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HomeMy WebLinkAbout1987-227 SBEOOOOI-178/2449S/nb 05/04/87 RESOLUTION NO. 87-227 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE AN AGREEMENT BY AND BETWEEN THE CITY OF SAN BERNARDINO AND THE .REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO CONCERNING GENERAL PLAN AMENDMENT COSTS AND RELATED MATTERS WHEREAS, the City of San Bernardino, California (the "City") desires and intends to study the need for amending and, if necessary, to amend portions of the General Plan of the City and, if necessary, the Zoning Ordinance of the City (collectively, the "General Plan Project"); and WHEREAS, the Ci ty further des i res and intends to comp lete the preparation and compilation of tax and assessment information and other information applicable to each assessot<' s parcel wi thin the City (the "Data Base Project"); and WHEREAS, any changes in land uses and design standards resulting from the General Plan Project will have an effect upon the permissible uses of real property and design standards as set forth in the adopted redevelopment plans of the Agency, and the Data Base Project will be of significant benefit to the Agency in causing the redevelopment of real property; and - I - & WHEREAS, the City and the Agency desire and intend to enter into a certain Agreement (the "Agreement") by and between the City and the Agency pursuant to which the Agency will reimburse the City a portion of the total costs incurred by the City in undertaking and completing the General Plan Project and the Data Base Project, and a copy of the Agreement is attached hereto as Exhibit "A" and is incorporated herein by reference; and WHEREAS, it is reasonable and appropriate for the Agency to contribute funds for the purpose of the preparation and compilation of the General Plan Project and the Data Base Project because, among other reasons, the Agency would otherwise spend significant funds in order to obtain data concerning assessor's parcels and to study permissible land uses and design standards within areas subject to adopted redevelopment plans. NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION, ACTING ON BEHALF OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. The Communi ty Development Commission hereby approves the Agreement by and between the Ci ty and the Agency, a copy of which is attached hereto as Exhibit "A" and is incorporated herein by reference. - 2 - Section 2. The Mayor and the Ci ty Clerk are hereby authorized and directed to execute the Agreement on behalf of the City. Section 3. This Resolution shall take effect upon adoption. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a reqular meeting thereof, held on the 6th day of July , 1987, by the following vote, to wit: AYES: Council Members Estrada, Reilly, Flores, Minor, Pope-Ludlam, Miller NAYS: None ABSENT Council Member Maudsley ~nt?/~ crty Clerk < day of The foregoing resolution is hereby approved this Julv , 1987. ?tL l~~lJ~d Mayor of the City of San Bernardino Approved as to form and legal content: Lll~ ~~ttorneY - -3- SBEOOOl-171/2293S/ds 07/02/87 AGREEMENT BY AND BETWEEN BERNARDINO, CALIFORNIA, AND AGENCY OF THE CITY OF SAN PLAN AMENDMENT PROJECT) THE CITY OF SAN THE REDEVELOPMENT BERNARDINO (GENERAL t./."..."..'....-J, . THIS ,AG1RgE8E7M,ENbTy is entered into this ~/d day of ~. .~. and between the Ci ty of San Berna rdino , CaliJ'ci ia (the "City"), a municipal corporation, and the Community Development Commission of the City of San Bernardino acting on behalf of the Redevelopment Agency of the Ci ty of San Bernardino (the "Commission"), a public body, corporate and politic, of the State of California. RECITALS WHEREAS, the City desires and intends to amend the land use element and other portions of the Genera I Plan of the Ci ty of San Bernardino (the "General Plan") and, if necessary, the zoning ordinances of the City (the "Zoning Ordinances") in order to provide for sound planning, the devotion of real property to reasonable uses, and the development of real property pursuant to high quality and reasonable design standards in conformity with the public health, safety and welfare; and WHEREAS, the Commission and adopted certain redevelopment plans which generally provide for certain property and design standards within subject to the Redevelopment Plans (the the City have heretofore (the "Redevelopment Plans") permissib~e uses of real redevelopment project areas "Project Areas"); and WHEREAS, the Redevelopment ~lans currently provide for uses of real property and design standards which are compatible with those set forth in the General Plan and the Zoning Ordinances; and WHEREAS, any changes in permissible land uses and design standards as set forth in the General Plan and the Zoning Ordinances will have an effect upon