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Home My WebLink AboutR32-Economic Development Agency MAYOR & COMMON COUNCIL MEETING BACKUP MEETING DATE: November 19, 2001 Mayor & Common Council / GROUP MEETING: Community Development Commission DEPUTY: Linda Sutherland *** No backup materials are included for the following items. *** ITEM # STATUS 20 Continued to December 3, 2001 21 Continued to December 3, 2001 22 Continued to December 3, 2001 24 Laid Over 25 Continued to December 3, 2001 27 Laid Over 28 Laid Over 29 Continued to December 17, 2001 30 Continued to December 3, 2001 R32 Laid Over (Ordinance only) ECONOMIC DEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO FROM: Gary Van Osdel Executive Director SUBJECT: AMENDMENT TO RE-ESTABLISH EMINENT DOMAIN POWER ON NON- RESIDENTIAL PROPERTY IN THE CENTRAL CITY EAST REDEVELOPMENT PROJECT DATE: November 8, 200 I ( . ""L \.1.-. ,-,;~,vri Svnopsis of Previous Commission/Council/Committee Action(s): In July of 2000, the Community Development Commission directed staff to initiate amendments to several redevelopment project areas in which powers of eminent domain had lapsed or were about to lapse. .nm....._m.._............._......._._mmmmmmn_.. (Svnopsis Continued to Next Pa!!e...) m...mm..m......mmm._..._n..._n....__._m..m Recommended Motion(s): OPEN PUBLIC HEARING CLOSE PUBLIC HEARING (Communitv Development CommissionlMavor and Common Council ) -IF WRITTEN OR ORAL OBJECTIONS ARE PRESENTED-- MOTION A: Close the Joint Public Hearing and consider written objections to the 2001 Eminent Domain Amendment and direct preparation of written findings in response thereto as applicable. --IF NO WRITTEN OR ORAL OBJECTIONS ARE PRESENTED - lCommunitv Develooment Commission) MOTION B: RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, MAKING A FINDING THAT CONDITIONS OF BLIGHT BURDEN THE REDEVELOPMENT PROJECT AREA OF THE CENTRAL CITY EAST REDEVELOPMENT PROJECT AREA, APPROVING THE SECTION 33352 REPORT TO THE MAYOR AND COMMON COUNCIL ON THE 2001 EMINENT DOMAIN AMENDMENT TO THE CENTRAL CITY EAST REDEVELOPMENT PROJECT, APPROVING THE 2001 DOMAIN AMENDMENT TO THE REDEVELOPMENT PLAN, AND RECOMMENDING THE CERTIFICATION OF THE ADDENDUM TO THE 1975 ENVIRONMENTAL IMPACT REPORT. ._____________~___________________________________________________________.___ lMotion{ s) Continued To Next Pal!e...) ____n_________n________.____._________________n_'_. Contact Person(s): Gary Van OsdellMargaret Park, AICP Project Area(s) Central City East (CCE) Phone: 663-1044 Ward(s): One (I) Supporting Data Attached: 1>"1 Staff Report 1>"1 Resolution(s) (;'I Ordinance (;'IMap(s) (;'I Spreadsheets FUNDING REQUIREMENTS Amount: $ N/A Source: N/A SIGNATURE: Requested -.commissi;,-;;/C-;;~~_;:ii.Noi_;,.;,...-------------------.--.--.__.____..m_..._._._._._.___..m______.__.__.____._.._____.__._._._.__......_________m_ Q()c 12(X)~ -SO GVO;MP;lag;II-19-01 Eminent Domain CCE COMMISSION MEETING AGENDA Meeting Date: 11/1912001 Agenda Item Number: R3a- REQUEST FOR COMMISSION/COUNCIL ACTION Amendment To Re-Establish Eminent Domain - CCE November 8, 2001 Page Number 2 Synopsis of Previous Commission/Council/Committee Action(s) Continued: On September 20,2001 the RDA Committee recornmended to the Community Development Cornmission that a joint public hearing be scheduled with the Mayor and Cornmon Council for this proposed Amendment. On October IS, 2001, the Cornmunity Development Cornmission approved a request for a joint public hearing on November 19, 2001 with the Mayor and Common Council to consider this proposed Amendment. Recommended Motion(s) Continued: (Mavor And Common Council) MOTION C: ORDINANCE APPROVING THE 33352 REPORT TO THE MAYOR AND COMMON COUNCIL AND ADOPTING THE 2001 EMINENT DOMAIN AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE CENTRAL CITY EAST REDEVELOPMENT PROJECT, AND CERTIFYING THE ADDENDUM TO THE 1975 ENVIRONMENTAL IMPACT REPORT. GVO:MP:lag: 11-19-01 Eminent Domain CCE COMMISSION MEETING AGENDA Meeting Date: 11/19/2001 Agenda Item Number: 1\3;;... ECONOMIC DEVELOPMENT AGENCY STAFF REPORT Amendment To Re-Establish Eminent Domain Power On Non-Residential Property In The Central City East Redevelopment Proiect BACKGROUND In July of 2000, the Cornmunity Development Cornmission directed staff to initiate amendments to several redevelopment project areas in which powers of eminent domain had lapsed or were about to lapse. The purpose of the amendments would be to reinstate the power of eminent domain on a limited basis over those properties in each project area that are non-residential land uses under the General Plan and are currently being used for non-residential purposes. These proposed amendments would not affect residentially designated and used property. Residentially used or designated property will not be subject to acquisition by the Agency's exercise of power of eminent domain. Such residentially used and designated property may only be acquired by the Agency on a voluntary and negotiated basis with the owner of such land. The Agency has undertaken proceedings for the adoption of the 2001 Eminent Domain Amendment to the Redevelopment Plan ("Plan") for the Central City East Redevelopment Project Area ("2001 Amendment"). The proposed 2001 Amendment would amend the existing Redevelopment Plan to re-establish the Agency's eminent domain authority for a 12-year time period for all non-residentially used or designated properties. The Agency's existing eminent domain authority was restricted to a 12-year time limit, which expired on January 8, 1999. Under the California Cornmunity Redevelopment Law ("Law"), the Plan's eminent domain time limit may be extended by up to 12 years if the Agency undertakes plan amendment efforts prescribed by the Law. As the Agency envisions possible land acquisition and assistance activities for cornmercial owner participants and/or potential commercial developer proposals for future redevelopment projects, the Agency is proposing to amend the Plan to extend the eminent domain time limit by 12 years, or to November, 2013. CURRENT ISSUE On October 25'\ 2001, Agency staff conducted a public information workshop to present the proposed amendment, explain the process, and answer questions from attendees. This workshop was announced by mailed notice to owners of land in the redevelopment project area of the Central City East Redevelopment Project and to all occupants of property-both cornmercial and residential. About twenty people attended the workshop. Mailed notice of the joint public hearing was sent to all owners of property and to "occupants" of property within the redevelopment project area on October 18th, 2001. GVO:MP:lag:11-19-01 Eminent Domain CCE COMMISSION MEETING AGENDA Meeting Date: 11/19/2001 Agenda Item Number: /(3'J- Economic Development Agency Staff Report Re-Establish Eminent Domain - CCE November 8, 2001 Page Number -2- Section 33352 of Community Redevelopment Law provides that when the Agency submits an amendment to the redevelopment plan to the Mayor and Common Council ("Council") for adoption, the Agency must also submit a 14-part report entitled the Report to Mayor and Common Council ("Report"). For a redevelopment plan amendment, the contents of the Report are only those portions warranted by the proposed amendment. The purpose of this Report is to provide, in one document, all information, documentation, and evidence regarding the 2001 Amendment to assist the Council in its consideration and in making various findings and determinations that are legally required to adopt the 2001 Amendment. This Report to Mayor and Cornmon Council has been prepared in accordance with all requirements of Sections 33457.1 and 33352 of the Law. During the joint public hearing the Commission and the Council will consider the information presented by the Agency staff and consultants regarding the Report and the 2001 Amendments. Testimony and cornments of interested members of the public will also be received. If one or more written objections are presented to the Council before or during the joint public hearing on November 19, 2001, a written response to such objections must be prepared and considered before the 2001 Amendment may be adopted. By adopting the attached resolution of the Cornmunity Development Cornmission at the conclusion of the joint public hearing, the Commission will approve the Report and the proposed eminent domain amendment and authorize Agency staff to transmit the Report to Mayor and Common Council and the 2001 Eminent Domain Amendment to the Mayor and Cornmon Council. ENVIRONMENTAL DETERMINATION In 1975, an Environmental Impact Report was prepared and certified the Overall Central City Project Area, inclusive of the Central City East redevelopment project area. Lilburn Corporation prepared an Addendum to the EIR and concluded that the environmental setting had not changed sufficient for this proposed amendment to create significant environmental impacts to the area. The Addendum to the EIR is comprised of the Initial Study and a cover letter summarizing the consultant's findings. The proposed form of the ordinance approving the 2001 Amendment contains a finding that certifies the Addendum to the 1975 EIR. FISCAL IMPACT Consultant contracts that have already been approved and budgeted are already in place for Central City East. GVO:MP:lag: 11-19-01 Eminent Domain CCE COMMISSION MEETING AGENDA Meeting Date: 11/19/2001 Agenda Item Number: ~ Economic Development Agency Staff Report Re-Establish Eminent Domain - CCE November 8, 2001 Page Number -3- RECOMMENDATION That the Community Development Cornmission and the Mayor and Common Council: 1. Close the joint public hearing and consider written and oral objections to the 2001 Eminent Domain Amendment and direct preparation of written findings in response thereto, as applicable; and 2. (Cornmission Action) Adopt the resolution approving the Report to the Mayor and Common Council for the Central City East Redevelopment Project Area; and the EXHIBITS: I. Redevelopment Project Area Map 2. Text of proposed 2001 Amendment 3. Report to Mayor and Connnon Council 4. List of Non-residential parcels affected by the Amendment 5. Copies of written objections received by City Clerk as of the November 12,2001 6. Addendum to the Environmental Impact Report 7. Resolution 8. Ordinance -------------------------------------------------------------------------------------------------------------------------------------------- GVO:MP:lag: 11-19-01 Eminent Domain CCE COMMISSION MEETING AGENDA Meeting Date: 1I/19/2001 Agenda Item Number: ~3J.. EXHIBIT 1 REDEVELOPMENT PROJECT AREA MAP CENTRAL CITY EAST Q I ;;; c l Ninth Street I I D Seventh Street . ] ] . , o . ~ ." . . .., ~ "" [Jilljl Sixth Street ] l . Third Street . n -. I 1 . . I . . I . i[ ~ o ~[ ~ ~I EXHIBIT 1 EXHIBIT 2 TEXT OF PROPOSED 2001 AMENDMENT Central City East Redevelopment project Area 2001 Bninent DOmain Amendment to the Plan Exhibit 2 AdOpted: Ordinance No.: Redevelopment Agency of the City of san Bernardino . TABLE OF CONTENTS Section Paqe I ntrod uctio n ....... .................................................................... ................ ...........3 Amendment .....................................................................................................4 2001 EMINENT DOMAIN AMENDMENT to the REDEVELOPMENT PLAN for the CENTRAL CITY EAST REDEVELOPMENT PROJECT AREA INTRODUCTION The Common Council of the City of San Bernardino ("Common Council") approved and adopted the Redevelopment Plan for the Central City East Redevelopment Project Area ("Project Area") on May 3, 1976, by Ordinance NO. 3571. pursuant to the adoption of Health and Safety Code Section 33476, Central City East was merged in 1986 with the Central City project with the passage of Ordinance MC-563. Ordinance MC-721 amended the Plan in 1990. Finally, on December 20,1994, the Common Council adopted Ordinance No. MC-918 establishing certain time and financial limitations imposed by the passage of Assembly Bill 1290 in 1993. The 2001 Eminent Domain Amendment to the Redevelopment Plan for the Central City East Redevelopment project ("2001 Amendment") makes certain changes to the text of the Plan to accomplish the following objectives: to re-establish the Redevelopment Agency of the City of San Bernardino's ("Agency") power of eminent domain within the Project Area for twelve (12) years for non-residentially occupied or used properties to enable the Agency to retain all tools available to the Agency in implementing the Redevelopment Plan. The changes by this Amendment are not to be construed to amend, modify, change or affect in any other provisions of the text of the Plan and does not add or delete territory from the boundaries of the Central City East Redevelopment Project Area. The Plan is hereby amended as follows: . ,. 2001 EMINENT DOMAIN AMENDMENT to the REDEVELOPMENT PLAN for the CENTRAL CITY EAST REDEVELOPMENT PROJECT AREA AMENDMENT That Subsection "A" of the Redevelopment Plan, as previously amended, entitled "Property Acquisition of Section IV. PROPOSED REDEVELOPMENT ACTIVITIES" is hereby amended to read as follows: "A. prooertv Acauisition 1. Acauisition of Real prooertv "The Agency may acquire, purchase, lease, obtain option, or otherwise acquire any interest in real property, and any improvements on it by any means authorized by law, including by gift, grant, exchange, purchase, cooperative negotiations, lease, and any other means authorized by law including the use of eminent domain for purposes of redevelopment in the project Area as authorized by law. Not withstanding the provisions of the preceding sentence, the Agency shall not acquire by eminent domain any property within the Project Area on which a person or persons reside or any property which is either designated under applicable General Plan or zoning regulations as residential property, as of the date when the Agency transmits its written offer to acquire such property to the owner thereof in accordance with Government Code Section 7267.2, or other applicable law. The Agency is not authorized to acquire real property owned by public bodies, which do not consent to such acquisition. The Agency is authorized, however, to acquire public property, if it is transferred to private ownership before the Agency completes land disposition within the entire project Area, unless the Agency and the private owner enter into a participation agreement. The Agency shall not acquire real property on which an existing building is to be continued on its present site and in Page 4 its present form and use without consent of the owner, unless (1) such building requires structural alterations, improvement, modernization or rehabilitation, or (2) the site or lot on which the building is situated requires modification in size, shape or use, or (3) it is necessary to impose upon such property any of the standard, restrictions and controls of the Plan and the owner fails or refuses to participate in the Plan by executing a participation agreement. 2. Acauisition of Personal prooertv Generally, personal property shall not be acquired. However, where necessary in the execution of this Plan, the agency Is authorized to aCQUire personal property in the project Area by any lawful means. 3. Time Limit for Commencement of Eminent Domain The Agency shall not initiate legal proceedings to aCQUire an interest in real property by the exercise of the power of eminent domain after the twelfth anniversary (12th) following the effective date of the ordinance last amending this Section IV.A.3." Page 5 EXHIBIT 3 REPORT TO MAYOR AND COMMON COUNCIL . . . . . . . 2001 EtninentDomainAmendmentto 1he Central City East Redevelopment Plan Report to Mayor and Common CounGil . . . November 19,2001 . . . . . City of San Bernardino Redevelopment Agency 201 North "E", Suite 301 San Bernardino, CA 92410 Rosenow Spevacek Group, Inc. 540 N. Golden Circle, Suite 305 Santa Ana, CA 92705 Phone 714.541.4585 Fax 714.836.1748 E-Mail;RSGINCCA@aol.com No e,-32. " \ \ Il 11\, TABLE OF CONTENTS SECTION PAGE INTRODUCTION ....................................................................................................i SECTION A ............................................................................................... A-1 Reasons for the Amendment and a Description of Specific Projects and How These Projects Will Improve or Alleviate Blighting Conditions Found in the Project Area SECTION B ............................................................................................... B-1 A Description of the Physical and Economic Conditions Existing in the Project Area SECTION C ............................................................................................... C-1 Five- Year Implementation Plan SECTION D ............................................................................................... D-1 Why the Elimination of Blight and Redevelopment Cannot Be Accomplished by Private Enterprise Acting Alone or by the Agency's Use of Financing Alternatives Other Than Tax Increment SECTION E ............................................................................................... E-1 The Method of Financing SECTION F The Relocation Plan ................................................................................................ F-1 SECTION G ............................................................................................... G-1 Analysis of the Preliminary Plan SECTION H ............................................................................................... H-1 Report and Recornmendation of the Planning Cornmission SECTION I .................................................................................................1-1 Project Area Committee SECTION J ................................................................................................J-1 General Plan Conformance SECTION K ............................................................................................... K-1 Environmental Documentation S ECTI ON...................... .............................................. ....... ........ .............................. P AGE SECTION L ................................................................................................L-1 Report of the County Fiscal Officer SECTION M ...............................................................................................M-1 Neighborhood Impact Report SECTION N ............................................................................................... N-1 A Summary of the Agency's Consultation With Affected Taxing Agencies EXHIBITS Exhibit 1 - Central City East Redevelopment Project Area Map Exhibit 2 - Photo Survey/Sample of Existing Conditions Exhibit 3 - Addendum Environmental Impact Report on 2001 Eminent Domain Amendment INTRODUCTION On May 3, 1976, the Mayor and Cornmon Council ("Cornmon Council") approved Ordinance #3571 that adopted the Redevelopment Plan ("Redevelopment Plan") for the Central City East Redevelopment Project ("Project") and Project Area ("Project Area"). The Project Area includes 225 acres and consists of a mixture of commercial, industrial, and residential uses, along with various public/quasi-public and open space uses. It is generally bounded to the west and east by both Arrowhead and Waterman Avenues and to the south and north by both 2"d and 7"' Streets, respectively. Exhibit 1 presents the precise boundaries of the Project Area. The existing eminent domain authority of the Redevelopment Agency of the City of San Bernardino (the "Agency") is restricted to a 12-year time limit, and expired on January 1, 1999. Under the California Cornmunity Redevelopment Law ("Law"), the Redevelopment Plan's eminent domain time limit may be extended by up to 12 years if the Agency undertakes plan amendment efforts prescribed by the Law. As the Agency envisions possible land acquisition activities for future redevelopment projects, the Agency is proposing to amend the Plan to extend the eminent domain time limit by 12 years, or until the twelfth anniversary (12th) of the effective date of the ordinance approving the Amendments. As used herein the words "Redevelopment Plan" included the redevelopment plan as originally approved by Ordinance No. 3071, as subsequently merged for financing purposes into the Central City Projects, and as subsequently amended by Ordinance No. MC-721, Ordinance No. MC-724, and Ordinance No. MC-919. The text of the proposed Amendment provides: "A. Property Acquisition 1. Acquisition of Real Property The Agency may acquire, purchase, lease, obtain option, or otherwise acquire any interest in real property, and any improvements on it by any means authorized by law, including by gift, grant, exchange, purchase, cooperative negotiations, lease, and any other means authorized by law including the use of eminent domain for purposes of redevelopment in the Project Area as authorized by law. Not withstanding the provisions of the preceding sentence, the Agency shall not acquire by eminent domain any property within the Project Area on which a person or persons reside or any property which is either designated under applicable General Plan or zoning regulations as residential property, as of the date when the Agency transmits its written offer to acquire such property to the owner thereofin accordance with Government Code Section 7267.2, or other applicable law. Rosenow Spevacek Group, Inc. November, 2001 1 San Bernardino Redevelopment Agency Central City East Redevelopment Project Report to Mayor and Common Council The Agency is not authorized to acquire real property owned by public bodies, which do not consent to such acquisition. The Agency is authorized, however, to acquire public property, if it is transferred to private ownership before the Agency completes land disposition within the entire Project Area, unless the Agency and the private owner enter into a participation agreement. The Agency shall not acquire real property on which an existing building is to be continued on its present site and in its present form and use without consent of the owner, unless (1) such building requires structural alterations, improvement, modernization or rehabilitation, or (2) the site or lot on which the building is situated requires modification in size, shape or use, or (3) it is necessary to impose upon such property any of the standard, restrictions and controls of the Plan and the owner fails or refuses to participate in the Plan by executing a participation agreement. 2. Acquisition of Personal Property Generally, personal property shall not be acquired. However, where necessary in the execution of this Plan, the agency is authorized to acquire personal property in the Project Area by any lawful means. 3. Time Limit for Commencement of Eminent Domain The Agency shall not initiate legal proceedings to acquire an interest in real property by the exercise of the power of eminent domain after the twelfth anniversary (12'h) following the effective date of the ordinance last amending this Section IV. A. " The 1976 Report to the Mayor and Cornmon Council ("1976 Report") established the Agency's goals for the Project Area. The goals expressed the desire of the Agency to focus on "progress and growth" by maximizing the amount of land available for development, leading to an area wide expansion of employment opportunities, payrolls and business volume, accompanied by increased public revenue. Implementation of these goals was cited as a means to accomplish the following objectives: . To insure the completion of those redevelopment projects which have been initiated; . To maintain and assist those activities and land uses which are compatible with the Plan of Development; . To improve the image of the overall Project Area by reinforcing existing assets and by expanding the potentials of the area; . To improve employment opportunities, economic stability and productivity, and to increase public revenues; . To stimulate and provide new private investment opportunities by revitalizing those areas or specific structures which are characterized by deterioration, blight, or functional Rosenow Spevacek Group, Inc. November, 2001 2 San Bernardino Redevelopment Agency Central City East Redevelopment Project Report to Mayor and Common Council obsolescence, and to encourage continued investment in those areas where planned and logical growth is necessary; . To provide guidelines and impetus for new residential development in an attempt to strengthen the overall Project Area; . To encourage circulation improvements for vehicular movement and parking facilities, including transit services; . To provide new and improved facilities for the cultural, educational and other institutional functions of the City, and to promote tourism and entertainment activities; . To accomplish all of the above by evaluating both the short- and long-term needs and potentials of the overall Project Area in a comprehensive manner. To this end, the Redevelopment Plan permitted the Agency to acquire real property by any means authorized by law, including eminent domain. Although the Agency has used the power of eminent domain in the past for the Central City East Redevelopment Project Area only on a limited basis and did not use the power at all after 1990, the ability to acquire property through eminent domain continues to be an effective tool to facilitate redevelopment of the Project Area. Indeed, one of the key reasons for establishing the Project Area was to stimulate development and rehabilitation of structures through the consolidation of parcels. The Agency does not have any irnmediate or specific plans to use eminent domain to acquire property at this time. However, staff feels that it is very important to preserve this power because it is a necessary component to completing future redevelopment activities. The power of eminent domain is especially necessary for those projects involving land acquisition. The ability to consolidate lots for new development and abate or provide mitigation between incompatible uses is essential in addressing the remaining conditions of blight in the Project Area. The Agency does not want to displace residents of the City and believes that generally, residents who currently live in the Project Area are in satisfactory locations. The Agency's emphasis is on encouraging economic revitalization by consolidating substandard commercial use properties and upgrading cornmercial use properties so that they have less of an impact on residential areas and homes. Most homes are situated on lots that are adequate in size and shape to accommodate residential use. Consolidation of lots for residential reuse and redevelopment is not necessary especially in light of the fact that new residential projects that usually require larger parcels, such as apartments and condominium projects, are not in demand in the cornmunity. The Agency has existing and effective programs that promote and assist the rehabilitation and upgrade of residential units without having to consolidate residential use parcels. Blighted residences and neighborhoods are being addressed through Code Compliance Department actions, the AAR Program, and the Mortgage Assistance Program for I st time homebuyers. Incompatibility issues between cornmercial use and residential use properties can be resolved not by removal and relocation of residents, but by fostering redevelopment of cornmercial use property on a sustainable economic basis and by applying current building construction standards to remodeled and new cornmercial and industrial structures and by requiring adequate buffers between different uses. Being sensitive to surrounding businesses and residents is part of being a good neighbor. Therefore, in order to minimize the impact on residents of the Project Area the proposed Amendment does not apply to residentially occupied properties. Given the cornmercial Rosenow Spevacek Group, Inc. November, 2001 3 San Bernardino Redevelopment Agency Central City East Redevelopment Project Report to Mayor and Common Council and industrial nature of the Project Area, it is believed that the need for such power is most important in addressing such uses. Additionally, it is felt that were acquisition of residential properties necessary, such acquisition can be accomplished through friendly negotiations. This document is the Agency's Report to the Mayor and Common Council ("Report") on the proposed Amendment, and has been prepared pursuant to Section 33457.1 and 33352 of the Law. Pursuant to Section 33352 of the Law, the Commission is required to submit a Report to the Common Council containing specific documentation regarding the proposed Amendment. The purpose of this Report to the Common Council is to provide the information, documentation, and evidence required to support the adoption of the Amendment. This information, documentation, and evidence are provided to assist the Cornmon Council in its consideration of the proposed Amendment, and in making the various determinations in connection with its adoption. With respect to the Amendment, this Report supplements the documentation and evidence contained in the 1976 Report, prepared in connection with the original Plan; the 1976 Report is incorporated herein by reference. Contents of this Report The contents of this Report are presented in 14 sections, which generally correspond to the subdivisions presented in Section 33352 of the Law. The sections are as follows: SECTION A Reasons for the Amendment and a Description of Specific Projects Proposed and How These Projects Will Improve or Alleviate Blighting Conditions Found in the Project Area SECTION B A Description of the Physical and Economic Conditions Existing in the Project Area SECTION C Five- Year Implementation Plan SECTION D Why the Elimination of Blight and Redevelopment Cannot be Accomplished by Private Enterprise Acting Alone or by the Agency's Use of Financing Alternatives Other Than Tax Increment SECTION E The Method of Financing SECTION F The Relocation Plan SECTION G Analysis of the Preliminary Plan SECTION H Report and Recommendation of the Planning Cornmission SECTION I Report of the Project Area Cornmittee Rosenow Spevacek Group, Inc. November, 2001 4 San Bernardino Redevelopment Agency Central City East Redevelopment Project Report to Mayor and Common Council SECTION J SECTION K SECTION L SECTION M SECTION N General Plan Conformance Environmental Documentation Report of the County Fiscal Officer Neighborhood Impact Report A Summary of Agency Consultation with Affected Taxing Agencies Rosenow Spevacek Group, Inc. November, 2001 5 San Bernardino Redevelopment Agency Central City East Redevelopment Project Report to Mayor and Common Council SECTION A Reasons for the Amendment and a Description of Specific Projects Proposed and How These Projects Will Improve or Alleviate Blighting Conditions Found in the Project Area The Redevelopment Plan for the Central City East Redevelopment Project Area was adopted by the Mayor and Cornmon Council in 1976. The Redevelopment Plan established various time limitations with regard to frnancial and implementation powers. In compliance with the Law, the use of eminent domain, as provided for in the Redevelopment Plan, expired on January I, 1999, 12 years after adoption of the 1987 Amendment to the Redevelopment Plan. While the Agency may continue to implement projects and receive tax increment revenue, it is unable to use eminent domain without an amendment to re-establish the power. The ability to acquire property for revitalization is one of the fundamental tools of redevelopment In Central City East, the re-establishment of the power of eminent domain will enable the Agency to acquire and remediate deteriorated properties, as well as acquire and consolidate lots in order to provide increased opportunities for cornmercial reuse and redevelopment in the Project Area. Indeed, the major issues concerning the Project Area are: the substandard lot sizes, the occurrence of incompatible uses, multiple ownership, and the presence of significant amounts of cleared lands or underutilized land which affect not only property values but the general business atmosphere and the overall quality of life for workers and residents of the area. These continuing issues are among the most serious factors confronting the Agency as it implements redevelopment programs in the Project Area, and were chief reasons for establishing the Project in 1976. The Agency's existing eminent domain authority, was restricted to a 12-year time limit, and expired on January I, 1999. Under the Law, the Redevelopment Plan's eminent domain time limit may be extended by up to 12 years, if the Agency undertakes plan amendment efforts as prescribed. As the Agency envisions possible land acquisition activities for future redevelopment projects, the Agency is proposing to amend the Redevelopment Plan to re-establish the Agency's power of eminent domain within the Project Area for a time period of 12 years, following the adoption of the ordinance approving the Amendment. However, the power will be limited to non-residential properties (see text of Amendment included in the Introduction of the Report). By providing the Agency with the power of eminent domain, it will enable the Agency to effectively consolidate properties for a comprehensive program of providing rehabilitation and stimulating development activity. The Agency does not want to displace residents of the City and believes that generally, residents are in satisfactory locations. The Agency's emphasis is on encouraging economic revitalization by Rosenow Spevacek Group, Inc. November, 2001 A-1 San Bernardino Redevelopment Agency Central City East Redevelopment Project Report to Mayor and Common Council consolidating substandard cornmercial use properties and upgrading cornmercial use properties so that they have less of an impact on residential areas and homes. Most homes are situated on lots that are adequate in size and shape to accornmodate them. Consolidation ofIots for residential reuse and redevelopment is not necessary, especially in light of the fact that new residential projects that usually require larger parcels, such as apartments and condominium projects, are not in demand in the cornmunity. The Agency has existing and effective programs that promote and assist the rehabilitation and upgrade of residential units without having to consolidate residential use parcels. Blighted residences and neighborhoods are being addressed through Code Enforcement Department actions, the AAR Program, and the Mortgage Assistance Program for 1st time homebuyers. Incompatibility issues between cornmercial use and residential use properties can be resolved not by removal and relocation of residents, but by fostering redevelopment of cornmercial use property on a sustainable economic basis and by applying current building construction standards to remodeled and new cornmercial and industrial structures and by requiring adequate buffers between different uses. Being sensitive to surrounding businesses and residents is part of being a good neighbor. Therefore, in order to minimize the impact on residents of the Project Area the proposed Amendment does not apply to residentially occupied properties. Given the cornmercial and industrial nature of the Project Area it is believed that the need for such power is most important in addressing such uses. Additionally, it is felt that were acquisition of residential properties are necessary such acquisition can be accomplished through friendly negotiations. Over the history of the Project, eminent domain was used by the Agency. However, the ability to use eminent domain is still critical to successful property acquisition. For example, without this authority, property acquisition efforts could stall if an owner refused to sell his or her property at a price equal to its fair market value, given the property's highest and best use fair market value. In Central City East, eminent domain is particularly important because of the significant amount of underutilized or irregular form or size shaped parcels that are insufficient for proper usefulness or development. The irregularity of the parcel size and shapes limits development possibilities, as they cannot meet current building and design standards. This condition can contribute to economic decline and impaired investment as current owners are not able to rehabilitate their properties and future development is limited. Even though the Agency has had some success in spurring economic revitalization and providing for rehabilitation, many of the original conditions of blight continue to exist and demand further redevelopment activities. The area has never successfully recovered from the economic downturns of the 1990's or the closure of two major air force bases located within the County of San Bernardino. The economic stagnation of the area is reflected in the fact that median family income has only increased 0.4% in San Bernardino County since 1996, according to the U.S. Department of Housing and Urban Development. This is the lowest growth rate out of all Southern California counties and Rosenow Spevacek Group, Inc. November, 2001 A-2 San Bernardino Redevelopment Agency Central City East Redevelopment Project Report to Mayor and Common Council is an indicator of the lack of economic growth for the area. With the local economy stagnant, assessed value revenues have declined or remain limited for much of the first decade of the Project. This has severely limited the tax increment revenue available to the Agency to conduct redevelopment and only recently has the Agency been able to complete various rehabilitation activities that will now allow for revitalization to move forward. However, with the expiration of the Agency's eminent domain authority, further efforts by the Agency to continue with revitalization, rehabilitation, and economic development may be seriously jeopardized. The Agency does not intend to undertake projects outside the scope of the Redevelopment Plan, and as analyzed in the 1976 Report. A description of the proposed redevelopment projects is contained in the 1976 Report and incorporated herein by reference. Rosenow Spevacek Group, Inc. November, 2001 A.3 San Bernardino Redevelopment Agency Central City East Redevelopment Project Report to Mayor and Common Council SECTION B A Description of the Physical and Economic Conditions in the Existing Project Area Section 33352(b) of the Law requires a description of the physical and economic conditions that cause the Project Area to be blighted. This information was provided in the documentation that was prepared and provided as evidence that the Project Area was deemed blighted at the time of adoption. Although the definition of "blight" has changed since the adoption of the Redevelopment Plan in 1976, this Report will examine the continued existence of the specific conditions of blight, which were found to exist in the Project Area by the Common Council in 1976 under then-current law. When the Cornmon Council adopted the Redevelopment Plan, it determined that blight existed in the Project Area based upon evidence in the record. Those findings are deemed to be final and conclusive under the Law. It follows that portions of the Project Area, which were found to be blighted in 1976, and have not been upgraded or modified since that time, are still conclusively deemed to be blighted. This section of the Report will examine both what portions of the Project Area have not been modified and can be presumed to still be blighted, and which of the original conditions of blight are still present in the Project Area today. The 1976 Report documented the following blighting conditions in the Project Area: . Age, deterioration and dilapidation of structures; . Mixed character and shifting of