HomeMy WebLinkAbout20-Economic Development Agency
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ECONOMIC DEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO
FROM:
Gary Van Osdel
Executive Director
~~~yECT:
On July 1,2002, 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 Uptown Project Area and calling
for the formation of a Project Area Committee (PAC).
On October 21, 2002, the Mayor and Common Council adopted resolutions modifying the PAC procedures and the
scope of the proposed plan amendment to reinstate eminent domain for all properties located within the Uptown Project
Area.
On May 5, 2003, the Mayor and Common Council adopted a resolution acknowledging the results of an election of
Project Area Committee members and rmding that all applicable procedures were followed in the election of the Project
Area Committee for the Uptown 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 amendment to reinstate the powers of
eminent domain in the Uptown Redevelopment Project Area 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 amendment to reinstate the powers of eminent
domain in the Uptown Redevelopment Project Area 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 Amendment to the Uptown Redevelopment Project Plan and Certification of the Environmental Impact
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Recommended Motion(s):
(Community DeveloDment Commission/Mavor and Common Council)
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Contact Person(s):
Gary Van Osdel/Mike Trout
Uptown
Phone:
(909) 663-1044
1,2 and 7
Project Area(s)
Ward(s):
Supporting Data Attachcd: 0 Staff Report 0 Resolution(s) 0 Ordinance 0 Map(s) 0 Letters/Misc.
FUNDING REQUIREMENTS Amount: $
a7
N/A
Source:
N/A
N/A
SIGNATURE:
COMMISSION MEETING AGENDA
Meeting Date: "!-7-0t.(
Agenda Item Number: dO
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THAT SAID RESOLUTIONS BE ADOPTED AND THAT SAID ORDINANCE BE LAID OVER
FOR FINAL ADOPTION.
MOTION A: 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.
MOTION B: 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.
MOTION C: RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO ADOPTING WRITTEN RESPONSES TO WRITTEN AND ORAL OBJECTIONS
TO THE AMENDMENT TO THE UPTOWN REDEVELOPMENT PROJECT PLAN.
MOTION D: 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
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P;\Agt:ndas\Corrun Dev Commission\COC 2004\04-08-16 Uptown SR_doc
COMMISSION MEETING AGENDA
Meeting Date: 08/16/2004
Agenda Item Number: R 3 ~
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Uptown Redevelopment Project Area
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ECONOMIC DEVELOPMENT AGENCY
STAFF REPORT
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Uptown Redevelopment Proiect Area Plan Amendment-
Eminent Domain - Reinstatement of Eminent Domain
BACKGROUND:
The Uptown Redevelopment Project Area was established on June 18, 1986 and encompasses 433
acres that are divided into two (2) Subareas. Subarea "A" has 349 acres and Subarea "B" has 84
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 Uptown Redevelopment
Project Area expired on June 18, 1998.
On January 24, 2000, the Mayor and Common Council authorized the initiation of an amendment to
the Uptown 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.
On July 1, 2002, the Mayor and Common Council approved and adopted the procedures to be used
for the formation of a PAC for the Uptown Redevelopment Project Area and calling upon the citizens
ofthe City to participate in the PAC.
On July 15, 2002, mailers were sent to residents, businesses, organizations and property owners
within the Uptown Redevelopment Project Area concerning the July 25, 2002 public workshop on the
proposed amendment to the Uptown Redevelopment Project Area Plan.
On July 25, 2002, 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 Uptown
Redevelopment Project Area.
On August 27, 2002, mailers were sent to residents, businesses, organizations and property owners
within the Uptown Redevelopment Project Area concerning the September 10, 2002 Project Area
Committee election for the Uptown Redevelopment Project Area.
On September 10, 2002, Agency staff conducted a PAC formation election for the purpose of creating
a PAC from property owners, residences and business owners within the Uptown Project Area.
However, the election did not take place due to the fact that there was not a sufficient number of PAC
applications submitted.
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COMMISSION MEETING AGENDA
Meeting Date: 08/16/2004
Agenda Item Number: .f.J!l....