the permissible uses of real property and design standards as set forth in the Redevelopment Plans; and WHEREAS, the City and the Commission desire and intend to cooperate for the purpose of causing the completion of amendments to the General Plan and the Zoning Ordinances which are consistent with the public health, safety and welfare and are of benefit to persons and businesses located within the Project Areas and elsewhere within the City; and - 1 - WHEREAS, it is reasonable and appropriate for the Commission to contribute funds for purposes of the preparation of amendments to the General Plan and, if necessary, the Zoning Ordinances, if the Commission determines that any such expenditures by the City are of direct benefit to a Project Area or the Commission, since the Commission would otherwise be required to expend significant funds in order to study permissible land uses and design standards within the Project Areas, and within certain additional areas of the City which may hereafter be included within amendments to the Redevelopment Plans or newly adopted redevelopment plans; and WHEREAS, the Commission shall be responsible for the payment to the City of (a) a certain portion of total costs for the preparation of amendments to the General Plan and, if necessary, the Zoning Ordinances and the completion of the Data Base Proj ect, as set forth in this Agreement, which are of direct benefi t to the Project Areas or otherwise pertain to redevelopment purposes of the Commission, (b) a certain portion of actual costs heretofore incurred by the Commission and/or the Ci ty in causing the adoption of ordinances establishing overlay zones in certain Proj ect Areas, and (c) a certain portion of the total anticipated costs of all of the foregoing relative to new redevelopment project areas within the City pursuant to Health and Safety Code Section 33000, et~., and the establishing of permissible land uses and design standards relative to such new project areas. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants, terms and provisions set forth hereinafter, the p~rties hereto agree as follows: Section 1. PREPARATION OF REQUEST FOR PROPOSALS. The City has prepared a Request for Proposals (the "RFp") pursuant to which the City seeks proposals from qualified consultants concerning the preparation of amendments to the land use element and other portions of the General Plan and, if necessary, to the Zoning Ordinances. The RFP provides, among other matters, that any proposal shall include, but not be limited to, the preparation of amendments to those portions of the land use element and other portions of the General Plan and, if necessary, to the Zoning Ordinances, which pertain to Project Areas. Section 2. APPROVAL OF PROPOSALS. Following the receipt of all proposals in response to the RFP, City Staff and the Executive Director of the Commission shall review each proposal and make recommendations to the Mayor and Common Council of the City and to the Commission concerning the approval of one or more proposals. A contract providing for the preparation of amendments to the land use element and other portions of the General Plan and, if necessary, to the Zoning Ordinances, shall be awarded to that certain party or part ies submi tting a proposa 1 or proposa Is which have been approved by both the Mayor and Common Council of the City and the Commission. - 2 - Section 3. RESPONSIBLE PARTY. Notwithstanding any provision set forth herein to the contrary, any and all contracts entered into for the purpose of amending the land use element and other portions of the General Plan and, if necessary, the Zoning Ordinances, shall be executed by the City and such other parties who have been awarded such contracts. The Commission shall not be required to be a party to such contracts. The City and the Commission acknowledge and agree that any and all amendments to the land use element and other portions of the General Plan and, if necessary, to the Zoning Ordinances, shall be subject to approval by the City and not by the Commission. The City shall have the responsibility to administer any and all contracts entered into for the purpose of causing the preparation of such amendments. Section 4. AGENCY REIMBURSEMENTS. The Commission shall reimburse the City for any and all actual costs incurred by the City in causing the preparation of amendments to the land use element and other portions of the General Plan and, if necessary, to the Zoning Ordinances and the Data Base Project, as defined in Section 8, which are directly related to the Project Areas or other redevelopment activities of the Commission; provided, however, that the total amount of such reimbursements to be made by the Commission to the City hereunder shall not exceed, in the aggregate, the sum of Seven Hundred