The URL can be used to link to this page

Home My WebLink AboutR03-Redevelopment Agency R..d~ AQENCY..&u.ST FOR &..ss.o../COUNCIL A~ION Glenda Saul, Executive Director Subject: SET HEARING FOR ADOPTION OF REDEVELOPMENT PLAN AND DRAFT EIR AND CONSIDER ADOPTION OF RESOLUTIONS FOR UPTOWN PROJECT AREA 1m' pt: Redevelopment Agency April 14, 1986 ~ <6b-IYf ~ 'fful ylo Date: Synopsis of Previous Commission/Council action: 2/21/83 Resolution No. 83-49 designated survey area. 2/20/84 Mayor & Council approved election procedure for Uptown Citizen Advisory Committee. 2/20/84 Resolution No. 4574 - approved Preliminary Plan . Recommended motion: 6\0 <iSb -I ~ ~ a) MOVE TO ADOPT RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, CONSENTING TO THE HOLDING OF A JOINT PUBLIC HEARING WITH THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO ON THE ADOPTION OF THE REDEVELOPMENT PLAN FOR THE UPTOWN REDEVELOPMENT PROJECT AND AUTHORIZING PUBLICATION AND MAILING OF NOTICES OF JOINT PUBLIC HEARINGS. (lfAYOR & COMMON COUNCIL) (COMMUNITY DEVELOPMENT COMMISSION) b) MOVE TO ADOPT RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO REQUESTING THE HOLDING OF A JOINT PUBLIC HEARING WITH THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ON THE ADOPTION OF THE REDEVELOPMENT PLAN FOR THE UPTOWN REDEVELOPMENT PROJECT, ACCEPTING A DRAFT OF THE REDEVELOPMENT PLAN AND A DRAFT ENVIRONMENTAL IMPACT REPORT AND AUTHORIZING PUBLICATION AND MAILING OF NOTICES OF CERTAIN JOINT PUBLIC H~RINGS. ~~~~ v~f'1 , Signature Contact person: Glenda Saul Phone: 383-5081 Supporting data attached: YES Ward: 1,2,3,5,7 FUNDING REQUIREMENTS: Amount: $ N/A Project: Uptown Date: April 21, 1986 No adverse Impact on City: .Cil Notes: 756G/EJ '2 Agenda I WfIllIYtl6 ..... - - . . . . From: Glenda Saul, Executive Director ADOPTION OF REDEVELOPMENT PLAN, DRAFT EIR AND CONSIDER ADOPTION OF RESOLUTIONS FOR UPTOWN PROJECT AREA . Recol8lBended Motion: (continued froll Page 1) (COMMUNITY DEVELOPMENT COMMISSION) c) MOVE TO ADOPT RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDION ADOPTING A DECLARATION OF RESTRICTIONS IN THE UPTOWN REDEVELOPMENT PROJECT. d) MOVE TO ADOPT RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO ADOPTING RULES GOVERNING PARTICIPATION BY OWNERS AND BUSINESS TENANTS IN THE UPTOWN REDEVELOPMENT PROJECT. e e 756G/EJ 4/21/86 - CI~"OF SAN BERNARDI" - REQUE. FOR COUNCIL AC"'N . . . 75-0264 STAFF REPORT On March 28, 1984, a town hall meeting was held in order to explain the redevelopment process, committee election procedures and the Citizens' Advisory Committee role in the project's development. On July II, 1984, the election for the Citizens' Advisory Committee was held. As a result of that election, ten (10) individuals were elected to represent sub area "A" and five (5) individuals were elected to represent sub area "B". Preparation for a new redevelopment project area began in 1983 when the Mayor and Common Council initiated a study into decline of commercial property along portions of Highland Avenue, "E" Street and Baseline. The Planning Department compiled a detailed inventory of existing land uses and the structural conditions of buildings within the two sub areas. The. scope and objectives of the project is to eliminate blight within the proposed redevelopment project area. The Redevelopment Plan establishes a basic framework in which the general redevelopment and rehabilitation of the Uptown Redevelopment Project will occur. Over the past several months, the Uptown Citizens' Advisory Committee has been working with staff in the preparation of the Redevelopment Plan, Environmental Impact Report and land use alternatives. a) Redevelopment Plan The Citizens' Advisory Committee approved the Redevelopment Plan as submitted. A joint Public Hearing needs to be set for June 2, 1986, at 11:00 a.m. Notices of Public Hearing will be sent to all property owners of record. b) Environmental Impact Report The Environmental Impact Report (EIR) contains an analysis of the environmental effects which are anticipated to occur as a result of the redevelopment of the Uptown Redevelopment Project, in accordance with the Redevelopment Plan. The EIR also identifies appropriate mitigation measures to reduce or avoid any such adverse environmental effects. c) Declaration of Restrictions Section 33338 of the Community Redevelopment Law states that each Redevelopment Plan shall contain covenants, conditions and restrictions to be adopted by the Legislative Body. It is anticipated that during the life of the project (40 years), the Agency will, from time to time, purchase property to resell for development. The Declaration of Restrictions will prescribe certain standards relating to the use of such property upon resale or lease. The Declaration of Restrictions is referenced in Disposition Agreements between the Agency and the Developer. The Citizens' Advisory Committee, on March 7, 1985, reviewed the Declaration and recommended its adoption. 756G/EJ 4/21/86 Cltf OF SAN BERNARDI" - REQUE" FOR COUNCIL AC1I>>N . d) Rules for Owner Participll!UfdUPDR-'Entry Section 33339 and 33339.5 of the Community Redevelopment Law states that each Plan shall "provide for participation in the redevelopment of property in the project area by the owners of such property if the owners agree to participate..." and "shall extend reasonable preference to persons who are engaged in business in the project area to reenter..." The rules for Owner Participation were reviewed by the Citizens' Advisory Committee on March 7, 1985, and recommended for approval. ** Attached, hereto, is the Action Schedule for the Uptown Redevelopment Project. Actions have already been taken on pages 1-3. Following today's action, the Planning Commission will be receiving the Plan and EIR on May 6, 1986. . . 75.0264 756G/EJ 4/ll/86 . .. I. 02/21/83 07/18/83 July- August 09/19/83 09/20/83 .09/21/83 09/23/83 10/04/83 10/06/83 10/13/83 . - . . ACTION SCHEDULE UPTOWN REDEVELOPMENT PROJECl CITY Adopts resolution designating survey area (Resolution 83-49) CITY Moves formation of Uptown Citizens Advisory Committee PLANNING Selects project area boundary and directs staff to prepare Preliminary Plan (Resolution 83-12) CITY Approves boundary selected by Planning Commission, amended by Council, to include Area "B" and directs Planning staff to prepare Preliminary Plan PLANNING STAFF Sends RFPs to ElR consultants (proposals to be received by 10/04/83) ENGINEElUNG Begins preparation of legal description and boundary map PLANNING Mails Notice of Preparation of Draft EIR to reviewing agencies (60-day review period - ends 11/23/83) PLANNING Submits approved Preliminary Plan to RDA with copy of resolu- tion in accordance with Section 33325, Health & Safety Code PLANNING AND RDA STAFF Review EIR proposals received ENVIRONMENTAL REVIEW COMMITTEE Interviews ElR consultants and recommends award of contract . Binder Categories Survey Area CAC Project Boundary & Description Project Boundary & Description * Project Boundary & Description EIR Prelim- inary Plan * * . . _10/2S/83 "Notice of Filing- 11/04/83 . 11/07/83 12/06/83 12/19/83 12/22/83 01/09/84 . . . IDA STAFF 1. Transmits materisl to the County Assessor, Auditor, Tax Collector, Taxing Agencies and State Board of Equalization a. Description of area; b. Statement that a redevelopment Plan for the redevelop- ment of the area is being prepared; c. A map indicating the boundaries of the project area; d. Filing fees. e. Statement of the last equalized assessment roll the Agency proposes to use for allocation of taxes pur- suant to Section 33670 of Health & Safety Code (83/84) IDA STAFF AND LEGAL COUNSEL 1. Consult with taxing agencies which levy taxes within the proposed Project Area with respect to the Plan and to the allocation taxes pursuant to Section 33670 (Fiscal Review Committee) STATE BOARD OF EQUALIZATION Notified IDA of errors on map submitted 10/2S/83 COUNTY Call for the creation of a Fiscal Review Committee PLANNING COMMISSION Adopts Preliminary Plan (Resolution 83-13) IDA STAFF Mailed corrected map to State Board of Equalization STATE BOARD OF EQUALIZATION Notified IDA that filing was accepted CITY Rescinded action of 07/18/83 authorizing formation of CAC. Instructed staff to meet with City Clerk to determine election procedure. -2- . County Fiscal Review County Fiscal Review County Fiscal Review County Fiscal Review Prelimin- ary Plan County Fiscal Review County Fiscal Review CAC . . ,. 01/26/84 .(90 days after receipt of -No- tice of Filing- 02/20/84 02/20/84 03/15/85 03/84 .03/28/84 06/84 07/11/84 08/84 08/08/84 02/26/86 (45-day Review Period Begins . . . COUNTY Last day for County to prepare and deliver Section 33328 report RDA AND CITY 1. Receives and approves Preliminary Plan; City by motion; RDA by Resolution No. 4579 . Prel1m1n- ary Plan 2. Awards contract to EIR consultant (Resolution No. 4547) * CITY Approves election procedure for Uptown CAC RDA STAFF Notifies taxing agencies that Plan has been delayed; antici- pated to be adopted early 1984; encloses revised legal description and map UPTOWN BULLETIN NllHBER 1 Mailed inviting property owners and residents to Town Hall meeting scheduled for 03/28/84 TOWN HALL MEETING Held to explain election procedures UPTOWN BULLETIN NllHBER 2 Mailed informing property owners and residents of candidate for election; election scheduled for 07/11/84 CAC Election conducted - Committee of 15 formed - 10 Area A, 5 Area B (5 alternates) UPTOWN BULLETIN NllHBER 3 Mailed with election results CAC FIRST MEETING PLANNING STAFF 1. Mails ten (10) copies of draft EIR to State Clearinghouse 2. Mails copy of draft EIR to various reviewing agencies, including the Planning Commission CAC County Fiscal Review CAC CAC CAC CAC CAC CAC EIR EIR 3. Takes Notice of Completion to The Sun to be published on EIR 03/05/86 -3- . . . 03/07/86 03/10/86 03/24/86 04/03/86 04/17/86 04/n/86 . 