HomeMy WebLinkAboutR07-Redevelopment Agency
M1IIIIt:'t...Qu.ST POll ~/COUNCL ACT~
Glenda Saul, Ezecut1ve Director
Subject: GENERAL PLAN AMENIlKENT - AGREEMENT
FOR SERVICES
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Redevelopment Agency
Date: May 15, 1987
Synopsis of Previoul Commission/Council ection:
None
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Recommended motion:
(COMIIUNITY DEVELOPMENT COMMISSION)
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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.
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Signature
Contact person:
Glenda Saul
Phone: 383-5081
All
W.rd:
Project: All
Date: May 18, 1987
Supporting dlta IttIched:
YES
FUNDING REQUIREMENTS:
Amount: $
734,400
No edverse Impact on City:
C' 01 Notes:
0239H/SL/RMM
5/161 tH
Agenda Item No.
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MJIJlHf:'I.....SY POR ~/COUNCL
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ACTION
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STAFF REPORT
Staff reco_ends approval of an agreement between the Redevelopment Aaency and the
City of San Bernardino wherein the Aaency will reimburse the --City for its fair
share of the costs of the General Plan Aaendment and subsequent use of a data base
to be developed as a part of the amendment process, and to be available at no
additional cost to the Aaency.
BACKGROUND
Attached for your review is an agreement between the Aaency and the City for
reimbureement to the City for our share of the costs for the General Plan
Amendment and subsequent data services, not to exceed *734,400.
The agreement provides for the following:
(1) Aaency will review the RFP to be submitted for consultant services.
(2)
(3)
Aaency will approve the consultant recommended by the review panel.
City will enter into the contract with the coneultant and be responsible for
administration of said contract.
(4)
Agency will reimburee the City for its portion of the total cost not to
exceed *734,400. Reimbursements shall be made in the amount of $146,880 per
year for five consecutive years, based upon invoices submitted to the Agency
describing the services received. The attached budget sheet submitted in
February spelle out the Aaency's participation in this project.
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City shall..fv~ r?fn?f~y to Redevelopment project areas and survey areas.
(6)
If recommendations are made by the consultant for changes in land use within
Redevelopment project areas, Agency shall immediately be notified.
Copies of all reports submitted by consultant shall be provided to the Agency.
The City eha!! prepare a city-wide computer data base, setting forth
pertinent tax and aseessment information. Aaency shall be provided with a
computer terminal and complete access to the data base at no additional cost.
The Aaency's justification for reimbursement to the City for a portion of the cost
of the General Plan Amendment is ae follows:
(1) Agency will receive design criteria for Redevelopment project areas. This
will eliminate coetly overlay zones.
(2) Reports and studies received by the consultants may be used by the Aaency for
the adoption of future new RedeVelopment project areas. (The Plan, Report
and ErR contain segments thst will be addressed in the General Plan Amendment
and will eave the Aaency costs in future projects.)
o (3) The data base system and the Aaency's access thereto will be invaluable as
research by Staff and for compiling reporte.
The original agreement was reviewed by the Redevelopment Committee on May 7 and
May 14, 1987.
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SBEOOOOl-177/2448S/nb
05/04/87
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RESOLUTION NO.
A RESOLUTION OF THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE CHAIRMAN AND SECRETARY TO EXECUTE
AN AGREEMENT BY AND BETWEEN THE CITY OF SAN
BERNARDINO AND THE REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO CONC~RNING GENERAL PLAN
AMENDMENT COSTS AND RELATED MATTERS
WHEREAS, the City of San Bernardino, California (the
-City-) desires and intends to study the need for amending and, if
necessary, to amend portions of the General Plan of the City and, if
necessary, the Zoning Ordinance of the City (collectively, the
-General Plan Project-); and
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WHEREAS, the City further desires and intends to complete
the preparation and compilation of tax and assessment information
and other information applicable to each assessor' s parcel wi thin
the City (the "Data Base Project"); and
WHEREAS, any changes in land uses and design standards
resulting from the General Plan Project will have an effect upon the
permissible uses of real property and design standards as set forth
in the adopted redevelopment plans of the Agency, and the Data Base
Project will be of significant benefit to the Agency in causing the
redevelopment of real property; and
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WHEREAS, the City and the Agency desire and intehd to enter
into a certain Agreement (the -Agreement-) by and between the City
and the Agency pursuant to which the Agency will reimburse the City
a portion of the total costs incurred by the City in undertaking and
completing the General Plan Project and the Data Base Project, and a
copy of the Agreement is attached hereo as Exhibit -A- and is
incorporated herein by reference;
WHEREAS, it is .reasonable and appropriate for the Agency to
contribute funds for the purpose of the preparation and compilation
of the General Plan Project and the Data Base Project because, among
other reasons, the Agency would otherwise spend significant funds in
order to obtain data concerning assessor's parcels and to study
,C permissible land uses and design standards wi thin areas subject to
adopted redevelopment plans.
NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO DO HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1.
The Mayor and Common Counci 1 hereby approve
the Agreement by and between the Ci ty and the Agency, a copy of
which is attached hereto as Exhibit-A" and is incorporated herein
by reference.
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Section 2.
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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:
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Counsel to the Commission
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SECRETARY'S CERTIFICATE
OF
ADOPTION AND AUTHENTICATION
I, GLENDA SAUL, Secretary of the CommunitY Development
Commission, DO HEREBY CERTIFY that the attached Resolution is a true
and correct copy of Resolution No. adopted
, 19 , by the Community Development Commission
of the City of San Bernardino, by the vote set forth below, and that
said Resolution has not been amended or xepealed.
COMMISSION MEMBERS
YEAS
ESTHER ESTRADA
[]
JACK REILLY
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GORDON QUIEL
1=1
DANIEL FRAZIER
1=1
JACK STRICKLER
1=1
DATED:
, 1987.
C [SEAL]
2448S
Check Appropriate Box
NAYS
ABSENT
ABSTAIN
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Glenda Saul, Secretary of the
Community Development Commission
of the City of San Bernardino
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SBEOOOOI-178/2449S/nb
05/04/87
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RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO, CALIFORNIA. AUTHORIZING
THE MAYOR AND THE CITY CLERK TO EXECUTE AN
AGREEMENT BY AND BETWEEN THE CITY OF SAN
BERNARDINO AND THE REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO CONCERNING GENERAL PLAN
AMENDMENT COSTS AND RELATED MATTERS
WHEREAS, the City of San Bernardino, California (the
MCityM) desires and intends to study the need for amending and, if
necessary, to amend portions of the General Plan of the City and, if
necessary, the Zoning Ordinance of the City (collectively, the
MGeneral Plan ProjectM); and
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WHEREAS, the City further desires and intends to complete
the preparation and compilation of tax and assessment information
and other information applicable to each assessor's parcel wi thin
the City (the MData Base ProjectM); and
WHEREAS, any changes in land uses and design standards
resulting from the General Plan Project will have an effect upon the
permissible uses of real property and design standards as set forth
in the adopted redevelopment plans of the Agency, and the Data Base
Project will be of significant benefit to the Agency in causing the
redevelopment of real property; and
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WHEREAS, the City and the Agency desire and intehd to enter
into a certain Agreement (the R Agreement R) by and between the Ci ty
and the Agency pursuant to which the Agency will reimfiurse the City
a portion of the total costs incurred by the City in undertaking and
completing the General Plan Project and the Data Base Project, and a
copy of the Agreement is attached hereto as Exhibit RAR and is
incorporated herein by reference; and
WHEREAS, it is reasonable and appropriate for the Agency to
contribute funds for the purpose of the preparation and compilation
of the General Plan Project and the Data Base Project because, among
other reasons, the Agency would otherwise spend significant funds in
order to obtain data concerning assessor's parcels and to study
permissible land uses and design standards wi thin areas subj ect to
adopted redevelopment plans.
NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION,
ACTING ON BEHALF OF THE REDEVELOPMENT AGENCY OF THE CITY OF
SAN BERNARDINO, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. The Community Development Commission hereby
approves the Agreement by and between the City and the Agency, a
copy of which is attached hereto as Exhibit RAR and is incorporated
herein by reference.
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Section 2.
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The Mayor and the City Clerk are hereby
authorized and directed to execute the Agreement on behalf of the
City.
Section 3.
This Resolution shall take effect upon
adoption.
I HEREBY CERTIFY that the foregoing
adopted by the Mayor and Common Council
San Bernardino at a
held on the day of
the following vote, to wit:
resolution
of the
meeting
was duly
Ci ty of
thereof,
1987, by
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AYES:
Council Members
NAYS:
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ABSENT:
City Clerk
day of
The foregoing resolution is hereby approved this
, 1987.
Mayor of the City of
San Bernardino
Approved as to form:
City Attorney
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0 STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO ) ss /
CITY OF SAN BERNARDINO )
I, SHAUNA CLARK, City Clerk in
San Bernardino, DO HEREBY CERTIFY that the
copy of San Bernardino City Resolution No.
true and correct copy of that now on file in this office.
and for the
foregoing and
is
City of
attached
a full,
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the official seal of the City of San Bernardino this day of
, 1987.
