HomeMy WebLinkAboutMC-1146
Adopted: June 16, 2003
Effective: July 17, 2003
ORDINANCE NO, MC-1l46
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AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO ADOPTING THE 2003 EMINENT DOMAIN
AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE STATE
COLLEGE REDEVELOPMENT PROJECT AND ADOPTING A NEGATNE
DECLARATION IN ACCORDANCE WITH THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
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WHEREAS, the City of San Bernardino ("City") is a charter city and mumClpa
corporation organized and existing under the Constitution and laws of the State of California'
and
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WHEREAS, the Redevelopment Agency of the City of San Bernardino ("Agency") is
public body, corporate and politic, organized and existing under the California Communi
Redevelopment Law, Division 24, Part I of the California Health and Safety Code (Health
Safety Code S 33000 et seq,) ("CRL"); and
WHEREAS, the Mayor and Common Council of the City ("Common Council"), b
adoption of Ordinance No. 3067, approved and adopted the Redevelopment Plan for the Stat
College Redevelopment Project; and
WHEREAS, the Common Council has subsequently adopted amendments
Redevelopment Plan for the State College Redevelopment Project as follows:
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(i)
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Common Council Ordinance No. MC-725; and
Common Council Ordinance No, MC-925; and
Common Council Ordinance No. MC-560; and
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WHEREAS, the Redevelopment Plan for the State College Redevelopment Project a
adopted by Common Council Ordinance No. 3067 and as amended by Common Counci
Ordinance No. 560, and as further amended by Common Council Ordinance No. 725 and a
further amended by Common Council Ordinance No, 925 is referred to herein as th
"Redevelopment Plan"; and
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WHEREAS, the Common Council has initiated proceedings for the adoption of the 2003
2 Eminent Domain Amendment to the Redevelopment Plan (the "2003 Amendment"); and
3 WHEREAS, the Redevelopment Plan delineates the redevelopment project area for th
4 State College Redevelopment Project (the "Project Area"); and
5 WHEREAS, the 2003 Amendment does not propose to modify the boundaries of th
6 Project Area but rather proposes to amend the Redevelopment Plan to extend the Agency'
7 eminent domain authority with respect to all non-residential portions of the Project Area until th
8 fortieth (40th) anniversary of the adoption of the Redevelopment Plan, as originally approved b
9 Common Council Ordinance No, 3067; and
10 WHEREAS, the Common Council consented to hold a joint public hearing with th
II Community Development Commission of the City of San Bernardino (the "Commission"), as th
12 governing board of the Agency, with respect to the 2003 Amendment, at which hearing any an
13 all persons having any objections to the 2003 Amendment, or the regularity of any prio
14 proceedings concerning the 2003 Amendment, would be allowed to appear before th
15 Commission and the Mayor and Common Council and show cause why the 2003 Amendmen
16 should not be adopted; and
17 WHEREAS, notice of the joint public hearing of the Commission and Mayor an
18 Common Council with respect to the 2003 Amendment and the Negative Declaration prepare
19 therefore in accordance with the California Environmental Quality Act ("CEQA") was given i
20 accordance with applicable law; and
21 WHEREAS, the joint public hearing of the Commission and Mayor and Commo
22 Council was duly held on June 2,2003; and
23 WHEREAS, all legal prerequisites to the passage of this Ordinance have occurred an
24 been taken in accordance with applicable law;
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NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY 0
SAN BERNARDINO DOES ORDAIN AS FOLLOWS:
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SECTION I. The purposes and intent of the Common Council with respect to the 2003
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Amendment is to extend the time limit on the Agency's exercise of eminent domain authori
with respect to certain non.residential portions of the Project Area thereby protecting an
promoting the sound redevelopment of the Project Area and the general welfare of th
inhabitants of the City by providing a method of property acquisition through the potential use 0
eminent domain in order for the Agency to be able to assemble parcels and attract redevelopmen
interest by insuring its ability to deliver property for redevelopment purposes.