04/25/86 05/01/86 (ERC Meeting) 05/01/86 05/06/86 Plan- ning Meet- ing . . . STAFF PREPARES PRELIIIIHAllY REPORT - SECTION 33344.5 PRELIIIIHA1l.Y REPORT TO COUNTY - SECTION 33344.5 FISCAL REVIEW MEETING - DRAFT AGREEMENTS CAC RECOHHBNDS APPROVAL OF TAXING AGENCY AGREEKENTS EIR (Draft) Public Review period ends final day for receipt of Draft Ell. comments from all agencies (addendum to be prepared containing all comments and responses) llDA/CITY B.DA: 1. Adopts resolution setting Joint Public Hearing on the Redevelopment Plan and the Report on the Plan for 04/21/86 2. Adopts resolution adopting Rules Governing Participation by Owners and Business Tenants (Resolution No. ) 3. Adopts resolution adopting the form of Declaration of Restrictions (Resolution No. ) RDA Hails via certified mail, return receipt requested, Notice of Public Hearing, letter and map to each property owner within the Project Area (list received from County Assessor), and all taxing agencies ENVIRONMENTAL REVIEW COMMITTEE Considers and recommends certification of Final EIR CAC REVIEWS AND RECOHHBNDS APPROVAL OF REPORT ON TIlE PLAN AND FINAL EIR PLANNING COMMISSION Receives the Redevelopment Plan and Report on the Plan and Ell.. Recommends certification of Final EIR, approves the Redevelopment Plsn and the Report on the Plan, and recommenda- tions on said Plan (Resolution No. ). Also, the Planning Commission hears related General Plan Amendments and Change of Zones -4- . County Fiscal Review County Fiscal Review Report Plan Rules For Re-Entry/ Participa- tion Declara- tion of Restric- tions Plan EIR Report Ell. Plan Report EIR . . - 05/08/86 06/02/86 (PJJA! City Agenda) .06/03/86 06/16/86 06/17/86 . . . CITY: 1. Sets Joint Public Hearing with the Redevelopment Agency on the Redevelopment Plan, Report on the Plan and Final EIR RDA: Causes publication of Notice of Public Hearing to be published May 8, May 15, May 22 and May 29, 1986. RDA AND CITY Open Public Hearings on Redevelopment Plan, Report on the Plan and the EIR Close public hearings Adopt the following resolutions: 1. Resolution certifying the Final EIR (City and Redevelop- ment Agency) 2. Resolution approving the Redevelopment Plan and the Report on the Plan (City and Redevelopment Agency) CITY COUNCIL Gives FIRST READING to ordinance approving and adopting the Redevelopment Plan and the Report on the Plan PLANNING. IDA AND CITY Coordinate in filing Notice of Determination with County Clerk either in person or certified mail) CITY Give SECOND READING to Redevelopment Plan and now to be effective). Change of Zones.) ordinance approving and adopting the the Report on the Plan (30 days from (Also, General Plan Amendments and CITY CLERK (in conjunction with Redevelopment Agency staff) 1. Records documents with the County Recorder as required by Section 33373 a. Legal description b. Statement that redevelopment activities have been instituted c. Redevelopment Plan 2. Notifies the Building and Safety Deprtment of the Rede- velopment Plan 3. Transmits adopted ordinance (after recording the document) and the Redevelopment Plan to the taxing agencies, plus County Auditor and the State Board of Equalization -5- . Plan Report EIR Plan Report EIR EIR Plan Report Ordinance Ordinance Ordinance Ordinance Ordinance Ordinance . . . 06/23/86 07/17/86 - - - . . 4. Causes ordinance to be published in the Sun Telegram in accordance with the requirements of Section 33933 (within 15 days of date of adoption) SUN TELEGRAM Publication of the ordinance adopting and approving the Rede- velopment Plan ORDINANCE EFFECTIVE * Does not need to be included in Uptown Project binder. FJ:jmh:1467K Revised 12/85 04/86 . . -6- . Ordinance Ordinance j: . J e . 1 I I ! i ;. -- . . . SBE074-l/l66lS/pa 04/10/86 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, CONSENTING TO THE HOLDING OF A JOINT PUBLIC HEARING WITH THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO ON THE ADOPTION OF THE REDEVELOPMENT PLAN FOR THE UPTOWN REDEVELOPMENT PROJECT AND AUTHORIZING PUBLICATION AND MAILING OF NOTICES OF JOINT PUBLIC HEARINGS WHEREAS, the Community Development Commission of the City of San Bernardino (the "Commission") on behalf of the Redevelopment Agency of the City of San Bernardino (the "Agency") has heretofore taken actions with regard to the adoption of the Redevelopment Plan for the Uptown Redevelopment project (the "Redevelopment Plan"); and WHEREAS, the Planning Commission of the City of San Bernardino (the "planning commission") has duly approved a Preliminary Plan, legal description and maps designating the redevelopment project area boundaries for the Uptown Redevelopment Project (the "Project Area"); and WHEREAS, the Agency Staff has made the appropriate filings with the affected taxing agencies pursuant to Health and Safety Code Sections 33327, 33328 and 33344.5 with resp~ct to the Redevelopment Plan; and - 1 - 3A . . . . ~. WHEREAS, pursuant to Government Code Section 65402 the Planning Commission must evaluate the consistency of the proposed Redevelopment Plan with the adopted General Plan of the City of San Bernardino prior to the adoption of the Redevelopment Plan; and WHEREAS, in connection with the adoption of the Redevelopment Plan, the Agency Staff has prepared a Draft Environmental Impact Report (the "EIR") pursuant to the California Environmental Qua li ty Act of 1970, as amended ( "CEQA " ) for the Redevelopment Plan; and WHEREAS, pursuant to Health and Safety Code Section 33360. the Mayor and Common Council of the City of San Bernardino. . California (the "Council"), are required to hold a pUblic hearing on the proposed Redevelopment Plan; and WHEREAS, the Commission has requested the Council to meet jointly and conduct a public hearing with the Commission on June 2, 1986, at 11:00 A.M., in the Council Chambers. 300 North "D" Street, San Bernardino, California 92418 with respect to the Redevelopment Plan and the certification of the EIR; and WHEREAS, pursuant to Health and Safety Code Section 33355, the City Council may consent to holding a joint public hearing with the Commission' on the proposed Redevelopment Plan. . - 2 - . . . . . NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DO HEREBY FIND, RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. The Council hereby accepts the Resolution of the Commission requesting a joint public hearing on the Redevelopment Plan and the certification of the EIR and concurs with the authorizations and directions to the Staff of the City and Agency as contained therein. Section 2. The Council hereby consents to the holding of a joint public hearing with the Commission pursuant to Health and Safety Code Section 33355 regarding the adoption of the ~ Redevelopment Plan and the certification of the EIR as follows: Date: Time-: Place: June 2, 1986 11:00 A.M. City Council Chambers 300 N. "0" Street San Bernardino, California 92418 Section 3. The City Clerk is hereby authorized and directed to cause to be published in cooperation with the Agency Secretary the various notices of the joint public hearing as authorized in Section 2 of this Resolution in the manner required by law in substantially in the form as attached to the resolution of the Commission requesting the Council to conduct a joint public hearing with respect to the adoption of the Redevelopment Plan and . the certification of the EIR. - 3 - . . . . . . Section 4. . This Resolution shall take effect upon adoption. I HEREBY adopted by the San Bernardino at held on the the following vote, CERTIFY that the foregoing Mayor and Common Counci 1 a resolution of the meeting day of to wit: AYES: Council Members was duly Ci ty of thereof, 1986, by NAYS: ABSENT: City Clerk day of The foregoing resolution is hereby approved this , 1986. Mayor of the City of San Bernardino Approved as to form: ~. -- >#7~~~-tC: City Att~ - 4 - . . . . . . . STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, SHAUNA CLARK, City Clerk in and for San Bernardino, DO HEREBY CERTIFY that the foregoing copy of San Bernardino City Resolution No. true and correct copy of that now on file in this office. the .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 , 1986. City Clerk - 5 - . . e . . Hereto, attached, markedthlblt "A": Not I! of a JoInt PublIc HearIng by ! Mayor and Common CouncIl of the CIty of San BernardIno, CalIfornIa, and the CommunIty Development CommIssIon of the CIty of San BernardIno for the adoptIon of the Redevelopment Plan for the Uptown Redevelopment Project. . . . . ~ EXHIBIT "A" NOTICE OF A JOINT PUBLIC HEARING BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AND THE COMMUNITY DEVELOPMENT COMMISSION OF OF THE CITY OF SAN BERNARDINO FOR THE ADOPTION OF THE REDEVELOPMENT PLAN FOR THE UPTOWN REDEVELOPMENT PROJECT NOTICE IS HEREBY GIVEN that the Mayor and Common Council of the City of San Bernardino, California (the "Council"), and the Community Development Commission of the City of San Bernardino (the "Commission") on behalf of the Redevelopment Agency of the City of San Bernardino (the "Agency") will conduct a joint public hearing with respect to the adoption of the Redevelopment Plan for the Uptown Redevelopment Project (the "Redevelopment Plan") on June 2, 1986, at the hour of 11:00 A.M. in the Council Chambers, 300 North ~ "D" Street, San Bernardino, California 92418. The purpose of the joint public hearing of the Commission and the Council on the adoption of the proposed Redevelopment Plan is to permit persons having any objections to the Uptown Redevelopment Project, or who deny the existence of blight in the proposed redevelopment project area or objections to the regularity of any of the prior proceedings with respect to the adoption of the Redevelopment Plan, to appear before the Council and the Commission and show cause why the Redevelopment Plan should not be adopted. The scope and obj ect i ve of the proposed Redevelopment Plan is to eliminate blight within the proposed redevelopment project area of the Uptown Redevelopment Project. ~ - I - . . . . . . . . The legal description of the boundaries of the Uptown Redevelopment Project is as follows: (INSERT FULL TEXT OF LEGAL DESCRIPTION) (INSERT MAP OF REDEVELOPMENT PROJECT AREA) On the day and at the hour and place above specified, all persons having any objections to the proposed Redevelopment Plan may appear and be heard. NOTICE IS FURTHER GIVEN that the proposed Redevelopment Plan and the Report to the Council, prepared pursuant to the Community Redevelopment Law, on the proposed Redevelopment Plan are on file and available for public inspection in the offices of the undersigned. GIVEN BY ORDER of the Community Development Commission of the City of San Bernardino and the Mayor and Common Council of the City of San Bernardino, California, this day of 1986. City Clerk of the City of San Bernardino, California Secretary of the Redevelopment Agency of the City of San Bernardino To be published in The Sun on 5/8/86, 5/15/86, 5/22/86 and 5/29/86 - 2 - . . -; J:{ .: :,~ I D~ '.' t. . . , . 0. ,,,': ;..)~_ '1 '" .:~..