uses; . Defective design and physical construction; . Depreciated values and impaired investments; . The existence of lots of irregular form and inadequate size; and . The existence of inadequate public improvements. For the purposes of this Amendment, the Law does not require that the Project Area be as blighted as it was when the Project was adopted. Nor does the Law require, to support the amendment, that the Cornmon Council find that the existing Project Area meet the same standards for adoption of a new project area, but only that some of the original blighting factors continue to exist. The Law acknowledges and anticipates that the Agency's redevelopment program will eliminate at least some of the original blighting conditions, and accordingly the Law requires this report to describe what blight remains. Under the Law in effect as of the time of the original plan adoption, even a single blighting factor may be sufficient to support the adoption of a redevelopment plan, so long as that condition causes a reduction of, or lack of Rosenow Spevacek Group, Inc. November, 2001 B-1 San Bernardino Redevelopment Agency Central City East Redevelopment Project Report to Mayor and Common Council proper utilization of the area to such an extent that it constitutes a serious burden on the cornmunity which cannot be solved by private enterprise acting alone. This Section B will demonstrate that many of the original blighting conditions found to exist in the Project Area in 1976 still exist. As a result of these infrastructure deficiencies, there has been little private investment in the Project Area other than the specific projects, which were assisted by the Agency as set forth below. Unless the Agency participates directly in a project, it appears that these remaining infrastructure deficiencies cannot be resolved through private activity alone. Since the Redevelopment Plan's adoption in 1976, the Agency has engaged in various activities in order to eliminate the detrimental physical, social, and economic conditions that were negatively impacting the area. By undertaking a comprehensive program of public improvements and by providing a variety of development incentives, the Agency hoped to stimulate new development and rehabilitation activities in the Project Area. So far, the Agency has been able to accomplish various projects, such as, providing development opportunities, job creation and retention, and increased sales tax. Specific projects include: . Funded the Courthouse Project that evaluated the needs of courts to prevent relocation outside of the cornmunity in order to increase job retention; . Entered into an OPA with Dynamic Binding to provide assistance for increased private investment and job creation; and . Provided assistance for improvements for expansion of Crown Printers. Due to these actions, the Agency has been able to eliminate a small portion of the blighting conditions that exist in the Project Area. However, the area continues to be faced with dilapidated, deteriorated, aged and obsolescent properties and structures (including housing, cornmercial, retail and industrial buildings) along with impaired development and investment due to poor parcelization. AGE, DETERIORATION AND DILAPIDATION OF STRUCTURES Many of the structures within the Project Area can be characterized as aged and dilapidated leading to or resulting in declining structural conditions. The cornmercial and industrial structures within the Project Area are some of the oldest buildings within the City and show signs of dilapidation, deterioration, and age. For example, according to San Bernardino County Assessor information, the average age of the buildings in the Project Area are 49 years old. The combining effects of older buildings and a lack of proper maintenance may lead to serious structural integrity problems as the structural life of a building is usually considered to be 55 years. In fact, age and dilapidation can begin to occur after 25 years resulting from deferred I The FFIEC is the Federal Financial Institutions Examination Council which has obtained its statistics from U.S. Census 2000 projections. Rosenow Spevacek Group, Inc. November, 2001 B-2 San Bernardino Redevelopment Agency Central City East Redevelopment Project Report to Mayor and Common Council maintenance. The structural life of most roofs are only 25 to 30 years, and regular repainting and repairs are needed in order to protect and maintain the integrity of the buildings. As expected, the conditions of many of the structures within the Project Area show significant signs of age, deterioration, and lack of maintenance. The existence of deteriorated and dilapidated buildings is an indicator of blight and is indicative of a lack of reinvestment in the area. For commercial or industrial structures the Agency may need to acquire offending properties. Acquisition of such properties may require the use of eminent domain to accomplish the Agency's goal of eliminating these conditions of deterioration. The proposed Amendment does not provide the Agency with the power of eminent domain for residentially used properties. The Agency does not want to displace residents of the City and believes that generally, residents are in satisfactory locations. The Agency's emphasis is on encouraging economic revitalization by consolidating substandard cornmercial use properties and upgrading commercial use properties so that they have less of an impact on residential areas and homes. Most homes are situated on lots that are adequate in size and shape to accornmodate them. Consolidation of lots for residential reuse and redevelopment is not necessary especially in light of the fact that new residential projects that usually require larger parcels, such as apartments and condominium projects, are not in demand in the cornmunity. The Agency has existing and effective programs that promote and assist the rehabilitation and upgrade of residential units without having to consolidate residential use parcels. Blighted residences and neighborhoods are being addressed through Code Compliance Department actions, the AAR Program, and the Mortgage Assistance Program for 1" time homebuyers. During a field survey conducted within the area in October 2001, extreme signs of deterioration and obsolescence were noted among the cornmercial and industrial properties within the Project Area. For example, buildings located on Waterman Avenue, 5th Street and Arrowhead Avenue, exhibited severe signs of age and obsolescence. Various structural deficiencies noted were inadequate fencing/barriers, lack of proper paint, and inadequate building materials (corrugated metal). Private rehabilitation of the buildings in this area is unlikely due to the significant numbers and concentration of structures that are in poor physical condition. Because of the escalating costs and the pure volume of structures that need rehabilitation, it is not likely that private parties will rehabilitate their properties. There is no economic incentive for property owners to invest in rehabilitation as they can only obtain returns that are dictated by the surrounding depressed market. Most of these buildings will continue to decline structurally, further contributing to the blighting conditions. Due to the extreme deterioration and age of the commercial or industrial structures in the Project Area, the Agency may need to acquire offending properties. Acquisition of such properties may require the use of power of eminent domain to accomplish the Agency's goal of eliminating these conditions of deterioration. Without a comprehensive program that includes the potential use of condemnation, revitalization will not occur. Rosenow Spevacek Group, Inc. November, 2001 B-3 San Bernardino Redevelopment Agency Central City East Redevelopment Project Report to Mayor and Common Council Figure 1 :Located at 230 Interocean, tbis bouse is indicative of tbe bousing in tbe Project Area witb broken windows, weatbered paint and deteriorated roofing. Figure 2: Tbis abandoned gas station is a listed bazardous site witb leaking underground storage tanks. Redevelopment of tbis site will be very costly witbout tbe Agency's belp in order to clean up tbe site for future development. Rosenow Spevacek Group, Inc. November, 2001 B-4 San Bernardino Redevelopment Agency Central City East Redevelopment Project Report to Mayor and Common Council Figure 3:Indicative of the lack of reinvestment in the commercial strips in the Project Area, this building located at 280 5" Street, is completely vacant and is exbibiting signs of age, weathering and deterioration. Figure 4: While this building bas changed ownerships multiple times over the past decade, it again remains vacant due to its deterioration and questionable structural integrity and surrounding incompatible uses. Rosenow Spevacek Group, Inc. November, 2001 8-5 San Bernardino Redevelopment Agency Central City East Redevelopment Project Report to Mayor and Common Council Figure 5: These houses located at 668 Mountain View Avenue pose health and safety risk to surrounding properties with possible infestation problems. Additionally, their age is apparent with weathered exterior protection including roofing and support beams. II -.- 1M '. ~ Figure 6:Despite the broken windows and poor exterior condition of this building located at 568 N. Arrowhead Avenue, businesses continue to operate here, posing safety hazards for the employees. Rosenow Spevacek Group, Inc. November, 2001 B-6 San Bernardino Redevelopment Agency Central City East Redevelopment Project Report to Mayor and Common Council DEFECTIVE DESIGN AND PHYSICAL CONSTRUCTION As the buildings within the Project Area have aged and uses have shifted over time, buildings have been converted from their original design and function. However, many of these conversions and/or alterations have occurred without proper alterations, building materials and design. These conversions are specific indicators of blight as buildings are being used for other than what they were originally designed for and lack sufficient off street parking, and access and loading dock space for commercial and industrial uses. Age and obsolescence of the industrial corridors were prevalent within the area. The lack of proper fencing and poor building materials such as corrugated metal and barbed wire fencing (which is a zoning code violation) were cornmon among the industrial uses along Victoria Street and 5th and 6th Street. The insufficient wall barriers between industrial properties and the residential area along 5th Street and Sierra Way pose health and safety issues for the cornmunity as individuals are exposed to increased noise, pollution and traffic hazards. MIXED AND INCOMPATIBLE BUILDINGS AND LAND USES As mentioned earlier, the Project Area consists of a mixture of cornmercial, industrial and residential uses. These uses, when located adjacent to each other without proper buffers, can cause health and safety issues and results in declining property values. By allowing cornmercial or industrial uses to continue as they currently exist, adjacent to residential areas without proper buffers, may result in the exposure of the occupants to increased noise and air pollution as well as the increased risk of exposure to possible hazardous accidents. The mixture of uses also poses economic difficulties for the cornmercial and industrial enterprises. Locating cornmercial and industrial uses adjacent to each other creates visually unattractive neighborhoods. This causes decreased property values and limits future development activity as it conflicts with zoning and building codes. Overall effects of incompatible uses include reduced tax revenues, increased costs for public services and a decline in public services and facilities. In order to eliminate these effects, expensive corrective measures will be needed to eliminate the existing incompatible uses. Re-establishing the power of eminent domain will allow the Agency to effectively consolidate parcels to deal with the problem of incompatible industrial and commercial land uses, as well as provides adequate buffers for residential properties. A mixture of residential, industrial, and warehousing uses is especially prevalent along 5th and 7th Street and Waterman Avenue. In fact, out of the total 23 city blocks within the Project Area, 35% of the blocks (8 total) have either mixed or incompatible uses. Within these areas, scant buffering between residential, cornmercial and the neighboring industrial uses result in insufficient wall barriers to protect against noise and air pollution. Also, the lack of proper ingress and egress causes traffic conflicts for industrial, cornmercial and residential traffic. Rosenow Spevacek Group, tnc. November, 2001 B-7 San Bernardino Redevelopment Agency Central City East Redevelopment Project Report to Mayor and Common Council Figure 7:Located at the corner of 7" and Waterman Avenues, this residential unit is sandwiched in between a storage facility and an auto body shop without any adequate barrier protection against the excess noise and pollution. PREVALENCE OF ABSENTEE OWNERS The prevalence of absentee owners can have detrimental effects on building conditions and their maintenance. In fact, a major contributing factor to the Project Area's deterioration of buildings is the high percentage of absentee owners within the area. When owners of property do not live within the same area where the property is located, there it less likely that they will visit the property on a regular basis and provide the needed maintenance. This was confirmed by San Bernardino's Code Compliance Department, which identified absentee owners as a significant contributor to the deterioration of the buildings within the Project Area. Below is a table, which identifies the significantly high percentage of absentee owners within the Project Area and compares it to the overall City and surrounding cities. Rosenow Spevacek Group, Inc. November, 2001 B-8 San Bernardino Redevelopment Agency Central City East Redevelopment Project Report to Mayor and Common Council Absentee Owners Colton Fontana Grand Terrace Highland Rialto San Bernardino iNo. Of Parcels 13306 34718 3644 13306 22979 53911 183 CCE iAbsentee Owners' i% Of Absentee Owners 40.65% 29.98% 26.98% 30.47% 25.26% 41.75% 42.08% 5409 10407 983 4055 5805 22509 77 *Information obtained from Metroscan where absentee owners have a different zip code from the business or residence they own. The effects of having such a significant amount of the properties owned by owners outside of the area is deferred maintenance, which may lead to unsafe and unhealthy working and living conditions for residents of the area. These conditions can limit future redevelopment opportunities and therefore are also a contributing factor to the economic blight in the area. IMPAIRED INVESTMENT LEADING TO HIGH VACANCY RATES & DEPRECIATED VALUES Over 44% of the residents of the Project Area are below the poverty line. Additionally, the residents of the Project Area and the overall city have substantially lower incomes when compared to the San Bernardino County and national averages2. In fact, the per capita income national average is four times greater than the average per capita income of the Project Area residents. The limited income of the residents results in less disposable income and therefore less money for expenditures in the area and investment into their properties. Below is a table comparing the income levels of the Project Area residents with the City, County and national averages. Project Area City County National Per Capita Income $5,169 $12,922 $20,949 $20,973 Median Household Income $17,633 $29,294 $47,400 $ 42,351 Median Family Income $17,142 $28,843 $47,200 $ 47,800 A survey of realtors in the area suggests that the economic downturns and poor income levels of the residents of the area has lead to impaired investment and subsequently an overall decline in property values for the area. David Catlin of CB Richard Ellis reported that, "The poor economic climate of San Bernardino has definitely had an impact on the commercial market." As a result of the limited disposable income of the residents of the City and Project Area, the 2 All income projections based on 2000 Census projections. Rosenow Spevacek Group, Inc. November, 2001 B-9 San Bernardino Redevelopment Agency Central City East Redevelopment Project Report to Mayor and Common Council retail and cornmercial markets have suffered. As reported by the San Bernardino Business Registration Division, from January 1999 to September 2001, a total of 633 more businesses have closed their accounts (businesses) than opened new businesses. Also indicative of the impaired investment in the area is the low lease rates for retail and office space in the area. According to quarterly reports produced by CB Richard Ellis, retail space in the Project Area is approximately 13% lower than compared to the overall Inland Empire market, and office space is leasing at approximately 41 % lower rates than the rest of the Inland Empire markee. Below is a table comparing the office and retail vacancy rates and lease rates to the City and the Inland Empire markets. Lease Rates Vacancy Rate RETAIL Inland Empire $ 1.04 11.62% San Bernardino $ 1.00 14.84% Project Area $ 0.92 29.00% OFFICE Inland Empire $ 1.41 15.80% San Bernardino $ 1.17 29.60010 Project Area $ 1.00 30.92% - Data Source CD Richard ElliS 2 Quarter Regional Reports The combination of the economic and physical conditions that exist within the Project Area have had detrimental physical, social, and economic conditions that have been negatively impacting not only the Project Area but has been a burden to the City as a whole. Only by allowing the Agency to continue its projects with the power of eminent domain, will it be able to consolidate parcels and organize land uses so that proper development can occur and the entire area as a whole can become economically prosperous. However, in order to minimize the impact on residents of the Project Are the proposed Amendment does not apply to residentially occupied properties. Given the need to address the problems of the cornmercial and few industrial properties it is believed that the need for assembly and lot consolidation through the possible use of eminent domain can be limited to such uses. Additionally, it is felt that where acquisition is residential properties are necessary such purchases can be accomplished through friendly negotiations. 3 Based on 2'" Quarter 2001 reports produced by CB Rid1ard EIIi.. Rosenow Spevacek Group, Inc. November, 2001 8-10 San Bernardino Redevelopment Agency Central City East Redevelopment Project Report to Mayor and Common Council SECTION C Five-Year Implementation Plan On December 20, 1999, the Agency adopted its current Five-Year Implementation Plan for the Project ("Implementation Plan"). The Implementation Plan contains specific goals and objectives for the Project Area, the specific projects and expenditures proposed to be made during the five-year planning period, and an explanation of how these goals, objectives, and expenditures will eliminate blight within the Project Area. The Implementation Plan is not affected by this Amendment, and is incorporated herein by reference. Rosenow Spevacek Group, Inc. November, 2001 C-1 San Bernardino Redevelopment Agency Central City East Redevelopment Project Report to Mayor and Common Council SECTION D Why the Elimination of Blight and Redevelopment Cannot Be Accomplished by Private Enterprise Acting Alone or by the Agency's Use of Financing Alternatives Other Than Tax Increment Section 33352(d) of the Law requires an explanation of why the elimination of blight in the Project Area cannot be accomplished by private enterprise alone, or by the Agency's use of financing alternatives other than tax increment financing. This information was previously provided in the 1976 Report and supporting documentation prepared and provided at the time of the adoption of the original Plan. The proposed Amendment will not make any changes which would affect the validity of the previously prepared documentation. Rosenow Spevacek Group, Inc. November, 2001 0-1 San Bernardino Redevelopment Agency Central City East Redevelopment Project Report to Mayor and Common Council SECTION E The Method of Financing Section 33352(e) of the Law requires inclusion of a proposed method of financing the Project. This documentation was provided in the 1976 Report, incorporated herein by reference. Because the Amendment will not alter the Project Area boundaries or affect the base year value of the Project Area, the Amendment will not change the method of financing the Project. Rosenow Spevacek Group, Inc. November, 2001 E-1 San Bernardino Redevelopment Agency Central City East Redevelopment Project Report to Mayor and Common Council SECTION F The Relocation Plan Section 33352(f) of the Law requires inclusion of a method of relocation for the Project. Concurrent with the adoption of the original Plan in 1976, the Agency adopted as its method of relocation the California Relocation Assistance and Real Property Acquisition Guidelines, as they existed or are subsequently amended. Also, as a public agency, the Agency is required to adhere to State Relocation Law to the extent relocation is necessary. The Amendment does not alter the Agency's existing method of relocation. Rosenow Spevacek Group, Inc. November, 2001 F-1 San Bernardino Redevelopment Agency Central City East Redevelopment Project Report to Mayor and Common Council SECTION G Analysis of the Preliminary Plan Section 33352(g) of the Law requires the inclusion of an analysis of the Preliminary Plan. This information was provided in the 1976 Report prepared at the time the original Plan was adopted. The proposed Amendment does not alter the analysis of the Preliminary Plan contained in the 1976 Report. Rosenow Spevacek Group, Inc. November, 2001 G-1 San Bernardino Redevelopment Agency Central City East Redevelopment Agency Report to Mayor and Common Council SECTION H Report and Recommendation of the Planning Commission Section 33352(h) of the Law requires inclusion of a report and recommendation of the City of San Bernardino Planning Cornmission ("Planning Commission"). With respect to the original Plan, the Planning Cornmission adopted Resolution No. 35 on December 16th, recornmending adoption of the Plan. Rosenow Spevacek Group, Inc. November, 2001 1-1 San Bernardino Redevelopment Agency Central City East Redevelopment Project Report to Mayor and Common Council SECTION I Report of the Project Area Committee At the time the Project Area Redevelopment Plan was adopted, no Project Area Committee was formed. Because the proposed Amendment will not result in the displacement of low or moderate-income persons there was no need to form a Project Area Cornmittee. On October 25, 2001, the Agency did hold a Community meeting to inform property owners and residents of the proposed Amendment. Rosenow Spevacek Group, Inc. November, 2001 1-1 San Bernardino Redevelopment Agency Central City East Redevelopment Project Report to Mayor and Common Council SECTION J General Plan Conformance Section 333520) of the Law requires a finding of General Plan conformance per Section 65402 of the Government Code. Concurrent with the original adoption of the Plan, the Planning Commission adopted Resolution No.35, on December 16, 1975, finding that the Plan conformed to the City's General Plan. Rosenow Spevacek Group, Inc. November, 2001 J-1 San Bernardino Redevelopment Agency Central City East Redevelopment Project Report to Mayor and Common Council SECTION K Environmental Documentation Section 33352(k) of the Law requires environmental clearance prepared pursuant to Section 21151 of the Public Resources Code. Concurrent with the adoption of the original Plan in 1976, the Agency prepared a Program Environmental Impact Report ("EIR") to review and mitigate impacts associated with Plan implementation. The EIR was included in the 1976 Report and is incorporated herein by reference. For the Amendment, an Initial Study was prepared pursuant to California Environmental Quality Act guidelines, which found that the proposed Amendment to extend the time limit of the Plan's existing eminent domain authority would not have a significant adverse impact on the environment with the incorporation of mitigation measures. As such, in November, an Addendum to the 1976 Environmental Impact Report ("EIR") was completed. On November 16, 2001, the CDC will consider a resolution approving the Addendum to the EIR. Rosenow Spevacek Group, Inc. November, 2001 K-1 San Bernardino Redevelopment Agency Central City East Redevelopment Project Report to Mayor and Common Council SECTION L Report of the County Fiscal Officer The proposed Amendment does not alter Project Area boundaries; therefore, the 1975-76 base year report prepared pursuant to Section 33328 of the Law by the County of San Bernardino Auditor-Controller and State Agency of Equalization, respectively ("Base Year Report"), does not need to be reformulated. The Base Year Report is included in the 1976 Report and incorporated herein by reference. Rosenow Spevacek Group, Inc. November, 2001 L-1 San Bernardino Redevelopment Agency Central City East Redevelopment Project Report to Mayor and Common Council SECTION M Neighborhood Impact Report Section 33352(m) of the Law requires the inclusion of a Neighborhood Impact Report. This information was provided in the 1976 Report and incorporated herein by reference. Because the Amendment extends a time limitation of an existing redevelopment power in the Plan, the Amendment does not alter the 1976 Report's analysis of the Plan's impacts on relocation, traffic circulation, environmental quality, availability of cornmunity facilities and services, effect on schools, property assessments and taxes, and low and moderate income housing. Rosenow Spevacek Group, Inc. November, 2001 M-1 San Bernardino Redevelopment Agency Central City East Redevelopment Project Report to Mayor and Common Council SECTION N A Summary of Agency Consultation with Affected Taxing Agencies As a part of the 1976 Plan adoption activities, the Agency consulted with affected taxing agencies to discuss the Plan's impacts and formulate fiscal mitigation agreements. The proposed Amendment would not detrimentally impact affected taxing agencies because the Amendment does not affect the financing of the Project Area in any way, nor will it change the plan's land use policies or list of public improvement projects. On October IS, 2001, the Agency transmitted the notice of the November 19,2001 joint public hearing to all affected taxing agencies. Thus far, the Agency has not been contacted by any taxing agencies seeking consultations regarding the Amendment. Rosenow Spevacek Group, Inc. November, 2001 San Bernardino Redevelopment Agency Central City East Redevelopment Project Report to Mayor and Common Council EXHIBIT 1 Central City East Redevelopment Project Area Map Rosenow Spevacek Group, Inc. November, 2001 San Bernardino Redevelopment Agency Central City East Redevelopment Project Report to Mayor and Common Council Exhibit 2 Photo Survey/Sample of Existing Conditions Rosenow Spevacek Group, Inc. 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Q) z z . 0: 0( 0 Q. ~ ",l- '" :00'0: E :Mi~i 0 ';:00: 0 :O:w: 'E 'CD:~! Q) 0'0: ~ :~,:,~! 'E W :0:0' iz:z: :,i5: .~ ~ ;z:z: iffi.ffii aliCD zz ~~ u..,u.. 0:0' n: l2~Qc :0:0 ,88 .. co W ~ u 1! 'E Q) () :U-lL :.~,-~: :~ ;X: , , ~ ~ (tj ~: 00 .... :0 (; EXHIBIT 5 COPIES OF WRITTEN OBJECTIONS RECEIVED BY CITY CLERK AS OF THE NOVEMBER 12, 2001 EXHIBIT 6 ADDENDUM TO THE ENVIRONMENTAL IMPACT REPORT LILBURN CORPORATION Strategic Planning & Environmental Services MEMORANDUM DATE: November 8, 2001 Project: Central City East TO: Margaret Park, Project Manager City of San Bernardino Economic Development Agency FROM: Nancy Ferguson, Senior Project Manager SUBJECT: Environmental Assessment for the Reinstatement of Eminent Domain in the Central City East Redevelopment Project Area Lilburn Corporation has completed an environmental evaluation of the Economic Development Agency's proposed reinstatement of eminent domain in the Central City East Redevelopment Project Area. The reinstatement is necessary because the Agency's power of eminent domain expired in 1999. The Redevelopment Plan was evaluated in a Program Environmental Impact Report (EIR) certified by the Agency in 1975 in conjunction with the adoption of the Redevelopment Plan. The California Environmental Quality Act (CEQA) requires that when a project has been evaluated in an EIR, the lead agency must make a determination that any changes in the project description after the project has been approved will not have a significant effect on the environment. Our evaluation included a review of the Redevelopment Plan and certified ErR, a windshield survey of the Redevelopment Project area, and a review of existing regulatory agencies' plans and policies regarding development proposals. The environmental evaluation included the completion of the City's Initial Study Environmental Checklist which allowed us to look at a variety of environmental issues to determine if reinstatement of eminent domain would have an environmental effect not otherwise considered in the Program EIR prepared for the project. The Initial Study is attached. Our preliminary review determined that the Redevelopment Project and its boundaries are the same, the types of land uses considered in the Program ErR have not changed, and that the use of eminent domain as a tool to facilitate redevelopment in the Project Area was identified in the description of the Redevelopment Plan evaluated in the Program ErR. Based on this information, our conclusion is that simply reinstating an optional mechanism for facilitating redevelopment such as eminent domain in an established project area does not cause a significant effect on the environment. CEQA states that if a lead agency can determine that only minor technical changes or additions to an EIR are necessary to support the project, the agency may prepare and addendum to the EIR (CEQA Guidelines Section l5l64(a)(b). 1905 Business Center Drive. San Bernardino. CA 92408.909-890-1818. Fax 909-890-1809 Central City East Redevelopment Project Area Page 2 Our conclusion is that the Program EIR, in conjunction with an Addendum - in the form of the Initial Study to update existing physical and regulatory conditions - is adequate. The Program EIR and Addendum provide the Agency with the information to support the conclusion that the implementation of the Central City East Redevelopment Plan, including the use of eminent domain to stimulate or otherwise facilitate redevelopment, does not produce substantial changes which will require major revisions of the Final EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. LILBURN CORPORATION CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT INITIAL STUDY Project Title: Reinstatement of Eminent Domain in the Central City East Redevelopment Project Area Lead Agency Name: City of San Bernardino Economic Development Agency Address: 201 North E Street, Third floor San Bernardino, CA 92401-1507 Contact Person: Margaret Park Phone Number: (909) 663-1044 Project Location (Address/Nearest cross-streets): The Central City East Project Area consists of the northeast sector (approximately 225 acres) of the Overall Central City Redevelopment Project Area. Specifically, the Project Area is located south of Seventh Street, west of Waterman A venue, north of Rialto A venue, and west of D Street. The Project Area includes the County of San Bernardino govemment center, SANBAG headquarters, various state and federal offices, and Seccombe Lake. Project Sponsor: Address: City of San Bernardino Economic Development Agency 201 North E Street, Third floor San Bernardino, CA 92401-1507 Description of Project (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off-site features necessary for its implementation. INTRODUCTION The Central City East Redevelopment Project is part of the San Bemardino Overall Central City Plan of Development undertaken by the Redevelopment Agency of the City of San Bernardino (later designated the Economic Development Agency) in 1975. The Overall Central City Plan covers approximately 80 square blocks of downtown San Bernardino. The Plan was evaluated in a Program EIR prepared in 1975 which addressed the potential environmental impacts generally associated with the redevelopment of the City's Central Core and included the following Redevelopment Project areas: Central City West, Central City Project No. 1 (Central City Mall) Central City North, Central City East, Central City South and Meadowbrook. Subsequently, in 1976, the Agency prepared a Program EIR to specifically address redevelopment of the Central City East Project Area (Project Area). This area was identified as a blighted area requiring redevelopment in the interest of health, safety, and general welfare of the people of the City of San Bernardino. Portions of the Project Area were, and continue to be characterized by deterioration and disuse of buildings, large tracts of vacant land, parcels of irregular shapes and sizes for development, inadequate streets and public infrastructure, and areas subject to inundation by water. The Agency's use of eminent domain was a part of the Redevelopment Project when it was approved in 1976. Eminent domain authority allows agencies to acquire properties within a project area in order to facilitate redevelopment. This authority cannot exceed 12 years. At the end of the 12 year period the redevelopment must be amended to address continuance or reinstatement of eminent domain. The Agency is now proposing to reinstate its power of eminent domain into the existing Central City East Redevelopment Project Area for G:/Project/584/lnitial StudylNovember 8, 2001 IS-l CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT INITIAL STUDY an additional 12 years for those parcels that have a non-residential General Plan designation and/or that have an existing non-residential use. Eminent domain will allow the Agency to assemble properties for conveyance to private entities who, in turn will develop those properties with appropriate land uses. Reinstating the power of eminent will not affect existing residential neighborhoods nor alter the Project Area boundaries. Figure I shows the regional location of the Project Area. Figure 2 shows the boundaries of the area. Following Figure 2 is a series of photographs characterizing the Project Area. The California Environmental Quality Act (CEQA) requires that when a project has been evaluated in an Environmental Impact Report (EIR), the lead agency must make a determination that any changes in the project description after the project has been approved will not have a significant effect on the environment. A Program EIR was certified for the Central City East Redevelopment Project in 1975. According to CEQA Guidelines Section 15162, when an EIR has been certified for a project, no subsequent EIR shall be prepared unless the lead agency determines that changes in the project or in the circumstances under the project will be carried out, could cause potentially significant effects on the environment not already addressed in the certified EIR. This Initial Study has been prepared to provide information to the Agency about the existing physical and regulatory environment that may affect redevelopment of the Central City East Project Area. Although the Redevelopment Project and its boundaries are the same, and the reinstatement of eminent domain as a tool to facilitate redevelopment in the Project Area does not, in and of itself, constitute significant new information, changes in the existing physical or regulatory environment during the past 25 years may be considered substantial changes with respect to the circumstances under which the project is undertaken (CEQA Guidelines 15162 (a)(2)). Findings of the Initial Study/Environmental Checklist have determined that the appropriate subsequent environmental document the Agency may use to support the Redevelopment Project is an addendum to the certified Program EIR. The lead agency may prepare an addendum to a previously certified EIR if some changes or additions to the project description are necessary but none of the conditions constitute substantial changes that would involve significant environmental effects. An addendum provides the Agency with the information to support the conclusion that the continued implementation of the Central City East Redevelopment Plan including the use of eminent domain to stimulate or otherwise facilitate redevelopment "does not produce substantial changes which will require major revisions of the Final EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects". This determination is for the use of an addendum in accordance with CEQA Guidelines Section 15164(a). G:/ProjectJ584/Initial StudylNovember 8,2001 IS-2 ~ ~ b H I I I - ,TT 1 . 1- ~ - J 1--4 !I r I : , -- ~T[ " ,; ~ 01 11 I , , ~ 1: ~ '" " E-o 0." " :> - 0 "'Ill 10 -0 ~ ~< Q Z ! ; i ... i ... :\ ~ _\ --; =r-- ... --- ... +-.... -t -~ 1 I-- ... I- "I - r~TL '1 - -I 111 - ...... L... h L TI II ..11 L. ~"" ...:. - - I f-I '- - i r- ~u I Li " ....l 1'--_ r-.... I- , J-- - \ II~:: ~ I L .' \., - :st 1 .;.,,' . 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D :IE II -a " ~~ ;:::>~ o::l~ .....:l~ .......0 .....:lo CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT INITIAL STUDY ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages, 0 Land Use and Planning 0 Transportation/Circulation 0 Public Services 0 Population and Housing 0 Biological Resources 0 Utilities 0 Earth Resources 0 Energy and Mineral Resources 0 Aesthetics 0 Water 0 Hazards 0 Cultural Resources 0 Air Quality 0 Noise 0 Recreation 0 Mandatory Findings of Significance Determination, On the basis of this Initial StudylEnvironmental Checklist , the Economic Development Agency of the City of San Bernardino finds: That the proposed project COULD NOT have a significant effect on the environment, and a 0 NEGA TNE DECLARATION will be prepared, That although the proposed project could have a significant effect on the environment, there 0 will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A MmGATED NEGATIVE DECLARATION will be prepared, That the proposed project MAY have a significant effect on the environment, and an 0 ENVIRONMENTAL IMPACT REPORT is required, That although the proposed project could have a significant effect on the environment, there 1RI WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier EIR pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. Signature Date Printed Name G:/Project/584/lnitial SludylNovember 8,2001 IS-3 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT INITIAL STUDY Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact I. LAND USE AND PLANNING, Will the proposal result in: a) A conflict with the land use as [J [J [J l&J designated based on the review of the General Plan Land Use PlanlZoning Districts Map? b) Development within an Airport District [J [J [J l&J as identified in the Air Installation Compatible Use Zone (AICUZ) Report and the Land Use Zoning District Map? c) Development within Foothill Fire Zones [J [J [J l&J A & B, or C as identified on the Land Use Districts Zoning Map? d) Other? [J [J [J [J II, POPULATION AND HOUSING, Will the proposal: a) Remove existing housing (including 0 [J [J l&J affordable housing) as verified by a site survev/evaluation? b) Create a significant demand for 0 [J 0 l&J additional housing based on the proposed use and evaluation of project size? c) Induce substantial growth in an area [J 0 [J l&J either directly or indirectly (e,g" through projects in an undeveloped area or an extension of major infrastructure)? G:/Project/584/Initial StudylNovember 8, 2001 IS-4 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT INITIAL STUDY Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact ill. EARTH RESOURCES: Will the proposal result Ill: a) Earth movement (cut and/or fill) on D D D ~ slopes of 15% or more based on information contained in the Preliminary Project Description Form No, D? b) Development and/or grading on a slope D D D ~ greater than 15% natural grade based on review of General Plan HMOD map? c) Erosion, dust or unstable soil conditions D D ~ D from excavation, grading or fill? d) Development within the Alquist-Priolo D D D ~ Special Studies Zone as defined in Section 12,O-Geologic & Seismic, Figure 47, of the Citv's General Plan? e) Modification of any unique geologic or D D D ~ phvsical feature based on field review? f) Development within areas defined as D D D ~ having high potential for water or wind erosion as identified in Section 12,0- Geologic & Seismic, Figure 53, of the Citv's General Plan? g) Modification of a channel, creek or river D D D ~ based on a field review or review of USGS Topographic Map (Name) San Bernardino. South, h) Development within an area subject to D D ~ D landslides, mudslides, subsidence or other similar hazards as identified in Section 12,O-Geologic & Seismic, Figures 48, 51, 52 and 53 of the City's General Plan? GJProjec1l5841Initial StudylNovember 8. 