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HomeMy WebLinkAboutR40-Economic Development Agency ECONOMIC DEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO FROM: Gary Van Osde] SUBJECT: Executive Drrector OR 1 G 1 N A L CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA PLAN - AMENDED AND RESTATED REDEVELOPMENT PLAN _pATE=---_~.lI':!~~, 2~04 _________________ Synopsis of Previous Commission/Council/Committee Action(s): On January 24, 2000, the Community Deve]opment Commission authorized the Executive 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 2],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 fmding that all applicable procedures were followed in the election of the Project Area Committee for the Central City North Redevelopment Project. On June 7, 2004, the Community Development Commission of the City of San Bernardino adopted a resolution setting a date and time, July 19, 2004 at 4:00 p.rn. for a public hearing to consider an Amended and Restated Redevelopment Amendment for the Central City North Redevelopment Project and Certification of the Environmental Impact Report. On June 7, 2004, the Mayor and Common Council of the City of San Bernardino adopted a resolution setting a date and time, July ]9, 2004 at 4:00 p.rn. for a public hearing to consider an Amended and Restated Redevelopment Amendment for the Central City North Redevelopment Project and Certification of the Environmental Impact Report. On July 19, 2004, a Joint Public Hearing of the Mayor and Common Council of the City of San Bernardino was held to consider an Amended and Restated Redevelopment Amendment for the Central City North Redevelopment Project and _.f!!rtific-,,-ti~'!..oft!t_,,- Envi!E.~"-!'~!.!l!'P.,,-~t R!!pE.~___________________________________ Recommended Motion(s): (Community Development CommissionlMavor and Common Council) Contact Person(s): Project Area(s) Gary Van OsdellMike Trout Central City North Phone: Ward(s): (909) 663-1044 I Supporting Data Attached: 0 Staff Report 0 Resolution(s) 0 Ordinance 0 Map(s) 0 LetterslMisc. SIGNATURE: Source: N/A N/A FUNDING REQUIREMENTS I2-e:;o ~ c~ ~-<-'l ~O::I 7<04- 2$ ?OO'\- UI;. P:\Agendas\Conun Dev Commission\CDC 2004\04-08-16 CCN SRdoc COMMISSION MEETING AGENDA Meeting Date: 08/16/2004 Agenda Item Number: .f!J./J- THAT SAID RESOLUTIONS BE ADOPTED AND THAT SAID ORDINANCE BE LAID OVER FOR FINAL ADOPTION. MOTION A: RESOLUTION OF TIlE COMMUNITY DEVELOPMENT COMMISSION OF TIlE CITY OF SAN BERNARDINO AS A RESPONSIBLE AGENCY UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS, AND MAKING FINDINGS THAT A FINAL PROGRAM ENVIRONMENTAL IMPACT REPORT, AND THE MITIGATION MONITORING PLAN FOR THE REINSTATEMENT OF EMINENT DOMAIN POWERS IN THE REDEVELOPMENT PROJECT AREAS OF THE UPTOWN REDEVELOPMENT PROJECT AND TIlE CENTRAL CITY NORTH REDEVELOPMENT PROJECT FULLY AND ADEQUATELY ADDRESS TIlE POTENTIAL ENVIRONMENTAL EFFECTS OF THE APPROVAL BY TIlE COMMISSION OF SUCH REDEVELOPMENT PLAN AMENDMENTS. MOTION B: RESOLUTION OF TIlE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, MAKING FINDINGS REGARDING CONDITIONS OF BLIGHT IN THE REDEVELOPMENT PROJECT AREA OF TIlE CENTRAL CITY NORTIl REDEVELOPMENT PROJECT; APPROVING TIlE SECTION 33352 REPORT TO TIlE MAYOR AND COMMON COUNCIL ON TIlE 2004 AMENDED AND RESTATED REDEVELOPMENT PLAN FOR TIlE CENTRAL CITY NORTIl REDEVELOPMENT PROJECT AND APPROVING TIlE 2004 AMENDED AND RESTATED EMINENT DOMAIN AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE CENTRAL CITY NORTIl REDEVELOPMENT. MOTIONC: RESOLUTION OF TIlE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ADOPTING WRITTEN RESPONSES TO WRITTEN AND ORAL OBJECTIONS TO THE AMENDED AND RESTATED PLAN FOR TIlE CENTRAL CITY NORTIl REDEVELOPMENT PROJECT AREA. MOTION D: ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ADOPTING TIlE 2004 AMENDED AND RESTATED REDEVELOPMENT PLAN FOR TIlE CENTRAL CITY NORTIl REDEVELOPMENT PROJECT P:\Agendas\Comm Dev Commission\CDC 2004\04-08-16 CCN SR.doc COMMISSION MEETING AGENDA Meeting Date: 08/16/2004 Agenda Item Number: tflf) ECONOMIC DEVELOPMENT AGENCY STAFF REPORT Central Citv North Redevelopment Proiect Area Plan - Amended and Restated Redevelopment Plan 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. As a result of the Mayor and Common Council modifYing the scope of the proposed plan amendment to include all properties within the Central City North Project Area, the Mayor and Common Council approved and adopted the procedures to be used for the formation of a Project Area Committee ("PAC") for the Central City North Redevelopment Project Area and calling upon the citizens of the City to participate in the PAC. 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. P:\Agendas\Comm Dev Commission\CDC 2004\04-08-16 CCN SR.doc COMMISSION MEETING AGENDA Meeting Date: 08/16/2004 Agenda Item Nnmber: M- Economic Development Agency Staff Report Central City North Redevelopment Project Area Plan Amended and Restated Redevelopment Plan Page 2 On December 10, 2002, mailers were sent to residents, businesses, organizations and property owners within the Central City North Redevelopment Project Area concerning the December 18, 2002 community meeting concerning the Initial Study and input concerning the scope of the Environmental hnpact Report for the Central City North Redevelopment Project Area. On December 18, 2002, Agency staff conducted a combined Uptown and Central City North Redevelopment Project Area community meeting to introduce the environmental consultant and to provide draft copies of the Initial Study which stated that since the proposed project may have a significant effect on the environment, an environmental impact report was required. On February 10, 2003, mailers were sent to residents, businesses, organizations and property owners within the Central City North Redevelopment Project Area concerning the February 20, 2003 public workshop on the proposed amendment to the Central City North Redevelopment Project Area Plan and PAC information meeting. Additionally, the mailer informed the residents, businesses, organizations and property owners within the Central City North Redevelopment Project Area of the PAC election on April 1 , 2003 On February 20, 2003, Agency staff conducted a public information workshop to present the proposed amendment, explain the amendment process, and answer questions of the attendees. This workshop was announced by mailed notices to the property owners and site addresses in the Central City North Redevelopment Project Area. On March 12, 2003, mailers were sent to residents, businesses, organizations and property owners within the Central City North Redevelopment Project Area concerning the March 26, 2003 scoping meeting for the Environmental hnpact Report for the Central City North Redevelopment Project Area informing the community of the scope of the Environmental hnpact Report and take comments from the public. 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 for the EIR. 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. On April 1, 2003, Agency staff conducted a PAC formation election for the purpose of creating a PAC from property owners, residences and business owners within the Central City North Project Area. However, the election did not take place due to the fact that there was not a sufficient number of PAC applications submitted. P:\Agendas\Comm Dcv Commission\CDC 2004\04-08-16 CCN SR.doc COMMISSION MEETING AGENDA Meeting Date: 08/16/2004 Agenda Item Number: t'.<f'l) Economic Development Agency Staff Report Central City North Redevelopment Project Area Plan Amended and Restated Redevelopment Plan Page 3 Since there was not a sufficient number of PAC applicants to hold an election and due to the fact that it would be several months before there would be any documents concerning the EIR and amendment to the redevelopment plan for the PAC to review, it was determined to hold off on further action to organize a PAC until there were documents available for review. This would also allow Agency Staff more time to develop support for a PAC formation. On February 5, 2004, mailers were sent to residents, businesses, organizations and property owners within the Central City North Redevelopment Project Area concerning the February 19,2004 PAC information meeting. Additionally, the mailer informed the residents, businesses, organizations and property owners within the Central City North Redevelopment Project Area of the PAC election on March 11, 2004. On February 19, 2004, Agency Staff conduct a PAC formation meeting to explain the need and importance of a PAC. Agency Staff informed those present that being a member of the PAC and working with the PAC provides residents, businesses, organizations and property owners within the project area the opportunity to safeguard their interests and to provide input into the redevelopment process involving their neighborhoods. On March 11, 2004, Agency staff conducted the PAC formation election in which three (3) individuals were elected thereby forming a PAC for the Central City North Redevelopment Project Area. The election was over seen by the City Clerk's Office. Subsequently, the Mayor and Common Council adopted a resolution, on April 5, 2004, acknowledging the results of the Central City North PAC election. On July 7, 2004, the Central City North PAC voted to recommend to the Mayor and Common Council and the Community Development Commission to adopt the 2004 Amended and Restated Redevelopment Plan for the Central City North Redevelopment Project. On July 19,2004, the Mayor and Common Council and the Community Development Commission of the City of San Bernardino held a Joint Public Hearing in which thefle were written and oral objections received concerning the adoption of the Amended and Restated Plan for the Central City North Redevelopment Project Area. The public hearing was closed and the items were continued to August 16, 2004 to provide staff sufficient time to prepare written responses as required by the California Redevelopment Law ("CRL"). The Central City North Redevelopment Project was adopted in 1973. Conditions of blight which existed at the time of adoption of the Redevelopment Plan were extensive and substantial. The Redevelopment Project Area of the Central City North Redevelopment Project (the "Project Area") remains blighted today. One tool which the Agency may use to address conditions of blight in appropriate situations - the exercise of eminent domain -lapsed in the Project Area in 1998. The proposed Amendment to the Redevelopment Plan will reinstate the power of the Agency to acquire land by eminent domain to August 6, 2013. P:\Agendas\Conun Dev Commission\CDC 2004\04-08-16 CCN SR.doc COMMISSION MEETING AGENDA Meeting Date: 08/16/2004 Agenda Item Number: ~ Economic Development Agency Staff Report Central City North Redevelopment Project Area Plan Amended and Restated Redevelopment Plan Page 4 The Project Area includes deteriorated commercial frontage lots abutting either side of some of the principal streets in the center of the City. Approximately forty percent (40%) of the properties within the Project Area are for residential use and it estimated that more than 2,000 individuals may reside in the Project Area. In an older commercial area such as the Project Area where small substandard lot sizes are so prevalent, an important element of an effective program to address actual conditions of blight is the ability to assemble small parcels of land under separate ownerships into useable sites under current-day standards. The reinstatement of the condemnation power for the Agency is believed to be an important factor in addressing conditions of blight which remain in the Project Area. As long as the ability of the Agency to acquire land for specific redevelopment activities is limited to negotiated purchase, grant, exchange or other voluntary forms of sale, the potential for sustained and large scale redevelopment of the property in the Project Area involving multiple parcels of land is limited. This is especially so when existing owners and other persons who are prepared to invest new capital in the community cannot expand or acquire land of adequate size and shape for development and use under current City standards. The evidence of blight in the Project Area is readily apparent to anyone who drives along its principal streets. One striking factor of the Project Area is the relative absence of any visible new construction or rehabilitation activity though one senior housing complex has been completed and another senior housing complex is near completion. Since the time of adoption of the Redevelopment Plan in 1973 little in the way of new improvements of rehabilitation has occurred and nearly one third (113) of the individual lots in the Project Area are currently vacant. Many of these currently vacant lots were formerly improved with structures which over the years became so dilapidated and substandard, that the owners were compelled to remove them. The proposed Amended and Restated Redevelopment Plan will not only reinstate the Agency's power of eminent domain but also incorporates all previous amendments and current California Redevelopment Law ("CRL"). The Agency's power to acquire property by eminent domain expired in 1998. In general, the Agency has used the power of eminent domain in the past in its redevelopment project areas only in a few exceptional circumstances and for specific redevelopment project activities. The Agency has not acquired any property in the Project Area by eminent domain at any time since its adoption in 1973. Over the years, a vast majority of the land which the Agency has acquired in its various redevelopment project areas has been acquired by negotiated purchase. Since 1973, the Agency has acquired certain property in the Project Area by negotiated purchase but at this time, the Agency has not been able to assemble enough land by negotiated purchase for an effective redevelopment activity involving multiple parcels of land to deal with conditions of blight on a large scale. Under current circumstances, without eminent domain authority the Agency cannot plan for or assume that all of land which is necessary for a specific redevelopment activity will be available to the Agency under a negotiated purchase arrangement. In such a situation, the Agency cannot make realistic and feasible plans to assist owners or third parties who are prepared to eliminate blight under specific and enforceable terms involving multiple parcels of land, since the otherwise available land is not useable or new development is not economically feasible without additional land to solve specific conditions P:\Agendas\Corrm Dev Commission\CDC 2004\04-08-16 CCN SR.doc COMMISSION MEETING AGENDA Meeting Date: 08/16/2004 Agenda Item Nnmber: RY' () Economic Development Agency Staff Report Central City North Redevelopment Project Area Plan Amended and Restated Redevelopment Plan Page 5 of blight. Without the reinstatement of the power of eminent domain, the range of the Agency's ability to foster redevelopment in the Project Area is greatly reduced. The California Redevelopment Law ("CRL") authorizes an Agency to reinstate the power of eminent domain after it has lapsed in a Redevelopment Project Area, if the Agency finds that conditions of blight still persist in the Redevelopment Project Area. Accordingly, the Agency has previously initiated certain actions to consider the adoption of the Amended and Restated Redevelopment Plan for the Project Area which reinstates the power of eminent domain to August 6, 2013. Section 33352 of the Community Redevelopment Law ("CRL") states that when the Agency submits an amendment to the redevelopment plan to the Mayor and Common Council ("Council") for adoption, the Agency must also submit a report entitled the Report to Mayor and Common Council ("Report"). For a redevelopment plan amendment, the contents of the Report are only those portions warranted by the proposed amendment. The purpose of this Report is to provide, in one document, all information, documentation, and evidence regarding the 2004 Amendment to assist the Council in its consideration and in making various findings and determinations that are legally required to adopt the 2004 Amended and Restated Redevelopment Plan for the Project Area. This report to the Council has been prepared in accordance with all requirements of Section 33457.1 and 33352 of the CRL. The Section 33352 Report to the Council; the resolution of the Community Development Commission dealing with the EIR; the resolution of the Community Development Commission dealing with the Section 33352 Report to the Mayor and Common Council; and the ordinances of the Council adopting the Amended and Restated Redevelopment Plan for the Project Area were previously transmitted to the Council and Community Development Commission in the "Black Binder" provided at the Joint Public Hearing on July 19, 2004. CURRENT ISSUE: On July 19, 2004, the Council and the Community Development Commission of the City of San Bernardino held a legally noticed joint public hearing on the proposed adoption of the Amended and Restated Plan to the Project Area, Amendment to the Uptown Redevelopment Project Area Plan, the Program Enviromnental hnpact Report, and other entitlements. The public testimony portion of the joint public hearing was opened, oral and written testimony was received and the public testimony session was closed. The joint meeting of Common Council and the Commission was then continued to August 16, 2004 to consider written and oral objections to the adoption of the Amended and Restated Plan to the Project Area. Section 33367 of the CRL requires that before considering an adoption of an amendment to a redevelopment plan, the legislative body, the Common Council, shall evaluate all evidence and testimony, both for and against the adoption of the amendment to the redevelopment plan, and make written findings in response to each written objection of an affected property owner or taxing entity. Attached to this staff report is Exhibit A "Written Responses and Findings to Written and Oral Objections". This Written Response and Finding is organized into two (2) parts. Part I contains the COMMISSION MEETING AGENDA Meeting Date: 0811612004 Agenda Item Nnmber: if tj IJ P:\AieadU\Co1Dn Dcv Comninicm\COC 2004'D+08-t6 CCN SR.doc Economic Development Agency Staff Report Central City North Redevelopment Project Area Plan Amended and Restated Redevelopment Plan Page 6 written response and findings of the Council with respect to the written objections of interested persons as presented prior to or at the time of the joint public hearings. Although the CRL does not require the Council to consider or prepare a written response and finding with respect to oral objections to a proposed amendment to a redevelopment plan, nevertheless and without waiving the power of the Council to overrule an oral objection without first making a written response and approving certain findings in support of overruling such an oral objection, a set of written responses and findings regarding the oral objections has also been prepared. Accordingly, Part II of the Written Response and Findings contains a written response and finding of the Council with respect to each of the oral objections presented at the time of the joint public hearings on July 19, 2004. In Part I the text of each of the three (3) written objections is presented followed by a written response and finding of the Council as relates to the written objection. It should be noted that no affected taxing entity submitted any objection to the proposed redevelopment plan amendments. Part II is set up differently, as it deals with oral testimony and objections. A written response and finding ofthe Council is presented for each of the twelve (12) oral objections submitted. Also included are four (4) attachments. Attachment No.1 is a verbatim transcription of the oral testimony of each of the twelve (12) individuals who presented oral. Attachment No.2 is a copy of all of the "speaker slips" submitted by interested persons to the City Clerk at the time of the joint public hearings on July 19, 2004. Attachment No.3 is a sunnnary of mailed notice contact information for those persons submitting speaker slips at the Joint Public Hearing. Attachment No.4 is redevelopment agency property acquisition relocation polices and guidelines and responses to frequently asked questions regarding property acquisition and relocation. By adopting the attached resolutions of the Community Development Commission, the Commission will be adopting the Environmental Impact Report; the 33352 Report and the proposed eminent domain amendment and authorize Agency staff to transmit the Report to the Council and 2004 Amended and Restated Redevelopment Plan for the Project Area to the Council. By adopting the attached resolution, the Council will adopt the written responses to written and oral objections to the Amended and Restated Plan for the Project Area. ENVIRONMENTAL IMPACT: The Agency and the City of San Bernardino retained Lilburn Corporation to prepare an Initial Study to determine potential impacts related to the reinstatement of eminent domain and other entitlement actions. At their meeting of February 5, 2004 the Development/Environmental Review Committee (DIERC) reviewed the Initial Study prepare for the Central City North and Uptown Redevelopment Project Area Plans, and other entitlement actions. The DIERC concurred that the Initial Study adequately addressed the issues and determined that a Program Environmental Impact Report (EIR) would be required. P:\Agendas\Conun Dev Commission\CDC 2004\04-08-16 CCN SR.doc COMMISSION MEETING AGENDA Meeting Date: 08/16/2004 Agenda Item Number: Je.C; 0 Economic Development Agency Staff Report Central City North Redevelopment Project Area Plan Amended and Restated Redevelopment Plan Page 7 The Agency and the City retained LSA Associates to prepare the EIR. The notice of Preparation was published in the San Bernardino County Sun and public agencies. The public review period for the Notice of Preparation was February 17,2004 through March 17, 2004. Upon completion of the Draft Program EIR, the Notice of Completion was published in the San Bernardino County Sun. The Draft Program EIR was made available for public review at the City of San Bernardino Development Services Department, the Feldheym Central Library, and the City of San Bernardino web site. It was also distributed to public agencies and made available to the D/ERC, Planning Commission, and Mayor and Common Council. The public review period was April 8, 2004 through May 29, 2004. Comments were received from four agencies and are included in the Final Program EIR along with staff responses. As analyzed in the Draft Program EIR, the impacts that cannot be mitigated to a level of less than significant with mitigation measures are certain air quality and traffic impact related to the development of the Mercado Santa Fe project. There are no significant impacts related to the reinstatement of eminent domain. FISCAL IMPACT: Based on contracts entered into with consultants for this amendment, the costs will total $132,986. Funds for this activity have been budgeted and approved. RECOMMENDATION: That the Community Development Commission and Mayor and Common Council adopt Motion A, B, C, and D. /. /" E A. Written Responses and Findings to Written and Oral Objections COMMISSION MEETING AGENDA Meeting Date: 08/16/2004 Agenda Item Number: If If () P:\Agendas\Corran Dev Commiuion\COC 2004\04-08-16 CCN SR.doc EXHIBIT " A>> WRITTEN RESPONSES AND FINDINGS TO WRITTEN AND ORAL OBJECTIONS RECEIVED PRIOR TO OR AT THE JULY 19,2004 JOINT PUBLIC HEARINGS FOR THE AMENDED & RESTATED REDEVELOPMENT PLAN FOR THE CENT~CITYNORTHPROffiCTAREA AND THE AMENDMENT TO THE UPTOWN REDEVELOPMENT PROJECT AREA PLAN AND THE SECTION 33352 BLIGHT REPORTS TO THE MAYOR AND COMMON COUNCIL FOR THE CENT~ CITY NORTH REDEVELOPMENT PROffiCT AREA AND THE UPTOWN REDEVELOPMENT PROffiCT AREA Introduction: On July 19, 2004, the Mayor and Common Council ("Council") and the Community Development Commission ("Commission") of the City of San Bernardino conducted two (2) joint public hearings. The first joint public hearing considered the proposed adoption of an amendment to the Redevelopment Plan for the Uptown Redevelopment Project. The second joint public hearing considered the adoption of an Amended and Restated Redevelopment Plan for the Central City North Project. The Council and the Commission also considered the certification of a Final Program Environmental Impact Report (the "Program EIR") during the joint public hearings as part of the redevelopment plan amendment process. In addition, the Council also conducted a public hearing to consider an amendment to the City's General Plan (General Plan Amendment No. 04-02), which affects a small portion of the Uptown Project Area. The two (2) redevelopment plans provide the Agency with the power and authority to undertake certain types of redevelopment programs to eliminate blight within the boundaries of specific areas - referred to in this Response as the "Project Areas." As a general rule, the Agency does not function outside of a redevelopment project area and 48204987-5456.1 1 - the Agency cannot acquire land outside of a redevelopment project area except in certain limited situations. The Redevelopment Agency can only acquire property by eminent domain if the property is located in a redevelopment project area. The main purpose of both of the two (2) redevelopment plan amendments is the same; namely to reinstate the power of the Redevelopment Agency of the City of San Bernardino (the "Agency") to acquire land by eminent domain in the Uptown Project Area and in the Central City North Project Area Although the Agency may purchase any property if it is for sale, the Agency's power to acquire property by eminent domain in both Project Areas lapsed in 1998. The Agency can only acquire property by eminent domain in a redevelopment project area which displays symptoms of blight for a twelve (12) year period of time following the adoption of the redevelopment plan. However, the Agency may reinstate the power of eminent domain after such a twelve (12) year time limit, if blighted conditions persist in a redevelopment project area and if the exercise of eminent domain may be a useful tool to prevent and eliminate the spread of such blight. General Plan Amendment No. 04-02 affects a portion of the redevelopment project area of the Uptown Redevelopment Project referred to as "Uptown Subarea B." General Plan Amendment No. 04-02 proposes to change the land use designation for approximately 22 acres of Uptown Subarea B, from the current "Industrial" use designation, to a new land use designation of commercial and office professional land use. Single family dwelling units which lawfully existed as of 1991 in the area affected by General Plan Amendment No. 04-02 are permitted in an "Industrial" General Plan/zone use area. Likewise, single family dwelling units which lawfully existed as of 1991 are also permitted in a "Commercial/Office Professional" General Plan/zone use classification. The public hearing testimony portion of the Council's consideration of the General Plan Amendment No. 04-02 and the Council's and the Commission's consideration of the redevelopment plan amendments was conducted concurrently. Oral and written testimony was received and the public testimony sessions were closed for all three (3) of these related public hearings on July 19,2004. The joint public meetings of the Council and the Commission were then continued to August 16,2004 to consider the written and oral objections submitted by interested person during the joint public hearings to the adoption of the two (2) redevelopment plan amendments. Health and Safety Code Section 33367 requires that before considering the adoption of an amendment to a redevelopment plan, the legislative body (in this case the Council) shall evaluate all evidence and testimony, both for and against the adoption of the amendment to the redevelopment plan, and make written findings in response to each written objection subrnitted by affected property owners or taxing entities. In this document, the reference to "CRL" means and refers to the California Redevelopment Law. The CRL is found at Health and Safety Code Section 33000 et seq. Health and Safety Code Section 33367 is part of the CRL. 4820-4987.54S6.1 2 This Written Response and Finding is organized into two (2) parts. Part I contains the written response and findings of the Council with respect to the written objections of interested persons as presented prior to or at the time of the joint public hearings. Although the CRL does not require the Council to consider or prepare a written response and finding with respect to oral objections to a proposed amendment to a redevelopment plan, nevertheless and without waiving the power of the Council to overrule an oral objection without first making a written response and approving certain findings in support of overruling such an oral objection, a set of written responses and findings regarding the oral objections has also been prepared. Accordingly, Part II of the Written Response and Findings contains a written response and finding of the Council with respect to each of the oral objections presented at the time of the joint public hearings on July 19, 2004. In Part I the text of each of the three (3) written objections is presented followed by a written response and finding of the Council as relates to the written objection. It should be noted that no affected taxing entity submitted any objection to the proposed redevelopment plan amendments. Part II is set up differently, as it deals with oral testimony and objections. A written response and finding of the Council is presented for each of the twelve (12) oral objections submitted. Also included are four (4) attachments. Attachment No.1 is a verbatim transcription of the oral testimony of each of the twelve (12) individuals who presented oral. Attachment No.2 is a copy of all of the "speaker slips" submitted by interested persons to the City Clerk at the time of the joint public hearings on July 19, 2004. Attachment No.3 is a summary of mailed notice contact information for all persons submitting speaker slips at the Joint Public Hearing. Attachment No.4 is redevelopment agency property acquisition relocation polices and guidelines and responses to frequently asked questions regarding property acquisition and relocation. Attachment No. I Transcript of Oral Testimony Attachment No.2 Speaker Slips of All Persons Who Presented Oral Testimony Attachment No.3 Joint Public Hearing Mailed Notice Contact Information For All Persons Submitting Oral Testimony Attachment No.4 Redevelopment Agency Property Acquisition and Relocation Polices and Guidelines and Responses to Frequently Asked Questions Regarding Property Acquisition and Relocation 4820-4987-5456.1 3 July 17, 2004 Mayor and City Council Members 300 North D street San bernardino, Ca. 92418 . Cl1"( ..\ ".<\\ ~.\\I"l..\ _ , ,,_co ~rtt v ., .. '04 J\l 19 P 2. :20 Deanna H.P. Adams, Ph.D. 1156 North F street San Bernardino, Ca. 92410 909-884-6105 . Re: . Objection to Eminent Domain for the Central city North Redevelopment project. Dear Mayor and City Council Members: This letter is an objection to the Eminent Domain Central City North Redevelopment project. The CIty of San Bernardino has targeted our area for Eminent Domain in order to aCquire our property and business and dis~ce us from the place we live, own, and eam our livelihood. I believe Eminent Domain is an Injustice forced upon the free enterprise nature to the Constitution. Thus, Eminent Domain is interfering with the process of free enterprise and democracy. The only appropriate manner Eminent Domain maybe viewed democratically if the. voters agree to such act. . have been a citizen of San Bernardino for 20 years leaving an affluent and desirable area to make a difference in the environment. Imhre attracted peoples from all our neighboring cities to Victoay Chapel (1156 North F. st.) Our chapel is the beacon of the neighborhood, and despite of the low income I receive from the ministay . have been faithful and established "Good Will". I believe the "Good Will" of Victoay Chapel was signfficant to sooth the negative energy and hardness in the environment and changes for 20 years. Despite of "BUght" Victoay Chapei is an example of free enterprise, vision, and Good-Will. Now, the City of San Bernardino has increased Reai Estate values in excess of 57% and the population haS grown in excess of 37% since +(2.3 ;t 119-04 .~.~ t 999. These are Indicators of prosperity not blight. The population growth and Real EState boom should help get rid of blight In our area. ThIs positive change Is the result of dedication, goodwin, and,a' desire to make a difference to our beloved City of San Bernardino. ' ,',',', I look forward to harvesting from seeds sown for 20 years, and since things are looking up In the future for San Bernardino I would like to partake In her, prosperity. ' The future Is bright not bUght and I seek the tennlnatlon of Eminent Domain for the Central City North Enterprise project. ,The people should be Inspired toenrare free enterprise and stimulate growth for profit and/or good-will. The city has shown little effort to stimulate and engage free enterprise In this area. , Also, I did not receive the letter-In the mall. I contacted the Redevelopment department and ask to have the letter sent. Our Vietnamese neighbors (a church) did not understand the letter and our Spanish neighbors (a church) could not find a Interpreter. We are a.meltlng pot of religions, cultures, languages, and need clarity and slmpUdty In addressing Issues regarding the essence of their lives. Thank you. Sincerely, ,-' ~~~ " --- Rev. DeannaH.P.Adams, Ph.D. ':f~ PART ONE - WRITTEN OBJECTIONS SUBMITTED PRIOR TO OR DURING THE JOINT PUBLIC HEARINGS Written Response and Finding To Written Objection Presented by Deanna Adams As an initial matter, the Agency staff notes that Ms. Deanna H. P. Adam's written objection is labeled as an objection to the Amended and Restated Redevelopment Plan for the Central City North Redevelopment Project. However, the property which Ms. Adams refers to in her objection as "Victory Chapel" (1156 North "F" Street) is in fact located in the redevelopment project area of the Uptown Redevelopment Project. In addition, the joint public hearing notice records of the Agency indicate that Helena Petrovna 1174 Kotenberg, San Jose, California is the "owner" of the property located at 1156 North "F" Street, based on the most current property tax assessor records of the County of San Bernardino. The Agency staff has learned since the July 19, 2004, joint public hearing that Deanna Adams is the owner of the property at 1174 Kotenberg, San Jose, California, and that the initial "H" in Ms. Adams' name refer to "Helen" or "Helena" and that the initial "P" in Ms. Adam's name refers to Petrovna. (See joint public hearing notice mailing notes in Attachment No. 3). Accordingly, this Written Response and Finding assumes that Ms. Adams is the owner ofthe property and treats the written objection of Ms. Adams as an objection to both the amendment to the Redevelopment Plan for the Uptown Redevelopment Project and the Amended and Restated Redevelopment Plan for the Central City North Redevelopment Project. The written objection of Ms. Adams appears to present three (3) main themes. Ms. Adams expresses a general objection to the exercise of eminent domain by the Agency to eliminate blight in the Project Area. Ms. Adams also appears to challenge the existence of blight in the Project Area. Finally, Ms. Adams contends that inadequate notice or no notice was provided to her by the City or the Agency regarding the two (2) redevelopment plan amendments. ResDonse Rel!ardinl! Eminent Domain Issue: The approval of the amendment to the Redevelopment Plan for the Uptown Redevelopment Project and the amended and restated redevelopment plan for the Central City North Redevelopment Project will reinstate the Agency's power of eminent domain which expired in both Project Areas in 1998. At the present time, the Agency has no plans to acquire the property at 1156 North "F" Street, nor does the Agency have any plans to acquire any land in the immediate vicinity of 1156 North "F" Street. The Victory Chapel is located just to the south of Baseline Avenue along a street where several other small churches have clustered together. In between these churches there is an isolated single family home and a commercial/industrial businesses and vacant lots. Multifamily dwellings and other 4820-4987-5456.1 4 vacant parcels are located to the south of the Victory Chapel along "F" Street as the neighborhood transitions into a more uniform and compatible residential area. The residential neighborhood to the south of Victory Chapel and the cluster of other small churches is for most part outside of the Uptown Project Area. The Agency has no power to acquire land outside of the Uptown Project Area by eminent domain and so none of the property in the residential neighborhood to the south of the Victory Chapel could ever be acquired by the Agency by eminent domain. The Agency views the reinstatement of the power of eminent domain in the Project Areas as an important tool to address the conditions of blight. Like the section of"F" Street on which Victory Chapel and the other nearby small community churches are located, other areas of the Uptown Project Area display similar land use incompatibilities - isolated single family homes, such as the dwelling located at 1129 North "F" Street situated between non-residential land uses. The outdoor off-premise highway billboard sign on the adjacent vacant lot next door to the Victory Chapel on the south, further illustrates just one of many examples of incompatible land uses which are documented in the Section 33352 Reports for both the Uptown Project Area and the Central City North Proj ect Area. Eminent domain, often called "condemnation," is the right, authority, or the power of local government to acquire private property for public use after all efforts to negotiate a purchase have failed. Payment by the local government agency for the acquisition of the property must be equal to fair market value, also known as 'Just compensation." If just compensation is paid to the owner, the Fifth and Fourteenth Amendments of the United States Constitution, authorize the use of eminent domain by local government to acquire private property for public purposes including for the purpose of community redevelopment. In addition, the United States Supreme Court has approved the use of eminent domain by redevelopment agencies to eliminate and prevent the spread of blight as part of neighborhood revitalization efforts. (Bremen v. Parker (1954) 348 U.S. 26 and in Hawaii Housing Authoritv v. Midkiff (1984) 467 U.S. 229). In this context, the CRL specifically provides for the exercise of eminent domain for the purposes of redevelopment and in addition to the requirement that just compensation must be paid for any property acquired by eminent domain, the State has enacted a series of specific additional protections for private property owners under the California Eminent Domain Law (Code of Civil Procedure Section 1230 et seq.). The Agency believes that the use of eminent domain in the Project Areas may be particularly effective to assist existing businesses and property owners in appropriate situations to acquire underutilized, vacant or blighted adjacent lands so that these existing businesses and property owners can expand their businesses, eliminate blighting conditions on nearby lands, and make capital investment in the improvement and rehabilitation of their property economically feasible. If the Agency cannot provide such land acquisition assistance to property owners who are prepared to make an investment in dealing with conditions of blight, then the ability of the Agency to effectively eliminate and prevent the spread of blight in each Project Area will be reduced. 4820-4987-5456.1 5 In Attachment No.4 to the Written Response and Findings, the Agency presents several illustrations of the different procedures to be followed if the Agency may undertake the acquisition of property by eminent domain or by negotiated purchase in either of the Project Areas in the future. It should be emphasized that since the time when the Uptown Redevelopment Plan was adopted in 1986, the Agency has not used its condemnation power to acquire any property in the Uptown Project Area. In the case of the Central City North Redevelopment Project, the Agency has used its condemnation prior to 1998 in only limited cases and then only to acquire land located to the south of Fifth Street. Residential displacement has historically been kept to a minimum in both Project Areas. The historical record shows that the Agency has used the power of eminent domain only rarely in the past in these Project Areas. The current land acquisition policy of the Agency as summarized in Attachment No.4, provides for eminent domain power to be considered only when all other reasonable avenues of negotiated purchase or property have not been successful. The adoption of the amendments to the redevelopment plans in this instance does not constitute a taking of anyone's property as the redevelopment plan amendments do not authorize the acquisition of any property. Instead, the Agency retains the discretion, in an appropriate situation, where the elimination of blight can be accomplished by specific improvements to property, to use the power of eminent domain to accomplish those specific improvements. Response Rel!:ardiol!: Blil!:ht: The Section 33352 Reports for both redevelopment plan amendments contains ample evidence of the existence, at the present time, of blight in the Project Areas. Ms. Adams makes reference in her objection to rising property values in the City of San Bernardino as evidence that blight does not exist in the Project Areas. While property values may be rising in the City - - particularly in recent years - - the evidence contained in both Section 33352 Reports indicate that increases in assessed property values in both Project Areas have been substantially less in recent years than for the City as a whole. In the case of the Uptown Redevelopment Project, Table B-6 in the Uptown 33352 Report shows that between tax year 1998-99 and tax year 2002-03, assessed property tax values City-wide increased at a rate of 1.79% per year, while in the Uptown Project Area over the same period the rate of increase of assessed values of property was 1.37%. In other words, this rate of increase of assessed values of property in the Uptown Project Area was approximately 25% less than the City as a whole. This difference conceals the fact that in much of the Uptown Project Area assessed property values for this period actually decreased. These results are also shown as Table B-6 ofthe Section 33352 Report for the Uptown Project Area. The annual rate of increase of assessed property values was much worse in the Central City North Project Area for the same period of time. (See Table B-2 Section 33352 Report for Central City North: 0.69% rate of annual income in assessed value for the Central City North Project as compared to 1.76% for the City as a whole). The sluggish performance of assessed property tax values in the two (2) redevelopment Project Areas is only one of several indicators of the continued existence of blight in each of the Project Areas. It should also be pointed out that since 1998, the eminent domain 4820-4987-5456.1 6 power of the Agency in both Project Areas has lapsed. Therefore the potential threat of Agency condemnation (which somehow serves to depress property values) cannot be the reason why the increase in assessed property tax valuations in these Project Areas has not kept up with City-wide increases in assessed values since 1998. Resoonse Re!!ardin!! Lack of Notice of the Joint Public Beann!! CUotown Redevelooment Plan Amendment): Ms. Adams asserts that she did not receive notice of the joint public hearing. The Victory Chapel property is located in the Uptown Project Area. The notice of the joint public hearing for the Uptown Project Area redevelopment plan amendment was published in the manner required by law prior to the time of the joint public hearing (See Exhibit "2- 1" entered into the record at the time of the joint public hearing). The mailing records of the Agency as relating to the mailed notice given prior to the joint public hearing for the Uptown Project Area indicate the following for Ms. Adams and the property located at 1156 North "F" Street: to the owner of record, a written notice was sent by United States First Class Mail to Helen Petrovna at 1174 Kotenberg, San Jose, CA 91525. This notice was return to the Agency as "forward order expired." The Agency staff is informed that Deanna Adams is owner of record of the property located at 1174 Kotenberg, San Jose, California. The property tax records of the County of San Bernardino indicate that the property tax payee, Helen Petrovna resides at 1174 Kotenberg, San Jose, California; and to the "Occupant" of 1156 North "F" Street, San Bernardino, California, a written notice was sent by United States First Class Mail, addressed to the "Occupant." This notice to "Occupant" was not returned to the Agency. (See Attachment No. 3). Additionally, on June 29, 2004, in the telephone contact records of the Agency Staff indicate that Ms. Adams spoke with Agency staff (Mr. Mike Trout) and that she identified herself as owning a business and property located at 1156 North "F" Street. She stated that a neighbor had received a notice of the joint public hearing but that she had not and Ms. Adams requested that another notice be mailed to her. Agency staff complied with her request and on June 29, 2004, a separate and additional notice of the joint public hearing for the Uptown Redevelopment Plan amendment was sent to Ms. Adams by United States First Class Mail at 1156 North "F" Street, San Bernardino, CA 92410. Findin!!: Based on the response set forth above, testimony received at the joint public hearings from Agency Staff, Redevelopment Consultant, Agency Counsel, and other evidence contained in the Section 33352 Reports for the Uptown Project Area and the Central City North Project Area and the record before the Council and this Written Repose and 4820-4987-5456.1 7 Finding, the Council hereby finds that all redevelopment activities of the Agency will adhere to all applicable laws, including the CRL. The information set forth in the Section 33352 Reports for the Uptown Project Area and the Central City North Project Area demonstrates that conditions of blight remain in each Project Area and that the reinstatement of the Agency's eminent domain power in each Project Area is warranted at this time. The Council finds that the Agency has no current plan to acquire the property located at 1156 "F" Street by negotiated purchase or with the use of eminent domain. However, the Agency may have the necessity to acquire such property in the future, after further notice has first been given to the property owner to facilitate the redevelopment of the Uptown Project Area. If the Agency may in the future undertake the acquisition of any property in the Project Area, each affected property owner, or displaced business, tenant or resident on any land which the Agency may hereafter seek to acquire by negotiated purchase or by condemnation will be entitled to relocation benefits, and the property owner will be entitled to receive fair market value for the property as provided for by the CRL and all applicable law. The Council also notes that both Redevelopment Plans and the Owner Participation Rules under each Redevelopment Plan provide procedures and protections for property owners and business tenants who are interested in correcting property deficiencies. Such interested property owners and businesses may request that the Agency issue a certificate of conformance evidencing that the property owner and/or business has taken or has agreed to take appropriate action to remedy conditions of blight on the property. In appropriate circumstances, if a property owner agrees to cooperate with the Agency to eliminate specific conditions of blight on his or her property, the Agency may agree to not acquire such property for redevelopment purposes except upon the terms of a negotiated purchase. Ms. Adams is invited to contact the Agency staff to discuss any such interest which she may have in this regard. The Council fmds that adequate notice of the joint public hearing for the Uptown Project Area was given to Ms. Adams and that Ms. Adams received actual and appropriate written notice of the joint public hearing for the Uptown Project Area prior to the time and date ofthe joint public hearing. The objection presented by Ms. Deanna Adams is hereby overruled. 4820-4987-5456.1 8 , JULY 17,2004 MAYOR AND CITY COUNCIL MEMBERS 300 NORTH D ST SANBERNARDINO,CA 92418. RfeEIVFo.em 1"1 ",'1':1 v,.[ -1n 114 JlJl 19 P2 :20 PAUL ADAMS 1156 N. F ST SAN BERNARDINO, CA 92410 R.E:()BJECTIONTO EMrNENiOOMAIN Foa tHE CENTRALCii'Y NORTH REDEVELOPMENT PROJECT. Dear Mayor and City council members: I would like to join in the chorus of individuals that the EIR has ignored. I am one of these individuals that do not have the resources or the ability to speak against the city. It is one of the favorite tricks of lawyers and politicians to use "fuzzy math" and this EIR report uses just that bias statistics that show one side of the story of the people and the business of the proposed area. We have lived under the axe of eminent domain for the last 5 years because of lake and streams project andknow we received a hitter that you would like to hold this axe for 12 more years. If it is my civic duty to live with the threat of eminent domain, it interferes the constitutional right of freedom of the pursuit of happiness. How can somebody plan his future upon variables that are under the threat of change? ' The EIR incorporates the use of statistics that are questionable at best. The EIR states that in the project area that there ij; a higher percentage of disrepair buildings, higher crime rates, and more oode violations. Much like ENRON these numbers are created by the same entity that wishes the power ' of eminent domain. How can we the people have faith in numbers that are so easily twisted by the need and the whims of the city? If you want to find deterioration of building look harder in the areas you wish, If you want a higher crime rate send more police into the area, and if you want to have more code violations send more code enforcement officers to that area, does this sound right? Finally, the most important reason in which I find myself moved to write df:.12. 3,.:2 I-I Ci-t\u " this letter (the people of san Bernardino); When I drive thm this city, I do not see "Blight". I see people working there hardest to put there children through school. I see the pursuit of freedom of religion from the . Vietnamese and central American churches who's operators have fled the . persecution of the homeland. I see the poor masses that made this country great by hard work. I see the smiles on the face of a small business owner . that just paid of his mortgage and finely as the ability to make his dreams come true. I see life, I see hope, But most of all I see Am.erica and what it stand for the people. Moreover, Its what I do not see that makes me the ~piest1 do not see theSams club, thehol11e depot, the!)igb.-rises and the "'~~art'~thattJrecity wOllld love, toc()mein lIl19 de$tfoYt1tedl:~AA1~of. theitidividual that.could have pride iti.ownerSlUp of his, own d!estiny. Is our future to be limited to working for big corporations as a manager? . It is in the Mayor and the city council members hands. I urge you to vote no on the development project and keep the future ofsan Bernardino in the hands of the people of sali Bernardino not out of state developers to fill there coffers with the sweat of the little person. Thank you, Paul Adam Written Response and Finding To Written Objections Presented by Paul Adams As an initial matter, the Agency staff notes that Mr. Paul Adam's written objection is labeled as an objection to the Amended and Restated Redevelopment Plan for the Central City North Redevelopment Project. However, the property which Mr. Adams refers to in his objection as "Victory Chapel" (11 56 North "F" Street) is in fact located in the redevelopment project area of the Uptown Redevelopment Project. In addition, the joint public hearing notice records of the Agency indicate that Helen Petrovna is the "owner" of the property located at 1156 North "F" Street, based on the most current property tax assessor records of the County of San Bernardino. (See joint public hearing mailing notes in Attachment No.3). Accordingly, this Written Response and Finding treats the written objection of Mr. Adams as an objection to both the amendment to the Redevelopment Plan for the Uptown Redevelopment Project and the Amended and Restated Redevelopment Plan for the Central City North Redevelopment Project. It is not clear from his objection whether Mr. Adams is an owner of the property located at 1156 North "F" Street. This written objection appears to present three (3) main themes. Mr. Adams states that because of the Lakes and Streams project, he has lived under a threat of eminent domain for the past five (5) years and he opposes another twelve (12) years of the threat of eminent domain from the Agency, and in general, Mr. Adams expresses an objection to the exercise of eminent domain by the Agency to eliminate blight in the Project Areas. As a second theme, or focus of objection, Mr. Adams appears to challenge the existence of blight in the Project Areas. Mr. Adams asserts that the Final Program Environmental Impact Report for the amendments to the redevelopment plans for the Project Areas includes "fuzzy math" and "incorporates the use of statistics that are questionable at best". Response Rel!ardinl! Eminent Domain for the Last 5 Years: The power of the Agency to acquire any land in either of the Project Areas lapsed in 1998. Mr. Adams refers to the "lakes and streams project" in his objection and states that the public discussion planning and valuation of the lakes and streams project has imposed a burden on him, and presumably has also imposed a burden on the property at 1156 North "F" Street. The Lakes and Streams project to which Mr. Adams refers and specifically "North Lake" which could affect a small portion of the Uptown Project Area, is not a public project of the City of San Bernardino or the Agency. Nevertheless, the Lakes and Streams project has been the subject of community discussions in recent years and public discussion and participation in the planning process for public projects is part of the American system of local representative government. Sometimes the planning process involves extensive consultations with property owners before the local government agency can commit public funds to undertake a particular project. 4820-4987-5456.1 9 As mentioned above, the Lakes and Streams/North Lake project to which Mr. Adams refers is not a redevelopment project of the Agency. It is a study proposal which is being considered by the San Bernardino Valley Municipal Water District and the San Bernardino Regional Water Resources Authority formed as a joint powers authority to study various water supply alternatives with the City of San Bernardino. Mr. Adams refers in his objection to the North Lake component of the overall Lakes and Streams project concept proposal. The North Lake component of the Lakes and Streams project could affect as much as approximately twenty (20) acres of the Uptown Project Area, including the property at 1156 North "F" Street. None of the Central City North Project Area is affected by the Lakes and Streams project. In any case, the San Bernardino Valley Municipal Water District would be the public agency which would undertake such a public project for the acquisition of any land for the construction of the North Lake and related municipal water district domestic water supply operations on a site which is generally bounded by Baseline Avenue on the north, Ninth Street on the south, "H" Street on the west and "E" Street on the east (e.g., "North Lake"). The exact size of such a lake project within this general area has not yet been determined by the San Bernardino Valley Municipal Water District. A public scoping session was conducted in January 2004 as part of the preparation of a draft environmental review document under the California Environmental Quality Act ("CEQA") for the Lakes and Streams project. However, a draft environmental review document has not been completed and released for public review by at the time when this Written Response and Finding was prepared. At this time the San Bernardino Valley Municipal Water District has not initiated any program to acquire land for a North Lake facility, and the Lakes and Streams project remains in the early stages of design and the early stages of public discussion and evaluation. The Council does acknowledge that the North Lake component of the Lakes and Streams project could, if undertaken by the San Bernardino Valley Municipal Water District, include the acquisition of the property at 1156 North "F" Street under one of several different alternatives to such a project. However, any potential acquisition of land for the Lakes and Streams project affecting the Uptown Project Area which may be considered in the future, would be undertaken by the San Bernardino Valley Municipal Water District pursuant to its separate and independent property acquisition and condemnation powers. The San Bernardino Valley Municipal Water District has much broader powers of eminent domain, as the water district is not limited to acquiring property solely within a specific and limited redevelopment project area such as the Uptown Project Area. The Agency could not undertake such a project as the North Lake because most of the site for North Lake and the related water supply improvements is not situated in the Agency's redevelopment project areas. Thus, the issues of whether there may ever be a lakes and streams project which may include a portion of the Uptown Project Area and the final site and methods selected by the San Bernardino Valley Municipal Water District to undertake such a project in the future, is not dependent upon the reinstatement of the Agency's eminent domain power in either Project Area. 4820-4987.5456.1 10 Both redevelopment plan amendments to reinstate the Agency's eminent domain power were initiated in early 2000. The process for the redevelopment plan amendments in these two Project Areas has been delayed by virtue of a number of factors primarily related to the need to prepare a Program EIR for General Plan Amendment No. 04-02 and the Mercado Santa Fe development concepts which affect Uptown Subarea B. Since 2000, the Council and the Agency have moved forward to reinstate eminent domain powers in several other redevelopment project areas including the Central City South Redevelopment Project, the Mr. Vernon Corridor Redevelopment Project and the State College Redevelopment Project. Unlike the redevelopment plan amendments for these other project areas which did not contemplate any specific redevelopment proposals, the CEQA review for the proposed amendment for the Uptown Project Area has included certain specific development proposals for Uptown Subarea B which has in turn required the Agency to prepare a Program EIR. In any case, as stated above, the Agency has no plans to acquire any property in the Uptown Project Area for or on behalf of the San Bernardino Valley Municipal Water District. As stated in the Written Response and Finding to the written objection of Ms. Deanna Adams, the Agency's exercise of the power of eminent domain involves several procedural layers of prior notice and consultation with property owners. These measures are described in the Agency property acquisition policy materials assembled in Attachment No.4. The Agency believes that in appropriate situations, the Agency's ability to acquire property by eminent domain will enhance the effectiveness of a specific proposal to deal with conditions of blight in the Project Areas. Much vacant lands exist in both Project Areas as described in the Section 33352 Reports. The vacant land often abuts small underutilized parcels of land in different ownership. In other redevelopment project areas it is not uncommon for owners of successful businesses or owners of substandard sized parcels of land to contact the Agency seeking assistance to acquire small, underutilized parcels of adjacent land so that a business owner can expand his or her business. A hallmark of the configuration of the vast majority of parcels in both Project Areas, is the small average size of most parcels. The redevelopment project area boundaries of Subarea A of the Uptown Project Area in which Victory Chapel is located have not been selected or configured to accommodate the types of "big box" retail business which Ms. Adams describes as destructive of the American ideal or which would displace large numbers of existing business, residents and churches. This is apparent upon the most casual of inspection of a project area boundary map for the Uptown Project Area. The redevelopment project area boundaries of the Uptown Project Area have been designated with the primary purpose of assisting existing businesses and owners to remain and expand their business in the City of San Bernardino. Likewise, in the area of the Central City North Project Area to the north of Fifth Street, the Central City North Project Area is simply not a place were it is feasible or likely that redevelopment could ever result in the construction of any "big box" retail business uses. The proposed reinstatement of eminent domain power in the Project Areas will enable the Agency to assist small scale urban in-fill redevelopment projects in situations where 48204987-5456.1 11 assembly of few key parcels of land which are required to form a useable new site which cannot otherwise be acquired by private enterprise acting without redevelopment. The land acquisition policies of the Agency are summarized in Attachment No. 4 and the policies emphasize that the use by the Agency of condenmation to acquire property is seldom used and then only as a last resort to support a specific redevelopment project activity in which affected property owners receive ample prior notice. In the twelve (12) years prior to 1998, the Agency did not acquire any property in the Uptown Project Area by eminent domain. Likewise in the case of the Central City North Project Area, in the twelve (12) years before 1998 the Agency used its condemnation powers for the acquisition of only a few parcels of land to the south of Fifth Street. No land situated to the north of Fifth Street has been acquired in the Central City North Project Area by eminent domain. ReSDonse Rel!ardinl! Existence of Blil!ht: Mr. Adams asserts that blight does not currently exist in the Project Areas. The Section 33352 Reports contain ample evidence to the contrary. The numerous boarded-up commercial buildings in close proximity to 1156 North "F" Street provide grim evidence of the existence of blight in the Project Areas. Unfortunately despite the prior efforts of the Agency, blight remains as a prevalent condition affecting a large number of properties in both Project Areas. ReSDonse Rel!ardinl! the Claimed Inadequacv of the Prol!ram EIR: The City Planning Department has prepared a response to Mr. Adams assertion that the Program ElR is inadequate or deficient in a number of unspecified respects. Findinl!: Based on the response set forth above, information presented at the joint public hearings from Agency Staff, Redevelopment Consultant, Agency Counsel, and other evidence contained in the Section 33352 Reports for the Uptown Project Area and the Central City North Project Area, this Written Response and Finding and the record before the Council, the Council hereby finds that all redevelopment activities of the Agency will adhere to all applicable laws, including the CRL. The information set forth in the Section 33352 Reports for the Uptown Project Area and the Central City North Project Area demonstrate that conditions of blight remain in each Project Area and that the reinstatement of the Agency's eminent domain power in each Project Area is warranted at this time. The Council finds that the public discussion and community involvement in the Lakes and Streams project concept of the San Bernardino Valley Municipal Water District has not resulted in the condemnation or temporary taking of any property and that no decision has been made by the San Bernardino Valley Municipal Water District, the City of San Bernardino or any other public agency regarding such a public project which may result in the acquisition of any property, including the property located at 1156 "F" Street in the Uptown Project Area. The Council finds that the Agency has no current plan to acquire the property located at 1156 "F" Street by negotiated purchase or with the 4820-4987-5456.1 12 use of eminent domain. However, the Agency may have the necessity to acquire such property in the future, after further notice has first been given to the property owner to facilitate the redevelopment of the Uptown Project Area. If the Agency may in the future undertake the acquisition of any property in the Uptown Project Area, each affected property owner, or potentially displaced business, tenant or resident on any land which the Agency may hereafter seek to acquire by negotiated purchase or by condenmation will be entitled to receive relocation benefits, and in addition to relocation benefits, the property owner will be entitled to receive fair market value for any property acquired by the Agency as provided for by the CRL and all applicable law. The Council also notes that both redevelopment plans for the Uptown Project Area and the Central City North Project Area, and the Owner Participation Rules under each redevelopment plan, provide procedures and additional protections for property owners and business tenants who are interested in correcting property deficiencies. Interested property owners and business tenants who wish to participate with the Agency to eliminate blight from the Project Areas may request the Agency to issue a certificate of conformance subject to appropriate terms and conditions acceptable to both such property owner and the Agency, that could provide assurance to the property owner that its property satisfies the standards of the applicable redevelopment plan. The Council finds that Owner Participation Rules and the general property acquisition policies of the Agency as sunnnarized in Attachment No. 4 provide all property owners and occupants of lands in the Project Area with significant and effective protection of their rights and interests. The objection presented by Mr. Paul Adams is hereby overruled. 4820-4987-5456.1 13 , July 18,2004 To: City Clerk 11I:CE1Vl'D-enY eW,j\ Honorable Mayor and Common Council members City Hail 300 North "D" Street '04 JUl 19 P 2 :20 San Bernardino, Ca 92418 From: Gbassan Norman Abdullah and family 1129 North "F" Street San Bernardino, Ca 92410 Dear H.Mayor and members of the Common Council; We the Abdu1lah family and many of our neighbors in the Uptown subareaA are writing this letter to object ~ the reinstatement of eminent domain for the Central City North ~~~~~ectand~"~b~~ect~ .. We believe that taking our homes and displacing our elderly parents who are on fixed incomes and disabled is morally wrong and unconstitutional and doesn't serve the greater public good..Y ou claim it is to eliminate blight in this area. We challenge this notion since it is the city itself that sets the standards and defines what blight is and as they see fit inorder to aChieve the overaII goal of aequiring property at a lower cost. We think the real reason behind this project is to increase overall tax revenues as a fix for the ailing city budget. We urge you to remove this label "blight" for our area(Uptown Subarea A)where we live and work and promote more home ownership andimprovements .Do not chase us and our families away. This redevelopment project is unconstitutional as it prays on ~ less fortunate and on the weak with limited resources who are unable to defend for themselves. It takes one mans property and gives it to the wealthy real estate developer or other investors who have more money.. Who are thesci developers any way? is it a secret? shouldn't this inf(lnnation be disclosed to us the residents and citizens of San Bernardino. What is the exact p1an?Your constituents need to know this. We take pride in our community, homes, and businesses and we urge you to reject this redevelopment project and in reinstating eminent domain. We do not want to be uprooted from our homes and displaced, nor do we want to have the cloud of eminent domain reign over us and adversely affect our Iives,goals and future plans. ' .. The ElR is incomplete, inadequate and not thorough enough as it leaves out Dl{lny issues . that are not answered. For example how many disabled citizens ,children. elderly living on fixed income, and other low income residents will be displaced by ~ project. What . ~mm~~on~~mm~~and~~m~~~inad~on to the estimated revenues lost and its im~ on the unemployment 1'at9. What ~ ~ numm of churches impacted; I know of four or five at least. What is the impact of this project on the local flora and ~ dispersion of West Nile Virus. Also ~ impact on air pollution levels in PPM and dust dispersion aIi.d their impact ~ prevaIence of respiratory ailments and for how long. What ~m the im~ of high intensity noise levels greater than 60 decibels which may be quite harmful in themselves. In summary ~ ElR has many flaws and gaps. Thank you for hearing this objection. Sincerely, GNAbdullah .PI /IJ ...... #- R- 3;> 7-/7~6q Written Response and Findings To Written Objection Present by Ghassan Norman Abdullah As an initial matter, the Agency staff notes that Mr. Abdullah's objection is labeled as an objection to the reinstatement of eminent domain for the Central City North Redevelopment Project and the "Combined project ErR". However, the property which Mr. Abdullah refers to in his objection (1129 North "F" Street) is in fact located in the Uptown Project Area. Accordingly, this written response treats this written objection as an objection to both the Amendment to the Uptown Redevelopment Plan and the Amended and Restated Redevelopment Plan for the Central City North Redevelopment Proj ect. Mr. Abdullah states that he resides at 1129 North "F" Street. His written objection appears to present our (4) themes. Mr. Abdullah objects to the labeling of the Project Areas as blighted and he appears to challenge the existence of blight in the Uptown Project Area. Mr. Abdullah objects to the Agency's acquisition of property in the Project Areas by eminent domain and asserts that the exercise of eminent domain is a devise which allows the Agency to "[acquire] property at a lower cost". Mr. Abdullah asks several questions relating to the redevelopment process and how the Agency may in the future make a decision about property acquisition. Finally, Mr. Abdullah asserts that the Program EIR document for the redevelopment plan amendments is incomplete and inadequate especially in the area of potential relocation impacts or residents and businesses. Response Rel!ardinl! the Existence ofBIil!ht in the Proiect Areas: Mr. Abdullah expresses a concern that the existence of blight in the Project Areas is based upon a subjective and easily manipulated standard. Indeed, as Mr. Abdullah appears to assert, the City and the Agency may condone conditions which cause blight in order to reduce property values. The standard for finding the continued existence of blight in the Project Areas is set by the CRL not the City or the Agency. The Section 33352 Reports for the Project Areas contain substantial and convincing evidence that conditions of blight - both physical conditions and economic conditions of blight - continue to exist in both Project Areas. In point of fact the Uptown Project Area neighborhood in which Mr. Abdullah resides at 1129 North "F" Street, provides an illustration of several of the blighting conditions which are more fully documented in the Section 33352 Reports for the Project Areas. Mr. Abdullah resides in an older single family home which is sandwiched between a commercial/industrial land use on a small/substandard sized adjacent lot to the south and an institutional or religious charitable institution use adjacent on the north side of his home. Directly across the street to the west is a large vacant area containing miscellaneous debris which marks a transition between the strip commercial land uses to the north along Baseline Avenue and an older residential neighborhood to the south. The large number of vacant parcels in a fully urbanized environment such as the Uptown Project Area is a symptom of the blight 4820-4987-5456.1 14 which affects the Uptown Project Area. (See Section 33352 Report for the Uptown Project Area). The adoption of the redevelopment plans for the Uptown Project Area and the Central City North Project Area did not cause the blight which is observed in the Section 33352 Reports. The adoption of both redevelopment plans was a response by the community to attempt to eliminate and prevent the spread of blight in each of the Project Areas. Responses to Rel!ardinl! the Exercise of Eminent Domain: Mr. Abdullah apparently believes that the Agency may acquire property by eminent domain for less than its fair market value. This belief is not supported by the facts nor is it supported in actual practice particularly in light of the procedural protections in favor of property owners and occupants of property who may be displaced by redevelopment programs undertaken by the Agency. The procedural protections in favor of both property owners and tenants of property are described in Attachment No.4. The property acquisition protections and safeguards described in Attachment No.4 in favor of private property owners and tenants reflect the current practices and policies of the Agency. Where Mr. Abdullah suggests that the Agency is currently pursuing a program which has the effect of depressing property values, Mr. Abdullah concedes that the Project Areas contain blight. In fact, the Agency is not, and never has pursued such a policy to create so-called pre-conderrmation damages as a way of reducing the cost of acquiring property. The Project Areas display a number of symptoms of blight. But none of these conditions were caused by the City or the Agency. Response Rel!ardinl! Redevelopment Process: The Agency has no plan to acquire the property located at 1129 North "F" Street. Mr. Abdullah asks several related questions regarding the circumstances under which the Agency may provide redevelopment assistance in a particular case. The reinstatement of the Agency's power of eminent domain is not itself a project - no specific redevelopment project activity is proposed for Mr. Abdullah's property at this time. Eminent domain is one of several programs which the Agency may use to assist property owners and businesses to invest private capital in the Project Areas to prevent and eliminate the spread of blight. As a practical matter, it should be noted that Mr. Abdullah as the owner of an older single family dwelling unit in an otherwise commercially developed neighborhood is not a likely candidate for seeking Agency assistance to acquire neighboring property to increase the size of his home or to cause the adjacent land to be redeveloped for new residential use along with his own property. However, other commercial neighbors on either side of Mr. Abdullah may in the future have specific plans for the expansion of their businesses or operations which may cause Mr. Abdullah a degree of inconvenience. Hypothetically speaking, if either neighbor proposed an expansion or intensification of use on their property, the power of the Agency to assist the neighbor to acquire additional 4820-4987-5456.1 15 land to mitigate or offset the negative impacts on their residential neighbors as part of an overall plan to address conditions of blight, may result in the commercial property owners being willing to consider a better planned commercial project which buffers nearby residential use property. One of the stated goals of the Redevelopment Plan for the Uptown Redevelopment Project is to assist existing owners and businesses to expand and to better manage or buffer the impacts of commercial land use on nearby or adjacent residential use property. The Rules for Owner Participation further support this goal. The selection of third party developers to undertake specific redevelopment projects is not a secret process as Mr. Abdullah may fear. Once again, the Rules for Owner Participation assure existing property owners, including Mr. Abdullah, that before the Agency would consider any redevelopment proposal of a third-party developer (e.g., someone who does not already an owner of neighboring property) the Agency would first consult with existing property owners to determine whether the existing property owners have an interest and the financial ability to redevelop their property. Finally, before the Agency could undertake any specific redevelopment project which may include the acquisition by eminent domain of another owner's land, the Agency must first conduct a public hearing on such a proposal in accordance with the CRL. In addition, the owners of all affected property would receive prior written notice by mail of the Agency's intention to proceed with a specific project which requires the acquisition of land owned by third-parties. Response to Concerns Relatin!! to the Pro!!ram EIR: The City Planning Department has prepared a response to Mr. Abdullah's assertion that the Program EIR is inadequate or deficient in a number of unspecified respects. In addition, the materials assembled in Attachment No. 4 contain a comprehensive description of the policies, programs and procedures of the Agency which give property owners, businesses and residents special protections and benefits under relocation assistance programs. Findin!!: Based on the response set forth above, the testimony received at the joint public hearings from Agency Staff, Redevelopment Consultant, Agency Counsel, and other evidence contained in the Section 33352 Reports for the Central City North Project Area and the Uptown Project Area, this Written Response and Finding and record before the Common Council, the Common Council hereby finds that all redevelopment activities of the Agency will adhere to all applicable laws, including the CRL. The information set forth in the Section 33352 Reports for the Project Areas demonstrate that both physical and economic conditions of blight exist in both the Project Areas and that the reinstatement of the Agency's eminent domain power in each Project Area is warranted at this time. The Common Council finds that the Agency has no current plan to acquire the property 4820-4987.5456.1 16 located at 1129 North "F" Street by negotiated purchase or with the use of eminent domain at this time. However, the Agency may have the necessity to acquire such property in the future, after further notice has first been given to the property owner to facilitate the redevelopment of the Uptown Project Area. The Council finds that any affected or displaced business, tenant or resident will be entitled to relocation benefits, and the property owner will be entitled to fair market value for the property as provided for by the CRL. The Common Council also notes that both Redevelopment Plans and the Owner Participation Rules provide procedures and protection for property owners and business tenants who are interested in correcting business deficiencies. Such interested property owners may request that the Agency issue a certificate of conformance evidencing that the property owner has taken or has agreed to take appropriate action to remedy conditions of blight on the property. In appropriate circumstances, if a property owner agrees to cooperate with the Agency to eliminate specific conditions of blight on his property, the Agency may agree to not acquire such property for redevelopment purposes except upon the terms of a negotiated purchase. Mr. Abdullah is invited to contact the Agency staff to discuss such interest which he may have in this regard. The objection presented by Mr. Ghassan Abdullah is hereby overruled. 4820-4987-5456.1 17 PART TWO WRITTEN RESPONSE AND FINDINGS TO ORAL OBJECTIONS RECEIVED AT THE: JULY 19,2004 JOINT PUBLIC HEARING FOR THE AMENDED & RESTATED REDEVELOPMENT PLAN FOR THE CENTRAL CITY NORTH PROJECT AREA AND THE AMENDMENT TO THE UPTOWN REDEVELOPMENT PROJECT AREA PLAN AND THE SECTION 33352 BLIGHT REPORTS TO THE MAYOR AND COMMON COUNCIL FOR THE CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA AND THE UPTOWN REDEVELOPMENT PROJECT AREA 4820-4987-5456.1 18 Written Response and Finding To Oral Objections Present by Deanna Adams Ms. Adams delivered oral testimony in opposition to the redevelopment plan amendments during the joint public hearings on July 19, 2004. A verbatim transcript of her oral testimony is presented in Attachment No. I (Oral Objection No.1). ResDonse: It appears from a review of the transcription of the oral testimony presented by Ms. Adams on July 19, 2004, that her testimony closely tracks the text of her written objection which appears above in Part One of this Response. Accordingly, the response to Ms. Adams' written objection is incorporated into this Written Response and Finding to Oral Objection by this reference. Findinl!: It appears from a review of the transcription of the oral testimony presented by Ms. Adams on July 19, 2004, that her testimony closely tracks the text of her written objection which appears above in Part One of this Written Response and Finding to Oral Objection. Accordingly, the findings as set forth in the Written Response and Finding to the Written Objection of Ms. Adams are adopted as the findings of the Council with respect to the oral objection of Ms. Adams. The oral objection presented by Ms. Deanna Adams is hereby overruled. 4820-4987-5456.1 19 WritteB Response and Finding To Oral Objection Presented by Ghassan Norman Abdullah Mr. Abdullah delivered oral testimony in opposItion to the redevelopment plan amendments during the joint public hearings on July 19, 2004. A verbatim transcript of his oral testimony is presented in Attachment No.1 (Oral Objection No.2). ResDonse: It appears from a review of the transcription of the oral testimony presented by Mr. Abdullah on July 19, 2004, that his testimony closely tracks the text of his written objection which appears above in Part One of this Written Response and Finding to Oral Objection. Accordingly, the response to Mr. Abdullah's written objection is incorporated into this Written Response and Finding to Oral Objection by this reference. Findinl!: It appears from a review of the transcription of the oral testimony presented by Mr. Abdullah on July 19, 2004, that his testimony closely tracks the text of his written objection which appears above in Part One of this Written Response and Finding to Oral Objection. Accordingly, the findings as set forth in the Written Response and Finding to the Written Objection of Mr. Abdullah are adopted as the findings of the Council with respect to the oral objection of Mr. Abdullah. The oral objection presented by Mr. Ghassan Norman Abdullah is hereby overruled. 4820-4987-5456.1 20 Written Response and Finding To Oral Objections Presented by Paul Adams Mr. Adams delivered oral testimony in opposition to the redevelopment plan amendments during the joint public hearings on July 19, 2004. A verbatim transcript of his oral testimony is presented in Attacmnent No.1 (Oral Objection No.3). Response: It appears from a review of the transcription of the oral testimony presented by Mr. Adams on July 19, 2004, that his testimony closely tracks the text of his written objection which appears above in Part One of this Written Response and Finding to Oral Objection. Accordingly, the response to Mr. Adams written objection is incorporated into this Written Response and Finding to Oral Objection by this reference. Findinl!: It appears from a review of the transcription of the oral testimony presented by Mr. Adams on July 19, 2004, that his testimony closely tracks the text of his written objection which appears above in Part One of this Written Response and Finding to Oral Objection. Accordingly, the findings as set forth in the Written Response and Finding to the Written Objection of Mr. Adams are adopted as the findings of the Council with respect to the oral objection of Mr. Adams. The oral objection presented by Mr. Paul Adams is hereby overruled. 4820-4987-5456.1 21 Written Response and Finding To Oral Objections Presented by Abdel Esmat Mr. Esmat delivered oral testimony during the joint public hearings. A verbatim transcription of his oral testimony is presented in Attachment No. I (Oral Objection No. 4). Mr. Esmat resides in the Central City North Project Area. It appears that Mr. Esmat expresses at least two (2) concerns in his oral objection. The first concem is that the proposed reinstatement of the Agency's eminent domain power may frustrate his plans to reside and enjoy his home and his neighborhood. The second concern appears to be that Mr. Esmat is unsure whether he will be consulted or notified in the future if the Agency undertakes any program which could affect him or his property. Response: The Agency staff notes that Mr. Esmat has apparently acquired the property located at 762 West Sixth Street in February 2004 (See: Attachment No.3: joint public hearing mailed contact notes). The previous owner of Mr. Esmat's home did not reside at the address and the prior owner may not have informed Mr. Esmat of his receipt of the Agency's prior mailed notices over the past many months regarding the proposed redevelopment plan amendment for the Central City North Redevelopment Project. Although as summarized in Attachment No.3, the Agency did not send mailed notice of the Central City North Project Area joint public hearing to Mr. Esmat as the owner of the property at 762 West Sixth Street, nevertheless the Agency did send separate notice by United States First Class Mail of the joint public hearing for the Central City North Project Area joint public hearing to the 762 West Sixth Street address marked to the attention of "Occupant". It appears that Mr. Esmat received such notice by mail. It is an encouraging sign that a single family home owned by a former absentee landowner has recently been sold to an owner occupant such as Mr. Esmat. Mr. Esmat obviously displays interest in his community and his neighborhood. One of the goals of the Central City North Redevelopment Project is to encourage homeownership. The Agency believes that the reinstatement of the power of eminent domain in the Central City North Project Area may facilitate the assembly and redevelopment of vacant and underutilized lots in the Project Area for new single family homeowner development such as the Agency assisted twenty-two (22) new single family home development just breaking ground in the Meadowbrook Redevelopment Project. In fact, a large vacant parcel of land is located immediately across the street from Mr. Esmat's home on Sixth Street. Although the Agency has no plans to acquire or to assist the owners of the large vacant tract of land on the south side of Sixth Street to develop it with new single family homes, in other areas of Project Area, property owners or developers of new single family housing may request the assistance of the Agency to acquire an isolated vacant parcel or a poorly maintained duplex or small apartment 4820-4987-5456.1 22 building, so new homes may be constructed on such parcels in a well planned manner. Such targeted land acquisitions by the Agency, to assist the development of new homes or the rehabilitation of existing single family houses, can help serve as a catalyst for the revitalization of a neighborhood such as the one in which Mr. Esmat resides. The Agency has no plans to acquire the property which Mr. Esmat owns. However, the Agency believes that the reinstatement of eminent domain in the Central City North Project Area may encourage other new homebuyers to purchase homes in the Central City North Project Area which are owned by absentee owners. Findin\!: Based on the response set forth above, testimony received at the joint public hearings from Agency staff, Redevelopment Consultants, Agency Council and the other evidence contained in the Section 33352 Report for the Central City North Project Area and this Written Response and Finding, the Council hereby fmds that blight continues to exist in the Central City North Project Area. The Council further finds that adequate notice of the joint public hearings for the Central City North Project Area was given to the owner and occupants of the property located at 762 West Sixth Street by First Class United States Mail. The Council further finds that the general property acquisition policies of the Agency as sununarized in Attachment No.4 provide all property owners and occupants of the lands in the Central City North Project Area with significant and effective protections oftheir rights and interests. The oral objection ofMr. Abdel Esmat is hereby overruled. 4820-4987-5456.1 23 Written Response and Finding To Oral Objections Present by James Oronoz Mr. James Oronoz presented oral testimony at the joint public hearings on July 19, 2004. A verbatim transcript of his oral testimony appears in Attachment No. I (Oral Objection No.5). The testimony of Mr. Oronoz was focused upon the property located at 1212 West Second Street which is part of a larger assembly of parcels of land which Mr. Oronoz states he manages for the owner. The property ownership records of the Agency indicate that Robert L. Kovats is the owner of the property (1158 through 1224 West Second Street). The property which Mr. Oronoz manages is located within Uptown Subarea B and is referred to in this Written Response and Finding as the "EI Tigre Market Property." The EI Tigre Market Property is situated on four (4) assessor parcels and comprises one of the largest commercial properties in the Uptown Project Area under common ownership. The EI Tigre Market Property is approximately 7.9 acres in size. In his oral objection, Mr. Oronoz states two (2) general concerns or objections. Mr. Oronoz opposes the reinstatement of eminent domain in the Uptown Project Area. Mr. Oronoz also opposes the Mercado Santa Fe Project conceptual redevelopment plan which is considered in the Project ElR for the Uptown Project Area redevelopment plan amendment. Response Rel!:ardinl!: Mercado Santa Fe Proiect Concept: The conditions of blight which persist in the Uptown Project Area, including Uptown Subarea B are documented in the Section 33352 Report for the Uptown Project Area. Section 33352 Report Exhibit B-2 indicates that the EI Tigre Market Property has been the site of City Code Enforcement Department efforts in recent years. A photograph of a portion of the EI Tigre Market Property at Section 33352 Report page B-9 depicts several physical symptoms of blight which are present on the EI Tigre Market Property. In addition to the badly damaged roof covering the easterly \12 of the commercial building at 1184 West Second Street, as depicted in the photograph, the vacant and dilapidated portion of this building does not appear to have been commercially used for quite some time. A vast amount of debris, collapsed ceiling and roof material, garbage and refuse is visible inside the building which is readily viewed between the boarded-up windows and doors on the public sidewalk adjacent to the building. As Mr. Oronoz concedes in his oral objection, the EI Tigre Market Property very definitely "...needs some work and it needs some fixing up..." In recent years the City has made an investment in the restoration of the nearby Santa Fe Railway Passenger Depot building on the north side of Third Street just to the north of the EI Tigre Market Property. Since the early 1990s the Santa Fe Railway Passenger Depot building has been the eastern terminus of the MetroLink commuter rail passenger line. Each day thousands of commuter rail passengers use the Santa Fe Railway 4820-4987-5456.1 24 Passenger Depot to commute to jobs in Los Angeles County. The San Bernardino Associated Governments, a regional planning and public mass transportation planning authority, has relocated its general business offices to the Santa Fe Railway Passenger Depot in recent months after the City completed some major restoration work. In view of the fact that the old Santa Fe Railway Passenger Depot has become the site of an increasingly important part of the regional public mass transportation system, in 2001 the Agency solicited interest from property owners in the neighborhood of the Uptown Santa Fe Railway Passenger Depot regarding their interest in redeveloping their property. In 200 I, the Agency contacted all the property owners within a nine (9) acre site in Uptown Subarea B immediately to the south of the Santa Fe Passenger Depot site to explore their potential interest. The EI Tigre Market Property comprises the greatest part of this site, and the remaining 1.1 acre portion of the site is owned by several other individuals. The owner of the EI Tigre Market Property, Mr. Robert Kovats, did not respond in 2001 to the efforts of the Agency to establish contact to discuss his potential interest in redevelopment of the property. After it appeared to the Agency that existing property owners were either not interested or could not be readily engaged in discussion about potential redevelopment interest for their property, in August 2001, the Agency entered into an agreement with a third party developer (Arthur Pearlman Corporation) to study a range of potential redevelopment alternatives or concepts which have since been referred to by the Agency as the "Mercado Santa Fe Project." A general description of the Mercado Santa Fe Project is included in the Program E1R. The conceptual study of various redevelopment alternatives for the Mercado Santa Fe Project indicated that preparation of an enviromnental impact report for such a project would likely be required and that if such a project was to be accomplished, the Agency may be required to assist such a project with the acquisition of all the land necessary for a well-planned and economically feasible program of redevelopment. A general chronology of the evolution of the Mercado Santa Fe Project development concept is presented in the Agency staff correspondence dated July 14, 2004, addressed to Mr. Oronoz, attached immediately following this Written Response and Finding to Oral Objection. During his oral testimony, Mr. Oronoz claims that he was unaware of the Agency's prior efforts to contact the owner of the EI Tigre Market Property to explore mutual redevelopment interest. Nevertheless, the fact remains that the Agency used the publicly available contact information for Mr. Kovats in 2001 and later, in an effort to contact him and involves the owner of the EI Tigre Market Property in its redevelopment. As stated in the July 14, 2004, Agency staff correspondence addressed to Mr. Oronoz, the Agency staff was able to obtain updated and current property tax information for Mr. Kovats in 2004 before the joint public hearing notice was mailed. Mr. Oronoz states that the fIrst time he heard of the Agency's interest in working with the owner to accomplish the redevelopment of the E1 Tigre Market Property was as part of the joint public hearing notice process for the Uptown Project Area in 2004. 4820-4987-5456.1 25 As part of the preparation for the joint public hearings for the Uptown Project Area and the certification of the Program EIR, the Agency staff mailed notice of the joint public hearing to Robert L. Kovats as the owner of the El Tigre Market Property. In addition, the Agency staff mailed notice of the joint public hearing to the street address given by Mr. Oronoz as his business address 1212 West Second Street (See: Attachment No.3). The Agency staff also mailed a total of twelve (12) notices of joint public hearings to the various business addresses (each addressed to "Occupant" at the various Second Street addresses) in the buildings on the El Tigre Market Property. It is unfortunate that neither Mr. Kovats nor Mr. Oronoz have contacted the Agency sooner to explore feasible and effective means of redeveloping the El Tigre Market Property and nearby lands. Now that such lines of communication has been established, it is hoped that Mr. Kovats and Mr. Oronoz will actively participate with the Agency in formulating plans for the redevelopment of the El Tigre Market Property and the Mercado Santa Fe Project. It is also noted that the adoption of the amendment to the Redevelopment plan for the Uptown Redevelopment Project and the certification of the Program EIR is not an approval of any particular redevelopment concept for either the Mercado Santa Fe Project or the El Tigre Market Property. The Agency has not approved any specific redevelopment proposal for the site or for any other portion of the Uptown Subarea B. The 2001 agreement which the Agency entered into with the Arthur Pearlman Corporation relates to the conduct of a study for a full range of alternatives for the redevelopment of such property. To this end, the Program EIR for the redevelopment plan amendments considers the potential impact on the environment of the redevelopment of the Mercado Santa Fe Project. Much further study and planning is required before the Agency could enter into an agreement with any property owner or a developer to provide any specific form of redevelopment assistance with respect to the Mercado Santa Fe Project. In addition, the Agency is required to conduct a separate public hearing before it may approve any agreement to acquire land or provide any form of redevelopment financing assistance in support of the redevelopment of a project such as the Mercado Santa Fe Project. The Rules for Owner Participation for the Uptown Project Area provide additional guidelines and protections to existing property owners who have the capability and interest in participating with the Agency in eliminating and preventing the spread of blight in the Uptown Project Area. Response to Obiection to Eminent Domain: Mr. Oronoz objects to the reinstatement of the Agency's eminent domain power in the Uptown Project Area. The reinstatement of eminent domain in the Uptown Project Area may be necessary in order to accomplish the redevelopment of the Mercado Santa Fe Project and the El Tigre Market Property and nearby lands for the reasons indicated in the preceding paragraphs of this Written Response and Finding. The site is in multiple ownerships, there are multiple commercial business tenants on the site who have leases or rental agreements of unknown duration (e.g., see objection of Mr. Diem N. Mach below), and not all current property owners and commercial business tenants may be ready of 4820-4987-5456.1 26 financially capable of participating in the redevelopment of such a project. Nonetheless, the Mercado Santa Fe Project site contains blighted properties and the elimination of blight within the Mercado Santa Fe Project site and on nearby lands will materially assist with the elimination and prevention of the spread of blight elsewhere in Uptown Subarea B. The conceptual study conducted to date for the Mercado Santa Fe Project indicates that the optimal site would include a larger area than just the EI Tigre Market Property. In addition, the integration of the land between "K" Street and the EI Tigre Market Property into a new site will allow for the new development to be better designed than the old improvements on the EI Tigre Market Property to accommodate the significant changes in topography or street grade between Third Street on the north and Second Street on the south. Without the ability to attach additional parcels of land to the site, neither Mr. Kovats, the Arthur Pearlman Corporation nor any other person may be able to formulate a well planned or economically feasible redevelopment concept for the elimination of blight on such property. At this time, the Agency has made no decision to proceed with any type of specific redevelopment project which includes the acquisition by the Agency of the EI Tigre Market Property. Much planning and additional consultations with property owners, existing business tenants, new tenants and lenders and qualified developers remains to be accomplished before any such decision would be made by the Agency. ~ Mr. Kovats, Mr. Oronoz and the tenants who presently occupy the EI Tigre Market Property, will get separate notice by mail prior to any public hearing at which a specific plan for development of the Mercado Santa Fe Project or the EI Tigre Market Property may be considered by the Agency. Only after the Agency makes a final and publicly announced decision following a public hearing would the Agency begin any action to acquire any property for the Mercado Santa Fe Project by eminent domain. Findinl!: Based on the response set forth above, the testimony presented at the joint public hearing from Agency Staff, Redevelopment Consultant, Agency Counsel and the other evidence contained in the Section 33352 Report for the Uptown Project Area and this Written Response and Finding, the Council hereby finds that the redevelopment activities which may be undertaken by the Agency following the amendment to the Redevelopment Plan for the Uptown Redevelopment Project shall comply with all applicable law. The information set forth in the Section 33352 Report for the Uptown Project Area demonstrates that conditions of blight remain in the Uptown Project Area and that the reinstatement of the Agency's eminent domain power in the Uptown Project Area is warranted at this time. No final decision has been made by the Councilor the Agency to proceed with the Mercado Santa Fe Project. The certification of the Program EIR by the Council shall in no way foreclose or prevent further review, study or public consultations with the community, Mr. Kovats, Mr. Oronoz, and any other interested persons concerning the redevelopment of the lands which may be included in any such project. If 4820-4987-5456.1 27 the Agency may in the future undertake the acquisition of any property in the Uptown Project Area, including without limitation the El Tigre Market Property, each affected property owner, or business or tenant residing on any land which the Agency may hereafter seek to acquire by negotiated purchase or by condenmation will be entitled to receive relocation benefits, and the property owner will be entitled to receive fair market value for the property as provided by the CRL and all applicable law. The Council also notes that Owner Participation Rules for the Uptown Project Area contain significant and effective protections for each business tenant on the El Tigre Market Property who may wish to remain as a tenant within a new project. The Owner Participation Rules also contain protections for any business which may elect to relocate to another address either inside the Uptown Project Area or elsewhere in the community at a location which is reasonably suitable to the continued operation of such a business. The Council further finds that the owner of the El Tigre Market Property, Robert L. Kovats, and each of the current business occupants of the El Tigre Market Property, including Mr. Oronoz, have been given adequate prior notice of the joint public hearing on the amendment to the amendment to the Redevelopment Plan for the Uptown Redevelopment Project. The oral objection presented by Mr. James Oronoz is hereby overruled. 4820-4987-5456.1 28 City of San Bernardino ECONOMIC DEVELOPMENT AGENCY Redevelopment. Community Development. Housing. Business: Recruitment, Retention, Rev;talization . Main Street, Inc. ... July 14, 2004 James Oronoz P.O. Box 3827 La Habra, CA 90632 Re: Redevelopment Agency of the City of San Bernardino Uptown Redevelopment Project: Subarea B (Mercado Santa Fe Project) Robert L. Kovats Property, 1140 - 1228 W Second Street, San Bernardino, California (Assessor Parcel No..(H38-263-02; 0138-301-01; 0138-301-06; 0138-301-10) Dear Mr. Oronoz: On behalf of Maggie Pacheco and myself, I want to let you !mow that we enjoyed meeting with you and your son, David, on June 29, 2004, to discuss what the Redevelopment Agency of the City of San Bernardino (the "Agency") is trying to do to in the Uptown Redevelopment Project Area to encourage redevelopment and the elimination of blight \ It is our understanding that you represent the interests of the owner of the property located at 1140 - 1228 W Second Street, San Bernardino, California (the ~'Property"). In our discussions you expressed concern that Mr. Kovats, as the owner of the Prdperty, as well as the owner of several other properties located within Subarea B of the Uptown Redevelopment Project Area, and you as the representative of Mr. Kovats, had not received notice from the Agency in recent months concerning the proposed amendment to the Uptown Redevelopment Plan to reinstate the Agency's condemnation power, nor has the Property Owner received notice of the formation of a Project Area Committee (pAC) for the Uptown Redevelopment Project Area. You also informed us that you were not aware that the Agency has been making efforts over the past many months to contact the owner of the Property as part of the Agency's preliminary planning and study of a proposed redevelopment project referred to as the "Mercado Santa Fe Project" and the selection of a qualified developer to undertake such a project. The initiation of the Mercado Santa Fe Project could affect the Property. Our records indicate that the Agency has made a sustained effort to contact the owner of the Property and to inform the owner of potential plans for its redevelopment. The Agency's efforts include the correspondence with has been assembled and enclosed for your reference with this letter. One of the attached items of correspondence from March 2003, contains a notice and 201 Norrh E Street, Suile 301 . San BemerrJlno, CeJ/fomje 92401-1507' (909) 663-1044 . Fex (909) 888-9413 www.senbemerdino-eda.OI!1. James Oronoz July 14, 2004 Page 2 invitation to the owner of the Property to participate in an environmental impact report scoping meeting for the Uptown Redevelopment Plan Amendment. As we explained to you on June 29, 2004, the Property Owner contact information availl!!>le to the Agency comes from the property tax payer mailing address information which we obtain from the San Bernardino County Assessors and County Records. The Agency has sent various items of correspondence notices of redevelopment activity to the following addresses which we obtained for the Property Owner: P.O. Box 2444 Corona, CA 91718; 314 N Robertson Court Placentia, CA 92870; 961 E Torrey Pines Place Placentia, CA 92870; P.O. Box 1365 Placentia, CA 92871. In the future the Agency will send correspondence and notices to the owner of the Property and to you, as his representative, at the following address: P.O. Box 3827 La Habra, CA 90632. In addition, the Agency will continue to address correspondence and notices of redevelopment activity affecting the Property, as required by law to the address to which the County Tax Collector mails the annual property tax bills for the Property. In our discussions you also informed us that Mr. Kovats had recently received an offer to purchase the Property, from the Arthur Pearlman Corporation. Although you did not indicate the specific price or terms included in such an offer, you stated to us your view that the offer was low. You also informed us on behalf of Mr. Kovats you would not accept that offer. We also discussed the Environmental hnpact Report (ElR) with you during our meeting on June 29, 2004, and after you reviewed the conceptual site plan for the Mercado Santa Fe Project that was included in the EIR, you stated that you could possibly put together a better concept for the development of the site than the one provided to the Agency by Arthur Pearlman Corporation. As Ms. Pacheco stated during our meeting with you, the Agency has not made any specific I commitment to anyone concerning the potential redevelopment of the Mercado Santa Fe Project or the Property, and the owner of the Property is encouraged to submit proposal for redevelopment of the Property and nearby lands if you believe filch redevelopment is feasible. The Agency staff currently believes that a substantial investment of both private and public capital is required in Subarea B of the Uptown Redevelopment Project and in particular on the Property in order to correct existing conditions of blight in the project area. Ms. Pacheco has also inquired as to whether your principal would be interested in selling the Property to the Agency. You stated during our office meeting that you believed your principal does have such an interest in selling the Property if the price was fair and reasonable. In that regard, Ms. Pacheco stated that the Agency staff are prepared, to obtain an appraisal of the Property at the present time, and is also prepared, subject to the concurrence of the governing board of the Agency, to make an offer to purchase the Property for its current appraised fair market value in its current "as is "condition subject to all leases and existing occupancies. She also stated that separately from any such offer to purchase the Property, the Agency would be responsible for relocating the existing tenants, and that the owner of the Property would not need to be concerned with causing any of the existing tenants to terminate their occupancy before the time when the Agency would be prepared to pay the agreed upon purchase price for the Property P:\A. '. ~"""""''''CcMII(o.-)........6-.''''J._ James Oronoz July 14, 2004 Page 3 to the owner. As we agreed during our meeting, I am enclosing for your review a copy of the Draft Environmental Impact Report (OEIR) and the Final Environmental Impact Report (FEIR)jor the Uptown Redevelopment Plan Amendment and copies of certain items of correspondence which the Agency has previously sent to the owner of the Property. In closing, we look forward to working with you as Mr. Robert Kovats' representative. I f you have any question concerning this matter, please contact me at (909) 663-1044. Sincerely, -;nft Mike Trout Project Manager cc: Gary Van Osdel, Executive Director (w/o enclosures) Maggie Pacheco, Deputy Director (w/o enclosures) Robert L. Kovats File Enclosures: May 15, 2001 letter July 16, 2002 mailer August 27, 2002, mailer I December 10, 2002, mailer February 10, 2003, mailer no. 1 February 10, 2003, mailer no. 2 February 10, 2003, mailer no. 3 March 12,2003, mailer no. 1 March 12, 2003, mailer no. 2 March 12, 2003, mailer no. 3 June 19,2004, notice of joint public hearing ~~~~~~(~~~~~~ Written Response and Finding To Oral Objection Presented by Diem N. Mach Mr. Diem N. Mach presented oral testimony at the joint public hearings on July 19,2004. A verbatim transcription of the testimony submitted by Mr. Mach is included in Attachment No. 1 (Oral Objection No.6). Mr. Mach occupies certain commercial property as a tenant of either Mr. James Oronoz (See Response to Oral Objection of James Oronoz, above) or Mr. Robert L. Kovats who is the owner of the EI Tigre Market Property. Mr. Mach received mailed notice of the joint public hearing as the "Occupant" of 1224 West Second Street. Mr. Mach does not actually present an objection in his testimony. However, Mr. Mach does express a concern that he may be displaced as a business tenant from 1224 West Second Street as a result of potential redevelopment activity by the Agency. ResDonse to Comments of Mr. Diem N. Mach: Mr. Mach's attention is directed to the Written Response and Finding provided to the oral objection of Mr. James Oronoz, which appears above. At this time, the Agency has not approved any plan or action which would require the displacement of the commercial business occupancy of Mr. Mach at 1224 West Second Street. However, the Agency is studying the conceptual redevelopment proposal for the Mercado Santa Fe Project which is also generally described in the Written Response and Finding to Mr. James Oronoz. In addition, a description of the conceptual redevelopment proposal for the Mercado Santa Fe Project is described in the Program EIR for the Uptown Project Area. The attention of Mr. Mach is also directed to the materials in Attachment No.4 which describe the Agency property acquisition policies and practices. Commercial businesses also qualify for relocation assistance payments if the Agency undertakes a redevelopment program which results in the displacement of the business. As a general rule, an established business such as the one conducted by Mr. Mach, qualifies for a minimum relocation assistance payment of $20,000. (See Government Code Section 7262 and 25 California Code of Regulations Section 6100). Additional sums ofrelocation assistance payments could be payable to Mr. Mach for the actual cost to move a particular business, including all of its inventory and operating equipment, the cost to obtain permits to operate at a new location, the cost to install improvements at the new location to accommodate the business and other expenses. Relocation assistance payments are in addition to other sums which the Agency may be required to pay a business which is displaced by a particular project, such as any potential loss in value of the "business goodwill" of the particular business. The calculation of the amount of such relocation assistance benefits varies from business to business based upon the particular facts. Since the determination of the amount of commercial relocation benefits is dependant on so many factors and since the longer period of time a business has to plan a potential move, 4820-4987-5456.1 29 the less the actual cost of the move may be, it is the policy of the Agency to consult with a particular business which may be relocated as far in advance of a displacement as possible. Before any project is approved by the Agency which could result in the displacement of Mr. Mach's business, including the Mercado Santa Fe Project, the Agency will give Mr. Mach written notice of the time and date when the Agency will consider the approval of such a project. However, the reinstatement of the Agency's power to acquire land in the Uptown Project Area does not mean that the Agency will in fact move forward with the Mercado Santa Fe Project, or acquire the El Tigre Market Property or compel Mr. Mach to relocate his business, either into the Mercado Santa Fe Project or move his business to another address. A separate and additional public hearing would be necessary before such action could be taken by the Agency which may result in the displacement of Mr. Mach's business. As outlined above, if the Agency may later approve a project which requires the displacement of Mr. Mach's business, Mr. Mach will be eligible to claim certain relocation assistance benefits. Depending on the terms of this store lease with Mr. Oronoz, Mr. Mach may also be entitled to receive a portion of the Agency's payment for the purchase of the property as the "leasehold value" of the remaining term of this business lease. Furthermore, a business which is displaced by the Agency qualifies to receive relocation assistance payments as a separate item of compensation - in other words, the landlord cannot claim any part of the tenant's relocation benefit payment. The commercial business tenant qualifies for such a payment regardless of whether the tenant has a month-to-month lease or whether the tenant has a multi-year lease. Findinl!: Based on the response set forth above, the testimony presented at the joint public hearing from Agency Staff, Redevelopment Consultant, Agency Counsel, the other evidence contained in the Section 33352 Report for the Uptown Project Area and this Written Response and Finding, the Council hereby finds that the redevelopment activities which may be undertaken by the Agency following the amendment to the Redevelopment Plan for the Uptown Redevelopment Project shall comply with all applicable law. The information set forth in the Section 33352 Report for the Uptown Project Area demonstrates that conditions of blight remain in the Uptown Project Area and that the reinstatement of the Agency's eminent domain power in the Uptown Project Area is warranted at this time. The Agency has made no determination to displace the business operations of Mr. Mach. If the Agency may in the future undertake the acquisition of any property in the Uptown Project Area, including without limitation the El Tigre Market Property, each affected property owner, or displaced business or tenant residing on any land which the Agency may hereafter seek to acquire by negotiated purchase or by condenmation will be entitled to receive relocation benefits and each business tenant under a multiple-year lease will be entitled to receive fair market value for the leasehold interest of the business as provided by all applicable law. The Council also notes that Owner Participation Rules for the Uptown Project Area contain significant and effective 4820-4987-5456.1 30 protection for each business tenant on the El Tigre Market Property who may wish to remain as a tenant within a new and redeveloped project or alternatively to each business which may elect to relocate to another address either inside the Uptown Project Area or elsewhere in the community at a location which is reasonably suitable to the continued operation of such a business. The Council further finds that each of the current business occupants of the El Tigre Market Property, including Mr. Mach, have been given adequate prior notice of the joint public hearing on the amendment to the Redevelopment Plan for the Uptown Redevelopment Project. The oral objection presented by Mr. Diem N. Mach is hereby overruled. 4820-4987-5456.1 31 Written Response and Finding To Oral Presentation Snbmitted by Jason Desjardins Mr. Jason Desjardins presented oral comments at the joint public hearings on July 19, 2004. A verbatim transcript of the comments presented by Mr. Desjardins is included in Attachment No.1 (Oral Objection No.7). Mr. Desjardins states that he is an owner of several parcels of land. These parcels are located in Subarea B of the Uptown Project Area. Mr. Desjardins states that he is neither for nor against the amendment to reinstate that Agency's condemnation power in the Uptown Project Area. However, Mr. Desjardins expresses an interest in being informed of any specific plans which the Agency may propose in the future for the redevelopment of the property he described in his oral testimony. Response to Inquiry of Mr. Desiardins: The Agency has no plans to acquire any of the parcels which Mr. Desjardins described in his testimony. However, the Agency does note that the State of California may in the future seek to acquire for 1-215 freeway right-of-way widening purposes some portions of the vacant parcels of land located on the east side of "I" Street directly opposite from the improved property which Mr. Desjardins owns at 274 North "I" Street. However, neither the City nor the Agency is involved with any such 1-215 freeway right-of-way acquisition by the State of California. The Agency is not the sole entity which formulates or proposes activities for the elimination of blight in the Uptown Project Area. Current property owners and businesses are encouraged to submit proposals for the redevelopment of the property and nearby lands to the Agency. If Mr. Desjardins is interested in participating with the Agency in the redevelopment of his property or lands adjacent to his property, he is urged to contact Mr. Mike Trout, Redevelopment Project Manager at the address indicated in the notice of joint public hearing for the Uptown Project Area. If he is contacted, Mr. Trout can provide any interested property owner or business tenant with a suitably detailed explanation of the types of redevelopment assistance which the Agency may be able to provide in a particular situation. Mr. Trout can also describe the type of information which Mr. Desjardins will need to submit to the Agency which sets forth a proposal for a specific redevelopment program on the part of the property owner. Once such a specific plan for redevelopment of the property is submitted to the Agency by the owner, the Agency can review the proposal and determine whether it is feasible and whether the Agency can in fact assist the property owner to accomplish the redevelopment of the property under the terms of a written "owner participation agreement" by and between the property owner and the Agency. 4820-4987-5456.1 32 A goal of the Redevelopment Plan for the Uptown Redevelopment Project is to encourage existing business property owners and business tenants to make capital investments in their property and expand their businesses in the Uptown Project Area. Findinl!: Based on the response set forth above, the testimony presented at the joint public hearing from Agency Staff, Redevelopment Consultant, Agency Counsel, this Written Response and Finding and the other evidence contained in the Section 33352 Report for the Uptown Project Area, the Council hereby finds that the redevelopment activities which may be undertaken by the Agency following the amendment to the Redevelopment Plan for the Uptown Redevelopment Project shall comply with all applicable law. The information set forth in the Section 33352 Report for the Uptown Project Area demonstrates that conditions of blight remain in the Uptown Project Area and that the reinstatement of the Agency's eminent domain power in the Uptown Project Area is warranted at this time. The Agency has no current plan to acquire the property owned by Mr. Desjardins by negotiated purchase or with the use of eminent domain. However, the Agency may have the necessity to acquire such property in the future, after further notice has first been given to the property owner to facilitate the redevelopment of the Uptown Project Area. If the Agency may in the future undertake the acquisition of any property in the Uptown Project Area, each affected property owner and business tenant on any land which the Agency may hereafter seek to acquire by negotiated purchase or by condemnation wiII be entitled to receive relocation benefits, and in addition to relocation benefits, the owner of the property wiII be entitled to receive fair market value for any property acquired by the Agency as provided by all applicable law. The Council also notes that Owner Participation Rules for the Uptown Project Area contain significant and effective protections for each property owner and business tenant in the Uptown Project Area regarding prior consultations with the Agency concerning any potential purchase of the property by the Agency. To the extent that the oral testimony presented by Mr. Jason Desjardins may be construed as an oral objection to the adoption of the amendment to the Redevelopment Plan for the Uptown Redevelopment Project such oral testimony is hereby overruled. 4820-4987-5456.1 33 Written Response and Finding To Oral Objections Presented by Guillermo Corona Mr. Guillermo Corona presented oral comments at the joint public hearings on July 19, 2004. A verbatim transcription of the comments presented by Mr. Corona is included in Attachment No. I (Oral Objection No.8). Mr. Corona states that he is a renter and resides in Uptown Subarea B. Mr. Corona does not appear to have an objection to the reinstatement of the Agency's condemnation power in the Uptown Project Area. In point of fact, Mr. Corona is concerned that the general neighborhood in which he resides appears to be neglected and in need of repair and maintenance. Response to Testimonv Presented bv Mr. Corona: Mr. Corona is interested in the redevelopment of his neighborhood and the Council thanks Mr. Corona for brining to its attention the fact that certain lands and areas in Uptown Subarea B require maintenance and improvement. Although the Agency has no current plans to acquire the property on which Mr. Corona resides, the Section 33352 Report for the Uptown Project Area indicates that conditions of blight are present in the Uptown Project Area, including Uptown Subarea B. Findinl!: Based on the response set forth above, the testimony presented at the joint public hearing from Agency Staff, Redevelopment Consultant, Agency Counsel, the other evidence contained in the Section 33352 Report for the Uptown Project Area and this Written Response and Finding, the Council hereby finds that the redevelopment activities which may be undertaken by the Agency following the amendment to the Redevelopment Plan for the Uptown Redevelopment Project shall comply with all applicable law. The information set forth in the Section 33352 Report for the Uptown Project Area demonstrates that conditions of blight remain in the Uptown Project Area and that the reinstatement of the Agency's eminent domain power in the Uptown Project Area is warranted at this time. If the Agency may in the future undertake the acquisition of any property in the Uptown Project Area, including without limitation the property on which Mr. Corona resides, each affected property owner, and each residential tenant residing on any land which the Agency may hereafter seek to acquire by negotiated purchase or by condenmation will be entitled to receive relocation benefits and the property owner will be entitled to receive fair market value for the property as provided by the CRL and all applicable law. To the extent that the oral testimony presented by Mr. Guillermo Corona may be construed as an oral objection to the adoption of the amendment to the Redevelopment Plan for the Uptown Redevelopment Project, such oral testimony is hereby overruled. 4820-4987.5456.1 34 Written Response and Finding To Oral Objection Presented by Shade Awad Mr. Shade Awad presented oral comments at the joint public hearings on July 19,2004. A verbatim transcription of the comments presented by Mr. Awad is included in Attachment No.1 (Oral Objection No.9). Mr. Awad expresses a concern that the reinstatement of the Agency's eminent domain power in the Uptown Project Area could adversely affect his family business if the Agency decides to acquire the property. Mr. Awad expresses a concern that his family and he may not be able to plan for the future if the Agency may reinstate its condemnation power. Response to Concerns of Mr. Awad: The business operated by Mr. Awad and his family at 685 West Baseline Avenue is situated in an attractive and well maintained small strip commercial shopping center. Unlike many of the other business property locations near to the Mr. Awad's store, all of the commercial store space in Mr. Awad's small strip commercial shopping center is occupied by various businesses which appear to be successful and which provide important services to the community. If the other commercial properties near Mr. Awad's place of business had the type of commercial business tenants and maintained their property in a similar condition, conditions of blight in the Uptown Project Area would be dramatically reduced. The small strip shopping center in which Mr. Awad's business is located is well planned, has adequate on-site vehicle parking (unlike many other nearby strip commercial properties) and enjoys good access and vehicle traffic circulation between the adjoining public streets and the property because of the newer site plan of design which takes into consideration vehicle traffic and circulation issues. Since the strip shopping center in which Mr. Awad's business is located is well planned and designed and maintained particularly in comparison to other nearby properties, it is not surprising that after many years of hard work Mr. Awad has a successful and vital business. The Agency has no current plans to acquire the property in which Mr. Awad's business is located. The property on which Mr. Awad's business is located is not blighted. Not all property included in a redevelopment project area must be blighted. The very nature of the designation of redevelopment project area boundaries often times requires that non- blighted property be included with blighted property so that all property (both blighted and non-blighted property) can be benefited by redevelopment programs. The attention of Mr. Awad is directed to the written materials assembled in Attachment No.4 which provide an explanation of the Agency's property acquisition policy and programs. 4820-4987-5456.1 35 FindiDl~: Based on the response set forth above, the testimony presented at the joint public hearing from Agency Staff, Redevelopment Consultant, Agency Counsel, the other evidence contained in the Section 33352 Report for the Uptown Project Area and this Written Response and Finding, the Council hereby fmds that the redevelopment activities which may be undertaken by the Agency following the amendment to the Redevelopment Plan for the Uptown Redevelopment Project shall comply with all applicable law. The information set forth in the Section 33352 Report for the Uptown Project Area demonstrates that conditions of blight remain in the Uptown Project Area and that the reinstatement of the Agency's eminent domain power in the Uptown Project Area is warranted at this time. The Agency has no current plan to acquire the property on which Mr. Awad conducts his business operations by negotiated purchase or with the use of eminent domain. However, the Agency may have the necessity to acquire such property in the future, after further notice has first been given to the property owner to facilitate the redevelopment of the Uptown Project Area. If the Agency may in the future undertake the acquisition of any property in the Uptown Project Area, each affected property owner, or displaced business or tenant residing on any land which the Agency may hereafter seek to acquire by negotiated purchase or by condemnation will be entitled to receive relocation benefits and the property owner will be entitled to receive fair market value for the property as provided by the CRL and all applicable law. The Council also notes that Owner Participation Rules for the Uptown Project Area contain significant and effective protections for each business tenant who may wish to remain as a tenant on commercial property which the Agency proposes for acquisition and redevelopment or who alternatively may seek to relocate to another address either inside the Uptown Project Area or elsewhere in the community at a location which is reasonably suitable to the continued operation of such a business. The oral objection presented by Mr. Shade Awad is hereby overruled. 4820-4987-5456.1 36 Written Response and Finding To Oral Objection Presented by Jay Lindberg Mr. Jay Lindberg presented oral comments at the joint public hearings on July 19, 2004. A verbatim transcription of the comments presented by Mr. Lindberg is included in Attachment No. I (Oral Objection No. 10). In his comments Mr. Lindberg does not indicate which of the two redevelopment plan amendments his concerns are focused. Mr. Lindberg does not appear to either own property or reside in either of the Project Areas. However, Mr. Lindberg does appear to be concerned with groundwater contamination issues which could potentially effect both the Uptown Project Area as well as the Central City North Project Area. Response to Concerns Expressed bv Mr. Lindberl! Relatinl! to Potential Contamination of Groundwater Resources: Mr. Lindberg is correct where he notes that potential groundwater contamination problems are present in the greater San Bernardino community area. The CRL also identifies environmental contamination problerns as one of many different elements of blight which may affect property in a project area. (CRL Section 33031(b)(1)). However, neither of the redevelopment plan amendments are being undertaken by the Agency in order to enable the Agency to assist with the clean-up of properties which contain hazardous waste or are the potential source of any groundwater contamination. The reinstatement of the Agency's power of eminent domain in both Project Areas is not being undertaken for the purpose of addressing groundwater contamination clean-up concerns. The Agency is not responsible for conducting such regional groundwater resource restoration programs. The proposed actions outlined in the Program Environmental hnpact Report, i.e., reinstatement of eminent domain; the conceptual Mercado Santa Fe development; the General Plan amendment (zoning change) are not related to any groundwater pollution. There are no known sources of groundwater pollution in either the Central City North Project Area or Uptown Redevelopment Project Areas. Findinl!: Based on the response set forth above, the testimony presented at the joint public hearing from Agency Staff, Redevelopment Consultant, Agency Counsel, the other evidence contained in the Section 33352 Reports for the Project Areas and this Written Response and Finding, the Council hereby finds that the redevelopment activities which may be undertaken by the Agency following the amendments to the redevelopment plans for the Project Areas shall comply with all applicable law. The information set forth in the 4820-4987-5456.1 37 Section 33352 Reports for the Project Area demonstrates that conditions of blight remain in the Project Areas and that the reinstatement of the Agency's eminent domain power in the Project Areas is warranted at this time. The oral objection presented by Mr. Jay Lindberg is hereby overruled. 4820-4987-5456.1 38 Written Response and Finding To Oral Objections Presented by Hope E. Durbin Ms. Hope E. Durbin presented oral comments at the joint public hearings on July 19, 2004. A verbatim transcription of the comments presented by Ms. Durbin is included in Attachment No.1 (Oral Objection No. 11). Ms. Durbin is the owner of multifamily dwelling property at 213 through 219 North "J" Street. This property is located in Uptown Subarea B and is also within the area affected by City General Plan Amendment No. 04-02. Ms. Durbin expresses a number of concerns in her comments. For the most part her concerns and comments are addressed or directed to what Ms. Durbin believes is a vague and ambiguous process. Ms. Durbin essentially wants to know "...what's going on...?" Ms. Durbin also questions whether there is any reason to believe that the Agency will treat property owners fairly, if the Agency may seek to acquire property. Ms. Durbin also claims that although she did not receive notice of the joint public hearing, her residential tenants did receive such notice and that "...[the City and the Agency] pretty much are scaring our tenants out of their homes. Are they going to continue to pay rent. 1 don't know." Response to Comments oeMs. Hope E. Durbin: As a preliminary matter, the Agency has no current plan to acquire the property at 213 through 219 North "J" Street by negotiated purchase or by eminent domain. As a second point which bears emphasis, residential tenants who are in breach of their rental agreements do not qualify and are not eligible to receive relocation assistance benefits from the Agency if their landlord's property is acquired. As a practical matter, it is an exceeding rare situation in which a residential tenant will be late or withhold the payment of rent if that tenant's eligibility to receive relocation assistance payments is jeopardized. (See Agency property acquisition and relocation assistance policy materials included in Attachment No.4). The reinstatement of the Agency's condemnation power in the Uptown Project Area does not necessarily mean that any property in the Uptown Project Area will ever be acquired by the Agency by eminent domain. The Agency's power to acquire property by eminent domain lapsed in the Uptown Project in 1998. In the twelve (12) years preceding 1998, the Agency did not acquire any property in the Uptown Project by eminent domain. However, the potential use by the Agency of its eminent domain power to acquire property in the future could assist the Agency to eliminate and prevent the spread of blight in the Uptown Project Area. In view of the fact that conditions of blight persist in the Uptown Project Area as documented in the Section 33352 Report for the Uptown Project Area, it is appropriate for the Agency to consider the reinstatement of the power of eminent domain to assist the Agency to eliminate and prevent the spread of blight. 4820-4987-5456.1 39 The procedures which the Agency follows in acqumng property are set forth in Attachment No.4. There are a number of features which are part of the Agency's property acquisition policies which provide assurance that property owners will be treated fairly anytime the Agency may seek to acquire their property. In addition, interested property owners are invited to consider whether they may wish to enter into an Owner Participation Agreement with the Agency as relates to the redevelopment and use of their property. As stated above, the Agency has no current plan to acquire the property owned by Ms. Durbin. If Ms. Durbin has a proposal for the redevelopment of her property, including other lands, she is invited to submit a written proposal to the Agency. In light of the City's approval of General Plan Amendment No. 04-02 (changing the land use designation of her property from industrial to commercial and office/professional), Ms. Durbin, as well as other property owners, may wish to consider entering into an agreement with the Agency for the study of a specific plan for the redevelopment of her property for that new land use classification. If Ms. Durbin has questions regarding the process of submitting a specific redevelopment proposal to the Agency she is invited to contact Mr. Mike Trout at the address indicated in the notice of joint public hearing for the Uptown Project Area. Ms. Durbin expresses a degree of frustration in her comments with the length of time and complexity required for accomplishing the redevelopment process. However, the redevelopment process is lengthy in large part because public participation is at its center. The redevelopment process may appear to be complex because the rights of property owners and tenants must be respected and protected. Finally, Ms. Durbin expresses a concern that the Agency failed to give her notice of the joint public hearing. However, as summarized in Attachment No.3, the Agency did in fact mail notice of the joint public hearing to the most current address on the County property tax records for the owner of the property. In addition, the Agency also sent separate notice by mail to each of the tenants or residents who live on the property. It appears that one or more of Ms. Durbin's tenants did contact her about the notice of joint public hearing which the tenants received from the Agency. Findinl!: Based on the response set forth above, the testimony presented at the joint public hearing from Agency Staff, Redevelopment Consultant, Agency Counsel, the other evidence contained in the Section 33352 Report for the Uptown Project Area and this Written Response and Finding, the Council hereby finds that the redevelopment activities which may be undertaken by the Agency following the amendment to the Redevelopment Plan for the Uptown Redevelopment Project shall comply with all applicable law. The information set forth in the Section 33352 Report for the Uptown Project Area demonstrates that conditions of blight remain in the Uptown Project Area and that the reinstatement of the Agency's eminent domain power in the Uptown Project Area is 4820-4987-5456.1 40 warranted at this time. The Agency has no current plans to acquire the property situated at 213 through 219 North "]" Street by negotiated purchase or by eminent domain. However, the Agency may have the necessity to acquire such property in the future, after further notice has first been given to the property owner to facilitate the redevelopment of the Uptown Project Area. If the Agency may in the future undertake the acquisition of any property in the Uptown Project Area, including without limitation with Uptown Subarea B, each affected property owner, or displaced business or tenant residing on any land which the Agency may hereafter seek to acquire by negotiated purchase or by condemnation will be entitled to receive relocation benefits and the property owner will be entitled to receive fair market value for the property as provided by the CRL and all applicable law. The Council also notes that Owner Participation Rules for the Uptown Project Area contain significant and effective protection for each property owner in the Project Area. The Council further finds that Ms. Durbin as the owner of the property located at 213 through 219 North "J" Street has received adequate prior notice of the joint public hearing on the amendment to the Redevelopment Plan for the Uptown Redevelopment Project. The oral objection presented by Ms. Hope E. Durbin is hereby overruled. 4820-4987-5456.1 41 Written Response and Finding To Oral Objection Presented by Martha Reyes Ms. Martha Reyes submitted oral comments during the joint public hearings on July 19, 2004. A verbatim transcription of the comments of Ms. Reyes is included in Attachment No.1 (Oral Objection No. 12). Ms. Reyes owns the property at 244 North "J" Street. This property is located in Uptown Subarea B. Ms. Reyes is a homeowner. In her comments, Ms. Reyes wonders whether the Agency may ever acquire her property, how can she be sure that she will be treated fairly by the Agency and how can she be confident that just compensation will be paid to her for her home. ResDonse to Comments oeMs. Martha Reves: The Agency has no current plans to acquire the property located at 244 North "J" Street. The property acquisition policies and procedures of the Agency are summarized in Attachment No.4. As described in the written response to the comments of other persons who provided testimony at the joint public hearings, the Agency's land acquisition policies and procedures provide property owners with assurance that they will be treated fairly by the Agency and the Agency will pay fair market value for any property which it acqmres. Findinl!: Based on the response set forth above, the testimony presented at the joint public hearing from Agency Staff, Redevelopment Consultant, Agency Counsel, the other evidence contained in the Section 33352 Report for the Uptown Project Area and this Written Response and Finding, the Council hereby finds that the redevelopment activities which may be undertaken by the Agency following the amendment to the Redevelopment Plan for the Uptown Redevelopment Project shall comply with all applicable law. The information set forth in the Section 33352 Report for the Uptown Project Area demonstrates that conditions of blight remain in the Uptown Project Area and that the reinstatement of the Agency's eminent domain power in the Uptown Project Area is warranted at this time. If the Agency may in the future undertake the acquisition of any property in the Uptown Project Area, including without limited the portion of Uptown Subarea B affected by City General Plan Amendment No. 04-02, each affected property owner, or displaced tenant residing on any land which the Agency may hereafter seek to acquire by negotiated purchase or by condemnation will be entitled to receive relocation benefits and the property owner will be entitled to receive fair market value for the property as provided by the CRL and all applicable law. The oral objection presented by Ms. Martha Reyes is hereby overruled. 4820-4987-5456.1 42 AITACHMENT"I" TRANSCRIPT OF ORAL OBJECTIONS RECEIVED AT THE: JULY 19,2004 JOINT PUBLIC HEARING FOR THE AMENDED & RESTATED REDEVELOPMENT PLAN FOR THE CENTRAL CITY NORTH PROJECT AREA AND THE AMENDMENT TO THE UPTOWN REDEVELOPMENT PROJECT AREA PLAN AND THE SECTION 33352 BLIGHT REPORTS TO THE MAYOR AND COMMON COUNCIL FOR THE CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA AND THE UPTOWN REDEVELOPMENT PROJECT AREA 4820-4987-5456.1 43 WRITTEN OBJECTIONS THE CLERK: Three letters, one dated July 17th, 2004, from a Mr. Paul Adams, 1156 North "F" Street, second letter is dated July 18th, 2004, from Ghassan Norman Abdullah and family, 1129 North "F" Street, the third letter is dated July 17th, from Deanna H.P. Adams, Ph.D., at 1156 North "F" Street, San Bernardino, California. ORAL OBJECTION NO.1 MS. ADAMS: Thank you, Mayor and Common Council. My name is Deanna Adams. My residence is 1156 North "F" Street. I reside there and have been so for 20 years here in San Bernardino. I would object to the eminent domain for the Central City for Redevelopment Project. This objection to the eminent domain Center City North Redevelopment Project, the City of San Bernardino, has targeted our area. That's also my area for eminent domain. In order to acquire our property in business and displaces from the place we live, own, or eam our livelihood. I believe eminent domain is an injustice forced upon the free enterprise nature to the constitution. Eminent domain is interfering with the process of free enterprise and democracy. The only appropriate manner eminent domain may be viewed democratically is if it's for agreeing to such an act. I have been a citizen of San Bernardino for 20 years leaving an affluent and desired area. I make a difference in our enviromnent. I came here to make a difference, and I did so. I was 37 years old, and my son, 15. I attracted people from allover our neighboring cities to Victory Chapel. Our chapel is the beacon in our neighborhood, and in spite of the low income I have received for 20 years -- and I tell you that is low income -- I've been faithful to the ministry, and I've established goodwill. I believe the goodwill of Victory Chapel was significant for all these years to sooth the negative energy or hardness in the enviromnent and changes for 20 years, despite the blight, as you say. Victory Chapel is an example of free enterprise, vision and goodwill. Further, now, the City of San Bernardino has increased real estate values in excess of 57 percent, and the population has grown in excess of 37 percent since 1999. These are indicators of prosperity, not blight. The population growth and real estate boom 4814-3501-6448.1 1 to help get rid of the blight in your area, dispositive changes is a result of dedication, goodwill, and a desire to make a difference in the beloved City of San Bernardino. I look forward to harvesting from seeds I've sown for 20 years. And as I have mentioned to you before, I made very little money in those 20 years, but I was there as a beacon in the neighborhood. Our chapel is beautiful, and we have done many, many services. As a matter of fact, our chapel is more beautiful than the most infamous chapel, Edwards Mansion. However, it is area, area, area. But I stayed and made the place different, a change. So I look forward in partakiti.g into the future of our beautiful San Bernardino in her prosperity. Why should I be outcasted and given the boot after I've been so loyal for 20 years. The future is not blight, it's bright. And I see an alternative, perhaps, through education, that we can educate the people in the area to make a difference. The people should be inspired to engage in free enterprise system and stimulate growth for profit and also goodwill. This City has shown very little effort to simulate and engage free enterprise in our particular area. I'd like to concluded that I did not receive a letter in the mail. I contacted the Redevelopment - the gentleman that is sitting there -- I'm a little bit nervous. I forgot his name -- and he did send me one in the mail. And our Vietnamese neighbors also at church did not understand the letter, couldn't understand the language. And our Spanish neighbors could not fmd an interpreter. So here we are in a neighborhood that is mixed with religions, cultures, languages, and we need clarity and simplicity in addressing issues regarding the essence of their lives. As I mentioned to you before, I've been there for 20 years, and I made very little money. And I'm not poor, but I love the ministry. Because making a difference in people's lives and -- in the area, that's what I'm all about. If I can do that as an example, you can inspire other people to do the same. I'm just human. Everyone has the same heart and same desires. Thank you very much for listening. ORAL OBJECTION NO.2 MR. ABDULLAH: Yes. Good afternoon, Mayor Pro Tern and Members of the City Council. My name is Ghassan Norman Abdullah. I reside at 1129 North "F" Street, San Bernardino, 4814.3501-6448.\ 2 92410. Honorable Mayor and Members of the Common Council, we, the Abdullah Family, and other members of your community, our neighbors in Uptown Subarea A, are writing this letter to make a formal -- we're objecting to the reinstatement of eminent domain in the Central City North Redevelopment Project. I'd like also like to comment briefly on the Environmental Impact Report. We believe that taking our homes and displacing our elderly parents who are on fixed income and disabled is morally wrong and unconstitutional, because it infringes upon our right of pursuit of happiness. And do not -- we do not deserve -- this does not serve the overall greater public good. You claim that it is to eliminate blight in this area. We challenge this notion, since it's the City itself that sets the standards and defines what is blight as they see fit, in order to achieve the overall goal of acquiring property at a low cost. We think the real reason for -- behind this project is to increase overall tax revenues as a fix for an ailing City budget and possibly other fiscal matters. We urge you to remove this label of "blight" from our area, Uptown Subarea A, where we live and work, and to promote more home ownership and improvements, not chase us and our families away. This redevelopment project is unconstitutional as it preys on the less fortunate and on the weak with limited resources who are unable to defend themselves. It takes one man's property and gives it to the wealthy real estate developer or other investors who have more money. Who are these developers anyway? Is this a secret? Shouldn't this information be disclosed to the residents and citizens of San Bemardino? What is the exact plan? Your constituents needed to know this. We do take pride in our community, homes and businesses, and we urge you to reject this development project and end in the reinstatement of eminent domain. We do not want to be uprooted from these homes and displaced, nor do we want to have the cloud of eminent domain reign over us and adversely affect our lives, goals and future plans. I would like to have comment on the Environmental Impact. I did read it. I do believe that it is incomplete, inadequate, and not thorough enough as it leaves many issues that are not even addressed or answered. For example, how many disabled citizens are impacted? Children? Elderly living on fixed income, and other low income residents who will be displaced by this project? What about the impact of the number of 4814-3501-6448.1 3 business that will be lost, in the number of jobs that will be lost as a result of this? In addition to an estimated revenue lost, and how about the impact of the current unemployment rate? What about the number of churches that will be impacted and the exercise of free religion? We know of at least five churches we have spoke with that will be impacted by this. What is the impact of this project on local flora, for example, and the dispersion of new entities, such as the West Nile Virus? None of these were addressed by RSG Consultants. This dust dispersion, also their impact on the prevalence of respiratory elements, of which many of our citizen have. Also, many other factors such as the impact of high intensity noise levels greater than 60 decibels which may be quite harmful themselves. In summary, the EIR report has many flaws and gaps. And I thank you for giving me this opportunity to be heard. ORAL OBJECTION NO.3 Reverend Paul Adams MR. ADAMS: Good afternoon, Mayor Pro Tern, City Council members. I am here to, of course, raise my objection to the reinstatement of eminent powers upon the redevelopment area. I would also like to say that I'm one of the individuals who will be affected by this course of action that the City plans on taking. See, it's one of the whole politician's favorite choices and lawyer's favorite choices of tricks to use fuzzy math when they put together these reports. They use statistics that really only show one side of the story. It doesn't show the story of the people, the story of the business of the proposed areas. We have lived at 1156 under the acts of eminent domain for five years, and you ask us to live under it again for 12 more years. If it is my civic duty to live under this action, then I'll bear this burden; however, it does interfere with my pursuit of happiness, my pursuit to know where I'm going to be next week, next year, next month, is affected by this decision. Another 12 years of my life where I don't know where I'll be next week. The EIR incorporates the use of statistics that are questionable at best. The ERA states the project area has a higher percentage of disrepaired buildings, higher crime rates, and more civil code or code violations. Much like Enron, who uses their numbers to promote 4814-3501-M48.l 4 themselves, the City is the main person who gets its statistics. If they want more code violations, you just send more inspectors to that area. If you want more police or you want more arrests, you simply send more police to that area. It's simple. Plus these areas that you are engaging in are major thoroughfares through the state or to the City of San Bernardino. But all those being aside, I think that the most important thing that we have to consider when dealing with the idea of eminent domain against people, against businesses, is the most important reason. And that is the reason why I'm here today. It is for the City or the people who live in the City of San Bernardino. And I drive through the City. I do not see the blight that is what our RSD, or whatever consultant decides he deemed as blight. Being from Santa Ana, I'm sure he has a different idea of what blight is than I so. Because I see people who are working and toiling hard to put their children through school. I see the people from different cultures, from the Vietnamese church across the street from where we're at to the Central American church who escaped religious persecution in their own land to come here to build a church to get people to come to their services, and they're going to be asked to leave. I see the poor masses who work hard coming from different countries. I always see the poor masses of people who might not have all the benefits that other people have working hard to make this place great. I see the smile on that small business owner who filing pays offhis mortgage to his business and is able to see the dreams of possibility of the future. I see light, I see hope. Most of all, I see America and what it stands for: The People. It is not what that -- and again, even if you look at more of these big map, it's what I don't see. It's what I don't see that is really important to me in San Bernardino. I don't see in the middle of our downtown area, the middle of our City, another Wal-Mart, another Sam's Clubs, another high-rise which takes away from individual people and gives money to out-of-state developers for them to develop. Or probably think we've been here working hard to improve this place for. That these needs to be taken into consideration. Now I don't envy your jobs. None of you. You sit there, and you make decisions upon people's lives that effect every aspect of their lives. And I understand that it's not an easy job all the time. You have to do what you think is in your heart is best. But as for me, don't neglect the people of 4814-3501-6448.1 5 San Bernardino. They are our greatest resource that we have, more important than Sam Wal- Mart, more important than anybody else. They rnight have the money. They rnight have the power. They might have the ability to put that money into their community to make it a better place. But what happens to the individual business owner? What happens to him? Does he work for Wal-Mart again? Maybe that's the whole state of our future. Maybe that's everywhere. Maybe that's just not San Bernardino. Maybe that's just the way it all is going to go. The business is going to take over everything, but now is our opportunity, and I urge the City Council Members to take this moment to think and reflect upon this, and to really take care of your small business owners. The people who care about this City who really -- it matters to them whether we go or whether we stay. God bless you all. ORAL OBJECTION NO.4 MR. ESMAT: My name is Abde1 Esmat, and I'm living at 762 West Seventh Street, San Bernardino. I'm not here to add to whatever has been said. Whatever has been said, it's a lot, but I'm here to say that I'm with Sunsource Surgery Line, and I find out that in California itself, they are 25 percent of the people of California, they have homes and houses. Twenty-five percent. That's all. And the rest is they are renting from different. And to have a house in California, it's really, really huge. It's not an easy. It's not an easy, especially for somebody's working so hard, and he has dream. He make his dream true. And he saw so many happiness in that little place he live was, and sees so much with their community. Living in the City and see the City change day after day and grow. And I don't believe that any plan, it will make the City so much different and actually, I had a thought in that City in the middle of that project. If we assume that we have a museum for the best artist in the world on the wall, are they going to make this plan? Are they going to demolish that museum, or are they going to say, "No, we cannot touch that"? i can answer that for you. I'm sure they would leave that museum there because of the best art of the best people in the world. But there's something that's more than that. There's a dreams for those people. They live therein the community. I'm living day in, 4814-3501-6448.1 6 day out for those people. I have neighbors. We laugh. We communicate together. There is a lot of things, a lot of hope, a lot of dream, a lot of things. You cannot just demolate it. You cannot just say by one of the law we can demo late all your dreams in one second. You cannot take all the dreams out of all the happiness between those people in just by somebody saying, "Okay. We have that project." We don't have to have permission about that project. We never made notified about what's going on in that City exactly from A to Z. We just say, well, you are here to say whether you're going to get that or not, but I'm here to share with all those people that the , thought and the agreement that I wish that if it's going to work, it's going to work the right way. And I don't know, if, you know, if it's going happen or not. I'm just part of something here, I tried to present it, and I hope it's going to work as the best for all these people. And thank: you. ORAL OBJECTION NO.5 MR. ORONOZ: My name is James Oronoz, and I did take the oath. This is for 1212 West Second Street in San Bernardino. And it's across from La Tigra, the market the fust lady that was talking about on the other side. And I wanted to oppose the eminent domain, and I wanted to let you know that I've managed -- it's a large piece of property, a large piece of commercial , property. I've managed that property for over 20 years. I'm here to represent about 25 small business tenants that currently occupy that place and that had made their livelihood, and have their business there. When we came to that property, Stater Bros. moved out. They moved into a brand new building. That whole place was totally vacant. The only thing that was there was a Crown Drugs. And we got in there, and we started working. We tried to build that place up, and we tried to bring it back to life with minimal funds. We didn't have money to go ill and blockbuster and do a big thing, but we did the best we could, and think that we've done a fair job. It needs some work, and itneeds some fixing up, but that place has, in the last 10 or IS years, has brought families there that have made their livelihood from that place. And then for me to hear this lady say that the city's going to come in and just tear everything down and even though they're going to build another market there, we already have a market there. We have a 4814-3501-6448.1 7 market that is viable to that type of an area, Mexican/American area. And it's a Mexican/American market. If you want to put a Best -- or Best Buy or Best Foods there, whatever, it's not going to work. And then, I want to say, you know, San Bernardino has a lot of new buildings sitting allover the place, and they're not doing anything for the City. Another new building over there, vacant new building, or vacant land is not going to help the City at all. So I ask that you, please reconsider eminent domain and reconsider what it is that you're planning on doing to that -- to that property. I also just want to comment -- and I have no expertise in this -- but how is it that people from Santa Ana, Van Nuys, Santa Monica, can come over here to San Bernardino and tell us what's best for our City? It makes no sense to me. I mean, they're growing and they're viable out there. But I'm sure we have good companies right here in the City that would be able to do redevelopment or whatever. I'm not sure exactly. All I'm trying to say is that let's keep it in the City. MR. MC GINNIS: I wanted to ask one quick question for the man from La Tigra. MR. ORONOZ: Yes. MR. MC GINNIS: Did the redevelopment agency ever offer your business to participate in the redevelopment? MR. ORONOZ: I'm not aware of it. They did not come to my business or any of our businesses and offer us a chance to participate. MR. MC GINNIS: Because my understanding is that the La Tigra owner, the building owner, was offered, and we insisted -- wait a minute -- we insisted, the Council did, insisted that they would participate in the project. And what we were told is that they didn't want to participate in the proj ect. MR.ORONOZ: That's very well -- that very well could be. I'm not aware of any of the other tenants. I am the owner of the business next to it, and I was not asked to participate. MR. MC GINNIS: Okay. Thank you. MR. ORONOZ: I'm not sure if anybody else was. THE MAYOR: Thank you. 4814-3501-&148.1 8 MR. ORONOZ: And his reason, probably - and I've not talked to him about it -- but his reason probably for not wanting to participate is because the area, you know, it's hard to work with it. And it's a struggle to keep a business. MR. MC GINNIS: You know, under redevelopment, we will be offering that property again to the people who are there if they want to continue their business in that area. So they will get first -- first right at it, because we like to keep the flavor there, but we'd like to have new structures. MR. ORONOZ: Sure. Except the only difference will be the difference of paying $400 a month and paying $4,000 a month. ORAL OBJECTION NO.6 MR.. MACH: Hi. My name is Dean Mach. I'm from address 1224 West Second Street. I lease the property from the Coronas. And I just wondering what's going to happen to that place. We have a lot of people in that place. And one week I hear somebody come over and said, "We're going to buy this property and going to smash it down." And I lease an extra unit next door to my business, so I have two right now. And I have a long lease with the Coronas. And -- but I don't know what's going to be happening to me. And I need the answer. The Coronas doesn't even know when the City is going to tear it down. What's going to be next? That's all. ORAL OBJECTION NO.7 MR. DESJARDINS: Good afternoon, Honorable Mayor and City Council. My name is Jason Desjardins. I'm a property owner close to vacant property. I can give you an AP number, 0134- 263-19, -20, -21, -22, -23, -26 and -27. It's across the street from a historical building or a building of historical value in 1913, before the Courthouse here, within a existing business, which I have interest in possibly getting involved with in the future. The question I have is, how soon is this project going to take place, that is, in your Lower Central North Project area? I cannot say that I am for or against the project. I come from L.A. I lived there for 25 years, you know. In most older areas over there, they do redevelopment where they give property owners 4814-3501-6448.1 9 incentive before they go in and they clean sweep it. And so we have Tippecanoe over here where they've done that. They put all the big buildings and Costcos, and everything else. How much do we need that in the City? It doesn't really go towards the lower income housing area that is adjacent to my property that I'm describing. The blight that's mentioned, I spent the better part of every day in there in that business area. And I saw more blight across where I parked my car in the park I was afraid to park my car over here down the street in front more than a block away from here. There was more blight there in the park - the City Park that represents the City of San Bernardino more than the property that we are occupying in the area that we're in. Mr. Mc Ginnis, you mentioned that participation is voluntary. Could you please maybe elaborate on that? MR. MC GINNIS: Whenever there's a large business in the project area, we offer them that chance to participate in the project, because they would have the financial means of participating. I liked how you talked about your other project areas. One of the businesses that decided to stay and participate was the In-N-Out Burger. So they're remaining in the project area. But most of those residential which won't be included in the new project. So business we do, if we're redeveloping it for business purposes. And you were saying earlier about do we need any more businesses. What we need is employment. And we also need to tax revenue that we'd sometimes don't get from blighted areas. In fact, the blighted areas cost us more money. So it is important for us to always keep in mind about really redevelopment so the City can grow and not remain stagnant. MR. DESJARDINS: What you said is very siguificant. I'm a Union member of the -- MR. MC GINNIS: Me, too. MR. DESJARDINS: -- local city government and County of Los Angeles, local county government. So you're doing private industry, Private industry is the backbone of any City, be it for basic employment for the lower education level of people of society, people who don't have degrees. I don't have a degree. I had graduated high school, but I employed 40 employees, is, in my consideration and in President Bush:s consideration, the backbone of America. Most 4814-3501-6448.1 10 businesses, this is what your tax base is from, the whole City of tax base comes from the smaller businesses. Yes, you get a lot of stuff from, you know, maybe Flesh Girls, or god knows what other Hospitality. There's a bunch of businesses over there. I guess my point is what are you guys planning on doing as far as these business, if you're going to take and push the housing out, or keep them up and put everything, I can't afford to buy another house into a housing project like they do in Los Angeles. That's not my business. And I'm a business owner. So I'm not here to negate that sort of movement. MR. MC GINNIS: I'll tell you, like in any HUD project-wise, you spoke up. He have about 80 houses that we had to displace. I found each and every single person who wished it, another home to live in, at a comparable rate. There was one gentleman who only managed three properties, and he believed that's all he could do. We found him three other properties to manage in trade for his properties. Those who wanted to be bought out were bought out. So we managed every single one of those people, and cared for every single one of them. And that project area, that happens to be in my area. So I took the time with a lot of them myself to make sure. We have small businesses that are in our project area, and we'd like for them to stay here in San Bernardino. If they don't fit into the project that we're doing, we'd like to help them relocate to an area which they would be better served in the community. We have lots of places in San Bernardino. And -- but we believe that what redevelopment does is to try to bring up the level of the environment so that we will have greater participation for people who like to shop, and for people who would like to live. A lot of the project area will have new homes in it. We don't drive anybody away, then we have homeowner assistance. We have down payment assistance. We've low-interest loans to provide for them. All kinds of things. But it's all through redevelopment, and redevelopment funds. It's not something we can take out of the general fund. If you don't have a project, you can't get fund money, okay? So, these things will 4814-3501-6448.1 11 also help us to upgrade our City on all ongoing basis. Some of the houses from the project area were built here from the turn of the century, and so we have, you know, very, very old houses. It's something that we have to look at all the time about upgrading. And plus, we also have to look into how many times we have fire emergencies and police emergencies in a particular area. And one of the reasons for those emergencies, is how much is it costing the City to handle those emergencies? All of those things have been taken into consideration before we ever think we wanted to run into displacing people and moving them around. And so, you know, we've taken a lot of things into consideration when we think about doing a project here, a whole lot of them. MR. DESJARDINS: Sir, I find that very commendable, that right there you said about how you're helping people to find comparable housing. That is very commendable. A lot of cities do not even take that into consideration because of the skyrocketing housing market. MR. Me GINNIS: Even the renters that were in the area, we give them $5,000 in relocation expenses to help them find another place to rent. THE MAYOR: Thank you. MR. DESJARDINS: I'm sorry, ma'am. I had a couple other questions. Mr. Derry, I don't know, you said you worked for Edison, was it? MR. DERRY: Yes. MR. DESJARDINS: Okay. I notice you've got a joke, or you're laughing. On Friday, our business was without power for about six hours, and we lost a considerable amount of revenue from Edison. What do you do about failing power lines to our area, because it's the oldest area in San Bernardino, as far as I understand? What are you guys going to be doing about that? THE MAYOR: Excuse me. I think the testimony we're taking has to be relevant to the issue that we're addressing. MR. DESJARDINS: This is part of the redevelopment plan. I'm a business or land owner in this business. Are you guys to go to be -- 4814-3501-6448.1 12 THE MAYOR: Don't take this personally. MR. DESJARDINS: No. I'm just asking questions. I'm just saying displacement in this area, and we are able to maintain our business in the area, is that going to be on voluntary basis, or is it going to be only elected by the occupants, or going to be elected by the land owners or what if the landowner wants to sell the land? Is the business going to be displaced? That's part of the -- I guess what we're asking. Thank you. ORAL OBJECTION NO.8 THE WITNESS: Hello. I'm Guillermo Corona, 239 North "J" Street. I rent. And the only reason I'm coming up here is because I'm noticing -- I don't know if it has to do about the redevelopment. But I think it does. Now that it's going to be a commercial zone, and I'm noticing that there's -- the conditions in the area are being neglected, like the trees are going wild. You can't even park your car under some of the trees because the trees are overhanging too low, and there's potholes in the streets and stuff. I don't know if it's being neglected, because it's being overlooked or because of that, or what, but that's -- Ijust wanted to make that clear. ORAL OBJECTION NO.9 THE WITNESS: Shade Awad, 685 West Baseline, regarding Midway Market. My family has owned that business for 14 years. I'm 24 years old now. When I was 10 years old, we came from Michigan to California for this business. It took us nine years to pay for the business after getting loans and all this. And after 9 years now, we're starting to be successful. Last year, we were considered by the State of California to be a supermarket. Supermarket means we do about over $2 million worth of sales every year. It just took us so long to work hard to get where we wanted to be. And even if they remove us and put us in a different spot, better location, it's still going to take away our customers, because the customers that come for our gallon of milk or for a loaf of bread right now we're employing 14 to 18 people normally, people with full-time jobs, 4814-3501.