City Clerk
/2449S
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SECRETARY'S CERTIFICATE
OF
ADOPTION AND AUTHENTICATION
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I, GLENDA SAUL, Secretary of the Communit~ Development
Commission, DO HEREBY CERTIFY that the attached Resolution is a true
and correct copy of Resolution No. adopted
, 19 , by the Community Development Commission
of the City of San Bernardino, by the vote set forth below, and that
said Resolution has not been amended or repealed.
COMMISSION MEMBERS
YEAS
ESTHER ESTRADA
[]
JACK REILLY
1=1
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1=1
1=1
GORDON QUIEL
1=1
DANIEL FRAZIER
1=1
JACK STRICKLER
1=1
DATED:
, 1987.
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[SEAL]
2451S
Check Appropriate Box
NAYS
ABSENT
ABSTAIN
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Glenda Saul, Secretary of the
Community Development Commission
of the City of San Bernardino
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SBEOOOl-17l/2293S/ig
05/04/87
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AGREEMENT BY AND BETWEEN
BERNARDINO, CALIFORNIA, AND
AGENCY OF THE CITY OF SAN
PLAN AMENDMENT PROJECT)
THE CITY OF SAN
THE REDEVELOPMENT
BERNARDINO (GENERAL
THIS AGREEMENT is entered into this day of April,
1987 by and between the City of San Bernardino, California (the
"City"), a municipal corporation, and the Community Development
Commission of the City of San Bernardino acting on behalf of the
Redevelopment Agency of the City.of San Bernardino (the "Agency"), a
public body, corporate and pOlitic, of the State of California.
. RECITALS
WHEREAS, the City desires and intends to amend the land use
element and other portions of the General Plan of the City of San
Bernardino (the "General Plan") and, if necessary, the zoning
ordinances of the City (the "Zoning Ordinances") in order to provide
for sound planning, the devotion of real property to reasonable
uses, and the development of real property pursuant to high quality
and reasonable design standards,: in conformity with the public
health, safety and welfare; and
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WHEREAS, the Agency and the CIty have heretofore adopted
certain redevelopment plans (the "Redevelopment Plans") which
generally provide for certain permissible uses of real property and
design standards within redevelopment project areas subject to the
Redevelopment Plans (the "Project Areas"); and
WHEREAS, the Redevelopment Plans currently provide for uses
of real property and design standards which are compatible with
those set forth in the General Plan and the Zoning Ordinances; and
WHEREAS, any changes in permissible land uses and design
standards as set forth in the General Plan and the Zoning Ordinances
will have an effect upon the permissible uses of real property and
design standards as set forth in the Redevelopment Plans; and
WHEREAS, the City and the Agency desire and intend to
cooperate for the purpose of causing the completion of amendments to
the General Plan and the Zoning Ordinances which are consistent with
the public health, safety and welfare and are of benefit to persons
and businesses located within the Project Areas and elsewhere within
the City; "and
WHEREAS, it is reasonable and appropriate for the Agency to
contribute funds for purposes of the preparation of amendments to
the General Plan and, if necessary, the Zoning Ordinances, because,
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among other matters, the Agency would otherwise ezpend significant
funds in order to study permissible land uses and desi~ standards
within the Project Areas and within certain additional areas of the
City which may hereafter be included within amendments to the
Redevelopment Plans or newly adopted redevelopment plans; and
WHEREAS, the Agency's responsibility to 4Pay a certain
portion of total costs for the preparation of amendments to the
General Plan and, if necessary, the Zoning Ordinances and the
completion of the Data Base Project, as set forth in this Agreement,
has been determined based upon (a) actual costs heretofore incurred
by the Agency and/or the City in causing the adoption of ordinances
establishing overlay zones in certain Project Areas, as well as (b)
the anticipated costs applicable to the possible adoption of certain
new redevelopment project areas within the City pursuant to Health
and Safety Code Section 33000, et seq., and the significant costs in
establishing permissible land uses and design standards relative to
such new project areas. .
