HomeMy WebLinkAboutMC-283
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ORDINANCE NO.
MC-283
2 ORDINANCE OF THE CITY OF SAN BERNARDINO APPROVING AND
ADOPTING THE REDEVELOPMENT PLAN FOR THE TRI CITY REDE-
3 VELOPI1ENT PROJECT AREA
4 WHEREAS, the Community Development Commission of the City of San
5 Bernardino, hereafter "Commission" has formulated, prepared and approved
6 the proposed Redevelopment Plan for the Tri City Redevelopment Project
7 Area, hereafter "Project Area"; and
8 WHEREAS, the Planning Commission of the City of San Bernardino has
9 submitted- its report and recommendation to the Mayor and Common Council,
10 recommending approval of said proposed Redevelopment Plan; and
11 WHEREAS, the Commission has adopted Rules for Owner Participation
12 and Business Re-Entry in the Project Area; and
13 WHEREAS, the Commission has had prepared a Draft Environmental Impact
14 Report, hereafter "Draft EIR", regarding said Redevelopment Plan; and
15 \~IEREAS, the Draft EIR was offered for review as authorized and
16 directed by the Commission; and
17 WHEREAS, pursuant to notice duly given, the Commission and the ~~yor
18 and Common Council have held a full and fair Joint Public Hearing on said
19 Draft EIR and are fully advised in the premises; and
20 WHEREAS, the Commission has adopted the following Resolution
21 entitled:
22 RESOLUTION OF THE COMMUNITY DEVELOPMENT CO~~lISSION OF THE CITY
OF SAN BERNAP~INO APPROVING THE REDEVELOPMENT PLAN AND A REPORT
23 ON THE PLAN, AND CERTIFYING AND APPROVING AN ENVIRONMENTAL IMPACT
REPORT TOGETHER WITII COMMENTS AND RESPONSES, FOR THE TRI CITY
24 PROJECT AREA: AND DIRECTING THE FILING OF A NOTICE OF DETERMINATION;
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26 WHEREAS, the above-entitled Resolution was transmitted to the Mayor
27 and Common Council; and
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WHEREAS, the Mayor and Common Council have adopted a Resolution
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entitled:
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RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING AND ADOPTING
A REDEVELOPMENT PLAN AND REPORT ON THE PLAN AND CERTIFYING AND
APPROVING AND ENVIRONMENTAL IMPACT REPORT TOGETHER WITH COMMENTS
AND RESPONSES FOR THE TRI CITY PROJECT AREA, AND DIRECTING THE
FILING OF A NOTICE OF DETERMINATION; and
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WHEREAS, pursuant to notice duly given, a full and fair Joint Public
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Hearing has been held on said Redevelopment Plan; and
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WHEREAS, all actions required by the Community Redevelopment Law
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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 DO ORDAIN AS FOLLOWS:
SECTION 1. The purposes and intent of the Mayor and Common Council
14 with respect to the Project Area are to:
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1. Eliminate the conditions of blight existing in the Project Area;
2. Insure, as far as possible, that the causes of blighting con-
17 ditions in the Project Area will be either eliminated or protected against;
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3. Provide participation for owners and business tenants in the
19 Project Area;
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4. Encourage and insure the rehabilitation, rebuilding and develop-
ment of the Project Area;
5. Encourage and foster the economic revitalization of the Project
Area;
6. Redevelop and rebuild the public facilities in the Project Area
25 to provide safer and more efficient public services.
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SECTION 2. The Redevelopment Plan for the Project Area, transmitted
27 to the Mayor and Common Council with the above entitled Commission
28 Resolution, is hereby incorporated herein by reference and made a part
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hereof as fully as though set forth at length herein.
SECTION 3. The Mayor and Common Council hereby find and determine
that:
1. The Project Area is a blighted area, the redevelopment of which
is necessary to effectuate the public purposes declared in the Community
Redevelopment Law;
2. The Redevelopment Plan Eor the Project Area will redevelop 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 carrying out of the Redevelopment Plan for
the Project Area is economically sound and feasible;
4. The Redevelopment Plan for the Project Area conforms to the
General Plan of the City of San Bernardino;
5. The carrying out of the Redevelopment Plan for the Project Area
will promote the public peace, health, safety and welfare of the City of
San Bernardino and will effectuate the purposes and policy of the Community
Redevelopment Law;
6. The condemnation of real property, as provided for in the Rede-
velopment Plan for the Project Area is necessary to the execution of
such Redevelopment Plan and adequate provisions have been made for payment
for property to be acquired as provided by law;
7. That the formation of a project area committee was neither
necessary nor required because the plan does not provide for the displace-
ment of a substantial number of low-and moderate-income families by the
implementation of the plan.
