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HomeMy WebLinkAboutORD NO 2539CI'I't CO.UNi'I!.OF '1111;£TI'¥ OF BAi,~ER.'SiF!ELD OI~.I)INANCE NO. 2539 N.S.' AN ORi~INA[;'.;i. ()}: 'lite Cil~ COUNCIL O}: 'i'[lk; CiTY OF BAKi~RSPiFbI~ :\P}'IlO~,lS:G ;\~41~ AI~OPTiNG TIlE 'F!IiI(D ASqENDSiEN'I TO TIlE AMI,NI>J]D RI.'~D~?F[lhOt'3, IKt,'T PI,AN FOR TIlE DO;VN'i~JWN BA K ERSF!I.21,l :, F'~ f:i )};V ?: [ ()IC.I ENT l'}{OJ ECT. WI1EtlEAS, the ;~fi<.ersliclci }~edeveh>pmeat A['cp. ey ,q~crcin*,fter referred to as the "Agenes'") forrnulatc. d trod prcpzu't~d the Thi,d Amendment to the Amended ii. edevel,~pmc~t Plan fo~ the Downtown ]k~kersfictd Redevelopre(at Project (the "Project") v, hieh inchmos the additioa of land to the Project; and %'ilERE,\S, the ,\gency submitted to the City Council of the ([;it5, of B,~;kc:rsfield asia Third A~hc~'.dment to ti~e Amended I[cd.~vclo[m:ent Plan, accomp~mi,:d by the lieport of tbc Agenob' ,:.t~ :mi5 Amendaltar; and WIIEREAS, a l)raft Subsequent lqnvirenmcnta] lmpaet F. eport on the Project h:ts been _,grepared by the Agency staff pertaininit to the proposed addition o£ land to the Project a:,;a and the 'lhird Amendmeht therefor to the Amended t~.edevelopment Plan; a,nd WtlEREAS, said i)ra£t Subset'?on! i:'nvi[onmentM l.mpaet lieport has been duly revie'veA, and any eomm,~;tts which may havc been reeeived thereon have been duly evalu-ttcd and responded to, all in acco:dance with and within the time and in the manner set forth in the procedures ~doptcd therefor by the Agehey; and I'~'IIEREAS~ said doetremont ([o?cthe~' v:ith said comments and responses) has been d~ly dcsisnated as and declared [o be the }"inal Subsequent Environmental lm~imt Report pertainin~ to the prcposed addition o£ land to the Project l~.rea and the proposed 'lhird Amendment to the Amended l~,cdeve[opment Plan; and WHEllgAS, the Aojenc? certified to thc [,reparation and completion cf said Final Subsequcht !;nvh'onmcat.'-d IreDnet Report as being in conformity with the Califcrnia Environmcnta! (.~uality Act of Ii~70, the Regulations thereto, and the procedures adopted therefor by the Agency; and WHEREAS, after' due notlee, a joint public hearin.p; was held by the Agency and the City Courted to consider said proposed Third Amendment to the Amended l~.edevelopment Plan; WHEREAS, t~t s',,id joint public hearin[,~, this City Council heard and passed upon all oral and writtea objections by overruling such objections; and I;'III[P, EAS, tl:e Al.~cney recommended ~pproval nnd adoption o£ said Third Amendment to the Amended i'.edevelopment Plan; and 9][tEI~.EAS, all ,etlon required by law has been taken by all appropriate public agencies. NO;'.. 'I,iI:R£FORF, ]IE If' I)i{!),\lXEi~ by the Counml of the Ci(y Of Ba~.ersfield as follows: SECTION 1. The purpose and intent of the City Council with respect to the areas added to the Project are to: (1) Eliminate (he eond(tons of blight existing in the areas added to tile Project; (2) Insure, as far as possible, thM the causes of blighting conditions will be either eliminated ot protected against; (3) Provide participation for owners and tenants and a reasonable preference for persons engaged in business ia tile m'eas added to the Project; (4) Encourage the redevelopment and rebuilding of tile areas added to the Project; (s) Encourage and foster the economic revitalization of the areas added to the Project; (6) Relocate the owners and oeenpants of the areas added to the Project; (7) Redevelop and rebuild the public facilities in the areas ~dded to the Project to provide safer and more efficient service fcr the people in the areas and the general public as a whole. (8) Assemble adequate sites for tile development and construction of a regional retail shopping center and a hotel convention center complex. SECTION 2. The Third Amendment to the Amended Rerlevelopment Plan for the [)owntown Bakersfield Redevelopment Project (copies of which Amendment are on file ia the Office of the City Clerk) are hereby incorporated herein by reference and made a part hereof as if fully set out at length herein. SECTION 3. The City Council hereby certifies that it has reviewed and considered the information contained in the Final Subsequent Environmental Impact P, eport pertaining to the proposed Third Amendment to tile Amended Redevelopment Plan, concurrent with its action on said Third Amendment as provided in this Ordinance; hereby finds that redevelopment activities to be conducted within the area proposed to be added to the Project pursuant to said l'bird Amendment will not have a significant effect nor a substantial ndve~'se impact on the environment; and hereby approves and adopts said Final Subsequent Environmental Impact Report as the report of the City Council. SECTION 4. The Third Amep. dment to the Amended Redevelopment Plan is hereby approved and adopted, and the Amended Redevelopment Plan (as hereby amended by the inclusion of .xaid Amendment) is hereby designated the official redevelopment plan for the Downtown Bakersfield Redevelopment ProjeeL SECTION 5. The City Council hereby finds and determines that: (1) Upon tile record of the joint public hearing on the Third Amendment to the Amended Redevelopment Plan, the Report of the Agency thereon (copies of which are on file in office of the City Clerk and which Report is hereby incorporated herein by reference and made a part hereof as if fully set out (2) (3) (4) (6) ut length here[n) and suppe~tin~ data thereto, the Final Subsequent Environmental hapact Repeal ~md the testimony received nt the ~oint public hearing. tim n:eus sddcd to th,~ l'toiect are blighted, the redevclopm,'nt of which is necessary to effecthate the pu'alie purposes declared in tile Community liedevelopment Law of the State of California; to wit: (n) 'File tH'ca contains blight, as the same is defined in the Calfornia Community l/cdevelepment Law, which eoustitutes social and economic li:lbilities reqairing redevelopment in tile interest of the health. safety, and general welfare of the people of the City of Bakersfield. (b) Many buildings and structures in tile areas used for living, commercial and iudustrial purposes are vacant, aged, obsolescent, dilapidated and of shifting uses. (c) Lot sizes in the areas are rather small and land parcels are owned in fee by many different persons and/or corporatious, therefore making if difficult to assemble land for proper development. (d) The areas are characterized by economic dislocation, deterioration, and disuse resulting in depreciated land values, impaired investments, and social and economic maladjustment, all contributing to the reduced capacity to pay taxes, (e) The growing or total lack of proper utilization of the areas has resulted in a stagnant and unproductive condition of land potentially useful and valuable for contributing to the public health, safety, and welfare. The Amended liedevelopment Plan (as hereby ameudedby the inclusion of said Third Amendment) will redevelop the area added to the Project in conformity with the Community Redevelopment Law of the State of California and in the interests of the public peace, health and safety and welfare; The adoption and carrying out of the Amended Redevelopment Plan (as hereby amended by the inclusion of said Third Amendment) is economically sound and feasible; The Amended Redevelopment Plan (as hereby amended by the inclusion of said Third Amendment) eauforms to the General Plan of the City of Bakersfield. The carrying out of the Amended Redevelopment Plan (as hereby amended by the inclusion of said Third Amendment) will promote the public peace, health, safety and welfare of the City of Bakersfield and will effectuate the purposes and policies of the Community Redevelopment Law of the State of California. The condemnation of real property, as provided for in the Amended Redevelopment Plan (as hereby amended by the inclusion of said Third Amendment) for the srea added to the Project, is necessary to the adequate pi'oviro-~? have been made for payment for property to be acquired n:- plovidec'. by law; (7) There are families and persons to be displaced from horsing facilities in the areas added to the ProjoeL, m~d when any such families and persons are displaced by redc, velopmcnt aelivities: (a) The Ag{mey has fensrifle method and plan for the reidcation of families and persons to be temporarily or permanently displaced from housing feetittles in the area added to the Project; (b) There will he provided in the entire Projeer a~'ca or ip other areas not generally less desirable in regard to public utilities and publie and eommereial faeilities and at rents or priees within lite finaneial means of the families tt.qd pc. rsons displaced from the area added to the Projeer, deeent, safe. and sanitary dwellings equal in number to the number of and available to sueh displneed families and persons and reasonably aeeossible to tl~eir plaees of employment; (8) The Amended Redevelopment Plait (as hereby amended by the inclusion of said Third Amendment) will afford a maximum opportunity consistent with the sound needs of tile locality as a whole for the redevelopment of the area added to tile Project by private enterprise; (9) In order to implement and facilitate the effectuation of the Amended t{edevelopnmnt Plan (as h,~reby amended by the inclusion of said Third Amendmenl), it is found and determined that certain official action must be taken by tl~e City Council with reference, amen~ other things, to changes in zoning. the vacating and removal of streets, and other public rights-of-way, the leealien and reidcation of sewer and water mains and other public facilities, an0 other publie action, and aeeordin~ly the City Council hereby: (a) Pledges its cooperation in helping to carry out the Amended Redevelopment Plan (as hereby so amended); and (b) Request the various officials, depsrtments, boards and agencies of the City of Bakersfield having administrative responsibilities in the premises likewise to cooperate to such end and to exercise their respective functions and powers in a manner consistent with the Amended Redevelopment Plan (as hereby so amended); and (e) Stands ready to tal<e appropriate action upon proposals and measures dcsil,mcd to effectuate the Amended Rcdcvclopment Plan (as hereby so amended). SECTION 6. The elimination of blight and the redevelopment of the areas added to the Project area could not be reasonnbly be expected to be accomplished by private enterprise acting alone without the aid and assistance of the Agency. SECqlON 7. The City Council is satisfied that permanent housing facilities will be available within three years from the time occnpants of the area are displaced, and that, pending the development of such facilities, there will be oval!able to such those m the Uity of t;~i,:ersi=ield t~L the time of ~}:.?ir disp[~,,ec. ment. SECTION ?,. l'Im ~'ity ,.?tinertl i., cc, i~&]~e¢:d tbnt t!~,, ef£ee~ of t:tx inererner~t financing[ will pot ¢~u,e ~, s~vec<, l'in~mcial burr;on o: detriment on any taxing agency SEC:T1ON 9. All written r, nd or*!l <~bjeetions to the Tlfird Amendment to the Amended Redevelopre?at Plan are hereby ovcr?uled. SECTION 10. '1 he City Clerk hereby is directed to eauso the incorporation of tile Third Amendmellt hereby :':?proved and a&,pted illto tl:e Amenclod l~edevclopment Plan and to print and r'c.[,rc,,~{~ce <mpies of s~)id Arecurled liedevelopment t>lan as so amended. The City Clect.~ hereby is further directed to send a eeritified copy of this Ordinance and a copy of tl~e Amendcd }~edevclopm<mt Plart (as lietoby so amended) to the Agel/ey. The Agency l~erebv i:4 vested with the responsibility for eartying out the Amenemd Rcdevelopnl( nt !~;¢'m ('r~s hereby so amended) foc the Project; provided within the area added lo the Project s}mll be sl~bjcet to the approval of the City Cormell. SECTION 11. The City Clerk hr'rr, by is directed to record with tile County Recorder of Kern Cot~nty deseriptlons of tbc land within the areas added to the Project and the entire P;':~jeet area (!neludi;~,:: the area added to tile Project), and a statement that proee(d[l~[;s for the redevelopment of the area added to the Project have been instituted un~-%r tl'~e CallfernS: Community ~{edevelopment I,nw. The Agency hereby is directed to effectuate reeord~',tion in compliance with the provisions of Section 27295 of tile Government Code to tl~e extent applicable. SECTION 12. The l)ireetor of tbe l)epartlnent of Baildin~ of the City of Bakersfield is hereby du'ected for' ~ period of two yea~s aftre the effective date of this Ordinance to ~dvise ~11 applicants for buildin[*: permits within ',~e areas ~.dded to the Project that the site for which a buildin~ permit is souFht for the eonstruetiol~ of buildings or for o~.her improvements is within a redevelopl:m~,t project arete. SECTION 13. The City Clerk is directed, as prmnptly as practicable following the adoption of tints Ordinance to transmit a copy of this Ordinance, a copy of Ot'dinanee No. 2033 approving' and adoptin~ the Redevelopment Plan, a copy of Ordinance No. 2216, amer~di~[ said Phm, a copy of Ordinance No. 2291, amending said Plum, a copy of the deseNptions and statement recorded by the City pursuant to Section 9 of this Ordinance, and a map or plot indicating the boundaries of the area added to the Project and the entire Project m'ea (ineludin~ the area added tc the Project) to the 'tax Assessor of Kern County, to the Auditor-Controller of Kern County. to the governing body of each of the taxia~ agencies which levies taxes upon any property in the entire Projeer area, t!nd to the State Board of Equalization. SECTION 14. Tbe Mayor (or in his t~bsenee tire Vice-Mayor) shall sign ttfis Ordin,'mee; the City Clerk slmll ~ttcst ~md certify to the adoption of tl~is Ordim~nee and its approvtd by the City Council and simli cause the same to be published once in a newspaper with general circulation in the City of Bakersfield. APPt~.OVED AND AI),)PI E,rl ATTEST: Tills . __1_23; h__ ~_~_ DAY ~ --~'xc V'/ CITY OF B~'G~ EttSFIEI,D OF APPItOVEI) AS 1'O FORM: I;-EN N ET}I W, C!TY ATTORNEY Affihav of ost ng ( rh uan es STATE OF CALIFORNIA, 1 County of Kern ss. H. E. BERGEN, being duly sworn, deposes and says: That he is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that oa .............................D...e...~.q~.~.~_r.._..~:..~ ..........................................................19...~.~... he posted on the Bulletin Board at the City Hall, a full, true and correct copy of an ordinance passed by the Council of said City at a meeting thereof duly held on .........................D....e...~..q.~.~.~.~....):.~ ...................., 19.~.-9.._, which ordinance was numbered ..........~.~..~.P ............New Series, and entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAKERSFIELD APPROVING AND ADOPTING THE THIRD AMENDMENT TO THE AMENDED REDEVELOPMENT PLAN FOR THE DOWNTOWN BAKERSFIELD REDEVELOP- MENT PROJECT. Subscribed and sworn to befo~e me this 18~-.h day of ..... D~c.esq~e~ .................... 19....~'~.