HomeMy WebLinkAboutR33-Economic Development Agency
ECONOMIC DEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO
FROM:
Gary Van Osdel
Executive Director
SUBJECT:
UPTOWN REDEVELOPMENT
PROJECT AREA PLAN AMENDMENT-
EMINENT DOMAIN - REQUEST TO
SCHEDULE JOINT PUBLIC HEARING
ORlGlNAl
DATE: May 27, 2004
Svnonsis of Previous Commission/Council/Committee Action(s):
On January 24, 2000, the Community Development Commission authorized the Executive Director to prepare plan
amendments to reinstate eminent domain in the Central City North, Central City South, Central City East, Uptown and
Meadowbrook Project Areas.
On July I, 2002, the Mayor and Common Council adopted a resolution for the procedures for the formation and election
of a Project Area Committee for the proposed redevelopment plan amendment for the Uptown Project Area and calling
for the formation of a Project Area Committee (pAC).
On October 21, 2002, the Mayor and Common Council adopted a resolution modifying the scope of the proposed plan
amendment to reinstate eminent domain for all properties located within the Uptown Project Area.
On May 5, 2003, the Mayor and Common Council adopted a resolution acknowledging the results of an election of
Project Area Committee members and fmding that all applicable procedures were followed in the election of the Project .
. Area Committee for the ~!,?~_~ed~y~L~p.l!'.ent Project. ___._._
Recommended Motion(s):
(Communitv Develonment Commission)
MOTION A: A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF
SAN BERNARDINO SETTING THE JOINT PUBLIC HEARING DATE OF JULY 19, 2004 AT 4:00
P.M. WITH THE MAYOR AND COMMON COUNCIL TO CONSIDER THE AMENDMENT
REINSTATING CERTAIN EMINENT DOMAIN POWERS TO THE UPTOWN
REDEVELOPMENT PROJECT AREA AND CERTIFICATION OF THE ENVIRONMENTAL
IMPACT REPORT.
(Mavor and Common Council)
MOTION B: A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO SETTING THE JOINT PUBLIC HEARING DATE OF JULY 19, 2004 AT 4:00 P.M.
WITH THE COMMUNITY DEVELOPMENT COMMISSION TO CONSIDER THE AMENDMENT
REINSTATING CERTAIN EMINENT DOMAIN POWERS TO THE UPTOWN
REDEVELOPMENT PROJECT AREA AND CERTIFICATION OF THE ENVIRONMENTAL
IMPACT REPORT.
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Contact Person(s):
Gary Van OsdellMike Trout
Phone:
(909) 663-1044
1,2and7
Project Area(s)
Uptown
Ward(s):
Supporting Data Attached: ({I Staff Report ({I Resolution(s) 0 Agreement(s)/Contract(s) 0 Map(s) 0 Letters/Misc.
SIGNATURE:
Source:
N/A
FUNDING REQUIREMENTS
N/A
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~/Gary Osdel, Executive D' ector
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Commission/Council Notes:
12J.,-~" ~~It~____________
P:\Agendas\Conun Dcv Commission\CDC 2004\04-06-07 Uptown RPH SR.doc
COMMISSION MEETING AGENDA
Meeting Date: 06/07/2004
Agenda Item Number:
A::33
ECONOMIC DEVELOPMENT AGENCY
STAFF REPORT
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Uptown Redevelopment Proiect Area Plan Amendment - Eminent Domain
- Request to Schedule Joint Public Bearin!!:
BACKGROUND:
The Uptown Redevelopment Project Area was established on June 18, 1986 and encompasses 433
acres that are divided into two (2) Subareas. Subarea "A" has 349 acres and Subarea "B" has 84
acres. With the improving local economy, the Agency is seeing increasing development interest
within the project area. In recognition of this trend, it is important for the Agency to have a variety of
tools available to assist redevelopment. One of the most effective tools for redevelopment is the
power of eminent domain. However, the power of eminent domain in the Uptown Redevelopment
Project Area expired on June 18, 1998.
On January 24, 2000, the Mayor and Common Council authorized the initiation of an amendment to
the Uptown Redevelopment Project Area Plan to re-establish the power of eminent domain over only
those properties that are within non-residential land use districts in the General Plan or are currently
being used for non-residential purposes.
October 21, 2002, the Mayor and Common Council modified the scope of the proposed plan
amendment to reinstate eminent domain over all properties within the Uptown Project Area. The
proposed amendment would reinstate the power of eminent domain for a period of twelve (12) years.
