HomeMy WebLinkAboutMC-1104
Adopted: Sept. 17, 2001
Effective: October 18, 2001
ORDINANCE NO. MC-1104
AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO APPROVING THE SECTION 33352 REPORT TO THE
MAYOR AND COMMON COUNCIL AND ADOPTING THE 2001 EMINENT
DOMAIN AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE
CENTRAL CITY SOUTH REDEVELOPMENT PROJECT AND CERTIFYING
AN ADDENDUM TO THE 1976 ENVIRONMENTAL IMPACT REPORT
WHEREAS, the City of San Bernardino ("City") is a charter city organized and existing
under the Constitution and laws of the State of California; and
WHEREAS, the Redevelopment Agency of the City of San Bernardino ("Agency") is a
public body corporate and politic, organized and existing under the California Community
Redevelopment Law, Health and Safety Code Sections 33000, et seq, ("CRL"); and
WHEREAS, the Community Development Commission of the City of San Bernardino (the
"Commission") is the governing board of the Agency; and
WHEREAS, the Mayor and Common Council ofthe City ("Common Council"), by adoption
of Ordinance No, 3572 on May 3, 1976, approved and adopted the Redevelopment Plan for the
Central City South Redevelopment Project ("Original Plan"); and
WHEREAS, the Common Council, by adoption of Ordinance No. MC-564 on December 8,
1986, approved and adopted the First Amendment to the Original Plan ("First Amendment"); and
WHEREAS, the Mayor and Common Council, by adoption of Ordinance No. MC-724 on
April 2, 1990, approved and adopted the Second Amendment to the Original Plan, as amended
("Second Anlendment"); and
WHEREAS, the Common Council, by adoption of Ordinance No. MC-919 on December 20,
1994, approved and adopted the Third Amendment to the Original Plan, as amended ("Third
Amendment"); and
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WHEREAS, the Original Plan, as amended by the First Amendment, Second Amendment,
and Third Amendment is hereinafter referred to as the Redevelopment Plan; and
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WHEREAS, the Redevelopment Plan delineates the redevelopment project area for the
Central City South Redevelopment Project (the "Project Area"); and
WHEREAS, the Agency and Common Council have initiated proceedings for the adoption
of a further amendment to the Redevelopment Plan entitled "2001 Eminent Domain Amendment
to the Redevelopment Plan for the Central City South Redevelopment Project" (the "2001
Amendment"); and
WHEREAS, the 2001 Amendment shall reinstate the Agency's eminent domain authority
with respect to all non-residentially used or occupied property in the Project Area for a twelve (12)
year period, commencing on the effective date of this Ordinance; and
WHEREAS, the Mayor and Common Council consented to hold ajoint public hearing with
the Commission with respect to the 2001 Amendment, at which hearing any and all persons having
any obj ection to the 2001 Amendment, the proposed Addendum to the 1975 Environmental Impact
Report for the Redevelopment Plan for the Original Plan (the "Addendum to the 1976 EIR"), or the
regularity of any prior proceedings concerning the 2001 Amendment, was allowed to appear before
the Common Council and show cause why the 2001 Amendment should not be adopted; and
WHEREAS, notice ofthe joint public hearing ofthe Commission and Common Council with
respect to the 2001 Amendment and the Addendum to the 1976 EIR was prepared, published and
served by United States Mail in accordance with applicable law and a copy of the affidavit of
publication of such public notice and a declaration of service by United States Mail of such public
notice is on file in the Office of the City Clerk; and
WHEREAS, the joint public hearing ofthe Commission and Common Council was duly held
on August 20, 2001; and
WHEREAS, the Agency prepared the text of the 2001 Amendment as on file with the City
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WHEREAS, the Agency staff prepared a document entitled "Report to the Mayor and
Common Council on the 2001 Eminent Domain Amendment to the Redevelopment Plan for the
Central City Redevelopment Project" (the "33352 Report"); and
WHEREAS, the Common Council considered the information set forth in the Initial Study
prepared for the 200 I Amendment and the accompanying Addendum to the 1976 EIR in accordance
with CEQA Guidelines Section 15164 finding that the 2001 Amendment shall not result in any new
significant environmental effect or increase in severity of a previously identified environmental
effect that would require major revisions to the 1976 EIR; and
WHEREAS, the 2001 Amendment:
(i) does not change the boundaries of the Project Area;
(ii) does not modify the applicable limitations in the Redevelopment Plan on
indebtedness that the Agency may incur for the redevelopment of the Project Area;
(iii) does not modify or affect any provision of the Redevelopment Plan relating to the
allocation of taxes;
(iv) shall not result in the displacement of any person from a residential dwelling unit by
means of the Agency's exercise of the power of eminent domain to acquire any interest in property;
and
(v) apart from the reinstatement ofthe power ofthe Agency to acquire non-residentially
used or occupied property in the Project Area for a twelve (12) year period of time following the
effective date of this Ordinance, the 2001 Amendment shall not affect any other provision of the
Redevelopment Plan;
WHEREAS, all legal prerequisites of the Commission and the Common Council to the
passage of this Ordinance have been satisfied in accordance with applicable law.
NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO ORDAINS AS FOLLOWS:
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SECTION 1. The purposes and intent of the Common Council with respect to the 2001
Amendment is to reinstate the power of the Agency to acquire certain property by exercise of
eminent domain authority with respect to non-residential property in the Project Area, as set forth
in the 2001 Amendment, and thereby protect and promote the sound redevelopment of the Project
Area and the general welfare ofthe inhabitants ofthe City by providing a method of non-residential
property acquisition through the potential use of eminent domain for the Agency to assemble parcels
and attract redevelopment interest and investment by owner participants and developers of land,
who have entered into agreements and covenants on acceptable terms to the Agency for the
redevelopment of such land, consistent with the Redevelopment Plan, the City's General Plan and
applicable zoning regulations.
SECTION 2. Based on all public comments, both written and oral, received andlor
submitted at or prior to the joint pubic hearing of the Commission and Common Council on August
20, 2001; all staff reports and consultant reports prepared by or at the direction of the Agency and
the City; the staff and consultants' presentations submitted at the joint public hearing, including
without limitation the visual display of maps , graphs, charts and photographs and the oral comments
of interested persons submitted to the Commission and the Common Council at the joint public
hearing; the 33352 Report; the Initial Study and the Addendum to the 1976 EIR and the comments
as submitted with respect to the Addendum to the 1976 EIR and the text of the 2001 Amendment,
the Common Council hereby finds and determines that:
(i) the Project Area continues to display conditions of blight and the Project Area
remains as a blighted area, the redevelopment of which is and remains necessary to
effectuate the public purposes of the CRL. This finding is based in part on the
research and facts set forth in the 33352 Report;
(ii) the 2001 Amendment to the Redevelopment Plan shall assist the Agency to correct
and eliminate the spread of blight in the Project Area from commercially zoned and
used lands into residentially zoned and used lands in the Project Area by means of
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assisting owner participants under the terms of specific redevelopment agreements
and covenants acceptable to the Agency to consolidate parcels, eliminate obsolete
or blighted structures or conditions on commercial use property and preserve and
create new employment and private capital investment in the Project Area and
assisting developers under the terms of specific redevelopment agreements and
covenants acceptable to the Agency to consolidate parcels, eliminate obsolete
structures or conditions on commercial use property and presence and create new
employment and private capital investment in the Project Area.
SECTION 3. The Common Council hereby acknowledges its receipt ofthe 33353 Report
from the Agency. The Common Council hereby approves the 33353 Report in the form as submitted
at the joint public hearing for the adoption ofthe 2001 Amendment to the Redevelopment Plan. The
Common Council is satisfied that written findings have been adopted in response to the single
written objection received from a property owner before or at the noticed joint public hearing and
the single oral objection presented by a property owner at the joint public hearing on August 20,
200 I, The Common Council has considered all evidence and testimony presented at the August 20,
200 I, joint public hearing for or against the 2001 Amendment to the Redevelopment Plan, and the
Common Council hereby overrules the written and the oral objection to the 2001 Amendment to the
Redevelopment Plan.
SECTION 4. The Common Council hereby further finds and determines that:
a. All facts set forth in the above Recitals are true and correct.
b. The Common Council previously found and determined in Ordinance No. 3572 that
the Project Area is a blighted area, the redevelopment of which is necessary to effectuate the public
purposes declared in the CRL, and such findings and determinations set forth in Ordinance No. 3572
are final and conclusive and the 200 I Amendment does not add territory to the Project Area or make
any other revisions to the Redevelopment Plan affecting these previous findings and determinations
and such previous findings and determinations remain valid and effective, and no further findings
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or determinations concerning blight are required in connection with the adoption of the 2001
Amendment.
c. The Redevelopment Plan, as amended by the 2001 Amendment, will foster the
redevelopment of the Project Area in conformity with the CRL and in the interests of the public
peace, health, safety, and welfare.
d. The adoption and carrying out of the Redevelopment Plan, as amended by the 2001
Amendment, is economically sound and feasible.
e. The Redevelopment Plan, as amended by the 2001 Amendment, is consistent with
and conforms to the General Plan of the City, including but not limited to, the Housing Element of
the General Plan,
f. The carrying out of the Redevelopment Plan, as amended by the 200 I Amendment,
shall promote the public peace, health, safety, and welfare of the City and shall effectuate the
purposes and policies of the CRL.
