HomeMy WebLinkAboutCDC/2001-25
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(See Companion Resolution CDC/2001-24, 2001-225, 2001-226)
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RESOLUTION NO. CDC/2001-25
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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 CENTRAL CITY
SOUTH 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 RESTORE EMINENT DOMAIN POWERS TO ACQUIRE
NON-RESIDENTIALLY OCCUPIED PROPERTY
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WHEREAS, the Community Development Commission have previously
adopted Ordinance No. 3572, dated May 3, 1976, which approved the Redevelopment Plan
for the Central City South 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 - Central City South") 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. MC-599, dated December 23, 1986, and further amended by Ordinance No.
MC-919, dated December 5, 1994; and
WHEREAS, the Redevelopment Plan authorizes the Redevelopment Agency
of the City of San Bernardino (the "Agency") to acquire property within the redevelopment
project area of the Central City South 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 and the 1986
amendment to the Redevelopment Plan, the power of the Agency to acquire property in the
redevelopment project area by exercise of eminent domain lapsed in 1998; and
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WHEREAS, conditions of blight still persist in the redevelopment project area
of the Central City South 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 of
9 the City of San Bernardino (the "Community Development Commission") as the governing
10 board of the Agency to take certain action as provided in this Resolution with respect to the
11 implementation of appropriate action to prevent and eliminate spread blight in the
12 redevelopment project area of the Central City South 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
restoration of the power of the Agency to acquire property in the redevelopment project area
of the Central City South Redevelopment Project by exercise of eminent domain will foster
and promote the elimination and prevention of the spread of blight in the redevelopment
project area. The Community Development Commission further acknowledges of a list of
properties (identified by assessor parcel number) in the redevelopment project area of the
Central City South Redevelopment Project for which the Agency staff recommends the
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restoration of eminent domain acquisition powers (the "Eminent Domain 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.
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Section 3.
The Community Development Commission hereby finds and
determines that the proposed amendment to the Redevelopment Plan to restore the Agency's
power to acquire property by eminent domain 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 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 of the Community Development Commission.
Section 4. The Community Development Commission hereby acknowledges
receipt of an Initial Study, dated July 28, 2001, as prepared in accordance with CEQA with
respect to the proposed amendment to the Redevelopment Plan to restore eminent domain
power of the Agency to acquire non-residentially used or occupied properties in the
redevelopment project area of the Central City South Redevelopment Project. The Initial
Study indicates that an addendum to the FEIR - Central City South, 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 - Central City South for consideration by the Community
Development Commission Mayor and Common Council at the time and date of the public
hearing scheduled in Section 5 of this Resolution.
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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 of considering an amendment to the Redevelopment Plan to restore the Agency's
power to acquire property by exercise of eminent domain 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/2001-25
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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 CENTRAL CITY SOUTH
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 RESTORE EMINENT DOMAIN POWERS TO ACQUIRE NON-RESIDENTIALLY
OCCUPIED PROPERTY
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Section 6.
This Resolution shall become effective immediately upon its adoption.
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 j oint regular
11 meeting thereof, held on the
9th day of July ,2001, by the following vote, to wit:
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Commission
ESTRADA
LIEN
MCGINNIS
SCHNETZ
SUAREZ
ANDERSON
McCAMMACK
AYES
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X
X
X
X
X
X
NAYS
ABSTAIN
ABSENT
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The foregoing Resolution is hereby approve this lJ1f\ day of July ,2001.
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es, Chairperson
nity Development Commission
ity of San Bernardino
By:
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STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
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I, Secretary of the Community Development
Commission of the City of San Bernardmo, DO HEREBY CERTIFY that the foregoing and
attached copy of Community Development Commission of the City of San Bernardino
Resolution No. is a full, true and correct copy of that now on file in this office.
6 I IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
7 . I official seal of the Community Development Commission of the City of San Bernardino this
I day of ,2001.
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Secretary of the
Community Development Commission
ofthe City of San Bernardino
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