AGREEMENT
NOW, . THEREFORE, in consideration of the mutual covenants,
terms and provisions set forth hereinafter, the parties hereto agree
as follows:
Section 1. 'PREPARATION OF REQUEST FOR PROPOSALS. The
City shall cause the preparation of a Request for Proposals (the
"RFP") pursuant to which the City shall seek proposals from
qualified consultants concerning the preparation of amendments to
the land use element and other portions of the General Plan and, if
necessary, to the Zoning Ordinances. The RFP shall provide, among
other matters, that any proposal shall include, but not be limited
to, the preparation of amendments to those portions of the land use
element and other portions of the General Plan and, if necessary, to
the Zoning Ordinances, which pertain to Project Areas. T'fhe RFP
shall set forth standards and conditions pertaining to the
preparation of all amendments to the land use element and other
portions of the General Plan and, if necessary, to the Zoning
Ordinances including, but not limited to, deadlines by which written
recommendations concerning such amendments applicable to specific
geographical areas of the City must be submitted to the City for its
consideration. The RFP shall be subject to review and approval by
the Ezecutive Director of the Agency prior to its publication or
submission to consultants or other parties for response.
Section 2. APPROVAL OF PROPOSALS. FOllowing the
receipt of all proposals in response to the RFP, City Staff and the
Ezecutive Director of the Agency shall review each proposal and make
recommendations to the Mayor and Common Council of the City and to
the Agency concerning the approval of one or more proposals. A
contract providing for the preparation of amendments to the land use
element and other portions of the General Plan and, if necessary, to
the Zoning Ordinances, shall be awarded to that certain party or
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parties submitting a proposal or proposals which have been approved
by both the Mayor and Common COuncil of the City and the Agency.
Section 3. RESPONSIBLE PARTY. Notwlthstan~lng any
provlslon set forth herein to the contrary, any and all contracts
entered I nto for the purpose of amendl ng the 1 and use element and
other portions of the General Plan and, If necessary, the Zoning
Ordinances, shall be executed by the City and such other parties who
have been awarded such contracts. The Agency shall not be required
to be a party to such contracts. The City and the Agency
acknowledge and agree that any and all amendments to the land use
element and other portions of the General Plan and, If necessary, to
the Zoning Ordinances, shall be subject to approval by the City and
not by the Agency. The City shall have the responsibility to
adml nlster any and all contracts entered I nto for the purpose of
causing the preparation of such amendments.
Section 4. AGENCY CONTRIBUTION. The Agency shall
reimburse the City for It's share of the total amount of any and all
costs Incurred by the City In causing the preparation of amendments
to the land use element and other portions of the General Plan and,
If necessary, to the Zoning Ordinances and the Data Base Project as
defined In Section B; provided, however, that the total amount of
such reimbursements to be made by the Agency to the City hereunder
shall not exceed, In the aggregate, the sum of Seven Hundred
Thl rty-Four Thousand Four Hundred Dollars ($734,400). In order to
recel ve rei mbursements from the Agency hereunder, the City shall
periodically submit to the Executive Director of the Agency Invoices
or requests for reimbursement specifying the total costs for which
such reimbursement Is requested and settlng forth, among other
matters, a descrl ptlon of the goods or servl ces recel ved to whl ch
such reimbursements pertain and the dates when such goods or
services were received. Upon verification and approval of such
requests for reimbursement by the Executive Director of the Agency,
the Executive Director of the Agency shall cause payment to be made
to the City therefor. Notwithstanding any provision set forth
herein to the contrary, the Agency shall not be required to
reimburse the City hereunder In excess of the sum of One Hundred
Forty-Six Thousand Eight Hundred Eighty Dollars ($146,880) for each
successive one year periOd ~ommenclng with the date that the City
first enters into a contract with another party for the purpose of
causi ng the preparation, pursuant to thl s Agreement, of amendments
to the land use element or other portions of the General Plan and,
If necessary, the Zoning Ordinances or a contract for the Data Base
Project, and the City shall submit to the Agency any and all
requests for rei mbursement hereunder no I ater than fl ve (5) years
following such date.
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SECTION 5. PRIORITY FOR PROJECT AREAS. Upon the
request by the Agency, the City and any and all parties with whom
the City enters Into a contract for the purpose of amending the land
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use element or other portions of the General Plan and, if necessary,
the Zoning Ordinances, shall give priority to making recommendations
concerning such amendments applicable to anyone or more of the
Project Areas designated in any such request by the Agency. For
this purpose, the City Staff and the Agency Staff shall cooperate in
order to determine which Redevelopment Plans, if any, would require
an amendment as a result of the amendment of the land-use element or
other portions of the General Plan and, if necessary, the Zoning
Ordinances, applicable to such Project Areas. As part of such
review, the City Staff and the Agency Staff, together with the
consultant selected pursuant to the RFP, shall study and determine
whether there may be any fiscal impacts to any taxing entities
caused by any proposed amendment to the land use element or other
portions of the General Plan and, if. necessary, the Zoning
Ordinances applicable to a Project Area, as well as any impact upon
the ability of the Agency to meet any and all of its obligations
pursuant to existing financings or other agreements to which it is a
party as a result of any such amendment.
