HomeMy WebLinkAbout2002-345
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RESOLUTION NO. _?'QQ2-345
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL MAKING
CERTAIN FINDINGS, DETERMINATIONS AND MODIFICATIONS TO
THE ADOPTED JULY 1, 2002 PROJECT AREA COMMITTEE (PAC)
PROCEDURES FOR THE UPTOWN REDEVELOPMENT PROJECT
AREA
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WHEREAS, the Mayor and Common Council have previously approved the
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Redevelopment Plan for the Uptown Redevelopment Project Area (the "Uptown Project Area")
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on June 16, 1986, which includes a portion of the commercial areas located on Highland
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Avenue, Baseline Avenue, Ninth Street and "E" Street plus a noncontiguous subarea located
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primarily between Third Street and Rialto Avenue and extending from 'T' Street to Mt. Vernon
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Avenue which is predominantly residential in land use; and
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WHEREAS, the Uptown Project Area as adopted contained a provision for the exercise
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by the Redevelopment Agency of the City of San Bernardino (the "Agency") of the powers of
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eminent domain to eliminate blight within the Uptown Project Area which powers have
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previously terminated on June 16, 1998, by the express provisions contained in the applicable
Redevelopment Plan; and
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WHEREAS, the Mayor and Common Council have previously initiated procedures for
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the purposes of amending the Uptown Project Area to reinstate the powers of eminent domain
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for the Agency in furtherance of continued redevelopment efforts within the Uptown Project
Area which powers are deemed to be vital for the continued elimination of blight within the
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Uptown Project Area; and
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WHEREAS, on July 1,2002, the Mayor and Common Council adopted Resolution No.
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2002-224 establishing certain procedures for the formation of a Project Area Committee
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("PAC") pursuant to Health & Safety Code Section 33385 and calling upon the residents and
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existing community organizations in the Uptown Project Area to form a PAC because it was
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reasonably believed that a substantial number of low- and moderate-income persons reside
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within the Uptown Project Area, and the amendment to the applicable Redevelopment Plan will
include the authorization for the exercise of the power of eminent domain by the Agency within
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the Uptown Project Area; and
WHEREAS, the Agency Staff has attempted on two separate occasions to obtain
individuals who are qualified pursuant to the Community Redevelopment Law ("CRL") to
participate as voting members of the PAC, and Staff has been unable to locate any individuals
who are residents of the Uptown Project Area willing to serve as members of the PAC, and
notwithstanding that of the eleven positions designated by the Mayor and Common Council
under said Resolution No. 2002-224 for there to be a representative PAC, only six applications
for membership have been received and on September 10 only two prospective PAC members
representing business interests appeared at a meeting duly called pursuant to valid notices for
the purpose of conducting the PAC elections; and
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WHEREAS, at said September 10 attempted PAC election meeting, it was determined
by Agency Staff to be a fruitless effort to continue at that time with the course of action to fill
the membership positions in the PAC without further authorization and direction from the
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Mayor and Common Council given the unique and unforeseen circumstances that have
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developed; and
WHEREAS, the CRL requires that in those instances when a PAC is required to be
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established, it shall remain in existence for a period of time that is not less than three (3) years
from the date of adoption of the amendment to the applicable Redevelopment Plan; and
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WHEREAS, it is necessary that the Mayor and Common Council proceed with the
adoption of the proposed amendments to the Uptown Project Area to reinstate the powers of
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eminent domain for the Agency in an effort to continue the ongoing progress of the Agency to
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eliminate blight within the Uptown Project Area; and
WHEREAS, it is reasonable for the Mayor and Common Council to continue to seek the
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formation of the PAC for a period of time equal to at least three years from the effective date of
the final adoption of the proposed amendment to the Uptown Project Area in the event at any
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later date after the date of this Resolution the residents and existing community organizations
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deem it desirable to actually participate in the formation and ongoing administration of the PAC
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for the purposes as intended by the CRL and in accordance with Resolution No.2002-224; and
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WHEREAS, the Uptown Project Area contains not more than 1,060 low- and moderate-
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income persons as compared to the total City of San Bernardino population of 185,40 I residents
of which on a City-wide basis account for a percentage that is less than I %, and comparing the
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low- and moderate-income persons residing within the Uptown Project Area to the total number
of low- and moderate-income persons on a City-wide basis of at least 89,470 low- and
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moderate-income persons, the Uptown Project Area contains less than 2% of all the low- and
moderate-income persons who reside within the City of San Bernardino; and
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WHEREAS, based upon the Agency Staff Report as submitted to the Mayor and
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Common Council at and prior to the time of adoption of this Resolution, the demographic facts
based upon the best available information do not corroborate that a substantial number of low-
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and moderate-income persons reside within the Uptown Project Area; and
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WHEREAS, it is the intent that the Staff of the Agency shall continue to work with,
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inform and coordinate all efforts regarding the proposed amendment to the Uptown Project Area
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with those existing community groups, business groups, religious organizations and other
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formal and informal organizations and groups such as the Baseline and Highland Business
Associations, the San Bernardino High School and DMV neighborhood associations; and
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2002-345
WHEREAS, the Agency Staff shall remain empowered by this action of the Mayor and
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Common Council to at anytime hereafter assist to the extent requested in the formation and
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ongoing administration of the PAC if and when deemed necessary or desirable by the residents
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and existing community organizations within the Uptown Project Area.
