the 2004 Amended and Restated Redevelopment Plan is not
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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.
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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.
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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.
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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
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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
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expenditure of money to implement the Amended Plan.
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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
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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.
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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
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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:
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Council Members: Ayes Nays Abstain Absent
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ESTRADA --X-
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LONGVILLE x
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MCGINNIS X
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DERRY X
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KELLEY X
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JOHNSON X
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MC CAMMACK ~
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17 Rae I G. Clark, City Clerk
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Approved as to form and Legal Content:
September
,2004.
18 The foregoing ordinance is hereby approved this 9th
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By:
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. y Attorney
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EXHIBIT "A"
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2004 Amended and Restated Redevelopment Plan for the
Central City North Redevelopment Project
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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
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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".
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. "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,
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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;
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(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;
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(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.
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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
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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.
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(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
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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
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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.
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(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,
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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.
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(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.
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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:
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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
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(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.\
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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
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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
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(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
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(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
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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
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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
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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"
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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
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MC-1l82
!
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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
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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:
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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
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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
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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
.
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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.
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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.
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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.
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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.
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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.
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MC-1l82
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,
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.
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MC-1182
,
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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.
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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.
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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.
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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.
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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 -