Reinstating eminent domain in this project area and the Central City North Project Area has the
potential to result in direct physical changes in the environment by enabling the Mercado Santa Fe,
the San Bernardino Old Towne, and other expected projects to proceed. It is also reasonably
foreseeable that cumulatively significant impacts will result from the combined construction of
several smaller projects now in various stages of implementation. These include the widening of 1-
215, the construction of senior citizen housing projects, the construction of an elementary school and
other development projects. Due to the potential environmental and traffic impacts that may result
from these project area plan amendments a Program EIR is required as opposed to a Mitigated
Negative Declaration. The most notable environmental issues would likely be
transportation/circulation, air quality, and changes in land use.
On November 18, 2002, the Community Development Commission adopted a resolution authorizing
the execution of an agreement for professional services for the preparation of a Program
Environmental Impact Report (EIR) and related traffic study.
On March 26, 2003, Agency staff and the EIR consultant held a combined community scoping
meeting for both Uptown and Central City North project areas to receive input from the community
concerning possible alternatives and the development of the EIR. For the next several weeks Agency
staff and the EIR consultant worked together to develop the required alternatives in addition to the
principal project description.
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P:\Agendas\Comm Dev Commillsion\CDC 2004\04-06-07 Uptown RPH SR.doo
COMMISSION MEETING AGENDA
Meeting Date: 06/07/2004
Agenda Item Number: ~3 3
Economic Development Agency Staff Report
Uptown Redevelopment Project Area Plan Amendment
Page 2
A normal schedule for the effort would result in a completion and certification of the EIR in March or
April 2004. However, due to a turnover in personnel with the EIR consultant, the related traffic
studies that would accompany the EIR slipped past the initial deadline. This resulted in the
completion and certification schedule to be increased by four months.
CURRENT ISSUE:
Prior to holding a public hearing on the Uptown Project Area Amendment and Environmental Impact
Report, the Community Development Commission must formally schedule a joint public hearing with
the Mayor and Common Council. Staff recommends that the joint hearing be scheduled for July 19,
2004 at 4:00 p.m.
ENVIRONMENTAL IMPACT:
The activity of scheduling a public hearing is exempt from CEQA requirements.
FISCAL IMPACT:
Based on contracts entered into with consultants for this amendment, the costs will total $131,627.
Funds for this activity have been approved and budgeted.
RECOMMENDATION:
That the Community Development Commission and Mayor and Common Council adopt the attached
Resolutions.
P:\Agendas\Comm Dev Commission\CDC 2004\04.()6.07 Uptown RPH SR.doc
COMMISSION MEETING AGENDA
Meeting Date: 06/07/2004
Agenda Item Number: ;f 33
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RESOLUTI~~r
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A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO SETTING THE JOINT PUBLIC
HEARING DATE OF JULY 19, 2004 AT 4:00 P.M. WITH THE MAYOR
AND COMMON COUNCIL TO CONSIDER THE AMENDMENT
REINSTATING CERTAIN EMINENT DOMAIN POWERS TO THE
UPTOWN REDEVELOPMENT PROJECT AREA AND CERTIFICATION
OF THE ENVIRONMENTAL IMPACT REPORT.
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WHEREAS, the Mayor and Common Council have previously adopted Ordinance No.
MC-52?, dated June 18, 1986, which approved the Redevelopment Plan for the Uptown
Redevelopment Project (the "Redevelopment Plan") in accordance with the applicable
provisions of the Community Redevelopment Law (Health and Safety Code Section 33000 et
seQ.); and
WHEREAS, the Redevelopment Plan has subsequently been amended by Ordinance No.
MC-92?, dated December 20, 1994, and further amended by Ordinance No. MC-1161, dated
December 1,2003; and
WHEREAS, the Redevelopment Plan authorized the Redevelopment Agency of the City
of San Bernardino (the "Agency") to acquire property within the redevelopment project area of
the Uptown Redevelopment Project for community redevelopment purposes. by grant, donation,
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negotiated purchase or lease or by exercise of eminent domain, which power to acquire land by
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eminent domain however, lapsed in 1998 under applicable provisions of the Community
Redevelopment Law; and
WHEREAS, conditions of blight still persist in the redevelopment project area of the
Uptown Redevelopment Project, and the resources available to the Agency to implement the
Redevelopment Plan, as amended and eliminate and reduce the spread of blight from the
redevelopment project area will be enhanced and strengthened if the Agency's power to acquire
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05 property by exercise of eminent domain is restored; and
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WHEREAS, it is appropriate for the Community Development Commission of the City
of San Bernardino (the "Commission") as the governing board of the Agency to take certain
action as provided in this Resolution with respect to the implementation of appropriate action to
prevent and eliminate the spread of blight in the redevelopment project area of the Uptown
Redevelopment Project.
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NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND
ORDER, AS FOLLOWS:
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Section 1.
The recital paragraphs of this Resolution are true and correct.
The Community Development Commission acknowledges receipt of a
Section 2.
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Staff Report dated May 25, 2004, prepared by the Agency, which indicates that the restoration
of the power of the Agency to acquire property in the redevelopment project area of the Uptown
Redevelopment Project by exercise of eminent domain will foster and promote the elimination
and prevention of the spread of blight in the redevelopment project area.
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Section 3.
The Community Development Commission hereby finds and determines
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that the proposed amendment to the Redevelopment Plan, as amended, to restore the Agency's
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power to acquire property by eminent domain may result in the residential displacement of low-
income persons or household and in the residential displacement of any moderate-income
person or household. In view of this finding, the Community Development Commission hereby
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determines in accordance with Health and Safety Code Section 33385 that further consideration
of the proposed amendment to the Redevelopment Plan shall require the formation or
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consultation with a project area committee, as low- or moderate-income person or household
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may be displaced by any project which may be undertaken by the Agency on property hereafter
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acquired by eminent domain.
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Section 4.
The Community Development Commission hereby authorizes the draft
05 text amendment dated May 2004, the draft Report to Mayor and Common Council, dated May
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2004, and Environmental Impact Report, for release for public review and distribution to the
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taxing agencies and other interested parties. Copies of said draft documents are on file with the
3 Secretary of the Redevelopment Agency of the City of San Bernardino.
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Section 5.
The Community Development Commission hereby authorizes and
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consents to conducting a joint public hearing with the Mayor and Common Council of the City
of San Bernardino on July 19, 2004 at the hour of 4:00 p.m., or as soon thereafter as may be
practicable, for the purpose of considering an amendment to the Redevelopment Plan to
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reinstate the Agency's power to acquire property by exercise of eminent domain. The City
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Clerk, in cooperation with the Agency Secretary, is hereby authorized and directed to give
notice of the joint public hearing as hereby ordered in the form and manner required by the
California Community Redevelopment Law.
The Resolution shall become effective immediately upon its adoption.
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Section 6.
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P:IA2~.d.I\R_"doal\Resoludon.\2004~ UploWII CDC Reto A.dlK:
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A RESOLUTION OF THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF SAN BERNARDINO SETTING THE
JOINT PUBLIC HEARING DATE OF JULY 19,2004 AT 4:00 P.M. WITH
THE MAYOR AND COMMON COUNCIL TO CONSIDER THE
AMENDMENT REINSTATING CERTAIN EMINENT DOMAIN
POWERS TO THE UPTOWN REDEVELOPMENT PROJECT AREA
AND CERTIFICATION OF THE ENVIRONMENTAL IMPACT REPORT.
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
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Community Development Commission of the City of San Bernardino at a
meeting
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thereof, held on the day of
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Commission Members: Aves
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ESTRADA
10 LONGVILLE
11 MCGINNIS
12 DERRY
03 KELLEY
JOHNSON
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MC CAMMACK
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, 2004, by the following vote to wit:
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Navs
Abstain
Absent
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.. Secretary
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The foregoing resolution is hereby approved this
day of
,2004.
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By:
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Judith Valles, Chairperson
Community Development Commission
of the City of San Bernardino
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RESOLfJO~
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO SETTING THE JOINT PUBLIC HEARING
DATE OF JULY 19, 2004 AT 4:00 P.M. WITH THE COMMUNITY
DEVELOPMENT COMMISSION TO CONSIDER THE AMENDMENT
REINSTATING CERTAIN EMINENT DOMAIN POWERS TO THE
UPTOWN REDEVELOPMENT PROJECT AREA AND CERTIFICATION
OF THE ENVIRONMENTAL IMPACT REPORT.
WHEREAS, the Mayor and Common Council have previously adopted Ordinance No.
MC-527, dated June 18, 1986, which approved the Redevelopment Plan for the Uptown
Redevelopment Project (the "Redevelopment Plan") in accordance with the applicable
provisions of the Community Redevelopment Law (Health and Safety Code Section 33000 et
seQ.); and
WHEREAS, the Redevelopment Plan has subsequently been amended by Ordinance No.
