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HomeMy WebLinkAboutR39-Economic Development Agency ECONOMIC DEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO FROM: Gary Van Osdel Executive Director SUBJECT: OR1GlNAL UPTOWN REDEVELOPMENT PROJECT AREA PLAN AMENDMENT- EMINENT DOMAIN - REINSTATEMENT OF EMINENT _Q.~TE~__~ugust 10, 2004 ______]>OM~_________________ Svnoosis of Previous CommissionlCouociVCommittee Action(s): On January 24, 2000, the Connnunity 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 1,2002, the Mayor and Connnon 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 Connnon Council adopted resolutions modifying the PAC procedures and 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 Connnon Council adopted a resolution acknowledging the results of an election of Project Area Committee members and rmding that all applicable procedures were followed in the election of the Project Area Committee for the Uptown Redevelopment Project. On June 7, 2004, the Connnunity Development Commission of the City of San Bernardino adopted a resolution setting a date and time, July 19, 2004 at 4:00 p.rn. for a public hearing to consider an amendment to reinstate the powers of eminent domain in the Uptown Redevelopment Project Area and Certification of the Environmental Impact Report. On June 7, 2004, the Mayor and Connnon Council of the City of San Bernardino adopted a resolution setting a date and time, July 19, 2004 at 4:00 p.rn. for a public hearing to consider an amendment to reinstate the powers of eminent domain in the Uptown Redevelopment Project Area and Certification of the Environmental Impact Report. On July 19, 2004, a Joint Public Hearing of the Mayor and Connnon Council of the City of San Bernardino was held to consider an Amendment to the Uptown Redevelopment Project Plan and Certification of the Environmental Impact _~!?EL- ___________________________________________________________ Recommended Motion(s): (Community Develooment CommissionlMavor and Common Council) Contact Person(s): Gary Van OsdeVMike Trout Uptown Phone: (909) 663-1044 1,2 and 7 Project Area(s) Ward(s): Supporting Data Attached: Ii"! Staff Report Ii"! Resolution(s) Ii"! Ordinance Ii"! Map(s) Ii"! Letters/Misc. FUNDING REQUIREMENTS Amount: $ N/A Source: N/A N/A SIGNATURE: get Authority: 1Z~:e c~/?oo1'd.s CfX'-1 2004 - 2" '2.CI"'\- 2.(., <; COMMISSION MEETING AGENDA Meeting Date: 08/16/2004 Agenda Item Nnmber: R.Jq P:\Agendas\Comrn Dev Conunission\CDC 2004\04-08-16 Uptown SR.doc THAT SAID RESOLUTIONS BE ADOPTED AND THAT SAID ORDINANCE BE LAID OVER FOR FINAL ADOPTION. MOTION A: RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AS A RESPONSffiLE AGENCY UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS, AND MAKING FINDINGS THAT A FINAL PROGRAM ENVIRONMENTAL IMPACT REPORT, AND THE MITIGATION MONITORING PLAN FOR THE REINSTATEMENT OF EMINENT DOMAIN POWERS IN THE REDEVELOPMENT PROJECT AREAS OF THE UPTOWN REDEVELOPMENT PROJECT AND THE CENTRAL CITY NORTH REDEVELOPMENT PROJECT FULLY AND ADEQUATELY ADDRESS THE POTENTIAL ENVIRONMENTAL EFFECTS OF THE APPROVAL BY THE COMMISSION OF SUCH REDEVELOPMENT PLAN AMENDMENTS. MOTION B: 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. MOTION C: RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ADOPTING WRITTEN RESPONSES TO WRITTEN AND ORAL OBJECTIONS TO THE AMENDMENT TO THE UPTOWN REDEVELOPMENT PROJECT PLAN. MOTION D: 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 -------------------------------------------------------- ----------- P:\AsCJldas\Comm Dev CommisSKln\CDC 2004\04-08-16 Uptown SR.doe COMMISSION MEETING AGENDA Meeting Date: 08/1612004 Agenda Item Nnmber: R 3 ~ ECONOMIC DEVELOPMENT AGENCY STAFF REPORT Uptown Redevelopment Proiect Area Plan Amendment- Eminent Domain - Reinstatement of Eminent Domain 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 "8" 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. On July I, 2002, the Mayor and Common Council approved and adopted the procedures to be used for the formation of a PAC for the Uptown Redevelopment Project Area and calling upon the citizens of the City to participate in the PAC. On July 15, 2002, mailers were sent to residents, businesses, organizations and property owners within the Uptown Redevelopment Project Area concerning the July 25, 2002 public workshop on the proposed amendment to the Uptown Redevelopment Project Area Plan. On July 25, 2002, Agency staff conducted a public information workshop to present the proposed amendment, explain the amendment process, and answer questions of the attendees. This workshop was announced by mailed notices to the property owners and site addresses in the Uptown Redevelopment Project Area. On August 27, 2002, mailers were sent to residents, businesses, organizations and property owners within the Uptown Redevelopment Project Area concerning the September 10, 2002 Project Area Committee election for the Uptown Redevelopment Project Area. On September 10, 2002, Agency staff conducted a PAC formation election for the purpose of creating a PAC from property owners, residences and business owners within the Uptown Project Area. However, the election did not take place due to the fact that there was not a sufficient nwnber ofP AC applications submitted. P:\Agendas\Comm Dev CornmisJion\CDC 2004\04-0&-16 Uptown SR.OOc COMMISSION MEETING AGENDA Meeting Date: 08/1612004 Agenda Item Nnmber: ~ Economic Development Agency Staff Report Uptown Redevelopment Project Area Plan Amendment Page 2 October 21,2002, the Mayor and Common Council modified the PAC procedures and 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 December 10, 2002, mailers were sent to residents, businesses, organizations and property owners within the Uptown Redevelopment Project Area concerning the December 18, 2002 community meeting concerning the Initial Study and input concerning the scope of the Environmental Impact Report for the Uptown Redevelopment Project Area. On December 18, 2002, Agency staff conducted a combined Uptown and Central City North Redevelopment Project Area community meeting to introduce the environmental consultant and to provide draft copies of the Initial Study which stated that since the proposed project may have a significant effect on the environment, a environmental impact report was required. On February 10, 2003, mailers were sent to residents, businesses, organizations and property owners within the Uptown Redevelopment Project Area concerning the February 20, 2003 PAC information meeting and the April I, 2003 Project Area Committee election for the Uptown Redevelopment Proj ect Area On February 20, 2003, Agency staff conducted another PAC formation meeting to discuss the need and importance of the PAC. Those attending this meeting were encouraged to participate and were given PAC applications to fill out. On March 12, 2003, mailers were sent to residents, businesses, organizations and property owners within the Uptown Redevelopment Project Area concerning the March 26, 2003 scoping meeting for the Environmental Impact Report for the Uptown Redevelopment Project Area informing the community of the scope of the Environmental Impact Report and take comments from the public. P:\Agcndall\Conun Dcv CommiIIsion\CDC 2004\04-0&-16 Uptown SR.doc COMMISSION MEETING AGENDA Meeting Date: 08/16/2004 Agenda Item Number: tt Economic Development Agency Staff Report Uptown Redevelopment Project Area Plan Amendment Page 3 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. A normal schedule for the effort would result in 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. On April 1, 2003, Agency staff conducted the PAC formation election in which six (6) individuals were elected thereby forming a PAC for the Uptown Redevelopment Project Area. The election was over seen by the City Clerk's Office. Subsequently, the Mayor and Common Council adopted a resolution, on May 5, 2003, acknowledging the results of the Uptown PAC election. Though a PAC had been elected, the PAC held no meetings since there were no preliminary documents concerning the proposed text amendment or the Draft EIR for review. However, once these documents were available for review PAC meetings began in March 2004 to discuss the text amendment to the Uptown Redevelopment Project Area Plan, the Initial Study and the Draft EIR. On July 6, 2004, Uptown PAC voted to recommend to the Mayor and Common Council and the Community Development Commission to adopt the 2004 Amendment to the Uptown Redevelopment Project Area Plan reinstating eminent domain within the Uptown Redevelopment Project. On July 19, 2004, the Mayor and Common Council and the Community Development Commission of the City of San Bernardino held a Joint Public Hearing in which these were written and oral objections received concerning the adoption of an Amendment to the Uptown Redevelopment Project Plan. The public hearing was closed and the items were continued to August 16,2004 to provide staff sufficient time to prepare written responses as required by the California Redevelopment Law ("CRL"). The Uptown Redevelopment Project was adopted in 1986. Conditions of blight which existed at the time of adoption of the Redevelopment Plan were extensive and substantial. The Redevelopment Project Area of the Uptown Redevelopment Project (the "Project Area") remains blighted today. One tool which the Agency may use to address conditions of blight in appropriate situations - the exercise of eminent domain - lapsed in the Project Area in 1998. The proposed Amendment to the Redevelopment Plan will reinstate the power of the Agency to acquire land by eminent domain for twelve (12) years. The Project Area includes deteriorated commercial frontage lots abutting either side of several principal streets in the center of the City. Comparatively little residential use property is in included in the Project Area although it estimated that more than 2,000 individuals may reside in the Project Area. In an older commercial area such as the Project Area where small substandard lot sizes are so P:\Agendas\Comm Dcv Commission\CDC 2004\04-08-16 Uptown SRdoe COMMISSION MEETING AGENDA Meeting Date: 08/16/2004 Agenda Item Nnmber: ~ Economic Development Agency Staff Report Uptown Redevelopment Project Area Plan Amendment Page 4 prevalent, an important element of an effective program to address actual conditions of blight is the ability to assemble small parcels of land under separate ownerships into useable sites under current- day standards. The reinstatement of the condemnation power for the Agency is believed to be an important factor in addressing conditions of blight which remain in the Project Area. As long as the ability of the Agency to acquire land for specific redevelopment activities is limited to negotiated purchase, grant, exchange or other voluntary forms of sale, the potential for sustained and large-scale redevelopment of the property in the Project Area involving multiple parcels ofland is limited. This is especially so when existing owners and other persons who are prepared to invest new capital in the community cannot expand or acquire land of adequate size and shape for development and use under current City standards. The evidence of blight in the Project Area is readily apparent to anyone who drives along its principal streets. One striking factor of the Project Area is the relative absence of any visible new construction or rehabilitation activity. Since the time of adoption of the Redevelopment Plan in 1986 little in the way of new improvements of rehabilitation has occurred and nearly one fourth (V.) of the individual lots in the Project Area are currently vacant. Many of these currently vacant lots were formerly improved with structures which over the years became so dilapidated and substandard, the owners were compelled to remove them. The proposed 2004 Amendment to the Redevelopment Plan is limited to the reinstatement of the Agency's power of eminent domain. No other changes to the Redevelopment Plan and in particular no changes to the financial provisions of the Redevelopment Plan are proposed. The Agency's power to acquire property by eminent domain expired in 1998. In general, the Agency has used the power of eminent domain in the past in its redevelopment project areas only in a few exceptional circumstances and for specific redevelopment project activities. The Agency has not acquired any property in the Project Area by eminent domain at any time since its adoption in 1986. Over the years, a vast majority of the land which the Agency has acquired in its various redevelopment project areas has been acquired by negotiated purchase. Since 1986, the Agency has acquired certain property in the Project Area by negotiated purchase but at this time, the Agency has not been able to assemble enough land by negotiated purchase for an effective redevelopment activity involving multiple parcels of land to deal with conditions of blight on a large scale. Under current circumstances, without eminent domain authority the Agency cannot plan for or assume that all of land which is necessary for a specific redevelopment activity will be available to the Agency under a negotiated purchase arrangement. In such a situation, the Agency cannot make realistic and feasible plans to assist owners or third parties who are prepared to eliminate blight under specific and enforceable terms involving multiple parcels ofland, since the otherwise available land is not useable or new development is not economically feasible without additional land to solve specific conditions of blight. Without the reinstatement of the power of eminent domain, the range of the Agency's ability to foster redevelopment in the Project Area is greatly reduced. The California Redevelopment Law ("CRL") authorizes an Agency to reinstate the power of eminent domain after it has lapsed in a Redevelopment Project Area, if the Agency finds that conditions of blight still persist in the Redevelopment Project Area. Accordingly, the Agency has previously COMMISSION MEETING AGENDA Meeting Date: 08/16/2004 Agenda Item Number: IJ 1 P:\Agendas\Comm Dev Commission\CDC 2004\04-0&-16 Upcown SR.OOe Economic Development Agency Staff Report Uptown Redevelopment Project Area Plan Amendment Page 5 initiated certain actions to consider the adoption of the Amendment to the Redevelopment Plan for the Uptown Redevelopment Project which reinstates the power of eminent domain for a twelve (12) year period of time. Section 33352 of the Community Redevelopment Law ("CRL") states that when the Agency submits an amendment to the redevelopment plan to the Mayor and Common Council ("Council") for adoption, the Agency must also submit a report entitled the Report to Mayor and Common Council ("Report"). For a redevelopment plan amendment, the contents of the Report are only those,portions warranted by the proposed amendment. The purpose of this Report is to provide, in one document, all information, documentation, and evidence regarding'the 2004 Amendment to assist the Council in its consideration and in making various findings and determinations that are legally required to adopt the 2004 Amendment. This report to the Council has been prepared in accordance with all requirements of Section 33457.1 and 33352 of the CRL. The Section 33352 Report to the Council; the resolution of the Community Development Commission dealing with the E1R; the resolution of the Community Development Commission dealing with the Section 33352 Report to the Mayor and Common Council; and the ordinances of the Council adopting an Amendment to the Project Area Plan were previously transmitted to the Council and Community Development Commission in the "Black Binder" provided at the Joint Public Hearing on July 19, 2004. CURRENT ISSUE: On July 19, 2004, the Council and the Community Development Commission of the City of San Bernardino held a legally noticed joint public hearing on the proposed adoption of an Amendment to the Uptown Redevelopment Project Area Plan, the Amended and Restated Plan for the Central City North Project Area, the Program Enviromnental hnpact Report, and other entitlements. The public testimony portion of the joint public hearing was opened, oral and written testimony was received and the public testimony session was closed. The joint meeting of Common Council and the Commission was then continued to August 16, 2004 to consider written and oral objections to the adoption of an Amendment to the Project Area Plan. Section 33367 of the CRL requires that before considering an adoption of an amendment to a redevelopment plan, the legislative body, the Common Council, shall evaluate all evidence and testimony, both for and against the adoption of the amendment to the redevelopment plan, and make written findings in response to each written objection of an affected property owner or taxing entity. Attached to this staff report is Exhibit A "Written Responses and Findings to Written and Oral Objections". This Written Response and Finding is organized into two (2) parts. Part I contains the written response and fmdings of the Council with respect to the written objections of interested persons as presented prior to or at the time of the joint public hearings. Although the CRL does not require the Council to consider or prepare a written response and finding with respect to oral objections to a proposed amendment to a redevelopment plan, nevertheless and without waiving the power of the Council to overrule an oral objection without first making a written response and approving certain findings in support of overruling such an oral objection, a set of written responses P:\ApndaI\Con'm Dev Commission\COC 2004\04-08-16 UptOwn S1tdoc COMMISSION MEETING AGENDA Meeting Date: 08/1612004 Agenda Item Number: ~ 9 Economic Development Agency Staff Report Uptown Redevelopment Project Area Plan Amendment Page 6 and findings regarding the oral objections has also been prepared. Accordingly, Part II of the Written Response and Findings contains a written response and fmding of the Council with respect to each of the oral objections presented at the time of the joint public hearings on July 19, 2004. In Part I the text of each of the three (3) written objections is presented followed by a written response and finding of the Council as relates to the written objection. It should be noted that no affected taxing entity submitted any objection to the proposed redevelopment plan amendments. Part II is set up differently, as it deals with oral testimony and objections. A written response and finding of the Council is presented for each ofthe twelve (12) oral objections submitted. Also included are four (4) attachments. Attachment No.1 is a verbatim transcription of the oral testimony of each of the twelve (12) individuals who presented oral. Attachment No.2 is a copy of all of the "speaker slips" submitted by interested persons to the City Clerk at the time of the joint public hearings on July 19, 2004. Attachment No.3 is a summary of mailed notice contact information for those persons submitting speaker slips at the Joint Public Hearing. Attachment No.4 is redevelopment agency property acquisition relocation polices and guidelines and responses to frequently asked questions regarding property acquisition and relocation. By adopting the attached resolutions of the Community Development Commission, the Commission will be adopting the Environmental Impact Report; the 33352 Report and the proposed eminent domain amendment and authorize Agency staff to transmit the Report to the Council and 2004 Amendment to the Project Area Plan to the Council. By adopting the attached resolution, the Council will adopt the written responses to written and oral objections to the Amendment of the Project Area Plan. ENVIRONMENTAL IMPACT: The Agency and the City of San Bernardino retained Lilbum Corporation to prepare an Initial Study to determine potential impacts related to the reinstatement of eminent domain and other entitlement actions. At their meeting of February 5, 2004 the Development/Environmental Review Committee (D/ERC) reviewed the Initial Study prepared for the Central City North and Uptown Redevelopment Project Area Plans, and other entitlement actions. The D/ERC concurred that the Initial Study adequately addressed the issues and determined that a Program Environmental Impact Report (EIR) would be required. The Agency and the City retained LSA Associates to prepare the EIR. The Notice of Preparation was published in the San Bernardino County Sun and public agencies. The public review period for the Notice of Preparation was February 17, 2004 through March 17,2004. Upon completion of the Draft Program EIR, the Notice of Completion was published in the San Bernardino County Sun. The Draft Program EIR was made available for public review at the City of San Bernardino Development Services Department, the Feldheym Central Library, and the City of COMMISSION MEETING AGENDA Meeting Date: 08/16/2004 Agenda Item Number: JfJ.3 q P:\Agendas\Conun Dcv Commission\CDC 2004\04-08-16 Uptown SR.doc Economic Development Agency Staff Report Uptown Redevelopment Project Area Plan Amendment Page 7 San Bernardino web site. It was also distributed to public agencies and made available to the D/ERC, Planning Commission, and Mayor and Common Council. The public review period was April 8, 2004 through May 29, 2004. Comments were received from four agencies and are included in the Final Program EIR along with staff responses. As analyzed in the Draft Program EIR, the impacts that cannot be mitigated to a level of less than significant with mitigation measures are certain air quality and traffic impact related to the development of the Mercado Santa Fe project. There are no significant impacts related to the reinstatement of eminent domain. There are potential for impacts from future development within the proposed General Plan Amendment area. Those impacts cannot be specifically identified or quantified until such time as an actual development project is proposed. However, it is likely that development of this area will result in impacts similar to those related to the proposed development of the Mercado Santa Fe project. FISCAL IMPACT: Based on contracts entered into with consultants for this amendment, the costs will total $131,627. Funds for this activity have been budgeted and approved. RECOMMENDATION: That the Community Development Commission and Mayor and Common Council adopt Motion A, B, C, and D. /t Gary V?OSdel, Executive rector EXHIBIT: A. Written Responses and Findings to Written and Oral Objections COMMISSION MEETING AGENDA Meeting Date: 08/16/2004 Agenda Item Number: ,fJ q p:\Agendas\Comm Dev Commission\COC 2004\04-08-16 Uptown SR.doe L ..___J '--J[--- L-_ L-.__ - _=.=1 rno [:==J I ---- W' I-olE 11 I [-I L_~E:31 .--J C--rE31 [J-JrV -- I r I I , - ....... 111111 l::n.:. SUBAREA "A" SUBAREA "B" ....... ~ w__ Uptown Redevelopment Project Area .~~ft Her-n.m1ino. Califolllia Figure 2 o EXHIBIT" A" WRITTEN RESPONSES AND FINDINGS TO WRITTEN AND ORAL OBJECTIONS RECEIVED PRIOR TO OR AT THE JULY 19,2004 JOINT PUBLIC HEARINGS FOR THE AMENDED & RESTATED REDEVELOPMENT PLAN FOR THE CENTRAL CITY NORTH PROJECT AREA AND THE AMENDMENT TO THE UPTOWN REDEVELOPMENT PROJECT AREA PLAN AND THE o SECTION 33352 BLIGHT REPORTS TO THE MAYOR AND COMMON COUNCIL FOR THE CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA AND THE UPTOWN REDEVELOPMENT PROJECT AREA Introduction: On July 19, 2004, the Mayor and Common Council ("Council") and the Community Development Commission ("Commission") of the City of San Bernardino conducted two (2) joint public hearings. The first joint public hearing considered the proposed adoption of an amendment to the Redevelopment Plan for the Uptown Redevelopment Project. The second joint public hearing considered the adoption of an Amended and Restated Redevelopment Plan for the Central City North Project. The Council and the Commission also considered the certification of a Final Program Enviromnental Impact Report (the "Program EIR") during the joint public hearings as part of the redevelopment plan amendment process. In addition, the Council also conducted a public hearing to consider an amendment to the City's General Plan (General Plan Amendment No. 04-02), which affects a small portion of the Uptown Project Area. c The two (2) redevelopment plans provide the Agency with the power and authority to undertake certain types of redevelopment programs to eliminate blight within the boundaries of specific areas - referred to in this Response as the "Project Areas." As a general rule, the Agency does not function outside of a redevelopment project area and 48204987-5456.1 I CJ the Agency cannot acquire land outside of a redevelopment project area except in certain limited situations. The Redevelopment Agency can only acquire property by eminent domain if the property is located in a redevelopment project area. The main purpose of both of the two (2) redevelopment plan amendments is the same; namely to reinstate the power of the Redevelopment Agency of the City of San Bernardino (the "Agency") to acquire land by eminent domain in the Uptown Project Area and in the Central City North Project Area. Although the Agency may purchase any property if it is for sale, the Agency's power to acquire property by eminent domain in both Project Areas lapsed in 1998. The Agency can only acquire property by eminent domain in a redevelopment project area which displays symptoms of blight for a twelve (12) year period of time following the adoption of the redevelopment plan. However, the Agency may reinstate the power of eminent domain after such a twelve (12) year time limit, if blighted conditions persist in a redevelopment project area and if the exercise of eminent domain may be a useful tool to prevent and eliminate the spread of such blight. o General Plan Amendment No. 04-02 affects a portion of the redevelopment project area of the Uptown Redevelopment Project referred to as "Uptown Subarea B." General Plan Amendment No. 04-02 proposes to change the land use designation for approximately 22 acres of Uptown Subarea B, from the current "Industrial" use designation, to a new land use designation of commercial and office professional land use. Single family dwelling units which lawfully existed as of 1991 in the area affected by General Plan Amendment No. 04-02 are permitted in an "Industrial" General Plan/zone use area. Likewise, single family dwelling units which lawfully existed as of 1991 are also permitted in a "Commercial/Office Professional" General Plan/zone use classification. The public hearing testimony portion of the Council's consideration of the General Plan Amendment No. 04-02 and the Council's and the Commission's consideration of the redevelopment plan amendments was conducted concurrently. Oral and written testimony was received and the public testimony sessions were closed for all three (3) of these related public hearings on July 19,2004. The joint public meetings of the Council and the Commission were then continued to August 16, 2004 to consider the written and oral objections submitted by interested person during the joint public hearings to the adoption of the two (2) redevelopment plan amendments. c Health and Safety Code Section 33367 requires that before considering the adoption of an amendment to a redevelopment plan, the legislative body (in this case the Council) shall evaluate all evidence and testimony, both for and against the adoption of the amendment to the redevelopment plan, and make written findings in response to each written objection submitted by affected property owners or taxing entities. In this document, the reference to "CRL" means and refers to the California Redevelopment Law. The CRL is found at Health and Safety Code Section 33000 et seq. Health and Safety Code Section 33367 is part of the CRL. 48204987.5456.1 2 This Written Response and Finding is organized into two (2) parts. Part I contains the written response and findings of the Council with respect to the written objections of interested persons as presented prior to or at the time of the joint public hearings. Although the CRL does not require the Council to consider or prepare a written response and finding with respect to oral objections to a proposed amendment to a redevelopment plan, nevertheless and without waiving the power of the Council to overrule an oral objection without first making a written response and approving certain findings in support of overruling such an oral objection, a set of written responses and findings regarding the oral objections has also been prepared. Accordingly, Part II of the Written Response and Findings contains a written response and finding of the Council with respect to each of the oral objections presented at the time of the joint public hearings on July 19, 2004. In Part I the text of each of the three (3) written objections is presented followed by a written response and finding of the Council as relates to the written objection. It should be noted that no affected taxing entity submitted any objection to the proposed redevelopment plan amendments. Part II is set up differently, as it deals with oral testimony and objections. A written response and finding of the Council is presented for each of the twelve (12) oral objections submitted. Also included are four (4) attachments. Attachment No.1 is a verbatim transcription of the oral testimony of each of the twelve (12) individuals who presented oral. Attachment No.2 is a copy of all of the "speaker slips" submitted by interested persons to the City Clerk at the time of the joint public hearings on July 19, 2004. Attachment No. 3 is a summary of mailed notice contact information for all persons submitting speaker slips at the Joint Public Hearing. Attachment No.4 is redevelopment agency property acquisition relocation polices and guidelines and responses to frequently asked questions regarding property acquisition and relocation. . Attachment No. I Transcript of Oral Testimony Attachment No.2 Speaker Slips of All Persons Who Presented Oral Testimony Attachment No.3 Joint Public Hearing Mailed Notice Contact Information For All Persons Submitting Oral Testimony Attachment No.4 Redevelopment Agency Property Acquisition and Relocation Polices and Guidelines and Responses to Frequently Asked Questions Regarding Property Acquisition and Relocation 4820-4987-5456.1 3 July 17, 2004 Mayor and City COundl Members 300 North D street San Bernardino, Ca. 92418 . ""( ~\ i!\<\\ ~tt~\'.J~D-C\ I "~' '04 J\l 19 p 2 :20 ; ~.. Deanna H.P. Adams, Ph.D. 1156 North F street . San Bernardino, Ca. 92410 909-884-6105 . Re: . Objection to Eminent Domain for the Central City North Redevelopment project. Dear Mayor and City COundl Members: . This letter is an objection to the Eminent Domain Central City North Redevelopment project. The City of San Bernardino has targeted our area for Eminent Domain in order to acquire our property and business and disPlace us from the place we live, own, and earn our livelihood. I . believe Eminent Domain is an Injustice forced upon the free enterprise nature to the COnstitution. Thus, Eminent Domain is Interfering with the process of free enterprise and democracy. Tlte only appropriate manner Eminent Domain maybe viewed democratically if the voters agree to such act. I.have been a dtizen of San Bernardino for 20 years leaving an affluent. and desirable area to make a difference in the environment. 1.8Ift attracted peoples from all our neighboring dtles to Victory Chapel (1156 North F. st.) Our chapel is the beacon of the neighborhood, and despite of the low income I receive from the ministry I have been faithful and established "Good Will". I believe the "Good Will" of Victory Chapel was significant to sooththenegadve energy and hardness in the environment and changes for 20 years. Despite of "Blight" Victory Chapel is an example of free enterprise, vision, and Good-Will. Now, the City of San Bernardino has increased Reai Estate values in excess of 57% and the population haS grown in excess of 37% since 4b{23 ;t 1,9-0 CI 1999. These are Indkato~ of prosperity not blight. The population lP'Owth and Real EState boom should help get rid of bUght In ~I: area. ThIs positive change Is the r~ltof dedication, goodwIl, and,a"", desire to make a difference to our beloved Cfty of San Bernardino. ' . . '. '. Ilook fOlWard to harvesdllJ from seeds ~wn for 20 years, and since things are looking up in the futUre for San Bernardino I would I~e to partake In her prosperity. . The future Is. bright not bUght and I seek the terminadon of Eminent Domain for the Central Qty North Enter:prlse project. ,The people should be inspired toenpge free enter:prlse and sdmulate lP'Owth for profit and/or ,ood-wiI.The dty has shown little effort to sdmulate and ,ensase free enter:prise In this area. . Also, I did ootrecelve the letter I~ the mall. I COfttaicted the Redevelopment department and ask to have the letter sent~ Our Vietnamese nelghbon(a church) did not undentand the letter and our Spanish nelghbon (a church) could not find a inter:preter. We are a meldng pot of relislons, cultures, languages, and need clarity and simplidty in addressing Issues regarding the essence of their lives. Thank you. Sincerely, ,-" ~~~ " ----. Rev. Deanna H.P. .Adams, Ph.D. PART ONE - WRITTEN OBJECTIONS SUBMITTED PRIOR TO OR DURING THE JOINT PUBLIC HEARINGS Written Response and Finding To Written Objection Presented by Deanna Adams As an initial matter, the Agency staff notes that Ms. Deanna H. P. Adam's written objection is labeled as an objection to the Amended and Restated Redevelopment Plan for the Central City North Redevelopment Project. However, the property which Ms. Adams refers to in her objection as "Victory Chapel" (1156 North "F" Street) is in fact located in the redevelopment project area of the Uptown Redevelopment Project. fu addition, the joint public hearing notice records of the Agency indicate that Helena Petrovna 1174 Kotenberg, San Jose, California is the "owner" of the property located at 1156 North "F" Street, based on the most current property tax assessor records of the County of San Bemardino. The Agency staff has learned since the July 19, 2004, joint public hearing that Deanna Adams is the owner of the property at 1174 Kotenberg, San Jose, California, and that the initial "H" in Ms. Adams' narne refer to "Helen" or "Helena" and that the initial "P" in Ms. Adam's name refers to Petrovna (See joint public hearing notice mailing notes in Attachment No. 3). Accordingly, this Written Response and Finding assumes that Ms. Adams is the owner of the property and treats the written objection of Ms. Adams as an objection to both the amendment to the Redevelopment Plan for the Uptown Redevelopment Project and the Amended and Restated Redevelopment Plan for the Central City North Redevelopment Project. The written objection of Ms. Adams appears to present three (3) main themes. Ms. Adams expresses a general objection to the exercise of eminent domain by the Agency to eliminate blight in the Project Area. Ms. Adams also appears to challenge the existence of blight in the Project Area. Finally, Ms. Adams contends that inadequate notice or no notice was provided to her by the City or the Agency regarding the two (2) redevelopment plan amendments. Response Rel!ardinl! Eminent Domain Issue: The .approval of the amendment to the Redevelopment Plan for the Uptown Redevelopment Project and the amended and restated redevelopment plan for the Central City North Redevelopment Project will reinstate the Agency's power of eminent domain which expired in both Project Areas in 1998. At the present time, the Agency has no plans to acquire the property at 1156 North "F" Street, nor does the Agency have any plans to acquire any land in the immediate vicinity of 1156 North "F" Street. The Victory Chapel is located just to the south of Baseline Avenue along a street where several other small churches have clustered together. fu between these churches there is an isolated single family home and a commercial/industrial businesses and vacant lots. Multifamily dwellings and other 48204987-5456.1 4 vacant parcels are located to the south of the Victory Chapel along "F" Street as the neighborhood transitions into a more uniform and compatible residential area. The residential neighborhood to the south of Victory Chapel and the cluster of other small churches is for most part outside of the Uptown Project Area. The Agency has no power to acquire land outside of the Uptown Project Area by eminent domain and so none of the property in the residential neighborhood to the south of the Victory Chapel could ever be acquired by the Agency by eminent domain. The Agency views the reinstatement of the power of eminent domain in the Project Areas as an important tool to address the conditions of blight. Like the section of "F" Street on which Victory Chapel and the other nearby small community churches are located, other areas of the Uptown Project Area display similar land use incompatibilities - isolated single faruily homes, such as the dwelling located at 1129 North "F" Street situated between non-residential land uses. The outdoor off-premise highway billboard sign on the adjacent vacant lot next door to the Victory Chapel on the south, further illustrates just one of many examples of incompatible land uses which are documented in the Section 33352 Reports for both the Uptown Project Area and the Central City North Proj ect Area. Eminent domain, often called "condemnation," is the right, authority, or the power of local government to acquire private property for public use after all efforts to negotiate a purchase have failed. Payment by the local govermnent agency for the acquisition of the property must be equal to fair market value, also known as 'Just compensation." If just compensation is paid to the owner, the Fifth and Fourteenth Amendments of the United States Constitution, authorize the use of eminent domain by local government to acquire private property for public purposes including for the purpose of community redevelopment. In addition, the United States Supreme Court has approved the use of eminent domain by redevelopment agencies to eliminate and prevent the spread of blight as part of neighborhood revitalization efforts. (Bremen v. Parker (1954) 348 U.S. 26 and in Hawaii Housing Authority v. Midkiff (1984) 467 U.S. 229). In this context, the CRL specifically provides for the exercise of eminent domain for the purposes of redevelopment and in addition to the requirement that just compensation must be paid for any property acquired by eminent domain, the State has enacted a series of specific additional protections for private property owners under the California Eminent Domain Law (Code of Civil Procedure Section 1230 et seq.). The Agency believes that the use of eminent domain in the Project Areas may be particularly effective to assist existing businesses and property owners in appropriate situations to acquire underutilized, vacant or blighted adjacent lands so that these existing businesses and property owners can expand their businesses, eliminate blighting conditions on nearby lands, and make capital investment in the improvement and rehabilitation of their property economically feasible. If the Agency cannot provide such land acquisition assistance to property owners who are prepared to make an investment in dealing with conditions of blight, then the ability of the Agency to effectively eliminate and prevent the spread of blight in each Project Area will be reduced. 482ll-4987-5456.1 5 In Attachment No.4 to the Written Response and Findings, the Agency presents several illustrations of the different procedures to be followed if the Agency may undertake the acquisition of property by eminent domain or by negotiated purchase in either of the Project Areas in the future. It should be emphasized that since the time when the Uptown Redevelopment Plan was adopted in 1986, the Agency has not used its condemnation power to acquire any property in the Uptown Project Area. In the case of the Central City North Redevelopment Project, the Agency has used its condenmation prior to 1998 in only limited cases and then only to acquire land located to the south of Fifth Street. Residential displacement has historically been kept to a minimum in both Project Areas. The historical record shows that the Agency has used the power of eminent domain only rarely in the past in these Project Areas. The current land acquisition policy of the Agency as summarized in Attachment No.4, provides for eminent domain power to be considered only when all other reasonable avenues of negotiated purchase or property have not been successful. The adoption of the amendments to the redevelopment plans in this instance does not constitute a taking of anyone's property as the redevelopment plan amendments do not authorize the acquisition of any property. Instead, the Agency retains the discretion, in an appropriate situation, where the elimination of blight can be accomplished by specific improvements to property, to use the power of eminent domain to accomplish those specific improvements. ReSDonse Re2ardinl!: Blil!:ht: The Section 33352 Reports for both redevelopment plan amendments contains ample evidence of the existence, at the present time, of blight in the Project Areas. Ms. Adams makes reference in her objection to rising property values in the City of San Bemardino as evidence that blight does not exist in the Project Areas. While property values may be rising in the City - - particularly in recent years - - the evidence contained in both Section 33352 Reports indicate that increases in assessed property values in both Project Areas have been substantially less in recent years than for the City as a whole. In the case of the Uptown Redevelopment Project, Table B-6 in the Uptown 33352 Report shows that between tax year 1998-99 and tax year 2002-03, assessed property tax"values City-wide increased at a rate of 1.79% per year, while in the Uptown Project Area over the same period the rate of increase of assessed values of property was 1.37%. In other words, this rate of increase of assessed values of property in the Uptown Project Area was approximately 25% less than the City as a whole. This difference conceals the fact that in much of the Uptown Project Area assessed property values for this period actually decreased. These results are also shown as Table B-6 of the Section 33352 Report for the Uptown Project Area. The annual rate of increase of assessed property values was much worse in the Central City North Project Area for the same period of time. (See Table B-2 Section 33352 Report for Central City North: 0.69% rate of annual income in assessed value for the Central City North Project as compared to 1.76% for the City as a whole). The sluggish performance of assessed property tax values in the two (2) redevelopment Project Areas is only one of several indicators of the continued existence of blight in each of the Project Areas. It should also be pointed out that since 1998, the eminent domain 4820-4987-5456.1 6 power of the Agency in both Project Areas has lapsed. Therefore the potential threat of Agency condemnation (which somehow serves to depress property values) cannot be the reason why the increase in assessed property tax valuations in these Project Areas has not kept up with City-wide increases in assessed values since 1998. Response Ree:ardine: Lack of Notice of the Joint Public Hearine: (Uptown Redevelopment Plan Amendment): Ms. Adams asserts that she did not receive notice of the joint public hearing. The Victory Chapel property is located in the Uptown Project Area. The notice of the joint public hearing for the Uptown Project Area redevelopment plan amendment was published in the manner required by law prior to the time of the joint public hearing (See Exhibit "2- 1" entered into the record at the time of the joint public hearing). The mailing records of the Agency as relating to the mailed notice given prior to the joint public hearing for the Uptown Project Area indicate the following for Ms. Adams and the property located at 1156 North "F" Street: to the owner of record, a written notice was sent by United States First Class Mail to Helen Petrovna at 1174 Kotenberg, San Jose, CA 91525. This notice was return to the Agency as "forward order expired." The Agency staff is informed that Deanua Adams is owner of record of the property located at 1174 Kotenberg, San Jose, California. The property tax records of the County of San Bernardino indicate that the property tax payee, Helen Petrovna resides at 1174 Kotenberg, San Jose, California; and to the "Occupant" of 1156 North "F" Street, San Bernardino, California, a written notice was sent by United States First Class Mail, addressed to the "Occupant." This notice to "Occupant" was not returned to the Agency. (See Attachment No. 3). Additionally, on June 29, 2004, in the telephone contact records of the Agency Staff indicate that Ms. Adams spoke with Agency staff (Mr. Mike Trout) and that she identified herself as owning a business and property located at 1156 North "F" Street. She stated that a neighbor had received a notice of the joint public hearing but that she had not and Ms. Adams requested that another notice be mailed to her. Agency staff complied with her request and on June 29, 2004, a separate and additional notice of the joint public hearing for the Uptown Redevelopment Plan amendment was sent to Ms. Adams by United States First Class Mail at 1156 North "F" Street, San Bernardino, CA 92410. Findine:: Based on the response set forth above, testimony received at the joint public hearings from Agency Staff, Redevelopment Consultant, Agency Counsel, and other evidence contained in the Section 33352 Reports for the Uptown Project Area and the Central City North Project Area and the record before the Council and this Written Repose and 4820-4987-5456.\ 7 Finding, the Council hereby finds that all redevelopment activities of the Agency will adhere to all applicable laws, including the CRL. The information set forth in the Section 33352 Reports for the Uptown Project Area and the Central City North Project Area demonstrates that conditions of blight remain in each Project Area and that the reinstatement of the Agency's eminent domain power in each Project Area is warranted at this time. The Council finds that the Agency has no current plan to acquire the pro~rty located at 1156 "F' Street by negotiated purchase or with the use of eminent domain. However, the Agency may have the necessity to acquire such property in the future, after further notice has first been given to the property owner to facilitate the redevelopment of the Uptown Project Area. If the Agency may in the future undertake the acquisition of any property in the Project Area, each affected property owner, or displaced business, tenant or resident on any land which the Agency may hereafter seek to acquire by negotiated purchase or by condenmation will be entitled to relocation benefits, and the property owner will be entitled to receive fair market value for the property as provided for by the CRL and all applicable law. The Council also notes that both Redevelopment Plans and the Owner Participation Rules under each Redevelopment Plan provide procedures and protections for property owners and business tenants who are interested in correcting property deficiencies. Such interested property owners and businesses may request that the Agency issue a certificate of conformance evidencing that the property owner and/or business has taken or has agreed to take appropriate action to .remedy conditions of blight on the property. In appropriate circumstances, if a property owner agrees to cooperate with the Agency to eliminate specific conditions of blight on his or her property, the Agency may agree to not acquire such property for redevelopment purposes except upon the terms of a negotiated purchase. Ms. Adams is invited to contact the Agency staff to discuss any such interest which she may have in this regard. The Council finds that adequate notice of the joint public hearing for the Uptown Project Area was given to Ms. Adams and that Ms. Adams received actual and appropriate written notice of the joint public hearing for the Uptown Project Area prior to the time and date of the joint public hearing. The objection presented by Ms. Deanna Adams is hereby overruled. 4820-4987-5456.1 8 . JULY 17, 2004 MAYORANP CITY COUNCIL MEMBERS 300 NORTII D ST SAN BERNARDINO,CA 92418. , ~fetlVF.Q.e\T'( CIEHri : '04 JJt 19 P2 :20' PAUL ADAMS . 1156 N. F ST SAN BERNARDINO, CA 92410 ........~~.~BJECTIOOi6E~f'ij~F~~CENrR.ALCt1Y. . NORl1-IREDEVELQPf\4ENT PROJECt. Dear Mayor and City council members: I would like to join in the chorus of individuals that theEIR has ignored. lam pneof these individuals that do riot haveth~ resources or the ability to speak against tht;l city. It is one of the favorite trickS of lawyers and politicians to use "fuzZy math" and this ElRreport uses just that bias statistics that show one side of the story of the people and the business of the proposed area. . ... We have lived under the axe of eminent domain for the last 5 years . . - -. . becailse oflake and streams project and know we received a letter that you would like to hold this axe for 12 more years. If it is my civic duty to live with the threat of eminent domain, it interferes .the. constitutiOllal right of freedom of the pursuit of happiness. How can somebody plan his future u~n variables that are under the threat of change? . .. The EIR incorporates the use of statistics that are questionable at hest. The ElRstates that in the projectarea that there ill a higher percentage of . disrepair b~ldings , higher cnme rates,and mord code violations. Much like ENRON these numbers are created by the s.arne entity that wishes the .power . of eminent domain. How can we the people have faith in numbers that are so easily twisted by the need and the whinls of the city? If you want to find deterioration of building look harder in the areas you wish, If you want a higher crime rate send more police into the area, and if you want to have more code violations send more code enforcement officers to that area, does this sound right? Finally, the most important reason in which I find myself moved to write df-'es::>' i-,G-t\U ~ , .' this letter (the people of san Bernardino); When I drive thru this cjty, Ido not see "Blight". I see PeQ.pleworkingthere~destto put there~hildren . throughschool. I see the pursuit oUreedom of religionfroril the . . . Vietnamese and central American churches who's operators have fled the . persecution of the homeland. I see the poor masses that made this country great by hard work. I see the smiles on the face of a small business owner' . that just paid of his mortgage and finely as the ability to make his dreams come true. I see life, I see hope, But most of all I see America and what it '. staIul for the people. Moreover, ItswhaUdo not see tlult makes me the . . ~piestl do notsee the Samsclm,. thebpme depot; thel)ilW;.fi!leSlUl~the . '7'..U:~~~6~lat~~~~:~'~:Jf~::9~'=~0!J.;" . future to be limi~d to working for bigcol'p!)ratiOllS as a manager?' . 'J Itjs in the Mayor and the city council members hands. I urge you to vo~ ..' no.ori,the development project artq.keep.thefutureofsanBemardino in the . hands.ofthe people' ofsanBeniardino nOt oulof state developers to fill there coffers with the sweat of the little person, . 1'I1ankyou, . Paul Adam Written Response and Finding To Written Objections Presented by Paul Adams As an initial matter, the Agency staff notes that Mr. Paul Adam's written objection is labeled as an objection to the Amended and Restated Redevelopment Plan for the Central City North Redevelopment Project. However, the property which Mr. Adams refers to in his objection as "Victory Chapel" (1156 North "F" Street) is in fact located in the redevelopment project area of the Uptown Redevelopment Project. In addition, the joint public hearing notice records of the Agency indicate that Helen Petrovna is the "owner" of the property located at 1156 North "F" Street, based on the most current property tax assessor records of the County of San Bernardino. (See joint public hearing mailing notes in Attachment No.3). Accordingly, this Written Response and Finding treats the written objection of Mr. Adams as an objection to both the amendment to the Redevelopment Plan for the Uptown Redevelopment Project and the Amended and Restated Redevelopment Plan for the Central City North Redevelopment Project. It is not clear from his objection whether Mr. Adams is an owner of the property located at 1156 North "F" Street. This written objection appears to present three (3) main themes. Mr. Adams states that because of the Lakes and Streams project, he has lived under a threat of eminent domain for the past five (5) years and he opposes another twelve (12) years of the threat of eminent domain from the Agency, and in general, Mr. Adams expresses an objection to the exercise of eminent domain by the Agency to eliminate blight in the Project Areas. As a second theme, or focus of objection, Mr. Adams appears to challenge the existence of blight in the Project Areas. Mr. Adams asserts that the Final Program Environmental hnpact Report for the amendments to the redevelopment plans for the Project Areas includes "fuzzy math" and "incorporates the use of statistics that are questionable at best". Response Rel!ardinl! Eminent Domain for the Last 5 Years: The power of the Agency to acquire any land in either of the Project Areas lapsed in 1998. Mr. Adams refers to the "lakes and streams project" in his objection and states that the public discussion planning and valuation of the lakes and streams project has imposed a burden on him, and presumably has also imposed a burden on the property at 1156 North "F" Street. The Lakes and Streams project to which Mr. Adams refers and specifically "North Lake" which could affect a small portion of the Uptown Project Area, is not a public project of the City of San Bernardino or the Agency. Nevertheless, the Lakes and Streams project has been the subject of community discussions in recent years and public discussion and participation in the planning process for public projects is part of the American system of local representative government. Sometimes the planning process involves extensive consultations with property owners before the local government agency can commit public funds to undertake a particular project. 4820-4987.5456.1 9 As mentioned above, the Lakes and StreamsINorth Lake project to which Mr. Adams refers is not a redevelopment project of the Agency. It is a study proposal which is being considered by the San Bernardino Valley Municipal Water District and the San Bernardino Regional Water Resources Authority formed as a joint powers authority to study various water supply alternatives with the City of San Bernardino. Mr. Adams refers in his objection to the North Lake component of the overall Lakes and Streams project concept proposal. The North Lake component of the Lakes and Streams project could affect as much as approximately twenty (20) acres of the Uptown Project Area, including the property at 1156 North "F" Street. None of the Central City North Project Area is affected by the Lakes and Streams project. In any case, the San Bernardino V alley Municipal Water District would be the public agency which would undertake such a public project for the acquisition of any land for the construction of the North Lake and related municipal water district domestic water supply operations on a site which is generally bounded by Baseline Avenue on the north, Ninth Street on the south, "H" Street on the west and "E" Street on the east (e.g., "North Lake"). The exact size of such a lake project within this general area has not yet been determined by the San Bernardino Valley Municipal Water District. A public scoping session was conducted in January 2004 as part of the preparation of a draft environmental review document under the Califoruia Environmental Quality Act ("CEQA") for the Lakes and Streams project. However, a draft environmental review document has not been completed and released for public review by at the time when this Written Response and Finding was prepared. At this time the San Bernardino Valley Municipal Water District has not iuitiated any program to acquire land for a North Lake facility, and the Lakes and Streams project remains in the early stages of design and the early stages of public discussion and evaluation. The Council does acknowledge that the North Lake component of the Lakes and Streams project could, if undertaken by the San Bernardino Valley Municipal Water District, include the acquisition of the property at 1156 North "F" Street under one of several different alternatives to such a project. However, any potential acquisition of land for the Lakes and Streams project affecting the Uptown Project Area which may be considered in the future, would be undertaken by the San Bernardino Valley Municipal Water District pursuant to its separate and independent property acquisition and condemnation pow~. The San Bernardino Valley Municipal Water District has much broader powers of eruinent domain, as the water district is not limited to acquiring property solely within a specific and liruited redevelopment project area such as the Uptown Project Area. The Agency could not undertake such a project as the North Lake because most of the site for North Lake and the related water supply improvements is not situated in the Agency's redevelopment project areas. Thus, the issues of whether there may ever be a lakes and streams project which may include a portion of the Uptown Project Area and the final site and methods selected by the San Bernardino Valley Municipal Water District to undertake such a project in the future, is not dependent upon the reinstatement of the Agency's eminent domain power in either Project Area. 4820-4987.5456.1 10 Both redevelopment plan amendments to reinstate the Agency's eminent domain power were initiated in early 2000. The process for the redevelopment plan amendments in these two Project Areas has been delayed by virtue of a number of factors primarily related to the need to prepare a Program EIR for General Plan Amendment No. 04-02 and the Mercado Santa Fe development concepts which affect Uptown Subarea B. Since 2000, the Council and the Agency have moved forward to reinstate eminent domain powers in several other redevelopment project areas including the Central City South Redevelopment Project, the Mr. Vernon Corridor Redevelopment Project and the State College Redevelopment Project. Unlike the redevelopment plan amendments for these other project areas which did not contemplate any specific redevelopment proposals, the CEQA review for the proposed amendment for the Uptown Project Area has included certain specific development proposals for Uptown Subarea B which has in turn required the Agency to prepare a Program EIR. In any case, as stated above, the Agency has no plans to acquire any property in the Uptown Project Area for or on behalf of the San Bernardino Valley Municipal Water District. As stated in the Written Response and Finding to the written objection of Ms. Deanna Adams, the Agency's exercise of the power of eminent domain involves several procedurallayeis of prior notice and consultation with property owners. These measures are described in the Agency property acquisition policy materials assembled in Attachment No.4. The Agency believes that in appropriate situations, the Agency's ability to acquire property by eminent domain will enhance the effectiveness of a specific proposal to deal with conditions of blight in the Project Areas. Much vacant lands exist in both Project Areas as described in the Section 33352 Reports. The vacant land often abuts small underutilized parcels of land in different ownership. In other redevelopment project areas it is not uncommon for owners of successful businesses or owners of substandard sized parcels of land to contact the Agency seeking assistance to acquire small, underutilized parcels of adjacent land so that a business owner can expand his or her business. A hallmark of the configuration of the vast majority of parcels in both Project Areas, is the small average size of most parcels. The redevelopment project area boundaries of Subarea A of the Uptown Project Area in which Victory Chapel is located have not been selected or configured to accommodate the types of "big box" retail business which Ms. Adams describes as destructive of the American ideal or which would displace large numbers of existing business, residents and churches. This is apparent upon the most casual of inspection of a project area boundary map for the Uptown Project Area. The redevelopment project area boundaries of the Uptown Project Area have been designated with the primary purpose of assisting existing businesses and owners to remain and expand their business in the City of San Bernardino. Likewise, in the area of the Central City North Project Area to the north of Fifth Street, the Central City North Project Area is simply not a place were it is feasible or likely that redevelopment could ever result in the construction of any "big box" retail business uses. The proposed reinstatement of eminent domain power in the Project Areas will enable the Agency to assist small scale urban in-fill redevelopment projects in situations where 4820-4987-5456.1 11 assembly of few key parcels of land which are required to form a useable new site which cannot otherwise be acquired by private enterprise acting without redevelopment. The land acquisition policies of the Agency are summarized in Attachment No. 4 and the policies emphasize that the use by the Agency of condenmation to acquire property is seldom used and then only as a last resort to support a specific redevelopment project activity in which affected property owners receive ample prior notice. In the twelve (12) years prior to 1998, the Agency did not acquire any property in the Uptown Project Area by eminent domain. Likewise in the case of the Central City North Project Area, in the twelve (12) years before 1998 the Agency used its condemnation powers for the acquisition of only a few parcels of land to the south of Fifth Street. No land situated to the north of Fifth Street has been acquired in the Central City North Project Area by eminent domain. Response Rel!:ardinl!: Existence of Blil!:ht: Mr. Adams asserts that blight does not currently exist in the Project Areas. The Section 33352 Reports contain ample evidence to the contrary. The numerous boarded-up commercial buildings in close proximity to 1156 North "F" Street provide grim evidence of the existence of blight in the Project Areas. Unfortunately despite the prior efforts of the Agency, blight remains as a prevalent condition affecting a large number of properties in both Project Areas. Response Rel!:ardinl!: the Claimed InadeQuacv of the Proeram EIR: The City Planning Department has prepared a respouse to Mr. Adams assertion that the Program ElR is inadequate or deficient in a number of unspecified respects. Findinl!:: Based on the response set forth above, information presented at the joint public hearings from Agency Staff, Redevelopment Cousultant, Agency Counsel, and other evidence contained in the Section 33352 Reports for the Uptown Project Area and the Central City North Project Area, this Written Respouse and Finding and the record before the Council, the Council hereby finds that all redevelopment activities of the Agency will adhere to all applicable laws, including the CRL. The information set forth in the Section 33352 Reports for the Uptown Project Area and the Central City North Project Area demonstrate that conditions of blight remain in each Project Area and that the reinstatement of the Agency's eminent domain power in each Project Area is warranted at this time. The Council finds that the public discussion and community involvement in the Lakes and Streams project concept of the San Bemardino Valley Municipal Water District has not resulted in the condemnation or temporary taking of any property and that no decision has been made by the San Bernardino Valley Municipal Water District, the City of San Bernardino or any other public agency regarding such a public project which may result in the acquisition of any property, including the property located at 1156 "F" Street in the Uptown Project Area The Council finds that the Agency has no current plan to acquire the property located at 1156 "F" Street by negotiated purchase or with the 4820-4987-5456.1 12 use of eminent domain. However, the Agency may have the necessity to acquire such property in the future, after further notice has first been given to the property owner to facilitate the redevelopment of the Uptown Project Area. If the Agency may in the future undertake the acquisition of any property in the Uptown Project Area, each affected property owner, or potentially displaced business, tenant or resident on any land which the Agency may hereafter seek to acquire by negotiated purchase or by condenmation will be entitled to receive relocation benefits, and in addition to relocation benefits, the property owner will be entitled to receive fair market value for any property acquired by the Agency as provided for by the CRL and all applicable law. The Council also notes that both redevelopment plans for the Uptown Project Area and the Central City North Project Area, and the Owner Participation Rules under each redevelopment plan, provide procedures and additional protections for property owners and business tenants who are interested in correcting property deficiencies. Interested property owners and business tenants who wish to participate with the Agency to eliminate blight from the Project Areas may request the Agency to issue a certificate of conformance subject to appropriate terms and conditions acceptable to both such property owner and the Agency, that could provide assurance to the property owner that its property satisfies the standards of the applicable redevelopment plan. The Council finds that Owner Participation Rules and the general property acquisition policies of the Agency as sununarized in Attachment No. 4 provide, all property owners and occupants of lands in the Project Area with significant and effective protection of their rights and interests. The objection presented by Mr. Paul Adams is hereby overruled. 4820-4987-5456.1 13 July 18,2004 , lu:eE1VI'D.ll>InOWil\ ",' To: City Clerk "I . .. Honorable Mayor and Common Council members City Hall 300 North "D" Street '04 Jtl 19 P 2 :20 . San Bernardino, Cll92418 From: GIuo<<..n Norman Abdullah and family 1129 North "f" Street San Bernardino, Ca 92410 Dear H.Mayor and members of the Common Council; We the AbdUllah family and many of our neighbors in the UptOwn subarea A are writing this letter to object to,Jhe teinstatement of eminent domain for the Central City North Redevelopment Project and the "Combined project EIR" . We believe that taking our homes and displacing Qur elderly parents who are on fixed incOmes and disabled is morally wrong and unconstitutional and doesri'tserve the greater public good.'y ou claim it is to eliminate blight in this &rea. We chall. this notion since it is the city itself that sets the standards and defines what blight is and as they see fit inorder to aclUeve the overall goal of aeql!iring property at a loWer cost We think the real reason behind this project is to increase overall tax revenues as a fix for the ailing city budget. We urge you to remo\'e this label "blight" for our areil(Uptowil Subarea A)where we live and work and promote more hOme ownership mvli"'Pl'Ovements .Do not chase us and our families away. This redevelopment project is unconstitutional as it prays on the less fortunate and on the weak with limited resources who are unable to . defend for themselves. It takes one mans property and gives it to the wea11Jly real estate . developer or other investors who have more money.' Who are tbc:sC developers any way? is it a secret? shouldn't this information be disclosed to us the residents and citizens of San Bernardino. What is the exact p1an?Your cOnstituents need to know this. We take pride in our community, homes, and businesses and We urge you to reject this redevelopment project and in reinstating eminent domain . We do not want to be uprooted from our homes and displaced, nor do we want to have the cloud of eminent domain reign over us and adversely affect our lives,goals and future plans. \ . . . The ElRisintompli':te, inadequate and not thorough enough as it leaves out Jtl{my issues . that &renot ansWered. For example hOw many disabled citizens ,children, elderly living on fixed income, and other low income residents will be displaced by the project What . ~mm~onthe~~mb~~andthe~~~~~inaddi~ to the estim!'ted revenues lost and m impact on the unemployment ral9. What about the .num~ of churches impacted; I know of four or five at least. What is l:he impact of this project on the loc8l flora and the dispersion of West NIle Virus. Also the impact on air pollution levels in PPM and dust dispersion aJid their impact the prevalence of respiratory ailments and for how long. What about the impact of high intensity noise levels greater than 60 decibelS which may be quite harmful in themSelves. In Stlmmmy the EIR bas many flaws and gaps. Thank you for hearing this objection. Sincerely, GNAbdullah .PI IV .',.--" 41:12-3;> 7-/7~6q Written Response and Findings To Written Objection Present by Ghassan Norman Abdullah As an initial matter, the Agency staff notes that Mr. Abdullah's objection is labeled as an objection to the reinstatement of eminent domain for the Central City North Redevelopment Project and the "Combined project EIR". However, the property which Mr. Abdullah refers to in his objection (1129 North "F" Street) is in fact located in the Uptown Project Area. Accordingly, this written response treats this written objection as an objection to both the Amendment to the Uptown Redevelopment Plan and the Amended and Restated Redevelopment Plan for the Central City North Redevelopment Proj ect. Mr. Abdullah states that he resides at 1129 North "F" Street. His written objection appears to present our (4) themes. Mr. Abdullah objects to the labeling of the Project Areas as blighted and he appears to challenge the existence of blight in the Uptown Project Area. Mr. Abdullah objects to the Agency's acquisition of property in the Project Areas by eminent domain and asserts that the exercise of eminent domain is a devise which allows the Agency to "[acquire] property at a lower cost". Mr. Abdullah asks several questions relating to the redevelopment process and how the Agency may in the future make a decision about property acquisition. Finally, Mr. Abdullah asserts that the Program EIR document for the redevelopment plan amendments is incomplete and inadequate especially in the area of potential relocation impacts or residents and businesses. , ResDonse Reeardine the Existence of Blieht in the Project Areas: Mr. Abdullah expresses a concern that the existence of blight in the Project Areas is based upon a subjective and easily manipulated standard. fudeed, as Mr. Abdullah appears to assert, the City and the Agency may condone conditions which cause blight in order to reduce property values. The standard for finding the continued existence of blight in the Project Areas is set by the CRL not the City or the Agency. The Section 33352 Reports for the Project Areas contain substantial and convincing evidence that conditions of blight - both physical conditions and economic conditions of blight - continue to exist in both Project Areas. fu point of fact the Uptown Project Area neighborhood in which Mr. Abdullah resides at 1129 North "F" Street, provides an illustration of several of the blighting conditions which are more fully documented in the Section 33352 Reports for the Project Areas. Mr. Abdullah resides in an older single family home which is sandwiched between a commercial/industrial land use on a small/substandard sized adjacent lot to the south and an institutional or religious charitable institution use adjacent on the north side of his home. Directly across the street to the west is a large vacant area containing miscellaneous debris which marks a transition between the strip commercial land uses to the north along Baseline Avenue and an older residential neighborhood to the south. The large number of vacant parcels in a fully urbanized environment such as the Uptown Project Area is a symptom of the blight 4820-4987-5456.1 14 which affects the Uptown Project Area. (See Section 33352 Report for the Uptown Project Area). The adoption of the redevelopment plans for the Uptown Project Area and the Central City North Project Area did not cause the blight which is observed in the Section 33352 Reports. The adoption of both redevelopment plans was a response by the community to attempt to eliminate and prevent the spread of blight in each of the Project Areas. Responses to Rel!:ardinl!: the Exercise of Eminent Domain: Mr. Abdullah apparently believes that the Agency may acquire property by eminent domain for less than its fair market value. This belief is not supported by the facts nor is it supported in actual practice particularly in light of the procedural protections in favor of property owners and occupants of property who may be displaced by redevelopment programs undertaken by the Agency. The procedural protections in favor of both property owners and tenants of property are described in Attachment No.4. The property acquisition protections and safeguards described in Attachment No.4 in favor of private property owners and tenants reflect the current practices and policies of the Agency. Where Mr. Abdullah suggests that the Agency is currently pursuing a program which has the effect of depressing property values, Mr. Abdullah concedes that the Project Areas contain blight. In fact, the Agency is not, and never has pursued such a policy to create so-called pre-condemnation damages as a way of reducing the cost of acquiring property. The Project Areas display a number of symptoms of blight. But none of these conditions were caused by the City or the Agency. Response Rel!:ardinl!: Redevelopment Process: The Agency has no plan to acquire the property located at 1129 North "F" Street. Mr. Abdullah asks several related questions regarding the circumstances under which the Agency may provide redevelopment assistance in a particular case. The reinstatement of the Agency's power of eminent domain is not itself a project - no specific redevelopment project activity is proposed for Mr. Abdullah's property at this time. Eminent domain is one of several programs which the Agency may use to assist property owners and businesses to invest private capital in the Project Areas to prevent and eliminate the spread of blight. As a practical matter, it should be noted that Mr. Abdullah as the owner of an older single family dwelling unit in an otherwise commercially developed neighborhood is not a likely candidate for seeking Agency assistance to acquire neighboring property to increase the size of his home or to cause the adjacent land to be redeveloped for new residential use along with his own property. However, other commercial neighbors on either side of Mr. Abdullah may in the future have specific plans for the expansion of their businesses or operations which may cause Mr. Abdullah a degree of inconveuience. Hypothetically speaking, if either neighbor proposed an expansion or intensification of use on their property, the power of the Agency to assist the neighbor to acquire additional 4820-4987-5456.1 15 land to mitigate or offset the negative impacts on their residential neighbors as part of an overall plan to address conditions of blight, may result in the commercial property owners being willing to consider a better planned commercial project which buffers nearby residential use property. One of the stated goals of the Redevelopment Plan for the Uptown Redevelopment Project is to assist existing owners and businesses to expand and to better manage or buffer the impacts of commercial land use on nearby or adjacent residential use property. The Rules for Owner Participation further support this goal. The selection of third party developers to undertake specific redevelopment projects is not a secret process as Mr. Abdullah may fear. Once again, the Rules for Owner Participation assure existing property owners, including Mr. Abdullah, that before the Agency would consider any redevelopment proposal of a third-party developer (e.g., someone who does not already an owner of neighboring property) the Agency would first consult with existing property owners to determine whether the existing property owners have an interest and the financial ability to redevelop their property. Finally, before the Agency could undertake any specific redevelopment project which may include the acquisition by eminent domain of another owner's land, the Agency must first conduct a public hearing on such a proposal in accordance with the CRL. In addition, the owners of all affected property would receive prior written notice by mail of the Agency's intention to proceed with a specific project which requires the acquisition of land owned by third-parties. ReSDonse to Concerns Relatinl!: to the Prol!:ram EIR: The City Planning Department has prepared a response to Mr. Abdullah's assertion that the Program ElR is inadequate or deficient in a number of unspecified respects. In addition, the materials assembled in Attachment No. 4 contain a comprehensive description of the policies, programs and procedures of the Agency which give property owners, businesses and residents special protections and benefits under relocation assistance programs. Findinl!:: Based on the response set forth above, the testimony received at the joint public hearings from Agency Staff, Redevelopment Consultant, Agency Counsel, and other evidence contained in the Section 33352 Reports for the Central City North Project Area and the Uptown Project Area, this Written Response and Finding and record before the Common Council, the Common Council hereby finds that all redevelopment activities of the Agency will adhere to all applicable laws, including the CRL. The information set forth in the Section 33352 Reports for the Project Areas demonstrate that both physical and economic conditions of blight exist in both the Project Areas and that the reinstatement of the Agency's eminent domain power in each Project Area is warranted at this time. The Common Council finds that the Agency has no current plan to acquire the property 4820-4987-5456.1 16 located at 1129 North "F" Street by negotiated purchase or with the use of eminent domain at this time. However, the Agency may have the necessity to acquire such property in the future, after further notice has first been given to the property owner to facilitate the redevelopment of the Uptown Project Area. The Council finds that any affected or displaced business, tenant or resident will be entitled to relocation benefits, and the property owner will be entitled to fair market value for the property as provided for by the CRL. The Common Council also notes that both Redevelopment Plans and the Owner Participation Rules provide procedures and protection for property owners and business tenants who are interested in correcting business deficiencies. Such interested property owners may request that the Agency issue a certificate of conformance evidencing that the property owner has taken or has agreed to take appropriate action to remedy conditions of blight on the property. In appropriate circumstances, if a property owner agrees to cooperate with the Agency to eliminate specific conditions of blight on his property, the Agency may agree to not acquire such property for redevelopment purposes except upon the terms of a negotiated purchase. Mr. Abdullah is invited to contact the Agency staff to discuss such interest which he may have in this regard. The objection presented by Mr. Ghassan Abdullah is hereby overruled. 4820-4987-5456.1 17 PART TWO WRITTEN RESPONSE AND FINDINGS TO ORAL OBJECTIONS RECEIVED AT THE: JULY 19,2004 JOINT PUBLIC HEARING FOR THE AMENDED & RESTATED REDEVELOPMENT PLAN FOR THE CENTRAL CITY NORTH PROJECT AREA AND THE AMENDMENT TO THE UPTOWN REDEVELOPMENT PROJECT AREA PLAN AND THE SECTION 33352 BLIGHT REPORTS TO THE MAYOR AND COMMON COUNCIL FOR THE CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA AND THE UPTOWN REDEVELOPMENT PROJECT AREA 4820-4987-5456.1 18 Written Response and Finding To Oral Objections Present by Deanna Adams Ms. Adams delivered oral testimony in opposition to the redevelopment plan amendments during the joint public hearings on July 19, 2004. A verbatim transcript of her oral testimony is presented in Attachment No. I (Oral Objection No. I). ResDonse: It appears from a review of the transcription of the oral testimony presented by Ms. Adams on July 19, 2004, that her testimony closely tracks the text of her written objection which appears above in Part One of this Response. Accordingly, the response to Ms. Adams' written objection is incorporated into this Written Response and Finding to Oral Objection by this reference. Findinl!: It appears from a review of the transcription of the oral testimony presented by Ms. Adams on July 19, 2004, that her testimony closely tracks the text of her written objection which appears above in Part One of this Written Response and Finding to Oral Objection. Accordingly, the findings as set forth in the Written Response and Finding to the Written Objection of Ms. Adams are adopted as the findings of the Council with respect to the oral objection of Ms. Adams. The oral objection presented by Ms. Deanna Adams is hereby overruled. / 4821J-4987-5456.1 19 Written Response and Finding To Oral Objection Presented by Ghassan Norman Abdullah Mr. Abdullah delivered oral testimony in opposition to the redevelopment plan amendments during the joint public hearings on July 19, 2004. A verbatim transcript of his oral testimony is presented in Attachment No.1 (Oral Objection No.2). Response: It appears from a review of the transcription of the oral testimony presented by Mr. Abdullah on July 19, 2004, that his testimony closely tracks the text of his written objection which appears above in Part One of this Written Response and Finding to Oral Objection. Accordingly, the response to Mr. Abdullah's written objection is incorporated into this Written Response and Finding to Oral Objection by this reference. Findinl!: It appears from a review of the transcription of the oral testimony presented by Mr. Abdullah on July 19, 2004, that his testimony closely tracks the text of his written objection which appears above in Part One of this Written Response and Finding to Oral Objection. Accordingly, the findings as set forth in the Written Response and Finding to the Written Objection of Mr. Abdullah are adopted as the findings of the Council with respect to the oral objection of Mr. Abdullah. The oral objection presented by Mr. Ghassan Norman Abdullah is hereby overruled. 4820-4987-5456.1 20 Written Response and Finding To Oral Objections Presented by Paul Adams Mr. Adams delivered oral testimony in opposition to the redevelopment plan amendments during the joint public hearings on July 19, 2004. A verbatim transcript of his oral testimony is presented in Attachment No. 1 (Oral Objection No.3). Response: It appears from a review of the transcription of the oral testimony presented by Mr. Adams on July 19, 2004, that his testimony closely tracks the text of his written objection which appears above in Part One of this Written Response and Finding to Oral Objection. Accordingly, the response to Mr. Adams written objection is incorporated into this Written Response and Finding to Oral Objection by this reference. Findinl!:: It appears from a review of the transcription of the oral testimony presented by Mr. Adams on July 19, 2004, that his testimony closely tracks the text of his written objection which appears above in Part One of this Written Response and Finding to Oral Objection. Accordingly, the findings as set forth in the Written Response and Finding to the Written Obj~ction of Mr. Adams are adopted as the findings of the Council with respect to the oral objection of Mr. Adams. The oral objection presented by Mr. Paul Adams is hereby overruled. 4820-4987-5456.1 21 Written Response and Finding To Oral Objections Presented by Abdel Esmat Mr. Esmat delivered oral testimony during the joint public hearings. A verbatim transcription of his oral testimony is presented in Attachment No. I (Oral Objection No. 4). Mr. Esmat resides in the Central City North Project Area. It appears that Mr. Esmat expresses at least two (2) concerns in his oral objection. The first concern is that the proposed reinstatement of the Agency's eminent domain power may frustrate his plans to reside and enjoy his home and his neighborhood. The second concern appears to be that Mr. Esmat is unsure whether he will be consulted or notified in the future if the Agency undertakes any program which could affect him or his property. Response: The Agency staff notes that Mr. Esmat has apparently acquired the property located at 762 West Sixth Street in February 2004 (See: Attachment No.3: joint public hearing mailed contact notes). The previous owner of Mr. Esmat's home did not reside at the address and the prior owner may not have informed Mr. Esmat of his receipt of the Agency's prior mailed notices over the past many months regarding the proposed redevelopment plan amendment for the Central City North Redevelopment Project. Although as summarized in Attachment No.3, the Agency did not send mailed notice of the Central City North Project Area joint public hearing to Mr. Esmat as the owner of the property at 762 West Sixth Street, nevertheless the Agency did send separate potice by United States First Class Mail of the joint public hearing for the Central City North Project Area joint public hearing to the 762 West Sixth Street address marked to the attention of "Occupant". It appears that Mr. Esmat received such notice by mail. It is an encouraging sign that a single family home owned by a former absentee landowner has recently been sold to an owner occupant such as Mr. Esmat. Mr. Esmat obviously displays interest in his community and his neighborhood. One of the goals of the Central City North Redevelopment Project is to encourage homeownership. The Agency believes that the reinstatement of the power of eminent domain in the Central City North Project Area may facilitate the assembly and redevelopment of vacant and underutilized lots in the Project Area for new single family homeowner development such as the Agency assisted twenty-two (22) new single family home development just breaking ground in the Meadowbrook R.edevelopment Project. In fact, a large vacant parcel of land is located immediately across the street from Mr. Esmat's home on Sixth Street. Although the Agency has no plans to acquire or to assist the owners of the large vacant tract of land on the south side of Sixth Street to develop it with new single family homes, in other areas of Project Area, property owners or developers of new single family housing may request the assistance of the Agency to acquire an isolated vacant parcel or a poorly maintained duplex or small apartment 4820-4981-5456.1 22 building, so new homes may be constructed on such parcels in a well planned manner. Such targeted land acquisitions by the Agency, to assist the development of new homes or the rehabilitation of existing single faruily houses, can help serve as a catalyst for the revitalization of a neighborhood such as the one in which Mr. Esmat resides. The Agency has no plans to acquire the property which Mr. Esmat owns. However, the Agency believes that the reinstatement of eminent domain in the Central City North Project Area may encourage other new homebuyers to purchase homes in the Central City North Project Area which are owned by absentee owners. Findinl!: Based on the response set forth above, testimony received at the joint public hearings from Agency staff, Redevelopment Consultants, Agency Council and the other evidence contained in the Section 33352 Report for the Central City North Project Area and this Written Response and Finding, the Council hereby [mds that blight continues to exist in the Central City North Project Area The Council further finds that adequate notice of the joint public hearings for the Central City North Project Area was given to the owner and occupants of the property located at 762 West Sixth Street by First Class United States Mail. The Council further finds that the general property acquisition policies of the Agency as sununarized in Attachment No.4 provide all property owners and occupants of the lands in the Central City North Project Area with significant and effective protections of their rights and interests. The oral objection of Mr. Abdel Esmat is hereby overruled. 4820-4987-5456.1 23 Written Response and Finding To Oral Objections Present by James Oronoz Mr. James Oronoz presented oral testimony at the joint public hearings on July 19, 2004. A verbatim transcript of his oral testimony appears in Attachment No.1 (Oral Objection No.5). The testimony of Mr. Oronoz was focused upon the property located at 1212 West Second Street which is part of a larger assembly of parcels of land which Mr. Oronoz states he manages for the owner. The property ownership records of the Agency indicate that Robert L. Kovats is the owner of the property (1158 through 1224 West Second Street). The property which Mr. Oronoz manages is located within Uptown Subarea B and is referred to in this Written Response and Finding as the "EI Tigre Market Property." The EI Tigre Market Property is situated on four (4) assessor parcels and comprises one of the largest commercial properties in the Uptown Project Area under common ownership. The EI Tigre Market Property is approximately 7.9 acres in size. In his oral objection, Mr. Oronoz states two (2) general concerns or objections. Mr. Oronoz opposes the reinstatement of eminent domain in the Uptown Project Area. Mr. Oronoz also opposes the Mercado Santa Fe Project conceptual redevelopment plan which is considered in the Project ElR for the Uptown Project Area redevelopment plan amendment. Response Rel!ardinl! Mercado Santa Fe Proiect Concept: The conditions of blight which persist in the Uptown Project Area, including Uptown Subarea B are documented in the Section 33352 Report for the Uptown Project Area. Section 33352 Report Exhibit B-2 indicates that the El Tigre Market Property has been the site of City Code Enforcement Department efforts in recent years. A photograph of a portion of the EI Tigre Market Property at Section 33352 Report page B-9 depicts several physical symptoms of blight which are present on the EI Tigre Market Property. In addition to the badly damaged roof covering the easterly Y. of the commercial building at 1184 West Second Street, as depicted in the photograph, the vacant and dilapidated portion of this building does not appear to have been commercially used for quite some time. A vast amount of debris, collapsed ceiling and roof material, garbage and refuse is visible inside the building which is readily viewed between the boarded-up windows and doors on the public sidewalk adjacent to the building. As Mr. Oronoz concedes in his oral objection, the EI Tigre Market Property very definitely".. .needs some work and it needs some fixing up.. ." In recent years the City has made an investment in the restoration of the nearby Santa Fe Railway Passenger Depot building on the north side of Third Street just to the north of the EI Tigre Market Property. Since the early 1990s the Santa Fe Railway Passenger Depot building has been the eastern terminus of the MetroLink commuter rail passenger line. Each day thousands of commuter rail passengers use the Santa Fe Railway 4820-4987-5456.1 24 Passenger Depot to commute to jobs in Los Angeles County. The San Bernardino Associated Governments, a regional planning and public mass transportation planning authority, has relocated its general business offices to the Santa Fe Railway Passenger Depot in recent months after the City completed some major restoration work. In view of the fact that the old Santa Fe Railway Passenger Depot has become the site of an increasingly important part of the regional public mass transportation system, in 2001 the Agency solicited interest from property owners in the neighborhood of the Uptown Santa Fe Railway Passenger Depot regarding their interest in redeveloping their property. In 2001, the Agency contacted all the property owners within a nine (9) acre site in Uptown Subarea B immediately to the south of the Santa Fe Passenger Depot site to explore their potential interest. The El Tigre Market Property comprises the greatest part of this site, and the remaining 1.1 acre portion of the site is owned by several other individuals. The owner of the El Tigre Market Property, Mr. Robert Kovats, did not respond in 2001 to the efforts of the Agency to establish contact to discuss his potential interest in redevelopment of the property. After it appeared to the Agency that existing property owners were either not interested or could not be readily engaged in discussion about potential redevelopment interest for their property, in August 2001, the Agency entered into an agreement with a third party developer (Arthur Pearlman Corporation) to study a range of potential redevelopment alternatives or concepts which have since been referred to by the Agency as the "Mercado Santa Fe Project." A general description of the Mercado Santa Fe Project is included in the Program ElR. The conceptual study of various redevelopment alternatives for the Mercado Santa Fe Project indicated that preparation of an environmental impact report for such a project would likely be required and that if such a project was to be accomplished, the Agency may be required to assist such a project with the acquisition of all the land necessary for a well-planned and economically feasible program of redevelopment. A general chronology of the evolution of the Mercado Santa Fe Project development concept is presented in the Agency staff correspondence dated July 14, 2004, addressed to Mr. Oronoz, attached immediately following this Written Response and Finding to Oral Objection. During his oral testimony, Mr. Oronoz claims that he was unaware of the Agency's prior efforts to contact the owner of the El Tigre Market Property to explore mutual redevelopment interest. Nevertheless, the fact remains that the Agency used the publicly available contact information for Mr. Kovats in 2001 and later, in an effort to contact him and involves the owner of the El Tigre Market Property in its redevelopment. As stated in the July 14, 2004, Agency staff correspondence addressed to Mr. Oronoz, the Agency staff was able to obtain updated and current property tax information for Mr. Kovats in 2004 before the joint public hearing notice was mailed. Mr. Oronoz states that the first time he heard of the Agency's interest in working with the owner to accomplish the redevelopment of the E1 Tigre Market Property was as part of the joint public hearing notice process for the Uptown Project Area in 2004. 