HomeMy WebLinkAboutMC-1183
Adopted: September 7, 2004
Effective: October 8, 2004
ORDINANCE NO. KC-1l83
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ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO ADOPTING THE 2004 EMINENT
DOMAIN AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE
UPTOWN REDEVELOPMENT PROJECT
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WHEREAS, the City of San Bernardino ("City") is a charter city and municipal
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corporation organized and existing under the Constitution and laws of the State of California;
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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 (the "CRL"). The CRL is found at Health and Safety Code Section 33000
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et seq.; and
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WHEREAS, the Mayor and Common Council of the City ("Common Council"), by
adoption of Ordinance No. MC-527 on June 18, 1986, approved and adopted the Redevelopment
Plan for the Uptown Redevelopment Project; and
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WHEREAS, the Common Council has subsequently adopted certain amendments to the
Redevelopment Plan for the Uptown Redevelopment Project as follows:
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(i) Common Council Ordinance No. MC-927 on December 19,1995; and
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(ii)
Common Council Ordinance No. MC-1161 on December 1, 2003.
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WHEREAS, the Redevelopment Plan for the Uptown Redevelopment Project as adopted
by Common Council Ordinance No. MC-527, and as amended by Common Council Ordinance
No. MC-927, and as further amended by Common Council Ordinance No. MC-1161 is referred
to herein as the "Redevelopment Plan"; and
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WHEREAS, the Common Council has initiated proceedings for the adoption of a further
amendment to the Redevelopment Plan to reinstate the Agency's power to acquire land in the
redevelopment project area of the Uptown Redevelopment Project (the "Project Area") by
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eminent domain; and
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WHEREAS, Common Council and the Community Development Commission of the
City of San Bernardino (the "Commission") which serves as the governing board of the Agency
have called upon the owners of property, residents, business operators and neighborhood
organizations in the Project Area to form a Project Area Committee for the purpose of having
consultations concerning the proposed reinstatement of the Agency's power of eminent domain
and the adoption of an amendment to the Redevelopment Plan (the "2004 Amendment") and the
potential of the Agency's exercise of the reinstated power of eminent domain to displace low-
and moderate-income residents through the exercise of eminent domain on residential properties
within the Project Area; and
WHEREAS, the 2004 Amendment does not propose to modify the boundaries of the
Project Area or change any of the financial provisions of the Redevelopment Plan. The 2004
Amendment is focused solely on the reinstatement of the Agency's eminent domain authority
with respect to all property in the Project Area for a twelve (12) year period following the
adoption of the ordinance of the Common Council adopting the 2004 Amendment; and
WHEREAS, the Common Council consented to hold a joint public hearing with the
Commission with respect to the 2004 Amendment, at which public hearing any and all persons
having any objection to the 2004 Amendment or the Final Program Environmental Impact
Report described below, or the regularity of any prior proceedings concerning the 2004
Amendment, would be allowed to appear before the Commission and the Common Council and
show cause why the 2004 Amendment should not be adopted; and
WHEREAS, the joint public hearing of the Commission and the Common Council was
duly held on July 19, 2004 regarding the certification of the Final Program Environmental
Impact Report and the 2004 Amendment; and
WHEREAS, a Final Program Environmental Impact Report has been prepared in
connection with the consideration and approval of the 2004 Amendment and certain related
redevelopment implementing activities, including a redevelopment study project referred to as
the "Mercado Santa Fe Project" and the City General Plan Amendment No. 04-02, and the
Common Council has adopted its resolution entitled:
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"RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING A
STATEMENT OF OVERRIDING CONSIDERATIONS, CERTIFYING A FINAL
PROGRAM ENVIRONMENTAL IMPACT REPORT, ADOPTING THE
MITIGATION MONITORING PLAN FOR THE REINSTATEMENT OF
EMINENT DOMAIN POWERS IN THE REDEVELOPMENT PROJECT AREAS
OF THE UPTOWN REDEVELOPMENT PROJECT AREA AND THE CENTRAL
CITY NORTH REDEVELOPMENT PROJECT AREA, AND OTHER
ENTITLEMENT ACTIONS, APPROVING CERTIFYING A TRANSPORTATION
TRAFFIC IMPACT ANALYSIS REPORT, AND ADOPTING GENERAL PLAN
AMENDMENT NO. 04-02"; and
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WHEREAS, the Commission has adopted its resolution entitled:
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"RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE
CITY OF SAN BERNARDINO MAKING FINDINGS REGARDING CONDITIONS
OF BLIGHT IN THE REDEVELOPMENT PROJECT AREA OF THE UPTOWN
REDEVELOPMENT PROJECT, APPROVING THE SECTION 33352 REPORT TO
THE MAYOR AND COMMON COUNCIL ON THE 2004 EMINENT DOMAIN
AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE UPTOWN
REDEVELOPMENT PROJECT AND APPROVING THE 2004 EMINENT DOMAIN
AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE UPTOWN
REDEVELOPMENT PROJECT"; and
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WHEREAS, all legal prerequisites to the passage of this Ordinance have occurred and
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been taken in accordance with applicable law.
