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HomeMy WebLinkAboutORD NO 2291ORDINANCE NO. 2291 NEW SERIES AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAKERSFIELD APPROVING AND ADOPTING AMENDMENTS TO THE AMENDED REDEVELOPMENT PLAN FOR THE DOWN- TOWN BAKERSFIELD REDEVELOPMENT PROJECT. WHEREAS, the Bakersfield Redevelopment Agency (hereinafter referred to as the "Agency") formulated and prepared proposed amendments to the Amended Redevelopment Plan for the Downtown Bakersfield Redevelopment Project (the "Project") which include the addition of land to the Project; and WHEREAS, the Planning Commission of the City of Bakersf:ield has sub- mitted its report and recommendations, finding said proposed amendments to the Amended Redevelopment Plan are in conformity with the General Plan and recommending approval and adoption of said proposed amendments; and WHEREAS, the Agency adopted and amended rules governing participation by and reasonable preferences to owners and tenants in the orlg~nal Project area, the area added to the Project on November 25, 1974, and the area to be added to the Project; and WHEREAS, the Agency submitted to the City Council of the City of Bakers- field said proposed amendments to the Amended Redevelopment Plan, accompanied by the Report of the Agency on said proposed amendments; and WHEREAS, a Draft Supp]ement to the Environmental Impact Report on the Project has been prepared by the Agency staff pertaining to the proposed addition of land to the Project area and the proposed amendments therefor to the Amended Redevelopment Plan; and WHEREAS, said Draft Supplement to the Environmental Impact Report has been duly reviewed, and any comments which may have been received thereon have been duly evaluated and responded to, all in accordance with and within the time and in the manner set forth in the procedures adopted therefor by the Agency; and WHEREAS, said document (together with said comments and responses) has been duly designated as and declared to be the Final Supplement to said Environ- mental Impact Report pertaining to the proposed addition of land to the Project area and the proposed Amendments therefor to the Amended Redevelopment Plan; and WHEREAS, the Agency certified to the preparation and completion of said Final Supplement to said Environmental Impact Report as being in conformity with the California Environmental Quality Act of 1970, the Regulations thereto, and the procedures adopted therefor by the Agency; and WHEREAS, after due notice, a joint public hearing was held by the Agency and the City Council to consider said proposed amendments to the Amended Redevelop- ment Plan; and WHEREAS, at said joint public hearing, this City Council heard and passed upon all oral and written objections by overruling such objections; and WHEREAS, the Agency recommended approval and adoption of said proposed amendments to the Amended Redevelopment Plan; and WHEREAS, all action required by law has been taken by all appropriate public agencies. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. The purposes and intent of the City Council with respect to the area added to the Project are to: (1) Eliminate the conditions of blight existing in the area added to the Project; (2) Insure, as far as possible, that the causes of blighting conditions will be either eliminated or protected against; (3) Provide participation for owners and a reasonable preference for persons engaged in business in the area added to the Project; (4) Encourage the rehabilitiation, rebuilding, and development of the area added to the Project; (5) Encourage and foster the economic revitalization of the area added to the Project; (6) Relocate the owners and occupants of the area added to the Project as needed; (7) Redevelop and rebuild the public facilities in the area added to the Project to provide safer and more efficient service for the people in the area and the general public as a whole. (8) Assemble an adequate site for the development and construction of a convention hotel and office building-commercial-retail complex. SECTION 2. The Amendments to the Amended Redevelopment Plan for the Downtown Bakersfield Redevelopment Project (copies of which Amendments are on file in 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 Supplement to the Environmental Impact Report pertaining to the proposed addition of land to the Project area and the proposed Amendments therefor to the Amended Redevelopment Plan, concurrent with its action on said proposed Amendments 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 Amended Redevelopment Plan (as amended by the inclu- sion of said proposed Amendments) will not have a significant effect nor a sub- stantial adverse impact on the environment; and hereby approves and adopts said Final Supplement to said Environmental Impact Report as the report of the City Council. SECTION 4. The Amendments to the Amended Redevelopment Plan are hereby approved and adopted, and the Amended Redevelopment Plan (as hereby amended by the inclu- sion of said Amendments) is hereby designated the official redevelopment plan for the Downtown Bakersfield Redevelopment Project. SECTION 5. The City Council hereby finds and determines that: (1) Upon the record of the joint public hearing on the Amendments 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 at length herein) and supporting data thereto, the Final Supplement to the Environmental Impact Report, and the testimony received at the joint public hearing, the area added to the Project is a blighted area, the redevelopment of which is necessary to effectuate the public purposes declared in the Community Redevelopment Law of the State of California; to wit; The area contains blight, as the same is defined in the California Community Redevelopment Law, which constitutes social and economic liabilities requiring redevelopment in the interest of the health, safety, and general welfare of the people of the City of Bakersfield. (2) (3) (4) (5) (6) (7) (8) (9) (b) Many buildings and structures in the area are vacant, blighted, and deteriorated. (c) Lot sizes in the area are rather small and land parcels are owned in fee by many different persons and/or corporations, therefore making it difficult to assemble land for redevelopment. (d) The area is characterized by economic dislocation, deterioration, and disuse resulting in depreciated land values, impaired invest- ments, 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 area has resulted in a stagnant and unproductive condition of land poten- tially useful and valuable for contributing to the public health, safety, and welfare. The Amended Redevelopment Plan (as hereby amended by the inclusion of said Amendments) will redevelop the area added to the Project in con- formity 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 Amendments) is economically sound and feasible; The Amended Redevelopment P]an (as hereby amended by the inclusion of said