{i448.1 13 part-time jobs. We have a school across the street. People that come for fifty cents worth of candy, half of the time it's a food stamp card, or 25 cents. We wait on them patiently, because they're our customer base. If with do get relocated, we won't have that kind of customer base. What's going to ensure that a person that has big amount, large amount of income? What's going to ensure that they are going to come to our small store? What's not going to ensure them from going to Stater Bros.? A lot of these times, these people right now, they don't have the means, car means, or they travel on a bus or travel less than a block just to get what they need. And for us, it's kind of hard, because we worked so hard to get to our point. And now we're at that point where my uncle can take a vacation, my dad can take a vacation, if I take two days to spend with my kids in San Diego, I can do that. But it took me so long to get to that point I'm in now. I'm getting to that point job. That's going to happen tomorrow. And eminent domain, does that mean, "Okay. lbis is the plan." We're within five years you're going to be out right now? Within five years we're going to pay you this amount, within five years, within ten years, within six years, within four years." We don't have a time frame. And the time frame is huge. If someone wants to come up and say, "I want to purchase your business, but, oh, I heard about the late project." "Oh, I heard about the 2020 project," or "I heard that you guys might be out in two years," what am I going to say? You know, if my kids -- should I invest in the City of San Bernardino, or should I invest in running away? And how is -- I don't understand blight. Blight doesn't make sense for me. Does blight - whose perception of blight is it? My perception of blight would work hard. We all day there we're 13 hours working everyday, and so we're 13 hours. And we're seeing fruits. That's why we're working hard, you know. And now, since we see it, what are we going to do? Are we going to run away? Are we going to go somewhere else? Is there a positive? I just don't know what to say. I'm just like say I am nothing to write. I even came here because yesterday. Gentleman gave me the letter that says, "Well, we want to go eminent domain. You better go there." I read the letter. I said, "Well, I'm, you know, we're -- this is our business. If I'm not going to do something about my business, who is?" And the main thing for me is as long as we know or the community knows what's going on. How can I 4814-3501-6448.1 14 plan for my family if I don't know what's going to happen two or three or five years from now? And the problem with this process is there's no chart. It does not say that, "In this year, this will happen. Weare going to give you this much money if we relocate you. Your business is worth this much. You know, our property is worth this much." Who's going to succeed? Is it the people in San Bernardino? I doubt it, because after you guys relocate them, it might be true. You know, I'm playing it is true if the people of San Bernardino, the inner people that are there, if you guys move them somewhere else, are better people, better quality of people, that are going to live there, or are you guys going to give thern the same property? I don't know. I'm just talking from a business standpoint. What am I going to go do as of now? Shall I look to move out of San Bernardino and not help San Bernardino? Or am I going to wait and see maybe 5, 10, 15 years from now, or I might have lakeside property with no customers. Doesn't make sense to me. That's it. ORAL OBJECTION NO. 10 THE MAYOR: Not here. Jay Lindberg. MR. LINDGERG: Good afternoon. Jay Lindberg, 664 West "E" Street. The truth is so dangerous, in City politics and it must be surrounded by a bodyguard of lies. We need to -- I'd like to see us, for a change, actually tell the people what's really going on; That you have some really nasty waste plumes, water plumes, that are working down your underground, your underground wells, they're contaminated, you know. We know that, you know. Anything west of Waterman all the way to the freeway in San Bernardino, the groundwater is polluted. We all know that. And we all know we have to clean it up. Now, the easiest way to clean it up is to aerate it. We know that what we've got to do is we've got to, you know, to me, it sounds like it would be a lot simpler if you told these people that we're rapidly run out of safe drinking water, and we need to set up a mechanism to clean the water we've got left, so that we have water to drink. To me, that's sounds like a whole lot simpler and more logical way to deal with this mess than just, you know, saying, "Well, we need this for redevelopment." The bottom line is we do need to clean up the plume that's west of Waterman all the way to the freeway. We've got to 4814-3501-6448.1 15 clean it up. Aerating it, as far as I know, is the only way to clean it up. You can't expose the public to the -- the -- volatile organics, solvents, and stuff like that. You can't expose the public to that when you're cleaning it up. So you've got to move them out. Now, if you try to explain it to the public and say, "Look, this is what we've got to do so we have safe drinking water instead of wrapping it up behind these developments and the whole bit. And so just tell them the truth. It may be they will be a lot more cooperative. Let me j~st ask a question. Does anybody up here on the Council live in one of those areas where they're going to be doing these redevelopments? Anybody? I didn't think so. I guess I really don't need to say anything more. Just try to be honest with these people. We do have I'm because we're running out of clean wells to drink -- to drink from. We know that. Just tell them the truth, and you might be even get a lot more support. Thank you. ORAL OBJECTION NO. 11 MS. DURBIN: Hello. My husband and I, we own property on 213 through 219 North "J" Street. And I guess we're one in the Mercado area, I guess, number one. We're just really confused. And just as business owners -- not business owners but we own property we just kind of want to know what's going on. And everything that I've read on your website is just super vague, super uninformative. Unfortunately, for the average person, I think it's just a bunch of mumbo jumbo to sort through. I think the average person here is just totally confused about what you guys are doing. You're not being clear. Number two, we were not notified. The only way we found out was because my mother-in-law also owns property a street over, and her tenant gave her the flier. These notices were sent to our tenants, not to us, the owners. You pretty much are scaring our tenants out of their homes. Are they going to continue to pay rent? I don't know. Are you telling them when this is going to happen? No. You're not giving a time frame. We currently are listing this property. We've had an offer that was just given this weekend, after we found out on Friday, for $300,000. Is the City going to match that kind of pricing? Are they going to lowball all of these property owners? You know, the real estate market is booming. Can we, in good conscience, still accept an offer knowing that our property 4814-3501-6448.1 16 is now going to be under the eminent domain? I don't know if that's ethical. You've put us in a position where we don't really know what to do. We -- you know, this is my husband and my-- this is our investment. Are we going to lose out? And the thousands of dollars that we put into this property in the last two years fixing it up, painting it, cutting the trees, which is very expensive, you know, cleaning the rain cutters, retexturing all the walls, redoing all the plumbing, and for our tenants so they have a good place to live. And now we're going to lose out on that, or are we? Because we don't really know what's happening, and nobody's being up front and being honest with all of these people. What exactly is going to happen? What is this redevelopment thing mean? Who is going to lose their properties? Are we going to gain? And as investors, we kind of feel like you guys are going to be giving this land, your taking it from us, and then selling it at a high price to these other investors that are going to buyout with big dollars. And at least give us the chance to cash in. I mean, if we have to lose our homes and properties, we should be the ones profiting. The City is not a business. And we -- I just want to make sure that everybody, including myself, is treated fairly in this situation, and that we are given what our property is worth, and also realizing that we're losing out, especially homeowners, I mean, they are being inconvenienced completely. As an investor, I mean, as an investor, if you pay us well and we get what we believe our property is worth, you know it's not the end of the world. But if we feel like we're being lowballed, and we're not being treated fairly, but for homeowners, even more they should be compensated. And my concern is that everyone is treated fairly. And when you guys are being honest with us, and that we know that we're given a time frame, and we're informed on what we should do, what is ethically correct, can we sell our property, and run out, like some people were saying, should we be selling, and can we sell telling people that, you know, we're going to sell this to you, but in a year or take six months from now the City is going to take it from you. And those are just some questions that I would like addressed. And everybody else want to know what's happening, you know. Be straight up with us. Also, if we are forced to sell, are we going to have to give 30 percent of our money to capital gains, because in a way, we are being forced to pay taxes. 4814-3501-6448.1 17 ORAL OBJECTION NO. 12 MS. REYES: My name is Martha Reyes, 244 North "J" Street. I moved there about two and a half years ago. I was 25 at the time, and I moved there because it was seemed like a good area. The street is a nice streets. There's a big tree. Sorry about that. I moved there to invest in a house, first-time buyer. And people started telling me that, you know, the house was going to be torn down, which is fine as long as I get what I put into the house, the amount of money, plus the equity. Without, you know, with rezoning into commercial zone, doesn't seem like I'm going to get the amount of money that I want or that I deserve. I mean, I bought it at $60,000, and now it's a worth at least $150. That's a lot of -- that's a good amount of money that I'm going to lose. Now, I understand people are complaining that they're going to lose their houses and everything, but seriously, those houses in that area are not very good. I am not a mother yet, but when I do become a mother, I do not want to be living there. So I also want to know the time frame when I intend to expect to be bought out so I can move. That's all I'm waiting for, because I don't think I can sell knowing that it's going to be torn down. That's all I have to say. Thank you. THE MAYOR: Thank you. That was the last of the speaker cards that we have. I want to make sure that I didn't miss anyone out there. 4814-3501-6448.1 18 AITACHMENT '.'2" SPEAKER SLIPS OF ALL PERSONS WHO PRESENTED ORAL TESTIMONY RECEIVED AT THE: JULY 19,2004 JOINT PUBLIC HEARING FOR THE AMENDED & RESTATED REDEVELOPMENT PLAN FOR THE CENTRAL CITY NORTH PROJECT AREA AND THE AMENDMENT TO THE UPTOWN REDEVELOPMENT PROJECT AREA PLAN AND THE SECTION 33352 BLIGHT REPORTS TO THE MAYOR AND COMMON COUNCIL FOR THE CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA AND THE UPTOWN REDEVELOPMENT PROJECT AREA 4820-4987-5456.1 44 Speaker's Request To Address Mayor and Common Council Regarding Item on Agenda 5r./(, A vt~v1V 30 - 3 2. /~ Agenda Item No. Date 7/1"i/zoo<f Name G-I-l F\sSA,J AB.o..LUl-\.f 'l II Address 11.2 'l NotrT1f F Sr~1SGr s rJ B f.llfJ"I1..DIN\J J C(,l- ~ tk -r1:!ZJt~ &70AW'- , 21.{ ~o ~ pport Aooroval of Item :2) Support Denial of Item-L 3;/ _., Speaker's Request To Address Mayor and Common Council Regarding Item on Agenda c Cr/ 0-3"1.. Date' Name AbdJ./ d2..' E<; m o:l Address 7 fo 2.. w. 7""'''' 5 t <;;.p N b<2- r V)()., v-rl: v-- 0 (7.4 92'-Jf (!) Ii- Support Aooroval of Item Support Denial of Item-X- CNCL-2.01 Speaker's Request To Address Mayor and Common Council Regarding Item on Agenda ;tw;-r' /t# "j. ph.. Agenda Item No. )b- 3;2.. et-u....f b<c.. Date f)7/1'I/o-f Nam~U~Jti-Jvtl.l1 /.kJ)4 hi..... PL.0 Address /1J6 W1J.1.--I<. F s, r _)C4, '8 ~, {;y:L. Cj:2_'i.!fJ q 0 1- ~. ~ c/ - 6/0 <.- Support Aooroval of Item __.__ Support Denial of Item t-- C~Cl.2.01 Speaker's Request To Address Mayor and Common Council Regarding Item on Agenda ( " -~ t= SlAt> 11 V)?ttlW VI '. . hi', J z.t f ,., ~ (~ Agenda Item No. .3 0 - 3 p.. ~ . "._ 01/ f '1 (O'f .1.tI, fAt(L IllJlffJJ Name f'.l Address 1/ Sb /J1", I<. iL P 6 r Sa., F>ko, (;p tj2HfU Date Support Aooroval of Item Support Denial of Item f.......-- CNCl-2.01 Speaker's Request To Address Mayor and Common Council ...."U.gltnm - Ag..d. X Su ~ IJ ufl-Ww'1 Date Name Address Support Aooroval of Item \ V' Support Denial of Item CNCl-2.01 Speaker's Request To Address Mayor and Common Council Regarding Item on Agenda ~ \A {\. ~ VI(lJrNv'. hp '"' f\A.efcMOI ~i\'1tCl. fe> } i r~l" Date Name Address Ar(Cl - (\f'i'l. ? Support Denial of Item / CNCL-2.01 Speaker's Request To Address Mayor and Common Council Regarding Item on Agenda Date <; tA R, 12 U1 p+tlwV'\ Agenda Item No. 7 - /9- c:9t-/ Name YJ1M;:;S () ~tJ/VtJ ;?- /-/1) Address J.~ / ~ VII. ~ ---.37 --- CNCl-2.01 ,,", ',,,",,_,<..::t,,.___ Speaker's Request To Address Mayor and Common Council Regarding Item on Agenda S~il, ~ v.~V" Agenda Item No. ~~ \ ~ eto Date 071,"/o~ Name . .,Juo,JI::>e.SJAA-br,JS Address 2-7~ ill. r ;:r: c:5.r~.-.D:DIO,. CA 9z.'1/O (' ~ ","V' ~ l~ rJo-"~ ~&^-J? Support Aooroval of Item 0.0>'/ Support Denial of Item ~ CNCU..' Speaker's ReqUes<fc( 'd'~ Mayor and Common Council t Regarding Item on Agen~a J1Jt!f"( !lEIU; Su I'.:> 1:> \,\ ().t-tw VI Agenda Item No. S'W5 II r.t"A '/5 ' Date Name ~;'TJ.. R 1.. nJI:: S W. ,{.-'lei ::;1 Address 10 3 cJ '.s-4/V 1-5,K,f""Al.4n!, A-n '7571'/0 ~:t7.J-q j)esgrr S"-f-,vc( /I/~Y$ ~ele: ('1\ 'l~Q!:, Support ADD,oval of Item Support Denial of Item t--.-- CNQ.-Z.Ol . _..__..~....-" ~- .--." -. .-"'~--~-'--"-"'-"-' --~~.."",=;....#-..-..."", Speaker's Request To Address Mayor and Common Council Regarding Item on Agenda S",{I;. ~ \A{lJrrvv"" "f Agenda Item No. ~ D /lll~/f)4- Name_t-t/JPC E, O~IA.J Address I bt/V? tIll?WLL /hr<e::tr117? FO(\J/ArJ/t) aT V;),S? (' Date ~I~ A..^.i~~ ~IS' rJ. V sf I Sf'; - vvv-="..... Support ADD,oval of Item ? Support Denial of Item CNet-2.01 Speaker's Request To Address Mayor and Common Council Regarding Item on Agenda St,Ae A ",p.frwVl . .' >, ,,)0/J0 Name Agenda Item No. Date '='>111 .J Address 9105 \J nv..'if \ ;()e. ~M flcrI\IJJ:I1i) . ( .A ~;)LJ 10 . Support ADDroval of Item __'__'._ Support Denial of Item CNCL-2.01 Speaker's Request To Address K Mayor and Common Council Regarding Item on Agenda . i\". . ='0 fvt.Uw Support ADDroval of Item Support Denial of Item CNet-Z.01 ~r ~ Speaker's Request To Address Mayor and Common Council Regarding Item on Agenda Speaker's Request To Address Mayor and Common Council Regarding Item on Agenda . ^ ~ ,.irA- )",f:, +l LA 1'.,.. 7 e~ Agenda Item No. 3 0-3':< P O,,?u... 07/1"1/0"; e.a4.:OL L'~ fIn /P7~ :Fsf E ~,_ (' A6 1:l., 'I iv ~ v.,p, f!, ""fI ~I"\ ~ Name Agenda Item No. .J!:.1:JO Date ~ o~ Name ~ ~fS Address ~ '1 ) . St I f'bk Date' Address .54, Support Annroval of Item Support Annroval of Item Support Denial of Item v Support Denial of Item . CNCL-2.01 CNCI.-2.01 ATTACHMENT "3" JOINT PUBLIC HEARINGS MAILED NOTICE CONTACT INFORMATION FOR ALL PERSONS SUBMITTING ORAL TESTIMONY RECENED AT THE: JULY 19,2004 JOINT PUBLIC HEARING FOR THE AMENDED & RESTATED REDEVELOPMENT PLAN FOR THE CENTRAL CITY NORTH PROJECT AREA AND THE AMENDMENT TO THE UPTOWN REDEVELOPMENT PROJECT AREA PLAN AND THE SECTION 33352 BLIGHT REPORTS TO THE MAYOR AND COMMON COUNCIL FOR THE CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA AND THE UPTOWN REDEVELOPMENT PROJECT AREA 4820-4987-5456.1 45 Speaker Slips EIR/CCN/Uptown 7-19-2004, Public Hearing Deanna Adams Address on speaker slip was: 1156 North F Street Victory Chapel; APN: 0140-031-45; Uptown "A" In her written objections she identified herself as Deanna H.P. Adams, PH. D. At the Public Hearing she identified herself as Deanna Helena Petrovna Adams. Spoke to Deanna Adams on 6/29; she stated that she did not get a letter and requested one; owns business & property at location. Owner notice sent to Helena Petrovna, 1174 Kotenberg, San Jose CA 91525. NOTICE RETURNED TO EDA Occupant notice sent to 1156 North F Street. NOTICE NOT RETURNED TO EDA FA TCO Fastweb property info shows Helena Petrovna as owner SB County Assessor web site shows Helena Petrovna as owner since 1987 Ghassan Abdullah Address on speaker slip was: 1129 North F Street SFR; Homeowner Exemption; APN: 0140-041-40; Uptown "A" Ghassan Norman Abdullah sent written objection. At Public Hearing he identified himself as Ghassan Norman Abdullah In July 20th Sun newspaper article he was identified as Abdullah Ghassan Owner notice sent to Norman S Abdullah at 1129 North F Street. NOTICE NOT RETURNED TO EDA Occupant notice sent to 1129 North F Street. NOTICE NOT RETURNED TO EDA FATCO Fastweb property info shows Norman S Abdullah as owner SB County Assessor web site shows Norman S Abdullah as owner since Jan 1996 Rev. Paul Adams Address on speaker slip was: 1156 North F Street Victory Chapel; APN: 0140-031-45; Uptown "A" Paul Adams sent written objections Owner notice sent to Helen Petrovna, 1174 Kotenberg, San Jose CA 91525. NOTICE RETURNED TO EDA Occupant notice sent to 1156 North F Street. NOTICE NOT RETURNED TO EDA FATCO Fastweb property info shows Helena Petrovna as owner SB County Assessor web site shows Helena Petrovna as owner since 1987 SB County Assessor web site shows Victory Chapel having an interest in property since 1988 Abdel R. Esmat Address on speaker slip was: 762 West 7th Street SFR; APN: 0140-263-23; CCN Spoke to Abdel Esmat on June 21st concerning the notice; what was going to take place; eminent domain; stated that he was an owner resident. Owner notice to Saman Behnam, 12862 Eveningside Dr, Santa Ana 92705. NOTICE NOT RETURNED TO EDA Occupant notice sent to 762 W 7th Street. NOTICE NOT RETURNED TO EDA FACTO Fastweb property info shows Abdelrahman Esmat as owner. SB County Assessor web site shows Abdelrahman Esmat as owner since Feb 2004 Speaker Slips EIR/CCNlUptown 7-19-2004, Public Hearing James Oronoz Address on speaker slip was: 1212 West 2nd Street Business at that address is Maria's Fashions; APN; 0138-263-02, Uptown "B" Owner notice sent to Robert L. Kovats, PO Box 1365, Placentia CA 92871. NOTICE NOT RETURNED TO EDA Occupant notice sent to 1212 West 2nd Street. NOTICE NOT RETURNED TO EDA Stated that he owned a business; that he represents the businesses; represents Robert L. Kovats Diem N. Mach Address on speaker slip was: 1224 West 2nd Street Business Owner (Rainbow Sea Food Market); APN; 0138-263-02; Uptown "B" Owner notice sent to Robert L. Kovats, PO Box 1365, Placentia CA 92871. NOTICE NOT RETURNED TO EDA Occupant notice sent to 1224 West 2nd Street. NOTICE NOT RETURNED TO EDA Jason Desjardins Address on speaker slip was: 274 North 1 Street Big Z Auto; APN: 0138-273-08; Uptown "B" Owner notice to Bud M Nickles Trust, 932 W Riviera Dr, Santa Ana 92706. NOTICE NOT RETURNED TO EDA Occupant notice sent to 274 North I Street. NOTICE NOT RETURNED TO EDA FA TCO Fastweb property info shows Bud M NickleslBedia N Nassour as owners SB County Assessor web site shows Bud M Nickles owner and Bedia N Nassour as some type of interest Guillermo Corona Address on speaker slip was: 239 North J Street SFR; Homeowner Exemption; APN: 0138-273-31; Uptown "B" Owner notice send to Fernando Ahumada at 239 North J Street. NOTICE NOT RETURNED TO EDA Occupant notice sent to 239 North J Street. NOTICE NOT RETURNED TO EDA FATCO Fastweb property info shows Fernando Ahumada as owner SB County Assessor web site shows Fernando Ahumada as owner since Nov 1992 Shade Awad Address on speaker slip was: 685 West Baseline, Suite ABC Business (Midway Market); APN 0140-031-33, 34, 35, 48; Uptown "A" Owner notice to Dootson Baseline Property LLC, 11625 Clark Street, Arcadia 91006. NOTICE NOT RETURNED TO EDA Occupant notice was sent to 685 West Baseline Street. NOTICE NOT RETURNED TO EDA FATCO Fastweb property info shows Dootson Baseline Property LLC as owner SB County Assessor web site shows Dootson Baseline Property LLC as owner since 1996 Speaker Slips EIRICCN/Uptown 7-19-2004, Public Hearing Jay Lindberg Address on speaker slip was: 6340 Orange Knoll No notice was mailed to Mr. Lindberg as he does not live within either project area. Hope E. Durbin 213-219 North J Street; 2 Duplex units; APN: 0138-273-29; Uptown "B" Address on speaker slip was: 16007 Merrill #14B, Fontana, CA 92335 On speaker slip she wrote "owner" Owner to Armando Orejel, 15711 Grevillen Street, Fontana 92335. NOTICE NOT RETURNED TO EDA Occupant notices sent to 213 215, 217, 219 North J Street. NOTICE NOT RETURNED TO EDA FATCO Fastweb property info shows Armando Orejel as owner SB County Assessor web site shows Armando Orejel as owner since July 2002 Martha Reyes Address on speaker slip was: 244 North J Street SFR; Homeowner Exemption; APN: 0138-272-13; Uptown "B" Owner notice sent to 244 North J Street. NOTICE NOT RETURNED TO EDA Occupant notice was sent to 244 North J Street. NOTICE NOT RETURNED TO EDA FATCO Fastweb property info shows Martha Reyes as owner SB County Assessor web site shows Martha Reyes as owner since Dec 2001 Keith Rhodes (left and did not speak) Address on speaker slip was: 1030 West 3rd Street Could not find a bldg with 1030 West 3rd Business (Fast Undercar); APN: 0138-272-39,40; Uptown "B" Found bldg with 1037 West 3rd (Fast Undercar) Found bldg with 1047 West 3'd (Warehouse) Owner notice was sent to Keith Rhodes at 1037 West 3rd Street Occupant notice was sent to 1033 West 3rd (0138-272-39) Occupant notice was sent to 1047 West 3rd (0138-272-40) Notice to owner was not returned to EDA Notices to occupant addresses were returned to EDA. FATCO Fastweb shows Keith L Rhodes/Sharon K Rhodes as owners of both APN's SB County Assessor web site show Keith L Rhodes ISharon K Rhodes as owners of both APN's Carol Calvin (left and did not speak) Address on speaker slip was: 1156 North F Street Victory Chapel; APN: 0140-031-45; Uptown "A" Owner notice sent to HelenPetrovna, 1174 Kotenberg, San Jose CA 91525 Occupant notice sent to 1156 North F Street Notice to owner was returned to EDA. Occupant notice was not returned to EDA FATCO Fastweb property info shows Helena Petrovna as owner SB County Assessor web site shows Helena Petrovna as owner since 1987 SB County Assessor web site shows Victory Chapel having an interest in property since 1988 ATIACHMENT "4" REDEVELOPMENT AGENCY PROPERTY ACQUISITION AND RELOCATION POLICIES. GUIDELINES AND RESPONSE TO FREQUENTLY ASKED QUESTIONS REGARDING PROPERTY ACQUISITION AND RELOCATION RECEIVED AT THE: JULY 19,2004 JOINT PUBLIC HEARING FOR THE AMENDED & RESTATED REDEVELOPMENT PLAN FOR THE CENTRAL CITY NORTH PROJECT AREA AND THE AMENDMENT TO THE UPTOWN REDEVELOPMENT PROJECT AREA PLAN AND THE SECTION 33352 BLIGHT REPORTS TO THE MAYOR AND COMMON COUNCIL FOR THE CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA AND THE UPTOWN REDEVELOPMENT PROJECT AREA 4820-4987-5456.1 46 Redevelopment Agency of the CIty of San BernardIno WHEN A PUBLIC AGENCY ACQUIRES YOUR PROPERTY Introduction This document describes important features related to Relocation Assistance and Real Property Acquisition Procedures, which the Redevelopment Agency must follow whenever it acquires property. This document contains a general overview and provides general . information about public acquisition of real property (real estate). Acquisition of real property by a public agency for a project in which redevelopment funds are used is covered by State Law. When a public agency offers to acquire property, it informs the property owner of the reasons for the offer to purchase and the use for which the public ag~ncy seeks to acquire the property. If the public agency is acquiring property for community redevelopment purposes, it will so inform the owner. This document may not answer all of your questions. If you have more questions about how the Redevelopment Agency acquires property, please contact the particular public agency responsible for the public project. (Check the back of this document for the name of the person to contact at the Redevelopment Agency.) Ask your questions before you sell your property. General Questions What Right Does A Public Agency Have To Acquire My Property? Each local government agency has certain powers, which are necessary for their functions. One such local government power is the power to acquire private property for the public purposes served by that particular public agency. In general all public agencies can purchase property. In addition, a large number of public agencies have the power to acquire property by condemnation, if the private property owner is unwilling to sell or if the private property owner sets a sale price for the property which is too high based upon objective market price conditions for comparable property. This is known as the power of eminent domain. The rights of each private property owner are. protected by the Fifth and Fourteenth Amendments of the U.S. Constitution and by State constitutions. The eminent domain laws guarantee that if a public agency takes private property it must pay "just compensation" to the owner. Does the Adoption of a Redevelopment Plan or the Amendment of a Redevelopment Plan Mean That My Property Will Be Condemned? No. The adoption of a redevelopment plan does not mean that the Redevelopment Agency will condemn your property. A redevelopment plan authorizes the Redevelopment Agency to undertake certain redevelopment programs in a specific neighborhood or area for a specific 4845-4915-6352.1 8/5104 12:00 jrnm I period of time. However, the adoption or amendment of a redevelopment plan does not result in the taking or purchase by the Redevelopment Agency of anyone's property. Before the Redevelopment Agency may acquire any specific parcel of property by negotiated purchase or by condemnation, a number of steps must be followed by the Redevelopment Agency. The following paragraphs of this document describe those steps. In general, the Redevelopment Agency will only acquire private property if the Redevelopment . Agency has publicly announced a specific redevelopment project activity or program which requires the purchase of one or more specific properties. For example, the Redevelopment Agency may be requested by a owner of a business in a redevelopment project area to help acquire additional land so that the business can expand. The Redevelopment Agency would consider such a proposal and if it appears feasible and if the proposal helps to eliminate blight in the redevelopment project area, the Redevelopment Agency may enter into a written contract with the business owner in which the Redevelopment Agency agrees to provide specific types of redevelopment assistance, subject to appropriate conditions relating to the business owner's commitment to eliminate blight. Once such an agreement is in place the business owner and the Redevelopment Agency would cooperate in a mutual effort to expand the business and the Redevelopment Agency may assist with the purchase of nearby property required for the business expansion or improvement. In other situations, the Redevelopment Agency may assist third party property owners to acquire land for specific redevelopment purposes. For example, a single family housing developer may propose to acquire a number of vacant lots which are adjacent to a deteriorated apartment building and an old commercial building in the middle of a residential neighborhood. The Redevelopment Agency may be willing to assist such a housing developer to acquire the old commercial building and deteriorated apartment building in order to produce a larger and better suited site for a new single family dwelling in-fill housing development. Provided the housing developer is willing to agree to construct new single family hOUSing dwelling units which comply with current City design and affordability standards, the Redevelopment Agency could enter into an agreement with such a third party housing developer to assist with housing site acquisition, subject to certain conditions. In either the case of commercial or residential land acquisition assistance, the Redevelopment Agency could only enter into such a redevelopment contract with a business or a third party housing developer after a public hearing has first been conducted by the Redevelopment Agency. The community and potentially affected private property owners would receive prior written notice of any such public hearing. . Who Made The Decision To Buy My Property? The decision to acquire a property for a redevelopment project usually involves many persons and many determinations. The final determination to proceed with a redevelopment project is made only after a thorough review which may include public hearings to obtain the views of interested persons. If you have any questions about the redevelopment project or the selection of your property for acquisition, you should ask a representative of the Redevelopment Agency. 4845-4915-6352.1 8/5104 12:00 jlinn 2 -< How Will The Redevelopment Agency Determine How Much To Offer Me For My Property? Before making you an offer, the Redevelopment Agency will obtain at least one appraisal of your property by a competent real property appraiser who is familiar with local property values. The Redevelopment Agency will give you written notice that it intends to obtain an appraisal of your property before it makes an offer to you (unless you have already listed your property for sale with a real estate broker). The appraiser will inspect your property and prepare a report that includes his or her professional opinion of its current fair market value. The Agency must offer you "just compensation" for your property. This amount cannot be less than the fair market value of the property stated in the written appraisal. "Just compensation" for your property does not include the extra payments which the laws requires the Redevelopment Agency to make available for your specific relocation needs. If you are eligible for relocation assistance, the relocation payments would be made in addition to the purchase price for the property. What Is Fair Market Value? Fair market value is defined as that amount of money which would probably be paid for a property in a sale between a willing seller, who does not have to sell, and a willing buyer, who does not have to buy. The fair market value of a property is generally considered to be "just compensation." Fair market value does not take into account intangible elements such as sentimental value, good will, business profits, or any special value that your property may have for you or the special value which your property may have to the buyer. How Does An Appraiser Determine The Fair Market Value Of My Property? Each parcel of real property is different and therefore no single fonnula can be devised to appraise all properties. Among the factors an appraiser typically considers in estimating the value of real property are: · How it compares with similar properties in the area that have been sold recently. · How much rental income it could produce. · How much it would cost to reproduce the buildings and other structures, less any depreciation. Willi Have A Chance To Talk To The Appraiser? Yes. You will be contacted and given the opportunity to accompany the appraiser on his or her inspection of your property before the Redevelopment Agency completes its appraisal. You may then inform the appraiser of any special features which you believe may add to the value of your property. It is in your best interest to provide the appraiser with all the useful infonnation you can in order to ensure that nothing of allowable value will be overlooked. If A8454915-6352.1 81510412:00jmm 3 you are unable to meet with the appraiser, you may wish to have a person who is familiar wHh your property represent you. How Soon Willi Receive A Written Purchase Offer? Generally, this will depend on the amount of work required to appraise your property. In the case of a typical single-family house, it is usually possible for the Redevelopment Agency to make a written purchase offer within 45 to 60 days after the date an appraiser is selected to appraise the property. Promptly after the appraisal has been reviewed (and any necessary corrections obtained), the Redevelopment Agency will approve the written appraisal report as submitted and give you a written purchase offer in the full amounf of the value stated in the written appraisal along with a "summary statement," explaining the basis for the Redevelopment Agency's offer. The summary statement will include the street address, sales price and date of recent property sales which the appraiser has used to base his or her opinion of fair market value for your property. No negotiations will take place before you receive the written purchase offer and summary statement. What Is In The Summary Statement Of The Basis For The Offer Of Just Compensation? The summary statement of the basis for the offer of just compensation will include: · An accurate description of the property and the interest in the property to be acquired. · A statement of the amount offered as just compensation. (If only part of the property is to be acquired, the compensation for the part to be acquired and the compensation for damages, if any, to the remaining part will be separately stated.) . .. A list of the buildings and other improvements covered by the offer. (If there is a separately held interest in the property not owned by you and not covered by the offer (e.g., a tenant- owned improvement), it will be so identified.) . Comparable property sale information. Must I Accept The Agency's Offer? No. You are entitled to present your evidence as to the amount you believe is the fair market value of your property and to make suggestions for changing the terms and conditions of the offer. The Agency will consider your evidence and suggestions. When fully justified by the available evidence of value, the Redevelopment Agency's offer price will be increased. May Someone Represent Me During Negotiations? Yes. If you would like an attomey or anyone elSe to represent you during negotiations with the Redevelopment Agency, please inform the Redevelopment Agency. However, State Law does not require the Redevelopment Agency to reimburse your for the costs of such representation. 4845-4915-6352.1 8/5104 12:00 jnnn 4 If I Reach Agreement With The Redevelopment Agency, How Soon Willi Be Paid? If you reach a satisfactory agreement to sell your property and your ownership (title to the .property) is clear, payment will be made at a mutually acceptable time. Generally, this should be possible within 30 to 60 days after you sign a purchase contract. If the title evidence obtained by the Redevelopment Agency indicates that further action is necessary to show that your ownership is clear, you may be able to hasten the payment by helping the Agency obtain the necessary proof. (Title evidence is basically a legal record of the ownership of the property. It identifies the owners of record and lists the restrictive deed covenants and recorded mortgages, liens, and other instruments affecting your ownership of the property.) What Happens If I Don't Agree To The Agency's Purchase Offer? If you are unable to reach an agreement through negotiations, the Redevelopment Agency may conduct a publiC hearing to determine whether it is necessary and appropriate under the particular circumstances to file a lawsuit in the Superior Court to acquire your property through an eminent domain proceeding. An eminent domain proceeding is often referred to as a condemnation. If your property is to be acquired by condemnation, the Redevelopment Agency will give you notice of a time and date for such a public hearing after negotiations have failed to produce a mutually agreeable sales price for your property and after such a public hearing has been held the Redevelopment Agency would file the condemnation suit without unreasonable delay. What Happens After The Agency Condemns My Property? You will be notified of the action. Condemnation procedures vary, and the Redevelopment . Agency will explain the procedures that apply in your case if you ask. After the public hearing to authorize the filing of a condernnation action, the Redevelopment Agency files a condemnation suit and in most cases the Redevelopment Agency also deposits with the Superior Court an amount not less than its appraisal of the fair market value of the property. . You can withdraw this amount (less any amounts necessary to payoff any mortgage or other liens on the property from the Superior Court before there is a jury trial to prove the final amount of just compensation payable to you. Withdrawal of your share of the money will not affect your right to seek additional compensation for your property. During the condemnation trial you will be provided an opportunity to introduce your evidence as to the value of your property. Of course, the Agency will have the same right. After hearing the evidence of all parties, the court will determine the amount of just compensation. If that amount exceeds the amount deposited by the Agency, you will be paid the difference, plus any interest that may be provided by law. To help you in presenting your case in a condemnation proceeding, you may wish to employ an attomey and an appraiser. What Can I Do If I Am Not Satisfied With The Court's Determination? If you are not satisfied with the trial court judgment setting the final value or just compensation amount for your property, you may file an appeal with the State appellate court. The 484S-491~352.1 5 8/5104 12:00 jrtnn Redevelopment Agency can also file an appeal if it believes the amount of the trial court judgment is too high. Willi Have To Pay Any Closing Costs? You will be responsible for the payment of the balance on any mortgage and other liens on 'your property. Also, if your ownership is not clear, you may have to pay the cost of clearing it. But the Redevelopment Agency is responsible for all reasonable and necessary costs for: · Typical legal and other services required to complete the sale, record documents, revenue stamps, transfer taxes and any similar expenses which are incidental to transferring ownership to the Agency. · Penalty costs and other charges related to prepayment of any recorded mortgage on the property that was entered into in good faith. · Real property taxes covering the period beginning on the date the Redevelopment Agency acquires your property. Whenever possible, the Redevelopment Agency will make arrangements to pay these costs directly. If you must incur any of these expenses yourself, you will be repaid-usually at the time of closing. If you later discover other costs for which you should be repaid, you should request repayment from the Redevelopment Agency immediately. The Redevelopment Agency will assist you in filing a claim. Finally, if you believe that you were not properly repaid, you may appeal the decision to the Agency. May I Keep Any Of The Buildings Or Other Improvements On My Property? Very often, many or all of the improvements on the property are not required by the Redevelopment Agency. This might include such items as a fireplace mantel, your favorite shrubbery, or even an entire house. If you wish to keep any improvements, please let the Redevelopment Agency know as soon as possible. If you do arrange to keep any improvement, the Redevelopment Agency will deduct only its salvage value from the purchase price you would otherwise receive. (The salvage value of an item is its probable selling price if offered for sale on the condition that the buyer will remove it at his or her own expense.) Of course, if you arrange to keep any real property improvement, you will not be eligible to receive a relocation payment for the cost of moving it to a new location. Can The Redevelopment Agency Take Only A Part Of My Property? Yes. But if the purchase of only a part of your property reduces the value of the remaining part(s), you will be paid for' the loss in value to the remaining part which the Redevelopment Agency does not purchase. Also, if any remaining part would have little or no utility or value to you, the Redevelopment Agency will offer to buy that remaining part from you. Occasionally, a redevelopment project will increase the value of the part that is not acquired by the Redevelopment Agency. Under some eminent domain laws, the amount of such increase in . value is deducted from the purchase payment the owner would otherwise receive. 4845-4915-6352.1g8/5104 12:00 jnnn 6 Willi Have To Pay Rent To The Redevelopment Agency After My Property Is Acquired? . If you remain on the property after the acquisition, you may be required to pay a fair market rent to the Redevelopment Agency. Such rent will not exceed that charged for the use of comparable properties in the area. How Soon Must I Move? In the typical case a mutually agreeable date for the move will be worked out. In no case would you have less than 90 days advance written notice to move from your property after the Redevelopment Agency has purchased it. You will not be required to move before you receive. the agreed purchase price. If the property is acquired by condemnation, you cannot be required to move before the estimated' fair market value of the property has first been deposited with the Superior Cou!1 so that you can withdraw your share and you have also been given at least 90 days to move. If you are being displaced from your home or apartment, you will not be required to move before a comparable replacement home is available to you. Willi Receive Relocation Assistance? State Law requires that certain relocation payments and other assistance must be provided to families, individuals, businesses, farms, and nonprofit organizations when they are displaced as a result of an acquisition of property for redevelopment activities. The Redevelopment Agency will furnish you a full explanation of any relocation assistance to which you may be entitled before you are required to move from the property. If you have any questions about such assistance, please Contact the Redevelopment Agency. In order for the Agency to fulfill its relocation obligations to you, you must keep the Redevelopment Agency informed of your plans. My Property Is Worth More Now Than When I Bought It. Must I Pay Capital Gains Tax On The Increase? When the Redevelopment Agency acquires real property for community redevelopment purposes, the property owner usually may postpone the payment of Federal capital gains taxes on any profit from the sale if he or she reinvests the profit in similar property within a three (3) year replacement period. To take advantage of this right, you should file the details in a statement with your Federal income tax return for the tax year in which you realize the gain. Internal Revenue Service (IRS) Publication 544 explains how the Federal income tax would . apply to a gain or loss resulting from the condemnation of real property, or its sale under the threat of condemnation, for public purposes. If you have any questions about the IRS rules, you should discuss your particular circumstances with your personal tax advisor or your local IRS office. 4845-4915~352.1 8/5104 12:00 jnnn 7 I'm A Veteran. How About My VA Loan? After your VA home mortgage loan has been repaid, you will be permitted to obtain another VA loan to purchase another property. Check on such arrangements with your nearest Veterans Administration Office. . Is It Possible To Donate Property? Yes. You may donate your property or sell it to the Redevelopment Agency for less than its fair market value. The Agency must obtain an appraisal of the property and offer just compensation for it, unless you release the Agency from this obligation. Additional Information If ~ou have any questions after reading this document, contact the Redevelopment Agency and discuss your concerns with the Redevelopment Agency representative. Redevelopment Agency City of San Bernardino 201 North "E" Street, Suite 301 San Bernardino, CA 92401.1507 Office Hours: M-Th 7:30 a.m. to 5:30 p.m. Fri 7:30 a.m. to 4:30 p.m. Telephone: (909) 663-1044 Person to Contact: Maggie Pacheco, Deputy Director of the Economic Development Agency 4845-4915~352.1 8/5104 12:00 jmm 8 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO Most Frequently Asked Relocation Questions 1. WHAT STEPS WILL THE REDEVELOPMENT AGENCY TAKE TO ENSURE THAT THE RESIDENTS WHOSE HOMES ARE ACQUIRED AS A RESULT OF REDEVELOPMENT ACTMTIES ARE ABLE TO OBTAIN A COMPARABLE HOME AND AT PRICES THAT THEY CAN AFFORD? The Redevelopment Agency will implement several measures to ensure that any acquisition program will minimize inconvenience to affected residents and that potential hardship to residents will be avoided. First of all, wherever possible, the Redevelopment Agency will acquire property by negotiated purchase. . Only when property acquisition negotiations with a particular owner reach an impasse will the Redevelopment Agency consider using eminent domain to acquire the property of that owner. The law requires the Redevelopment Agency to pay just compensation to an owner of property acquired for a project by. eminent domain. A number of procedural safeguards to protect property owners assure that this fundamental right is respected -- a public agency must pay the full amount of just compensation for property it acquires by eminent domain. In addition, thll Redevelopment Agency is also required to provide relocation assistance and to pay a specific amount of relocation benefits in cash to persons who are displaced by a redevelopment project. Relocation assistance payments are sums which are in addition to payment for the purchase of the property. Before any project land acquisition begins that could displace residents for a particular redevelopment project the Redevelopment Agency will prepare a written project specific housing relocation plan. The Redevelopment Agency will also prepare written real property appraisal reports for each parcel of property to be acquired. These reports must be prepared in accordance with State law and will be prepared by the Redevelopment Agency after written notice has first been given to affected property owners which begins the process of land assembly for a particular redevelopment project. The replacement housing needs of affected residents will be identified, actual relocation cost estimates will be prepared and the existence of an adequate supply of comparable and affordable relocation or replacement dwellings will be determined as part of the Redevelopment Agency's preparation of the required relocation plan. The Redevelopment Agency will give affected residents an opportunity to participate and comment on the preparation of the written relocation plan before the relocation plan is given final consideration and approval by the Redevelopment Agency. The Redevelopment Agency will also ask each affected property owner to meet with the Redevelopment Agency's real property appraiser before the appraisal is completed. Property owners can provide the appraiser with information concerning the value of their property, including the value of special improvements and amenities inside of a home or business, which might not be apparent to an appraiser if the owner does not point them out. 4825-6983-8080.1 8/5104 12:00 jnnn I The preparation of these plans and reports by the Redevelopment Agency before any redevelopment land acquisition program begins will help ensure that all residents whose homes are acquired will be able to obtain comfortable and comparable new homes at a price or rental rate which they can afford. ' No person will be required to move from any home or apartment unit unless within a reasonable period of time prior to displacement a selection of comparable replacement dwellings is available . to such person and the Redevelopment Agency has submitted a written offer to purchase the property to the owner which satisfies the requirements of State law. 2. CAN THE REDEVELOPMENT AGENCY PROVIDE SOME CONCRETE EXAMPLES OF WHAT IS MEANT BY "RELOCATION ASSISTANCE PAYMENTS" FOR RESIDENTS? The amount of relocation assistance payments which the Redevelopment Agency must pay to a diSP.laced person will depend upon a number of factors. In general, the most important factors in . . determining the amount of a relocation payment for a particular household include the number of persons in the family, the family's income and whether the family owns a home or whether the family rents a home or apartment. For example: A. Renter Households Relocation Pavments For a family who rents a home or apartment, a replacement dwelling is. deemed to be within their financial means if the total monthly rent (including utilities and other reasonably recurring housing expenses) minus any replacement housing payment available to such family does not exceed thirty percent (30%) of the family's monthly income. Ina concrete example before any displacement occurs, assume that a family of two (2) adults and three (3) children rents a one (1) bedroom apartment for $685 per month. The gross monthly income for the family is $1,950 per month. It should be noted in this example that this family already pays more than 30% of its monthly income in rent. Its affordable rental payment before displacement should be only $585 per month and not the higher amount of $685 per month which it pays to the landlord. A second point which should be noted is that under applicable relocation guidelines defining "comparable safe and sanitary replacement housing", this family is living in too small an apartment. Thus the replacement dwelling which the Redevelopment Agency will need to make available to this family must be larger - at least two (2) bedrooms. This also means that the replacement dwelling could have a higher rent than the apartment where the family currently resides. In this concrete example, the Redevelopment Agency's relocation consultant would give the family the addresses and telephone numbers of the landlords for three (3) different two bedroom apartments and 1 rental house which are in fact available to them. The rents for the apartments range from $850 to $930 per month and the house rents for $910 per month. All four (4) of these dwellings have been inspected by the relocation consultant and are in compliance with all building and safety codes and are in comparable or superior neighborhoods to the dwelling being acquired by the Redevelopment Agency. 4825-6983-3080.\ 8/5104 12:00 jrnm 2 The family selects the $925 per month two bedroom apartment because it is located on a bus route and the apartment management company has an after school study program for the children of residents. Under these facts this family will receive relocation payments as follows: Monthly rental payment at replacement dwelling $925 Family's maximum rent based upon current income (Note: this figure is less than their current rent of $685 per month) Redevelopment Agency's monthly rental assistance/relocation payment ($585) $340 The Redevelopment Agency will make this relocation aSsistance payment of $340 per month available to this family each month for the next 3 Yo years after the date of its relocation for a total relocation payment of $14,280. The Redevelopment Agency is also responsible for paying for the cost to move the furniture and possessions of the family to the new dwelling. This payment will vary depending upon household size, but the cost will be based upon the moving costs charged by a professional moving company - and such moving costs could easily exceed $500. B. Home Owner Relocation Pavments The calculation of the precise amount of a relocation payment for a homeowner involves the consideration of a larger number of factors than in the case of a renter household. But in general, for homeoWners, a replacement dwellmg is deemed within their financial means if the purchase price of the replacement dwelling, including related increased interest costs and other reasonable expenses, including new house escrow closing costs, does not exceed the total of the amount of just compensation provided for the dwelling acquired and the replacement housing payment available to the displaced homeowner. In an example, assume the homeowner household has two(2) adults and three (3) children and that they live in a three (3) bedroom home of approximately 1,450 square feet in size which they purchased six (6) years ago for $105,000. The family has a mortgage for $85,000 on the home. Their monthly mortgage payment is $625 per month. The Redevelopment Agency has submitted a written appraisal of just compensation 0($193,000 which the homeowner has accepted. In this case the family has found that replacement dwellings of the same size in comparable neighborhoods as their home range in cost of between $180,000 and $200,000. But the family now wants a four (4) bedroom home, and typically four (4) bedroom homes in the community cost approximately $10,000 to $14,000 more than a three (3) bedroom home. A 1,875 square foot four (4) bedroom home is available, but its sales price is $204,000 or $11,000 more than the amount of just compensation paid by the Redevelopment Agency for their smaller three (3) bedroom home. 4825-0983-8080.1 8/5104 12:00 jmm 3 In this particular example the Redevelopment Agency's relocation housing payment would consist of the following elements: Real estate broker commission amount payable by displaced family for its new home $6,300 New mortgage loan fees appraisal, costs and expenses for purchase of new home (assume family takes new $85,000 mortgage and has only an average credit rating) $3,720 Buyer Escrow costs on new home, including inspection fees and new title insurance $1,400 New home purchase differential for 4 bedrooms required by homeowner $11,000 $22,420 Total relocation payment by Redevelopment Agency The Redevelopment Agency will also be responsible for the payment of moving costs which in the case of a homeowner could cost anywhere between $900 to more than $1,500 depending on the amount of furniture and other possessious to be moved. In addition, if the household has other special needs, such as particular improvements required for a disabled member of the household, then the Redevelopment Agency would also be responsible for these extra costs, in addition to the relocation payment of$22,420 described in this example. C. Homeowner ProDertv Tax Benefit Under relocation assistance guidelines for homeowners, any homeowner who is displaced by a project acquisition of the Redevelopment Agency will also qualify for a special property tax benefit. In the example of the homeowner who purchased their home six (6) years ago for $105,000, they would ordinarily pay more property taxes when they sell their home and purchased a new and larger home for $204,000. Their annual property tax bill would increase by about $980 per year. However, under the provisions of California law, if a homeowner has their home purchased by a public agency, then the homeowner is entitled to transfer 120% of the amount of just compensation paid by the public agency for the old home as the property tax basis for the new home which replaces it. In the example of the homeowner relocation above, the homeowner will be able to transfer its $105,000 property tax valuation on 120% of the just compensation amount of $193,000 paid to them for their old home, to any new home they purchase in California. In the example above, the homeowner purchased a new and larger home in San Bernardino for $204,000. Their new property tax bill at the new home will be the same as it was at their old home. In other words, the tax assessor will value the new $204,000 home as if its value was only $105,000. In fact, the homeowner could purchase a new home for up to $231,600 (which is 120% of the $193,000 just compensation figure paid by the public agency) and still pay the same property tax amount as assessed to the old home. 4825.{i983.8080.1 8/5/04 11:00 jmm 4 The longer a homeowner has lived in the home which the public agency is acquiring, the more valuable this property tax benefit is to the homeowner. D. Last Resort Housinl! Relocation Assistance Pavments In addition the types of relocation assistance payments available to renters and homeowners as outlined in the above examples, it is possible that in some unusual circumstances a comparable replacement dwelling may not be available, or may not be available within the monetary limits payable by a renter or a homeowner. As a general rule, if no such comparable replacement dwelling is available, such a fact would be identified as part of the preparation of the relocation plan at an early point in the Redevelopment Agency's land acquisition planning process for a particular redevelopment project. If there is evidence that no comparable replacement dwellings are available, then the relocation regulations mandate the Redevelopment Agency to implement a "Last Resort Housing Plan" to provide additional levels of relocation assistance payments for persons who would experience a financial hardship in the absence of such additional assistance payments. Under ordinary circumstances very low-income households may qualify for Last Resort Housing Assistance, but it is possible for some low-income or even moderate-income households to have special housing needs associated with a very sick or disabled member of the household. These households could also qualify for Last Resort Housing Assistance. A ''very low income household" refers to a person or family with annual income of 50% or less of County median household income; "low income household" refers to a household with 80% or less of County annual median household income; and "moderate income household" refers to a household with annual income of 120% above the County IIledian household income level. 3. HOW WILL THE REDEVELOPMENT AGENCY ASSURE RESIDENTS THAT THE RELOCATION PROCESS WILL TREAT RESIDENTS WITH DIGNITY AND COMPASSION? The preparation of a written housing replacement plan before any property is acquired for a particular redevelopment project is probably the best means to ensure that the relocation process will function smoothly and minimi7'e inconvenience. Respect for the dignity and needs of affected residents is the centerpoint of the relocation program. Clear lines of communication and responsibility will be established under the relocation plan. Affected residents will be personally contacted. and interviewed by trained professionals long before any person is requested to actually move from their home. The professionals that work in the field of public relocation are very sensitive to the situations in which displaced persons find themselves, and special consideration is given to the needs of the elderly. The intent is to make the transition of each displaced person or household to replacement housing as smooth a process as possible. Many times displaced persons move to new homes which are much nicer than the ones they leave behind. 4825-6983-8080.1 8/5104 12:00 jrnm 5 4. WHAT WILL THE REDEVELOPMENT AGENCY DO TO ENSURE THAT RESIDENTS DISPLACED BY REDEVELOPMENT AGENCY ACTIVITIES ARE NOT FORCED TO MOVE FROM THE CITY OF SAN BERNARDINO OR TO RELOCATE INTO SUBSTANDARD HOUSING ELSEWHERE "'HIDN'. THE CITY? It is a requirement of law that all persons displaced from residential properties be rehoused into comparable decent, safe and sanitary dwelling units. No person who is displaced by a Redevelopment Agency project will be allowed to move into a substandard dwelling either in the City or elsewhere. Relocation personnel will counsel and assist displaced persons in finding and securing safe, sanitary aild decent housing. The decision to move to a certain dwelling is at the sole discretion of the person who is displaced by the project provided the new dwelling into which the displaced person relocates must in fact be decent, safe, and sanitary. Below are definitions for "Comparable Replacement Home" and "Decent, Safe, and Sanitary Housing". s. WHAT IS A COMPARABLE REPLACEMENT HOME? A comparable replacement home shall be: . Decent, safe and sanitary. · Functionally equivalent to (and equal. or better than) your present home. · Actually available for you to buy. · Affordable. (Ordinarily, there is no increase in monthly mortgage payments for principal and interest.) · Reasonable accessible to your place of employment. · Generally as well located with respect to public and commercial facilities, such as schools and shopping, as you present home. . · Not subject to unreasonable adverse environmental conditions. · Available to all persons regardless of race, color, religion, sex, or national origin. 6. WHAT IS DECENT, SAFE AND SANITARY HOUSING? Decent, safe and sanitary housing is housing that: · Meets applicable housing and occupancy requirements. · Is structurally sound, weathertight, and in good repair. · Contains a safe, adequate electrical wiring system · Has adequate living space for the occupants. · Has a kitchen with a sink, hot and cold running water, and connections for a stove and refrigerator. · Has a separate, complete bathroom with hot and cold running water. . Has heating as required by climatic conditions. · Has an unobstructed exit to safe, open space ground level. · Meets standards protecting occupants from lead-based paint hazards. · If you are physically handicapped, is free of any barriers which would preclude your reasonable use of unit. 4825-6983-8080.1 815/0412:00jrnm 6 7. MANY OF THE RESIDENTS IN A REDEVELOPMENT PROJECT AREA WHO COULD BE AFFECTED BY REDEVELOPMENT AGENCY PROJECTS SPEAK ENGLISH AS A SECOND LANGUAGE. HOW WILL THE REDEVELOPMENT AGENCY ASSURE RESIDENTS, INCLUDING RESIDENTS WHO ONLY HAVE LIMITED UNDERSTANDING OF ENGLISH, THAT THEIR. RIGHTS TO RELOCATION ASSISTANCE WILL BE PROTECTED? Relocation regulations and administrative guidelines are in place on both the federal and state level and these provide protection to all displaced persons. These regulations mandate equal treatment under the law regardless of what language may be spoken in any affected household. They are designed to carry out the policies of the relocation laws. These laws provide for the following: (1) To ensure that uniform, fair and equitable treatment is afforded persons displaced from their homes, businesses or farms as a result of the actions of a public entity in order that such persons shall not suffer disproportionate injury as a result of action taken for the benefit of the public as a whole; and (2) To ensure consistent and fair treatment for owners of real property to be acquired by a pJlblic entity, to encourage and expedite acquisition by agreement with owners of such property in order. to avoid litigation and relieve congestion in courts, and to promote confidence in the public land acquisition process. (3) A public entity shall not participate in or undertake a project that will displace individuals from their home unless comparable replacement dwellings will be available within a reasonable period of time prior to displacement. (4) The relocation guidelines are intended to establish only minimum requirements for relocation assistance and payments. They sha1l not be construed to limit any other authority or obligation which a public entity may have to provide additional assistance and payments. (5) The relocation guidelines and laws are intended for the benefit of displaced persons, to ensure that such persons receive fair and equitable treatment and do not suffer disproportionate injuries as a result of programs designed for the benefit of the public as a whole. The relocation guidelines and all applicable laws on which determinations are based shall be construed to affect this intent. As the Redevelopment Agency begins the planning and preparation for acquiring specific properties for projects, the Redevelopment Agency will also prepare the appropriate relocation plan for each such project. Residents who are affected by such a project will be involved in the preparation and review of such relocation plans. Notices will be given to interested persons in English and Spanish languages that a relocation plan is being prepared and that relocation assistance benefits will be payable. Consultations and interviews by Redevelopment Agency persounel and relocation consultants will be conducted in a language other than English if the affected resident so requests. All persons who are eligible for the payment of relocation benefits can have any dispute regarding the amount of a payment submitted to the governing board of the Redevelopment Agency for prompt consideration and action in accordance with all applicable law. 4825-6983-8080.1 7 8/5/04 12:00 jnun AMENDED AND RESTATED REDEVELOPMENT PLAN FOR THE CENTRAL CITY NORTH REDEVELOPMENT PROJECT SECTION A. (1) This is the Amended and Restated Redevelopment Plan for the Central City North Redevelopment Project (the "Plan"). The redevelopment project area for the Central City Redevelopment Project (the "Project Area") is located in the City of San Bernardino, County of San Bernardino, State of California. The Plan consists of the text of Section A through Section J and the following exhibits: Exhibit "A" Map of Project Area; Exhibit "B" Legal Description of Project Area; Exhibit "c" Statement of existing projects, programs and activities and existing obligations pursuant to Health and Safety Code Section 33334.6, including a copy of Commission Resolution No. 4830, dated December 23, 1985. A prior version of the Plan was originally adopted by Common Council Ordinance No. 3366, dated August 6, 1973. The Plan has been amended by the following ordinances of the Common Council: (i) Ordinance No. MC-561, dated December 8, 1986; (ii) Ordinance No. MC-719, dated April 2, 1990; (iii) Ordinance No. MC-920, dated December 19, 1994; (iv) Ordinance No. MC-1154, dated December 1, 2003; and (v) Ordinance No. MC-_, dated ,2004; ,.. No amendment to the Plan has added lands to the Project Area originally established under Common Council Ordinance No. 3366. The amendments to the Plan referenced under (i) and (ii) in the preceding paragraph were technical amendments mandated by State Law to add certain provisions or limitations of Agency powers under the Plan. The amendment to the Plan referenced under (iii) in the preceding paragraph adjusted the limit to the total amount of tax increment revenues to be allocated to the Agency under the Plan. The amendment to the Plan referenced under (iv) in the preceding paragraph authorize the Agency to incur indebtedness through the termination date of the Plan (e.g., August 6, 2013). The amendment to the Plan referenced under (v) in the preceding paragraph: (A) reinstated the eminent domain power of the Agency in the Project Area 4822-7013-6576.1 1 through the termination date of the Plan (e.g., August 6, 2013); (B) deleted certain provisions of the Plan as originally adopted by Common Council Ordinance No. 3366 dealing with special development project design standards applicable solely within the Project Area, so that the land use, land development and building reuse and rehabilitation standards and regulations of the City shall be applicable to the Project Area without regard to the special development project design standards set forth in the Plan as originally adopted by Common Council Ordinance No. 3366; and (C) conformed the provisions of the Plan as originally adopted by Common Council Ordinance No. 3366 relating to replacement housing and housing opportunities for persons and households of low-and moderate-income, to the California Community Redevelopment Law in effect at the time of such amendment. This Plan has been prepared by the Community Development Commission of the City of San Bernardino ("Commission") pursuant to Health and Safety Code Section 33000, et seq. (the "Redevelopment Law") and all applicable laws and ordinances. It does not present a specific plan for the redevelopment, rehabilitation and revitalization of any area within the Project Area. Instead the Plan establishes a process and framework within which specific redevelopment improvement activities will be presented, priorities for specific activities will be established, and specific solutions will be proposed and by which tools are provided to the Commission to fashion, develop and proceed with such specific activities, projects and solutions. (2) The following definitions will be used generally in the context of this Plan unless otherwise specified herein: . "Agency" means and refers to the Redevelopment Agency of the City of San Bernardino. . "Commission" means the Community Development Commission of the City of San Bernardino. The Commission is the governing board of the Agency. . "City" means the City of San Bernardino, California. . "Common Council" means the Common Council of the City, the legislative body of the Agency. . "Disposition and Development Agreement" means an agreement between a developer and the Agency that sets forth terms and conditions for improvement and redevelopment. . "General Plan" means the General Plan of the City as provided for in Section 65300 ofthe California Govemment Code. . "Map" means the Map of the Project Area attached hereto as Exhibit "A". 4822-7013-6576.1 2 . "Method of Relocation" means the methods or plans adopted by the Commission pursuant to Section 33411 of the Redevelopment Law for the relocation of families, persons, businesses, and nonprofit local community institutions to be temporarily or permanently displaced by actions of the Commission. . "Owner Participation Agreement" means an agreement between the Agency and a property owner or tenant that sets forth terms and conditions for improvement and redevelopment. . "Owner Participation Rules" means the Rules Governing Participation and Reentry Preferences by Property Owners, Operators of Businesses, and Business Tenants for the Project Area. . "Person" means an individual(s), or any public or private entities. . "Plan" means the amended Redevelopment Plan for the Central City North Redevelopment Project. The list of amendments to the Plan is set forth in the first paragraph of Section A(l) ofthe Plan. . "Project Area" means the redevelopment project area as more particularly described in City Council Ordinance No. 3366 which originally established the territorial boundaries of the Project Area. The provisions of the Plan are applicable to the Project Area. . "Redevelopment Law" means the California Community Redevelopment Law (Health and Safety Code, Sections 33000, et sea.). . "State" means the State of California. SECTION B. PROJECT AREA BOUNDARIES The boundaries of the Project Area are illustrated on the Map attached hereto and incorporated herein as Exhibit "A". The legal description of the boundaries of the Project Area is as described in Exhibit "8" attached hereto and incorporated herein. SECTION C. REDEVELOPMENT PLAN GOALS (1) hnplementation of this Plan is intended to achieve the following goals: (i) hnplement the policies, goals, objectives and strategies as presented in the General Plan for the City. (ii) Eliminate and prevent the spread of conditions of blight, including but not limited to: underutilized properties and deteriorating buildings, incompatible and uneconomic land uses, deficient infrastructure and facilities, obsolete structures, 4822-7013-!i576.1 3 parking deficiencies and other economic deficiencies, in order to create a more favorable environmental for commercial, office, and residential development. (iii) Provide opportunities for retail and other non-residential commercial and office uses. (iv) Promote the economic development of the Project Area by providing an attractive, well-serviced, well-protected environment for residents and visitors. (v) hnprove public facilities and public infrastructure to provide adequate infrastructure facilities and public services. (vi) Promote local job opportunities in the community. (vii) Encourage the cooperation and participation of residents, businesses, business persons, public agencies, and community organizations in the economic revitalization of the Project Area. (viii) hnplement design and use standards to assure high aesthetic and environmental quality, and provide unity and integrity to developments within the Project Area. (ix) Provide and regulate the provision of the supply of off-street motor vehicle parking to meeting the needs of both residents and commercial businesses. (x) Remove impediments to land disposition and development through the assembly of property into reasonably sized and shaped parcels served by improved infrastructure and public facilities. (xi) Recycle and/or develop undemtilized parcels to eliminate blight and accommodate higher and better economic uses while enhancing the City's financial resources. (xii) Increase home. ownership in the residential portion of the Project Area. (xiii) Increase, improve, and preserve the supply of housing. SECTION D. REDEVELOPMENT ACTIONS (1) The Agency proposes to eliminate and prevent the recurrence of blight and improve the economic base of the Project Area by: (i) Acquiring, installing, developing, constructing, reconstructing, redesigning, planning, replanning, or reusing streets, curbs, gutters, sidewalks, traffic control devices, utilities, flood control facilities and other public improvements and public facilities; 4822-7013-6576.1 4 (ii) Rehabilitating, altering, remodeling, improving, modernizing, clearing, or reconstructing buildings, structures and improvements; (iii) Rehabilitating, preserving, developing or constructing affordable housing m compliance with State law; (iv) Providing the opportunity for business owners and business tenants presently located in the Project Area to participate in redevelopment projects affecting commercial use properties and programs, and extending preferences to business occupants to remain or relocate within the redeveloped Project Area; (v) Providing relocation assistance to displaced residential and nonresidential occupants, if necessary; (vi) Facilitating the development or redevelopment of land for purposes and uses consistent with this Plan; (vii) Acquiring real property by purchase, lease, gift, grant, request, devise or any other lawful means (including eminent domain), after the conduct of appropriate hearings; (viii) Combining parcels and properties where and when necessary; (ix) Preparing building sites and constructing necessary off-site improvements; (x) Providing assistance for first-time homebuyers, housing rehabilitation, and multiple-family rental property rehabilitation programs; (xi) Managing property owned or acquired by the Agency; (xii) Assisting in procuring financing for the construction of residential, commercial, and office buildings to increase the residential and commercial base of the Project Area, and the number of temporary and permanent jobs in the City; (xiii) Disposing of property including, without limitation, the lease or sale of land at a value determined by the Agency for reuse in accordance with this Plan; (xiv) Establishing controls, restrictions or covenants running with the land, so that property will continue to be used in accordance with this Plan; (xv) Vacating or abandoning streets, alleys, and other thoroughfares, as necessary, and dedicating other areas for public purposes consistent with the objectives of this Plan; (xvi) Providing replacement housing, if any is required; 4822-7013-6576.1 5 (xvii) Applying for and utilizing grants, loans and any other assistance from federal or State governments, or other Sources; (xviii) Taking actions the Agency determines are necessary and consistent with State, federal and local laws to make structural repairs to buildings or structures, including historical buildings, to meeting building code standards related to seismic safety. (ixx) Taking actions the Agency determines are necessary and consistent with State, federal and local laws to remedy or remove a release of hazardous substances on, under or from property within the Project Area or to remove hazardous waste from property. (xx) From time to time preparing and carrying out plans for the improvement, rehabilitation, and redevelopment of blighted areas, disseminating redevelopment information and creating a variety of econornic development programs which will help build a stronger economic base within the Project Area. An Agency program may consist of assisting businesses with the following: advertising in brochures, promoting trade fairs, creating displays, developing videos, and any other appropriate media which will attract other businesses and consumers to the area. The Agency may also assist with job training programs, moving expenses, and providing other incentives to attract industrial type businesses to the area such as tax credits; (xxi) Assisting businesses in the Project Area with fa~ade improvements and general rehabilitation by providing loans and grants; (xxii) Cooperating with the City to accomplish any ofthe foregoing goals. To accomplish these actions and to implement this Plan, the Agency is authorized to use the powers provided in this Plan, and the powers now or hereafter permitted by the Redevelopment Law and any other State law. (2) The Agency may acquire real property, any interest in property, and any improvements on it by any means authorized by law including, without limitation, by gift, grant, exchange, purchase, cooperative negotiations, lease, option, bequest, devise or eminent domain. To the extent required by law, the Agency shall not acquire real property on which an existing building is to be continued on its present site and in its present form and use without the consent of the owner, unless: (1) such building requires structural alteration, improvement, modernization or rehabilitation; or (2) the site or lot on which the building is situated requires modification in size, shape or use; or (3) it is necessary to impose upon such property any of the standards, restrictions and controls of this Plan and the owner fails or refuses to participate in the Plan by executing an Owner Participation Agreement. 4822.70\3-{)576.1 6 Except as otherwise provided herein, or otherwise provided by law, no eminent domain proceeding to acquire property within the Project Area shall be commenced after the termination date of this Plan. (3) Acauisition of Personal Property Where necessary in the implementation of this Plan, the Agency is authorized to acquire personal property in the Project Area by any lawful means. (4) Owner Participation This Plan provides for participation in the redevelopment of property in the Project Area by the owners of all or part of such property if the owners agree to participate in the redevelopment in conformity with this Plan. Opportunities to participate in the redevelopment of property in the Project Area may include without limitation the rehabilitation of property or structures; the retention of improvements; the development of all or a portion of the participant's property; the acquisition of adjacent or other properties from the Agency; purchasing or leasing properties in the Project Area; participating with developers in the improvement of all or a portion of a participant's properties; or other suitable means consistent with objectives and proposals of this Plan and with the Agency's rules governing owner participation and re-entry. In addition to opportunItIes for partIcipation by individual persons and firms, participation, to the extent it is feasible, shall be available for two or more persons, firms or institutions, to join together in partnerships, corporations, or other joint entities. The Agency desires participation in redevelopment activities by as many owners and business tenants as possible. However, participation opportunities shall necessarily be subject to a number of factors, including but not limited to the expansion of public utilities or facilities; elimination and changing of land uses; realigmnent of streets; the ability of the Agency and/or owners and business tenants to finance acquisition and development activities in accordance with this Plan; and whether the proposed activities conform to and further the goals and objectives ofthis Plan. (5) Reentry Preferences for Persons Engaged in Business in the Proiect Area The Agency shall extend reasonable preferences to persons who are engaged in business in the Project Area to relocate and reenter in business in the redeveloped area, if they otherwise meet the requirements prescribed by this Plan and the Agency's Owner Participation Rules. 4822-7013-6576.1 7 (6) Owner Participation Agreements Under an Owner Participation Agreement, the participant shall agree to rehabilitate, develop, or use the property in conformance with this Plan and be subject to the provisions hereof. Pursuant to the Owner Participation Agreement, participants who retain real property shall be required to join in the recordation of such documents as are necessary to make the provisions of this Plan applicable to their properties. In the event a participant breaches the terms of an Owner Participation Agreement, the Agency may declare the Agreement terminated and may acquire the real property or any interest therein, and may sell or lease such real property or interest therein for rehabilitation or development in accordance with this Plan. If conflicts develop between the desires of participants for particular sites or land uses, the Agency is authorized to establish reasonable priorities and preferences among the owners and tenants. Where the Agency determines that a proposal for participation is not feasible, is not in the best interests of the Agency or City, or that redevelopment can best be accomplished without affording a participant an opportunity to execute an Owner Participation Agreement, the Agency shall not be required to execute such an agreement. (7) Implementing Rules The provisions of Section D(4) - (6) of this Plan shall be implemented according to the Owner Participation Rules adopted by the Agency. The Owner Participation Rules allow for Owner Participation Agreements with the Agency. The Owner Participation Rules may be amended from time to time as set forth therein by the Commission. (8) Cooperation with Public Bodies Certain public bodies are authorized by State law to aid and cooperate, with or without consideration, in the planning and implementation of activities authorized by this Plan. The Agency shall seek the aid and cooperation of such public bodies and shall attempt to coordinate the implementation of this Plan with the activities of such public bodies in order to accomplish the purposes of redevelopment and to achieve the highest public good. The Agency is authorized to acquire real property devoted to public use, but property of a public body shall not be acquired without its consent. The Agency shall seek the cooperation of all public bodies, which own or intend to acquire property in the Project Area. All plans for development of property in the Project Area by a public body shall be subject to Agency approval. The Agency is authorized, to the extent permissible by law, to financially (and otherwise) assist public bodies in the cost of public land, buildings, facilities, structures or other improvements (within or outside the Project Area) where such land, buildings, facilities, structures, or other improvements are of benefit to the Project Area. 4822-7013-6576.1 8 (9) Propertv Management During such time as property, if any, in the Project Area is owned by the Agency, such property shall be under the management and control of the Agency. Such properties may be rented or leased by the Agency pending their disposition. (10) Payments to Taxing Agencies The Agency may pay, but is not required to pay, in any year during which it owns property in the Project Area that is tax exempt, directly to any City, County or district, including, but not limited to, a school district, or other public corporation for whose benefit a tax would have been levied upon such property had it not been tax exempt, an amount of money in lieu of taxes that may not exceed the amount of money the public entity would have received if the property had not been tax exempt. (11) Relocation of Persons Displaced bv a Proiect In accordance with the provisions of the California Relocation Assistance Law (Government Code Section 7260, et seQ.), the guidelines adopted and promulgated by the California Department of Housing and Cornmunity Development (the "Relocation Guidelines") and the specific method of relocation adopted by the Agency prior to the acquisition of any land for a project which displaces a significant number of persons, the Agency shall provide relocation benefits and assistance to all persons (including families, business concerns and others) displaced by Agency acquisition of property in the Project Area or as otherwise required by law. In order to carry out a redevelopment project with a minimum of hardship, the Agency will assist displaced households in finding decent, safe and sanitary housing within their financial means and otherwise suitable to their needs. The Agency shall make a reasonable effort to relocate displaced individuals, families, and commercial and professional establishments within the Project Area. The Agency is also authorized to provide relocation for displaced persons outside the Project Area. (12) Demolition and Clearance The Agency is authorized, for property acquired by the Agency or pursuant to an agreement with the owner of property, to demolish, clear or move buildings, structures, or other improvements from any real property as necessary to carry out the purposes of this Plan. (13) Public hnprovements To the extent permitted by law, the Agency is authorized to install and construct or to cause to be installed and constructed the public improvements and public utilities (within or outside the Project Area) necessary to carry out the purposes of this Plan. Such public 4822-7013-6576.1 9 improvements include, but are not limited to: over and underpasses; bridges; streets; curbs; gutters; sidewalks; street lights; sewers; storm drains; traffic signals; electrical distribution systems; natural gas distribution systems; cable TV systems; water distribution systems; parks; plazas; playgrounds; motor vehicle parking facilities; pedestrian improvements, or other improvements allowed by Redevelopment Law. All utility improvements will be completed pursuant to Chapters 12.40 and 12.44 of the San Bernardino Municipal Code. The Agency, as it deems necessary to carry out the Plan and subject to the consent of the Common Council, may pay all or part of the value of the land for and the cost of the installation and construction of any building allowed by Redevelopment Law, facility structure or other improvement which is publicly owned either within or outside the Project Area, upon both the Agency and the Common Council making the applicable determinations required pursuant to the Redevelopment Law. When the value of such land or the cost of the installation and construction of such building, facility, structure or other improvement, or both, has been, or will be, paid or provided for initially by the City or other public corporation, the Agency may enter into a contract with the City or other public corporation under which it agrees to reimburse the City or other public corporation for all or part of the value of such land or all or part of the cost of such building, facility, structure or other improvements, or both, by periodic payments over a period of years. Any obligation of the Agency under such contract shall constitute an indebtedness of the Agency for the purposes of carrying out this Plan. (14) Preparation of Building Site The Agency may develop as a building site any real property owned or acquired by it. In connection with such development it may cause, provide, or undertake or make provisions with other agencies for the installation, or construction of streets, utilities, parks, playgrounds and other public improvements necessary for carrying out this Plan in the Proj ect Area. (15) Removal of Hazardous Substances To the extent authorized under the Redevelopment Law, the Agency may take any actions that the Agency determines are necessary and which are consistent with other State and federal laws, to remedy or remove a release of hazardous substances on, under, or from property within the Project Area. For the purposes of this Section D(15) the words "hazardous substance" means and refers to any material or substance defined as a "hazardous substance" under Section 33459(c) of the Redevelopment Law. (16) Rehabilitation and Conservation The Agency is authorized to rehabilitate and conserve, or to cause to be rehabilitated and conserved, any property, building or structure in the Project Area owned by the Agency. The Agency is also authorized to advise, encourage, and assist (through a loan program 4822.7013-6576.1 10 or otherwise) in the rehabilitation and conservation of property, buildings or structures in the Project Area not owned by the Agency to the extent permitted by the Redevelopment Law. The Agency is authorized to acquire, restore, rehabilitate, move and conserve buildings of historic or architectural significance. It is the purpose of this Plan to allow for the retention of as many existing businesses as practicable and to enhance the economic life of these businesses by a program of voluntary participation in their conservation and rehabilitation. The Agency is authorized to conduct a program of assistance and enforcement to encourage property owners within the Project Area to upgrade and maintain their property consistent with this Plan and such standards as may be developed for the Project Area. The extent of rehabilitation in the Project Area shall be subject to the discretion of the Agency based upon such objective factors as: a. Compatibility of rehabilitation with land uses as provided for in this Plan. b. Economic feasibility of proposed rehabilitation and conservation activity. c. Structural feasibility of proposed rehabilitation and conservation activity. d. The undertaking of rehabilitation and conservation activities in an expeditious manner and in conformance with the requirements of this Plan and such property rehabilitation standards as may be adopted by the Agency. e. The need for expansion of public improvements, facilities and utilities. f. The assembly and development of properties in accordance with this Plan. The Agency may adopt property rehabilitation standards for the rehabilitation of properties in the Project Area. (17) Moving of Structures As necessary in carrying out this Plan, the Agency is authorized to move, or to cause to be moved, any building, structures or other improvements from any real property acquired which can be relocated to a location within or outside the Project Area, and rehabilitated. (18) Seismic Reoairs For any project undertaken by the Agency within the Project Area for building rehabilitation or alteration in construction, the Agency may, be following all applicable procedures which are consistent with local, State and federal law, take those actions which the Agency determines are necessary to provide for seismic retrofits. 4822-7013-6576.1 11 (19) Real Propertv Disposition and Development For the purposes of this Plan, the Agency is authorized to sell, lease, exchange, subdivide, transfer, assign, pledge, encumber by mortgage or deed of trust, or otherwise dispose of any interest in real property. To the extent permitted by law, the Agency is authorized to dispose of real property by negotiated sale or lease without public bidding. Except as otherwise permitted by law, before any interest in property of the Agency acquired in whole or in part, directly or indirectly, with tax increment moneys is sold or leased for development pursuant to this Plan, such sale or lease shall be first approved by the Common Council after public hearing. Except as otherwise permitted by law, no real property acquired by the Agency, in whole or in part, directly or indirectly, with tax increment, or any interest therein, shall be sold or leased for development pursuant to the Plan for an amount less than its fair market value, or the fair reuse value at the use and with the covenants, conditions and development costs authorized by the sale or lease. Unless otherwise permitted by law, the real property acquired by the Agency in the Project Area shall be leased or sold, except property conveyed by the Agency to the community or any other public body. Any such lease or sale shall be conditioned on the redevelopment and use of the property in conformity with the Plan. Real Property may be conveyed by the Agency to the City, and where beneficial to the Project Area, to any other public body with charge or for an amount less than fair market value. All purchasers or lessees of property from the Agency shall be obligated to use the property for the purposes consistent with this Plan, to begin and complete the improvement of such property within a period of time which the Agency fixes as reasonable, and to comply with other conditions which the Agency deems necessary to carry out the purposes of this Plan. During the period of redevelopment in the Project Area, the Agency shall ensure that all provisions of this Plan, and other documents formulated pursuant to this Plan, are being observed, and that development of the Project Area is proceeding in accordance with applicable development documents and time schedules. All development, whether public or private, must conform to this Plan and all applicable federal, State, and local laws, including without limitation the City's planning and zoning ordinances, building, enviromnental and other land use development standards. Such development must receive the approval of all appropriate public agencies. (20) Purchase and Development Documents To provide adequate safeguards to ensure that the provisions of this Plan will be carried out and to prevent the recurrence of blight, all real property sold, leased, or conveyed by 4822-7013-6576.1 12 the Agency, as well as all property subject to Owner Participation Agreements, shall be made subject to the provisions of this Plan by leases, deeds, contracts, agreements, declarations ofrestrictions, provisions of the planning and zoning ordinances of the City, conditional use permits, or other means. Where appropriate, as determined by the Agency, such documents or portions thereof shall be recorded in the office of the Recorder of the County. Leases, deeds, contracts, agreements, and declarations of restrictions of the Agency may contain restrictions, covenants, and covenants running with the land, rights of reversion by the owner, or any other provisions necessary to carry out this Plan. The Agency shall reserve such powers and controls in Disposition and Development Agreements or similar agreements as may be necessary to prevent transfer, retention, or use of property for speculative purposes and to ensure that redevelopment is carried out pursuant to this Plan. The Agency shall obligate purchasers and lessees of real property acquired in redevelopment projects and owners of property improved as part of a redevelopment project to refrain from discrimination or segregation based upon race, color, creed, religion, national origin, ancestry, sex, or marital status in the sale, lease, sublease, transfer, use occupancy, tenure or enjoyment of property in the Project Area. All property sold, leased, conveyed, or subject to Disposition and Development Agreements shall be expressly subject by appropriate documents to the restriction that all deeds, leases, or contracts for the sale, lease, sublease or other transfer of land in the Project Area shall contain such nondiscrimination and non-segregation clauses as are required by law. (21) Personal Propertv Disposition For the purposes of this Plan, the Agency is authorized to sell, lease, exchange, subdivide, transfer, assign, pledge, encumber, or otherwise dispose of personal property. (22) Provision for Low and Moderate Income Housing Unless otherwise permitted or required by law, the terms "affordable housing cost", "replacement dwelling unit", "persons and families of low or moderate income", "substantially rehabilitated dwelling units" and "very low income households" as used herein shall have the meanings as now defined by the Redevelopment Law, or may hereafter be amended, and other State and local laws and regulations pertaining thereto. The Agency may, inside or outside the Project Area: acquire real property, buildings sites, buildings or structures, donate real property, improve real property or building sites, construct or rehabilitate buildings or structures, and take any other such actions as may be permitted by the Redevelopment Law, in order to provide housing for persons and families of low or moderate income. 4822.7013-6576.1 13 (23) Replacement Housing Except as otherwise permitted by law, whenever dwelling units housing persons and families of low or moderate income are destroyed or removed from the low and moderate income housing market as part of a redevelopment activity in the Project Area, the Agency shall, within four years of such destruction or removal, rehabilitate, develop or construct, or cause to be rehabilitated, developed or constructed, for rental or sale to persons and families of low or moderate income, an equal number of replacement dwelling units which have an equal or greater number of bedrooms as those destroyed or removed units at affordable housing costs within the territorial jurisdiction of the Agency. Except as otherwise permitted by law, seventy-five percent (75%) of the replacement dwelling units shall replace dwelling units available at affordable housing costs in the same income level of very low income households, lower income households, and persons and families of low and moderate income as the persons displaced from those units destroyed. The Agency may replace destroyed or removed dwelling units housing persons and families of low or moderate income with a fewer number of replacement dwelling units if the replacement dwelling units have a greater or equal number of bedrooms and are affordable to the same income level of households as the destroyed or removed units to the extent permissible by law as it now exists or may hereafter be amended. (24) New or Rehabilitated Dwelling Units Developed Within the Proiect Area Unless otherwise permitted by law, at least thirty percent (30%) of all new and substantially rehabilitated dwelling units developed by the Agency shall be available at affordable housing cost to persons and families of low or moderate income, and such dwelling units, not less than fifty percent (50%) of these shall be available to an occupied by very low income households. Unless otherwise permitted by law, at least fifteen percent (15%) of all new and substantially rehabilitated dwelling units developed within the Project Area by public or private entities or persons other than the Agency shall be available at affordable housing cost to persons and families of low or moderate income and of such fifteen percent (15%), not less than forty percent (40%) shall be available at affordable housing cost to very low income households. The percentage requirements set forth in this Section shall apply independently of the requirements of the preceding section of this Plan pertaining to "Replacement Housing", and in the aggregate to the supply of housing to be made available pursuant to this Section and not to each individual case of rehabilitation, development or construction of dwelling units. Pursuant to Section 33413(b)(4) of the Redevelopment Law, the Agency shall prepare and adopt a plan to comply with the requirements set forth above, for the Project Area. The Plan shall be consistent with, and may be included within the Housing Element of the City's General Plan. Unless otherwise permitted by law, the plan shall be reviewed and, if necessary, amended at least every five (5) years in conjunction with the housing element cycle. 4822-7013-6576.1 14 Except as otherwise permitted by law, the Agency shall require, by contract or other appropriate means, that whenever any low and moderate income housing units are developed within the Project Area, such units shall be made available on a priority basis for rent or purchase, whichever the case may be, to persons and families of low or moderate income displaced by the redevelopment activities of the Agency in the Project Area; provided however, that failure to give such priority shall not affect the validity of title to the real property upon which such housing units have been developed. (25) Duration of Dwelling Unit Availabilitv Unless otherwise permitted by law, the Agency shall require the aggregate number of dwelling units rehabilitated, developed or constructed pursuant to Section D(21) and D(22) of this Plan to remain available at affordable housing cost to very low income, low income, and moderate income households for the longest feasible time, as determined by the Agency, but for not less than the period required by the applicable provisions of the Redevelopment Law. (26) Relocation Housing If insufficient suitable housing units are available in the City for use by persons and families of low or moderate income displaced by the redevelopment activities of the Agency, the Agency may, to the extent of that deficiency, direct or cause the development, rehabilitation or construction of housing units within the City, both inside and outside the Project Area. (27) Increased and Improved Supplv Subject to the provisions of Commission Resolution No. 5237, and the indebtedness of the Agency incurred prior to adoption of Commission Resolution No. 5237, and except as otherwise permitted by law, not less than twenty percent (20%) of all taxes which are allocated to the Agency pursuant to subdivision (b) of Section 33670 of the Redevelopment Law shall be used by the Agency for the purposes of increasing, improving and preserving the City's supply of low and moderate income housing available at affordable housing cost as defined by Section 50052.5 of the California Health and Safety Code, to persons and families of low or moderate income, as defined in Section 50093 of the California Health and Safety Code, and very low income households, as defined in Section 50105 of the California Health and Safety Code, unless one or more applicable findings are made pursuant to the Redevelopment Law. The funds for this purpose shall be held in a separate Low and Moderate Income Housing Fund until used. Any interest earned by such Low and Moderate Income Housing Fund shall accrue to the Housing Fund. 4822-7013-6576.1 15 In implementing this Section 27 of the Plan, the Agency may exercise any or all of its powers including, but not limited to, the following: 1. Acquire real property or building sites subject to Section 33334.16 of the Redevelopment Law. 2. Improve real property or building sites with on-site or off-site improvements, but only if either (A) the improvements are made as part of a program which results in the new construction or rehabilitation of affordable housing units for low- or moderate-income persons that are directly benefited by the improvements or (B) the agency finds that the improvements are necessary to eliminate a specific condition that jeopardizes the health or safety of existing low- or moderate- income residents. 3. Donate real property to private or public persons or entities. 4. Finance insurance premiums pursuant to Section 33136 of the Redevelopment Law. 5. Construct buildings or structures. 6. Acquire buildings or structures. 7. Rehabilitate buildings or structures. 8. Provide subsidies to, or for the benefit of, very low income households, as defined by Section 50105 of the California Health and Safety Code, lower income households, as defined by Section 50079.5 of the California Health and Safety Code, or persons and families of low or moderate income, as defined by Section 50093 of the California Health and Safety Code, to the extent those households cannot obtain housing at affordable costs on the open market. Housing units available on the open market are those units developed without direct government subsidies. 9. Develop plans, pay principal and interest on bonds, loans, advances, or other indebtedness or pay fmancing or carrying charges. 10. Maintain the community's supply of mobile homes. 11. Preserve the availability to lower income households of affordable housing units in housing developments which are assisted or subsidized by public entities and which are threatened with imminent conversion to market rates. The Agency may use these low and moderate income funds to meet, in whole or in part, the replacement housing provisions in Section D(23) of this Plan. These funds may be used inside or outside the Project Area; however, these funds may be used outside the 4822-7013-6576.1 16 Project Area only if findings of benefit to the Project Area are made pursuant to the Redevelopment Law. (28) Duration of Mfordabilitv Except as provided in Section 33334.3 of the Redevelopment Law, or as otherwise permitted by law, all new or substantially rehabilitated housing units developed or otherwise assisted with moneys from the Low and Moderate Income Housing Fund pursuant to an agreement approved by the Agency shall be required to remain available at affordable housing costs to persons and families oflow or moderate income and very low income households for the longest feasible time, but for not less than the following periods of time: a. Fifty five (55) years for rental units; b. Forty five (45) years for owner-occupied units. However, the Agency may permit sales of owner-occupied units prior to the expiration ofthe 45- year period for a price in excess of that otherwise permitted under this subdivision pursuant to an adopted program that protects the Agency's investment of moneys from the Low and Moderate Income Housing Fund. SECTION E. USES PERMITTED IN THE PROJECT AREA (I) Map and Uses Permitted Pursuant to Section 33333 of the Redevelopment Law, the map, attached hereto as Exhibit A and incorporated herein, illustrates the location of the Project Area boundaries, the immediately adjacent streets, and existing public rights-of-way. The land uses permitted by this Plan shall be those permitted by the General plan and City zoning ordinances as they now exist or may hereafter by amended. (2) Maior Land Uses (as now provided in the General Plan) Major land uses permitted within the Project Area shall include: Commercial Office (CO-I), Commercial General (CG-I) Commercial Regional (CR-2), Public Facility (PF) Residential Medium (RM), Residential Medium Heavy (RMH) The areas shown in the map, Exhibit "A", may be used for any of the uses specified for or permitted within such areas by the General plan and zoning ordinances as they exist or are hereafter amended in the future. 4822-7013-6576.1 17 (3) Public Street Lavout. Rights-of-Wav and Easements Pursuant to Section 33333(a) of the Redevelopment Law, the public street system for the Project Area is illustrated on the Project Area Map identified as Exhibit A. The street system in the Project Area shall be developed in accordance with the Circulation Element ofthe General Plan. Primary streets in the Project Area include: Arrowhead Avenue 4th, 5th, 6th, 7th and 8th Streets Court Street D, E, F G and H Streets Certain streets and rights-of-way may be constructed, widened, altered, abandoned, vacated, or closed by the city as necessary for proper development of the Project Area. Additional easements may be created by the Agency and/or the City in the Project Area as needed for proper development and circulation. The public rights-of-way shall be used for vehicular, bicycle and/or pedestrian traffic as well as for public improvements, public and private utilities, an activities typically found in the public rights-of-way. In addition, all necessary easements for the public uses, public facilities, and public utilities may be retained or created. (4) Other Public and Open Space Uses Both within and, where appropriate;outside of the Project Area, the Agency is authorized to permit, establish, or enlarge public, institutional, non-profit uses, including, but not limited to, schools; community centers; auditorium and civic center facilities; criminal justice facilities; park and recreational facilities; parking facilities; transit facilities; libraries; hospitals; facilities for educational, fraternal, philanthropic and charitable institutions; or other similar associations or organizations allowed by Redevelopment Law. All such uses shall be deemed to conform to the provisions of this Plan provided that such uses conform with all other applicable laws and ordinances and that such uses are approved by the City. The Agency may impose such other reasonable restrictions as are necessary to protect development and uses in the Project Area. Pursuant to Section 33333(a) of the Redevelopment Law, there is currently 68.58 acres which is designated as open space in the Project Area, and as of the date of adoption of the 2004 amendment to this Plan, there are no specific plans for the provision of other open space, or property to the devoted to public purposes in the Project Area. Pursuant to Section 33333(d) of the Redevelopment Law, there is 12.53 acres designated by the General Plan as devoted to public purposes within the Project Area. (5) Conforming Properties The Agency may, in its sole and absolute discretion, determine that the prospective acquisition by the Agency of certain real properties within the Project Area in order to foster the elimination of blight and the implementation of this Plan, is not required at the time of such determination, and the owners of such properties may be permitted to remain, as owners of conforming properties, provided such owners continue to operate, 4822-7013-6576.1 18 use, maintain the real properties within the requirements of this Plan. An owner of a conforming property may be required by the Agency to enter into an Owner Participation Agreement with the Agency in the event that such owner desires to (1) construct any additional improvements or substantially alter or modify existing structures on any of the real property described above as conforming; or (2) acquire additional property within the Project Area. (6) General Controls and Limitations All real property in the Project Area is hereby made subject to the controls and requirements of this Plan. No real property shall be developed, redeveloped, rehabilitated, or otherwise changed after the date of the adoption of this Plan except in conformance with the goals and provisions of this Plan and all applicable City codes and ordinances. The type, size, height, number and use of buildings within the Project Area will be controlled by the applicable City planning and zoning ordinances as they now exist or may hereafter be amended. (7) Number of Dwelling Units The total number of dwelling units in the Project Area shall be regulated by the General Plan. As of the date of adoption of the 2004 amendment to the Plan, there are approximately 808 dwelling units in the Project Area. Pursuant to Section 33333(c) of the Redevelopment Law, portions of the Project Area are designated as residential uses in the General Plan. (8) Open Space and Landscaping The approximate amount of open space to be provided in the Project Area is the total of all areas so designated in the Land Use Element of the General Plan and those areas in the public rights-of-way provided through site coverage limitations on new development as established by the City and this Plan. Landscaping shall be developed in the Project Area to ensure optimum use ofliving plant material in conformance with the standards of the City. (9) Limitations on Tvoe. Size. Height, Number and Proposed Use of Buildings Pursuant to Section 33333(b) of the Redevelopment Law, the limits on building type, size, height, and number, as well as proposed uses of buildings shall be established in accordance with the provisions of the General Plan and the zoning ordinances, as they now exist or are hereafter amended. Diagram(s) and general descriptions of these limitations are provided in the General Plan and the zoning ordinances. 4822-7013-6576.1 19 (10) Signs All signs shall conform to the City's requirements. Design of all proposed new signs shall be submitted prior to installation to the appropriate governing bodies of the City and/or the Agency for review and approval pursuant to the Municipal Code of the City and procedures permitted by this Plan. New signs must contribute to a reduction in sign blight. (11) Utilities The Agency shall require that all utilities be placed underground whenever the Agency determines that such undergrounding is physically possible and economically feasible. (12) Incompatible Uses No use of structure which is by reason of appearance, traffic, parking, smoke, glare, noise, odor, or similar factors incompatible with the surrounding areas, structures, or uses shall be authorized in any part of the Project Area, except as otherwise permitted by the City. (13) Subdivision of Parcels No parcels in the Project Area shall be consolidated, subdivided or re-subdivided without the approval of the City, and the approval by the Agency of an Owner Participation Agreement with the owner of such parcel, or the express written waiver by the Agency of the requirement to enter into an Owner Participation Agreement for such parcel. (14) Minor Variations The Agency is authorized to permit minor variations from the limits, restrictions and controls established by this Plan. In order to permit any such variation, the Agency must determine all the following: a. The application of certain provisions of this Plan would result in practical difficulties or unnecessary hardships inconsistent with the general purposes and intent of this Plan. b. There are exceptional circumstances or conditions applicable to the property or to the intended development of the property, which do not apply generally to other properties having the same standards, restrictions, and controls. c. Permitting a variation will not be materially detrimental to the public welfare or injurious to property or improvements in the area. d. Permitting a variation will not be contrary to the objectives of this Plan. 4822-7013-6576.1 20 No such variation shall be granted which permits other than a minor departure from the provisions of this Plan. In pehnitting any such variation, the Agency shall impose such conditions as are reasonably necessary to protect the public health, safety, or welfare, and to assure compliance with the purposes of this Plan. (15) Design for Development In the case of property, which is the subject of a Disposition and Development Agreement or an Owner Participation Agreement with the Agency, such property shall be developed in accordance with the provisions of such Agreement. One of the objectives of this Plan is to create an attractive and pleasant environment in the Project Area. Therefore, such plans shall give consideration to good design, open space and other amenities to enhance the aesthetic quality of the Project Area. (16) Building Permits Any building permit that is issued for the rehabilitation or construction of any new building or any addition, construction, moving, conversion or alteration to an existing building in the Project Area following the date of the 2004 amendment to the Plan must be in conformance with the provisions of this Plan, and any applicable Owner Participation Agreement or Disposition and Development Agreement. The Agency is authorized to establish permit procedures and approvals required for purposes of this Plan. A Building permit shall be issued only after the applicant for same has been granted all approvals required by the City and the Agency at the time of the application. SECTION F. METHODS FOR FINANCING THE PROJECT (I) Proiect Financing The estimated net cost for the entire project area is approximately $10,280,000 of which approximately $1,924,000 is expected to be provided by the Federal Government since a portion of this project is anticipated to receive Federal participation on a two-thirds Federal and one-third Local basis. Funds to cover the local share will be procured by the Redevelopment Agency under the provisions of the California Cornmunity Redevelopment Law, Section 33600 through 33605 and 33640 through 33646, as follows: [From Section 33600 of the Redevelopment Law]: An agency may accept financial or other assistance from any public or private source, for the agency's activities, power, and duties, and expend any funds so received for any of the purposes of this part. 4822-7013-6576.1 21 [From Section 33601 of the Redevelopment Law]: An agency may borrow money or accept financial or other assistance from the state or federal government or any other public agency for any redevelopment project within its area of operation, and may comply with any conditions of such loan or grant. An agency may borrow money (by the issuance of bonds or otherwise) or accept financial or other assistance from any private lending institution for any redevelopment project for any of the purposes of this part, and may execute trust deeds or mortgages on any real or personal property owned or acquired. [From Section 33602 of the Redevelopment Law]: "Bonds" means any bonds, notes, interim certificates, debentures, or other obligations issued by an agency pursuant to Articles 5 (commencing with Section 33640) of this chapter. [From Section 33603 of the Redevelopment Law]: An agency may invest any money held in reserves or sinking funds, or any money not required for immediate disbursement, in property or securities in which savings banks may legally invest money subject to their control. [From Section 33604 of the Redevelopment Law]: If an agency ceases to function, any surplus funds existing after payment of all its obligations and indebtedness shall vest in the community. [From Section 33605 of the Redevelopment Law]: In connection with the issuance and sale of preliminary loan notes, secured by a requisition agreement with the United States of America, the agency may delegate to one or more of its agents or employees the powers or duties it deems proper. [From Section 33640 of the Redevelopment Law]: From time to time an agency may, subject to the approval of the legislative body, issue bonds for any of its corporate purposes. An agency may also, subject to the approval of the legislative body, issue refunding bonds for the purpose of paying or retiring bonds previously issued by it. [From Section 33641 of the Redevelopment Law]: An agency may issue such types of bonds as it may determine including bonds on which the principal and interest are payable: a. Exclusively from the income and revenues of the redevelopment projects financed with the proceeds of the bonds, or with such proceeds together with financial assistance from the State or Federal Government in aid of the projects. b. Exclusively from the income and revenues of certain designated redevelopment projects whether or not they were fmanced in whole or in part with the proceeds of the bonds. 4822.7013-6576.1 22 c. In whole or in part from taxes allocated to, and paid into a special fund of the agency pursuant to the provisions of Article 6 (commencing with Section 33670) of this chapter. d. In whole or in part from taxes imposed pursuant to Section 7280.5 of the Revenue and Taxation Code which are pledged therefore. e. From its revenues generally. f. From any contributions or other financial assistance from the State or Federal Government. g. By any combination of these methods. [From Section 33642 of the Redevelopment Law]: Any of such bonds may be additionally secured by a pledge of any revenues or by encumbrance by mortgage, deed of trust, or otherwise of any redevelopment project or other property of the agency or by a pledge of the taxes referred to in subdivision (c) of Section 33641, or by any combination thereof. [From Section 33643 of the Redevelopment Law]: Neither the members of any agency nor any persons executing the bonds are liable personally on the bonds by reason of their Issuance. [From Section 33644 of the Redevelopment Law]: The bonds and other obligations of any agency are not a debt of the community, the State, or any of its political subdivisions and neither the community, the State, nor any of its political subdivisions is liable on them, nor in the event shall the bonds or obligations be payable out of any funds or properties other than those of the agency; and such bonds and other obligations shall so state on their face. The bonds do not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction. [From Section 33645 of the Redevelopment Law]: The Agency may authorize bonds by resolution. The resolution, trust indenture, or mortgage may provide for: a. The issuance of bonds in one or more series. b. The date the bonds shall bear. c. The maturity dates of the bonds. d. The interest rate, not exceeding the maximum rate fixed for bonds of cities under Chapter 4 (commencing with Section 43600) Division 4, Title 4 of the Government Code. e. The denomination of the bonds. 4822-7013-6576.1 23 f. Their form, either coupon or registered. g. The conversion or registration privileges carried by the bonds. h. The rank or priority of the bonds. 1. The manner of their execution. J. The medium of payment. k. The place of payment. I. The terms of redemption with or without premium to which the bonds are subject. [From Section 33646 of the Redevelopment Law]: The bonds may be sold at par less a discount of not to exceed 5%, at public sale held after notice published once at least five days prior to the sale in a newspaper of general circulation published in the community, or, if there is none, in a newspaper of general circulation published in the County. The bonds may be sold at not less than par to the federal government at private sale without any advertisement. (2) Time Limit on Establishing Loans. Advances and Indebtedness The principal amount of bonded indebtedness (issued pursuant to Section 33640, et seCl., of the Health and Safety Code) to be repaid in whole or in part from such allocations of taxes, and which can be outstanding at one time, as applicable to the Redevelopment Project, shall not exceed the sum offorty million dollars ($40,000,000) without an amendment of this Plan." (3) Limitation on Number of Dollars of Taxes Which Mav Be Divided and Allocated to Agencv a. A limitation on the number of dollars of taxes which may be divided and allocated to the Agency need not be specified as a dollar value limitation so long as a limitation does in fact exist to enable the Agency to reasonably determine a limitation on such amounts when certain financial variables are known. Taxes shall not be divided and shall not be allocated to the Agency beyond such limitation, except by amendment of this Plan. The dollar amount of taxes which may be divided and allocated to the Agency ("tax allocations") pursuant to subsection 2 of this Section "F" in any fiscal year shall be a figure derived by multiplying the maximum annual debt service (as hereinafter defined) on those forms of indebtedness as further provided in Paragraph "b" below and payable from the tax increment revenues attributable to the Redevelopment project by a factor of 1.75 ("coverage"). As used 4822-7013-6576.1 24 herein, maximum annual debt service means the largest of the sums obtained for any fiscal year after the computation is made by totaling the following for each such fiscal year: (I) the principal amount of all serial Bonds and serial parity Bonds payable in such fiscal year; and (2) the amount in minimum sinking fund payments; (3) the interest which would be due during such fiscal year on the aggregate principal amount of Bonds and parity Bonds which would be outstanding in such fiscal year if the Bonds and parity Bonds outstanding on the date of such computation were to mature or be redeemed in accordance with the maturity schedule or schedules for the serial Bonds and serial parity Bonds and the schedule or schedules of minimum sinking fund payments for term Bonds and term parity Bonds; (4) any other optional or mandatory call and redemption of bonds; and (5) the principal and interest due and payable in each fiscal year of the agency with respect to loans, notes, contractual obligations or other forms of indebtedness payable to third parties either in whole or in part from the tax allocations. At the time and for the purpose of making such computation, the amount of term Bonds and term parity Bonds already retired in advance of the above-mentioned schedule or schedules shall be deducted pro rate from the remaining amounts thereon. b. The principal amount of the tax allocation bonded indebtedness applicable to the Redevelopment Project issued pursuant to Section 33650, et seQ., of the Health and Safety Code, exclusive of (i) sales and use tax revenue bonds or other similar bonded indebtedness or contractual obligations, (ii) other Agency subordinated contractual obligations payable from tax allocations and, (iii) other forms of indebtedness and City and/or Agency indebtedness payable from tax allocations, which can be outstanding at anyone time and payable in whole or in part from tax allocations attributable to the Redevelopment Project shall be limited to forty million dollars ($40,000,000) if and to the extent the same is serviceable solely from tax allocations, applying to such tax allocations the 1.75 coverage test as set forth above to so determine the total amount of tax allocations to be allocated to the Agency for the debt service requirements on such tax pursuant to said Section 33640 in addition to that amount required for the repayment of principal and interest on such other Agency subordinated contractual obligations payable from tax allocations and other forms of indebtedness and City and/or Agency indebtedness payable from tax allocations; provided, however, that if other sources of payment are lawfully combined with tax allocations, there shall be no limit as to the amount of bonded indebtedness serviceable from such other source of funds, except as to that portion of the total tax allocation bonded 4822-7013-6576.1 25 indebtedness which is attributable to being serviced from tax allocation which shall not at anyone time exceed such figure of forty million ($40,000,000) principal amount outstanding as set forth above applying the same coverage test to determine the total oftax allocations which shall be available to the Agency. SECTION G. ACTIONS BY THE CITY The City shall aid and cooperate with the Agency in carrying out this Plan and shall take all reasonable actions necessary to ensure the continued fulfillment of the purposes ofthis Plan and to prevent the recurrence or spread in the Project Area of conditions of blight. Actions by the City may include, but shall not be limited to, the following: (A) Institution and completion of proceedings for opening, closing, vacating, widening, or changing the grades of streets, alleys, and other public rights-of-way, and for other necessary modifications of the streets the street layout, and other public rights-of-way in the Project Area. Such section by the City shall include the requirement of abandonment and relocation by the public utility companies of their operations in public rights-of-way as appropriate to carry out this Plan, provided that nothing in this Plan shall be deemed to require the costs of such abandonment, removal, and relocation to be borne by others than those legally required to bear such costs. (B) Institution and completion of proceedings necessary for changes and improvements to publicly owned parcels and utilities in the Project Area. (C) Performance of the above, and of all other functions and services relating to public health, safety, and physical development normally rendered in accordance with a schedule which will permit the redevelopment of the Project Area to be commenced and carried to completion without unnecessary delays. (D) Imposition, whenever necessary, of appropriate design controls within the limits of this Plan in the Project Area to ensure proper development and use ofland. (E) Provisions for administration/enforcement of this Plan by the City after completion of development. (F) The undertaking and completion of any other proceedings necessary to carry out the Plan. (0) The expenditure of any City funds in connection with redevelopment of the Project Area pursuant to this Plan. (H) Revision of the City zoning ordinance, adoption of specific plans of execution of statutory development agreements to permit the land uses and facilitate redevelopment and elimination of blight authorized by this Plan. 4822-7013-6576.1 26 SECTION H. ADMINISTRATION AND ENFORCEMENT Upon adoption, the administration and enforcement of this Plan or other docwnents implementing this Plan shall be performed by the City and/or the Agency, as appropriate. The provisions of this Plan or other docwnents entered into pursuant to this Plan may also be enforced by litigation or similar proceedings by either the Agency or the City. Such remedies may include, but are not limited to, specific performance, damages, re- entry onto property, power of termination, or injunctions. In addition, any recorded provisions which are expressly for the benefit of owners of property in the Project Area may be enforced by such owners. SECTION I. PLAN LIMITATIONS (1) Effectiveness of the Plan Except for the non-discrimination and non-segregation provisions which shall run in perpetuity, and except as otherwise provided herein, the provisions of other docwnents formulated pursuant to this Plan shall be effective for forty (40) years from the adoption of Common Council Ordinance No. 3366 approving this Plan After the time limit on the effectiveness of the Plan has expired, the Agency shall have no authority to act pursuant to the Plan except to pay previously incurred indebtedness and to enforce existing covenants or contracts. However, if the Agency has not completed its housing obligations pursuant to Section 33413 or the Redevelopment Law, the Agency shall retain its authority to implement requirements under 33413, including the ability to incur and pay indebtedness for this purpose, and shall use this authority to complete these housing obligations as soon as reasonably possible. SECTION J. PROCEDURE FOR AMENDMENT This Plan may be amended by means of procedure established in Sections 33450-33458 of the Redevelopment Law or by any other procedure hereafter established by law. This Plan is to be liberally construed and not interpreted as a limitation on the powers of the Agency. Notwithstanding any provision in this Plan to the contrary, the Agency or Commission may hereby utilize all powers of a redevelopment agency pursuant to the Redevelopment Law and all other applicable laws, as the same now exists or maymhereafter be amended. 4822-7013-6576.1 27 Exhibit " A" Central City North Redevelopment Project Area Map ) EXHIBIT "A" Iii III E ~ CI iil c coccuee.,ee o f1 e c \J e o ('\ (1(100 e C Cl e ....... . c c (, Que & Hoe ~ Ge(10(~H;lEl8 e OOtJ8 8 8 9(16880(1 (I (0(<(\(\ e " " u e c e 0 " - 8 0 e- o " C' tl 000 (i 0 aU (\ "e 00 0 0 l~'___w...::..:......: 0 e, e e e' e eElBe&G 8; U c' a 0 c' 0 () f)O " (i c' c' c' o c coo c' e i=~ a::~ O~ Z.~ ~~ OQ) c;!~ a::1J I-C:: Z~ W, Oc:: .!!! a.. - ~ Q) 5i ~ ... ~ 0, c ~ <: ~ ~ ~ '^ ~ '. ll: ,0 w i E E , , 1:- 1 'il ::;: i " Jl .f " " 0 u -lj -lj '" -" ~ ~ ~ [ III ~ " 8 G -. ~ u 5 5 " " 0 :0 ] Jl ~ ~ u e E E E E E " <3 <3 <3 s III D ~U ~ z~ ~ Exhibit ~B" Central City North Redevelopment Project Area Legal Description of Project Area } '\ Legal Description of Project Area Those portions of Blocks 19,20,25,26,27,28,29,30,35,36,37,38,39,40,41,42,43, 44, 45, 46, 51, 52, 53, 54 and 55 of the City of San Bernardino, County of San Bernardino, State of California, as per map recorded in Book 7 of Maps, Page 1; and Norton and Hay Subdivision as per map recorded in Book 16 of Maps, age 7; and Sub of Block 55, City of San Bernardino, as per map recorded in Book 3 of Maps, Page 30; and Porter's Subdivision as per map recorded in Book 2 of Maps, Page 26; and J. S. Bright Subdivision as per map recorded in Book 4 of Maps, Page 4; and Bennetts Subdivision as per map recorded in Book 3 of Maps, Page 15; and Ward and Courtney Subdivision as per map recorded in Book 3 of Maps, Page 25; and Kingman - Hampson Subdivision as per map recorded in Book 30fMaps, Page 81, records of said County described as follows: Beginning at the intersection of the Easterly prolongation of the North line of Court Street, 82.50 feet wide and the East line of Arrowhead Avenue 82.50 feet wide; thence West along said Easterly prolongation and the North line of said Court Street to the East line of "D" Street, 82.50 feet wide; thence Westerly in a straight line to the Northwest corner of "D" Street and Court Street, 56.16 feet wide; thence West along the North line of Court Street to the East line of"E" Street 82.50 feet wide; thence North Along the East line of said "E" Street to the Northeast corner of said "E" Street and Fourth Street, 82.50 feet wide; thence West along the North line of said Fourth Street to the West line of "H" Street; thence North along the West line of said "H" Street a distance of 48.00 feet to the Right of Way line of State Route vm - 43 (Freeway U. U. 395); thence along said Right-of-Way line the following courses and distances: thence South 89 34'17" West a distance of 251.15 feet; thence Northerly along the arc of a curve concave Northeasterly withoa radius of 150.00 feet a distance of 83.37 feet; thence North 17 a5'04" West a distance of 170.43 feet to the South line of Kingman Street; thence North 07 28'03" West a distance of 40.30 feet to the North line of said Kingman Street; thence North 0 27'47" West a distance of 130.00 feet; thence Northerly in a direct line to a point on the North line of Lot 41 of the Ward and Courtney Subdivision as per plat recorded in Book 3 of Maps, page 25, records of the County Recorder of said County, said point being 370.00 feet West of the East line of said "H" Street; thence North 0 27'54" West a distance of 143.71 feet to the South line of Spruce Street, 50.00 feet wide; thence North 05 43 '35" East a distance of 173.52 feet to the beginning of a tangent 0 curve concave Southeasterly and having a radius of 160.00 feet; thence Northeasterly along said curve thru a central angle of 79 24'47" a distance of221.77 feet; thence North 85 08'02" East a distance of 99.66 feet to the South line o( Sixth Street 82.50 feet wide; thence East along the South line of said Sixth Street to the West line of said "If' Street; thence leaving said Right-of-Way line ofFreeway U.S. 395 North along the West line of said "H" Street to the North line of said Sixth Street; thence West along the North line of said Sixth Street to the Easterly Right-of- Way line of said U.S. 395; thence North along said Easterly Right-of-Way line of U.S. 395 Freeway and following all its various courses and distances to the North line of Eight Street 82.50 feet wide; thence East along the North line of Eight Street to the Northeast corner of said Eight Street and Arrowhead Avenue; thence South along the East line of said Arrowhead Avenue to the point of beginning. , I Exhibit "C" Community Development Commission Resolution No. 4830 December 23, 1985 ( .. .c:Vi;; \/ {~ ." ') ?: <. ' SBEOOl-92/1.010./1297S/kl. 12/18/85 ' RE:SOLUTION NO < 4830 "i RESOi.UTIO~ OF , THE COMMUNITY DEVELOPMENT 'COMMISS,ION OF ,T~ 'CITY OF SAN BERNARDINO AOQPTING A STATEMERT Of. EXISTING PROJECTS. PROGRAMS AND ACTIVITIES AND EXISTING OBLIGATIONS i>tmSUANT' To HEALTH AND SAFETY CODE SECTION 33334.6 :,,~, "':'JY .g~ : -: "'-.. . -.< .WHEREAS, Health and '~afety Code Section 33334.6 requires ,with reference to re!levelopment plans adopted ,prior to January 1, 1977. . that' not les!> than tWenty percent (20%) of all taxes which are a~located to the Redeveiopment Agency of the City of San Bernardino / (the -Agency") pursuant to Health and Safety Code Section 33670 be , , set aside fot purposes ,of increasing and. improving' the commupity's. - ..... ., . . \ \ ~upply of low-, and ~oderate-income" housing -(the "Housing Fund , ''\lpropriation") unless certain findings are made;, and , WHEREAS, ,Health and Safety Code Section 33334.6 authoJ:1zes the Agency no't to set; aside the Housing Fund Appropriation, or any - ' portion thereof, if it is found and determined that the Housing Fund Appropriation, or any portion thereof, is needed for other purposes , in, order to (lrQvide for; the o'rderly and timely completipn of public an~ private redevelopment projects; programs and activities which as .of January, 1, 1986 the .p.gency intends, to implement; and , WHEREAS, 6ealth and Safety Code Section 33334.6 authoJ:1zes the Agency not to ;set ,aside the Housing Fund Appropriation, or any portion thereof, if it is found and determined that the Housing Fund - 1 - ) ) ~ppr.opriatian, 'or ,any partian thereaf, is needed ,far purpases .of payment under existing .obligati.ons of am.ounts due .or required ta be cammitted, set aside .or ,reserved by :the Agency during the fiscal 'year and which are used by the Agency f.or'that purpase; and WHEREAS, the Cammunity Develapment Cammissi.on .of the City .of $an Bernardina (the "C.ommissian"), .on' behalf .of the Agency, intends t.o implement th.ose certain projects, pr~qrams and activities pertaining to those certain' redevelopment prajects adapted 'by the Agency pri.or t.o January, I, 1977, all as set farth in Exhibit "A" attached heret.o' and ,~ incarparated herein 'by reference, and, the " COmmission ha:;; ,,' fu.rther established .or has I otherwise identified existing ~abli9atians pertaining t.o the, paYment of 'am.ount::; due .or r'.required ta "be cammitted, set aside' .or rese,rved bY'the Agency during ... the fiscal year 1985-86; and WHEREAS, it is appropriate at this time far the Cammissian- , ..on b~half .of ,the Agency ta make certain findings and- autharizati.ons with reference t.o said redeveldpment pr.ojects and obligatians, pursuant t.o Health and Safety'Cade Secti.on 33334.6~ NOW, THEREFORE, THE COMMUNITY DEVELOPMENT CQMMISSION, ACTING ON BEHALF OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: -'- 2 - ., <:-) ) "Section 1. The Conunission he"reby reaffirms and inCorporates herein by reference that ,certain Resolution of the eom.ission entitled: .., ,.' .. . '"" ..;. .:3~'H:' Resolution of the Conununity Development Cominission of the City of San Bernardino, Making Certain Findings Concerning Lack of Reed to Set Aside a Portion of Property" ".Tax Increment Pursuant .:to' Health and Safety' ". Code ,SeCtions 33334.2 and 33334~6 , , aDd the Commission specifically reaffirms, and incorporates by "--.."-- refereDc~ h~reiri." any 'and all findings .and determinations made in said Reso~ution~ f - "Section 2. Pursuant to" Health and Safety Code Section 33334.6, the Commission on behalf of the Agency hereby accepts" 'approves and adopts for planning purposes the Statement of Projects, Progri181s and. Activities as set forth in Exhibit "A" attached hereto aiid incorJlOrated herein by reference, and the Commission on behalf oj: the AljJency furthe!= affirms its intention to "proceed with the projects, programs and activities set forth therein; provided, however, that nothing in this Resolution shall be deemed to Constitute final approval' of "any" "pi'oject, program or activity set, forth in said Exhibit "A-. , )hereby , finds Section 3. ~he Conunission on behalf of the Agency and determines pursuant to Health and Safety Code ~ 3 '~ ) 'J Section 33334.6 that the projects, programs and activities set forth in Exhibit -A- attached hereto a:nd 'incorporated herein by reference are projects, programs and activities as descr,ibed in, Hea,lth and Safety Code Section 33334.6, and' that the orderly': and. timely completion of said projects, programs and .activities requires that nei their the Housing Fund Appropriation, nor any portion thereof, be set aside during the 1985-86 fiscal year for purposes set forth in Health and Safety Code Section 33334.6. Section 4. The Commission on, behalf of the Agency ,; 'hereby accepts, approves and adopts the' Statement of Existing lnterproject Area Loans, and Obligations as set forth in Exhibj.t -B- I - , attached i' heret<> and . incorporated herein by _ reference, and the ~ Commission on behalf of the Agency authorizes and directs Agency and . City Staff to execute any and all documents, book entries and writings and to take any and all actions which are reasonable and . . necessary in order to conunit, set aside or. reserve Agency funds- pursuant to the obligations set forth in Exhibit -B-~' including any and all interest due thereon calculated at a rate not to exceed the maximum interest rate permitted ~y' law. Section 5. The Commission on behalf' of the Agency hereby finds and d,etermines pursuant to Health' and Safet.y Code Section 33334.6 that the obligations set forth in Exhibit -8- attached hereto and incorporated herein by reference are o~ligations as described in Health and Safety Code Section 33334.6, and that the 'repayment, coimnitment, set aside or reservation of funds pursuant to - 4 - ") " ) said obligations, inCluding any and all. interest due thereon, requires that neither the Housing Fund Appropriation. nor any ~ ,portion .thereof, be set aside during the 1985-86 fiscal. year for purposes.set fOrth in Health and Safety Code Section 333'4;6: Section 6. This Resolution shall . tak.e effect . upon adoption. ADoPTED :" 12/23/85 Approved as to ~egal Fo.rm.and Adequacy: f ."9y~ ~ - 5 - . ) ) - EXHIBIT -A- , STATEMENT OF PROJECTS, PRoGRAMS AND ACTIV:ITIES ~entral City Rede~elopment Project 1. Americlm Cities Plan, including public Improvements for Downtown Area and the Court Street Corridor from, E Street -to Arrowhead and then-north appro~imat~ly to 5th Street. / -~. 'Revitalization and street -scape plan for E Street 'Cor"idor from appr9xim,ately2i'ld _ to 7th streets, iJlcluding beautification-and improvement program. .. 3. High' groundwater pumping and improvement program, including cos-ts of pumping high groundwater and of constructing permanent improvements in order to alleviate high groundwater problems. _4. Master city planning program,' including -Greater San Bernardino Plan". S.- Improvement project for parking structure at 2nd and E-Streets, including restiiping, restructuring, re-signing and construction of access improvements. 6. -J- building lease, ,including option to purchase. - 6 - ) . ., .. , 7. Parking.project and program for Downtown Area, including parking facilities adjacent to development of office structures pursuant .to existing and. projected disposition and development agreements. 8. . Schurgin Disposition and Development .Agreement,.. including financial obligations thereunder. 9. Carel Disposition and Development . Agreement, including improvement obligations thereunder. ./ . . .10~ .Orange Show~xte.nsion Project~ including street improvements, . possible lalid acquisition, -. reloca.tion, and other obligations in . I - . accolic1ance with Orange Show .Master Plan. " 11. Demolition of Court and E Street site. . .J;i. Obligations pertaining to fiscal impact bond refunding for' merged redevelopment project areas. i3. Obliga.tions pursuant to Nicolay Note. 14. Legal services progralJls and obligations. IS, Obligations and reimbursements to fiscal agents pertinent to bond issues. 16. YWCA rehabilitation project. - 7 ~ ) ) ( 17. Redevelopment arid public improvement obligations for redevelopment of Rialto, Mill, 'F and H Street site, including p~~lic improvements, ,streets, soils improveJDents, utility under-grounding and other matters. 18. Obligations under Scott Note. 19. Obligations under Nicholson Note. -io. Obligations related to bond i'ssuance programs. .' 21. Obligations-pertaining to issuance of parking facilities bonds. ~ 22. Ob'ligations pertaining to issuance of fire station bonds. i . 23. Obligations pertaining to issuance of library bonds. " State COlleqe Redevelopment Project 1. Golf Course expansion project pursuant to existing agreement 'with Golf course lessee. 2. Golf Course undercrossing project pertaining to expansiOn of ,Interstate 215 Freeway. '3. C & M Fine Pack Owner Participation Agreement obligations. - 8 - . ., ) ) , 4. Co llege Parkway Agreement obligations, including, offsite r , improve~nts. S. "Obligations pertaining to bond issues. ~'. Obligations pursuant to Darmor OWner Participation Agreement, including landscaping impr.ovements. 7. Development of publiC improv'ements on, Kin4al1 Avenue near 40th Street pertaining to shopping center site redevelopment. / 8. Branch library project, including finanCing programs obligations. I " 9. Construction of storlildrain facilities along UniVersity Parkway. ,. . 'Southeast Industrial Park Redevelopment Project 1. Obligations pursuant to Miles and Hall Di"sposition and . Development Agreement, including 'flood contr<ll improvements. ~; Obligations pursuant to Jan~e Note. 3. Obligations and reimb!1rsements to fiscal agents pertaining to bond issues. - 9 - ;- \ , , ") 4. Auto Center OWner Participation Agreement, including obligations thereunder" ,for site located at appro~imately Orange Show Road <-- and Interstate 215. : 5. Employl1lent ,Linkage Project, including incentives 'and reimbursements for creation of new jobs. '6. Marketing project, including ,advertising. program, to encourage redevelopment. .' 7. Obligations pertaining to bond issues. , CeritralCity 'North Redevelopment Proiect, r" - 1. Obligations and reimbursements to fiscal agents pertaining to ,bond issues. 2. Obligatitins pertaining to Gabriel Note. . 3'. Obligations pertaining to Schweitzer Note. '4. Parking project, including development of parking structures for redevelopment area. 5.C Obligations pursuant to bond issues. I ~. Obligations pertaining to existing notes concerning Stater Bros. properties. - 10 - ". .\ ! Central .City West Redevelopment Proiect " i. Obligations pertaining to Swing Note. Miscellaneous 1. To the extent that the' foregoing 'projects, programs and activities pertain to more th.;u) one of the foregoing redevelopment . project al;'eas, .the . Agency inteilds that ." .responsibility for such projects, programs and activities be .' borne by any and all applicable redevelopmeilt project areas. - . 2. Fina~ci'ng start up costs for all of the foregoing redevelopment ~ project areas. 3. 'Enterprise zonefi., including those within the foregoing . redevelopment pq)ject areas, and including local incentive" pr.ogramsand fee r.ebate programs. -4.. Funding and .implementatiun of the City Ernpl.oyment Jo.b Linkage Program, inCluding the targeting of funding for employment development progr~ms with participating companies, businesses . and individual's eithe'r inside any of the redevelopment areas of the Agency or outside and of benefit to any of the redevelopment project areas of the Agency, for the purpose of providing employment Opportunities to perSOns of low~ and very-low income. - 11 - ~. ) :.. )- - , c - EXHIBIT -B- STATEMENT OF EXISTING INTERPROJECT AREA LoANS AND OBLIGATIONS AS OF DECEMBER 31, 1985 DUE- AND OWiNG AS OF JUNE 30~ 1986 Central City NorttlRedeve~o~ment proieet Principal amount of_ obligations 'payable to Central City Redevelopment Project: $1,899,253 Central City West-Redevelopment Proiect Principal amount of obligations payable to Central City Redev~lopment project: $707,440.00 -~ - ,- I- ". . ~~iincipal amount of obligations, payable to- Mortgage Finance: $377,606.00 --Principal amount of obligations payable - to - StateCoHege Redevelopment Project: $591,988.00 ~ri-City Redevelopment proiect Principal amount of obligations payable to South East Industrial Park Redevelopment Project: $584,450.00 :u~toWn RedevelopmentProiect Principal amount of obligations payable to Central City Redevelopment Project: $323,420.00 South Valle Redevelopment Project Payable amount of obligations payable to South East Industrial Park Redevelopment Project: $83,410.00 ". :') ) " ExHIsrT -A- , STATEMENT OF PROJ'ECTS, 'l>ROGRAMs AND .~tTIvrTJES Central City ae~evelo.pment Proiect L American Cities .Plan, inclU'ding public improvements for Downtown " . Area and the Court Street Corridor from E Street to Arrowhead and then north approximately to 5th Street; ,- i. Revitalization.and street scape plan for ~Street Corridor' from approximately .;lnd to 7th streets, iIj-cluding beautification and improyementprogram. !1'to , I 3. High 'groundw<lter .pumping .and improvell\ent program, including costs of pumping high qroundwater and of constructing permanent improvements in Order to alleviate high groundwater problems. ~. .Master 'city planning program, inclu.ding -Greater San Bernardino .'Plan- . 5. Improvement. project for parking, structure at 2nd and E Str'eets. inclUding restriping, restructuring, re-signing and construction of access improvements. 6. -J- building lease, including option to purchase. - 6 - ) l 7.' " P~rking project and program for Downtown Area, including parking faci~ities adlacent to development of office structures 'pursuant to existing and projected disposition and development'agreements. -8. SChurgin Disposition and Development Agreement, financial obligations thereunder. including ,9. Carel Disposition and ,Development Agreement, inclUding improvement obligations there~hder. l~," Orange Sh~w Extension Project, including' street improvements, poss~ble~landacquisiti6n, relocati~w, and other obligations in ",'" '. accordance with Orange Show Master Plan. ~ 11. Demolition of Court and E Street site. 12. Obligations pertaining to fiscal impact bond refunding for merged redevelopment project areas. 13. Obiiqations pursuant to Nicolay 'Note. 14. Legal services programs and Obligations. 15. Obligations and "reimbursements to fiscal agents pertinent to bond issues. .6. YwCA rehabilitation project. - 7 - " ) ) 17~ Redevelopment and public improvement, obligations for -, redevelopment of Rialto, Mill, f' and H Street site! including public improvements, s'treets, soils '~mpr~vements, utility under-grounding and other matters. 18.0bligations under Scott Note. 19. Obligations urtderNicholson Note. 20. Obligations related to bond issuance pro,grams. .- '21. Obli~ati~ns tiertairiing to issuance of parking -=ildlities bonds. "" ~2. Obligations pertaining' to issuance of 'fire station bonds. 23. Obligations pertaining to issuance of library bonds. State COlleqe Redevelopment'Pi::oiect L ,Golf Course expansion project' pursuant ,to existing 'agreement with Golf Course lessee. ,2. Golf Course undercrossing proj ect pertaining to expansion of ,Interstate 215 F'reeway. 3. C & M Fine pack Owner Participation Agreement obligations. - 8 - ", :__ 1 '.j ,-, , ) '4. College ,ParkWay Agreemerit obligations, including offsite ~. improvements~ ,5:, Obligations pertaining to bond issues. 6. Obligations pursuant to Darmor Owner Participation Agreement, including landscaping imprOvements. '7. 