((I .. ;" , . LEGAL DESCRIPTION UPTOWN REDEVELOPMENT PROJECT AREA SUBAREA "A" Those portIons of Blocks I, 2, 3, 32, 33, 3~, 35, 36, 37, 38, 39, 8~, 85 and Blocks 73, 7~, 75, 76 of the 80 acre survey, all of the Rancho San BernardIno as per plat thereof recorded in Book 7 of Maps, page 2, records of the County Recorder of San BernardIno County, State of CalIfornIa; those portIons of Blocks 59, 60, 61, 62, 63, 67, 68 and 69 of the CIty of San BernardIno as per plat thereof recorded in Book 7 of Maps, page I, records of said County and those portIons of all those varIous subdivIsIons lying wIthin saId Rancho Blocks and City Blocks together wIth those portIons of the adjoInIng streets, described as follows: . BegInnIng at the IntersectIon of the centerlines of Highland Avenue and "E" Street; thence North along said centerline of "E" Street, a distance of 206.25 feet to the Westerly prolongatIon of the North line of that certaIn East/West alley In Block "B", Polytechnic Square, as per plat thereof recorded In Book 20 of Maps, page 5, records of said County; thence East along saId prolongatIon and saId North lIne and contInuIng East along the North lIne of saId alley In Block "A" of said Polytechnic Square to the Southeast corner of Lot 7 of saId Block "A"; thence North along the East lIne of saId Lot 7 and Its Northerly prolongation, to the centerlIne of 23rd Street; thence East along said centerlIne of 23rd Street to the centerline of Arrowhead Avenue; thence South along said centerlIne of Arrowhead Avenue, a distance of 27.73 feet, more or less, to the centerlIne of 23rd Street as said street Is delIneated on the map of Highland HeIghts Tract Re-Subdlvlslon, as per plat thereof recorded in Book 19 of Maps, page 98, records of said County; thence East along said centerline of 23rd Street to Its IntersectIon wIth the Northerly prolongation of the West line of Lot l~, Block "A" of said HIghland Heights Tract; thence South along saId prolongatIon and West lIne to the Southwest corner of saId Lot l~; thence East along the South lIne of Lots l~ and 13 of said Block "A" and the Easterly prolongation thereof to the Northwest corner of Lot 3, Tract No. 19~6 as per plat thereof recorded In Book 28 of Maps, page 32, records of saId County; thence North along the West lInes of Lots l~, 13, 12, II, 10, 9, 8 and 7 of saId Tract No. 19~6, to the Northwest corner of said Lot 7; thence East along the North line of saId Lot 7 and Its Easterly prolongatIon to the centerlIne of Sierra Way; thence North along saId centerlIne to its Intersection with the South lIne of the North 629 feet of Lot 2 of saId Block 85, Rancho San BernardIno; thence East along saId South lIne a distance of 226.10 feet, more or less, to the Northeast corner of that certaIn easement for street and highway purposes a5 granted to the CIty of San Bernardino by document No. 326, recorded October 17, 1957 In Book ~3~8, page 531, Official Records of said County; thence South along the East line of said eastment and along the East lIne of those easements as granted to the City of San Bernardino by document No. 359, recorded March 2~, '195~ in Book 3351, page ~59 and document No. 327, recorded May 25, 1956 In Book 39~8, page ~O, both of offIcial records of saId County, to the South line of the North 1229 feet of saId Lot 2, Block 85, Rancho San Bernardino; thence East along said ~. '- -1- Revised 12/14/83 . . . . . . . South line, to the centerline of Lugo Avenue; thence South along said centerline of Lugo Avenue, to the North line of the South 250 feet of said Lot 2, Block 85; thence East along said North line, to the West line of the East 220 feet of said Lot 2, Block 85; thence North along said West line, a distance of 50 feet to the North line of the South 300 feet of sal~ Lot 2, Block 85; thence East along said North line a distance of 220 feet to the East line of said Lot 2, said point being the centerline of Supulveda Avenue; thence South along said centerline, to Its Intersection with the Westerly prolongation of the South line of the North 50 feet of Lot 39, Arrowhead Heights Tract, as per plat thereof recorded In Book 19 of M.ps, page 5, records of said County; thence East along said prolongation and South line, to the West line of Lot 22 of said Arrowhead Heights Tract; thence North along said West line, to the Northwest corner of said Lot 22; thence East along the North line of said Lot 22 and Its Easterly prolongation, to the centerline of LeRoy Street; thence North along said centerline, to the centerline of Improvement of 23rd Street, 50 feet wide; thence East along said centerline of Improvement, to the centerline of Waterman Avenue; thence South along said centerline of Waterman Avenue to the centerline of said Highland Avenue; thence continuing South along said centerline of Waterman Avenue, to Its Intersection with the Easterly prolongation of the South line of the North 200 feet of Lot I of said Block 39, Rancho San Bernardino; thence West along said prolongation and South line, a distance of 595.15 feet, more or less, to the Northerly prolongation of the West line of Lot 14, Propst Subdivision as per plat thereof recorded In Book 24 of Haps, page 69, records of said County; thence South along said prolongation and West line, to the Southwest corner of said Lot 14; thence West along the Westerly prolongation of the South line of said Lot 14, to the centerline of Wall Avenue; thence North along said centerline, to South line of the North 200 feet of said Lot I, Block 39, Rancho San Bernardino; thence West along said South line, to the East line of Lot 8 of said Block 39; thence South along said East line, to the South line of the North 400 feet of said Lot 8; thence West along saId South line, to the East line of Block "G", Highland Avenue Tract No.2, as per plat thereof recorded in Book 24 of Haps, page 63, records of said County; thence North along said East line, to the Northeast corner of Lot 4 of said Block "G": thence West along the North line of said Lot 4 and Its Westerly prolongation, to the centerline of Sepulveda Avenue; thence South along said centerline, to Its Intersection with the Easterly prolongation of the South line of Lot 20, Block "F" of said Highland Avenue Tract No.2; thence West along said prolongation and South line and along the South line of Lot 10 of said Block "F" and Its Westerly prolongation, to the centerline of Lugo Avenue: thence North along said centerline, to Its Intersection with the Easterly prolongation of the South line of Lot 5, Block "E" of said Highland Avenue Tract No.2: thence West along said prolongation and South line, to the East line of Lot 5, Jonathan Park, as per plat thereof recorded In Book 23 of Haps, page 39, records of said County: thence South along said East line, to the Southeast corner of Lot 7 of said Jonathan Park; thence West along the South line of said Lot 7, to the East line of Sierra Way; thence South along said East line, to Its Intersection with the Easterly prolongation of the South line of Lot 4, Block "A", Frank C. Platt Highland Avenue Tract, as per plat thereof recorded In Book 23 of Haps, page 8, records of said County; thence West along said prolongation and South -. -2- . . e --. . . . . line, to the Southwest corner of said Lot 4: thence North along the West line thereof and of Lot 3 of said Block "A", to the Southeast corner of Lot 13 of said Block "A": thence West along the South line of said Lot 13 and the Westerly prolongation thereof, to the centerline of Genevieve Street: thence North along said centerline, to Its Inter- section with the Easterly prolongation of the South line of Lot 23, Block "B" of said Platt Highland Avenue Tract: thence West along said prolongation and South line and along the South line of Lots 22 and 21 of said Block "B", to the Northeast corner of Lot 18 of said Block "B": thence South along the East line of said Lot 18 and of Lot 17 of said Block "B", to the Southeast corner of said Lot 17: thence West along the South line of said Lot 17 and Its Westerly prolongation, to the centerline of Ht. View Avenue: thence North along said centerline, to Its Intersection with the Easterly prolongation of the South line of Lot 45, Deodar Place, as per plat thereof recorded In Book 21 of Haps, page 28, records of said County: thence West along said prolongation and South line, to the Southwest corner of said Lot 45; thence North along the West line thereof, to the Northwest corner thereof; thence West along the South line of Lot 27 of said Deodar Place, the Westerly prolongation thereof and along the South line of Lot 22 of said Deodar Place, to the Northeast corner of Lot 4 of said Deodar Place: thence South along the East lines of Lots 4, 5 and 6 of said Deodar Place, to the Southeast corner of said Lot 6; thence West along the South line thereof and Its Westerly prolongation, to the centerline of Arrowhead Avenue; thence South along said centerline to the centerline of 20th Street as said Street Is adjacent to Block "A" of the Frazer Subdivision as per plat thereof recorded In Book 16 of Haps, page 74, records of said County: thence West along said centerllne,to the centerline of "0" Street; thence South along said centerline, to a point In a line which Is parallel with and 150 feet South of and measured at right angles to the South line of 20th Street as said Street adjoins Adair & Heyers Subdivision as per plat thereof recorded In Book 18 of Haps, page 61, records of said County: thence West along said parallel line, a distance of 157.91 feet; thence North and parallel with said centerline of "0" Street, to the centerline of said last mentioned 20th Street; thence East along said centerline, to Its Intersection with the Southerly prolongation of the West line of ~ot 47 of saId Adair & Heyers Subdivision; thence Northalong said prolongation, the West line of said Lot 47 and Its Northerly prolongation, to the Northeast corner of Lot 22 of said Adair & Heyers Subdivision: thence West along the North lines of Lots 22, 21, 20, 19, 18, 17, 16 and 15 of said Subdivision, to the Northwest corner of said Lot 15: thence South along the West line of said Lot 15 and the Southerly prolongation thereof, to the Southwest corner of Lot 34 of said Adair & Heyers Subdivision; thence East along the South line of saId Lot 34, to Its Intersection with the Northerly prolongation of the West line of the East 18.75 feet of Lot 39 of said Subdivision; thence South along said prolongation and West line and the Southerly prolongation thereof, to the centerline of said 20th Street; thence East along said centerline, to Its Intersection with the East line of the West 235.33 feet of Lot 7 of said