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NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND ORDERED B
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, AS FOLLOWS:
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Section I. The Mayor and Common Council hereby find and determine that the facts an
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circumstances set forth in the Recitals hereof are true and correct in all respects. The Mayor an
Common Council acknowledge that the Staff report as presented to the Mayor and Commo
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Council upon the adoption of this Resolution regarding the status of the formation of the PAC
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the dissemination of information with respect thereto and the calling upon of residents an
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existing community organizations to participate in the process shall be deemed to be in al
respects pursuant to Health & Safety Code Section 33385, et seq.
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Section 2. Based upon the facts set forth in the Recitals hereto and the accompanyin
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Staff Report, the Mayor and Common Council hereby direct Agency Staff to proceed with th
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mailing of notices and the preparation of all required final documentation to complete th
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process for the adoption of the proposed Amendment to the Redevelopment Plan for the Uptow
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Redevelopment Project Area. It is recognized by the Mayor and Common Council that sue
proposed amendment will have the effect of reinstating the authority of the Agency to exercis
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the power of eminent domain as to all properties without any limitation as to current uses, zonin
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or General Plan designations included within the Uptown Project Area.
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Section 3. Resolution No. 2002-224 as adopted by this Mayor and Common Council 0
July I, 2002, providing for the formation of the PAC and calling upon residents and existin
community organizations to participate as the PAC shall remain in full force and effect for
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period of time not less than three (3) years from the effective date of the adoption of th
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proposed amendment to the Uptown Project Area unless the Mayor and Common Council shall
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take such other action at a later date as deemed necessary under the circumstances. At any tim
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from and after the date of adoption of this Resolution until the expiration of the duration of th
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PAC, residents and existing community organizations may express their desire to the Agenc
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Staff to participate as the PAC subject to the qualifications and membership requirements as se
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forth in said Resolution No. 2002-224. Agency Staff shall be fully empowered to provide fo
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elections and the appointments of members to the PAC as authorized by said Resolution No.
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2002-224 for the period of time as specified herein.
