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HomeMy WebLinkAboutMC-1077 " .. . Adopted: July IO, 2000 Effective: August 9, 2000 I 2 3 4 5 6 ORDINANCE NO. Me-IOn AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNAlUlINO, CALIFORNIA, APPROVING AND ADOPTING THE REDEVELOPMENT PLAN FOR THE 40TH STREET REDEVELOPMENT PROJECT WHEREAS, the Redevelopment Agency of the City of San 7 Bernardino (the "Agency"), has formulated, prepared and approved the 8 Redevelopment Plan for the 40th Street Redevelopment proj ect (the 9 "Redevelopment Plan"); and 10 11 WHEREAS, the Planning Commission of the City of San 12 Bernardino, California (the "Planning Commission"), has been requested 13 by the Community Development Commission of the City of San Bernardino, 14 as the governing board of the Agency (the "Community Development 15 Commission") to submit its report and recommendations to the Mayor and 16 Common Council, and to recommend approval of the proposed 17 Redevelopment Plan; and 18 19 WHEREAS, the Community Development Commission and the Common 20 Council have previously called upon interested persons to form a 21 Project Area Committee for the proposed 40th Street Redevelopment 22 Project and for such a Project Area Committee to submit its 23 recommendation to the Community Development Commission and the Common 24 Council relating to the adoption of the Redevelopment Plan and other 25 matters associated with the implementation of redevelopment activities 26 in the Project Area; and 27 28 SBEOI0001/DOC/40Bl 6/12/00 100 jrnw 1 .' . ~. .. . . Me-Ion I WHEREAS, the Project Area Committee has unanimously voted 2 on May 16, 2000, to recommend the adoption of the Redevelopment Plan 3 subject to the limitations included in the Agency staff memorandum 4 dated May 2, 2000 which was addressed to the Project Area Committee 5 and the Project Area Committee has further unanimously voted on June 6 12, 2000 to affirm its recommendation to adopt the Redevelopment Plan 7 in the form as modified by motion of the Community Development 8 Commission on June 5, 2000, to limit the power of the Agency to 9 acquire certain lands situated along 41st Street as more particularly 10 described in Exhibit "0" of the Redevelopment Plan, by exercise of the II power of eminent domain; and 12 13 WHEREAS, the Planning Commission has made certain 14 recommendations pursuant to the Planning Commission Resolution No. 15 2000-01, dated May 2, 2000, in which the Planning Commission finds 16 that the Redevelopment Plan is consistent with the General Plan of the 17 City of San Bernardino and recommends approval of the Redevelopment 18 Plan and the Final Environmental Impact Report for the 40th Street 19 Redevelopment Project (the "EIR"); and 20 21 WHEREAS, the Community Development Commission has adopted 22 rules for owner participation and business re-entry for the lands and 23 businesses situated within the redevelopment project area boundaries 24 as more particularly described in the Redevelopment Plan (the "Project 25 Area"); and 26 27 28 SBEO/0001/OOC/4081 6/12/00 100 jmw 2 .... ,". Me-Ion I WHEREAS, the Common Council has received the recommendations 2 of the Project Area Committee and the Planning Commission regarding 3 the EIR and the Common Council and the Community Development 4 Commission have reviewed the EIR, and, following a full and fair 5 public hearing thereon, the Common Council and the Community 6 Development Commission have certified the EIR in connection with the 7 adoption of the Redevelopment Plan; and 8 9 WHEREAS, pursuant to public notice duly given, a full and 10 fair public hearing has been held on the Redevelopment Plan and the II EIR; and 12 13 WHEREAS, the Community Development Commission has adopted 14 its Resolution No. 2000-16, dated June 5, 2000 entitled: 15 16 17 18 19 "Resolution of the Community Development Commission of the City of San Bernardino Making Certain Findings With Respect to the Use of Low- and Moderate-income Housing Funds in Connection with the Redevelopment Plan for the 40th Street Redevelopment Project and Requesting the Mayor and Common Council to Concur in Such Findings" 20 and 21 22 WHEREAS, the Community Development Commission has adopted 23 its Resolution entitled: 24 25 26 27 28 "Resolution of the Community Development Commission of the City of San Bernardino Approving the Redevelopment Plan for the 40th Street Redevelopment Project, Approving the Redevelopment Implementation Plan for the 40th Street SBEO/0001/DOC/4081 6/12/00 100 jmw 3 . Me-I077 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 ; and :. . Redevelopment Project; and Certifying the Environmental Impact Report and Mitigation