'Development' cjf 'public improvements on Kindall Avenue near 40th Street'pertaining to shopping center site redevelopment. /' 8. Bra,,~h l~bra,fy project, including, fina,ncing programs o!:lligations. ~ ~Qutheast Industrial Park Redevelopment Project I " , :. ,I. Obligations pursuant to Miles and Hall Disposition and Development Agreement, inClUding flood control improvements. ~. Obligations pursuant to Janke Note. 3., Obligations and Feimbursements to fiscal agent,s pertaining to bond is,sues. ,4; Auto Center Owner Participation Agreement, inClUding obligations thereunder, fOr site located at apprOximately Orange Show Road and Interstate 215. -9 - " ) ) )5. Employment t.inkage Project, . inCluding incentives and reimbursements for creation of new jobs. .6. Marketing proj.ect, including advertisi"ng .program .to encourage redevelopment. 7. . Obligations pertaining to bond iSsues.. Central City ti'ort;h Redevelopment Project .~ 1. Obligations ,.and . reimbursements to fiscal agents Pertaining to I bol).d ;iss~es. 2. . Obligations pertaining to Gabriel Note. 3. Obligations pertaining to Schweitzer Note. 4. Parking project, inCluding development of parking structures for redevelopment area. .., .5. Obligations. pursuant to bond issues. . 6. Obligations pertaining to existing notes concerning Stater Bros. properties. - 10 - . \ j J :) Central City West Redevelopment Proiect '- 1. Obligations pertaining to Swing Note. ~iscellaneous 1. TO the e:x:tent that the foregoing p.rojects,. programs . arid activities pertain to mo.re than one ., of the foregoing redevelopment project areas, the :Agency intends that .responsibility for sueh projects, progrllms and activities be / borne by any and all applicable redevelopment project areas. .2 ~ tiriail'cing start up costs for all of.. the foregoing redevelopment project areas. ... ) 3. Enterprise zones, including those within the . foregoing redevelopment project . areas, and including ioeal incentive programs and fee rebate programs. :4. runClinq and. impleillEmtatian of the City Employment Job J;.inkage Program, including t.heta-rgeting of funding for employment development programs with .participatingcompanies, businesses and .individuals either inside any of the. redevelopment areas of the Agency or outside and of benefit.to any of the redevelopment project areas of the Agency, for the purpose of providing employment opportunities to persons.of low- and very~low income. .1 - II - ECONOMIC DEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO FROM: Gary Van Osdel Executive Director OR i G \ N A LSUBJECT: JOINT PUBLIC HEARING - CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA PLAN - AMENDED AND RESTATED REDEVELOPMENT July 12,2004 PLAN .------------------------------------------------------------- DATE: Svnonsis of Previons Commission/Conncil/Committee Action(s): On January 24, 2000, the Community Development Comntission authorized the Executive 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 Comntittee for the proposed redevelopment plan amendment for the Central City North Project Area and calling for the formation of a Project Area Comntittee (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 Comntittee members and finding that all applicable procedures were followed in the election of the Project Area Comntittee for the Central City North Redevelopment Project. On June 7, 2004, the Community Development Comntission of the City of San Bernardino adopted a resolution setting a date and time, July 19, 2004 at 4:00 p.m. for a public hearing to consider an Amended and Restated Redevelopment Amendment for the Central City North Redevelopment Project and Certification of the Environmental Impact Report. On June 7, 2004, the Mayor and Common Council of the City of San Bernardino adopted a resolution setting a date and time, July 19, 2004 at 4:00 p.m. for a public hearing to consider an Amended and Restated Redevelopment Amendment for the Central City North Redevel~lI!ent Project ".11.<l~"-rEficat~~~the Envi~.!'E.!..entaLl!npact Report. ____________ Recommended Motion(s): OPEN JOINT PUBLIC HEARING CLOSE JOINT PUBLIC HEARING (Community Develonment CommissionlMavor and Common Council) IF WRITTEN OBJECTIONS ARE PRESENTED MOTION A: THAT THE PUBLIC HEARING BE CLOSED; THAT WRJTTEN OBJECTIONS TO THE 2004 AMENDED AND RESTATED REDEVELOPMENT PLAN FOR THE CENTRAL CITY NORTH DEVELOPMENT PROJECT BE CONSIDERED; AND THAT WRJTTEN FINDINGS BE PREPARED IN RESPONSE THERETO AS APPLICABLE AND BE PRESENTED AT THE NEXT REGULAR MEETING. OR _______-1~~~~EXT PAG~_____ Contact Person(s): Gary Van OsdellMike Trout Central City North Phone: (909) 663-1044 Project Area(s) Ward(s): Supporting Data Attached: 0 Staff Report 0 Resolution(s) 0 Ordinance 0 Map(s) 0 Letters/Misc. FUNDING REQUIREMENTS Amount: $ N/A Source: N/A N/A SIGNATURE: COMMISSION MEETING AGENDA Meeting Date: 07/19/2004 Agenda Item Number: Ii' -..J' fl- P:\AgendQ\Comm Dev ColMliSBion\CDC 2004\04-67-19 ern PH SR.doc IF NO WRITTEN OBJECTIONS ARE PRESENTED MOTION B: THAT THE PUBLIC HEARING BE CLOSED; THAT SAID RESOLUTION BE ADOPTED AND THAT SAID ORDINANCE BE LAID OVER FOR FINAL ADOPTION. RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AS A RESPONSffiLE AGENCY UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS, AND MAKING FINDINGS THAT A FINAL PROGRAM ENVIRONMENTAL IMPACT REPORT, AND THE MITIGATION MONITORING PLAN FOR THE REINSTATEMENT OF EMINENT DOMAIN POWERS IN THE REDEVELOPMENT PROJECT AREAS OF THE UPTOWN REDEVELOPMENT PROJECT AND THE CENTRAL CITY NORTH REDEVELOPMENT PROJECT FULLY AND ADEQUATELY ADDRESS THE POTENTIAL ENVIRONMENTAL EFFECTS OF THE APPROVAL BY THE COMMISSION OF SUCH REDEVELOPMENT PLAN AMENDMENTS. RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, MAKING FINDINGS REGARDING CONDITIONS OF BLIGHT IN THE REDEVELOPMENT PROJECT AREA OF THE CENTRAL CITY NORTH REDEVELOPMENT PROJECT; APPROVING THE SECTION 33352 REPORT TO THE MAYOR AND COMMON COUNCIL ON THE 2004 AMENDED AND RESTATED REDEVELOPMENT PLAN FOR THE CENTRAL CITY NORTH REDEVELOPMENT PROJECT AND APPROVING THE 2004 AMENDED AND RESTATED EMINENT DOMAIN AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE CENTRAL CITY NORTH REDEVELOPMENT. ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ADOPTING THE 2004 AMENDED AND RESTATED REDEVELOPMENT PLAN FOR THE CENTRAL CITY NORTH REDEVELOPMENT PROJECT -------.--- ------------------ - COMMISSION MEETING AGENDA Meeting Date: 07/19/2004 Agenda Item Number: ~ P:\Agendas\Comm Dev Commission\CDC 2004\04-07-19 CCN PH SR.doc ECONOMIC DEVELOPMENT AGENCY STAFF REPORT Joint Public Hearinl!: - Central City North Redevelopment Proiect Area Plan - Amended and Restated Redevelopment Plan 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. Io 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. As a result of the Mayor and Common Council modifying the scope of the proposed plan amendment to include all properties within the Central City North Project Area, the Mayor and Common Council approved and adopted the procedures to be used for the formation of a Project Area Committee ("PAC") for the Central City North Redevelopment Project Area and calling upon the citizens of the City to participate in the PAC. 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. P:\A.gendas\Comm Dev Commission\CDC 2004\04-07-19 CCN PH SR.ooe COMMISSION MEETING AGENDA Meeting Date: 07/1912004 Agenda Item Number: (~ Economic Development Agency Staff Report Joint Public Hearing - Central City North Redevelopment Project Area Plan Amended and Restated Redevelopment Plan Page 2 On December 10, 2002, mailers were sent to residents, businesses, organizations and property owners within the Central City North Redevelopment Project Area concerning the December 18, 2002 community meeting concerning the Initial Study and input concerning the scope of the Environmental Impact Report for the Central City North Redevelopment Project Area. On December 18, 2002, Agency staff conducted a combined Uptown and Central City North Redevelopment Project Area community meeting to introduce the environmental consultant and to provide draft copies of the Initial Study which stated that since the proposed project may have a significant effect on the environment, an environmental impact report was required. On February 10, 2003, mailers were sent to residents, businesses, organizations and property owners within the Central City North Redevelopment Project Area concerning the February 20, 2003 public workshop on the proposed amendment to the Central City North Redevelopment Project Area Plan and PAC information meeting. Additionally, the mailer informed the residents, businesses, organizations and property owners within the Central City North Redevelopment Project Area of the PAC election on April 1, 2003 On February 20, 2003, Agency staff conducted a public information workshop to present the proposed amendment, explain the amendment process, and answer questions of the attendees. This workshop was announced by mailed notices to the property owners and site addresses in the Central City North Redevelopment Project Area. On March 12, 2003, mailers were sent to residents, businesses, organizations and property owners within the Central City North Redevelopment Project Area concerning the March 26, 2003 scoping meeting for the Environmental Impact Report for the Central City North Redevelopment Project Area informing the community of the scope of the Environmental Impact Report and take comments from the public. 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 ElR. 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 for the ElR. 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 ElR consultant, the related traffic studies that would accompany the ElR slipped past the initial deadline. This resulted in the completion and certification schedule to be increased by four months. On April 1, 2003, Agency staff conducted a PAC formation election for the purpose of creating a PAC from property owners, residences and business owners within the Central City North Project Area. However, the election did not take place due to the fact that there was not a sufficient number of PAC applications submitted. P:\Agendas\Comm Dev Commission\CDC 2004\04-07-19 CCN PH SR.doc COMMISSION MEETING AGENDA Meeting Date: 07/19/2004 Agenda Item Nnmber: If. 3:1... Economic Development Agency Staff Report Joint Public Hearing - Central City North Redevelopment Project Area Plan Amended and Restated Redevelopment Plan Page 3 Since there was not a sufficient number of PAC applicants to hold an election and due to the fact that it would be several months before there would be any documents concerning the EIR and amendment to the redevelopment plan for the PAC to review, it was determined to hold off on further action to organize a PAC until there were documents available for review. This would also allow Agency Staff more time to develop support for a PAC formation. On February 5, 2004, mailers were sent to residents, businesses, organizations and property owners within the Central City North Redevelopment Project Area concerning the February 19, 2004 PAC information meeting. Additionally, the mailer informed the residents, businesses, organizations and property owners within the Central City North Redevelopment Project Area of the PAC election on March 11,2004. On February 19, 2004, Agency Staff conduct a PAC formation meeting to explain the need and importance of a PAC. Agency Staff informed those present that being a member of the PAC and working with the PAC provides residents, businesses, organizations and property owners within the project area the opportunity to safeguard their interests and to provide input into the redevelopment process involving their neighborhoods. On March 11, 2004, Agency staff conducted the PAC formation election in which three (3) individuals were elected thereby forming a PAC for the Central City North Redevelopment Project Area. The election was over seen by the City Clerk's Office. Subsequently, the Mayor and Common Council adopted a resolution, on April 5, 2004, acknowledging the results of the Central City North PAC election. On July 7, 2004, the Central City North PAC voted to recommend to the Mayor and Common Council and the Community Development Commission to adopt the 2004 Amended and Restated Redevelopment Plan for the Central City North Redevelopment Project. CURRENT ISSUE: The Central City North Redevelopment Project was adopted in 1973. Conditions of blight which existed at the time of adoption of the Redevelopment Plan were extensive and substantial. The Redevelopment Project Area of the Central City North Redevelopment Project (the "Project Area") remains blighted today. One tool which the Agency may use to address conditions of blight in appropriate situations - the exercise of eminent domain - lapsed in the Project Area in 1998. The proposed Amendment to the Redevelopment Plan will reinstate the power of the Agency to acquire land by eminent domain to August 6, 2013. The Project Area includes deteriorated commercial frontage lots abutting either side of some of the principal streets in the center of the City. Approximately forty percent (40%) of the properties within the Project Area are for residential use and it estimated that more than 2,000 individuals may reside in the Project Area. In an older commercial area such as the Project Area where small substandard lot sizes are so prevalent, an important element of an effective program to address actual conditions of P:\Agendas\Comm Dev Commission\CDC 2004\04-07-19 CCN PH SR.doc COMMISSION MEETING AGENDA Meeting Date: 07/19/2004 Agenda Item Number: ~ Economic Development Agency Staff Report Joint Public Hearing - Central City North Redevelopment Project Area Plan Amended and Restated Redevelopment Plan Page 4 blight is the ability to assemble small parcels of land under separate ownerships into useable sites under current-day standards. The reinstatement of the condenmation power for the Agency is believed to be an important factor in addressing conditions of blight which remain in the Project Area. As long as the ability of the Agency to acquire land for specific redevelopment activities is limited to negotiated purchase, grant, exchange or other voluntary forms of sale, the potential for sustained and large scale redevelopment of the property in the Project Area involving multiple parcels of land is limited. This is especially so when existing owners and other persons who are prepared to invest new capital in the community cannot expand or acquire land of adequate size and shape for development and use under current City standards. The evidence of blight in the Project Area is readily apparent to anyone who drives along its principal streets. One striking factor of the Project Area is the relative absence of any visible new construction or rehabilitation activity though one senior housing complex has been completed and another senior housing complex is near completion. Since the time of adoption of the Redevelopment Plan in 1973 little in the way of new improvements of rehabilitation has occurred and nearly one third (1/3) of the individual lots in the Project Area are currently vacant. Many of these currently vacant lots were formerly improved with structures which over the years became so dilapidated and substandard, that the owners were compelled to remove them. The proposed Amended and Restated Redevelopment Plan will not only reinstate the Agency's power of eminent domain but also incorporates all previous amendments and current California Redevelopment Law ("CRL"). The Agency's power to acquire property by eminent domain expired in 1998. In general, the Agency has used the power of eminent domain in the past in its redevelopment project areas only in a few exceptional circumstances and for specific redevelopment project activities. The Agency has not acquired any property in the Project Area by eminent domain at any time since its adoption in 1973. Over the years, a vast majority of the land which the Agency has acquired in its various redevelopment project areas has been acquired by negotiated purchase. Since 1973, the Agency has acquired certain property in the Project Area by negotiated purchase but at this time, the Agency has not been able to assemble enough land by negotiated purchase for an effective redevelopment activity involving multiple parcels of land to deal with conditions of blight on a large scale. Under current circumstances, without eminent domain authority the Agency cannot plan for or assume that all of land which is necessary for a specific redevelopment activity will be available to the Agency under a negotiated purchase arrangement. In such a situation, the Agency cannot make realistic and feasible plans to assist owners or third parties who are prepared to eliminate blight under specific and enforceable terms involving multiple parcels of land, since the otherwise available land is not useable or new development is not economically feasible without additional land to solve specific conditions of blight. Without the reinstatement of the power of eminent domain, the range of the Agency's ability to foster redevelopment in the Project Area is greatly reduced. The California Redevelopment Law ("CRL") authorizes an Agency to reinstate the power of eminent domain after it has lapsed in a Redevelopment Project Area, if the Agency fmds that conditions of P:\Agendas\Comm Dev Commission\CDC 2004\04-07-19 CCN PH SR.doc COMMISSION MEETING AGENDA Meeting Date: 07/19/2004 Agenda Item Number: ~ J.;<, Economic Development Agency Staff Report Joint Public Hearing - Central City North Redevelopment Project Area Plan Amended and Restated Redevelopment Plan Page 5 blight still persist in the Redevelopment Project Area. Accordingly, the Agency has previously initiated certain actions to consider the adoption of the Amended and Restated Redevelopment Plan for the Central City North Redevelopment Project which reinstates the power of eminent domain to August 6, 2013. Section 33352 of the Community Redevelopment Law ("CRL") states that when the Agency submits an amendment to the redevelopment plan to the Mayor and Common Council ("Council") for adoption, the Agency must also submit a report entitled the Report to Mayor and Common Council ("Report"). For a redevelopment plan amendment, the contents of the Report are only those portions warranted by the proposed amendment. The purpose of this Report is to provide, in one document, all information, documentation, and evidence regarding the 2004 Amendment to assist the Council in its consideration and in making various findings and determinations that are legally required to adopt the 2004 Amended and Restated Redevelopment Plan for the Central City North Redevelopment Project. This report to the Council has been prepared in accordance with all requirements of Section 33457.1 and 33352 of the CRL. During the joint public hearing the Commission and Council will consider the information presented by the Agency Staff and consultants regarding the Report and the 2004 Amendment. Testimony and comments of interested members of the public will also be received. If one or more written objections are presented to the Council before or during the joint public hearing on July 19, 2004, a written response to such written objections must be prepared and considered before the 2004 Amended and Restated Redevelopment Plan for the Central City North Redevelopment Project may be adopted. By adopting the attached resolution of the Community Development Commission at the conclusion of the joint public hearing, the Commission will approve the Report and the proposed eminent domain amendment and authorize Agency Staff to transmit the Report to Mayor and Common Council and the 2004 Amended and Restated Redevelopment Plan for the Central City North Redevelopment Project to the Mayor and Common Council. ENVIRONMENTAL IMPACT: The Agency and the City of San Bernardino retained Lilburn Corporation to prepare an Initial Study to determine potential impacts related to the reinstatement of eminent domain and other entitlement actions. At their meeting of February 5, 2004 the DevelopmentJEnvironmental Review Committee (D/ERC) reviewed the Initial Study prepare for the Central City North and Uptown Redevelopment Project Area Plans, and other entitlement actions. The D/ERC concurred that the Initial Study adequately addressed the issues and determined that a Program Environmental Impact Report (ElR) would be required. The Agency and the City retained LSA Associates to prepare the ElR. The otice of Preparation was published in the San Bernardino County Sun and public agencies. The public review period for the Notice of Preparation was February 17, 2004 through March 17,2004. P:\Agendas\Comm Dev Commission\CDC 2004\04.07.19 CCN PH SR.doc COMMISSION MEETING AGENDA Meeting Date: 07/19/2004 Agenda Item Number: (~ Economic Development Agency Staff Report Joint Public Hearing - Central City North Redevelopment Project Area Plan Amended and Restated Redevelopment Plan Page 6 Upon completion of the Draft Program EIR, the Notice of Completion was published in the San Bernardino County Sun. The Draft Program EIR was made available for public review at the City of San Bernardino Development Services Department, the Feldheym Central Library, and the City of San Bernardino web site. It was also distributed to public agencies and made available to the D/ERC, Planning Commission, and Mayor and Common Council. The public review period was April 8, 2004 through May 29, 2004. Comments were received from four agencies and are included in the Final Program EIR along with staff responses. As analyzed in the Draft Program EIR, the impacts that cannot be mitigated to a level of less than significant with mitigation measures are certain air quality and traffic impact related to the development of the Mercado Santa Fe project. There are no significant impacts related to the reinstatement of eminent domain. FISCAL IMPACT: Based on contracts entered into with consultants for this amendment, the costs will total $132,986. Funds for this activity have been budgeted and approved. RECOMMENDATION: That the Community Development Commission and Mayor and Common Council adopt either Motion A or Motion B. EXHIBITS: I. Staff Report 2. Redevelopment Project Area Map 3. Report to the Mayor and Common Council 4. Amended and Restated Plan for the Central City North Redevelopment Project 5. Final Program Environmental Impact Report ("PEIR") 6. Copies of Written Comments to PEIR received by May 29,2004 7. Certification of Mailing and Copy of Newsletters 8. Certification of Newspaper Notice and Copy of Notice 9. Project Area Committee Report and Minutes 10. Resolution of the Community Development Commission II. Resolution of the Community Development Commission 12. Ordinance of the Mayor and Common Council P:\Agendas\Comrn Dev Commission\CDC 2004\04-07-19 CCN PH SR.doc COMMISSION MEETING AGENDA Meeting Date: 07/19/2004 Agenda Item Number: I'fJ..::< RESOLUTION NO. 2 3 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AS A RESPONSIBLE AGENCY UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS, AND MAKING FINDINGS THAT A FINAL PROGRAM ENVIRONMENTAL IMPACT REPORT, AND THE MITIGATION MONITORING PLAN FOR THE REINSTATEMENT OF EMINENT DOMAIN POWERS IN THE REDEVELOPMENT PROJECT AREAS OF THE UPTOWN REDEVELOPMENT PROJECT AND THE CENTRAL CITY NORTH REDEVELOPMENT PROJECT FULLY AND ADEQUATELY ADDRESS THE POTENTIAL ENVIRONMENTAL EFFECTS OF THE APPROVAL BY THE COMMISSION OF SUCH REDEVELOPMENT PLAN AMENDMENTS 4 5 6 7 8 9 10 11 WHEREAS, the Mayor and Common Council of the City of San Bernardino (the 12 "Common Council") has previously taken certain actions in coordination with the Community 13 Development Commission of the City of San Bernardino (the "Commission") as relates to a proposed reinstatement of the eminent domain powers of the Redevelopment Agency of the City of San Bernardino (the "Agency") within two (2) separate redevelopment project areas of the Agency known as: (i) the Uptown Redevelopment Project and (ii) the Central City North 14 15 16 17 Redevelopment Project, in order that the Agency may undertake programs to eliminate and prevent the spread of blight in each of these redevelopment project areas; and WHEREAS, the Redevelopment Plan for the Central City North Redevelopment Project (the "Central City North Redevelopment Plan") was approved by the Common Council Ordinance No. 3366 in 1973, and the Redevelopment Plan for the Uptown Redevelopment Project (the "Uptown Redevelopment Plan") was approved by Common Council Ordinance No. MC-527 in 1986, and the condemnation powers of the Agency under the Central City North Redevelopment Plan expired in 1998 and the condemnation powers of the Agency under the Uptown Redevelopment Plan also expired in 1998; and 18 19 20 21 22 23 24 25 -1- P:\Apnd..\Resolntlona\Reloludoas\1004\04-07-lt Uptowa CCN Eav CDC Reso.doc 1 WHEREAS, the City of San Bernardino (the "City") in consultation with the Agency, 2 has also taken action to consider certain changes in the land use element of the City General 3 Plan, as adopted by Common Council Resolution No. 89-15, in order to compliment the 4 potential redevelopment and use of certain lands in a portion of the redevelopment project area 5 of the Uptown Redevelopment Project (the "Uptown Project Area") referred to as "Uptown Subarea B", and specifically within Uptown Subarea B the lands which are also affected by the proposed changes in the land use element of the City General Plan are described as a two block area bounded by 1-215 on the east, "K" Street on the west, 3rd Street on the north, and 2nd Street on the south, and the potential vacation of "I" Street and Kendall Avenue within this two 6 7 8 9 10 block area which such General Plan amendment also contemplates; and 11 WHEREAS, the Common Council and the Commission have previously called upon the 12 residents, property owners, businesses and community organizations within the Uptown Project Area and the redevelopment project area of the Central City North Redevelopment Project (the 13 14 "CCN Project Area") to form project area committees for each such redevelopment project area, in order for interested residents, business owners and property owners to consider the potential 15 effect of the reinstatement of the Agency's power to acquire land within each such 16 redevelopment project area and to submit a report and recommendation to the Common Council and the Commission relating to reinstatement of the eminent domain powers of the Agency in 17 18 each such redevelopment project area and the implementation by the Agency of program to 19 eliminate blight in each such redevelopment project area which programs may include the 20 acquisition of property by the Agency using the power of eminent domain; and WHEREAS, during calendar year 2003, an Initial Study was prepared under the provisions of the California Environmental Quality Act ("CEQA") which evaluated the 21 22 23 potential effect on the environment of the reinstatement of the eminent domain powers of the 24 Agency in the CCN Project Area and the Uptown Project Area and the potential effect on the environment of an amendment to the land use element of the City General Plan relating to a 25 -2- P:\Agcndu\Raolllflonl\Raolutlonl\2004\04-07-1!J VptoWII CCN E.v CDC Reso.doc 1 portion of Uptown Subarea B and the potential development of an Agency-sponsored redevelopment program to remedy certain conditions of blight in Uptown Subarea B referred to 2 3 as the "Mercado Santa Fe Project"; and 4 WHEREAS, a notice of intent to prepare an environmental impact report was issued in 5 March 2003 relating to the proposed amendment of the Uptown Redevelopment Plan and the Central City North Redevelopment Plan, the Mercado Santa Fe Project and an amendment to the land use element ofthe General Plan; and 6 7 8 WHEREAS, in the months following March 2003, the completion of the preparation of 9 a draft of an environmental impact report document for the reinstatement of the powers of eminent domain in each of the redevelopment project areas was deferred as certain refinements 10 11 of the Mercado Santa Fe Project were considered, and subsequently, on February 5, 2004, the Environmental Review Committee of the City determined that the environmental study of the reinstatement of the power of eminent domain in the two (2) redevelopment project areas and 12 13 14 the associated redevelopment activities relating to such reinstatement of the power of eminent domain in each such redevelopment project areas as described below as the "Project" for 15 purposes of compliance with CEQA, warranted the preparation of a Program Environmental Impact Report (a "Draft EIR") where the elements of the Project include the following: 16 17 . reinstatement of the Agency's power of eminent domain to acquire land in the 18 Uptown Project Area and the CCN Project Area (this reinstated power of eminent domain to be accomplished by written amendment to the text of each redevelopment plan); 19 20 . rescission of special and development regulations contained in the Central City 21 North Redevelopment Plan and the amendment of this redevelopment plan to conform to current Community Redevelopment Law relating to relocation of displaced persons and businesses and affordable housing and to require that all new development in the CCN Project Area conform with the City's General Plan, zoning and development regulations as currently in 22 23 24 25 effect or hereafter modified or amended (the rescission of such special development regulations to be accomplished by a restatement of certain provisions of the Central City North -3- r:\Aletldu\ResolutlODI\Resolutlom\1004\04-07-I' Uptown CCN EDV CDC Reso.doe Redevelopment Plan to conform with the City's General Plan, zomng and development 2 regulations currently in effect or hereafter modified or amended); 3 a General Plan Amendment affecting approximately 19.02 acres within a portion . 4 of Uptown Subarea B bounded by 3rd and 2nd Streets and between "K" Street and 1-215 from "IL" (Light Industrial) to "CG-l" (General Commercial), and such General Plan Amendment is identified as General Plan Amendment No. 04-02; 5 6 7 . analysis of a future retail development project within Uptown Subarea B. This 8 development is proposed for approximately 9.2 acres of land generally situated to the south of 3rd Street and is referred to by the City and the Agency as the Mercado Santa Fe Project. For the purpose of CEQA analysis, the proposed retail development concept assumes approximately 96,241 square feet of retail use and is based on the on-site vehicle parking standard of 4 spaces 9 10 11 12 per 1,000 square feet of retail use, the proposed use requires a minimum of 385 on-site vehicle parking spaces. The Mercado Santa Fe Project as proposed provides approximately 440 parking 13 spaces. 14 15 Collectively, the potential environmental effects of the elements of the Project (the proposed redevelopment and related activities generally described in the four (4) subparagraphs preceding this sentence) is, for the purposes of the indicated analysis under CEQA, described in 16 17 this Resolution as the "Project"; and 18 WHEREAS, the City conducted a public scoping meeting to solicit public comments on the preparation of the Draft Program Environmental Impact Report (the "Draft EIR") for the 19 20 Project; and 21 WHEREAS, the 2003 Initial Study was updated and the March 2003 notice of 22 preparation was updated and revised as the Notice of Preparation of the City to prepare a Draft EIR for the Project, and was published and circulated to the public, responsible agencies and other interested persons from February 17, 2004 through March 17, 2004, as required by 23 24 25 CEQA;and -4- P:\AJ:eudu\ResoluC:lolll\ResotuUom\2l104\D4-07-19 Uptown CCN Eav CDC Reso.doe 1 WHEREAS, the text of the Draft EIR (including all appendices) was made available to 2 the public, responsible agencies and other interested persons for their review and comment 3 between April 8, 2004 through May 29, 2004 as required by CEQA; and 4 WHEREAS, verbal and written comments were received on the Draft EIR; and WHEREAS, these comments were responded to both orally and in writing as required by CEQA and the Final Environmental Impact Report document (State Clearinghouse No. 2003031072), dated June 15,2004 (the "Final EIR") has been prepared and transmitted to each 5 6 7 8 responsible agency which submitted comments to the Draft EIR; and WHEREAS, the Commission conducted two (2) noticed joint public hearings on July 19,2004, with the Common Council as relate to the Project and the Final EIR with the first such joint public hearing held in connection with the amendment of the Uptown Redevelopment Plan and the certification of the Final EIR and second joint public hearing held in connection with the amendment of the Central City North Redevelopment Plan and the certification of the Final EIR, and during the course of each such joint public hearing conducted on July 19, 2004, the 9 10 11 12 13 14 15 Commission fully reviewed and considered the Final EIR, the Mitigation Monitoring Plan, the Planning Division staff reports and the recommendations of the Planning Commission as relate to the Project and the Final EIR and drafted its own Facts and Findings and Statement of 16 17 Overriding Considerations base upon its review such documents. 18 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS FOLLOWS: 19 20 21 Section 1. In connection with the consideration by the Commission of the 22 amendment of the Uptown Redevelopment Plan to reinstate the Agency's power of eminent domain in the Uptown Project Area and the amendment and reinstatement of the Central City North Redevelopment Plan to reinstate the Agency's power of eminent domain in the CCN Project Area, the Commission conducted the following public hearings on July 19, 2004: 23 24 25 -5- P:\Arendu\RaoJutlo...\R.e.eludona\1004\04-01-t9 UptOWll CCN Ellv CDC Reso.doe 1 a joint public hearing with the Common Council to consider an amendment of (i) 2 the Uptown Redevelopment Plan to reinstate the eminent domain power of the Agency in the 3 Uptown Project Area and the potential implementation with the assistance of the Agency of the 4 Mercado Santa Fe Project in Uptown Subarea B and the potential environmental effects of these 5 actions as set forth in the Final EIR; and 6 (ii) a joint public hearing with the Common Council to consider an amendment of 7 the Central City North Redevelopment Plan to reinstate the eminent domain power of the Agency in the CCN Project Area and the restatement and amendment ofthe Central City North 8 9 Redevelopment Plan to rescind the special development regulations contained in such 1973 redevelopment plan and to conform the provisions of such 1973 redevelopment plan to the current-day Community Redevelopment Law relating to relocation of displaced persons and businesses and affordable housing and to require that all new development in the CCN Project Area conform with the City's General Plan, zoning and development regulations currently in effect and the potential environmental effects of these actions as set forth in the Final EIR. During the course of the joint public hearings identified above, the Commission received and considered all written comments previously received and all oral comments submitted by interested persons relating to the Project and the Final EIR. The Commission hereby finds that the conduct of these public hearings was full and fair and that the Commission has fully considered the potential effect on the environment of the Project. The Final EIR in the form as submitted to the Commission upon the conclusion of these joint public hearings is hereby acknowledged and declared to be the Final EIR for the Project. 10 11 12 13 14 15 16 17 18 19 20 21 The Final EIR (State Clearinghouse No. 2003031072) is a "program Section 2. 22 environmental impact report" as this term is defined under CEQA Guidelines Section 15168, for 23 the Project. The Final EIR for the Project, includes consideration of the potential environmental 24 effects of the development of the Mercado Santa Fe Project and General Plan Amendment No. 25 04-02, and the Final EIR has been prepared and considered in compliance with CEQA. The -6- P:\Aaendu\Relolutloa.\ReIolutloDl\z004\D4-(I7-19 Uptown CCN Env CDC ReIo.doc: 1 Final EIR (including the text of the Draft ErR, all technical appendices, the Mitigation 2 Monitoring Plan, the Facts and Findings and Statement of Overriding Consideration) and all the 3 notices, with comments and staff reports related thereto are on file with the City Clerk's Office. 4 Section 3. The purpose of this Resolution is to evidence the actions of the 5 Commission as a "responsible agency" under CEQA in approving the amendments to the 6 Central City North Project Plan and the Uptown Project Plan. Pursuant to CEQA Guidelines Sections 15050 and 15096 the Commission as a "responsible agency" shall consider and certify the lead agency's ErR prior to approving a project, including providing findings supported by substantial evidence in the record related to substantial environmental effects the project will 7 8 9 10 have on the environment and a statement of overriding considerations addressing the environmental impacts which are not avoidable and cannot be substantially lessened as a result 11 12 of the project. The Final ErR was presented to the Common Council as the "lead agency" and the Commission as the "responsible agency" for the Project under CEQA, and the Commission 13 14 has reviewed and considered the information in the Final EIR prior to the adoption by the Commission of an amendment to the Uptown Project Plan reinstating the Agency's eminent domain power in the Uptown Project Area, and prior to the adoption by the Commission of an amendment to the Central City North Project Plan reinstating the Agency's eminent domain power in the CCN Project Area as well as the related rescission of the special land development regulations and the reinstatement of the Central City North Redevelopment Plan to conform to current City General Plan, zoning and development regulations and current day provisions of 15 16 17 18 19 20 Community Redevelopment Law relocation and affordable housing standards. The 21 Commission has adopted Facts and Findings and a Statement of Overriding Considerations as part of its certification of the Final ErR and approval and adoption of the Mitigation Monitoring Plan for the Project. 22 23 24 Section 4. The Commission hereby finds that: 25 (I) the Final EIR has identified all significant environmental effects of the Project, including the potential development of the Mercado Santa Fe Project. -7- P:\AgeDdu\Resollltlolll\Raoludon.\2004\04-G7-19 Uptown CCN Env CDC Rao.doe 1 the Final ErR identifies certain significant environmental effects that would (2) 2 result but which significant effects can be mitigated to a level of less than significant provided that the applicants and owners of land who may undertake the development of the Mercado Santa Fe Project (if it occurs), and other future development within the portion of Uptown Subarea B affected by General Plan Amendment No. 02-04 (if such development occurs) 3 4 5 6 undertake feasible environmental impact mitigation measures as set forth in the Mitigation 7 Monitoring Plan for the Final ErR to reduce or eliminate such potential impacts to a level which 8 is less than significant. The Mitigation Monitoring Plan and all information contained therein is 9 included in the Final ErR and incorporated herein by reference. The basis on which the 10 Commission finds that such potentially significant environmental effects of the Project have 11 been or shall be mitigated to a level which is less than significant is set forth in the Facts and Findings and Statement of Overriding Considerations of the Project. The Facts and Findings and Statement of Overriding Considerations for the Project is attached as Attachment "A" and 12 13 incorporated in this Resolution by this reference. 14 (3) the Final ErR concludes that despite the implementation of feasible mitigation 15 measures to lessen the potential impact of certain effects of the Project on the environment, that 16 in three (3) areas of environmental concern under CEQA, the potential effects on the environment of the Project cannot be fully mitigated or reduced to a level which is less than 17 18 significant. These areas are identified as follows: 19 (i) temporary construction activities of the Mercado Santa Fe Project (dust and 20 construction vehicle exhaust) - although the Final EIR sets forth mitigation measures which are 21 estimated to reduce the potential impacts by 50% the remaining effect, even after the implementation of the feasible mitigation measures identified in the Final EIR is still significant in the case of temporary construction activity impacts of the Mercado Santa Fe Project in 22 23 24 Uptown Subarea B; 25 /II -8- P;\Agelldu\Raolado.l\RaoIutIonl\2004\1)4..(17-19 UptoWII CCN EllV CDC Reso.doc 1 (ii) the Long-Term Regional Air Quality Impacts or the air emissions (stationary 2 source plus mobile/traffic source) of the Mercado Santa Fe Project and General Plan 3 Amendment No. 04-02 are forecast in the Final EIR exceed the thresholds for significant effect 4 established by the SCAQMD. However, there are no mitigation measures currently available to 5 reduce emissions from mobile sources, and as a consequence, the long-term air quality impacts 6 ofthe Project remain significant and unavoidable; 7 (iii) Year 2008 Freeway Segment Conditions and Year 2025 Freeway Segment 8 Conditions are both indicated in the Final EIR to be operating at unsatisfactory conditions, and 9 the Project will contribute to such adverse conditions in the year 2008 and in the Year 2025 under the traffic impact generation models considered in the Final EIR. Although certain 10 11 mitigation measures could be implemented in the case of the freeway segment conditions to 12 improve the operation of the freeway segments to an acceptable level of serve (or a non- significant impact on the environment for both 2008 and 2025), the mitigation measures 13 identified in the Final EIR are not within the jurisdiction of the Commission to implement. 14 Caltrans has jurisdiction for providing for capital improvements to the indicated freeway segments, and at the present time Caltrans has not formulated any mechanism for proponents of the Project (in particular the Mercado Santa Fe Project and the owners of land benefited by General Plan Amendment No. 04-02) to pay fees or make other fair share contributions to 15 16 17 18 improve mainline freeway segments to so eliminate the adverse impact of the development of such land on the operation of the freeway segments. Potential mitigation measures or other project alternatives relating to the three (3) 19 20 21 unavoidable significant impacts of the Project as generally identified in this Section IV.E., were 22 not incorporated into or adopted as part of the Project, as the mitigation of these impacts is regarded as infeasible and not economically or socially viable based on specific economic, social, or other considerations as set forth in the Facts and Findings and Statement of Overriding 23 24 25 Considerations. -9- P:\AlendH\ResoludoBI\ResolutloDs\IOO4\04.m.19 Uptown CCN E"v CDC Reso.doe 1 the Commission has given great weight to the significant unavoidable adverse (4) 2 environmental impacts of the Project. Nevertheless, for the reasons set forth in the Facts and 3 Findings and Statement of Overriding Considerations the Commission hereby finds and determines that the significant unavoidable adverse impacts of the Project are clearly outweighed by the elimination of blight which affects each of the redevelopment project areas and the economic, social, cultural and other benefits to the community which shall be realized by the Project, including the potential development of the Mercado Santa Fe Project, the 4 5 6 7 8 redevelopment of the lands affected by General Plan Amendment No. 04-02, as set forth in the Facts and Findings and Statement of Overriding Considerations, which is hereby adopted and approved by the Commission as the responsible agency under CEQA for implementing certain aspects of the Proj ect. (5) the fmdings contained in the Facts and Findings and Statement of Overriding Considerations with respect to the significant environmental impacts of the Project identified in 9 10 11 12 13 14 the Final EIR are true and correct, and are based upon substantial evidence in the record, including documents comprising the Final EIR. (6) the Final EIR, Mitigation Monitoring Plan, and the Facts and Findings and Statement of Overriding Considerations reflect the independent review, analysis and judgment ofthe Agency and the Commission. 15 16 17 18 Section 5. The Facts and Findings and Statement of Overriding Considerations are 19 approved and adopted; the Final Program Environmental Impact Report is certified; and the 20 Mitigation Monitoring Plan is approved and adopted. Furthermore, pursuant to CEQA 21 Guidelines Section 15097 the Commission ensures that the Agency shall comply with the 22 requirements of the Mitigation and Monitoring Program, including the submission of any 23 necessary reports during (i) all condemnation proceedings initiated by the Agency on land lying within the CCN Project Area or the Uptown Project Area; (ii) the construction of the Mercado Santa Fe Project if assistance is granted by the Agency; and, (iii) any redevelopment 24 25 -10- P:\Agendu\RaoludoDI~""doDl\1004\lM-01-19 Uptown CCN Env CDC ReIo.doc 1 project lying within the land affected by General Plan Amendment No. 04-02 to which the 2 Agency grants assistance. 3 Section 6. The Executive Director of the Agency is hereby directed, in cooperation 8 with the City Planning Division, to file a Notice of Determination with the County of San Bernardino Clerk of the Board of Supervisors certifying the Commission's compliance, as a responsible agency under CEQA in reviewing and approving the Final Program Environmental Impact Report for the Project, including the adoption of the Facts and Findings and Statement of Overriding Considerations and the approval of the Mitigation Monitoring Plan. A copy of such Notice of Determination shall be forwarded to the State Clearinghouse. The Resolution shall become effective immediately upon its adoption. 4 5 6 7 9 Section 7. 10 III 11 III 12 III 13 III 14 III 15 III 16 III 17 III 18 III 19 III 20 III 21 III 22 III 23 III 24 III 25 III -11- P:\Alelldu\Relolutlom\Rnolutioo.\1004\04-07-t9 Uptown CCN Env eDC Reao.doc 2 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AS A RESPONSmLE AGENCY UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS, AND MAKING FINDINGS THAT A FINAL PROGRAM ENVIRONMENTAL IMPACT REPORT, AND THE MITIGATION MONITORING PLAN FOR THE REINSTATEMENT OF EMINENT DOMAIN POWERS IN THE REDEVELOPMENT PROJECT AREAS OF THE UPTOWN REDEVELOPMENT PROJECT AND THE CENTRAL CITY NORTH REDEVELOPMENT PROJECT FULLY AND ADEQUATELY ADDRESS THE POTENTIAL ENVIRONMENTAL EFFECTS OF THE APPROVAL BY THE COMMISSION OF SUCH REDEVELOPMENT PLAN AMENDMENTS 3 4 5 6 7 8 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the 9 10 Community Development Commission of the City of San Bernardino at a meeting 11 thereof, held on the day of , 2004, by the following vote to wit: Commission Members: Aves Navs Abstain Absent 12 13 ESTRADA LONGVlLLE MCGINNIS DERRY 14 15 16 KELLEY 17 JOHNSON 18 MC CAMMACK 19 Secretary 20 day of ,2004. The foregoing resolution is hereby approved this 21 22 Judith Valles, Chairperson Community Development Commission of the City of San Bernardino 23 Approved form and Legal Content: 24 25 By: -12- P:\Acflldu\RellolutloJlll\Resollldoul\1004\04-07-t' UplOWD CCN Eav CDC Reso.doe ATTACHMENT "A" Community Development Commission of the City of San Bernardino as a Responsible Agency under the California Environmental Quality Act Facts and Findings and Statement of Overriding Considerations for the Final Environmental Impact Report for the Uptown/Central City North Redevelopment Project Area 2004 Eminent Domain Amendments (State Clearinghouse #2003031072) I. INTRODUCTION The Community Development Commission of the City of San Bernardino (the "Commission") as a responsible agency under the California Environmental Quality Act in approving and certifying the Final Program Environmental Impact Report adopted by the Mayor and Common Council of the City of San Bernardino (the "Common Council") (the "Final EIR") for the Uptown/Central City North Redevelopment Project Area 2004 Eminent Domain Amendments presents the facts and makes the findings described below and adopts the Statement of Overriding Considerations presented at the end of these Facts and Findings. The "Project" under consideration for purposes of the Commission's discretionary action is: The reinstatement of the powers of eminent domain in the two (2) redevelopment project areas and the associated redevelopment activities described below for purposes of compliance with CEQA, where the elements of the Project included the following: . reinstatement of the Redevelopment Agency of the City of San Bernardino's (the "Agency") power of eminent domain to acquire land in the Uptown Project Area and the Central City North ("CCN") Project Area (this reinstated power of eminent domain to be accomplished by written amendment to the text of each redevelopment plan); . rescission of special and development regulations contained in the Redevelopment Plan for the CCN Redevelopment Project and the amendment of this redevelopment plan to conform to current Community Redevelopment Law relating to relocation and affordable housing and to require that all new development in the CCN Project Area conform with the City's General Plan, zoning and development regulations currently in effect (the rescission of such special development regulations to be accomplished by a restatement of certain provisions of the Redevelopment Plan for the CCN Redevelopment Project to conform with the City's General Plan, zoning and development regulations currently in effect); and . a General Plan Amendment affecting approximately 19.02 acres within a portion of Subarea B of CCN Uptown Project Area (bounded by 3rd and 2nd Streets and between "K" Street and 1-215) from "IL" (Light Industrial) to "CG-l" (General Commercial) and the General Plan Amendment is identified as General Plan Amendment No. 04-02; . analysis of the Mercado Santa Fe Project within Subarea B of the Uptown Project Area, proposed for 9.2 acres south of 3rd Street. For the purpose of CEQA analysis, the proposed retail development concept assumes approximately 96,241 square feet ofretail I P:\Agendas\Conm Oev Commission\CDC 2004\04.07~19 Uptown CCN Statement orOverriding Considerations.doc use and is based on on-site vehicle parking standard of 4 spaces for 1,000 square feet of retail use, the proposed use requires a minimum of 385 on-site vehicle parking spaces. The Mercado Santa Fe Project as proposed provides approximately 440 parking spaces. Collectively, the potential environmental effects of the elements of the proposed redevelopment and related activities for the purposes of the indicated analysis under the California Environmental Quality Act ("CEQA"), is described in this Resolution as the "Project". II. PROJECT SUMMARY A. PROJECT DESCRIPTION The Project includes the following elements: . reinstatement of the Agency's power of eminent domain to acquire land in the Uptown Project Area and the CCN Project Area (this reinstated power of eminent domain to be accomplished by written amendment to the text of each redevelopment plan); . rescission of special and development regulations contained in the Redevelopment Plan for the CCN Redevelopment Project and the amendment of this redevelopment plan to conform to current Community Redevelopment Law relating to relocation and affordable housing and to require that all new development in the CCN Project Area conform with the City's General Plan, zoning and development regulations currently in effect (the rescission of such special development regulations to be accomplished by a restatement of certain provisions of the Redevelopment Plan for the CCN Redevelopment Project to conform with the City's General Plan, zoning and development regulations currently in effect); . General Plan Amendment No. 04-02 affecting approximately 19.02 acres within a portion of Subarea B of Uptown Project Area (bounded by 3rd and 2nd Streets and between "K" Street and 1-215) from "II.." (Light Industrial) to "CG-I" (General Commercial; and . analysis of the Mercado Santa Fe Project within Subarea B of the Uptown Project Area. This development is proposed for 9.2 acres south of 3rd Street and is commonly referred to as the Mercado Santa Fe. The Project affects three (3) areas located in the central portion ofthe City. The Uptown Project Area includes two (2) of these areas which are referred to as Uptown Subarea A and Uptown Subarea B. Uptown Subarea A is located along Highland Avenue and Baseline Street from Interstate 215 (1-215) on the west to Waterman Avenue on the east and along "E" Street from Highland Avenue on the north to Eighth Street on the south. Uptown Subarea A includes approximately 348 acres of land. Uptown Subarea B is bounded by the Santa Fe Railroad yard to the north, Rialto Avenue and King Street on the south, 1-215 on the east, and Mount Vernon on the west. Uptown Subarea B includes approximately 84 acres of land. The CCN Project Area is bounded by Eighth Street on the north, Fourth and Court Streets on the south, Arrowhead 2 P:\Agendas\Comm Dc:v Commission\CDC 2004\04..()7.19 Uptown CCN Statement orOverridins Considerations.doc Avenue on the east, and 1-215 on the west. The CCN Project Area includes approximately 278 acres ofland. B. PROJECT OBJECTIVES The objective of the Project is to sustain the redevelopment programs and goals of two (2) established redevelopment plans of the Agency: (i) the Redevelopment Plan for the CCN Redevelopment Project; and (ii) the Redevelopment Plan for the Uptown Redevelopment Project. The goals of these two (2) redevelopment plans are summarized at Final EIR (D) 3-6 through 3-7. The reinstatement of the power of eminent domain will promote the efforts of the Agency to eliminate and prevent the spread of blight by further enhancing the Agency's ability to promote redevelopment in both Project Areas by attracting public and private development. Further, the reinstatement of the power of eminent domain in the case of the Uptown Redevelopment Project may result in a specific redevelopment implementation activity being able to move forward in Uptown Subarea B, (i.e., the Mercado Santa Fe Project). In addition, the City is also proposing an amendment to the land use element of the General Plan, affecting an approximately 19 acre portion of Uptown Subarea B in order to encourage and foster economic reuse and redevelopment of this area in light of current conditions, and the proposed freeway improvement of nearby segments ofI-21S. Apart from the potential redevelopment of the Mercado Santa Fe Project, currently no other redevelopment implementation activities are planned at the time of certification of the Final EIR in either the Uptown Project Area or in the CCN Project Area which may require the use by the Agency of the power of eminent domain as part of the land assembly program to assist either an owner participant or a third party developer to redevelop blighted areas within either Project Area. However, the reinstatement of the power of eminent domain will enable the Agency, to promote further redevelopment by giving the Agency (and ultimately a third party developer/owner participant) a greater ability to acquire property for the effective redevelopment and elimination of blight within these two Project Areas. m. ENVIRONMENTAL REVIEW AND PUBLIC PARTICIPATION The City conducted the environmental review of the Project as follows: . an initial study was prepared for the proposed project in March 2003 and based upon this March 2003 initial study it was determined that preparation of an environmental impact report for the proposed Project was indicated; . a notice of preparation for an environmental impact report for the proposed Project was prepared and circulated to the State Clearinghouse, responsible agencies and other interested persons on March 14,2003; . subsequent to the close of the comment period on April 14, 2003, for the March 14, 2003 notice of preparation, the City refined the original initial study for the proposed Project 3 P:\Agau1as\Comm Dev Coamission\CDC 2004\04-07-19 Uptown CCN Statement of Overriding Consideratiol'lll.doc and the City redistributed an updated and revised Initial Study and Notice of Preparation to the State Clearinghouse, responsible agencies and interested persons for a second 30- day comment period for the environmental impact report from February 18, 2004 to March 18,2004. . a public scoping meeting was held on March 26, 2004, to give the public the opportunity to provide comments as related to the proposed Project and the issues the public would like addressed in the Draft EIR. . a Draft EIR was distributed for public review on April 8, 2004, for the 45-day review period with the review period ending on May 24, 2004. Four comment letters were received before the close of the public review period. The specific responses to the written comments are in the Final EIR: 3-1 through 3-14. . the Final EIR was distributed for a 10-day notification period beginning on June IS, 2004. . on June 22, 2004, the City Planning Commission held a noticed public hearing on the Project. . on July 19, 2004, the Common Council conducted a noticed joint public hearing with the Commission to consider the approval of an Amendment to the Redevelopment Plan for the Uptown Redevelopment Project (Reinstatement of Eminent Domain) of an Amended and Restated Redevelopment Plan for the Central City North Redevelopment Project and certified the Final EIR. A. INDEPENDENT JUDGMENT FINDING The City retained LSA Associates, Inc., to assist with the preparation of the Draft EIR and Final EIR. The Draft EIR and the Final EIR were prepared under the direction and supervision of the City, Development Services Department, Planning Division. The Final EIR includes the documents, reports, technical appendices, correspondence, notices, minutes of public scoping meetings and related materials described in Final EIR 1-1. The Final EIR is on file with the City Clerk and is available for inspection and copying as a public record of the City by interested persons during the regular business hours of the City Clerk. The Agency participated and cooperated with the City in the review and commenting process during the EIR preparation. Finding: The Final EIR reflects the Commission's independent judgment and analysis. The Commission has considered the contents of the Final EIR prior to the approval of the Project. The Commission has exercised its independent judgment in reviewing and considering the contents of the Final EIR in accordance with CEQA Guidelines Section 15096(d). B. FINDINGS ON THE FINAL EIR Finding: The Commission hereby declares that the Final EIR has identified and discussed significant effects which may occur as a result of the Project. With the implementation of the 4 P:\Agendas\Cmnm Dev Comrnission\CDC 2004\04-07-19 Uptown CCN Statement of Overriding Considerations.doe mitigation measures discussed in the Final EIR, these effects can be mitigated to a level of less than significance as set forth in Section ill.F. However, there are certain other significant effects which either cannot be fully mitigated or for which no feasible or practical mitigation currently exist, and these unavoidable significant impacts are discussed in Section ill.G of these Findings. C. GENERAL FINDING ON MITIGATION MEASURES The Commission has reviewed the mitigation measures applicable to the Project set forth in the Mitigation Monitoring Plan and adopted by the City, as the "lead agency". Findings: The Commission hereby fmds that the mitigation measures summarized in the Mitigation Monitoring Plan shall reduce all potential significant impacts of the Project to a level of less than significant, except as set forth in Section ill.G. The Commission hereby adopts all mitigation measures recommended in the Final EIR. The Commission hereby adopts the Mitigation Monitoring Plan for the Project in the form as submitted to the Commission at the joint public hearings when the Final EIR was considered. If a mitigation measure identified in the Final EIR has, through error, been omitted from the Mitigation Monitoring Plan from these Findings, or that measure is not specifically reflected in these Findings, that mitigation measure shall be deemed to be adopted pursuant to this paragraph. D. ENVIRONMENTAL IMPACTS AND FINDINGS The detailed analysis of potential environmental impacts and proposed mitigation measures for the Project presented in Final EIR: (0)1-1 through 1-5 and 4.1 through 4.6, inclusive. Responses to comments and any revisions or omissions to the Draft EIR are provided in the Final EIR: 3-1 through 3-14. The Final EIR evaluated two (2) major environmental categories (transportation/circulation and air quality) for potential significant adverse impacts, including cumulative impacts. Both project-specific and cumulative impacts were evaluated. Of these two (2) environmental categories, the Commission concurs with the conclusions in the Final EIR that with respect to all except the issues considered in Section ill.G., that all of the other issues and sub-issues discussed in these Findings can be mitigated below a significant impact threshold and for those issues which cannot be mitigated below a level of significance (See Section ill.G.), overriding considerations exist which make impacts acceptable. In addition to the two (2) major environmental categories addressed in the Final EIR, four (4) other major categories were found to be non-significant in the Initial Study prepared by the Project. The Commission concurs with the conclusions on these categories as outlined in the Initial Study (Appendix A of the Draft EIR) and fmds that no significant impacts have been identified as to those categories identified in the Initial Study and no further analysis is required. E. IMPACTS IDENTIFIED IN THE FINAL EIR AS LESS THAN SIGNIFICANT REQUIRING NO MITIGATION Certain effects for the Project were found not to be significant and were identified as such in the initial study for the Project. The basis on which the effects of the Project found to be less than potentially significant were set forth in summary in the Final EIR. These less than potentially 5 P:\Agendas\Co1llll1 Dev Commission\COC 2004\04-07-19 Uptown CCN StalefD,:n1 ofOvcniding Considerations.doc significant effects of the Project are the following the reasons set forth in the Final EIR: (0)2-5 through 2-14: Agricultural Resources; Biological Resources; Energy and Mineral Resources; Hazards; HydrologylW ater Resources; Population and Housing; Public Services Public Utilities; and Recreation The following issues were identified in the Initial Study (Appendix A of the Draft EIR) as having the potential to cause significant impact and were carried forward to the Final EIR for detailed evaluation. These issues were found, either on the basis of further analysis in the Final EIR or because the identified impacts have been fully mitigated, as having no potential to cause significant impact and therefore require no project-specific mitigation. Each resource issue is identified and the potential for significant adverse environmental effects is discussed below: Aesthetics Any project initiated within the Uptown and CCN Project Areas would be subject to City- mandated development standards relative to the design, construction, and maintenance of structures, parking areas, landscaping, and site amenities. New development within the project areas adhering to City-mandated design standards may result in the construction and operation of uses that contrast with the existing scale, pattern, and aesthetic character of adjacent development. Because of the deteriorated aesthetic character currently exhibited within the Uptown and CCN Project Areas, and because any future development that may occur will be required to adhere to current City design and development standards, no significant adverse aesthetic impacts would result from either the proposed reinstatement of eminent domain or the implementation of the proposed General Plan Amendment 04-02. The planned future Mercado Santa Fe Project proposes demolition of several existing residential and commercial uses within a portion of Subarea B of the Uptown Project Area. The future construction of a retail-commercial center and the installation of public amenities and infrastructure improvements will alter the existing character of the site. The proposed retail- commercial project will be required to adhere to applicable City-mandated design guidelines and development standards. The proposed future development of the Mercado Santa Fe Project per applicable City standards would eliminate blighted conditions that are present on site, generally improving the aesthetic character of the site. Therefore, no significant adverse aesthetic impacts are anticipated to result from the development ofthe proposed future Mercado Santa Fe project. Lighting 6 P:\Agendas\Conun ~ Commission\CDC 2004\04.07.19 Uptown CCN Statement of Overriding Considerations.doc The location, amount, intensity, or direction of existing lighting sources would not be directly or immediately affected by the reinstatement of eminent domain or implementation of the proposed General Plan Amendment 04-02. As redevelopment occurs within the Uptown and CCN Project Areas, alterations to the existing lighting environment may occur. Development of the proposed future Mercado Santa Fe Project will result in the construction and operation of retail- commercial uses and may alter the amount, intensity, and/or location of lighting. The installation/operation of new lighting sources within the Uptown and CCN Project Areas would be required to adhere to the standards in the City's General Plan and the Development Code. These standards address the effect of lighting and glare and require that no new sources of light or glare be visible beyond parcel boundaries. Thus, no adverse effects would occur on neighboring properties and potentially light- sensitive uses. Furthermore, the standards require such measures as security lighting at entrances and exits to new developments, which may prove beneficial to neighboring properties. Because the design, installation, and operation of lighting sources are governed by established standards, and because adherence to such standards is required of all new development, no potentially adverse lighting impact will result from the implementation of any component of the proposed Project at this level of analysis. Cultural Resources The reinstatement of eminent domain and the proposed General Plan Amendment 04-02 will not result in direct physical changes to existing structures other than those located on the proposed retail site, which are addressed in this analysis. Redevelopment activities within the Uptown and CCN Project Areas will, however, be enabled by these actions and will occur when and where market conditions and the development and redevelopment climate are favorable. Any subsequent development activities will be required to adhere to applicable City, State, and federal regulations governing projects that may impact (either directly or indirectly) the integrity of an identified historic structure, object, site, or landmark. Subsequent project-specific historic/cultural resource investigations will be required for future development projects; consequently, no significant impacts would result from these actions. Anticipated future development of the retail center on the Mercado Santa Fe Project site will, however, necessitate the demolition of ten (10) structures, including three (3) residential structures, three (3) active commercial structures, and four (4) abandoned structures that formerly housed or supported commercial uses. In summary, visual inspection and historical research of the proposed retail project site demonstrated the presence of single- and multi-family domestic residences of Euro-American blue-collar and middle-class residents. The residences were constructed over a succession of years from about 1905 through the 19l0s, and were occupied by successions of individuals and families. The commercial properties were constructed in the 1950s. As none appear eligible for listing on the California Register, the demolition of the residences and the commercial buildings is not considered an adverse effect under CEQA guidelines. The anticipated Mercado Santa Fe Project retail center development will have no adverse effect on any potential historic properties on-site or in the immediate area. F. POTENTIALLY SIGNIFICANT IMPACTS WHICH CAN BE MITIGATED BELOW A LEVEL OF SIGNIFICANCE AND MITIGATION MEASURES 7 P:\Agend&s\Comm Dev Commission\CDC 2004\04-07.19 Uptown CCN Statement ofOvcrriding Considerations.doc Public Resources Code Section 21081 states that no public agency shall approve or carry out a project for which an environmental impact report has been completed, which identifies one or more significant effects, unless the public agency makes one or more of the following findings: 1. Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment. 2. Those changes or alterations are within the responsibility and jurisdiction of another public agency and have been, or can and should be, adopted by that other agency. 3. Specific economic, legal, social, technological, or other considerations, make infeasible the mitigation measures or alternatives identified in the Final EIR. The following issues from the environmental categories analyzed by the Final EIR were found to be potentially significant, but can be mitigated to a less than significant level, with the imposition of mitigation measures: . Air Quality, . Traffic and Circulation, . Cultural Resources and, . Noise. The Commission finds that all potentially significant impacts of the Project listed below can and will be mitigated, reduced or avoided by imposition of the mitigation measures set forth in the Final EIR and the Mitigation Monitoring Plan. Specific fmdings of the Commission for each category of such impacts are set forth in detail below: The Commission hereby finds, pursuant to Section 21081 that the following potential environmental impacts can and will be mitigated to below a level of significance, based upon the implementation of the mitigation measures set forth in the Final EIR: AIR QUALITY The development assumptions of the Project are set forth in Final EIR (D) Table 3.A. These development assumptions produce certain affects on Air Quality under the guidelines set forth by the South Coast Air Quality Management District ("SCAQMD"). These SCAQMD guidelines were applied to the assessment of Air Quality impacts of the Project. Essentially, these development impacts are associated with the amendment to the land use element of the General Plan and the Mercado Santa Fe Project. The analysis conducted in the Final EIR (Final EIR (D) 4.2-1 through 4.2-18) indicates that the Project will not have an adverse environmental effect on two (2) elements of Air Quality. These two (2) elements are referred to as "Architectural Coatings in Construction Activities" and "Long-Term Microscale (CO Hotspots) Impacts." However, the analysis of two (2) other 8 P:\Agendas\Conun Dev Conmission\CDC 2004\04-07-19 Uptown CCN Statement of Overriding Considerations.do<: elements of Air Quality in the Final EIR (Final EIR (D) 4.2-18 through 4.2-22) indicate that the Project will have certain unavoidable adverse impacts even after the implementation of mitigation measures. These two (2) elements are identified in the Final EIR as "Construction Impacts" (construction equipment exhaust and dust) and "Long-Term Regional Air Quality Impacts" (vehicle traffic effects on air quality). Air Quality/Construction Impacts (SEE ALSO SECTION III.G. SIGNIFICANT AND UNAVOIDABLE): According to the Final EIR the short-term construction impacts associated with the Mercado Santa Fe Project can be reduced if mitigation measures are implemented. However, even with the implementation of the mitigation measures identified in the Final EIR, short-term adverse effects on sensitive receptors during the course of construction of the Mercado Santa Fe Project will remain significant and unavoidable. Findings: The Commission hereby finds that the following mitigation measures shall substantially reduce the adverse effects of the short-term construction improvements, but not reduce them to a level of insignificance. All construction activities undertaken as a result of the Project shall be required to comply with regional rules that assist in reducing short-term air pollutant emissions. SCAQMD Rule 403 requires that fugitive dust be controlled with best available control measures so that the presence of such dust does not remain visible in the atmosphere beyond the property line of the emission source. In addition, SCAQMD Rule 402 requires implementation of dust suppression techniques to prevent fugitive dust from creating a nuisance off site. Applicable dust suppression techniques from Rule 403 are summarized below. Implementation of these dust suppression techniques can reduce the fugitive dust generation (and thus the PMIO component). Rule 403 Measures applicable to the proposed actions include: . apply nontoxic chemical soil stabilizers according to manufacturers' specifications to all inactive construction areas (previously graded areas inactive for 10 days or more); . water active sites at least twice daily. (Locations where grading is to occur will be thoroughly watered prior to earthmoving); . all trucks hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least two (2) feet of freeboard in accordance with the requirements of California Vehicle Code (CVe) Section 23114 (freeboard means vertical space between the top of the load and top of the trailer); . pave construction access roads at least 100 feet onto the site from the main road; and . traffic speeds on all unpaved roads shall be reduced to 15 mph or less. In addition to Rule 403 measures, the following measures shall apply to the proposed actions: 9 P:\Agendas\ConunDev Commission\CDC 2004\04-01-19 Uptown CCN Statement orOvemdina Considerations.doe . disturbed areas shall be (re )vegetated as quickly as possible; . all excavating and grading operations shall be suspended when wind speeds (as instantaneous gusts) exceed 25 mph; . all streets shall be swept once per day if visible soil materials are carried to adjacent streets (recommend water sweepers with reclaimed water); . wheel washers shall be installed where vehicles enter and exit unpaved roads onto paved roads; and . the area disturbed by clearing, grading, earthmoving, or excavation operations shall be minimized at all times. The construction contractor shall select the construction equipment used on site based on low emission factors and high energy efficiency. The construction contractor shall ensure that construction grading plans include a statement that all construction equipment will be tuned and maintained in accordance with the manufacturer's specifications. The construction contractor shall utilize electric or diesel powered equipment in lieu of gasoline powered engines where feasible. The construction contractor shall ensure that construction grading plans include a statement that work crews will shut off equipment when not in use. During smog season (May through October) the overall length of the construction period will be extended, thereby decreasing the size of the area prepared each day, to minimize vehicles and equipment operating at the same time. The construction contractor shall time the construction activities so as to not interfere with peak hour traffic and minimize obstruction of through traffic lanes adjacent to the site; if necessary, a flagperson shall be retained to maintain safety adjacent to existing roadways. The construction contractor shall support and encourage ridesharing and transit incentives for the construction crew. Air Quality/Long-Term Regional Air Quality Impacts (SEE ALSO SECTION III.G. SIGNIFICANT AND UNAVOIDABLE): Long-term air emissions are those associated with stationary sources and mobile sources. The Final EIR forecasts the potential effect on long-term air emissions of the Mercado Santa Fe Project and the new development potential associated with the amendment to the land use elements of the General Plan. The Final EIR assumes that 21,419 daily vehicle traffic trips will be generated as a result of such development in calendar year 2008 (Final EIR (0) 4.2-21 through 4.2-22 and Final EIR (D) Table 4.2.1). 10 P:\Agendas\Comm Dev Commission\CDC 2004\04-07-19 Uptown CCN Statement of Overriding Considerations.dol: In light of the emissions produced by these new vehicle trips and the related stationary source air emissions of the completed project, the Final EIR reports that emissions of carbon dioxide, reactive organic compounds, nitrogen dioxide and visibility reducing particles (PMlO) will exceed the thresholds set by SCAQMD for these pollutants. Findings: The Final EIR notes that no measures are available to reduce emissions from mobile sources (vehicle trips) and that it is mobile source emission which is the primary source oflong- term air quality impacts associated with the Project. The Commission hereby concurs with this finding. CULTURAL RESOURCES Findings: The Commission hereby finds that adherence to the following mitigation measures shall reduce the potential adverse effects on cultural resources to a level of insignificance: In the event construction activities expose a cultural or archaeological resource, a qualified archaeologist shall be notified to ascertain the significance of the find. The qualified archaeologist shall be empowered to halt or divert earthmoving activities in the vicinity of the find to allow for the adequate (as determined by the City, State, or other responsible entity) recordation and/or recovery of the find. If human remains are encountered, Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the County Coroner has made a determination of origin and disposition pursuant to Public Resources Code Section 5097.98. The County Coroner must be notified of the find immediately. If the remains are determined to be prehistoric, the Coroner will notify the Native American Heritage Commission (NARC), which will determine and notify a Most Likely Descendent (MLD). With the permission of the landowner or his/her authorized representative, the descendent may inspect the site of the discovery. The descendent shall complete the inspection within 24 hours of notification by the NAHC. The MLD may recommend scientific removal and nondestructive analysis of human remains and items associated with Native American burials. NOISE The Commission hereby finds that the following mitigation measures shall substantially reduce potentially significant noise impacts from short-term construction operations, but not reduce them to a level of insignificance: During all project site excavation and grading on-site, the project contractors shall equip all construction equipment, fixed or mobile, with properly operating and maintained mufflers consistent with manufacturer's standards. The project contractor shall place all stationary construction equipment so that emitted noise is directed away from sensitive receptors nearest the project site. 11 P:\Agendas\Comm Dev Commission\CDC 2004\04-07-19 Uptown CCN Statement of Overriding Conlliderations.doe The construction contractor shall locate equipment staging in areas that will create the greatest distance between construction-related noise sources and noise-sensitive receptors nearest the project site during all project construction. During all project site construction, the construction contractor shall limit all construction-related activities that would result in high noise levels to between the hours of 7:00 a.m. to 7:00 p.m. on weekdays. Only limited construction that would not affect adjacent sensitive uses is permitted on Sundays and govemment holidays. Finding: The Commission hereby finds that the following mitigation measures shall reduce potentially significant noise impacts from long-term construction operations to a level of insignificance: An air-conditioning system for all commercial/office buildings will be required in any location impacted by traffic noise levels exceeding 57 dBA CNEL. TRANSPORTATION AND CIRCULATION Finding: The Commission hereby fmds that the following mitigation measures shall reduce potentially significant traffic impacts to a level of insignificance: Prior to issuance of certificates of occupancy, the project proponent shall install a traffic signal at the "L" Street! Second Street intersection. Prior to issuance of certificates of occupancy, the Project proponent shall install a traffic signal at the "I" Street! Second Street intersection. Finding: The Commission hereby fmds that implementation of the following mitigation measures relating to intersection improvements for year 2025 with project conditions, the minimum level of service standards are maintained at study area intersections where a significant Project impact is identified, thereby reducing the impact to a less than significant level: The Project shall make a fair share contribution to the following mitigation measures: Station Way/Giavanola A venue/ Second Street - Installation of a traffic signal. "L" Street!Second Street - Installation of a traffic signal. "K" Street/Third Street - Addition of one westbound through lane. "I" Street! Second Street - Installation of a traffic signal. 1-215 Southbound On-Ramp/Second Street - Restripe southbound approach as one dedicated left turn lane, one shared through/left turn lane, and one right turn lane. 12 P;\Agendas\Conun Dev Commission\CDC 2004\04-07-19 Uptown CCN Statement of Ovtniding Considerations.doc G. IMPACTS ANALYZED IN THE FINAL Em AND DETERMINED TO BE SIGNIFICANT AND UNAVOIDABLE With the implementation of all available and feasible mitigation measures recommended in the Final EIR, the following adverse impacts of the proposed project stated below are considered to be significant and unavoidable, both individually and cumulatively, based upon information in the Final EIR, in the record, and based upon testimony provided during the public hearings on this Project. These impacts are considered significant and unavoidable despite the mitigation measures which are imposed and which will reduce impacts to the extent feasible: Both short-term construction-related impacts and long-term vehicular air quality impacts have been identified as significant and unavoidable even with implementation of mitigation measures. Air Quality Construction Emissions (Fugitive Dust/Construction Equipment Exhaust). While compliance with the standard control measures will reduce by half the emissions of fugitive dust, these emissions as emission of nitrous oxides (NOX) or exhaust from construction equipment, will remain above thresholds established by the South Coast Air Quality Management District; therefore, impacts resulting from the development of the Mercado Santa Fe Project will remain significant and unavoidable. The Commission hereby concurs with this finding. Long-Term Regional Air Quality Impacts. Most of the Project's long-term air quality impacts are generated by vehicle emissions. No mitigation measures are available to substantially reduce long-term air quality impacts of the Project. Therefore, impacts remain significant and unavoidable. The Commission hereby concurs with this finding. Traffic Year 2008 with Project Freeway Conditions. All freeway segments examined on Interstate 10 (1-10) and 1-215 are projected to operate below acceptable levels of service. There are no feasible mitigation measures for these impacts; thus, they remain significant and unavoidable. The Commission hereby concurs with this finding. Year 2025 with Project Freeway Conditions. All freeway segments examined on the 1-10, 1- 215, State Route 259 (SR-259), and State Route 30 (SR-30) are projected to operate below acceptable levels of service. There are no feasible mitigation measures for these impacts; thus, they remain significant and unavoidable. The Commission hereby concurs with this finding. Finding: The Commission concurs with the conclusion of the EIR that there is no feasible way of assuring funding of the following specific mainline freeway improvements, and that accordingly the adverse impacts from the Project to existing "Below Level of Service Threshold" operations of these freeway segments will be significant and unavoidable: 1-10 - 1-215 to Waterman Avenue: Addition of one eastbound mixed-flow lane and one High Occupancy Vehicle (HaY) lane, and one westbound HOV lane. 13 P:\Agendas\Co1ml Dev Commission\CDC 2004\04'()7.19 Uptown CCN Statement ofOvmiding Considerations.doc: 1-215 - Mt. Vernon Avenue to Orange Show Road: Addition of one northbound mixed- flow lane, one northbound HOV lane, one southbound mixed-flow lane, and one southbound HOV lane. 1-215 - Orange Show Road to Inland Center Drive: Addition of one northbound mixed- flow lane, one northbound HOV lane, and one southbound HOV lane. 1-215 - Inland Center Drive to Second Street: Addition of one northbound mixed-flow lane, one northbound HOV lane, one southbound mixed-flow lane, and one southbound HOV lane. 1-215 - Second Street to Fifth Street: Addition of one northbound HOV lane and one southbound HOV lane. 1-215 - Fifth Street to SR-259: Addition of one northbound mixed-flow lane, one northbound HOV lane, and one southbound HOV lane. 1-215 - SR-259 to SR-30: Addition of one northbound mixed-flow lane, one northbound HOV lane, one southbound mixed-flow lane, and one southbound HOV lane. 1-125 to Highland Avenue: Addition of one HOV lane in the northbound and southbound directions. SR-259 - Highland Avenue to SR-30: Addition of one HOV lane in the northbound and southbound directions. SR-30 - 1-259 to Waterman Avenue: Addition of one northbound mixed-flow lane, one northbound HOV lane, one southbound mixed-flow lane, and one southbound Improvements to 1-10, 1-215, SR-259, and SR-30 are under the authority of Caltrans. However, there is no mechanism for development project proponents to pay fees or make fair-share contributions toward improving mainline freeway lanes. Even if there were such a mechanism, there is no way to ensure that such payments would be directed to a specific freeway improvement project. Consequently, there are no feasible mitigation measures for these impacts. The Commission hereby concurs with this finding. H. RESERVED 14 p;\Agendas\Comm Dev Commillsion\COC 2004\04"()7-19 Uptown CCN Statement o(Overriding Colllliderations.doe I. PROJECT BENEFITS The benefits derived from the approval of the Project are related to eliminating conditions of blight in the Project Areas. The Project fulfills the goals outlined in the City's General Plan, the goals outlined in each respective project area plan as well as the primary purpose of the Agency under Community Redevelopment Law by means of assisting owner participants and third party developers under the terms of specific redevelopment agreements and covenants acceptable to the Agency to (i) consolidate parcels; (ii) eliminate obsolete or blighted structures or conditions on commercial property; and, (iii) preserve and create new employment and private capital investment in the Project Area. The following benefits will occur as a result of Project implementation: I. Implementation of the Project will result in the eliminate obsolete or blighted structures or conditions. 2. The Project will result in the preservation and creation of new employment and capital investment within the Uptown and CCN Project Areas. 3. The construction and operation of the proposed project will provide new employment opportunities, both short-term construction and potential long-term retail employment. 4. Establishment of the Mercado Santa Fe Project within Subarea B of the Uptown Project area will provide additional shopping amenities to serve the residents of the City and adjacent communities. 5. Development of the proposed Project will provide a logical extension of convenient and aesthetically compatible uses, which will strengthen the economic viability of the City. J. STATEMENT OF OVERRIDING CONSIDERATIONS The Commission adopts this Statement of Overriding Considerations with respect to the significant unavoidable impacts identified in the Final EIR. The following significant unavoidable impacts are anticipated to result from the proposed project after implementation of all project-specific mitigation measures identified in Section 4.0 of the Final EIR: Air Quality The proposed project would create significant air quality impacts from short-term construction activities and during long-term operations of the site. Pollutant emissions resulting from short- term construction activity would exceed thresholds for NOx and PMIO emissions after mitigation. Pollutant emissions associated with long-term operation activities would also exceed thresholds for CO, ROC, NOx, and PMIO. These impacts remain significant after mitigation. 15 P:\Agcndas\Comm Dev Commission\COC 2004\04"()7-19 Uptown CCN Statement of Overriding Considerations.doe Traffic Two significant unavoidable traffic impacts would result from implementation of the proposed project. The proposed project creates or contributes to unacceptable freeway operations (LOS F) during the p.m. peak hour in year 2008 on the following: . 1-10 from 1-215 to Waterman Avenue; and . 1-215 from Mt. Vernon Avenue to SR-30. In year 2025, the project creates or contributes to unacceptable freeway operations (LOS F) during the p.m. peak hour on the following: . 1-10 from 1-215 to Waterman Avenue; . 1-215 from Mt. Vernon Avenue to SR-30; . SR-259 from 1-215 to SR-30; . SR-30 from State Street to 1-215; and . SR-30 from 1-259 to Waterman Avenue. Although mitigation of these impacts could be obtained by adding HOV or mixed-flow freeway lanes, these improvements are under the authority of Caltrans. There is no mechanism for development proponents to pay fees or make fair-share contributions toward improving mainline freeway lanes. Even if such a mechanism existed, there are no means to ensure that such payments would be directed to a specific freeway improvement project. Consequently, there are no feasible mitigation measures for identified freeway impacts. AIR QUALITY While implementation of mitigation measures will reduce construction-related air quality impacts on nearby sensitive receptors, short-term construction air quality impacts resulting from the proposed future retail center known as Mercado Santa Fe Project unavoidable. Nevertheless, the elimination of blight in Subarea B of the Uptown Project Area is hereby found to outweigh this temporary short-term adverse impact. No measures are available to reduce emissions from mobile sources, which are the primary source impacts. Long-term air quality impacts remain significant and unavoidable. TRAFFIC AND CIRCULATION All of the freeway segments examined on 1-10 and 1-215 are projected to operate below the acceptable level of service threshold under 2008 with project conditions. The addition of project- generated traffic contributes to these unsatisfactory operations. Improvements to 1-10 and 1-215 are under the authority ofCaltrans. However, there is no mechanism for development project proponents to pay fees or make fair share contributions towards improving mainline freeway lanes, and even if there were such a mechanism, there is no way to ensure that such 16 P:\Agcndas\Co1llDl Dcv Conunisllion\CDC 2004\04-07-19 Uplown CCN Statement orOverriding Considerations.doc payments would be directed to a specific freeway improvement project. Consequently, there are no feasible mitigation measures for these impacts. Because there is no feasible way to ensure payment for the identified mitigation, these impacts remain significant and unavoidable. NOISE The increase in short-term traffic on the surrounding roads due to construction activities is expected to be small reduction in and the associated increase in long-term traffic noise will not be perceptible. However, short-term intermittent high noise levels associated with truck traffic can be anticipated. This section of findings specifically addresses the requirements of Section 15093 of the CEQA Guidelines, which require the lead agency to balance the benefits of a proposed project against its unavoidable significant impacts and to determined whether the impacts are acceptably overridden by the project benefits. The Commission finds that the previously stated major project benefits, see Section F above, outweigh the unavoidable significant adverse enviromnental impacts noted above. Each of the separate benefits of the proposed project cited in the materials prepared at the direction of the City by the EIR consultant are hereby determined to be, in themselves and independent of the other project benefits, a basis for overriding all unavoidable enviromnental impacts identified in the Final EIR and in these findings. The Commission's findings set forth in the preceding sections have identified all of the adverse enviromnental impacts and the feasible mitigation measures, which can reduce impacts to less than significant levels where feasible, or to the lowest feasible levels where significant impacts remain. The findings have also analyzed four alternatives to determine whether there are reasonable or feasible alternatives to the proposed action or whether they might reduce or eliminate the significant adverse impacts of the proposed project. The Final EIR, present evidence that implementing the development of the project will cause significant adverse impacts, which cannot be substantially mitigated to nonsignificant levels. These significant impacts have been outlined above and the Commission makes the following finding: Finding: Having considered the unavoidable adverse impacts of the project, the Commission hereby determines that all feasible mitigation has been adopted to reduce or avoid the potentially significant impacts identified in the Final EIR and that no additional feasible mitigation is available to further reduce significant impacts. Further, the Commission fmds that economic, social, and other considerations of the project outweigh the unavoidable adverse impacts described above. The reasons for accepting these remaining unmitigated impacts are described below. In making this fmding, the Commission has balanced the benefits of the project against its unavoidable enviromnental impacts and has indicated its willingness to accept those risks. Finding: The Commission finds that the Project's benefits are substantial and override each unavoidable impact of the project. 17 P:\Agendas\Comm De\' Commisllion\CDC 2004\04-07-19 Uptown CCN Statement of Overriding Considerations.doc K. ADOPTION OF A MONITORING PLAN FOR THE CEQA MITIGATION MEASURES CEQA Guidelines Section 15097 requires the Commission to adopt a monitoring or reporting program regarding the changes in the project and mitigation measures imposed to lessen or avoid significant effects on the environment. The Mitigation Monitoring Plan included as Section 5 in the Final EIR is hereby approved and adopted by the Commission, and the Commission hereby finds that such plan satisfies CEQA's mitigation monitoring requirements. Furthermore, the Commission shall ensure the Agency shall comply with the requirements of the Mitigation Monitoring Program and make such reports as necessary during: (i) all condenmation proceedings against land lying within either Project Area; (ii) the development of the Mercado Santa Fe Project if assisted by the Agency; and (iii) the development of any other redevelopment project lying on land affected by General Plan Amendment No. 04-02 to which the Agency grants assistance. 1. The Mitigation Monitoring Plan is designed to ensure compliance with the changes in the project and mitigation measures imposed on the project during project implementation; and 2. Measures to mitigate or avoid significant effects on the environment are fully enforceable through permit conditions, agreements or other measures. 18 P:\Agendas\Co1lllll Dev Commission\CDC 2004\04-07-19 Uptown CCN Statement of Overriding Considentions.doc /1J~ ;OLUTlON NO. 2 ~ ~ 3 4 5 6 7 8 9 10 11 WHEREAS, the City of San Bernardino ("City") is a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California; 12 and \3 14 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 (the "CRL"). The CRL is found at Health and Safety Code Section 33000 15 16 17 et seq.; and 18 WHEREAS, the Community Development Commission of the City of San Bernardino (the "Commission") is the governing board of the Agency; and 19 20 WHEREAS, the Mayor and Common Council of the City ("Common Council"), by adoption of Ordinance No. 3366 on August 6, 1973, approved and adopted the Redevelopment Plan for the Central City North Redevelopment Project; and 21 22 23 WHEREAS, the Common Council has subsequently adopted amendments to the Redevelopment Plan for the Central City North Redevelopment Project as follows: 24 25 (i) Common Council Ordinance No. MC-561 on December 8,1986; 26 27 (ii) Common Council Ordinance No. MC-719 on April 2, 1990; 28 (iii) Common Council Ordinance No. MC-920 on December 19,1994; and -1- P;\Agendas\Rcsolutions\Resolutions\2004\04-07-19 CCN Blight Analysis coe Reso.doc 2 (iv) Common Council Ordinance No. MC-1154. WHEREAS, the Common Council has initiated proceedings for the adoption of a further amendment to the Redevelopment Plan to reinstate the Agency's power to acquire land in the redevelopment project area of the Central City North Redevelopment Project (the "Project Area") by eminent domain and to make certain other technical amendments to the Redevelopment Plan, including the rescission of the special development regulations contained in the Redevelopment Plan affecting lands in the Project Area so that all new development in the Project Area must conform to the applicable provisions of the City's current General Plan and current zoning and development regulations, and updating certain other provisions of the Redevelopment Plan as relating to the relocation of persons and businesses who may be displaced from the Project Area and updating the provisions relating to affordable housing in accordance with current provisions of the CRL; and WHEREAS, the Common Council and the Community Development Commission of the City of San Bernardino (the "Commission"), which serves as the governing board of the Agency, have called upon the owners of property, residents, business operators and neighborhood organizations in the Project Area to form a Project Area Committee for the purpose of having consultations concerning the proposed reinstatement of the Agency's power of eminent domain and the other technical amendments and restatements of the Redevelopment Plan (the "2004 Amended and Restated Redevelopment Plan") and the potential of the Agency's exercise of the reinstated power of eminent domain to displace low- and moderate-income residents through the exercise of eminent domain on residential properties within the Project Area; and 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 WHEREAS, the members of the Project Area Committee for the Project Area have considered and approved the 2004 Amended and Restated Redevelopment Plan and have voted to recommend to the Common Council and the Commission that the 2004 Amended and Restated Redevelopment Plan be approved at the joint public hearing scheduled for July 19, 2004; and 23 24 25 26 27 28 WHEREAS, the 2004 Amended and Restated Redevelopment Plan does not propose to modify the boundaries of the Project Area or change any of the financial provisions of the -2- p:\Ajendas\Resolutions\Rellolutions\2004\04-07.19 CCN Blight Analysis CDC Reso.doc 2 Redevelopment Plan. The 2004 Amended and Restated Redevelopment Plan is focused solely on: (i) the reinstatement of the Agency's eminent domain authority with respect to all property in the Project Area to a new date of August 6, 2013 following the adoption of the ordinance of the Common Council adopting the 2004 Amended and Restated Redevelopment Plan; (ii) the rescission of the special land development regulations contained in the Redevelopment Plan affecting lands in the Project Area so that all new development in the Project Area must conform to the applicable provisions of the current City General Plan and current zoning and development regulations; and (iii) updating certain other provisions of the Redevelopment Plan as relate to the relocation of persons and businesses who may be displaced from the Project Area and updating certain provisions of the Redevelopment Plan relating to affordable housing in accordance with current provisions of the CRL; and 3 4 5 6 7 8 9 10 11 12 WHEREAS, the Common Council consented to hold a joint public hearing with the Commission with respect to the 2004 Amended and Restated Redevelopment Plan, at which public hearing any and all persons having any objection to the 2004 Amended and Restated Redevelopment Plan or the Final Program Environmental Impact Report described below, or the regularity of any prior proceedings concerning the 2004 Amended and Restated Redevelopment Plan, would be allowed to appear before the Commission and the Common Council and show cause why the 2004 Amended and Restated Redevelopment Plan should not be adopted; and 13 14 15 16 17 18 19 WHEREAS, the joint public hearing of the Commission and the Common Council was duly held on July 19, 2004 regarding the certification of the Final Program Environmental Impact Report and the 2004 Amended and Restated Redevelopment Plan; and 20 21 22 WHEREAS, a Final Program Environmental Impact Report has been prepared in connection with the consideration and approval of the 2004 Amended and Restated 23 24 Redevelopment Plan, and the Common Council has adopted its resolution entitled: 25 "RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS, CERTIFYING A FINAL PROGRAM ENVIRONMENTAL IMPACT REPORT, ADOPTING THE MITIGATION MONITORING PLAN FOR THE REINSTATEMENT OF EMINENT DOMAIN POWERS IN THE REDEVELOPMENT PROJECT AREAS OF THE UPTOWN REDEVELOPMENT PROJECT AREA AND THE CENTRAL 26 27 28 -3- P:\Agcndas\RelK.llutions\Resohatiollll\2004\04-07-19 CCN Blight Analysis COC Reso.doe 2 CITY NORTH REDEVELOPMENT PROJECT AREA, AND OTHER ENTITLEMENT ACTIONS, APPROVING CERTIFYING A TRANSPORTATION TRAFFIC IMPACT ANALYSIS REPORT, AND ADOPTING GENERAL PLAN AMENDMENT NO. 04-02"; and WHEREAS, the Commission has adopted its resolution entitled: 3 4 5 "RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AS A RESPONSIBLE AGENCY UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS, AND MAKING FINDINGS THAT A FINAL PROGRAM ENVIRONMENTAL IMPACT REPORT, AND THE MITIGATION MONITORING PLAN FOR THE REINSTATEMENT OF EMINENT DOMAIN POWERS IN THE REDEVELOPMENT PROJECT AREAS OF THE UPTOWN REDEVELOPMENT PROJECT AND THE CENTRAL CITY NORTH REDEVELOPMENT PROJECT FULLY AND ADEQUATELY ADDRESS THE POTENTIAL ENVIRONMENTAL EFFECTS OF THE APPROVAL BY THE COMMISSION OF SUCH REDEVELOPMENT PLAN AMENDMENTS"; and 6 7 8 9 10 11 12 WHEREAS, all legal prerequisites to the passage of this Resolution have occurred and 13 been taken in accordance with applicable law. 14 NOW, THEREFORE THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, FIND AND DETERMINE AS FOLLOWS: 15 16 The information set forth in the Recitals of this Resolution is true an Section 1. 17 correct. The Commission has conducted a full and fair joint public hearing with the Commo Council on July 19, 2004 regarding the 2004 Amended and Restated Redevelopment Plan. Section 2. The purpose and intent of the Commission with respect to the 2004 Amended and Restated Redevelopment Plan is to reinstate the Agency's eminent domain authority with respect to all property in the Project Area following the adoption of an Ordinance of the Common Council approving the 2004 Amended and Restated Redevelopment Plan until the August 6, 2013, termination date of the Redevelopment Plan. The 2004 Amended and 18 19 20 21 22 23 24 Restated Redevelopment Plan also makes a number of nonsubstantive technical revisions to the 25 text to the original Redevelopment Plan, as set forth in the Recitals of this Resolution. The approval of the 2004 Amended and Restated Redevelopment Plan shall protect and promote the sound redevelopment of the Project Area and the general welfare of the inhabitants of the City by providing a method of property acquisition through the potential use of eminent domain in 28 order for the Agency to be able to assemble parcels, attract redevelopment interest by owners of 26 27 -4- P;\Agendas\Resolutions\Resolutions\2004\04-07-19 CCN Blight Analysis CDC Reso.doc land and third persons and secure capital improvement in the Project Area by insuring its ability 2 to deliver property for redevelopment purposes as part of specific programs to eliminate and 3 prevent the spread of blight in the Project Area. Section 3. No written objection to the 2004 Amended and Restated Redevelopment 5 Plan was received by the Commission prior to the joint public hearing and no written or oral objection was submitted to the Commission or the Common Council prior to the close of the 6 joint public hearing on the 2004 Amended and Restated Redevelopment Plan. The Agency and the City staff and consultant presentations were submitted at the joint public hearing, including 8 without limitation the visual display of maps, graphs, charts and photographs and the oral 9 comments of interested persons submitted to the Commission and the Common Council at the 10 joint public hearing, and the "Report to Mayor and Common Council, 2004 Eminent Domain 11 Amendment, Central City North Redevelopment Report" (the "Section 33352 Report"). 12 Section 4. (a) The Section 33352 Report contains a summary of facts and 13 information which indicate that conditions of blight continue to burden the Project Area. The 14 observation of the conditions of blight which aftlict the Project Area is described in the Section 15 33352 Report. The Section 33352 Report includes both field observation of conditions in the Project Area and analysis of technical data. The field observation was conducted by Agency 16 staff and qualified consultants, as described in the Section 33352 Report, all of whom have significant experience in compiling and evaluating data relating to the existence of blight in a redevelopment project area. The Project Area displayed substantial evidence of blight in 1973 at the time when the 20 Redevelopment Plan was adopted. The existence of blight in 1973 was so prevalent that blight 21 caused a reduction and lack of property utilization of the area to such an extent that the lands in 22 the Project Area posed a physical and economic burden on the community. CRL Section 33031 contains the primary source of law for the definition of "blight". 24 The following contains a summary of the information contained in the Section 33352 Report 25 which is organized under each of the four (4) elements or categories of "physical blight" (CRL Section 33031(a)) and the five (5) elements or categories of "economic blight" (CRL Section 26 33031(b)). The applicable text of the statute is presented in bold-faced type, followed by a summary of the applicable facts contained in the Section 33352 Report. 4 7 17 18 19 23 27 28 -5- P:\Agendas\Resolutions\Resolutions\2004\04-07-19 CCN Blight Analysis CDC Rcso.doe 2 3 4 5 6 7 8 9 10 11 12 \3 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CRL Section 33031(a)(1): "Buildings in which it is unsafe or unhealthy for person to Jive or work. These conditions can be caused by serious building code violations dilapidation and deterioration, defective design or physical construction, faulty 0 inadequate utilities, or other similar factors." This provision describes one of the "classic" symptoms of blight. The informatio summarized in the Section 33352 Report was assembled from field observation of the exterio areas of buildings and structures visible to Agency staff and consultants from the public street and public right-of-ways in the Project Area. It is believed that interior inspection of th buildings and structures in the Project Area, as well as closer inspections of the exterior areas 0 many properties which were not visible from public streets, would likely indicate many more an potentially very serious life and safety related building deficiencies than described in the Sectio 33352 Report. The evidence of City code enforcement activity in the Project Area indicates tha over the past five (5) years for which complete data is available, the building code enforcemen rate for serious structural deficiencies is five (5) times higher in the Project Area than in the Ci as a whole [Section 3352 Report B-15]. In large part this trend is likely attributable to th relatively old age of structures in the Project Area. Over 50% of the structures which currentl exist in the Project Area were constructed prior to 1920. Many of these are in comparativel poor and deteriorated condition. [Section 33352 Report B-4 and B-5 and accompanyin photographs] Elsewhere in the Section 33352 Report, it is noted that the Project Area contains comparatively large number of vacant parcels of land - thirty and eight tenth percent (30.8%) 0 parcels are vacant [Section 33352 Report B-3]. In an older and fully urbanized area of community such as the Project Area, such a large percentage of vacant or unused parcels of Ian often is an indication of long-standing conditions of blight. This large number of vacant parcel of land, in an otherwise fully developed urban area, is in large part the result of an effective an sustained effort on the part of the City to enforce building and safety laws in the Project Are [Section 33352 Report B-15]. As buildings have deteriorated in the Project Area, the City h taken action to compel property owners to respond to such deterioration and life safety dangers -6- P:\Agendas\Resolutions\Resolutions\2004\04-07-19 CCN Blight Analysis CDC Reso.doc 2 3 In many, many cases over the past ten (10) or fifteen (15) years, property owners have elected t demolish such unsafe structures rather than repair them. "For the five-year period of 1997-9 through 2000-01, code compliance cases for the Project Area exceeded the general norm for th City. Taking the total number of Category 4 cases (deteriorated (dilapidation) and dividing b the number of residents, the Project Area has a rate of more than five times fo deterioration/dilapidated cases than the City." [Section 33352 Report B- 15 and Table B-6] Thus the unusually high percentage of vacant parcels of land, plus the conditions a observed in the Section 33352 Report relating to the deteriorated condition of buildings, serve t provide confirming evidence that the condition of blight described in CRL Section 33032(a)(1) i present in the Project Area. As indicated in the Section 33352 Report, some new developmen has occurred in the Project Area with the assistance of the Agency. Nevertheless, despite th extensive availability of vacant land to support new construction in the Project Area, particularl on residentially zoned vacant land, new construction without active Agency assistance simpl has not occurred in the Project Area for a number of interrelated factors. In view of the information set forth in the Section 33352 Report the Commission hereb finds that the condition of blight described in CRL Section 3303l(a)(1) is present in the Projec Area and is a prevalent and substantial condition which causes a reduction and lack of utilizatio of the Project Area and substantially contributes to a serious physical and economic burden 0 the community which cannot reasonably be expected to be reversed or alleviated by privat enterprise or government action, or both without redevelopment. CRL Section 33031(a)(2): "Factors that prevent or substantially hinder the economically viable use or capacity of buildings or lots. This condition can be caused by a substandard design, inadequate size given present standards and market conditions, lack of parking, or other similar factors." This condition or symptom of blight remains present in the Project Area. The large number of vacant lots in the Project Area - 30.8% of all legal parcels are vacant in the Project Area comprising approximately 21.5% of the total acreage of the Project Area - evidences this symptom of blight [Section 33352 Report B-3]. The Section 33352 Report contains the following observation: 4 5 6 7 8 9 10 11 12 \3 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -7- P:\Aa;endas\ResolutiollS\Resolutions\2004\04-07-19 CCN Blight Analysis CDC Rcso.doc 2 "Assessing all the lots in the Project Area and comparing them to the City's minimum lot size requirements on a parcel by parcel basis for each permitted use, 72.77% of the parcels are nonconforming and do not meet the minimum lot size requirement. Table B-4 in the Section 33352 Report shows that the effect of the Agency's assistance to date in reducing the Property has reduced the number of nonconforming parcels of land in the "commercial" use designation to a level which is substantially less than the rate of nonconformity for "residential" use parcels. To date, the Agency's assistance efforts in the Project Area has been focused on commercial use and residential activities." [Section 33352 Report B-13 and B-14] In view of the information set forth in the Section 33352 Report the Commission hereby finds that the condition of blight described in CRL Section 3303 I (a)(2) is present in the Project Area and is a prevalent and substantial condition which causes a reduction and lack of utilization of the Project Area and substantially contributes to a serious physical and economic burden on the community which cannot reasonably be expected to be reversed or alleviated by private enterprise or government action, or both without redevelopment. CRL Section 33031(a)(3): "Adjacent or nearby uses that are incompatible with each other and which prevent the economic development of those parcels or other portions ofthe project area." This condition is a symptom of blight and is found in the Project Area. [Section 33352 Report B-12 through B-13 and accompanying photographs.] In view of the information set forth in the Section 33352 Report the Commission hereby finds that the condition of blight described in CRL Section 33031(a)(3) is present in the Project Area and is a prevalent and substantial condition which causes a reduction and lack of~tilization of the Project Area and substantially contributes to a serious physical and economic burden on the community which cannot reasonably be expected to be reversed or alleviated by private enterprise or government action, or both without redevelopment. CRL Section 33031(a)(4): "The existence of subdivided lots of irregular form and shape and inadequate size for proper usefulness and development that are in multiple ownership." This condition of blight is also present in the Project Area. The ownership pattem of land in the Project Area is exceedingly diverse and such small ownership pattern indicates that 3 4 5 6 7 8 9 10 11 \2 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -8- P:\Agendas\R.esolutions\Resolutions\2004\04-07-19 CCN Blight Analysis COC Reao.doc 2 3 land assembly by private property owners has not occurred. It is likely that given all the other burdens affecting the Project Area, and the comparative ease of commercial businesses and buyers of property to select other less challenged and newer areas of the community for investment, that the assembly of small parcels into larger parcels of developable land in the Project Area is not reasonably likely to occur without redevelopment assistance in one form or another. In view ofthe information set forth in the Section 33352 Report the Commission hereby finds that the condition of blight described in CRL Section 33031 (a)( 4) is present in the Project Area and is a prevalent and substantial condition which causes a reduction and lack of utilization of the Project Area and substantially contributes to a serious physical and economic burden on the community which cannot reasonably be expected to be reversed or alleviated by private enterprise or govemment action, or both without redevelopment. CRL Section 33031(b)(1): "Depreciated or stagnant property values or impaired investments, including, but not necessarily limited to, those properties containing hazardous wastes that require the use of agency authority as specified in Article 12.5 (commencing with Section 33459)." This symptom of blight is present in the Project Area. Despite recent news reports and general views about rising real estate investment values in the Inland Empire and in San Bernardino in particular, the Project Area appears to be an area of the community which has not benefited from these generally favorable economic conditions in recent years. In point of fact, since 1988 a serious and sustained series of negative economic factors have produced an almost "perfect storm" of adverse economic conditions in the Project Area. The economic down-turn of the late 1980's and early '90s, coupled with the closing of the nearby Santa Fe railway locomotive repair shop facility and the closing of nearby Norton Air Force Base have resulted in a major exodus of commercial business activity from the Project Area since 1973. Virtually all of the new development, construction and business activity which has occurred in the Project Area since 1973, has been directly assisted by the Agency in one form or another [Section 33352 Report B-2]. In light of the large number of vacant parcels of land available in the Project Area, this fact is particularly significant and indicative of this adverse economic condition of blight. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -9- P:\Agendas\Resolulions\Rcsolutiollll\2004\04-07-19 CCN Blight Analysis CDC Rcso.doe 2 The Section 33352 Report provides a good summary of the available evidence of the existence of stagnant and depreciated property values in the Project Area in comparison to the rest of the City in recent years which serve to illustrate this problem: "Table B-2 Central City North Redevelopment Project Area Historical Assessed Valuation Central City North City of San Bernardino 3 4 5 6 Assessed Value % Change Assessed Value % Change 1998/99 $95,146,072 -0.50% $3,856,207,176 0.86% 1999/00 $94,668,234 -8.11% $3,889,385,316 1.15% 2000/0 I $86,987,904 12.07% $3,933,968,675 2.21% 2001/02 $97,487,748 -0.69% $4,021,058,224 2.75% 2002/03 $96,818,278 $4,131,626,923 Average Inc/Y ear 0.69% 1.74% Increase from 98/99 to 02/03 1.76% 7.14%" 7 8 9 10 11 12 13 This information reveals a very bleak story and presents substantial evidence of the existence of depreciated or stagnant property value in the Project Area. The increase in assessed property value in the City, as compared to the Project Area, has increased over four (4) times faster than the weak rate of increase of assessed value in the Project Area. In view ofthe information set forth in the Section 33352 Report the Commission hereby finds that the condition of blight described in CRL Section 33031(b)(I) is present in the Project Area and is a prevalent and substantial condition which causes a reduction and lack of utilization of the Project Area and substantially contributes to a serious physical and economic burden on the community which cannot reasonably be expected to be reversed or alleviated by private enterprise or government action, or both without redevelopment. CRL Section 33031(b)(2): "Abnormally high business vacancies, abnormally low lease rates, high turnover rates, abandoned buildings, or excessive vacant lots within an area developed for urban use and served by utilities." This symptom of blight is present in the Project Area. The photographs and the Section 33352 Report portray a number of vacant commercial use structures in the Project Area. The number of vacant and under utilized commercial buildings is quite noticeable to the casual observer. In addition, the unusually high percentage of vacant parcels in the Project Area provides evidence that this condition of blight exists. The level of commercial-related business 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -10- P:\Agendas\RcsoJutions\Resolutions\2004\04.07-19 CCN Blight Analysis CDC Reso.doc 2 3 activity in the Project Area has been essentially stagnant for the last five (5) years for which data is available. This compares very unfavorably with the rest of the City. In fact, the total number of business licenses issued by the City to businesses in the Project Area declined in 2002 from prior years. [Section 33352 Report B-20 and B-21]. In view of the information set forth in the Section 33352 Report the Commission hereby finds that the condition of blight described in CRL Section 3303 1 (b)(2) is present in the Project Area and is a prevalent and substantial condition which causes a reduction and lack of utilization of the Project Area and substantially contributes to a serious physical and economic burden on the community which cannot reasonably be expected to be reversed or alleviated by private enterprise or government action, or both without redevelopment. CRL Section 33031(b)(S): "A high crime rate that constitutes a serious threat to the public safety and welfare." This symptom of blight is present in the Project Area. [Section 33352 Report B-17 and B-18.] The incident of every category of major crime is higher in the Project Area than elsewhere in the City. For the last three (3) years the rate of crime per 1,000 residents is nearly ten (10) times higher in the Project Area than in the rest of the City. This is a very serious symptom of blight. In view of the information set forth in the Section 33352 Report the Commission hereby finds that the condition of blight described in CRL Section 33031(b)(5) is present in the Project Area and is a prevalent and substantial condition which causes a reduction and lack of utilization of the Project Area and substantially contributes to a serious physical and economic burden on the community which cannot reasonably be expected to be reversed or alleviated by private enterprise or government action, or both without redevelopment. (b) In view of the information set forth in the Section 33352 Report the Commission hereby finds that the conditions of blight described in CRL Section 33031 are present in the Project Area and that these conditions are prevalent and substantial conditions which cause a reduction and lack of utilization of the Project Area and substantially contribute to a serious physical and economic burden on the community which cannot reasonably be expected to be reversed or alleviated by private enterprise or government action, or both without redevelopment. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -11- P:\Agendas\Rcsolutions\Resolutions\2004\04-07-19 CCN Blight Analysis CDC Reso.doc 2 (c) The Commission hereby further finds that the 2004 Amended and Restated Redevelopment Plan shall assist the Agency to correct and eliminate the spread of blight in the Project Area by means of assisting owner participants and third party developers 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. Section 5. The Commission hereby acknowledges its receipt and approval of the 33352 Report. The Commission hereby requests the Common Council to consider and approve the 33352 Report in the form as submitted at the joint public hearing for the adoption of the 2004 Amended and Restated Redevelopment Plan. Section 6. The Commission hereby approves and adopts the 2004 Amended and Restated Redevelopment Plan, a copy of which is on file with the Agency Secretary, and which 2004 Amended and Restated Redevelopment Plan is incorporated herein by this reference, and the Commission designates the Redevelopment Plan, as amended by the 2004 Amended and Restated Redevelopment Plan (hereinafter, the "Amended Redevelopment Plan") as the official redevelopment plan for the Central City North Redevelopment Project, subject to the adoption of an appropriate Ordinance of the Common Council which approves and adopts the 2004 Amended and Restated Redevelopment Plan and the Amended Redevelopment Plan. Section 7. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Resolution, is, for any reason, held to be invalid or unconstitutional by the decision of 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 any court of competent jurisdiction, such decision shall not affect the validity of the remaining 21 portions of this Resolution. The Commission hereby declares that it would have adopted this 22 23 Resolution and each, section subdivision, sentence, clause, phrase, or portion of this Resolution, irrespective of the fact that one or more sections, subdivisions, sentences, clauses, phrases, or portions of this Resolution be declared invalid for any reason. Section 8. This Resolution shall take effect upon adoption. The Agency Secretary shall certify the adoption ofthis Resolution. 24 25 26 27 28 -12- P:\Agendas\Resolutions\Resolutions\2004\04-67-19 CCN Blight Anaiy!;is CDC Re:Io,doe 2 3 4 5 6 7 8 9 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO MAKING FINDINGS REGARDING CONDITIONS OF BLIGHT IN THE REDEVELOPMENT PROJECT AREA OF THE CENTRAL CITY NORTH REDEVELOPMENT PROJECT, APPROVING THE SECTION 33352 REPORT TO THE MAYOR AND COMMON COUNCIL ON THE 2004 EMINENT DOMAIN AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE CENTRAL CITY NORTH REDEVELOPMENT PROJECT AND APPROVING THE 2004 EMINENT DOMAIN AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE CENTRAL CITY NORTH REDEVELOPMENT PROJECT I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the meeting 10 Community Development Commission of the City of San Bernardino at a , 2004, by the following vote, to wit: day of AYES 11 thereof, held on the 12 Commission Members ABSTAIN ABSENT NAYS 13 ESTRADA 14 LONGVILLE 15 MCGINNIS 16 DERRY 17 KELLEY 18 JOHNSON 19 MC CAMMACK 20 21 22 23 24 25 Secretary The foregoing resolution is hereby approved this day of ,2004. Judith Valles, Chairperson Community Development Commission of the City of San Bernardino 26 Approved as 27 28 By: -13- P:\Agendas\Resolutions\RelKllutions\2004\04-07-19 CCN Blight Analysis CDC Reso.doc 1 ORDINANCE NO. 2 3 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ADOPTING THE 2004 AMENDED AND RESTATED REDEVELOPMENT PLAN FOR THE CENTRAL CITY NORTH REDEVELOPMENT PROJECT 4 5 6 WHEREAS, the City of San Bernardino ("City") is a charter city and municipal 7 corporation organized and existing under the Constitution and laws of the State of California; 8 and 9 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 10 11 Redevelopment Law (the "CRL"). The CRL is found at Health and Safety Code Section 33000 et seq.; and 12 WHEREAS, the Community Development Commission of the City of San Bernardino (the "Commission") is the governing board of the Agency; and 13 14 WHEREAS, the Mayor and Common Council of the City ("Common Council"), by adoption of Ordinance No. 3366 on August 6, 1973, approved and adopted the Redevelopment Plan for the Central City North Redevelopment Project; and WHEREAS, the Common Council has subsequently adopted amendments to the 15 16 17 18 Redevelopment Plan for the Central City North Redevelopment Project as follows: (i) Common Council Ordinance No. MC-561 on December 8, 1986; (ii) Common Council Ordinance No. MC-719 on April 2, 1990; (iii) Common Council Ordinance No. MC-920 on December 19, 1994; and (iv) Common Council Ordinance No. MC-1154. 23 WHEREAS, the Common Council has initiated proceedings for the adoption of a further 19 20 21 22 24 amendment to the Redevelopment Plan to reinstate the Agency's power to acquire land in the 25 redevelopment project area of the Central City North Redevelopment Project (the "Project -1- P:\Ap.du\RaGlatlom\ReloludonaUlJ04\lW..07-19 CCN PH Ordlnaace.doc 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Area") by eminent domain and to make certain other technical amendments to the Redevelopment Plan, including the rescission of the special development regulations contained in the Redevelopment Plan affecting lands in the Project Area so that all new development in the Project Area must conform to the applicable provisions of the City's current General Plan and current zoning and development regulations, and updating certain other provisions of the Redevelopment Plan as relating to the relocation of persons and businesses who may be displaced from the Project Area and updating the provisions relating to affordable housing in accordance with current provisions of the CRL; and WHEREAS, the Common Council and the Community Development Commission of the City of San Bernardino (the "Commission"), which serves as the governing board of the Agency, have called upon the owners of property, residents, business operators and neighborhood organizations in the Project Area to form a Project Area Committee for the purpose of having consultations concerning the proposed reinstatement of the Agency's power of eminent domain and the other technical amendments and restatements of the Redevelopment Plan (the "2004 Amended and Restated Redevelopment Plan") and the potential of the Agency's exercise of the reinstated power of eminent domain to displace low- and moderate- income residents through the exercise of eminent domain on residential properties within the Project Area; and WHEREAS, the 2004 Amended and Restated Redevelopment Plan does not propose to modify the boundaries of the Project Area or change any of the fmancial provisions of the Redevelopment Plan. The 2004 Amended and Restated Redevelopment Plan is focused solely on: (i) the reinstatement of the Agency's eminent domain authority with respect to all property in the Project Area to a new date of August 6,2013 following the adoption of the ordinance of the Common Council adopting the 2004 Amended and Restated Redevelopment Plan; (ii) the rescission of the special land development regulations contained in the Redevelopment Plan affecting lands in the Project Area so that all new development in the Project Area must -2- P:\Aleudu\ReloJudoD.\ReIobllloDIUOO4\04-87.19 CCN PH Ordinance-doe conform to the applicable provisions of the current City General Plan and current zoning and 2 development regulations; and (iii) updating certain other provisions of the Redevelopment Plan as relate to the relocation of persons and businesses who may be displaced from the Project 3 4 Area and updating certain provisions of the Redevelopment Plan relating to affordable housing 5 in accordance with current provisions ofthe CRL; and 6 WHEREAS, the Common Council consented to hold a joint public hearing with the Commission with respect to the 2004 Amended and Restated Redevelopment Plan, at which public hearing any and all persons having any objection to the 2004 Amended and Restated Redevelopment Plan or the Final Program Environmental Impact Report described below, or the regularity of any prior proceedings concerning the 2004 Amended and Restated Redevelopment Plan, would be allowed to appear before the Commission and the Common Council and show cause why the 2004 Amended and Restated Redevelopment Plan should not be adopted; and WHEREAS, the joint public hearing of the Commission and the Common Council was duly held on July 19, 2004 regarding the certification of the Final Program Environmental Impact Report and the 2004 Amended and Restated Redevelopment Plan; and WHEREAS, a Final Program Environmental Impact Report has been prepared in connection with the consideration and approval of the 2004 Amended and Restated Redevelopment Plan, and the Common Council has adopted its resolution entitled: 7 8 9 10 11 12 13 14 15 16 17 18 "RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS, CERTIFYING A FINAL PROGRAM ENVIRONMENTAL IMPACT REPORT, ADOPTING THE MITIGATION MONITORING PLAN FOR THE REINSTATEMENT OF EMINENT DOMAIN POWERS IN THE REDEVELOPMENT PROJECT AREAS OF THE UPTOWN REDEVELOPMENT PROJECT AREA AND THE CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA, AND OTHER ENTITLEMENT ACTIONS, APPROVING CERTIFYING A TRANSPORTATION TRAFFIC IMPACT ANALYSIS REPORT, AND ADOPTING GENERAL PLAN AMENDMENT NO. 04-02"; and 19 20 21 22 23 24 WHEREAS, the Commission has adopted its resolution entitled: 25 -3- P:\AgeDdu\RaolutloDI\ResoIUtloRl\2004\04-07-I9 CCN PH Ordlnauee.doc 1 "RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO MAKING FINDINGS REGARDING CONDITIONS OF BLIGHT IN THE REDEVELOPMENT PROJECT AREA OF THE CENTRAL CITY NORTH REDEVELOPMENT PROJECT, APPROVING THE SECTION 33352 REPORT TO THE MAYOR AND COMMON COUNCIL ON THE 2004 AMENDED AND RESTATED EMINENT DOMAIN AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE CENTRAL CITY NORTH REDEVELOPMENT PROJECT AND APPROVING THE 2004 AMENDED AND RESTATED EMINENT DOMAIN AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE CENTRAL CITY NORTH REDEVELOPMENT PROJECT"; and 2 3 4 5 6 7 WHEREAS, all legal prerequisites to the passage of this Ordinance have occurred and been taken in accordance with applicable law. 8 9 NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: 10 11 Section 1. The facts set forth in the Recitals of this Ordinance are true and correc 12 and are hereby made part of the findings and determinations of the Common Council as relate t the approval of the 2004 Amended and Restated Redevelopment Plan. 13 14 Conditions of blight still affect the Project Area. At the present time, th Section 2. 15 Agency may acquire land in the Project Area by purchase and other negotiated means, but th 16 Agency's power to acquire land necessary for specific redevelopment project activities lapsed i 17 1998. In general, the purpose and intent of the Redevelopment Plan is not changed by the 200 Amended and Restated Redevelopment Plan. The purpose and intent of the Common Counci with respect to the 2004 Amended and Restated Redevelopment Plan is to eliminate and preven the spread of blight in the Project Area. The reinstatement of the Agency's eminent domai authority with respect to all property in the Project Area until August 6, 2013 following th 18 19 20 21 22 adoption of this Ordinance is necessary and appropriate to achieve this purpose and intent. Th 23 2004 Amended and Restated Redevelopment Plan shall assist the Agency to achieve this goal 0 promoting the redevelopment of the Project Area and the general welfare of the inhabitants 0 the City, by enabling the Agency to assemble parcels which are necessary to support specifi 24 25 -4- P:\Age.du\Relolationl\RelokltloDlUOO4\04-07.19 CCN PH Onlln.nce.doe 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 redevelopment activities to prevent and eliminate the spread of blight in the Project Area. Ap from the reinstatement of the power of eminent domain, the rescission of certain speci development regulations in the Redevelopment Plan applicable to land in the Project Area and i the updating of certain other provisions of the Redevelopment Plan relating to relocation an affordable housing in accordance with current provisions of the CRL, the 2004 Amended an Restated Redevelopment Plan does not add territory to the Project Area or make any othe revision to the Redevelopment Plan. Section 3. (a) The Common Council hereby acknowledges its receipt of th written report, dated July 2004, on the 2004 Amended and Restated Redevelopment Plan whic has been prepared pursuant to CRL Section 33352 (the "Section 33352 Report"). As set forth i CRL Section 33457.1, the Section 33352 Report contains the information relating to the 200 Amended and Restated Redevelopment Plan to the extent warranted by the propose reinstatement of the power of eminent domain in the Project Area. The following subsections 0 the Section 33352 Report for the 2004 Amended and Restated Redevelopment Plan do no require further discussions or consideration as the proposed reinstatement of the Agency' redevelopment powers does not change the content or analysis of the matters covered under suc subsections of the report which was prepared and considered by the Common Council unde Section 33352 at the time when the Redevelopment Plan was originally adopted in 1973. Th subsections of the Section 33352 Report relating to the 2004 Amended and Restate Redevelopment Plan where substantive analysis is not required at this time are identified follows: Section 33352(c) Section 33352(d) the Five Year Implementation Plan; why the elimination of blight cannot be accomplished by private party action alone; method of fmancing; the relocation plan; Section 33352(e) Section 33352(f) -5- p:\Alendu\RaolutloDI\RnoIudoall\1OO4\04-07..9 CCN PH Orella.Dee-doe 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Section 33352(g) Section 33352(h) analysis of the preliminary plan; report and recommendation of the Planning Commission; report of the County fiscal officer; and summary of Agency consultations with affected taxing agencies. The reinstatement of the Agency's power of eminent domain does not require furthe analysis at this time under any ofthe foregoing subsections. The Common Council further acknowledges its receipt of the other written reports exhibits and information presented by City and Agency staff and consultants at the joint publi hearing which was conducted prior to the adoption of this Ordinance, together with all writte and oral testimony and statements presented by interested persons prior to the close of such join public hearing. (b) The Common Council hereby finds and determines that the joint public hearin conducted with respect to the 2004 Amended and Restated Redevelopment Plan was full an fair. Section 33352(1) Section 33352(n) Section 4. The Common Council hereby finds and determines that: a. The Common Council has previously found and determined in Ordinance No. 3366, that the Project Area is a blighted area, the redevelopment of which is necessary t effectuate the public purposes declared in the CRL. For the reasons set forth in the Sectio 33352 Report, the Common Council hereby further finds and determines in connection with it consideration of the 2004 Amended and Restated Redevelopment Plan, that such fmdings an determinations originally set forth in Ordinance No. 3366 continue to be valid. Conditions 0 blight in the Project Area as originally observed at the time of adoption of the Redevelopmen Plan remain in existence, which blighting conditions as observed in 2004 include depreciate and/or stagnant property values or impaired investments (33352 Report pages [B-3 to B-4] deteriorated and dilapidated buildings (33352 Report pages [B-4 to B-12]), substandard desig -6- P:\Agendu\ResolutloBAAesoludoB,UOO4\04.07-1' CCN PH OrdlDlUIce.doe 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that prevents or substantially hinders economically viable use or capacity of the buildings or lot (33352 Report pages [B-13 to B-15]) mixed and incompatible commercial, industrial an residential uses (33352 Report pages [B-12 to B-13]), lots of irregular form and size creating hindrance to future development (33352 Report pages [B-13 to B-14]), prevalence of absente owners having detrimental effects on building conditions and their maintenance (33352 Repo page [B-14]), prevalence of building and zoning code violations (33352 Report pages [B-15 t B-17]), high levels of serious criminal offenses in the Project Area (33352 Report pages [B-18 t B-20]), and economic factors constituting blight including unusually high renter ratios, a 10 median income, abnormally high business vacancies, declining sales tax revenues and declinin statistics regarding the numbers of retail and rental sales licenses issued (33352 Report page [B-21 to B24]). In 2004 the Project Area displays symptoms of both "physical and economi blight" as these terms are defined in CRL Section 33031. b. The reinstatement of the power of eminent domain in the Project Area will assis with the redevelopment of the Project Area in conformity with the CRL and is in the interests 0 the public peace, health, safety, and welfare. c. The adoption and carrying out of the 2004 Amended and Restated Redevelopmen Plan remains economically sound and feasible for the same reasons as indicated at the time whe the Redevelopment Plan was adopted. d. The 2004 Amended and Restated Redevelopment Plan will not change th original findings of the Common Council that the Redevelopment Plan is consistent with an conforms to the General Plan of the City including, but not limited to, the Housing Element 0 the General Plan, and the 2004 Amended and Restated Redevelopment Plan rescinds the speci land development standards contained in the Redevelopment Plan in order to clarify that all ne development in the Project Area must conform to the current City General Plan and current Ci zoning and development standards. /11 -7- P:\Alendu\ResolutloDI\ReIoludODIUOO4\04-G7-19 CCN PH OrdlDanee.cIoe 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 e. The adoption and carrying out of the 2004 Amended and Restated Redevelopmen Plan will promote the public peace, health, safety, and welfare of the City and would effectuat the purposes and policies of the CRL and in particular will assist the Agency to elimination an prevent the spread of blight on lands which the Agency may not otherwise be able to acquire b negotiated purchase or cause to be abated by other means. f. The power to acquire real property by condemnation upon the reinstatement of th Agency's power of eminent domain, as provided for in the 2004 Amended and Restate Redevelopment Plan, is necessary to the execution of the Redevelopment Plan, and adequat provisions have been made for payment for property to be acquired, if any, as provided by law. g. The Agency has adopted the relocation rules and regulations of the State 0 California and therefore has a feasible method for the relocation of families and person displaced from the Project Area, if the implementation of the 2004 Amended and Restate Redevelopment Plan should result in the temporary or permanent displacement of any occupant of housing facilities in the Project Area. h. The Common Council hereby finds and declares that in the event that any perso is displaced from the Project Area as the result ofthe Agency's acquisition of property, whethe by exercise of the power of eminent domain or otherwise, that there shall be provided in th Project Area or in other areas not generally less desirable in regard to public utilities and publi and commercial facilities and at rents or prices within the financial means of such persons an families displaced from the Project Area, decent, safe and sanitary dwellings equal in number t the number of and availability to the displaced families and persons and reasonably accessible t their places of employment. 1. The Common Council hereby finds and declares that in the event the Agency ma acquire any property in the Project Area by exercise of the power of eminent domain 0 otherwise, that the families and persons who reside on such property shall not be displaced b the Agency prior to the adoption of a relocation plan pursuant to CRL Sections 33411 an -8- P:\Aaelldu\RaobllkllII\RaoJ.t&oB.\1004\04-07-U CCN PH OrdJDaDee.doe 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 33411.1. Dwelling units housing persons and families of low or moderate income shall not b removed or destroyed prior to the adoption of a replacement housing plan pursuant to C Sections 33334.5, 33341 and 33413.5. J. The elimination of blight and the redevelopment of the Project Area in th absence of the 2004 Amended and Restated Redevelopment Plan is not reasonably expected t be accomplished by private enterprise acting above without the aid and assistance available t the Agency under the 2004 Amended and Restated Redevelopment Plan in light of the fact tha blight continues to exist in the Project Area on a broad and substantial scale, and private prope owners acting alone often cannot address conditions of blight on land which they own or c acquire without Agency assistance because such land, standing alone, is too small in size, to irregular in shape, too obsolete in present use or configuration or is too adversely affected b other blighting conditions which impair its value and limit investment of new capital and preven its economic reuse and redevelopment, all as demonstrated in the Section 33352 Report. k. The time limitation on commencement of eminent domain proceedings containe in the 2004 Amended and Restated Redevelopment Plan, is reasonably related to projects to b implemented in the Project Area and to the ability of the Agency to eliminate blight within th Project Area. The 2004 Amended and Restated Redevelopment Plan does not amend or affec any financial provisions or financial provision or other time limitations or amend or affect th limitation on the number of dollars to be allocated to the Agency that are contained in th Redevelopment Plan. Section 5. The Common Council hereby overrules each and every written and ora objection to the adoption of the 2004 Amended and Restated Redevelopment Plan, as submitte to the Common Council prior to the close of the joint public hearing which preceding th adoption of this Ordinance. The Common Council hereby finds and determines that in calendar year 2004, the Projec Area is a predominantly urbanized area and displays a combination of conditions set forth i -9- P:\Alenda\RaobItklDI\ReIoluflona\2004\04-07-19 CCN PH Ordinance-dot 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CRL Section 33031, and the Section 33352 Report, which remain and are today so prevalent an so substantial that they cause a reduction of, and lack of, property utilization of the lands in th Project Area to such an extent that such conditions constitute a serious physical and economi burden on the community which cannot reasonably be expected to be reversed or alleviated b private enterprises or government action, or both, without redevelopment. Section 6. The Common Council hereby approves and adopts Restated Redevelopment Plan in the form attached to this Ordinance as Exhibit "A" an incorporated herein by this reference. Section 7. The Common Council designates the text of the 2004 Amended an Restated Redevelopment Plan as referenced in Section 6 and as set forth in Exhibit "A" of thi Ordinance (hereinafter, the "Amended Plan"), as the official redevelopment plan for the Centr City North Redevelopment Project. Section 8. The Common Council hereby authorizes and provides for the City' expenditure of money to implement the Amended Plan. Section 9. 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 10. 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. Section 11. The City Clerk shall comply with the applicable procedures of the C with respect to the adoption of this Ordinance, including the transmission of a copy of thi Ordinance to other public entities and the recordation of this Ordinance, or the recordation of Notice of Amended Plan as authorized by the CRL. Section 12. 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 -10- P:\AgUld..\ReIoludonl\ResolutloDIUOO4\B4.-07-19 CCN PH Ordln.nee.doc I portions of this Ordinance. The Common Council hereby declares that it would have adopte 2 this Ordinance and each, section subdivision, sentence, clause, phrase, or portion of thi 3 Ordinance, irrespective of the fact that one or more sections, subdivisions, sentences, clauses 4 phrases, or portions of this Ordinance be declared invalid or unconstitutional. 5 Section 13. The City Clerk shall certify to the passage of this Ordinance and shal 6 cause the same to be published in a newspaper of general circulation as required by law. 7 III 8 III 9 III III 10 III 11 III 12 III 13 III 14 III 15 III 16 III 17 III 18 III 19 III 20 III 21 III 22 III 23 III 24 III 25 III -11- P:\AgeDdu\Rnolutlons\ResohitloDt\2004\04-07-19 CCN PH OrdIIl.lDee.doe 1 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ADOPTING THE 2004 AMENDED AND RESTATED REDEVELOPMENT PLAN FOR THE CENTRAL CITY NORTH REDEVELOPMENT PROJECT 2 3 4 I HEREBY CER TlFY that the foregoing Ordinance was duly adopted by the Mayor and 5 Common Council of the City of San Bernardino at a meeting thereof, held on the 6 day of , 2004, by the following vote to wit: 7 Council Members: Aves Navs Abstain Absent 8 ESTRADA LONGVlLLE MCGINNIS DERRY KELLEY JOHNSON MC CAMMACK 9 10 11 12 13 14 15 Rachel G. Clark, City Clerk 16 The foregoing ordinance is hereby approved this 17 day of ,2004. 18 Judith Valles, Mayor City of San Bernardino 19 20 Approved as to form and Legal Content: 21 22 23 24 25 -12- P:\Agendu\Relollltloas\Resollldolls\2004\04-07-19 ceN PH OnUDaDce.doe July 18,2004 To: City Clerk Honorable Mayor and Common Council members City Hall 300 North "0" Street San Bernardino, Ca 92418 From: Ghassan Norman Abdullah and family 1129 North "F" Street San Bernardino, Ca 92410 Dear H.Mayor and members of the Common Council; We the Abdullah family and many of our neighbors in the Uptown subarea A are writing this letter to object to the reinstatement of eminent domain for the Central City North Redevelopment Project and the "Combined project EIR" RECEIVE'1 -eln CLCHK '04 JIl 19 P2 :20 We believe that taking our homes and displacing our elderly parents who are on fixed incomes and disabled is morally wrong and unconstitutional and doesn't serve the greater public good. You claim it is to eliminate blight in this area. We challenge this notion since it is the city itself that sets the standards and defines what blight is and as they see fit inorder to achieve the overall goal of acquiring property at a lower cost. We think the real reason behind this project is to increase overall tax revenues as a fix for the ailing city budget. We urge you to remove this label "blight" for our area(Uptown Subarea A)where we live and work and promote more home ownership andimprovements .00 not chase us and our families away. This redevelopment project is unconstitutional as it prays on the less fortunate and on the weak with limited resources who are unable to defend for themselves. It takes one mans property and gives it to the wealthy real estate developer or other investors who have more money. Who are these developers any way? is it a secret? shouldn't this information be disclosed to us the residents and citizens of San Bernardino. What is the exact plan?Your constituents need to know this. We take pride in our community, homes, and businesses and we urge you to reject this redevelopment project and in reinstating eminent domain. We do not want to be uprooted from our homes and displaced, nor do we want to have the cloud of eminent domain reign over us and adversely affect our lives,goals and future plans. The EIR is incomplete, inadequate and not thorough enough as it leaves out many issues that are not answered. For example how many disabled citizens ,children, elderly living on fixed income, and other low income residents will be displaced by the project. What about its impact on the number of businesses lost and the number of jobs lost inaddition to the estimated revenues lost and its impact on the unemployment rate. What about the number of churches impacted; I know of four or five at least. What is the impact of this project on the local flora and the dispersion of West Nile Virus. Also the impact on air pollution levels in PPM and dust dispersion and their impact the prevalence of respiratory ailments and for how long. What about the impact of high intensity noise levels greater than 60 decibels which may be quite harmful in themselves. In summary the EIR has many flaws and gaps. Thank you for hearing this objection. Sincerely, GNAbdullah ~ /1/ -j} (23;2 0- ) f1-rYf v . JULY 17,2004 MAYOR AND CITY COUNCIL MEMBERS 300 NORTH D ST SAN BERNARDINO, CA 92418. ~~eEIVF'').em C!H~ '04 JIl 19 P2 :20 PAUL ADAMS 1156 N. F ST SAN BERNARDINO, CA 92410 RE: OBJECTION TO EMINENT DOMAIN FOR THE CENTRAL CITY NORTH REDEVELOPMENT PROJECT. Dear Mayor and City council members: I would like to join in the chorus of individuals that the EIR has ignored. I am one of these individuals that do not have the resources or the ability to speak against the city. It is one of the favorite tricks of lawyers and politicians to use "fuzzy math" and this EIR ~eport uses just that bias statistics that show one side of the story of the people and the business of the proposed area. We have lived under the axe of eminent domain for the last 5 years because of lake and streams project and know we received a letter that you would like to hold this axe for 12 more years. If it is my civic duty to live with the threat of eminent domain, it interferes the constitutional right of freedom of the pursuit of happiness. How can somebody plan his future upon variables that are under the threat of change? The EIR inco~orates the use of statistics that are questionable at best. The EIR states that in the project area that there is a higher percentage of disrepair buildings, higher crime rates, and more code violations. Much like ENRON these numbers are created by the same entity that wishes the power of eminent domain. How can we the people have faith in numbers that are so easily twisted by the need and the whims of the city? If you want to find deterioration of building look harder in the areas you wish, If you want a higher crime rate send more police into the area, and if you want to have more code violations send more code enforcement officers to that area, does this sound right? Finally, the most important reason in which I find myself moved to write Jle3d- I} ) Cj -~()I-J . ..~ tf:" . ' this letter (the people of san Bernardino). When I drive thru this city, I do not see "Blight". I see people working there hardest to put there children through school. I see the pursuit of freedom of religion from the Vietnamese and central American churches who's operators have fled the persecution of the homeland. I see the poor masses that made this country great by hard work. I see the smiles on the face of a small business owner that just paid of his mortgage and finely as the ability to make his dreams come true. I see life, I see hope, But most of all I see America and what it stand for the people. Moreover, Its what I do not see that makes me the happiest I do not see the Sams club, the home depot, the high-rises and the Wal-Mart's that the city would love to come in and destroy the dreams of the individual that could have pride in ownership of his own destiny. Is our future to be limited to working for big corporations as a manager? It is in the Mayor and the city council members hands. I urge you to vote no on the development project and keep the future of san Bernardino in the hands of the people of san Bernardino not out of state developers to fill there coffers with the sweat of the little person. Thank you, Paul Adam .. .. July 17, 2004 Mayor and City Council Memben 300 North D street San Bernardino, Ca. 92418 ''''( 1'\ F\<l\ l\E.eE\IJ\"D .ell v- '04 JIl 19 P 2 '.2Q Deanna H.P. Adams, Ph.D. 11 56 North F street San Bernardino, Ca. 92410 909-884-6105 Re: Objection to Eminent Domain for the Central city North Redevelopment project. Dear Mayor and City Council Memben: This letter Is an objection to the Eminent Domain Central City North Redevelopment project. The City of San Bernardino has targeted our area for Eminent Domain In order to acquire our property and business and dlsaWace us from the place we live, own, and earn our liveUhood. I believe Eminent Domain Is an Injustice forced upon the free enterprise nature to the Constitution. Thus, Eminent Domain Is Interfering with the process of free enterprise and democracy. The only appropriate manner Eminent Domain maybe viewed democratically if the voten agree to such act. I have been a citizen of San Bernardino for 20 yean leaving an affluent and desirable area to make a difference In the environment. I have attracted peoples from all our neighboring cities to Victory Chapel (1156 North F. st.) Our chapel Is the beacon of the neighborhood, and despite of the low Income I receive from the ministry I have been faithful and established "Good Will". I believe the "Good Will" of Victory Chapel was significant to sooth the negative energy and hardness In the environment and changes for 20 years. Despite of "Bllght" Victory Chapel Is an example of free enterprise, vision, and Good-Will. Now, the City of San Bernardino has Increased Real Estate values In excess of 57% and the population has grown In excess of 37% since -Jt:fZ3;) '1-) 9--0 t.j . r' 1999. These are Indicators of prosperity not blight. The population growth and Real Estate boom should help get rid of bUght In our area. This positive change Is the result of dedication, goodwill, and a desire to make a difference to our beloved City of San Bernardino. I look forward to harvesting from seeds sown for 20 years, and since things are looking up In the future for San Bernardino I would like to partake In her prosperity. The future Is bright not blight and I seek the termination of Eminent Domain for the Central City North Enterprise project. The people should be inspired to engage free enterprise and stimulate growth for profit and/or good-will. The city has shown little effort to stimulate and engage free enterprise In this area. Also, I did not receive the letter In the mall. I contacted the Redevelopment department and ask to have the letter sent. Our Vietnamese neighbors (a church) did not understand the letter and our Spanish neighbors (a church) could not find a Interpreter. We are a melting pot of religions, cultures, languages, and need clarity and simplicity in addressing issues regarding the essence of their lives. Thank you. Sincerely, .-.~~ ' ' -? ---- Rev. Deanna H.P. Adams, Ph.D. f July 17, 2004 (' '1 "....!, I"~ ~ ~ ,,_ !"leeF\V:' ,,\, I" . t'\\... Mayor and City Council Members 300 North D street San Bernardino, Ca. 92418 .04 ,ILl \9 P 2 :20 Deanna H.P. Adams, Ph.D. 1156 North F street San Bernardino, Ca. 92410 909-884-61 05 Entp.rp.d into Record at '1 il':~'; COI,,,clllr:mvOevCms Mtg: fl.!.i.:.. bv _. re A~""da Item ~30 Re: Objection to Eminent Domain for the Centrai city North Redevelopment project. ~):1, ~ City Clerk/COC Secy City of Sail Bernardino Dear Mayor and City Council Members: This letter is an objection to the Eminent Domain Central City North Redevelopment project. The City of San Bernardino has targeted our area for Eminent Domain In order to acquire our property and business and displace us from the place we live, own, and earn our livelihood. I believe Eminent Domain is an Injustice forced upon the free enterprise nature to the Constitution. Thus, Eminent Domain is Interfering with the process of free enterprise and democracy. The only appropriate manner Eminent Domain maybe viewed democratically If the voters agree to such act. I have been a citizen of San Bernardino for 20 years leaving an affluent and desirable area to make a difference In the environment. I have attracted peoples from ail our neighboring cities to Victory Chapel (1156 North F. st.) Our chapel Is the beacon of the neighborhood, and despite of the low income I receive from the ministry I have been faithful and established "Good Will". I believe the "Good Will" of Victory Chapel was significant to sooth the negative energy and hardness in the environment and changes for 20 years. Despite of "Blight" Victory Chapel is an example of free enterprise, vision, and Good-Will. Now, the City of San Bernardino has increased Real Estate values in excess of 57% and the population has grown In excess of 37% since :#- f!3 L 7-(1-01 , , t 999. These are indicaton of prosperity not blight. The population growth and Real Estate boom should help get rid of blight in our area. This positive change Is the result of dedication, goodwill, and a desire to make a difference to our beloved City of San Bernardino. I look forward to harvesting from seeds sown for 20 years, and since things are looking up In the future for San Bernardino I would like to partake In her prosperity. The future Is bright not blight and I seek the termination of Eminent Domain for the Central City North Enterprise project. The people should be Inspired to engage free enterprise and stimulate growth for profit and/or good-will. The city has shown little effort to stimulate and engage free enterprise In this area. Also, I did not receive the letter In the mail. I contacted the Redevelopment department and ask to have the letter sent. Our Vietnamese nelghbon (a church) did not understand the letter and our Spanish neighbors (a church) could not find a Interpreter. We are a melting pot of religions, cultures, languages, and need clarity and simplicity In addressing Issues regarding the essence of their lives. Thank you. Sincerely, ,---~~=:_-- , - -- --- --- Rev. Deanna H.P. Adams, Ph.D. July 18,2004 CEntered into Record at -'7 /;; /0:'-"'" ollnc.IICmvOevCms Mtg: To: City Clerk Honorable Mayor and Common Council members City Hall 300 North "D" Street San Bernardino, Ca 92418 From: Ghassan Norman Abdullah and family 1129 North "F" Street San Bernardino, Ca 92410 Dear H.Mayor and members of the Common Council; We the Abdullah family and many of our neighbors in the Uptown subarea A are writing this letter to object to the reinstatement of eminent domain for the Central City North Redevelopment Project and the "Combined project EIR" bV reAIT~r~d~lit~mCi: 'L'~ X3~ '04 ~?)