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NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO DO ORDAIN AS FOLLOWS:
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SECTION I. The facts set forth in the Recitals of this Ordinance are true and correct
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and are hereby made part of the findings and determinations of the Common Council as relate to
the approval of the 2004 Amendment.
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SECTION 2. Conditions of blight still affect the Project Area. At the present time, the
Agency may acquire land in the Project Area by purchase and other negotiated means, but the
Agency's power to acquire land necessary for specific redevelopment project activities lapsed in
1998. In general, the purpose and intent of the Redevelopment Plan is not changed by the 2004
Amendment. The purpose and intent of the Common Council with respect to the 2004
Amendment is to eliminate and prevent the spread of blight in the Project Area. The
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reinstatement of the Agency's eminent domain authority with respect to all property in the
Project Area for a twelve (12) year period following the adoption of this Ordinance is necessary
and appropriate to achieve this purpose and intent. The 2004 Amendment shall assist the
Agency to achieve this goal of promoting the redevelopment of the Project Area and the general
welfare of the inhabitants of the City, by enabling the Agency to assemble parcels which are
necessary to support specific redevelopment activities to prevent and eliminate the spread of
blight in the Project Area. Apart from the reinstatement of the power of eminent domain, the
2004 Amendment does not add territory to the Project Area or make any other revision to the
Redevelopment Plan.
SECTION 3. (a) The Common Council hereby acknowledges its receipt of the
written report, dated July 2004, on the 2004 Amendment which has been prepared pursuant to
CRL Section 33352 (the "Section 33352 Report"). As set forth in CRL Section 33457.1, the
Section 33352 Report contains the information relating to the 2004 Amendment to the extent
warranted by the proposed reinstatement of the power of eminent domain in the Project Area.
The following subsections of the Section 33352 Report for the 2004 Amendment do not require
further discussions or consideration as the proposed reinstatement of the Agency's
redevelopment powers does not change the content or analysis of the matters covered under such
subsections of the report which was prepared and considered by the Common Council under
Section 33352 at the time when the Redevelopment Plan was originally adopted in 1986. The
subsections of the Section 33352 Report relating to the 2004 Amendment where substantive
analysis is not required at this time are identified as follows:
Section 33352( c)
Section 33352( d)
the Five Year Implementation Plan;
why the elimination of blight cannot b
accomplished by private party action alone;
method of financing;
the relocation plan;
analysis of the preliminary plan;
report and recommendation of the Plannin
Commission;
Section 33352(e)
Section 33352(f)
Section 33352(g)
Section 33352(h)
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Section 33352(j)
Section 33352(1)
Section 33352(n)
general plan conformance;
report of the County fiscal officer; and
summary of Agency consultations with affecte
taxing agencies.
The reinstatement of the Agency's power of eminent domain does not require further
analysis at this time under any of the foregoing subsections.
The Common Council further acknowledges its receipt of the other written reports,
exhibits and information presented by City and Agency staff and consultants at the joint public
hearing which was conducted prior to the adoption of this Ordinance, together with all written
and oral testimony and statements presented by interested persons prior to the close of such joint
public hearing.
(b) The Common Council hereby finds and determines that the joint public hearing
conducted with respect to the 2004 Amendment was full and fair.
SECTION 4. The Common Council hereby finds and determines that:
a.
The Common Council has previously found and determined in Ordinance No.
MC-527, that the Project Area is a blighted area, the redevelopment of which i
necessary to effectuate the public purposes declared in the CRL. For the reason
set forth in the Section 33352 Report, the Common Council hereby further find
and determines in connection with its consideration of the 2004 Amendment, th
that such findings and determinations originally set forth in Ordinance No. MC
527 continue to be valid. Conditions of blight in the Project Area as originall
observed at the time of adoption of the Redevelopment Plan remain in existence
which blighting conditions as observed in 2004 include deteriorated an
dilapidated buildings (33352 Report pages B-4 to B-B), substandard design tha
prevents or substantially hinders economically viable use or capacity of th
buildings or lots (33352 Report pages B-B to B-15) mixed and incompatibl
commercial, industrial and residential uses (33352 Report pages B-15 to B-17)
lots of irregular form and size creating a hindrance to future development (3335
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b.
