HomeMy WebLinkAboutR34-Economic Development Agency
ECONOMIC DEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO
FROM:
Gary Van Osdel
Executive Director
SUBJECT:
ORIGINAL
CENTRAL CITY NORTH
REDEVELOPMENT PROJECT AREA
PLAN AMENDMENT - EMINENT
DOMAIN - REQUEST TO SCHEDULE
JOINT PUBLIC HEARING
DATE:
May 28, 2004
SvnoDsis of Previous Commission/Council/Committee Action(s):
On January 24, 2000, the Community Development Commission authorized the Executivc Director to prepare plan
amendments to reinstate eminent domain in the Central City North, Central City South, Central City East, Uptown and
Meadowbrook Project Areas.
On October 21, 2002, the Mayor and Common Council adopted a resolution for the procedures for the formation and
election of a Project Area Committee for the proposed redevelopment plan amendment for the Central City North
Project Area and calling for the formation of a Project Area Committee (PAC).
On October 21,2002, the Mayor and Common Council adopted a resolution modifying the scope of the proposed plan
amendment to reinstate eminent domain for all properties located within the Central City North Project Area.
On April 5, 2004, the Mayor and Common Council adopted a resolution acknowledging the results of an election of
Project Area Committee members and finding that all applicable procedures were followed in the election of the Project
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Recommended Motion(s):
(Community DeveloDment Commission)
MOTION A: A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF
SAN BERNARDINO SETTING THE JOINT PUBLIC HEARING DATE OF JULY 19, 2004 AT 4:00
P.M. WITH THE MAYOR AND COMMON COUNCIL TO CONSIDER THE AMENDED AND
RESTATED REDEVELOPMENT PLAN TO INCLUDE REINSTATING CERTAIN EMINENT
DOMAIN POWERS TO THE CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA
AND CERTIFCATION OF THE ENVIRONMENTAL IMPACT REPORT.
(Mavor and Common Council)
MOTION B: A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO SETTING THE JOINT PUBLIC HEARING DATE OF JULY 19,2004 AT 4:00 P.M.
WITH THE COMMUNITY DEVELOPMENT COMMISSION TO CONSIDER THE AMENDED
AND RESTATED REDEVELOPMENT PLAN TO INCLUDE REINSTATING CERTAIN
EMINENT DOMAIN POWERS TO THE CENTRAL CITY NORTH REDEVELOPMENT PROJECT
AREA AND CERTIFICATION OF THE ENVIRONMENTAL IMPACT REPORT.
_.------------------------------------------------------------ --------
Contact Person(s):
Gary Van OsdellMike Trout
Phone:
(909) 663-1044
I
Project Area(s)
Central City North
Ward(s):
Supporting Data Attached: 0 Staff Report 0 Resolution(s) 0 Agreement(s)/Contract(s) 0 Map(s) 0 LetterslMisc.
FUNDING REQUIREMENTS Amount: $
N/A
Source:
N/A
SIGNATURE:
N/A
Commission/COUDCil Notes:
'D~~~
~~endas\Conun ~v Commission\CDC 2004\0 ;~~-~~-;;do-:-----------------
COMMISSION MEETING AGENDA
Meeting Date: 06/07/2004
Agenda Item Number: ~
ECONOMIC DEVELOPMENT AGENCY
STAFF REPORT
Central City North Redevelooment Proiect Area Plan Amendment - Eminent Domain
- Request to Schedule Joint Public Hearine
BACKGROUND:
The Central City North Redevelopment Project Area was established on August 6, 1973 and
encompasses approximately 278 acres. With the improving local economy, the Agency is seeing
increasing development interest within the project area. In recognition of this trend, it is important
for the Agency to have a variety of tools available to assist redevelopment. One of the most effective
tools for redevelopment is the power of eminent domain. However, the power of eminent domain in
the Central City North Redevelopment Project Area expired on December 8, 1998.
On January 24, 2000, the Mayor and Common Council authorized the initiation of an amendment to
the Central City North Redevelopment Project Area Plan to re-establish the power of eminent domain
over only those properties that are within non-residential land use districts in the General Plan or are
currently being used for non-residential purposes.