~Oh~ City Clerk/CDC Seey City of San Bernardino We believe that taking our homes and displacing our elderly parents who are on fixed incomes and disabled is morally wrong and unconstitutional and doesn't serve the greater public good. You claim it is to eliminate blight in this area. We challenge this notion since it is the city itself that sets the standards and defines what blight is and as they see fit inorder to achieve the overall goal of acquiring property at a lower cost. We think the real reason behind this project is to increase overall tax revenues as a fix for the ailing city budget. We urge you to remove this label "blight" for our area(Uptown Subarea A)where we live and work and promote more home ownership andimprovements .Do not chase us and our families away. This redevelopment project is unconstitutional as it prays on the less fortunate and on the weak with limited resources who are unable to defend for themselves. It takes one mans property and gives it to the wealthy real estate developer or other investors who have more money. Who are these developers any way? is it a secret? shouldn't this information be disclosed to us the residents and citizens of San Bernardino. What is the exact plan?Your constituents need to know this. We take pride in our community, homes, and businesses and we urge you to reject this redevelopment project and in reinstating eminent domain. We do not want to be uprooted from our homes and displaced, nor do we want to have the cloud of eminent domain reign over us and adversely affect our Iives,goals and future plans. The EIR is incomplete, inadequate and not thorough enough as it leaves out many issues that are not answered. For example how many disabled citizens ,children, elderly living on fixed income, and other low income residents will be displaced by the project. What about its impact on the number of businesses lost and the number of jobs lost inaddition to the estimated revenues lost and its impact on the unemployment rate. What about the number of churches impacted; I know of four or five at least. What is the impact of this project on the local flora and the dispersion of West Nile Virus. Also the impact on air pollution levels in PPM and dust dispersion and their impact the prevalence of respiratory ailments and for how long. What about the impact of high intensity noise levels greater than 60 decibels which may be quite harmful in themselves. In summary the EIR has many flaws and gaps. Thank you for hearing this objection. Sincerely, GNAbdullah _.1-{ IV ~~L 1,-\C,-r--.4 # i JULY 17, 2004 Entered into Record at - - --,.. i. -- n Council/l!iiivfl~CmsiNlg': :', i i 7/1'1 ItSof by '94 JI:/l 19 f3 ~ .LD re Agenda Item 1f.3 t-- MAYOR AND CITY COUNCIL MEMBERS 300 NORTH D ST SAN BERNARDINO, CA 92418. PAUL ADAMS 1156 N. F ST SAN BERNARDINO, CA 92410 ~~ ~ity Clerk/CDC Secy City of San Bernardino ~ RE: OBJECTION TO EMINENT DOMAIN FOR THE CENTRAL CITY NORTH REDEVELOPMENT PROJECT. Dear Mayor and City council members: I would like to join in the chorus of individuals that the EIR has ignored. I am one of these individuals that do not have the resources or the ability to speak against the city. It is one of the favorite tricks of lawyers and politicians to use "fuzzy math" and this EIR report uses just that bias statistics that show one side of the story of the people and the business of the proposed area. We have lived under the axe of eminent domain for the last 5 years because of lake and streams project and know we received a letter that you would like to hold this axe for 12 more years. Ifit is my civic duty to live with the threat of eminent domain, it interferes the constitutional right of freedom of the pursuit of happiness. How can somebody plan his future upon variables that are under the threat of change? The EIR incorporates the use of statistics that are questionable at best. The EIR states that in the project area that there is a higher percentage of disrepair buildings, higher crime rates, and more code violations. Much like ENRON these numbers are created-by the same entity that wishes the power of eminent domain. How can we the people have faith in numbers that are so easily twisted by the need and the whims of the city? If you want to find deterioration of building look harder in the areas you wish, If you want a higher crime rate send more police into the area, and if you want to have more code violations send more code enforcement officers to that area, does this sound right? Finally, the most important reason in which I find myself moved to write {te32- 7-/9-0Cf . 1 this letter (the people of san Bernardino). When I drive thru this city, I do not see "Blight". I see people working there hardest to put there children through school. I see the pursuit of freedom of religion from the Vietnamese and central American churches who's operators have fled the persecution of the homeland. I see the poor masses that made this country great by hard work. I see the smiles on the face of a small business owner that just paid of his mortgage and finely as the ability to make his dreams come true. I see life, I see hope, But most of all I see America and what it stand for the people. Moreover, Its what I do not see that makes me the happiest I do not see the Sams club, the home depot, the high-rises and the Wal-Mart's that the city would love to come in and destroy the dreams of the individual that could have pride in ownership of his own destiny. Is our future to be limited to working for big corporations as a manager? It is in the Mayor and the city council members hands. I urge you to vote no on the development project and keep the future of san Bernardino in the hands of the people of san Bernardino not out of state developers to fill there coffers with the sweat of the little person. Thank you, Paul Adam Clark Ra From: Sent: To: Subject: JENNIFER MANCEBO [MANCEBO@lbbslaw.com] Monday, July 19, 200412:28 PM Ross_Va; TIM Saba; Clark_Ra; gvosdel@sbrda.org; Pacheco_Ma; mtrout@sbrda.org Monday Morning Revised Joint Public Hearing Script ~ ~ Shortened Public Hearing Scrip... Attached is the Monday morning edition of the Joint Public Hearing Script. ~t includes a number of reV1S1ons suggested by Valerie Ross as well as Maggie Pacheco. In addition, as presently drafted if there is an objection to either Redevelopment Plan Amendment, then all action of the Commission and the Common Council will be continued to another meeting date at which time the written response to objections will be considered. If there is an objection the enclosed draft does NOT contemplated that the Mayor and Common Council will certify the Program EIR and adopt the General Plan Amendment No. 04- 02. Everything will simply be continued to the City Council Agenda at which the written response to objections can be submitted. (Likely the meeting of August 16, 2004) As revised, the script effectively ends on page 14 after the Commission and Common Council have returned from a brief recess at the conclusion of public testimony (See page 11 of revised script) . If you have any comments please contact me. I will be in Maggie Pacheco's office as of 2:00 pm this afternoon. David F. Gondek Jennifer Mancebo Lewis Brisbois Bisgaard & Smith LLP 650 East Hospitality Lane Suite 600 San Bernardino, CA 92408 (909) 387-1130 Fax (909) 387-1138 1 PUBLIC HEARING SCRIPT GENERAL PLAN AMENDMENT NO. 04-02 PROGRAM ENVIRONMENTAL IMPACT REPORT AND AMENDMENT TO THE REDEVELOPMENT PLANS FOR THE UPTOWN AND CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREAS Date of Public Hearings: July 19, 2004 GENERAL PLAN AMENDMENT NO. 04-02, FINAL PROGRAM ENVIRONMENTAL IMPACT REPORT CERTIFICATION AND AMENDMENTS TO EXTEND EMINENT DOMAIN POWER ON ALL PROPERTY IN THE UPTOWN AND CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREAS Subject: [CALL TO ORDER] Mayor: "We will now move on the first of three (3) public hearings on the amendments to the Uptown Redevelopment Plan and the Central City North Redevelopment Plan and General Plan Amendment No. 04-02 and the Program EIR for these." "These three (3) public hearings are identified on our posted agenda for this meeting as Agenda Item No. 30 and Agenda Item No. R-31 and Agenda Item No. R-32. "The Common Council does not generally have three (3) separate but interrelated public hearings on redevelopment plan amendments on our agenda, so I believe that Mr. Gary Van Osdel, our Redevelopment Agency Executive Director should say a few words about the public hearings we will be considering this afternoon." Gary Van Osdel: "These three (3) public hearings all relate to redevelopment matters. This afternoon the Community Development Commission and the Common Council will consider a redevelopment plan amendment to reinstate condemnation powers of the Agency for one of the oldest redevelopment plans - Central City North Redevelopment Project (1973) as well to reinstate condemnation powers for one of the newer redevelopment projects - the Uptown 4812-7078-2976.1 7{19/04 Page 1 Redevelopment Project (1986). There is also a Project Environmental Impact Report and General Plan Amendment which goes along with these redevelopment plan amendments." Gary Van Osdel: "Notices for these public hearings were sent by mail to property owners, businesses and residents in the Uptown Redevelopment Project and the Central City North Redevelopment Project, about one month ago. Some of the folks here this aftemoon have received mailed notice of the proposed amendment to the Uptown Redevelopment Project and Final Program EIR certification, and other folks have received mailed notice of the proposed amendment to the Central City North Redevelopment Project and Final Program EIR. And finally - a small number of people here this aftemoon may also have received mailed notice within the last two weeks or so of the public hearing for the General Plan Amendment which affects a small portion of the Uptown Redevelopment Project Area or Subarea B as we call it." "Redevelopment is an important program for our City and it provides means for our community to improve property values and our quality of life. All three (3) of the public hearings relate to redevelopment. " Mayor: "I hereby declare open the first of our three (3) related public hearings this afternoon. This is now the time and place for the Mayor and Common Council to consider proposed General Plan Amendment No. 04-02 and the Final Program EIR for the Uptown and Central City North Redevelopment Project Amendments." Mayor: "Now is also the time and place and I hereby declare open the joint public hearing of the Mayor and Common Council and the Community Development Commission (this is joint public hearing Agenda Item No. R-31) to consider the Amendment to the Redevelopment Plan for the Uptown Redevelopment Project and an ordinance adopting the Amendment, and related matters and the Program EIR." Mayor: "For the purpose of the joint public hearing to be conducted by the Common Council and the Commission, as mayor of the City of San Bernardino, I will chair this joint public hearing." Mayor: 'Will the City Clerk please call the roll for the Commission Members and the Common Council Members meeting in joint public hearing session?" City Clerk: [Roll call for Common Council] 4812-7078-2976.\ 7/19104 Page 2 [Roll call for Commission] Mayor: "Now is also the time and place for our third related public hearing and I hereby declare open the joint public hearing of the Mayor and Common Council and the Community Development Commission to consider the Amendment to the Redevelopment Plan for the Central City North Redevelopment Project, an ordinance adopting the Amendment, and related matters." Mayor: 'WiII the City Clerk also note on the record that the roll call for this Agenda Item No. R-32 joint public hearing Common Council and the Commission is the same as for joint public hearing Agency item No. R-31?" City Clerk: "I will so note on the minutes." Mayor: "Mr. Van Osdel, could you please give us a brief overview of the matters you believe will be covered in these three public hearings?" Gary Van Osdel: "As the Mayor has indicated there are three public hearings and a Program Environmental Impact Report (the "Program EIR") has been prepared which covers each of the public hearings. Except for potential acquisition of land in the Uptown Project Subarea B for the Mercado Santa Fe Project - the Redevelopment Agency has no plans or is aware of any potential or specific redevelopment activities where private property may be acquired with Redevelopment Agency assistance. The Program EIR considers the potential environmental effects of: . the proposed General Plan Amendment No. 04-02 which is the first public hearing - Ms. Valerie Ross the Deputy Director/City Planner will be the lead person for this staff presentation. The General Plan amendment affects the area just to the west of the 215 Freeway and to the north of 2nd Street - about 20 acres. This area is inside the Uptown Redevelopment Project. The General Plan Amendment changes the industrial land use designation for this area to commercial - Also as part of this first public hearing City staff will present some of the details about the proposed Mercado Santa Fe Project which takes in the land where the EI Tigre Market is now located; . the second public hearing is Common Council Agenda item No. R-31 - this is a joint public hearing of the Common Council with the Community Development Commission 4812-7078-2976.1 7/19/04 Page 3 relating to the Uptown Redevelopment Project and the reinstatement of the eminent domain powers of the Redevelopment Agency in the Uptown Project for the next twelve (12) years; . the third public hearing is Common Council Agenda Items No. R-32 - it is also a joint public hearing by the Common Council with the Community Development Commission relating to the reinstatement of the eminent domain powers of the Redevelopment Agency in the Central City North Redevelopment Project for the next nine (9) years." Gary Van Osdel: "After all three (3) of these public hearings are completed then the Common Council and the Commission will consider taking formal action on these public hearings as appropriate. rFPPC/FAIR POLITICAL REFORM ACT POTENTIAL CONFLICT ISSUES1 Mayor: "Before we get into the substance of any of these public hearings I think it is appropriate to ask my colleagues if any of them own property or have any economic interest in these redevelopment projects which they think may be significantly affected by the General Plan Amendment or the Redevelopment Plan amendments. If so, I request that the Council Member please state for the record what that interest is and whether the Council member believes that such an economic interest may disqualify them from participating in our public hearings today." Common Council Member: [Each Common Council member indicates whether he/she may have a conflicts disclosure issue, as applicable] Mayor: "Thank you." Mayor: "If any member of the public wants to speak to any of these matters, please get one of our speaker cards and fill it out and hand it to one of our City Clerk's assistants here at the front of the Council Chambers - that way when the time comes after the City and Agency staff reports, the Commission and the Common Council will consider your comments, and I will call your name and you can come up here to the pOdium and give us your comments." Mayor: "Please write on your speaker card whether you want to speak on public hearing Number 30 (the General Plan/Program EIR) or public hearing Number R-31 (Uptown Re~velopment Plan Amendment) or public hearing Number R-32 (Central City North)." 4812-7078-2976.\ 71\9/04 Page 4 Mayor: Mayor: City Clerk: Mayor: Mayor: Mayor: Valerie Ross: Valerie Ross: Mayor: Common Council Members: 48\2-7078-2976.\ 7/19104 "If you are not sure which public hearing you want to speak about - that is o.k. just write the words "Redevelopment - Not Sure Which Project Area" on your speaker card and staff can determine the item for you." "If you think you are going to want to speak on any of these three (3) public hearings and the Program EIR please stand-up at this time and the City Clerk can administer the oath to you regarding the truthfulness of the testimony you may want to give this afternoon." [Administration of oath for all three (3) public hearings] "Thank you." "Now if you have a statement in writing which you want to present to the City or the Redevelopment Agency this afternoon regarding any of the three (3) public hearings, please hand that written statement to the City Clerk at this time so that your written statement can be included in our records." "Our first public hearing is for proposed General Plan Amendment No. 04-02 and the certification of the Program EIR. Before we actually consider public testimony for this public hearing we will receive a staff report from Valerie Ross, Deputy Director/City Planner - Ms. Ross." "Thank you. Before I get into my report on the General Plan Amendment and the Program EIR, please allow me to point out that we have a number of maps and drawings here. There is a large map of the Uptown Redevelopment Project Area boundaries and a large map which shows the Central City North Redevelopment Project boundaries. Also, we have a large map which shows the area which is affected by General Plan Amendment No. 04-02. Finally, I have a site plan and some conceptual drawings here in the front of Council Chambers which show the Mercado Santa Fe project. [Additional Presentation by Valerie Ross of Staff Report on General Plan Amendment, TIA and Program EIR] "Thank you: are there any questions for City staff at this time?" [Questions from Council members] Page 5 Valerie Ross: [Responses to questions from Common Council Members] Mayor: 'Will our Economic Development Agency Executive Director, Gary Van Osdel please provide the staff presentation for the Uptown Redevelopment Plan Amendment and the Central City North Redevelopment Plan Amendment." Gary Van Osdel: [Gary Van Osdel Presents Uptown Materials]: [Subtopic No.1 - Uptown Materials and Binder]: There is a large 3-ring binder of written materials which each member has received - This binder contains 12 tabs - and different materials are under each tab. For example, Tab No.1 is the Staff Report and Tab No.3 is the Section 33352 Report to the Common Council. ,/ Written staff report (Tab No.1 of Binder); ,/ Summary of the background and reasons for the Amendment to the Redevelopment Plan for the Uptown Project Area; ,/ [Mike Trout] Summary of notices and mailing dates issued by Agency for Uptown; ,/ Summary of Project Area Committee process; [Subtopic No.2 Central City North Materials and Binder]: There is also a large 3-ring binder of materials for Central City north Plan Amendment. It also includes 12 tabs - Tab No.1 is the Staff Report and Tab NO.3 is the Section 33352 Report. ,/ Written staff report (Tab NO.1 of Binder); ,/ Summary of the background and reasons for the Amendment to the Redevelopment Plan for the Uptown Project Area; ,/ [Mike Trout] Summary of notices and mailing dates issued by Agency for Uptown; Summary of Project Area Committee process; Don Gee: [Presents the Section 33352 Reports to Mayor and Common Council. (Tab NO.3 of Binder for Uptown also Tab No.3 of Binder . for Central City North)] 48\2-7078-2976.\ 7/19/04 Page 6 Gary Van Osdel: Mayor: Common Council Members: Agency staff: City Attorney/ Agency Special Counsel: Mayor: 4812-7078-2976.1 7/]9/04 "Mayor - we believe there has been very thorough documentation presented in the Agenda materials - the Section 33352 Reports for each project - which confirm that blight still exists in both of these project areas and that the reinstatement of the Agency's powers of eminent domain will be an important and effective tool to help the Agency eliminate blight." "Do any members of the Commission and the Common Council have any questions at this time for the Agency staff or the consultant?" [Specific questions are presented to Agency staff] [Responds to specific questions of Commission/Common Council] "I request introduction of the following documents in evidence for joint public hearing R-31." ,/ the affidavit of The Sun newspaper regarding the publication of the notice of joint public hearing for the Uptown Redevelopment Plan Amendment - EXHIBIT 2-1; ,/ the affidavit of Michael Trout of mailing of notice of joint public hearing to property owners and to occupants for the joint public hearing for the Uptown Redevelopment Plan Amendment - EXHIBIT 2-2; ,/ the 3-ring black binder of documents for the Uptown Redevelopment Plan Amendment which contains documents identified under each of the 12 tabs in the index, including the text of the Staff Report at Tab No.1, the Section 33352 Report at Tab No. 3 and the text of the Redevelopment Plan Amendment at Tab No.4 - EXHIBIT 2.3; ,/ the CD ROM identified by the expert witness and redevelopment consultant to the Agency, Mr. Don Gee, containing the property condition survey data for the Uptown Redevelopment Project Area on which the Section 33352 Report is based - EXHIBIT 2-4. "If there are no objections, Exhibits 2-1, 2-2, 2-3, and 2-4 are accepted in evidence." Page 7 City Attorney! Agency Special Counsel: Mayor: City Attorney! Agency Special Counsel: City Clerk: 4812-7078-2976.1 7/19104 "I request introduction of the following documents in evidence as relates to the Central City North Redevelopment Plan amendment and joint public hearing R-32." ./ the affidavit of The Sun newspaper regarding the publication of the notice of joint public hearing for the Central City North Redevelopment Plan Amendment - EXHIBIT 3-1; ./ the affidavit of Michael Trout of mailing of notice of joint public hearing to property owners and to occupants for the joint public hearing for the Central City North Redevelopment Plan Amendment - EXHIBIT 3-2; ./ the 3-ring black binder of documents for the Central City North Redevelopment Plan Amendment which contains documents identified under each of the 12 tabs in the index, including the text of the Staft Report at Tab No.1, the Section 33352 Report at Tab No. 3 and the text of the Redevelopment Plan Amendment at Tab No.4 - EXHIBIT 3-3; ./ the CD ROM identified by the expert witness and redevelopment consultant to the Agency, Mr. Don Gee, containing the property condition survey data for the Central City North Redevelopment Project Area on which the Section 33352 Report is based - EXHIBIT 3-4. "If there are no objections, Exhibits 3-1, 3-2, 3-3, and 3-4 are accepted in evidence." "I will now ask the City Clerk to enter into the record at this joint public hearing any written objection concerning the Uptown Amendment that has been received by the City Clerk up to now." [Describes by author and date each letter or statement and states that the same was distributed to each member of the Common Council. (If letters are received that have not previously been distributed to the Common Council members, or distributed to Common Council members at the meeting, these letters should be read into the record. If no written objections are received, Clerk should state that none have been received)] Page 8 Mayor: "I will now ask the City Clerk to enter into the record at this joint public hearing any written objection concerning the Central City North Amendment that have been received by the City Clerk up to now," City Clerk: [Describes by author and date each letter or statement and states that the same was distributed to each member of the Common Council. (If letters are received that have not previously been distributed to the Common Council members, or distributed to Council members at the meeting, these letters should be read into the record. If no written objections are received, Clerk should state that none have been received)] Gary Van Osdel: "Mayor, I would like to address the process for these public hearings relating to the Uptown Redevelopment Project and the Central City North Redevelopment Project. The process was started over two (2) years ago by the City and the Redevelopment Agency. Since that time the staff of the Redevelopment Agency have sent numerous notices by mail to property owners, residents and businesses in the Uptown Redevelopment Project Area and in the Central City North Redevelopment Project Area. Notices of public meetings have also been published several times in the newspaper. Last year property owners and residents and business representatives held elections for the selection of Project Area Committee Members for the Uptown Redevelopment Project. In 2004 a Project Area Committee for Central City North was formed." Mayor: "I believe that some members from the Uptown Project Area Committee and the Central City North Project Area Committee are here with us this afternoon is that correct Mr. Van Osdel? I would like them to stand up at this time and be recognized." Mayor: "On behalf of my colleagues on the Common Council, I want to thank each of you for your service to the community. Your work on the Project Area Committee will help our community to keep our momentum going on improving our neighborhoods and especially improving the Uptown Redevelopment Project and the Central City North Redevelopment Project. Thank you." Mayor: "Thank you - now it is time to actually begin the public testimony for all three of our pUblic hearings: Common Council pUblic hearing No. 30, Commission and Common Council public hearing No. R-31 and Commission and Common Council public hearing No. R-32: Mayor: I have some speaker cards - I will call some names and if those persons can come up and sit here in front and then you can give us 4812-7078-2976.1 7119104 Page 9 Mayor: Mayor: Mayor: Mayor: Mayor: Mayor: Mayor: Mayor: Mayor: 4812-7078-2976.1 7119/04 your comments while you stand at the podium in the order that I call your name." [Mayor calls 3 names] "Please give your name and address and the address of the property you own or which you have questions about when you speak. We have a stenographer who is transcribing our public hearing testimony today - so try to speak clearly and directly into the microphone - Also tell us whether you support or oppose either one of the Redevelopment Plan amendments which are of interest to you and whether you support or oppose the General Plan Amendment." "Please also direct your testimony and any question you have to me. That way I can instruct the appropriate City or Agency staff person to respond." "There are many people who may want to speak today and so we will wait to answer specific questions until after we have received your comments and the comments of other interested folks before to try to answer them. Please also bear in mind that your testimony should be relevant to the matter we are considering here today." [Mayor Calls Speaker NO.1 to give testimony] Speaker NO.1 testimony [Mayor Calls Speaker NO.2 to give testimony] Speaker NO.2 testimony [Mayor Calls Speaker No. 3 and Mayor also reads 3 more names and asks those persons to walk down to the front and wait to be called for the time at the podium] Speaker No.3 testimony, ETC, ETC, ETC. "I believe that is may last speaker card for these three (3) public hearings - Did I miss anyone? Is there anyone whose name I did not call who wants to speak on this matter?" [other persons??] "Alright, I believe that is all the testimony for the moment" - Page 10 Mayor: "At this time are there any questions for the City staff or Agency staff from the Commission and Council Members?" Council Members: [Questions from Commission and Council Members to City staff and Agency staff] City staff: [City staff response to questions from Commission and Council Members] Agency staff: [Agency staff response to questions from Commission and Council Members] Mayor: "Let us take a recess from all three (3) of these public hearings." Mayor: "Do I hear a motion of the Common Council and the Commission to recess all three (3) of these public hearings Agenda Item 30 and R- 31 and R-32 for 10 minutes?" Council Member: [I make a motion to so recess] Council Member: [I second that motion] Mayor: "I have a motion and second - any discussion?/any objection? Seeing none I order Common Council and the Commission public hearings recessed for 10 minutes." [RECESS FOR ALL THREE PUBLIC HEARINGS) Mayor: "Thank you, we are returned in session for our three (3) public hearings this afternoon on the General Plan Amendment, Traffic Impact Analysis Report the Program EIR, the Uptown Redevelopment Plan amendment and the amendment to the Central City North Plan. Will staff please give us a report on how you recommend that we respond to comments that we have heard earlier this afternoon relating to the Redevelopment Plan amendments." Valerie Ross: [Summary response to comments] Gary Van Osdel: [Summary response to comments] Mayor: "Thank you for those reports. Based on that I believe that it is appropriate for us to close these joint public hearings. Do I hear a motion of the Common Council and Commission to close the joint public hearing Agenda Item No. R-31 and R-32 (Uptown Redevelopment Plan Amendment)?" 4812-7078-2976.1 7/19/04 Page 11 Commission Member: "I move that the Common Council and the Commission close these joint public hearings R-31 and R-32." Commission Member: "I second the motion." Mayor: "There is a motion and a second - hearing no objection the joint public hearings of the Common Council and Commission are closed - these are is Agenda Items No. R-31 and R-32." Mayor: "Do I hear a motion for the Common Council to close the public hearing on the Program EIR, the Traffic Impact Analysis Report, the Mitigation Monitoring Plan, the Statement of Overriding Considerations and the approval of General Plan Amendment No. 04-02?" Common Council Member: "I move that Common Council joint public hearing No. 30 be closed." Common Council Member: "I second the motion." Mayor: "There is a motion and second - hearing no objection this public hearing Agency Item No. 30 of the Common Council is closed." [CLOSE PUBLIC HEARING ON GENERAL PLAN AMENDMENT NO. 04-021 [END OF ALL PUBLIC HEARINGS1 [Discussion and action on implementing actions relating to all three public hearings including adopting resolutions and ordinances as applicable Please note that if objections are received on the proposed Uptown Plan Amendment and/or the proposed Central City North Plan Amendment then the Commission may take no action relating to any of the Commission resolutions described below and the Common Council may take no action on the resolution certifying the Program EIR and General Plan Amendment No. 04-02 or either of the two ordinances described below] 4812-7078-2976.1 7/19/04 Page 12 IF WRITTEN AND/OR ORAL OBJECTIONS ARE RECEIVED FOR THE UPTOWN AMENDMENT: Mayor: City Attorney/ Agency Special Counsel: Mayor: Mayor: "Now I believe we need to consider taking action on the Uptown Redevelopment Plan Amendment. Mr. Van Osdel or one of our lawyers what do you believe is indicated at this time?" 'We have received certain written materials which could constitute objections to the adoption of the amendment to the Uptown Redevelopment Plan. Pursuant to Sections 33363 and 33364 of the California Community Redevelopment Law, where such written objections are received, the Common Council is required to respond in writing before proceeding to consider adoption of the Plan Amendment. In light of this requirement, I would request that the Council/Commission schedule consideration of the receipt of written responses to objections at the meeting of the Council/Commission on August _, 2004." "Are there any questions by members of the Council/Commission?" [Questions by members of the Council/Commission, if any.] "If there is no objection, this matter will be presented to the Commission and the Common Council at the August _, 2004 meeting for consideration by the Council/Commission when final consideration will be given to responses to the objections to the Uptown Amendment submitted prior to or at the joint public hearing." IF WRITTEN AND/OR ORAL OBJECTIONS ARE RECEIVED FOR THE CENTRAL CITY NORTH AMENDMENT: Mayor: City Attorney/ Agency Special Counsel: 4812-7078-2976.1 7119104 "Now I believe we need to consider taking action on the Central City North Redevelopment Plan Amendment. Mr. Van Osdel or one of our lawyers what do you believe is indicated at this time?" 'We have received certain written materials which could constitute objections to the adoption of the Central City North amendment to the Redevelopment Plan. Pursuant to Sections 33363 and 33364 of the California Community Redevelopment Law, where such written objections are received, the Common Council is required to respond in writing before proceeding to consider adoption of the Page 13 Plan amendment. In light of this requirement, I would request that the Council/Commission schedule consideration of the receipt of written responses to objections at the meeting of the Council/Commission on August _' 2004." Mayor: "Are there any questions by members of the Council/Commission?" [Questions by members of the Council/Commission, if any.] Mayor: "If there is no objection, the matter will be return to us at the August _, 2004 Council/Commission meeting and consideration will be given to responses to the objections to the Central City North Redevelopment Plan Amendment submitted prior to or at the joint public hearing." [CONTINUE ACTION ON CERTIFICATION OF PROGRAM EIR AND GENERAL PLAN AMENDMENT NO. 04-02] Mayor: "Now that we have taken care of the two (2) redevelopment plan amendments we should consider the Program EIR and the General Plan Amendment. Ms. Ross what do you suggest?" Valerie Ross: "Since the Commission and the Common Council cannot take final action of either of the Redevelopment Plan Amendments until after the written responses to objection are prepared and submitted for your considerations, I recommend that the Common Council continue its final consideration of certification of the Final Program EIR, the TIA, the Mitigation Monitoring Plan and the Statement of Overriding Considerations as well as the General Plan Amendment No. 04-02 until August _' 2004, and after you have considered those written responses to objections." . Mayor: "If there is no objection, this matter involving the certification of the Final Program EIR and the approval of General Plan Amendment No. 04-02 will be continued until August _, 2004." [END OF SCRIPT WHERE OBJECTIONS HAVE BEEN SUBMITTED TO EITHER REDEVELOPMENT PLAN AMENDMENTl 4812-7078-2976.1 7/19/04 Page 14 [IF THERE ARE NO OBJECTIONS TO EITHER REDEVELOPMENT PLAN AMENDMENT - THEN THE FOLLOWING MAY BE CONSIDERED1 Mayor: "The next business item on our Common Council agenda is to consider the adoption of the resolution certifying the Final Program EIR, approving the Transportation Impact Analysis Report, approving the Mitigation Monitoring Plan and adopting a Statement of Overriding Considerations for the Redevelopment Plan Amendments and the General Plan Amendment." Mayor: "Is there any discussion about this proposed action?" Common Council Member: [Discussion, if any] Mayor: "Do I hear a motion to adopt the resolution?" Common Council Member: "I move that the following resolution be adopted: "RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING THE FACTS, FINDINGS AND STATEMENTS OF OVERRIDING CONSIDERATION, CERTIFYING THE PROGRAM ENVIRONMENTAL IMPACT REPORT, ADOPTING THE MITIGATION MONITORING PLAN FOR THE REINSTATEMENT OF EMINENT DOMAIN IN THE UPTOWN AND CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA PLANS AND OTHER ENTITLEMENT ACTIONS, CERTIFYING THE TRAFFIC IMPACT ANALYSIS REPORT AND ADOPTING GENERAL PLAN AMENDMENT NO. 04-02" Common Council Member: "I second the motion." Mayor: "I have a motion and a second and if there is no further discussion I believe that the Common Council should vote on this resolution." IF NO WRITTEN AND/OR ORAL OBJECTION IS RECEIVED REGARDING UPTOWN: Mayor: "Since there is no objection to the Uptown Redevelopment Plan amendment the Community Development Commission will now act on the following resolution entitled:" 4812-7078-2976.1 7/19/04 Page 15 "RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AS A RESPONSIBLE AGENCY UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS, AND MAKING FINDINGS THAT A FINAL PROGRAM ENVIRONMENTAL IMPACT REPORT, AND THE MITIGATION MONITORING PLAN FOR THE REINSTATEMENT OF EMINENT DOMAIN POWERS IN THE REDEVELOPMENT PROJECT AREAS OF THE UPTOWN REDEVELOPMENT PROJECT AND THE CENTRAL CITY NORTH REDEVELOPMENT PROJECT FULLY AND ADEQUATELY ADDRESS THE POTENTIAL ENVIRONMENTAL EFFECTS OF THE APPROVAL BY THE COMMISSION OF SUCH REDEVELOPMENT PLAN AMENDMENTS." Mayor: "Is there a motion or further discussion on this Commission resolution?" [COMMISSION VOTE ON AGENCY CEQA RESOLUTION] Mayor: ''The Community Development Commission can now act on the following resolution entitled:" "RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO MAKING FINDINGS REGARDING CONDITIONS OF BLIGHT IN THE REDEVELOPMENT PROJECT AREA OF THE UPTOWN REDEVELOPMENT PROJECT, APPROVING THE SECTION 33352 REPORT TO THE MAYOR AND COMMON COUNCIL ON THE 2004 EMINENT DOMAIN AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE UPTOWN REDEVELOPMENT PROJECT AND APPROVING THE 2004 EMINENT DOMAIN AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE UPTOWN REDEVELOPMENT PROJECT" [COMMISSION VOTE ON AGENCY BLIGHT FINDING RESOLUTION] Mayor: "The Mayor and Common Council will now act on the following ordinance entitled:" "AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ADOPTING THE 2004 EMINENT DOMAIN AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE UPTOWN REDEVELOPMENT PROJECT" 4812-7078-2976.\ 7/]9/04 Page 16 Mayor: "Is there a motion or further discussion?" [ COMMON COUNCIL ACTION] Mayor: "The Common Council will now introduce and conduct first reading (by title only): "AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ADOPTING THE 2004 EMINENT DOMAIN AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE UPTOWN REDEVELOPMENT PROJECT" Mayor: "Is there a motion or further discussion?" IF NO WRITTEN OR ORAL OBJECTION IS RECEIVED REGARDING CENTRAL CITY NORTH: "RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO MAKING FINDINGS REGARDING CONDITIONS OF BLIGHT IN THE REDEVELOPMENT PROJECT AREA OF THE CENTRAL CITY NORTH REDEVELOPMENT PROJECT, APPROVING THE SECTION 33352 REPORT TO THE MAYOR AND COMMON COUNCIL ON THE 2004 EMINENT DOMAIN AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE CENTRAL CITY NORTH REDEVELOPMENT PROJECT AND APPROVING THE 2004 EMINENT DOMAIN AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE CENTRAL CITY NORTH REDEVELOPMENT PROJECT" Mayor: "Is there a motion or further discussion on this Commission resolution?" [COMMISSION ACTION ON BLIGHT FINDINGS RESOLUTION FOR CENTRAL CITY NORTH] Mayor: "The Common Council will now act on the following ordinance entitled:" "AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ADOPTING THE 2004 AMENDED AND RESTATED REDEVELOPMENT PLAN FOR THE CENTRAL CITY NORTH REDEVELOPMENT PROJECT" Mayor: "Is there a motion or further discussion?" 4812-7078-2976.\ 7/19/04 Page 17 Mayor: lEND OF SCRIPTl 4812-7078-2976.1 7/19104 [COMMON COUNCIL ACTION] "The Common Council will now introduce and conduct first reading (by title only)." "AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ADOPTING THE 2004 AMENDED AND RESTATED REDEVELOPMENT PLAN FOR THE CENTRAL CITY NORTH REDEVELOPMENT PROJECT" Page 18 THE SUN 399 North" O"$treet San Bernardino, CA 92401 (909) 397-3986 MARGART PARKER ECONOMIC DEVELOPMENT AGENC 201 NORTH EST SAN BERNARDINO, CA 92401 PROOF OF PUBLICATION (2015.5 C.C.P.) State of California ) County of San Bernardino ) 55 Notice Type: HRGSe NOTICE OF HEARING-S8 Ad Description: NORTH REDEVELOPMENT PROJECT AREA I am a citizen of the United States, over the age of eighteen years, ani to or interested in the above entitled matter. I am the representative ( and publisher of The Sun, a daily newspaper printed and published in language in the City of San Bernardino, County of San Bernardino, 81 a newspaper of general circulation as defined by the laws of the State by the Superior Court of the County of San Bernardino, State of Calil date June 20,1952, Case No. 73084. That the notice, of which the <l printed copy, has been published in each regular and entire is: newspaper and not in any supplement thereof on the following dates, ! 06124/04,07/01/04,07/08104 Executed on: 07/0812004 At Los Angeles, California I certify (or declare) under penally of pe~ury that the foregoing is true ~,Lwu Signature --- NOTICE OF JOINT PUBLIC HEARING OF THe MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMM~ Of THE CITY OF SAM BERNARDINO -, PROPOSED ADOPTION Of' A 2OD4 AMENDED AND RESTATED REDEVELOPMENT PLAN FOR THE CEHTJIAL CITY NORTH REDEVELOPMENT PROJECT AND CERTIfICATION OF A RNAL ENVIRONMENTAL IMPACT REPORT FOR THE UPTOWN REDEVELOPMENT PROJECT AREA AND THE CENTRAl. CITY NORTH REDEVELOPMENT PROJECT AREA NOTICE IS HEREBY GIVEN THAT !he Mayor end Common CouncI of !he City 01 San Bemsrdil'l<l ('Mayor and Common Gounoin and lhe CommlKlily Dev8lopmlfll Comrnlssion of ttle City 01 San 6emardno ('C<<nmia8i0n') acIing as Ihe R&deveklpmenl A!1eflCY ollhB Cily oj San BemaldloorA\lBfICY') M100nduetajoirolplotllicheamgOl1 Mor>day,July 19,2004,814:00p.m"OtasSOO!1lheres1teru may 00 prae!ical,io Ih&CityHaICouI'lCilChemb8rs.CityofSan Barnsn:line,300North'D'Slfeet,SanBeman:lirlo,CA92401. ThepurpoMoftlejoinlpublic:h8llringwiPbet(lCOll$ider. (i) Ihe certificatiOl1 otefinsl En't'tron1ll8f11ellmpaotRsportlorlheUjltOWfl RedeYelopmantProjectAree.andtt\eCsfllraICilyNorthRedevelopmenlProjeclArea(lhe'Combt'l&dProjacIEIRipufllUMI10IheCelilorrne Environmen1al QueJt)'Ac1 ('CECA'): end (~) the approval of a pi"Op<lMd 2004 Aro.nded and Reslel8d RidBveklpment Plen \of \he Cen!ral Cily Nor1hR<<!eveIopmen1Projeo\('ArnenOOlent"), PfojeetLOCIIIon:TheredevelopmentprojeclareaoflheCen!raICilyRel;levelopm9ntl'Projec:tArae')inoIUllesapproxime.t&ly278acres of land wilhlrl thtClty 01 San 8emaKJioo, Caifomia, TheProj8C1Aree.boundarles8f8Eigh1hSlTMtOl1lttenorth,Follrl/lSlTealonlhesoulh,Arrowhead A_on lhe east end lhe Inlerslsle 215 Fr89WBY on1he west Amapwhlchdepiclstl1e bot.nderies of tne PrgjeclAlea is inc Iudedin lhis Notioe ~I Joint Public Hearirlg relatirog to the Amendment arid the Combined Project EIA. Ametesendbouncl$legeld~ionoflheProjectAreab!lundarl8aMspl'8YlcuslytleenrecordedonAu~Sl16,1973alBook82<:6,Page548, otrlOlaIReeoJllsottheReoorderolSanIleman:liflllCounly,The<<retuandbountlslegalcklsclip1ionofIheProjeclAleaisonmewilt'lheAgency andaoopymaybeobtalrledbyarr;in1erestedpel3Olletno<Xl6lfrorntl1eAgency'sol!icesal201 North 'E' SlTee1,Su~e301, San Bemardioo, c.lomi892401dlJ1ngregiJarbusirleu,houra, DncfIptlon 01 PropcIHd Ac1lona: The Project Area CQl1~nues 10 display a numbef of symptoms ot blight. The Agency currently has the power Iopurdlaseproperlyn1hePf<ljec1Araansupportolredeve~mentitseflortsOo'1lyonanegotialedbasls,TheaulhorilyoflheAgencylouse tmioentdomainpower$toecquirepropertyn~lorlheeiminelionolbl~Jnth8Projecl"realap&tdinUI96, Themai'lfocu!oflhe propostdac:lionautlloriZ<<lundertheAmllf1dmemi6-lhereinstaltmemoltleAgency'semioentdcmlllnpower5lnlheProj8C1AteeloacqUlre property for comm.nty red8VBlopmen1 purposes upon the paymElll by Ihe Agency to Ihe owner of ju$l CQmp8(lSaUOn for such property, If adopltd,1heAr11erd'J)entwlllreinsta1elheAgency'spollleftoacquirepropertyby~S801eminen!dcmainlrltheProjeclArealoran adciIionaI9YM1'(toAug~6,2013j.,Rei1ele!enwrtollhepowerofemi:len1~infOtllleAgencytoacqui'epropel'lywlllootctlangelhe ProjeetArullolrlder\es or eIlerlht typeaot I8dew!opmen1 activitiIIsorpublic impnMll11ents which lheAgency may ur.d8rlake or ~nlW1C1l, The CombinedProjllclEIRoonlal16l1flanaJysi9011hepol8l1tialadver!8allec1onthsenvironmen1ffthe~tlsapprovedTheCombJned Pfoj8ct EIR aiso iden1ilits specific mitigation 1Ill!3SUf8S, which ff imp~mented wll reduee cartain poIenIialy adveflle e~ to a level which is leSlIlhan5igniflOB.ntHO'Ne'<er,theCombinedProjec1EIRdoesirK:lialtethatpcllenliellye4verseellectsCBMOtlleMym~ig8ledoravoided,afld t_iooIooeehor11ermronslructionairqulUtyimpecl5,longtermmobilesoun:eairqualilyimpacls,s1dlonglermtra~icimpectsOllI.l0af\d 1.215,sinoe1hesefreewaYS8lllunderCanransjIJrisdiction andthereisno~laIorymed1anismlorpropertyownar501dweloperslomakefair sharelXl!'ltlilu1iclto lhe eost 01 inprol'irlg such mainline lreeway segm8ll1s. Atlhe tlmewl18nlhisNolictolJoint Publio Hearing is issued,lheAl/Sncy has 00 plans and has taken 00 olheract Ion to scquireany property iIllhe?fQjeclAreatlyeminen!dcmain, ThaAglll1CYslalll'8COrl'llTlfndlhat1hereinSlatememo1lheemillenldomainpowersoftheAg8llcyto sequireproperty(1t\8Proj8C1Area,inslIppOrtolaspecifIcredevelopmemactivilyi01thetll\lJ'e,ifr.ecessery,wiIlBl1able1heAgency1opraven! ancIeimin8lelhespre8ll0lbligh1irllheProj8C1Area, Furthermorelhe rainstatemenlol such emi1en1 dcmei1 allthonlywm allow the Agency in approprIalesilu8lions,ro assisl boltl exisling owners of land or'oosinesses in the Project Area esweilaso1he;privalee n!ilieswiIhthe essemblyof lend lor redevelopment and the eliminalion of blight The Nnendment elso m8l:u a numl>8r ot technicsl changes to the te~t of the Redeveiopment PI~n for the Cenlral ClIy NMh Redevelopment PTOjllCt.asemenlled,inorder10: (I) rescind the alJtholilyof the Agency 10 enac1 speciel Iendde'ffllopment regulations 10 r property within the Proj&e1Araa end to conlirm and acknowiedge 1ha1 lhe CiIy general plan and developmen1 stendards are applicable t(I all re(leveloprll8l11 or rehebilitelioneetMliesinllleProjectAr&8:endO,)eonfimlendeckrlctMedgelhatcurrenH:layrei<lcalionasslstancaregulalions and low and rnoderete inoome housing preservation end development prograrns are applicable to tha ProjeclAre a, The I'fojee1Araa,and in particulerlendswlticharecomm&rCiilllyandresiden1ielyzoned,maYCQnlain sitSSlha1srelisted in tha Stete of Cailomia Hazardckls Waste and Substances Sites List pursuant to Government Code Section QS962,5[eJ Pllblk Revlew 0( l/IlI Amend""",, the Combined Projecl ElRand Rel/Itell Document.: The A!i8ncy's R~rt 10 the Mayor end Common Oo\.nci ('Report1 011 the propossd Amendmenl will also be pr8$Bn1ed at the join1 publiohaBring, The Reporl,1he texl 01 the Amendment, and laid oIlhe Combined Pmjed EIR. 1C98lher with 1he wrillan f89POOes to CQmments previooaly received on Ihe Combined Projecl EIR are avaJable lor publio review end copying 8Ilhe Ageney'$ oIIlces at 201 North 'E'Slreet, Suite 301,SanBtmerdioo,CA92401, A1thejoi1tpublicheari1g,tha~endGommOl1GouncilandtheGommi$siOl1wiIICQnsiderall8Videnceand1estimooysubrninedby interesled pereonltor and a9ain51 the propoead Amendmen! and the Combined Pro;ed EIR. All persone havijng any objeclion 10 the propostld Amendment end Ih& Combined Project etR may appear before 1he Mayor and Common Counc~ end Commjssion and $how cause why the proposedAmerdmen1should note be adopled end the ComIlined Projecl ElR $hOuldnolbecertifi8daslinal A1 any Ume, not later tnao the hour $Bl for the join! pIotlliC hll8ring. any person may f~e a written SIalamen! with Ihe C~y Cleric o1lheir objechon 10 the proposed Ameflltoent or Ihe CombIned Project EIR The addra$$ 01 the City Cleric is City HeJl30Q North.O' Stleel, San Bemartlioo, CaIiIorrie92"18, AN'fII'MenandoraICQrMIen1.olin~per$OOswillb8con8ld8rfdtlylheMayorendCQ(Ml(lI'ICounc:ian(!tI1eCommission a1the time of lhe joint pubic hearing on July 19, 200.4, as schedu1ed above, ~a wriltenobjeclion to the Amencinen!orlheGombin&d Projecl EIR is tubrnltled to the City Cle!l< betore er 81 the 1ime of the join1 public hearing, Ihe Mayorend Common Councilwillpl'ep8rewrillootindings i1relpOT1Setosuchewrittenoliiec1ionandcomment~iorto8doptionoltheproposedAmendmentandcertiflOationofthaCombinedf'rojoc1 EIR It an interested pef$Oll recei'ffls a copy of Ihis Nolice of Jo;,t P\iblic Hearing by Un~&d States Mai, such dativelY by mail iOOica1es 1hat1he 1nteres1ed person eilherowns property inthe ProjBC1Ares Or owns a business endIor resides in 1he Project Area, ItlheAmendmsntis adopled, theAgft'qeouldinlheMureacquireenypropertyintheProjectAreabyeminen1oomVl,subjecttolheAgency'scompllencewilhlhe r&quiremenlS 01 all appliCabla law and paymenl of just compensation 10 Ihe owner, Ilycuhaveenyquaslionregen:iingll1isNo1ioeolJQintPublicHearingandCertifk:e.tiono1iheCombinedProjectEIR,orifyouhlll'eanyoll1er questionr811artlll'lglheAmendment,1heCornbin&dProjectEIROtenyollhelelateddocurnents,~easeconlactMikeTrolJt,Project Manager, at {S09l663'l0044 dllirog rogulBl business hours011haAgenty,rJtcontaclhimbyemai a1 mlroutOsbrda,org. TheQryolSeoBemardinorecOlJ1iasil$obli\jlliontoprOYide equalllQC&SS to pLtliic services to tl10sa indMdualswitlldisabi lilies,Please contacllhe l]rec1or of Faciltias Men898man! (384-5244) two worI<.ing days prior 10 the mee1i"9 with any requests Jar reasonable aceommodelion,loirlci:Jdeinlerpreters. No1iceolJolntPubl"tc H88Iinggiven JUF\ll18,2004 CITY OF SAN BERNARDINO is! RachelClIlrlc City Cleric REOEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ~ l'>IltvVIlI'IOMAI AgencySecre1ary rrIIII Ii, ~~.~.~~ 1~1&1 ~ -".". _r'-"",", F:I=f.!j:'::'1 I3n-;-:ii~ ~-~,~ liji , I i; ~ .1' I +;.. --' ""... " , DECLARATION OF MICHAEL TROUT RE NOTICE OF HEARING CENTRAL CITY NORTH REDEVELOPMENT PLAN \ I, MICHAEL TROUT, declare that I am a resident of the State of California, over eighteen (18) years of age and I have personal knowledge of the facts alleged herein: I. I am an employee of the Redevelopment Agency of the City of San Bernardino ("Agency"), a public body corporate and politic and my job title is "Project Manager". I have been an Agency employee since October of 1991. 2. The Agency previously approved the Redevelopment Plan for the Central City North Redevelopment Project (the "Redevelopment Plan") in 1973 and the Agency has initiated proceedings for the adoption of a "2004 Eminent Domain Amendment" to the Redevelopment Plan, which would amend the Redevelopment Plan and reinstates the Agency's eminent domain authority with respect to all property in the redevelopment project area of the Central City North Redevelopment Project (the "Project Area") to August 6, 2013. 3. I am generally familiar with law and procedures as applicable to the adoption and amendment of redevelopment plans in accordance with Health and Safety Code Section 33000 et seQ. (the "Community Redevelopment Law"), and specifically the provisions of Health and Safety Code Section 33452, as applicable, to the preparation and dissemination of published notices of public hearings and joint public hearings relating to the proposed amendment of a redevelopment plan. 4. As the Project Manager of the Agency, I have the responsibility for preparing notices to the public of public hearings and joint public hearings, including the joint public hearing as presently scheduled for July 19, 2004, to be undertaken by the Community 4830-8304-9984.1 I Exhibit 3-2 Development Commission ("Commission") as the governing board of the Agency and the Mayor and Common Council of the City of San Bernardino with respect to redevelopment activities of the Agency, for the proposed amendment to the Redevelopment Plan. 5. A document entitled "Notice of Joint Public Hearing of the Mayor and Common Council and the Community Development Commission of the City of San Bernardino / Proposed 2004 Amendment to the Redevelopment Plan for Central City North Redevelopment Project and Certification of a Final Environmental Impact Report for the Uptown Redevelopment Project Area and the Central City North Redevelopment Project Area" (the "Notice of Joint Public Hearing") has been prepared as part of the preparation for the joint public hearing of the Commission and the Mayor and Common Council scheduled for July 19, 2004. A copy of the Notice of Joint Public Hearing is attached hereto as Exhibit "A". 6. The Notice of Joint Public Hearing was published once a week for three (3) successive weeks in The Sun, a newspaper of general circulation with the first such publication commencing on June 24, 2004, in accordance with the requirements of Health and Safety Code Section 334S2(a) and Govemment Code Section 6063. 7. In addition to the publication of the Notice of Joint Public Hearing, I obtained or caused to be prepared two (2) separate lists of names and addresses of property owners and site addresses of persons, residents and businesses who may have an interest in the proceedings described in the Notice of Joint Public Hearing, and who are entitled to be given notice by United States First Class Mail of the Joint Public Hearing scheduled for July 19, 2004, regarding the 2004 Eminent Domain Amendment to the Redevelopment Plan, as set forth under the provisions of Health and Safety Code Section 334S2(a). 4830-8304-9984.1 2 8. The first such list of names and addresses corresponds with persons and entities (e.g., "assessees") who own one or more parcels ofland in the Project Area as set forth in Health and Safety Code Section 33452(b) which provides: (b) "Copies of the notices published pursuant to this section shall be mailed by first-class mail, to the last known assessee of each parcel of land not owned by the agency within the boundaries referred to in subdivision (a), at his or her last known address as shown on the last equalized assessment roll of the county; or where a city assesses, levies, and collects its own taxes, as shown on the last equalized assessment roll of the city; or to the owner of each parcel of land within these boundaries as the ownership is shown on the records of the county recorder 30 days prior to the date the notice is published, and to persons, firms, or corporations which have acquired property within these boundaries from the agency, at his or her last known address as shown by the records of the agency." The list of names and addresses of such persons (the "County Assessor List") is attached as Exhibit "B". 9. I obtained the County Assessor List for the mailing of the Notice of Joint Public Hearing from Ms. Ruth Parish, Information Systems Administrator of the City of San Bernardino, after I requested Ms. Parish to prepare for the Agency's use the current property tax assessment information for property owners and site addresses within both the Central City North Redevelopment Project area and the Uptown Redevelopment Project area. 10. Ms. Parish is the City Official who is responsible for compiling and maintaining City general business databases including County property tax assessment information for lands located within the territorial jurisdiction of the City. I am informed that as part of Ms. Parish's duties, each year she obtains from the County of San Bernardino Assessor's Office a copy of the last equalized assessment roll for property located in the City. Ms. Parish informed me that the County Assessor List attached as Exhibit "B" corresponds with all of the assessees of each parcel ofland within the Project Area as shown the last equalized assessment roll of the County of San Bernardino. 4830-8304-9984.1 3 11. The second list (the "List of Project Area Occupants") of site addresses, which I compiled using the information provided to me by Ms. Parish and the County Assessment List and from a list of street address of property in the Project Area, which was also provided to me by Ms. Parish. The addresses on this list correspond with the persons described in Health and Safety Code Section 33452(c)(I), namely, "residents" or "occupants" within the Project Area. The List of Project Area Occupants is attached as Exhibit "C". 12. It should be noted that there is a degree of overlap between the names and addresses of assessed property on the County Assessor List and the List of Project Area Occupants, as some owners of property in the Project Area also reside on the property which they own in the Project Area. However, since the overlap is not precise, I compiled the List of Project Area Occupants by inspecting the information for each parcel ofland in the Project Area as set forth on the County Assessor List to determine whether each particular parcel was improved with residential dwelling units and whether the property tax bill was sent to the property owners' street address on the parcel in the Project Area, or to an address other than the street address of the parcel. In addition, I inspected the County Assessor List to determine whether there was more than one (1) dwelling unit or a commercial business on any particular parcel indicated on the County Assessor List. 14. After I determined which properties on the County Assessor List were not taxed to a person or address or that parcel of land or that the parcel contained multiple units, I physically drove to each street listed on the County Assessor List in order to independently verify and confirm the number of multiple-units located at each and every address in the County Assessor List, as required by Health and Safety Code Section 33452(c)(I) and (2). 4830-8304-9984.1 4 15. While at each street I examined listed addresses on curbsides, buildings and mailboxes in order to compile an accurate List of Project Area Occupants from the information on the County Assessor List. 16. As part of my physical inspection of the improved properties at the addresses on the County Assessor List in preparing the List of Project Area Occupants, I observed that some properties did not have clearly marked addresses. In order to ensure that as many occupants, residents and businesses as possible would receive the Notice of Joint Public Hearing, the List of Project Area Occupants that I compiled included more street addresses than may actually exist on certain streets within the Project Area. This resulted, as expected, in a number of copies of the mailed Notice of Joint Public Hearing being returned to the Agency as described in Recital 19, below. 17. After I completed the preparation of the List of Project Area Occupants, I personally mailed a copy of the Notice of Joint Public Hearing by First-Class mail to each "Occupant" at each address on the List of Project Area Occupants attached hereto as Exhibit "c" on June 18,2004. 18. Based on the foregoing I mailed out a total of One Thousand Five Hundred and Three (1,503) copies of the Notice of Joint Public Hearing: 621 notices were mailed to addresses on the County Assessor List and 882 notices were mailed to addresses of the List of Project Area Occupants. Two Hundred Thirty (230) of such mailed notices were returned to me as undeliverable as of July 16, 2004. Thirty four (34) of these returned notices came from addresses on the County Assessor List and one hundred ninety six (196) of these returned notices came from addresses on the List of Project Area Occupants. 4830-8304-9984.1 5 19. The List of Project Area Occupants referred to in paragraph 11, above, also includes businesses with street addresses within the Project Area. 20. I independently verified the existence of the businesses by physically driving to each street listed on the County Assessor List and by comparing what was listed as commercial addresses and confirming the existence of businesses which were present on that location, as set forth on the County Assessor List, after which I made appropriate notations, including adding additional addresses to the List of Project Area Occupants and then I caused to be mailed a copy of the Notice of Joint Public Hearing by first-class mail to the addresses of all businesses within the Redevelopment Project Area on June 18, 2004. 21. Based on other information available to the Agency I determined the name and address of each of the public agencies that levies taxes upon property in the Project Area, and I personally mailed, by certified mail, return receipt requested, copies of the Notice of Joint Public Hearing to the governing body of each of the taxing agencies that levies taxes upon any property in the Project Area, pursuant to Health and Safety Code Section 33452(d). I declare under the laws of the State of California that the foregoing is true and correct, and that this Declaration was executed at San Bernardino, San Bernardino County, California, this /9 day of July, 2004. ~~~ MICHAEL TROUT 4830-8304-9984.1 6 Exhibit "A" Notice of July 19,2004 Joint Public Hearing NOTICE OF JOINT PUBLIC HEARING OF THE MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO PROPOSED ADOPTION OF A 2004 AMENDED AND RESTATED REDEVELOPMENT PLAN FOR THE CENTRAL CITY NORTH REDEVELOPMENT PROJECT AND CERTIFICATION OF A FINAL ENVIRONMENTAL IMPACT REPORT FOR THE UPTOWN REDEVELOPMENT PROJECT AREA AND THE CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA NOTICE IS HEREBY GIVEN THAT the Mayor and Common Council of the City of San Bernardino ("Mayor and Conunon Council") and the Community Development Commission of the City of San Bernardino ("Commission") acting as the Redevelopment Agency of the City of San Bernardino ("Agencyj will conduct ajoin! public hearing on Monday, July 19, 2004, at 4:00p.m., Of as soon thereafter as may be practical, in the City Hall Council Chambers, City of San Bemardino,3fJO North "D" Street, San BernardinO", CA 92401; The pwpose of the joint public hearing will be to consider: (i) the certification of a final Environmental Impact Report fOf the Uptown Redevelopment Project Area and the Central City North Redevelopment Project Area (the "Combined Project EIR") pursuant 10 the California Environmental Quality Act ("CEQA "); and (ii) the approval of a proposed 2004 Amended and Restated Redevelopment Plan for the Central City North Redevelopment Project ("Amendment"). Projed Loudo.: The redevelopment project area of the Central City Redevelopment ("Project Area") includes approximately 278 acres of land within the City of San Bernardino, California. The Project Area boundaries are Eighth Strect on the north, Fourth Street on the south, Arrowhead Avenue on the east and the Interstate 215 Freeway on the west. A map which depicts the boundaries of the Project Area is included in this Notice of Joint Public Hearing relating to the Amendment and the Combined Project EIR. A metes and boWlds legal description of the Project Area boundaries has previously been recorded on August 16, 1973 at Book 8248, Page 548, Official Records of the Rec;order of San Bernardino County. The metes and bounds legal description of the Project Area is on file with the Agency and a copy may be obtained by any interested person at no cost from the Agency's offices aI 201 North "E" Street, Suite 301, San Bernardino, California 92401 during regular business haun;. Description of Proposed Actions: The Project Area continues to display a number of symptoms of blight. The Agency currently has the power to pun:hase property in the Projel:t Area in support of redevelopment its efforts only on a negotiated basis. The authority of the Agency to use eminent domain powers to acquire property nec;essary for the elimination of blight in the Project Area lapsed in 1998. The main focus of the proposed action authorized under the Amendment is the reinstatement of the Agency's eminent domain POWenl in the Project Area to acquire property for community redevelopment purposes upon the payment by the Agency to the owner of just compensation for such property. If adopted, the Amendment will reinstate the Agency's power to acquire property by ellercise of eminent domain in the Project Area for an additional 9 years (to August 6, 2013). Reinstatement of the power of eminent domain for the Agency to acquire property will not change the Project Area boundaries or alter the types of redevelopment activities or public improvements which the Agency may undertake or finance. The Combined Project EIR contains an analysis of the potential adverse effect on the environment if the Amendment is approved. The Combined Project ElR also identifies specific mitigation measures, which if implemented will reduce certain potentially adverse effects to a level which is less than significant. However, the Combined Project EIR does indicate thai potentially adverse effects cannot be fully mitigated or avoided, and these include short tean construction air quality impacts, loog teno mobile source air quality impacts, and long term traffic impacts on I-to and 1-215, since these freeways are under CaltransjurisdictioD and ~ere is no regulatory mechanism fOTproperty ownCIS or developers 10 make fair share contributions to the cost of improving such mainline freeway segmenls. At the time when this Notice of Joint Public Hearing is issued, the Agency has nO plans and has taken no other action to acquire any property in the Project Area by eminent domain. The Agency staff rec;onunends that the reinstatement of the eminent domain powers of the Agency to acquire property in the Project Area, in support of a specific redevelopment activity in the future, if necessary, will enable the Agency to prevent and eliminate the spread of blight in the Project Area. Furthermore the reinstatement of such eminent domain authority will allow the Agency in appropriate situations, to assist both existing owners ofland or businesses in the Project Area as well as other private entities with the assembly of land for redevelopment and the elimination of blight. The Amendment also makes a number of technical changes to the text of the Redevelopment Plan for the Central City North Redevelopment Project, as amended, in order to: (i) rescind the authority of the Agency 10 enact special land development regulations for property within the PrOject Area and to contino and acknowledge that the City general plan and development standards are applicable to all redevelopment or rehabilitation activities in the Project Area; and (ii) confinn and acknowledge that current-day relocation assistance regulations and low and moderate income housing preseJVation and development programs are applicable to Ihe Project Area. The Project Area, and in particular lands which are commercially and residentially zoned, may contain sites thai are listed in the State of California Hazardous Waste and Substances Sites List pursuant to Government Code Section 65962.5(e). Public Review of Ille Amendment, tbe Combined ProJectEIR and Related Documents: The Agency's Report to the Mayor and Common Council ("Report") on the proposed Amendment will also be presented at the joint public hearing. The Report, the text of the Amendment, and text of the Combined Project EIR, together with the wriUen response to comments previously received on the Combined Project EIR are available for public review and copying at the Agency's offices at 201 North "E" Street, Suite 301, San Bernardino, CA 92401. At the joint public hearing, the Mayor and Cornmon Council and the Commission will consider all evidence and testimony submiUed by interested persons for and against the proposed Amendment and the Combined Project EIR. All persons having any objection to the proposed Amendment and tbe Combined Project EIR may appear before the Mayor and Common Council and Commission and show cause why the proposed Amendment should note be adopted and the Combined Project EIR should not be certified as final. At any time, not later than the bour set for the joinl public hearing, any person may file a written statement with the City Clerk of their objection to the proposed Amendment or the Combined Project EIR. The address of the City Clerk is City Hall 300 North "0" Street, San Bernardino, California 92418. All written and oral conunents of interesled persons will be coosidered by the Mayor and Common Council and the Commission at the time of the joint public hearing on July 19, 2004, as scheduled above. If a written objection to the Amendment or the Combined Project E1R is submitted to the City Clerk before or al the time of the joint public hearing, the Mayor and Common Council will prepare written findings in response to such a written objection and comment prior 10 adoption of the proposed Amendment and certification of the Combined Project EIR. If an interested person receives a copy of this Notice of Joint Public Hearing by United States Mail, such delivery by mail indicates that the interested person either owns property in the Project Area or owns a business and/or resides in the Project Area. If the Amendment is adopted, the Agency could in the future acquire any property in the Project Area by eminent domain, subject to the Agency's compliance with the requirements of all applicable law and payment ofjUSl compensatiOlllo the owner. If you have any question regarding this Notice of Joint Public Hearing and Certification of the Combined Project EIR, or if you have any other question regarding the Amendment. the Combined Project Em or any of the related documents. please contact Mike Trout, Project Manager, at (909) 663.1044 during regular business hours of the Agency, or contact him by email at mtroutralshrda.ON. Notice of Joint Public Hearing given June 18,2004. CITY OF SAN BERNARDINO IS! Rachc:1Clark City Clerk REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO 151 GarvVanOsdel AgencySecrewy Publishln:~ June 24,2004 July 1,2004 July 8, 2004 [Map ofPmject Area Boundary Attacbed; Central City North Redevelopment Project] " .am~ II SfVSlTHSTIIffT ~STR~a iia~ ~ ilbId~~m ~-, .~! . 0 . . , , o I CENTRAL CITY NORTH LO> \- IOtl6 VJ 'OUlp1EWOa UES lOt: ;:Jl!ns 'lddllS u3u Q110N IOl AOUdSy lUdwdoldAdQ O!UlOU003 Exhibit "B" County Assessor List 0134011170000 0134093060000 0134093050000 1 R A LLC ABITANTE, PATRICK ABITANTE, PATRICK 1800 S ROBERTSON 5915 CUL VIEW ST 5915 CULVIEW ST LOS ANGELES, CA 90035 CULVER CITY, CA 90230 CULVER CITY, CA 90230 0140263160000 0134012050000 0134013260000 ACEVEDO, ERVIN ACEVEDO, FELICIANO ACHAMAK TRADING, INC 15628 LEIBACHER AVE 859 VICTORIA ST 605NHST NORWALK, CA 90650 SAN BERNARDINO, CA 92410 SAN BERNARDINO, CA 92401 0134014130000 0134061270000 013406126??oo ADAME, JOSE J AFE-PIONEER ASSOCIATES, LP AFE-PIONEER ASSOCIATES, LP 735 W 7TH ST 1000 BROADWAY STE 450 1000 BROADWAY STE 450 SAN BERNARDINO, CA 92401 OAKLAND, CA 94518 OAKLAND, CA 94518 0134014170000 0134053070000 0134061060000 AGULlAR, JESUS J ALLEN, MICHAEL P ALL-WAYS WASH SERV INC PROFIT 676NGST POBOX5411 SHRNG SAN BERNARDINO, CA 92410 SAN BERNARDINO CA 92412 10515 FOOTHILL BLVD LAKE VIEW TERRACE, CA 91342 0134012070000 0140282320000 0134093070000 ALVAREZ AND ASSOCIATES ALVAREZ, EDILBERTO AMMONS, WALTER L B 320 NORTH E ST STE 100 728 MAYFIELD AVE 735 W 5TH ST SAN BERNARDINO, CA 92401 SAN BERNARDINO, CA 92401 SAN BERNARDINO, CA 92410 0140271280000 0135101200000 0134013030000 ANGULO, IRASEMA ARMOUR, OGDEN B AND LALITA M TRS ARREOLA, LUIS E 681 W 8TH ST 629 H ST SAN BERNARDINO, CA 92410 821 SAN ANTONIO PL SAN BERNARDINO, CA 92410 SAN DIEGO, CA 92106 0134013030000 0134041240000 0134041230000 ARREOLA, LUIS E ARROWHEAD UNITED WAY ARROWHEAD UNITED WAY 629 H ST POBOX 796 POBOX796 SAN BERNARDINO, CA 92410 SAN BERNARDINO, CA 92402 SAN BERNARDINO, CA 92402 0134023170000 0134023020000 0134071700000 ASSISTANCE LEAGUE OF SAN ASSISTANCE LEAGUE OF SAN AUTOMOBILE CLUB OF SO CALIFORNIA BERNARDINO BERNARDINO 580 W 6TH ST 580 W 6TH ST 3333 FAIRVIEW RD A379 SAN BERNARDINO, CA 92412 SAN BERNARDINO, CA 92412 COST A MESA, CA 926261696 0140263190000 0140261160000 0134052100000 BAEZ, CLEMENTE JR BAILON, MANUEL H BANCA FINANCIAL 728-734 W 7TH ST 818 VINE ST PO BOX 2225 SAN BERNARDINO CA 92410 SAN BERNARDINO, CA 92410 FONTANA, CA 92335 013401122??oo 0140282530000 0140282530000 BANK OF NEW YORK BARATTA, RICK BARATTA, RICK 400 COUNTRYWIDE WY SV-35 3039 WALNUT AVE 3039 WALNUT AVE SIMI VALLEY, CA 93065 CARMICHAEL, CA 95608 CARMICHAEL, CA 95608 0134023190000 BARKLAGE, MARIANNE POBOX 6388 ORANGE CA 92883 0135081300000 BECKER, STEVEN & VICKIE REV TR (9-27 315W6TH ST SAN BERNARDINO, CA 92401 0140262210000 BILLING, GRAY R 4832 WILSON AVE CHINO, CA 91710 0135011190000 BLUFF, DAN A 370 6TH ST SAN BERNARDINO, CA 92410 0134061070000 BRAVO, GONZALO R 26803 BASELINE ST HIGHLAND, CA 92346 0134061080000 BRAVO, GONZALO R 26803 BASELINE ST HIGHLAND, CA 92346 0134014080000 BRIZUELA, SERGIO 669 CRESCENT AVE SAN BERNARDINO, CA 92410 0135021120000 BROWN, JERROLD 345 W 7TH ST SAN BERNARDINO, CA 92401 0140263430000 BURRY, KIM J 3045 S ARCHIBALD AVE ONTARIO, CA 91761 0140262150000 CACERES, RICARDO 802 W 7TH ST SAN BERNARDINO, CA 92410 0134014100000 BARNES, RICHARD S 2731 LA COLINA DR ESCONDIDO, CA 92027 0140263230000 BEHNAM,SAMAN 12862 EVENINGSIDE DR SANTA ANA, CA 92705 0134014140000 BINNEY, THEODORE C SR TR 1680 W HIGHLAND AVE SAN BERNARDINO, CA 92411 0134061340000 BOLIVAR, ALVARO 598NFST SAN BERNARDINO, CA 92410 0134061090000 BRAVO, GONZALO R 26803 BASELINE ST HIGHLAND, CA 92346 0134023050000 BRINGMAN, ELIZABETH M TR POBOX 905 UPLAND, CA 91785 0135021130000 BROWN, JERROLD 345 W 7TH ST SAN BERNARDINO, CA 92401 0140282130000 BUESCHING, ROBERT F P.O. 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0140282800000 OCCUPANT 730 N MAYFIELD AVE SAN BERNARDINO, CA 92401 0140282810000 OCCUPANT CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA AMENDED AND RESTATED PLAN REINSTATE EMINENT DOMAIN (taken from black 3-ring binder) Exhibit 3-3 o o c CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA PLAN AMENDMENT REINSTATEMENT OF EMINENT DOMAIN 1. Staff Report 2. Redevelopment Project Area Map 3. Report to the Mayor and Common Council 4. Text of the Proposed Amended & Restated 2004 Redevelopment Plan 5. Final Program Environmental Impact Report ("PEIR") 6. Copies of Written Comments to PEIR received by May 29,2004 7. Certification of Mailing Public Initial Study Meeting - December 18, 2002 Project Area Committee Information Meeting - February 20, 2003 Public EIR Scoping Meeting - March 26, 2003 Project Area Committee election - April 1, 2003 Project Area Committee Information Meeting - February 19, 2004 Project Area Committee Election - March 11, 2004 Joint Public Hearing - July 19, 2004 8. Certification of Newspaper Notice and Copy of Notice 9. Project Area Committee Report and Minutes 10. Resolution of the Community Development Commission 11. Resolution of the Community Development Commission 12. Ordinance of the Mayor and Common Council o o c ECONOMIC DEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO FROM: Gary Van Osdel Executive Director SUBJECT: JOINT PUBLIC HEARING - CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA PLAN - AMENDED AND RESTATED REDEVELOPMENT PLAN DATE: July 12,2004 Svnonsis of Previous Commissloo/Couneil/Commlttee Action{s): On January 24, 2000, the Community Development Commission authorized the Executive 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 Area Committee for the Central City North Redevelopment Project. On June 7, 2004, the Community Development Commission of the City of San Bernardino adopted a resolution setting a date and time, July 19, 2004 at 4:00 p.m. for a public hearing to consider an Amended and Restated Redevelopment Amendment for the Central City North Redevelopment Project and Certification of the Environmental Impact Report. On June 7, 2004, the Mayor and Common Council of the City of San Bernardino adopted a resolution setting a date and time, July 19, 2004 at 4:00 p.rn. for a public hearing to consider an Amended and Restated Redevelopment Amendment for the Central City North Redevelopment Project and Certification of the Environmental Impact Report. Recommended Motion{s): OPEN JOINT PUBLIC HEARING CLOSE JOINT PUBLIC HEARING (CommunllY Develonment Commlssloo/Mavor and Common Council) IF WRITTEN OBJECTIONS ARE PRESENTED MOTION A: THAT THE PUBLIC HEARING BE CLOSED; THAT WRITTEN OBJECTIONS TO THE 2004 AMENDED AND RESTATED REDEVELOPMENT PLAN FOR THE CENTRAL CITY NORTH DEVELOPMENT PROJECT BE CONSIDERED; AND THAT WRITTEN FINDINGS BE PREPARED IN RESPONSE THERETO AS APPLICABLE AND BE PRESENTED AT THE NEXT REGULAR MEETING. OR (SEE NEXT PAGE) Contact Person(s): Project Area(s) Gary Van OsdellMike Trout Central City North Phone: (909) 663-1044 I Ward(s): Supporting Data Attached: iii Staff Report iii Resolution(s) iii Ordinance iii Map(s) iii Letters/Misc. SIGNATURE: N/A N/A FUNDING REQUIREMENTS N/A Source: P:\AJcDdu\CoounDcv Commission\CDC ~7-19 CCN PH SR.doe COMMISSION MEETING AGENDA Meeting Date: 07/1912004 Agenda Item Number: c o c MOTION B: IF NO WRI'lTEN OBJECTIONS ARE PRESENTED THAT THE PUBLIC HEARING BE CLOSED; THAT SAID RESOLUTION BE ADOPTED AND THAT SAID ORDINANCE BE LAID OVER FOR FINAL ADOPTION. RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AS A RESPONSmLE AGENCY UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS, AND MAKING FINDINGS THAT A FINAL PROGRAM ENVIRONMENTAL IMPACT REPORT, AND THE MITIGATION MONITORING PLAN FOR THE REINSTATEMENT OF EMINENT DOMAIN POWERS IN THE REDEVELOPMENT PROJECT AREAS OF THE UPTOWN REDEVELOPMENT PROJECT AND THE CENTRAL CITY NORTH REDEVELOPMENT PROJECT FULLY AND ADEQUATELY ADDRESS THE POTENTIAL ENVIRONMENTAL EFFECTS OF THE APPROVAL BY THE COMMISSION OF SUCH REDEVELOPMENT PLAN AMENDMENTS. RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, MAKING FINDINGS REGARDING CONDITIONS OF BLIGHT IN THE REDEVELOPMENT PROJECT AREA OF THE CENTRAL CITY NORTH REDEVELOPMENT PROJECT; APPROVING THE SECTION 33352 REPORT TO THE MAYOR AND COMMON COUNCIL ON THE 2004 AMENDED AND RESTATED REDEVELOPMENT PLAN FOR THE CENTRAL CITY NORTH REDEVELOPMENT PROJECT AND APPROVING THE 2004 AMENDED AND RESTATED EMINENT DOMAIN AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE CENTRAL CITY NORTH REDEVELOPMENT. ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ADOPTING THE 2004 AMENDED AND RESTATED REDEVELOPMENT PLAN FOR THE CENTRAL CITY NORTH REDEVELOPMENT PROJECT COMMISSION MEETING AGENDA Meeting Date: 07/1912004 P:\Agcndas\Comm Dcv CommissioD\CDC 20041D4-01-19 CCN PH SR.doc Agenda Item Number: o o c ECONOMIC DEVELOPMENT AGENCY STAFF REPORT Joint Public Hearin!! - Central City Nortb Redevelopment Proiect Area Plan- Amended and Restated Redevelopment Plan 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 wil1 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 ElR 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. As a result of the Mayor and Common Council modifying the scope of the proposed plan amendment to include all properties within the Central City North Project Area, the Mayor and Common Council approved and adopted the procedures to be used for the formation of a Project Area Committee ("PAC") for the Central City North Redevelopment Project Area and calling upon the citizens of the City to participate in the PAC. 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 (ElR) and related traffic study. P;\Apndu\Comm Dev Commission\CDC 2004\04-07-19 CCN PH SR.doe COMMISSION MEETING AGENDA Meeting Date: 0711912004 Agenda Item Number: c Economic Development Agency Staff Report Joint Public Hearing - Central City North Redevelopment Project Area Plan Amended and Restated Redevelopment Plan Page 2 On December 10, 2002, mailers were sent to residents, businesses, organizations and property owners within the Central City North Redevelopment Project Area concerning the December 18, 2002 community meeting concerning the Initial Study and input concerning the scope of the Environmental Impact Report for the Central City North Redevelopment Project Area. On December 18, 2002, Agency staff conducted a combined Uptown and Central City North Redevelopment Project Area community meeting to introduce the environmental consultant and to provide draft copies of the Initial Study which stated that since the proposed project may have a significant effect on the environment, an environmental impact report was required. On February 10, 2003, mailers were sent to residents, businesses, organizations and property owners within the Central City North Redevelopment Project Area concerning the February 20, 2003 public workshop on the proposed amendment to the Central City North Redevelopment Project Area Plan and PAC information meeting. Additionally, the mailer informed the residents, businesses, organizations and property owners within the Central City North Redevelopment Project Area of the PAC election on April I, 2003 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 for the EIR. 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. c On April I, 2003, Agency staff conducted a PAC formation election for the purpose of creating a PAC from property owners, residences and business owners within the Central City North Project Area. However, the election did not take place due to the fact that there was not a sufficient number of PAC applications submitted. P:\t\gendas\Comm Dev CommissKIII\CDC 2004\04-07-19 CCN PH SR.doc COMMISSION MEETING AGENDA Meeting Date: 07/1912004 Agenda Item Number: c o c Economic Development Agency Staff Report Joint Public Hearing - Central City North Redevelopment Project Area Plan Amended and Restated Redevelopment Plan Page 3 Since there was not a sufficient number of PAC applicants to hold an election and due 'to the fact that it would be several months before there would be any documents concerning the EIR and amendment to the redevelopment plan for the PAC to review, it was determined to hold off on further action to organize a PAC until there were documents available for review. This would also allow Agency Staff more time to develop support for a PAC formation. On February 5, 2004, mailers were sent to residents, businesses, organizations and property owners within the Central City North Redevelopment Project Area concerning the February 19, 2004 PAC information meeting. Additionally, the mailer informed the residents, businesses, organizations and property owners within the Central City North Redevelopment Project Area of the PAC election on March 11, 2004. On February 19, 2004, Agency Staff conduct a PAC formation meeting to explain the need and importance of a PAC. Agency Staff informed those present that being a member of the PAC and working with the PAC provides residents, businesses, organizations and property owners within the project area the opportunity to safegnard their interests and to provide input into the redevelopment process involving their neighborhoods. On March 11, 2004, Agency staff conducted the PAC formation election in which three (3) individuals were elected thereby forming a PAC for the Central City North Redevelopment Project Area. The election was over seen by the City Clerk's Office. Subsequently, the Mayor and Common Council adopted a resolution, on April 5, 2004, acknowledging the results of the Central City North PAC election. On July 7, 2004, the Central City North PAC voted to recommend to the Mayor and Common Council and the Community Development Commission to adopt the 2004 Amended and Restated Redevelopment Plan for the Central City North Redevelopment Project. CURRENT ISSUE: The Central City North Redevelopment Project was adopted in 1973. Conditions of blight which existed at the time of adoption of the Redevelopment Plan were extensive and substantial. The Redevelopment Project Area of the Central City North Redevelopment Project (the "Project Area") remains blighted today. One tool which the Agency may use to address conditions of blight in appropriate situations - the exercise of eminent domain - lapsed in the Project Area in 1998. The proposed Amendment to the Redevelopment Plan will reinstate the power of the Agency to acquire land by eminent domain to August 6, 2013. The Project Area includes deteriorated commercial frontage lots abutting either side of some of the principal streets in the center of the City. Approximately forty percent (40%) of the properties within the Project Area are for residential use and it estimated that more than 2,000 individuals may reside in the Project Area. In an older commercial area such as the Project Area where small substandard lot sizes are so prevalent, an important element of an effective program to address actual conditions of P:\Ageodu\Comm DcvCommission\CDC 2004\04-07-19 CCN PH SR.doc COMMISSION MEETING AGENDA Meeting Date: 0711912004 Agenda Item Number: Economic Development Agency Staff Report Joint Public Hearing - Central City North Redevelopment Project Area Plan Amended and Restated Redevelopment Plan C Page 4 blight is the ability to assemble small parcels of land under separate ownerships into useable sites under current-day standards. The reinstatement of the condemnation power for the Agency is believed to be an important factor in addressing conditions of blight which remain in the Project Area. As long as the ability of the Agency to acquire land for specific redevelopment activities is limited to negotiated purchase, grant, exchange or other voluntary forms of sale, the potential for sustained and large scale redevelopment of the property in the Project Area involving multiple parcels of land is limited. This is especially so when existing owners and other persons who are prepared to invest new capital in the community cannot expand or acquire land of adequate size and shape for development and use under current City standards. The evidence of blight in the Project Area is readily apparent to anyone who drives along its principal streets. One striking factor of the Project Area is the relative absence of any visible new construction or rehabilitation activity though one senior housing complex has been completed and another senior housing complex is near completion. Since the time of adoption of the Redevelopment Plan in 1973 little in the way of new improvements of rehabilitation has occurred and nearly one third (113) of the individual lots in the Project Area are currently vacant. Many of these currently vacant lots were formerly improved with structures which over the years became so dilapidated and substandard, that the owners were compelled to remove them. o The proposed Amended and Restated Redevelopment Plan will not only reinstate the Agency's power of eminent domain but also incorporates all previous amendments and current California Redevelopment Law ("CRL"). The Agency's power to acquire property by eminent domain expired in 1998. fu general, the Agency has used the power of eminent domain in the past in its redevelopment project areas only in a few exceptional circumstances and for specific redevelopment project activities. The Agency has not acquired any property in the Project Area by eminent domain at any time since its adoption in 1973. Over the years, a vast majority of the land which the Agency has acquired in its various redevelopment project areas has been acquired by negotiated purchase. Since 1973, the Agency has acquired certain property in the Project Area by negotiated purchase but at this time, the Agency has not been able to assemble enough land by negotiated purchase for an effective redevelopment activity involving multiple parcels of land to deal with conditions of blight on a large scale. Under current circumstances, without eminent domain authority the Agency cannot plan for or assume that all of land which is necessary for a specific redevelopment activity will be available to the Agency under a negotiated purchase arrangement. fu such a situation, the Agency cannot make realistic and feasible plans to assist owners or third parties who are prepared to eliminate blight under specific and enforceable terms involving multiple parcels of land, since the otherwise available land is not useable or new development is not economically feasible without additional land to solve specific conditions of blight. Without the reinstatement of the power of eminent domain, the range of the Agency's ability to foster redevelopment in the Project Area is greatly reduced. c The California Redevelopment Law ("CRL") authorizes an Agency to reinstate the power of eminent domain after it has lapsed in a Redevelopment Project Area, if the Agency fmds that conditions of P:\Agendas\Comm Dcv Comrnisllion\CDC 1004\04-07-19 CCN PH SR.doe COMMISSION MEETING AGENDA Meeting Date: 07/19/2004 Agenda Item Number: c o c Economic Development Agency Staff Report Joint Public Hearing - Central City North Redevelopment Project Area Plan Amended and Restated Redevelopment Plan Page 5 blight still persist in the Redevelopment Project Area. Accordingly, the Agency has previously initiated certain actions to consider the adoption of the Amended and Restated Redevelopment Plan for the Central City North Redevelopment Project which reinstates the power of eminent domain to August 6, 2013. Section 33352 of the Community Redevelopment Law ("CRL") states that when the Agency submits an amendment to the redevelopment plan to the Mayor and Common Council ("Council") for adoption, the Agency must also submit a report entitled the Report to Mayor and Common Council ("Report"). For a redevelopment plan amendment, the contents of the Report are only those portions warranted by the proposed amendment. The purpose of this Report is to provide, in one document, all information, documentation, and evidence regarding the 2004 Amendment to assist the Council in its consideration and in making various findings and determinations that are legally required to adopt the 2004 Amended and Restated Redevelopment Plan for the Central City North Redevelopment Project. This report to the Council has been prepared in accordance with all requirements of Section 33457.1 and 33352 of the CRL. During the joint public hearing the Commission and Council will consider the information presented by the Agency Staff and consultants regarding the Report and the 2004 Amendment. Testimony and comments of interested members of the public will also be received. If one or more written objections are presented to the Council before or during the joint public hearing on July 19, 2004, a written response to such written objections must be prepared and considered before the 2004 Amended and Restated Redevelopment Plan for the Central City North Redevelopment Project may be adopted. By adopting the attached resolution of the Community Development Commission at the conclusion of the joint public hearing, the Commission will approve the Report and the proposed eminent domain amendment and authorize Agency Staff to transmit the Report to Mayor and Common Council and the 2004 Amended and Restated Redevelopment Plan for the Central City North Redevelopment Project to the Mayor and Common Council. ENVIRONMENTAL IMPACT: The Agency and the City of San Bernardino retained Lilbum Corporation to prepare an Initial Study to determine potential impacts related to the reinstatement of eminent domain and other entitlement actions. At their meeting of February 5, 2004 the DevelopmentJEnvironmental Review Committee (D/ERC) reviewed the luitial Study prepare for the Central City North and Uptown Redevelopment Project Area Plans, and other entitlement actions. The D/ERC concurred that the luitial Study adequately addressed the issues and determined that a Program Environmental Impact Report (EIR) would be required. The Agency and the City retained LSA Associates to prepare the EIR. The otice of Preparation was published in the San Bernardino County Sun and public agencies. The public review period for the Notice of Preparation was February 17,2004 through March 17, 2004. P:\Agendas\Co1JIIII Dev ColllDlislion\CDC 2004\04-07-19 CCN PH SR.doe COMMISSION MEETING AGENDA Meeting Date: 07119/2004 Agenda Item Number: c Economic Development Agency Staff Report Joint Public Hearing - Central City North Redevelopment Project Area Plan Amended and Restated Redevelopment Plan Page 6 Upon completion of the Draft Program EIR, the Notice of Completion was published in the San Bernardino County Sun. The Draft Program ElR was made available for public review at the City of San Bernardino Development Services Department, the Feldheyrn Central Library, and the City of San Bernardino web site. It was also distributed to public agencies and made available to the D/ERC, Planning Commission, and Mayor and Common Council. The public review period was April 8, 2004 through May 29, 2004. Comments were received from four agencies and are included in the Final Program ElR along with staff responses. As analyzed in the Draft Program EIR, the impacts that cannot be mitigated to a level of less than significant with mitigation measures are certain air quality and traffic impact related to the development of the Mercado Santa Fe project. There are no significant impacts related to the reinstatement of eminent domain. FISCAL IMPACT: Based on contracts entered into with consultants for this amendment, the costs will total $132,986. Funds for this activity have been budgeted and approved. RECOMMENDATION: o That the Community Development Commission and Mayor and Common Council adopt either Motion A or Motion B. EXHIBITS: 1. Staff Report 2. Redevelopment Project Area Map 3. Report to the Mayor and Common Council 4. Amended and Restated Plan for the Central City North Redevelopment Project 5. Final Program Environmental Impact Report ("PElR") 6. Copies of Written Comments to PElR received by May 29, 2004 7. Certification of Mailing and Copy of Newsletters 8. Certification of Newspaper Notice and Copy of Notice 9. Project Area Committee Report and Minutes 10. Resolution of the Community Development Commission II. Resolution of the Community Development Commission C 12. Ordinance of the Mayor and Common Council P:\Agendas\Comm Dev Commission\COC 2004\l:lW7~19 CCN PH SR.doe COMMISSION MEETING AGENDA Meeting Date: 07/1912004 Agenda Item Number: c IJ llll ..--.J..I I I I 1 I -- -- .- BOHTH STREET - R == IT L L I ~ lL = . = - - I-- - L "",," UT ~ . ~ f-- .L...- ITT I IT I F ~ =r TF - - SEVENTH STREET t: SEVENTH STREET I t:::= J~ =j ---, I --i I 1= - == ===1 =r == If - I - TI I' rr ~" SIXTH STREET - ~ I ITID I III -1T P - r I h= t:::j I h=I PIOHEfA....RK =J- ~ I I-- I Ir::= j ~ r- --I l ,...L --j - I-- IT AFTH STREET - rr= I W .....- ..- ,-r I-- L " r-- ili II t=lii- I lii=1 r-- IU IUIr==IU '=iil .. --r/ ~!~ ~i II: -' II: I-- j!:f--- 1;;- I;; lc 1"- I "~ .. ~ ~h II: '-'~ c I d t;; r '" rI NORTH CENTRAL CITY NORTH . COURT ST~;= . . . c o o o ~ 2004 Eminent Domain Amendment I Central City North Redevelopment Project Area I I ~ to Mayarand Common eoullcil I . July 2004 RedevelopmentAgency of the City of San Bemardino 201 North "E" Street, Suite 301 San Bemardino, Califomia 92401-1 f:lJ7 I_iiil'.-~'. .. ..". I . . ~ . "'" ",,", .... ,.. "'. ~1 . ....:lM ~ ~ --- Rosenow Spevacek Group, Inc. 217 North Main Street, Suite 300 Santa Ana, California 92701 Phone: (714) 541-4585 Fax: (714) 836-1748 E-Mail: info@webrsg.com o o o ... City of San Bernardino MAYOR AND COMMON COUNCIL Judith Valles, Mayor Esther Estrada, 1st Ward Susan Lien Longville, r Ward Gordon McGinnis, :Jrl Ward Neil Derry, 4th Ward Chas A. Kelley, 5th Ward Rikke Van Johnson, (jh Ward Wendy McCammack, "f1' Ward REDEVELOPMENT AGENCY STAFF Gary Van Osdel, Economic Development Agency Director Maggie Pacheco, Deputy Director/Housing & Community Development Director Mike Trout, Project Manager REPORT PREPARED BY ROSENOW SPEVACEK GROUP,INC. o o o .. . Table of Contents I troduction .......................................................................................................... i I , Reasons for the Amended and Restated Plan and a Description of Specific Projects and How These Projects Will Improve or Alleviate Blighting Conditions Found in the Project Area ........................................................... A-1 I A Description of the Physical and Economic Conditions Existing in the Project Area......................... ..................... ....................................................... B-1 I Five-Year Implementation Plan ...................................................................... C-1 . Why the Elimination of Blight and Redevelopment Cannot Be Accomplished by Private Enterprise Acting Alone or by the Agency's Use of Financing Alternatives Other Than Tax Increment ........................................................ D-1 The Method of Financing................................................................................ E-1 The Relocation Plan ......................................................................................... F-1 Analysis of the Preliminary Plan.................................................................... G-1 Report and Recommendation of the Planning Commission........................ H-1 I Report of the Project Area Committee ............................................................1-1 I General Plan Conformance ............................................................................. J-1 . . Environmental Documentation ...................................................................... K-1 Report of the County Fiscal Officer ................................................................L-1 Neighborhood Impact Report......................................................................... M-1 A Summary of the Agency's Consultation with Affected Taxing Agencies ...................................................................... N-1 Exhibits Exhibit 1 -Initial Study and Program Environmental Impact Report Exhibit 2 - Amended and Restated Redevelopment Plan o o o - Introduction . I .ntrbduction I On August 6, 1973, the Mayor and Common Council ("Council") approved Ordinance No. 3366 that adopted the Redevelopment Plan ("Plan") for the Central City North Redevelopment Project ("Project" or "Project Area"). The Project is located in the central part of the City of San Bemardino ("City"), which is located in the County of San Bemardino ("County"). The Project Area is approximately 278-acres in size and generally bounded by 8th Street to the north, 4th StreeVCourt Street to the south, Arrowhead Avenue to the east and Interstate 215 to the west. The purpose of the Plan is to eliminate and prevent the spread of blight and deterioration in the Project Area by participation with owners and tenants in rehabilitation, demolition and/or construction, land assembly and or other incentives. Relocation assistance and public improvements will be provided, if necessary. The redevelopment of land by private enterprise and public agencies for uses in accordance with the Plan is encouraged. Generally, the purpose of this plan is to provide for the rehabilitation of existing commercial and residential structures and to facilitate new development on vacant or underutilized areas within the Project Area boundaries. To this end, the Plan previously permitted the Redevelopment Agency of the City of San Bemardino ("Agency") to acquire real property by any means authorized by law, including eminent domain. Although the Agency has not used condemnation in the past, the ability to acquire property through eminent domain is a necessary and effective tool to facilitate redevelopment of the Project Area. While the Agency does not have specific plans to use eminent domain to acquire property at this time, staff recommends that preserving this power will be necessary to complete any future redevelopment projects involving land acquisition. The Agency's eminent domain authority was restricted to a 12-year time limit, and expired on December 8, 1998 for the Project Area. Under the Califomia Community Redevelopment Law ("Law"), the Plan's eminent domain time limit may be reinstated or extended by up to 12 years if the Agency undertakes adopting an amendment to the redevelopment plan as prescribed by the Law. As the Agency envisions possible land acquisition activities for future redevelopment projects, the Agency is proposing an amendment to extend the eminent domain time limit to August 6, 2013, the remaining life of the Plan, and to update the language in the Plan, as amended. The new document, the Amended and Restated Redevelopment Plan ("Amended and Restated Plan"), will be ROSENOW SPEV ACEK GROUP. INC. JULY 2004 REOEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO - i-CENTRAL CITY NORTH REDEVELOPMENT PROJECT REPORT TO MAYOR AND COMMON COUNCil .... o considered by the Agency and the Mayor and Common Council at a joint public hearing along with a Program Environmental Impact Report. Amended and Restated Redevelopment Plan The Plan was originally adopted by Council Ordinance No. 3366, dated August 6, 1973. There have been four amendments to the Plan. The first amendment adopted by Ordinance No. MC-561 on December 8, 1986, added eminent domain, established a time limit for loans, advances and indebtedness and established a limit on how much tax dollars can be allocated to the Agency. The second amendment adopted by Ordinance No. MC-719 on April 2, 1990, amended MC-561 on the limitation on the amount of tax dollars that can be allocated to the Agency. The third amendment adopted on December 19, 1994 by Ordinance No. MC-920 further amended MC-561 limitation on the amount of tax dollars allocated to the Agency. The fourth amendment was passed on December 1, 2003 by Ordinance No. MC-1154. This eliminated the debt incurrence deadline for the Plan. o Since the adoption of the Plan in 1973 and the four subsequent amendments, the Law has changed numerous times during this period. To update the text of the Plan and to incorporate the changes created by the Law, an Amended and Restated Plan has been prepared by the Agency pursuant to the Law and all other applicable laws and ordinances. It does not present a specific plan for the redevelopment, rehabilitation and revitalization of any area within the Project Area. Instead the Amended and Restated Plan eliminates and rescinds certain special land development regulations contained in the original Plan text in order to provide that all new development in the Project Area conforms to the City's current General Plan and current zone and development codes, and updates other language of the original 1973 Plan relating to relocation and affordable housing in a=rdance with the Law and finally reinstates the eminent domain powers of the Agency to acquire real property in the Project Area through the last day of the Plan's effectiveness on August 6,2013. Contents of this Report The contents of this Report are presented in 14 sections, which generally correspond to the subdivisions presented in Section 33352 of the Law. The sections are as follows: SECTION A Reasons for the Amended and Restated Plan and a Description of Specific Projects Proposed and How These Projects Will Improve or Alleviate Blighting Conditions Found in the Project Area SECTION B A Description of the Physical and Economic Conditions Existing in the Project Area o SECTION C Five-Year Implementation Plan ROSENOW SPEV ACEK GROUP. INC. JULY 2004 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO - ii - CENTRAL CITY NORTH REDEVELOPMENT PROJECT REPORT TO MAYOR AND COMMON COUNCIL - 0 SECTION 0 Why the Elimination of Blight and Redevelopment Cannot be Accomplished by Private Enterprise Acting Alone or by the Agency's Use of Financing Altematives Other Than Tax Increment SECTION E The Method of Financing SECTION F The Relocation Plan SECTION G Analysis of the Preliminary Plan SECTION H Report and Recommendation of the Planning Commission SECTION I Report of the Project Area Committee SECTION J General Plan Conformance SECTION K Environmental Documentation SECTION L Report of the County Fiscal Officer SECTION M Neighborhood Impact Report SECTION N A Summary of Agency Consultation with Affected Taxing Agencies 0 EXHIBIT 1 Initial Study and Program Environmental Impact Report EXHIBIT 2 Amended and Restated Redevelopment Plan o ROSENOW SPEV ACEK GROUP. INC. JULY 2004 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO - iii - CENTRAL CITY NORTH REDEVELOPMENT PROJECT REPORT TO MAYOR AND COMMON COUNCIL o lit Reasons for the Amended and Restated Plan and a Description of Specific Projects Proposed and How These Projects Will Improve or Alleviate Blighting Conditions Found in the Project Area When the Project was adopted in 1973, the Plan established various financial and time limitations involving the use of some of the redevelopment tools. In compliance with the Law, the use of eminent domain expired on December 8, 1998. While the Agency may continue projects and receive tax increment revenue, it is no longer able to use eminent domain without an amendment to re- establish this time limit. o The ability to acquire property for revitalization is one of the fundamental tools of redevelopment. In the Project Area, extension of the power of eminent domain will enable the Agency to consolidate lots in order to provide increased opportunities for redevelopment in the Project Area. Indeed, the major issues conceming the Project Area are the physical condition of structures, and the substandard lot size, which are affecting not only property values but also the I quality of life for residents within the Project Area. These issues are among the most serious factors confronting the Agency as it implements redevelopment programs in the Project Area, and were chief reasons for establishing the Project Area. By re-establishing the Agency's power of eminent domain, the Agency has the option to consolidate parcels for a comprehensive program of providing rehabilitation and stimulating redevelopment activity. The Agency's existing eminent domain authority was restricted to a 12-year time limit, and expired on December 8, 1998. Under the Law, the Plan's eminent domain time limit may be reinstated by up to 12 years if the Agency undertakes efforts to adopt an amended and restated plan as prescribed by the Law. As the Agency envisions possible land acquisition activities for future redevelopment projects, the Agency is proposing to adopt the Amended and Restated Plan to extend the eminent domain time limit to August 6, 2013, the time limit of the Plan. o Over the history of the Project, eminent domain has not been used by the Agency. However, the ability to use eminent domain is still critical for successful property negotiations. For example, without this authority, property acquisition efforts could stall if an owner of a vacant lot of substandard size (too small for current development under applicable zoning) held out for an excessively high price, given the property's highest and best use fair market value. In the Project Area, eminent domain is particularly important because there exists some ROSENOW SPEVACEK GROUP. INC. JULY 2004 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO . A-1 . CENTRAL CITY NORTH REDEVELOPMENT PROJECT REPORT TO MAYOR AND COMMON COUNCIL - o underutilized and/or irregular form and size shaped parcels that are insufficient for proper usefulness or development. This condition can contribute to economic decline and impaired investment as current owners are not able to rehabilitate their properties and future development is limited. I Even though the Agency has had some success in spurring economic development and providing for rehabilitation, the majority of the original conditions of blight continue to exist and demand further redevelopment activities. This is due in part to the economic downtum of the 1990's. The region, City and Project Area has never successfully recovered from this downtum or the closure of two major air force bases located within San Bemardino County. With the local economy stagnant, assessed value revenues have declined or remain limited for much of the first decade of the Project. This has severely limited the tax increment revenue available to the Agency to conduct redevelopment and only recently has the Agency been able to complete various rehabilitation activities that will now allow revitalization to move forward. However, with the expiration of the Agency's eminent domain authority, further efforts by the Agency to continue with revitalization, rehabilitation, and economic development could be seriously jeopardized. o o ROSENOW SPEVACEK GROUP. INC. JULY 2004 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO - A.2 . 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A Description of the Physical and Economic Conditions Existing in the Project Area Section 33352(b) of the Law requires a description of the physical and economic conditions that cause the Project Area to be blighted. This information was provided in the documentation that was prepared and provided as evidence that the Project Area was deemed blighted at the time of adoption. This documentation was entitled "The Report to the Mayor and Common Council" ("Original Report"). Although the definition of "blight" has significantly changed since the adoption of the Plan in 1973, this current Report to the Mayor and Common Council ("Report") will examine the continued existence of the specific conditions of blight, which were found to exist in the Project Area by the Council in 1973 under then-current law. When the Council adopted the Redevelopment Plan, it determined that blight existed in the Project Area based upon evidence in the record. Those findings are deemed to be final and conclusive under the Law. It follows that portions of the Project Area, which were blighted during their original adoption, have not been upgraded or modified since that time, and are still conclusively deemed to be blighted. This Section of the Report will examine both portions of the Project Area, which have not been modified and can be presumed to still be blighted, and which of the original conditions of blight are still present in the Project Area today. The Original Report documented the following blighting conditions in the Project Area: . Structurally substandard buildings; . Environmental deficiencies, including among others, small and irregular lot subdivision, inadequate street layout, overcrowding of land, and unsightly overhead utility lines; and . Lack of low or moderate housing units. For the purposes of adopting the Amended and Restated Plan, the Law does not require that the Project Area be as blighted as it was when the Project was adopted. Nor does the Law require, supporting the Amended and Restated Plan that the Council finds that the existing Project Area would meet the same standards for adoption of a new Project Area, but only that some of the original blighting factors continue to exist. The Law acknowledges and anticipates that the Agency's redevelopment program will eliminate at least some of the original blighting conditions, and accordingly, the Law requires this report to describe what blight remains. Under the Law in effect as of the time of the original plan adoption, even a single blighting factor may be sufficient to support the adoption of a redevelopment plan, so long as that condition causes a reduction of, or lack of proper utilization of the ROSENOW SPEVACEK GROUP,INC. JULY 2004 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO - B-1 - CENTRAL CITY NORTH REDEVELOPMENT PROJECT REPORT TO MAYOR AND COMMON COUNCIL - o area to such an extent that it constitutes a serious burden on the community which cannot be solved by private enterprise acting alone. This Section B, a combination of both physical and economic blight conditions, will demonstrate that many of the original blighting conditions found in the Project Area in 1973 still exist. The Agency has engaged in various activities in order to eliminate the detrimental physical, social, and economic conditions that were negatively impacting the area. Specific projects include: . Administrative offices for the City Unified School District, County Superintendent of Schools and Community College District have been developed; . Construction of the new Cinema Star Luxury Theatres at Fourth and 'E" Street; . Renovation and remodel of the 60 year old Califomia Theatre, home of the Civic Light Opera and Inland Empire Symphony Association; and . Construction of the new Central Police Facility. The Agency has worked on two senior housing facilities. A 75-unit senior housing facility, Sierra Vista, built at the comer of 6th and F Street opened April 2004. A second senior housing facility, Monte Vista, a 75 unit senior housing complex located at the intersection of 4th and H Street will be completed in September 2004. o Due to these actions, the Agency has been able to eliminate a small portion of the blighting conditions that existed in the Project Area. PROJECT AREA FIELD SURVEY In February 2003, a field survey of the Project Area noted that some of the buildings remain deteriorated, including housing, retail establishments, and industrial buildings. Additionally, some vacant parcels were observed. According to San Bemardino County Assessor records, accessed through Metroscan, the Project Area has a total of 651 parcels. Of the 651 parcels, 201 of them are vacant, resulting in a 30.88% vacant parcel rate whereas the vacant acreage shown on Table B-1 is approximately 21.59%. o The survey team was comprised of Sweta Bhattacharya and Katherine Han and accompanied by John Hoeger, Project Manager and Mike Trout, Project Manager, both with the Economic Development Agency, City of San Bemardino. Sweta Bhattacharya received her Bachelors of Art from Jadavpur University in Calcutta, India and her Masters in Planning from the University of Southem Califomia. Ms. Bhattacharya has worked on various projects for EI Monte, Montclair, Stockton, Fontana and Grand Terrace. Katherine Han graduated with a degree in Real Estate Finance from the University of Southem Califomia. Ms. Han has worked on projects for the City of Palm Desert, Lake Forest, Bell and Contra Costa County. Both Ms. Bhattacharya and Ms. Han have been with RSG for over two years. The purpose of the field survey was to locate and evaluate the exterior blighting conditions prevalent and remaining throughout the Project Area. ROSENOW SPEVACEK GROUP, INC. JULY 2004 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO - B-2 - CENTRAL CITY NORTH REDEVELOPMENT PROJECT REPORT TO MAYOR AND COMMON COUNCIL - o Felise Acosta and Don Gee supervised the survey team. Felise Acosta is the Project Manager and Principal at RSG. Ms. Acosta has directed the creation or amendment of project areas for the Cities of Buena Park, Burbank, Carson and Fontana. Don Gee is a Senior Associate with RSG and has worked on redevelopment plan adoptions and amendments, housing projects, economic development and business development activities. RSG is a multidisciplinary firm specializing in consulting services since 1979. Their clients have remained constant in their need for services in the areas of redevelopment planning, fiscal consulting, economic development, housing, govemmental services, real estate acquisition, and real estate economics. RSG utilizes a studio format, under the direct supervision of five managing partners. Their personnel shares years of experience, making the consultant-client relationship one of long-term confidence in maintaining its projects with a hands-on approach throughout. TABLE B-1 CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA BREAKDOWN OF LAND USE o LAND USE Acreage % of Total # of Parcels % of Total Commercial 31.99 22.46% 110 16.90% Industrial 1.84 1.29% 3 0.46% Office 21.56 15.14% '59 9.06% Public 3.06 2.15% 12 1.84% Recreational 5.66 3.97% 3 0.46% Residential 44.24 31.07% 248 38.10% Vacant 30.75 21.59% 201 30.88% Miscellanous 3.3 2.32% 15 2.30% TOTAL 142.4 651 Source: Metroscan 2003 CITY VS. CENTRAL CITY NORTH ASSESSED VALUES The success of the Project Area can also be measured by the increase in valuation of the redevelopment. Table B-2 takes the assessed value ("AV') of the Project Area for the past five years and compares it to the City's assessed value for the same time period. From 1998-99 to 2002-03, the Project Area has only increased in assessed value by 1.76% or an average of .69 per year. The overall City for the same period has increased by 7.14%, an average of 1.74% per year, a factor more than three times the Central City North rate of increase. An increase that is less than the 2% per year growth rate is not keeping up with the rate of inflation. o ROSENOW SPEVACEK GROUP, INC. JULY 2004 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO - B-3 - CENTRAL CITY NORTH REDEVELOPMENT PROJECT REPORT TO MAYOR AND COMMON COUNCIL ~ o TABLE B-2 CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA HISTORICAL ASSESSED VALUATION Central City North City of San Bernardino Assessed Value % Change Assessed Value % Change 1998/99 $ 95,146,072 -0.50% $ 3,856,207,176 0.86% 1999/00 $ 94,668,234 -8.11% $ 3,889,385,316 1.15% 2000/01 $ 86,987,904 12.07% $ 3,933,968,675 2.21% 2001102 $ 97,487,748 -0.69% $ 4,021,058,224 2.75% 2002103 $ 96,818,278 $ 4,131,626,923 AVERAGE INCNEAR INCREASE FROM 98/99 to 02103 0.69-1. 1,76% 1.74'/. 7.14'1. Source; San Bernardino County Assessots Office DETERIORA TED AND DILAPIDA TED BUILDINGS The existence of older structures is an indicator of blight and is a sign of a lack of reinvestment in the area. The average age of the buildings within the Project Area is 76 years old according to MetroScan. The average structural life of a building is 55 years and buildings begin to show signs of age and obsolescence after 25 years. For example, most roofs last 20-30 years and regular repainting and repairs are needed to protect and maintain the integrity of the buildings. o TABLE B-3 CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA BUILDING AGE Before 1900 1900-1909 1910-1919 1920-1929 1930-1939 1940-1949 1950-1959 1960-1969 1970-1979 1980-1989 1990+ TOTAL Average Age # of Buildinlls 4 36 57 23 o 6 5 8 1 8 12 160 % of Tolal Buildinos 2.50% 22.50% 35.63% 14.38% 0.00% 3.75% 3.13% 5.00% 0.63% 5.00% 7.50% 100.00% 1927 Source: Metroscan 2003 For commercial or industrial structures the Agency may need to acquire any offending properties. Acquisition of such properties may require the use of eminent domain to accomplish the Agency's goal of eliminating these conditions of deterioration. o Structures that are aged and deteriorated pose a significant liability for the City, in regards to both health and safety issues as well as an economic liability. By allowing citizens to work and live in deficient structures, the community is subjected to ROSENOW SPEVACEK GROUP,INC. JUL V 2004 REDEVELOPMENT AGENCV OF THE CITY OF SAN BERNARDINO - B4 . CENTRAL CITY NORTH REDEVELOPMENT PROJECT REPORT TO MA VOR AND COMMON COUNCIL o o o - increased safety risks from fire, accidents, and other hazards found in deteriorated structures. As demonstrated by Figure B-1, if regular maintenance is not done, first minor, and then major failures will result over time. As the cost of renovating the building goes up exponentially over the years, structural failures occur and the building cannot be recovered. Since the property owners fear that they will not realize a retum on an investment in rehabilitation, buildings are often neglected. Poor building conditions indicate limited reinvestment in the building stock through renovation and rehabilitation, and reflect a weak environment for private sector development or redevelopment. FIGURE B-1 TIMEIREPAIR COST CORRELATIONS Structural failures occur ----------------------------------r---------,- I " ~ o ~ ." 0. ~ I Structure not usable I / ---------------------------------------------~ I I / c I / / --;----- Start of major failures Normal wear Start of minor failures ----------------- Minor repair Time in years Preventive maintenance ~ Total cost of major repair (C) Total cost of minor repair (B) Total cost of preventive maintenance (A) PREVENTlVE MAINTENANCE (bottom line) not only costs markedly less in aggregate than repairing building failures, it reduces human wear and tear. A building whose systems are always breaking or threatening to breaI< is depressing to the occupants, and that brings on another dimension of expense. This diagram is adapted from Preventive Maintenance of Buildings (New York: Van Nostrand Reinhold, 1991), p.3. ROSENOW SPEVACEK GROUP,INC. JULY 2004 REDEVELOPMENT AGENCY OF ll-iE CITY OF SAN BERNAROINO - B-5 - CENTRAL CITY NORTH REDEVELOPMENT PROJECT REPORT TO MAYOR AND COMMON COUNCIL o o o - The following photos depict deteriorated/dilapidated conditions found in the Project Area during the initial field survey and subsequent field survey updates: Photo 1 - APN 134-ll61-30ILanduse - Commercial - Picture of a commercial building located along the 600 block of W. S' Street (forrnerty Sir George's Buffet). This building is an example of the detertoration and dilapidation found in the Project Area. Photo 2 - APN 134-093-41iLanduse - Commercial- Picture of one of the several dilapidated motels located in the Project Area. Note the outdated sign age and building. ROSENOW SPEVACEK GROUP, INC. JULY 2004 REDEVELOPMENT AGENCY OF THE CllY OF SAN BERNARDINO - B-6 - CENTRAL CllY NORTH REDEVELOPMENT PROJECT REPORT TO MAYOR AND COMMON COUNCIL o o o - Photo 3 - APN 134-071-56/Land Use- Commercial- Example of underutilized parking lot located in the Project Area in need of maintenance, ~.~ ~]' -';'C".~.~ "..,. . . ,.,.., .-.jiI Photo 4 - APN 134-081-18/Land Use- Commercial- Vacant commercial building with deferred maintenance. This building is the former Western Savings Bank iocated on the 500 block of North E Street. In acdition to the deferred maintenance, the property is in need of cosmetic upgrades and a tenant. ROSENOW SPEVACEK GROUP, INC. JULY2Q04 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO - B-7 - CENTRAL CITY NORTH REDEVELOPMENT PROJECT REPORT TO MAYOR AND COMMON COUNCIL o o o - Photo 5 - APN 134-054-24/Land Use-Commercial- One of the many vacant lots located In the Project Area Photo 6 - APN 134-054-25/Land Use-Commercial- Vacant commercial building fonmerly a gas station located along the 700 block of W. 5th Street. ROSENOW SPEVACEK GROUP. INC. JULY 2004 REDEVELOPMENT AGENCY OF THE CllY OF SAN BERNARDINO - B-8 - CENTRAL CllY NORTH REDEVELOPMENT PROJECT REPORT TO MAYOR AND COMMON COUNCIL o o o ~ Photo 7 - APN 134-U13-11/Land Use- Residential-Pielure of a SFR located 700 tJock of W. 6th Street. This building is an example of deteriorated exterior building material, eaves and porch. Photo 8 - APN 134-U14-U7/Land Use- Residential- One of the several boarded up vacant buildings located along the 600 block of Crescent Avenue with broken windows and graffiti. ROSENOW SPEVACEK GROUP, INC. JULY 2004 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO - B-9 - CENTRAL CITY NORTH REDEVELOPMENT PROJECT REPORT TO MAYOR AND COMMON COUNCil o o o . - Photo 9 - APN 140-OO1-07/Land Use- Residential - Severely deteriorated SFR located on the 700 bloc!< of North Mayfield. Note deteriorated exterior building materials, extensive weather and water damage to exterior, one of the porch supports has fallen and the porch covering is falling apart. . Photo 10 - APN 134-014-09/Land Use- Residential- A vacant lot located in a residential portion of the Project Area with trash and debris. ROSENOW SPEV ACEK GROUP, INC. JULY 2004 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO - B-10 - CENTRAL CITY NORTH REDEVELOPMENT PROJECT REPORT TO MAYOR AND COMMON COUNCIL o o o u_ Photo 11 - APN /Land Use- Residential - One of the several fire-<lamaged buildings in the area. Located on the 500 block of West'" Street, this building creates an attractive nuisance and a safety hazard for nearby residents. I I I Photo 12 - APN 134-()11.o8lLand use- Residential- SFR located along the 800 block of W. 7th Street with severe roof and eaves deterioration. ROSENOW SPEVACEK GROUP, INC. JULY 2004 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO - B-11 - CENTRAL CtTY NORTH REDEVELOPMENT PROJECT REPORT TO MAYOR AND COMMON COUNCIL o o o - Photo 13 - APN 134-014-OO/Land Use- Residential. Close up of a multifamily building located on the 600 block of Crescent Avenue. This picture shows severeiy deteriorated eaves, exposed electrical wiring, and overall deterioration of exterior building materials. As some of the buildings within the Project Area have aged and maintenance has been deferred, property values, including those in surrounding areas have declined along with tax revenues and sales tax revenues. Discussion of these effects is included in the economic conditions of this report. MIXED AND INCOMPA TIBLE USES The Project Area is characterized by commercial, industrial and residential uses located adjacent or in close proximity to each other. By allowing conflicting uses to exist adjacent to each other, local residents and businesses are faced with conditions that can be detrimental to a healthful living environment and can result in declining property values. Incompatible uses present safety hazards as individuals are subjected to high levels of noise, pollution, and additional traffic hazards. There is also an increased risk of exposure to dangerous and hazardous accidents that may occur at neighboring industrial sites. These conditions adversely affect the quality of life for the local residents and impact the local businesses. Retail and industrial uses are adversely impacted by their location among different incompatible uses. These conditions can make loading aocess more difficult because ingress and egress to commercial properties are more complicated. This can lead to traffic congestion and overall limited expansion potential. As a result, property values can decline due to the limited quality and quantity of development opportunities. In order to make redevelopment of this area possible, expensive corrective measures will be needed to reduce and/or eliminate existing incompatibility. Conflicting uses lead to a negative physical, social, and economic atmosphere, which leads to neglect of property and buildings. The effects of incompatible uses and the resulting ROSENOW SPEVACEK GROUP, INC. JULY 2004 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO . B-12 - CENTRAL CITY NORTH REDEVELOPMENT PROJECT REPORT TO MAYOR AND COMMON COUNCIL o declining property values and quality of life for local residence result in reduced tax revenues to the Community, increased costs for public services, and a decline in public services and facilities. Re-establishing the power of eminent domain will allow the Agency to effectively buffer andlor consolidate parcels to deal with the problem of incompatible land uses. Incompatibility issues between commercial, industrial and residential use properties can be resolved not by removal and relocation of residents, but by fostering redevelopment of commercial use property on a sustainable economic basis and by applying current building construction standards and development codes to remodeled and new commercial and industrial structures and by requiring adequate buffers between different uses. o Photo 14 - APN 140-272-05/Land Use- Residential- Example of mixed and incompatible use in the Proiect Area. This is a SFR converted to a commercial use located on a residential street. LOTS OF IRREGULAR FORM AND SIZE Assessing all the lots in the Project Area and comparing them to the City's minimum lot size requirements on a parcel by parcel basis for each permitted land use, 72.77% of the parcels are non-conforming and do not meet the minimum lot size requirement. In order to mitigate these blighting conditions and their effects, the Agency hopes to develop a comprehensive program that will consolidate lots into larger parcels and redevelop or rehabilitate them for proper future development. However, much of the housing was built before the commercial and industrial development, which occurred where there was space, regardless of surrounding uses. By consolidating lots, the Agency would be able to unify land uses and improve traffic conditions created by excessive subdivided lots. o ROSENOW SPEVACEK GROUP, INC. JULY 2004 REOEVELOPMENT AGENCY OF THE CITY OF SAN BERNAROINO - B-13 - CENTRAL CITY NORTH REDEVELOPMENT PROJECT REPORT TO MAYOR AND COMMON COUNCIL .. o TABLE B-4 CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA NON-CONFORMING PARCELS Non-Conforming Total # of land Use Designiation Parcels Parcels Commercial- General 0 2 Commercial- Office 1 6 Commercial- Regional 226 362 Residential- Medium 186 199 Residential- High 20 26 Total 433 595 % of Non- Conforming Parcels 0.00% 16.67% 62.43% 94.97% 76.92% 72.77% Source: 2003 Metroscan and San Bernardino Information Systems PREVALENCE OF ABSENTEE OWNERS The prevalence of absentee owners can have detrimental effects on building conditions and their maintenance. In fact, a contributing factor to the deterioration of buildings in the Project Area is the high percentage of absentee owners within the area. When owners of property do not live within the same area where the property is located, there is a less likely chance that they will visit the property on a regular basis and provide the needed maintenance. o TABLE B-5 CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA ABSENTEE OWNERS 00 0 sene aO senee CITY Parcels Owners Owners Colton Fontana Grand Terrace Highland Rialto San Bernardino 3,594 7,107 775 3,235 4,374 18,000 13,691 35,574 3,696 13,987 23.132 55.328 Central City North Project Area 651 424 Source: MetroScan 2OO3.......ere absentee owners have a different zip coda from the business Of residence they own. 26.25% 19.98% 20.97% 23.13% 16.91% 32.53% 65.13% As shown in Table 8-5, the Project Area has a substantially higher percentage of absentee owners than surrounding areas. The amount of the properties owned by owners outside of the area leads to deferred maintenance, which may lead to unsafe and unhealthy working and living conditions for residents of the area. These conditions can limit future redevelopment opportunities and therefore are also a contributing factor to the economic blight in the area. o ROSENOW SPEVACEK GROUP, INC. JULY 2004 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO - B-14 - CENTRAL CITY NORTH REDEVELOPMENT PROJECT REPORT TO MAYOR AND COMMON COUNCIL o o o - CODE COMPLIANCE CASES For the five-year period of 97-98 through 00-01, code compliance cases for the Project Area exceeded the general norm for the City. Taking the total number of Category 4 cases (deteriorated/dilapidation) and dividing by the number of residents, the Project Area has a rate of more than 5 times for deteriorated/dilapidated cases than the City as shown on Table ~ below. This indicates that the area still has blight problems that need to be corrected through the redevelopment process. TABLE 8-6 CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA CODE COMPLIANCE CASES I City-Wide Code Compliance Cases Net of RDA Category 1 2 3 4 Total Cases Year Number ". af Total Number Y. of Total Number % afTotal Number ",otTotal I 1997 794 8.31% 3,701 23.78% 452 25.04% 28 26.17% 4,975 1998 1,446 15.13% 3,253 20.90% 439 24.32% 22 20.56% 5,160 1999 2,296 24.03% 3,333 21.42% 415 22.99% 24 22.43% 6,068 I 2000 2,258 23.63% 2,614 16.80% 353 19.56% 22 20.56% 5.247 . 2001 2,762 28.90% 2,662 17.10% 146 8.09% 11 10.28% 5,681 Totals 9,556 35.35'/. 15,563 51.57'/. 1,805 6.68% 107 0.40% 27,031 . Central City North Project Area Code Compliance Cases Category 1 2 3 4 Total Cases Year Number 'I. of Total Number % of Total Number % of Total Number % of Total I 1997 44 20.56% 13 16.25% 4 19.05% 1 16.67% 62 1998 25 11.68% 9 11.25% 3 14.29% 1 16.67% 38 1999 45 21.03% 7 8.75% 5 23.81% 3 50.00% 60 2000 67 31.31% 44 55.00% 4 19.05% 0 0.00% 115 2001 33 15.42% 7 8.75% 5 23.81% 1 16.67% 46 Totals 214 66.67Y. 80 24.92Y. 21 6.54'1. 6 1.87'1. 321 I &J~es 1) City of San Bernardino Information Services 2002 2) City of San Bernardino Code Compliance 2002 3) 'lSG Case Coding 2002 4) Net of ROA means cases in redevelopment project areas 'N'Ell"e not part of the Citywtde totals 5) CategQlies: 1"' MiOOfVlOtalion. 2'" Moderate Violation, 3.. Major Violation. 4'" OelefioratlonlDilaplclation As shown below in Figure B-2, a large percentage of the Project Area has been affected by code compliance cases. The volume of code compliance cases for the area when compared to the entire City is another indicator of existing blight and other problems, The number of code compliance cases indicates the run down nature of the Project Area and also indicates that the area requires more of the City's resources to combat blight. ROSENOW SPEVACEK GROUP, INC. JULY 2004 REDEVELOPMENT AGENCY OF THE CllY OF SAN BERNARDINO - B-15 - CENTRAL CllY NORTH REOEVELOPMENT PROJECT REPORT TO MAYOR AND COMMON COUNCIL o o o . · 10TH \ ~,,- I@ I~ ~ . ., -1. 8TH ~ Ii I I fnH I! i I I' ~ I t I ,- SPRUCE I I I I I I~ z - - . . 10002000 III FIGURE B-2 I ~ W 10TH ~T ~ lrii I~ IZ TEMPLE I~ I~ TEMPlE I 01 ~ W' ;;:1 >-' ~I W9TH TW9THS '" 13 I ~ W 9liH ST f---- 00 ~ ~ in ~ " B" "-1]11",' 'I"'TII - ~~ .. . . - ,,!~~" Ulfl[t,~-" ~~.. .. -III'''' · ;'00 iL'; I!\IIt~R~ ", .! " . , ,CHURCH -:"'~ · ;.II. II . H S "It" 3iii "I III ....- _-,: ~ ',;;> 1.- _, I i~ ,0 ~ m " m " ., '" z " 3RD W 2ND ST I'" z 1 z " z Gl I~ m ~ 0 lJl 0 lJl . Fee -t 12 -t 4000 6000 ., JII ~I!I I! City of San Bernardino Central City North Redevelopment Project Code Compliance Cases 1997-2001 ROSENOW SPEVACEK GROUP, INC, JULY 2004 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO - B-16 - CENTRAL CITY NORTH REDEVELOPMENT PROJECT REPORT TO MAYOR AND COMMON COUNCIL o o o - CRIME RATES According to the Law, "a high crime rate that constitutes a serious threat to the public safety and welfare" is a condition of economic blight. In order to assess the impact of crime within the Project Area, information regarding the incidence of violent and other serious crime reported by the City's Police Department for the Project Area and the City was analyzed. TABLE B-7 CENTRAL CITY NORTH REDEVELOPMENT PROJECT CRIME STATISTICS T atal Number of Crimes 199912000 2000/2001 2001/2002 Project Area City Project Area City Project Area City Murder 1 25 3 31 4 36 Robbery 93 800 102 825 88 897 Assault 189 2,691 192 2,777 258 2,755 Rape 18 137 10 131 9 145 Arson 9 113 24 144 5 116 Burglary 258 2.221 228 1.655 242 1.207 TOTAL 568 5,987 559 5,563 606 5,156 Number of Crimes per 1,000 People 199912000 2000/2001 2001/2002 Project Area City Project Area City Project Area City Murder 0.45 0.13 1.35 0.17 1.80 0.19 Robbery 41.85 4.27 45.90 4.40 39.60 4.78 Assault 85.06 14.35 86.41 14.81 116.11 14.69 Rape 8.10 0.73 4.50 0.70 4.05 0.77 Arson 4.05 0.60 10.80 0.77 2.25 0.62 Burglary 116.11 11.85 102.61 8.83 108.91 6.44 TOTAL 255.63 31.93 251.58 29.67 272.73 27.50 The above crime rates for the Project Area indicate a continuing problem with crime. From 1999 to 2001, comparison of the Project Area and the City crimes and crime rates shown on Table B-7 indicate that the area is having a significantly higher rate of crime for all categories. During Fiscal Year 2001/2002, the Project Area experienced 272.73 total crimes per 1,000 people while the City experienced 27.50 total crimes per 1,000 people, a rate of 9.92% or about 10 times greater than the City rate. This area requires a disproportionate amount of City resources and police services. Figure B-3 shows the distribution of Part 1 Crimes of murder, rape, robbery, aggravated assault, burglary, larceny, and grand thief auto within the Project Area for a period of 3 years. ROSENOW SPEVACEK GROUP. INC. JULY 2004 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO - 6-17 - CENTRAL CITY NORTH REDEVELOPMENT PROJECT REPORT TO MAYOR AND COMMON COUNCIL - 0 FIGURE B-3 J W10 ST 10TH " >- '" >- >- '" " w '" '" m " '" z W TEMPLE ST w 0 " :! z z m >- I- Z '" '" 0 .... "' ~ Cl u. ~ z W9THST z 9THS W9TH S I- Z Z '" m ~ u. '" z W UNION ST .... z 0 ~ in '" r .... 0 )> 9.f ~ HST } 'if, w VINE 5T f z '" '" 0 ~ ~ c z z ~ .... ~ W HST )> < in " ~~ r m ,..(E cW 1 m " r ~ ~ W CHURCH ST in r 0 0 m ~ '" m 5TH 5T .... I " W4 ST , '" I .... 3RD 3RD ST I z · - '" .... z 0 W2NDST !'l r > "' + '" 0 .... z z z a: W KING ST " ~ m "' '" 0 250 500 1,000 1,500 2,000 2,51f. .... 0 - - , ee 0 I- WRIALT AVE '" W IALTQAVE o I. City of San Bernardino Central City North Redevelopment Project Part 1 Crimes from 7/31/99 to 7/31/02 11 ROSENOW SPEVACEK GROUP, INC. JULY 2004 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO - B-16- CENTRAL CITY NORTH REDEVELOPMENT PROJECT REPORT TO MAYOR AND COMMON COUNCIL o ECOMONIC INDICA TORS AND ECONOMIC CONDITIONS Certain socio-economic factors are also good indicators of economic blight and whether these conditions still exist in the Project Area. Table 8-8, shown below, indicates that the residents of the Project Area when compared to the City of San Bemardino, County of San Bemardino, State of Califomia, and the Nation are making significantly less income. The median household income for the Project Area is approximately 20% less than the City of San Bemardino and approximately 25% than the rest of the County. Additionally, the Project Area has a significantly higher percentage of rented dwellings versus owned dwellings. A high number of renters indicate that the median home price is out of the range of the median household to purchase. This is another indicator that the residents of the Project Area are economically disadvantaged relative to surrounding areas. TABLE B-3 CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA ECONOMIC DATA City of San Bernardino Project Area County of San Bemardino Population Per Capita Income Median Household Income Average Household Income Average Household Size % Owned Dwellings % Rented Dwellings I $ $ $ 2,222 6,005 $ 38,550 $ 18,848 $ 3.1 16.10% 83.90% 187,484 15,375 $ 48,178 $ 51,485 $ 3.3 53.46% 46.54% 1,760,908 19,126 52,086 62,419 3.3 64.72% 35.28% State of Nation California 34,561,775 286,999,830 $ 24,527 $ 22,128 $ 58,379 $ 44,508 $ 72,444 $ 58,807 3.. 2.7 57.14% 66.53% 42.86% 33.47% o Source: Applied Geographic Solutions I Retail Sales are another indicator of the economic health of the Project Area. Table B-9 shows the Project Area sales tax revenue for years 1997 to 2001 for the Project Area, the entire City and the County. Looking at the numbers, it is evident that the sales tax revenue for both the City of San Bemardino and the County of San Bemardino has increased. The City of San Bemardino had $1,827,233 in sales tax revenue in 1997 and $2,451,610 in sales tax revenue in 2001. This is an increase of over 34%. In the County, sales tax increased from $14,005,016 in 1997 to $19,684,143 in 2001, an increase of over 40%. Meanwhile, in the Project Area, sales tax revenue went from $217,870 in 1997 to $221,934 in 2001, an increase of less than 2%. The almost stagnant growth in the Project Area indicates that there has been little economic growth in the commercial portion. TABLE 6-9 CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA SALES TAX REVENUE Year FY 1997 FY 1998 FY 1999 FY 2000 FY 2001 Project Area $217,870 $221,931 $206,969 $221,990 $221,934 City of San Bernardino $1,827,233 $1,961,667 $2,161,545 $2,349,850 $2,451,610 Cou~tv of San Bernardino $14005,016 $15002,297 $16787376 $18,885,438 $19,684 143 Source: City of Sail Bernardlllo o The declining value of the rental business licenses is also an indication of the Project Area's economic health. As shown in Table B-10, the value of the rental business ROSENOW SPEVACEK GROUP, INC. JULY 2004 REOEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO - 6-19 - CENTRAL CITY NORTH REDEVELOPMENT PROJECT REPORT TO MAYOR AND COMMON COUNCIL . ~ o licenses has declined from year 2000 to year 2002. The Project Area has seen a decline of 13.27% in total value of licenses from 2000 to 2002 while the City of San Bemardino saw an increase of 1.43%. This is an indication that the Project Area is not keeping up with the rest of the City and is actually declining as a business and rental area. This is a further indication that the Project Area has continued to see stagnant economic growth and that private enterprise itself cannot take care of the decline or the revitalization of the area. The decline in rental value of the licenses in the Project Area is an indication of the lack of reinvestment in the area's rental properties. Without reinvestment, properties will continue to deteriorate and decline in value. o % Change from # of Licenses Value of Licenses Prior Year Value 2000 Project Area 102 $ 297,393 NA City of San Bernardino 6.387 $ 61,125,735 NA 2001 Project Area 102 $ 291,893 -1.85% City of San Bernardino 6,352 $ 64,435,806 5.42% 2002 Project Area 96 $ 257,940 -11.63% City of San Bernardino 5,945 $ 62,000,259 -3.78% Total Number of Licenses Change from 2000 to 2002 Project Area .5.88-;. City of San Bernardino -6.920/. Total Value of Licenses Change from 2000 to 2002 Project Area ..13.270/. City of San Bernardino 1.43% TABLE B-10 CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA RENTAL BUSINESS LICENSES (2000-2002) Source: City of San Bernardino Infonnation Services 2002 Figure B4 below illustrates the location and type of business licenses that were issued from 2000 to 2002. Note that the amount of business licenses for 2002 is lower than of previous years. Also this map illustrates that there have been almost no new business licenses located in new areas. Most of the 2001 and 2002 permits were issues for areas that had permits given in 2000 as well. o ROSENOW SPEVACEK GROUP, INC. JULY 2004 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO - B.20 - CENTRAL CITY NORTH REDEVELOPMENT PROJECT REPORT TO MAYOR AND COMMON COUNCIL - o FIGURE B-4 . III >qf# ~1!."~ ~ /f."' '!B' 'l!l"~ ~ l!Jl~~'~,,!jjli :v;; mfi i~'m ~m ,'iijjj'jfj!! ,o~...... 8TH 1it'~ ~; - ~~, ,.,m '!m. liJm :r 'm -( at! fi1a' o :!" ;;t.! I:Mt ~ M . ;c j)> ;;;mil ,::; in r- 0--- ;jJij :~, "~Fi ",m ~" '-( :g , mall. -D U BICTO:IA 8 ~ - *' ~J. 'E, %~ TH' 'il . ... ':1' :' ! i I - ~ .'i:rl ~,~ w ~ ~ '1' 3: 'llf" ' '1If;mm'.. ~ Oflii", ,,~;~W~Ctt~;~'1 ~ . ti'4;t '1,:If- ~i~: g ~ .'~ ... T,.jj jE' . ""m; r \4:i >Mt - t:5TH " ~~ ~"" a I I I I I I . ;mi iJiPj ';;;mil 4f"""""", ;\" '# 4!F ~ ",!wi Bl ~ i>1 ~ Iii ~ h .!l' le,'",'~~~~,~ ~ , " ,iltO, RT'''' .... ~j I Legend: [Zl.o.. v -- ~""...... 2002' III ..~..' , '* S.....F~R........, ;i Commen:io......... , """"'"- CARQJ!~EL 3RD I 2001 1- .....,.FamII'R.......lI.. ;i Comme<daI RenwJ aOup~~-; 2000 ~ ..,.".,,;;,.; l!1Il SIngle F..,ay R~nlIol ;i Comme<claI........ ao.pIe,rr_ ... m 0 ~ :ll 2ND, 0 N :l: 0 W+E ~ II: ~ 0 0 0 s Iii ...... SeaIo RIALTO o fI ( - "~ ,- ~ - -, -~.,..~ -- ~--~-~- j -~ "" , Business Licenses - Type: Rentals lili!i_ C~ntrflLQityl~LorthJ~QA_" ",', ,,__ II ROSENOW SPEVACEK GROUP,INC, JULY 2004 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO , B-21 - CENTRAL CITY NORTH REDEVELOPMENT PROJECT RI=PnRT Tn ~.4AV()R ANn ('nMMnN (Y'l! INrI! o o o - Section I I Fwe.Year Implementation Plan 1 On December 20, 1999, the Agency adopted its current Five Year Implementation Plan ("Implementation Plan") for the Project. The Implementation Plan contains specific goals and objectives for the Project Area, the specific projects, and expenditures to be made during the five-year planning period, and an explanation of how these goals, objectives, and expenditures will eliminate blight within the Project Area. The Implementation Plan is not affected by this Amended and Restated Plan and is incorporated herein by reference. ROSENOW SPEVACEK GROUP. INC. JULY 2004 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO - C-' - CENTRAL CITY NORTH REDEVELOPMENT PROJECT REPORT TO MAYOR AND COMMON COUNCIL - on Why the Elimination of Blight and Redevelopment Cannot Be Accomplished by PriVate Enterprise Acting Alone or by the ~cy's Use of Financing Alternatives Other Than Tax Increment I Section 33352(d) of the Law requires an explanation of why the elimination of blight in the Project Area cannot be accomplished by private enterprise alone. or by the Agency's use of financing altematives other than tax increment financing. This information was previously provided at the time of the adoption of the original , . Plan. The Amended and Restated Plan Will not make any changes that would affect the validity of the previously prepared documentation. o o ROSENOW SPEVACEK GROUP,INC. JULY 2004 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO . lJ..1 . CENTRAL CITY NORTH REDEVELOPMENT PROJECT REPORT TO MAYOR AND COMMON COUNCIL - on I Th~ Method of Financing Section 33352(e) of the Law requires inclusion of a proposed method of financing I the Project. This documentation was provided in the Original Report, incorporated herein by reference. Because the Amended and Restated Plan will not alter the Project Area boundaries or affect the base year value of the Project Area, the Amended and Restated Plan will not change the method of financing the Project. o o ROSENOW SPEVACEK GROUP, INC. JULY 2004 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO - E-1 - CENTRAL CITY NORTH REDEVELOPMENT PROJECT REPORT TO MAYOR AND COMMON COUNCIL - I on Th~ Relocation Plan Section 33352(1) of the Law requires inclusion of a Method of Relocation for the Project Concurrent with the adoption of the original Plans, the Agency adopted as its Method of Relocation the Califomia Relocation Assistance and Real Property Acquisition Guidelines, as they existed or are subsequently amended. Also, as a public agency, the Agency is required to adhere to State Relocation Law to the extent relocation is necessary. The Amended and Restated Plan restates the original relocation assistance provisions to clarify that the Agency's existing Method of Relocation for the Project satisfies all current provisions of the Law. o c ROSENOW SPEVACEK GROUP, INC. JULY 2004 REDEVELOPMENT AGENCY OF THE CllY OF SAN BERNARDINO - F.1 . CENTRAL CllY NORTH REDEVELOPMENT PROJECT REPORT TO MAYOR AND COMMON COUNCIL o o o - . Section I , AnJlysis of the Preliminary Plan I Section 33352(g) of the Law requires the inclusion of an analysis of the Preliminary Plan. This information was provided in the Original Report prepared at the time the original Plan was adopted. The Amended and Restated Plan does not alter the analysis of the Preliminary Plan contained in the Original Report. ROSENOW SPEVACEK GROUP. INC. JULY 2004 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO - G-1 - CENTRAL CITY NORTH REDEVELOPMENT PROJECT REPORT TO MAYOR AND COMMON COUNCIL - I o I!I . , I R~rt and Recommendation of the Planning Commission I Section 33352(h) of the Law requires inclusion of a report and recommendation of the City of San Bemardino Planning Commission ("Planning Commission"). The Planning Commission selected a project area and prepared the Preliminary Plan 'on July 15. 1969. in which they recommended approval. A record of this action is documented in the approved minutes of the Planning Commission. No resolution was adopted at the time. The proposed Amended and Restated Plan does not alter or modify any of the City's General Plan land use designations or requirements on properties in the Project Area. Consequently, a new report and recommendation of the Planning Commission is not required by the Law. o o ROSENOW SPEVACEK GROUP. INC. JULY 2004 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO - H-1 - CENTRAL CITY NORTH REDEVELOPMENT PROJECT REPORT TO MAYOR ANO COMMON COUNCIL - I on j I ReP9rt of the Project Area Committee I On February 20, 2003 the Agency held a Community Forum meeting to inform I the residents, tenants, businesses, and property owners of the Amended and Restated Plan after a public notice was published in the newspaper and a . newsletter was sent to all the aforementioned parties. Since eminent domain was to be reinstated on all properties in the Project Area and certain or anticipated . public improvements may displace low and moderate-income residents, the formation of a Project Area Committee ("PAC") was necessary in connection with the proposed adoption of the Amended and Restated Plan. After the PAC was formed and after the election of its Board of Directors, the Council confirmed the election of the Board of Directors at its meeting of April 5, 2004. The PAC was provided with a draft of the Amended and Restated Plan and other related documents at least 30 days prior to the July 19, 2004, Joint Public Hearing. o On July 7, 2004 the PAC met and voted to recommend to the Mayor and I Common Council and Community Development Commission adoption of the Amended and Restated Plan. The minutes and actions of the PAC meetings are attached following this section. o ROSENOW SPEVACEK GROUP,INC. JULY 2004 REDEVELOPMENT AGENCY OF THE CllY OF SAN BERNARDINO - 1-' - CENTRAL CllY NORTH REDEVELOPMENT PROJECT REPORT TO MAYOR AND COMMON COUNCIL o o o - MINUTES CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA COMMITTEE (PAC) CITY OF SAN BERNARDINO REGULAR MEETING July 7, 2004 1. CALL TO ORDER I Chairman Claborn, at 6:39 p.m., called the regular meeting to order for the Central City N~rth Redevelopment Project Area Committee (PAC) Wednesday, July 7, 2004 in the BJard Room at the Economic Development Agency, 201 North "E" Street, Suite 301, S~ Bernardino, CA. . PAC members present: David Suiter, Miranda Zienowicz and Bryan Claborn. PAC members absent: Adam Eliason Also present: Mike Trout, Economic Development Agency. 2. Members of the public present: none I PUBLIC COMMENTS I None . 3. CONSIDERATION AND APPROVAL OF THE CENTRAL CITY NORTH PROJECT AREA COMMITTEE MINTUES , MOTION: That the minutes of the Central City North Redevelopment Project Area Committee Meeting of May 12, 2004 reviewed as submitted in Typewritten form and approved. A motion was made by Committee Member Suiter and seconded by Committee Member . Zienowicz that the minutes for the May12, 2004 Central City North PAC meeting be a~proved. The motion passed 3-0. 4. DISCUSSION OF AUGUSTUS D. SUITER LEITER AND POSSIBLE ACTION PAC members discussed the letter which described the lack of ball fields, basketball courts and/or other recreational facilities within the project area. After discussing the need and benefit to not only those in the project area but also to those in the surrounding community, a motion was made by Committee Member Suiter and seconded by Committee Member Zienowicz that Mike Trout, Project Manager, prepare a letter, in behalf of and for the signature of PAC members, to Mayor Valles outlining the need of sporting facilities in the project area. The motion passed 3-0. o o o - s. DRAFT AMENDED AND RESTATED CENTRAL CITY NORTH REDEVELOPMENT PLAN . M9T10N: That the Central City North Redevelopment PAC recommends}o the Mayor and Common Council and the Community Development Commission to adopt the Draft Amended and Restated Redevelopment Plan for the Central City North Redevelopment Project Area. PAC members and Agency Staff discussed the need for the amended and restated aciendment. Also discussed the amendment adoption process, what would take place at the July 19, 2004 joint public hearing and when the ordinance would take affect if ad~pted at theJuly 19,2004 public hearing. A motion was made by Chairman Claborn seconded by Committee Member Zienowicz thAt the PAC recommends to the Mayor and Common Council and the Community De'velopment Commission adoption of the Amended and Restated Redevelopment Plan for the Central City North Redevelopment Project Area. The motion passed 3-0. 6. ADJOURNMENT . A motion was made by Chairman Bryan Claborn and seconded by Committee Member Miranda Zienowicz that the meeting be adjourned to Wednesday, August 4, 2004 at 6:30 p.m. in the Board Room of the Economic Development Agency, 20 I North "E" Street, Su'ite 301, San Bernardino. The motion passed 3-0. The meeting was adjourned at approximately 7:41 p.m. By: Adam Eliason, Vice Chairman/Secretary () I AGENDA CEN'URAL CITY NORTH PROJEC A COMMITTEE I CITY OF SAN BERNARDNO ~ Regular Meeting Wednesday, June 2, 2004 Economic Development Agency 201 North "E" Street, Suite 301 San Bernardino, CA 6:30 p.m. NOTICE TO THE PUBLIC o I THIS MEETING HAS BEEN CANCELED 10 o o o - MINUTES CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA COMMITTEE (PAC) CITY OF SAN BERNARDINO REGULAR MEETING May 12,2004 . 1. CALL TO ORDER Mike Trout, Project Manager, at 6:34pm, called the regular meeting to order for the Ce1ntral City North Redevelopment Project Area Committee (PAC) Wednesday, May 12, 20p4 in the Board Room at the Economic Development Agency, 201 North "E" Street, Suite 301, San Bernardino, CA. T~ose members of the PAC present are as follows: Adam Eliason, David Suiter, Miranda Zi~nowicz and Bryan Claborn. AI~o present: Mike Trout, Economic Development Agency. I , Members of the public: none I 2. PUBLIC COMMENTS N&ne 3. CONSIDERATION AND APPROVAL OF THE CENTRAL CITY NORTH PROJECT AREA COMMITTEE MINTUES I , MOTION: I That the minutes of the Central City North Redevelopment Project Area Committee Meeting of April 20, 2004 reviewed as submitted in Typewritten form and approved. " A'rnotion was made by Committee Member Bryan Claborn and seconded by Committee Member Adam Eliason that the minutes for the April 20, 2004 Central City North PAC m~eting be approved. The motion passed 4-0. 4. ELECTION OF PAC OFFICERS , A motion was made by Committee Member David Suiter and seconded by Committee Member Adam Eliason that Bryan Claborn be appointed as the Central City North PAC Chairman. The motion passed 4-0. There were no other motions for Chairman. A motion was made by Committee Member Miranda Zienowicz and seconded by Committee Member David Suiter that Adam Eliason be appointed as the Central City PAC Vice Chairman/Secretary. The motion passed 4-0. There were no other motions for Vice Chairman/Secretary. o o o 5. DISCUSSION OF THE DRAFT AMENDED AND RESTATED CENTRAL CITY NORTH REDEVELOPMENT PLAN AND DR-\FT ENVIRONMENTAL IMPACT . REPORT (EIR). PAC members and Agency Staff discussed the need for the amended and restated amendment. Since 1973, when the plan for Central City North Redevelopment Project Ar~a was adopted, several changes in the California Redevelopment Law made it necessary to go beyond just reinstating eminent domain authority in the project area.The ddft amended and restated plan would eliminate the need for the Agency to amend the ori'ginal plan piece meal over time, This document will now be up to date will current law requirements, Committee Member Suiter commented that in reading the draft amended and restated plan that there were no specifics concerning what would be developed within thJ project area. Mike Trout, Project Manager explained that the redevelopment plan was a broad stroke document that outlined the type of development within the project area. CJmmittee Member Suiter discussed that there was no park in the area for families to use. He stated that he was going to draft a letter for a park in the Central City North R~development Project Area for discussion at the next PAC meeting. Committee Member Eliason stated that he would contact the school district concerning using the new Jones Elementary School once it is opened. 6. . REPORT ON REDEVELOPMENT PROJECTS Mike Trout, Project Manager stated that there was nothing new to report in regards to new aevelopment within the project area since the last PAC meeting. . - 7. ADJOURNMENT A motion was made by Committee Member Miranda Zienowicz and seconded by CAmrnittee Member Bryan Claborn that the meeting be adjourned to Wednesday, June 2, 2004 at 6:30 p.m. in the Board Room of the Economic Development Agency, 201 North "E" Street, Suite 30 I, San Bernardino. The motion passed 4-0. The meeting was adjourned at approximately 7:29 p.m. -, I By: o o o MINUTES CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA COMMITTEE (PAC) CITY OF SAN BERNARDINO REGULAR MEETING April 20,2004 I. CALL TO ORDER Mikt Trout, Project Manager, at 6:52pm, called the regular meeting to order for the Cen!ral City North Redevelopment Project Area Committee (PAC) Tuesday, April 20, 2004 in the Board Room at the Economic Development Agency, 201 North "E" Street, Suit~ 301, San Bernardino, CA. Those members of the PAC present are as follows: Adam Eliason, David Suiter, and Mir1nda Zienowicz. Also present: Mike Trout, Economic Development Agency. I Members of the public: none 2. PUBLIC COMMENTS , None 3. TAKE ACTION ON NEW PAC MEMBERSHIP APPLICATIONS Mik~ Trout presented to the members of the PAC two (2) PAC membership applications received since the election. These applications were for Bryan Claborn and Brent Claborn. Both applications were for the same existing community organization (Do~ntown Apostolic Church). It was discussed that only one individual can represent an exisiing community organization. Committee members disj;ussed the possibility that one could be the principal representative and the other the alternate. Only one of them could participate on the committee at one time. However, the other could attend as a member of the ~ublic to take part in discussion of items but had no voting rights. After discussion among the committee members, a motion was made by Committee Member Adam Eliason and seconded by Committee Member David Suiter that Bryan Claborn be added to the PAC as the principal representative and Brent Claborn be the alternate representative for the Downtown Apostolic Church. The motion passed 3-0. 4. ELECTION OF PAC OFFICERS A motion was made by Committee Member Adam Eliason and seconded by Conunittee Member Miranda Zienowicz that this item be continued to the next regular Central City North PAC meeting, May 12,2004 at 6:30pm. The motion passed 3-0. o o o - s. CONSIDERATION AND APPRO V AL OF THE CENTRAL CITY NORTH . , PROJECT AREA COMMITTEE MINTUES MOTION: That the minutes of the Central City North Redevelopment Project Area Committee Meeting of March 11,2004 reviewed as submitted in Typewritten fonn and approved. That the minutes of the Central City North Redevelopment Project Area Committee Meeting of April 13,2004 reviewed as submitted in Typewritten fonn and approved. A motion was made by Committee Member Adam Eliason and Seconded by Committee Me:nber Miranda Zienowicz that the minutes for the March 11,2004 and April 13, 2004 CeJtral City North PAC meeting be approved. The motion passed 3-0. . 6. DISCUSSION ON FUTURE PAC MEETINGS After a discussion among the committee members and EDA staff, a motion was made by Committee Member David Suiter and seconded by Committee Member Adam Eliason that:staring in June 2004 that the regular Central City North PAC meetings be held on the 1st IWednesday of every month, at 6:30pm in the Board Room of the Economic Development Agency, 201 North "E" Street, Suite 301, ;San Bernardino. The motion passed 3 -0. 7. DISCUSSION OF THE DRAFT AMENDED AND RESTATED CENTRAL CITY . NORTH REDEVELOPMENT PLAN AND DRAFT ENVIRONMENTAL IMPACT REPORT Mike Trout, EDA Project Manager, passed out to the committee members a copy of the . . draft amended and restated Central City North Redevelopment Plan amendment and the draft Environmental Impact Report (EIR). There was a brief discussion concerning the amJndment and EIR. Committee members asked that the EIR consultant be available at the text meeting to go over the draft document with them. ., I 8. ADJOURNMENT A motion was made by Committee Member Adam Eliason and seconded by Committee Member David Suiter that the meeting be adjourned to Wednesday, May 12,2004 at 6:30 p.m. in the Board Room of the Economic Development Agency, 201 North "E" Street, Suite 301, San Bernardino. The motion passed 3-0. The meeting was adjourned at approximately 7:45 p.m. Vice Chainnim/Secre o o o -- . MINUTES CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA COMMITTEE (PAC) CITY OF SAN BERNARDINO Regular PAC Meeting April 13, 2004 I 1. CALL TO ORDER I Mike Trout called the meeting to order at 7:20 p.m., Tuesday, April 13,2004 in the Board Room at the Eco~omic Development Agency, 201 North "E" Street, Suite 301, San Bernardino, CA. Due to thJ fact that there was not a quorum of PAC members present, no PAC business was conducted.'The next meeting will take place on Tuesday, April 20, 2004 at 6:30 p.m. in the EDA Board Roo\n. , . PAC Members present: David Suiter, Miranda Zienowicz Also present: Mike Trout, Economic Development Agency Melbers of the public: None I 2. 1 PUBLIC COMMENTS I ELECTION OF PAC OFFICERS I CONSIDERATION AND APPROVAL OF THE CENTRAL CITY NORTH . PROJECT AREA COMMITTEE MINUTES I I DISCUSSION OF FUTURE PAC MEETINGS 3. 4. '5. a. Place b.. Date c. Time 6. T1KE ACTION ON NEW PAC MEMBERSHIP APPLICATIONS 7. ADJOURNMENT The meeting was adjourned at approximately 7:30 p.m. C'Ja~ Vice Chairman/:seclt:lal)' o o o - MINUTES CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA COMMITTEE (PAC) CITY OF SAN BERNARDINO PAC ELECTION MEETING March 11, 2004 1. CALL TO ORDER I Mike Trout called the PAC election meeting of the Project Area Committee (PAC) for the Central City North Redevelopment Project Area to order at 6:15p.m., Thursday, March 11,2004 in the Board Room at the Economic Development Agency, 201 North "E" Street, Suite 301, San Bernardino, CA. Those pre~ent that were certified as resident-owners/business owners including (property owners)/resident-tenants/existing community organization within the project area are as follows: . Augustus D. Suiter, Miranda L. Zienowicz, Creative Housing Solutions (Adam Eliason). Als~ present: Mike Trout, Economic Development Agency, Rachel Clark, City Clerk for the City ofiSan Bernardino. Me!nbers of the public: Barbara Sharp, Bryan Claborn and Brent Claborn. I 2. PUBLIC COMMENTS I There were not public comments , 3. REVIEW OF PAC ELECTION PROCEDURES I Mike Trout reviewed the adopted PAC procedures with those present. He explained that any qualified voter in the Central City North Redevelopment Project Area could only vote within their categ~ry, i.e., resident-owner for resident-owner, resident-tenant for resident-tenant, etc. The exception was that all qualified voters could vote for an existing community organization. Also, the candidates were informed that they could make a speech prior to the voting. There were no candidates that wished to make a speech prior to the voting. It was announced that there were no candidates for either the category of resident-tenant or existing community organization. The candidates for the category of resident-owner were Miranda L. Zienowicz and Augustus D. Suiter. The candidate for the category business owner (including property owner) was Creative Housing Solutions (Adam Eliason). 1 o o o - . 4. ELECTION OF PAC MEMBERS Rachel CI~rk provided ballets to those that qualified to vote in the election according to the appropriatJ voting category. The votes were tallied and the results of the election were announced' For the category of resident-owner the following were elected to the PAC: I Miranda L. Zienowicz Augustus D. Suiter For the cat~gory of business owner (including property owner) the following were elected to the PAC: Creative Housing Solutions (Adam Eliason) 5. CITY COUNCIL TO AFFIRM ELECTION RERSUL TS Those that'were elected were informed that on Monday, AprilS, 2004, the results of the election would be ~resented to the Mayor and Common Council acknowledging the results of the election of PAC members and finding that all applicable procedures were followed in the election. Following1the City Council meeting the members of the PAC would receive a letter stating that the next m~eting for the PAC would be Tuesday, April 13, 2004, at 7:00 p.m. in the Board Roum of the Eco~omic Development Agency, 201 North "E" Street, Suite 301, San Bernardino, CA. . . . 6. INITIAL STUDY FOR CCN REDEVELOPMENT PROJECT AREA PLAN There was no discussion concerning the Initial Study. 