8. Although there are no families currently residing in the Project
Area , the Agency does have a feasible method and plan for the relocation
of families and persons should a need ever arise for relocation activity;
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1 9. There are or will be provided in the Project Area or in other
2 areas not generally less desirable in regard to public utilities and
3 public and commercial facilities and at rents or prices within the
4 fiancial means of the families and persons displaced from the Project
5 Area; decent, safe, and sanitary dwellings equal in number to the number
6 of and available to such displaced families and persons and reasonably
7 accessible to their places of employment;
8 10. There are noncontiguous areas within the Project Area. However,
9 they are either blighted or necessary for effective redevelopment and are
10 not included for purpose of obtaining the allocation of taxes from such
11 area pursuant to Section 33670 without other substantial justification
12 for their inclusion.
13 11. There are inclusions of land which are not detrimental to the
14 public health, safety, or welfare, which are included because the
15 inclusion thereof is necessary for the effective development of the area
16 of which they are a part; and any such area included is necessary for
17 effective redevelopment and is not included for the purposes of obtaining
18 the allocation of tax increment revenues from such area pursuant to
19 Section 33670 of the California Health and Safety Code, without other
20 substantial justification for its inclusion.
21 12. The elimination of blight and the redevelopment of the project
22 area could not be reasonably expected to be accomplished by private
23 enterprise acting alone without the aid and assistance of the Redevelop-
24 ment Agency.
25 SECTION 4. The Mayor and Common Council are satisfied that permanent
26 housing facilities will be available within three years from the time
27 occupants of the Project Area are displaced and that pending the develop-
28 ment of such facilities there will be available to such displaced occupants
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adequate temporary housing facilities at rents comparable to those in
the City of San Bernardino at the time of their displacement if such
displacement ever occurs.
SECTION 5. The Mayor and Cornman Council are convinced that the
effect of tax increment financing will not cause a severe financial
burden or detriment on any taxing agency deriving revenues from the
Project Area.
SECTION 6. A full and fair public hearing has been held on the
Redevelopment Plan for the Project Area, as stated in the recitals herein,
and the Mayor and Common Council having considered all evidence and
testimony for and against the adoption of said Redevelopment Plan and all
written and oral objections thereto and the Mayor and Cornman Council
being fully advised in the premises, all written and oral objections to
said Redevelopment Plan, Report on the Plan and Environmental Impact
Report are hereby overruled.
SECTION 7. The Redevelopment Plan for the Tri City Redevelopment
Project Area (incorporated by Section 2 above) is hereby approved and
adopted and designated the official Redevelopment Plan for the Tri City
Redevelopment Project Area, for the Project Area described therein.
SECTION 8. In order to implement and facilitate the effectuation
of the Redevelopment Plan for the Project Area, hereby approved and
adopted, certain official action must be taken by the City of San Bernardino,
and the Mayor and Common Council declare their intention to undertake
and complete any proceedings necessary to be carried out by the City of
San Bernardino under the provisions of said Redevelopment Plan, including,
wTi thout liraita-tion, changes in zoning, the locat ion and relocation of
public facilities, and other similar public actions, and in pursuance
thereof, and without limitation, the Mayor and Cornman Council hereby:
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I, Pledge their cooperation in helping to carry out the Rede-
velopment Plan;
2. Direct the various officials, departments, boards and agencies
of the City of San Bernardino 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. Use their best efforts to cause any agreement, deed or lease
submitted by the Agency to the Mayor and Common Council for their
approval or disapproval to be acted upon within thirty (30) days after
submission to the Mayor and Common Council.
SECTION 9. The Mayor and Common Council may expend funds of the
City of San Bernardino from time to time in accordance with the applicable
provisions of the Redevelopment Plan for the Project Area.
SECTION 10. The City Clerk is hereby directed to send a certified
copy of this Ordinance to the Commission and the Commission is hereby
vested with the responsibility for carrying out the Redevelopment Plan
for the proj ect ARea,
SECTION 11. 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 Project Area have been instituted under the Community Redevelopment
Law.
SECTION 12, The City Clerk is hereby directed for a period of two
(2) years after the effective date of this Ordinance, to advise all
applicants for huilding permits 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.
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SECTION 13. The City Clerk is hereby directed to transmit, on or
before January 1st next: (i) a copy of the description and statement
recorded by the City Clerk pursuant to Section 10 of this Ordinance;
(ii) a copy of this Ordinance; and (iii) a map or plat indicating the
boundaries of the Project Area, to the Auditor and Tax Assessor of San
Bernardino County, to the governing body of each of the taxing agencies
which levies taxes upon any property in the Project Area and to the
State Board of Equalization.
SECTION 14. The City Clerk shall certify to the adoption of this
Ordinance and shall cause the same to be published in the Sun.
SECTION 15.. 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.
I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by
the Mayor and Common Council of the City of San Bernardino at a
reqular
meeting thereof, held on the
20th
day of
June
, 1983, by the following vote, to wit:
AYES:
Council Members Castaneda, Reilly, Hernandez,
Marks, Quiel, Frazier, Strickler
NAYES:
None
ABSENT:
None
4l?(/,1~J~.{h
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Ci ty Clerk
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regoing Ordinance is hereby approved thiS~~,~
day
, 1983,
APPROVED AS TO FORM:
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Ci ty A orney
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