HomeMy WebLinkAboutMC-1077
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Adopted: July IO, 2000
Effective: August 9, 2000
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ORDINANCE NO. Me-IOn
AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF
THE CITY OF SAN BERNAlUlINO, CALIFORNIA, APPROVING
AND ADOPTING THE REDEVELOPMENT PLAN FOR THE 40TH
STREET REDEVELOPMENT PROJECT
WHEREAS, the Redevelopment Agency of the City of San
7 Bernardino (the "Agency"), has formulated, prepared and approved the
8 Redevelopment Plan for the 40th Street Redevelopment proj ect (the
9 "Redevelopment Plan"); and
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WHEREAS, the Planning Commission of the City of San
12 Bernardino, California (the "Planning Commission"), has been requested
13 by the Community Development Commission of the City of San Bernardino,
14 as the governing board of the Agency (the "Community Development
15 Commission") to submit its report and recommendations to the Mayor and
16 Common Council,
and to recommend approval of the proposed
17 Redevelopment Plan; and
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WHEREAS, the Community Development Commission and the Common
20 Council have previously called upon interested persons to form a
21 Project Area Committee for the proposed 40th Street Redevelopment
22 Project and for such a Project Area Committee to submit its
23 recommendation to the Community Development Commission and the Common
24 Council relating to the adoption of the Redevelopment Plan and other
25 matters associated with the implementation of redevelopment activities
26 in the Project Area; and
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I WHEREAS, the Project Area Committee has unanimously voted
2 on May 16, 2000, to recommend the adoption of the Redevelopment Plan
3 subject to the limitations included in the Agency staff memorandum
4 dated May 2, 2000 which was addressed to the Project Area Committee
5 and the Project Area Committee has further unanimously voted on June
6 12, 2000 to affirm its recommendation to adopt the Redevelopment Plan
7 in the form as modified by motion of the Community Development
8 Commission on June 5, 2000, to limit the power of the Agency to
9 acquire certain lands situated along 41st Street as more particularly
10 described in Exhibit "0" of the Redevelopment Plan, by exercise of the
II power of eminent domain; and
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WHEREAS,
the Planning Commission has made certain
14 recommendations pursuant to the Planning Commission Resolution No.
15 2000-01, dated May 2, 2000, in which the Planning Commission finds
16 that the Redevelopment Plan is consistent with the General Plan of the
17 City of San Bernardino and recommends approval of the Redevelopment
18 Plan and the Final Environmental Impact Report for the 40th Street
19 Redevelopment Project (the "EIR"); and
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21 WHEREAS, the Community Development Commission has adopted
22 rules for owner participation and business re-entry for the lands and
23 businesses situated within the redevelopment project area boundaries
24 as more particularly described in the Redevelopment Plan (the "Project
25 Area"); and
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I WHEREAS, the Common Council has received the recommendations
2 of the Project Area Committee and the Planning Commission regarding
3 the EIR and the Common Council and the Community Development
4 Commission have reviewed the EIR, and, following a full and fair
5 public hearing thereon, the Common Council and the Community
6 Development Commission have certified the EIR in connection with the
7 adoption of the Redevelopment Plan; and
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9 WHEREAS, pursuant to public notice duly given, a full and
10 fair public hearing has been held on the Redevelopment Plan and the
II EIR; and
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13 WHEREAS, the Community Development Commission has adopted
14 its Resolution No. 2000-16, dated June 5, 2000 entitled:
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"Resolution of the Community Development Commission of the
City of San Bernardino Making Certain Findings With Respect
to the Use of Low- and Moderate-income Housing Funds in
Connection with the Redevelopment Plan for the 40th Street
Redevelopment Project and Requesting the Mayor and Common
Council to Concur in Such Findings"
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22 WHEREAS, the Community Development Commission has adopted
23 its Resolution entitled:
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"Resolution of the Community Development Commission of the
City of San Bernardino Approving the Redevelopment Plan for
the 40th Street Redevelopment Project, Approving the
Redevelopment Implementation Plan for the 40th Street
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; and
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Redevelopment Project; and Certifying the
Environmental Impact Report and Mitigation Monitoring
for the 40th Street Redevelopment Project"
Final
Plan
WHEREAS, the above entitled Resolutions of the Community
Development Commission have been transmitted to the Common Council;
and
WHEREAS, the Common Council has adopted its Resolution No.