7. ADJOURNMENT The meeting was adjourned at approximately 6:45 p.m. J ~~~ Vice Chairman/Secretary 2 o o o - I Section . I General Plan Conformance I I Section 333520) of the Law requires a finding of General Plan conformance per Section 65402 of the Govemment Code. Concurrent with the original adoption of the Plan, the Planning Commission adopted a finding that the Plan conformed to the City's General Plan. The Amended and Restated Plan rescinds certain provisions of the original redevelopment plan text which provided for the formulation of special land use and development standards in the project area. This recision of special development regulation authority ensures that all future development in the project area will conform with the current City General Plan and current zoning and development standards, and generally standardizes the development planning process within the project area to be the same as elsewhere in the City. ROSENOW SPEVACEK GROUP, INC. JULY 2004 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO - J-l - CENTRAL CITY NORTH REDEVELOPMENT PROJECT REPORT TO MAYOR AND COMMON COUNCIL o o o I Environmental Documentation I . Section 33352(k) of the Law requires environmental clearance prepared pursuant to Section 21151 of the Public Resources Code. However, this Plan was adopted before the California Environmental Quality Act guidelines were adopted. Consequently, no EIR was completed as part of the original plan adoption. For the Amended and Restated Plan, an Initial Study was prepared pursuant to California Environmental Quality Act guidelines and based upon the analysis contained in the Initial Study; the Agency proposes the preparation of a Program Environmental Impact Report ("Program EIR') for the actions that comprise the proposed "project' for CEOA purposes. These include the reinstatement of eminent domain in Central City North and Uptown Redevelopment Project Areas, as well as other entitlement actions within Sub Area B of the Uptown Project Area. The Agency is adopting an Amended and Restated Plan for Central City North as well as an amendment to the Uptown Redevelopment Plan to make certain changes to the text in each Plan. These changes will reinstate the power of eminent domain within both Project Areas. As such, in June 2004, a Program Environmental Impact Report was completed. On July 19, 2004, the City will consider a resolution to approve and certify the Environmental Impact Report. The Initial Study and Program EIR are herein incorporated by this reference as part of this Report and provided under separate cover. ROSENOW SPEVACEK GROUP, INC. JULY 2004 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO - K-1 - CENTRAL CITY NORTH REDEVELOPMENT PROJECT REPORT TO MAYOR AND COMMON COUNCIL o o o - I Redort of the County Fiscal Officer I The Amended and Restated Plan does not alter the Project Area boundaries; therefore, the base year report for Project Area prepared pursuant to Section 33328 of the Law by the City of San Bernardino Auditor-Controller and State Agency of Equalization, respectively ("Base Year Reporf), does not need to be reformulated. The Base Year Reports were induded in the Original Report and incorporated herein by reference. ROSENOW SPEVACEK GROUP, INC. JULY2Q04 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO - L-1 - CENTRAL CITY NORTH REDEVELOPMENT PROJECT REPORT TO MAYOR AND COMMON COUNCIL o o o - I Neighborhood Impact Report I The Redevelopment Law requires that a Neighborhood Impact Report discuss the impact the Plan will have on low and moderate income persons or families in the following areas: relocation, traffic circulation, environmental quality, availability of community facilities and services, effect on school population and quality of education, property assessments and taxes, and other matters affecting the physical and social quality of the neighborhood. The Neighborhood Impact Report must also address: the number of dwelling units to be removed or destroyed; the number of low or moderate income persons or families expected to be displaced; the general location of housing to be rehabilitated or constructed; the number of dwelling units to house persons and families of low or moderate income planned for construction or rehabilitation; the projected means of financing the aforementioned dwelling units; and the projected timetable for meeting the Plan's relocation, rehabilitation and replacement housing objectives. Relocation At this time, full redevelopment of the Project Area is not expected to cause substantial relocation. Agency staff does not anticipate the removal or destruction of dwelling units as of the date of this Report. If relocation activities are undertaken, the Agency will handle those relocation cases, which result from project activities on a case-by-case basis, in a=rdance with its Method of Relocation. As an Agency formed under the provisions of state law, the Agency is required to adhere to the State Relocation Law (Govemment Code Sections 7260 through 7277) and follow the Califomia Relocation Assistance and Real Property Acquisition Guidelines ("State Guidelines') as established in the Califomia Code of Regulations, Title 25, and Chapter 6. Prior to commencement of any acquisition activity, which will cause substantial displacement of residents, the Agency will adopt a specific relocation plan in conformance with the State Guidelines. To the extent appropriate, the Agency may supplement those provisions provided in the State Guidelines to meet particular relocation needs of a specific project. Such supplemental policies, if adopted in the Agency's sole discretion, will not involve reduction, but instead enhancement of the relocation benefits required by State Law. Traffic Circulation The Amended and Restated Plan will allow the Agency to construct road improvements, either to directly address inadequacies, such as the widening of ROSENOW SPEVACEK GROUP, INC. JULY 2004 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO - M.1 . CENTRAL CITY NORTH REDEVELOPMENT PROJECT REPORT TO MAYOR AND COMMON COUNCIL - o streets, or provide improvements that will alleviate existing pressure on major thoroughfares, that would otherwise be delayed indefinitely without Agency assistance. Environmental Quality The Amended and Restated Plan seeks to eliminate continuing blighting conditions and cause possible improvements including traffic circulation, sewer, storm drain, streetscape, and parking improvements. The Initial Study reviewed the impacts of the Amended and Restated Plan, including the potential new development and public improvements that could be facilitated by the Agency. The Initial Study found that there would be potentially significant impact on the quality of the environment in the areas of Air, Noise and Transportation/Circulation, Land Use and Planning. As a result a Program Environmental Impact Report has been prepared to deal with these issues. Availability of Community Facilities and Services o The Plan provides that any redevelopment activity is to be subject to, and consistent with, the policies set forth in the City's General Plan, Development Code, and local codes and ordinances, as they now exist or are hereafter amended; the General Plan incorporates policies to mitigate impacts on public services. The Initial Study found that there would be potentially significant impact to cultural resources. The Initial Study found that there would be no impact to public services, utilities or service systems. Any potentially significant impacts have been examined and analyzed as part of the Program Environmental Impact Report. Effect on Sd100l POPulation and Quality of Education The Project Area is served by the San Bemardino Unified School District ("School District"). While activity to be undertaken by the Agency pursuant to the Plan at this point in time may encourage additional development within the Project Area, the School District that serves the Area will receive state property tax revenues, development fees for new school construction, and mandatory payments from the Agency every year over the life of the Plan. As identified in the Public Services Report, Section XI of the Negative Declaration is that this Amended and Restated Plan will not create additional need for new schools in the area. Adoption of the Amended and Restated Plan will not result in development in excess of that allowed by the City's General Plan. Therefore, the adoption of the Amended and Restated Plan will not cause the Project Area to generate more students than could occur in connection with development allowed in the General Plan. Since the City has adopted policies in the General Plan to mitigate impacts of General Plan build out on schools, adoption of the Amended and Restated Plan will not create significant unmitigated impacts. The potential impact of additional students on area schools can be more accurately determined once specific redevelopment proposals are formulated. In addition, the overall impact of the Amended and Restated Plan on school facilities will be positive, as redevelopment activities will result in enhanced o ROSENOW SPEVACEK GROUP, INC. JULY 2004 REOEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO - M-2 - CENTRAL CITY NORTH REDEVELOPMENT PROJECT REPORT TO MAYOR AND COMMON COUNCIL - o economic viability of the Project Area and thus a larger tax revenue base for the School Districts. I . Additionally, pursuant to the Law, the Agency is required to make tax-sharing payments to the affected taxing entities, including school districts, from its annual allocation of tax increment revenues. The payments are designed to alleviate any financial burden or detriment that the affected taxing entities may incur as a result of the adoption of the Amended and Restated Plan. ProperlY Taxes and Assessments Because redevelopment agencies do not have the authority to levy taxes, the implementation of the Amended and Restated Plan will not cause an increase in property tax rates. Rather, the principal method of financing will be the utilization of tax increment revenues generated by the Project Area. Tax increment financing merely reallocates property tax revenues generated by increases in the assessed value of property in the Project Area. Although development of the Project Area will increase the assessed valuation, property owners will not experience increases in property taxes beyond those normally allowed by other state law and state constitutional provisions. Low and Moderate Income Housinq Proqram A. Number of Dwelling Units Housing Low and Moderate Income Households Expected to be removed by the Redevelopment Project o The Agency does not anticipate that adoption of the Amended and Restated Plan would cause the removal of any housing units in the Project Area, as of the date of this Report. B. Number of Persons and Families of Low and Moderate Income Expected to be displaced by the Redevelopment Project As mentioned above, the Agency does not anticipate that the adoption of the Amended and Restated Plan would cause the displacement of any persons or families of low and moderate income in the Project Area, as of the date of this Report. C. . Number of Dwelling Units Housing Persons of Low and Moderate Income Planned for Construction or Rehabilitation Other than Replacement Housing Because the Agency has not yet formulated and approved specific housing proposals, it is difficult to determine the exact number or location of low and moderate income units expected to be rehabilitated over the life of the Project. In addition, funds over the next five years in particular are very limited and there is little vacant land for residential development remaining in the Project Area. o ROSENOW SPEVACEK GROUP, INC. JULY 2004 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO - M-3 - CENTRAL CITY NORTH REDEVELOPMENT PROJECT REPORT TO MAYOR AND COMMON COUNCIL - o D. Projected Means of Financing Rehabilitation and New Construction of Housing for Low and Moderate Income Households - The Agency intends to utilize not less than 20% of the Project's tax increment revenues to finance the rehabilitation and construction of housing for low and moderate-income households, in accordance with the provisions of the Law, as it now exists or may hereafter be amended. The Agency will also cooperate with the City to pool funds and resources beyond the tax increment set aside funds if it is determined to be necessary by both bodies in order to improve the City's affordable housing stock. E. Projected Timetable for Meeting the Plan's Relocation, Rehabilitation, and Replacement Housing Objectives The adoption of the Amended and Restated Plan is not expected to cause the Agency to remove or relocate any dwelling units in the Project Area. The time frame for rehabilitating units pursuant to the Plan will be subject to the availability of housing fund revenues. Rehabilitation activities will be gradually phased in over each of the remaining years of the Plan. o o ROSENOW SPEVACEK GROUP,INC. JULY 2004 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO - M-4 . CENTRAL CITY NORTH REDEVELOPMENT PROJECT REPORT TO MAYOR AND COMMON COUNCIL o o o - l~ I A Summary of Agency Consultation with Afff:lcted Taxing Agencies As a part of the Original Plan's adoption activities, the Agency consulted with affected taxing agencies to discuss the Plan's impacts and fonnulate fiscal mitigation agreements. The proposed Amended and Restated Plan would not detrimentally impact affected taxing agencies because the Amended and Restated Plan does not affect the financing of the Project Area in any way, nor will it change the plan's land use policies or list of public improvement projects. On June 18, 2004, the Agency transmitted the notice of the July 19, 2004 joint public hearing to all affected taxing agencies. Thus far, the Agency has not been contacted by any taxing agencies seeking consultations regarding the Amended and Restated Plan. ROSENOW SPEVACEK GROUP, INC. JULY 2004 REDEVELOPMENT AGENCY OF ltiE CITY OF SAN BERNARDINO - N-l - CENTRAL CITY NORTH REDEVELOPMENT PROJECT REPORT TO MAYOR AND COMMON COUNCIL o o o - I I InitiaI.Study for the 2004 Eminent Domain An1erodi. ....It & PI "!:f' dill Emr.~.ne..ldIln~ Report is herein ia.uo .....db:d by ".-Lenee and 4 is par1.: m the Report provided wider a 5 el:-dh= cover. I . ROSENOW SPEVACEK GROUP, INC. JULY 2004 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO - EXHIBIT-1 - CENTRAL CITY NORTH REDEVELOPMENT PROJECT REPORT TO MAYOR AND COMMON COUNCIL - CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT o INITIAL STUDY I Project Title: 'Reinstatement of Eminent Domain in the Uptown (Subarea A and B) and Central City North . . 'Redevelopment Project Areas I Lead Agency Name: City of San Bernardino Economic Development Agency Address: I 201 North "E" Street, Third Floor San Bernardino, CA 92401-1507 Contact Person: John Hoeger Phone Number: (909) 663-1044 o Project Location (Address/Nearest cross-streets): The Uptown Redevelopment Project Area includes two subareas in thelCity of San Bernardino. Subarea A is located along Highland A venue and Baseline Street from I - Interstate 215 on the west to Waterman Avenue on the east, and along "E" Street, from Eighth Street on the south to HighlJnd A venue on the north, as designated in the Uptown Environmental Impact Report (January, 1986). SubareJB is bound by the Santa Fe Railroad yard to the north (directly north of Third Street), Interstate 215 on the east~Rialto A venue and King Street on'the south, and Mount Vernon Avenue on the west. Figure I shows the regi~nallocation of the Uptown Redevelopment Project Area, and Figure 2 shows the Project Area boundaries for1each Subarea. I The Central City North Project Area is encompassed by Eighth Street on the north, Fourth Street/Court Street on the south, kowhead Avenue on the east, and Interstate 215 on the west; Figure 3.shows the Central City North Redevel6pment Project Area boundaries. I . Project spons~r: City of San Bernardino Economic Development Agency Address: 201 North "E" Street, Third Floor San Bernardino, CA 92401-1507 . Description of Project The City of sln Bernardino Economic Development Agency (SBEDA) proposes the preparation of an . Environmental Impact Report for the proposed project, which includes the reinstatement of eminent domain in the Central Cit~ North and Uptown Redevelopment Project areas, as well as specific projects within Subarea B of the Uptown Project Area. The EDA is proposing amendments to the Central City North Redevelopment Plan and the Uptown Redevelopment Plan to make certain changes to the text in each Plan to reinstate the power of eminent domain within the Project Areas for 12 years to enable the Agency to retain eminent domain as an available tool in implementing each Redevelopment Plan. In addition, there is proposed development activity in Subarea B of the Uptown Redevelopment Plan Area that will require environmental review. The Uptown Redevelopment Plan o The Uptown Redevelopment Project Area includes 433 acres within two subareas in the City of San Bernardino. Subarea A is comprised of 349 acres of commercial area along Highland A venue and Baseline Street between Interstate 215 on the west and Waterman Avenue on the east, and along E Street, betwcen 633/Uplown-CNN Imtial SNdylMarch 13, 2003 IS-I o o o - CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT INITIAL STUDY Eighth Street In the south to Highland A venue on the north. Subarea B is comprised of 84 acres bounded by Third Street aJd the Santa Fe Railroad yard to the north, Interstate 215 on the east, Rialto Avenue and King . . Street on the south, and Mount Vernon Avenue on the west. The proposed 'text changes to the Plan do not amend, modify, change or affect the physical or regulatory environment Jith regard to implementation of the Uptown Redevelopment Plan. The use of eminent domain in the UptownlRedevelopment Project Area was originally part of the Uptown North Redevelopment Plan when it was a&opted in May 1986. This Plan was considered and evaluated in the Uptown Program ElR prepared for th'e Plan in 1986. Eminent domain powers in the Uptown Redevelopment Project Area expired June 18, 1998~ I . In addition to the reinstatement of eminent domain, there are two projects proposed for Subarea B. The first is a reuse projec\ which includes the development of approximately 88,000 square feet of commercial space (general retail)and 550 parking spaces on 8.9 acres. The proposed project may include additional parking in the form of a tWo-level, 240-car parking structure intended for the use of Metrolink passengers who board I across Third Street adjacent to the Santa Fe Depot Building. These project components would require the removal three:existing single-family residences and 72,500 square feet of commercial buildings that are currently partly vacant and partly used for general retail. The second project is a City -initiated zone change. Although theni is no proposed development project at this time, the City is initiating a zone change from Light Industrial (1L) to a General Commercial (CG-I) District in a two-block area bounded by 1-215 on the east, "K" Street on the Jest, Third Street on the north and Second Street on the south. Both "I" Street and Kendall ! A venue would,be vacated in this two block area. The CG-I designation is intended to provide for a variety of retail, personal service, entertainment, and office and related commercial uses along major transportation ., corridors and intersections to service the needs of residents; reinforcing existing commercial corridors and centers and est~blishing new locations as residential growth occurs. I Related projec\s that are currently underway include the restoration of the Santa Fe Depot Building (an environmental! analysis of traffic and parking was previously completed for this refurbishment), and the proposed freeJay widening and on/off ramp modifications that Caltrans will undertake. Figures 4 thrJgh 7 show examples of existing conditions in the portions of the Uptown R~development Project Area. I Central City North Redevelopment Plan The Central City North Redevelopment Project Area is a 278-acre area delineated by the 1-215 Freeway on the west, qighth Street on the north, Arrowhead A venue on the east and Fourth Street/Court Street on the south (Fourth Street between the freeway and E Street, and Court Street between E Street and Arrowhead A venue). Figure 3 illustrates the boundaries of the Central City North Redevelopment Project Area. The use of eminent domain in the Central City North Redevelopment Project Area was originally part of the Central City North Redevelopment Plan when it was adopted in February 1973. This Plan was considered and evaluated in the Overall Central City Plan and Program ElR prepared for the Plan in 1975. Eminent domain powers in Central City North expired on January I, 1999. 633/Uptown-CNN Initial SrudylMarch J 3, 2003 IS-2 - CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT o INITIAL STUDY . The proposed {ext changes.to the Plan do not amend, modify, change or affect the physical or regulatory environment with regard to implementation of the Central City North Redevelopment Plan as described in the 1975 Program EIR. Environmental documents for significant projects since 1975 include an EIR and Traffic Impact Analysis for a 12-story office building and an EIR and NEPA document for a 20-screen theat~r complex. ., Other projects .currently in the planning stages, located within the boundaries of the Central City North . Redevelopment Project Area, but which are not redevelopment projects, include a proposed 48,525 square foot e1ement~ school with a capacity of841 traditional or 1,051 year round students on a 10-acre site to be assembled by the School District. This project is the subject of a Draft EIR currently in preparation by the . School District~ The Draft EIR has not been released for public review at the time 'of this Initial Study, but is . anticipated to be released in the very near future. Two senior residential projects are also planned in the , Project Area; these two projects will add a total 150 residential units. Finally, portions of the Lakes and Streams project a joint water planning project between the City of San Bernardino and the San Bernardino Municipal Wat~r District is being considered in this Redevelopment Project Area. These projects are the subject of sepahte environmental documents but will be addressed in the cumulative analysis of this EIR. I o ~ o 633/Uplown-CNN Initial SlooylMan:h 13. 2003 IS-3 o o o ~ ~.. J .--r-'.l "-"1 Y. - . N" ~ . . ...... NORTH NoI to Scale I-~ ~ .....~ .." ~Y 50" hi ~"'~ I I . LEGEND: l1l1I Central City North .. Uptown '---1 I !. City Limits j - - V;l Btvd. . ! 5 - ;: 10 ......" """ 215 "",,"R< .1 City of San Bernardino ECONOMIC DEVELOPMENTAGENCY Uptown and Central City North Redevelopment Project Areas San Rernardino. California Figure 1 o . . . . o - . I I mOl II w I II Di - '[5~ ........ I r--lr--ll I.=:::. . SUBAREA "B" ........ ~m -.- o 1c::=J I ~ 11E:3' r~l - II SUBAREA "A" Uptown Redevelopment Project Area <::'..n J:t...rn~t'"riinn r~lif()rni:l Figure 2 o f; o ID o - , c: '" ... ~ ... <J '" .0' ... ~ =.~ '" c = .0 - - c.:=: .s~ '" - ;. 0 '" c -0:0 ~ g ..:: ~ _::Cl ... c 0'" zen ~ ... iJ -; ... - 0:: '" U o o o - CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT I INITIAL STUDY The califomialEnvironmental Quality Act (CEQA) requires that when a project has been evaluated in an . . Environmental Impact Report (EIR), the lead agency must make a detennination that any changes in the . project description after the project has been approved will not have a significant effect on the environment. . The Uptown Redevelopment Project EIR was prepared in 1986 and the Overall Central City Project Area Redevelopme~t Plan EIR was prepared in 1975. According to CEQA Guidelines Section 15162, when an EIR . . has been certified for a project, no subsequent EIR shall be prepared unless the lead agency detennines that changes in thel project or in the circumstances under which the project will be carried out, could cause potentially sigJificant effects on the environment not already addressed in the certified EIR. This Initial Study has been prep\u-ed to provide information to the Agency about the existing physical and regulatory . . . environment that may affect redevelopment of the Uptown and Central City North Redevelopment Areas. . Although the Redevelopment Projects and their boundaries are the same, and the reinstatement of eminent domain as a toJI to facilitate redevelopment in the Project Area does not, in and of itself, constitute significant new informatiJn, changes in the existing physical or regulatory environment during the past 27 years since the adoption of th~ Central City North Redevelopment Plan and 16 years since the adoption of the Uptown j Redevelopmen.t Plan, cumulative projects occurring within the Central City Project Area, and proposed reuse projects in the Uptown Project Subarea B, may be considered substantial with respect to the circumstances under which .th~ project is undertaken (CEQA Guidelines 15162 (a)(2)). I 63)lUptoWB-C~N Initial StudylMm:h 13,2003 IS-7 o o o I I I , CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT . INITIAL STUDY I ENVIRONMENTAL F ACTORS POTENTIALLY AFFECTED The envirolental factors checked below would be potentially affected by this project, involving at least one im~act that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. I . t8l Land usJ and Planning ~ Transportation/Circulation' ~ Public Services I . t8l Population and Housing 0 Biological Resources ~ Utilities I 0 Energy and Mineral Resources ~ 0 Earth Resources Aesthetics I 0 Water ~ Hazards ~ Cultural Resources I t8l Air Quali~ ~ Noise 0 Recreation I ~ Mandatory Findings of Significance . Determination. I On the basis10fthis Initial Study/Environmental Checklist, the Economic Development Agency ofth~ City of San Bernardino finds: That the proJosed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. . I That althoug4 the proposed project could have a significant effect on the environment, there will not be a ~ignificant effect in this case because the mitigation measures described on an attached sh~et have been added to the project. A MITIGATED NEGATIVE . . DECLARATION wtll be prepared. That the proJosed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMP ACT REPORT is required. I That although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier EIR pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. o o o J!jm;/Jf/, W Signature Olllblo3 Date YAL-elZIP; (;, (<085 CITY fLkNjJ eR- Printed Name [ 633/Uptown-cNN Initial StudylMarch 12,2003 18-8 - CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT o INITIAL STUDY o I Potentially Significant I Potentially Unless Less Than Significant Mitigation Significant No I Impact Incorporated Impact Impact I . I I. LAND USE AND PLANNING. Will the proposal . resul t in: a) I A conflict with the land use as [8l 0 0 0 I designated based on the review of the ~ General Plan Land Use PlanIZoning I Districts Map? b) I Development within an Airport District 0 0 0 [8l I as identified in the Air Installation I Compatible Use Zone (AICUZ) Report and the Land Use Zoning District Map? c) I Development within Foothill Fire Zones 0 0 0 [8l A & B, or C as identified on the Land Use Districts Zoning Map? d) I Other? 0 0 0 0 I ll. POPULATION AND HOUSING. Will the . orooosal : a) Remove existing housing (including [8l 0 0 0 affordable housing) as verified by a site survev/evaluation? , I b) I Create a significant demand for [8l 0 0 0 additional housing based on the proposed use and evaluation of project . . size? c) Induce substantial growth in an area [8l 0 0 0 either directly or indirectly (e.g., through projects in an undeveloped area or an extension of major infrastructure)? ~ o 6331Uptown-CNN Initial SludylMarcb 13, 2003 IS-9 o o o - CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT INITIAL STUDY Potentially .. Significant Potentially Unless . Less Than Significant Mitigation Significant No I Impact Incorporated Impact Impuct 4 - ill. EARTH RESOURCES: Will the proposal result in: a) Earth movement (cut and/or fill) on 0 0 0 [8J slopes of 15% or more based on . information contained in the Preliminary Proiect Description Form No. D? b) Development and/or grading on.a slope 0 0 0 [8J greater than 15% natural grade based on review of General Plan HMOD map? c) Erosion, dust or unstable soil conditions [8J 0 0 0 from excavation, grading or fill? - d) Development within the Alquist-Priolo [8J 0 0 0 Special Studies Zone as defined in Section l2.0-Geologic & Seismic, Figure 47, of the Citv's General Plan? - e) Modification of any unique geologic or 0 0 0 [8J ohvsical feature based on field review? --. f) Development within areas defined as 0 0 0 [8J having high potential for water or wind I erosion as identified in Section 12.0- Geologic & Seismic, Figure 53, of the I Citv's General Plan? g) Modification of a channel, creek or river 0 0 0 [8J based on a field review or review of USGS Topographic Map (Name) San Bernardino. South. -c- h) Development within an area subject to 0 0 [8J 0 landslides, mudslides, subsidence or , other similar hazards as identified in Section l2.0-Geologic & Seismic, Figures 48, 51, 52 and 53 of the City's General Plan? 633/Uptow....CNN Initial StudylMarch 13,2003 lS-1O o o o - CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT INITIAL STUDY Potentially I Significant I Potentially Unless Less Than Significant Mitigation Significant No I Impact Incorporated Impact Impact i) I Development within an area subject to 0 0 r8l 0 I liquefaction as shown in Section 12.0- I Geologic & Seismic, Figure 48, of the ! City's General Plan? i). I Other? 0 0 0 0 I IV. WATER. Will the proposal result in: a) I Changes in absorption rates, drainage r8l 0 0 0 patterns, or the rate and amount of I surface runoff due to impermeable ; surfaces that cannot be mitigated by Public Works Standard Requirements to I contain and convey runoff to approved storm drain based on review of the . proposed site plan? I r8l b) I Significant alteration in the course or 0 0 0 I flow of flood waters based on consultation with Public Works staff? . c) Discharge into surface waters or any 0 0 0 r8l I alteration of surface water quality based I on requirements of Public Works to have runoff directed to approved storm I drains? . d) Changes in the quantity or quality of 0 0 0 r8l ground water? e) Exposure of people or property to flood 0 0 0 r8l hazards as identified in the Federal Emergency Management Agency's Hood Insurance Rate Map 06071 C7940F and Section 16.0-Hooding, Figure 62, of the City's General Plan? f) Other? 0 0 0 0 633/Uptown-CNN Initial SrudylMarch 13.2003 IS-II o o o CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT I I INITIAL STUDY I Potentially .. Significant I Potentially Unless Less Than Significant Mitigation Significant No I Impact Incorporated Impact Impact I . V. AIR QUALITY. Will the orooosal: a) I Violate any air quality standard or [8J 0 0 0 contribute to an existing or projected air quality violation based on the thresholds. in the SCAQMD's "CEQA Air Quality . Handbook"? b) I Exoose sensitive receotors to oollutants? [8J 0 0 0 c) I Alter air movement, moisture, or 0 0 0 [8J I temperature, or cause any change in climate? d) I Create objectionable odors based on [8J 0 0 0 information contained in the Preliminary I Environmental Descriotion Form? I VI. TRANSPORTATION/CIRCULATION. Could thenr~nosal result in: a) I A significant increase in traffic volumes [8J 0 0 0 on the roadways or intersections or an I increase that is significantly greater than I the land use designated on the General Plan? b) I Alteration of present patterns of [8] 0 0 0 I circulation? c) A disjointed pattern of roadway [8] 0 0 0 imnrovements? d) Imnact to rail or air traffic? 0 0 0 [8] e) Insufficient parking capacity on-site or [8] 0 0 0 off-site based on the requirements in Chapter 19.24 of the Development Code? 633/Uptown-CNN Initial SrudylMarch 13,1003 IS-12 o o o CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT INITIAL STUDY . I Potentially Significant Potentially Unless Less Than I Significant Mitigation Significant No Impact Incorporated Impact Impact I f) I Increased safety hazards to vehicles, 0 0 0 [8J I bicyclists or nedestrians? I g) I Conflict. with adopted policies 0 0 0 [8J supportinl! alternative transportation? I . h) I Inadequate emergency access or access 0 0 0 [8J I to nearbv uses? i) I Other? . 0 0 0 0 . . VII. BIOLOGICAL RESOURCES. Could the I . proposal result in: a) I Development within the Biological 0 0 0 [8J I Resources Management Overlay, as I identified in Section W.O-Natural I Resources, Figure 41, of the City's General Plan? b) ! Impacts to endangered, threatened or rare 0 0 0 [8J I species or their habitat (including, but not limited to, plants, mammals, fish, I insects and birds)? c) I Impacts to the wildlife disbursal or 0 0 0 [8J . mil!ration corridors? d) I Impacts to wetland habitat (e.g., marsh, 0 0 0 [8J rioarian and vernal DOOI)? e) Removal of viable, mature trees based on 0 0 0 [8J information contained in the Preliminary Project Description Form and verified by site survey/evaluation (6" or greater trunk diameter at 4N above the ground)? t) Other? 0 0 0 0 633/Uptowo-CNN Initial StudylMarch 13, 2003 IS-13 o o o - CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT I . INITIAL STUDY . Potentially .' Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact . l VIII. ENERGY AND MINERAL RESOURCES. . VVould the oroooslli: a) I Conflict with adopted energy 0 0 0 18I conservation olans? I . b) Use non-renewable resources in a 0 0 0 18I I wasteful and inefficient manner? c) I Result in the loss of availability.of a 0 0 0 18I I known minerlli resource that would be of '. future vlliue to the region and the I residents of the State? l IX. HAZARDS. VViII the orooosal: a) I Use, store, transport or dispose of 0 0 18I 0 I hazardous or toxic materials based on information contained in the Preliminary I Environmental Description Form, No. I G(I) and G(2) (including, but not limited I to, oil, pesticides, chemicals or radiation)? . b) I Involve the release of hazardous 0 18I 0 0 I substances? c) I Expose people to the potential 0 18I 0 0 hellith/safetv hazards? I / d) Other? 0 0 0 0 X. NOISE. Could the oroooslli result in: a) Development of housing, hellith care 0 0 0 18I facilities, schools, libraries, religious facilities or other noise sensitive uses in areas where existing or future noise levels exceed an Ldn of 65 dB(A) exterior and an Ldn of 45 dB(A) interior as identified in Section 14.0-Noise, Figures 57 and 58 of the City's General Plan? 6331Uptowo-CNN Initial SrudylMarch 13, 2003 IS-14 o o o ~ CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT INITIAL STUDY Potentially Significant . Potentially Unless Less Than Significant Mitigation Significant No . Impact Incorporated Impact Impact . - b) I Development of new or expansion of [8J 0 0 0 existing industrial, commercial or other uses which generate noise levels above an Ldn of 65 dB(A) exterior or an Ldn of I 45 dB(A) interior that may affect areas containing housing, schools, health care . I facilities or other sensitive uses based on information in the Preliminary Environmental Description Form No. G( 1) and evaluation of surrounding land uses No. C, and verified by site survev/evaluation? . c) I Other? 0 0 0 0 I ~ ~ XI. PUBLIC SERVICES. Would the proposal have . an effect upon, or result in a need for new or altereh government services in any of the folloJing areas: I Fire protection? -- a) [8J 0 0 0 b) I Medical Aid? [8J 0 0 0 I Police Dfotection? - c) [8J 0 0 0 I Schools? -- d) [8J 0 0 0 e) I Parks or other recreational facilities? [8J 0 0 0 t) Solid waste disposal? [8J 0 0 0 g) Maintenance of public facilities, [8J 0 0 0 includinl! roads? h) Other l!overnmental services? [8J 0 0 0 633/Uptown-CNN Initial StudylMarch 13, 2003 IS-15 o o o CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT INITIAL STUDY Potentially ..' Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact I XII. UTillITIES: Will the proposal, based on the respJnses of the responsible Agencies, Depahments, or Utility Company, impact the folloi.-ing beyond the capability to provide adeq~ate levels of service or require the . const~ction of new facilities? a) I Natural gas? ~ 0 0 0 . b) Electricitv? ~ 0 0 0 , . c) I Communications svstems? ~ 0 0 0 . d) I Water distribution? ~ 0 0 0 e) I Water treatment or sewer? ~ 0 0 0 f) I ~ 0 D' 0 I Storm water drainage? g) I Result in a disjointed pattern of utility ~ 0 0 0 I extensions based on review of existing patterns and proposed extensions? I h) I Other? 0 0 0 0 I .Xill. AESTHETICS. a) I Could the proposal result in the 0 0 0 ~ I obstruction of any significant or important scenic view based on evaluation of the view shed verified by site survey/evaluation? b) Will the visual impact of the project ~ 0 0 0 create aesthetically offensive changes iri , the existing visual setting based on a site survey and evaluation of the proposed elevations? c) Create significant light or glare that ~ 0 0 0 could impact sensitive receptors? d) Other? 0 0 0 0 633/UJ>(own-CNN Initial SludylMarcb 13, 2003 IS-16 o o o - CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT INITIAL STUDY Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact I XIV. CULTURAL RESOURCES. Could the proposal I!' , resu t 10: a) I Development in a sensitive [8J 0 0 0 I archaeological area as identified in Section 3.G-Historical, Figure 8, of the . Citv's General Plan? b) The alteration or destruction of ~ [8J 0 0 0 prehistoric or historic archaeological site by development within an archaeological sensitive area as identified in Section I 3.G-Historical, Figure 8, of the City's General Plan? I c) Alteration or destruction of a historical [8J 0 0 0 site, structure or object as listed in the City's Historic Resources Reconnaissance Survev? d) I Other? 0 0 0 0 I . XV. RECREATION. Would the oronosal: a) I Increase the demand for-neighborhood or 0 0 0 [8J I regional parks or other recreational . facilities? I b) I Affect existing recreational 0 0 0 [8J opportunities? 633IUptown-C~N Initial StudylMarch 13, 2003 IS-17 o o o - CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT INITIAL STUDY Potentially ,,- Significant Potentially Unless Less Than Significant Mitigation Significant No I Impact Incorporated Impact Impact XVI. MANDATORY FINDINGS OF . SIGNIFICANCE. a) I Does the project have the potential to 0 0 0 [8J I degrade the quality of the environment, substantially reduce the habitat of a fish . . or wildlife species, cause a fish or I wildlife population to drop below self- sustaining levels, threaten to elifninate a plant or animal community, reduce the I number or restrict the range of a rare or I I endangered plant or animal, or eliminate I important examples of the major periods I of California history or prehistory? b) Does the project have the potential to [8J 0 0 0 achieve short-term, to the disadvantage of long-term, environmental goals? c) Does the project have impacts that are [8J 0 0 0 individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) d) Does the project have environmental [8J 0 0 0 effects which will cause substantial adverse effects on human beings, either directly or indirectly? 6331Uptown~N Initial SNdylMarch 13, 2003 IS-18 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT o INITIAL STUDY o I REFERENCES. The following references cited in the Initial Study are on file in the Planning and Building Services DepartmentJPublic Works Division. I I. Resolution No. 4890 and Program EIR for the Uptown Redevelopment Plan o 2. Resolution No. 2659 and Overall Central City Redevelopment Project EIR . 3. City of San Bernardino General Plan. o 4. City of San Bernardino General Plan Land Use PlanlZoning Districts Map. o 5. City of San Bernardino General Plan Environmental Impact Report. 6. Alquist~Priolo Earthquake Fault Zones Map. . .7. South Coast Air Quality Management District, CEQA Air Quality Handbook. . 8. Federal Emergency Management Agency, Hood Insurance Rate Maps. 9. Public Works Standard Requirements - water. . 10. Public Works Standard Requirements - grading. o I I DISCUSSION OF IMPACT LEVELS AND MITIGATION MEASURES I . LAND USE AND PLANNING . The uptwn Redevelopment Project Area includes two separate Subareas (Subarea A and Suharea B) within the City of San Bernardino. Subarea A consists of the commercial areas along Highland AvenuJ and Baseline Street, from Interstate 215 on the west to Watennan Avenue on the east, and . along "E" Street from Eighth Street on the south to Highland Avenue on the north. Subarea B is boundeh by the Santa Fe Railroad yard to the north, Interstate 215 on the east, Rialto A venue and King Street dn the south, and Mount Vernon Avenue to the west. The Central City North Project Area is encom~assed by Eighth Street on the north, Fourth Street/Court Street on the south, Anowhead A venuJ on the east, and Interstate 215 on the west; Figure 3 shows the Project Area boundaries. The .. ..' redevelopment plans for these areas allow the City of San Bernardino to reduce the blighted conditions within leach study area and bring the land uses into confonnance with the existing land use designa\ions for that area. ~ost JighborhOOds and business districts within the project areas are largely Un~hanged from their conditi~n as described in the respective EIRs; characterized with strip commercial land uses with o businesses which tend to locate in the areas often for short periods of time. Residential developments . were observed in all areas, and some industrial developments currently exist in the west portion of Subare: A. According to the Uptown EIR, the Redevelopment Project will continue to be predominantly used for commercial land uses in Subarea A; Subarea B would include commercial, industrial, and residential land nses. The Central City North area is characterized by commercial, institutional and government uses, and residential properties. ' I. a) o The proposed development project within the Uptown Subarea B would include approximately 88,000 square feet of commercial retail space, parking for approximately 550 vehicles, and potentially parking for 240 vehicles in a 2-level parking structure to augment parking for the Metrolink Station, The site is located on 8.9 acres of land located near Third Street and "f' Street. The existing City General Plan designation at this location is Light Indnstrial (IL), the development of 88,000 square feet of 633/Uplown-CNN Initial StudylMm::h I J, 2003 IS-19 o o o - CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT INITIAL STUDY I comm~rcial retail space would require a General Plan Amendment to a General Commercial Land Use design~tion. The proposed project also involves the demolition of three single-family residences, and 72,500 square feet of existing retail space that has suffered from numerous vacancies and under- . utilization. . I b) . The City is also initiating a change in landuse in a two-block area bounded by 1-215 on the east, "K" Street ~n the west, Third Street on the north and Second Street on the south. Both "I" Street and . Kendall Avenue would be vacated in this two block area. Although there is no proposed development project at this time, the City is initiating a zone change from Light Industrial (1L) to a General Comm~rcial (CG-I) District. The CG-I designation is intended to provide for a variety of retail, person~1 service, entertainment, and office and related commercial uses ~ong major transportation corridJrs and intersections to service the needs of residents; reinforcing existing commercial corridors and ce~ters and establishing new locations as residential growth occurs. I. . The ElR will analyze the proposed land use amendments and the loss of existing residential and . . . commercial structures. I I The pf\>ject areas are not within an Airport District as identified in Land Use Zoning District Maps. The closest airstrips or airports are located approximately 4\4 miles to the east (San Bernardino Intema1tional Airport, former Norton Air Force Base) and approximately 10 miles to the west (Rialto . Municipal Airport). There are no significant project-related impacts associated with airp0l1s 01 airfields. I b) The projectareas are not located in a Foothill Fire Zone as outlined on Figure 61 of the City's General Plan. I . I POPULA nON AND HOUSING The pJoposed project includes the. reinstatement of eminent domain in order to facilitate . redevelopment within the specified Project Areas. Residential neighborhoods within both project areas rJay be impacted if these uses are not in conformance with the land use designation for the area, . as envisioned by the respective Redevelopment Plans. . The pr!posed development project within the Uptown Subarea B encompassing approximately 88,000 square feet of commercial retail space, parking for approximately 550 vehicles, and potentially parking for 240 vehicles in a two-level parking structure to augment parking for the Metrolink Station, would be located on 8.9 acres of land located near Third Street and 'T' Street. The proposed project also involves the demolition of three single-family residences, and 72,500 square feet of existing retail space that has suffered from numerous vacancies and under-utilization. The ElR will address the loss of existing residential and commercial structures. II. a) c) The implementation of eminent domain to acquire and assemble properties and redevelop land within the Project Areas described. Redevelopment in the Uptown and Central City North Project Areas will create additional employment opportunities. In addition, the Redevelopment Plan objectives aim to 63Wptown-CNN Initial SrudylMarch 13,2003 IS-20 o o o d) - . CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT INITIAL STUDY c) increase housing opportunities for a wide range of income levels. However, the project may not result in a significant demand for additional housing, as housing is needed for low and moderate income residenh that currently reside in the community, and would seek the employment opportunities that would likely result from the redevelopment projects, would be the highest priority. . With Jgard to the Central City North Project Area, there are a number of projects currently proposed in that kea that are not redevelopment projects, but never the less, would occur within the boundaries . of the Redevelopment Project Area. At least two of these projects would require the removal of existing housing, including many single family homes. The cumulative effects of the removal of housing and relocation of residents will be evaluated in the EIR. Note: the draft EIR for the proposed elementary school on 10 acres (San Bernardino Unified School District p'roject) within the Central City N~rth project area will address removal of residences and relocation of residents for that project. The ddft EIR' s release for pUblic review has not occurred but is anticipated to occur in the near future. I I. The reinstatement of eminent domain wilf not result directly in infrastructure expansion that was not previoJsly considered in the respective Redevelopment Plans or the City's General Plan. However, theup~raded infrastructure that would result from the proposed development project within the Uptow.\ Subarea B on 8.9 acres ofland located near Third Street and "I" Street may result in inducing . additio~al growth and development in this Subarea surrounding the Santa Fe Depot. This type of growth1inducement is the goal of the Redevelopment Planning process and will be addressed in the EIR. I I EARTH RESOURCES The mtority of the area encompassed within the redevelopment project areas is developed on relativeh flat topography. As there are vacant sites throughout the area and the project may involve . demolition of existing structures for redevelopment, site grading and additional soil and building . . materia}s may be necessary. Site specific soil engineering and foundation investigations would be required for construction projects within the respective redevelopment areas, and for the proposed develo~ment project in Subarea B, in accordance with development standards administered by the City's Development Services and Public Works Divisions. I . . Dust wjll be. generated whenever grading or demolition is necessary. New rules and regulations adopted by the South Coast Air Quality Management District (SCAQMD) have been enacted since the adoption of the Redevelopment Projects and Program EIRs. Such rules include regular watering on a daily basis to reduce dust hazards during construction in accordance with SCAQMD Rule 403. Rule 403 requires implementation of best available fugitive dust control measures during grading and construction activities with additional measures implemented under high wind conditions. See Section V - Air Quality for additional information on dust control and particulate matter that could be generated by development within the project area. The EIR will address impacts associated with grading and demolition related to erosion and dust control. III. a-c) The City of San Bernardino is situated in a seismically active region.where numerous faults are located that are capable of generating moderate to large earthquakes. The San Andreas Fault zone traverses the 6331Uptown-CNN Initial SludylMacch 13, 2003 IS-2l o o e) Of) - CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT INITIAL STUDY .;. . I City in' a northwest-southeast direction along the foothills of the San Bernardino Mountains. The Uptow~ Project Area (Subarea A) is located approximately 2Y2 miles south of the San Andreas Fault System. The San Jacinto Fault System also traverses the City through Cajon and Lytle Creeks, generally to the southwest/west of the Project Area. The Uptown Project Area (Subarea B) is within . one mile northeast of the San Jacinto Fault System. The Glen HelenlLoma Linda Fault Systems run parallel of the San Ja(;'into Fault System, according to Figure 47 of the City General Plan, the Uptown Project Area (Subarea B) lies within the approximate alignment of the inferred San JacintolLoma . Linda Fault line. Further studies may be required in Subarea B to detennine the location of any . subsurface active faulting. The proposed project in Subarea B will be required to address the inferred fault lJcation to the satisfaction of the Building Official prior to issuance of building pennits. I These fault zones are located within Alquist-Priolo Special Study Zones, a designation given when surfacJ rupture may occur in the immediate vicinity due to movement along these faults. The . . redevelopment project areas are located outside the lim.its of the Alquist -Priolo Special Studies Zones . . for the San Andreas, San Jacinto, Lorna Linda, and Glen Helen faults as defined in the City's General Plan (rherence Figure 47 of the City's General Plan) therefore surface rupture is not likely to occur in . these Project Areas; however, the Uptown Project area B is located in-line with the inferred fault alignm~nt of the San J acintolLoma Linda faults therefore the potential for ground rupture is present, howev~r the risk is unknown based on current information. The project areas, like most of the City, are likely tb experience peak ground acceleration from a maximum credible earthquake of magnitude 8.5 . on the San Andreas Fault, 7.5 from the San Jacinto and Glen Helen Faults (reference Figure 46 of the . General Plan). I Groundshak.ing is due to seismic waves emanating from the epicenter after initial movement on the . fault. Groundshak.ing will impact structures during earthquakes. The magnitude of the impact is related to the ~onstruction of the building and its foundation. The City has adopted seismic performance standm'ds for all new construction. Any new buildings proposed must be constructed in conformance with th~ Uniform Building COde and any additional performance standards adopted by the City. It is anticip!ted that major earthquake groundshak.ing will occur during the lifetime of redevelopment projecti; in the Project Areas from either the San Andreas or the San Jacinto fault systems. I . Due to Ithe likelihood of earthquakes t~ occur within either of the large fault zones, the City requires soils/gJotechnical studies for developm~nt projects to determine any impacts likely to occur on a specifi~ project site. These would also be required of all government buildings in the project areas. Site-spbific geotechnical investigations would routinely be prepared for new development projects . requiring. earthwork to be performed. Recommendations of the investigations are routinely incorporated in the design and construction of new projects. The ElR will generally address these issues and describe City and other building requirements in areas susceptible to impacts associated with earthquakes. The project area does not contain any unique geologic or physical features. Neither of the project areas is located in an area identified as having High Potential for Water or Wind erosion as shown on Figure 53 of the City's General Plan. 633/Uplown-CNN Initial StudylMarch 13, 2003 IS-22 o o o CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT INITIAL STUDY g) h) i) The Uptown Subarea A and Central City North project areas both lie within the Warm Creek drainage area, an'd the Uptown Subarea B lies within the Lytle Creek drainage basin. However, as currently . . proposed neither reinstatement of eminent domain nor the commercial retail project would result in modific~tion of either creek or associated channels. I Almost1the entire land area within the two project areas exists in a potential subsidence area as shown on Figu}e 51 of the City's General Plan. According to Section 12 - Geologic and Seismic, Subsection F of the:General Plan, the historic area of subsidence was within the thick, poorly consolidated alluvial and marsh deposits of the old artesian area north of Lorna Linda. Figure 51 in the City's General Plan shows J generalized area that takes in most of the City of San Bernardino between Highland A venue on the Jorth and the 1-10 Freeway on the south. Potential subsidence within this area may be as great as five t~ eight feet if groundwater is depleted from the Bunker Hill-San Timoteo Basin. Since 1972, the San Bernardino Municipal Water District has maintained groundwater levels through recharge to percolalion basins that in time, filters bacK into the alluvial deposits. Problems with ground subsidence . have no It been identified since the groundwater recharge program began. However, this issue will be discuss~d in the EIR. I I . Landsliding can occur during an earthquake in areas where there are extreme changes in elevation such as in thJ foothills or mountain areas of the City. Neither project areas occurs within an area susceptible to landllides as shown on Figure 52 of the General Plan. SectioJ of both the Uptown and the Central City North project areas are susceptible to liquefaction, as referen~ed on Figure 48 of the General Plan. Liquefaction is a phenomenon that occurs when strong earthqu!uce shaking causes soils to collapse from a sudden loss of cohesion and undergo a transfoAnation from a solid state to a liquefied state. This happens in areas where the soils are saturate\! with groundwater. Loose soils with particle size in the medium sand to silt range are . . - particularly susceptible to liquefaction when subjected to seismic groundshaking. Affected soils lose all streJgth during liquefaction and failure of building foundations can occur. As development projects are proPosed, site-specific geotechnical liquefaction reports will be required by the City's Public Works jDivision to determine potential surface ground failures from liquefaction prior to site development/redevelopment. This is a standard requirement for development proposals in areas subjectlto liquefaction. The standards provided in those geotechnical reports are determined to be adequate to mitigate the effects of liquefaction; no additional analysis is required in the EIR. IV. WATER a-d) ~ The Uptown (Subarea A) and the Central City North project areas lie within the Warm Creek drainage area of.the upper Santa Ana River watershed. The entire study area (both project areas) has been urbanized and the drainage is currently managed via the existing streets and urban storm drain systems. Subarea B is located within the Lytle Creek drainage basin with all runoff channeled by the UK" Street Storm Drain into Lytle Creek. The permeable soils within the Subareas also reduce any risk of flooding. 6331Uptown-CNN Initial StudylMarch 13. 2003 IS-23 o e) V. a-b) o o - CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT INITIAL STUDY The prtposed reinstatement of eminent domain for the Uptown and Central City North redevelopment . project areas would not produce changes in absorption rates, drainage patterns or the rate and amount of surface runoff not previously identified in the respective EIRs. As development projects are propo~ed, drainage and erosion control plans must be prepared in accordance with development standJds as administered by the City's Development Services and Public Works Divisions. The propo~ed development project located in Subarea B will be required to address site-specific drainage design'details through the Development Review process with the City Development Services and Public'Works Divisions. This issue will be addressed in the EIR. The pJoject Areas do not occur within a lOO-year Rood Plain as shown on Figure 62 of the City's I GeneniI Plan. I AIR OUALITY Air qulity is affected by both the rate imd location of pollutant emissions and by meteorological . conditions which influence movement and dispersal of pollutants. Atmospheric conditions such as wind speed,lwind direction, and air temperature gradients, along with local topography, provide the link between air pollutants and air quality. I . The City of San Bernardino is in the northeast portion of the South Coast Air Basin (SCAB), which includ~s Orange County, and portions of Los Angeles, Riverside, and San Bernardino counties. The SCAB lis an area of 6,600 square miles bounded by the Pacific Ocean to the west and the San Gabriel, San BJrnardino, and San Jacinto mountains to the north and east. The mountains reach heighl~ of lip to . . 11,000 feet above mean sea level (msl) and act to prevent airflow and thus the transport of air pollutants . out of the basin. I The sk Bernardino Valley portion of the SCAB is designated a non-attainment area for nitrogen dioxidt sulfates, particulate matter, and ozone:The criteria pollutants identified in the SCAB that would be assJciated with the proposed project include: j . . 1- Ozone (03) - Carbon monoxide (CO) - Nitrogen dioxide (N~) 1- Particulate mailer (PMIO) - Sulfur dioxide (S02) - Reactive Organic Compounds (ROC) . Redevelopment within the Uptown and Central City North Redevelopment Project Areas may result in demolition, construction and site grading. A typical redevelopment project will not exceed SCAQMD air quality thresholds. However, since the South Coast Air Basin is in non-attainment status for ozone and suspended particulates (PMIO) standard measures have been adopted by the City based on SCAQMD Rule 403 to minimize the project contribution to regional emission of criteria pollutants. Additionally, fugitive dust generated by construction activities would add to the ambient PM 10 levels but should not exceed SCAQMD threshold of 150 Ibslday after standard dust abatement procedures are 633JUptown-C~N Initial StudylMarch 13. 2003 IS-24 o o VI. o a) ~ CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT INItiAL STUDY c-d) . I applied, However, cumulatively, construction projects may exceed thresholds in the short-term. This issue will be discussed in the EIR. I The City's General Plan policies 10.10.2 and 10.10.4 require dust abatement measures during grading and COhstruction operations: and cooperation with SCAQMD by incorporating pertinent local implerrlentation provisions of the SCAQMD. Implementation of Rule 403 and standard construction practicJs during all operations capable of generating fugitive dust, will include but not be limited to the use of best available control measures, such as: I ) Water active grading areas and staging areas at least twice d:Uly as needed; 2) Apply water or soil stabilizers to form crust on inactive construction areas and unpavdI work areas; 3) Suspend grading activities when wind gusts exceed 25 mph; 4) Sweep public paved ~ads if visible soil material is carried off-site; 5) Enforce on-site. speed limits on unpaved surfaces to 15 rJph; and 6) Discontinue construction activities during Stage I smog episodes. I Therefore, the reinstatement of eminent domain for the Uptown Project Area would not alter the require~ents for, projects to comply with hlles and regulations regarding air quality. However, there are a nJmber of proposed projects within the Central City North Project Area that cumulatively, may adversJly affect air quality. I '. In addi!ion, the proposed development project within the Uptown Subarea B which encompasses approximately 88,000 square feet of commercial retail space, parking for approximately 550 vehicles. . and potentially parking for 240 vehicles in a 2-JeveJ parking structure to augment parking for the . Metrolink Station, located on 8.9 acres of land located near Third Street and 'T' Street, lIlay exceed air ~ualitylthreshoJds. The EIR will include an Air Quality analysis of both project and cUlllulative Impacts. The IJaI climate can be classified as Mediterranean with hot and dry summers and short, warm and relatively dry winters. Temperatures range from a low of 320 FalJrenheit. in the winter to a high in excess of I OOo'during the summer. Mean annual temperature is 650. Average annual precipitation for the area is 18 inch~s, which is almost exclusively rain. Proposed reinstatement of eminent domain would not affect the phy!;ical environment. The rede~elopment plans for the project areas are consistent with the City's General Plan and zoning with regard to permitted land uses in each project area (although the proposed develo~ment project in Uptown Subarea B would require a GP A). Plan implementation and adoption of eminent domain would not increase air emissions over that considered in the Uptown or Central City EIRs. Reinstatement of eminent domain to facilitate redevelopment in the Project Areas will not result in objectionable odors. Land use designations in the Project Area are predominately professional and commercial office uses. However, the proposed development project in Subarea B and related parking structure for the Metrolink, may cumulatively result in odors associated with vehicle exhaust. This issue will be addressed in the EIR. TRANSPORT A nON As the project areas undergo redevelopment, there would likely be an increase the number of vehicles traversing within the area, but result in a general improvement in traffic circulation conditions in the 633/lJptown-CNN Initial SludylMarch 13, 2003 IS-25 o. o o - CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT INITIAL STUDY ble) I City. A common goal of the Redevelopment Project areas is to encourage circulation improvements, parking facilities and transit services. The reinstatement of the powers of eminent domain establish on of the tools available to the EDA in accomplishing such goals but would not result in direct impacts to traffic ~nd circulation within the project areas. . I The proposed development project within the Uptown Subarea B encompasses approximately 88,000 square Ifeet of commercial retail space, parking for approximately 550 vehicles, and potentially parking , for 240 vehicles in a two-level parking structure to augment parking for the Metrolink Station, is . . located on 8.9 acres of land located near Third Street and 'T' Street. The proposed project also involv~s the demolition of three single-family residences: and 72,500 square feet of existing retail space ~hat has suffered from numerous vacancies and under-utilization.. The EIR will include an analysis of increased trips generated by the proposed development project as well as the proposed zone changJ from IL to CG-l in a nearby area within Subarea B. I . . The reinstatement of eminent domain would not result in the alteration of the present pattern of circulation in either project area. Similarly, the reinstatement of eminent domain will not change the basic p~ths or patterns of circulation in the immediate area, and will not create any disjointed roadway improv~ments. One of the primary goals of the Redevelopment Plan is to encourage circulation improv~ments and transit use within the specified project areas. However, the EIR will address the . cumuldtive impact of roadway improvements associated with the proposed development project and the pro~osed zone change from IL to CG-l in Subarea B and generally describe proposed roadway impro~ements that may occur with development of other proPosed projects in the Central City North project area by others. This issue will be discussed under cumulative impacts in the EIR. d) The reinstatement of eminent domain would likely not impact rail or air traffic. The nearest airports are located approximately four miles to the east (San Bernardino International Airport, former Norton Air Force Base) and approximately ten miles to the west (Rialto Municipal Airport). The nearest passenger railroad operation is the Amtrak Station at Third Street and Mt. Vernon, located immediately north of the .l!ptown Subarea B Project Area. The project would not likely stimulate any activity that would place , demands on rail or air traffic, nor interfere with their operations. The proposed project in Subarea B should result in enhanced accessibility and greater parking availability for the Metrolink station. e) All parking for individual projects would likely be provided on-site for future development projects. Parking spaces for individual projects within each project area would be in compliance with the requirements of Chapter 19.24 of the City of San Bernardino Development Code. One of the goals of the redevelopment plans is to improve access to parking facilities throughout the project areas. The proposed SubareaB project may include a 2-level parking structure to provide additional parking for Metrolink and the Santa Fe Depot; the parking needs of the proposed development project and adjacent uses in Uptown Subarea B will be analyzed in the EIR. f) The reinstatement of eminent domain would not affect proposed roadway improvements planned by the City of San Bernardino, or the County of San Bernardino in its redevelopment of the County Government Center area. This area is located in the east side of Arrowhead Avenue immediately outside the Central City North project area boundary. Increased traffic associated with growth in the 633JUptown-C~N Initial SludylMarch 13. 2003 IS-26 o ( o o - CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT INITIAL STUDY g) I I redevelopment project areas would not interfere with existing vehicle flows or bicyclists and . pedestrians. Both project areas are urban and includes sidewalks, crosswalks, and signalized interse~tions with pedestrian crossing lights at the busiest intersections. Bicycle use has increased in recent ~ears, as employees of minimum wage jobs have adopted this as a viable mode of transportation. Consideration of bicycle lanes could resolve any future conflicts between cyclists and vehiclet This issue will be qualitatively discussed in the EIR. I The reinstatement of eminent domain will not conflict with adopted policies supporting alternative modes ~f transportation, and the implementation of the proposed project in Subarea B should result in enhanc!d accessibility and greater parking availability for the Metrolink station. New anl redeveloped construction design will include adequate eme~gency access on-site as standard requireJoents by City public safety departments. Design plans for these projects must be in compliance with th~ City's Development Code and will be reviewed and approved by the City Fire Marshal and Police Department prior to site disturbance. Therefore, the reinstatement of eminent domain would not I affect emergency response. . I BIOLOGICAL RESOURCES The pr!ject areas do not occur within a Biological Resources Management Overlay as shown on Figure ~I of the City's General Plan. The California Department of Fish and Game maintains a Natural Diversity Database that lists threatened and/or endangered species that occur within a given area. B~th project areas occur within the San Bernardino South Quandrangle. Wildlife species listed . . within the quandrangle do not occur within the boundaries of each project area due to the area's urban develo~ment. Additionally, no sensitive plant or animal species are expected to occur due to the highly disturbed nature of the area and urban surroundings. Development within and surrounding the project areas h~ eliminated any wildlife corridors that may have occurred in the past. Reinstatement of eminen\ domain and development of properties in either project area would not affect biological I resources. h) VII. a-c) d) The prJject areas do not contain wetland or riparian habitat. Uptown Subarea A and Central City North projectlareas lie within the Warm Creek drainage area of the upper Santa Ana River watershed. The Creek has been channelized and lined with concrete. It is maintained as a flood control channel and does not represent a natural habitat, therefore, reinstatement of eminent domain would not affect Warm Creek. The Uptown Subarea B Project Area lies within the Lytle Creek drainage basin. Currently areas of Lytle Creek are highly disturbed with sand and gravel excavation occurring within the wash area. The existing creek conditions and riparian habitat would not be. impacted by either the reinstatement of eminent domain or the proposed project within the Uptown Subarea B Project Area. e) Many mature trees occur throughout both project areas. Removal of some mature trees may be required to accommodate site construction and/or grading/paving activities. The City requires an applicant to prepare an arborist's report on the condition of mature trees that have six inch or greater trunk diameters. A Tree Removal Pernut would be issued concurrent with project approval for the anticipated removal of mature trees in conjunction with any proposed development in accordance with 633JUptown-CNN Initial Study!M:arch 13,2003 IS-27 o o "'I CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT INITIAL STUDY VIII. a) b) b) DevelJpment Code Section 19.28.090. Reinstatement of eminent domain would not affect the status of existing trees in the.Project Area, and the existing ornamental landscaping within the boundaries of the propos~d development project in Subarea B would be assessed during Development Review. ENER1GY AND MINERAL RESOURCES Reinsttement of eminent domain and development of properties in the Project Areas would not result in any ~onflicts with adopted energy conservation measures as required by the City of San Bernardino. . Compliance with existing codes, ordinances, recognized conservation measures, ongoing "best . available technology" and the City's General Plan would occur with Agency approval of final project . . plans ~or any development projects to reduce any net decrease in -eneq,y resources. As proposed, redevelopment in the project areas would not create any significant demand on existing/planned energy resour~es and facilities, since most of the properties are already developed with urban uses. In additiok county, state and federal construction projects, or projects proposed by the School District, which bay occur in the project areas are 'not subject to City'building review, must still comply with state aAd federal guidelines for energy conservation. ' Non.rlewable resources to be used by contractors during redevelopment include diesel fuel, and . natural gas. All uses shall be designed to be efficient; no wasteful use of non-renewable resources will . occur. Reinstatement of eminent domain would not alter this requirement. Reinsttement of eminent domain and the development of properties in the Project area would not result in the loss of valuable mineral resources because the areas are not identified by the state Departinent of Conservation as a mineral resource area due to urbanization. Lytle Creek is identified as a resoJrce for aggregate material. Neither the proposed reinstatement of eminent domain nor future develo~ment projects that may be proposed in the redevelopment areas would not affect that resource becaus~ projects would redevelop existing urban uses. RedeJlopment may include aggregate resources in the construction of parking lots and buildings. Steel, ~oncrete, and asphalt would be required as part of construction. These resources are commJrcially available in the local area without any constraint and no potential for adverse impacts to . the nattral resource base supporting these materials is forecast to occur over the foreseeable future. This dJmand is not significant due to the abundance of available local aggregate resources. IX. HAZARDS aCb) Hazardous or toxic materials transported in association with development projects may include items such as oils and fuels. All materials required during development and operation of businesses would be used and transported in compliance with all state and local regulations. Likewise, substances that would likely be used and stored by typical urban businesses would be in controlled environments in accordance with existing requirements of the County Department of Health or Fire Department, State o Department of Toxic Substance Control, SCAQMD or other permitting agencies. Reinstatement of eminent domain and the redevelopment of any properties in either project area would 633/Uplown-CNN Initial SrudylMarch 13, 2003 IS-28 o o o a-b) - CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT INITIAL STUDY c) X. a-b) XI. a-e) XII. a-h) not altJr these regulations. A general discussion of land uses in the project areas and likely hazard Jus/toxic mat~rials that may be used or transported in such an urban environments along with a discussion of the likely agencies with oversight will be included in the EIR. j . Some Aisting sites in the project areas may contain discarded wastes. If a parcel is suspected of . containing underground storage tanks and/or other materials known to contain hazardous materials, a . Phase I Site Assessment would be prepared by a Registered Environmental Assessor (REA). Recomlnendations contained in the report would be implemented prior to any site development. RequirJments for conducting Environmental Site Assessments on properties to be redeveloped will be discuss!d in the EIR. . I . NOISE . Reinstalement of eminent domain would not create noise levels within the project areas that were not previou~ly identified within the respective ElRs. Future development projects may be required to conducl noise studies if it can be shown that they may have an adverse impact on the existing environ1nent (new commercial uses adjacent to an existing residential neighborhood for example). I The proposed project within Uptown Subarea B encompasses approximately 88,000 square feet of . commercial retail space, parking for approximately 550 vehicles, and potentially parking for 240 vehicle~ in a 2-level parking structure to augment parking for the Metrolink Station, on 8.9 acres of land loJated near Third Street and 'T' Street. The EIR will include an analysis of potential impacts I associated with this proposed development project. I . PUBLIC SERVICES The rei!statement of eminent domain by itself would not result in any additional demand on public serviceJ. However, due to the age of the program. EIRs for the respective project areas, a socioec~nomic analysis will be undertaken to update existing conditions in each project area, and descriW any future needs and plans by public service departments or agencies to upgrade or expand . I services. . I UTILITIES Therei!statement of eminent domain by itself would not result in any additional demand on utilities and public infrastructure. However, due to the age of the program EIRs for the respective project areas, a discussion of utilities and providers' ability to provide service and upgrade infrastructure to support redevelopment projects in the project areas will be discussed in the EIR. XIII. AESTHETICS Eminent domain would be used to" stimulate redevelopment activities to achieve an overall upgrade of the area and provide a climate for efficient business activity and an enhanced environmental selling. 633/Uplown-CNN Initial StudylMarch 13,2003 IS-29 o o o c) XIV. a-c) - CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT I INITIAL STUDY I The ploposed project within the Uptown Subarea B encompasses approximately 88,000 square feet of . . comm.ercial retail space, parking for approximately 550 vehicles, and potentially parking for 240 vehicles in a 2-level parking structure to augment parking for the Metrolink Station, on 8.9 acres of land I&:ated near lbird Street and 'T' Street. The proposed project also involves the demolition of three ~ingle-family residences, and 72,500 square feet of existing retail space that has suffered from nume}ous vacancies and under-utilization. The EIR will include a discussion of the Aesthetic impacts and in\provements to the project area associated with the proposed project. ReinJatement of eminent domain and the redevelopment of the Uptown and Central City North RedeJelopment Project Areas may include additional light and glare from new structures. Although the U~town Project Area is largely made up of commercial and professional office buildings and comrnhcial retail uses; new light would not significantly affect other future development in the area. Howe~er, this area is located adjacent to existing residential neighborhoods that may be affected by redev~lopment of commercial properties. This issue will be addressed in the EIR and standard conditions of approval for development ptojects will be identified to ensure compliance with the City's Devel~pment Code standards for light and glare. The EIR will also specifically address the additional light a'nd glare that may result from the proposed development project within Subarea B. I CULTURAL RESOURCES Both Jedevelopment project areas are located within an area of "Urban Archaeological District - Historic Archaeological Resources of 19th Century San Bernardino" according the City General Plan FigurJ 8. Future redevelopment of commercial areas in the Project Area may involve the demolition of old~r commercial and residential structures. The previous EIRs for both the Uptown and Central City North project areas recommended that prior to future development projects involving demolition or alte~ng of cultural resources, an assessment should be completed to ensure the compatibility with the suJrounding environment or the existing resource itself. Reinstatement of eminent domain would have n~ impact on any potentially cultural resources in the Project Areas. However, this issue will be addres~ed in the EIR to describe existing conditions and to identify measures that would ensure . . potential historic resources are protected as future redevelopment projects may affect Historic or . Archaeological resources. The plposed development project within the Uptown Subarea B involves the demolition of three single~family residences, and 72,500 square feet of existing retail space that has suffered from numeJ,us vacancies and under-utilization.. The EIR will include an analysis any potential impacts to . historical/cultural resources associated with this proposed project. . XV. RECREATION a-b) This issue will be addressed in conjunction with the discussion of Public Services in the EIR. 6331Uptown-CNN Initial StudylMarch 13, 2003 IS-30 o o o CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT b) . I I MANDATORY FINDINGS OF SIGNIFICANCE a) The pr!ject areas do not occur within a Biological Resources Management Overlay (reference . Figure i I of the General Plan). The majority of each project area is developed and any exiting vacant areas have little potential to contain a native biological community. Future redevelopment project would fuainly involve the renovation or the demolition of existing structures and replacement with new stI~ctures. Redevelopment should not result in the degradation of environment or loss of any v,:ildlifJ habitat that has not already been considered in the respective Redevelopment Plan ElRs. I Redevelopment may result in the removal of historic structures or the unearthing of archaeological or historic' resources. This issue will be addressed in the EIR. . The rei!statement of eminent domain and future development of propertie~ in each project area would allow for the redevelopment of blighted areas. Both project areas would be redeveloped with a mix of commercial, professional, and residential land uses. Redevelopment would be in compliance with the General Plan, and the project areas is not located in a sensitive Biological Resource Area according to . the Uptown EIR. I Redevelopment within the Uptown and Central City North redevelopment project areas may result in demolition, construction and site grading. A typical redevelopment project would not likely exceed . SCAQMD air quality thresholds. However, since the South Coast Air Basin is in non-attainment . status for ozone and suspended particulates (PM 10) standard measures have been adopted by the City based o~ SCAQMD Rule 403 to minimize the project contribution to regional emission of criteria pollutaAts. Additionally, fugitive dust generated by construction activities would add to the ambient I . PMIO levels but should not exceed SCAQMD threshold of 150 Ibs/day after standard dust abatement procedJres are applied. However, cumulative air quality impacts as well as temporary construction related impacts .will be addressed in the EIR. The pro\msed redevelopment in the Uptown and Central City North proj~ct areas would improve the general;condition of each area both aesthetically and functionally. The reinstatement of eminent domain within these project areas could result in cumulative impacts with respect to other project in the area, particularly in the Central City North project area where there are a number of projects proposed by others (not redevelopment projects). Cumulative impacts will be addressed in the EIR. INITIAL STUDY XVI c) d) No substantial adverse environmental effects not previously considered in the Uptown or Central City EIRs were identified for the proposed reinstatement of eminent domain within the project areas. The majority of either project area has previously been disturbed, and the proposed project would eliminate the blighted conditions, improving the general aesthetic value of the area. However, a final determination as to the direct or indirect effects to humans will be made in the EIR. 633AJptown-CNN Initial StudylMarch 13, 2003 IS-31 o o I o o o. o I I I I I I I FIINAL ENVIRONMENTAL IMPACT REPORT , I UPTOWN/CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA . . CITY OF SAN BERNARDINO SAN BERNARDINO COUNTY, CALIFORNIA , \_- ( Dfll[lill June 15. 2004 - .0 I FINAL ENVIRONMENTAL IMPACT REPORT I UPTOWN/CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA I . . CITY OF SAN BERNARDINO SAN BERNARDINO COUNTY. CALIFORNIA I. I Prepared for: o City of San Bernardino Development Services Department 300 N. "0" Street, 3"' Floor San Bernardino, California 92401 Contact: Ms. Valerie Ross, City Planner Prepared by: LSA Associates, Inc. 1650 Spruce Street, Suile 500 Riverside, California 92507 (909) 781-9310 Reviewed by: The City of San Bernardino has independently reviewed, analyzed, and exercised judgment in the analysis contained in the Environmentallmpact Report and supporting documentation pursuant to Section 21082 of the California Environmental Quality Act (CEQA). LSA Project No. CBD231 . D........Ii.....;<.......... ..... '1 '-'-'-"':f"t..., .... :" _nffi:~~:~jf~~~:~l~~ o June 15, 2004- o o o - I TABLE OF CONTENTS I SUMMARY OF THE FINAL ENV[RONMENTAL [MPACf REPORT............................... [-I [. [ INTRODUCfION ........................................................................................................... [- [ I PUBLIC REVIEW OF THE FINAL ENV[RONMENTAL [MPACf REPORT..................... 2-1 2.[ 'LlSTOF PERSON, ORGAN[ZATlONS AND PUBLIC AGENCIES . ,COMMENTING. ON THE DRAFT EIR ........................................................................ 2- [ 2. [. [ COMMENT LETTERS RECEIVED FROM UTILITY PROVIDER.................. 2- [ . 2.1.2 COMMENT LETTERS RECE[VED FROM PUBLIC AGENCIES.................... 2-[ I - RESPONSE TO COMMENTS ON THE UPTOWN/CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA FINAL E[R ............................................................~. 3-[ I REVISIONS TO THE DRAFT EIR ......................................................................................... 4-1 I MITIGATION MON[TORlNG PLAN ..................................................................................... 5-1 . MITIGATION MON[TORING CHECKLIST .........................................................................5-2 I I TABLES' . I Table 4.6C:. Year 2008 Without Project Intersection Levels of Service.......................................... 4-1 Table 4,6.E: Year 2025 Without Project Intersection Levels of Service................;......................... 4-2 Table 4.6.H.: Year 2008 With Project Intersection Levels of Service............................................... 4-3 Table 4.6.J: Year 2025 With Project Intersection Levels of Service............................................... 4-4 .1.0: 2.0: 3.0: 4.0: 5.0: R.:\CBD231\FElR\CT-T.doc (&1 SI04) o o o - i 1.0 SUMMARY OF THE FINAL ENVIRONMENTAL IMPACT REPORT I / 1.1 'INTRODUCTION The FiJ.I Environmental Impact Report (FEIR) for the Uptown/Central City North Redevelopment Project lArea (State Clearinghouse No. 2003031072) has been prepared in accordance with the CaIifo":ia Environmental Quality Act (CEQA) and the guidelines for the implementation of CEQA. Hereaft~r, the Initial Study, Notice of Preparation, Notice of Availability, Draft EIR, Technical , Studies,land Final EIR containing Responses to Comments and including the Mitigation Monitoring Plan co.1stitute the EIR for this project. These documents will be referred to collectively as the EIR. , I ' The persons, organizations, and public agencies that have submitted comments on the Draft ElR throughlMay 26, 2004, are listed in Section 2.0 of the FElR. A total of four comment letters were received. Thre~ (3) comment letters were received from public agencies, and one (I) was received from a Jtility service provider. . I . The individual comment letters submitted regarding the DElR and individual responses to eacli comme~t are included in Section 3.0 of the FElR.' The primary objective and purpose of the EIR public :eviewprocess is to obtain comments on the adequacy of the analysis of environmental impacts~ the mitigation measures presented, anq other analyses cont:iined in the report. CEQA requires that the City respond to all significant environmental issues raised (CEQA Guidelines Section 15088).1 The City's response to environmental issues, "... must be good faith, reasoned analysis." Comme~ts that do not directly relate to the analysis in this document (Le., are outside the scope of this do~'Lment) are not given specific responses. However, ,all comments are included in this section so that the decision-making body for the proposed project is aware of the opinions of public agencies, , organizAtions. and the general public. 'Based, Jpon the review of the Draft ElR and Technical Appendices, portions of the Draft EIR have been revised. Section 4.0 of the FEIR identifies those portions of the DEIR that have been revised slibsequ'ent to the release of the document for public review. Per CEQA Guidelines (Section , 15088.5[a]), ". . .New information added to an EIR is not 'significant' unless the EIR is changed in a way that deprives the public of a meaningful opportunity to comment upon a substantial adverse environmental effect of the project of a feasible way to mitigate or avoid such an effect (including a feasible project alternative) that the project's proponents have declined to implement." While minor editorial revisions have been made, no revisions to the DEIR were made in response to any comment received during the public review period. The minor editorial revisions made to the DEIR do not constitute significant "new information" that would require the recirculation of the EIR. Section 5.0 includes the Mitigation Monitoring Plan prepared for the proposed project. As required by State law (public Resources Code, Section 2108\.6), the MMP has been prepared to ensure 'compliance with the mitigation measures adopted for the proposed project by the City of San Bernardino. Public Resources Code, Section 2108\.6 requires the adoption of a reporting or monitoring program for those conditions placed on a project to mitigate or avoid adverse effects on the environment R:\CBD231\fElR\Sec6on bloc (6IISf2004) I-I o c o. 12.0 PUBLIC REVIEW OF THE FINAL ENVIRONMENTAL IMPACT REPORT I 2.1 LIST OF PERSONS, ORGANIZATIONS, AND PUBLIC AGENCIES ;COMMENTING ON TilE DRAFT EIR. Per Section 15105(a) of the State CEQA Gnidelines, a DEIR submitted to the State Clearinghouse for review by State agencies shall have a review period, "...not less than45 days." The public review period the DEIR extended from April 8, 2004 to May 24, 2004, a period of 47 days. The public . review Period for the DEIR exceeded the minimum required byCEQA.' The Draft EIR was properly noticed 'and distributed and was available at San Bernardino City offices and at the Feldhym Central Library~ Additionally, the document was available in its entirety on-line at the City's website. . CommehtS to the DEIR were received by mail only. The pelons, organizations, and public agencies. that submitted comments regarding the DEIR through'May 26, 2004, are listed below. A total of four comment letters were received. Three conune~t letters were received from public agencies and one comment letter was received from a utility p~ovider. The City accepted one comment letter subsequent to the close of the public review' . period. I While the City is not required to respond to comments received after the close of the public review period, to ensure the.thorough consideration of public opinion, this letter has been responded to in full. . I 2.1.1 Icomment Letters Received From Utility Provider (1 Letter) A The Gas Company (April 29, 2004) i . Rogelio A. Rawlins . I Technical Services Supervisor 2.1.2 IComment Letters Received From Public Agencies (3 Letters) B Southern California Association of Governments Jeffrey M. Smith, AICP Senior Regional Planner, Intergovernmental Review (May 12,2004) C State of California, Department of Toxic Substance Control Greg Holrns, Unit Chief Southern California Cleanup Operations Branch (May 21, 2004) D San Bernardino Associated Governments Steve Smith, Principal Transportation Analyst (May 26, 2004) R:'\CBD2J I\fEIR\Sedioo 2.doc (611SnOO4) 2-1 o o o ~ . I . 3.0 RESPONSE TO COMMENTS ON THE UPTOWN/CENTRAL . CITY NORTH REDEVELOPMENT PROJECT AREA FINAL EIR I I I Thecol.nments on the Uptown/Central City North Redevelopment Project Area lliatt EIR (State CleariJghouse No. 2003031072) and the individual responses to each comment are included in this section~ The primary objective and purpose of the EIR public review process is to obtain comments on" the1adequacy of the analysis of environmental impacts, the mitigation measures presented. and other a'nalyses contained in the repOrt. The California Environmental Quality Act (CEQA) requires that th'b .City of San Bernardino reSpOnd to aU significant environmental issues raised (CEQA Guidelines Section 15088). Comments that do not directly relate to the analysis in this document (i.e., are out1;ide the scope of this document) are not given specific respOnses. However, all cOnnDents are includ~ in this section so that the decision-malcers know the opinions of the comnientors. " In th)Processof respOnding to the comments; minor revisions to the Draft EIR have been made. None bf the changes to the Draft EIR is considered to he significant new information (CEQA Guideiines Section 15088.5 [an. " CoJnt letters are arranged in chronological order. Aside from the courtesy statements. introdJctions, and closings, individual comments within the body of each letter have been identified and a~signed an alpha-numeric identifier. The first digit in tile identifier indicates the specific co~nt letter, while the second digit identifies the specific comment within the each comment letter. For example, the comment identified as A2 wiU correSpOnd to the second comment, in the first co~ntleller received. 4CoPiJ of each comment letter" are included ht the Fmal EiR. Braclcets delineating tile individual comments and the alpha-numeric identifier have been added to the right margin of each letter. " . FolloJing each comment letter is (are) the page(s) of respOnses to each individual comment. R:'CBD231\FEm\Soctiou).doc (61lS12OO4) 3-1 o o o ......-..- oorg~~U\Ylrn[Q) MAY 0 7 2004 I!DI:W .....-. c:.Mw1olo .... "-"" _W.l~_ _CA 9ZJ14-97Z0 al 1"~1.\ A ~Semp! Energiutilily April 29, 2004 City orJ llenw"diJio . . Dc'i'cIopmtJIt Services Depu1meDt 300 N. "DiStrcet San Bena2r<flno, CA 92418 . I . . AttaltioD:ralerlec.RoSS , . . . . . Re: UptoWll and Cmtnl City l'iforth Redevelopmel1t Project Area PbDs - Oty or Su &mardino. 'Ih3nk you!rOC' the opportunity to respond to the above.RferCoced project Please note that Southern Cjilifarnia Gas Company bas &ciIities in the area where the abo.-e named project is proposed. Gas service to the project could be provided without any significant impact on the cnvironmen\. The service would be in accocdancc with the Company's policies and c:xtension rules on fil~ with the California Public UtIlities Commission atftu: time contraCtual ammgcmcnts =~I .' . You should be aware that this leU<:r is not to be intclpreted as a contractual commitment to serve the ~ project, bUt only as an informational scrvi~. The availability of natura1 gas service, as kt bth in this letter, is based upon present Conditions of gas supply and ~ policies. M a public utility, The Southern California Gas Company is under the jurisdiction of the Califm:ua Public Utilities Commissioc, We can 'aJsO be .affected by actions of fcdaal xcgu1atory 'agencies.. SbDuId these agencies take any actiOn, which affects gas supply, or the cooditions bier which service is available, gas service will be provided in accordance with revised conditions. . . . CITY OF SAIl 96lHAADINO DtVa.OI'MENT saMCES DEl'ARnolEHT ,11>IIIoo- PO ...J003 _CA~ Typical demand use for: lL Residential (System Mea AvcragelUse Pee Meter) ygdy I Sing!eFamily .799~dwcllingunit I MuIti-Fami!y 4 or less unilS . 482 ~car ~Uing unit MuIti-FamiIy 5 arm()(\'; units 483 thalDsIyor dwelling unit These averages arc based on tollll gas consumption in residential units saved by Southan California Gas Company, and it should not be implied thai my particular home, a:partment or tract ofhomcs will use these amounts of cnagy. A1 A2 o I I I April 29 , 2004 Pa.,oe 2 1 b. eow.u...ci.aI Due to the tact that construetion varies so widely (a glass building vs. a heavily insu1ated building) and tbClC is sw:h a wide variation in types of IlJ3teriaIs and, a typical ""=mil figure is not available for this type of construction. Calculations . I. would need to be made after the building bas bc:c:Il dtsigne<i We ~Ve~d Side MaJl'I~ programs available to ~lJl~ ~ to provide 2.ad=r.c in selecting the most effective. applications of c:nergy of our cnttgY conse1vatiOll proUams, please contact our ~ciallIndustrial Support Center at l-8OO-GAS- 2000.' ' I o SmcJely, ~~~ t:; T~1ulica1 Services Supervisor I. 1 1 l ;. o - DD.i.1I J~ }~ o o o . L'''' A.,OCIATE.. IMC. JUM_ UU I PINAL Itla U'TO'WNICI.MTaAL CITY MoaTH .IlDI!VU..O,....I!MT ..aOJECT AaaA t.' ."'''ON'r. TO COIoUtaNT. RESPONSE TO LETTER A I The Gas Company " Respo!s., to Comment AI: The Initial Study prepared for the proposed project (Appendix A of the Draft EIR) states that prior to approval. development within the Redevelopment Project Areas would be reqJired to provide evidence that it can be adequately serviced by the natural gas and ele<;tricity providJr. and submit plans showing the incorporation of energy conservation measures into the project' in accordance with Title 24 of the California Administrative Code. Adherence to these requirelnentswould reduce utility impacts to a less significant level. The Gas Company conunent that, ""Gas service to the project could be provided without any significant impact on tbe envir0l1ment." corresponds with the Initial Study's findings related to the provision of gas service. RespoL to Comment A2: The esti~ted energy ~uirements detailed in the Initial" Study were " based In South Coast Air Quality Management District (SCAQMD) generation factors (Table A9-11 " Estimaiing Emissions from Electricity Consumption by Lantf Use, SQAQMD CEQA Ai~ Quality NoteboS>k.)" Using these generation" factors. the Mercado Santa Fe componept of the proposed project was estimated to consume approximately 9,303 cubic feet of natura! gas per day. Development projecJ within the Redevelopment Project Areas undertaken subsequent to the reinstatement of eminent domain would be subject to review by the City and" the Gas Company to ascertain the signific'ance of potential impacts to the provision of natural gas. RespoL to Comment A3: The ~ity recognizes and appreciates the availability of the Gas Compa1.y's Demand Side Management programs. The City will convey to the proponents of future development within the Redevelopment Project Areas of the availability of these programs. , R:'CBD2JIV'ElR\Soctioa J.doc (611512004) 3-4 o SOUllfERN CAUFORNIA ASSOCIATION Ofl GOVERNMENTS Main om", I 818 West ~nth Street 12th Roor !os Ansel... C.Ufoml. 90017-3435 I (21'i) 2]6-1800 1(21))2)6.1.825 www.scac.a-p ~1'luI4f:'IIt:~.....,.,.." C......flrgYU~~lIIbttllM. .erts., ~ .. S<<.4 VIu ~ j~~~ '*L~~r~~': m.~"'n . . ::T;:::.,"::'.. ---.......,.. ......... c.-tr: "-- ltIlIIoQ~e ~ .....~eo..,.lnY.l~lm.~ ~ .. K1nv ...... Sa" "'boWl .. htj ""*'CftlIIa$.......~lAlS.~. "'IM'f OwL ~ .. '-: D.Mds. '.__.Mib~h""".""'" 1lIdap.~.Eric'-:di..t.s;~. w..df "-lLM ~ .. frri Gwult. c.d*r.~KilIa.,llI$~.lMbtWlll, ...~.~....c-,t~._ ~e..~.'-'r~lJIo\c led .. ..... lM6M, 'Iat. ~.. ~ ~~..~..."a.r-.t. Or"r~"~."""""" IImru .. ". ac... s.u IIonkI .. 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QQnpc..., ~ ...., r~. t..&- c-e..- "-l-.Hsod 'tlIIIeoqc-lr"-'-u&..~ !iii .....-- (i) ................'- w-oo'MI-o ~ I!mDI - -...... .- - -:-71 '". . .':'. r"{ '."--: .: 1': ",,:.-.~ ".'V \:.~ H\.\~ 33 May 12, 2004 (". . - '.'~..:'2';O s.' ~'.: ~~( Mr. Mike TrouI, Project Manager Economic Development Agency 300 North "0" Street San Bernardino, CA 92418 RE: SCAG Clearinghouse No. I 20040220 Uptown and Central City Nort~' Redevelopment Project Ai'ea Plans Dear Mr. Trout: Thank you. for submitting the. Uptown 'and Central City North Redevelopment Project Area Plans review and comment As areawide clearinghouse for regionally signifrcant projects, SCAG. reviews the consistency of local plans, projects and programs with regional plans. This activity is based on SCAG's responsibilities as a regional planning organization pursuant to state and federal laws and regulations. Guidance provided by these reviews is intended to assist focal agencies and project sponsors to take actions tOOt contribute to the attainment of regional goals and poIicies~ . We have reviewed the Uptown and Central City North Redevelopment Project Area Pfans, and have determined that the propose(j- Project is not regionally significant per SCAG Intergovemmental Review (IGRl" Criteria and' California Environmental Quality Act (CEOA) Guidefines (Section 1s200): B1 Therefore, the proposed Project does not warrant coovnents at this time. Should there be a change in the scope of the proposed Project, we would appreciate the opportunity to review and .comment at thai time. A description of the proposed Project was published in SCAG's April 1-15, 2004 Intergovernmental Review Clearinghouse Report for pubfic review and ~ The project title and SCAG Clearinghouse number should be used in all correspondence with SCAG concerning this Project. Correspondence shouid be sent io the attention of the Clearinghouse Coordinator. If you have any questions, please contact me at (213) 236-1867. Thank you. . Sincerely, u{J~~.~ . JEFFREY M. SMITH, A1CP . Senior Regional Planner Intergovernmental Review - o . L'" A..oeIAT!;S. !tee. JUNE ".. . I 'INAL I!la UPTOWMI'CI!NTkA.L CITY MOaTH kI!DI!VI!LO'WI!NT PROJECT AIlItA s., REI.ONIII TO COWWEMTI REspbNSE TO LETTER B SouthJrn California AssOciation of Governments Respo!.e to Comment Bl: The letter informed the City that based on SCAG's Intergovernmental Revie-: (IGR) Criteria ~ CEQA Guidelines (Section 152(6), die proposed project is not regionaUy signific!ant. . No comments are warranted. The City recognizes and appreciates SCAG's review of the DEIR. 'Because no comments related to the scope or adequacy of the DEIR were raised, no response to SCAG's comment is required. . I o I I I I o R."'OJD23I\ffJR\'kctioD J.dac (61ISf20()4) 3-6 ~ . I I I ""I .::~ --- - DmDII 00 o o Departmentof.=ruxic Substances Control .~ "" . TenyT.....nn I IQIlftCt Seaetary . I C31S'A I . 'EdwlnF ~ Dfreclor . . 1001 or Street, 25'" Fkxr P.O:Box606 5a(:rame!ltO, Cefafomia 95812-0006 . --.......00 Gc:M!mor MEMORANDUM OO~~~~:[g[Q) TO: Rania Zabaneh, . aJY O~ SAN ~'lllINO Site Mitigation Prog~ R~t ~ .L..tvu '. o~=.-rSEiMCEs Guentherw. Moskat. ChIef d . . . Planning & ErivIronmerit31 Ana/ysis Section FROM: DATE: April 13, 2004 SUBJECT: CECA ENVIRONMeffAl DOCUMENT REVIEW FOR: UPTOWN/CENTRAl I CITY NORruREOE.VaOPMENTPROJECT. SCI-I# 2003031072 I . The Offi! of Environmental Analysis. ReguJaljons & Audits (OEARA) received the attached .. doaJment from an outside agency far I;}TSC. review as a potential Responsible or Interested Agency Pursuant the CaRfomla EtivIrilnmentalQuality Act (CECA). A preliminary review of this document by our office shows that the project may fall within the regulatory authorily of DTSC because It Involves one of the folklWingIand uses that could potentially expose in<flViduals to haiards Or hazardous materials:. . I . 8 AN EXISTING OR PROPOSED SCHOOL SITE SENSITIVE lAND USES .(ag.. da)<:are fadlity. nursing home, hospital) I8l NON-SENSITlVE LAND ~!;S (e.g., t:Qll1IT1f!lcIa or industrlaI facilities) ~ . .. This doclimenlls being fO/Wal"ded to your office for further assessment Please provide the Lead Agdncy that Is Identified on1heatlached Notice of Completion form With any rommenls yOu may have on this document before f!1e dose of the coovnent period (512412004). After your revlew, pleasGcompIele 1helnfonnalJoIHequested:in the bOx below and return this fbrm to 01.1' offiCe at the following addreSs: CECA Tracking Center Office of EnWonmenlaI An;lJysis, Regulations & Audits 1001 I Street, 22nd Rood P.O. Box. 806 Saaameoto, CA ~12 . ~ COM~S WERE SENTTO lHE LEAD AGENCY and a copy forwarded to OEARA via: . .:er.. M allachmenl. to this document lJ Fax@(916}323-3215 . [] COMMENTS WERE f!QI SENT TO THE LEAD AGENCY 1JAr.;p"",' lJ The project did not flI/l wifhin the JurisdIclIon at DTSC [] The document adequately as~ impacts from the proposed project as It relalas to UTSC's area ofjurisdidion . @ Printed on Ileeyded Paper s/s gn"d OSBS",eCG0s'al SPtO/BUld DUPQS ~D ~~'~'HO~~ CS'CI .0-~~-^VM TenyTonVnlnon I ~~ Calla'A May 21, 2004. I I Ms. Valerie Ross DeputY Director/City Planner Redevelopment SefYiges Department City of ~an Bernardino 300 North .0" Street San Bernardino, California 9241'8-0001 .. I NOnCE OF COMPLETION OF A DRAFT ENVIRONMENTAL IMPACT REPORT FOR THE UPTOWN/CENTRAl CITY'NORTH REDEVELOPMENT PROJECT AREA PLAN AMENDMENTS (SCH # 2003031072) I . Dear Ms. Ross: . The De~rtment ofToxic SUb~nces Confrol (DTSC) has received your Notice of Completion (NOC) of a draft EnVironmental Impact Report (E/R) for the above- . mentioned Project . I . Based on the review of the doctJmenf, DTSC's comments are as follows: o .e o o - I I " I .:~. ~ - ,e II!m1BI Department ?f.1oxicSubstances Control ~ F.lowty, Director ~$G'CoipOrate Avenue tspress. Carlfomfa 90630 -~ -- OO~~~~~~@ ?!,~X 1. 'itti;J'i CITY OF SAN S5\.~"O !lfV"'''''O~''-'. SCR'.r.ces oePAiU'UCNi 1. DTSC's comments dated AprilS, 2003, regarding the Notlce of Preparation }C1 (NOP) for a draft E1R have not been properly addressed In the currently . submitted draft E1R. . The InitialStucIy with the NOP states that some existing &ites InJhe.project areas may contain dis~edwaStes. It also states.that if a parcells suspected of containing underground Storage tanks and/or olher materials known to contain hazardous materials, a Phase I Site Assessment would be prepared by C2 a Registered EnvironmeritalASsessor and requirements for conducting Environmental Site Assessments on properties to be redeveloped will be discussed In the EIR. Hov.'ever, the draft E1R shows no additional cflSCUssions. 3. The draft EIR needs to. identify any known or potentially contaminated sites within the proposed Project area. For all Identified sites, the draft ErR should evaluate whether conditions at the site pose a threat to human health or the' environment. A Phase I Assessment may be sufficient to Identify these sites. Following are the databases of some of the regulatory agencies: 2. C3 e Pltuod Oo'l ~ p-,,- ____.___.........._.......:. J::."..nr'~t'..~ DupA~ _'0 J("\I~.WO~.... 7.C;"~1 .,.Q_"7._Jl""'" o o o . I Ms. Valerie Ross May 21,2004 Page 2 of 3 I . National Priorili~ List (NPl): A list is maintained by the United States I . Environmenrnl Protection Agency (U.S.EPA).. ! · CarSites: A Database primanly used by the California Department of Toxic Substances Control. l . Resource Conservation and Recovery Information System (RCRIS): A , database of RCRA faclillles that is maintaIned by U.S. EPA I . Comprehensive Environmenrnl Response Compensation and UabRity hiformatlon System (CERCUS): A database of CERCLA sites that Is mainf2ined by U.S.EPA. I I · I I Solid Waste Information System (SWIS): A databas~ provided by the . California Integrated Waste Management Board wl1ich consists of both open as well as closed and Inactive solid waste .dlsposal facilities and transfer stations. I I I . Leaking Underground Storage Tanks (lUST) I SpRls, Leaks, Investigations and Cleanups (SUC): A fISt that Is maintained by Regional Water Quality Control Board (RWQCB). I I . local County and City maintain lists for hazardous substances cleanup sites and leaking underground storage tanks. . Prior to ~proving the draft ErR, please address all of DTSC's comments. As the lead agency, it is your responsibi1ityto ensure that all of DTSC's CQfIcen;IS a~ properly . addressed. DTSC provides guidance for preparation of a Preliminary Endangerment Assessment (PEA), and cleanup oversight through, the Voluntary Cleanup Program evCP}. For . additional informatlon on the VCp, please visit DTSC's web site at www.dtsc.ca.oov. - DmI.'!JI -C3 }C4 S/C lI:lVd B80Str8CS0S'OI GPIB/DUld oupos ~D ^~'~'NO~d ~S'Ct ~8-~~-AVW o o o - II!mDI I Ms. Valerie Ross May 21, 2004 Page3of3 I ./fyou have any questions regaroing thIs letter, please contact Mr. Johnson P. Abraham, Project tanager, at (714) ~5476. Sincerely, 4 Greg Holmes ' Uriit ChIef Southern California Cleanup O.wratlons Branch Cyp1 Office ..' . '. . cc: Govemor's Office of Planning and Research State Clearinghouse ~.O. Box 3044 Sacramento. California 95812-3044 I Mr. GuentherW. Moskal, Chief P/aOlling and EnvlronmentalAn3/ysis Section CECA Tracking Center Department of Toxic SubstanceS Control P:O. Box.806 . sacramento, CaJifomia95812.,()8()6 iE:;/b R!JVd 0BBSIl'f3E60.tl'OI. SPIO/GUld oUPBS ~o ~~'~'NO~d ~9'EJ ~0-~~-AVN - o 1 I L.. ".OCU.TJ.I. INC. 'INAL RU. JUNa ,.U. U.TOWIVCU.T....L CITY NOaTH aJ.DJ.VELO.WEMT '.OJleT ""UtA. . J.' R.1...0NII TO OOW),UMT. 1 I . I RESPONSE TO LETTER C Califor~ia Department of Toxic Substance Control Responte to Comment Cl: The Notice of Prep.....tion (NOP) referenced by the commentor was prepared by the City and distributed on March 14, 2003, to the State Clearinghouse, responsible agencici, and other interested parties for a 30-<lay review period. This public review period extended from March 14 to April 14,2003. Subsequent to the initial distribution of the Initial Study (IS) and NOP, the CitY rermed. the proposed project to more appropriately focus the environmental document on the programmatic nature of the proposed project The discussion of potential hazardous material impacts'associated with the proposed project was similarly revised. .To ensLe adequate agency review of the 'changed character of the proposed projec~ the City redistri~uted an updated and revised IS and NOP to public agencies for a 30-<lay review that extended from February 18to March 18,2004. The Department of Toxic Substance Control (DTSC) did not provide1comments on the recirculated Initial StudyINOP. I . The following discussion is provided to ensure that the concerns expressed in t1ie agency's April 8, 2003 w\nmentletter are adequately addressed (numbering equates to the comment number included . in the A'pril 8, 2003 comment letter.) .1-5: lonlY the proposed site of the M~rcado Santa Fe retail development was recognized as having la potential for on-site hazardous materials. Prior 'to demolition' of structures andlor 'construction, the City will require a Phase I Site Assessment to determine the ~resencelabsence of hazardous materials. The remediation, removal, andlor disposal of any hazardous materials identified during the course of the Phase I Site Assessment will conform \0 applicable Federal, State, and local requirements; thereby. reducing potential impacts \elated to this issue to a less than significant level. I 1 IThe site-specific risks associated with other future development within the Redevelopment Project Areas cannot be sufficientliidentified at a program level. I . . 6: IThe required contents and prQcedures for preparation Qf an Initial Study are established under Section' I 5063 of.the State CEQA Guidelines. CEQA docs not mandate the use of a standard 'Initial Study Checklist Section 15063(1) states, "...public .agencies are free to devise their 'own format for an initial study.". The Initial Study Checklist has been determined by the City . ."" .\o.adequate\y fulfill the requirements established by CEQA. ," o 7-12: Future development within the Redevelopment Project Areas will be subject to City- and State-mandated standards relative to the identification, removal, and disposal of potentially hazardous building materials. This effort will result. from future project-specific CEQA review. o Response to Comment C2: The document reviewed by the DTSC is a "Program EIR,". which evaluates the hroad-scale impacts of the proposed reinstatement of eminent domain and other actions' described which, in total, cOnstitute the "projecf' under consideration. A Program EIR, addressing the impacts of policy decisions, such as those presently under consideration, can be thought of as a "first tier". document, evaluating the broad-scale impacts on the environmen! expected to result from the adoption or implementation of such decisions. Tiering refers to the concept of a multi-level approach r R;\CBD23l\FEIR\Scaioa 3.doc (6fISl2OO<4) 3-11 o I LI... AS.OCIA-TIES. IMe. JUIU. UU I nMAL ala U'TOWMI'Cl!.MT.AL CITY HORTHk.r.DlI:VELOPl,UMT I'ROJECT At.A 1.' .EU'OMIr: TO CO....r.KTI . o t~ prep!.nng environmental docuinents (CEQA Guidelines, Section 15152). A Program EIR does not typically address site-specific impacts that subsequent development projects permitted by the approvf:d policy decisions may have. CEQA requires every subsequent development project within the sc.lpe of a Program EIR to be evaluated at a later stage for its particular site-specific impacts.. These ;impacts are typically. encompassed in "second-tier documents," such as Supplemental or Subsequent EIRs, an Addendum to the Program ERor a (Mitigated) Negative Declaration, which typically evaluate the impacts of a single activity undertaken to implement some specific portion of I the overall plan. The Jpartment of Toxic Substances Control (DTSCl, together willi other Federal, State, and local agenCi~, administera comprehensive set of laws and regulations that has been developed to protect publiclhealth and the environment from accidental spills and releases. Compliance with these. . pro~, as in effect at the time, will ensure that there will be no significant adverse impact in the event ~f a spill or release associated with project operations. Tbe proposed project includes the reinstatement of eminent domain within the Redevelopment Project Areas, and a General Plan Amendment. These actions are not physical projects that would result in potential impacts associated with hazardous materials. Any future project initiated within the RPAs subsequent to the reinstatement of eminent domain would be subject to review by the City and the DTSC. RespoL to Comment . C3: H~dous or toxic materials transported in as~ociation with redevelopment projects (including the future proposed retail projeCt) may include items such as oils and fu~ls. All materials requircid during development and operation of businesses would be used and transp.lrted in coffipliance with all State and local regulations. Likewise, substances that would likely be used and stored by typical urban businesses would be in controlled environments in accordance. with elisling requirements of the County Department of Health or Fire Department, DTSC, South Coast ~ Quality Management District or other permitting agencies. Reinstatement of eminent domaiJ and the redevelopment of any properties in either project area would not alter the requirement of comPliance with all applicable regulations. SectioJ 2.4.1 (pages 2-7 and 2-8) of the Draft EIR recognizes the potential for hazardous materials within Ithe site of the proposed. Mercado Santa Fe retail development. Because of this potential hazardous material impact, a .Phase 1 Site Assessment will be required prior to the demolition of any structuks suspected to contain hazardous materials. The remediation, removal, and/or disposal of any hazardous materials identified during the course of. the Phase I Site Assessment will conform to applicable Federal, State. and lOcal requirements; thereby, reducing potential impacts related to this issue to a less than significant level. The site-specific risks associated with other future developinent within the Redevelopment' Project Areas cannot be sufficiently identified at a program level. Because no specific development will result from project actions without additional CEQA review incorporating appropriate studies of impacted structures, impactS related to the storage, transport, or disposal of hazardous wastes or the release of hazardous sobstances are considered less than significant at a programatic h;vel. o Response to Comment C4: It is the opinion of the City.that tll<~ response stated above adequately.c address DTSC's comments. The comments from DTSC, as well as the comments of others, will be considered in developing the Fmal EIR tllal will be used in tile decisioo whether to approve this project. CEQA requires the Lead Agency (in this case the City) to exercise independent judgment in determining the environmental impacts of a proposed project and in deciding whether to approve a project. . R:'CBD2l1\FEIR~ 3.dDC (611.512004) 3-12 o o c I JUN-07-04 14-13 FROH.CILy o~ SBdno Plng/Bldg I 10_S09:)846080 PACE San Berna. rdino Associated Governments. ~./': .. 1.72 N. AtT"""-'d A"""..... Son Bernardino, CA 92401-11.21 . r (/J.. . I'bonco, 1909I 8$.<-8276 """ l909l 88S-4407 Wob, ~."'nbog.""-gov .. . . Sonaea--d......eo....vyn...~eo.,..~, . $an~CcKdyT,u.........~,h6twxfty . SC:I'l ~,_~..... Countyeo.~1 1.tQnooe.,....1f AQiltocy . Sef'WooAlAhol1ty b: freeway c.l-v"'I"I""- I May 26, 2004 J Valerie Ros. Dc/>uty Dir-ectorlCity PIan__ City of San Bernardino . 300 North "[)" Slroet s.n 8emardino,CA 92418 . Ref . Uptown and Central City North ~elopmcnt Project A=. Draft E1R - Traffic rmpoct Analysis I SANBAG File No. 0400006 I Dear Ms. Ross: . nile yoo for the oppo<tunity to review and comment on the above referenced traffic impact report dated A~l 6, 2004 and revisions dated May 25, 2004. Our analysis indicates that with the replacement of a~hed Tables H, J, 1., N, R; and T, the study meets the. requm:ments.ofthe 2003 CMP. In Lee with your city's resolution adopling the L3nd Uselfr&u;:port>tion Analysis Program, the traffic study is to be made available to the Planning Commission and/or the City Council and Calrrans for iufOrmatioo regarding project impaas ro the CMP system of arterial stroel:s. . . I ... Should you have any questions or comments, please contact me or Andrea Zureick at (909) ~276. I . Sinc'erely, ...~~ ~v;::. . Prin~ipaI Transportation Analyst oorg@rnn\YJ~[Q) MAY27tolJ.\ arY <Jf SAN lSelllWlDtNO _sef\VICCS tlaWlTUEIIT . C/llec ~.lllg Ie<>'!<*e. Olino. Cl1Ino ..... COlIoo. fooIano. ~ re.oc.. He<POda. HigllIand.I.o<Do Ikm._ -... OnIOO>. _Cuoo..",,_I!l:dands.1llalo. San _. ~_ _. VocfoMlI<o. ~ bonIot:_ \'olI.y. 'IIx>oo......". C""'Y Of Son __ - II!mmII 1/' }01 }02 o o o - , . L'. .....OOU.T... IMC. JUNI "" . . I 'INA.L En UPTO.N/CUfT.....L OITY KoaTH ..ZDZVELO....HT PROJECT ,n..A. 1.1 ..I:IPON.. TO OO.......NT. I RESPONSE TO LElTER D San BJrnardino Associated Governments . 1 . .... Response to Comment Dl: The DEIR contains the Traffic Impact Analysis (flA) (April 6, 2(04) prepare1! by LSA Associates, Inc. While included as an appendix to the DEIR~ the TIA was submitted to the San Bernardino Associated Governments (SANBAG) and received a separate review. Based . on SANBAG rev.iew of the TIA, revisions to the document were made. Upon. revision of the TIA . . (May 25, 2004), SANBAG has determined the TIA meets the requirements of the 2003 Congestion . Management Program (CMP.) I ( The TIA and other technical studies/supporting data are included in Appendices A-F to the DEIR. These ~ppendices were provided in their entirety in a PDF formal Revisions to the Draft ErR resultin~ from revisions to the TIA are identified in Section 4 of the FEIR. Respote to Comment D2: As the TIAwas included as an Appendix to theDEIR, the TIA has been made atailable to the City, and Caltrans for review. . I R:\CBD231\fE1R\Secrion 3.doe (61IS12OO4) 3-14 o o o - . . I I I I. I The following section contains a set of addendum pages to the Draft EIR dated April 6, 2004. The .revisionl. identified in this section are the result of staff and public review, and are meant to provide clarification of the issues and to correct editorial and typographical errors that were discovered after circulation of the Draft EIR. The revisions cited in this section were found by the City of San Bernardino not to be substantial; therefore, the recirculation of the Draft EIR is not warranted. I . . In the following pages, headings describing the location of changes in the Draft EIR are underlined (i.e., Se~tion 4.1, page 4-1, paragraph I). Below this entry, are the revisions made to the Draft EIR. AdditiotJ. of text are noted by the double underlining of (lew text whereas deletions are shown as . . strikeout text (e14-te.<l). . I. Table 4.6C, page 4.6-10 I Table 4.6C - Year 2008 Without Project Intersection Levels of Service . 4.0 REVISIONS TO THE DRAFT EIR I Intersection Control P.M. Peak Rour V/C Delay LOS I. Peooer A venue/Rialto Avenue Signal 0.497 162 B 2. Rancho A venue/Rialto Avenue Signal 0.291 .15.4 B 3. Mount Vemon A venueJBaseline Street Signal M&;l 2W C I ~. Wi .. Mount Vemon A venueIFifth Street Signal 0.592 23.6 C . 5. Mount Vemon A venue/Second Street Sirnal 0.704 35.9 D 6. Mount Vernon A venue/RiaIto Avenue Signal 0.407 16.3 13 7. Mount Vernon A venueIMilI Street Si~nal 9.603 32.3 C 8. Viaduct Boulevard/Second Street TWSC 13.9 B 9. Oiavanola Avenue/Second Street TWSC 9.4 A 10. "L" Street!Third Street Intersection created bv omiect 11. "I." Street/Second Street TWSC 10.4 B 12. "K" Street!Third Street TWSC 10.6 B 13. "K" Street/Second Street AWSC 0.276 92 A 14: "1" Street!Third Street TWSC. 10.1 B IS. "]" Street/Second Street TWSC 11.4 B 16. 1-215 Southbound Off-Rampffhird Street Signal :(8# . .;!H C .!l11(i 22A 17. 1-215 Southbound On-Ramo/Second Street Signal 0.497 21.7 C 18. 1-215 Northbound On- irdStreet Signal 0.491 21.8 C 19. 1-215 Northbound OffRamplSecond Street Signal 0.613 21.9 C 20. "E" Street/Baseline Street Signal 0.538 14.2 13 21. "E" Street/Fifth Street Signal 0.528 17.8 B 22. "E" Slreet/Second Slreet Signal 0.668 33.5 C 23. "E" SlreellRialto Avenue Signal 0.471 22.7 C VlC = Volume/capacity ratio Delay"" Average control delay in seconds. At WlSignalized intersections., worst-case approach is reported. LOS "" Level of Service lWSC "" Two--Way Stop Control AWSC=AII.Way StopCoolrol R:\CBD2J1\FEIR\Section 4.doc(611512004) 4-1 o o o I L... ,uaOCU.Tlla. INC. JUNIl"" I I "'I PINALlln UPTOWNJ'CI.NT."L CITY NOIlTH I.I.DI!V.LO.....NT ".OJI!CT ...1l.A. jI.' ..r.VUIOIU TO Tn!. bl.....T IlII. . I Table 4.6E, page 4.6-13 . . I Table 4,6.E - Year 2025 Witbout Project Intersection Levels or Service I P.M. Peak Hour IntersectioD Cootrol vie Delav LOS 1. p;;;;;;;;r A venuelRialto Avenue Sional 0.678 19.2 B 2. Rancho A venuelRialto Avenue Si""al 0.520 17.5 B ~ 3. Mount V croon A venue/Baseline Street Sign.1 o.64l 23.8 C . 0.65.4 24.6 . Mount Vernon Avenue/Fifth Street Sional 0.663 243 C 5. . Mount Vernon A venue/Second Street Sivnal 0.761 39.5 D 6. Mount V croon A venueIR.ialto Avenue Sivnal 0.586 18.2 B 7. Mount V croon A venueIMiII Street Sivnal 0.790 393 D 8. Viaduct Boulevard/Second Street TWSC 45.0 E' Gi.vanol. A venue/Second Street TWSC 9.4 A 10. "L ",StreetfThird Street Intersection created bv Droiecl 11. "L~StreeVSecondStreet TWSC 10.4 B 12. "K1 Street!Third Street TWSC 16.0 C 13. "K" Street/Second Street AWSC 0.369 9.9 A 14. "1" StreetfThird Street TWSC 12.5 B 15. "1" Street/Second Street TWSC 15.9 C 16. 1-215 Southhound OfI-Rampffilird Street Sign.1 ~ ~ C . o:ill. 2~ 17. 1-215 Southhound On-Ramo/Second Street Si.nal 0.997 44.3 D 18. 1-215 Northhound On-RamDffhird Street Sirnal 0.591 24.7 C 19. 1-215 Northhound OfIRamD/Second Street s1.11.1 0.870 29.0 C 20. "E".StreetJBaseline Street Si"".1 0.613 16.2 B 21. "E"..Street/Fifth Street Sivn.l 0.726 21.5 C ~ "E",Street/Second Street Sivnal 0.869 44.1 D "E"..Street!R..ialto.A venue Si2Dal 0.778 26.0 C I .Exceeds level of service standard Vie c Volume/capacity ratio Delay = Average conlrol delay in seconds. At unsignalized intersections. worst-case approach is reported. WS '" Level of Servtcci . ..1WSC-TW<>-WayStopControl AWSC =AJI-Way Stop Control R:\CBD23I\FElR\Scctioo 4.doc(6fISIl004) 4-2 o o o I L.. AIIOOIA.TIl'. INa. JU.. Uta t I - ,.nUL-UI. urTOWM.tallMTLU. CITY "OI.TU I.IlPIlYllLO,WI.MT .aOJIlCT ...I.I.A ... 1.1."'1110.' TO THIl >>kUT .11. I Table 4.68, page 4.6-21 . I. . Table 4.6.8- Year 2008 Witb Project Intersection Levels or Service I Intersection Control r.M.: reak Hour V/C Delay LOS I. Pepper A veuuelRialto Avenue STlrnal 0511 16.6 B 2. Rancho A venueIRialto A venue simal 0309 15.4 B 3. Mount Veroon A venue/Baseline Street Signal M9I- ;g.o C 1 Q.601 ill 4. Mount Vernon AvenuelFifth Street Simal 0.608 23.7 C 5. Mount Vernon A venue/Second Street Sil'ruli 0.808 44.2 D 6. Mount Vemon A venuelRialto Avenue .si.mai 0.426 16.6 B 7. Mount Vernon AvenueIMiII Street sf.;;aJ 0.616 33.0 C 8. Viaduct Boulevard/Second Street Ceases to Exist 9. Station Way/Giavanola Avenue/Second Street TWSC .14.9 B 10. "L ~ StreetlThird Street TWSC 125 B II. "L'~ Street/Second Street TWSC 68.4 F* .:. with milif!ation - . Si<mn/ 0.295 11.0 B 12. "K~ Streel/fhird Street TWSC 21.4 C 13. "K" Street/Second Street AWSC 0391 10.5 B 14. "f' Streel/fhird Street TWSC 13.1 B 15. "f' Street/Second Street TWSC >300 F' :! with mitip'ation - SifTfla/ 0.521 23./ C 16. 1-215 Southliound OtT-RampfThird Street Signal Ml3 i!Ul C I. !liB :ill) 17. 1-215 Southbound On-Ramo/Second Street Sif!llill 0.620 20.7 C 18. 1-215 Northbound On-RamofThird Street Si.nal 0.669 28.0 C 19. 1-215 Northbound OtTRamn/Second Street si'llal 0.630 22.3 C 20. "E'! StreetIBaseline Street SiPTlal 0.550 14.4 B 21. "E~ SlreetIFifth Street SiPTl.1 0.540 17.9 B 22. "E', Street/Second Street SiPTl.I 0.680 33.9 C 23. "E~ SlreetlRialto Avenue Sil'ruli 0.490 22.8 C . Exccods level of service staidard VIe;.. Volume/capacity ratio Dela~ = Average control dday in semnds. At unsigna.lized interSOCtions. worst-case approach is fq)Orted. . LOS c: Level ofSefvice . .1WSC = Two-Way Stop Control AWSC = AlI.Way Stop Control R:\CBD231\FEJR~on 4.doc (6JISI2004) 4-3 o. o o L..... ......OOIAT... rNC. JUMI :at..~ I . PINAL I.... UPYOWNJ'CIIfTI.A.L CITY ItOaTH ..J:PI:YIILO.....NT '''OJ.CT ...1.1:.... .1.1 ....VIIIOK' TO Tn.!: DIlAFT .... I j Table 4.6J, page 4.6-25 . I . Table 4.6.J - Year 2025 With Project Intersection Levels or Service I IntersutioD Control P.M. Peak Hour V/C Delav LOS I. Pepper AvenudRialto Avenue Sirnal 0.690 19.5 B 2. Rancho A venudRialto Avenue Sirnal 0.537 17.7 B 3. Mount V croon A venueIBaseline Street Signal M49 ~ C . !l.661 :M.1 4. Mount Vernon AvenuelFifth Street s11maI 0.679 24.6 C 5. Mount Vernon A venue/Second Street Silmal 0.854 49.4 D 6. Mount Vernon A venudRialto Avenue Simal 0.603 18.4 B .7. Mount Vernon AvenueIMiII Street Si<mal 0.802 40.6 D 8. Viaduct Boulevard/Second Street Ceaser to Exist 9. Station Wav/Giavanola Avenue/Second Street TWSC >300 po 4. with mit;"ation - Si<mal 0.858 37.7 D 10. uL" StreetfIltird Street TWSC .14.5 B II. "L n Street/Second Street TWSC .116.7 p' 1- with milif!orion w Simal 0.308 10.1 B 12. "K" StreetIThird Street TWSC 44.9 E* 1- with mitil(ation - - TWSC 27.0 D 13. "K" Street/Second Street AWSC 0.488 11.6. B 14. "J" StreetlThird Street TWSC 16.5 C 15. ''In Street/Second Street TWSC >300 p~ 1- with mitil(ation - Si<mal 0.520 24.0 C 16. 1-215 Southbound Off-RamplThird Street Signal M49 394 D I M62 4.Li 17. 1-215 Southbound On-RamP/Second Street Signal 1.039 49.6 po 4- with mitif!ation - - Simal 0.840 32.1 C 18. 1.215 Northbound On-RamolI11ird Street Sirnal 0.786 29.9 C 19. 1-215 Northbound Off RamP/Second Street Si.nal 0.887 29.6 C 20. "En Street/Baseline Street Si.nal .0.624 16.4 B 21. "E" StreetIFifth Street Sirnal 0.738 21.6 C 22. "E" Street/Second Street Sirnal 0.899 46.5 D 23. "En StreetlRialto Avenue Si.nal 0.796 26.5 C . Exceeds level of service standard VIe = Volurndcapacity ratio Delay"" Average control delay in seconds. At unsignaJized intersections, worst-<:ase approacl1 is reported. WS = level of SelVice lWSC=T\V1.rWay Stop Control A WSC:::: All-Way Stop Control R:\CBD23I\FEIR\Sedion .c.doc (6/1512004) 4-4 o o o L'.A. A...OO.AT.... nce. .JU'" It.~ rU'il IIU. UI'YOWM/QI!NTRA.L alTY MoaTH IlI.Dl!.vaLO,.,t:MT ""OJECT .....1:04. t.' I!.VI.ION, TO THI!: D....'T .1. " .1 Section 7.0, page 7-1 . I Delete the references to the following reports: . I .. RepOrl 16 the UllJ'8Y and Common C8Il/'leil, 2()()3 Eminent DON/ain Amendment, CentNJ! City I,Vor1h Redevelopment P/'ojeet, Rosono'N, Spovacok Grou~ , I RepoFt.tiJ the Uf1)'8Y and CamIllo" Council, 2()()3 Eminent Domaill ,1melldme;l: Uptown Rede'lelopment Project, Rosonow, Spo'/Beok Group, Ino., July2g93. I ! Appen.diI F, Traffic Impact Analysis I Revisions to Tables H, J, L, N, R, and T as reflected by the changes made to Tables 4.6C, 4.6E, 4.6H and 4.6J in the DEIR. The Level of Service worksheets from which the ..revisions to Tables H, J, L, N, Rand T were derived were revised. . R:\CBD2J I\FEIR\Scdioo 4.doc (61ISnOO4) 4-5 o o o . I . 5.0 MITIGATION MONITORING PLAN TIlls mitig,monJ.onitoring plan h3s been prepared for use in implementing certain of the conditions of approval for: . I. . . UptownlCejtral City North Redevelopment Project Area '. The prognun has1been prepared in compliance with Stale law and the Environmental Impact Report ("EIR") (SCH No. 2003031072) pre\mred for the project by the City San Bernardino. . . , . . I ~ . The Califomia Environmental Quality Act requires adoption of a reporting or monitoring prognun for those measures . . placed on a project to mitigate or avoid adverse effects on the environment (Public Resource Code Section 21081.6) The . law states that th~ reporting or monitoring progranl shall be designed to ensure compliance during project implementation. . The monitoring Jrognun contains the following elements: . . . I The mitigation measures are recorded with the action and procedure necessary to ensure compliance. In some instances, one action may be used to verifY implementation of several mitigation meaSures. I' . A procedure for compliance and verification has been outlined for each action necessary. 1his procedure designa4s who will take action, what action will be taken and when, and to whom and when compliance will be reported: The proL has been designed to be flexible. 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JULY 2004 REOEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO - EXHIBIT-2 - CENTRAL CITY NORTH REDEVELOPMENT PROJECT REPORT TO MAYOR AND COMMON COUNCIL o o o I AMENDED AND RESTATED REDEVELOPMENT PLAN FOR THE CENTRAL CITY NORTH REDEVELOPMENT PROJECT . . SECTION A. I (1) Thislis the Amended and Restated Redevelopment Plan for the Central City North Redevelopment Project (the "Plan"). The redevelopment project area for the Central City Rede~elopment Project (the "Project Area") is located in the City of San Bernardino, CouJty of San Bernardino, State of California. I The Plan consists of the text of Section A through Section J and the following exhibits: I Exhibit "A" Map of Project Area; Exhibit "B" Legal Description of Project Area; . I Exhibit "c" Statement of existing projects, programs and activities and existing obligations pursuant to Health and Safety Code Section 33334.6, including a copy of Commission Resolution No. 4830, dated December 23, 1985. A prior version of the Plan was originally adopted by Common Council Ordinance No. 3366~ dated Augnst6, 1973. The Plan has been amended by the following ordinances of the Common Council: . (i) Ordinance No. MC-561, dated December 8, 1986; (ii) Ordinance No. MC-719, dated April 2, 1990; .ciii) Ordinance No. MC-nO, dated December 19, 1994; I (iv) Ordinance No. MC-1154, dated December 1,2003; and (v) Ordinance No. MC-_, dated ,2004; No amendment to the Plan has added lands to the Project Area originally established under Common Council Ordinance No. 3366. The amendments to the Plan referenced under (i) and (ii) in the preceding paragraph were technical amendments mandated by State Law to add certain provisions or limitations of Agency powers under the Plan. The amendment to the Plan referenced under (iii) in the preceding paragraph adjusted the limit to the total amount of tax increment revenues to be allocated to the Agency under the Plan. The amendment to the Plan referenced under (iv) in the preceding paragraph authorize the Agency to incur indebtedness through the termination date of the Plan (e.g., August 6, 2013). The amendment to the Plan referenced under (v) in the preceding paragraph: (A) reinstated the eminent domain power of the Agency in the Project Area 4822-70I3~576.1 o o o - through the termination date of the Plan (e.g., August 6, 2013); (B) deleted certain provisions of the Plan as originally adopted by Common Council Ordinance No. 3366 deali'ng with special development project design standards applicable solely within the projkt Area, so that the land use, land development and building reuse and rehabilitation standards and regulations of the City shall be applicable to the Project Area without regJd to the special development project design standards set forth in the Plan as . originally adopted by Common Council Ordinance No. 3366; and (C) conformed the provisions of the Plan as originally adopted by Common Council' Ordinance No. 3366 . relating to replacement housing and housing opportunities for persons and households of low-lmd moderate-income, to the California Community Redevelopment Law in effect at the time of such amendment. (2) This:Plan has been prepared by the Community Development Commission of the City of San Bernardino ("Commission") pursuant to Health and Safety Code Section 33000, et ~. :(the "Redevelopment Law") and all applicable laws and ordinances. It does not present a specific plan for the redevelopment, rehabilitation and revitalization of any area within the Project Area. Instead the Plan establishes a process and framework within . which specific redevelopment improvement activities will be presented, priorities for specific activities will be established, and specific solutions will be proposed and by which tools are provided to the Commission to fashion, develop and proceed with such . specific activities, projects and solutions. I The jrollowing definitions will be used generally in the context of this Plan unless otherwise specified herein: . . "Agency" means and refers to the Redevelopment Agency of the City of San Bernardino. . "Commission" means the Community Development Commission of the City of San Bernardino. The Commission is the governing board of the Agency. . "City" means the City of San Bernardino, California. . "Common Council" means the Common Council of the City, the legislative body of the Agency. . "Disposition and Development Agreement" means an agreement between a developer and the Agency that sets forth terms and conditions for improvement and redevelopment. . "General Plan" means the General Plan of the City as provided for in Section 65300 ofthe California Government Code. . "Map" means the Map of the Project Area attached hereto as Exhibit "A". 4822.7013.{;576.1 2 o o o - . I "Method of Relocation" means the methods or plans adopted by the Commission . pursuant to Section 33411 of the Redevelopment Law for the relocation of I families, persons, businesses, and nonprofit local community institutions to be temporarily or permanently displaced by actions of the Commission. . "Owner Participation Agreement" means an agreement between the Agency and a property owner or tenant that sets forth terms and conditions for improvement and redevelopment. . I "Owner Participation Rules" means the Rules Governing Participation and Reentry Preferences by Property Owners, Operators of Businesses, and Business Tenants for the Project Area. . . "Person" means an individual(s), or any public or private entities. . : "Plan" means the amended Redevelopment Plan for the Central City North I Redevelopment Project. The list of amendments to the Plan is set forth in the first paragraph of Section A(l) of the Plan. . "Project Area" means the redevelopment project area as more particularly described in City Council Ordinance No. 3366 which originally established the territorial boundaries of the Project Area. The provisions of the Plan are applicable to the Project Area. . "Redevelopment Law" means the California Community Redevelopment Law (Health and Safety Code, Sections 33000, et seQ.). . "State" means the State of California. SECTION B. PROJECT AREA BOUNDARIES The boundaries of the Project Area are illustrated on the Map attached hereto and incorporated herein as Exhibit "A". The legal description of the boundaries of the Project Area is as described in Exhibit "B" attached hereto and incorporated herein. SECTION C. REDEVELOPMENT PLAN GOALS (1) Implementation of this Plan is intended to achieve the following goals: (i) Implement the policies, goals, objectives and strategies as presented III the General Plan for the City. (ii) Eliminate and prevent the spread of conditions of blight, including but not limited to: underutilized properties and deteriorating buildings, incompatible and uneconomic land uses, deficient infrastructure and facilities, obsolete structures, 4822-7013-6576.1 3 o o o (iii) (iv) parking deficiencies and other economic deficiencies, 'in order to create a more favorable environmental for commercial, office, and residential development. Provide opportunities for retail and other non-residential commercial and office uses. Promote the economic development of the Project Area by providing an attractive, well-serviced, well-protected environment for residents and visitors. (v) I Improve public facilities and public infrastructure to provide adequate infrastructure facilities and public services. (vi) I Promote local job opportunities in the community. (vii) I I I (viii)' I Encourage the cooperation and participation of residents, businesses, business persons, public agencies, and community organizations in the economic revitalization ofthe Project Area. Implement design and use standards to assure high aesthetic and environmental quality, and provide unity and integrity to developments within the Project Area. (ix) I Provide and regulate the provision of the supply of off-street motor vehicle parking to meeting the needs of both residents and commercial businesses. (x) I Remove impediments to land disposition and development through the assembly of property into reasonably sized and shaped parcels served by improved I . infrastructure and public facilities. (xi) Recycle and/or develop underutilized parcels to eliminate blight and accommodate higher and better economic uses while enhancing the City's I financial resources. (xii) Increase home ownership in the residential portion of the Project Area. (xiii) Increase, improve, and preserve the supply of housing. SECfION D. REDEVELOPMENT ACTIONS (I) The Agency proposes to eliminate and prevent the recurrence of blight and improve the economic base ofthe Project Area by: (i) 4822.701J-{;576.\ Acquiring, installing, developing, constructing, reconstructing, redesigning, planning, replanning, or reusing streets, curbs, gutters, sidewalks, traffic control devices, utilities, flood control facilities and other public improvements and public facilities; 4 0 . (ii) I (iii) I (iv) Rehabilitating, altering, remodeling, improving, moderIDzing, clearing, or reconstructing buildings, structures and improvements; Rehabilitating, preserving, developing or constructing affordable housing III compliance with State law; Providing the opportunity for business owners and business tenants presently located in the Project Area to participate in redevelopment projects affecting commercial use properties and programs, and extending preferences to business occupants to remain or relocate within the redeveloped Project Area; (v) Providing relocation assistance to displaced residential and nonresidential occupants, if necessary; (vi) (vii) I (viii)' . 0 (ix) (x) i (xi) I (xii) I Facilitating the development or redevelopment of land for purposes and uses consistent with this Plan; Acquiring real property by purchase, lease, gift, grant, request, devise or any other .lawful means (including eminent domain), after the conduct of appropriate hearings; Combining parcels and properties where and when necessary; Preparing building sites and constructing necessary off-site improvements; Providing assistance for first-time homebuyers, housing rehabilitation, and multiple-family rental property rehabilitation programs; Managing property owned or acquired by the Agency; Assisting in procuring financing for the construction of residential, commercial, and office buildings to increase the residential and commercial base of the Project Area, and the number of temporary and permanent jobs in the City; (xiii) Disposing of property including, without limitation, the lease or sale of land at a value determined by the Agency for reuse in accordance with this Plan; (xiv) .1 (xv) o Establishing controls, restrictions or covenants running with the land, so that property will continue to be used in accordance with this Plan; Vacating or abandoning streets, alleys, and other thoroughfares, as necessary, and dedicating other areas for public purposes consistent with the objectives of this Plan; (xvi) Providing replacement housing, if any is required; 4822-7013-6576.1 5 o o o - . (xvii) Applying for and utilizing grants, loans and any other assistance from federal or I State governments, or other sources; I 1 (xviii) Taking actions the Agency determines are necessary and consistent with State, I federal and local laws to make structural 'repairs to buildings or structures, including historical buildings, to meeting building code standards related to seismic safety. . . (IXX) Taking actions the Agency determines are necessary and consistent with State, I federal and local laws to remedy or remove a release of hazardous substances on, under or from property within the Project Area or to remove hazardous waste from property. (xx) From time to time preparing and carrying out plans for the improvement, rehabilitation, and redevelopment of blighted areas, disseminating redevelopment information and creating a variety of economic development programs which will help build a stronger economic base within the Project Area. An Agency program may consist of assisting businesses with the following: advertising in brochures, promoting trade fairs, creating displays, developing videos, and any other appropriate media which will attract other businesses and consumers to the area. The Agency may also assist with job training programs, moving expenses, and providing other incentives to attract industrial type businesses to the area such as tax credits; .1 (XXI) I Assisting businesses in the Project Area with fayade improvements and general rehabilitation by providing loans and grants; I (xxii) Cooperating with the City to accomplish any of the foregoing goals. I To accomplish these actions and to implement this Plan, the Agency is authorized to use the ~owers provided in this Plan, and the powers now or hereafter permitted by the Red~velopment Law and any other State law. (2) The Agency may acquire real property, any interest in property, and any improvements on it by any means authorized by law including, without limitation, by gift, grant, exchange, purchase, cooperative negotiations, lease, option, bequest, devise or eminent domain. To the extent required by law, the Agency shall not acquire real property on which an existing building is to be continued on its present site and in its present form and use without the consent of the owner, unless: (I) such building requires structural alteration, improvement, modernization or rehabilitation; or (2) the site or lot on which the building is situated requires modification in size, shape or use; or (3) it is necessary to impose upon such property any of the standards, restrictions and controls of this Plan and the owner 'fails or refuses to participate in the Plan by executing an Owner Participation Agreement. 4822.7013-6576.\ 6 o o o - ExcePt as otherwise provided herein, or otherwise provided by law, no eminent domain proceeding to acquire property within the Project Area shall be commenced after the termination date of this Plan. (3) ACQJisition of Personal Property WheJe necessary in the implementation of this Plan, the Agency is authorized to acquire pers6nal property in the Project Area by any lawful means. O I P .. . wner artlcmal10n I - I This ;Plan provides for participation in the redevelopment of property in the Project Area by the owners of all or part of such property if the owners agree to participate in the . redevelopment in conformity with this Plan. (4) OppJrtunities to participate in the redevelopment of property in the Project Area may inclulle without limitation the rehabilitation of property or structures; the retention of impr~vements; the development of all or a portion of the participant's property; thc acquisition of adjacent or other properties from the Agency; purchasing or leasing . properties in the Project Area; participating with developers in the improvement of all or a portion of a participant's properties; or other suitable means consistent with objectives and ~roposals of this Plan and with the Agency's rules governing owner participation and . re-entry. . In a'ddition to opporturul1es for partiCipation by individual persons and firms, participation, to the extent it is feasible, shall be available for two or more persons, firms or inhitutions, to join togethcr in partnerships, corporations, or other joint entities. I The ,^,gency desires participation in redevelopment activities by as many owners and busiJess tenants as possible. However, participation opportunities shall necessarily be subjJct to a number of factors, including but not limited to the expansion of public utilities or facilities; elimination and changing of land uses; realigrunent of streets; the ability of the Agency and/or owners and business tenants to finance acquisition and development activities in accordance with this Plan; and whether the proposed activities conform to and further the goals and objectives of this Plan. (5) Reentry Preferences for Persons Engaged in Business in the Proiect Area The Agency shall extend reasonable preferences to persons who are engaged in business in the Project Area to relocate and reenter in business in the redeveloped area, if they otherwise meet the requirements prescribed by this Plan and the Agency's Owner Participation Rules. (6) Owner Participation Agreements 4822-7013-6576.1 7 o o o I Under an Owner Participation Agreement, the participant shall agree to rehabilitate, develop, or use the property in conformance with this Plan and be subject to the provisions hereof. Pursuant to the Owner Participation Agreement, participants who relaid real property shall be required to join in the recordation of such documents as are nece~sary to make the provisions of this Plan applicable to their properties. In th~ event a participant breaches the terms of an Owner Participation Agreement, the Age~cy may declare the Agreement terminated and may acquire the real property or any . interest therein, and may sell or lease such real property or interest therein for reha~ilitation or development in accordance with this Plan. If conflicts develop between the desires of participants for particular sites or land uses, the Agency is authorized to . establish reasonable priorities and preferences among the owners and tenants. . . I Where the Agency determines that a proposal for participation is not feasible, is not in the best !interests of the Agency or City, or that redevelopment can best be accomplished without affording a partiCipant an opportunity to execute an Owner Participation . . Agreement, the Agency shall not be required to execute such an agreement. I . (7) Implementing Rules I . . The provisions of Section 0(4) - (6) of this Plan shall be implemented according to the Owner Participation Rules adopted by the Agency. The Owner Participation Rules allow for Owner Participation Agreements with the Agency. The Owner Participation Rules may;be amended from time to time as set forth therein by the Commission. I (8) Cooperation with Public Bodies I Certain public bodies are authorized by State law to aid and cooperate, with or without . consideration, in the planning and implementation of activities authorized by this Plan. The IAgency shall seek the aid and cooperation of such public bodies and shall attempt to coo;dinate the implementation of this Plan with the activities of such public bodies in order to accomplish the purposes of redevelopment and to achieve the highest public good. The Agency is authorized to acquire real property devoted to public use, but property of a public body shall not be acquired without its consent. The Agency shall seek the cooperation of all public bodies, which own or intend to acquire property in the Project Area. All plans for development of property in the Project Area by a public body shall be subject to Agency approval. The Agency is authorized, to the extent permissible by law, to financially (and otherwise) assist public bodies in the cost of public land, buildings, facilities, structures or other improvements (within or outside the Project Area) where such land, buildings, facilities, structures, or other improvements are of benefit to the Project Area: 4822.7013-6576.1 8 o o o (9) (10) (11) . Property Management I Duri~g such time as property, if any, in the Project Area is owned by the Agency, such prophty shall be under the management and control of the Agency. Such properties may be re~ted or leased by the Agency pending their disposition. I P. IT' A . avrnents to axIng genCleS I The !Agency may pay, but is not required to pay, in any year during which it owns property in the Project Area that is tax exempt, directly to any City, County or district, inclJding, but not limited to, a school district, or other public corporation for whose benefit a tax would have been levied upon such property had it not been tax exempt, an amoirnt of money in lieu of taxes that may not exceed the amount of money the public enti~ would have received if the property had not been tax exempt. Relo~ation of Persons Displaced bv a Proiect I In Jccordance with the provisions of the California Relocation Assistance Law (Go~emment Code Section 7260, et ~.), the guidelines adopted and promulgated by the California Department of Housing and Community. Development (the "Relocation Guidelines") and the specific method of relocation adopted by the Agency prior to the acqJisition of any land for a project which displaces a significant number of persons, the Age~cy shall provide relocation benefits and assistance to all persons (including families, business concerns and others) displaced by Agency acquisition of property in the Project Area or as otllerwise required by law. In order to carry out a redevelopment project with a minimum of hardship, the Agency will assist displaced households in finding decent, safe' and sanitary housing within their financial means and otherwise suitable to their . needs. The Agency shall make a reasonable effort to relocate displaced individuals, . . families, and commercial and professional establishments within the Project Area. The Agency is also authorized to provide relocation for displaced persons outside the Project Area. (12) Demolition and Clearance (13) The Agency is authorized, for property acquired by the Agency or pursuant to an agreement with the owner of property, to demolish, clear or move buildings, structures, or other improvements from any real property as necessary to carry out the purposes of this Plan. Public Improvements To the extent permitted by law, the Agency is authorized to install and construct or to cause to be installed and constructed the public improvements and public utilities (within or outside the Project Area) necessary to carry out the purposes ofthis Plan. Such public improvements include, but are not limited to: over and underpasses; bridges; streets; curbs; gutters; sidewalks; street lights; sewers; storm drains; traffic signals; electrical 4822.7013-6576.1 9 o o (14) (15) (16) o - . \ distribution systems; natural gas distribution systems; cable TV systems; water distribution systems; parks; plazas; playgrounds; motor vehicle parking facilities; ped~trian improvements, or other improvements allowed by Redevelopment Law. All . utility improvements will be completed pursuant to Chapters 12.40 and 12.44 of the San Bern'ardino Municipal Code. . I The 1gency, as it deems necessary to carry out the Plan and subject to the consent of the I . Common Council, may pay all or part of the value of the land for and the cost of the . installation and construction of any building allowed by Redevelopment Law, facility struJture or other improvement which is publicly owned either within or outside the projkt Area, upon both the Agency and the Common Council making the applicable detelminations required pursuant to the Redevelopment Law. whl the value of such land or the cost of the installation and construction of such building, facility, structure or other improvement, or both, has been, or will be, paid or . provided for initially by the City or other public corporation, the Agency may enter into a conti-act with the City or other public corporation under which it agrees to reimburse the City;or other public corporation for all or part of the value of such land or all or part of the cost of such building, facility, structure or other improvements, or both, by periodic pa~ents over a period of years. Any obligation of the Agency under such contract shall cons\itute an indebtedness of the Agency for the purposes of carrying out this Plan. I PreParation of Building Site . The ~gency may develop as a building site any real property owned or acquired by it. In conJection with such development it may cause, provide, or undertake or make proJisions with other agencies for the installation, or construction of streets, utilities, par~, playgrounds and other public improvements necessary for carrying out this Plan in the Project Area. I Redoval of Hazardous Substances r To the extent authorized under the Redevelopment Law, the Agency may take any actions that the Agency determines are necessary and which are consistent with other State and federal laws, to remedy or remove a release of hazardous substanceS on, under, or from property within the Project Area. For the purposes of this Section D(15) the words "hazardous substance" means and refers to any material or substance defined as a "hazardous substance" under Section 33459(c) of the Redevelopment Law. Rehabilitation and Conservation The Agency is authorized to rehabilitate and conserve, or to cause to be rehabilitated and conserved, any property, building or structure in the Project Area owned by the Agency. The Agency is also authorized to advise, encourage, and assist (through a loan program or otherwise) in the rehabilitation and conservation of property, buildings or structures in the Project Area not owned by the Agency to the extent permitted by the Redevelopment 4822-7013-6576.1 10 - Law.l The Agency is authorized to acquire, restore, rehabilitate, move and conserve . buildings of historic or architectural significance. . It is ~e purpose of this Plan to allow for the retention of as many existing businesses as practicable and to enhance the economic life of these businesses by a program of voluAtary participation in their conservation and rehabilitation. The Agency is authorized to cohduct a program of assistance and enforcement to encourage property owners within . the I70ject Area to upgrade and maintain their prop~rty consistent with this Plan and such standards as may be developed for the Project Area. I The 'extent of rehabilitation in the Project Area shall be subject to the discretion of the Age~cy based upon such objective factors as: I a. Compatibility of rehabilitation with land uses as provided for in this Plan. o b. c. d. 0 e. f. Economic feasibility of proposed rehabilitation and conservation activity. Structural feasibility of proposed rehabilitation and conservation activity. The undertaking of rehabilitation and conservation activities in an expeditious manner and in conformance with the requirements of Ulis Plan and such property rehabilitation standards as may be adopted by the Agency. The need for expansion of public improvements, facilities and utilities. The assembly and development of properties in accordance with this Plan. The Agency may adopt property rehabilitation standards for the rehabilitation of properties in the Project Area. (17) Moving of Structures As necessary in carrying out this Plan, the Agency is authorized to move, or to cause to . be moved, any building, structures or other improvements from any real property acquired which can be relocated to a location within or outside the Project Area, and rehabilitated. (18) Seismic Repairs For any project undertaken by the Agency within the Project Area for building rehabilitation or alteration in construction, the Agency may, be following all applicable procedures which are consistent with local, State and federal law, take those actions which the Agency determines are necessary to provide for seismic retrofits. o 4822-7013-6576.1 \1 o (19) o (20) o I Real Propertv Disposition and Development I I For the purposes of this Plan, the Agency is authorized to sell, lease, exchange, subdivide, transfer, assign, pledge, encumber by mortgage or deed of trust, or othelWise dispo\e of any interest in real property. To the extent permitted by law, the Agency is authJrized to dispose of real property by negotiated sale or lease without public bidding. Except as otherwise permitted by law, before any interest in property of the Agency acquired in whole or in part, directly or indirectly, with tax increment moneys is sold or leas~ for development pursuant to this Plan, such sale or lease shall be first approved by the Cornmon Council after public hearing. I Exce~t as othelWise permitted by law, no real property acquired by the Agency, in whole or in'part, directly or indirectly, with tax increment, or any interest therein, shall be sold or Iel.sed for development pursuant to the Plan for an amount less than its fair market valuJ, or the fair reuse value at the use and with the covenants, conditions and development costs authorized by the sale or lease. I Unless othelWise permitted by law, the real property acquired. by the Agency in the I . Project Area shall be leased or sold, except property conveyed by the Agency to the co~unity or any other public body. Any such lease or sale shall be conditioned on the redetelopment and use of the property in conformity with the Plan. Real Property may be c~nveyed by the Agency to the City, and where beneficial to the Project Area, to any othe: public body with charge or for an amount less than fair market value. I All purchasers or lessees of property from the Agency shall be obligated to use the propbrty for the purposes consistent with this Plan, to begin and complete the impr~vement of such property within a period of time which the Agency fixcs as reas~nable, and to comply with other conditions which the Agency deems necessary to carr; out the purposes of this Plan. During the period of redevelopment in the Project Area, the Agency shall ensure that all provisions of this Plan, and other documents formulated pursuant to this Plan, are being observed, and that development of the Project Area is proceeding in accordance witli . applicable development documents and time schedules. ..-" All development, whether public or private, must conform to this Plan and all applicable federal, State, and local laws, including without limitation the City's planning and zoning ordinances, building, environmental and other land use development standards. Such development must receive the approval of all appropriate public agencies. Purchase and Development Documents To provide adequate safeguards to ensure that the provisions of this Plan will be carried out and to prevent the recurrence of blight, all real property sold, leased, or conveyed by the Agency, as well as all property subject to Owner Participation Agrecments, shall be made subject to the provisions of this Plan by leases, deeds, contracts, agreements, 4822-7013-6576.\ 12 o o (21) (22) o ~ decl!rations of restrictions, provisions of the planning and zoning ordinances of the City, . ' conditional use permits, or other means. Where appropriate, as determined by the AgeAcy, such documents or portions thereof shall be recorded in the office of the RecJrder ofthe County. I Leas'es, deeds, contracts, agreements, and declarations ofrestrictions of the Agency may cont~in restrictions, covenants, and covenants running with the land, rights of reversion . by the owner, or any other provisions necessary to carry out this Plan. I ThelAgency shall reserve such powers and controls in Disposition and Development Agreements or similar agreements as may be necessary to prevent transfer, retention, or use h property for speculative purposes and to ensure that redevelopment is carried out pursLant to this Plan. I Thel Agency shall obligate purchasers and lessees of real property acquired in redevelopment projects and owners of property improved as part of a redevelopment proj~t to refrain from discrimination or segregation based upon race, color, creed, reliiion, national origin, ancestry, sex, or marital status in the sale, lease, sublease, tranSfer, use occupancy, tenure or enjoyment of property in the Project Area. All pro~erty sold, leased, conveyed, or subject to Disposition and Development Agreements shall be expressly subject by appropriate documents to the restriction that all deeds, leas~s, or contracts for the sale, lease, sublease or other transfer of land in the Project Are: shall contain such nondiscrimination and non-segregation clauses as are required by law.1 . Pers~nal Property Disposition For I the purposes of this Plan, the Agency is authorized to sell, lease, exchange, subdivide, transfer, assign, pledge, encumber, or otherwise dispose of personal property. j . ProJision for Low and Moderate Income Housing I Unless otherwise permitted or required by law, the terms "affordable housing cost", "replacement dwelling unit", "persons and families of low or moderate income", "substantially rehabilitated dwelling units" and "very low income households" as used herein shall have the meanings as now defined by the Redevelopment Law, or may hereafter be amended, and other State and local laws and regulations pertaining thereto. The Agency may, inside or outside the Project Area: acquire real property, buildings sites, buildings or structures, donate real property, improve real property or building sites, construct or rehabilitate buildings or structures, and take any other such actions as may be permitted by the Redevelopment Law, in order to provide housing for persons and families of low or moderate income. 4822.7013-6576.1 13 o (23) (24) o o I . Reolacement Housmg I Exce~t as otherwise permitted by law, whenever dwelling. units housing persons and families oflow or moderate income are destroyed or removed from the low and moderate incOIhe housing market as part of a redevelopment activity in the Project Area, the Agericy shall, within four years of such destruction or removal, rehabilitate, develop or construct, or cause to be rehabilitated, developed or constructed, for rental or sale to pers~ns and families of low or moderate income, an equal number of replacement dwelling units which have an equal or greater number of bedrooms as those destroyed or rem6ved units at affordable housing costs within the territorial jurisdiction of the Agency. ExcJpt as otherwise permitted by law, seventy-five percent (75%) of the replacement dwelling units shall replace dwelling units available at affordable housing costs in the samJ income level of very low income households, lower income households, and persJns and families of low and moderate income as the persons displaced from those unitsl destroyed. The Agency may replace destroyed or removed dwelling units housing pers~ns and families of low or moderate income with a fewer number of replacement dwelling units if the replacement dwelling. units have a greater or equal number of bedr~oms and are affordable to the same income level of households as the destroyed or remJved units to the extent permissible by law as it now exists or may hereafter be amerided. Newtr Rehabilitated Dwelling Units Develooed Within the. Proiect Area Unlet otherwise permitted by law, at least thirty percent (30%) of all new and . substantially rehabilitated dwelling units developed by the Agency shall be available at affor~able housing cost to persons and families of low or moderate income, and such . dwelling units, not less than fifty percent (50%) of these shall be available to an occupied by v~ry low income households. Unless otherwise permitted by law, at least fifteen perc~nt (15%) of all new and substantially rehabilitated dwelling units developed within the ~roject Area by public or private entities or persons other than the Agency shall be available at affordable housing cost to persons and families of low or moderate income and ~f such fifteen percent (15%), not less than forty percent (40%) shall be available at affor~able housing cost to very low income households. The percentage requirements set forth in this Section shall apply independently of the requirements of the preceding . section of this Plan pertaining to "Replacement Housing", and in the aggregate to the supply of housing to be made available pursuant to this Section and not to each individual case 'of rehabilitation, development or construction of dwelling units. I Pursuant to Section 33413(b)(4) of the Redevelopment Law, the Agency shall prepare and adopt a plan to comply with the requirements set forth above, for the Project Area. The Plan shall be consistent with, and may be included within the Housing Element of the City's General Plan. Unless otherwise permitted by law, the plan shall be reviewed and, if necessary, amended at least every five (5) years in conjunction with the housing element cycle. 