P:\Agendas\Comn Dev Commission\CDC 2004\04-08-16 Uptown SR.doc
Economic Development Agency Staff Report
Uptown Redevelopment Project Area Plan Amendment
Page 2
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October 21,2002, the Mayor and Common Council modified the PAC procedures and the scope of
the proposed plan amendment to reinstate eminent domain over all properties within the Uptown
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 Central City North Project Area has the
potential to result in direct physical changes in the environment by enabling the Mercado Santa Fe,
the San Bernardino Old Towne, and other expected projects to proceed. It is also reasonably
foreseeable that cumulatively significant impacts will .result from the combined construction of
several smaller projects now in various stages of implementation. These include the widening of 1-
215, the construction of senior citizen housing projects, the construction of an elementary school and
other development projects. Due to the potential environmental and traffic impacts that may result
from these project area plan amendments a Program EIR is required as opposed to a Mitigated
Negative Declaration. The most notable environmental issues would likely be
transportation/circulation, air quality, and changes in land use.
On November 18, 2002, the Community Development Commission adopted a resolution authorizing
the execution of an agreement for professional services for the preparation of a Program
Environmental Impact Report (EIR) and related traffic study.
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On December 10, 2002, mailers were sent to residents, businesses, organizations and property owners
within the Uptown 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 Uptown 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, a environmental impact report was required.
On February 10,2003, mailers were sent to residents, businesses, organizations and property owners
within the Uptown Redevelopment Project Area concerning the February 20, 2003 PAC information
meeting and the April 1, 2003 Project Area Committee election for the Uptown Redevelopment
Project Area
On February 20,2003, Agency staff conducted another PAC formation meeting to discuss the need
and importance of the PAC. Those attending this meeting were encouraged to participate and were
given PAC applications to fill out.
On March 12, 2003, mailers were sent to residents, businesses, organizations and property owners
within the Uptown Redevelopment Project Area concerning the March 26, 2003 scoping meeting for
the Environmental Impact Report for the Uptown Redevelopment Project Area informing the
community of the scope of the Environmental Impact Report and take comments from the public.
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P:\Agendas\Comm Dev Commission\CDC 2004\04-08-16 Uptown SR.doc
COMMISSION MEETING AGENDA
Meeting Date: 08/16/2004
Agenda Item Number: tt
Economic Development Agency Staff Report
Uptown Redevelopment Project Area Plan Amendment
Page 3
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On March 26, 2003, Agency staff and the EIR consultant held a combined community scoping
meeting for both Uptown and Central City North 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.
A normal schedule for the effort would result in 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 the PAC formation election in which six (6) individuals
were elected thereby forming a PAC for the Uptown Redevelopment Project Area. The election was
over seen by the City Clerk's Office. Subsequently, the Mayor and Common Council adopted a
resolution, on May 5, 2003, acknowledging the results ofthe Uptown PAC election.
Though a PAC had been elected, the PAC held no meetings since there were no preliminary
documents concerning the proposed text amendment or the Draft EIR for review. However, once
these documents were available for review PAC meetings began in March 2004 to discuss the text
amendment to the Uptown Redevelopment Project Area Plan, the Initial Study and the Draft EIR.
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On July 6,2004, Uptown PAC voted to recommend to the Mayor and Common Council and the
Community Development Commission to adopt the 2004 Amendment to the Uptown Redevelopment
Project Area Plan reinstating eminent domain within the Uptown 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 these were written and oral
objections received concerning the adoption of an Amendment to the Uptown Redevelopment Project
Plan. 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 Uptown Redevelopment Project was adopted in 1986. Conditions of blight which existed at the
time of adoption of the Redevelopment Plan were extensive and substantial. The Redevelopment
Project Area of the Uptown 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 for
twelve (12) years.
The Project Area includes deteriorated commercial frontage lots abutting either side of several
principal streets in the center of the City. Comparatively little residential use property is in included
in the Project Area although 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
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P:\Agendas\Comm Dev Convnission\CDC 2004\04-.08-16 Uptown SR.doc
COMMISSION MEETING AGENDA
Meeting Date: 08/16/2004
Agenda Item Number: ~
Economic Development Agency Staff Report
Uptown Redevelopment Project Area Plan Amendment
Page 4
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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. Since the time of adoption of the Redevelopment Plan in 1986 little in the
way of new improvements of rehabilitation has occurred and nearly one fourth (v..) 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, the owners
were compelled to remove them.
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The proposed 2004 Amendment to the Redevelopment Plan is limited to the reinstatement of the
Agency's power of eminent domain. No other changes to the Redevelopment Plan and in particular
no changes to the financial provisions of the Redevelopment Plan are proposed.
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 1986.
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 1986, 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.
