HomeMy WebLinkAboutCDC/2004-16
(See Companion! Resolution 2004-152)
RESOLUTION NO. CDC/2004-16
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A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO SETTING THE JOINT PUBLIC
HEARING DATE OF JULY 19, 2004 AT 4:00 P.M. WITH THE MAYOR
AND COMMON COUNCIL TO CONSIDER THE AMENDMENT
REINSTATING CERTAIN EMINENT DOMAIN POWERS TO THE
UPTOWN REDEVELOPMENT PROJECT AREA AND CERTIFICATION
OF THE ENVIRONMENTAL IMPACT REPORT.
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WHEREAS, the Mayor and Common Council have previously adopted Ordinance No.
MC-527, dated June 18, 1986, which approved the Redevelopment Plan for the Uptown
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Redevelopment Project (the "Redevelopment Plan") in accordance with the applicable
provisions of the Community Redevelopment Law (Health and Safety Code Section 33000 et
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WHEREAS, the Redevelopment Plan has subsequently been amended by Ordinance No.
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MC-927, dated December 20, 1994, and further amended by Ordinance No. MC-116l, dated
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December 1,2003; and
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WHEREAS, the Redevelopment Plan authorized the Redevelopment Agency of the City
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of San Bernardino (the "Agency") to acquire property within the redevelopment project area of
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the Uptown Redevelopment Project for community redevelopment purposes by grant, donation,
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negotiated purchase or lease or by exercise of eminent domain, which power to acquire land by
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eminent domain however, lapsed in 1998 under applicable provisions of the Community
Redevelopment Law; and
WHEREAS, conditions of blight still persist in the redevelopment project area of the
Uptown 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
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redevelopment project area will be enhanced and strengthened if the Agency's power to acquire
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property by exercise of eminent domain is restored; and
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CDC/2004-16
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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 the spread of blight in the redevelopment project area of the Uptown
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.
Section 2. The Community Development Commission acknowledges receipt of a
Staff Report dated May 25, 2004, 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 Uptown
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.
Section 3. 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 may result in the residential displacement of low-
income persons or household and in the residential displacement of any moderate-income
person or household. In view of this finding, the Community Development Commission hereby
determines in accordance with Health and Safety Code Section 33385 that further consideration
of the proposed amendment to the Redevelopment Plan shall require the formation or
consultation with a project area committee, as low- or moderate-income person or household
may be displaced by any project which may be undertaken by the Agency on property hereafter
acquired by eminent domain.
Section 4. The Community Development Commission hereby authorizes the draft
text amendment dated May 2004, the draft Report to Mayor and Common Council, dated May
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CDc/2004-16
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2004, and Environmental Impact Report, for release for public review and distribution to the
taxing agencies and other interested parties. Copies of said draft documents are on file with the
Secretary of the Redevelopment Agency of the City of San Bernardino.
Section 5. 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 July 19, 2004 at the hour of 4:00 p.m., 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. 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.
The Resolution shall become effective immediately upon its adoption.
Section 6.
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CDC/2004-16
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A RESOLUTION OF THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF SAN BERNARDINO SETTING THE
JOINT PUBLIC HEARING DATE OF JULY 19, 2004 AT 4:00 P.M. WITH
THE MAYOR AND COMMON COUNCIL TO CONSIDER THE
AMENDMENT REINSTATING CERTAIN EMINENT DOMAIN
POWERS TO THE UPTOWN REDEVELOPMENT PROJECT AREA
AND CERTIFICATION OF THE ENVIRONMENTAL IMPACT REPORT.
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
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Community Development Commission of the City of San Bernardino at a it. reg. meeting
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, 2004, by the following vote to wit:
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thereof, held on the 7th day of June
Commission Members: Ayes Navs
ESTRADA X
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LONGVILLE X
MCGINNIS ~
DERRY ----X-
KELLEY ----X-
JOHNSON --.1L
MC CAMMACK
Abstain
Absent
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The foregoing resolution is hereby approved this Ibm day of
June
,2004.
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E~ther Estrada, Vice-Chairperson
Community Development Commission
City of San Bernardino
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By:
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