HomeMy WebLinkAboutCDC/2001-24
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SB2001 19001.1
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(See Companion Resolutions CDC/2001-25, 2001-225, 2001-226)
RESOLUTION NO. CDC/2001-24
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RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO MAKING CERTAIN FINDINGS
REGARDING A PROPOSED AMENDMENT OF THE
REDEVELOPMENT PLAN FOR THE MOUNT VERNON CORRIDOR
REDEVELOPMENT PROJECT AND SETTING THE DATE OF A JOINT
PUBLIC HEARING WITH THE MAYOR AND COMMON COUNCIL OF
THE CITY OF SAN BERNARDINO TO CONSIDER AN AMENDMENT
TO THE REDEVELOPMENT PLAN TO EXTEND EMINENT DOMAIN
POWERS TO ACQUIRE NON-RESIDENTIALLY OCCUPIED
PROPERTY
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WHEREAS, the Community Development Commission have previously adopted
Ordinance No. MC-733, dated June 25, 1990, which approved the Redevelopment Plan for the
Mount Vernon Corridor Redevelopment Project (the "Redevelopment Plan") in accordance with
the applicable provisions of the Community Redevelopment Law (Health and Safety Code
Section 33000 et seq.) and concurrently therewith the Mayor and Common Council certified a
Final Environmental Improvement Report (the "FEIR - Mount Vernon") for the Redevelopment
Plan in accordance with the California Environmental Quality Act of 1970, as amended
("CEQA"); and
WHEREAS, the Redevelopment Plan has subsequently been amended by
Ordinance No. 928, dated December 5, 1994; and
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WHEREAS, the Redevelopment Plan authorizes the Redevelopment Agency 0
the City of San Bernardino (the "Agency") to acquire property within the redevelopment project
area of the Mount Vernon Redevelopment Project for community redevelopment purposes by
grant, donation, negotiated purchase or lease or by exercise of eminent domain, however, under
applicable provisions of the Community Redevelopment Law the power of the Agency to
acquire property in the redevelopment project area by exercise of eminent domain shall lapse as
of June 25, 2002; and
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SB2001 1 001.1
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CDC/2001-24
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WHEREAS, conditions of blight still persist in the redevelopment project area 0
the Mount Vernon Corridor Redevelopment Project, and the resources available to the Agency to
implement the Redevelopment Plan and eliminate and reduce the spread of blight from the
redevelopment project area will be enhanced and strengthened if the Agency's power to acquire
property by exercise of eminent domain is restored; and
8 WHEREAS, it is appropriate for the Community Development Commission to
9 take certain action as provided in this Resolution with respect to the implementation 0
10 appropriate action to prevent and eliminate spread blight in the redevelopment project area of the
11 Mount Vernon Corridor Redevelopment Project.
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NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND
ORDER AS FOLLOWS:
Section 1. The recital paragraphs of this Resolution are true and correct.
Section 2. The Community Development Commission acknowledges receipt of a
staff report dated June 28, 2001, prepared by the Agency, which indicates that the extension 0
the power of the Agency to acquire property in the redevelopment project area of the Mount
Vernon Corridor Redevelopment Project by exercise of eminent domain after June 25, 2002, will
foster and promote the elimination and prevention of the spread of blight in the redevelopment
project area. The Community Development Commission further acknowledges receipt of a list
of properties (identified by assessor parcel number) in the redevelopment project area of the
Mount Vernon Corridor Redevelopment Project for which the Agency staff recommends the
extension of eminent domain acquisition powers after June 25, 2002 (the "Eminent Domain
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S82001 9001.1
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CDC/2001-24
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Restoration Listing"). The Community Development Commission is further informed that none
of the properties identified on the Eminent Domain Restoration Listing is believed to be used or
occupied for residential dwelling purposes.
Section 3.
The Community Development Commission hereby finds and
determines that the proposed amendment to the Redevelopment Plan to extend the Agency's
power to acquire property by eminent domain until June 25, 2014 shall not result in the
residential displacement of any low-income person or household nor in the residential
displacement of any moderate-income person or household on or after June 25, 2002, for the
reason that the proposed amendment shall expressly limit the Agency's power to acquire
property for community redevelopment purposes to property which is not residentially used or
occupied. The Mayor and Common Council are hereby requested to concur with this finding 0
the Community Development Commission.
Section 4. The Community Development Commission hereby acknowledges
receipt of an Initial Study, dated June 28, 2001, as prepared in accordance with CEQA with
respect to the proposed amendment to the Redevelopment Plan to extend eminent domain power
of the Agency to acquire non-residentially used or occupied properties in the redevelopment
project area of the Mount Vernon Corridor Redevelopment Project on or after June 25, 2001.
The Initial Study indicates that an addendum to the FEIR - Mount Vernon Corridor, shall be
prepared in connection with the consideration by the Community Development Commission and
the Mayor and Common Council at a public hearing of the proposed amendment to the
Redevelopment Plan. The Agency staff are hereby authorized and directed to complete the
addendum to the FEIR ~ Mount Vernon Corridor for consideration by the Community
Development Commission and the Mayor and Common Council at the time and date of the
public hearing scheduled in Section 5 of this Resolution.
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CDC/2001-24
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Section 5. The Community Development Commission hereby authorizes and
consents to conducting a joint public hearing with the Mayor and Common Council, on August
20, 2001 at the hour of 2:00 PM or as soon thereafter as may be practicable, for the purpose 0
considering an amendment to the Redevelopment Plan to extend the Agency's power to acquire
property by exercise of eminent domain on or after June 25, 2002, with respect to the properties
identified on the Eminent Domain Restoration Listing. The Agency Secretary, in cooperation
with the City Clerk, is hereby authorized and directed to give notice of the joint public hearing as
hereby ordered in the form and manner required by the California Community Redevelopment
Law.
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CDC/2001-24
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Section 6.
This Resolution shall become effective immediately upon its adoption.
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RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF
SAN BERNARDINO MAKING CERTAIN FINDINGS REGARDING A PROPOSED
AMENDMENT OF THE REDEVELOPMENT PLAN FOR THE MOUNT VERNON
CORRIDOR REDEVELOPMENT PROJECT AND SETTING THE DATE OF A JOINT
PUBLIC HEARING WITH THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO TO CONSIDER AN AMENDMENT TO THE REDEVELOPMENT
PLAN TO EXTEND EMINENT DOMAIN POWERS TO ACQUIRE NON-RESIDENTIALLY
OCCUPIED PROPERTY
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9 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community
10 evelopment Commission of the City of San Bernardino at a joint regularmeeting thereof, held
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9th day of July ,2001, by the following vote, to wit:
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CommlSSlOn
13 ESTRADA
IEN
CGINNIS
14 SCHNETZ
SUAREZ
15 NDERSON
cCAMMACK
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SB200 I 19001.l
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AYES
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NAYS
ABSTAIN
ABSENT
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'Secret~
The foregoing Resolution is hereb~pprove
JulY,2001.
s, Chairperson
ity Development Commission
ity of San Bernardino
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2 TATE OF CALIFORNIA )
OUNTY OF SAN BERNARDINO) ss
3 ITY OF SAN BERNARDINO )
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4 I, Secretary of the Community Development
ommission of the City of San Bernardino, DO HEREBY CERTIFY that the foregoing and
5 ttached copy of Community Development Commission of the City of San Bernardino Resolution
o. is a full, true and correct copy of that now on file in this office.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal
f the Community Development Commission of the City of San Bernardino this day of
,2001.
Secretary of the
Community Development Commission
of the City of San Bernardino
SB2001 9001.1
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