Section 6. CITIZEN PARTICIPATION. The City and the
Agency understand and agree that certain residents or
representatives of ,community' organizations or businesses have been
called upon or may' hereafter be requested to form a project area
committee, pursuant to Health and Safety Code Section 33385,
et seq., or such other committees as may be established by the
Agency and/or the Mayor and CommQn Council of the City, and that
such project area committee or other committees may have
jurisdiction or responsibilities to review and make recommendations
concerning possible amendments to the land use element and other
portions of the General Plan' and, if necessary, the Zoning
Ordinances. In the event that the Mayor and Common Counci I of the
City establish one or more committees to advise any consultant or
the Mayor and Common Council concerning a proposed amendment to the
land use element or other portions of the General Plan and, if
necessary, the Zoning Ordinances, a member of the Agency Staff shall
be appointed to each such committee. Following the receipt by the
City of any proposed amendment to the land use element or other
portions of the General Plan and, if necessary, the Zoning
Ordinances, the Mayor and Common Council, or their designee, shall,
for purposes of a report and recommendation, promptly refer the
proposed amendment to such project area committee or other committee
having jurisdiction or responsibilities to review such amendment and
make recommendations concerning any geographical area subject to the
proposed amendment. The Mayor and Common Council, or their
designee, shall specify the time within which a report or
recommendation must be submitted by such project area committee or
other committee to the Mayor and Common Council concerning the
proposed amendment. Prior to approving any such proposed amendment,
the Mayor and Common Council shall consider any and all
recommendations concerning the proposed amendment as may be
submitted by such project area committee or other committee.
AGENCY.
Section 7. SUBMISSION OF STUDIES AND REPORTS TO
The City shall promptly submit to the Executive Director of
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the Agency a copy of any and all written reports, studies, surveys,
analyses, memoranda, recommendations and other documents submitted
to the City by any party with whom the City enters into a contract
for the purpose of causing the preparation of amendments to the land"
use element and other portions of the General Plan and, if
necessary, to the Zoning Ordinances. Any and all oJ the foregoing
materials may thereafter be used by the Agency for any purposes
consistent with the Community Redevelopment Law, Health and Safety
Code Sections 33000, et ~.
Section 8. PREPARATION OF ASSESSOR'S PARCEL DATA BASE.
As part of the consideration for the contribution of funds by the
Agency to the City hereunder, the City shall prepare a City-wide
computer data base setting forth pertinent tax and assessment
information and other information applicable to each assessor's
parcel within the City (the "Data Base Project"). The City shall
commence the Data Base Project within ninety (90) calendar days
fOllowing the date of the execution of this Agreement. The City
shall thereafter proceed diligently and continuously toward the
completion of the Data Base Project. The City shall include as part
of the Data Base Project any and all information reasonably
requested by the Executive Director of the Agency, and the City
Staff sha 11 coordinate with the Agency Staff in order to determine
the information which will be included within the Data Base
Project. Following the completion of all or any portion of the Data
Base Project, the City solely shall have the responsibility to
maintain and update from time to time any and all information
obtained as part of the Data Base Project. The City shall at all
times provide to the Agency Staff computer terminal access to all
information which is made part of the Data Base Project without any
cost or other user charges to the Agency, and the City shall further
provide to the Agency Staff all necessary equipment without any
charge to the Agency in order to permit the Agency Staff to obtain
in written form information and data made part of the Data Base
Project.
Section 9. APPROVAL OF AMENDMENTS TO GENERAL PLAN.
Prior to approving a proposed amendment to the land use element of
the General Plan which affects a Project Area, the Mayor and Common
Council shall refer such proposed amendment to the Executive
Director of the Agency for submission of a written recommendation
thereon to the Mayor and Common Council. Notwithstanding any
provision to the contrary, the Mayor and Common Council solely shall
have the right and responsibility to approve any and all amendments
to the land use element of the General Plan.
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IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the day and year first written above. -'
COMMUNITY DEVELOPMENT COMMISSION
OF SAN BERNARDINO -
By:
Chairman
(SEAL)
ATTEST:
By:
Secretary
CITY OF SAN BERNARDINO, CALIFORNIA
By:
Mayor
(SEAL)
Attest:
By:
City Clerk
/2293S