4820-4987-5456.1 25 As part of the preparation for the joint public hearings for the Uptown Project Area and the certification of the Program ErR, the Agency staff mailed notice of the joint public hearing to Robert L. Kovats as the owner of the El Tigre Market Property. In addition, the Agency staff mailed notice of the joint public hearing to the street address given by Mr. Oronoz as his business address 1212 West Second Street (See: Attachment No.3). The Agency staff also mailed a total of twelve (12) notices of joint public hearings to the various business addresses (each addressed to "Occupant" at the various Second Street addresses) in the buildings on the El Tigre Market Property. It is unfortunate that neither Mr. Kovats nor Mr. Oronoz have contacted the Agency sooner to explore feasible and effective means of redeveloping the El Tigre Market Property and nearby lands. Now that such lines of communication has been established, it is hoped that Mr. Kovats and Mr. Oronoz will actively participate with the Agency in formulating plans for the redevelopment of the El Tigre Market Property and the Mercado Santa Fe Project. It is also noted that the adoption of the amendment to the Redevelopment plan for the Uptown Redevelopment Project and the certification of the Program EIR is not an approval of any particular redevelopment concept for either the Mercado Santa Fe Project or the El Tigre Market Property. The Agency has not approved any specific redevelopment proposal for the site or for any other portion of the Uptown Subarea B. The 2001 agreement which the Agency entered into with the Arthur Pearlman Corporation relates to the conduct of a study for a full range of alternatives for the redevelopment of such property. To this end, the Program EIR for the redevelopment plan amendments considers the potential impact on the environment of the redevelopment of the Mercado Santa Fe Project. Much further study and planning is required before the Agency could enter into an agreement with any property owner or a developer to provide any specific form of redevelopment assistance with respect to the Mercado Santa Fe Project. In addition, the Agency is required to conduct a separate public hearing before it may approve any agreement to acquire land or provide any form of redevelopment financing assistance in support of the redevelopment of a project such as the Mercado Santa Fe Project. The Rules for Owner Participation for the Uptown Project Area provide additional guidelines and protections to existing property owners who have the capability and interest in participating with the Agency in eliminating and preventing the spread of blight in the Uptown Project Area. Response to Obiection to Eminent Domain: Mr. Oronoz objects to the reinstatement of the Agency's eminent domain power in the Uptown Project Area. The reinstatement of eminent domain in the Uptown Project Area may be necessary in order to accomplish the redevelopment of the Mercado Santa Fe Project and the El Tigre Market Property and nearby lands for the reasons indicated in the preceding paragraphs of this Written Response and Finding. The site is in multiple ownerships, there are multiple commercial business tenants on the site who have leases or rental agreements of unknown duration (e.g., see objection of Mr. Diem N. Mach below), and not all current property owners and commercial business tenants may be ready of 4820-4987-5456.1 26 financially capable of participating in the redevelopment of such a project. Nonetheless, the Mercado Santa Fe Project site contains blighted properties and the elimination of blight within the Mercado Santa Fe Project site and bn nearby lands will materially assist with the elimination and prevention of the spread of blight elsewhere in Uptown Subarea B. The conceptual study conducted to date for the Mercado Santa Fe Project indicates that the optimal site would include a larger area than just the EI Tigre Market Property. In addition, the integration of the land between "K" Street and the EI Tigre Market Property into a new site will allow for the new development to be better designed than the old improvements on the EI Tigre Market Property to accommodate the significant changes in topography or street grade between Third Street on the north and Second Street on the south. Without the ability to attach additional parcels of land to the site, neither Mr. Kovats, the Arthur Pearlman Corporation nor any other person may be able to formulate a well planned or economically feasible redevelopment concept for the elimination of blight on such property. . At this time, the Agency has made no decision to proceed with any type of specific redevelopment project which includes the acquisition by the Agency of the EI Tigre Market Property. Much planuing and additional consultations with property owners, existing bnsiness tenants, new tenants and lenders and qualified developers remains to be accomplished before any such decision would be made by the Agency. ---- Mr. Kovats, Mr. Oronoz and the tenants who presently occupy the El Tigre Market Property, will get separate notice by mail prior to any public hearing at which a specific plan for development of the Mercado Santa Fe Project or the El Tigre Market Property may be considered by the Agency. Ouly after the Agency makes a final and publicly announced decision following a public hearing would the Agency begin any action to acquire any property for the Mercado Santa Fe Project by eminent domain. Findinl!: Based on the response set forth above, the testimony presented at the joint public hearing from Agency Staff, Redevelopment Consultant, Agency Counsel and the other evidence contained in the Section 33352 Report for the Uptown Project Area and this Written Response and Finding, the Council hereby finds that the redevelopment activities which may be undertaken by the Agency following the amendment to the Redevelopment Plan for the Uptown Redevelopment Project shall comply with all applicable law. The information set forth in the Section 33352 Report for the Uptown Project Area demonstrates that conditions of blight remain in the Uptown Project Area and that the reinstatement of the Agency's eminent domain power in the Uptown Project Area is warranted at this time. No final decision has been made by the Councilor the Agency to proceed with the Mercado Santa Fe Project. The certification of the Program ElR by the Council shall in no wayforeclose or prevent further review, study or public consultations with the community, Mr. Kovats, Mr. Oronoz, and any other interested persons conceruing the redevelopment of the lands which may be included in any such project. If 4820-4987-5456.\ 27 the Agency may in the future undertake the acquisition of any property in the Uptown Project Area; including without limitation the El Tigre Market Property, each affected property owner, or business or tenant residing on any land which the Agency may hereafter seek to acquire by negotiated purchase or by condemnation will be entitled to receive relocation benefits, and the property owner will be entitled to receive fair market value for the property as provided by the CRL and all applicable law. The Council also notes that Owner Participation Rules for the Uptown Project Area contain significant and effective protections for each business tenant on the El Tigre Market Property who may wish to remain as a tenant within a new project. The Owner Participation Rules also contain protections for any business which may elect to relocate to another address either inside the Uptown Project Area or elsewhere in the community at a location which is reasonably suitable to the continued operation of such a business. The Council further finds that the owner of the El Tigre Market Property, Robert L. Kovats, and each of the current business occupants of the El Tigre Market Property, including Mr. Oronoz, have been given adequate prior notice of the joint public hearing on the amendment to the amendment to the Redevelopment Plan for the Uptown Redevelopment Project. The oral objection presented by Mr. James Oronoz is hereby overruled. 4820-4987-5456.1 28 City of San Bernardino ECONOMIC DEVELOPMENT AGENCY Redevelopment. Community Development. Housing . Busit18ss: Recrultment. Retention. Revitalization. Main Street, Inc. ~ July 14, 2004 James Oronoz P.O. Box 3827 La Habra, CA 90632 Re: Redevelopment Agency of the City of San Bernardino Uptown Redevelopment Project: Subarea B (Mercado Santa Fe Project) Robert L. Kovats Property, 1140 - 1228 W Second Street, San Bemardmo, California (Assessor Parcel No"(I138-263-02; 0138-301-01; 0138-301-06; 0138-301-10) Dear Mr. Oronoz: On behalf of Maggie Pacheco and myself, I want to let you know that we enjoyed meeting with you and your son, David, on June 29, 2004, to discuss what the Redevelopment Agency of the City of San Bernardino (the "Agency") is trying to do to in the Uptown Redevelopment Project Area to encourage redevelopment and the elimination of blight \ It is our understanding that you represent the interests of the owner of the property located at 1140 - 1228 W Second Street, San Bernardino, California (the ~'Property"). In our discussions you expressed concern that Mr. Kovats, as the owner of the Prdperty, as well as the owner of several other properties located within Subarea B of the Uptown Redevelopment Project Area, and you as the representative of Mr. Kovats, had not received notice from the Agency in recent months concerning the proposed amendment to the Uptown Redevelopment Plan to reinstate the Agency's condemnation power, nor has the Property Owner received notice of the formation of a Project Area Committee (pAC) for the Uptown Redevelopment Project Area. You also informed us that you were not aware that the Agency has been making efforts over the past many months to contact the owner of the Property as part of the Agency's preliminary planning and study of a proposed redevelopment project referred to as the "Mercado Santa Fe Project" and the selection of a qualified developer to undertake such a project The initiation of the Mercado Santa Fe Project could affect the Property. Our records indicate that the Agency has made a sustained effort to contact the owner of the Property and to inform the owner of potential plans for its redevelopment The Agency's effo~ include the correspondence with has been assembled and enclosed for your reference with this letter. One of the attached items of correspondence from March 2003, contains a notice and 201 North E Stree~ Suite301-San BemartJlno. CeIifomia 92401-1507-{909) 663-1044 -Fax (909) 888-9413 www.sanbeman:fino.eda.OIJ1. James Oronoz . July 14, 2004 Page 2 invitation to the owner of the Property to participate in an enviromnental impact report scoping meeting for the Uptown Redevelopment Plan Amendment. As we explained to you on June 29, 2004, the Property Owner contact information avaiJ!!!>le to the Agency comes from the property tax payer mailing address information which we obtain from the San Bernardino County Assessors and County Records. The Agency has sent various items of correspondence notices of redevelopment activity to the following addresses which we obtained for the Property Owner: P.O. Box 2444 Corona, CA 91718; 314 N Robertson Court Placentia, CA 92870; 961 E Torrey Pines Place Placentia, CA 92870; P.O. Box 1365 Placentia, CA 92871. In the future the Agency will send correspondence and notices to the owner of the Property and to you, as his representative, at the following address: P.O. Box 3827 La Habra, CA 90632. In addition, the Agency will continue to address correspondence and notices of redevelopment activity affecting the Property, as required by law to the address to which the County Tax Collector mails the annual property tax bills for the Property. In our discussions you also informed us that Mr. Kovats had recently received an offer to purchase the Property, from the Arthur Pearlman Corporation. Although you did not indicate the specific price or terms included in such an offer, you stated to us your view that the offer was low. You also informed us on behalf of Mr. Kovats you would not accept that offer. We also discussed the Enviromnental Impact Report (EIR) with you during our meeting on June 29, 2004, and after you reviewed the conceptual site plan for the Mercado Santa Fe Project that was included in the EIR, you stated that you could possibly put together a better concept for the development of the site than the one provided to the Agency by Arthur Pearlman Corporation. As Ms. Pacheco stated during our meeting with you, the Agency has not made any specific . \ commitment to anyone concerning the potential redevelopment of the Mercado Santa Fe Project or the Property, and the owner of the Property is encouraged to submit proposal for redevelopment of the Property and nearby lands if you believe filch redevelopment is feasible. The Agency staff currently believes that a substantial investment of both private and public capital is required in Subarea B of the Uptown Redevelopment Project and in particular on the Property in order to correct existing conditions of blight in the project area. Ms. Pacheco has also inquired as to whether your principal would be interested in selling the Property to the Agency. You stated during our office meeting that you believed your principal does have such an interest in selling the Property if the price was fair and reasonable. In that regard, Ms. Pacheco stated that the Agency staff are prepared, to obtain an appraisal of the Property at the present time, and is also prepared, subject to the concurrence of the governing board of the Agency, to make an offer to purchase the Property for its current appraised fair market value in its current "as is "condition subject to all leases and existing occupancies. She also stated that separately from any such offer to purchase the Property, the Agency would be respoDSlole for relocating the existing tenants, and that the owner of the Property would not need to be concerned with causing any of the existing tenants to terminate their occupancy before the time when the Agency would be prepared to pay the agreed upon purchase price for the Property 1:........ ~~h.. Als.uI'c,K.-.(o.a..)..Ic:Ucr.6-2t1Lev3.dDc James Oronoz July 14,2004 Page 3 to the owner. AE. we agreed during our meeting. I am enclosing for your review a copy of the Draft Environmental hnpact Report (OEIR) and the Final Environmental hnpact Report (FE~Uor the Uptown Redevelopment Plan Amendment and copies of certain items of correspondence which the Agency has previously sent to the owner of the Property. In closing, we look forward to working with you as Mr. Robert Kovats' representative. I f you have any question concerning this matter, please contact me at (909) 663-1044. Sincerely, ~ Mike Trout Project Manager cc: Gary Van Osdel, Executive Director (w/o enclosures) Maggie Pacheco, Deputy Director (w/o enclosures) Robert L. Kovats File Enclosures: May IS, 2001 letter July 16, 2002 mailer August 27, 2002, mailer I December 10, 2002, mailer February 10,2003, mailer no. 1 February 10,2003, mailer no. 2 February 10, 2003, mailer no. 3 March 12, 2003, mailer no. 1 March 12, 2003, mailer no. 2 March 12,2003, mailer no. 3 June 19,2004, notice of joint public hearing ~th,A'~1 ...d .......EowIllI(o.c-)........WtItft3.doc Written Response and Finding To Oral Objection Presented by Diem N. Mach Mr. Diem N. Mach presented oral testimony at the joint public hearings on July 19, 2004. A verbatim transcription of the testimony submitted by Mr. Mach is included in Attachment No. 1 (Oral Objection No.6). Mr. Mach occupies certain commercial property as a tenant' of either Mr. James Oronoz (See Response to Oral Objection of James Oronoz, above) or Mr. Robert L. Kovats who is the owner of the El Tigre Market Property. Mr. Mach received mailed notice of the joint public hearing as the "Occupant" of1224 West Second Street. Mr. Mach does not actually present an objection in his testimony. However, Mr. Mach does express a concem that he may be displaced as a business tenant from 1224 West Second Street as a result of potential redevelopment activity by the Agency. ResDonse to Comments of Mr. Diem N. Mach: Mr. Mach's attention is directed to the Written Response and Finding provided to the oral objection of Mr. James Oronoz, which appears above. At this time, the Agency has not approved any plan or action which would require the displacement of the commercial business occupancy of Mr. Mach at 1224 West Second Street. However, the Agency is studying the conceptual redevelopment proposal for the Mercado Santa Fe Project which is also generally described in the Written Response and Finding to Mr. James Oronoz. In addition, a description of the conceptual redevelopment proposal for the Mercado Santa Fe Project is described in the Program ElR for the Uptown Project Area. The attention of Mr. Mach is also directed to the materials in Attachment No. 4 which describe the Agency property acquisition policies and practices. Commercial businesses also qualify for relocation assistance payments if the Agency undertakes a redevelopment program which results in the displacement of the business. As a general rule, an established business such as the one conducted by Mr. Mach, qualifies for a minimum relocation assistance payment of $20,000. (See Goverurnent Code Section 7262 and 25 Califomia Code of Regulations Section 6100). Additional sums of relocation assistance payments could be payable to Mr. Mach for the actual cost to move a particular business, including all of its inventory and operating equipment, the cost to obtain permits to operate at a new location, the cost to install improvements at the new location to accommodate the business and other expenses. Relocation assistance payments are in addition to other sums which the Agency may be required to pay a business which is displaced by a particular project, such as any potential loss in value of the "business goodwill" of the particular business. The calculation of the amount of such relocation assistance benefits varies from business to business based upon the particular facts. Since the determination of the amount of commercial relocation benefits is dependant on so many factors and since the longer period oftime a business has to plan a potential move, 4820-4987-5456.\ 29 the less the actual cost of the move may be, it is the policy of the Agency to consult with a particular business which may be relocated as far in advance of a displacement as possible. Before any project is approved by the Agency which could result in the displacement of Mr. Mach's business, including the Mercado Santa Fe Project, the Agency will give Mr. Mach written notice of the time and date when the Agency will consider the approval of such a project. However, the reinstatement of the Agency's power to acquire land in the Uptown Project Area does not mean that the Agency will in fact move forward with the Mercado Santa Fe Project, or acquire the EI Tigre Market Property or compel Mr. Mach to relocate his business, either into the Mercado Santa Fe Project or move his business to another address. A separate and additional public hearing would be necessary before such action could be taken by the Agency which may result in the displacement of Mr. Mach's business. As outlined above, if the Agency may later approve a project which requires the displacement of Mr. Mach's business, Mr. Mach will be eligible to claim certain relocation assistance benefits. Depending on the terms of this store lease with Mr. Oronoz, Mr. Mach may also be entitled to receive a portion of the Agency's payment for the purchase of the property as the "leasehold value" of the remaining term of this business lease. Furthermore, a business which is displaced by the Agency qualifies to receive relocation assistance payments as a separate item of compensation - in other words, the l'llldlord cannot claim any part of the tenant's relocation benefit payment. The commercial business tenant qualifies for such a payment regardless of whether the tenant has a month-to-month lease or whether the tenant has a multi-year lease. Findinl!: Based on the response set forth above, the testimony presented at the joint public hearing from Agency Staff, Redevelopment Cousultant, Agency COWlSel, the other evidence contained in the Section 33352 Report for the Uptown Project Area and this Written Response and Finding, the Council hereby finds that the redevelopment activities which may be undertaken by the Agency following the amendment to the Redevelopment Plan for the Uptown Redevelopment Project shall comply with all applicable law. The information set forth in the Section 33352 Report for the Uptown Project Area demonstrates that conditious of blight remain in the Uptown Project Area and that the reinstatement of the Agency's eminent domain power in the Uptown Project Area is warranted at this time. The Agency has made no determination to displace the business operations of Mr. Mach. If the Agency may in the future undertake the acquisition of any property in the Uptown Project Area, including without limitation the EI Tigre Market Property, each affected property owner, or displaced business or tenant residing on any land which the Agency may hereafter seek to acquire by negotiated purchase or by condemnation will be entitled to receive relocation benefits and each business tenant under a multiple-year lease will be entitled to receive fair market value for the leasehold interest of the business as provided by all applicable law. The Council also notes that Owner Participation Rules for the Uptown Project Area contain significant and effective 4820-4987-5456.1 30 protection for each business tenant on the EI Tigre Market Property who may wish to remain as a tenant within a new and redeveloped project or alternatively to each business which may elect to relocate to another address either inside the Uptown Project Area or elsewhere in the community at a location which is reasonably suitable to the continued operation of such a business. The Council further finds that each of the current business occupants of the EI Tigre Market Property, including Mr. Mach, have been given adequate prior notice of the joint public hearing on the amendment to the Redevelopment Plan for the Uptown Redevelopment Project. The oral objection presented by Mr. Diem N. Mach is hereby overruled. 482ll-4987-5456.\ 31 Written Response and Finding To Oral Presentation Submitted by Jason Desjardins Mr. Jason Desjardins presented oral comments at the joint public hearings on July 19, 2004. A verbatim transcript of the comments presented by Mr. Desjardins is included in Attachment No. I (Oral Objection No.7). Mr. Desjardins states that he is an owner of several parcels of land. These parcels are located in Subarea B of the Uptown Project Area. Mr. Desjardins states that he is neither for nor against the amendment to reinstate that Agency's condemnation power in the Uptown Project Area. However, Mr. Desjardins expresses an interest in being informed of any specific plans which the Agency may propose in the future for the redevelopment of the property he described in his oral testimony. Response to Inquiry of Mr. Desjardins: The Agency has no plans to acquire any of the parcels which Mr. Desjardins described in his testimony. However, the Agency does note that the State of California may in the future seek to acquire for 1-215 freeway right-of-way widening purposes some portions of the vacant parcels of land located on the east side of "I" Street directly opposite from the improved property which Mr. Desjardins owns at 274 North "I" Street. However, neither the City nor the Agency is involved with any such 1-215 freeway right-of-way acquisition by the State of California. The Agency is not the sole entity which formulates or proposes activities for the elimination of blight in the Uptown Project Area. Current property owners and businesses are encouraged to submit proposals for the redevelopment of the property and nearby lands to the Agency. If Mr. Desjardins is interested in participating with the Agency in the redevelopment of his property or lands adjacent to his property, he is urged to contact Mr. Mike Trout, Redevelopment Project Manager at the address indicated in the notice of joint public hearing for the Uptown Project Area. If he is contacted, Mr. Trout can provide any interested property owner or business tenant with a suitably detailed explanation of the types of redevelopment assistance which the Agency may be able to provide in a particular situation. Mr. Trout can also describe the type of information which Mr. Desjardins will need to submit to the Agency which sets forth a proposal for a specific redevelopment program on the part of the property owner. Once such a specific plan for redevelopment of the property is submitted to the Agency by the owner, the Agency can review the proposal and determine whether it is feasible and whether the Agency can in fact assist the property owner to accomplish the redevelopment of the property under the terms of a written "owner participation agreement" by and between the property owner and the Agency. 4820-4987-5456.1 32 A goal of the Redevelopment Plan for the Uptown Redevelopment Project is to encourage existing business property owners and business tenants to make capital investments in their property and expand their businesses in the Uptown Project Area. Findinl!: Based on the response set forth above, the testimony presented at the joint public hearing from. Agency Staff, Redevelopment Consultant, Agency Counsel, this Written Response and Finding and the other evidence contained in the Section 33352 Report for the Uptown Project Area, the Council hereby finds that the redevelopment activities which may be undertaken by the Agency following the amendment to the Redevelopment Plan for the Uptown Redevelopment Project shall comply with all applicable law. The information set forth in the Section 33352 Report for the Uptown Project Area demonstrates that conditions of blight remain in the Uptown Project Area and that the reinstatement of the Agency's eminent domain power in the Uptown Project Area is warranted at this time. The Agency has no current plan to acquire the property owned by Mr. Desjardins by negotiated purchase or with the use of eminent domain. However, the Agency may have the necessity to acquire such property in the future, after further notice has first been given to the property owner to facilitate the redevelopment of the Uptown Project Area If the Agency may in the future undertake the acquisition of any property in the Uptown Project Area, each affected property owner and business tenant on any land which the Agency may hereafter seek to acquire by negotiated purchase or by condemnation will be entitled to receive relocation benefits, and in addition to relocation benefits, the owner of the property will be entitled to receive fair market value for any property acquired by the Agency as provided by all applicable law. The Council also notes that Owner Participation Rules for the Uptown Project Area contain significant and effective protections for each property owner and business tenant in the Uptown Project Area regarding prior consultations with the Agency concerning any potential purchase of the property by the Agency. To the extent that the oral testimony presented by Mr. Jason Desjardins may be construed as an oral objection to the adoption of the amendment to the Redevelopment Plan for the Uptown Redevelopment Project such oral testimony is hereby overruled. 48204987-5456.1 33 Written Response and Finding To Oral Objections Presented by Guillermo Corona Mr. Guillermo Corona presented oral comments at the joint public hearings on July 19, 2004. A verbatim transcription of the comments presented by Mr. Corona is included in Attachment No. I (Oral Objection No.8). Mr. Corona states that he is a renter and resides in Uptown Subarea B. Mr. Corona does not appear to have an objection to the reinstatement of the Agency's condemnation power in the Uptown Project Area In point of fact, Mr. Corona is concerned that the general neighborhood in which he resides appears to be neglected and in need of repair and maintenance. Response to Testimonv Presented bv Mr. Corona: Mr. Corona is interested in the redevelopment of his neighborhood and the Council thanks Mr. Corona for briuing to its attention the fact that certain lands and areas in Uptown Subarea B require maintenance and improvement. Although the Agency has no current plans to acquire the property on which Mr. Corona resides, the Section 33352 Report for the Uptown Project Area indicates that conditions of blight are present in the Uptown Project Area, including Uptown Subarea B. Findinl!: Based on the response set forth above, the testimony presented at the joint public hearing from Agency Staff, Redevelopment Consultant, Agency Counsel, the other evidence contained in the Section 33352 Report for the Uptown Project Area and this Written Response and Finding, the Council hereby finds that the redevelopment activities which may be undertaken by the Agency following the amendment to the Redevelopment Plan for the Uptown Redevelopment Project shall comply with all applicable law. The information set forth in the Section 33352 Report for the Uptown Project Area demonstrates that conditions of blight remain in the Uptown Project Area and that the reinstatement of the Agency's eminent domain power in the Uptown Project Area is warranted at this time. If the Agency may in the future undertake the acquisition of any property in the Uptown Project Area, including without limitation the property on which Mr. Corona resides, each affected property owner, and each residential tenant residing on any land which the Agency may hereafter seek to acquire by negotiated purchase or by condemnation will be entitled to receive relocation benefits and the property owner will be entitled to receive fair market value for the property as provided by the CRL and all applicable law. To the extent that the oral testimony presented by Mr. Guillermo Corona may be construed as an oral objection to the adoption of the amendment to the Redevelopment Plan for the Uptown Redevelopment Project, such oral testimony is hereby ovenuled. 48204987-5456.1 34 Written Response and Finding To Oral Objection Presented by Shade Awad Mr. Shade Awad presented oral comments at the joint public hearings on July 19, 2004. A verbatim transcription of the comments presented by Mr. Awad is included in Attachment No.1 (Oral Objection No.9). Mr. Awad expresses a concern that the reinstatement of the Agency's eminent domain power in the Uptown Project Area could adversely affect his family business if the Agency decides to acquire the property. Mr. Awad expresses a concern that his family and he may not be able to plan for the future if the Agency may reinstate its condenmation power. Response to Concerns of Mr. Awad: The business operated by Mr. Awad and his family at 685 West Baseline Avenue is situated in an attractive and well maintained small strip commercial shopping center. Unlike many of the other business property locations near to the Mr. Awad's store, all of the commercial store space in Mr. Awad's small strip commercial shopping center is occupied by various businesses which appear to be successful and which provide important services to the community. If the other commercial properties near Mr. Awad's place of business had the type of commercial business tenants and maintained their property in a similar condition, conditions of blight in the Uptown Project Area would be dramatically reduced. The small strip shopping center in which Mr. Awad's business is located is well planned, has adequate on-site vehicle parking (unlike many other nearby strip commercial properties) and enjoys good access and vehicle traffic circulation between the adjoining public streets and the property because of the newer site plan of design which takes into consideration vehicle traffic and circulation issues. Since the strip shopping center in which Mr, Awad's business is located is well planned and designed and maintained particularly in comparison to other nearby properties, it is not surprising that after many years of hard work Mr. Awad has a successful and vital business. The Agency has no current plans to acquire the property in which Mr. Awad's business is located. The property on which Mr. Awad's business is located is not blighted. Not all property included in a redevelopment project area must be blighted. The very nature of the designation of redevelopment project area boundaries often times requires that non- blighted property be included with blighted property so that all property (both blighted and non-blighted property) can be benefited by redevelopment programs. The attention of Mr. Awad is directed to the written materials assembled in Attachment No.4 which provide an explanation of the Agency's property acquisition policy and programs. 4820-4987-5456.1 35 Findinl!:: Based on the response set forth above, the testimony presented at the joint public hearing from Agency Staff,. Redevelopment Consultant, Agency Counsel, the other evidence contained in the Section 33352 Report for the Uptown Project Area and this Written Response and Finding, the Council hereby finds that the redevelopment activities which may be undertaken by the Agency following the amendment to the Redevelopment Plan for the Uptown Redevelopment Project shall comply with all applicable law. The information set forth in the Section 33352 Report for the Uptown Project Area demonstrates that conditions of blight remain in the Uptown Project Area and that the reinstatement of the Agency's eminent domain power in the Uptown Project Area is warranted at this time. The Agency has no current plan to acquire the property on which Mr. Awad conducts his business operations by negotiated purchase or with the use of eminent domain. However, the Agency may have the necessity to acquire such property in the future, after further notice has first been given to the property owner to facilitate the redevelopment of the Uptown Project Area. If the Agency may in the future undertake the acquisition of any property in the Uptown Project Area, each affected property owner, or displaced business or tenant residing on any land which the Agency may hereafter seek to acquire by negotiated purchase or by condemnation will be entitled to receive relocation benefits and the property owner will be entitled to receive fair market value for the property as provided by the CRL and all applicable law. The Council also notes that Owner Participation Rules for the Uptown Project Area contain significant and effective protections for each business tenant who may wish to remain as a tenant on commercial property which the Agency proposes for acquisition and redevelopment or who alternatively may seek to relocate to another address either inside the Uptown Project Area or elsewhere in the community at a location which is reasonably suitable to the continued operation of such a business. The oral objection presented by Mr. Shade Awad is hereby overruled. I , 4820-4987-5456.1 36 Written Response and Finding To Oral Objection Presented by Jay Lindberg Mr. Jay Lindberg presented oral comments at the joint public hearings on July 19, 2004. A verbatim transcription of the comments presented by Mr. Lindberg is included in Attachment No.1 (Oral Objection No. 10). In his comments Mr. Lindberg does not indicate which of the two redevelopment plan amendments his concerns are focused. Mr. Lindberg does not appear to either own property or reside in either of the Project Areas. However, Mr. Lindberg does appear to be concerned with groundwater contamination issues which could potentially effect both the Uptown Project Area as well as the Central City North Project Area. ResDonse to Concerns EXDressed bv Mr. Lindbere: Relatine: to Potential Contamination of Groundwater Resources: Mr. Lindberg is correct where he notes that potential groundwater contamination problems are present in the greater San Bernardino community area. The CRL also identifies environmental contamination problems as one of many different elements of blight which may affect property in a project area. (CRL Section 3303l(b)(l)). However, neither of the redevelopment plan amendments are being undertaken by the Agency in order to enable the Agency to assist with the clean-up of properties which contain hazardous waste or are the potential source of any groundwater contamination. The reinstatement of the Agency's power of eminent domain in both Project Areas is not being undertaken for the purpose of addressing groundwater contamination clean-up concerns. The Agency is not responsible for conducting such regional groundwater resource restoration programs. The proposed actions outlined in the Program Environmental Impact Report, i.e., reinstatement of eminent domain; the conceptual Mercado Santa Fe development; the General Plan amendment (zoning change) are not related to any groundwater pollution. There are no known sources of groundwater pollution in either the Central City North Project Area or Uptown Redevelopment Project Areas. Findine:: Based on the response set forth above, the testimony presented at the joint public hearing from Agency Staff, Redevelopment Consultant, Agency Counsel, the other evidence contained in the Section 33352 Reports for the Project Areas and this Written Response and Finding, the Council hereby finds that the redevelopment activities which may be undertaken by the Agency following the amendments to the redevelopment plans for the Project Areas shall comply with all applicable law. The information set forth in the 4820-4987-5456.1 37 Section 33352 Reports for the Project Area demonstrates that conditions of blight remain in the Project Areas and that the reinstatement of the Agency's eminent domain power in the Project Areas is warranted at this time. The oral objection presented by Mr. Jay Lindberg is hereby overruled. 4820-4987-5456.1 38 Written Response and Finding To Oral Objections Presented by Hope E. Durbin Ms. Hope E. Durbin presented oral comments at the joint public hearings on July 19, 2004. A verbatim transcription of the comments presented by Ms. Durbin is included in Attachment No. I (Oral Objection No. 11). Ms. Durbin is the owner ofmultifarnily dwelling property at 213 through 219 North "J" Street. This property is located in Uptown Subarea B and is also within the area affected by City General Plan Amendment No. 04-02. Ms. Durbin expresses a number of concerns in her comments. For the most part her concerns and comments are addressed or directed to what Ms. Durbin believes is a vague and ambiguous process. Ms. Durbin essentially wants to know"... what's going on... ?" Ms. Durbin also questions whether there is any reason to believe that the Agency will treat property owners fairly, if the Agency may seek to acquire property. Ms. Durbin also claims that although she did not receive notice of the joint public hearing, her residential tenants did receive such notice and that "...[the City and the Agency] pretty much are scaring our tenants out of their homes. Are they going to continue to pay rent. I don't know." ResDonse to Comments of Ms. HODe E. Durbin: As a preliminary matter, the Agency has no current plan to acquire the property at 213 through 219 North "f' Street by negotiated purchase or by eminent domain. As a second point which bears emphasis, residential tenants who are in breach of their rental agreements do not) qualify and are not eligible to receive relocation assistance benefits from the Agency if their landlord's property is acquired. As a practical matter, it is an exceeding rare situation in which a residential tenant will be late or withhold the payment of rent if that tenant's eligibility to receive relocation assistance payments is jeopardized. (See Agency property acquisition and relocation assistance policy materials included in Attachment No.4). The reinstatement of the Agency's condemnation power in the Uptown Project Area does not necessarily mean that any property in the Uptown Project Area will ever be acquired by the Agency by eminent domain. The Agency's power to acquire property by eminent domain lapsed in the Uptown Project in 1998. In the twelve (12) years preceding 1998, the Agency did not acquire any property in the Uptown Project by eminent domain. However, the potential use by the Agency of its eminent domain power to acquire property in the future could assist the Agency to eliminate and prevent the spread of blight in the Uptown Project Area. In view of the fact that conditions of blight persist in the Uptown Project Area as documented in the Section 33352 Report for the Uptown Project Area, it is appropriate for the Agency to consider the reinstatement of the power of eminent domain to assist the Agency to eliminate and prevent the spread of blight. 4820-4987-5456.1 39 The procedures which the Agency follows in acqumng property are set forth in Attachment No.4. There are a number of features which are part of the Agency's property acquisition policies which provide assurance that property owners will be treated fairly anytime the Agency may seek to acquire their property. In addition, interested property owners are invited to consider whether they may wish to enter into an Owner Participation Agreement with the Agency as relates to the redevelopment and use of their property. As stated above, the Agency has no current plan to acquire the property owned by Ms. Durbin. If Ms. Durbin has a proposal for the redevelopment of her property, including other lands, she is invited to submit a written proposal to the Agency. In light of the City's approval of General Plan Amendment No. 04-02 (changing the land use designation of her property from industrial to commercial ,and office/professional), Ms. Durbin, as well as other property owners, may wish to consider entering into an agreement with the Agency for the study of a specific plan for the redevelopment of her property for that new land use classification. If Ms. Durbin has questions regarding the process of submitting a specific redevelopment proposal to the Agency she is invited to contact Mr. Mike Trout at the address indicated in the notice of joint public hearing for the Uptown Project Area. Ms. Durbin expresses a degree of frustration in her comments with the length of time and complexity required for accomplishing the redevelopment process. However, the redevelopment process is lengthy in large part because public participation is at its center. The redevelopment process may appear to be complex because the rights of property owners and tenants must be respected and protected. Finally, Ms. Durbin expresses a concem that the Agency failed to give her notice of the joint public hearing. However, as summarized in Attachment No.3, the Agency did in fact mail notice of the joint public hearing to the most current address on the County property tax records for the owner of the property. In addition, the Agency also sent separate notice by mail to each of the tenants or residents who live on the property. It appears that one or more of Ms. Durbin's tenants did contact her about the notice of joint public hearing which the tenants received from the Agency. Findinl!: Based on the response set forth above, the testimony presented at the joint public hearing from Agency Staff, Redevelopment Consultant, Agency Counsel, the other evidence contained in the Section 33352 Report for the Uptown Project Area and this Written Response and Finding, the Council hereby finds that the redevelopment activities which may be undertaken by the Agency following the amendment to the Redevelopment Plan for the Uptown Redevelopment Project shall comply with all applicable law. The information set forth in the Section 33352 Report for the Uptown Project Area demonstrates that conditions of blight remain in the Uptown Project Area and that the reinstatement of the Agency's eminent domain power in the Uptown Project Area is 4820-4987-5456.1 40 warranted at this time. The Agency has no current plans to acquire the property situated . at 213 through 219 North "J" Street by negotiated purchase or by eminent domain. However, the Agency may have the necessity to acquire such property in the future, after further notice has first been given to the property owner to facilitate the redevelopment of the Uptown Project Area. If the Agency may in the future undertake the acquisition of any property in the Uptown Project Area, including without limitation with Uptown Subarea B, each affected property owner, or displaced business or tenant residing on any land which the Agency may hereafter seek to acquire by negotiated purchase or by condemnation will be entitled to receive relocation benefits and the property owner will be entitled to receive fair market value for the property as provided by the CRL and all applicable law. The Council also notes that Owner Participation Rules for the Uptown Project .Area contain significant and effective protection for each property owner in the Project Area. The Council further finds that Ms. Durbin as the owner of the property located at 213 through 219 North "]" Street has received adequate prior notice of the joint public hearing on the amendment to the Redevelopment Plan for the Uptown Redevelopment Project. The oral objection presented by Ms. Hope E. Durbin is hereby overruled. 4820-4987-5456.1 41 Written Response and Finding To Oral Objection Presented by Martha Reyes Ms. Martha Reyes submitted oral comments during the joint public hearings on July 19, 2004. A verbatim transcription of the comments of Ms. Reyes is included in Attachment No. I (Oral Objection No. 12). Ms. Reyes owns the property at 244 North "J" Street. This property is located in Uptown Subarea B. Ms. Reyes is a homeowner. In her comments, Ms. Reyes wonders whether the Agency may ever acquire her property, how can she be sure that she will be treated fairly by the Agency and how can she be confident that just compensation will be paid to her for her home. Response to Comments or Ms. Martha Reves: The Agency has no current plans to acquire the property located at 244 North "J" Street. The property acquisition policies and procedures of the Agency are summarized in Attachment No.4. As described in the written response to the comments of other persons who provided testimony at the joint public hearings, the Agency's land acquisition policies and procedures provide property owners with assurance that they will be treated fairly by the Agency and the Agency will pay fair market value for any property which it acqurres. Findinl!: Based on the response set forth above, the testimony presented at the joint public hearing from Agency Staff, Redevelopment Consultant, Agency Counsel, the other evidence contained in the Section 33352 Report for the Uptown Project Area and this Written Response and Finding, the Council hereby finds that the redevelopment activities which may be undertaken by the Agency following the amendment to the Redevelopment Plan for the Uptown Redevelopment Project shall comply with all applicable law. The information set forth in the Section 33352 Report for the Uptown Project Area demonstrates that conditions of blight remain in the Uptown Project Area and that the reinstatement of the Agency's eminent domain power in the Uptown Project Area is warranted at this time. If the Agency may in the future undertake the acquisition of any property in the Uptown Project Area, including without limited the portion of Uptown Subarea B affected by City General Plan Amendment No. 04-02, each affected property owner, or displaced tenant residing on any land which the Agency may hereafter seek to acquire by negotiated purchase or by condenmation will be entitled to receive relocation benefits and the property owner will be entitled to receive fair market value for the property as provided by the CRL and all applicable law. The oral objection presented by Ms. Martha Reyes is hereby overruled. 4820-4987-5456.1 42 AITACHMENT"I" TRANSCRIPT OF ORAL OBJECTIONS RECEIVED AT THE: JULY 19, 2004 JOINT PUBLl,C HEARING FOR THE AMENDED & RESTATED REDEVELOPMENT PLAN FOR THE CENTRAL CITY NORTH PROJECT AREA AND THE AMENDMENT TO THE UPTOWN REDEVELOPMENT PROJECT AREA PLAN AND THE SECTION 33352 BLIGHT REPORTS TO THE MAYOR AND COMMON COUNCIL FOR THE CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA AND THE UPTOWN REDEVELOPMENT PROJECT AREA 482ll-4987-5456.\ 43 WRITTEN OBJECTIONS THE CLERK: Three letters, one dated July 17th, 2004, from a Mr. Paul Adams, 1156 North "F" Street, second letter is dated July 18th, 2004, from Ghassan Norman Abdullah and family, 1129 North "F" Street, the third letter is dated July 17th, from Deanna H.P. Adams, Ph.D., at 1156 North "F" Street, San Bernardino, California. ORAL OBJECTION NO.1 MS. ADAMS: Thank you, Mayor" and Common Council. My name is Deanna Adams. My residence is 1156 North "F" Street. I reside there and have been so for 20 years here in San Bemardino. I would object to the eminent domain for the Central City for Redevelopment Project. TIlls objection to the eminent domain Center City North Redevelopment Project, the City of San Bernardino, has targeted our area. That's also my area for eminent domain. In order to acquire our property in business and displaces from the place we live, own, or earn our livelihood. I believe eminent domain is an injustice forced upon the free enterprise nature to the constitution. Eminent domain is interfering with the process of free enterprise and democracy. The only appropriate manner eminent domain may be viewed democratically is if it's for agreeing to such an act. I have been a citizen of San Bernardino for 20 years leaving an affluent and desired area. I make a difference in our environment. I came here to make a difference, and I did so. I was 37 years old, and my son, 15. I attracted people from allover our neighboring cities to Victory Chapel. Our chapel is the beacon in our neighborhood, and in spite of the low income I have. received for 20 years -- and I tell you that is low income -- I've been faithful to the ministry, and I've established goodwill. I believe the goodwill of Victory Chapel was significant for all these years to sooth the negative energy or hardness in the environment and changes for 20 years, despite the blight, as you say. Victory Chapel is an example of free enterprise, vision and goodwill. Further, now, the City of San Bernardino has increased real estate values in excess of 57 percent, and the population has grown in excess of 37 percent since 1999. These are indicators of prosperity, not blight. The population growth and real estate boom 4814,3501-6448.1 1 to help get rid of the blight in your area, dispositive changes is a result of dedication, goodwill, and a desire to make a difference in the beloved City of San Bernardino. I look forward to harvesting from seeds I've sown for 20 years. And as I have mentioned to you before, I made very little money in those 20 years, but I was there as a beacon in the neighborhood. Our chapel is beautiful, and we have done many, many services. As a matter of fact, our chapel is more beautiful than the most infamous chapel, Edwards Mansion. However, it is area, area, area But I stayed and made the place different, a change. So I look forward in partakiIlg into the future of our beautiful San Bernardino in her prosperity. Why should I be outcasted and given the boot after I've been so loyal for 20 years. The future is not blight, it's bright. And I see an alternative, perhaps, through education, that we can educate the people in the area to make a difference. The people should be inspired to engage in free enterprise system and stimulate growth for profit and also goodwilL This City has shown very little effort to simulate and . engage free enterprise in our particular area. I'd like to concluded that I did not receive a letter in the maiL I contacted the Redevelopment - the gentleman that is sitting there -- I'm a little bit nervous. I forgot his name -- and he did send me one in the maiL And our Vietnamese neighbors also at church did not understand the letter, couldn't understand the language. And our Spanish neighbors could not find an interpreter. So here we are in a neighborhood that is mixed with religions, cultures, languages, and we need clarity and simplicity in addressing issues regarding the essence of their lives. As I mentioned to you before, I've been there for 20 years, . and I made very little money. And I'm not poor, but I love the ministry. Because making a difference in people's lives and -- in the area, that's what I'm all about. If I can do that as an example, you can inspire other people to do the same. I'm just human. Everyone has the same heart and same desires. Thank you very much for listening. ORAL OBJECTION NO.2 MR. ABDULLAH: Yes. Good afternoon, Mayor Pro Tern and Members of the City CounciL My name is Ghassan Norman Abdullah. I reside at 1129 North "F" Street, San Bernardino, 4814-3501-6448.1 2 92410. Honorable Mayor and Members of the Common Council, we, the Abdullah Family, and other members of your community, our neighbors in Uptown Subarea A, are writing this letter to make a formal -- we're objecting to the reinstatement of eminent domain in the Central City North Redevelopment Project. I'd like also like to comment briefly on the Environmental hnpact Report. We believe that taking our homes and displacing our elderly parents who are on fixed income and disabled is morally wrong and unconstitutional, because it infringes upon our right of pursuit of happiness. And do not -- we do not deserve -- this does not serve the overall greater public good. You claim that it is to eliminate blight in this area. We challenge this notion, since it's the City itself that sets the standards and defines what is blight as they see fit, in order to achieve the overall goal of acquiring property at a low cost. We think the real reason for -- behind this project is to increase overall tax revenues as a fix for an ailing City budget and possibly other fiscal matters. We urge you to remove this label of "blight" from our area, Uptown Subarea A, where we live and work, and to promote more home ownership and improvements, not chase us and our families away. This redevelopment project is unconstitutional as it preys on the less fortunate and on the weak with limited resources who are unable to defend themselves. It takes one man's property and gives it to the wealthy real estate developer or other investors who have more money. Who are these developers anyway? Is this a secret? Shouldn't this information be disclosed to the residents and citizens of San Bernardino? What is the exact plan? Your constituents needed to know this. We do take pride in our community, homes and businesses, and we urge you to reject this development project and end in the reinstatement of eminent domain. We do not want to be uprooted from thesehomes and displaced, nor do we want to have the cloud of eminent domain reign over us and adversely affect our lives, goals and future plans. I would like to have comment on the Environmental Impact. I did read it. I do believe that it is incomplete, inadequate, and not thorough enough as it leaves many issues that are not even addressed or answered. For example, how many disabled citizens are impacted? Children? Elderly living on fixed income, and other low income residents who will be displaced by this project? What about. the impact of the number of 4814-3501.{)448.1 3 business that will be lost, in the number of jobs that will be lost as a result of this? In addition to an estimated revenue lost, and how about the impact of the current unemployment rate? What about the number of churches that will be impacted and the exercise of free religion? We know of at least five churches we have spoke with that will be impacted by this. What is the impact of this project on local flora, for example, and the dispersion of new entities, such as the West Nile Virus? None of these were addressed by RSG Consultants. This dust dispersion, also their impact on the prevalence of respiratory elements, of which many of our citizen have. Also, many other factors such as the impact of high intensity noise levels greater than 60 decibels . which may be quite harmful themselves. In summary, the EIR report has many flaws and gaps. And I thank you for giving me this opportunity to be heard~ ORAL OBJECTION NO.3 Reverend Paul Adams MR. ADAMS: Good afternoon, Mayor Pro Tem, City Council members. I am here to, of course, raise my objection to the reinstatement of eminent powers upon the redevelopment area. I would also like to say that I'm one of the individuals who will be affected by this course of action that the City plans on taking. See, it's one of the whole politician's favorite choices and lawyer's favorite choices of tricks to use fuzzy math when they put together these reports. They use statistics that really only show one side of the story. It doesn't show the story of the people, the story of the business of the proposed areas. We have lived at 1156 under the acts of eminent domain for five years, and you ask us to live under it again for 12 more years. If it is my civic duty to live under this action, then I'll bear this burden; however, it does interfere with my pursuit of happiness, my pursuit to know where I'm going to be next week, next year, next month, is affected by this decision. Another 12 years of my life where I don't know where I'll be next week. The EIR incorporates the use of statistics that are questionable at best. The ERA states the project area has a higher percentage of disrepaired buildings, higher crime rates, and more civil code or code violatious. Much like Enron, who uses their numbers to promote 4814-3501-6448.\ 4 themselves, the City is the main person who gets its statistics. If they want more code violations, you just send more inspectors to that area. If you want more police or you want more arrests, you simply send more police to that area. It's simple. Pins these areas that you are engaging in are major thoroughfares through the state or to the City of San Bernardino. But all those being aside, I think that the most important thing that we have to consider when dealing with the idea of eminent domain against people, against businesses, is the most important reason. And that is the reason why I'm here today. It is for the City or the people who live in the City of San Bernardino. And I drive through the City. I do not see the blight that is what our RSD, or whatever consultant decides he deemed as blight. Being from Santa Ana, I'm sure he has a different idea of what blight is than I so. Because I see people who are working and toiling hard to put their children through school. I see the people from different cultures, from the Vietnamese church across the street from where we're at to the Central American church who escaped religious persecution in their own land to come here to build a church to get people to come to their services, and they're going to be asked to leave. I see the poor masses who work hard coming from different countries. I always see the poor masses of people who might not have all the benefits that other people have working hard to make this place great. I see the smile on that small business owner who filing pays off his mortgage to his business and is able to see the dreams of possibility of the future. I see light, I see hope. Most of all, I see America and what it stands for: The People. It is not what that - and again, even if you look at more of these big map, it's what I don't see. It's what I don't see that is really important to me in San Bernardino. I don't see in the middle of our downtown area, the middle of our City, another WaI-Mart, another Sam's Clubs, another high-rise which takes away from individual people and gives money to out-of-state developers for them to develop. Or probably think we've been here working hard to improve this place for. That these needs to be taken into consideration. Now I don't envy your jobs. None of you. You sit there, and you make decisions upon people's lives that effect every aspect of their lives. And I understand that it's not an easy job all the time. You have to do what you think is in your heart is best. But as for me, don't neglect the people of 4814-3501-6448.1 5 San Bernardino. They are our greatest resource that we have, more important than Sam Wal- Mart, more important than anybody else. They might have the money. They might have the power. They might have the ability to put that money into their community to make it a better place. But what happens to the individual business owner? What happeus to him? Does he work for Wal-Mart again? Maybe that's the whole state of our future. Maybe that's everywhere. Maybe that's just not San Bernardino. Maybe that's just the way it all is going to go. The business is going to take over everything, but now is our opportunity, and I urge the City Council Members to take this moment to think and reflect upon this, and to really take care of your small business owners. The people who care about this City who really -- it matters to them whether we go or whether we stay. God bless you all. ORAL OBJECTION NO.4 MR. ESMAT: My name is Abdel Esmat, and I'm living at 762 West Seventh Street, San Bernardino. I'm not here to add to whatever has been said. Whatever has been said, it's a lot, but I'm here to say that I'm with Sunsource Surgery Line, and I find out that in Califomia itself, they are 25 percent of the people of California, they have homes and houses. Twenty-five percent. That's all. And the rest is they are renting from different. And to have a house in California, it's really, really huge. It's not an easy. It's not an easy, especially for somebody's working so hard, and he has dream. He make his dream true. And he saw so many happiness in that little place he live was, and sees so much with their community. Living in the City and see the City change day after day and grow. And I don't believe that any plan, it will make the City so much different and actually, I had a thought in that City in the middle of that project. Ifwe assume that we have a museum for the best artist in the world on the wall, are they going to make this plan? Are they going to demolish that museum, or are they going to say, "No, we cannot touch that"? i can answer that for you. I'm sure they would leave that museum there because of the best art of the best people in the world. But there's something that's more than that. There's a dreams for those people. They live therein the community. I'm living day in, 4814-3501-6448.1 6 day out for those people. I have neighbors. We laugh. We communicate together. There is a lot of things, a lot of hope, a lot of dream, a lot of things. You cannot just demolate it. You cannot just say by one of the law we can demo late all your dreams in one second. You cannot take all the dreams out of all the happiness between those people in just by somebody saying, "Okay. We have that project." We don't have to have permission about that project. We never made notified about what's going on in that City exactly from A to Z. We just say, well, you are here to say whether you're going to get that or not, but I'm here to share with all those people that the ( thought and the agreement that I wish that if it's going to work, it's going to work the right way. And I don't know, if, you know, if it's going happen or not. I'm just part of something here, I tried to present it, and I hope it's going to work as the best for all these people. And thank you. ORAL OBJECTION NO.5 MR. ORONOZ: My name is James Oronoz, and I did take the oath. This is for 1212 West . Second Street in San Bernardino. And it's across from La Tigra, the market the first lady that was talking about on the other side. And I wanted to oppose the eminent domain, and I wanted to let you know that I've managed -- it's a large piece of property, a large piece of commercial , property. I've managed that property for over 20 years. I'm here to represent about 25 small business tenants that currently occupy that place and that had made their livelihood, and have their business there. When we came to that property, Stater Bros. moved out. They moved into a brand new building. That whole place was totally vacant. The only thing that was there was a Crown Drugs. And we got in there, and we started working. We tried to build that place up, and we tried to bring it back to life with minimal funds. We didn't have money to go ii1 and blockbuster and do a big thing, but we did the best we could, and think that we've done a fair job. It needs some work, and itneeds some fixing up, but that place has, in the last 10 or 15 years, has brought families there that have made their livelihood from that place. And then for me to hear this lady say that the city's going to come in and just tear everything down and even though they're going to build another market there, we already have a market there. We have a 4814-3501-6448.1 7 market that is viable to that type of an area, Mexican/American area. And it's a Mexican/American market. If you want to put a Best -- or Best Buy or Best Foods there, whatever, it's not going to work. And then, I want to say, you know, San Bernardino has a lot of new buildings sitting allover the place, and they're not doing anything for the City. Another new building over there, vacant new building, or vacant landis not going to help the City at all. So I ask that you, please reconsider eminent domain and reconsider what it is that you're planning on doing to that -- to that property. I also just want to comment -- and I have no expertise in this -- but how is it that people from Santa Ana, Van Nuys, Santa Monica, can come over hereto San Bernardino and tell us what's best for our City? It makes no sense to me. I mean, they're growing and they're viable out there. But I'm sure we have good companies right here in the City that would be able to do redevelopment or whatever. I'm not sure exactly. All I'm trying to say is that let's keep it in the City. MR. MC GINNIS: I wanted to ask one quick question for the man from La Tigra. MR. ORONOZ: Yes. MR. MC GINNIS: Did the redevelopment agency ever offer your business to participate in the redevelopment? MR. ORONOZ: I'm not aware of it. They did not come to my business or any of our businesses and offer us a chance to participate. MR. MC GINNIS: Because my understanding is that the La Tigra owner, the building owner, was offered, and we insisted - wait a minute -- we insisted, the Council did, insisted that they would participate in the project. And what we were told is that they didn't want to participate ill the project. MR. ORONOZ: That's very well -- that very well could be. I'm not aware of any of the other tenan~. I am the owner of the business next to it, and I was not asked to participate. MR. MC GINNIS: Okay. Thank you. MR. ORONOZ: I'm not sure if anybody else was. THE MAYOR: Thank you. 4814-3501-6448.1 8 MR. ORONOZ: And his reason, probably - and I've not talked to him about it-- but his reason probably for not wanting to participate is because the area, you know, it's hard to work with it. And it's a struggle to keep a business. MR.MC GINNIS: You know, under redevelopment, we will be offering that property again to the people who are there if they want to continue their business in that area. So they will get first -- first right at it, because we like to keep the flavor there, but we'd like to have new structures. MR. ORONOZ: Sure. Except the only difference will be the difference of paying $400 a month and paying $4,000 a month. ORAL OBJECTION NO.6 MRMACH: Hi. My name is Dean Mach. I'm from address 1224 West Second Street. llease the property from the Coronas. And 1 just wondering what's going to happen to that place. We have a lot of poop Ie in that place. And one week I hear somebody come over and said, "We're going to buy this property and going to smash it down." And I lease an extra unit next door to my business, so I have two right now. And 1 have a long lease with the Coronas. And - but I don't know what's going to be happening to me. And I need the answer. The Coronas doesn't even know when the City is going to tear it down. What's going to be next? That's all. ORAL OBJECTION NO.7 MR DESJARDINS: Good afternoon, Honorable Mayor and City Council. My name is Jason Desjardins. I'm a property owner close to vacant property, I can give you an AP number, 0134- 263-19, -20, c21, -22, -23, -26 and -27. It's across the street from a historical building or a building of historical value in 1913, before the Courthouse here, within a existing business, which I have interest in possibly getting involved with in the future. The question I have is, how soon is this project going to take place, that is, in your Lower Central North Project area? I cannot say that I am. for or against the project. I come from L.A. I lived there for 25 years, you know. ht most older areas over there, they do redevelopment where they give property owners 4814-3501-0448.1 9 incentive before they go in and they clean sweep it. And so we have Tippecanoe over here where they've done that. They put all the big buildings and Costcos, and everything else. How / degrees. I don't have a degree. I had graduated high school, but I employed 40 employees, is, in . my consideration and in President Bush) consideration, the backbone of America. Most 4814-3501-9448.1 10 businesses, this is what your tax base is from, the whole City of tax base comes from the smaller businesses. Yes, you get a lot of stuff from, you know, maybe Flesh Girls, or god knows what other Hospitality. There's a bunch of businesses over there. I guess my point is what are you guys planning on doing as far as these business, if you're going to take and push the housing out, or keep them up and put everything, I can't afford to buy another house into a housing project like they do in Los Angeles. That's not my business. And I'm a business owner. So I'm not here to negate that sort of movement. MR. MC GINNIS: I'll tell you, like in any HUD project-wise, you spoke up. He have about 80 houses that we had to displace. I found each and every single person who wished it, another home to live in, at a comparable rate. There was one gentleman who only managed three properties, and he believed that's all he could do. We found him three other properties to manage in trade for his properties. Those who wanted to be bought out were bought out. So we managed every single one of those people, and cared for every single one of them. And that project area, that happens to be in my area So I took the time with a lot of them myself to make sure. We have small businesses that are in our project area, and we'd like for them to stay here in San Bernardino. If they don't fit into the project that we're doing, we'd like to help them relocate to an area which they would be better served in the community. We have lots of places in San Bernardino. And -- but we believe that what redevelopment does is to try to bring up the level of the environment so that we will have greater participation for people who like to shop, and for people who would like to live. A lot of the project area will have new homes in it. We don't drive anybody away, then we have homeowner assistance. We have down payment assistance. We've low-interest loans to provide for them. All kinds of things. But it's all through redevelopment, and redevelopment funds. It's not something we can take out of the general fund. If you don't have a project, you can't get fund money, okay? So, these things will 4814-3501-6448.1 11 also help us to upgrade our City on an ongoing basis. Some of the houses from the project area were built here from the turn of the century, and so we have, you know, very, very old houses. It's something that we have to look at all the time about upgrading. And plus, we also have to look into how many times we have fire emergencies and police emergencies in a particular area. And one of the reasons for those emergencies, is how much is it costing the City to handle those emergencies? All of those things have been taken into consideration before we ever think we wanted to run into displacing people and moving them around. And so, you know, we've taken a lot of things into consideration when we think about doing a project here, a whole lot of them. MR. DESJARDINS: Sir, I find that very commendable, that right there you said about how , you're helping people to find comparable housing. That is very commendable. A lot of cities do not even take that into consideration because of the skyrocketing housing market. MR. MC GINNIS: Even the renters that were in the area, we give them $5,000 in relocation expenses to help them find another place to rent. THE MAYOR: Thank you. MR. DESJARDINS: I'm sorry, ma'am. I had a couple other questions. Mr. Derry, I don't know, you said you worked for Edison, was it? MR. DERRY: Yes. MR. DESJARDINS: Okay. I notice you've got a joke, or you're laughing. On Friday, our business was without power for about six hours, and we lost a considerable amount of revenue from Edison. What do you do about failing power lines to our area, because it's the oldest area in San Bernardino, as far as I understand? What are you guys going to be doing about that? THE MAYOR: Excuse me. I think the testimony we're taking has to be relevant to the issue that we're addressing. MR. DESJARDINS: This is part of the redevelopment plan. I'm a business or land owner in this business. Are you guys to go to be -- 4814-3SOl~.1 12 THE MAYOR: Don't take this personally. MR. DESJARDINS: No. I'm just asking questions. I'm just saying displacement in this area, and we are able to maintain our business in the area, is that going to be on voluntary basis, or is it going to be only elected by the occupants, or going to be elected by the land owners or what if the landowner wants to sell the land? Is the business going to be displaced? That's part of the -- I guess what we're asking. Thank you. ORAL OBJECTION NO.8 THE WITNESS: Hello. I'm Guillermo Corona, 239 North "J" Street. I rent. And the only reason I'm coming up here is because I'm noticing -- I don't know if it has to do about the redevelopment. But I think it does. Now that it's going to be a commercial zone, and I'm noticing that there's - the conditions in the area are being neglected, like the trees are going wild. You can't even park your car under some of the trees because the trees are overhanging too low, and there's potholes in the streets and stuff. I don't know if it's being neglected, because it's being overlooked or because of that, or what, but that's -- I just wanted to make that clear. ORAL OBJECTION NO.9 THE WITNESS: Shade Awad, 685 West Baseline, regarding Midway Market. My family has owned that business for 14 years. I'm 24 years old now. When I was 10 years old, we came from Michigan to California for this business. It took us nine years to pay for the business after getting loans and all this. And after 9 years now, we're starting to be successful. Last year, we were considered by the State of California to be a supermarket. Supermarket means we do about over $2 million worth of sales every year. It just took us so long to work hard to get where we wanted to be. And even if they remove us and put us in a different spot, better location, it's still going to take away our customers, because the customers that come for our gallon of milk or for a loaf of bread right now we're employing 14 to 18 people normally, people with full-time jobs, 4814-3501-#18.1 13 part-time jobs. We have a school across the street. People that come for fifty cents worth of candy, half of the time it's a food stamp card, or 25 cents. We wait on them patiently, becalll!e they're our customer base. If with do get relocated, we won't have that kind of customer base. What's going to ensure that a person that has big amount, large amount of income? What's going to ensure that they are going to come to our small store? What's not going to ensure them from going to Stater Bros.? A lot of these times, these people right now, they don't have the means,car means, or they travel on a bus or travel less than a block just to get what they need. And for us, it's kind of hard, because we worked so hard to get to our point. And now we're at that point where my uncle can take a vacation, my dad can take a vacation, if I take two days to spend with my kids in San Diego, I can do that. But it took me so long to get to that point I'm in now. I'm getting to that point job, That's going to happen tomorrow. And eminent domain, does that mean, "Okay. This is the plan." We're within five years you're going to be out right now? Within five years we're going to pay you this amount, within five years, within ten years, within six years, within four years." We don't have a time frame. And the time frame is huge. If someone wants to come up and say, "I want to purchase your business, but, oh, I heard about the late project." "Oh, I heard about the 2020 project," or "I heard that you guys might be out in two years," what am I going to say? You know, if my kids -- should I invest in the City of San Bernardino, or shouldl invest in running away? And how is -- I don't understand blight. Blight doesn't make sense for me. Does blight - whose perception of blight is it? My perception of blight would work hard. We all day there we're 13 hours working everyday, and so we're 13 hours. And we're seeing fruits. That's why we're working hard, you know. And now, since we see it, what are we going to do? Are we going to run away? Are we going to go somewhere else? Is there a positive? I just don't know what to say. I'm just like say I am nothing to write. I even came here because yesterday. Gentleman gave me the letter that says, "Well, we want to go erninent domain. You better go there." I read the letter. I said, "Well, I'm, you know, we're -- this is our business. If I'm not going to do something about my business, who is?" And the main thing for me is as long as we know or the community knows what's going on. How can I 4814-3501-6448.1 14 plan for my family if! don't know what's going to happen two or three or five years from now? And the problem with this process is there's no chart. It does not say that, "In this year, this will happen. Weare going to give you this much money if we relocate you. Your business is worth this much. You know, our property is worth this much." Who's going to succeed? Is it the people in San Bernardino? I doubt it, because after you guys relocate them, it might be true. You know, I'm playing it is true if the people of San Bernardino, the inner people that are there, if you guys move them somewhere else, are better people, better quality of people, that are going to live there, or are you guys going to give them the same property? I don't know. I'm just talking from a business standpoint. What am I going to go do as of now? Shall I look to move out of San Bernardino and not help San Bernardino? Or am I going to wait and see maybe 5, 10, 15 years from now, or I might have lakeside property with no customers. Doesn't make sense to me. That's it. ORAL OBJECTION NO. 10 THE MAYOR: Not here. Jay Lindberg. MR. LlNDGERG: Good afternoon. Jay Lindberg, 664 West "E" Street. The truth is so dangerous, in City politics and it must be surrounded by a bodyguard of lies. We need to -- I'd like to see us, for a change, actually tell the people what's really going on; That you have some really nasty waste plumes, water plumes, that are working down your underground, your underground wells, they're contaminated, you know. We know that, you know. Anything west of Waterman all the way to the freeway in San Bernardino, the groundwater is polluted. We all know that. And we all know we have to clean it up. Now, the easiest way to clean it up is to aerate it. We know that what we've got to do is we've got to, you know, to me, it sounds like it would be a lot simpler if you told these people that we're rapidly run out ofsafe drinking water, and we need to set up a mechanism to clean the water we've got left, so that we have water to drink. To me, that's sounds like a whole lot simpler and more logical way to deal with this mess than just, you know, saying, "Well, we need this for redevelopment." The bottom line is we do need to clean up the plume that's west of Waterman all the way to the freeway. We've got to 4814-3501-6448.1 15 clean it up. Aerating it, as far as I know, is the only way to clean it up. You can't expose the public to the -- the -- volatile organics, solvents, and stuff like that. You can't expose the public to that when you're cleaning it up. So you've got to move them out. Now, ify'ou try to explain it to the public and say, "Look, this is what we've got to do so we have safe drinking water instead of wrapping it up behind these developments and the whole bit. And so just tell them the , truth. It may be they will be a lot more cooperative. Let me just ask a question. Does anybody up here on the Council live in one of those areas where they're going to be doing these redevelopments? Anybody? I didn't think so. I guess I really don't need to say anything more. Just try to be honest with these people. We do have I'm because we're running out of clean wells to drink -- to drink from. We know that. Just tell them the truth, and you might be even get a lot more support. Thank you. ORAL OBJECTION NO. 11 MS: DURBIN: Hello. My husband and I, we own property on 213 through 219 North "J" Street. And I guess we're one in the Mercado area, I guess, number one. We're just really confused. And just as business owners -- not business owners but we own property we just kind of want to know what's going on. And everything that I've read on your website is just super vague, super uninformative. Unfortunately, for the average person, .I think it's just a bunch of mumbo jumbo to sort through. I think the average person here is just totally confused about what you guys are doing. You're not being clear. Number two, we were not notified. The only way we found out was because my mother-in-law also owns property a street over, and her tenant gave her the flier. These notices were sent to our tenants, not to us, the owners. You pretty much are scaring our tenants out of their homes. Are they going to continue to pay rent? I don't know. Are you telling them whenthis is going to happen? No. You're not giving a time frame. We currently are listing this property. We've had an offer that was just given this weekend, after we found out on Friday, for $300,000. Is the City going to match that kind of pricing? Are they going to lowball all of these property owners? You know, the real estate market is booming. Can we, in good conscience, still accept an offer knowing that our property 4814-3501-6448.1 16 is now going to be under the eminent domain? I don't know if that's ethical. You've put us in a position where we don't really know what to do. We -- you know, this is my husband and my-- this is our investment. Are we going to lose out? And the thousands of dollars that we put into this property in the last two years fixing it up, painting it, cutting the trees, which is very expensive, you know, cleaning the rain cutters, retexturing all the walls, redoing all the plumbing, and for our tenants so they have a good place to live. And now we're going to lose out on that, or are we? Because we don't really know what's happening, and noOOdy's being up front and being honest with all of these people. What exactly is going to happen? What is this redevelopment thing mean? Who is going to lose their properties? Are we going to gain? And as investors, we kind of feel like you guys are going to be giving this land, your taking it from us, and then selling it at a high price to these other investors that are going to buyout with big dollars. And at least give us the chance to cash in. I mean, if we have to lose our homes and properties, we should be the ones profiting. The City is not a business. And we -" I just want to make sure that everybody, including myself, is treated fairly in this situation, and that we are given what our property is worth, and also realizing that we're losing out, especially homeowners, I mean, they are being inconvenienced Completely. As an investor, I mean, as an investor, if you pay us well and we get what we believe our property is worth, you know it's not the end of the world. But if we feel like we're being lowballed, and we're not being treated fairly, but for homeowners, even more they should be compensated. And my concern is that everyone is treated. fairly. And when you guys are being honest with us, and that we know that we're given a time frame, and we're informed on what we should do, what is ethically correct, can we sell our property, and run out, like some people were saying, should we be selling, and can we sell telling people that, you know, we're going to sell this to you, but in a year or take six months from now the City is going to take it from you. And those are just some questions that I would like addressed. And everybody else want to know what's happening, you know. Be straight up with us. Also, if we are forced to sell, are we going to have to give 30 percent of our money to capital gains, because in a way, we are being forced to pay taxes. 4814-3501'6448.1 17 ORAL OBJECTION NO. 12 MS. REYES: My name is Martha Reyes, 244 North "]" Street. I moved there about two and a half years ago. I was 25 at the time, and I moved there because it was seemed like a good area. The street is a nice streets. There's a big tree. Sorry about that. I moved there to invest in a house, first-time buyer. And people started telling me that, you know, the house was going to be tom down, which is fine as long as I get what I put into the house, the amount of money, plus the equity. Without, you know, with rezoning into commercial zone, doesn't seem like I'm going to get the amount of money that I want or that I deserve. I mean, I bought it at $60,000, and now it's a worth at least $150. That's a lot of -- that's a good amount of money that I'm going to lose. Now, I understand people are complaining that they're going to lose their houses and everything, but seriously, those houses in that area are not very good. I am not a mother yet, but when I do become a mother, I do not want to be living there. So I also want to know the time frame when I intend to expect to be bought out so I can move. That's all I'm waiting for, because I don't think I can sell knowing that it's going to be tom down. That's all I have to say. Thank you. THE MAYOR: Thank you. That was the last of the speaker cards that we have. I want to make sure that I didn't miss anyone out there. 4814-3S01-M48.1 18 AITACHMENT ','2" SPEAKER SLIPS OF ALL PERSONS WHO PRESENTED ORAL TESTIMONY RECEIVED AT THE: JULY 19,2004 JOINT PUBLIC HEARlNG FOR THE AMENDED & RESTATED REDEVELOPMENT PLAN FOR THE CENTRAL CITY NORTH PRomcr AREA AND THE AMENDMENT TO THE UPTOWN REDEVELOPMENT PROmCT AREA PLAN AND THE SECTION 33352 BLIGHT REPORTS TO THE MAYOR AND COMMON COUNCIL FOR THE CENTRAL CITY NORTH REDEVELOPMENT PROmCT AREA AND THE UPTOWN REDEVELOPMENT PROmCT AREA 4820-4987-5456.1 44 Speaker's Request To Address Mayor and Common Council Regarding Item on Agenda 5 (/8 A ufd1Mv1 V . 30 -32 /"" Agenda Item No. Date 7/1"l./20~Cf Name Goo'" I\S$A,J AB.oI\LLIlIf . 'l /I Address 11.2 'i NoKTif F sr-~1Sc?/ oS 1\1 13 fJltJ" Il.D I,.J\J J qa-. ~ tk -rerl"ft) &7M"'- ,~ ~O ~ pport AQDroval of Item :2j . r Support Denial of Item-X- 3// CNCl-2.01 '-"-'.'''". Speaker's Request To Address Mayor and Common Council Regarding Item on Agenda cct-! 0-3L Date' Name Abckl d2..' E.<;mo:i Address 7 ro 2.. w. 7 T~ S T SPN b'1-rV)o,vyc4:v-e> rA- CjzL}f 0 Ii- Support ADD,oval of Item Support Denial of Item--X- CNCl.2.o1 Speaker's Request To Address Mayor and Common Council Regarding Item on Agenda 1:C Agenda Item No. Jb- 3.;2-. Cf/Lh'" t&...... Date () 7/t 'I /0"1" Na ;0 (.,JHv d J1 Ao /4 tI7.s: / Pi. '.) me.... ..~ Address 11J6 fl/fj ~(<. F:c, _)C4J '8 kUJ, ~ c;,,)~ia q 0 1- ~ ~ .; - b /0 ..- Support Anoroval of Item Support Denial of Item 1---- ;i S~~Cl-2.01 , d ~~ 1; Speaker's Request To Address Mayor and Common Council Regarding Item on Agend" ( ~ 'T- Sue. A' vpttJvJ V1 M . '1 f ",.,../. ~ Agenda Item No. () - 3 p. ~ l/ Date 07/1 t7J 0,/ Name' l.t/. fAt(L IlIJlffJJ Address 1/ db f1"6I?./L f: 61 San IS I h Cj.2HN Support Ann,oval of Item Support Denial. of Item L---- CNCl-2.01 Speaker's Request To Address Mayor and Common Council ......... - - A..... X ')u\)/J lAji..f-r'w"1 Date. Name --J €Itt, Address I~ lJ', Support !,DDrDval of Item \ ~ Support Denial of Item CNCl.2.01 I ~'f i , , ":','~'~~""',""<<"""-""-,"~.-.'...'.< ,.-.,.". -'-","..-~--' ._-,'-;....,...~..,.--~--.-.- "'- '.~--'-," Speaker's Request To Address Mayor and Common Council Regarding Item on Agenda ~ 1Ae. ~ lII(ltNv' ~30 '"" l\I\e{cMO! ~A:'1{<\ fe k r~(P ~ Name 'lV,1 twlO J,q AJ. J '0(\"6 \~l(lo((1 A J~ tv N'N /l_Ofl\lt) L-tffeS)? 5tfft--b 1 _-1 ~ Support ADDroval of Item Date Address J.r w,. Support Denial of Item / CNCl-2.01 Speaker's Request To Address Mayor and Common Council Regarding Item on Agenda Date <; L\ 12, /l v, p-hfwv'l Agenda Item No. 7- /9- c;t.-/ () 12 C) /f/ ().7- 1/11. ~ 15!!2.- 57 --- Name~,qMr.::.S Address J ~ / ~ . CNCl.2.01 "'~_"._ '._.'_ _ ".".., ..,.-,.. _"'To. """.".-~ .,.-,,0:.' -.", -c:". '.--~~-""..,...' ."_",' _'-,~~~_.';A..:::'!~_ Speaker's Request To Address Mayor and Common Council Regarding Item on Agenda SV\,1l, ~ IA~... Ire Agenda Item No. ~::. \ \.:)Eve Date 01 /'''l/pF Name . ..Juo,Ji:>eSJA4'-br.JS Address Z. 70/- AI. r $L .;Si.t~..-.D:DIO,- CA 92fflO (' ~ ).k~-- I ~ I./:; dJr' ~\tA-J;Y Support ADDroval of Item 0.0>'/ Support Denial of Item ~ eNCl-'..' Speaker's ReqUeslfc( 'd'~ Mayor and Common Council t Regarding Item on Ageifc. /l/trt Ilt ".:>ub 'b Itp1-iWv1 Agenda Item No. '17 ' St-i/5,t. Y"".t'A- fJ Date. Name .(; / ~ Address 10 3D RAnJf:S w. ,?,,,zj S/ . ~ - .,S"''''A/ L5KJ-N,4V AJl '7.;1 '7'/d ~:e7;L9 ~)€-sgY"r s~Nd /c/.c'YS ~ e ('" '1]1..$;0:' Support ADDroval of Item Support Denial of Item \------ CHa..2.01 .._____,._~_,__ __._ ._.._.._~__~_n_. _'.~'.'-" __......"""._....,.....r-.....~.....""_.......>:r.<.......-"'''"''! Speaker's Request To Address Mayor and Common Council Regarding Item on Agenda s'^~ ~ Vov?Jrrvv.", 'f Agenda Item No. 5JJ D Date l-IIQ/o 4- Name~g- E D~IA.J Address _I t?t7;7? r/'rf3'(l(2jt,L ,f1~:tI11l? fi?JVI~A:) eft q/h?:]< ~lot ...,.... Ln....... i'>>.n ';<'13' IV cI v 01 (Vl7:> - l.-'~,,\"'" Support ADDroval of Item ? Support Denial of Item CNCl-2.o1 Speaker's Request To Address Mayor and Common Council Regarding Item on Agenda \ \ ~l)?, . A ...."i'.ffw...VI . S0>J~ Name Agenda Item No. Date .r::::.711 J Address C?r6 W &<;e.\ ;oe . 31)t\ OOI\~;IkJ , (A. ~;)LJrD Support ADDroval of Item Support Denial of Item CNa..2.01 Speaker's Request To Address y Mayor and Common Council Regarding Item on Agenda / \ , --.:.,'V N~J..4t Support ADDroval of Item Support Denial of Item CNCl.2.01 ~r ~ Speaker's Request To Address Mayor and Common Council Regarding Item on Agenda Speaker's Request To Address Mayor and Common Council Regarding Item on Agenda )\l.P> ....A LA~ {r/.- . . ~ Agenda Item No. J o-3~ ,p t>>;u.. 07//1/0<1 l CUI?