Thirty-Four Thousand Four Hundred Dollars ($734,400). In order to receive reimbursements from the Commission hereunder, the City shall periodically submit to the Executive Director of the Commission invoices or requests for reimbursement specifying the total costs for which such reimbursement is requested and setting forth, among other matters, a description of the goods or services received to which such reimbursements pertain and the dates when such goods or services were received. Upon verification and approval of such requests for reimbursement by the Executive Director of the Commission, the Executive Director of the Commission shall cause payment to be made to the City therefor in the amount of the total costs of goods and services to which such request for reimbursement pertains which are di rect ly related to the Proj ect Areas or other redevelopment activities of the Commission. Notwithstanding any provision set forth herein to the contrary, the Commission shall not be required to reimburse the City hereunder in excess of the sum of One Hundred Forty-Six Thousand Eight Hundred Eighty Dollars ($146,880) for each successive one year period commencing with the date that the City first enters into a contract with another party for the purpose of causing the preparation, pursuant to this Agreement, of amendments to the land use element or other portions of the General Plan and, if necessary, the Zoning Ordinances or a contract for the Data Base Proj ect, and the Ci ty shall submit to the Commission any and all requests for reimbursement hereunder no later than five (5) years following such date. The Ci ty and the Commission understand and agree that the Ci ty may complete the preparation of amendments to the land use element or other portions of the General Plan and, if necessary, to the Zoning Ordinances, as well as the Data Base Project, within two (2) years or such other period of time shorter than five (5) years following the date that the City first enters into a contract with - 3 - another party for the purpose of causing the preparation and completion of anyone or more of the foregoing tasks. Notwithstanding the preparation or completion of any or all of the foregoing tasks prior to the conclusion of said five (5) year period, the Commission shall continue to reimburse the City for such sums of money due the City from the Commission hereunder until the earlier of (a) the date that all sums of money due the City from the Commission hereunder are paid to the City, or (b) five (5) years following the date that the City first enters into a contract with another party for the purpose of causing the undertaking of anyone or more of the tasks described in this Section 4. Section 5. RECOMMENDATIONS CONCERNING PROJECT AREAS. Upon the request by the Commission, the City and any and all parties with whom the City enters into a contract for the purpose of amending the land use element or other portions of the General Plan and, if necessary, the Zoning Ordinances, shall make recommendations concerning such amendments applicable to anyone or more of the Project Areas designated in any such request by the Commission. For this purpose, the City Staff and the Commission Staff shall cooperate in order to determine which Redevelopment Plans, if any, would require an amendment as a result of the amendment of the land use element or other portions of the General Plan and, if necessary, the Zoning Ordinances, applicable to such Project Areas. As part of such review, the Ci ty Staff and the Commission Staff, together wi th the consultant selected pursuant to the RFP, shall study and determine whether there may be any fiscal impacts to any taxing entities caused by any proposed amendment to the land use element or other portions of the General Plan and, if necessary, the Zoning Ordinances applicable to a Project Area, as well as any impact upon the abi Ii ty of the Commission to meet any and all '.Qf its obligations pursuant to existing financings or other agreements to which it is a party as a result of any such amendment. Section 6. CITIZEN PARTICIPATION. The City and the Commission understand and agree that certain residents or representatives of community organizations or businesses have been called upon or may hereafter be requested to form a project area committee, pursuant to Health and Safety Code Section 33385, et ~., or such other commi ttees as may be established by the Commission and/or the Mayor and Common Council of the City, and that such project area committee or other committees may have jurisdiction or responsibilities to review and make recommendations concerning possible amendments to the land use element and other portions of the General Plan and, if necessary, the Zoning Ordinances. In the event that the Mayor and Common Council of the City establish