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HomeMy WebLinkAboutR07-Redevelopment Agency REaVELOPMENT AGENCY.AuEST FOR ~MMISSION/COUNCIL AIION From: ttt: Glenda Saul, Executive Director Subject: CENTRAL CITY SOUTH STUDY AREA Redevelopment Agency Date: February 24, 1986 Synopsis of Previous Commission/Council action: 12/16/85 Approval of a l20-day Excluaive Right to Negotiate with Central City Business Park for acquisition and development of Agency-owned land at Rialto and "G" Street. 12/16/85 Designation of a Committee to study that area between Rialto Avenue and Mill Street and "E" Street and Interstate 215. Recommended motion: (COMMUNITY DEVELOPMENT COMMISSION) a) Motion approving traffic circulation pattern proposed and recommended by the Central City South Study team, including the realignment of "G" Street, north of Mill Street and the extension of "F" Street from Rialto Avenue to Mill Street; and further directing the study team and URS Consultants to pursue recommendations for s specific plan for that area from Second Street to Inland Center Drive and "E" Street to 1-215. . b) MOVE TO ADOPT RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF ~\N BE~.NA'U)INO AUTHORIZING ANn -UB.ECTING ".EDE'JELOP.MENT .AGENCY STAFF TO SEEK TO ACQUIRE BY NEGOTIATED PURCHASE THAT ilEAL P".OPE".TY REquIRED FOP REALIGNMENT OF "F" STREET AND "G" STREET IN CENTRAL CITY SOUTH PROJECT AREA, AND AUTHORIZING APPRAISAL AND PURCHASE THEROF. continued on next page...... ~~ Signature Contact person: Glenda Saul Phone: 383-5081 1 Supporting data attached: YES FUNDING REOUIREMENTS: Amount: $ Unknown Ward: P . t Central City South rOJec : Date: March 3, 1986 No edverse Impact on City: WCil Notes: 468G/SL 3/03/86 Agenda Item No. 7 . . . ----- . . . . From: Glenda Saul, Executive Director Subject: CENTRAL CITY SOUTH STUDY AREA Continued from Page 1 Recommended Motion: COMMUNITY DEVELOPMENT COMMISSION c) MOVE TO ADOPT RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING REDEVELOPMENT AGENCY STAFF TO INITIATE MEASURES TO ACQUIRE, BY NEGOTIATION OR OTHERWISE, THAT PARCEL OF LAND SITUATED AT THE SOUTHWEST CORNER OF "E" STREET AND RlALTO AVENUE IN CENTRAL CITY SOUTH PROJECT AREA. MAYOR AND COMMON COUNCIL d) Motion of the Mayor and Common Council authorizing and directing the initiation of an Assessment District to accomplish the overall street pattern proposed by URS Consultants and the Study Team for that area between Second and Inland Center Drive and "E" Street to 1-215. e) Motion of the Mayor and Common Council authorizing and directing the initiation of an Underground Utility District for that area located between Second and Inland Center Drive and "E" Street to 1-215. f) FIRST READING ORDINANCE OF THE CITY OF SAN BERNARDINO IMPOSING 120-DAY MORATORIUM ON ISSUANCE OF BULDING PERMITS AND PLANNING APPROVALS WITHIN THE AREA BOUNDED BY "E" STREET, RIALTO AVENUE, 1-215 FREEWAY AND MILL STREET, AND PROVIDING FOR EXEMPTIONS UPON APPROVAL OF THE MAYOR AND COMMON COUNCIL, AND DECLARING THE URGENCY THEREOF. 468G/SL 3/03/86 . Cl'~ OF SAN BERNARDI~ - REQU" FOR COUNCIL AC~N . STAFF REPORT On December 16, study that area 1-215. 1985, the Commission directed the formation of a committee to in Central City South from Rialto Avenue to Mill and "E" Street to The prompting for this study was occasioned by the request of Central City Business Park for an Exclusive Right to Negotiate for the acquisition'and development of Agency-owned property at Rialto and "G" Street and that ~roperty owned by the railroad located easterly of the Agency property to "E" Street. Attached for your review is a summary of actions to date by the Study Team. The study team is seeking Commission approval of Phase I of the study - i.e. the traffic circulation plan and authorization to acquire land necessary for the "G" Street realignment and the extension of "F" Street. You will notice from the attached proposed circulation map that the "G" Street realignment will affect two properties north of Mill Street. Simi Partnership is currently grading for their proposed development of 18 commercial structures. The realignment will require that four of the 18 buildings be eliminated. Simi would like to place these buildings elsewhere if possible. You will further notice that the proposed alignment south of Simi's development runs through a parcel of land currently owned by CEDRA Properties and leased 'by HAJOCA Corp. HAJOCA is a plumbing supply distributor. . Staff is proposing that once the site is acquired from CEDRA and the tenant relocated, the right of way could be retained for the proposed alignment, and