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HomeMy WebLinkAboutCDC/1999-51 RESOLUTION NO. CDC 1999-51 2 3 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING A DRAFT METHOD OF RELOCATION PURSUANT TO SECTION 33411 OF THE CALIFORNIA COMMUNITY REDEVELOPMENT LAW FOR THE 40TH STREET REDEVELOPMENT PROJECT 4 5 6 7 WHEREAS, the Community Development Commission ("Commission") of the City of 8 San Bernardino has undertaken the required steps for the consideration of the adoption of the proposed Redevelopment Plan for the 40th Street Redevelopment Project; and WHEREAS, a draft Redevelopment Plan for the 40th Street Redevelopment Project 9 10 11 ("Redevelopment Plan") has been prepared in accordance with the provisions of California 12 Health and Safety Code Sections 33000, et. seq., California Community Redevelopment Law 13 ("CRL"); and 14 WHEREAS, Section 33411 of the CRL provides that the Commission shall prepare a 15 feasible method or plan for relocation of all of the following: 16 a. Families and persons to be temporarily or permanently displaced from housing 17 facilities in the project area; and 18 b. Nonprofit local community institutions to be temporarily or permanently 19 displaced from facilities actually used for institutional purposes in the project area; and 20 WHEREAS, Section 33352(f) of the CRL requires that the Report submitted to the City 21 Council in connection with the Redevelopment Plan include a method or plan for the relocation of families and persons to be temporarily or permanently displaced from the 40th Street 22 23 Redevelopment Project; and 24 WHEREAS, the Commission desires to approve the draft Method of Relocation pursuant to Section 33411 of the CRL applicable to the 40th Street Redevelopment Project. 25 -1- \'\ fll'i \' J. CDC 1999-51 1 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING A DRAFT METHOD 2 OF RELOCATION PURSUANT TO SECTION 33411 OF THE CALIFORNIA COMMUNITY REDEVELOPMENT LAW FOR THE 40TH STREET 3 REDEVELOPMENT PROJECT 4 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE 5 CITY OF SAN BERNARDINO, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: 6 Section 1. The draft Method of Relocation pursuant to Section 33411 of the CRL for 7 the 40th Street Redevelopment Project attached hereto as Attachment A and incorporated herein 8 by reference is hereby approved and made available for public review and comment. 9 !II 10 I!I 11 !II 12 !II 13 !II 14 !II 15 !II 16 !II 17 I!I 18 !II 19 !II 20 !II 21 !II 22 !II 23 !II 24 !II 25 !II 26 I!I 27 !II 28 !II -2- CDC 1999-51 1 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING A DRAFT METHOD 2 OF RELOCATION PURSUANT TO SECTION 33411 OF THE CALIFORNIA COMMUNITY REDEVELOPMENT LAW FOR THE 40TH STREET 3 REDEVELOPMENT PROJECT 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community 5 Development Commission of the City of San Bernardino at a joint regular meetin 6 thereof, held on the 20th day of December 7 COMMISSION MEMBERS: AYES 8 ESTRADA X 9 LIEN X 10 McGINNIS X 11 SCHNETZ X 12 SUAREZ X 13 ANDERSON X 14 MILLER 15 16 17 , 1999, by the following vote, to wit NAYS ABSTAIN ABSENT / -z:: // / X 18 19 20 21 22 23 24 25 26 27 28 The foregoing Resolution is hereby approved this,,{,i-f- day of December ,1999. /IN u~~, 1/ J) I ~l;:tt~ Norine Miller Vice Chairman Approved ato form and legal content: ,/ / By: -3- CDC 1999-51 City of San Bernardino 201 North E Street, Suite 301 San Bernardino, California 9240 I (909) 384-508 I General Relocation Rules (Method of Relocation Pursuant to Section 33411 of the Califomia Community Redevelopment Law) for the 4(1h StJeet Redevelopment Project . . . . . . . . . . Adopted on: Resolution No. by Prepared by: Rosenow Spevacek Group, Inc. 540 North Golden Circle, Suite 305 Santa Ana, CA 92705 (714) 541-4585 Phone (714) 836-1748 Fax RSGINCCA@aol.com CDC 1999-51 METHOD OF RELOCATION FOR THE CITY OF SAN BERNARDINO COMMUNITY DEVELOPMENT COMMISSION 40TH STREET REDEVELOPMENT PROJECT In the adoption and implementation of the Redevelopment Plan for the 40th Street Redevelopment Project ("Plan"), the Community Development Commission ("Commission") of the City of San Bernardino is the public agency responsible for