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HomeMy WebLinkAboutMC-1105 Adopted: October 1, 2001 Effective: November 1, 2001 ORDINANCE NO. MC-1105 2 3 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 MT. VERNON CORRIDOR REDEVELOPMENT PROJECT AND CERTIFYING AN ADDENDUM TO THE 1990 ENVIRONMENTAL IMPACT REPORT 4 5 6 7 8 WHEREAS, the City of San Bernardino ("City") is a charter city organized and existin under the Constitution and laws of the State of Cali fomi a; and 9 10 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 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 13 14 15 WHEREAS, the Mayor and Common Council of the City ("Common Council"), b adoption of Ordinance No. MC-733, approved and adopted the Redevelopment Plan for the Mt. Vernon Corridor Redevelopment Project ("Original Plan"); and WHEREAS, the Common Council, by adoption of Ordinance No. MC-928 on Decembe 20, 1994, approved and adopted the First Amendment to the Original Plan ("First Amendment"); and 16 17 18 19 20 WHEREAS, the Original Plan, as amended by the First Amendment, IS hereinafte referred to as the Redevelopment Plan; and WHEREAS, the Redevelopment Plan delineates the redevelopment project area for th Mt. Vernon Corridor Redevelopment Project (the "Project Area"); and WHEREAS, the Agency and Common Council have initiated proceedings for th adoption of a further amendment to the Redevelopment Plan entitled "2001 Eminent Domai 21 22 23 24 25 -1- MC-1105 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Amendment to the Redevelopment Plan for the Mt. Vernon Corridor Redevelopment Project' (the "2001 Amendment"); and WHEREAS, the Agency may acquire any interest in property in the Project Area by an means authorized by law and by the use of eminent domain, if necessary until June 25, 2002; and WHEREAS, the 2001 Amendment shall extend the Agency's eminent domain authorit with respect to all nonresidential used or occupied property in the Project Area for a twelve (12 year period, commencing upon the adoption of this Ordinance; and WHEREAS, the Mayor and Common Council consented to hold a joint public hearin with the Commission 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 199 Environmental Impact Report for the Redevelopment Plan for the Original Plan (the "Addendu to the 1990 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 1990 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 join! public hearing of the Commission and Common Council was dul held on August 20, 2001, as continued to September 4,2001; 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 Mt. Vernon Corridor Redevelopment Project" (the "33352 Report"); and -2- MC-1105 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 WHEREAS, the Common Council considered the information set forth in the Initia Study prepared for the 2001 Amendment and the accompanying Addendum to the 1990 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 previous I identified environmental effect that would require major revisions to the 1990 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 ofthe Project Area; (iii) does not modify or affect any provision of the Redevelopment Plan relating to th allocation of taxes; (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 extension of the power of the Agency to acquire non-residentiall used or occupied property in the Project Area for a twelve (12) year period of time following th date of adoption of this Ordinance, the 2001 Amendment shall not affect any other provision 0 the Redevelopment Plan; WHEREAS, the Common Council has approved a written response to the objection presented by interested persons to the 2001 Amendment at the join! public hearing and alllega prerequisites of the Commission and the Common Council to the passage of this Ordinance hav been satisfied in accordance with applicable law, NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY 0 SAN BERNARDINO ORDAINS AS FOLLOWS: SECTION 1. The purposes and intent of the Common Council with respect to the 2001 Amendment is to extend the power of the Agency to acquire certain property by exercise 0 eminent domain authority with respect to nonresidential property in the Project Area, as set fort -3- MC-1105 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 III the 2001 Amendment after June 25, 2002, and thereby protect and promote the soun redevelopment of the Project Area and the general welfare of the inhabitants of the City b providing a method of non-residential property acquisition through the potential use of eminen domain for the Agency to assemble parcels and attract redevelopment interest and investment b owner participants and developers of land, who have entered into agreements and covenants 0 acceptable terms to the Agency for the redevelopment of such land, consistent with th Redevelopment Plan, the City's General Plan and applicable zoning regulations. SECTION 2. Based on all public comments, both written and oral, received and/o submitted at or prior to