SECTION 2. The Common Council hereby finds and determines that:
a. All facts set forth in the above Recitals are true and correct.
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b. The Common Council has previously found and determined in Ordinance No.
3067 that the Project Area is a blighted area, the redevelopment of which is necessary t
effectuate the public purposes declared in the CRL. The Common Council hereby further find
and determines that (i) such findings and determinations set forth in Ordinance No. 3067 ar
final and, (ii) the 2003 Amendment does not add territory to the Project Area or make any othe
revisions to the Redevelopment Plan that affect these previously-made findings an
determinations, (iii) such previously made findings and determinations remain valid an
effective, and (iv) no further finding or determination concerning blight in the Project Area i
required for the 2003 Amendment.
c. The Redevelopment Plan, as amended by the 2003 Amendment, will assist wi
the redevelopment of the Project Area in conformity with the CRL and in the interests of th
public peace, health, safety, and welfare,
d. The adoption and carrying out of the 2003 Amendment is economically sound an
feasible.
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e. The 2003 Amendment is consistent with and conforms to the General Plan of th
City including but not limited to the Housing Element ofthe General Plan.
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f. The carrying out of the 2003 Amendment will promote the public peace, health
2 safety, and welfare of the City and would effectuate the purposes and policies of the CRL.
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g,
The condemnation of real property, as provided for in the Redevelopment Plan a
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amended by the 2003 Amendment, is necessary to the execution of the Redevelopment Plan an
adequate provisions have been made for payment for property to be acquired, if any, as provide
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bylaw.
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h.
The Common Council, in Ordinance No. 3067, found and determined that th
8 Agency has a feasible method and plan for the relocation of families and persons displaced fro
9 the Project Area, if the implementation of the Redevelopment Plan should result in the tempor
10 or permanent displacement of any occupants of housing facilities in the Project Area, Th
II Common Council finds and determines that (i) such findings and determinations set forth i
12 Ordinance No. 3067, are final and conclusive; (ii) the 2003 Amendment does not add territory t
13 the Project Area or make any other revisions to the Redevelopment Plan that affect thes
14 previously-made findings and determinations; (iii) such previously-made findings an
15 determinations remain valid and effective; (iv) the implementation of the Redevelopment PI
16 pursuant to the 2003 Amendment will not result in the displacement of any person or househol
17 residing in a dwelling unit in the Project Area by exercise of eminent domain; and (v) no furthe
18 finding or determination concerning the foregoing is required for the 2003 Amendment.
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The Common Council, in Ordinance No. 3067, found and determined that ther
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are or are being provided in the Project Area, or in other areas not generally less desirable i
regard to public utilities and public and commercial facilities, and at rents or prices within th
financial means of the families and persons displaced from the Project Area, if any, decent, safe
and sanitary dwellings equal in number to the number of and available to the displaced familie
and persons and reasonably accessible to their places of employment. The Common Counci
finds and determines that (i) such findings and determinations set forth in Ordinance No. 3067
are final and conclusive; (ii) the 2003 Amendment does not add territory to the Project Area 0
make any other revisions to the Redevelopment Plan that affect these previously-made finding
and determinations; (iii) such previously-made findings and determinations remain valid an
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effective; (iv) the implementation of the Redevelopment Plan pursuant to the 2003 Amendmen
2 will not result in the displacement of any person or household residing in a dwelling unit in th
3 Project Area by exercise of eminent domain; and (v) no further finding or determinatio
4 concerning the foregoing is required for the 2003 Amendment.