Block 38, -3- . . - ~'. . . . . - Rancho San Bernardino; thence South along said East line, to the South line of said 20th Street; thence continuing South along said East line, a distance of 150 feet; thence East to a point which Is 298.92 feet East of the West line of said Lot 7, Block 38; thence South, a distance of 75 feet; thence West, a distance of 98.92 feet to a point which Is 200 feet East of the West line of said Lot 7; thence South and parallel with said West line of Lot 7 and Its Southerly prolongation, to the North line of Lot 9, Block "0", The Palms, as per plat thereof recorded In Book l~ of Maps, page ~l, records of said County; thence West along said North line and the North line of Lot 10 of said Block "0", to the Northwest corner of said Lot 10; thence South along the West line thereof and the Southerly prolongation thereof, to the Southwest corner of Lot 10, Block "E" of said Palms Sub.; thence East along the South line of said Lot 10, to Southeast corner thereof; thence South along the Northerly prolongation of the East line of Lot 15 of said Block "E", said East line and the Southerly prolongation thereof, to the centerline of 16th Street; thence East along said centerline, to the centerline of Stoddard Avenue; thence South along said centerline of Stoddard Avenue, to the centerline of 15th Street, 20 feet wide; thence West along said centerline, to Its Intersection with the Northerly prolongation of the East line of Lot 10, Revised Map of Magnolia Park Subdivision as per plat thereof recorded In Book 17 of Maps, page 81, records of said County; thence South along said Northerly prolongation, the East line of said Lot 10 and Its Southerly prolongation, to the Southwest corner of Lot ~O of said Magnolia Park Subdivision; thence East along the South line thereof and the South lines of Lots ~l and ~2 of said Magnolia Park Subdivision, to the Southeast corner of said Lot ~2; thence South and parallel with the East line of "E" Street, to the North line of the Ramona Tract as per plat thereof recorded In Book 20 of Maps, page 8, records of said County; thence West along said North line, to the Northwest corner of Lot ~ of said Ramona Tract; thence South along a West line of said Ramona Tract, to an angle point therein; thence West to the West line of Lot 6 of said Ramona Tract; thence South along said West line and the Southerly prolongation thereof, to the North line of 13th Street; thence East along said North line, to Its Intersection with the Northerly prolongation of the West line of Lot 15, Block 2, Fussels Subdivision, as per plat thereof recorded In Book 6 of Haps, page 39, records of said County; thence South along said Northerly prolongation, said west line of Lot 15 and the Southerly prolongation thereof, to the South line of Lot 23 of said Fussels Subdivision; thence East along said South line and the Easterly prolongation thereof, to the East line of Lot 6, Block 1 of said Fussels Subdivision; thence North along said East line and the Northerly prolongation thereof, to the centerline of said 13th Street; thence East along the centerline of said 13th Street and following all Its various courses and distances, to the centerline of Mountain View Avenue; thence South along said centerline, to Its Intersection with the Westerly prolongation of the North line of Lot 5, Platt-Burton Subdivision as per plat thereof recorded In Book 18 of Maps, page 53, records of said County; thence East along said prolongation, the North line of said Lot 5 and the Easterly prolongation -~- . > . z_ . - . . . thereof, to the centerline of Genevieve Street; thence North along said centerline to Its Intersection with the Westerly prolongation of the North line of Lot 5, Long's Subdivision as per plat thereof recorded In Book 21 of Haps, page 27, records of said County; thence East along said prolongation and North line, to the Northeast corner of said Lot 5; thence South along the East line thereof, to the North line of the South 212.75 feet of Lot 7, Block 33 of said Rancho San Bernardino; thence East along said North line, to the centerline of Sierra Way; thence North along said centerline, to Its Intersection with the Westerly prolongation of the North line of Lot II, Block 4, Baseline Addition (Amend) as per plat thereof recorded In Book 4 of Haps, page 35, records of said County; thence East along said prolongation and North line, to the Northeast corner of said Lot II; thence South along the East line of said Lot 11 and Its Southerly prolongation, to the Northwest corner of Lot 20 of said Block 4; thence East along the North line of said Lot 20 and Its Easterly prolongation, to the Northeast corner of Lot I~, Block 5 of said Baseline Addition; thence South along the East line thereof, to North line of the South 4~ feet of Lot 20 of said Block 5; thence East along said North line and Its Easterly prolongation, to the centerline of Sepulveda Avenue; thence North along said centerline, to Its Intersection with the Westerly prolongation of the North line of Lot 10, Block 6 of said Baseline Addition; thence East along said prolongation, the North line of said Lot 10 and Its Easterly prolongation, to the East line of Lot I, Block C, Dunn & Black Subdivision, as per plat thereof recorded In Book 15 of Haps, page 67, records of said County; thence North along said East line, to the Northwest corner thereof; thence East along the North line of said Lot I and Its Easterly prolongation, to the centerline of Wall Avenue; thence South along said centerline, to the Westerly prolongation of the South line of Lot 20, Block "B", of said Dunn & Black Subdivision; thence East along said prolongation, the South line of said Lot 20 and Its Easterly prolongation, to the centerline of Belle Street; thence North along said centerline, to Its Intersection with the Westerly prolongation of the North line of Lot 18, Block "A" of said Dunn & Black Subdivision; thence East along said prolongation and North line, to the Southeast corner of Lot 17 of said Block "A"; thence North along the East line of said Lot 17 and Its Northerly prolongation, to the centerline of 13th Street; thence East along said centerline, to the centerline of Waterman Avenue; thence South along said centerline of Waterman Avenue, to the centerline of Orange Street; thence West along said centerline, to Its Intersection with the Southerly prolongation of the West line of the East 60 feet of Lot 28, Dalmwood Subdivision, as per plat thereof recorded In Book 23 of Maps, page 72, records of said County; thence North along said prolongation and said West line, to the South line of Lot 14 of said Dalmwood Subdivision; thence West along said South line and Its Westerly prolongation, to the centerline of Wall Avenue; thence South along said centerline, to Its Intersection with the Easterly prolongation of the North line of Lot 2, Block "B", Wilsey's Baseline Addition, as per plat thereof recorded In Book 5 of Haps, page 27, records of said County; thence West along said prolongation, the North -5- . . . . > . lIne of saId Lot 2 and Its Westerly prolongatIon, to the East lIne of Sepulveda Avenue; thence Westerly In a straIght lIne to the Northeast corner of Lot 6, Ilock "I", FaIrbanks AddItIon as per plat thereof recorded In look 4 of Maps, page 17, records of SaId County; thence West along the North lIne of saId Lot 6 and Its Westerly prolongatIon, to the centerlIne of Lugo Avenue; thence South along said centerlIne, to the South lIne of the North 185 feet of Lot I, Ilock I of saId Rancho San lernardlno; thence West and parallel wIth the South lIne of lasellne Street, to the centerlIne of SIerra Way; thence South along said centerlIne, to the centerlIne of Orange Street; thence West along saId centerlIne to Its IntersectIon wIth the Southerly prolongatIon of the West lIne of Lot 20, Ilock I, Hlrt , Marshall SubdIvIsIon, as per plat thereof recorded In look 7 of Maps, page 48, records of saId County; thence North along said prolongatIon, the West lIne of saId Lot 20 and Its Northerly prolongatIon, to the Southeast corner of Lot 3 of saId Ilock I; thence West along the South lIne of saId Lot 3 and Its Westerly prolongatIon, to the East lIne of "to VIew Avenue; thence Westerly In a straIght line to the Southeast corner of Lot II, Neff, Hlmand Neff SubdIvIsion, as per plat thereof recorded In look 16 of Maps, page 25, records of saId County; thence West along the South lIne of saId Lot 11 and Its Westerly prolongatIon, to the Northeast corner of Lot 20 of saId Neff, Him and Neff Subdivision; thence South along the East lIne of saId Lot 20, to the North lIne of the South 2.62 feet thereof; thence West along said North line and Its Westerly prolongatIon, to the centerlIne of Arrowhead Avenue; thence North along saId centerlIne, to a point which Is 153.26 feet South of the South line of "sellne Street; thence West and parallel wIth saId South lIne, a dIstance of 216.25 feet; thence South, a distance of 6.74 feet; thence West and parallel to saId South line of lasellne Street, to the centerline of MayfIeld Avenue; thence North along said centerlIne, to a point whIch Is 137.5 feet South of the South line of saId "sellne Street; thence West and parallel wIth saId South lIne, a dIstance of 164.11 feet; thence South, a dIstance of 5.64 feet; thence West and parallel with said South line of lasellne Street, to the centerline of "0" Street; thence South along said centerline, to Its IntersectIon wIth the Easterly prolongatIon of the South line of 11th Street, 25 feet wIde; thence West along saId prolongation and South lIne and the Westerly prolongation thereof, to the centerline of Stoddard Avenue, 50 feet wIde; thence South along saId centerlIne, to the centerlIne of 10th Street; thence East along said centerlIne, to Its Intersection wIth the Northerly prolongation of the East line of Lot 14, Anderson, Drew and lurt SubdIvisIon as per plat thereof recorded In look 3 of Maps, page 80, records of said County; thence South along saId prolongatIon, the East lIne of said Lot 14 and the Southerly prolongation thereof, to the North lIne of Lot 25 of said Anderson, Drew and lurt SubdivIsIon; thence East along saId North lIne, to the Northeast corner of said Lot 25; thence South along the East line thereof and Its Southerly prolongation, to the centerline of 9th Street; thence East along said centerline, to Its IntersectIon with the Northerly prolongation of the West lIne of the East 12 feet of Lot 6, Ilock 63 of saId City of San BernardIno; thence South along