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HomeMy WebLinkAboutORD NO 2216ORDINANCE NO. 2216 NEW SERIES AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD APPROVING AND ADOPTING AMEND- MENTS TO THE REDEVELOPMENT PLAN FOR THE DOWNTOWN BAKERSFIELD REDEVELOPMENT PROJECT. WHEREAS, the Bakersfield Redevelopment Agency (hereinafter referred to as the "Agency") formulated and prepared proposed amendments to the Redevelopment Plan for the Downtown Bakersfield Redevelopment Project; and WHEREAS, the Planning Commission of the City of Bakersfield has submitted its report and recommendations, finding said proposed amendments to the Redevelopment Plan are in conformity with the General Plan and recommending approval and adoption of said pro- posed amendments; and WHEREAS, the Agency adopted and amended rules governing participation by and reasonable preferences to owners and tenants in the original Project area and the area to be added to the Project; and WHEREAS, the Agency submitted to the City Council of the City of Bakersfield said proposed amendments to the Redevelopment Plan, accompanied by the Report of the Agency on said proposed amend- ments and the Draft Environmental Impact Report on the Project and the area to be added to the Project; and WHEREAS, after due notice, a joint public hearing was held by the Agency and the City Council to consider said proposed amend- ments and said Draft Environmental Impact Report; 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 Redevelopment Plan, and certified, approved and adopted the Environmental Impact Report on the Project and the area to be added to the Project; 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: to SECTION 1. The purposes and intent of the area added to the Project are the City Council with respect 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 rehabilitation, rebuilding, and develop- ment 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. SECTION 2. The Amendments to the Redevelopment Plan for the Downtown Bakersfield Redevelopment Project are hereby incorporated herein by reference and made a part hereof as if fully set out at length herein. SECTION 3. The Amendments to the Redevelopment Plan are hereby approved and adopted, and the Redevelopment Plan (as hereby amended) is hereby designated the official Rmdevelopment Plan for the Down- town Bakersfield Redevelopment Project. SECTION 4. The City Council hereby certifies that it has reviewed and considered the information contained in and comments on the Environmental Impact Report on the Project and the Area Proposed to be Added to the Project concurrent with its approval and adoption of the Amendments to the Redevelopment Plan; hereby finds that redevelopment activities conducted pursuant to the Redevelopment Plan (as hereby amended) will not have a significant adverse impact on the environment; and hereby approves and adopts said Environmental Impact Report as the report of the City Council. SECTION 5. The City Council hereby finds and determines that: 1. 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; 2. The Redevelopment Plan (as hereby amended) 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; 3. The adoption and carrying out of the Redevelopment Plan (as hereby amended) is economically sound and feasible; 4. The Redevelopment Plan (as hereby amended) conforms to the General Plan of the City of Bakersfield. 5. The carrying out of the Redevelopment Plan (as hereby amended) will promote the public peace, health, safety and welfare of the City of Bakersfield and will effectuate the purposes and policies of the Cormnunity Redevelopment Law of the State of California; 6. The condemnation of real property, as provided for in the Redevelopment Plan (as hereby amended) for the area added to the Project, is necessary to the execution of the Redevelopment Plan (as hereby amended) and adequate provisions have been made for pay- ment for property to be acquired as provided by law; 7. 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 methods and plans 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 prices 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; 8. The Redevelopment Plan (as hereby amended) 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; 9. In order to implement and facilitate the effectuation of the Redevelopment Plan (as hereby amended), 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, the vacating and removal of streets, and other public ways, 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 Redevelopment Plan (as hereby amended); and b. Requests the various officials, departments, 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 Redevelopment Plan (as hereby amended); and c. Stands ready to take appropriate action upon proposals and measures designed to effectuate the Redevelopment Plan (as hereby 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 aw~ilable within three years from the time occupants of the area are displaced, and that, pending the development of such facilities, 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 displacement. SECTION 7. All written and oral objections to the Amendments to Redevelopment Plan are hereby overruled. the SECTION 8. The City Clerk hereby is directed to cause the incorpora- tion of the Amendments hereby approved and adopted into the Redevelop- ment Plan. The City Clerk hereby is further directed to send a certified copy of this Ordinance and a copy of the Redevelopment Plan (as hereby amended) to the Agency. The Agency hereby ls vested with the responsibility for carrying out the Redevelopment Plan (as hereby amended) for the Downtown Bakersfield Redevelopment Project, provided that every contract of the Agency for the sale of real property shall be subject to the approval of the City Council. SECTION 9. The City Clerk hereby is directed Recorder of Kern County descriptions of the to the Project and the entire Project area to the Project), and a statement that proceedings for the redevelop- ment of the area added to the Project have been instituted under the California Cormnunity 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. to record with the County land within the area added (including the area added SECTION 10. The Building Department 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 1, 1975), to transmit a copy of this Ordinance, a copy of Ordinance No. 2033 approving and adopting the Redevelopment 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-Mayo~ 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 immediately thereinafter this Ordinance shall take effect and be in force. .......... o0o .......... 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 25th day of November, 1974, by the following vote: AYES, COIJNCILM~.N BAqTON, BLE~.CKER, HE.ISFY, F,IEDDERS, ROGERS, STRONG, THOMAS co J ~..I,, ...1 Counczl of the C~y of Bakersfield APPROVED this 25th day~f ~o~v.~ember, 1974 ersfield APPROVED as to form: CITY ATTORNEY o~ the C~ty of Bakersfield / Affi av of Iosttng (Ordinances 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 .......................N....o...~..~.~..b_.~..~....2....6.. ............................................................., 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 ........ i~..o...y...~..m..~.~..V......2..~ .............................., 19..~.f~..., which ordinance was numbered ....... .~2]-P ......New Series, and entitled: AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD APPROVING AND ADOPTING AMEND- MENTS TO THE REDEVELOPMENT PLAN FOR THE DOWNTOWN BAKERSFIELD REDEVELOPMENT PROJECT. City C~rk Subscribed and sworn to before me this day of ......5[~.v.e~n.b~ ..............,19_7.4 Marguerite Anderson