Monitoring for the 40th Street Redevelopment Project" Final Plan WHEREAS, the above entitled Resolutions of the Community Development Commission have been transmitted to the Common Council; and WHEREAS, the Common Council has adopted its Resolution No. 2000-13, dated June 5, 2000 entitled: 16 ; and 17 18 19 entitled: 20 21 22 23 24 25 26 ; and 27 28 "Resolution of the Mayor and Common Council of the City of San Bernardino Making Certain Findings With Respect to the Use of Low and Moderate Income Housing Funds in Connection Wi th the Redevelopment Plan for the 40th Street Redevelopment Project" WHEREAS, the Common Council has adopted its Resolution "Resolution of the Mayor and Common Council of the City of San Bernardino, California Consenting to Payment by the Redevelopment Agency of the City of San Bernardino for the Design, Construction and Financing of Certain Public Improvements for the 40th Street Redevelopment proj ect Pursuant to Health and Safety Code Section 33445 and Making Certain Determinations With Respect to Such Public Improvements" SBEO/0001/DOC/4Q81 6/12/00 100 jrnw 4 , . .L " . Me-Ion I WHEREAS, the Common Council has adopted its Resolution 2 entitled: 3 4 5 6 "Resolution of the Mayor and Common Council of the City of San Bernardino, California Consenting to Certifying the Final Environmental Impact Report and Mitigation Monitoring Plan for the 40th Street Redevelopment Project" 7 ; and 8 9 WHEREAS, all actions required with respect to the 10 Redevelopment Plan by the Community Redevelopment Law, being found as II Section 33000, et ~., of the Health and Safety Code, the California 12 Environmental Quality Act of 1970, as amended ("CEQA"), and other 13 applicable laws have been taken in an appropriate and timely manner. 14 15 BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 16 BERNARDINO, CALIFORNIA, AS FOLLOWS: 17 18 Section 1. The Redevelopment Plan as approved by the 19 Community Development Commission and transmitted to the Common Council 20 by one of the above referenced resolutions of the Community 21 Development Commission, is hereby adopted and incorporated herein by 22 this reference and made a part hereof, as if set out fully herein. 23 24 Section 2. The purposes and intentions of the Common 25 Council with respect to the adoption of the Redevelopment Plan are to: 26 27 28 SBEO/OOOl/Doe/4081 6/12/00 100 jmw 5 Me-Ion 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1. Eliminate the conditions of blight existing on the lands included within the Project Area; 2. Ensure to the greatest possible extent that the causes of blighting conditions on the lands included wi thin the Project Area will be either eliminated or protected against; 3. Provide participation opportunities for owners and business tenants in the Project Area, subject to the overall redevelopment objectives of the Redevelopment Plan; 4 . Encourage and ensure the redevelopment of the lands and improvements included in the Project Area; 5 . Encourage and foster the economic revitalization of the lands included in the Project Area; 6. Finance and construct the public improvements described in the Redevelopment Plan and attachments thereto; and 7. Implement the goals and objectives of the General Plan of the City of San Bernardino, California (the "General Plan") in the Project Area. SBEO/0001/DOC/40B1 6/12/00 100 jrnw 6 Me-Ion I Section 3. The Common Council hereby designates the 2 Redevelopment Plan as incorporated by reference pursuant to Section 1 3 hereof, as the official Redevelopment Plan for the 40th Street 4 Redevelopment Project. 5 6 The Common Council hereby finds and Section 4. 7 determines that: 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1. The following physical and economic conditions exist within the Project Area, as stated in the Report to the Common Council, dated June, 2000, prepared in accordance with Health and Safety Code Section 33352 as on file with the City Clerk: (a) Aging and deteriorating buildings requiring extensive rehabilitation substantial re- or construction to correct serious building code violations; (b) Aging and deteriorating buildings of defective or substandard design or construction; (c) Limited economically viable use or capacity of parcels due to inadequate utilities and public infrastructure (with emphasis on storm drainage, water, sewer and traffic circulation facilities); SBEO/0001/DOC/40Bl 6/12/00 100 jmw 7 '. . Me-Ion 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (d) Limited economically viable use or capacity of parcels due to multiple ownerships and substandard site design involving inadequate traffic circulation, access, and truck loading areas, and a shortage of on-site parking; (e) Limited economically viable use or capacity of size and subdivided to substandard lots due irregularly-shaped parcels; (f) Depreciated or stagnant property values; (g) Abnormally high business vacancy rates and high turnover rates; and (h) Residential overcrowding resulting from an inadequate supply of affordable housing; and (i) The existence and community perception of higher rates of crime in the proj ect Area than elsewhere in the community. Such conditions as set forth above together with the information included in the Joint Public Hearing Document Binder as submitted to the Common Council as of June 5, 2000, are the basis for the Common Council hereby finding SBEO/0001/DOC/4DBl 6/12/00 100 jmw 8 I 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Me-I077 and determining that the lands included within the Project Area are predominantly urbanized and that such lands are blighted areas, and that the redevelopment of these lands is necessary to effectuate the public purposes set forth in the Community Redevelopment Law. These conditions cause deterioration and a lack of proper utilization of the lands included within the Project Area to such an extent that they constitute serious physical, social and economic burdens on the City which cannot reasonably be expected to be reversed or alleviated either by private enterprise acting alone or by the City without the assistance of community redevelopment powers; 2. The Redevelopment Plan will provide for the redevelopment of the lands included within the Project Area in conformity with the Community Redevelopment Law and in the interest of the public peace, health, safety and welfare; 3. The adoption and implementation of the Redevelopment Plan is economically sound and feasible; 4 . The Redevelopment Plan is consistent with the General Plan, including but not limited to the community's housing element; SBEOI0001/00C/4081 6/12/00 100 jmw 9 Me-I077 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5. The carrying out of the Redevelopment Plan will promote the public peace, health, safety and welfare of the City and will effectuate the purposes and policies of the Community Redevelopment Law; 6. The condemnation of real property within the Project Area as provided in the Redevelopment Plan (excluding real property upon which persons reside situated along 41st Street as more particularly identified in Exhibit "Dff of the Redevelopment Plan for which condemnation is not authorized) is necessary for the execution of the Redevelopment Plan and adequate provisions have been made for payment for property to be acquired as provided by law; 7 . Although it is not currently anticipated that any residential displacement will occur as a result of the implementation of the Redevelopment Plan within the first five (5) years following the adoption of the Redevelopment Plan, the Agency has a feasible method or plan for the relocation of any families and persons who may be displaced from the proj ect Area if such displacement may in fact occur; 8 . Although it is not currently anticipated that any residential displacement will occur as a result of the implementation of the Redevelopment Plan within the first SBEO/OOOl!DOC/4081 6/12/00 100 jmw 10 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Me-Ion five (5) years following the adoption of the Redevelopment Plan, there are or shall be provided in areas not generally less desirable with regard to public utilities and public and commercial facilities and at rents or prices within the financial means of the families and persons who may be displaced from the Project Area, decent, safe and sanitary dwellings equal in number to the number of dwellings within the Project Area and available to such displaced families and persons and reasonably accessible to their places of employment; 9. Although it is not currently anticipated that any residential displacement will occur as a result of the implementation of the Redevelopment Plan within the first five (5) years following the adoption of the Redevelopment Plan, families and persons shall not be displaced prior to the adoption of a relocation plan and dwelling units housing persons and families of low or moderate income shall not be removed or destroyed prior to adoption of a replacement housing plan; 22 10. The noncontiguous area of the Project Area as generally 23 24 25 26 27 28 situated at the northwesterly corner of the extension of 48th Street and Waterman Avenue is either blighted or necessary for effective redevelopment of the Project Area and is not included for the purpose of obtaining the SBEO/0001/DOC/40Bl 6/12/00 100 jmw 11 Me-Ion I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 allocation of taxes from any such area pursuant to Health and Safety Code Section 33670 without other substantial justification for its inclusion; 11. The inclusion of any lands, buildings or improvements in the Project Area which are not detrimental to the public health, safety or welfare, is necessary for the effective redevelopment of the areas within the Project Area, and any such lands, buildings or, improvements included are necessary for effective redevelopment and are not included for the purpose of obtaining the allocation of tax increment revenues from such areas pursuant to Health and Safety Code Section 33670 without other substantial justification for their inclusion; 12. The elimination of blight and the redevelopment of the Project Area could not be reasonably expected to be accomplished by private enterprise acting alone or by the City without the aid and assistance of the Agency through the community redevelopment process; 21 22 23 24 25 26 27 28 13. The effect of tax increment financing will not cause a significant financial burden or detriment on any taxing agency deriving revenues from the proj ect Area and the provisions for Health and Safety Code Section 33607.5 are applicable to the Redevelopment Plan; SBEO/0001/OOC/4081 6/12/00 100 jrnw 12 Me-Ion I 14. The Project Area is predominantly urbanized as defined by 2 3 4 5 Health and Safety Code Section 33320.5 (b) and as established pursuant to the Resolutions referenced in the Recitals hereof; 6 15. The time limitation and the limitation on the number of 7 8 9 10 11 12 dollars to be allocated to the Agency contained in the Redevelopment Plan are reasonably related to the proposed projects to be implemented in the Project Area and to the abili ty of the Agency to eliminate blight wi thin the Project Area; and 13 16. The materials included in the Joint Public Hearing Document 14 15 16 17 Binder under Tab 4 provide the basis for the foregoing findings of the Common Council. Section 5. The Common Council is satisfied that 18 permanent housing facilities shall be available within four (4) years 19 from the time residential occupants of the proj ect Area may be 20 displaced, and that pending the development of such facilities, there 21 will be available to such displaced residential occupants adequate 22 temporary housing facilities at rents comparable to those in the 23 community at the time of their displacement. 24 25 Section 6. The Common Council is convinced that the 26 effect of tax increment financing, which will finance the 27 28 SBEO/0001/DOC/4081 6/12/00 100 jrnw 13 Me-Ion I redevelopment activities, as provided in the Redevelopment Plan in 2 whole or in part, will not cause a severe financial burden or 3 detriment on any taxing agency deriving tax revenues from the areas 4 within the Project Area. 5 6 Section 7. Those taxes allocated to the Agency pursuant 7 to Health and Safety Code Section 33670 with respect to the Project 8 Area shall be paid to the Agency, except as otherwise provided in 9 Section 33607.5 and, except as further hereinafter noted, shall be 10 allocated to and when collected shall be paid into a special fund of II the Agency to pay the principal of and interest on loans, moneys 12 advanced to, or indebtedness (whether funded, refunded, assumed, or 13 otherwise) incurred by the Agency to finance or refinance, in whole 14 or in part, the implementation of the Redevelopment Plan. Unless and 15 until the total assessed valuation of the taxable property in the 16 Project Area exceeds the total assessed value of the taxable property 17 in the proj ect Area as shown by the applicable last equalized 18 assessment roll, all of the taxes levied and collected upon the 19 taxable property in the Project Area shall be paid into the funds of 20 the respective taxing agencies. When said loans, advances and 21 indebtedness, if any, and interest thereon, have been paid, all moneys 22 thereafter received from taxes upon the taxable property in the 23 Project Area shall be paid into the funds of the respective taxing 24 agencies as taxes on all other property are paid. 25 26 27 28 SBEO/0001/DDC/40Bl 6/12/00 100 jrnw 14 Me-Ion 1 Section 8. A full and fair public hearing having been 2 held on the Redevelopment Plan and the certification of the EIR as 3 stated in the recitals herein, and the Common Council having 4 considered all evidence and testimony for and against the adoption of 5 the Redevelopment Plan and all written and oral objections thereto, 6 as well as the Response to Written Objections as submitted at the 7 meeting at which this Ordinance was introduced, and this Common 8 Council being fully advised in the premises, all written and oral 9 objections to the Redevelopment Plan are hereby overruled. 10 11 Section 9. In order to facili ta te and implement the 12 Redevelopment Plan, which is hereby approved and adopted, certain 13 official actions must be taken by the City. The Common Council hereby 14 declares its intention to undertake and complete any proceedings 15 necessary to be carried out by the City under the provisions of the 16 Redevelopment Plan, including without limitation, changes in zoning, 17 the location and relocation of public facilities, and other similar 18 public actions. Pursuant thereto, and without limitation, the Common 19 Council hereby: 20 21 22 23 24 25 26 27 28 1. Pledges its cooperation in helping to carry out the Redevelopment Plan; and 2 . Directs the various officials, departments, boards and agencies of the City having administrative responsibilities in the premises likewise to cooperate to such end and to SBEO/0001/00C/4081 6/12/00 100 jrnw 15 , Me-Ion I that the site for which a building permit is sought for the 2 construction of buildings or for other improvements is within a 3 redevelopment project area. 4 5 Section 14. The City Clerk is hereby directed to 6 transmit, on or before five (5) calendar days from, and after the 7 second reading of this Ordinance: (i) a copy of the description and 8 statement recorded by the City Clerk pursuant to Section 12 of this 9 Ordinance; (ii) a copy of this Ordinance; and (iii) a map or plat 10 indicating the territory encompassed by the areas included in the II proj ect Area, to the following parties: (1) the Auditor and Assessor 12 of San Bernardino County, (2) the officer or officers performing the 13 functions of the auditor or assessor for any taxing agencies which, 14 in levying or collecting taxes which do not use the county assessment 15 roll or do not collect taxes through San Bernardino County; (3) the 16 governing body of each of the taxing agencies which levies taxes upon 17 any property in the areas within the Project Area; and (4) the State 18 Board of Equalization. 19 20 Section 15. The City Clerk shall notify the Building 21 Department of the City by a writing transmitted thereto that the 22 Redevelopment Plan has been adopted. 23 24 Section 16. The City Clerk shall transmit a copy of this 25 Ordinance to a newspaper of general circulation for publication in the 26 manner required by law. 27 28 SBEO/OOOI/DOC/4081 6/12/00 100 jrnw 17 , Me-Ion I 2 3 4 exercise their respective functions and powers in a manner consistent with said Redevelopment Plan. Section 10. The Common Council may by separate action, 5 authorize loans of available funds of the City to the Agency and may 6 in its discretion authorized the expenditure of funds of the City from 7 time to time, in accordance with the applicable provisions of the 8 Redevelopment Plan. 9 10 Section 11. The City Clerk is hereby directed to transmit 11 a certified copy of this Ordinance to the Agency, and the Agency, 12 acting through the Community Development Commission as its governing 13 board, is hereby vested with the responsibility for carrying out the 14 Redevelopment Plan. 15 16 Section 12. The City Clerk is hereby directed to record 17 with the County Recorder of San Bernardino County (the "County 18 Recorder") a description of the land within the Project Area and a 19 statement that proceedings for the redevelopment of the areas included 20 wi thin the proj ect Area have been instituted under the Community 21 Redevelopment Law. 22 23 Section 13. The City Administrator and appropriate City 24 Staff are hereby directed, for a period of two (2) years after the 25 effective date of this Ordinance, to advise all applicants for 26 building permits within the areas included within the Project Area 27 28 SBEO/0001/DOC/4081 6/12/00 100 jmw 16 MC-1077 Section 17. In case anyone or more of the provisions of this Ordinance shall for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any other provision of this Ordinance but this Ordinance shall be construed and enforced as if such illegal or invalid provision had not been contained herein. Section 18. This Ordinance shall become effective thirty (30) days after its passage and adoption. PASSED, APPROVED and ADOPTED this 10th day of July 2000 by the following vote: Council: ESTRADA LIEN MCGINNIS SCHNETZ SUAREZ ANDERSON McCAMMACK NAYS ABSTAIN ABSENT X X X X X X X 17 18 19 ~~ ~..Jc Cit Clerk 20 of July The foregoing ordinance 2000. reby appro~d this ,{C~ h alles, Mayor of San Bernardino 11th day 21 22 23 Approved as to form and legal co 24 By: City Attorney 25 26 27 28 SBEO/OOO1/DOC/40Bl 6/12/00 100 jrnw 18