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Home My WebLink About2001-225 2 3 4 5 6 7i , 8 9 10 III 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 S82001 8967.1 28 (See Companion Resolution 2001-226, CDC/2001-24, CDC/2001-25) RESOLUTION NO. 2001-225 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO MAKING CERTAIN FINDINGS REGARDING A PROPOSED AMENDMENT OF THE REDEVELOPMENT PLAN FOR THE MOUNT VERNON CORRIDOR REDEVELOPMENT PROJECT AND SETTING THE DATE OF A JOINT PUBLIC HEARING WITH THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO TO CONSIDER AN AMENDMENT TO THE REDEVELOPMENT PLAN TO EXTEND EMINENT DOMAIN POWERS TO ACQUIRE NON-RESIDENTIALLY OCCUPIED PROPERTY WHEREAS, the Mayor and Common Council have previously adopted Ordinance No, MC-733, dated June 25, 1990, which approved the Redevelopment Plan for the Mount Vernon Corridor 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 concurrently therewith the Mayor and Common Council certified a Final Environmental Improvement Report (the "FEIR - Mount Vernon") for the Redevelopment Plan in accordance with the California Environmental Quality Act of 1970, as amended ("CEQA"); and WHEREAS, the Redevelopment Plan has subsequently been amended by Ordinance No. MC-928 dated December 5,1994; and WHEREAS, the Redevelopment Plan authorizes the Redevelopment Agency of the City of San Bernardino (the "Agency") to acquire property within the redevelopment project area of the Mount Vernon Redevelopment Project for community redevelopment purposes by grant, donation, negotiated purchase or lease or by exercise of eminent domain, however, under applicable provisions of the Community Redevelopment Law the power of the Agency to acquire property in the redevelopment project area by exercise of eminent domain shall lapse in 2002; and 2 4 5 7 8 9 10 1l 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 SB200Ll 967.1 28 2001-225 WHEREAS, conditions of blight still persist in the redevelopment project area of the Mount Vernon Corridor Redevelopment Project, and the resources available to the Agency to implement the Redevelopment Plan and eliminate and reduce the spread of blight from the redevelopment project area will be enhanced and strengthened if the Agency's power to acquire property by exercise of eminent domain is restored; and WHEREAS, it is appropriate for the Mayor and Common Council to take certain action as provided in this Resolution with respect to the implementation of appropriate action to prevent and eliminate spread blight in the redevelopment project area of the Mount Vernon Corridor Redevelopment Proj ect. NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section I, The recital paragraphs of this Resolution are true and correct. Section 2. The Mayor and Common Council acknowledges receipt of a staff report dated June 28, 2001, prepared by the Agency, which indicates that the extension of the power of the Agency to acquire property in the redevelopment project area of the Mount Vernon Corridor Redevelopment Project by exercise of eminent domain after June 25, 2002, will foster and promote the elimination and prevention of the spread of blight in the redevelopment project area, The Mayor and Common Council further acknowledge receipt from the Agency of a list of properties (identified by assessor parcel number) in the redevelopment project area of the Mount Vernon Corridor 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 II I 2001-225 1 2 3 4 Redevelopment Project which the Agency recommends for the extension of eminent domain acquisition powers after June 25, 2002 (the "Eminent Domain Restoration Listing"), The Mayor and Common Council is further informed by the Agency that none of the properties identified on the Eminent Domain Restoration Listing is believed to be used or occupied for residential dwelling purposes. 5 Section 3, The Mayor and Common Council hereby find and determine that the proposed amendment to the Redevelopment Plan to extend the Agency's power to acquire property by eminent domain until the year 2014 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 on or after June 25, 2002, for the 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 used or occupied, In view of this finding, the Mayor and Common Council hereby determine in accordance with Health and Safety Code Section 33385 that further consideration of the proposed amendment to the Redevelopment Plan shall not require the formation or consultation with a project area committee, as no low-or-moderates income person or household shall be displaced by any project which may be undertaken by the Agency on property acquired by eminent domain on or after June 25,2002. Section 4, The Mayor and Common Council hereby acknowledges 22 receipt of an Initial Study, dated July 28, 2001, as prepared in accordance with CEQA 23 with respect to the proposed amendment to the Redevelopment Plan to extend eminent 24 domain power of the Agency to acquire non-residentially used or occupied properties in 25 the redevelopment project area of the Mount Vernon Corridor Redevelopment Project on 26 or after June 25, 2001. The Initial Study indicates that an addendum to the FEIR - Mount 27 S820011 967.1 28 1 2 :i 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2001-225 Vernon Corridor, shall be prepared in connection with the consideration by the Community Development Commission of the City of San Bernardino and the Mayor and Common Council at a public hearing of the proposed amendment to the Redevelopment Plan. The Agency staff are hereby authorized and directed to complete the addendum to the FEIR - Mount Vernon Corridor for consideration by the Mayor and Common Council at the time and date of the public hearing scheduled in Section 5 of this Resolution. Section 5. The Mayor and Common Council hereby authorize and consent to conducting a joint public hearing with the Community Development Commission of the City of San Bernardino, as the governing board of the Agency, on August 20, 2001 at the hour of 2:00 PM or as soon thereafter as may be practicable, for the purpose of considering an amendment to the Redevelopment Plan to extend the Agency's power to acquire property by exercise of eminent domain on or after June 25, 2002, with respect to the properties identified on the Eminent Domain Restoration Listing, The City 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 California Community Redevelopment Law, 1// 1// /1/ 1// 1// 1// 1// S0200 1 1 967.1 28 2001-225 I RESOLUTION OF THE MAYOR AND COMMON COUNClL OF THE CITY OF SAN BERNARDINO MAKING CERTAIN FINDINGS REGARDING A PROPOSED AMENDMENT OF THE 2 REDEVELOPMENT PLAN FOR THE MOUNT VERNON CORRDITOR REDEVELOPMENT PROJECT AND SETTING THE DATE OF A JOINT PUBLIC HEARING WITH THE COMMUNITY DEVELOPMENT 3 COMMISSION OF THE CITY OF SAN BERNARDINO TO CONSIDER AN AMENDMENT TO THE REDEVELOPMENT PLAN TO RESTORE EMINENT DOMAIN POWERS TO ACQUIRE NON. 4 RESIDENTIALLY OCCUPIED PROPERTY 5 Section 6. This Resolution shall become effective immediately upon its adoption. 6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 7 Common Council of the City of San Bernardino at a joint regular meeting thereof, 8 held on the 9th day of 9 COUNCIL MEMBERS: ,2001, by the following vote, to wit: July ABSTAIN ABSENT NAYS AYES 10 ESTRADA 11 LIEN 12 MCGINNIS 13 SCHNETZ 14 SUAREZ IS ANDERSON 16 MCCAMMACK 17 18 19 x - ---.lL x x ---.lL x x () / A /;J,~ ~ 20 21 22 23 The foregoing Resolution is hereby approved this IdTI1 day of July , 2001. 24 Approved as to form and legal content: ..~ VALLES, Mayor San Bernardino 25 JAMES F. PENMAN, 26 City Attorney 27 28 2 I 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 SB200118967.1 28 , STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, City Clerk of the City of San Bernardino, DO HEREBY CERTIFY that the foregomg and attached copy of Mayor and Common Council of the City of San Bernardino Resolution No, is a full, true and correct copy of that now on file in this office, IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the Mayor and Common Council of the City of San Bernardino this day of , 200 I. City Clerk