October 21, 2002, the Mayor and Common Council modified the scope of the proposed plan
amendment to reinstate eminent domain over all properties within the Central City North Project
Area. The proposed amendment would reinstate the power of eminent domain for a period of twelve
(12) years.
Reinstating eminent domain in this project area and the Uptown Project Area has the potential to
result in direct physical changes in the environment by enabling the Mercado Santa Fe, the San
Bernardino Old Towne, and other expected projects to proceed. It is also reasonably foreseeable that
cumulatively significant impacts will result from the combined construction of several smaller
projects now in various stages of implementation. These include the widening of 1-215, the
construction of senior citizen housing projects, the construction of an elementary school and other
development projects. Due to the potential environmental and traffic impacts that may result from
these project area plan amendments, a Program EIR is required as opposed to a Mitigated Negative
Declaration. The most notable environmental issues would likely be transportation/circulation, air
quality, and changes in land use.
On November 18,2002, the Community Development Commission adopted a resolution authorizing
the execution of an agreement for professional services for the preparation of a Program
Environmental Impact Report (EIR) and related traffic study.
On March 26, 2003, Agency staff and the EIR consultant held a combined community scoping
meeting for both Central City North and Uptown project areas to receive input from the community
concerning possible alternatives and the development of the EIR. For the next several weeks Agency
staff and the EIR consultant worked together to develop the required alternatives in addition to the
principal project description.
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P;\Agendas\Comm Dev Commission\CDC 2004\04-06-07 CCN RPH SR.doc
COMMISSION MEETING AGENDA
Meeting Date: 06/07/2004
Agenda Item Number: ~
Economic Development Agency Staff Report
Central City North Redevelopment Project Area Plan Amendment
Page 2
A normal schedule for the effort would result in a completion and certification of the EIR in March or
April 2004. However, due to a turnover in personnel with the EIR consultant, the related traffic
studies that would accompany the EIR slipped past the initial deadline. This resulted in the
completion and certification schedule to be increased by four months.
CURRENT ISSUE:
Prior to holding a public hearing on the Central City North Project Area Amended and Restated Plan
and Environmental Impact Report, the Community Development Commission must formally
schedule a joint public hearing with the Mayor and Common Council. Staff recommends that the
joint hearing be scheduled for July 19, 2004 at 4:00 p.m.
ENVIRONMENTAL IMPACT:
The activity of scheduling a public hearing is exempt from CEQA requirements.
FISCAL IMPACT:
Based on contracts entered into with consultants for this amendment, the costs will total $132,986.
Funds for this activity have been approved and budgeted.
RECOMMENDATION:
That the Community Development Commission and Mayor and Common Council adopt the attached
Resolutions.
P;l,Agendas\Comm Dev Commission\CDC 2004\04-06-07 CCN RPH SR.doc
COMMISSION MEETING AGENDA
Meeting Date: 06/07/2004
Agenda Item Number: ~
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013
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025
RESOLUTION ~ -@j iF") \'v7
A RESOLUTION OF THE COMMUNITY DEVELOPMENT'COMMISSION
OF THE CITY OF SAN BERNARDINO SETTING THE JOINT PUBLIC
HEARING DATE OF JULY 19, 2004 AT 4:00 P.M. WITH THE MAYOR
AND COMMON COUNCIL TO CONSIDER THE AMENDED AND
RESTATED REDEVELOPMENT PLAN TO INCLUDE REINSTATING
CERTAIN EMINENT DOMAIN POWERS TO THE CENTRAL CITY
NORTH REDEVELOPMENT PROJECT AREA AND CERTIFICATION OF
THE ENVIRONMENTAL IMPACT REPORT.
12
WHEREAS, the Mayor and Common Council have previously adopted Ordinance No.
3366, dated August 6, 1973, which approved the Redevelopment Plan for the Central City
North Redevelopment Project (the "Redevelopment Plan") in accordance with the applicable
provisions of the Community Redevelopment Law (Health and Safety Code Section 33000 et
sea.); and
WHEREAS, the Redevelopment Plan has subsequently been amended by Ordinance No.