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Families and persons shall not be displaced following the adoption of the 2003
6 Amendment prior to the adoption of a relocation plan pursuant to California Health and Safet
7 Code Sections 33411 and 33411.1, and dwelling units housing persons and families of low 0
8 moderate income shall not be removed or destroyed prior to the adoption of a replacemen
9 housing plan pursuant to California Health and Safety Code Sections 33334.5, 33413, an
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The time limitation on commencement of eminent domain proceedings containe
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12 In the Redevelopment Plan, as amended by the 2003 Amendment, is reasonably related t
13 projects to be implemented in the Project Area and to the ability of the Agency to eliminat
14 blight within the Project Area. The 2003 Amendment does not amend or affect any other tim
15 limitations or amend or affect the limitation on the number of dollars to be allocated to th
16 Agency that are contained in the Plan as amended by the 2003 Amendment.
17 SECTION 3. The Common Council hereby approves the 2003 Amendment:
18 Subparagraph f of paragraph 2 of Section D of the Redevelopment Plan IS
amended to read as follows:
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"[EDITORS NOTE: SECTION D. URBAN RENEWAL POWERS TO B
EXERCISED TO ACHIEVE PLAN OBJECTIVES...]
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[EDITOR'S NOTE: 2.
Acquisition and Clearance...]
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f. The Redevelopment Agency may acquire, purchase, lease, obtain option, 0
otherwise acquire any interest in real property, and any improvements on it by an
means authorized by law, including by gift, grant, exchange, purchase
cooperative negotiations, lease, and any other means authorized by law includin
the use of eminent domain for purposes of redevelopment in the Project Area a
authorized by law. Notwithstanding the provisions of the preceding sentence, th
Redevelopment Agency shall not acquire by eminent domain any property withi
the Project Area on which as of the date when the Redevelopment Agenc
transmits its written offer to acquire such property to the owner thereof i
accordance with Government Code Section 7267.2, or other applicable law
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person or persons reside, nor shall the Redevelopment Agency acquire by eminen
domain any property which is either designated under applicable General Plan 0
zoning regulations as residential property,
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With regard to the time period to exercise the Redevelopment Agency's power 0
eminent domain within the Project Area, the Agency shall not initiate leg
proceedings to acquire an interest in real property by the exercise of the power 0
eminent domain after April 27, 2010,
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The Redevelopment Agency is not authorized to acquire real property in th
Project Area owned by a public entity, which does not consent to suc
acquisition. The Redevelopment Agency may transfer real property which it ha
acquired from another public entity to private ownership before th
Redevelopment Agency completes land disposition within the entire Project Area
provided however that the Redevelopment Agency and such private owner shal
have first entered into a participation agreement relating to the redevelopment 0
such property.
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The Redevelopment Agency shall not acquire real property on which an existin
building is to be continued on its present site and in its present form and us
without consent of the owner, unless (I) such building requires structura
alterations, improvement, modernization or rehabilitation, or (2) the site or lot 0
which the building is situated requires modification in size, shape or use, or (3) i
is necessary to impose upon such property any of the standard, restrictions an
controls of the Plan and the owner fails or refuses to participate in the Plan b
executing a participation agreement."
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[EDITOR'S NOTE: end text of amendment to Redevelopment Plan reinstating eminen
domain powers of the Agency]
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SECTION 4. The Common Council designates the Redevelopment Plan, as amended b
the 2003 Amendment as set forth in Section 3 of this Ordinance (hereinafter, the "Amende
Plan"), as the official redevelopment plan for the State College Redevelopment Project.
SECTION 5. Prior to the opening of the joint public hearing at which this Resolution i
approved, the Common Council received an "Initial Study", as this term is defined in th
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California Environmental Quality Act, which was prepared for the Redevelopment Agency 0
the City of San Bernardino regarding the 2003 Amendment. The Notice of Intent to Adopt
Negative Declaration has been published as of May I, 2003 in The Sun and the Notice of Inten
was distributed for public comment to all responsible agencies and other interested persons b
United States Mail and was posted with the Clerk of the County as of May 2, 2003 for a perio
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of 20 days, The public comment period ended on May 22, 2003 and no written comment fro
any public agency of other interested person was received during such period of time, Th
Common Council has independently reviewed the Initial Study, In its independent discretion, th
Common Council hereby finds and determines that the Initial Study adequately describes th
2003 Amendment and accurately identifies and assesses all of the potentially significan
environmental effects or impacts associated with the implementation of the 2003 Amendment.