the balance of the property could be exchanged for the Simi land needed for the realignment. In this manner, Simi would be able to reconfigure their site and not lose rour of their eighteen buildings, Simi is agreeable to this suggestion as long as they are financially made whole. On February 20, 1986, the Redevelopment Committee reviewed the proposed traffic circulation pattern. The following actions were recommended: a) Approval of traffic circulation pattern proposed (Phase I of the Study). Further, that URS and the study team recommend a specific plan for the area from Second Street to Inland Center Drive and "E" Street to the Freeway. b) That the Agency be authorized to acquire the property needed for the realignment of "G" Street and the extension of "F" Street. Acquisition costs are not yet known. Appraisals will need to be obtained. Staff will keep Commission informed of acquisition costs. c) That the Agency be authorized to acquire the property at the Southwest corner of Rialto Avenue and "G" Street from Southern Pacific Transportation Company for sale to Central City Business Park. . 468G/SL 3/03/86 75-0264 . CI'" OF SAN BERNARDI. - REQU.... FOR COUNCIL AC~N STAFF REPORT . As you will recall, on December 16, 1985, the Commission approved an Exclusive Right to Negotiate with Central City Business Park for Agency-owned land at Ria1to and "G" Street. The property immediately to the east of this parcel is under the control of Southern Pacific Transportation Company. Central City Business Park would like to develop the entire area from "G" to "E" Streets. The acquisition of the railroad parcel will allow the Agency to sell the site to the developer for inclusion in the same Disposition and Development Agreement. The acquisition will probably need to be accomplished through eminent domain. the railway company has stated that they cannot discuss selling the property until Southern Pacific and the AT & SF have completed their merger. d) That the City authorize and direct the initiation of an Assessment District to accomplish the overall traffic circulation pattern proposed by URS and recommended by the Study Team. Staff would work with Public Works towards the establishment of this District. e). That the City authorize and direct the initiation of an Underground Utility District within the study area. . f) That the City adopt an ordinance that will place a 120 day moratorium on development within the study area. This moratorium will give the study team time to prepare a specific plan for the area. The specific plan must be approved by the Mayor and Council. The ordinance proposed will require specific approval of all building plans and permits by the Mayor and Council during the 120 day period. The purpose of the moratorium is to safeguard against any uses within this area which would be in conflict with the eventual specific plan. URS Consultants will be available on March 3, 1986, to review the proposed plan to the Commission. Staff recommends approval of the motions set forth above. . 468G/SL 3/03/86 75--0264 . . . . . . . CENTRAL CITY STUDY AREA On December 16, 1985, the Commission directed the formation of a committee to study that area in Central City South from Ria1to Avenue to Mill and -E- Street to Interstate 215. The prompting for this study was occasioned by the request of Central City Business Park for an Exclusive Right to Negotiate for the acquisition and development of Agency-owned property at Rialto and -Gn Streets. the Exclusive Right has been granted. The Study Team ia as follows: Councilwoman Estrada Consultants URS, Cheryl Flowers & Steve Lllburn BSI - Traffic Consultant, Jim Kawamura Redevelopment Committee Councilman Reilly Councilman Strickler Mayor's Office Richard Bennecke Mayor's Appointees Joe Bonadiman Sam Catalano Gary James City Departments Glenda Saul, Redevelopment Agency Sandra Lowder, Redevelopment Agency Moe Estevene, Redevelopment Agency Frank Schuma, Planning Department Peter Liu, Traffic Engineer Previous Meetings 1-16-86 Team members discussed various issues to be studied by the consultants. Prime areas of concern included traffic patterns, circulation and land usage. Consultants true scope of services was defined and is attached as Exhibit -A-. Consultants instructed to prepare traffic alternatives for review at next meeting. 1-30-86 Traffic Consultant - BSI was introduced. Two traffic alternatives were discussed: a. Connect Rialto Avenue & Mill Street by both -G- and -F- Streets. The interior streets to be laid out in a -grid- fashion. This plan calls for an extended 2nd Street offramp. . . . . 