~L L'~ l/~ ~t:rdL :j:sr 13 ~,_ (A6 1:l.. <.f ic) ~ v<.f':. ~ W(lh'W"'... ~ Date' Agenda Item No. "*:{} Date 1 rog Name Name Address Address 04, Support Annroval of Item Support Annroval of Item Support Denial of Item v Support Denial of Item . CNCL.2.01 CNct-2.o1 , ATIACHMENT "3" JOINT PUBLIC HEARINGS MAILED NOTICE CONTACT INFORMATION FOR ALL PERSONS SUBMITTING ORAL TESTIMONY RECEIVED AT THE: JULY 19,2004 JOINT PUBLIC HEARING FOR THE AMENDED & RESTATED REDEVELOPMENT PLAN FOR THE CENTRAL CITY NORTH PROJECT AREA AND THE AMENDMENT TO THE UPTOWN REDEVELOPMENT PROJECT AREA PLAN AND THE SECTION 33352 BLIGHT REPORTS TO THE MAYOR AND COMMON COUNCIL FOR THE CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA AND THE UPTOWN REDEVELOPMENT PROJECT AREA 4820-4987-5456.1 45 Speaker Slips EIRICCNiUptown 7-19-2004, Public Hearing Deanna Adams Address on speaker slip was: 1156 North F Street Victory Chapel; APN: 0140-031-45; Uptown" A" In her written objections she identified herself as Deanna H.P. Adams, PH. D. At the Public Hearing she identified herself as Deanna Helena Petrovna Adams. Spoke to Deanna Adams on 6129; she stated that she did not get a letter and requested one; owns business & property at location. Owner notice sent to Helena Petrovna, 1174 Kotenberg, San Jose CA 91525. NOTICE RETURNED TO EDA Occupant notice sent to 1156 North F Street. NOTICE NOT RETURNED TO EDA FATCO Fastweb property info shows Helena Petrovna as owner SB County Assessor web site shows Helena Petrovna as owner since 1987 Ghassan Abdullah Address on speaker slip was: 1129 North F Street SFR; Homeowner Exemption; APN: 0140-041-40; Uptown "A" Ghassan Norman Abdullah sent written objection. At Public Hearing he identified himself as Ghassan Norman Abdullah In July 20th Sun newspaper article he was identified as Abdullah Ghassan Owner notice sent to Norman S Abdullah at 1129 North F Street. NOTICE NOT RETURNED TO EDA Occupant notice sent to 1129 North F Street. NOTICE NOT RETURNED TO EDA FATCOFastweb property info shows Norman S Abdullah as owner SB County Assessor web site shows Norman S Abdullah as owner since Jan 1996 Rev. Paul Adams Address on speaker slip was: 1156 North F Street Victory Chapel; APN: 0140-031-45; Uptown "A" Paul Adams sent written objections Owner notice sent to Helen Petrovna, 1174 Kotenberg, San Jose CA 91525. NOTICE RETURNED TO EDA Occupant notice sent to 1156 North F Street. NOTICE NOT RETURNED TO EDA FATCO Fastweb property info shows Helena Petrovna as owner SB County Assessor web site shows Helena Petrovna as owner since 1987 SB County Assessor web site shows Victory Chapel having an interest in property since 1988 . Abdel R. Esmat Address on speaker slip was: 762 West 7th Street SFR; APN: 0140-263-23; CCN . Spoke to Abdel Esmat on June 215t concerning the notice; what was going to take place; eminent domain; stated that he was an owner resident. Owner notice to Saman Behnam, 12862 Eveningside Dr, Santa Ana 92705. NOTICE NOT RETURNED TO EDA Occupant notice sent to 762 W 7th Street. NOTICE NOT RETURNED TO EDA FACTO Fastweb property info shows Abdelrahman Esmat as owner. SB County Assessor web site shows Abdelrahman Esmat as owner since Feb 2004 Speaker Slips EIRICCN/Uptown 7-19-2004, Public Hearing James Oronoz Address on speaker slip was: 1212 West 2nd Street Business at that address is Maria's Fashions; APN; 0138-263-02, Uptown "B" Owner notice sent to Robert L. Kovats, PO Box 1365, Placentia CA 92871. NOTICE NOT RETURNED TO EDA Occupant notice sent to 1212 West 2nd ~treet. NOTICE NOT RETURNED TO EDA Stated that he owned a business; that he represents the businesses; represents Robert L. Kovats Diem N. Mach Address on speaker slip was:1224 West 2nd Street Business Owner (Rainbow Sea Food Market); APN; 0138-263-02; Uptown "B" Owner notice sent to Robert L. Kovats, PO Box 1365, Placentia CA 92871. NOTICE NOT RETURNED TO EDA Occupant notice sent to 1224 West 2nd Street. NOTICE NOT RETURNED TO EDA Jason Desjardins Address on speaker slip was: 274 North I Street Big Z Auto; APN: 0138-273-08; Uptown "B" Owner notice to Bud M Nickles Trust; 932 W Riviera Dr, Santa Ana 92706. NOTICE NOT RETURNED TO EDA Occupant notice sent to 274 North I Street. NOTICE NOT RETURNED TO EDA F ATCO Fastweb property info shows Bud M NicklesIBedia N Nassour as owners SB County Assessor web site shows Bud M Nickles owner and Bedia N Nassour as some type of interest Guillermo Corona Address on speaker slip was: 239 North J Street SFR; Homeowner Exemption; APN: 0138-273-31; Uptown "B" Owner notice send to Fernando Ahumada at 239 North J Street. NOTICE NOT RETURNED TO EDA Occupant notice sent to 239 North J Street. NOTICE NOT RETURNED TO EDA FATCO Fastweb property info shows Fernando Ahumada as owner SB County Assessor web site shows Fernando Ahumada as owner since Nov 1992 Shade Awad Address on speaker slip was: 685 West Baseline, Suite ABC Business (Midway Market); APN 0140-031-33, 34, 35, 48; Uptown "A" Owner notice to Dootson Baseline Property LLC, 11625 Clark Street, Arcadia 91006. NOTICE NOT RETURNED .TO EDA Occupant notice was sent to 685 West Baseline Street. NOTICE NOT RETURNED TO EDA F ATCO Fastweb property info shows Dootson Baseline Property LLC as owner SB County Assessor web site shows Dootson Baseline Property LLC as owner since 1996 Speaker Slips EIRICCNlUptown 7-19-2004, Public Hearing Jay Lindberg Address on speakerslip was: 6340 Orange Knoll No notice was mailed to Mr. Lindberg as he does not live within either project area. Hope E. Durbin 213-219 North J Street; 2 Duplex units; APN: 0138-273-29; Uptown "B" Address on speaker slip was: 16007 Merrill #14B, Fontana, CA 92335 On speaker slip she wrote "owner" Owner to Armando Orejel, 15711 Grevillen Street, Fontana 92335. NOTICE NOT RETURNED TO EDA Occupant notices sent to 213 215, 217, 219 North J Street. NOTICE NOT RETURNED TO EDA FATCO Fastweb property info shows Armando Orejel as owner SB County Assessor web site shows Armando Orejel as owner since July 2002 Martha Reyes Address on speaker slip was: 244 North J Street SFR; Homeowner Exemption; APN: 0138-272-13; Uptown "B" Owner notice sent to 244 North J Street. NOTICE NOT RETURNED TO EDA Occupant notice was sent to 244 North J Street. NOTICE NOT RETURNED TO EDA F ATCO Fastweb property info shows Martha Reyes as owner SB County Assessor web site shows Martha Reyes as owner since Dec 2001 Keith Rhodes (left and did not speak) Address on speaker slip was: 1030 West 3rd Street Could not find a bldg with I 030 West 3rd Business (Fast Undercar); APN: 0138-272-39, 40; Uptown "B" Found bldg with 1037 West 3rd(Fast Undercar) Found bldg with 1047 West 3rd (Warehouse) Owner notice was sent to Keith Rhodes at 1037 West 3rd Street Occupant notice was sent to 1033 West 3rd (0138-272-39) Occupant notice was sent to 1047 West 3rd (0138-272-40) Notice to owner was not returned to EDA Notices to occupant addresses were returned to EDA. FATCO Fastweb shows Keith L Rhodes/Sharon K Rhodes as owners of both APN's SB County Assessor web site show Keith L Rhodes ISharon K Rhodes as owners of both APN's Carol Calvin (left and did not speak) Address on speaker slip was: 1156 North F Street Victory Chapel; APN: 0140-031-45; Uptown "A" Owner notice sent to Helen Petrovna, 1174 Kotenberg, San Jose CA 91525 Occupant notice sent to 1156 North F Street Notice to owner was returned to EDA. Occupant notice was not returned to EDA FATCO Fastweb property info shows Helena Petrovna as owner SB County Assessor web site shows Helena Petrovna as owner since 1987 SB County Assessor web site shows Victory Chapel having an interest in property since 1988 ATIACHMENT "4" REDEVELOPMENT AGENCY PROPERTY ACQUlSmON AND RELOCATION POLICIES. GUIDELINES AND RESPONSE TO FREQUENTLY ASKED QUESTIONS REGARDING PROPERTY ACQUISITION AND RELOCATION RECEIVED AT THE: JULY 19, 2004 JOINT PUBLIC HEARING FOR THE AMENDED & RESTATED REDEVELOPMENT PLAN FOR THE CENTRAL CITY NORTH PROJECT AREA AND THE AMENDMENT TO THE UPTOWN REDEVELOPMENT PROJECT ARE^,PLAN AND THE SECTION 33352 BLIGHT REPORTS TO THE MAYOR AND COMMON COUNCIL FOR THE CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA AND THE UPTOWN REDEVELOPMENT PROJECT AREA 4820-4981-5456.1 46 Redevelopment Agency of the City of San Bernardino WHEN A PUBLIC AGENCY ACQUIRES YOUR PROPERTY Introduction This document describes important features related to Relocation Assistance and Real Property Acquisition Procedures, which the Redevelopment Agency must follow whenever it acquires property. This document contains a general overview and provides general information about public acquisition of real property (real estate). Acquisition of real property by a public agency for a project in which redevelopment funds are used is covered by State Law. When a public agency offers to acquire property, it informs the property owner of the reasons for the offer to purchase and the use for which the public ag~ncy seeks to acquire the property. If the public agency is acquiring property for community redevelopment purposes, it will so inform the owner. This document may not answer all of your questiOns. If you have more questions about how the Redevelopment Agency acquires property, please contact the particular public agency responsible for the public project. (Check the back of this document for the name of the person to contact at the Redevelopment Agency.) Ask your questions before you sell your property. General Questions What Right Does A Public Agency Have To Acquire My Property? Each local government agency has certain powers, which are necessary for their functions. One such local government power is the power to acquire private property for the public purposes served by that particular public agency. In general all public agencies can purchase property. In addition, a large number of public agencies have the power to acquire property by condemnation, if the private property owner is unwilling to sell or if the private property owner sets a sale price for the property which is too high based upon objective market price conditions for comparable property. This is known as the power of eminent domain. The rights of each private property owner are. protected by the Fifth and Fourteenth Amendments of the U.S. Constitution and by State oonstitutions. The eminent domaiillaws guarantee that if a public agency takes private property it must pay "just compensation" to the owner. , Does. the Adoption of a. Redevelopment Plan or the Amendment of a Redevelopment Plan Mean That My Property Will Be Condemned? No. The adoption of a redevelopment plan does not mean that the Redevelopment Agency will condemn your property. A redevelopment plan authorizes the Redevelopment Agency to undertake certain redeveiopment programs in a specific neighborhood or area for a specific 4845-4915-0352.1 8ISI04 12:00 jnun 1 period of time. However,the adoption or amendment of a redevelopment plan does not result in the taking or purchase by the Redevelopment Agency of anyone's property. Before the Redevelopment Agency may acquire any specific parcel of property by negotiated purchase or by condemnation, a number of steps must be followed by the Redevelopment Agency. The following paragraphs of this document describe those steps. In general, the Redevelopment Agency will only acquire private property if the Redevelopment . Agency has publicly announced a specific redevelopment project activity or program which requires the purchase of one or more specific properties. For example, the Redevelopment Agency may be requested by a owner of a business in a redevelopment project area to help acquire additional land so that the business can expand. The Redevelopment Agency would consider such a proposal and if it appears feasible and if the proposal helps to eliminate blight in the redevelopment. project area,"-the Redevelopment Agency may enter into a written contract with. the business owner in which the Redevelopment Agency agrees to provide specific types of redevelopment assistance; subject to appropriate conditions relating to the . business owner's commitment to eliminate blight. . Once such an agreement is in place the business owner and the Redevelopment Agency would coop~rate in a mutual. effort to expand the business and the Redevelopment Agency may assist with the purchase of nearby property . required for the business expansion or improvement. . In other situations, the Redevelopment Agency may assist third party property owners to acquire land for specific redevelopment purposes. . For example, a single. family housing developer may propose to acquire a number of vacant lots which are adjacent to a deteriorated apartment building and an old commercial bUilding in the middle of a residential neighborhood. The Redevelopment Agency rnay be willing to assist suCh a housing developer to acquire the old commercial building and deteriorated apartment building in order to produce a larger and better suited site for a new single family dwelling in-fill housing development. Provided the housing developer is willing to agree to construct new single family housing dwelling units which comply with current City design and affordability standards, the Redevelopment Agency could enter into an agreement with' such a third party housing developer to assist with housing site acquisition, subject to certain conditions. In either the case of commercial or residential land acquisition assistance, the Redevelopment Agency could only enter into such a redevelopment contract with a business or a third party housing developer after a public hearing has first been conducted by the Redevelopment Agency. The community and potentially affected private property owners would receive prior written notice of any such public hearing. . Who Made The Decision To Buy My Property? The decision to acquire.a property for a redevelopment project usually involves many persons and many determinations. The final determination to proceed with a redevelopment project is made only after a thorough review which may include public hearings to obtain the views of interested persons. If you have any questions about the redevelopment project or the selection of your property for acquisition, you should ask a representative of the Redevelopment Agency. 484S-491~3S2.1 8/5104 12:00 ittun 2 -,. How Will The Redevelopment Agency. Detennlne How Much To Offer Me For My Property? Before making you an offer, the Redevelopment Agency will obtain at least one appraisal of . your property by a competent real property appraiser who is familiar with local property values. The Redevelopment Agency will give you written notice thatlt intends to obtain an appraisal of your property before it niakes an offer to you (unless you have already listed your property for sale with a real estate broker). The appraiser will inspect your property and prepare a report that includes his or her professional opinion of its current fair market value. The Agency must offer you "just compensation" for your property. This amount cannot be less than the fair market value of the property stated in the written appraisal. "Just cOmpensation" for your property does not include the extra payments which the. laws requires the Redevelopment Agency to make available for your specific relocation needs. If you are eligible for relocation .assistance, the relocation payments would be made in addition to the purchase price for the property. What Is Fair Market Value? Fair market value is defined as that amount of money which would probably be paid for a property in a sale between a willing seller, who does not have to sell, and a willing buyer, who does not have to buy. The fair market value of a property is generally considered to be "just compensation." Fair market value does not take into account intangible elements such as sentiniental value, good . will, business profits, or any special value that your property may have for you or the special value which your property may have to the buyer. . How DOes An Appraiser Detennlne The Fair Market Value Of My Property? Each parcel of real property is different and therefore no single formula can be devised to . appraise all properties. Among the factors an appraiser typically considers in estimating the value of real property are: · How it compares with similar properties in the area that have been sold recently. · How much rental income it could produce. · How much it Would cost to reproduce the buildings and other structures, less any depreciation. Willi Have A Chance To Talk To The Appraiser? Yes. You will be contacted and given the. opportunity to accompany the appraiser on his or her inspection of your property before the Redevelopment Agency completes its appraisal. You may then inform the appraiser of any special features which you believe may add to the value of your property. It is in your best interest to provide the appraiser with all the useful information you can in order to ensure that nothing of allowable value will be overiooked. If -48454915-6352.1 81s.\l412:OO inun . 3 you are unable to meet with the appraiser, you may wish to have a person who is familiar with your property represent you. How Soon Willi Receive A Written Purchase Offer? Generally, this will depend on the amount of work required to appraise your property. In the case of a typical single-family house, it is usually possible for the Redevelopment Agency to make a written purchaSe offer within 45 to 60 days after the date an appraiser is selected to appraise the property. Promptly after the appraisal has been reviewed (and any necessary corrections obtained), the. Redevelopment Agency will approve the written appraisal report as submitted and give you a written purchase offer in the full amounf of the value stated in the written appraisal along with a "summary statement," explaining the basis for the Redevelopment Agency's offer. The summary statement will include the street address, sales price and date of recent property sales which the appraiser has used to base his or her opinion of fair market value for your property. No negotiations will take place before you receive the written purchase offer and summary statement. What Is In The Summary Statement Of The Basis For The Offer Of Just Compensation? The summary statement of the basis for the offer of just compensation will include: · An accurate description of the property and the interest in the property to be acquired. · A statement of the amount offered as just compensation. (If only part of the property is to be acquired, the compensation for the part to be acquired and the compensation for damages, if any, to the remaining part will be separately stated.) . .. A list of the buildings and other improvements covered by the offer. (If there is a separately held interest in the property not owned by you and not covered by the offer (e.g., a tenant- owned improvement), it will be so identified.) . Comparable property sale information. Must I Accept The Agency's Offer? No. You are entitled to present your evidence as to the amount you believe is the fair market value of your property and to make suggestions for changing the terms and conditions of the offer. The Agency will consider your evidence and suggestions. When fully justified by the available evidence of value, the Redevelopment Agency's offer price will be increased. . May Someone Represent Me During Negotiations? Yes. If you would like an attorney or anyone elSe to represent you during negotiations with the Redevelopment Agency, please inform the Redevelopment Agency. . However, State Law does not require the Redevelopment Agency to reimburse your for the coSts of such representation. 4845-4915~352.1 8/5104 12:00 imm 4 If I Reach Agreement With The Redevelopment Agency, How Soon Willi Be Paid? If you reach a satisfactory agreement to sell your property and your ownership (title to the .property) is clear, payment will be made at a mutually acceptable time. Generally, this should be possible within 30 to 60 days after you sign a' purchase contract. If the title evidence obtained by the Redevelopment Agency indicates that further action is necessary to show that your ownership is clear, you may be able to hasten the payment by helping the Agency obtain the necessary proof. (Title evidence is basically a legal record of the ownership of the property. It identifies the owners of record and lists the restrictive deed covenants and recorded mortgages, liens,. and other Instruments affecting your ownership of the property.) What Happens If I Don't Agree To The Agency's Purchase Offer? If you are unable to reach an agreement through negotiations, the Redevelopment Agency may conduct a public hearing to determine whether it is necessary and appropriate under the particular circumstances to file a lawsuit in the Superior Court to acquire your property through an eminent domain proceeding. An eminent domain proceeding is often referred to as a condemnation. If your property is to be acquired by condemnation, the Redevelopment Agency will give you notice of a time and date for such a public hearing after negotiations have failed to produce a mutually agreeable sales price for your property and after such a public hearing has been held the Redevelopment Agency would file the condemnation suit without unreasonable delay. What Happens After The Agency Condemns My Property? You will benotified of the action. Condemnation procedures vary, and the Redevelopment . Agency will explain the procedures that apply in your case if you ask. After the public hearing to authorize the filing of a condemnation action, the Redevelopment Agency files a condemnation suit and in most cases the Redevelopment Agency also deposits with the Superior Court an amount not less than its appraisal of the fair market value of the ' property. . You can withdraw this amount (less any amounts necessary to payoff any mortgage or other liens on the property from the Superior Court before there is a jury trial to prove the final amount of just compensation payable to you. Withdrawal of your share of the money will not affect your right to seek additional compensation for your property. During the condemnation trial you will be provided an opportunity to introduce your evidence as to the value of your property. Of course, the Agency will have the same right. After hearing the evidence of all parties, the court will determine the amount of just compensation. If that amount exceeds the amount deposited by the Agency, you will be paid the difference, plus any interest that may be provided by law. To help you in presenting your case in a condemnation proceeding, you may wish to employ an attorney and an appraiser. What Can I Do If I Am Not Satisfied With The Court's Detennlnatlon? . If you are not satisfied with the trial court judgment setting the final value or just compensation amount for your property, you may file an appeal with the State appellate court. The . 4845-4915-6352.1 5 . 81510412:00jtiun Redevelopment Agency can also file an appeal if it believes the amount of the trial court judgment is too high. Willi Have To Pay Any Closing Costs? You will be responsible for the payment of the balance on any mortgage and other liens on 'your property. Also, if your ownership is not clear, you may have to pay the cost of clearing it. But the Redevelopment Agency is responsible for all reasonable and necessary costs for: o Typical legal and other services required to complete the sale, record documents, revenue stamps, transfer taxes and any similar expenses which are incidental to transferring ownership to the Agency. ' o Penalty costs and other charges related to prepayment of any recorded mortgage on the , property that was entered into in good faith. o 'Real property taxes covering the period beginning on the date tIle Redevelopment Agency acquires your property. Whenever possible, the Redevelopment Agency will make arrangements to pay these costs directly. If you must incur any of these expenses yourself, you will be repaid-usually at the time of closing. If you later discover other costs for which you should be repaid, you should ' request repayment ,from the Redevelopment Agency immediately. The Redevelopment Agency will assist.You in filing a claim. Finally, if you believe that you were not properly repaid, you may appeal the decision to the Agency. May I Keep Any Of The Buildings Or Other Improvements On My Property? Very often, many or all of the improvements on the, property are not required by the Redevelopment Agency. This might include such items as a fireplace mantel, your favorite shrubbery, or even an entire house. If you wish to keep any improvements, please let the , Redevelopment Agency know as soon as possible. If you do arrange to keep any improvement, the Redevelopment Agency will deduct only its salvage value from the purchase price you would otherwise receive. (The salvage value of an item is its probable selling price if offered for sale on the condition that the buyer will remove it at hiS or her own expense.) Of course, if you arrange to keep any real property improvement, you will not be eligible to receive a relocation payment for the cost of moving it to a new location. Can The Redevelopment Agency Take Only A Part Of My Property? Yes. But if the purchase, of only a part of your property reduces the value of the remaining part(s), you will be paid for the loss in value to the remaining part which the Redevelopment Agency does not purchase. Also, if any remaining part would have little or no utility or value to you, the Redevelopment Agency will offer to buy that remaining part from you; Occasionally, a redevelopment project will increase the value of the part that is not acquired by the Redevelopment Agency. Under some 'eminent domain laws; the amount 'of such increase in , value is deducted from the purchase payment the owner would otherwise receive. 4845-4915-6352.1 6 8/SI04 12:00 jnun Willi Have To Pay Rent To The Redevelopment Agency After My Property Is Acquired? . If you remain on the property after the acquisition, you may be required to pay a faii' market rent to the Redevelopment Agency. Such rent will not exceed that charged for the use of comparable properties in the area. . How Soon Must I Move? .In the typical case a mutually agreeable date for the move will be worked out. In no case would you have less than 90 days advance written notice to move from your property after the Redevelopment Agency has purchased it. You will not be required to move before you receive the agreed purchase price. If the property is acquired by condemnation, you cannot be required to move before the estimated, fair market value of the property has first been deposited with the Superior Court so that you can withdraw your share and you have also been given at least 90 days to move. If you are being displaced from your home or apartment, you will not be required to move before a comparable replacement home is available to you. Willi Receive Relocation Assistance? State Law requires that certain relocation payments and other assistance must be provided to families,individuals, businesses, farms, and nonprofit organizations when they are displaced as a result of an acquisition of property for redevelopment activities. The'Redevelopment Agency will fumish you a full explanafion of any relocation assistance to which you may be entitled before you are required to move from the property. If you have any questions about such assistance, please contact the Redevelopment Agency. In order for the Agency to fulfill its relocation obligations to you, you must keep the Redevelopment Agency informed of your plans. My Property Is Worth More Now Than When I Bought It. Must I Pay Capital Gains Tax . On The Increase? When the Redevelopment Agency acquires real property for community redevelopment purposes, . the property owner usually may postpone the payment of Federal capital gains taxes ~m any profit from the sale if he or she reinvests the profit in similar property within a three (3) year replacement period. To take advantage of this right, you should file the details in a statement with your Federal income tax retum for the tax year in which you realize the gain. Intemal Revenue Service (IRS) Publication 544 explains how the Federal income tax would . apply to a gain or loss resulting from the condemnation of real property, or its sale under the threat of condemnation, for public purposes. If you have any questions about the IRS rules; you should discuss your partiCUlar circumstances with your personal tax advisor or your local IRS office. . 484S-491~352.1 Rl.c;:N I?Mirrnn 7 I'm A Veteran. How About MyV A Loan? After your VA home mortgage loan has been repaid, you will be permitted to obtain another VA loan to purchase another property. Check on such arrangements with your nearest Veterans Administration Office. . Is It Possible To Donate Property? Yes. You may donate your property or sell it to the Redevelopment Agency for less than its fair market value. The Agency must obtain an appraisal of the property and offer just compensation for it, unless you release the Agency from this obligation. Addltlonallnfonnatlon If ~ou have any questions after reading this document, contact the Redevelopment Agency and discuss your concems with the Redevelopment Agency representative. Redevelopment Agency City of San Bernardino' 201 North "E" Street, Suite 301 San Bernardino, CA 92401.1507 Office Hours: M-Th 7:30 a.m. to 5:30 p.m. Fri 7:30 a.m. t04:30 p.m. Telephone: Person to Contact: (909) 663-1044 Maggie Pacheco, Deputy Director of the Economic Development Agency 484S-491H3S2.1 8/m412:OOjrnm 8 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO Most Frequently Asked Relocation Questions 1. WHAT STEPS WILL THE REDEVELOPMENT AGENCY TAKE TO ENSURE THAT THE RESIDENTS WHOSE HOMES ARE ACQUIRED AS A RESULT OF REDEVELOPMENT ACTIVITIES ARE ABLE TO OBTAIN A COMPARABLE HOME AND AT PRICES THAT THEY CAN AFFOlU)? The Redevelopment Agency will implement several measures to ensure that any acquisition program will minimi7.e inconvenience to affected residents. and that potential hardship to residents will be avoided. First of all, wherever possible, the Redevelopment Agency will acquire property by negotiated purchase. . Only when: property acquisition negotiations with a particular owner reach an impasse will the Redevelopment Agency consider using. eminent domain to acquire the property of that owner. The law requires the Redevelopment Agency to pay just .compensation to an owner of property acquired for a project by. eminent domain. A number of procedural safeguards to protect property owners assure that this fundamental right is . respected - a public agency must pay the full amount of just compensation for property it acquires by eminent domain. In addition, thll Redevelopment Agency is also required to provide relocation assistance and to pay a specific amount of relocation benefits in cash to persons who are displaced by a redevelopment project. Relocation assistance payments are sums which are in addition to payment for the purchase of the property~ Before any project land acquisition begins that could displace residents for a particular redevelopment project the Redevelopment Agency will prepare a written project specific housing relocation plan. The Redevelopment Agency will also.prepare written real property appraisal reports for each parcel of property to be acquired. These reports must be prepared in accordance with State law and will be prepared by the Redevelopment Agency after written notice has first been given to affected property owners which begins the process of land assembly for a particular redevelopment project. The replacement housing needs of affected residents .will be identified, actual relocation cost estimates will be prepared and the existence of an adequate supply of comparable and affordable relocation or replacement dwellings will be determined as part of the Redevelopment Agency's preparation of the required relocation plan. The Redevelopment Agency will give affected residents an opportunity to participate and comment on the preparation of the written relocation plan before the relocation plan is given final consideration and approval by the Redevelopment Agency. The Redevelopment Agency will also ask each affected. property owner to meet with the Redevelopment Agency's real property appraiser before the appraisal is completed. Property owners can provide the appraiser with information concerning the value of their properly, including the value of special improvements and amenities inside of a home or business, which might not be apparent to an appraiser if the owner does not point them out. 48~983-8080.1 8/5104 12:00 jnun I The preparation of these plans lIlld reports by the Redevelopment Agency before any redevelopment land acquisition program begins will help ensure that.all residents whose homes are acquired will be able to obtain comfortable and comparable new homes at a price or rrntal rate which they can afford. . No person will be required to move from any home or apartment unit unless within a reasonable period of time priOl'to displacement a selection of comparable replacement dwellings is available . to such person lIlld the Redevelopment Agency has submitted a written offer to purchase the property to the owner which satisfies the requirements of State law. 2. CAN THE REDEVELOPMENT AGENCY PROVIDE SOME CONCRETE EXAMPLES OF WHAT IS MEANT BY "RELOCATION ASSISTANCE PAYMENTS" FOR RESIDENTS? The amount of relocation assistance payments which the Redevelopment Agency must pay to a displaced person will depend upon a number of factors. . In general, the most important factors in determiIling the amount of a relocation payment for a particular household include the number of persons in the family, the family's income and whether thefamily owns a home or whether the family rents a home or apartment For example: A. Renter Households Relocation Payments For a family who rents a home or apartment, a replacement dwelling is. deemed to be within their financial means if the total monthly rent (including utilities and other reasonably recurring housing expenses) minus. any replacement housing payment available to such family does not exceed thirty percent (30%) of the family's monthly income. Ina concrete example before any displacement occurs, assume that a family of two (2) adults and three (3) children rents a one (I) bedroom apartment for $6!l5 per month. The gross monthly income for the family is $1,950 per month. It Should be noted in this example that this family ali'eady pays more than ~O% of its monthly income in rent Its affordable rental payment before displacement should be only $585 per month and not the higher amount of $685 per month which it pays to the landlord. A second point which should be noted is that under applicable relocation guidelines defining "comparable safe and sanitary replacement housing", this family is living in too small an apartment. Thus the replacement dwelling which the Re4evelopment Agency will need to make available to this family must be larger - at least two (2) bedrooms. This also means that the replacement dwelling could have a higher rent than the apartment where the family currently resides. In this concrete example, the Redevelopment Agency's relocation consultant would give the family the addresses and telephone numbers of the landlords for three (3) different two bedroom apartments and I rental house which are in fact available to them. The rents for the apartments range from $850 to $930 per month and the house rents for $910 per month. All four (4) of these dwellings have been inspected by the relocation consultant and are in compliance with all building and safety codes and are in comparable or superior neighborhoods to the dwelling being acquired by the Redevelopment Agency. ~983-8080.1 8/5104 12:00 jrnm 2 The family selects the $925 per month two bedroom apartment beCause it is located on a bus route and the apartment management company has an after school study program for the children of residents. Under these facts this family will receive relocation payments as follows: Monthly rental payment at replacement dwelling $925 Family's maximum rent based upon current income (Note: this figure is less than their current rent of$685 per month) Redevelopment Agency's monthly rental assistance/relocation payment ($585) $340 . The Redevelopment Agency will make this relocation aSsistance payment of $340 per month available to this family each month for the next j Yo years after the date of its relocation for a total relocation payment of$14,280. The Redevelopment Agency is also responsible for paying for the cost to move the furniture and possessions of the family to the new dwelling. This payment will vary depending upon household size, but the cost will be based upon the moving costs charged by a professional moving company - and such moving costs could easily exceed $500. B. Home Owner Relocation Pavments The calculation of the precise amount of a relocation payment for a homeowner involves the consideration of a larger number of factors than in the case of a renter household. But in general, for homeowners, a replacement dwel1llg is deemed within their financial means if the purchase price of the replacement dwelling, including related increased interest costs and other reasonable expenses; including new house escrow closing costs, does not exceed the total of the amount of . . just compensation provided for the dwelling acquired and the replacement housing payment available to the displaced homeowner. In an example, assume the homeowner household has two(2) adults and three (3) children and that they live in a three (3) bedroom home of approximately 1,450 square feet in size which they purchased six (6) years ago for $105,000. The family has a mortgage for $85,000 on the home. Their monthly mortgage payment is $625 per month. The Redevelopment Agency has submitted a written appraisal of just compensation of $193,000 which the homeowner has accepted. In this case the family has found that replacement dwellings of the same size in comparable neighborhoods as their home range in cost of between $180,000 and $200,000. But the family now wants a four (4) bedroom home, and typically four (4) bedroom homes in the community cost approximately $10,000 to $14,000 more than a three (3) bedroom home. A 1,875 square foot four (4) bedroom home is available, but its sales price is $204,000 or $11,000 more than the amount of just compensation. paid by the Redevelopment Agency for their smaller three (3) bedroom home. 4825-6983-8080.1 8/5Al4 12:00 jnnn 3 m this particular example the Redevelopment Agency's relocation housing payment would . consist of the following elements: Real estate broker commission amount payable by displaced family for its new home $6,300 New mortgage loan fees appraisal, costs and expenses for purchase of new home (assume family takes new $85,000 mortgage and has only an average credit rating) $3,720 Buyer Escrow costs on new home, including inspection fees and new title insurance $1,400 New home purchase differential for 4 bedrooms required by homeowner $11,000 . Total relocation payment by Redevelopment Agency $22,420 The Redevelopment Agency will also be responsible for the payment of moving costs which in the case of a homeowner could cost anywhere between $900 to more than $1,500 depending on the amount of furniture and other possessions to be moved. In addition, if the household has other special needs, such as particular improvements required for a disabled member of the household, then the Redevelopment Agency would also be responsible for these extra costs, in addition to the relocation payment of$22,420 described in this example. C. Homeowner ProDertv Tax Benefit Under relocation assistance guidelines for homeowners, any homeowner who is displaced by a project acquisition of the Redevelopment Agency will also qualify for a special property tax benefit In the example of the homeowner who purchased their home six (6) years ago for $105,000, they would ordinarily pay more property taxes when they sell their home and purchased a new and larger home for $204,000. Their annual property tax bill would increase by about $980 per year. However, under the provisions of California law, if a homeowner has their home purchased by a public agency, then the homeowner is entitled to transfer 120% of the amount of just compensation paid by the public agency for the old home as the property tax basis for the new home which replaces it. In the example of the homeowner relocation above, the homeowner will be able to transfer its $105,000 property tax valuation on 120% of the just compensation amount of $193,000 paid to them for their old home, to any new home they purchase in California. In the example above, the homeowner purchased a new and larger home in S~ Bernardino for $204,000. Their new property tax bill at the new home will be tIie same as it was at their old home. In other words, the tax assessor will value the new $204,000 home as if its value was only $105,000. In fact, the homeowner could purcliase a new home for up to $231,600 (which is 120% of the $193,000 just compensation figure paid by the public agency) and still pay the same property tax amount as assessed to the old home. . 4825-6983-8080.1 8/5104 12:00 inun 4 The longer a homeowner has lived in the home which the public agency is acquiring, the more valuable this property tax benefit is to the homeowner. D. ,Last Resort Honsine: Relocation Assistance PaYments In addition the types of relocation assistance payments available to renters and homeowners as outlined in the above examples, it is possible that in some unusual circumstances a comparable replacement dwelling may not be available, or may not be available within the monetary limits payable by a renter or a homeowner. ' , As a general rule, if no such comparable replacement dwelling is available, such a fact would be identified as part of the preparation of the relocation plan at an early point in the Redevelopment Agency's land acquisition planning process for a particular redevelopment project. If there is evidence that no comparable replacement dwellings are available, then the relocation regulations mandate the Redevelopment Agency to implement a "Last Resort Housing Plan" to provide additional levels of relocation assistance payments for persons who would experience a financial hardship in the absence of such additiorilil assistance payments. Under ordinary circumstalices very low-income househOlds may qualify for Last Resort Housing Assistance, but it is possible for Some low-income or even moderate-income households to have special housing needs associated with a very sick or disabled member of the household. These households could also qualify for Last Resort Housing Assistance. , A "very low income household" refers to a person or family with annual income of 50% or less of County median household income; "low income household" refers to a household with 8oo/. or less of County annual median household income; and "moderate income household" refers to a household with annual inCome of 120% above the County median household income level. 3. HOW WILL THE REDEVELOPMENT AGENCY ASSURE RESIDENTS THAT THE RELOCATION PROCESS WILL TREAT RESIDENTS WITH DIGNITY AND COMPASSION?' The preparation of a written housing replacement ' plan before any property,is acquired for a particular redevelopment project is probably the best meanstQ ensure that the relocation process will function smoothly and minimi7.e inconvenience. Respect for the dignity and needs of affected residents is the centerpoint of the relocation program. Clear lines of communication and responsibility will be established under the relocation plan. Affected residents will be personally contacted ,and interviewed by trained professionals long before any person is requested to actually mOVe from their home. The professionals that work in the field of public relocation are very sensitive to the situations in which displaced persons find themselves, and speCial , consideration is given to the needs of the elderly. The intent is to make the transition of each displaced person or household to replacement housing as smooth a process as possible. Many times displaced persons move to new homes which are much nicer than the ones they leave behind. 4825-6983-8080.1 81S104 12:00 jnnn 5 4. WHAT wn..L THE REDEVELOPMENT AGENCY DO TO ENSURE THAT RESIDENTS DISPLACED BY REDEVELOPMENT AGENCY ACTIVITIES ARE NOT FORCED TO MOVE FROM TIlE CITY OF SAN BERNARDINO OR TO RELOCATE INTO SUBSTANDARD HOUSING ELSEWHERE WITHIN. THE CITY? It is a requirement of law that all persons displaced from residential properties be rehoused into comparable decent, safe and. sanitary dwelling units. No person who is displaced by a Redevelopment Agency project will be allowed to move into a substandard dwelling either in the City or elsewhere. Relocation personnel will counsel and assist displaced persOns in finding and securing safe, sanitary and decent housing. The decision to move to a certain dwelling is at the sole disCretion of the person who is displaced by the project provided the new dwelling into which the displaced person relocates must in fact be decent, safe, and sanitary. Below are definitions for "Comparable Replacement Home" and "Decent, Safe, and Sanitary Housing". 5. WHAT IS A COMPARABLE REPLACEMENT HOME? A comparable replacement home shall be: . Decei1t, safe and sanitary. · . Functionally equivalent to (and equator better than) your present home. . Actually available for you to buy. · Affordable. (Ordinarily, there is no increase in monthly mortgage .payments for principal and interest.) . . .. Reasonable accessible to your place of employment. · Generally as well located with respect to public and commercial facilities, such as schools and shopping, as you present home. . · Not subject to unreasonable adverse environmental conditions. · Available to all persons regardless of race, color, religion, sex, or national origin. 6. WHAT IS DECENT, SAFE AND SANITARY HOUSING? Decent, safe and sanitary housing is housing that: . Meets applicable housing and occupancy requirements. . Is structurally sound, weathertight, and in good repair. . Contains a safe, adequate electrical wiring system · Has adequate living space for the occupants. . Has a kitchen with a sink, hot and cOld running water, and connections for a stove and refrigerator. · Has a separate, complete bathroom with hot and cold running water. . Has heating as required by climatic conditions. · Has an unobstructed exit to safe, open space ground level. · Meets standards protecting occupants from lead-based paint hazards. · If you are physically handicapped, is free of any barriers Which would preclude your reasonable use of unit. 4825-6983-8080.\ 81SoIJ4 12:00 imm 6 7. MANY OF THE RESIDENTS IN A REDEVELOPMENT PROJECT AREA WHO COULD BE AFFECl'ED BY REDEVELOPMENT AGENCY PROJECTS SPEAK ENGLISH AS A SECOND LANGUAGE. HOW WILL THE REDEVELOPMENT AGENCY ASSURE RESIDENTS, INCLUDING RESIDENTS WHO ONLY HAVE LIMITED UNDERSTANDING OF ENGLISH, THAT THEIR. RIGHTS. TO RELOCATION ASSISTANCE WILL BE PROTECTED? Relocation regulations and adm;n;strative guidelines are in place on both the federal and state level and these provide protection to all displaced persons. These regulations mandate equal treatment under the law regardless of what language may be spoken in any affected household. They are desiguedto carry out the policies of the relocation laws. These laws provide for the following: (1) To ensure that uniform, fair and equitable treatment is afforded persons displaced from their homes, businesses or faiJps as a result of the actions of a public entity in order that such persons shall not suffer disproportionate injury as a result of action taken for the benefit of the public as a whole; and (2) To ensure consistent and fair treatment for owners of real property to be acquired by a public entity, to encourage and expedite acquisition by agreement with owners of such property in order. to avoid litigation and .relieve congestion in courts, and to promote confidence in the public land acquisition process. (3) . Apublic entity shall not participate in Or undertake a project that will displace individuals from their home unless comparable replacement dwellings will be available within a reasonable period of time prior to displacement. (4) The relocation guidelines are intended to establish only minimum requirements for relocation assistance and payments. They shall not be construed to limit any other authority or obligation which a public entity may have to provide additional assistance and payments. (5) The relocation guidelines and laws are intended for the benefit of displaced persons, to ensure that such persons receive fair and equitable treatment and do not suffer disproportionate injuries as a result of programs designed for the benefit of the public as a whole. The relocation guidelines and all applicable laws on which determinations are based shall be construed to affect this intent. . As the Redevelopment Agency begins the planning and preparation for acquiring specific properties for projects, the Redevelopment Agency will also prepare the appropriate relocation plan for each such project. Residents who are affected by such a project will be involved in the preparation and revieW of such relocation plans. Notices will be given to interested persons in English and Spanish languages that a relocation plan is being prepared and that relocation assistance benefits will be payable. Consultations and interviews by Redevelopment Agency personnel and relocation coDsuItants will be conducted in a language other than English if the affected resident sO requests; All persons who are eligible for the payment of relocation benefits can have any dispute regarding the amount of a payment submitted to the governing board of the. Redevelopment Agency for prompt consideration and action in accordance with all applicable law. 4825-6983-8080.1 7 815104 12:00 jnnn 0 2 3 4 5 6 7 8 9 10 II 12 13 0 ]4 15 ]6 17 18 21 22 23 24 25 0 REtJQ)~V RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AS A RESPONSIBLE AGENCY UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS, AND MAKING FINDINGS THAT A FINAL PROGRAM ENVIRONMENTAL IMPACT REPORT, AND THE MITIGATION MONITORING PLAN FOR THE REINSTATEMENT OF EMINENT DOMAIN POWERS IN THE REDEVELOPMENT PROJECT AREAS OF THE UPTOWN REDEVELOPMENT PROJECT AND THE CENTRAL CITY NORTH REDEVELOPMENT PROJECT FULLY AND ADEQUATELY ADDRESS THE POTENTIAL ENVIRONMEl'ITAL EFFECTS OF THE APPROVAL BY THE COMMISSION OF SUCH REDEVELOPMEl'IT PLAN AMENDMENTS WHEREAS, the Mayor and Common Council of the City of San Bernardino (the "Common Council") has previously taken certain actions in coordination with the Community Development Commission of the City of San Bernardino (the "Commission") as relates to a proposed reinstatement of the eminent domain powers of the Redevelopment Agency of the City of San Bernardino (the "Agency") within two (2) separate redevelopment project areas of the Agency known as: (i) the Uptown Redevelopment Project and (ii) the Central City North Redevelopment Project, in order that the Agency may undertake programs to eliminate arid prevent the spread of blight in each of these redevelopment project areas; and 19 WHEREAS, the Redevelopment Plan for the Central City North Redevelopment Project (the "Central City North Redevelopment Plan") was approved by the Common Council 20 Ordinance No. 3366 in 1973, and the Redevelopment Plan for the Uptown Redevelopment Project (the "Uptown Redevelopment Plan") was approved by Common Council Ordinance No. MC-527 in 1986, and the condemnation powers of the Agency under the Central City North Redevelopment Plan expired in 1998 and the condemnation powers of the Agency under the Uptown Redevelopment Plan also expired in 1998; and .1. P;\Azendls\RnolutionsIRnolutions\2004\04-08-16 Upl~~n CCN [n.. CDC Rno.dllH: C 2 3 4 5 6 7 8 9 10 II 12 13 0 14 15 16 17 18 19 20 21 22 23 24 25 0 WHEREAS, the City of San Bernardino (the "City") in consultation with the Agency. has also taken action to consider certain changes in the land use element of the City General Plan, as adopted by Common Council Resolution No. 89-15, in order to compliment the potential redevelopment and use of certain lands in a portion of the redevelopment project area of the Uptown Redevelopment Project (the "Upto\vn Project Area") referred to as "Upto\\n Subarea B". and specifically within Uptown Subarea B the lands which are also affected by the proposed changes in the land use element of the City General Plan are described as a two block area bounded by I-215 on the east, "K" Street on the west, 3rd Street on the north, and 2nd Street on the south, and the potential vacation of "I" Street and Kendall A venue within this two block area which such General Plan amendment also contemplates; and WHEREAS, the Common Council and the Commission have previously called upon the residents, property owners, businesses and community organizations within the Uptown Project Area and the redevelopment project area of the Central City North Redevelopment Project (the "CCN Project Area") to form project area committees for each such redevelopment project area, in order for interested residents, business owners and property owners to consider the potential effect of the reinstatement of the Agency's power to acquire land within each such redevelopment project area and to submit a report and recommendation to the Common Council and the Commission relating to reinstatement of the eminent domain powers of the Agency in each such redevelopment project area and the implementation by the Agency of program to eliminate blight in each such redevelopment project area which programs may include the acquisition of property by the Agency using the power of eminent domain; and WHEREAS, during calendar year 2003, an Initial Study was prepared under the provisions of the California Environmental Quality Act ("CEQA") which evaluated the potential effect on the environment of the reinstatement of the eminent domain powers of the Agency in the CCN Project Area and the Uptown Project Area and the potential effect on the environment of an amendment to the land use element of the City General Plan relating to a -2- P:\AI~adas\Rcsolutio.u\Rnolutlons\2004\04-08-16 Uptown CC:"l EDV coc ~.doc I portion of Uptown Subarea B and the potential development of an Agency-sponsored I o 2 redevelopment program to remedy certain conditions of blight in Uptown Subarea B referred to I 8 9 10 11 12 13 0 14 15 16 17 18 19 20 21 22 23 24 25 0 3 as the "Mercado Santa Fe Project"; and 4 WHEREAS, a notice of intent to prepare an environmental impact report was issued in 5 March 2003 relating to the proposed amendment of the Uptown Redevelopment Plan and the 6 Central City North Redevelopment Plan, the Mercado Santa Fe Project and an amendment to the land use element of the General Plan; and 7 WHEREAS, in the months following March 2003, the completion of the preparation of a draft of an environmental impact report document for the reinstatement of the powers of eminent domain in each of the redevelopment project areas was deferred as certain refinements of the Mercado Santa Fe Project were considered, and subsequently, on February 5, 2004, the Environmental Review Committee of the City determined that the environmental study of the reinstatement of the power of eminent domain in the two (2) redevelopment project areas and the associated redevelopment activities relating to such reinstatement of the power of eminent domain in each such redevelopment project areas as described below as the "Project" for purposes of compliance with CEQA, warranted the preparation of a Program Environmental Impact Report (a "Draft EIR") where the elements of the Project include the following: . reinstatement of the Agency's power of eminent domain to acquire land in the Uptown Project Area and the CCN Project Area (this reinstated power of eminent domain to be accomplished by written amendment to the text of each redevelopment plan); . rescission of special and development regulations contained in the Central City North Redevelopment Plan and the amendment of this redevelopment plan to conform to current Community Redevelopment Law relating to relocation of displaced persons and businesses and affordable housing and to require that all new development in the CCN Project Area conform with the City's General Plan, zoning and development regulations as currently in effect or hereafter modified or amended (the rescission of such special development regulations to be accomplished by a restatement of certain provisions of the Central City North -3-. .:\Atlndls\RnolulioRJlResohllionsIJ004\D4.0...16 TJptown CCS Env CDC Ruo.He: 02 014 18 19 20 21 22 23 24 25 0 Redevelopment Plan to conform with the City's General Plan, zomng regulations currently in effect or hereafter modified or amended); and development I 3 a General Plan Amendment affecting approximately 19,02 acres within a portion . 4 of Uptown Subarea B bounded by 3rd and 2nd Streets and between "K" Street and 1-215 from "IL" (Light Industrial) to "CG-I" (General Commercial), and such General Plan Amendment is 5 6 identified as General Plan Amendment No, 04-02; 7 . analysis of a future retail development project within Uptown Subarea B. This 8 development is proposed for approximately 9,2 acres of land generally situated to the south of 3rd Street and is referred to by the City and the Agency as the Mercado Santa Fe Project. For the purpose ofCEQA analysis, the proposed retail development concept assumes approximately 9 10 11 96,241 square feet of retail use and is based on the on-site vehicle parking standard of 4 spaces per 1,000 square feet of retail use, the proposed use requires a minimum of 385 on-site vehicle 12 parking spaces. The Mercado Santa Fe Project as proposed provides approximately 440 parking 13 spaces. Collectively, the potential environmental effects of the elements of the Project (the 15 proposed redevelopment and related activities generally described in the four (4) subparagraphs t6 preceding this sentence) is, for the purposes of the indicated analysis under CEQA, described in 17 this Resolution as the "Project"; and WHEREAS, the City conducted a public scoping meeting to solicit public comments on the preparation of the Draft Program Environmental Impact Report (the "Draft EIR") for the Project; and \VHEREAS, the 2003 Initial Study was updated and the March 2003 notice of preparation was updated and revised as the Notice of Preparation of the City to prepare a Draft EIR for the Project, and was published and circulated to the public, responsible agencies and other interested persons from February 17, 2004 through March 17, 2004, as required by CEQA; and .4- P:\ACtndaJ\Resolutions\Rnolulions\IOO4\04-08-16l:plown CCN En... CDC Rno.dec: 0 2 3 4 5 6 7 8 9 10 11 12 13 0 14 15 16 l' 18 19 o WHEREAS, the text of the Draft EIR (including all appendices) was made available to the public, responsible agencies and other interested persons for their review and comment between April 8, 2004 through May 29,2004 as required by CEQA; and WHEREAS, verbal and written comments were received on the Draft EIR; and WHEREAS, these comments were responded to both orally and in writing as required by CEQA and the Final Environmental Impact Report document (State Clearinghouse No. 200303 I 072), dated June 15, 2004 (the "Final EIR") has been prepared and transmitted to each responsible agency which submitted comments to the Draft EIR; and WHEREAS, the Commission conducted two (2) noticed joint public hearings on July 19, 2004, with the Common Council as relate to the Project and the Final EIR with the first such joint public hearing held in connection with the amendment of the Uptown Redevelopment Plan and the certification of the Final EIR and second joint public hearing held in connection with the amendment of the Central City North Redevelopment Plan and the certification of the Final EIR, and during the course of each such joint public hearing conducted on July 19, 2004, the Commission fully reviewed and considered the Final EIR, the Mitigation Monitoring Plan, the Planning Division staff reports and the recommendations of the Planning Commission as relate to the Project and the Final EIR and drafted its own Facts and Findings and Statement of Overriding Considerations base upon its review such documents. 20 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS FOLLOWS: 21 In connection with the consideration by the Commission of the Section 1. 22 amendment of the Uptown Redevelopment Plan to reinstate the Agency's power of eminent domain in the Uptown Project Area and the amendment and reinstatement of the Central City 23 24 North Redevelopment Plan to reinstate the Agency's power of eminent domain in the CCN Project Area, the Commission conducted the following public hearings on July 19,2004: 25 -5- . ';l.Acendas\Rnolulions\RtsoIUlions\100.\04-0S.16 Uplown CCS En" CDC Reso.6oc: 02 8 9 10 11 12 13 0 14 15 16 17 18 19 20 21 22 23 24 25 0 (i) a joint public hearing with the Common Council to consider an amendment of: the Uptown Redevelopment Plan to reinstate the eminent domain power of the Agency in the I I 3 Uptown Project Area and the potential implementation with the assistance of the Agency of the 4 Mercado Santa Fe Project in Uptown Subarea B and the potential environmental effects of these actions as set forth in the Final EIR; and 5 6 (ii) a joint public hearing with the Common Council to consider an amendment of 7 the Central City North Redevelopment Plan to reinstate the eminent domain power of the Agency in the CCN Project Area and the restatement and amendment of the Central City North Redevelopment Plan to rescind the special development regulations contained in such 1973 redevelopment plan and to conform the provisions of such 1973 redevelopment plan to the current-day Community Redevelopment Law relating to relocation of displaced persons and businesses and affordable housing and to require that all new development in the CCN Project Area conform with the City's General Plan, zoning and development regulations currently in effect and the potential environmental effects of these actions as set forth in the Final EIR. During the course of the joint public hearings identified above, the Commission received and considered all written comments previously received and all oral comments submitted by interested persons relating to the Project and the Final EIR. The Commission hereby finds that the conduct of these public hearings was full and fair and that the Commission has fully considered the potential effect on the environment of the Project. The Final EIR in the form as submitted to the Commission upon the conclusion of these joint public hearings is hereby acknowledged and declared to be the Final EIR for the Project. Section 2. The Final EIR (State Clearinghouse No. 2003031072) is a "program environmental impact report" as this term is defined under CEQA Guidelines Section 15168, for the Project. The Final EIR for the Project, includes consideration of the potential environmental effects of the development of the Mercado Santa Fe Project and General Plan Amendment No. 04-02, and the Final ErR has been prepared and considered in compliance with CEQA. The -6- P:\Al:~ndll"Resolulions\ResolulionJ'2004\04-08.-16 Vplown CC:'<I Env CDC Rno.doc 0 2 3 4 5 6 7 8 9 10 11 12 13 0 14 15 16 17 18 19 20 21 22 23 24 25 0 Final EIR (including the text of the Draft ErR, all technical appendices, the Mitigation Monitoring Plan, the Facts and Findings and Statement of Overriding Consideration) and all the notices, with comments and staff reports related thereto are on file with the City Clerk's Office. Section 3. The purpose of this Resolution is to evidence the actions of the Commission as a "responsible agency" under CEQA in approving the amendments to the Central City North Project Plan and the Uptown Project Plan. Pursuant to CEQA Guidelines . Sections 15050 and 15096 the Commission as a "responsible agency" shall consider and certify the lead agency's ElR prior to approving a project, including providing findings supported by substantial evidence in the record related to substantial environmental effects the project will have on the environment and a statement of overriding considerations addressing the environmental impacts which are not avoidable and cannot be substantially lessened as a result of the project. The Final ErR was presented to the Common Council as the "lead agency" and I the Commission as the "responsible agency" for the Project under CEQA, and the Commission I has reviewed and considered the information in the Final EIR prior to the adoption by the I Commission of an amendment to the Uptown Project Plan reinstating the Agency's eminent I I domain power in the Uptown Project Area, and prior to the adoption by the Commission of an amendment to the Central City North Project Plan reinstating the Agency's eminent domain power in the CCN Project Area as well as the related rescission of the special land development regulations and the reinstatement of the Central City North Redevelopment Plan to conform to current City General Plan, zoning and development regulations and current day provisions of Community Redevelopment Law relocation and affordable housing standards. The Commission has adopted Facts and Findings and a Statement of Overriding Considerations as part of its certification of the Final EIR and approval and adoption of the Mitigation Monitoring Plan for the Proj ect. Section 4. The Commission hereby finds that: (1) the Final EIR has identified all significant environmental effects of the Project, including the potential development of the Mercado Santa Fe Project. -7- P:\Acend.J\RelOlulions\Raolutions\Z004\04-08-16 Uplo...n CCN En.. CDC Rcso.doc: 0 2 3 4 5 6 7 8 9 10 11 12 13 0 14 15 16 17 19 20 21 22 23 24 25 0 \ i I (2) the Final EIR identifies certain significant environmental effects that would I result but which significant effects can be mitigated to a level of less than significant provided I that the applicants and owners of land who may undertake the development of the Mercado Santa Fe Project (if it occurs), and other future development within the portion of Uptown Subarea B affected by General Plan Amendment No. 02-04 (if such development occurs) undertake feasible environmental impact mitigation measures as set forth in the Mitigation Monitoring Plan for the Final EIR to reduce or eliminate such potential impacts to a level which is less than significant. The Mitigation Monitoring Plan and all information contained therein is included in the Final EIR and incorporated herein by reference. The basis on which the Commission finds that such potentially significant environmental effects of the Project have been or shall be mitigated to a level which is less than significant is set forth in the Facts and Findings and Statement of Overriding Considerations of the Project. The Facts and Findings and'Statement of Overriding Considerations for the Project is attached as Attachment "A" and incorporated in this Resolution by this reference, (3) the Final EIR concludes that despite the implementation of feasible mitigation measures to lessen the potential impact of certain effects of the Project on the environment, that in three (3) areas of environmental concern under CEQA, the potential effects on the environment of the Project cannot be fully mitigated or reduced to a level which is less than 18 significant. These areas are identified as follows: (i) temporary construction activities of the Mercado Santa Fe Project (dust and construction vehicle exhaust) - although the Final EIR sets forth mitigation measures which are estimated to reduce the potential impacts by 50% the remaining effect, even after the implementation of the feasible mitigation measures identified in the Final EIR is still significant in the case of temporary construction activity impacts of the Mercado Santa Fe Project in Uptown Subarea B; 11/ -8- P:\ACtnduIRnoluliOftJ\RnoluliuRIU004\o.&-08-16 Uplown CCS En.. CDC Rno.doc (ii) the Long-Term Regional Air Quality Impacts or the air emissions (stationary o 2 source plus mobile/traffic source) of the Mercado Santa Fe Project and General Plan 7 8 9 10 11 12 13 0 14 15 16 17 18 19 20 21 22 23 24 o 3 Amendment No. 04-02 are forecast in the Final EIR exceed the thresholds for significant effect 4 established by the SCAQMD. However, there are no mitigation measures currently available to 5 reduce emissions from mobile sources, and as a consequence, the long-term air quality impacts 6 of the Project remain significant and unavoidable; (iii) Year 2008 Freeway Segment Conditions and Year 2025 Freeway Segment Conditions are both indicated in the Final EIR to be operating at unsatisfactory conditions, and the Project will contribute to such adverse conditions in the year 2008 and in the Year 2025 under the traffic impact generation models considered in the Final EIR. Although certain mitigation measures could be implemented in the case of the freeway segment conditions to improve the operation of the freeway segments to an acceptable level of serve (or a non- significant impact on the environment for both 2008 and 2025), the mitigation measures identified in the Final EIR are not within the jurisdiction of the Commission to implement. Caltrans has jurisdiction for providing for capital improvements to the indicated freeway segments, and at the present time Caltrans has not formulated any mechanism for proponents of the Project (in particular the Mercado Santa Fe Project and the owners of land benefited by General Plan Amendment No. 04-02) to pay fees or make other fair share contributions to improve mainline freeway segments to so eliminate the adverse impact of the development of such land on the operation of the freeway segments. Potential mitigation measures or other project alternatives relating to the three (3) unavoidable significant impacts of the Project as generally identified in this Section IY.E., were not incorporated into or adopted as part of the Project, as the mitigation of these impacts is regarded as infeasible and not economically or socially viable based on specific economic, social, or other considerations as set forth in the Facts and Findings and Statement of Overriding 25 Considerations. -9- P:\A~ndlS\RaoluliunJ\Rl$olulions\Z004\04.0"'16 Uplown ees En~ CDC RcIo.doc 0 2 , 0 4 5 6 7 8 9 10 12 13 0 14 15 16 10 (4) the Commission has given great weight to the significant unavoidable adverse environmental impacts of the Project. Nevertheless, for the reasons set forth in the Facts and Findings and Statement of Overriding Considerations the Commission hereby finds and determines that the significant unavoidable adverse impacts of the Project are clearly outweighed by the elimination of blight which affects each of the redevelopment project areas and the economic, social, cultural and other benefits to the community which shall be realized by the Project, including the potential development of the Mercado Santa Fe Project, the redevelopment of the lands affected by General Plan Amendment No. 04-02, as set forth in the II Facts and Findings and Statement of Overriding Considerations, which is hereby adopted and approved by the Commission as the responsible agency under CEQA for implementing certain aspects of the Project. (5) the findings contained in the Facts and Findings and Statement of Overriding Considerations with respect to the significant environmental impacts of the Project identified in the Final EIR are true and correct, and are based upon substantial evidence in the record, including documents comprising the Final EIR. (6) the Final EIR, Mitigation Monitoring Plan, and the Facts and Findings and Statement of Overriding Considerations reflect the independent review, analysis and judgment 17 of the Agency and the Commission. 18 Section 5. The Facts and Findings and Statement of Overriding Considerations are 19 approved and adopted; the Final Program Environmental Impact Report is certified; and the 20 Furthermore, pursuant to CEQA Mitigation Monitoring Plan is approved and adopted. 21 Guidelines Section 15097 the Commission ensures that the Agency shall comply with the requirements of the Mitigation and Monitoring Program, including the submission of any 22 23 necessary reports dunng (i) all condemnation proceedings initiated by the Agency on land lying within the CCN Project Area or the Uptown Project Area; (ii) the construction of the Mercado Santa Fe Project if assistance is granted by the Agency; and, (iii) any redevelopment 24 25 -10- P;\Agcndas\Rl'SOlutions\Rcsollltions\20Q4\fI4-08-16l'pto..n eeN En" CDC Rae.doc 0 2 3 4 5 6 7 8 9 I project lying within the land affected by General Plan Amendment No. 04-02 to which the! Agency grants assistance. Section 6. The Executive Director of the Agency is hereby directed, in cooperation with the City Planning Division, to file a Notice of Determination with the County of San Bernardino Clerk of the Board of Supervisors certifying the Commission's compliance, as a responsible agency under CEQA in reviewing and approving the Final Program Environmental Impact Report for the Project, including the adoption of the Facts and Findings and Statement of Overriding Considerations and the approval of the Mitigation Monitoring Plan. A copy of such Notice of Determination shall be forwarded to the State Clearinghouse. The Resolution shall become effective immediately upon its adoption. Section 7. 10 11 1/1/ /II 12 /II 13 0 /Ii 14 III . . 15 /II 16 ./ / / 17 1// 18 /II 19 /II 20 /II 21 /II 22 /II 23 /II 24 /II 25 III 0 -11-. P:l.AccndlS\Rc50lulionsl.Resolutlon$\%004\04-08-16l.plown CCN [n" CDC RQO.doc: 0 2 3 4 5 6 7 8 9 10 11 12 13 0 14 15 16 17 18 o RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AS A RESPONSIBLE AGENCY UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS, AND MAKING FINDINGS THAT A FINAL PROGRAM ENVIRONMENTAL IMPACT REPORT, AND THE MITIGATION MONITORING PLAN FOR THE REINSTATEMENT OF EMINENT DOMAIN POWERS IN THE REDEVELOPMENT PROJECT AREAS OF THE UPTOWN REDEVELOPMENT PROJECT AND THE CENTRAL CITY NORTH REDEVELOPMENT PROJECT FULLY AND ADEQUATELY ADDRESS THE POTENTIAL ENVIRONMENTAL EFFECTS OF THE APPROVAL BY THE COMMISSION OF SUCH REDEVELOPMENT PLAN AMENDMENTS I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community Development Commission of the City of San Bernardino at a meeting thereof, held on the day of , 2004, by the following vote to wit: Commission Members: Aves Navs Abstain Absent ESTRADA LONGVILLE MCGINNIS DERRY KELLEY JOHNSON MC CAl\1MACK 19 Secretary 20 day of ,2004. The foregoing resolution is hereby approved this 21 22 Judith Valles, Chairperson Community Development Commission of the City of San Bernardino 23 24 By: 25 -12- P:\AI~ndasl.ReSlllufions\Rcsolllfions\!004\04.08-16lJplown CC:'Ii [n\l CDC Rno.doc C 2 3 4 5 6 7 S 9 10 II 14 0 15 16 17 IS 19 20 21 22 23 24 25 26 27 2S 0 RESOLVTI~~ ~y 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 WHEREAS, the City of San Bernardino ("City") is a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California; 12 and 13 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 et seq.; and 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 WHEREAS, the Common Council has subsequently adopted certain amendments to the Redevelopment Plan for the Uptown Redevelopment Project as follows: (i) Common Council Ordinance No. MC-927 on December 19, 1995; and (ii) Common Council Ordinance No. MC-1161 on December 1,2003. \VHEREAS, 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 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 4825-3864-24321 -1- P:'Agendas\Resolutions\Resolutions'2004\04-08-16 l'ptOV.ll Blight Analysis CDC Reso.doc 0 2 3 4 5 6 7 8 9 II 12 13 14 0 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 10 redevelopment project area of the Uptown Redevelopment Project (the "Project Are:1"') by eminent domain; and 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 members of the Project Area Committee for the Project Area have considered and approved the 2004 Amendment and have voted to recommend the Common Council and the Commission that the 2004 Amendment be approved at the Joint Public Hearing scheduled for July 19, 2004 on the 2004 Amendment; 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 4825-3864.24321 -2- P:\AgendasIResolutlOns\Resolul1ons'2004\04-0S-I6 Uptown Blight Analysis CDC Reso.doc 0 2 3 4 5 6 7 8 9 10 11 12 13 14 0 15 16 17 18 19 20 o 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: "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 L\tIPACT ANALYSIS REPORT, Al\'D ADOPTING GENERAL PLAN AMEl\TIMENT NO. 04-02"; and WHEREAS, the Commission has adopted its resolution entitled: "RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AS A RESPONSIBLE AGENCY UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS, AND MAKING FIl\TIINGS THAT A FINAL PROGRAM ENVIRONMENTAL IMPACT REPORT. AND THE MITIGATION MONITORING PLAN FOR THE REINSTATEMENT OF EMINENT DOMAIN POWERS IN THE REDEVELOPMENT PROJECT AREAS OF THE UPTOWN REDEVELOPMENT PROJECT AND THE CENTRAL CITY NORTH REDEVELOPMENT PROJECT FULLY AND ADEQUATELY ADDRESS THE POTENTIAL ENVIRONMENTAL EFFECTS OF THE APPROVAL BY THE COMMISSION OF SUCH REDEVELOPME:\'T PLAN AMENDMENTS"; and 21 WHEREAS, all legal prerequisites to the passage of this Resolution have occurred and been taken in accordance with applicable law. NOW, THEREFORE THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, FIND AND DETERMINE AS FOLLOWS: 22 23 24 SECTION I. The information set forth in the Recitals of this Resolution is true an 25 correct. The Commission has conducted a full and fair joint public hearing with the Commissio Council on July 19,2004 regarding the 2004 Amendment. SECTION 2. The purposes and intent of the Commission with respect to the 2004 Amendment is to reinstate the Agency's eminent domain authority with respect to all property in 26 27 28 4825-3864-2432.1 -3- P:\.A.gendas\Resolutions\Resolutions\2004\04-08-16 Uptov.m Blight Analysis CDC Reso.doc 0 2 3 4 5 6 0 15 16 17 18 19 20 o I I I the Project Area for a twelve (12) year period thereby protecting and promoting the sound: redevelopment of the Project Area and the general welfare of the inhabitants of the City byl providing a method of property acquisition through the potential use of eminent domain in order for the Agency to be able to assemble parcels, attract redevelopment interest by owners of land and third persons and secure capital improvement in the Project Area by insuring its ability to deliver property for redevelopment purposes as part of specific programs to eliminate and prevent the spread of blight in the Project Area. SECTION 3. The Commission has reviewed and considered all of the staffreports and 8 consultant reports prepared by or at the direction of the Agency and the City, the staff and 9 consultant's presentations submitted at the joint public hearing, including without limitation the 10 visual display of maps, graphs, charts and photographs and the written correspondence and oral II I comments of interested persons submitted to the Commission and the Common Council at the 12 joint public hearing. and the "Report to Mayor and Common Council, 2004 Eminent Domain 13 Amendment, Uptown Redevelopment Report" (the '"Section 33352 Report"). as part of its 14 consideration of the 2004 Amendment. 7 21 SECTION 4. (a) The Section 33352 Report contains a summary of facts and information which indicate that conditions of blight continue to burden the Project Area. The observation of the conditions of blight which afflict the Project Area is described in the Section 33352 Report. The Section 33352 Report includes both field observation of conditions in the Project Area and analysis of technical data. The field observation was conducted by AgencY staff and qualified consultants. as described in the Section 33352 Report. all of whom have significant experience in compiling and evaluating data relating to the existence of blight in a redevelopment project area. 21 The Project Area displayed substantial evidence of blight in 1986 at the time when the Redevelopment Plan was adopted. The existence of blight in 1986 was so prevalent that blight caused a reduction and lack of property utilization of the area to such an extent that the lands in the Project Area posed a physical and economic burden on the community. CRL Section 33031 contains the primary source of law for the definition of "blight". The following contains a summary of the information contained in the Section 33352 Report which is organized under each of the four (4) elements or categories of "physical blight" (CRL Section 3303 I (a)) and the five (5) elements or categories of '"economic blight" (CRL Section 23 24 25 26 " ., 28 4825-386-1-2.1321 -4- P:'Agendas'.ResolutionsResolutions'1004\O.!-08-16 Cptown Blight Analysis CDC Rcso.doc 33031(b)). The applicable text of the statute is presented in bold-faced type, followed by a o ~ summary of the applicable facts contained in the Section 33352 Report. 3 eRL Section 33031(a)(I): "Buildings in which it is unsafe or unhealthy for person 4 to live or work. These conditions can be caused by serious building code violations 5 dilapidation and deterioration, defective design or physical construction, faulty 0 0 15 16 17 ] S 19 20 ~I 22 ,- _0 24 25 26 ,- ., 28 0 6 inadequate utilities, or other similar factors." This provision describes one of the "classic" symptoms of blight. The informatio 8 summarized in the Section 33352 Report was assembled from field observation of the exterio 9 areas of buildings and structures visible to Agency staff and consultants from the public street 10 and public right-of-ways in the Project Area. It is believed that interior inspection of th 12 many properties which were not visible from public streets. would likely indicate many more an 13 potentially very serious life and safety related building deficiencies than described in the Sectio 14 33352 Report. II buildings and structures in the Project Area, as well as closer inspections of the exterior areas 0 Nevertheless, the Section 3352 Report indicates that 17.9% of the improved parcels 0 land in Subarea A of the Project Area contain buildings which display signs of dilapidation an deterioration, and that 17.1 % of the improved parcels ofland in Subarea B of the Project Are contain buildings which display signs of dilapidation and deterioration. [Section 3352 Report B 3 and B-4.] It is noted that these numbers are likely to conceal a number of problems 0 symptoms of blight for the reasons stated above. Elsewhere in the Section 33352 Report, it i noted that the Project Area contains a comparatively large number of vacant parcels of land nearly one fourth (!14th) of parcels are vacant [Section 33352 Report B-5]. In an older and full urbanized area of a community such as the Project Area, such a large percentage of vacant 0 unused parcels of land often is an indication of long-standing conditions of blight. This larg number of vacant parcels of land, in an otherwise fully developed urban area, is in large part th result of an effective and sustained effort on the part of the City to enforce building and safet laws [Section 33352 Report B-23]. As buildings have deteriorated in the Project Area, the Cit has taken action to compel property owners to respond to such deterioration and life safet dangers. In many, many cases over the past ten (10) years, property owners have elected t 4825-3864-24321 -5- P:'..AgendasiResolutlons\ResoIUlions'10o.+,04-08-16 Uptown Bllgh,t Analysis CDC Reso.doc 0 2 3 4 5 6 7 8 9 10 II 13 14 0 15 16 17 18 19 20 21 22 o I demolish such unsafe structures rather than repair them. [See Section 33352 Report B-23: "FoJ the five-year period of 1997-98 through 2001-02, code compliance for deterioration an~ dilapidation cases for the Project Area were higher by 6 times the City average."] Thus the unusually high percentage of vacant parcels of land, plus the conditions a observed in the Section 33352 Report relating to the condition of buildings serve to provid confirming evidence that the condition of blight described in CRL Section 33032(a)(1) is presen in the Project Area. [Section 33352 Report B-2 through B-7 and accompanying photographs a B-8 through B-1 1.] Furthermore, despite the extensive availability of vacant land to support new constructio in the Project Area, new construction simply has not occurred for a number of interrelate factors. A key among these is the fact that old lots - especially the commercially zoned lots 12 are too small to permit new development under current day planning and zoning standards unless such vacant parcels are first assembled with adjacent. In view of the information set forth in the Section 33352 Report the Commission hereb finds that the condition of blight described in CRL Section 33031(a)(1) is present in the Projec Area and is a prevalent and substantial condition which causes a reduction and lack of utilizatio of the Project Area and substantially contributes to a serious physical and economic burden 0 the community which cannot reasonably be expected to be reversed or alleviated by privat enterprise or government action, or both without redevelopment. 23 CRL Section 33031(a)(2): "Factors that prevent or substantially hinder the economically viable use or capacity of buildings or lots. Tbis condition can be caused by a substandard design, inadequate size given present standards and market conditions, lack of parking, or other similar factors." This condition or symptom of blight remains present in the Project Area. The large number of vacant lots in the Project Area - 24% of all legal parcels are vacant in the Project Area comprising approximately 22% of the total acreage of the Project Area - evidences this symptom of blight [Section 33352 Report B-5]. The small size of parcels ofland in the Project Area also contributes to the problem and in particular, prevents the reuse of many parcels on which older buildings have already been demolished because of age and deterioration or 24 25 26 27 28 4825-3864.2432.1 -6- P:\Agendas'Resolutlons\Resolutlons'1004\04-08.16 Cptown Blight AnalysIs CDC Reso.doc 02 015 16 o 3 economic obsolescence. Small lot size - particularly on community yard properties - 8.000 square feet where the current zoning and development standards require 10,000 square foot commercial lot size minimum standard - prevent economically feasible reuse of property in the Project Area in many, many cases. As stated in the Section 33352 Report, "assessing all the parcels in the Project Area and comparing to the City's minimum lot requirements for each General Plan land use, 70.1 % of the parcels are non-conforming and do not meet the minimum lot requirement". [Section 33352 Report B-18] In view of the information set forth in the Section 33352 Report the Commission hereby finds that the condition of blight described in CRL Section 33031(a)(2) is present in the Project Area and is a prevalent and substantial condition which causes a reduction and lack of utilization of the Project Area and substantially contributes to a serious physical and economic burden on the community which cannot reasonably be expected to be reversed or alleviated by private enterprise or goverrunent action, or both without redevelopment. CRL Section 33031(a)(3): "Adjacent or nearby uses that are incompatible with each other and which prevent the economic development of those parcels or other portions of the project area." This condition is a symptom of blight and is found in the Project Area. [Section 33352 Report B-15 through B-16 and accompanying photographs.] In addition, this condition is compounded by the fact that the substantial majority of the residential use parcels of land which are mixed in among the commercial use parcels along the main street traffic arterial streets are non-conforming parcels of land. In the case of the "medium density" residential parcels of land which are interspersed among the commercial use parcels (e.g. a residential parcel of land improved with a fourplex situated between two small commercial use parcels improved with "office" type or other nomesidential uses), 82.2% of such "medium density" residential use parcels are non-conforming [Section 33352 Report B-19]. It should also be noted that the total number of residential use parcels in the Project Area is fairly low (125 parcels out of a total of 1,144 parcels) in comparison to the other "general commercial"/industrial uses of land in the Project Area. And yet the average number of residents per residential use parcel of land is remarkably high (e.g. approximately 2,760 residents in the Project Area [Section 33352 Report B-21)). This indicates that the average number of residents per residential parcel is approximately 23 persons per parcel. Since the majority of all residential use parcels are non- 4 5 6 " , 8 9 10 II 12 ]3 14 17 ]8 19 20 21 22 23 24 25 26 27 28 4825-3864-2432.1 -7- P:\Agcndas\Resolulions\Rcsolutions'1004\04-08-16 Uptov.n Blight AnalySIS CDC Rcso.doc 0 2 3 4 5 6 7 8 9 10 II 12 13 14 015 16 17 28 o conforming or substandard in size, the evidence of incompatibility of land uses also ser.'es to provide evidence of the conditions of residential overcrowding which is observed in the Project Area. 18 In view of the information set forth in the Section 33352 Report the Commission hereby finds that the condition of blight described in CRL Section 3303 1 (a)(3) is present in the Project Area and is a prevalent and substantial condition which causes a reduction and lack of utilization of the Project Area and substantially contributes to a serious physical and economic burden on the community which cannot reasonably be expected to be reversed or alleviated by private enterprise or government action, or both without redevelopment. CRL Section 33031(a)(4): "The existence of subdivided lots of irregular form and shape and inadequate size for proper usefulness and development that are in multiple ownership." This condition of blight is also present in the Project Area. The ownership pattern of land in the Project Area is exceedingly diverse and such small ownership pattern indicates that land assembly by private property owners has not occurred. It is likely that given all the other burdens affecting the Project Area, and the comparative ease for commercial businesses and buyers of property to select other less challenged and newer areas of the community for investment, that the assembly of small parcels into larger parcels of developable land in the Project Area is not reasonably likely to occur without redevelopment assistance in one form or another. 19 In view of the information set forth in the Section 33352 Report the Commission hereby finds that the condition of blight described in CRL Section 33031(a)(4) is present in the Project Area and is a prevalent and substantial condition which causes a reduction and lack of utilization of the Project Area and substantially contributes to a serious physical and economic burden on the community which cannot reasonably be expected to be reversed or alleviated by private enterprise or government action, or both without redevelopment. CRL Section 33031(b)(1): "Depreciated or stagnant property values or impaired investments, including, but not necessarily limited to, those properties containing hazardous wastes that require the use of agency authority as specified in Article 12.5 (commencing with Section 33459)." 