relocation. The 40th Street Redevelopment Project ("Project Area") includes two separate areas. The first is generally bounded by 44th Street on the north, Ralston Avenue, and Sonora Drive on the south, Waterman Avenue on the east, and Electric Avenue and Mountain View Avenue on the west. The second area is east of Sierra Way on 49th Street. Sections 33352(t) and 33411 of the California Community Redevelopment Law, Health and Safety Code Section 33000, et. seq. ("CRL"), require that the Commission prepare a method or plan for the relocation of families and persons who may be temporarily or permanently displaced from housing facilities located within the Project Area, and nonprofit local community institutions to be temporarily or permanently displaced from facilities actually used for institutional purposes in the Project Area. The Commission will meet its relocation responsibilities through the use of its staff and consultants, supplemented by assistance from local realtors, social agencies, and civic organizations. The Commission does not anticipate that implementation of the Plan will create significant dislocation of businesses, residents, or local community institutions; however, it may be necessary for the Commission to undertake relocation actions at some time during project implementation. Specific businesses, residents, or local community institutions to be relocated cannot be identified at this time. If relocation activities are undertaken, the Commission will handle those relocation cases, which result from project activities on an individual case-by-case basis. As provided in Section 33411.1 of the CRL, the Commission shall not displace persons or families of low and moderate income unless and until there is a suitable housing unit available and ready for occupancy by such displaced person or family at rents comparable to those at the time of their displacement. If relocation is necessary, all site residents will be rehoused with a minimum of hardship; in accommodations which are decent, safe, sanitary and suitable to their individual needs; located in areas not less desirable than the Project Area in regard to public utilities and public and commercial facilities; reasonably accessible to their places of employment; and priced within their financial means. The Commission is required to adhere to the State Relocation Law (Government Code 7260 through 7277) and follow the California Relocation Assistance and Real Property Acquisition Guidelines ("State Guidelines") as established in the California Code of Regulations, Title 25, Chapter 6. Rosenow Spevacek Group, Inc. November, 1999 San Bernardino Community Development Commission 1 Method of Relocation San Bem/methrrelsb CDC 1999-51 Therefore, in conformance with Sections 33352(1) and 33411 of the CRL, the Commission adopts, as its "Method of Relocation" the State Guidelines and the State Relocation Law as they now exist and as they may be amended from time to time. A copy of the currently applicable version of the State Guidelines and the State Relocation Law is on file in the offices of the City Clerk/Commission Secretary and attached hereto as Exhibit A and Exhibit B and incorporated herein by reference. Any revisions to the State Guidelines and State Relocation Law shall automatically be incorporated within the Method of Relocation without further action of the Commission. Prior to commencement of any Commission activity which will cause substantial displacement of residents, the Commission will adopt a specific relocation plan in conformance with the State Guidelines. To the extent appropriate, the Commission may supplement those provisions provided in the State Guidelines to meet the particular relocation needs of a specific project. Such supplemental policies will not involve reduction, but instead enhancement, of the relocation benefits required by State Relocation Law and the State Guidelines. Rosenow Spevacek Group, Inc. November, 1999 San Bernardino Community Development Commission 2 Method of Relocation San Bem/methrrelsb CDC 1999-51 EXHIBIT A STATE GUIDELINES r1 oil7l^5 {)(OV icU.,i !~ /:!2/,7f? CDC 1999-51 EXHIBIT B STATE RELOCATION LAW J/,",,,, ")(u';!/ul /z/7.z/'l5: