HomeMy WebLinkAboutR08-RDA Item
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Redevelopment Agency · City of San Bernardino
300 NOrIb "D" Saeet, Founh Floor . Sill BemIrdino, Cllifomia 92418
(714) 384-5081 FAX (714) 888-9413
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JUNE 13, 1990
AUTHORIZING THE EXECUTION OF A LOAN AGREEMENT AND
THE ACCEPTANCE OF A DEED OF TRUST FROM THE SAN
BERNARDINO WATER DEPARTMENT
SynopsIs of PrevIous CommIssIon/CouncIl/CommIttee ActIon:
None.
Recommended Motlon:
(A)
(COMMUNITY DEVELOPMENT COMMISSION)
Move to adopt a RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A LOAN
AGREEMENT WITH THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY.
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(ContInued on Page 2)
Respectfully SubmItted,
Ro~~tlve DIrector
Supporting data attached: Yes
FundIng requlrements: $4,965,000
CommIssIon Notes:
Ward: ThIrd
Project: SEIP, CCSouth
1302A
Agenda of: June 18. 1990
Item No.
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Recommended MotIon: (ContInued)
(JOINT POWERS FINANCING AUTHORITY)
B) Move to adopt a RESOLUTION OF THE SAN BERNARDINO JOINT POWERS
FINANCING AUTHORITY, AUTHORIZING THE EXECUTION OF A LOAN AGREEMENT
WITH THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN
BERNARDINO.
(JOINT POWERS FINANCING AUTHORITY)
C) Move to adopt a RESOLUTION OF THE SAN BERNARDINO JOINT POWERS
FINANCING AUTHORITY APPROVING A LOAN OF $4,965,000 TO THE SAN
BERNARDINO CITY WATER DEPARTMENT AND ACCEPTING A DEED OF TRUST FROM
THE DEPARTMENT.
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S T A F F R E P 0 R T
Approval Is requested for the Agency to loan to the Joint Powers Financing
Authority the sum of $4,965,000 on June 18, 1990 to In turn be loaned to the
San Bernardino Hater Department for the purchase of property. The property,
located In the Central City South Project Area, will be purchased with tax
Increment funds from the Southeast Industrial Park Project Area, to be repald
by the Joint Powers Flnanclng Authority when funds are received from the Hater
Department.
The attached notes with the Joint Powers Financing Authority and with the
Hater Department are at an Interest rate of 8 1/4~ per annum with all
prlnclpal and Interest due and payable on June 18, 1991, and secured by a Deed
of Trust. If title to the property Is transferred by the Hater Department,
the note shall Immediately become due and payable.
Adoption of the attached Resolution of the Community Development Commission
authorizes the execution of a loan agreement with the Jolnt Powers Financing
Authority. The Resolutions of the Joint Powers Financing Authority authorize
the execution of a loan agreement with the Community Development Commission,
approves a loan with the San Bernardino Hater Department for the sum of
$4,965,000 and authorizes the acceptance of a Deed of Trust from the Hater
Department.
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RESOLUTION NO.
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RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE
CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A LOAN
AGREEMENT WITH THE SAN BERNARDINO JOINT POWERS FINANCING
AUTHORITY.
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WHEREAS, pursuant to the Community Development Law of the
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State of California, (Health & Safety Code Section 33000, et
seg. ), the Redevelopment Agency of the City of San Bernardino
(the "Agency") is carrying out the Redevelopment Plan for the
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South East Industrial Park Redevelopment Project Area (the
"Project Area"); and
WHEREAS, the Agency is authorized to invest funds not
immediately necessary for the implementation of the Redevelopment
Plan; and
WHEREAS, the Agency and the Authority desire to promote
redevelopment in the South East Industrial Park Redevelopment
Project Area in the City of San Bernardino; and
WHEREAS, in order to effectuate the provisions of the
Redevelopment Plan of the South East Industrial Project Area, the
Agency proposes to loan and the Authority proposes to borrow
Four Million, Nine Hundred Sixty Five Thousand Dollars
($4,965,000.00) pursuant to that "Loan Agreement", a copy of
which is attached hereto as Exhibit "A" and is incorporated
herein by reference;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1.
The loan of funds pursuant to the Loan
Agreement is in the best interest of the Agency and will promote
DAB/ses/Authorit.res
June 7, 1990
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the public health, safety and welfare.
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3 execute the Loan Agreement on behalf of the Agency.
SECTION 2. The Executive Director is hereby authorized to
5 the Agreement fail to execute it within sixty (60) days of the
SECTION 3. This Resolution is rescinded if the parties to
6 passage of this resolution.
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June 7, 1990
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RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE
CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A LOAN
AGREEMENT WITH THE SAN BERNARDINO JOINT POWERS FINANCING
AUTHORITY.
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I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Community Development Commission of the City of
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San Bernardino at a
meeting thereof, held on
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the
day of
, 1990, by the following
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vote, to wit:
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Commission Members:
AYES
NAYS
ABSTAIN
ESTRADA
REILLY
FLORES
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
Secretary
The foregoing resolution is hereby approved this
19 day of , 1990.
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W. R. HOLCOMB, Chairman
Community Development Commission
of the City of San Bernardino
Approved as to
form and legal content:
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Agency C nsel -
DAB/ses/Authorit.res
June 7, 1990
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RESOLUTION NO.
RESOLUTION OF THE SAN BERNARDINO JOINT POWERS FINANCING
AUTHORITY, AUTHORIZING THE EXECUTION OF A LOAN AGREEMENT WITH THE
COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO.
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WHEREAS, pursuant to the Community Development Law of the
5 State of California, (Health & Safety Code Section 33000, et
6 ~)., the Redevelopment Agency of the City of San Bernardino
7 (the" Agency") is carrying out the Redevelopment Plan for the
8 South East Industrial Park Redevelopment Project Area (the
9 "Project Area"); and
10 WHEREAS, the Agency is authorized to invest funds not
11 immediately necessary for the implementation of the Redevelopment
12 Plan; and
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13 WHEREAS, the Agency and the Authority desire to promote
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redevelopment in the Project Area in the City of San Bernardino;
and
WHEREAS, the redevelopment of the Project Area would
17 address blighting influences within the vicinity of the Project
18 Area and throughout the City, and would substantially benefit the
19 Project Area and the community; and
20 WHEREAS, in order to effectuate the provisions of the South
21 East Industrial Park Project Area Redevelopment Plan, the Agency
22 proposes to loan and the Authority proposes to borrow Four
23 Million, Nine Hundred Sixty-Five Thousand Dollars ($4,965,000.00)
24 pursuant to that "Loan Agreement", a copy of which is attached
25 hereto as Exhibit "A" and is incorporated herein by reference;
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NOW THEREFORE, the Authority does hereby find, determine,
order and resolve as follows:
DAB/ses/Loan.res
June 7, 1990
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SECTION 1.
The loan of funds pursuant to the Loan
Agreement is in the best interests of the Authority and will
3 promote the public health, safety and welfare.
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SECTION 2. The Chairman is hereby authorized to execute
5 the Loan Agreement on behalf of the Authority.
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SECTION 3. This resolution is rescinded if the parties to
7 the agreement fail to execute it within sixty (60) days of the
8 passage of this resolution.
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DAB/ses/Loan.res
June 7, 1990
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RESOLUTION OF THE SAN BERNARDINO JOINT POWERS FINANCING
AUTHORITY, AUTHORIZING THE EXECUTION OF A LOAN AGREEMENT WITH THE
COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO.
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3 I HEREBY CERTIFY that the foregoing resolution was duly
4 adopted by the San Bernardino Joint Powers Financing Authority at
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meeting thereof, held on the
a
day
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of
, 1990, by the following vote, to wit:
7
Members:
AYES
NAYS
ABSTAIN
8 ESTRADA
9 REILLY
10 FLORES
11 MAUDSLEY
12 MINOR
13 POPE-LUDLAM
14 MILLER
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Secretary
The foregoing resolution is hereby approved this
day
of
, 1990.
W. R. Holcomb, Chairman
San Bernardino Joint Powers
Financing Authority
Approved as to
form and legal content:
BY:~
/ Auth ty Counsel
DAB/ses/Loan.res
June 7, 1990
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LOAN AGREEMENT
(AGENCY TO AUTHORITY)
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THIS AGREEMENT is entered into as of this
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day of
, 1990, by and between the SAN BERNARDINO
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JOINT POWERS FINANCING AUTHORITY (the "Authority") and the
COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO
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(the "Agency").
R E C I TAL S
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A. WHEREAS, the Community Redevelopment Law (Health &
Safety Code, Section 33603) authorizes redevelopment agencies to
invest any money held in reserves or sinking funds, or any money
not required for immediate disbursement, in property or
securities; and
B.
WHEREAS, there are presently available to the Agency
funds generated by the South East Industrial Park Redevelopment
Project (the "Project"), which luay be invested; and
C. WHEREAS, the Authority desires to borrow funds from
the Agency;
NOW THEREFORE, the Authority and the Agency agree as
follows:
1. The Agency agrees to loan Four Million, Nine Hundred
Sixty-Five Thousand Dollars ($4,965,000.00) to the Authority on
June 18, 1990.
The Authority shall, in consideration of such
loan, be obligated to pay to the Agency the amount of Four
Million, Nine Hundred Sixty-Five Thousand Dollars
($4,965,000.00) (the "Loan Amount"), plus interest accruing at
the lesser of (i) eight and one quarter percent (8.25%) or (ii)
DAB/ses/Loan.agr
June 7, 1990
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the maximum interest rate that may lawfully be paid by an
3 Authority on or before June 18, 1991 provided that at the option
4 of the Agency said loan may be extended for successive one year
5 periods.
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2.
This Agreement shall be effective as of the day and
7 date first above shown.
8 SAN BERNARDINO JOINT POWERS
FINANCING AUTHORITY
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By:
W.R. Holcomb, Chairman
ATTEST:
13 By:
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Secretary
Approved as to form
and legal content:
B~
Aut ity Counsel
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
By:
21 ATTEST:
W.R. Holcomb, Chairman
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By:
Secretary
Approved as to form
and legal content:
B~A/~' )
Agenc ounse1-
DAB/ses/Loan.agr
June 7, 1990
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RESOLUTION NO.
2
RESOLUTION OF THE SAN BERNARDINO JOINT POWERS FINANCING
AUTHORITY APPROVING A LOAN OF $4,965,000.00 TO THE SAN BERNARDINO
CITY WATER DEPARTMENT AND ACCEPTING A DEED OF TRUST FROM THE
DEPARTMENT.
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WHEREAS, the San Bernardino City Water Department has
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sought to borrow the sum of Four Million Nine Hundred Sixty-Five
Thousand Dollars ($4,965,000.00) from the San Bernardino Joint
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Powers Financing Authority; and
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WHEREAS, the Authority hereby approves said loan subject to
the terms and conditions contained in a promissory note and Deed
of Trust in a form presented to the Authority on June 18, 1990;
NOW, THEREFORE, BE IT RESOLVED that the San Bernardino
Joint Powers Financing Authority does hereby consent to and
accept the Deed of Trust to the Authority dated June 18, 1990
from the City of San Bernardino Water Department to the San
Bernardino Joint Powers Financing Authority, a governmental
agency, and the Authority
duly authorized officer.
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DAB/ses/Depart.res
June 7, 1990
consents to recordatioa thereof by its
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RESOLUTION OF THE SAN BERNARDINO JOINT POWERS FINANCING
AUTHORITY APPROVING A LOAN OF $4,965,000.00 TO THE SAN
BERNARDINO CITY WATER DEPARTMENT AND ACCEPTING A DEED OF TRUST
FROM THE DEPARTMENT.
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I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the San Bernardino Joint Powers Financing Authority at
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meeting thereof, held on the
a
day
of
, 1990, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN
ESTRADA
REILLY
FLORES
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
Secretary
The foregoing resolution is hereby approved this
day
of
, 1990.
W. R. Holcomb, Chairman
Approved as to
form and legal content:
~~j
. Aut i ty Counsel
DAB/ses/Depart.res
June 7, 1990
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PROMISSORY NOTE SECURED BY DEED OF TRUST
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$4,965,000.00
Place:
San Bernardino Joint
Powers Financing Authority
300 North "0" Street
San Bernardino, CA 92418
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5
Date:
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FOR VALUE RECEIVED, the undersigned jointly and severally
8
promises to pay to the San Bernardino Joint Powers Financing
Authority (the "Authority") or its successors, the sum of Four
Million Nine Hundred Sixty-Five Thousand Dollars ($4,965,000.00),
and to pay interest on the unpaid principal amount of this Note
from the date hereof, at the rate of eight and one quarter
percent (8.25%) per annum, until paid.
All principal and
interest shall be due and payable on June 18, 1991. All payments
shall be made in lawful money of the United States at the
principal office of the Authority, City Treasurer, 300 North "0"
Street, Second Floor, City Hall, San Bernardino, CA 92418, or at
such other place as may from time to time be designated by the
Authority in writing. This Note shall become immediately due and
payable in the amount of unpaid principal, with interest, upon
transfer of title of the property described in the Deed of Trust
securing this Note to any person, firm or corporation other than
the undersigned and except as provided in said Deed of Trust,
whether such transfer of title be voluntary, involuntary, or by
operation of law.
The undersigned reserves the right to prepay at any time
all or any part of the principal amount of this Note without the
payment of penalties or premiums.
All payments on this Note
DABjsesjProm.not
June 12, 1990
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shall be applied first to the interest due on the Note and then
3 to the principal due on the Note. Except as provided below, all
4 payments on this Note shall be credited as of the due date
5 thereof without adjustment of interest because paid either before
6 or after such due date.
7 IN THE EVENT the undersigned shall fail to pay this note
8 when due, the undersigned shall then be.in default of this note.
10 Note, the undersigned agrees to pay all costs of such collection
9 If suit is instituted by the Authority to recover on this
11 including reasonable attorney's fees and court costs.
12 THIS NOTE is secured by a Deed of Trust of even date, duly
13 filed for record in the office of the County Recorder of the
14 County of San Bernardino, State of California.
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16 waived and the undersigned hereby waives, to the extent
DEMAND, protest and notice of demand and protest are hereby
17 authorized by law, any and all homestead and other exemption
18 rights which otherwise would apply to the debt evidenced by this
19 Note.
20 IN WITNESS WHEREOF, THIS NOTE has been duly executed by the
21 undersigned, as of its date.
22 BOARD OF WATER COMMISSIONERS
OF THE CITY OF SAN BERNARDINO
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By:
President
DAB/ses/Prom.not
June 12, 1990
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DEED OF TRUST WITH ASSIGNMENT OF RENT
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Deed of trust made on
, 1990, by the Board of
4 Water Commissioners of the City of San Bernardino, hereinafter
5 called trustor, whose address is 300 N. "D" Street, Fifth Floor,
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San Bernardino, CA
92418 to First American Title Insurance
7 Company, a California Corporation, hereinafter referred to as
8 trustee, whose business address is 323 West Court Street, San
9
Bernardino, CA
in favor of the San Bernardino Joint
10 Powers Financing Authority, hereinafter referred to as
11 beneficiary, whose business address is 300 North "D" Street, City
12 Hall, San Bernardino, CA 92418.
13
Trustor irrevocably grants, transfers, and assigns to
trustee in trust, with power of sale, all that property,
including all easements and rights of way used in connection
16 therewith or as a means of access thereto, in the City of San
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17 Bernardino, County of San Bernardino, State of California,
described as follows:
See Exhibit "A" attached hereto and
19 incorporated herein;
20
21 subject however to the right reserved by trustor in Paragraph B-
Together with the rents, issues, and profits thereof,
22 16 hereof to collect and apply such rents, issues, and profits,
23 prior to any default hereunder;
24 For the purpose of securing payment of the indebtedness
25 evidenced by a promissory note executed by trustor, dated June
26 18, 1990, in the. principal sum of Four Million, Nine Hundred
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Sixty-Five Thousand Dollars ($4,965,000.00), payable to
DAB/ses/Trust.ded
June 12, 1990
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beneficiary or order, and each extension thereof; and
3 performance of each agreement of trustor incorporated herein by
4 reference or contained herein.
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A.
To protect the security of this deed of trust, trustor
6 agrees:
7
1.
To maintain the property in good condition and repair;
8 not to remove or demolish any building or improvement thereon; to
9 complete promptly in workmanlike manner any improvement hereafter
10 constructed thereon and to restore promptly in workmanlike manner
11 any improvement thereon that is damaged or destroyed, and to pay
12 when due all costs incurred therefor or in connection therewith;
13 to comply with all laws, ordinances, regulations, covenants,
14 conditions, and restrictions affecting the property; not to
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16 in violation of law or of covenants, conditions, or restrictions
commi t or permit any waste thereof or any act upon the property
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17 affecting the property.
2.
To provide, maintain, and deliver to beneficiary fire
19 and earthquake insurance, in such amounts as required by
20 beneficiary, and if required by beneficiary, other insurance
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22 insurance shall name the Beneficiary as an additional insured and
satisfactory to and with loss payable to beneficiary.
Such
23 Trustor shall provide Beneficiary a Certificate of said insurance
24 so stating from an insurance company authorized to do business in
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the State of California.
Said certificate shall also provide
26 that said insurance shall not be cancelled or reduced in coverage
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without Thirty (30) days prior written notice to beneficiary.
DAB/ses/Trust.ded
June 12, 1990
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The amount collected under any fire, earthquake or other
3 insurance policy and all return premiums may be applied by
4 beneficiary upon any indebtedness secured hereby in such order as
5 beneficiary determines, or at the option of beneficiary the
6 entire amount so collected or any part thereof may be released to
7 trustor. Such application or release shall not cure or waive any
8 default or notice of default hereunder or invalidate any act done
9 pursuant to such notice. Any unexpired insurance shall inure to
10 the benefit of, and pass to, the purchaser of the property
11 covered thereby at any trustee's sale held hereunder, or at any
12 foreclosure sale of such property.
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3.
To appear in and defend any action or proceeding
14 purporting to affect the security hereof or the rights or powers
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16 or trustee is a party to or appears in any such action or
of beneficiary or trustee; and also, if at any time beneficiary
17 proceeding, or in any action or proceeding to enforce any
18 obligation hereby secured, to pay all cost and expenses paid or
19 incurred by them or ei ther of them in connection therewith,
20 including, but not limited to, cost of evidence of title and
21 attorneys' fees in a reasonable sum.
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4.
To pay (a) at least 10 days before delinquency, all
23 taxes and assessments affecting the property, all assessments
24 upon water company stock, and all rents, assessments, and charges
25 for water appurtenant to or used in connection with the property;
26 (b) when due, all encumbrances, charges, and liens, with
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interest, on the property or any part thereof, which appear to be
DAB/ses/Trust.ded
June 12, 1990
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prior or superior hereto; and (c) all costs, fees, and expenses
3 of this trust.
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5.
If trustor fails to make any payment or to do any act
5 as herein provided, then beneficiary or trustee (but without
6 obligation so to do, and with or witpout notice to or demand upon
7 trustor, and without releasing trustor from any obligation
8 hereof) may (a) make or do the same in such manner and to such
9 extent as either deems necessary to protect the security hereof,
10 beneficiary or trustee being authorized to enter upon the
11 property for such purpose; (b) appear in or commence any action
12 or proceeding purporting to affect the security hereof or the
13 rights or powers of beneficiary or trustee; (c) pay, purchase,
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contest, or compromise any encumbrance, charge, or lien that, in
the judgment of either, appears to be superior hereto; and in
16 exercising any such power, beneficiary or trustee may incur
17 necessary expenses, including reasonable attorneys' fees.
18
6.
To pay immediately and without demand all sums
19 expended hereunder by beneficiary or trustee, with interest from
20 date of expenditure at eight and one quarter per cent (8.2?%) per
21 annum.
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B.
It is mutually agreed that:
1.
Any award of damages made in connection with the
24 condemnation for public use of or injury to the property or any
25 part thereof is hereby assigned and shall be paid to beneficiary,
26 who may apply or release such moneys received therefor upon any
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indebtedness secured hereby in such order as beneficiary
DAB/ses/Trust.ded
June 12, 1990
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determines, or at the option of beneficiary the entire amount so
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received or any part thereof may be released to trustor.
Such
4 application or release shall not cure or waive any default or
5 notice of default hereunder or invalidate any act done pursuant
6 to such notice.
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2.
The acceptance by beneficiary of any payment less than
8 the amount then due shall be deemed an acceptance on account only
9 and shall not constitute a waiver of the obligation of trustor to
10 pay the entire sum then due or of beneficiary's right either to
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11 require prompt payment of all sums then due or to declare
default.
The acceptance of payment of any sum secured hereby
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13 after its due date will not waive the right of beneficiary either
15
to require prompt payment when due of all other sums so secured
or to declare default for failure so to pay.
No waiver of any
16 default shall be a waver of any preceding or succeeding default
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17 of any kind.
3.
At any time or from time to time, without liability
19 therefor and with or without notice, upon written request of
20 beneficiary and presentation of this deed and the secured note
21 for endorsement, and without affecting the personal liability of
22 any person for payment of the indebtedness secured hereby or the
23 effect of this deed upon the remainder of the property, trustee
24 may reconvey any part of the property, consent to the making of
25 any map or plat thereof, join in granting any easement, or join
26 in any extension. agreement or any agreement subordinating the
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lien or charge thereof.
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4.
Upon written request of beneficiary stating that all
3 sums secured hereby have been paid, surrender of this deed and
4 the note to trustee for cancellation and retention, and payment
5 of its fees, trustee shall reconvey, without warranty, the
6 property then held hereunder. The recitals in such reconveyance
7
shall be conclusive proof of the truthfulness thereof.
