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HomeMy WebLinkAboutR07-Redevelopment Agency M1IIIIt:'t...Qu.ST POll ~/COUNCL ACT~ Glenda Saul, Ezecut1ve Director Subject: GENERAL PLAN AMENIlKENT - AGREEMENT FOR SERVICES ~: Redevelopment Agency Date: May 15, 1987 Synopsis of Previoul Commission/Council ection: None .. I . 'I !l I b :::l -< ~ i Recommended motion: (COMIIUNITY DEVELOPMENT COMMISSION) {c A. MOVE TO ADOPT A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CHAIRMAN AND SECRETARY 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. (MAYOR AND COMMON COUNCIL) B. MOVE TO ADOPT 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. ,~~~ ~/.-(/ Signature Contact person: Glenda Saul Phone: 383-5081 All W.rd: Project: All Date: May 18, 1987 Supporting dlta IttIched: YES FUNDING REQUIREMENTS: Amount: $ 734,400 No edverse Impact on City: C' 01 Notes: 0239H/SL/RMM 5/161 tH Agenda Item No. 7 ~~7 o ) MJIJlHf:'I.....SY POR ~/COUNCL .~ ACTION c tC '1 (5) I (7) (8) " STAFF REPORT Staff reco_ends approval of an agreement between the Redevelopment Aaency and the City of San Bernardino wherein the Aaency will reimburse the --City for its fair share of the costs of the General Plan Aaendment and subsequent use of a data base to be developed as a part of the amendment process, and to be available at no additional cost to the Aaency. BACKGROUND Attached for your review is an agreement between the Aaency and the City for reimbureement to the City for our share of the costs for the General Plan Amendment and subsequent data services, not to exceed *734,400. The agreement provides for the following: (1) Aaency will review the RFP to be submitted for consultant services. (2) (3) Aaency will approve the consultant recommended by the review panel. City will enter into the contract with the coneultant and be responsible for administration of said contract. (4) Agency will reimburee the City for its portion of the total cost not to exceed *734,400. Reimbursements shall be made in the amount of $146,880 per year for five consecutive years, based upon invoices submitted to the Agency describing the services received. The attached budget sheet submitted in February spelle out the Aaency's participation in this project. /1'YI~~~ City shall..fv~ r?fn?f~y to Redevelopment project areas and survey areas. (6) If recommendations are made by the consultant for changes in land use within Redevelopment project areas, Agency shall immediately be notified. Copies of all reports submitted by consultant shall be provided to the Agency. The City eha!! prepare a city-wide computer data base, setting forth pertinent tax and aseessment information. Aaency shall be provided with a computer terminal and complete access to the data base at no additional cost. The Aaency's justification for reimbursement to the City for a portion of the cost of the General Plan Amendment is ae follows: (1) Agency will receive design criteria for Redevelopment project areas. This will eliminate coetly overlay zones. (2) Reports and studies received by the consultants may be used by the Aaency for the adoption of future new RedeVelopment project areas. (The Plan, Report and ErR contain segments thst will be addressed in the General Plan Amendment and will eave the Aaency costs in future projects.) o (3) The data base system and the Aaency's access thereto will be invaluable as research by Staff and for compiling reporte. The original agreement was reviewed by the Redevelopment Committee on May 7 and May 14, 1987. , , . c. c\ --.. .j :) .' SBEOOOOl-177/2448S/nb 05/04/87 ; o RESOLUTION NO. A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CHAIRMAN AND SECRETARY TO EXECUTE AN AGREEMENT BY AND BETWEEN THE CITY OF SAN BERNARDINO AND THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO CONC~RNING 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 (C WHEREAS, the City further desires and intends to complete the preparation and compilation of tax and assessment information and other information applicable to each assessor' 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 o - 1 - .] ." O' r, v "":) J o WHEREAS, the City and the Agency desire and intehd 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 hereo as Exhibit -A- and is incorporated herein by reference; 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 ,C permissible land uses and design standards wi thin areas subject to adopted redevelopment plans. NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. The Mayor and Common Counci 1 hereby approve 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. c - 2 - o (c c c o o ..~ Section 2. < The Chairman and Secretary of the Community Development Commission are hereby authorized and directed to execute the Agreement on behalf of the Agency. Section 3. This Resolution shall take effect upon adoption. ADOPTED: Approved as to Legal Form and Adequacy: By: ~P.~L Counsel to the Commission - 3 - o o :) ') o SECRETARY'S CERTIFICATE OF ADOPTION AND AUTHENTICATION I, GLENDA SAUL, Secretary of the CommunitY Development Commission, DO HEREBY CERTIFY that the attached Resolution is a true and correct copy of Resolution No. adopted , 19 , by the Community Development Commission of the City of San Bernardino, by the vote set forth below, and that said Resolution has not been amended or xepealed. COMMISSION MEMBERS YEAS ESTHER ESTRADA [] JACK REILLY [] c 1=1 1=1 GORDON QUIEL 1=1 DANIEL FRAZIER 1=1 JACK STRICKLER 1=1 DATED: , 1987. C [SEAL] 2448S Check Appropriate Box NAYS ABSENT ABSTAIN 1=1 1=1 1=1 1=1 1=1 1=1 1=1 1=1 1=1 1=1 1=1 1=1 1=1 1=1 1=1 1=1 1=1 1=1 1=1 1=1 1=1 Glenda Saul, Secretary of the Community Development Commission of the City of San Bernardino c o o "") , SBEOOOOI-178/2449S/nb 05/04/87 -- o RESOLUTION NO. 