20 21 22 23 24 25 26 27 4825-3864-2432.1 -8- P:\AgendasResolul1onsResolul1ons'2004\04-08-16 UptO"'" Blight AnalySIS CDC Reso.doc 0 2 3 4 5 6 7 8 015 16 28 o 9 This symptom of blight is present in the Project Area. Despite recent news reports and general views about rising real estate investment values in the Inland Empire and in San Bernardino in particular, the Project Area appears to be an area of the community which has not benefited from these generally favorable economic conditions in recent years. In part of fact, since the time when the Project Area was established in 1986 a serious and sustained series of negative economic factors have produced an almost "perfect storm" of adverse economic conditions in the Project Area. The economic down-turn of the late 1980's and early '90s, coupled with the closing of the nearby Santa Fe railway locomotive repair shop facility and the closing of nearby Norton Air Force Base have resulted in a major exodus of commercial business activity from the Project Area since 1986. As is readily apparent in the Section 33352 Report, as well as apparent to an untrained observer who merely takes a drive through the Project Area, virtually no new development or construction activity since 1986, is apparent in the Project Area today. In light of the large number of vacant parcels ofland available in the Project Area, this fact is particularly significant and indicative of this economic condition of blight. The Section 33352 Report provides a good summary of the available evidence of the existence of stagnant and depreciated property values which serve to illustrate this problem: "In order to examine the economic health of the Project Area, trends in secured property values, which include the land and improvement values, were analyzed for the fiscal years 1998-99 through 2002-03. The Project Area assessed values increased by 1.37% annually during this period. The secured assessed value for the City increased by 1.79% annually from 1998-99 through 2002-03. A more detailed, analysis by San Bernardino County Assessor's Parcel Map Book and Page of the Project Area assessed values revealed that despite the slow growth in the value of the entire Project Area, many blocks actually declined and did not keep pace with the Proposition 13 inflationary adjustment, due to declining market values. The analysis revealed that parcels on 16 map book pages declined in value and in addition to this, parcels on 15 more map book pages did not grow by the Proposition 13 inflationary adjustment rate of2%. These 31 pages represent 54% of the total Project Area's blocks." [See Section 33352 Report Table B-6] 10 11 12 1- J 14 17 18 19 20 21 22 23 24 25 26 27 4825-3864-2432.1 -9- P:\AgendasIResolulIons"Resolutions'2004\04-08-16lJptown Blight AnalYSIS CDC Reso.doc 0 2 3 4 5 6 7 8 9 10 II 12 13 14 0 15 16 17 18 19 20 22 23 24 25 26 27 0 28 21 In view of the information set forth in the Section 33352 Report the Commission hereby finds that the condition of blight described in CRL Section 33031 (b)( I) is present in the Project Area and is a prevalent and substantial condition which causes a reduction and lack of utilization of the Project Area and substantially contributes to a serious physical and economic burden on the community which cannot reasonably be expected to be reversed or alleviated by private enterprise or government action, or both without redevelopment. CRL Section 33031(b)(2): "Abnormally high business vacancies, abnormally low lease rates, high turnover rates, abandoned buildings, or excessive vacant lots within an area developed for urban use and served by utilities." This symptom of blight is present in the Project Area. The photographs and the Section 33352 Report portray a number of vacant commercial use structures in the Project Area. The number of vacant and under utilized commercial buildings particularly along Highland Avenue is quite noticeable to the casual observer. In addition, the unusually high percentage of vacant parcels in the Project Area provides evidence that this condition of blight exists. In view of the information set forth in the Section 33352 Report the Commission hereby finds that the condition of blight described in CRL Section 3303I(b)(2) is present in the Project Area and is a prevalent and substantial condition which causes a reduction and lack of utilization of the Project Area and substantially contributes to a serious physical and economic burden on the community which cannot reasonably be expected to be reversed or alleviated by private enterprise or government action, or both without redevelopment. CRL Section 33031(b)(4): "ResidentiaI!>vercrowding or an excess of bars, liquor stores, or other businesses that cater exclusively to adults, that has led to problems of public safety and welfare." This symptom of blight is present in the Project Area. Residential overcrowding is a significant problem and one which is not likely to improve without redevelopment. Although the sustained efforts of City code enforcement have produced very positive results in the Project Area, government action alone cannot remedy the problem in the near term. The investment of private capital is required to address the problem of residential overcrowding. Given the extent of blighting conditions in the Project Area, it is unfortunately not surprising that the investment of private capital in the Project Area since 1986 has not made much of an improvement since the time the Project Area was established. This is confirmed by the finding under CRL Section 48~5-386~.2432.1 -10- P:\Agendas\Resolutlons\Resolutlons'.200-l\04.08-16 Uptown Blight Analysis CDC Reso.doc 0 2 3 4 5 6 "7 8 9 10 11 13 14 0 15 16 17 18 19 20 21 22 o 28 12 33032(a)(3), above. Furthermore, the presence of so-called "adult business" activities in the Project Area, such as on Highland A venue, provides evidence of the persistent and adverse nature of these conditions of blight. [Section 33352 Report B-29 and B-30] In view of the information set forth in the Section 33352 Report the Commission hereby finds that the condition of blight described in CRL Section 33031(b)(4) is present in the Project Area and is a prevalent and substantial condition which causes a reduction and lack of utilization of the Project Area and substantially contributes to a serious physical and economic burden on the community which cannot reasonably be expected to be reversed or alleviated by private enterprise or government action, or both without redevelopment. CRL Section 33031(b)(5): "A high crime rate that constitutes a serious threat to the public safety and welfare." This symptom of blight is present in the Project Area. [Section 33352 Report B-26 through B-30.] In view of the information set forth in the Section 33352 Report the Commission hereby finds that the condition of blight described in CRL Section 33031(b)(5) is present in the Project Area and is a prevalent and substantial condition which causes a reduction and lack of utilization of the Project Area and substantially contributes to a serious physical and economic burden on the community which cannot reasonably be expected to be reversed or alleviated by private enterprise or government action, or both without redevelopment. (b) In view of the information set forth in the Section 33352 Report the Commission hereby finds that the conditions of blight described in CRL Section 33031 are present in the Project Area and that these conditions are prevalent and substantial conditions which cause a reduction and lack of utilization of the Project Area and substantially contribute to a serious physical and economic burden on the community which cannot reasonably be expected to be reversed or alleviated by private enterprise or government action, or both without redevelopment. (c) The Commission hereby further finds that the 2004 Amendment to the Redevelopment Plan shall assist the Agency to correct and eliminate the spread of blight in the Project Area by means of assisting owner participants and third party developers under the terms of specific redevelopment agreements and covenants acceptable to the Agency to consolidate 23 24 25 26 27 4825.3864.2432 I -11- P:lAgendasIResolullons\Reso\Ullons.2004'.o4-08.16 eplown Blight. AnalySIs CDC Reso.doc 0 2 3 4 5 6 7 8 9 10 II 12 13 14 0 15 16 !7 18 19 20 21 22 23 24 25 26 27 28 0 parcels, eliminate obsolete or blighted structures or conditions on commercial use property and preserve and create new employment and private capital investment in the Project Area. SECTION 5. The Commission hereby acknowledges its receipt and approval of thei 33352 Report. The Commission hereby requests the Common Council to consider and approve the 33352 Report in the form as submitted at the joint public hearing for the adoption of the 2004 Amendment to the Redevelopment Plan. SECTION 6. The Commission hereby acknowledges its receipt of a document entitled "Written Responses and Findings to Written and Oral Objections Received Prior to or at the July 19, 2004, Joint Public Hearings for the Amended and Restated Redevelopment Plan for the Central City North Project Area and for the Amendment to the Uptown Redevelopment Project Area Plan" (the "Written Responses and Findings") and the Commission hereby approves and adopts the responses and findings contained therein in cOlU1ection with the adoption of the 2004 Amendment to he Redevelopment Plan. The Commission hereby requests the Common Council to approve and adopt the Written Responses and Findings and to overrule each and every written and oral objection submitted by any person to the adoption of the 2004 Amendment to the Redevelopment Plan. A copy of the Written Responses and Findings is on file with the City Clerk. SECTION 7. The Commission hereby approves and adopts the 2004 Amendment, a copy of which is on file with the Agency Secretary, and which 2004 Amendment is incorporated herein by this reference, and the Commission designates the Redevelopment Plan, as amended by the 2004 Amendment (hereinafter, the "Amended Redevelopment Plan") as the official redevelopment plan for the Uptown Redevelopment Project subject to the adoption of an appropriate Ordinance of the Common Council which approves and adopts the 2004 Amendment and the Amended Redevelopment Plan. SECTION 8. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Resolution, 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 Resolution. The Commission hereby declares that it would have adopted this Resolution and each, section subdivision, sentence, clause, phrase, or portion of this Resolution, 4825-3864-2432.1 -12- P:\Agendas\Resolulions\Resolutlons'2004\04-08-16 Lptown Blight Analysis CDC Reso.doc O2 3 4 5 irrespective of the fact that one or more sections, subdivisions, sentences, clauses, phrases, or portions of this Resolution be declared invalid for any reason. SECTION 9. This Resolution shall take effect upon adoption. The Agency Secretary shall certify the adoption of this Resolution. //1 6 //1 7 /1/ 8 /1/ 9 /1/ 10 /1/ II /1/ 12 /1/ 13 /1/ 14 0 /1/ 15 /1/ 16 /1/ 17 /1/ 18 //1 19 20 /1/ 21 /1/ 22 /1/ 23 /1/ 24 /1/ 25 /1/ 26 //1 27 /1/ 0 28 //1 4825-3864-2432.1 -13- P:\AgendasIResolutionslResolutionsI2004\04-08-16 Uptown Blight Analysis CDC Reso.doc 6 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 02 3 4 5 7 8 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the 9 Community Development Commission of the City of San Bernardino at a meeting 10 thereof, held on the II 12 Commission Members 13 ESTRADA 14 0 LONGVlLLE 15 MCGINNIS 16 DERRY 17 KELLEY 18 JOHNSON 19 MC CAMMACK 20 21 day of , 2004, by the following vote, to wit: AYES NAYS ABSTAIN ABSENT Secretary 22 23 The foregoing resolution is hereby approved this day of ,2004. 24 25 26 27 Approved I 0 28 By: Judith Valles, Chairperson Community Development Commission of the City of San Bernardino 4825.3864-2432.1 -14- , I P:\AgendasIResolutionslResol ons\2004\04-08-16 Uptown Blight AnalysIs CDC Reso.doc . C 2 , , 4 5 6 7 13 014 o RESOLUTION~ 0) fp Y A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ADOPTING WRITTEN RESPONSES TO WRITTEN AND ORAL OBJECTIONS TO THE AMENDMENT TO THE UPTOWN REDEVELOPMENT PROJECT AREA PLAN WHEREAS, the City of San Bernardino ("City") is a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California; 8 and 9 WHEREAS, the Redevelopment Agency of the City of San Bernardino ("Agency") is a 10 public body, corporate and politic, organized and existing under the California Community 11 Redevelopment Law (the "CRL"), and CRL is found at Health and Safety Code Section 33000 12 et seq.; and WHEREAS, the Community Development Commission of the City of San Bernardin (the "Commission") is the governing board ofthe Agency; and 15 WHEREAS, the Mayor and Common Council of the City of San Bernardino ("Common 16 Council") and the Commission have undertaken proceedings in accordance with the California 1, Community Redevelopment Law, Health and Safety Code Section 33000 et. seq. ("CRL") to 18 adopt an Amendment to the Uptown Redevelopment Project Area ("Amendment"); and WHEREAS, the purpose of the proposed Amendment is to reinstate eminent domai 19 20 authority throughout the Uptown Redevelopment Project Areas for a period of 12 years from th 21 date of adoption as a redevelopment tool to help alleviate and eliminate the spread of blightin 22 conditions in the Project Area; and 23 WHEREAS, on July 19, 2004, the Common Council and the Commission held their join 24 public hearing ("Joint Public Hearing") on the adoption of the proposed Amendment; and 25 -1- r:\A,endn\RetclluliOlls\RnohltioIlJ\ZOO4'.04-08-16 Vplowa Wrllltlt Rnpon__ 0 C 3 4 5 6 7 8 9 10 014 o I i WHEREAS, at the Joint Public Hearing, the Mayor, as the presiding officer of thd Common Council and the Chair of the Agency. called for public testimony, and all persoJ present were afforded the opportunity to testify and submit written materials; and WHEREAS, written and oral objections were presented at the Joint Public Hearing; and WHEREAS, Section 33363 of the CRL provides that, where written objections ar received at or prior to the hearing concerning the adoption or amendment of a redevelopmen plan, the legislative body: ......shall respond in ""Titing to the Mitten objections... The Mitte responses shall describe the disposition of the issues raised. The legislative body shall addres the written objections in detail, giving reasons for not accepting specified objections an 11 suggestions. The legislative body shall include a good-faith, reasoned analysis in it 12 response. . . .": and 13 WHEREAS, the Agency staff has reviewed the written and oral objections presented a the July 19, 2004 Common Council and the Commission Joint Public Hearing and hav 15 participated in the preparation of written responses to said objections ("'Responses"); and 16 WHEREAS, Agency Counsel hired a court reporter to prepare a transcript of the Ora 17 Objection presented at the Joint Public Hearing onJuly 19,2004; and 18 WHEREAS, the Agency staff has compiled a summary of those citizens completin 19 speaker slips for the Joint Public Hearing on July 19, 2004. 20 NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY 0 21 22 SAN BERNARDINO, DOES HEREBY RESOLVE, DETERMINE AND ORDER, A 23 FOLLOWS: 24 25 -2- P:\Acendlli\ReJOlulionl\JtnoJulions\1004'04-08-16 Uptown Wrilltn Rnponllft"doc 0 2 3 4 5 6 7 014 Section I. The facts set forth in the Recitals of this Resolution are true and correc and are hereby made part of the findings and determinations of the Common Council as related! to the approval and adoption of the Responses. Section 2. The August 10, 2004 Staff Report for the Uptown Redevelopment Projec Area including Exhibit "A" and Attachment I, 2, 3 and 4 of Exhibit "A" to the UptO\\ Redevelopment Project Area Staff Report are incorporated and made part of this resolution b reference. 8 Section 3. The Common Council hereby approves and adopts the Responses, in th 9 10 form submitted herewith, as their findings and responses, based upon legal analysis and othe 11 discussions and presentations of facts and the substance of each comment, to the written and ora 12 objections presented at or prior to the July 19, 2004 Joint Public Hearing on the adoption of th 13 Amendment to the Uptown Redevelopment Project Area Plan. The Common Council furthe finds and determines, based upon the summary of the speaker slips (Attachments No.2 and No. 15 3) as presented at a Joint Public Hearing that adequate notice was given as required by the CR 16 to the property owner and tenants within the Uptown Redevelopment Project Area Plan. 17 Section 4. The City Council hereby overrules the written and oral objections to th 18 Amendment to the Uptown Redevelopment Project Area Plan. 19 20 /II 21 II/ 22 1/1 23 1/1 24 1/1 25 I I / 0 1/1 -3- P;\AlCenduR_lutionsIJb5GlulionsUO(W\04-0S.1611plown Wrluen RqponMJ.doc: 3 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ADOPTING WRITTEN RESPONSES TO WRITTEN AND ORAL OBJECTIONS TO THE AMEND!\IEI\T TO THE UPTOWN REDEVELOPMENT PROJECT AREA PLAN 02 4 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and 5 Common Council of the City of San Bernardino at a meeting thereof, held on the 6 day of , 2004, by the following vote to wit: 7 Council Members: Am Navs Abstain Absent 8 ESTRADA LONGVILLE 9 MCGINNIS 10 DERRY 11 KELLEY 12 JOHNSOJ\; 13 MC CAMMACK 0 14 I I , 15 16 The foregoing ordinance is hereby approved this 17 18 19 20 Approved as to form and Legal Content: 21 By: .p~ 22 23 24 25 0 Rachel G. Clark, Citv Clerk day of ,2004. Judith Valles, Mayor City of San Bernardino -4- P:\ACfncllJ\Rc5olutioll,I.Rnoluli.ons\100"\04-08-16 Uplown Wriucn Re:spon..dK 0 e 3 4 5 6 7 9 10 II Ie 13 14 0 15 16 j7 18 19 20 21 22 23 o 28 ORDINANCE NO. ~ ORDINANCE OF THE MAYOR AND OM. ON COJtCIL OF THE CITY OF SAN BERNARDINO ADOPTING THE 2004 EMINENT DOMAIN AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE UPTOWN REDEVELOPMENT PROJECT WHEREAS. the City of San Bernardino ("City") is a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California; and 8 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 et seq.; and 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 WHEREAS. the Common Council has subsequently adopted certain amendments to the Redevelopment Plan for the Uptown Redevelopment Project as follows: (i) Common Council Ordinance No. MC-927 on December 19, 1995; and (ii) . Common Council Ordinance No. MC-1161 on December 1.2003. 24 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 25 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 eminent domain; and 26 27 4819.9325-1584.1 -1- P:.Agendas'ResolulJons\ResolulJons\2004\04-08-16 Uptown Ordmance 2004 Amend.doc 0 2 3 4 5 6 7 S 10 II 12 13 14 0 15 16 17 18 19 20 21 22 o 28 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 caIled upon the owners of property, residents, business operators and neighborhood organizations in the Project Area to fonn 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 9 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 Amendm~nt, 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 23 24 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: 25 26 27 4819-9325-15841 -2- P:\Agendas'Resolutlons\Resolutions\20Q.+\04-08-16 UptO\\ll Ordinance 2004 Amend.doc 0 C 3 4 5 6 8 9 10 II 12 13 14 0 15 16 18 19 20 21 22 23 24 25 26 27 28 0 "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 GEJ\'ERAL PLAN AMENDMENT NO. 04-02'"; and WHEREAS, the Commission has adopted its resolution entitled: "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 AJ'..'D COMMON COUNCIL ON THE 2004 EMINENT DOMAIN A>'\1EJ'..'DMENT 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 WHEREAS, all legal prerequisites to the passage of this Ordinance have occurred and Ii been taken in accordance with applicable law. NOW, THEREFORE, THE MAYOR ANTI COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION I. The facts set forth in the Recitals of this Ordinance are true and correct and are hereby made part of the findings and determinations of the Common Council as relate to the approval of the 2004 Amendment. 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 4819-9)2;-1 ;84.1 -3- P:\.!.\gendas\Resolutions\Resolutions.2004\04-08-16 Uptown Ordmance 2004 Amend.doc 0 ~ 3 4 5 6 7 8 10 II 12 13 14 0 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 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 9 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) 4819-9325-158.11 -4- P:\Agendas'Resolulions\Resolutions\2004\04-08-16 Upto\\TI Ordmance 200.f Amend.doc , 0 2 3 4 5 6 7 8 9 10 12 13 14 0 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 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. Section 33352(j) Section 33352(1) Section 33352(n) 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 11 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. SECTIO:--J 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-13), substandard design tha prevents or substantially hinders economically viable use or capacity of th buildings or lots (33352 Report pages B-13 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 4819-9325-1584.1 -5- P:\.-\gendas\Resolutions\Resolutions'1004',04-0S.16 CptO\\TI Ordinance 2004 Amend.doc . 0 2 3 4 5 6 7 8 9 10 11 12 13 14 0 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 I Report pages B-IS to B-19), prevalence of absentee owners having detrimentaJ I 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. b. 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. c. 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. d. 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. e. The adoption and carrying out ofthe 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. f. 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. 4819.9325-1584.1 -6- P;\AgendasIResolulIons\ResolulIons\2004\04-08-16 Lptown Ordmance 2004 Amend.doc . 02 015 16 o g. 3 4 5 6 h. 7 8 9 10 11 12 13 14 I. 17 18 19 20 21 22 23 J. 24 25 26 27 28 4819-9325-1584.1 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 andl 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. 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. k. 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 P:\AgendasIResolutions\Resolutlons\2004\04-08-16 Uptown Ordinance 2004 Amend.doc -7- . 0 2 3 4 5 6 7 8 9 10 11 12 13 14 0 15 16 17 18 19 20 21 22 23 24 25 26 27 0 28 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. I. 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. 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. 4819-9325-1584.1 -8- P:\Agendas\Resoluuons\Resolutions\2004\04-08-16 Upto\'-TI Ordinance 2004 Amend.doc . 0 2 3 4 5 6 7 8 9 10 II 12 13 14 0 15 16 17 18 19 20 21 22 23 24 25 26 27 0 28 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 Acauisition 1. Acauisition of Real Propertv 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. 4819-9325-1584.1 -9- P:\AgendasIResolutionslResolutionsI2004\04-08-16 Uptown Ordmance 2004 Amend.doc . 0 2 3 4 5 6 7 8 9 10 11 12 13 14 0 15 16 17 18 19 20 21 22 23 24 25 26 27 0 28 d. 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. 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. 7162 et seq.]. 2. Acquisition of Personal Property, Anv other Interest in Real Property, arid Any Improvements in Real Property 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 o\\ned by Agency by any lawful means." 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. 4819-9325-15841 -10- P:\Agendas\ResolutJons\Resolutions\2004\04-08-16 Cpto\\n Ordinance 2004 Amend.doc , C 2 3 4 5 6 7 8 9 10 II 12 13 14 0 15 16 17 18 19 20 21 22 23 24 25 26 27 0 28 SECTION 8. The Common Council hereby authorizes and provides for the CitY'sl 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 complete any proceedings necessary to be carried out by the City under the provisions of the Amended Plan. SECTION II. 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. 4819.9325-15841 -11- P:\AgendasIResolul1onslResolul1ons\2004\04-08-16 Uptown Ordmance 2004 Amend.doc , , 0 2 3 4 5 6 7 8 9 10 11 12 13 14 015 16 28 o ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ADOPTING THE 2004 EMINEl'iT DOMAIN AMENDMENT TO THE REDEVELOPMEl'iT PLAl'i FOR THE UPTOWN REDEVELOPMENT PROJECT I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the day of , 2004, by the following vote to wit: Council Members: Aves Navs Abstain Absent ESTRADA LONGVILLE MCGINNIS DERRY KELLEY JOHNSON MC CA.c\1MACK p Rachel G. Clark, City Clerk ] 8 The foregoing ordinance is hereby approved this day of ,2004. 19 20 Judith Valles, Mayor City of San Bernardino 21 22 Approved as to form and Legal Content: 23 ~?/~ Vy Attorney By: 24 25 26 27 ~819-9)25-15g4.1 -12- P;.AgendasIResolutions'Resolutlons\2004\04-08-16 Uptown Ordmance 2004 Amcnd.doc ECONOMIC DEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO FROM: Gary Van Osdel Executive Director -. -- DATE: Jul 12'20040R1G\NAL -------------~---- -------- SYDODsis 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. SUBJECT: JOINT PUBLIC HEARING - UPTOWN REDEVELOPMENT PROJECT AREA PLAN AMENDMENT - EMINENT DOMAIN - REINSTATEMENT OF EMINENT DOMAIN 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 ofa Project Area Committee (pAC). On October 21, 2002, the Mayor and Common Council adopted resolutions modifying the PAC procedures and 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 Uptown Redevelopment Project. On June 7, 2004, the Community Development Commission of the City of San Bernardino adopted a resolution setting a date and time, July 19, 2004 at 4:00 p.m. for a public hearing to consider an amendment to reinstate the powers of eminent domain in the Uptown Redevelopment Project Area and Certification of the Environmental Impact Report. On June 7, 2004, the Mayor and Common Council of the City of San Bernardino adopted a resolution setting a date and time, July 19, 2004 at 4:00 p.m. for a public hearing to consider an amendment to reinstate the powers of eminent domain in the Uptown Redevelopment Project Area _,,!!<!,~_,,!!!fic~tion of the E~~irol!!l1el!..~ Im.l'act R!!p!?!!~_______________ Recommended Motion(s): OPEN JOINT PUBLIC HEARING CLOSE JOINT PUBLIC HEARING (Community DeveloDment CommissionlMavor and Common Council) IF WRITTEN OBJECTIONS ARE PRESENTED MOTION A: THAT THE PUBLIC HEARING BE CLOSED; THAT WRITTEN OBJECTIONS TO THE 2004 EMINENT DOMAIN AMENDMENT BE CONSIDERED; AND THAT WRITTEN FINDINGS BE PREPARED IN RESPONSE THERETO AS APPLICABLE AND BE PRESENTED AT THE NEXT REGULAR MEETING. OR ______________________~E NEXT PAGE) Contact Person(s): Gary Van OsdellMike Trout Uptown Phone: (909) 663-1044 1,2and 7 Project Area(s) Ward(s): Supporting Data Attached: 0 Staff Report 0 Resolution(s) 0 Ordinance 0 Map(s) 0 Letters/Misc. N/A N/A FUNDING REQUIREMENTS Source: SIGNATURE: I A Gary)"fu Osdel, Executiv irector -=====---======:t:=====-_-==--======----------------====. P,\Ag<"""ICo~D,,,Commi";."\CDC 2004\04-07-19 Upto~ PH SR."" COMMISSION MEETING AGENDA Meeting Date: 07/19/2004 Agenda Item Number: ~3J IF NO WRITfEN OBJECTIONS ARE PRESENTED MOTION B: THAT THE PUBLIC HEARING BE CLOSED; THAT SAID RESOLUTION BE ADOPTED AND THAT SAID ORDINANCE BE LAID OVER FOR FINAL ADOPTION. RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AS A RESPONSffiLE AGENCY UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS, AND MAKING FINDINGS THAT A FINAL PROGRAM ENVIRONMENTAL IMPACT REPORT, AND THE MITIGATION MONITORING PLAN FOR THE REINSTATEMENT OF EMINENT DOMAIN POWERS IN THE REDEVELOPMENT PROJECT AREAS OF THE UPTOWN REDEVELOPMENT PROJECT AND THE CENTRAL CITY NORTH REDEVELOPMENT PROJECT FULLY AND ADEQUATELY ADDRESS THE POTENTIAL ENVIRONMENTAL EFFECTS OF THE APPROVAL BY THE COMMISSION OF SUCH REDEVELOPMENT PLAN AMENDMENTS. 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. 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 P:\Agendas\Comm Dev Commission\CDC 2004\04-07.19 Uptown PH SR.doe COMMISSION MEETING AGENDA Meedng Date: 07119/2004 Agenda Item Number: t'3 / ECONOMIC DEVELOPMENT AGENCY STAFF REPORT Public Hearinl! - Uptown Redevelopment Proiect Area Plan Amendment- Eminent Domain - Reinstatement of Eminent Domain 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. On July 1,2002, the Mayor and Common Council approved and adopted the procedures to be used for the formation of a PAC for the Uptown Redevelopment Project Area and calling upon the citizens of the City to participate in the PAC. On July IS, 2002, mailers were sent to residents, businesses, organizations and property owners within the Uptown Redevelopment Project Area concerning the July 25, 2002 public workshop on the proposed amendment to the Uptown Redevelopment Project Area Plan. On July 25, 2002, Agency staff conducted a public information workshop to present the proposed amendment, explain the amendment process, and answer questions of the attendees. This workshop was armounced by mailed notices to the property owners and site addresses in the Uptown Redevelopment Project Area. On August 27, 2002, mailers were sent to residents, businesses, organizations and property owners within the Uptown Redevelopment Project Area concerning the September 10, 2002 Project Area Committee election for the Uptown Redevelopment Project Area. On September 10, 2002, Agency staff conducted a PAC formation election for the purpose of creating a PAC from property owners, residences and business owners within the Uptown Project Area. However, the election did not take place due to the fact that there was not a sufficient number of PAC applications submitted. P:\Agendas\Comm Dev Conunission\CDC 2004\04-07-19 UptOwn PH SR.doc COMMISSION MEETING AGENDA Meeting Date: 06/07/2004 Agenda Item Number: R 3/ Economic Development Agency Staff Report Uptown Redevelopment Project Area Plan Amendment Page 2 October 21,2002, the Mayor and Common Council modified the PAC procedures and 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 ElR 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 (ElR) and related traffic study. On December 10, 2002, mailers were sent to residents, businesses, organizations and property owners within the Uptown Redevelopment Project Area concerning the December 18, 2002 community meeting concerning the Initial Study and input concerning the scope of the Environmental Impact Report for the Uptown Redevelopment Project Area. On December 18, 2002, Agency staff conducted a combined Uptown and Central City North Redevelopment Project Area community meeting to introduce the environmental consultant and to provide draft copies of the Initial Study which stated that since the proposed project may have a significant effect on the environment, a environmental impact report was required. On February 10, 2003, mailers were sent to residents, businesses, organizations and property owners within the Uptown Redevelopment Project Area concerning the February 20,2003 PAC information meeting and the April 1, 2003 Project Area Committee election for the Uptown Redevelopment Project Area On February 20,2003, Agency staff conducted another PAC formation meeting to discuss the need and importance of the PAC. Those attending this meeting were encouraged to participate and were given PAC applications to fill out. On March 12, 2003, mailers were sent to residents, businesses, organizations and property owners within the Uptown Redevelopment Project Area concerning the March 26, 2003 scoping meeting for the Environmental Impact Report for the Uptown Redevelopment Project Area informing the community of the scope of the Environmental Impact Report and take comments from the public. P:\Agendas\Comm Dev Commission\CDC 2004\04.07.19 Uptown PH SR.doc COMMISSION MEETING AGENDA Meeting Date: 07/1912004 Agenda Item Number: ,(j3 J Economic Development Agency Staff Report Uptown Redevelopment Project Area Plan Amendment Page 3 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. A normal schedule for the effort would result in completion and certification of the EIR in March or April 2004. However, due to a turnover in persounel 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. On April 1,2003, Agency staff conducted the PAC formation election in which six (6) individuals were elected thereby forming a PAC for the Uptown Redevelopment Project Area. The election was over seen by the City Clerk's Office. Subsequently, the Mayor and Common Council adopted a resolution, on May 5, 2003, acknowledging the results of the Uptown PAC election. Though a PAC had been elected, the PAC held no meetings since there were no preliminary documents concerning the proposed text amendment or the Draft EIR for review. However, once these documents were available for review PAC meetings began in March 2004 to discuss the text amendment to the Uptown Redevelopment Project Area Plan, the Initial Study and the Draft EIR. On July 6, 2004, Uptown PAC voted to recommend to the Mayor and Common Council and the Community Development Commission to adopt the 2004 Amendment to the Uptown Redevelopment Project Area Plan reinstating eminent domain within the Uptown Redevelopment Project. CURRENT ISSUE: The Uptown Redevelopment Project was adopted in 1986. Conditions of blight which existed at the time of adoption of the Redevelopment Plan were extensive and substantial. The Redevelopment Project Area of the Uptown Redevelopment Project (the "Project Area") remains blighted today. One tool which the Agency may use to address conditions of blight in appropriate situations - the exercise of eminent domain - lapsed in the Project Area in 1998. The proposed Amendment to the Redevelopment Plan will reinstate the power of the Agency to acquire land by eminent domain for twelve (12) years. The Project Area includes deteriorated commercial frontage lots abutting either side of several principal streets in the center of the City. Comparatively little residential use property is in included in the Project Area although it estimated that more than 2,000 individuals may reside in the Project Area. In an older commercial area such as the Project Area where small substandard lot sizes are so prevalent, an important element of an effective program to address actual conditions of blight is the ability to assemble small parcels of land under separate ownerships into useable sites under current- day standards. The reinstatement of the condemnation power for the Agency is believed to be an important factor in addressing conditions of blight which remain in the Project Area. As long as the ability of the Agency to acquire land for specific redevelopment activities is limited to negotiated P:\Agendas\Comm Dev Commission\CDC 2004\04-07-19 Uptown PH SRdoc COMMISSION MEETING AGENDA Meeting Date: 07/19/2004 Agenda Item Number: 1f<3/ Economic Development Agency Staff Report Uptown Redevelopment Project Area Plan Amendment Page 4 purchase, grant, exchange or other voluntary forms of sale, the potential for sustained and large scale redevelopment of the property in the Project Area involving multiple parcels ofland is limited. This is especially so when existing owners and other persons who are prepared to invest new capital in the community cannot expand or acquire land of adequate size and shape for development and use under current City standards. The evidence of blight in the Project Area is readily apparent to anyone who drives along its principal streets. One striking factor of the Project Area is the relative absence of any visible new construction or rehabilitation activity. Since the time of adoption of the Redevelopment Plan in 1986 little in the way of new improvements of rehabilitation has occurred and nearly one fourth (V.) of the individual lots in the Project Area are currently vacant. Many of these currently vacant lots were formerly improved with structures which over the years became so dilapidated and substandard, the owners were compelled to remove them. The proposed 2004 Amendment to the Redevelopment Plan is limited to the reinstatement of the Agency's power of eminent domain. No other changes to the Redevelopment Plan, and in particular no changes to the financial provisions of the Redevelopment Plan are proposed. The Agency's power to acquire property by eminent domain expired in 1998. In general, the Agency has used the power of eminent domain in the past in its redevelopment project areas only in a few exceptional circumstances and for specific redevelopment project activities. The Agency has not acquired any property in the Project Area by eminent domain at any time since its adoption in 1986. Over the years, a vast majority of the land which the Agency has acquired in its various redevelopment project areas has been acquired by negotiated purchase. Since 1986, the Agency has acquired certain property in the Project Area by negotiated purchase but at this time, the Agency has not been able to assemble enough land by negotiated purchase for an effective redevelopment activity involving multiple parcels of land to deal with conditions of blight on a large scale. Under current circumstances, without eminent domain authority the Agency cannot plan for or assume that all of land which is necessary for a specific redevelopment activity will be available to the Agency under a negotiated purchase arrangement. In such a situation, the Agency cannot make realistic and feasible plans to assist owners or third parties who are prepared to eliminate blight under specific and enforceable terms involving multiple parcels of land, since the otherwise available land is not useable or new development is not economically feasible without additional land to solve specific conditions of blight. Without the reinstatement of the power of eminent domain, the range of the Agency's ability to foster redevelopment in the Project Area is greatly reduced. The California Redevelopment Law ("CRL") authorizes an Agency to reinstate the power of eminent domain after it has lapsed in a Redevelopment Project Area, if the Agency finds that conditions of blight still persist in the Redevelopment Project Area. Accordingly, the Agency has previously initiated certain actions to consider the adoption of the Amendment to the Redevelopment Plan for the Uptown Redevelopment Project which reinstates the power of eminent domain for a twelve (12) year period of time. P:\Agendas\Comm Dev Commillsion\CDC 2004\04-07-19 Uptown PH SR.doe COMMISSION MEETING AGENDA Meeting Date: 07/19/2004 Agenda Item Number: I.. i / . - Economic Development Agency Staff Report Uptown Redevelopment Project Area Plan Amendment Page 5 Section 33352 ofthe Community Redevelopment Law ("CRL") states that when the Agency submits an amendment to the redevelopment plan to the Mayor and Common Council ("Council") for adoption, the Agency must also submit a report entitled the Report to Mayor and Common Council ("Report"). For a redevelopment plan amendment, the contents of the Report are only those portions warranted by the proposed amendment. The purpose of this Report is to provide, in one document, all information, documentation, and evidence regarding the 2004 Amendment to assist the Council in its consideration and in making various findings and determinations that are legally required to adopt the 2004 Amendment. This report to the Council has been prepared in accordance with all requirements of Section 33457.1 and 33352 of the CRL. During the joint public hearing the Commission and Council will consider the information presented by the Agency Staff and consultants regarding the Report and the 2004 Amendment. Testimony and comments of interested members of the public will also be received. If one or more written objections are presented to the Council before or during the joint public hearing on July 19, 2004, a written response to such written objections must be prepared and considered before the 2004 Amendment may be adopted. By adopting the attached resolution of the Community Development Commission at the conclusion of the joint public hearing, the Commission will approve the Report and the proposed eminent domain amendment and authorize Agency Staff to transmit the Report to Mayor and Common Council and the 2004 Eminent Domain Amendment to the Mayor and Common Council. ENVIRONMENTAL IMPACT: The Agency and the City of San Bernardino retained Lilbum Corporation to prepare an Initial Study to determine potential impacts related to the reinstatement of eminent domain and other entitlement actions. At their meeting of February 5, 2004 the Development/Environmental Review Committee (D/ERC) reviewed the Initial Study prepared for the Central City North and Uptown Redevelopment Project Area Plans, and other entitlement actions. The D/ERC concurred that the Initial Study adequately addressed the issues and determined that a Program Environmental Impact Report (ElR) would be required. The Agency and the City retained LSA Associates to prepare the ElR. The Notice of Preparation was published in the San Bernardino County Sun and public agencies. The public review period for the Notice of Preparation was February 17, 2004 through March 17,2004. Upon completion of the Draft Program ElR, the Notice of Completion was published in the San Bernardino County Sun. The Draft Program ElR was made available for public review at the City of San Bernardino Development Services Department, the Feldheym Central Library, and the City of San Bernardino web site. It was also distributed to public agencies and made available to the D/ERC, Planning Commission, and Mayor and Common Council. The public review period was April 8, 2004 through May 29, 2004. Comments were received from four agencies and are included in the Final Program ElR along with staff responses. .---.---------------------------------------- P:\Agendas\Comm Dev Conmtillsion\CDC 2004\04-07-19 Uptown PH SR.doc COMMISSION MEETING AGENDA Meeting Date: 07/19/2004 Agenda Item Number: f( 3/ Economic Development Agency Staff Report Uptown Redevelopment Project Area Plan Amendment Page 6 As analyzed in the Draft Program EIR, the impacts that cannot be mitigated to a level of less than significant with mitigation measures are certain air quality and traffic impact related to the development of the Mercado Santa Fe project. There are no significant impacts related to the reinstatement of eminent domain. There are potential for impacts from future development within the proposed General Plan Amendment area. Those impacts cannot be specifically identified or quantified until such time as an actual development project is proposed. However, it is likely that development of this area will result in impacts similar to those related to the proposed development of the Mercado Santa Fe project. FISCAL IMPACT: Based on contracts entered into with consultants for this amendment, the costs will total $131,627. Funds for this activity have been budgeted and approved. RECOMMENDATION: That the Community Development Commission and Mayor and Common Council adopt either Motion A or Motion B. /I Ga;Y'n Osdel, Execu EXHIBITS: 1. Staff Report 2. Redevelopment Project Area Map 3. Report to the Mayor and Common Council 4. Text of the Proposed Amendment to the Redevelopment Plan 5. Final Program Environmental Impact Report ("PEIR") 6. Copies of Written Comments to PEIR received by May 29, 2004 7. Certification of Mailing and Copy of Newsletters 8. Certification of Newspaper Notice and Copy of Notice 9. Project Area Committee Report and Minutes 10. Resolution of the Community Development Commission II. Resolution of the Community Development Commission 12. Ordinance of the Mayor and Common Council COMMISSION MEETING AGENDA Meeting Date: 07/19/2004 P:\Agendas\Comm Dev Commission\CDC 2004\04-07.19 Uptown PH SR.doc Agenda Item Number: )(31 . 1 RESOLUTION NO. 2 3 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AS A RESPONSIBLE AGENCY UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS, AND MAKING FINDINGS THAT A FINAL PROGRAM ENVIRONMENTAL IMPACT REPORT, AND THE MITIGATION MONITORING PLAN FOR THE REINSTATEMENT OF EMINENT DOMAIN POWERS IN THE REDEVELOPMENT PROJECT AREAS OF THE UPTOWN REDEVELOPMENT PROJECT AND THE CENTRAL CITY NORTH REDEVELOPMENT PROJECT FULLY AND ADEQUATELY ADDRESS THE POTENTIAL ENVIRONMENTAL EFFECTS OF THE APPROVAL BY THE COMMISSION OF SUCH REDEVELOPMENT PLAN AMENDMENTS 4 5 6 7 8 9 10 11 WHEREAS, the Mayor and Common Council of the City of San Bernardino (the "Common Council") has previously taken certain actions in coordination with the Community Development Commission of the City of San Bernardino (the "Commission") as relates to a proposed reinstatement of the eminent domain powers of the Redevelopment Agency of the City of San Bernardino (the "Agency") within two (2) separate redevelopment project areas of the Agency known as: (i) the Uptown Redevelopment Project and (ii) the Central City North Redevelopment Project, in order that the Agency may undertake programs to eliminate and prevent the spread of blight in each ofthese redevelopment project areas; and WHEREAS, the Redevelopment Plan for the Central City North Redevelopment Project (the "Central City North Redevelopment Plan") was approved by the Common Council Ordinance No. 3366 in 1973, and the Redevelopment Plan for the Uptown Redevelopment Project (the "Uptown Redevelopment Plan") was approved by Common Council Ordinance No. MC-527 in 1986, and the condenmation powers of the Agency under the Central City North Redevelopment Plan expired in 1998 and the condenmation powers of the Agency under the Uptown Redevelopment Plan also expired in 1998; and 12 13 14 15 16 17 18 19 20 21 22 23 24 25 -1- p:\Agendu\Relollldo...\ReIoludo..IUOO4\04-07-1' Uptolnl CCN Env CDC Reso.doI: WHEREAS, the City of San Bernardino (the "City") in consultation with the Agency, 2 has also taken action to consider certain changes in the land use element of the City General 3 Plan, as adopted by Common Council Resolution No. 89-15, in order to compliment the 4 potential redevelopment and use of certain lands in a portion of the redevelopment project area 5 of the Uptown Redevelopment Project (the "Uptown Project Area") referred to as "Uptown Subarea B", and specifically within Uptown Subarea B the lands which are also affected by the proposed changes in the land use element of the City General Plan are described as a two block area bounded by 1-215 on the east, "K" Street on the west, 3rd Street on the north, and 2nd Street on the south, and the potential vacation of "I" Street and Kendall Avenue within this two block area which such General Plan amendment also contemplates; and WHEREAS, the Common Council and the Commission have previously called upon the 6 7 8 9 10 11 residents, property owners, businesses and community organizations within the Uptown Project 12 Area and the redevelopment project area of the Central City North Redevelopment Project (the 13 "CCN Project Area") to form project area committees for each such redevelopment project area, in order for interested residents, business owners and property owners to consider the potential 14 15 effect of the reinstatement of the Agency's power to acquire land within each such redevelopment project area and to submit a report and recommendation to the Common Council 16 17 and the Commission relating to reinstatement of the eminent domain powers of the Agency in 18 each such redevelopment project area and the implementation by the Agency of program to eliminate blight in each such redevelopment project area which programs may include the 19 20 acquisition of property by the Agency using the power of eminent domain; and 21 WHEREAS, during calendar year 2003, an Initial Study was prepared under the provisions of the California Environmental Quality Act ("CEQA") which evaluated the 22 23 potential effect on the environment of the reinstatement of the eminent domain powers of the 24 Agency in the CCN Project Area and the Uptown Project Area and the potential effect on the environment of an amendment to the land use element of the City General Plan relating to a 25 -2- P:\Agelldu\RelelutlolU\Relo1lldoal\1004\04-07-I' Uplown CCN EDl' CDC Reao.doc: 1 portion of Uptown Subarea B and the potential development of an Agency-sponsored redevelopment program to remedy certain conditions of blight in Uptown Subarea B referred to 2 3 as the "Mercado Santa Fe Project"; and 4 WHEREAS, a notice of intent to prepare an environmental impact report was issued in 5 March 2003 relating to the proposed amendment of the Uptown Redevelopment Plan and the Central City North Redevelopment Plan, the Mercado Santa Fe Project and an amendment to the land use element of the General Plan; and 6 7 8 WHEREAS, in the months following March 2003, the completion of the preparation of 9 a draft of an environmental impact report document for the reinstatement of the powers of eminent domain in each of the redevelopment project areas was deferred as certain refinements 10 11 of the Mercado Santa Fe Project were considered, and subsequently, on February 5, 2004, the Environmental Review Committee of the City determined that the environmental study of the reinstatement of the power of eminent domain in the two (2) redevelopment project areas and 12 13 the associated redevelopment activities relating to such reinstatement of the power of eminent domain in each such redevelopment project areas as described below as the "Project" for 14 15 purposes of compliance with CEQA, warranted the preparation of a Program Environmental Impact Report (a "Draft EIR") where the elements of the Project include the following: 16 17 reinstatement of the Agency's power of eminent domain to acquire land in the . 18 Uptown Project Area and the CCN Project Area (this reinstated power of eminent domain to be accomplished by written amendment to the text of each redevelopment plan); 19 20 rescission of special and development regulations contained in the Central City . 21 North Redevelopment Plan and the amendment of this redevelopment plan to conform to current Community Redevelopment Law relating to relocation of displaced persons and businesses and affordable housing and to require that all new development in the CCN Project Area conform with the City's General Plan, zoning and development regulations as currently in effect or hereafter modified or amended (the rescission of such special development regulations to be accomplished by a restatement of certain provisions of the Central City North 22 23 24 25 -3- p:\Agendu\ResoJutlolll\Reloluttonl\1:004\D4-G7-19 Upton CCN Env CDC ReIo.doc 1 Redevelopment Plan to conform with the City's General Plan, zomng and development 2 regulations currently in effect or hereafter modified or amended); 3 a General Plan Amendment affecting approximately 19.02 acres within a portion . 4 of Uptown Subarea B bounded by 3rd and 2nd Streets and between "K" Street and 1-215 from "IL" (Light Industrial) to "CG-I" (General Commercial), and such General Plan Amendment is 5 6 identified as General Plan Amendment No. 04-02; 7 . analysis of a future retail development project within Uptown Subarea B. This 8 development is proposed for approximately 9.2 acres of land generally situated to the south of 3rd Street and is referred to by the City and the Agency as the Mercado Santa Fe Project. For the purpose of CEQA analysis, the proposed retail development concept assumes approximately 96,241 square feet of retail use and is based on the on-site vehicle parking standard of 4 spaces 9 10 11 12 per 1,000 square feet of retail use, the proposed use requires a minimum of385 on-site vehicle parking spaces. The Mercado Santa Fe Project as proposed provides approximately 440 parking 13 spaces. 14 Collectively, the potential environmental effects of the elements of the Project (the proposed redevelopment and related activities generally described in the four (4) subparagraphs preceding this sentence) is, for the purposes of the indicated analysis under CEQA, described in 15 16 17 this Resolution as the "Project"; and 18 WHEREAS, the City conducted a public scoping meeting to solicit public comments on the preparation of the Draft Program Environmental Impact Report (the "Draft EIR") for the 19 20 Project; and 21 WHEREAS, the 2003 Initial Study was updated and the March 2003 notice of 22 preparation was updated and revised as the Notice of Preparation of the City to prepare a Draft EIR for the Project, and was published and circulated to the public, responsible agencies and other interested persons from February 17, 2004 through March 17, 2004, as required by 23 24 25 CEQA;and -4- p:\Agend.u\Relollltlolll\Relolutloll.\1004\04-07-19 Uphnnl CCN Env CDC Reso.doc 1 WHEREAS, the text of the Draft EIR (including all appendices) was made available to 2 the public, responsible agencies and other interested persons for their review and comment 3 between April 8, 2004 through May 29, 2004 as required by CEQA; and 4 WHEREAS, verbal and written comments were received on the Draft EIR; and WHEREAS, these comments were responded to both orally and in writing as required by CEQA and the Final Environmental Impact Report document (State Clearinghouse No. 2003031072), dated June 15,2004 (the "Final EIR") has been prepared and transmitted to each 5 6 7 8 responsible agency which submitted comments to the Draft EIR; and WHEREAS, the Commission conducted two (2) noticed joint public hearings on July 19,2004, with the Common Council as relate to the Project and the Final EIR with the first such joint public hearing held in connection with the amendment of the Uptown Redevelopment Plan and the certification of the Final EIR and second joint public hearing held in connection with the amendment of the Central City North Redevelopment Plan and the certification of the Final EIR, and during the course of each such joint public hearing conducted on July 19, 2004, the Commission fully reviewed and considered the Final EIR, the Mitigation Monitoring Plan, the 9 10 11 12 13 14 15 Planning Division staff reports and the recommendations of the Planning Commission as relate 16 to the Project and the Final EIR and drafted its own Facts and Findings and Statement of 17 Overriding Considerations base upon its review such documents. 18 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS FOLLOWS: 19 20 21 Section 1. In connection with the consideration by the Commission of the 22 amendment of the Uptown Redevelopment Plan to reinstate the Agency's power of eminent 23 domain in the Uptown Project Area and the amendment and reinstatement of the Central City 24 North Redevelopment Plan to reinstate the Agency's power of eminent domain in the CCN 25 Project Area, the Commission conducted the following public hearings on July 19, 2004: -5- P:\At;e.du\RaoludoDs\ReIol.tto..\1OO4\040&7-19 UploWII CCN ED" CDC Rao.cIoc: 1 (i) a joint public hearing with the Common Council to consider an amendment of 2 the Uptown Redevelopment Plan to reinstate the eminent domain power of the Agency in the 3 Uptown Project Area and the potential implementation with the assistance of the Agency of the 4 Mercado Santa Fe Project in Uptown Subarea B and the potential environmental effects of these 5 actions as set forth in the Final EIR; and 6 (ii) a joint public hearing with the Common Council to consider an amendment of 7 the Central City North Redevelopment Plan to reinstate the eminent domain power of the Agency in the CCN Project Area and the restatement and amendment of the Central City North Redevelopment Plan to rescind the special development regulations contained in such 1973 redevelopment plan and to conform the provisions of such 1973 redevelopment plan to the current-day Community Redevelopment Law relating to relocation of displaced persons and businesses and affordable housing and to require that all new development in the CCN Project Area conform with the City's General Plan, zoning and development regulations currently in effect and the potential environmental effects of these actions as set forth in the Final EIR. 8 9 10 11 12 13 14 During the course of the joint public hearings identified above, the Commission received 15 and considered all written comments previously received and all oral comments submitted by interested persons relating to the Project and the Final EIR. The Commission hereby fmds that the conduct of these public hearings was full and fair and that the Commission has fully considered the potential effect on the environment of the Project. The Final EIR in the form as 16 17 18 19 submitted to the Commission upon the conclusion of these joint public hearings is hereby 20 acknowledged and declared to be the Final EIR for the Project. 21 The Final EIR (State Clearinghouse No. 2003031072) is a "program Section 2. 22 environmental impact report" as this term is defined under CEQA Guidelines Section 15168, for 23 the Project. The Final EIR for the Project, includes consideration of the potential environmental 24 effects of the development of the Mercado Santa Fe Project and General Plan Amendment No. 25 04-02, and the Final EIR has been prepared and considered in compliance with CEQA. The -6- p:\Alendu\Rcsoludolll\ReloludoIltUOO4\lM-07.19 Uptowa CCN Eav CDC Rao.doe 1 Final EIR (including the text of the Draft ErR, all technical appendices, the Mitigation 2 Monitoring Plan, the Facts and Findings and Statement of Overriding Consideration) and all the 3 notices, with comments and staff reports related thereto are on file with the City Clerk's Office. 4 Section 3. The purpose of this Resolution is to evidence the actions of the 5 Commission as a "responsible agency" under CEQA in approving the amendments to the Central City North Project Plan and the Uptown Project Plan. Pursuant to CEQA Guidelines Sections 15050 and 15096 the Commission as a "responsible agency" shall consider and certify the lead agency's EIR prior to approving a project, including providing findings supported by 6 7 8 9 substantial evidence in the record related to substantial environmental effects the project will have on the environment and a statement of overriding considerations addressing the environmental impacts which are not avoidable and cannot be substantially lessened as a result 10 11 of the project. The Final EIR was presented to the Common Council as the "lead agency" and 12 the Commission as the "responsible agency" for the Project under CEQA, and the Commission 13 14 has reviewed and considered the information in the Final EIR prior to the adoption by the Commission of an amendment to the Uptown Project Plan reinstating the Agency's eminent domain power in the Uptown Project Area, and prior to the adoption by the Commission of an amendment to the Central City North Project Plan reinstating the Agency's eminent domain power in the CCN Project Area as well as the related rescission of the special land development regulations and the reinstatement of the Central City North Redevelopment Plan to conform to 15 16 17 18 19 current City General Plan, zoning and development regulations and current day provisions of 20 Community Redevelopment Law relocation and affordable housing standards. The 21 Commission has adopted Facts and Findings and a Statement of Overriding Considerations as 22 part of its certification of the Final EIR and approval and adoption of the Mitigation Monitoring Plan for the Proj ect. 23 24 Section 4. The Commission hereby finds that: 25 (1) the Final EIR has identified all significant environmental effects of the Project, including the potential development of the Mercado Santa Fe Project. -7- P:\Acmdu\Reloludolll\ReIQlutlona\2000f\lM.{17.19 VptoWII CCN I.v CDC ReIo.doc 1 (2) the Final EIR identifies certain significant environmental effects that would 2 result but which significant effects can be mitigated to a level of less than significant provided that the applicants and owners of land who may undertake the development of the Mercado Santa Fe Project (if it occurs), and other future development within the portion of Uptown Subarea B affected by General Plan Amendment No. 02-04 (if such development occurs) 3 4 5 6 undertake feasible environmental impact mitigation measures as set forth in the Mitigation 7 Monitoring Plan for the Final ErR to reduce or eliminate such potential impacts to a level which 8 is less than significant. The Mitigation Monitoring Plan and all information contained therein is 9 included in the Final ErR and incorporated herein by reference. The basis on which the 10 Commission finds that such potentially significant environmental effects of the Project have 11 been or shall be mitigated to a level which is less than significant is set forth in the Facts and Findings and Statement of Overriding Considerations of the Project. The Facts and Findings and Statement of Overriding Considerations for the Project is attached as Attachment "A" and 12 13 incorporated in this Resolution by this reference. 14 (3) the Final ErR concludes that despite the implementation of feasible mitigation 15 measures to lessen the potential impact of certain effects of the Project on the environment, that 16 in three (3) areas of environmental concern under CEQA, the potential effects on the environment of the Project cannot be fully mitigated or reduced to a level which is less than significant. These areas are identified as follows: 17 18 19 (i) temporary construction activities of the Mercado Santa Fe Project (dust and 20 construction vehicle exhaust) - although the Final ErR sets forth mitigation measures which are 21 estimated to reduce the potential impacts by 50% the remaining effect, even after the 22 implementation of the feasible mitigation measures identified in the Final EIR is still significant 23 in the case of temporary construction activity impacts of the Mercado Santa Fe Project in 24 Uptown Subarea B; 25 /1/ -8- p:\Ageadu\Relolutloll.\Resolutlo...U004\04-07-19 Uptowll CCN Ellv CDC Rno.doe 1 (ii) the Long-Term Regional Air Quality Impacts or the air emissions (stationary 2 source plus mobile/traffic source) of the Mercado Santa Fe Project and General Plan 3 Amendment No. 04-02 are forecast in the Final EIR exceed the thresholds for significant effect 4 established by the SCAQMD. However, there are no mitigation measures currently available to 5 reduce emissions from mobile sources, and as a consequence, the long-term air quality impacts 6 of the Project remain significant and unavoidable; (iii) Year 2008 Freeway Segment Conditions and Year 2025 Freeway Segment 7 8 Conditions are both indicated in the Final EIR to be operating at unsatisfactory conditions, and the Project will contribute to such adverse conditions in the year 2008 and in the Year 2025 under the traffic impact generation models considered in the Final ElR. Although certain 9 10 11 mitigation measures could be implemented in the case of the freeway segment conditions to improve the operation of the freeway segments to an acceptable level of serve (or a non- 12 13 significant impact on the environment for both 2008 and 2025), the mitigation measures identified in the Final EIR are not within the jurisdiction of the Commission to implement. 14 Caltrans has jurisdiction for providing for capital improvements to the indicated freeway segments, and at the present time Caltrans has not formulated any mechanism for proponents of 15 16 the Project (in particular the Mercado Santa Fe Project and the owners of land benefited by General Plan Amendment No. 04-02) to pay fees or make other fair share contributions to improve mainline freeway segments to so eliminate the adverse impact of the development of 17 18 19 such land on the operation of the freeway segments. 20 Potential mitigation measures or other project alternatives relating to the three (3) unavoidable significant impacts of the Project as generally identified in this Section IV.E., were 21 22 not incorporated into or adopted as part of the Project, as the mitigation of these impacts is regarded as infeasible and not economically or socially viable based on specific economic, 23 24 social, or other considerations as set forth in the Facts and Findings and Statement of Overriding 25 Considerations. -9- P:\Agendu\Reloladollll.Relolullollll.2004\Q4..07-19 UptoWII CCN Env CDC ReIo.doc 1 the Commission has given great weight to the significant unavoidable adverse (4) 2 environmental impacts of the Project. Nevertheless, for the reasons set forth in the Facts and Findings and Statement of Overriding Considerations the Commission hereby finds and 3 4 determines that the significant unavoidable adverse impacts of the Project are clearly outweighed by the elimination of blight which affects each of the redevelopment project areas and the economic, social, cultural and other benefits to the community which shall be realized by the Project, including the potential development of the Mercado Santa Fe Project, the redevelopment of the lands affected by General Plan Amendment No. 04-02, as set forth in the Facts and Findings and Statement of Overriding Considerations, which is hereby adopted and approved by the Commission as the responsible agency under CEQA for implementing certain aspects of the Project. (5) the findings contained in the Facts and Findings and Statement of Overriding 5 6 7 8 9 10 11 12 Considerations with respect to the significant environmental impacts of the Project identified in 13 14 the Final ErR are true and correct, and are based upon substantial evidence in the record, including documents comprising the Final EIR. (6) the Final ErR, Mitigation Monitoring Plan, and the Facts and Findings and Statement of Overriding Considerations reflect the independent review, analysis and judgment of the Agency and the Commission. 15 16 17 18 Section 5. The Facts and Findings and Statement of Overriding Considerations are 19 approved and adopted; the Final Program Environmental Impact Report is certified; and the 20 Mitigation Monitoring Plan is approved and adopted. Furthermore, pursuant to CEQA 21 Guidelines Section 15097 the Commission ensures that the Agency shall comply with the 22 requirements of the Mitigation and Monitoring Program, including the submission of any 23 necessary reports during (i) all condemnation proceedings initiated by the Agency on land lying within the CCN Project Area or the Uptown Project Area; (ii) the construction of the Mercado Santa Fe Project if assistance is granted by the Agency; and, (iii) any redevelopment 24 25 -10- P:\Age.du\ReIolutloDs\Raollldolll\1004\04-07-19 Uplown CCN Env CDC Reso.doe 1 project lying within the land affected by General Plan Amendment No. 04-02 to which the 2 Agency grants assistance. 3 Section 6. The Executive Director of the Agency is hereby directed, in cooperation 8 with the City Planning Division, to file a Notice of Determination with the County of San Bernardino Clerk of the Board of Supervisors certifying the Commission's compliance, as a responsible agency under CEQA in reviewing and approving the Final Program Environmental Impact Report for the Project, including the adoption of the Facts and Findings and Statement of Overriding Considerations and the approval of the Mitigation Monitoring Plan. A copy of such Notice of Determination shall be forwarded to the State Clearinghouse. The Resolution shall become effective immediately upon its adoption. 4 5 6 7 9 Section 7. 10 . III 11 III 12 III 13 III 14 III 15 III 16 III 17 III 18 III 19 III 20 III 21 III 22 III 23 III 24 III 25 III -11- P:\Aaendu\Reloludool\Re80lndonl\1:004\D4..G7-19 Vptown CCN E.v CDC Rno.doe 2 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AS A RESPONSmLE AGENCY UNDER THE CALIFORNIA ENVffiONMENTAL QUALITY ACT ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS, AND MAKING FINDINGS THAT A FINAL PROGRAM ENVIRONMENTAL IMPACT REPORT, AND THE MITIGATION MONITORING PLAN FOR THE REINSTATEMENT OF EMINENT DOMAIN POWERS IN THE REDEVELOPMENT PROJECT AREAS OF THE UPTOWN REDEVELOPMENT PROJECT AND THE CENTRAL CITY NORTH REDEVELOPMENT PROJECT FULLY AND ADEQUATELY ADDRESS THE POTENTIAL ENVIRONMENTAL EFFECTS OF THE APPROVAL BY THE COMMISSION OF SUCH REDEVELOPMENT PLAN AMENDMENTS 3 4 5 6 7 8 9 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the 10 Community Development Commission of the City of San Bernardino at a meeting 11 thereof, held on the day of , 2004, by the following vote to wit: Commission Members: Aves Navs Abstain Absent 12 13 ESTRADA LONGVILLE MCGINNIS DERRY KELLEY JOHNSON 14 15 16 17 18 MC CAMMACK 19 Secretary 20 day of ,2004. The foregoing resolution is hereby approved this 21 22 Judith Valles, Chairperson Community Development Commission of the City of San Bernardino 23 24 By: 25 A -12- P:\A&elldu\Relolutiooa\Rnollldolls\1004\04-07-19 Uptown ceN Env coe Reso.doe ATTACHMENT "A" Community Development Commission of the City of San Bernardino as a Responsible Agency under the California Environmental Quality Act Facts and Findings and Statement of Overriding Considerations for the Final Environmental Impact Report for the Uptown/Central City North Redevelopment Project Area 2004 Eminent Domain Amendments (State Clearinghouse #2003031072) I. INTRODUCTION The Community Development Commission of the City of San Bernardino (the "Commission") as a responsible agency under the California Enviromnental Quality Act in approving and certifying the Final Program Enviromnental hnpact Report adopted by the Mayor and Common Council of the City of San Bernardino (the "Common Council") (the "Final EIR") for the Uptown/Central City North Redevelopment Project Area 2004 Eminent Domain Amendments presents the facts and makes the findings described below and adopts the Statement of Overriding Considerations presented at the end of these Facts and Findings. The "Project" under consideration for purposes of the Commission's discretionary action is: The reinstatement of the powers of eminent domain in the two (2) redevelopment project areas and the associated redevelopment activities described below for purposes of compliance with CEQA, where the elements of the Project included the following: . reinstatement of the Redevelopment Agency of the City of San Bernardino's (the "Agency") power of eminent domain to acquire land in the Uptown Project Area and the Central City North ("CCN") Project Area (this reinstated power of eminent domain to be accomplished by written amendment to the text of each redevelopment plan); . rescission of special and development regulations contained in the Redevelopment Plan for the CCN Redevelopment Project and the amendment of this redevelopment plan to conform to current Community Redevelopment Law relating to relocation and affordable housing and to require that all new development in the CCN Project Area conform with the City's General Plan, zoning and development regulations currently in effect (the rescission of such special development regulations to be accomplished by a restatement of certain provisions of the Redevelopment Plan for the CCN Redevelopment Project to conform with the City's General Plan, zoning and development regulations currently in effect); and . a General Plan Amendment affecting approximately 19.02 acres within a portion of Subarea B of CCN Uptown Project Area (bounded by 3rd and 2nd Streets and between "K" Street and 1-215) from "IL" (Light Industrial) to "CG-l" (General Commercial) and the General Plan Amendment is identified as General Plan Amendment No. 04-02; . analysis of the Mercado Santa Fe Project within Subarea B of the Uptown Project Area, proposed for 9.2 acres south of 3rd Street. For the purpose of CEQA analysis, the proposed retail development concept assumes approximately 96,241 square feet of retail 1 P:\Agendas\Connn Dev ColllDlission\CDC 2004\04-07-19 Uptown CCN Statement ofOveniding CollSiderations.doc use and is based on on-site vehicle parking standard of 4 spaces for 1,000 square feet of retail use, the proposed use requires a minimum of 385 on-site vehicle parking spaces. The Mercado Santa Fe Project as proposed provides approximately 440 parking spaces. Collectively, the potential environmental effects of the elements of the proposed redevelopment and related activities for the purposes of the indicated analysis under the California Environmental Quality Act ("CEQA"), is described in this Resolution as the "Project". II. PROJECT SUMMARY A. PROJECT DESCRIPTION The Project includes the following elements: . reinstatement of the Agency's power of eminent domain to acquire land in the Uptown Project Area and the CCN Project Area (this reinstated power of eminent domain to be accomplished by written amendment to the text of each redevelopment plan); . rescission of special and development regulations contained in the Redevelopment Plan for the CCN Redevelopment Project and the amendment of this redevelopment plan to conform to current Community Redevelopment Law relating to relocation and affordable housing and to require that all new development in the CCN Project Area conform with the City's General Plan, zoning and development regulations currently in effect (the rescission of such special development regulations to be accomplished by a restatement of certain provisions of the Redevelopment Plan for the CCN Redevelopment Project to conform with the City's General Plan, zoning and development regulations currently in effect); . General Plan Amendment No. 04-02 affecting approximately 19.02 acres within a portion of Subarea B of Uptown Project Area (bounded by 3rd and 2nd Streets and between "K" Street and 1-215) from "IL" (Light Industrial) to "CG-l" (General Commercial; and . analysis of the Mercado Santa Fe Project within Subarea B of the Uptown Project Area. This development is proposed for 9.2 acres south of 3'd Street and is commonly referred to as the Mercado Santa Fe. The Project affects three (3) areas located in the central portion of the City. The Uptown Project Area includes two (2) of these areas which are referred to as Uptown Subarea A and Uptown Subarea B. Uptown Subarea A is located along Highland Avenue and Baseline Street from Interstate 215 (1-215) on the west to Waterman Avenue on the east and along "E" Street from Highland Avenue on the north to Eighth Street on the south. Uptown Subarea A includes approximately 348 acres of land. Uptown Subarea B is bounded by the Santa Fe Railroad yard to the north, Rialto Avenue and King Street on the south, 1-215 on the east, and Mount Vernon on the west. Uptown Subarea B includes approximately 84 acres of land. The CCN Project Area is bounded by Eighth Street on the north, Fourth and Court Streets on the south, Arrowhead 2 P:\Agendas\Conan Dev Connnission\COC 2004\04-07.19 Uptown eCN Statement of Overriding Considerations.doc Avenue on the east, and 1-215 on the west. The CCN Project Area includes approximately 278 acres ofland. B. PROJECT OBJECTIVES The objective of the Project is to sustain the redevelopment programs and goals of two (2) established redevelopment plans of the Agency: (i) the Redevelopment Plan for the CCN Redevelopment Project; and (ii) the Redevelopment Plan for the Uptown Redevelopment Project. The goals of these two (2) redevelopment plans are summarized at Final EIR (D) 3-6 through 3-7. The reinstatement of the power of eminent domain will promote the efforts of the Agency to eliminate and prevent the spread of blight by further enhancing the Agency's ability to promote redevelopment in both Project Areas by attracting public and private development. Further, the reinstatement of the power of eminent domain in the case of the Uptown Redevelopment Project may result in a specific redevelopment implementation activity being able to move forward in Uptown Subarea B, (i.e., the Mercado Santa Fe Project). In addition, the City is also proposing an amendment to the land use element of the General Plan, affecting an approximately 19 acre portion of Uptown Subarea B in order to encourage and foster economic reuse and redevelopment of this area in light of current conditions, and the proposed freeway improvement of nearby segments ofI-215. Apart from the potential redevelopment of the Mercado Santa Fe Project, currently no other redevelopment implementation activities are planned at the time of certification of the Final EIR in either the Uptown Project Area or in the CCN Project Area which may require the use by the Agency of the power of eminent domain as part of the land assembly program to assist either an owner participant or a third party developer to redevelop blighted areas within either Project Area. However, the reinstatement of the power of eminent domain will enable the Agency, to promote further redevelopment by giving the Agency (and ultimately a third party developer/owner participant) a greater ability to acquire property for the effective redevelopment and elimination of blight within these two Project Areas. III. ENVIRONMENTAL REVIEW AND PUBLIC PARTICIPATION The City conducted the environmental review of the Project as follows: . an initial study was prepared for the proposed project in March 2003 and based upon this March 2003 initial study it was determined that preparation of an environmental impact report for the proposed Project was indicated; . a notice of preparation for an environmental impact report for the proposed Project was prepared and circulated to the State Clearinghouse, responsible agencies and other interested persons on March 14,2003; . subsequent to the close of the comment period on April 14, 2003, for the March 14,2003 notice of preparation, the City refmed the original initial study for the proposed Project 3 P:\Agendas\Comm Dev Commission\CDC 2004\04-.07-19 Uptown CCN Statement of Overriding Considerations.doc and the City redistributed an updated and revised Initial Study and Notice of Preparation to the State Clearinghouse, responsible agencies and interested persons for a second 30- day comment period for the environmental impact report from February 18, 2004 to March 18, 2004. . a public scoping meeting was held on March 26, 2004, to give the public the opportunity to provide comments as related to the proposed Project and the issues the public would like addressed in the Draft EIR. . a Draft EIR was distributed for public review on April 8, 2004, for the 45-day review period with the review period ending on May 24, 2004. Four comment letters were received before the close of the public review period. The specific responses to the written comments are in the Final EIR: 3-1 through 3-14. . the Final EIR was distributed for a lO-day notification period beginning on June 15, 2004. . on June 22, 2004, the City Planning Commission held a noticed public hearing on the Project. . on July 19, 2004, the Common Council conducted a noticed joint public hearing with the Commission to consider the approval of an Amendment to the Redevelopment Plan for the Uptown Redevelopment Project (Reinstatement of Eminent Domain) of an Amended and Restated Redevelopment Plan for the Central City North Redevelopment Project and certified the Final EIR. A. INDEPENDENT JUDGMENT FINDING The City retained LSA Associates, Inc., to assist with the preparation of the Draft EIR and Final EIR. The Draft EIR and the Final EIR were prepared under the direction and supervision of the City, Development Services Department, Planning Division. The Final EIR includes the documents, reports, technical appendices, correspondence, notices, minutes of public scoping meetings and related materials described in Final EIR 1-1. The Final EIR is on file with the City Clerk and is available for inspection and copying as a public record of the City by interested persons during the regular business hours of the City Clerk. The Agency participated and cooperated with the City in the review and commenting process during the EIR preparation. Finding: The Final EIR reflects the Commission's independent judgment and analysis. The Commission has considered the contents of the Final EIR prior to the approval of the Project. The Commission has exercised its independent judgment in reviewing and considering the contents of the Final EIR in accordance with CEQA Guidelines Section 15096(d). B. FINDINGS ON THE FINAL EIR Finding: The Commission hereby declares that the Final EIR has identified and discussed significant effects which may occur as a result of the Project. With the implementation of the 4 P:\Agcndas\Conun Dev Commission\CDC 2004\04-07-19 Uptown CCN Statement of Overriding Considerations.doc mitigation measures discussed in the Final EIR, these effects can be mitigated to a level of less than significance as set forth in Section III.F. However, there are certain other significant effects which either cannot be fully mitigated or for which no feasible or practical mitigation currently exist, and these unavoidable significant impacts are discussed in Section III.G of these Findings. C. GENERAL FINDING ON MITIGATION MEASURES The Commission has reviewed the mitigation measures applicable to the Project set forth in the Mitigation Monitoring Plan and adopted by the City, as the "lead agency". Findings: The Commission hereby finds that the mitigation measures summarized in the Mitigation Monitoring Plan shall reduce all potential significant impacts of the Project to a level of less than significant, except as set forth in Section III.G. The Commission hereby adopts all mitigation measures recommended in the Final EIR. The Commission hereby adopts the Mitigation Monitoring Plan for the Project in the form as submitted to the Commission at the joint public hearings when the Final EIR was considered. If a mitigation measure identified in the Final EIR has, through error, been omitted from the Mitigation Monitoring Plan from these Findings, or that measure is not specifically reflected in these Findings, that mitigation measure shall be deemed to be adopted pursuant to this paragraph. D. ENVIRONMENTAL IMPACTS AND FINDINGS The detailed analysis of potential enviromnental impacts and proposed mitigation measures for the Project presented in Final EIR: (D)I-I through 1-5 and 4.1 through 4.6, inclusive. Responses to comments and any revisions or omissions to the Draft EIR are provided in the Final EIR: 3-1 through 3-14. The Final EIR evaluated two (2) major enviromnental categories (transportation/circulation and air quality) for potential significant adverse impacts, including cumulative impacts. Both project-specific and cumulative impacts were evaluated. Of these two (2) enviromnental categories, the Commission concurs with the conclusions in the Final EIR that with respect to all except the issues considered in Section III.G., that all of the other issues and sub-issues discussed in these Findings can be mitigated below a significant impact threshold and for those issues which cannot be mitigated below a level of significance (See Section III.G.), overriding considerations exist which make impacts acceptable. In addition to the two (2) major enviromnental categories addressed in the Final EIR, four (4) other major categories were found to be non-significant in the Initial Study prepared by the Project. The Commission concurs with the conclusions on these categories as outlined in the Initial Study (Appendix A of the Draft EIR) and finds that no significant impacts have been identified as to those categories identified in the Initial Study and no further analysis is required. E. IMPACTS IDENTIFIED IN THE FINAL EIR AS LESS THAN SIGNIFICANT REQUIRING NO MITIGATION Certain effects for the Project were found not to be significant and were identified as such in the initial study for the Project. The basis on which the effects of the Project found to be less than potentially significant were set forth in summary in the Final EIR. These less than potentially 5 P:\Agendlls\Comm Dcv Commission\CDC 2004\04-07.19 Uptown CCN SlllIemenI ofOvmiding Considerations.doc significant effects of the Project are the following the reasons set forth in the Final EIR: (0)2-5 through 2-14: Agricultural Resources; Biological Resources; Energy and Mineral Resources; Hazards; HydrologylW ater Resources; Population and Housing; Public Services Public Utilities; and Recreation The following issues were identified in the Initial Study (Appendix A of the Draft EIR) as having the potential to cause significant impact and were carried forward to the Final EIR for detailed evaluation. These issues were found, either on the basis of further analysis in the Final EIR or because the identified impacts have been fully mitigated, as having no potential to cause significant impact and therefore require no project-specific mitigation. Each resource issue is identified and the potential for significant adverse enviromnental effects is discussed below: Aesthetics Any project initiated within the Uptown and CCN Project Areas would be subject to City- mandated development standards relative to the design, construction, and maintenance of structures, parking areas, landscaping, and site amenities. New development within the project areas adhering to City-mandated design standards may result in the construction and operation of uses that contrast with the existing scale, pattern, and aesthetic character of adjacent development. Because of the deteriorated aesthetic character currently exhibited within the Uptown and CCN Project Areas, and because any future development that may occur will be required to adhere to current City design and development standards, no significant adverse aesthetic impacts would result from either the proposed reinstatement of eminent domain or the implementation of the proposed General Plan Amendment 04-02. The planned future Mercado Santa Fe Project proposes demolition of several existing residential and commercial uses within a portion of Subarea B of the Uptown Project Area. The future construction of a retail-commercial center and the installation of public amenities and infrastructure improvements will alter the existing character of the site. The proposed retail- commercial project will be required to adhere to applicable City-mandated design guidelines and development standards. The proposed future development of the Mercado Santa Fe Project per applicable City standards would eliminate blighted conditions that are present on site, generally improving the aesthetic character of the site. Therefore, no significant adverse aesthetic impacts are anticipated to result from the development of the proposed future Mercado Santa Fe project. Lighting 6 P;\Agcndas\Comm Dev Commission\CDC 2004\04-07-19 Uptown CCN Statement of Overriding Considerations.doc The location, amount, intensity, or direction of existing lighting sources would not be directly or inunediately affected by the reinstatement of eminent domain or implementation of the proposed General Plan Amendment 04-02. As redevelopment occurs within the Uptown and CCN Project Areas, alterations to the existing lighting environment may occur. Development of the proposed future Mercado Santa Fe Project will result in the construction and operation of retail- conunercial uses and may alter the amount, intensity, and/or location of lighting. The installation/operation of new lighting sources within the Uptown and CCN Project Areas would be required to adhere to the standards in the City's General Plan and the Development Code. These standards address the effect of lighting and glare and require that no new sources of light or glare be visible beyond parcel boundaries. Thus, no adverse effects would occur on neighboring properties and potentially light- sensitive uses. Furthermore, the standards require such measures as security lighting at entrances and exits to new developments, which may prove beneficial to neighboring properties. Because the design, installation, and operation of lighting sources are governed by established standards, and because adherence to such standards is required of all new development, no potentially adverse lighting impact will result from the implementation of any component of the proposed Project at this level of analysis. Cultural Resources The reinstatement of eminent domain and the proposed General Plan Amendment 04-02 will not result in direct physical changes to existing structures other than those located on the proposed retail site, which are addressed in this analysis. Redevelopment activities within the Uptown and CCN Project Areas will, however, be enabled by these actions and will occur when and where market conditions and the development and redevelopment climate are favorable. Any subsequent development activities will be required to adhere to applicable City, State, and federal regulations governing projects that may impact (either directly or indirectly) the integrity of an identified historic structure, object, site, or landmark. Subsequent project-specific historic/cultural resource investigations will be required for future development projects; consequently, no significant impacts would result from these actions. Anticipated future development of the retail center on the Mercado Santa Fe Project site will, however, necessitate the demolition of ten (10) structures, including three (3) residential structures, three (3) active commercial structures, and four (4) abandoned structures that formerly housed or supported conunercial uses. In sununary, visual inspection and historical research of the proposed retail project site demonstrated the presence of single- and multi-family domestic residences of Euro-American blue-collar and middle-class residents. The residences were constructed over a succession of years from about 1905 through the 19l0s, and were occupied by successions of individuals and families. The commercial properties were constructed in the 1950s. As none appear eligible for listing on the California Register, the demolition of the residences and the conunercial buildings is not considered an adverse effect under CEQA guidelines. The anticipated Mercado Santa Fe Project retail center development will have no adverse effect on any potential historic properties on-site or in the immediate area. F. POTENTIALLY SIGNIFICANT IMPACTS WHICH CAN BE MITIGATED BELOW A LEVEL OF SIGNIFICANCE AND MITIGATION MEASURES 7 P;\Agendas\Conun Dev Commission\CDC 2004\04-07-19 Uptown CCN Slatem.mt ofOveniding Considentions.doc Public Resources Code Section 21081 states that no public agency shall approve or carry out a project for which an environmental impact report has been completed, which identifies one or more significant effects, unless the public agency makes one or more of the following fmdings: I. Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment. 2. Those changes or alterations are within the responsibility and jurisdiction of another public agency and have been, or can and should be, adopted by that other agency. 3. Specific economic, legal, social, technological, or other considerations, make infeasible the mitigation measures or alternatives identified in the Final EIR. The following issues from the environmental categories analyzed by the Final EIR were found to be potentially significant, but can be mitigated to a less than significant level, with the imposition of mitigation measures: . Air Quality, . Traffic and Circulation, . Cultural Resources and, . Noise. The Commission finds that all potentially significant impacts of the Project listed below can and will be mitigated, reduced or avoided by imposition of the mitigation measures set forth in the Final EIR and the Mitigation Monitoring Plan. Specific findings of the Commission for each category of such impacts are set forth in detail below: The Commission hereby finds, pursuant to Section 21081 that the following potential environmental impacts can and will be mitigated to below a level of significance, based upon the implementation of the mitigation measures set forth in the Final EIR: AIR QUALITY The development assumptions of the Project are set forth in Final EIR (D) Table 3.A. These development assumptions produce certain affects on Air Quality under the guidelines set forth by the South Coast Air Quality Management District ("SCAQMD"). These SCAQMD guidelines were applied to the assessment of Air Quality impacts of the Project. Essentially, these development impacts are associated with the amendment to the land use element of the General Plan and the Mercado Santa Fe Project. The analysis conducted in the Final EIR (Final EIR (D) 4.2-1 through 4.2-18) indicates that the Project will not have an adverse environmental effect on two (2) elements of Air Quality. These two (2) elements are referred to as "Architectural Coatings in Construction Activities" and "Long-Term Microscale (CO Hotspots) Impacts." However, the analysis of two (2) other 8 P:\Agendas\Co1llIll Dev Commission\CDC 2004\04-07-19 Uptown CCN SlatemmI of Overriding Considerations.doe elements of Air Quality in the Final EIR (Final EIR (D) 4.2-18 through 4.2-22) indicate that the Project will have certain unavoidable adverse impacts even after the implementation of mitigation measures. These two (2) elements are identified in the Final EIR as "Construction Impacts" (construction equipment exhaust and dust) and "Long-Term Regional Air Quality Impacts" (vehicle traffic effects on air quality). Air Quality/Construction Impacts (SEE ALSO SECTION ill.G. SIGNIFICANT AND UNAVOIDABLE): According to the Final EIR the short-term construction impacts associated with the Mercado Santa Fe Project can be reduced if mitigation measures are implemented. However, even with the implementation of the mitigation measures identified in the Final EIR, short-term adverse effects on sensitive receptors during the course of construction of the Mercado Santa Fe Project will remain significant and unavoidable. Findings: The Commission hereby finds that the following mitigation measures shall substantially reduce the adverse effects of the short-term construction improvements, but not reduce them to a level of insignificance. All construction activities undertaken as a result of the Project shall be required to comply with regional rules that assist in reducing short-term air pollutant emissions. SCAQMD Rule 403 requires that fugitive dust be controlled with best available control measures so that the presence of such dust does not remain visible in the atmosphere beyond the property line of the emission source. In addition, SCAQMD Rule 402 requires implementation of dust suppression techniques to prevent fugitive dust from creating a nuisance off site. Applicable dust suppression techniques from Rule 403 are summarized below. Implementation of these dust suppression techniques can reduce the fugitive dust generation (and thus the PMI0 component). Rule 403 Measures applicable to the proposed actions include: . apply nontoxic chemical soil stabilizers according to manufacturers' specifications to all inactive construction areas (previously graded areas inactive for 10 days or more); . water active sites at least twice daily. (Locations where grading is to occur will be thoroughly watered prior to earthmoving); . all trucks hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least two (2) feet of freeboard in accordance with the requirements of California Vehicle Code (eve) Section 23114 (freeboard means vertical space between the top of the load and top of the trailer); . pave construction access roads at least 100 feet onto the site from the main road; and . traffic speeds on all unpaved roads shall be reduced to 15 mph or less. In addition to Rule 403 measures, the following measures shall apply to the proposed actions: 9 P:\Agendas\Comm Dev Commission\CDC 2004\04-07-19 Uptown CCN Statement of Overriding Considerations.doc . disturbed areas shall be (re)vegetated as quickly as possible; . all excavating and grading operations shall be suspended when wind speeds (as instantaneous gusts) exceed 25 mph; . all streets shall be swept once per day if visible soil materials are carried to adjacent streets (recommend water sweepers with reclaimed water); . wheel washers shall be installed where vehicles enter and exit unpaved roads onto paved roads; and . the area disturbed by clearing, grading, earthmoving, or excavation operations shall be minimized at all times. The construction contractor shall select the construction equipment used on site based on low emission factors and high energy efficiency. The construction contractor shall ensure that construction grading plans include a statement that all construction equipment will be tuned and maintained in accordance with the manufacturer's specifications. The construction contractor shall utilize electric or diesel powered equipment in lieu of gasoline powered engines where feasible. The construction contractor shall ensure that construction grading plans include a statement that work crews will shut off equipment when not in use. During smog season (May through October) the overall length of the construction period will be extended, thereby decreasing the size of the area prepared each day, to minimize vehicles and equipment operating at the same time. The construction contractor shall time the construction activities so as to not interfere with peak hour traffic and minimize obstruction of through traffic lanes adjacent to the site; if necessary, a flagperson shall be retained to maintain safety adjacent to existing roadways. The construction contractor shall support and encourage ridesharing and transit incentives for the construction crew. Air Quality/Long-Term Regional Air Quality Impacts (SEE ALSO SECTION III.G. SIGNIFICANT AND UNAVOIDABLE): Long-term air emissions are those associated with stationary sources and mobile sources. The Final EIR forecasts the potential effect on long-term air emissions of the Mercado Santa Fe Project and the new development potential associated with the amendment to the land use elements of the General Plan. The Final EIR assumes that 21,419 daily vehicle traffic trips will be generated as a result of such development in calendar year 2008 (Final EIR (0) 4.2-21 through 4.2-22 and Final EIR (D) Table 4.2.1). 