2001 IS-5 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT INITIAL STUDY Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact i) Development within an area subject to 0 0 lID 0 liquefaction as shown in Section 12,0- Geologic & Seismic, Figure 48, of the City's General Plan? j) Other? 0 0 0 0 IV, WATER. Will the proposal result in: a) Changes in absorption rates, drainage 0 0 lID 0 patterns, or the rate and amount of surface runoff due to impermeable surfaces that cannot be mitigated by Public Works Standard Requirements to contain and convey runoff to approved storm drain based on review of the proposed site plan? b) Significant alteration in the course or 0 0 0 lID flow of flood waters based on consultation with Public Works staff? c) Discharge into surface waters or any 0 0 lID 0 alteration of surface water quality based on requirements of Public Works to have runoff directed to approved storm drains? d) Changes in the quantity or quality of 0 0 0 lID ground water? e) Exposure of people or property to flood 0 0 0 lID hazards as identified in the Federal Emergency Management Agency's Flood Insurance Rate Map 06071 C7940F and Section 16,O-F100ding, Figure 62, of the City's General Plan? f) Other? 0 0 0 0 G:/Projec1l584/Initial StudylNovember 8,2001 IS-6 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT INITIAL STUDY Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact V, AIR QUALITY, Will the proposal: a) Violate any air quality standard or 0 0 1RI 0 contribute to an existing or projected air quality violation based on the thresholds in the SCAQMD's "CEQA Air Quality Handbook"? b) Expose sensitive receptors to pollutants? 0 0 0 1RI c) Alter air movement, moisture, or 0 0 0 1RI temperature, or cause any change in climate? d) Create objectionable odors based on 0 0 0 1RI information contained in the Preliminary Environmental Description Form? VI. TRANSPORTATION/CIRCULATION, Could 1RI the proposal result in: a) A significant increase in traffic volumes 0 0 0 0 on the roadways or intersections or an increase that is significantly greater than the land use designated on the General Plan? b) Alteration of present patterns of 0 0 1RI 0 circulation? c) A disjointed pattern of roadway 0 0 0 1RI improvements? d) hnpact to rail or air traffic? 0 0 0 1RI e) Insufficient parking capacity on-site or 0 0 1RI 0 off-site based on the requirements in Chapter 19,24 of the Development Code? G:/Project/584flnitial Study/November 8,2001 IS-7 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT INITIAL STUDY Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact f) Increased safety hazards to vehicles, 0 0 0 [8] bicyclists or pedestrians? g) Conflict with adopted policies 0 0 0 [8] supporting alternative transportation? h) Inadequate emergency access or access 0 0 0 [8] to nearby uses? i) Other? 0 0 0 0 VII, BIOLOGICAL RESOURCES, Could the proposal result in: a) Development within the Biological 0 0 0 [8] Resources Management Overlay, as identified in Section IO,O-Natural Resources, Figure 41, of the City's General Plan? b) Impacts to endangered, threatened or rare 0 0 0 [8] species or their habitat (including, but not limited to, plants, mammals, fish, insects and birds)? c) Impacts to the wildlife disbursal or 0 0 0 [8] migration corridors? d) Impacts to wetland habitat (e,g" marsh, 0 0 0 [8] riparian and vernal pool)? e) Removal of viable, mature trees based on 0 0 0 [8] information contained in the Preliminary Project Description Form and verified by site survey/evaluation (6" or greater trunk diameter at 4N above the ground)? f) Other? 0 0 0 0 G:lProject/584/lnitial StudylNovember 8, 2001 IS-8 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT INITIAL STUDY Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact Vm. ENERGY AND MINERAL RESOURCES, Would the proposal: a) Conflict with adopted energy [J [J [J 1RI conservation plans? b) Use non-renewable resources in a [J [J [J 1RI wasteful and inefficient manner? c) Result in the loss of availability of a [J [J [J 1RI known mineral resource that would be of future value to the region and the residents ofthe State? IX, HAZARDS, Will the proposal: a) Use, store, transport or dispose of [J [J 1RI [J hazardous or toxic materials based on information contained in the Preliminary Environmental Description Form, No, G(l) and G(2) (including, but not limited to, oil, pesticides, chemicals or radiation)? b) Involve the release of hazardous [J [J 1RI [J substances? c) Expose people to the potential [J [J 1RI [J health/safety hazards? d) Other? [J [J [J [J X, NOISE, Could the proposal result in: a) Development of housing, health care [J [J [J 1RI facilities, schools, libraries, religious facilities or other noise sensitive uses in areas where existing or future noise levels exceed an Ldn of 65 dB(A) exterior and an Ldn of 45 dB(A) interior as identified in Section l4,O-Noise, Figures 57 and 58 of the City's General Plan? - G:/Project/584/Initial StudylNovember 8, 2001 IS-9 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT INITIAL STUDY Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact b) Development of new or expansion of 0 0 lRl 0 existing industrial, commercial or other uses which generate noise levels above an Ldn of 65 dB(A) exterior or an Ldn of 45 dB(A) interior that may affect areas containing housing, schools, health care facilities or other sensitive uses based on information in the Preliminary Environmental Description Form No, G(l) and evaluation of surrounding land uses No, C, and verified by site survey/evaluation? c) Other? 0 0 0 0 XI. PUBLIC SERVICES, Would the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: a) Fire protection? 0 0 lRl 0 b) Medical Aid? 0 0 lRl 0 c) Police protection? 0 0 lRl 0 d) Schools? 0 0 0 lRl e) Parks or other recreational facilities? 0 0 0 lRl 1) Solid waste disposal? 0 0 lRl 0 g) Maintenance of public facilities, 0 0 lRl 0 including roads? h) Other governmental services? 0 0 lRl 0 G:/Projec1l584/Initial StudyINovember 8, 2001 IS-IO CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT INITIAL STUDY Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact XIT, UTILITIES: Will the proposal, based on the responses of the responsible Agencies, Departments, or Utility Company, impact the following beyond the capability to provide adequate levels of service or require the construction of new facilities? a) Natural gas? D D 1RI D b) Electricity? D D 1RI D c) Communications systems? D D 1RI D d) Water distribution? D D 1RI D e) Water treatment or sewer? D D 1RI D f) Storm water drainage? D D 1RI D g) Result in a disjointed pattern of utility D D 1RI D extensions based on review of existing patterns and proposed extensions? h) Other? D D D D XID, AESTHETICS, a) Could the proposal result in the D D 1RI D obstruction of any significant or important scenic view based on evaluation of the view shed verified by site survey/evaluation? b) Will the visual impact of the project D D D 1RI create aesthetically offensive changes in the existing visual setting based on a site survey and evaluation of the proposed elevations? c) Create significant light or glare that D D 1RI D could impact sensitive receptors? G:lProject/584/lnitial StudylNovember 8, 2001 IS-II CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT INITIAL STUDY Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact d) Other? 0 0 0 0 XIV, CULTURAL RESOURCES, Could the proposal result in: a) Development in a sensitive 0 0 1RI 0 archaeological area as identified in Section 3,O-Historical, Figure 8, of the City's General Plan? b) The alteration or destruction of a 0 0 1RI 0 prehistoric or historic archaeological site by development within an archaeological sensitive area as identified in Section 3,O-Historical, Figure 8, of the City's General Plan? c) Alteration or destruction of a historical 0 0 1RI 0 site, structure or object as listed in the City's Historic Resources Reconnaissance Survev? d) Other? 0 0 0 0 XV, RECREATION, Would the proposal: a) Increase the demand for neighborhood or 0 0 0 1RI regional parks or other recreational facilities? b) Affect existing recreational 0 0 0 1RI opportunities? G:lProject/584/1nitial StudylNovember 8,2001 IS-12 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT INITIAL STUDY Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact XVI. MANDATORY FINDINGS OF SIGNIFICANCE, a) Does the project have the potential to 0 0 0 1RI degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory? b) Does the project have the potential to 0 0 0 1RI achieve short-term, to the disadvantage of long-term, environmental goals? c) Does the project have impacts that are 0 0 0 1RI individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects,) d) Does the project have environmental 0 0 0 1RI effects which will cause substantial adverse effects on human beings, either directly or indirectly? G:/Project/584Ilnitial SludylNovember 8, 2001 IS-13 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT INITIAL STUDY REFERENCES. The following references cited in the Initial Study are on file in the Planning and Building Services DepartmentJPublic Works Division, I, Central City East Redevelopment Plan and Program EIR 2, City of San Bernardino General Plan, 3, City of San Bernardino General Plan Land Use Plan/Zoning Districts Map, 4, City of San Bernardino Development Code (Title 19 of the San Bernardino Municipal Code), 5, City of San Bernardino Historic Resources Reconnaissance Survey, 6, Alquist-Priolo Earthquake Fault Zones Map, 7, South Coast Air Quality Management District, CEQA Air Quality Handbook, 8, Federal Emergency Management Agency, Flood Insurance Rate Maps, 9, Public Works Standard Requirements - water, 10, Public Works Standard Requirements - grading, DISCUSSION OF IMPACT LEVELS AND MITIGATION MEASURES I. LAND USE AND PLANNING a) The Project Area is generally located south of Seventh Street, west of Waterman Avenue, north of Rialto A venue, and east of D Street. The proposed reinstatement of eminent domain will ensure redevelopment of the area is compatible with the existing surrounding land uses, The project will result in redevelopment of an area generally characterized by deterioration and disuse of buildings, some vacant land, some parcels of irregular shapes and sizes, and inadequate streets and public infrastructure to serve state-of-the-art commercial /professional/government office uses, The proposed reinstatement of eminent domain will have a positive impact on land use in the Central City East Project Area by assisting the Agency in assembling parcels for redevelopment. Implementation of eminent domain will ensure reclamation and development of land resources consistent with current zoning and the San Bernardino General Plan, b) The proposed project is not within an Airport District as identified in Land Use Zoning District Maps, The closest airstrips or airports are located approximately 2,5 miles to the east (San Bernardino International Airport, former Norton Air Force Base) and approximately 5.5 miles to the west (Rialto Municipal Airport), There are no significant project-related impacts associated with airports or airfields, c) The project site is not located in a Fire Hazard Zone as shown on City's General Plan Figure 61, The Redevelopment Project will result in demolition of some structures in the Project Area and replacement with new state-of-the-art buildings further reducing potential fire hazards, Renovation of existing buildings will meet current City Fire code requirements to reduce fire potential. II. POPULATION AND HOUSING a) The proposed project is the reinstatement of eminent domain in order to facilitate redevelopment of properties that have a non-residential General Plan designation or that have an existing non-residential G:/Project/584/1nitial Study/November 8, 2001 IS-14 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT INITIAL STUDY use, No residential neighborhoods will be affected by the use of eminent domain in the Agency's efforts to redevelop the area, b) The proposed project is the implementation of eminent domain to acquire and assemble properties and redevelop land designated as non-residential or that has an existing non-residential use, Redevelopment in the Central City East Area will create jobs, This issue was adequately addressed in the Program EIR prepared for the Redevelopment Project. The Agency's goals have not changed with respect to creation of jobs in the Central City, However, there will not be a significant demand for additional housing, as jobs will likely be filled by residents within San Bernardino or neighboring communities, c) The reinstatement of eminent domain will not result in major infrastructure expansion not previously considered in the Redevelopment Plan or the City's General Plan, III. EARTH RESOURCES The San Bernardino region lies within a natural geomorphic province in California known as the Peninsular Ranges, The project site is included in a sub-structural unit of the Peninsular Ranges known as the San Bernardino Valley Block, This Block is essentially a depressed region bounded by the faults to the northeast (San Andreas), the southwest (San Jacinto) and south (Banning), The site lies in the northwestern portion of the Block, in the upper reaches of the San Bernardino Valley, The San Bernardino Valley was formed by a series of coalescing alluvial fans from the surrounding highlands, of which the Cajon Creek, Lytle Creek, San Timoteo Creek and other lesser tributaries have contributed to the majority of the alluvial deposition in the vicinity of the site, Alluvial and coarse- grained deposits, originating from degradation and slope wash off the hillsides, have settled in the Valley area, a-c) The reinstatement of eminent domain will facilitate the Agency's goals of redeveloping the Project Area, Redevelopment, in turn, will result in minor grading activities to parcels that are currently vacant and proposed for development or the demolition of existing buildings and regrading of the site, However, in both cases earthwork will be minor as the Project Area is relatively flat and will require minimal grading, Most sites will balance so import or export of material will not generally be required, Site specific soil engineering and foundation investigations will be required for construction projects within the redevelopment area in accordance with development standards administered by the City's Public Works Division, Dust will be generated when grading or demolition is necessary, New rules and regulations adopted by the South Coast Air Quality Management District (SCAQMD) have been enacted since the adoption of the Central City East EIR, Such rules include regular watering on a daily basis to reduce dust hazards during construction in accordance with SCAQMD Rule 403, Rule 403 requires implementation of best available fugitive dust control measures during grading and construction activities with additional measures implemented under high wind conditions, See Air Qualitv for further discussion of fugitive dust control. G:/Projectf584Ilnitial StudylNovember 8,2001 IS-15 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT INITIAL STUDY High wind affects dust generation characteristics and creates the potential for off-site air quality impacts, especially with respect to airborne nuisance and particulate emissions, Minimal potential exists for wind erosion as vacant parcels within the Project Area are generally vegetated with perennial grasses and weeds leaving minimal potential for wind erosion of undeveloped parcels, Compliance with SCAQMD Rule 403 and grading and development standards administered by the City's Public Works Division will ensure that potential erosion of soils is minimized, d) The City of San Bernardino is situated in a seismically active region where numerous faults, capable of generating moderate to large earthquakes, are located, The San Andreas fault zone traverses the City in a northwest -southeast direction along the foothills of the San Bernardino mountains, The Project Area is located approximately four miles southerly of the San Andreas fault system, The San Jacinto fault zone also traverse the City through Cajon and Lytle Creeks, generally to the northwest and west ofthe Project Area, The Project Area is approximately three miles southeasterly of the Glen-Helen fault system, Both fault zones are located within an Alquist-Priolo Special Study Zone, a designation given when surface rupture may occur in the immediate vicinity due to movement along these faults, The Project Area is located outside the limits of the Alquist-Priolo Special Studies Zones for the San Andreas and the San Jacinto faults, as defined in the City's General Plan (reference Figure 47 of the City's General Plan); therefore, surface rupture is not likely to occur on the site, However, the vicinity like most of the City, is likely to experience peak ground acceleration from a maximum credible earthquake of magnitude 8,5 on the San Andreas Fault and 7,5 from the San Jacinto fault (reference Figure 46 of the General Plan), Groundshaking is due to seismic waves emanating from the epicenter after initial movement on the fault. Groundshaking will impact structures during earthquakes, The magnitude of the impact is related to the construction of the building and its foundation, The City has adopted seismic performance standards for all new construction, Any new building proposed will be constructed in conformance with the Uniform Building Code and any additional performance standards adopted by the City, Likewise, county, state and federal buildings must also comply with current building codes, It is anticipated that major earthquake groundshaking will occur during the lifetime of redevelopment projects in the Project Area from either the San Andreas or the San Jacinto faults, Due to the likelihood of earthquakes to occur within either of the large fault zones, the City requires a soils/geotechnical study to determine the impacts likely to occur on a specific project site, These would also be required of all government buildings in the Project Area, A site specific geotechnical investigation should be prepared for each development. Recommendations of the investigations are routinely incorporated in the design and construction of new projects, With adherence to the recommendations made by the geotechnical engineer, potential significant impacts associated with earthquakes in general would remain less than significant. e) The Project Area does not contain any unique geologic or physical features, G:lProjectl584lInitial StudylNovember 8,2001 IS-16 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT INITIAL STUDY t) The Project Area is not located in an area identified as having High Potential for Water or Wind erosion (reference Figure 53 of the General Plan), g) There are two creeks that traverse the Project Area, The Redevelopment Project EIR addresses the realignment of Town Creek and Warm Creek to control surface drainage in the Project Area, Routine maintenance of existing water courses or storm drains by the County Flood Control District or Army Corps of Engineers would be incidental to the project. Reinstatement of eminent domain would have no effect on the local drainage system, h) The Project Area is in a potential subsidence area (reference Figure 51 of the General Plan), As discussed within the City's General Plan, the historic area of subsidence was within the thick poorly consolidated alluvial and marsh deposits of the old artesian area north of Lorna Linda, Potential subsidence within this area may be as great as five to eight feet if groundwater is depleted from the Bunker Hill-San Timoteo Basin, Since 1972, the San Bernardino Municipal Water District has maintained groundwater levels through recharge to percolation basins which, in time, filters back into the alluvial deposits, Problems with ground subsidence have not been identified since the groundwater recharge program began, Landsliding can occur during an earthquake in areas where there are extreme changes in elevation such as in the foothills or mountain areas, The Project Area does not occur within an area susceptible to landslides (reference Figure 52 ofthe General Plan), i) The proposed project occurs within an area of Liquefaction Susceptibility (reference Figure 48 of the General Plan), Liquefaction is a phenomenon that occurs when strong earthquake shaking causes soils to collapse from a sudden loss of cohesion and undergo a transformation from a solid state to a liquefied state, This happens in areas where the soils are saturated with groundwater, Loose, soils with particle size in the medium sand to silt range are particularly susceptible to liquefaction when subjected to seismic groundshaking, Affected soils lose all strength during liquefaction and failure of building foundations can occur. As development projects are proposed, site-specific geotechnical liquefaction reports will be required by the City's Public Works Division to determine potential surface ground failures from liquefaction prior to site development/redevelopment. This is a standard requirement for development proposals in areas subject to liquefaction, IV. WATER a-d) The proposed reinstatement of eminent domain for the Central City East Redevelopment Project Area will not produce changes in absorption rates, drainage patterns or the rate and amount of surface runoff not previously identified in the EIR, As development projects are proposed, drainage and erosion control plans will be prepared in accordance with development standards as administered by the City's Public Works Division, e) The majority of the Project Area does not occur within a 1 OO-year Flood Plain as shown on Figure 62 of the City's General Plan, However, a small area associated with Seccombe Lake is within the 100- year Flood Plain, The reinstatement of eminent domain in the Central City East Project Area would G:/Project/584I1nitial StudylNovember 8, 2001 IS-17 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT INITIAL STUDY have no affect on the management of the Lake and surrounding park, V. AIROUALITY a-b) Air quality is affected by both the rate and location of pollutant emissions and by meteorological conditions which influence movement and dispersal of pollutants, Atmospheric conditions such as wind speed, wind direction, and air temperature gradients, along with local topography, provide the link between air pollutants and air quality, The project is in the northeast portion of the South Coast Air Basin (SCAB), which includes Orange County, and portions of Los Angeles, Riverside, and San Bernardino counties, The SCAB is an area of 6,600 square miles bounded by the Pacific Ocean to the west and the San Gabriel, San Bernardino, and San Jacinto mountains to the north and east, The mountains which reach heights of up to 11,000 feet above mean sea level (msl), act to prevent airflow and thus the transport of air pollutants out of the basin, The San Bernardino Valley portion of the SCAB is designated a non-attainment area for nitrogen dioxide, sulfates, particulate matter, and ozone, The criteria pollutants identified in the SCAB that would be associated with the proposed project include: - Ozone (03) - Carbon monoxide (CO) - Nitrogen dioxide (NOz) - Particulate matter (PMIO) - Sulfur dioxide (SOz) - Reactive Organic Compounds (ROC) SCAQMD adopted the Final 1994 Air Quality Management Plan (AQMP) revision in September 1994 and a draft 1997 update in August 1996 to establish a comprehensive control program to achieve compliance with federal and state air quality standards for healthful air quality in the SCAB, The Final AQMP was adopted by the SCAQMD Board in November 1996 and has since been approved by the California Air Resources Board (CARE), The AQMP policies serve as the framework for all control (permitting) efforts in the SCAB as enforced by the SCAQMD for stationary sources, CARE regulates mobile sources, Redevelopment within the Central City East Redevelopment Area will result in demolition, construction and site grading, Individual projects will be relative small (lot sizes approximately 1,5 to 5 acres) and grading and construction will not likely exceed emission thresholds, However, since the South Coast Air Basin is in non-attainment status for ozone and suspended particulates (PMIO) standard measures have been adopted by the City based on SCAQMD Rule 403 to minimize the project contribution to regional emission of criteria pollutants, Additionally, fugitive dust generated by construction activities would add to the ambient PMIO levels but should not exceed SCAQMD threshold of 150 Ibs/day after standard dust abatement procedures are applied, The City's General Plan policies 10,10,2 and 10,10.4 require dust abatement measures during grading G:/Project/584/lnitial StudylNovemher 8,2001 IS-18 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT INITIAL STUDY and construction operations, and cooperation with SCAQMD by incorporating pertinent local implementation provisions of the SCAQMD, Implementation of Rule 403 and standard construction practices during all operations capable of generating fugitive dust, will include but not be limited to the use of best available control measures, such as: I) Water active grading areas and staging areas at least twice daily as needed; 2) Ensure spray bars on all processing equipment are in good operating condition; 3) Apply water or soil stabilizers to form crust on inactive construction areas and unpaved work areas; 4) Suspend grading activities when wind gusts exceed 25 mph; 5) Sweep public paved roads if visible soil material is carried off-site; 6) Enforce on-site speed limits on unpaved surfaces to 15 mph; and 7) Discontinue construction activities during Stage I smog episodes, c/d) The local climate can be classified as Mediterranean with hot and dry summers and short, wann and relatively dry winters, Temperatures range from a low of 32 degrees Fahrenheit (" F) in the winter to a high in excess of 1000 F during the summer. Mean annual temperature is 650 F. Average annual precipitation for the area is 18 inches, which is almost exclusively rain, The proposed project will not significantly alter air movement, moisture, or temperature, or cause any change in climate, The Project Area and planned land uses are small in scale and would not alter area temperature, moisture, or air movement. Proposed implementation of eminent domain would not affect the physical environment. The Redevelopment Plan for the Project Area is consistent with the City's General Plan and zoning with regard to permitted land uses in the Project Area, Plan implementation and adoption of eminent domain would not increase air emissions over that considered in the Program EIR, End use of the proposed project, redevelopment of an existing urban area, will not result in objectionable odors, VI. TRANSPORTATION a) As stated in the Program EIR, redevelopment within the Central City East Project Area will have an overall positive impact to circulation and traffic within the City, To date, major intersections within the City have been reconstructed to permit improved service, Implementation of the Redevelopment Plan through the use of eminent domain will continue to have a positive impact on traffic within the Project Area, b) The reinstatement of eminent domain will not result in altering the present pattern of circulation in the vicinity of the Project Area, c) The reinstatement of eminent domain will not change the basic paths or patterns of circulation in the immediate area, and will not create any disjointed roadway improvements, d) The reinstatement of eminent domain will not impact rail or air traffic, The nearest airport or airstrip to the project site is the San Bernardino International Airport (former Norton Air Force Base) located approximately 2,5 miles to the east; and the Rialto Municipal Airport, located approximately 5,5 miles northwest. The nearest passenger railroad operation is the Amtrak Station at 3rd Street and Mt. Vernon approximately 3 miles to the northwest. The project will not stimulate any activity that would place demands on rail or air traffic, nor interfere with their operations, G:fProject/584/Initial StudylNovember 8,2001 IS-19 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT INITIAL STUDY e) All parking for individual projects will be provided on-site, Parking spaces for individual projects within the Project Area will be in compliance with the requirements of Chapter 19,24 of the City of San Bernardino Development Code, f) The reinstatement of eminent domain would not affect proposed roadway improvements planned by the City of San Bernardino or the County of San Bernardino in its redevelopment of the County Government Center area, Increased traffic associated with growth in the Project Area will not interfere with existing vehicle flows or bicyclists and pedestrians, The area is urban and includes sidewalks, crosswalks, and signalized intersections with pedestrian crossing lights, Bicycle use has increased in recent years, as employees of minimum wage jobs have adopted this as a viable mode of transportation, Consideration of bicycle lanes could resolve any future conflicts between cyclists and vehicles, This issue will likely be addressed in the City's General Plan Update to commence in 2002, g) The reinstatement of eminent domain will not conflict with adopted policies supporting alternative modes of transportation, h) New and redeveloped construction design will include adequate emergency access on-site as standard requirements by City public safety departments, Design plans for these projects must be in compliance with the City's Development Code and will be reviewed and approved by the City Fire Marshal and Police Department prior to site disturbance, VII. BIOLOGICAL RESOURCES a-c) The Project Area does not occur within a Biological Resources Management Overlay (reference Figure 41 of the General Plan), The California Department of Fish and Game maintains a Natural Diversity Database that lists threatened and/or endangered species that occur within a given area. The Project Area occurs within the San Bernardino South Quandrangle, Wildlife species listed within the quandrangle do not occur within the boundaries of the Project Area due to the area's urban development. Additionally, no sensitive plant or animal species are expected to occur due to the highly disturbed nature of the area and urban surroundings, Sensitive plant species that may occur on vacant parcels, would not represent significant stands as the parcels are relatively small and adjacent to developed lands, Development within the area has eliminated any wildlife corridors that may have occurred in the past. d) The Project Area does not contain wetland or riparian habitat. e) Several mature trees are known to occur throughout the Project Area, Removal of some mature trees may be required to accommodate site construction and/or grading/paving activities, The City requires an applicant to prepare an arborist's report on the condition of mature trees that have six inch or greater trunk diameters, A Tree Removal Permit would be issued concurrent with project approval for the anticipated removal of mature trees in conjunction with proposed development in accordance with Development Code Section 19,28,090, G:/Project/584/1nitial StudylNovember 8, 200] IS-20 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT INITIAL STUDY VIII. ENERGY AND MINERAL RESOURCES a) Reinstatement of eminent domain and development of properties in the Project Area will not result in any conflicts with adopted energy conservation measures as required by the City of San Bernardino, Compliance with existing codes, ordinances, recognized conservation measures, ongoing "best available technology" and the General Plan will occur with City approval of the final project plans to reduce any net decrease in energy resources, As proposed, the project will not create any significant demand on existing/planned energy resources and facilities, County, state and federal construction projects which are not subject to City building review, still must comply with state and federal guidelines for energy conservation, b) Non-renewable resources to be used by contractors during redevelopment include diesel fuel, and natural gas, All uses shall be designed to be efficient; no wasteful use of non-renewable resources will occur. c) No loss of valuable mineral resources will occur during the redevelopment process, Redevelopment may include aggregate resources in the construction of parking lots and buildings, Steel, concrete, and asphalt will be required as part of construction, These resources are commercially available in the local area without any constraint and no potential for adverse impacts to the natural resource base supporting these materials is forecast to occur over the foreseeable future, This demand is not significant due to the abundance of available local aggregate resources, IX. HAZARDS a) Hazardous or toxic materials transported in association with development projects may include items such as oils and fuels, All materials required during development and operation of projects will be used and transported in compliance with State and local regulations, b) New companies may use or store hazardous or toxic substances as part of a manufacturing process, All substances would be used and stored in controlled environments in accordance with existing requirements of the County Department of Health, State Department of Toxic Substance Control, SCAQMD and other permitting agencies, c) A number of existing sites may contain discarded wastes, However these wastes are generally non- hazardous and likely contain household goods, construction debris and/or large bulky items (mattresses/furniture), Land used for light manufacturing or automobile fueling stations may contain underground storage tanks, If a parcel is suspected of containing USTs and/or other materials known to contain hazardous materials, a Phase I Site Assessment would be prepared by a Registered Environmental Assessor (REA) for sites that are suspected of potential hazardous material (visible USTs, dumping or stained soils), Recommendations contained in the report would be implemented prior to any site development. G:/Project/584/1nilial StudylNovember 8, 2001 IS-2l CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT INITIAL STUDY X. NOISE a/b) Reinstatement of eminent domain will not create noise levels within the Project Area not previously identified within the EIR, The project does not involve the development of housing, health care facilities, schools, or other noise sensitive uses in areas where existing or future noise levels exceed an Loo of 65 dB(A) exterior and an ~n of 45 dB(A) interior. XI. PUBLIC SERVICES a/b) Development in the Project Area will not place additional demands on fire protection and medical aid services beyond what the City has planned for in the General Plan, The Project Area is not located in a fire hazard zone (reference Figure 61 of the General Plan), The Project Area is served by a City Fire Station located on the southwest corner of Mill Street and Arrowhead Avenue, Standard requirements for fire protection facilities, building design, and site access will be reviewed and approved by the City of San Bernardino Fire Department. No additional impacts not previously identified within the Program EIR were found, c) The project will not place additional demands on police services, Security measures will be incorporated into the design of new projects and reviewed during the design review by the department, and will be verified during plan review by the City Police Department. die) Development in the Project Area will not create additional jobs not previously identified in the Redevelopment Plan and Program EIR, Jobs created as a result of redevelopment will likely be filled by residents in the City or from surrounding communities near the City of San Bernardino, Development in the Project Area will therefore not create a demand for new or additional school services, parks, or other recreational facilities as the workforce will be drawn from the existing population of the area, Water requirements will be met by the City of San Bernardino, Existing water mains are present in the Project Area, f) Redevelopment of the Project Area will generate solid waste as identified in the Program EIR, Reinstatement of the eminent domain will not increase additional demands on the solid waste system, Site owners/developers will cooperate with the City Public Services Department in participating in green waste diversion programs, g-h) Redevelopment of the Project Area will generate additional traffic as identified in the Program EIR, Additional vehicle trips will not be generated by the implementation of eminent domain, Access to individual sites is provided by a series of arterials through this segment of the City, The Public Works Division through standard conditions of approval, requires Traffic System Impact Fees with the development of new projects, G:/Project/58411nitial SmdylNovember 8,2001 IS-22 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT INITIAL STUDY XII. UTILITIES a) Natural gas service is provided to the Project Area by the Southern California Gas Company, The project will not impact the company's ability to provide adequate levels of service nor will it create the need to increase capacity, No additional impacts not previously identified in the Program EIR will occur as a result. b) Electricity is provided to the Project Area by Southern California Edison (SCE), The Program EIR identified increased demands on electric systems, Mitigation measures contained in the Program EIR will continue to be implemented to reduce impacts to electrical systems, Implementation of eminent domain will not place additional demands on electrical systems and SCE's ability to provide adequate levels of services, c) The Project Area is within the service area of Verizon (formerly General Telephone), The service can be readily extended to sites without any significant impact to existing service in the area, Implementation of eminent domain will not place additional demand on communication systems, d) Water supply is provided by the City of San Bernardino Municipal Water Department. No additional impacts to water distribution not previously identified in the Program EIR will result from the implementation