1 2-6-86 2-13-86 . . . b. Close 2nd Street offramp and construct a new on/off ramp midway between the two malls, which would direct traffic directly on the center of the study area. The Committee offered suggested changes: a) They did not want the 2nd Street offramp closed. b) Extend the Hill Street offramp into the study area block itself. c) Study the proposed -G-/-F- intersection. Bob Curci, Joe Bonadiman and our consultant, URS, will meet with Sim! Partnership to determine if their plans for development between Hill and Velarde can be altered to provide for the suggested -G-I-F- intersection. Traffic consultants, BSI, recapped previous discussions on traffic patterns. New traffic pattern was reviewed showing -F- & -G- Streets interconnecting in the vicinity of Velarde Street, retaining the 2nd Street offramp and extending the Hill Street northbound offramp into the study area. Representatives from Simi Partnership stated that they would not be opposed to modification of their existing plan, if in fact, they were made whole by the transaction. Assistance in the acquisition of the parcel of property on Hill street directly west of their development was discussed. - Funding was discussed in the form of an Assessment District with those properties within the Study Area participating as well as the Central City and Inland Center Kalls. The consultants were asked to meet with Sim! Partnership to overlay the suggested -F-/-G- interconnector onto their development plan. Staff instructed to research the easement with Roger Harmon relating to access into the study area through his parcel from "E" Street.. Bob Curci stated that he would contact Inland Center and invite them to the next meeting. Staff would invite Caltrans and prepare a summary of the previous meetings. URS to look at land usages and streetscape suggestions. The next meeting was scheduled for Thursday, February 13, 1986, at 9:00 a.m., Redevelopment Agency Conference Room. Representatives from Inland Center Mall, Central City Mall, Caltrans, Sanbag and S1mi Partnership were present. - 2 - . . . . - . . . Traffic pattern reviewed - intersection of "G"/"F" at the northend of Simi Development. Simi stated that they would not be opposed to revising their plans, to eliminate approximately four buildings at the westend of their development, if they were able to obtain enough land adjacent to their development to duplicate these buildings. The land to the weat of their development was suggeated. Site is houaed by Hajoca Plumbing Supplier. Staff was instructed to (a) meet with Simi to determine estimated costs to developer for revisions to his plans; (b) meet with tenant and owner of property located at 696 Mill Street to determine estimated acquisition and relocation costs; (c) submit to Redevelopment Committee on February 20, 1986, traffic pattern proposed by the Study Team and recommendation of study team to acquire 696 Mill Street to sell or exchange Simi's for that land required for the street pattern proposed; (d) order an appraisal of property located at 696 Mill Street (estimate 30 days). Land alternatives were discussed - including an international market theme in the interim of the block. 444G -3- 1-- . . . . ) . \ . . Scope of Services to be Provided by URS for the Central City South Redevelopment Project Area To accomplish tasks that will be used in the eventual development of a specific plan for the designated area, URS will study and report on alternative land uses, street routings or reroutings, traffic patterns, and the proposal of Central City Development Company. . To facilitate the timely completion of this study, and develop the most feasible alternatives within the not-to-exceed budget of $10,000, URS will develop a major portion of the study elements through regular meetings with the Central City South Study Area Committee. This committee will provide regular input to the study, assist in the development of alternatives, and in the final selection of traffic circulation and land use alternatives. URS will prepare a report on the evaluation of these alternatives and recommend conceptual design and costs for future development of a specific plan for the designated area. URS will perform these services from its San Bernardino office. The Project Director will be Stephen T. lilburn and the Project Manager will be Cheryl A. Flowers. URS will subcontract with BSI Consultants for preparation of the traffic and circulation tasks. The following study elements will be carried out to provide a comprehensive study as the final product: I. Characterize Existing Traffic Conditions