MC-927, dated December 20, 1994, and further amended by Ordinance No. MC-1161, dated
December 1, 2003; and
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WHEREAS, the Redevelopment Plan as amended in 1986 authorized the
Redevelopment Agency of the City of San Bernardino (the "Agency") to acquire property
within the redevelopment project area of the Uptown 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, lapsed in 1998
under applicable provisions of the Community Redevelopment Law; and
WHEREAS, conditions of blight still persist in the redevelopment project area of the
Uptown Redevelopment Project, and the resources available to the Agency to implement the
Redevelopment Plan, as amended and elirriinate and reduce the spread of blight from the
redevelopment project area will be enhanced and strengthened if the Agency's power to acquire
property by exercise of eminent domain is restored; and
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((.33&
P;\AltDd..\Rnolullonl\RelolutionsU004\lM-06-:G7 Uptown MCC Rao B.doc
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WHEREAS, it is appropriate for the Mayor and Common Council of the City of San
Bernardino to take certain action as provided in this Resolution with respect to the
implementation of appropriate action to prevent and eliminate the spread of blight in the
redevelopment project area of the Uptown Redevelopment Project.
NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND ORDERED
BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, AS
FOLLOWS:
Section 1. The recital paragraphs of this Resolution are true and correct.
Section 2. The Mayor and Common Council acknowledge receipt of a Staff Report
dated May 25, 2004, prepared by the Agency, which indicates that the restoration of the power
of the Agency to acquire property in the redevelopment project area of the Uptown
Redevelopment Project by exercise of eminent domain will foster and promote the elimination
and prevention ofthe spread of blight in the redevelopment project area.
Section 3. The Mayor and Common Council hereby find and determine that the
proposed amendment to the Redevelopment Plan, as amended, to restore the Agency's power to
acquire property by eminent domain may result in the residential displacement of low-income
persons or household and in the residential displacement of any moderate-income person or
household. In view of this finding, the Mayor and Common Council hereby determine in
accordance with Health and Safety Code Section 33385 that further consideration of the
propos.ed amendment to the Redevelopment Plan shall require the formation or consultation
with a project area committee, as low- or moderate-income person or household may be
displaced by any project which may be undertaken by the Agency on property hereafter
acquired by eminent domain.
Section 4. The Mayor and Common Council hereby authorize the draft text
amendment dated May 2004, the draft Report to Mayor and Common Council, dated May 2004,
and Environmental Impact Report, for release for public review and distribution to the taxing
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agencies and other interested parties. Copies of said draft documents are on file with the
Secretary of the Redevelopment Agency of the City of San Bernardino.
Section 5. The Mayor and Common Council hereby authorize and consent to
conducting a joint public hearing with the Community Development Commission of the City of
San Bernardino on July 19, 2004 at the hour of 4:00 p.m., or as soon thereafter as may be
practicable, for the purpose of considering an amendment to the Redevelopment Plan to
reinstate the Agency's power to acquire property by exercise of eminent domain. The City
Clerk, in cooperation with the Agency Secretary, is hereby authorized and directed to give
notice of the joint public hearing as hereby ordered in the form and manner required by the
California Community Redevelopment Law.
Section 6. This Resolution shall take effect upon its adoption and execution in th
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A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO SETTING THE JOINT PUBLIC HEARING
DATE OF JULY 19, 2004 AT 4:00 P.M. WITH THE COMMUNITY
DEVELOPMENT COMMISSION TO CONSIDER THE AMENDMENT
REINSTATING CERTAIN EMINENT DOMAIN POWERS TO THE
UPTOWN REDEVELOPMENT PROJECT AREA AND CERTIFICATION
OF THE ENVIRONMENTAL IMPACT REPORT.
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6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
7 Common Council of the City of San Bernardino at a
meeting thereof, held on the
8 day of , 2004, by the following vote to wit:
9 Council Members: Aves Navs Abstain Absent
10 ESTRADA
11 LONGVILLE
MCGINNIS
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DERRY
0 13
KELLEY
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JOHNSON
15 MC CAMMACK
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Rachel G. Clark, City Clerk
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18 The foregoing resolution is hereby approved this
day of
,2004.
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Judith Valles, Mayor
City of San Bernardino
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Approved as to form and Legal Content:
By: ~?~~
(j-ity Attorney
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