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 MCityM) 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 MGeneral Plan ProjectM); and lC WHEREAS, the City further desires and intends to complete the preparation and compilation of tax and assessment information and other information applicable to each assessor's parcel wi thin the City (the MData Base ProjectM); 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 c - 1 - 1- o c c o o o ? WHEREAS, the City and the Agency desire and intehd to enter into a certain Agreement (the R Agreement R) by and between the Ci ty and the Agency pursuant to which the Agency will reimfiurse 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 RAR 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 wi thin areas subj ect 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 Community Development Commission hereby approves the Agreement by and between the City and the Agency, a copy of which is attached hereto as Exhibit RAR and is incorporated herein by reference. - 2 - o o o :; . o Section 2. - The Mayor and the City 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 adopted by the Mayor and Common Council San Bernardino at a held on the day of the following vote, to wit: resolution of the meeting was duly Ci ty of thereof, 1987, by , AYES: Council Members NAYS: \C ABSENT: City Clerk day of The foregoing resolution is hereby approved this , 1987. Mayor of the City of San Bernardino Approved as to form: City Attorney c - 3 - 0 0 0 'J ) -- 0 STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO ) ss / CITY OF SAN BERNARDINO ) I, SHAUNA CLARK, City Clerk in San Bernardino, DO HEREBY CERTIFY that the copy of San Bernardino City Resolution No. true and correct copy of that now on file in this office. and for the foregoing and is City of attached a full, IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Bernardino this day of , 1987. City Clerk /2449S ~c o o o o :> o SECRETARY'S CERTIFICATE OF ADOPTION AND AUTHENTICATION -- I, GLENDA SAUL, Secretary of the Communit~ Development Commission, DO HEREBY CERTIFY that the attached Resolution is a true and correct copy of Resolution No. adopted , 19 , by the Community Development Commission of the City of San Bernardino, by the vote set forth below, and that said Resolution has not been amended or repealed. COMMISSION MEMBERS YEAS ESTHER ESTRADA [] JACK REILLY 1=1 (0 1=1 1=1 GORDON QUIEL 1=1 DANIEL FRAZIER 1=1 JACK STRICKLER 1=1 DATED: , 1987. c [SEAL] 2451S Check Appropriate Box NAYS ABSENT ABSTAIN 1=1 1=1 1=1 1=1 1=1 1=1 1=1 1=1 1=1 1=1 1=1 1=1 1=1 1=1 1=1 1=1 1=1 1=1 1=1 1=1 1=1 Glenda Saul, Secretary of the Community Development Commission of the City of San Bernardino o c o .0' o o o SBEOOOl-17l/2293S/ig 05/04/87 " AGREEMENT BY AND BETWEEN BERNARDINO, CALIFORNIA, AND AGENCY OF THE CITY OF SAN PLAN AMENDMENT PROJECT) THE CITY OF SAN THE REDEVELOPMENT BERNARDINO (GENERAL THIS AGREEMENT is entered into this day of April, 1987 by and between the City of San Bernardino, California (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 City.of San Bernardino (the "Agency"), 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 General Plan of the City 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 J . WHEREAS, the Agency and the CIty have heretofore adopted certain redevelopment plans (the "Redevelopment Plans") which generally provide for certain permissible uses of real property and design standards within redevelopment project areas subject to the Redevelopment Plans (the "Project Areas"); and WHEREAS, the Redevelopment Plans 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 Agency 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 WHEREAS, it is reasonable and appropriate for the Agency to contribute funds for purposes of the preparation of amendments to the General Plan and, if necessary, the Zoning Ordinances, because, - 1 - o (0 c - - o. o o o among other matters, the Agency would otherwise ezpend significant funds in order to study permissible land uses and desi~ 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 Agency's responsibility to 4Pay 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 Project, as set forth in this Agreement, has been determined based upon (a) actual costs heretofore incurred by the Agency and/or the City in causing the adoption of ordinances establishing overlay zones in certain Project Areas, as well as (b) the anticipated costs applicable to the possible adoption of certain new redevelopment project areas within the City pursuant to Health and Safety Code Section 33000, et seq., and the significant costs in establishing 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 parties hereto agree as follows: Section 1. 