HomeMy WebLinkAboutCDC/2004-17
(See Companion Resolution 2004-153)
RESOLUTION NO. CDCj2004-17
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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 AMENDED AND
RESTATED REDEVELOPMENT PLAN TO INCLUDE REINSTATING
CERTAIN EMINENT DOMAIN POWERS TO THE CENTRAL CITY
NORTH 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.
3366, dated August 6, 1973, which approved the Redevelopment Plan for the Central City
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North 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-561, dated December 8, 1986, by Ordinance No. MC-719, dated April 2, 1990, by
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Ordinance No. MC-920, dated December 20, 1994, and further amended by Ordinance No. MC-
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1154, dated December 1,2003; and
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WHEREAS, the Redevelopment Plan as amended in 1986 authorized the
Redevelopment Agency of the City of San Bernardino (the "Agency") to acquire property
within the redevelopment project area of the Central City North Redevelopment Project for
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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
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in 1998 under applicable provisions of the Community Redevelopment Law; and
WHEREAS, conditions of blight still persist in the redevelopment project area of the
Central City North 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
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CDC/2004-17
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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 the spread of blight in the redevelopment project area of the Central City
North 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 proj ect area of the Central
City North 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.
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CDCj2004-17
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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
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/2004-17
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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
AMENDED AND RESTATED REDEVELOPMENT PLAN TO INCLUDE
REINSTATING CERTAIN EMINENT DOMAIN POWERS TO THE
CENTRAL CITY NORTH 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
7 Community Development Commission of the City of San Bernardino at a it. reg. meeting
8 thereof, held on the 7th day of June , 2004, by the following vote to wit:
9 Commission Members: Ayes Nays Abstain Absent
10 ESTRADA x
11 LONGVILLE ~
MCGINNIS ~
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DERRY ----X-
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KELLEY ~
14 JOHNSON
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15 MC CAMMACK x
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The foregoing resolution is hereby approved this IO-r1v day of
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June
,2004.
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~ ~~K1--
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'Esther Estrada, Vice-Chairperson
lCommunity Development Commission
'City of San Bernardino
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