The
8 grantee may be designated in such reconveyances as "the person or
9 persons legally entitled thereto."
10
5.
If trustor or any subsequent owner of the property
11 covered hereby shall occupy the property, or any part thereof,
12 after any default in payment of any amount secured by this deed
13 of trust, trustor or such owner shall pay to beneficiary in
14
15
advance on the first day of each month a reasonable rental for
the premises so occupied.
On failure to pay such reasonable
16 rental, trustor or such owner may be removed from the premises by
17 summary dispossession proceedings or by any other appropriate
18 action or proceeding.
19
6.
If default is made in payment of any indebtedness or
20 in performance of any agrement hereby secured, then beneficiary,
21 with or without notice to trustor, may declare all sums secured
22 hereby immediately due and payable by instituting suit for the
23 recovery thereof or for the foreclosure of this deed, or by
24 delivering to trustee a written declaration of default and demand
25 for sale, as well as a written notice of default and of election
26 to cause the property to be sold, which notice trustee shall
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cause to be filed for record.
If such declaration is delivered
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to trustee, beneficiary also shall deposit with trustee this
3 deed, the secured note, and all documents evidencing expenditures
4 secured hereby.
5
7.
Should trustor, without the consent in writing of
6 beneficiary, voluntarily sell, transfer, or convey his interest
7 in the property or any part thereof, or if by operation of law,
8 it be sold, transferred, or conveyed, then beneficiary may, at
9 its option, declare all sums secured hereby immediately due and
10 payable. Consent to one such transaction shall not be deemed to
11 be a waiver of the right to require such consent to future or
12 successive transactions.
13
14
15
8.
After the time then required by law has elapsed after
recordation of such notice of default, and notice of sale having
been given as then required by law, trustee, with or without
16 demand on trustor, shall sell the property at the time and place
17 fixed in the notice of sale, either as a whole or in separate
18 parcels and in such order as trustee determines, at public
20
19 auction, to the highest bidder, for cash in lawful money of the
United States, payable at time of sale.
Trustee may postpone
21 from time to time sale of all or any portion of the property by
23
22 public announcement at the time and place of sale originally
fixed or at the last preceding postponed time.
Trustee shall
24 deliver to the purchaser its deed conveying the property sold,
25
but without any covenant or warranty, express or implied.
The
26 recitals in such deed of any matters or facts shall be conclusive
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proof of the truthfulness thereof.
Trustor, trustee,
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beneficiary, or any other person may purchase at the sale.
3
9.
After deducting all costs, fees, and expenses of
4 trustee and of this trust, including cost of evidence of title
5 and reasonable attorney fees in connection with sale, trustee
6 shall apply the proceeds of sale to payment of (a) all sums
7 expended under the terms hereof and not theretofore repaid, with
8 accrued interest at eight and one quarter per cent (8.25%) per
9 annum, and (b) all other sums then secured hereby in such order
10 as beneficiary, in the exercise of its sole discretion, directs.
11 The remainder, if any, shall be paid to the person or persons
12 legally entitled thereto.
13
14
10. Before trustee's sale, beneficiary may rescind such
notices of default and of election to cause the property to be
15
sold by delivering to trustee a written notice of rescission,
16 which notice, when recorded, shall cancel any prior declaration
17
18 exercise of such a right of rescission shall not constitute a
of default, demand for sale, and acceleration of maturity.
The
19 waiver of any default then existing or subsequently occurring,
20 or impair the right of beneficiary to deliver to trustee other
21 declarations of default and demands for sale or notices of
22 default and of election to cause the property to be sold, or
23 otherwise affect any provision of the secured note or of this
24 deed or any of the rights, obligations, or remedies of
25 beneficiary or trustee hereunder.
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11. Beneficiary may from time to time, as provided by
statute, or by a writing signed and acknowledged by him and
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recorded in the office of the county recorder of the county in
3 which the land or such part thereof as is then affected by this
4 deed of trust is situated, appoint another trustee in place and
5 stead of trustee herein named; and thereupon, the trustee herein
6 named shall be discharged, and the trustee so appointed shall be
7 substituted as trustee hereunder with the same effect as if
8 originally named trustee herein.
9 12. I f two or more persons are designated as trustee
10 herein, any or all powers granted herein to trustee may be
11 exercised by any of such persons if the other person or persons
12 is unable, for any reason, to act. Any recital of such inability
13 in any instrument executed by any of such persons shall be
15
14 conclusive against trustor, his heirs and assigns.
16 hereby assigned and transferred to a beneficiary by trustor.
13. All leases now or hereafter affecting the property are
17 Trustor hereby covenants that none of such leases will be
18 modified or terminated without the written consent of
20
19 beneficiary, which consent shall not be unreasonably withheld.
21 further written assignments of rents, royalties, issues, and
14. When requested so to do, trustor shall give such
22 profits; of all security for the performance of leases; and of
23 all money payable under any option to purchase, and shall give
24 executed originals of all leases, now or hereafter on or
25 affecting the property.
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15. Trustor reserves the right, prior to any default in
payment of any indebtedness or performance of any obligation
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secured hereby, to collect all such rents, royalties, issues, and
3
profits, as but not before they become due.
Upon any such
4 default, trustor's right to collect such moneys shall cease, not
5 only as to amounts accruing thereafter, but also as to amounts
6
then accrued and unpaid.
In the event of default, beneficiary,
7 wi th or without notice and wi thout regard to the adequacy of
8 security for the indebtedness hereby secured, either in person or
9 by agency, or by a receiver to be appointed by the court, (a) may
10 enter upon and take possession of the property at any time and
11 manage and control it in beneficiary's discretion and, (b) with
12 or without taking possession, may sue for or otherwise collect
13 the rents, issues, and profits thereof, whether past due or
14
15
coming due thereafter, and apply the same, less costs and
17
16 attorney's fees, upon any obligation secured hereby and in such
expenses of operation and cOllection, including reasonable
order as beneficiary determines.
None of the aforesaid acts
18 shall cure or waive any default hereunder or invalidate any act
19 done pursuant to such notice. Beneficiary shall not be required
20 to act diligently in the care or management of the property or in
21 collecting any rents, royalties, or other profits that it is
22 hereby authorized to collect, and shall be accountable only for
24
23 sums actually received.
16. Without affecting the liability of trustor or of any
25 other party now or hereafter bound by the terms hereof for any
26 obligation secured hereby, beneficiary, from time to time and
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with or without notice, may release any person now or hereafter
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liable for performance of such obligation, and may extend the
3 time for payment or performance, accept additional security, and
4 alter, substitute, or release any security.
5
17. In any action brought to foreclose this deed or to
6 enforce any right of beneficiary or of trustee hereunder, trustor
7 shall pay to beneficiary and to trustee attorneys' fees in a
8 reasonable sum, to be fixed by the court.
9
18. No remedy hereby given to beneficiary or trustee is
10 exclusive of any other remedy hereunder or under any present or
12
11 future law.
19. The pleading of any statute of limitations as a
13 defense to any and all obligations secured by this deed is hereby
14
15
waived, to the full extent permissible by law.
16 indebtedness secured hereby, and if such indebtedness is secured
20. In the event of default in the payment of any
17 at any time by any other instrument, beneficiary shall not be
18 obligated to resort to any security in any particular order; and
19 the exercise by beneficiary of any right or remedy with respect
20 to any security shall not be a waiver of or limitation on the
21 right of beneficiary to exercise, at any time or from time to
22 time thereafter, any right or remedy with respect to this deed.
23
24 furnish the beneficiary with annual statements covering the
21. Trustor shall, upon request made by beneficiary,
25 operations of the property.
26
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22. This deed applies to, inures to the benefit of, and
binds, all parties hereto, their heirs, legatees, devisees,
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administrators, executors, successors, successors in interest,
3 and assigns. The term "beneficiary" means the owner and holder,
4 including pledgees, of the note secured hereby, whether or not
5 named as beneficiary herein. In this deed, whenever the context
6 so requires, the masculine gender includes the feminine and
7 neuter, and the singular number includes the plural, and all
8 obligations of each trustor hereunder are joint and several.
9
23. Trustee accepts this trust when this deed, duly
10 executed and acknowledged, is made a public record as provided by
11
law.
Trustee is not obligated to notify any party hereto of
12 pending sale under any other deed of trust or of any action or
13 proceeding in which trustor, beneficiary, or trustee is a party
14
unless brought by trustee.
15
Trustor requests that a copy of notice of default and
16 of any notice of sale hereunder shall be mailed to him at the
17 address set out opposite his name, immediately below.
18 MAILING ADDRESS FOR NOTICES
19 City of San Bernardino
Water Department
20 300 N. "0" Street, Fifth Floor
San Bernardino, Ca 92418
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/
/
/
/
/
/
/
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/
/
/
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/
/
/
/
/
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Executed at San Bernardino, California on the date first above
written.
3
4
[Signature]
5
6
President, Board of Water
Commissioners of the City
of San Bernardino
Trustor
7
8
9
ATTEST:
City Clerk
Approved as to Form
12 and Legal Content:
13 JAMES F. PENMAN,
City Attorney
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By:
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EXHIBIT "A"
3
4 Parcels 1 through 4, inclusive, of Parcel Map No. 3441, in the
City of San Bernardino, County of San Bernardino, State of
5 California, as per plat recorded in Book 35, Pages 46 and 47 of
Parcel Maps in the Office of the County Recorder of said County.
6
7
8
9
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STATE OF CALIFORNIA
)
)ss.
)
COUNTY OF SAN BERNARDINO
4
5 On this day of ,19 before me,
the undersigned, a Notary Public in and for-s8id State,
6 perSonally appeared ,
known to me (or proved to me on the basis of satisfactory
7 evidence) to be the person who executed this instrument as the
President of the Water Board of the City of San Bernardino and
8 acknowledged to me that the Water Board of the City of San
Bernardino executed it.
9
Signature of Notary Public
12 SEAL
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archaeologicaljhistorical sites of significant
value.
B.
Mitigation
Prior to initial planning studies being
undertaken for Plan related projects within the
proposed Project Area, the appropriate project
representative(s) shall determine if a given
project will pact a known or potentially
significant archaeologicaljhistorical site.
Following this initial determination, compliance
with the following mitigation measures, as
appropriate, shall occur:
Archaeological Sensitivity
1. Prior to planning level approvals (i.e.,
general plan, zone change, etc.), a
literature and records search and a
spot-check field survey shall be performed
by a City certified archaeologist, retained
by the project proponent, and approved by
Ci ty officials.
2.
Prior to planning level approvals, (i.e.
general plan, zone change, etc.), a
certified archaeologist shall be retained by
the project proponent to complete literature
and records research for recorded sites and
previous surveys. In addition, a field
survey shall be conducted by a certified
archaeologist unless the entire proposed
project site has been documented as
previously surveyed in a manner which meets
City approval. A report of the literature
and records research and the field survey
shall be submitted to City staff for their
approval. Future mitigation shall depend
upon the recommendations of this report and
will be completed prior to implementation
level approvals (i.e., tentative tract, site
plan, etc.).
.
3.
(a) Prior to initial implementation level
approvals (i.e., tentative tract, site
plan, etc.), a certified archaeologist
shall be retained by the project
proponent to complete literature and
records research for recorded sites and
previous surveys. In addition, a field
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EXHIBIT A
PAGE 7 of 22
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survey shall be conducted by a
certified archaeologist unless the
entire proposed project site has been
documented as previously surveyed in a
manner which meets the approval of City
officials. A report of the literature
and records research and the field
survey shall be submitted to and
approved by City officials. Future
mitigation shall depend upon the
recommendations of this report.
(b) Prior to initial implementation level
approvals, a certified archaeologist
shall be retained by the project
proponent to perform a subsurface test
level investigation and surface
collection as appropriate. The test
level report evaluating the site shall
include discussions of significance
(depth, nature, condition, and extent
of the resources), final mitigation
recommendations and cost estimates.
Prior to the issuance of a grading
permit and based on the report
recommendations and City policy, final
mitigation shall be carried out based
upon a determination as the site's .
disposition by City officials.
Possible determinations include; but
are not limited to, preservation,
salvage, partial salvage, or no
mitigation necessary.
(c) Prior to issuance of grading permits,
project proponent shall provide written
evidence to City officials that a
certified archaeologist has been
retained by the project proponent to
conduct salvage excavation of the
archaeological resources in the permit
area. A final report shall be
submitted to and approved by City
officials prior to any grading in the
archaeological site areas.
(d) Prior to issuance of a grading permit,
project proponent shall provide written
evidence to City officials that a
certified archaeologist has been
retained, shall be present at the
EXHIBIT A
PAGE 8 of 22
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pre-grading conference, shall establish
procedures for archaeological resource
surveillance, and shall establish, in
cooperation with the project proponent,
procedures for temporarily halting or
redirecting work to permit the
sampling, identification, and
evaluation of the artifacts as
appropriate. If additional or
unexpected archaeological features are
discovered, the archaeologist shall
report such findings to City
officials. If the archaeological
resources are found to be significant,
the archaeological observer shall
determine appropriate actions, in
cooperation with the project proponent,
for exploration and/or salvage. These
actions, as well as final mitigation
and disposition of the resources, shall
be subject to the approval of City
officials.
Historical Sites
c
1.
Prior to planning level approvals (i.e.,
general plan, zone change, etc.), a
literature and records search and a
spot-check field survey shall be performed
by an historian, retained by the project
proponent, "and approved by City officials.
2. Prior to planning level approvals (i.e.,
general plan, zone change, etc.) an
historian shall be retained by project
proponent to complete literature and records
research for recorded sites and previous
surveys. In addition, a field survey shall
be conducted unless the entire proposed
project site has been documented as
previously surveyed in a manner which meets
the approval of City officials. A report of
the literature and records research and the
field survey shall be submitted to and
approved by the City officials. Future
mitigation shall depend upon the
recommendations of this report and will be
completed prior to implementation level
approvals (i.e., tentative tract, site plan,
etc.) .
!e
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3.
Based on existing information, no historic
resources are located on the project site.
However, if historic resources are
discovered on site during an archaeological
or historical resources field surveyor by
additional information revealed during the
implementation phase of development, the
project proponent shall notify City
officials.
4.
(a) Prior to initial implementation level
approvals, (i.e., tentative tract, site
plan, etc.), an historian shall be
retained by the project proponent to
complete literature and records
research for recorded sites and
previous surveys. In addition, a field
survey shall be conducted unless the
entire proposed project site has been
documented as previously surveyed in a
manner which meets the approval of City
officials. A report of the literature
and records research and the field
survey shall be submitted to and
approved by City officials. Future
mitigation shall depend upon the
recommendations of this report.
(b)
Prior to initial implementation level
approvals, an elevation of the historic
resources shall be completed by an
historian through comparative analysis
with other historic resources or with
materials collected by subsurface
testing on site. The evaluation report
shall include discussion of
significance, final mitigation
recommendations, and cost estimates.
Prior to the issuance of a grading
permit and based on the report
recommendations and City policy, final
mitigation shall be carried out based
upon a determination as to the site's
disposition by City officials.
Possible determinations include, but
are not limited to, preservation,
relocation, salvage, adoptive reuse,
partial salvage, complete
documentation, or no mitigation
necessary.
EXHIBIT A
PAGE 10 of 22
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(c) Prior to issuance of grading permit,
project applicant shall provide written
evidence to City officials that an
historian has been retained by the
applicant to implement final mitigation
measures. A final report shall be
submitted to and approved by City
officials to alteration of the
historical site area.
(d) Development adjacent to a place,
structure, or object of historic
significance shall be designed so that
permitted uses and architectural design
will protect the visual setting of the
historic site. Such design shall be
submitted to and approved by City
officials prior to any alteration of
the historical site area.
C. Finding of Significance
Upon implementation of the above mitigation
measures into the Project, the impacts of
the Project on cultural resources are
reduced to a level of insignificance.
6.
Earth Resources
A. The proposed Project, being consistent with the
City's General Plan, will allow development
within the Alquist-Priolo Special Studies Zone.
Plan related development within this zone.will
require mitigation measures to minimize
earthquake related health and safety risks to the
general public such as ground shaking,
liquefaction and erosion. Portions of the
Project Area are within aggregate resource zones
of regional significance as classified by the
State Division of Mines and Geology. The Project
has the potential to create land use conflicts
that would prevent future mining of these areas;
loss of significant resources will have to be
mitigated. Related projects could ultimately
involve the modification of unique geologic or
physical features located within the Project
Area. Loss of significant resources will have to
be mitigated.
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PAGE 11 of 22
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B.
Mitigation
Seismic
1. Geotechnical and soils engineering reports
shall be prepared in conjunction with the
preparation of preliminary design layouts
and grading plans for the Project Area.
These studies will determine areas of
seismic and geologic sensitivity and will
provide specific mitigation measures for the
treatment of potential seismic hazards and
other hazardous geologic conditions.
2.
All rehabilitation and new development
projects implemented as a result of the
proposed Project, shall be built in
accordance with current and applicable
Uniform Building Code standards and
applicable County ordinances and safety
provisions, which may limit construction and
site preparation activities such as grading,
and make provisions for appropriate land use
restrictions, as deemed necessary, to
protect residents and others from potential
environmental safety hazards, either
seismically induced or those resulting from
other conditions such as inadequate soil
conditions, which may exist in the proposed
Project Area.
3. Rehabilitation programs for upgrading
deficiencies where such improvement in
warranted shall be practiced by the Agency.
All new development projects within the
proposed Project Area shall be built in
accordance with current and applicable
Uniform Building Code (UBC) standards and
other applicable City, County, State and
Federal laws, regulations and guidelines.
4. The Agency shall work with the City in the
monitoring of and Compliance with the
requirements of Senate Bill 547, the
structure hazard program.
Mineral Resources
1. The value of existing aggregate reserves
within the proposed Project Area shall be
assessed by the Lead Agency, in cooperation
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PAGE 12 of 22
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with the State Department of Conservation's
Division of Mines and Geology, on a
project-by-project basis to determine the
need for, and feasibility of, specific
project mitigation measures, e.g.,
extractive development of resources prior to
other types of development, appropriate and
compatible development locations, etc.
Application of this mitigation measure will
assure that the Agency continually monitor
aggregate reserves within Project Area
boundaries following the parameters
established by the Department of
Conservation.
2.
The Redevelopment Agency shall, when
feasible, work with other City departments
to direct urban growth to areas
demonstrating less mineral resources in
order to protect any existing aggregate
reserves.
3.
Provision shall be made for the reclamation
of mining sites, pursuant to Section 4.3.4,
Mineral Resources, of the City's General
Plan.
4. The Redevelopment Agency shall, when
feasible, promote higher densities and/or
clustering areas of development to allow a
greater portion of those parts of the
proposed Project area to remain available
for mining of aggregate reserves prior to
allowing urban development.
C. Finding of Significance
This City Council finds that incorporation of the
above mitigation measures into the Project will
reduce the seismic and geological impacts of the
Project to a level of insignificance.
7. Biotic Resources
A.
Impact
Future redevelopment activities within the
Project Area could affect various types of
vegetation and some small rodents located in the
Project Area. However, most of the Project Area
has undergone extensive disturbance by urban land
uses.
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B.
Mitigation
1. Development in the Project Area shall comply
with the requirements of the City's
biological management overlay zone as
appropriate.
C. Finding of Significance
Incorporation of the above mitigation measure
into the Project fully mitigates the impacts of
the Project on biotic resources.
8. Public Health and SafetvjMan Made Hazards
A.
Impact
Short term negative impacts upon the general
public's health and safety will be limited to
those impacts associated with construction
activities that are necessary to implement the
Project. Such negative impacts may include, but
not be limited to: (1) temporary traffic
congestion resulting from roadway and utilities
infrastructure improvement/expansion projects;
(2) increased noise and air pollutant levels
resulting from construction projects; and (3)
temporary impediment of some pedestrian pathways
during reconstruction and improvement of those
same routes. The Project is not expected to
expose people to potential man-made hazards such
as hazardous wastes and toxic chemicals. The
City has initiated procedures for monitoring
industries that store, utilize or transport such
chemicals. Industries within the Project Area
that have contact with such chemicals will be
subject to these existing procedures and
restrictions.
B.
Mitigation
1. The use of standard safety precautions
generally employed during project
construction phases, which interface with
the general public, shall be used as a means
to mitigate potential safety hazards. Such
precautions may include, but not be limited
to:
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rerouting of traffic away from
construction areas;
use of flagmen at hazardous
construction zones;
timing of construction to take
advantage of light periods of traffic;
use of exhaust and noise filters on
construction equipment;
limiting construction projects which
include earth moving to months of low
rainfall, thereby reducing the chance
of erosion; and
f. use of water applications upon graded
areas during dry summer months to
provide dust control.
Depending upon the specific project,
additional mitigation measures may be
required. The Community Development
Commission, acting as the Lead Agency, shall
determine on a project-by- project basis
and, in accord with this Program
Environmental Impact Report, the need for
additional environmental assessment. The
need for additional mitigations to lessen
impacts of short term construction related
hazards that affect the health and safety of
the general public shall be analyzed at that
time.
2.
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C. Finding of Significance
Incorporation of the above mitigation measures
into the Project fully mitigates the public
health and safety impacts of the Project.
9. Schools
A. Impact
Short-term impacts from redevelopment activities
could include traffic disruption and noise
related to infrastructural improvement projects
and road construction taking place near or
adjacent to the school sites located within the
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Project Area. Long-term impacts of the propose~
project upon the affected school districts are
related to the increase in population incurred
from redevelopment related housing programs and
commercial/industrial employment base increases.
However, no significant impacts upon the three
school districts presently serving the Project
Area are expected to occur as a result of the
Plan's implementation, because the number of new
students that will be generated as a result of
new housing and employment opportunities within
the Project Area is insignificant over the 41
year life of the Plan.
B.
Mitigation
1. Short-term impacts to school children shall
be mitigated with the use of standard safety
precautions generally employed during
traffic related construction such as:
rerouting of traffic, use of flagmen, etc.
2.
Construction activity contracted by the
Agency should be monitored to ensure that
U.S. General Services Administration (GSA)
construction-noise specifications are met.
3. The School Districts should continue to
collect the development fee for purposes of
funding school facility programs.
C. Finding of Significance
Upon implementation of the above mitigation
measures into the Project, the potential school
service impacts in the Project Area are reduced
to a level of insignificance.
10. Water
A. Impact
Implementation of the Project may result in
impacts on water supply services. Daily water
consumption subsequent to the completion of new
development in the Project Area could increase as
a result of Project implementation. However, the
increase in water consumption should be
insignificant on a regional scale.
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EXHIBIT A
PAGE 16 of 22
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B.
Mitigation
The following mitigation measures are recommended
as conditions of Project approval to further
ensure the long-term availability and
conservation of regional water resources:
1. All proposals for future growth inducing
projects shall be reviewed by the Lead
Agency, in accord with this Program
Environmental Impact Report, to determine
the need for specific projects environmental
impact analysis relative to impacts such
development may have upon 'regional water
resources and local distribution facilities.
2. Water distribution system expansion and/or
improvement projects shall precede or be
concurrent with all growth generating
projects.
3.
Consideration by the Lead Agency, in accord
with the Department of Water Resources
recommendation, consider implementing a
comprehensive program to use reclaimed water
for irrigation purposes in order to free up
fresh water supplies for beneficial uses
requiring high quality water supplies.
Additionally, the following mitigation measures
should be established, when appropriate, to
reduce water use, thereby reducing demands upon
the existing and future distribution systems:
4. Plumbing fixtures that reduce water usage
shall be utilized (i.e., low volume toilet
tanks, flow control devices for faucets and
shower heads) in accordance with Title 24 of
the California Administrative Code.
5. The use of drought-tolerant plant species
and drip irrigation systems shall be
considered in order to reduce water usage.
6. Installation of low flush toilets in
accordance with Health and Safety Code
Section 17921.3.
7.
Installation of low flow showers and faucets
in accordance with California Administrative
Code, Title 24, Part 6, Article 1, T20-1406F.
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EXHIBIT A
PAGE 17 of 22
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8.
Future developers should be assessed a water
capacity fee for importation and
distribution facilities.
9. The use of approved American National
Standards Institute (ANSI) showerheads,
lavatory faucets and sinks in all new
development, in accordance with California
Administrative Code, Title 20,
Section 1604(f).
10. Compliance with California Administrative
Code Section 1606(b) (Appliance Efficiency
Standards) which prohibits the sale of
fixtures that do not comply with regulations.
11. Compliance with the California
Administrative Code, Title 24,
Section 2-5307(b) (California Energy
Conservation Standards for New BUildings)
which prohibits the installation of fixtures
unless the manufacturer has certified to the
CEC compliance with the flow rate standard.
12. Compliance with the California
Administrative Code, Title 24,
Sections 2-5352(i) and (j) which addresses
pipe insulation requirements that can reduce
water used before hot water reaches
equipment or fixtures.
13. Compliance with Health and Safety Code
Section 4047 which prohibits installation of
residential water softening or conditioning
appliances unless certain conditions are
satisfied.
14. Compliance with Health and Safety Code
Section 7800 which specifies that lavatories
in all public facilities constructed after
January 1, 1985, be equipped with
self-closing faucets that limit flow of hot
water.
Recommendations to be implemented where
applicable:
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EXHIBIT A
PAGE 18 of 22
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Interior:
15. Supply line pressure: recommend water
pressure greater than 50 psi be reduced to
50 psi or less by means of a
pressure-reducing valve.
16. Flush valve operated water closets:
recommend 3 gallons per flush.
17. Drinking fountains: recommend installation
of self-closing valves.
18. Pipe insulation: recommend all hot water
lines in dwelling units be insulated to
provide hot water quickly with less water
use and to prevent hot pipes from heating
cold pipes.
19. Restaurants: use of water-conserving models
of dishwashers or retrofitting spray
emitters. Drinking water to be served upon
request only.
20. Hotel Rooms: conservation reminders be
posted in rooms and restrooms.
Thermostatically controlled mixing valve be
installed for bath/shower.
21. Laundry Facilities: water-conserving models
of washers be used.
22. Ultra-low-flush-toilets: 1-1/2 gallon per
flush toilets be installed in all new
construction.
Exterior:
23. Landscape with low water-consuming plants.
24. Use mulch extensively in all landscaped
areas. Mulch applied to top soil will
improve the water-holding capacity of the
soil by reducing evaporation and soil
compaction.
25. Preserve and protect existing trees and
shrubs. Established plants are often
adapted to low water conditions and their
use saves water needed to establish
replacement vegetation.
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EXHIBIT A
PAGE 19 of 22
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26. Minimize the use of law by limiting it to.
lawn-dependent uses, such as playing
fields. When lawn is used, require warm
season grasses.
27. Group plants of similar water use to reduce
overirrigation of low-water-using plants.
28. Provide information to occupants regarding
benefits of low-water-using landscaping and
sources of additional assistance.
29. Use mulch extensively in all landscaped
areas. Mulch applied on top of soil will
improve the water-holding capacity of the
soil by reducing evaporation and soil
compaction.
30. Preserve and protect existing trees and
shrubs. Established plants are often
adapted to low-water-using conditions and
their use saves water needed to establish
replacement vegetation.
31. Install efficient irrigation systems that
minimize runoff and evaporation and maximize
the water that will reach the plant roots.
Drip irrigation, soil moisture sensors, and
automatic irrigation systems are a few
methods of increasing irrigation efficiency.
32. Use pervious paving material whenever
feasible to reduce surface water runoff and
to aid in ground water recharge.
33. Grade slopes so that runoff of surface water
is minimized.
34. Investigate the feasibility of using
reclaimed waste water, stored rainwater, or
grey water for irrigation.
35. Encourage cluster development, which can
reduce the amount of land being converted to
urban use. This will reduce the amount of
impervious paving created and thereby aid in
ground water recharge.
36. Preserve existing natural drainage areas and
encourage the incorporation of natural
drainage systems in new developments. This
aids ground water recharge.
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EXHIBIT A
PAGE 20 of 22
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37. To aid in ground water recharge, preserve
flood plains and aquifer recharge areas as
open space.
C. Finding of Significance
Upon implementation of the above mitigation
measures, the impacts of the Project on water
supply services are fully mitigated.
11. Other Impacts
Based on the EIR and the Record before the Mayor
and Common Council, the Mayor and Common Council
hereby find that implementation of the Project
results in no other significant adverse
environmental impacts.
FINDINGS OF THE MAYOR AND COMMON COUNCIL CONCERNING THE PROJECT
ALTERNATIVES
Each of the alternatives presented in the EIR has been
considered. Those alternatives are hereby found to be
infeasible based on economic, social and other considerations
as set forth below.
1.
Infeasibility of the No Project Alternative
The No Project Alternative would not accomplish the
goals and objectives of the Redevelopment Plan.
Adoption of the No Project Alternative would serve
only to delay the potential adverse impacts associated
with development of the Project site (increased
traffic, noise, or air pollution). If private
development of sites within the Project Area does not
occur in the near future, adoption of the No Project
Alternative would result in a direct loss of revenue
to the Community Development Commission as well as a
potential indirect loss since the values of
surrounding properties would be adversely affected.
Uncertainty in development also could make it more
difficult to generate developer interest in
redevelopment of the Project Area. Accordingly, the
No Project Alternative is found to be infeasible.
2. Infeasibility of the Alternative Proiect Areas and
Size Alternative.
The environmental impacts of the proposed Redevelop-
ment Project would be greater under these alternatives
because decreasing the size of the Project Area does
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EXHIBIT A
PAGE 21 of 22
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not eliminate the need for the identified infrastr~c-
ture improvements. In the final analysis, decreasing
the existing Project Area size is not appropriate
since the established boundaries were chosen on the
basis of existing conditions including physical
deterioration, social maladjustment, and economic
decline. The existing Project Area represents a
well-defined area with specific revitalization needs.
Accordingly, the Alternative Project Area Size
Alternative is rejected as infeasible.
3.
Infeasibility of the Limited Redevelopment Activities
Alternative.
The environmental impacts resulting from implementation
of the Limited Redevelopment Activities Alternative
would be greater than those occurring as a result of
the Project's implementation. Additionally, tax
increment revenues would be severely restricted. Such
restrictions or limitations would result in
commensurate reductions in the Community Development
Commission's ability to undertake the Redevelopment
Program as contemplated by the amended Redevelopment
Plan, including: (1) reductions in public
improvements and facilities provided; (2) a restricted
ability to eliminate conditions of deficiency; and
(3) a reduced ability to implement the goals of the
General Plan and to eliminate existing environmental
deficiencies and problems occurring within the Project
Area. In the final analysis, the Limited
Redevelopment Activities Alternative is not an
environmentally superior alternative to the Plan
amendment and, therefore, it is rejected as infeasible.
4.
Infeasibility of the Alternative Financing Alternative.
As an alternative to the Redevelopment Project, the
Community Development Commission or City could attempt
to undertake a similar program utilizing alternative
sources of revenue (sources other than tax increment
revenues). However, no single source would be
sufficient in amount or purpose to accomplish the
activities contemplated by the Redevelopment Project.
Accordingly, the Alternative Financing Alternative is
rejected as infeasible.
04/25/90
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EXHIBIT A
PAGE 22 of 22
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RESOLUTION NO.
A RESOLUTION OF THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF SAN BERNARDINO
FINDING THAT THE USE OF TAXES ALLOCATED
FROM THE MT. VERNON CORRIDOR REDEVELOPMENT
PROJECT FOR THE PURPOSE OF IMPROVING AND
INCREASING THE COMMUNITY'S SUPPLY OF LOW
AND MODERATE INCOME HOUSING OUTSIDE THE
PROJECT AREA WILL BE OF BENEFIT TO THE
PROJECT
WHEREAS, the Community Development Commission of the City
of San Bernardino (the "Community Development Commission") has
prepared a proposed Redevelopment Plan for the Mt. Vernon
Corridor (the "Project Area") Redevelopment Project (the
"Project") which would result in the allocation of. taxes from
the Project Area to the Community Development Commission for
purposes of redevelopment, and
WHEREAS, Section 33334.2 of the California Community
Redevelopment Law (Health and Safety Code Section 33000 et
seq.) requires that not less than twenty percent (20%) or-all
taxes so allocated be used by the Community Development
Commission for the purpose of improving and increasing the
community's supply of low and moderate income housing available
at affordable housing cost; and
WHEREAS, Section 33334.2(g) of the Health and Safety Code
provides that the Community Development Commission may use such
funds outside the Project Area if a finding is made by
resolution of the Development Commission and the Common Council
of the City of San Bernardino that such use will be of benefit
to the Project;
NOW, THEREFORE, BE IT RESOLVED by the Community Development
Commission of the City of San Bernardino as fQllows:
SECTION 1: The Community Development Commission hereby
finds that the use of taxes allocated from Mt. Vernon Corridor
Redevelopment Project for the purpose of improving and
increasing the community's supply of low and moderate income
housing available at affordable cost outside the Project Area
and within the City of San Bernardino will be of benefit to the
Project.
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'r SECTION 2: The Secretary will certify to the adoption
~ of this resolution.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Community Development Commission of the City of
San Bernardino at a meeting thereof. held on the
day of . 1990. by the following vote. to wit:
AYES:
Commissioners:
NAYS:'
ABSENT
OR ABSTAIN:
Secretary
of
The foregoing resolution is hereby approved this __ day .
. 1990;
~.
Chairman of the' Community
Development Commission of
the City of San Bernardino
Approved as to form and
legal content:
Agency Counsel
By:
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04/19/90
8l85n/260l/0ll/39{c)
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO
FINDING THAT THE USE OF TAXES ALLOCATED
FROM THE MT. VERNON CORRIDOR REDEVELOPMENT
PROJECT FOR THE PURPOSE OF IMPROVING AND
INCREASING THE COMMUNITY'S SUPPLY OF LOW
AND MODERATE INCOME HOUSING OUTSIDE THE
PROJECT AREA WILL BE OF BENEFIT TO THE
PROJECT
WHEREAS, the Community Development Commission of the City
of San Bernardino (the "Community Development Commission") has
prepared a proposed Redevelopment Plan for the Mt. Vernon
Corridor (the "Project Area") Redevelopment Project (the
"Project") which would result in the allocation of taxes from
the Project Area to the Community Development Commission fo~
the purposes of redevelop~ent; and
WHEREAS, Section 33334.2 of the California Community
Redevelopment Law (Health and Safety Code Section 33000 et
seq.) requires that not less than twenty percent (20%) of all
taxes so allocated be used by the Community Development
Commission for the purpose of improving and increasing the
community's supply of low and moderate income housing available
at affordable housing cost; and
WHEREAS, Section 33334.2(g) of the Health and Safety Code
provides that Development Commission may use such funds outside
the Project Area if a finding is made by resolution of the
Community Development Commission and the Mayor and Common
Council of the City of San Bernardino that such use will be of
benefit to the Project;
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Common
Council of the City of San Bernardino as follows:
SECTION 1: The Mayor and Common Council hereby find
that the use of taxes allocated from the Mt. Vernon Corridor
Redevelopment project for the purpose of improving. and
increasing the community's supply of low and moderate income
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housing available at affordable cost outside the Project Area
and within the City of San Bernardino will be of benefit to the
Project.
ADOPTED this
day of
, 1990.
Mayor of the City of San
Bernardino
ATTEST:
City Clerk of the City of
San Bernardino -
I hereby certify
regularly adopted by
of San Bernardino at
day of
that the foregoing Resolution was duly and
the Mayor and Common Council of the City
a -meeting thereof held on the
, 1990.
AYES:
COUNCIL MEMBERS:
NOES:
ABSENT:
ABSTAIN:
City Clerk of the City of San
Bernardino
Approved as to form and
legal content:
By:
Agency Counsel
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO OVERRULING ORAL
OBJECTIONS AND ADOPTING FINDINGS AND
RESPONSES TO WRITTEN OBJECTIONS TO THE
REDEVELOPMENT PLAN FOR THE MT. VERNON
CORRIDOR REDEVELOPMENT PROJECT AREA.
WHEREAS, a proposed Redevelopment Plan (the "Redevelopment
Plan") for the Mt. Vernon Corridor Redevelopment Project Area
has been prepared by the Community Development Commission of
the City of San Bernardino (the "Community Development
Commission"); and
WHEREAS, on June II, 1990, a duly noticed joint public
hearing on the proposed Redevelopment Plan was conducted by the
Mayor and Common Council and the Community Development
Commission; and
WHEREAS, any and all persons having any Objections to the
proposed Redevelopment Plan, or the regularity of the
proceedings, were given an opportunity to submit written
comments prior to the commencement of or at the joint public
~ hearing, or to give oral testimony at the joint public hearing,
~ and show cause why the proposed Redevelopment Plan should not
be adopted; and
WHEREAS, the Mayor and Common Council have directed the
Community Development Commission staff to respond to written
objections received from affected property owners and taxing
entities, giving reasons for not accepting specified Objections
and suggestions, and the Mayor and Common Council have reviewed
such responses; and
WHEREAS, the Mayor and Common Council have heard and
considered all evidence, both written and oral, presented in
support of and in opposition to the adoption of the
Redevelopment Plan.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Common
Council of the City of San Bernardino as follows:
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SECTION 1. The Mayor and Common Council hereby find
that all persons have had the opportunity to be heard or to
file a written Objection to the proposed Redevelopment Plan for
the Mt. Vernon Corridor Redevelopment Project Area and the
regularity of the proceedings with respect to the proposed
Redevelopment Plan, and having heard and reviewed such oral and
written objections, the Mayor and Common Council hereby make
the findings and responses to written objections as set forth
in Exhibit "A", attached hereto and incorporated herein by this
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reference, and determine that there are compelling reasons to
justify adoption of the Redevelopment Plan as proposed,
notwithstanding written and oral objections.
SECTION 2. The Mayor and Common Council and the
Community Development Commission have duly complied with all
the provisions, requirements and procedures of the California
Community Redevelopment Law (Health and Safety Code, Section
33000 ~ ~.) relating to the preparation and adoption of the
Redevelopment Plan.
SECTION 3. The Mayor and Common Council, accordingly,
overrule any and all objections to the adoption of the
Redevelopment Plan for the Mt. Vernon Corridor Redevelopment
Project Area.
PASSED AND ADOPTED this
day of June, 1990.
Mayor of the City of
San Bernardino
ATTEST:
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City Clerk of the City of
San Bernardino
I hereby certify that the foregoing Resolution was duly and
regularly adopted by the Mayor and Common Council of the City
of San Bernardino at a meeting thereof held on the
day of , 1990.
AYES:
COUNCIL MEMBERS:
NOES:
ABSENT:
ABSTAIN:
City Clerk of the City of San
Bernardino
Approved as to form and
<:: legal content:
By:
Agency Counsel
0130uI260l/011
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EXHIBIT "A"
FINDINGS AND RESPONSES TO WRITTEN OBJECTIONS
MADE PURSUANT TO HEALTH AND SAFETY CODE SECTION 33363
RELATING TO THE REDEVELOPMENT PLAN FOR THE
MT. VERNON CORRIDOR REDEVELOPMENT PROJECT AREA
The following letters were received in objection to the
Redevelopment Plan and delivered to the City Clerk prior to or
during the public hearing held on June 11, 1990.
(1) Letter from Amanda Gutierrez dated. June 6, 1990.
(2) Letter from Mr. Brooks P. Coleman, California School
Financial Services, Inc., on behalf of the San
Bernardino County Board of Education and
Superintendent of Schools, dated June 11, 1990.
(3) Letter from Mr. Brooks P. Coleman, California School
Financial Services, Inc., on behalf of the San
Bernardino Community College District, dated June 11,
1990.
(4) Letter from Mr. Harry M. Mays, County Administrative
Officer for the County of San Bernardino, dated
June 8, 1990.
A. Response To Letter Received From Amanda Gutierrez on
June 6, 1990
Amanda Gutierrez failed to testify at the June II, 1990
public hearing. The fOllowing constitute the written findings
of the Mayor and Common Council of the City of San Bernardino
made in response to the letter received from Amanda Gutierrez
on June 6, 1990, which letter is attached hereto and
incorporated herein as Attachment No.1.
Comment No.1:
I am writing this letter in response to your article sent
to me. I don't like the idea of trying to relocate senior
ci tizens who have lived in the ci ty for 60 years. I own my
property and have kept it up. It was recondition in 1960 and
again in 1972. It is an old house, but every room has been
reconditioned. Electrical wiring, plumbing and some of
floors. I do not make $10,000 a year so I could not qualify
for a loan. I cannot pay high rent. So they would put us in
apartments. At my age I don't want to be involved in arguments
with tenants or harassed by children or have Police every day
on the premises. That is my complaint.
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Response:
A number of persons who attended and testified at the Joint
Public Hearing on June 11, 1990, shared similar concerns
regarding the potential displacement and relocation of Project
Area residents. As discussed at the Joint Public Hearing on
June 11, 1990, it is not the intention nor the policy of the
Community Development Commission to relocate or displace
residents from their homes within the Project Area. Although
the commission has reserved the right to utilize the power of
eminent domain, they may only exercise that power after
following certain legal procedures, including notification to
property owners. Furthermore, if the property owner objects to
such acquisition, the issue must be brought before a superior
court judge. .
B. Response To Letter Received From Mr. Brooks P. Coleman,
California School Financial Services, Inc., On Behalf of
the San Bernardino County Board of Education and
Superintendent of Schools, Dated June 11, 1990
Brooks P. Coleman failed to testify at the June 11, 1990
hearing. However, Walter Wells appeared and asked that
Mr. Coleman's letter be placed in the record. The following
constitutes the written findings of the Mayor and Common
1-- Council of the City of San Bernardino made in response to the
~ letter received from Mr. Brooks P. Coleman, California School
Financial Services, Inc., on behalf of the San Bernardino
County Board of Education and Superintendent of Schools, dated
June 11, 1990, which letter is attached hereto and incorporated
herein as Attachment No.2.
Comment No.1:
A major problem faced by the county superintendent is the
need to provide classrooms and other facilities for
[low-incident student] programs because the State of California
provides no allowance for most of them. Also, as you are
aware, the county superintendent does not have the ability to
collect developer fees, as do school districts.
As you know, our portion of the tax base of the project
area is only .6%. However, we are still greatly concerned
about the erosion of our tax base which, of course, extends
throughout the entire county.
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The material you have provided to date, regarding the Mt.
Vernon Corridor Redevelopment Project, has been carefully
reviewed and we have concluded that there will be an impact on
the Office of the San Bernardino County Superintendent of
Schools. The inevitable new development, homes, jObs, and the
resulting students, must be accommodated.
For these reasons, we must register this objection to the
redevelopment project as it is now presented because of the
severe financial detriment we would experience.
Response:
with respect to the position of the County Superintendent
of Schools, the Agency staff reiterates that the County
Superintendent of Schools has made no showing that the adoption
or implementation of the Redevelopment Plan would adversely
effect the County Superintendent of Schools. The
Superintendent's assertion that the Redevelopment Plan would
increase demands for services is not supported by substantial
evidence. In fact, no data is set forth.
Comment No.2:
In order to partially alleviate this adverse impact, we
~ suggest that a cooperative participation agreement be entered
\-. into which would pass through a portion of ou~ share of the tax
revenue back to the San Bernardino County Superintendent of
Schools
Response:
Representatives of the Agency have attempted to negotiate
the terms of such an agreement with the County Superintendent
of Schools. However, Agency representatives have experienced
difficulty in these negotiations as many of their phone calls
have not been returned.
C. Response To Letter Received From Mr. Brooks P. Coleman,
California School Financial Services, Inc., On Behalf of
the San Bernardino County Colleqe District, Dated June II,
1990
Brooks P. Coleman failed to testify at the June 11, 1990
hearing. However, Walter Wells appeared and asked that
Mr. Coleman's letter be placed in the record. The following
constitute the written findings of the Mayor and Common Council
of the City of San Bernardino made in response to the letter
received from Mr. Brooks P. Coleman, California School
Financial Services, Inc., on behalf of the San Bernardino
~ County College District, dated June 11, 1990, which letter is
\-. attached hereto and incorporated herein as Attachment No.3.
06/14/90
0172u/260l/011
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The state's provlslon for college facilities falls short of
actual need, especially considering the age of the existing
buildings on the campus and the rate of student growth
currently being experienced.
As you know, the portion of the tax base of the
redevelopment project attributable to the COllege District is
only 5.0%. The plans for the redevelopment agency to .capture"
the District share of the tax base increase during the next 40
years should be accomplished with the complete involvement and
cooperation of the District.
The material you have provided to date regarding the Mt.
Vernon Corridor Redevelopment Project, has been carefully
reviewed and we have concluded that there will be an impact on
the San Bernardino Community College District. The inevitable
new development, homes, jobs, and the resulting students, must
be accommodated.
For these reasons, we must register this objection to the
redevelopment project as it is now presented because of the
severe financial detriment we would experience.
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Response:
Concerning San Bernardino Community College District, the
District again fails to substantiate that the Plan would
increase its demand for services and thereby adversely effect
the District. Moreover, to the extent that the Community
College District is asserting that there is presently a
shortage of physical facilities, such conditions already exist
and are clearly not affected by the adoption or implementation
of the redevelopment plan.
Comment No.2:
In order to partially alleviate this adverse impact, we
suggest that a cooperative participation agreement be entered
into which would pass through a portion of our share of the tax
revenue back to the District.
Response:
Representatives of the Agency have attempted to negotiate
the terms of such an agreement with the San Bernardino
Community College District. However, Agency representatives
have experienced difficulty in these negotiations as many of
their phone calls have not been returned.
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D. Response To Letter Received From Mr. Harry M. Mays. County
Administrative Officer for the County of San Bernardino.
Dated June B. 1990
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Harry M. May's letter generally states that no substantial
evidence or specific documentation has been provided to support
various findings which must be made to comply with the
provisions of the Community Redevelopment Law prior to
considering the adoption of a redevelopment plan. After Agency
staff and Agency consultants testified at the public hearing
held on June 11. 1990. and after the information and
documentation referred to in the responses to comments set
forth below was entered into the record. Walter Wells appeared
on behalf of the County of San Bernardino and Mr. Mays. Walter
Wells testified that although the County was neither for nor
against the Redevelopment Project. the County was concerned
about the impact of the Redevelopment Project on the County's
ability to provide services to persons within the Project
Area. Even in light of this more narrow concern. the Mayor and
Common Council have determined to make the responses below to
each of the comments in Mr. May's letter. The following
constitute the written findings of the Mayor and Common Council
of the City of San Bernardino made in response to the letter
received from Mr. Harry M. Mays. County of San Bernardino,
County Administrative Office. dated June B. 1990. which letter
is attached hereto and incorporated herein as Attachment No.4.
Comment No.1:
Neither the plan. the EIR. the Preliminary Report nor the
supplementary material adequately supports the conclusion that
the entirety of the project area is blighted and requires the
use of redevelopment authority to achieve the public purposes
declared in the redevelopment law. Large tracts of land owned
by the Flood Control District and lying within the flood plain
are included within the proposed project boundary. No
documentation is included in the plan documents to establish a
condition of blight on that land nor do the plan documents
indicate specific benefits to said property which would result
from project activities.
Response:
First. it is not the purpose or intent of the Plan or EIR
to make the determination that the Project Area or portions
thereof are blighted or not blighted. The documents which
substantiate the determination of blight are the Preliminary
Report and the Report to the Mayor and Common Council. prepared
pursuant to Health and Safety Code Sections 33344.5 and 33352,
respectively. Second. blight is an area-wide concept. in that
not every parcel of land or structure within a project area
~ must be blighted before the project area as a whole may be
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determined to be blighted. The flood control land is shown to
be an integral part of the Project Area and is surrounded by
parcels developed for urban use. The inclusion of the flood
control land is necessary for effective redevelopment planning
(See the Report to Mayor and Common Council, pages 14 and
38-76, See also Health and Safety Code Sections 33320(b)(3) and
33320.2r:- -
Comment No.2:
No substantial and specific evidence or documentation is
provided to support a finding that the redevelopment plan would
redevelop the area in the interest of the public peace, health,
safety and welfare.
Response:
The entire basis for establishing a Redevelopment Project
Area is to alleviate existing physical, social, and economic
conditions of blight in an area for the overall good of the
public health, safety and welfare. The Community Development
Commission has clearly documented and set forth needed projects
and improvements which when implemented will reverse and/or
alleviate the blighted condition within the Project Area (See
the Report to Mayor and Common Council, pages 81-84). ---
C Comment No.3:
Neither narrative information, financial plans, or budgets
are included in the plan or supporting material to support any
finding that adoption and carrying out of the plan is
economically sound and feasible.
Response:
While it is recognized that the Project Area, in its
depressed condition, does not have a sufficient assessed
valuation (base year) to generate all of the funds necessary to
immediately eradicate all of the conditions of blight, any
attempt by the commission to reverse the conditions of blight
will substantially benefit the Project Area residents.
Furthermore, this redevelopment effort evidences the support of
public officials to tangibly address the advanced state of
deterioration within the Project Area in a positive way, and
will promote private investment/reinvestment into the area.
The economic soundness or feasibility of the redevelopment
project, which is secured with and principally funded by
property tax revenues in the form of tax increment financing,
is set forth in the Report to Mayor and Common Council at,
pages 77-80.
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<:: Comment No.4:
Substantial evidence is not provided to sustain the finding
that the redevelopment plan conforms to the general plan of the
city. The plan's finding appears to be based solely on the
undocumented assertion in the plan that its implementation will
be in accordance with the general plan and zoning ordinances as
may be amended from time to time.
Response:
In accordance with Sections 33346 and 33347 of the
California Redevelopment Law, the Planning Commission prepared
its Report on Conformity of the proposed Mt'. Vernon Corridor
Redevelopment Plan with the City's adopted General Plan. The
report, set forth at Section 5 of the Joint Public Hearing
Binder provides the basis for concluding that the proposed Mt.
Vernon Corridor Redevelopment Plan is in conformity with the
city's General Plan.
Comment No.5:
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No substantial evidence or documentation specific to the
area proposed for redevelopment is supplied to warrant the
conclusion that carrying out the redevelopment plan would
promote the public peace, health, safety and welfare of the
community.
Response:
Please refer to the response to comment No. 3 above.
Comment No.6:
The plan and related material contains only minimum
reference to the role that condemnation of real property will
play in project implementation. Insufficient evidence and
documentation are included to support the finding that
condemnation is necessary to the execution of the plan.
Further, the plan lacks substantial evidence, or any evidence
at all, to warrant the conclusion that adequate provisions have
been made for payment for property so acquired.
Neither the plan nor supporting documents provide
sufficient evidence to conclude that a feasible plan exists for
the temporary or permanent relocation of facilities and persons
displaced from the project area. The redevelopment plan, in
fact, indicates that such a relocation plan does not yet exist
but is to be prepared.
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\.r Response:
Because of the existence of a large number of
non-conforming uses located within the boundaries of the
Project Area, the condemnation of real property is necessary to
the execution of the Redevelopment Plan and adequate provisions
have been made for payment for property, if property is
acquired by eminent domain as provided by law. The provisions
of Sections 7260 to 7276 of the California Government Code
would be applicable in the event relocation should occur due to
the implementation by the Community Development Commission of
the Redevelopment Plan. The provision of relocation assistance
according to law constitutes a feasible method for relocation.
(See Sections 402 through 404 and Sections 410 through 414. of
the Redevelopment Plan; See also the Commission's adopted Owner
Participation Rules and Relocation Guidelines Section 7A and 7B
of the Joint Public Hearing Binder.)
Comment No.7:
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No evidence is provided that there are or are being
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 the families and persons displaced from the
project area, decent. safe and sanitary dwellings equal in
number to the numbers of and available to the.displaced
families and persons, and reasonably accessible to their places
of employment. The proposal set forth in the plan to evaluate
this problem after adoption of the plan is legally inadequate.
Response:
Please refer to the response to comment No. 6 above.
Comment No.8:
Neither the plan nor supporting documents includes
substantial evidence or documentation that the non contiguous
portions of the project (shown as sub-area B and sub-area C)
are either blighted or necessary for effective redevelopment
and are not included for the purpose of obtaining tax increment
without other substantial justification for their inclusion.
Response:
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Please refer to pages 15 and 16 of the Report to Mayor and
Common Council as well as Appendix C. photos 282 through 358
and photos 359 through 364. The aforesaid discussion and
supporting photographs clearly illustrate the need for the
inclusion of sub-areas Band C.
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<:: Comment No.9:
Insufficient information is included in the plan and
supporting material to justify inclusion of all of the
properties in the plan. The project area includes many lands,
buildings and improvements that are not detrimental to the
public health, safety or welfare. Only generalized information
is provided to support the conclusion that all properties
included in the project boundary are necessary for effective
redevelopment. A substantial number of properties have
apparently been included solely to obtain the allocation of tax
increment and not because they are a detriment to the public
health, safety or welfare or necessary for effective
redevelopment.
Response:
Please refer to the response to comment No. 1 above.
Comment No. 10:
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Neither the plan nor any other materials presented provide
substantial evidence, or any evidence at all, upon which to
base a finding that redevelopment could not reasonably be
expected to be accomplished by private enterprise acting alone
without the aid and assistance of the agency.
Response:
The deteriorated physical, depressed economic and
maladjusted social conditions now existing in the Project Area
and more extensively described in Section III of Report to
Mayor and Common Council are the consequences of prior actions,
inactions and the passage of time. No one specific action or
inaction can be identified as the major contributor to the
progressively declining conditions found in the Project Area.
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Over the past decade or so the needs, standards and
expectations of the citizenry have changed. while buildings,
structures and infrastructure facilities have worn, grown aged
and become inadequate. Circulation patterns are overcrowded,
outdated and hazardous. Public facilities and amenities have
not kept pace with changing expectations, nor has the
presentation, offering and variety of economic goods and
services. Section III of the Report to Mayor and Common
Council details the evidence of economic and physical
deficiencies prevalent in the Project Area. In general, the
residents and/or property owners in the Project Area do not
suffer the deficient conditions by desired choice. More
likely, they suffer these conditions out of economic necessity
and inadequate or unavailable financial resources. The
combined affects of these conditions have resulted in the
Project Area experiencing severe decline which cannot
reasonably be reversed by private enterprise action alone.
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Many of the deficiencies found in the Project Area and the
proposed remedies found in the Projects List in Appendix B of
the Report to Mayor and Common Council are outside the province
of private enterprise. Historically, the role of government in
California has been to provide for the health, welfare and
safety of its citizens by providing adequate infrastructure and
public services such as police, fire and flood control
facilities. Private enterprise does not provide such
facilities nor is it reasonable to expect them to do so in the
future. The transformation of the Project Area into a
physically and economically viable area is a high risk venture
which private enterprise is unlikely to undertake. Cities
across America, as well .as San Bernardino, are declining, wi th
little or no evidence of private enterprise alone showing a
willingness to commit the resources necessary to even begin a
comprehensive redevelopment program. In many instances, and
perhaps because such efforts have been made on a modest scale,
the attempt has failed due to the magnitude of the problem,
making such attempts so risky that private enterprise will not
act on its own. In fact, it is not uncommon to find private
enterprise actually abandoning such areas, structures and
facilities in order to avoid continued and/or potential
economic losses.
The history of urban development teaches us that as time
passes, human knowledge, needs and levels of expectation
change, grow and become more demanding. Simultaneously
existing structures, facilities and infrastructure become less
capable of satisfying these needs, while the costs of
modification, renovation and redevelopment increase to a point
of negative economic return. Consequently, those of sufficient
affluence move or relocate to newer facilities or construct new
facilities in undeveloped areas at a lower cost than
modernization or redevelopment of the older facilities. The
older facilities either continue to be occupied or become
occupied by the less affluent even less capable of reversing
the decline. This process continues and even accelerates until
prevailing conditions change to offer an adequate economic
reason to reverse the decline, such as a few select locations
in the major metropolitan areas or until the area is abandoned
as uninhabitable. The City suffers compounded losses from this
declining process, for income from the blighted area decreases
while the emerging growth (urban sprawl) increases the cost of
fulfilling governmental responsibilities.
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The information provided in Section III of the Report to
Mayor and Common Council clearly indicates that the Project
Area is a blighted area and that private enterprise is not
making the effort or investment which could seriously impact
the area so as to reverse the declining conditions. There is
no evidence to give reason to expect that private enterprise is
likely to reevaluate its neglect of the area, without a
significant contribution from the public sector.
The foregoing reasons are compelling in reaching the
conclusion that blight will not be eliminated nor will the
Project Area be redeveloped by private enterprise acting
alone. The size and scope of the Project Area require the
combination of public and private resources and effort to reach
a successful conclusion.
Comment No. 11:
The information provided by the agency does not support the
conclusion that the use of tax increment revenues for project
financing will not cause significant financial burden or
detriment to affected taxing entities. Analysis by the county
staff indicates that allocation of tax increment to the agency
for project purposes will create a substantial burden on the
County General Fund, County Flood Control District and County
Library District. Loss of tax increment by these agencies will
severely impair their ability to provide for the current level
of service and meet those service demands, both in quality and
quantity, created by project activities. Further information
concerning this matter is contained in the report of the Fiscal
Review Committee, which is incorporated herein by this
reference.
Response:
The response to the report of the Fiscal Review Committee
is located at Section 4-B of the Joint Public Hearing Binder.
Pursuant to Section 33401(b) of the Health and Safety Code, an
Agency may only pay to any taxing Agency amounts of money which
the Agency has found are necessary and appropriate to alleviate
any financial burden or detriment caused to any taxing agency
by a Redevelopment Project. Such payments must be approved by
resolution and adopted by the Redevelopment Agency. The
resolution must contain findings supported by substantial
evidence, that the redevelopment project will cause or has
caused a financial burden or detriment to the taxing agency and
that the payments are necessary to alleviate the financial
burden or detriment. To date the Agency has not received
substantial evidence which demonstrates to the Agency that the
redevelopment project will cause financial burden or detriment
to the County.
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Representatives of the Agency have attempted to negotiate
the terms of a cooperative participation agreement which would
pass through a portion of the tax increment back to the County
of San Bernardino. However, Agency representatives have
experienced difficulty in these negotiations as many of their
phone calls have not been returned.
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'RO_ CALJ'OR~IA SCHOOL 'IHAH~ SERVICES
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CALIPORNIA
SCHOOL FINANCIAL SERVICES, INC.
an. <':oIrm.m .IIU Aw.'~ "It'"
^ l'uJrlllflMao1I Cc"'MIlt1tIUIl
June 11. 1990
Honorabl. Council Member.
City of San 8ernardino
300 North "0" Street
San Bernardfno, Calffornia 12418
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Ladie. and Gentl~n:
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On beh.,f of the 8an Bernardfno County Board of Education
Superintendent of School.. I would lik. to thank you for
opportunity to pre.ent this information and our concern..
Subject:
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Nt. Vernon Corridor Rev,velopment Project
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The Of'ice of San Bernardino County Superintendent of IChool. i.
charged with the r..pon.ibil;ty of providing .chool-ag. citizens
.nd school dfstr;cts with a wide range of services. The types of
.ducational program. conducted by the county eup.rintendent .re
generally for "low-incidsnce" stud.nte. .uch a. blind or mentally
handicappsd individual.. Th.se atudents must be g.thered from a
large, or r8g;on.' population ba.e fn order to ,enerate
auf'icient numbera of students to form. cl.... Other area. of
county office re.pnnaibility include bU.in..., financial. .nd
education.' .dvi.ory ..rvice. to achool di.trict..
A major problem faced by the county auperirtendent i. the need to
provide cla..rooms and other facilitiee for th.s. progr.m.
becau.. the State of Californiaprovid.. no .llowanc. for IIOst of
them. Al.o. a. you .re .w.re, the county .uperintendent doe. not
have the ability to co".ct dev,'oper f.... .s do .chool
district8.
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Aa you know. our portion of the tex ba.e of ths project area ,.
only .0.. Howaver. we are atill greatly concerned about the
erosion of our tax ba.. WhiCh. of cour.e. extsnd. throughout the
entire county.
The ~t.rial you have provided to date. regarding the Mt. Vernon
Corridor Redsvelopment Project, ha. b.en carefully reviewed and
we have concluded that th.rs will be an impact on the Office of
the San Bernardino County Superintendent of Schools. The
inevitable new dsv.'opment. home., jobs. and the resulting
atudents. muat be accommodated.
For the.e rea.on., we mu.t register this Objection to the
redevelopment project .. it is now pre.ented because of the
.evere financiel aetriment we would experience.
2B.~ Rlltnscy Drivt" . Riwl~ Californi" 92~16 . (7U) 686-3735
Attachment No. 2
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FRO" CALIFORNIA SCHOOL FINANC~ SERUICES
Honorabl. Cou"ci 1 _..c..,..
City 0' San Bernardino
June 11, 1980
Pa,e 2
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P. 3
In order to partially alleviate this aaverse impact, we 8uggest
that a CoOperative participation agr.ement be entereo into which
woulo pa.. through . portion of our .hare Of the tax revenue baCk
to the San aernardlno County Superintendent of Schoo'"
Sincerely, - rt
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Brooke P. Coleman
President
ec: Dr. Barry Pulliam, Deputy Superintendent
Offloe of San Bernardino County Superintendent of School.
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FRON CALIFORNIA SCNOOL FINANC~ SERVICES
86.11.1991
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CALIFORNIA
SCHOOL PlNANCIAL SERVICES, INC.
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Jun. 1 I. 1 980
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Honorabl. Council M.mber.
City Of San Bernardino
300 North "D" Str..t
San Bernardino. California 92~18
Ladi.. and Gentl.men:
Subj.ct: Mt. Vernon Corridor R.dev.lopment proj.ct
On b.half Of the San a.rnardino Community Coll.g. Di.trict lo.rd
of Tru.t.... r would lik. to thank you for the opportunity to
pr...nt thi. information and our concern..
Th. Coll.,. i_ r._pon.ible for providln, high.r .ducation
op~rtuniti.. for r.,idente in tn. ar.a. Ae you know. pUblic
education at .11 level, i. directl~ dep.ndent upon ,tate and
local revenue .ourcea for the funding of operational programs and
the facilitie. to houae th... program..
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The _tat.'e provi.ion
actual n..d. especially
buildin,. on tn. campue
b.ing exp.rienced.
A. you know, tne portion of the tax ba.. of the r.dev.lopment
project attributable to the COlleg. Di_tricti, only 5.0X. The
plana for tha rad.veloPfll.nt ag.ncyto "capture" the Oiatrict
ahare of the tax ba.. incr.a.. during the next 40 yeara should b.
accompli.h.d wltn the compl.te involvement and cooperation of the
DiltrlCt.
for ool1.g.
con.id.rinS
and the rate
faciliti.. fall. _hort of
the a,. Of the exietins
of atudent growth currently
Th. ~t.rial you have provid.d to date r.,ardin, the Nt. Vernon
Corridor R.d.velopm.nt ProJ.ct, ha. be.n carefully revi.wed and
w. have concluded that th.r. will b. an impact on the San
Bernardino Community Coll.,. Oi_trict. The inevltable new
dev.lopment, homee, Job., and the r..ulting student., must be
accommodat.d.
For th..e r..sons, w. mu_t regl.t.r tni. Objection to the
redev.lopment project e. it is now pr"entad beceu.. of the
.ev.r. financi.l detriment we would exp.ri.nc..
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Attachment No. 3
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FRO" CALIFORHIA SCHOOL FJHAHCI~SERVICES
a.. ~ LI'" 1410
P. 5
Honorable Coun~i' Members
City of San eernardino
June 11. 1 no
Pate 2
In order to partially alleviet. thi. adverae impact, w. .Utt..t
that. cooperative participation agre.ment be entered into which
would paa. through a portion of our .hare of the tax revenue back
to the District.
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Brook. P. COl.man
Preaident
ec:
Mr. Jack Sherman, Controller
San aernardino Community COlle,e Diatr;ct
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COUNTY OF
SAN BERNARDINO
BOARD OF SUPERVISORS
M.nhl Turoci..................... .Fin' District
Jon D. Mikels....................5<<ond Distric1
Barbara Cram Riordan. Clulifmon . . . . Tltil'd Dis"kt
Larry Walter. _............... _.. .Fourth Distrkt
RolJen L. HOIIIJ\1OCk............. ...Fifth District
County Administrative Office
HARRY M. MAYS
County AdminiItrati.. orr_
No. 1 Arrowhead Plaza. 5th Aoor
385 Nonh Arrowhead A......
San Bernardino. CA 92415.0120
(714) 317.5411
TcIecopier (714) 317.5430
June 8, 1990
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Common CouncillRedevelopment Agency
City of San Bernardino
300 N. -0- Street
San Bernardino, California 92408
Re: Mt. Vernon Corridor
Redevelopment Plan
Honorable Members:
This letter is submitted to you as members of the governing bodies considering the
subject redevelopment plan for adoption at the pul;llic hearing scheduled for June
11,1990. The following objections are made by the County Administrative Office to
the referenced redevelopment plan.
Section 33367, Health and Safety Code, State of California, mandates that the
ordinance adopting a redevelopment plan include certain findings and
determinations. The legislature intended that the Redevelopment
Agency/governing body have before it clear, specific and substantial evidence and
documentation substantiatin9its findings. Minimum documentation and
perfunctory reference to proviSions of the enabling legislation is insufficient. In
general, the findings contained in the ordinance are not based on substantial
evidence.. The following are specific objections of the County:
1. Neither the plan, the EIR, the Preliminary Report nor the supplementary
material adequately supports the conclusion that the entirety of the project
area is blighted and requires the use of redevelopment authority to achieve
the public purposes declared in the redevelopment law. Large tracts of land
owned by the Flood Control District and lying within the flood plain are
included within the proposed project boundary. No documentation is
included in the plan documents to establish a condition of bliQht on that
land nor do the plan documents indicate specific benefits to said property
which would result from project activities.
2. No substantial and specifiC evidence or documentation is provided to
support a finding that the redevelopment plan would redevelop the area in
the interest of the public peace, health, safety and welfare.
3. Neither narrati.ve information, financial plans, or budgets are included in
the plan or supporting material to support any finding that adoption and
carrying out of the plan is economically sound and feasible.
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CITY OF SAN BERNARDINO
MT. VERNON CORRIDOR REDEVELOPMENT
PLAN
June 8,1990
Page Two
4. Substantial evidence is not provided to sustain the finding that the
redevelopment plan conforms to the general plan of the city. The plan's
finding appears to be based solely on the undocumented assertion in the
plan that its implementation will be in accordance with the general plan
and zoning ordinances as may be amended from time to time.
5. No substantial evidence or documentation specific to the area proposed for
redevelopment is supplied to w.arrant the conclusion that carrying out the
redevelopment plan would promote the public peace, health, safety and
welfare of the community.
6. The plan and related material contains only minimum reference to the role
that condemnation of real property will play in project implementation.
Insufficient evidence and documentation are included to support the
finding that condemnation is necessary to the execution of the plan.
Further, the plan lacks substantial evidence, or any evidence at all, to
warrant the conclusion that adequate provisions have been made for
payment for property so acquired.
7. Neither the plan nor supporting documents provide sufficient evidence to
conclude that a feasible plan exists for the temporary or permanent
relocation of facilities and persons displaced from the project area. The
redevelopment plan, in fact, indicates that such a relocation plan does not
yet exist but is to be prepared.
8. No evidence is provided that there are or are being provided in the project
area or in other areas not !;!enerallv less desirable in 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 project area,
decent, safe and sanitary dwellings equal in number to the numbers of and
available to the displaced families and persons. and reasonably accessible to
their places of employment. The proposal set forth in the plan to evaluate
this problem after adoption of the plan is legally inadequate.
9. Neither the plan nor supporting documents includes substantial evidence or
documentation that the non contiguous portions of the project (shown as
sub-area B and sub-area C) are either blighted or necessary for effective
redevelopment and are not included for the purpose of obtaining tax
increment without other substantial justification for their inclusion.
10. Insufficient information is included in the plan and supporting material to
iustify inclusion of all of the properties in the plan. The project area
mcludes many lands, buildings and improvements that are not detrimental
to the public health, safety or welfare. Only generalized information is
provided to support the conclusion that all properties included in the
project boundary are necessary for effective redevelopment. A substantial
num~er of properties have apparently been included solely to obtain the
allocation of tax increment and not because they are a detriment to the
public health, safety or welfare or necessary for effective redevelopment.
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CITY OF SAN BERNARDINO
MT. VERNON CORRIDOR REDEVELOPMENT
PLAN
June 8, 1990
Page Three
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11. Neither the plan nor any other materials presented provide substantial
evidence, or any evidence at all, upon which to base a finding that
redevelopment could not reasonably be expected to be accomplisl1ed by
private enterprise acting alone without the aid and assistance of the
agency.
12. The information provided by the agency does not support the conclusion
that the use of tax increm,nt revenues for project financing will not cause
significant financial burden or detriment to affected taxing entities.
Analysis by the county staff indicates that allocation of tax increment to the
agency for project purposes will create a substantial burden on the County
General Fund, County Flood Control District and County Library District.
Loss of tax increment by these agencies will severely impair their ability to
provide for the current level of service and meet those service demands,
both in quality and quantity, created by project activities. Further
information concernin!ll this matter is contained in the report of the Fiscal
Review Committee, which is incorporated herein by this reference.
The above information is provided for the consideration of the governing bodies
empowered to adopt the Mt. Vernon Corridor Redevelopment Plan. The provisions
of Section 33367, Health and Safety Code, have n t been met and that the plan is
not suitable for adoption.
'~ ~~\~\ \~\ ~\ ~
~ RY M. MAYS -'
Co ty Administrative Office
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ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO APPROVING AND
ADOPTING A REDEVELOPMENT PLAN FOR THE
MT. VERNON CORRIDOR REDEVELOPMENT PROJECT
AREA AS THE OFFICIAL REDEVELOPMENT PLAN FOR
SAID PROJECT AREA
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WHEREAS, the Community Development Commission of the City
of San Bernardino (the "Community Development Commission") has
formulated, prepared and approved a proposed Redevelopment Plan
for the Mt. Vernon Corridor Redevelopment Project Area (the
"Redevelopment Plan") and has recommended that the Mayor and
Common Council of the City of San Bernardino ("Common Council")
approve and adopt said Redevelopment Plan; and
WHEREAS, the Common Council has received from the Community
Development Commission the proposed Redevelopment Plan, a copy
of which is on file with the City Clerk at the Office of the
City Clerk, City Hall, 300 North "D" Street, San Bernardino.
California, together with the Report of the Community
Development Commission, including the reasons for the selection
of the Project Area, and a discussion of certain other matters
as set forth in Section 33352 of the California Health and
Safety Code of the physical, social and economic conditions
existing in the Project Area, the proposed method of financing
the redevelopment of the Project Area, an analysis of the
Preliminary Plan, the report and recommendations of the
Planning Commission of the City of San Bernardino (the
"Planning Commission"), and a discussion of certain other
matters as set forth in Section 33352 of the California Health
and Safety Code; and
WHEREAS, the Planning Commission has submitted its report
and recommendation on the proposed Redevelopment Plan finding
that the proposed Redevelopment Plan is in conformity with the
General Plan of the City of San Bernardino, and has recommended
approval of the proposed Redevelopment Plan; and
WHEREAS, the Community Development Commission has adopted
Rules Governing Participation and Reentry Preferences for
Property Owners, Operators of Businesses and Tenants within the
Project Area for the Redevelopment Plan (the "Project Area");
and
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WHEREAS, the Community Development Commission has adopted a
Relocation Plan providing for the relocation of persons,
families and businesses from the Project Area, the payment of
relocation benefits and the giving of relocation assistance to
such persons, families and businesses; and
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WHEREAS, the Community Development Commission has submitted
the proposed Redevelopment Plan and its Report thereon to the
Common Council, which Report contains, among other things, the
Planning Commission's reports and recommendations, the Report
of the County Fiscal officer and responses thereto by the
Community Development Commission; and
WHEREAS, the Community Development Commission has consulted
with property owners and businesses within the Project Area and
taxing agencies which levy taxes, or for which taxes are
levied, on property in the Project Area; and
WHEREAS, the Community Development Commission and this
Common Council have approved and adopted a Final EIR for the
adoption of the proposed Redevelopment Plan and have certified
as to their review and consideration thereof in accordance with
the California Environmental Quality Act of 1970 and the State
and local guideines and regulations adopted pursuant thereto;
and
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WHEREAS, copies of the notice of joint public hearing were
mailed by certified mail with return receipt requested to the
last known address of each addressee, as shown on the last
equalized assessment roll of the County of San Bernardino, of
each parcel of land in the Project Area; and
WHEREAS, copies of the notice of joint public hearing were
mailed by certified mail with return receipt .requested to the
governing body of each taxing agency which receives taxes from
property in the Project Area; and
WHEREAS, a joint public hearing has been fully noticed and
held by the Community Development Commission and the Common
Council as required by law, all objections have been heard and
passed upon by this Common Council, the Community Development
Commission and Common Council have received written and oral
testimony concerning the proposed Redevelopment Plan and have
duly considered all thereof and the proceedings for the
adoption of the proposed Redevelopment Plan have been duly
conducted and completed as provided by law.
NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO DO HEREBY ORDAIN AS FOLLOWS:
SECTION 1: The purposes and intent of this Common Council
with respect to the Project Area are:
(a) To eliminate the conditions of blight existing in the
Project Area;
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(b) To prevent recurrence of blighting conditions with the
Project Area.
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(c) To provide for participation by owners and tenants and
reentry preferences to persons engaged in business
with the Project Area to participate in the
redevelopment of the Project Area; to encourage and
ensure the development of the Project Area in the
manner set forth in the proposed Redevelopment Plan;
and to provide for the relocation of any residents, if
any, displaced by the effectuation of the proposed
Redevelopment Plan.
(d) To improve and construct or provide for the
construction of public facilities, roads, and other
public improvements and to improve the quality of the
environment in the Project Area to the benefit of the
Project Area and the general public as a whole.
(e) To encourage and foster the economic revitalization of
the Project Area by protecting and promoting the sound
development and redevelopment of the Project Area and
by replanning, redesigning, or developing portions of
the Project Area which are stagnant or improperly
utilized because of the lack of adequate utilities and
because of other causes.
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(f) To provide housing as required to satisfy the needs
and desires of the various age, income and ethnic
groups of the community.
SECTION 2: The Common Council hereby finds and determines
that:
(a) The Project Area is a predominantly urbanized area
which is a blighted area, the redevelopment of which
is necessary to effectuate the public purposes
declared in the California Community Redevelopment Law
(Health and Safety Code Sections 33000 et seq.). This
finding is based upon the fOllowing conditions which
characterize the Project Area:
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(1) The existence of properties which suffer
from deterioration and disuse because of inadequate
public improvements, facilities and utilities,
including inadequate and insufficient traffic
circulation, parking, drainage, sidewalks, curbs,
gutters and traffic signals, which cannot be remedied
with private and governmental action without
redevelopment.
(2) A lack of proper utilization of property,
resulting in a stagnant and unproductive condition of
land potentially useful and valuable.
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(3) A prevalence of impaired investments and
economic maladjustment.
(4) The existence of unfit or unsafe buildings
and deficient structures due to age, obsolescence
dilapidation, deterioration, defective design and
character of physical construction, faulty interior
arrangement and exterior spacing, overcrowding or
inadequate provision for ventilation, light,
sanitation, open spaces and recreation.
(5) The subdividing and sale of lots of
irregular form and shape and inadequate size for
proper usefulness and development,
(6) The laying out of lots in disregard of the
contours and other topography or physical
characteristics of the ground and surrounding
conditions.
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It is further found and determined that such
conditions are causing and will increasingly cause a
reduction and lack to such an extent that it
constitutes a serious physical, social and economic
burden on the City which cannot reasonably be expected
to be reversed or alleviated by private enterprise
acting alone, requiring redevelopment in the interest
of the health, safety and general welfare of the
people of the City and the State. This finding is
based in part on the fact that governmental action
available to the City without redevelopment would be
insufficient to cause any significant correction of
the blighting conditions, and that the nature and
costs of the public improvements are beyond the
capacity of the City and cannot be undertaken or borne
by private enterprise, acting alone or in concert with
available governmental action. This finding is
supported in part by the fact that development has not
proceeded within the Project Area, due to blighting
conditions as identified herein which discourage
development.
(b)
The Project Area is an urbanized area. Not less than
eighty percent (80%) of the privately owned property
in the Project Area has been or is developed for urban
uses or is an integral part of an area developed for
urban uses, as demonstrated by the Community
Development Commission's Report to Common Council.
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(c) The Redevelopment Plan will redevelop the Project Area
in conformity with the Community Redevelopment law and
in the interests of the public peace, health, safety
and welfare. This finding is based upon the fact that
redevelopment of the Project Area will implement the
objectives of the Community Redevelopment law by
aiding in the elimination and correction of the
conditions of blight, providing for planning,
development, redesign, clearance, reconstruction or
rehabilitation of properties which need improvement,
and providing for higher economic utilization of
potentially useful land.
(d) The adopting and carrying out of the Redevelopment
Plan is economically sound and feasible. This finding
is based in part on the fact that under the
Redevelopment Plan no public redevelopment activity
will be undertaken unless the Community Development
Commission can demonstrate that it has adequate
revenue to finance the activity; the Community
Development Commission's Report to Common Council
further discusses and demonstrates the economic
soundness and feasibility of the Redevelopment Plan
and undertakings pursuant thereto.
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(e) The Redevelopment Plan conforms to the General Plan of
the City of San Bernardino. This finding is based in
part on the finding of the Planning Commission that
the Redevelopment Plan conforms to the General Plan
for the City of San Bernardino.
(f) The carrying out of the Redevelopment Plan 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. This finding is based on the fact that
redevelopment will benefit the Project Area and the
community by correcting contributing toward needed
public improvements.
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(g) The condemnation of real property is necessary to the
execution of the Redevelopment Plan and adequate
provisions have been made for payment for property to
be acquired as provided by law. The Common Council
and the Community Development Commission recognize
that the provisions of Sections 7260 to 7276 of the
California Government Code would be applicable in the
event relocation should occur due to the
implementation by the Community Development Commission
of the Redevelopment Plan. The Common Council finds
and determines that the provision of relocation
assistance according to law constitutes a feasible
method for relocation.
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(h) There are, or are being provided, within the Project
Area or within 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 any families and persons
who might 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. This finding is based in part upon the
fact that no person or family will be required by the
Community Development Commission to move from any
dwelling unit until suitable replacement housing is
available.
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(i) Including of any lands, buildings or improvements
which are not detrimental to the public health, safety
or welfare is necessary for the effective
redevelopment of the entire area of which they are a
part, and any such area is not included for the
purpose of obtaining the allocation of tax increment
revenues from such area pursuant to Section 33670 of
the Community Redevelopment Law without other
substantial justification for its inclusion. This
finding is based in part upon the fact that the
boundaries of the Project Area were chosen as a
unified and consistent whole to include lands that
were underutilized because of blighting influences, or
affected by the existence of blighting influences, and
land uses significantly contributing to the conditions
of blight, whose inclusion is necessary to accomplish
the objectives and benefits of the Redevelopment Plan.
(j) The elimination of blight and the redevelopment of the
Project Area could not reasonably be expected to be
accomplished by private enterprise acting alone
without the aid and assistance of the Community
Development Commission. This finding is based upon
the existence of blighting influences, inCluding the
lack of adequate public improvements and facilities,
and the infeasibility due to cost of requiring
individuals (by means of assessments or otherwise) to
eradicate or significantly alleviate existing
deficiences in pUblic improvements.
(k) 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. This
based in part upon the analysis contained in the
Community Development Commission's Report to the
Common Counci 1.
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~ SECTION 3: In order to implement and facilitiate the
~ effectuation of the Redevelopment Plan hereby approved and
adopted, it is found and determined that certain official
actions must be taken by the Common Council with reference.
among other things, to changes in zoning, the vacating and
removal of the streets, alleys, and other pUblic ways, the
establishment of new street patterns, the location and
relocation of sewer and water mains and other public
facilities, and other public action, and accordingly, the
Common Council hereby:
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(a) Declares its intention to undertake and complete any
proceedings necessary to be carried out by the City of
San Bernardino under the provisions of the
Redevelopment Plan; and
(b) Requests the various officials, departments, boards,
commissions, and agencies of the City of San
Bernardino having administrative responsibilities with
respect to the Redevelopment Plan and the
implementation thereof likewise to cooperate to such
end and to exercise their respective functions and
powers in a manner consistent with the Redevelopment
Plan.
SECTION 4: The Common Council is satisfied permanent
housing facilities will be available within four (4) years from
the time occupants of the Project Area are displaced, if any,
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 City of
San Bernardino at the time of their displacement. No persons
or families of low and moderate income shall be displaced from
residences unless and until there is a suitable housing unit
available and ready for occupancy by such displaced person or
family at rents comparable to those at the time of their
displacement. Such housing units shall be suitable to the
needs of such displaced persons or families and must be decent.
safe, sanitary and otherwise standard dwellings. The Community
Development Commission shall not displace such person or family
until such housing units are available and ready for occpancy.
SECTION 5: The Common Council has considered written
objections to the Redevelopment Plan filed with the City Clerk
of the City of San Bernardino before the hour set for hearing
and oral objections presented at the hearing. All written and
oral objections have been overruled.
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SECTION 6: That certain document entitled "The
Redevelopment Plan for the Mt. Vernon Corridor Redevelopment
Project", the maps contained therein and such other reports as
are incorporated therein by reference, a copy of which is on
file in the Office of the City Clerk of the City of San
Bernardino, having been duly reviewed and considered, is hereby
incorporated in this Ordinance by reference and made a part
hereof, and as so incorporated, is hereby designated, approved
and adopted and the official "The Redevelopment for the Mt.
Vernon Corridor Redevelopment Project".
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SECTION 7: The City Clerk is hereby directed to send a
certified copy of this ordinance to the Community Development
Commission, and the Community Development Commission is hereby
vested with the responsibility for carrying out the
Redevelopment Plan, subject to the provisions of the
Redevelopment Plan.
SECTION 8: The City Clerk is hereby directed to record
within thirty (30) days from the adoption of this ordinance
with the County Recorder of San Bernardino County a description
of the land within the Project Area and a statement that the
proceedings for the redevelopment of the Project Area have been
instituted under the California Redevelopment Law. The
Community Development Commission is hereby directed to
effectuate recordation in compliance with the provisions of
Section 27295 of the Government Code to the extent applicable.
SECTION 9: The Building Department of the City of San
Bernardino is 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 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 10: The City Clerk is hereby directed to transmit
a copy of the description and statement recorded by the City
pursuant to Section 8 of this ordinance, a copy of this
ordinance, and a map or plat indicating the boundaries of the
Project Area to the Auditor and the 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 11: If any part of this Ordinance or the
Redevelopment Plan which it approves is held to be invalid for
any reason, such decision shall not affect the validity of the
remaining portion of this Ordinance or of the Redevelopment
Plan, and this Common Council hereby declares that it would
have passed the remainder of this Ordinance or approved the
~ remainder of the Redevelopment Plan if such invalid portion
~ thereof had been deleted.
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SECTION 12: The City Clerk shall certify to the passage of
this ordinance and cause a copy thereof to be published as
required by law in a newspaper of general circulation in the
City of San Bernardino, and this ordinance shall take force and
effect after its passage in the manner provided by law.
Mayor
ATTEST:
City Clerk
Approved as to form and
legal cotent:
BY:
Agency Counsel
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I hereby certify that the foregoing Ordinance was duly and
regularly passed and adopted at a meeting of
the Mayor and Common Council of the City of San Bernardino,
held this day of , 1990, by the fOllowing
vote:
AYES:
NOES:
ABSENT:
City Clerk .
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f RESOLUTION NO.
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A RESOLUTION OF THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO
CERTIFYING THE COMPLETION OF A FINAL
ENVIRONMENTAL IMPACT REPORT FOR THE
MT. VERNON CORRIDOR REDEVELOPMENT PROJECT
WHEREAS. the Community Development Commission of the City
of San Bernardino (the "Community Development Commission") has
prepared an Environmental Impact Report (the "EIR") on the
Redevelopment Plan for the Mt. Vernon Corridor (the "Project
Area") Redevelopment Project (the "Project") pursuant to the
California Environmental Quality Act (Public Resources Code
Sections 21000. ~ Aeg. ["CEQA"]). the Guidelines for
Implementation of the California Environmental Quality Act
(14 California Administrative Code Sections 15000. ~ ~..
[the "State EIR Guidelines"]). and procedures adopted by the
Mayor and Common Council of the City of San Bernardino ("Common
Council") relating to environmental evaluation of public and
private projects. and
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WHEREAS. the Community Development Commission transmitted
for filing a Notice of Completion of the Draft EIR and
thereafter. in accordance with the State EIR Guidelines.
forwarded the Draft EIR to ~he State Clearinghouse for
distribution to those agencies which have jurisdiction by law
with respect to the Project and to other interested persons and
agencies. and sought the comments of such persons and agencies;
and .
