HomeMy WebLinkAbout2003-083
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(See Companion Resolution CDC/2003-9)
RESOLUTION NO. 2003-83
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A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO (1) ACCEPTING THE TRANSMISSION OF
THE PRELIMINARY 2003 EMINENT DOMAIN AMENDMENT TO THE
STATE COLLEGE REDEVELOPMENT PLAN ("AMENDMENT"), THE
INITIAL STUDY FOR THE AMENDMENT AND (2) SETTING THE JOINT
PUBLIC HEARING DATE OF MAY 19, 2003 AT 7:00 P.M. WITH THE
COMMUNITY DEVELOPMENT COMMISSION TO CONSIDER THE
AMENDMENT REINSTATING CERTAIN EMINENT DOMAIN POWERS
AND ADOPTION OF A NEGATIVE DECLARATION.
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WHEREAS, the Mayor and Common Council have previously adopted Ordinance No. 3067,
dated April 27, 1970, which approved the Redevelopment Plan for the State College Redevelopment
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Project (the "Redevelopment Plan") in accordance with the applicable provisions of the Community
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Redevelopment Law (Health and Safety Code Section 33000 ~ seq.); and
WHEREAS, the Redevelopment Plan has subsequently been amended by Ordinance No. MC-
560, dated December 8, 1986, by Ordinance No. MC-725, dated April 2, 1990, and further amended by
Ordinance No. MC-925, dated December 20, 1994; and
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WHEREAS, the Redevelopment Plan as amended in 1986 authorized the Redevelopment
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Agency of the City of San Bernardino (the "Agency") to acquire property within the redevelopment
project area of the State College Redevelopment Project for community redevelopment purposes by
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grant, donation, negotiated purchase or lease or by exercise of eminent domain, which power to acquire
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land by eminent domain however, lapsed in 1999 under applicable provisions of the Community
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Redevelopment Law; and
WHEREAS, conditions of blight still persist in the redevelopment project area of the State
College 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
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project area will be enhanced and strengthened if the Agency's power to acquire property by exercise of
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eminent domain is restored; and
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2003-83
WHEREAS, it is appropriate for the Mayor and Common Council of the City of San
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Bernardino to take certain action as provided in this Resolution with respect to the
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implementation of appropriate action to prevent and eliminate the spread of blight in the
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redevelopment project area of the State College Redevelopment Project.
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NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND ORDERED
BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, AS
FOLLOWS:
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Section 1.
The recital paragraphs of this Resolution are true and correct.
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Section 2.
The Mayor and Common Council acknowledge receipt of a Staff Report dated
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March 28, 2003, prepared by the Agency, which indicates that the restoration of the power of the
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Agency to acquire property in the redevelopment project area of the State College Redevelopment
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Project by exercise of eminent domain will foster and promote the elimination and prevention of the
spread of blight in the redevelopment project area.
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Section 3.
The Mayor and Common Council hereby acknowledge the receipt and approval
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of a draft, dated March, 2003, of the text of the proposed amendment to the applicable section of the
Redevelopment Plan, as previously amended, which, if finally adopted, shall reinstate the power of the
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Agency to acquire certain non-residential use and/or occupied properties in the project are for twelve
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(12) years following the adoption of an ordinance of the Mayor and Common Council approving such
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an amendment.
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Section 4.
The Mayor and Common Council hereby acknowledge the receipt and approval
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of a draft, dated March 2003, of the Report to Mayor and Common Council on the proposed
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Amendment to the Redevelopment Plan. The purpose of this Report is to provide the information,
documentation, and evidence required to support the adoption of the proposed Amendment. This
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information, documentation, and evidence are provided to assist the Common Council in its
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consideration of the proposed Amendment, and in making the various determinations in connection with
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its adoption.
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2003-83
Section 5.
The Mayor and Common Council hereby fmd and detennine that the proposed
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amendment to the Redevelopment Plan, as amended, to restore the Agency's power to acquire property
by eminent domain shall not result in the residential displacement of any low-income persons or
household nor in the residential displacement of any moderate-income person or household for the
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reason that the proposed amendment shall expressly limit the Agency's power to acquire property for
community redevelopment purposes to property which is not residentially designated, used or occupied.
In view of this finding, the Mayor and Common Council hereby determine in accordance with Health
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and Safety Code Section 33385 that further consideration of the proposed amendment to the
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Redevelopment Plan shall not require the formation or consultation with a project area committee, as no
low- or moderate-income person or household shall be displaced by any project which may be
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undertaken by the Agency on property hereafter acquired by eminent domain.
Section 6.
The Mayor and Common Council acknowledge receipt of an Initial Study,
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dated March, 2003, as prepared in accordance with the California Environmental Quality Act ("CEQA")
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with respect to the proposed amendment to the Redevelopment Plan to restore eminent domain power of
the Agency to acquire non-residentially used or occupied properties in the redevelopment project area of
the State College Redevelopment Project. The Initial Study indicates that since the adoption of the State
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College Redevelopment Project Area predates CEQA, no Program EIR was prepared. Therefore, the
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Initial Study has been prepared to evaluate the potential environmental effects of reinstating eminent
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domain in the State College Redevelopment Project Area.
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Section 7.
The Mayor and Common Council hereby authorize the draft text amendment
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dated March 2003, the draft Report to Mayor and Common Council, dated March 2003, and Initial
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Study, dated March 2003, for release for public review and distribution to the taxing agencies and other
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interested parties.
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The Mayor and Common Council hereby authorize and consent to conducting a
Section 8.
24 joint public hearing with the Community Development Commission of the City of San Bernardino on
25 May 19, 2003 at the hour of7:00 p.m., or as soon thereafter as may be practicable, for the purpose of
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2003-83
considering an amendment to the Redevelopment Plan to reinstate the Agency's power to acquire
2 property by exercise of eminent domain. The City Clerk, in cooperation with the Agency Secretary, is
3 hereby authorized and directed to give notice of the joint public hearing as hereby ordered in the fonn
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Section 9.
This Resolution shall take effect upon its adoption and execution in th
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manner as required by the City Charter.
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A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO (1) ACCEPTING THE TRANSMISSION OF
THE PRELIMINARY 2003 EMINENT DOMAIN AMENDMENT TO THE
STATE COLLEGE REDEVELOPMENT PLAN ("AMENDMENT"), THE
INITIAL STUDY FOR THE AMENDMENT AND (2) SETTING THE JOINT
PUBLIC HEARING DATE OF MAY 19, 2003 AT 7:00 P.M. WITH THE
COMMUNITY DEVELOPMENT COMMISSION TO CONSIDER THE
AMENDMENT REINSTATING CERTAIN EMINENT DOMAIN POWERS
AND ADOPTION OF A NEGATIVE DECLARATION.
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2003-83
7 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
8 Common Council of the City of San Bernardino at a j t. reg.
meeting thereof, held on the
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7th day of April
, 2003, by the following vote to wit:
Aves Nays
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10 Council Members:
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ESTRADA
LONGVILLE
MCGINNIS
DERRY
SUAREZ
ANDERSON
MC CAMMACK
Abstain
Absent
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Approved as to form and Legal Content:
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By:
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lles, Mayor
San Bernardino
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