Section 4. That the PAC procedures adopted by Resolution No. 2002-224, Section 401
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Categories, be amended to read as follows:
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The PAC is to be composed of a minimum of five (5) members, which shall include th
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number of representatives listed in each of the following categories:
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Catel!:orv
Number of Representatives
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At least I
At least I
At least 2
At least 1
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Residential Owner-Occupant
Residential Tenant
Business Owner (includes Property Owner)
Existing Community Organization
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TOTAL
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The PAC shall be deemed to be in existence from and after the time that at least five individuals offe
2 to serve on the PAC provided that as to the initial five PAC members each of the above set forth categories 0
3 membership need not be complied with if at least one residential representative from either of the tw
5 minimum requisite number of individuals is present, the election of the PAC shall be deemed to hav
4 residential membership categories is a member of the PAC. At the first meeting of the PAC at which th
6 occurred by the presence of such minimum number of individuals at such meeting. Such initial P A
7 members shall have a tenn in office of one year from and after the date of the first such meeting of the PAC
8 If at such meeting more than five individuals express a desire to serve on the PAC, then the individuals i
9 attendance shall be vote elect five individuals to serve a one-year tenn in office and the remaining individua
10 or individuals shall be elected to serve a two-year tenn in office. The membership of the PAC may b
11 increased from time to time but not to exceed the requisite maximum number of eleven individuals. At sue
12 time as there are eleven individuals serving on the PAC, the membership categories must be strictly complie
13 with as applicable for the full membership of eleven individuals. After the initial seating of the PAC of les
14 than eleven members, additional members may be added from time to time upon the recognition of the the
15 current PAC members that each such individual is qualified to serve on the PAC and for the appropriat
16 category of membership. In the event there are more candidates available than there are vacant seats on th
17 PAC at any such time, the then present PAC members and all other individuals who are qualified to vote fo
18 the election of members of the PAC shall conduct a vote for the remaining seats to be filled for either th
19 initial one-year tenn of office or thc two-year term of office. Elections shall be held annually thereafter and i
20 there are a number of individuals seeking membership in the PAC equal to or less than the number of seat
21 then scheduled to be vacated, including those which are already vacant, no further election shall be held an
22 all such individuals shall thereupon be seated for their respective terms in office upon their acceptance 0
23 such appointment. If a vacancy shall occur more than thirty days prior to the next annual PAC election, th
24 PAC shall vote for a replacement PAC member from those candidates seeking to participate in the PAC fo
25 the unexpired tenn until the next annual election for the particular seat thcn being vacated.
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Provided sufficient nomination applications arc received for each category of representation,
2 maximum of eleven (11) members, which would include the number of representatives, listed i
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Category
Number of Representatives
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Residential Owner-Occupant
Residential Tenant
Business Owner (includes Property Owner)
Existing Community Organization
Up to 2
Upto 2
Up to 6
Up to -1
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TOTAL
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Because of the voluntary nature of participation in the PAC as well as other constraints, i
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is possible that the number of representatives in one or more of the categories or the tota
membership may be below those levels set forth in the preceding portion of this Section 40 I.
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Such circumstances will not affect conduct of business by the PAC provided that a majority 0
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the members then serving on the PAC are present to constitute a quorum of the voting P A
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consideration shall require the affirmative vote of a majority of the quorum then present an
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members for the conduct of business of the PAC. All matters brought before the PAC fo
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qualified to act at such meeting at the time the vote is taken.
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Section 5. The Mayor and Common Council, based upon the facts set forth in the Recital
and the attached Staff Report, further find and determine that the Uptown Project Area contains no
more than 1,060 low- and moderate-income persons who may be affected by any exercise of th
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powers of eminent domain by the Agency. As compared to the entire population of the City of S
Bernardino, such number of affected residents does not comprise a substantial number a
compared to the entire population of the City of San Bernardino or as compared to the entir
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number of low- and moderate-income persons residing within the City of San Bernardino bu
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outside the Uptown Project Area. The Mayor and Common Council therefore find and determin
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that although pursuant to Health & Safety Code Section 33385 it would not be necessary to call fo
the formation of the PAC, the Mayor and Common Council deem it advisable and beneficial to th
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residents of the Uptown Project Area to continue the authorization for the existence of the PAC t
continue for the above referenced three-year period of time.
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2002-345
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL MAKING
CERTAIN FINDINGS, DETERMINATIONS AND MODIFICATIONS TO
THE ADOPTED JULY 1, 2002 PROJECT AREA COMMITTEE (PAC)
PROCEDURES FOR THE UPTOWN REDEVELOPMENT PROJECT
AREA
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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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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 j t. reg.
meeting thereof, held on the
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21st day of
October ,2002, by the following vote to wit:
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Abstain
Absent
Council Members:
Aves
Navs
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ESTRADA
LIEN
MCGINNIS
DERRY
SUAREZ
ANDERSON
MC CAMMACK
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~h'~J
Ra I G. Clark, City Clerk
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x
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X
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,2002.
The foregoing resolution is hereby approved this
October
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Content:
Approved a
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By:
st. It1;r) C i
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