2000-13, dated June 5, 2000 entitled:
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19 entitled:
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"Resolution of the Mayor and Common Council of the City of
San Bernardino Making Certain Findings With Respect to the
Use of Low and Moderate Income Housing Funds in Connection
Wi th the Redevelopment Plan for the 40th Street
Redevelopment Project"
WHEREAS, the Common Council has adopted its Resolution
"Resolution of the Mayor and Common Council of the City of
San Bernardino, California Consenting to Payment by the
Redevelopment Agency of the City of San Bernardino for the
Design, Construction and Financing of Certain Public
Improvements for the 40th Street Redevelopment proj ect
Pursuant to Health and Safety Code Section 33445 and Making
Certain Determinations With Respect to Such Public
Improvements"
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WHEREAS, the Common Council has adopted its Resolution
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"Resolution of the Mayor and Common Council of the City of
San Bernardino, California Consenting to Certifying the
Final Environmental Impact Report and Mitigation Monitoring
Plan for the 40th Street Redevelopment Project"
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WHEREAS,
all actions required with respect to the
10 Redevelopment Plan by the Community Redevelopment Law, being found as
II Section 33000, et ~., of the Health and Safety Code, the California
12 Environmental Quality Act of 1970, as amended ("CEQA"), and other
13 applicable laws have been taken in an appropriate and timely manner.
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15 BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
16 BERNARDINO, CALIFORNIA, AS FOLLOWS:
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Section 1.
The Redevelopment Plan as approved by the
19 Community Development Commission and transmitted to the Common Council
20 by one of the above referenced resolutions of the Community
21 Development Commission, is hereby adopted and incorporated herein by
22 this reference and made a part hereof, as if set out fully herein.
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Section 2.
The purposes and intentions of the Common
25 Council with respect to the adoption of the Redevelopment Plan are to:
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1.
Eliminate the conditions of blight existing on the lands
included within the Project Area;
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Ensure to the greatest possible extent that the causes of
blighting conditions on the lands included wi thin the
Project Area will be either eliminated or protected
against;
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Provide participation opportunities for owners and business
tenants in the Project Area, subject to the overall
redevelopment objectives of the Redevelopment Plan;
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Encourage and ensure the redevelopment of the lands and
improvements included in the Project Area;
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Encourage and foster the economic revitalization of the
lands included in the Project Area;
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Finance and construct the public improvements described in
the Redevelopment Plan and attachments thereto; and
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Implement the goals and objectives of the General Plan of
the City of San Bernardino, California (the "General Plan")
in the Project Area.
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Section 3.
The Common Council hereby designates the
2 Redevelopment Plan as incorporated by reference pursuant to Section 1
3 hereof, as the official Redevelopment Plan for the 40th Street
4 Redevelopment Project.
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The Common Council
hereby
finds
and
Section 4.
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1.
The following physical and economic conditions exist within
the Project Area, as stated in the Report to the Common
Council, dated June, 2000, prepared in accordance with
Health and Safety Code Section 33352 as on file with the
City Clerk:
(a) Aging
and
deteriorating
buildings
requiring
extensive
rehabilitation
substantial
re-
or
construction
to correct
serious
building
code
violations;
(b) Aging and deteriorating buildings of defective or
substandard design or construction;
(c) Limited economically viable use or capacity of parcels
due to inadequate utilities and public infrastructure
(with emphasis on storm drainage, water, sewer and
traffic circulation facilities);
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(d) Limited economically viable use or capacity of parcels
due to multiple ownerships and substandard site design
involving inadequate traffic circulation, access, and
truck loading areas, and a shortage of on-site
parking;
(e) Limited economically viable use or capacity of
size
and
subdivided
to
substandard
lots
due
irregularly-shaped parcels;
(f) Depreciated or stagnant property values;
(g) Abnormally high business vacancy rates and high
turnover rates; and
(h) Residential overcrowding resulting from an inadequate
supply of affordable housing; and
(i) The existence and community perception of higher rates
of crime in the proj ect Area than elsewhere in the
community.
Such conditions as set forth above together with the
information included in the Joint Public Hearing Document
Binder as submitted to the Common Council as of June 5,
2000, are the basis for the Common Council hereby finding
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and determining that the lands included within the Project
Area are predominantly urbanized and that such lands are
blighted areas, and that the redevelopment of these lands
is necessary to effectuate the public purposes set forth in
the Community Redevelopment Law.
These conditions cause
deterioration and a lack of proper utilization of the lands
included within the Project Area to such an extent that
they constitute serious physical, social and economic
burdens on the City which cannot reasonably be expected to
be reversed or alleviated either by private enterprise
acting alone or by the City without the assistance of
community redevelopment powers;
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The Redevelopment Plan will provide for the redevelopment
of the lands included within the Project Area in conformity
with the Community Redevelopment Law and in the interest of
the public peace, health, safety and welfare;
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The adoption and implementation of the Redevelopment Plan
is economically sound and feasible;
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The Redevelopment Plan is consistent with the General Plan,
including but not limited to the community's housing
element;
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5.
