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HomeMy WebLinkAboutMC-387 MC-381 2,106-29/860 6/24/84 ORDINANCE NO. MC-387 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO CALIFORNIA, APPROVING AND ADOPTING THE REDEVELOPMENT PLAN FOR THE SOUTH VALLE REDEVELOPMENT PROJECT WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency"), has formulated, prepared and approved the Redevelopment Plan for the South Valle Redevelopment Project (the "Redevelopment Plan"); and WHEREAS, the Planning Commission of the City of San Bernardino (the "Planning Commission") has been requested pursuant to a duly adopted Agency Resolution to submit its report and recommendations to the Council, and to recommend approval of the proposed Redevelopment Plan; and WHEREAS, the Planning Commission submitted a report and recom- mendations pursuant to its Resolution No. 84-4, adopted by the Planning Commission on June 19, 1984, in which the Planning Commission recommended approval of the proposed Redevelopment Plan and the Final Environmental Impact Report for the South Valle Redevelopment Project (SCH #84031207); and WHEREAS, the Agency has adopted rules for owner participation and business re-entry in the South Valle Redevelopment Project (the "Project Area"); and WHEREAS, the Agency has prepared and offered for review a Draft Environmental Impact Report ("Draft EIR") regarding the Redevelopment Plan, and the Environmental Review Committee of the City and the Planning Commission have reviewed said Draft EIR and recommended the certification thereof; and WHEREAS, the Mayor and the Common Council (the "Council") has received the recommendations of the Environmental Review Committee and the Planning Commission and the Council and the Agency have reviewed said Draft EIR, and, following a full and fair pUblic hearing thereon, the Agency .and the Council have certified a Final EIR in connection with the adoption 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 Agency has adopted its Resolution entitled: "Resolution of the Redevelopment Agency of the City of San Bernardino Making Certain Findings With Respect to Blight Within the Project Area of the South Valle Redevelopment Project" ; and -1- MC-387 WHEREAS, the Agency has adopted its Resolution entitled: "Resolution of the Redevelopment Agency of the City of San Bernardino Approving the Redevelopment Plan for the South Valle Redevelopment Project, the Redevelopment Plan Report and Certifying the Final EIR" ; and WHEREAS, the above entitled Resolutions were transmitted to the Council; and WHEREAS, the Council has adopted its Resolution entitled: "Resolution of the Mayor and Common Council of the City of San Bernardino, California, Approving the Redevelopment Plan for the South Valle Redevelopment Project, the Redevelopment Plan Report and Certifying the Final EIR"; ; and WHEREAS, after consultations with the Agency, the City of San Bernardino, the County of San Bernardino 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, the California Environmental Quality Act of 1970, as amended, 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 BERNARDINO, CALIFORNIA, DOES ORDAIN AS FOLLOWS: Section 1. The Redevelopment Plan for the South Valle Redevelopment Project as transmitted to the Council by one of the above referenced Agency Resolutions, is hereby adopted and incorporated herein by this reference and made a part hereof, as if set out fully herein. Section 2. The purposes and intent of the Council with respect to the adoption of the Redevelopment Plan are to: 1. Eliminate the conditions of blight existing in the areas included within 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 for owners and business tenants in the areas included in the Project Area; - 2 - MC-387 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 IV(F)(2) of the Redevelopment Plan; 7. Implement the goals and objectives of the General Plan of the City of San Bernardino. Section 3. The Council hereby designates the Redevelopment Plan as incorporated by reference pursuant to Section 1 hereof, as the official Redevelopment Plan for the South Valle 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 Mayor and Common Council, dated June, 1984, prepared in accordance with Health and Safety Code Section 33352 as on file with the City Clerk: (a) Economic dislocation, deterioration or disuse which has resulted from faulty planning; (b) Inadequate public improvements, public facilities, open spaces and utilities which cannot be remedied by private or governmental action without redevelopment; (c) A prevalence of depreciated values, impaired investments and economic maladjustments; (d) The existence of tracts of land which are subject to being submerged by flood waters; and (e) The lack of proper utilization of the Project Area to such an extent that it constitutes a serious burden to the community. 