HomeMy WebLinkAbout2001-329
(See Companion Resolution CDC/2001-41)
RESOLUTION NO. 2001-329
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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 CENTRAL CITY EAST
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.
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3571, dated May 3, 1976, which approved the Redevelopment Plan for the Central City East
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Redevelopment Project (the "Redevelopment Plan") in accordance with the applicable
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provisions of the Community Redevelopment Law (Health and Safety Code Section 33000 et
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seq.); and
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WHEREAS, concurrent with adoption of the Redevelopment Plan, the Mayor and
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Common Council certified a Final Environmental Improvement Report (the "1976 FEIR -
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Central City East") for the Redevelopment Plan as amended in accordance with the California
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Environmental Quality Act of 1970, as amended ("CEQA"); and
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WHEREAS, the Redevelopment Plan has subsequently been amended by Ordinance No.
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33470, and further amended by Ordinance No. MC-563, dated December 8, 1986; and
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WHEREAS, the Redevelopment Plan was further amended after 1986 by Ordinance No.
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MC-721, dated April 2, 1990, and by Ordinance No. MC-918, dated December 20, 1994; and
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WHEREAS, the Redevelopment Plan as amended in 1986 authorized the
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Redevelopment Agency of the City of San Bernardino (the "Agency") to acquire property
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within the redevelopment project area of the Central City East Redevelopment Project for
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community redevelopment purposes by grant, donation, negotiated purchase or lease or by
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2001-329
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exercise of eminent domain, which power to acquire land by eminent domain however, lapsed
in 1999 under applicable provisions of the Community Redevelopment Law; and
WHEREAS, conditions of blight still persist in the redevelopment project area of the
Central City East 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 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 of the City of San
Bernardino to take certain action as provided in this Resolution with respect to the
implementation of appropriate action to prevent and eliminate spread blight III the
redevelopment project area of the Central City East Redevelopment Project.
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 October 15, 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
East 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 acknowledges receipt from the Agency of a list of
properties (identified by assessor parcel number) in the redevelopment project area of the
Central City East 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 at the time of adoption of this resolution.
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2001-329
Section 3 The Mayor and Common Council hereby acknowledges its receipt and
2 approval of, a draft, dated October 15, 200 I, of the text of the proposed amendment to the
3 Redevelopment Plan, as previously amended, which, if finally adopted, shall reinstate the power
4 of the Agency to acquire certain non-residential use and/or occupied units in the project area for
5 twelve (12) years following the adoption of an ordinance of the Mayor and Common Council
6 approving such an amendment.
7 Section 4. The Mayor and Common Council hereby finds and determines that the
8 proposed amendment to the Redevelopment Plan, as amended, to restore the Agency's power to
9 acquire property by eminent domain shall not result in the residential displacement of any low-
10 income persons or household nor in the residential displacement of any moderate-income
11 person or household for the reason that the proposed amendment shall expressly limit the
12 Agency's power to acquire property for community redevelopment purposes to property which
13 is not residentially used or occupied. In view of this finding, the Mayor and Common Council
14 hereby determine in accordance with Health and Safety Code Section 33385 that further
15 consideration of the proposed amendment to the Redevelopment Plan shall not require the
16 formation or consultation with a project area committee, as no low-or-moderate income person
17 or household shall be displaced by any project which may be undertaken by the Agency on
18 property hereafter acquired by eminent domain.
19 Section 5. The Mayor and Common Council hereby acknowledges receipt of an Initial
20 Study, dated October 15, 2001, as prepared in accordance with CEQA with respect to the
21 proposed amendment to the Redevelopment Plan to restore eminent domain power of the
22 Agency to acquire non-residentially used or occupied properties in the redevelopment project
23 area of the Central City East Redevelopment Project. The Initial Study indicates that an
24 addendum to the 1976 FEIR - Central City East, shall be prepared in connection with the
25 consideration by the Community Development Commission of the City of San Bernardino and
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2001-329
the Mayor and Common Council at a public hearing of the proposed amendment to the
2 Redevelopment Plan, as amended. The Agency staff are hereby authorized and directed to
3 complete the addendum to the 1976 FEIR - Central City East for consideration by the Mayor
4 and Common Council at the time and date of the public hearing scheduled in Section 6 of this
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6 Section 6. The Mayor and Common Council hereby authorizes and consents to
7 conducting a joint public hearing with the Community Development Commission of the City of
8 San Bernardino, on November 19, 2001 at the hour of2:00 PM, or as soon thereafter as may be
9 practicable, for the purpose of considering an amendment to the Redevelopment Plan to
10 reinstate the Agency's power to acquire property by exercise of eminent domain with respect to
11 the properties identified on the Eminent Domain Restoration Listing. The City Clerk, in
12 cooperation with the Agency Secretary, is hereby authorized and directed to give notice of the
13 joint public hearing as hereby ordered in the form and manner required by the California
14 Community Redevelopment Law.
This Resolution shall become effective immediately upon its adoption.
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2001-329
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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 CENTRAL CITY EAST
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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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a joint regular meeting
thereof, held on the 15th day of October, 2001, by the following vote to wit:
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Council Members:
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ESTRADA
LIEN
MCGINNIS
SCHNETZ
SUAREZ
ANDERSON
MC CAMMACK
Aves Navs
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Abstain
Absent
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Rac G. Clark, City Clerk
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/0 In day of
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The foregoing resolution is hereby approved this
October
,2001.
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lJ t'LLf!./.--"
Judith'valles, Mayor
City ~f San Bernardino
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21 Approved as to form and Legal Content:
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