10 P;\Agendas\Conun Dev Commisaion\CDC 2004\04.07-19 Uptown CCN Statement ofOvcrriding ConsideratioIl!l.doc In light of the emissions produced by these new vehicle trips and the related stationary source air emissions of the completed project, the Final EIR reports that emissions of carbon dioxide, reactive organic compounds, nitrogen dioxide and visibility reducing particles (PMIO) will exceed the thresholds set by SCAQMD for these pollutants. Findings: The Final EIR notes that no measures are available to reduce emissions from mobile sources (vehicle trips) and that it is mobile source emission which is the primary source oflong- term air quality impacts associated with the Project. The Commission hereby concurs with this finding. CULTURAL RESOURCES Findings: The Commission hereby finds that adherence to the following mitigation measures shall reduce the potential adverse effects on cultural resources to a level of insignificance: In the event construction activities expose a cultural or archaeological resource, a qualified archaeologist shall be notified to ascertain the significance of the find. The qualified archaeologist shall be empowered to halt or divert earthmoving activities in the vicinity of the find to allow for the adequate (as determined by the City, State, or other responsible entity) recordation and/or recovery of the fmd. If human remains are encountered, Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the County Coroner has made a determination of origin and disposition pursuant to Public Resources Code Section 5097.98. The County Coroner must be notified of the fmd immediately. If the remains are determined to be prehistoric, the Coroner will notify the Native American Heritage Commission (NARC), which will determine and notify a Most Likely Descendent (MLD). With the permission of the landowner or his/her authorized representative, the descendent may inspect the site of the discovery. The descendent shall complete the inspection within 24 hours of notification by the NAHC. The MLD may recommend scientific removal and nondestructive analysis of human remains and items associated with Native American burials. NOISE The Commission hereby finds that the following mitigation measures shall substantially reduce potentially significant noise impacts from short-term construction operations, but not reduce them to a level of insignificance: During all project site excavation and grading on-site, the project contractors shall equip all construction equipment, fixed or mobile, with properly operating and maintained mufflers consistent with manufacturer's standards. The project contractor shall place all stationary construction equipment so that emitted noise is directed away from sensitive receptors nearest the project site. 11 P:\Agendas\CoDDll Dev Commission\CDC 2004\O4.()7-19 Uptown CCN Statement of Qveniding Considerations.doc The construction contractor shall locate equipment staging in areas that will create the greatest distance between construction-related noise sources and noise-sensitive receptors nearest the project site during all project construction. During all project site construction, the construction contractor shall limit all construction-related activities that would result in high noise levels to between the hours of 7:00 a.m. to 7:00 p.m. on weekdays. Only limited construction that would not affect adjacent sensitive uses is permitted on Sundays and govemment holidays. Finding: The Commission hereby finds that the following mitigation measures shall reduce potentially significant noise impacts from long-term construction operations to a level of insignificance: An air-conditioning system for all commercial/office buildings will be required in any location impacted by traffic noise levels exceeding 57 dBA CNEL. TRANSPORTATION AND CIRCULATION Finding: The Commission hereby finds that the following mitigation measures shall reduce potentially significant traffic impacts to a level of insignificance: Prior to issuance of certificates of occupancy, the project proponent shall install a traffic signal at the "L" Street! Second Street intersection. Prior to issuance of certificates of occupancy, the Project proponent shall install a traffic signal at the "J" Street! Second Street intersection. Finding: The Commission hereby finds that implementation of the following mitigation measures relating to intersection improvements for year 2025 with project conditions, the minimum level of service standards are maintained at study area intersections where a significant Project impact is identified, thereby reducing the impact to a less than significant level: The Project shall make a fair share contribution to the following mitigation measures: Station Way/Giavanola A venue/ Second Street - Installation of a traffic signal. "L" Street!Second Street - Installation of a traffic signal. "K" StreetlThird Street - Addition of one westbound through lane. "J" Street! Second Street - Installation of a traffic signal. 1-215 Southbound On-Ramp/Second Street - Restripe southbound approach as one dedicated left turn lane, one shared through/left turn lane, and one right turn lane. 12 P:\Agendas\Cooun Dcv Conmission\CDC 2004\04.07-19 Uptown CCN Statement of Overriding Considerations.doc G. IMPACTS ANALYZED IN THE FINAL EIR AND DETERMINED TO BE SIGNIFICANT AND UNAVOIDABLE With the implementation of all available and feasible mitigation measures recommended in the Final EIR, the following adverse impacts of the proposed project stated below are considered to be significant and unavoidable, both individually and cumulatively, based upon information in the Final EIR, in the record, and based upon testimony provided during the public hearings on this Project. These impacts are considered significant and unavoidable despite the mitigation measures which are imposed and which will reduce impacts to the extent feasible: Both short-term construction-related impacts and long-term vehicular air quality impacts have been identified as significant and unavoidable even with implementation of mitigation measures. Air Quality Construction Emissions (Fugitive Dust/Construction Equipment Exhaust). While compliance with the standard control measures will reduce by half the emissions of fugitive dust, these emissions as emission of nitrous oxides (NOX) or exhaust from construction equipment, will remain above thresholds established by the South Coast Air Quality Management District; therefore, impacts resulting from the development of the Mercado Santa Fe Project will remain significant and unavoidable. The Commission hereby concurs with this finding. Long-Term Regional Air Quality Impacts. Most of the Project's long-term air quality impacts are generated by vehicle emissions. No mitigation measures are available to substantially reduce long-term air quality impacts of the Project. Therefore, impacts remain significant and unavoidable. The Commission hereby concurs with this finding. Traffic Year 2008 with Project Freeway Conditions. All freeway segments examined on Interstate 10 (1-10) and 1-215 are projected to operate below acceptable levels of service. There are no feasible mitigation measures for these impacts; thus, they remain significant and unavoidable. The Commission hereby concurs with this finding. Year 2025 with Project Freeway Conditions. All freeway segments examined on the 1-10,1- 215, State Route 259 (SR-259), and State Route 30 (SR-30) are projected to operate below acceptable levels of service. There are no feasible mitigation measures for these impacts; thus, they remain significant and unavoidable. The Commission hereby concurs with this finding. Finding: The Commission concurs with the conclusion of the EIR that there is no feasible way of assuring funding of the following specific mainline freeway improvements, and that accordingly the adverse impacts from the Project to existing "Below Level of Service Threshold" operations ofthese freeway segments will be significant and unavoidable: 1-10 - 1-215 to Waterman Avenue: Addition of one eastbound mixed-flow lane and one High Occupancy Vehicle (HOV) lane, and one westbound HOV lane. 13 P:\Agendas\Comm Dev Commission\CDC 2004\04-07-19 Uptown CCN Statenv:nt of Overriding Considerations.doc 1-215 - Mt. Vernon Avenue to Orange Show Road: Addition of one northbound mixed- flow lane, one northbound HOV lane, one southbound mixed-flow lane, and one southbound HOV lane. 1-215 - Orange Show Road to Inland Center Drive: Addition of one northbound mixed- flow lane, one northbound HOV lane, and one southbound HOV lane. 1-215 - Inland Center Drive to Second Street: Addition of one northbound mixed-flow lane, one northbound HOV lane, one southbound mixed-flow lane, and one southbound HOV lane. 1-215 - Second Street to Fifth Street: Addition of one northbound HOV lane and one southbound HOV lane. 1-215 - Fifth Street to SR-259: Addition of one northbound mixed-flow lane, one northbound HOV lane, and one southbound HOV lane. 1-215 - SR-259 to SR-30: Addition of one northbound mixed-flow lane, one northbound HOV lane, one southbound mixed-flow lane, and one southbound HOV lane. 1-125 to Highland Avenue: Addition of one HOV lane in the northbound and southbound directions. SR-259 - Highland Avenue to SR-30: Addition of one HOV lane in the northbound and southbound directions. SR-30 - 1-259 to Waterman A venue: Addition of one northbound mixed-flow lane, one northbound HOV lane, one southbound mixed-flow lane, and one southbound Improvements to 1-10, 1-215, SR-259, and SR-30 are under the authority of Caltrans. However, there is no mechanism for development project proponents to pay fees or make fair-share contributions toward improving mainline freeway lanes. Even if there were such a mechanism, there is no way to ensure that such payments would be directed to a specific freeway improvement project. Consequently, there are no feasible mitigation measures for these impacts. The Commission hereby concurs with this finding. H. RESERVED 14 P:\Agendas\Comm Dev Commission\COC 2004\04"(}7-19 Uptown CCN Statement ofOveniding ConsideratiolU.doc I. PROJECT BENEFITS The benefits derived from the approval of the Project are related to eliminating conditions of blight in the Project Areas. The Project fulfills the goals outlined in the City's General Plan, the goals outlined in each respective project area plan as well as the primary purpose of the Agency under Community Redevelopment Law by means of assisting owner participants and third party developers under the terms of specific redevelopment agreements and covenants acceptable to the Agency to (i) consolidate parcels; (ii) eliminate obsolete or blighted structures or conditions on commercial property; and, (iii) preserve and create new employment and private capital investment in the Project Area. The following benefits will occur as a result of Project implementation: 1. Implementation of the Project will result in the eliminate obsolete or blighted structures or conditions. 2. The Project will result in the preservation and creation of new employment and capital investment within the Uptown and CCN Project Areas. 3. The construction and operation of the proposed project will provide new employment opportunities, both short-term construction and potential long-term retail employment. 4. Establishment of the Mercado Santa Fe Project within Subarea B of the Uptown Project area will provide additional shopping amenities to serve the residents of the City and adjacent communities. 5. Development of the proposed Project will provide a logical extension of convenient and aesthetically compatible uses, which will strengthen the economic viability of the City. J. STATEMENT OF OVERRIDING CONSIDERATIONS The Commission adopts this Statement of Overriding Considerations with respect to the significant unavoidable impacts identified in the Final EIR. The following significant unavoidable impacts are anticipated to result from the proposed project after implementation of all project-specific mitigation measures identified in Section 4.0 of the Final EIR: Air Quality The proposed project would create significant air quality impacts from short-term construction activities and during long-term operations of the site. Pollutant emissions resulting from short- term construction activity would exceed thresholds for NOx and PMIO emissions after mitigation. Pollutant emissions associated with long-term operation activities would also exceed thresholds for CO, ROC, NOx, and PMIO. These impacts remain significant after mitigation. 15 P:\Agcndas\Co1Jllll Dev Commission\COC 2004\04-07-19 Uptown CCN Statement ofOvcrriding Considerations.doc Traffic Two significant unavoidable traffic impacts would result from implementation of the proposed project. The proposed project creates or contributes to unacceptable freeway operations (LOS F) during the p.m. peak hour in year 2008 on the following: . 1-10 from 1-215 to Waterman Avenue; and . 1-215 from Mt. Vernon Avenue to SR-30. In year 2025, the project creates or contributes to unacceptable freeway operations (LOS F) during the p.m. peak hour on the following: . 1- 10 from 1-215 to W aterman Avenue; . 1-215 from Mt. Vernon Avenue to SR-30; . SR-259 from 1-215 to SR-30; . SR-30 from State Street to 1-215; and . SR-30 from 1-259 to Waterman Avenue. Although mitigation of these impacts could be obtained by adding HOV or mixed-flow freeway lanes, these improvements are under the authority of Caltrans. There is no mechanism for development proponents to pay fees or make fair-share contributions toward improving mainline freeway lanes. Even if such a mechanism existed, there are no means to ensure that such payments would be directed to a specific freeway improvement project. Consequently, there are no feasible mitigation measures for identified freeway impacts. AIR QUALITY While implementation of mitigation measures will reduce construction-related air quality impacts on nearby sensitive receptors, short-term construction air quality impacts resulting from the proposed future retail center known as Mercado Santa Fe Project unavoidable. Nevertheless, the elimination of blight in Subarea B of the Uptown Project Area is hereby found to outweigh this temporary short-term adverse impact. No measures are available to reduce emissions from mobile sources, which are the primary source impacts. Long-term air quality impacts remain significant and unavoidable. TRAFFIC AND CIRCULATION All of the freeway segments examined on 1-10 and 1-215 are projected to operate below the acceptable level of service threshold under 2008 with project conditions. The addition of project- generated traffic contributes to these unsatisfactory operations. Improvements to 1-10 and 1-215 are under the authority ofCaltrans. However, there is no mechanism for development project proponents to pay fees or make fair share contributions towards improving mainline freeway lanes, and even if there were such a mechanism, there is no way to ensure that such 16 p;\Agendas\Comm Dev Commission\CDC 2004\04-07-19 Uptown CCN Statement of Overriding Considerations.doc payments would be directed to a specific freeway improvement project. Consequently, there are no feasible mitigation measures for these impacts. Because there is no feasible way to ensure payment for the identified mitigation, these impacts remain significant and unavoidable. NOISE The increase in short-term traffic on the surrounding roads due to construction activities is expected to be small reduction in and the associated increase in long-term traffic noise will not be perceptible. However, short-term intermittent high noise levels associated with truck traffic can be anticipated. This section of findings specifically addresses the requirements of Section 15093 of the CEQA Guidelines, which require the lead agency to balance the benefits of a proposed project against its unavoidable significant impacts and to determined whether the impacts are acceptably overridden by the project benefits. The Commission finds that the previously stated major project benefits, see Section F above, outweigh the unavoidable significant adverse environmental impacts noted above. Each of the separate benefits of the proposed project cited in the materials prepared at the direction of the City by the EIR consultant are hereby determined to be, in themselves and independent of the other project benefits, a basis for overriding all unavoidable environmental impacts identified in the Final EIR and in these findings. The Commission's fmdings set forth in the preceding sections have identified all of the adverse environmental impacts and the feasible mitigation measures, which can reduce impacts to less than significant levels where feasible, or to the lowest feasible levels where significant impacts remain. The findings have also analyzed four alternatives to determine whether there are reasonable or feasible alternatives to the proposed action or whether they might reduce or eliminate the significant adverse impacts of the proposed project. The Final EIR, present evidence that implementing the development of the project will cause significant adverse impacts, which carmot be substantially mitigated to nonsignificant levels. These significant impacts have been outlined above and the Commission makes the following finding: Finding: Having considered the unavoidable adverse impacts of the project, the Commission hereby determines that all feasible mitigation has been adopted to reduce or avoid the potentially significant impacts identified in the Final EIR and that no additional feasible mitigation is available to further reduce significant impacts. Further, the Commission fmds that economic, social, and other considerations of the project outweigh the unavoidable adverse impacts described above. The reasons for accepting these remaining unmitigated impacts are described below. In making this fmding, the Commission has balanced the benefits of the project against its unavoidable environmental impacts and has indicated its willingness to accept those risks. Finding: The Commission finds that the Project's benefits are substantial and override each unavoidable impact of the project. 17 P:\Agendas\Comm Dev Commission\CDC 2004\04.07.19 Uptown CCN Statement of Overriding Considerations.doc K. ADOPTION OF A MONITORING PLAN FOR THE CEQA MITIGATION MEASURES CEQA Guidelines Section 15097 requires the Commission to adopt a monitoring or reporting program regarding the changes in the project and mitigation measures imposed to lessen or avoid significant effects on the enviromnent. The Mitigation Monitoring Plan included as Section 5 in the Final EIR is hereby approved and adopted by the Commission, and the Commission hereby fmds that such plan satisfies CEQA's mitigation monitoring requirements. Furthermore, the Commission shall ensure the Agency shall comply with the requirements of the Mitigation Monitoring Program and make such reports as necessary during: (i) all condemnation proceedings against land lying within either Project Area; (ii) the development of the Mercado Santa Fe Project if assisted by the Agency; and (iii) the development of any other redevelopment project lying on land affected by General Plan Amendment No. 04-02 to which the Agency grants assistance. 1. The Mitigation Monitoring Plan is designed to ensure compliance with the changes in the project and mitigation measures imposed on the project during project implementation; and 2. Measures to mitigate or avoid significant effects on the environment are fully enforceable through permit conditions, agreements or other measures. 18 P:\Agendas\Co1llIll Dev Conmission\CDC 2004\04-07-19 Uptown CCN Statement of Overriding Considerations.doc: RESOLUTION NO. 2 3 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 4 5 6 7 8 9 10 WHEREAS, the City of San Bernardino ("City") is a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California; and 11 12 13 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 et seq.; and 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 WHEREAS, the Common Council has subsequently adopted certain amendments to the Redevelopment Plan for the Uptown Redevelopment Project as follows: (i) Common Council Ordinance No. MC-927 on December 19,1995; and (ii) Common Council Ordinance No. MC-1161 on December I, 2003. 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 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 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -1- P:\Agendas\Resolutions\Resolutions\2004\04-07-19 Upto\\1l Blight Analysis CDC Reso.doc 2 3 redevelopment project area of the Uptown Redevelopment Project (the "Project Area") by eminent domain; and 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 members of the Project Area Committee for the Project Area have considered and approved the 2004 Amendment and have voted to recommend the Common Council and the Commission that the 2004 Amendment be approved at the Joint Public Hearing scheduled for July 19, 2004 on the 2004 Amendment; 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 ofthe ordinance ofthe 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 hnpact Report and the 2004 Amendment; and WHEREAS, a Final Program Environmental hnpact Report has been prepared in connection with the consideration and approval of the 2004 Amendment and certain related 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 -2- P:\Agendas\Resolutions\R.esolutions\2004\04~07-19 Uptown Blight Analysis CDC Reso.doc redevelopment implementing activities, including a redevelopment study project referred to as 2 the "Mercado Santa Fe Project" and the City General Plan Amendment No. 04-02, and the 3 Common Council has adopted its resolution entitled: 8 "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 4 5 6 7 9 10 16 WHEREAS, the Commission has adopted its resolution entitled: "RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AS A RESPONSIBLE AGENCY UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS, AND MAKING FINDINGS THAT A FINAL PROGRAM ENVIRONMENTAL IMPACT REPORT, AND THE MITIGATION MONITORING PLAN FOR THE REINSTATEMENT OF EMINENT DOMAIN POWERS IN THE REDEVELOPMENT PROJECT AREAS OF THE UPTOWN REDEVELOPMENT PROJECT AND THE CENTRAL CITY NORTH REDEVELOPMENT PROJECT FULLY AND ADEQUATELY ADDRESS THE POTENTIAL ENVIRONMENTAL EFFECTS OF THE APPROVAL BY THE COMMISSION OF SUCH REDEVELOPMENT PLAN AMENDMENTS"; and 11 12 13 14 15 17 18 19 20 WHEREAS, all legal prerequisites to the passage of this Resolution have occurred and been taken in accordance with applicable law. 21 22 NOW, THEREFORE THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, FIND AND DETERMINE AS FOLLOWS: 23 24 Section 1. The information set forth in the Recitals of this Resolution is true an 25 correct. The Commission has conducted a full and fair joint public hearing with the Commissio Council on July 19, 2004 regarding the 2004 Amendment. 26 27 Section 2. The purposes and intent of the Commission with respect to the 2004 28 Amendment is to reinstate the Agency's eminent domain authority with respect to all property in -3- P:\Agendas\Resolutions\Resolutions\2004\04-07-19 Uptovm Blight Analysis CDC Reso.doc 2 the Project Area for a twelve (12) year period thereby protecting and promoting the sound redevelopment of the Project Area and the general welfare of the inhabitants of the City by providing a method of property acquisition through the potential use of eminent domain in order for the Agency to be able to assemble parcels, attract redevelopment interest by owners of land and third persons and secure capital improvement in the Project Area by insuring its ability to deliver property for redevelopment purposes as part of specific programs to eliminate and prevent the spread of blight in the Project Area. Section 3. No written objection to the 2004 Amendment was received by the Commission prior to the joint public hearing and no written or oral objection was submitted to the Commission or the Common Council prior to the close of the joint public hearing on the 2004 Amendment. Based on all staff reports and consultant reports prepared by or at the direction of the Agency and the City, the staff and consultant's 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, and the "Report to Mayor and Common Council, 2004 Eminent Domain Amendment, Uptown Redevelopment Report" (the "Section 33352 Report"). Section 4. (a) The Section 33352 Report contains a summary of facts and information which indicate that conditions of blight continue to burden the Project Area. The observation of the conditions of blight which afflict the Project Area is described in the Section 33352 Report. The Section 33352 Report includes both field observation of conditions in the Project Area and analysis of technical data. The field observation was conducted by Agency staff and qualified consultants, as described in the Section 33352 Report, all of whom have significant experience in compiling and evaluating data relating to the existence of blight in a redevelopment project area. The Project Area displayed substantial evidence of blight in 1986 at the time when the Redevelopment Plan was adopted. The existence of blight in 1986 was so prevalent that blight caused a reduction and lack of property utilization of the area to such an extent that the lands in the Project Area posed a physical and economic burden on the community. CRL Section 33031 contains the primary source of law for the definition of "blight". The following contains a summary of the information contained in the Section 33352 Report 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 -4- P:\Agendas\Resolutions\Resolutions\2004\04-07-19 Uptown Blight Analysis CDC Reso.doc 2 which is organized under each of the four (4) elements or categories of "physical blight" (CRL Section 33031(a)) and the five (5) elements or categories of "economic blight" (CRL Section 33031(b)). The applicable text of the statute is presented in bold-faced type, followed by a summary of the applicable facts contained in the Section 33352 Report. CRL Section 33031(a)(I): "Buildings in which it is unsafe or unhealthy for person to live or work. These conditions can be caused by serious building code violations dilapidation and deterioration, defective design or physical construction, faulty 0 inadequate utilities, or other similar factors." This provision describes one of the "classic" symptoms of blight. The informatio summarized in the Section 33352 Report was assembled from field observation of the exterio areas of buildings and structures visible to Agency staff and consultants from the public street and public right-of-ways in the Project Area. It is believed that interior inspection of th buildings and structures in the Project Area, as well as closer inspections ofthe exterior areas 0 many properties which were not visible from public streets, would likely indicate many more an potentially very serious life and safety related building deficiencies than described in the Sectio 33352 Report. Nevertheless, the Section 3352 Report indicates that 17.9% of the improved parcels 0 land in Subarea A of the Project Area contain buildings which display signs of dilapidation an deterioration, and that 17.1 % of the improved parcels of land in Subarea B of the Project Are contain buildings which display signs of dilapidation and deterioration. [Section 3352 Report B 3 and B-4.] It is noted that these numbers are likely to conceal a number of problems 0 symptoms of blight for the reasons stated above. Elsewhere in the Section 3335A Report, it i noted that the Project Area contains a comparatively large number of vacant parcels of land nearly one fourth (1/4tb) of parcels are vacant [Section 33352 Report B-5]. In an older and full urbanized area of a community such as the Project Area, such a large percentage of vacant 0 unused parcels of land often is an indication of long-standing conditions of blight. This larg number of vacant parcels of land, in an otherwise fully developed urban area, is in large part th result of an effective and sustained effort on the part of the City to enforce building and safe laws [Section 33352 Report B-23]. As buildings have deteriorated in the Project Area, the Ci -5- 3 4 5 6 7 8 9 10 Jl 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 P:\Agendas\Resotutions\Resolutions\2004\04-07 -19 Uptown Blight Analysis CDC Reso.doc 2 3 4 5 6 7 8 9 10 has taken action to compel property owners to respond to such deterioration and life safe dangers. In many, many cases over the past ten (10) years, property owners have elected t demolish such unsafe structures rather than repair them. [See Section 33352 Report B-23: "Fo the five-year period of 1997-98 through 2001-02, code compliance for deterioration dilapidation cases for the Project Area were higher by 6 times the City average."] Thus the unusually high percentage of vacant parcels of land, plus the conditions a observed in the Section 33352 Report relating to the condition of buildings serve to provid confirming evidence that the condition of blight described in CRL Section 33032(a)(I) is presen in the Project Area. [Section 33352 Report B-2 through B-7 and accompanying photographs a B-8 through B-l\.] Furthermore, despite the extensive availability of vacant land to support new constructio in the Project Area, new construction simply has not occurred for a number of interrelate factors. A key among these is the fact that old lots - especially the commercially zoned lots are too small to permit new development under current day planning and zoning standards unless such vacant parcels are first assembled with adjacent. In view of the information set forth in the Section 33352 Report the Commission hereb finds that the condition of blight described in CRL Section 3303l(a)(I) is present in the Projec Area and is a prevalent and substantial condition which causes a reduction and lack ofutilizatio of the Project Area and substantially contributes to a serious physical and economic burden 0 the community which cannot reasonably be expected to be reversed or alleviated by privat enterprise or government action, or both without redevelopment. CRL Section 33031(a)(2): "Factors that prevent or substantially hinder the economically viable use or capacity of buildings or lots. This condition can be caused by a substandard design, inadequate size given present standards and market conditions, lack of parking, or other similar factors." This condition or symptom of blight remains present in the Project Area. The large number of vacant lots in the Project Area - 24% of all legal parcels are vacant in the Project Area comprising approximately 22% of the total acreage of the Project Area - evidences this symptom of blight [Section 33352 Report B-5]. The small size of parcels ofland in the Project 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -6- P:\Agendas\Resolutions\Resolutions\2004\04-07.19 Uptown Blight Analysis CDC Reso.doc 2 Area also contributes to the problem and in particular, prevents the reuse of many parcels on which older buildings have already been demolished because of age and deterioration or economic obsolescence. Small lot size - particularly on community yard properties - 8,000 square feet where the current zoning and development standards require 10,000 square foot commercial lot size minimum standard - prevent economically feasible reuse of property in the Project Area in many, many cases. As stated in the Section 33352 Report, "assessing all the parcels in the Project Area and comparing to the City's minimum lot requirements for each General Plan land use, 70.1 % of the parcels are non-conforming and do not meet the minimum lot requirement". [Section 33352 Report B-18] In view of the information set forth in the Section 33352 Report the Commission hereby finds that the condition of blight described in CRL Section 3303 I (a)(2) is present in the Project Area and is a prevalent and substantial condition which causes a reduction and lack of utilization of the Project Area and substantially contributes to a serious physical and economic burden on the community which cannot reasonably be expected to be reversed or alleviated by private enterprise or government action, or both without redevelopment. CRL Section 33031(a)(3): "Adjacent or nearby uses that are incompatible with each other and which prevent the economic development of those parcels or other portions of the project area." This condition is a symptom of blight and is found in the Project Area. [Section 33352 Report B-15 through B-16 and accompanying photographs.] In addition, this condition is compounded by the fact that the substantial majority of the residential use parcels of land which are mixed in among the commercial use parcels along the main street traffic arterial streets are non-conforming parcels of land. In the case of the "medium density" residential parcels of land which are interspersed among the commercial use parcels (e.g. a residential parcel of land improved with a fourplex situated between two small commercial use parcels improved with "office" type or other nonresidential uses), 82.2% of such "medium density" residential use parcels are non-conforming [Section 33352 Report B-19]. It should also be noted that the total number of residential use parcels in the Project Area is fairly low (125 parcels out of II total of 1,144 parcels) in comparison to the other "general commercial" lindustrial uses of land in the Project Area. And yet the average number of residents per residential use parcel of land is remarkably high (e.g. approximately 2,760 residents in the Project Area [Section 33352 Report 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 -7- P:\Agendas\Resolutions\Resolutions\2004\04-07-19 Uptown Blight Analysis CDC Reso.doc 2 3 B-21 D. This indicates that the average number of residents per residential parcel is approximately 23 persons per parcel. Since the majority of all residential use parcels are non- conforming or substandard in size, the evidence of incompatibility of land uses also serves to provide evidence of the conditions of residential overcrowding which is observed in the Project Area. 4 5 6 In view of the information set forth in the Section 33352 Report the Commission hereby finds that the condition of blight described in CRL Section 3303 I (a)(3) is present in the Project Area and is a prevalent and substantial condition which causes a reduction and lack of utilization of the Project Area and substantially contributes to a serious physical and economic burden on the community which cannot reasonably be expected to be reversed or alleviated by private enterprise or government action, or both without redevelopment. CRL Section 33031(a)(4): "The existence of subdivided lots of irregular form and shape and inadequate size for proper usefulness and development that are in multiple ownership." This condition of blight is also present in the Project Area. The ownership pattern of land in the Project Area is exceedingly diverse and such small ownership pattern indicates that land assembly by private property owners has not occurred. It is likely that given all the other burdens affecting the Project Area, and the comparative ease for commercial businesses and buyers of property to select other less challenged and newer areas of the community for investment, that the assembly of small parcels into larger parcels of developable land in the Project Area is not reasonably likely to occur without redevelopment assistance in one form or another. In view of the information set forth in the Section 33352 Report the Commission hereby finds that the condition of blight described in CRL Section 3303 I (a)(4) is present in the Project Area and is a prevalent and substantial condition which causes a reduction and lack of utilization of the Project Area and substantially contributes to a serious physical and economic burden on the community which cannot reasonably be expected to be reversed or alleviated by private enterprise or government action, or both without redevelopment. CRL Section 33031(b)(1): "Depreciated or stagnant property values or impaired investments, including, but not necessarily limited to, those properties containing 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -8- P:\Agendas\Resolutions\Resolutions\2004\04-07-19 Uptown Blight Analysis CDC Reso.doc 2 hazardous wastes that require the use of agency authority as specified in Article 12.5 (commencing with Section 33459)." This symptom of blight is present in the Project Area. Despite recent news reports and general views about rising real estate investment values in the Inland Empire and in San Bernardino in particular, the Project Area appears to be an area of the community which has not benefited from these generally favorable economic conditions in recent years. In part of fact, since the time when the Project Area was established in 1986 a serious and sustained series of negative economic factors have produced an almost "perfect storm" of adverse economic conditions in the Project Area. The economic down-turn of the late 1980's and early '90s, coupled with the closing of the nearby Santa Fe railway locomotive repair shop facility and the closing of nearby Norton Air Force Base have resulted in a major exodus of commercial business activity from the Project Area since 1986. As is readily apparent in the Section 33352 Report, as well as apparent to an untrained observer who merely takes a drive through the Project Area, virtually no new development or construction activity since 1986, is apparent in the Project Area today. In light of the large number of vacant parcels of land available in the Project Area, this fact is particularly significant and indicative ofthis economic condition of blight. The Section 33352 Report provides a good summary of the available evidence of the existence of stagnant and depreciated property values which serve to illustrate this problem: "In order to examine the economic health of the Project Area, trends in secured property values, which include the land and improvement values, were analyzed for the fiscal years 1998-99 through 2002-03. The Project Area assessed values increased by 1.37% annually during this period. The secured assessed value for the City increased by 1.79% annually from 1998-99 through 2002-03. A more detailed, analysis by San Bernardino County Assessor's Parcel Map Book and Page of the Project Area assessed values revealed that despite the slow growth in the value of the entire Project Area, many blocks actually declined and did not keep pace with the Proposition 13 inflationary adjustment, due to declining market values. The analysis revealed that parcels on 16 map book pages declined in value and in addition to this, parcels on 15 more map book pages did not grow by the Proposition 13 inflationary 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 -9- P:\Agendas\Resolutions\Resolutions\2004\04-07 ~ 19 Uptown Blight Analysis CDC Reso.doc 2 3 adjustment rate of 2%. These 31 pages represent 54% of the total Project Area's blocks." [See Section 33352 Report Table B-6] In view of the information set forth in the Section 33352 Report the Commission hereby finds that the condition of blight described in CRL Section 3303 1 (b)(1) is present in the Project Area and is a prevalent and substantial condition which causes a reduction and lack of utilization of the Project Area and substantially contributes to a serious physical and economic burden on the community which cannot reasonably be expected to be reversed or alleviated by private enterprise or government action, or both without redevelopment. CRL Section 33031(b)(2): "Abnormally high business vacancies, abnormally low lease rates, high turnover rates, abandoned buildings, or excessive vacant lots within an area developed for urban use and served by utilities." This symptom of blight is present in the Project Area. The photographs and the Section 33352 Report portray a number of vacant commercial use structures in the Project Area. The number of vacant and under utilized commercial buildings particularly along Highland Avenue is quite noticeable to the casual observer. In addition, the unusually high percentage of vacant parcels in the Project Area provides evidence that this condition of blight exists. In view of the information set forth in the Section 33352 Report the Commission hereby fmds that the condition of blight described in CRL Section 3303 1 (b)(2) is present in the Project Area and is a prevalent and substantial condition which causes a reduction and lack of utilization of the Project Area and substantially contributes to a serious physical and economic burden on the community which cannot reasonably be expected to be reversed or alleviated by private enterprise or government action, or both without redevelopment. CRL Section 33031(b)(4): "Residential overcrowding or an excess of bars, liquor stores, or other businesses that cater exclusively to adults, that has led to problems of public safety and welfare." This symptom of blight is present in the Project Area. Residential overcrowding is a significant problem and one which is not likely to improve without redevelopment. Although the sustained efforts of City code enforcement have produced very positive results in the Project Area, government action alone cannot remedy the problem in the near term. The investment of private capital is required to address the problem of residential overcrowding. Given the extent of blighting conditions in the Project Area, it is unfortunately not surprising that the investment 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 -10- P:\Agendas\Resolutions\Resolutions\2004\04-G7-19 Uptown Blight Analysis CDC Reso.doc 2 of private capital in the Project Area since 1986 has not made much of an improvement since the time the Project Area was established. This is confirmed by the finding under CRL Section 33032(a)(3), above. Furthermore, the presence of so-called "adult business" activities in the Project Area, such as on Highland Avenue, provides evidence of the persistent and adverse nature of these conditions of blight. [Section 33352 Report B-29 and B-30] In view of the information set forth in the Section 33352 Report the Commission hereby finds that the condition of blight described in CRL Section 33031(b)(4) is present in the Project Area and is a prevalent and substantial condition which causes a reduction and lack of utilization of the Project Area and substantially contributes to a serious physical and economic burden on the community which cannot reasonably be expected to be reversed or alleviated by private enterprise or government action, or both without redevelopment. CRL Section 33031(b)(5): "A high crime rate that constitutes a serious threat to the public safety and welfare." This symptom of blight is present in the Project Area. [Section 33352 Report B-26 through B-30.] In view of the information set forth in the Section 33352 Report the Commission hereby fmds that the condition of blight described in CRL Section 33031(b)(5) is present in the Project Area and is a prevalent and substantial condition which causes a reduction and lack of utilization of the Project Area and substantially contributes to a serious physical and economic burden on the community which cannot reasonably be expected to be reversed or alleviated by private enterprise or government action, or both without redevelopment. (b) In view of the information set forth in the Section 33352 Report the Commission hereby finds that the conditions of blight described in CRL Section 33031 are present in the Project Area and that these conditions are prevalent and substantial conditions which cause a reduction and lack of utilization of the Project Area and substantially contribute to a serious physical and economic burden on the community which cannot reasonably be expected to be reversed or alleviated by private enterprise or government action, or both without redevelopment. (c) The Commission hereby further fmds that the 2004 Amendment to the Redevelopment Plan shall assist the Agency to correct and eliminate the spread of blight in the Project Area by means of assisting owner participants and third party developers under the terms 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 -11- P:\Agendas\Resolutions\Resolutions\2004\04-07.19 Uptown Blight Analysis CDC Reso.doc 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 of specific redevelopment agreements and covenants acceptable to the Agency to consolidate parcels, eliminate obsolete or blighted structures or conditions on commercial use property and preserve and create new employment and private capital investment in the Project Area. Section 5. The Commission hereby acknowledges its receipt and approval of the 33352 Report. The Commission hereby requests the Common Council to consider and approve the 33352 Report in the form as submitted at the joint public hearing for the adoption of the 2004 Amendment to the Redevelopment Plan. Section 6. The Commission hereby approves and adopts the 2004 Amendment, a copy of which is on file with the Agency Secretary, and which 2004 Amendment is incorporated herein by this reference, and the Commission designates the Redevelopment Plan, as amended by the 2004 Amendment (hereinafter, the "Amended Redevelopment Plan") as the official redevelopment plan for the Uptown Redevelopment Project subject to the adoption of an appropriate Ordinance of the Common Council which approves and adopts the 2004 Amendment and the Amended Redevelopment Plan. Section 7. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Resolution, 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 Resolution. The Commission hereby declares that it would have adopted this Resolution and each, section subdivision, sentence, clause, phrase, or portion of this Resolution, irrespective of the fact that one or more sections, subdivisions, sentences, clauses, phrases, or portions of this Resolution be declared invalid for any reason. Section 8. This Resolution shall take effect upon adoption. The Agency Secretary shall certify the adoption of this Resolution. 11/ 11/ 11/ 11/ 11/ -12- P:\Agendas\ResoJutions\Resolutions\2004\04-07-19 Uptown Blight Analysis CDC Reso.doc 2 3 4 5 6 7 8 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 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the meeting 9 Community Development Commission of the City of San Bernardino at a , 2004, by the following vote, to wit: 10 thereof, held on the 11 12 Commission Members 13 ESTRADA 14 LONGVILLE 15 MCGINNIS 16 DERRY 17 KELLEY 18 JOHNSON 19 MC CAMMACK 20 21 day of AYES NAYS ABSTAIN ABSENT . Secretary 23 22 The foregoing resolution is hereby approved this 24 25 day of ,2004. Judith Valles, Chairperson Community Development Commission of the City of San Bernardino 26 Approved a t Form and Legal Content: 27 By: 28 P:\Agendas\Resolutions\Resolutions\2004\04-07-19 Uptown Blight Analysis CDC Reso.doc -13- Clark Ra ~ From:' Sent: To: Subject: JENNIFER MANCEBO [MANCEBO@lbbslaw.com] Monday, July 19, 200412:28 PM Ross_Va; TIM Sabo; Clark_Ra; gvosdel@sbrda.org; Pacheco_Ma; mtrout@sbrda.org Monday Morning Revised Joint Public Hearing Script !lJ Shortened Public Hearing Scrip... Attached is the Monday morning edition of the Joint Public Hearing Script. It includes a number of reV1S1ons suggested by Valerie Ross as well as Maggie Pacheco. In addition, as presently drafted if there is an objection to either Redevelopment Plan Amendment, then all action of the Commission and the Common Council will be continued to another meeting date at which time the written response to objections will be considered. If there is an objection the enclosed draft does NOT contemplated that the Mayor and Common Council will certify the Program EIR and adopt the General Plan Amendment No. 04- 02. Everything will simply be continued to the City Council Agenda at which the written response to objections can be submitted. (Likely the meeting of August 16, 2004) As revised, the script effectively ends on page 14 after the Commission and Common Council have returned from a brief recess at the conclusion of public testimony (See page 11 of revised script) . If you have any comments please contact me. I will be in Maggie Pacheco's office as of 2:00 pm this afternoon. David F. Gondek Jennifer Mancebo Lewis Brisbois Bisgaard & Smith LLP 650 East Hospitality Lane Suite 600 San Bernardino, CA 92408 (909) 387-1130 Fax (909) 387-1138 It])O 1 , PUBLIC HEARING SCRIPT GENERAL PLAN AMENDMENT NO. 04-02 PROGRAM ENVIRONMENTAL IMPACT REPORT AND AMENDMENT TO THE REDEVELOPMENT PLANS FOR THE UPTOWN AND CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREAS Date of Public Hearings: July 19, 2004 GENERAL PLAN AMENDMENT NO. 04-02, FINAL PROGRAM ENVIRONMENTAL IMPACT REPORT CERTIFICATION AND AMENDMENTS TO EXTEND EMINENT DOMAIN POWER ON ALL PROPERTY IN THE UPTOWN AND CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREAS Subject: [CALL TO ORDER] Mayor: 'We will now move on the first of three (3) public hearings on the amendments to the Uptown Redevelopment Plan and the Central City North Redevelopment Plan and General Plan Amendment No. 04-02 and the Program EIR for these." "These three (3) public hearings are identified on our posted agenda for this meeting as Agenda Item No. 30 and Agenda Item No. R-31 and Agenda Item No. R-32. "The Common Council does not generally have three (3) separate but interrelated public hearings on redevelopment plan amendments on our agenda, so I believe that Mr. Gary Van Osdel, our Redevelopment Agency Executive Director should say a few words about the public hearings we will be considering this afternoon." Gary Van Osdel: "These three (3) public hearings all relate to redevelopment matters. This afternoon the Community Development Commission and the Common Council will consider a redevelopment plan amendment to reinstate condemnation powers of the Agency for one of the oldest redevelopment plans - Central City North Redevelopment Project (1973) as well to reinstate condemnation powers for one of the newer redevelopment projects - the Uptown 4812-7078-2976.1 7119/04 Page 1 Redevelopment Project (1986). There is also a Project Environmental Impact Report and General Plan Amendment which goes along with these redevelopment plan amendments." Gary Van Osdel: "Notices for these public hearings were sent by mail to property owners, businesses and residents in the Uptown Redevelopment Project and the Central City North Redevelopment Project, about one month ago. Some of the folks here this afternoon have received mailed notice of the proposed amendment to the Uptown Redevelopment Project and Final Program EIR certification, and other folks have received mailed notice of the proposed amendment to the Central City North Redevelopment Project and Final Program EIR. And finally - a small number of people here this afternoon may also have received mailed notice within the last two weeks or so of the public hearing for the General Plan Amendment which affects a small portion of the Uptown Redevelopment Project Area or Subarea B as we call it." "Redevelopment is an important program for our City and it provides means for our community to improve property values and our quality of life. All three (3) of the pUblic hearings relate to redevelopment. " Mayor: "I hereby declare open the first of our three (3) related public hearings this afternoon. This is now the time and place for the Mayor and Common Council to consider proposed General Plan Amendment No. 04-02 and the Final Program EIR for the Uptown and Central City North Redevelopment Project Amendments." Mayor: "Now is also the time and place and I hereby declare open the joint public hearing of the Mayor and Common Council and the Community Development Commission (this is joint publiC hearing Agenda Item No. R-31) to consider the Amendment to the Redevelopment Plan for the Uptown Redevelopment Project and an ordinance adopting the Amendment, and related matters and the Program EIR." Mayor: "For the purpose of the joint public hearing to be conducted by the Common Council and the Commission, as mayor of the City of San Bernardino, I will chair this joint public hearing." Mayor: 'Will the City Clerk please call the roll for the Commission Members and the Common Council Members meeting in joint public hearing session?" City Clerk: [Roll call for Common Council] 4812-7078-2976.1 7119/04 Page 2 [Roll call for Commission] Mayor: "Now is also the time and place for our third related public hearing and I hereby declare open the joint pUblic hearing of the Mayor and Common Council and the Community Development Commission to consider the Amendment to the Redevelopment Plan for the Central City North Redevelopment Project, an ordinance adopting the Amendment, and related matters." Mayor: 'Will the City Clerk also note on the record that the roll call for this Agenda Item No. R-32 joint pUblic hearing Common Council and the Commission is the same as for joint public hearing Agency item No. R-31?" City Clerk: "I will so note on the minutes." Mayor: "Mr. Van Osdel, could you please give us a brief overview of the matters you believe will be covered in these three public hearings?" Gary Van Osdel: "As the Mayor has indicated there are three public hearings and a Program Environmental Impact Report (the "Program EIR") has been prepared which covers each of the public hearings. Except for potential acquisition of land in the Uptown Project Subarea B for the Mercado Santa Fe Project - the Redevelopment Agency has no plans or is aware of any potential or specific redevelopment activities where private property may be acquired with Redevelopment Agency assistance. The Program EIR considers the potential environmental effects of: . the proposed General Plan Amendment No. 04-02 which is the first public hearing - Ms. Valerie Ross the Deputy Director/City Planner will be the lead person for this staff presentation. The General Plan amendment affects the area just to the west of the 215 Freeway and to the north of 2nd Street - about 20 acres. This area is inside the Uptown Redevelopment Project. The General Plan Amendment changes the industrial land use designation for this area to commercial - Also as part of this first public hearing City staff will present some of the details about the proposed Mercado Santa Fe Project which takes in the land where the El Tigre Market is now located; . the second public hearing is Common Council Agenda item No. R-31 - this is a joint public hearing of the Common Council with the Community Development Commission 4812-7078-2976.1 7/19/04 Page 3 relating to the Uptown Redevelopment Project and the reinstatement of the eminent domain powers of the Redevelopment Agency in the Uptown Project for the next twelve (12) years; . the third public hearing is Common Council Agenda Items No. R-32 - it is also a joint public hearing by the Common Council with the Community Development Commission relating to the reinstatement of the eminent domain powers of the Redevelopment Agency in the Central City North Redevelopment Project for the next nine (9) years." Gary Van Osdel: "After all three (3) of these public hearings are completed then the Common Council and the Commission will consider taking formal action on these public hearings as appropriate. rFPPC/FAIR POLITICAL REFORM ACT POTENTIAL CONFLICT ISSUESl Mayor: "Before we get into the substance of any of these public hearings I think it is appropriate to ask my colleagues if any of them own property or have any economic interest in these redevelopment projects which they think may be significantly affected by the General Plan Amendment or the Redevelopment Plan amendments. If so, I request that the Council Member please state for the record what that interest is and whether the Council member believes that such an economic interest may disqualify them from participating in our public hearings today." Common Council Member: [Each Common Council member indicates whether he/she may have a conflicts disclosure issue, as applicable] Mayor: "Thank you." Mayor: "If any member of the public wants to speak to any of these matters, please get one of our speaker cards and fill it out and hand it to one of our City Clerk's assistants here at the front of the Council Chambers - that way when the time comes after the City and Agency staff reports, the Commission and the Common Council will consider your comments, and I will call your name and you can come up here to the podium and give us your comments." Mayor: "Please write on your speaker card whether you want to speak on public hearing Number 30 (the General Plan/Program EIR) or public hearing Number R-31 (Uptown Redevelopment Plan Amendment) or public hearing Number R-32 (Central City North)." 4812-7078-2976.1 7/19/04 Page 4 Mayor: Mayor: City Clerk: Mayor: Mayor: Mayor: Valerie Ross: Valerie Ross: Mayor: Common Council Members: 4812-7078-2976.1 7119/04 "If you are not sure which public hearing you want to speak about - that is o.k. just write the words "Redevelopment - Not Sure Which Project Area" on your speaker card and staff can determine the item for you." "If you think you are going to want to speak on any of these three (3) public hearings and the Program EIR please stand-up at this time and the City Clerk can administer the oath to you regarding the truthfulness of the testimony you may want to give this afternoon." [Administration of oath for all three (3) public hearings] "Thank you." "Now if you have a statement in writing which you want to present to the City or the Redevelopment Agency this afternoon regarding any of the three (3) public hearings, please hand that written statement to the City Clerk at this time so that your written statement can be included in our records." "Our first public hearing is for proposed General Plan Amendment No. 04-02 and the certification of the Program EIR. Before we actually consider public testimony for this public hearing we will receive a staff report from Valerie Ross, Deputy Director/City Planner - Ms. Ross." "Thank you. Before I get into my report on the General Plan Amendment and the Program EIR, please allow me to point out that we have a number of maps and drawings here. There is a large map of the Uptown Redevelopment Project Area boundaries and a large map which shows the Central City North Redevelopment Project boundaries. Also, we have a large map which shows the area which is affected by General Plan Amendment No. 04-02. Finally, I have a site plan and some conceptual drawings here in the front of Council Chambers which show the Mercado Santa Fe project. [Additional Presentation by Valerie Ross of Staff Report on General Plan Amendment, TIA and Program EIR] ''Thank you: are there any questions for City staff at this time?" [Questions from Council members] Page 5 Valerie Ross: [Responses to questions from Common Council Members] Mayor: 'Will our Economic Development Agency Executive Director, Gary Van Osdel please provide the staff presentation for the Uptown Redevelopment Plan Amendment and the Central City North Redevelopment Plan Amendment." Gary Van Osdel: [Gary Van Osdel Presents Uptown Materials]: [Subtopic No.1 - Uptown Materials and Binder]: There is a large 3-ring binder of written materials which each member has received - This binder contains 12 tabs - and different materials are under each tab. For example, Tab No.1 is the Staff Report and Tab No.3 is the Section 33352 Report to the Common Council. V' Written staff report (Tab NO.1 of Binder); V' Summary of the background and reasons for the Amendment to the Redevelopment Plan for the Uptown Project Area; V' [Mike Trout] Summary of notices and mailing dates issued by Agency for Uptown; V' Summary of Project Area Committee process; [Subtopic No.2 Central City North Materials and Binder]: There is also a large 3-ring binder of materials for Central City north Plan Amendment. It also includes 12 tabs - Tab No.1 is the Staff Report and Tab No.3 is the Section 33352 Report. V' Written staff report (Tab No.1 of Binder); V' Summary of the background and reasons for the Amendment to the Redevelopment Plan for the Uptown Project Area; V' [Mike Trout] Summary of notices and mailing dates issued by Agency for Uptown; Summary of Project Area Committee process; Don Gee: [Presents the Section 33352 Reports to Mayor and Common Council. (Tab No.3 of Binder for Uptown also Tab NO.3 of Binder for Central City North)] 4812-7078-2976.1 7119/04 Page 6 Gary Van Osdel: Mayor: Common Council Members: Agency staff: City Attorney/ Agency Special Counsel: Mayor: 4812-7078-2976.1 7/19104 "Mayor - we believe there has been very thorough documentation presented in the Agenda materials - the Section 33352 Reports for each project - which confirm that blight still exists in both of these project areas and that the reinstatement of the Agency's powers of eminent domain will be an important and effective tool to help the Agency eliminate blight." "Do any members of the Commission and the Common Council have any questions at this time for the Agency staff or the consultant?" [Specific questions are presented to Agency staff] [Responds to specific questions of Commission/Common Council] "I request introduction of the following documents in evidence for joint public hearing R-31." ,/ the affidavit of The Sun newspaper regarding the publication of the notice of joint public hearing for the Uptown Redevelopment Plan Amendment - EXHIBIT 2-1; ,/ the affidavit of Michael Trout of mailing of notice of joint public hearing to property owners and to occupants for the joint public hearing for the Uptown Redevelopment Plan Amendment - EXHIBIT 2-2; ,/ the 3-ring black binder of documents for the Uptown Redevelopment Plan Amendment which contains documents identified under each of the 12 tabs in the index, including the text of the Staff Report at Tab No.1, the Section 33352 Report at Tab No. 3 and the text of the Redevelopment Plan Amendment at Tab NO.4 - EXHIBIT 2-3; ,/ the CD ROM identified by the expert witness and redevelopment consultant to the Agency, Mr. Don Gee, containing the property condition survey data for the Uptown Redevelopment Project Area on which the Section 33352 Report is based - EXHIBIT 2-4. "If there are no objections, Exhibits 2-1, 2-2, 2-3, and 2-4 are accepted in evidence." Page 7 City Attorney! Agency Special Counsel: Mayor: City Attorney! Agency Special Counsel: City Clerk: 4812-7078-2976.1 7f19/04 "I request introduction of the following documents in evidence as relates to the Central City North Redevelopment Plan amendment and joint public hearing R-32." v' the affidavit of The Sun newspaper regarding the publication of the notice of joint public hearing for the Central City North Redevelopment Plan Amendment - EXHIBIT 3-1; v' the affidavit of Michael Trout of mailing of notice of joint public hearing to property owners and to occupants for the joint public hearing for the Central City North Redevelopment Plan Amendment - EXHIBIT 3-2; v' the 3-ring black binder of documents for the Central City North Redevelopment Plan Amendment which contains documents identified under each of the 12 tabs in the index, including the text of the Staff Report at Tab No.1, the Section 33352 Report at Tab No. 3 and the text of the Redevelopment Plan Amendment at Tab No.4 - EXHIBIT 3-3; v' the CD ROM identified by the expert witness and redevelopment consultant to the Agency, Mr. Don Gee, containing the property condition survey data for the Central City North Redevelopment Project Area on which the Section 33352 Report is based - EXHIBIT 3-4. "If there are no objections, Exhibits 3-1, 3-2, 3-3, and 3-4 are accepted in evidence." "I will now ask the City Clerk to enter into the record at this joint public hearing any written objection concerning the Uptown Amendment that has been received by the City Clerk up to now." [Describes by author and date each letter or statement and states that the same was distributed to each member of the Common Council. (If letters are received that have not previously been distributed to the Common Council members, or distributed to Common Council members at the meeting, these letters should be read into the record. If no written objections are received, Clerk should state that none have been received)] Page 8 Mayor: "I will now ask the City Clerk to enter into the record at this joint public hearing any written objection concerning the Central City North Amendment that have been received by the City Clerk up to now.1I City Clerk: [Describes by author and date each letter or statement and states that the same was distributed to each member of the Common Council. (If letters are received that have not previously been distributed to the Common Council members, or distributed to Council members at the meeting, these letters should be read into the record. If no written objections are received, Clerk should state that none have been received)] Gary Van Osdel: "Mayor, I would like to address the process for these public hearings relating to the Uptown Redevelopment Project and the Central City North Redevelopment Project. The process was started over two (2) years ago by the City and the Redevelopment Agency. Since that time the staff of the Redevelopment Agency have sent numerous notices by mail to property owners, residents and businesses in the Uptown Redevelopment Project Area and in the Central City North Redevelopment Project Area. Notices of public meetings have also been published several times in the newspaper. Last year property owners and residents and business representatives held elections for the selection of Project Area Committee Members for the Uptown Redevelopment Project. In 2004 a Project Area Committee for Central City North was formed." Mayor: "I believe that some members from the Uptown Project Area Committee and the Central City North Project Area Committee are here with us this afternoon is that correct Mr. Van Osdel? I would like them to stand up at this time and be recognized." Mayor: "On behalf of my colleagues on the Common Council, I want to thank each of you for your service to the community. Your work on the Project Area Committee will help our community to keep our momentum going on improving our neighborhoods and espeCially improving the Uptown Redevelopment Project and the Central City North Redevelopment Project. Thank you." Mayor: "Thank you - now it is time to actually begin the public testimony for all three of our public hearings: Common Council public hearing No. 30, Commission and Common Council public hearing No. R-31 and Commission and Common Council public hearing No. R-32: Mayor: I have some speaker cards - I will call some names and if those persons can come up and sit here in front and then you can give us 4812-7078-2976.1 7/19/04 Page 9 your comments while you stand at the podium in the order that I call your name." Mayor: [Mayor calls 3 names] Mayor: "Please give your name and address and the address of the property you own or which you have questions about when you speak. We have a stenographer who is transcribing our public hearing testimony today - so try to speak clearly and directly into the microphone - Also tell us whether you support or oppose either one of the Redevelopment Plan amendments which are of interest to you and whether you support or oppose the General Plan Amendment." Mayor: "Please also direct your testimony and any question you have to me. That way I can instruct the appropriate City or Agency staff person to respond." Mayor: "There are many people who may want to speak today and so we will wait to answer specific questions until after we have received your comments and the comments of other interested folks before to try to answer them. Please also bear in mind that your testimony should be relevant to the matter we are considering here today." Mayor: [Mayor Calls Speaker No.1 to give testimony] Speaker No.1 testimony Mayor: [Mayor Calls Speaker NO.2 to give testimony] Speaker NO.2 testimony Mayor: [Mayor Calls Speaker No. 3 and Mayor also reads 3 more names and asks those persons to walk down to the front and wait to be called for the time at the podium] Mayor: Speaker No.3 testimony, ETC, ETC, ETC. "I believe that is may last speaker card for these three (3) public hearings - Did I miss anyone? Is there anyone whose name I did not call who wants to speak on this matter?" [other persons??] Mayor: "Alright, I believe that is all the testimony for the moment" - 4812-7078-2976.1 7/19/04 Page 10 Mayor: "At this time are there any questions for the City staff or Agency staff from the Commission and Council Members?" Council Members: [Questions from Commission and Council Members to City staff and Agency staff] City staff: [City staff response to questions from Commission and Council Members] Agency staff: [Agency staff response to questions from Commission and Council Members] Mayor: "Let us take a recess from all three (3) of these public hearings." Mayor: "Do I hear a motion of the Common Council and the Commission to recess all three (3) of these public hearings Agenda Item 30 and R- 31 and R-32 for 10 minutes?" Council Member: [I make a motion to so recess] Council Member: [I second that motion] Mayor: "I have a motion and second - any discussion?/any objection? Seeing none I order Common Council and the Commission public hearings recessed for 10 minutes." [RECESS FOR ALL THREE PUBLIC HEARINGSl Mayor: "Thank you, we are returned in session for our three (3) public hearings this afternoon on the General Plan Amendment, Traffic Impact Analysis Report the Program EIR, the Uptown Redevelopment Plan amendment and the amendment to the Central City North Plan. Will staff please give us a report on how you recommend that we respond to comments that we have heard earlier this afternoon relating to the Redevelopment Plan amendments." Valerie Ross: [Summary response to comments] Gary Van Osdel: [Summary response to comments] Mayor: "Thank you for those reports. Based on that I believe that it is appropriate for us to close these joint public hearings. Do I hear a motion of the Common Council and Commission to close the joint public hearing Agenda Item No. R-31 and R-32 (Uptown Redevelopment Plan Amendment)?" 4812-7078-2976.1 7/19/04 Page 11 Commission Member: "I move that the Common Council and the Commission close these joint public hearings R-31 and R-32." Commission Member: "I second the motion." Mayor: "There is a motion and a second - hearing no objection the joint public hearings of the Common Council and Commission are closed - these are is Agenda Items No. R-31 and R-32." Mayor: "Do I hear a motion for the Common Council to close the pUblic hearing on the Program EIR, the Traffic Impact Analysis Report, the Mitigation Monitoring Plan, the Statement of Overriding Considerations and the approval of General Plan Amendment No. 04-02?" Common Council Member: "I move that Common Council joint public hearing No. 30 be closed: Common Council Member: "I second the motion." Mayor: "There is a motion and second - hearing no objection this public hearing Agency Item No. 30 of the Common Council is closed." rg..OSE PUBLIC HEARING ON GENERAL PLAN AMENDMENT NO. 04-021 rEND OF ALL PUBLIC HEARINGS1 [Discussion and action on implementing actions relating to all three public hearings including adopting resolutions and ordinances as applicable Please note that if objections are received on the proposed Uptown Plan Amendment and/or the proposed Central City North Plan Amendment then the Commission may take no action relating to any of the Commission resolutions described below and the Common Council may take no action on the resolution certifying the Program EIR and General Plan Amendment No. 04-02 or either of the two ordinances described below] 4812-7078-2976.1 7/19104 Page 12 IF WRITTEN AND/OR ORAL OBJECTIONS ARE RECEIVED FOR THE UPTOWN AMENDMENT: Mayor: City Attorney/ Agency Special Counsel: Mayor: Mayor: "Now I believe we need to consider taking action on the Uptown Redevelopment Plan Amendment. Mr. Van Osdel or one of our lawyers what do you believe is indicated at this time?" 'We have received certain written materials which could constitute objections to the adoption of the amendment to the Uptown Redevelopment Plan. Pursuant to Sections 33363 and 33364 of the California Community Redevelopment Law, where such written objections are received, the Common Council is required to respond in writing before proceeding to consider adoption of the Plan Amendment. In light of this requirement, I would request that the Council/Commission schedule consideration of the receipt of written responses to objections at the meeting of the Council/Commission on August _, 2004," "Are there any questions by members of the Council/Commission?" [Questions by members of the Council/Commission, if any.] "If there is no objection, this matter will be presented to the Commission and the Common Council at the August _' 2004 meeting for consideration by the Council/Commission when final consideration will be given to responses to the objections to the Uptown Amendment submitted prior to or at the joint public hearing." IF WRITTEN AND/OR ORAL OBJECTIONS ARE RECEIVED FOR THE CENTRAL CITY NORTH AMENDMENT: Mayor: City Attorney/ Agency Special Counsel: 4812-7078-2976.1 7/19/04 "Now I believe we need to consider taking action on the Central City North Redevelopment Plan Amendment. Mr. Van Osdel or one of our lawyers what do you believe is indicated at this time?" 'We have received certain written materials which could constitute objections to the adoption of the Central City North amendment to the Redevelopment Plan. Pursuant to Sections 33363 and 33364 of the California Community Redevelopment Law, where such written objections are received, the Common Council is required to respond in writing before proceeding to consider adoption of the Page 13 Plan amendment. In light of this requirement, I would request that the Council/Commission schedule consideration of the receipt of written responses to objections at the meeting of the Council/Commission on August _' 2004." Mayor: "Are there any questions by members of the Council/Commission?" [Questions by members of the Council/Commission, if any.] Mayor: "If there is no objection, the matter will be return to us at the August _, 2004 Council/Commission meeting and consideration will be given to responses to the objections to the Central City North Redevelopment Plan Amendment submitted prior to or at the joint public hearing." [CONTINUE ACTION ON CERTIFICATION OF PROGRAM ErR AND GENERAL PLAN AMENDMENT NO. 04-02] Mayor: "Now that we have taken care of the two (2) redevelopment plan amendments we should consider the Program EIR and the General Plan Amendment. Ms. Ross what do you suggest?" Valerie Ross: "Since the Commission and the Common Council cannot take final action of either of the Redevelopment Plan Amendments until after the written responses to objection are prepared and submitted for your considerations, I recommend that the Common Council continue its final consideration of certification of the Final Program EIR, the TIA, the Mitigation Monitoring Plan and the Statement of Overriding Considerations as well as the General Plan Amendment No. 04-02 until August _' 2004, and after you have considered those written responses to objections." Mayor: "If there is no objection, this matter involving the certification of the Final Program EIR and the approval of General Plan Amendment No. 04-02 will be continued until August _, 2004." [END OF SCRIPT WHERE OBJECTIONS HAVE BEEN SUBMITTED TO EITHER REDEVELOPMENT PLAN AMENDMENTl 4812-7078-2976.1 7/19/04 Page 14 [IF THERE ARE NO OBJECTIONS TO EITHER REDEVELOPMENT PLAN AMENDMENT - THEN THE FOLLOWING MAY BE CONSIDEREDl Mayor: "The next business item on our Common Council agenda is to consider the adoption of the resolution certifying the Final Program EIR, approving the Transportation Impact Analysis Report, approving the Mitigation Monitoring Plan and adopting a Statement of Overriding Considerations for the Redevelopment Plan Amendments and the General Plan Amendment." Mayor: "Is there any discussion about this proposed action?" Common Council Member: [Discussion, if any] Mayor: "Do I hear a motion to adopt the resolution?" Common Council Member: "I move that the following resolution be adopted: "RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING THE FACTS, FINDINGS AND STATEMENTS OF OVERRIDING CONSIDERATION, CERTIFYING THE PROGRAM ENVIRONMENTAL IMPACT REPORT, ADOPTING THE MITIGATION MONITORING PLAN FOR THE REINSTATEMENT OF EMINENT DOMAIN IN THE UPTOWN AND CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA PLANS AND OTHER ENTITLEMENT ACTIONS, CERTIFYING THE TRAFFIC IMPACT ANALYSIS REPORT AND ADOPTING GENERAL PLAN AMENDMENT NO. 04-02" Common Council Member: "I second the motion." Mayor: "I have a motion and a second and if there is no further discussion I believe that the Common Council should vote on this resolution," IF NO WRITTEN AND/OR ORAL OBJECTION IS RECEIVED REGARDING UPTOWN: Mayor: "Since there is no objection to the Uptown Redevelopment Plan amendment the Community Development Commission will now act on the following resolution entitled:" 4812-7078-2976.1 71t9f04 Page 15 "RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AS A RESPONSIBLE AGENCY UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS, AND MAKING FINDINGS THAT A FINAL PROGRAM ENVIRONMENTAL IMPACT REPORT, AND THE MITIGATION MONITORING PLAN FOR THE REINSTATEMENT OF EMINENT DOMAIN POWERS IN THE REDEVELOPMENT PROJECT AREAS OF THE UPTOWN REDEVELOPMENT PROJECT AND THE CENTRAL CITY NORTH REDEVELOPMENT PROJECT FULLY AND ADEQUATELY ADDRESS THE POTENTIAL ENVIRONMENTAL EFFECTS OF THE APPROVAL BY THE COMMISSION OF SUCH REDEVELOPMENT PLAN AMENDMENTS." Mayor: "Is there a motion or further discussion on this Commission resolution?" [COMMISSION VOTE ON AGENCY CEQA RESOLUTION] Mayor: "The Community Development Commission can now act on the following resolution entitled:" "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" [COMMISSION VOTE ON AGENCY BLIGHT FINDING RESOLUTION] Mayor: "The Mayor and Common Council will now act on the following ordinance entitled:" "AN 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" 4812-7078-2976.1 7/19/04 Page 16 Mayor: Mayor: Mayor: "Is there a motion or further discussion?" [ COMMON COUNCIL ACTION] "The Common Council will now introduce and conduct first reading (by title only): "AN 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" "Is there a motion or further discussion?" IF NO WRITTEN OR ORAL OBJECTION IS RECEIVED REGARDING CENTRAL CITY NORTH: Mayor: Mayor: Mayor: 4812-7078-2976.1 7/19/04 "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 CENTRAL CITY NORTH 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 CENTRAL CITY NORTH REDEVELOPMENT PROJECT AND APPROVING THE 2004 EMINENT DOMAIN AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE CENTRAL CITY NORTH REDEVELOPMENT PROJECT" "Is there a motion or further discussion on this Commission resolution?" [COMMISSION ACTION ON BLIGHT FINDINGS RESOLUTION FOR CENTRAL CITY NORTH] "The Common Council will now act on the following ordinance entitled:" "AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ADOPTING THE 2004 AMENDED AND RESTATED REDEVELOPMENT PLAN FOR THE CENTRAL CITY NORTH REDEVELOPMENT PROJECT" "Is there a motion or further discussion?" Page 17 . Mayor: fEND OF SCRIPTl 4812-7078-2976.1 7/19/04 [COMMON COUNCIL ACTION] "The Common Council will now introduce and conduct first reading (by title only)." "AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ADOPTING THE 2004 AMENDED AND RESTATED REDEVELOPMENT PLAN FOR THE CENTRAL CITY NORTH REDEVELOPMENT PROJECT" Page 18 THE SUN ltOT1CeOFJ,*,PUBUCHURlNGOfTH~IIAYQR ANDCOlIIIIQNCOUMCllAND1M!COMWtirYOMlJ)Plll!NJ . COWil6SIOHOFntEClT'fOf&.UI1EllNo\RDlNO PROPOSED_AMeNllM!Nf1'OlH!II2llEVELOPI!tIT P\.AMFOAlMEtII'TO'MlIlEDMLOl'IIENTPIIllJECT "'"'C~lIOtIOFAl'IlALEN\'llIONIIl!Nf'AL1lIPACT AEPO!ITFORlllEUPTOWNIIEtlE'i!UI'llEI!RQ.IECTARE4 ANllTHECENTRAl.Clf'fHOllTllREOEVEl.OPIlENTPROJEC'fAllEA ,~ElS==:=:oI~~~s.r:r~)=~~: .~('Ageocy"lll'lconducl.joIltpUlli:lheame""t.IonlII\\JiAtll1.2CI)l."4:OOP.m.,or"-'lhnaIlor.rn<<tbopractlc:ll,1Il t~'~~I~ChInt>oJ$,ClIyo/Saf\~,300NMh'O'Strtel.SM~.CA92401. g;rr:"~1 u.. pilI.puliII;.......... wtt'be to concIder 11) 1ho ceni'lcation d ~'1NI ~ lmpIcl AIfIO/IIor IN Uplgwn PnljeelArtllIl'ld,lhoc.Mml()ytlDrlh~PrQjeclArM'lh~ProjKlElR'I~lO"CIlIIonOI ,~'QudlyM.l'CEQ,I,1:II'Id(llltl"lIllI>fIMIIIofl'~2004~IO,....~~!at..iJI*lWn ~Prejodr~l. I' . I' PrajldLaIo'" Th.llIdewIopmen1proj<<:ta..ao/l"UjII_Rodevtlopm8nlI'ProjoclN"'llnc:Udeo~433iloraalllnd WtiI'''Ciyols.n8trrlafllno.Ca_ThiP,,,j<<:tAruCllllllllso/lwO(2)ncr.c:001IgI.Il._:(1)~&bartaAil:~ :l49,_,ln~and\l6fll/ltJrdJdesf1lloorrmerciallyrrO~mal:lnQ.""""oI~!N<<lJllIIIllllalllntSlrl8l"" lho~215F""""'0I1"WI"IOWJIe""""....'...eon..._.lOIdUplownSubuuA""'iIcWn...~tndmiuod\lll MARGART PARKER ==::,::~;:S:'il:=E~'::'~~ocolhso.:==:s::.~~==~ ECONOMIC DEVELOPMENT AGEl ::==-.~~Ls::~=~~=~:~~~~"~ 201 NORTH EST . SAN BERNARDINO, CA 92401 ~~'%~..oc:I=~d&U1;:"4:::~e.m::=;:=:=~;= .....iI;..,"Mlh1lle1qlt'qar<l.copymaYbo_d,byl"'lil11....mdilf/1lClllall'lCo;:ooI!rotnll>t~olkeIlII201N/l!tl?StrHt, SW30\,San8emlrdino, CdIom1a924tl1 ll\JIYlg..gula'b\I&lnlOI_ 399 North . D~Slreel San Bemardino, CA 92401 (909) 397-3986 (2015.S C.C.P.) o-rtpUonlllPr"""""Actlo"':TheProloctAlal""'*'"."'di$pIoy.~drymplOlM.d~, Tha,\,gency<lUl'ltllt1hatlhfpowtr ..!"l'd\MlpropoI1yilIhaPllljoctAlalillllppcil1d~ilI""..,.'""l'on.nagoIIladba4.The.......,.oIlha~lO,.. ~domail""""lo~pioparIy.-arvlorhthilaliDnol\ll91ln..ProjactAlalllpNOhl- ThalllOllOlllldan PUBLICATIO. ~....Ihe~~IhI.~oIlha~.'"""'dDrIlaiIpowtfllilIhlProjld.""'IO.......propar1ylor ~~puIpOIIS..,.toI~lIylhl~llI.._"')lol~,lorlldlpl\'lJlllty."~1hr ~wiI...........~.pcll'ilf1Oat:qLinlptqllllyby-w.oI........dornIilil....PrIljod_Ior..,lldiIlonaIt2)W1 ~Joii~6), ~ollhlpaMllot."inInldorNiolor1haAgancyta~.propar\l'.MlIlOI~toIPr1ljodAfll boundliInOl.......lypaSol~actMl\IIorpo,tlli;~wl\IdlN~m..,..,.....OIhnoa.ThaComlliled PIOjldElR~......ot1tla~~tllocton1ha~I....~.appltHICI,ThaCOlrlblnadProjlc:lEIA UoliclAla,lPIdficmiligl!ion_.mcIIfinpllnleillldwlrN.>alearlail~.,...lIllactIlOllMlwhlch.lMIllIIn ~HowIvIr.1haComt*\lClPrlljldEIAdoIIilcIiI;Itt'tIIlcalllilpclrillly"'"""......~blUy~I/fMldld.and ....~Ihort_<OI\SlIUCIiOfl.CJlIII1rnpac1S,long\emlmcda_airquallly~1IlIl kni_nflii:il\pIclIDflI.l01llll l~l5,SiI:lIhM~lI....-.dItCalln"'lI~'I"CI_.""...gWitoryrnacl'ltnlnllorl'"JPll1Y-and~lO'""'" !U8IIIIaconllillJl:lon!;toIhlC05lotrnpro.i"ll~mairlPlllrlftl'lSllP*'ll. PROOF OF State of California County of San Bernardino I 1M NoliceType: HRGSB NOTICE OF HEARING-SB Ad Description: Allhililnl_this_OIJMIPllblltHoamgloinutd.tIIAf1ttcf""noplwaNIhllltakonnoolharllttionlOlC:IJ*lanyprllpllly CENTRAL CITY NORTH REDEVELOPME =a=~-:":~~iZ:~~=T=~~~~=== . AREA ~'E1Aand.roIenldl<l..lhI'\lll<cadoSamaF"dIveIDpmIN~.,-"'~18~lJIIlfIhlMlr\:ldOSlnlaf' conIPQIlOI1lio""lllJlIll'I'od"NMu"by\l1aAgency,lhInlht.."c:ouIdll:ql.Wlll""Pfl'11f1UplDwnSo.Dnl8by~purdlaso OfbYewliHollhlpgwerofemiltnldomail..Tha~r;:y$llll~lIIIl""~oI'hl~-*'~ol'" 4gtN:f1O..... proparty intha Pmjed.fowl. irlaupponol.sptClficladl'/tlOpmM'llaoMyil"'MIn,I~wiI""""'Agancv lopll'/ll'lla'ld"inW1at1lheSP<!llldolOlighliltl1e~octA!ll.F\IIWnIOI'lhalaNlll8montollldllllnillrllcbmlirlll/tllllltY"JllaIowlha I am a citizen of the United States, over the age of eighteen years, ===IOOl~I~~";~~~;"I.IpIoM\StPfKAoI"'I'roja(:I"""'U"'.otlIr to or Interested In the above entitled matter. t am the representali\ . . and publisher of The Sun, a daUy newspaper printed and publlshet Tha l'flliaCt AlaI, and il pl/til:>Jlll n...1Od1 an cornm......1Iy trod rait\OnIiIIy zonad. may to'IIIIn del ItII1 .",1isIId in lhlI Slate 01 language in the City 015an Bemardino, County of San Bernardino. CalIlomiI ~_...... S<IbiIanoss SIltIlr.' p,....nllo Govemrr>or1I;CodI Saclion65ll62,5(I). a newspaper.of general circulation as defined by the laws of the St! ..-AtoInollhtAmendmlnl.IhIC<<nblntdl'fojaclflRandIlllllldDoc""*,,,: Tha.&.giarq'.I\tpoII.lOlhar.loycrandConlmon by the 5upenor Court of the County of San Bernardino, State of C Oo\sIci('RepoIIjonthaproposadA.....onsrnwillalsoboprllllfllod..lhlIjonpul*hIar'ng. ThtIleporl.thalnlo1..AmerOnlrl.lI1Id date June 20,1952, Case No. 73084. That the notice, of which th 1/PIdlhl Cornbilacl,Proie<:l EIR togaUItr 'Illl1l1'1O Mtrltn laspOnM 10 eotmIIIIts prtYiW5ly.-Wld on lhlI CornbJlld p~ EIR are printed copy, has been published in each regular ard entire: 11"<1i1b111orpublc_en000lIl'"191lIhlAgeney'.o/fieMlI201t101\h-e'SMI1,S\lIla30I,g.,~.CA9240t newspaper and not in any supplemenl thereof on the following date 06l24104,07fOtf04,07f08l04 i\t.....phIpWr;chaoring.lh.Mlj'OIandC>nrnonCourd;rld1l1.ComniIIionIlllIOOl"OllicWaI,~andll31l<nony~lIy inIIrISIIdparlO/l.foraNIIllMlSllhllproposad~"'oO'ldthaCombinldI'llljel:lEIR.Al~h3W>\lanyobjocdonlOlhapmpouc! .I.maIIliMIIlll'lllnllCombrlldPrqeclElRmaYapplllbaloNlhlMoyofondOommon()gu/loiondOom\inionanclllhowCIIMwtr;h ~AA1l11Gt111'11ll/'1CMJld_balOlOplldandIhaCornbir>tdProjlClEIRahoIidnolbac:arlilild.li1al. .i.t~tin>I.nol'"'..1tlI!\IIIehO.....!orthajoi1lP""",,",rilg""I'POraonrnayr"'>oriIlInstal",,*,,~IhICityC1a"'OIIl>eir~ lONpllIpONIIAmarrimentorlh.CorrOnIdProjoclEIR,'Tha_oINCIlyCllllcilCilyHall3O(lNlrtl"O'SlreM.San~. CaIiIomII92418.AlWlill801wl1lOlllloornmanlllol.,iIfIJIIldPell,,,ns,,;Ybaoonlldlrldbylhalo\al'O'nConvnonCounclland'blCoomliosion 1I1h11irNloltllejolnt~""rilQonJ<Zl19.2004,..tohedulorl_f'll'I1I",objaclionlo"""""-'orIhlComlW>ldPJOjact ElAlltlilmllodlolhaCtyCIar1<baloreoratIhaVrMOlll>ojoillp<.Cllichllling,,,MayoronaCorrmonColrddprlpll"wrillII1lnlin9s .,.l'IfIP(lIulo.co::ha..ritI""obiactionandcornmenlpriorIoOOopliollol1hlpropoatd..............,ondCSrtM\:llionollhlConP1IdProjad '" l ~21JJ/ Signature 1I..,.\olttrItIod~rI'tOive.lIcopyollhiGtloliceofJol1lPublIcHMringllyUrDldSlalISMaI.aucl1d11MrybymaYindicaII1lhiil\llo InIIrI6tIdpe'""'enhltownsproplJ1yill..ProjeclA...or"""'.bulIinar;eoM'or"""""'..U..PIojod.......~ltlo~ilIadop1orl, ...Aglw:yOOlJldinltlaMcrlf;OllUi..llIYpropaIty"lhaProjoclAlOllby.......ldomain.outIjIoltoh/qlrl:fl~,.,1I1. ~oI.~apjlIcII>IolawilfldPl\'flll/llol~compWrionloth._ llyoi1Mv1""YC(IiI5lion~thisN(lh:.oIJoiltPWicHeeringIllldClr1lficalicJ'ollh.~ProjoctEIR,or~yOOhlMl"'l'o...r 'l"tsticinnogardirlgl""_e<11.thoCorrkllClProjl(:lElRor81l'/dll1orelai'!'l~,piAMconlOtlt,ikaTrout,ProjII:It.Ien....,et ~_lQ44dwirlg"guIorbusfteuhoolraol"'AQInoy,oroon\aOlh...by-;!ll"~ I Th.c-rlyolSln80mllldinor~l(sobtgatlonIoPrllYidltQlJlll__IOPWic...-lO~incIIvklJlII.with<hebllliall. P\IIII <iDIV:tI...DirIc!orcHaciIliuMeo1egamtnlI36ol-5244!ll'/QworI<i'lgdayl;prioIlolhlmaolllgwithlliY......mloilHStf\llbkl !~.lo"'~do;"1IIPI<<fl- 1 NotaofJo&rtPllbl~I';.,gg/llenJ,",e le,2004. Executed on: 0710812004 At Los Angeles, CalifornIa 1 certify (or declare) under penalty of perjury that the foregoing is t CTTYOF SAN BERIiARDlNO SJ RamoIIhIt "'... ..-----. flEDEVEl.OPt.1E~AGENCYOF"lHECITYOF SAN BERNARDINO m r"'lVlllln~ -- D _D .1'; rrll DECLARATION OF MICHAEL TROUT RE NOTICE OF HEARING UPTOWN REDEVELOPMENT PLAN I, MICHAEL TROUT, declare that I am a resident of the State of California, over eighteen (18) years of age and I have personal knowledge of the facts alleged herein: 1. I am an employee of the Redevelopment Agency of the City of San Bernardino ("Agency"), a public body corporate and politic and my job title is "Project Manager". I have been an Agency employee since October of 1991. 2. The Agency previously approved the Redevelopment Plan for the Uptown Redevelopment Project (the "Redevelopment Plan") in 1986 and the Agency has initiated proceedings for the adoption of a "2004 Eminent Domain Amendment" to the Redevelopment Plan, which would amend the Redevelopment Plan and reinstates the Agency's eminent domain authority with respect to all property in the redevelopment project area of the Uptown Redevelopment Project (the "Project Area") for an additional twelve (12) year period. 3. I am generally familiar with law and procedures as applicable to the adoption and amendment of redevelopment plans in accordance with Health and Safety Code Section 33000 et seQ. (the "Community Redevelopment Law"), and specifically the provisions of Health and Safety Code Section 33452, as applicable, to the preparation and dissemination of published notices of public hearings and joint public hearings relating to the proposed amendment of a redevelopment plan. 4. As the Project Manager of the Agency, I have the responsibility for preparing notices to the public of public hearings and joint public hearings, including the joint public hearing as presently scheduled for July 19, 2004, to be undertaken by the Community 4823-1149-4656.1 1 Exhibit 2-2 Development Commission ("Commission") as the governing board of the Agency and the Mayor and Common Council of the City of San Bernardino with respect to redevelopment activities of the Agency, for the proposed amendment to the Redevelopment Plan. S. A document entitled "Notice of Joint Public Hearing of the Mayor and Common Council and the Community Development Commission of the City of San Bernardino / Proposed 2004 Amendment to the Redevelopment Plan for Uptown Redevelopment Project and Certification of a Final Environmental Impact Report for the Uptown Redevelopment Project Area and the Central City North Redevelopment Project Area" (the "Notice of Joint Public Hearing") has been prepared as part of the preparation for the joint public hearing of the Commission and the Mayor and Common Council scheduled for July 19, 2004. A copy of the Notice of Joint Public Hearing is attached hereto as Exhibit "A". 6. The Notice of Joint Public Hearing was published once a week for three (3) successive weeks in The Sun, a newspaper of general circulation with the first such publication commencing on June 24, 2004, in accordance with the requirements of Health and Safety Code Section 334S2(a) and Government Code Section 6063. 7. In addition to the publication of the Notice of Joint Public Hearing, I obtained or caused to be prepared two (2) separate lists of names and addresses of property owners and site addresses of persons, residents and businesses who may have an interest in the proceedings described in the Notice of Joint Public Hearing, and who are entitled to be given notice by United States First Class Mail of the Joint Public Hearing scheduled for July 19, 2004, regarding the 2004 Eminent Domain Amendment to the Redevelopment Plan, as set forth under the provisions of Health and Safety Code Section 334S2(a). 4823-1149-4656.1 2 8. The first such list of names and addresses corresponds with persons and entities (e.g., "assessees") who own one or more parcels ofland in the Project Area as set forth in Health and Safety Code Section 33452(b) which provides: "(b) Copies of the notices published pursuant to this section shall be mailed by first- class mail, to the last known assessee of each parcel of land not owned by the agency within the boundaries referred to in subdivision (a), at his or her last known address as shown on the last equalized assessment roll of the county; or where a city assesses, levies, and collects its own taxes, as shown on the last equalized assessment roll of the city; or to the owner of each parcel of land within these boundaries as the ownership is shown on the records of the county recorder 30 days prior to the date the notice is published, and to persons, firms, or corporations which have acquired property within these boundaries from the agency, at his or her last known address as shown by the records of the agency." The list of names and addresses of such persons (the "County Assessor List") is attached as Exhibit "B". 