of eminent domain, e) The Project Area is within the City of San Bernardino sewage service area which has adequate capacity to service the Project Area, Appropriate Sewer Connection Fees will be required by the Division of Public Works through standard conditions of approval, No additional impacts not previously addressed in the Program EIR were identified, t) The Program EIR identified storm drains and sewers within the Project Area as in need of repair and/or replacement. Mitigation measures addressed in Section 6.10 of the Program EIR will be implemented to ensure impacts to storm water drainage systems are mitigated, The Public Works Division, through standard conditions of approval, will require appropriate storm drain construction and payment of Drainage Impact Fees, The proposed project will not place additional impacts on the system, g) The Project Area is part of an urban area that has adequate utility service to provide for additional demands, The project will give the City eminent domain to implement redevelopment procedures within the Central City East Project Area to ultimately convert dilapidated building and unsightly land uses into aesthetically pleasing, well transitioned commercial and light industrial uses, Utility systems are in place to serve the surrounding areas and are master-planned to provide service to the Project Area without creating disjointed patterns of service extensions, XIII. AESTHETICS a-b) As identified in the Program EIR, the Central City East Redevelopment Project will have a positive aesthetic impact. Upon completion redevelopment activities will result in the elimination of obsolete G:/Project/584fJnitial SlUdylNovember 8, 200] IS-23 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT INITIAL STUDY and outmoded structures and the rehabilitation of other vacant and underutilized buildings, Reinstatement of eminent domain will stimulate redevelopment activities to achieve an overall upgrade of the area and provide a climate for efficient business activity and an enhanced environmental setting, c) The Program EIR did not discuss impacts from new light or glare sources, Redevelopment of the Central City East Redevelopment Project will include additional light and glare from new structures, However, the Project Area is largely made up of commercial and professional office buildings and related uses (i.e" restaurants and other related retail uses); therefore new light will not significantly affect other future development in the area, Standard conditions of approval for development projects will ensure compliance with the City's Development Code standards for light and glare, XlV. CULTURAL RESOURCES albic) The Program EIR for the Project identified one, historic resource in the Project Area, the Atwood Adobe, In the intervening 25 years, other buildings may have become eligible for listing as an historic resource, During site plan review, Agency/City staff will make a determination for individual projects with regard to cultural resources, In addition, the County Courthouse and grounds are historic and may contain historic or prehistoric resources, Development of the County's superblock, will require additional surveys, However, reinstatement of eminent domain would not apply to County-owned properties in the Project Area, xv. RECREATION aIb) Reinstatement of eminent domain would have no impact on recreation, The Project Area includes a Meadowbrook Park and Seccombe Lake, two recreation areas in the Central City, The creation of new jobs is likely to be filled by residents from the City and neighboring communities, therefore there would not likely be an increase in demand for park and recreation opportunities, Reinstatement of eminent domain will not produce an additional demand for neighborhood or regional parks or other recreational facilities, nor will it affect existing recreational opportunities, XVI MANDATORY FINDINGS OF SIGNIFICANCE a) The Project Area does not occur within a Biological Resources Management Overlay (reference Figure 41 of the General Plan), The California Department of Fish and Game maintains a Natural Diversity Database that lists threatened and/or endangered species that occur within a given area, The Project Area occurs within the San Bernardino South Quandrangle, Wildlife species listed within the quadrangle do not occur within the boundaries ofthe Project Area, Additionally, no sensitive plant or animal species are expected to occur due to the highly disturbed nature of the area and urban surroundings, Sensitive plants species that may occur on vacant parcels, would be an aberration representing isolated remnant examples that would not contribute to the recovery of the species, The urban nature of the area, including existing roads, channelized creeks, and developed properties has eliminated any wildlife corridors that may have occurred in the past. Seccombe Lake represents an oasis in the urban Project Area that offers a respite for some migratory birds, The reinstatement of G:/Project/584/1nitial StudylNovember 8, 2001 IS-24 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT INITIAL STUDY eminent domain and the redevelopment of urban spaces in the Project Area would have no effect on the Lake or surrounding park area, b) The reinstatement of eminent domain would assist the Agency in reaching its goals to redevelop the Central City East Redevelopment Project Area, This would include assemblage of parcels to develop commercial, professional and government uses and related commercial uses that in turn would create jobs for the local labor force, This is a long-term goal of the Agency, c) Cumulative development in the Project Area was evaluated in the Program EIR, No new cumulative projects, not previously considered by the Agency are known, d) No substantial adverse environmental effects not previously considered in the Program EIR were identified for the Agency proposed reinstatement of eminent domain to stimulate redevelopment in the Project Area, G:/Projec1l584/Inilial StudylNovember 8, 2001 IS- 25 EXHIBIT 7 RESOLUTION RESOLUTION NO. 2 3 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, MAKING A FINDING THAT CONDITIONS OF BLIGHT BURDEN THE REDEVELOPMENT PROJECT AREA OF THE CENTRAL CITY EAST REDEVELOPMENT PROJECT, APPROVING THE SECTION 33352 REPORT TO THE MAYOR AND COMMON COUNCIL ON THE 2001 EMINENT DOMAIN AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE CENTRAL CITY EAST REDEVELOPMENT, APPROVING THE 2001 EMINENT DOMAIN AMENDMENT TO THE REDEVELOPMENT PLAN AND RECOMMENDING THE CERTIFICATION OF THE ADDENDUM TO THE 1975 ENVIRONMENTAL IMPACT REPORT 4 5 6 7 8 9 10 WHEREAS, the City of San Bernardino ("City") is a charter city organized and existin under the Constitution and laws ofthe State of California; and WHEREAS, the Redevelopment Agency of the City of San Bernardino ("Agency") is II 12 13 public body corporate and politic, organized and existing under the California Communit 14 Redevelopment Law, Health and Safety Code Sections 33000, et seq, ("CRL"); and WHEREAS, the Community Development Commission of the City of San Bernardin (the "Commission") is the governing board of the Agency; and WHEREAS, the Mayor and Common Council of the City ("Common Council"), b adoption of Ordinance No, 3571 on May 3, 1976, approved and adopted the Redevelopment Pia for the Central City East Redevelopment Project; and WHEREAS, concurrent with adoption of the Redevelopment Plan, the Mayor an Common Council certified a Final Environmental Improvement Report (the "1975 FEIR Central City East") for the Redevelopment Plan as amended in accordance with the Californi Environmental Quality Act of 1970, as amended ("CEQA"); and WHEREAS, California Community Redevelopment Law, Health and Safety Cod 15 16 17 18 19 20 21 22 23 24 Section 33476 authorized the financial merger of the redevelopment project area of the Centra City East Redevelopment Project with the "Central City Project" (collectively th 25 11/08/2001 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Redevelopment Plan for the Central City East as financially merged with the Central City Projec is referred to herein as the "Original Plan"), WHEREAS, the Mayor and Common Council, by adoption of Ordinance No, MC-563 0 December 8, 1986, approved and adopted the First Amendment to the Original Plan, as amende ("First Amendment"); and WHEREAS, the Common Council, by adoption of Ordinance No, MC- 721 on April 2 1990, approved and adopted the Second Amendment to the Original Plan, as amended ("Secon Amendment"); and WHEREAS, the Common Council, by adoption of Ordinance No, MC-918 on December 20 1994, approved and adopted the Third Amendment to the Original Plan, as amended ("Thir Amendment"); and WHEREAS, the Original Plan, as amended by the First Amendment; Second Amendmen and Third Amendmel1t is hereinafter referred to as the Redevelopment Plan; and WHEREAS, the Redevelopment Plan delineates the redevelopment project area for th Central City East Redevelopment Project (the "Project Area"); and WHEREAS, the Commission and Common Council have initiated proceedings for th adoption of a further amendment to the Redevelopment Plan entitled "2001 Eminent Domai Amendment to the Redevelopment Plan for the Central City East Redevelopment Project" (th "2001 Amendment"); and WHEREAS, the 2001 Amendment shall reinstate the Agency's eminent domain authorit with respect to all non-residentially used or occupied property in the Project Area for a twelv (12) year period, commencing on the date of adoption of the Ordinance of the Common Counci approving the 2001 Amendment; and WHEREAS, the Commission consented to hold a joint public hearing with the Mayo and Common Council with respect to the 2001 Amendment, at which hearing any and all person having any objection to the 2001 Amendment, the proposed Addendum to the 1975 Environmental Impact Report for the Redevelopment Plan for the Original Plan (the "Addendu 11108/2001 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 to the 1975 EIR"), or the regularity of any prior proceedings concerning the 2001 Amendment was allowed to appear before the Common Council and show cause why the 2001 Amendmen should not be adopted; and WHEREAS, notice of the joint public hearing of the Commission and Common Counci with respect to the 2001 Amendment and the Addendum to the 1975 EIR was prepared published and served by United States Mail in accordance with applicable law and a copy ofth affidavit of publication of such public notice and a declaration of service by United States Mai of such public notice is on file in the Office of the City Clerk; and WHEREAS, the joint public hearing of the Commission and Common Council was dul held on November 19, 2001; and WHEREAS, the Agency prepared the text of the 2001 Amendment as on file with th City Clerk; and WHEREAS, the Agency staff prepared a document entitled "Report to the Mayor an Common Council on the 2001 Eminent Domain Amendment to the Redevelopment Plan for th Central City East Redevelopment Project" (the "33352 Report"); and WHEREAS, the Commission has considered the information set forth in the Initial Stud prepared for the 2001 Amendment and the accompanying Addendum to the 1975 EIR i accordance with CEQA Guidelines Section 15164 finding that the 2001 Amendment shall no result in any new significant environmental effect or increase in severity of a previousl identified environmental effect that would require major revisions to the 1975 EIR; and WHEREAS, the 2001 Amendment: (i) does not change the boundaries of the Project Area; (ii) does not modify the applicable limitations in the Redevelopment Plan 0 indebtedness that the Agency may incur for the redevelopment of the Project Area; (iii) does not modify or affect any provision of the Redevelopment Plan relating to th allocation of taxes; " 11108/200 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (iv) shall not result in the displacement of any person from a residential dwelling uni by means of the Agency's exercise of the power of eminent domain to acquire any interest i property; and (v) apart from the reinstatement of the power of the Agency to acquire non residentially used or occupied property in the Project Area for a twelve (12) year period oftim following the date of adoption of the Ordinance, the 2001 Amendment shall not affect any othe provision of the Redevelopment Plan; WHEREAS, all legal prerequisites of the Commission and the Common Council to th passage of this Ordinance have been satisfied in accordance with applicable law, NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF TH CITY OF SAN BERNARDINO DOES HEREBY ORDER AND RESOLVE AS FOLLOWS: SECTION I. The purposes and intent of the Commission with respect to the 2001 Amendment is to reinstate the power of the Agency to acquire certain property by exercise 0 eminent domain authority with respect to non-residential property in the Project Area, as se forth in the 2001 Amendment, and thereby protect and promote the sound redevelopment ofth Project Area and the general welfare of the inhabitants of the City by providing a method of non residential property acquisition through the potential use of eminent domain for the Agency t assemble parcels and attract redevelopment interest and investment by owner participants an developers of land, who have entered into agreements and covenants on acceptable terms to th Agency for the redevelopment of such land, consistent with the Redevelopment Plan, the City' General Plan and applicable zoning regulations, SECTION 2, No written objection to the 2001 Amendment was received by th Commission prior to the joint public hearing and no written or oral objection was submitted t the Commission or the Common Council prior to the close of the joint public hearing on th 200 I Amendment. Based on all staff reports and consultant reports prepared by or at th direction of the Agency and the City; the staff and consultants' presentations submitted at th joint public hearing, including without limitation the visual display of maps, graphs, charts an 11/08/2001 2 3 4 photographs and the oral comments of interested persons submitted to the Commission and th Common Council at the joint public hearing; the 33352 Report; the Initial Study and th Addendum to the 1975 EIR and the comments as submitted with respect to the Addendum to th 1975 EIR and the text of the 2001 Amendment, the Commission hereby finds and determine 21 22 23 24 25 the Project Area continues to display conditions of blight and the Project Are remains as a blighted area, the redevelopment of which is and remains necessar to effectuate the public purposes of the CRL. This finding is based in part on th research and facts set forth in the 33352 Report; the 2001 Amendment to the Redevelopment Plan shall assist the Agency t correct and eliminate the spread of blight in the Project Area from commerciall zoned and used lands into residentially zoned and used lands in the Project Are by means of assisting owner participants under the terms of specifi redevelopment agreements and covenants acceptable to the Agency to consolidat parcels, eliminate obsolete or blighted structures or conditions on commercial us property and preserve and create new employment and private capital investmen in the Project Area and assisting owner participants and developers under th terms of specific redevelopment agreements and covenants acceptable to th Agency to consolidate parcels, eliminate obsolete structures or conditions 0 commercial use property and preserve and create new employment and privat capital investment in the Project Area, SECTION 3, The Commission hereby acknowledges its receipt and approval of th 33:J52 Report, The Commission hereby requests the Common Council to consider and approv the 33352 Report in the form as submitted at the joint public hearing for the adoption of the 2001 Amendment to the Redevelopment Plan, SECTION 4, Prior to the opening of the joint public hearing at which this Resolution i adopted, the Commission received the Initial Study prepared by the Economic Developmen 11/08/2001 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Agency of the City of San Bernardino regarding the 2001 Amendment. The Commissio independently reviewed the Initial Study, In its independent discretion, the Common Counci hereby finds and determines that the Initial Study adequately describes the 2001 Amendment an accurately identifies and assessed all of the potentially significant environmental effects 0 impacts of the implementation of the 2001 Amendment. The Common Council further finds an determines that, in 1975, a Program Environmental Impact Report ("1975 EIR") was certified i conjunction with the adoption of the Original Plan, In 1975, there was no time limit on th exercise of the power of eminent domain within the Project Area by the Agency, Subsequently the California Legislature imposed a statutory time limit on the exercise of the power of eminen domain within the Project Area by the Agency, The imposition of this statutory time limit ha occasioned the 2001 Amendment to extend the time during which the Agency may exercise th power of eminent domain within the Project Area, In 1975, it was contemplated that the Agenc would be able to exercise of the power of eminent domain within the Project Area for the life 0 the Original Plan, Thus, the 2001 Amendment to extend the time during which the Agency ma exercise of the power of eminent domain within the Project Area does not present any ne significant environmental effects or any differences in the severity of previously identifie environmental effects and no new information that was not and could not have been known whe the 1975 EIR was certified shows any new significant environmental effects or any differences i the severity of previously identified environmental effects would result from the implementatio of the 2001 Amendment, Therefore, the Commission further finds and determines that there ar no new significant environmental effects or any differences in the severity of environmenta effects associated with the implementation of the 200 I Amendment from those identified in th 1975 EIR requiring major revisions to the 1975 EIR, under Public Resources Code Sectio 21166 and Title 14 California Code of Regulations Section 15162, The Commission furthe finds and determines that no new information that was not and could not have been known whe the 1975 EIR was certified has become available showing that the implementation of the 2001 Amendment will have any new significant environmental effects or cause any differences in th 11/08/2001 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 severity of previously identified environmental effects requiring major revisions to the 1975 EIR under Public Resources Code Section 21166 and Title 14 California Code of Regulations Sectio 15162, Based on the Initial Study regarding the 2001 Amendment and the findings an determinations of the Commission set forth herein, the Commission hereby finds and determine that no revision or supplement to the 1975 EIR and no subsequent environmental impact report i required under the California Environmental Quality Act (Public Resources Code Section 21000 et seq,) for the adoption of the 2001 Amendment or the request of the Commission that th Common Council adopt an Ordinance approving and adopting the 2001 Amendment. Th Commission further finds and determines that it is appropriate for the City to attach the Initia Study to the 1975 Program EIR, as an Addendum, under Title 14 California Code of Regulation Section 15164, The Commission hereby requests the Common Council to consider thos findings and recommendations of the Commission relating to the Addendum to the 1975 EIR an to certify the Addendum to the 1975 EIR, in accordance with Public Resources Code Sectio 21152 and Title 14 California Code of Regulations Sections 15096(i) and 15094, and to attac the Initial Study to the 1975 Ern., as an Addendum, under Title 14 California Code 0 Regulations Section 15164, SECTION 5, The Commission hereby approves and adopts the 2001 Amendment, copy of which is on file with the Agency Secretary, and which 2001 Amendment is incorporate herein by this reference, and the Commission designates the Redevelopment Plan, as amende by the 2001 Amendment (hereinafter, the "Amended Redevelopment Plan") as the officia redevelopment plan for the Central City East Redevelopment Project subject to the adoption 0 an appropriate Ordinance of the Common Council which approves and adopts the 2001 Amendment and the Amended Redevelopment Plan, SECTION 6, If any section, subsection, subdivision, sentence, clause, phrase, or portio of this Resolution, is, for any reason, held to be invalid or unconstitutional by the decision of an court of competent jurisdiction, such decision shall not affect the validity of the remainin portions of this Resolution, The Commission hereby declares that it would have adopted thi 11/08/2001 Resolution and each, section subdivision, sentence, clause, phrase, or portion of this Resolution 2 irrespective of the fact that one or more sections, subdivisions, sentences, clauses, phrases, 0 3 portions of this Resolution be declared invalid for any reason, 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 11/08/2001 1 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, MAKING A FINDING THAT CONDITIONS OF BLIGHT BURDEN THE REDEVELOPMENT PROJECT AREA OF THE CENTRAL CITY EAST REDEVELOPMENT PROJECT, APPROVING THE SECTION 33352 REPORT TO THE MAYOR AND COMMON COUNCIL ON THE 2001 EMINENT DOMAIN AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE CENTRAL CITY EAST REDEVELOPMENT, APPROVING THE 2001 EMINENT DOMAIN AMENDMENT TO THE REDEVELOPMENT PLAN AND RECOMMENDING THE CERTIFICATION OF THE ADDENDUM TO THE 1975 ENVIRONMENTAL IMPACT REPORT 2 3 4 5 6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Communit Development Commission of the City of San Bernardino at a meeting thereof, held on the day of ,2001, by the following vote to wit: 7 8 Commission Members: Aves Navs Abstain Absent 9 ESTRADA LIEN MCGINNIS SCHNETZ SUAREZ ANDERSON MC CAMMACK 10 11 12 13 14 15 16 Secretary 17 The foregoing resolution is hereby approved this day of ,2001. 18 19 20 Approved as to form and Legal Content: Judith Valles, Chairperson Community Development Commission City of San Bernardino 21 22 By: 23 Agency Counsel 24 25 11/08/2001 2 STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) 3 I, Secretary of the Community Development Commission of the City of San Bernardino, 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, 4 5 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the Community Development Commission of the City of San Bernardino this day of ,2001. 6 7 8 9 Secretary of the Community Development Commission of the City of San Bernardino 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 11108/200 I EXHIBIT 8 ORDINANCE " j, 1 2 3 4 5 6 ORDINANCE NO, AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING THE SECTION 33352 REPORT TO THE MAYOR AND COMMON COUNCIL AND ADOPTING THE 2001 EMINENT DOMAIN AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE CENTRAL CITY EAST REDEVELOPMENT PROJECT AND CERTIFYING AN ADDENDUM TO THE 1975 ENVIRONMENTAL IMP ACT REPORT 7 WHEREAS, the City of San Bernardino ("City") is a charter city organized and existing 8 under the Constitution and laws of the State of California; and 9 WHEREAS, the Redevelopment Agency of the City of San Bernardino ("Agency") is a 10 public body corporate and politic, organized and existing under the California Community 11 12 13 14 15 16 17 18 19 20 21 22 23 Redevelopment Law, Health and Safety Code Sections 33000, et seq, ("CRL"); and WHEREAS, the Community Development Commission ofthe City of San Bernardino (the "Commission") is the governing board ofthe Agency; and WHEREAS, the Mayor and Common Council ofthe City ("Common Council"), by adoption of Ordinance No, 3571 on May 3, 1976, approved and adopted the Redevelopment Plan for the Central City East Redevelopment Project; and WHEREAS, concurrent with adoption of the Redevelopment Plan, the Mayor and Common Council certified a Final Environmental Improvement Report (the "1975 FEIR-Central City East") for the Redevelopment Plan as amended in accordance with the California Environmental Quality Act of 1970, as amended ("CEQA"); and WHEREAS, California Community Redevelopment Law, Health and Safety Code Section 33476 authorized the financial merger of the redevelopment project area of the Central City East Redevelopment Project with the "Central City Project" (collectively the Redevelopment Plan for 24 the Central City East as financially merged with the Central City Project is referred to herein as the 25 "Original Plan"), 26 27 28 S8200 U3046.1 1 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, the Common Council, by adoption of Ordinance No, MC-563 on December 8, 1986, approved and adopted the First Amendment to the Original Plan ("First Amendment"); and WHEREAS, the Mayor and Common Council, by adoption of Ordinance No, MC-721 on April 2, 1990, approved and adopted the Second Amendment to the Original Plan, as amended ("Second Amendment"); and WHEREAS, the Common Council, by adoption of Ordinance No, MC-919 on December 20, 1994, approved and adopted the Third Amendment to the Original Plan, as amended ("Third Amendment"); and WHEREAS, the Original Plan, as amended by the First Amendment, Second Amendment, and Third Amendment is hereinafter referred to as the Redevelopment Plan; and WHEREAS, the Redevelopment Plan delineates the redevelopment project area for the Central City East Redevelopment Project (the "Project Area"); and WHEREAS, the Agency and Common Council have initiated proceedings for the adoption of a further amendment to the Redevelopment Plan entitled "2001 Eminent Domain Amendment to the Redevelopment Plan for the Central City East Redevelopment Project" (the "2001 Amendment"); and WHEREAS, the 2001 Amendment shall reinstate the Agency's eminent domain authority with respect to all non-residentially used or occupied property in the Project Area for a twelve (12) year period, commencing on the effective date of this Ordinance; and WHEREAS, the Mayor and Common Council consented to hold ajoint public hearing with the Commission with respect to the 200 I Amendment, at which hearing any and all persons having any objection to the 2001 Amendment, the proposed Addendum to the 1975 Environmental Impact Report for the Redevelopment Plan for the Original Plan (the "Addendum to the 1975 EIR"), or the regularity of any prior proceedings concerning the 200 I Amendment, was allowed to appear before the Common Council and show cause why the 2001 Amendment should not be adopted; and 58200123046.1 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, notice ofthejointpublic hearing ofthe Commission and Common Council with respect to the 2001 Amendment and the Addendum to the 1975 EIR was prepared, published and served by United States Mail in accordance with applicable law and a copy of the affidavit of publication of such public notice and a declaration of service by United States Mail of such public notice is on file in the Office of the City Clerk; and WHEREAS, the joint public hearing ofthe Commission and Common Council was duly held on November 19, 2001; and WHEREAS, the Agency prepared the text of the 2001 Amendment as on file with the City Clerk; and WHEREAS, the Agency staff prepared a document entitled "Report to the Mayor and Common Council on the 2001 Eminent Domain Amendment to the Redevelopment Plan for the . Central City Redevelopment Project" (the "33352 Report"); and WHEREAS, the Common Council considered the information set forth in the Initial Study prepared for the 200 I Amendment and the accompanying Addendum to the 1975 EIR in accordance with CEQA Guidelines Section 15164 finding that the 2001 Amendment shall not result in any new significant environmental effect or increase in severity of a previously identified environmental effect that would require major revisions to the 1975 EIR; and WHEREAS, the 2001 Amendment: (i) does not change the boundaries of the Project Area; (ii) does not modify the applicable limitations in the Redevelopment Plan on indebtedness that the Agency may incur for the redevelopment of the Project Area; (iii) does not modify or affect any provision of the Redevelopment Plan relating to the allocation of taxes; (iv) shall not result in the displacement of any person from a residential dwelling unit by means of the Agency's exercise of the power of eminent domain to acquire any interest in property; and SB200123046.1 3 (v) apart from the reinstatement of the power ofthe Agency to acquire non-residentially used or occupied property in the Project Area for a twelve (12) year period of time following the effective date of this Ordinance, the 2001 Amendment shall not affect any other provision of the Redevelopment Plan; WHEREAS, all legal prerequisites of the Commission and the Common Council to the passage of this Ordinance have been satisfied in accordance with applicable law, NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ORDAINS AS FOLLOWS: . S82001 :23046.1 4 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Addendum to the 1975 EIR and the comments as submitted with respect to the Addendum to the 1975 EIR and the text of the 2001 Amendment, the Common Council hereby finds and determines that: (i) the Project Area continues to display conditions of blight and the Project Area remains as a blighted area, the redevelopment of which is and remains necessary to effectuate the public purposes of the CRL, This finding is based in part on the research and facts set forth in the 33352 Report; (ii) the 2001 Amendment to the Redevelopment Plan shall assist the Agency to correct and eliminate the spread of blight in the Project Area from commercially zoned and used lands into residentially zoned and used lands in the Project Area by means of assisting owner participants under the terms of specific redevelopment agreements and covenants acceptable to the Agency to consolidate parcels, eliminate obsolete or blighted structures or conditions on commercial use property and preserve and create new employment and private capital investment in the Project Area and assisting developers under the terms of specific redevelopment agreements and covenants acceptable to the Agency to consolidate parcels, eliminate obsolete structures or conditions on commercial use property and presence and create new employment and private capital investment in the Project Area, SECTION 3, The Common Council hereby acknowledges its receipt of the 33353 Report from the Agency, The Common Council hereby approves the 33353 Report in the form as submitted at the joint public hearing for the adoption ofthe 200 I Amendment to the Redevelopment Plan, The Common Council is satisfied that written findings have been adopted in response to the single written objection received from a property owner before or at the noticed joint public hearing and the single oral objection presented by a property owner at the joint public hearing on November 19, 200 I, The Common Council has considered all evidence and testimony presented at the November 19,2001, joint public hearing for or against the 2001 Amendment to the Redevelopment Plan, and SB200L23046.1 5 1 the Common Council hereby overrules the written and the oral objection to the 2001 Amendment 2 to the Redevelopment Plan, 3 SECTION 4, The Common Council hereby further finds and determines that: 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 a, All facts set forth in the above Recitals are true and correct. b, The Common Council previously found and determined in Ordinance No, 3571 that the Project Area is a blighted area, the redevelopment of which is necessary to effectuate the public purposes declared in the CRL, and such findings and determinations set forth in Ordinance No, 3571 are final and conclusive and the 2001 Amendment does not add territory to the Project Area or make any other revisions to the Redevelopment Plan affecting these previous findings and determinations and such previous findings and determinations remain valid and effective, and no further findings or determinations concerning blight are required in connection with the adoption of the 2001 Amendment. . . c, The Redevelopment Plan, as amended by the 2001 Amendment, will foster the redevelopment of the Project Area in conformity with the CRL and in the interests of the public peace, health, safety, and welfare, d, The adoption and carrying out of the Redevelopment Plan, as amended by the 2001 Amendment, is economically sound and feasible, e, The Redevelopment Plan, as amended by the 2001 Amendment, is consistent with and conforms to the General Plan of the City, including but not limited to, the Housing Element of the General Plan, f, The carrying out of the Redevelopment Plan, as amended by the 2001 Amendment, shall promote the public peace, health, safety, and welfare of the City and shall effectuate the 'j, purposes and policies of the CRL, g, The condemnation of real property, as provided for in the Redevelopment Plan, as amended by the 2001 Amendment, is necessary to the implementation of the Redevelopment Plan, S8200 U3046,1 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 and adequate provisions have been made for payment of just compensation for property to be acquired, if any, as provided by law, h, The Common Council previously found and determined that the Redevelopment Plan provides a feasible method and plan for the relocation of families and persons displaced from the Project Area, if any, However, the implementation of the 2001 Amendment and the acquisition of any property by exercise of eminent domain pursuant to such 2001 Amendment shall not result in the temporary or permanent displacement of any occupants of housing facilities in the Project Area, The Common Council hereby further finds and determines that (i) such findings and determinations set forth in Ordinance No, 3572 are final and conclusive; (ii) the 2001 Amendment does not add territory to the Project Area or make any other revisions to the Redevelopment Plan affecting these previous findings and determinations, (iii) the 2001 Amendment shall not result in the displacement of any person from a residential dwelling unit as a result of the Agency's exercise of eminent domain to acquire any property, (iv) such previous findings and determinations remain valid and effective, and (v) no further finding or determination concerning the foregoing is required for the 2001 Amendment. 1. The Common Council, in Ordinance No, 3571, previously found and determined that there are or are being provided in the Project Area, or in other areas not generally less desirable in regard to public utilities and public and commercial facilities, and at rents or prices within the financial means ofthe families and persons displaced from the Project Area, if any, decent, safe, and sanitary dwellings equal in number to the number of and available to the displaced families and persons and reasonably accessible to their places of employment. The Common Council further finds and determines that (i) such findings and determinations set forth in Ordinance No, 3571 are final and conclusive; (ii) the 2001 Amendment does not add territory to the Project Area or make any other revisions to the Redevelopment Plan that affect these previous findings and determinations, (iii) the 2001 Amendment shall not result in the displacement of any person from a residential dwelling unit as a result of the Agency's exercise of the power of eminent domain to 582001:23046,1 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 acquire any property, (iv) such previous findings and determinations remain valid and effective, and (v) no further finding or determination concerning the foregoing is required for the 2001 Amendment. j, Families and persons shall not be displaced prior to the adoption of a relocation plan pursuant to CRL Sections 33411 and 33411.1, and dwelling units housing persons and families of low or moderate income shall not be removed or destroyed prior to the adoption of a replacement housing plan pursuant to CRL Sections 33334,5, 33413, and 33413,5, k. The Common Council hereby finds that CRL Section 33367( d)(9) is not applicable to the 2001 Amendment in light of the fact that the 2001 Amendment does not add territory to the Project Area or make any other revisions to the Redevelopment Plan, except for the reinstatement of the power of eminent domain, I. The Common Council hereby finds that CRL Section 33367(d)(1 0) is not applicable to the 2001 Amendment in light of the fact that the 2001 Amendment does not add territory to the Project Area or affect the allocation of tax increment revenues from the Project Area pursuant to CRL Section 33670, m, The Common Council hereby finds that CRL Section 33367( d)(II) is not applicable to the 2001 Amendment in light of the fact that the 2001 Amendment does not add territory to the Project Area or make any other revisions to the Redevelopment Plan, except for the reinstatement of the power of eminent domain, n, The Common Council hereby finds that CRL Section 33367(d)(12) is not applicable to the 2001 Amendment in light of the fact that the 2001 Amendment does not add territory to the Project Area or make any other revisions to the Redevelopment Plan, except for the reinstatement of the power of eminent domain, 0, The time limitation on commencement of eminent domain proceedings contained in the 2001 Amendment is reasonably related to the proposed projects to be implemented in the Project Area and to the ability of the Agency to eliminate blight within the Project Area, The 2001 S82001023046,I 8 1 Amendment does not amend or affect any other time limitations or amend or affect the limitation 2 on the number of dollars to be allocated to the Agency contained in the Redevelopment Plan, as 3 amended by the 2001 Amendment. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 p, The Common Council previously found in Ordinance No, 3571, and determined that it was satisfied that permanent housing facilities will be available within three (3) years from the time residential occupants of the Project Area are displaced, if any, and that pending the development ofthe permanent replacement housing facilities, there will be available to the displaced housing occupants, if any, adequate temporary dwelling facilities at rents comparable to those in the City at the time of their displacement. The Common Council further finds and determines that the provisions ofCRL Section 33367(e) are not applicable to the 2001 Amendment in light of the fact that the 2001 Amendment does not add territory to the Project Area or make any other revisions to . the Redevelopment Plan affecting these previous findings and determinations and that the implementation of the 2001 Amendment shall not result in the displacement of any person from housing facilities in the Project Area by an exercise of the Agency's power of eminent domain, SECTION 5, Prior to the opening of the joint public hearing at which this Ordinance is adopted, the Common Council received the Initial Study prepared by the Economic Development Agency of the City of San Bernardino regarding the 2001 Amendment. The Common Council independently reviewed the Initial Study. In its independent discretion, the Common Council hereby finds and determines that the Initial Study adequately describes the 2001 Amendment and accurately identifies and assessed all ofthe potentially significant envirorunental effects or impacts of the implementation of the 2001 Amendment. The Common Council further finds and determines that, in 1975, a Program Envirorunental Impact Report ("1975 EIR") was certified in conjunction with the adoption of the Original Plan, In 1975, there was no time limit on the exercise of the power of eminent domain within the Project Area by the Agency, Subsequently, the California Legislature imposed a statutory time limit on the exercise of the power of eminent domain within the Project Area by the Agency. The imposition S82001 :23046.1 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 of this statutory time limit has occasioned the 2001 Amendment to extend the time during which the Agency may exercise the power of eminent domain within the Project Area, In 1975, it was contemplated that the Agency would be able to exercise of the power of eminent domain within the Project Area for the life of the Original Plan, Thus, the 2001 Amendment to extend the time during which the Agency may exercise of the power of eminent domain within the Project Area does not present any new significant environmental effects or any differences in the severity of previously identified environmental effects and no new information that was not and could not have been known when the 1975 EIR was certified shows any new significant environmental effects or any differences in the severity of previously identified environmental effects would result from the implementation of the 2001 Amendment, Therefore, the Common Council further finds and determines that there are no new significant environmental effects or any differences in the severity of environmental effects associated with the implementation of the 2001 Amendment from those identified in the 1975 EIR requiring major revisions to the 1975 EIR, under Public Resources Code Section 21166 and Title 14 California Code of Regulations Section 15162, The Common Council further finds and determines that no new information that was not and could not have been known when the 1975 EIR was certified has become available showing that the implementation of the 2001 Amendment will have any new significant environmental effects or cause any differences in the severity of previously identified environmental effects requiring major revisions to the 1975 EIR, under Public Resources Code Section 21166 and Title 14 California Code of Regulations Section 15162, Based on the Initial Study regarding the 2001 Amendment and the findings and determinations of the Common Council set forth herein, the Common Council hereby finds and determines that no revision or supplement to the 1975 EIR and no subsequent environmental impact report is required under the California Environmental Quality Act (Public Resources Code Section 21000, et seq,) for the adoption of this Ordinance, The Common Council further finds and S8200 I 023046,1 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 determines that it is appropriate for the City to attach the Initial Study to the 1975 Program EIR, as an Addendum, under Title 14 California Code of Regulations Section 15164, The Common Council hereby authorizes and directs the City Clerk to file a Notice of Determination consistent with the Common Council findings and determinations set forth in this Ordinance, in accordance with Public Resources Code Section 21152 and Title 14 California Code of Regulations Sections 15096(i) and 15094, and to attach the Initial Study to the 1975 EIR, as an Addendum, under Title 14 California Code of Regulations Section 15164, SECTION 6, The Common Council hereby approves and adopts the 2001 Amendment, a copy of which is on file with the City Clerk, and which 2001 Amendment is incorporated herein by this reference, and the Common Council designates the Redevelopment Plan, as amended by the 2001 Amendment (hereinafter, the "Amended Plan") as the official redevelopment plan for the Central City East Redevelopment Project. SECTION 7, The Common Council hereby authorizes and provides for the City of San Bernardino's expenditure of money provided for in the Amended Plan, subject to annual appropriation thereof by the Common Council. SECTION 8, The Agency is hereby vested with the responsibility for carrying out the Amended Plan in accordance with the provisions thereof and of applicable law, SECTION 9, The Common Council hereby declares its intention to undertake and complete any proceedings necessary to be carried out by the City under the provisions ofthe Amended Plan, SECTION 10, This Ordinance shall take effect thirty (30) days following its second reading by the Common Council. The City Clerk shall comply with the applicable procedures of the CRL with respect to the recordation ofthe 2001 Amendment and the Amended Plan and transmission of a copy ofthis Ordinance to other public entities, as may be required, SECTION II, If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance, is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity ofthe remaining portions 8B200 U3046,j 11 1 2 3 ofthis Ordinance, The Common Council hereby declares that it would have adopted this Ordinance and each, section subdivision, sentence, clause, phrase, or portion of this Ordinance, irrespective of the fact that one or more sections, subdivisions, sentences, clauses, phrases, or portions of this 4 5 6 7 8 9 Ordinance be declared invalid for any reason, SECTION 12, The City Clerk shall cause a certified copy ofthis Ordinance to be transmitted to the Agency, SECTION 13, The City Clerk shall certify to the passage ofthis Ordinance and shall cause the same to be published as required by law, IIII 1 2 -3 4 5 6 AN ORDINANCE OF THEMA YORAND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING THE SECTION 33352 REPORT TO THE MAYOR AND COMMON COUNCIL AND ADOPTING THE 2001 EMINENT DOMAIN AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE CENTRAL CITY EAST REDEVELOPMENT PROJECT AND CERTIFYING AN ADDENDUM TO THE 1975 ENVIRONMENTAL IMPACT REPORT APPROVED AND ADOPTED HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and 7 Common Council ofthe City of San Bernardino at a joint regular meeting thereof, held on the 8 191h day of November 2001, by the following vote, to wit: 9 COUNCIL AYES NAYS ABSTAIN ABSENT 10 ESTRADA 11 LIEN 12 McGINNIS I3 SCHNETZ 14 ANDERSON 15 McCAMMACK 16 17 Rachel G, Clark 18 19 APPROVED AND ADOPTED this 19th day of November, 2001. 20 Judith Valles, Mayor City of San Bernardino 21 Approved as to form and legal content: 22 By: 23 City Attorney 24 25 26 27 28 SB2001,23046,} I3 ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT * * RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): \ \ \ \ '1 \ 0 , Item # e3 2. Vote: Ayes l-S r I") Nays -e- Change to motion to amend original documents: Resolution # C.Oc.../ZOoI-SO , Abstain ~ Absent " Reso. # On Attachments: ~ Contract term: Note on Resolution of Attachment stored separately: --=- Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY NullNoid After: - By: DateSenttoMayfr;i ~ Date of Mayor's Signature: ~ Date ofClerklCDC Signature: ~ Reso, Log Updated: / Seal Impressed: ../ Date Memo/Letter Se~i5ul}ty..... 60 Day Reminder Letter Sent on 30th day: 90 Day Reminder Letter Sent on 45th day: See Attached: Date Returned: - ~Cli; Alt..d.es: See Attached: Request for Council Action & Staff Report Attached: Yes /' Updated Prior Resolutions (Other Than Below): Yes Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, (2634): Yes Updated CDC Personnel Folders (5557): Yes Updated Traffic Folders (3985, 8234, 655, 92.389): Yes No By No ~ By No -L By No ~ By No_ Copies Distributed to: City Attorney Parks & Rec, Code Compliance Dev. Services EDA ,/' Finance MIS Police Public Services Water Others: Notes: BEFORE FILING, REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc.) Ready to File: ~ Date: ~ 7'" 1 ~ \ Revised 01112/0 I F<a~( -# (Z32- HEARING SCRIPT Hearing Date: November 19, 2001 Subject: Amendment to re-establish eminent domain power on non- residential property in the Central City East Redevelopment Proiect Area CALL TO ORDER OF THE BOTH THE MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION Mayor: "We will now move on the joint public hearing Item # R32, This is the time and place for a joint public hearing to be conducted by the City of San Bernardino Mayor and Common Council and by the Community Development Commission for the purpose of considering the Amendment to the Redevelopment Plan for the Central City East Redevelopment Project, together with other ancillary and related actions that will be described later. "Let the record w~eflect that a quorum of the Commission and key staff are pres~:" For the purpose of this joint public hearing conducted by the Common Council and the Commission, as Mayor of the City of San Bernardino, I will chair the joint public hearing," Mayor: OPEN JOINT PUBLIC HEARING Mayor: "I hereby declare open the joint public hearing to consider the Amendment to the Redevelopment Plan for the Central City East Redevelopment Project, an ordinance adopting the Amendment, and related matters." Mayor: "City Clerk have all the required notices been given concerning this joint public hearing?" City Clerk: "Yes, I have here affidavits of mailing and publication which are marked Exhibits A and B." Mayor: "Exhibits A and B are accepted in evidence w~~~Jt,~!eJtion," -~J~ ~..."..".. . If 3ZJ_ _..~ /d,_~ P:\Development Dept\Margaret\RDA Amendmenu\Group 2 crc CeM CCE\MCC & CDC Hcaring\CCE Stut1\Bcsl short CCEjphscript.doc 11/19101 Page 1 Mayor: "The following documents have been received by members of the Council/Commission for consideration:" Exhibit 2: Exhibit 6: The Amendment to the Central City East Redevelopment Project; The Redevelopment Agency's Report to the Mayor and Common Council on the Amendment to the Redevelopment Plan for the Central City East Redevelopment Project; and The Addendum to the 1975 Environmental Impact Report prepared in connection with the proposed Amendment. Exhibit 3: CONDUCT JOINT PUBLIC HEARING Mayor: "Our order of procedure this afternoon will be as follows:" "First the staff and consultants will present evidence, including expert testimony relating to the Amendment to the Redevelopment Plan for the Central City East Redevelopment Project." "Next, we will acknowledge receipt and enter into the record any written correspondence received prior to the joint public hearing," ,. 'We will then receive any written evidence or oral testimony from the audience concerning the Amendment." "After all presentations have been made and public testimony and comments received, there may be a short recess, following which, responses may be made to any oral comments or objections raised during the public testimony," "After Questions and oral comments and obiections have been responded to, the public testimony portion of the joint public hearing will be closed," Mayor: .. Gary: Introduces Gary Van Osdel to provide the staff presentation, Turn over to Margaret and consultants who present the project. Felise: Presents a summary of the Report to Mayor and Common Council. (Exhibit 3). Nancy: Presents a summary of the Addendum to the 1975 EIR. (Exhibit 6), P:\Development DepI\Margaret\RDA Amendments\Group 2 CCC CeM CCE\MeC &; CDC Heariog\CCE Stutl\Best short CCEjphseripl.doc 11119101 Page 2 Agency Special Counsel (Tim): Mayor: Mayor: City Clerk: Mayor: "I request introduction of the following documents in evidence," ../ The Amendment to the Redevelopment Plan for the Central City East Redevelopment Project (Exhibit 2), ../ The Report to the Mayor and Common Council on the Amendment to the Redevelopment Plan for the Central City East Redevelopment Project (Exhibit 3), ../ Addendum to the 1975 EIR (Exhibit 6); and ../ The written staff report as presented, "If there are no objections, the staff report and Exhibits 2, 3, and 6 are accepted in evidence," "I will now ask the City Clerk to enter into the record at this joint public hearing any written objections concerning the Amendment that have been received by her office (Exhibit 5)," [NOTE: If no written objections are received, Clerk should state that none have been received,] [NOTE: If written objections are received, then identify each by author and date and state whether or not it has been distributed to each member of the CounciVCommission,] [If letters are received that have not previously been distributed please read each letter into the record.] "I will now call for testimony from members of the public, The rules governing public testimony are as follows: All persons wishing to speak will be given the opportunity to do so, Please indicate whether you are in favor or opposed to the particular matter. Persons making statements and giving testimony must direct all comments to the Chair," "Before speaking, please give your name, address, organization (if any) you represent, and whether you own property or operate a business in the Project Area; and please limit your comments to the subject at hand and be brief where possible, P:~bpmcnt Dept\Margaret\RDA Amcndmcnu\Group 2 cee CeM CCE\MeC &; CDC Hcaring\CCE Stuff\Besllhort CCEjphsc:ript.doc 11119/01 Page 3 IF WRITTEN OR ORAL OBJECTIONS ARE RECEIVED: Agency Special Counsel (tim): 'We have received certain written materials which could constitute objections to the adoption of the Amendment to the Redevelopment Plan, Pursuant to Sections 33363 and 33364 of the California Community Redevelopment Law, where such written objections are received, the Common Council is required to respond in writing before proceeding to consider adoption of the Plan amendment. In light of this requirement, I would request that the Council/Commission close the joint public hearing and consider written responses to the written and oral objections at the meeting of the Council/Commission on December 3, 2001," Mayor: "Are there any questions by members of the Council/Commission?" Mayor: "If there is no objection, this joint public hearing is closed. At the December 3, 2001 meeting of the Council/Commission consideration will be given to responses to the written and oral protests or objections to the Amendment filed prior to or at this joint public hearing," Mayor: Adjourn Mayor and Common Council meeting, IF NO WRITTEN OBJECTIONS ARE RECEIVED: Mayor: "If there is no objection, this joint public hearing is closed, Mayor: "Do staff or the consultants have any additional comments or responses to the oral testimony presented?" Felise Acosta/ Staff: Provide additional summary comments, if needed, Mayor: "The Community Develooment Commission will now act on the following resolution entitled:" " A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, MAKING A FINDING THAT CONDITIONS OF BLIGHT BURDEN THE REDEVELOPMENT PROJECT AREA OF THE CENTRAL CITY EAST REDEVELOPMENT PROJECT AREA, APPROVING THE SECTION 33352 REPORT TO THE MAYOR AND COMMON COUNCIL ON THE 2001 EMINENT DOMAIN AMENDMENT TO P:\Developmenl DepI\Margaret\RDA Amendmenu\Group 2 cee CeM CCE\MCC & CDC Hearin8\CCE Stuft'l.Best short CCEjphseripl.do<: 11119101 Page 4 Lt15f THE CENTRAL CITY 'urWltl REDEVELOPMENT PROJECT, APPROVING THE 2001 DOMAIN AMENDMENT TO THE REDEVELOPMENT PLAN, AND RECOMMENDING THE CERTIFICATION OF THE ADDENDUM TO THE 1975 ENVIRONMENTAL IMPACT REPORT." Mayor: "Is there a motion or further discussion?" [COMMISSION ACTION] Mayor: "The Mayor and Common Council will now act on the following ordinance entitled:" "AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL APPROVING THE 33352 REPORT TO THE MAYOR AND COMMON COUNCIL AND ADOPTING THE 2001 EMINENT DOMAIN AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE CENTRAL CITY EAST REDEVELOPMENT PROJECT, AND CERTIFYING THE ADDENDUM TO THE 1975 ENVIRONMENTAL IMPACT REPORT. Mayor: "Is there a motion or further discussion?" [MAYOR AND COMMON COUNCIL ACTION] Mayor: "The Council will now introduce and conduct the first rea ' Title Only): "AN ORDINANCE YOR AND COMMO UNCIL APPROVING THE 33352 REPORT TO THE MAYOR COUNCIL AND ADOPTING THE 2001 EMINENT DOMAIN AMENDME REDEVELOPMENT PLAN FOR THE CENTRAL CITY EAST RED OPMENT PRO AND CERTIFYING THE ADDENDUM TO THE 1975 IRONMENTAL IMPACT REP " y Mayor: "Is there a motion or further discussion?" E THIS HEARING ITEM, P:\Development DepI\Margarer.\RDA Amendments\Group 2 cee ceM CCE\Mec" CDC Hearing\CCE Stuff\Best short CCEjpbscript.doc 11119101 Page 5 0- ..J ..J ci' 0:: 0 oC( 0 '" <( 0 ~ o ~;b VI f- 0 M 5 ~ g ..... (/)0>.... ell w~., U)~~~ o >fi'o; 1-:]0 ffi :J<t:e <(uw ii2 t- -z 1'11'\ c::oo ..... CI) ~ I 6 ~f2fri ~ t-<Cu:! <C U) Z I- :E <( ffi <C ~ In C ~~ <f) <Ii ~ w ..J E)(-H l B\ T I' A.,t 1 2 3 PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF SAN BERNARDINO I am employed in the County of San Bernardino, State of California, I am over the age of 4 18 and not a party to the within action, My business address is 201 North "E" Street, Suite 301, San Bernardino, California 92401, 5 On October 18, 2001, I served the following document described as NOTICE TO 6 PROPERTY OWNERS OF EMINENT DOMAIN AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE CENTRAL CITY EAST REDEVELOPMENT PROJECT in the form attached 7 hereto as Exhibit "A" to the owners of property and to "occupants" of property whose names and addresses appear on the attached Exhibit "B" mailing list by placing [X] a true copy [ ] the 8 original thereof enclosed in sealed envelopes addressed as follows: 9 10 [X] See Exhibit "A" and Exhibit "B", (BY MAIL, lO13a, 2015,5 C,C,P,) 11 [] I deposited such envelope in the mail at San Bernardino, California, The envelope was mailed with postage thereon fully prepaid, 12 [X] I am readily familiar with the City of San Bernardino's practice for collection and 13 processing correspondence for mailing, Under that practice, this document was deposited with the U.S, Postal Service on October 18, 2001 with postage thereon fully prepaid at San Bernardino, 14 California in the ordinary course of business, 15 [X] (STATE) I declare under penalty ofpeIjury under the laws of the State of California that the above is true and correct. 16 [] (FEDERAL) I declare that I am employed in the office of a member of the bar of this 17 Court at whose direction the service was made. 18 Executed on November 15th, 2001, at San Bernardino, California, 19 20 21 22 23 24 25 26 27 28 11/19/0 I ~ c?~@J:Dtf ~3~ ~/d,~ SB2001:24310,1 MAYOR AND COMMON COUNCIL AND COMMUNITY DEVEWPMENT COMMISSION OF THE CITY OF SAN BERNARDINO NOTICE OF JOINT PUBLIC HEARING PROPOSED 2001 EMINENT DOMAIN AMENDMENT TO THE CENTRAL CITY EAST REDEVEWPMENT PlAN NOTrE EHEREBY G J\lEN 'IHAT the Mayor and Common Council of the Ciry of San Bernardino ("Mayor and Common Council") and the Community Development Commission of the City of San Bernardino ("Commission") will hold a joint public hearing on November 19. 2001. at approximately 2:00 PM, or shortly thereafter, in the Council Chambers. 300 North "D" Street, San Bernardino, CA 92418, to consider the proposed 2001 Eminent Domain Amendment to the Central City East Redevelopment Plan. If adopted after the joint public hearing. the proposed 2001 Eminent Domain Amendment co the existing Central City East Redevelopment Plan ("Redevelopment Plan") would reinstate the power of eminent domain for 12 years, to 2013. The Redevelopment Agency, at this time. has not identified any specific projects that would require the use of eminent domain. This proposed Amendment excludes all properties where persons reside from the power of eminent domain. Exhibit "A" accompanying this Notice is a map of the Central City East Redevelopment Project Area ("Project Area"), which shows the boundaries of the Project Area. A copy of the Project Areas metes and bounds legal description may be obtained at no charge at the Agency's offices at 201 NOM "E" Street. Suite 301. San Bernardino. CA 92401. However. no new land or territory is being added to the Project Area under the proposed 2001 Eminent Domain Amendment. The Agency's Repon to the Mayor and Common Council and Community Development Commission ("Re- pon") on the proposed 2001 Eminent Domain Amendment waI be presented at the joint public hearing. The Report will include an Addendwn EIR, prepared for the proposed 2001 Eminent Domain Amendment under the California Environmental Quality Act of 1970. a Blight Report and other docwnents required by California Community Redevelopment Law. The Addendwn to the 1975 Final Envi- ronmental Impact Report indicates that the proposed 2001 Eminent Domain Amendment will have no new or significant environmental effect which was not previously considered when the redevelopment plan was adopted and the Mayor and Common Council will be requested to certify such a finding under CEQA at the joint public hearing on the 2001 Eminent Domain Amendment. Prior to the joint public hearing. these documents waI be available for inspection at the Agency's offices at 201 North "E" Street, Suite 301, San Bernardino, CA 9240 I. At the joint public hearing. the Mayor and Common Council and the Community Development Commis- sion will consider all evidence and testimony for and against the 2001 Eminent Domain Amendment and the Addendwn EIR. All persons having any objections to the proposed 2001 Eminent Domain Amendment may appear before the Mayor and Common Council and Community Development Commission and show cause why the proposed 2001 Eminent Domain Amendment or Addendwn EIR should not be adopted. At any time not later than the hour set for the hearing, any person(s) may file a written statement with the City Clerk, of their objections to the proposed 2001 Eminent Domain Amendment. Public comment waI close at the public hearing. The Mayor and Common Council and Community Development Commission waI make written fmdings in response to written objections filed at the public hearing prior to adoption of the 2001 Eminent Domain Amendment. If you have any questions regarding this Notice or the 2001 Eminent Domain Amendment please contact Margaret Park, Project Manager at (909) 663-2272, /f' NORTH J /- .."'., [ ~~IE ~I[ I EXHIBIT A CENTRAL CITY EAST Public Meeting on Proposed Central City East 2001 Redevelopment Plan Amendment The City of San Bernardino ("City') and the Economic Development Agency ('Agency') are considering an amendment to the Central City East Redevelopment Plan, To better infonn the residents, businesses and interested parties the City and Agency plan to hold a public infor- mational meeting on October 25, 2001 at 6: 15 pm in the City Council chambers, Before the Central City East Redevelopment Plan can be amended, a joint public hearing of the Mayor and Common Council and Redevelopment Agency must be held, The schedule for the meet- ings is as follows: Please consider attending these meetings to learn more about the proposed Plan Amendment. In 1976, the Redevelopment Agency of the City of San Bernardino ('Agency") adopted the Central City East Redevelopment Plan to start a 40-year effort to improve the Central City East area. At the time of adoption of the Redevelopment Plan, the Central City East area was experiencing detrimental physical, social, and economic conditions that were negatively impacting the area. Due to the cultural and historic value of the area, the Agency initiated a comprehensive program to stimulate new development and provide rehabilitation activities in the Central City East Project Area, Since 1976, the Agency has completed various projects in its effort to improve the area, These projects include: . Rehabilitation of vacant state office building; and . Public improvements and infrastructure development related to businesses in the project area, Despite the Agency's best effort, adverse conditions continue to re- main and there are additional projects that need to be completed in order to revitalize the area, Audiencia Publica Unida Sobre la Enmienda Propuesta del Plan de Reurbanizacion de Central City East 2001 La ciudad de San Bernardino ('Consejo') y la Agencia de Desarrollo Econ6mico ('Agencia') esbi considerando una enmienda al Plan de Reurbanizaci6n de Central City East. Para infonnar a los residentes, propietarios de negocios, y tOOas las personas interesadas, el Consejo y la Agencia han program ado el dia 25 de Octobre del 2001, alas 6: 15 de la tarde en la sala del Consejo, como el sitio y la hora para una audiencia publica unida. Antes de aprobar la enmienda propuesta, se requiere que el Consejo y la Agencia tengan una audiencia publica unida. Lo siguiente es el horario para estas audiencias publicas: Favor de assistir a estas audiencias para aprender mas sobre la enmienda propuesta, En 1976, la Agencia de Reurbanizaci6n de la Ciudad de San Bernar- dino ('Agencia') aprob6 el Plan de Reurbanizaci6n de Central City East para empezar una epoca de cuarenta anos de mejoraci6n de la area de Central City East. Durante aquella epoca, la area de Central City East experimentaba condiciones pe~udiciales fisicos, sociales, y econ6micos que influenciaba negativamente a la area, Debido al valor cultural e hist6rico de la area, la Agencia inici6 una programa amplia para estimular desarollo nuevo y para proveer actividades de rehabilitaci6n en la area de proyecto de Central City East. Desde 1976, la Agencia ha cumplido varios proyectos para mejorar la area, Estos proyectos incluyen: . La rehabilitaci6n del edificio desocupado del Estado de California; y . Mejoraciones publicas y desarollo de la infraestructura reiacionado con negocios dentro de la area del proyecto. A pesar de los esfuerzos de la Agencia, tOOavla continuan condiciones pe~udiciales y quedan por hacer otros proyectos necesarios para revivificar la area. PIG/:' 2 Cclltral City East 2001 Rcdl!l'e1oJ1l1lCl1t Plal1 Initiation of the 2001 Amendment to the Redevelopment Plan In July 2000, the Community Development Commission decided to consider amending the Redevelopment Plan in order to reinstate the time limit to use eminent domain to 2013, The Central City East Redevelopment Plan establishes various time and financial limitations involving the use of redevelop- ment tools within the 225-acre Redevelopment Plan Area, One of these time limits, involving the use of eminent domain to acquire real property in the Plan Area, expired on January 1, 1999. While the Agency would be able to complete projects and collect tax increment revenue through December 2003, the Agency could not commence any eminent domain proceedings in the Plan Area without extending that time limit. . If adopted, the amendment would extend the Agency's limited authority to use eminent domain, if necessary, to (only acquire properties that have a non. residential General Plan designation and/or have an existing non-residential use,) . Upon exercise of eminent domain, the agency is required to justly compensate owners of acquired property and follow established relocation guidelines, . Please note the Agency has no plans to use eminent domain atthis time, The ability to acquire property is one ofthe fundamental tools in the Redevelopment Plan, In Central City East, acquisition en- ables the Agency better opportunities to consolidate parcels and initiate redevelopment activities in the Plan Area. Even though the Agency has used eminent domain only a few times in the Plan Area, further acquisition, perhaps by eminent domain, will be needed to alleviate persistent physical and land use blighting conditions. Eminent domain authority is essential for the Agency to achieve redevelopment goals set forth in the Redevelopment Plan, Plan Iniciacion de la Enmienda del 2001 al Plan de Reurbanizacion En Julio del2000,Ia Comision Vecindario de Desarrollo decidi6 considerar enmendar el Plan de Reurbanizaci6n para restablecerellimite de tiempo para el uso del dominio eminente hasta e12013. EI Plan de Reurbanizaci6n de Central City East establece varias Iimitaciones de tiempo y finanzas, en cuanto al uso de herramientas de reurbanizaci6n dentro de la Area de proyecto de Reurbanizaci6n (225 acres). Una de estas limitaciones de tiempo, implicando el uso del dominio eminente para adquirir propiedad real en la Area de proyecto, esta programado a expirar el dia 1 de Enero del 1999. Mientras que la Agencia pod ria completar proyectos y colectar reditos de impuestos incrementales hasta finales del mes de Diciembre del 2003, la Agencia no podra comenzar ningun procedimiento del dominio eminente en la Area de proyecto despues de junio del proximo aiio sin extender este limite de tiempo. . Si es adoptada, la enmienda extenderia la autoridad limitada de la Agencia para que use el dominio eminente, si es necesario, para adquirir propiedad real, (solamente obtener propiedades que tienen una no.residencial Plan General designada ylo teneri un exsistente no.residential uso.) . AI ejercer el dominio eminente, se requiere que la Agencia recompense justamente a los dueiios de aquellas propiedades adquiridas, y que siga las reglas establecidas de reubicaci6n, . Favor de notar que, actual mente, la Agencia no tiene planes de ejercer el uso del dominio eminente. La habilidad de adquirir propiedad es una de las herramientas fundamentales en el Plan de Reurbanizaci6n, En Central City East, la adquisici6n Ie da a la Agencia la habilidad de consolidar terrenos y de iniciar las actividades de reurbanizaci6n, Aunque la Agencia no haya usado nunca el dominio eminente en la Area de proyecto, se necesitaran adquisiciones adicionales, tal vez por medio del dominio eminente, para aliviar las condiciones de deterioro, que vienen a traves del uso de tierra persistente y fisico. Mantener la autoridad de ejercer el dominio eminente es esencial para que la Agencia realize las metas fijadas en el Plan de Reurbanizaci6n. 0135-033-01 FOSTER KEN RICA 635 N MOUNTAIN VIEW AVE SAN BERNARDINO CA 92401 0135-033-05 GARCIA DANIEL C 155 VICTORIA ST SAN BERNARDINO CA 92401 0135-033-10 SELLAS SOPHIE Z TRUSTEE;SURVIVORS TRUST 986 W MARSHALL BLVD SAN BERNARDINO CA 92405 0135-033-13 HERNANDEZ FERMIN;JUANA 185-195 VICTORIA ST SAN BERNARDINO CA 92401 0135-061-03 CITY OF SAN BERNARDINO 300 N 0 ST SAN BERNARDINO CA 92418 0135'()61-12 CITY OF SAN BERNARDINO 300 N 0 ST SAN BERNARDINO CA 92418 0135'()91-59 SULEIMAN HUSAM PO BOX 6011 BURBANKCA91510 0135-093-03 LANE STEVEN KENT 149 W 6TH ST #3 SAN BERNARDINO CA 92401 0135-093-06 RUFFIN DON A 601 W 74TH ST LOS ANGELES CA 90044 0135.()93-09 PAlTERSON EDGAR 149 W 6TH ST #10 SAN BERNARDINO CA 92401 0135-033-03 SAN MIGUEL GUADALUPE 180 W C ST COLTON CA 92324 0135-033-08 GOMEZ JUVENAL 150 W 6TH ST SAN BERNARDINO CA 92401 0135-033-11 SELLAS 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92410 0135051230000 CCPE TOYS 4 TRUCKS 598 N WATERMAN AVE SAN BERNARDINO, CA 92410 0135051230000 CCPE MICHAEL J VOLPONE 598 N WATERMAN AVE SAN BERNARDINO, CA 92410 0135091570000 CCPE ARROWHEAD BUILDING 515 N ARROWHEAD AVE SAN BERNARDINO, CA 92401 0135091590000 CCPE DANA VILLAS 246 W 5TH ST SAN BERNARDINO, CA 92401 0135091600000 CCPE ALLEN BARTLEMAN 505 N ARROWHEAD AVE SAN BERNARDINO, CA 92401 0135091600000 CCPE JACK MICHAEL PILSON 505 N ARROWHEAD AVE SAN BERNARDINO, CA 92401 0135091600000 CCPE WILSON W WONG 505 N ARROWHEAD AVE SAN BERNARDINO, CA 92401 0135091600000 CCPE WALLIN & KLARICH 505 N ARROWHEAD AVE SAN BERNARDINO, CA 92401 0135091600000 CCPE GARY S REDINGER 505 N ARROWHEAD AVE SAN BERNARDINO, CA 92401 0135091600000 CCPE SKOUSEN & SKOUSEN 505 N ARROWHEAD AVE SAN BERNARDINO, CA 92401 0135091600000 CCPE JUDITH LYNN PILSON 505 N ARROWHEAD AVE SAN BERNARDINO, CA 92401 0135091600000 CCPE THE ARROWHEAD BUILDINGS 505 N ARROWHEAD AVE SAN BERNARDINO, CA 92401 0135091600000 CCPE VINCENT M ONORIO 505 N ARROWHEAD AVE SAN BERNARDINO, CA 92401 0135091600000 CCPE DONALD W JORDAN 505 N ARROWHEAD AVE SAN BERNARDINO, CA 92401 0135091610000 CCPE S B COUNTY BAR ASSOCIATION 555 N ARROWHEAD AVE SAN BERNARDINO, CA 92401 0135091620000 CCPE SMUGGHAM PROPERTIES 524 N MOUNTAIN VIEW AVE SAN BERNARDINO, CA 92401 0135091640000 CCPE S B COUNTY BAR ASSOCIATION 555 N ARROWHEAD AVE SAN BERNARDINO, CA 92401 0135091660000 CCPE DRUG COURT OF SAN BERNARDINO 595 N ARROWHEAD AVE SAN BERNARDINO, CA 92401 0135091690000 CCPE CRYSTAL PROPERTIES L TO LP C/O CAROL WALKER 504 N MOUNTAIN VIEW AVE SAN BERNARDINO, CA 92410 0135093040000 CCPE CARL A HOTTENROTH 149 W 6TH ST SAN BERNARDINO, CA 92401 0135093090000 CCPE EDGAR PATTERSON 149W6THST SAN BERNARDINO, CA 92401 0135093170000 CCPE FLORENCE SWITZER 149 W 6TH ST SAN BERNARDINO, CA 92401 0135093220000 CCPE JEAN EIBER 149W6THST SAN BERNARDINO, CA 92401 0135093240000 CCPE GEORGE JIMENEZ 149W6THST SAN BERNARDINO, CA 92411 0135093310000 CCPE ANTHONY & BRENDA 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TODAY TRUST 541 N MOUNTAIN VIEW AVE SAN BERNARDINO, CA 92401 0135093860000 CCPE MOUNTAIN VIEW APARTMENTS 567 N MOUNTAIN VIEW AVE SAN BERNARDINO, CA 92401 0135093870000 CCPE MARK R & LAURA HERNANDEZ 597 N MOUNTAIN VIEW AVE SAN BERNARDINO, CA 92401 0135131140000 CCPE AUTOMATIC TRANSMISSION SERVICE 117 E 5TH ST SAN BERNARDINO, CA 92410 0135131180000 CCPE WILLIAM M GARRETT JR 463 N SIERRA WAY SAN BERNARDINO, CA 92410 0135131200000 CCPE EUROPEAN AUTO REPAIR 105 E 5TH ST SAN BERNARDINO, CA 92404 0135132040000 CCPE THERESA ANN POPPETT 153 E 5TH ST SAN BERNARDINO, CA 92410 0135132050000 CCPE THERESA ANN POPPETT 157 E 5TH ST SAN BERNARDINO, CA 92410 0135132260000 CCPE GEORGE & GAIL MONlWlLL 154 E 4TH ST SAN BERNARDINO, CA 92401 0135132390000 CCPE CRUZ 0 MONTOYA 455 N LUGO AVE SAN BERNARDINO, CA 92410 0135132400000 CCPE TERRACE PARK APARTMENTS 470 SEPULVEDA AVE SAN BERNARDINO, CA 92410 0135141150000 CCPE ROBERT S MARTINEZ 226 E KINGMAN ST SAN BERNARDINO, CA 92410 0135141170000 CCPE R W & RICHARD HUGHBANKS 218 E KINGMAN ST SAN BERNARDINO, CA 92410 0135141180000 CCPE DASS PROPERTIES INC 210-14 E KINGMAN ST SAN BERNARDINO, CA 92411 0135141190000 CCPE DASS PROPERTIES INC 206-208 E KINGMAN ST SAN BERNARDINO, CA 92410 0135142010000 CCPE ALLEN J PASSAQUINDICI 427 SEPULVEDA AVE SAN BERNARDINO, CA 92410 0135142060000 CCPE ROBERT MARTINEZ 225-27 E KINGMAN ST SAN BERNARDINO, CA 92410 0135142070000 CCPE ROBERT S MARTINEZ 229 E KINGMAN ST SAN BERNARDINO, CA 92410 0135142080000 CCPE JOE A & MARLENE SALSBERRY 235 E KINGMAN ST SAN BERNARDINO, CA 92410 0135142090000 CCPE GUADALUPE FUENTES 239 E KINGMAN ST SAN BERNARDINO, CA 92411 0135142140000 CCPE OW & DRUSCILLA SECCOMBE 238 E 4TH ST SAN BERNARDINO, CA 92410 0135142150000 CCPE OW & DRUSCILLA SECCOMBE 230 E 4TH ST SAN BERNARDINO, CA 92410 0135142170000 CCPE OW & DRUSCILLA SECCOMBE 222 E 4TH ST SAN BERNARDINO, CA 92410 0135142210000 CCPE GARY D BROWN 202-04 E 4TH ST SAN BERNARDINO, CA 92410 0135142220000 CCPE LARRY D BROWN 411 SEPULVEDA AVE SAN BERNARDINO, CA 92410 0135143070000 CCPE ROBERT F GIBSON 279 E 5TH ST SAN BERNARDINO, CA 92410 0135143120000 CCPE GOLDEN WEST TIRE INC 450 N WATERMAN AVE SAN BERNARDINO, CA 92405 0135143120000 CCPE MCKAY AUTOMOTIVE DETAIL 450 N WATERMAN AVE SAN BERNARDINO, CA 92410 0135143120000 CCPE HOUSE OF HARDTOPS 450 N WATERMAN AVE SAN BERNARDINO, CA 92404 0135143130000 CCPE GOLDEN WEST TIRE INC 450 N WATERMAN AVE SAN BERNARDINO, CA 92405 0135143130000 CCPE HOUSE OF HARDTOPS 450 N WATERMAN AVE SAN BERNARDINO, CA 92404 0135143130000 CCPE MCKAY AUTOMOTIVE DETAIL 450 N WATERMAN AVE SAN BERNARDINO, CA 92410 0135143140000 CCPE GOLDEN WEST TIRE INC 450 N WATERMAN AVE SAN BERNARDINO, CA 92405 0135143140000 CCPE HOUSE OF HARDTOPS 450 N WATERMAN AVE SAN BERNARDINO, CA 92404 0135143140000 CCPE MCKAY AUTOMOTIVE DETAIL 450 N WATERMAN AVE SAN BERNARDINO, CA 92410 0135143150000 CCPE HOUSE OF HARDTOPS 450 N WATERMAN AVE SAN BERNARDINO, CA 92404 0135143150000 CCPE MCKAY AUTOMOTIVE DETAIL 450 N WATERMAN AVE SAN BERNARDINO, CA 92410 0135143150000 CCPE GOLDEN WEST TIRE INC 450 N WATERMAN AVE SAN BERNARDINO, CA 92405 0135143160000 CCPE HOUSE OF HARDTOPS 450 NWATERMANAVE SAN BERNARDINO, CA 92404 0135143160000 CCPE MCKAY AUTOMOTIVE DETAIL 450 N WATERMAN AVE SAN BERNARDINO, CA 92410 0135143160000 CCPE GOLDEN WEST TIRE INC 450 NWATERMANAVE SAN BERNARDINO, CA 92405 0135143170000 CCPE GALLAVAN RENTALS 261-77 E KINGMAN ST SAN BERNARDINO, CA 92410 0135143190000 CCPE EVA ANGELINA NAJAR 262 E KINGMAN ST SAN BERNARDINO, CA 92411 0135143210000 CCPE ROBERT & YVONNE LAKES 256-60 E KINGMAN ST SAN BERNARDINO, CA 92410 0135143230000 CCPE LEE T HORNIBROOK TRUST 297 E 5TH ST SAN BERNARDINO, CA 92410 0135143240000 CCPE VOLTRANSINC 261 E 5TH ST SAN BERNARDINO, CA 92410 0135144130000 CCPE AUTOMART RADIATOR 404 N WATERMAN AVE SAN BERNARDINO, CA 92410 0135144260000 CCPE INTERSTATE BATTERY OF SO CAL 444 N WATERMAN AVE SAN BERNARDINO, CA 92410 0135181100000 CCPE LOUISE T REDINGER 337-49 N SIERRA WAY SAN BERNARDINO, CA 92410 0135181110000 CCPE LOUISE T REDINGER 109 E COURT ST SAN BERNARDINO, CA 92410 0135181130000 CCPE HENDRICKSONWILLIAMS & ASSOC 115 E COURT ST SAN BERNARDINO, CA 92410 0135181190000 CCPE JOSEPH L & ZONHUA H GO 156 E COURT ST SAN BERNARDINO, CA 92410 0135181210000 CCPE JOSEPH L GO 144 E COURT ST SAN BERNARDINO, CA 92410 0135181220000 CCPE JOE C VERDIN 138 E COURT ST SAN BERNARDINO, CA 92410 0135181260000 CCPE EDUARDO NAVA 118-1/2 E COURT ST SAN BERNARDINO, CA 92410 0135181280000 CCPE COLLIER & BIRD 110-112ECOURTST SAN BERNARDINO, CA 92410 0135181290000 CCPE SHERRYDON BRAHAM-FORBES 355 N SIERRA WAY SAN BERNARDINO, CA 92410 0135181290000 CCPE EVANS & SALDECKE 355 N SIERRA WAY SAN BERNARDINO, CA 92410 0135181290000 CCPE PETER S GOLD 355 N SIERRA WAY SAN BERNARDINO, CA 92410 0135181290000 CCPE JULIE ROZANNE EVANS 355 N SIERRA WAY SAN BERNARDINO, CA 92410 0135181390000 CCPE GARY D BROWN 143 E 4TH ST SAN BERNARDINO, CA 92410 0135181400000 CCPE PETER S SOLER 149 E 4TH ST SAN BERNARDINO, CA 92410 0135181410000 CCPE GARY SLADEK $$ 155 E 4TH ST SAN BERNARDINO, CA 92410 0135181470000 CCPE GARY D BROWN 191 E 4TH ST SAN BERNARDINO, CA 92410 0135181570000 CCPE SUSAN L SINGER 321 N SIERRA WAY SAN BERNARDINO, CA 92410 0135181600000 CCPE VILLA COURTVIEW 196 E COURT ST SAN BERNARDINO, CA 92410 0135181640000 CCPE VILLA COURTVIEW 157 E COURT ST SAN BERNARDINO, CA 92410 0135181650000 CCPE ROBERT & PRISCILLA THOMAS 139 E COURT ST SAN BERNARDINO, CA 92410 0135191010000 CCPE AJA PROPERTIES 201 E 4TH ST SAN BERNARDINO, CA 92410 0135191020000 CCPE AJA PROPERTIES 205 E 4TH ST SAN BERNARDINO, CA 92410 0135191030000 CCPE AJA PROPERTIES 213 E 4TH ST SAN BERNARDINO, CA 92410 0135191120000 CCPE ASSET MANAGEMENT SERVICES 355 N ALLEN ST SAN BERNARDINO, CA 92408 City of San Bernardino Economic Development Agency DATE: November 19, 2001 PROJECT: Central City East RDA Amendment EXHIBIT "B" TO: Rachel Clark, CMC City Clerk TRANSMITTED VIA: Hand WE ARE FORWARDING STATUS Preliminary Draft Revised Executed X Final SENT FOR YOUR Revision Review Approval Signature X Use/File DESCRIPTION EXHIBIT "B" - Tear sheets from October 26th, November 2nd and November 9th 2001 Display Ad publications. REMARKS: SIGNED: Margaret Park, AICP TITLE: Project Manager q " 3 ('i , o z . 0 , I ~ m~ II 8~ a ~~. flU ~~ .8~ z ~ Q I ~ '" I ~ I "IL CC Iii Ii ~, :E ~... t1. 0 ..J ~ I- Z W o J IIi. ;g ~:i j.u. . .s J! !1 1.1}~ ~'" :::l "-s"" ~g ~'" ..... '" ..c: ~ !-s j~ ~ c Cl.o= lJ D . .IFlF].............. t-~.. .J '0 z I. I [' .-- II i~id~ .ri~:;;J~j~ .;;g.~~l.I!;.Ui~ Ii '~.1]' l].s~jg~ 'llDje- 'H'Ii~ tj!!litl .~il.!O"'~f~"'Jil ~5 JOi1~"~ 8l~~-s'll~1 1.~JlI 81jw~~fi l!~ 5l~: .elw~ t ~-sll'.llll ~i!jW wlF.s ij-s' &:6.fju~-s1 u! ~ .~fi~ o...llliU &: ~ 2 Elll c:!2 1l SZo w"'3 -It'e ~ 8.~~~-s le. ~ .tl~~ -h~~: 9J~li~ lUI-i.H~i.r ~ ~ .e. "'JilS ~n~ j.e~lC dB a . '8,,11 .e-~;S ~i dJ ~ ~ ~ 'll Jir j '~~~1 ~~J! t~li.b 2J~ Ij~.e-J~lti ~ Q~ 10~lo d"'3.je e-~~ ~~.e r5~911~ d 15~t"L ~ ~~ ~~~~~ j~:ii'i ~i~'1 ~~~]~~tI-i~ i~t~~fJ~i ~ ?im eJI~'; _~~.d~ ~ ~~ .ll~h~~~~ l~.elJ8.U~ ~ ~ 9 ~l ~~ ~ ~~ll .e}~] ~ ]~ ~n ~'tP 8.i~lJ~Jl8.1 b 8; M ~~6 5 lj'il w~ 'll.e ~~-6 '~llJ-;j [~aJi ~ n'D8JI-J:s' ~ !~. !a1.'ijj ~~!.Ii! tH~J j891.e-i~J8'~ e~;g-g' ~.! uu.:; u= us. ...!lo~ w"'o9 i......e 8... .e . ~ . 5 1l~'!~g 1l~1'a-s '''i~ r~ .".9~H.a~ .eo!!"" 1Jlij.g~ l~ ~.. Q ~li"'1l"" .ra:illJ L's:e8 li;S 1<l8j 10fo uI1JlI"'~I~ a ~~ ~1~:;1 ~ I~~~ ~~]~.~ !~';jr91~IO~; jl i!i.J~~ t! Q ~~ ~8rR'" l..t.da ~!r"';S .el]u~l~:i ~ .SR.:il~.jF.9.~ ~ ! . >- rh.~ li~:lll6d~ s ~~t~[ l1~!Jllf' l!~j ~:tIld - ... ;~~11~ .s~!~ e l-lh !.sJ51.!j:al'~ ~:ilil.fjJ~ tl . 1!l1'- ~ ~ J ~8~.j1 ;.Jj,J t i!