4822-7013-{i576.1 14 o (25) (26) o (27) o - Exc~t as otherWise permitted by law, th~ Agency shali require, by contract or other appropriate means, that whenever any low and moderate income housing units are . developed within the Project Area, such units shall be made available on a priority basis for ~ent or purchase, whichever the case may be, to persons and families of low or , , moderate income displaced by the redevelopment activities of the Agency in the Project Are1; provided however, that failure to give such priority shall not affect the validity of title to the real property upon which such housing units have been developed. I ' I Duration of Dwelling Unit Availabilitv Unle~s otherwise permitted by law, the Agency shall require the aggregate number of . dwelling units rehabilitated, developed or constructed pursuant to Section D(21) and D(22) of this Plan to remain available at affordable housing cost to very low income, low inco:Ue, and moderate income households for the longest feasible time, as determined by the Agency, but for not'less than the period required by the applicable provisions of the I Redevelopment Law. I Relo~ation Housing If ilufficient suitable housing units are available in the City for use by persons and families of low or moderate income displaced by the redevelopment activities of the Age~cy, the Agency may, to the extent of that deficiency, direct or cause the . development, rehabilitation or construction of housing units within the City, both inside and ~utside the Project Area. I Increased and Imoroved Suoolv I Subject to the provisions of Commission Resolution No. 5237, and the indebtedness of the Agency incurred prior to adoption of Commission Resolution No. 5237, and except as othehvise permitted by law, not less than twenty percent (20%) of all taxes which are alloJated to the Agency pursuant to subdivision (b) of Section 33670 of the Redevelopment Law shall be used, by the Agency for the purposes of increasing, improving and preserving the City's supply of low and moderate income housing available at affordable housing cost as defined by Section 50052.5 of the California Health and Safety Code, to persons and families of low or moderate income, as defined in Section 50093 of the California Health and Safety Code, and very low income households, as defined in Section 50105 of the California Health and Safety Code, unless one or more applicable findings are made pursuant to the Redevelopment Law. The funds for this purpose shall be held in a separate Low and Moderate Income Housing Fund until used. Any interest earned by such Low and Moderate Income Housing Fund shall accrue to the Housing Fund. In implementing this Section 27 of the Plan, the Agency may exercise any or all of its powers including, but not limited to, the following: 4822-7013";576.1 15 o I. 2. 3. 4. Acquire real property or building sites subject to Section 33334.16 of the Redevelopment Law. I Improve real property or building sites with on-site or off-site improvements, but only if either (A) the improvements are made as part of a program which results in the new construction or rehabilitation of affordable housing units for low- or I moderate-income persons that are directly benefited by the improvements or (B) the agency finds that the improvements are necessary to eliminate a specific I condition that jeopardizes the health or safety of existing low- or moderate- income residents. Donate real property to private or public persons or entities. Finance insurance premiums pursuant to Section 33136 of the Redevelopment Law. . 5. . I Construct buildings or structures. 6. 7. 0 I 8. I I I I I I 9. o 4822-7013-6576.1 Acquire buildings or structures. Rehabilitate buildings or structures. Provide subsidies to, or for the benefit of, very low income households, as defined by Section 50105 of the California Health and Safety Code, lower income households, as defined by Section 50079.5 of the California Health and Safety Code, or persons and families of low or moderate income, as defined by Section 50093 of the California Health and Safety Code, to the extent those households cannot obtain housing at affordable costs on the open market. Housing units available on the open market are those units developed without direct government subsidies. Develop plans, pay principal and interest on bonds, loans, advances, or other indebtedlless or pay fmancing or canying charges. 10. Maintain the community's supply of mobile homes. II. Preserve the availability to lower income households of affordable housing units in housing developments which are assisted or subsidized by public entities and which are threatened with imminent conversion to market rates. The Agency may use these low and moderate income funds to meet, in whole or in part, the replacement housing provisions in Section D(23) of this Plan. These funds may be used inside or outside the Project Area; however, these funds may be used outside the Project Area only if fmdings of benefit to the Project Area are made pursuant to the Redevelopment Law. 16 - o (28) Durltion of Affordabilitv Exclt as provided in Section 33334.3 of the Redevelopment Law, or as otherwise perniitted by law, all new or substantially rehabilitated housing units developed or othe:Wise assisted with moneys from the Low and Moderate Income Housing Fund purstant to an agreement approved by the Agency shall be required to remain available at affor\iable housing costs to persons and families oflow or moderate income and very low inco~e households for the longest feasible time, but for not less than the following .Ids f. peno 0 hme: I a. Fifty five (55) years for rental units; b. Forty five (45) years for owner-occupied units. However, the Agency may permit sales of owner-occupied units prior to the expiration ofthe 45- year period for a price in excess of that otherwise permitted under this subdivision pursuant to an adopted program that protects the Agency's investment of moneys from the Low and Moderate Income Housing Fund. o I SECTION E. USES PERMITTED IN THE PROJECT AREA (1) MaJand Uses Permitted I Pursbant to Section 33333 of the Redevelopment Law, the map, attached hereto as . Exhibit A and incorporated herein, illustrates the location of the Project Area boundaries, the immediately adjacent streets, and existing public rights-of-way. The land uses penrlitted by this Plan shall be those permitted by the General plan and City zoning ordiJances as they now exist or may hereafter by amended. Mait Land Uses (as now provided in the General Plan) I Majdr land uses permitted within the Project Area shall include: (2) Commercial Office (CO-I), Commercial General (CG-l) . Commercial Regional (CR-2), Public Facility (PF) Residential Medium (RM), Residential Medium HeaVy (RMH) The areas shown in the map, Exhibit "A", may be used for any ofthe uses specified for or permitted within such areas by the General plan and zoning ordinances as they exist or are hereafter amended in the future. (3) Public Street Lavout, Rights-of-Wav and Easements o Pursuant to Section 33333(a) of the Redevelopment Law, the public street system for the Project Area is illustrated on the Project Area Map identified as Exhibit A. The street 4822-70\3-6576.1 17 - o systeb in the Project Area shall be developed in accordance with the Circulation Element ofth~ General Plan. Primary streets in the Project Area include: I Arrowhead Avenue 4th, 5th, 6th, 7th and 8th Streets Court Street 0, E, F G and H Streets Certain streets and rights-of-way may be constructed, widened, altered, abandoned, vaca\ed, or closed by the city as necessary for proper development of the Project Area. Additional easements may be created by the Agency and/or the City in the Project Area as nehIed for proper development and circulation. The lublic rights-of-way shall be used for vehicular, bicycle and/or pedestrian traffic as well 'as for public improvements, public and private utilities, an activities typically found in th~ public rights-of-way. . In addition, all necessary easements for the public uses, public facilities, and public utilities may be retained or created. (4) Othe~ Public and Open Space Uses BothlWithin and, where appropriate, outside of the Project Area, the Agency is authorized to pJrmit, establish, or enlarge public, institutional, non-profit uses, including, but not limitl:d to, schools; community centers; auditorium and civic center facilities; criminal justice facilities; park and recreational facilities; parking facilities; transit facilities; O librates; hospitals; facilities for educational, fraternal, philanthropic and charitable institutions; or other similar associations or organizations allowed by Redevelopment Law~ All such uses shall be deeined to conform to the provisions of this Plan provided that ~uch uses conform with all other applicable laws and ordinances and that such uses are approved by the City. The Agency may impose such other reasonable restrictions as are ~ecessary to protect development and uses in the Project Area. Pursuant to Section 33333(a) of the Redevelopment Law, there is currently 68.58 acres which is designated as o~en space in the Project Area, and as of the date of adoption of the 2004 amendment to this Plan, there are no specific plans for the provision of otjIer open space, or property to the devoted to public purposes in the Project Area Pursuant to Section 33333(d) of the Redevelopment Law, there is 12.53 acres designated by the General Plan as devoted . to public purposes within the Project Area. . (5) Conforming Properties o The Agency may, in its sole and absolute discretion, determine that the prospective acquisition by the Agency of certain real properties within the Project Area in order to foster the elimination of blight and the implementation of this Plan, is not required at the time of such determination, and the owners of such properties may be permitted to remain, as owners of conforming properties, provided such owners continue to operate, use, maintain the real properties within the requirements of this Plan. An owner of a conforming property may be required by the Agency to enter into an Owner Participation Agreement with the Agency in the event that such owner desires to (I) construct any additional improvements or substantially alter or modify existing structures on any of the 4822-7013-6576.1 18 o o o (6) (7) (8) real ~roperty described above as conforming; or (2) acquire additional property within t1ie Proj&t Area. I . General Controls and Limitations All leal property in the Project Area is hereby made subject to the controls and . . requirements of this Plan. No real property shall be developed, redeveloped, reha~i1itated, or otherwise changed after the date of the adoption of this Plan except in conformance with the goals and provisions of this Plan and all applicable City codes and ordiriances. The type, size, height, number and use of buildings within the Project Area will be controlled by the applicable City planning and zoning ordinances as they now exist40r may hereafter be amended. I . Number of Dwelling Units . . . The total number of dwelling units in the Project Area shall be regulated by the General Plan! As of the date of adoption of the 2004 amendment to the Plan, there are appr~ximately 808 dwelling units in the Project Area. Pursuant to Section 33333(c) of . the Redevelopment Law, portions of the Project Area are designated as residential uses in the General Plan. I ()Pert Space and Landscaping I The ~pproximate amount of open space to be provided in the Project Area is the total of all Jeas so designated in the Land Use Element of the General Plan and those areas in the public rights-of-way provided through site coverage limitations on new development as eS'tablished by the City and this Plan. Landscaping shall be developed in the Project Are~to ensure optimum use ofliving plant material in conformance with the standards of , the City. . (9) Limitations on Type. Size. Height, Number and Proposed Use of Buildings (10) Pursuant to Section 33333(b) of the Redevelopment Law, the limits on building type, size" height, and number, as well as proposed uses of buildings shall be established in accordance with the provisions of the General Plan and the zoning ordinances, as they now exist or are hereafter amended. Diagram(s) and general descriptions of these limitations are provided in the General Plan and the zoning ordinances. ~ All signs shall conform to the City's requirements. Design of all proposed new signs shall be submitted prior to installation to the appropriate governing bodies of the City and/or the Agency for review and approval pursuant to the Municipal Code of the City and procedures permitted by this Plan. New signs must contribute to a reduction in sign blight. 4822-7013-{i576.1 19 o o o (11) (12) (13) (14) Utiliiies The Agency shall require that all utilities be placed underground whenever the Agency deterimnes that such undergrounding is physically possible and economically feasible. I Incoloatible Uses I No Jse of structure which is by reason of appearance, traffic, parking, smoke, glare, noisJ, odor, or similar factors incompatible with the surrounding areas, structures, or uses shall'be authorized in any part of the Project Area, except as otherwise permitted by the city.1 I I Subdivision of Parcels No pLcels in the Project Area shall be consolidated, subdivided or re-subdivided without the Jpproval of the City, and the approval by the Agency of an Owner Participation Agreement with the owner of such parcel, or the express written waiver by the Agency of the rtNuirement to enter into an Owner Participation Agreement for such parcel. I . Minor Variations The 1gency is authorized to permit minor variations from the limits, restrictions and contr~ls established by this Plan. In order to permit any such variation, the Agency must deteJrune all the following: . a. The application of certain provisions of this Plan would result in practical difficulties or unnecessary hardships inconsistent with the general purposes and intent of this Plan. b. There are exceptional circumstances or conditions applicable to the property or to the intended development of the property, which do not apply generally to other properties having the same standards, restrictions, and controls. c. Permitting a variation will not be materially detrimental to the public welfare or injurious to property or improvements in the area. d. Permitting a variation will not be contrary to the objectives of this Plan. No such variation shall be granted which permits other than a minor departure from the provisions of this Plan. III permitting any such variation, the Agency shall impose such conditions as are reasonably necessary to protect the public health, safety, or welfare, and to assure compliance with the purposes of this Plan. 4822.7013-6576.1 20 o o o - (15) Design for Development I In the case of property, which is the subject of a Disposition and Development Agr~ment or an Owner Participation Agreement with the Agency, such property shall be . developed in accordance with the provisions of such Agreement. One of the objectives of this Plan is to create an attractive and pleasant environment in the Project Area. The(efore, such plans shall give consideration to good design, open space and other amehities to enhance the aesthetic quality of the Project Area. I (16) Building Permits AnY! building permit that is issued for the rehabilitation or construction of any new builging or any addition, construction, moving, conversion or alteration to an existing building in the Project Area following the date of the 2004 amendment to the Plan must be \n conformance with the provisions of this Plan, and any applicable Owner Participation Agreement or Disposition and Development Agreement. I ThelAgenCy is authorized to establish permit procedures and approvals required for purposes of this Plan. A Building permit shall be issued only after the applicant for same . has been granted all approvals required by the City and the Agency at the time of the application. I SECTION F. METHODS FOR FINANCING THE PROJECT ( ) .I.. 1 ProTect Fmancmg The!estimated net cost for the entire project area is approximately $10,280,000 of which apprpximately $1,924,000 is expected to be provided by the Federal Government since a portion of this project is anticipated to receive Federal participation on a two-thirds Federal and one-third Local basis. Funds to cover the local share will be procured by the Redevelopment Agency under the provisions of the California Community Redevelopment Law, Section 33600 through 33605 and 33640 through 33646, as follows: [From Section 33600 of the Redevelopment Law]: An agency may accept financial or other assistance from any public or private source, for the agency's activities, power, and duties, and expend any funds so received for any of the purposes ofthis part. [From Section 33601 of the Redevelopment Law]: An agency may borrow money or accept financial or other assistance from the state or federal government or any other public agency for any redevelopment project within its area of operation, and may comply with any conditions of such loan or grant. An agency may borrow money (by the issuance ofbonds or otherwise) or accept financial or other assistance from any private lending institution for any redevelopment project for 4822-7013-6576.1 21 o o o any Mthe PllIJloses ofthis part, and may execute trust deeds or mortgages on any real or pers~nal property owned or acquired. I [FroIh Section 33602 of the Redevelopment Law]: "Bonds" means any bonds, notes, interim certificates, debentures, or other obligations issued by an agency pursuant to ArtiJles 5 (commencing with Section 33640) of this chapter. I [Frol}l Section 33603 of the Redevelopment Law]: An agency may invest any money held in reserves or sinking funds, or any money not required for immediate disbursement, in prpperty or securities in which savings banks may legally invest money subject to their control. [Fro~ Section 33604 of the Redevelopment Law]: If an agency ceases to function, any sllIJllus funds existing after payment of all its obligations and indebtedness shall vest in hI. t e commumty. I [From Section 33605 of the Redevelopment Law]: In connection with the issuance and sale ~f preliminary loan notes, secured by a requisition agreement with the United States of A'merica, the agency may delegate to one or more of its agents or employees the pow~rs or duties it deems proper. [From Section 33640 of the Redevelopment Law]: From time to time an agency may, subjJct to the approval of the legislative body, issue bonds for any of its corporate purp~ses. An agency may als<;>, subject to the approval of the legislative body, issue reruriding bonds for the pllIJlose of paying or retiring bonds previously issued by it. [Fro:U Section 33641 of the Redevelopment Law]: An agency may issue such types of . bon<js as it may determine including bonds on which the principal and interest are payable: a. Exclusively from the income and revenues of the redevelopment projects financed I with the proceeds of the bonds, or with such proceeds together with financial assistance from the State or Federal Government in aid of the projects. b. Exclusively from the income and revenues of certain designated redevelopment projects whether or not they were financed in whole or in part with the proceeds ofthe bonds. c. In whole or in part from taxes allocated to, and paid into a special fund of the agency pursuant to the provisions of Article 6 (commencing with Section 33670) ofthis chapter. . d. In whole or in part from taxes imposed pursuant to Section 7280.5 of the Revenue and Taxation Code which are pledged therefore. e. From its revenues generally. 4822-7013-6576.1 22 o - f. From any contributions or other financial' assistance from the State or Federal Government. g. By any combination of these methods. I [Frorit Section 33642 of the Redevelopment Law]: Any of such bonds may be additionaIly secured by a pledge of any revenues or by encumbrance by mortgage, deed oft:n1st, or otherwise of any redevelopment project or other property of the agency or by a plMge of the taxes referred to in subdivision (c) of Section 33641, or by any combination thereof. [Fro! Section 33643 of the Redevelopment Law]: Neither the members of any agency nor iliy persons executing the bonds are liable personaIly on the bonds by reason of their . j Issuance. [Fro! Section 33644 of the Redevelopment Law]: The bonds and other obligations of any Jgency are not a debt of the community, the State, or any of its political subdivisions . and rteither the cornmunity, the State, nor any of its political subdivisions is liable.on them~ nor in the event shaIl the bonds or obligations be payable out of any funds or prop~rties other than those of the agency; and such bonds and other obligations shall so state ~n their face. The bonds do not constitute an indebtedness within the meaning of any Jonstitutional or statutory debt limitation or restriction. [Fro! Section 33645 of the Redevelopment Law]: The Agency may authorize bonds by . resol~tion. The resolution, trust indenture, or mortgage may provide for: I a. I The issuance of bonds in one or more series. I c e. f. g. h. 0 I. 4822-7013-{;576.1 b. The date the bonds shaIl bear. c. The maturity dates of the bonds. d. The interest rate, not exceeding the maximum rate fixed for bonds of cities under Chapter 4 (commencing with Section 43600) Division 4, Title 4 of the Government Code. The denomination of the bonds. Their form, either coupon or registered. The conversion or registration privileges carried by the bonds. The rank or priority of the bonds. The manner of their execution. 23 o o o - J. The medium of payment. k. The place of payment. I. The terms of redemption with or without premium to which the bonds are subject. [From Section 33646 of the Redevelopment Law]: The bonds may be sold at par less a discount of not to exceed 5%. at public sale held after notice published once at least five . days prior to the sale in a newspaper of general circulation published in the community, or, if there is none, in a newspaper of general circulation published in the County. The bonds may be sold at not less than par to the federal government at private sale without any advertisement. (2) Time Limit on Establishing Loans. Advances and Indebtedness I The principal amount of bonded indebtedness (issued pursuant to Section 33640, et m., of the Health and Safety Code) to be repaid in whole or in part 'from such allocations of taxes, and which can be outstanding at one time~ as applicable to the Redevelopment Project, shall not exceed the sum offorty million dollars ($40,000,000) without an amendment of this Plan." (3) , Limitation on Number of Dollars of Taxes Which May Be Divided and . Allocated to Agency I a. A limitation on the number of dollars of taxes which may be divided and allocated to the Agency need not be specified as a dollar value limitation so long as a limitation does in fact exist to I enable the Agency to reasonably determine a limitation on such amounts when certain financial variables are known. Taxes shall . not be divided and shall not be allocated to the Agency beyond such limitation, except by amendment of this Plan. The dollar amount of taxes which may be divided and alIocated to the Agency ("tax allocations") pursuant to subsection 2 of this Section "F" in any fiscal year shall be a figure derived by multiplying the maximum annual debt service (as hereinafter defined) on those forms of indebtedness as further provided in Paragraph "b" below and payable from the tax increment revenues attributable to the Redevelopment project by a factor of 1.75 ("coverage"). As used herein, maximum annual debt service means the largest of the sums obtained for any fiscal year after the computation is made by totaling the following for each such fiscal year: (1) the principal amount of alI serial Bonds and serial parity Bonds payable in such fiscal year; and (2) the amount in minimum sinking fund payments; (3) the interest which would be due during such fiscal year on the aggregate principal amount of Bonds and parity Bonds which would be outstanding in such fiscal year if the Bonds and 4822-7013-6576.1 24 - J o o parity Bonds outstanding on the date of such computation were to I mature or be redeemed in accordance with the maturity schedule or I schedules for the serial Bonds and serial parity Bonds and the schedule or schedules of minimum sinking fund payments for term Bonds and term parity Bonds; (4) any other optional or mandatory call and redemption of bonds; and (5) the principal and interest due and payable in each fiscal year of the agency with respect to loans, notes, contractual obligations or other forms of indebtedness. payable to third parties either in whole or in part from the tax allocations. At the time and for the purpose of making such I computation, the amount of term Bonds and term parity Bonds I already retired in advance of the above-mentioned schedule or I schedules shall be deducted pro rate from the remaining amounts thereon. I b. I The principal amount of the tax allocation bonded indebtedness I applicable to the RedevelopmentProject issued pursuant to Section I 33650, et ~., ofthe Health and Safety Code, exclusive of (i) sales and use tax revenue bonds or other similar bonded indebtedness or I contractual obligations, (ii) other Agency subordinated contractual I obligations payable from tax allocations and, (iii) other forms of I indebtedness and City and/or Agency indebtedness payable from I tax allocations, which can be outstanding at anyone time and I payable in whole or in part from tax allocations attributable to the . Redevelopment Project shall be limited to forty million dollars I ($40,000,000) if and to the extent the same is serviceable solely I from tax allocations, applying to such tax allocations the 1.75 coverage test as set forth above to so determine the total amount of I tax allocations to be allocated to the Agency for the debt service requirements on such tax pursuant to said Section 33640 in addition to that amount required for the repayment of principal and interest on such other Agency subordinated contractual obligations I payable from tax allocations and other forms of indebtedness and I City and/or Agency indebtedness payable from tax allocations; provided, however, that if other sources of payment are lawfully combined with tax allocations, there shall be no limit as to the amount of bonded indebtedness serviceable from such other source offunds, except as to that portion of the total tax allocation bonded indebtedness which is attributable to being serviced from tax allocation which shall not at anyone time exceed such figure of forty million ($40,000,000) principal amount outstanding as set forth above applying the same coverage test to determine the total of tax allocations which shall be available to the Agency. o 4822-7013-{;576.1 25 o ~ I SECTION G. ACfIONS BY THE CITY The City shall aid and cooperate with the Agency in carrying out this Plan and shall take all reasonable actions necessary to ensure the continued fulfillment of the purposes of this Plan and to prevent the recurrence or spread in the Project Area of conditions of blight. Actions by the City may include, but shall not be limited to, the following: (A) I I . I I I I (B) I 0 (C) ; Institution and completion of proceedings for opening, closing, vacating, widening, or changing the grades of streets, alleys, and other public rights-of-way, and for other necessary modifications of the streets the street layout, and other public rights-of-way in the Project Area. Such section by the City shall include the requirement of abandonment and relocation by the public utility companies of their operations in public rights-of-way as appropriate to carry out this Plan, provided that nothing in this Plan shall be deemed to require the costs of such abandonment, removal, and relocation to be borne by others than those legally required to bear such costs. Institution and completion of proceedings necessary for changes and improvements to publicly owned parcels and utilities in the Project Area Performance of the above, and of all other functions and services relating to public health, safety, and physical development normally rendered in accordance with a schedule which will permit the redevelopment of the Project Area to be · commenced and carried to completion without unnecessary delays. (D) I Imposition, whenever necessary, of appropriate design controls within the limits of this Plan in the Project Area to ensure proper development and use of land. (E) I Provisions for administration/enforcement of this Plan by the City after completion of development. '(F) The undertaking and completion of any other proceedings necessary to carry out the Plan. (G) The expenditure of any City funds In connection with redevelopment of the Project Area pursuant to this Plan. (II) Revision of the City zoning ordinance, adoption of specific plans of execution of statutory development agreements to permit the land uses and facilitate redevelopment and elimination of blight authorized by this Plan. o 4822-7013-0576.1 26 o o o , SECTION H. ADMINISTRATION AND ENFORCEMENT Upon adoption, the administration and enforcement of this Plan or other' documents impl~menting this Plan shall be performed by the City and/or the Agency, as appropriate. I The ~rovisions of this Plan or other documents entered into pursuant to this Plan may also be enforced by litigation or similar proceedings by either the Agency or the City. Suchl remedies may include, but are not limited to, specific performance, damages, re- entJ onto property, power of termination, or injunctions. In addition, any recorded provisions which are expressly for the benefit of owners of property in the Project Area may be enforced by such owners. . SECTION I. PLAN LIMITATIONS . (1) . Effe~tiveness onhe Plan / Except for the non-discrimination and non-segregation provisions which shall mn in perpetuity, and except as otherwise provided herein, the provisions of other documents . formulated pursuant to this Plan shall be effective for forty (40) years from the adoption of Common Council Ordinance No. 3366 approving this Plan Afte~ the time limit on the effectiveness of the Plan has expired, the Agency shall have no auth~rity to act pursuant to the Plan except to pay previously incurred indebtedness and to en'rorce existing covenants or contracts. However, if the Agency has not completed its housing obligations pursuant to Section 33413 or the Redevelopment Law, the Agency . shall retain its authority to implement requirements under 33413, including the ability to inc~ and pay indebtedness for this purpose, and shall use this authority to complete these housing obligations as soon as reasonably possible. . SECTION J. PROCEDURE FOR AMENDMENT ThislPlan may be amended by means of procedure established in Sections 33450-33458 of the Redevelopment Law or by any other procedure hereafter established by law. This'Plan is to be liberally construed and not interpreted as a limitation on the powers of the Agency. Notwithstanding any provision in this Plan to the contrary, the Agency or Commission may hereby utilize all powers of a redevelopment agency pursuant to the Redevelopment Law and all other applicable laws, as the same now exists or may hereafter be amended. 4822.7013-6576.1 27 ~ o Exhibit "A" Central City North Redevelopment Project Area Map o o EXHIBIT "A" () J. ..iL .. .. -- () () 1<>, ::-, ',I,' .?i~ -, .'. . I~ @ J~i ~~i " :S "3 " " o...l E " ii ~ ::E :; ~ ," :D '" III .. u c u " u u IE o :i! " ~ d I~'.H;,~:"', ;a: .'~6_ ~;Ui, .~" .. 'g E E d - J:1Il ....c: a: .S! Oili z~ ~~ OQl ;i~ a:~ ....c: z~ w. Oc: oS! a. - ~ Ql c: Ql ~ ... ~ 1\j ?:- ~ <: ~ -0 '" ~ '" ex: :a c u ~ ~ ~ ~ :t E , ii ::E :i! E ~ ~ ~ o E . o o .. u c l5 .. 'g E E d -- o Exhibit "B" Central City North Redevelopment Project Area Legal Description of Project Area o o o o o - Legal Description of Project Area . , Those portiJns of Blocks 19,20,25,26,27,28,29,30,35,36,37,38,39,40,41,42, 43, 44, 45, 46, 51, 52, ~53, 54 and 55 of the City of San Bernardino, County of San Bernardino, State of California, :s per map recorded in Book 7 of Maps, Page 1; and Norton and Hay Subdivision as per map recbrded in Book 16 of Maps, age 7; and Sub of Block 55, City of San Bernardino, as per map rectrded in Book 3 of Maps, Page 30; and Porter's Subdivision as per map recorded in . Book 2 of~aps, Page 26; and J. S. Bright Subdivision as per map recorded in Book 4 of Maps, Page 4; and Bennetts Subdivision as per map recorded in Book 3 of Maps, Page 15; and Ward and Courtn~y Subdivision as per map recorded in Book 3 of Maps, Page 25; and Kingman- Hampson Stbdivision as per map recorded in Book 30f Maps, Page 81, records of said County described ai follows: I . Beginning at the intersection of the Easterly prolongation of the North line of Court Street, 82.50 feet wide ahd the East line of Arrowhead Avenue 82.50 feet wide; thence West along said Easterly prolongation and the North line of said Court Street to the East line of"D" Street, 82.50 . feet wide; thence Westerly in a straight line to the Northwest comer of "D" Street and Court . Street, 56.16 feet wide; thence West along the North line of Court Street to the East line of"E" Street 82.50 feet wide; thence North Along the East line of said "E" Street to the Northeast . comer of said "E" Street and Fourth Street, 82.50 feet wide; thence West along the North line of . said Fourth Street to the West line of "H" Street; thence North along the West line of said "H" Street a distlmce of 48.00 feet to the Right of Way line of State Route VIII - 43 (Freeway U. U. 395); thencJ along said Right-of-Way line the following courses and distances: thence South 89 34'17" We~t a distance of 251.15 feet; thence Northerly along the arc of a curve concave Northeasterly with' a radius of 150.00 feet a distance of 83.37 feet; thence North 17 a5'04" West a distance of 170.43 feet to the South line of Kingman Street; thence North 07 28'03" West a distance of 40.30 feet to the North line of said Kingman Street; thence North 0 27'47" West a distance of 130.00 feet; thence Northerly in a direct line to a point on the North line of Lot 41 of the Ward ~d Courtney Subdivision as per plat recorded in Book 3 of Maps, page 25, records of the County Recorder of said County, said point being 370.00 feet West of the East line of said "H" Street; Thence North 0 27'54" West a distance of 143.71 feet to the South line of Spruce Street, 50.00 feet wide; thence North 05. 43 '35" East a distance of 173.52 feet to the beginning of a tangent curve concave Southeasterly and having a radius of 160.00 feet; thence Northeasterly along said curve thru a central angle of79 24'47" a distance of221.77 feet; thence North 85 08'02" East a distance of 99.66 feet to the South line of, Sixth Street 82.50 feet wide; thence East along the South line of said Sixth Street to the West line of said "H" Street; thence leaving said Right-of-Way line of Freeway V.S. 395 North along the West line of said "H" Street to the North line of said Sixth Street; thence West along the North line of said Sixth Street to the Easterly Right-of-Way line of said V.S. 395; thence North along said Easterly Right-of-Way line ofV.S. 395 Freeway and following all its various courses and distances to the North line of Eight Street 82.50 feet wide; thence East along the North line of Eight Street to the Northeast comer of said Eight Street and Arrowhead Avenue; thence South along the East line of said Arrowhead Avenue to the point of beginning. - o Exhibit "C" Community Development Commission Resolution No. 4830 December 23, 1985 o ( o - . ) '. ' -;..~ /. .\~. . ;i~ .]:'f" o SBEOOI-92/1,010/1297S/kl 12/18/85 . RESOLUTION NO. 4830 " I RESOLUTION OF . THE COMMUNITY DEVELOPMENT COMMISSION OF .THE'CITY OF SAN BERNARDINO ADOPTING A STATEMENT OF.' 'EXISTING PROJECTS, PROGRAMS AND ACTIVITIES AND EXISTING OBLIGATIONS PURSUANT' TO HEALTH AND SAFETY 'CODE SECTION 33334.6 . I , \.,~,.. ".t .;..' ,r-p.- ~'. -.:"~~":'-.:..., . WHEREAS, Hea lth and Safety Cede Sectio.n 33334.6 l"equil"es I .with l"eferende to. l"edevelo.pment plans ado.pte~ .pdo.l" to. Janual"Y 1, I 1977, . that. no.lt les& than twenty peTcent (20%) o.f all taxes which al"e allo.cated to. rthe Redeveio.pment A;e~Cy o.f the City o.f San Bel"nal"dino. I .' (the -AgenCy"r pUl"suant to. Health and Safety Cede Section 33670 be set asid~ fo.,~pul"po.ses pf incn'!asing and.. ~mpl"oving' the co.mmuni ty' s i" supply o.f lo.w-. and mo.del"ate-inco.me.' ho.using ,(the "Housing Fund . ,I ppro.Pl"iatio.np unless cel"tain findings al"e made; and \ I WHEREAS, .Health and Safety Cede Sectio.n 33334.6 autho.dzes I . I the Agency no.'t to. set aside the Ho.using Fund Appl"o.pl"iatio.n, o.l" any - portio.n thel"eo.f, if it is found and detel"mined that the Ho.using Fund Appto.pdatio.n, o.l" any po.l"tio.nthel"eo.f, is needed fo.l" o.thel" pUl"po.ses , in. o.rdel" to. pl"ovide fo.J; the o.'rdel"ly and timely co.mpletipn o.f public and ~l"ivate redevelo.pment pl"o.jectsj pl"o.gl"ams and activities which as o.f January. 1, 1986 the ',]l.gency intends to. implement; and . WHEREAS, ftealth and Safety Cede Sectio.n 33334.6 autho.l"lzes the Agency net to. set aside the Ho.using Fund APPl"o.pdatio.n, o.l" any artio.n thel"eo.f, if it is found and detel"mined that the Housing Fund - 1 - ) ) OAPpropriati6n, "or "any portion thereof, is needed for purposes of I payment under existing obligations of amounts due or required to be "" I committed, set aside or reserved by.-the Agency during the fiscal I " year and which are used by the Agency for" that purposei and" I I WHEREAS, j of ~an BerJardino (the "Commission"), on behalf of the Agency, I " " intends to implement those certain projects, piograms and activities I pertaining to I Agency prior to January" I, 1977, " I" attached h~reto and incorporated Commission Ihas.." further established or has otherwise identified , " I ." f" existing: obligations pertaining to A ,"' ~~required tojbe committed, set aside or reserved by" the Agency during ~~ . I the fiscal year 1985-86; and I " the Community Development Commission of the City those certain" redevelopment projects adopted "by the all as set forth in Exhibit "A" / herein 'by" reference, and" the the, payment of "amounts due 0 r WHER!':AS. it is appropriate at this time for the Commission- I " . - on behalf of the Agency to make certain findings ~nd-~uthorizations " I " with reference to" said redevelopment projects and oblig~tions, "pursuant to Health and Safety'Code Section 33334.6: NOW, TH!':R!':FORE, THE COMMUNITY DEVELOPMENT COMMISSION ACTING ON BEHALF OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORD!':R AS FOLLOWS: o -'- 2 - " <~) ) o 'Section 1. The ,Commission he'reby reaffirms and incorporates herein I ' Commission entitled: I by reference that, certain Resolution of the . . ~ ," . ~'.. ." .., . t-.. ::. . .3:!(' ReSolution of the Community Development CoIrimission of the I City of San Bernardino, Making Certain Findings Concerning ., Lack of Need to Set Aside I Increment Pursuant ~to' I Sections 33334.2 and 33334;6 , .. a Portion, of Property' ',Tax Health and Safety 'Code , referenc~ C!mmission specifically reaffirm~, and incorporates J~r~iri ,any and a~~-'--;~ndingS .and determinations made by and the in .. .1 said Resolution'. l) '.' 'Section 2. Pursuant to' Health and Safety Code Section 33334.6, t~e Commission on behalf of the Agency hereby accepts. I ' and adopts for planning purposes ,the Statement of Projects. . approves Programs and Activities as set forth in Exhibit "A" attached hereto and incorporated' herein by reference. and the Commission on behalf of the Agency further affirms its intention to 'proceed with the projects, programs and activities set forth therein; provided. however, that nothing in this Resolution shall be deemed to constitute final approval o'f'any"pi'oject. program or activity set forth in said Exhibit "A". o ,hereby Section 3. ~he Commission on behalf of the Agency finds and determines pursuant to Health and Safety Code - 3 .~ - ) 'J . . c:>sect10n 33334.6 that the projects, programs and activities set forth in Exhibit I"A" attached hereto and in'corporated herein by reference , I are projects, programs an'd activiti'es as descr'ibed in, Health and I Safety Code Section 33334.6, and' that the orderly':, and, timely , ,I completion of said projects, programs and ,activities requires that neither'th) Housing Fund Appropriation, nor any portion thereof, be set' aside dtring the 1985-86 fiscal year for purposes set forth in I . Health and Safety Code SectIon 33334.6. . Section 4. .. The Commission on, behalf of the Agency hereby accepts, approves and adopts the' Statement of Existing I ' Interproject Area Loans, and Obligations as set forth in Exhibi t "8" o t ' I attached~ hereto and incorporated herein by, reference, and the " . ,'0, I ~()Commission ~n behalf of the Agency authorizes and directs Agency and - City Staff I to execute any 'and all documents, book entries and . . writings and to take any and all actions which are reasonable and 'necessary il order to commit, set aside or, reserve Agency funds' ~ursuant tol the obligations se~ forth in Exhibit "B"~' including any -' and all interest due thereon calculated at a rate not to exceed the maximum interest rate permitted by law. Section 5. The Commission on behalf of the Agency hereby finds and determines pursuant to Health and Safety Code Section 33334.6 that the obligations set forth in Exhibit "B" attached hereto and incorporated herein by r'eference are obligations as described in Health and Safety Code Section 33334.6, ,and that the 'Orepayrn~nt, coirunitment. set aside or reservation of funds pursuant to - 4 - - .; ') ) o '. s'aid oblig'ations, including any and all' interest due thereon, . requires that neither . . I . ,po-rtlon ,thereof, . I the Housing Fund Appropriation, nor any ~ be set aside during the 1985-86 fiscal' year for . .purposes ,set forth in Health and Safety Code Section 33334.'6.' I Section 6. This Resolution shall 'take effect 'upon adoption. ADoPTED: .' Approved Form' and ,By: o o - 5 - o ~9 ~ ) ) . EXHIBIT ~AM iSTATEMENT OF PROJECTS, PROGRAMS AND ACTIv'lTIES Central C:t I ~ y I Redevelopment proiect L AmericaJ Ci ties Plan, including public Improvements for Downtown . I , ' , Area and the Court Street Corrido.r from, E Street to Arrowhead and thed,north approximately to 5th Street. .' '2. I 'Revitalization and streetscape plan for E Street .Corridor from ,I - , appr9xim_ately 2nd. to 7th streets, - I' 'improvement program. , . i~cluding beautification and 3; High groundwater pumping and improvement program, including I costs of pumping high groundwater, and of constructing permanent improveJents in order to alleviate high groundwater problems. I I .4. Master city planning program,' including MGreater San Bernardino Plan". ( 5.' Improvement project for parking structure at 2nd and' E -Streets, including restiiping, restructuring, re-signing and construction of access improvements. .06. MJM building lease, ,including option to purchase. ,. - 6 - - ) . ., ./ :07~. Parking .project and program for Downtown Area, including parking .facilities adjacent to development of office structures pursuant I .to existing and. projected disposition and development agreements. 8. '1 Schurgin f,' . 11 1nanCl.a . Disposition and Development . Agreement;. inCluding obligations thereunder. 9. .Carel . 'Disposition and Development . Agreement, including '. . 1mprovement obligatl.ons thereunder. .10'. .Orange Show Extension Project., includi~g street improvements, :. ~oss~blJ iand acquisitio~', relocatio~, and .other obligations in . .t.. . acco(dance with Orange Show Master Plan. . r FO 11. Demolition of Court and E Street.site. . '12. Obligations pertaining to fiscal impact bond refunding for' I merged redevelopment project areas. I . 13. Obligations pursuant to Nicolay Note. 14, Legal services programs and obligations. '- 15~ Obligations and reimbursements to fiscal agents pertinent to bond issues. Ou. YWCA' rehabilitation project, - 7 - - ) ) (017. Redevel~pment and public improvement obligations for tedevelLpment of Rialto, Mill, ,F and H Street site, inclUding . I pub11c I improvements, ,streets, soils improvements, utility under-g~Ounding and other matters. I ' , I 18. Obligations under Scott Note. I v 19. Obligations under Nicholson Note. . -20. Obligations related to bond i'ssuance programs. , ~ 2l. Obligatiorts.~ertaining to issuance of parking facilities bonds. I On. Obligations pertaining to issuance of fire station bonds. 23. Obligations pertaining to issuance of library bonds. State Colleqe Redevelopment Proiect -, L Golf Course expansion project pursuant to 'existing agreement 'with Golf Course lessee. 2. Golf Course undercross ing project pertaining to expansion of Interstate 215 Freeway. 4:)3. C & M Fine Pack Owner Participation Agreement obligations. - 8 - ) ) '04. ~ College I Parkway improvements. I Agreement obligations, including. offsite I 5. ."Obligations pertaining to bond issues. ., 6. Obligatibns pursuant includint landscaping I to Darmor Owner Participation Agreement, improvements.. 7. 1 Development. of publiC improv.ements on, Ki,ndall Avenue near 40th Street p~rtaining to shopping center site redevelopment. I , 8. Branch 1 - library project, including financing programs obligations. ..... . I ~'L Construction of stonildrain facilities along University Parkway. I ,'Southeast Industrial Park Redevelopment Proiect' I 1. Obligations pursuant to Miles and Hall Di-sposi tion and ',Development Agreement, including flood control improvements. 2; Obligations pursuant to Janke Note. -,3. .obligations and reimbursements to fisca I agents perta ining to bond issiles. o - 9 - - ., ': \ ') 04. l ' I' Auto Center Owner Participation Agreement, including obligations I ' . thereunder., . for site located at approximately Orange Show Road I and Interstate 215. :5. Employment Linkage Project, including incentives 'and reimburJements for creation of new jobs. '6. Marketing project, including .advertising _ program. to encourage redevelopment. -' , . 7. obligatilon~ pertaining to bond issues. . Ceritral -0 I . "-' eiti'North Redevelopment proiect. " '. L Obligati'ons and reimbursements to fiscal agents pertaining to . .bond issues. :.2. Obligatio'ns perta'ining to 'Gabriel Note. . 3'. Obligations pertaining to Schweitzer Note. ~. Parking project, including development of parking structures for redevelopment area, 5,' Obligations pursuant to bond' issues, o 6, Obligations pertaining to existing notes concerning Stater Bros. properties. _ 10 _ .. , ,\ ! ) o Central .c. o o '. ' City I West Redevelopment Proiect i. Obligations pertaining to Swing Note. I ' Miscellaneous 1. To the extent that the 'foregoing 'projects, . programs and the foregoing activities pertain to than one of more 'redevelopment ',' I 'responsibility for such projects, programs and activities . borne ~y any and all applicable redevelo;ment project areas. . project the areas, , Agency intends that be - ' , ,2. Fina~cing start up costs for all of the foregoing redev'elopment project areas. 3. Enterprise I redevelopment project areas, and I programf ,and fee rebate programs. including those within zones, the foregoing including loca 1 incenti ve- 4., Funding and ,implementation 'Of the City Empl,oyment Jab Linkage Program, including the 'targeting of funding for employment development progr~ms with participating companies, businesses and individuals eithe'r inside any of the redevelopment areas of the Agency or outside and of benefit to any of the redevelopment project areas of the Agency, for the purpose 'Of providing employment opportunities to persOns of low- and very-low income. \ - 11 - ~. .\ .J :., ) o c I Central City North Redevelo~ment proiect . I . Principal amount of obligations 'payable to Central City Redevelopmeht Project: . $1,899,253 I Central City West Redevelopment Proiect I . . Principal amount of obligations payable to Central City Redev~lopmeht Project: I , $707,440.00 .. . ..North West Redevelopment Prolect .'r. ;. Principal amount of obl'igations. payab1.e to. Mortgage Finance: '., I . $377,606.00 I. e9 . 'Principal amount . . Redevelopmert Project: $591,988.00 of obligations payable' to' State College Tri-Citv Redevelopment proiect Principal amount of obligations payable to South East industrial Park Redevelopriuint Project: $584,450.00 . ~Uptown Redevelopment Proiect Principal amount of obligations payable to Central City Redevelopment Project: $323,420.00 South Valle Redevelopment Project Payable amount of obligations payable to South East Industrial Park Redevelopment Project: .0 $83,410.00 o ~. '2. p o. - ~) ) EXHIBIT -A- STATEMENT OF PROJECTS, PROGRAMS AND.ACTIvtTIES . , . Central City. Redevelopment Proiect . L Americanltities .Plan, inclu'ding public improvemerits for Downtown , Area and the Court Street Corridor from E Street to Arrowhead and then north approximately to 5th Street; / Revitalization and street scape plan for EStreet Corridor' from approximately. .2nd to 7th streets, iIlcluding b~autificati6n and impro~~~J~t.program. . I '3. I High 'groundwater .pumping .and 'improvement program,including I costs ofl pumping high groundwater and of constructing permanent I , improvements.in order to alleviate high groundwater problems. 4. Master city . planning program, including -Greater San Bernardino Plim- . 5. Improvement. project for parking structure at 2nd and E Streets, including restriping, restructuring, re-signing and construction of access improvements. -J- building lease, including option to purchase. - 6 - C7. 10. ~Q -. - ) ) .. P~rking project and program for Downtown Area, including parking facilitils adjacent to de. vel6pment of office structures.pursuant .. I . to existing and projected disposition and development. agreements. I .s. SChurgin' I financial obligations thereunder. Dispos i t ion and Development Agreement, including 9. . Carel Disposition and. Development I improvement obligations there~hder. Agreement, lncluding -' I . Orange Show Extension Project, including. street .improvements. Possi.~lel: ~'a.~~. acquisition, relocation', and other obligations in accordance w1th Orang. Show Master Plan. 11. [)emolitiJn of Court and E Street site. .12~ ObligatiJns pertaining to fiscal impact bond refunding for merged redevelopment project areas. i3. Obiigations pursuant to Nicolay. Note. 14. Legal services programs and obligations. 15. Obligations and ..reimbursements to fiscal . agents pertinent to o bond issues. 16. YwCA rehabilitation project. .., ~ " .i ) Cl7~ I . Redevelopment I redevelopment of Rialto, Mill, public limprovements, streets, under-grounding and other matters. I and public improvement. obligations for " and H Street site! including soils ':improvements, utility 18. Obligations under.Scott Note. 19. ObligatiJris urtderNicholson Note. 20. Obligations related to bond issuance programs. ,- '21;' Obligatio'ns pertaining to issuance of 'parking facilities bonds. . , r'\ I "V2. obligati~ns pertaining to issuance of' fire station bonds. -' I 23. Obligations pertaining to issuance of library bonds. . . StateColleqe Redevelopment'Proiect L Golf Course expansion project. pursuant .to existing .'agreement with Golf Course lessee. 2. Golf Course unilercrossing project pertaining to expansion of ~nterstate 215 Freeway. '0 C & M Fine Pack Owner Participation Agreement obligations. '1 . - 8 - "'I " :'.. \ '.:/ ) CI. College Parkway Agreement obligations, including offsite ' improvements~ .5:, Obligations pertaining to bond issues. 6. Obligations pursuant to Darmor Owner Participation Agreement, including landscaping improvements. '7,. 'O'evelopment' of 'public' improvements on Kindall Avenue nea'c 40th , " Street pertaining to shopping center site redevelopment. ,~ 8. Branch l~brafy project, including,finapcing programs obligations. '. , . 0outheas't '~njustrial .' , "" Park Redevelopment proiect ,I. Obligations pursuant to Mi les and Ha 11 Dispos it ion and Development Agreement, including flood control improvements. 2. Obligations pursuant to Janke Note. 3. Obligations and reimbursements to fiscal agents pertaining to bond issues. .4: Auto Center Owner Participation Agreement, including obligations thereunder, for site located at approximately Orange Show Road o and Interstate 215. - 9 - ., ", ) ) o 5. -- - . Employment Linkage Project, - including incentives and reimbursements for creation of new jobs. - 6; Marketing project, including adve.rtisi-ngprogram. to encourage redevelopment. 7.. _Obligations pertaining to bond issues.- Central City North Redevelopment Proiect " .:I.. Obligations ,-and. reimbursements to fiscal agents p_ertaining to I bond ;iss~es. o -- -; 2. _ Obligations pertaining to Gabriel Note. 3. Obligations pertaining- to Schweitzer Note. 4. Parking project, including development of parking structures for 'redevelopment area. _5. Obligations pursuant ~o bond issues. 6. Obligations pertaining to existing -notes concerning Stater_ Bros. properties. o . \ i / ') CitJ West I . C.:entral - . 0'2." "" r '.' Redevelopment Proiect 1. Obligations pertaining to Swing Note. Miscellaneous 1. To the elttent that the foregoing projects,' programs 'and activities pertain, to than of the foregoing more one '. redevelopment . project the intends :Agency that areas, "responsibility for such projects, programs and activities be .' borne by any and all applicable redevelopment project. areas. Firiancing start up costs for all of,. the foregoing redevelopment project areas. 3. . Enterprise including those within the foregoing zones, redevelopment project 'areas, and including local iricentive " programsl and fee, rebate programs. ,:.4. Fundfng and implementation of the, City Employment Job J;,inkage Program, includfng the ,targeting, of funding for employment o development programs with participating 'companies, businesses and individuals either inside any of the' redevelopment areas of the Agency or outsIde and of bene'fit to any of the redevelopment ,project areas of the Agency, for the purpose of ,providing employment opportunities to persons'of low- and very~low income. I ' _ 11 _ o o o I AMENDED AND RESTATED REDEVELOPMENT PLAN FOR THE CENTRAL CITY NORTH REDEVELOPMENT PROJECT I SECTION A. Thisl is the Amended and Restated Redevelopment Plan for the Central City North . Redevelopment Project (the "Plan"). The redevelopment project area for the Central City Red~velopment Project (the "Project Area") is located in the City of San Bernardino, Cow\ty of San Bernardino, State of California. (1) The Plan consists ofthe text of Section A through Section J and the following exhibits: Exhibit "A" Map of Project Area; Exhibit "B" Legal Description of Project Area; Exhibit "c" Statement of existing projects, programs and activities and existing obligations pursuant to Health and Safety Code Section 33334.6, including a copy of Commission Resolution No. 4830, dated December 23, 1985. A prior version of the Plan was originally adopted by Common Council Ordinance No. 3366, dated August 6, 1973. The Plan has been amended by the following ordinances of the Common Council: (i) Ordinance No. MC-561, dated December 8, 1986; (ii) Ordinance No. MC-719, dated April 2, 1990; (iii) Ordinance No. MC-nO, dated December 19, 1994; (iv) Ordinance No. MC-1154, dated December 1,2003; and (v) Ordinance No. MC-IIfi1-; dated Se~. 7 ,2004; No amendment to the Plan has added lands to the Project Area originally established under Common Council Ordinance No. 3366. The amendments to the Plan referenced under (i) and (ii) in the preceding paragraph were technical amendments mandated by State Law to add certain provisions or limitations of Agency powers under the Plan. The amendment to the Plan referenced under (iii) in the preceding paragraph adjusted the limit to the total amount of tax increment revenues to be allocated to the Agency under the Plan. The amendment to the Plan referenced under (iv) in the preceding paragraph authorize the Agency to incur indebtedness through the termination date of the Plan (e.g., August 6, 2013). The amendment to the Plan referenced under (v) in the preceding paragraph: (A) reinstated the eminent domain power of the Agency in the Project Area 4822.7013-<5576.1 1 c c o - through the termination date of the Plan (e.g., August 6, 2013); (B) deleted certain proJisions of the Plan as originally adopted by Common Council Ordinance No. 3366 . dealing with special development project design standards applicable solely within the < Project Area, so that the land use, land development and building reuse and rehabilitation standards and regulations of the City shall be applicable to the Project Area without regard to the special development project design standards set forth in the Plan as originally adopted by Common Council Ordinance No. 3366; and (C) conformed the provisions of the Plan as originally adopted by Common Council Ordinance No. 3366 relating to replacement housing and housing opportunities for persons and households of low,and moderate-income, to the California Community Redevelopment Law in effect at the time of such amendment. . This Plan has been prepared by the Community Development Commission of the City of SanlBernardino ("Commission") pursuant to Health and Safety Code Section 33000, et sea.l (the "Redevelopment Law") and all applicable laws and ordinances. It does not pres~nt a specific plan for the redevelopment, rehabilitation and revitalization of any area witllin the Project Area. Instead the Plan establishes a process and framework within whi~h specific redevelopment improvement activities will be presented, priorities for specific activities will be established, and specific solutions will be proposed and by which tools are provided to the Commission to fashion, develop and proceed with such specific activities, projects and solutions. (2) The following definitions will be used generally in the context of this Plan unless otherwise specified herein: . "Agency" means and refers to the Redevelopment Agency of the City of San Bernardino. . "Commission" means the Community Development Commission of the City of San Bernardino. The Commission is the governing board of the Agency. . "City" means the City of San Bernardino, California. . "Common Council" means the Common Council of the City, the legislative body of the Agency. . "Disposition and Development Agreement" means an agreement between a developer and the Agency that sets forth terms and conditions for improvement and redevelopment. . "General Plan" means the General Plan of the City as provided for in Section 65300 of the California Government Code. . "Map" means the Map of the Project Area attached hereto as Exhibit "A". 4822.7013-6576.1 2 o o o . "Method of Relocation" means the methods or plans adopted by the Commission pursuant to Section 33411 of the Redevelopment Law for the relocation of families, persons, businesses, and nonprofit local community institutions to be temporarily or permanently displaced by actions of the Commission. . "Owner Participation Agreement" means an agreement between the Agency and a property owner or tenant that sets forth terms and conditions for improvement and redevelopment. . "Owner Participation Rules" means the Rules Governing Participation and Reentry Preferences by Property Owners, Operators of Businesses, and Business Tenants for the Project Area. . "Person" means an individual(s), or any public or private entities. . "Plan" means the amended Redevelopment Plan for the Central City North Redevelopment Project. The list of amendments to the Plan is set forth in the first paragraph of Section A(l) of the Plan. . "Project Area" means the redevelopment project area as more particularly described in City Council Ordinance No. 3366 which originally established the territorial boundaries of the Project Area. The provisions of the Plan are applicable to the Project Area. . "Redevelopment Law" means the California Community Redevelopment Law (Health and Safety Code, Sections 33000, et seQ.). . "State" means the State of California. SECTION B. PROJECT AREA BOUNDARIES The boundaries of the Project Area are illustrated on the Map attached hereto and incorporated herein as Exhibit "A". The legal description of the boundaries of the Project Area is as described in Exhibit "B" attached hereto and incorporated herein. SECTION C. REDEVELOPMENT PLAN GOALS (I) Implementation of this Plan is intended to achieve the following goals: (i) Implement the policies, goals, objectives and strategies as presented In the General Plan for the City. (ii) Eliminate and prevent the spread of conditions of blight, including but not limited to: underutilized properties and deteriorating buildings, incompatible and uneconomic land uses, deficient infrastructure and facilities, obsolete structures, 4822.7013-6576.1 3 o o o parking deficiencies and other economic deficiencies, in order to create a more favorable environmental for commercial, office, and residential development. (iii) Provide opportunities for retail and other non-residential commercial and office uses. (iv) Promote the economic development of the Project Area by providing an attractive, well-serviced, well-protected environment for residents and visitors. (v) Improve public facilities and public infrastructure to provide adequate infrastructure facilities and public services. (vi) Promote local job opportunities in the community. (vii) Encourage the cooperation and participation of residents, businesses, business persons, public agencies, and community organizations in the economic revitalization of the Project Area. (viii) Implement design and use standards to assure high aesthetic and environmental quality, and provide unity and integrity to developments within the Project Area. (ix) Provide and regulate the provision of the supply of off-street motor vehicle parking to meeting the needs of both residents and commercial businesses. (x) Remove impediments to land disposition and development through the assembly of property into reasonably sized and shaped parcels served by improved infrastructure and public facilities. (xi) Recycle and/or develop underutilized parcels to eliminate blight and accommodate higher and better economic uses while enhancing the City's financial resources. (xii) Increase home ownership in the residential portion of the Project Area. (xiii) Increase, improve, and preserve the supply of housing. SECTION D. REDEVELOPMENT ACTIONS (I) The Agency proposes to eliminate and prevent the recurrence of blight and improve the economic base of the Project Area by: (i) Acquiring, installing, developing, constructing, reconstructing, redesigning, planning, replanning, or reusing streets, curbs, gutters, sidewalks, traffic control devices, utilities, flood control facilities and other public improvements and public facilities; 4822-7013-6576.1 4 o . (ii) Rehabilitating, altering, remodeling, improving, modernizing, clearing, or reconstructing buildings, structures and improvements; (iii) Rehabilitating, preserving, developing or constructing affordable housing III compliance with State law; (iv) Providing the opportunity for business owners and business tenants presently located in the Project Area to participate in redevelopment projects affecting commercial use properties and programs, and extending preferences to business occupants to remain or relocate within the redeveloped Project Area; (v) Providing relocation assistance to displaced residential and nomesidential occupants, if necessary; (vi) Facilitating the development or redevelopment of land for purposes and uses consistent with this Plan; (vii) Acquiring real property by purchase, lease, gift, grant, request, devise or any other lawful means (including eminent domain), after the conduct of appropriate hearings; (viii) 0 (ix) (x) (xi) (xii) Combining parcels and properties where and when necessary; Preparing building sites and constructing necessary off-site improvements; Providing assistance for first-time homebuyers, housing rehabilitation, and multiple-family rental property rehabilitation programs; Managing property owned or acquired by the Agency; Assisting in procuring financing for the construction of residential, commercial, and office buildings to increase the residential and commercial base of the Project Area, and the number of temporary and permanent jobs in the City; (xiii) Disposing of property including, without limitation, the lease or sale of land at a value determined by the Agency for reuse in accordance with this Plan; (xiv) Establishing controls, restrictions or covenants running with the land, so that property will continue to be used in accordance with this Plan; (xv) Vacating or abandoning streets, alleys, and other thoroughfares, as necessary, and dedicating other areas for public purposes consistent with the objectives of this Plan; c (xvi) Providing replacement housing, if any is required; 4822-7013-6576.1 5 o o o (2) (xvii) Applying for and utilizing grants, loans and any other assistance from federal or State govermnents, or other sources; (xviii) Taking actions the Agency determines are necessary and consistent with State, federal and local laws to make structural repairs to buildings or structures, including historical buildings, to meeting building code standards related to seismic safety. (ixx) Taking actions the Agency determines are necessary and consistent with State, federal and local laws to remedy or remove a release of hazardous substances on, under or from property within the Project Area or to remove hazardous waste from property. (xx) From time to time preparing and carrying out plans for the improvement, rehabilitation, and redevelopment of blighted areas, disseminating redevelopment information and creating a variety of economic development programs which will help build a stronger economic base within the Project Area. An Agency program may consist of assisting businesses with the following: advertising in brochures, promoting trade fairs, creating displays, developing videos, and any other appropriate media which will attract other businesses and consumers to the area. The Agency may also assist with job training programs, moving expenses, and providing other incentives to attract industrial type businesses to the area such as tax credits; (xxi) Assisting businesses in the Project Area with favade improvements and general rehabilitation by providing loans and grants; (xxii) Cooperating with the City to accomplish any of the foregoing goals. To accomplish these actions and to implement this Plan, the Agency is authorized to use the powers provided in this Plan, and the powers now or hereafter permitted by the Redevelopment Law and any other State law. The Agency may acquire real property, any interest in property, and any improvements on it by any means authorized by law including, without limitation, by gift, grant, exchange, purchase, cooperative negotiations, lease, option, bequest, devise or eminent domain. To the extent required by law, the Agency shall not acquire real property on which an existing building is to be continued on its present site and in its present form and use without the consent of the owner, unless: (I) such building requires structural alteration, improvement, modernization or rehabilitation; or (2) the site or lot on which the building is situated requires modification in size, shape or use; or (3) it is necessary to impose upon such property any of the standards, restrictions and controls of this Plan and the owner fails or refuses to participate in the Plan by executing an Owner Participation Agreement. 4822.7013-6576.1 6 o o o (3) Except as otherwise provided herein, or otheIWise provided by law, no eminent domain proceeding to acquire property within the Project Area shall be commenced after the termination date of this Plan. Acquisition of Personal Propertv Where necessary in the implementation of this Plan, the Agency is authorized to acquire personal property in the Project Area by any lawful means. (4) Owner Participation This Plan provides for participation in the redevelopment of property in the Project Area by the owners of all or part of such property if the owners agree to participate in the redevelopment in conformity with this Plan. Opportunities to participate in the redevelopment of property in the Project Area may include without limitation the rehabilitation of property or structures; the retention of improvements; the development of all or a portion of the participant's property; the acquisition of adjacent or other properties from the Agency; purchasing or leasing properties in the Project Area; participating with developers in the improvement of all or a portion of a participant's properties; or other suitable means consistent with objectives and proposals of this Plan and with the Agency's rules governing owner participation and re-entry. In addition to opportumtles for participation by individual persons and firms, participation, to the extent it is feasible, shall be available for two or more persons, firms or institutions, to join together in partnerships, corporations, or other joint entities. The Agency desires participation in redevelopment activities by as many owners and business tenants as possible. However, participation opportunities shall necessarily be subject to a number of factors, including but not limited to the expansion of public utilities or facilities; elimination and changing of land uses; realignment of streets; the ability of the Agency and/or owners and business tenants to finance acquisition and development activities in accordance with this Plan; and whether the proposed activities conform to and further the goals and objectives of this Plan. (5) Reentry Preferences for Persons Engaged in Business in the Proiect Area The Agency shall extend reasonable preferences to persons who are engaged in business in the Project Area to relocate and reenter in business in the redeveloped area, if they otheIWise meet the requirements prescribed by this Plan and the Agency's Owner Participation Rules. (6) Owner Participation Agreements 4822-7013-{;S76.\ 7 o o o (7) (8) Under an Owner Participation Agreement, the participant shall agree to rehabilitate, develop, or use the property in conformance with this Plan and be subject to the provisions hereof. Pursuant to the Owner Participation Agreement, participants who retain real property shall be required to join in the recordation of such docwnents as are necessary to make the provisions of this Plan applicable to their properties. In the event a participant breaches the terms of an Owner Participation Agreement, the Agency may declare the Agreement terminated and may acquire the real property or any interest therein, and may sell or lease such real property or interest therein for rehabilitation or development in accordance with this Plan. If conflicts develop between the desires of participants for particular sites or land uses, the Agency is authorized to establish reasonable priorities and preferences among the owners and tenants. Where the Agency determines that a proposal for participation is not feasible, is not in the best interests of the Agency or City, or that redevelopment can best be accomplished without affording a participant an opportunity to execute an Owner Participation Agreement, the Agency shall not be required to execute such an agreement. Imolementing Rules The provisions of Section 0(4) - (6) of this Plan shall be implemented according to the Owner Participation Rules adopted by the Agency. The Owner Participation Rules allow for Owner Participation Agreements with the Agency. The Owner Participation Rules may be amended from time to time as set forth therein by the Commission. Coooeration with Public Bodies Certain public bodies are authorized by State law to aid and cooperate, with or without consideration, in the planning and implementation of activities authorized by this Plan. The Agency shall seek the aid and cooperation of such public bodies and shall attempt to coordinate the implementation of this Plan with the activities of such public bodies in order to accomplish the purposes of redevelopment and to achieve the highest public good. The Agency is authorized to acquire real property devoted to public use, but property of a public body shall not be acquired without its consent. The Agency shall seek the cooperation of all public bodies, which own or intend to acquire property in the Project Area. All plans for development of property in the Project Area by a public body shall be subject to Agency approval. The Agency is authorized, to the extent permissible by law, to financially (and otherwise) assist public bodies in the cost of public land, buildings, facilities, structures or other improvements (within or outside the Project Area) where such land, buildings, facilities, structures, or other improvements are of benefit to the Project Area. 4822.7013<;576.1 8 o o o (9) ~ Propertv Management During such time as property, if any, in the Project Area is owned by the Agency, such property shal1 be under the management and control of the Agency. Such properties may be rented or leased by the Agency pending their disposition. (10) Payments to Taxing Agencies (11) (12) (13) The Agency may pay, but is not required to pay, in any year during which it owns property in the Project Area that is tax exempt, directly to any City, County or district, including, but not limited to, a school district, or other public corporation for whose benefit a tax would have been levied upon such property had it not been tax exempt, an amount of money in lieu of taxes that may not exceed the amount of money the public entity would have received if the property had not been tax exempt. Relocation of Persons Displaced bv a Proiect In accordance with the provisions of the California Relocation Assistance Law (Government Code Section 7260, et sell.), the guidelines adopted and promulgated by the California Department of Housing and Community. Development (the "Relocation Guidelines") and the specific method of relocation adopted by the Agency prior to the acquisition of any land for a project which displaces a significant number of persons, the Agency shall provide relocation benefits and assistance to al1 persons (including families, business concerns and others) displaced by Agency acquisition of property in the Project Area or as otherwise required by law. In order to carry out a redevelopment project with a minimum of hardship, the Agency will assist displaced households in finding decent, safe and sanitary housing within their financial means and otherwise suitable to their needs. The Agency shal1 make a reasonable effort to relocate displaced individuals, families, and commercial and professional establislunents within the Project Area. The Agency is also authorized to provide relocation for displaced persons outside the Project Area. Demolition and Clearance The Agency is authorized, for property acquired by the Agency or pursuant to an agreement with the owner of property, to demolish, clear or move buildings, structures, or other improvements from any real property as necessary to carry out the purposes of this Plan. Public Improvements To the extent permitted by law, the Agency is authorized to instal1 and construct or to cause to be instal1ed and constructed the public improvements and public utilities (within or outside the Project Area) necessary to carry out the purposes of this Plan. Such public improvements include, but are not limited to: over and underpasses; bridges; streets; curbs; gutters; sidewalks; street lights; sewers; storm drains; traffic signals; electrical 4822-7013-6576.1 9 () o o distribution systems; natural gas distribution systems; cable TV systems; water distribution systems; parks; plazas; playgrounds; motor vehicle parking facilities; pedestrian improvements, or other improvements allowed by Redevelopment Law. All utility improvements will be completed pursuant to Chapters 12.40 and 12.44 of the San Bernardino Municipal Code. The Agency, as it deems necessary to carry out the Plan and subject to the consent of the Common Council, may pay all or part of the value of the land for and the cost of the installation and construction of any building allowed by Redevelopment Law, facility structure or other improvement which is publicly owned either within or outside the Project Area, upon both the Agency and the Common Council making the applicable determinations required pursuant to the Redevelopment Law. When the value of such land or the cost of the installation and construction of such building, facility, structure or other improvement, or both, has been, or will be, paid or provided for initially by the City or other public corporation, the Agency may enter into a contract with the City or other public corporation under which it agrees to reimburse the City or other public corporation for all or part of the value of such land or all or part of the cost of such building, facility, structure or other improvements, or both, by periodic payments over a period of years. Any obligation of the Agency under such contract shall constitute an indebtedness of the Agency for the purposes of carrying out this Plan. I (14) PrJaration of Building Site I (15) The Agency may develop as a building site any real property owned or acquired by it. In connection with such development it may cause, provide, or undertake or make protisions with other agencies for the installation, or construction of streets, utilities, parks, playgrounds and other public improvements necessary for carrying out this Plan in the 'Project Area. I Removal of Hazardous Substances To the extent authorized under the Redevelopment Law, the Agency may take any actions that the Agency determines are necessary and which are consistent with other State and federal laws, to remedy or remove a release of hazardous substances on, under, or from property within the Project Area. For the purposes of this Section D(15) the words "hazardous substance" means and refers to any material or substance defined as a "hazardous substance" under Section 33459(c) of the Redevelopment Law. (16) Rehabilitation and Conservation The Agency is authorized to rehabilitate and conserve, or to cause to be rehabilitated and conserved, any property, building or structure in the Project Area owned by the Agency. The Agency is also authorized to advise, encourage, and assist (through a loan program or otherwise) in the rehabilitation and conservation of property, buildings or structures in the Project Area not owned by the Agency to the extent permitted by the Redevelopment 4822-7013-6576.1 10 o o o Law. The Agency is authorized to acquire, restore, rehabilitate, move and conserve buildings of historic or architectural significance. It is the purpose of this Plan to allow for the retention of as many existing businesses as practicable and to enhance the economic life of these businesses by a program of voluntary participation in their conservation and rehabilitation. The Agency is authorized to conduct a program of assistance and enforcement to encourage property owners within the Project Area to upgrade and maintain their property consistent with this Plan and such standards as may be developed for the Project Area. The extent of rehabilitation in the Project Area shall be subject to the discretion of the Agency based upon such objective factors as: a. Compatibility of rehabilitation with land uses as provided for in this Plan. b. Economic feasibility of proposed rehabilitation and conservation activity. c. Structural feasibility of proposed rehabilitation and conservation activity. d. The undertaking of rehabilitation and conservation activities in an expeditious manner and in conformance with the requirements of this Plan and such property rehabilitation standards as may be adopted by the Agency. e. The need for expansion of public improvements, facilities and utilities. f. The assembly and development of properties in accordance with this Plan. The Agency may adopt property rehabilitation standards for the rehabilitation of properties in the Project Area. (17) Moving of Structures As necessary in carrying out this Plan, the Agency is authorized to move, or to cause to be moved, any building, structures or other improvements from any real property acquired which can be relocated to a location within or outside the Project Area, and rehabilitated. (18) Seismic Repairs For any project undertaken by the Agency within the Project Area for building rehabilitation or alteration in construction, the Agency may, be following all applicable procedures which are consistent with local, State and federal law, take those actions which the Agency determines are necessary to provide for seismic retrofits. 4822.7013-6576.1 11 o o o - (19) Real Propertv Disposition and Development (20) For the purposes of this Plan, the Agency is authorized to sell, lease, exchange, subdivide, transfer, assign, pledge, encumber by mortgage or deed of trust, or otherwise dispose of any interest in real property. To the extent permitted by law, the Agency is authorized to dispose of real property by negotiated sale or lease without public bidding. Except as otherwise permitted by law, before any interest in property of the Agency acquired in whole or in part, directly or indirectly, with tax increment moneys is sold or leased for development pursuant to this Plan, such sale or lease shall be first approved by the Common Council after public hearing. Except as otherwise permitted by law, no real property acquired by the Agency, in whole or in part, directly or indirectly, with tax increment, or any interest therein, shall be sold or leased for development pursuant to the Plan for an amount less than its fair market value, or the fair reuse value at the use and with the covenants, conditions and development costs authorized by the sale or lease. Unless otherwise permitted by law, the real property acquired by the Agency in the Project Area shall be leased or sold, except property conveyed by the Agency to the community or any other public body. Any such lease or sale shall be conditioned on the redevelopment and use of the property in conformity with the Plan. Real Property may be conveyed by the Agency to the City, and where beneficial to the Project Area, to any other public body with charge or for an amount less than fair market value. All purchasers or lessees of property from the Agency shall be obligated to use the property for the purposes consistent with this Plan, to begin and complete the improvement of such property within a period of time which the Agency fixes as reasonable, and to comply with other conditions which the Agency deems necessary to carry out the purposes of this Plan. During the period of redevelopment in the Project Area, the Agency shall ensure that all provisions of this Plan, and other documents formulated pursuant to this Plan, are being observed, and that development of the Project Area is proceeding in accordance with applicable development documents and time schedules. All development, whether public or private, must conform to this Plan and all applicable federal, State, and local laws, including without limitation the City's planning and zoning ordinances, building, environmental and other land use development standards. Such development must receive the approval of all appropriate public agencies. Purchase and Development Documents To provide adequate safeguards to ensure that the provisions of this Plan will be carried out and to prevent the recurrence of blight, all real property sold, leased, or conveyed by the Agency, as well as all property subject to Owner Participation Agreements, shall be made subject to the provisions of this Plan by leases, deeds, contracts, agreements, 4822.7013-6576.1 12 o o 10 (21) - declarations of restrictions, provisions of the planning and zoning ordinances of the City, conditional use permits, or other means. Where appropriate, as determined by the Agency, such documents or portions thereof shall be recorded in the office of the Recorder of the County. Leases, deeds, contracts, agreements, and declarations of restrictions of the Agency may contain restrictions, covenants, and covenants running with the land, rights of reversion by the owner, or any other provisions necessary to carry out this Plan. The Agency shall reserve such powers and controls in Disposition and Development Agreements or similar agreements as may be necessary to prevent transfer, retention, or use of property for speculative purposes and to ensure that redevelopment is carried out pursuant to this Plan. Tbe Agency shall obligate purchasers and lessees of real property acquired in redevelopment projects and owners of property improved as part of a redevelopment project to refrain from discrimination or segregation based upon race, color, creed, religion, national origin, ancestry, sex, or marital status in the sale, lease, sublease, transfer, use occupancy, tenure or enjoyment of property in the Project Area. All property sold, leased, conveyed, or subject to Disposition and Development Agreements shall be expressly subject by appropriate documents to the restriction that all deeds, leases, or contracts for the sale, lease, sublease or other transfer of land in the Project Area shall contain such nondiscrimination and non-segregation clauses as are required by law. Personal Propertv Disposition For the purposes of this Plan, the Agency is authorized to sell, lease, exchange, subdivide, transfer, assign, pledge, encumber, or otherwise dispose of personal property. (22) Provision for Low and Moderate Income Housing Unless otherwise permitted or required by law, the terms "affordable housing cost", "replacement dwelling unit", "persons and families of low or moderate income", "substantially rehabilitated dwelling units" and "very low income households" as used herein shall have the meanings as now defined by the Redevelopment Law, or may hereafter be amended, and other State and local laws and regulations pertaining thereto. The Agency may, inside or outside the Project Area: acquire real property, buildings sites, buildings or structures, donate real property, improve real property or building sites, construct or rehabilitate buildings or structures, and take any other such actions as may be permitted by the Redevelopment Law, in order to provide housing for persons and families oflow or moderate income. 4822-7013~576.1 13 o o o (23) Reolacement Housing I Except as otherwise permitted by law, whenever dweIling units housing persons and families of low or moderate income are destroyed or removed from the low and moderate inco'\ne housing market as part of a redevelopment activity in the Project Area, the Agency shall, within four years of such destruction or removal, rehabilitate, develop or construct, or cause to be rehabilitated, developed or constructed, for rental or sale to persons and families of low or moderate income, an equal number of replacement dwelling units which have an equal or greater number of bedrooms as those destroyed or removed units at affordable housing costs within the territorial jurisdiction of the Agency. Except as otherwise permitted by law, seventy-five percent (75%) of the replacement dwelling units shall replace dwelling units available at affordable housing costs in the same income level of very low income households, lower income households, and persons and families of low and moderate income as the persons displaced from those units destroyed. The Agency may replace destroyed or removed dweIling units housing persons and families of low or moderate income with a fewer number of replacement dweIling units if the replacement dwelling units have a greater or equal number of bedrooms and are affordable to the same income level of households as the destroyed or removed units to the extent permissible by law as it now exists or may hereafter be amended. (24) New or Rehabilitated Dwelling Units Develooed Within the' Proiect Area Unless otherwise permitted by law, at least thirty percent (30%) of all new and substantially rehabilitated dwelling units developed by the Agency shall be available at affordable housing cost to persons and families of low or moderate income, and such dwelling units, not less than fifty percent (50%) of these shall be available to an occupied by very low income households. Unless otherwise permitted by law, at least fifteen percent (15%) of all new and substantially rehabilitated dwelling units developed within the Project Area by public or private entities or persons other than the Agency shall be available at affordable housing cost to persons and families of low or moderate income and of such fifteen percent (15%), not less than forty percent (40%) shall be available at affordable housing cost to very low income households. TIle percentage requirements set forth in this Section shall apply independently of the requirements of the preceding section of this Plan pertaining to "Replacement Housing", and in the aggregate to the supply of housing to be made available pursuant to this Section and not to each individual case of rehabilitation, development or construction of dwelling units. Pursuant to Section 33413(b)(4) of the Redevelopment Law, the Agency shall prepare and adopt a plan to comply with the requirements set forth above, for the Project Area. The Plan shall be consistent with, and may be included within the Housing Element of the City's General Plan. Unless otherwise permitted by law, the plan shall be reviewed and, if necessary, amended at least every five (5) years in conjunction with the housing element cycle. 4822-7013-6576.1 14 o o o (25) (26) (27) Except as otherwise permitted by law, the Agency shall require, by contract or other appropriate means, that whenever any low and moderate income housing units are developed within the Project Area, such units shall be made available on a priority basis for rent or purchase, whichever the case may be, to persons and families of low or moderate income displaced by the redevelopment activities of the Agency in the Project Area; provided however, that failure to give such priority shall not affect the validity of title to the real property upon which such housing units have been developed. Duration of Dwelling Unit Availabilitv Unless otherwise permitted by law, the Agency shall require the aggregate number of dwelling units rehabilitated, developed or constructed pursuant to Section D(21) and D(22) ofthis Plan to remain available at affordable housing cost to very low income, low income, and moderate income households for the longest feasible time, as determined by the Agency, but for not'less than the period required by the applicable provisions of the Redevelopment Law. Relocation Housing If insufficient suitable housing units are available in the City for use by persons and families of low or moderate income displaced by the redevelopment activities of the Agency, the Agency may, to the extent of that deficiency, direct or cause the development, rehabilitation or construction of housing units within the City, both inside and outside the Project Area. Increased and Improved Supplv Subject to the provisions of Commission Resolution No. 5237, and the indebtedness of the Agency incurred prior to adoption of Commission Resolution No. 5237, and except as otherwise permitted by law, not less than twenty percent (20%) of all taxes which are allocated to the Agency pursuant to subdivision (b) of Section 33670 of the Redevelopment Law shall be used. by the Agency for the purposes of increasing, improving and preserving the City's supply of low and moderate income housing available at affordable housing cost as defined by Section 50052.5 of the California Health and Safety Code, to persons and families of low or moderate income, as defined in Section 50093 of the California Health and Safety Code, and very low income households, as defined in Section 50105 of the California Health and Safety Code, unless one or more applicable findings are made pursuant to the Redevelopment Law. The funds for this purpose shall be held in a separate Low and Moderate Income Housing Fund until used. Any interest eamed by such Low and Moderate Income Housing Fund shall accrue to the Housing Fund. In implementing this Section 27 of the Plan, the Agency may exercise any or all of its powers including, but not limited to, the following: 4822-7013-6576.1 15 o o o - 1. Acquire real property or building sites subject to Section 33334.16 of the Redevelopment Law. 2. Improve real property or building sites with on-site or off-site improvements, but only if either (A) the improvements are made as part of a program which results in the new construction or rehabilitation of affordable housing units for low- or moderate-income persons that are directly benefited by the improvements or (B) the agency finds that the improvements are necessary to eliminate a specific condition that jeopardizes the health or safety of existing low- or moderate- income residents. 3. Donate real property to private or public persons or entities. 4. Finance insurance premiums pursuant to Section 33136 of the Redevelopment Law. 5. Construct buildings or structures. 6. Acquire buildings or structures. 7. Rehabilitate buildings or structures. 8. I I I Provide subsidies to, or for the benefit of, very low income households, as defined by Section 50105 of the California Health and Safety Code, lower income households, as defined by Section 50079.5 of the California Health and Safety Code, or persons and families of low or moderate income, as defined by Section 50093 of the California Health and Safety Code, to the extent those households cannot obtain housing at affordable costs on the open market. Housing units available on the open market are those units developed without direct government subsidies. 9. Develop plans, pay principal and interest on bonds, loans, advances, or other indebtedlless or pay financing or carrying charges. 10. Maintain the community's supply of mobile homes. 11. Preserve the availability to lower income households of affordable housing units in housing developments which are assisted or subsidized by public entities and which are threatened with imminent conversion to market rates. The Agency may use these low and moderate income funds to meet, in whole or in part, the replacement housing provisions in Section D(23) of this Plan. These funds may be used inside or outside the Project Area; however, these funds may be used outside the Project Area only if findings of benefit to the Project Area are made pursuant to the Redevelopment Law. 4822-7013-6576.1 16 o o o (1) (28) Duration of Affordability Except as provided in Section 33334.3 of the Redevelopment Law, or as otherwise permitted by law, all new or substantially rehabilitated housing units developed or otherwise assisted with moneys from the Low and Moderate Income Housing Fund pursuant to an agreement approved by the Agency shall be required to remain available at affordable housing costs to persons and families of low or moderate income and very low income households for the longest feasible time, but for not less than the following periods oftime: a. Fifty five (55) years for rental units; b. Forty five (45) years for owner-occupied units. However, the Agency may permit sales of owner-occupied units prior to the expiration of the 45- year period for a price in excess of that otherwise permitted under this subdivision pursuant to an adopted program that protects the Agency's investment of moneys from the Low and Moderate Income Housing Fund. SECTION E. USES PERMITTED IN THE PROJECT AREA Map and Uses Permitted Pursuant to Section 33333 of the Redevelopment Law, the map, attached hereto as Exhibit A and incorporated herein, illustrates the location of the Project Area boundaries, the . immediately adjacent streets, and existing public rights-of-way. The land uses permitted by this Plan shall be those permitted by the General plan and City zoning ordinances as they now exist or may hereafter by amended. (2) Maior Land Uses (as now provided in the General Plan) Major land uses permitted within the Project Area shall include: Commercial Office (CO-I), Commercial General (CG-l) Commercial Regional (CR-2), Public Facility (PF) Residential Medium (RM), Residential Medium Heavy (RMH) The areas shown in the map, Exhibit "An, may be used for any ofthe uses specified for or permitted within such areas by the General plan and zoning ordinances as they exist or are hereafter amended in the future. (3) Public Street Layout. Rights-of-Way and Easements Pursuant to Section 33333(a) of the Redevelopment Law, the public street system for the Project Area is illustrated on the Project Area Map identified as Exhibit A. The street 4822.7013-{;576.1 17 .... o o o (4) (5) system in the Project Area shall be developed in accordance with the Circulation Element ofthe General Plan. Primary streets in the Project Area include: Arrowhead Avenue 4th 51h 61h 7th and 81h Streets , , , Court Street D, E, F G and H Streets Certain streets and rights-of-way may be constructed, widened, altered, abandoned, vacated, or closed by the city as necessary for proper development of the Project Area. Additional easements may be created by the Agency and/or the City in the Project Area as needed for proper development and circulation. The public rights-of-way shall be used for vehicular, bicycle and/or pedestrian traffic as well as for public improvements, public and private utilities, an activities typically found in the public rights-of-way. . In addition, all necessary easements for the public uses, public facilities, and public utilities may be retained or created. Other Public and Open Space Uses Both within and, where appropriate, outside of the Project Area, the Agency is authorized to permit, establish, or enlarge public, institutional, non-profit uses, including, but not limited to, schools; community centers; auditorium and civic center facilities; criminal justice facilities; park and recreational facilities; parking facilities; transit facilities; libraries; hospitals; facilities for educational, fraternal, philanthropic and charitable institutions; or other similar associations or organizations allowed by Redevelopment Law. All such uses shall be deemed to conform to the provisions of this Plan provided thatisuch uses conform with all other applicable laws and ordinances and that such uses are approved by the City. The Agency may impose such other reasonable restrictions as are necessary to protect development and uses in the Project Area. Pursuant to Section 33333(a) of the Redevelopment Law, there is currently 68.58 acres which is designated as open space in the Project Area, and as of the date of adoption of the 2004 amendment to this Plan, there are no specific plans for the provision of other open space, or property to the devoted to public purposes in the Project Area. Pursuant to Section 33333(d) of the Redevelopment Law, there is 12.53 acres designated by the General Plan as devoted to public purposes within the Project Area. Conforming Properties The Agency may, in its sole and absolute discretion, determine that the prospective acquisition by the Agency of certain real properties within the Project Area in order to foster the elimination of blight and the implementation of this Plan, is not required at the time of such determination, and the owners of such properties may be permitted to remain, as owners of conforming properties, provided such owners continue to operate, use, maintain the real properties within the requirements of this Plan. An owner of a conforming property may be required by the Agency to enter into an Owner Participation Agreement with the Agency in the event that such owner desires to (I) construct any additional improvements or substantially alter or modify existing structures on any of the 4822-7013~576.1 18 o o o (6) real property described above as conforming; or (2) acquire additional property within the Project Area. General Controls and Limitations All real property in the Project Area is hereby made subject to the controls and requirements of this Plan. No real property shall be developed, redeveloped, rehabilitated, or otherwise changed after the date of the adoption of this Plan except in conformance with the goals and provisions of this Plan and all applicable City codes and ordinances. The type, size, height, number and use of buildings within the Project Area will be controlled by the applicable City planning and zoning ordinances as they now exist or may hereafter be amended. (7) Number of Dwelling Units (8) The total number of dwelling units in the Project Area shall be regulated by the General Plan. As of the date of adoption of the 2004 amendment to the Plan, there are approximately 808 dwelling units in the Project Area. Pursuant to Section 33333(c) of the Redevelopment Law, portions of the Project Area are designated as residential uses in the General Plan. ()Pen Space and Landscaping The approximate amount of open space to be provided in the Project Area is the total of all areas so designated in the Land Use Element of the General Plan and those areas in the public rights-of-way provided through site coverage limitations on new development as established by the City and this Plan. Landscaping shall be developed in the Project Area to ensure optimum use ofliving plant material in conformance with the standards of the City. (9) Limitations on Tvoe. Size. Height. Number and Proposed Use of Buildings (10) Pursuant to Section 33333(b) of the Redevelopment Law, the limits on building type, size, height, and number, as well as proposed uses of buildings shall be established in accordance with the provisions of the General Plan and the zoning ordinances, as they now exist or are hereafter amended. Diagram(s) and general descriptions of these limitations are provided in the General Plan and the zoning ordinances. Signs All signs shall conform to the City's requirements. Design of all proposed new signs shall be submitted prior to installation to the appropriate governing bodies of the City and/or the Agency for review and approval pursuant to the Municipal Code of the City and procedures permitted by this Plan. New signs must contribute to a reduction in sign blight. 4822-7013-6576.1 19 o o o I I (11) Utilities The Agency shall require that all utilities be placed underground whenever the Agency determines that such undergrounding is physically possible and economically feasible. (12) Incomoatible Uses No use of structure which is by reason of appearance, traffic, parking, smoke, glare, noise, odor, or similar factors incompatible with the surrounding areas, structures, or uses shall be authorized in any part of the Project Area, except as otherwise permitted by the City. (13) Subdivision of Parcels No parcels in the Project Area shall be consolidated, subdivided or re-subdivided without the approval of the City, and the approval by the Agency of an Owner Participation Agreement with the owner of such parcel, or the express written waiver by the Agency of the requirement to enter into an Owner Participation Agreement for such parcel. (14) Minor Variations The Agency is authorized to permit minor variations from the limits, restrictions and controls established by this Plan. In order to permit any such variation, the Agency must determine all the following: a. The application of certain provisions of this Plan would result in practical difficulties or unnecessary hardships inconsistent with the general purposes and intent of this Plan. b. There are exceptional circumstances or conditions applicable to the property or to the intended development of the property, which do not apply generally to other properties having the same standards, restrictions, and controls. c. Permitting a variation will not be materially detrimental to the public welfare or injurious to property or improvements in the area. d. Permitting a variation will not be contrary to the objectives of this Plan. No such variation shall be granted which permits other than a minor departure from the provisions of this Plan. In permitting any such variation, the Agency shall impose such conditions as are reasonably necessary to protect the public health, safety, or welfare, and to assure compliance with the purposes of this Plan. 4822-7013-6576.1 20 o o o (IS) Design for Develooment In the case of property, which is the subject of a Disposition and Development Agreement or an Owner Participation Agreement with the Agency, such property shall be developed in accordance with the provisions of such Agreement. One of the objectives of this Plan is to create an attractive and pleasant environment in the Project Area. Therefore, such plans shall give consideration to good design, open space and other amenities to enhance the aesthetic quality of the Project Area. (16) Building Permits Any building permit that is issued for the rehabilitation or construction of any new building or any addition, construction, moving, conversion or alteration to an existing building in the Project Area following the date of the 2004 amendment to the Plan must be in conformance with the provisions of this Plan, and any applicable Owner Participation Agreement or Disposition and Development Agreement. The Agency is authorized to establish permit procedures and approvals required for purposes of this Plan. A Building permit shall be issued only after the applicant for same has been granted all approvals required by the City and the Agency at the time of the application. SECTION F. METHODS FOR FINANCING THE PROJECT (I) Proiect Financing The estimated net cost for the entire project area is approximately $10,280,000 of which approximately $1,924,000 is expected to be provided by the Federal Government since a portion of this project is anticipated to receive Federal participation on a two-thirds Federal and one-third Local basis. Funds to cover the local share will be procured by the Redevelopment Agency under the provisions of the California Community Redevelopment Law, Section 33600 through 33605 and 33640 through 33646, as follows: [From Section 33600 of the Redevelopment Law]: An agency may accept financial or other assistance from any public or private source, for the agency's activities, power, and duties, and expend any funds so received for any of the purposes ofthis part. [From Section 33601 of the Redevelopment Law]: An agency may borrow money or accept financial or other assistance from the state or federal government or any other public agency for any redevelopment project within its area of operation, and may comply with any conditions of such loan or grant. An agency may borrow money (by the issuance of bonds or otherwise) or accept financial or other assistance from any private lending institution for any redevelopment project for 4822-7013-6576.1 21 o o o any of the pwposes of this part, and may execute trust deeds or mortgages on any real or personal property owned or acquired. [From Section 33602 of the Redevelopment Law]: "Bonds" means any bonds, notes, interim certificates, debentures, or other obligations issued by an agency pursuant to Articles 5 (commencing with Section 33640) of this chapter. [From Section 33603 of the Redevelopment Law]: An agency may invest any money held in reserves or sinking funds, or any money not required for immediate disbursement, in property or securities in which savings banks may legally invest money subject to their control. [From Section 33604 of the Redevelopment Law]: If an agency ceases to function, any swplus funds existing after payment of all its obligations and indebtedness shall vest in the community. [From Section 33605 of the Redevelopment Law]: In connection with the issuance and sale of preliminary loan notes, secured by a requisition agreement with the United States of America, the agency may delegate to one or more of its agents or employees the powers or duties it deems proper. [From Section 33640 of the Redevelopment Law]: From time to time an agency may, subject to the approval of the legislative body, issue bonds for any of its corporate purposes. An agency may also, subject to the approval of the legislative body, issue refunding bonds for the purpose of paying or retiring bonds previously issued by it. [From Section 33641 of the Redevelopment Law]: An agency may issue such types of bonds as it may determine including bonds on which the principal and interest are payable: a. I Exclusively from the income and revenues of the redevelopment projects financed with the proceeds of the bonds, or with such proceeds together with financial assistance from the State or Federal Government in aid of the projects. b. Exclusively from the income and revenues of certain designated redevelopment projects whether or not they were fmanced in whole or in part with the proceeds of the bonds. c. In whole or in part from taxes allocated to, and paid into a special fund of the agency pursuant to the provisions of Article 6 (commencing with Section 33670) ofthis chapter. d. In whole or in part from taxes imposed pursuant to Section 7280.5 of the Revenue and Taxation Code which are pledged therefore. e. From its revenues generally. 4822-7013-6576.1 22 o f. From any contributions or other financial assistance from the State or Federal Government. I g. I By any combination of these methods. . [From Section 33642 of the Redevelopment Law]: Any of such bonds may be additionally secured by a pledge of any revenues or by encumbrance by mortgage, deed of trust, or otherwise of any redevelopment project or other property of the agency or by a pledge of the taxes referred to in subdivision (c) of Section 33641, or by any combination thereof. [From Section 33643 of the Redevelopment Law]: Neither the members of any agency nor any persons executing the bonds are liable personally on the bonds by reason of their issuance. [From Section 33644 of the Redevelopment Law]: The bonds and other obligations of any agency are not a debt of the community, the State, or any of its political subdivisions and neither the community, the State, nor any of its political subdivisions is liable on them, nor in the event shall the bonds or obligations be payable out of any funds or properties other than those of the agency; and such bonds and other obligations shall so state on their face. The bonds do not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction. I [From Section 33645 of the Redevelopment Law]: The Agency may authorize bonds by . resolution. The resolution, trust indenture, or mortgage may provide for: I a. The issuance of bonds in one or more series. o e. f. g. h. 0 1. 4822-7013<i576.l b. The date the bonds shall bear. c. The maturity dates of the bonds. d. The interest rate, not exceeding the maximum rate fixed for bonds of cities under Chapter 4 (commencing with Section 43600) Division 4, Title 4 of the Government Code. The denomination of the bonds. Their form, either coupon or registered. The conversion or registration privileges carried by the bonds. The rank or priority of the bonds. The manner oftheir execution. 23 o o o J. The medium of payment. k. The place ofpayment. I. The terms of redemption with or without premium to which the bonds are subject. [From Section 33646 of the Redevelopment Law]: The bonds may be sold at par less a discount of not to exceed 5%, at public sale held after notice published once at least five days prior to the sale in a newspaper of general circulation published in the community, or, if there is none, in a newspaper of general circulation published in the County. The bonds may be sold at not less than par to the federal government at private sale without any advertisement. (2) Time Limit on Establishing Loans. Advances and Indebtedness The principal amount of bonded indebtedness (issued pursuant to Section 33640, et ~., of the Health and Safety Code) to be repaid in whole or in part from such allocations of taxes, and which can be outstanding at one time, as applicable to the Redevelopment Project, shall not exceed the sum offorty million dollars ($40,000,000) without an amendment of this Plan." (3) Limitation on Number of Dollars of Taxes Which May Be Divided and Allocated to Agency a. A limitation on the number of dollars of taxes which may be divided and allocated to the Agency need not be specified as a dollar value limitation so long as a limitation does in fact exist to enable the Agency to reasonably determine a limitation on such amounts when certain financial variables are known. Taxes shall not be divided and shall not be allocated to the Agency beyond such limitation, except by amendment of this Plan. The dollar amount of taxes which may be divided and allocated to the Agency ("tax allocations") pursuant to subsection 2 of this Section "F" in any fiscal year shall be a figure derived by multiplying the maximum annual debt service (as hereinafter defined) on those forms of indebtedness as further provided in Paragraph "b" below and payable from the tax increment revenues attributable to the Redevelopment project by a factor of 1.75 ("coverage"). As used herein, maximum annual debt service means the largest of the sums obtained for any fiscal year after the computation is made by totaling the following for each such fiscal year: (1) the principal amount of all serial Bonds and serial parity Bonds payable in such fiscal year; and (2) the amount in minimum sinking fund payments; (3) the interest which would be due during such fiscal year on the aggregate principal amount of Bonds and parity Bonds which would be outstanding in such fiscal year if the Bonds and 4822-7013-6576.\ 24 o o o 4822-7013-6576.\ - parity Bonds outstanding on the date of such computation were to mature or be redeemed in accordance with the maturity schedule or schedules for the serial Bonds and serial parity Bonds and the schedule or schedules of minimum sinking fund payments for term Bonds and term parity Bonds; (4) any other optional or mandatory call and redemption of bonds; and (5) the principal and interest due and payable in each fiscal year of the agency with respect to loans, notes, contractual obligations or other forms of indebtedness payable to third parties either in whole or in part from the tax allocations. At the time and for the purpose of making such computation, the amount of term Bonds and term parity Bonds already retired in advance of the above-mentioned schedule or schedules shall be deducted pro rate from the remaining amounts thereon. b. The principal amount of the tax allocation bonded indebtedness applicable to the Redevelopment Project issued pursuant to Section 33650, et ~., of the Health and Safety Code, exclusive of (i) sales and use tax revenue bonds or other similar bonded indebtedness or contractual obligations, (ii) other Agency subordinated contractual obligations payable from tax allocations and, (iii) other forms of indebtedness and City and/or Agency indebtedness payable from tax allocations, which can be outstanding at anyone time and payable in whole or in part from tax allocations attributable to the Redevelopment Project shall be limited to forty million dollars ($40,000,000) if and to the extent the same is serviceable solely from tax allocations, applying to such tax allocations the 1.75 coverage test as set forth above to so determine the total amount of tax allocations to be allocated to the Agency for the debt service requirements on such tax pursuant to said Section 33640 in addition to that amount required for the repayment of principal and interest on such other Agency subordinated contractual obligations payable from tax allocations and other forms of indebtedness and City and/or Agency indebtedness payable from tax allocations; provided, however, that if other sources of payment are lawfully combined with tax allocations, there shall be no limit as to the amount of bonded indebtedness serviceable from such other source of funds, except as to that portion of the total tax allocation bonded indebtedness which is attributable to being serviced from tax allocation which shall not at anyone time exceed such figure of forty million ($40,000,000) principal amount outstanding as set forth above applying the same coverage test to determine the total oCtax allocations which shall be available to the Agency. 25 o o o SECTION G. ACTIONS BY THE CITY The City shall aid and cooperate with the Agency in carrying out this Plan and shall take all reasonable actions necessary to ensure the continued fulfillment of the purposes of this Plan and to prevent the recurrence or spread in the Project Area of conditions of blight. Actions by the City may include, but shall not be limited to, the following: (A) Institution and completion of proceedings for opening, closing, vacating, widening, or changing the grades of streets, alleys, and other public rights-of-way, and for other necessary modifications of the streets the street layout, and other public rights-of-way in the Project Area. Such section by the City shall include the requirement of abandonment and relocation by the public utility companies of their operations in public rights-of-way as appropriate to carry out this Plan, provided that nothing in this Plan shall be deemed to require the costs of such abandonment, removal, and relocation to be borne by others than those legally required to bear such costs. (B) Institution and completion of proceedings necessary for changes and I improvements to publicly owned parcels and utilities in the Project Area. (C) Performance of the above, and of all other functions and services relating to public health, safety, and physical development normally rendered in accordance with a schedule which will permit the redevelopment of the Project Area to be commenced and carried to completion without unnecessary delays. (D) Imposition, whenever necessary, of appropriate design controls within the limits of this Plan in the Project Area to ensure proper development and use ofland. (E) Provisions for administration/enforcement of this Plan by the City after completion of development. (F) The undertaking and completion of any other proceedings necessary to carry out the Plan. (G) The expenditure of any City funds III connection with redevelopment of the Project Area pursuant to this Plan. (II) Revision of the City zoning ordinance, adoption of specific plans of execution of statutory development agreements to permit the land uses and facilitate redevelopment and elimination of blight authorized by this Plan. 4822-7013-Q576.1 26 o o o SECTION H. ADMINISTRATION AND ENFORCEMENT Upon adoption, the administration and enforcement of this Plan or other. documents implementing this Plan shall be performed by the City and/or the Agency, as appropriate. The provisions of this Plan or other documents entered into pursuant to this Plan may also be enforced by litigation or similar proceedings by either the Agency or the City. Such remedies may include, but are not limited to, specific performance, damages, re- entry onto property, power of termination, or injunctions. In addition, any recorded provisions which are expressly for the benefit of owners of property in the Project Area may be enforced by such owners. SECTION I. PLAN LIMITATIONS (I) . Effectiveness of the Plan Except for the non-discrimination and non-segregation provisions which shall run in perpetuity, and except as otherwise provided herein, the provisions of other documents formulated pursuant to this Plan shall be effective for forty (40) years from the adoption of Common Council Ordinance No. 3366 approving this Plan . Afte~ the time limit on the effectiveness of the Plan has expired, the Agency shall have no authority to act pursuant to the Plan except to pay previously incurred indebtedness and to enforce existing covenants or contracts. However, if the Agency has not completed its housing obligations pursuant to Section 33413 or the Redevelopment Law, the Agency shall retain its authority to implement requirements under 33413, including the ability to incur and pay indebtedness for this purpose, and shall use this authority to complete these housing obligations as soon as reasonably possible. SECTION J. PROCEDURE FOR AMENDMENT This Plan may be amended by means of procedure established in Sections 33450-33458 of the Redevelopment Law or by any other procedure hereafter established by law. This Plan is to be liberally construed and not interpreted as a limitation on the powers of the Agency. Notwithstanding any provision in this Plan to the contrary, the Agency or Commission may hereby utilize all powers of a redevelopment agency pursuant to the Redevelopment Law and all other applicable laws, as the same now exists or may hereafter be amended. 4822-7013-6576.1 27 <::1 o Exhibit" A" Central City North Redevelopment Project Area Map o o (~ (> (, J. .- 1- 1- - ~j @ @ ~ 0R @ ~i;': ~ t~-~ or <:!),. \:l ~. ~@'"., r'" I- I- "~ @" i:;~ '" '.Ii "" . .',. ;~-, 'iI--c< ,..~! . [I. '"rI''''' '_, ;~;. -1.'~-,t' " .< ,.,: -'.' " ,r!;. . ., .0G . ~. . f.' '.~ ... ..../;.1 ,0 I~P<'" . ~1,~';'r#:'9. .' .:~~.,~ -;~ }~~~ i t:;~~ :' -t~.~-~ <.i' ~t .$twrc :~,'-' ~-,:~ f:-t ~.- 1'~. 1'i'.i. c.c ~ '" .Y.~:' . 'c ~.@. f "'.flI"~)~ ~ :'1lrr'f\:'"; I- I- c0 II ....', ....... -. ." 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'~J~~,.. ~@ ", g '" (;j c '" " c: ~ 'b '" .~ " <X: ~ ~ :;: E E 0 0 g ii ii ::;: ::;: '0 3 ]! of " ~ ." .!J :1i ~ ,;: ~ ~ ~~I .: .iE' ,~, 'j' ~" .~, ~ 8 c 8 'E 'E v v . v '5 C f:E f..:) 0 0 ~ 3 ~ Eu ~ 'g E E E E E d d d ~ o Exhibit "B" I Central City North Redevelopment Project Area Legal Description of Project Area o I I I o o o o " ..I Legal Description of Project Area Those portions of Blocks 19,20,25,26,27,28,29,30,35,36,37,38,39,40,41,42, 43, 44, 45, 46, 51, 52, 53, 54 and 55 of the City of San Bernardino, County of San Bernardino, State of California, as per map recorded in Book 7 of Maps, Page 1; and Norton and Hay Subdivision as per map recorded in Book 16 of Maps, age 7; and Sub of Block 55, City of San Bernardino, as per map recorded in Book 3 of Maps, Page 30; and Porter's Subdivision as per map recorded in Book 2 of Maps, Page 26; and J. S. Bright Subdivision as per map recorded in Book 4 of Maps, Page 4; and Bennetts Subdivision as per map recorded in Book 3 of Maps, Page 15; and Ward and Courtney Subdivision as per map recorded in Book 3 of Maps, Page 25; and Kingman - Hampson Subdivision as per map recorded in Book 30f Maps, Page 81, records of said County described as follows: Beginning at the intersection of the Easterly prolongation of the North line of Court Street, 82.50 feet wide and the East line of Arrowhead Avenue 82.50 feet wide; thence West along said Easterly prolongation and the North line of said Court Street to the East line of "0" Street, 82.50 feet wide; thence Westerly in a straight line to the Northwest comer of "0" Street and Court Street, 56.16 feet wide; thence West along the North line of Court Street to the East line of "E" Street 82.50 feet wide; thence North Along the East line of said "E" Street to the Northeast comer of said "E" Street and Fourth Street, 82.50 feet wide; thence West along the North line of said Fourth Street to the West line of "H" Street; thence North along the West line of said "H" Street a distance of 48.00 feet to the Right of Way line of State Route VIII- 43 (Freeway U. U. 395); thence along said Right-of-Way line the following courses and distances: thence South 89 34'17" West a distance of 251.15 feet; thence Northerly along the arc of a curve concave Northeasterly with a radius of 150.00 feet a distance of83.37 feet; thence North 17 a5'04" West a distance of 170.43 feet to the South line of Kingman Street; thence North 07 28'03" West a distance of 40.30 feet to the North line of said Kingman Street; thence North 0 27'47" West a distance of 130.00 feet; thence Northerly in a direct line to a point on the North line of Lot 41 of the Ward and Courtney Subdivision as per plat recorded in Book 3 of Maps, page 25, records of the County Recorder of said County, said point being 370.00 feet West of the East line of said "H" Street; thence North 0 27'54" West a distance of 143.71 feet to the South line of Spruce Street, 50.00 feet wide; thence North 05 43 '35" East a distance of 173.52 feet to the beginning of a tangent curve concave Southeasterly and having a radius of 160.00 feet; thence Northeasterly along said curve thru a central angle of79 24'47" a distance of 221.77 feet; thence North 85 08'02" East a distance of 99.66 feet to the South line of Sixth Street 82.50 feet wide; thence East along the South line of said Sixth Street to the West line of said "H" Street; thence leaving said Right-of-Way line of Freeway u.S. 395 North along the West line of said "H" Street to the North line of said Sixth Street; thence West along the North line of said Sixth Street to the Easterly Right-of-Way line of said U.S. 395; thence North along said Easterly Right-of-Way line of U.S. 395 Freeway and following all its various courses and distances to the North line of Eight Street 82.50 feet wide; thence East along the North line of Eight Street to the Northeast comer of said Eight Street and Arrowhead Avenue; thence South along the East line of said Arrowhead Avenue to the point of beginning. o Exhibit "C" Community Development Commission Resolution No. 4830 December 23, 1985 o ( I I I o :i~ J</J;;; , . 'V,~- ',. , ! '. ' SBEOOI-92/1,OI0/1297S/kl 12/16/85 o RESOLUTION NO. 4830 "/: RESOLUTION OF . THE COMMUNITY DEVELOPMENT COMMISSION OF .THE'CITY OF SAN BERNARDINO ADOPTING A STATEMENT OF EXISTING PROJECTS. PROGRAMS AND ACTIVITIES AND EXISTING OBLIGATIONS PURSUANT' TO HEALTH AND SAFETY 'CODE SECTION 33334.6 \- ~~il:--' :')'1' ~,. ,!1.;t--. . I...:~ "'" ......::.' , WHEREAS, Health and Safety Code Section 33334.6 requires . with reference to redevelopment plans adopte~ .prior to January I, 1977, .that. not less than twenty percent (20%) of all taxes which are allocated to the Redevelopment Agency of the City of San Bernardino .' (the "Agency") pursuant to Health and Safety Code Section 33670 be set asid~ fO,rpurposes of increasing and, improving the community's' supply of Iow-. and moderate-income.' housing' .(the "Housing Fund ~-'Dpropriation.) unless certain findings are made; and iv. . WHEREAS, ,He<llth and Safety Code Section 33334.6 authorizes the Agency not to set aside the Housing Fund Appropriation, or any - portion thereof, if it is found and determined that the Housing Fund Appropriation, or any portion thereof , is needed for other purposes .in. order to provide for the orderly and timely completi9n of public and private redevelopment projects; programs and activities which as of January, 1, 1966 the '.t>gency intends to implement; and WHEREAS, Health and Safety Code Section 33334.6 authorizes the Agency not to set aside the Housing Fund Appropriation, or any . portion thereof, if it is found and determined that the Housing Fund o - I - \ . . :::II ) ) '4:) Appropriation. '-, payment under or .any portion thereof. is needed for purposes of existing obligations of amounts due or required to be committed. set aside or reserved by .the Agency during the fiscal year and which are used by the Agency for' that purpose; and' WHEREAS. the Community Development Commission of the City of San Bernardino (the "Commission"). on behalf of the Agency. intends to ,implement those certain proj ects. pr'ograms and acti vi ties pertaining Ito those certain' redevelopment projects adopted 'by the I . . Agency pnor to January. 1. 1977. all as set forth in Exhibit "A" . , attached hereto' and incorporated herein "'by reference. and. the 1 Commission has .'. further established or has otherwise identified I existing ~ 'obligations pertaining to the, payment of amounts due or S::>required to'be committed. set aside'or reserved by the Agency during the fiscal year 1985-86; and WHEREAS. it is appropriate at this time for the Commission' . on b~half of the Agency to make certain findings and- authorizations with reference to. said redeveldpment projects and obligations. .pursuant to Health and Safety'Code Section 33334.6; NOW. THEREFORE. THE COMMUNITY DEVELOPMENT COMMISSION ACTING ON BEHALF OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO DOES HEREBY RESOLVE. DETERMINE AND ORDER AS FOLLOWS: o .:.. 2 - ;-) ) l '0 '-. . Section 1. The Commission hereby reaffirms and incorporates herein by reference that. certain Resolution of the Commission entitled: .., ,.. . ~'.' . - '"'0 ';' .... .., _:3 ~.! (:. Resolution of the Community Development Commission of the City of San Bernardino. Making Certain Findings Concerning Lack of Need to Set Aside a Portion of Property' '.Tax Increment Pursuant '.to' Health and Safety .' Code SeCtions 33334.2 and 33334~6 , , and the Commission specifically reaffirms. and incorporates by "---.---- referenc~ h~reiri. any and all findings .and determinations made in said Res6lution~ o 'Section 2. Pursuant to' Health and Safety Code Section 33334.6, the Commission on behalf of the Agency hereby accepts, . approves and adopts for planning purposes the Statement of Projects, Programs and Activities as set forth in Exhibit ~A" attached hereto arid incorporated herein by reference, and the Commission on behalf of the Agency further affirms its intention to 'proceed with the projects, programs and activities set forth therein; provided, however, that nothing in this Resolution shall be deemed to constitute final approval' o'f any 'pi'oject, program or activity set forth in said Exhibit ~A~. Section 3. '0 hereby . finds ~he Commission on behalf of the Agency and determines pursuant to Health and Safety Code - 3 ~ '1 ., ) ') . Section 33334.6 :O'in Exhibit -A- that the projects, programs and activities set forth attached hereto and incorporated herein by reference are projects, programs and activities as described in. Health and Safety Code Section 33334.6, and' that the orderly': and . timely completion of said projects, programs and activities requires that nei ther the Housing Fund Appropriation, nor any portion thereof, be set aside during the 1985-86 fiscal year far purposes set forth in Health and Safety Code Section 33334.6. Section 4. The Commission on behalf of the Agency .' hereby accepts, approves and adopts the' Statement of Existing Interproject Area Loans. and Obligations as set forth in Exhibit -B" I attached; hereto and 'incorporated herein by. reference, and the ~commission on behalf of the Agency authorizes and directs Agency and . City Staff to execute any and all documents, book entries and writings and to take any and all actions which are reasonable and . necessary in order to commi t, set aside or. reserve Agency funds' pursuant to the obligations set forth in Exhibit -B-~' including any and all interest due thereon calculated at a rate not to exceed the maximum interest rate permitted by law. Section 5. The Commission on behalf of the Agency hereby finds and determines pursuant to Health and Safety Code Section 33334.6 that the obligations set forth in Exhibit -B" attached hereto and incorporated herein by reference are obligations as described in Health and Safety Code Section 33334.6, .and that the -4C) repayment , commitment, s~t aside or reservation of funds pursuant to - 4 - ) s.aid obligations, including -4:) ~~quir~s that neither the ) any and all. interest due Housing Fund Appropriation, - thereon, nor any ~ ,portion .thereof, be set aside during the 1985-86 fiscal. year for .purposes .set fo.rth in Health and Safety Code Section 33334.'6-' Section 6. This adoption. AIioPTED: 12/23/85 Approved as to Legal Form. and Adequacy: Resolution Shall .take effect upon .' .By: o . . . ~ o - 5 - ~ ) ) '0 "- , EXHIBIT "A" STATEMENT OF PROJECTS, PROGRAMS AND ACTIVITIES Central City Redevelopment Project 1. American Cities Plan, including public improvements for Downtown Area and the Court Street Corridor from, E Street to Arrowhead and then north approximately to 5th Street. .' '2. 'Revitalization and streetscape plan for E Street 'Corridor from appr9ximately 2nd, to 7th' streets, ip.cluding beautification' and improvement program. costs of pumping high groundwater, and of constructing permanent improvements in order to alleviate high groundwater problems. ,4. Master city planning program,' including "Greater San Bernardino Plan". 5.' Improvement project for parking structure at 2nd and E'Streets, including restiiping, restructuring, re-signing and construction of access improvements. 6. "J" building lease, including option to purchase. o .' - 6 - - ) " .".1 .07~. parking.project and program for Downtown Area, including parking facilities adjacent to development of office structures pursuant .to existing and projected disposition and development agreements. 8. Schurgin Disposition and Development . Agreement,'. including financial obligations thereunder. 9. Carel Disposition and Development Agreement, including improvement obligations thereunder. .' . .10'. .Orange Show Extension Proj ect., including street improvements, : possible larid acquisition, relocation, and other obligations in . I . . accordance with Orange Show Master Plan. ~o 11. Demolition of Court and E Street.site. . '12. Obligations pertaining to fiscal impact bond refunding for' merged redevelopment project areas. .13. Obligations pursuant to Nicolay Note. 14. Legal services programs and obligations. 15. Obligations and reimbursements to fiscal agents pertinent to bond issues. 0.16. YWCA rehabilitation project. - 7 ~ - ) :1 17. Redevelopment and public improvement obligations for o redevelopment of Rialto,Mill,F and H Street site, including public improvements, . streets, soils improvements, utility under-grounding and other matters. 18. Obligations under Scott Note. 19. Obligations'under Nicholson Note. ~O. Obligation. related to bond issuance programs~ .' 21. Obligations.~ertaining to iSsuance of parking facilities bonds. I roo 2;1. Obligations pertaining to issuance of fire station bonds. 23. Obligations pertaining to issuance of library bonds. State Colleqe Redevelopment Project 1. Golf Course expansion project pursuant to existing agreement with Golf Course lessee. 2. Golf Course undercrossing proj ect pertaining to expansion of .Interstate 215 Freeway. 3. C & M Fine Pack Owner Participation Agreement obligations. o - B - """'I ) ) . 4. o College Parkway Agreement obligations, including offsite improvements. 5. ..Obligations pertaining to bond issues. 6.. Obligations pursuant to Darmor Owner Participation Agreement, including landscaping improvements. 7. Development of public improvements on. Kindall Avenue near 40th Street pertaining to shopping center site redevelopment. , 8. B~anch library project, including financing programs obligations. I -I"' . !f--9 . J...} Construction of storm drain facilities along University Parkway. .Southeast Industrial Park Redevelopment proiect 1. Obligations pursuant to Miles and Hall Di5[>osi tion and . Development Agreement, including flood control improvements. 2; Obligations pursuant to Janke Note. . 3. Obligations and reimbursements to fiscal agents pertaining to bond issues. o - 9 - -'II ., ') 04. ~ Auto Center Owner Participation Agreement, including obligations thereunder" ,for site located at approximately Orange Show Road and Interstate 215. :5. Employment ,Linkage Project, including incentives 'and reimbursements for creation of new jobs. '6. Marketing project, including ,advertising. program, to encourage redevelopment. .' 7. otiligations pertaining~o bond issues. '. Central C1tY'North Redevelopment Project, cO 1. Obligations and reimbursements ~o fiscal agents pertaining to bond issues. i. o~ligations pertiining to Gabriel Note. . 3'. Obligations pertaining to Schweitzer Note. ,4. Parking project, including development of parking structures for redevelopment area. 5.' Obligations pursuant to bond' issues. '4t)6. Obligations pertaining to existing notes concerning Stater Bros. properties. - 10 - p o o . .\ . ! ) Central .City West Redevelopment Project 1. Obligations pertaining to Swing Note. Mi sce 11 aneous 1. To the extent that the' foregoing . projects, programs and activities pertain than to of more the foregoing one . redevelopment project . the . Agency intends areas, that 'responsibility for such projects, programs and activities be .- borne by any and all applicable redevelopment project areas. . . 2. Fina~cing start up costs for all of the foregoing redev'elopment project areas. 3. . Enterprise including those wi thin zones, the foregoing redevelopment project areas, and including local incentive- programs and fee rebate programs. -4.. Funding and .implementation of the City Empl.oyment Job Linkage Program, including the targeting of funding for employment development programs with participating companies, businesses and individuals either inside any of the redevelopment areas of the Agency or outside and of benefit to any of the redevelopment project areas of the Agency, for the purpose of providing .employment opportunities to persons of low- and very-low income. - 11 - < . .\ .,' :'" ) o Central City North Redevelopment Proiect Principal amount of obligations 'payable to Central City Redevelopment Project: $1,899,253 Central City West Redevelopment proiect Principal amount of obligations payable to Central City Redev~lopment Project: .' $707,440.00 . North West Redevelopment Proiect >; ... I. ~piincipal amount of obligations, payab1.e to, Mortgage Finance: o $377,606.00 "Principal amount Redevel~pment Project: $591,988.00 of obligations payable' to . State College Tri-City Redevelopment Project Principal amount of obligations payable to South East Industrial Park Redevelopment Project: '$584,450.00 cUptown Redevelopment proiect , Principal amount of obligations payable to Central City Redevelopment Project: $323,420.00 South Valle Redevelopment Project Payable amount of obligations payable. to South East Industrial Park Redevelopment Project: o $83,410.00 ". ) :0 EXHIBIT -A- STATEMENT OF PROJECTS, PROGRAMS AND.ACTIVITIES Central City Redevelopment Proiect L American Cities Plan, inclu'ding public improvements for Downtown . . Area and the Court Street Corridor from E Street to Arrowhead and then north approximately to 5th Street; '2. Revitalization and street scape plan for EStreet Corridor' from approximately .2nd to 7th streets, iqcluding beautification and improyementprogram. " {) '3. High 'groundwater pumping .and improvement program,including costs of pumping high groundwater and of constructing permanent improvements in order to alleviate high groundwater problems. 4. Master city planning program, including -Greater San Bernardino .PIan- .. 5. Improvement project for parking structure at 2nd and E Streets. including restriping, restructuring, re-signing and construction of access improvements. 6. -J" building lease, including option to purchase. o - 6 - -\ - -J 07. l - -- Parking project and program for Downtown Area, inclUding parking facilities adjacent to development of office structures -pursuant to existing and projected disposition and development-agreements. -8. Schurgin Disposition and Development Agreement, inclUding financial obligations thereunder. - 9. Carel Disposition and Development Agreement, including improvement obligations the-reunder. .' 10'- Orange Show Extension Project, including - street improvements, possi-.ble -_land - acquisition, relocation', and other obligations in accordance with Orange Show Master Plan. o ~- 11. Demolition of Court and E Street site. 12. Obligations pertaining to fiscal impact bond refunding for merged redevelopment project areas. i3. Obiigations pursuant to NiCOlay-Note. 14. Legal services programs and Obligations. 15. Obligations and -reimbursements to fiscal -agents pertinent to bond issues. Q6. YWCA rehabilitation project. - 7 - " ) ) ,o17~ ..... ." Redevelopment and public improvement, obligations for redevelopment of Rialto, Mill, F and H Street site~ including public improvements, streets, soils ':improvements, utility under-grounding and other matters. 18. Obligations under,Scott Note. 19. Obligations under Nicholson Note. 20. Obligations related to bond issuance programs. .' '21 ; Obli~ati~ns pertaining to issuance of oParking faci li ties bonds. :02. Obligations pertaining to issuance of fire station bonds. 23. Obligations pertaining to issuance of library bonds. : State Colleqe RedevelopmentPro;ect L Golf Course expansion project' pursuant ,to existing 'agreement with Golf Course lessee. 2. Golf Course undercrossing project pertaining to expansion of Interstate 215 Freeway. 3. C & M Fine Pack Owner Participation Agreement obligations. o - 8 - .. :.. , ,.~ .I . ) -04. ,. College Parkway Agreement obligations, including offsite improvements~ .5:, Obligations pertaining to bond issues. 6. Obligations pursuant to Darmor Owner Participation Agreement, including landscaping improvements. . 7. . Development. of public' improvements on Kindall Avenue near 40th Street'pertaining to shopping center site redevelopment. , 8. Branch l~brai-y project, including ,fina.ncing programs obligations. " ,... " ~)Outheast Industrial Park Redevelopment Proiect ,1. Obligations pursuant to Miles and Hall Disposition and Development Agreement, including flood control improvements. 2. Obligations pursuant to Janke Note. 3. Obligations and reimbursements to fisca 1 agents pertaining to bond issues. ,4: Auto Center Owner Participation Agreement, including obligations thereunder, for site located at approximately Orange Show Road o and Interstate 215. - 9 - 05. , " 02. .. ". ., .I ) Employinent Linkage Project, including incentives and reimbursements for creation of new jobs. .6: Marketing project, including advertisfng .program ,to encourage redevelopment. 7. . . Obligations pertaining to bond issues.. Central City North Redevelopment Pro;ect .' 1. Obligations .cand . reimbursements bond ~ss~es. to fiscal agents p.ertaining to I . Obligations pertaining to Gabriel Note. 3. Obligations pertaining to Schweitzer Note. 4. Parking project, including development of parking structures for redevelopment area. ... .5. Obligations. pursuant ~o bond issues. o ,. 6. Obligations pertaining to existing notes concerning Stater. Bros. properties. .1 .. " \ i ~ ) OCentral '-.. City West RedevelopmentProiect 1. Obligations .pertaining to Swing Note. . Miscellaneous 1. To the extent that the foregoing projects,. programs arid activities pertain to more than one ., of the foregoing . redevelopment . project areas, the :Agency intends that . responsibility for such projects, programs and activities be .' borne by any and all applicable redevelopment project. areas. "2.. Firian'cirig start up costs for all of" the for"egoing redevelopment "'0" project areas. ~- 3. Enterprise zones, including those within the .foregoing redevelopment project .areas, and inCluding iocal incentive .. programs and fee" rebate programs. .: 4. Fundfng and. implementation of the. City Employment Job Linkage Program, includfng the targeting. of funding for employment development programs with participating .companies, businesses and individuals either inside any of the "redevelopment areas of the Agency or outside and of bene"fit to any of the redevelopment project areas of the Agency, for the purpose of providing o employment opportunities to persons of low- and very-low income. - 11 - o FINAL ENVIRONMENTAL IMPACT REPORT UPTOWN/CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA CITY OF SAN BERNARDINO SAN BERNARDINO COUNTY, CALIFORNIA " o "m'tn::'::;~""}II::" ;.,:: , w..:.;.... -!'o-T-;l';':.-'Y ....;. ;. !:~~:tt~~~':::i:~Y ~~i::\ o June 15. 2004 o o o - FINAL ENVIRONMENTAL IMPACT REPORT UPTOWN/CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA CITY OF SAN BERNARDINO SAN BERNARDINO COUNTY. CALIFORNIA Prepared for: City of San Bernardino Development Services Department 300 N. "0" Street, 3'" Floor San Bernardino, California 9240 I Contact: Ms. Valerie Ross, City Planner Prepared by: LSA Associates, Inc. 1650 Spruce Street, Suite 500 Riverside, California 92507 (909) 781-9310 Reviewed by: The City of San Bernardino has independently reviewed, analyzed, and exercised judgment in the analysis contained'in the Environmental Impact Report and supporting documentation pursuant to Section 21082 of the California Environmental Quality Act (CEQA). LSA Project No. CBD23 I E!x.V~"~-'{""IJ'" "'i'" .. . . - -- .. -.. :'....w." o"'".+....,w.. ,-. ,!~~~!j:j~~~j~:y -~Ji\ June 15. 2004- o o o - " TABLE OF CONTENTS .1.0: SUMMARY OF THE FINAL ENVIRONMENTAL IMPACT REPORT............................... I-I 1.1 INTRODUCTION ........................................................................................................... I-I 2.0: PUBLIC REVIEW OF THE FINAL ENVIRONMENTAL IMPACT REPORT..................... 2-1 2.1 LIST OF PERSON, ORGANIZATIONS AND PUBLIC AGENCIES COMMENTING ON THE DRAFT EIR ........................................................................ 2-1 2.1.1 COMMENT LETTERS RECEIVED FROM UTILITY PROVIDER.................. 2-1 2.1.2 COMMENT LETTERS RECEIVED FROM PUBLIC AGENCIES.................... 2-1 3.0: RESPONSE TO COMMENTS ON THE UPTOWN/CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA FINAL EIR .............................................................. 3-1 4.0: REVISIONS TO THE DRAFT EIR ......................................................................................... 4-1 5.0: MITIGATION MONITORING PLAN..................................................................................... 5-1 MITIGATION MONITORING CHECKLIST .........................................................................5-2 TABLES Table 4.6C: Year 2008 Without Project Intersection Levels of Service ..........................................4-1 Table 4.6.E: Year 2025 Without Project Intersection Levels of Service .......................................... 4-2 Table 4.6.H: Year 2008 With Project Intersection Levels of Service ............................................... 4-3 Table 4.6.J: Year 2025 With Project Intersection Levels of Service............................................... 4-4 R:1CBD23I\fEIR\C-T.T.doc (6115104) o o o - I 1.0 SUMMARY OF THE FINAL ENVIRONMENTAL IMPACT REPORT 1.1 INTRODUCTION The Final Environmental Impact Report (FEIR) for the Uptown/Central City North Redevelopment Project Area (State Clearinghouse No. 2003031072) has been prepared in accordance with the California Environmental Quality Act (CEQA) and the guidelines for the implementation of CEQA. Hereafter, the Initial Study, Notice of Preparation, Notice of Availability, Draft EIR, Technical , Studies, and Final EIR containing Responses to Comments and including the Mitigation Monitoring Plan constitute the EIR for this project. These documents will be referred to collectively as the EIR. The persons, organizations, and public agencies that have submitted comments on the Draft EIR tluough May 26, 2004, are listed in Section 2.0 of the FEIR. A total of four comment letters were received. Three (3) comment letters were' received from public agencies, and one (I) was received from a utility service provider. The individual comment letters submitted regarding the DEIR and individual responses to each' comment are included in Section 3,0 of the FEIR. The primary objective and purpose of the EIR public review process is to obtain comments on the adequacy of the analysis of environmental impacts, the mitigation measures presented, and other analyses contained in the report. CEQA requires that the City respond to all significant environmental issues raised (CEQA Guidelines Section 15088). The City's response to environmental issues, ..... must be good faith, reasoned analysis," Comments that do not directly relate to the analysis in this document (i.e., are outside the scope of this document) are not given specific responses. However, all comments are included in this section so that the decision-making body for the proposed project is aware of the opinions of public agencies, organizations, and the general public. ,Based upon the review of the Draft EIR and Technical Appendices, portions of the Draft EIR have been revised. Section 4.0 of the FEIR identifies those portions of the DEIR that have been revised subsequent to the release of the document for public review. Per CEQA Guidelines (Section 15088.5[a]), ". . .New information added to an EIR is not 'significant' unless the EIR is changed in a way that deprives the public of a meaningful opportunity to comment upon a substantial adverse environmental effect of the project of a feasible way to mitigate or avoid such an effect (including a feasible project alternative) that the project's proponents have declined to implement." While minor editorial revisions have been made, no revisions to the pEIR were made in response to any comment received during the public review period. The minor editorial revisions made to the DEIR do not constitute significant "new information" that would require the recirculation of the EIR. Section 5.0 includes the Mitigation Monitoring Plan prepared for the proposed project. As required by State law (Public Resources Code, Section 21081.6), the MMP has been prepared to ensure compliance with the mitigation measures adopted for the proposed project by the City of San Bernardino. Public Resources Code, Section 21081.6 requires the adoption of a reporting or monitoring program for those conditions placed on a project to mitigate or avoid adverse effects on the environment R:\CBD23I\FEIRI$c:ctioa. l.doc (61ISnOO4) I-I o o O' 2.0. PUBLIC REVIEW OF THE FINAL ENVIRONMENTAL IMPACT REPORT 2.1 LIST OF PERSONS, ORGANIZATIONS, AND PUBLIC AGENCIES COMMENTING ON THE DRAFT EIR. Per Section 15105(a) of the State CEQA Guidelines, a DEIR submitted to the State Clearinghouse for review by State agencies shall have a review period, "...not less than 45 days." The public review period the DEIR extended from April 8, 2004 to May 24, 2004, a period of 47 days. The public . review period for the DEIR exceeded the minimum required by CEQA: The Draft EIR was properly noticed and distributed and was available at San Bernardino City offices and at the Feldhym Central Library. Additionally, the document was available in its entirety on-line at the City's website. . Comments to the DEIR were received by mail only. The persons, organizations, and public agencies that submitted comments. regarding the DEIR through May 26, 2004, are listed below. A total of four comment letters were received. Three comment letters were received from public agencies and one comment letter was received from a utility provider. The City accepted one comment letter subsequent to the close of the public review' period. While the City is not required to respond to comments received after the close of the public review period, to ensure the thorough consideration of public opinion, this letter has been responded to in full. . 2.1.1 Comment Letters Received From Utility Provider (1 Letter) A The Gas Company (April 29, 2004) Rogelio A. Rawlins Technical Services Supervisor 2.1.2 Comment Letters Received From Public Agencies (3 Letters) B Southern California Association of Governments Jeffrey M. Smith, AlCP Senior Regional Planner, Intergovemmental Review (May 12,2004) C Stale of California, Department of Toxic Substance Control Greg Holms, Unit Chief Southern California Cleanup Operations Branch (May 21, 2004) D San Bernardino Associated Governments Steve Smith, Principal Transportation Analyst (May 26, 2004) R:\CB02lI\FEIR\Sectioo 2.doc (6115n004) 2-1 - o I. 3.0 RESPONSE TO COMMENTS ON THE UPTOWN/CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA FINAL EIR The comments on the UptownlCenlral City North Redevelopment Project Area Draft EIR (SUte Clearinghouse No. 2003031072) and the individual responses to each comment are included in this section. The primary objective and purpose of the EIR public review process is to obuin comments on the adequacy of the analysis of environmental impacts, the mitigation measures presented, and other analyses contained in the repOrt. The California Environmenul Quality Act (CEQA) requires that the .City of San Bernardino respond to all significant environmental issues raised (CEQA Guidelines Section 15088). Comments that do not directly relate to the analysis in this document (i.e., are outside the scope of this document) are not given specific responses. However, all cOmIDents are included in this sectiou so that the decision-makers know the opinions of the commentors. o In the process of responding to the comments.. minor revisions to the Draft EIR have been made. None of the changes to the Draft EIR is considered to be significant new information (CEQA Guidelines Section 15088.5 [a)). Comment letters are arranged in chronological order. Aside from the courtesy sutements, introductions, and closings. individual comments within the body of each letter have been identified and assigned an alpha-numeric identifier. The first digit in the. identifier indicates the specific comment letter, while the second digit identifies the specific comment within the each conIDlCnt letter. For example, the comment identified as A2 will correspond to the second comment, in the ftrst comment letter received. Copies of each comment letter are included in the Fillal EIR. Brackets delineating the individual comments and the alpha-numeric identifier have been added to the right margin of each letter. . Following each comment letter is (are) the page(s} of responses to each individual comment. o R:'CBD231\FEIR.\Sectioo 3.doc (611Sf2004) 3-1 o o o .' .- ......---........-...... . . ffi1 [g~rnu\YlrnlID MAY 07 2OO't ... ~ C>ilw>lo """ "-"" _ll<.luocoU- _ CA 9Z314-97Z0 IL . A ~ Sempra Energ1 utility April 29.2004 ' CITY Of SAN ~ DE\IB..OPI.1ENT saIVlCES oe>ART1oIEHT ,-- PO "'3003 ~CA~ City of Ssu Benardbao DevelopmeJIt Servite$ Dep2rtment 300 N. "D" Street So Benw'<flno, CA 91418 AUaltioll: Vakrie C. Ross Re: UptoWll and Ceutral City North Redevelopment Project Area PbDs - Qty of Sail Bera.ardlno. 1bank you fOl' the opportunity to respond to the above><<ferCnccd project. Please note that Southern California Gas Company bas facilities in the area where the &bow named project is JXOPOsed. Gas service to the project couId be: proviiled without any significant impact on the cnviIarm=t. The: service: would be: in w:ordance with the Company's policies and c:xteasion rules on file with the CaIifomia Public Utilities Commission at tbe time contraCtual ammgcmmts arc made. . You should be: awaxc !bat this letter is not to be: intcIpreted as a contractual COIllI1Iitmeat to serve the proposed project, bUt only as an informational servi~ The availability of na1Ural gas service, as set foctb in this letter, is based upon present Conditions of gas supp,1y and reguIatoxy policies. As a public u1ili1y, The Southern California Gas <::omp.ny is under the jurisdiction of the Califomia Public Utilities Commission, We can alSo be: .affected by actions of federal regulatory 'agencies. Should these agencies taIcc any aCtion, which affects gas supply, or thC conditions UIlllcI' which SCfvicc is available, gas service will be: provided in accord= with ICvised conditions. .. . Typical del7"'nd use for. a. Residential (Systmt Area AvcragclU'sc Pee Meter) ~ Sing1e Family . . m. ~dwdling writ Mu1ti-Fami!y 4 0( less units 482 thcimsIycar dwelling writ Multi-Family S or man: units 483 thCnm/year dwelling unit 'Ibesc averages arc based on total gas consumption in. n;sidential mrits saved by Southan California Gas Company, and it should not be: implied that any particular iu>mc, apartment CJ( tract of homes will use these amounts of =&Y. I A1 A2 DmlIZtI o ApriI 29, 2004 Page 2 b. Commercial Due to the fact that constIUCtion varies so widely (4 glass bUIlding vs. a heavily J insulated building) and there is such a wide 'V3riatioo in types of materials and, a typical demand figure is not available far this type of constnJctioo. Calculations . A2 would need to be made after the building bas been dc:sigoed. We haVe: Demand Side Mano~ programs available to =ialIindustrial custon=s to } provide assist2ncc in selecting the most effective' applications of emrgy of our rmt:rg/ A3 COJ1SCt'V3tiOll programs, please ~ our CommerGiallIndustria1 Support Center at l-8OO-GAS- 2000. ' o Sincerely, -?_./.- tl ~ L:; .~ Rawlins Tccbnical Services Supervisor o - o LIA ASSOCIATtl. INC. JUNE UU PINAL En. UPTOWNICJ!MTaAL CITY MOITH ItDI!VELOPUENT PROJICT AII.A 1.1 .IUPOMII! TO COU:UZ.NTI . RESPONSE TO LETTER A I The Gas Company Respol.se to Comment AI: The Initial Study prepared for the proposed project (Appendix A of the Draft EIR) states that prior to approval, development within the Redevelopment Project Areas would he reqtired to provide evidence that it can he adequately serviced by the natural gas and electricity provider, and submit plans showing the incorporation of energy conservation measures into the project in accordance with Title 24 of the California Administrative Code. Adherence to these requirements would reduce utility impacts to a less significant level. The Gas Company comment that, . "Gas service to the project could he provided without any significant impact on the envirorunent," corresponds with the Initial Study's findings related to the provision of gas service. ReSponse to Comment A2: The estimated energy requirements detailed in the Initial Study were based on South Coast Air Quality Management District (SCAQMD) generation factors (Table A9.]] &timating Emissions from Electricity Consumption by Land Use, SQAQMD CEQA Air Quality Notebook.). Using these generation factors, the Mercado Santa Fe componeJlt of the proposed project was estimated to consume approximately 9,303 cubic feet of natural gas per day. Development projects within the Redevelopment Project Areas undertaken subsequent to the reinstatement of eminent domain would he subject to review by the City and the Gas Company to ascertain the significance of potential impacts to the provision of natural gas. o Response to Comment A3: The City recognizes and appreciates the availability of the Gas Company's Demand Side Management programs. The City will convey to the proponents of future development within the Redevelopment Project Areas of the availability of these programs. o R;'CBD231\FEIR\ScctioQ 3.00c (611Sl2OO4) 3-4 o SOUTHERN CAUFORNIA' . ASSOCIATION of GOVERNMENTS MalnOfllce 818 West Seventh Street uth ROOf Los Angeles. California 900\7-3435 .---. 1(21))1')6-1800 1(21)) z)6-1.8:zS www.scar-ca.S(Jilt ~ ~tff: c..dlllelllMr 8fto Pmy. ""-fW yu..sWfIIt:~lIIk"" C~lNc<Utl.~\I\u~t: ~""*............c-tr'1W .~: Vo""'(" tlI '{I tGuld lites. ..,.~~O\ . _c-.,,-_._"""" ..Shiftlk,~ 1as~c..-ty:'fwMolItIfa/lQ~tlutb. ~~c-.cy.~~lDStMly.lm~ Caunty .. KIf" ...... Su G.abrlel .. hill e-e...cmtol..To.t~t05A/lcritS. "fCMeC ClNL tes-ucI .. GHot OInidj". ,...-- .. MiQ Chpmu. hw.lr .. Judr ..... ~.. (lit WoaIi.llIl AnftIes.. Wrot6r "-l. lH ~ .. frri G.fult. c.dihr.~~IDsAnrftes..~KiM. la~.kMon!lWl.~OlI.fonI ..... t"5~...... ~ lone IeidI .. .... l..ldoot, 10I Mr*' .. kID ~~.~M<<.o.....o... ~~..~.....--..... ,,"--.. ,.. en-.. s.u ManlclI .. AIel hdlb.Los~.""hlb.llliS~ ...'-'-..........-....:.....PUIiwmI ".......~."'irs.til....~. Ilki.~AlIIiI.'-~............. ww.........SiMrr~.~.ToMI ~......IMIIIeadl..~~ ..~.DtIIIIi5W1slltll1n1..~.... ~1d5~...~~. o-islN.... AIt*s ...c.....r-OW......~CIuI(r. .....u~lDs.~.I.lIOIbe,ltsIiR. Ate-.lr<<Nhot.5durdO'-".... ~ Coal. ....~ lied .. c.,. M'-..UpNIliipoIl........oo-,tIlt IRsl-MIi DuM.L1........ kwfftot.lfu.. W~ltooparta-tl 1Iltonw.C.-qt:......~I'~ c...,.n-~...~....... ~. ___ Vakw' .. ... l-'dp!. 1ioe1idr.Gn:lhak.~QIy.'" -- s.:. ....... c...r- ,.. ~ s.. ~c...."..IiIN--.~ r.c...-ca.fdr.od~'-flAt1Plt \lI&y- L-..o..~.Ltt"'GwdI. c;,.,.~.SoAIll~~~. byQwid. r..ia- DtbIm ~ IalIIJ (.,.. <-F.........._."""'. ,a-u.Siri~.~.t~s- .._._.......PWt"-- "--- CUlns.a.~~ ....c....,~~ ....l-.,Ihod w...-c-trl__wa....c---.IW --- a.......Ioqdool...... w~ I!mmII _~ r;:,' F:--: .: ..-......: ~:.-.: ..~.i \ t~ f.n.t~ 33 May 12, 2004 -:-'_~ '>~'J s. ':< ~.~.. Mr. Mike Trout, Project Manager Economic Development Agency 300 North "0" Street San Bernardino, CA 92418 RE: SCAG Clearinghouse No. I 20040220 Uptown and Central City North" nedevelopment Project Ai'ea Plans Dear Mr. Trout: Thank you" for submitting the Uptown "and Central City North Redevelopment Project Area Plans review and comment. As areawide clearinghouse for regionally significant projects, SCAG" reviews the consistency of local plans, projects and progmms with regional plans. This activity is based on SCAG's responsibilities as a regional planning organization pursuant to state and federal laws and regulations. Guidance provided by these reviews is intended to assist local agencies and project sponsors to take actions th<it contribute to the attainment of regional goals and policies~ " We have reviewed the Uptown and Central City North Redevelopment Project Area Plans, and have detennined that the proposed Project is not regionally significant per SCAG Intergovemmental Review (IGRl Criteria and Califomia Environmental Quality Act (CEOA) Guidelines (Section 15206). 81 Therefore, the proposed Project does not warrant comments at this time. Should there be a change in the scope of the proposed Project, we would appreciate the opportunity to review and comment at that time. A description of the proposed Project was published in SCAG's April 1-15, 2~ Intergovemmental Review Clearinghouse Report for public review and =-n.