9. I obtained the County Assessor List for the mailing of the Notice of Joint Public Hearing from Ms. Ruth Parish, Information Systems Administrator of the City of San Bernardino, after I requested Ms. Parish to prepare for the Agency's use the current property tax assessment information for property owners and site addresses within both the Central City North Redevelopment Project area and the Uptown Redevelopment Project area. 10. Ms. Parish is the City Official who is responsible for compiling and maintaining City general business databases including County property tax assessment information for lands located within the territorial jurisdiction of the City. I am informed that as part of Ms. Parish's duties each year she obtains from the County of San Bernardino Assessor's Office a copy of the last equalized assessment roll for property located in the City. Ms. Parish informed me that the County Assessor List attached as Exhibit "B" corresponds with all of the assessees of each parcel 4823-1149-4656.1 3 ofland within the Project Area as shown the last equalized assessment roll of the County of San Bernardino. II. The second list (the "List of Project Area Occupants") of site addresses, which I compiled using the information provided to me by Ms. Parish and the County Assessment List and from a list of street address of property in the Project Area, which was also provided to me by Ms. Parish. The addresses on this list correspond with the persons described in Health and Safety Code Section 33452(c)(I), namely, "residents" or "occupants" within the Project Area. The List of Project Area Occupants is attached as Exhibit "C". 12. It should be noted that there is a degree of overlap between the names and addresses of assessed property on the County Assessor List and the List of Project Area Occupants, as some owners of property in the Project Area also reside on the property which they own in the Project Area. However, since the overlap is not precise, I compiled the List of Project Area Occupants by inspecting the information for each parcel ofland in the Project Area as set forth on the County Assessor List to determine whether each particular parcel was improved with residential dwelling units and whether the property tax bill was sent to the property owners' street address on the parcel in the Project Area, or to an address other than the street address of the parcel. In addition, I inspected the County Assessor List to determine whether there was more than one (1) dwelling unit or a commercial business on any particular parcel indicated on the County Assessor List. 14. After I determined which properties on the County Assessor List were not taxed to a person or address on that parcel of land or that the parcel contained multiple units, I physically drove to each street listed on the County Assessor List in order to independently 4823-1149-4656.1 4 verify and confirm the number of multiple-units located at each and every address in the County Assessor List, as required by Health and Safety Code Section 33452(c)(I) and (2). 15. While at each street I examined listed addresses on curbsides, buildings and mailboxes in order to compile an accurate List of Project Area Occupants from the information on the County Assessor List. 16. As part of my physical inspection of the improved properties at the addresses on the County Assessor List in preparing the List of Project Area Occupants, I observed that some properties did not have clearly marked addresses. In order to ensure that as many occupants, residents and businesses as possible would receive the Notice of Joint Public Hearing, the List of Project Area Occupants that I compiled included more street addresses than may actually exist on certain streets within the Project Area. This resulted, as expected, in a number of copies of the mailed Notice of Joint Public Hearing being returned to the Agency as described in Recital 19, below. 17. After I completed the preparation of the List of Project Area Occupants, I personally mailed a copy of the Notice of Joint Public Hearing by First-Class mail to each "Occupant" at each address on the List of Project Area Occupants attached hereto as Exhibit "C" on June 18,2004. 18. Based on the foregoing I mailed out a total of Two Thousand Four Hundred Fifty Four (2,454) copies of the Notice of Joint Public Hearing: 1171 notices were mailed to addresses on the County Assessor List and 1283 of the notices were mailed to addresses on the List of Project Area Occupants. Three Hundred Eighty Nine (389) of such notices were returned to me as undeliverable as of July 16, 2004. Sixty one (61) of these returned notices came from 4823-1149-4656.1 5 addresses on the County Assessor List and three hundred and twenty eight (328) of these returned notices came from addresses on the List of Project Area Occupants. 19. The List of Project Area Occupants referred to in recital 11, above, also includes businesses with street addresses within the Project Area. 20. I independently verified the existence of such businesses by physically driving to each street listed on the County Assessor List and by comparing what was listed as commercial addresses and confirming the existence of businesses which were present on that location, as set forth on the County Assessor List, after which I made appropriate notations, including adding additional addresses to the List of Project Area Occupants and then I caused to be mailed a copy of the Notice of Joint Public Hearing by first-class mail to the addresses of such businesses within the Project Area on June 18, 2004. 21. Based on other information available to the Agency I determined the name and address of each of the public agencies that levies taxes upon property in the Project Area, and I personally mailed, by certified mail, return receipt requested, copies of the Notice of Joint Public Hearing to the governing body of each of the taxing agencies that levies taxes upon any property in the Project Area, pursuant to Health and Safety Code Section 33452(d). I declare under the laws of the State of California that the foregoing is true and correct, and that this Declaration was executed at San Bernardino, San Bernardino County, California, this 11- day of July, 2004. -U~~ MICHAEL TROUT 4823-1149-4656.1 6 Exhibit "A" Notice of July 19, 2004 Joint Public Hearing NOTICE OF JOINT PUBLIC HEARING OF THE MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO PROPOSED 2004 AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE UPTOWN REDEVELOPMENT PROJECT AND CERTIFICATION OF A FINAL ENVIRONMENTAL IMPACT REPORT FOR THE UPTOWN REDEVEWPMENT PROJECT AREA AND THE CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA NOTICE IS HEREBY GIVEN THAT the Mayor and Common Council of the City of San Bernardino ("Mayor and Commoo Council") and the Community Development Commission of the Cily of San Bernardino ("Commission") acting as the Redevelopment Agency of the City of San Bernardino ("Agency") will conduct ajoint public hearing on Monday, July 19,2004, at 4;00 p.m., or as soon lbereafter as may be p!8Ctical, in the City Hall Council Chambers, City of San Bernardino, 300 North "0" Street, San Bernardino, CA 92401. The purpose of the joint public hearing will be to consider. (i) the certification of a final Enviromnental Impact Report for the Uptown Redevelopment Project Area and the Central City North Redevelopment Project Area (the "Combined Project Em") pumuml to the California Enviroumental Quality Act ("CEQA'1; and (ii) the approval of a proposed 2004 Amendment to the Redevelopment Plan for the Uptown Redevelopment Project ("Amendment"). preject Location: The redevelopment project area of the Uptown Redevelopment ("Project Area") includes approximately 433 acres of land within the City of San Bernardino, California. The Project Area consists of two (2) non-contiguous areas: (I) Uptown Subarea A is approximately 349 acres in size and generally includes the ct>lnmercially mixed-use lands along either side of Highland Avenue and Baseline Street between the Interstate 215 Freeway on the west to Watennan Avenue on the east, and Uptown Subarea A also includes the commercial and mixed use lands along either side of"E" Street between Eighth Street on the south to Highland Avenue OD the north; and (2) Uptown Subarea B is approximately 84 acres in size and is bounded on the north by Third Street and the Burlington Santa Fe rail yanI, on the south by Rialto Avenue/King Street, on the west by Mount Vernon Avenue and on the east by the Interstate 215 Freeway. A map which depicts the boundaries of the Project Area ill included in this Notice of Joint Public Hearing relating to the Amendment and the Combined Project EIR. A metes and bounds legal description of the Project Area boundaries has previously been rewrded on November 10, 1987, as Recorded Instrument No. 87-400893, Official Records of the Recorder of San Bernardino County. The metes and bounds legal description of the Project Area is on file with the Agency and a copy may be obtained by any interested person at no cost from the Agency's offices at 201 North "F' Street, Suite 301, San Bernardino, California 9240 I during regular business hours. Description of Prepoaed Actions: The Project Area continues to display a number of symptoms of blight. The Agency currently has the power to purchase property in the Project Area in support of redevelopment its efforts only on a negotiated basill. The authority of the Agency to use eminent domain powers to acquire property necessary for the elimination of blight in the Project Area lapsed in 1998. The proposed action authorized under the Amendment is the reinstatement of the Agency's eminent domain powers in the Project Area to acquire property for community redevelopment purposes upon the payment by the Agency to the owner of just compensation for such property. If adopted, the Amendment will reinstate the Agency's power to acquire property by exercise of eminent domain in the Project Area for an additional 12 years (through July 2016). Reinstatement of the power of eminent domain for the Agency to acquire property will not change the Project Area boundaries or alter the types of redevelopment activities or public improvements which the Agency may undertake or finance. The Combined. Project EIR contains an analysis of the potential adverse effect on the envirorunent if the Amendment ill approved. The Combined Project EIR also identifies specific mitigation measures, which if implemented will reduce certain potentially adverse effects to a level which is less than significant. However, the Combined Project EIR does indicate that certain potentially adverse effects cannot be fully mitigated or avoided, and these include short te[IIlconstruction air quality impacts, long teon mobile source airquaJity impacts. and long temllraffic impacts on 1-10 and 1-215, since these freeways are under Callrans jwisdiction and there is no regulatory mechanism for property owners and developers to make fair share contributions to the cost of improving such mainline freeway segments. At the time when this Notice of Joint Public Hearing is issued, the Agency has no plans and bas lakeD no other action to acquire any property in Uptown Subarea A of the Project Area by eminent domain. However, the Agency ill studying a proposal to redevelop certain lands in Uptown Subarea B of the Project Area near the Santa Fe Passenger Terminal facility. This rWev"elopment study proposal is identified in the Combined Project EIR and is referred to as the "Mercado Santa Fe" development CQmponent. If the Amendment is approved and if the Mercado Santa Fe component is also approved in the future by the Agency, then the Agency could acquire property in Uptown Subarea B by negotiated purchase or by exercise of the power of eminent domain. The Agency staff reconunends that the reinstatement of the eminent domain powers of the Agency to acquire property in the Project Area, in support of a specific redevelopment activity in the future, if necessary, will enable the Agency to prevent and eliminate the spread of blight in the Project Area. Furthennore the reinstatement of such eminent domain authority will allow the Agency in appropriate situations to assist both existing owners of land or businesses in Uptown Subarea A of the Project Area as well as other private entities with the assembly of land for redevelopment and the elimination ofblight. The Project Area, and in particular lands which are commercially and residentially zoned, may contain sites that are listed in the State of California Hazardous Waste and Substances Sites List pursuant to Government Code Section 65962.5(e). PubUc Review or the Amendment., the Combined Prnjeet EIR and Related Doalments: The Agency's Report to the Mayor and Common Council ("Report") on the proposed Amendment will also be presented at the joint public hearing. The Report, the text of the Amendment, and text of the Combined Project EIR together with the written response 10 comments previously received on the Combined Project EIR are available for public review and copying at the Agency's offices at 201 North "E" Street, Suite 301, San Bernardino, CA 92401. At the joint public hearing, the Mayor and Common Council and the Commission will consider all evidence and testimony submitted by interested persons ror and against the proposed Amendment and the Combined Project EfR. All persons having any objection to the proposed Amendment and the Combined Project EIR may appear before the Mayor and Conunon Council and Commission and sbow cause why the proposed Amendment should note be adopted and the Combined Project EIR should not be certified as final. At any time, not later than the hour set for the joint public hearing, any person may file a written statement with the City Clerk of their objection to the proposed Amendment or the Combined Project EIR. The address of the City Clerk. is City Hall 300 North "D" Street, San Bernardino, California 92418. All written and oral CQmment.'l of interested persons will be considered by the Mayor and Common Council and the Commission at the time of the joint public hearing on July 19, 2004, as scbeduled above. If a written objection to the Amendment 01 the Combined Project EIR is submitted to the City Clerk before or at the time of the joint public bearing, the Mayor and Common Council will prepare written fmdings in response to such a written objection and comment prior to adoption of the proposed Amendment and certification of the Combined Project EIR. If an interested person receives a copy of thill Notice of Joint Public Hearing by United States Mail, such delivery by mail indicates that the interested person either owns property in the Project Area or owns a business andlor resides in the Project Area. [f the Amendment is adopted, the Agency could in the future acquire any property in the Project Area by eminent domain, subject to the Agency's compliance with the requirements of all applicable law and payment of just compensation to the owner. If you have any question regarding this Notice of Joint Public Hearing and Certification of the Combined Project EIR, or if you have any other question regarding the Amendment, the Combined Project EIR or any of the related documents, please contact Mike Trout, Project Manager, at (909) 663-1044 dwing regular business hours of the Agency, or contact him by ema.il at mtmut[a)shrda.o[lP. Notice of Joint Public Hearing given June 1 S. 2004. CITY OF SAN BERNARDINO IS! RacheIClaric City Clerk REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ISf GaN VIID Osdel AgencySel;:retaIy Publish In: The Sun June 24, 2004 July 1,2004 July 8,2004 [Map ofProje<:t Area Boundary Attached: Uptown Redevelopment Project] ="""'*- , .... SUBAREA "A" UPlPWN LO, I -I Otl6 V;) 'OlI!P.reWOII lmS IOE O,!US '100JjS ,,3,, ljl.ION IOl huojjy ,uowdopAOa ,!WOU<Y.l1! 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AACADIA, CA 91006 SAN BERNAADINO, CA 92410 SAN BERNARDINO, CA 92410 013831112??oo VIVIAN, ALAN R 156 N "J" ST SAN BERNARDINO, CA 92410 0145202020000 VIZCARRA, JOSE E 544 W VIRGINIA SAN BERNARDINO, CA 92405 014007324??oo VOUKELATOS, JERRY 2717 W MC FADDEN SANTA ANA, CA 92704 0150231310000 WARSAW, NELLIE P TR 1096 DEVORE RD DEVORE, CA 92407 0134263150000 WATERS, E DAVID G & DORA P L1V TR 3- POBOX581 REDLANDS CA 92373 0145033020000 WATTS, HELEN M 2142 ARROWHEAD AVE #204 SAN BERNARDINO, CA 92405 014503127??oo WEBB, DEBORAH G 1300 DELL AVE CAMPBELL, CA 95008 0146012100000 WEINGARTEN, TERESA 500 S SEPULVEDA BLVD STE 600 LOS ANGELES, CA 90049 0146221030000 WESSEL, EDGAR 302 SANTA HELENA SOLANA BEACH, CA 92075 014505502??oo WESTERN EMPIRE INDUSTRIES, INC POBOX 2713 SAN BERNARDINO CA 92406 0138311140000 VIVIAN, ALAN R 156 NORTH J ST SAN BERNARDINO, CA 92410 0140073050000 VOUKELATOS, JERRY 157WBASELlNE SAN BERNARDINO, CA 92404 0145192590000 WARD, MARY R POBOX 1954 HAWTHORNE NV 89415 014021203??oo WASHINGTON, ARTHUR JR 3025 KIMBERLY DR WEST COVINA, CA 91792 0134263030000 WATERS, E DAVID G & DORAP L1VTR3- POBOX 581 RED LANDS CA 92373 0140051020000 WDJ LIMITED PARTNERSHIP 1973 COG HILL DR CORONA, CA 92883 0145242250000 WEBBER, MARCELlNA SHEILA SAMSON 427 W MAGNOLIA AVE SAN BERNARDINO, CA 92405 0146012120000 WEINGARTEN, TERESA 1640 S SEPULVEDA BLVD STE 515 LOS ANGELES, CA 90025 0146221010000 WESSEL, EDGAR TR 302 SANTA HELENA SOLANA BEACH, CA 92075 0150281200000 WESTERN PROPERTIES THREE LLC 111 GREAT NECKRD STE412 GREAT NECK, NY 11021 0138271030000 VIVIAN, ALAN R 156 J ST SAN BERNARDINO, CA 92410 014007303??oo VOUKELATOS, JERRY 2717 W MC FADDEN SANTA ANA, CA 92704 0140203290000 WARNICK, WILLIAM 123WBST#G ONTARIO, CA 91762 0134263160000 WATERS, E DAlVDG & DORA PLlVTR 3- POBOX 581 REDLANDS CA 92373 0138311060000 WATKINS, DANIEL C TR 982 W 2ND ST SAN BERNARDINO, CA 92410 0140203040000 WEAVE, ELISA M 565 W UNION ST SAN BERNARDINO, CA 92410 0146012110000 WEINGARTEN, TERESA 500 S SEPULVEDA BLVD STE 600 LOS ANGELES, CA 90049 0140212270000 WESCH, PETER H 813 N D ST#1 SAN BERNARDINO, CA 924011025 0145055030000 WESTERN EMPIRE INDUSTRIES, INC POBOX 2713 SAN BERNARDINO CA 92406 014020201??oo WJ-IITACRE, MARY L 591 W 9TH ST SAN BERNARDINO, CA 92410 0140151080000 0145211050000 013827221??oo WilCOX, EVLYN TR WilEY, JIMMY R WILLIAMS, ROGER 3096 PARKSIDE DR 2245 INDIGO HILLS DR APT. 4 1010 2ND ST SAN BERNARDINO, CA 92404 CORONA, CA 92879 SAN BERNARDINO, CA 92410 014021301??oo 0145173200000 0145173200000 WilSON, DARRELL l WilSON, HENRY WILSON, HENRY 335 W 9TH ST 1250 WEDGWOOD CT 1250 WEDGWOOD CT SAN BERNARDINO, CA 92401 RIAL TO, CA 92376 RIAL TO, CA 92376 014020132??oo 0140031500000 014505504??oo WilSON, JEANINE l WIMBERLEY, GROVER C III WIMBERLY, GROVER C III 2266 DENAIRAVE APT 115 643 W BASELINE 1932NEST HIGHLAND, CA 92346 SAN BERNARDINO CA 92410 SAN BERNARDINO, CA 92408 014624317??oo 0146243160000 0140151260000 WINSLOW, LAWRENCE J & CLARISSA WINSLOW, LAWRENCE J & CLARISSA WITHERSPOON, WilLIAM H III TR TRS TRS 2161 SAN JOAQUIN HillS RD 1270 N WATERMAN AVE 1270 N WATERMAN AVE NEWPORT BEACH, CA 92660 SAN BERNARDINO, CA 92404 SAN BERNARDINO, CA 92404 0140151360000 0138311400000 0145032020000 WITHERSPOON, WilLIAM H III TR WOOD, GEORGE S WOOTEN, CALVIN K 2161 SAN JOAQUIN HillS RD 1095 W 2ND ST 416W 20TH ST NEWPORT BEACH, CA 92660 SAN BERNARDINO, CA 92410 SAN BERNARDINO, CA 92405 0149221150000 0149222150000 0138271220000 WOSOUGHKlA, FARIBORZ TR 2-5-03 WRIGHT, CHARLES W YAGHOUBI, DARIUSH 850 N BIRCH ST #101 POBOX 1542 11112 BETTES Pl SANTA ANA, CA 92701 BLUE JAY CA 92317 GARDEN GROVE, CA 92540 0145232360000 0140091310000 0146012250000 YEE, EDVIN B TR (EDVIN B YEE TRUST) YONG, JAMES TR YU, JONG HO 148 CHANNING ST 2140 ROESSLER CT 19534 KllFINAN ST REDLANDS, CA 92373 PALOS VERDES, CA 90274 NORTHRIDGE, CA 91326 0145141260000 0150241320000 0145011270000 YU, PYONG 0 YUNG, yooN T ZARATE, HUMBERTO 2141 SKYE DR 232 W CHESTNUT AVE 825 W HIGHLAND AVE RIVERSIDE, CA 92506 SAN GABRIEL, CA 91776 SAN BERNARDINO, CA 92405 013827311??oo 0138273120000 0138273100000 ZUlCH, LA VERNE A ZUlCH, LA VERNE A ZUlCH, LA VERNE A 3520 BROADMooR BLVD 3520 BROADMooR BLVD 3520 BROADMOOR BLVD SAN BERNARDINO, CA 92404 SAN BERNARDINO, CA 92404 SAN BERNARDINO, CA 92404 0138273160000 0138273090000 0138273330000 ZUlCH, LA VERNE A ZUlCH, LA VERNE A ZUlCH, LA VERNE A 3520 BROADMooR BLVD 3520 BROADMooR BLVD 3520 BROADMooR BLVD SAN BERNARDINO, CA 92404 SAN BERNARDINO, CA 92404 SAN BERNARDINO, CA 92404 0138273130000 ZULCH. LA VERNE A 3520 BROADMOOR BLVD SAN BERNARDINO. CA 92404 Exhibit "C" List of Project Area Occupants 0134162070000 0134162080000 0134172020000 OCCUPANT OCCUPANT OCCUPANT NORTH I ST NORTH I ST 345 NORTH I ST SAN BERNARDINO, CA 92410 SAN BERNARDINO, CA 92410 SAN BERNARDINO, CA 92410 0134172030000 0134172040000 0134172050000 OCCUPANT OCCUPANT OCCUPANT , 341 NORTH I ST 347 NORTH 1ST 345 NORTH I ST SAN BERNARDINO, CA 92410 SAN BERNARDINO, CA 92410 SAN BERNARDINO, CA 92410 0134263030000 0134263150000 0134263150000 OCCUPANT OCCUPANT OCCUPANT 860 W 2ND ST 877 W MAIN ST 873 W MAIN ST SAN BERNARDINO, CA 92410 SAN BERNARDINO, CA 92410 SAN BERNARDINO, CA 92410 0134263150000 0134263150000 0134263150000 OCCUPANT OCCUPANT OCCUPANT 875 W MAIN ST 879 W MAIN ST 881 W MAIN ST SAN BERNARDINO, CA 92410 SAN BERNARDINO, CA 92410 SAN BERNARDINO, CA 92410 0134263150000 0134263150000 0134263150000 OCCUPANT OCCUPANT OCCUPANT 887 W MAIN ST 889 W MAIN ST 891 WMAINST SAN BERNARDINO, CA 92410 SAN BERNARDINO, CA 92410 SAN BERNARDINO, CA 92410 0134263150000 0134263150000 0134263150000 OCCUPANT OCCUPANT OCCUPANT 893 W MAIN ST 895 W MAIN ST 899 W MAIN ST SAN BERNARDINO, CA 92410 SAN BERNARDINO, CA 92410 SAN BERNARDINO, CA 92410 0134263150000 0134263150000 0134263150000 OCCUPANT OCCUPANT OCCUPANT 885 W MAIN ST 887 W MAIN ST 221 NORTH I ST SAN BERNARDINO, CA 92410 SAN BERNARDINO, CA 92410 SAN BERNARDINO, CA 92410 0134263150000 0134263150000 0134263150000 OCCUPANT OCCUPANT OCCUPANT 223 NORTH I ST 225 NORTH I ST 227 NORTH 1 ST SAN BERNARDINO, CA 92410 SAN BERNARDINO, CA 92410 SAN BERNARDINO, CA 92410 0134263150000 0134263150,000 0134263150000 OCCUPANT OCCUPANT OCCUPANT 229 NORTH I ST 231 NORTH I ST 233 NORTH I ST SAN BERNARDINO, CA 92410 SAN BERNARDINO, CA 92410 SAN BERNARDINO, CA 92410 0134263150000 0134263150000 0134263150000 OCCUPANT OCCUPANT OCCUPANT 235 NORTH I ST 237 NORTH I ST 239 NORTH I ST SAN BERNARDINO, CA 92410 SAN BERNARDINO, CA 92410 SAN BERNARDINO, CA 92410 0134263150000 0134263150000 0134263160000 OCCUPANT OCCUPANT OCCUPANT 241 NORTH I ST 243 NORTH I ST 860 W 2ND ST SAN BERNARDINO, CA 92410 SAN BERNARDINO, CA 92410 SAN BERNARDINO, CA 92410 0134263160000 0134263160000 0134263160000 OCCUPANT OCCUPANT OCCUPANT 862 W 2ND ST 864 W 2ND ST 866 W 2ND ST SAN BERNARDINO, CA 92410 SAN BERNARDINO, CA 92410 SAN BERNARDINO, CA 92410 0134263160000 0134263160000 013426316??oo OCCUPANT OCCUPANT OCCUPANT 868 W 2ND ST 870 W 2ND ST 872 W 2ND ST SAN BERNARDINO, CA 92410 SAN BERNARDINO, CA 92410 SAN BERNARDINO, CA 92410 0134263160000 0134263160000 0134263160000 OCCUPANT OCCUPANT OCCUPANT 874 W 2ND ST 876 W 2ND ST 878 W 2ND ST SAN BERNARDINO, CA 92410 SAN BERNARDINO, CA 92410 SAN BERNARDINO, CA 92410 013426316??oo 0134263160000 013426316??oo OCCUPANT OCCUPANT OCCUPANT 880 W 2ND ST 882 W 2ND ST 884 W 2ND ST SAN BERNARDINO, CA 92410 SAN BERNARDINO, CA 92410 SAN BERNARDINO, CA 92410 0134263160000 0134263160000 0134263160000 OCCUPANT OCCUPANT OCCUPANT 886 W 2ND ST 888 W 2ND ST 890 W 2ND ST SAN BERNARDINO, CA 92410 SAN BERNARDINO, CA 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NORTH 1 ST NORTH 1 ST SAN BERNARDINO, CA 92410 SAN BERNARDINO, CA 92410 SAN BERNARDINO, CA 92410 0134331260000 0138231020000 0138231040000 OCCUPANT OCCUPANT OCCUPANT 895 W 2ND ST 340 NORTH 1 ST 932 W 3RD ST SAN BERNARDINO, CA 92410 SAN BERNARDINO, CA 92410 SAN BERNARDINO, CA 92410 0138231050000 0138231090000 0138231100000 OCCUPANT OCCUPANT OCCUPANT 936 W 3RD ST 340 NORTH 1 ST 308 NORTH 1 ST SAN BERNARDINO, CA 92410 SAN BERNARDINO, CA 92410 SAN BERNARDINO, CA 92410 0138263020000 0138263020000 0138263020000 OCCUPANT OCCUPANT OCCUPANT 1184 W2ND ST 1220 W 2ND ST 1218 W 2ND ST SAN BERNARDINO, CA 92410 SAN BERNARDINO, CA 92410 SAN BERNARDINO, CA 92410 013826302??oo 0138263020000 0138263020000 OCCUPANT OCCUPANT OCCUPANT 1216 W 2ND ST 1224 W 2ND ST 1226 W 2ND ST SAN BERNARDINO, CA 92410 SAN BERNARDINO, CA 92410 SAN BERNARDINO, CA 92410 0138263020000 0138263020000 0138263020000 OCCUPANT OCCUPANT OCCUPANT 1228 W 2ND ST 1212 W 2ND ST 1164 W 2ND ST SAN BERNARDINO, CA 92410 SAN BERNARDINO, CA 92410 SAN BERNARDINO, CA 92410 0138263020000 0138263020000 0138263020000 OCCUPANT OCCUPANT P.O.C. 1160 W 2ND ST 1158 W 2ND ST PO BOX 1623 SAN BERNARDINO, CA 92410 SAN BERNARDINO, CA 92410 SAN BERNARDINO, CA 92402 0138271010000 0138271020000 0138271030000 OCCUPANT OCCUPANT OCCUPANT W 3RD ST 1065 W 3RD ST W 3RD ST SAN BERNARDINO, CA 92410 SAN BERNARDINO, CA 92410 SAN BERNARDINO, CA 92410 0138271 04??oo 0138271050000 013827106??oo OCCUPANT OCCUPANT OCCUPANT N KENDALL AVE 260 N KENDALL AVE 252 N KENDALL AVE SAN BERNARDINO, CA 92410 SAN BERNARDINO, CA 92410 SAN BERNARDINO, CA 92410 0138271070000 0138271080000 0138271110000 OCCUPANT OCCUPANT OCCUPANT 250 N KENDALL AVE 248 N KENDALL AVE 224 N KENDALL AVE SAN BERNARDINO, CA 92410 SAN BERNARDINO, CA 92410 SAN BERNARDINO, CA 92410 0138271120000 0138271130000 0138271130000 OCCUPANT OCCUPANT OCCUPANT 224 N KENDALL AVE 210 NKENDALL AVE 212 N KENDALL AVE SAN BERNARDINO, CA 92410 SAN BERNARDINO, CA 92410 SAN BERNARDINO, CA 92410 0138271130000 0138271130000 0138271140000 OCCUPANT OCCUPANT OCCUPANT 214NKENDALLAVE 216 N KENDALL AVE 200 N KENDALL AVE SAN BERNARDINO, CA 92410 SAN BERNARDINO, CA 92410 SAN BERNARDINO, CA 92410 0138271150000 0138271160000 0138271170000 OCCUPANT OCCUPANT OCCUPANT 1056 W 2ND ST 203 NORTH K ST 209 NORTH K ST SAN BERNARDINO, CA 92410 SAN BERNARDINO, CA 92410 SAN BERNARDINO, CA 92410 0138271170000 0138271170000 013827117??oo OCCUPANT OCCUPANT OCCUPANT 213 NORTH K ST 215 NORTH K ST 217 NORTH K ST SAN BERNARDINO, CA 92410 SAN BERNARDINO, CA 92410 SAN BERNARDINO, CA 92410 0138271170000 0138271170000 0138271170000 OCCUPANT OCCUPANT OCCUPANT 219 NORTH KST 221 NORTH KST 223 NORTH K ST SAN BERNARDiNO, CA 92410 SAN BERNARDiNO, CA 92410 SAN BERNARDiNO, CA 92410 0138271170000 0138271170000 0138271170000 OCCUPANT OCCUPANT OCCUPANT 225 NORTH K ST 227 NORTH K ST 229 NORTH K ST SAN BERNARDiNO, CA 92410 SAN BERNARDiNO, CA 92410 SAN BERNARDiNO, CA 92410 0138271180000 0138271190000 0138271190000 OCCUPANT OCCUPANT OCCUPANT NORTH K ST 263 NORTH K ST #A 263 NORTH K ST #B SAN BERNARDiNO, CA 92410 SAN BERNARDiNO, CA 92410 SAN BERNARDiNO, CA 92410 0138271190000 0138271190000 0138271200000 OCCUPANT OCCUPANT OCCUPANT 263 NORTH K ST #C 263 NORTH K ST #D NORTH K ST SAN BERNARDiNO, CA 92410 SAN BERNARDiNO, CA 92410 SAN BERNARDiNO, CA 92410 0138271210000 0138271220000 0138272060000 OCCUPANT OCCUPANT OCCUPANT NORTH KST N KENDALL A VB W 3RD ST SAN BERNARDiNO, CA 92410 SAN BERNARDiNO, CA 92410 SAN BERNARDiNO, CA 92410 0138272080000 0138272090000 0138272100000 OCCUPANT OCCUPANT OCCUPANT NORTH J ST 248 NORTH J ST NORTH J ST SAN BERNARDiNO, CA 92411 SAN BERNARDINO, CA 92410 SAN BERNARDINO, CA 92410 0138272110000 0138272120000 0138272130000 OCCUPANT OCCUPANT OCCUPANT 246 NORTH J ST SAN BERNARDINO, CA 92410 244 NORTH J ST SAN BERNARDINO, CA 92410 SAN BERNARDINO, CA 92410 0138272140000 0138272150000 0138272160000 OCCUPANT OCCUPANT OCCUPANT 242 NORTH J ST 1022 W MAIN ST 1024 W MAIN ST SAN BERNARDINO, CA 92410 SAN BERNARDINO, CA 92410 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0146243200000 0146243210000 0146243260000 OCCUPANT OCCUPANT OCCUPANT 1236 N WATERMAN AVE 1228 N WATERMAN AVE 218 E BASELINE ST SAN BERNARDINO, CA 92404 SAN BERNARDINO, CA 92404 SAN BERNARDINO, CA 92404 0146243290000 0146243310000 0146243320000 OCCUPANT OCCUPANT OCCUPANT 270 E BASELINE ST N WATERMAN AVE N BELLE ST SAN BERNARDINO, CA 92410 SAN BERNARDINO, CA 92410 SAN BERNARDINO, CA 92410 014624333??oo 0146243340000 014919123??oo OCCUPANT OCCUPANT OCCUPANT 1292 N WATERMAN AVE 296 E BASELINE ST 808 W HIGHLAND AVE SAN BERNARDINO, CA 92404 SAN BERNARDINO, CA 92404 SAN BERNARDINO, CA 92405 0149191240000 0149193080000 0149193090000 OCCUPANT OCCUPANT OCCUPANT 850 W HIGHLAND AVE W HIGHLAND AVE W HIGHLAND AVE SAN BERNARDINO, CA 92405 SAN BERNARDINO, CA 92405 SAN BERNARDINO, CA 92405 0149193100000 0149193120000 0149193130000 OCCUPANT OCCUPANT OCCUPANT 718 W HIGHLAND AVE 742 W HIGHLAND AVE 758 W HIGHLAND AVE SAN BERNARDINO, CA 92405 SAN BERNARDINO, CA 92405 SAN BERNARDINO, CA 92405 0149193200000 0149193210000 0149193220000 OCCUPANT OCCUPANT OCCUPANT 718 W HIGHLAND AVE 718 W HIGHLAND AVE 798 W HIGHLAND AVE SAN BERNARDINO, CA 92405 SAN BERNARDINO, CA 92405 SAN BERNARDINO, CA 92405 0149221120000 0149221130000 0149221140000 OCCUPANT OCCUPANT OCCUPANT 400 W HIGHLAND AVE 412 WHIGHLAND AVE 424 W HIGHLAND AVE SAN BERNARDINO, CA 92405 SAN BERNARDINO, CA 92405 SAN BERNARDINO, CA 92405 0149221150000 0149221160000 0149221170000 OCCUPANT OCCUPANT OCCUPANT 432 W HIGHLAND AVE 442 W HIGHLAND AVE 444 W HIGHLAND AVE SAN BERNARDINO, CA 92405 SAN BERNARDINO, CA 92405 SAN BERNARDINO, CA 92405 0149221180000 0149221190000 0149221200000 OCCUPANT OCCUPANT OCCUPANT 454 WHIGHLAND AVE 460 W HIGHLAND AVE 472 W HIGHLAND AVE SAN BERNARDINO, CA 92405 SAN BERNARDINO, CA 92405 SAN BERNARDINO, CA 92405 0149221210000 0149221220000 0149221230000 OCCUPANT OCCUPANT OCCUPANT 482 W HIGHLAND AVE 486 W HIGHLAND AVE 494 W HIGHLAND AVE SAN BERNARDINO, CA 92405 SAN BERNARDINO, CA 92405 SAN BERNARDINO, CA 92405 0149222090000 0149222110000 0149222120000 OCCUPANT OCCUPANT OCCUPANT 2290 N ARROWHEAD AVE 2360 N ARROWHEAD AVE N ARROWHEAD AVE SAN BERNARDINO, CA 92405 SAN BERNARDINO, CA 92405 SAN BERNARDINO, CA 92405 0149222130000 0149222140000 0149222150000 OCCUPANT OCCUPANT OCCUPANT 2230 N ARROWHEAD AVE 302 W HIGHLAND AVE 328 W HIGHLAND AVE SAN BERNARDINO, CA 92405 SAN BERNARDINO, CA 92405 SAN BERNARDINO, CA 92405 0149222160000 0149222170000 0149222180000 OCCUPANT OCCUPANT OCCUPANT 338 W IDGHLAND AVE 348 W IDGHLAND AVE 352 W IDGHLAND AVE SAN BERNARDINO, CA 92405 SAN BERNARDINO, CA 92405 SANBER1<ARDINO,CA92405 0149222190000 0149222200000 0149222210000 OCCUPANT OCCUPANT OCCUPANT 364 W IDGHLAND AVE 372 W IDGHLAND AVE W IDGHLANDAVE SAN BER1<ARDINO, CA 92405 SAN BER1<ARDINO, CA 92405 SAN BER1<ARDINO, CA 92405 0149222220000 0149222230000 0149222260000 OCCUPANT OCCUPANT OCCUPANT 384 W IDGHLAND AVE 398 WIDGHLAND AVE 2270 N ARROWHEAD AVE SAN BER1<ARDINO, CA 92405 SAN BER1<ARDINO, CA 92405 SAN BER1<ARDINO, CA 92405 0150201010000 0150201020000 0150201030000 OCCUPANT OCCUPANT OCCUPANT N ARROWHEAD AVE N ARROWHEAD AVE 2295 N ARROWHEAD AVE SAN BER1<ARDINO, CA 92405 SAN BER1<ARDINO, CA 92405 SAN BER1<ARDINO, CA 92405 0150201040000 0150201080000 0150201130000 OCCUPANT OCCUPANT OCCUPANT W 23RD ST W 23RD ST 208 W IDGHLAND AVE SAN BER1<ARDINO, CA 92405 SAN BER1<ARDINO, CA 92405 SAN BER1<ARDINO, CA 92405 0150201140000 0150201150000 0150201210000 OCCUPANT OCCUPANT OCCUPANT 214 WIDGHLANDAVE 214 WIDGHLANDAVE 256 W IDGHLAND AVE SAN BER1<ARDINO, CA 92405 SAN BER1<ARDINO, CA 92405 SAN BER1<ARDINO, CA 92405 0150201220000 0150201230000 0150201240000 OCCUPANT OCCUPANT OCCUPANT 272 W IDGHLAND AVE 276 W IDGHLAND AVE 288 W IDGHLAND AVE SAN BER1<ARDINO, CA 92405 SAN BER1<ARDINO, CA 92405 SAN BER1<ARDINO, CA 92405 0150201250000 0150201300000 0150201380000 OCCUPANT OCCUPANT OCCUPANT 296 W IDGHLAND AVE 256 W IDGHLAND AVE 236 W IDGHLAND AVE SAN BER1<ARDINO, CA 92405 SAN BER1<ARDINO, CA 92405 SANBER1<ARDINO,CA92405 0150201390000 0150201400000 0150211320000 OCCUPANT OCCUPANT OCCUPANT 248 W IDGHLAND AVE 220 W IDGHLAND AVE 172 W IDGHLAND AVE SAN BER1<ARDINO, CA 92405 SAN BER1<ARDINO, CA 92405 SAN BER1<ARDINO, CA 92405 0150211330000 0150211340000 0150211350000 OCCUPANT OCCUPANT OCCUPANT 180 WIDGHLAND AVE 190WIDGHLANDAVE 196WIDGHLANDAVE SAN BER1<ARDINO, CA 92405 SAN BER1<ARDINO, CA 92405 SAN BER1<ARDINO, CA 92405 015022122??oo 015022123??oo 0150221320000 OCCUPANT OCCUPANT OCCUPANT 2334 N SIERRA WAY N SIERRA WAY 150 W IDGHLAND A VB SAN BERNARDINO, CA 92405 SAN BERNARDINO, CA 92405 SAN BERNARDINO, CA 92405 0150221330000 015022134??oo 0150221740000 OCCUPANT OCCUPANT OCCUPANT W IDGHLAND A VB 160 WIDGHLAND AVB 2266 N SIERRA WAY SANBERNARDINO,CA92405 SAN BERNARDINO, CA 92405 SAN BERNARDINO, CA 92404 015022175??oo 0150221760000 0150221770000 OCCUPANT OCCUPANT OCCUPANT 2340 N SIERRA WAY 2312 N SIERRA WAY 2282 N SIERRA WAY SAN BERNARDINO, CA 92404 SAN BERNARDINO, CA 92404 SAN BERNARDINO, CA 92404 0150221780000 0150231250000 0150231260000 OCCUPANT OCCUPANT OCCUPANT 108WIDGHLANDAVB N LUGOAVB N LUGOAVB SAN BERNARDINO, CA 92405 SAN BERNARDINO, CA 92405 SAN BERNARDINO, CA 92405 0150231270000 0150231280000 0150231290000 OCCUPANT OCCUPANT OCCUPANT 2274 N LUGO A VB 2262 N LUGO A VB N LUGOAVB SAN BERNARDINO, CA 92404 SAN BERNARDINO, CA 92404 SAN BERNARDINO, CA 92404 0150231300000 0150231310000 0150231320000 OCCUPANT OCCUPANT OCCUPANT N LUGOAVB 138 E IDGHLAND A VB 124 E IDGHLAND AVE SAN BERNARDINO, CA 92404 SAN BERNARDINO, CA 92410 SAN BERNARDINO, CA'I2404 0150231330000 0150231340000 0150231350000 OCCUPANT OCCUPANT OCCUPANT E IDGHLAND A VB EIDGHLANDAVB EIDGHLANDAVB SAN BERNARDINO, CA 92404 SAN BERNARDINO, CA 92404 SAN BERNARDINO, CA 92404 0150231360000 0150231430000 0150231640000 OCCUPANT OCCUPANT OCCUPANT N SIERRA WAY 2495 N SIERRA WAY 2337NSIERRA WAY SAN BERNARDINO, CA 92405 SAN BERNARDINO, CA 92405 SAN BERNARDINO, CA 92405 0150231660000 0150231670000 0150231700000 OCCUPANT OCCUPANT OCCUPANT 2485 N SIERRA WY 2441 N SIERRA WAY 2339N SIERRA WAY SAN BERNARDINO, CA 92405 SAN BERNARDINO, CA 92405 SAN BERNARDINO, CA 92405 0150231710000 0150241320000 0150241360000 OCCUPANT OCCUPANT OCCUPANT 2441 NSlERRA WAY 178 E IDGHLAND A VB 2237 N LUGO A VB SAN BERNARDINO, CA 92405 SAN BERNARDINO, CA 92404 SAN BERNARDINO, CA 92404 0150241370000 0150241670000 0150241680000 OCCUPANT OCCUPANT OCCUPANT 2247 N LUGO AVE 148 E illGHLAND AVE 160 E illGHLAND AVE SAN BERNARDINO, CA 92404 SAN BERNARDINO, CA 92404 SAN BERNARDINO, CA 92404 0150261290000 0150261300000 015026132??oo OCCUPANT OCCUPANT OCCUPANT 2286 N LEROY ST 222 E illGHLAND AVE 250 E HIGHLAND AVE SAN BERNARDINO, CA 92404 SAN BERNARDINO, CA 92404 SAN BERNARDINO, CA 92404 0150261330000 0150261360000 0150261380000 OCCUPANT OCCUPANT OCCUPANT 248 E illGHLAND AVE 222 E HIGHLAND AVE 218 E HIGHLAND AVE SAN BERNARDINO, CA 92404 SAN BERNARDINO, CA 92404 SAN BERNARDINO, CA 92404 0150261490000 0150261500000 0150261520000 OCCUPANT OCCUPANT OCCUPANT 222 E HIGHLAND AVE 220 E HIGHLAND AVE 248 E illGHLAND AVE SAN BERNARDINO, CA 92404 SAN BERNARDINO, CA 92404 SAN BERNARDINO, CA 92404 0150261530000 0150261550000 0150281010000 OCCUPANT OCCUPANT OCCUPANT 238 E HIGHLAND AVE 204 E HIGHLAND AVE W 23RD ST SAN BERNARDINO, CA 92404 SAN BERNARDINO, CA 92404 SAN BERNARDINO, CA 92404 0150281110000 0150281120000 0150281130000 OCCUPANT OCCUPANT OCCUPANT 276 E HIGHLAND AVE E HIGHLAND AVE E HIGHLAND AVE SAN BERNARDINO, CA 92404 SAN BERNARDINO, CA 92404 SAN BERNARDINO, CA 92404 0150281140000 0150281150000 0150281200000 OCCUPANT OCCUPANT OCCUPANT 258 E HIGHLAND AVE EHlGHLANDAVE 284 E HIGHLAND AVE SAN BERNARDINO, CA 92404 SAN BERNARDINO, CA 92404 SAN BERNARDINO, CA 92404 015028121??oo 0150281220000 OCCUPANT OCCUPANT 290 E HIGHLAND AVE N WATERMAN AVE SAN BERNARDINO, CA 92404 SAN BERNARDINO, CA 92404 o UPTOWN REDEVELOPMENT PROJECT AREA PLAN AMENDMENT o REINSTATE EMINENT DOMAIN (taken from black 3-ring binder) o Exhibit 2-3 o o o UPTOWN REDEVELOPMENT PROJECT AREA PLAN AMENDMENT REINSTATEMENT OF EMINENT DOMAIN 1. Staff Report 2. Redevelopment Project Area Map 3. Report to the Mayor and Common Council 4. Text of the Proposed Amendment to the Redevelopment Plan 5. Final Program Environmental Impact Report ("PEIR") 6. Copies of Written Comments to PEIR received by May 29,2004 7. Certification of Mailing Public Information Meeting - July 25, 2002 Project Area Committee Election Meeting - September 10, 2002 Public Initial Study Meeting - December 18, 2002 Project Area Committee Information Meeting - February 20, 2003 Public EIR Scoping Meeting - March 26, 2003 Project Area Committee Election - April I , 2003 Joint Public Hearing - July 19,2004 8. Certification of Newspaper Notice and Copy of Notice 9. Project Area Committee Report and Minutes 10. Resolution of the Community Development Commission 11. Resolution of the Community Development Commission 12. Ordinance of the Mayor and Common Council o o o ECONOMIC DEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO FROM: Gary Van Osdel Executive Director SUBJECT: JOINT PUBLIC HEARING - UPTOWN REDEVELOPMENT PROJECT AREA PLAN AMENDMENT - EMINENT DOMAIN - REINSTATEMENT OF EMINENT DOMAIN DATE: July 12,2004 SvnoDsls of Previous Commlssioo/CouDelJJCommittee 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 resolutions modiiying the PAC procedures and 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 thst all applicable procedures were followed in the election of the Project Area Committee for the Uptown Redevelopment Project. On June 7, 2004, the Community Development Commission of the City of San Bernardino adopted a resolution setting a date and time, July 19, 2004 at 4:00 p.m. for a public hearing to consider an amendment to reinstate the powers of eminent domain in the Uptown Redevelopment Project Area and Certification of the Environmental Impact Report. On June 7, 2004, the Mayor and Common Council of the City of San Bernardino adopted a resolution setting a date and time, July 19, 2004 at 4:00 p.m. for a public hearing to consider an amendment to reinstate the powers of eminent domain in the Uptown Redevelopment Project Area and Certification of the Environmental Impact Report. Recommended Motion(s): OPEN JOINT PUBLIC HEARING CLOSE JOINT PUBLIC HEARING (CommuDity DeveloDment CommlssioolMavor and Common Council) IF WRITTEN OBJECTIONS ARE PRESENTED MOTION A: THAT THE PUBLIC HEARING BE CLOSED; THAT WRITTEN OBJECTIONS TO THE 2004 EMINENT DOMAIN AMENDMENT BE CONSIDERED; AND THAT WRITTEN FINDINGS BE PREPARED IN RESPONSE THERETO AS APPLICABLE AND BE PRESENTED AT THE NEXT REGULAR MEETING. OR (SEE NEXT PAGE) Contact Person(s): Project Area(s) Gary Van OsdellMike Trout Uptown Phone: (909) 663-1044 1,2 and 7 Ward(s): Supporting Data Attached: iii Staff Report iii Resolution(s) iii Ordinance iii Map(s) iii LetterslMisc. FUNDING REQUIREMENTS SIGNATURE: Source: N/A N/A P:\Aam:Iu\Comm Dcv ColDlllisllion'lDC 2004~7-19 Uptown PH SR.doc COMMISSION MEETING AGENDA Meetlog Date: 07/19/2004 Agenda Item Number: o o o MOTION B: IF NO WRITI'EN OBJECTIONS ARE PRESENTED THAT THE PUBLIC HEARING BE CLOSED; THAT SAID RBSOLUfION BE ADOPTED AND THAT SAID ORDINANCE BE LAID OVER FOR FINAL ADOPTION. RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AS A RESPONSffiLE AGENCY UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS, AND MAKING FINDINGS THAT A FINAL PROGRAM ENVIRONMENTAL IMPACT REPORT, AND THE MITIGATION MONITORING PLAN FOR THE REINSTATEMENT OF EMINENT DOMAIN POWERS IN THE REDEVELOPMENT PROJECT AREAS OF THE UPTOWN REDEVELOPMENT PROJECT AND THE CENTRAL CITY NORTH REDEVELOPMENT PROJECT FULLY AND ADEQUATELY ADDRESS THE POTENTIAL ENVIRONMENTAL EFFECTS OF THE APPROVAL BY THE COMMISSION OF SUCH REDEVELOPMENT PLAN AMENDMENTS. 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. 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 COMMISSION MEETING AGENDA Meeting Date: 07/1912004 P:\ApIdas\Comm Dcv Commission\COC 2004\D4..07.19 Uptown PH SR..doc Agenda Item Number: o o o ECONOMIC DEVELOPMENT AGENCY STAFF REPORT Public Bearin!! - Uutown Redeveloument Project Area Plan Amendment- Eminent Domain - Reinstatement of Eminent Domain 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. On July 1, 2002, the Mayor and Common Council approved and adopted the procedures to be used for the formation of a PAC for the Uptown Redevelopment Project Area and calling upon the citizens of the City to participate in the PAC. On July 15, 2002, mailers were sent to residents, businesses, organizations and property owners within the Uptown Redevelopment Project Area concerning the July 25, 2002 public workshop on the proposed amendment to the Uptown Redevelopment Project Area Plan. On July 25, 2002, Agency staff conducted a public information workshop to present the proposed amendment, explain the amendment process, and answer questions of the attendees. This workshop was announced by mailed notices to the property owners and site addresses in the JUptown Redevelopment Project Area. On August 27, 2002, mailers were sent to residents, businesses, organizations and property owners within the Uptown Redevelopment Project Area concerning the September 10, 2002 Project Area Committee election for the Uptown Redevelopment Project Area. On September 10, 2002, Agency staff conducted a PAC formation election for the purpose of creating a PAC from property owners, residences and business owners within the Uptown Project Area. However, the election did not take place due to the fact that there was not a sufficient number of PAC applications submitted. P:\.o\pIdu\Comm Dcv CommiNioll\CDC 2004\D4-07-19 UpCowII PH SR.doc COMMISSION MEETING AGENDA Meeting nate: 06/07/2004 Agenda Item Number: o o o Economic Development Agency Staff Report Uptown Redevelopment Project Area Plan Amendment Page 2 October 21,2002, tbe Mayor and Common Council modified tbe PAC procedures and tbe scope of the proposed plan amendment to reinstate eminent domain over all properties within tbe Uptown Project Area. The proposed amendment would reinstate tbe power of eminent domain for a period of twelve (12) years. Reinstating erninent domain in this project area and tbe Central City North Project Area has tbe potential to result in direct physical changes in tbe environment by enabling tbe Mercado Santa Fe, tbe San Bernardino Old Towne, and otber expected projects to proceed. It is also reasonably foreseeable that cumulatively significant impacts will result from tbe combined construction of several smaller projects now in various stages of implementation. These include tbe widening of 1- 215, tbe construction of senior citizen housing projects, tbe construction of an elementary school and otber development projects. Due to tbe potential environmental and traffic impacts that may result from tbese 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, tbe Community Development Commission adopted a resolution autborizing tbe execution of an agreement for professional services for tbe preparation of .a Program Environmental Impact Report (EIR) and related traffic study. On December 10, 2002, mailers were sent to residents, businesses, organizations and property owners within tbe Uptown Redevelopment Project Area concerning tbe December 18, 2002 community meeting concerning tbe Initial Study and input concerning tbe scope of the Environmental Impact Report for tbe Uptown Redevelopment Project Area. On December 18, 2002, Agency staff conducted a combined Uptown and Central City North Redevelopment Project Area community meeting to introduce tbe environmental consultant and to provide draft copies of tbe Initial Study which stated that since tbe proposed project may have a significant effect on the environment, a environmental impact report was required. On February 10, 2003, mailers were sent to residents, businesses, organizations and property owners witbin tbe Uptown Redevelopment Project Area concerning tbe February 20,2003 PAC information meeting and the April I, 2003 Project Area Committee election for tbe Uptown Redevelopment Project Area On February 20,2003, Agency staff conducted anotber PAC formation meeting to discuss tbe need and importance of tbe PAC. Those attending tbis meeting were encouraged to participate and were given PAC applications to fill out. On March 12, 2003, mailers were sent to residents, businesses, organizations and property owners within tbe Uptown Redevelopment Project Area concerning tbe March 26, 2003 scoping meeting for the Environmental Impact Report for tbe Uptown Redevelopment Project Area informing tbe community of tbe scope of tbe Environmental Impact Report and take comments from tbe public. P:\Apndas\Comm Dev Clrnmis3ion\CDC 2004\04.07-19 Uptown PH BR.ckIe COMMISSION MEETING AGENDA Meeting Date: 0711912004 Agenda Item Number: o o o Economic Development Agency Staff Report Uptown Redevelopment Project Area Plan Amendment Page 3 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. A normal schedule for the effort would result in 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. On April I, 2003, Agency staff conducted the PAC formation election in which six (6) individuals were elected thereby forming a PAC for the Uptown Redevelopment Project Area. The election was over seen by the City Clerk's Office. Subsequently, the Mayor and Common Council adopted a resolution, on May 5,2003, acknowledging the results of the Uptown PAC election. Though a PAC had been elected, the PAC held no meetings since there were no preliminary documents concerning the proposed text amendment or the Draft EIR for review. However, once these documents were available for review PAC meetings began in March 2004 to discuss the text amendment to the Uptown Redevelopment Project Area Plan, the Initial Study and the Draft EIR. On July 6, 2004, Uptown PAC voted to recommend to the Mayor and Common Council and the Community Development Commission to adopt the 2004 Amendment to the Uptown Redevelopment Project Area Plan reinstating eminent domain within the Uptown Redevelopment Project. CURRENT ISSUE: The Uptown Redevelopment Project was adopted in 1986. Conditions of blight which existed at the time of adoption of the Redevelopment Plan were extensive and substantial. The Redevelopment Project Area of the Uptown Redevelopment Project (the "Project Area") remains blighted today. One tool which the Agency may use to address conditions of blight in appropriate situations - the exercise of eminent domain - lapsed in the Project Area in 1998. The proposed Amendment to the Redevelopment Plan will reinstate the power of the Agency to acquire land by eminent domain for twelve (12) years. The Project Area includes deteriorated commercial frontage lots abutting either side of several principal streets in the center of the City. Comparatively little residential use property is in included in the Project Area although it estimated that more than 2,000 individuals may reside in the Project Area. In an older commercial area such as the Project Area where small substandard lot sizes are so prevalent, an important element of an effective program to address actual conditions of blight is the ability to assemble small parcels of land under separate ownerships into useable sites under current- day standards. The reinstatement of the condemnation power for the Agency is believed to be an important factor in addressing conditions of blight which remain in the Project Area. As long as the ability of the Agency to acquire land for specific redevelopment activities is limited to negotiated P:\Agcndu\Comm OevCommission\COC 2OO4\{)4..(l7.19 Uptown PH SR.doc COMMISSION MEETING AGENDA Meeting Date: 07/1912004 Agenda Item Number: o o o Economic Development Agency Staff Report Uptown Redevelopment Project Area Plan Amendment Page 4 purchase, grant, exchange or other voluntary forms of sale, the potential for sustained and large scale redevelopment of the property in the Project Area involving multiple parcels of land is limited. This is espeCially so when existing owners and other persons who are prepared to invest new capital in the community cannot expand or acquire land of adequate size and shape for development and use under current City standards. The evidence of blight in the Project Area is readily apparent to anyone who drives along its principal streets. One striking factor of the Project Area is the relative absence of any visible new construction or rehabilitation activity. Since the time of adoption of the Redevelopment Plan in 1986 little in the way of new improvements of rehabilitation has occurred and nearly one fourth (Yo) of the individual lots in the Project Area are currently vacant. Many of these currently vacant lots were formerly improved with structures which over the years became so dilapidated and substandard, the owners were compelled to remove them. The proposed 2004 Amendment to the Redevelopment Plan is limited to the reinstatement of the Agency's power of eminent domain. No other changes to the Redevelopment Plan, and in particular no changes to the financial provisions of the Redevelopment Plan are proposed. The Agency's power to acquire property by eminent domain expired in 1998. In general, the Agency has used the power of eminent domain in the past in its redevelopment project areas only in a few exceptional circumstances and for specific redevelopment project activities. The Agency has not acquired any property in the Project Area by eminent domain at any time since its adoption in 1986. Over the years, a vast majority of the land which the Agency has acquired in its various redevelopment project areas has been acquired by negotiated purchase. Since 1986, the Agency has acquired certain property in the Project Area by negotiated purchase but at this time, the Agency has not been able to assemble enough land by negotiated purchase for an effective redevelopment activity involving multiple parcels of land to deal with conditions of blight on a large scale. Under current circumstances, without eminent domain authority the Agency cannot plan for or assume that all of land which is necessary for a specific redevelopment activity will be available to the Agency under a negotiated purchase arrangement. In such a situation, the Agency cannot make realistic and feasible plans to assist owners or third parties who are prepared to eliminate blight under specific and enforceable terms involving multiple parcels of land, since the otherwise available land is not useable or new development is not economically feasible without additional land to solve specific conditions of blight. Without the reinstatement of the power of eminent domain, the range of the Agency's ability to foster redevelopment in the Project Area is greatly reduced. The Califomia Redevelopment Law ("CRL") authorizes an Agency to reinstate the power of eminent domain after it has lapsed in a Redevelopment Project Area, if the Agency finds that conditions of blight still persist in the Redevelopment Project Area. Accordingly, the Agency has previously initiated certain actions to consider the adoption of the Amendment to the Redevelopment Plan for the Uptown Redevelopment Project which reinstates the power of eminent domain for a twelve (12) year period of time. P:\Agendu'Comm Dev Commission\COC 2004\()4.(J7-19 Uptown PH SR.doe COMMISSION MEETING AGENDA Meeting Date: 07119/2004 Agenda Item Number: Economic Development Agency Staff Report Uptown Redevelopment Project Area Plan Amendment Page 5 o Section 33352 01 the Community Redevelopment Law ("CRL") states that when the Agency submits an amendment to the redevelopment plan to the Mayor and Common Council ("Council") for adoption, the Agency must also submit a report entitled the Report to Mayor and Common Council ("Report"). For a redevelopment plan amendment, the contents of the Report are only those portions warranted by the proposed amendment. The purpose of this Report is to provide, in one document, all information, documentation, and evidence regarding the 2004 Amendment to assist the Council in its consideration and in making various findings and determinations that are legally required to adopt the 2004 Amendment. This report to the Council has been prepared in accordance with all requirements of Section 33457.1 and 33352 of the CRL. During the joint public hearing the Commission and Council will consider the information presented by the Agency Staff and consultants regarding the Report and the 2004 Amendment. Testimony and comments of interested members of the public will also be received. If one or more written objections are presented to the Council before or during the joint public hearing on July 19, 2004, a written respouse to such written objections must be prepared and considered before the 2004 Amendment may be adopted. By adopting the attached resolution of the Community Development Commission at the conclusion of the joint public hearing, the Commission will approve the Report and the proposed eminent domain amendment and authorize Agency Staff to transmit the Report to Mayor and Common Council and the 2004 Eminent Domain Amendment to the Mayor and Common Council. o ENVIRONMENTAL IMPACT: The Agency and the City of San Bernardino retained Lilburn Corporation to prepare an Initial Study to determine potential impacts related to the reinstatement of eminent domain and other entitlement actious. At their meeting of February 5, 2004 the Development/Environmental Review Committee (D/ERC) reviewed the Initial Study prepared for the Central City North and Uptown Redevelopment Project Area Plans, and other entitlement actions. The D/ERC concurred that the Initial Study adequately addressed the issues and determined that a Program Environmental Impact Report (ElR) would be required. The Agency and the City retained LSA Associates to prepare the ElR. The Notice of Preparation was published in the San Bernardino County Sun and public agencies. The public review period for the Notice of Preparation was February 17, 2004 through March 17, 2004. Upon completion of the Draft Program EIR, the Notice of Completion was published in the San Bernardino County Sun. The Draft Program ElR was made available for public review at the City of San Bernardino Development Services Department, the Feldheym Central Library, and the City of San Bernardino web site. It was also distributed to public agencies and made available to the D/ERC, Planning Commission, and Mayor and Common Council. The public review period was April 8, 2004 through May 29, 2004. Comments were received from four agencies and are included in the Final Program ElR along with staff responses. o P:\Agendas\CommDev Commission\CDC 2004\04-01.19 UptOwn PH SR.-doe COMMISSION MEETING AGENDA Meeting Date: 07/19/2004 Agenda Item Number: o o o Economic Development Agency Staff Report Uptown Redevelopment Project Area Plan Amendment Page 6 As analyzed in the Draft Program EIR, the impacts that cannot be mitigated to a level of less than significant with mitigation measures are certain air quality and traffic impact related to the development of the Mercado Santa Fe project. There are no significant impacts related to the reinstatement of eminent domain. There are potential for impacts from future development within the proposed General Plan Amendment area. Those impacts cannot be specifically identified or quantified until such time as an actual development project is proposed. However, it is likely that development of this area will result in impacts similar to those related to the proposed development of the Mercado Santa Fe project. FISCAL IMPACT: Based on contracts entered into with consultants for this amendment, the costs will total $131,627. Funds for this activity have been budgeted and approved. RECOMMENDATION: That the Community Development Commission and Mayor and Common Council adopt either Motion A or Motion B. 1. Staff Report 2. Redevelopment Project Area Map 3. Report to the Mayor and Common Council 4. Text of the Proposed Amendment to the Redevelopment Plan 5. Final Program Environmental Impact Report ("PEIR") 6. Copies of Written Comments to PEIR received by May 29,2004 7. Certification of Mailing and Copy of Newsletters 8. Certification of Newspaper Notice and Copy of Notice 9. Project Area Committee Report and Minutes 10. Resolution of the Community Development Commission II. Resolution of the Community Development Commission 12. Ordinance of the Mayor and Common Council P:\Ascadu'CommDcv Commission\CDC 2004\04-.07.19 UptowR PH SR.doc COMMISSION MEETING AGENDA Meeting Date: 0711912004 Agenda Item Number: o D II II 'c=JD F= DI I r] iRnI I .. 1 8'-rirej _,,;=iE;l""jlfi 'i~ bJ >r E ~, l, ;ili Iii2iJJ .r 11! '<j' 111:-C-..r . 'I I! 1 b ob! (!6Iml '01 I: ~ IL ED I: :Billillrnrn =.. : f?[]1 II ~~ iBDrnrn_~DL[ f-II +qEJOO[]]OODD [ [J.....rJl m. ono :=(=11 ~l .... nn n b:lliJ -t. U LL L.- CJ . -.r ~ r; '- tIJmTI [L, ~ c- _ /"~ ,-, i. l~ ~m... '. "'fT. m...,..,-,r;- WJ'" j.E3TIP4ffltIIIIIH-J~ ,J- =i ~f[]. tJ I 1c:JLJt::jU[ J DBd_D: u DJOI Ii :8 -- ,-- -- B~ I 11.,l!. ~r?lnl... Oi ~~ OL._. 11T1fT :'. i=l~.~rr::..lil !u,nJ _0. II~ I I .n' I ..... ---1J > I, j, l> ~ __" r~;; "~~-.. - l> J - r: - .. L-' .-.. -oo I rir=i.. =.:::. SUBAREA "A" i: ~ o SUBAREA"B" .-.. ..... ~.- - _ '211,' ~1Ct,TI I ii. . I o Y': wwl EbB!", ~~!~~,I CiIy 01 San Bsmatdino . __ ~__~u._ __._. ____ ________ UPTOWN o 2004 Eminent Domain Amendment Uptown Redevelopment ProjectArea R8part to MaJar and CaImciI o July 2004 RedevelopmentAgenc;' of the City of San Bernardino 201 North "E" Slreet Suite 301 San Bernardino, California 92401-1507 Rosa_ Spevacek Group, Inc. o 217 North Main Street, Suite 300 Santa Ana, California 92701 Phone: (714) 541-4585 Fax: (714) 836-1748 E-mail: info@webrsg.com o City of San Bernardino MAYOR AND COMMON COUNCIL Judith Valles, Mayor Esther Estrada, 1st Ward Susan Lien Longville, r Ward Gordon McGinnis, T Ward Neil Derry, 4th Ward Chas A. Kelley, 5th Ward Rikke Van Johnson, f!' Ward Wendy McCammack, "fh Ward REDEVELOPMENT AGENCY STAFF Gary Van Osdel, Economic Development Agency Director o Maggie Pacheco, Deputy Directorl Housing and Community Development Director Mike Trout, Project Manager REPORT PREPARED BY ROSENOW SPEVACEK GROUP, INC. o o o o Table of Contents Introduction................................................................................................. i Redevelopment Plan Amendment.......................................................................... ii Contents of this Report .......................................................................................... Iv Reasons for the Amendment and a Description of Specific Projects Proposed and How These Projects Will Improve or Alleviate Blighting Conditions Found In the Project Area ..................................................... A-1 A Description of the Physical and Economic Conditions Existing in the Project Area ............................................................................................ B-1 Deteriorated and Dilapidated 8uildings ..............................................................8-4 Defective Design/Defective Physical Construction ..........................................8-11 Substandard Design .........................................................................................8-13 Mixed and Incompatible Uses...........................................................................8-15 Lots of Irregular Form and Size ........................................................................8-18 Prevalence of Absentee Owners......................................................................8-19 Depreciated Property Values and Impaired Investment ..................................8-20 Building and Code Violation..............................................................................8-23 High Level of Crime...........................................................................................8-26 Five-Year Implementation Pian............................................................... C-1 Why the Elimination of Blight and Redevelopment Cannot Be Accomplished by Private Enterprise Acting Alone or by the Agency's Use of Financing Alternatives Other Than Tax Increment............................ D-1 The Method of Financing ........................................................................ E-1 The Relocation Plan ................................................................................ F-1 Analysis of the Preliminary Plan ...........................~................................. G-1 Report and Recommendation of the Planning Commission ................... H-1 o Report of the Project Area Committee .................................................... 1..1 General Plan Conformance ..................................................................... ..1-1 Environmental Impact Report ................................................................. K.1 Report of the County Fiscal Officer ........................................................ L-i Neighborhood Impact Report..................................................................M.1 Relocation .......................................................................................................... M-1 Traffic Circulation.................................... .... ....... ................................... ............. M-2 Environmental Quality............ ............................. ........................... .... ................ M-2 Availability of Community Facilities and Services ............................................. M-2 Effect on School Population and Quality of Education...................................... M-2 Property Taxes and Assessments..................................................................... M-3 Low and Moderate Income Housing Program .................................................. M-3 o A Summary of Agency Consultation with Affected Taxing Agencies .... N-1 Exhibit 1: Initial Study and Program Environmental Impact Report Exhibit 2: 2004 Eminent Domain Amendment to the Redevelopment Plan 10 I on Introduction On June 18, 1986, the Mayor and Common Council ("Council") approved Ordinance MC-527 that adopted the Redevelopment Plan ("Plan") for the Uptown Redevelopment Project ("Project") and Project Area ("Project Area"). The Plan was subsequently amended on December 19, 1995 with the adoption of Ordinance No. MC-927, establishing and amending certain limitation of the Plan, and on December 1, 2003, eliminating the time limit to incur debt with the adoption of Ordinance No. MC-1161. The Uptown Project Area constituted a total of 433 acres divided into two sub areas (Exhibit A-1). The Project Area is located in the central part of the City. Sub Area A is located along Highland Avenue and Baseline Street from Interstate 215 (1-215) on the west to Waterman Avenue on the east, and along "E" street from Highland Avenue on the north to Eighth Street on the south. Sub Area B is bounded by Santa Fe railroad yard to the north, Rialto Avenue and King Street on the south, 1-215 on the east and Mount Vernon on the west. o Sub Area A of the Project Area is generally characterized by strip commercial structures, consisting of older structures intermixed with new development such as fast food franchises and convenience stores. Automobile-related uses are generally located along "E" Street, south of Baseline Street. Single- family and multiple family residential uses are scattered amongst commercial uses throughout Sub Area A. Sub Area B is characterized by a mixture of industrial, commercial, and residential uses. The purpose of the Project is to eliminate and prevent the spread of blight and deterioration in the Project Area by participation with owners and tenants in rehabilitation, demolition and/or construction, land assembly and or other incentives. Relocation assistance and public improvements will be provided, if necessary. The redevelopment of land by private enterprise and public agencies for uses in accordance with the Plan is encouraged. Generally, the purpose of this Plan is to provide for the rehabilitation of existing commercial and residential structures and to facilitate new development on vacant or underutilized areas within the Project Area boundaries. o To this end, the Plan permits the Redevelopment Agency of the City of San Bernardino ("Agency") to acquire real property by any means authorized by law, including eminent domain. Although the Agency has not used condemnation in the past, the ability to acquire property through eminent domain is a necessary and effective tool to facilitate redevelopment of the Project Area. Except for potential land assembly assistance in support of the proposed Mercado Santa Fe Project in Sub Area "B", the Agency has no ROSENOW SPEVACEK GROUP,INC. JULY 2004 -1- SAN BERNARDINO REDEVELOPMENT AGENCY UPTOWN REDEVELOPMENT PROJECT REPORT TO MAYOR AND COMMON COUNCIL o o o specific plans to use eminent domain to acquire property at this time, staff recommends that preserving this power will be necessary to complete any future redevelopment projects involving land acquisition. The Agency's existing eminent domain authority is restricted to a 12-year time limit, and expired on June 18, 1998 for the Project Area. Under the California Community Redevelopment Law ("Law"), the Plan's eminent domain time limit may be extended by up to 12 years if the Agency undertakes a plan amendment as prescribed by the Law. As the Agency envisions possible land acquisition activities for future redevelopment projects, the Agency is proposing to amend the Plan to extend the eminent domain time limit by 12 years, or until the twelfth anniversary (12th) of the effective date of the ordinance approving the 2004 Eminent Domain Amendment ("Amendment"). The Agency proposes to reinstate the power of eminent domain on industrial and commercial properties and extend this authority to residential properties. Redevelopment Plan Amendment Subsection "C. Property Acquisition" of section "V. PROPOSED REDEVELOPMENT ACTIONS' of the Plan is hereby amended in it's entirely to read as follows: C. Prooertv Acauisition 1. Acauisition of Real Prooertv 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. b. Agency shall not acquire from any of its members or officers any property or interest in property except through eminent domain proceedings. ROSENOW SPEVACEK GROUP, INC. JULY 2004 -11- SAN BERNAROINO REDEVELOPMENT AGENCY UPTOWN REDEVELOPMENT PROJECT REPORT TO MAYOR AND COMMON COUNCIL o c. 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. d. The Agency at the request of the Common Council may accept a conveyance of real property (located either outside a sUNeyarea) 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. Allor 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. The Agency shall, if at all, exercise the power of eminent domain in accordance with the provisions and prerequisites of the Califomia Eminent Domain Law [Code of Civil Procedure Sec. 1230.010 et. seq.] and the Califomia Relocation Act [Govemment Code Sec. 7262 et. seq.]. o 2. ACQuisition of Personal Prooertv. Anv other Interest in Real Prooertv. or Anv Imorovements in Real Prooertv 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. Although the proposed Mercado Santa Fe Project, if approved in the future, could involve the Agency in land assembly efforts, the Agency does not have any immediate or specific plans to use eminent domain to acquire property at this time. However. staff, consultants, and legal counsel feels that it is very important to preserve this power because it is a necessary component to completing future redevelopment activities. The power of eminent domain is especially necessary for those projects involving land acquisition. The ability to consolidate lots for new development and abate or provide mitigation between incompatible uses is essential in addressing the remaining conditions of blight in the Project Area. Incompatibility issues between commercial use and residential use properties can be resolved by fostering redevelopment of commercial and industrial use property on a sustainable economic basis and by applying current building construction standards to remodeled and new commercial and industrial structures and by requiring adequate buffers between different uses. Being o ROSENOW SPEVACEK GROUP. INC. JULY 2004 -III- SAN BERNARDINO REDEVELOPMENT AGENCY UPTOWN REDEVELOPMENT PROJECT REPORT TO MAYOR AND COMMON COUNCIL o sensitive to surrounding businesses and residents is part of being a good neighbor. This document is the Agency's Report to the Mayor and Common Council ("Report") on the proposed Amendment, and has been prepared pursuant to Section 33457.1 and 33352 of the Law. Pursuant to Section 33352 of the Law, the Agency is required to submit a Report containing specific documentation regarding the proposed Amendment. The purpose of this Report is to provide the information, documentation, and evidence required to support the adoption of the Amendment. This information, documentation, and evidence are provided to assist the Council in its consideration of the proposed Amendment, and in making the various determinations in connection with its adoption. With respect to the Amendment, this Report supplements the documentation and evidence contained in the 1986 Report to the Mayor and Common Council ("Original Report"), prepared in connection with the original Plan; the Original Report is incorporated herein by reference. Contents of this Report The contents of this Report are presented in 14 sections, which generally correspond to the subdivisions presented in Section 33352 of the Law. The sections are as follows: o SECTION A SECTION B SECTION C SECTION 0 SECTION E SECTION F SECTION G SECTION H SECTION I 10 Reasons for the Amendment and a Description of Specific Projects Proposed and How These Projects Will Improve or Alleviate Blighting Conditions Found in the Project Area A Description of the Physical and Economic Conditions Existing in the Project Area Five-Year Implementation Plan Why the Elimination of Blight and Redevelopment Cannot be accomplished by Private Enterprise Acting Alone or by the Agency's Use of Financing Altematives Other Than Tax Increment The Method of Financing The Relocation Plan Analysis of the Preliminary Plan Report and Recommendation .of the Planning Commission Report of the Project Area Committee ROSENOW SPEVACEK GROUP, INC. JULY 2004 -IV- SAN BERNARDINO REDEVELOPMENT AGENCY UPTOWN REDEVELOPMENT PROJECT REPORT TO MAYOR AND COMMON COUNCIL o SECTION J SECTION K SECTION L SECTION M SECTION N Exhibit 1: Exhibit 2: o o General Plan Conformance The Environmental Impact Report Report of the County Fiscal Officer Neighborhood Impact Report A Summary of Agency Consultation with Affected Taxing Agencies Initial Study and Program Environmental Impact Report for the 2004 Eminent Domain Amendment 2004 Eminent Domain Amendment to the Redevelopment Plan ROSENOW SPEVACEK GROUP,INC. JULY 2004 -v- SAN BERNARDINO REDEVELOPMENT AGENCY UPTOWN REDEVELOPMENT PROJECT REPORT TO MAYOR AND COMMON COUNCIL 011 Reasons for the AnlCndlnent and a Description of Specific Projects Proposed and Mow These ~ Mil Improve or Alleviate Blighting COnditions Found in the Project Area When the Project was adopted in 1986, the Plan established various financial and time limitations involving the use of some of the redevelopment tools. In compliance with the Law, the use of eminent domain expired on June 18, 1998, 12 years following the date of adoption of the ordinance approving and adopting the Plan. While the Agency may continue projects and receive tax increment revenue, it is no longer able to use eminent domain without an amendment reestablishing this time limit. o The ability to acquire property for revitalization is one of the fundamental tools of Redevelopment. In the Project Area, extension of the power of eminent domain will enable the Agency to consolidate lots in order to provide increased opportunities for redevelopment in the Project Area. Indeed, the major issues concerning the Project Area are the physical condition of structures, the inadequate lot size and occurrence of incompatible uses, which are affecting not only property values but also the quality of life for residents within the Project Area. These issues are among the most serious factors confronting the Agency as it implements redevelopment programs in the Project Area, and were chief reasons for establishing the Project Area. By re-establishing the Agency's power of eminent domain, the Agency has the option to consolidate parcels for a comprehensive program of providing rehabilitation and stimulating redevelopment activity. The Agency's existing eminent domain authority is restricted to a 12-year time limit, and expired on June 18, 1998. Under the Law, the Plan's eminent domain time limit may be reinstated by up to 12 years if the Agency undertakes plan amendment efforts prescribed by the Law. As the Agency envisions possible land acquisition activities for future redevelopment projects, the Agency is proposing to amend the Plan to extend the eminent domain time limit by 12 years, or until the twelfth anniversary (1ih) of the effective date of the ordinance approving the Amendment. Over the history of the Project, eminent domain has not been used by the Agency. However, the ability to use eminent domain is still critical for successful property negotiations. For example, without this authority, property acquisition efforts could stall if an owner of a substandard sized c ROSENOW SPEVACEK GROUP,INC. JULY 2004 -A-1- SAN BERNARDINO REDEVELOPMENT AGENCY UPTOWN REDEVELOPMENT PROJECT REPORT TO MAYOR AND COMMON COUNCIL o vacant lot held out for an excessively high price, because without his substandard sized vacant lot being joined with a neighbor substandard sized vacant lot, the two lots could not be joined together for redevelopment under current development requirements. In the Project Area, eminent domain is particularly important because of the significant amount of underutilized and/or irregular form and size shaped parcels that are insufficient for proper usefulness or development. This condition can contribute to economic decline and impaired investment as current owners are not able to rehabilitate their properties and future development is limited. Even though the Agency has had some success in spurring economic development and providing for rehabilitation, the majority of the original conditions of blight documented in the Original Report continue to exist and demand further redevelopment activities. This is due in part to the economic downtum of the 1990's. The region, City and Project Area has never successfully recovered from this downturn or the closure of two major air force bases located within San Bernardino County ("County"). With the local economy stagnant, assessed value revenues have declined or remain limited for much of the first decade of the Project. This has severely limited the tax increment revenue available to the Agency to conduct redevelopment and only recently has the Agency been able to complete various rehabilitation activities that will now allow revitalization to move forward. However, with the expiration of the Agency's eminent domain authority, further efforts by the Agency to continue with revitalization, rehabilitation, and economic development could be seriously jeopardized. o The proposed Amendment text that would extend the Plan's eminent domain time limit as presented in the Introduction Section of the Report. The Agency does not intend to undertake projects outside the scope of the Plan, and as analyzed in the Original Report. A description of the proposed redevelopment projects are contained in the Original Report and incorporated herein by reference. The Project Area is divided into 2 sub areas and comprises of a total of approximately 433 acres. The largest, Sub Area "N, comprises 348 acres generally involving those properties along Highland Avenue and Baseline Street between Interstate 215 and Waterman Avenue; and along "E" Street between 8th Street and Highland Avenue. Sub Area "B" involves roughly 84 acres comprising an area between Interstate 215 and Mt. Vemon Avenue, north of Rialto to the Santa Fe Railroad yards as shown in the following Exhibit A-1. o ROSENOW SPEVACEK GROUP. INC. JULY 2004 -A-2- SAN BERNARDINO REDEVELOPMENT AGENCY UPTOWN REDEVELOPMENT PROJECT REPORT TO MAYOR AND COMMON COUNCIL o t [ o r ~"A' "~"lI" .. ~. UPTOWN EXHIBIT A. 1: PROJECT AREA MAP o ROSENOW SPEVACEK GROUP,INC. JULY 2004 -A-3- SAN BERNARDINO REDEVELOPMENT AGENCY UPTOWN REDEVELOPMENT PROJECT REPORT TO MAYOR AND COMMON COUNCIL o SeetlGI' A Description of the Physical and Economic Conditions Existing in the Project Area o Section 33352(b) of the Law requires a description of the physical and economic conditions that cause the Project Area to be blighted. This information was provided in the documentation that was prepared and provided as evidence that the Project Area was deemed blighted at the time of adoption. Although the definition of "blight" has changed since the adoption of the Plan in 1986, this Report will examine the continued existence of the specific conditions of blight, which were found to exist in the Project Area by the Council in 1986 under the then-current Law. When the Council adopted the Redevelopment Plan, it determined that blight existed in the Project Area based upon evidence in the record. Those findings are deemed to be final and conclusive under the Law. It follows that portions of the Project Area, which were blighted during their original adoption, have not been upgraded or modified since that time, and are still conclusively deemed to be blighted. This Section of the Report will examine both portions of the Project Area, which have not been modified and can be presumed to still be blighted, and which of the original conditions of blight are still present in the Project Area today. The Original Report documented the following blighting conditions in the Project Area: o Structural Blight . Defective design and character of physical construction . Faulty interior arrangement and exterior spacing . High density of population and overcrowding . Inadequate provision of ventilation, light, sanitation, open spaces, and recreational facilities . Age, obsolescence, deterioration, dilapidation, mixed character, or shifting of uses. Economic Blight . An economic dislocation, deterioration, or disuse resulting from faulty planning . The subdivision and sale of lots of irregular form and shape and inadequate size for proper usefulness and development ROSENOW SPEVACEK GROUP,INC. JULY 2004 . B-1. SAN BERNARDINO REDEVELOPMENT AGENCY UPTOWN REDEVELOPMENT PROJECT REPORT TO MAYOR AND COMMON COUNCIL o o o . The laying out of lots in disregard of the contours and other topography or physical characteristics of the ground and the surrounding conditions. For the purposes of this Amendment, the Law does not require that the Project Area be as blighted as it was when the Project was adopted. Nor does the Law require, supporting the amendment that the Council finds that the existing Project Area would meet the same standards for adoption of a new Project Area, but only that some of the original blighting factors continue to exist. The Law acknowledges and anticipates that the Agency's redevelopment program will eliminate at least some of the original blighting conditions, and accordingly, the Law requires this report to deltcribe what blight remains. Under the Law in effect as of the time of the original plan adoption, even a single blighting factor may be sufficient to support the adoption of a redevelopment plan, so long as that condition causes a reduction of, or lack of proper utilization of the area to such an extent that it constitutes a serious burden on the community which cannot be solved by private enterprise acting alone. This Section B will demonstrate that many of the original blighting conditions found to exist in the Project Area in 1986 still exist. As a result of the declining economic base, there has been little private investment in the Project Area, which has prevented many of the problems of the area from being resolved through private activity. The Agency has engaged in various activities in order to eliminate the detrimental physical, social, and economic conditions that were negatively impacting the area. Specific projects include: . Provided assistance to Games for Fun to expand their operations/facilities; . Assisted Hair Master School of Beauty with the construction of public improvements, parking lot expansion; . Provided assistance for the renovation of the Smart & Final Shopping J Center; and . Provided low interest single-family home rehabilitation loans. One of the future projects that the Agency hopes to undertake is a retail center commonly referred to as the Mercado Santa Fe. The site is 9.2 acres and located within Sub Area B. The site of the proposed development is zoned CG-4 (Commercial General 4). The CG-4 zone permits the development of "Theme/Speciality Centers" accommodating uses such as "speciality" retail, restaurants, theaters, cultural facilities and social service uses. Due to these actions, the Agency has been able to eliminate a small portion of the blighting conditions that existed in the Project Area. However, the area ROSENOW SPEVACEK GROUP, INC. JULY 2004 SAN BERNARDINO REDEVELOPMENT AGENCY UPTOWN REDEVELOPMENT PROJECT REPORT TO MAYOR AND COMMON COUNCIL -B-2- o continues to be faced with dilapidated, deteriorated, aged. and obsolescent properties and structures (including housing, commercial, retail and industrial buildings) along with impaired development and investment due to poor parcelization. The physical and economic blighting conditions still prevailing in the Project Area is summarized for each the sub areas in the following Table B-1 and B-2. TABLE B.1 SUMMARY OF BLIGHTING CONDITIONS UPTOWN REDEVELOPMENT PROJECT AREA SUB AREA A No. of No. of Parcels Developed % of Parcels with Blighting Parcels in with Blighting Blighting Cond~ions Cond~ions Project Area Conditions Physical Blighting Conditions Buildings UnsafeJUnhealthy to live or work Dilapidation/Deterioration 163 912 17.9% Defective Design/Physical Cond~ions 22 912 2.4% Factors that prevent or Hinder the economically viable use or capacity of buildings 0 Substandard Design 23 912 2.5% Lack of Parking 16 912 2.0% Lots of inadequate size 569 912 62.4% Incom atible Land Use 27 912 3.0% No. of Parcels with one or more h ical br htin cond~ions 612 912 67.1% Economic Blighting Conditions Depreciated/Stagnant Property Values (1998-99 to 2002-03) 245 912 26.9% Adult Businesses 8 912 0.9% Abandoned Buildin s 53 912 5.8% No. of Parcels with one or more economic bli htin conditions 289 912 31.7% No. of Parcels with one or more physical or economic blighting conditions or both 695 912 76.2% Sources City of San Bernardino Information Services Depatfmenf RSG Field Survey, October 2002 HDL Coren & Cone o ROSENOW SPEVACEK GROUP,INC. JULY 2004 -B-3- SAN BERNARDINO REDEVELOPMENT AGENCY UPTOWN REDEVELOPMENT PROJECT REPORT TO MAYOR AND COMMON COUNCIL o o o TABLE B.2 SUMMARY OF BLIGHTING CONDITIONS UPTOWN REDEVELOPMENT PROJECT AREA SUB AREA B Blighting Conditions Physical Blighting Conditions No. of Parcels with Blighting Conditions No. of Developed Parcels in Project Area % of Parcels with Blighting Conditions Buildings Unsafe/Unhealthy to live or work DilapidationlDeterioration Defective Design/Physical Conditions 251 251 17.1% 10.4% 43 26 Factors that prevent or Hinder the economically viable use or capacity of buildings Substandard Design Lack of Parking Lots of inadequate size Incom tibia Land Use No. of Parcels with one or more h ical bli htin conditions 251 251 251 251 251 11.2% 6.0% 90.8% 2.4% 93.2% 28 15 228 6 234 Economic Blighting Conditions Depreciated/Stagnant Property Values (1998-99 to 2002-03) Adull Businesses Abandoned Buildi s No. of Parcels with one or more economic br hti conditions 11.2% 0.0% 4.4% 13.9% 28 o 11 35 251 251 251 251 No. of Parcels with ono or more p yslcal or economic blighting conditions or both 251 93.6% 235 Sources City of San Bernardino Infotmation Services Department RSG Field SUlvey, February 2003 HOL Coren & Cone DetelioIated and Dilapidated Buiklngs The existence of deteriorated and dilapidated buildings is an indicator of blight and is a sign of lack of reinvestment in the area. The commercial and industrial structures within the Project Area are some of the oldest buildings within the City and are characterized by dilapidation, deterioration, and age. The average age of the buildings within the Project Area is 46 years old according to 2003 FFIEC' Census Report. The average structural life of a building is 55 years and buildings begin to show signs of age and obsolescence after 25 years. For example, most roofs last 20-30 years and regular repainting and repairs are needed to protect and maintain the integrity of the buildings. As expected, conditions of many of the structures within the Project Area show significant signs of age, deterioration, and lack of maintenance. Much of the Project Area's buildings are deteriorated, 17.9% of all parcels in Sub Area A and 17.1 % of all parcels in Sub Area B, as a result it 1 Federal Financial Institutions Examination Council ROSENOW SPEVACEK GROUP,INC. JULY 2004 SAN BERNARDINO REDEVELOPMENT AGENCY UPTOWN REDEVELOPMENT PROJECT REPORT TO MAYOR AND COMMON COUNCIL .8-4- o o o is unlikely that individual investment and rehabilitation will occur. Only a comprehensive program will be able to address these conditions to provide the needed rehabilitation required to improve the Project Area. For commercial or industrial structures the Agency may need to acquire offending properties. Acquisition of such properties may require the use of eminent domain to accomplish the Agency's goal of eliminating these conditions of deterioration. In February 2003, a field survey of the Project Area noted that the majority of the buildings remain deteriorated, including housing, retail establishments, and industrial buildings. The survey team was comprised of Sweta Bhattacharya and Katherine Han and accompanied by John Hoeger, Project Manager and Mike Trout, Project Manager, both with the Economic Development Agency, City of San Bernardino. Sweta Bhattacharya received her Bachelors of Art from Jadavpur University in Calcutta, India and her Masters in Planning from the University of Southern Califomia. Ms. Bhattacharya has worked on various projects for El Monte, Montclair, Stockton, Fontana and Grand Terrace. Katherine Han graduated with a degree in Real Estate Finance from the University of Southern Califomia. Ms. Han has worked on projects for the City of Palm Desert, Lake Forest, Bell and Contra Costa County. Both Ms. Bhattacharya and Ms. Han have been with RSG for over two years. The purpose of the field survey was to locate and evaluate the exterior blighting conditions prevalent and remaining throughout the Project Area. Felise Acosta and Don Gee supervised the survey team. Felise Acosta is the Project Manager and Principal at RSG. Ms. Acosta has directed the creation or amendment of project areas for the Cities of Buena Park, Burbank, Carson and Fontana. Don Gee is a Senior Associate with RSG and has worked on redevelopment plan adoptions and amendments, housing projects, economic development and business development activities. RSG is a multidisciplinary firm specializing in consulting services since 1979. Their clients have remained constant in their need for services in the areas of redevelopment planning, fiscal consulting, economic development, housing, govemmental services, real estate acquisition, and real estate economics. RSG utilizes a studio format, under the direct supervision of five managing partners. Their personnel shares years of experience, making the consultant- client relationship one of long-term confidence in maintaining its projects with a hands-on approach throughout. A significant number of vacant parcels were observed during the field survey. According to San Bemardino County Assessor records, accessed through Metroscan, the Project Area has a total of 1,163 parcels. Of the 1,163 parcels, 274 were vacant, resulting in a 24% vacancy rate. Based on acreage, 22% of the Project Area is vacant. ROSENOW SPEVACEK GROUP. INC. JULY20Q4 -8-5- SAN BERNAROINO REDEVELOPMENT AGENCY UPTOWN REDEVELOPMENT PROJECT REPORT TO MAYOR AND COMMON COUNCIL o o o The magnitude of structures that are aged and deteriorated poses a significant liability for the City, in regards to both health and safety issues as well as an economic liability. By allowing citizens to work and live in deficient structures, the community is subjected to increased safety risks from fire, accidents, and other hazards found in deteriorated structures. The process of deterioration and dilapidation can be self-perpetuating. The presence of properties which exhibit signs of deterioration may deter owners of neighboring 'properties from improving or maintaining their properties because it appears to the property owners that any benefit which might accrue to their properties will be diminished or neglected due to the condition of surrounding properties. For instance when deteriorating conditions are prevalent throughout an area, it is often difficult for a property maintained property to attract a buyer because the area's degenerating conditions send a message of apathy to potential investors, which presents a risk in terms of possible decrease in property values if these conditions continue to persist. As demonstrated by Figure B-1, if regular maintenance is not done, first minor, and then major failures will result over time. As the cost of renovating the building goes up exponentially over the years, structural failures occur and the building cannot be recovered. Since the property owners fear that they will not realize a retum on an investment in rehabilitation, buildings are often neglected. Poor building conditions indicate limited reinvestment in the building stock through renovation and rehabilitation, and reflect a weak environment for private sector development or redevelopment. FIGURE B-1 r ~~~!~~~-----------------------r---------7- I I Structure not usable I, ---------------------------------------------~ I I ; C I I ; --;---- ! 8 Startofmajormlures .~ !" NonnaJ wear ~~2~Jl!!t~E:!!~_______ Minor repair Time in years Preventive maintenance ~ Total cost of major repair (C) Total cost ofmmor repair (B) Total cost of preventive maintenance (A) PREVENTIVE MAINTENANCE (bottom tine) not only costs markedly less in aggregate than repairing building failures, it reduces human wear and tear. A building whose systems are always breaking or threatening to break is depressing to the occupants, and that brings on another dimension of expense. This diagram is adapted from Preventive MainteJUlnce of Buildings (New Yark: Van Nostrand Reinhold. 1991),p.3. ROSENOW SPEVACEK GROUP, INC. JULY 2004 - B-9- SAN BERNARDINO REDEVELOPMENT AGENCY UPTOWN REDEVELOPMENT PROJECT REPORT TO MAYOR AND COMMON COUNCIL o o o Of additional concern is the economic impact imposed upon the Project Area by having the majority of the structures in poor physical condition. As the buildings within the Project Area have aged and maintenance has been deferred, property values, including those in surrounding areas have declined along with tax revenues and sales tax revenues. Discussion of these effects is included in the economic conditions of this report. The following Photos 1 though 8 exhibit examples of deterioration and dilapidation that still exists in the Project Area. ROSENOW SPEVACEK GROUP,INC. JULY 2004 SAN BERNARDINO REDEVELOPMENT AGENCY UPTOWN REDEVELOPMENT PROJECT REPORT TO MAYOR AND COMMON COUNCIL -B-7- o Sub Area A o Photo 1: (140-081-04, tOO Block of W. Baseline Stree~ CG-2- Commercial General - BaselineIMt. Vemon) The auto repair establishment is in deteriorated and dilapidated condition. Tiles from the roof overhang are missing at several locations and overhead power lines appear to be connected to the building in an obsolete manner. Also, the garage doors are damaged and warped and there appears to be insufficient parking on the site for the type of business. Photo 2: (145-031-22, 400 Block of W. Highland Avenue, CG-1- Commercial General) This abandoned structure has broken windows and has deferred maintenance. o ROSENOW SPEVACEK GROUP, INC. JULY 2004 -B-8- SAN BERNARDINO REDEVELOPMENT AGENCY UPTOWN REDEVELOPMENT PROJECT REPORT TO MAYOR AND COMMON COUNCIL o o o Sub Area B Photo 3: (1000 block of 2nd Street) Abandoned old FEDCO building. The corrugated metal sheet on the sbucture is rusted, the roof is caving in at plaoes and there is trash and debris on the property. Note the destroyed trailer in the parking lot surrounded by weeds and debris. Photo 4: (0138-271-02, 1000 block of:Jnl Slree~ CG-4 Commercial Generai - Theme Centers) The dilapidation of the wall materials is so severe that corrugated metal sheet has been used to repair the damage. The corrugated metal sheet is also rusted and is a substandard building material. The front doors leading into the building and the roof are also made of corrugated metal sheets. The sbucture also lacks adequate weather protection, which makes the sbucture more susceptible to damage and deterioration. ROSENOW SPEVACEK GROUP,INC. JULY 2004 - 8-9- SAN BERNARDINO REDEVELOPMENT AGENCY UPTOWN REDEVELOPMENT PROJECT REPORT TO MAYOR AND COMMON COUNCIL o Photo 5: (0138-311-14, 100 Block of J Stree~ IL- Indusbial Ught) This single family house has damage to the foundation. Note the crack on the foundation of the porch supports on left side. Also, the stairs leading up to the house in damaged and the exterior wall materials have dry rot. A tree is growing so close to the house that the tree roots could damage the foundation and the leaves and branches could damage the roof. o Photo 6: (0138-312-26, 100 Block of N. I Street, IL- Indusbial Ught) The extemal building material of the structure is in dilapidated condition; also the porch roof is severely damaged, especially around the eaves showing evidence of dry rot, water damage and weathering. Note the excessive outdoor storage blocking the driveway and creating a fire hazard. o ROSENOW SPEVACEK GROUP, INC. JULY 2004 - 6-10- SAN BERNARDINO REDEVELOPMENT AGENCY UPTOWN REDEVELOPMENT PROJECT REPORT TO MAYOR AND COMMON COUNCIL o Photo 7: (0138-311-08, 900 Block ofW. 2nd Street IL-Industrial Ught) The garage next to the house is severely dilapidated. The structure is in really bad condition; the walls are out of alignment, there are gaps in the walls, and the roof is broken at several places. o ~tive DesigrVDefec;tive PhysIcal Construction A parcel and/or building suffers from defective design when setbacks do not comply with current municipal requirements; there is lack of parking; ingress and egress are difficult for vehicular traffic; structures lack sufficient loading area; buildings are being used for purposes for which they were not originally constructed or intended; or when a building or site has been poorly laid out. A parcel suffers from defective physical construction when structures appear to be built from materials that are outdated or substandard, such as corrugated metal, and would not be permitted if the structure were built today; have cracked foundations; are leaning; lack windows; or have a variety of other physical inadequacies. Conditions of defective design or physical condition can be manifested in a number of ways. One example is where existing conditions do not meet the modem construction standards established to ensure the health and safety of the building occupants. Such defects may not be technically code violations but rather deficiencies resulting from evolutionary improvement in building code standards that have occurred since the building's construction. 