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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
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P'^""du\Co~""C""""",;"\COC2004\04-08-16 Up<o~ SRdoo COMMISSION MEETING AGENDA
Meeting Date: 08/16/2004
Agenda Item Number: .e31
Economic Development Agency Staff Report
Uptown Redevelopment Project Area Plan Amendment
Page 5
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initiated certain actions to consider the adoption of the Amendment to the Redevelopment Plan for
the Uptown Redevelopment Project which reinstates the power of eminent domain for a twelve (l2)
year period of time.
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
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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 Amendment. 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 an Amendment to the Project Area Plan were previously transmitted to the Council
and Community Development Commission in the "Black Binder" provided at the Joint Public
Hearing on July 19, 2004.
C 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 an Amendment to
the Uptown Redevelopment Project Area Plan, the Amended and Restated Plan for the Central City
North Project Area, 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 an
Amendment to the Project Area Plan.
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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
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
P:\Aaendu\COIm'I Dev Comrrrission\COC 2004\04-08-16 U~wn SR.doc
COMMISSION MEETING AGENDA
Meeting Date: 08/16/2004
Agenda Item Number: ~ q
Economic Development Agency Staff Report
Uptown Redevelopment Project Area Plan Amendment
Page 6
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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 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.
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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
Amendment to the Project Area Plan to the Council.
By adopting the attached resolution, the Council will adopt the written responses to written and oral
objections to the Amendment of the Project Area Plan.
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 Development/Environmental Review Committee
(D/ERC) reviewed the Initial Study prepared 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 (EIR)
would be required.
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
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P:\Agendas\Convn Dev Cormnission\CDC 2004\04-08-16 Uptown SR.doc
COMMISSION MEETING AGENDA
Economic Development Agency Staff Report
Uptown Redevelopment Project Area Plan Amendment
Page 7
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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. There are potential for impacts from future development within the
proposed General Plan Amendment area. Those impacts cannot be specifically identified or
quantified until such time as an actual development project is proposed. However, it is likely that
development of this area will result in impacts similar to those related to the proposed development of
the Mercado Santa Fe project.
FISCAL IMPACT:
Based on contracts entered into with consultants for this amendment, the costs will total $131,627.
Funds for this activity have been budgeted and approved.
RECOMMENDATION:
o That the Community Development Commission and Mayor and Common Council adopt Motion A,
B, C, and D.
Gary V70Sdel, Executive
EXHIBIT:
A. Written Responses and Findings to Written and Oral Objections
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COMMISSION MEETING AGENDA
Meeting Date: 08/16/2004
Agenda Item Nnmber: ,{J q
P:\Agendas\Comm Dev Commission\COC 2004\04-08-16 U~ SIt-doc
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(C~~)f
ORDINANCE NO.
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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
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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;
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and
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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
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et seq.; and
WHEREAS, the Mayor and Common Council of the City ("Common Council"), by
adoption of Ordinance No. MC-527 on June 18, 1986, approved and adopted the
Redevelopment Plan for the Uptown Redevelopment Project; and
WHEREAS, the Common Council has subsequently adopted certain amendments to the
Redevelopment Plan for the Uptown Redevelopment Project as follows:
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(i)
Common Council Ordinance No. MC-927 on December 19, 1995; and
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(ii)
Common Council Ordinance No. MC-1161 on December I, 2003.
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WHEREAS, the Redevelopment Plan for the Uptown Redevelopment Project as adopted by
Common Council Ordinance No. MC-527, and as amended by Common Council Ordinance No.
MC-927, and as further amended by Common Council Ordinance No. MC-1161 is referred to
herein as the "Redevelopment Plan"; and
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 Uptown Redevelopment Project (the "Project Area") by
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eminent domain; and
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WHEREAS, 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
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and the adoption of an amendment to the Redevelopment Plan (the "2004 Amendment") and the
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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
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WHEREAS, the 2004 Amendment does not propose to modify the boundaries of the
Project Area or change any of the financial provisions of the Redevelopment Plan. The 2004
Amendment is focused solely on the reinstatement of the Agency's eminent domain authority
with respect to all property in the Project Area for a twelve (12) year period following the
adoption of the ordinance of the Common Council adopting the 2004 Amendment; and
WHEREAS, the Common Council consented to hold a joint public hearing with the
Commission with respect to the 2004 Amendment, at which public hearing any and all persons
having any objection to the 2004 Amendment or the Final Program Environmental Impact
Report described below, or the regularity of any prior proceedings concerning the 2004
Amendment, would be allowed to appear before the Commission and the Common Council and
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show cause why the 2004 Amendment 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 Amendment; and
WHEREAS, a Final Program Environmental Impact Report has been prepared in
connection with the consideration and approval of the 2004 Amendment and certain related
redevelopment implementing activities, including a redevelopment study project referred to as
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the "El Mercado Santa Fe Project" and the City General Plan Amendment No. 04-02, and the
Common Council has adopted its resolution entitled:
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"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
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WHEREAS, the Commission has adopted its resolution entitled:
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"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"; and
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WHEREAS, all legal prerequisites to the passage of this Ordinance have occurred and
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been taken in accordance with applicable law.