g. The condemnation ofreal property, as provided for in the Redevelopment Plan, as
amended by the 2001 Amendment, is necessary to the implementation of the Redevelopment Plan,
and adequate provisions have been made for payment of just compensation for property to be
acquired, if any, as provided by law.
h. The Common Council previously found and determined that the Redevelopment Plan
provides a feasible method and plan for the relocation of families and persons displaced from the
Project Area, ifany. However, the implementation of the 2001 Amendment and the acquisition of
any property by exercise of eminent domain pursuant to such 2001 Amendment shall not result in
the temporary or permanent displacement of any occupants of housing facilities in the Project Area.
The Common Council hereby further finds and determines that (i) such findings and determinations
set forth in Ordinance No. 3572 are final and conclusive; (ii) the 2001 Amendment does not add
territory to the Project Area or make any other revisions to the Redevelopment Plan affecting these
previous findings and determinations, (iii) the 2001 Amendment shall not result in the displacement
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of any person from a residential dwelling unit as a result of the Agency's exercise of eminent
domain to acquire any property, (iv) such previous findings and determinations remain valid and
effective, and (v) no further finding or determination concerning the foregoing is required for the
2001 Amendment.
1. The Common Council, in Ordinance No. 3572, previously found and determined that
there are or are being provided in the Project Area, or in other areas not generally less desirable in
regard to public utilities and public and commercial facilities, and at rents or prices within the
financial means ofthe 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 families and
persons and reasonably accessible to their places of employment. The Common Council further
finds and determines that (i) such findings and determinations set forth in Ordinance No. 3572 are
final and conclusive; (ii) the 2001 Amendment does not add territory to the Project Area or make
any other revisions to the Redevelopment Plan that affect these previous findings and
determinations, (iii) the 2001 Amendment shall not result in the displacement of any person from
a residential dwelling unit as a result of the Agency's exercise of the power of eminent domain to
acquire any property, (iv) such previous findings and determinations remain valid and effective, and
(v) no further finding or determination concerning the foregoing is required for the 2001
Amendment,
J. Families and persons shall not be displaced prior to the adoption of a relocation plan
pursuant to CRL Sections 33411 and 33411.1, and dwelling units housing persons and families of
low or moderate income shall not be removed or destroyed prior to the adoption of a replacement
housing plan pursuant to CRL Sections 33334,5, 33413, and 33413.5.
k. The Common Council hereby finds that CRL Section 33367(d)(a) is not applicable
to the 2001 Amendment in light of the fact that the 2001 Amendment does not add territory to the
Project Area or make any other revisions to the Redevelopment Plan, except for the reinstatement
ofthe power of eminent domain.
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I. The Common Council hereby finds that CRL Section 33367( d)(l 0) is not applicable
to the 2001 Amendment in light of the fact that the 2001 Amendment does not add territory to the
Project Area or affect the allocation of tax increment revenues from the Project Area pursuant to
CRL Section 33670.
m. The Common Council hereby finds that CRL Section 33367( d)(11) is not applicable
to the 2001 Amendment in light of the fact that the 2001 Amendment does not add territory to the
Project Area or make any other revisions to the Redevelopment Plan, except for the reinstatement
of the power of eminent domain.
n, The Common Council hereby finds that CRL Section 33367( d)(12) is not applicable
to the 2001 Amendment in light of the fact that the 2001 Amendment does not add territory to the
Project Area or make any other revisions to the Redevelopment Plan, except for the reinstatement
of the power of eminent domain,
0, The time limitation on commencement of eminent domain proceedings contained in
the 2001 Amendment is reasonably related to the proposed projects to be implemented in the Project
Area and to the ability of the Agency to eliminate blight within the Project Area, The 2001
Amendment does not amend or affect any other time limitations or amend or affect the limitation
on the number of dollars to be allocated to the Agency contained in the Redevelopment Plan, as
amended by the 2001 Amendment.
p, The Common Council previously found in Ordinance No. 3572, and determined that
it was satisfied that permanent housing facilities will be available within three (3) years from the
time residential occupants of the Project Area are displaced, if any, and that pending the
development ofthe permanent replacement housing facilities, there will be available to the displaced
housing occupants, if any, adequate temporary dwelling facilities at rents comparable to those in the
City at the time of their displacement. The Common Council further finds and determines that the
provisions ofCRL Section 33367(e) are not applicable to the 2001 Amendment in light of the fact
that the 2001 Amendment does not add territory to the Project Area or make any other revisions to
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the Redevelopment Plan affecting these prevIOus findings and determinations and that the
implementation of the 2001 Amendment shall not result in the displacement of any person from
housing facilities in the Project Area by an exercise of the Agency's power of eminent domain.