'PREPARATION OF REQUEST FOR PROPOSALS. The City shall cause the preparation of a Request for Proposals (the "RFP") pursuant to which the City shall seek 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 shall provide, 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. T'fhe RFP shall set forth standards and conditions pertaining to the preparation of all amendments to the land use element and other portions of the General Plan and, if necessary, to the Zoning Ordinances including, but not limited to, deadlines by which written recommendations concerning such amendments applicable to specific geographical areas of the City must be submitted to the City for its consideration. The RFP shall be subject to review and approval by the Ezecutive Director of the Agency prior to its publication or submission to consultants or other parties for response. Section 2. APPROVAL OF PROPOSALS. FOllowing the receipt of all proposals in response to the RFP, City Staff and the Ezecutive Director of the Agency shall review each proposal and make recommendations to the Mayor and Common Council of the City and to the Agency 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 - 2 - o o o o o parties submitting a proposal or proposals which have been approved by both the Mayor and Common COuncil of the City and the Agency. Section 3. RESPONSIBLE PARTY. Notwlthstan~lng any provlslon set forth herein to the contrary, any and all contracts entered I nto for the purpose of amendl ng the 1 and 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 Agency shall not be required to be a party to such contracts. The City and the Agency 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 Agency. The City shall have the responsibility to adml nlster any and all contracts entered I nto for the purpose of causing the preparation of such amendments. Section 4. AGENCY CONTRIBUTION. The Agency shall reimburse the City for It's share of the total amount of any and all 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 B; provided, however, that the total amount of such reimbursements to be made by the Agency to the City hereunder shall not exceed, In the aggregate, the sum of Seven Hundred Thl rty-Four Thousand Four Hundred Dollars ($734,400). In order to recel ve rei mbursements from the Agency hereunder, the City shall periodically submit to the Executive Director of the Agency Invoices or requests for reimbursement specifying the total costs for which such reimbursement Is requested and settlng forth, among other matters, a descrl ptlon of the goods or servl ces recel ved to whl ch 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 Agency, the Executive Director of the Agency shall cause payment to be made to the City therefor. Notwithstanding any provision set forth herein to the contrary, the Agency 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 ~ommenclng with the date that the City first enters into a contract with another party for the purpose of causi ng the preparation, pursuant to thl s 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 Project, and the City shall submit to the Agency any and all requests for rei mbursement hereunder no I ater than fl ve (5) years following such date. o o SECTION 5. PRIORITY FOR PROJECT AREAS. Upon the request by the Agency, the City and any and all parties with whom the City enters Into a contract for the purpose of amending the land -3- '. o 1.0 c 0- o o o use element or other portions of the General Plan and, if necessary, the Zoning Ordinances, shall give priority to making recommendations concerning such amendments applicable to anyone or more of the Project Areas designated in any such request by the Agency. For this purpose, the City Staff and the Agency 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 City Staff and the Agency Staff, together with 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 ability of the Agency to meet any and all of 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 Agency 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 seq., or such other committees as may be established by the Agency and/or the Mayor and CommQn 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 Counci I 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 Agency Staff shall be appointed to 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 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 committee having jurisdiction or responsibilities to review such amendment and make recommendations concerning any geographical area subject to the proposed amendment. The Mayor and Common Council, or their designee, shall specify the time within which a report or recommendation must be submitted by such project area committee 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. AGENCY. Section 7. SUBMISSION OF STUDIES AND REPORTS TO The City shall promptly submit to the Executive Director of - 4 - o 10 c o o (j o the Agency 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 oJ the foregoing materials may thereafter be used by the Agency for any purposes consistent with the Community Redevelopment Law, Health and Safety Code Sections 33000, et ~. Section 8. PREPARATION OF ASSESSOR'S PARCEL DATA BASE. As part of the consideration for the contribution of funds by the Agency to the City hereunder, 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 Project"). The City shall commence the Data Base Project within ninety (90) calendar days fOllowing the date of the execution of this Agreement. The City shall thereafter proceed diligently 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 Executive Director of the Agency, and the City Staff sha 11 coordinate with the Agency 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 Project. The City shall at all times provide to the Agency 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 Agency, and the City shall further provide to the Agency Staff all necessary equipment without any charge to the Agency in order to permit the Agency Staff to obtain in written form information and data made part of the Data Base Project. 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 Agency 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. - 5 - 4 " o ,0 c o o o :> IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first written above. -' COMMUNITY DEVELOPMENT COMMISSION OF SAN BERNARDINO - By: Chairman (SEAL) ATTEST: By: Secretary CITY OF SAN BERNARDINO, CALIFORNIA By: Mayor (SEAL) Attest: By: City Clerk /2293S