saId prolongation and West lIne, to the South lIne of saId Lot 6; thence West along saId South line and the Westerly prolongatIon thereof, to the centerline of Arrowhead Avenue; thence North along saId centerlIne, to Its IntersectIon with the Easterly prolongatIon of the South line of the North 100 feet of Lot 6, Block 62 of saId City of San BernardIno; thence West along said prolongatIon and . ~. -6- .. ~ . ~ . - . . . South lIne, a dlstan~e of 191.25 feet; thence South, to the South line of said Lot 6; thence West along said South lIne and the South lIne of Lot 5 of saId Block 62, to a point whl~h Is 150 feet East of the West lIne of said Lot 5; then~e South and parallel with the West line of said BI~k 62, to the North line of 8th Street; then~e West along said North lIne, to the Southerly prolongation of the West line of the East 85 feet of Lot 3, Block 59 of said City of Sen Ber~rdlno; then~e North along saId prolongation and West lIne to a point which Is 60 feet South of the North line of said Lot 3; thence West, to the West line of saId Lot 3; thence North along said West line and the West line of Lot' of saId Block 59, to a point which Is 120 feet South of the North line of said Lot 6; thence West, to the unterllne of "G" Street; then~e North along said ~enterllne, to the centerline of 9th Street; then~e East along said ~enterllne of 9th Street, to Its Interse~tlon with the centerline of Acacia Avenue, 27.7 feet wide; then~e North along said ~enterllne, to the South line of Lot 6, Blo~k 69 of saId City of Sen Bernardino; then~e East along saId South line, to the Southeast corner of said Lot 6; thence North along the East line thereof and Its Northerly prolongation, to the unterllne of 10th Street; thence West along said ~enterllne, to the ~enterline of A~cla Street; then~e North along said ~enterllne of Aca~la Street, to the South line of the North 297 feet of Lot 4, BI~k 74 of said Ren~ho San Ber~rdlno; then~e West along said South line a distance of 105 feet; then~e South, a dlstan~e of 25 feet; t~ence West, a dlstan~e of 22.65 feet; then~e South, a dlstan~e of 125 feet; then~e West, to a point whl~h Is 100 feet East of the Ea~t line of "F"'Street; thence South, a dlstan~e of 80 feet; thence West, to the ~enterllne of said "F" Street; then~e North along said ~enterllne, to the Easterly prolongation of the North line of Tra~t No. 1784, as per plat thereof re~orded In Book 26 of Kaps, page 35, re~ords of said County; then~e West along said prolongation and North line, to a point whl~h Is 300 feet West of the West line of "F" Street; then~e North, a dlstan~e of 95 feet; thence West, a dlstan~e of 341.25 feet, to the centerline of "G" Street; then~e North along said ~enterllne, to Its Interse~tlon with the Easterly prolongation of the South line of Lot 8, Hiller and ~Kenney Subdivision, as per plat thereof recorded In Book 16 of Haps, page 100, records of said County; then~e West along said prolongation, said South line and the Westerly prolongation thereof, to the East line of Lot 28 of said Hiller and McKenney Sub- division; then~e North along said East line, to the Northeast ~orner of saJd Lot 28; thence West along the North line thereof and the Westerly prolongation thereof, to the ~enterllne of "H" Street; thence South along said ~enterllne, to the ~enterllne of Orange Street; thence West along said ~enterllne, to the East line of Interstate Highway 215; thence North along said East line, to the South line of 16th Street (Realigned); thence Northeasterly along said South line and Its Easterly prolongation, to the Intersection of the ~enterllnes of 16th Street, 60 feet wide and "H" Street, thence South along said ~enterllne of "H" Street, to the ~enterllne of 13th Street; then~e East along said ~enterllne of 13th Street, to the ~enterllne of "G" Street, thence South along said ~enterllne to Its Interse~tlon with the Westerly prolongation of the North line of Lot 51, -7- .,. .. e . . . . . Allen Bros. Subdivision, as per plat thereof recorded In Book 21 of Haps, page 45, records of said County; thence East along said prolonga- tion and North line and Its Easterly prolongation, to the centerline of "F" Street; thence North along said centerline, to Its Intersection with the Westerly prolongation of the North line of Lot 24, Block 2, Acacia Addition, as per plat thereof recorded In Book 17 of Maps, page 12, records of said County; thence East along said prolongation and North line, to the Northeast corner of said Lot 24; thence North along the East lines of Lots 23, 22, 21, 20, 19 and 18 of said Block 2, to the Intersection with the Westerly prolongation of the North line of Lot '9 of said Block 2; thence East along said prolongation and said North line and Its Easterly prolongation, to the centerline of Acacia Avenue, thence North along said centerline, to the centerline of 13th Street; thence East along said centerline of 13th Street, to Its Intersection with the Southerly prolongation of the East line of Lot 12, Sunset Heights Subdivision, as per plat thereof recorded In Book 17 of Maps, page 32, records of said County; thence North along said prolongation, said East line and the Northerly prolongation thereof, to the Northeast corner of Lot 9 of said Sunset Heights Subdivision; thence Northwesterly In a straight line, to a point In the North line of that certain East/West alley as delineated on the Map of said Sunset Heights Subdivision, said point being West thereon, a distance of ISO feet from the West line of "E" Street; thence North and parallel with said West line, a distance of 159 feet; thence West at right angles, a distance of 150 feet; thence North at right angles, a distance of 75 feet to the South line of Hastlns Court Subdivision, as per plat thereof recorded In Book 21 of Maps, page 29,records of said County; thence East along said South line, to the Southeast corner of Lot 16 of said Subdivision; thence North along the East line of said Lot 16 and Its Northerly prolongation, to the North line of said Hastlns Court Subdivision; thence West along said North line, to the Southwest corner of Lot 5, Block "A", Gatch's Subdivision, as per plat thereof recorded In Book 3 of Haps, page 66, records of said County; thence North along the West line of said Lot 5 and Its Northerly prolongation, to the centerline of 14th Street; thence East along said centerline, to Its Intersection with the Southerly prolongation of the ElIst line of Lot 22, 810ck "8" of said Glitch's Subdivision; thence North along said prOlongation, said East line and the Northerly prolongation thereof, to the centerline of Evans Street; thence East along said centerline to the centerline of that certain vacated North/South alley in Block "D" of said Gatch's Subdivision as said alley was vacated by Resolution No. 1293 of the City of San Bernardino; thence North along said centerline, to the centerline of 16th Street; thence West along said centerline of 16th Street, to Its Intersection with the Southerly prolongation of the East line of Lot 9, Gall B. Fish Tract, as per plat thereof recorded In Book 19 of Haps, page 29, records of said County; thence North along said prOlongation and East line, to a point which Is 60 feet South of the North line of said Lot 9; thence West, to the West line of said Lot 9; thence North along the West line thereof and the Northerly prolongation thereof, to the North line of 17th Street; thence Northerly In a straight line, to a point In the South line of Campus Way, -8- .... > - ~ . . . . as vacated by Resolution No. 9216 of the City of San Bernardino, which point Is West thereon, a distance of 205.71 feet from the West line of "E" Street; thence East along said South line, to a point which Is 90 feet West of said West line of "E" Street; thence North, a distance of 20 feet; thence East, a distance of 131.25 feet, to the centerline of said "E" Street; thence North along said centerline, to the centerline of 19th Street; thence West along said centerline of 19th Street, to Its Intersection with the Southerly prolongation of the West line of Lot 6, 810ck "A", Sibley and Allison Subdivision, as per plat thereof recorded In Book 8 of Haps, page 24, records of said County; thence North along said prolongation, the West line of said Lot 6 and the Northerly prolonga- tion thereof, to the South line of Lot 30, of unrecorded Grand View Subdivision of Lot I, Block 37 of said Rancho San Bernardino; thence East along said South line and Its Easterly prolongation, to the Southeast corner of Lot 27 of said Grand View Subdivision; thence North along the East line of said Lot 27 and Its Northerly prolongation, to the centerline of 21st Street; thence West along said centerline, to Its Intersection with the Southerly prolongation of the East line of Lot 21 of said Grand View Subdivision; thence North along said prolongation and East line, to the Northeast corner of said Lot 21; thence West along the North line thereof and Its Westerly prolongation, to the centerline of "G" Street; thence North along said centerline, to Its Intersection with the Easterly prolongation of the North line of Lot 46, Tract No. 1714, as per plat thereof recorded In Book 25 of Haps, page 26, records of said County; thence West along said prolongation, said North line of Lot 46 and Its Westerly prolongation, to the Northeast corner of Lot 30 of said Tract No. 1714; thence South along the East line thereof, to the North line of 21st Street; thence West along said North line and following all its various courses and distances, to the East line of Interstate Highway 215; thence North along said East line, to the South line of Lot 87, Tract No. 3587, as per plat thereof recorded In Book 47 of Haps, page 91, records of said County; thence East along said South line and Its Easterly prolongation, to the centerline of "H" Street; thence South along said centerline, to Its Intersection with the Westerly prolongation of the North line of Lot II, Block I, Tract No. 1704, as per plat thereof recorded in Book 25 of Haps, page 44, records of said County; thence East along said prolongation, the North line of said Lot 11 and Its Easterly prolongation, to the Southwest corner of Lot 3, Block I of said Tract No. 1704; thence North along the West line thereof and Its Northerly prolongation, to the centerline of 23rd Street; thence East along said centerline, to the centerline of "G" Street, thence South along said centerline of "G" Street, to the centerline of Highland Avenue; thence East along said centerline of Highland Avenue, to the Point of 8eglnnlng. -9- , .. ~ ~ . . () I . . () . Description for the Uptown Redevelopment Project Area: Sub Area "B" Those portions of Blocks'15 and 16. Rancho San Bernardino as per plat thereof recorded in Book 7 of Maps. Page 2; Records (If the County Recorder of San Bernardino County. State of Calffornfll. those portions of Carters Subdivision IS per plat thereof recorded in Book 3 of Maps. Page 79; records of said County ~hose portions of Wrights Subdivision as per plat thereof recorded in Book IB of Maos. page 36; records of said County those portions of Insurance Loan and Land Subdivision IS per plat thereof recorded in Book 16 of Maps. Page 37; records of said County those portions of the Wallace Subdivision as per plat therof recorded in Book 3 of Maps. page 38; records of said County those Dortions of the Waters Subdivision as per plat thereof recorded in Book fi of "Ians. Page 47 records of said County and those portions of Block 24. Cit.v of San Bernardino. as per plat thereof recorded in Book 7 of Maps. Page 1 records of said County and those portions of Goodlets Subdivision as p\!r plat recorded in Book 8 of !'