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HomeMy WebLinkAboutMC-527 . . ((5'-/ SBE074-l2/l730S/sg 05-23-86 ORDINANCE NO. MC-527 AN ORDINANCE OF THE MAYOR AND COMMON THE CITY OF SAN BERNARDINO, CALIFORNIA, AND ADOPTING THE REDEVELOPMENT PLAN UPTOWN REDEVELOPMENT PROJECT COUNCIL OF APPROVING FOR THE WHEREAS, the Community Development Commission of the City of San Bernardino (the "Commission") as the governing body of the Redevelopment Agency of the City of San Bernardino (the "Agency"), has formulated, prepared and approved the Redevelopment Plan for the Uptown Redevelopment Project (the "Redevelopment Plan"); and WHEREAS, the Planning Commission of the City of San Bernardino, California (the "Planning Commission"), has been requested pursuant to a duly adopted Resolution of the Commission to submit its report and recommendations to the Mayor and Common Council of the City of San Bernardino, California (the "Council"), and to recommend approval of the proposed Redevelopment Plan; and WHEREAS, the Planning Commission has made certain recommendations pursuant to a Resolution adopted by the Planning Commission on May 19, 1986, In which the Planning Commission recommended approval of the Redevelopment Plan and the Final Environmental Impact Report for the Uptown Redevelopment Project; and WHEREAS, the Ci ti zens' Advisory Committee (Uptown Redevelopment Project) has reviewed the Redevelopment Plan and has recommended the adoption thereof; and - 1 - Me-527 WHEREAS, the Agency has adopted rules for owner participation and business re-entry for the redevelopment project area of the Uptown Redevelopment Project (the "Project Area"); and WHEREAS, the Commission has prepared and offered for review a Draft Environmental Impact Report (the "Draft EIR") regarding the Redevelopment Plan, and the Planning Commission of the City has reviewed said Draft EIR and recommended the certification thereof; and WHEREAS, the Council has received the recommendations of the Planning Commission regarding the Draft EIR and the Council and the Agency have reviewed the Draft EIR, and, following a full and fair public hearing thereon, the Commission and the Council have certified the EIR in connection wi th the adopt ion of the Redevelopment Plan; and WHEREAS, pursuant to public notice duly given, a full and fair public hearing has been held on the Redevelopment Plan and the Draft EIR; and WHEREAS, the Commission has adopted its Resolution entitled: "Resolution of the Community Development Commission of the City of San Bernardino Making Certain Findings With Respect to Blight Within the Redevelopment Project Area of the Uptown Redevelopment Project and Approving An Assessment of Conditions Report" and - 2 - . MC-52~ WHEREAS, the Commission has adopted its Resolution entitled: "Resolution of the Community Development Commission of the City of San Bernardino Approving the Redevelopment Plan for the Uptown Redevelopment Project, the Redevelopment Plan Report Certifying the Final EIR for the Uptown Redevelopment Project and Making Certain Recommendations With Respect to Low-and Moderate-Income Housing" and WHEREAS, the above entitled Resolutions were transmitted to the Counci I; and WHEREAS, the Council has adopted its Resolution entitled: "Resolution of the Mayor and Common Counci I of the City of San Bernardino, California, Approving the Redevelopment Plan for the Uptown Redevelopment Project, the Redevelopment Plan Report and Certifying the Final EIR for the Uptown Redevelopment Project and Making Certain Findings With Respect to Low-and Moderate-Income Housing" ; and WHEREAS, after consultations with the Agency, the City of San Bernardino, California (the "City"), the County of San Bernardino (the "County") and various affected taxing agencies, several of said affected taxing agencies have agreed to the allocation of taxes and the other financial provisions as specified in the Redevelopment Plan and Section 7 hereof; and . WHEREAS, all actions required with respect to the Redevelopment Plan by the Community Redevelopment Law, being found as Section 33000, et ~., of the Health and Safety Code, the - 3 - Me-527. California Environmental Quality Act of 1970, as amended ("CEQA"), and other applicable laws have been taken in an appropriate and timely manner. NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BENARDINO, CALIFORNIA, DO ORDAIN AS FOLLOWS: Section 1. The Redevelopment Plan as transmitted to the Council by one of the above referenced Resolutions of the Commission, IS hereby adopted and incorporated herein by this reference and made a part hereof, as if set out fully herein. Sect ion 2. The purposes and intent of the Counci 1 wi th respect to the adoption of the Redevelopment Plan are to: 1. Eliminate the conditions of blight existing in the areas included with in the redevelopment project area boundaries of the Project Area; 2. Ensure to the greatest possible extent that the causes of blighting conditions in the areas included within the project Area will be either eliminated or protected against; 3. Provide participation opportunities for owners aod business tenants in the areas included in the Project Area subject to the overall redevelopment objectives of the Redevelopment Plan; - 4 - ,---- MC-527 4 . Encourage and ensure the redevelopment of