~ II ntf.eJ~ e-B-i ~ ~~ln ~. diJ~i 19.~.v:l ~li~~ ~}.fiJU i i;.t~ 1~~ !g.~~ -ii z~J~~j :=c5~ l~ Jl,-l:i\ a ~,-l~ .ll8tElj~ <.1-9 !J<o~~.e 94 The Sun - San Bernardino County 1 * r a, oemer, Activist's wife: Fight preceding arrest not violent Ily GINA BOTHNER StalfWriter SAN BERNARDINO - The \Vi rc of community activist James Tate testified Thursday lhat a tight they had June 24 was 110t violent, and although he told her he would kill her, she said the same thing to him, "We said it to each other," Carolyn Griffin-Tate said during a hearing, adding that the couple had had a heated argument and were not serious when they said it. Tate, 51, was arrested early June 25, shortly after his wife flagged down a San Bemardino city police officer and said Tate had tom off her nightgown and choked her during a fight, then threw a knife at her car as she drove away rrom their home. Superior Court Judge Ronald College students fasting in protest By CHRIS EHRLICH Staff Writer Ahout 70 students at the Claremont Colleges wearing col- ored headbands and armbands fasted and walked the campus Thursday in silent protest against the U,S, military campaign in Afghanistan, Students wearing blue cloth bands took part in a 56-hour water-only Fast for Peace that began at 9 a,m, Wednesday and ends at 5 tonight with a rally at Pitzer College, Students with green cloth bands did not fast but still sup- .portcd the protest. Students at the five Claremont Colleges and 16 other colleges across the country are taking part in the fast that was organized by the Student Peace Coalition, <<lfs more that I'm against the rashness of it," said Karen Ma- goon, 18, a freshman at Pomona College, wbo wore a blue band on her right arm Thursday, "I think there are other means we could have taken that were less drastic and not so violent." Magoon, trom Ventura, was on her way to the health clinic for a checkup to make sure she was "doing all right" during her fast. She said wearing the blue arm band was not a political state- ment but a personal. one. "It also seems hypocritical to be fighting violence with vio- lence, I don't think it's the best message," said Magoon, a mem- ber of the Democrats of the Claremont Colleges, The United States, Magoon said, should gather more military intelligence on terrorism from neighboring countries such as Pakistan and consider using eco- nomic sanctions against Afghan- istan. Kavin Paulraj, a 20-year-old junior at Pomona -College, wore a green headband to support the fast and to protest the U,S, cam- paign, "It's only going to cause tron- ble for many people in the coun- try of Afghanistan who have nothing to do with this issue," said Paulraj, who's from Chen- nai, India. "It's going to cause a lot of polarization in a lot of people in the world, . , based on religion," he said, Paulraj said he did not consid- er his opposition to the U,S, campaign to be un-American or unpatriotic. "It doesn't have anything to do with being American," he said, "It has to do with being hu- nlan." Paulraj, an undeclared major, added that the United States should collect more evidence on terrorist groups and use the "existing international legal ap- paratus" instead of bombing At~ ghanistan. Military force, Paulraj said, should be used only when all other means have been exhaust- ed. Jon Williams. an IS-year-old freshman at Pomona College, said that he is more in favor of the U.S, campaign than he is against it. "It's kind of a good thing they're doing to tind out the ter- rorists and bring them to justice," said Williams, who's on the Po- mona College baseball team, "I would hope they're trying not to kill innocent people in bombing them." MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO NonCE OF JOINT PUBUC HEA.RING PROPOSED 2001 EMINENT DOMAIN AMENDMENT TO THE CENTRAL CITY EAST REDEVELOPMENT PlAN NOTICE IS HEREBY GIVEN THAT the Mayor and Common CouncU of the City of San Bernardino ("Mayor and Common Council") and the Community Developmenr Commission of the City of San Bernardino ("Commission") will hold a joint public hearing on November 19. 2001, at appronmately 2:00 PM, or shonly thereaftet. in the CouncU Chambers, 300 North "D" Street, San Bernanlino, CA 92418, to consider the proposed 2001 Emincnt Domain Amendment to die Central City East R<development Plan. If adopted after the joint public hearing, the proposed 2001 Eminent Domain Amendment to the exiJrlng , Central City Easr Redevelopment Plan ("Redevelopment Plan") would reinstale the power of eminent domain for 12 years, to 2013. The Redevolopment Agency; ar this time, has not idellti&ed...y SlJOCi6c projects that would. require the Ule of eminent domain. This proposed Amendment excludes all properties where penon! reside fiom the power of eminent ~main. Exhibit "A" accompanying this Notice is a map of t!u: Central City East R<development Ptoject Area ("Project Atea"), which shows the boundaties of the Project Area. A copy of the Project Area. meres and bounds legal description may be obtained at no charge at the Agency's offices at 20t Norm -E" Street, Suite 301. San Bernatdino, CA 92401. However, no new land or rerriroty is being added to the Project Area under the proposed 2001 Eminent Domain AmendmenL The Agency's Report to the Mayor and Common CouncU and Community Development Commission ("R<port") on the proposed 2001 Eminent Domain Amendment wal be presented at the joint public hearing. The R<port will include an Addendum EIR, prepared for the proposed 2001 Eminent Domain Amendment under the California Environmental Quality Act of 1970. a Blidtt Repon and othcr documents required by California Community Redevelopment Law. The Addendum to me 1975 Final Environmental Impact Report indicates that the propooed 2001 Eminent Domain Amendment will have no new or significant environmental effect which was not previously wns.ideml- when the redevelopment plan was adopted and the Mayor and Common CouncU will be requesred to ceeriIY such a finding under CEQA at the joint public hearing on the 2001 Eminent Domain Amendmcm. Prior to thc joint public hearing. these documents wiD be availablc for inspection at the Agency's offices at 201 Nonh "Ell Suut, Suite 30t, San Bernardino, CA 92401. At the joint public hearing, the Mayor and Common Council and the Community Development Commis- sion will considcr all evidcnce and testimony for and against the 2001 Eminent Domain Amendment and the Addendum EIR. All persons having any objections to the prnpoaed 2001 Eminent Domain Amend- mem may appear before the ~yor and Common Council and Community Developmcnt Commission and show cause why the ptopooed 200 I Eminent Domain Amendment or Addendum EIR should not be adopted. At any time not latcr than the hour sct for the hearing. any person(s) may fde a written statement with the City derk, of their objections to the propoaed 2001 Eminent Domain Amendment. Public comment wal dose at the public hearing. The Mayor and Common Council and Community Development Commission will make writtcn findings in response to written objections filed at the public hearing prior to adoption of the 2001 Eminent Domain Amcndment. If you have any questions rcgarding this Notice or thc 2001 Eminent Domain Amendment please contact Margaret Park, Project Managcr at (909) 663-2272. -1' J ] II ...- ~ I '~ I[ ~ I[ ""'_ I 1P IgJ~~I_I[ ; EJ~IUIIlIIbdlr- M, Christianson ordered Tate to' stand trial on charges of spousal abuse, assault and making terror- ist threats. The judge denied a request by defense attorney Brian Skibby to reduce felony assault and domestic-violence charges against Tate to misdemeanors and to drop the charge of terror- ist threats, Tate is expected to plead not guilty at his arraignment on Nov, 15, to be heard by Judge Ken- neth Barr, Skibby said, "He denies the accusations," Skibby said, "His wite testified that none of the charges took place. None of the accusations were true." Skibby argued that an injury police noted on Griffin-Tate, a small red mark on her lower neck, was in- consistent with police reports that Tate had choked her and put his knee on her neck. "This ,does not rise to the level of a felo- ny," Skibby Tate said. Deputy District Attorney Robert Bulloch said he believes the court made thc right decision not to rcduce the charges. "Domestic violence is a seri- ous problem," Bulloch said, "This is a classic case." Police Ofticer Kevin Jeffery. who took a report from Griftin- Tate, testified that she was hys- terieal and fearful for her satety when he interviewed her and that he believed she was telling the truth, "She was upset, she was hys- terical, she was crying," he said. Gritlin- Tate testified later that her cousin had been at the home during part of the interview and was voicing her opinions on what happened, Griffin-Tate said she belicved her cousin's opin- ions may bave influenced the po- lice report. "1 know some of those things came trom- her," she said. Tate and his wife own a nurs- ing school in San Bernardino and are active in various neighbor- hood groups and otber organiza- tions that work to fight crime and bligbt in the city. OFFICIAL NOTICE OF PUBLIC HEARING Notice is hereby given that the City of San Bernardino Planning Commission will hold a public hearing on Tuesday, November 20,2001 at 7 p.m. in the Council Chambers, City Hall, 300 North "D" Street, San Bernardino, California 92418, on the following items: HOUSING ELEMENTS UPDATE- Revisions to the Housing Element of the City's General Plan to reflect state law requirements. The Housing Element contains goals, policies, and quantified objectives addressing the provision of housing opportunities on a Citywide basis. Environmental Determination: Proposed Negative Declaration The Planning Commission of the City of San Bernardino requests your participation in evaluating the revisions to the Housing Element. The Planning Commission will review the proposed changes and will consider the proposed environmental determination in making their decisi~:m. The public is welco.me to speak at. the public hearing or.to submit WrItten comments prIor to tne hearIng, Should you deSIre further information, please do not hesitate to contact the Development Services Department at City Hall, or by phone at (909) 384-5057. If you challenge the resultant action of the Planning Commission in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Planning Division at, or prior to, the public hearing. MAYOR AND COMMON COUNCIL AND COMMUNITY DEVEWPMENT COMMISSION OF THE CITY OF SAN BERNARDINO NOTICE OF JOINT PUBLIC HEARING PROPOSED 2001 EMINENT DOMAIN AMENDMENT TO THE MEADOWBROOK/CENTRAL CITY REDEVELOPMENT PlAN NOTICE IS HEREBY GIVEN THAT the Mayor an~ Common Council of the City of San Bernardino ("Mayor and Common Council") and the Community Development Commission of the City of San Bernardino ("Commission") will hold a joint public hearing on December 3. 2001. at approximately 2:00 PM, or shortly thereafter, in the Council Chambers, 300 North "D" Srreet, San Bernardino, CA 92418, to consider the proposed 2001 Eminent Domain Amendment to rhe Meadsowbrook/Central City Redevelopment Plan. If adopred after the joint public hearing, [he proposed 2001 Eminent Domain Amendment to the existing Meadowbrook/Central City Redevelopment Plan ("Redevelopment Plan") would reinstate the power of eminent domain for 12 years, to 2013. The Redevelopment Agency, at this time, has not identified any specific projects that would require the use of eminent domain. This proposed Amendment excludes all properties where persons reside from the power of eminent domain. Exhibit "A" accompanying this Notice is a map of the Meadowbrook/Central City Redevelopment Project Area ("Project Area"), which shows the boundaries of the Project Area. A copy of the Project Areas metes and bounds legal description may be obtained at no charge at the Agency's offices at 201 North "EO> Street. Suite 301, San Bernardino. CA 92401. However, no new land or territory is being added to the Project Area under the proposed 2001 Eminent Domain Amendment. The Agency's Repon to the Mayor and Common Council and Community Development Commission ("Report") on the proposed 2001 Eminent Domain Amendment will be presented at the joint public hearing. The Report will include an Addendum EIR, prepared for the proposed 2001 Eminent Domain Amendment under the California Environmental Quality An of 1970, a Blight Report and other documents required by California Community Redevelopment Law. The Addendum to the 1975 Final Environmental Impact Report indicates that the proposed 2001 Eminent Domain Amendment will have no new or significant environmental effect which was not previously considered when the redevelopment plan was adopted and the Mayor and CommonCouncil will be requested to certifY such a finding under CEQA at rhe joint public hearing on the 2001 Eminent Domain Amendment. Priot to the joint public hearing, these documents will be available for inspection at the Agency's offices at 201 North "E" Street, Suite 301. San Bernardino, CA 92401. At the joint public hearing, the Mayor and Common Council and the Community Development Commis- sion will consider all evidence and testimony for and against the 2001 Eminent Domain Amendment and the Addendum EIR. All persons having any objections to the proposed 2001 Eminent Domain Amend~ ment may appear before the Mayor and Common Council and Community Development Commission and show cause why the proposed 2001 Eminent Domain Amendment or Addendum EIR should not be adopted. At any time not later than the hour set for the hearing, any person(s) may file a written statement with the City Clerk, of their objections to the proposed 2001 Eminent Domain Amendment. Public comment will close at the public hearing. The Mayor and Common Council and Community Development Commission will make written findings in tesponse to written objections filed at the public hearing prior to adoption of the 2001 Eminent Domain Amendment. If you have any questions regarding this Notice or the 2001 Eminent Domain Amendment please contact Margaret Park, Project Manager at (909) 663~2272. --1t1 ~l (:::'] [r --I }- ~E!I -1~=:!I57rl'[ , I I -L ! /f' NORTH II Il .LDj !r~).~Tl [ '" Ir 1*T1'1e 5Un-5'a~ Friday. November 2, 2001 Las Vegas manufacturer sees a winner in Barstow to help spur growth in their areas. Another speaker, Desert Community Bank President Ron Wilson, said opportunity abounds for High Desert busi- nesses despite a downturn in some sectors. The Mall of Victor Valley in Victorville, he said, is recording an increase in retail sales not shared hy scores of other malls across the nation. Meanwhile, real estate listings in the desert are up from a year ago, Wilson said, and some auto- mobile dealers are reporting monthly sales of 200 to 400 cars, growth companies in San Ber- nardino and Riverside counties, Hanson recommends cities establish computerized data bases at their city halls to help match growing firms with poten- tial markets, "Through sophisticated mar- ket analyses, you can provide data on regional demography, growth of competitors, market lists and legislative trends," he said, Hanson said four communi- ties - Barstow, Califomia City, Banning and Hemet ~ are in the initial stage of setting up regional economic development centers Lee Hanson, professor of management at Cal State San Bernardino, described the role of technology in economic develop- ment. Eighty percent of new jobs are created with the expansion of local businesses, he said, "Cities need to cultivate their local business base and encour- age these businesses to grow," Hanson said, These highly mobile firms, which he calls "gazelles," often require more space to match the pace of growth, He estirnates there are 1,800 to 3,000 active or potential fast- where 120 workers are em- ployed, According to Dale, Cole chose Barstow for its expanded operation because of low startup costs, proximity to southern Ne- vada gaming centers, trained work force and transportation services. "Weare pleased to welcome Cole Industries to Barstow," the mayor said. "The gaming indus- try has grown significantly over the past several years, as shown by the growth of Las Vegas and Laughlin, and Indian casinos" More than 80 people attended the economic luncheon at the Ramada Inn in Barstow, cheon, Dale said the company will test the equipment in Bar- stow before shipment. "The process cannot be com- pleted in Las Vegas due to Neva- da gaming law restrictions," Dale said, Joseph Cole, president of Cole Industries, said the com- pany plans to construct a 20,000- square-foot structure in Barstow within three years. Cole Industries began its manufacturing operations in a 16,000-square-foot building in Las Vegas in 1993, By last year, the operation had expanded into a 130,000-square-foot structure, By CHUCK MUELLER Staff Writer A Las Vegas company has leased 5,000 square feet in the Barstow Mall to assemble electronic game board equipment in customized cabinets, Barstow Mayor Lawrence Dale said Thursday, Cole Industries Inc, will em- ploy 14 people at first, and with- in three years, hopes to increase the number to 30, the mayor said. Speaking at the Barstow Area Chamber of Commerce's second annual economic forecast lun- L.A. mayor wants Mexico to make greater use of ONT lot of growth potential." Hahn will leave Sunday for Mexico and return late Tuesday, a Hahn spokesman said, His ex- act schedule for the trip was not available Thursday. sibility, even in the wake of the Sept. 11 terrorist attacks, Aera- mexico spokeswoman Mayte Weitzman said, "That's a market that we're studying," she said. "There's a Ontario Intemational handled 6,7 million passengers last year, about one-tenth of the number tbat used LAX. Ontario has the capacity to serve 12 million pas- sengers a year, and plans call for officials to consider building a new tenninal after the airport has served 10 million people two straight years. ' City and airport officials from Ontario bave conducted sales missions to Mexico in the past, resulting in Aeromexico's arrival in June 2000, The airline has flourished at Ontario Internation- al, a company spokeswoman said, An increase in service to On. tario International remains a pos- plan using Ontario International, Palmdale Regional Airport and a proposed airport at the former EI Toro Marine Corps Air Station in Santa Ana, Future plans should not include expansion of LAX, he said, Hahn's speech attracted skep- ticism from a group of anti-LAX expansion protesters, who jeered the rnayor after the presentation. "I believe there's a public Mr, Hahn and I believe there's a behind.doors Mr, Hahn," said Mike Stevens, president of LAX Expansion No. "Behind closed doors, it's business as usual, to squeeze as II1\\ny flights as possi- ble into LAX, That never allows Ontario to b';"ome wbat it could be." revitalizing air travel), we need to make sure under-utilized air- ports in the region handle their fair share of traffic," Hahn said. "Look, we knew (LAX was) the only big airport for a while, There are other big airports out there now." Aeromexico brings three weekly flights from Mexico City to Ontario International and is the airport's only international passenger car.rier. Mexicana Air- line provided Ontario service un- til the early 1 990s when financial problems forced it to cut back. Thursday's comments were part of a presentation by Hahn about the need for an aviation By MATI KRUPNICK Staff Writer Los Angeles Mayor James Hahn will journey to Mexico next week to urge Mexican Pres. ident Vicente Fox and executives of two Mexican airlines to make greater use of Ontario Interna- tional Airport, Hahn told the Southern Cali- fornia Association of Govern- ments on Thursday that his planned visit to Mexico is an at- tempt to alleviate pressure on congested Los Angeles Interna- tional Airport, The city of Los Angeles owns and operates On- tario Intemational. "In order to be successful (in Over TlWnIV.liw Years "f Yo.>>l-=rCan:L",pcrlcnn:. !\<L,k,. , ,II t~ ll'lH <. '11 till htt nt ,\ ,hd,l Bffame a {psteT pmem 'l~a;ni,,~ p,~'"k,l . !1m~,:i,I"'I'r"" . h>h",mc ~0<"i"1 "",k "'v",'" o Md;"LI.",.,.,,,<.,.t,,,ddj h>r'",or.'lnfurmulldR t>l~iUfC..1I P)(}9..,...9012 SB County project funding approved MAYORAND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF TIlE CITY OF SAN BERNARDINO N077CE OF JOINT PUBUC HEARING PROPOSED 200lllMlNENT DOMAIN AMENDMENT TO TIlE CENTRAL CITY EAST REDIM!WPMENT PLAN NOTICE IS HEREBY GlVIlN THAT the Mayo. and Common Council of the City of San Bemardino ("Mayor and Common Council") and the Community Developmen, Commission of the City of San Bemardino iCommisslon") will hold a joint pnbIic: hearins, on Nomnher 19. 2001, at opproaimately 2:00 PM. 0' shonly theteafter, in the Council Ownbm. 300 Nonh "0" Street. San Berlianlino. CA 92418, to con.id.. the ptoposed 2001 Eminent Domain Amendmen, '0 the Cenna! City Eas, &development Plan. If adopted aftet the join, public hearing, the propooed 2001 F.minen, Domain Amendmen, to the eDsting Central City I!ast Redevelopment Plan ("R<development Plan") would teinstate the power of eminen, domain for 12 yeats, ro 2013. The Rodnelopment ~ It thU time, .... not identillod any,pccilic projecu that would NqoUe the 0" .f eminent cIOmain. This ptopoocd Amendmellt esduc1a .n propertiel "'- penona <aide from the power of eminent domain. F.xhibi, "A" accompanying this Notice is a map of the Central City F.as, Redevelopmen' Project AM il'toject AM"), which show. the boundaries of the Project Area. A coE of the Projec, Md. m.... and bounds lesaJ desctiption may he obtained at no clwge at the Agency'. offices at 201 North "E" Saeet, Suite 301, San Bernardino, CA 92401. However. no new land 0' tertitoty i. heing added to the Ptoject AM unde, the propooed 2001 F.minent Domain AmendmenL The Agency'. R<pon to the Mayor and Common Council and Community Developmen, Commission iRopon") on the ptopooed 2001 F.minen, Domain Amendment will he p......red at the joint public hearing. The Ropon will include an Addendum EIR, p...,.ted for the propooed 2001 F.minen, Domain Amendmen, unde, the Califotnia Environmental Quality Act of 1970. . BliRlt' Ropon and other documenu tequired by Califomia Community Redevelopmenr Law. The Addencliun '0 the 1975 Final F.nvironmentallmplCt Ropon indicates that the propooed 200t I!minen, Domain Amendmen, will ..... no new 0' .ignifican, environmental dI'ect which _ not ptniously considered when the redevelopmen, plan was adoPted and the Mayor aod Common Council will he requested to cenify such . finding under CF.Q!. at the join, public heating on the 20011!minen, Domain Amendment. Prio, to the join, pobIic hearing. these documents will he avaiIahle for inspection at the Age=!. offices at 201 North "E" S-. Suite 301. San Bernatdino, CA 92401. Staff Report Congress approved $34,8 mil- lion Thursday to prevent flood- ing on the Santa Ana ~ver and $950,000 for other projects in San Bernardino County. The legislation, negotiated by House-Senate conference com- mittee, passed both houses of Congress and has been sent to the White House. President Bush is expected to sign it. The appropriation includes $26,8 million for Santa Ana Riv- er improvements and $8 million to allow flood-control work to continue along San Timoteo Creek, The money should help assure completion of the San Ti- moteo Creek project by 2003, The $26,8 million will help pay for raising Prado Dam near Chino to increase water capacity and reduce flooding danger, Other money appropriated for local projects includes $250,000 for the Army Corps of Engineers to study how to alleviate San Bernardino's high groundwater problem, $200,000 for a study on how to control erosion on Wil- son Creek in Yucaipa and $200,000 to work with San Ber- nardino County on developing a plan for preserving and using land along the Santa Ana River, Also, $200,000 was approved to continue flood-control mea- sures at Mojave River Forks Dam and $100,000 to help Big Bear Municipal Water District study environmental restoration, water quality and other issues af- fecting Big Bear Lake, r--~~~~" --<~. -" ..:-~~\ .--- -..--....... _ .c'_ '""- "". ,f.. -) ~" '~~-~ ".. .. - ==--' . ,4tt ,4"",,~e<<U '}.. 0... ~ea.util'" .!~ . S/J4ldd Sftea"'''9 e""~4 ,4"",""t, ~ View MOIUUARY AND CEMETERY ServInll Generatl..... 01 FamlB.. SInee .90'7 570 E, Highland Avenue San Bernardino, CA (909) 882.2943 ~ D igltl!J" At the join, public hearing. the Mayor and Common Council and the Community Development Commis- .ion will consider all evidence and testimony fo, and against the 200 1 I!minen' Domain Amendment and the Addendum EIR. All persons hmng any objections to the propooed 2001 I!minenr Domain Amend- men' may appear befote the Mayor and Common Council and Community Developmen, Commission and show cause why the propooed 200 1 F.minent DomainAmendmen, or Addendum F.lRshould nor headopted. At any time no' later than the hour set fo, the hearing. any person(.) may file a written statement with the City C1etk, of their objections to the ptopooed 2001 F.minen' Domain AmendmenL Public comment will d... at the pubHc hearing. The Mayo, aod Common Council and Community Development Commission will mili written findings in tapouse '0 written objections Illed at the public hearing prior to adoption of the 2001 Eminent Domain AmendmenL -- If you have any questions tepJding this Notice or the 2001 Eminem Domain Amendment pi.... contaCt Matgatet l'atk, Project Manager at (909) 663-2272. J ~ id II ~-I~ Antique Distributors VVA...Fl.EHC>USE Dealer & Retailers Source for European Antiques -1' ..n......... . " 2001 Eminent Domain Amendmenttoihe Cen1rnl City East Redevelopment Plan . Report to Mayor and Common Counc:.iI . . . . . . . November 19,2001 City of San Bernardino Redevelopment Agency 201 North "E", Suite 301 SanBernardino, CA 92410 ( //;/710 / I~I '," . '," '~,...... /.< "i~,~" ",,,,>( .. ~ . . ..~. .. --- Rosenow Spevacek Group, Inc. 540 N. Golden Circle, Suite 305 Santa Ana, CA 92705 Phone 714541.4585 Fax 714,836.1748 E-Mail: RSGINCCA@aol.com 1~3 :u ~l:J.~ No. e..-3.2.. " I \ /} 1111 , TABLE OF CONTENTS SECTION PAGE INTRODUCTION ....................................................................................................i SECTION A ............................................................................................... A-1 Reasons for the Amendment and a Description of Specific Projects and How These Projects Will Improve or Alleviate Blighting Conditions Found in the Project Area SECTION B ............................................................................................... B-1 A Description of the Physical and Economic Conditions Existing in the Project Area SECTION C ............................................................................................... C-1 Five-Year Implementation Plan SECTION D ............................................................................................... D-1 Why the Elimination of Blight and Redevelopment Cannot Be Accomplished by Private Enterprise Acting Alone or by the Agency's Use of Financing Alternatives Other Than Tax Increment SECTION E ............................................................................................... E-1 The Method of Financing SECTION F The Relocation Plan ................................................. ......... ...................................... F-1 SECTION G ............................................................................................... G-1 Analysis of the Preliminary Plan SECTION H ............................................................................................... H-1 Report and Recommendation of the Planning Commission SECTION I .................................................................................................1-1 Project Area Committee SECTION J ................................................................................................J-1 General Plan Conformance SECTION K ............................................................................................... K-1 Environmental Documentation SECTION.................................................................................................................PAGE SECTION L ................................................................................................L-1 Report of the County Fiscal Officer SECTION M ............................................................................................... M-1 Neighborhood Impact Report SECTION N ............................................................................................... N-1 A Summary of the Agency's Consultation With Affected Taxing Agencies EXHIBITS Exhibit 1 - Central City East Redevelopment Project Area Map Exhibit 2 - Photo Survey/Sample of Existing Conditions Exhibit 3 - Addendum Environmental Impact Report on 2001 Eminent Domain Amendment INTRODUCTION On May 3, 1976, the Mayor and Common Council ("Common Council") approved Ordinance #3571 that adopted the Redevelopment Plan ("Redevelopment Plan") for the Central City East Redevelopment Project ("Project") and Project Area ("Project Area"). The Project Area includes 225 acres and consists of a mixture of commercial, industrial, and residential uses, along with various public/quasi-public and open space uses. It is generally bounded to the west and east by both Arrowhead and Waterman Avenues and to the south and north by both 2"d and 71h Streets, respectively. Exhibit I presents the precise boundaries of the Project Area. The existing eminent domain authority of the Redevelopment Agency of the City of San Bernardino (the "Agency") is restricted to a 12-year time limit, and expired on January I, 1999. Under the California Community Redevelopment Law ("Law"), the Redevelopment Plan's eminent domain time limit may be extended by up to 12 years if the Agency undertakes plan amendment efforts prescribed by the Law. As the Agency envisions possible land acquisition activities for future redevelopment projects, the Agency is proposing to amend the Plan to extend the eminent domain time limit by 12 years, or until the twelfth anniversary (12th) of the effective date of the ordinance approving the Amendments. As used herein the words "Redevelopment Plan" included the redevelopment plan as originally approved by Ordinance No. 3071, as subsequently merged for financing purposes into the Central City Projects, and as subsequently amended by Ordinance No. MC-72I, Ordinance No. MC-724, and Ordinance No. MC-919. The text of the proposed Amendment provides: "A, Property Acquisition 1. Acquisition of Real Property The Agency may acquire, purchase, lease, obtain option, or otherwise acquire any interest in real property, and any improvements on it by any means authorized by law, including by gift, grant, exchange, purchase, cooperative negotiations, lease, and any other means authorized by law including the use of eminent domain for purposes of redevelopment in the Project Area as authorized by law, Not withstanding the provisions of the preceding sentence, the Agency shall not acquire by eminent domain any property within the Project Area on which a person or persons reside or any property which is either designated under applicable General Plan or zoning regulations as residential property, as of the date when the Agency transmits its written offer to acquire such property to the owner thereofin accordance with Government Code Section 7267,2, or other applicable law. Rosenow Spevacek Group, tnc. November, 2001 1 San Bernardino Redevelopment Agency Central City East Redevelopment Project Report to Mayor and Common Council The Agency is not authorized to acquire real property owned by public bodies, which do not consent to such acquisition. The Agency is authorized, however, to acquire public property, if it is transferred to private ownership before the Agency completes land disposition within the entire Project Area, unless the Agency and the private owner enter into a participation agreement. The Agency shall not acquire real property on which an existing building is to be continued on its present site and in its present form and use without consent of the owner, unless (1) such building requires structural alterations, improvement, modernization or rehabilitation, or (2) the site or lot on which the building is situated requires modification in size, shape or use, or (3) it is necessary to impose upon such property any of the standard. restrictions and controls of the Plan and the owner fails or refUses to participate in the Plan by executing a participation agreement. 2, Acquisition of Personal Property Generally, personal property shall not be acquired. However, where necessary in the execution of this Plan, the agency is authorized to acquire personal property in the Project Area by any lawfUl means. 3. Time Limit for Commencement of Eminent Domain The Agency shall not initiate legal proceedings to acquire an interest in real property by the exercise of the power of eminent domain after the twelfth anniversary (12'h) following the effective date of the ordinance last amending this Section IV. A. " The 1976 Report to the Mayor and Common Council ("1976 Report") established the Agency's goals for the Project Area. The goals expressed the desire of the Agency to focus on "progress and growth" by maximizing the amount of land available for development, leading to an area wide expansion of employment opportunities, payrolls and business volume, accompanied by increased public revenue. Implementation of these goals was cited as a means to accomplish the following objectives: . To insure the completion of those redevelopment projects which have been initiated; . To maintain and assist those activities and land uses which are compatible with the Plan of Development; . To improve the image of the overall Project Area by reinforcing existing assets and by expanding the potentials of the area; . To improve employment opportunities, economic stability and productivity, and to increase public revenues; . To stimulate and provide new private investment opportunities by revitalizing those areas or specific structures which are characterized by deterioration, blight, or functional Rosenow Spevacek Group, Inc. November, 2001 2 San Bernardino Redevelopment Agency Central City East Redevelopment Project Report to Mayor and Common Council obsolescence, and to encourage continued investment in those areas where planned and logical growth is necessary; . To provide guidelines and impetus for new residential development in an attempt to strengthen the overall Project Area; . To encourage circulation improvements for vehicular movement and parking facilities, including transit services; . To provide new and improved facilities for the cultural, educational and other institutional functions of the City, and to promote tourism and entertainment activities; . To accomplish all of the above by evaluating both the short- and long-term needs and potentials of the overall Project Area in a comprehensive manner. To this end, the Redevelopment Plan permitted the Agency to acquire real property by any means authorized by law, including eminent domain. Although the Agency has used the power of eminent domain in the past for the Central City East Redevelopment Project Area only on a limited basis and did not use the power at all after 1990, the ability to acquire property through eminent domain continues to be an effective tool to facilitate redevelopment of the Project Area. Indeed, one of the key reasons for establishing the Project Area was to stimulate development and rehabilitation of structures through the consolidation of parcels. The Agency does not have any immediate or specific plans to use eminent domain to acquire property at this time. However, staff feels that it is very important to preserve this power because it is a necessary component to completing future redevelopment activities. The power of eminent domain is especially necessary for those projects involving land acquisition. The ability to consolidate lots for new development and abate or provide mitigation between incompatible uses is essential in addressing the remaining conditions of blight in the Project Area. The Agency does not want to displace residents of the City and believes that generally, residents who currently live in the Project Area are in satisfactory locations. The Agency's emphasis is on encouraging economic revitalization by consolidating substandard commercial use properties and upgrading commercial use properties so that they have less of an impact on residential areas and homes, Most homes are situated on lots that are adequate in size and shape to accommodate residential use. Consolidation of lots for residential reuse and redevelopment is not necessary especially in light of the fact that new residential projects that usually require larger parcels, such as apartments and condominium projects, are not in demand in the community. The Agency has existing and effective programs that promote and assist the rehabilitation and upgrade of residential units without having to consolidate residential use parcels. Blighted residences and neighborhoods are being addressed through Code Compliance Department actions, the AAR Program, and the Mortgage Assistance Program for I st time homebuyers. Incompatibility issues between commercial use and residential use properties can be resolved not by removal and relocation of residents, but by fostering redevelopment of commercial use property on a sustainable economic basis and by applying current building construction standards to remodeled and new commercial and industrial structures and by requiring adequate buffers between different uses. Being sensitive to surrounding businesses and residents is part of being a good neighbor. Therefore, in order to minimize the impact on residents of the Project Area the proposed Amendment does not apply to residentially occupied properties. Given the commercial Rosenow Spevacek Group, Inc. November, 2001 3 San Bernardino Redevelopment Agency Central City East Redevelopment Project Report to Mayor and Common Council and industrial nature of the Project Area, it is believed that the need for such power is most important in addressing such uses. Additionally, it is felt that were acquisition of residential properties necessary, such acquisition can be accomplished through friendly negotiations. This document is the Agency's Report to the Mayor and Common Council ("Report") on the proposed Amendment, and has been prepared pursuant to Section 33457.1 and 33352 of the Law. Pursuant to Section 33352 of the Law, the Commission is required to submit a Report to the Common Council containing specific documentation regarding the proposed Amendment. The purpose of this Report to the Common Council is to provide the information, documentation, and evidence required to support the adoption of the Amendment. This information, documentation, and evidence are provided to assist the Common Council in its consideration of the proposed Amendment, and in making the various determinations in connection with its adoption. With respect to the Amendment, this Report supplements the documentation and evidence contained in the 1976 Report, prepared in connection with the original Plan; the 1976 Report is incorporated herein by reference. Contents of this Report The contents of this Report are presented in 14 sections, which generally correspond to the subdivisions presented in Section 33352 of the Law. The sections are as follows: SECTION A Reasons for the Amendment and a Description of Specific Projects Proposed and How These Projects Will Improve or Alleviate Blighting Conditions Found in the Project Area SECTION B A Description of the Physical and Economic Conditions Existing in the Project Area SECTION C Five- Year Implementation Plan SECTION D Why the Elimination of Blight and Redevelopment Cannot be Accomplished