the joint pubic hearing of the Commission and Common Council 0 August 20, 2001, as continued to September 4, 2001; all staff reports and consultant report prepared by or at the direction of the Agency and the City; the staff and consultants' presentations submitted at the joint public hearing, including without limitation the visual displa of maps, graphs, charts and photographs and the oral comments of interested persons submitte to the Commission and the Common Council at the joint public hearing; the 33352 Report; th Initial Study and the Addendum to the 1990 EIR and the comments as submitted with respect t the Addendum to the 1990 EIR and the text of the 2001 Amendment, the Common Counci hereby finds and determines that: (i) 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; (ii) 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 -4- MC-1105 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 Common Council hereby acknowledges its receipt of the 3335 Report from the Agency. The Common Council hereby approves the 33352 Report in the fo as submitted at the joint public hearing for the adoption of the 2001 Amendment to th Redevelopment Plan. The Common Council notes that no written objection was filed to th 2001 Amendment to the Redevelopment Plan and the Common Council is further satisfied tha written findings have been adopted in response to the oral objections received from intereste persons at the joint public hearing and the oral objections presented by interested persons at th joint public hearing on August 20, 2001, as continued to September 4, 2001. The Commo Council has considered all evidence and testimony presented at the August 20, 2001, a continued to September 4,2001, joint public hearing for or against the 2001 Amendment to th Redevelopment Plan, and the Common Council hereby overrules the oral objections 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. MC 733 that the Project Area is a blighted area, the redevelopment of which is necessary t effectuate the public purposes declared in the CRL, and such findings and determinations se forth in Ordinance No. MC-733 are final and conclusive and the 2001 Amendment does not ad territory to the Project Area or make any other revision or change to the Redevelopment PIa affecting these previous findings and determinations and such previous findings an -5- MC-1105 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 determinations remain valid and effective, and no further findings or determinations concernin blight are required in connection with the adoption of the 2001 Amendment. c, The Redevelopment Plan, as amended by the 2001 Amendment, will foster th redevelopment of the Project Area in conformity with the CRL and in the interests of the publi peace, health, safety, and welfare, d. The adoption and carrying out of the Redevelopment Plan, as amended by th 2001 Amendment, is economically sound and feasible. e. The Redevelopment Plan, as amended by the 2001 Amendment, is consistent wit and conforms to the General Plan of the City, including but not limited to, the Housing Elemen 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 shal effectuate the purposes and policies of the CRL. g. The condemnation of real property, as provided for in the Redevelopment Plan, a amended by the 2001 Amendment, is necessary to the implementation of the Redevelopmen Plan, and adequate provisions have been made for payment of just compensation for property t be acquired, if any, as provided by law, h, The Common Council previously found and determined that the Redevelopmen Plan provides a feasible method and plan for the relocation of families and persons displace from the Project Area, if any. However, the implementation of the 2001 Amendment and th acquisition of any property by exercise of eminent domain pursuant to such 2001 Amendmen shall not result in the temporary or permanent displacement of any occupants of housin facilities in the Project Area. The Common Council hereby further finds and determines that (i such findings and determinations set forth in Ordinance No. MC-733 are final and conclusive; (ii) the 2001 Amendment does not add territory to the Project Area or make any other revision 0 change to the Redevelopment Plan affecting these previous findings and determinations, (iii) th 2001 Amendment shall not result in the displacement of any person from a residential dwellin -6- MC-1105 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 unit as a result of the Agency's exercise of eminent domain to acquire any property, (iv) sue previous findings and determinations remain valid and effective, and (v) no further finding 0 determination concerning the foregoing is required for the 2001 Amendment. I. The Common Council, in Ordinance No, MC-733, previously found an determined that there are or are being provided in the Project Area, or in other areas no generally less desirable in regard to public utilities and public and commercial facilities, and a rents or prices within