the areas included in the Project Area; 5. Encourage and foster the economic revitalization of the areas included in the Project Area; 6. Finance and construct the public improvements described in Section V.F.l.f., of the Redevelopment Plan; and 7. Implement the goals and objectives of the General Plan of the City of San Bernardino, California (the "General Plan"). Section 3. The Council hereby designates Redevelopment Plan as incorporated by reference pursuant the to Section 1 hereof, as the official Redevelopment Plan for the Uptown Redevelopment Project. Section 4. The Council hereby finds and determines that: 1. The following physical and economic conditions exist within the Project Area, as stated in the Report to the Council, dated May, 1986, prepared in accordance with Health and Safety Code Section 33352 as on file with the City Clerk: . (a) The subdividing and sale of lots of irregular form and shape and inadequate size for proper usefulness and development; - 5 - Me-52? (b) The laying out of lots in disregard of the contours and other topography or physical characteristics of the ground and surrounding conditions; (c) The existence of inadequate public improvements, public facilities, open spaces, and utilities which cannot be remedied by private or governmental action without redevelopment; and (d) A prevalence of depreciated values, impaired investments, and social economic maladjustment. Such conditions as set forth above are the basis for the Council hereby finding and determining that the areas included within the Project Area are predominantly urbanized and are blighted areas, and that the redevelopment of these areas 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 areas 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 redevelopment; - 6 - MC'-527 2. The Redevelopment Plan will redevelop the areas included wi thin the Proj ect Area in conformi ty with the Communi ty Redevelopment Law and in the interest of the public peace, health, safety and welfare; 3. The adoption and implementation of the Redevelopment Plan is economically sound and feasible; 4. The Redevelopment Plan conforms to the General Plan; 5. The carrYlng out of the Redevelopment Plan will promote the public peace, health, safety and welfare of the City and will effectuate the purposes and policy of the Community Redevelopment Law; 6. The condemna t ion of rea 1 property wi thin the Proj ect Area 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; 7. The Agency has a feasible method or plan for the relocation of any families and persons who may be displaced from the Project Area; . 8. There are or are being provided in areas not generally less desirable with regard to public utilities and public and - 7 - Me-527 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 and available to such displaced families and persons and reasonably accessible to their places of employment; 9. All noncontiguous areas of the Project Area are either blighted or necessary for effective redevelopment of the Project Area and are not included for the purpose of obtaining the allocation of taxes from any such area pursuant to Health and Safety Code Section 33670 without other substantial justification for its inclusion; 10. 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 justification for their inclusion; other substantial . 11. The elimination of Project Area could blight no t be and the redevelopment reasonably expected of to the be - 8 - Me-527 accomplished by private enterprise acting alone or by the Ci ty wi thout the a id and ass i stance of the Agency through the redevelopment process; and 12. The effect of tax increment financing wi 11 not cause a significant financial burden or detriment on any taxing agency deriving revenues from the Project Area and to the extent that such a taxing agency can demonstrate the presence of a significant financial burden or detriment, the Redevelopment Plan authorizes the Agency to provide for the mitigation of such detriment in accordance with Health and Safety Code Section 33401. Section 5. The Council is satisfied that permanent housing facilities be available within three (3) years from the time residential occupants of the Project Area may be displaced, and that pending the development of such facilities, there will be available to such displaced residential occupants adequate temporary housing facilities at rents comparable to those in the community at the time of their displacement. Section 6. The Council is convinced that the effect of tax increment financing, which will finance the redevelopment activities, in whole or in part, will not cause a severfil financial burden or detriment on any taxing agency deriving tax revenues from the areas within the Project Area as set forth in Section 7 hereof. - 9 - Me-527 Section 7. Those taxes allocated to the Agency pursuant to Health and Safety Code Section 33670 with respect to the Project Area shall be paid to the Agency, except as may be qualified in accordance with Health and Safety Code Section 33401 by agreements, if any, by and between the Agency and any other affected taxing agency to the extent the findings and determinations as required pursuant to said Section may be made by the Agency, and, except as further hereinafter noted, shall be allocated to and when