.aps Plge 5. records of said County and the adjOining streets. described as a whole as. follows: Beginning It the intersection of the centerlfne of R~1l1to Avenue and the West right-of-way line of Interstate Highway 215; thence West along said Centerlfne of Rialto Avenue a distance of 1680 feet IIlOre or less. to its intersection with the centerlfne of -I(" Street as it intersects said Rfalto Avenue from the North; thence North along said centerlfne of -K" Street to. its intersections witl: the centerlfne of King Street; thence West along said centerline of King Street; thence West along said centerlfne of King Street to its intersection with the centerlfne of Mt. Vernon Avenue; thence North along said centerlfne of Mt. Vernon Avenue to its intersections with the centerline of 2nd Street as same intersects said Mt. Vernon Avenue from the East; thence East along said centerlfne of 2nd Street to its intersection with the centerlfne of Viaduct Boulevarc! as conveyed to the City of San Bernardino by cIocument recorded June 29. 1933 in Book 720. page 306. Official Records of said County; thence Northeasterly along said centerlfne of Viaduct BouleVArd to the centerline of 3rd Street as it now exists; thence Easterly. Northeasterl.v and Easterly along said centerline of existing 3rd Street to the Southerly pro~cngation of the West line of Lot 1 of said Block 16 of the City of San Bernardino; thence North along said Southerly prolongation and West line to the Southeasterly right- of-way line of the Southern Calffornia Railway Company (now Atchison. Topeka Ind Santa Fe Railway Company);thence Northeasterly along said Southeasterly line of said right-of-way to its intersection with the We~t line of "I" Street; thence Northeasterly in a straight lin~ tc the intersection of the East lfne of said -I" Street with the Westerly right-of-way lfne of said Interstate Highwa,v 215; . thence Easterly and Southerly along said Westerly right-of-way lfne to the Point of Beginning. . . . . . . . . . . UPTOWN REDEVELOPMENT PROJECT ~ - n .. ," I-~ . -"Df:".. II 1_' It - . I ~ _I ... " " E. ~:: ~ HI - ... - '..~ ~""" ..... ... I .... .. . ... -" ".. I i ..! I II1I .... Ir IT_ j ..- I I.. ~ ""'1 ~ ,= PI .... ". =- i I ..... ~ I i ~ .. " " - " ..: '- ........ t'. (<~I., ~........ ';;~~.:':: '-;'::::1 I.... .:.:.:.;.: ... I' . I!:..... ...~. I I" " =- I." r 1_..1" BASELINE ST. I . r ... i ...- ~ I . I - 9th ST. " I I .. .. I .1 I' .".. ".. .. ..... -!!. I , .... .' .. \ .. :i1~ -r .. ::t ... -.- I .. .- o . .. , . -. ~.~.ill~.~...\f'l.' '::~ilr: ....:: ... ...... ~ ..... ," . iLTt~ "' SURVEY AREA ~ -AM S48AG: ~ ~ t .... - .~.. .. .. -..., :::t .- - I'" " =.! .: ... ;::w\w!~jlli'@g :; ~/lJ ......BASELINE ST. ..................l.I. 1-1. ... .. ...tILL I _ ~ .. ...... ~ ... ..~. ~gi: . . ;~~~~~~~~~~~i;~~i;: \lit .:I~llli\ . . i 'OJ ~ c_ I "!:::!.!:. ;, 5 :, .. f. I e .:._ II. SURVEY AREA ...... , "BM &5 AG.~ - ... ~ TJ ,. I" ..~...:.. :...;:.....~ '. ...:..........,............ilif\ ................ _ .~~.........::.::.:::::~.... ....... :lif ::'" ~. / ,'. J1ilUWlj::::i:: ~.':.. . I ___ - . .. -_J . .. . ..... ~1~~Nl~~ . ..-: ft.~ !II ............. -I I ::.. :::::~:~}?,: .... .....;,:. .. ':.:.~;.:.:.:.:. .... ....... f M .. .'-' ...~I~. ~. I.......... ....I~l~~-'..~-L- ! f . , ~ - .' LEGEND III Survey Area : -Project Area Boundary - '0 .. I I I ~ - !L. I . . . . .. . . . . SBE074-2/1662S/pa 04/10/86 RESOLUTION NO. A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO REQUESTING THE HOLDING OF A JOINT PUBLIC HEARING WITH THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ON THE ADOPTION OF THE REDEVELOPMENT PLAN FOR THE UPTOWN REDEVELOPMENT PROJECT, ACCEPTING A DRAFT OF THE REDEVELOPMENT PLAN AND A DRAFT ENVIRONMENTAL IMPACT REPORT AND AUTHORIZING PUBLICATION AND MAILING OF NOTICES OF CERTAIN JOINT PUBLIC HEARINGS WHEREAS, the Community Development commission of the City of San Bernardino (the "Commission") on behalf of the Redevelopment Agency of the City of San Bernardino (the "Agency") has heretofore taken actions with regard to the adoption of the Redevelopment Plan for the Uptown Redevelopment Project (the "Redevelopment Plan"); and WHEREAS.. the Planning Commission of of the City San Bernardino (the "Planning Commission") has duly approved a Preliminary Plan, legal description and maps designating the redevelopment project area boundaries for the Uptown Redevelopment Project (the "Project Area"); and WHEREAS, in connection with the proposed redevelopment of the project Area, the Agency Staff has made the appropriate filings with the affected taxing agencies pursuant to Health and Safety Code Sections 33327, 33328, and 33344.5; and WHEREAS, pursuant to Government Code Section 65402 the Planning Commission must evaluate the consistency of the proposed - 1 - 3B . . . -- . . . . , Redevelopment Plan with the adopted General Plan of the City of San Bernardino prior to the adoption of the Redevelopment Plan; and WHEREAS, in connection with the adoption of the Redevelopment Plan, the Agency Staff has prepared a Draft Environmental Impact Report (the "EIR") pursuant to the California Environmental Quality Act of 1970, as amended ("CEQA"), for the Redevelopment Plan; and WHEREAS, pursuant to Health and Safety Code Section 33348, the Agency is required to conduct a public hearing on the proposed Redevelopment Plan; and WHEREAS, pursuant to Health and Safety CodE' Section 33355, the Agency may consent to holding a joint pUblic hearing on the proposed Redevelopment Plan with the Mayor and Common Council of the City of San Bernardino, California (the "Council"). NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO DOES HEREBY FIND, RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. The Commission hereby requests the holding of a joint public hearing with the Council pursuant to Health and Safety Code Section 33355 regarding the adoption of the Redevelopment Plan and the certification of the EIR. - 2 - - --. -- . . . . . - Section 2. The Commission hereby requests that a joint public hearing with the Council be held on both the Redevelopment Plan and the certification of the ErR for the Redevelopment Plan as follows: Date: Time: Place: June 2, 1986 11:00 A.M. Council Chambers 300 North "D" Street San Bernardino, California 92418 Section 3. The Agency Secretary is hereby authorized and directed, in cooperation with the City Clerk of the City of San Bernardino, to cause a notice of such joint public hearing on the Redevelopment Plan to be published in substantially the form as attached hereto as Exhibit "A" in a newspaper of general circulation ... and to prepare and cause to be transmitted by certified mail in the manner required by law a notice to certain persons in accordance with Health and Safety Code Section 33349. Section 4. The Commission hereby requests the Planning Commission to: (1) approve the Redevelopment Plan and provide recommendations thereon, (2) render a report as to conformity of the Redevelopment Plan with the adopted General Plan of the City of San Bernardino, (3) render a report to the Commission pursuant to Government Code Section 65402; and (4) transmit such approvals and reports to the Commission and the Council as requested hereunder or as may be deemed necessary or appropriate by the Planning Commission. ... - 3 - . . . . < ~ Section 5. The Commission hereby accepts and acknowledges receipt of the ErR as prepared in connection with the Redevelopment Plan. Section 6. The Secretary of the Agency is hereby authorized and directed, in cooperation with the City Clerk of the City of San Bernardino, to cause a notice of such joint public hearing regarding the certification of the ErR as scheduled in Section 2 hereof, to be pUblished in substantially the form as attached hereto as Exhibit "B" in a newspaper of general circulation. Section 7. The Commission hereby accepts the draft of the Redevelopment Plan as submi tted at this meeting by the Agency ... Secretary. Section 8. The Agency Staff is hereby authorized to conduct such consultations and negotiations with the San Bernardino County Fiscal Review Committee as may be deemed necessary in connection with the Redevelopment Plan pursuant to Health and Safety Code Section 33353, et seq., and prepare an Agency Staff recommendation concerning said consultations and negotiations. Section 9. The Agency Secretary is hereby authorized and directed to transmit a copy of this Resolution and the attached exhibits to the Council for such action as said body deems appropriate under the circumstances. ... - 4 - . . . . . . . Section 10. This Resolution shall take effect adoption. ADOPTED: Approved as to Legal Form and Adequacy: By: {jjA.,. R. ~ '"' ~. Counsel to e 'Commission - 5 - . upon . . . . , . Hereto. attached. marked Exhibit "8": Notice of Joint Public Hearing and consideration of a Draft Environmental Impact Report for the Redevelopment Plan for the Uptown Redevelopment Project. . . . . . . . . . , EXHIBIT "B" NOTICE OF JOINT PUBLIC HEARING AND CONSIDERATION OF A DRAFT ENVIRONMENTAL IMPACT REPORT for the Redevelopment Plan for the Uptown Redevelopment Project SPONSOR Redevelopment Agency of the City of San Bernardino 300 North "0" Street San Bernardino, California 92418 PLEASE TAKE NOTICE that on June 2, 1986, at 11:00 A.M., in the Council Chambers of the City of San Bernardino, 300 North "0" Street, San Bernardino, California 