WHEREAS. notice to all interested persons and agencies
inviting comments on the Draft EIR was published in accordance
with the provisions of CEQA; and
WHEREAS. the Draft EIR was thereafter revised and
supplemented to adopt changes suggested. to incorporate
comments received and the Community Development Commission's
response to said comments and. as so revised and supplemented.
a Final EIR has been submitted to the Common Council as a part
of the Report to the Common Council. as supplemented.
pertaining to the Mt. Vernon Corridor Redevelopment Plan (the
"Redevelopment Plan"); and
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WHEREAS. a joint public hearing was held by the Community
Development Commission and the Common Council on June 11. 1990.
on the Redevelopment Plan and the Final EIR relating thereto.
following notice duly and regularly given as required by law.
and all interested persons expressing a desire to comment
thereon or object thereto have been heard. and the Final EIR
and all comments and responses thereto having. been considered;
and
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WHEREAS, the Final EIR consists of the Draft EIR, as
'- revised and supplemented, made a part of the Community
Development Commission's Report on the Redevelopment Plan, as
supplemented, and incorporating all comments received and the
response of the Community Development Commission and the Common
Council thereto as of the date hereof.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Common
Council of the City of San Bernardino as follows:
SECTION 1: The Common Council hereby certifies that the
Final EIR for the Project has been completed in compliance with
CEQA, the State EIR Guidelines and local procedures adopted by
the Common Council pursuant thereto, and that the Common
Council has reviewed and considered the information contained.
in the Final EIR.
SECTION 2: The Common Council has evaluated all
comments, written and oral, received from persons who have
reviewed the Draft EIR.
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SECTION 3: The Common Council hereby makes the written
findings set forth in Exhibit "A", attached hereto and
incorporated by reference herein for each of the significant
effects set forth in Exhibit "A", and further approves the
Findings of Fact set forth in Exhibit "A". Based on such
Findings of Fact, the Common Council hereby finds that all
significant environmental effects resulting from implementation
of the Project have been eliminated or reduced to a level of
insignificance. Based on the foregoing, the Common Council
finds and determines that the p.roject will not have a
significant effect upon the environment.
SECTION 4. The Common Council hereby adopts the
Mitigation Monitoring Program set forth in the Final EIR.
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SECTION 5: Upon approval and adoption of the
Redevelopment Plan by the Common Council, the Clerk of the
Common Council is hereby directed to file a Notice of
Determination with the County Clerk of the County pursuant to
the provisions of Section 21152 of the Public Resources Code
and the State EIR Guidelines adopted pursuant thereto.
ADOPTED this
day of
, 1990.
Mayor of the City of San
Bernardino
ATTEST:
City Clerk of the City of
San Bernardino
I hereby certify that the foregoing Resolution was duly and
regularly adopted by the Mayor and Common Council of the City
of San Bernardino at a meeting thereof held on the
day of , 1990.
AYES:
COUNCIL MEMBERS:
NOES:
ABSENT:
ABSTAIN:
City Clerk of the City of San
Bernardino
Approved as to form and
legal content:
By:
Agency Counsel
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EXHIBIT A
FINDINGS OF FACT
RELATING TO THE ENVIRONMENTAL IMPACT
OF THE MT. VERNON CORRIDOR REDEVELOPMENT PROJECT
FINDINGS OF THE MAYOR AND COMMON COUNCIL CONCERNING THE
SIGNIFICANCE OF SPECIFIC ENVIRONMENTAL IMPACTS IDENTIFIED IN
THE EIR
1. Demographics
A. Impact
Adoption of the Redevelopment Plan will
facilitate growth, thereby increasing the demand
for housing in the Project Area. Estimated
increases in population and housing in the
Project Area are consistent with General Plan
projections. Under a "worst case" scenario, over
the life of the 41 year Plan, the Project could
cause displacement of approximately 759 people.
B.
Mitigation
1. Not less than 20 percent of all taxes which
are allocated to the Community Development
Commission in accordance with Section
33334.2 of the California Health and Safety
Code shall be' used by the Community
Development Commission for purposes of
increasing and improving the City's supply
of housing for persons and families of low
and moderate income.
2.
Relocation advisory assistance shall be
furnished by the Community Development
Commission to business establishments or
residents, if any, whose property is
acquired by the Community Development
Commission in connection with implementation
of the proposed Project. Relocation
payments will be made to any businesses or
residents displaced by the Project according
to Community Development Commission rules
and regulations adopted pursuant to
California Government Code and guidelines.
The Community Development Commission could
also provide additional financial assistance
which, in the Community Development
Commission's opinion, may be necessary to
carry out the purposes of the proposed
Project, subject to the availability of
funds for such purpose.
EXHIBIT A
PAGE 1 of 22
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3.
Development of the Project Area in
accordance with the General Plan is expected
to ensure the attainment of the City's goals
for balanced land use and housing within the
community.
C. Finding of Significance
The resulting impact on housing demand from the
Project and the residential displacement and/or
relocation impacts of the Project are fully
mitigated by implementation of the above measures
as conditions of approval.
2. Traffic and Circulation
A. Impact
Over the proposed life of the Redevelopment Plan,
it is estimated that trip generation in the
Project Area may increase due, in part, to an
increase in the Project Area's economic
viability, improved housing market and employment
base.
B.
Mitigation Measures
The following mitigation measures are recommended
as conditions of Project approval.
1. All proposals for growth inducing projects
within the proposed Project Area shall be
reviewed by the Lead Agency, in accord with
this Program Environmental Impact Report, to
assess the need for additional Environmental
Impact Analysis.
2. In the event an analysis is deemed necessary
by the Lead Agency, and said analysis shows
evidence of significant negative impact to
the existing circulation/transportation
network, appropriate mitigation measures
shall be incorporated into the project(s)
prior to the project(s) development.
3.
Coordinate any major changes in circulation
patterns, e.g., street additions, street
vacations, etc., with the City of San
Bernardino Planning Department, the
California Department of Transportation
(CALTRANS) and the County of San Bernardino
as necessary.
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PAGE 2 of 22
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4.
Short-term impacts to motorists and
pedestrians should be mitigated with the use
of standard safety precautions generally
employed during project construction. These
include rerouting of traffic, use of flagmen
and limited construction hours.
The following measures are not recommended as a
condition of Project approval, however, the
Agency should consider pursuit of these mobility
goals developed by the Southern California
Association of Governments as part of a draft
regional mobility plan to further reduce Project
Area circulation system deficiencies:
5. To attain and maintain mobility in an
environment of continuing population and
economic growth.
6. To provide sufficient capacity to safely and
efficiently meet the demand to move people
and goods resulting from the overall level
of population, employment, land use, and
housing growth projected in the baseline
growth projection. .
7.
To be accessible to everyone in the region
inclUding the elderly, the handicapped, and
the transit dependent.
8. To be adaptable and ~o encourage major
changes in travel behavior including both
reducing the number of home-to-work trips
and reducing the use of the single-occupant
vehicle.
9. To achieve the most efficient mix of modes
including automobiles, trucks, buses, vans,
rail, non-motorized vehicles and new
technologies.
10. To assure the productive use of facilities
through integrated growth management and
transportation system development and "by
implementing system development and by
implementing system and demand management
techniques in a cost-effective manner,
particularly those which increase the use of
high occupancy vehicles.
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11. To be compatible with the environment and to
support the air quality management plans of
the South Air Quality Management District.
12. To support a pattern of development which
shortens trip lengths through improved
jobjhousing balance.
Additionally, the following measures have been
recommended by the Department of Transportation
in order to further reduce the number of trips
generated within the Project Area:
13. Formation of a Mount Vernon Corridor
Transportation Management Association to
handle such programs as ride sharing, van
pooling and transit coordination for the
area.
14. Development of a City-wide program where
each development project contributes toward
a Park and Ride program.
C.
Finding of Significance
Upon implementation of the above mitigation
measures, no significant adverse impacts will
result to intersection operations or traffic
circulation in the Project Area.
3. Noise
A. Impacts
There will be a significant short-term increase
in noise and vibration levels on and adjacent to
specific development sites in the Project Area
during demolition, excavation, grading and other
.construction activities. However, the long-term
noise impacts resulting from the Project are
insignificant.
B. Mitigation
1. All subsequent redevelopment activities
shall adhere to the policies and actions
described in the Noise Element to the San
Bernardino General Plan.
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2.
Any future developments generated through
implementation of the proposed Project shail
be allowed only in the areas as designated
for that particular use by the City's
General Plan to ensure land use noise
compatibili ty.
3. All construction activities should be
limited to daytime hours.
4. Construction activity contracted by the
Redevelopment Agency should be monitored to
ensure that U.S. General Services
Administration (GSA) Construction-Noise
Specifications are met.
5. New development located adjacent to existing
noise sources shall be appropriately
buffered to assure maximum land use
compatibility. Appropriate measures shall
be determined on a project-by-project basis
in accordance with the necessary project
specific environmental impact analysis.
6.
Sensitive noise receptors shall not be
located adjacent to existing noise emitters.
C. Finding of Significance
Upon implementation of the above mitigation
measures, the noise impacts of the Project will
be fully mitigated.
4.
Climate and Air Quality
.
A. Impact
The degree of impact on regional and local air
quality should be insignificant due to the
Project's long-term period of implementation and
given that most projects will actually involve
rehabilitation of infrastructural deficiencies.
Construction of specific development of proposals
in the Project Area will produce exhaust
emissions during construction, and dust
generation as a result of earth movement and
equipment traffic over temporary roads. Other
long-term impacts associated with future growth
under the Project consist of emissions generated
from stationary and mobile sources.
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PAGE 5 of 22
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B.
Mitigation
No mitigation measures are recommended as a
condition of Project approval. However, the
Agency should consider the following measures as
conditions to restore and perpetuate improved air
quality within the City of San Bernardino:
1. The Agency shall participate with the South
Coast Air Quality Management District and
the County of san Bernardino in the
development of long-range solutions
regarding the regional air quality.
2. Specific projects, as appropriate, shall be
reviewed by the Lead Agency for their
individual and cumulative impacts upon the
local and regional air cell during the
appropriate stage of planning.
3.
Watering is the normal method of dust
control on construction sites. An effective
watering program (complete coverage twice
daily) could reduce emissions by about 50
percent. The conditions of approval for
affected projects shall require that all
construction contracts include provisions
for a comprehensive dust control effort,
involving frequent watering of all dust
sources and clean-up of all mud carried out
from construction sites onto roadways.
C. Finding of Significance
The individual and cumulative air quality impacts
of this Project are potentially insignificant or
reduced to a level of insignificance by
implementation of the above mitigation measures.
5. Cultural Resources
A. Impact
The proposed Project could have an affect upon
archaeological/historical resources in the
Project Area, particularly in these portions of
the Project Area identified as being within the
Urban Archaeological District. Development.
and/or redevelopment projects could disturb, or
render inaccessible, known or potential
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survey shall be conducted by a
certified archaeologist unless the
entire proposed project site has been
documented as previously surveyed in a
manner which meets the approval of City
officials. A report of the literature
and records research and the field
survey shall be submitted to and
approved by City officials. Future
mitigation shall depend upon the
recommendations of this report.
(b) Prior to initial implementation level
approvals, a certified archaeologist
shall be retained by the project
proponent to perform a subsurface test
level investigation and surface
collection as appropriate. The test
level report evaluating the site shall
include discussions of significance
(depth, nature, condition, and extent
of the resources), final mitigation
recommendations and cost estimates.
Prior to the issuance of a grading
permit and based on the report
recommendations and City policy, final
mitigation shall be carried out based
upon a determination as the site's
disposition by City officials.
Possible determinations include, but
are not limited to, preservation,
salvage, partial salvage, or no
mitigation necessary.
(c) Prior to issuance of grading permits,
project proponent shall provide written
evidence to City officials that a
certified archaeologist has been
retained by the project proponent to
conduct salvage excavation of the
archaeological resources in the permit
area. A final report shall be
submitted to and approved by City
officials prior to any grading in the
archaeological site areas.
(d) Prior to issuance of a grading permit,
project proponent shall provide written
evidence to City officials that a
certified archaeologist has been
retained, shall be present at the
EXHIBIT A
PAGE 8 of 22
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pre-grading conference, shall establish
procedures for archaeological resource
surveillance, and shall establish, in
cooperation with the project proponent,
procedures for temporarily halting or
redirecting work to permit the
sampling, identification, and
evaluation of the artifacts as
appropriate. If additional or
unexpected archaeological features are
discovered, the archaeologist shall
report such findings to City
officials. If the archaeological
resources are found to be significant,
the archaeological observer shall
determine appropriate actions, in
cooperation with the project proponent,
for exploration and/or salvage. These
actions, as well as final mitigation
and disposition of the resources, shall
be subject to the approval of City
officials.
Historical Sites
1.
Prior to planning level approvals (i.e.,
general plan, zone change, etc.), a
literature and records search and a
spot-check field survey shall be performed
by an historian, retained by the project
proponent, and approved by City officials.
2. Prior to planning level approvals (i.e.,
general plan, zone change, etc.) an
historian shall be retained by project
proponent to complete literature and records
research for recorded sites and previous
surveys. In addition, a field survey shall
be conducted unless the entire proposed
project site has been documented as
previously surveyed in a manner which meets
the approval of City officials. A report of
the literature and records research and the
field survey shall be submitted to and
approved by the City officials. Future
mitigation shall depend upon the
recommendations of this report and will be
completed prior to implementation level
approvals (i.e., tentative tract, site plan,
etc.) .
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3.
Based on existing information, no historic
resources are located on the project site.
However, if historic resources are
discovered on site during an archaeological
or historical resources field surveyor by
additional information revealed during the
implementation phase of development, the
project proponent shall notify City
officials.
4.
(a) Prior to initial implementation level
approvals, (i.e., tentative tract, site
plan, etc.), an historian shall be
retained by the project proponent to.
complete literature and records
research for recorded sites and
previous surveys. In addition, a field
survey shall be conducted unless the
entire proposed project site has been
documented as previously surveyed in a
manner which meets the approval of City
officials. A report of the literature
and records research and the field
survey shall be submitted to and
approved by City officials. Future
mitigation shall depend upon the
recommendations of this report.
(b) Prior to initial implementation level
approvals, an elevation of the historic
resources shall be completed by an
historian through comparative analysis
with other historic resources or with
materials collected by subsurface
testing on site. The evaluation report
shall include discussion of
significance, final mitigation
recommendations, and cost estimates.
Prior to the issuance of a grading
permit and based on the report
recommendations and City policy, final
mitigation shall be carried out based
upon a determination as to the site's
disposition by City officials.
Possible determinations include, but
are not limited to, preservation,
relocation, salvage, adoptive reuse,
partial salvage, complete
documentation, or no mitigation
necessary.
EXHIBIT A
PAGE 10 of 22
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(c) Prior to issuance of grading permit,
project applicant shall provide written
evidence to City officials that an
historian has been retained by the
applicant to implement final mitigation
measures. A final report shall be
submitted to and approved by City
officials to alteration of the
historical site area.
(d) Development adjacent to a place,
structure, or object of historic
significance shall be designed so that
permitted uses and architectural design
will protect the visual setting of the
historic site. Such design shall be
submitted to and approved by Cfty
officials prior to any alteration of
the historical site area.
C.
Finding of Significance
Upon implementation of the above mitigation
measures into the Project, the impacts of
the Project on cultural resources are
reduced to a level of insignificance.
6. Earth Resources
A. The proposed Project, being consistent with the
City's General Plan, will allow development
within the Alquist-Priolo Special Studies Zone.
Plan related development within this zone will
require mitigation measures to minimize
earthquake related health and safety risks to the
general public such as ground shaking,
liquefaction and erosion. Portions of the
Project Area are within aggregate resource zones
of regional significance as classified by the
State Division of Mines and Geology. The Project
has the potential to create land use conflicts
that would prevent future mining of these areas;
loss of significant resources will have to be
mitigated. Related projects could ultimately
involve the modification of unique geologic or
physical features located within the Project
Area. Loss of significant resources will have to
be mitigated.
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EXHIBIT A
PAGE 11 of 22
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B.
Mitigation
Seismic
1. Geotechnical and soils engineering reports
shall be prepared in conjunction with the
preparation of preliminary design layouts
and grading plans for the Project Area.
These studies will determine areas of
seismic and geologic sensitivity and will
provide specific mitigation measures for the
treatment of potential seismic hazards and
other hazardous geologic conditions.
. 2.
All rehabilitation and new development
projects implemented as a result of the
proposed Project, shall be built in
accordance with current and applicable
Uniform Building Code standards and
applicable County ordinances and safety
provisions, which may limit construction and
site preparation activities such as grading,
and make provisions for appropriate land use
restrictions, as deemed necessary, to
protect residents and others from potential
environmental safety hazards, either
seismically induced or those resulting from
other conditions such as inadequate soil
conditions, which may exist in the proposed
Project Area.
3. Rehabilitation programs for upgrading
deficiencies where such improvement in
warranted shall be practiced by the Agency.
All new development projects within the
proposed Project Area shall be built in
accordance with current and applicable
Uniform Building Code (UBC) standards and
other applicable City, County, State and
Federal laws, regulations and guidelines.
4. The Agency shall work with the City in the
monitoring of and Compliance with the
requirements of Senate Bill 547, the
structure hazard program.
Mineral Resources
1. The value of existing aggregate reserves
within the proposed Project Area shall be
assessed by the Lead Agency, in cooperation
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EXHIBIT A
PAGE 12 of 22
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with the State Department of Conservation's
Division of Mines and Geology, on a
project-by-project basis to determine the
need for, and feasibility of, specific
project mitigation measures, e.g.,
extractive development of resources prior to
other types of development, appropriate and
compatible development locations, etc.
Application of this mitigation measure will
assure that the Agency continually monitor
aggregate reserves within Project Area
boundaries following the parameters
established by the Department of
Conservation.
2.
The Redevelopment Agency shall, when
feasible, work with other City departments
to direct urban growth to areas
demonstrating less mineral resources in
order to protect any existing aggregate
reserves.
3.
Provision shall be made for the reclamation
of mining sites, pursuant to Section 4.3.4,
Mineral Resources, of the City's General
Plan.
4.
The Redevelopment Agency shall, when
feasible, promote higher densities and/or
clustering areas of development to allow a
greater portion of those parts of the
proposed Project area to remain available
for mining of aggregate reserves prior to
allowing urban development.
C. Finding of Significance
This City Council finds that incorporation of the
above mitigation measures into the Project will
reduce the seismic and geological impacts of the
Project to a level of insignificance.
7. Biotic Resources
A.
Impact
Future redevelopment activities within the
Proj~ct Area could affect various types of
vegetation and some small rodents located in the
Project Area. However, most of the Project Area
has undergone extensive disturbance by urban land
uses.
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EXHIBIT A
PAGE 13 of 22
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B.
Mitigation
1. Development in the Project Area shall comply
with the requirements of the City's
biological management overlay zone as
appropriate.
C. Finding of Significance
Incorporation of the above mitigation measure
into the Project fully mitigates the impacts of
the Project on biotic resources.
8. Public Health and SafetvjMan Made Hazards
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A.
Impact
Short term negative impacts upon the general
public's health and safety will be limited to
those impacts associated with construction
activities that are necessary to implement the
Project. Such negative impacts may include, but
not be limited to: (1) temporary traffic
congestion resulting from roadway and utilities
infrastructure improvement/expansion projects;
(2) increased noise and air pollutant levels
resulting from construction projects; and (3)
temporary impediment of some pedestrian pathways
during reconstruction and improvement of those
same routes. The Project is not expected to
expose pev~le to potential man-made hazards such
as hazardous wastes and toxic chemicals. The
City has initiated procedures for monitoring
industries that store, utilize or transport such
chemicals. Industries within the Project Area
that have contact with such chemicals will be
subject to these existing procedures and
restrictions.
B.
Mitigation
1. The use of standard safety precautions
generally employed during project
construction phases, which interface with
the general public, shall be used as a means
to mitigate potential safety hazards. Such
precautions may include, but not be limited
to:
EXHIBIT A
PAGE 14 of 22
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a.
rerouting of traffic away from
construction areas;
b. use of flagmen at hazardous
construction zones;
c. timing of construction to take
advantage of light periods of traffic;
d. use of exhaust and noise filters on
construction equipment;
e. limiting construction projects which
include earth moving to months of low
rainfall, thereby reducing the chance
of erosion; and
f. use of water applications upon graded
areas during dry summer months to
provide dust control.
2.
Depending upon the specific project,
additional mitigation measures may be
required. The Community Development
Commission, acting as the Lead Agency, shall
determine on a project-by- project basis
and, in accord with this Program
Environmental Impact Report, .the need for
additional environmental assessment. The
need for additional mitigations to lessen
impacts of short term construction related
hazards that affect the health and safety of
the general public shall be analyzed at that
time.
C. Finding of Significance
Incorporation of the above mitigation measures
into the Project fully mitigates the public
health and safety impacts of the Project.
9. Schools
A. Impact
Short-term impacts from redevelopment activities
could include traffic disruption and noise
related to infrastructural improvement projects
and road construction taking place near or
adjacent to the school sites located within the
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EXHIBIT A
PAGE 15 of 22
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Project Area. Long-term impacts of the proposed
project upon the affected school districts are
related to the increase in population incurred
from redevelopment related housing programs and
commercial/industrial employment base increases.
However, no significant impacts upon the three
school districts presently serving the Project
Area are expected to occur as a result of the
Plan's implementation, because the number of new
students that will be generated as a result of
new housing and employment opportunities within
the Project Area is insignificant over the 41
year life of the Plan.
B. .
Mitigation
1. Short-term impacts to school children shall
be mitigated with the use of standard safety
precautions generally employed during
traffic related construction such as:
rerouting of traffic, use of flagmen, etc.
2.
Construction activity contracted by the
Agency should be monitored to ensure that
U.S. General Services Administration (GSA)
construction-noise specifications are met.
c
3. The School Districts should continue to
collect the development fee for purposes of
funding school facility programs.
C. Finding of Significance
Upon implementation of the above mitigation
measures into the Project, the potential school
service impacts in the Project Area are reduced
to a level of insignificance.
10. Water
A. Impact
Implementation of the Project may result in
impacts on water supply services. Daily water
consumption subsequent to the completion of new
development in the Project Area could increase as
a result of Project implementation. However, the
increase in water consumption should be
insignificant on a regional scale.