10 I i , I The analysis of the field survey reveals that 22 parcels in Sub Area A and 26 parcels in Sub Area B or 2.4% and 10.4% respectively of all parcels exhibit one or more conditions of defective design including inadequate vehicular ROSENOW SPEVACEK ~ROUP.INC. JULY 2004 SAN BERNARDINO REDEVELOPMENT AGENCY UPTOWN REDEVELOPMENT PROJECT REPORT TO MAYOR AND COMMON COUNCIL -8.11. o o o and pedestrian access, substandard building material(s), poorly constructed additions. and lack of natural light and ventilation. Sub Area B Photo 8: (0138-311-07, 1000 Block of W. 2"' Street, II.- Industrial Ught) Note severely deteriorated and damaged building at the back of a house. This back unit is made of corrugated metal sheet, which is rusted, and in really unsafe condition for inhabitation. The corrugated metal sheet is also considered as a substandard extemal building material. The door leading to the unit is also severely damaged from lack of adequate weather protection and the driveway is unpaved with overgrown trees and shrubs. Photo 9: (0138-291-11. 1200 Block of King Stree~ CG-4- Commercial General- Theme Centers) Unimproved vehicular driveway leading to the house posing difficulty in ingress and ROSENOW SPEVACEK GROUP. INC. JULY20Q4 SAN BERNARDINO REDEVELOPMENT AGENCY UPTOWN REDEVELOPMENT PROJECT REPORT TO MAYOR AND COMMON COUNCIL - 8-12- o o o egress for cars. Also, lots of automotive parts and debris are lying around. Rust, oil, gasoline and solvents from cars can create unSafe and unhealthy living conditions. Substandard Design Substandard design is identified as a factor that prevents or substantially hinders economically viable use or capacity of the buildings or lots under Section 33031(a) (2) of the Law. A building suffers from substandard design when building sizes, setbacks, and design themes are inconsistent with surrounding buildings. A parcel exhibits conditions of substandard design when it is not consistent in size with surrounding parcels or is inadequate for its existing use. Outdoor trash, debris and other storage are also signs of substandard design. Many of these properties are inadequate for their existing use. This, in turn, can be contributed to the converted use of such properties or construction of structures not adequate for the current lot size. Furthermore, many residences have been converted to industrial and commercial uses and do not have the necessary capacity to house such a use due to their current lot size and/or configuration. Inadequate loading/unloading areas result in trucks loading and unloading in public right-of-way or parking lots, often-impending access to the business and restricting traffic movement. In conjunction to lack of loading/unloading spaces, there is often uncovered trash, debris and other storage on property. The following Photos 10 through 12 illustrate the instances of Substandard Design existing in the Project Area. ROSENOW SPEVACEK GROUP, INC. JULY 2004 SAN BERNARDINO REDEVELOPMENT AGENCY UPTOWN REDEVELOPMENT PROJECT REPORT TO MAYOR AND COMMON COUNCIL - 8-13- o Sub Area A Photo 10: (0149-222-21, Highland Avenue, CG-1 Commercial General) Single family residence converted to restaurant It can be inferred frorncthe nature of conversion, that the current use would have insufficient amenities for its current use like providing adequate customer par1dng, vehicular ingress and egress, loading and unloading spaces, and other amenities required by a restaurant The restaurant is closed and the site is for sale, an indication that the conversion was not a success. o Sub Area B Photo 11: (0134-172-02, 300 Block of Jnl Street, IH- Indusb'ial Heavy) This indusb'ial building has inadequate loading/unloading space. The way the loading/unloading dock is laid out the trucks when parked in the loading/unloading bay, would extend out into the driveway thereby resb'icting traffic movement. o ROSENOW SPEVACEK GROUP,INC. JULY 2004 -B-14- SAN BERNARDINO REDEVELOPMENT AGENCY UPTOWN REDEVELOPMENT PROJECT REPORT TO MAYOR AND COMMON COUNCIL o Photo 12: (0138-311-39, 1000 Block of Rialto Avenue, IL- Industrial Ught) Outdoor storage in the par1ting lot of a manufacturing building which is unscreened and lakes up required par1ting spaces. o Mixed and Incompatible Uses The Project Area is characterized by commercial, industrial and even residential uses located adjacent or in close proximity to each other. Sub Area A has 3% of all the parcels exhibiting incompatible adjacent uses and Sub Area B has 2.4% parcels exhibiting this blighting condition. By allowing conflicting uses to exist adjacent to each other, local residents and businesses are faced with conditions that can be detrimental to a healthful living environment and can result in declining property values. Incompatible uses present safety hazards as individuals are subjected to high levels of noise, pollution, and additional traffic hazards. There is also an increased risk of exposure to dangerous and hazardous accidents that may occur at neighboring industrial sites. These conditions adversely affect the quality of life for the local residents and impact the local businesses. Retail and industrial uses are adversely impacted by their location among different incompatible uses. These conditions can make loading access more difficult because ingress and egress to commercial properties are more complicated. This can lead to traffic congestion and overall limited expansion potential. As a result, property. values can decline due to the limited quality and quantity of development opportunities. o In order to make redevelopment of this area possible, expensive corrective measures will be needed to reduce and/or eliminate existing incompatibility. ROSENOW SPEVACEK GROUP. INC. JULY 2004 -6-15- SAN BERNARDINO REDEVELOPMENT AGENCY UPTOWN REDEVELOPMENT PROJECT REPORT TO MAYOR AND COMMON COUNCIL o Conflicting uses lead to a negative physical, social, and economic atmosphere, which leads to neglect of property and buildings. The effects of incompatible uses and the resulting declining property values and quality of life for local residence result in reduced tax revenues to the community, increased costs for public services, and a decline in public services and facilities. Re-establishing the power of eminent domain will allow the Agency to effectively buffer and/or consolidate parcels to deal with the problem of incompatible land uses. The following Photos 13 through 15 are examples of incompatible adjacent land use in the Project Area; Sub Area A o Photo 13: (0145-011-10, 800 Block of W. Highland Avenue, CG-1- Commercial General) Single-family residence next to a restaurant and lacks adequate buffers between the two incompatible uses. o ROSENOW SPEVACEK GROUP,INC. JULY 2004 -8-16- SAN BERNARDINO REDEVELOPMENT AGENCY UPTOWN REDEVELOPMENT PROJECT REPORT TO MAYOR AND COMMON COUNCIL o Photo 14: (0146'()23-13, 100 Block of E. Highland Avenue, CG-1- Commercial General) Single-family residence builds up right next to a commercial use. In this case, the single- family residence is so close to the commercial building that it is not possible to introduce any form of barrier or buffer between the two uses. Also note the cars parked in front of the house indicating lack of parking and the lack of a yard. Sub Area B o Photo 15: (Ol38-301'()3, 1100 Block of W. 3'd Street CG-4- Commercial General- Theme Centers) A Barbe(s shop in front of a single-family residence. There are no buffers between the two incompatible adjacent uses and the barber shop structure is in need of major repair. o ROSENOW SPEVACEK GROUP, INC. JULY 2004 -8-17 - SAN BERNARDINO REDEVELOPMENT AGENCY UPTOWN REDEVELOPMENT PROJECT REPORT TO MAYOR AND COMMON COUNCIL o Lots of Irregl.ar Form and SIze Lots of irregular size and shape are also prevalent in the Project Area creating a hindrance to future development. The analysis presented in this section of the Report is on a parcel by parcel basis where a parcel may consist of one or more lots owned by one or more persons and/or entities. The Project Area contains many parcels of land that are either too small, too large, or of such shape that makes them difficult to develop with modem building and development standards. In fact, there are a significant number of parcels that are vacant due to poor intersections of streets, the bisection of the I - 215 Freeway, and the insertion of on- and off-ramps in the Project Area. In fact, the median commercial parcel size2 in the Project Area is 8,000 square feet whereas the City development standard has a minimum lot requirement of 10,000 square feet for commercial development. The smaller size parcels effectively limits future redevelopment because they are unable to meet current parking, landscaping, and building code requirements. The power of eminent domain may be necessary to assemble lots or other parcels to create a parcel large enough for modern development. Assessing all the parcels in the Project Area and comparing to the City's minimum lot requirements for each General Plan land use, 70.1% of the parcels are non-conforming and do not meet the minimum lot requirement. o The following Table B-3 lists all the nonconforming parcels by land use designation. 2 According to infonnation obtained from San Bemardino County Assessor's from MetroScan 2003. o ROSENOW SPEVACEK GROUP, INC. JULY 2004 -8-18- SAN BERNARDINO REDEVELOPMENT AGENCY UPTOWN REDEVELOPMENT PROJECT REPORT TO MAYOR AND COMMON COUNCIL o o o TABLE B.3 NON CONFIRMING PARCELS UPTOWN REDEVELOPMENT PROJECT AREA General Plan Land Use Designation Non Conforming Total Number % of Non Parcels of Parcels Conforming Parcels Commercial General Commercial Office Industrial Heavy Industrial Light Public Facilnies Residential Medium Residential Heavy Residential Suburban Residential Urban 663 120 11 200 25 45 21 39 20 1144 67.3% 64.2% 100.0% 89.5% 0.0% 82.2% 61.9% 71.8% 55.0% 70.1% 446 77 11 179 o 37 13 28 11 802 Source: City of San Bernardino Information Systems In order to mitigate these blighting conditions and their effects, the Agency hopes to develop a comprehensive program that will consolidate lots and redevelop or rehabilitate them for proper future development. However, much of the housing was built over 46 years ago and subsequent commercial and industrial development occurred later where there was space, regardless of surrounding uses. By consolidating lots into larger parcels, the City would be able to unify land uses, ownerships, and improve traffic conditions created by excessive subdivided lots. Prevalence of Absentee Owners The prevalence of absentee owners can have detrimental effects on building conditions and their maintenance. In fact, a major contributing factor to the deterioration of buildings in the Project Area is the high percentage of absentee owners within the area. When owners of property do not live within the same area where the property is located, there is a less likely chance that they will visit the property on a regular basis and provide the needed maintenance. This was confirmed by San Bernardino's Code Compliance Department, which identified absentee owners as a significant contributor to the deterioration of the buildings within the Project Area. The following Table B-4 illustrates the prevalence of absentee owners in the Project Area compared to the City and other neighboring cities. ROSENOW SPEVACEK GROUP,INC. JULY 2004 SAN BERNARDINO REDEVELOPMENT AGENCY UPTOWN REDEVELOPMENT PROJECT REPORT TO MAYOR AND COMMON COUNCIL -8-19. o o o TABLE B-4 ABSENTEE OWNERS UPTOWN REDEVELOPMENT PROJECT AREA City Total Number 0 Absentee % of Absentee Parcels Owners Owners Colton 13,691 3,594 26.25% Fontana 35,574 7,107 19.98% Grand Terrace 3,696 775 20.97% Highland 13,987 3,235 23.13% Rialto 23,132 4,374 18.91% San Bernardino 55 328 18000 32.53% Untown Prolect Area 1163 833 71.63% Source: Mefroscan 2003 The significant amount of the properties owned by owners outside of the area leads to deferred maintenance, which may lead to unsafe and unhealthy working and living conditions for residents of the area. These conditions can limit future redevelopment opportunities and therefore are also a contributing factor to the economic blight in the area. Depreciated Property Values and Impaired Im._b....nt According to Applied Geographies Solutions3 data, approximately 44.4% of the residents of the Project Area are below the poverty line. Additionally, the residents of the Project Area and the overall city have substantially lower incomes when compared to the San Bernardino County and national averages. In fact, the per capita income national average is more than double the average per capita income of the Project Area residents. The limited income of the residents results in less disposable income and therefore less money for expenditures in the area and investment into their properties. Following Table B-5 is a comparison of the income levels of the Project Area residents with the City, County and national average. , Provider of demographic data ROSENOW SPEVACEK GROUP. INC. JULY 2004 - 6-20- SAN BERNARDINO REDEVELOPMENT AGENCY UPTOWN REDEVELOPMENT PROJECT REPORT TO MAYOR AND COMMON COUNCIL o o o TABLE B-5 ECONOMIC COMPARISON UPTOWN REDEVELOPMENT PROJECT AREA Uptown Uptown Uptown City f Sa County of Project Project Project B 0 rd' n San Nation Subarea A Subarea B Combined ema Ino Bernardino 2002 Population 2002 Per Capita Income 2002 Median Household Income 2002 Average Household Income 2002 Average Household Size Unemnlovment 2,053 $10,684 $44,304 $36,964 3.5 4.78% 716 $9,169 $46,587 $35,708 3.9 4.14% 2,769 $10,292 $44,894 $36,639 3.6 4.61% 187,464 $15,375 $48,182 $51,485 3.3 4.11% 1,760,908 286,999,83C $19,126 $22,128 $52,086 $44,508 $62,419 $58,807 3.3 2.7 3.17% 5.78% Source: Applied Geographic Solutions When the assessed values of properties of a specific area are increasing at a comparable rate to the surrounding areas, or the city as a whole, it is often an indicator of a healthy economy. Conversely, if the assessed values are decreasing, or decreasing at a considerably slower rate than the remainder of the city, the area's economy is likely to be in a state of decline. In order to examine the economic health of the Project Area, trends in secured property values, which include the land and improvement values, were analyzed for the fiscal years 1998-99 through 2002-03. The Project Area assessed values increased by 1.37 % annually during this period. The secured assessed value for the City increased by 1.79% annually from 1998- 99 through 2002-03. A more detailed, analysis by San Bernardino County Assessor's Parcel Map Book and Page of the Project Area assessed values revealed that despite the slow growth in the value of the entire Project Area, many blocks actually declined and did not keep pace with the Proposition 13 inflationary adjustment, due to declining market values. The analysis revealed that parcels on 16 map book pages declined in value and in addition to this, parcels on 15 more map book pages did not grow by the Proposition 13 inflationary adjustment rate of 2%. These 31 pages represent 54% of the total Project Area's blocks. The 31 blocks affected by declining or stagnant property values are listed in following Table B-6. ROSENOW SPEVACEK GROUP, INC. JULY 2004 -B-21- SAN BERNARDINO REDEVELOPMENT AGENCY UPTOWN REDEVELOPMENT PROJECT REPORT TO MAYOR AND COMMON COUNCIL o o o TABLE B.6 SECURED ASSESSED VAlUE COMPARISON UPTOWN REDEVELOPMENT PROJECT AREA 1998-99 2002-03 Annual Change City of San Bernardino $ 3,856,207,176 $ 4,131,626,923 $ 68,854,936.75 1.79% Project Area $ 106,759,788 $ 112,617,455 $ 1,464,416.75 1.37% Map Book Pages which Decreased in Assessed Value 0140-14 $ 872,449 $ 669,129 $ (50,830.00) -5.83% 0138-23 $ 757,958 $ 607,894 $ (37,516.00) -4.95% 0140-05 $ 4,698,272 $ 3,780,499 $ (229,443.25) -4.88% 0150-23 $ 3,022,888 $ 2,674,930 $ (88,989.50) -2.88% 0145-17 $ 421,588 $ 375,034 $ (11,633.00) -2.76% 0150-20 $ 2,888,697 $ 2,620,717 $ (88,995.00) -2.32% 0146-24 $ 2,210,241 $ 2,023,425 $ (46,704.00) -2.11% 0140-15 $ 3,513,171 $ 3,307,644 $ (51,381.75) -1.46% 0146-01 $ 4,090,200 $ 3,927,315 $ (40,721.25) -1.00% 0140-04 $ 2,992,995 $ 2,880,296 $ (28,174.75) -0.94% 0150-26 $ 1,676,199 $ 1,632,650 $ (10,887.25) -0.65% 0146-03 $ 3,073,206 $ 2,999,000 $ (18,551.50) -0.60% 0140-03 $ 1,710,219 $ 1,673,883 $ (9,064.00) -0.53% 0145-14 $ 838,080 $ '820,603 $ (4,369.25) -0.52% 0145-05 $ 1,010,570 $ 995,749 $ (3,705.25) -0.37% 0145-20 $ 1,185,751 $ 1,179,726 $ (1,506.25) -0.13% 0149-22 $ 3,700,209 $ 3,712,001 $ 2,948.00 0.08% 0140-21 $ 3,388,840 $ 3,418,119 $ 7,319.75 0.22% 0138-30 $ 1,074,341 $ 1,086,051 $ 2,927.50 0.27% 0145-01 $ 1,845,028 $ 1,877,333 $ 8,076.25 0.44% 0145-23 $ 1,420,439 $ 1,455,739 $ 8,825.00 0.62% 0150-21 $ 465,449 $ 484,186 $ 4,684.25 1.01% 0134-33 $ 636,301 $ 666,921 $ 7,655.00 1.20% 0140-20 $ 2,682,101 $ 2,839,903 $ 39,450.50 1.47% 0145-18 $ 601,202 $ 637,870 $ 9,167.00 1.52% 0146-23 $ 1,895,335 $ 2,024,081 $ 32,186.50 1.70% 0145-12 $ 950,267 $ 1,014,948 $ 16,170.25 1.70% 0149-19 $ 3,003,382 $ 3,221,357 $ 54,493.75 1.81% 0146-22 $ 1,622,906 $ 1,742,121 $ 29,803.75 1.84% 0150-24 $ 1,028,070 $ 1,107,049 $ 19,744.75 1.92% 0145-24 $ 5,433,860 $ 5,863,277 $ 107,354.25 1.98% Source:HDL Comn & Cone, San Bernanlino County Audnor/Controller-Reooniar ROSENOW SPEVACEK GROUP,INC. JULY 2004 -8-22- SAN BERNARDINO REDEVELOPMENT AGENCY UPTOWN REDEVELOPMENT PROJECT REPORT TO MAYOR AND COMMON COUNCIL o o o Builclng and Code VIolatIon Building and zoning code violations are indicators of blighting conditions. Table B-7 illustrates the number of code violation cases in the Project Area compared to the City. TABLE B.7 OODECOMPLIANCECASES UPTOWN REDEVELOPMENT PROJECT AREA C Code Cases 1 2 3 4 v..... " ... -~ " " 1997 794 15.96% 3,701 74.39% 452 9.09% 28 0.56% 4,975 1998 1,446 28.02% 3,253 63.04% 439 8.51% 22 0.43% 5,160 1999 2,296 37.84% 3,333 54.93% 415 6.84% 24 0.40% 6,068 2000 2,258 43.03% 2,614 49.82% 353 6.73% 22 0.42% 5,247 2001 2,762 49.49% 2,662 47.70% 146 2.62% 11 0.20% 5,581 Totals 9,558 35.35% 15,563 57.57% 1,805 6.68% 107 0.40% 27,031 UDtown Proiect Area Code ComDllance Cases 1 2 3 4 Tn'" ".... v":~~ " OL ... T::O:O OL _n~.. 1997 37 30.58% 69 57.02% 13 10.74% 2 1.65% 121 1998 19 18.81% 70 69.31% 8 7.92% 4 3.96% 101 1999 41 25.95% 104 65.82% 10 6.33% 3 1.90% 158 2000 52 48.15% 49 45.37% 5 4.63% 2 1.85% 108 2001 11 12.79% 84 74.42% 8 9.30% 3 3.49% 86 Totals 160 27.87% 356 62.02% 44 7.67% 14 2.44% 574 SourcesINotes 1) Oty of San Bemardino Information Services 2002 2) Oty of San Bernardino Code Compliance 2002 3) RSG Case CodIng 2002 4) Net of ROA means cases in redevelopment project 8l'88S were not part of the Citywide totals 5) Categories: 1= Minor VIolation. 2= Moderate Violation. 3= Major Violation, 4= OeterIorationlDilapidatlon For the five-year period of 1997-98 through 2001-02, code compliance for deterioration and dilapidation cases for the Project Area were higher by. 6 times the City average. This indicates that the Project Area still has blighting conditions that needs tei be corrected through redevelopment activities. Some code compliance problems have been outstanding and are a continuous problem for the City and the Code Enforcement personnel. Exhibit B-1 and B- 2 indicates location of the properties cited for non-compliance with the code for Sub Area A and Sub Area B respectively. ROSENOW SPEVACEK GROUP, INC. JULY 2004 -B-23- SAN BERNARDINO REDEVELOPMENT AGENCY UPTOWN REDEVELOPMENT PROJECT REPORT TO MAYOR AND COMMON COUNCIL o o 25tH , i 25TH h"_.. ... I~ i 24TH .....--- -~-_. 24TH ; l;ll , 'm III ~ ~ I~ -l ::c" :~ -L8l!!_--U! 1 ,m en---T l> . . 1rn-t < l 17TH m1~ r"'''''''- IE IF ,0' t~ l :0 I 19Tr ...----,-,--.........,........ I -tr:-.-ti------- ,C .~ ,8 '~17TH : r---- ! E 16TH ST , : 1m ~lST !~ !~ \m '.2< I. i~ 1 _.._L---L- '-- lIT!:!._ \ --.\ i 16TH . . , . _ L' I -1JL,~ NOUA ~_NOUA "^"_____ ~1A z! 1 i :~ 14TH 5! !II~ -- m TH :14TH:~ i <C VIRGINIA --i"'--jF-j Z WABASH ~ 0: 16TH AN. \ " ~. /)" / L~/ OlIVE WiD HST E1DTHST 1DTHS TEMP~E -------1 E 9THiST z ~ -l ,r 'c I" .0 VINE Il City of San Bernardino Uptown Redevelopment Project Subarea A Code Compliance Cases 1997-2001 ., . o EXHIBIT B-1: CODE COMPLIANCE CASES- SUB AREA A ROSENOW SPEVACEK GROUP, INC_ JULY 2004 - 8-24- SAN BERNARDINO REDEVELOPMENT AGENCY UPTOWN REDEVELOPMENT PROJECT REPORT TO MAYOR AND COMMON COUNCIL o , 8TH 1 ! -"-r--+--- I" I , ! '--'---~r~- 0: U); '" 31 <' oj 7TH' ._-J--""-'--~l 1 . I~ I I~ 1- +~__I__.___ _ 7TH! I i~ i ! j _L._~_.L_._____ o ill '" o m z -< 31 10 j~ j> VINE ,Q-----.--- m j________.. _~.._____..J C!~ Z - VINE o - - - I: '" .... I -------m I ~ _Vl_ ~~____ lie: r----- 0 I Z. , r.----'.t~. Z! <-..----mi----... _.~.L___._ , 1- 01 m ~l I 18 ~!._-.-.- ____~--_- PRUCE 1 ii:! ! j ffi: I ! xi j .~ \" m KINGMAN __n______._.______... I ! ; ---..-----i- ! ; "U ! i~ '" ; ,- ______J , i ! SPRUCE o W 4TH ST 3RD " ---~l'>-- o " -.0.---- o BELlEVIE I~ - !~-l--~~UEV::'L-- ~=~~:~:_______ ._. II ;?! CON~,~~!_,_.__ '0 1'1l !~ -< ~I z CONGRESS Si: ------ ~ CII ~ VAllEY Q ---.--.-.--- CII .... _~NGRESS en ""!:-TF-- ..... 1m < !~ m ,:u ,m ;0' Z o 'Z-' )> OREGON 0,-.------..---- f/ " j J~ 1 ~- '" ill CII .... .~~~l--_i B!...RCH__._~-'m , c : ~ ,. 1 ~ ,'I) , , . , 2,000 3,m m P<flAR ! OAK i ,~ ! 500 1,000 II.................................................................... . . II ..... City of San Bel'l1ardino Uptown Redevelopment Project Subarea B Code Compliance Cases 1997-2001 EXHIBIT B-2: CODE COMPLIANCE CASES- SUB AREA B o ., m m :u ,jij r m , ,-< rnlt f-- I W 6TH S1 WSTHS j"Tl , _~l!:!__l_ ~ i IIElARDE : BIRCH ,~ II........................ .........<........................ : ""': ,...."",,,... ROSENOW SPEVACEK GROUP, INC. JULY 2004 - 8-25- SAN BERNARDINO REDEVELOPMENT AGENCY UPTOWN REDEVELOPMENT PROJECT REPORT TO MAYOR AND COMMON COUNCIL o HIgh Level Gf Crime According to the Law, "a high crime rate constituted a serious threat to the public safety and welfare" constitutes a condition of economic blight. Part 1 crime data from the City's Police Department and the State of California Department of Justice crime reports were analyzed. Part 1 crime data constitutes serious criminal offenses like homicide, rape, robbery, aggravated assault, burglary, larceny theft, grand auto theft, and arson. Table B-8 below illustrates the findings of the comparative analyses. For year 1999-2000 through 2001-02, the rate of homicide in the Project Area is much higher than the rate for the City. In 1999-2000, the instances of robbery in Project Area were higher by 103%, in 2000-01, it was higher by 108% and in 2001-02, and it was higher by 113%. TABLE B.8 CRIME STATISTICS COMPARISON UPTOWN REDEVELOPMENT PROJECT AREA o Murder Robbefy Assault Rape Arson 1999-2000 Project Area No. % 2 0.5% 100 27.2% 144 39.1% 6 1.6% 6 1.6% 11 City No. 25 800 2,691 137 113 % 0.42% 13.4% 44.9% 2.3% 1.9% 7.1 2000-01 Project Area No. % 2 0.5% 126 30.8% 188 46.0% 11 2.7% 9 2.2% 7 City No. % 31 0.6% 825 14.8% 2,m 49.9% 131 2.4% 144 2.6% 2001-02 Project Area No. % 5 1.3% 145 37.1% 152 38.9% 4 1.0% 8 2.0% 19.7 City No. 36 897 2755 145 116 % 0.7% 17.4% 53.4% 2.8% 2.2% 7 Sources: City of San Bernardino InfonnBtion Service 2002 City of San Bernardino Police Deparlment 2002 The following Exhibits B-3 and B-4 illustrate the distribution of the Part 1 Crime in the Sub Area A and B respectively and Exhibits B-5 and 8-6 illustrates the occurrences of Misdemeanor crimes in Sub Area A and Sub Area B respectively, for years 1999-00 through 2001-02. The exhibits illustrate that crime is scattered throughout the sub areas and not concentrated in one area. This indicates that the entire Project Area is in need of redevelopment. o ROSENOW SPEVACEK GROUP. INC. JULY 2004 -6-26- SAN BERNARDINO REDEVELOPMENT AGENCY UPTOWN REDEVELOPMENT PROJECT REPORT TO MAYOR AND COMMON COUNCIL IOLlve -- ---_._..._-~---_. VI! 10 H 5T E 10TH 5T~ 10TH 5 I ---------~p~~- E 9TH!5T Ie 18 o L_ 26TH ("'''' 25TH jl? -2:- :J' :J: 24TH 12"---- -t L- - ---'" ' 2STH ~--'- ~; ; ....' , -ibr~'!" ._.~l.tL ___~T!:L__ 25TH 25TH 24TH 24'" _~!!?L, 1'l1 I~ .m '01 18TH t J.__. oi I I 17TH ~I ---'-~_. m 17TH 16TH T I I i NOU GN 14TH VlRGIN~ ; WABASH ",.~1jAsH o ., I- - '" I'BTll. ~:r:-- I : \z 250 500 - - 8 H T I i II I? ,. J1ST t<-"'~ im ,.- I.. i~ ~ ll!! , I ,r- i 19TH' ;m I I 1m - _u,_ut'll jr- 'e ( I~ ,8 i:g 17TH ! r>'~---- , , i E 16TH 5T , , , , I , . j 1 15TH ---+---.---.-----. ! ' i Z, I . #A j ! , ; "". , : : m ~TH !14TH!;e I '~"'--';"~-r-uF-l == 18 1 i I ):10 j , , ; VINE City of San Bernardino Uptown Redevelopment Project Subarea A Part 1 Crimes from 7/31/99 to 7/31/02 EXHIBIT B-3: PART 1 CRIMES- SUB AREA A o .. m ~ -~r, ~1 . 01 <5, <r' -lD-../ \__.-1 17TH ,..---.---- 16TH EVANS Wi 0' ~i ~; .. ,..-;, " -'>)<~" \,~// ). uQ(J\fp_ z ~ QJ II ROSENOW SPEVACEK GROUP, INC_ JULY 2004 -8-27- SAN BERNARDINO REDEVELOPMENT AGENCY UPTOWN REDEVELOPMENT PROJECT REPORT TO MAYOR AND COMMON COUNCIL !~ :?Z I~ .__.._~-..-'~--..BEu,gV,LE,':L jr tn "u' CONGREi3$ i: 'IZ 0 OREGON -I 10 !G 8r----'-- .;ii i~ ~ if'!+L___~_"'.jLN. U!! G') O! i ,m ~ B~.CIi I 1m P,LAR .;a i ,~ , .11l,~ OAK <iAK ,j; r---- 1,000 1,500 2,Q'/Pee o , , ~--oi ~i "- l~ ,., l~ i-- I~ I" I~ jZ --JL--- III ___.1",__ l~ I~ ~NI~_ 'z 10 j!B l~ z " 'i"'--~-T' -I.__._-~~ m ' :;:u i TTH! Z--T-~-- o .__\IlqroR!~_ )0 I ~---1ilj--- ----If..- ! ViCTORIA . , _ i J.6TH ,6TH j ffir--1l~! . 0:1 (I) lMi ~l ~ ~j., , , I:!! ~; '8", I--"-~"--- ! ~ ! w --t-- KING~_.__,.___ I W4TH 8T ORa o ! KING i W RIAL TO jlWE _SE RITOS " > z ~ ;0 o o " i 1-0 n_.. ......To...... jO BEUEVl :1' -I ~ 250 500 - - II- [i - , ~_...~..J I ' I - I I I ~_L____. I 1 I' !" I" !i I- i 'I~ leD I I <!! 1 7THI I --!--I"I=--r-~ jJ-J..-..L, j- ~ ~ ~~NE m @ORI SPRUCE RUCE ---~ ... ';0 ';0 '" W5TH~ Z Q !"'II tn i ~___ 4TH i ,~ ,~~~~~. ;l CONGRESS ----- III VAUEY C) III .... III III .... OAK I~---"-- City of San Bel'l1ardino Uptown Redevelopment Project Subarea B Part 1 Crimes from 7/31/99 to 7/31/02 II EXHIBIT B-4: PART 1 CRIMES- SUB AREA B o ROSENOW SPEVACEK GROUP,INC. JULY 2004 -B-28- SAN BERNARDINO REDEVELOPMENT AGENCY UPTOWN REDEVELOPMENT PROJECT REPORT TO MAYOR AND COMMON COUNCIL o 19TH T z ... Cl HSf ,. zE .THST z E ~ Cl Sf 0 17TH ST S ~ 17TH S z ST W E 6TH $T ,. 18THS ,. Sf z W .. z m F 0 E m w '" " m ... in '" 1: ~ 1: m m z "1 REECE 0 Wll z IVEST r- '" E 10TH ST Legend Sf . Lewd conduct z ST . Prostitution m '" . Marijuana offenses $! 8TH ST " . Indecent exposure ~ VINES . Other drug offenses z . HS 7THS E 7TH ST Annoying children ... "1 ~ z W ClORIA T 0 Nonsupport " z "1 . Drunk m Sf 6TH ST ... URCH f - - E 5TH ST ~ W25 ST '" g W24 ST ;; W CST 25TH S W25HST 2STHS W2 ST 500 1 000 II.............................................................. ... . 2000 - . City of San Bernardino Uptown Redevelopment Project Subarea A Various Crimes 08/97 to 08/02 EXHIBIT B-5: VARIOUS CRIMES- SUB AREA A o ROSENOW SPEVACEK GROUP, INC. JULY 2004 - 8-29- SAN BERNARDINO REDEVELOPMENT AGENCY UPTOWN REDEVELOPMENT PROJECT REPORT TO MAYOR AND COMMON COUNCIL o o o Legend . Lewd conduct . Prostitution . Marijuana offenses . Indecent exposure . Other drug offenses . Annoying children o Nonsupport . Drunk W6 ST " Z z :!! g z ~ ~ W KlNGMAN ST W 4TH ST W 2ND ST z :!! o ~ U> :!! o l: m Z -i t; w '" > W6T ST z W6 HST ~ z ~ z ~ W SPRUCE U> W PRUCE ST ~ " Z t; ~ ~ W 5TH ST -i < z z ;:: -i ;Ii '" z o z ~ z " U> -i U> l!! ill ~ !: ~ )0 W ELLEVlEW ST U> ~ U> U> "1lW NGRESS S -4 o U> ." m ~ ~ '" ~ ~ " U> U> " U> -i we EWST ~ U> -i we GRESS ST .... U> ~ " ~ W CONGRESS S ;;i ~ ~ < m '" z U> z m ,. z < m WVM..LEf ST -i ~ U> -i U> m c '" m ~ WOAKST < m W OAK ST U> ~ U> -i W CHESTNUT ST 500 II. :................ 2000 .F 3000 City of San Bernardino Uptown Redevelopment Project Subarea B Various Crimes 08/97 to 08/02 11 EXHIBIT B-6: VARIOUS CRIMES - SUB AREA B -B-30- SAN BERNARDINO REDEVELOPMENT AGENCY UPTOWN REDEVELOPMENT PROJECT REPORT TO MAYOR AND COMMON COUNCIL ROSENOW SPEVACEK GROUP, INC. JULY 2004 o o o Section F'.,.Year 1m Plan On December 20, 1999, the Agency adopted its current Five Year Implementation Plan for the Project ("Implementation Plan"). The Implementation Plan contains specific goals and objectives for the Project Area, the specific projects, and expenditures to be made during the five-year planning period, and an explanation of how these goals, objectives, and expenditures will eliminate blight within the Project Area. The Implementation Plan is not affected by this Amendment, and is incorporated herein by reference. ROSENOW SPEVACEK GROUP, INC. JULY 2004 SAN BERNARDINO REDEVELOPMENT AGENCY UPTOWN REDEVELOPMENT PROJECT REPORT TO MAYOR AND COMMON COUNCIL -C-1- o It the 8imination of Blight and Cannot Be AccoInplished by Private . Acting Alone or by the Agency's Use of Financing Alternatives Other Tfian "tax IncroIuent Section 33352(d) of the Law requires an explanation of why the elimination of blight in the Project Area cannot be accomplished by private enterprise alone, or by the Agency's use of financing alternatives other than tax increment financing. This information was previously provided in the Original Report and supporting documentation prepared and provided at the time of the adoption of the original Plan. The proposed Amendment will not make any changes that would affect the validity of the previously prepared documentation. o o ROSENOW SPEVACEK GROUP, INC. JULY 2004 -0-1- SAN BERNARDINO REDEVELOPMENT AGENCY UPTOWN REDEVELOPMENT PROJECT REPORT TO MAYOR AND COMMON COUNCIL on The Method of Financing Section 33352(e) of the Law requires inclusion of a proposed method of financing the Project. This documentation was provided in the Original Report, incorporated herein by reference. Because the Amendment will not alter the Project Area boundaries or affect the base year value of the Project Area, the Amendment will not change the method of financing the Project. o o ROSENOW SPEVACEK GROUP. INC. JULY 2004 -E-!- SAN BERNARDINO REDEVELOPMENT AGENCY UPTOWN REDEVELOPMENT PROJECT REPORT TO MAYOR AND COMMON COUNCIL on The Relocation Plan Section 33352(f) of the Law requires inclusion of a Method of Relocation for the Project. Concurrent with the adoption of the original Plans, the Agency adopted as its Method of Relocation the California Relocation Assistance and Real Property Acquisition Guidelines, as they existed or are subsequently amended. Also, as a public agency, the Agency is required to adhere to State Relocation Law to the extent relocation is necessary. The Amendment does not alter the Agency's existing Method of Relocation. o o ROSENOW SPEVACEK GROUP. INC. JULY 2004 -F-1- SAN BERNARDINO REDEVELOPMENT AGENCY UPTOWN REDEVELOPMENT PROJECT REPORT TO MAYOR AND COMMON COUNCIL o o o Section Analysis of the Preliminary Plan Section 33352(g) of the Law requires the inclusion of an analysis of the Preliminary Plan. This information was provided in the Original Report prepared at the time the original Plan was adopted. The proposed Amendment does not alter the analysis of the Preliminary Plan contained in the Original Report. ROSENOW SPEVACEK GROUP,INC. JULY 2004 SAN BERNARDINO REOEVELOPMENT AGENCY UPTOWN REDEVELOPMENT PROJECT REPORT TO MAYOR AND COMMON COUNCIL -<3-1- on Report and Recol1uncndation of the Planning Commission Section 33352(h) of the Law requires inclusion of a report and recommendation of the City of San Bemardino Planning Commission ("Planning Commission"). The Planning Commission selected a project area and prepared the Preliminary Plan on September 24, 1983, in which they recommended approval. A record of this action is documented in the approval minutes of the Planning Commission. No further action is required by the Planning Commission is required in connection with the Amendment as no change in the boundaries of the Project Area or in the scope of the proposed public improvements in the Project Area will occur as a result of the Amendment. o 10 I I , ROSENOW SPEVACEK GROUP,INC. JULY 2004 -H-1- SAN BERNARDINO REDEVELOPMENT AGENCY UPTOWN REDEVELOPMENT PROJECT REPORT TO MAYOR AND COMMON COUNCIL on Report of the Project Area Committee On February 20, 2003 the Agency held a Community meeting to infonn the residents, business and property owner of the proposed Amendment after a public notice was published in the newspaper and a newsletter sent to all the aforementioned parties. Since there will be eminent domain on residential properties occupied or designated residential in the General Plan of the City and that may displace low- and moderate-income residents, the fonnation and consultations of a Project Area Committee ("PAC") is necessary in connection with the Amendment. The PAC was provided with a.draft of the'Text of the Amendment and other related documents at least 30-days prior to the July 19, 2004 joint public hearing to consider the adoption of the Eminent Domain Amendment. o On July 6, 2004 the PAC met and voted to recommend to the Mayor and Common Council and the Community Development Commission adoption of the 2004 Eminent Domain Amendment to the Uptown Redevelopment Project Area Plan. The minutes and actions of the previous PAC meetings follow this page. o ROSENOW SPEVACEK GROUP,INC. JULY 2004 -1.1- SAN BERNARDINO REDEVELOPMENT AGENCY UPTOWN REDEVELOPMENT PROJECT REPORT TO MAYOR AND COMMON COUNCIL o o o ~ .. MINUTES UPTOWN REDEVELOPMENT PROJECT AREA COMMITTEE (PAC) CITY OF SAN BER."IARDINO REGULAR MEETING July 6, 2004 1. CALL TO ORDER Chairman Sutherland, at 7: 10 p.m., called the regular meeting to order of the Uptown Redevelopment Project Area Committee (PAC) Tuesday, July 6, 2004 in the Board Room at the Economic Development Agency. 201 North "E" Street, Suite 301, San Bernardino, CA. Those members of the PAC present are as follows: Linda Sutherland, Charlie Catren. Jack Cone. Also present: Mike Trout, Economic Development Agency. Members of the public: Steve Sutherland 2. PUBLIC COMMENTS None 3. CONSIDERATION AND APPROVAL OF THE UPTOWN PROJECT AREA COMMITTEE MINTUES MOTION: That the minutes of the Uptown Redevelopment Project Area Committee Meeting of Aprill, 2004 be reviewed as submitted in typewritten form and approved. ., MOTION: That the minutes of the Uptown Redevelopment Project Area Committee meeting of May 6, 2004 be reviewed as submitted in typewritten form and approved. A motion was made by Committee Member Jack Cone and Seconded by Committee Member Charlie Catren that the minutes of the April I, 2004 and May 6, 2004 Uptown PAC meeting be approved. The motion passed 3-0. 4. DRAFT TEXT AMENDMENT TO THE UPTOWN DEVELOPMENT PROJECT AREA PLAN. MOTION: That the Uptown Redevelopment PAC recommends to the Mayor and Common Council and the Community Development Commission to adopt the Draft Text Amendment to the Uptown Redevelopment Plan Reinstating eminent domain authority in the project area. o o ~ o 4. .....,..,.- ~ .. DRAFT TE7'T .-\ME~Di\lEi'iT TO THE UPTOW:-; DEVELOPMENT PROJECT .-\REA PLAN. (continued) A discussion ensued concerning the time length of the eminent domain authority and types of properties that when be included. Agency staff stated that, if approved. the eminent domain authority would be reinstated for a period of twelve (12) years and that all properties would be included in the eminent domain authority. Agency staff tilrther stated that the authority for eminent domain in the Uptown Redevelopment Project Area would not be used to acquire any property for the Lakes and Streams project That would either be the City or the Water Department much like the School District acquiring property for the new school located in the Central City North Redevelopment Project Area. A motion was made by Committee Member Jack Cone, seconded by Committee Member Charlie Catren that the Uptown PAC recommend to the Mayor and Common Council and the Community Development Commission that they adopt the Draft Text Amendment to the Uptown Redevelopment Plan reinstating the power of eminent domain within the project area. The motion passed 3-0. 5. ADJOURNMENT A motion was made by Committee Member Jaek Cone, seconded by Committee Member Charlie Catren that the meeting be adjourned to Tuesday, August 3, 2004 at 7:00 pm. in the Board Room of the Economic Development Agency, 201 North "E" Stret:l, S~ite 301, San Bernardino, CA. The motion passed 3-0. The meeting was adjourned at approximately 7:45 p.m. By: Jack Cone, Vice Chainn\lnlSecretary t o AGENDA . UPTOWN PROJECT AREA COMMITTEE CITY OF SAN BERNARDINO Regular Meeting Thursday, June 3, 2004 Economic Development Agency 20 I North "E" Street, Suite 30 I San Bernardino, CA 7:00 p.m. o NOTICE TO THE PUBLIC THIS MEETING HAS BEEN CANCELED I ., , .;" . , , . . . , " .... \ ':~f;.::f.i):.;,.~..~.":.> . ':: :~_: ';.r, "':;'~'.ii;::i;;'D~.(:i~i~~~~,. '" ,,';l;:'-'"t;.t~~~~ji~I~:l~~\tl'~~l~~ ~'; , -, - ~".", Jot. :>o;"~~~~,'...I.'~. ...,,._~:~.~~:..'" ;,": .>~:"_::i: .'~[;:~}i3~tW:~~~tt~.~~~~\' .....~:r:..,..... ..~. " ,',' -~'. '~~~'r;~~'~-.~!_;.' -::" \,.~~ . , ': ~::;'..-, 6~ :;:,.. o o ~. . . MINUTES UPTOWN REDEVELOPMENT PROJECT AREA COMMITTEE (PAC) CITY OF SAN BERNARDINO REGULAR MEETING May 6, 2004 1. CALL TO ORDER Mike Trout called the meeting to order at 7:20 p.m., Thursday, May 6, in the Board Room at the Economic Development Agency, 201 North "E" Street, Suite 301, San Bernardino, CA. Due to the fact that there was not a quorum of PAC members present, no PAC business was conducted. The next meeting will take place on Thursday, June 3, 2004 at 7:00 p.m. in the EDA Board. Those members of the PAC present are as follows: Charlie Catren. Also present: Mike Trout, Economic Development Agency. Members of the public: none 2. PUBLIC COMMENTS None 3. CONSIDERATION AND APPROVAL OF THE UPTOWN PROJECT AREA COMMITTEE MINTUES MOTION: That the minutes of the Uptown Redevelopment Project Area Committee Meeting of April I, 2004 reviewed as submitted in \ Typewritten form and approved. 4. DISCUSSION OF DRAFT ENVIRONMENTAL IMP~.CT REPORT (EIR) FOR THE UPTOWN/CENTRAL CITY NORTH PLAN AMENDMENTS 5. REPORT ON UPTOWN REDEVELOPMENT PROJECTS 6. TOPIC(S) FOR FUTURE DISCUSSION There was a discussion among the committee members concerning having LSA, the EIR Consultant, to be at the next meeting to explain the EIR. Mike Trout told the committee members that he will contact LSA about being at the next PAC meeting. 7. ADJOURNMENT By: Jack The meeting was adjourned at approximatel L o o o. . , MINUTES UPTOWN REDEVELOPMENT PROJECT AREA COMMITTEE (PAC) CITY OF SAN BERNARDlNO REGULAR MEETING April 1 , 2004 1. CALL TO ORDER Chainnan Sutherland, at 7:05pm, called the regular meeting to order for the Uptown Redevelopment Project Area Committee (PAC) Thursday, April I, 2004 in the Board Room at the Economic Development Agency, 201 North "E" Street, Suite 301, San Bernardino, CA. Those members of the PAC present are as follows: Linda Sutherland, Charlie Catren, Jack Cone. Also present: Mike Trout, Economic Development Agency. Members of the public: none 2. PUBLIC COMMENTS None 3. CONSIDERATION AND APPROVAL OF THE UPTOWN PROJECT AREA COMMITTEE MINTUES MOTION: That tlie minutes of the Uptown Redevelopment Project Area Committee Meeting of March 25, 2004 reviewed as submitted in Typewritten fonn and approved. " A motion was made by Committee Member Jack Cone aAd Seconded by Chairman Linda Sutherland that the minutes of the March 25, 2004 Uptown PAC meeting be approved. The motion passed 3-0. 4. DISCUSSION OF INITIAL STUDY FOR THE UPTOWN/CENTRAL CITY NORTH PLAN AMENDMENTS It was discussed the need for the Initial Study and the part that it plays in determining whether or not a full EIR is required. The Initial Study looked at the affects to the environment as a result of the reinstatement of eminent domain in the Uptown and Central City North project areas; the Mercado Santa Fe development project; and the General Plan Amendment/Zone Change within Uptown Subarea "B" for. The proposed zone change will affect the area bordered by "K" Street, 1-215, 3n1 and 2nd Street. The . zone change woUld be from Industrial Light (IL) to Commercial General (CG). o o o. \ , . 5. REPORT QN UPTOWN REDEVELOPMENT PROJECTS , Mike Trout provided an update to the committee members concerning the progress of land acquisition and clearing within Subarea "B" as it relates to the proposed Mercado Santa Fe development. Site clearance of the acquired properties on K Street should start within the next two weeks. Committee members were given a copy of the Screen Check EIR (SCEIR). They were also provided with a draft copy of the amendment to the Uptown Redevelopment Project Area Plan reinstating the authority of eminent domain. 6. TOPIC(S) FOR FUTURE DISCUSSION There was a discussion among the committee members concerning having LSA, the EIR Consultant, to be at the next meeting to explain the EIR. Mike Trout told the committee members that he wiII contact LSA about being at the next PAC meeting. 7. ADJOURNMENT A motion was made by Committee Member Charlie Catren, seconded by Committee Member Jack Cone that the meeting be adjourned to Thursday, May 6,2004 at 7:00 p.m. in the Board Room of the Economic Development Agency, 20 I North "E" Street, Suite 301, San Bernardino, CA. The motion passed 3-0. The meeting was '~djourned at approximately 8:05 p.m. "'- ne, Vice Chairman/Secretary ',' o o o MINUTES UPTOWN REDEVELOPMENT PROJECT AREA COMMITTEE (PAC) CITY OF SAN BERNARDINO REGULAR MEETING March 25, 2004 1. CALL TO ORDER Mike Trout called the PAC meeting of the Project Area Committee (pAC) for the Uptown Redevelopment Project Area to order at 7:10p.m., Thursday, March 25, 2004 in the Board Room at the Economic Development Agency, 201 North "E" Street, Suite 301, San Bernardino, CA. Those members of the PAC present are as follows: Linda Sutherland, Charlie Catren, Jack Cone. Also present: Mike Trout, Economic Development Agency. Members of the public: none 2. PUBLIC COMMENTS None 3. ELECTION OF PAC OFFICERS A motion was made by Committee Member Jack Cone and seconded by Committee Charlie Catren that Committee Member Linda Sutherland and Committee Member Jack Cone be appointed as the Uptown PAC Chairman and Vice Chairman/Secretary respectively. The motion passed 3-0. , 4. DISCUSSION OF FUTURE PAC MEETINGS A discussion took place between the Committee and EDA staff concerning the date, time and location of future PAC meeting. A motion was made by Committee Member Charlie Catren, and seconded by Committee Member Jack Cone that future meetings of the PAC take place on the first Thursday of each month at 7:00 p.m. in the Board Room of the Economic Development Agency. The motion passed 3-0. Additionally, members of the PAC and EDA staff discussed the make-up of the PAC; what categories were vacant; the total number of persons that can serve on the PAC. o o o 5. DlSCUSSIQN OF INITIAL STUDY FOR THE UPTOWN/CENTRAL CITY NORTH PLAN AMENDMENTS Mike Trout, EDA Project Manager, briefly discussed the Initial Study process and the need for an Environmental Impact Report (EIR.). He stated that PAC members would have the opportunity to review the EIR, the Report to Mayor and Common Council and the Text of the Amendment. He explained that any comments of the PAC would be .~ included for consideration in the staff report for the adoption of the Amendment to the Uptown Redevelopment Project Area Plan. Additionally, Mike Trout gave a status report on the Mercado Santa Fe project in within the Subarea B portion of the Uptown Project Area. It was decided among the committee members that they would go through and discuss the Initial Study at the next PAC meeting. 6. TOPIC(S) FOR FUTURE DISCUSSION None were discussed 7. ADJOURNMENT A motion was made by Committee Member Charlie Catren, seconded by Committee Member Jack Cone that the meeting be adjourned to Thursday, April 1, 2004 at 7:00 p.m. in the Board Room of the Economic Development Agency, 201 North "E" Street, Suite 301, San Bernardino, CA. The motion passed 3-0. The meeting was adjourned at approximately 8:05 p.m. ." o o o MINUTES UPTOWN REDEVELOPMENT PROJECT AREA COMMITTEE (PAC) CITY OF SAN BERNARDINO REGULAR MEETfNG March 18,2004 1. CALL TO ORDER Mike Trout called the PAC meeting of the Project Area Committee (PAC) for the Uptown Redevelopment Project Area to order at 7: 15p.m., Thursday, March 18,2004 in the Board Room at the Economic Development Agency, 201 North "E" Street, Suite 301, San Bernardino, CA. Those members of the PAC present are as follows: Linda Sutherland, Charlie Catren. Also present: Mike Trout, Economic Development Agency. Members of the public: 2. PUBLIC COMMENTS 3. ELECTION OF PAC OFFICERS 4. DlSCUSSION OF FUTURE PAC MEETINGS a. Place b. Date c. Time ~ I 5. DISCUSSION OF INITIAL STUDY FOR THE UPTOWN/CENTRAL CITY NORTH PLAN AMENDMENTS 6. INITIAL STUDY FORCCN REDEVELOPMENT PROJECT AREA PLAN 7. ADJOURNMENT There was not a quorum of PAC members therefore no PAC business was conducted. The next meeting of the PAC will be March 251h, 7 p.m. in the Board Room of the Economic Development Agency, 201 North "E" Street, Suite 301, San Bernardino, CA. The meeting was adjourned at approximately 7:35p.m. o o o SeeliO; General Plan Section 333520) of the Law requires a finding of General Plan conformance per Section 65402 of the Government Code. Concurrent with the original adoption of the Plan, the Planning Commission adopted a finding that the Plan conformed to the City's General Plan. This Plan Amendment extends the eminent domain authority over residential properties, occupied or with a General Plan residential land use designation. This Plan Amendment would not affect the previous finding of conformity with the City's General Plan land uses. ROSENOW SPEVACEK GROUP,INC. JULY 2004 SAN BERNARDINO REDEVELOPMENT AGENCY UPTOWN REDEVELOPMENT PROJECT REPORT TO MAYOR AND COMMON COUNCIL -J-I- 011 Environmental Impact Report Section 33352(k) of the Law requires environmental clearance prepared pursuant to Section 21151 of the Public Resources Code. The EIR was included in the Original Report and is incorporated herein by reference. o For the Amendment, an Initial Study was prepared pursuant to California Environmental Quality Act guidelines, and based upon the analysis contained in the Initial Study; the Agency proposes the presentation of a Program Environmental Impact Report for the sections that comprise the proposed 'project" for CEOA purposes. These include the reinstatement of eminent domain in Central City North and Uptown Redevelopment Project Areas, as well as other entitlement actions within Sub Area B of the Uptown Project Area. The Agency is proposing amendments to Central City North as well as the Uptown Redevelopment Plan as well to make certain changes to the text . in each Plan. These changes will reinstate the power of eminent domain within both project areas. As such in June 2004, an EIR for the proposed amendment was completed. On July 19, 2004, the Agency will consider a resolution to approve and adopt the EIR. A copy of the Initial Study and EIR are included as Exhibit 1 to the Report. A Program EIR was prepared for the amendment as some projects were not analyzed for potential impacts in the original environmental documentation. The proposed projects that are being addressed in the Program EIR are a General Plan Amendment IZone Change and analysis of a future retail development project. o ROSENOW SPEVACEK GROUP,INC. JULY 2004 -K-l- SAN BERNARDINO REDEVELOPMENT AGENCY UPTOWN REDEVELOPMENT PROJECT REPORT TO MAYOR AND COMMON COUNCIL on Report of the County FISCal Officer The proposed Amendment does not alter the Project Area boundaries; therefore, the base year report for Project Area prepared pursuant to Section 33328 of the Law by the City of San Bernardino Auditor-Controller and State Agency of Equalization, respectively ("Base Year Report"), does not need to be reformulated. The Base Year Reports are included in the Original Report and incorporated herein by reference. o o ROSENOW SPEVACEK GROUP,INC. JULY 2004 -L-1- SAN BERNARDINO REDEVELOPMENT AGENCY UPTOWN REDEVELOPMENT PROJECT REPORT TO MAYOR AND COMMON COUNCIL 01:1 Neighborhood Impact Report The Redevelopment Law requires that a Neighborhood Impact Report discuss the impact the Plan will have on low and moderate income persons or families in the following areas: relocation, traffic circulation, environmental quality, availability of community facilities and services, effect on school population and quality of education, property assessments and taxes, and other matters affecting the physical and social quality of the neighborhood. The Neighborhood Impact Report must also address: the number of dwelling units to be removed or destroyed; the number of low or moderate income persons or families expected to be displaced; the general location of housing to be rehabilitated or constructed; the number of dwelling units to house persons and families of low or moderate income planned for construction or rehabilitation; the projected means of financing the aforementioned dwelling units; and the projected timetable for meeting the Plan's relocation, rehabilitation and replacement housing objectives. Relocation o At this time, full redevelopment of the Project Area is not expected to cause substantial relocation. Agency staff does not anticipate the removal or destruction of dwelling unit as of the date of this Report. If relocation activities are undertaken, the Agency will handle those relocation cases, which result from project activities on a case-by-case basis, in accordance with its Method of Relocation. As an Agency formed under the provisions of state law, the Agency is required to adhere to the State Relocation Law (Govemment Code Sections 7260 through 7277) and follow the Califomia Relocation Assistance and Real Property Acquisition Guidelines ("State Guidelines') as established in the Califomia Code of Regulations, Title 25, and Chapter 6. Prior to commencement of any acquisition activity, which will cause substantial displacement of residents, the Agency will adopt a specific relocation plan in conformance with the State Guidelines. To the extent appropriate, the Agency may supplement those provisions provided in the State Guidelines to meet particular relocation needs of a specific project. Such supplemental policies, if adopted in the Agency's sole discretion, will not involve reduction, but instead enhancement of the relocation benefits required by State Law. o ROSENOW SPEVACEK GROUP, INC. JULY 2004 .M.1. SAN BERNARDINO REDEVELOPMENT AGENCY UPTOWN REDEVELOPMENT PROJECT REPORT TO MAYOR AND COMMON COUNCIL o o o T.cdI"lC CirculatIon The Amendment will allow the Agency to construct road improvements, either to directly address inadequacies, such as widening of streets or provide improvements that will alleviate existing pressure on major thoroughfares, which would otherwise be delayed indefinitely without Agency assistance. EnvInH'm....ta1 Quality The Amendment seeks to eliminate continuing blighting conditions and cause improvements including traffic circulation, sewer, storm drain, streetscape, parking, and other improvements. The Initial Study reviewed the impacts of the Amendment, including the potential new development and public improvements that could be facilitated by the Agency. The Initial Study found that there would be potentially significant impact of the quality of environment in the areas of Air, Noise, Transportation/Circulation, Land Use, and Planning. As a result, a Program Environmental Impact Report has been prepared to deal with these issues. Availability of Convnunity Facilities and ServIces The Plan provides that any redevelopment activity is to be subject to, and consistent with, the policies set forth in the City's General Plan, Development Code, and local codes and ordinances, as they now exist or are hereafter amended; the General Plan incorporates policies to mitigate impacts on public services. The Initial Study found that there would be potentially significant impact to the cultural resources. The Initial Study found that there would be no impact to public services, utilities or sewer systems. All potentially significant impacts have been examined and analyzed as a part of the Program Environmental Impact Report. Effect on Sd100I Population and Quality of Education The Project Area is served by the San Bernardino Unified School District ("School District"). While activity to be undertaken by the Agency pursuant to the Plan at this point in time may encourage additional development within the Project Area, the School District that serves the Area will receive state . property tax revenues, development fees for new school construction, and mandatory payments from the Agency every year over the life of the Plan. As identified in the Public Services Report in Section 2.0 of the Draft Environmental Impact Report, this Amendment will not create additional need for new schools in the area. Adoption of the Amendment will not result in development in excess of that allowed by the City's General Plan. Therefore, the adoption of the Amendment will not cause the Project Area to generate more students than could occur in connection with development allowed in the General Plan. Since the City has adopted policies in the General Plan to mitigate impacts of General Plan build out on schools, adoption of the Amendment will not create ROSENOW SPEVACEK GROUP. INC. JULY 2004 SAN BERNAROINO REDEVELOPMENT AGENCY UPTOWN REDEVELOPMENT PROJECT REPORT TO MAYOR AND COMMON COUNCIL -M-2- o significant unmitigated impacts. The potential impact of additional students on area schools can be more accurately determined once specific redevelopment proposals are formulated. In addition, the overall impact of the Amendment on school facilities will be positive, as redevelopment activities will result in enhanced economic viability of the Project Area and thus a larger tax revenue base for the School Districts. Additionally, pursuant to the Law, the Agency is required to make tax-sharing payments to the affected taxing entities, including school districts, from its annual allocation of tax increment revenues. The payments are designed to alleviate any financial burden or detriment that the affected taxing entities may incur as a result of the adoption of the Amendment. ...~ Taxes and AsS! ssrr.....t.. Because redevelopment agencies do not have the authority to levy taxes, implementation of the Amendment will not cause an increase in property tax rates. Rather, the principal method of financing will be the utilization of tax increment revenues generated by the Project Area. Tax increment financing merely reallocates property tax revenues generated by increases in the assessed value of property in the Project Area. Although development of the Project Area will increase the assessed valuation, property owners will not experience increases in property taxes beyond those normally allowed by other state law and state constitutional provisions. o Low and Moderate Income Housing ..."",..n1 A. Number of Dwelling Units Housing Low and Moderate Income Households Expected to be removed by the Redevelopment Project The Agency does not anticipate that adoption of the Amendment would cause the removal of any housing units in the Project Area, as of the date of this Report. B. Number of Persons and Families of Low and Moderate Income Expected to be displaced by the Redevelopment Project As discussed above, the Agency does not anticipate that the adoption of the Amendment would cause the displacement of any persons or families of low and moderate income in the Added Area, as of the date of this Report. C. General Location of Replacement Low and Moderate Income Housing to be Rehabilitated, Developed, and Constructed The Agency has prepared a Housing Affordability Compliance Plan ("Compliance Plan"), which is part of the 1999 Implementation Plan for the Project Area. The Compliance Plan addresses the Agency's housing production needs. As set forth in the Compliance Plan, the c ROSENOW SPEVACEK GROUP, INC. JULY 2004 -M-3- SAN BERNARDINO REDEVELOPMENT AGENCY UPTOWN REDEVELOPMENT PROJECT REPORT TO MAYOR AND COMMDN COUNCIL o Agency does not anticipate undertaking any activities at this time which will result in the destruction or removal of dwelling units housing persons and families of low or moderate income and thus the Agency does not have any replacement obligations under Section 33413(a) of the Law. In the event that any such destruction or removal should occur, the Agency is bound by the Law to replace within four years, by a variety of means, any low and moderate income dwelling units removed by a redevelopment project. In addition, the Agency does not anticipate the construction of any residential units; therefore, the Agency does not have any inclusionary housing requirements under Section 33413(b) of the Law. D. Number of Dwelling Units Housing Persons of Low and Moderate Income Planned for Construction or Rehabilitation Other than Replacement Housing Because the Agency has not yet formulated and approved specific housing proposals, it is difficult to determine the exact number or location of low and moderate income units expected to be rehabilitated over the life of the Project. In addition, funds over the next five years in particular are very limited and there is little vacant land remaining in the Project Area. E. Projected Means of Financing Rehabilitation and New Construction of Housing for Low and Moderate Income Households o The Agency intends to utilize not less than 20% of the Project's tax increment revenues to finance the rehabilitation and construction of housing for low and moderate-income households, in accordance with the provisions of the Law, as it now exists or may hereafter be amended. The Agency will also cooperate with the City to pool funds and resources beyond the tax increment set aside funds if it is determined to be necessary by both bodies in order to improve the City's affordable housing stock. F. Projected Timetable for Meeting the Plan's Relocation, Rehabilitation, and Replacement Housing Objectives The adoption of the Amendment is not expected to cause the Agency to remove or relocate any dwelling units in the Project Area. The time frame for rehabilitating units pursuant to the Plan will be subject to the availability of housing fund revenues. Rehabilitation activities will be gradually phased in over each of the remaining years of the Plan. o ROSENOW SPEVACEK GROUP. INC. JULY 2004 .M-4- SAN BERNARDINO REDEVELOPMENT AGENCY UPTOWN REDEVELOPMENT PROJECT REPORT TO MAYOR AND COMMON COUNCIL o A Summary of Agency Consultation with Affected Taxing Agencies As a part of the Original Plan's adoption activities, the Agency consulted with affected taxing agencies to discuss the Plan's impacts and formulate fiscal mitigation agreements. The proposed Amendment would not detrimentally impact affected taxing agencies because the Amendment does not affect the financing of the Project Area in any way, nor will it change the plan's land use policies or list of public improvement projects. On June 18, 2004, the Agency transmitted the notice of the July 19, 2004, joint public hearing to all affected taxing agencies. Thus far, the Agency has not been contacted by any taxing agencies seeking consultations regarding the Amendment. o o ROSENOW SPEVACEK GROUP,INC. JULY 2004 -N-1- SAN BERNARDINO REDEVELOPMENT AGENCY UPTOWN REDEVELOPMENT PROJECT REPORT TO MAYOR AND COMMON COUNCIL o Initial Study and Program Environmental Impact Report The Initial Study and Program Environmental Impact Report are herein incorporated by this reference as part of this Report and provided under separate cover. o o ROSENOW SPEVACEK GROUP, INC. JULY 2004 SAN BERNARDINO REDEVELOPMENT AGENCY UPTOWN REDEVELOPMENT PROJECT REPORT TO MAYOR AND COMMON COUNCIL o o o CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT INITIAL STUDY Project Title: Reinstatement of Eminent Domain in the Uptown (Subarea A and B) and Central City North Redevelopm~nt Project Areas Lead Agency Name:. City of San Bernardino Economic Development Agency Address: 201 North "E" Street, Third Floor San Bernardino, CA 92401-1507 Contact Person: John Hoeger Phone Number: (909) 663-1044 Project Location (AddressINearest cross-streets): The Uptown Redevelopment Project Area includes two subareas in the City of San Bernardino. Subarea A is located along Higbland Avenue and Baseline Street from Interstate 215 on the west to Waterman Avenue on the east, and along "E" Street,'from Eighth Street on the south to Highland Avenue on the north, as designated in the Uptown Environmental Impact Report (January, 1986). Subarea B is bound by the Santa Fe Railroad yard to the north (directly north of Third Street), Interstate 215 on the east, Rialto Avenue and King Street oIithe south, and Mount Vernon Avenue on the west. Figure 1 shows the regional location of the Uptown Redevelopment Project Area, and Figure 2 shows the Project Area boundaries for each Subarea. The Central City North Project Area is encompassed by Eighth Street on the north, Fourth Street/Court Street on the south, Arrowhead A venue on the east, and Interstate 215 on the west; Figure 3 shows the Central City North Redevelopment Project Area boundaries. Project Sponsor: Address: City of San Bernardino Economic Development Agency 201 North "E" Street, Third Floor San Bernardino, CA 92401-1507 Description of Project The City of San Bernardino Economic Development Agency (SBEDA) proposes the preparation of an Environmental Impact Report for the proposed project, which includes the reinstatement of eminent domain in the Central City North and Uptown Redevelopment Project areas, as well as specific projects within Subarea B of the Uptown Project Area. The EDA is proposing amendments to the Central City North Redevelopment Plan and the Uptown Redevelopment Plan to make certain changes to the text in each Plan to reinstate the power of eminent domain within the Project Areas for 12 years to enable the Agency to retain eminent domain as an available tool in implementing each Redevelopment Plan. In addition, there is proposed development activity in Subarea B of the Uptown Redevelopment Plan Area that will require environmental review. The Uptown Redevelopment Plan The Uptown Redevelopment Project Area includes 433 acres within two subareas in the City of San Bernardino. Subarea A is comprised of 349 acres of commercial area along Higbland Avenue and Baseline Street between Interstate 215 on the west and Waterman Avenue on the east, and along E Street, between 63Wptown-CNN Initial StudylMarch 13, 2003 IS-l CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT o INITIAL STUDY Eighth Street on the south to Highland Avenue on the north. Subarea B is comprised of 84 acres bounded by Third Street and the Santa Fe Railroad yard to the north, Interstate 215 on the east, Rialto Avenue and King Street on the south, and Mount Vernon A venue on the west. The proposed text changes to the Plan do not amend, modify, change or affect the physical or regulatory environment with regard to implementation of the Uptown Redevelopment Plan. The use of eminent domain in the Uptown Redevelopment Project Area was originally part of the Uptown North Redevelopment Plan when it was adopted in May 1986. This Plan was considered and evaluated in the Uptown Program EIR prepared for the Plan in 1986. Eminent domain powers in the Uptown Redevelopment Project Area expired June 18, 1998. o In addition to the reinstatement of eminent domain, there are two projects proposed for Subarea B. The fIrst is a reuse project which includes the development of approximately 88,000 square feet of commercial space (general retail) and 550 parking spaces on 8.9 acres. The proposed project may include additional parldng in the form of a two-level, 240-car parking structufe intended for the use of Metrolink passengers who board across Third Street adjacent to the Santa Fe Depot Building. These project components would require the removal three existing single-family residences and 72,500 square feet of commercial buildings that are currently partly vacant and partly used for general retail. The second project is a City -initiated zone change. Although there is no proposed development project at this time, the City is initiating a zone change from Light Industrial (IL) to a General Commercial (CG-l) District in a two-block area bounded by 1-215 on the east, "K" Street on the west, Third Street on the north and Second Street on the south. Both "I" Street and Kendall Avenue would be vacated in this two block area. The CG-I designation is intended to provide for a variety of retail, personal service, entertainment, and offIce and related commercial uses along major transportation corridors and intersections to service the needs of residents; reinforcing existing commercial corridors and centers and establishing new locations as residential growth occurs. Related projects that are currently underway include the restoration of the Santa Fe Depot Building (an . environmental analysis of traffIc and parking was previously completed for this refurbishment), and the proposed freeway widening and on/off ramp modifIcations that Caltrans will undertake. Figures 4 through 7 show examples of existing conditions in the portions of the Uptown Redevelopment Project Area. Central City North Redevelopment Plan The Central City North Redevelopment Project Area is a 278-acre area delineated by the 1-215 Freeway on the west; Eighth Street on the north, Arrowhead Avenue on the east and. Fourth Street/Court Street on the south (Fourth Street between the freeway and E Street, and Court Street between E Street and Arrowhead Avenue). Figure 3 illustrates the boundaries of the Central City North Redevelopment Project Area. o The use of eminent domain in the Central City North Redevelopment Project Area was originally part of the Central City North Redevelopment Plan when it was adopted in February 1973. This Plan was considered and e~a1uated in the Overall Central City Plan and Program EIR prepared for the Plan in 1975. Eminent domain powers in Central City North expired on January I, 1999. 6331Uptown-CNN Jnitial StudyJMarcb 13, 2003 IS-2 o o c CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT INITIAL STUDY The proposed text change$.to the Plan do not amend, modify, change or affect the physical or regulatory environment with regard to implementation of the Central City North Redevelopment Plan as described in the 1975 Program ElR. Environmental documents for significant projects since 1975 include an ElR and Traffic Impact Analysis for a 12-story office building and an EIR and NEPA document for a 20-screen theater complex. Other projects currently in the planning stages, located within the boundaries of the Central City North Redevelopment Project Area, but which are not redevelopment projects, include a proposed 48,525 square foot elementary school with a capacity of 841 traditional or 1,051 year round students on a 100acre site to be asSembled by the School District. This project is the subject of a Draft EIR currently in preparation by the School District. The Draft EIR has not been released for public review at the time of this Initial Study, butis anticipated to be released in the very near ,future. Two senior residential projects are also planned in the Project Area; these two projects will add a total 150 residential units. Finally, portions of the Lakes and Streams project, a joint water planning project between the City of San Bernardino and the San Bernardino Municipal Water District is being considered in this Redevelopment Project Area. These projects are the subject of separate environmental documents but will be addressed in the cumulative analysis of this EIR. ~ 633JUplown-CNN Initial SludylMarch 13, 2003 lS-3 i {f, . '-. --.,,(" o \ " \ \~ 'L ~ u\ .. .J .,fr, \ " ~ Dl N, -- o ...... NORTH Not to Scale , ~ -.. .." .... . "''' 50' LEGEND: _ Central City North _ Uptown ....... j ~ L --1 City limits ...........,- - 11 c City of San Bernardino ECONOMIC DEVELOPMENT AGENCY Uptown and Central City North Redevelopment Project Areas San Bernardino, California Figure 1 c DB . EJ[illdrnrnOD . .. BCJrnrn. , EJDDDJ DO 1.11 In 0 DR~DD [ [ [ [ [ o o II DJDI II . . III Dl 18 ~ ~~:I I , I ~ SUBAREA "A" SUBAREA "B" --- --- -.- Uptown Redevelopment Project Area San Bernardino, California Figure 2 o fl o .. o . i ~ = ~ -< ... .. Q,I .~ ~ d'~ Q,I e 6.s l:I.O- ,gB Q,I . ~ 0 Q).5 1l] ~e 'E~ o l;j Z'" ~ U - = .. ... . = Q,I U o o o CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT INITIAL STUDY The California Environmental Quality Act (CEQA) requires that when a project has been evaluated in an Environmental Impact Report (EIR), the lead agency must make a determination that any changes in the project description after the project has been approved will not have a significant effect on the environment. The Uptown Redevelopment ProjeCt EIR was prepared in 1986 and the Overall Central City Project Area Redevelopment Plan EIR was prepared in 1975. According to CEQA Guidelines Section 15162, when an EIR has been certified for a project, no subsequent EIR shall be prepared unless the lead agency determines that changes in the project or in the circumstances under which the project will be carried out, could cause potentially significant effects on the environment not already addressed in the certified EIR. This Initial Study has been prepared to provide information to the Agency about the existing physical, and regulatory environment that may affect redevelopment of the Uptown and Central City North Redevelopment AreaS. Although the Redevelopment Projects and their boundaries ate the same, aad the reinstatement of eminent domain as a tool to facilitate redevelopment in the Project Area does not, in and of itself, constitute ~ignificant new information, changes in the existing physical or regulatory environment during the past 27 years since the adoption of the Central City North Redevelopment Plan and 16 years since the adoption of the Uptown Redevelopment Plan, cumulative projects occurring within the Cenqal City Project Area, and prpposed reuse projects in the Uptown Project Subarea B, may be considered substantial with respect to the circumstances under which the project is undertaken (CEQA Guidelines 15162 (a)(2)). 6331Uptown-CNN Initial SntdyfMarch 13. 2003 IS-7 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT o INITIAL STUDY ENVIRONMENTAL F ACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. . 181 Land Use and Planning 181 Transportation/Circulation' 181 Public Services 181 Population and Housing 0 Biological Resources 181 Utilities 0 Earth Resources 0 Energy and Mineral Resources 181 Aesthetics 0 Waler 181 Hazards 181 Cultural Resources 181 Air Quality 181 Noise 0 Recreation 181 Mandatory Findings of Significance Determination. o On the basis of this Initial Study/Environmental Checklist, the Economic Development Agency of the City of San Bernardino finds: That the proposed project COULD NOT have a significant effect on the environment, and 0 a NEGATIVE DECLARATION will be prepared. . That although the proposed project could have a significant effect on the environment, there 0 will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared. That the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. That although the proposed project could have a significant effect on the environment, there 0 WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier EIR pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. YiJJ.AilJf/. W Signature OJ /'''/03 Date C YAielZ/B C.RO'f15 CiTY fLMJjJeR- Printed Name I 633lUptown-CNN Initial StlldylMarch 12, 2003 IS-8 o o o CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT INITIAL STUDY Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact I. LAND USE AND PLANNING. Will the proposal result in: a) A conflict with the land use as [81 .0 .0 .0 designated based on the review of the General Plan Land Use PlanfZoning . Districts Map? . b) Development within an Airport District .0 .0 .0 [81 as identified in the Air Installation Compatible Use Zone (A1CUZ) Report and the Land Use Zoninl! District Man? c) Development within Foothill Fire Zones .0 .0 .0 [81 A & B, or C as identified on the Land Use Districts Zoninl! Map? d) Other? .0 .0 .0 .0 . ll. POPULATION AND HOUSING. Will the proposal: a) Remove existing housing (including [81 .0 .0 .0 affordable housing) as verified by a site survey/evaluation? b) Create a significant demand for [81 .0 .0 .0 additional housing based on the proposed use and evaluation of project size? , . c) Induce substantial growth in an area [81 .0 .0 .0 either directly or indirectly (e.g., through projects in an undeveloped area or an extension of major infrastructure)? . ~ . 6331Uptown-C~ Initial Stu:lylMm::h 13. 2003 IS-9 o o o CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT INITIAL STUDY Potentially ... Significant Potentially Unless . Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact . ID. EARTH RESOURCES: Will the proposal result in: a) Earth movemenl (cut and/or fill) on 0 0 0 181 slopes of 15% or more based on - information contained in the Preliminary Project Description Form No. D? . b) Development and/or grading otJ.a slope 0 0 0 181 greater than 15% natural grade based on review of General Plan HMOD map? c) Erosion, dust or unstable soil conditions 181 0 0 0 from excavation, grading or fill? I' d) Development within the Alquist-Priolo 181 0 0 0 Special Studies Zone as defined in . Section 12.0-Geologic & Seismic, Figure 47, of the City's General Plan? e) Modification of any unique geologic or 0 0 0 181 physical feature based on field review? t) Development within areas defined as 0 0 0 181 having high potential for water or wind erosion as identified in Section 12.0- . GeologiC &: Seismic, Figure 53, of the City's General Plan? g) Modification of a channel, creek or river 0 0 0 181 based on a field review or review of USGS Topographic Map (Name) San Bernardino. South. h) Development within an area subject to 0 0 181 0 landslides, mudslides, subsidence or , other similar hazards as identified in Section 12.O-Geologic & Seismic, Figures 48, 51, 52 and 53 of the City's General Plan? 6331Uptowo-CNN bWaI SIndyIM_ 13, 2003 IS-1O o o o CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT INITIAL STUDY Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Inco1]lOrated Impact Impact i) Development within an area subject to a a 18I a liquefaction as shown in Section 12.0- Geologic & Seismic, Figure 48, of the City's General Plan? D Other? a Q a a N. WATER. Will the nroDosal result in: a) Changes in absorption rates, drainage 18I a a a patterns, or the rate and amount of surface runoff due to impermeable surfaces that cannot be mitigated by Public Works Standard Requirements to contain and convey runoff to approved storm drain based on review of the proposed site plan? b) Significant alteration in the course or a a a 18I flow of flood waters based on consultation with Public Works staff? . c) Discharge into surface waters or any a a a 18I alteration of surface water quality based on requirements of Public Works to have runoff directed to approved storm drains? d) Changes in the quantity or quality of a a a 18I ~und water? e) Exposure of people or property to flood a a a 18I . hazards as identified in the Federal Emergency Management Agency's Flood Insurance Rate Map 06071 C7940F and Section 16.0-Flooding, Figure 62, of the City's General Plan? f) Other? a a a a 6331Uptown-CNN Initial StudylMarch 13, 2003 IS-II o o o CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT INITIAL STUDY I. Potentially . Significant Potentially Unless Less Than Significant Mitigation Significant No Impact IncOJ:porated Impact Impact V. AIR OUALITY. Will the proposal: a) Violate any air quality standard or I8l 0 0 0 contribt,lte to an existing or projected air quality violation based on the thresholds. in the SCAQMD's "CEQA Air Quality - Handbook"? . b) Expose sensitive receptors to PQilutants? I8l 0 0 0 c) Alter air movement, moisture, or 0 tJ 0 I8l temperature, or cause any change in climate? d) Create objectionable odors based on I8l 0 0 0 information contained in the Preliminary Environmental Description Form? VI. TRANSPORTATION/CIRCULATION. Could the proposal result in: a) A significant increase in traffic volumes I8l 0 0 0 on the roadways or intersections or an increase that is significantly greater than the land use designated on the General Plan? . b) Alteration of present patterns of I8l 0 0 0 circulation? c) A disjointed pattern of roadway I8l 0 0 0 improvements? d) ImPl;lct to rail or air traffic? 0 0 0 I8l e) Insufficient parking capacity on-site or I8l 0 0 0 off-site based on the requirements in Chapter 19.24 of the Development Code? 6331UptownOlN Inmal SludyIMucl> 13.2003 IS-12 o o o CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT INITIAL STUDY Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact f) Increased safety hazards to vehicles, 0 0 0 181 bicvclists or oedestrians? g) Conflict. with adopted policies 0 0 0 181 sUDoortinl! alternative transportation? , h) Inadequate emergency access or access 0 0 0 181 to nearbv uses? i) Other? , 0 0 0 a . - VII. BIOLOGICAL RESOURCES. Could the proposal result in: a) Development within the Biological 0 0 0 181 Resources Management Overlay, as identified in Section W.O-Natural Resources, Figure 41, of the City's General Plan? b) Impacts to endangered, threatened or rare 0 0 0 181 species or their habitat (including, but not limited to, plants, mammals, fish, insects and birds)? c) Impacts to the wildlife disbursal or 0 0 0 181 mil!fation corridors? d) Impacts to wetland habitat (e.g., marsh, 0 0 0 181 riDarian and vernal ooon? e) Removal of viable, mature trees based on 0 0 0 181 information contained in the Preliminary Project Description Form and verified by site survey/evaluation (6" or greater trunk diameter at 4N above the ground)? f) Other? 0 a 0 a 6331UpO>W>>CNN Iniliol StudyIM_ 13, 2003 IS-l3 o o o CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT INITIAL STUDY Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact VIII. ENERGY AND MINERAL RESOURCES. Would the DfODOSal: a) Conflict with adopted energy 0 0 0 181 conservation olans? Use non-renewable resources in a . b) 0 0 0 181 wasteful and inefficient manner? I. c) Result in the loss of availability.of a 0 0 0 181 known mineral resource that would be of future value to the region and the residents of the State? IX. HAZARDS. Will the oroDOsal: a) Use, store, transport or dispose of 0 0 181 0 hazardous or toxic materials based on information contained in the Preliminary Environmental Description Form, No. G(l) and G(2) (including, but not limited to, oil, pesticides, chemicals or radiation)? . b) Involve the release of hazardous 0 181 0 0 substances? c) Expose people to the potential 0 181 0 0 health/safetv hazards? . d) Other? 0 0 0 0 X. NOISE. Could the OroDOSal result in: a) Development of housing, health care 0 0 0 181 facilities, schools, libraries, religious facilities or other noise sensitive uses in areas where existing or future noise levels exceed an Ldn of 65 dB(A) exterior and an Ldn of 45 dB(A) interior as identified in Section 14.O-Noise, Figures 57 and 58 of the City's Gene(ai Plan? 6331U~ lnilial StudylMuch 13,2003 1S-14 o o o CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT INITIAL STUDY -:- Potentially Significant . Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact b) Development of new or expansion of ~ 0 0 0 existing industrial, commercial or other uses which generate noise levels above an Ldn of 65 dB(A) exterior or an Ldn of 45 dB(A) interior that may affect areas containing housing, schools, health care . facilities or other sensitive uses based on information in the Preliminary Environmental Description FOIDl No. G( I) and evaluation of surrounding land uses No. C, and verified by site survev/evaluation? c) Other? 0 0 0 0 XI. PUBUC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: -:- a) Fire protection? ~ 0 0 0 b) Medical Aid? ~ 0 0 tJ c) Police orotection? 18I 0 0 0 d) Schools? ~ 0 0 0 e) Parks or other recreational facilities? ~ 0 0 0 t) Solid waste disnosal? ~ 0 0 0 g) Maintenance of public facilities, ~ 0 0 0 including roads? h) Other governmental services? ~ 0 0 0 633JUpt0wn..CNN Initial StudyJMarcb 13,2003 IS-15 o o o CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT INITIAL STUDY Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact Xll. UTll.ITIES: Will the proposal, based on the responses of the responsible Agencies, Departments, or Utility Company, impact the following beyond the capability to provide adequate levels of service or require the < .. construction of new facilities? a) Natural gas? . ~ 0 0 0 < b) Electricitv? ~ 0 0 0 c) Communications svstems? ~ 0 0 0 d) Water distribution? ~ 0 0 0 e) Water treatment or sewer? ~ 0 0 0 t) Storm water drainage? ~ 0 0 0 g) Result in a disjointed pattern of utility ~ 0 0 0 extensions based on review of existing patterns and prooosed extensions? h) Other? 0 0 0 0 XllI. AESTHETICS. a) Could the proposal result in the 0 . 0 0 ~ obstruction of any significant or important scenic view based on evaluation of the view shed verified by site survev/evaluation? b) Will the visual impact of the project ~ 0 0 0 create aesthetically offensive changes in . the existing visual setting based on a site survey and evaluation of the proposed elevations? c) Create significant light or glare that ~ 0 0 0 could impact sensitive receptors? d) Other? 0 0 0 0 6331Upcown-CNN Initial StudyIMarch 13.2003 IS-16 o o o CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT INITIAL STUDY Potentially .- Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact XN. CULTURAL RESOURCES. Could the proposal result in: a) Development in a sensitive [8] 0 0 0 archaeological area as identified in Section 3.0-Historical, Figure 8, of the . . City's General Plan? b) The alteration or destruction of l! [8] 0 0 0 prehistoric or historic archaeological site by development within an archaeological sensitive area as identified in Section 3.O-Historical, Figure 8, of the City's General Plan? c) Alteration or destruction of a historical [8] 0 0 0 site, structure or object as listed in the City's Historic Resources Reconnaissance Survev? d) Other? 0 0 0 0 XV. RECREATION. Would the oronosal: a) Increase the demand for neighborhood or 0 0 0 [8] regional parlcs or other recreational facilities? b) Affect existing recreational 0 0 0 [8] opoortunities? 6331UptoWD-CNN Initial StudyJMarch 13, 2003 IS-17 o o o CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT INITIAL STUDY Potentially .. Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact XVI. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to 0 0 0 ~ degrade the quality of the environment, substantially reduce the habitat of a fish < or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to elilninate a plant or animal community, reduce the. number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory? b) Does the project have the potential to ~ 0 0 0 achieve short -term, to the disadvantage of lone:-term, environmental e:oals? c) Does the project have impacts that are ~ 0 0 0 individually limited, but cumulatively considerable? ("Cumulatively considerable". means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other cuo:ent projects, and the effects of probable future proiects.) d) Does the project have environmental ~ 0 0 0 effects which will cause substantial adverse effects on human beings, either directly or indirectly? 6331Upt<>wl>-QlN Imlbl StudyIM_ 13.2003 IS-I8 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT o INITIAL STUDY REFERENCES. The following references cited in the Initial Study are on file in the Planning and Building Services DepartmentlPublic Works Division. I. Resolution No. 4890 and Program EIR for the Uptown Redevelopment Plan 2. Resolution No. 2659 and Overall Central City Redevelopment Project EIR 3. City of San Bernardino General Plan. 4. City of San Bernardino General Plan Land Use PlanIZoning Districts Map. 5. City of San Bernardino General Plan Environmental hnpact Report. 6. Alquist-Priolo Earthquake Fault Zones Map. 7. South Coast Air Quality Management District, CEQA Air Quality Handbook. 8. Federal Emergency Managerrtent Agency, Flood Insurance Rate Maps. 9. Public Works Standard Requirements - water. 10. Public Works Standard Requirements - grading. DISCUSSION OF IMPACT LEVELS AND MITIGATION MEASURES I. LAND USE AND PLANNING o a) . The Uptown Redevelopment Project Area includes two separate Subareas (Subarea A and Subarea B) within the City of San Bernardino. Subarea A consists of the commercial areas along Highland Avenue and Baseline Street, from Interstate 215 on the west to Waterman Avenue on the east, and along "E" Street from Eighth Street on the south to Highland Avenue on the north. Subarea B is bounded by the Santa Fe Railroad yard to the north, Interstate 215 on the east, Rialto Avenue and King Street on the south, and Mount Vernon Avenue to the west. The Central City North Project Area is encompassed by Eighth Street on the north, Fourth Street/Court Street on the south, Arrowhead Avenue on the east, and Interstate 215 on the west; Figure 3 shows the Project Area boundaries. The redevelopment plans for these areas allow the City of San Bernardino to reduce the blighted conditions within each study area and bring the land uses into conformance with the existing land use designations for that area. Most neighborhoods and business districts within the project areas are largely unchanged from their condition as described in the respective EIRs; characterized with strip commercial land uses with businesses which tend to locate in the areas often for short periods of time. Residential developments were observed in all areas, and some industrial developments currently exist in the west portion of Subarea A.According to the Uptown EIR, the Redevelopment Project will continue to be predominantly used for commercial land uses in Subarea A; Subarea B would include commercial, industrial, and residential land uses. The Central City North area is characterized by commercial, institutional and government uses, and residential properties. o The proposed development project within the Uptown Subarea B would include approximately 88,000 square feet of commercial retail space, parking for approximately 550 vehicles, and potentially parking for 240 vehicles in a 2-level parking structure to augment parking for the Metrolink Station. The site is located on 8.9 acres of land located near Third Street and "f' Street. The existing City General Plan designation at this location is Light Industrial (IL), the development of 88,000 square feet of 6331UptowD-CNN Initial StudylMarcb 13.2003 IS-19 c o o CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT INITIAL STUDY commercial retail space would require a General Plan Amendment to a General Commercial Land Use designation. The proposed project also involves the demolition of three single-family residences, and 72,500 square feet of existing retail space that has suffered from numerous vacancies and under- utilization. The City is also initiating a change in landuse in a two-block area bounded by 1-215 on the east, "K" Street on the west, Third Street on the north and Second Street on the south. Both "I" Street and Kendall Avenue would be vacated in this two block area. Although there is no proposed development project at this time, the City is initiating a zone change from light Industrial (IL) to a General Commercial (CG-I) District. The CG-I designation is intended to provide for a variety of retail, personal service, entertainment, and office and related commercial uses ~ong major transportation corridors and intersections to service the needs of residents; reinforcing existing commercial corridors and centers and establishing new locations as residential growth occurs. The EIR will analyze the proposed land use amendments and the loss of existing residential and commercial structures. b) The project areas are not within an Airport District as identified in Land Use Zoning District Maps. The closest airstrips or airports are located approximately 4';4 miles to the east (San Bernardino International Airport, former Norton Air Force Base) and approximately 10 miles to the west (Rialto Municipal Airport). There are no significant project-related impacts associated with airports or airfields. b) The projectareas are not located in a Foothill Fire Zone as outlined on Figure 61 of the City's General Plan. II. POPULATION AND HOUSING a) The proposed project includes the reinstatement of eminent domain in order to facilitate redevelopment within the specified Project Areas. Residential neighborhoods within both project areas may be impacted if these uses are not in conformance with the land use designation for the area, as envisioned by the respective Redevelopment Plans. The proposed development project within.the Uptown SubareaB encompassing approximately 88,000 square feet of commercial retail space, parking for approximately 550 vehicles, and potentially parking for 240 vehicles in a two-ievel parking structure to augment parking for the Metrolink Station, would be located on 8.9 acres of land located near Third Street and "f' Street. The proposed project also 'involves the demolition of three single-family residences, and 72,500 square feet of existing retail space that has suffered from numerous vacancies and under-utilization. The EIR will address the loss of existing residential and commercial structures. c) The implementation of eminent domain to acquire and assemble properties and redevelop land within the Project Areas des<;ribed. Redevelopment in the Uptown and Central City North Project Areas will create additional employment opportunities. In addition, the Redevelopment Plan objectives aim to 633/Up1:ow1t-CJ"N Initial SrodylMarch 13, 2003 IS-20 o o o d) CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT INITIAL STUDY increase housing opportunities for a wide range of income levels. However, the project may not result in a significant demand for additional housing, as housing is needed for low and moderate income residents that currently reside in the community, and would seek the employment opportunities that would likely result from the redevelopment projects, would be the highest priority. With regard to the Central City North Project Area, there are a number of projects currently proposed in that area that are not redevelopment projects, but never the less, would occur within the boundaries of the Redevelopment Project Area. At least two of these projects would require the removal of existing housing, including many single family homes. The cumulative effects of the removal of housing and relocation of residents will be evaluatedin the EIR. Note: the draft EIR for the proposed elementary school on 10 acres (San Bernardino Unified School, District eroject) within the Central City North project area will address removal of residences and relocation of residents for that project. The draft EIR's release for public review has notoccurred but is anticipated to occur in the near future. c) The reinstatement of eminent domain wilf not result directly in infrastmcture expansion that was not previously considered in the respective Redevelopment Plans or the City's General Plan. However, the upgraded infrastmcture that would result from the proposed development project within the Uptown Subarea B on 8.9 acres ofland located near Third Street and "f' Street may result in inducing . additional growth and development in this Subarea surrounding the Santa Fe Depot. This type of growth inducement is the goal of the Redevelopment Planning process and will be addressed in the EIR. m. EARTH RESOURCES a-c) The majority of the area encompassed within the redevelopment project areas is developed on relatively flat topography. As there are vacant sites throughout the area and the project may involve demolition of existing stmctures for redevelopment, site grading and additional soil and building . materials may be necessary. Site specific soil engineering and foundation investigations would be required forconstmction projects within the respective redevelopment areas, and for the proposed development project in Subarea. B,in accordance with development standardsadrninistered by the City's Development Services and Public Works Divisions. Dust will be generated whenever grading or demolition isnecessaryc New rules and regulations adopted by the South Coast Air Quality Management District (SCAQMD) have been enacted since the adoption of the Redevelopment Projects and Program EIRs. Such rules include regular watering on a daily basis to reduce dust hazards during constmctionin accordance with SCAQMD Rule 403. Rule 403 requires implementation of best available fugitive dust control measures during grading and constmction activities with additional measures implemented under high wind conditions. See Section V - Air Quality for additional information on dust control and particulate matter that could be generated by development within the project area. The EIR will address impacts associated with grading and demolition related to erosion 311d dust control. The City of San Bernardino is situated in a seismically active region where numerous faults are located that are capable of generating moderate to large earthquakes. The San Andreas Fault zone traverses the } 63Wptown-C~N Initial StudyIMarch 13, 2003 IS-2l o o o CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT INITIAL STUDY City in a northwest-southeast direction along the foothills of the San Bernardino Mountains. The Uptown Project Area (Subarea A) is located approximately 2Yz miles south of the San Andreas Fault System. The San Jacinto Fault System also traverses the City through Cajon and Lytle Creeks, generally to the southwest/west of the Project Area. The Uptown Project Area (Subarea B) is within one mile northeast of the San Jacinto Fault System. The Glen HelenlLoma Unda Fault Systems mn parallel of the San Jacinto Fault System, according to Figure 47 of the City General Plan, the Uptown Project Area (Subarea B) lies within the approximate alignment of the inferred San JacintolLoma Unda Fault line. Further studies may be required in Subarea B to determine the location of any subsurface active faulting. The proposed project in Subarea B will be required to address the inferred fault location to the satisfaction of the Building Official prior to issuance of building permits. These fault zones are located within Alquist-Priolo Special Study Zones, a designation given when surface rupture may occur in the immediate vicinity due to movement along these faults. The redevelopment project areas are located outside the limits of the Alquist-Priolo Special Studies Zones for the San Andreas, San Jacinto, Lorna Linda, and Glen Helen faults as defined in the City's General Plan (reference Figure 47 of the City's General Plan) therefore surface rupture is not likely to occur in these Project Areas; however, the Uptown Project area B is located in-line with the inferred fault alignment of the San JacintolLoma Unda faults therefore the potential for ground rupture is present, however the risk is unknown based on current information. The project areas, like most of the City, are likely to experience peak ground acceleration from a maximum credible earthquake of magnitude 8.5 on the San Andreas Fault, 7.5 from the San Jacinto and Glen Helen Faults (reference Figure 46 of the General Plan). Groundshaking is due to seismic waves emanating from the epicenter after initial movement on the fault. Groundshaking will impact structures during earthquakes. The magnitude of the impact is related to the construction of the building and its foundation. The City has adopted seismic performance standards for all new construction. Any new buildings proposed must be constructed in conformance with the UnifOrm Building Code and any additional performance standards adopted by the City. It is anticipated that major earthquake groundshaking will occur during the lifetime of redevelopment projects in the Project Areas from either the San Andreas or the San Jacinto fault systems. Due to the likelihood of earthquakes to occur within either of the large fault zones, the City requires soils/geotechnical studies for development projects to determine any impacts likely to occur on a specific project site. These would also be required of all government buildings in the project areas. Site-specific geotechnical investigations would routinely be prepared for new development projects requiring earthwork to be performed. Recommendations of the investigations are routinely incorporated in the design and construction of new projects. TheEIR will generally address these issues and describe City and other building requirements in areas susceptible to impacts associated with earthquakes. e) The project area does not contain any unique geologic or physical features. f) Neither of the project areas is located in an area identified as having High Potential for Water or Wind erosion as shown on Figure 53 of the City's General Plan. 6331Uptown-CNN Initial StudylMarcb 13. 