92418, the Mayor and Common Council of the City of San Bernardino (the "Council"), and the Community Development Commission of the City of San Bernardino (the "Commission"), on behalf of the Redevelopment Agency of the City of San Bernardino will conduct a joint public hearing for consideration of the Certification of a Draft Environmental Impact Report (the "EIR"). The EIR has been prepared in compliance with the California Environmental Quality Act of 1970, as amended ("CEQA"), in connection with the adoption of the Redevelopment Plan for the Uptown Redevelopment Project (the "Redevelopment Plan"). The EIR and the Redevelopment Plan shall be considered and reviewed by the Council and the Commission at a joint public hearing. - 1 - e . . . . . . , The Staff of the Redevelopment Agency of the City of San Bernardino has prepared the environmental review of the Redevelopment Plan. The ErR contains an analysis of the environmental effects which are anticipated to occur as a result of the redevelopment of the Uptown Redevelopment Project in accordance with the Redevelopment Plan. The ErR also identifies appropriate mitigation measures to reduce or avoid any such adverse environmental effects. The Uptown Redevelopment Project includes approximately four hundred thirty-three (433) acres of land and the redevelopment project area boundaries of the Uptown Redevelopment Project are generally shown in the map which appears beloW'. The Redevelopment Plan is not a precise development plan nor does it establish specific proposals or projects for redevelopment in any particular area. The Redevelopment Plan establishes a basic framework in which the general redevelopment and rehabilitation of the Uptown Redevelopment Project will occur. Copies of the ErR are available for public inspection and review during regular business hours at the offices of the undersigned. For additional information. please contact the Staff of the Redevelopment Agency of the City of San Bernardino at (714) 383-5081. - 2 - . . . . , . This Notice is given this day of 1986 by the City of San Bernardino and the Redevelopment Agency of the Ci ty of San Bernardino. By: City Clerk, City of San Bernardino, California By: Secretary of the Redevelopment Agency of the City of San Bernardino ~ [INSERT MAP OF REDEVELOPMENT PROJECT AREA] To be published in The Sun on 05/08/86, 05/15/86, OS/22/86 and OS/29/86 . - 3 - . I . . . , l . UPTOWN REDEVELOPMENT PROJECT S .1 I... .- ,--- 111M) _M Ji: ,.. . I -. , - . ... .. ~ ~ :: II i -. ... t'" I ~ .. - .. I . - .... ., J ;... ;' ... .. ~.fo' IE _F<; .. .. HIC........ A E. """""' !C --:; I .... ~ '" ~ If!l" I .~ . ::.~:.. I. I .. .:~:~. - j ill << ...:. - I .... ..~.., .1 L t- l~ I.~ ..... , ",. - "' :* . I.. J .. .. .,:-:.;. I.... SURVEY AREA ~ ..,... " ... "' 0 -.'. ~ ~ i . ......" .. --- . I ~ I~" I....F " . IA'~ "A- s.48 K,;- :.... i I Iv.... :-!. r;- "' Ii - - F . ~ I . . . _.f:>::: ~ I os ,,- . .} - ... ..i I ",,".': I' ..1 I- - I' .. .. Co ".,. I - . - - ---I .- 0 i . .. -,:- ... .. .'M ~~~ .. ~ .:...:. ).. I i~' ..1 ..\~:i; mlli .2 "~I :T.I .. ~ '" . BASELINE r ..' ....SnI~y ST, -: ... il OIl..... I' ;2L'. .. :'~L . Ii 2 I . .". ... '- -!! I ..... I' ..... .. .. "''''1 .. i - \. ., .. . "' i ........ :::.::.:.:.:.:.;.:..' i ~ ..!: 1- ..-. ;.:-:. ,.:.:.:.:.:.:.'." n:.~r ,Iti r ...............,...... i 9th ST. "' ~ :~~~::\, .. ':_, Ol;.... c_ I CI.l:;:::::::::::;:::: :'. ......Il:.f-i I I .. . Co . . !iI: \W\l~t . I .. . - ... . .. ........ .................. .,............... ......... a,. .,............... .. ~ II " i .. I .. .. -.. .1 ~ . II. """'t .lPtC~~I~. . I" . ...... :. - ....I~~~'.:_..!.-. ! URVEY AREA. -.. = ~ : ~ ; , "BM ~5 AG.{ I-- - - .. - I.. LEGEND ~ II .. . "';"2;..,;:;,..i. ..~.. ":;::;::~' Survey Area .. , -Project Area Boundary - .. . - . .. .............,...........~ ...~'-I I . ..... ......... ... I- 10- ................. ..... . -, ~jt~~:r :<:::: ~ . I __. . . . . . I II. _ I I i . . 1. .' . . . r . . . SBE074-6/1669S/krl 04111/86 RESOLUTION NO. RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO ADOPTING A DECLARATION OF RESTRICTIONS IN THE UPTOWN REDEVELOPMENT PROJECT WHEREAS, the Community Development Commission of the City of San Bernardino (the "Commission") on beha If of the Redevelopment Agency of the City of San Bernardino (the "Agency") and the Mayor and Common Council of the City of San Bernardino, California (the "Counci 1"). are considering the adoption of the Redevelopment Plan for the Uptown Redevelopment Project (the "Redevelopment Plan"); and WHEREAS, the owners of a certain real property and/or business tenants thereof within the Uptown Redevelopment Project may desire to participate in the redevelopment of certain property subject to and in conformity with the Redevelopment Plan; and WHEREAS, the Agency desires for the benefit of the Uptown Redevelopment Project to prescribe certain standards relating to the use and occupation of such real property. NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AS FOLLOWS: Section 1. The Commission hereby approves and adopts that certain declaration of restrictions entitled, "Declaration of 3C . . . . . . . '. Restrict ions Uptown Redevelopment Proj ect", as attached hereto as Exhibit "A" and by this reference incorporated herein, and such restrictions shall be included in every instrument executed by the Agency which conveys. transfers or leases real property wi thin the redevelopment project area of the Uptown Redevelopment Project, Section 2. The Agency Secretary shall make said Declaration of Restrictions available at the office of the City Clerk of the City of San Bernardino for inspection by all interested persons during normal business hours of the City. Section 3. This Resolution shall take effect upon adoption. ADOPTED: Approved as to Legal Form and Adequacy: By: ~h. t... 6,~<< ~ t.t.4 Counsel to the mmission . "- . . . . . . DECLARATION OF RESTRICTION UPTOWN REDEVELOPMENT PROJECT AREA KNOW ALL MEN BY THESE PRESENTS: THIS DECLARATION, made and dated this day of , by the REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, STATE OF CALIFORNIA, which for convenience shall sometimes be hereinafter designated and referred to as the "Agency." WIT N E SSE T H WHEREAS, Agency is the owner of that certain real property situated in the City of San Bernardino, County of San Bernardino, State of California, which real property is within the boundaries of the Uptown Redevelopment Project Area (hereinafter called "projec t"); WHEREAS, the Agency is about to sell, dispose of, convey, transfer or lease some or all of the parcels of said real property and desires, for the benefit of itself and the several purchasers or lessees of lots and parcels of said real property, to prescribe certain standards relating to the use and occupation of such real property. 0682K . , . . . . . . NOW, THEREFORE, IN CONSIDERATION OF THE PROMISES, and for the uses and purposes herein set forth, the Agency hereby declares that all deeds, leases and contracts for the sale, lease, use or transfer of all lots, parcels, and portions of the real property referred to in the recitals hereof shall be made and accepted upon condition that said land be devoted to the use provided in the Redevelopment Plan for the Project; and the following express conditions, provisions, restrictions, and covenants (hereinafter referred to as "conditions"), shall apply to and bind the grantees thereof, their heirs, executors, administrators, successors and assigns, and all persons claiming under or through them, in the development of the real property referred to in the recitals hereof and each and every lot, parcel or portion thereof and each and every lot or parcel into which such real property is subdivided: 1. No Agency acquired building or property shall be permitted to remain within the boundaries of the Project (hereinafter referred to as "Project Area") which does not or cannot be made to conform to the Redevelopment Plan for the Project. 2. Any and all plans for grading, buildings, structures, appurtenances thereto, landscaping, architectural design, use and location of building shall be submitted to the Agency and approved by said Agency prior to construction. 2 . "- . . . - - . . . 3. No buildings, structures and/or appurtenances thereto shall be placed on any lots so that any portion thereof shall be closer to the property lines than those set back requirements set forth in the Plan and/or as required by the zoning ordinance of the City of San Bernardino as it now exists or is hereafter amended. 4. Off-street parking requirements shall be those set forth in the Redevelopment Plan and/or the zoning ordinance of the City of San Bernardino as it now exists or may hereafter be amended. 5. No sign shall be permitted to be constructed, attached, inscribed, affixed or painted on or to any building in the Project Area unless and until the design for such sign has been presented to and approved by the Agency as to location, size, design and construction. 6. The area between the City curb and/or sidewalk and any and all buildings in the Project Area shall be paved to City of San Bernardino specifications and/or landscaped and maintained by the owner or owners of the lot as a condition of use. If the owner, or any successor in interest of the owner, shall fail to landscape and/or maintain the landscaping to the Agency's satisfaction, the Agency shall then have the right to do so and the owner thereof at that time shall be liable to the Agency for its costs incurred. 3 . , . . . . . . 7. All decisions and approvals or disapprovals by the Agency herein established shall be final and binding with the right of appeal as provided in the Plan. 8. All of the foregoing covenants, conditions, and restrictions set forth in the above numbered paragraphs 1 through 7, inclusive, shall run with the land and shall continue in full force and effect for a period of forty (40) years. 