HomeMy WebLinkAboutCDC/2001-48
(See Companion Resolution 2001-341)
RESOLUTION NO. CDC/2001-48
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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 MEADOWBROOK/CENTRAL
CITY 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 Nos.
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2233 and 2649, dated July 21, 1958, and February 23, 1965, respectively, which approved the
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Redevelopment Plans for the Meadowbrook/Central City Redevelopment Project (the
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"Redevelopment Plan") in accordance with the applicable provisions of the Community
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Redevelopment Law (Health and Safety Code Section 33000 et seq.); and
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WHEREAS, the Redevelopment Plan has subsequently been amended by Ordinance No.
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3059, dated March 16, 1970, and the redevelopment project areas of the Central City
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Redevelopment Project and the Meadowbrook Redevelopment Project were merged for
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financial purposes and further amended by Ordinance No. 3683, dated November 7, 1977; and
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concurrently with the 1977 amendment the Mayor and Common Council certified a Final
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Environmental Improvement Report (the "1976 FEIR - Meadowbrook/Central City") for the
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Redevelopment Plan as amended in accordance with the California Environmental Quality Act
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of 1970, as amended ("CEQA"); and
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WHEREAS, the Redevelopment Plan was further amended after 1977 by Ordinance No.
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33470, dated 1983, by Ordinance Nos. MC-558 and 559, each dated December 8, 1986, by
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Ordinance No. MC-723, dated April 2, 1990 and further amended by Ordinance No. MC-916,
dated December 20, 1994; and
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WHEREAS, the Redevelopment Plan as amended in 1986 authorized the
2 Redevelopment Agency of the City of San Bernardino (the "Agency") to acquire property
3 within the redevelopment project area of the Meadowbrook/Central City Redevelopment Project
4 for community redevelopment purposes by grant, donation, negotiated purchase or lease or by
5 exercise of eminent domain, which power to acquire land by eminent domain however, lapsed
6 in 1999 under applicable provisions of the Community Redevelopment Law; and
7 WHEREAS, conditions of blight still persist in the redevelopment project area of the
8 Meadowbrook/Central City Redevelopment Project, and the resources available to the Agency
9 to implement the Redevelopment Plan, as amended and eliminate and reduce the spread of
10 blight from the redevelopment project area will be enhanced and strengthened if the Agency's
11 power to acquire property by exercise of eminent domain is restored; and
12 WHEREAS, it is appropriate for the Community Development Commission of the City
13 of San Bernardino (the "Commission") as the governing board of the Agency to take certain
14 action as provided in this Resolution with respect to the implementation of appropriate action to
15 prevent and eliminate spread blight in the redevelopment project area of the
16 Meadowbrook/Central City Redevelopment Project.
17 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF
18 THE CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND
19 ORDER AS FOLLOWS:
20 Section 1. The recital paragraphs of this Resolution are true and correct.
21 Section 2. The Community Development Commission acknowledges receipt of a staff
22 report dated November 5,2001, prepared by the Agency, which indicates that the restoration of
23 the power of the Agency to acquire property in the redevelopment project area of the
24 Meadowbrook/Central City Redevelopment Project by exercise of eminent domain will foster
25 and promote the elimination and prevention of the spread of blight in the redevelopment project
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area. The Community Development Commission further acknowledge receipt from the Agency
2 of a list of properties (identified by assessor parcel number) in the redevelopment project area of
3 the Meadowbrook/Central City Redevelopment Project, which the Agency recommends for the
4 restoration of eminent domain acquisition powers (the "Eminent Domain Restoration Listing").
5 The Community Development Commission is further informed by the Agency that none of the
6 properties identified on the Eminent Domain Restoration Listing is believed to be used or
7 occupied for residential dwelling purposes at the time of adoption of this resolution.
8 Section 3 The Community Development Commission hereby acknowledges the receipt
9 and approval of a draft, each dated November 5, 2001, of the text of the proposed amendments
10 to the applicable section of the Redevelopment Plan, as previously amended (one section
11 amends the property acquisition procedures for the "Meadowbrook" area of the redevelopment
12 project area, and the other section amends the property acquisition procedures for the "Central
13 City" area of the redevelopment project area), which, if finally adopted, shall reinstate the
14 power of the Agency to acquire certain non-residential use and/or occupied properties in the
15 project area for twelve (12) years following the adoption of an ordinance of the Mayor and
16 Common Council approving such an amendment.
17 Section 4. The Community Development Commission hereby finds and determines that
18 the proposed amendment to the Redevelopment Plan, as amended, to restore the Agency's
19 power to acquire property by eminent domain shall not result in the residential displacement of
20 any low-income persons or household nor in the residential displacement of any moderate-
21 income person or household for the reason that the proposed amendment shall expressly limit
22 the Agency's power to acquire property for community redevelopment purposes to property
23 which is not residentially used or occupied. In view of this finding, the Community
24 Development Commission hereby determine in accordance with Health and Safety Code
25 Section 33385 that further consideration of the proposed amendment to the Redevelopment Plan
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shall not require the formation or consultation with a project area committee, as no low-or-
2 moderate income person or household shall be displaced by any project which may be
3 undertaken by the Agency on property hereafter acquired by eminent domain,
4 Section 5. The Community Development Commission hereby acknowledges receipt of
5 an Initial Study, dated November 5, 2001, as prepared in accordance with CEQA with respect to
6 the proposed amendment to the Redevelopment Plan to restore eminent domain power of the
7 Agency to acquire non-residentially used or occupied properties in the redevelopment project
8 area of the Meadowbrook/Central City Redevelopment Project. The Initial Study indicates that
9 an addendum to the 1975 FEIR - Meadowbrook/Central City, shall be prepared in connection
10 with the consideration by the Community Development Commission of the City of San
11 Bernardino and the Mayor and Common Council at a public hearing of the proposed
12 amendment to the Redevelopment Plan, as amended. The Agency staff are hereby authorized
13 and directed to complete the addendum to the 1975 FEIR - Meadowbrook/Central City for
14 consideration by the Community Development Commission at the time and date of the public
15 hearing scheduled in Section 6 of this Resolution.
16 Section 6. The Community Development Commission hereby authorizes and consents
17 to conducting a joint public hearing with the Mayor and Common Council of the City of San
18 Bernardino, on December 3, 2001 at the hour of 2:00 PM, or as soon thereafter as may be
19 practicable, for the purpose of considering an amendment to the Redevelopment Plan to
20 reinstate the Agency's power to acquire property by exercise of eminent domain with respect to
21 the properties identified on the Eminent Domain Restoration Listing. The City Clerk, in
22 cooperation with the Agency Secretary, is hereby authorized and directed to give notice of the
23 joint public hearing as hereby ordered in the form and manner required by the California
24 Community Redevelopment Law.
25 Section 7. 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 MEADOWBROOK/CENTRAL
CITY 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
8 Community Development Commission of the City of San Bernardino at a joint regular
meeting thereof, held on the 5th day of November ,2001, by the following vote to wit:
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Commission Members: Ayes Nays Abstain Absent
ESTRADA ~
LIEN ~
MCGINNIS ~
SCHNETZ ~
SUAREZ ~
ANDERSON x
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MC CAMMACK x
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November
The foregoing resolution is hereby approved this 171-f
,2001.
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22 Approved as to form and Legal Content:
hairperson
Development Commission
Bernardino
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24 By:.
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