MC-561, dated December 8, 1986, by Ordinance No. MC-719, dated April 2, 1990, by
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Ordinance No. MC-920, dated December 20, 1994, and further amended by Ordinance No. MC-
1154, dated December 1,2003; and
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
within the redevelopment project area of the Central City North Redevelopment Project for
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community redevelopment purposes by grant, donation, negotiated purchase or lease or by
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exercise of eminent domain, which power to acquire land by eminent domain however, lapsed
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in 1998 under applicable provisions ofthe Community Redevelopment Law; and
WHEREAS, conditions of blight still persist in the redevelopment project area of the
Central City North 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
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to acquire property by exercise of eminent domain is restored; and
WHEREAS, it is appropriate for the Community Development Commission of the City
of San Bernardino (the "Commission") as the governing board of the Agency to take certain
action as provided in this Resolution with respect to the implementation of appropriate action to
prevent and eliminate the spread of blight in the redevelopment project area of the Central City
North Redevelopment Project.
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NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND
ORDER, AS FOLLOWS:
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Section I.
The recital paragraphs ofthis Resolution are true and correct.
The Community Development Commission acknowledges receipt of a
Section 2.
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Staff Report dated May 25, 2004, 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 North Redevelopment Project by exercise of eminent domain will foster and promote the
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elimination and prevention of the spread of blight in the redevelopment project area.
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The Community Development Commission hereby finds and determines
Section 3.
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that the proposed amendment to the Redevelopment Plan, as amended, to restore the Agency's
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power to acquire property by eminent domain may result in the residential displacement of low-
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income persons or household and in the residential displacement of any moderate-income
person or household. In view of this finding, the Community Development Commission hereby
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determines in accordance with Health and Safety Code Section 33385 that further consideration
of the proposed amendment to the Redevelopment Plan shall require the formation or
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consultation with a project area committee, as low- or moderate-income person or household
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may be displaced by any project which may be undertaken by the Agency on property hereafter
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acquired by eminent domain.
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Section 4.
The Community Development Commission hereby authorizes the draft
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text amendment dated May 2004, the draft Report to Mayor and Common Council, dated May
2004, and Environmental Impact Report, for release for public review and distribution to the
taxing agencies and other interested parties. Copies of said draft documents are on file with the
Secretary of the Redevelopment Agency of the City of San Bernardino.
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Section 5.
The Community Development Commission hereby authorizes and
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consents to conducting a joint public hearing with the Mayor and Common Council of the City
of San Bernardino on July 19, 2004 at the hour of 4:00 p.m., or as soon thereafter as may be
practicable, for the purpose of considering an amendment to the Redevelopment Plan to
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reinstate the Agency's power to acquire property by exercise of eminent domain. The City
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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.
The Resolution shall become effective immedi;1tely upon its adoption.
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013 Section 6.
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8 thereof, held on the day of
9 Commission Members: Aves
10 ESTRADA
11 LONGVILLE
MCGINNIS
12
DERRY
013 KELLEY
14
JOHNSON
15 MC CAMMACK
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~OI
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025
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A RESOLUTION OF THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF SAN BERNARDINO SETTING THE
JOINT PUBLIC HEARING DATE OF JULY 19,2004 AT 4:00 P.M. WITH
THE MAYOR AND COMMON COUNCIL TO CONSIDER THE
AMENDED AND RESTATED REDEVELOPMENT PLAN TO INCLUDE
REINSTATING CERTAIN EMINENT DOMAIN POWERS TO THE
CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA AND
CERTIFICATION OF THE ENVIRONMENTAL IMPACT REPORT.
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5
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
7 Community Development Commission of the City of San Bernardino at a
meeting
, 2004, by the following vote to wit:
Navs
Abstain
Absent
17
Secretary
18
day of
,2004.
The foregoing resolution is hereby approved this
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Judith Valles, Chairperson
Community Development Commission
of the City of San Bernardino
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24 By:
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RESO~~fPl1f
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO SETTING THE JOINT PUBLIC HEARING
DATE OF JULY 19, 2004 AT 4:00 P.M. WITH THE COMMUNITY
DEVELOPMENT COMMISSION TO CONSIDER THE AMENDED AND
RESTATED REDEVELOPMENT PLAN TO INCLUDE REINSTATING
CERTAIN EMINENT DOMAIN POWERS TO THE CENTRAL CITY.
NORTH REDEVELOPMENT PROJECT AREA AND CERTIFICATION OF
THE ENVIRONMENTAL IMPACT REPORT.
