HomeMy WebLinkAboutCDC/2001-41
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.. (See Companion Resolution 2001-329)
RESOLUTION NO. CDC/2001-41
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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 EAST
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 Mayor and Common Council have previously adopted Ordinance No.
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3571, dated May 3, 1976, which approved the Redevelopment Plan for the Central City East
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Redevelopment Project (the "Redevelopment Plan") in accordance with the applicable
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provisions of the Community Redevelopment Law (Health and Safety Code Section 33000 et
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seq.); and
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WHEREAS, concurrent with adoption of the Redevelopment Plan, the Mayor and
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Common Council certified a Final Environmental Improvement Report (the "1976 FEIR -
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Central City East") for the Redevelopment Plan as amended in accordance with the California
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Environmental Quality Act of 1970, as amended ("CEQA"); and
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WHEREAS, the Redevelopment Plan has subsequently been amended by Ordinance No.
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33470, and further amended by Ordinance No. MC-563, dated December 8, 1986; and
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WHEREAS, the Redevelopment Plan was further amended after 1986 by Ordinance No.
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MC-721, dated April 2, 1990, and by Ordinance No. MC-918, dated December 20, 1994; and
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WHEREAS, the Redevelopment Plan as amended in 1986 authorized the
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Redevelopment Agency of the City of San Bernardino (the "Agency") to acquire property
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within the redevelopment project area of the Central City East Redevelopment Project for
community redevelopment purposes by grant, donation, negotiated purchase or lease or by
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exercise of eminent domain, which power to acquire land by eminent domain however, lapsed
in 1999 under applicable provisions of the Community Redevelopment Law; and
WHEREAS, conditions of blight still persist in the redevelopment project area of the
Central City East Redevelopment Project, and the resources available to the Agency to
implement the Redevelopment Plan, as amended 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
WHEREAS, it is appropriate for the Community Development Commission of the City
of San Bernardino (the "Commission") as the governing board of the Agency to take certain
action as provided in this Resolution with respect to the implementation of appropriate action to
prevent and eliminate spread blight in the redevelopment project area of the Central City East
Redevelopment Project.
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.
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Section 2. The Community Development Commission acknowledges receipt of a staff
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report dated October 15, 2001, prepared by the Agency, which indicates that the restoration of
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the power of the Agency to acquire property in the redevelopment project area of the Central
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City East Redevelopment Project by exercise of eminent domain will foster and promote the
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elimination and prevention of the spread of blight in the redevelopment project area. The
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Community Development Commission further acknowledge receipt from the Agency of a list of
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properties (identified by assessor parcel number) in the redevelopment project area of the
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Central City East Redevelopment Project, which the Agency recommends for the restoration of
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eminent domain acquisition powers (the "Eminent Domain Restoration Listing"). The
Community Development Commission is further informed by the Agency that none of the
properties identified on the Eminent Domain Restoration Listing is believed to be used or
occupied for residential dwelling purposes at the time of adoption of this resolution.
Section 3 The Community Development Commission hereby acknowledges its receipt
and approval of, a draft, dated October 15, 2001, of the text of the proposed amendment to the
Redevelopment Plan, as previously amended, which, if finally adopted, shall reinstate the power
of the Agency to acquire certain non-residential use and/or occupied units in the project area for
twelve (12) years following the adoption of an ordinance of the Mayor and Common Council
approving such an amendment.
Section 4. The Community Development Commission hereby finds and determines that
the proposed amendment to the Redevelopment Plan, as amended, to restore the Agency's
power to acquire property by eminent domain shall not result in the residential displacement of
any low-income persons 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. In view of this finding, the Community
Development Commission hereby determine in accordance with Health and Safety Code
Section 33385 that further consideration of the proposed amendment to the Redevelopment Plan
shall not require the formation or consultation with a project area committee, as no low-or-
moderate income person or household shall be displaced by any project which may be
undertaken by the Agency on property hereafter acquired by eminent domain.
Section 5. The Community Development Commission hereby acknowledges receipt of
an Initial Study, dated October 15,2001, as prepared in accordance with CEQA with respect to
the proposed amendment to the Redevelopment Plan to restore eminent domain power of the
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Agency to acquire non-residentially used or occupied properties in the redevelopment project
area of the Central City East Redevelopment Project. The Initial Study indicates that an
addendum to the 1976 FEIR - Central City East, shall be prepared in connection with the
consideration by the Community Development Commission of the City of San Bernardino and
the Mayor and Common Council at a public hearing of the proposed amendment to the
Redevelopment Plan, as amended. The Agency staff are hereby authorized and directed to
complete the addendum to the 1976 FEIR - Central City East for consideration by the
Community Development Commission at the time and date of the public hearing scheduled in
Section 6 of this Resolution.
Section 6. The Community Development Commission hereby authorizes and consents
to conducting a joint public hearing with the Mayor and Common Council of the City of San
Bernardino, on November 19, 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
reinstate 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 City Clerk, in
cooperation with the Agency Secretary, 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.
This Resolution shall become effective immediately upon its adoption.
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CDC/2001-41
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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 EAST
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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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
Community Development Commission of the City of San Bernardino at a ioint regular
meeting thereof, held on the 15th day of October ,2001, by the following vote to wit:
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Commission Members: Aves Nays
ESTRADA X
LIEN ~
MCGINNIS X
SCHNETZ ~
SUAREZ X
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ANDERSON ---L-
MC CAMMACK X
Abstain
Absent
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The foregoing resolution is hereby approved this It 1f/ day of
,2001.
October
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"'\ r I' ~.
~! tL{~
J ucjIiliV alles, Chairperson
C~mmunity Development Commission
City lof San Bernardino
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Approved as to form and Legal Content:
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