-iJen!. The projecl tiUe and SCAG Clearinghouse number should be used in all correspondence with SCAG cooceming this Project. Correspondence shouid be sent to the attention of the ClearinghoUse Coordinator. If you have any questions, please contact me at (213) 236-1867. Thank you. Sincerely, ~~~"~ JEFFREY M. SMITH, AlCP " Senior Regional Planner Intergovemmental Review - o LI. ASIOCIATItI, INC. JUNIl UU rlNAL Elll UPTOWN/CI!.NTItAL CITY HOIlTH IlI!.DI!.VI!.LO.....MT rR.OJI:CT "'ilEA S.I ...I.ONIII. TO COIIIWI!.)lT' RESPONSE TO LETTER B . Southern CaIiCornia Association oC Governments Response to Comment Bl: The letter inCormed the City that based on SCAG's lntergovemmental Review (JGR) Criteria and CEQA Guidelines (Section 15206), the proposed project is not regionally signifi~ant. .No conunents are warranted. The City recognizes and appreciates SCAG's review oC the OEIR. Because no comments related to the scope or adequacy oC the OEIR were raised, no response to SCAG's conunent is required. o o R:'CBD231\fEIR\Section ).doc (61IY2004) 3-6 - Os ,,,I ~~ ---- - I!mDI TenyT""'-'- ~So.Qeta., CallEPA . EdwInF Lowry. DIrec;lor 1001 'r Slreet, 25'" FIocr P.O:Box806 SaQame$, Caflfomia 95812-0006 ~ ~ Department of Toxic Substances Control . AmoId.sc::ta.-............QO GcMmor MtMORANDUM oorg~~~:[gfP) FROM: Rania Zabaneh.. . QJY o~ SAN ~!lDINO Site Mitigation Program. RegJo~ 4 DEVElc~-w SSl\IICEs . '?L ~ .L.fu.,' D6'ARTMENT GuentherW. Moskat, ChIef IJ . . . Planning & EnvIronrillmtal AnaJysis Section TO: DATE: SUBJECT: Aprll13, 2004 CECA ENVIRONMe.JTAL DOCUMENT REVIEW FOR: UPTOWN/CENTRAl CITY NORTH REDeveLOPMENT PROJECT. SCH# 2003031072 o The Office of Environmental Analysis. Regulat!Ons & Au<frts (OEARA) received the attached doaJment from an outside agency for J;lTSC. review as a potential Responsible or Interested Agency pursuant the CaRfomIa EtivIrilnmentalQuality Act (CECA). A preliminary review of this document by our office shows that the project may fan within the regulatory authority of DTSC because It Involves one of the follOwing land uses that could poten1Ially expose indMduals to haWds pr hazardous materials:' . AN EXISTING OR PROPOSED SCHOOL SITE SENSmvE LAND USES (ag., daycare facility. nursing home, hospifal) NON-SENS1TIVE LAND U$l;S (e.g., CQllIfTlE!IclaI or IndustrlaI faclIities) B I8l This document Is being fOlW3l'ded to your office for further assessment Please provide the Lead Agency that Is klentified oniheatlached Notice of Completion Form With any commeots you may have on this document before the dose of the comment period (512412004). After" your review, please complete the lnformatlonrequestecHn the !xix below and refum this form to our office at the following address: CECA Trackk1g Center Office of Emifronmental Analysis, Regulations & Audits 10011 Street, 22nd Rood P.O. Box. 806 Sacrameoto. CA 9.5812 COM~S WERE SENTTO THE LEAD AGENCY and a copy fawarded 10 OEARA via: ;t:C, M allachment to this document o Fax@ (916) 323-3215 COMMENTS WERE mzr SENT TO THE LEAD AGENCY ~..... o The project did not fdl within the jurisdlcllon 01 DTSt [] The document adequately asses5ed impacts from the proposed project as It relates to DlSC's area ofjurisdidion o . .8 PIhod on R.ecjded Paper S/S S:lltd OBB9IrBCG0S'al SPIB/SUld DUPOS ~D ~~'j'NO~d CS'Cl ~0-1r~-AVN o e "" I ~~" ~ -:- I!mDII TenyTJIIM1/non ~s-atary CallEPA Department ?f loxicSubstances Control EdWin F. Lowry, Director ~$6 "CoIPorale Avenue qpress, Caflfomla 90630 e - Sd1watzenol -- May 21, 2004 oo~~~~~~~ Ms. Valerie Ross Deputy Director/City Planner Redevelopment Servk.:es Department City of San Bernardino 300 North "0" Street San Bernardino, California 9241'8-bo01 CITY OF SAN S5\....AR:lL~O DEV'"""OPL;;:.. seRVIces oerAR'llAQ'" NonCE OF COMPLETION OF A. DRAFT ENVIRONMENTAL IMPACT REPORT FOR THE UPTOWN/CENTRAL CrrvNORTH RJ;DEVELOPMENT PROJECT AREA PLAN AMENDMENTS (SCH # 2003031072) o Dear Ms. Ross: The Department of Toxic Substances: Control (DTSC) has received your Notice of Completion (NOC) of a draft Emiironmentallmpact Report (ErR) for the above- . mentioned Project Based on the review of the document, DTSC's comments are as follows: 1. DTSC's comments dated April 8, 2003, regarding the Notice of Preparation } C1 (NaP) for a draft BR have not been properly addressed In the currently . submitted draft BR . o 2. The Initial Study with the NOP states that some eJQ.sIing sites InJhe.project areas may contain discaroedwaStes. It also states. that if a parcel Is suspected of containing undEirground Storage tanks and/or other materials known to contaIn hazardous materials, Ii Phase I Site Assessment would be prepared by C2 a Registered EnvironmeritaJASsessor and requirements for conducting Environmental Site Assessments on properties to be redeveloped will be discussed In the EIR. 1-l00000er, the draft BR shows no additional discussions. 3. The draft ErR needs to identify any known or potent/ally contaminated sites within the proposed Project area. For all Identified sites, the draft ErR should evaluate whether conditions at the site pose a threat to human health or the' environment. A Phase r Assessment may be sufficient to Identify these sites. Following are the databases of some of the regulatory agencies: C3 I/l: amid S Prtllod...~ P..- 0B0s~eC6QJG'.-o"'.;. . BPtB/Sutd DUPBS .10 ^"lI:l~HOHd 7.c;,~. ....G_..Yo_.""... o o o II!m!DI I Ms. Valerie Ross May 21, 2004 Page 2 of3 I · National Prioriti~ List (NPl): A rlSt is maintained by the United States Environmental Protection Agency (U.S.EPA). · CaISites: A Database primanly used by the California Department of Toxic Substances Control. · Resource Conservation and Recovery Information System (RCRJS): A database of RCRA facilltles that is maintained by U.S. EPA . Comprehensive Environmental Response Compensation and L1abRity IOformatlon System (CERCLlS): A database of CERCLA sites that Is maintained by U.S.EPA C3 . Solid Waste Information System (SWIS): A databasE! provided by the . Cardornla Integrated Waste Management Board which consists of both open as well as closed and Inactive solid waste disposal facilities and transfer stations. · Leaking Underground Storage Tanks (LUST) I SpRls, Leaks, Investigations and Cleanups (SLlC): A rlSt that is maintained by Regional Water Quality Control Board (RWQCB). . local County and City maintain lists for hazaroous substances cleanup sites and leaking underground storage tanks. . Prior to approving the draft ErR, please address all of DTSC's comments. As the lead } C4 agency, it Is your responsibility to ensure that all of DTSC's COr1ce11;lS a~ properly addressed. DTSC provides guidance for preparation of a Preliminary Endangerment Assessment (PEA), and cleanup oversight through, the Voluntary Cleanup Program (Yep). For . additional information on the VCP, please visit DTSC's web site at www.dtsc.ca.QOV. S/E llmld 080S"8E606'OI SPtB/Sutd DUpas 3D ~~'j.NO~d ~S"Cl ~B-.E-AVN o o o 'I I!'mDI Ms. Valerie Ross May 21, 2004 Page3of3 . If you have any questions regarding this letter, please contact Mr. Johnson P. Abraham, Project Manager, at (714) 484-5476. Greg. Holmes Unit Chief Southern California Cleanup .operations Branch . Cypress Office . . cc: Governor's Office of Planning and Research State Clearinghouse P..O. Box 3044 Sacramento. California 95812-3044 Mr, GuentherW. Moskal, Chief Plam1ing and EnvlronmentalAoalysis Section CEOA Tracking Center Department of Toxic SubstanceS Control P.O. Box 806 Sacramento, CaJifornia95812.,08()6 .~ s/" a:J'<td "8"S "8CSllj;l' ~ I. BPIQ/SUtd DUpes 4D ~~'~."O~d ~9'Cl ~0-.~-AVW - o LI... .....aOlATE.. INO. JUNI UU ,.IMALEn UI'TOWNJ'CZMTaAL CITY MOtTH kZDEVELO"W"NT ".OJ.aT AI.'" 1.1 1.1.'ON.1t TO oo,nUNTI RESPONSE TO LETTER C California Department of Toxic Snbstance Control Response to Comment Cl: The Notice of Preparation (NOP) referenced by the commentor was prepared by the City and distributed on March 14, 2003, to the State Clearinghouse, responsible agencies, and other interested parties for a 30-day review period. This public review period extended from March 14 to April 14, 2003. Subsequent to the initial distribution of the Initial Study (IS) and NOP, the City refmed the proposed project to more appropriately focus the environmental document on the programmatic nature of the proposed project The discussion of potential hazardous material impacts associated with the proposed project was similarly revised. To ensure adequate agency review of the .changed character of the proposed project, the City redistributed an updated and revised IS and NOP to public agencies for a 30-day review that extended from February 18 to March 18,2004. The Department of Toxic Substance Control (DTSC) did not provide comments on the recirculated Initial StudyINOP. The following discussion is provided to ensure that the concerns expressed in the agency's April 8, 2003 .comment letter are adequately addressed (numbering equates to the comment number included . in the April 8, 2003 comment letter.) 1-5: Only the proposed site of the Mercado Santa Fe retail development was recognized as having a potential for on-site hazardous materials. Prior to demolition. of structures and/or construction, the City will require a Phase I Site Assessment to determine the presence/absence of hazardous materials. The remediation, removal, and/or disposal of any hazardous materials identified during the course of the Phase I Site Assessment will conform to applicable Federal, State, and local requirements; thereby, reducing potential impacts related to this issue to a less than significant level. o The site-specific risks associated with other future development within the Redevelopment Project Areas cannot be sufficiently identified at a program level. . 6: The required contents and procedures for preparation of an Initial Study are established under Section 15063 of the State CEQA Guidelines. CEQA does not mandate the use of a standard Initial Study Checklist Section 15063(1) states, "...public agencies are free to devise their own format for an initial study." The Initial Study Checklist has been determined by the City . to adequately fulfill the requirements established by CEQA. 7-12: Future development within the Redevelopment Project Areas will be subject to City- and State-mandated standards relative to the identification, removal, and disposal of potentially hazardous building materials. This effort will result from future project-specific CEQA review. o Response to Comment C2: The document reviewed by the DTSC is a "Program EIR," which evaluates the broad-scale impacts of the proposed reinstatement of eminent domain and other actions. described which, in total, constitute the "project" under consideration. A Program EIR, addressing the impacts of policy decisions, such as those presently under consideration, can be thought of as a "first tier" document, evaluating the broad-scale impacts on the environmen! expected to result from the adoption or implementation of such decisions. Tiering refers to the concept of a multi-level approach r R:\CBD23I\FEIR\Sectioo 3.doc(61lsnoo4) 3-11 o o 0' LIA A'IOCIA,Tal. INC. JUNE "" PINAL 1.11. UPTO'WN'CI.HTaAL CITY NOItTH RI.DJ:VI!LOrMltNT .aOJf;CT ..2,\ .., al!lPONl1. TO CO....ENT. to preparing environmental documents (CEQA Guidelines, Section 15152). A Program EIR does not typically address site-specific impacts that subsequent development projects permitted by the approved policy decisions may have. CEQA requires every subsequent development project within the scope of a Program ElR to be evaluated at a later stage for its particular site-specific impacts. These impacts :ire typically.encompassed in "second-tier documents," such as Supplemental or Subsequent ElRs, an Addendum to the Program ElR, or a (Mitigated) Negative Declaration, which typically evaluate the impacts of a single activity undertaken to implement some specific portion of the overall plan. The Departmeut of Toxic Substances Control (DTSC), together with other Federal, State, and local agencies, administer a comprehensive set of laws and regulations thaI has been developed to protect public health and the environment from accidental spills and releases. Compliance with these programS, as in effect at the time, will ensure that there will be no significant adverse impact in the event of a spill or release associated with project operations. The proposed project includes the reinstatement of eminent domain within the Redevelopment Project Areas, and a General Plan Amendment. These actions are not physical projects that would result in potential impacts associated with hazardous materials. Any .future project initiated within the RPAs subsequent to the reinstatement of eminent domain would be subject to review by the City and the DTSC. Response to Comment C3: Hazardous or toxic materials transported in association with redevelopment projects (including the futore proposed retail projeCt) may include items such as oils and fuels. All materials required during development and operation of businesses would be used and transported in compliance with all State and local regulations. Likewise, substances that would likely be used and stored by typical urban businesses would be in controlled environments in accordance. with existing requirements of the County Department of Health or Fire Department, DTSC, South Coast Air Quality Management District or other permitting agencies. Reinstatement of eminent domain and the redevelopment of any properties in either project area would not alter the requirement of compliance with all applicable regulations. Section 2.4.1 (pages 2-7 and 2-8) of the Draft ElR recognizes tbe potential for hazardous materials within the site of the proposed Mercado Santa Fe retail development. Because of this potential hazardous material impact, a Phase I Site Assessment will be required prior to the demolition of any structures suspected to contain hazardous materials. The remediation, removal, and/or disposal of any hazardous materials identified during the course of the Pbase I Site Assessment will conform to applicable Federal, State, and lrical requirements; thereby, reducing potential impacts related to this issue to a less than significant level. The site-specific risks associated with other future development within the Redevelopment' Project Areas cannot be sufficiently identified at a program level. Because no specific development will result from project actions without additional CEQA. review incorporating appropriate studies of impacted structures, impactS related to the storage, transport, or disposal of hazardous wastes or the release of hazardous substances are considered less than significant at a programatic level. Response to Comment C4: It is the opinion of the City that the response stated above adequately. address DTSC's comments. The comments from DTSC, as well as the comments of others, will be considered in developing the Final EIR that will be used in the decision whether to approve this project. CEQA requires the Lead Agency (in this case the City) to exercise independent judgment in determining the environmental impacts of a proposed project and in deciding whether to approve a project. . R:'CB0231\FEIR\Soction 3.00c (611.512004) 3-12 o o o JUN-07-04 14.13 PROH.CI~y ot SBdno Plng/91dg ID.B0S384G0B0 PACE Governments ~ ~ San Bernardino Associated Governments A72 N. Arrowhead A_ue San 8ernar-d;no, CA 92401-1421 """""' (909) 83L-8276 Fa,. (909) 885-4407 Wob, -.oonbag.co.9"'" NCpaR:'l'AnON MEA.SURE I Workl:-,g ;- C,setnci . Sol hIfla'dinO~n..............tab, COn.I~' . San 8emadIno Cow.tyTIUl...,o.Io6o..Authortty . SCa"I kl.........'O Cou1ty COI~I Monooe-....rI AqtiItnoI . $er.ioo Author1Iy rot: Fr~ L.~".......... May 26, 2004 [fd[g~rnn\YJ (gID) MAY 27 too; Ms. Valerie Ross Deputy DirectodCity Planner City of San Bernardino . 300 North "0" Stlcet San Bernardino, CA 92418 aTYOf SAIO senwullNO DEVELOPUall" SERVICe> CEPAlIT\.lSlT Re: . UptOwn and Central City North Redevelopment Project A=. Draft EIR - Traffic Impoct Analysis SANBAG File No. 0400006 Dear Ms. Ross: Thank yoo for the opportnnity to review and comment on the above ",fa-enced traffic impact repo~ dated April 6, 2004 and revisions dated May 25, 2004. Our analysis indi~ that with the replacement of a~hed Tables H, J,1., N, R; and T, the study meets the requirements.ofthe 2003 CMP. In acGO<danee with your city's resolution adopting the Land UselI'~ Analysis Program, the traffic study is to be made avlilable to the Planning Commission and/or the City Council and Caltrans for infonnation regarding project impaas to Ihc CMP system of arterial streets. Should yon have any questions or comments, please contact me or Andrea Zureick at (909) 884-8276. Sincerely, &f~ Principal Transportation Analyst . Cltiec ~.lllg lea< tm:e. Cf1ino, CI'ino...... ~ fooIcno. ~ _ HeC>Ol1O. HigNand. \.OmQ lrda. ~ ~ Onlorio. _ Cuco..oOooga. R<:dands. ~ Son Ilema'dino, TwenIvOOO -. -. V~. Yucolpo ~oI:__ 'IIJOOO'k>Iey C....'YOI__ - II!tImD 1/1 }01 }02 o L.... ...nOCIATI.., INC. JUNE "" PINAL ItU UrTOWNJ'CEMTkAL CITY NORTH kr.OIVELOrW!.NT PI.OJJ.CT AIU.A 1.' 1.r:.rONI. TO OOW".NT. RESPONSE TO LETTER 0 San Bernardino Associated Governments Response to Comment Ol: The DEIR contains the Traffic Impact Analysis (rIA) (April 6, 2004) prepared by LSA Associates, Inc. While included as an appendix to the DElR, the TIA was submitted to the San Bernardino Associated Governments (SANBAG) and received a separate review. Based on SANBAG rev.iew of the TIA, revisions to the document were made. Upon revision of the TIA (May 25, 2004), SANBAG has determined the TIA meets the requirements of the 2003 Congestion Management Program (CMP.) The TIA and other technical studies/supporting data are included in Appendices A-F to the DEIR. These appendices were provided in their entirety in a PDF format Revisions to the Draft E1R resulting from revisions to the TIA are identified in Section 4 of the FElR. Response to Comment 02: As the TIA was included as an Appendix to. the DEIR, the TIA has been made available to the City, and Caltrans for review. o .1 o R.:\CBD231\FEIRlSectioa 3.doe (6/UIl0(4) 3-14 o o o -- 4.0 REVISIONS TO THE DRAFf EIR The following section contains a set of addendum pages to the Draft EIR dated April 6, 2004. The revisions identified in this section are the result of staff and public review, and are meant to provide clarification of the issues and to correct editorial and typographical errors that were discovered after circulation of the Draft EIR. The revisions cited in this section were found by the City of San Bernardino not to be substantial; therefore, the recirculation of the Draft EIR is not warranted. In the following pages, headings describing the location of changes in the Draft EIR are underlined (i.e., Section 4.1, page 4-1, paragraph I). Below this entry, are the revisions made to the Draft EIR. Additions of text are noted by the double underlining of new text. whereas deletions are shown as strikeout text (&I4-teJ<t). Table 4.6C, page 4.6-10 Table4.6C - Year 2008 Without Project Intersection Levels of Service Intersection Control P.M. Peak lIour V/C Delav LOS I. Penner AvenueIRialto Avenue silmal 0.497 16.2 B 2. Rancho AvenudRialto Avenue ST.m.1 0.291 .15.4 B 3. Mount Vernon AvenueIBaseline Street Signal ~ 2;!,9 C ~' ~ 4. Mount Vernon Avenue/Fifth Street Simal 0.592 23.6 C 5. Mount Vernon A venue/Second Street Sirnal 0.704 35.9 D 6. Mount Vernon A venuelRialto Avenue Sirnal 0.407 16.3 B 7. Mount Vernon A venue/MiII Street Si.nal 0.603 323 C 8. Viaduct Boulevard/Second Street TWSC 13.9 B 9. Giavanola Avenue/Second Street TWSC 9.4 A 10. "L n Street/fhird Street Intersection created bv nmiect II. "L" Street/Second Street TWSC 10.4 B 12. "K" Street/fhird Street TWSC 10.6 B 13. "K" Street/Second Street AWSC 0.276 92 A 14. "J" Street!fhird Street TWSC. 10.1 B 15. "J" Street/Second Street TWSC 11.4 B 16. 1-215 Southbound Off-RamplThird Street Signal ~' ,U,8 C lU4Q 22A 17. 1-215 Southbound On-Ramo/Second Street Si""a1 0.497 21.7 C 18. 1-215 Northbound On-RamolThird Street Si""al 0.491 21.8 C 19. 1-215 Northbound Off Ramo/Second Street Sirnal 0.613 21.9 C 20. "E" StreetIBaseline Street Sirnal 0.538 14.2 B 21. "E" StreetlFifth Street Si.nal 0.528 17.8 B 22. "E" Street/Second Street Si.nal 0.668 33.5 C 23. "E" StreetlRialto Avenue Si""a1 0.471 22.7 C VIe = Volumefcapacity ratio Delay = Average control delay in seconds. At unsig.na.lized intersections, worst-<:ase approach is reported. LOS = Level of Service lWSC = Two--Way Stop Control A WSC = All-Way Stop Control R:\CBD231\FEIR\Section 4.doc(611512004) 4-1 - o L.A A..OCIA.TIU. U'C. JUNI Itlt 'INAL ilia UPT01rM.fCIIMTaAL CITY MOITH I.IIDIIVIILO'''.NT ....OJacT A.IIA t.. ..IVUION. TO THl oaAPT au . Table 4.6E, page 4.6-13 Table 4.6.E - Year 2025 Without Project Intersection Levels of Service o P.M. Peak Hour Intersection Coutrol V/C Delav LOS 1. Peooer A venuelRialto Avenue Siena] 0.678 19.2 B 2. Rancho AvenuelRia!to Avenue Siena! 0.520 17.5 B - 3. Mount Vernon AvenueIBaseline Street Signal M4l 23.8 C 0M4 l4.6 14. Mount Vernon AvenuelFifth Street Siena] 0.663 24.3 C 5. Mount Vernon A venue/Second Street Sienal 0.761 39.5 D 6. Mount Vernon A venue/Rialto Avenue Siena! 0.586 18.2 B 7. Mount Vernon A venueIMiII Street Siena! 0.790 393 D 8. Viaduct Boulevard/Second Street TWSC 45.0 E* ~. Giavanola A venue/Second Street TWSC 9.4 A 10. "L" Streetffhird Street Intersection created bv oroiect 11. "L" Street/Second Street TWSC 10.4 B 12. "K" StreetfThird Street TWSC 16.0 C 13. "K" Street/Secood Street AWSC 0.369 9.9 A 14. "}" Streetffhird Street TWSC 12.5 B 15. "J" Street/Second Street TWSC 15.9 C 16. 1-215 Southbouod Off-Rarnpffhird Street Signal ~ ;!9,6 C 0:15'1 22.2 17. 1-215 Southbouod On-Ramo/Second Street Sienal 0.997 44.3 D 18. 1.215 Northbound Oo-Ramoffhird Street Siena! 0.591 24.7 C 19. 1-215 Northbound Off Ramo/Second Street Sienal 0.870 29.0 C 20. "E" StreetIBaselioe Street Sienal 0.613 16.2 B 21. "E" StreetlFifih Street Sienal 0.726 21.5 C 22. "E" Street/Secood Street Siena! 0.869 44.1 D 23. "E" StreetlRia!1o Avenue Siena! 0.778 26.0 C / . Exceeds level of service standard VIe"" Volume/capacity rntio Delay = Avmge control delay in seconds. At WlSign.a.lized intersections. worst-case approach is reported. WS "" Level ofSavicc lWSC = Two-Way Stop Control AWSC = All-Way StopConlrot o R.:\CBD231\FEIR\Section 4.doc (6/1SflOO.t) 4.2 o o o LI'" A"OelA,TI'. IHO. lU1f1 1.1.. PINAL J:U_ UI'TOWH'OE)fTI.AL CITT HOI.TH aaDEnLOPlnNT .aaJICT At!:A. t.1 ..EVIIIONI TO THE DkAPT III. Table 4.611, page 4.6-21 :rable 4.6.11 - Year 2008 Witb Project Intersection Levels of Service Intersection Control P.M: Peak Hour V/C Delav WS I. Penoer A venueIRialto Avenue Simal 0.511 16.6 B 2. Rancho A venue/Riatto Avenue Simal 0.309 15.4 B 3. Mount Vernon A venueIBasetine Street Signal M9J. ~ C !l.6!l1 21.6 4. Mount Vernon AvenueIFifth Street Si<mal 0.608 23.7 C 5. Mount Vernon A venue/Second Street Si<m.1 0.808 44.2 D 6. Mount Vernon A venuelRialto Avenue .Simal 0.426 16.6 B 7. Mount Vernon AvenuelMill Street Si.na1 0.616 33.0 C 8. Viaduct Boulevard/Second Street Ceases to Exist 9. Station Wav/Giavanola Avenue/Second Street TWSC .14.9 B 10. "L" Streetlfhird Street TWSC 12.5 B II. "L" Street/Second Street TWSC 68.4 F* - with miti$!ation - . Sivna/ 0.295 1/.0 B 12. "K" Streetlfhird Street TWSC 2\.4 C 13. "K" Street/Second Street AWSC 0.391 10.5 B 14. "r Streetlfhird Street TWSC 13.1 B 15. "r Street/Second Street TWSC >300 F* ~ with mili{!ation - Si~na/ 0.52/ 23./ C 16. 1-215 Southl:iound Off-Ramplfhird Street Signal ~ 2Ul C '. lliH 23Jl 17. 1-215 Southbound On-Ramo/Second Street S;;;oal 0.620 20.7 C 18. 1-215 Northbound On-Ramotrhird Street Si~nal 0.669 28.0 C 19. 1-215 Northbound OffRamolSecond Street Si~nal 0.630 22.3 C 20. "E" StreetIBaseline Street Simal 0.550 14.4 B 21. "E" StreetJFifth Street Simal 0.540 17.9 B 22. "E" Street/Second Street Si.mal 0.680 33.9 C 23. ~'E" StreetlRialto Avenue S;;;;;ar 0.490 22.8 C . Exccods level of service standard vIe = Volume/capacity ratio Delay = Average control delay in seconds. At WlSignalized intersections, worst-case approach is reported. WS = Level of Service . 'lWSC=Two-Way Stop Control A WSC "" All-Way Stop Control R;\CBD231\FEIR~on 4.00c (61lSflOO4) 4-3 o o o - La. ...II001ATU. IMO. JUNa 1'" PINAL 811l U'TOWN/OJ:NTaAL CITY MoaTH ....D.V.LOPW.NT 'ROJECT A...A .., U:VUION. TO THE DaAPT an. Table 4.6J, page 4.6-25 Table 4.6.1 - Year 2025 With Project Intersection Levels or Service Intersection Control P.M. Peak Hour V/C Delav LOS I. Peooer A venuelRialto Avenue Silmal 0.690 19.5 B 2. Rancho AvenuelRia!to Avenue Siona! 0.537 17.7 B 3. Mount Vernon A venueIBaseline Street Signal M49 ;w.l C M6l :M:l 4. Mount Vernon AvenuelFifth Street Silmal 0.679 24.6 C 5. Mount Vernon A venue/Second Street Siimal 0.854 49.4 D 6. Mount Vernon A venue/RiaIto Avenue Silma! 0.603 18.4 B .7. Mount Vernon A venuelMill Street Silma! 0.802 40.6 D 8. Viaduct Boulevard/Second Street Ceases to Exist 9. Station Wav/Giavanola Avenue/Second Street TWSC >300 p' - with mititzation - Sirmal 0.858 37.7 D 10. uL" Streeu"Third Street TWSC '14.5 B II. "V. Street/Second Street TWSC ,116.7 p' - with mitij!ation - Sil!1Ull 0.308 10.1 B 12. "K" StreetlThird Street TWSC 44.9 E' - with mitigation - - TWSC 27.0 D 13. "K" Street/Second Street AWSC 0.488 11.6' B 14. "f' StreetlThird Street TWSC 16.5 C 15. "f' Street/Second Street TWSC >300 p; - with mititzation . Sirmal 0.520 24.0 C 16. 1-215 Southbound Off-Ramprrhird Street Signal M49 ~ D Q.262 <ILl 17. 1.215 Southbound On-Ramo/Second Street Silm,l 1.039 49.6 p' - with mitiI!alion - Sirmal 0.840 32.1 C 18. 1.215 Northbound On-Ramnfrhird Street Silmal 0.786 29.9 C 19. 1-215 Northbound Off Ramp/Second Street SiRna! 0.887 29.6 C 20. "E" StreetIBaseHne Street SiRna! . 0.624 16.4 B 21. 'IE" StreetIFifth Street Siimal 0.738 21.6 C 22. "E" Street/Second Street SiRna! 0.899 46.5 D 23. "E" StreetlRia!to Avenue Siimal ' 0.796 26.5 C . Exceeds level of service standard VIe;:: VollllTlCJcapacity ratio Delay:: Average control delay in seconds. At unsignalized intersections, worst<ase approach is reported. LOS:z Level of Service lWSC = Two-Way Stop Control AWSC = All-Way Stop Control R:\CB0231\FEIR\Soc:rioD 4.doc(6/15flOO4). 4-4 o L.... AnOOU.T.'. IKO. -JUNI! IIU ,nUL I!IIl UPTOWN/QIENT.....L OITY MoaTH IlaPIVI!LO.YIKT .IOJ.aT ......A. .., ...VIUONI TO THI! D1U..l'T I!n. " Section 7.0, page 7-1 Delete the references to the following reports: Rcpo1"f 18 the Mayor and Common Council, 2{}()3 Eminent Demain Amendment, Central Cil)' North Redew:lopmen! Pff1jec!, Rosenow, Spe'/aeck Greup, Ine., March 2003. RcpoFt te the Mayor and C01ll,,,on Council, 2{}{}] Emilie,,! Domai:l Amel'ldlne,~: Upl8wn Rede'lClopmen: Praject, Resenew, Spe'/aook Greup, Ine., July2003. Appendix F, Traffic Impact Analysis Revisions to Tables H, J, L, N, R, and T as reflected by the changes made to Tables 4.6C, 4.6E, 4.6H and 4.6J in the DEIR. The Level of Service worksheets from which the .revisions to Tables H, J, L, N, Rand T were derived were revised. o o . R:\aJD2J I\FEIR,\$edion 4.00c (6/unOO4) 4-5 o o o 5.0 MITIGATION MONITORING PLAN This mitigation monitoring plan bas been prepared for use in implementing certain of the conditions of approval for: Uptown/Central City North Redevelopment Project Area The program bas been prepared in compliance with State law and the Environmental Impact Report ("ElR") (SCH No. 2(03031072) prepared for the project by the City San Bernardino. , The Califomia Environmental Quality Act requires adoption of a reporting or monitoring program for those measures placed on a project to mitigate or avoid adverse effects on the environment. (public Resource Code Section 21081.6) The law states that the reporting or monitoring program shall be designed to ensure compliance during project implementation. The monitoring program contains the following elements: l) The mitigation measures are recorded with the action and procedure necessary to ensure compliance. In some instances, one action may be used to verifY implementation of several mitigation measures. A pnxlIure for compliance and verification has been outlined for each action necessary. This procedure designates who will take action, what action will be taken and when. and to whom and when compliance will be reported. 2) 3) The program bas been designed to be flexible. As monitoring progresses, changes to compliance procedures may be necessary based upon recommendations by those responsible for the program. As changes are made, new monitoring compliance procedures and records will be developed and incorporated into the program. 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"0 " . .c " ~ "0 c: .. .c > " "0 OJ "" " "0 0 ~ ".. ~ 00:( ~ 0 0 0 Cij " - (; ~ "0 c: "0 ~ "UI C ~ '" 1IO ]j ~ 0 "c 0 '" 0. 0 "" 32 :J c: c: 0 C1l - u E c: "0, '" u U C1l OJ U :c ~ 0 Gl . E 11: c: c: " . w ~ U Iii ..r::: . 0 .2 (J i::.\u '" c c "" 0 '" !; '" u u ~ M 0 j' I c m "- u: M - " OJ '" ' 0-- >. ',J 0 ~ "- w 0 0 u Ol Gl U"O U U m "- lL Y ~ ~ o o o ML' oorg~rnU\Ylrn@ MAY 0 7 2OO't ..........~ Go< ""-"Y _W.L___- -.... CA 92314-9720 . Wa/IloQ--= PO 11<*3003 Ilo<llondo. CA 9ZJ13<XI06 I!mD arv OF SAN 96lHARDIHO DEVa.OI'IolalT salVICES Da'AA1loIEHT A ~ Sempra Energy" utility Apri129, 2004 City oC Sm ]leruardiJIo DevdopDleJlt Services Dep2rtDlellt 300 N. "D" SlTeel So Benw"dfno, CA 92418 Attaltioll: Valerie C. Ross R.e: UptoWll and Ceutnl City North RedeveJopmellt ProJed Area PbDs - City of Su Bernardino. 1b:mIc you foc the opportunity 10 =POnd to the abov<>rcfercioced project. PU:asc note that Southern California Gas Company has Ucilities in the a,rca wh= the above named project is ptOPOsed. Gas savicc to the project cou1d be provided' wjthout any significant impact on the c:o,,;'==nt. The scrvjce would be in accordance with the CompanY. policies and cxtc:nsion JUles on file with the Califomia Public Utilities CommisSion at.the time contractual arrangements are made. . You should be aware that this letter is not to be intcIpretcd as a contractual commitment to serve the proposed project, birt only as an informational serv!~ The avatlability of naturaI gas service, as &et for1h in this letter, is based upon present Conditions of gas suwlY and rq:ulatory policies. As a public utiIity, The Southern California Gas Company is under the jurisdiction of the Califomia Public Utilities Commissioo. We can 'alsO beaffcctcd by actions of federal regulatory 'agencies. SbDuId these agencies take any aCtion, which affects gas supply, or tbC conditions tmda which service is aVllilabIc, gas savice will be provided in accoo3ancc with ICViscd cooditions.. . . . Typical d""""nd use for. a.. Residential (System Area Avr:ragclUse Pa- Meter) ~ Single Family . . 799. ~ dwelling unit Multi-Family 4 or less units 4S2 thcnnsIyear dwelling unit Multi-Family S oc more units 483 tbCnns/ycar dwelling unit These avmgc& are based on total gas COIl5IIIIlptiOll in. residc:ntiaI units served by Southan California Gas Company, and it should IlOl be implied that any panieular hon1c, apartment oc tract ofhomcs will use these amoUIllS of =&Y. - A1 A2 - Immm1II o April 29, 2004 Pa"oe 2 b. Cotmnercial Due to the fact that COllS1l1JCtion varies so widely (l glass bwlding vs. a heavily J insulated building) and thac is such a wide variation in types of materials and, a typical "","""d figure is not avaiJable for this type of construction. Calcu1ations . A2 would need to be made after the bwlding bas bccIl desiglICd. We haVe Demand Side Mmu>vm-: programs available to commcrciaJrll1dustrial customas to } provide assisbn<:c in selecting the uiost effective. applications of magy of our CllctgY A3 COIISCl'WtiOll programs, please con~ our Couwkt\;ialiIndllslrial SuppoIt Ccntcc at l-3OO-OAS- 2000. o Sincerely, ~~:f-L Technical Services Supervisor o o SOUTHERN CAUFORNIA ASSOCIATION of GOVERNMENTS MolnOfflce 818 West ~nth Street 12th ROOf Los Angeles. California. 900'1-3435 t (21)) Z)6-J800 I(.u)) 2)6-1825 www.scac-ca-sov 0IkMI; PMi4~ ~-*' ~ ~ 1te..fnlVU'-Sideftt:CooJrdrn~aa... C'~kfM<uIa.~'t\te~ ;Jet'liwMriJu/pet..ftpC'lWClMn'roPts! ",.'iiclMf: '-~ tould ....es. &h~;tO\ . .......c-."....-.._r...,. "$hirllh.""~ '*'~c.-tr.~IIr""ilflorU. ~~COUIIty.~~t.K~ c-cy .. !'Wry WlWn, s.. Gabrid . 1'1'" ,,,,,*,,-~'''''~1051onplft. 1U1~ ClaIk. __lid . &He ~ .......,.....MilttOkflrnu.h....,...Judrr DulUft,~.(d(GMc~Lof.Antt'In. -.dy litnri, lal ~ . h",k Glondt. c....,.~tbhn...,....1Mb1W\ll, la$~.~IW.COIOIpt~.Torw ~LaJ.~.___~1Jlr\f: leMJt.btilllaodlor.,lDS~.lcltll ~O-".~MiI<<,aa-o.w. ~~LlKAIIetks......"-tU. 1Inwu .. ".. ac-.. s.nu Maolu . AIel .....t.os~.~r.n.loS"""*' ...."""''*~.~...IU~ "r.s.la5~.wa.SlIIk.la~. Pfd~",..........~_......,...,. T.Ik~.SicIIoet'~.~....... Ieya I.IrqI.l.6nI& 1RdI-...... WIIAipw. lII~.~~c.bIbIYs.1-* 1IMi.lM;AIICdts...~~. .......lint.la....." o.-.c...,.o..a.....~~. 1iIMW..,ft"LoI.~.LMIcnt.~. 1Ita-.......hIt.~Cbtet.~ ~ Cool. tt.alkop. led .. ~ ~~~.IicJIMlIOO-'l* ..d.-.OW:e.LI.........~IIu. W~~1HdI a..sw. ~ ... A&bley. ~ c...".n-IQIty.u.u~...... ficUor. ....... 'tI~ .. 1M '-W~ ~.Grq~~Qy... -- si..........c..r:h..l~s,. ~ c-.tr.. III ~,.,.. c.c...-.p.~~bn"~ .... .. t-... u.. a.sav. ola '- '->>. "-'lfcwnu's..u.~SIll~. '-Yo.oa.o.tIrio.OtbnI~.. v..r..a~WrIllibfs..,*",,-Ic-.y. Ca. .II<<tn.&.SiIlli'Mrr.u.t~S. ,VOo'flll:~.bi"""I'atf"- ... c-r, ~ .........., OladKWII" ~ea..r -.-... c..tr --. t..tA c.-lI"-: ..... ..-. MNwt -.....c..,.~c--. U ........- (i) .....Ioqdo4...... .......... ~ -.-...... __ r~" i~:-: .: . .... ,-. ~~ \. '.",. '..~'l.\n... 33 -;:.~.' .. .,.~ _ ti"_ May 12, 2004 .: ~~.~ '2,:0 s.' ~": ~( Mr. Mike Trout, Project Manager Economic Development Agency 300 North "0" Street San Bernardino, CA 92418 RE: SCAG Clearinghouse No. I 20040220 Uptown and Central City NOrt/1. Redevelopment Project Aiea Plans Dear Mr. Trout: Thank you. for submitting the. Uptown .and Central City North Redevelopment Project Area Plans review and comment As areawide clearinghouse for regionally significant projects, SCAG. reviews the consistency of local plans, projects and programs with regional plans. This activity is based on SCAG's responsibilities as a regional planning organization pursuant to state and federal laws and regulations. Guidance provided by these. reviews is intended to assist local agencies and project sponsors to take actions lhat contribute to Ihe attainment of regional goals and policies~ . We have reviewed llie Uptown and Central City North Redevelopment Projec1 Area Plans, and have detennined that the proposed Project is not regionally significant per SCAG Intergovernmental Review (IGR) Crileria and Cardomia Environmental Quality Act (CEOA) Guidefines (Section 15206). Therefore, the proposed Project does not warrenl comments at this time. Should there be a change in the scope of the proposed Project, we would appreciate the opportunity to review and .comment at that lime. 81 A description of the proposed Project was published in SCAG's April 1-15, 2004 l!JlergovemmentaJ Review Oearinghouse Report for public review and cc..'Oo~ The project title and SCAG Clearinghouse number should be used in all correspondence with SCAG conceming this Project. Correspondence shouid be sent to the attention of the Clearinghouse Coordinator. If you have any questions. please contact me at (213) 236-1867. Thank you. . Sincerely, ~~~.~ JEFFREY M_ SMfTH. A1CP . Senior RegionaJ Planner IntergovemmentaJ Review - 0'0 "I .::~ ........, - I!mla TenyT""""';' ~ Sea'eIary CalIEP1. Department of Toxic Substances Control . EdwlnF Lowry. D1reclor . . 1001 'r Street, 25"' Aoa P.O:Box806 Sacrame!lto, ClIflfomia 95812-0006 . --~..gQ GcM!mor MEMORANDUM OO~~~~~:[g[Q) FROM: Rania Zabaneh,. . CITY o~ SA.'l 3EilHA.'lDINO Site Mitigation Program, ~4 ~ LtJ,v '. ~SEiMCES Guenther w. Moskat. ChIef () . . . Planning & EnvIronmental Analysis Section TO: DATE: SUBJECT: Aprll13, 2004 CECA ENVIRONM~Al DOCUMENT REVIEW FOR: UPTOWN/CENTRAl CllY NORTI-lREOEVELOPMENT PROJECT. SCH# 2003031072 o The Office of Environmental Analysls. Regulatjons & AudIts (OEARA) received the attached doaJment from an outside agertt::y f()f I;lTSC reitfew as a potential Responsible or Interested . Agency pursuant the CaIlfornla EtivIronmentai Quality Act (CECA). A prelimInary review of this document by our office shows that the project may faU within the regulatoly authority of DTSC ~I "'''' It Involves one of the fol1Owingland uses that could poten1lafly exp.oso indMduals to hamrds Of' hazardous materials: . . 8 18I AN EXISTING OR PROPOSED SCHOOL SITE SENSmvE LAND USES (all-. da)olre facility. nursing home, hospital) NON-SENSITJVE LAND ~ (e.g., CQIllmefCia/ Of" InduslrlaI facilities) This document Is being fOlWalded to your office for further assessment Please provide the Lead A1JenOf that Is Identified on1he<rtlached Notice of Comple1ion Form With any comments you may have on this document before the close of the comment period (512412004). After your review. please complete the lnfonnafJonrequeste<Hn the bOx below and return thls form to our office at the following addreSs: CEOA Tracking Center Office of EnvIronmental Analysis, Regulallons & Audits 10011 Street, 22nd Rood P.O. Box. 806 Sacrameoto. CA 9.5812 COM~S WERE SENT TO WE LEAD AGENCY and a copy forwarded 10 oEARA via: )e(, M attachment 10 this dOClMlilnt o Fax@(916} 323-3215 COMMEmS WERE fiQI SENT TO THE LEAD AGENCY 00r=\ft<:A: o The proJecI did not ~ wilhin the jurisdlcIIon cJ oTSt [] Ths document adequately assessed impacts from the proposed project as It relata to DTSC's area ofjurisdidion o . 8 J>mOod on R<qded Paper 5/5 SllVd 0a09"'8&606'01 SPla/SUld oupOS 40 ^~'~'HO~d &9-&1 ~e-~~-A~M - 0;0 ,,' .::~. ~ -::- II!m\ta Tony TIIMIinon 1lQ<<tt:i~ CallEPA Department Of10xicSubstances Control EdWin F. lowry, Director ~Q6Caporale Avenue esPress. CaIifomla 90630 . -~ - May21,2004. oo~~~~~~~ Ms. Valerie Ross Deputy Director/City Planner Redevelopment Se~ Department City of San Bernardino 300 North "0" Street .. San Bernardino. California 9241'8-0001 CliY OF SAN SEi\.'lAR:lI"~O !lfVC'''''Of'l.;~T sa\VlCOS oerAitTlJlCNi NOTICE OF COMPLETION OFA DRAFT ENVIRONMENTAL IMPACT REPORT FOR THE UPTOWN/CENTRAL C/TYNbRTH REDEVELOPMENT PROJECT AREA PLAN . .. AMENDMENTS (SCH # 2003031072) o Dear Ms. Ross: The Department of Toxic Sub~nces Control (DTSC) has received your Notice of Completion (NOC) of a draft Environmental Impact Report (EIR) for the above- mentioned Project. Based on the review of the dOCtiment, DTSC's comments are as follows: 1. DTSC's comments dated April 8, 2003. regarding the Notice of Preparation } C1 (NOP) for a draft E1R have not been properly addressed In the currently submitted draft E1R o 2. The IniIiaJ Study with the NOP states that some el(isting sites In Jhe.projecl areas may contain disc;3rdedwaStes. It also states. that if a parcel Is suspected of containing underground Storage tanks and/or other materials known to , contain hazardous materials, Ii Phase I Site Assessment would be prepared by C2 a Registered EnvironmeritaJASsessor and requirements for conducting Environmental Site Assessments on properties to be redeveloped will be discussed In the EIR lioy,oever. the draft E1R shows no additional discussions. 3. The draft EIR needs to identify any known or potentially contaminated sites withIn the proposed Project area. For all Identified sites. the draft ErR should evaluate whether conditions at the site pose a threat to human health or the" environment. A Phase I Assessment may be sufficient to Identify these sites. FoRowing are the databases of some of the regulatory agencies: C3 In: amid 8 1'Ml/ld <WI RN:w.INt p",.. "S0Sc,8csas-.ol..;' . BptB/SUtd pupas JD ^"1':J~WD~"" ~t:;.'~t '..a_hr._Z""U o o o - II!l:ImBI Ms. Valerie Ross May 21, 2004 Page 2 of 3 · National PrioriliE!:S list (NPl): A list is maintained by the United States Environmental Protection Agency (U.S.EPA). · CaISites: A Database primanly used by the California Department of Toxic Substances ConUoI. . Resource Conservation and Recovel}' Information System (RCRlS): A database of RCRA facllllles that is maintained by U.S. EPA . Comprehensive Environmental Response Compensation and Uab/lity Information System (CERCLlS): A database of CERCLA sites that Is maintained by U.S.EPA C3 . Sand Waste Information System (SWIS): A databas~ provided by the . Cardornla Integrated Waste Management Board which consists of both open as well as closed and inactive solid waste disposal facilities and transfer stations. · Leaking Underground Storage Tanks (lUST) I SpDls, Leaks, Investigations and Cleanups (SLlC): A list that is maintained by Regional Water Quality Control Board (RWQCB). . local County and City maintain lists for hazardous substances deanup sites and leaking underground storage tanks. Priorto approving the draft EIR. please address all of DTSe's comments. As the lead } agency, it.is )'Our responsibility to ensure that all of DTSe's CQOC8llJS a~ properly C4 addressed. DTSC provides guidance for preparation of a Pre/irninal}' Endangerment Assessment (PEA), and deanup oversight through, the Voluntary Cleanup Program (VCP). For . additional informallon on the VCP, please visit DlSe's web site at www.dtsc.ca.aov. S/E: amid e8esr,eEG0S'OI SPtO/5Uld oupss JD ~~'OfNO~d ~S'Cl ~B-bE-AVW o o o - mma Ms. Valerie Ross May21,2004 Page 3 af3 If you have any questions regarding this letter. please contact Mr. Johnson P. Abraham, Project Manager, at (714) 484-5476. Sincerely, Greg Holmes Unit Chief Southern California Cleanup OMratlons Branch " Cypress Office ",' , ' , cc: Governor's Office of Planning and Research State Clearinghouse P.O. Box 3044 Sacramento. CalifornIa 95812-3044 Mr. GuentherW. Moskal, Chief Planning and Environmental AnaJysis Section CECA Tracking Center Department of Toxic SubstanceS Control P.O. Box 806 Sacramento, California 95812.,0006 5/" a:J\td 0S"S "SCSI1ll'1' ~ I SPIO/SUtd aupsS ~D ~~'~'ND~d ~9'El ~0-.~-AVW o o o JUH-07-0~ 14.13 FROH.CILy or SBdno Plng/Bldg 10.909:3946090 PACE ~ San Bernardino Associated Governments 1.72 N. Arr~ Avenue San Bernardino, CA 92401-1421 /'hone, (909) 884-8276 """ (909) ~'07 Wolv. .........,nbc9-"'-VO" NCPORTAnON MEA.eUAE 1 . ScIl8emadno CcAldyn....~k:sbl c....'..~1 . Son 8emcxdllG Cow1tv r.I(lf..,..o.k;6:)., AuIhcxtty . SQlIo<.~dO.o Cou'lty COngeslIon ---.._t ~ . So<W:o AlAhoo1Iy for"_ U\""V"'.... May 26, 2004 Ms. Valerie Ross Deputy DireetodCity Planner City of San Bernardino . 300 North "0" SUeet San Bemardino,CA 92418 OO[g@~nw~[Q) MAY 27 ~ ctrY.O# SAlt sellHAIlDtNO DIMLO/'I.l9lT saMCe> IlB'ARNEllT Re: - Uptown and Central City North Red<:'IIelopment Project A1u Draft EIR - r raffle Impact Analysis SANBAG File No. 0400006 OeM Ms. Ross: Thank yoo for the opportunity to review and comment on the above referenced traffic impact report dated April 6, 2~ and revisions dated May 25,2004. Our analysis indicates that with the replacement of attaChed Tables H, J, 1., N, R; and T, the study meets the "'lum:menlS-Ofthe 2003 CMP. In acconlance with your city's =Iutioo adopting the Uind Usetr~ Analysis Program, tho traffie study is to be made available to tho Planoin:; Commission and/or the City Council and Callrans for information regarding project impacts to the CMP systern of arterial stroeU. Should you have any questions or comments, please contact me or Andrea Zumck at (909) ~76. Sinc:erely, ~,~ S~ Smill> Principal Transportatioo Analyst . cme. ~.Illg leal IDt.o. Cl1ino. OW><> _. COlIon. f<lntcna. ~Te<roc:e. '-- HigNand.lQmQ LOOa.IAonIeIoi<; _... Onlorio. _euoo.,.o.'l/O. _. /lSoj!o, San _. rweotynMl\:IImo. __ Voc:/OMIh>. ~ ro..n.oI:__ _-... CotoItyolSon__ . II!mDI ,/, }01 }02 o o o CERTIFICATE OF MAILING SAN1BERNARDINO COMMUNITY DEVELOPMENT COMMISSION CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA I, Mike Trout, whose business address is at the City of San Bernardino Economic Development Agency, 201 North "E" Street; Suite 301, San Bernardino, CA 92401-1507, do hereby certify that the notice for the Public Meeting for the Initial Study and EIR on the Proposed Central City North 2003 Redevelopment Plan Amendment (attached as "Exhibit A"), was mailed, via first class mail, to all property owners, residents, business owners, community organization representatives, and interested p~rsons in the area of the Central City North Redevelopment Project Area as shown on the attached 'copy of the mailing list (attached as "Exhibit B") at the United States Post Office, in San Bernardino, California on December 11,2002. I certify under penalty of peIjury that the foregoing is true and correct. , DATED: ~ /,0 ,2002 ~ ~ Mike Trout, Project Manager City of San Bernardino Economic Development Agency Attachments: Exhbit A - Public Meeting NewsletterlNotice Exhibit B - Mailing List P:.\Deve1opn'Ellt 0epl1roilr::e\CCN, 2002, 12-18 lnitiaI Study Mlg Cen M3.l1ing AlfKlavilOOc o PUBLIC INFORMATION MEETING ECONOMIC DEVELOPMENT AGENCY OF TIIE CITY OF SAN BERNARDIO CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA NOTICE OF AVAILABILITY OF INITIAL STUDY , ' th On Wednesday, December 18 at 6:00pm in the offices of the Economic Development Agency (EDA) there will be a public meeting concerning the Environmental Impact Report (EIR) for the reinstatement of eminent domain powers throughout all the Central City North Program Area 'The EDA has hired the firm ofLSA Associates, Inc. to prepare the EIR and will be at the public meeting to discuss the scope of the EIR and take comments from the public. This meeting Will be held at 201 North "E" Street, Suite 301 (above the Big-5), San , Bernardino, CA. ' Central City North Redevelopment Proiect Area' , . _. . . ' , The Central City North Redevelopment Project Area is a 278"acre area delineated by Interstate 215 on the west, Eight Street on the north, Arrowhead Avenue on the east and Fourth/Court Street on the south (Fourth Street between the freeway and "E"Street,and Court Street between "E" Street and Arrowhead Avenue). ". . ." . The UsC of eDnnent domain in the: Central City North Redevelopment Project Area was originally part of ihe C.entral City North Redevelopment Plan when it was adopted in February 1973. This Plan was considered and Cllllat~ iri the Ov~iall Central ~ity Plan imd Program EIR prepared for the Plan in 1975. Eminent Domain powers m Central CIty North expued on January I, 1999. ' , . . . . The proposed text changes to the Plan'donot amend, change or affect the physical or regulatory environment ,with regard to implementation of the Central City North Redevelopment Plan as described in the 1975 Program 'EIR. Environmental docwnents for significant projects since 1975 include an EIR and Traffic Impact Analysis , ' for a 12-story office building and an EIR and NEP A document for a 20-screen theater complex. " ' 'Other projects currently in the plam1ing stages, located within the boundaries of the Central City North' Redevelopment Project Area, but which are not redevelopment projects; include a proposed 48,525 square foot ,elementarY sChool. The DriIft EIR has not been released for public view at the time of the hiitial Study for the , central'City North Redevelopment Project Area, but is anticipated to be released in the very near' future" Two, , senior residential projects are also planned in the Project Area; these two projects will add a'total 150 residential units. Finally, portions of the Lakes and Streams project, ajoint water planning project between the CitY of San Bernardino and the San Bernardino Municipal Water District is being considered in this Redevelopment Project 'Area. . , ' , ' ',COpies of the Initial Study for the C~tral City North Redevelopm~nt Project Area are available at the front ' counter of the Economic Development Agency of the City of San Bernardino, located at 201 North "E" Street, Suite 301 (above the Big-5 store), San Bernardino, CA during regular business hours between 8:00am - 5:00pm Monday thri1 Thursday and 8:00am -,4:00pm on Fridays. , '. o o o o CERTIFICATE OF MAILING SAN BERNARDINO COMMUNITY DEVELOPMENT COMMISSION CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA I, Mike Trout, whose business address is at the City of San Bernardino Economic Development Agency, 201 North "En Street, Suite 301, San Bernardino, CA 92401-1507, do hereby certify that the notice for the Public Meeting on the Proposed Central City North 2003 Redevelopment Plan Amendment and the formation ofa Project Area Committee (attached as "Exhibit An), for the Central City North Redevelopment Project Area, was mailed, via first class mail, to all property owners, residents, business owners, community organization representatives, and interested .. persons. in the area of the Central City North Redevelopment Project Area as shown on the attached copy of the mailing list (attached as "Exhibit B") at the United States Post Office, in San Bernardino, California on February 10, 2003. I certify under penalty of peIjury that the foregoing is true and correct. DATED: ;:43 !3 ,2003 ~~ Mike Trout, Project Manager City of San Bernardino Economic Development Agency Attachments: Exhbit A - Public Meeting NewsletterlNotice Exhibit B - Mailing List P:\Aeoounting l>ep(\Mile\Uptown, PAC Certification oCM3Iling AffidaviLdol; - ., o I Central City North Redevelopment Project Area Initiation of the 2003 Amendment to the Redevelopment Plan . . In January 2000, the Agency decided to consider amending the Redevelopment Plan in order to re-instate theuJe of eminent domain to the year 2013. The Central City North Redevelopment Plan establishe~ v~rious time and financial limitations involving the use of redevelopment tools within the approximate 180 acre Project Area. One of these time limits, involving the use of eminent domain to acquire real property in the Project Area, expired January I, 1999. While the Agency would be able to complete projects and collect tax increment revenue through August 8, 2023, the Agency could not commence any eminent domain proceedings in the Project Area. without reinstating eminent domain, which is used as a last resort. To facilitate public involvement in the Proposed Redevelopment Plan Amendment process, the City Council is providing for the creation of a Project Area Committee ("PAC"). The PAC will function as an advisory body that reviews the Draft to the Amendment.of the RedevelopI1\ent Plan and, in particular, will consult on housing and residential matters and provide a forum for information dissemination. Being a member of the PAC and working with the PAC provides you the opportunity to safeguard your interests and to provide input into the redevelopment process involving your neighborhood. The PAC also provides input and recommendations to the Mayor & Common Council/Community Development Commission concerning the adoption of the Amendment to the Uptown Redevelopment Plan. o Important dates to remember are: Thursday, 6:00pm, February 20, 2003 - Project Area Committee (PAC) information meeting will be held in the Board Room of the Economic Development Agency, located at 201 North "E" Street, Suite 301, San Bernardino, CA (above the Big-5 store). Tuesday, 6:00pm, Aprill, 2003 - Project Area Committee (P AC) elections will be held in the Board Room of the Economic Development Agency,.located at 201 North "E" Street, Suite 301. San Bernardino, CA(above th~Big-5 store). Monday, 7:00pm, April 21, 2003 - The Mayor/Common Council adopts a resolution affirming the Project Area Committee (PAC) election results. This meeting will take place in the City of San Bernardino Council Chambers, 300 North "D" Street, San Bernardino, CA. o We encourage you to participate in the formation of the Central City North Project Area Committee. PAC procedures and applications for persons interested in serving on the PAC will be available at the PAC information meeting to be held on Thursday, February 20, 2003 at 6:00pm. Should you have any questions, please contact John Hoeger, Project Manager. at (909) 663-1044. If you are unable to attend the information meeting you make call the Economic Development Agency and request the Central City North PAC procedures and application. The Central City North PAC procedures and application will then be mailed to you after the information meeting. o o o CERTIFICATE OF MAILING SAN BERNARDINO COMMUNITY DEVELOPMENT COMMISSION CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA I, Mike Trout, whose business address is at the City of San Bernardino Economic Development Agency, 201 North "E" Street, Suite 301, San Bernardino, CA 92401-1507, do hereby certify that the notice for the Public EIR Scoping Meeting on the Proposed Central City North 2003 Redevelopment Plan Amendment (attached as "Exhibit A"), was mailed, via first class mail, to all property owners, residents, business owners, community organization representatives, and interested persons in the area of the Central City North Redevelopment Project Area as shown on the attached copy of the mailing list (attached as "Exhibit B") at the United States Post Office, in San Bernardino, California on March 10,2003. I certify under penalty of perjury that the foregoing is true and correct. DATED: /1114(4. ,2003 . In;L~ Mike Trout, Project Manager City of San Bernardino Economic Development Agency Attachments: Exhbit A - Public Meeting NewsletterlNotice Exhibit B - Mailing List P:\Acoounling Oepl\Mike\CCN. 2003. OJ.26 Sroping Mtg Certification of Mailing Affidavir..doc - v " o CITY OF SANBERNARDlNO NOTICE OF PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT AND PUBLIC SCOPING MEETING CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA The City of San Bernardino will be the Lead Agency for the preparation of an Environmentallmpact Report (EIR) for the reinstatement of eminent domain powers lhfoughout the Central City North Project Areas. Central City North Redevelopment Proiect Area 'The Central City North Redevelopment Project Area is a 278-acre area delineated by Interstate 215 on the west, 8th Street on thenorth, Arrowhead Avenue on the ~t, and 4th/Court Street on the south. (Fourth Street betWeen the freeway and "E" Street, and Court Street between "E" Street and Arrowhead Avenue). ' .' ,1 .. ' , , , The proposed text changes to the Plan do not amend, modify, change, or .affect the physical or regulatory environment with regard to implementation of the Central City NorthRedevel~pri1ent Plan.;The use'of eminent :dolrtalnin ttie Central CitYNortliRedevelopment Project Area was originally part of the Central City North Redevelopment Plan when it was 'adoptM inF~bruary 173. This Plan was considered and evaiuated in the Overall Central City Plan and Program EIR prepared for the Plan in 1975. Eminent Domain powers in Central City North expired on January I, 1999. . Othe~ projeCts in the planning sti1gesloc~ted within the boundaries of the Central City North Redevelopment Project Area include a proposal iw the San Bernatdino City Unified School District to construct an elementary school, two " senior residentialt>rojects of 75 units each, and portions of the Lakes and Streams project, a joint water project between the City of San Bernardino and ,the San Bernardino Municipal Water District. Also included as related projects is a nroposed amendment of the Uptown Redevelopment Project to authorize reinstatement of the Redevelopment Agency's ( >er of eminent domain, rehabilitation of the Santa Fe Depot, arid a revitalization project for the area south of the Depot. Copies of the Initial Study for the Central City North Redevelopment Project Area are available at the Economic Development Agency of the City of San Bernardino, 20 I North "E" Street, Suite 30 I (above the Big-5 store), San Bernardino, CA during regular business hours between 8:00am - 5:00pm Monday thm Thursday and 8:00am - 4:00pm on Fridays. ' On Wednesday, March 26,2003, there will be a public scoping meeting concerning the Environmental Impact Report for the reinstatement of eminent domain powers throughout the Central City North Project Area. LSA Associates, Inc. ,has been retained to prepare the EIR and will be at the meeting to discuss the scope of the EIR and take commenis from .' .' - -. ".', - - -' . the public. This meeting, will be held at 6:00 pm at the Economic Development Agency. You may also submit written "coInments regarding the scope ofthe,EIR to Valerie Ross, Citi'af Sa'nBemardino Development SerVices Department; ,300 N. "D" Stfeel,si~ Bernardino,CA, 92418, through Monday, April 14, 2003. "" , '0; For additional' information, please contact John Hoeger at (909) 663-1044. : : 0, o CERTIFICATE OF MAILING SAN BERNARDINO COMMUNITY DEVELOPMENT COMMISSION CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA I, Mike Trout whose business address is at the Economic Development Agency of the City of San Bernardino, 201 North "E" Street, Suite 301, San Bernardino, CA 92401- 1507, do hereby certify that notice for the a Project Area Committee (PAC) formation meeting (attached as "Exhibit A"), for the Central City North Redevelopment Project Area, was mailed, via first class mail, to all property owners, residents, business owners, community organization representatives, and interested persons in the area of the Central City North Redevelopment Project Area as shown on the attached copy of the mailing list (attached as "Exhibit B") at the United States Post Office, in San Bernardino, California on February 5, 2004. o . I certify under penalty 0 f peIjury that the foregoing is true and correct. DATED: ,'4h ~/ 0< iJtJ Y ~~ Mike Trout, Project Manager Economic Development Agency of the City of San Bernardino Attachments: Exhibit A - Public Meeting NewsletterlNotice Exhibit B - Mailing List o Central City North Redevelopment Project Area Ctitiation of the 2004 Amendment to the Redevelopment Plan In October 2002, the Agency was authorized to proceed with the amending or !he Redevelopment Plan in order to re-establish the use or eminent domain to !he year 2013. The Central City North Redevelopment Plan establishes valious time and lInandaltimitations involving !he use of redevelopment tools within the 180 acre Project Area One 01 these time limits, involving the use of eminent domain to acquire real property in the Project Area, expired December 8, 1998. WhHe the Agency would be able to complete projects and collect tax increment revenue through August 6, 2023, the Agency could not commence any eminent domain proceedngs in the Project Area withOllt re- establishing eminent domain. The Central City North Redevelopment Project Area is zoned for Comme<<:iai and Residential Land Uses. The purpose of the amendment woutd be to reinstate !he power of eminent domain over all properties located within !he Central City North Redevelopment Project Area. As a substantial number or low<ncome persons or moderate<ncorne persons, or both, reside within the project area and the amended redevelopment plan as adopted will contain authority for the agency to acquire, by eminent domain, property on which any persons reside, public involvement is necessary. To" facilitate public involvement in the Proposed Redevelopment Plan "Amendment process, the City Council is providing for the creation of a Project Area ConvniUee ('PAC'). The PAC wiil function as an advisory body that r ..~s the Draft to the Amendment of the Redevelopment Plan and, in \"...:icular, will consull on housing and residential matters and provide a forum for information dissemination. Being a member of the PAC and working with the PAC provides YOll the opporiunity to safeguard YOllr interests and to provide input into the redevelopment process involving YOllr neighborhoods. The PAC also provides input and recommendations to the Mayor & Common CounciVCommunity Development Commission concerning the adoption of the Amendment to the Central City North Redeveiopment Plan. Important dates to remember "are: Thuf$daY, 6:00 p.m, February 19, 2004 - PAC information meeting at the Economic Development Agency, at 201 No~.h E Street, Suite 301 (above the Big-5 Store) " Thursday, 4:00 p.m., March 4, 2004 . PAC applications are due at the Economic Development Agency at 201 North E Street, Suite 301 (above the B1g-5 Store) " Monday, 10:00 a.m., March 8, 2004 - PAC absentee ballot will be available at the Economic Development Agency, 201 North 'E" Street, Suite 301 (above !he Big-5 Store) Thursday, 5:00 p.m., March 11,2004 - PAC absentee ballots are due at the Economic Development Agency, Suite 301 (above the Big-5 Store) Thursday, 6:00 p.m., March 11, 2004 - PAC elections, Economic Development Agency, Board Room, Suite 301 (above the Big-5 Store) Oencourage YOll to participate in the formation of the Uptown Project Area ~11T1iUee. PAC procedures and applications for persons interested in serving on the PAC are available at the offices of the Economic Development Agency, 201 North 'E' StreeL Suite 301, San Bernardino, CA. Should you have any questions; please contact Mike Trout, Project Manager, at (909) 663-1044. lniciacion a la Enmienda al Plan de reurbanizacion de 2004 En Octubre de 2002, la Agencia decidi6 considerar reformar eI Plan de reurbanizaci6n para restableoer ta facultad de dominio eminente hasta 2013. EI Plan de reurbanizaci6n de Central City NOlte establece varias limitaciones-lanto de plaza y de lInanzas-<Xll1 respeclo al uso de las facultades de ta reurbanizaci6n dentro de la ArOa de proyecto (180 acres). Uno de eslos plazas IImites, tocante la aplicaci6n de dominio eminente para adquirir bienes inmuebles dentro de la Area de proyecto, se vend6 eI 8 de Diciembre 1998, Aunque la Agenda podria complelar sus proyectos y recaudar ingresos de impuestos incrementales hasta e18 de Agoslo 2023, la Agencia no podra iniciar diligencias de exproplaci6n dentro de Ia Area de proyecto sin haber restablecido la facullad de dominio eminente. EI Plan de Reurbanizacion de Centrai City Norte esfa en zona para utilizacion de propiedades Commerciales y Residentales. La razon par este 'amendamiento sera para reslituir dominio eminente sobre tadas las propiedades localozadas dentro el Area de Proyecto de Uranizacion para eI Central City Norte. A un se encuentran personas con bakos ingresses y medianos, 0 Ios dos, reside denlro the area de eI proyecto y la plan de reurbanizacion como es adoptatda tendra conlension de facultad de dominio eminente, propiedad a donde ser 0 cual personas residen, envolvimienlo publico es necesario. Para facilitar la participaci6n pilblica en el proceso a gestionar durante una Propuesta reforma aI Plan de reurbanizaci6n, el Consejo dispone para la creaci6n de un Comito de area de proyecto ("CAP'). EI CAP luncionara como organismo consultativo que estudia el Borrador de la Enmienda al. Dalos importantes de recordar son: Jueves, 6:00 p.m. Febrero 19, 2004 - PAC junla de informacion al Agencia de Desarollo 201 North 'E' Street, Suite 301 (ariba de Big 5) Jueves, 4:00 p.m. Marzo 4, 2004 - PAC Aplicaciones son vencidades al Agencia de Desarollo Econornico, 201 North 'E" Street, Suite 301, (ariba de Big-5) Lunes, 10:00 a.m. Marzo 8, 2004 - PAC boIetos de ausentes seran diponible en la ollcina de Agencia de Desarollo Economico, Suite 301 (ariba de Big-5). ." Jueves, 5:00 p.m. Marzo 11, 2004 - PAC boIetos de ausentes seran venciados alia oficina de Agencia de Desarollo Econornico, 201 North "E" Street, Suite 301 (ariba Big-5) Jueves, 6:00 p.m. Marzo 11, 2004 - PAC E1ecciones, de la ollcina Agencia de Desarollo Econornico, Board Room, 201 North "E' Street, Suite 301 (ariba Big-5) Los animarnos que sean particpantes en la formacion de la Comision de Uptown Project Area. Plan de reurbanizaci6n y, en particular, consultara asuntos de vivienda y residencia, mas proveera un foro para la diseminaci6n de informes. Procedimiento de PAC y aplicaciones para personas interesados en servir en ef PAC estan a su disposicion en la ollcina de Angecia de Desarollo Econornioo, 201 North 'E' StreeL Suite 301, San Bernardino. Si tien qualquir pregunta, par favor de lIamar Mike Trout, Project Manager, al (909) 663-1044. o o o CERTIFICATE OF MAILING SAN BERNARDINO COMMUNITY DEVELOPMENT COMMISSION CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA I, Mike Trout, whose business address is at the City of San Bernardino Economic Development Agency, 201 North "E" Street, Suite 301, San Bernardino, CA 92401-1507, do hereby certify that the notice for the Joint Public Hearing on the Proposed 2004 Amended and Restated Redevelopment Plan for the Central City North Redevelopment Project and Certification of Final Environmental Impact Report (attached as "Exhibit A"), for the Central City North Redevelopment Project Area, was mailed, via first class mail, to all property owners,'residents, business owners, community organization representatives, and interested persons in the area of the Central City North Redevelopment Project Area as shown on the attached copy of the mailing list (attached as "Exhibit B") at the United States Post Office, in San Bernardino, California on June 18,2004. I certify under penalty of peIjury that the foregoing is true and correct. DATED: June 21, 2004 Jnk~ Mike Trout, Project Manager City of San Bernardino Econo~ic Development Agency Attachments: Exhbit A - Public Meeting NewsletterlNotice Exhibit B - Mailing List P;\Deve1opnent [kpt\m1:e\O:N. 2004, Joint Public Hc:amg Cut of Mailing Affidavit-dol; o o o NOTICE OF JOINT PUBLIC HEARING OF THE l\lA YOR AND COMMON COUNCIL AND TilE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO PROPOSED ADOPTION OF A 2004 AMENDED AND RESTATED REDEVELOPMENT PLAN FOR THE CENTRAL CITY~ORTH,:; f' REDEVELOPMENT PROJECT AND CERTIFICATION OF A FINAL ENVIRONMENTAL IMPACT REPORT FOR TilE UPTOWN REDEVELOPMENT PROJECT AREA AND TilE CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA NonCE IS HEREBY GIVEN TllA T the Mayor and Common Council of the City of San Bernardino ("Mayor and Common Council") and .I the Community Development Commission of the City or San Bernardino ("Commission) acting as the Redevelopment Agency of the ell)' of San Bernardino ("Agency, will conduct a joint public hearing OD Monday. July 19,2004, aI4:00 p.m., or as soon thereafter as may be practical, ---in theOry Ha.llCouncil Chambers;CityorSan Bemardin0;-300 North "D"SITect,:S:m-Betnudino, CA. 92401-.----'.~- ..------"--- The purpose of the joint public hearing will be to consider: (i) the certificalioo of a final Environmenal Impact Report for the Upfown Redevelopment Project Area and the Central City North Redevelopmenl Project Area (the "Combined Project EIR; punuant 10 the California Environ.mr:ntal Quality Ace ("CEQA j; and (ii) the approval of. proposed 2004 Amended and Restated Redevelopment Plan for the Central City North Redevelopment Project ("'Amendmentj. -. Project Location: The redevelopment proje<:t area. of the Central City Redevelopment (YProjea Areaj includes approximately 278 acres ofland within the City of San Bernardino, California. The Project Area boundaries are Eighth Sired on the north, Fourth S~t on the south, Arrowhead Avenue 011 the east and the Interstate 215 Freeway on the wesl A map which depicts the boundaries of the Project Area is included in this Notice of Joint Public Hearing relating to the Amendment and the Combined Project EIR. A metes and bounds legal description of the Project Area boundaries has previously been recorded on August 16, 1973 at Book 8248, Page 548, Official Records of the Recorder of San Bernardino County. The metes and bounds legal description of the Project Area is on file with the Agency Ind a copy may be obtained by Iny int~f1ed person It no tosl from the Agency's offices at 201 North ME" Street, Suite 301, San Bernardino, California 92401 during regular business hours. Description of Proposed AtriODS: The Project Area continues to display a number of symptoms of blight. The Agency currently has the power to purchase property in the Project Area in support of redevelopment its efforts only on :I negotiated basis. The authority of the Agent)' to use eminent domain powers to acquire property necessary for the elimination of blight in the Project Area lapsed in 1998. The main fOClLi of the propD$ed action authorized under the Amendment is the reinstatement of the Agency's eminent domain powers in the Project Area to acquire property for community redevelopment purposes upon the payment by the Agency to the owner of just wmpcnsation for such property. If adopted, the Amendment will reinstate the Agency's power_ to acquire property by exercise of eminent domain in the Project Area for an additional 9 yeatS (10 August 6, 2013). Reinstatement of the power of eminenl domain for the Agency to acquire property wiU not change the Project Area boundaries or alter the types of redevelopment activities or public improvements which the Agency may undertake or finance. The Combined Project EIR contains an analysis of the potential advCBC effect on the environment if the Amendment is approved. The Combined Project ElR also identifies specific mitigation measures, which if implemented will reduce certain potentially adverse effects to a level which is less than significant, However, the Combined rroject_EIR does indicate that potentilllly adverse effe<.:ts ~nnol_ ~ fully mitigated or avoided, and these include shOT1tenn construction air quality impacts, long term mobile source air quality impacts, and long tenn traffic impacts on 1-10 and 1-215, since these freeways are underClltransjurisdiction and there is no regulatory mechanism for property owners or developen to make fair share contributiOl\S 10 the cost of improving such mainline freeway segments. At the time when this Notice of Joint Public Hearing is issued, the Agency has no plans and has taken no other aelion to acquire any property in the Project Area by eminent domain. The Agency staff reconunends that the reinstatement of the eminent domain powers of the Agency to acquire property in the Project Area, in supportofa specific redevelopment activity in the future, ifneces.sary, will enable the Agency to prevent and eliminate the spread of blight in the Project ~a.. Furthermore the Jl:instatement of such eminent domain authority will allow the Agency in appropriate situations, to as.s.ist both existing owners of land or businesses in the Project Area as well as other private emities with the assembly of land for redevelopment and the elimination ofblighl The Amendment also makes a number of technical changes to the text of the Redevelopment Plan for the Central City North Redevelopment Project, as amended, in order to: (i) rescind the authority of the Agency to enact special land development regulations for property within the Project ~a and to confmn and acknowledge that the City general plan and development standards are applicable to all redevelopment or rehabilitation activities in lhe Project Area; and (ii) confinn and acknowledge that currenl-day relocation assistance regulations and low and moderate income housi~g pRSCrvation and developmeot prog~ are applicable to the Project Area. The Project Area, and in particular lands which are comrnen::ially and residenti.lly zoned, may contain sites that are li:rted in the State of California Hazardous W~le and Substances Sites List JIUBlIant to Government Code Section 6S962.5(e). Public Revi~w of Ih~ Amndtm'nt, lh~ Combin~d Proj<<l EIR and Rd.tfll DocumntJ: The Agency's Report to the Mayor and Conunon. Council ("Reportj on the proposed Amendment will also be presented at the joint public hearing. The Report, the text of the Amendment, and text of the Combined Project EIR, together with the written response to comments previously received on the Combined Projecl EIR are available for public review and copying at the AgenCY'$offiCC$at 201 North "E" Street, Suite 301, San Bernardino, CA 92401. At the joint public hearing. the Mayor and-Common Council and the Commission will consider all~vidence .nd testimony submitted tly interested persons for and against the proposed Amendment and the Combined Project EIR. All persons h.ving any objectioo to the proposed Amendment and the Combined Project EIR may appear before the Mayor and Conunon Council and Commission and show cause why the proposed Amendment should note be adopted and the Combined Project EIR should not be certified as final. At any lime, not later than the hour set for thejoinl public hearing, any person may file a wrinen statement with the City Clerk of their objection to the proposed Amen~t or the Combined Project EIR. The address of the City Clerk is City Hall 300 North YO" Street, San Bernardino, California 92418. All written and oral comments of interested persons will be considered by the Mayor and Conunon Council and the Commission at the time "f the joint public hearing on July 19, 2004, as scheduled above. If a written objection to the Amendment or the Combined Project EIR is submitted to the City Clerk before or at the time of the joint public hearing. the Mayor and Conunon Counc;il will prepare written findings in response to such a written objection and conunenl prior to adoption of the proposed Amendment and certification of the Combined Project EIR. If an interested person ~ves a copy of this Notice of Joint Public llearing by United States Mail, such delivery by mail indicates thai the interested person either owns property in the Project ~a or owns a business andlor resides in the Project Area. If the Amendment is adcwted,. the Agency could in the future acquire any property in the Project Area by eminent domain, subject to the Agency's compliance with the requirements of all applicable law and paymenl of just compensation to the owner. 'c' o 0---- o If you have any question regarding this Notice of Joint Public Hearing and Certification of the Combined project EIR. or if you have any othcT question regUding the Arnmdmc:nt, the Combined Projcct EIR 01" any of the related doeuments, please COfItad Mike: Trout. Project M;maga. at (909) 66J-1l!44 during regulu busioess houn of the Agency. or contact him by email at mtroutra!sbrda.orl!'. Notice of Joint Public Hearins given JllIle 18,2004. Publishln:~ JWle24,2004 luly 1,2004 lu1y 8, 2004 CITY OF SAN BERNARDINO !SI RachdClark CityC\erk REDEVELOPMENT AGENCY OF TIlE CITY OF SAN BERNARDINO ISJ Garv Van Osdd Agency Secretary {Map ofProjcct Area Boundary Altac:hcd: Central City North Redevelopment Project] .all~ II .lIm~ .~. ~bId~~a !~ !~ r7 CENTRAL CITY NORTH " ..,.... NO"'" 1- COURTSTREl"T .;. LOSI-IOPZ6 V'J 'OU!p,"wog uus IO( OI!"S 'IOOl1S "3,, lploN IOZ houaiiv luawdopAaa o~ouo:>3 o o o DECLARATION OF MAILING I declare that: I am a citizen of the United States, employed in the City of Santa Ana, County of Orange, State of California, over eighteen years of age, and employed with the ROSENOW SPEVACEK GROUP, INC., doing business as consultants for the ECONOMIC DEVELOPMENT AGENCY, City of San Bernardino, County of San Bernardino, State of California. My business address is: 217 North Main Street, Sutie 300, Santa Ana, California. I served the following documents by certified mail with return receipt requested: 1. Notice of Joint Public Hearing - For the Proposed Adoption of a 2004 Amended and Restated Redevelopment Plan for the Central City North Redevelopment Project Area with the United States Post Office (Spurgeon Station) 92702, in Santa Ana, California. By mailing true copies thereof on Friday, June 18, 2004, to the entities attached hereto. I declare under penalty of perjury that the foregoing is true and correct; and that this Decleration was executed on Tuesday, June 22, 2004. David F. Gilbert ROSENOW SPEVACEK GROUP, INC. It G:\RSG\Administration\MAILING DECLARATIONS\DM_Satl Bemadino_CCN 062204 DOC o NOTICE OF JOINT PUBLIC IlEARING OF TilE MAYOR AND COMMON COUNCIL AND TIlE COMMUNITY DEVELOPMENT COMMISSION OF TIlE CITY OF SAN BERNARDINO PROPOSED ADOPTION OF A 2004 AMENDED AND RESTATED REDEVELOPMENT PLAN FOR TIlE CENTRAL CITV NORTII' REDEVELOPMENT PROJECT AND CERTIFICATION OF A FINAL ENVIRONMENTAL IMPACT REPORT FOR TIlE UPTOWN REDEVELOPMENT PROJECT AREA AND TilE CENTRAL CITY NORTII REDEVELOPMENT PROJECT AREA NOTICE IS IIEREBY GIVEN THAT the Mayor and Common Council of the City of San Bernardino ("Mayor lIt1d Common Council) and the Convnunity Developnw=nl Commission of the City of San Bernardino ("Conunissionl acting as the Redevelopment Agenl;)' of the City of San Bernardino (~Agalcyj will condu<:l a joint public hearing 00 Monday, July 19, 2004, 114:00 p.m., or as 500Il thereafter as may be pl'1l.ctical. ---;nthc-Clty Hall Council 0Iambers; City of San Ikmardin0;-300 NCtrth ''D''Street.. San-Betnardino, CA 9240J.:--..-,-..--",--,.. .~~. ., The purpose of the joint public hearing will be to consider: (i) the certification of I final Environmental Impact Report for the Uptown Redevelopment Project Area and the Cenlral City North Redevelopment Project Area (die ''Combined Project ElR, pursU3II1 to the c.1ifomia Environmental Quality Ad: ("'CEQA'1; and (ii) the approval of. proposed 2004 Amended and Restated Redevelopment Plan for the Central City Nonh Redevelo~nl Project ("Amendment"). ProJtc:t Loudon: The redevelopment project area of the Centnll City Redevelopmenl ("Project Arta, includes approltimalely 278 acres of land within the City of San Bernardino, California. ~ Project Area boundaries life Eighth Streel on the nonh, Fourth Street on the $OUtb, Arrowhead Avenue on the east and the lnterrtate 215 Freeway on the west. A map whicb depicts the boundaries of the Project Area i, induded in this Notice of Joinl Public Hearing relaling to the Amendment and the Combined Project EIR. A metes and bounds legal descriplion oflhe Project Area boundaries has previously been recorded on August 16, 1973 at Book 8248, Page 548, Official Records of the Recorder of San Bernardino County. The metes and bounds legal descriplion of the Project Atea is on file with the Agency and . copy may be obtained by any interested person at 00 cost from the Agency's offices at 201 North "f" Street, Suile 301, San Bernardino, Californi. 92401 during regular business hoW"$. o Dacrlption of Propostd Actions: The Projea Area continues 10 display a number of symploms of blight. The Agency currently has the power 10 purchase property in the Projec1 Area in support of redevelopment ils efforts only on a negotiated basis. The authorily of the Agency to use eminent dOfNin powe~ to acquire propeny necessary for Ihe elimination of blight in the Project Atea lapsed in 1998. The main focus of the proposed action authorized under the Amendment is the reinstalemenl of the Agency's eminent domain powers in the Project Area to acquire property for wmmunily redevelnpment purposes upon the payment by the Agency to the owner of just compensation for such property. If adopted, the Amendment will reinstate the Agency', power 10 aequire property by eltercise of eminent domain in the Project Area for an addiliOl1aJ 9 yean (to Augus! 6, 2013). Reinstatement of the power of eminenl domain for the Agency to acquire ~ will not change the Projecl Area boundaries or aller the types of redevelopment aClivities or public improvements whkh the Agency may undertake or fmancc. 1be Combined Project EIR contains an IlNIlysis of the potenlial adverse effect on the environmenl if the Amendment is approved. The Combined Project EIR also identifies specific mitigation measures, which if implemented will reduce certain polentially adverse effecl5 10 a level which is less than significant. However, the Combined J>rojecl..ElR does indicate that potentially adverse effects cannot. be fully mitigated or avoided, and these include short lenn construction.ir quality impacts, 101lg tenn mobile SOIIfce air qualily impacts, ind long -term traffic impacts on 1-10 and 1-215, since these frttw.ys Me under Calln111s juri$diction and there is no regulatory mechanism for property owners or developer5 to make fair share contributions to the cost of improving such mainline freeway segments. Al the time when this NoIJce of Joint Public Hearing is issued, the Agency has no plans and has taken no other action to acquire any JlI1>Perty in the Projcd AreI: by eminent domain. The Agency staff recommc:rkl$ that the reinstatemertl of the eminent domain powers of the Agency to acquire property in the Project Area, in support of a specific redevelopmenl activity in the future, if necessary, will enable the Agency to prevent and eliminate tbe spread of blight in the Project ~.. Furthermore the reinstatemenl of such eminent domain authorily will allow the Agency in .ppropriate SilualiolU, to assist botb eltisting owners of land or businesses in the Project Area as well as olher private entities with the assembly of land for redevelopmenl and the elimination of blight. The Amendment .lso makes a number of technical changes 10 the teJtt of the Redevelopment Plan for the Centra.! City North Redevelopmenl Project, as amended, in order to: (i) rescind the authority of the Agency to enact special land development regulations for property withill the Project Are. and to contino and acknowledge that the City general plan and development standards are applialble to all redevelopmenl or rehabilitation activities in the Project Area; and (ii) confirm and acknowledge that current-day relocation assistance regulalions and low and moderate income housi~g preservation and development programs are applicable 10 the Project Area. The Project Area, and in particular lands which are commercially and residentially zoned, may contain siles that are listed in the Stale of California Hazardous Waste and Substances Siles List punuanllo Government Code Section 65962.S{e). Publi: Review of the Amf'odmeol, the Comhined Project EIR ..d R.,laled Documeots: The Agency's Report to lhe Mayor and Corrunon Council ("Report") on the proposed Amendmenl will also be presented .t the joint public hearing. The Report, the teltl of the Amendment, and text of the Combined Projfd EIR, logether with the written response to commenl5 previously received on the Combined Project EIR ate available for public review and copying at the Agency's offICeS al 201 North "E" Street, Suite 301, San Bernardino, CA 92401. At the joint public hearing. .the Mayor and. Common. Council and lhe Commission will OOll$ider a1l-~idence and tesrimony submitled ~y interested persons for a.nd 'S-inst Ihe proposed Amendment and the Combined Project EIR. AU pet'SOl\s having any objection to the proposed Amendment and Ihe Combined Project EIR may appear before the M.yor and Common Council and Commission and shIJW cause why the proposed Amendment should nOle be adOpled and the Combined Project EIR should not be certified as final. At .ny lime, not later than lhe bour set for the joint public hearing. any person may file a written statement with the City Clerk of their objection to the proposed Amendment or the Combined Project EIR. The address of the City Cieri: is Cily Hall 300 North "D" Street, Sa.n Bernardino, California 92418. All wnlten and oral convnents of inlcreSled penons will be considered by the Mayor and Common Council and the Commission al the time of the joint public hearing on July 19,2004, as scheduled ahove. If a written objection to the Amendment OJ the Combined Project EIR is submitted 10 the City Clerk before or at the time of the joint public bearing. the Mayor and Corwnon Council will prepare written findings in response to such a written objection and comment prior to adoption of the proposed Amendmeot and certification of the Combined Project EIR. o If an interesled pason receives a copy of this Notke of loinl Public Hearing by United Stales Mail, such delivery by mail indicates that the interesled person eilher owns property in the Project Area or owns a business and/or resides in the Project Area. If the Amendment is adQpled, the Agency could in the future acquire any property in Ihe Project Area by eminent domain, subject to the Agency's compliance with the requirc:rnc:rlts of.1I applkable law and payment of just competIulion to the owncr-. '.- o 0------ o If you have any questioo regarding this Notice of Joint Public Hearing and Certification of the Combined Project EIR. Of if you bave any other question regarding the AmmdmeJJt. the Combined Project ElR or any of the related documents. r1ease contact Mike Trout. Project Manager, at (909) 663-1044 during regularbwines.s bouniofthe Agency, orconlact him by email at mtroulliilsbrda,orl!. Notice of Joint Public Hearing given June IS, 2004 CITY OF SAN BERNARDINO IS! Rachel Dark CityCkrk REDEVELOPMENT AGENCY OF lHE CITY OF SAN BERNARDINO IS! OarvVanOsdel AgencySecrewy PublishID::IM..S!!!l June 24, 2004 July 1,2004 July 8,2004 [Map of Project Area Boundary Attached: Central City North Redevelopment Project} . .ag~ II SEVt'1fTll5fMEf lIlEYlNTIlSTAUT .IIII~ ~ ~rn~~a ~ ~ iir7 "",. NO_In" CENTRAL CITY-NORTH COUATS'R>n LO, l-lOvl6 V;) 'omp11JW08 U'S IOE OI!"S 'IOOJIS "3,, qlloN IOl ^:)U;)~V lUJwdop^~ ~!WOUO'Jg \ - '" < MR. MARKUFFER, iNTERIM CAO SAN BERNARDINO COUNTY ADMINISTRATIVE OFFICES oo~ N ARROWHEAD AVE, 5TH FL C3ERNARDINO CA 92415-0120 DR. HERBERT FISCHER COUNTY SUPERINTENDENT OF SCHOOLS SUPERINTENDENT OFFICE 601 N "E" ST SAN BERNARDINO CA 92410 DR. ARTURO DELGADO, SUPERINTENDENT SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT 777 N "F" STREET SAN BERNARDINO CA 92410 MR. DONALD WILLIAMSON SAN BERNARDINO COUNTY ASSESSOR 172 W. THIRD STREET SAN BERNARDINO CA 92415 MR. JOHN NOWAK REDEVELOPMENT ADMINISTRATOR SAN BERNARDINO COUNTY 215 NORTH D ST STE 304 SAN BERNARDINO, CA 92401 o o ;:\JlSG\SANBERDO\Uptown EDAmcnd\Uplown Tlllingagcylabels.doc MR. JOHN PRESTON MILLER PRESIDENT OF THE BOARD SAN BERNARDINO CO. BOARD OF EDUC 601 N . "E" ST SAN BERNARDINO CA 92410 MR. FRED WILSON - CITY ADMINISTRATOR CITY OF SAN BERNARDINO 300 N "D" STREET SAN BERNARDINO CA 92418 MR. C. PATRICK MILLIGAN, PRESIDENT SAN BERNARDINO VALLEY MWD PO BOX 5906 1350 S "E" STREET SAN BERNARDINO CA 92412-5906 MR. PATRICK MEAD, INTERIM DIRECTDR COUNTY OF SAN BERNARDINO PUBLIC WORKS - FLOOD CONTROL 825 EAST THIRD ST SAN BERNARDINO CA 92415-0835 MR. DONALD AVERILL, ED. D., CHANCELLOR SAN BERNARDINO COMMUNITY COLLEGE 114 S DEL ROSA DR SAN BERNARDINO CA 92408 MR. LARRY WALKER SAN BERNARDINO COUNTY AUDITOR/CONTROLLER 222 W HOSPITALITY LN SAN BERNARDINO CA 92415-0018 o , , ~, E4/ The Sun - San Bernardino County: Thursday, June 24, 2004 I I " , NOTICE OF JOlKT PUBLIC HEARING Of Tlif MAYOR AND COMMQH COUNCIl AND THE COMMUNITY DEVELOPMENT . COUMlSSION OF TIlE em OF SAN BERNARDINO r\ ,To t. PROPOSED ADOPTION Ot: A 2004 ANENOED AND RESTATED REDEVELOPMENT PLAN FOR rnE CENTRAl arv NORTli REDEVELOPMENT PROJECT AND CEAT1FICATIOH OF A FINAL ENVIRONMENTAL IMPACT REPORT FOR TliE UPTOWtl ' REOEVELOPMENT PROJECT AREA AND THE CEHTRAL CfTY NOATH REDEVElOPNENT PROJECT AREA . . . ) . . .'. NOTICE IS HEREB~ GYEN THAT Ih8 MaYor and ConYoon eo..nc. oIlhe..'CMr 01 Sa\ Bemardno ("Mayor and CotMion Cotri:iI'I and !he CominunityDevelapmenlCommissionollhe_C<<yolSan~('CommissaI'Iacl:i1gaslheAedevelopmenlAgencyolIl9ClyolSan . Bem~ rAgency") WI1ICOI'llb:::taj.)Q pOOIic'-YIg on Monday, July 19, 2004, at 4:00p.m.; or 1$ soon 1h6realtef'all may be practical, ~ IheCityHaICouncilChambels,CtyolSan~.300~.'D'Slr~SanBemardm,CA92401. . ", ",' _ ' '.1 -. ',. ~'.' . -. .' ; r " . _. . ,ThepurpOseof~joDpublc:heal'i1g wi be to 0'JIl8ider: (ij 1he certiflC8tio1tol a mal EnWonmentaIlmpactRepcirtlorf1eUplown A~ProjoclAr9a-andlheCenttalCityNorthA8deYeIopmentf>n:lleclArea(lhe "CombiledPTojecl EIR1plnUanllohlCalikiinia EnvWoomenlal QuaI1ty Ad ('CEOA'~.and (ii) Ihe approval oIa proposed 2004 Amflnded lI'ld ResIaIed Redeottbpment P1M!of lhe Centra) Cit)' '~~Project('~l.' -. '. Proj&cl: loealiOn: The fadOwelopmenl: projecl arB8 OIlhe CMtraICily A6dewIopmlllll ("Pro;ect.'.ru")idldes ~tetj 278 acresolllll1d wiItWIlheGayol San Bemarcirio,CaIi/ornia. The Pm;edArllabo\.ndariesare Eightl Street on lhe north, FourthStrae(llIlItl8soulh,~ad Averkl&on!he eut and !he ~letState 215 Freeway on tM.west A map 'IoiIictl depi::ls tle bou'w:ial16s ollhe' ProjedArea isilduded nibs NoticeolJOOlNlli:"HeamijllllatiilgklflaAm8nli'nenlanclthe~ProjedEIR. " o . . A~_a'ldbol.rodlllegal~oIIh8Proj&ctAreab:>lrdlrieshaBpreviooslybe6nlecord8dOllA.ugusl16,1973atBook8248,Pa9ll548, OtIldaIR~oIlleReoordelolSariBemrinoCoo:1ty. Themetesand~legal~oItlePro;ectNeaiscinlilewilhlh8Ageocy nl a oopy may btobtainedtlfany nteresledpersonal noCXlSt nom IheAgency'B oftiC8S at 201 North"F' Street, Suile301, SanBemardino, Calibnia9240ldumglll!JllalbusOesSIlOlJls.. I" OescriptionofPropoaedA.ctIon.:TheProjedA.reaCOl'llffleslodlsplay'l\IlITIblIrofS't'llplOOlBofbigl1:,TheAfIOOC'ICUI'l'll/'I1lyI\asf18~81 Iopntlasepropertyw, IhePro;ectAreab S'4JPOI1.oI redev<3lopmeot its EIlIOfts only on a negoIialed basis. The authoriIyof lIIIlAQ8I'ICfIo UstI em!lenldornllinpOwmloacquirepropertynecessal'ffortleefiminalionol btighli11h8Pmjecl.&.r&a lapsed in 1996. The main locus 01 the proposed adion authorized under !he AmardneN Is !he reinstatement oIlhe Ageo:;($ enW1ert domair1 pow8I$ in !he Projtcl Area to ac<pJ" propllrtylorCOlMllrilyredevelQpmOOlplJ"posllsl4'O'llfltpaymetltbyIheA'J8I"CYIOIheO'/ltl'lel"ofjustcompensalioolorsuChproperty. /I adopIed,IheAn1enltneolwllfenstatelheAgeocy'sl)OWlll'lOlcquirepropertybyexetciseolamilef1tdoolailnlhtProjectArealoran adcitionaI 9~(bAl9'Sl6,2013). ReIlsIalernentoltlepowerolemnemdomanlor!heAgerqloacquir&prop&rty'ftilnotchangedle Projocl:AleabculdariescrallerlhelypesolllldevelopmentactivilieSOI"publiclfllrovell'Hlr1ts-..tichIheA.gEn;ymayl6ld&rlakaorlilanoo.1he Combined Proj&ctEIRcootai1s...analysisollh&potll/'l~aladv&rs&e"ectonlhaenWomtent'be~isappro't'ed. ThtCombiled Pfoj&ctEJftalsoi:l&ntifi&s&peet.cmitigationmeasures,which~ implemeotedwill reducecarlai1polenlial1yadverseellactsloa level which is 1Bss1lW1~tb.wever.IheCombinedProjeclEIRdoe$indical&lhatpoteOOalyadvefseeffactscanru:.btlulymi91edoravok:led.and \heSIIh:U:ieshotll&rmconstnlClioo.airqualityi'npacts,.~l&rmroobileSOU'Ceairqualilyimpads,andlooll1ermlralficinpadson~IOand 1-215.$inr;e~8S0!eow!fSarelilderCaltransjuriSdction MdIher.lsno(~medlanismlarproperty~"Of,~~~Iait. stlareconlrtlulionslo~COSlolirr'opnM-lgSlJti1mai11in8l1'eewaysegnents.. ..... - "..,...: ~N~.~'~'~~Z~~~:~.~,IheA~.~'M'~IIJi~;~no<<tW~Io~'Wly~~ in I'MI PfojectAr~ by.emtlentcbnai1::Th8Ageneyslafl recoinmends lnallh& reJ1staIemeofol f1e fII'fli1en(tbnailpowers oIlh8A<yrcj 10 lICquireproperiyinIl}eProjectArea.il_aWooola$p9CifiC"redeveIopmenIacliYily i'llheIlAur8,.~,-wilenablelheAgerq_~prevent Md.~-~~.oIb1ighlinIltProjedArea. ~_urthenOOr'lh&rainstalemenlolstdlernioent..~~wi1~lheApelx:yi1 appl'Dpriatntualionslloassistt)OlheJ:is~ngClWrler$oIla11lorbusilesses"'lheProjeclAreaaswel_asolherprlvalaenlilitswilht.e ~~~~,:r~_~0'~~,~" "'.', ':_,.- ' ',~ .,. ...' Th8hnanoinental9ornak8SlIin~oItachnicaldllWlgesloltl81exldlheAedevelopmtnlPlan1of"llCentl8lClyNor1hRedev$1opm8l1l Pfojact,BS~,h~_IO:(i)rMcind.t.illulhodyoltlle~.~enact.. "._ . .'''' Lsnd._dewIoJl!nent. ~._,'tio!la,lor. """".... '~." PfojectAreaandllcoofirmand~lIlIIllheCity~raIpmn.Inl~~'II"'.spPIicabIlltoal.f~or rehablitaOOnacrMliesinlheProjectAte&;Md(ii)oorhm,and~thalane(llIdaY~>~~'andloWlnd' IllCJdoqlei1com&l1ousngpreserv.rtionand~pmgramllaruapplicableloIheProi8aArea.'" :'.~ . W . . , . o o o o The Pfo;octArea. lnlin particUlarlanlil wtW:h areoornmorciallyand(~zooad.may_contai1 si1es~-Mkledinf1eStateol Cali1omia~Wasf8andStOslancesSilEl$Ur;tptnUllr1lIo~CodeSoctioo65li62.5(e"_'l-:r",,.. . ;,:.~ ,.- . ., Publk:RewieW of the Amendment, the CombIned Project EIR anc.^RoIllled~: TlM~il Rep)n~lhe ~ aroComrnon CooocI("Report"Jllll8leproposedAmenltneolwilalsobepresented,allhejoWltplbicheamg.TheReport,fle~oIt1eAm~arid ,lelct of,lhe Contliled project EIA, togel!lel' with hi wriIlen ~.to COIl'mIItQl'~sty reoei'Iedon#le_COOtJiI)ed PrOjectElR are evdabIelorp..tlicreo.iew~~atllle~.~~20IN~'E"~SultI!.~,Sail~';CA~40t;<' '~";~',;.' ;' AI.... join: J:J.blic hflaring,1he Mal'Ol' <V1d Common Coura and it.."CornrnissIoi. wi ~'aII_eWIonai and ~ ~'by Wetesled~loraMagainsttleprOposedAmeodmenlandIheCombinedProjectE1R. Alpet$)n&MmgaoYobjocliontotheproposed Amen<:mentandlheCornt:iQd Prc;ectEtR may awwbelore,lhe Mayor and CoowronColJnci1 andCanmissionandshowcausewhyhl ~~sholJ:tnctebe~MCIIheConlbfledProjectE1Rshouklnolbecertiliedufinal. N.~lIn8.notlallll'fIan_tle~ Htlorlhepintpublic heamg, jgtyperson may lie a 'wnttenstatemenlwilh 1M PfyClelkdltlelrQtljection to'the proposedAmelOnenlorIheCombinedPlOjedEIR. Thea.:bessollhee<<YC1eIkIsCilyHal XWJNorthoU Sb'eet,SanBemardina, Cali1omia9241S: AI'Miller18Odoralcommeotsofn:8l'ul~pel'SOnSwillb8~byIheMayorandCOmmon-Colma1andlh&~ . atlhelineollMljDinlpo.tllicheamgonUr 19,2004,ll$llCtMldded'above. lIaWnnooobjedionlolheAmerdnelllorlhecOOlbinedProj8cl ElR is liWrMIedlo!he CityOerkbeloreor allhe Wneoflllejointplblic hearing,!he Mayor and Common Coln:i wilpl'eparll ~en mdflgs "response 10 such a wOllen objlIction m commllnl prb' 10 ~ 011108 propo&lld Amendrneril and oertbtion ollhe CooOned~ EIR. . . ,". I . ".,j.. II an inteltlSled perwn'rece;..es II copy of IhiI Nofice of Joint NIIic Heamg by lklrled Stales Mai, tuCtl ooWery by rMi in<icates 1NI1he lltef6$tedpllfSOl'l eilheroo.m5prcpertyin twProjer;fAr&aOfownsatrusines6iW1do'orresides nile ProjectAI'8I. IlIheAmeOO'nelllis aclopt<<I," t1eAge<<:yci:M.*jillhe lWnacqiJi'elMlYptOpflItyillhe PmjectArea byemi'lertdoma." subjecllolheAgency's compIia1Ce_wilhlhe ~~alIapplicab1elawan:lpaymenldiusl~Ullotheowner. ' .:JI~t\aveMl)'~r~lhiisN~olJoO;Nlic~andCeltiftationof"";~Projec:lEIR.orlycu"Mve-~Yo1hef QU6SIion regardi1glhe~ f1eCoOOnedProjectElRoi"anyoflhetQlaleddoctrnents, p(easeiXll'ltao:jMik. TfO\A, Project MIM'IaQet,IIl (l109)66J..10:4.dtmg~rbusinesshoutsofh"gency,orCOl'llaC!hmbyemail'81mtrou10sOO:laOl1l, . . ,',,__ ",..' '. _' ',' ~:: " /, .,' , .' _~',,_, ..' ':" J j The,CilYoISanBernan*lorllCOoJ1i2esU~loprovile~'eceesslopublic&eM:::&slOthoselndi\lldualswilhdSablit!,ls.Ptease oontad Ile Director"of Fdties..M~ {3M-52-44} ~woOOng'days prior to 1he meetng'\wh'&n{I'llQU6$fS,IorJeaSOnable . accol"modallo..,loh:ludeJilerpret6rS._ " : . '.;.- ." ;. '. . ^:' NOtuol_~NlIC~'~~l8.2004, . ; (- em- OF SAN BERNARDINO . . lSJ RadllllClark """'" AfDEVaOPMENT AGENCY OF TliE CItY OF SAN BERNARDINO ISJ Garv Van OsdAI' \' "'-'- .' '.,1' 'I 1 '~a"b; II ..E-i;~ '.~~~. --" ... ~~ , , CENTRAL CITY NORTH ',.. .<' \r,<; PWhhrdl.Jf1~~~ .. -._....~'" o o o '1 MINUTES CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA COMMITTEE (PAC) CITY OF SAN BERNARDINO REGULAR MEETING July 7, 2004 1. CALL TO ORDER Chairman Claborn, at 6:39 p.m., called the regular meeting to order for the Central City North Redevelopment Project Area Committee (PAC) Wednesday, July 7, 2004 in the Board Room at the Economic Development Agency, 201 North "E" Street, Suite 301, San Bernardino, CA. PAC members present: David Suiter, Miranda Zienowicz and Bryan Claborn. PAC members absent: Adam Eliason Also present: Mike Trout, Economic Development Agency. Members of the public present: none 2. PUBLIC COMMENTS None 3. CONSIDERATION AND APPROVAL OF THE CENTRAL CITY NORTH PROJECT AREA COMMITTEE MINTUES MOTION: That the minutes of the Central City North Redevelopment Project Area Committee Meeting of May 12,2004 reviewed as submitted in Typewritten form and approved. A motion was made by Committee Member Suiter and seconded by Committee Member Zienowicz that the minutes for the Mayl2, 2004 Central City North PAC meeting be approved. The motion passed 3-0. 4. DISCUSSION OF AUGUSTUS D. SUITER LETTER AND POSSIBLE ACTION PAC members discussed the letter which described the lack of ball fields, basketball courts and/or other recreational facilities within the project area. After discussing the need and benefit to not only those in the project area but also to those in the surrounding community, a motion was made by Committee Member Suiter and seconded by Committee Member Zienowicz that Mike Trout, Project Manager, prepare a letter, in behalf of and for the signature of PAC members, to Mayor Valles outlining the need of sporting facilities in the project area. The motion passed 3-0. o o o '1 5. DRAFT AMENDED AND RESTATED CENTRAL CITY NORTH REDEVELOPMENT PLAN MOTION: That the Central City North Redevelopment PAC recommends to the Mayor and Common Council and the Community Development Commission to adopt the Draft Amended and Restated Redevelopment Plan for the Central City North Redevelopment Project Area. PAC members and Agency Staff discussed the need for the amended and restated amendment. Also discussed the amendment adoption process, what would take place at the July 19, 2004 joint public hearing and when the ordinance would take affect if adopted at the July 19, 2004 public hearing. A motion was made by Chairman Claborn seconded by Committee Member Zienowicz that the PAC recommends to the Mayor and Common Council and the Community Development Commission adoption of the Amended and Restated Redevelopment Plan for the Central City North Redevelopment Project Area. The motion passed 3-0. 6. ADJOURNMENT A motion was made by Chairman Bryan Claborn and seconded by Committee Member Miranda Zienowicz that the meeting be adjourned to Wednesday, August 4, 2004 at 6:30 p.m. in the Board Room of the Economic Development Agency, 201 North "En Street, Suite 301, San Bernardino. The motion passed 3-0. The meeting was adjourned at approximately 7:41 p.m. By: Adam Eliason, Vice Chairman/Secretary ) AGENDA . CENTRAL CITY NORTH PROJEC A COMMITTEE CITY OF SAN BERNARDNO Regular Meeting Wednesday, June 2, 2004 Economic Development Agency 201 North "E" Street, Suite 301 San Bernardino, CA 6:30 p.m. NOTICE TO THE PUBLIC o THIS MEETING HAS BEEN CANCELED o o o o MINUTES CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA COMMITTEE (PAC) CITY OF SAN BERNARDINO REGULAR MEETING May 12, 2004 1. CALL TO ORDER Mike Trout, Project Manager, at 6:34pm, called the regular meeting to order for the Central City North Redevelopment Project Area Committee (PAC) Wednesday, May 12, 2004 in the Board Room at the Economic Development Agency, 201 North "En Street, Suite 301, San Bernardino, CA. Those members of the PAC present are as follows: Adam Eliason, David Suiter, Miranda Zienowicz and Bryan Claborn. Also present: Mike Trout, Economic Development Agency. Members of the public: none 2. PUBLIC COMMENTS None 3. CONSIDERATION AND APPROVAL OF THE CENTRAL CITY NORTH PROJECT AREA COMMITTEE MINTUES MOTION: That the minutes of the Central City North Redevelopment Project Area Committee Meeting of April 20, 2004 reviewed as submitted in Typewritten form and approved. I A motion was made by Committee Member Bryan Claborn and seconded by Committee Member Adam Eliason that the minutes for the April 20, 2004 Central City North PAC meeting be approved. The motion passed 4-0. 4. ELECTION OF PAC OFFICERS A motion was made by Committee Member David Suiter and seconded by Committee Member Adam Eliason that Bryan Claborn be appointed as the Central City North PAC Chairman. The motion passed 4-0. There were no other motions for Chairman. A motion was made by Committee Member Miranda Zienowicz and seconded by Committee Member David Suiter that Adam Eliason be appointed as the Central City PAC Vice Chairman/Secretary. The motion passed 4-0. There were no other motions for Vice Chairman/Secretary. o o o 5. I DISCUSSION OFTHE DRAFT AMENDED AND RESTATED CENTRAL CITY NORTH REDEVELOPMENT PLAN AND DRAFT ENVIRONMENTAL IMPACT REPORT (EIR). PAC members and Agency Staff discussed the need for the amended and restated amendment. Since 1973, when the plan for Central City North Redevelopment Project Area was adopted, several changes in the California Redevelopment Law made it necessary to go beyond just reinstating eminent domain authority in the project area.'The draft amended and restated plan would eliminate the need for the Agency to amend the original plan piece meal over time. This document will now be up to date will current law requirements. Committee Member Suiter commented that in reading the draft amended and restated plan that there were no specifics concerning what would be developed within the project area. Mike Trout, Project Manager explained that the redevelopment plan was a broad stroke document that outlined the type of development within the project area. Committee Member Suiter discussed that there was no park in the area for families to use. He stated that he was going to draft a letter for a park in the Central City North Redevelopment Project Area for discussion at the next PAC meeting. Committee Member Eliason stated that he would contact the school district concerning using the new Jones Elementary School once it is opened. 6. REPORT ON REDEVELOPMENT PROJECTS Mike rrout, Project Manager stated that there was nothing new to report in regards to new development within the project area since the last PAC meeting. 7. ADJOURNMENT A motion was made by Committee Member Miranda Zienowicz and seconded by Committee Member Bryan Claborn that the meeting be adjourned to Wednesday, June 2, 2004 at 6:30 p.m. in the Board Room of the Economic Development Agency, 201 North \ "En Street, Suite 301, San Bernardino. The motion passed 4-0. The meeting was adjourned at approximately 7:29 p.m. By: //V'--- ice Chairman/Secretary o o o ." MINUTES CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA COMMITTEE (PAC) CITY OF SAN BERNARDINO REGULAR MEETING April 20, 2004 1. CALL TO ORDER Mike Trout, Project Manager, at 6:52pm, called the regular meeting to order for the Central City North Redevelopment Project Area Committee (PAC) Tuesday, April 20, 2004 in the Board Room at the Economic Development Agency, 201 North "E" Street, Suite 301, San Bernardino, CA. Those members ofthe PAC present are as follows: Adam Eliason, David Suiter, and Miranda Zienowicz. Also present: Mike Trout, Economic Development Agency. Members of the public: none 2. PUBLIC COMMENTS None 3. TAKE ACTION ON NEW PAC MEMBERSHIP APPLICATIONS Mike Trout presented to the members of the PAC two (2) PAC membership applications received since the election. These applications were for Bryan Claborn and Brent Claborn. Both applications were for the same existing community organization (Downtown Apostolic Church). It was discussed that only one individual can represent an existing community organization. Committee members discussed the possibility that one could be the principal representative and the other the alternate. Only one of them could participate on the committee at one time. However, the other could attend as a member of the public to take part in discussion of items but had no voting rights. After discussion among the committee members, a motion was made by Committee Member Adam Eliason and seconded by Committee Member David Suiter that Bryan Claborn be added to the PAC as the principal representative and Brent Claborn be the alternate representative for the Downtown Apostolic Church. The motion passed 3-0. 4. ELECTION OF PAC OFFICERS A motion was made by Committee Member Adam Eliason and seconded by Committee Member Miranda Zienowicz that this item be continued to the next regular Central City North PAC mceting, May 12,2004 at 6:30pm. The motion passed 3-0. o o o s. CONSIDERATION AND APPROVAL OF THE CENTRAL CITY NORTH PROJECT AREA COMMITTEE MINTUES MOTION: That the minutes of the Central City North Redevelopment Project Area Committee Meeting of March 11,2004 reviewed as submitted in Typewritten form and approved. That the minutes of the Central City North Redevelopment Project Area Committee Meeting of April 13, 2004 reviewed as submitted in Typewritten form and approved. A motion was made by Committee Member Adam Eliason and Seconded by Committee Member Miranda Zienowicz that the minutes for the March 11,2004 and April 13, 2004 Central City North PAC meeting be approved. The motion passed 3-0. 6. DISCUSSION ON FUTURE PAC MEETINGS After a discussion among the committee members and EDA staff, a motion was made by Committee Member David Suiter and seconded by Committee Member Adam Eliason that staring in June 2004 that the regular Central City North PAC meetings be held on the 1st Wednesday of every month, at 6:30pm in the Board Room of the Economic Development Agency, 201 North "E" Street, Suite 301, San Bernardino. The motion passed 3 -0. 7. DISCUSSION OF THE DRAFT AMENDED AND RESTATED CENTRAL CITY NORTH REDEVELOPMENT PLAN AND DRAFT ENVIRONMENTAL IMPACT REPORT Mike Trout, EDA Project Manager, passed out to the committee members a copy of the draft amended and restated Central City North Redevelopment Plan amendment and the draft Environmental Impact Report (EIR). There was a brief discussion concerning the amendment and EIR. Committee members asked that the EIR consultant be available at the next meeting to go over the draft document with them. 8. ADJOURNMENT A motion was made by Committee Member Adam Eliason and seconded by Committee Member David Suiter that the meeting be adjourned to Wednesday, May 12,2004 at 6:30 p.m. in the Board Room of the Economic Development Agency, 201 North "E" Street, Suite 301, San Bernardino. The motion passed 3-0. The meeting was adjourned at approximately 7:45 p.m. Vice Chairman/Secre o o o MINUTES CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA COMMITTEE (PAC) CITY OF SAN BERNARDINO Regular PAC Meeting April 13, 2004 1. CALL TO ORDER Mike Trout called the meeting to order at 7:20 p.m., Tuesday, April 13,2004 in the Board Room at the Economic Development Agency, 201 North "E" Street, Suite 301, San Bernardino, CA. Due to the fact that there was not a quorum of PAC members present, no PAC business was conducted. The next meeting will take place on Tuesday, April 20, 2004 at 6:30 p.m. in the EDA Board Room. PAC Members present: David Suiter, Miranda Zienowicz Also present: Mike Trout, Economic Development Agency Members of the public: None 2. PUBLIC COMMENTS 3. ELECTION OF PAC OFFICERS 4. CONSIDERATION AND APPROVAL OF THE CENTRAL CITY NORTH PROJECT AREA COMMITTEE MINUTES S. DISCUSSION OF FUTURE PAC MEETINGS a. Place b. Date c. Time 6. TAKE ACTION ON NEW PAC MEMBERSHIP APPLICATIONS 7. ADJOURNMENT The meeting was adjourned at approximately 7:30 p.m. c~~ Vice Chairman/::>ecrclary o o o MINUTES CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA COMMITTEE (PAC) CITY OF SAN BERNARDINO PAC ELECTION MEETING March 11, 2004 1. CALL TO ORDER Mike Trout called the PAC election meeting of the Project Area Committee (PAC) for the Central City North Redevelopment Project Area to order at 6:15p.m., Thursday, March 11,2004 in the Board Room at the Economic Development Agency, 201 North "E" Street, Suite 301, San Bernardino, CA. Those present that were certified as resident-owners/business owners including (property owners)/resident-tenants/existing community organization within the project area are as follows: Augustus D. Suiter, Miranda L. Zienowicz, Creative Housing Solutions (Adam Eliason). Also present: Mike Trout, Economic Development Agency, Rachel Clark, City Clerk for the City of San Bernardino. Members of the public: Barbara Sharp, Bryan Claborn and Brent Claborn. 2. PUBLIC COMMENTS There were not public comments 3. REVIEW OF PAC ELECTION PROCEDURES Mike Trout reviewed the adopted PAC procedures with those present. He explained that any qualified voter in the Central City North Redevelopment Project Area could only vote within their category, i.e., resident-owner for resident-owner, resident-tenant for resident-tenant, etc. The exception was that all qualified voters could vote for an existing community organization. Also, the candidates were informed that they could make a speech prior to the voting. There were no candidates that wished to make a speech prior to the voting. It was announced that there were no candidates for either the category of resident-tenant or existing community organization. The candidates for the category of resident-owner were Miranda L. Zienowicz and Augustus D. Suiter. The candidate for the category business owner (including property owner) was Creative Housing Solutions (Adam Eliason). 1 o o o ~ 4. ELECTION OF PAC MEMBERS Rachel Clark provided ballets to those that qualified to vote in the election according to the appropriate voting category. The votes were tallied and the results of the election were announced. For the category of resident-owner the following were elected to the PAC: Miranda L. Zienowicz Augustus D. Suiter For the category of business owner (including property owner) the following were elected to the PAC: Creative Housing Solutions (Adam Eliason) 5. CITY COUNCIL TO AFFIRM ELECTION RERSULTS Those that were elected were informed that on Monday, April 5, 2004, the results of the election would be presented to the Mayor and Common Council acknowledging the results of the election of PAC members and finding that all applicable procedures were followed in the election. Following the City Council meeting the members of the PAC would receive a letter stating that the next meeting for the PAC would be Tuesday, April 13, 2004, at 7:00 p.m. in the Board Room of the Economic Development Agency, 201 North "E" Street, Suite 301, San Bernardino, CA. 6. INITIAL STUDY FOR CCN REDEVELOPMENT PROJECT AREA PLAN There was no discussion concerning the Initial Study. 7. ADJOURNMENT The meeting was adjourned at approximately 6:45 p.m. Vice Chairman/Secre ar 2 0 2 3 4 5 6 7 8 9 10 11 12 13 0 14 15 16 17 18 o RESOLUTION NO. . RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION I OF THE CITY OF SAN BERNARDINO AS A RESPONSIBLE AGENCY . UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT . ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS, . AND MAKING FINDINGS THAT A FINAL PROGRAM ENVIRONMENTAL IMPACT REPORT, AND THE MITIGATION MONITORING PLAN FOR THE REINSTATEMENT OF EMINENT DOMAIN POWERS IN THE REDEVELOPMENT PROJECT AREAS OF I THE UPTOWN REDEVELOPMENT PROJECT AND THE CENTRAL CITY NORTH REDEVELOPMENT PROJECT FULLY AND . ADEQUATELY ADDRESS THE POTENTIAL ENVIRONMENTAL EFFECTS OF THE APPROVAL BY THE COMMISSION OF SUCH REDEVELOPMENT PLAN AMENDMENTS WHEREAS, the Mayor and Common Council of the City of San Bernardino (the "Common Council") has previously taken certain actions in coordination with the Community Development Commission of the City of San Bernardino (the "Commission") as relates to a proposed reinstatement of the eminent domain powers of the Redevelopment Agency of the City of San Bernardino (the "Agency") within two (2) separate redevelopment project areas of the AgenJy known as: (i) the Uptown Redevelopment Project and (ii) the Central City North Redevelopmenl Project, in order that the Agency may undertake programs to eliminate and prevent the spread of blight in each of these redevelopment project areas; and 19 WHEREAS, the Redevelopment Plan for the Central City North Redevelopment Project (the "Central City North Redevelopment Plan") was approved by the Common Council Ordinance No. 3366 in 1973, and the Redevelopment Plan for the Uptown Redevelopment Project (the "Uptown Redevelopment Plan") was approved by Common Council Ordinance No. MC-527 in 1986, and the condemnation powers of the Agency under the Central City North Redevelopment Plan expired in 1998 and the condemnation powers of the Agency under the Uptown Redevelopment Plan also expired in 1998; and 20 21 22 23 24 25 -1- P:\Aceada,\RewluIIQQs\ResolutioRIU004\04-(J7-1' Uplowa CCN En" CDC Reso.doc 0 2 3 4 5 6 7 8 9 10 11 12 0 13 14 15 16 17 18 19 20 21 22 23 24 0 25 - WHEREAS, the City of San Bernardino (the "City") in consultation with the Agency, has also taken action to consider certain changes in the land use element of the City General Plan, as adopted by Common Council Resolution No. 89-15, in order to compliment the potential redevelopment and use of certain lands in a portion of the redevelopment project area of the Uptown Redevelopment Project (the "Uptown Project Area") referred to as "Uptown Subarea B", and specifically within Uptown Subarea B the lands which are also affected by the proposed changes in the land use element of the City General Plan are described as a two block area bounded by 1-2 I 5 on the east, "K" Street on the west, 3rd Street on the north, and 2nd Street on the south, and the potential vacation of "I" Street and Kendall Avenue within this two block area which such General Plan amendment also contemplates; and WHEREAS, the Common Council and the Commission have previously called upon the residents, property owners, businesses and community organizations within the Uptown Project Area and the redevelopment project area of the Central City North Redevelopment Project (the I "CCN Project Area") to form project area committees for each such redevelopment project area, in order flr interested residents, business owners and property owners to consider the potent;al I effect of the reinstatement of the Agency's power to acqUire land within each such redevelopment project area and to submit a report and recommendation to the Common Council and the Commission relating to reinstatement of the eminent domain powers of the Agency in each such redevelopment project area and the implementation by the Agency of program to eliminate blight in each such redevelopment project area which programs may include the acquisition of property by the Agency using the power of eminent domain; and WHEREAS, during calendar year 2003, an Initial Study was prepared under the provisions of the California Environmental Quality Act ("CEQA") which evaluated the potential effect on the environment of the reinstatement of the eminent domain powers of the Agency in the CCN Project Area and the Uptown Project Area and the potential effect on the environment of an amendment to the land use element of the City General Plan relating to a -2- P:\ACrftdas\Resolufloas\Rnoludont\2004\04-47-19 Uptown CCN Env CDC Rno.doc o 4 5 6 7 8 9 10 11 12 0 13 14 15 16 17 18 19 20 025 portion of Uptown Subarea B and the potential development of an Agency-sponsored 2 redevelopment program to remedy certain conditions of blight in Uptown Subarea B referred to 3 as the "Mercado Santa Fe Project"; and WHEREAS, a notice of intent to prepare an environmental impact report was issued in March 2003 relating to the proposed amendment of the Uptown Redevelopment Plan and the , I Central City North Redevelopment Plan, the Mercado Santa Fe Project and an amendment to . the land use element of the General Plan; and I WHEREAS, in the months following March 2003, the completion of the preparation of a draft Of! an environmental impact report document for the reinstatement of the powers of eminent domain in each of the redevelopment project areas was deferred as certain refinements of the Mercado Santa Fe Project were considered, and subsequently, on February 5, 2004, the Environmental Review Committee of the City determined that the environmental study of the . reinstatem~nt of the power of eminent domain in the two (2) redevelopment project areas and the associated redevelopment activities relating to such reinstatement of the power of eminent domain in each such redevelopment project areas as described below as the "Project" for I purposes of compliance with CEQA, warranted the preparation of a Program Environmental Impact Report (a "Draft ErR") where the elements of the Project include the following: . reinstatement of the Agency's power of eminent domain to acquire land in the Uptown Project Area and the CCN Project Area (this reinstated power of eminent domain to be accomplished by written amendment to the text of each redevelopment plan); 21 . rescission of special and development regulations contained in the Central City North Redevelopment Plan and the amendment of this redevelopment plan to conform to current Community Redevelopment Law relating to relocation of displaced persons and businesses and affordable housing and to require that all new development in the CCN Project Area conform with the City's General Plan, zoning and development regulations as currently in 22 23 24 effect or hereafter modified or amended (the rescission of such special development regulations to be accomplished by a restatement of certain provisions of the Central City North -3- P:\Ag~ndu\R_lullonl\Rnolullont\2004\04-01.19 Vplowa CCN Eav CDC Reso.doc o o o 25 Redevelopment Plan to conform with the City's General Plan, zomng and development 2 regulations currently in effect or hereafter modified or amended); 3 a General Plan Amendment affecting approximately 19.02 acres within a portion of Uptown Subarea B bounded by 3rd and 2nd Streets and between "K" Street and 1-215 from . 4 5 "IL" (Light Industrial) to "CG-I" (General Commercial), and such General Plan Amendment is identified as General Plan Amendment No. 04-02; 6 7 analysis of a future retail development project within Uptown Subarea B. This development is proposed for approximately 9.2 acres of land generally situated to the south of . 8 9 3rd Street and is referred to by the City and the Agency as the Mercado Santa Fe Project. For 10 the purpose of CEQA analysis, the proposed retail development concept assumes approximately 96,241 square feet of retail use and is based on the on-site vehicle parking standard of 4 spaces per 1,000 Isquare feet of retail use, the proposed use requires a minimum of 385 on-site vehicle II 12 parking spaces. The Mercado Santa Fe Project as proposed provides approximately 440 parking 13 spaces. 14 15 Collectively, the potential environmental effects of the elements of the Project (the proposed redevelopment and related activities generally described in the four (4) subparagraphs preceding this sentence) is, for the purposes of the indicated analysis under CEQA, described in 16 17 this Resolution as the "Project"; and 18 WHEREAS, the City conducted a public scoping meeting to solicit public comments on 19 the preparation of the Draft Program Environmental Impact Report (the "Draft EIR") for the 20 Project; and 21 WHEREAS, the 2003 Initial Study was updated and the March 2003 notice of 22 preparation was updated and revised as the Notice of Preparation of the City to prepare a Draft EIR for the Project, and was published and circulated to the public, responsible agencies and 23 24 other interested persons from February 17, 2004 through March 17, 2004, as required by CEQA; and -4- F:\ACtDdu\ResoluUODs\Resolullonl\1004\04.07-19 UpIO.... CCN [Ill' CDC Reso.doc 0 2 3 4 5 6 7 8 9 10 II 12 0 13 14 15 16 17 18 19 o 25 WHEREAS, the text of the Draft EIR (including all appendices) was made available to the public, responsible agencies and other interested persons for their review and comment between April 8, 2004 through May 29, 2004 as required by CEQA; and WHEREAS, verbal and written comments were received on the Draft EIR; and WHEREAS, these comments were responded to both orally and in writing as required by CEQA and the Final Environmental Impact Report document (State Clearinghouse No. 2003031072), dated June 15,2004 (the "Final EIR") has been prepared and transmitted to each responsible agency which submitted comments to the Draft EIR; and WHEREAS, the Commission conducted two (2) noticed joint public hearings on July 19,2004, with the Common Council as relate to the Project and the Final EIR with the first such joint public hearing held in connection with the amendment of the Uptown Redevelopment Plan and the certification of the Final EIR and second joint public hearing held in connection with the amendment of the Central City North Redevelopment Plan and the certification of the Final EIR, and during the course of each such joint public hearing conducted on July 19,2004, the Commission fully reviewed and considered the Final EIR, the Mitigation Monitoring Plan, the Planning Division staff reports and the recommendations of the Planning Commission as relate to the Project and the Final EIR and drafted its own Facts and Findings and Statement of Overriding Considerations base upon its review such documents. 20 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS FOLLOWS: 21 Section I. In connection with the consideration by the Commission of the 22 amendment of the Uptown Redevelopment Plan to reinstate the Agency's power of eminent 23 domain in the Uptown Project Area and the amendment and reinstatement of the Central City 24 North Redevelopment Plan to reinstate the Agency's power of eminent domain in the CCN Project Area, the Commission conducted the following public hearings on July 19, 2004: -5- P:\Ageodu\Rfsolullonl\RnolutIOlul.2004\04-07-19 Vplo"n CCN Eav CDC Retlo.due o 8 9 10 11 12 13 0 14 15 16 17 18 19 20 21 22 23 24 25 0 (i) a joint public hearing with the Common Council to consider an amendment of the Upto\\n Redevelopment Plan to reinstate the eminent domain power of the Agency in the 3 Uptown Project Area and the potential implementation with the assistance of the Agency of the 2 4 Mercado Santa Fe Project in Upto\\n Subarea B and the potential environmental effects of these 5 actions as set forth in the Final ErR; and 6 (ii) a joint public hearing with the Common Council to consider an amendment of 7 the Central City North Redevelopment Plan to reinstate the eminent domain power of the Agency in the CCN Project Area and the restatement and amendment of the Central City North Redevelopment Plan to rescind the special development regulations contained in such 1973 redevelopment plan and to conform the provisions of such 1973 redevelopment plan to the current-day Community Redevelopment Law relating to relocation of displaced persons and businesses and affordable housing and to require that all new development in the CCN Project Area conform with the City's General Plan, zoning and development regulations currently in effect and the potential environmental effects of these actions as set forth in the Final EIR. During the course of the joint public hearings identified above, the Commission received and considered all written comments previously received and all oral comments submitted by interested persons relating to the Project and the Final EIR. The Commission hereby finds that the conduct of these public hearings was full and fair and that the Commission has fully considered the potential effect on the environment of the Project. The Final ErR in the form as submitted to the Commission upon the conclusion of these joint public hearings is hereby acknowledged and declared to be the Final EIR for the Project. Section 2. The Final EIR (State Clearinghouse No. 2003031072) is a "program environmental impact report" as this term is defined under CEQA Guidelines Section 15168, for the Project. The Final EIR for the Project, includes consideration of the potential environmental effects of the development of the Mercado Santa Fe Project and General Plan Amendment No. 04-02, and the Final EIR has been prepared and considered in compliance with CEQA. The -6- P:\Ac~ndu\Rewlutlonl\Resolulkllu\2004\04-(11.1' Uplo..... CCN Eav CDC Keso.doc 0 2 3 4 5 6 7 8 9 10 II 12 0 13 14 15 16 17 18 19 20 21 22 23 24 0 25 Final EIR (including the text of the Draft EIR, all technical appendices, the Mitigation Monitoring Plan, the Facts and Findings and Statement of Overriding Consideration) and all the notices, with comments and staff reports related thereto are on file with the City Clerk's Office. Section 3. The purpose of this Resolution is to evidence the actions of the Commission as a "responsible agency" under CEQA in approving the amendments to the Central City North Project Plan and the Uptown Project Plan. Pursuant to CEQA Guidelines Sections 15050 and 15096 the Commission as a "responsible agency" shall consider and certify the lead agency's EIR prior to approving a project, including providing findings supported by substantial evidence in the record related to substantial environmental effects the project will have on the environment and a statement of overriding considerations addressing the environmental impacts which are not avoidable and cannot be substantially lessened as a result of the project. The Final EIR was presented to the Common Council as the "lead agency" and the Commission as the "responsible agency" for the Project under CEQA, and the Commission has reviewed and considered the information in the Final EIR prior to the adoption by the Commission of an amendment to the Uptown Project Plan reinstating the Agency's eminent domain power in the Uptown Project Area, and prior to the adoption by the Commission of an amendment to the Central City North Project Plan reinstating the Agency's eminent domain power in the CCN Project Area as well as the related rescission of the special land development regulations and the reinstatement of the Central City North Redevelopment Plan to conform to current City General Plan, zoning and development regulations and current day provisions of Community Redevelopment Law relocation and affordable housing standards. The Commission has adopted Facts and Findings and a Statement of Overriding Considerations as part of its certification of the Final EIR and approval and adoption of the Mitigation Monitoring Plan for the Project. Section 4. The Commission hereby finds that: (1) the Final EIR has identified all significant environmental effects of the Project, including the potential development of the Mercado Santa Fe Project. -7- P:\AgeDdu\Rnolutlon.\Resolutlons\200.4104-07-1' Uptow.. CCN En" CDC Rno.doc 0 2 3 4 5 6 7 8 9 10 11 12 014 o (2) the Final EIR identifies certain significant environmental effects that would result but which significant effects can be mitigated to a level of less than significant provided that the applicants and owners of land who may undertake the development of the Mercado Santa Fe Project (if it occurs), and other future development within the portion of Uptown Subarea B affected by General Plan Amendment No. 02-04 (if such development occurs) undertake feasible environmental impact mitigation measures as set forth in the Mitigation Monitoring Plan for the Final EIR to reduce or eliminate such potential impacts to a level which is less than significant. The Mitigation Monitoring Plan and all information contained therein is included in the Final EIR and incorporated herein by reference. The basis on which the Commission finds that such potentially significant environmental effects of the Project have been or shall be mitigated to a level which is less than significant is set forth in the Facts and Findings and Statement of Overriding Considerations of the Project. The Facts and Findings and Statement of Overriding Considerations for the Project is attached as Attachment "A" and 13 incorporated in this Resolution by this reference. (3) the Final EIR concludes that despite the implementation of feasible mitigation 15 measures to lessen the potential impact of certain effects of the Project on the environment, that 16 in three (3) areas of environmental concern under CEQA, the potential effects on the 17 environment of the Project cannot be fully mitigated or reduced to a level which is less than significant. These areas are identified as follows: 18 19 (i) temporary construction activities of the Mercado Santa Fe Project (dust and 20 construction vehicle exhaust) - although the Final EIR sets forth mitigation measures which are estimated to reduce the potential impacts by 50% the remaining effect, even after the implementation of the feasible mitigation measures identified in the Final EIR is still significant in the case of temporary construction activity impacts of the Mercado Santa Fe Project in 21 22 23 24 Uptown Subarea B; 25 /II -8- P:\Acradu\RtwluUons\Rnolullonl\1004\04-01.19 UpIOW1l CCN Env CDC Rno.doc o 7 8 9 10 11 12 0 13 14 15 16 17 18 19 20 21 22 23 24 025 (ii) the Long-Term Regional Air Quality Impacts or the air emissions (stationary source plus mobile/traffic source) of the Mercado Santa Fe Project and General Plan 3 Amendment No. 04-02 are forecast in the Final EIR exceed the thresholds for significant effect 2 4 established by the SCAQMD. However, there are no mitigation measures currently available to 5 reduce emissions from mobile sources, and as a consequence, the long-term air quality impacts 6 of the Project remain significant and unavoidable; (iii) Year 2008 Freeway Segment Conditions and Year 2025 Freeway Segment Conditions are both indicated in the Final EIR to be operating at unsatisfactory conditions, and the Project will contribute to such adverse conditions in the year 2008 and in the Year 2025 under the traffic impact generation models considered in the Final EIR. Although certain mitigation measures could be implemented in the case of the freeway segment conditions to improve the operation of the freeway segments to an acceptable level of serve (or a non- significant impact on the environment for both 2008 and 2025), the mitigation measures identified in the Final EIR are not within the jurisdiction of the Commission to implement. , Caltrans has jurisdiction for providing for capital improvements to the indicated freeway segments, and at the present time Caltrans has not formulated any mechanism for proponents of the Project (in particular the Mercado Santa Fe Project and the owners of land benefited by General Plan Amendment No. 04-02) to pay fees or make other fair share contributions to improve mainline freeway segments to so eliminate the adverse impact of the development of such land on the operation of the freeway segments. Potential mitigation measures or other project alternatives relating to the three (3) unavoidable significant impacts of the Project as generally identified in this Section IV.E., were not incorporated into or adopted as part of the Project, as the mitigation of these impacts is regarded as infeasible and not economically or socially viable based on specific economic, social, or other considerations as set forth in the Facts and Findings and Statement of Overriding Considerations. -9- P:\Agtndal\Resolutloll.l\RewhoUODf\2004\04-07-l9 Uplo..n CCN Env cue Re.o.doc o 013 14 025 2 (4) the Commission has given great weight to the significant unavoidable adverse environmental impacts of the Project. Nevertheless, for the reasons set forth in the Facts and Findings and Statement of Overriding Considerations the Commission hereby finds and determines that the significant unavoidable adverse impacts of the Project are clearly outweighed by the elimination of blight which affects each of the redevelopment project areas and the economic, social, cultural and other benefits to the community which shall be realized 3 4 5 6 7 by the Project, including the potential development of the Mercado Santa Fe Project, the redevelopment of the lands affected by General Plan Amendment No. 04-02, as set forth in the 8 9 Facts and Findings and Statement of Overriding Considerations, which is hereby adopted and approved by the Commission as the responsible agency under CEQA for implementing certain aspects of the Project. 10 11 12 (5) the findings contained in the Facts and Findings and Statement of Overriding Considerations with respect to the significant environmental impacts of the Project identified in . the Final EIR are true and correct, and are based upon substantial evidence in the record, I including documents comprising the Final EIR. 15 (6) the Final EIR, Mitigation Monitoring Plan, and the Facts and Findings and 16 Statement of Overriding Considerations reflect the independent review, analysis and judgment 17 of the Agency and the Commission. 18 Section 5. The Facts and Findings and Statement of Overriding Considerations are t9 approved and adopted; the Final Program Environmental Impact Report is certified; and the 20 Mitigation Monitoring Plan is approved and adopted. Furthermore, pursuant to CEQA 21 Guidelines Section 15097 the Commission ensures that the Agency shall comply with the 22 requirements of the Mitigation and Monitoring Program, including the submission of any 23 necessary reports during (i) all condemnation proceedings initiated by the Agency on land lying within the CCN Project Area or the Uptown Project Area; (ii) the construction of the Mercado Santa Fe Project if assistance is granted by the Agency; and, (iii) any redevelopment 24 -10- P:\AcrndalIResolutlonslRt$Olutlon!UOO4\04-&7.11l Uptown CCN En1' CDC Rew.doc 'I o project lying within the land affected by General Plan Amendment No. 04-02 to which the 2 Agency grants assistance. 3 Section 6. The Executive Director of the Agency is hereby directed, in cooperation 4 with the City Planning Division, to file a Notice of Determination with the County of San 5 Bernardino Clerk of the Board of Supervisors certifying the Commission's compliance, as a responsible agency under CEQA in reviewing and approving the Final Program Environmental Impact Report for the Project, including the adoption of the Facts and Findings and Statement of 6 7 8 Overriding Considerations and the approval of the Mitigation Monitoring Plan. A copy of such Notice of Determination shall be forwarded to the State Clearinghouse. 9 Section 7. 10 1// II 1// 12 1// 13 0 1// 14 1// 15 1// 16 1// 17 /1/ 18 1// 19 1// 20 1// 21 1// 22 1// 23 1// 24 1// 25 1// 0 The Resolution shall become effective immediately upon its adoption. -11- F:\Acendal\Resolutlona\ReaollltloaaUOO4\04-&7-19 Uptown CCN Env CDC Reso.doc o 2 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AS A RESPONSIBLE AGENCY UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AIlOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS, AND MAKING FINDINGS THAT A FINAL PROGRAM ENVIRONMENTAL IMPACT REPORT, AND THE MITIGATION MONITORING PLAN FOR THE REINSTATEMENT OF EMINENT DOMAIN POWERS IN THE REDEVELOPMENT PROJECT AREAS OF THE UPTOWN REDEVELOPMENT PROJECT AND THE CENTRAL CITY NORTH REDEVELOPMENT PROJECT FULLY AND AI)EQUATELY ADDRESS THE POTENTIAL ENVIRONMENTAL EFFECTS OF THE APPROVAL BY THE COMMISSION OF SUCH RImEVELOPMENT PLAN AMENDMENTS 3 4 5 6 7 8 9 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the 10 Community Development Commission of the City of San Bernardino at a meeting II thereof, held on the day of , 2004, by the following vote to wit: Commission Members: Aves Abstain Absent 12 Navs ESTRADA 013 LONGVILLE 14 o 25 15 MCGINNIS DERRY KELLEY JOHNSON MC CAMMACK 16 17 18 19 Secretary 20 The foregoing resolution is hereby approved this day of ,2004. 21 22 Judith Valles, Chairperson Community Development Commission of the City of San Bernardino 23 Approved as to form and Legal Content: 24 By: Agency Counsel -12- P:\Acenda.\Rnol'lIloal\ResolllliooIUOO4\lU-01-I' VpIO'''' CCN En" COC Rno.doc o o o - ATTACHMENT "A" Community Development Commission of the City of San Bernardino as a Responsible Agency under the California Environmental Quality Act Facts and Findings and Statement of Overriding Considerations for the Final Environmental Impact Report for the Uptown/Central City North Redevelopment Project Area 2004 Eminent Domain Amendments (State Clearinghouse #2003031072) I. INTRODUCTION The Community Development Commission of the City of San Bernardino (the "Commission") as a responsible agency under the California Environmental Quality Act in approving and certifying !he Final Program Environmental Impact Report adopted by the Mayor and Common Council of the City of San Bernardino (the "Common Council") (the "Final EIR") for the Uptown/Central City North Redevelopment Project Area 2004 Eminent Domain Amendments presents the facts and makes the findings described below and adopts the Statement of Overriding Considerations presented at the end of these Facts and Findings. The "Project" under consideration for purposes of the Commission's discretionary action is: The reinstatement of the powers of eminent domain in the two (2) red,evelopment project areas and the associated redevelopment activities described below for purposes of compliance with CEQA, where the elements ofthe Project included the following: . reinstatement of the Redevelopment Agency of the City of San Bernardino's (the "Agency") power of eminent domain to acquire land in the Uptown Project Area and the Central City North ("CCN") Project Area (this reinstated power of eminent domain to be accomplished by written amendment to the text of each redevelopment plan); . rescission of special and development regulations contained in the Redevelopment Plan for the CCN Redevelopment Project and the amendment of this redevelopment plan to conform to current Community Redevelopment Law relating to relocation and affordable housing and to require that all new development in the CCN Project Area conform with the City's General Plan, zoning and development regulations currently in effect (the rescission of such special development regulations to be accomplished by a restatement of certain provisions of the Redevelopment Plan for the CCN Redevelopment Project to conform with the City's General Plan, zoning and development regulations currently in effect); and . a General Plan Amendment affecting approximately 19.02 acres within a portion of Subarea B of CCN Uptown Project Area (hounded by 3'd and 2nd Streets and between "K" Street and 1-215) from "IL" (Light Industrial) to "CG-I" (General Commercial) and the General Plan Amendment is identified as General Plan Amendment No. 04-02; . analysis of the Mercado Santa Fe Project within Subarea B of the Uptown Project Area, proposed for 9.2 acres south of 3rd Street. For the purpose of CEQA analysis, the proposed retail development concept assumes approximately 96,241 square feet of retail P:\Agcndas\Convn Dtv Commission\COC 2004\04.07-19 Uptown CCN Statem:n! ofOvcrriding Considcn.lioll'l.OOc o o o use and is based on on-site vehicle parking standard of 4 spaces for 1,000 square feet of retail use, the proposed use requires a minimum of 385 on-site vehicle parking spaces. The Mercado Santa Fe Project as proposed provides approximately 440 parking spaces. Collectively, the potential environmental effects of the elements of the proposed redevelopment and related activities for the purposes of the indicated analysis under the California Environmental Quality Act ("CEQA"), is described in this Resolution as the "Project". II. PROJECT SUMMARY A. PROJECT DESCRIPTION The Project includes the following elements: . reinstatement of the Agency's power of eminent domain to acquire land in the Uptown Project Area and the CCN Project Area (this reinstated power of eminent domain to be accomplished by written amendment to the text of each redevelopment plan); . rescission of special and development regulations contained in the Redevelopment Plan for the CCN Redevelopment Project and the amendment of this redevelopment plan to conform to current Community Redevelopment Law relating to relocation and affordable housing and to require that all new development in the CCN Project Area conform with the City's General Plan, zoning and development regulations currently in effect (the rescission of such special development regulations to be accomplished by a restatement of certain provisions of the Redevelopment Plan for the CCN Redevelopment Project to conform with the City's General Plan, zoning and development regulations currently in effect); . General Plan Amendment No. 04-02 affecting approximately 19.02 acres within a portion of Subarea B of Uptown Project Area (bounded by 3'd and 2nd Streets and between "K" Street and 1-215) from "IL" (Light Industrial) to "CG-I" (General Commercial; and . analysis of the Mercado Santa Fe Project within Subarea B of the Uptown Project Area. This development is proposed for 9.2 acres south of 3rd Street and is commonly referred to as the Mercado Santa Fe. The Project affects three (3) areas located in the central portion of the City. The Uptown Project Area includes two (2) of these areas which are referred to as Uptown Subarea A and Uptown Subarea B. Uptown Subarea A is located along Highland Avenue and Baseline Street from Interstate 215 (1-215) on the west to Waterman Avenue on the east and along "E" Street from Highland Avenue on the north to Eighth Street on the south. Uptown Subarea A includes approximately 348 acres of land. Uptown Subarea B is bounded by the Santa Fe Railroad yard to the north, Rialto Avenue and King Street on the south, 1-215 on the east, and Mount Vernon on the west. Uptown Subarea B includes approximately 84 acres of land. The CCN Project Area is bounded by Eighth Street on the north, Fourth and Court Streets on the south, Arrowhead 2 P;\Agendas\Comrn Dn Commission\COC 2004\04-07-19 Uptown CCN SWemenl of Overriding Considcr.ttionuloe o o o Avenue on the east, and 1-215 on the west. The CCN Project Area includes approximately 278 acres ofIand. B. PROJECT OBJECTIVES The objective of the Project is to sustain the redevelopment programs and goals of two (2) established redevelopment plans of the Agency: (i) the Redevelopment Plan for the CCN Redevelopment Project; and (ii) the Redevelopment Plan for the Uptown Redevelopment Project. The goals of these two (2) redevelopment plans are summarized at Fimil EIR (D) 3-6 through 3-7. The reinstatement of the power of eminent domain will promote the efforts of the Agency to eliminate and prevent the spread of blight by further enhancing the Agency's ability to promote redevelopment in both Project Areas by attracting public and private development. Further, the reinstatement of the power of eminent domain in the case of the Uptown Redevelopment Project may result in a specific redevelopment implementation activity being able to move forward in Uptown Subarea B, (i.e., the Mercado Santa Fe Project). In addition, the City is also proposing an amendment to the land use element of the General Plan, affecting an approximately 19 acre portion of Uptown Subarea B in order to encourage and foster economic reuse and redevelopment of this area in light of current conditions, and the proposed freeway improvement of nearby segments ofI-2l5. Apart from the potential redevelopment of the Mercado Santa Fe Project, currently no other redevelopment implementation activities are planned at the time of certification of the Final EIR in either the Uptown Project Area or in the CCN Project Area which may require the use by the Agency of the power of eminent domain as part of the land assembly program to assist either an owner participant or a third party developer to redevelop blighted areas within either Project Area. However, the reinstatement of the power of eminent domain will enable the Agency, to promote further redevelopment by. giving the Agency (and ultimately a third party developer/owner participant) a greater ability to acquire property for the effective redevelopment and elimination of blight within these two Project Areas. III. ENVIRONMENTAL REVIEW AND PUBLIC PARTICIPATION The City conducted the environmental review of the Project as follows: . an initial study was prepared for the proposed project in March 2003 and based upon this March 2003 initial study it was determined that preparation of an environmental impact report for the proposed Project was indicated; . a notice of preparation for an environmental impact report for the proposed Project was prepared and circulated to the State Clearinghouse, responsible agencies and other interested persons on March 14,2003; . subsequent to the close of the comment period on April 14, 2003, for the March 14,2003 notice of preparation, the City refined the original initial study for the proposed Project 3 P:\Agcndas\Comrn Oev Commission\COC 2004\04-07-19 U~wn a:N Statement ofQverriding Considerations,doc o o o - and the City redistributed an updated and revised Initial Study and Notice of Preparation to the State Clearinghouse, responsible agencies and interested persons for a second 30- day comment period for the environmental impact report from February 18, 2004 to March 18,2004. . a public scoping meeting was held on March 26, 2004, to give the public the opportunity to provide comments as related to the proposed Project and the issues the public would like addressed in the Draft EIR. . a Draft EIR was distributed for public review on April 8, 2004, for the 45-day review period with the review period ending on May 24, 2004. Four comment letters were received before the close of the public review period. The specific responses to the written comments are in the Final ErR: 3-1 through 3-14. . the Final EIR was distributed for a lO-day notification period beginning on June 15, 2004. . on June 22, 2004, the City Planning Commission held a noticed public hearing on the Project. . on July 19, 2004, the Common Council conducted a noticed joint public hearing with the Commission to consider the approval of an Amendment to the Redevelopment Plan for the Uptown Redevelopment Project (Reinstatement of Eminent Domain) of an Amendcd and Restated Redevelopment Plan for the Central City North Redevelopment Project and certified the Final EIR. A. INDEPENDENT JUDGMENT FINDING The City retained LSA Associates, Inc., to assist with the preparation of the Draft EIR and Final EIR. The Draft EIR and the Final EIR were prepared under the direction and supervision of the City, Development Services Department, Planning Division. The Final EIR includes the documents, reports, technical appendices, correspondence, notices, minutes of public scoping meetings and related materials described in Final EIR 1-1. The Final EIR is on file with the City Clerk and is available for inspection and copying as a public record of the City by interested persons during the regular business hours of the City Clerk. The Agency participated and cooperated with the City in the review and commenting process during the EIR preparation. Finding: The Final EIR reflects the Commission's independent judgment and analysis. The Commission has considered the contents of the Final EIR prior to the approval of the Project. The Commission has exercised its independent judgment in reviewing and considering the contents of the Final EIR in accordance with CEQA Guidelines Section l5096(d). B. FINDINGS ON THE FINAL EIR Finding: The Commission hereby declares that the Final EIR has identified and discussed significant effects which may occur as a result of the Project. With the implementation of the 4 P:\Agenda5\CotTnl [lev Commission\COC 2004\04-07-19 Uptown CCN Statement ofOvcrriding Consider.dions.OOc o o o mitigation measures discussed in the Final EIR, these effects can be mitigated to a level of less than significance as set forth in Section III.F. However, there are certain other significant effects which either cannot be fully mitigated or for which no feasible or practical mitigation currently exist, and these unavoidable significant impacts are discussed in Section III.G of these Findings. C. GENERAL FINDING ON MITIGATION MEASURES The Commission has reviewed the mitigation measures applicable to the Project set forth in the Mitigation Monitoring Plan and adopted by the City, as the "lead agency". Findings: The Commission hereby finds that the mitigation measures summarized in the Mitigation Monitoring Plan shall reduce all potential significant impacts of the Project to a level of less than significant, except as set forth in Section III.G. The Commission hereby adopts all mitigation measures recommended in the Final EIR. The Commission hereby adopts the Mitigation Monitoring Plan for the Project in the form as submitted to the Commission at the joint public hearings when the Final EIR was considered. If a mitigation measure identified in the Final EIR has, through error, been omitted from the Mitigation Monitoring Plan from these Findings, or that measure is not specifically reflected in these Findings, that mitigation measure shall be deemed to be adopted pursuant to this paragraph. D. ENVIRONMENTAL IMPACTS AND FINDINGS The detailed analysis of potential environmental impacts and proposed mitigation measures for the Project presented in Final EIR: (D) I - I through 1-5 and 4. I through 4.6, inclusive. Responses to comments and any revisions or omissions to the Draft EIR are provided in the Final EIR: 3- I through 3-14. The Final EIR evaluated two (2) major environmental categories (transportation/circulation and air quality) for potential significant adverse impacts, including cumulative impacts. Both project-specific and cumulative impacts were evaluated. Of these two (2) environmental categories, the Commission concurs with the conclusions in the Final EIR that with respect to all except the issues considered in Section III.G., that all of the other issues and sub-issues discussed in these Findings can be mitigated below a significant impact threshold and for those issues which cannot be mitigated below a level of significance (See Section III.G.), overriding considerations exist which make impacts acceptable. In addition to the two (2) major environmental categories addressed in the Final EIR, four (4) other major categories were found to be non-significant in the Initial Study prepared by the Project. The Commission concurs with the conclusions on these categories as outlined in the Initial Study (Appendix A of the Draft EIR) and finds that no significant impacts have been identified as to those categories identified in the Initial Study and no further analysis is required. E. IMPACTS IDENTIFIED IN THE FINAL EIR AS LESS THAN SIGNIFICANT REQUIRING NO MITIGATION Certain effects for the Project were found not to be significant and were identified as such in the initial study for the Project. The basis on which the effects of the Project found to be less than potentially significant were set forth in summary in the Final EIR. These less than potentially 5 P:\Agendas\Cornm Drv ColTlllission\CDC 2004104-07-19 Upown CCN Statmrnl ofOvariding Consideralions.OOc o significant effects of the Project are the following the reasons set forth in the Final EIR: (D)2-5 through 2-14: Agricultural Resources; Biological Resources; Energy and Mineral Resources; Hazards; HydrologylWater Resources; Population and Housing; Public Services Public Utilities; and Recreation The following issues were identified in the Initial Study (Appendix A of the Draft EIR) as having the potential to cause significant impact and were carried forward to the Final EIR for detailed evaluation. These issues were found, either on the basis of further analysis in the Final EIR or because the identified impacts have been fully mitigated, as having no potential to cause significant impact and therefore require no project-specific mitigation. Each resource issue is identified and the potential for significant adverse environmental effects is discussed below: Aesthetics o Any project initiated within the Uptown and CCN Project Areas would be subject to City- mandated development standards relative to the design, construction, and maintenance of structures, parking areas, landscaping, and site amenities. New development within the project areas adhering to City-mandated design standards may result in the construction and operation of uses that contrast with the existing scale, pattern, and aesthetic character of adjacent development. Because of the deteriorated aesthetic character currently exhibited within the Uptown and CCN Project Areas, and because any future development that may occur will be required to adhere to current City design and development standards, no significant adverse aesthetic impacts would result from either the proposed reinstatement of eminent domain or the implementation of the proposed General Plan Amendment 04-02. The planned future Mercado Santa Fe Project proposes demolition of several existing residential and commercial uses within a portion of Subarea B of the Uptown Project Area. The future construction of a retail-commercial center and the installation of public amenities and infrastructure improvements will alter the existing character of the site. The proposed retail- commercial project will be required to adhere to applicable City-mandated design guidelines and development standards. The proposed future development of the Mercado Santa Fe Project per applicable City standards would eliminate blighted conditions that are present on site, generally improving the aesthetic character of the site. Therefore, no significant adverse aesthetic impacts are anticipated to result from the development ofthe proposed future Mercado Santa Fe project. o Lighting 6 P:\Agcndas\Cornn Dc:v Colmlission\COC 2004'.04-07-19 UptoWll CCN $ta1emcnl ofOvcrriding Comideralions.OOc o o o - The location, amount, intensity, or direction of existing lighting sources would not be directly or immediately affected by the reinstatement of eminent domain or implementation of the proposed General Plan Amendment 04-02. As redevelopment occurs within the Uptown and CCN Project Areas, alterations to the existing lighting environment may occur. Development of the proposed future Mercado Santa Fe Project will result in the construction and operation of retail- commercial uses and may alter the amount, intensity, and/or location oflighting. The installation/operation of new lighting sources within the Uptown and CCN Project Areas would be required to adhere to the standards in the City's General Plan and the Development Code. These standards address the effect of lighting and glare and require that no new sources of light or glare be visible beyond parcel boundaries. Thus, no adverse effects would occur on neighboring properties and potentially light- sensitive uses. Furthermore, the standards require such measures as security lighting at entrances and exits to new developments, which may prove beneficial to neighboring properties. Because the design, installation, and operation of lighting sources are governed by established standards, and because adherence to such standards is required of all new development, no potentially adverse lighting impact will result from the implementation of any component of the proposed Project at this level of analysis. Cultural Resources The reinstatement of eminent domain and the proposed General Plan Amendment 04-02 will not result in direct physical changes to existing structures other than those located on the proposed retail site, which are addressed in this analysis. Redevelopment activities within the Uptown and CCN Project Areas will, however, be enabled by these actions and will occur when and where market conditions and the development and redevelopment climate are favorable. Any subsequent development activities will be required to adhere to applicable City, State, and federal regulations governing projects that may impact (either directly or indirectly) the integrity of an identified historic structure, object, site, or landmark. Subsequent project-specific historic/cultural resource investigations will be required for future development projects; consequently, no significant impacts would result from these actions. Anticipated future development of the retail center on the Mercado Santa Fe Project site will, however, necessitate the demolition of ten (10) structures, including three (3) residential structures, three (3) active commercial structures, and four (4) abandoned structures that formerly housed or supported commercial uses. In summary, visual inspection and historical research of the proposed retail project site demonstrated the presence of single- and multi-family domestic residences of Euro-American blue-collar and middle-class residents. The residences were constructed over a succession of years from about 1905 through the 1910s, and were occupied by successions of individuals and families. The commercial properties were constructed in the 1950s. As none appear eligible for listing on the California Register, the demolition of the residences and the commercial buildings is not considered an adverse effect under CEQA guidelines. The anticipated Mercado Santa Fe Project retail center development will have no adverse effect on any potential historic properties on-site or in the immediate area. F. POTENTIALLY SIGNIFICANT IMPACTS WHICH CAN BE MITIGATED BELOW A LEVEL OF SIGNIFICANCE AND MITIGATION MEASURES 7 P:\Allendas\Convn Dev Commission\CDC 2004\04-07_19 Uptown CCN Statarent o(Ov=iding Considmltions.OOc o o o Public Resources Code Section 21081 states that no public agency shall approve or carry out a project for which an environmental impact report has been completed, which identifies one or more significant effects, unless the public agency makes one or more of the following findings: 1. Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment. 2. Those changes or alterations are within the responsibility and jurisdiction of another public agency and have been, or can and should be, adopted by that other agency. 3. Specific economic, legal, social, technological, or other considerations, make infeasible the mitigation measures or alternatives identified in the Final EIR. The following issues from the environmental categories analyzed by the Final EIR were found to be potentially significant, but can be mitigated to a less than significant level, with the imposition of mitigation measures: . Air Quality, . Traffic and Circulation, . Cultural Resources and, . Noise. The Commission finds that all potentially significant impacts of the Project listed below can and will be mitigated, reduced or avoided by imposition of the mitigation measures set forth in the Final EIR and the Mitigation Monitoring Plan. Specific findings of the Commission for each category of such impacts are set forth in detail below: The Commission hereby finds, pursuant to Section 21081 that the following potential environmental impacts can and will be mitigated to below a level of significance, based upon the implementation of the mitigation measures set forth in the Final EIR: AIR QUALITY The development assumptions of the Project are set forth in Final EIR (D) Table 3.A. These development assumptions produce certain affects on Air Quality under the guidelines set forth by the South Coast Air Quality Management District ("SCAQMD"). These SCAQMD guidelines were applied to the assessment of Air Quality impacts of the Project. Essentially, these development impacts are associated with the amendment to the land use element of the General Plan and the Mercado Santa Fe Project. The analysis conducted in the Final EIR (Final EIR (D) 4.2-1 through 4.2-18) indicates that the Project will not have an adverse environmental effect on two (2) elements of Air Quality. These two (2) elements are referred to as "Architectural Coatings in Construction Activities" and "Long-Term Microscale (CO Hotspots) Impacts." However, the analysis of two (2) other 8 P:\Agendas\Comrn Dev Comrnission\CDC 2004\04-01-19 Uptown CCN Statement ofOvcrriding Considc:ntioll!l,doc o o o - elements of Air Quality in the Final EIR (Final ErR (D) 4.2-18 through 4.2-22) indicate that the Project will have certain unavoidable adverse impacts even after the implementation of mitigation measures. These two (2) elements are identified in the Final EIR as "Construction Impacts" (construction equipment exhaust and dust) and "Long-Term Regional Air Quality Impacts" (vehicle traffic effects on air quality). Air Quality/Construction Impacts (SEE ALSO SECTION III.G. SIGNIFICANT AND UNAVOIDABLE): According to the Final EIR the short-term construction impacts associated with the Mercado Santa Fe Project can be reduced if mitigation measures are implemented. However, even with the implementation of the mitigation measures identified in the Final EIR, short-term adverse effects on sensitive receptors during the course of construction of the Mercado Santa Fe Project will remain significant and unavoidable. Findings: The Commission hereby finds that the following mItIgation measures shall substantially reduce the adverse effects of the short-term construction improvements, but not reduce them to a level of insignificance. All construction activities undertaken as a result of the Project shall be required to comply with regional rules that assist in reducing short-term air pollutant emissions. SCAQMD Rule 403 requires that fugitive dust be controlled with best available control measures so that the presence of such dust does not remain visible in the atmosphere beyond the property line of the emission source. In addition, SCAQMD Rule 402 requires implementation of dust suppression techniques to prevent fugitive dust from creating a nuisance off site. Applicable dust suppression techniques from Rule 403 are summarized below. Implementation of these dust suppression techniques can reduce the fugitive dust generation (and thus the PMIO component). Rule 403 Measures applicable to the proposed actions include: . apply nontoxic chemical soil stabilizers according to manufacturers' specifications to all inactive construction areas (previously graded areas inactive for 10 days or more); . water active sites at least twice daily. (Locations where grading is to occur will be thoroughly watered prior to earthmoving); . all trucks hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least two (2) feet of freeboard in accordance with the requirements of Califomia Vehicle Code (CVe) Section 23114 (freeboard means vertical space between the top of the load and top of the trailer); . pave construction access roads at least 100 feet onto the site from the main road; and . traffic speeds on all unpaved roads shall be reduced to 15 mph or less. In addition to Rule 403 measures, the following measures shall apply to the proposed actions: 9 P;\Agendas\Comm De, Commission\CDC 2004\04-.07-19 Uptown CCN StaIement QfOvcrriding Considcr.ltiooJ.doc o · disturbed areas shall be (re)vegetated as quickly as possible; . all excavating and grading operations shall be suspended when wind speeds (as instantaneous gusts) exceed 25 mph; . all streets shall be swept once per day if visible soil materials are carried to adjacent streets (recommend water sweepers with reclaimed water); . wheel washers shall be installed where vehicles enter and exit unpaved roads onto paved roads; and . the area disturbed by clearing, grading, earthmoving, or excavation operations shall be minimized at all times. The construction contractor shall select the construction equipment used on site based on low emission factors and high energy efficiency. The construction contractor shall ensure that construction grading plans include a statement that all construction equipment will be tuned and maintained in accordance with the manufacturer's specifications. The construction contractor shall utilize electric or diesel powered equipment in lieu of gasoline powered engines where feasible. o The construction contractor shall ensure that construction grading plans include a statement that work crews will shut off equipment when not in use. During smog season (May through October) the overall length of the construction period will be extended, thereby decreasing the size of the area prepared each day, to minimize vehicles and equipment operating at the same time. The construction contractor shall time the construction activities so as to not interfere with peak hour traffic and minimize obstruction of through traffic lanes adjacent to the site; if necessary, a flagperson shall be retained to maintain safety adjacent to existing roadways. The construction contractor shall support and encourage ridesharing and transit incentives for the construction crew. . Air QualitylLong-Term Regional Air Quality Impacts (SEE ALSO SECTION III.G. SIGNIFICANT AND UNAVOIDABLE): Long-term air emissions are those associated with stationary sources and mobile sources. The Final EIR forecasts the potential effect on long-term air emissions of the Mercado Santa Fe Project and the new development potential associated with the amendment to the land use elements of the General Plan. The Final EIR assumes that 21,419 daily vehicle traffic trips will be generated as a result of such development in calendar year 2008 (Final EIR (D) 4.2-21 through 4.2-22 and Final EIR (D) Table 4.2.1). o 10 P:\Agendas\Comn De'l Commis.sion\CDC 2004'D4-{)1.19 Uptowa COI SlaIcmenl of Overriding Considerations_doc o o o In light of the emissions produced by these new vehicle trips and the related stationary source air emissions of the completed project, the Final EIR reports that emissions of carbon dioxide, reactive organic compounds, nitrogen dioxide and visibility reducing particles (PMIO) will exceed the thresholds set by SCAQMD for these pollutants. Findings: The Final EIR notes that no measures are available to reduce emissions from mobile sources (vehicle trips) and that it is mobile source emission which is the primary source oflong- term air quality impacts associated with the Project. The Commission hereby concurs with this finding. CULTURAL RESOURCES Findings: The Commission hereby finds that adherence to the following mitigation measures shall reduce the potential adverse effects on cultural resources to a level of insignificance: In the event construction activities expose a cultural or archaeological resource, a qualified archaeologist shall be notified to ascertain the significance of the find. The qualified archaeologist shall be empowered to halt or divert earthmoving activities in the vicinity of the find to allow for the adequate (as determined by the City, State, or other responsible entity) recordation and/or recovery of the find. If human remains are encountered, Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the County Coroner has made a determination of 'origin and disposition pursuant to Public Resources Code Section 5097.98. The County Coroner must be notified of the find immediately. If the remains are determined to be prehistoric, the Coroner will notify the Native American Heritage Commission (NAHC), which will determine and notify a Most Likely Descendent (MLD). With the permission of the landowner or hisfher authorized representative, the descendent may inspect the site of the discovery. The descendent shall complete the inspection within 24 hours of notification by the NAHC. The MLD may recommend scientific removal and nondestructive analysis of human remains and items associated with Native American burials. NOISE The Commission hereby finds that the following mitigation measures shall substantially reduce potentially significant noise impacts from short-term construction operations, but not reduce them to a level of insignificance: During all project site excavation and grading on-site, the project contractors shall equip all construction equipment, fixed or mobile, with properly operating and maintained mufflers consistent with manufacturer's standards. The project contractor shall place all stationary construction equipment so that emitted noise is directed away from sensitive receptors nearest the project site. II P:\Agendas\Comm o.:~ Commission\CDC 2004\04-07-19lJtU1wn CCN Slal~ ofOvariding Considendions_OOc o o o The construction contractor shall locate equipment staging in areas that will create the greatest distance between construction-related noise sources and noise-sensitive receptors nearest the project site during all project construction. During all project site construction, the construction contractor shall limit all construction-related activities that would result in high noise levels to between the hours of 7:00 a.m. to 7:00 p.m. on weekdays. Only limited construction that would not affect adjacent sensitive uses is permitted on Sundays and government holidays. Finding: The Commission hereby finds that the following mitigation measures shall reduce potentially significant noise impacts from long-term construction operations to a level of insignificance: An air-conditioning system for all commercial/office buildings will be required in any location impacted by traffic noise levels exceeding 57 dBA CNEL. TRANSPORTATION AND CIRCULATION Finding: The Commission hereby finds that the following mitigation measures shall reduce potentially significant traffic impacts to a level of insignificance: Prior to issuance of certificates of occupancy, the project proponent shall install a traffic signal at the "L" Street! Second Street intersection. Prior to issuance of certificates of occupancy, the Project proponent shall install a traffic signal at the "J" Street! Second Street intersection. Finding: The Commission hereby finds that implementation of the following mItIgation measures relating to intersection improvements for year 2025 with project conditions, the minimum level of service standards are maintained at study area intersections where a significant Project impact is identified, thereby reducing the impact to a less than significant level: The ProjecI shall make a fair share contribution to the following mitigation measures: Station Way/Giavanola Avenue/ Second Street - Installation of a traffic signal. "L" Street!Second Street - Installation of a traffic signal. "K" StreetlThird Street - Addition of one westbound through lane. "J" Street! Second Street - Installation of a traffic signal. 