the financial means of the families and persons displaced from the Projec Area, if any, decent, safe, and sanitary dwellings equal in number to the number of and availabl 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 se forth in Ordinance No. MC-733 are final and conclusive; (ii) the 2001 Amendment does not ad territory to the Project Area or make any other revision or change to the Redevelopment Plan tha affect these previous findings and determinations, (iii) the 2001 Amendment shall not result i the displacement of any person from a residential dwelling unit as a result of the Agency' exercise ofthe power of eminent domain to acquire any property, (iv) such previous findings an determinations remain valid and effective, and (v) no further finding or determination concernin the foregoing is required for the 2001 Amendment. J, Families and persons shall not be displaced prior to the adoption of a relocatio plan pursuant to CRL Sections 33411 and 33411.1, and dwelling units housing persons an families of low or moderate income shall not be removed or destroyed prior to the adoption of replacement housing plan pursuant to CRL Sections 33334.5, 33413, and 33413.5. k. The Common Council hereby finds that CRL Section 33367(d)(a) IS no applicable to the 2001 Amendment in light of the fact that the 2001 Amendment does not ad territory to the Project Area or make any other revision or change to the Redevelopment Plan except for the extension of the power of eminent domain after June 25, 2002. I. The Common Council hereby finds that CRL Section 33367(d)(IO) IS no applicable to the 2001 Amendment in light of the fact that the 2001 Amendment does not ad -7- MC-ll05 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 territory to the Project Area or affect the allocation of tax increment revenues from the Projec Area pursuant to CRL Section 33670. m, The Common Council hereby finds that CRL Section 33367(d)(11) is no applicable to the 2001 Amendment in light of the fact that the 2001 Amendment does not ad territory to the Project Area or make any other revision or change to the Redevelopment Plan except for the reinstatement of the power of eminent domain. n, The Common Council in Ordinance No. MC-733, previously found an determined that the Project Area is "predominantly urbanized" as defined in CRL Sectio 33320.1 and the Common Council further finds that CRL Section 33367(d)(12) is not applicabl to the 2001 Amendment in light of the fact that the 2001 Amendment does not add territory t the Project Area or make any other change or revision to the Redevelopment Plan, except for th reinstatement of the power of eminent domain, o. The time limitation on commencement of eminent domain proceedings containe in the 2001 Amendment is reasonably related to the proposed projects to be implemented in th Project Area and to the ability of the Agency to eliminate blight within the Project Area. Th 2001 Amendment does not amend or affect any other time limitations or amend or affect th limitation on the number of dollars to be allocated to the Agency contained in th Redevelopment Plan, as amended by the 2001 Amendment. p, The Common Council previously found III Ordinance No, MC-733, an determined that it was satisfied that permanent housing facilities will be available within thre (3) years from the time residential occupants of the Project Area are displaced, if any, and tha pending the development ofthe permanent replacement housing facilities, there will be availabl to the displaced housing occupants, if any, adequate temporary dwelling facilities at rent comparable to those in the City at the time of their displacement. The Common Council furthe 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 Projec Area or make any other change or revision to the Redevelopment Plan affecting these previou -8- MC-1105 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 findings and determinations and that the implementation of the 2001 Amendment shall not resul in the displacement of any person from housing facilities in the Project Area by an exercise 0 the Agency's power of eminent domain. SECTION 5. Prior to the opening of the joint public hearing at which this Ordinance i adopted, the Common Council received the Initial Study prepared by the Economi Development Agency of the City of San Bernardino regarding the 2001 Amendment. Th Common Council independently reviewed the Initial Study, In its independent discretion, th Common Council hereby finds and determines that the Initial Study adequately describes th 2001 Amendment and accurately identifies and assesses all of the potentially significan environmental effects or impacts from the implementation of the 2001 Amendment. Th Common Council further finds and determines that, in 1990, a Program Environmental Impac Report ("1990 EIR") was certified in conjunction with the adoption of the Original Plan, HeaIt and Safety Code Section 33333.2(a)(4) imposes a statutory time limit on the exercise of th power