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HomeMy WebLinkAboutR05-Redevelopment Agency o (,j ," ~ REDEVELOPMENT AGENCW-REQU8ST FOR ~/COUNCIL ACTION Glenda Saul, Executive Director Subject: GENERAL PLAN AMENDMENT - AGREEMENT FOR SERVICES c: Dept: Redevelopment Agency Date: June 30, 1987 Synopsis of Previous Commission/Council ection: 5/18/87 - Agreement between Agency and City continued to June 8, 1987. 6/8/87 - Agreement continued to June 15, 1987. 6/15/87 - Agreement continued to July 6, 1987. Recommended motion: (COMKllNITY DEVELOPMENT COMMISSION) c A.. MOVE TO ADOPT A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CHAIRMAN AND SECRETARY TO EXECUTE AN AGREEMENT BY AND BETWEEN THE CITY OF SAN BERNARDINO AND THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO CONCERNING GENERAL PLAN AMENDMENT COSTS AND RELATED MATTERS. (MAYOR AND COMMON COUNCIL) B. MOVE TO ADOPT RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE AN AGREEMENT BY AND BETWEEN THE CITY OF SAN BERNARDINO AND THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO CONCERNING GENERAL PLAN AMENDMENT COSTS AND RELATED MATTERS. ~~l'l~ C ~~{-L Signature Contact person: Glenda Saul Phone: 383-5081 All Supporting data attached: YES FUNDING REQUIREMENTS: Amount: $ 734,400 Ward: Project: All Date: July 6, No edverse Impact on City: OCil Notes: 1987 ()~65U/SI./Jl)O( 6/15/87 n r Ammrl::ll Itpm NnK-~ . R~VELOPMENT AGENCY-~ST FOR cQ.1SSION/COUNCIL A~ c STAFF REPORT The Redevelopment Agency Staff recommends approval and execution of an Agreement between the Agency and the City wherein the Agency reimburees the City for certain costs associated with the General Plan Amendment. The newly appointed Redevelopment Committee members reviewed a briefing paper relating to this agreement on June 4, 1987. A. STATUS On May 18, 1987, an agreement was presented to the Commiesion and Council providing for the payment by the Agency to the City for a proportionate share of the City's cost for the General Plan Amendment. The item has been continued to July 6, 1987, to give Staff time to review the Agreement with Mr. Jim Penman. B. JUSTIFICATION FOR AGENCY PARTICIPATION It has been estimated that the General Plan Amendment will cost the City $1,020,000 (including the data base). c The Agency has 12 adopted project areas, encompassing over 6,500 acres. Last year we incurred the cost of a special overlay zone in Central City South which provided for strict design criteria for development of the area between our two major malls west of wEw Street. Following the adoption of this overlay zone, the Council designated that area around Seccombe Lake as an additional site for the development of design criteria It was at this point that discussions were accelerated to enact the General Plan Amendment with the Agency to pay for that portion of the cost that it could justify - one such justification being the cost of individual overlay zones to establish design criteria for certain sections within Redevelopment Project Areas. Another area of justification is the documentation and reports needed for the adoption of new Redevelopment Project Areas. Currently, three such areas have been discussed - the Mount Vernon corridor, the Norton/Waterman Avenue area, and the northend area (north of Highland Avenue, generally from State College Project Area to Waterman Avenue). The estimated cost for the adoption process is $200,000 each. Many of the reports/studies that will be generated by the General Plan Amendment can be used by the Agency for portions of the Redevelopment Plan, Report, Economic Analysis and EIR needed to adopt these project areas. c Another very valuable tool to the Agency will be the City's establishment of a GO Base System. Currently, a portion of this information is ordered from the County on a yearly basis (assessed values), while other data has not been available to date, except through research and site specific inventory (zoning, General Plan, use, building size, land size, condition of improvements). Staff believes that justification can definitely be made to reimburse the City for a proportionate share of the GO Base. 0365H/SL/RMM 6/15/87 RE(JVELOPMENT AGENCY-QUEST FOR ~ISSION/COUNCIL ACOON STAFF REPORT c C. BUDGET Approximate Cost Planning GO Base System - Tech Upgrade Total Cost Approximately *750,000 270,000 h.~O.OQO (1) RDA Project Areas Design Criteria - 12 Project Areas $334,400 Latest Overlay - $195,000 334,400 : 12 - $27,860 c (2) New Projects Pending Approx $200,000 each is estimated adoption cost - this amount could be reduced by 50% with studies to be provided - Mt Vernon - Norton/Waterman - Northend $300,000 savings (3) Data Base $300,000 $100,000 Agency's justifiable expenditure $734,400 City's Share $285,600 Total Cost *1. 020 .000 D. METHOD OF PAYMENT Staff is recommending payment over five years from tax increment revenues ($146,880 per year x 5 years - $734,400). E. PROPOSED AGREEMENTS The agreement provides for the following: (1) Agency Staff will review the RFP to be submitted for consultant services. (Done) c 0365H/SL/RMM 6/15/87 R~VELOPMENT AGENCY-I()luEST FOR c:.1SSION/COUNCIL AcQoN STAFF REPORT Ie (2) Commission will approve the consultant recOlDllended by the review panel. (3) City will enter into the contract with the consultant and be responsible for administration of said contract. (4) Agency will reimburse City for its share of the total amount of any costs incurred by the City not to exceed $734,400 total. City shall submit invoices describing services and goods received. Agency shall make yearly payments of not to exceed $146,880 for five years. (S) If recommendations are made by the consultant for changes in land use within Redevelopment project areas, Agency shall immediately be notified. (6) Copies of all reports submitted by consultant shall be provided to the Agency. (7) The City shall prepare a city-wide computer data base, setting forth pertinent tax and assessment information. Agency shall be provided with a computer terminal and complete access to the data base at no additional cost. c c 036SH/SL/RMM 6/1S/87 o 1''''' ) :)SBEOOOOI-177/2448s/nb 05/04/87 :) v '( C RESOLUTION NO. A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CHAIRMAN AND SECRETARY TO EXECUTE AN AGREEMENT BY AND BETWEEN THE CITY OF SAN BERNARDINO AND THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO CONCERNING GENERAL PLAN AMENDMENT COSTS AND RELATED MATTERS WHEREAS, the City of San Bernardino, California (the WCityW) desires and intends to study the need for amending and, if necessary, to amend portions of the General Plan of the City and,_if necessary, the Zoning Ordinance of the City (collectively, the wGeneral Plan ProjectW); and t WHEREAS, the City further desires and intends to complete the preparation and compilation of tax and assessment information and other information applicable to each assessor's parcel within the City (the WData Base Project"); and WHEREAS, any changes in land uses and design standards resulting from the General Plan Project will have an effect upon the permissible uses of real property and design standards as set forth in the adopted redevelopment plans of the Agency, and the Data Base Project will be of significant benefit to the Agency in causing the redevelopment of real property; and c - 1 - fIt c c :) ,:J ( c WHEREAS, the City and the Agency desire and intend to enter into a certain Agreement (the WAgreementW) by and between the City and the Agency pursuant to which the Agency will reimburse the City a portion of the total costs incurred by the City in undertaking and completing the General Plan Project and the Data Base Project, and a copy of the Agreement is attached hereo as Exhibit WAW and is incorporated herein by reference; WHEREAS, it is .reasonable and appropriate for the Agency to contribute funds for the purpose of the preparation and compilatjon of the General Plan Project and the Data Base Project because, among other reasons, the Agency would otherwise spend significant funds in order to obtain data concerning assessor's parcels and to study <c permissible land uses and design standards within areas subject to adopted redevelopment plans. NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. The Mayor and Conunon Council hereby approve the Agreement by and between the City and the Agency, a copy of which is attached hereto as Exhibit WA" and is incorporated herein by reference. c - 2 - .t c s c o o o :) Section 2. The Chairman and Secretary of the Community Development Commission are hereby authorized and directed to execute the Agreement on behalf of the Agency. Section 3. This Resolution shall take effect upon adoption. ADOPTED: Approved as to Legal Form and Adequacy: By: ~P.~ Counsel to the Commission - 3 - c o .-.. ....,) SBEOOOOI-178/2449S/nb 05/04/87 :) tC , RESOLUTION NO. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE AN AGREEMENT BY AND BETWEEN THE CITY OF SAN BERNARDINO AND THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO CONCERNING GENERAL PLAN AMENDMENT COSTS AND RELATED MATTERS WHEREAS, the City of San Bernardino, California (the .CityW) desires and intends to study the need for amending and, if necessary, to amend portions of the General Plan of the City and, if <C WHEREAS, the City further desires and intends to complete the preparation and compilation of tax and assessment information and other information applicable to each assessor' s parcel wi thin the City (the "Data Base ProjectW); and WHEREAS, any changes in land uses and design standards resulting from the General Plan Project will have an effect upon the permissible uses of real property and design standards as set forth in the adopted redevelopment plans of the Agency, and the Data Base Project will be of significant benefit to the Agency in causing the redevelopment of real property; and c - I - f1r c t Ie c o o :) WHEREAS, the City and the Agency desire and intend to enter into a certain Agreement (the WAgreement") by and between the City and the Agency pursuant to which the Agency will reimburse the City a portion of the total costs incurred by the City in undertaking and completing the General Plan Project and the Data Base Project, and a copy of the Agreement is attached hereto as Exhibit WAW and is incorporated herein by reference; and WHEREAS, it is reasonable and appropriate for the Agency to contribute funds for the purpose of the preparation and compilation of the General Plan Project and the Data Base Project because, among other reasons, the Agency would otherwise spend significant funds in order to obtain data concerning assessor's parcels and to study permissible land uses and design standards within areas sUbject to adopted redevelopment plans. NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION, ACTING ON BEHALF OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. The Community Development Commission hereby approves the Agreement by and between the Ci ty and the Agency, a copy of which is attached hereto as Exhibit WAW and is incorporated herein by reference. - 2 - '( c t I C c o o Section 2. :) , The Mayor and the City Clerk are hereby authorized and directed to execute the Agreement on behalf of the City. Section 3. This Resolution shall take effect upon adoption. I HEREBY CERTIFY that the foregoing adopted by the Mayor and Common Council San Bernardino at a held on the day of the following vote, to wit: resolution of the meeting AYES: Council Members was duly Ci ty of thereof, 1987. by NAYS: ABSENT: City Clerk d.ay of The foregoing resolution is hereby approved this , 1987. Mayor of the City of San Bernardino Approved as to form: City Attorney - 3 - .C o o :> p STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) CITY OF SAN BERNARDINO ) ss I, SHAUNA CLARK, City Clerk in San Bernardino, DO HEREBY CERTIFY that the copy of San Bernardino City Resolution No. true and correct copy of that now on file in this office. and for the foregoing and is City of attached a full, IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Bernardino this day of , 1987. City Clerk /2449S t9 'C c c c ~KU^ I~~~UPIER 295: 6- 9-87: 3:43 PM: c: () 00 .. 7148889413 : "'j o S880001-171/2293S/ds 0'101/87 AGREEMENT 8Y AND BETWEEN THE CIn OF SAN BERNARDINO, CALIFORNIA, AND THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO (GENERAL PLAN AMENDMENT PROJECT) THIS AGREEMENT is entered into thiB day of , 1987, by and between the Ci ty of San Bernardino, California (the "City"), a municipal corporation, and the Community Development Commis.ion of the City Of San Bernardino acting on behalf of the Redevelopment Agency of the City of San Bernardino (the "Commission"), a public bOdy, corporate and politic, of the State of California. gCITALS WHEREAS, the City desires and intends to amend the land use element and other portions of the General Phn of the City of San Bernardino (the "General Plan") and. if necessary, the aoning ordinance. of the City (the .Zoning Ordinance.") in order to provide for sound planning, the devotion of real property to reasonable uses, and the development of real property pur.uant to high Quality and reasonable design standards in conformity with the public health, safety and welfare; and WHEREAS, the Commi.sion and the City have heretofore adopted certain redevelopment plans (the "Redevelopment Plans") which generally provide for certain permi.sib1e uses of real property and design standards within redevelopment project: areal SUbject to the Redevelopment Plan. (the "Project Areas"); and WHEREAS, the Redevelopment P1anl currently provide for uses of real property and ''delign standards which are compatible with those set forth in the General Plan and the Zoning Ordinances; and WHEREAS, any changes in permillib1e land use. and delign .tandards a. .et forth in the General Plan and the Zoning Ordinance. will have an effect upon the permiuible u.es of reel property and design standards as set forth in the Redevelopment Plans; and WHEREAS, the City and the Comminion desire and intend to cooperate for the purpose Of causing the completion of amendments to the General Plan and the Zoning Ordinances which are consistent with the public health, .afety and welfare and are of benefit to perlons and bUlinesses located within the Project Area. and el.ewhere within the City; ane! - 1 - c: c: c XEROX TELECOPIER 295: 6- 9-87: 3:44 PM: 00 + 7148889413 : # 3 l.h"- (") \.. o ::> ) WHEREAS, it is r.asonabl. and .ppropriate for the Commiuion to contribute funds for purposes of the pr.paration of amendments to the General Plan .nd, if n.c....ry, the Zoning Ordinances, if the Commi..ion d.t.rmin.s that any such ezpenditures by the City are Of direct benefit to a Project Ar.. or the Commission, since the Commission would otherwi.e be required to ezpend significant fund. in ord.r to atudy p.rmissible land uaes and d.sign standards within the Project Areas, and within certain additional areas of the City which may h.reaft.r be included within am.ndments to the Redevelopment Plan. or newly adopted redevelopment plan.; and WHEREAS, the Commission shall be' responsible for the payment to the City of (a) a certain portion of total co.ts for the pr.paration of amendments to the General Plan and, if n.c.ssary, the Zoning Ordin.nc.s and the compl.tion of the o.t. Base Project, as set forth in this Agreement. which are of direct benen t to the proj.ct Ar... or otherwise p.rtain to r.dev.lopment purposes of the Commi..ion, (b) a certain portion of actual co.t. heretofore incurred by the Commission andlor the City in cauaint; the adoption of ordinances .st.bU.hing ov.rlay zon.. in c.rtain Project Areas, and (c) a certain portion of the total anticipated costs of all of -the foregoing r.lativ. to n.w r.d.v.lopm.nt proj.ct .reas within the City pursuant to Health and Safety Code Section 33000, et seq.. and the establishing of permissible land uses and design atandards r.l.tive to .uch n.w proj.ct .r.... AGREEMENT NOW, THEREFORE. terms and provision. ..t , II follows: Section 1. PREPARATION OF RE UEST FOR PROPOSALS. The City hili prepared a Request for PropOll1s the "RFP" pursuant to which the City seeks propoaals from qualified con~ultant. conc.rning the preparation of alllendm.nts to the land u.. element and other portions of the Gen.ral Plan and, if n.c....ry, to the Zoning Ordinances. The RFP providea, among other matt.ra. that any propolllll shall include, but not be limit.d to, the preparation of amendment. to tho.e portions of the land us. element and other portions of the General Plan .nd, if neces.ary. to the Zoning Ordinance., which pertain to Pro~.ct Ar.as. in conlSideration of the mutual covenants. forth hereinafter. the partie. h.reto agree Section Z. APPROVAL OF PRO~SALS. Followin; the r.ceipt of .11 proposals in re.ponse to the RFP. City Staff and the Executive Director of the Commi.sion shall review each propo.al and m.ke recommendations to the Mayor and Common Council of the City and to the Commis.ion conc.rnint; the approval of one or more proposals. A contract providint; for the preparation of amendm.nts to the land use element and other portions of the General Plan and, if necessary, to the Zonin; Ordinances, ah.ll be .warded to that certain party or partie. .ubmittin; a proposal or propoll1l which have been approv.d by both the Mayor and Common Council of the City and the Commission. . - Z - c c c XEROX TELECOPIER 295; 6- 9-87; 3:45 PM: 00 + 7148889413 ; # 4 :) It;,.", c: o Section 3. RESPONSIBLE PARTY. Motwith.tanding any provision set forth herein to the contrary, any and all contracts entered into tor the purpolle of amending the lanl! u.e element and other portionll of the General Plan and, if neceaaary, the Zonino Ordinances, shall be ezecuted by the City and .uch other parties whO have been awarded .uch contracts. The Commi..ion shall not be required to be a party to such contracts. The City and the Commission acknow1el!ge and agree that any and all amendment. to the lanl! use element and other portions of the General Plan and, if necessary, to the Zonlng Ordinances, shall be subiect to approval by the City and not by the COllUdsdon. The City shall have the responsibility to administer any and all contracts entered into for the purpose of causing the preparation of such amendments. .ection 4. AGENCY REIMBURSEMENTS. The Commission shall reimburse the cfrY for any and all actual costs incurred by the City in causing the preparation of amendments to the land u.e element and other portiona of the General Plan and, if necessaty, to the Zoning Ordinances and the Data Base Project, as defined in Section 8, which are directly related to the Project Are.. or other redevelopment activities of the Commission, provided, however, that the total amount of such reill\l)unements to be made by the Commission to the ~ity hereunder shall not ezceed, in the aggregate, the sum of Seven Hundred Thirty-Four Thou..nd Four Hundred Dollan (.734,400). In order to receive reill\l)ursementa from the Commisdon hereunder, the City, shall periodically submit to the becutive Director of the Commission invoices or requests for reill\l)uraement specifying the total costs for which IUCh reimbursement is requested and setting forth, among other mattera, a description of the goods or services received to which SUCh reill\l)ursements pertain and the dates when such goods or services Were received. Upon verification and approval of such requests for reimbursement by the Ezecutive Director of the Commission, the Ezecutive Director of the Commission shall cause payment to be made to the City therefor in the amount of the total costs of goods and services to Which such request for reill\l)ursement pertains which are directly related to the Project Areas or other redevelopment activities of the Commission. Notwithstanding any provision ..t forth herein to the contrary, the Commi.sion shall not be requi~ed to reimburse the City hereunl!er in ezcellS of the sum of One Hundred Forty-Sb Thousand Eioht Hundred Eighty Dollars ($146,880) for each successive one year period commencing with the date that the City first enters into a contract with another party for the purpose of causing the preparation, pursuant to this Agreement, of amendments to the land use element or other portions of the General Plan and, if necesury, the zoning Ordinances or a contract for the Data B..e Project, and the City shall submit to the Commission any and all requests for reimbursement hereunder no later than five (5) years followin; such date. Section 5. PRIORITY POR PROJ!Ct AREAS. Upon the request by the COllllllinion, the City and any and all parties with whom the City enters into a contract for the purpose of amendin; the land use element or other portions of the Oeneral Plan and, if - 3 - o c c ~"V^ 1c.LC.....ut"ltt< ~~b; 6- 9-87; 3:46 PM; 00 .. 7148889413 ; , ~ :) C <.:: o ) necessary, the Zoning Ordinances, shall make recommendations concernln; such amendments applicable to anyone or mOre of the Project Areas designated in any such request by the Commission. For this purpose, the City Staft and the Commission Staff shall cooperate in order to determine which Redevelopment Plans, if any, would require an amendment as a result of the amendment of the land use element or other portions of the General Plan Ind, if necessary, the Zoning Ordinances, applicable to such Project Areas. As part Of such review, the City Staff and the Commission Staff, together with the consultant selected pursUlnt to the IFP, shall study Ind determine whether there may be any fhcal impacts to any taxing entities caused by any proposed amendment to the land use element or other portions of the General Plan and, if necesury, the Zoning Ordinances applicable to a Project Area, al well as any impact upon. the ability of the Commiasion to meet any and all of its Obligations pursuant to existing financings or other agreements to which it is I party as a result of any such amendment. Section 6. CITIZEN PART1CIPATION. The City and the Commission understand and agree that certain residenta or representatives of community organisationl or busineasel hive been called upon or may hereafter be requested to form a project area _committe., pursuant to Health and Safety Code Section 33385, n ag., or such other committees II may be estabUshed by the Commission and/or the Mayor and Common Council Of the City, and thlt such project area committee or other committees may have jurhcHction or responsibilities to review and make reoommendations concerning pOlSlib1e amendment II to the land use element Ind other portions of the General P11n and, if necessary, the Zoning Ordinances. In the event that the Mayor and Common Council of the City eltabUsh one or more committees to advhe any consultant or the Mayor and Common Council concerning a proPoled amendment to the land use element or other portions of the General Plan snd, if . necellluy, the Zoning Ordinances, a member of the Commission Staff sball be appointed to each sucb committee. Following the receipt by the City of any propolled amendment to the land ule element or other portions ot the General Plan and, if necesaary,the Zoning Ordinances, the Mayor and Common Council, or their designee, Shall, for purposea of a report and recommendation, promptly refer the proposed amendment to such project area committee or other committee having juriSdiction or responsibilities to review such amendment and make recommendations concerning any geographical area subject to the proposed amendment. The Mayor and Common Council, or their desivnee, shall specify the time within which a report Or recommendation must be SUbmitted by such project area committ.e or other committe. to the Mayor and Common Council concerning the proposed amendment. Prior to approving any such propo.ed amendment, the Mayor and Common Council shall conaider any and all recommendations concerning the propo.ed amendment .1 may be submitted by such project, area committee or other committee. Section 7. STUDIES REPORT AGENcY. Tbe City ahall promptly subm t to the Execut ve Director of the Commiuion a COpy of any and all written reports, studie., - 4 - c c c XEROX TELECOPIER 295; . 6- 9-87; 3:47 PM; o 00 + 7148889413 ; . 6_ ) ("\ ...; /" 0-, ....; surveys, analyses, memoraneSa, recommeneSations aneS other docUlllents submitted to the City by any party with whom the City enters into a contract for the purpose of causing the preparation of amendments to the land use element and other portions of the General Plan and, if necessary, to the Zoning Ordinances. Any and all of the foregoing materials may thereafter be used by the Commission for any purpos.s consistent with the Community aeeSevelopment Law, Health and Safety Code Sections 33000, II sea. Section 8. PREPARATION OF ASSESSOR' S PARCEL DATA BASE. The City shall prepare a City-wide computer data base .etting forth pertinent taa IneS allessment information aneS other information applicable to each assessor's parcel within the City (the -Data aa.e Project-). The City shall commence the Data Base Project within ninety (90) calendar day. following the date ot the execution of this Agreement. The City shall thereafter proceed diligently and continuously toward the completion of the Data lIase Project. The City shall include .. part of the Data aa.e Project any and aU information reasonably reque.ted by the Executiv. nirector ot the Commission, Ind the City Staff .hall coordinate with the Commi.sion Staff in order to determine the information which will be included within the Data a..e Project. FOllowing the completion of all or any portion of the Data aase Project, the City solely shall have the responsibility to maintain and update from time to time any and all information obtained .. part Of the Data lIase Project. The City shall .at all times provide to the COllllllinion Staff computer terminal access to all information which is made part of the Data lI..e Project without any cost or other uler charges to the Commission, and the City shall further provide to the Commiuion Staff all necessary equipment without any charge to tbe Commission in order to permit the Commission Staff to obtain in written form information and data made parI: of the Data aase Pro:lect. The Commission shall reimburse the City for that portion of the costa of the Data a..e Project which the Commission determines to be in furtherance ot redevelopment-related activities of the Commission. Such reimbursements shall be consistent with the limitations set forth in Section 4 hereof al to the mlximum Commission reimbursements both as to the total principal .-nount and the maximum principal amount: that may be paid on an annuIl ba.is. Section 9. APPROVAL OF AMENDMENTS TO GENERAL PLAN. Prior to approving a proposed amenc5ment to the land us. element of the General Plan which affects a Project Area, the Mayor and Common Council shall refer such proposed amendment to the Executive Director of the Commission for SUbmission of a written recommendation thereon to the Mayor snd Common Council. Notwithstanding any provision to the contrary, the Mlyor and Common Council solely shall have the right and responsibility to approve eny and all amendments to the land ua. element of the General Plan. - 5 - . ~ XEROX TELECOP I ER 295: 6- 9-87: 3:47 PM: 00 + 7148889413 ; # 7 ) .,.', 'II"; c; o ) C'''', . Ill) IN WITNESS WHEIEOF, the perties hereto have executed this Agreement on the day and year first written above. I I .! COMMUNITY DEVELOPMENT COMMISSION OF SAN BERNARDINO By: Chairman (SEAL) ATTEST: By: Secretary CITY OF SAN BERXARDIRO, CALIFORNIA By: c Mayor (SEAL) Atte.t: By: City Clerk /22938 c