A. Roadway Infrastructure 1. Freeway Interchange Capacity a. Mill Street/I-215 b. Second Street/I-215 2. Arterial Cross Section and CapaCity a. Mill Street b. Rialto Avenue c. Second Street d. G Street e. F Street f. E Street g. Inland Center Drive B. Average Daily Traffic and levels of Service 1. Gather ADT Data From Existing Sources 2. Input ADTs to Volume to Capacity Ratio Analysis and Assigned Average Daily level Service L- '/ A-<-lLt-? A 1/. . . . ) . . . \ II. Characterize Existing land Use A. Indicate Existing land Uses by Type and/or Business Name on Most Current Aerial Photograph Available . B. Indicate Recent land Use Changes and Tentative Plans on file with the City C. Overlay Proposed Central City Development Company Proposal D. Assess Availability of Vacant land and Unoccupied Structures III. Recommend Conceptual Alternative Improvements A. Scheduled Meeting with Committee to Discuss Alternative Traffic and land Use Improvements IV. Develop Alternative Inf~astructure Improvements A. Illustrate Conceptual Improvements 1. New 1-215 Interchange 2. Modification to Existing Interchanges 3. Modification to Existing Arterials V. Develop Alternative land Use Improvements A. Assess Recent Development Trends and Project Demands Based on Past Trends and Surrouding Development 'B. Develop Best land Use Alternatives for each Alternative Circulation Plan VI. Select Final Alternatives and Prepare Detailed Evaluation A. Scheduled Meeting with Committee to Select at least Two Final Alternatives 1. Discuss Opportunities and Constraints 2. Obtain Concensus on Preferred Alternatives B. Estimate Roadway Infrastructure Sizing Requirements to Provide Acceptable levels of Service for Selected land Uses C. Develop Generalized Cost Estimates VII. Final Report A. Document Study Process, Findings, and Conclusions B. Recommend Alternative(s) for Highest and Best Use C. Present Recommendation on Central City Development Company Proposal D. Present Recommendation for Development and Adoption of Specific Plan . . 4 .u:nl.15 gN~ z . . N '" a: ::I co i:: ~ .,~ .j c ... a: '" c C(I/) !! - . "'::I N ... .. a: .. a: C(Q ;; ... '" .. Z .. .. ... a: ~C( C 0 <.> C Q..J .. .. ,. .. '" C C . ::I a: II: ... a: l;;Cll '" 0 .. 0 .. .. . ~ .. c .. "'z 0 c ... II: I-~ .. .. 0 0 . ::II- a: C ;: oC( .. .. c I/)..J ... ... II: C a: ::I .. ... ~u c . .. I-a: c .. ! -- .. ! . Uu .. .. .. a: .. .. ..JQ ... ... .. ... C('" II: .. ... .. a: I/) ;;; .. .. a: 1-0 " 0 0 c Z.. II .. '" .. "'0 IF:llIEGlD Ua: .. .. .. .. ... .. 0 a: " .. ... > .. 0 II: .. ... ... .. a: .. ... 0 II .. ... 0 > .. ... % 0 0 .. .... .. ..J 0 E-< .. ..J ... .... c C > '" a: :Ii .. 0 .... " a: " .. c .. 0' .. a: " .. u ... '" a: c < <.> .. ... .. .. c Z " " " ... z ... ... ... .. u ... .. .. .. co " " " .. . .. ... .. .. .. " Z ..J " 0 0 c . a: a: a: 0 en! c .. .. .. a: ..J 0:: ~ IE CiHJ .... , :::)i .. . -. . 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 29 . . . RESOLUTION NO. RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING REDEVELOPMENT AGENCY STAFF TO SEEK TO ACQUIRE BY NEGOTIATED PURCHASE THAT REAL PROPERTY REQUIRED FOR REALIGNMENT OF .F. STREET AND .G. STREET IN CENTRAL CITY SOUTH PROJECT AREA, AND AUTHORIZING APPRAISAL AND PURCHASE THEREOF., . ",.. . . BE IT RESOLVED BY THE COMMUNITY DEVELOPMENT CO~ISSION OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Executive Director of the Redevelopment Agency of the City of San Bernardino and the staff of the Redevelopment Agency are hereby authorized and directed to seek to acquire, by negotiated purchase, to the extent that such is reasonably possible, all of that real property required for realignment of .F. Street and .G. Street in the Central City South Project Area, according to the plan proposed by URS, Inc., consultants to the City of San Bernardino and to the Redevelopment Agency. SECTION 2. The Executive Director is hereby authorized to order an appraisal of all such parcels of property needed for or useful to such realignment, to obtain such title policies or commitments for title insurance as may be required, to make offers for such property, and to otherwise complete such purchase, if such can be done without exercise of the power of eminent domain. SECTION 3. The Executive Director and the Agency staff are authorized to carry out these purposes in any such manner that may be consistent with state law and Agency policy, and, in the , . event that negotiated purchase is impossible or impractical as to one or more parcels needed or useful to such realignment, the Executive Director shall report back to the Commission as to such fact, and recommend whether eminent ..ma'. ....,. bi<~ I . . 