HomeMy WebLinkAbout2004-152(See Companion Resolution CDC/2004-16)
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RESOLUTION NO. 2004-152
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO SETTING THE JOINT PUBLIC HEARING
DATE OF JULY 19, 2004 AT 4:00 P.M. WITH THE COMMUNITY
DEVELOPMENT COMMISSION TO CONSIDER THE AMENDMENT
REINSTATING CERTAIN EMINENT DOMAIN POWERS TO THE
UPTOWN REDEVELOPMENT PROJECT AREA AND CERTIFICATION
OF THE ENVIRONMENTAL IMPACT REPORT.
WHEREAS, the Mayor and Common Council have previously adopted Ordinance No.
MC-527, dated June 18, 1986, which approved the Redevelopment Plan for the Uptown
Redevelopment Project (the "Redevelopment Plan") in accordance with the applicable
provisions of the Community Redevelopment Law (Health and Safety Code Section 33000 et
sec.); and
WHEREAS, the Redevelopment Plan has subsequently been amended by Ordinance No.
MC-927, dated December 20, 1994, and further amended by Ordinance No. MC- 1161, dated
December 1, 2003; and
WHEREAS, the Redevelopment Plan as amended in 1986 authorized the
Redevelopment Agency of the City of San Bernardino (the "Agency") to acquire property
within the redevelopment project area of the Uptown Redevelopment Project for community
redevelopment purposes by grant, donation, negotiated purchase or lease or by exercise of
eminent domain, which power to acquire land by eminent domain however, lapsed in 1998
under applicable provisions of the Community Redevelopment Law; and
WHEREAS, conditions of blight still persist in the redevelopment project area of the
Uptown Redevelopment Project, and the resources available to the Agency to implement the
Redevelopment Plan, as amended and eliminate and reduce the spread of blight from the
redevelopment project area will be enhanced and strengthened if the Agency's power to acquire
property by exercise of eminent domain is restored; and
P:UgendusU esuluiions\Resolutions\2004\04-0F07 Uptown MCC Reso H.doc
2004-152
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WHEREAS, it is appropriate for the Mayor and Common Council of the City of San
Bernardino to take certain action as provided in this Resolution with respect to the
implementation of appropriate action to prevent and eliminate the spread of blight in the
I redevelopment project area of the Uptown Redevelopment Project.
NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND ORDERED
BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, AS
FOLLOWS:
Section 1. The recital paragraphs of this Resolution are true and correct.
Section 2. The Mayor and Common Council acknowledge receipt of a Staff Report
dated May 25, 2004, prepared by the Agency, which indicates that the restoration of the power
of the Agency to acquire property in the redevelopment project area of the Uptown
Redevelopment Project by exercise of eminent domain will foster and promote the elimination
and prevention of the spread of blight in the redevelopment project area.
Section 3. The Mayor and Common Council hereby find and determine that the
proposed amendment to the Redevelopment Plan, as amended, to restore the Agency's power to
acquire property by eminent domain may result in the residential displacement of low-income
persons or household and in the residential displacement of any moderate -income person or
household. In view of this finding, the Mayor and Common Council hereby determine in
accordance with Health and Safety Code Section 33385 that further consideration of the
proposed amendment to the Redevelopment Plan shall require the formation or consultation
with a project area committee, as low- or moderate -income person or household may be
displaced by any project which may be undertaken by the Agency on property hereafter
acquired by eminent domain.
Section 4. The Mayor and Common Council hereby authorize the draft text
amendment dated May 2004, the draft Report to Mayor and Common Council, dated May 2004,
and Environmental Impact Report, for release for public review and distribution to the taxing
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2004-152
1 agencies and other interested parties. Copies of said draft documents are on file with the
2 Secretary of the Redevelopment Agency of the City of San Bernardino.
3 Section 5. The Mayor and Common Council hereby authorize and consent to
4 conducting a joint public hearing with the Community Development Commission of the City of
5 San Bernardino on July 19, 2004 at the hour of 4:00 p.m., or as soon thereafter as may be
6 practicable, for the purpose of considering an amendment to the Redevelopment Plan to
7 reinstate the Agency's power to acquire property by exercise of eminent domain. The City
8 Clerk, in cooperation with the Agency Secretary, is hereby authorized and directed to give
9 notice of the joint public hearing as hereby ordered in the form and manner required by the
10 California Community Redevelopment Law.
11 Section 6. This Resolution shall take effect upon its adoption and execution in thf
manner as required by the City Charter.
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2004-152
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A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO SETTING THE JOINT PUBLIC HEARING
DATE OF JULY 19, 2004 AT 4:00 P.M. WITH THE COMMUNITY
DEVELOPMENT COMMISSION TO CONSIDER THE AMENDMENT
REINSTATING CERTAIN EMINENT DOMAIN POWERS TO THE
UPTOWN REDEVELOPMENT PROJECT AREA AND CERTIFICATION
OF THE ENVIRONMENTAL IMPACT REPORT.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a j t . reg. meeting thereof, held on the
7 th day of June
, 2004, by the following vote to wit:
Council Members:
Ayes Nays Abstain Absent
ESTRADA
x
LONGVILLE
x
MCGINNIS
x _
DERRY
x
KELLEY
x
JOHNSON
x
MCCAMMACK
x
Rachel G. Clark, City Clerk
The foregoing resolution is hereby approved this i b iu day of June '2004.
Esther Estrada, Mayor Pro Tern
Approvec,as to form and Legal Content: City of San Bernardino
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