HomeMy WebLinkAbout2004-266(See Companion Resolution CDC/2004-27, CDC/2004-28)
1 RESOLUTION NO. 2004-266
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3 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO ADOPTING WRITTEN RESPONSES TO
4 WRITTEN AND ORAL OBJECTIONS TO THE AMENDED AND
5 RESTATED PLAN FOR THE CENTRAL CITY NORTH
REDEVELOPMENT PROJECT AREA
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WHEREAS, the City of San Bernardino ("City") is a charter city and municipal
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corporation organized and existing under the Constitution and laws of the State of California;
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and
9 WHEREAS the Redevelopment Agency of the City of San Bernardino ("Agency") is a
P g Y Y (` g Y") .
10 public body, corporate and politic, organized and existing under the California Community
11 Redevelopment Law (the "CRL"), and CRL is found at Health and Safety Code Section 33000
12 et seq.; and
13 WHEREAS, the Community Development Commission of the City of San Bernardinc
14 (the "Commission") is the governing board of the Agency; and
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WHEREAS, the Mayor and Common Council of the City of San Bernardino ("Common
16 Council") and the Commission have undertaken proceedings in accordance with the California
17 Community Redevelopment Law, Health and Safety Code Section 33000 et. seq. ("CRL") to
18 adopt an Amended and Restated Plan for the Central City North Redevelopment Project Area
19 ("CCN Plan"); and
20 WHEREAS, the purposes of the proposed CCN Plan Amendment adoption is to reinstate
21 eminent domain authority throughout the Central City North Redevelopment Project Area until
22 August 6, 2013 as a redevelopment tool to help alleviate and eliminate the spread of blightinE
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conditions in the Project Area; and
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CMatuments and Setthsgs\medina_sa\Local Settings\Temporary Internet filer\OLKI01\O4-08-16 CCN Written Responzes.doe
2004-266
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WHEREAS, on July 19, 2004, the Common Council and the Commission held their j
public hearing ("Joint Public Hearing") on the adoption of the proposed Amendment to the
Plan; and
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.
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P:WgendasUt lutionsVmlutions�ONW4O&16 CCN WHItenR pomeadoc
2004-266
1 NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY O-
2 SAN BERNARDINO, DOES HEREBY RESOLVE, DETERMINE AND ORDER, A'
3 FOLLOWS:
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Section 1. The facts set forth in the Recitals of this Resolution are true and correc
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and are hereby made part of the findings and determinations of the Common Council as relate
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to the approval and adoption of the Responses.
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Section 2. The August 10, 2004 Staff Report for the Central City Nort
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9 Redevelopment Project Area including Exhibit "A" and Attachment 1, 2, 3 and 4 of Exhibit "A
to to the Central City North Redevelopment Project Area Staff Report are incorporated and mad
11 part of this resolution by reference
12 Section 3. The Common Council hereby approves and adopts the Responses, in th
13 form submitted herewith, as their findings and responses, based upon a legal analysis and othc
14 discussions and presentation of facts and the substance of each comment, to the written and on
15 objections presented at or prior to the July 19, 2004 Joint Public Hearing on the adoption of th
16 Amended and Restated Plan for the Central City North Redevelopment Project Area. Th
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Common Council further finds and determines, based upon the summary of the speaker slip
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(Attachments No. 2 and No. 3) as presented at a Joint Public Hearing that adequate notice wa
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given as required by the CRL to the property owner and tenants within the Central City Nort
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Redevelopment Project Area.
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22 Section 4. The City Council hereby overrules the written and oral objections to th
23 Amended and Restated Plan for the Central City North Redevelopment Project Area.
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2004-266
1 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO ADOPTING WRITTEN RESPONSES TO
2 WRITTEN AND ORAL OBJECTIONS TO THE AMEDNED AND
3 RESTATED PLAN FOR THE CENTRAL CITY NORTH
REDEVELOPMENT PROJECT AREA
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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 ] t. reg. meeting thereof, held on the
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16 th day of August 2004, by the following vote to wit:
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Council Members: Ayes Nays Abstain Absent
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ESTRADA x _
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LONGVILLE x
10 MCGINNIS x
11 DERRY x
12 KELLEY x
13 JOHNSON x
14 MC CAMMACK x /+
15 S b�-
. ,C..s�
16 RachZtG. Clark, City Clerk
17 The foregoing Resolution is hereby approved this `Q T'k day of August 2004.
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19 Ju ith a les, Mayor
C ty of San Bernardino
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Approved as to form and Legal Content:
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By:
22 ?ty Attorney
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