by Private Enterprise Acting Alone or by the Agency's Use of Financing Alternatives Other Than Tax Increment SECTION E The Method of Financing SECTION F The Relocation Plan SECTION G Analysis of the Preliminary Plan SECTION H Report and Recommendation of the Planning Commission SECTION I Report of the Project Area Committee Rosenow Spevacek Group, Inc. November, 2001 4 San Bernardino Redevelopment Agency Central City East Redevelopment Project Report to Mayor and Common Council SECTION J SECTION K SECTION L SECTION M SECTION N General Plan Conformance Environmental Documentation Report of the County Fiscal Officer Neighborhood Impact Report A Summary of Agency Consultation with Affected Taxing Agencies Rosenow Spevacek Group, Inc. November, 2001 5 San Bernardino Redevelopment Agency Central City East Redevelopment Project Report to Mayor and Common Council SECTION A Reasons for the Amendment and a Description of Specific Projects Proposed and How These Projects Will Improve or Alleviate Blighting Conditions Found in the Project Area The Redevelopment Plan for the Central City East Redevelopment Project Area was adopted by the Mayor and Common Council in 1976. The Redevelopment Plan established various time limitations with regard to financial and implementation powers. In compliance with the Law, the use of eminent domain, as provided for in the Redevelopment Plan, expired on January 1, 1999, 12 years after adoption of the 1987 Amendment to the Redevelopment Plan. While the Agency may continue to implement projects and receive tax increment revenue, it is unable to use eminent domain without an amendment to re-establish the power. The ability to acquire property for revitalization is one of the fundamental tools of redevelopment In Central City East, the re-establishment of the power of eminent domain will enable the Agency to acquire and remediate deteriorated properties, as well as acquire and consolidate lots in order to provide increased opportunities for commercial reuse and redevelopment in the Project Area. Indeed, the major issues concerning the Project Area are: the substandard lot sizes, the occurrence of incompatible uses, multiple ownership, and the presence of significant amounts of cleared lands or underutilized land which affect not only property values but the general business atmosphere and the overall quality of life for workers and residents of the area. These continuing issues are among the most serious factors confronting the Agency as it implements redevelopment programs in the Project Area, and were chief reasons for establishing the Project in 1976. The Agency's existing eminent domain authority, was restricted to a l2-year time limit, and expired on January 1, 1999. Under the Law, the Redevelopment Plan's eminent domain time limit may be extended by up to 12 years, if the Agency undertakes plan amendment efforts as prescribed, As the Agency envisions possible land acquisition activities for future redevelopment projects, the Agency is proposing to amend the Redevelopment Plan to re-establish the Agency's power of eminent domain within the Project Area for a time period of 12 years, following the adoption of the ordinance approving the Amendment. However, the power will be limited to non-residential properties (see text of Amendment included in the Introduction of the Report). By providing the Agency with the power of eminent domain, it will enable the Agency to effectively consolidate properties for a comprehensive program of providing rehabilitation and stimulating development activity. The Agency does not want to displace residents of the City and believes that generally, residents are in satisfactory locations. The Agency's emphasis is on encouraging economic revitalization by Rosenow Spevacek Group, Inc. November, 2001 A-1 San Bernardino Redevelopment Agency Central City East Redevelopment Project Report to Mayor and Common Council consolidating substandard commercial use properties and upgrading commercial use properties so that they have less of an impact on residential areas and homes. Most homes are situated on lots that are adequate in size and shape to accommodate them, Consolidation ofIots for residential reuse and redevelopment is not necessary, especially in light of the fact that new residential projects that usually require larger parcels, such as apartments and condominium projects, are not in demand in the community. The Agency has existing and effective programs that promote and assist the rehabilitation and upgrade of residential units without having to consolidate residential use parcels. Blighted residences and neighborhoods are being addressed through Code Enforcement Department actions, the AAR Program, and the Mortgage Assistance Program for 1st time homebuyers. Incompatibility issues between commercial use and residential use properties can be resolved not by removal and relocation of residents, but by fostering redevelopment of commercial use property on a sustainable economic basis and by applying current building construction standards to remodeled and new commercial and industrial structures and by requiring adequate buffers between different uses. Being sensitive to surrounding businesses and residents is part of being a good neighbor. Therefore, in order to minimize the impact on residents of the Project Area the proposed Amendment does not apply to residentially occupied properties. Given the commercial and industrial nature of the Project Area it is believed that the need for such power is most important in addressing such uses. Additionally, it is felt that were acquisition of residential properties are necessary such acquisition can be accomplished through friendly negotiations. Over the history of the Project, eminent domain was used by the Agency. However, the ability to use eminent domain is still critical to successful property acquisition. For example, without this authority, property acquisition efforts could stall if an owner refused to sell his or her property at a price equal to its fair market value, given the property's highest and best use fair market value. In Central City East, eminent domain is particularly important because of the significant amount of underutilized or irregular form or size shaped parcels that are insufficient for proper usefulness or development. The irregularity of the parcel size and shapes limits development possibilities, as they cannot meet current building and design standards. This condition can contribute to economic decline and impaired investment as current owners are not able to rehabilitate their properties and future development is limited. Even though the Agency has had some success in spurring economic revitalization and providing for rehabilitation, many of the original conditions of blight continue to exist and demand further redevelopment activities. The area has never successfully recovered from the economic downturns of the 1990's or the closure of two major air force bases located within the County of San Bernardino. The economic stagnation of the area is reflected in the fact that median family income has only increased 0.4% in San Bernardino County since 1996, according to the U.S. Department of Housing and Urban Development. This is the lowest growth rate out of all Southern California counties and Rosenow Spevacek Group, Inc. November, 2001 A-2 San Bernardino Redevelopment Agency Central City East Redevelopment Project Report to Mayor and Common Council is an indicator of the lack of economic growth for the area. With the local economy stagnant, assessed value revenues have declined or remain limited for much of the first decade of the Project. This has severely limited the tax increment revenue available to the Agency to conduct redevelopment and only recently has the Agency been able to complete various rehabilitation activities that will now allow for revitalization to move forward. However, with the expiration of the Agency's eminent domain authority, further efforts by the Agency to continue with revitalization, rehabilitation, and economic development may be seriously jeopardized. The Agency does not intend to undertake projects outside the scope of the Redevelopment Plan, and as analyzed in the 1976 Report. A description of the proposed redevelopment projects is contained in the 1976 Report and incorporated herein by reference. Rosenow Spevacek Group, Inc. November, 2001 A.3 San Bernardino Redevelopment Agency Central City East Redevelopment Project Report to Mayor and Common Council SECTION B A Description of the Physical and Economic Conditions in the Existing Project Area Section 33352(b) of the Law requires a description of the physical and economic conditions that cause the Project Area to be blighted. This information was provided in the documentation that was prepared and provided as evidence that the Project Area was deemed blighted at the time of adoption. Although the definition of "blight" has changed since the adoption of the Redevelopment Plan in 1976, this Report will examine the continued existence of the specific conditions of blight, which were found to exist in the Project Area by the Common Council in 1976 under then-current law. When the Common Council adopted the Redevelopment Plan, it determined that blight existed in the Project Area based upon evidence in the record. Those findings are deemed to be final and conclusive under the Law. It follows that portions of the Project Area, which were found to be blighted in 1976, and have not been upgraded or modified since that time, are still conclusively deemed to be blighted. This section of the Report will examine both what portions of the Project Area have not been modified and can be presumed to still be blighted, and which of the original conditions of blight are still present in the Project Area today. The 1976 Report documented the following blighting conditions in the Project Area: . Age, deterioration and dilapidation of structures; . Mixed character and shifting of uses; . Defective design and physical construction; . Depreciated values and impaired investments; . The existence of lots of irregular form and inadequate size; and . The existence of inadequate public improvements. For the purposes of this Amendment, the Law does not require that the Project Area be as blighted as it was when the Project was adopted. Nor does the Law require, to support the amendment, that the Common Council find that the existing Project Area meet the same standards for adoption of a new project area, but only that some of the original blighting factors continue to exist. The Law acknowledges and anticipates that the Agency's redevelopment program will eliminate at least some of the original blighting conditions, and accordingly the Law requires this report to describe what blight remains. Under the Law in effect as of the time of the original plan adoption, even a single blighting factor may be sufficient to support the adoption of a redevelopment plan, so long as that condition causes a reduction of, or lack of Rosenow Spevacek Group, Inc. November, 2001 B-1 San Bernardino Redevelopment Agency Central City East Redevelopment Project Report to Mayor and Common Council proper utilization of the area to such an extent that it constitutes a serious burden on the community which cannot be solved by private enterprise acting alone. This Section B will demonstrate that many of the original blighting conditions found to exist in the Project Area in 1976 still exist. As a result of these infrastructure deficiencies, there has been little private investment in the Project Area other than the specific projects, which were assisted by the Agency as set forth below. Unless the Agency participates directly in a project, it appears that these remaining infrastructure deficiencies cannot be resolved through private activity alone. Since the Redevelopment Plan's adoption in 1976, the Agency has engaged in various activities in order to eliminate the detrimental physical, social, and economic conditions that were negatively impacting the area. By undertaking a comprehensive program of public improvements and by providing a variety of development incentives, the Agency hoped to stimulate new development and rehabilitation activities in the Project Area. So far, the Agency has been able to accomplish various projects, such as, providing development opportunities, job creation and retention, and increased sales tax. Specific projects include: . Funded the Courthouse Project that evaluated the needs of courts to prevent relocation outside of the community in order to increase job retention; . Entered into an OPA with Dynamic Binding to provide assistance for increased private investment and job creation; and . Provided assistance for improvements for expansion of Crown Printers. Due to these actions, the Agency has been able to eliminate a small portion of the blighting conditions that exist in the Project Area. However, the area continues to be faced with dilapidated, deteriorated, aged and obsolescent properties and structures (including housing, commercial, retail and industrial buildings) along with impaired development and investment due to poor parcelization. AGE, DETERIORATION AND DILAPIDATION OF STRUCTURES Many of the structures within the Project Area can be characterized as aged and dilapidated leading to or resulting in declining structural conditions. The commercial and industrial structures within the Project Area are some of the oldest buildings within the City and show signs of dilapidation, deterioration, and age. For example, according to San Bernardino County Assessor information, the average age of the buildings in the Project Area are 49 years old. The combining effects of older buildings and a lack of proper maintenance may lead to serious structural integrity problems as the structural life of a building is usually considered to be 55 years. In fact, age and dilapidation can begin to occur after 25 years resulting from deferred 1 The FFIEC is the Federal Financial Institutions Examination Council which has obtained its statistics from U.s. Census 2000 projections. Rosenow Spevacek Group, Inc. November, 2001 B-2 I San Bernardino Redevelopment Agency Central City East Redevelopment Project Report to Mayor and Common Council maintenance. The structural life of most roofs are only 25 to 30 years, and regular repainting and repairs are needed in order to protect and maintain the integrity of the buildings. As expected, the conditions of many of the structures within the Project Area show significant signs of age, deterioration, and lack of maintenance. The existence of deteriorated and dilapidated buildings is an indicator of blight and is indicative of a lack of reinvestment in the area. For commercial or industrial structures the Agency may need to acquire offending properties. Acquisition of such properties may require the use of eminent domain to accomplish the Agency's goal of eliminating these conditions of deterioration. The proposed Amendment does not provide the Agency with the power of eminent domain for residentially used properties. The Agency does not want to displace residents of the City and believes that generally, residents are in satisfactory locations. The Agency's emphasis is on encouraging economic revitalization by consolidating substandard commercial use properties and upgrading commercial use properties so that they have less of an impact on residential areas and homes. Most homes are situated on lots that are adequate in size and shape to accommodate them. Consolidation of lots for residential reuse and redevelopment is not necessary especially in light of the fact that new residential projects that usually require larger parcels, such as apartments and condominium projects, are not in demand in the community. The Agency has existing and effective programs that promote and assist the rehabilitation and upgrade of residential units without having to consolidate residential use parcels. Blighted residences and neighborhoods are being addressed through Code Compliance Department actions, the AAR Program, and the Mortgage Assistance Program for l" time homebuyers. During a field survey conducted within the area in October 200 l, extreme signs of deterioration and obsolescence were noted among the commercial and industrial properties within the Project Area, For example, buildings located on Waterman Avenue, 5"' Street and Arrowhead Avenue, exhibited severe signs of age and obsolescence. Various structural deficiencies noted were inadequate fencing/barriers, lack of proper paint, and inadequate building materials (corrugated metal). Private rehabilitation of the buildings in this area is unlikely due to the significant numbers and concentration of structures that are in poor physical condition. Because of the escalating costs and the pure volume of structures that need rehabilitation, it is not likely that private parties will rehabilitate their properties. There is no economic incentive for property owners to invest in rehabilitation as they can only obtain returns that are dictated by the surrounding depressed market. Most of these buildings will continue to decline structurally, further contributing to the blighting conditions. Due to the extreme deterioration and age of the commercial or industrial structures in the Project Area, the Agency may need to acquire offending properties. Acquisition of such properties may require the use of power of eminent domain to accomplish the Agency's goal of eliminating these conditions of deterioration. Without a comprehensive program that includes the potential use of condemnation, revitalization will not occur. Rosenow Spevacek Group, Inc. November, 2001 B-3 San Bernardino Redevelopment Agency Central City East Redevelopment Project Report to Mayor and Common Council Figure I :Located at 230 Interocean, this house is indicative of the housing in the Project Area with broken windows, weathered paint and deteriorated roofing. Figure 2: This abandoned gas station is a listed hazardous site with leaking underground storage tanks. Redevelopment of this site will be very costly without the Agency's help in order to clean up the site for future development. Rosenow Spevacek Group, Inc. November, 2001 8-4 San Bernardino Redevelopment Agency Central City East Redevelopment Project Report to Mayor and Common Council Figure 3:lndicative of the lack of reinvestment in the commercial strips in the Project Area, this building located at 2805" Street, is completely vacant and is exhibiting signs of age, weathering and deterioration. Figure 4: While this building has changed ownerships multiple times over the past decade, it again remains vacant due to its deterioration and questionable structural integrity and surrounding incompatible uses. Rosenow Spevacek Group, Inc. November, 2001 8-5 San Bernardino Redevelopment Agency Central City East Redevelopment Project Report to Mayor and Common Council Figure 5: These houses located at 668 Mountain View Avenue pose health and safety risk to surrounding properties with possible infestation problems. Additionally, their age is apparent with weathered exterior protection including roofing and support beams. " - ~ Figure 6:Despite the broken windows and poor exterior condition of this building located at 568 N. Arrowhead Avenue, businesses continue to operate here, posing safety hazards for the employees. Rosenow Spevacek Group, Inc. November, 2001 B-6 San Bernardino Redevelopment Agency Central City East Redevelopment Project Report to Mayor and Common Council DEFECTIVE DESIGN AND PHYSICAL CONSTRUCTION As the buildings within the Project Area have aged and uses have shifted over time, buildings have been converted from their original design and function. However, many of these conversions and/or alterations have occurred without proper alterations, building materials and design. These conversions are specific indicators of blight as buildings are being used for other than what they were originally designed for and lack sufficient off street parking, and access and loading dock space for commercial and industrial uses. Age and obsolescence of the industrial corridors were prevalent within the area. The lack of proper fencing and poor building materials such as corrugated metal and barbed wire fencing (which is a zoning code violation) were common among the industrial uses along Victoria Street and 5th and 6th Street. The insufficient wall barriers between industrial properties and the residential area along 5th Street and Sierra Way pose health and safety issues for the community as individuals are exposed to increased noise, pollution and traffic hazards. MIXED AND INCOMPATIBLE BUILDINGS AND LAND USES As mentioned earlier, the Project Area consists of a mixture of commercial, industrial and residential uses. These uses, when located adjacent to each other without proper buffers, can cause health and safety issues and results in declining property values. By allowing commercial or industrial uses to continue as they currently exist, adjacent to residential areas without proper buffers, may result in the exposure of the occupants to increased noise and air pollution as well as the increased risk of exposure to possible hazardous accidents. The mixture of uses also poses economic difficulties for the commercial and industrial enterprises. Locating commercial and industrial uses adjacent to each other creates visually unattractive neighborhoods. This causes decreased property values and limits future development activity as it conflicts with zoning and building codes. Overall effects of incompatible uses include reduced tax revenues, increased costs for public services and a decline in public services and facilities. In order to eliminate these effects, expensive corrective measures will be needed to eliminate the existing incompatible uses. Re-establishing the power of eminent domain will allow the Agency to effectively consolidate parcels to deal with the problem of incompatible industrial and commercial land uses, as well as provides adequate buffers for residential properties. A mixture of residential, industrial, and warehousing uses is especially prevalent along 5th and 7th Street and Waterman Avenue. In fact, out of the total 23 city blocks within the Project Area, 35% of the blocks (8 total) have either mixed or incompatible uses. Within these areas, scant buffering between residential, commercial and the neighboring industrial uses result in insufficient wall barriers to protect against noise and air pollution. Also, the lack of proper ingress and egress causes traffic conflicts for industrial, commercial and residential traffic. Rosenow Spevacek Group, Inc. November, 2001 B-7 San Bernardino Redevelopment Agency Central City East Redevelopment Project Report to Mayor and Common Council Figure 7:Located at the corner of 7" and Waterman Avenues, this residential unit is sandwiched in between a storage facility and an auto body shop without any adequate barrier protection against the excess noise and pollution. PREVALENCE OF ABSENTEE OWNERS The prevalence of absentee owners can have detrimental effects on building conditions and their maintenance. In fact, a major contributing factor to the Project Area's deterioration of buildings is the high percentage of absentee owners within the area. When owners of property do not live within the same area where the property is located, there it less likely that they will visit the property on a regular basis and provide the needed maintenance. This was confirmed by San Bernardino's Code Compliance Department, which identified absentee owners as a significant contributor to the deterioration of the buildings within the Project Area. Below is a table, which identifies the significantly high percentage of absentee owners within the Project Area and compares it to the overall City and surrounding cities. Rosenow Spevacek Group, Inc. November, 2001 8-8 San Bernardino Redevelopment Agency Central City East Redevelopment Project Report to Mayor and Common Council Absentee Owners No. Of Parcels Absentee Owners. i% Of Absentee Owners Colton 13306 ! 5409 I 40,65% Fontana 34718 10407 29,98% Grand Terrace 3644 983 26.98% Highland 13306 4055 30.47% Rialto 22979 5805 i 25,26% San Bernardino . 53911 22509 41,75% CCE ! 183 77 42.08% *Information obtained from Metroscan where absentee owners have a different zip code from the business or residence they own. The effects of having such a significant amount of the properties owned by owners outside of the area is deferred maintenance, which may lead to unsafe and unhealthy working and living conditions for residents of the area. These conditions can limit future redevelopment opportunities and therefore are also a contributing factor to the economic blight in the area. IMPAIRED INVESTMENT LEADING TO HIGH VACANCY RATES & DEPRECIATED VALUES Over 44% of the residents of the Project Area are below the poverty line. Additionally, the residents of the Project Area and the overall city have substantially lower incomes when compared to the San Bernardino County and national averages2. In fact, the per capita income national average is four times greater than the average per capita income of the Project Area residents. The limited income of the residents results in less disposable income and therefore less money for expenditures in the area and investment into their properties. Below is a table comparing the income levels of the Project Area residents with the City, County and national averages. Project Area City County National Per Capita Income $5,169 $12,922 $20,949 $20,973 Median Household Income $17,633 $29,294 $47,400 $ 42,351 Median Family Income $17,142 $28,843 $47,200 $ 47,800 A survey of realtors in the area suggests that the economic downturns and poor income levels of the residents of the area has lead to impaired investment and subsequently an overall decline in property values for the area. David Catlin of CB Richard Ellis reported that, "The poor economic climate of San Bernardino has definitely had an impact on the commercial market." As a result of the limited disposable income of the residents of the City and Project Area, the 2 All income projections based on 2000 Census projections, Rosenow Spevacek Group, Inc. November, 2001 B-9 San Bernardino Redevelopment Agency Central City East Redevelopment Project Report to Mayor and Common Council retail and commercial markets have suffered. As reported by the San Bernardino Business Registration Division, from January 1999 to September 2001, a total of 633 more businesses have closed their accounts (businesses) than opened new businesses. Also indicative of the impaired investment in the area is the low lease rates for retail and office space in the area. According to quarterly reports produced by CB Richard Ellis, retail space in the Project Area is approximately 13% lower than compared to the overall Inland Empire market, and office space is leasing at approximately 41% lower rates than the rest of the Inland Empire markee. Below is a table comparing the office and retail vacancy rates and lease rates to the City and the Inland Empire markets. Lease Rates Vacancy Rate RETAIL Inland Empire $ 1.04 11.62% San Bernardino $ 1.00 14.84% Project Area $ 0.92 29.00% OFFICE Inland Empire $ 1.41 15.80% San Bernardino $ \.17 29.60% Project Area $ 1.00 30.92% Dala Source-CB Richard Ellis 2 Quarter RegIonal Reports The combination of the economic and physical conditions that exist within the Project Area have had detrimental physical, social, and economic conditions that have been negatively impacting not only the Project Area but has been a burden to the City as a whole. Only by allowing the Agency to continue its projects with the power of eminent domain, will it be able to consolidate parcels and organize land uses so that proper development can occur and the entire area as a whole can become economically prosperous, However, in order to minimize the impact on residents of the Project Are the proposed Amendment does not apply to residentially occupied properties. Given the need to address the problems of the commercial and few industrial properties it is believed that the need for assembly and lot consolidation through the possible use of eminent domain can be limited to such uses. Additionally, it is felt that where acquisition is residential properties are necessary such purchases can be accomplished through friendly negotiations. 3 Based on 2'" Quarter 2001 reports produced by CB Richard Ellis, Rosenow Spevacek Group, Inc. November, 2001 8-10 San Bernardino Redevelopment Agency Central City East Redevelopment Project Report to Mayor and Common Council SECTION C Five-Year Implementation Plan On December 20, 1999, the Agency adopted its current Five-Year Implementation Plan for the Project ("Implementation Plan"). The Implementation Plan contains specific goals and objectives for the Project Area, the specific projects and expenditures proposed to be made during the five-year planning period, and an explanation of how these goals, objectives, and expenditures will eliminate blight within the Project Area. The Implementation Plan is not affected by this Amendment, and is incorporated herein by reference. Rosenow Spevacek Group, Inc. November, 2001 C-1 San Bernardino Redevelopment Agency Central City East Redevelopment Project Report to Mayor and Common Council SECTION D Why the Elimination of Blight and Redevelopment Cannot Be Accomplished by Private Enterprise Acting Alone or by the Agency's Use of Financing Alternatives Other Than Tax Increment Section 33352(d) of the Law requires an explanation of why the elimination of blight in the Project Area cannot be accomplished by private enterprise alone, or by the Agency's use of financing alternatives other than tax increment financing. This information was previously provided in the 1976 Report and supporting documentation prepared and provided at the time of the adoption of the original Plan. The proposed Amendment will not make any changes which would affect the validity of the previously prepared documentation. Rosenow Spevacek Group, Inc. November, 2001 0-1 San Bernardino Redevelopment Agency Central City East Redevelopment Project Report to Mayor and Common Council SECTION E The Method of Financing Section 33352(e) of the Law requires inclusion of a proposed method of financing the Project. This documentation was provided in the 1976 Report, incorporated herein by reference. Because the Amendment will not alter the Project Area boundaries or affect the base year value of the Project Area, the Amendment will not change the method of financing the Project. Rosenow Spevacek Group, Inc. November, 2001 E-1 San Bernardino Redevelopment Agency Central City East Redevelopment Project Report to Mayor and Common Council SECTION F The Relocation Plan Section 33352(f) of the Law requires inclusion of a method of relocation for the Project. Concurrent with the adoption of the original Plan in 1976, the Agency adopted as its method of relocation the California Relocation Assistance and Real Property Acquisition Guidelines, as they existed or are subsequently amended. Also, as a public agency, the Agency is required to adhere to State Relocation Law to the extent relocation is necessary. The Amendment does not alter the Agency's existing method of relocation. Rosenow Spevacek Group, Inc. November, 2001 F-1 San Bernardino Redevelopment Agency Central City East Redevelopment Project Report to Mayor and Common Council SECTION G Analysis of the Preliminary Plan Section 33352(g) of the Law requires the inclusion of an analysis of the Preliminary Plan. This information was provided in the 1976 Report prepared at the time the original Plan was adopted. The proposed Amendment does not alter the analysis of the Preliminary Plan contained in the 1976 Report. Rosenow Spevacek Group, Inc. November, 2001 G-1 San Bernardino Redevelopment Agency Central City East Redevelopment Agency Report to Mayor and Common Council SECTION H Report and Recommendation of the Planning Commission Section 33352(h) of the Law requires inclusion of a report and recommendation of the City of San Bernardino Planning Commission ("Planning Commission"). With respect to the original Plan, the Planning Commission adopted Resolution No. 35 on December 16th, recommending adoption of the Plan. Rosenow Spevacek Group, Inc. November, 2001 1-1 San Bernardino Redevelopment Agency Central City East Redevelopment Project Report to Mayor and Common Council SECTION I Report of the Project Area Committee At the time the Project Area Redevelopment Plan was adopted, no Project Area Committee was formed. Because the proposed Amendment will not result in the displacement of low or moderate-income persons there was no need to form a Project Area Committee. On October 25, 2001, the Agency did hold a Community meeting to inform property owners and residents of the proposed Amendment. Rosenow Spevacek Group, Inc. November, 2001 1-1 San Bernardino Redevelopment Agency Central City East Redevelopment Project Report to Mayor and Common Council SECTION J General Plan Conformance Section 33352(j) of the Law requires a finding of General Plan conformance per Section 65402 of the Government Code. Concurrent with the original adoption of the Plan, the Planning Commission adopted Resolution No.35, on December 16, 1975, finding that the Plan conformed to the City's General Plan. Rosenow Spevacek Group, Inc. November, 2001 J-1 San Bernardino Redevelopment Agency Central City East Redevelopment Project Report to Mayor and Common Council SECTION K Environmental Documentation Section 33352(k) of the Law requires environmental clearance prepared pursuant to Section 21151 of the Public Resources Code. Concurrent with the adoption of the original Plan in 1976, the Agency prepared a Program Environmental Impact Report ("EIR") to review and mitigate impacts associated with Plan implementation. The EIR was included in the 1976 Report and is incorporated herein by reference. For the Amendment, an Initial Study was prepared pursuant to California Environmental Quality Act guidelines, which found that the proposed Amendment to extend the time limit of the Plan's existing eminent domain authority would not have a significant adverse impact on the environment with the incorporation of mitigation measures. As such, in November, an Addendum to the 1976 Environmental Impact Report ("EIR") was completed. On November 16, 2001, the CDC will consider a resolution approving the Addendum to the EIR. Rosenow Spevacek Group, Inc. November, 2001 K-1 San Bernardino Redevelopment Agency Central City East Redevelopment Project Report to Mayor and Common Council SECTION L Report of the County Fiscal Officer The proposed Amendment does not alter Project Area boundaries; therefore, the 1975-76 base year report prepared pursuant to Section 33328 of the Law by the County of San Bernardino Auditor-Controller and State Agency of Equalization, respectively ("Base Year Report"), does not need to be reformulated. The Base Year Report is included in the 1976 Report and incorporated herein by reference. Rosenow Spevacek Group, Inc. November, 2001 L-1 San Bernardino Redevelopment Agency Central City East Redevelopment Project Report to Mayor and Common Council SECTION M Neighborhood Impact Report Section 33352(m) of the Law requires the inclusion of a Neighborhood Impact Report. This information was provided in the 1976 Report and incorporated herein by reference. Because the Amendment extends a time limitation of an existing redevelopment power in the Plan, the Amendment does not alter the 1976 Report's analysis of the Plan's impacts on relocation, traffic circulation, environmental quality, availability of community facilities and services, effect on schools, property assessments and taxes, and low and moderate income housing. Rosenow Spevacek Group, Inc. November, 2001 M-1 San Bernardino Redevelopment Agency Central City East Redevelopment Project Report to Mayor and Common Council SECTION N A Summary of Agency Consultation with Affected Taxing Agencies As a part of the 1976 Plan adoption activities, the Agency consulted with affected taxing agencies to discuss the Plan's impacts and formulate fiscal mitigation agreements. The proposed Amendment would not detrimentally impact affected taxing agencies because the Amendment does not affect the financing of the Project Area in any way, nor will it change the plan's land use policies or list of public improvement projects. On October 18,2001, the Agency transmitted the notice of the November 19,2001 joint public hearing to all affected taxing agencies. Thus far, the Agency has not been contacted by any taxing agencies seeking consultations regarding the Amendment. Rosenow Spevacek Group, Inc. November, 2001 San Bernardino Redevelopment Agency Central City East Redevelopment Project Report to Mayor and Common Council EXHIBIT 1 Central City East Redevelopment Project Area Map Rosenow Spevacek Group, Inc. November, 2001 San Bernardino Redevelopment Agency Central CIty East Redevelopment Project Report to Mayor and Common Council Exhibit 2 Photo Survey/Sample of Existing Conditions Rosenow Spevacek Group, Inc. 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L....._ LJ -j1~l",,"'?W..u1 rT"LC--~ I I:;bl~f,,,,'"l ., Ii ~i ; I ~~,~~ . .~- ;iJ~~-i . II' ~,--'.l,,'1 1 .1 'l\i I ~~______ -.I '\. , "j" --, ~;;..:;.~ ~ ., ~ , - . . '0' -. ;:: !E <;1 ~ ~~-- U.'~;li'rul ~~-~ ;! -,+- ';:!c'~__ .~~~- --;,--:;:!'~-- .. '~~-f~-- "I j' );:~ .'. no, -~~-~ ~ -'~i--= -~. ~ ~ o . (~ :P.:P-:", .S Il :!' c; II. ~ = "ll .5 ,.. u C ~ '" < i: ~ III E .s: Q. 0 a. q; > 0 ~ '- u m 'E 0 0 C .. 0 0 u w .s: 0 c a. 