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Report pages B-18 to B-19), prevalence of absentee owners having detrimenta
effects on building conditions and maintenance of such buildings (33352 Repo
page B-19), impaired investment leading to high vacancy rates and depreciate
values (33352 Report pages B-20 to B-21), prevalence of building and zonin
code violations (33352 Report pages B-22 to B-24), and high levels of seriou
criminal offenses in the Project Area (33352 Report pages B-25 to B-29). In 200
the Project Area displays symptoms of both "physical and economic blight" a
these terms are defined in CRL Section 33031.
c.
The reinstatement of the power of eminent domain in the Project Area will assist
with the redevelopment of the Project Area in conformity with the CRL and is in
the interests of the public peace, health, safety, and welfare.
The adoption and carrying out of the 2004 Amendment remains economically
sound and feasible for the same reasons as indicated at the time when the
Redevelopment Plan was adopted.
The 2004 Amendment will not change the original findings of the Common
Council that the Redevelopment Plan is consistent with and conforms to the
General Plan of the City including, but not limited to, the Housing Element of the
General Plan.
The adoption and carrying out of the 2004 Amendment will promote the public
peace, health, safety, and welfare of the City and would effectuate the purposes
and policies of the CRL and in particular will assist the Agency to elimination
and prevent the spread of blight on lands which the Agency may not otherwise be
able to acquire by negotiated purchase or cause to be abated by other means.
The power to acquire real property by condemnation upon the reinstatement of
the Agency's power of eminent domain, as provided for in the 2004 Amendment,
is necessary to the execution of the Redevelopment Plan, and adequate provisions
have been made for payment for property to be acquired, if any, as provided by
law.
d.
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g.
The Agency has adopted the relocation rules and regulations of the State of
California and therefore has a feasible method for the relocation of families and
persons displaced from the Project Area, if the implementation of the 2004
Amendment should result in the temporary or permanent displacement of any
occupants of housing facilities in the Project Area.
The Common Council hereby finds and declares that in the event that any person
is displaced from the Project Area as the result of the Agency's acquisition of
property, whether by exercise of the power of eminent domain or otherwise, that
there shall be 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 of such persons and families displaced
from the Project Area, decent, safe and sanitary dwellings equal in number to the
number of and availability to the displaced families and persons and reasonably
accessible to their places of employment.
The Common Council hereby finds and declares that in the event the Agency
may acquire any property in the Project Area by exercise of the power of eminent
domain or otherwise, that the families and persons who reside on such property
shall not be displaced by the Agency prior to the adoption of a relocation plan
pursuant to CRL Sections 33411 and 33411.1. 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,
33341 and 33413.5.
h.
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Based upon the information set forth in the Section 33352 Report, the
noncontiguous portion of the Project Area referred to as "Subarea B" is blighted.
The elimination of blight and the redevelopment of the Project Area in the
absence of the 2004 Amendment is not reasonably expected to be accomplished
by private enterprise acting above without the aid and assistance available to the
Agency under the 2004 Amendment in light of the fact that blight continues to
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exist in the Project Area on a broad and substantial scale, and private property
owners acting alone often cannot address conditions of blight on land which they
own or can acquire without Agency assistance because such land, standing alone,
is too small in size, too irregular in shape, too obsolete in present use or
configuration or is too adversely affected by other blighting conditions which
impair its value and limit investment of new capital and prevent its economic
reuse and redevelopment, all as demonstrated in the Section 33352 Report.
The time limitation on commencement of eminent domain proceedings contained
in the 2004 Amendment, is reasonably related to projects to be implemented in
the Project Area and to the ability of the Agency to eliminate blight within the
Project Area. The 2004 Amendment does not amend or affect any financial
provision or other time limitations or amend or affect the limitation on the
number of dollars to be allocated to the Agency that are contained in the
Redevelopment Plan.
SECTION 5. The Common Council has adopted its Resolution entitled "A Resolution
of the Mayor and Common Council of the City of San Bernardino Adopting Written Responses
to the Written and Oral Objections to the Amendment to the Uptown Redevelopment Project
Area Plan." The Common Council hereby approves and adopts each of the findings set forth in
such Written Responses. The Common Council hereby overrules each and every written and
oral objection to the adoption of the 2004 Amendment, as submitted to the Common Council
prior to the close of the joint public hearing which preceded the adoption of this Ordinance.
I.