'C
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EXHIBIT A
PAGE 16 of 22
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B.
Mitigation
The following mitigation measures are recommended
as conditions of Project approval to further
ensure the long-term availability and
conservation of regional water resources:
1. All proposals for future growth inducing
projects shall be reviewed by the Lead
Agency, in accord with this Program
Environmental Impact Report, to determine
the need for specific projects environmental
impact analysis relative to impacts such
development may have upon regional water
resources and local distribution facilities.
2. Water distribution system expansioh and/or
improvement projects shall precede or be
concurrent with all growth generating
projects.
3.
Consideration by the Lead Agency, in accord
with the Department of Water Resources
recommendation, consider implementing a
comprehensive program to use reclaimed water
for irrigation purposes in order to free up
fresh water supplies for beneficial uses
requiring high quality water supplies.
Additionally, the following mitigation measures
should be established, when appropriate, to
reduce water use, thereby reducing demands upon
the existing and future distribution systems:
4. Plumbing fixtures that reduce water usage
shall be utilized (i.e., low volume toilet
tanks, flow control devices for faucets and
shower heads) in accordance with Title 24 of
the California Administrative Code.
5. The use of drought-tolerant plant species
and drip irrigation systems shall be
considered in order to reduce water usage.
6. Installation of low flush toilets in
accordance with Health and Safety Code
Section 17921.3.
7.
Installation of low flow showers and faucets
in accordance with California Administrative
Code, Title 24, Part 6, Article 1, T20-1406F.
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PAGE 17 of 22
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8.
Future developers should be assessed a water
capacity fee for importation and
distribution facilities.
9. The use of approved American National
Standards Institute (ANSI) showerheads,
lavatory faucets and sinks in all new
development, in accordance with California
Administrative Code, Title 20,
Section 1604(f).
10. Compliance with California Administrative
Code Section 1606(b) (Appliance Efficiency
Standards) which prohibits the sale of
fixtures that do not comply with regulations.
11. Compliance with the California
Administrative Code, Title 24,
Section 2-5307(b) (California Energy
Conservation Standards for New Buildings)
which prohibits the installation of fixtures
unless the manufacturer has certified to the
CEC compliance with the flow rate standard.
12. Compliance with the California
Administrative Code, Title 24,
Sections 2-5352(i) and (j) which addresses
pipe insulation requirements that can reduce
water used before hot water reaches
equipment or fixtures.
13. Compliance with Health and.Safety Code
Section 4047 which prohibits installation of
residential water softening or conditioning
appliances unless certain conditions are
satisfied.
14. Compliance with Health and Safety Code
Section 7800 which specifies that lavatories
in all public facilities constructed after
January 1, 1985, be equipped with
self-closing faucets that limit flow of hot
water.
Recommendations to be implemented where
applicable:
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PAGE 18 of 22
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Interior:
15. Supply line pressure: recommend water
pressure greater than SO psi be reduced to
SO psi or less by means of a
pressure-reducing valve.
16. Flush valve operated water closets:
recommend 3 gallons per flush.
17. Drinking fountains: recommend installation
of self-closing valves.
18. Pipe insulation: recommend all hot water
lines in dwelling units be insulated to
provide hot water quickly with less water
use and to prevent hot pipes from'heating
cold pipes.
19. Restaurants: use of water-conserving models
of dishwashers or retrofitting spray
emitters. Drinking water to be served upon
request only.
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21.
22.
Hotel Rooms: conservation reminders be
posted in rooms and restrooms.
Thermostatically controlled mixing valve be
installed for bath/shower.
Laundry Facilities: water-conserving models
of washers be used.
U1tra-1ow-f1ush-toi1ets: 1-1/2 gallon per
flush toilets be installed in all new
construction.
Exterior:
23. Landscape with low water-consuming plants.
24. Use mulch extensively in all landscaped
areas. Mulch applied to top soil will
improve the water-holding capacity of the
soil by reducing evaporation and soil
compaction.
25. Preserve and protect existing trees and
shrubs. Established plants are often
adap~ed to low water conditions and their
use saves water needed to establish
replacement vegetation.
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26. Minimize the use of law by limiting it to
lawn-dependent uses, such as playing
fields. When lawn is used, require warm
season grasses.
27. Group plants of similar water use to reduce
overirrigation of low-water-using plants.
28. Provide information to occupants regarding
benefits of low-water-using landscaping and
sources of additional assistance.
29. Use mulch extensively in all landscaped
areas. Mulch applied on top of soil will
improve the water-holding capacity of the
soil by reducing evaporation and soil
compaction.
30. Preserve and protect existing trees and
shrubs. Established plants are often
adapted to low-water-using conditions and
their use saves water needed to establish
replacement vegetation.
31. Install efficient irrigation systems that
minimize runoff and evaporation and maximize
the water that will reach the plant roots.
Drip irrigation, soil moisture sensors, and
automatic irrigation systems are a few
methods of increasing irrigation efficiency.
32. Use pervious paving material whenever
feasible to reduce surface water runoff and
to aid in ground water recharge.
33, Grade slopes so that runoff of surface water
is minimized.
34. Investigate the feasibility of using
reclaimed waste water, stored rainwater, or
grey water for irrigation.
35. Encourage cluster development, which can
reduce the amount of land being converted to
urban use. This will reduce the amount of
impervious paving created and thereby aid in
ground water recharge.
36. Preserve existing natural drainage areas and
encourage the incorporation of natural
drainage systems in new developments. This
aids ground water recharge.
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PAGE 20 of 22
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37. To aid in ground water recharge, preserve
flood plains and aquifer recharge areas as
open space.
C. Finding of Significance
Upon implementation of the above mitigation
measures, the impacts of the Project on water
supply services are fully mitigated.
11. . Other Impacts
Based on the EIR and the Record before the
Community Development Commission, the Community
Development Commission hereby finds that
implementation of the Project results in no other
significant adverse environmental impacts.
FINDINGS OF THE COMMUNITY DEVELOPMENT COMMISSION CONCERNING THE
PROJECT ALTERNATIVES
Each of the alternatives presented in the EIR has been
considered. Those alternatives are hereby found to be
infeasible based on economic, social and other considerations
as set forth below.
1.
Infeasibility of the No Project Alternative
The No Project Alternative would not accomplish the
goals and objectives of the Redevelopment Plan.
Adoption of the No Project Alternative would serve .
only to delay the potential adverse impacts associated
with development of the Project site (increased
traffic, noise, or air pollution). If private
development of sites within the Project Area does not
occur in the near future, adoption of the No Project
Alternative would result in a direct loss of revenue
to the Community Development Commission as well as a
potential indirect loss since the values of
surrounding properties would be adversely affected.
Uncertainty in development also could make it more
difficult to generate developer interest in
redevelopment of the Project Area. Accordingly, the
No Project Alternative is found to be infeasible.
2.
Infeasibility of the Alternative Project Areas and
Size Alternative.
The environmental impacts of the proposed Redevelop-
ment Project would be greater under these alternatives
because decreasing the size of the Project Area does
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EXHIBIT A
PAGE 21 of 22
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not eliminate the need for the identified infrastruc-
ture improvements. In the final analysis, decreasing
the existing Project Area size is not appropriate
since the established boundaries were chosen on the
basis of eXisting conditions including physical
deterioration, social maladjustment, and economic
decline. The existing Project Area represents a
well-defined area .with specific revitalization needs.
Accordingly, the Alternative Project Area Size
Alternative is rejected as infeasible.
3.
Infeasibility of the Limited Redevelopment Activities
Alternative.
The environmental impacts resulting from implementation
of the Limited Redevelopment Activities Alternative
would be greater than those occurring as a result of
the Project's implementation. Additionally, tax
increment revenues would be severely restricted. Such
restrictions or limitations would result in
commensurate reductions in the Community Development
Commission's ability to undertake the Redevelopment
Program as contemplated by the amended Redevelopment
Plan, including: (1) reductions in public
improvements and facilities provided; (2) a restricted
ability to eliminate conditions of deficiency; and
(3) a reduced ability to implement the goals of the
General Plan and to eliminate existing environmental
deficiencies and problems occurring within the Project
Area. In the final analysis, the Limited
Redevelopment Activities Alternative is not an
environmentally superior alternative to the Plan
amendment and, therefore, it is rejected as infeasible.
4.
Infeasibility of the Alternative Financing Alternative.
As an alternative to the Redevelopment Project, the
Community Development Commission or City could attempt
to undertake a similar program utilizing alternative
sources of revenue (sources other than tax increment
revenues). However, no single source would be
sufficient in amount or purpose to accomplish the
activities contemplated by the Redevelopment Project.
Accordingly, the Alternative Financing Alternative is
rejected as infeasible.
04/25/90
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EXHIBIT A
PAGE 22 of 22
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I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Community Development Commission of the City of
San Bernardino at a meeting thereof, held on
the __ day of , 1990, by the following vote, to
wit:
AYES:
Commissioners:
NAYS:
ABSENT
OR ABSTAIN:
Secretary
The foregoing resolution is hereby approved this __ day
of . , 1990.
Chairman of the Community
Development Commission of
the City of San Bernardino
Approved as to form and
legal content:
Agency Counsel
By:
04/25/90
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C)
EXHIBIT A
FINDINGS OF FACT
RELATING TO THE ENVIRONMENTAL IMPACT
OF THE MT. VERNON CORRIDOR REDEVELOPMENT PROJECT
FINDINGS OF THE COMMUNITY DEVELOPMENT COMMISSION CONCERNING THE
SIGNIFICANCE OF SPECIFIC ENVIRONMENTAL IMPACTS IDENTIFIED IN
THE EIR
1. Demographics
A. Impact
Adoption of the Redevelopment Plan will
facilitate growth, thereby increasing the demand
for housing in the Project Area. Estimated
increases in population and housing in the
Project Area are consistent with General Plan
projections. Under a "worst case" scenario, over
the life of the 41 year Plan, the Project could
cause displacement of approximately 759 people.
B.
Mitigation
1. Not less than 20 percent of all taxes which
are allocated to the Community Development
Commission in accordance with Section
33334.2 of the California Health and Safety
Code shall be used by the Community
Development Commission for purposes of
increasing and improving the City's supply
of housing for persons and families of low
and moderate income.
2.
Relocation advisory assistance shall be
furnished by the Community Development
Commission to business establishments or
residents, if any, whose property is
acquired by the Community Development
Commission in connection with implementation
of the proposed Project. Relocation
payments will be made to any businesses or
residents displaced by the Project according
to Community Development Commission rules
and regulations adopted pursuant to
California Government Code and guidelines.
The community Development Commission could
also provide additional financial assistance
which, in the Community Development
Commission's opinion, may be necessary to
carry out the purposes of the proposed
Project, subject to the availability of
funds for such purpose.
EXHIBIT A
PAGE I of 22
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3.
Development of the Project Area in
accordance with the Geneval Plan is expected
to ensure the attainment of the City's goals
for balanced land use and housing within the
community.
C. Finding of Significance
The resulting impact on housing demand from the
Project and the residential displacement and/or
relocation impacts of the Project are fully
mitigated by implementation of the above measures
as conditions of approval.
2. Traffic and Circulation
A. Impact
B.
04/25/90
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Over the proposed life of the Redevelopment Plan,
it is estimated that trip generation in the
Project Area may increase due, in part, to an
increase in the Project Area's economic
viability, improved housing market and employment
base.
Mitigation Measures
The following mitigation measures are recommended
as conditions of Project approval.
1. All proposals for growth inducing projects
within the proposed Project Area shall be
reviewed by the Lead Agency, in accord with
this Program Environmental Impact Report, to
assess the need for additional Environmental
Impact Analysis.
2. In the event an analysis is deemed necessary
by the Lead Agency, and said analysis shows
evidence of significant negative impact to
the existing circulation/transportation
network, appropriate mitigation measures
shall be incorporated into the project(s)
prior to the project(s) development.
3.
Coordinate any major changes in circulation
patterns, e.g., street additions, street
vacations, etc., with the City of San
Bernardino Planning Department, the
California Department of Transportation
(CALTRANS) and the County of San Bernardino
as necessary.
EXHIBIT A
PAGE 2 of 22
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4.
Short-term impacts to motorists and
pedestrians should be mitigated with the use
of standard safety precautions generally
employed during project construction. These
include rerouting of traffic, use of flagmen
and limited construction hours.
The following measures are not recommended as a
condition of Project approval, however, the
Agency should consider pursuit of these mobility
goals developed by the Southern California
Association of Governments as part of a draft
regional mobility plan to further reduce Project
Area circulation system deficiencies: .
5. To attain and maintain mobility in an
environment of continuing population and
economic growth.
6.
To provide sufficient capacity to safely and
efficiently meet the demand to move people
and goods resulting from the overall level
of population, employment, land use, and
housing growth projected in the baseline
growth projection.
7.
To be accessible to everyone. in the region
including the elderly, the handicapped, and
the transit dependent.
8. To be adaptable and to encourage major
changes in travel behavior inCluding both
reduCing the number of home-to-work trips
and reduCing the use of the single-occupant
vehicle.
9. To achieve the most efficient mix of modes
inclUding automobiles, trucks, buses, vans,
rail, non-motorized vehicles and new
technologies.
10. To assure the productive use of facilities
through integrated growth management and
transportation system development and by
implementing system development and by
implementing system and demand management
techniques in a cost-effective manner,
particularly those which increase the use of
high occupancy vehicles.
EXHIBIT A
PAGE 3 of 22
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11. To be compatible with the environment and to
support the air quality management plans of
the South Air Quality Management District.
12. To support a pattern of development which
shortens trip lengths through improved
jobfhousing balance.
Additionally, the following measures have been
recommended by the Department of Transportation
in order to further reduce the number of trips
generated within the Project Area:
13. Formation of a Mount Vernon Corridor
Transportation Management Association to
handle such programs as ride sharing, van
pooling and transit coordination for the
area.
14. Development of a City-wide program where
each development project contributes toward
a Park and Ride program.
C.
Finding of Significance
Upon implementation of the above mitigation
measures, no significant adverse impacts will
result to intersection operations or traffic
circulation in the Project Area.
3. Noise
A. Impacts
There will be a significant short-term increase
in noise and vibration levels on and adjacent to
specific development sites in the Project Area
during demolition, excavation, grading and other
construction activities. However, the long-term
noise impacts resulting from the Project are
insignificant.
B. Mitigation
1. I All subsequent redevelopment activities
shall adhere to the policies and actions
described in the Noise Element to the San
Bernardino General Plan.
04/25/90
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EXHIBIT A
PAGE 4 of 22
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2.
Any future developments generated through
implementation of the proposed Project shall
be allowed only in the areas as designated
for that particular use by the City's
General Plan to ensure land use noise
compatibility.
3. All construction activities should be
limited to daytime hours.
4. Construction activity contracted by the
Redevelopment Agency should be monitored to
ensure that U.S. General Services
Administration (GSA) Construction-Noise
Specifications are met.
5. New development located adjacent to existing
noise sources shall be appropriately
buffered to assure maximum land use
compatibility. Appropriate measures shall
be determined on a project-by-project basis
in accordance with the necessary project
specific environmental impact analysis.
6.
Sensitive noise receptors shall not be
located adjacent to eXisting noise emitters.
C. Finding of Significance
Upon implementation of the above mitigation
measures, the noise impacts of the Project will
be fully mitigated.
4. Climate and Air Quality
A. Impact
The degree of impact on regional and local air
quality should be insignificant due to the
Project's long-term period of implementation and
given that most projects will actually involve
rehabilitation of infrastructural deficiencies.
Construction of specific development of proposals
in the Project Area will produce exhaust
emissions during construction, and dust
generation as a result of earth movement and
equipment traffic over temporary roads. Other
long-term impacts associated with future growth
under the Project consist of emissions generated
from stationary and mobile sources.
04/25/90
9388n/2601/011
EXHIBIT A
PAGE 5 of 22
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B.
Mitigation
No mitigation measures are recommended as a
condition of Project approval. However, the
Agency should consider the following measures as
conditions to restore and perpetuate improved air
quality within the City of San Bernardino:
1. The Agency shall participate with the South
Coast Air Quality Management District and
the County of San Bernardino in the
development of long-range solutions
regarding the regional air quality.
2. Specific projects, as appropriate, shall be
reviewed by the Lead Agency for their
individual and cumulative impacts upon the
local and regional air cell during the
appropriate stage of planning.
3.
Watering is the normal method of dust
control on construction sites. An effective
watering program (complete coverage twice
daily) could reduce emissions by about 50
percent. The conditions of approval for
affected projects shall require that all
construction contracts include provisions
for a comprehensive dust control effort,
involVing frequent watering of all dust
sources and clean-up of all mud carried out
from construction sites onto roadways.
C. Finding of Significance
The individual and cumulative air quality impacts
of this Project are potentially insignificant or
reduced to a level of insignificance by
implementation of the above mitigation measures.
5. Cultural Resources
A. Impact
The proposed Project could have an affect upon
archaeological/historical resources in the
Project Area, particularly in these portions of
the Project Area identified as being within the
Urban Archaeological District. Development
and/or redevelopment projects could disturb, or
render inaccessible, ,known or potential
04/25/90
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EXHIBIT A
PAGE 6 of 22
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archaeological/historical sites of significant
value.
Mitiqation
Prior to initial planning studies being
undertaken for Plan related projects within the
proposed Project Area, the appropriate project
representative(s) shall determine if a given
project will pact a known or potentially
significant archaeological/historical site.
Following this initial determination, compliance
with the following mitigation measures, as
appropriate, shall occur:
Archaeological Sensitivity
1. Prior to planning level approvals (i.e.,
general plan, zone change, etc.), a
literature and records search and a
spot-check field survey shall be performed
by a City certified archaeologist, retained
by the project proponent, and approved by
City officials.
2.
Prior to planning level approvals, (i.e.
general plan, zone change, etc.), a
certified archaeologist shall be retained by
the project proponent to complete literature
and records research for recorded sites and
previous surveys. In addition, a field
survey shall be conducted by a certified
arChaeologist unless the entire proposed
project site has been documented as
previously surveyed in a manner which meets
City approval. A report of the literature
and records research and the field survey
shall be submitted to City staff for their
approval. Future mitigation shall depend
upon the recommendations of this report and
will be completed prior to implementation
level approvals (i.e., tentative tract, site
plan, etc.).
3 .
(a) Prior to initial implementation level
approvals (i.e., tentative tract, site
plan, etc.), a certified archaeologist
shall be retained by the project
proponent to complete literature and
records research for recorded sites and
previous surveys. In addition, a field
EXHIBIT A
PAGE 7 of 22
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C I T Y 0 F SAN B ERN A R DIN 0
INTEROFFICE MEMORANDUM
TO:
Mayor and Common Council
FROM:
Dennis A. Barlow, Sr. Asst. City Attorney
DATE:
June 18, 1990
RE:
Water Department Loan
You have before you the promissory note and deed of trust to
secure the loan from the Joint Powers Financing Authority to the
Water Department. This requires Council approval since title is
held in the name of the City. We were not aware of the status of
the title nor did we redraft the documents to reflect that status
until Friday afternoon, June 15. This was too late to put the
item on the Council's agenda for action. We therefore recommend
that you determine by 5/7 vote that this is an item that arose
since the agenda was posted and thereafter take action to
authorize the execution of the promissory note and deed of trust.
The Council should be aware that the promissory note very clearly
provides that the Water Department is responsible for payment of
this note and that the City's General Fund is not at risk.
~J
DENNIS A BARLOW
DAB/ses/water.mem
June 18, 1990
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PROMISSORY NOTE SECURED BY DEED OF '!'RUST
$4,965,000.00
Place:
San Bernardino Joint
Powers Financing Authority
300 North "D" Street
San Bernardino, CA 92418
Date:
FOR VALUE RECEIVED, the undersigned jointly and severally
promises to pay to the San Bernardino' Joint Powers Financing
Authority (the "Authority") or its successors, the sum of Four
Million Nine Hundred Sixty-Five Thousand Dollars ($4,965,000.00),
and to pay interest on the unpaid principal amount of this Note
from the date hereof, at the rate of eight and one quarter
percent (8.25%) per annum, until paid.
All principal and
interest shall be due and payable on June 18, 1991. All payments
shall be made in lawful money of the United States at the
principal office of the Authority, City Treasurer, 300 North "D"
Street, Second Floor, City Hall, San Bernardino, CA 92418, or at
such other place as may from 'time to time be designated by the
Authority in writing. This Note shall become immediately due and
payable in the amount of unpaid principal, with interest, upon
transfer of title of the property described in the Deed of Trust
securing this Note to any person, firm or corporation other than
the undersigned and except as provided in said Deed of Trust,
whether such transfer of title be VOluntary, involuntary, or by
operation of law.
The undersigned reserves the right to prepay at any time
all or any part of the principal amount of this Note without the
payment of penalties or premiums.
All payments on this Note
DAB/ses/Prom.not
June 15, 1990
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shall be applied first to the interest due on the Note and then
to the principal due on the Note. Except as provided below, all
payments on this Note shall be credited as of the due date
thereof without adjustment of interest because paid either before
or after such due date.
IN THE EVENT the undersigned shall fail to pay this note
when due, the undersigned shall then be in default of this note.
If suit is instituted by the Authority to recover on this
Note, the undersigned agrees to pay all costs of such collection
including reasonable attorney's fees and court costs.
THIS NOTE is secured by a Deed of Trust of even date, duly
filed for record in the office of the County Recorder of the
County of San Bernardino, State of California.