'E 0 c ~ ~ '" c ell ~~ ::::>. CO~ .....J~ -0 .....J_ . " Exhibit 3 Addendum Environmental Impact Report on 2001 Eminent Domain Amendment Rosenow Spevacek Group, Inc. November, 2001 San Bernardino Redevelopment Agency Central City East Redevelopment Project Report to Mayor and Common Council 1 RESOLUTION NO. 2 3 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, MAKING A FINDING THAT CONDITIONS OF BLIGHT BURDEN THE REDEVELOPMENT PROJECT AREA OF THE CENTRAL CITY EAST REDEVELOPMENT PROJECT, APPROVING THE SECTION 33352 REPORT TO THE MAYOR AND COMMON COUNCIL ON THE 2001 EMINENT DOMAIN AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE CENTRAL CITY EAST REDEVELOPMENT, APPROVING THE 2001 EMINENT DOMAIN AMENDMENT TO THE REDEVELOPMENT PLAN AND RECOMMENDING THE CERTIFICATION OF THE ADDENDUM TO THE 1975 ENVIRONMENTAL IMPACT REPORT 4 5 6 7 8 9 10 13 WHEREAS, the City of San Bernardino ("City") is a charter city organized and existin under the Constitution and laws of the State of California; and WHEREAS, the Redevelopment Agency of the City of San Bernardino ("Agency") is public body corporate and politic, organized and existing under the California Communit 11 12 14 Redevelopment Law, Health and Safety Code Sections 33000, et seq. ("CRL"); and WHEREAS, the Community Development Commission of the City of San Bernardin (the "Commission") is the governing board of the Agency; and WHEREAS, the Mayor and Common Council of the City ("Common Council"), b adoption of Ordinance No. 3571 on May 3, 1976, approved and adopted the Redevelopment PI for the Central City East Redevelopment Project; and WHEREAS, concurrent with adoption of the Redevelopment Plan, the Mayor an Common Council certified a Final Environmental Improvement Report (the "1975 FEIR Central City East") for the Redevelopment Plan as amended in accordance with the Californi Environmental Quality Act of 1970, as amended ("CEQA"); and WHEREAS, California Community Redevelopment Law, Health and Safety Cod Section 33476 authorized the financial merger of the redevelopment project area of the Centra City East Redevelopment Project with the "Central City Project" (collectively th 15 16 17 18 19 20 21 22 23 24 25 11/08/2001 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Redevelopment Plan for the Central City East as financially merged with the Central City Projec is referred to herein as the "Original Plan"). WHEREAS, the Mayor and Common Council, by adoption of Ordinance No. MC-563 0 December 8, 1986, approved and adopted the First Amendment to the Original Plan, as amende ("First Amendment"); and WHEREAS, the Common Council, by adoption of Ordinance No. MC- 721 on April 2 1990, approved and adopted the Second Amendment to the Original Plan, as amended ("Secon Amendment"); and WHEREAS, the Common Council, by adoption of Ordinance No. MC-918 on December 20 1994, approved and adopted the Third Amendment to the Original Plan, as amended ("Thir Amendment"); and WHEREAS, the Original Plan, as amended by the First Amendment, Second Amendmen and Third Amendment is hereinafter referred to as the Redevelopment Plan; and WHEREAS, the Redevelopment Plan delineates the redevelopment project area for th Central City East Redevelopment Project (the "Project Area"); and WHEREAS, the Commission and Common Council have initiated proceedings for th adoption of a further amendment to the Redevelopment Plan entitled "2001 Eminent Domai Amendment to the Redevelopment Plan for the Central City East Redevelopment Project" (th "2001 Amendment"); and WHEREAS, the 2001 Amendment shall reinstate the Agency's eminent domain authorit with respect to all non-residentially used or occupied property in the Project Area for a twelv (12) year period, commencing on the date of adoption of the Ordinance of the Common Counci approving the 2001 Amendment; and WHEREAS, the Commission consented to hold a joint public hearing with the Mayo and Common Council with respect to the 2001 Amendment, at which hearing any and all person having any objection to the 2001 Amendment, the proposed Addendum to the 1975 Environmental Impact Report for the Redevelopment Plan for the Original Plan (the "Addendu 11/08/2001 , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 to the 1975 EIR"), or the regularity of any prior proceedings concerning the 2001 Amendment was allowed to appear before the Common Council and show cause why the 2001 Amendmen should not be adopted; and WHEREAS, notice of the joint public hearing of the Commission and Common Counci with respect to the 2001 Amendment and the Addendum to the 1975 EIR was prepared published and served by United States Mail in accordance with applicable law and a copy ofth affidavit of publication of such public notice and a declaration of service by United States Mai of such public notice is on file in the Office of the City Clerk; and WHEREAS, the joint public hearing of the Commission and Common Council was dul held on November 19, 2001; and WHEREAS, the Agency prepared the text of the 2001 Amendment as on file with th City Clerk; and WHEREAS, the Agency staff prepared a document entitled "Report to the Mayor an Common Council on the 2001 Eminent Domain Amendment to the Redevelopment Plan for th Central City East Redevelopment Project" (the "33352 Report"); and WHEREAS, the Commission has considered the information set forth in the Initial Stud prepared for the 2001 Amendment and the accompanying Addendum to the 1975 EIR i accordance with CEQA Guidelines Section 15164 finding that the 2001 Amendment shall no result in any new significant environmental effect or increase in severity of a previousl identified environmental effect that would require major revisions to the 1975 EIR; and WHEREAS, the 2001 Amendment: (i) does not change the boundaries of the Project Area; (ii) does not modify the applicable limitations in the Redevelopment Plan 0 indebtedness that the Agency may incur for the redevelopment of the Project Area; (iii) does not modify or affect any provision of the Redevelopment Plan relating to th allocation oftaxes; 11/08/2001 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (iv) shall not result in the displacement of any person from a residential dwelling uni by means of the Agency's exercise of the power of eminent domain to acquire any interest i property; and (v) apart from the reinstatement of the power of the Agency to acquire non residentially used or occupied property in the Project Area for a twelve (12) year period oftim following the date of adoption of the Ordinance, the 2001 Amendment shall not affect any othe provision of the Redevelopment Plan; WHEREAS, all legal prerequisites of the Commission and the Common Council to th passage of this Ordinance have been satisfied in accordance with applicable law. NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF TH CITY OF SAN BERNARDINO DOES HEREBY ORDER AND RESOLVE AS FOLLOWS: SECTION 1. The purposes and intent of the Commission with respect to the 2001 Amendment is to reinstate the power of the Agency to acquire certain property by exercise 0 eminent domain authority with respect to non-residential property in the Project Area, as se forth in the 2001 Amendment, and thereby protect and promote the sound redevelopment ofth Project Area and the general welfare of the inhabitants of the City by providing a method of non residential property acquisition through the potential use of eminent domain for the Agency t assemble parcels and attract redevelopment interest and investment by owner participants an developers of land, who have entered into agreements and covenants on acceptable terms to th Agency for the redevelopment of such land, consistent with the Redevelopment Plan, the City' General Plan and applicable zoning regulations. SECTION 2. No written objection to the 2001 Amendment was received by th Commission prior to the joint public hearing and no written or oral objection was submitted t the Commission or the Common Council prior to the close of the joint public hearing on th 200 I Amendment. Based on all staff reports and consultant reports prepared by or at th direction of the Agency and the City; the staff and consultants' presentations submitted at th joint public hearing, including without limitation the visual display of maps, graphs, charts an 11/0812001 2 3 4 photographs and the oral comments of interested persons submitted to the Commission and th Common Council at the joint public hearing; the 33352 Report; the Initial Study and th Addendum to the 1975 EIR and the comments as submitted with respect to the Addendum to th 1975 EIR and the text of the 2001 Amendment, the Commission hereby finds and determine 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the Project Area continues to display conditions of blight and the Project Are remains as a blighted area, the redevelopment of which is and remains necessar to effectuate the public purposes of the CRL. This finding is based in part on th research and facts set forth in the 33352 Report; the 2001 Amendment to the Redevelopment Plan shall assist the Agency t correct and eliminate the spread of blight in the Project Area from commerciall zoned and used lands into residentially zoned and used lands in the Project Are by means of assisting owner participants under the terms of specifi redevelopment agreements and covenants acceptable to the Agency to consolidat parcels, eliminate obsolete or blighted structures or conditions on commercial us property and preserve and create new employment and private capital investmen in the Project Area and assisting owner participants and developers under th terms of specific redevelopment agreements and covenants acceptable to th Agency to consolidate parcels, eliminate obsolete structures or conditions 0 commercial use property and preserve and create new employment and privat capital investment in the Project Area. SECTION 3. The Commission hereby acknowledges its receipt and approval of th 33352 Report. The Commission hereby requests the Common Council to consider and approv the 33352 Report in the form as submitted at the joint public hearing for the adoption ofthe 2001 Amendment to the Redevelopment Plan. SECTION 4. Prior to the opening of the joint public hearing at which this Resolution i adopted, the Commission received the Initial Study prepared by the Economic Developmen \1108/200 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Agency of the City of San Bernardino regarding the 2001 Amendment. The Commissio independently reviewed the Initial Study. In its independent discretion, the Common Counci hereby finds and determines that the Initial Study adequately describes the 2001 Amendment an accurately identifies and assessed al1 of the potential1y significant environmental effects 0 impacts of the implementation of the 2001 Amendment. The Common Council further finds an determines that, in 1975, a Program Environmental Impact Report ("1975 EIR") was certified i conjunction with the adoption of the Original Plan. In 1975, there was no time limit on th exercise of the power of eminent domain within the Project Area by the Agency. Subsequently the California Legislature imposed a statutory time limit on the exercise of the power of eminen domain within the Project Area by the Agency. The imposition of this statutory time limit ha occasioned the 2001 Amendment to extend the time during which the Agency may exercise th power of eminent domain within the Project Area. In 1975, it was contemplated that the Agenc would be able to exercise of the power of eminent domain within the Project Area for the life 0 the Original Plan. Thus, the 2001 Amendment to extend the time during which the Agency ma exercise of the power of eminent domain within the Project Area does not present any ne significant environmental effects or any differences in the severity of previously identifie environmental effects and no new information that was not and could not have been known whe the 1975 EIR was certified shows any new significant environmental effects or any differences i the severity of previously identified environmental effects would result from the implementatio of the 2001 Amendment. Therefore, the Commission further finds and determines that there ar no new significant environmental effects or any differences in the severity of environmenta effects associated with the implementation of the 2001 Amendment from those identified in th 1975 EIR requiring major revisions to the 1975 EIR, under Public Resources Code Sectio 21166 and Title 14 California Code of Regulations Section 15162. The Commission furthe finds and determines that no new information that was not and could not have been known whe the 1975 EIR was certified has become available showing that the implementation of the 2001 Amendment will have any new significant environmental effects or cause any differences in th 1II08/2QO I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 severity of previously identified environmental effects requiring major revisions to the 1975 EIR under Public Resources Code Section 21166 and Title 14 California Code of Regulations Sectio 15162. Based on the Initial Study regarding the 2001 Amendment and the findings an determinations of the Commission set forth herein, the Commission hereby finds and determine that no revision or supplement to the 1975 EIR and no subsequent environmental impact report i required under the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) for the adoption of the 2001 Amendment or the request of the Commission that th Common Council adopt an Ordinance approving and adopting the 200 I Amendment. Th Commission further finds and determines that it is appropriate for the City to attach the Initia Study to the 1975 Program EIR, as an Addendum, under Title 14 California Code of Regulation Section 15164. The Commission hereby requests the Common Council to consider thos findings and recommendations of the Commission relating to the Addendum to the 1975 EIR an to certify the Addendum to the 1975 EIR, in accordance with Public Resources Code Sectio 21152 and Title 14 California Code of Regulations Sections 15096(i) and 15094, and to attac the Initial Study to the 1975 EIR, as an Addendum, under Title 14 California Code 0 Regulations Section 15164. SECTION 5. The Commission hereby approves and adopts the 2001 Amendment, copy of which is on file with the Agency Secretary, and which 2001 Amendment is incorporate herein by this reference, and the Commission designates the Redevelopment Plan, as amende by the 2001 Amendment (hereinafter, the "Amended Redevelopment Plan") as the officia redevelopment plan for the Central City East Redevelopment Project subject to the adoption 0 an appropriate Ordinance of the Common Council which approves and adopts the 2001 Amendment and the Amended Redevelopment Plan. SECTION 6. If any section, subsection, subdivision, sentence, clause, phrase, or portio of this Resolution, is, for any reason, held to be invalid or unconstitutional by the decision of an court of competent jurisdiction, such decision shall not affect the validity of the remainin portions of this Resolution. The Commission hereby declares that it would have adopted thi 111081200 I Resolution and each, section subdivision, sentence, clause, phrase, or portion of this Resolution 2 irrespective of the fact that one or more sections, subdivisions, sentences, clauses, phrases, 0 3 portions of this Resolution be declared invalid for any reason. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1lI08/200 I RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, MAKING A FINDING THAT CONDITIONS OF BLIGHT BURDEN THE REDEVELOPMENT PROJECT AREA OF THE CENTRAL CITY EAST REDEVELOPMENT PROJECT, APPROVING THE SECTION 33352 REPORT TO THE MAYOR AND COMMON COUNCIL ON THE 2001 EMINENT DOMAIN AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE CENTRAL CITY EAST REDEVELOPMENT, APPROVING THE 2001 EMINENT DOMAIN AMENDMENT TO THE REDEVELOPMENT PLAN AND RECOMMENDING THE CERTIFICATION OF THE ADDENDUM TO THE 1975 ENVIRONMENTAL IMPACT REPORT 2 3 4 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Communit Development Commission of the City of San Bernardino at a meeting thereof, held on the day of ,2001, by the following vote to wit: 6 7 8 Commission Members: Aves Navs Abstain Absent 9 ESTRADA LIEN MCGINNIS SCHNETZ SUAREZ ANDERSON MC CAMMACK 10 11 12 13 14 15 16 17 Secretary The foregoing resolution is hereby approved this 18 19 day of ,2001. 20 Approved as to form and Legal Content: Judith Valles, Chairperson Community Development Commission City of San Bernardino 21 22 By: 23 Agency Counsel 24 25 11/08/2001 2 STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) 3 I, Secretary of the Community Development Commission of the City of San Bernardino, 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. 4 5 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the Community Development Commission of the City of San Bernardino this day of ,2001. 6 7 8 9 Secretary of the Community Development Commission of the City of San Bernardino 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1110812001 EXHIBIT 8 ORDINANCE 1 2 3 4 ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING THE SECTION 33352 REPORT TO THE MAYOR AND COMMON COUNCIL AND ADOPTING THE 2001 EMINENT DOMAIN AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE CENTRAL CITY EAST REDEVELOPMENT PROJECT AND CERTIFYING AN ADDENDUM TO THE 1975 ENVIRONMENTAL IMPACT REPORT 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 WHEREAS, the City of San Bernardino ("City") is a charter city organized and existing under the Constitution and laws of the State of California; and WHEREAS, the Redevelopment Agency of the City of San Bernardino ("Agency") is a public body corporate and politic, organized and existing under the California Community Redevelopment Law, Health and Safety Code Sections 33000, et seq. ("CRL"); and WHEREAS, the Community Development Commission of the City of San Bernardino (the "Commission") is the governing board of the Agency; and WHEREAS, the Mayor and Common Council ofthe City ("Common Council"), by adoption of Ordinance No. 3571 on May 3, 1976, approved and adopted the Redevelopment Plan for the Central City East Redevelopment Project; and WHEREAS, concurrent with adoption ofthe Redevelopment Plan, the Mayor and Common Council certified a Final Environmental hnprovement Report (the "1975 FEIR-Central City East") for the Redevelopment Plan as amended in accordance with the California Environmental Quality 20 Act of 1970, as amended ("CEQA"); and 21 22 23 WHEREAS, California Community Redevelopment Law, Health and Safety Code Section 33476 authorized the financial merger of the redevelopment project area of the Central City East Redevelopment Project with the "Central City Project" (collectively the Redevelopment Plan for 24 the Central City East as financially merged with the Central City Project is referred to herein as the 25 "Original Plan"). 26 27 28 582001023046. I I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, the Common Council, by adoption of Ordinance No. MC.563 on December 8, 1986, approved and adopted the First Amendment to the Original Plan ("First Amendment"); and WHEREAS, the Mayor and Common Council, by adoption of Ordinance No. MC-72 1 on April 2, 1990, approved and adopted the Second Amendment to the Original Plan, as amended ("Second Amendment"); and WHEREAS, the Common Council, by adoption of Ordinance No. MC-9l9 on December 20, 1994, approved and adopted the Third Amendment to the Original Plan, as amended ("Third Amendment"); and WHEREAS, the Original Plan, as amended by the First Amendment, Second Amendment, and Third Amendment is hereinafter referred to as the Redevelopment Plan; and WHEREAS, the Redevelopment Plan delineates the redevelopment project area for the Central City East Redevelopment Project (the "Project Area"); and WHEREAS, the Agency and Common Council have initiated proceedings for the adoption of a further amendment to the Redevelopment Plan entitled "2001 Eminent Domain Amendment to the Redevelopment Plan for the Central City East Redevelopment Project" (the "2001 Amendment"); and WHEREAS, the 2001 Amendment shall reinstate the Agency's eminent domain authority with respect to all non-residentially used or occupied property in the Project Area for a twelve (12) year period, commencing on the effective date of this Ordinance; and WHEREAS, the Mayor and Common Council consented to hold ajointpublic hearing with the Commission with respect to the 2001 Amendment, at which hearing any and all persons having any objection to the 2001 Amendment, the proposed Addendum to the 1975 Environmental Impact Report for the Redevelopment Plan for the Original Plan (the "Addendum to the 1975 EIR"), or the regularity of any prior proceedings concerning the 2001 Amendment, was allowed to appear before the Common Council and show cause why the 2001 Amendment should not be adopted; and S8200L23046,I 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, notice of the joint public hearing of the Commission and Common Council with respect to the 2001 Amendment and the Addendum to the 1975 EIR was prepared, published and served by United States Mail in accordance with applicable law and a copy of the affidavit of publication of such public notice and a declaration of service by United States Mail of such public notice is on file in the Office of the City Clerk; and WHEREAS, the joint public hearing ofthe Commission and Common Council was duly held on November 19,2001; and WHEREAS, the Agency prepared the text of the 2001 Amendment as on file with the City Clerk; and WHEREAS, the Agency staff prepared a document entitled "Report to the Mayor and Common Council on the 2001 Eminent Domain Amendment to the Redevelopment Plan for the Central City Redevelopment Project" (the "33352 Report"); and WHEREAS, the Common Council considered the information set forth in the Initial Study prepared for the 2001 Amendment and the accompanying Addendum to the 1975 EIR in accordance with CEQA Guidelines Section 15164 finding that the 2001 Amendment shall not result in any new significant environmental effect or increase in severity of a previously identified environmental effect that would require major revisions to the 1975 EIR; and WHEREAS, the 2001 Amendment: (i) does not change the boundaries of the Project Area; (ii) does not modify the applicable limitations in the Redevelopment Plan on indebtedness that the Agency may incur for the redevelopment of the Project Area; (iii) does not modify or affect any provision of the Redevelopment Plan relating to the allocation oftaxes; (iv) shall not result in the displacement of any person from a residential dwelling unit by means ofthe Agency's exercise ofthe power of eminent domain to acquire any interest in property; and SB200 1 :23046.1 3 1 2 3 4 5 6 7 8 9 SECTION 1. The purposes and intent of the Common Council with respect to the 2001 10 Amendment is to reinstate the power of the Agency to acquire certain property by exercise of 11 eminent domain authority with respect to non-residential property in the Project Area, as set forth 12 in the 2001 Amendment, and thereby protect and promote the sound redevelopment of the Project 13 Area and the general welfare of the inhabitants of the City by providing a method ofnon-residential 14 property acquisition through the potential use of eminent domain for the Agency to assemble parcels 15 and attract redevelopment interest and investment by owner participants and developers of land, 16 who have entered into agreements and covenants on acceptable terms to the Agency for the 17 redevelopment of such land, consistent with the Redevelopment Plan, the City's General Plan and 18 applicable zoning regulations. 19 SECTION 2. No written objection to the 2001 Amendment was received by the City or the 20 Agency prior to the joint public hearing of the Commission and Common Council and no written 21 or oral objection was submitted to the Commission or the Common Council prior to the close of the 22 joint public hearing on the 2001 Amendment. Based on all staff reports and consultant reports 23 prepared by or at the direction of the Agency and the City; the staff and consultants' presentations 24 submitted at the joint public hearing, including without limitation the visual display of maps, graphs, 25 charts and photographs and the oral comments of interested persons submitted to the Commission 26 and the Common Council at the joint public hearing; the 33352 Report; the Initial Study and the 27 28 (v) apart from the reinstatement ofthe power of the Agency to acquire non-residentially used or occupied property in the Project Area for a twelve (12) year period of time following the effective date ofthis Ordinance, the 2001 Amendment shall not affect any other provision of the Redevelopment Plan; WHEREAS, all legal prerequisites of the Commission and the Common Council to the passage of this Ordinance have been satisfied in accordance with applicable law. NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ORDAINS AS FOLLOWS: S82001023046.1 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Addendum to the 1975 EIR and the comments as submitted with respect to the Addendum to the 1975 EIR and the text of the 2001 Amendment, the Common Council hereby finds and determines that: (i) the Project Area continues to display conditions of blight and the Project Area remains as a blighted area, the redevelopment of which is and remains necessary to effectuate the public purposes of the CRL. This finding is based in part on the research and facts set forth in the 33352 Report; (ii) the 2001 Amendment to the Redevelopment Plan shall assist the Agency to correct and eliminate the spread of blight in the Project Area from commercially zoned and used lands into residentially zoned and used lands in the Project Area by means of assisting owner participants under the terms of specific redevelopment agreements and covenants acceptable to the Agency to consolidate parcels, eliminate obsolete or blighted structures or conditions on commercial use property and preserve and create new employment and private capital investment in the Project Area and assisting developers under the terms of specific redevelopment agreements and covenants acceptable to the Agency to consolidate parcels, eliminate obsolete structures or conditions on commercial use property and presence and create new employment and private capital investment in the Project Area. SECTION 3. The Common Council hereby acknowledges its receipt of the 33353 Report from the Agency. The Common Council hereby approves the 33353 Report in the form as submitted at the joint public hearing for the adoption of the 2001 Amendment to the Redevelopment Plan. The Common Council is satisfied that written findings have been adopted in response to the single written objection received from a property owner before or at the noticed joint public hearing and the single oral objection presented by a property owner at the joint public hearing on November 19, 2001. The Common Council has considered all evidence and testimony presented at the November 19,2001, joint public hearing for or against the 2001 Amendment to the Redevelopment Plan, and S8200L23046,1 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 the Common Council hereby overrules the written and the oral objection to the 2001 Amendment to the Redevelopment Plan. SECTION 4. The Common Council hereby further finds and determines that: a. All facts set forth in the above Recitals are true and correct. b. The Common Council previously found and determined in Ordinance No. 3571 that the Project Area is a blighted area, the redevelopment of which is necessary to effectuate the public purposes declared in the CRL, and such findings and determinations set forth in Ordinance No.3 5 71 are final and conclusive and the 2001 Amendment does not add territory to the Project Area or make any other revisions to the Redevelopment Plan affecting these previous findings and determinations and such previous findings and determinations remain valid and effective, and no further findings or determinations concerning blight are required in connection with the adoption of the 2001 Amendment. c. The Redevelopment Plan, as amended by the 2001 Amendment, will foster the redevelopment of the Project Area in conformity with the CRL and in the interests of the public peace, health, safety, and welfare. d. The adoption and carrying out of the Redevelopment Plan, as amended by the 2001 Amendment, is economically sound and feasible. e. The Redevelopment Plan, as amended by the 2001 Amendment, is consistent with and conforms to the General Plan of the City, including but not limited to, the Housing Element of the General Plan. f. The carrying out ofthe Redevelopment Plan, as amended by the 2001 Amendment, shall promote the public peace, health, safety, and welfare of the City and shall effectuate the purposes and policies of the CRL. g. The condemnation of real property, as provided for in the Redevelopment Plan, as amended by the 2001 Amendment, is necessary to the implementation of the Redevelopment Plan, S8200 I m046,! 6 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 and adequate provisions have been made for payment of just compensation for property to be acquired, if any, as provided by law. h. The Common Council previously found and determined that the Redevelopment Plan provides a feasible method and plan for the relocation of families and persons displaced from the Project Area, if any. However, the implementation of the 2001 Amendment and the acquisition of any property by exercise of eminent domain pursuant to such 2001 Amendment shall not result in the temporary or permanent displacement of any occupants of housing facilities in the Project Area. The Common Council hereby further finds and determines that (i) such findings and determinations set forth in Ordinance No. 3572 are final and conclusive; (ii) the 2001 Amendment does not add territory to the Project Area or make any other revisions to the Redevelopment Plan affecting these previous findings and determinations, (iii) the 2001 Amendment shall not result in the displacement of any person from a residential dwelling unit as a result of the Agency's exercise of eminent domain to acquire any property, (iv) such previous findings and determinations remain valid and effective, and (v) no further finding or determination concerning the foregoing is required for the 2001 Amendment. I. The Common Council, in Ordinance No. 3571, previously found and determined that there are or are being provided in the Project Area, or in other areas not generally less desirable in regard to public utilities and public and commercial facilities, and at rents or prices within the financial means ofthe families and persons displaced from the Proj ect Area, if any, decent, safe, and sanitary dwellings equal in number to the number of and available to the displaced families and persons and reasonably accessible to their places of employment. The Common Council further finds and determines that (i) such findings and determinations set forth in Ordinance No. 3571 are final and conclusive; (ii) the 2001 Amendment does not add territory to the Project Area or make any other revisions to the Redevelopment Plan that affect these previous findings and determinations, (iii) the 2001 Amendment shall not result in the displacement of any person from a residential dwelling unit as a result of the Agency's exercise of the power of eminent domain to S8200 I :23046.1 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 acquire any property, (iv) such previous findings and determinations remain valid and effective, and (v) no further finding or determination concerning the foregoing is required for the 2001 Amendment. J, Families and persons shall not be displaced prior to the adoption of a relocation plan pursuant to CRL Sections 33411 and 33411.1, and dwelling units housing persons and families of low or moderate income shall not be removed or destroyed prior to the adoption of a replacement housing plan pursuant to CRL Sections 33334.5, 33413, and 33413.5. k. The Common Council hereby finds that CRL Section 33367(d)(9) is not applicable to the 2001 Amendment in light of the fact that the 2001 Amendment does not add territory to the Project Area or make any other revisions to the Redevelopment Plan, except for the reinstatement of the power of eminent domain. \. The Common Council hereby finds that CRL Section 33367( d)(1 0) is not applicable to the 2001 Amendment in light of the fact that the 2001 Amendment does not add territory to the Project Area or affect the allocation of tax increment revenues from the Project Area pursuant to CRL Section 33670. m, The Common Council hereby finds that CRL Section 33367(d)(II) is not applicable to the 2001 Amendment in light ofthe fact that the 2001 Amendment does not add territory to the Project Area or make any other revisions to the Redevelopment Plan, except for the reinstatement of the power of eminent domain. n. The Common Council hereby finds that CRL Section 33367(d)(12) is not applicable to the 2001 Amendment in light of the fact that the 2001 Amendment does not add territory to the Project Area or make any other revisions to the Redevelopment Plan, except for the reinstatement of the power of eminent domain. o. The time limitation on commencement of eminent domain proceedings contained in the 2001 Amendment is reasonably related to the proposed projects to be implemented in the Project Area and to the ability of the Agency to eliminate blight within the Project Area, The 2001 S82001 :23046.1 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Amendment does not amend or affect any other time limitations or amend or affect the limitation on the number of dollars to be allocated to the Agency contained in the Redevelopment Plan, as amended by the 200 I Amendment. p. The Common Council previously found in Ordinance No. 3571, and determined that it was satisfied that permanent housing facilities will be available within three (3) years from the time residential occupants of the Project Area are displaced, if any, and that pending the development ofthe permanent replacement housing facilities, there will be available to the displaced housing occupants, if any, adequate temporary dwelling facilities at rents comparable to those in the City at the time of their displacement. The Common Council further finds and determines that the provisions ofCRL Section 33367(e) are not applicable to the 2001 Amendment in light of the fact that the 2001 Amendment does not add territory to the Project Area or make any other revisions to the Redevelopment Plan affecting these previous findings and determinations and that the implementation of the 2001 Amendment shall not result in the displacement of any person from housing facilities in the Project Area by an exercise of the Agency's power of eminent domain. SECTION 5. Prior to the opening of the joint public hearing at which this Ordinance is adopted, the Common Council received the Initial Study prepared by the Economic Development Agency of the City of San Bernardino regarding the 2001 Amendment. The Common Council independently reviewed the Initial Study. In its independent discretion, the Common Council hereby finds and determines that the Initial Study adequately describes the 2001 Amendment and accurately identifies and assessed all of the potentially significant environmental effects or impacts of the implementation ofthe 2001 Amendment. The Common Council further finds and determines that, in 1975, a Program Environmental Impact Report ("1975 EIR") was certified in conjunction with the adoption of the Original Plan, In 1975, there was no time limit on the exercise of the power of eminent domain within the Project Area by the Agency. Subsequently, the California Legislature imposed a statutory time limit on the exercise of the power of eminent domain within the Project Area by the Agency. The imposition SB2001 ,23046,1 9 . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ofthis statutory time limit has occasioned the 200 I Amendment to extend the time during which the Agency may exercise the power of eminent domain within the Project Area. In 1975, it was contemplated that the Agency would be able to exercise ofthe power of eminent domain within the Project Area for the life ofthe Original Plan. Thus, the 2001 Amendment to extend the time during which the Agency may exercise of the power of eminent domain within the Project Area does not present any new significant environmental effects or any differences in the severity of previously identified environmental effects and no new information that was not and could not have been known when the 1975 EIR was certified shows any new significant environmental effects or any differences in the severity of previously identified environmental effects would result from the implementation of the 2001 Amendment. Therefore, the Cornmon Council further finds and determines that there are no new significant environmental effects or any differences in the severity of environmental effects associated with the implementation of the 2001 Amendment from those identified in the 1975 EIR requiring major revisions to the 1975 EIR, under Public Resources Code Section 21166 and Title 14 California Code of Regulations Section 15162. The Common Council further finds and determines that no new information that was not and could not have been known when the 1975 EIR was certified has become available showing that the implementation ofthe 2001 Amendment will have any new significant environmental effects or cause any differences in the severity of previously identified environmental effects requiring major revisions to the 1975 EIR, under Public Resources Code Section 21166 and Title 14 California Code of Regulations Section 15162. Based on the Initial Study regarding the 2001 Amendment and the findings and determinations of the Cornmon Council set forth herein, the Cornmon Council hereby finds and determines that no revision or supplement to the 1975 EIR and no subsequent environmental impact report is required under the California Environmental Quality Act (Public Resources Code Section 21000, et seq.) for the adoption of this Ordinance. The Common Council further finds and SB200 U3046,l 10 . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 determines that it is appropriate for the City to attach the Initial Study to the 1975 Program EIR, as an Addendum, under Title 14 California Code of Regulations Section 15164. The Common Council hereby authorizes and directs the City Clerk to file a Notice of Determination consistent with the Common Council findings and determinations set forth in this Ordinance, in accordance with Public Resources Code Section 21152 and Title 14 California Code of Regulations Sections 15096(i) and 15094, and to attach the Initial Study to the 1975 EIR, as an Addendum, under Title 14 California Code of Regulations Section 15164. SECTION 6. The Common Council hereby approves and adopts the 2001 Amendment, a copy of which is on file with the City Clerk, and which 2001 Amendment is incorporated herein by this reference, and the Common Council designates the Redevelopment Plan, as amended by the 2001 Amendment (hereinafter, the "Amended Plan") as the official redevelopment plan for the Central City East Redevelopment Project. SECTION 7. The Common Council hereby authorizes and provides for the City of San Bernardino's expenditure of money provided for in the Amended Plan, subject to annual appropriation thereof by the Common Council. SECTION 8. The Agency is hereby vested with the responsibility for carrying out the Amended Plan in accordance with the provisions thereof and of applicable law. SECTION 9. The Common Council hereby declares its intention to undertake and complete any proceedings necessary to be carried out by the City under the provisions of the Amended Plan. SECTION 10. This Ordinance shall take effect thirty (30) days following its second reading by the Common Council. The City Clerk shall comply with the applicable procedures of the CRL with respect to the recordation of the 2001 Amendment and the Amended Plan and transmission of a copy ofthis Ordinance to other public entities, as may be required, SECTION 11. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance, is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent j urisdiction, such decision shall not affect the validity ofthe remaining portions SB2DO 123046.1 11 1 2 3 4 5 6 7 8 9 10 11 of this Ordinance. The Common Council hereby declares that it would have adopted this Ordinance and each, section subdivision, sentence, clause, phrase, or portion of this Ordinance, irrespective of the fact that one or more sections, subdivisions, sentences, clauses, phrases, or portions of this Ordinance be declared invalid for any reason. SECTION 12. The City Clerk shall cause a certified copy ofthis Ordinance to be transmitted to the Agency. SECTION 13. The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be published as required by law. IIII IIII IIII ,.. ( f ... 1 2 3 4 5 ANORDWANCEOFTHEMAYORANDCOMMONCOUNC~OFTHECITYOF SAN BERNARDWO APPROVWG THE SECTION 33352 REPORT TO THE MAYOR AND COMMON COUNC~ AND ADOPTWG THE 2001 EMINENT DOMAIN AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE CENTRAL CITY EAST REDEVELOPMENT PROJECT AND CERTIFYWG AN ADDENDUM TO THE 1975 ENVIRONMENTAL IMPACT REPORT 6 HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and 7 Common Council of the City of San Bernardino at a joint regular meeting thereof, held on the 8 day of 2001, by the following vote, to wit: 9 COUNC~ AYES NAYS ABSTAIN ABSENT 10 ESTRADA 11 LIEN 12 McGINNIS 13 SCHNETZ 14 SUAREZ 15 ANDERSON 16 McCAMMACK 17 18 19 APPROVED AND ADOPTED this 20 21 Approve 22 23 By: 24 st-/I!rT; City Attorney 25 26 27 28 SB2001 :23046,1 Rachel G. Clark day of ,2001. Judith Valles, Mayor City of San Bernardino 13