The carrying out of the Redevelopment Plan will promote the
public peace, health, safety and welfare of the City and
will effectuate the purposes and policies of the Community
Redevelopment Law;
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The condemnation of real property within the Project Area
as provided in the Redevelopment Plan (excluding real
property upon which persons reside situated along 41st
Street as more particularly identified in Exhibit "Dff of
the Redevelopment Plan for which condemnation is not
authorized)
is necessary for the execution of the
Redevelopment Plan and adequate provisions have been made
for payment for property to be acquired as provided by law;
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Although it is not currently anticipated that any
residential displacement will occur as a result of the
implementation of the Redevelopment Plan within the first
five (5) years following the adoption of the Redevelopment
Plan, the Agency has a feasible method or plan for the
relocation of any families and persons who may be displaced
from the proj ect Area if such displacement may in fact
occur;
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Although it is not currently anticipated that any
residential displacement will occur as a result of the
implementation of the Redevelopment Plan within the first
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five (5) years following the adoption of the Redevelopment
Plan, there are or shall be provided in areas not generally
less desirable with regard to public utilities and public
and commercial facilities and at rents or prices within the
financial means of the families and persons who may be
displaced from the Project Area, decent, safe and sanitary
dwellings equal in number to the number of dwellings within
the Project Area and available to such displaced families
and persons and reasonably accessible to their places of
employment;
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Although it is not currently anticipated that any
residential displacement will occur as a result of the
implementation of the Redevelopment Plan within the first
five (5) years following the adoption of the Redevelopment
Plan, families and persons shall not be displaced prior to
the adoption of a relocation plan and dwelling units
housing persons and families of low or moderate income
shall not be removed or destroyed prior to adoption of a
replacement housing plan;
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situated at the northwesterly corner of the extension of
48th Street and Waterman Avenue is either blighted or
necessary for effective redevelopment of the Project Area
and is not included for the purpose of obtaining the
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allocation of taxes from any such area pursuant to Health
and Safety Code Section 33670 without other substantial
justification for its inclusion;
11. The inclusion of any lands, buildings or improvements in
the Project Area which are not detrimental to the public
health, safety or welfare, is necessary for the effective
redevelopment of the areas within the Project Area, and any
such lands, buildings or,
improvements included are
necessary for effective redevelopment and are not included
for the purpose of obtaining the allocation of tax
increment revenues from such areas pursuant to Health and
Safety Code Section 33670 without other substantial
justification for their inclusion;
12. The elimination of blight and the redevelopment of the
Project Area could not be reasonably expected to be
accomplished by private enterprise acting alone or by the
City without the aid and assistance of the Agency through
the community redevelopment process;
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13. The effect of tax increment financing will not cause a
significant financial burden or detriment on any taxing
agency deriving revenues from the proj ect Area and the
provisions for Health and Safety Code Section 33607.5 are
applicable to the Redevelopment Plan;
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I 14. The Project Area is predominantly urbanized as defined by
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Health and Safety Code Section 33320.5 (b)
and as
established pursuant to the Resolutions referenced in the
Recitals hereof;
6 15. The time limitation and the limitation on the number of
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dollars to be allocated to the Agency contained in the
Redevelopment Plan are reasonably related to the proposed
projects to be implemented in the Project Area and to the
abili ty of the Agency to eliminate blight wi thin the
Project Area; and
13 16. The materials included in the Joint Public Hearing Document
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Binder under Tab 4 provide the basis for the foregoing
findings of the Common Council.
Section 5.
The Common Council is satisfied that
18 permanent housing facilities shall be available within four (4) years
19 from the time residential occupants of the proj ect Area may be
20 displaced, and that pending the development of such facilities, there
21 will be available to such displaced residential occupants adequate
22 temporary housing facilities at rents comparable to those in the
23 community at the time of their displacement.
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Section 6.
The Common Council is convinced that the
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which will finance the
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I redevelopment activities, as provided in the Redevelopment Plan in
2 whole or in part, will not cause a severe financial burden or
3 detriment on any taxing agency deriving tax revenues from the areas
4 within the Project Area.
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Section 7.
Those taxes allocated to the Agency pursuant
7 to Health and Safety Code Section 33670 with respect to the Project
8 Area shall be paid to the Agency, except as otherwise provided in
9 Section 33607.5 and, except as further hereinafter noted, shall be
10 allocated to and when collected shall be paid into a special fund of
II the Agency to pay the principal of and interest on loans, moneys
12 advanced to, or indebtedness (whether funded, refunded, assumed, or
13 otherwise) incurred by the Agency to finance or refinance, in whole
14 or in part, the implementation of the Redevelopment Plan. Unless and
15 until the total assessed valuation of the taxable property in the
16 Project Area exceeds the total assessed value of the taxable property
17 in the proj ect Area as shown by the applicable last equalized
18 assessment roll, all of the taxes levied and collected upon the
19 taxable property in the Project Area shall be paid into the funds of
20 the respective taxing agencies.