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. - 3 - MC-387 2. The Redevelopment Plan for the South Valle Redevelopment Project will redevelop the areas included within the Project Area in conformity with the Community Redevelopment Law and in the interest of the pUblic peace, health, safety and welfare; 3. The adoption and implementation of the Redevelopment Plan is eco- nomically sound and feasible; 4. The Redevelopment Plan conforms to the General Plan of the City of San Bernardino; 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 policy of the Community Redevelopment Law; 6. Adoption of the Redevelopment Plan will not result in the temporary or permanent displacement of any occupants of housing facilities in the areas included in the Project Area which would require a feasible method or plan for the relocation of families and persons displaced from said areas; 7. No families or persons will be displaced by the redevelopment of the areas included within the Project Area requiring the provision in the Project Area or in other 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 displaced from the areas included in 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; 8. Each part of the Project Area is necessary for effective redevelopment of the Project and is not included for the purpose of obtaining the allocation of taxes from any such area pursuant to Section 33670 of the Health and Safety Code, without other substantial justification for its inclusion; 9. 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 Section 33670 of the Health and Safety Code without other substantial justification for their inclusion; and 10. 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 redevelopment process. -4- MC-387 Section 5. There are no occupants of the areas within the Project Area who will be displaced by redevelopment activities which would require that the Council be satisfied that permanent housing facilities be available within three (3) years from the time occupants of the areas within the Project Area are displaced, and that pending the development of such facilities, there will be available to such displaced 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 severe 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. 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 in part, the Redevelopment Project. 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 for the South Valle Redevelopment Project, as stated in the recitals herein, and the Council having considered all evidence and testimony for and 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 is 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 - 5 - MC-387 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. Section 10. The Council may expend funds of the City from time to time, in accordance with the applicable provisions of the Redevelopment Plan. Section 11. The City Clerk is hereby directed 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. Section 12. The City Clerk is hereby directed to record with the County Recorder of San Bernardino County 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 Administrator 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 Clerk is hereby directed to transmit, on or before five (5) calendar days from and after the second reading of this Ordinance: (i) a copy of the description and statement recorded by the City Clerk pursuant to Section 12 of this Ordinance; (ij) a copy of this Ordinance; and (ijj) 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 San Bernardino County; (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 -6- MC-38i construed and enforced as if such illegal or invalid provision had not been contained herein. I HEREBY CERTIFY that the foregoing ordinance was duly adopted by Mle MaJfr and Common Council of the City of San Bernardino at an JO~lar meeting thereof, held on the 9th day of July , 1984, by the following vote, to wit: AYES: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler NOES: None ABSENT: None ~~R# City Crerk of the City 0 San Bernardino The foregoing ordinance is hereby approved this ..iL day of July APPROVED AS TO FORM: ,1984. ~~At2v .(Zity At~ ney -7 - MC-387 . . @':-:"" E .; ~ '",.., STATE OF CAliFORNIA STATE BOARD OF EQUALIZATION TAX AREA SERVICES SECTION 1823 14TH STREET, ROOM 201, SACRAMENTO. CALIFORNIA (P.O. BOX 1713, SACRAMENTO, CALIFORNIA 95808) CONWAY H. COLLIS First District, Los Angeles ERNEST J. DRONENBURG, JR. Second District, San Diego WILLIAM M. BENNETT Third District, Kentfield RICHARD NEVINS Fourth District, Pasadena KENNETH CORY Controller, Sacramento . DOUGLAS D. BELL Executive Secretary July 18, 1984 Shauna Clark, City Clerk City of San Bernardino P.O. Box 1318 San Bernardino, CA 92402 Dear Ms. Clark: This is to acknowledge receipt of Ordinance No. MC-387 adopting and ap- proving the redevelopment plan for the South Valle Redevelopment Project within the City of San Bernardino. Also received were the map and de- scription of project boundaries. Your filing is hereby accepted. These documents are ready for processing on the 1985 Board Roll. We will establish the tax-rate area codes needed to identify this project. This will facilitate the future computation of tax increments. We find that the final boundaries are identical to the preliminary ones and that the ordinance was adopted within the time frame specified in the Statement of Preparation. The 1983-84 base-year values of state-as- sessed properties contained in our letter of y 3, 1984, to the San Bernardino County Auditor are therefore ~ alid. I /' JW:dh cc: San Bernardino County Auditor " tI Assessor Mr. Charles R. Baacher /< ,\;/' .' ...../ /.' /t'y -/ 1-./ \I--.'~'.'" . . '--~ " \- '0 '. ~ / -"4_~""/'