1-215 Southbound On-Ramp/Second Street - Restripe southbound approach as one dedicated left turn lane, one shared through/left turn lane, and one right turn lane. 12 P:\Agendas\Cotml. De" Convnission\COC 2004\04-07_19 Uptown CCN Statement ofOvmiding Considerarion$.doc o o o G. IMPACTS ANALYZED IN THE FINAL EIR AND DETERMINED TO BE SIGNIFICANT AND UNAVOIDABLE With the implementation of all available and feasible mitigation measures recommended in the Final ErR, the following adverse impacts of the proposed project stated below are considered to be significant and unavoidable, both individually and cumulatively, based upon information in the Final EIR, in the record, and based upon testimony provided during the public hearings on this Project. These impacts are considered significant and unavoidable despite the mitigation measures which are imposed and which will reduce impacts to the extent feasible: Both short-term construction-related impacts and long-term vehicular air quality impacts have been identified as significant and unavoidable even with implementation of mitigation measures. Air Quality Construction Emissions (Fugitive DusUConstruction Equipment Exhaust). While compliance with the standard control measures will reduce by half the emissions of fugitive dust, these emissions as emission of nitrous oxides (NOX) or exhaust from construction equipment, will remain above thresholds established by the South Coast Air Quality Management District; therefore, impacts resulting from the development of the Mercado Santa Fe Project will remain significant and unavoidable. The Commission hereby concurs with this finding. Long-Term Regional Air Quality Impacts. Most of the Project's long-term air quality impacts are generated by vehicle emissions. No mitigation measures are available to substantially reduce long-term air quality impacts of the Project. Therefore, impacts remain significant and unavoidable. The Commission hereby concurs with this finding. Traffic Year 2008 with Project Freeway Conditions. All freeway segments examined on Interstate 10 (1-10) and 1-215 are projected to operate below acceptable levels of service. There are no feasible mitigation measures for these impacts; thus, they remain significant and unavoidable. The Commission hereby concurs with this finding. Year 2025 with Project Freeway Conditions. All freeway segments examined on the 1-10, 1- 215, State Route 259 (SR-259), and State Route 30 (SR-30) are projected to operate below acceptable levels of service. There are no feasible mitigation measures for these impacts; thus, they remain significant and unavoidable. The Commission hereby concurs with this finding. Finding: The Commission concurs with the conclusion of the EIR that there is no feasible way of assuring funding of the following specific mainline freeway improvements, and that accordingly the adverse impacts from the Project to existing "Below Level of Service Threshold" operations ofthese freeway segments will be significant and unavoidable: 1-10 - 1-215 to Waterman Avenue: Addition of one eastbound mixed-flow lane and one High Occupancy Vehicle (HOV) lane, and one westbound HOV lane. 13 P:\Agcndas\Comm I)c;v Cornrnission\CDC 2004\04-07-19 Uptown ~ Statement orOverriding Considmltions.doc o o o 1-215 - Mt. Vernon Avenue to Orange Show Road: Addition of one northbound mixed- flow lane, one northbound HOV lane, one southbound mixed-flow lane, and one southbound HOV lane. 1-215 - Orange Show Road to Inland Center Drive: Addition of one northbound mixed- flow lane, one northbound HOV lane, and one southbound HOV lane. 1-215 - Inland Center Drive to Second Street: Addition of one northbound mixed-flow lane, one northbound HOV lane, one southbound mixed-flow lane, and one southbound HOV lane. 1-215 - Second Street to Fifth Street: Addition of one northbound HOV lane and one southbound HOV lane. 1-215 - Fifth Street to SR-259: Addition of one northbound mixed-flow lane, one northbound HOV lane, and one southbound HOV lane. 1-215 - SR-259 to SR-30: Addition of one northbound mixed-flow lane, one northbound HOV lane, one southbound mixed-flow lane, and one southbound HOV lane. 1-125 to Highland Avenue: Addition of one HOV lane in the northbound and southbound directions. SR-259 - Highland Avenue to SR-30: Addition of one HOV lane in the northbound and southbound directions. SR-30 - 1-259 to Waterman Avenue: Addition of one northbound mixed-flow lane, one northbound HOV lane, one southbound mixed-flow lane, and one southbound Improvements to 1-10, 1-215, SR-259, and SR-30 are under the authority of Caltrans. However, there is no mechanism for development project proponents to pay fees or make fair-share contributions toward improving mainline freeway lanes. Even if there were such a mechanism, there is no way to ensure that such payments would be directed to a specific freeway improvement project. Consequently, there are no feasible mitigation measures for these impacts. The Commission hereby concurs with this finding. H. RESERVED 14 P;\Agendas\Comrn Dev Corrmission\CDC 2004\04-07-19 Uptown CCN Statement of Overriding Considerations.doc o o o . I. PROJECT BENEFITS The benefits derived from the approval of the Project are related to eliminating conditions of blight in the Project Areas. The Project fulfills the goals outlined in the City's General Plan, the goals outlined in each respective project area plan as well as the primary purpose of the Agency under Community Redevelopment Law by means of assisting owner participants and third party developers under the terms of specific redevelopment agreements and covenants acceptable to the Agency to (i) consolidate parcels; (ii) eliminate obsolete or blighted structures or conditions on commercial property; and, (iii) preserve and create new employment and private capital investment in the Project Area. The following benefits will occur as a result of Project implementation: 1. Implementation of the Project will result in the eliminate obsolete or blighted structures or conditions. 2. The Project will result in the preservation and creation of new employment and capital investment within the Uptown and CCN Project Areas. 3. The construction and operation of the proposed project will provide new employment opportunities, both short-term construction and potential long-tenn retail employment. 4. Establishment of the Mercado Santa Fe Project within Subarea B of the Uptown Project area will provide additional shopping amenities to serve the residents of the City and adjacent communities. 5. Development of the proposed Project will provide a logical extension of convenient and aesthetically compatible uses, which will strengthen the economic viability of the City. J. STATEMENT OF OVERRIDING CONSIDERATIONS The Commission adopts this Statement of Overriding Considerations with respect to the significant unavoidable impacts identified in the Final EIR. The following significant unavoidable impacts are anticipated to result from the proposed project after implementation of all project-specific mitigation measures identified in Section 4.0 of the Final EIR: Air Quality The proposed project would create significant air quality impacts from short-term construction activities and during long-term operations of the site. Pollutant emissions resulting from short- term construction activity would exceed thresholds for NOx and PMlOemissions after mitigation. Pollutant emissions associated with long-term operation activities would also exceed thresholds for CO, ROC, NOx, and PM... These impacts remain significant after mitigation. 15 P:\Agendas\Comn Dev Commis$ion\CDC 2004\04.()7-t9 Uptown CCN Statement orOverriding ConsKlc:rations,doc o o o - Traffic Two significant unavoidable traffic impacts would result from implementation of the proposed project. The proposed project creates or contributes to unacceptable freeway operations (LOS F) during the p.m. peak hour in year 2008 on the following: . 1-10 from 1-215 to Waterman Avenue; and . 1-215 from Mt. Vernon Avenue to SR-30. In year 2025, the project creates or contributes to unacceptable freeway operations (LOS F) during the p.m. peak hour on the following: . 1-10 from 1-215 to Waterman Avenue; . 1-215 from Mt. Vernon Avenue to SR-30; . SR-259 from 1-215 to SR-30; . SR-30 from State Street to 1-215; and . SR-30 from 1-259 to Waterman Avenue. Although mitigation of these impacts could be obtained by adding HOV or mixed-flow freeway lanes, these improvements are under the authority of Caltrans. There is no mechanism for development proponents to pay fees or make fair-share contributions toward improving mainline freeway lanes. Even if such a mechanism existed, there are no means to ensure that such payments would be directed to a specific freeway improvement project. Consequently, there are no feasible mitigation measures for identified freeway impacts. AIR QUALITY While implementation of mitigation measures will reduce construction-related air quality impacts on nearby sensitive receptors, short-term construction air quality impacts resulting from the proposed future retail center known as Mercado Santa Fe Project unavoidable. Nevertheless, the elimination of blight in Subarea B of the Uptown Project Area is hereby found to outweigh this temporary short-term adverse impact. No measures are available to reduce emissions from mobile sources, which are the primary source impacts. Long-term air quality impacts remain significant and unavoidable. TRAFFIC AND CIRCULATION All of the freeway segments examined on 1-10 and 1-215 are projected to operate below the acceptable level of service threshold under 2008 with project conditions. The addition of project- generated traffic contributes to these unsatisfactory operations. Improvements to 1-10 and 1-215 are under the authority of Caltrans. However, there is no mechanism for development project proponents to pay fees or make fair share contributions towards improving mainline freeway lanes, and even if there were such a mechanism, there is no way to ensure that such 16 P:\Agendas\Comm De" Commission\COC 2004\04-07-19 Uplown CCN Statcmenl. ofOvmiding ConsidmstKlns_doc o o o ~ payments would be directed to a specific freeway improvement project. Consequently, there are no feasible mitigation measures for these impacts. Because there is no feasible way to ensure payment for the identified mitigation, these impacts remain significant and unavoidable. NOISE The increase in short-term traffic on the surrounding roads due to construction actlVll1es is expected to be small reduction in and the associated increase in long-term traffic noise will not be perceptible. However, short-term intermittent high noise levels associated with truck traffic can be anticipated. This section of findings specifically addresses the requirements of Section 15093 of the CEQA Guidelines, which require the lead agency to balance the benefits of a proposed project against its unavoidable significant impacts and to determined whether the impacts are acceptably ovenidden by the project benefits. The Commission finds that the previously stated major project benefits, see Section F above, outweigh the unavoidable significant adverse environmental impacts noted above. Each of the separate benefits of the proposed project cited in the materials prepared at the direction of the City by the EIR consultant are hereby determined to be, in themselves and independent of the other project benefits, a basis for oveniding all unavoidable environmental impacts identified in the Final EIR and in these findings. The Commission's findings set forth in the preceding sections have identified all of the adverse environmental impacts and the feasible mitigation measures, which can reduce impacts to less than significant levels where feasible, or to the lowest feasible levels where significant impacts remain. The findings have also analyzed four alternatives to determine whether there are reasonable or feasible alternatives to the proposed action or whether they might reduce or eliminate the significant adverse impacts of the proposed project. The Final EIR, present evidence that implementing the development of the project will cause significant advcrsc impacts, which cannot be substantially mitigated to nonsignificant levels. These significant impacts have been outlined above and the Commission makes the following finding: Finding: Having considered the unavoidable adverse impacts of the project, the Commission hereby determines that all feasible mitigation has been adopted to reduce or avoid the potentially significant impacts identified in the Final EIR and that no additional feasible mitigation is available to further reduce significant impacts. Further, the Commission finds that economic, social, and other considerations of the project outweigh the unavoidable adverse impacts described above. The reasons for accepting these remaining unmitigated impacts are described below. In making this finding, the Commission has balanced the benefits of the project against its unavoidable environmental impacts and has indicated its willingness to accept those risks. Finding: The Commission finds that the Project's benefits are substantial and ovenide each unavoidable impact of the project. 17 P;\Agendas\Corrm Dcv Commi$sion\CDC 2004\04..(17.19 Upwwn CCN Stal:arent of Overriding Considenitions.doe o o o ~ K. -ADOPTION OF A MONITORING PLAN FOR THE CEQA MITIGATION MEASURES CEQA Guidelines Section 15097 requires the Commission to adopt a monitoring or reporting program regarding the changes in the project and mitigation measures imposed to lessen or avoid significant effects on the environment. The Mitigation Monitoring Plan included as Section 5 in the Final EIR is hereby approved and adopted by the Commission, and the Commission hereby finds that such plan satisfies CEQA's mitigation monitoring requirements. Furthermore, the Commission shall ensure the Agency shall comply with the requirements of the Mitigation Monitoring Program and make such reports as necessary during: (i) all condemnation proceedings against land lying within either Project Area; (ii) the development of the Mercado Santa Fe Project if assisted by the Agency; and (iii) the development of any other redevelopment project lying on land affected by General Plan Amendment No. 04-02 to which the Agency grants assistance. 1. The Mitigation Monitoring Plan is designed to ensure compliance with the changes in the project and mitigation measures imposed on the project during project implementation; and 2. Measures to mitigate or avoid significant effects on the environment are fully enforceable through permit conditions, agreements or other measures. 18 P:\Agendas\Corr.n Dev Conmission\CDC 2004\04-07-19 Uptown CCN Statanenl. orOvcrriding Cort'lidaatioJu.doc o o .. o , , ,....( .....-><..... .~Y'4 - '."'. < .., RESOLUTION NO. 2 3 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO MAKING FINDINGS REGARDING CONDITIONS OF BLIGHT IN THE REDEVELOPMENT PROJECT AREA OF THE CENTRAL CITY NORTH REDEVELOPMENT PROJECT, APPROVING THE SECTION 33352 REPORT TO THE MAYOR AND COMMON COUNCIL ON THE 2004 EMINENT DOMAIN AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE CENTRAL CITY NORTH REDEVELOPMENT PROJECT AND APPROVING THE 2004 EMINENT DOMAIN AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE CENTRAL CITY NORTH REDEVELOPMENT PROJECT 4 5 6 7 8 9 10 11 WHEREAS, the City of San Bernardino ("City") is a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California; and 12 13 14 WHEREAS, the Redevelopment Agency of the City of San Bernardino ("Agency") is a 15 public body, corporate and politic, organized and existing under the California Community , Redevelopment Law (the "CRL"). The CRL is found at Health and Safety Code Section 33000 16 17 et seq.; and 18 WHEREAS, the Community Development Commission of the City of San Bernardino (the "Commission") is the governing board of the Agency; and 19 20 WHEREAS, the Mayor and Common Council of the City ("Common Council"), by adoption of Ordinance No. 3366 on August 6, 1973, approved and adopted the Redevelopment Plan for the Central City North Redevelopment Project; and 21 22 23 WHEREAS, the Common Council has subsequently adopted amendments to the Redevelopment Plan for the Central City North Redevelopment Project as follows: 24 25 (i) Common Council Ordinance No. MC-561 on December 8, 1986; 26 27 (ii) Common Council Ordinance No. MC-719 on April 2, 1990; 28 (iii) Common Council Ordinance No. MC-nO on December 19, 1994; and -1- > P:\Agcndas\Reosolutions\Resolutions\l004\04-07-19 cX:N Blight Analysis CDC Reso.do<: .. ,-, '- ~.~. 'Ii, ;\"" o o o "I (iv) Common Council Ordinance No. MC-1154. 2 3 4 5 6 WHEREAS, the Common Council has initiated proceedings for the adoption of a further amendment to the Redevelopment Plan to reinstate the Agency's power to acquire land in the redevelopment project area of the Central City North Redevelopment Project (the "Project Area") by eminent domain and to make certain other technical amendments to the Redevelopment Plan, including the rescission of the special development regulations contained in the Redevelopment Plan affecting lands in the Project Area so that all new development in the Project Area must conform to the applicable provisions of the City's current General Plan and current zoning and development regulations, and updating certain other provisions of the Redevelopment Plan as relating to the relocation of persons and businesses who may be displaced from the Project Area and updating the provisions relating to affordable housing in accordance with current provisions of the CRL; and WHEREAS, the Common Council and the Community Development Commission of the City of San Bernardino (the "Commission"), which serves as the governing board of the Agency, have called upon the owners of property, residents, business operators and neighborhood organizations in the Project Area to form a Project Area Committee for the purpose of having consultations concerning the proposed reinstatement of the Agency's power of eminent domain and the other technical amendments and restatements of the Redevelopment Plan (the "2004 Amended and Restated Redevelopment Plan") and the potential of the Agency's exercise of the reinstated power of eminent domain to displace low- and moderate-income residents through the exercise of eminent domain on residential properties within the Project Area; and 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 WHEREAS, the members of the Project Area Committee for the Project Area have considered and approved the 2004 Amended and Restated Redevelopment Plan and have voted to recommend to the Common Council and the Commission that the 2004 Amended and Restated Redevelopment Plan be approved at the joint public hearing scheduled for July 19, 2004; and WHEREAS, the 2004 Amended and Restated Redevelopment Plan does not propose to modify the boondaries of the Project Area or change any of the financial provisions of the 23 24 25 26 27 28 -2- P:\Agendas\Rcsolulions\Rc:solulions\2004"D4-07-19 CCN Blighl ""-lysis CDC Reso.doc o Redevelopment Plan. The 2004 Amended and Restated Redevelopment Plan is focused solely 2 on: (i) the reinstatement of the Agency's eminent domain authority with respect to all property 3 in the Project Area to a new date of August 6, 2013 following the adoption of the ordinance of the Common Council adopting the 2004 Amended and Restated Redevelopment Plan; (ii) the rescission of the special land development regulations contained in the Redevelopment Plan affecting lands in the Project Area so that all new development in the Project Area must conform to the applicable provisions of the current City General Plan and current zoning and development regulations; and (iii) updating certain other provisions of the Redevelopment Plan as relate to the relocation of persons and businesses who may be displaced from the Project Area and updating certain provisions of the Redevelopment Plan relating to affordable housing in accordance with current provisions of the CRL; and 4 5 6 7 8 9 10 11 12 WHEREAS, the Common Council consented to hold a joint public hearing with the 13 Commission with respect to the 2004 Amended and Restated Redevelopment Plan, at which 14 public hearing any and all persons having any objection to the 2004 Amended and Restated o IS Redevelopment Plan or the Final Program Environmental Impact Report described below, or the o 16 regularity of any prior proceedings concerning the 2004 Amended and Restated Redevelopment Plan, would be allowed to appear before the Commission and the Common Council and show cause why the 2004 Amended and Restated Redevelopment Plan should not be adopted; and 17 18 19 WHEREAS, the joint public hearing of the Commission and the Common Council was , 20 duly held on July 19, 2004 regarding the certification of the Final Program Environmental Impact Report and the 2004 Amended and Restated Redevelopment Plan; and 21 22 WHEREAS, a Final Program Environmental Impact Report has been prepared in connection with the consideration and approval of the 2004 Amended and Restated Redevelopment Plan, and the Common Council has adopted its resolution entitled: 23 24 25 "RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS, CERTIFYING A FINAL PROGRAM ENVIRONMENTAL IMPACT REPORT, ADOPTING THE MITIGATION MONITORING PLAN FOR THE REINSTATEMENT OF EMINENT DOMAIN POWERS IN THE REDEVELOPMENT PROJECT AREAS OF THE UPTOWN REDEVELOPMENT PROJECT AREA AND THE CENTRAL 26 27 28 -3- P:~\Resoluliollll\R.e50lutions\2004\04-07.19CCN Bliglu AnalysisCDC Reso.doc o o o 2 CITY NORTH REDEVELOPMENT PROJECT AREA, AND OTHER ENTITLEMENT ACTIONS, APPROVING CERTIFYING A TRANSPORTATION TRAFFIC IMPACT ANALYSIS REPORT, AND ADOPTING GENERAL PLAN AMENDMENT NO. 04-02"; and WHEREAS, the Commission has adopted its resolution entitled: 3 4 5 "RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AS A RESPONSIBLE AGENCY UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS, AND MAKING FINDINGS THAT A FINAL PROGRAM ENVIRONMENTAL IMPACT REPORT, AND THE MITIGATION MONITORING PLAN FOR THE REINSTATEMENT OF EMINENT DOMAIN POWERS IN THE REDEVELOPMENT PROJECT AREAS OF THE UPTOWN REDEVELOPMENT PROJECT AND THE CENTRAL CITY NORTH REDEVELOPMENT PROJECT FULLY AND ADEQUATELY ADDRESS THE POTENTIAL ENVIRONMENTAL EFFECTS OF THE APPROVAL BY THE COMMISSION OF SUCH REDEVELOPMENT PLAN AMENDMENTS"; and WHEREAS, all legal prerequisites to the passage of this Resolution have occurred and been taken in accordance with applicable law. NOW, THEREFORE THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, FIND AND DETERMINE AS FOLLOWS: 6 7 8 9 10 II 12 13 14 15 16 Section I. The information set forth in the Recitals of this Resolution is true an 17 18 correct. The Commission has conducted a full and fair joint public hearing with the Commo Council on July 19, 2004 regarding the 2004 Amended and Restated Redevelopment Plan. 19 Section 2. The purpose and intent of the Commission with respect to the 2004 20 Amended and Restated Redevelopment Plan is to reinstate the Agency's eminent domain authority with respect to all property in the Project Area following the adoption of an Ordinance of the Common Council approving the 2004 Amended and Restated Redevelopment Plan until the August 6, 2013, termination date of the Redevelopment Plan. The 2004 Amended and Restated Redevelopment Plan also makes a number of nonsubstantive technical revisions to the text to the original Redevelopment Plan, as set forth in the Recitals of this Resolution. The approval of the 2004 Amended and Restated Redevelopment Plan shall protect and promote the sound redevelopment of the Project Area and the general welfare of the inhabitants of the City by p~oviding a method of property acquisition through the potential use of eminent domain in order for the Agency to be able to assemble parcels, attract redevelopment interest by owners of 21 22 23 24 25 26 27 28 -4- P:\Agendas\Re50lulions\Rcsolulions\2004i04-07-19 CCN Blight Analysis CDC Rcso.doe o o o land and third persons and secure capital improvement in the Project Area by insuring its ability 2 to deliver property for redevelopment purposes as part of specific programs to eliminate and 3 prevent the spread of blight in the Project Area. Section 3. No written objection to the 2004 Amended and Restated Redevelopment 5 Plan was received by the Commission prior to the joint public hearing and no written or oral objection was submitted to the Commission or the Common Council prior to the close of the 6 joint public hearing on the 2004 Amended and Restated Redevelopment Plan. The Agency and the City staff and consultant presentations were submitted at the joint public hearing, including 8 without limitation the visual display of maps, graphs, charts and photographs and the oral 9 comments of interested persons submitted to the Commission and the Common Council at the 10 joint public hearing, and the "Report to Mayor and Common Council, 2004 Eminent Domain 11 Amendment, Central City North Redevelopment Report" (the "Section 33352 Report"). 12 Section 4. (a) The Section 33352 Report contains a summary of facts and 13 information which indicate that conditions of blight continue to burden the Project Area. The 14 observation of the conditions of blight which afflict the Project Area is described in the Section 15 33352 Report. The Section 33352 Report includes both field observation of conditions in the Project Area and analysis of technical data. The field observation was conducted by Agency 16 staff and qualified consultants, as described in the Section 33352 Report, all of whom have significant experience in compiling and evaluating data relating to the existence of blight in a redevelopment project area. The Project Area displayed substantial evidence of blight in 1973 at the time when the 20 Redevelopment Plan was adopted. The existence of blight in 1973 was so prevalent that blight 2\ caused a reduction and lack of property utilization of the area to such an extent that the lands in 22 the Project Area posed a physical and economic burden on the community. CRL Section 33031 contains the primary source of law for the definition of "blight". 24 The following contains a summary of the information contained in the Section 33352 Report 25 which is organized under each of the four (4) elements or categories of "physical blight" (CRL Section 33031(a)) and the five (5) elements or categories of "economic blight" (CRL Section 26 3303 I (b)). The applicable text of the statute is presented in bold-faced type, followed by a 27 summary of the applicable facts contained in the Section 33352 Report. 4 7 17 18 19 23 28 -5- P:\Agendas\Resolutions\ResobJtions\2004104-07-19 CCN Blight Analysis CDC Reso.doc o o o CRL Section 33031(a)(1): "Buildings in which it is unsafe or unhealthy for person 2 to live or work. These conditions can be caused by serious building code violations 3 dilapidation and deterioration, defective design or physical construction, faulty 0 4 inadequate utilities, or other similar factors." 5 This provision describes one of the "classic" symptoms of blight. The informatio 6 summarized in the Section 33352 Report was assembled from field observation of the exterio 7 areas of buildings and structures visible to Agency staff and consultants from the public stree 8 and public right-of-ways in the Project Area. It is believed that interior inspection of th 9 buildings and structures in the Project Area, as well as closer inspections of the exterior areas 0 10 many properties which were not visible from public streets, would likely indicate many more an 11 potentially very serious life and safety related building deficiencies than described in the Sectio 12 33352 Report. The evidence of City code enforcement activity in the Project Area indicates tha 13 over the past five (5) years for which complete data is available, the building code enforcemen 14 rate for serious structural deficiencies is five (5) times higher in the Project Area than in the Ci 15 as a whole [Section 3352 Report B-15]. In large part this trend is likely attributable to th 16 relatively old age of structures in the Project Area. Over 50% of the structures which current! 17 exist in the Project Area were constructed prior to 1920. Many of these are in comparativel) 18 poor and deteriorated condition. [Section 33352 Report B-4 and B-5 and accompanyin 19 photographs] 20 Elsewhere in the Section 33352 Report, it is noted that the Project Area contains 21 comparatively large number of vacant parcels of land - thirty and eight tenth percent (30.8%) 0 22 parcels are vacant [Section 33352 Report B-3]. In an older and fully urbanized area of 23 community such as the Project Area, such a large percentage of vacant or unused parcels of Ian 24 often is an indication of long-standing conditions of blight.. This large number of vacant parcel 25 of land, in an otherwise fully developed urban area, is in large part the result of an effective an 26 sustained effort on the part of the City to enforce building and safety laws in the Project Are 27 [Section 33352 Report B- I 5]. As buildings have deteriorated in the Project Area, the City h 28 taken action to compel property owners to respond to such deterioration and life safety dangers -6- P:\AgenlW\Resolutions\Resolulions\2004\04'()7-19 CCN Blight Analysis CDC Reso.doc o o o 2 3 4 5 6 7 8 9 10 11 12 13 In many, many cases over the past ten (10) or fifteen (15) years, property owners have elected t demolish such unsafe structures rather than repair them. "For the five-year period of 1997-9 through 2000-0 I, code compliance cases for the Project Area exceeded the general norm for th City. Taking the total number of Category 4 cases (deteriorated (dilapidation) and dividing b the number of residents, the Project Area has a rate of more than five times fo deterioration/dilapidated cases than the City." [Section 33352 Report B-15 and Table B-6] Thus the unusually high percentage of vacant parcels of land, plus the conditions observed in the Section 33352 Report relating to the deteriorated condition of buildings, serve t provide confirming evidence that the condition of blight described in CRL Section 33032(a)(1) i present in the Project Area. As indicated in the Section 33352 Report, some new developmen has occurred in the Project Area with the assistance of the Agency. Nevertheless, despite th extensive availability of vacant land to support new construction in the Project Area, particularl on residentially zoned vacant land, new construction without active Agency assistance simpl has not occurred in the Project Area for a number of interrelated factors. In view of the information set forth in the Section 33352 Report the Commission hereb finds that the condition of blight described in CRL Section 3303 I (a)(1) is present in the Projec Area and is a prevalent and substantial condition which causes a reduction and lack of utilizatiOl of the Project Area and substantially contributes to a serious physical and economic burden 0 the community which cannot reasonably be expected to be reversed or alleviated by privat enterprise or government action, or both without redevelopment. CRL Section 33031(a)(2): "Factors that prevent or substantially hinder the economically viable use or capacity of buildings or lots. This condition can be caused by a substandard design, inadequate size given present standards and market conditions, lack of parking, or other similar factors." This condition or symptom of blight remains present in the Project Area. The large number of vacant lots in the Project Area - 30.8% of all legal parcels are vacant in the Project Area comprising approximately 21.5% of the total acreage of the Project Area - evidences this symptom of blight [Section 33352 Report B-3]. The Section 33352 Report contains the following observation: 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -7- P:\Agendas\Rcsolutions\RcsolutionsUOO4\O(..(l7-19 <:eN BlIgbt Analysis ax: Rcso.OOc o o o 2 "Assessing all the lots in the Project Area and comparing them to the City's minimum lot size requirements on a parcel by parcel basis for each permitted use, 72.77% of the parcels are nonconforming and do not meet the minimum lot size requirement. Table B-4 in the Section 33352 Report shows that the effect of the Agency's assistance to date in reducing the Property has reduced the number of nonconforming parcels of land in the "commercial" use designation to a level which is substantially less than the rate 0 nonconformity for "residential" use parcels. To date, the Agency's assistance efforts in the Project Area has been focused on commercial use and residential activities." [Section 33352 Report B-13 and B-14] In view of the information set forth in the Section 33352 Report the Commission hereby finds that the condition of blight described in CRL Section 33031(a)(2) is present in the Project Area and is a prevalent and substantial condition which causes a reduction and lack of utilization of the Project Area and substantially contributes to a serious physical and economic burden on the community which cannot reasonably be expected to be reversed or alleviated by private enterprise or government action, or both without redevelopment. CRL Section 33031(a)(3): "Adjacent or nearby uses that are incompatible with each other and which prevent the economic development of those parcels or other portions of the project area." This condition is a symptom of blight and is found in the Project Area. [Section 33352 Report B-12 through B-13 and accompanying photographs.] In view of the information set forth in the Section 33352 Report the Commission hereby finds that the condition of blight described in CRL Section 3303 I (a)(3) is present in the Project Area and is a prevalent and substantial condition which causes a reduction and lack of ~tilization of the Project Area and substantially contributes to a serious physical and economic burden on the community which cannot reasonably be expected to be reversed or alleviated by private enterprise or government action, or both without redevelopment. CRL Section 33031(a)(4): "The existence of subdivided lots of irregular form and shape and inadequate size for proper usefulness and development that are in multiple ownership." This condition of blight is also present in the Project Area. The ownership pattern 0 land in the Project Area is exceedingly diverse and such small ownership pattern indicates that 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 \8 19 20 21 22 23 24 25 26 27 28 -8- P:\Agendas\Resolutions\R.c:solutiollll\2004\04.07.19 CCN Blight ~coc Reso.doe o o o 2 land assembly by private property owners has not occurred. It is likely that given all the other burdens affecting the Project Area, and the comparative ease of commercial businesses and buyers of property to select other less chaIlenged and newer areas of the community for investment, that the assembly of smaIl parcels into larger parcels of developable land in the Project Area is not reasonably likely to occur without redevelopment assistance in one form or another. 3 4 5 6 In view of the information set forth in the Section 33352 Report the Commission hereby finds that the condition of blight described in CRL Section 3303 I (a)(4) is present in the Project Area and is a prevalent and substantial condition which causes a reduction and lack of utilization of the Project Area and substantiaIly contributes to a serious physical and economic burden on the community which cannot reasonably be expected to be reversed or aIleviated by private enterprise or government action, or both without redevelopment. CRL Section 33031(b)(I): "Depreciated or stagnant property values or impaired investments, including, but not necessarily limited to, those properties containing hazardous wastes that require the use of agency authority as specified in Article 12.5 (commencing with Section 33459)." This symptom of blight is present in the Project Area. Despite recent news reports and general views about rising real estate investment values in the Inland Empire and in San Bernardino in particular, the Project Area appears to be an area of the community which has not benefited from these generaIly favorable economic conditions in recent years. In point of fact, since 1988 a serious and sustained series of negative economic factors have produced an almost "perfect storm" of adverse economic conditions in the Project Area. The economic down-t~ of the late 1980's and early '90s, coupled with the closing of the nearby Santa Fe railway locomotive repair shop facility and the closing of nearby Norton Air Force Base have resulted in a major exodus of commercial business activity from the Project Area since 1973. VirtuaIly all of the new development, construction and business activity which has occurred in the Project Area since 1973, has been directly assisted by the Agency in one form or another [Section 33352 Report B-2]. In light of the large number of vacant parcels of land available in the Project Area, this fact is particularly significant and indicative of this adverse economic condition of blight. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -9- P:\A.gmdas\ResolulioR!l\ResolutiomIJ.004'-D4-07-19 CCN Blight AnaIysi1: CDC Rcso.doc o o o 2 The Section 33352 Report provides a good summary of the available evidence of the existence of stagnant and depreciated property values in the Project Area in comparison to the rest of the City in recent years which serve to illustrate this problem: "Table B-2 Central City North Redevelopment Project Area Historical Assessed Valuation Central City North City of San Bernardino 3 4 5 6 7 Assessed Value % Change Assessed Value % Change 1998/99 $95,146,072 -0.50% $3,856,207,176 0.86% 1999/00 $94,668,234 -8.11% $3,889,385,316 1.15% 2000/0 I $86,987,904 12.07% $3,933,968,675 2.21% 2001/02 $97,487,748 -0.69% $4,021,058,224 2.75% 2002/03 $96,818,278 $4, I3I ,626,923 Average IncN ear 0.69% 1.74% Increase from 98/99 to 02/03 1.76% 7.14%" 8 9 10 11 12 13 This information reveals a very bleak story and presents substantial evidence of the existence of depreciated or stagnant property value in the Project Area. The increase in assessed property value in the City, as compared to the Project Area, has increased over four (4) times faster than the weak rate of increase of assessed value in the Project Area. In view of the information set forth in the Section 33352 Report the Commission hereby finds that the condition of blight described in CRL Section 33031(b)(l) is present in the Project Area and is a prevalent and substantial condition which causes a reduction and lack of utilization of the Project Area and substantially contributes to a serious physical and economic burden on the community which cannot reasonably be expected to be reversed or alleviated by private enterprise or government action, or both without redevelopment. CRL Section 33031(b)(2): "Abnormally high business vacancies, abnormally low lease rates, high turnover rates, abandoned buildings, or excessive vacant lots within an area developed for urban use and served by utilities." This symptom of blight is present in the Project Area. The photographs and the Section 33352 Report portray a number of vacant commercial use structures in the Project Area. The number of vacant and under utilized commercial buildings is quite noticeable to the casual observer. In addition, the unusually high percentage of vacant parcels in the Project Area provides evidence that this condition of blight exists. The level of commercial-related business 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -10- P:\A~\Resolutions\ResolulioosllOO4\04-01.19 CCN 86gb1 Ana!y$isCDC Reso.doe o o o ... 2 activity in the Project Area has been essentially stagnant for the last five (5) years for which data is available. This compares very unfavorably with the rest of the City. In fact, the total number of business licenses issued by the City to businesses in the Project Area declined in 2002 from prior years. [Section 33352 Report 8-20 and 8-21]. In view of the information set forth in the Section 33352 Report the Commission hereby finds that the condition of blight described in CRL Section 3303 I (b)(2) is present in the Project Area and is a prevalent and substantial condition which causes a reduction and lack of utilization of the Project Area and substantially contributes to a serious physical and economic burden on the community which cannot reasonably be expected to be reversed or alleviated by private enterprise or government action, or both without redevelopment. CRL Section 33031(b)(S): "A high crime rate that constitutes a serious threat to the public safety and welfare." This symptom of blight is present in the Project Area. [Section 33352 Report 8-17 and 8-18.] The incident of every category of major crime is higher in the Project Area than elsewhere in the City. For the last three (3) years the rate of crime per 1,000 residents is nearly ten (10) times higher in the Project Area than in the rest of the City. This is a very serious symptom of blight. In view of the information set forth in the Section 33352 Report the Commission hereby finds that the condition of blight described in CRL Section 3303 I (b )(5) is present in the Project Area and is a prevalent and substantial condition which causes a reduction and lack of utilization of the Project Area and substantially contributes to a serious physical and economic burden on the community which cannot reasonably be expected to be reversed or alleviated by private enterprise or government action, or both without redevelopment. (b) In view of the information set forth in the Section 33352 Report the Commission hereby finds that the conditions of blight described in CRL Section 33031 are present in the Project Area and that these conditions are prevalent and substantial conditions which cause a reduction and lack of utilization of the Project Area and substantially contribute to a serious physical and economic burden on the community which cannot reasonably be expected to be reversed or alleviated by private enterprise or government action, or both without redevelopment. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -1I- P;\Agcndas\Resolulions\Resolulions\2004\04.(17-19 CCN Blight Analysis CDC Reso.doc o o o 2 (c) The Commission hereby further finds that the 2004 Amended and Restated Redevelopment Plan shall assist the Agency to correct and eliminate the spread of blight in the Project Area by means of assisting owner participants and third party developers 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. Section 5. The Commission hereby acknowledges its receipt and approval of the 33352 Report. The Commission hereby requests the Common Council to consider and approve the 33352 Report in the form as submitted at the joint public hearing for the adoption of the 2004 Amended and Restated Redevelopment Plan. Section 6. The Commission hereby approves and adopts the 2004 Amended and Restated Redevelopment Plan, a copy of which is on file with the Agency Secretary, and which 2004 Amended and Restated Redevelopment Plan is incorporated herein by this reference, and the Commission designates the Redevelopment Plan, as amended by the 2004 Amended and Restated Redevelopment'Plan (hereinafter, the "Amended Redevelopment Plan") as the official redevelopment plan for the Central City North Redevelopment Project, subject to the adoption of an appropriate Ordinance of the Common Council which approves and adopts the 2004 Amended and Restated Redevelopment Plan and the Amended Redevelopment Plan. Section 7. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Resolution, is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. The Commission hereby declares that it would have adopted this Resolution and each, section subdivision, sentence, clause, phrase, or portion of this Resolution, irrespective of the fact that one or more sections, subdivisions, sentences, clauses, phrases, or portions of this Resolution be declared invalid for any reason. Section 8. This Resolution shall take effect upon adoption. The Agency Secretary shall certify the adoption of this Resolution. 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -12- P:\Agendu\Rcsolutiol1$\R50lutions\2004\04..()7-19 CCN BUghl Analysis CDC Reso.OOc 5 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO MAKING FINDINGS REGARDING CONDITIONS OF BLIGHT IN THE REDEVELOPMENT PROJECT AREA OF THE CENTRAL CITY NORTH REDEVELOPMENT PROJECT, APPROVING THE SECTION 33352 REPORT TO THE MAYOR AND COMMON COUNCIL ON THE 2004 EMINENT DOMAIN AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE CENTRAL CITY NORTH REDEVELOPMENT PROJECT AND APPROVING THE 2004 EMINENT DOMAIN AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE CENTRAL CITY NORTH REDEVELOPMENT PROJECT o 2 3 4 6 7 8 9 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the 10 Community Devel()pment Commission of the City of San Bernardino at a meeting 11 thereof, held on the day of , 2004, by the following vote, to wit: AYES NAYS ABSTAIN ABSENT 12 Commission Members 13 ESTRADA 14 LONGVILLE o 15 MCGINNIS 16 DERRY 17 KELLEY 18 JOHNSON 19 MC CAMMACK 20 21 Secretary 22 The foregoing resolution is hereby approved this day of ,2004. 23 24 25 Judith Valles, Chairperson Community Development Commission of the City of San Bernardino 26 Approved as to Form and Legal Content: o 27 28 By: Agency Counsel -13- P;\Agmdas\Resohltions\Rcsolutions\J004'D4.fJ7-19 cx:N Blight Analysis CDC Reso.doc o 0 13 14 15 16 17 18 19 20 21 22 23 24 0 25 - 1 ORDINANCE NO. 2 3 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ADOPTING THE 2004 AMENDED AND RESTATED REDEVELOPMENT PLAN FOR THE CENTRAL CITY NORTH REDEVELOPMENT PROJECT 4 5 6 WHEREAS, the City of San Bernardino ("City") is a charter city and municipal 7 corporation organized and existing under the Constitution and laws of the State of California; 8 and 9 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 (the "CRL"). The CRL is found at Health and Safety Code Section 33000 10 II 12 et seq.; 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 of the City ("Common Council"), by adoption of Ordinance No. 3366 on August 6, 1973, approved and adopted the Redevelopment Plan for the Central City North Redevelopment Project; and WHEREAS, the Common Council has subsequently adopted amendments to the Redevelopment Plan for the Central City North Redevelopment Project as follows: (i) Common Council Ordinance No. MC-561 on December 8, 1986; (ii) Common Council Ordinance No. MC-719 on April 2, 1990; (iii) Common Council Ordinance No. MC-nO on December 19, 1994; and (iv) Common Council Ordinance No. MC-1154. WHEREAS, the Common Council has initiated proceedings for the adoption of a further amendment to the Redevelopment Plan to reinstate the Agency's power to acquire land in the redevelopment project area of the Central City North Redevelopment Project (the "Project -1- P:\AII.ndu\Rf'tOlutlonl\Resollllwas\1004\O.t-01.19 CCN PII Ordb..II<<.doc 0 2 3 4 5 6 7 8 9 10 11 12 0 13 14 15 16 o 25 Area") by eminent domain and to make certain other technical amendments to the Redevelopment Plan, including the rescission of the special development regulations contained in the Redevelopment Plan affecting lands in the Project Area so that all new development in the Project Area must conform to the applicable provisions of the City's current General Plan and current zoning and development regulations, and updating certain other provisions of the Redevelopment Plan as relating to the relocation of persons and businesses who may be displaced from the Project Area and updating the provisions relating to affordable housing in accordance with current provisions of the CRL; and WHEREAS, the Common Council and the Community Development Commission of the City of San Bernardino (the "Commission"), which serves as the governing board of the Agency, have called upon the owners of property, residents, business operators and . neighborhood organizations in the Project Area to form a Project Area Committee for the ,. purpose of having consultations concerning the proposed reinstatement of the Agency's power of eminent domain and the other technical amendments and restatements of the Redevelopment Plan (the "2004 Amended and Restated Redevelopment Plan") and the potential of the Agency's exercise of the reinstated power of eminent domain to displace low- and moderate- income residents through the exercise of eminent domain on residential properties within the 17 Project Area; and 18 WHEREAS, the 2004 Amended and Restated Redevelopment Plan does not propose to modifY the boundaries of the Project Area or change any of the financial provisions of the Redevelopment Plan. The 2004 Amended and Restated Redevelopment Plan is focused solely 19 20 21 on: (i) the reinstatement of the Agency's eminent domain authority with respect to all property in the Project Area to a new date of August 6, 2013 following the adoption of the ordinance of the Common Council adopting the 2004 Amended and Restated Redevelopment Plan; (ii) the 22 23 24 rescission of the special land development regulations contained in the Redevelopment Plan affecting lands in the Project Area so that all new development in the Project Area must -2- P:\Agendu\Raol..t1ou\Resolllllons\2004\fI4....07.19 CCN PH OnllnaAce.doc 0 2 3 4 5 6 7 8 9 10 11 12 0 13 14 15 16 17 18 19 20 21 22 23 24 0 25 conform to the applicable provisions of the current City General Plan and current zoning and development regulations; and (iii) updating certain other provisions of the Redevelopment Plan as relate to the relocation of persons and businesses who may be displaced from the Project Area and updating certain provisions of the Redevelopment Plan relating to affordable housing in accordance with current provisions of the CRL; and WHEREAS, the Common Council consented to hold a joint public hearing with the Commission with respect to the 2004 Amended and Restated Redevelopment Plan, at which public hearing any and all persons having any objection to the 2004 Amended and Restated Redevelopment Plan or the Final Program Environmental Impact Report described below, or the regularity of any prior proceedings concerning the 2004 Amended and Restated Redevelopment Plan, would be allowed to appear before the Commission and the Common Council and show cause why the 2004 Amended and Restated Redevelopment Plan should not be adopted; and WHEREAS, the joint public hearing of the Commission and the Common Council was duly held on July 19, 2004 regarding the certification of the Final Program Environmental Impact Report and the 2004 Amended and Restated Redevelopment Plan; and WHEREAS, a Final Program Environmental Impact Report has been prepared in connection with the consideration and approval of the 2004 Amended and Restated Redevelopment Plan, and the Common Council has adopted its resolution entitled: "RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS, CERTIFYING A FINAL PROGRAM ENVIRONMENTAL IMPACT REPORT, ADOPTING THE MITIGATION MONITORING PLAN FOR THE REINSTATEMENT OF EMINENT DOMAIN POWERS IN THE REDEVELOPMENT PROJECT AREAS OF THE UPTOWN REDEVELOPMENT PROJECT AREA AND THE CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA, AND OTHER ENTITLEMENT ACTIONS, APPROVING CERTIFYING A TRANSPORTATION TRAFFIC IMPACT ANALYSIS REPORT, AND ADOPTING GENERAL PLAN AMENDMENT NO. 04-02"; and WHEREAS, the Commission has adopted its resolution entitled: -3- P:\Agelld.,\ResolutloD.\RelolutIQ..u004\G4-07-19 CCN PH OnliDanc:e.doc: o 10 II 12 0 13 14 15 16 17 18 19 20 21 22 23 24 0 25 2 "RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO MAKING FINDINGS REGARDING CONDITIONS OF BLIGHT IN THE REDEVELOPMENT PROJECT AREA OF THE CENTRAL CITY NORTH REDEVELOPMENT PROJECT, APPROVING THE SECTION 33352 REPORT TO THE MAYOR AND COMMON COUNCIL ON THE 2004 AMENDED AND RESTATED EMINENT DOMAIN AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE CENTRAL CITY NORTH REDEVELOPMENT PROJECT AND APPROVING THE 2004 AMENDED AND RESTATED EMINENT DOMAIN AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE CENTRAL CITY NORTH REDEVELOPMENT PROJECT"; and 3 4 5 6 7 WHEREAS, all legal prerequisites to the passage of this Ordinance have occurred and 8 been taken in accordance with applicable law. 9 NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: Section I. The facts set forth in the Recitals of this Ordinance are true and correc and are hereby made part of the findings and delerminations of the Common Council as relate t the approval of the 2004 Amended and Restated Redevelopment Plan. Section 2. Conditions of blight still affect the Project Area. At the present time, th Agency may acquire land in the Project Area by purchase and other negotiated means, but th Agency's power to acquire land necessary for specific redevelopment project activities lapsed i 1998. In general, the purpose and intent of the Redevelopment Plan is not changed by the 200 Amended and Restated Redevelopment Plan. The purpose and intent of the Common Counci with respect to the 2004 Amended and Restated Redevelopment Plan is to eliminate and preven the spread of blight in the Project Area. The reinstatement of the Agency's eminent domai authority with respect to all property in the Project Area until August 6, 2013 following th adoption of this Ordinance is necessary and appropriate to achieve this purpose and intent. Th 2004 Amended and Restated Redevelopment Plan shall assist the Agency to achieve this goal 0 promoting the redevelopment of the Project Area and the general welfare of the inhabitants 0 the City, by enabling the Agency to assemble parcels which are necessary to support specifi -4- P:\A&~ndai\R_lulloDi\Raolullon5\200.4\04-07-1' CCN PH Ordtnan<<.doc 20 follows: 21 22 23 24 0 25 o 8 9 10 II 12 0 13 14 15 16 17 18 19 I 2 3 4 5 6 7 redevelopment activities to prevent and eliminate the spread of blight in the Project Area. Ap from the reinstatement of the power of eminent domain, the rescission of certain specia development regulations in the Redevelopment Plan applicable to land in the Project Area and i the updating of certain other provisions of the Redevelopment Plan relating to relocation an affordable housing in accordance with current provisions of the CRL, the 2004 Amended an Restated Redevelopment Plan does not add territory to the Project Area or make any othe revision to the Redevelopment Plan. Section 3. (a) The Common Council hereby acknowledges its receipt written report, dated July 2004, on the 2004 Amended and Restated Redevelopment Plan whic has been prepared pursuant to CRL Section 33352 (the "Section 33352 Report"). As set forth i CRL Section 33457.1, the Section 33352 Report contains the information relating to the 200 Amended and Restated Redevelopment Plan to the extent warranted by the propose reinstatement of the power of eminent domain in the Project Area. The following subsections 0 the Section 33352 Report for the 2004 Amended and Restated Redevelopment Plan do no require further discussions or consideration as the proposed reinstatement of the Agency' redevelopment powers does not change the content or analysis of the matters covered under sue subsections of the report which was prepared and considered by the Common Council unde Section 33352 at the time when the Redevelopment Plan was originally adopted in 1973. Th subsections of the Section 33352 Report relating to the 2004 Amended and Restate Redevelopment Plan where substantive analysis is not required at this time are identified Section 33352(c) Section 33352( d) the Five Year Implementation Plan; why the elimination of blight cannot be accomplished by private party action alone; method of financing; the relocation plan; Section 33352(e) Section 33352(f) -5- P:\Agendu\ResoI1l1lolu\ResolurlonIU004\04-07-19 CCN PH Ordlllflllte.doc: o 013 14 o 25 2 Section 33352(g) Section 33352(h) analysis ofthe preliminary plan; report and recommendation of the Planning 3 Commission; 4 Section 33352(1) Section 33352(n) summary of Agency consultations with affected report of the County fiscal officer; and 5 6 taxing agencies. 7 The reinstatement of the Agency's power of eminent domain does not require furthe analysis at this time under any of the foregoing subsections. The Common Council further acknowledges its receipt of the other written reports 8 9 10 exhibits and information presented by City and Agency staff and consultants at the joint publi II hearing which was conducted prior to the adoption of this Ordinance, together with all writte and oral testimony and statements presented by interested persons prior to the close of such join t2 public hearing. (b) The Common Council hereby finds and determines that the joint public hearin conducted with respect to the 2004 Amended and Restated Redevelopment Plan was full an IS fair. 16 Section 4. The Common Council hereby finds and determines that: 17 The Common Council has previously found and determined in Ordinance No a. 18 3366, that the Project Area is a blighted area, the redevelopment of which is necessary t effectuate the public purposes declared in the CRL. For the reasons set forth in the Sectio 19 20 33352 Report, the Common Council hereby further finds and determines in connection with it 21 consideration of the 2004 Amended and Restated Redevelopment Plan, that such findings an determinations originally set forth in Ordinance No. 3366 continue to be valid. Conditions 0 22 23 blight in the Project Area as originally observed at the time of adoption of the Redevelopmen Plan remain in existence, which blighting conditions as observed in 2004 include depreciate and/or stagnant property values or impaired investments (33352 Report pages [8-3 to 8-4] deteriorated and dilapidated buildings (33352 Report pages [8-4 to 8-12]), substandard desig 24 -6- P:\Acendu\RuolullollS\ReIOlutiool\2004\04-07.1' CCN PH Ordln.nee-doc o I 0 25 that prevents or substantially hinders economically viable use or capacity of the buildings or 10 3 2 (33352 Report pages [B-13 to B-15]) mixed and incompatible commercial, industrial an 4 residential uses (33352 Report pages [B-12 to B-13]), lots of irregular form and size creating hindrance to future development (33352 Report pages [B-13 to B-14]), prevalence of absente 5 owners having detrimental effects on building conditions and their maintenance (33352 Repo 6 page [8-1,4]), prevalence of building and zoning code violations (33352 Report pages [B- 1 5 t B-17]), high levels of serious criminal offenses in the Project Area (33352 Report pages [8- 18 t 8-20]), .md economic factors constituting blight including unusually high renter ratios, a 10 7 8 9 median income, abnormally high business vacancies, declining sales tax revenues and declinin 10 statistics regarding the numbers of retail and rental sales licenses issued (33352 Report page [8-21 to B24]). In 2004 the Project Area displays symptoms of both "physical and economi blight" as these terms are defined in CRL Section 33031. 11 12 15 the public peace, health, safety, and welfare. c. The adoption and carrying out of the 2004 Amended and Restated Redevelopmen 16 Plan remains economically sound and feasible for the same reasons as indicated at the time whe 17 the Redevelopment Plan was adopted. 18 d. The 2004 Amended and Restated Redevelopment Plan will not change th 19 original findings of the Common Council that the Redevelopment Plan is consistent with an 20 conforms to the General Plan of the City including, but not limited to, the Housing Element 0 21 the General Plan, and the 2004 Amended and Restated Redevelopment Plan rescinds the specia land development standards contained in the Redevelopment Plan in order to clarifY that all ne 22 23 development in the Project Area must conform to the current City General Plan and current Ci 24 zoning and development standards. III -7- P:\AcendllS\RtsllludoDI\ReaolutionJ\2004\04-07.19 CCN PH Ordlun<<.doc o 2 e. The adoption and carrying out of the 2004 Amended and Restated Redevelopmen Plan will promote the public peace, health, safety, and welfare of the City and would effectuat 3 the purposes and policies of the CRL and in particular will assist the Agency to elimination an 4 prevent the spread of blight on lands which the Agency may not otherwise be able to acquire b 5 negotiated purchase or cause to be abated by other means. 6 f. The power to acquire real property by condemnation upon the reinstatement of th 7 Agency's power of eminent domain, as provided for in the 2004 Amended and Restate Redevelopment Plan, is necessary to the execution of the Redevelopment Plan, and adequat provisions have been made for payment for property to be acquired, if any, as provided by law. 8 9 10 g. The Agency has adopted the relocation rules and regulations of the State 0 California and therefore has a feasible method for the relocation of families and person 11 12 displaced from the Project Area, if the implementation of the 2004 Amended and Restate Redevelopment Plan should result in the temporary or permanent displacement of any occupant 013 of housing facilities in the Project Area. 14 o 25 15 h. The Common Council hereby finds and declares that in the event that any perso is displaced from the Project Area as the result of the Agency's acquisition of property, whethe by exercise of the power of eminent domain or otherwise, that there shall be provided in th 16 17 Project Area or in other areas not generally less desirable in regard to public utilities and publi and commercial facilities and at rents or prices within the financial means of such persons an families displaced from the Project Area, decent, safe and sanitary dwellings equal in number t t8 19 20 the number of and availability to the displaced families and persons and reasonably accessible t their places of employment. 21 22 I. The Common Council hereby finds and declares that in the event the Agency ma 23 acquire any property in the Project Area by exercise of the power of eminent domain 0 otherwise, that the families and persons who reside on such property shall not be displaced b 24 the Agency prior to the adoption of a relocation plan pursuant to CRL Sections 33411 an .8. P:\Agfllda,\R80lulk)DMesoluOOhIUOO4\04-07-19 CCN PH OrdIDaD(e.dlK o 4 5 6 7 8 9 10 11 12 0 13 14 15 16 17 18 19 20 21 22 23 24 0 25 33411.1. Dwelling units housing persons and families of low or moderate income shall not b 2 removed or destroyed prior to the adoption of a replacement housing plan pursuant to C 3 Sections 33334.5, 33341 and 33413.5. J. The elimination of blight and the redevelopment of the Project Area in th absence of the 2004 Amended and Restated Redevelopment Plan is not reasonably expected t be accomplished by private enterprise acting above without the aid and assistance available t the Agency under the 2004 Amended and Restated Redevelopment Plan in light of the fact tha blight continues to exist in the Project Area on a broad and substantial scale, and private prope owners acting alone often cannot address conditions of blight on land which they own or c acquire without Agency assistance because such land, standing alone, is too small in size, to irregular in shape, too obsolete in present use or configuration or is too adversely affected b other blighting conditions which impair its value and limit investment of new capital and preven its econorJic reuse and redevelopment, all as demonstrated in the Section 33352 Report. k. The time limitation on commencement of eminent domain proceedings containe in the 2004 Amended and Restated Redevelopment Plan, is reasonably related to projects to b implemented in the Project Area and to the ability of the Agency to eliminate blight within th Project Area. The 2004 Amended and Restated Redevelopment Plan does not amend or affec any financial provisions or financial provision or other time limitations or amend or affect th limitation on the number of dollars to be allocated to the Agency that are contained in th Redevelopment Plan. Section 5. The Common Council hereby overrules each and every written and ora objection to the adoption of the 2004 Amended and Restated Redevelopment Plan, as submitte to the Common Council prior to the close of the joint public hearing which preceding th adoption of this Ordinance. The Common Council hereby finds and determines that in calendar year 2004, the Projec Area is a predominantly urbanized area and displays a combination of conditions set forth i -9- P:\ACtndal\Resolutloos\ResoludonIUOO4\04-07-19 CCN PH Ordlnanu..doe o - CRL Section 33031, and the Section 33352 Report, which remain and are today so prevalent an 2 so substantial that they cause a reduction of, and lack of, property utilization of the lands in th 3 Project Area to such an extent that such conditions constitute a serious physical and economi 4 burden on the community which cannot reasonably be expected to be reversed or alleviated b 5 private enterprises or government action, or both, without redevelopment. 6 Section 6. The Common Council hereby approves and adopts the Amended an 7 Restated Redevelopment Plan in the form attached to this Ordinance as Exhibit "A" an 8 incorporated herein by this reference. 9 Section 7. The Common Council designates the text of the 2004 Amended an 10 Restated Redevelopment Plan as referenced in Section 6 and as set forth in Exhibit "A" of thi 11 Ordinance (hereinafter, the "Amended Plan"), as the official redevelopment plan for the Centra 12 City North Redevelopment Project. Section 8. The Common Council hereby authorizes and provides for the City' 013 expenditure of money to implement the Amended Plan. 14 o 25 Section 9. The Agency is hereby vested with the responsibility for carrying out th 15 16 Amended Plan in accordance with the provisions thereof and of applicable law. Section 10. The Common Council hereby declares its intention to undertake an 17 complete any proceedings. necessary to be carried out by the City under the provisions of th Amended Plan. 18 19 Section 11. The City Clerk shall comply with the applicable procedures of the C 20 with respect to the adoption of this Ordinance, including the transmission of a copy of thi Ordinance to other public entities and the recordation of this Ordinance, or the recordation of 21 22 Notice of Amended Plan as authorized by the CRL. 23 Section 12. If any section, subsection, subdivision, sentence, clause, phrase, or portio 24 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 -10- P:\A<<eadas\ReS<.llullocu\ResolutJoDsIlOO4I,(l4-4)7.I' CCN PII Ordlllaau..dM o portions of this Ordinance. The Common Council hereby declares that it would have adopte 2 this Ordinance and each, section subdivision, sentence, clause, phrase, or portion of thi 3 Ordinance, irrespective of the fact that one or more sections, subdivisions, sentences, clauses 4 phrases, or portions of this Ordinance be declared invalid or unconstitutional. 5 Section 13. The City Clerk shall certifY to the passage of this Ordinance and shal 6 cause the same to be published in a newspaper of general circulation as required by law. 7 /II 8 /II 9 /II /II 10 1/1 11 1/1 12 /II 0 13 /II 14 /II 15 1/1 16 /II 17 /II 18 /II 19 /II 20 /II 21 /II 22 /II 23 /II 24 /II I 0 25 /II -11- P:\Acend.,\ReaolatlOIlll\ResolutioDI\2004\04-07-19 CCN PH Orella.llce-doc: 0 2 3 4 5 6 7 8 9 10 11 12 0 13 14 ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ADOPTING THE 2004 EMINENT DOMAIN AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE UPTOWN REDEVELOPMENT PROJECT I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the day of , 2004, by the following vote to wit: Council Members: Aves Navs Abstain Absent ESTRADA LONGVILLE MCGINNIS DERRY KELLEY JOHNSON MC CAMMACK Rachel G. Clark, City Clerk 15 I The foregoing ordinance is hereby approved this day of ,2004. 16 17 18 Judith Valles, Mayor City of San Bernardino 19 Approved as to form and Legal Content: 20 By: City Attorney 21 22 23 24 0 25 -12- P:\Agtndu\ResolullonAAnolutklns\2004\04-07-19 Vptow. PH Onllnanu..doc <::i o Exhibit "A" o ~ o o o o AMENDED AND RESTATED REDEVELOPMENT PLAN FOR THE CENTRAL CITY NORTH REDEVELOPMENT PROJECT SECTION A. (1) This is the Amended and Restated Redevelopment Plan for the Central City North Redevelopment Project (the "Plan"). The redevelopment project area for the Central City Redevelopment Project (the "Project Area") is located in the City of San Bernardino, County of San Bernardino, State of California. The Plan consists of the text of Section A through Section J and the following exhibits: Exhibit "A" Map of Project Area; Exhibit "B" Legal Description of Project Area; Exhibit "c" Statement of existing projects, programs and activities and existing obligations pursuant to Health and Safety Code Section 33334.6, including a copy of Commission Resolution No. 4830, dated December 23, 1985. A prior version of the Plan was originally adopted by Common Council Ordinance No. 3366, dated August 6, 1973. The Plan has been amended by the following ordinances of the Common Council: (i) Ordinance No. MC-561, dated December 8, 1986; (ii) Ordinance No. MC-719, dated April 2, 1990; (iii) Ordinance No. MC-nO, dated December 19,1994; (iv) Ordinance No. MC-1154, dated December I, 2003; and (v) Ordinance No. MC-_, dated ,2004; No amendment to the Plan has add,ed lands to the Project Area originally established under Common Council Ordinance No. 3366. The amendments to the Plan referenced under (i) and (ii) in the preceding paragraph were technical amendments mandated by State Law to add certain provisions or limitations of Agency powers under the Plan. The amendment to the Plan referenced under (iii) in the preceding paragraph adjusted the limit to the total amount of tax increment revenues to be allocated to the Agency under the Plan. The amendment to the Plan referenced under (iv) in the preceding paragraph authorize the Agency to incur indebtedness through the termination date of the Plan (e.g., August 6, 2013). The amendment to the Plan referenced under (v) in the preceding paragraph: (A) reinstated the eminent domain power of the Agency in the Project Area 4822-7013-6576.! 1 o o o through the termination date of the Plan (e.g., August 6, 2013); (B) deleted certain provisions of the Plan as originally adopted by Common Council Ordinance No. 3366 dealing with special development project design standards applicable solely within the Project Area, so that the land use, land development and building reuse and rehabilitation standards and regulations of the City shall be applicable to the Project Area without regard to the special development project design standards set forth in the Plan as originally adopted by Common Council Ordinance No. 3366; and (C) conformed the provisions of the Plan as originally adopted by Common Council Ordinance No. 3366 relating to replacement housing and housing opportunities for persons and households of low-and moderate-income, to the California Community Redevelopment Law in effect at the time of such amendment. This Plan has been prepared by the Community Development Commission of the City of San Bernardino ("Commission") pursuant to Health and Safety Code Section 33000, et seQ. (the "Redevelopment Law") and all applicable laws and ordinances. It does not present a specific plan for the redevelopment, rehabilitation and revitalization of any area within the Project Area. Instead the Plan establishes a process and framework within which specific redevelopment improvement activities will be presented, priorities for specific activities will be established, and specific solutions will be proposed and by which tools are provided to the Commission to fashion, develop and proceed with such specific activities, projects and solutions. (2) The following definitions will be used generally in the context of this Plan unless otherwise specified herein: . "Agency" means and refers to the Redevelopment Agency of the City of San Bernardino. . "Commission" means the Community Development Commission of the City of San Bernardino. The Commission is the governing board of the Agency. . "City" means the City of San Bernardino, California. . "Common Council" means the Common Council of the City, the legislative body of the Agency. . "Disposition and Development Agreement" means an agreement between a developer and the Agency that sets forth terms and conditions for improvement and redevelopment. . "General Plan" means the General Plan of the City as provided for in Section 65300 of the California Government Code. . "Map" means the Map of the Project Area attached hereto as Exhibit "A". 4822-7013-6576.1 2 o o o ~ . "Method of Relocation" means the methods or plans adopted by the Commission pursuant to Section 33411 of the Redevelopment Law for the relocation of families, persons, businesses,. and nonprofit local community institutions to be temporarily or permanently displaced by actions of the Commission. . "Owner Participation Agreement" means an agreement between the Agency and a property owner or tenant that sets forth terms and conditions for improvement and redevelopment. . "Owner Participation Rules" means the Rules Governing Participation and Reentry Preferences by Property Owners, Operators of Businesses, and Business Tenants for the Project Area. . "Person" means an individual(s), or any public or private entities. . "Plan" means the amended Redevelopment Plan for the Central City North Redevelopment Project. The list of amendments to the Plan is set forth in the first paragraph of Section A(l) ofthe Plan. . "Project Area" means the redevelopment project area as more particularly described in City Council Ordinance No. 3366 which originally established the territorial boundaries of the Project Area. The provisions of the Plan are applicable to the Project Area. . "Redevelopment Law" means the California Community Redevelopment Law (Health and Safety Code, Sections 33000, et seq.). . "State" means the State of California. SECTION B. PROJECT AREA BOUNDARIES The boundaries of the Project Area are illustrated on the Map attached hereto and incorporated herein as Exhibit "A". The legal description of the boundaries of the Project Area is as described .in Exhibit "B" attached hereto and incorporated herein. SECTION C. REDEVELOPMENT PLAN GOALS (1) Implementation ofthis Plan is intended to achieve the following goals: (i) Implement the policies, goals, objectives and strategies as presented in the General Plan for the City. (ii) Eliminate and prevent the spread of conditions of blight, including but not limited to: underutilized properties and deteriorating buildings, incompatible and uneconomic land uses, deficient infrastructure and facilities, obsolete structures, 4822-7013-6576.1 3 o o o parking deficiencies and other economic deficiencies, in order to create a more favorable environmental for commercial, office, and residential development. (iii) Provide opportunities for retail and other non-residential commercial and office uses. (iv) Promote the economic development of the Project Area by providing an attractive, well-serviced, well-protected environment for residents and visitors. (v) Improve public facilities and public infrastructure to provide adequate infrastructure facilities and public services. (vi) Promote local job opportunities in tlie community. (vii) Encourage the cooperation and participation of residents, businesses, business persons, public agencies, and community organizations in the economic revitalization of the Project Area. (viii) Implement design and use standards to assure high aesthetic and environmental quality, and provide unity and integrity to developments within the Project Area. (ix) Provide and regulate the provision of the supply of off-street motor vehicle parking to meeting the needs of both residents and commercial businesses. (x) Remove impediments to land disposition and development through the assembly of property into reasonably sized and shaped parcels served by improved infrastructure and public facilities. (xi) Recycle and/or develop underutilized parcels to eliminate blight and accommodate higher and better economic uses while enhancing the City's financial resources. (xii) Increase home ownership in the residential portion of the Project Area. (xiii) Increase, improve, and preserve the supply of housing. SECTION D. REDEVELOPMENT ACTIONS (I) The Agency proposes to eliminate and prevent the recurrence of blight and improve the economic base of the Project Area by: (i) Acquiring, installing, developing, constructing, reconstructing, redesigning, planning, replanning, or reusing streets, curbs, gutters, sidewalks, traffic control devices, utilities, flood control facilities and other public improvements and public facilities; 4822-7013-M76.l 4 o (ii) Rehabilitating, altering, remodeling, improving, modernizing, clearing, or reconstructing buildings, structures and improvements; (iii) Rehabilitating, preserving, developing or constructing affordable housing III compliance with State law; (iv) Providing the opportunity for business owners and business tenants presently located in the Project Area to participate in redevelopment projects affecting commercial use properties and programs, and extending preferences to business occupants to remain or relocate within the redeveloped Project Area; (v) Providing relocation assistance to displaced residential and nonresidential occupants, if necessary; (vi) Facilitating the development or redevelopment of land for purposes and uses consistent with this Plan; (vii) Acquiring real property by purchase, lease, gift, grant, request, devise or any other lawful means (including eminent domain), after the conduct of appropriate hearings; (viii) 0 (ix) (x) (xi) (xii) Combining parcels and properties where and when necessary; Preparing building sites and constructing necessary off-site improvements; Providing assistance for first-time homebuyers, housing rehabilitation, and multiple-family rental property rehabilitation programs; Managing property owned or acquired by the Agency; Assisting in procuring financing for the construction of residential, commercial, and office buildings to increase the residential and commercial base of the Project Area, and the number of temporary and permanent jobs in the City; (xiii) Disposing of property including, without limitation, the lease or sale of land at a value determined by the Agency for reuse in accordance with this Plan; (xiv) Establishing controls, restrictions or covenants running with the land, so that property will continue to be used in accordance with this Plan; (xv) Vacating or abandoning streets, alleys, and other thoroughfares, as necessary, and dedicating other areas for public purposes consistent with the objectives of this Plan; o (xvi) Providing replacement housing, if any is required; 4822.7013-6576.1 5 o o o (xvii) Applying for and utilizing grants, loans and any other assistance from federal or State governments, or other sources; (xviii) Taking actions the Agency determines are necessary and consistent with State, federal and local laws to make structural repairs to buildings or structures, including historical buildings, to meeting building code standards related to seismic safety. (ixx) Taking actions the Agency determines are necessary and consistent with State, federal and local laws to remedy or remove a release of hazardous substances on, under or from property within the Project Area or to remove hazardous waste from property. (xx) From time to time preparing and carrying out plans for the improvement, rehabilitation, and redevelopment of blighted areas, disseminating redevelopment information and creating a variety of economic development programs which will help build a stronger economic base within the Project Area. An Agency program may consist of assisting businesses with the following: advertising in brochures, promoting trade fairs, creating displays, developing videos, and any other appropriate media which will attract other businesses and consumers to the area. The Agency may also assist with job training programs, moving expenses, and providing other incentives to attract industrial type businesses to the area such as tax credits; (xxi) Assisting businesses in the Project Area with fayade improvements and general rehabilitation by providing loans and grants; (xxii) Cooperating with the City to accomplish any of the foregoing goals. To accomplish these actions and to implement this Plan, the Agency is authorized to use the powers provided in this Plan, and the powers now or hereafter permitted by the Redevelopment Law and any other State law. (2) The Agency may acquire real property, any interest in property, and any improvements on it by any means authorized by law including, without limitation, by gift, grant, exchange, purchase, cooperative negotiations, lease, option, bequest, devise or eminent domain. To the extent required by law, the Agency shall not acquire real property on which an existing building is to be continued on its present site and in its present form and use without the consent of the owner, unless: (1) such building requires structural alteration, improvement, modernization or rehabilitation; or (2) the site or lot on which the building is situated requires modification in size, shape or use; or (3) it is necessary to impose upon such property any of the standards, restrictions and controls of this Plan and the owner fails or refuses to participate in the Plan by executing an Owner Participation Agreement. 4822-7013.0576.1 6 o o o Except as otherwise provided herein, or otherwise provided by law, no eminent domain proceeding to acquire property within the Project Area shall be commenced after the termination date of this Plan. (3) Acquisition of Personal Prooertv Where necessary in the implementation of this Plan, the Agency is authorized to acquire personal property in the Project Area by any lawful means. (4) Owner Particioation c This Plan provides for participation in the redevelopment of property in the Project Area by the owners of all or part of such property if the owners agree to participate in the redevelopment in conformity with this Plan. Opportunities to participate in the redevelopment of property in the Project Area may include without limitation the rehabilitation of property or structures; the retention of improvements; the development of all or a portion of the participant's property; the acquisition of adjacent or other properties from the Agency; purchasing or leasing properties in the Project Area; participating with developers in the improvement of all or a portion of a participant's properties; or other suitable means consistent with objectives and proposals of this Plan and with the Agency's rules governing owner participation and re-entry. In addition to opportunities for partIcIpation by individual persons and firms, participation, to the extent it is feasible, shall be available for two or more persons, firms or institutions, to join together in partnerships, corporations, or other joint entities. The Agency desires participation in redevelopment activities by as many owners and business tenants as possible. However, participation opportunities shall necessarily be subject to a number of factors, including but not limited to the expansion of public utilities or facilities; elimination and changing of land uses; realignment of streets; the ability of the Agency and/or owners and business tenants to finance acquisition and development activities in accordance with this Plan; and whether the proposed activities conform to and further the goals and objectives of this Plan. (5) Reentrv Preferences for Persons Engaged in Business in the Proiect Area The Agency shall extend reasonable preferences to persons who are engaged in business in the Project Area to relocate and reenter in business in the redeveloped area, if they otherwise meet the requirements prescribed by this Plan and the Agency's Owner Participation Rules. 4822.7013-6576.1 7 o o o (6) (7) - Owner Participation Agreements Under an Owner Participation Agreement, the participant shall agree to rehabilitate, develop, or use the property in conformance with this Plan and be subject to the provisions hereof. Pursuant to the Owner Participation Agreement, participants who retain real property shall be required to join in the recordation of such documents as are necessary to make the provisions of this Plan applicable to their properties. In the event a participant breaches the terms of an Owner Participation Agreement, the Agency may declare the Agreement terminated and may acquire the real property or any interest therein, and may sell or lease such real property or interest therein for rehabilitation or development in accordance with this Plan. If conflicts develop between the desires of participants for particular sites or land uses, the Agency is authorized to establish. reasonable priorities and preferences among the owners and tenants. Where the Agency determines that a proposal for participation is not feasible, is not in the best interests of the Agency or City, or that redevelopment can best be accomplished without affording a participant an opportunity to execute an Owner Participation Agreement, the Agency shall not be required to execute such an agreement. Implementing Rules The provisions of Section D(4) - (6) of this Plan shall be implemented according to the Owner Participation Rules adopted by the Agency. The Owner Participation Rules allow for Owner Participation Agreements with the Agency. The Owner Participation Rules may be amended from time to time as set forth therein by the Commission. (8) Cooperation with Public Bodies Certain public bodies are authorized by State law to aid and cooperate, with or without consideration, in the planning and implementation of activities authorized by this Plan. The Agency shall seek the aid and cooperation of such public bodies and shall attempt to coordinate the implementation of this Plan with the activities of such public bodies in order to accomplish the purposes of redevelopment and to achieve the highest public good. The Agency is authorized to acquire real property devoted to public use, but property of a public body shall not be acquired without its consent. The Agency shall seek the cooperation of all public bodies, which own or intend to acquire property in the Project Area. All plans for development of property in the Project Area by a public body shall be subject to Agency approval. The Agency is authorized, to the extent permissible by law, to financially (and otherwise) assist public bodies in the cost of public land, buildings, facilities, structures or other improvements (within or outside the Project Area) where such land, buildings, facilities, stmctures, or other improvements are of benefit to the Project Area. 4822.7013-6576.1 8 o o o (9) Property Management During such time as property, if any, in the Project Area is owned by the Agency, such property shall be under the management and control of the Agency. Such properties may be rented or leased by the Agency pending their disposition. (10) Payments to Taxing Agencies (11) (12) (13) The Agency may pay, but is not required to pay, in any year during which it owns property in the Project Area that is tax exempt, directly to any City, County or district, including, but not limited to, a school district, or other public corporation for whose benefit a tax would have been levied upon such property had it not been tax exempt, an amount of money in lieu of taxes that may not exceed the amount of money the public entity would have received if the property had not been tax exempt. Relocation of Persons Displaced by a Proiect In accordance with the provisions of the California Relocation Assistance Law (Government Code Section 7260, et sea.), the guidelines adopted and promulgated by the California Department of Housing and Community Development (the "Relocation Guidelines") and the specific method of relocation adopted by the Agency prior to the acquisition of any land for a project which displaces a significant number of persons, the Agency shall provide relocation benefits and assistance to all persons (including families, business concerns and others) displaced by Agency acquisition of property in the Project Area or as otherwise required by law. In order to carry out a redevelopment project with a minimum of hardship, the Agency will assist displaced households in finding decent, safe and sanitary housing within their financial means and otherwise suitable to their needs. The Agency shall make a reasonable effort to relocate displaced individuals, families, and commercial and professional establishments within the Project Area. The Agency is also authorized to provide relocation for displaced persons outside the Project Area. Demolition and Clearance The Agency is authorized, for property acquired by the Agency or pursuant to an agreement with the owner of property, to demolish, clear or move buildings, structures, or other improvements from any real property as necessary to carry out the purposes of this Plan. Public Improvements To the extent permitted by law, the Agency is authorized to install and construct or to cause to be installed and constructed the public improvements and public utilities (within or outside the Project Area) necessary to carry out the purposes of this Plan. Such public 4822-7013-6576.1 9 o o o (14) improvements include, but are not limited to: over and underpasses; bridges; streets; curbs; gutters; sidewalks; street lights; sewers; storm drains; traffic signals; electrical distribution systems; natural gas distribution systems; cable TV systems; water distribution systems; parks; plazas; playgrounds; motor vehicle parking facilities; pedestrian improvements, or other improvements allowed by Redevelopment Law. All utility improvements will be completed pursuant to Chapters 12.40 and 12.44 of the San Bernardino Municipal Code. The Agency, as it deems necessary to carry out the Plan and subject to the consent of the Common Council, may pay all or part of the value of the land for and the cost of the installation and construction of any building allowed by Redevelopment Law, facility structure or other improvement which is publicly owned either within or outside the Project Area, upon both the Agency and the Common Council making the applicable determinations required pursuant to the Redevelopment Law. When the value of such land or the cost of the installation and construction of such building, facility, structure or other improvement, or both, has been, or will be, paid or provided for initially by the City or other public corporation, the Agency may enter into a contract with the City or other public corporation under which it agrees to reimburse the City or other public corporation for all or part of the value of such land or all or part of the cost of such building, facility, structure or other improvements, or both, by periodic payments over a period of years. Any obligation of the Agency under such contract shall constitute an indebtedness of the Agency for the purposes of carrying out this Plan. Preparation of Building Site The Agency may develop as a building site any real property owned or acquired by it. In connection with such development it may cause, provide, or undertake or make provisions with other agencies for the installation, or construction of streets, utilities, parks, playgrounds and other public improvements necessary for carrying out this Plan in the Project Area. (15) Removal of Hazardous Substances (16) To the extent authorized under the Redevelopment Law, the Agency may take any actions that the Agency determines are necessary and which are consistent with other State and federal laws, to remedy or remove a release of hazardous substances on, under, or from property within the Project Area. For the purposes of this Section D(15) the words "hazardous substance" means and referS to any material or substance defined as a "hazardous substance" under Section 33459(c) of the Redevelopment Law. Rehabilitation and Conservation The Agency is authorized to rehabilitate and conserve, or to cause to be rehabilitated and conserved, any property, building or structure in the Project Area owned by the Agency. The Agency is also authorized to advise, encourage, and assist (through a loan program 48n-7013-{;576.1 10 o o o or otherwise) in the rehabilitation and conservation of property, buildings or structures in the Project Area not owned by the Agency to the extent permitted by the Redevelopment Law. The Agency is authorized to acquire, restore, rehabilitate, move and conserve buildings of historic or architectural significance. It is the purpose of this Plan to al10w for the retention of as many existing businesses as practicable and to enhance the economic life of these businesses by a program of voluntary participation in their conservation and rehabilitation. The Agency is authorized to conduct a program of assistance and enforcement to encourage property owners within the Project Area to upgrade and maintain their property consistent with this Plan and such standards as may be developed for the Project Area. The extent of rehabilitation in the Project Area shal1 be subject to the discretion of the Agency based upon such objective factors as: a. Compatibility of rehabilitation with land uses as provided for in this Plan. b. Economic feasibility of proposed rehabilitation and conservation activity. c. Structural feasibility of proposed rehabilitation and conservation activity. d. The undertaking of rehabilitation and conservation activities in an expeditious manner and in conformance with the requirements ofthis Plan and such property rehabilitation standards as may be adopted by the Agency. e. The need for expansion of public improvements, facilities and utilities. f. The assembly and development of properties in accordance with this Plan. The Agency may adopt property rehabilitation standards for the rehabilitation of properties in the Project Area. (17) Moving of Structures (18) As necessary in carrying out this Plan, the Agency is authorized to move, or to cause to be moved, any building, structures or other improvements from any real property acquired which can be relocated to a location within or outside the Project Area, and rehabilitated. Seismic Reoairs For any project undertaken by the Agency within the Project Area for building rehabilitation or alteration in construction, the Agency may, be fol1owing al1 applicable procedures which are consistent with local, State and federal law, take those actions which the Agency determines are necessary to provide for seismic retrofits. 4822-7013-6576.1 11 o o o (19) Real Propertv Disposition and Development (20) For the purposes of this Plan, the Agency is authorized to sell, lease, exchange, subdivide, transfer, assign, pledge, encumber by mortgage or deed of trust, or otherwise dispose of any interest in real property. To the extent permitted by law, the Agency is authorized to dispose of real property by negotiated sale or lease without public bidding. Except as otherwise permitted by law, before any interest in property of the Agency acquired in whole or in part, directly or indirectly, with tax increment moneys is sold or leased for development pursuant to this Plan, such sale or lease shall be first approved by the Common Council after public hearing. Except as otherwise permitted by law, no real property acquired by the Agency, in whole or in part, directly or indirectly, with tax increment, or any interest therein, shall be sold or leased for development pursuant to the Plan for an amount less than its fair market value, or the fair reuse value at the use and with the covenants, conditions and development costs authorized by the sale or lease. Unless otherwise permitted by law, the real property acquired by the Agency in the Project Area shall be leased or sold, except property conveyed by the Agency to the community or any other public body. Any such lease or sale shall be conditioned on the redevelopment and use of the property in conformity with the Plan. Real Property may . be conveyed by the Agency to the City, and where beneficial to the Project Area, to any other public body with charge or for an amount less than fair market value. All purchasers or lessees of property from the Agency shall be obligated to use the property for the purposes consistent with this Plan, to begin and complete the improvement of such property within a period of time which the Agency fixes as reasonable, and to comply with other conditions which the Agency deems necessary to carry out the purposes of this Plan. During the period of redevelopment in the Project Area, the Agency shall ensure that all provisions of this Plan, and other documents formulated pursuant to this Plan, are being observed, and that development of the Project Area is proceeding in accordance with applicable development documents and time schedules. All development, whether public or. private, must conform to this Plan and all applicable federal, State, and local laws, including without limitation the City's planning and zoning ordinances, building, environmental and other land use development standards. Such development must receive the approval of all appropriate public agencies. Purchase and Development Documents To provide adequate safeguards to ensure that the provisions of this Plan will be carried out and to prevent the recurrence of blight, all real property sold, leased, or conveyed by 4822-7013-6576.1 12 o o o (21) the Agency, as well as all property subject to Owner Participation Agreements, shall be made subject to the provisions of this Plan by leases, deeds, contracts, agreements, declarations ofrestrictions, provisions of the planning and zoning ordinances of the City, conditional use permits, or other means. Where appropriate, as determined by the Agency, such documents or portions thereof shall be recorded in the office of the Recorder of the County. Leases, deeds, contracts, agreements, and declarations of restrictions of the Agency may contain restrictions, covenants, and covenants running with the land, rights of reversion by the owner, or any other provisions necessary to carry out this Plan. The Agency shall reserve such powers and controls in Disposition and Development Agreements or similar agreements as may be necessary to prevent transfer, retention, or use of property for speculative purposes and to ensure that redevelopment is carried out pursuant to this Plan. The Agency shall obligate purchasers and lessees of real property acquired in redevelopment projects and owners of property improved as part of a redevelopment project to refrain from discrimination or segregation based upon race, color, creed, religion, national origin, ancestry, sex, or marital status in the sale, lease, sublease, transfer, use occupancy, tenure or enjoyment of property in the Project Area. All property sold, leased, conveyed, or subject to Disposition and Development Agreements shall be expressly subject by appropriate documents to the restriction that all deeds, leases, or contracts for the sale, lease, sublease or other transfer of land in the Project Area shall contain such nondiscrimination and non-segregation clauses as are required by law. Personal Propertv Disposition For the purposes of this Plan, the Agency is authorized to sell, lease, exchange, subdivide, transfer, assign, pledge, encumber, or otherwise dispose of personal property. (22) Provision for Low and Moderate Income Housing Unless otherwise permitted or required by law, the terms "affordable housing cost", "replacement dwelling unit", "persons and families of low or moderate income", "substantially rehabilitated dwelling units" and "very low income households" as used herein shall have the meanings as now defined by the Redevelopment Law, or may hereafter be amended, and other State and local laws and regulations pertaining thereto. The Agency may, inside or outside the Project Area: acquire real property, buildings sites, buildings or structures, donate real property, improve real property or building sites, construct or rehabilitate buildings or structures, and take any other such actions as may be pennitted by the Redevelopment Law, in order to provide housing for persons and families of low or moderate income. 4822-7013-6576.1 13 o (23) Replacement Housing Except as otherwise permitted by law, whenever dwelling units housing persons and families of low or moderate income are destroyed or removed from the low and moderate income housing market as part of a redevelopment activity in the Project Area, the Agency shall, within four years of such destruction or removal, rehabilitate, develop or construct, or cause to be rehabilitated, developed or constructed, for rental or sale to persons and families of low or moderate income, an equal number of replacement dwelling units which have an equal or greater number of bedrooms as those destroyed or removed units at affordable housing costs within the territorial jurisdiction of the Agency. Except as otherwise permitted by law, seventy-five percent (75%) of the replacement dwelling units shall replace dwelling units available at affordable housing costs in the same income level of very low income households, lower income households, and persons and families of low and moderate income as the persons displaced from those units destroyed. The Agency may replace destroyed or removed dwelling units housing persons and families of low or moderate income with a fewer number of replacement dwelling units if the replacement dwelling units have a greater or equal number of bedrooms and are affordable to the same income level of households as the destroyed or removed units to the extent permissible by law as it now exists or may hereafter be amended. o (24) New or Rehabilitated Dwelling Units Developed Within the Proiect Area Unless otherwise permitted by ldw, at least thirty percent (30%) of all new and substantially rehabilitated dwelling units developed by the Agency shall be available at affordable housing cost to persons and families of low or moderate income, and such dwelling units, not less than fifty percent (50%) of these shall be available to an occupied by very low income households. Unless. otherwise permitted by law, at least fifteen percent (15%) of all new and substantially rehabilitated dwelling units developed within the Project Area by public or private entities or persons other than the Agency shall be available at affordable housing cost to persons and families of low or moderate income and of such fifteen percent (15%), not less than forty percent (40%) shall be available ~t affordable housing cost to very low income households. The percentage requirements set. forth in this Section shall apply independently of the requirements of the preceding section of this Plan pertaining to "Replacement Housing", and in the aggregate to the supply of housing to be made available pursuant to this Section and not to each individual case of rehabilitation, development or construction of dwelling units. o Pursuant to Section 33413(b)(4) of the Redevelopment Law, the Agency shall prepare and adopt a plan to comply with the requirements set forth above, for the Project Area. The Plan shall be consistent with, and may be included within the Housing Element of the City's General Plan. Unless otherwise permitted by law, the plan shall be reviewed and, if necessary, amended at least every five (5) years in conjunction with the housing element cycle. 4822-7013-6576.\ 14 o o o (25) (26) (27) Except as otherwise permitted by law, the Agency shall require, by contract or other appropriate means, that whenever any low and moderate income housing units are developed within the Project Area, such units shall be made available on a priority basis for rent or purchase, whichever the case may be, to persons and families of low or moderate income displaced by the redevelopment activities of the Agency in the Project Area; provided however, that failure to give such priority shall not affect the validity of title to the real property upon which such housing units have been developed. Duration of Dwelling Unit Availabilitv Unless otherwise permitted by law, the Agency shall require the aggregate number of dwelling units rehabilitated, developed or constructed pursuant to Section D(2l) and D(22) of this Plan to remain available at affordable housing cost to very low income, low income, and moderate income households for the longest feasible time, as determined by the Agency, but for not less than the period required by the applicable provisions of the Redevelopment Law. Relocation Housing If insufficient suitable housing units are available in the City for use by persons and families of low or moderate income displaced by the redevelopment activities of the Agency, the Agency may, to the extent of that deficiency, direct or cause the development, rehabilitation or construction of housing units within the City, both inside and outside the Project Area. Increased and Improved Supplv Subject to the provisions of Commission Resolution No. 5237, and the indebtedness of the Agency incurred prior to adoption of Commission Resolution No. 5237, and except as otherwise permitted by law, not less than twenty percent (20%) of all taxes which are allocated to the Agency pursuant to subdivision (b) of Section 33670 of the Redevelopment Law shall be used by the Agency for the purposes of increasing, improving and preserving the City's supply of low and moderate income housing available at affordable housing cost as defined by Section 50052.5 of the California Health and Safety Code, to persons and families of low or moderate income, as defined in Section 50093 of the California Health and Safety Code, and very low income households, as defined in Section 50105 of the California Health and Safety Code, unless one or more applicable findings are made pursuant to the Redevelopment Law. The funds for this purpose shall be held in a separate Low and Moderate Income Housing Fund until used. Any interest earned by such Low and Moderate Income Housing Fund shall accrue to the Housing Fund. 4822-7013-6576.1 15 o o o - In implementing this Section 27 of the Plan, the Agency may exercise any or all of its powers including, but not limited to, the following: 1. Acquire real property or building sites subject to Section 33334.16 of the Redevelopment Law. 2. Improve real property or building sites with on-site or off-site improvements, but only if either (A) the improvements are made as part of a program which results in the new construction or rehabilitation of affordable housing units for low- or moderate-income persons that are directly benefited by the improvements or (B) the agency finds that the improvements are necessary to eliminate a specific condition that jeopardizes the health or safety of existing low- or moderate- income residents. 3. Donate real property to private or public persons or entities. 4. Finance insurance premiums pursuant to Section 33136 of the Redevelopment Law. 5. Construct buildings or structures. 6. Acquire buildings or structures. 7. Rehabilitate buildings or structures. 8. Provide subsidies to, or for the benefit of, very low income households, as defined by Section 50105 of the California Health and Safety Code, lower income households, as defined by Section 50079.5 of the California Health and Safety Code, or persons and families of low or moderate income, as defined by Section 50093 of the California Health and Safety Code, to the extent those households cannot obtain housing at affordable costs on the open market. Housing units available on the open market are those units developed without direct government subsidies. 9. Develop plans, pay principal and interest on bonds, loans, advances, or other indebtedness or pay financing or carrying charges. 10. Maintain the community's supply of mobile homes. 11. Preserve the availability to lower income households of affordable housing units in housing developments which are assisted or subsidized by public entities and which are threatened with imminent conversion to market rates. The Agency may use these low and moderate income funds to meet, in whole or in part, the replacement housing provisions in Section D(23) of this Plan. These funds may be used inside or outside the Project Area; however, these funds may be used outside the 4822-7013-6576.1 16 o o o (28) Project Area only if findings of benefit to the Project Area are made pursuant to the Redevelopment Law. Duration of Affordabilitv Except as provided in Section 33334.3 of the Redevelopment Law, or as otherwise permitted by law, all new or substantially rehabilitated housing units developed or otherwise assisted with moneys from the Low and Moderate Income Housing Fund pursuant to an agreement approved by the Agency shall be required to remain available at affordable housing costs to persons and families oflow or moderate income and very low income households for the longest feasible time, but for not less than the following periods of time: a. Fifty five (55) years for rental units; 1 b. Forty five (45) years for owner-occupied units. However, the Agency may permit sales of owner-occupied units prior to the expiration of the 45- year period for a price in excess of that otherwise permitted under this subdivision pursuant to an adopted program that protects the Agency's investment of moneys from the Low and Moderate Income Housing Fund. SECTION E. USES PERMITTED IN THE PROJECT AREA (i) Map and Uses Permitted Pursuant to Section 33333 of the Redevelopment Law, the map, attached hereto as Exhibit A and incorporated herein, illustrates the location of the Project Area boundaries, the immediately adjacent streets, and existing public rights-of-way. The land uses permitted by this Plan shall be those permitted by the General plan and City zoning ordinances as they now exist or may hereafter by amended. (2) Maior Land Uses (as now provided in the General Plan) Major land uses pennitted within the Project Area shall include: Commercial Office (CO-i), Commercial General (CG-i) Commercial Regional (CR-2), Public Facility (PF) Residential Medium (RM), Residential Medium Heavy (RMH) The areas shown in the map, Exhibit "A", may be used for any of the uses specified for or permitted within such areas by the General plan and zoning ordinances as they exist or are hereafter amended in the future. 4822-7013,(;576.1 i7 o o o (3) (4) Public Street Lavout. Rights-of-Wav and Easements Pursuant to Section 33333(a) of the Redevelopment Law, the public street system for the Project Area is illustrated on the Project Area Map identified as Exhibit A. The street system in the Project Area shall be developed in accordance with the Circulation Element of the General Plan. Primary streets in the Project Area include: Arrowhead Avenue 4th, 5th, 6th, 7th and 8th Streets Court Street . D, E, F G and H Streets Certain streets and rights-of-way may be constructed, widened, altered, abandoned, vacated, or closed by the city as necessary for proper development of the Project Area. Additional easements may be created by the Agency and/or the City in the Project Area as needed for proper development and circulation. The public rights-of-way shall be used for vehicular, bicycle and/or pedestrian traffic as well as for public improvements, public and private utilities, an activities typically found in the public rights-of-way. In addition, all necessary easements for the public uses, public facilities, and public utilities may be retained or created. Other Public and Open Space Uses Both within and, where appropriate, outside of the Project Area, the Agency is authorized to permit, establish, or enlarge public, institutional, non-profit uses, including, but not limited to, schools; community centers; auditorium and civic center facilities; criminal justice facilities; park and recreational facilities; parking facilities; transit facilities; libraries; hospitals; facilities for educational, fraternal, philanthropic and charitable institutions; or other similar associations or organizations allowed by Redevelopment Law. All such uses shall be deemed to conform to the provisions of this Plan provided that such uses conform with all other applicable laws and ordinances and that such uses are approved by the City. The Agency may impose such other reasonable restrictions as are necessary to protect development and uses in the Project Area. Pursuant to Section 33333(a) of the Redevelopment Law, there is currently 68.58 acres which is designated as open space in the Project Area, and as of the date of adoption of the 2004 amendment to this Plan, there are no specific plans for the provision of other open space, or property to the devoted to public purposes in the Project Area. Pursuant to Section 33333(d) of the Redevelopment Law, there is 12.53 acres designated by the General Plan as devoted to public purposes within the Project Area. (5) Conforming Properties The Agency may, in its sole and absolute discretion, determine that the prospective acquisition by the Agency of certain real properties within the Project Area in order to foster the elimination of blight and the implementation of this Plan, is not required at the time of such determination, and the owners of such properties may be permitted to remain, as owners of conforming properties, provided such owners continue to operate, 4822.7013-{;576.1 18 o o o (6) (7) use, maintain the real properties within the requirements of this Plan. An owner of a conforming property may be required by the Agency to enter into an Owner Participation Agreement with the Agency in the event that such owner desires to (I) construct any additional improvements or substantially alter or modifY existing structures on any of the real property described above as conforming; or (2) acquire additional property within the Project Area. General Controls and Limitations All real property in the Project Area is hereby made subject to the controls and requirements of this Plan. No real property shall be developed, redeveloped, rehabilitated, or otherwise changed after the date of the adoption of this Plan except in conformance with the goals and provisions of this Plan and all applicable City codes and ordinances. The type, size, height, number and'use of buildings within the Project Area will be controlled by the applicable City planning and zoning ordinances as they now exist or may hereafter be amended. Number of Dwelling Units The total number of dwelling units in the Project Area shall be regulated by the General Plan. As of the date of adoption of the 2004 amendment to the Plan, there are approximately 808 dwelling units in the Project Area. Pursuant to Section 33333(c) of the Redevelopment Law, portions of the Project Area are designated as residential uses in the General Plan. (8) Open Space and Landscaping The approximate amount of open space to be provided in the Project Area is the total of all areas so designated in the Land Use Element of the General Plan and those areas in the public rights-of-way provided through site coverage limitations on new development as established by the City and this Plan. Landscaping shall be developed in the Project Area to ensure optimum use of living plant material in conformance with the standards of the City. (9) Limitations on Tvoe. Size. Height. Number and Proposed Use of Buildings Pursuant to Section 33333(b) of the Redevelopment Law, the limits on building type, size, height, and number, as well as proposed uses of buildings shall be established in accordance with the provisions of the General Plan and the zoning ordinances, as they now exist or are hereafter amended. Diagram(s) and general descriptions of these limitations are provided in the General Plan and the zoning ordinances. 4822-70 \3-6576.\ 19 o (10) Signs All signs shall conform to the City's requirements. Design of all proposed new signs shall be submitted prior to installation to the appropriate governing bodies of the City and/or the' Agency for review and approval pursuant to the Municipal Code of the City and procedures permitted by this Plan. New signs must contribute to a reduction in sign blight. (11) Utilities The Agency shall require that all utilities be placed underground whenever the Agency determines that such undergrounding is physically possible and economically feasible. (12) Incompatible Uses No use of structure which is by reason of appearance, traffic, parking, smoke, glare, noise, odor, or similar factors incompatible with the surrounding areas, structures, or uses shall be authorized in any part of the Project Area, except as otherwise permitted by the City. (13) Subdivision of Parcels o No parcels in the Project Area shall be consolidated, subdivided or re-subdivided without the approval of the City, and the approval by the Agency of an Owner Participation Agreement with the owner of such parcel, or the express written waiver by the Agency of the requirement to enter into an Owner Participation Agreement for such parcel. (14) Minor Variations The Agency is authorized to permit minor variations from the limits, restrictions and controls established by this Plan. In order to permit any such variation, the Agency must determine all the following: a. The application of certain provisions of this Plan would result in practical difficulties or unnecessary hardships inconsistent with the general purposes and intent of this Plan. b. There are exceptional circumstances or conditions applicable to the property or to the intended development of the property, which do not apply generally to other properties having the same standards, restrictions, and controls. c. Permitting a variation wil1 not be materially detrimental to the public welfare or injurious to property or improvements in the area. o d. Permitting a variation will not be contrary to the objectives of this Plan. 4822-7013-{)576.! 20 o o o (15) (16) - No such variation shall be granted which permits other than a minor departure from the provisions of this Plan. 1n permitting any such variation, the Agency shall impose such conditions as are reasonably necessary to protect the public health, safety, or welfare, and to assure compliance with the purposes of this Plan. Design for Development 1n the case of property, which is the subject of a Disposition and Development Agreement or an Owner Participation Agreement with the Agency, such property shall be developed in accordance with the provisions of such Agreement. One of the objectives of this Plan is to create an attractive and pleasant environment in the Project Area. Therefore, such plans shall give consideration to good design, open space and other amenities to enhance the aesthetic quality of the Project Area. Building Permits Any building permit that is issued for the rehabilitation or construction of any new building or any addition, construction, moving, conversion or alteration to an existing building in the Project Area following the date of the 2004 amendment to the Plan must be in conformance with the provisions of this Plan, and any applicable Owner Participation Agreement or Disposition and Development Agreement. The Agency is authorized to establish permit procedures and approvals required for purposes of this Plan. A Building permit shall be issued only after the applicant for same has been granted all approvals required by the City and the Agency at the time of the application. SECTION F. METHODS FOR FINANCING THE PROJECT (1) Proiect Financing The estimated net cost for the entire project area is approximately $10,280,000 of which approximately $1,924,000 is expected to be provided by the Federal Government since a portion of this project is anticipated to receive Federal participation on a two-thirds Federal and one-third Local basis. Funds to cover the local share will be procured by the Redevelopment Agency under the provisions of the California Community Redevelopment Law, Section 33600 through 33605 and 33640 through 33646, as follows: [From Section 33600 of the Redevelopment Law]: An agency may accept financial or other assistance from any public or private source, for the agency's activities, power, and duties, and expend any funds so received for any of the purposes of this part. 4822-7013-6576.1 21 o o o - [From Section 33601 of the Redevelopment Law]: An agency may borrow money or accept financial or other assistance from the state or federal government or any other public agency for any redevelopment project within its area of operation, and may comply with any conditions of such loan or grant. An agency may borrow money (by the issuance of bonds or otherwise) or accept financial or other assistance from any private lending institution for any redevelopment project for any of the purposes of this part, and may execute trust deeds or mortgages on any real or personal property owned or acquired. [From Section 33602 of the Redevelopment Law]: "Bonds" means any bonds, notes, interim certificates, debentures, or other obligations issued by an agency pursuant to Articles 5 (commencing with Section 33640) of this chapter. [From Section 33603 of the Redevelopment Law]: An agency may invest any money held in reserves or sinking funds, or any money not required for immediate disbursement, in property or securities in which savings banks may legally invest money subject to their control. [From Section 33604 of the Redevelopment Law]: If an agency ceases to function, any surplus funds existing after payment of all its obligations and indebtedness shall vest in the community. [From Section 33605 of the Redevelopment Law]: In connection with the issuance and sale of preliminary loan notes, secured by a requisition agreement with the United States of America, the agency may delegate to one or more of its agents or employees the powers or duties it deems proper. [From Section 33640 of the Redevelopment Law]: From time to time an agency may, subject to the approval of the legislative body, issue bonds for any of its corporate purposes. An agency may also, subject to the approval of the legislative body, issue refunding bonds for the purpose of paying or retiring bonds previously issued by it. [From Section 33641 of the Redevelopment Law]: An agency may issue such types of bonds as it may determine including bonds on which the principal and interest are payable: a. Exclusively from the income and revenues of the redevelopment projects financed with the proceeds of the bonds, or with such proceeds together with financial assistance from the State or Federal Government in aid of the projects. b. Exclusively from the income and revenues of certain designated redevelopment projects whether or not they were financed in whole or in part with the proceeds of the bonds. 4822-7013~576.1 22 o o o c. In whole or in part from taxes allocated to, and paid into a special fund of the agency pursuant to the provisions of Article 6 (commencing with Section 33670) of this chapter. d. In whole or in part from taxes imposed pursuant to Section 7280.5 of the Revenue and Taxation Code which are pledged therefore. e. From its revenues generally. f. From any contributions or other financial assistance from the State or Federal Government. g. By any combination of these methods. [From Section 33642 of the Redevelopment Law]: Any of such bonds may be additionally secured by a pledge of any revenues or by encumbrance by mortgage, deed of trust, or otherwise of any redevelopment project or other property of the agency or by a pledge of the taxes referred to in subdivision (c) of Section 33641, or by any combination thereof. [From Section 33643 of the Redevelopment Law]: Neither the members of any agency nor any persons executing the bonds are liable personally on the bonds by reason of their issuance. [From Section 33644 of the Redevelopment Law]: The bonds and other obligations of any agency are not a debt of the community, the State, or any of its political subdivisions and neither the community, the State, nor any of its political subdivisions is liable on them, nor in the event shall the bonds or obligations be payable out of any funds or properties other than those of the agency; and such bonds and other obligations shall so state on their face. The bonds do not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction. [From Section 33645 of the Redevelopment Law]: The Agency may authorize bonds by resolution. The resolution, trust indenture, or mortgage may provide for: a. The issuance of bonds in one or more series. b. The date the bonds shall bear. c. The maturity dates of the bonds. d. The interest rate, not exceeding the maximum rate fixed for bonds of cities under Chapter 4 (commencing with Section 43600) Division 4, Title 4 of the Government Code. e. The denomination of the bonds. 4822.7013-6576.1 23 0 f. g. h. I. J. k. I. Their form, either coupon or registered. The conversion or registration privileges carried by the bonds. The rank or priority of the bonds. The manner of their execution. The medium of payment. The place of payment. The terms of redemption with or without premium to which the bonds are subject. [From Section 33646 of the Redevelopment Law]: The bonds may be sold at par less a discount of not to exceed 5%, at public sale held after notice published once at least five days prior to the sale in a newspaper of general circulation published in the community, or, if there is none, in a newspaper of general circulation published in the County. The bonds may be sold at not less than par to the federal government at private sale without any advertisement. (2) Time Limit on Establishing Loans. Advances and Indebtedness o The principal amount of bonded indebtedness (issued pursuant to Section 33640, et sea., of the Health and Safety Code) to be repaid in whole or in part from such allocations of taxes, and which can be outstanding at one time, as applicable to the Redevelopment Project, shall not exceed the sum offorty million dollars ($40,000,000) without an amendment of this Plan." (3) Limitation on Number of Dollars of Taxes Which May Be Divided and Allocated to Agency o 4822-7013-6576.1 a. A limitation on the number of dollars of taxes which may be divided and allocated to the Agency need not be specified as a dollar value limitation so long as a limitation does in fact exist to enable the Agency to reasonably determine a limitation on such amounts when certain financial variables are known. Taxes shall not be divided and shall not be allocated to the Agency beyond such limitation, except by amendment of this Plan. The dollar amount of taxes which may be divided and allocated to the Agency ("tax allocations") pursuant to subsection 2 of this Section "F" in any fiscal year shall be a figure derived by multiplying the maximum annual debt service (as hereinafter defined) on those forms of indebtedness as further provided in Paragraph "b" below and payable from the tax increment revenues attributable to the Redevelopment project by a factor of 1.75 ("coverage"). As used 24 o o o 4822.7013-6576.1 herein, maximum annual debt service means the largest of the sums obtained for any fiscal year after the computation is made by totaling the following for each such fiscal year: (1) the principal amount of all serial Bonds and serial parity Bonds payable in such fiscal year; and (2) the amount in minimum sinking fund payments; (3) the interest which would be due during such fiscal year on the aggregate principal amount of Bonds and parity Bonds which would be outstanding in such fiscal year if the Bonds and parity Bonds outstanding on the date of such computation were to mature or be redeemed in accordance with the maturity schedule or schedules for the serial Bonds and serial parity Bonds and the schedule or schedules of minimum sinking fund payments for term Bonds and term parity Bonds; (4) any other optional or mandatory call and redemption of bonds; and (5) the principal and interest due and payable in each fiscal year of the agency with respect to loans, notes, contractual obligations or other forms of indebtedness payable to third parties either in whole or in part from the tax allocations. At the. time and for the purpose of making such computation, the amount of term Bonds and term parity Bonds already retired in advance of the above-mentioned schedule or schedules shall be deducted pro rate from the remaining amounts thereon. b. The principal amount of the tax allocation bonded indebtedness applicable to the Redevelopment Project issued pursuant to Section 33650, et seq., of the Health and Safety Code, exclusive of (i) sales and use tax revenue bonds or other similar bonded indebtedness or contractual obligations, (ii) other Agency subordinated contractual obligations payable from tax allocations and, (iii) other forms of indebtedness and City and/or Agency indebtedness payable from tax allocations, which can be outstanding at anyone time and payable in whole or in part from tax allocations attributable to the Redevelopment Project shall be limited to forty million dollars ($40,000,000) if and to the extent the same is serviceable solely from tax allocations, applying to such tax allocations the 1.75 coverage test as set forth above to so determine the total amount of tax allocations to be allocated to the Agency for the debt service requirements on such tax pursuant to said Section 33640 in addition to that amount required for the repayment of principal and interest on such other Agency subordinated contractual obligations payable from tax allocations and other forms of indebtedness and City and/or Agency indebtedness payable from tax allocations; provided, however, that if other sources of payment are lawfully combined with tax allocations, there shall be no limit as to the amount of bonded indebtedness serviceable from such other source of funds, except as to that portion of the total tax allocation bonded 25 o o o "i indebtedness which is attributable to being serviced from tax allocation which shall not at anyone time exceed such figure of forty million ($40,000,000) principal amount outstanding as set forth above applying the same coverage test to determine the total of tax allocations which shall be available to the Agency. SECTION G. ACTIONS BY THE CITY The City shall aid and cooperate with the Agency in carrying out this Plan and shall take all reasonable actions necessary to ensure the continued fulfillment of the purposes of this Plan and to prevent the recurrence or spread in the Project Area of conditions of blight. Actions by the City may include, but shall not be limited to, the following: (A) Institution and completion of proceedings for opening, closing, vacating, widening, or changing the grades of streets, alleys, and other public rights-of-way, and for other necessary modifications of the streets the street layout, and other public rights-of-way in the Project Area. Such section by the City shall include the requirement of abandonment and relocation by the public utility companies of their operations in public rights-of-way as appropriate to carry out this Plan, provided that nothing in this Plan shall be deemed to require the costs of such abandonment, removal, and relocation to be borne by others than those legally required to bear such costs. (B) Institution and completion of proceedings necessary for changes and improvements to publicly owned parcels and utilities in the Project Area. (C) Performance of the above, and of all other functions and services relating to public health, safety, and physical development normally rendered in accordance with a schedule which will permit the redevelopment of the Project Area to be commenced and carried to completion without unnecessary delays. (D) Imposition, whenever necessary, of appropriate design controls within the limits of this Plan in the Project Area to ensure proper development and use ofland. (E) Provisions for administration/enforcement of this Plan by the City after completion of development. (F) The undertaking and completion of any other proceedings necessary to carry out the Plan. (G) The expenditure of any City funds III connection with redevelopment of the Project Area pursuant to this Plan. (H) Revision of the City zoning ordinance, adoption of specific plans of execution of statutory development agreements to permit the land uses and facilitate redevelopment and elimination of blight authorized by this Plan. 4822.7013-6576.1 26 o o o SECTION H. ADMINISTRATION AND ENFORCEMENT Upon adoption, the administration and enforcement of this Plan or other documents implementing this Plan shall be performed by the City and/or the Agency, as appropriate. The provisions of this Plan or other documents entered into pursuant to this Plan may also be enforced by litigation or similar proceedings by either the Agency or the City. Such remedies may include, but are not limited to, specific performance, damages, re- entry onto property, power of termination, or injunctions. In addition, any recorded provisions which are expressly for the benefit of owners of property in the Project Area may be enforced by such owners. SECTION I. PLAN LIMITATIONS (I) Effectiveness of the Plan Except for the non-discrimination and non-segregation provisions which shall run in perpetuity, and except as otherwise provided herein, the provisions of other documents formulated pursuant to this Plan shall be effective for forty (40) years from the adoption of Common Council Ordinance No. 3366 approving this Plan After the time limit on the effectiveness of the Plan has expired, the Agency shall have no authority to act pursuant to the Plan except to pay previously incurred indebtedness and to enforce existing covenants or contracts. However, if the Agency has not completed its housing obligations pursuant to Section 33413 or the Redevelopment Law, the Agency shall retain its authority to implement requirements under 33413, including the ability to incur and pay indebtedness for this purpose, and shall use this authority to complete these housing obligations as soon as reasonably possible. SECTION J. PROCEDURE FOR AMENDMENT This Plan may be amended by means of procedure established in Sections 33450-33458 of the Redevelopment Law or by any other procedure hereafter established by law. This Plan is to be liberally construed and not interpreted as a limitation on the powers of the Agency. Notwithstanding any provision in this Plan to the contrary, the Agency or Commission may hereby utilize all powers of a redevelopment agency pursuant to the Redevelopment Law and all other applicable laws, as the same now exists or may hereafter be amended. 4822-7013-6576.1 27 .. o Exhibit "A" Central City North Redevelopment Project Area Map ) o o ~ ~ :t E E " " l:- ii ii ::1 ::1 :;, :a :3 .f c c ." u u '" ~ ~ " ~ ~ "- III ~ ~ . 0 Q " l! l! u u u u " c c EE .::: u " '" 0 " .. .. .. .~ '9 '9 '0 E u . t; E E Q E E E " (l (l (l s I~~ ~ ::.~ ~i, " ~,I:: '-0. " U :.U ~ ~:<' -.;i;r: EXHIBIT "A" () () . ~ ~~i o' zI " ... ~-! ~ '" ; ::: ~": wI:::: :: ~. := ~ ,!! '- ~,~ .. . ;. ..i:: . :'j :~ ~'" ! Ii:. !I! .~. ! ~ f;:" ," ~ :: - a:.. , ' . ,.. . ":ilifl. ~ .. _ ~..,. 1:: ..:; ~, ~~ ~ I.'..'..... :: "\ . " ~:.. 4" , - . ~ , (> IU. J:lIl I-~ a::;:: 0111 Zl:: $ ~gJ -0 UQl <i!~ a:"tl 1-1:: ZI1l W-l UI:: it - e Ql I:: Ql ~ ... :5 '" ~ to !!l <:: .!!J -t; " .~ &! o Exhibit "8" Central City North Redevelopment Project Area Legal Description of Project Area o o o o o .., Legal Description of Project Area Those portions of Blocks 19,20,25,26,27,28,29,30,35,36,37,38,39,40,41,42, 43, 44, 45, 46, 51, 52,53, 54 and 55 of the City of San Bernardino, County of San Bernardino, State of California, as per map recorded in Book 7 of Maps, Page I; and Norton and Hay Subdivision as per map recorded in Book 16 of Maps, age 7; and Sub of Block 55, City of San Bernardino, as per map recorded in Book 3 of Maps, Page 30; and Porter's Subdivision as per map recorded in Book 2 of Maps, Page 26; and J. S. Bright Subdivision as per map recorded in Book 4 of Maps, Page 4; and Bennetts Subdivision as per map recorded in Book 3 of Maps, Page 15; and Ward and Courtney Subdivision as per map recorded in Book 3 of Maps, Page 25; and Kingman- Hampson Subdivision as per map recorded in Book 30f Maps, Page 81, records of said County described as follows: Beginning at the intersection of the Easterly prolongation of the North line of Court Street, 82.50 feet wide and the East line of Arrowhead Avenue 82.50 feet wide; thence West along said Easterly prolongation and the North line of said Court Street to the East line of"D" Street, 82.50 feet wide; thence Westerly in a straight line to the Northwest corner of "D" Street and Court Street, 56.16 feet wide; thence West along the North line of Court Street to the East line of"E" Street 82.50 feet wide; thence North Along the East line of said "E" Street to the Northeast corner of said "E" Street and Fourth Street, 82.50 feet wide; thence West along the North line of said Fourth Street to the West line of"H" Street; thence North along the West line of said "H': Street a distance of 48.00 feet to the Right of Way line of State Route VIII - 43 (Freeway U. U. 395); thence along said Right-of-Way line the following courses and distances: thence South 89 34'17" West a distance of 251.15 feet; thence Northerly along the arc of a curve concave Northeasterly with' a radius of 150.00 feet a distance of 83.37 feet; thence North 17 as'04" West a distance of 170.43 feet to the South line of Kingman Street; thence North 07 28'03" West a distance of 40.30 feet to the North line of said Kingman Street; thence North 0 27'47" West a distance of 130.00 feet; thence Northerly in a direct line to a point on the North line of Lot 41 of the Ward and Courtney Subdivision as per plat recorded in Book 3 of Maps, page 25, records of the County Recorder of said County, said point being 370.00 feet West of the East line of said "H" Street; thence North 0 27'54" West it distance of 143.71 feet to the South line of Spruce Street, 50.00 feet wide; thence North 05 43'35" East a distance of 173.52 feet to the beginning of a tangent curve concave Southeasterly and having a radius of 160.00 feet; thence Northeasterly along said curve thru a central angle of79 24'47" a distance of221.77 feet; thence North 85 08'02" East a distance of 99.66 feet to the South line o( Sixth Street 82.50 feet wide; thence East along the South line of said Sixth Street to the West line of said "H" Street; thence leaving said Right-of-Way line of Freeway U.S. 395 North along the West line of said "H" Street to the North line of said Sixth Street; thence West along the North line of said Sixth Street to the Easterly Right-of-Way line of said U.S. 395; thence North along said Easterly Right-of-Way line of U.S. 395 Freeway and following all its various courses and distances to the North line of Eight Street 82.50 feet wide; thence East along the North line of Eight Street to the Northeast corner of said Eight Street and Arrowhead A venue; thence South along the East line of said Arrowhead Avenue to the point of beginning. o Exhibit "e" Community Development Commission Resolution No. 4830 December 23, 1985 r o o :i~ ..{~/: ." 0) , ~( . '. ' SBEOOI-92/1,010/1297S/kl' 12/18/85 o RESOLUTION NO. 4830 , :.1 I RESOLUTION OF . THE COMMUNITY DEVELOPMENT COMMISSION OF .THE'CITY OF SAN BERNARDINO ADOPTING A STATEMENT Of. EXISTING PROJECTS, PROGRAMS AND ACTIVITIES AND EXISTING OBLIGATIONS PURSUANT TO HEALTH AND SAFETY CODE SECTION 33334.6 j~~~:'Il. .. . .~:. .WHEREAS, Health and Safety Cade Section 33334.6 requires .with reference to redevelapment plans adapte?priar ta January 1, 1977, .that. nat less than twenty per~ent (20%) .of all ~axes which are allacated ta the Redevelapment Agency .of the City .of San Bernardina .r (the "Agency") pursuant ta Health and Safety Cade Section 33670 be set asid~ fa..rpl1rpases .af increasing and.. impraving' the cammuni ty' s . ~upply .of law-. and ~aderate-incame.' hausing .(the "Housing Fund ~""')prapriatio~.) unless certain findings are made; and i'-' . , \ WHEREAS, .Health and Safety Cade Sectian 33334.6 autharizes the Agency na't ta set aside the Hausing Fund Apprapriatian, .or any portian thereaf, if it is found and determined that the Haus ing Fund Apptapriatian, .or any partianthereaf, is needed far ather purpases .in. .order ta pravide far: the orderly and timely campleti9n .of public an~ private redevelapment prajects; pragrams and activities which as .of January. I, 1986 the jI,gency intends ta implement; and . WHEREAS, Health and Safety Cade Sectian 33334.6 autharizes the Agency nat ta set aside the Hausing Fund Appraprijltian, .or any ortian thereaf, if it is faund and determined that the Hausing Fund - I - -<:i 'j ) OAPpropriation, . or .any portion thereof, is needed. for purposes of payment under existing obligations of amounts due or required to be committed, set aside or reserved by:the Agency during the fiscal year and which are used by the Agency for' that purpose; and' WHEREAS, the Community Development Commission of the City of San Bernardino (the "Commission"), on behalf of the Agency, intends to implement those certain proj ects, programs and acti vi ties pertaining to thoSe certain' redevelopment projects adopted 'by tlie Agency prior to January. I, 1977, all as set forth in' Exhibit "A" .- attached hereto and incorporated herein" by . reference, and. the Commission has .... further established or has I otherwise identified existing ~ .obligations pertaining to the, payment of .amounts due or 6]required ~o 'be committed, set aside' or rese.rved by- the Agency dUFing the fiscal year 1985-86;. and WHEREAS, it is appropriate at this time for the Commission- . on behalf of .the Agency to make certain findings and- authorizations with reference to. said redeveldpment projects and oblig~tions, .pursuant to Health and Safety'Code Section 33334.6~ NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION ACTING ON BEHALF OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: o .:. 2 - .. <-) ) o "Section 1. The "Commission he"reby reaffirms and incorporates herein by reference "that" certain Resolution of the Commission entitled: . - ~ ,.' "0-'" .,' .,-.. : j- 3~',i. - . ~.- Resolution of the Community Development Commission of the City of San Bernardino" Making Certain Findings Concerning Lack of Need to Set Aside a Portion" of Property" ",Tax Increment Pursuant '"to" Health and Safety .' Code SeCtions 33334.2 and 33334:6 , , and the Commission specifically reaffirms. and incorporates by '--.."-- referenc~ h!,!rein. any and all findings .and determinations made in said Resolution". ."0 :; "Section. 2. Pursuant to.' Health and Safety Code Section 33334.6, the Commission on behalf of the Agency hereby accepts, . ilpproves and adopts for planning purposes .the Statement of Projects, Programs and Activities as set forth in Exhibit "A" attached hereto arid incorporated, herein by reference, and the Commission on behalf of the Agency f"urther affirms its intention to 'proceed with the projects, programs and activities set forth therein; "provided, however, that nothing in this Resolution shall be deemed to constitute final approval" o'f"any"p'roject, prog.ram or activity set forth in said Exhibit "AN. 'OherebY . Section 3. ~he Commission on beha lf of the Agency finds and determines pursuant to Health and Safety Code - 3 "~ ) ) '<:)section 33334.6 in Exhibit -A- that the projects, programs and activities set forth attached hereto and in'corporated herein by reference are projects, programs and activities as described in, Hea.lth and Safety Code Section 33334.6, and' that the orderly:, i!nd ,timely completion of said projects, programs and ,activities requires that neither the Housing Fund Appropriation, nor any portion thereof, be set aside during the 1985-86 fiscal year f'or purposes set forth in Health and Safety Code Section 33334.6. Section 4. " The Commission on, behalf of the Agency .- hereby accepts, approves and adopts the' Statement ,of Existing Interproject Area Loans, and Obligations as set forth in Exhibj t -B- I 'atti!ched;' hereto and 'incorporated herein by, reference, and the ~\:)comffiission on behalf of the Agency authorizes and directs Agency and -' city Staff to execute any and all documents, book 'entries and writings and to take any and all actions which are reasonable and .necessary in order to commit, set aside or, reserve Agency funds' pursuant to the obligations set forth in Exhibit -B-:' including any and all interest due thereon calculated at a rate not to exceed the maximum interest rate permitted by' law. Section 5. The Commission on behalf' of the Agency hereby finds and determines pursuant to Health and Safety Code Section 33334.6 that the obligations set forth in Exhibit -B- attached hereto and incorporated herein by reference are obligations , as described in Health and Safety Code Section 33334.6, ,and that the .Orepayment, coinmitment, s'et aside or reservation of funds pursuant to - 4 - .. ") ) s.aid obligations, including ,.0 ~~quir~s that neither the any and all' interest due thereon, Housing Fund Appropriation, nor any ~ ,portion. .thereof, be set aside during. the 1985-86 fiscal. year for .purposes .set forth in Health and Safety Code Section 33334.'6: Section 6. This Resolution shall . take effect . upon adoption. ADoPTED :. 12/23/85 Approved as to Legal Form. and Adequacy: -' .By: ission Counsel' .to o o - 5 - ) ) .0 . EXHIBIT ~A" STATEMENT OF PROJECTS, PROGRAMS AND ACTIVITIES Central City Redevelopment proiect 1. American Cities Plan, including public "improvements for Downtown Area and the Court Street Corridor from, E Street to Arrowhead and then.north approximately to 5th Street. .' . .' . ~. 'Revitalization andstreetscape plan for E Street 'Corridor from appr!,xim.ately 2nd. to 7th' streets, including beautification' and improvement program. ~O ~ 3; High' groundwater pumping and improvement program, including costs of pumping high groundwater. and of constructing permanent '. .improvements in order to alleviate high ~roundwater problems. .4. Master city plannin'g program,' including "Greater San Bernardino Plan". 5.' Improvement project for parking structure at 2nd and' E 'Streets, inCluding restiiping, restructuring, re-signing and construction of access improvements. .0.6. "J" building lease, ~ncluding opti6n to purchase. . . - 6 - ) . " .'.1 :07~ Parking.project and program for Downtown Area, including parking facilities adjacent to development of office structures pursuant .to existing and. projected disposition and development agreements. 8. Schurgin Disposition and Development . Agreement;. including financial obligations thereunder. 9. .Carel Dispos i tion and Development . Agreement, including improvement obligations thereunder. ',' .- .10~ .Orange Show Extension Project, including street improvements, : possible larid acquisition, relocation, and ~ther obligations in . I - . aCco(dance with Orange Show Master Plan. '0 11. Demolition of Court and E Street.site. . '12. Obligations pertaining to fiscal impact bond refunding for' merged redevelopment project areas. 13. Obligations pursuant to .Nicolay Note. " 14. Legal services programs and obligations. '- 15. Obligations and reimbursements to fiscal agents pertinent to bond issues. Ou. YWCA' rehabilitation project. - 7 - ) ) cO 17. Redevelopment arid public improvement obligations for redevelopment of Rialto, Mill, .F and H Street site, including public improvements, . streets, soi Is improvements, utility under-grounding and other matters. v 18. Obligations under Scott Note. 19. Obligations under Nicholson Note. '20. Obligations related to bond l"ssuance programs. , 21. Obligations ..pertaining to issuance of parking facilities bonds. I ~J 2;!. Obiigations pertaining to issuanc~ of fire station bonds. 2~. Obligations pertaining to issuance of library bonds. .' State COlleqe RedeveloPment Pro; ect 1~ Golf Course expansion project pursuant to 'existing agreement 'with Golf Course lessee. 2. Golf Course undercrossing proj ect pertaining to expansion of .Interstate 215 Freeway. 3. C & M Fine Pack Owner Participation Agreement obligations. o - 8 - ) ) -04. College Parkway Agreement obligations, including, offsite ~ improvements. 5. ,': Obligations pertaining to bond issues. (i'.Obligations pursuant to Darmor Owner Participation Agreement, including landscaping improvements. 7. Development of publiC improvements on, Kindall Avenue near 40th Street pertaining to shopping center site redevelopment. " '8. B~anch library project, including financing programs Obligations. I . f4l"""'-.. Construction of stonildrain facilities along University Parkway. ~ 'Southeast Industrial Park Redevelopment Proiect ,,1. Obligations pursuant to Miles and Hall Di'sposi Hon and , Development Agreement, inCluding flood control improvements. ~: Obligations pursuant to Janke Note. ',3. Obligations and reimbursements to fiscal agents pertaining to bond issues. o - 9 - ) ') P4" Auto Center Owner Participation Agreement, including obligations thereunder" ,for site located at approximately Orange Show Road' and Interstate 215. :5. Employment Linkage Project, including incentives 'and reimbursements for creation of new jObs. '6. Marketing project, including ,advertising. program to encourage redevelopment. -' 7. Obligations pertaining to bond issUes. '. Central C'ity'North Redevelopment Pro;ect, rO '--' 1. Obligations and reimbursements to fiscal agents pertaining to ,bond issues. 2. Obligations pertaining to Gabriel Note. 3'. Obligations pertaining to Schweitzer Note. ':4. Parking project, including development of 'parking structures for redevelopment area. 5: Obligations pursuant to bond' issues. o 6. Obligations pertaining to existing notes concerning Stater Bros. properties. - 10 - . .\ ! ) p Central .City West Redevelopment Proiect 1. Obligations pertaining to Swing Note. Miscellaneous 1. To the extent that the foregoing' project's, p rog rams and activities pertain to more than one of the foregoing . redevelopment project areas, . the . Agency intends that .' 'resl?onSibility for such projects, programs and activities be- .- borne by any and all applicable redevelopment project areas. . . .2. Fina~cing star:t up costs for: all 'of the foregoing r:edev'elopment Q project ar:eas. 3. Enterpdse zones, including those within the foregoing . . redevelopment project ar:eas, and including local incentive" l?rogr:ams and fee rebate progr:ams. '. 4.. . Funding and .implementation of the City Empl.oyment. Job Linkage program, including the tar:geting of funding for: employment development progr~ms with par:ticipating companies, businesses and individuals eithe'r inside any of the redevelopment areas of the Agency or outside and of benefit to any of the redevelopment project areas of the Agency, for the purpose of pr:oviding o employment opportunities to persOns of low- and. very-low income. "\ " - 11 - ~ . ., J :.. ) p . EXHIBIT "B" STATEMENT OF EXISTING INTERPROJECT AREA LOANS .AND OBLIGATIONS AS OF DECEMBER 31, 1985 DUE AND OWING AS OF JUNE 30; 1986 Central City North Redevelopment Proiect . Principal amount of Obligations 'payable to Central City Redevelopment Project: $1,899,253 Central City West Redevelopment Project Principal amount of obligations payable to Central City Redevelopment Project: / $707,440.00 . North West Redevelopment Proiect ..... . I. () t:.'ii :Piincipal amount of obligations. payable to. Mortgage Finance: $377,606.00 . 'Principal amount of obligations pa'yable' to - State College Redevelopment Project: $591,988.00 Tri-Citv Redevelopment Proiect Principal amount of obligations payable to South East industrial Park Redevelopme-nt Pr:oject: $584,450.00 . ." .< :Uptown Redevelopment Proiect .' Principal amount of obligations payable to Central City Redevelopment Project: $323,420.00 South Valle Redevelopment Project .0 Payable amount of obligations payable. to South East Industrial Park Redevelopment Project: $83,410.00 o ", .:; \ ,J ) EXHIBIT -A- STATEMENT OF PROJECTS, 'PROGRAMS AND.ACTIV1TIES Central City Redevelopment proiect L American Cities .Plan, inclu'ding public improvemerits for Downtown , , Area and the Court Street Corridor from E Street to Arrowhead and then north approxi~atelY to 5th street; .' 2. Revitalization and street scape plan for E.Street Corridor' from approximately. .2nd to 7th streets, iqcluding beautification and improyement.program. b~ '3. High 'groundwater pumping .and improvement program, .including o costs of pumping high groundwater and of constructing permanent improvements.in order to alleviate high groundwater problems. 4. Master 'city' planning program, including -Greater San Bernardino Plan-. 5. Improvement. project for parking strlicture at 2nd and E Str'eets, including restiiping, restructuring, re-signing and construction of access improvements. -J" building lease, including option to purchase. '- 6 - ') ") 07. '. Plirking project and program for Downtown Area, including parking facilities adj.acent to development of office structures 'pursuant to existing and projected disposition and development. agreements. .8. Schurgin Disposition and Development Agreement, including financial obligations thereunder. 9. Carel Disposition and Development Agreement, inCluding improvement obligations thereunder. ./ ,to" Orange Show Extension Project, including' street ,improvements, p'ossi-.bIe '.land, acquisition, relocation', and other obligations in D ,I '. . accordance with Orange Show Master Plan. -' 11. Demolition of Court and E Street site. 12. Obligations pertaining to fiscal impact bond refunding for merged redevelopment project areas, i3. Obiigations pursuant to NicolaY-Note. 14. Legal services programs and obligations. 15. Obligations and .,reimbursements to fiscal .agents pertinent to bond issues. o 16. YwCA rehabilitation project. ~ 7 - ", ) '\ c::r7: Redevelopment and public. improvement. obligations for redevelopment of Rialto, Mill, F and H Street site~ including public improvements, streets, soils ':improvements, utility under-grounding and other matters. 18. Obligations under.Scott Note. 19. Obligations under Nicholson Note. 20. Obligations related to bond issuance programs. .' 2L Obligations pertaining to issuance of 'parking fac1lities bonds. " , ~2. Obligations pertaining to issuance of' fire station bonds. .1 23. Obligations pertaining to issuance of library bonds. State College Redevelopment'Project L Golf Course expansion pioject. pursuant .to existing . agreement with Golf Course lessee. 2. Golf Course undercrossing project pertaining to expansion of .Interstate 215 Freeway. '0' C & M Fine Pack Owner Participation Agreement Obligations. - 8 - " :" , ,.;.1 .-'. ) CL College Parkway Agreement obligations, including offsite ' improvements~ ,5", Obligations pertaining to bond issues. 6. 'Obligations pursuant to Darmor Owner Participation Agreement, including landscaping improvements. '7. 'Development' of 'public' improvements on Kindall Avenue near 40th Street'pertaining to shopping center site redevelopment. / 8. Branch l~bra:ry project" including ,fina,ncing programs obligations. . OQutheas't' '~n~ustrial , .;I Park Redevelopment Proiect 1. Obligations pursuant to Miles and Ha 11 Disposition and Development Agreement, including flood control improvements. 2. Obligations pursuant to Janke Note. 3., Obligations and reimbursements to fiscal agents pertaining to bond issues. ,4: Auto' Center Owner Participation Agreement, including obligations thereunder, tor site located at approximately Orange Show Road o and Interstate 215. - q - '> ) o 5. Emplo'yinent Linkage Project, 'including incentives and reimburse~ents for creation of new jobs. ,6: Marketing project, including adv~rtising 'program .to encourage redevelopment. 7., ,Obligations pertaining to bond issues.' Central City North Redevelopment proiect .' .i. Obligations ,'and . reimbursements to fiscal agents p.ertaining to I bond ;issl!es. o o 2. . Obligations pertaining to Gabriel Note. 3. Obligations pertaining to Schweitzer Note. 4. Parking project, including development of parking structures for 'redevelopment area. .'. .5. Obligation~ ~ursuant ~o bond issues. .' 6. Obligations pertaining to existing notes concerning Stater. Bros. properties. o . \ i ~ ) .Ccentral City West RedevelopnientProiect - . r;J" 1. Obligations pertaining to Swing Note. Miscellaneous 1. To the extent that the foregoing projects,. programs . and activities pertain to than of the foregoing more one redevelopment . project the intends :Agency that areas, .responsibility for such pro.jects, programs and activities be -' borne by any and all applicable redevelopment project. areas. Piriaiicing start up costs for all of.. the for.egoing redevelopment project areas. 3. Enterprise including those within the .foregoing zones, redevelopment project .areas, and including ioeal incentive .. programs and fee. rebate programs. : 4. Fundfng and implementation of the. City Employment Job Linkage Program, includfng the targeting of funding for employment development programs with participating companies, businesses and individuals either inside any of the redevelopment areas of the Agency or outside and of benefit to any of the redevelopment .project areas of the Agency, for the pl.Jrpose of . providing c:> employment opportunities to persons.of low- and very~low income. _ 11 _