collected shall be paid into a special fund of the Agency to pay the principal of and interest on loans, moneys advanced to, or indebtedness (whether funded, refunded, assumed, or otherwise) incurred by the Agency to finance or refinance, in whole or ln part, the implementation of the Redevelopment Plan. Unless and until the total assessed valuation of the taxable property in the Project Area exceeds the total assessed value of the taxable property in the Project Area as shown by the applicable last equalized assessment roll, all of the taxes levied and collected upon the taxable property in the Project Area shall be paid into the funds of the respective taxing agencies. When said loans, advances and indebtedness, if any, and interest thereon, have been paid, all moneys thereafter received from taxes upon the taxable property in the Project Area shall be paid into the funds of the respective taxing agencies as taxes on all other property are paid. . Section 8. A full and fair public hearing having been held on the Redevelopment Plan, as stated in the recitals herein, and the Council having considered all evidence and testimony for and - 10 - MC.,.S27 against the adoption of the Redevelopment Plan and all written and oral objections thereto, and this Council being fully advised in the premises, all written and oral objections to the Redevelopment Plan are hereby overruled. Section 9. In order to facilitate and implement the Redevelopment Plan, which 1S hereby approved and adopted, certain official actions must be taken by the City. The Council hereby declares its intention to undertake and complete any proceedings necessary to be carried out by the City under the provisions of the Redevelopment Plan, including without limitation, changes in zoning, the location and relocation of public facilities, and other similar public actions. Pursuant thereto, and without limitation, the Council hereby: 1. Pledges its cooperation in helping to carry out the Redevelopment Plan; 2. 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 exercise their respective functions and powers in a manner consistent with said Redevelopment Plan; and . 3. Agrees that any agreements, deeds or leases submitted by the Agency to the Council for its approval or disapproval will be deemed approved if not acted upon within thirty (30) days after submission to the Council. - 11 - ,-- Me-527 Section 10. The Council may authorize loans of funds to the Agency and may expend funds of the Ci ty from time to time, In accordance with the applicable provisions of the Redevelopment Plan. Sect ion 11. The Ci ty Clerk is hereby di rected to send a certified copy of this Ordinance to the Agency, and the Agency is hereby vested with the responsibility for carrying out the Redevelopment Plan. Sect ion 12. The Ci ty Clerk is hereby di rected to record with the County Recorder of the County of San Bernardino (the "County Recorder") a description of the land within the Project Area and a statement that proceedings for the redevelopment of the areas included within the Project Area have been instituted under the Community Redevelopment Law. Section 13. The City Manager and appropriate City Staff are hereby directed, for a period of two (2) years after the effective date of this Ordinance, to advise all applicants for building permits within the areas included within the Project Area that the site for which a building permit is sought for the construction of buildings or for other improvements is within a redevelopment project area. . Section 14. The City transmit, on or before five (5) second reading of this Ordinance: Clerk is hereby directed to calendar days from and after the (i) a copy of the description and - 12 - Me-527 statement recorded by the City Clerk pursuant to Section 12 of this Ordinance; (ii) a copy of this Ordinance; and (iii) a map or plat indicating the territory encompassed by the areas included In the Project Area, to the following parties: (1) the Auditor and Assessor of the County of San Bernardino; (2) the officer or officers performing the functions of the auditor or assessor for any taxing agencies which, in levying or collecting taxes which do not use the county assessment roll or do not collect taxes through the County of San Bernardino; (3) the governing body of each of the taxing agencies which levies taxes upon any property in the areas within the Project Area; and (4) the State Board of Equalization. Section 15. The City Clerk shall notify the Building Department of the City by a writing transmitted thereto that the Redevelopment Plan has been adopted. Section 16. The City Clerk shall transmit a copy of this Ordinance to The Sun for publication as required by law. 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. - 13 - I HEREBY CERTIFY adopted by the Mayo r San Bernardino at a he Id on the 1 fit-h the following vote, to Me-527 that the foregoing and Common Counc i 1 regular day of wit: ordinance of the meeting was duly Ci ty of thereof, 1985, by AYES: Council Members Estrada, Reilly, Hernandez, Quiel, NAYS: ABSENT: day of The foregoing ,Tllnp. Approved as to form: ~~~ City Attorney June Strickler None Council Members Marks, Frazier ~&-'~Jb Ci t"y Clerk Ordinance is , 1986. hereby approved this 18th a 'jJ!L1~ zJ~ 'y" of 'he City" . San Bernardino - 14 - .