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NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO DO ORDAIN AS FOLLOWS:
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Section 1.
The facts set forth in the Recitals of this Ordinance are true and correc
20 and are hereby made part of the findings and determinations of the Common Council as relate t
21 the approval of the 2004 Amendment.
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Section 2.
Conditions of blight still affect the Project Area. At the present time, th
23 Agency may acquire land in the Project Area by purchase and other negotiated means, but th
24 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
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Amendment. The purpose and intent of the Common Council with respect to the
Amendment is to eliminate and prevent the spread of blight in the Project Area.
reinstatement of the Agency's eminent domain authority with respect to all property in th
Project Area for a twelve (12) year period following the adoption of this Ordinance is necess
and appropriate to achieve this purpose and intent. The 2004 Amendment shall assist th
Agency to achieve this goal of promoting the redevelopment of the Project Area and the gener
welfare of the inhabitants of the City, by enabling the Agency to assemble parcels which ar
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necessary to support specific redevelopment activities to prevent and eliminate the spread 0
blight in the Project Area. Apart from the reinstatement of the power of eminent domain, th
2004 Amendment does not add territory to the Project Area or make any other revision to th
Redevelopment Plan.
Section 3.
(a)
The Common Council hereby acknowledges its receipt of th
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written report, dated July 2004, on the 2004 Amendment which has been prepared pursuant t
CRL Section 33352 (the "Section 33352 Report"). As set forth in CRL Section 33457.1, th
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Section 33352 Report contains the information relating to the 2004 Amendment to the exten
warranted by the proposed reinstatement of the power of eminent domain in the Project Area.
The following subsections of the Section 33352 Report for the 2004 Amendment do not requir
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further discussions or consideration as the proposed reinstatement of the Agency'
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redevelopment powers does not change the content or analysis of the matters covered under suc
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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 1986. Th
subsections of the Section 33352 Report relating to the 2004 Amendment where substantiv
analysis is not required at this time are identified as follows:
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Section 33352(c)
Section 33352(d)
the Five Year Implementation Plan;
why the elimination of blight cannot be
accomplished by private party action alone.
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Section 33352(e)
Section 33352(t)
Section 33352(g)
Section 33352(h)
method of financing;
the relocation plan;
analysis of the preliminary plan;
report and recommendation of the Planning
Commission;
Section 33352(j)
Section 33352(\)
Section 33352(n)
general plan conformance;
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
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public hearing.
(b) The Common Council hereby finds and determines that the joint public hearin
conducted with respect to the 2004 Amendment was full and fair.
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Section 4.
The Common Council hereby finds and determines that:
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a.
The Common Council has previously found and determined in Ordinance No
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MC-527, 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 Amendment, the that such fmdings and determinations originally se
forth in Ordinance No. MC-527 continue to be valid. Conditions of blight in the Project Area
originally observed at the time of adoption of the Redevelopment Plan remain in existence
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which blighting conditions as observed in 2004 include deteriorated and dilapidated building
(33352 Report pages B-4 to B-13), substandard design that prevents or substantially hinder
economically viable use or capacity of the buildings or lots (33352 Report pages B-13 to B-15
mixed and incompatible commercial, industrial and residential uses (33352 Report pages B-15 t
B-17), lots of irregular form and size creating a hindrance to future development (33352 Repo
pages B-18 to B-19), prevalence of absentee owners having detrimental effects on buildin
conditions and maintenance of such buildings (33352 Report page B-19), impaired investrnen
leading to high vacancy rates and depreciated values (33352 Report pages B-20 to B-21)
prevalence of building and zoning code violations (33352 Report pages B-22 to B-24), and hi
levels of serious criminal offenses in the Project Area (33352 Report pages B-25 to B-29).