Amendments) conforms 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 Amendments) 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 Re- development Plan (as hereby amended by the inclusion of said Amendments) for the area added to the Project, is necessary to the execution of the Amended Redevelopment Plan (as hereby so amended) and adequate provi- sions have been made for payment for property to be acquired as provided by law; There are families and persons to be displaced from housing facilities in the area added to the Project, and when any such families and persons are displaced by redevelopment activities: (a) The Agency has feasible method and plan for the relocation of families and persons to be temporarily or permanently displaced from housing facilities in the area added to the Project; (b) There will be provided in the entire Project area (including the area added to the Project) or in other areas not generally less desirable in regard to public utilities and public and commercial facilities and at rents or prlces within the financial means of the families and persons displaced from the area added to the Project. decent, safe, and sanitary dwellings equal in number to the number of and available to such displaced families and persons and reasonably accessible to their places of employment; The Amended Redevelopment Plan (as hereby amended by the inclusion of said Amendments) will afford a maximum opportunity consistent with the sound needs of the locality as a whole for the redevelopment of the area added to the Project by private enterprise; In order to implement and facilitate the effectuation of the Amended Redevelopment Plan (as hereby amended by the inclusion of said Amendments), it is found and determined that certain official action must be taken by the City Council with reference, among other things, to changes in zoning, -3- the vacating and removal of streets, and other public rights-of-way, the location and relocation of sewer and water mains and other public facilities, and other public action, and accordingly the City Council hereby: (a) Pledges its cooperation in helping to carry out the Amended Re- development Plan (as hereby so amended); and (b) Requests the various officials, departments, boards and agencies of the City of Bakersfield having administrative responsibilities in the premises likewlse 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 (c) Stands ready to take appropriate action upon proposals and measures designed to effectuate the Amended Redevelopment Plan (as hereby so amended). SECTION 6. In the event any occupants are displaced from housing facilities in the area added to the Project, the City Council is satisfied that permanent housing facilities will be available within three years from the time occupants of the area are displaced, and that, pending the development of such faciilities, there will be available to such displaced occupants adequate temporary housing facilities at rents comparable to those in the City of Bakersfield at the time of their dis- placement. SECTION 7. All written and oral objections to the Amendments to the Amended Redevelop- ment Plan are hereby overruled. SECTION 8. The City Clerk hereby is directed to cause the incorporation of the Amend- ments hereby approved and adopted into the Amended Redevelopment Plan and to print and reproduce copies of said Amended Redevelopment Plan as so amended. The City Clerk hereby is further directed to send a certified copy of this Ordinance and a copy of the Amended Redevelopment Plan (as hereby so amended) to the Agency. The Agency hereby is vested with the responsibility for carrying out the Amended Re- development Plan (as hereby so amended) for the Project; provided that each contract of the Agency for the sale of real property within the area added to the Project shall be subject to the approval of the C~ty Council. SECTION 9. The City Clerk hereby is directed to record with the County Recorder of Kern County descriptions of the land within the area added to the Project and the entire Project area (including the area added to the Project), and a statement that proceedings for the redevelopment of the area added to the Project have been insti- tuted under the California Community Redevelopment Law. The Agency hereby is directed to effectuate recordation in compliance with the provisions of Section 27295 of the Government Code to the extent applicable. SECTION 10. The Director of the Department of Building of the City of Bakersfield is hereby directed for a period of two years after the effective date of this Ordinance to advise all applicants for building permits within the area added to the Project that the site for which a building permit is sought for the construction of buildings or for other improvements is within a redevelopment project area. SECTION 11. The City Clerk is directed, as promptly as practicable following the adoption of this Ordinance (but in any event, on or before January I, 1977), to -4- transmit a copy of this Ordinance, a copy of Ordinance No. 2033 approving and adopting the Redevelopment Plan, a copy of Ordinance No. 22~6, amending said Plan, a copy of the descriptions 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 area (including the area added to the Project) to the Tax Assessor of Kern County, to the Auditor-Controller of Kern County, to the governing body of each of the taxing agencies which levies taxes upon any property in the entire Project area, and to the State Board of Equalization. SECTION 12. The Mayor (or in his absence the Vice-Mayor) shall sign this Ordinance; the City Clerk shall attest and certify to the adoption of this Ordinance and its approval by the City Council and shall cause the same to be published once in a newspaper with general circulation in the City of Bakersfield; and thirty days after passage this Ordinance shall take effect and be in force. ........... 0 O0 -5- I HEREBY CERTIFY that the foregoing ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on the 30th day of August , 1976, by the following vote: CITY and lerk of the Councll of the City ~f Bakersfield APPROVED tills 30th day of / August , 1976 APPROVED as to form: CITY ATTORNEY of th,~Clty of Bakersfield Aff av of os mg rh an es STATE OF CALIFORNIA, t 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 .........................s....e....P...~..~.~n~.b..~..~_....1...z~. .........................................................., 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 ....... .~...u....g..~.~..t.......~.~ ........................................, 19..~..~...., which ordinance was numbered ........ ~.1 .................New Series, and entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAKERSFIELD APPROVING AND ADOPTING AMENDMENTS TO THE AMENDED REDEVELOPMENT PLAN FOR THE DOWN- TOWN BAKERSFIELD REDEVELOPMENT PROJECT. Subscribed and sworn to before me this 15th. day of ..... S.~?.~.em.~.er_ ..........19..~.