9. There shall be no discrimination against, or segregation of, any person or group of persons on account of race, color, creed, sex, national origin, or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the premises herein conveyed, nor shall the grantee himself or any person claiming under or through him establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees in the premises herein conveyed. The foregoing covenants shall run with the land and shall apply to and be forever binding upon any purchaser, grantee, vendee, or lessee of any part of said property, his heirs, executors, administrators, and assigns, and all persons claiming under or through them. 4 . c . . . . . . PROVIDED, FURTHER, that if any covenant or condition or restriction or paragraph, section, sentence, clause or phrase herein contained shall become illegal, null or void for any reason, or shall be held by any court of competent jurisdiction to be illegal or against public policy, the remaining covenants, conditions, and restrictions, paragraphs, sections, clauses, or phrases herein contained shall not be affected thereby and shall remain in full force and effect. PROVIDED, FURTHER, ALSO, that a breach of any of the foregoing covenants and conditions shall not defeat or render invalid the lien of any mortgage or deed of trust made in good faith and for value, as to said realty or any part thereof, and said covenants and conditions shall be binding upon and effective against any subsequent owner of said realty. IN WITNESS WHEREOF, THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, STATE OF CALIFORNIA, has executed these presents the day and year first above written. THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA Chairman Secretary (ACKNOWLEDGMENT) 5 ~" . -j . . . . SBE074-5/1667S/krl 04/10/86 RESOLUTION NO. RESOLUTION OF COMMISSION OF THE RULES GOVERNING BUSINESS TENANTS PROJECT THE COMMUNITY DEVELOPMENT CITY OF SAN BERNARDINO ADOPTING PARTICIPATION BY OWNERS AND IN THE UPTOWN REDEVELOPMENT WHEREAS. the Community Development Commission of the City of San Bernardino (the "Commission") on behalf of the Redevelopment Agency of the City of San Bernardino (the "Agency") and the Mayor and Common Council of the City of San Bernardino. California (the "Council"). are considering the adoption of the Redevelopment Plan for the Uptown Redevelopment Project (the "Redevelopment Plan"); and WHEREAS. the Agency desires. when consistent with the . Objectives of the Redevelopment Plan. to give preferences to existing owners and business tenants for re-entry in business in the proposed redevelopment project area of the Uptown Redevelopment Project; and WHEREAS. the owners of a certain real property and/or business tenants thereof within the Uptown Redevelopment Project may desire to participate in the redevelopment of certain property subject to and in conformity with the Redevelopment Plan; and WHEREAS. the Agency desires for the benefit of the Uptown Redevelopment Project to prescribe certain standards relating to the use and occupation of such real property. . - 1 - 3D - . . . . . . ~ NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AS FOLLOWS: Section 1. The Commission hereby approves and adopts those certain rules and regulations entitled, "Redevelopment Agency of the City of San Bernardino, Rules Governing Participation and Preferences by Owners and Operators of Businesses and Tenants in the Uptown Redevelopment Project", as attached hereto as Exhibit "A" and by this incorporated reference herein, and such rules and regulations shall govern participation by owners and business tenants in the Uptown Redevelopment Project. Section 2. The Agency Secretary shall make said rules and regulations available at the office of the City Clerk of the City of San Bernardino for inspection by all interested persons during normal business hours of the City. Section 3. This Resolution shall take effect upon adoption. ADOPTED: Approved as to Legal Form and Adequacy: By: ~I(~ ~ Io.d Counsel to th ommission - 2 - . \. . . . . . . SAN BERNARDINO REDEVELOP!IENT AGENCY CITY OF SAN BERNARDINO. CALIFORNIA RULES GOVERNING PAllTICIPATION AND PREFEllENCES BY 0WNEll.S. OPERATORS OF BUSINESSES. AND TENANTS IN THE UPTOWN REDEVELOP!IENT PROJECT Section I. GENERAL These rules are promulgated to implement the provisions of the Redevelopment Plan for the Uptown Redevelopment Project regarding participation and the exercise of preference by owners, operators of businesses, and tenants in the Project. These rules set forth the procedures governing such participation. Participation is desired in the restoration and redevelopment of the Project Area by as many owners and tenants as possible. The Agency shall extend preferences to persons who are owners and tenants in the Project Area. to continue in or, if the Agency acquires the land of an owner or the land on which a tenant is located, by negotiations. to re-enter the Project Area if any such owner or tenant otherwise meets the requirements prescribed in the Redevelopment Plan and in these Rules. The Agency is also authorized to permit persons who are owners of real property in the Project Area to be given the opportunity to participate in the restoration and redevelopment of the Project Area by retaining, and if necessary rehabilitating. all or a portion of their properties, by acquiring adjacent or other properties in the Project Area, by selling their properties to the Agency and purchasing other properties in the Project Area, or by selling improvements to the Agency and redeveloping their property. Participation opportunities shall necessarily be subject to and limited by such factors as the following: 1. Removal, relocation and/or installation of public utilities and public facilities. 2. The elimination and changing of some land uses. 3. The realignment. abandonment, widening or opening of public rights-of-way. 4. The ability of owners to finance acquisition and development in accordance with the Plan. . ~ e . . . . . 5. Any reduction in the total number of individual parcels in the Project Area. 6. The assembly and development of areas for public and/or private development in accordance with the Plan. If conflicts develop between the desires of participants for particular sites or land uses, the Agency is authorized to establish reasonable priorities and preferences among the owners and tenants and to determine a solution by consideration of such factors as length of time in the area; accommodation of as many participants as possible; ability to perform; similar land use to similar land use; conformity with the intent and purpose of the Redevelopment Plan. Participation to the extent feasible shall be available for two or more persons, firms or institutions, to join together in partnerships, corporations, or other joint entities. Section II. TYPES OF PARTICIPATION Participation includes remaining in substantially the same location either by retaining all or portions of the property, or by retaining all or portions of the property and purchasing adjacent property from the Agency. An owner who participates in the same location may be required to rehabilitate or demolish all or part of his existing buildings or the Agency may acquire the buildings only and then remove or demolish the buildings. Any work of grading, clearing, demolition or construction undertaken by the Agency shall be done by contract after competitive bids, if the cost of said work exceeds the amount specified in Part III, Chapter 1, Article 4, of the Public Contracts Code, as said Code presently exists or may hereafter be amended. Participation also includes the Agency buying land and improvements at fair market value from existing owners, and offering other parcels for purchase by such participants. Participation also includes business and residential tenants obtaining preferences to re-enter the Project Area. Section III. PARTICIPATION PROCEDURE A. Certificates of Conformance The Project Area contains many parcels of real property. As a result, there is a need to simplify the availability of participation opportunities. Therefore, as an alternative to requiring a participation agreement for each property not to be purchased, the Agency is authorized to make determinations of those properties which conform to the Redevelopment Plan. The Agency shall in good faith review the property contained in the Project Area and issue Certificates of Conformance to qualifying properties as soon as possible consistent with the restoration and redevelopment permitted by the Plan and specific designs for development adopted by the Agency pursuant to the Plan. -2- . '- . . . . . . B. Participation Agreements The Agency is authorized to enter into participation agreements regarding properties not purchased or not to be purchased by the Agency and not included in an Agency Certificate of Conformance. Each agreement will contain provisions necessary to insure that the participation proposal will be carried out, and that the subject property will be developed or used in accordance with the conditions, restrictions, rules and regulations of the Redevelopment Plan and the agreement. Each agreement will require the participant to join in the recordation of such documents as the Agency may require to insure such development and use. Participation agreements will be effective only if approved by the Members of the Agency. C. Statements of Interest Before making offers to purchase property in the Project Area, the Agency shall notify the owners of any such properties that the Agency is considering the acquisition of such property. The Agency shall include a form entitled "Statement of Interest in Participating" with the notification. Within 30 days of receipt of such notification, any owner interested in participating in the Project Area shall file a "Statement of Interest in Participating." The Agency may disregard any Statements received after such 30-day period. Any owner or tenant may also submit such a statement at any time before such notification. The Agency shall consider such Statements as are submitted on time and seek to develop reasonable participation for those submitting such statements whether to stay in place, to move to another location, or to obtain preferences to re-enter the Project Area. Section IV. ENFORCEMENT In the event a property is not developed or used in conformance with the Redevelopment Plan, and with a Certificate of Conformance, or a Participation Agreement, then the Agency is authorized to (1) purchase the property, (2) purchase any interest in the property sufficient to obtain conformance, or (3) take any other appropriate action sufficient to obtain such conformance, with the exception of eminent domain which is precluded by the Redevelopment Plan. -3- . .. . . . . . Section V. AMENDMENTS OF OWNEll. PARTICIPATION RULES The Agency may amend these Rules at any meeting held after their adoption but only after notice to the Agency Members. Such notice shall be delivered at least ten (10) days before the date of the meeting at which the proposed amendment will be considered. l468K -4- .