2004 the Project Area displays symptoms of both "physical and economic blight" as these term
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 Amendment remains economicall
sound and feasible for the same reasons as indicated at the time when the Redevelopment PI
was adopted.
d. The 2004 Amendment will not change the original findings of the Commo
Council that the Redevelopment Plan is consistent with and conforms to the General Plan of th
City including, but not limited to, the Housing Element of the General Plan.
e. The adoption and carrying out of the 2004 Amendment will promote the publi
peace, health, safety, and welfare of the City and would effectuate the purposes and policies 0
the CRL and in particular will assist the Agency to elimination and prevent the spread of bligh
on lands which the Agency may not otherwise be able to acquire by negotiated purchase or caus
to be abated by other means.
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f.
The power to acquire real property by condemnation upon the reinstatement of th
2 Agency's power of eminent domain, as provided for in the 2004 Amendment, is necessary to th
3 execution of the Redevelopment Plan, and adequate provisions have been made for payment fo
4 property to be acquired, if any, as provided by law.
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g.
The Agency has adopted the relocation rules and regulations of the State 0
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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 Amendment should result i
the temporary or permanent displacement of any occupants of housing facilities in the Projec
Area.
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h.
The Common Council hereby finds and declares that in the event that any perso
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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
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
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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.
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The Common Council hereby finds and declares that in the event the Agency ma
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acquire any property in the Project Area by exercise of the power of eminent domain 0
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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
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
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Sections 33334.5, 33341 and 33413.5.
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Based upon the information set forth in the Section 33352
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noncontiguous portion of the Project Area referred to as "Subarea B" is blighted.
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k.
The elimination of blight and the redevelopment of the Project Area in th
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absence of the 2004 Amendment is not reasonably expected to be accomplished by privat
enterprise acting above without the aid and assistance available to the Agency under the 200
Amendment in light of the fact that blight continues to exist in the Project Area on a broad an
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substantial scale, and private property owners acting alone often cannot address conditions 0
blight on land which they own or can acquire without Agency assistance because such land
standing alone, is too small in size, too irregular in shape, too obsolete in present use 0
configuration or is too adversely affected by other blighting conditions which impair its valu
and limit investment of new capital and prevent its economic reuse and redevelopment, all
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demonstrated in the Section 33352 Report.
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The time limitation on commencement of eminent domain proceedings containe
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in the 2004 Amendment, is reasonably related to projects to be implemented in the Project Are
and to the ability of the Agency to eliminate blight within the Project Area.
Amendment does not amend or affect any financial provision or other time limitations or amen
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or affect the limitation on the number of dollars to be allocated to the Agency that are containe
in the Redevelopment Plan.
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Section 5.
The Common Council hereby overrules each and every written and ora
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objection to the adoption of the 2004 Amendment, as submitted to the Common Council prior t
the close of the joint public hearing which preceding the adoption of this Ordinance.
The Common Council hereby finds and determines that in calendar year 2004, the Project Are
is a predominantly urbanized area and displays a combination of conditions set forth in C
Section 33031, and the Section 33352 Report, which remain and are today so prevalent and s
substantial that they cause a reduction of, and lack of, property utilization of the lands in th
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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
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private enterprises or government action, or both, without redevelopment.
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Section 6.
The Common Council hereby amends the Redevelopment Plan as follows:
2 Subsection "C. Property Acquisition" of Section "V. PROPOSED REDEVELOPMEN
3 ACTIONS" ofthe Redevelopment Plan is herby amended in its entirety to read as follows:
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He.
Property Acquisition
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I.
Acquisition of Real Property
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Except as specifically exempted herein, the Agency may acquire real property b
any means authorized by law, including by purchase, lease, obtain option upon, acquire by gift
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grant, bequest, devise, or otherwise, any real or personal property, and any improvements on it
including repurchase of property owned by Agency, exchange, cooperative negotiation, 0
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eminent domain.
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It is in the public interest and is necessary in order to execute this Plan, for the power of eminen
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domain to be employed by the Agency to acquire real property in all portions of the Project Area
with the following exclusions:
a.
Except as otherwise provided, within, or otherwise provided b
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law, no eminent domain proceedings to acquire property shall be commenced after twelve (12
years from the date of adoption of the ordinance approving and adopting the 2004 Amendment t
the Uptown Redevelopment Plan.
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b.
Agency shall not acquire from any of its members or officers an
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property or interest in property except through eminent domain proceedings.
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Property already devoted to a public use may be acquired by th
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Agency through eminent domain, but property of a public body shall not be acquired without it
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consent.
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The Agency at the request of the Common Council may accept
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conveyance of real property (located either outside a survey area) owned by a public entity an
declared surplus by the public entity, or owned by a private entity.
