HomeMy WebLinkAbout2004-153(See Companion Resolution CDC/2004-17)
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RESOLUTION NO. 2004-153
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 AMENDED AND
RESTATED REDEVELOPMENT PLAN TO INCLUDE REINSTATING
CERTAIN EMINENT DOMAIN POWERS TO THE CENTRAL CITY
NORTH REDEVELOPMENT PROJECT AREA AND CERTIFICATION OF
THE ENVIRONMENTAL IMPACT REPORT.
WHEREAS, the Mayor and Common Council have previously adopted Ordinance No.
3066, dated August 6, 1973, which approved the Redevelopment Plan for the Central City
North Redevelopment Project (the "Redevelopment Plan") in accordance with the applicable
provisions of the Community Redevelopment Law (Health and Safety Code Section 33000 et
seq.); and
WHEREAS, the Redevelopment Plan has subsequently been amended by Ordinance No.
MC-561, dated December 8, 1986, by Ordinance No. MC-719, dated April 2, 1990, by
Ordinance No. MC-920, dated December 20, 1994, and further amended by Ordinance No. MC-
1154, 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 Central City North 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
Central City North Redevelopment Project, and the resources available to the Agency to
implement the Redevelopment Plan, as amended and eliminate and reduce the spread of blight
P:Wgendas\Resolullons\ResolutlonaV004\N.O0 07 CCN MCC Reso B.doa
(See Companion Resolution CDC/2004-17)
2004-153
1 from the redevelopment project area will be enhanced ar*sqpg� iened if the Agency's power
2 to acquire property by exercise of eminent domain is restored; and
3 WHEREAS, it is appropriate for the Mayor and Common Council of the City of San
4 Bernardino to take certain action as provided in this Resolution with respect to the
5 implementation of appropriate action to prevent and eliminate the spread of blight in the
6 redevelopment project area of the Central City North Redevelopment Project.
7 NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND ORDERED
8 BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, AS
9 FOLLOWS:
10 Section 1. The recital paragraphs of this Resolution are true and correct.
11 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
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of the Agency to acquire property in the redevelopment project area of the Central City North
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Redevelopment Project by exercise of eminent domain will foster and promote the elimination
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and prevention of the spread of blight in the redevelopment project area.
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Section 3. The Mayor and Common Council hereby find and determine that the
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proposed amendment to the Redevelopment Plan, as amended, to restore the Agency's power to
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acquire property by eminent domain may result in the residential displacement of low-income
18 persons or household and in the residential displacement of any moderate -income person or
19 household. In view of this finding, the Mayor and Common Council hereby determine in
20 accordance with Health and Safety Code Section 33385 that further consideration of the
21 proposed amendment to the Redevelopment Plan shall require the formation or consultation
22 with a project area committee, as low- or moderate -income person or household may be
23 displaced by any project which may be undertaken by the Agency on property hereafter
24 acquired by eminent domain.
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PdAgendasNe olulionsd esolusionsUGNA00.0407 CCN MCC Reso B.doc
2004-153
1 Section 4. The Mayor and Common Council hereby authorize the draft text
2 amendment dated May 2004, the draft Report to Mayor and Common Council, dated May 2004,
3 and Environmental Impact Report, for release for public review and distribution to the taxing
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5 agencies and other interested parties. Copies of said draft documents are on file with the
6 Secretary of the Redevelopment Agency of the City of San Bernardino.
7 Section 5. The Mayor and Common Council hereby authorize and consent to
8 conducting a joint public hearing with the Community Development Commission of the City of
9 San Bernardino on July 19, 2004 at the hour of 4:00 p.m., or as soon thereafter as may be
10 practicable, for the purpose of considering an amendment to the Redevelopment Plan to
11 reinstate the Agency's power to acquire property by exercise of eminent domain. The City
12 Clerk, in cooperation with the Agency Secretary, is hereby authorized and directed to give
notice of the joint public hearing as hereby ordered in the form and manner required by the
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California Community Redevelopment Law.
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Section 6. This Resolution shall take effect upon its adoption and execution in the
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manner as required by the City Charter.
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P:Ugendas\Reolutions\Resolutions\3004\04.0"7 CCTV MCC Reso B.Joc
2004-153
1 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO SETTING THE JOINT PUBLIC HEARING
2 DATE OF JULY 19, 2004 AT 4:00 P.M. WITH THE COMMUNITY
DEVELOPMENT COMMISSION TO CONSIDER THE AMENDED AND
3 RESTATED REDEVELOPMENT PLAN TO INCLUDE REINSTATING
4 CERTAIN EMINENT DOMAIN POWERS TO THE CENTRAL CITY
NORTH REDEVELOPMENT PROJECT AREA AND CERTIFICATION OF
5 THE ENVIRONMENTAL IMPACT REPORT.
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
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Common Council of the City of San Bernardino at a i t. reg. meeting thereof, held on the
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7 th day of June 2004, by the following vote to wit:
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Council Members: Aves Nays Abstain Absent
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ESTRADA x
II LONGVILLE x
12 MCGINNIS x
13 DERRY x
14 KELLEY x
15 JOHNSON x
16 MC CAMMACK x &
17 Rachel G. Clark, City Clerk
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The foregoing resolution is hereby approved this of rt% day of J e 2004.
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20 L
Wendy�4�mmack, Mayor Pro Tem
21 City of San Bernardino
Approved as to form and Legal Content:
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By:�
23 ity Attorney
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P:Ngendae\Re olutionsUt olutlonsUOU\00.0607 CCN MCC Reso B.doe