THIS NOTE is not an obligation of the City General Fund but
shall solely be the responsibility of the Water Department of the
City.
DEMAND, protest and notice of demand and protest are hereby
waived and the undersigned hereby waives, to the extent
authorized by law, any and all homestead and other exemption
rights
Note.
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which otherwise would apply to the debt evidenced by this
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June 15, 1990
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undersigned, as of its date.
IN WITNESS WHEREOF, THIS NOTE has been duly executed by the
DAB/ses/Prom.not
June 15, 1990
BOARD OF WATER COMMISSIONERS
OF TaE CITY OF SAN BERNARDINO
By:
President
CITY OF SAN BERNARDINO
By:
W.R. Holcomb, Mayor
3
,
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DEED OF TRUST WITH ASSIGNMENT OF RENT
Deed of trust made on
, 1990, by the Board of
4 Water Commissioners of the City of San Bernardino and the City of
5 San Bernardino, hereinafter jointly called trustor, whose address
6 is 300 N. "0" Street, Fifth Floor, San Bernardino, CA 92418 to
7 First American Title Insurance Company, a California Corporation,
8 hereinafter referred to as trustee, whose business address is 323
9 West Court Street, San Bernardino, CA 92412 in favor of the San
10 Bernardino Joint Powers Financing Authority, hereinafter referred
11 to as beneficiary, whose business address is 300 North "0"
12 Street, City Hall, San Bernardino, CA 92418.
13
Trustor irrevocably grants, transfers, and assigns to
14 trustee in trust, with power of sale, all that property,
15 including all easements and rights of way used in connection
16 therewith or as a means of access thereto, in the City of San
18
17 Bernardino, County of San Bernardino, State of California,
described as follows:
See Exhibit "A" attached hereto and
19 incorporated herein;
20
Together with the rents, issues, and profits thereof,
21 subject however to the right reserved by trustor in Paragraph B-
22 16 hereof to collect and apply such rents, issues, and profits,
23 prior to any default hereunder;
24 For the purpose of securing payment of the indebtedness
25 evidenced by a promissory note executed by trustor, dated June
26 18, 1990, in the principal sum of Four Million, Nine Hundred
27 Sixty-Five Thousand Oollars ($4,965,000.00), payable to
28
OAB/ses/Trust.ded
June 15, 1990
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2 beneficiary or order, and each extension thereof; and
3 performance of each agreement of trustor incorporated herein by
4 reference or contained herein.
5
A.
To protect the security of this deed of trust, trustor
6 agrees:
7
1.
To maintain the property in good condition and repair;
8 not to remove or demolish any building or improvement thereon; to
9 complete promptly in workmanlike manner any improvement hereafter
10 constructed thereon and to restore promptly in workmanlike manner
11 any improvement thereon that is damaged or destroyed, and to pay
12 when due all costs incurred therefor or in connection therewith;
13 to comply with all laws, ordinances, regulations, covenants,
14 conditions, and restrictions affecting the property; not to
15 commit or permit any waste thereof or any act upon the property
16 in violation of law or of covenants, conditions, or restrictions
18
17 affecting the property.
2.
To provide, maintain, and deliver to beneficiary fire
19 and earthquake insurance, in such amounts as required by
21
20 beneficiary, and if required by beneficiary, other insurance
22 insurance shall name the Beneficiary as an additional insured and
satisfactory to and with loss payable to beneficiary.
Such
23 Trustor shall provide Beneficiary a Certificate of said insurance
24 so stating from an insurance company authorized to do business in
25
the State of California.
Said certificate shall also provide
26 that said insurance shall not be cancelled or reduced in coverage
27 without Thirty (30) days prior written notice to beneficiary.
28
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June 12, 1990
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2 The amount collected under any fire, earthquake or other
3 insurance pOlicy and all return premiums may be applied by
4 beneficiary upon any indebtedness secured hereby in such order as
5 beneficiary determines, or at the option of beneficiary the
6 entire amount so collected or any part thereof may be released to
7 trustor. Such application or release shall not cure or waive any
8 default or notice of default hereunder or invalidate any act done
9 pursuant to such notice. Any unexpired insurance shall inure to
10 the benefit of, and pass to, the purchaser of the property
11 covered thereby at any trustee's sale held hereunder, or at any
12 foreclosure sale of such property.
13
3.
To appear in and defend any action or proceeding
14 purporting to affect the security hereof or the rights or powers
15 of beneficiary or trustee; and also, if at any time beneficiary
16 or trustee is a party to or appears in any such action or
17 proceeding, or in any action or proceeding to enforce any
18 obligation hereby secured, to pay all cost and expenses paid or
19 incurred by them or either of them in connection therewith,
20 including, but not limited to, cost of evidence of title and
21 attorneys' fees in a reasonable sum.
22
4.
To pay (a) at least 10 days before delinquency, all
23 taxes and assessments affecting the property, all assessments
24 upon water company stock, and all rents, assessments, and charges
25 for water appurtenant to or used in connection with the property;
26 (b) when due, all encumbrances, charges, and liens, with
27 interest, on the property or any part thereof, which appear to be
28
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June 12, 1990
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2 prior or superior hereto; and (c) all costs, fees, and expenses
3 of this trust.
4
5.
If trustor fails to make any payment or to do any act
5 as herein provided, then beneficiary or trustee (but without
6 obligation so to do, and with or without notice to or demand upon
7 trustor, and without releasing trustor from any obligation
8 hereof) may (a) make or do the same in such manner and to such
9 extent as either deems necessary to protect the security hereof,
10 beneficiary or trustee being authorized to enter upon the
11 property for such purpose; (b) appear in or commence any action
12 or proceeding purporting to affect the security hereof or the
13 rights or powers of beneficiary or trustee; (c) pay, purchase,
14 contest, or compromise any encumbrance, charge, or lien that, in
15 the judgment of either, appears to be superior hereto; and in
16 exercising any such power, beneficiary or trustee may incur
17 necessary expenses, including reasonable attorneys' fees.
18
6.
To pay immediately and without demand all sums
19 expended hereunder by beneficiary or trustee, with interest from
20 date of expenditure at eight and one quarter per cent (8.25%) per
21 annum.
22
23
B.
It is mutually agreed that:
1.
Any award of damages made in connection with the
24 condemnation for public use of or injury to the property or any
25 part thereof is hereby assigned and shall be paid to beneficiary,
26 who may apply or release such moneys received therefor upon any
27 indebtedness secured hereby in such order as beneficiary
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June 12, 1990
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2 determines, or at the option of beneficiary the entire amount so
3
received or any part thereof may be released to trustor.
Such
4 application or release shall not cure or waive any default or
5 notice of default hereunder or invalidate any act done pursuant
6 to such notice.
7
2.
The acceptance by beneficiary of any payment less than
8 the amount then due shall be deemed an acceptance on account only
9 and shall not constitute a waiver of the obligation of trustor to
10 pay the entire sum then due or of beneficiary's right either to
12
11 require prompt payment of all sums then due or to declare
default.
The acceptance of payment of any sum secured hereby
13 after its due date will not waive the right of beneficiary either
14 to require prompt payment when due of all other sums so secured
15
or to declare default for failure so to pay.
No waiver of any
16 default shall be a waver of any preceding or succeeding default
18
17 of any kind.
3.
At any time or from time to time, without liability
19 therefor and with or without notice, upon written request of
20 beneficiary and presentation of this deed and the secured note
21 for endorsement, and without affecting the personal liability of
22 any person for payment of the indebtedness secured hereby or the
23 effect of this deed upon the remainder of the property, trustee
24 may reconvey any part of the property, consent to the making of
25 any map or plat thereof, join in granting any easement, or join
26 in any extension agreement or any agreement subordinating the
27 lien or charge thereof.
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June 12, 1990
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4.
Upon written request of beneficiary stating that all
3 sums secured hereby have been paid, surrender of this deed and
4 the note to trustee for cancellation and retention, and payment
5 of its fees, trustee shall reconvey, without warranty, the
6 property then held hereunder. The recitals in such reconveyance
7
shall be conclusive proof of the truthfulness thereof.
The
8 grantee may be designated in such reconveyances as "the person or
9 persons legally entitled thereto."
5.
If trustor or any subsequent owner of the property
11 covered hereby shall occupy the property, or any part thereof,
12 after any default in payment of any amount secured by this deed
13 of trust, trustor or such owner shall pay to beneficiary in
14 advance on the first day of each month a reasonable rental for
15
the premises so occupied.
On failure to pay such reasonable
16 rental, trustor or such owner may be removed from the premises by
17 summary dispossession proceedings or by any other appropriate
18 action or proceeding.
19
6.
If default is made in payment of any indebtedness or
20 in performance of any agrement hereby secured, then beneficiary,
21 with or without notice to trustor, may declare all sums secured
22 hereby immediately due and payable by instituting suit for the
23 recovery thereof or for the foreclosure of this deed, or by
24 delivering to trustee a written declaration of default and demand
25 for sale, as well as a written notice of default and of election
26 to cause the property to be sold, which notice trustee shall
27
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cause to be filed for record.
If such declaration is delivered
DAB/ses/Trust.ded
June 12, 1990
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2 to trustee, beneficiary also shall deposit with trustee this
3 deed, the secured note, and all documents evidencing expenditures
4 secured hereby.
5
7.
Should trustor, without the consent in writing of
6 beneficiary, voluntarily sell, transfer, or convey his interest
7 in the property or any part thereof, or if by operation of law,
8 it be sold, transferred, or conveyed, then beneficiary may, at
9 its option, declare all sums secured hereby immediately due and
10 payable. Consent to one such transaction shall not be deemed to
13
12 successive transactions.
11 be a waiver of the right to require such consent to future or
8.
After the time then required by law has elapsed after"
14 recordation of such notice of default, and notice of sale having
15 been given as then required by law, trustee, with or without
16 demand on trustor, shall sell the property at the time and place
17 fixed in the notice of sale, either as a whole or in separate
18 parcels and in such order as trustee determines, at public
20
19 auction, to the highest bidder, for cash in lawful money of the
United States, payable at time of sale.
Trustee may postpone
21 from time to time sale of all or any portion of the property by
23
22 public announcement at the time and place of sale originally
fixed or at the last preceding postponed time.
Trustee shall
24 deliver to the purchaser its deed conveying the property sold,
25
but without any covenant or warranty, express or implied.
The
26 recitals in such deed of any matters or facts shall be conclusive
27
28
proof of the truthfulness thereof.
Trustor, trustee,
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2 beneficiary, or any other person may purchase at the sale.
3
9.
After deducting all costs, fees, and expenses of
4 trustee and of this trust, including cost of evidence of title
5 and reasonable attorney fees in connection with sale, trustee
6 shall apply the proceeds of sale to payment of (a) all sums
7 expended under the terms hereof and not theretofore repaid, with
8 accrued interest at eight and one quarter per cent (8.25%) per
9 annum, and (b) all other sums then secured hereby in such order
10 as beneficiary, in the exercise of its sole discretion, directs.
11 The remainder, if any, shall be paid to the person or persons
12 legally entitled thereto.
13
10. Before trustee's sale, beneficiary may rescind such
14 notices of default and of election to cause the property to be
15 sold by delivering to trustee a written notice of rescission,
16 which notice, when recorded, shall cancel any prior declaration
17 of default, demand for sale, and acceleration of maturity. The
18 exercise of such a right of rescission shall not constitute a
19 wai ver of any default then existing or subsequently occurring,
20 or impair the right of beneficiary to deliver to trustee other
21 decl arations of default and demands for sale or notices of
22 default and of election to cause the property to be sold, or
23 otherwise affect any provision of the secured note or of this
24 deed or any of the rights, obligations, or remedies of
25 beneficiary or trustee hereunder.
26
11. Beneficiary may from time to time, as provided by
27 statute, or by a writing signed and acknowledged by him and
28
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2 recorded in the office of the county recorder of the county in
3 which the land or such part thereof as is then affected by this
4 deed of trust is situated, appoint another trustee in place and
5 stead of trustee herein named; and thereupon, the trustee herein
6 named shall be discharged, and the trustee so appointed shall be
7 substituted as trustee hereunder with the same effect as if
8 originally named trustee herein.
9 12. If two or more persons are designated as trustee
10 herein, any or all powers granted herein to trustee may be
11 exercised by any of such persons if the other person or persons
12 is unable, for any reason, to act. Any recital of such inability
13 in any instrument executed by any of such persons shall be
14 conclusive against trustor, his heirs and assigns.
15
16 hereby assigned and transferred to a beneficiary by trustor.
13. All leases now or hereafter affecting the property are
17 Trustor hereby covenants that none of such leases will be
18 modified or terminated without the written consent of
20
19 beneficiary, which consent shall not be unreasonably withheld.
21 further written assignments of rents, royalties, issues, and
14. When requested so to do, trustor shall give such
22 profits; of all security for the performance of leases; and of
23 all money payable under any option to purchase, and shall give
24 executed originals of all leases, now or hereafter on or
25 affecting the property.
26
15. Trustor reserves the right, prior to any default in
27 payment of any indebtedness or performance of any obligation
28
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2 secured hereby, to collect all such rents, royalties, issues, and
3
profits, as but not before they become due.
Upon any such
4 default, trustor's right to collect such moneys shall cease, not
5 only as to amounts accruing thereafter, but also as to amounts
6
then accrued and unpaid.
In the event of default, beneficiary,
7 with or without notice and without regard to the adequacy of
8 security for the indebtedness hereby secured, either in person or
9 by agency, or by a receiver to be appointed by the court, (a) may
10 enter upon and take possession of the property at any time and
11 manage and control it in beneficiary's discretion and, (b) with
12 or without taking possession, may sue for or otherwise collect
13 the rents, issues, and profits thereof, whether past due or
14 coming due thereafter, and apply the same, less costs and
15 expenses of operation and collection, including reasonable
16 attorney's fees, upon any obligation secured hereby and in such
17
order as beneficiary determines.
None of the aforesaid acts
18 shall cure or waive any default hereunder or invalidate any act
19 done pursuant to such notice. Beneficiary shall not be required
20 to act diligently in the care or management of the property or in
21 collecting any rents, royalties, or other profits that it is
22 hereby authorized to collect, and shall be accountable only for
24
23 sums actually received.
16. Without affecting the liability of trustor or of any
25 other party now or hereafter bound by the terms hereof for any
26 obligation secured hereby, beneficiary, from time to time and
27 with or without notice, may release any person now or hereafter
28
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2 liable for performance of such obligation, and may extend the
3 time for payment or performance, accept additional security, and
4 alter, substitute, or release any security.
5
17. In any action brought to foreclose this deed or to
6 enforce any right of beneficiary or of trustee hereunder, trustor
7 shall pay to beneficiary and to trustee attorneys' fees in a
8 reasonable sum, to be fixed by the court.
9
18. No remedy hereby given to beneficiary or trustee is
10 exclusive of any other remedy hereunder or under any present or
12
11 future law.
19. The pleading of any statute of limitations as a
13 defense to any and all obligations secured by this deed is hereby
14 waived, to the full extent permissible by law.
15
16 indebtedness secured hereby, and if such indebtedness is secured
20. In the event of default in the payment of any
17 at any time by any other instrument, beneficiary shall not be
18 obligated to resort to any security in any particular order; and
19 the exercise by beneficiary of any right or remedy with respect
20 to any security shall not be a waiver of or limitation on the
21 right of beneficiary to exercise, at any time or from time to
23
22 time thereafter, any right or remedy with respect to this deed.
21. Trustor shall, upon request made by beneficiary,
24 furnish the beneficiary with annual statements covering the
25 operations of the property.
26
22. This deed applies to, inures to the benefit of, and
27 binds, all parties hereto, their heirs, legatees, devisees,
28
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2 administrators, executors, successors, successors in interest,
3 and assigns. The term "beneficiary" means the owner and hOlder,
4 including pledgees, of the note secured hereby, whether or not
5 named as beneficiary herein. In this deed, whenever the context
6 so requires, the masculine gender includes the feminine and
7 neuter, and the singular number includes the plural, and all
8 obligations of each trustor hereunder are joint and several.
9
23. Trustee accepts this trust when this deed, duly
10 executed and acknowledged, is made a public record as provided by
11
law.
Trustee is not obligated to notify any party hereto of
12 pending sale under any other deed of trust or of any action or
13 proceeding in which trustor, beneficiary, or trustee is a party
14 unless brought by trustee.
15 Trustor requests that a copy of notice of default and
16 of any notice of sale hereunder shall be mailed to him at the
17 address set out opposite his name, immediately below.
18 MAILING ADDRESS FOR NOTICES
19 City of San Bernardino
Water Department
20 300 N. "D" Street, Fifth Floor
San Bernardino, Ca 92418
21
22
23
24
25
26
27
28
/ / /
/ / /
/ / /
/ / /
/ / /
/ / /
/ / /
DAB/ses/Trust.ded 12
June 12, 1990
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2 Executed at San Bernardino, California on the date first above
written.
3
4
[Signature]
5
6
7
President, Board of Water
Commissioners of the City
of San Bernardino
8 ATTEST:
Mayor, City of San Bernardino
9 Trustor
10 City Clerk
11 Approved as to Form
and Legal Content:
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
JAMES F. PENMAN,
City Attorney
B~)
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June 15, 1990
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EXHIBIT "A"
THA'1' POR'1'ION or LO'l'S 44 AND 45, BLOCK 54, lWfCHO SAN BERNARDINO,
IN 'l'HI: CI'l'Y 01' SAN BERNARDINO, COUN'l'Y or. SAN BERNARDINO, S'1'A'l'E OF
CALIPORNIA, AS PER PLA'l' RBCORDID IN BOOJ( 7 01' JlAPS, PAGI 2,
RlCORDS or SAID COUN'l'Y, KORB PAR'1'ICULARLY DESCRIBED AS FOLLOWS I
COJIJIBNCING A'1' 'l'HB SOtl'l'HBAS'1' CORNIR OF SAID LO'l' 45; 'l'HBNCE SOtl'l'H
89 DBG. 54' 30- WES'1' ALONG 'l'HB SOUTa LiNE OF SAID LO'l' 45, 400.00
rEI'1' 'l'O A PaIN'!' HERlIN RlFIRRED TO AS POIN'!' -A -; 'l'HENCI NOR'l'H 0
DEG. 06' 51-WlS'1' (ItBCORD 0 DIG. 05' 45-), 191.06 FII'1' TO 'l'HE
'!'ROB POIN'!' OF BIGINNING; 'l'HBNCI HOR'l'H 0 DIG. 06' 51- WlS'1' (RlCORD
o DIG, OS' 45-), 743.17 FIft TO 'l'HB SOtl'l'HBAS'1' CORNER OF 'l'RAC'1' NO.
5907, RlCORDBD IN BOOJ( 79 OF JlAPS, PAGIS 51 AND 52, RlCORDS OF
SAID CotJN'l'Y; '1'HBHCB SOtJ'l'H 89 DIG. 53' 39 -WlS'1' (ItBCORD eg DIG.
53' 50-), 200 rIft ALONG 'l'HE SOtl'l'H LINE or SAID fRAC'l' HO. 5907;
'l'HBNCI SOtJ'l'H 0 DIG. 06' 51- BAS'1' (RlCORD 0 DIG. OS' 45-), 100
PEft; 'l'BENCB SOU'l'H eg DIG. 53' 39 - WlS'1' (RlCORD eg DIG. 53' 50 _ ) ,
100 PEI'1'; 'l'HBHCI NOR'l'H 0 DIG. 06' 51- WlS'1' (RlCORD 0 DIG. 05'
45 - ) , 100 PEB'1' TO A POIN'!' ON 'l'HB SOO'l'H LID OF SAID '!'RAC'l' NO.
5907; 'l'BENCI SOO'l'H 89 DBG. 53' 39. ns'1'. (RlCORD eg DEG. 53' 50-),
593.11 (RlC0RD593.45) PEB'1' ALONG 'l'HB SOtl'l'H LINE OF SAID '!'RAC'1'
NO. 5907 AND I'1'S PROLONGA'1'ION TO 'l'HE BAS'1' LINE OF ARROWHEAD
AVENOB, 82.5 PEB'1' IN WID'l'H; 'l'HBNCI SOtl'l'H 0 DBG. 09' 00- WlS'1'
(RlCORD 0 DIG. 09' 30-), 152.88 rEB'1', PA.R..u.T.RL WI'l'H AND 41.25
FEE'1' EAS'l'BRLY or 'l'HB CEN'!'ER LINE or SAID ARROWHEAD AVENUE; 'l'HBNCE
liOR'l'H 89 DBG. 16' 20- BAS'1', 896.86FEE'1' TO 'l'!m '!'ROB PC-IN'!' OF
BEGINNING.
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2
STATE OF CALIFORNIA
)
)ss.
)
3
4
COUNTY OF SAN BERNARDINO
5 On this day of ,19 before me,
the undersigned, a Notary Public in and for-sBid State,
6 personally appeared ,
known to me (or proved to me on the basis of satisfactory
7 evidence) to be the person who executed this instrument as the
President of the Water Board of the City of San Bernardino and
8 acknowledged to me that the Water Board of the City of San
Bernardino executed it.
9
Signature of Notary Public
12 SEAL
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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2
STATE OF CALIFORNIA
)
)ss.
)
3
COUNTY OF SAN BERNARDINO
4
On this day of ,19 before me,
5 the undersigned, a Notary Public in and foruid State,
personally appeared ,
6 known to me (or proved to me on the basis of satisfactory
evidence) to be the person who executed this instrument as the
7 Mayor of the City of San Bernardino and acknowledged to me that
the City of San Bernardino executed it.
8
9
Signature of Notary Public
12
11 SEAL
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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June 15, 1990
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