HomeMy WebLinkAbout2004-265(See Companion Resolution CDC/2004-25, CDC/2004-26)
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RESOLUTION NO. 2004-265
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO ADOPTING WRITTEN RESPONSES TO
WRITTEN AND ORAL OBJECTIONS TO THE AMENDMENT TO THE
UPTOWN REDEVELOPMENT PROJECT AREA PLAN
WHEREAS, the City of San Bernardino ("City") is a charter city and municipal
corporation organized and existing under the Constitution and laws of the State of California;
eT4l
WHEREAS, the Redevelopment Agency of the City of San Bernardino ("Agency") is a
public body, corporate and politic, organized and existing under the California Community
Redevelopment Law (the "CRL"), and CRL is found at Health and Safety Code Section 33000
et seq.; and
WHEREAS, the Community Development Commission of the City of San
(the "Commission") is the governing board of the Agency; and
WHEREAS, the Mayor and Common Council of the City of San Bernardino ("Common
Council") and the Commission have undertaken proceedings in accordance with the California
Community Redevelopment Law, Health and Safety Code Section 33000 et. M. ("CRL") to
adopt an Amendment to the Uptown Redevelopment Project Area ("Amendment'); and
WHEREAS, the purpose of the proposed Amendment is to reinstate eminent
authority throughout the Uptown Redevelopment Project Areas for a period of 12 years from
date of adoption as a redevelopment tool to help alleviate and eliminate the spread of
conditions in the Project Area; and
WHEREAS, on July 19, 2004, the Common Council and the Commission held their
public hearing ("Joint Public Hearing") on the adoption of the proposed Amendment; and
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P:Wgendas\R lutionsdeolutlonsU0 N0. 16 Uptown Written Aeopoumdoe
2004-265
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WHEREAS, at the Joint Public Hearing, the Mayor, as the presiding officer of
Common Council and the Chair of the Agency, called for public testimony, and all
present were afforded the opportunity to testify and submit written materials; and
WHEREAS, written and oral objections were presented at the Joint Public Hearing; and
WHEREAS, Section 33363 of the CRL provides that, where written objections
received at or prior to the hearing concerning the adoption or amendment of a
plan, the legislative body: "....shall respond in writing to the written objections... The
responses shall describe the disposition of the issues raised. The legislative body shall
the written objections in detail, giving reasons for not accepting specified objections
suggestions. The legislative body shall include a good -faith, reasoned analysis in
response...."; and
WHEREAS, the Agency staff has reviewed the written and oral objections presented
the July 19, 2004 Common Council and the Commission Joint Public Hearing and
participated in the preparation of written responses to said objections ("Responses"); and
WHEREAS, Agency Counsel hired a court reporter to prepare a transcript of the
Objection presented at the Joint Public Hearing on July 19, 2004; and
WHEREAS, the Agency staff has compiled a summary of those citizens
speaker slips for the Joint Public Hearing on July 19, 2004.
NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY
SAN BERNARDINO, DOES HEREBY RESOLVE, DETERMINE AND ORDER,
FOLLOWS:
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2004-265
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Section 1. The facts set forth in the Recitals of this Resolution are true and con
and are hereby made part of the findings and determinations of the Common Council as rela
to the approval and adoption of the Responses.
Section 2. The August 10, 2004 Staff Report for the Uptown Redevelopment Proj
Area including Exhibit "A" and Attachment 1, 2, 3 and 4 of Exhibit "A" to the Uptc
Redevelopment Project Area Staff Report are incorporated and made part of this resolution
reference.
Section 3. The Common Council hereby approves and adopts the Responses, in
form submitted herewith, as their findings and responses, based upon legal analysis and of
discussions and presentations of facts and the substance of each comment, to the written and c
objections presented at or prior to the July 19, 2004 Joint Public Hearing on the adoption of
Amendment to the Uptown Redevelopment Project Area Plan. The Common Council furl
finds and determines, based upon the summary of the speaker slips (Attachments No. 2 and
3) as presented at a Joint Public Hearing that adequate notice was given as required by the C
to the property owner and tenants within the Uptown Redevelopment Project Area Plan.
Section 4. The City Council hereby overrules the written and oral objections to
Amendment to the Uptown Redevelopment Project Area Plan.
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2004-265
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A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO ADOPTING WRITTEN RESPONSES TO
WRITTEN AND ORAL OBJECTIONS TO THE AMENDMENT TO THE
UPTOWN REDEVELOPMENT PROJECT AREA PLAN
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. regular meeting thereof, held on the
16 th day of August
, 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
MC CAMMACK
x
The foregoing Resolution is hereby approved this
Approved as to form and
Legal Content:
By: 4 �ilir�
' y Attorney
Rachel G. Clark, City Clerk
2004.
h-Valles, Mayor
of San Bernardino
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