WHEREAS, the Mayor and Common Council have previously adopted Ordinance No.
3066, dated August 6, 1973, which approved the Redevelopment Plan for the Central City
North Redevelopment Project (the "Redevelopment Plan") in accordance with the applicable
provisions of the Community Redevelopment Law (Health and Safety Code Section 33000 et
]2 seq.); and
WHEREAS, the Redevelopment Plan has subsequently been amended by Ordinance No.
MC-561, dated December 8, 1986, by Ordinance No. MC-719, dated April 2, 1990, by
Ordinance No. MC-nO, dated December 20, 1994, and further amended by Ordinance No. MC-
1154, dated December I, 2003; and
WHEREAS, the Redevelopment Plan as amended in 1986 authorized the
Redevelopment Agency of the City of San Bernardino (the "Agency") to acquire property
within the redevelopment project area of the Central City North Redevelopment Project for
community redevelopment purposes by grant, donation, negotiated purchase or lease or by
exercise of eminent domain, which power to acquire land by eminent domain however, lapsed
in 1998 under applicable provisions of the Community Redevelopment Law; and
WHEREAS, conditions of blight still persist in the redevelopment project area of the
Central City North Redevelopment Project, and the resources available to the Agency to
implement the Redevelopment Plan, as amended and eliminate and reduce the spread of blight
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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 the spread of blight in the
redevelopment project area of the Central City North Redevelopment Project.
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NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND ORDERED
BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, AS
FOLLOWS:
Section 1.
The recital paragraphs of this Resolution are true and correct.
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Section 2.
The Mayor and Common Council acknowledge receipt of a Staff Report
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dated May 25, 2004, prepared by the Agency, which indicates that the restoration of the power
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and prevention of the spread of blight in the redevelopment project area.
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The Mayor and Common Council hereby find and determine that the
Section 3.
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proposed amendment to the Redevelopment Plan, as amended, to restore the Agency's power to
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acquire property by eminent domain may result in the residential displacement of low-income
persons or household and in the residential displacement of any moderate-income person or
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household. 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
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proposed amendment to the Redevelopment Plan shall require the formation or consultation
with a project area committee, as low- or moderate-income person or household may be
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displaced by any project which may be undertaken by the Agency on property hereafter
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acquired by eminent domain.
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Section 4. The Mayor and Common Council hereby authorize the draft text
amendment dated May 2004, the draft Report to Mayor and Common Council, dated May 2004,
and Environmental Impact Report, for release for public review and distribution to the taxing
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agencies and other interested parties. Copies of said draft documents are on file with the
Secretary of the Redevelopment Agency of the City of San Bernardino.
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 on July 19, 2004 at the hour of 4;00 p.m., or as soon thereafter as may be
practicable, for the purpose of considering an amendment to the Redevelopment Plan to
reinstate the Agency's power to acquire property by exercise of eminent domain. 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.
Section 6. This Resolution shall take effect upon its adoption and execution in th
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A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO SETTING THE JOINT PUBLIC HEARING
DATE OF JULY 19, 2004 AT 4:00 P.M. WITH THE COMMUNITY
DEVELOPMENT COMMISSION TO CONSIDER THE AMENDED AND
RESTATED REDEVELOPMENT PLAN 1lO INCLUDE REINSTATING
CERTAIN EMINENT DOMAIN POWERS! TO THE CENTRAL CITY
NORTH REDEVELOPMENT PROJECT AREA AND CERTIFICATION OF
THE ENVIRONMENTAL IMPACT REPORT.
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I HEREBY CERTIFY that the foregoing Resolutionwas duly adopted by the Mayor and
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Common Council of the City of San Bernardino at a
meeting thereof, held on the
8
day of
, 2004, by the following vote to wit:
9
Council Members:
Navs
Abstain
Absent
Aves
10
II
ESTRADA
LONGVILLE
12 MCGINNIS
15
DERRY
KELLEY
JOHNSON
16 MC CAMMACK
17
Rachel G. Clark, City Clerk
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The foregoing resolution is hereby approved this
day of
,2004.
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Judith Valles, Mayor
City of San Bernardino
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Approved as to form and Legal Content:
Byrf'=Y~
. ity Attorney .
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