The Common Council hereby finds and determines that in calendar year 2004, the
Project Area is a predominantly urbanized area and displays a combination of conditions set
forth in CRL Section 33031, and the Section 33352 Report, which remain and are today so
prevalent and so substantial that they cause a reduction of, and lack of, property utilization of the
lands in the Project Area to such an extent that such conditions constitute a serious physical and
economic burden on the community which cannot reasonably be expected to be reversed or
alleviated by private enterprises or government action, or both, without redevelopment.
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SECTION 6. The Common Council hereby amends the Redevelopment Plan as
follows:
Subsection "C. Property Acquisition" of Section "v. PROPOSED
REDEVELOPMENT ACTIONS" of the Redevelopment Plan is herby amended in its
entirety to read as follows:
"c. Propertv Acquisition
1.
Acquisition of Real Property
Except as specifically exempted herein, the Agency may acquire real property by
any means authorized by law, including by purchase, lease, obtain option upon,
acquire by gift, grant, bequest, devise, or otherwise, any real or personal property,
and any improvements on it, including repurchase of property owned by Agency,
exchange, cooperative negotiation, or eminent domain.
It is in the public interest and is necessary in order to execute this Plan, for the
power of eminent domain to be employed by the Agency to acquire real property
in all portions of the Project Area, with the following exclusions:
a.
Except as otherwise provided, within, or otherwise provided by
law, no eminent domain proceedings to acquire property shall be
commenced after twelve (12) years from the date of adoption of
the ordinance approving and adopting the 2004 Amendment to the
Uptown Redevelopment Plan.
Agency shall not acquire from any of its members or officers any
property or interest in property except through eminent domain
proceedings.
Property already devoted to a public use may be acquired by the
Agency through eminent domain, but property of a public body
shall not be acquired without its consent.
b.
c.
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The Agency at the request of the Common Council may accept a
conveyance of real property (located either outside a survey area)
owned by a public entity and declared surplus by the public entity,
or owned by a private entity.
The Agency may dispose of such property to private persons or to
public or private entities, by sale or long-term lease for
development. All or any part of the funds derived from the sale or
lease of such property may at the discretion of the Common
Council be paid to the City, or to the public entity from which any
such property was acquired.
Any exercise of its power of eminent domain by the Agency shall be subject to
all of the limitations set forth in this 2004 Amendment. These limitations may
only be extended by subsequent amendment of the Plan.
d.
The Agency shall, if at all, exercise the power of eminent domain in accordance
with the provisions and prerequisites of the California Eminent Domain Law
[Code of Civil Procedure Sec. 1230.010 et seq.] and the California Relocation
Act [Government Code Sec. 7262 et seq.].
Acquisition of Personal Propertv, Any other Interest in Real Property, and
Anv Improvements in Real Propertv
Where necessary in the implementation of the Plan, the Agency is authorized to
acquire personal property, any other interest in real property, and any
improvements on real property including repurchase of developed property
previously owned by Agency by any lawful means."
2.
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SECTION 7. The Common Council designates the Redevelopment Plan, as amended
by the text of the 2004 Amendment as set forth in Section 6 of this Ordinance (hereinafter, the
"Amended Plan"), as the official redevelopment plan for the Uptown Redevelopment Project.
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SECTION 8. The Common Council hereby authorizes and provides for the City's
expenditure of money to implement the Amended Plan.
SECTION 9. 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 10. The Common Council hereby declares its intention to undertake and
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complete any proceedings necessary to be carried out by the City under the provisions of the
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Amended Plan.
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SECTION 11. The City Clerk shall comply with the applicable procedures of the CRL
with respect to the adoption of this Ordinance, including the transmission of a copy of this
Ordinance to other public entities and the recordation of this Ordinance, or the recordation of a
Notice of Amended Plan as authorized by the CRL.
SECTION 12. 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 of the remaining
portions 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 or unconstitutional.
SECTION 13. The City Clerk shall certify to the passage of this Ordinance and shall
cause the same to be published in a newspaper of general circulation as required by law.
SECTION 14. The City Clerk shall cause a certified copy of this Ordinance to be
transmitted to the Agency.
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ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO ADOPTING THE 2004 EMINENT
DOMAIN AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE
UPTOWN REDEVELOPMENT PROJECT
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I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and
joint
Common Council of the City of San Bernardino at a regular meeting thereof, held on the
7th day of September ,2004, by the following vote to wit:
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Council Members: Ayes Navs Abstain Absent
ESTRADA X
LONGVILLE x
MCGINNIS X
DERRY X
KELLEY X
JOHNSON X
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MC CAMMACK X
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18 The foregoing ordinance is hereby approved this 9th
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,2004.
September
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Approved as to form and Legal Content:
By: ~7./~
()'y Attorney
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