SECTION 5. Prior to the opening of the joint public hearing at which this Ordinance is
adopted, the Common Council received the Initial Study prepared by the Economic Development
Agency of the City of San Bernardino regarding the 2001 Amendment. The Common Council
independently reviewed the Initial Study. In its independent discretion, the Common Council
hereby finds and determines that the Initial Study adequately describes the 2001 Amendment and
accurately identifies and assessed all of the potentially significant environmental effects or impacts
of the implementation of the 2001 Amendment.
The Common Council further finds and determines that, in 1976, a Program Environmental
Impact Report ("1976 EIR") was certified in conjunction with the adoption of the Original Plan.
In 1976, there was no time limit on the exercise of the power of eminent domain within the Project
Area by the Agency. Subsequently, the California Legislature imposed a statutory time limit on the
exercise of the power of eminent domain within the Project Area by the Agency. The imposition
ofthis statutory time limit has occasioned the 2001 Amendment to extend the time during which the
Agency may exercise the power of eminent domain within the Project Area. In 1976, it was
contemplated that the Agency would be able to exercise of the power of eminent domain within the
Project Area for the life ofthe Original Plan, Thus, the 2001 Amendment to extend the time during
which the Agency may exercise of the power of eminent domain within the Project Area does not
present any new significant environmental effects or any differences in the severity of previously
identified environmental effects and no new information that was not and could not have been
known when the 1976 EIR was certified shows any new significant environmental effects or any
differences in the severity of previously identified environmental effects would result from the
implementation of the 2001 Amendment. Therefore, the Common Council further finds and
determines that there are no new significant environmental effects or any differences in the severity
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of environmental effects associated with the implementation of the 2001 Amendment from those
identified in the 1976 EIR requiring major revisions to the 1976 EIR, under Public Resources Code
Section 21166 and Title 14 California Code of Regulations Section 15162. The Common Council
further finds and determines that no new information that was not and could not have been known
when the 1976 EIR was certified has become available showing that the implementation ofthe 2001
Amendment will have any new significant environmental effects or cause any differences in the
severity of previously identified environmental effects requiring major revisions to the 1976 EIR,
under Public Resources Code Section 21166 and Title 14 California Code of Regulations Section
15162.
Based on the Initial Study regarding the 2001 Amendment and the findings and
determinations of the Common Council set forth herein, the Common Council hereby finds and
determines that no revision or supplement to the 1976 EIR and no subsequent environmental impact
report is required under the California Environmental Quality Act (Public Resources Code Section
21000, et seq.) for the adoption of this Ordinance. The Common Council further finds and
determines that it is appropriate for the City to attach the Initial Study to the 1976 Program EIR, as
an Addendum, under Title 14 California Code of Regulations Section 15164,
The Common Council hereby authorizes and directs the City Clerk to file a Notice of
Determination consistent with the Common Council findings and determinations set forth in this
Ordinance, in accordance with Public Resources Code Section 21152 and Title 14 California Code
of Regulations Sections l5096(i) and 15094, and to attach the Initial Study to the 1976 EIR, as an
Addendnm, under Title 14 California Code of Regulations Section 15164.
SECTION 6. The Common Council hereby approves and adopts the 2001 Amendment, a
copy of which is on file with the City Clerk, and which 2001 Amendment is incorporated herein by
this reference, and the Common Council designates the Redevelopment Plan, as amended by the
2001 Amendment (hereinafter, the "Amended Plan") as the official redevelopment plan for the
Central City South Redevelopment Project.
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MC-1104
AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
1 BERNARDINO APPROVING THE SECTION 33352 REPORT TO THE MAYOR AND
COMMON COUNCIL AND ADOPTING THE 2001 EMINENT DOMAIN AMENDMENT TO
2 THE REDEVELOPMENT PLAN FOR THE CENTRAL CITY SOUTH REDEVELOPMENT
PROJECT AND CERTIFYING AN ADDENDUM TO THE 1976 ENVIRONMENTAL IMP ACT
3 REPORT
4
HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and
joint
Common Council of the City of San Bernardino at an-llajoumetl regular meeting thereof, held on
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the 17tWay of September, 2001, by the following vote, to wit:
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COUNCIL
S ESTRADA
LIEN
9 McGINNIS
SCHNETZ
10 SUAREZ
ANDERSON
McCAMMACK
AYES
X
X
X
NAYS
ABSTAIN ABSENT
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X
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~b.c~
Rae I G. Clark
14 APPROVED AND ADOPTED this I~ day of September
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IS
,2001.
19 Approved as to form and legal content:
20 BY~' ~ 9--~
City Attorney
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