HomeMy WebLinkAbout2001-226
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(See Companion Resolutions 2001-225, CDC/2001-24, CDC/2001-25)
RESOLUTION NO. 2001-226
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RESOLUTIO~ 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 CENTRAL CITY SOUTH
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 RESTORE EMINENT DOMAIN
POWERS TO ACQUIRE NON-RESIDENTIALLY OCCUPIED
PROPERTY
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WHEREAS, the Mayor and Common Council have previously adopted
Ordinance No, 3572, dated May 3, 1976, which approved the Redevelopment Plan for the
Central City South Redevelopment Project (the "Redevelopment Plan") in accordance with
the applicable provisions of the Community Redevelopment Law (Health and Safety Code
Section 33000 et ~,) and concurrently therewith the Mayor and Common Council certified
a Final Environmental Improvement Report (the "FEIR - Central City South") for the
Redevelopment Plan in accordance with the California Environmental Quality Act of 1970,
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as amended ("CEQA"); and
WHEREAS, the Redevelopment Plan has subsequently been amended by
Ordinance No, MC-559, dated December 23, 1986, and further amended by Ordinance No,
MC-919, 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 Central City South 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 and the 1986
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2001-226
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amendment to the Redevelopment Plan, the power of the Agency to acquire property in the
redevelopment project area by exercise of eminent domain lapsed in 1998; and
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WHEREAS, conditions of blight still persist in the redevelopment project
area of the Central City South 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 Central City South Redevelopment Project.
NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER
AS FOLLOWS:
Section 1. 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 restoration of
the power of the Agency to acquire property in the redevelopment project area of the
Central City South Redevelopment Project by exercise of eminent domain 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
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2001-226
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list of properties (identified by assessor parcel number) in the redevelopment project area of
the Central City South Redevelopment Project which the Agency recommends for the
restoration of eminent domain acquisition powers (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.
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Section 3, The Mayor and Common Council hereby find and determine that
the proposed amendment to the Redevelopment Plan 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 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 hereafter acquired by eminent domain.
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Section 4, The Mayor and Common Council hereby acknowledges receipt
22 of an Initial Study, dated July 28,2001, as prepared in accordance with CEQA with respect
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24 the Agency to acquire non-residentially used or occupied properties in the redevelopment
25 project area of the Central City South Redevelopment Project. The Initial Study indicates
26 that an addendum to the FEIR - Central City South, shall be prepared in connection with the
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2001-226
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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 - Central City South for consideration by the Mayor and Common
Council at the time and date of the public hearing scheduled in Section 5 of this Resolution,
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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, 200 I 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 restore the Agency's power to acquire
property by exercise of eminent domain 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,
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2001-226
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
MAKING CERTAIN FINDINGS REGARDING A PROPOSED AMENDMENT OF THE
2 REDEVELOPMENT PLAN FOR THE CENTRAL CITY SOUTH 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
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This Resolution shall become effective immediately upon its adoption.
Section 6.
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
II LIEN
12 MCGINNIS
13 SCHNETZ
14 SUAREZ
15 ANDERSON
16 MCCAMMACK
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~ i:J,~
CI CLERK
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The foregoing Resolution is hereby approved this ~1t' day of_
July
, 2001.
24 Approved as to form and
legal content:
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JAMES F. PENMAN,
26 City Attorney
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SB200] 8972.]
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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 foregomlS 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 ,2001.
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City Clerk
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