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 . . . SECTION 4. The Executive Director is further authorized to take such additional measures as may be appropriate to complete the purchase of such property, and is authorized to. accept any ....:-,.. conveyance of such property by grant deed or'otherwise. Dated I Approved as to forml AGENCY COUNSEL BY~~~ Allen R. Briggs The foregoing resolution was duly adopted by the following vote, to witl AYES I Members NAYS I ABSENT or ABSTAINI 2 . . 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 Zl 28 . . 29 . . . RESOLUTION NO. RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING REDEVELOPMENT AGENCY STAFF TO INITIATE MEASURES TO ACQUIRE, BY NEGOTIATION OR OTHERWISE, THAT PARCEL OF LAND SITUATED AT THE SOUTHWEST CORNER OF -E- STREET AND RIALTO AVENUE IN THE CENTRAL CITY SOUTH PROJECT un. ~ ., BE IT RESOLVED BY THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Executive Director of the Redevelopment Agency of the City of San Bernardino is hereby authorized and directed to initiate measures to acquire, by negotiation or otherwise, those parcels of land situated at the southwest corner of -E- Street and Rialto Avenue in the Central City South Project Area, bounded by -E- Street on the east, Rialto Avenue on the north, the Atchison, Topeka and Santa Fe Railroad right-of-way on the south, and the property owned by the Redevelopment Agency of the City of San Bernardino on the west. SECTION 2. The Executive Director and the Redevelopment Agency staff are authorized to have the property appraised, obtain any necessary title reports and title commitments, and to negotiate in good faith for the acquisition of such property. In the event that acquisition by negotiation appears to be impossible or impractical, the Executive Director shall report that fact to the Community Development Commission as soon as practical, and shall recommend at that time whether exercise of the power of eminent domain should be considered. SECTION 3. The Executive Director is further authorized to take any and all additional actions which may be necessary or appropriate to acquire such property through negotiation, and is authorized to accept any grant deed or other conveyance of such property to the Commission. Dated: ? . . 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 . 'J:/ 28 . . . Approved as to form: AGENCY COUNSEL By ~~1:7r ,.j " . ~- - The foregoing resolution was duly adopted by the following vote, to wit: AYES: Members NAYS: ABSENT or ABSTAIN: 2 . . . . . 1 2 3 4 5 ORDINANCE NO. ORDINANCE OF THE CITY OF SAN BERNARDINO IMPOSING A l20-DAY MORATORIUM ON THE ISSUANCE OF BUILDING PERMITS AND PLANNING APPROVALS WITHIN THE AREA BOUNDED BY -E- STREET, RIALTO AVENUE, I-2l5 FREEWAY AND MILL STREET, AND PROVIDINGPOR EXEMPTIONS UPON APPROVAL OP THE MAYOR AND COMMON COUNCIL, AND DECLARING THE URGENCY THEREOP. THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO 6 DO ORDAIN AS POLLOWS: 7 8 SECTION 1. Findings. The following findings are made: (a) The Mayor and Common Council have directed that a study 9 be made of the proposed development of the area bounded on the 10 east by -E- Street, on the north by Rialto Avenue, on the west by 11 the 1-215 Freeway, and on the south by Mill Street, and have 12 contracted with URS, Inc., to study the area, and make . 13 14 15 recommendations as to its development in the best long-range interest of the City of San Bernardino. (b) URB, Inc., has made a preliminary report to the Mayor 16 and Common Council recommending the realignment of -P- Street and 17 -G- Street through the study area, and the Mayor and Common 18 Council have approved such realignment in principle. 19 (c) The preliminary report of URS, Inc., to the City of San 20 Bernardino indicates that many of the uses now permitted within 21 that area are inconsistent with the long-term growth and 22 development of the City of San Bernardino, and particularly of 23 the study area, and constitute blighting influences. The Mayor 24 and Common Council find that to permit such conditions to . 25 26 Zl 28 continue during the study period would detract from the ".' . feasibility of the study, and render some of the more important development recommendations impossible or extremely difficult to achieve. ?0F .. ,~ 1 ~- . . 