one or more committees to advise any consultant or the Mayor and Common Council concerning a proposed amendment to the land use element or other portions of the General Plan and, if necessary, the Zoning Ordinances, a member of the Commission Staff shall be given the opportunity to have input to and to attend each meeting of each such committee. Following the receipt by the City of any proposed amendment to the land use element or other portions of the General Plan and, if necessary, the Zoning Ordinances, the - 4 - Mayor and Common Council, or their designee, shall, for purposes of a report and recommendation, promptly refer the proposed amendment to such project area committee or other commi ttee having jurisdiction or responsibilities to review such amendment and make recommendations concerning any geographical area subject to the proposed amendment. The Mayor and Common Counci 1, or their designee, shall specify the time within which a report or recommendation must be submi tted by such proj ect area commi ttee or other committee to the Mayor and Common Council concerning the proposed amendment. Prior to approving any such proposed amendment, the Mayor and Common Council shall consider any and all recommendations concerning the proposed amendment as may be submitted by such project area committee or other committee. Section 7. SUBMISSION OF STUDIES AND REPORTS TO AGENCY. The City shall promptly submit to the Executive Director of the Commission a copy of any and all written reports, studies, surveys, analyses, memoranda, recommendations and other documents submitted to the City by any party with whom the City enters into a contract for the purpose of causing the preparation of amendments to the land use element and other portions of the General Plan and, if necessary, to the Zoning Ordinances. Any and all of the foregoing materials may thereafter be used by the Commission for any purposes consistent wi th the Communi ty Redevelopment Law, Heal th and Safety Code Sections 33000, et ~. Section 8. PREPARATION OF ASSESSOR'S PARCEL DATA BASE. The City shall prepare a City-wide computer data base setting forth pertinent tax and assessment information and other information applicable to each assessor's parcel within the City (the "Data Base Proj ect") . The Ci ty sha 11 commence the Data Bas,e Proj ect wi thin ninety (90) calendar days following the date of the execution of this Agreement. The Ci ty shall thereafter proceed di 1 igent ly and continuously toward the completion of the Data Base Project. The City shall include as part of the Data Base Project any and all information reasonably requested by the Executi ve Di rector of the Commission, and the City Staff shall coordinate with the Commission Staff in order to determine the information which will be included within the Data Base Project. Following the completion of all or any portion of the Data Base Project, the City solely shall have the responsibility to maintain and update from time to time any and all information obtained as part of the Data Base Proj ect. The Ci ty shall at all times provide to the Commission Staff computer terminal access to all information which is made part of the Data Base Project without any cost or other user charges to the Commission, and the City shall further provide to the Commission Staff all necessary equipment without any charge to the Commission in order to permit the Commission Staff to obtain in written form information and data made part of the Data Base Project. The Commission shall reimburse the City for that portion of the costs of the Data Base Project which the Commission determines to be in furtherance of redevelopment-related activities of the Commission. Such reimbursements shall be consistent with the limitations set forth in Section 4 hereof as to the maximum Commission reimbursements both as - 5 - r to the total principal amount and the maximum principal amount that may be paid on an annual basis. Section 9. APPROVAL OF AMENDMENTS TO GENERAL PLAN. Prior to approving a proposed amendment to the land use element of the General Plan which affects a Project Area, the Mayor and Common Council shall refer such proposed amendment to the Executive Director of the Commission for submission of a written recommendation thereon to the Mayor and Common Council. Notwithstanding any provision to the contrary, the Mayor and Common Council solely shall have the right and responsibility to approve any and all amendments to the land use element of the General Plan. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first written above. COMMUNITY DEVELOPMENT COMMISSION OF SA" BERNARDI2 BY:~d4~ /I~~ Cha 1 I?'man I" ./ (SEAL) ATTEST: _ ~~t ,:k1tl By: Secretary CITY OF SAN BERNARDINO, CALIFORNIA By: ,04J.~ Mayor v (SEAL) Attest: By: b/&f~~/ City Clerk /2293S - 6 -