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HomeMy WebLinkAboutMC-1113 'Adopted: December 17, 2001 Effective: January 17, 2002 I ORDINANCE NO. MC-lll3 2 3 4 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 MEADOWBROOK/CENTRAL CITY 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 20 21 22 23 24 25 26 27 28 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 ofthe City of San Bernardino (the "Commission") is the governing board of the Agency; and WHEREAS, the Mayor and Common Council have previously adopted Ordinance Nos, 2233 and 2649, dated July 21, 1958, and February 23, 1965, which approved the Redevelopment Plan for the Meadowbrook Project and the Redevelopment Plan for the Central City Project Area No. I in accordance with the applicable provisions of the Community Redevelopment Law (Health and Safety Code Section 33000 et seq.); and WHEREAS, the Redevelopment Plan for the Meadowbrook Project Area No, 1 and the Redevelopment Plan for the Central City Project Area No. 1 were subsequently amended by Ordinance No. 3059, dated March 16, 1970, and the redevelopment project areas ofthe Central City Project No. I and the Meadowbrook Project No.1 were merged for financial purposes and further amended by Ordinance No, 3683, dated November 7, 1977; and concurrently with the 1977 amendment the Mayor and Common Council certified a Final Environmental Impact Report (the MEADOWBROOK-Ordinance. wpd I MC-lll3 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 "1975 FEIR - Meadowbrook/Central City") for their 1977 Amendment 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 merger into one contiguous project area of the Meadowbrook/Central City Redevelopment Projects with the "Central City Project" (collectively the Redevelopment Plans for the Meadowbrook/Central City as financially merged with the Central City Project is referred to herein as the "Original Plan"). WHEREAS, the Common Council, by adoption of Ordinance Nos. MC-558 and 559 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-723 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-916 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 areas for the Meadowbrook/Central City Redevelopment Project (the "Project Area"); and WHEREAS, the Redevelopment Plan, as amended in 1986 which authorized the Agency to acquire property within the redevelopment project areas of the Meadowbrook/Central City Redevelopment Project for community redevelopment purposes by grant, donation, negotiated purchase or lease or by exercise of eminent domain, which power to acquire land by eminent domain however, has lapsed in 1999 under applicable provisions of the Community Redevelopment Law; and MEADOWBROOK-Ordinance.wpd 2 . MC-lll3 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 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 Meadowbrook/Central City 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 a joint public hearing with the Commission with respect to the 2001 Amendment, at which hearing any and all persons having any obj ection to the 200 I 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 WHEREAS, notice of the joint public 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 December 3,2001; 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 Meadowbrook/Central City Redevelopment Project" (the "33352 Report"); and MEADOWBROOK-Ordinancc.wpd 3 , MC-lllJ 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 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 maj orrevisions 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 ofthe power of eminent domain to acquire any interest in property; and (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 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: SECTION 1. The purposes and intent of the Common Council with respect to the 2001 Amendment is to reinstate the power of the Agency to acquire certain property by exercise of eminent domain authority with respect to non-residential property in the Project Area, as set forth in the 2001 Amendment, and thereby protect and promote the sound redevelopment of the Project MEADOWBROOK-Ordinance. wpd 4 MC-lllJ I 2 3 4 5 6 7 S 9 10 11 12 13 14 15 16 17 IS 19 20 21 22 23 24 25 26 27 28 Area and the general welfare ofthe inhabitants ofthe City by providing a method of non-residential property acquisition through the potential use of eminent domain for the Agency to assemble parcels and attract redevelopment interest and investment by owner participants and developers of land, who have entered into agreements and covenants on acceptable terms to the Agency for the redevelopment of such land, consistent with the Redevelopment Plan, the City's General Plan and applicable zoning regulations. SECTION 2. No written objection to the 2001 Amendment was received by the City or the Agency prior to the joint public hearing of the Commission and Common Council and no written or oral objection was submitted to the Commission or the Common Council prior to the close ofthe joint public hearing on the 2001 Amendment. Based on all staff reports and consultant reports 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 display of maps, graphs, charts and photographs and the oral comments of interested persons submitted to the Commission and the Common Council at the joint public hearing; the 33352 Report; the Initial Study and the 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 MEADOWBROOK-Ordinance. wpd 5 J Me-lll3 I 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 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 December 3, 2001. The Common Council has considered all evidence and testimony presented at the Decenber 3, 2001, joint public hearing for or against the 2001 Amendment to the Redevelopment Plan, and 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 Nos. 2233 and 2649 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 Nos. 2233 and 2649 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. M EADOWBROOK-Ordinance.wpd 6 Me-lll3 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 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 200 I 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, 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 200 I 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. 2233 and 2649 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 ofthe Agency's exercise of eminent domain to acquire any property, (iv) such previous findings and determinations remain MEADOWBROOK-Ordinance.wpd 7 Me-lll3 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 valid and effective, and (v) no further finding or determination concerning the foregoing is required for the 200 I Amendment. 1. The Common Council, in Ordinance Nos. 2233 and 2649, 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 of the 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 Nos. 2233 and 2649 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 ofthe Agency's exercise ofthe power 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. 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. 1. The Common Council hereby finds that CRL Section 33367(d)(10) is not applicable to the 2001 Amendment in light of the fact that the 2001 Amendment does not add territory to the MEADOWBROOK-Ordinance. wpd 8 ,------- .- Me-I1l3 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 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)(1I) 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. 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 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 2001 Amendment. p. The Common Council previously found in Ordinance Nos. 2233 and 2649, 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, ifany, and that pending the development of the 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 MEADOWBROOK-Ordinance.wpd 9 Me-I1l3 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 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 ofthe 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 environmental effects or impacts of the implementation of the 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 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 ofthe power of eminent domain within the Project Area for the life of the Original Plan. Thus, the 200 I 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 200 I Amendment from those MEA DOWl3ROOK-Ordinance.wpd 10 I Me-I1l3 I 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 identified in the 1975 EIR requiring majorrevisions 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 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 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 Meadowbrook/Central City Redevelopment Project. MEADOWBROOK-Ordinancc. wpd 11 . Me-I1l3 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 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 of this 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 jurisdiction, such decision shall not affect the validity ofthe remaining portions ofthis Ordinance. The Common Council hereby declares that it would have adopted this Ordinance and each, section subdivision, sentence, clause, phrase, or portion ofthis 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 Me-lll3 I 2 3 4 5 6 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 MEADOWBROOKJCENTRAL CITY REDEVELOPMENT PROJECT AND CERTIFYING AN ADDENDUM TO THE 1975 ENVIRONMENTAL IMPACT REPORT HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and 8 7 Common Council of the City of San Bernardino at ajoint regular meeting thereof, held on the 19 APPROVED AND ADOPTED this 18th 20 21 22 Approved as to form and legal content: 23 B~ ?--~ 24 25 lty Attorney 26 27 28 MEADOWBROOK-Ordinance. wpd 17th day of 9 COUNCIL 10 ESTRADA 11 LIEN 12 McGINNIS 13 SCHNETZ 14 SUAREZ 15 ANDERSON 16 McCAMMACK 17 18 December 2001, by the following vote, to wit: AYES NAYS ABSTAIN ABSENT x x x x x x x ,2001. JJ. Ce~Lh.-,lc lark day of 13