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 . i. . . . (d) The Mayor and Common Council of the City of San Bernardino have directed that the study of the study area proceed with all due diligence, and that the staff of the City commence activities toward establishment of an assessment district to provide the public improvements required. ' (e) The Community Development Committee of the City of San Bernardino has taken action to acquire property needed to implement the full development of the study area in a manner designed to obtain for the City the maximum advantage of development. (f) Construction, development or occupancy may occur in the study area which is inconsistent with the long-range development of the property in the best interest of the City of San Bernardino. Such construction, development or occupancy may conflict with implementing measures to be adopted by the Mayor and Common Council. (g) In order to preserve the status quo pending the consideration of appropriate measures, and to protect the public safety, health and welfare, it is considered necessary to adopt an urgency measure to prevent the development of property for a reasonable time in the study area as an interim measure, except when such interim development is clearly consistent with the plans being developed. SECTION 2. Study Area Defined. The study area consists of that area bounded on the east by -8- Street, on the north by Rialto Avenue, on the west by the 1-215 Freeway, and on the south r., by Mill Street, in the City of San Bernardino, which area is also included in the Central City South Redevelopment Project Area. 2 . . . . . 1 2 SECTION 3. Building and DevelQpmen~ Mora~orium. So long as this ordinance is in effect, including any period of extension, 3 no application for a building permit, grading, subdivision map, ~, 4 parcel map, certificate of occupancy or other authorization for '.:',. .._~,' , 5 construction upon or development, subdivision or occupancy of any 6 property located within the study area shall be approved, and no 7 such permit or authorization shall be issued except upon the 8 specific approval of the Mayor and Common Council of the City of 9 San Bernardino granted under the provisions of Section 4 hereof. 10 SECTION 4. Development Upon Approval by Mayor and Common 11 Council. Upon request for a building permit, grading permit, 12 subdivision map, parcel map, certificate of occupancy or other . 13 14 authorization for construction upon or development, subdivision or occupancy of any property located within the study area, being 15 submitted to the Mayor and Common Council during the term of this 16 ordinance, and upon a finding by the Mayor and Common Council 17 that any such building permit, grading permit, subdivision map, 18 parcel map, certificate of occupancy or other authorization for 19 construction upon or development, subdivision or occupancy of any 20 property located within the study area would be entirely 21 consistent with the development plan being studied for eventual 22 adoption, and would be consistent with and not in derogation of 23 the optimal development of the study area on a long-term basis, 24 the Mayor and Common Council may grant an ex~eption to the 25 building and development moratorium establis~ed in Section 3 of 26 this ordinance, upon such terms and conditions as the Mayor and . '-.' ~.; 2:1 28 Common Council may establish. 3 . . . . 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 . Zl 28 - . . . SECTION 5. E~piration of Ordinance. This ordinance shall e~pire and be of no further effect on the l2lst day after the date of its adoption unless it is continued in.effect by . , . appropriate action of the Mayor and Common Council'" SECTION 6. Home Rule Powers. This ordinance is adopted pursuant to the home rule charter powers of the City of San Bernardino, granted by the Constitution of the State of California. It is adopted pursuant to the limitations set forth in Sections 31 and 121 of the Charter of the City of San Bernardino. SECTION 7. Urgency. This ordinance is an urgency measure for the immediate preservation of the public peace, health or safety. Provided that it is adopted by a 5/7ths vote of the Council, this ordinance shall go into effect immediately upon its adoption and approval. The facts constituting the urgency are set forth in Section 1. I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and Common Council of the City of San Bernardino at a day of meeting thereof, held on the , 1986, by the following vote, to wit: AYES: Council Members NAYS: " .- ABSENT: :-. City Clerk 4 - . . . . 1 The foregoing ordinance is hereby approved this day . 2 of , 1986. 3 Mayor of the City of San Bernardino 4 . '.-'..-' 5 .... Approved as to form: 6 cfZ,~#I1,~ 7 8 City Attorney 9 10 11 12 13 . 14 15 16 17 18 19 20 21 22 23 24 2S , .. ; 26 . 'J:l 28 5