The 2003 Amendment does not present any significant environmental affects. The Commo
Council hereby finds and determines that there are no significant environmental effect
associated with the implementation of the 2003 Amendment, and the Common Council hereb
adopts a Negative Declaration for the 2003 Amendment. The Common Council acknowledge
that the State College Redevelopment Project was established prior to the enactment of th
California Environmental Quality Act and therefore no Program Environmental Impact Repo
(EIR) exists for the State College Redevelopment Project. In the absence of a Program EIR, th
Redevelopment Agency of the City of San Bernardino prepared an Initial Study to determine i
the proposed reinstatement of eminent domain would have any significant environmental effect
and whether an EIR should be prepared for the 2003 Amendment. Based on the Initial Stud
regarding the 2003 Amendment and the other information as submitted to the Common Counci
during the public hearing at which this Resolution was adopted, the Common Council hereb
finds and determines that no environmental impact report is required under the Califomi
Environmental Quality Act - CEQA (Public Resources Code Section 21000, et seq.) for th
adoption of the 2003 Amendment or the Ordinance approving and adopting the 2003
Amendment. The Common Council further finds that when considering the Initial Study and th
2003 Amendment as a whole that there is no evidence before the Common Council that the 2003
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Amendment will have potential for an adverse effect on wildlife resources on the habitat 0
which the wildlife depends. Accordingly, the Common Council hereby directs the City Clerk t
cause a Notice of Determination to be filed with the County Clerk for the Negative Declaratio
for the 2003 Amendment as hereby approved upon the adoption of this Ordinance approving th
2003 Amendment. Concurrently with the filing of the Notice of Determination for the 2003
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Amendment, the City Clerk shall also submit to the County Clerk a Certificate of Fee Exemptio
under Title 14 California Code of Regulations Section 753.5(c).
SECTION 6, The Common Council hereby authorizes and provides for the City of Sa
Bernardino's expenditure of money provided for the in the Amended Plan.
SECTION 7. The Agency is hereby vested with the responsibility for carrying out th
Amended Plan in accordance with the provisions thereof and of applicable law.
SECTION 8. The Common Council hereby declares its intention to
complete any proceedings necessary to be carried out by the City under the provisions of th
Amended Plan,
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SECTION 9. The City Clerk shall comply with the applicable procedures of the C
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with respect to the adoption of this Ordinance, including the transmission of a copy of thi
Ordinance to other public entities, if such be required.
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SECTION 10. If any section, subsection, subdivision, sentence, clause, phrase, or portio
of this Ordinance, is, for any reason, held to be invalid or unconstitutional by the decision of an
court of competent jurisdiction, such decision shall not affect the validity of the remainin
portions of this Ordinance. The Common Council hereby declares that it would have adopte
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this Ordinance and each, section subdivision, sentence, clause, phrase, or portion of thi
Ordinance, irrespective of the fact that one or more sections, subdivisions, sentences, clauses
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phrases, or portions of this Ordinance be declared invalid or unconstitutional.
SECTION II. The City Clerk shall cause a certified copy of this Ordinance to b
transmitted to the Agency.
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SECTION 12. The City Clerk shall certifY to the passage of this Ordinance and shal
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cause the same to be published as required by law,
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AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO ADOPTING THE 2003 EMINENT DOMAIN
AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE STATE
COLLEGE REDEVELOPMENT PROJECT AND ADOPTING A NEGA TNE
DECLARATION IN ACCORDANCE WITH THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
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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 i oint regula meeting thereof, held on the
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16th day of June
Council Members:
, 2003, by the following vote to wit:
Abstain
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ESTRADA
LONGVILLE
MCGINNIS
DERRY
SUAREZ
ANDERSON
MC CAMMACK
Ayes Navs
x
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---1L
~
x
---1L
Absent
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~~a~c~
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The foregoing resolution is hereby approved this 17th iyof
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June
,2003.
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Approved as to form and Legal Content:
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