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The Agency may dispose of such property to private persons or to public or privat
entities, by sale or long-term lease for development. All or any part of the funds derived fro
the sale or lease of such property may at the discretion of the Common Council be paid to th
City, or to the public entity from which any such property was acquired.
Any exercise of its power of eminent domain by the Agency shall be subject to all of th
limitations set forth in this 2004 Amendment. These limitations may only be extended b
subsequent amendment of the Plan.
The Agency shall, if at all, exercise the power of eminent domain in accordance with th
provisions and prerequisites of the California Eminent Domain Law [Code of Civil Procedur
Sec. 1230.010 et seq.] and the California Relocation Act [Government Code Sec. 7262 et seq.].
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2.
Acquisition of Personal Property, Any other Interest in Real Property, an
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Any Improvements in Real Property
Where necessary in the implementation of the Plan, the Agency is authorized to acquir
personal property, any other interest in real property, and any improvements on real prope
including repurchase of developed property previously owned by Agency by any lawful means."
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The Common Council designates the Redevelopment Plan, as amended b
Section 7.
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the text of the 2004 Amendment as set forth in Section 6 of this Ordinance (hereinafter, th
"Amended Plan"), as the official redevelopment plan for the Uptown Redevelopment Project.
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Section 8.
The Common Council hereby authorizes and provides for the City'
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expenditure of money to implement the Amended Plan.
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The Agency is hereby vested with the responsibility for carrying out th
Section 9.
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Amended Plan in accordance with the provisions thereof and of applicable law.
22 Section 10. The Common Council hereby declares its intention to undertake an
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complete any proceedings necessary to be carried out by the City under the provisions of th
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Amended Plan.
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Section II. 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
portions of this Ordinance. The Common Council hereby declares that it would have adopte
this Ordinance and each, section subdivision, sentence, clause, phrase, or portion of thi
Ordinance, irrespective of the fact that one or more sections, subdivisions, sentences, clauses
phrases, or portions of this Ordinance be declared invalid or unconstitutional.
Section 13. The City Clerk shall certify to the passage of this Ordinance and shal
cause the same to be published in a newspaper of general circulation as required by law.
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025
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:
Ayes
Navs
ESTRADA
LONGVILLE
MCGINNIS
DERRY
KELLEY
JOHNSON
MC CAMMACK
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The foregoing ordinance is hereby approved this
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Approved as to form and Legal Content:
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By:
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Abstain
Absent
Rachel G. Clark, City Clerk
day of
,2004.
Judith Valles, Mayor
City of San Bernardino
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>. .,.FOR OFFICE USE ONLY. HOY.A PUBLIC DOCuME'NT*~1C A
"~;;~~~; ';:fJ}'P:' :c:%?f;.;~-:\~?5.iJRc:, ."}:);of7,~;~<":"~1,t::~~:'i;::.\,
. ... .c,' '. . CITY OF SAN BERNARDINO :'CITY CLERK'S OFFICE'--'~'~--~"f
,.,,,, RECORDS & INFORMATION MANAGEMENT PROGRAM
~~...
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ACENDA ITEM TRACKINC FORM
Meeting Date/Date Adopted: 9- 7-0 Y
Resolution/Ordinance No, MC- / ( \("3
Effective Date: I tJ ~ 5? -0 Y
Vote: Ayes:!---(c,
Abstai~ 7
Date Sent to Mayor:
Date of Mayor's Signature:
Date Summary Sent to Attorney:
Date Published: 7-13 -0</
Meeting Type:j~ ~ ,,( t1A^-J
Continued Fro 0 & Item No.
Item No,
Ordinance Urgency: Yes
Termination/Sunset Date:
Nays: .--.4)-
Absent: -, /)
Date Returned from Mayor:
Date of Clerk's Signature:
Date Summary Returned from Attorney:
Date Seal Impressed:
To Whom:
/ j)(\\
,/ \
Jtdr
'-
Date Sent for Signature:
Expiration Date:
Copies Distributed To:
J
Exhibits Complete & Attached to Resolution/Ordinance:
Reminder letter Sent:
Reminder letter Sent:
Reminder letter Sent:
Request for Council Action & Staff Report Attached: Yes No
Notes: ~p';~ M~ - 1//0 ~{~~ d~'
t4{!
DOCUMENT lOCATlOt+.
FOItMS(AIIfIda 111m TtIdcinI Focm-CC FornI No. 111-t.M ~ lV04119lJ6
Ready to File:
Date:
t#/ '1//J/oti
I / I