of eminent domain within the Project Area by the Agency. This statutory time limit ha occasioned the 200 I Amendment to extend the time period during which the Agency ma exercise the power of eminent domain within the Project Area. When the 1990 EIR wa certified, it was contemplated that the Agency would be able to exercise of the power of eminen domain within the Project Area to effectuate the redevelopment of the Project Area, Extensio of the time period during which the Agency may exercise the power of eminent domain withi the Project Area does not affect the environmental analyses in the 1990 EIR, as exercise of th eminent domain power was a contemplated procedure for effectuating the redevelopment goal of the Original Plan analyzed in the 1990 EIR. Also, the Initial Study indicates that the 2001 Amendment to extend the time during which the Agency may exercise the power of eminen domain within the Project Area does not present any new significant environmental effects 0 any differences in the severity of previously identified environmental effects and no ne information that was not and could not have been known when the 1990 EIR was certified show any new significant environmental effects or any differences in the severity of previousl -9- MC-1105 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 identified environmental effects would result from the implementation of the Original Plan, a amended. In fact, the Initial Study reveals that the exercise of the power of eminent domain b the Agency, under the 2001 Amendment, is likely to improve the environmental condition within the Project Area. Therefore, the Common Council further finds and determines that ther are 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 1990 EIR requiring major revisions to the 1990 EIR, under Public Resources Code Sectio 21166 and Title 14 California Code of Regulations Section 15162. The Common Counci further finds and determines that no new information that was not and could not have bee known when the 1990 EIR was certified has become available showing that the implementatio of the Original Plan, as amended, will have any new significant environmental effects or caus any differences in the severity of previously identified environmental effects requiring majo revisions to the 1990 EIR, under Public Resources Code Section 21166 and Title 14 Californi Code of Regulations Section 15162. Based on the Initial Study regarding the 2001 Amendmen and the findings and determinations of the Common Council set forth herein, the Commo Council hereby finds and determines that no revision or supplement to the 1990 EIR and n subsequent environmental impact report is required under the California Environmental Qualit Act (Public Resources Code Sections 21000, et seq,) for the adoption of this Ordinance, Th Common Council further finds and determines that it is appropriate for the City to attach th Initial Study to the 1990 EIR, as an Addendum, under Title 14 California Code of Regulation Section 15164, The Common Council hereby authorizes and directs the City Clerk to file a Notice 0 Determination consistent with the Common Council findings and determinations set forth in thi Ordinance, in accordance with Public Resources Code Section 21152 and Title 14 Californi Code of Regulations Sections 15096(i) and 15094, and to attach the Initial Study to the 199 EIR, as an Addendum, under Title 14 California Code of Regulations Section 15164. -10- _______1 MC-1105 2 3 4 5 6 7 8 9 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 incorporate herein by this reference, and the Common Council designates the Redevelopment Plan, a amended by the 2001 Amendment (hereinafter, the "Amended Redevelopment Plan") as th official redevelopment plan for the Mt. Vernon Corridor Redevelopment Project. SECTION 7, The Common Council hereby authorizes and provides for the expenditur by the City of San Bernardino of money provided for in the Amended Redevelopment Plan subject to annual appropriation thereof by the Common Council. SECTION 8. The Agency is hereby vested with the responsibility for carrying out th Amended Redevelopment Plan in accordance with the provisions thereof and of applicable law, 10 1111 11 1111 12 1111 13 1111 14 1111 15 1111 16 1111 17 1111 1111 18 1111 19 1111 20 1111 21 1111 22 1111 23 1111 24 1111 25 1111 -11- MC-1105 2 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 MT, VERNON CORRIDOR REDEVELOPMENT PROJECT AND CERTIFYING AN ADDENDUM TO THE 1990 ENVIRONMENTAL IMPACT REPORT 3 4 5 HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor an Common Council of the City of San Bernardino at ~~mmlIXkregular meeting thereof, held 0 October the ~ day of~, 2001, by the following vote, to wit: 6 7 8 9 COUNCIL ESTRADA LIEN McGINNIS SCHNETZ SUAREZ ANDERSON McCAMMACK AYES X X X X X X X NAYS ABSTAIN ABSENT 10 11 12 13 ~(uJ.e2jJ ~ b4 Rac~~J() ~Ill>> APPROVED AND ADOPTED this ~ da/o~ober , 2001./ v~. ~ 14 15 16 17 18 19 20 By: , 21 St..i\lCtlT.City Attorney 22 23 24 25 ~12-