When said loans, advances and
21 indebtedness, if any, and interest thereon, have been paid, all moneys
22 thereafter received from taxes upon the taxable property in the
23 Project Area shall be paid into the funds of the respective taxing
24 agencies as taxes on all other property are paid.
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Section 8.
A full and fair public hearing having been
2 held on the Redevelopment Plan and the certification of the EIR as
3 stated in the recitals herein, and the Common Council having
4 considered all evidence and testimony for and against the adoption of
5 the Redevelopment Plan and all written and oral objections thereto,
6 as well as the Response to Written Objections as submitted at the
7 meeting at which this Ordinance was introduced, and this Common
8 Council being fully advised in the premises, all written and oral
9 objections to the Redevelopment Plan are hereby overruled.
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Section 9.
In order to facili ta te and implement the
12 Redevelopment Plan, which is hereby approved and adopted, certain
13 official actions must be taken by the City. The Common Council hereby
14 declares its intention to undertake and complete any proceedings
15 necessary to be carried out by the City under the provisions of the
16 Redevelopment Plan, including without limitation, changes in zoning,
17 the location and relocation of public facilities, and other similar
18 public actions. Pursuant thereto, and without limitation, the Common
19 Council hereby:
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1.
Pledges its cooperation in helping to carry out the
Redevelopment Plan; and
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Directs the various officials, departments, boards and
agencies of the City having administrative responsibilities
in the premises likewise to cooperate to such end and to
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I that the site for which a building permit is sought for the
2 construction of buildings or for other improvements is within a
3 redevelopment project area.
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Section 14.
The City Clerk is hereby directed to
6 transmit, on or before five (5) calendar days from, and after the
7 second reading of this Ordinance: (i) a copy of the description and
8 statement recorded by the City Clerk pursuant to Section 12 of this
9 Ordinance; (ii) a copy of this Ordinance; and (iii) a map or plat
10 indicating the territory encompassed by the areas included in the
II proj ect Area, to the following parties: (1) the Auditor and Assessor
12 of San Bernardino County, (2) the officer or officers performing the
13 functions of the auditor or assessor for any taxing agencies which,
14 in levying or collecting taxes which do not use the county assessment
15 roll or do not collect taxes through San Bernardino County; (3) the
16 governing body of each of the taxing agencies which levies taxes upon
17 any property in the areas within the Project Area; and (4) the State
18 Board of Equalization.
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Section 15.
The City Clerk shall notify the Building
21 Department of the City by a writing transmitted thereto that the
22 Redevelopment Plan has been adopted.
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Section 16.
The City Clerk shall transmit a copy of this
25 Ordinance to a newspaper of general circulation for publication in the
26 manner required by law.
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exercise their respective functions and powers in a manner
consistent with said Redevelopment Plan.
Section 10.
The Common Council may by separate action,
5 authorize loans of available funds of the City to the Agency and may
6 in its discretion authorized the expenditure of funds of the City from
7 time to time, in accordance with the applicable provisions of the
8 Redevelopment Plan.
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Section 11.
The City Clerk is hereby directed to transmit
11 a certified copy of this Ordinance to the Agency, and the Agency,
12 acting through the Community Development Commission as its governing
13 board, is hereby vested with the responsibility for carrying out the
14 Redevelopment Plan.
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Section 12.
The City Clerk is hereby directed to record
17 with the County Recorder of San Bernardino County (the "County
18 Recorder") a description of the land within the Project Area and a
19 statement that proceedings for the redevelopment of the areas included
20 wi thin the proj ect Area have been instituted under the Community
21 Redevelopment Law.
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Section 13.
The City Administrator and appropriate City
24 Staff are hereby directed, for a period of two (2) years after the
25 effective date of this Ordinance, to advise all applicants for
26 building permits within the areas included within the Project Area
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Section 17.
In case anyone or more of the provisions of
this Ordinance shall for any reason be held to be illegal or invalid,
such illegality or invalidity shall not affect any other provision of
this Ordinance but this Ordinance shall be construed and enforced as
if such illegal or invalid provision had not been contained herein.
Section 18.
This Ordinance shall become effective thirty
(30) days after its passage and adoption.
PASSED, APPROVED and ADOPTED this 10th day of July
2000 by the following vote:
Council:
ESTRADA
LIEN
MCGINNIS
SCHNETZ
SUAREZ
ANDERSON
McCAMMACK
NAYS
ABSTAIN
ABSENT
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X
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Cit Clerk
20 of July
The foregoing ordinance
2000.
reby appro~d this
,{C~
h alles, Mayor
of San Bernardino
11th
day
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23 Approved as to form and legal co
24 By:
City Attorney
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