2003 IS- 22 o o o CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT INITIAL STUDY g) The Uptown Subarea A and Central City North project areas both lie within the Wann Creek drainage area, and the Uptown Subarea B lies within the Lytle Creek drainage basin. However, as currently proposed neither reinstatement. of eminent domain nor the commercial retail project would result in modification of either creek or associated channels. h) Almost the entire land area within the two project areas exists in a potential subsidence area as shown on Figure 51 of the City's General Plan. According to Section 12 - Geologic and Seismic, Subsection F of the General Plan, the historic area of subsidence was within the thick, poorly consolidated alluvial and marsh deposits of the old artesian area north of Lorna Linda. Figure 51 in the City's General Plan shows a generalized area that takes in most of the City of San Bernardino between Highland Avenue on the north and the 1-10 Freeway on the south. Potential subsidence within this area may be as great as five to eight feet if groundwater is depleted from the Bunker Hill-San Timoteo Basjn. Since 1972, the San Bernardino Municipal Water District has maintained groundwater levels through recharge to percolation basins that in time" filters bacKinto the alluvial deposits. Problems with ground subsidence have not been identified since the groundwater recharge program began. However, this issue will be discussed in the EIR. . Landsliding can occur during an earthquake in areas where there are extreme changes in elevation such as in the foothills or mountain areas of the City. Neither project areas occurs within an area susceptible to landslides as shown on Figure 52 of the General Plan. i) Sections of both the Uptown and the Central City North project areas are susceptible to liquefaction, as referenced on Figure 48 of the General Plan. Liquefaction.is a phenomenon that occurs when strong earthquake shaking causes soils to collapse from a sudden loss of cohesion and undergo a transformation from a solid state to a liquefied state. This happens in areas where the soils are saturated with groundwater. Loose soils with particle size in the medium sand to silt range are particularly susceptible to liquefaction when subjected to seismic groundshaking. Mfected soils lose all strength during liquefaction and failure of building foundations can occur. As development projects are proposed, site-specific geotechnical liquefaction reports will be required by the City's Public Works Division to determine potential surface ground failures from liquefaction prior to site development/redevelopment. This is a standard requirement for development proposals in areas subject to liquefaction. The standards provided in those geotechnical reports are determined to be adequate to mitigate the effects of liquefaction; no additional analysis is required in the EIR. IV. WATER a-d) The Uptown (Subarea A) and the Central City North project areas lie within the Warm Creek drainage area of the upper Santa Ana River watershed. The entire study area (both project areas) has been urbanized and the drainage is currently managed via the existing streets and urban storm drain systems. Subarea B is located within the Lytle Creek drainagebasiII with all runoff channeled by the "K" Street Storm Drain into Lytle Creek. The permeable soils within the Subareas also reduce any risk of flooding. 633JUptown-CNN Initial StudylMarch 13,2003 IS-23 o o o e) V. a-b) CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT INITIAL STUDY The proposed reinstatement of eminent domain for the Uptown and Central City North redevelopment project areas would not produce changes in absorption rates, drainage patterns or the rate and amount of surface runoff not previously identified in the respective EIRs. As development projects are proposed, drainage and erosion control plans must be prepared in accordance with development standards as administered by the City's Development Services and Public Works Divisions. The proposed development project located in Subarea B will be required to address site-specific drainage design details through the Development Review process with the City Development Services and Public Works Divisions. This issue will be addressed in the EIR. The Project Areas do not occur witIiin a loo-year Flood Plain as shown on Fignre 62 of the City's General Plan. AIR OUALITY Air quality is affected by both the' rate and location of pollutant emissions.' and by meteorological conditions which influence movement and dispersal of pollutants. Atmospheric conditions such as wind speed, wind direction, and air temperature gradients, along with local topography, provide the link between air pollutants and air quality. The City of San Bernardino is in the northeast portion of the South Coast Air Basin (SCAB), which includes Orange County, and portions of Los Angeles, Riverside, and San Bernardino counties. The SCAB is an area of 6,600 square miles bounded by the Pacific Ocean to the west and the San Gabriel, San Bernardino, and San Jacinto mountains to the north and east. The mountains reach heights of up to 11,000 feet above mean sealevel (rnsl) and act to prevent airflow and thus the transport of air pollutants out of the basin. The San Bernardino Valley portion of the SCAB is designated a non-attainment area for nitrogen dioxide,sulfates, particulate matter, and ozone. The criteria pollutants identified in the SCAB that would be associated with the proposed project include: -Ozone (03) -Carbon monoxide (CO) - Nitrogen dioxide (N~) - Particulate matter (PMIO) - Sulfur dioxide (S~) - Reactive Organic Compounds (ROC) . Redevelopment within the Uptown and Central City North Redevelopment Project Areas may result in demolition, construction and site grading. A typical redevelopment project will not exceed SCAQMD air quality thresholds. However, since the South Coast Air Basin is in non-attainment status for ozone and suspended particulates (PMIO) standard measures have been adopted by the City based on SCAQMD Rule 403 to minimize the project contribution to regional emission of criteria pollutants. Additionally, fugitive dust generated by construction activities would add to the arrtbient PMIO levels but should not exceed SCAQMD threshold of 150 lbslday after standard dust abatement procedures are 6331UpIO~ Initial StudylMarch 13, 2003 IS-24 o o VI. e a) CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT INITIAL STUDY c-"<l) applied. However, cumulatively, construction projects may exceed thresholds in the short-term. This issue will be discussed in the EIR. The City's General Plan policies 10.10.2 and 10.10.4 require dust abatement measures during grading and construction operations, and cooperation with SCAQMD by incorporating pertinent local implementation provisions of the SCAQMD. Implementation of Rule 403 and standard construction practices during all operations capable of generating fugitive dust, will include but not be limited to the use ofhest available control measures, such as: 1) Water active grading areas and staging areas at least twice daily as needed; 2) Apply water or soil stabilizers to form crust on inactive construction areas and unpaved work areas; 3) Snspend grading activities when wind gusts exceed 25 mph; 4) Sweep public paved roads if visible soil material is carried off-site; 5) Enforce on-site-speed limits on unpaved surfaces to 15 mph; and 6) Discontinue construction activities during Stage 1 smog ~pisodes. Therefore, the reinstatement of eminent domain for the Uptown Project Area would not alter the requirements for projects to comply with hdes and regulations regarding air quality. However, there are a number of proposed projects within the Central City North Project Area that cumulatively, may adversely affect air quality. In addition, the proposed development project within the Uptown Subarea B which encompasses approximately 88,000 square feet of commercial retail space, parking for approximately 550 vehicles, lind potentially parking for 240 vehicles in a 2-level parking structure to augment parking for the Metrolink Station, located on 8.9 acres of land located near Third Street and "f' Street, may exceed air quality thresholds. The EIR will include an Air Quality analysis of both project and cumulative impacts. The local climate can be classified as Mediterranean with hot and dry summers and short, warm and relatively dry winters. Temperatures range from a low of 320 Fahrenheit in the winter toa high in excess of 100" during the summer. Mean annual temperature is 650. Average annual precipitation for the area is 18 inches, which is almost exclusively rain. Proposed reinstatement of eminent domain would not affect the physical environment The redevelopment plans for the project areas are consistent with the City's General Plan and zoning with regard to permitted land uses in each project area (although the proposed development project in Uptown Subarea B would require a GP A). Plan implementation and adoption of eminent domain would not increase air emissions over that considered in the Uptown or Central City EIRs. Reinstatement of eminent domain to facilitate redevelopment in the Project Areas will not result in objectionable odors. Land use designations in the Project Area are predortrinately professional and commercial office uses. However, the proposed development projeCt in Subarea B and related parking structure for the Metrolink, may cumulatively result in odors associated with vehicle exhaust. This issue will be addressed in the EIR. TRANSPORTATION As the project areas undergo redevelopment, there would likely be an increase the number of vehicles traversing within the area, but result in a general improvement in traffic circulation conditions in the 633/Uptown-CNN Irlilial StudylMattb 13.2003 IS-25 o ble) o CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT INITIAL STUDY City. A common goal of the Redevelopment Project areas is to encourage circulation improvements, parking facilities and transit services. The reinstatement of the powers of eminent domain establish on of the tools available to the EDA in accomplishing such goals but would not result in direct impacts to traffic and circulation within the project areas. The proposed development project within the Uptown Subarea B encompasses approximately 88,000 square feet of commercial retail space, parking for approximately 550 vehicles, and potentially parking for 240 vehicles in a two-level parking structure to augment parking for- the Metrolink Station, is located on 8.9 acres of land located near Third Street and "f' Street. The proposed project also involves the demolition of three single-family residences, and 72,500 square feet of existing retail space that has suffered from numerous vacancies and under"utilization.. The EIR will include an analysis of increased trips generated by the proposed development project as well as the proposed zone change from IL to CG-I in a nearby area within Subarea B. The reinstatement of eminent domain would not result in the alteration of the present pattern of circulation in either project area. Similarly, the reinstatement of eminent domain will not change the basic paths or patterns of circulation in the immediate area, and will not create any disjointed roadway improvements. One of the primary goals of the Redevelopment Plan is to encourage circulation improvements and transit use within the specified project areas. However, the EIR will address the cumulative impact of roadway improvements associated with the proposed development project and the proposed zone change from IL to CG-I in Subarea B and generally describe proposed roadway improvements that may occur with development of other proposed projects in the Central City North project area by others. This issue will be discussed under cumulative impacts in the EIR. d) The reinstatement of eminent domain would likely not impact rail or air traffic. The nearest airports are located approximately four miles to the east (San Bernardino International Airport, former Norton Air Force Base) and approximately ten miles to the west (Rialto Municipal Airport). The nearest passenger railroad operation is the Amtrak Station at Third Street and Mt. Vernon, located immediately north of the _ Yptown Subarea B Project Area The project would not likely stimulate any activity that would place - demands on rail or air traffic, nor interfere with their operations. The proposed projectin Subarea B should result in enhanced accessibility and greater parking availability for the Metrolink station. e) All parking fOr individual projects would likely be provided on-site for future development projects. Parking spaces for individual projects within each project area would be in compliance with the reqIJirements of Chapter 19.24 of the City of San Bernardino Development Code. One of the goals of the redevelopment plans is to improve access to parking facilities throughout the project areas. Theproposed Subarea B project may include a 2-level parking structure to provide additional parking for Metrolink and the Santa Fe Depot, the parking needs of the proposed development project and adjacent uses in Uptown Subarea B will be analyzed in the EIR. 1) o The reiustatement of eminent domain would not affect proposed roadway improvements planned by the City of San Bernardino, or the County of San Bernardino in its redevelopment of the County Government Center area. This area is located in the east side of Arrowhead A venue immediately outside the Ceutral City North project area boundary. Increased traffic associated with growth in the 6331Uptown-C~ IRiDal SrudylMarch 13.2003 IS~ 26 o o o CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT INITIAL STUDY redevelopment project areas would not interfere with existing vehicle flows or bicyclists and pedestrians. Both project areas are urban and includes sidewalks, crosswalks, and signalized intersections with pedestrian crossing lights at the busiest intersections. Bicycle use has increased in recent years, as employees of minimum wage jobs have adopted this as a viable mode of transportation. Consideration of bicycle lanes could resolve any future conflicts between cyclists and vehicles. This issue will be qualitatively discussed in the ElR. g) The reinstatement of eminent domain will not conflict with adopted policies supporting alternative modes of transportation, and the implementation of the proposed project in Subarea B should result in enhanced accessibility and greater parking availability for the Metrolink station. h) New and redeveloped construction design will include adequate emergency access on-site as standard requirements by City public safety departments. Design plans for these projects must be in compliance with the City's Development Code and will be reviewed and approved by the City Fire Marshal and Police Department prior to site disturbance. Therefore, the reinstatement of eminent domain would not affect emergency response. VII, BIOLOGICAL RESOURCES a-c) The project areas do not occur within a Biological Resources Management Overlay as shown on Figure4l of the City's General Plan. The California Department of Fish and Game maintains a Natural Diversity Database that lists threatened and/or endangered species that occur within a given area. Both project areas"occur within the San Bernardino South Quandrangle. Wildlife species listed , within the quandrangle do not occur within the boundaries of each project area due to the area's urban development. Additionally, no sensitive plant or animal species are expected to occur due to the highly disturbed nature of the area and urban surroundings. Development within and surrounding the project areas has eliminated any wildlife corridors that may have occurred in the past. Reinstatement of eminent domain and development of properties in either project area would not affect biological resources. d) The project areas do not contain wetland or riparian habitat. Uptown Subarea A and Central City North project areas lie within the Warm Creek drainage area of the upper Santa Ana River watershed. The Creek has been channelized and lined with concrete. It is maintained)as a flood control channel and does not represent a natural habitat, therefore, reinstatement of eminent domain would not affect Warm Creek. The Uptown Subarea B Project Area lies within the Lytle Creek drainage basin. Currently areas of Lytle Creek are highly disturbed with sand and gravel excavation occurring within the wash area. The existing creek conditions and riparian habitat would not be impacted by either the reinstatement of eminen.t domain or the proposed project within the Uptown Subarea B Project Area. ,e) Many mature trees occur throughout both project areas. Removal of some mature. trees may be required to accommodate site construction and/or grading/paving activities. The City reqnires an applicant to prepare an arborist's report on the condition of mature trees that have six inch or greater trunk diameters. A Tree Removal Permit would be issued concurrent with project approval for the anticipated removal of mature trees in conjunction with any proposed development in accordance with 6331Uptown-CNN Initial StudylMarch 13,2003 lS-27 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT o INITIAL STUDY Development Code Section 19.28.090. Reinstatement of eminent domain would not affect the status of existing trees in theProject Area, and the existing ornamental landscaping within the boundaries of the proposed development project in Subarea B would be assessed during Development Review. . VIII. ENERGY AND MINERAL RESOURCES a) Reinstatement of eminent domain and development of properties in the Project Areas would not result in any conflicts with adopted energy conservation measures as required by the City of San Bernardino. Compliance with existing codes, ordinances, recognized conservation measures, ongoing "best available technology" and the City's General Plan would occur with Agency approval of final project plans for any development projects to reduce any net decrease in -enef!~y resources. As proposed, redevelopment in the project areas would not create any significant demand on existing/planned energy resources and facilities, since most of the properties are already developed with urban uses. In addition, county, state and federal construction projects, or projects proposed by the School District, which may occur in the project areas are 'not subject to City building review, must still comply with state and federal guidelines for energy conservation. b) Non-renewable resources to be used by contractors during redevelopment include diesel fuel, and natural gas. All uses shall be designed to be efficient; no wasteful use of non-renewable resources will occur. Reinstatement of eminent domain would not alter this requirement. o b) Reinstatement of eminent domain and the development of properties in the Project area would not result in the loss of valuable mineral resources because the areas are not identified by the state Department of Conservation as a mineral resource area due to urbanization. Lytle Creek is identified as a resource for aggregate material. Neither the proposed reinstatement of eminent domain nor future development projects that may be proposed in the redevelopment areas would not affect that resource because projects would redevelop existing urban uses. Redevelopment may include aggregate resources in the construction of parking lots and buildings. Steel, concrete, and asphalt would be required as part of c.onstruction. These resources are commercially available in the local area without any constraint and no potential for adverse impacts to . . the natural resource base supporting these materials is forecast to occur over the foreseeable future. This demand is not significant due to the abundance of available local aggregate resources. IX. HAZARDS 633lUplowo-C~ InitialSrudylMarch 13.2003 IS-28 o a"b) o XI. ,a-e) XII. a-h) CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT INITIAL STUDY not alter these regulations. A general discussion of land uses in the project areas and likely hazardous/toxic mat~rials that may be used or transported in such an urban environments along with a discussion of the likely agencies with oversight will be included in the EIR. c) Some existing sites in the project areas may contain discarded wastes. If a parcel is suspected of containing underground storage tanks and/or other materials known to contain hazardous materials, a Phase 1 Site Assessment would be prepared by a Registered Environmental Assessor (REA). Recommendations contained in the report would be implemented prior to any site development. Requirements for conducting Environmental Site Assessments on properties to be redeveloped will be discussed in the EIR. ' x. NOISE Reinstatement of eminent domain would not create noise levels within the project areas that were not previously identified within the respective EIRs. Future development projects may be required to conduct noise studies if it can be shown that they may have an adverse impact on the existing environment (new commercial uses adjacent to an existing residential neighborhood forexarnple). The proposed project within Uptown Subarea B encompasses approximately 88,000 square feet of , commercial retail space, parking for approximately 550 vehicles, and potentially parking for 240 vehicles in a 2-level parking structure to augment parking for the Metrolink Station, on 8.9 acres of land located near Third Street and "f' Street. The EIR will include an analysis of potential impacts associated with this proposed development project. PUBLIC SERVICES The reinstatement of eminent domain by itself would not result in any additional demand on public services. However, due to the age of the program EIRs for the respective project areas, a socioeconomic analysis will be undertaken to update existing conditions in each project area, and describe any future needs and plans by public service departments or agencies to upgrade or expand services. UTILITIES ,The reinstatement of eminent domain by itself would not result in any additional demand on utilities and public infrastructure. However, due to the age of the program EIRs for the respective project areas, a discussion of utilities and providers' ability to provide service and upgrade infrastructure to support redevelopment projects in the project areas will be discussed in the EIR. XIII. AESTHETICS o a-b) Eminent domain would be used to stimulate redevelopment activities to achieve an overall upgrade of the area and provide a climate for efficient business activity and an enhanced environmental setting. 633/Uptowo-CNN Initial SrudylMarclt 13, 200J IS-29 o o a-c) o CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT INITIAL STUDY The proposed project within the Uptown Subarea B encompasses approximately 88,000 square feet of commercial retail space, parking for approximately 550 vehicles, and potentially parking for 240 vehicles in a 2-level parking structure to augment parking for the Metrolink Station, on 8.9 acres of land located near Third Street and "f' Street. The proposed project also involves the demolition of three single-family residences, and 72,500 square feet of existing retail space that has suffered from numerous vacancies and under-utilization. The EIR will include a discussion of the Aesthetic impacts and improvements to the project area associated with the proposed project. c) Reinstatement of eminent domain and the redevelopment of the Uptown and Central City North Redevelopment Project Areas may include additional light and glare from new structures. Although the Uptown Project Area is largely made up of commercial and professional office buildings and commercial retail uses; new light would not significantly affect other future development in the area. However, this area is located adjacent to existing residential neighborhoods that may be affected by redevelopment of commercial properties. This issue will be addressed in the ElR and standard conditions ofapproval for development ptojects will be identified to ensure compliance with the City's Development Code standards for light and glare. The EIR will also specifically address the additional light and glare that may result from the proposed development project within Subarea B. . XIV. CULTURAL RESOURCES Both redevelopment project areas are located within an area of "Urban Archaeological District - Historic Archaeological Resources of 19th Century San Bernardino" according the City General Plan Figure 8. Future redevelopment of commercial areas in the Project Area may involve the demolition of older commercial and residential structures. The previous ElRs for both the Uptown and Central City North project areas recommended that prior to future development projects involving demolition or altering of cultural resources, an assessment should be completed to ensure the compatibility with the surrounding environment or the existing resource itself. Reinstatement of eminent domain would have no impact on any potentially cultural resources in the Project Areas. However, this issue will be addressed in the ElR to. describe existing conditions and to identify measures that would ensure potential historic resources are protected as future redevelopment projects may affect Historic or Archaeological resources. The proposed development project within the Uptown Subarea B involves the demolition of three single-family residences, and 72,500 square feet of existing retail space that has suffered from numerous vacancies and under"utili:zation. The EIR will include an analysis any potential impacts to historical/cultural resources associated with this proposed project. XV. RECREATION a-b) This issue will be addressed in conjunction with the discussion of Public Services in the EIR. 6331Uptown-CNN Initial StudylMuch 13. 2003 lS- 30 o o ,0 I I I CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT INITIAL STUDY XVI MANDA TORY FINDINGS OF SIGNIFICANCE a) The project areas do not occur within a Biological Resources Management Overlay (reference Figure 41 of the General Plan). The majority of each project area is developed and any exiting vacant areas have little potential to contain a native biological community. Future redevelopment project would mainly involve the renovation or the demolition of existing structures and replacement with new structures. Redevelopment should not result in the degradation of environment or loss of any wildlife habitat that has not already been considered in the respective Redevelopment Plan EIRs. Redevelopment may result in the removal of historic structures or the unearthing of archaeological or historic resources. This issue will be addressed in the EIR. b) The reinstatement of eminent domain and future development of properties in each project area would allow for the redevelopment of blighted areas. Both project areas would be redeveloped with a mix of commercial, professional, and residential land uses. Redevelopment would be in compliance with the General Plan, and the project areas is not located in a sensitive Biological Resource Area according to the Uptown EIR. Redevelopment within the Uptown and Central City North redevelopment project areas may result in . demolition, construction and site grading. A typical redevelopment project would not likely exceed SCAQMD air quality thresholds. However, since the South Coast Air Basin is in non-attainment status for ozone and suspended particulates (PMIO) standard measures have been adopted by the City based on SCAQMD Rule 403 to minimize the project contribution to regional emission of criteria pollutants. Additionally, fugitive dust generated by construction activities would add to the ambient PMIO levels but should not exceed SCAQMD threshold of 150 Ibs/day after standard dust abatement procedures are applied. However, cumulative air quality impacts as well as temporary construction related impacts will be addressed in the EIR. c) The proposed redevelopment in the Uptown and Central City North project areas would improve the general condition of each area both aesthetically and functionally. The reinstatement of eminent domain within these project areas could result in cumulative impacts with respect to other project in the area, particularly in the Central City North project area where there are a number of projects proposed by others (not redevelopment projects). Cumulative impacts will be addressed in the EIR. d) No substantial adverse environmental effects not previously considered in the Uptown orCentraI City EIRs were identified for the proposed reinstatement of eminent domain within the project areas. The majority of either project area has previously been disturbed, and the proposed project would eliminate the blighted conditions, improving the general aesthetic value of the area. However, a final determination as to the direct or indirect effects to humans will be made in the EIR. 633/Uptown-CNN Initial StudylMarcb 13,2003 IS-31 o o o o FINAL ENVIRONMENTAL IMPACT REPORT UPTOWN/CENTRAL CITY NORTH REDEVEL;OPMENT PROJECT AREA CITY OF SAN BERNARDINO SAN BERNARDINO COUNTY. CALIFORNIA O' \" I:.' ..-.11....". :,'';;" ,.,:::: ,:.: .:~ ..." o juneI5.2004- o o o FINAL ENVIRONMENTAL IMPACT REPORT UPTOWN/CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA CITY OF SAN BERNARDINO SAN BERNARDINO COUNTY. CALIFORNIA Prepared for: City of San Bernardino Development Services Department 300 N. "0" Street, 3" Floor San Bernardino, California 9240 1 Contact: Ms. Valerie Ross, City Planner Prepared by: LSA Associates. Inc. 1650 Spruce Street, Suite 500 Riverside. California 92507 (909) 781-9310 Reviewed by: . The City ot: SanBemardino bas independently reviewed, analyzed. and exercised judgment in the analysis contained.in the Environmental Impact Report and supporting documentation pursuant to Section 21082 of the California Environmental QuaiityAct (CEQA). LSA Project No. CBD23 1 . IIf(__ June 15. 2004 o o o TABLE OF CONTENTS 1.0: SUMMARY OF THE FINAL ENVIRONMENTAL IMP ACf REPORT............................... I-I 1.1 INTRODUCfION ........................................................................................................... I-I 2.0: PUBLIC REVIEW OF THE FINAL ENVIRONMENTAL IMPACf REPORT..................... 2-1 2.1 LIST OF PERSON, ORGANIZATIONS AND PUBLIC AGENCIES COMMENTING.ON THE DRAFT EIR ........................................................................ 2-1 2.1.1 COMMENT LETTERS RECEIVED FROM UTILITY PROVIDER.................. 2-1 2.1.2 COMMENT LETTERS RECEIVED FROM PUBLIC AGENCIES.................... 2-1 3.0: RESPONSE TO COMMENTS ON THE UPTOWN/CEN1'liAL CITY NORTH REDEVELOPMENT PROJECT AREA FINAL EIR .............................................................. 3-1 4.0: REVISIONS TO THE DRAFT EIR .........................................................................................4-1 5.0: MITIGATION MONITORING PLAN.:................................................................................... 5-1 MITIGATION MONITORING CHECKLIST .........................................................................5-2 TABLES Table 4.6C: Year 2008 Without Project Intersection Levels of Service.......................................... 4-1 Table 4.6.E: Year 2025 Without Project Intersection Levels of Service.......................................... 4-2 Table 4.6.H: Year 2008 With Project Intersection Levels of Service ............................................... 4-3 "Table 4.6.J: Year 2025 With Project Intersection Levels of Service............................................... 4-4 R:1CBD2311FEJR\C- T - T.doc (6115104) o .. o o 1.0 SUMMARY OF TIlE FINAL ENVIRONMENTAL IMPACI' REPORT 1.1 INTRODUCTION The Final Environmental Impact Report (FEIR) for the Uptown/Central City North Redevelopment Project Area (State Clearinghouse No. 2003031072) bas been prepared in accordance with the California Envirollmental Quality Act (CEQA) and the guidelines for the implementation of CEQA. Hereafter, the Initial Study, Notice of Preparation, Notice of Availability, Draft EIR, Technical . Studies, and Final EIR containing Responses to CQmments and including the Mitigation Monitoring Plan cOnstitnle the EIR for this project. These documents will be referred to collectively as the EIR. The persons, organizations, and public agencies that have submitted comments on the Draft ElR . through May 26, 2004, are listed in Section 2.0 of the FEIR. A total of four comment letters were received. Three (3) comment letters were received nom public agencies, and one (I) was received from a utility service provider. The individual comment letters submitted regarding the DEIR and individual responses to each' comment are included in Section 3.0 of the FEIR.. The primary objective and purpose of the EIR public review process is to obtain comments on the adequacy of the analysis of environmental impacts, the mitigation measures presen~ an" other analyses conlliine4 in the repOrt. CEQA requites that the City respond to all significant envitonmental issues raised (CEQA. Guidelines Section 15088). The City's response to environmental issues, "... must be good faith, reasoned analysis." Comments that do not directly relate to the analysis in this document (Le., are outside the scope of this document) are not given specific responses. However, all comments are included in this section so that the decision-making bodi for the proposed project is aware of the opinions of public agencies, organizations, and the general public. .Based. upon the review of the Draft EIR and Technical Appendices, portions of the Draft EIR have been revised. Section 4.0 of the FEIR identifies those portions of the OEIR that have been revised sUbsequent to the release of the document for public review. Per CEQA Guidelines (Section 150885[aD, ". . .New information added to an EIR is not 'significant' unless the EIR is chaugedin a way that deprives the. public of a meaningful opportunity to comment upon a substantial adverse environmental effect of the project of a feasible way to mitigate or avoid such an effect (including a feasible project alternative) that the project's proponents have declined to implement." While minor editorial revisions have been made, no revisions to the PEIR were made in response to any comment received during the public review period. The minor editorial revisions made to the OEIR do not constitote significant "new information" that would require the recircu1ation of the EIR. Section 5.0 includes the Mitigation Monitoring Plan prepared for the proposed project As required by State law (public Resources Code, Section 21081.6), the MMP bas been prepared to ensure compliance with the mitigation measures adopted for the proposed project by the City of San . Bernardino. Public Resources Code, Section 21081.6 requires the adoption of a reportiug or monitoring program for those conditions placed on a project to mitigate or avoid adverse effects on the environment. R..-'aID23I\fEIR'&ctioa 1.doc ((jJISflOO() I-I o o O' 2.0_ PUBLIC REVIEW OF THE FINAL ENVIRONMENTAL IMPACT REPORT - 2.1 LIST OF PERSONS, ORGANIZATIONS, AND PUBLIC AGENCIES COMMENTING ON THE DRAFT EIR. Per Section 15105(a) of the Stale CEQA Guidelines, a DEIR submitted to the Stale Clearinghouse for review by Stale agencies sball have a review period, "..;not less than-45 days." The public review period the DEIR extended from April 8, 2004 to May 24, 2004, a period of 41 days. The public - review period for the DEIR exceeded the minimum required byCEQA: The Draft EIR was properly noticed and distributed and was available at San Bernardino City offices and at the Feldhym Central Library. Additionally, the document was available in its entirety on-line at the City's website. . Comments to the DEIR were received by mail only. The per8i'ns, organizations, and public agencies_ that submitted comments-regarding the DEIR through May 26, 2004, are listed below. A total -of four comment letters were received. Three comment letters were received from public agencies and one comment letter was received from a utility provider. The City accepted one comment letter subsequent to the close of the public review period. While the City is not required to respond to comments received after the close 9f the public - -review period, to ensure the _ thorOugh consideration of public opinion, this letter has been responded to in full. - 2.1.1 Comment Letters Received From Utility Provider (1 Letter) A The Gas Company (April 29, 2004) Rogelio A. Rawlins Technical Services Supervisor 2.1.2 Comment Letters Received From Public Agencies (3 Letters) B Southern California Association of Govemments Jeffrey M. Smith, A1CP Senior Regional Pianoer, Intergovemmental Review (May 12,2004) C Stale of California, Department of Toxic Substance Control Greg Holms, Unit Chief Southern California Cleanup Operations Branch (May 21, 2004) D San Bernardino Associated Governments Steve Smith, Principal Transportation Analyst (May 26, 2004) -R.'CBD2311FElR_:uo. (61l5J2OO4) 2-1 o 3.0 RESPONSE TO COMMENTS ON THE UPTOWNlCENfRAL CITY NORTH REDEVEWPMENT PROJECT AREA FINAL EIR The .comments on the UptowulCentral City North Redevelopment Project Area Draft Em (State Qearinghouse No. 20(3031072) and the individual responses to each comment are iDcluded in this .section. Thepriu;w:y objective and purpose of the Em public review process is to obtain Comments on the adequacy of the analysis of enviioomental impacts, the mitigation measures pre5el1tM. and other analyses contained in the report. The California Environmental Quality Act (CBQA) requires that the .City of San Bernardino respond to an significant environmental issues raised (CBQA Guidelines Section 15088). Comments that do not directly relate to the analysis in this document (i.e., are outside the scope of this document) are not given specific responses. However, an COnuDents are included in this section so that the decision-makers know the opinions of the comuientors. o In the process. of responding to the co_ts, minor revisions to the Draft Em. have been made. None of the changes to the Draft Em is considered to be significant new information (CEQA Guidelines Section 15088.5 [a)). Conunent letters are arranged in chronological order. Aside from the courtesy statements, introductions, and closings, individual comments within the body of each letter have been identified and assigned an a1phA-nllll1eric identifier. The first digit in the identifier indicates the specific comment letter, while the second digit identifies the specific comment within the each comment letter.' For example, the comment identified as A2 will correspond to the second comment, in the first comment letter received. Copies of each comment letter. are included in the Final BIR. Brackets delineating the individual Comments and the aIpba-numeric identifier have been added to the right margin of each letter. . Following each comment letter is (are) the page(s) of responses to each individual commenL o "''<:80231''''''- 3.doo (6115/ll104) 3-1 o o o .. .' _._.._._....._-._~... OO[g@~UW~1ID MAY 07_ ... -~ -""- _1It~_ _CA 9231.o1Il2O . 1IaIlao- l!O__ _CA ...:12_ IF.,.' A ~ Sel:lq#a Energy" uIIIly April %9, 2004 City of Sa Baluudillo ~tSerricesDepartmat 380 N. "D" S8'eeC Sa BenaarcIiJut, CA 9241B . Attcatfola: VaJme C ll8ss Ba:: Uptowa ad Cmtnl City J(ortlr. ReckvelopmeDt Projed Area Plus - City of Sa BenaanfIao. atY OF $AH IIBINA/IllNO llE\IaOI'I8IT ~...s. IlEI'MTUI!Nr .. 1'haJlk you f<< die uwu'wly to R&pODd. to 1he abcJvc.m"e.GoGcd plOject. PIeasc DOle tbat SouIbenI c.JjMnri:l GU Comr"l\Y has facilities in the ~ ~ die abcwe named project is JllllPOSC" GU scnil:e to theprojeet COI11d be proviac.i wjtI10ut my sipifi"""t impact on die CD'oi1...-.nt. '1'be service would be in ~wi1h tho c-pmy's pcWd"S md axtension JD1cs on fiJc with lbe ~ Public Ublitics (Hnmi..w. at~ li1llC coatradual ~ me made. .. You sbou1d beawm: tbat this letter is not to be intcqxctcd as a coatractua1 ~tuiCat to serve the I"~ project, bUt coJy as an mrormational ~ . 'Ibc awiJabilit.y of natuPl gas scnioc, as set forth in this letter, is based upclI1 preseut eormnODS of gas SUJl9l:Y md IegDIatmy policies.. A$ a pllbIic uIiIi1y. '1'be Soulbcrn c.Iit;.rm:l GU ~~ is 1II1CIer lbe juri8diclioo of die C.lifNTri:l Public 'Ulilitics C~~. We. c:m ako be .a1fcclDd by act:i0ll$ of federal IllgUlBtoIy 'agcaoies.. Should 1hesc apICies tab: my aCtion, Which affects gas &Upply, or lhC coodiliODS UDoCl<< which SClVicc is avaiJablc, gas $eCVice will be prO'ridcd in accordance with miscd c:oadhim~ .. . Typical~ use for: a. R.eddcntial (Syslrm Area Al'JPgcMr: Pa- Meta-) X!l!dx SiDglcF;uui1y . '199 ~dwl:IIiu:llIIit MuIli-Family 4 or Jess lIIIilS . 4&2.~ct-lIinguait Multi-l";uui1y 5 or_1IIIfls 483 ~ dwcIliDgllllit 'Ibesc ava2gc& are based on tolal gas ~ in. r;aMofitoI \IDit$ served by ~ C..!imm;a GU ~, and it should DOt be implied 1hat my plIl'licular homl; _Ibdrt 0( llaCtofbomcs will usethesc ~ of CD4f3. A1 A2 o o o April 29, 2004 'Pa&e 2 .... b. Q>.......... cia! Due to tht: fact thai: c:oDSIl'IIClim varies so widely (a glass ~ va. a heavily J iDSllbIM bai/tfnl&) and tbcrc is such a wide variaIioa ia tJpcs of ~I, ami, a A2 typK:aI d..m:md fi&1nisDOt available fq: Ibis type of ~ ""I""I..hOllS . woulflneed lD be IDlldc atWthe 'buiJdiag has beea ~ We lIawn...-d SidlI )A',"",~ prI1&o- available lD 1'~.""_ci8I/iQdustrial ~llD }A3 ' provide ....1__ in Il"~ tht: _ c:tleetift. appli~ of -V of oar eacrgy ....-....tiClll ~.-. p1eass ~ oar O......-.dalIIorluslrial Suppon Calteut l-8OO-GAS- 2000. ' SiatereIy, -?~~- a ~ t:; .~RawIiDs TeclmicaI Services Supervisor J o O' o LS. "SOCIAT.S. .IIC. JU.. ".. "'MAL .... U.TO....IC...T....L CITY MO.'TH UDI!.YELO,....lfT ..OJ.CT &aKA S.' ....SPON.. TO COU....MT. RESPONSE TOLE'l'TER A The Gas Co~y Respoose to Comment AI: The Initial Study prepared for the proposed project (Appendix A of the Draft E1R) states that prior to approval, development within the Redevelopment Project Areas would be required to provide evidence that it can be adequately serviced by the natumI gas and electricity providelC, and submit plans showing the incotporatioo of energy conservation measIires .into the project in accordance with Tide 24 of the California Admini.....tive Code. Adherence to these requirements would reduce utility impacts to a less significant level The Gas Company comment that, .''Gas service to the project couId be provided without any significant impact on the environment," corresponds with the Initial Study's findings related to the provision of gas service. . Respoose to Commetlt A2:. The estimated eneq:y reqUirements detailed in the Initial. Study were . based on South Coast Air Quality Management District (SCAQMD) generation factors (Tai?le A9-11 Estimating Emissions from Electricity Consumption by Land Use, SQ;\.QMD CEQ;\. Air Quality No~book.). Using these generation factors, the Meccado Santa Fe componept of the proposed project was e.<Ii""'led to consume approximately 9,303 cubic feet of natumI gas per dsy. Development projects within the Redevelopment Project Areas undertaken subsequent to the reinstatement of eminent domain would be subject to review by the City and. the Gas Company to ascertain tbe significance of potentisl impa~tslo the provision of natumI gas. Response to Comment A3: The Qty recognizes and appreciates the availability of the Gas Company's Demand Side Management programs. The City will convey to the proponents of future development within the Redevelopment Project Areas of the availability of these programs. . R.:"C8D231u;BIR'5ectioo 3.doc (6I15flOO4) 3-4 o sOUTHER" CAUFOlNlA ASSOCIATION of GOVERNMENTS ... 0IIIce 818__ Street I2Ih _ Los AAaoles. CaUlomla _7-3435 .--' '(21312)klloo 1l213l_ -.... --= ~; - . ,..~ as....... War.......... - ... . ..... . s.- .. ~ ..........~c....,.... : .. - . .......a.tes. ....... . ----........"""". ~-- .. ..... c:..lat..... ....... .... ...-..-c...r-"'" . . "NtfMs c.u.cr..............s..w.w..... -~.~_..._. ........ Old:. ...... .. '- ...... -.---."'" --....-..-. -.........-.--. -.--..-.-- .. ,.... .. ..... ... c..,... .. .. -..-.--... ..................-~.... ----"--_. .,,~..--............. -....---."" -..-.--...- .............................. .-..-,...-..-. ........... ................. -.---.- --....-.-- .....................~... -...-....--. ---...- . ------. ...... ............. ...... ..... .. M..........M.~..... -.....--.-.. ....... &.- ...... ... -. We ......_..............tlenI.... .. .............. -_..... -- r...,......................... ---....- ...... .. "" .... GICIleW Or .. ... -- s.a ........ c...tF Pal ....' Sa. ....... c....r .. . ...... .... -.---..- """.---.........,...... c.:.l....s.........s-r .. ~................ ~'::t.""'--_. ...... _.(001_", , .TIIii............... c....,- .1. ~ .....-- ....... ...... - . ~ r-w- --- .....c..r- ....t-w... --..... . e-__ __ .... -.-...... ,h _ . __~t .:. . U.', t'"'! ,.....-: ': t.: . .....,., ^:..... . '! t., . .' WIn: 33 May 12, 2004 (. . s.'~-': ":.( . ':~"_:'2';O Mr. Mike Trout, PrqectManager Economi<: OeIoelopment ~ 300 Norltl i:r Street San BemanfIllO, CA 92418 RE: SCAG Clearinghouse No. I 20040220 Uptown and Central CIty ~'hedeveIopment Plojed Aiea Plans Dear Mr. Trout: Thank you. for submitting the. Uptown 'and Central City North Redevelopment Project. Area . Plans review and' comment. As area~ clearinghouse for reglonaDy sIgnlfIcant projects, SCAG. reviews the consistency of local plans, projects and progranis. with regfonaI plans. This activity is based on SCAG's responsibUities as a regfonaI planning organiza1lon ptlISU8Ilt to state and federal laws and regulations. Guidance provided by lhasa .reviews is intended to assist local agencies and .~ sponsors to take actions thfit coritrIbute to the attainment of regional goals and policies~ . We have ieviewed ttie Uptown and Central City North ~pment Project Area Plans, and have delem1ined that the proposed'Project is not. regionally significant per SCAG Inlergovemmental Review (IGR) Criteria and CaIifomia En)IIronmenIaJ Quality Ad. (CEQA) GuIde&nes (SeclIori 15206): B1 Therefore, the proposed Project does not war:rant COIlTIleI1ls at this flrne. Should there be a change in the scope of the proposed Project, we would appreciate the oppoItuiIity tOl'l!View and.convnent at that time. A description of the proposed Project was published in SCAG's April 1-15, 2004 l~entalRevlew Oearinghouse Report for public review and =~ The project tiUe and SCAG Clearinghouse runber should be. used iri all correspondence with SCAG concerning this Project. Correspondence shouid be sent to the attention of the Clearinghouse Coordinator. "you have any Qt!eStions. please oontact me at (213) 236-1867. Thank you. Sincerely, uz{J~~.~ JEFFREY M. SMITH. AlCP . SenIor Regional Planner Intergovemrnenta Review o ...... ...oeIATE'. It.c. J.'" ,u. . PUlA!. a.a VPTOlOIJa,urr...1. CITT WORTH ..aOIVELO.....KT ."OJICT AtEA. 1.. .....0.... TO CO......NT. RFSPONSE TO LETTER B Southern California AssOciation of Governments Response to Comment HI: .Jfbe letter iDfOl1llOd the City tbat based on seAG's IntergOVeJTI......tal Review (lGR) Criteria and CEQA Guidelines (Section 15206), the proposed project is not legiona1ly significanlNo comments ~ warranted. The City recognizes and appreciates SCAG's review of the DBIR. Because no comments related to the scope. or adequacy of the DBlR were raised, no response to SCAO's comment is required. o o R."'CBD23IveR.&c:tioa 3.doc (6IlSl2OO4) 3-6 c e -~ --' ~ ... T...,........... AaencrSWl., CIlEPA Department Of Tuxic Substances Control . a.twlP'p Lowry, 0lRldar , 1001'" Shet, 2s'" FIocr P.O:Bale806 , ~Ito. C8!ifilmia 9S812~ . . AmaId$J_:r .d~ ~ TO: oorg@~n\YJrgr;y MAY 2 UiAl; ll!J Rania Zabaneh, CITY OF SAN SEiItWlllINO Site t.ilIgalIan Pro9ram. ~4~ ~ '. ~8aIVICa . GuenlherW. Mo&kat. ChIef IJ - . . Planning & ErivIromitenfaI AnaIyais Section ME.MORANDl)M FROM: DATE: SUBJECT: AprIl 13, 2004 CECA ENVIRONMeNTAL 0ClCUMENT REVIEW FOR: UPTOWN/CENTRAl CITY NORTH "RI!DEWl.O'PMeNTPROJECT. SCH# 2003031072 o The 0I'Iice r:#ErMrtlI.mental AnalysIs. RegulaljoolS & Aucflfs (OEARA) receM!d' the alIached . docunent from an outside ageI1Cy fOr I11'Sc. niiIIew as a pOte. dial RespcasIl1Ie Of IntetestBd Agency ~1he CaIfilmIaEtiv/rmmentaNMIity Act (CECA). A pre/lrnnary review offhls doc:ument by our olIice shows that the project may tal within the regu/aIDIy authority of DTSC becalJ$4! It InwIves one of the foO(lMng'Jand uses that oouId potent/a//y expose indMduaIs to hamrds Ol'hazaIdous materials: ' B 181 N4 SXIS1'/NG OR PROPOSED SCHOOL SITE SENSITI\IE LAND USES,{aQ.. daycare~. nursing hOine, hospllal) NON-SENSIT1\fE LANJ ~ (e.g., ~llll\llldal or IndusIrialfaclilles) This document Is being forwardecl to)'OUr otIic:e for further : I "nent Please provide the Lead A/jJeB:Jf lhaUs Jde,d".ed Oil a... .dtoo..l...d NoIk:e of Cclmp/elIon FormWilh any .........""'. yOu may have on this docunerit before the dose of ll1e OOlI./l8Ilt period (m4I.ZOO4). .After)'OlD" review, pin. OOl......1helnfonl.afun~:fn lhB. bOx below andrefum lhI$fi:xm to cu oIIlce atlhefollowingaddress: ' CEOA Trackk1g Cenler 0IIice of BMronmentaJ Analysis, RegulatIons & Audits 10011 Slreet, 22nd FIoocf P.O. Box. 806 SaaanledO. CA~12 , . ~WERE. SBlTTOlllElE.4D. AGelCY and a copyfawardedto oEARA via: ~M alIachOlenl. to 1hIs downllnt o Fax@~6J32NZ15 COMUENTSWEREJfQI SENT TO 1liElEAD ~ W31se: o The ~ CId notflll wilhin!he jufsdldIan d DTst: D The document """""""'Y ass e 5 i e d impeds fnlm !he pl~ project as It..... Ie> DTSC's _ or,..isdio:lion c . e PIlr*'II... RooJded PIIpor S/5 IlflVd IIIBIIIS_61116'OI ,&PIB/SUld Dupas 4D ;('1':J'H02ld &S'&I HI-"Z-AIIH o o o e ,,,' -~. - -:- . ... Department ~f.1 oxic.Substances Control ~ F.lowry. Director ~~Avenue .. ~ CaIibnIa 90630 TenyT.dl.a... Agonq/ SM....r CIlIEPA Amd4 se..-...lO\ ~ May 21. 2004. oo~~~~:~@ Ms. Valerie Ross Deputy DIredorICity Planner Redevelopment Sentipes Department City of San Beman:Jlno 300 North "D" StJeet San Bernardino. Caflfomia92418-0001 NOTICE OF COMPlETION OF A DRAFT ENVIRONMENTAL IMPACT REPORT FOR THE UPTOWNICENTRAL crrYNoRTH RI;oEVELOPMENT PROJECT AREA PlAN AMENDMENTS (SCH # 2003031072) CITY OF SAN SSlNAftl)L'IO !JE'I9,OPI,;:.'\T IICIttIICes DEl'Al\TUIiNT Dear Ms. Ross: The Department of Toxic Substances 0Jnfr0I (DTSC) has received yqur Noli<:e of Completion (NOC) of a draft Emiironmei1tallmpact Report (EIR) for the above- . mentioned ProJect. Based on the revfewofthe doa.t(llenf, DTSC's comments are as follows: " 1. DTSC's commenfs dated ApOl8. 2003. regarding the NotIce of Preparation }et . (NOP) for 8 dmft 8R have not been pwjlerfy add~ In the currenUy . submitted draft E1R 2. The lniIiaI.Sludy with the NOP states that some ~'Y $ites .lnJbe.projed areas may contain d~$tfwastes. It also stateslhat if a parcellS suspected of conlainlng uni:fEitgrotlnd Storageia'nks and/or ofhermaterialsknown to contaln hazardousmaferials. Ii Phase I Site Assessment\WUkf be prepared by C2 a Registered EnvironmeritaIAs5essound requirements for conducting EnvironrnenlaI Site Assessmenfs on properties to be redevelOped will be cflSQlSSed In the EIR ~. the dmft E1R shows nO addlflonal discussions. 3. The draft BR needs fb~ any known or potentially contamInated sites wifhln lite proposed Project area. For a111denti1ied sIfes. the draft EIR should evaJuate Whether conditions at the site pqse a Ihreatto human health or the' .ec\IIfronment . A Phase 1.4$$-; ,rnent maY be sufficient to Identify these sites.. Following are the databases of some of the regu/afoIy agencies: C3 217.. '2~'" . $-...~- .. . lIlIAl.lqfJiA~R.t::'.b'1.;. . Sprll/SUld DUP8S .Ja "<"lJ:1'HO~d 7.C;'F-t -."_"X_K\..IU o o o lImB Ms. Valelfe Ross May 21.2004 Page2of3 - NatIonal P~ List.(NPl): A list Ismainl3ined by the United States EnvironmenfaI ProtedIon Agency (U.s.EPA). . - CalSites:A Database primariy used by the California Department of Toxic Substances ConIroI. -Resource ConservatIon and RecoveIy Information System (RCRlS): A database of RCM faclillfes thatls maintained by U.S. EPA . - ComprehensiveEnvironmentaJ Response Compensation and liability lilfonnatlon System (CERCUS): A d_base of CERClA sites that Is maintained byU.S.EPA C3 · SoIldWaste Infonnatlon System (SWIS): A~ provided by the . California J~ Waste Management Board wf1ich. consists of both open as well as closed. and Inactive solid waste .dlsposaf faciIilies and fnlnsfer stations. · leaking Underground Stomge Tanks (Lusn I SpDIs,leaks. Invesligations and Cleanups (SUC): A fist that is maintained by Regional Water Quality Confml Board (RWQC8). . Local County andCily maintain lists for hazardous substances deanup 6iIBs and Ieakfng und8lground stoIage tanks. . PriorfD approving the draft BR, p/ease address aD of DTSCs comments.. As the lead } egency. ltis your responsibilityw ensute fhat all of DT$C's Cl1I'1CeIllS ~property C4 . . addressed. {JTSC provides guidance for preparation of a PmIimInary Enda~ hse ssme.Jt (PEA). and cleanup oversight through. 1he Voluntary Cleanup Program (VCP). .For addlUonal informatfon on the VCP. please visit DTSC's web site at www.dtsc.ca.oov. S/E: lClVd eallls treE:6lII6' a I SPIB/SUld DUpBS ~o ~~'a'HOHd ~S'E:t "-.~-AVN o , . o o .~. Ms. Valerie Ross May 21, 2004 Page 3 of3 .If)QI have ~ questions regaIding this letter, please contact Mr. Johnson P. Abraham, Project Manager, at (714) 484-0476. Sincerely, GI8g. Holmes Unit ChIef Southern California Cleanup ~ns Branch Cypress Office - - - . - . cc: Govemots Office of Planning andResearoh S1ate Clearinghouse P.O. Box3044 SacramerrtO, California 95812-3044 Mr. Guenther W. Moslart. Chief Planning and EnvIronmental.Analysis Section CEOA Tracking Center Deparlment of Toxic SubstanceS Control P.O. Box.806 Sacramento, CaIifomia958.12~6 .J &PIS/SUld _ss sa <<-U:J'ICOZld r;S'E:1 _-..r;-JlVII a,. II'!I\:I~ ea89Io9E:8GlS' Q I o L'" .....OClA.T... IKC. Ju.a .... ..II.u.au. VPTOWlUaa.T1AL OITT IIORTH ...D.VELO.....T ."OJaOT ......... '1.1' .....0... TO CO......T. . RESPONSE TO LETTER C California Department of TODC Substance Control Response to Comment Ct: The Noti"" of Preparation (NOP) referenced by the commentor was prepared by the City and distributed on March 14, 2003, to the State Clearinghouse, responsible agencies, and other interested parties for a 30"<h.y review period. This public review period extended from March 14 to April 14,2003. Subsequent to the initial distribution of the Initial Study (IS) and NOP, the City refined the proposed project to more appropriately focus the environmental document on the programmatic nature of the proposed project. The discussion of potential hazardous material impacts associated with the proposed project was similarly revised. .To ensure adequate ag~ncy review of the 'changed character of the proposed projec~ the City redistributed an updated and revised IS and NOP to public agencies for a 30-day review that extended from Febrwuy 18.to March 18,2004. The Department of Toxic Substance Control (DTSC) did not provide comments on the recirculated Initial StudyJNOP, The following discussion is provided to ensure that the concerns expressed in the agency's. April 8, 2003 Comment letter are adequately addressed (numbering equates to the comment number included in the April 8, 2003'comment letter.) o 1-5: Only the proposed site of the Mercado Santa Fe retail development was recognized as having a potential for on-site hazardous materials. Prior'to demolition of structures andlor construction, the City wilI require a Phase I Site Assessment to determine the presence/absence of hazardous materials. The remediation, removal, andlor disposal of any hazardous materials identified during the course of the Phase I Site Assessment will conform to applicable Federal, State, and local requirements; thereby, reducing potential impacts related to this issue to a less than significant level. The site-specific risks associated with other future development within the Redevelopment Project Areas cannot be sufficiently' identified at a program level. - . 6: The required contents and procedures for preparation of an Initial Study are established under Section 15063 of the State CEQA Guidelines. CEQA does not mandate the use ofa standard Initial Study Checklist. Section 15063(f) states; "...pnblic agencies are free to devise their own format for an initial study." The Initial Study Checldisihasbeen determined by the City . fe.adequately ful6.Uthe reqnirements established byCEQA. ' 7-12: Futore development within the Redevelopment Project Areas wilI be subject to City- and State-mandated standards relative to the identification, removal, and disposal of potentially hazardous building materials. This effort will result from future project-specific CEQA review~ c Response to Comment C2: The document reviewed by the DTSC is a "Program EIR," which evaluates the broad-scale impacts of the proposed reinstatement of eminent domain and other actions' described which, in total, cOnstitute the "projecf' under consideration. A Program EIR, addressing the impacts of policy decisions, such as those presently under consideration, can be thought of as a "first tier" document, evaluating the broad-scale impacts on the environmen! expected to result from the adoption or implementation of such decisions. Tiering refers to the concept of a multi-level approach R..."'CBODI\FEIR\Sectioa 3.doc (6ItSJ2004) 3-11 o o O' UA AaSOcu.n:l. UtC. JUNI!:UU ..nu..L.... UPTO'WIfICEMTaA.L CITY MORTit: ...KD...LO......T ."OJ_aT ....... .... ...,.ORla TO CO.....lfT. to preparing environmental docuinents (CEQA Guidelines, Section (5152). A Program BlR does not typically address site-specific impacts that subsequent development projects permitted by th<: approved policy decisions may have. CBQA requires every subsequent development project within the scope ofa Progmn EIR to be evaluated at a later stage for its particular site-specific impacts. These impacts are typically encompassed in "secood-tier documents," such as Supplemental or Subsequent BIRs, an Addeodwn to the Program EIR, .or a (Mitigated) Negative Declaration. which typically evaluate the impacts of a single activity undertaken to implement some specific portion of the overall plan. The Department of Toxic Substances Control (DTSC), together with other Federal, State, and local agenCies, administer a comprehensive set of laws and regulations that has been developed to protect public health and the environment from accidental spills and releases. Compliance with these progr.mis, as in effect at the time, will ensure that there will be no significant adverse. impact in the event of a spill or release associated with project operations. The proposed project includes the reinstatement of eminent domain within the Redevelopment Project Areas, and a General Plan Amendment. These. actions are not physical projects that would result in potential impacts associated with hazardous materials. Any future project initiated within the RP As sUbsequent to the reinstatement of eminent domain would be subject to review by the City and the DTSC. Response to Comment C3: Hazardous or toxic materials .transported in association with redevelopment projects (including the future proposed retail projeCt) may include items such as oils and fuels. All materials required during development and operation of businesses would be used and transported in cOlnpliance with all State and local regulations. Likewise, substances that would likely be used and stored by typical wban businesses would be in controlled environments in accordance . with existing requirements of the County Department of Health or Fire Department. DTSC, South Coast Air Quality Management District or other permitting agencies. Reinstatement of eminent domain and the redevelopment of any properties in either project area would not alter the requirement of compliance with all applicable regulations. ~on 2.4.1 (pages 2-7 and 2-8) of the Dtaft BlR recognizes the potential for hazardous materials within the site of the. proposed . Mercado Santa Fe retail development. Because of this potential hazardous material impact. aPbase I Site Assessment will be required prior to the demolition of any structures suspected to contain hazardous materials. TIie remediation. removal, and/or disposal of any ~us materials identified during the cOurse of the Phase I Site Assessment will conform to applicable Federal, State, and lcicaI. requirements; thereby, reducing potential impacts related to this issue to a less than significant level The site-specific risks associated with other future developioent within the Redevelopment' Project Areas . cannot be sufficiently identified at a program level. BecaUse no specific development will result from project actions. without additional CEQA. review incotporaiing appropriate studies of iRlpaCled structures, impactS related to the storage, Iiansport. or disposal ofhazanlous wastes or the release of hazanlous substances are considered less than significant at a programatic level. Response to Comment C4: It is the opinion of the City that the response stated above adequately Iiddress lJI'SC's comments. The com"""'ts from DTSC, as well as the comments of others, will be cOnsidered in developing the FmaI. BlR that will be used in the decision whether 10 approve this project. CBQA requires the Lead Agency (in this case the City) to exercise independent judgment in determining ire environmental impacts of a proposed project and in deciding whether to approve a project. . R"'CBD23I\FEIR1Secdc. l.doc (6/I.Y2OO4) 3-12 o o o ... JUN-e?-84 14_13 PROM.Cl~y of SB~no PIng/BIdS. ID-08938468ee PAGE 1/1 Gc.vt;!-rj'nerl1S ~mr; ~ .~---. - ,~.. - \ -~ . ',: - _1-/ '/ - N C '- '1 [ ~ San 8emall. dino Associated Gov.roments. ~ 02 No ~ Awftuoi San ..._,r. 0, CA 92401-1"21 . rr (ill. II. """""l9OPI88A,8276 """ 19OPI88U.co7 Web.-.saObli-.... . $cn~-CcMwy1L...-.~.Oo.._A4u.1 . Santem ..I..-c:c..nv1'c~. & - .1viltodJy · $cn"'~4~0:Mdv~._ - . Mol :.~tl_"IOf/ttt:N. ~~~~En-v-u.. oorn@~D\Yl~fID NAY 27 ~ May 26, 2004 Ms. Valerie Ross Deputy DireclodCity PIaMer City ofSao BcmanIino . 300 North "D" Slrcet San 8ernanfmo,CA 92418 Re: . Up1own.and Qn1XaI City Ncnh Red&velopment PtojOCl Area Draft EIR - Tnsffic rmpe<:t Analysis SANBAG File No. 0400006 ctIY.tJ# &Nt SfftIWI)IN() -- - Dear Ms. Ross: Thank yoU for the oppoc1utrily 10 review and <lOI'llIIleIIt OIl the above referenced uat!ic imJ>>ct repM dated April 6, 2004 and revisions datcd May 25, .2004. 0.... analysis ~ !hat with dle replacement of auached Tables H, J, l., N, It; and T, tbe Sludy -lhe.~tbe 2003 CMP. In accocdallCC with your cit,y'$ RSOluliOll adopling tbe tand UselT~ Analysis ProgRm, tho f1'affic SIlIdy is 10 be IIDde o:vaiJable 10 tho Planuing Commi$siQn lIIldIor4lo City Council and CaItrans for iafonnatiOll rogardiog project impacts TO 1hc CMP system of 8Itcrial_. Should you have all}' questions or COIlIJI1eaIS, please contact me or Andrea ZlIRick at (909) 884-$276. Siocerdy. .~~ . PriDcipaJ TtlIIl$pOlUliocl Ana/y$t }01 }02 . CIIeo ~ IIg 1ecO'.... QIIno, ClIne>..... COlan, FonIona, G<<lIliS_1/eClOlIa, HIf;IN<md.........lOlda. MonrcIair. . -~6iilodo. -"', llQo'llO. _ ~Scm~."'...t,M..1tIOIII. Up/ancf. --. 'lUccIpo _<II:"",*\tlIey. _-.,. CounlyotScm I : rJllO c 1.. U~Cl"'T".' "..0. JV.. It.. nwAl. a.1. I VPTOWIIIO..TI.A.L CITY KORTH UD.Y&LO.....rr 'kOJECT ..... .., ......0..-. TO oOaU...T' REsPONSE TO LEITER D San Bernardino Associated Governments Response to Comment Dl: The DEIR contains the Traffic IDlPact Analysis (TIA) (April 6, 2004) prepared by LSA Associates, Inc. While incltJded as an appendix to the DEIR:, the TIA was submitted to the San Bernardino Associated Governments (SANBAG) and received a separate review; . Based . on SANBAG review of the TIA, revisions to the document were made. Upon. revision of the TIA (May 25, 2004), SANBAG bas determined the TIA meets the requirements of the 2003 Congestion Management Program (CMP.) The TIA and other technical studies/supporting data are included in Appendices A-F to the DEIR. These appendices were provided in their entirety in a. PDF format Revisions to the Draft EIR resulting from revisions to the TIA are identified in Section 4 of the FEIR. . Response to Comment D2: As the TIAwas included as an Appendix to theDEIR, the TIA bas been made available to the City, and Caltrans for review. o o R....\QID2:] l\EEIR\Sec6oa 3..doc (61ISllOO4) 3-14 o o o . 4.0 REVISIONS TO THE DRAFf EIR The folloWing section contains a set of addendum pages to the Draft EIR dated April 6, 2004. The . revisions identified in this section are the result of staff and public review, and are meant to provide clarification of the issues and to correct editorial and typographical errors that were discovered after circulation of the Draft EIR The revisions cited in this section were found by the City of San Bernardino notto be substantial; there tOre, the recirculation of the Draft EIR is not warranted. In the following pages, headings describing the location of changeS in the Draft EIR are underlined (i.e., Section 4.1, page 4-1, paragraph I). Below this entJy, are the revisions made to the Draft EIR Additions of text are noted by the double underlining of new text. whereas deletions are shown as strikeout text (elll tellt). Table 4.6C, page 4.6-10 Table 4.6C - Year 2008 Withont Project Intersection Levels of Service Illtersectloll COlltrol P.M. Peak Hour VlC Delav LOS \. PeoDer A venue/Rialto Avenue SiWlllI 0.497 16.2 B Rancbo Avenue/Rialto Avmue SiI!IIal 0.291 IS.4 B Mount VernOll A venueIBaseline Street Signal ~ ~ C ~. ~ . Mount V Omon A veilUe/Fifth Street , Sil!l13l 0.592 23,6 C . S. Mount Vernon Avenue/Second Street Sil!l13l 0.704 3S.9 D Mount Vernon Avenue/Rialto Avenue Sil!l13l 0.407 16.3 'B Mount Vernon A venueIMiII Street Sil!l13l 9.603 32.3 C 8. Viaduct Boulevard/Second Street TWSC 13.9 B (iiavanola A venue/Second Street TWSC 9.4 A 10. "L" StreetlThird Street i1itersection created bv oroiect 11. "L" Street/Second Street TWSC 10.4 B 12. "It" Street!Third Street TWSC 10.6 B 13. "It" Street!Second Street AWSC 0.276 9.2 A 14; "r Street!Third Street TWSC ' 10.1 B IS. "r S1reetISecond S\I:eeI .TWSC 11.4 B 16. 1-21S SouthboundOff-Ramplfhird Street Signal .'~ .,.2t,s . C ."~ .Z2A 17. 1-21S Soutbbound On-Ramp/Second Street Si2naI 0.497 2\.7 C 18. I-21S Norlhbound On- Street Si2naI 0.491 21.8 C 19. 1-215 Norlhbound Off nd Street Sil!l13l 0.613 2\.9 C 120. "E" Street!Bascline Street SiWlllI 0.538 14.2 B 12\. "E" Street/Fifth Street Sil!IIaI 0.528 17.8 B 122. "E" Street!Second Street Sil!l13l 0.668 33.5 C .123. "E" Street/RiaIto Avenue Simal 0.471 22.7 C VIC-VoI1IJDO/capocily.- DcIay.- A_ COIIIrot dcIay in seconds. At W1Signali2l:d iIm:oedi_ """'~ approach is Rp<K1o<1 LOS - Lovd ofSer/ice 1WSC -T_Way Stop Control AWSC=AI1-Way Stop Coolrol R;\CBD23 tlFElR\Sedion '.doc <"15/2004) 4-1 c o c La.. ,.....OcIA:r... ...c. JU.. .... PI.ALlna VI'TOWIUC..TLU. CITY RoaTH UDIVBLO."'R.T ."OJIOT .A...... . f.1 ..IVI.ro.... TO TRI DL&.FT Ira. . Table 4.6E, page 4.6-13 Table 4.6.E - Year 2025 Without Project latersection Levels of Service P oM. Peak Hoar Intersection Control VlC Delav LOS I. Pepper AvenuelRjalto Avenue Signal 0.678 19.2 B ~ Rancho A venue/Rialto Avenue SjgnaI O.S20 17.5 B - [J. Mount Vemon A venue/Baseline Street Signal .M41, iBJl C ~ 24.6 14. Mount Vernon AvenuelFifth Street Sitmal 0.663 24.3 C . . Mount Vernon A venue/Second Street Signal 0.761 39.5 D b. Mount Vernon A venneJRialto Avenue Signal O.S86 18.2 B . Mount Vemon Avenue/Mill Street $jgnaI 0.790 393 D 8. V"1JIduct BoulevardlSecond Street TWSC .45.0 E" . GiaVll!l!>Ia A venue/SecondStreet TViSC 9.4 A . 10. "L" Streel/Third Street Intersection created IV nroiect II. "L" Street/Second Street TWSC 10.4 B 12. "K" Streel/Third Street TWSC 16.0 C 13. "K" Street/Second Street AWSC 0369 9.9 A 14. "}" Streel/Third Street TWSC 12.5. B IS. "}" Street!Second Street TWSC IS.9 C 16. 1-215 Southbound Off-RampJ'fhird Street Signal ~ ;!9,(; C fJ.1S'l 29.2 17. 1-215 Southbound On-RamP/Second Street SjgnaI 0.997 44.3 D 18. 1-215 Northbound On- Street Sil!llal 0.591 24.7 C 19. 1-215 Northbound OffRamnfSecond Street . Sitmal 0.870 29.0 C ~. "E" StreetlBaseline Street Sitmal 0.613 16.2 B 21. "E" StreetIFifth Street Sitmal 0.726 21.5 C 22. "E" Street/Second Street Signal 0.869 44.1 D 23. "E" StreetIRialto Avenue SjgnaI 0.n8 26.0 C I ..Exoccds level of semoe standard VIe = VoIumekopocity..... IlcIay ~ A_ conttoI delay in seconds. At unsignaJi2Jod u....c..;_ worst-ase opprooch is reporO:d. LOS ~ Lc-Id of Service . .1WSC=1Wo-WaySlllpCooool AWSC = AD-Way S1l>vCootroI R:ICBD2311FElR1ScoU.. <.doc (61IS1lOO4) 4-2 o o c L'. AI'OOIAT.', .IIC. IV.. 'tI. J'IKAL..." UPTOWlflOa.TIU.l. OITY .oaTH ......nJ.:O'IIt..T '.OJEaT .Ll.B. t.. 1.",'1110.' TO TR. DILU'1' &11. Table 4.611, page 4.6-21 Table 4.6.H - Year' 2008 With Project Intersection Levels of Service Illterseelloll COIlII'oI P.M.: Peak Boa. VlC Delav LOS I. Peooer A venuelRialto Avenue Si~.1 0.511 16.6 . B 2. Rancho AvenuelRialto A value Si~.1 0309 15.4 B 3. Mount Veroon AvenuelBaselllle Street Signal .~ ~ c 06n1 23.li 4. Mount Vernon AveouelFitlh Street Si~.1 0.608 '13.7 C S. Mount VernooAvaluelSccond Street Si~.1 0.808 44.2 D 6. Mount Vemon Aveoue/Rialto Avenue .sil!llll! 0.426 16.6 B 7. MOUIIt Vernon Aveoue/Mill street Sil!IllI! 0.616 33.0 C 8. Viaduct.BonlevardlSecond Street Ce4ses to Exist 9. Station Wav/GlavanQla Avalue/Second Street TWSC 14.9 B 10. "L" Street/ThinlStreet TWSC 12.5 B II. "L" Street/Second Street . TWSC 68.4 F* - wUh miJj<>alion - . Sicmnl 0.295 11.0 B 12. "K" Street/Thinl Street TWSC 21.4 C 13. "K"Street/SecondStreet AWSC 0391 10.5 B 14. "J" Street/Third Street TWSC 13.1 B 15. "J" StreetISecond Street TWSC >300 F* - with miti!!ation - Si~l 0.521 23.1 C 16. 1-215 Southliound Off-RampfI'bird Street Signal 0M3 ~ C , . lUH 23..ll 17. 1-215 SouthbonndOn-RamoISecond Street Si~.1 0.620 20;7 C 18. 1-215 NQrfubound On-RanmlI'bird Street Sian.1 0.669 28.0 C 19. 1-215 Nm:1hbonnd Off dStreet Sil!llll! 0.630 223 C 20. "E" StreetlBaseline Street Si~a1 0.550 14.4 B 21. "En StreetlFifth Street . Siona 0.540 17.9 B 22. "En StreetISecond Street Siona 0.680 33.9 C '13. "E" Street/Ria1to Avenue Si~.1 0.490 22.8 C . _level of......._ VIe - VoIumclcapocily I1llio IlcIay=A_cootroI delay in seconds- Al....ignaI;",d ~ _-case opproadl is 1qlOded. LOS - Lcvd orScivicc . .1WSC = rwo-Way Stop Cool!ol AWSC = A\l-Way stop CooiIioI R.:\C8D231\FEIR~OD 4.doc(6fU/2004) 4-3 o. o o U.. ,UaOOIAT... '.0. JV.. "U . PI.AI. aIR. UPTOWJIIa..TUL GITY woaTa .....nLopv..T P"OJ.CT ..a... 6.t ".TlS'O.. TO T.. D!tAPT .... Table 4.6.J, page 4.6-25 Table 4.6.1 - Year 2025WiCll Project IDtersectioa Levels of Service IntenectioD CODtrol P.M. Pair. BODr VlC Delav LOS 1. p.;;;;;:;- A venueJRialto Avemae Sional 0.690 19.5 B 2- Rancho AvenuclRia1to Avenue Sitmsl 0.537 17.7 B 3. Mount Vernoa Av""uelBase1ine Street Sigaal ~:~~ ~ C :M.1 4. Mount Vernoa AvenuelFifth Street Siftllll 0.679 24.6 C S. Mount Veri100 AveauelSecond Street Siftllll 0.854 49.4 D 6. Mount Vemoa AveaudRialto Avenue Sional 0.603 18.4 B .7. Mount Vernon AveauelMill Street Si2D8l 0.802 40.6 D 8. Viaduct BoulevardlSecond Street Ceases to Exist 9. Statioa Wav/Giavanola AvenuelSecond Street TWSC - - ">300 P' - with miJjaation - SimaJ 0.858 37.7 D 10. "1." StreetIfhird Street - TWSC 14.5 B 11. "L" Street/Secood Street TWSC 116.7 P' - with miti;;Crtion - SimaJ 0.308 10.1 B 12. "K" Street/lbird Street TWSC 44.9 E' - withmi~ion - - TWSC 27.0 D 13. "K" StreetISecood Street AWSC 0.488 11.6 . B 14. "J" StreetlThird Street TWSC 16.5 C 15. "J" StreetlSecoad Street TWSC >300 P* - with mitiaation - - SimaJ 0.520 24.0 C 16. 1-215 Southbound Off-RamplThird Street Signal M49 m D ll.2D2 fi.S. 17. 1-215 Southbound On-Romnlsecond Street Si2D8l 1.039 49.6 P' - with miti"ation - - Si<m,aJ 0.840 32.1 C 18. 1-215 Northbound 00- Street- Si2D8l 0.786 29.9 C 19. 1-215 Northbound Off dStreet Si2Dal 0.887 29.6 C 20. "E" StreetIIlaseliae Street Silmlll 0.624 16.4 B 21. ''E" StreetlFifth Street Silmal 0.738 21.6 C 22- "E" StreetlSecoad Street Siftllll 0.899 46.5 D 23. "E" Street/Rialto Avenue Silmal - 0.796 26.5 C . &cecds level ofscmoc standard V1C=VoI1llll<kapacily1llio !ldIy - Average coolrot dc1ay in seconds. At uosignaIi2lOlI;--.., WOIllt-oasc approaoh is JqlOI1<:d. LOS = Lcvd orService 1WSC - T_Way Stop Como( AWSC= Al~Way StopCootroI R:\CBD2311FE1R1Se<Uoo ..doc(6IIS12OO4). 4-4 o U.A. .....OOU.T... ..0. .JO'W. .... ....u: .... vnoYlUC..Ta.AL alTT WO"TH ...DanLorl..n paOJ&CT ....... 6.e ..."UJOM. TO TaE DtUT .... " Sectioil 7.0, page 7-1 . Delete the references to the following reports: ReJ16l't te she .'.fayeI' sn4 G6/t1!rl61t Ce_iJ, 1(J()J Emilleltl ];)6l1raHt Ame..'ldmeltt, Ge1tll'61 City Ne1'th Reic-;elBpmeltt PI'l!icet, Resell6w. Spe\.aellk GFeup, Ine., MlIfc\l2003. lWpoit to the Ats,'8/' 8itd Gemmalt CermeiJ, 1003 Emilwltt Demai1t.11/te1tdme1tl UptOWIt .'?efJe-.elBpment !'I'ejeet, ReSllI\8W, 8jlo'JQ/lek Gfflup, lao., JulyZ.o03. . Appendix F, Traffic Impact AJi.alysis Revisions to Tables H, I, L, N, R, and T as reflected by the changes made to Tables iI.6C, 4.6E, 4.6H and 4.61 in the DEIR. The Level of Service worksheets from which the .revisiol)S to Tables H, I, L, N, Rand T were derived were reviSed. o c .R:\C1lD23I\FE1l!.\Sedioo ..doc(61IS/1OO() 4-5 o o 2) o 5.0 MITIGATION MONITORING PLAN This mitigalionmonitoring plan has been prepared for use in implementing certain of the COnditiODS of approval for: UprownlCentral City North Redevelopment Project Area The program bas been prepared in compliance with State law and the Environmental Impact Report (''ElR") (SCH No. 2003031072) prepared for the project by the City San Bernardino. The California Environmental Quality Act requires adoption of a reporting or monitoring program for those measures . placed on a project to mitigate or avoid adverse effects on the environment (Public Resource Code Section 2108\.6) The . law states that the reporting or mouitoring prograni shall be designed to ensure compliance during project implementation. The mouitoring program contains the following elements: .1) The mitigalion measures are recorded with the action and procedure necessary to ensure compliance. In some instances, one action may be nsed to verify implementation of several mitigation meaSures. A procedure for compliance and verification bas been outlined for each action necessary. 'This procedure designates who will take action, what action will be taken and wheD, and to whom and when compliance will be reported. 3) The program bas been designed to be flexible. As monitoring progresses, changes to compliance procedures may be necessary based upon recommendations by those responsible fur the program. As changes are made, new monitoring compliance procedures and records will be developed and incorporated into the program. R:\CBD23I~ S MitigotionMQoi1Dring Progmm.doc(61ISI2OO4) 5-1 o o o -I- U) .~ ~ (,) Iii w 0'" :J: =I!:! (,) Q..o( c> :to ~ << o .... Z o :E ~ o ~ Cl 1= i ( ~ GI UO Jl! .0( IL W 0: ., IL 0>- ~O ~~ ii:<D 1>:ci "'1= 0_ ..~ IL_ l:::: ::t N ~ <( -0.9 ..c v cn1itQ _en C\i CfRC"C 0.....$ ..f 01.-ca~caLo."C' .m. :ii t! :5 cP ~ S Q. 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JULY 2004 SAN BERNARDINO REDEVELOPMENT AGENCY UPTOWN REDEVELOPMENT PROJECT REPORT TO MAYOR AND COMMON COUNCIL o uptown Redevelopment ProjectArea 2004 En*Ient DamI*I to the PIIm Adopted on: Ordinance No. o RedevelopmentAgerq of the City of San Bernardino 201 North "E" Street, Suite 301 San Bernardino, California 92401-1 fJJ7 ~~----~ ~ ~--'. - _;.Jllli\~i= .___..______________.n._ __m._ __ .... "h'___ ROI Bnow Spevacek Group, Inc. 217 North Main Slreet.Su~e 300 Santa Ana, California 92701-4822 Phone: (714) 541-4585 Fax: (714) 836-1748 E-Mail: info@webrsg.com o o 2004 Eminent Domain At"ondrllont Uptown Redevelopment ProjectArea Table of Contents IlItre>>clllc:tiC>>I1............................................................................... i. Amendment ...............................................................................2 o o P:'CEVEl.ClPt.E~~MeDoENf6-21-04'OOC o o o 2004 Eminent Domain AnlOl'ldnlCnt , Uptown Redevelopment ProjectArea Introduction The Common Council of the City of San Bernardino ("Common Council") approved and adopted the Redevelopment Plan ("Plan") for the Uptown Redevelopment Project Area ("Project Area") on June 18, 1986 by Ordinance No. MC-527. On December 19,1994, the Common Council adopted Ordinance MC- 927, establishing certain time and financial limitations imposed by the passage of Assembly Bill 1290 in 1993. On December 1, 2003, the Common Council adopted Resolution No. MC-1161, which eliminated the debt incurrence deadline for the redevelopment plan. The 2004 Eminent Domain Amendment to the Redevelopment Plan for the Uptown Redevelopment Project ("Amendmenf) makes certain changes to the text of the Plan. This Amendment would reinstate the Redevelopment Agency of the City of San Bernardino's ("Agency") power of eminent domain within the Project Area for twelve (12) years from the date of effectiveness of the ordinance adopting the Amendment. This would enable the Agency to retain all tools available to the Agency in implementing the Plan and revitalizing the community. The original Uptown Redevelopment Plan only had eminent domain authority over industrial and commercial properties and residential properties were exempt. The Agency proposes to reinstate the power of eminent domain on industrial and commercial properties and extend to residential properties. The Agency does not have any immediate or specific plans to use eminent domain to acquire property at this time. However, staff, consultants, and legal counsel feels that it is very important to preserve this power because it is a necessary component to completing future redevelopment activities. The power of eminent domain is especially necessary for those projects involving land acquisition. The ability to consolidate lots for new development and abate or provide mitigation between incompatible uses is essential in addressing the remaining conditions of blight in the Project Area. The changes by this Amendment are not to be construed to amend, modify, change or affect in any other provisions the text of the Plan and does not add or delete territory from the boundaries of the Uptown Redevelopment Project Area. The Plan is hereby amended as follows: ROSENOW SPEVACEK GROUP,INC. PAGEl o Amendment That "Subsection C. Property Acquisition" of "Section V. PROPOSED REDEVELOPMENT ACTIONS" of the Plan is hereby amended in it's entirely to read as follows: C. Prooertv Acauisition 1. ACQuisition of Real Prooertv Except as specifically exempted herein, the Agency may acquire real properly 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 properly, and any improvements on it, including repurchase of properly owned by Agency, exchange, cooperative negotiation, or eminent domain. It is in the public interest and is necessaty in order to execute this Plan, for the power of eminent domain to be employed by the Agency to acquire real properly in all portions of the Project Area, with the following exclusions: o a. Except as otherwise provided, within, or otherwise provided by law, no eminent domain proceedings to acquire properly 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. b. Agency shall not acquire from any of its members or officers any properly or interest in properly except through eminent domain proceedings. c. Properly 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. d. The Agency at the request of the Common Council may accept a conveyance of real property (located either outside a sUNeyarea) owned by a public entity and declared surplus by the public entity, or owned by a private entity. The Agency may dispose of such properly 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 properly may at the discretion of the Common Council be paid to the City, or to the public entity from which any such properly was acquired. c ROSENOW SPEVACEK GROUP,INC. PAGE 2 o Any exercise of its power of eminent domain by the Agency shall be subject to all of the limitations set folth in this 2004 Amendment These limitations may only be extended by subsequent amendment of the Plan. The Agency shall, if at all, exercise the power of eminent domain in accordance with the provisions and prerequisites of the Califomia Eminent Domain Law [Code of Civil Procedure Sec. 1230.010 et seq.] and the Califomia Relocation Act [Govemment Code Sec. 7262 et. seq.]. 2. Acauisition of Personal Prooerlv. Anv other Interest in Real Prooerlv. or Anv ImDrovements in Real Prooerlv Where necessary in the implementation of the Plan, the Agency is authorized to acquire personal properly, any other interest in real properly, and any improvements on real properly including repurchase of developed properly previously owned by Agency by any lawful means. END OF TEXT OF THE AMENDMENT o o ROSENOIN SPEVACEK GROUP, INC. PAGE 3 C Uptown Redevelopment Project Area 2004 Eminent DanII*I to the PIIm Adopted on: Ordinance No. c RedevelopmentAgenqt of the City of San Bernardino 201 North "E" Street Suite 301 San Bernardino, California 92401-1507 5[ ... ":',.- ~ _;.Jilll \ ~~i'= ____ ___n___n_______________m __ _ ._ _n___ _ ________ Rosenow Spevacek Group, Inc. 217 North Main Street, Suite 300 Santa Ana. Califomia 92701-4822 Phone: (714) 541-4585 Fax:(714)~1748 E-Mail: info@webrsg.com c c c c 2004 Eminant Domain AI11.end.llant uptown Redevelopment ProjectArea Table of Contents Introduction...............................................................................1 Amendment ...............................................................................2 ~lI'I'OWNFfW.REPCRT/IK)1eXT'0:llM~.N.IKU3fI'~ C 2004 Eminent Domain AI1lC.ndnlent uptown Redevelopment ProjectArea Introduction The Common Council of the City of San Bemardino ("Common Council") approved and adopted the Redevelopment Plan ("Plan") for the Uptown Redevelopment Project Area ("Project Area") on June 18, 1986 by Ordinance No. MC-52? On December 19,1994, the Common Council adopted Ordinance MC- 92?, establishing certain time and financial limitations imposed by the passage of Assembly Bill 1290 in 1993. On December 1, 2003, the Common Council adopted Resolution No. MC-1161, which eliminated the debt incurrence deadline for the redevelopment plan. c The 2004 Eminent Domain Amendment to the Redevelopment Plan for the Uptown Redevelopment Project ("Amendmenr) makes certain changes to the text of the Plan. This Amendment would reinstate the Redevelopment Agency of the City of San Bemardino's ("Agency") power of eminent domain within the Project Area for twelve (12) years from the date of effectiveness of the ordinance adopting the Amendment. This would enable the Agency to retain all tools available to the Agency in implementing the Plan and revitalizing the community. The original Uptown Redevelopment Plan only had eminent domain authority over industrial and commercial properties and residential properties were exempt. The Agency proposes to reinstate the power of eminent domain on industrial and commercial properties and extend to residential properties. The Agency does not have any immediate or specific plans to use eminent domain to acquire property at this time. However, staff,consultants, and legal counsel feels that it is very important to preserve this power because it is a necessary component to completing future redevelopment. activities. The power of eminent domain is especially necessary for those projects invoMng land acquisition. The ability to consolidate lots for new development and abate or provide mitigation between incompatible uses is essential in addressing the remaining conditions of blight in the Project Area. The changes by this Amendment are not to be construed to amend, modify, change or affect in any other provisions the text of the Plan and does not add or delete territory from the boundaries of the Uptown Redevelopment Project Area. The Plan is hereby amended as follows: c ROSENOW SPEVACEK GROUP, INC. PAGEl c Amendment That "Subsection C. Property Acquisition" of "Section V. PROPOSED REDEVELOPMENT ACTIONS" of the Plan is hereby amended in it's entirely to read as follows: C. Prooertv Acauisition 1. Acauisition of Real Prooertv 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 necessaty 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: c 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. b. Agency shall not acquire from any of its members or officers any property or interest in property except through eminent domain proceedings. c. 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. d. 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-tenn lease for development. All or any part of the fu'nds derived from the sale or lease of such property may at the discretion of the Common Councif be paid to the City, or to the public entity from which any such property was acquired. c ROSENOW SPEVACEK GROUP, INC. PAGE 2 c 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. The Agency shall, if at all, exercise the power of eminent domain in accordance with the provisions and prerequisitss of the Califomia Eminent Domain Law [Code of GMI Procedure Sec. 1230.010 et seq.] and the ~Califomia Relocation Act [Govemment Code Sec. 7262 et. seq.]. 2. Acauisition of Personal Prooertv. Anv other Interest in Real ProDertv. or Anv ImDrovements in Real Prooertv Where necessa1Y 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. END OF TEXT OF THE AMENDMENT c c ROSENOW SPEVACEK GROUP, INC. PAGE 3 c FINAL ENVIRONMENTAL IMPACT REPORT UPTOWN/CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA CITY OF SAN BERNARDINO SAN BERNARDINO COUNTY, CALIFORNIA \. c "..~.."I.'.'...I.... "-".x.;.",;.- ':C'_':'_':'." :.:'_-: . ..,...., ....,--.. ,,'" 'I,:;"""':" -'.:.:.,., ,: . ............. ".','." . .:.' ;".:::.,::::,:,... ,,:::::y.. .:: i '"":":):;' ."+; .H.?;':,:r-' . . ,"_'_',,', n','_ ,"'" .................. --.-.. c ]uneI5.2004 c c c FINAL ENVIRONMENTAL IMPACT REPORT UPTOWN/CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA CITY OF SAN BERNARDINO SAN BERNARDINO COUNTY, CALIFORNIA Prepared for: City of San Bernardino Development Services Department 300 N. "D" Street, 301 Floor San Bernardino, California 9240 I Contact: Ms. Valerie Ross, City Planner Prepared by: LSA Associates, Inc. 1650 Spruce Street, Suite 500 Riverside, California 92507 (909) 781-9310 Reviewed by: The City of San Bernardino bas independently reviewed, analyzed, and exercised judgment in the analysis contained "in the Environmental Impact Report and supporting documentation pursuant 10 Section 21082 of the California Environmental Quality Act (CEQA). LSA Project No. CBD23 I I~;,jj~~il;~ It.-D....._ juneI5, 2004 c o c TABLE OF CONTENTS .1.0: SUMMARY OF THE FINAL ENVIRONMENTAL IMPACT REPORT............................... I-I I. I INTRODUCTION........................................................................................................... I-I 2.0: PUBLIC REVIEW OF THE FINAL ENVIRONMENTAL IMPACT REPORT..................... 2-1 2.1 LIST OF PERSON, ORGANIZATIONS AND PUBLIC AGENCIES COMMENTlNG.ON THE DRAFT EIR ........................................................................ 2-1 2.1.1 COMMENT LETTERS RECEIVED FROM UTILITY PROVIDER.................. 2-1 2.1.2 COMMENT LETTERS RECEIVED FROM PUBLIC AGENCIES ....................2-1 3.0: RESPONSE TO COMMENTS ON THE UPTOWN/CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA FINAL EIR .............................................................. 3-1 4.0: REVISIONS TO THE DRAFT EIR ......................................................................................... 4-1 5.0: MITIGATION MONITORING PLAN ...................................................................................... 5-1 MITIGATION MONITORING CHECKLIST ......................................................................... 5-2 TABLES Table 4.6C: Year 2008 Without Project Intersection Levels of Service........................................... 4-1 Table 4.6.E: Year 2025 Without Project Intersection Levels of Service.......................................... 4-2 Table 4.6.H: Year 2008 With Project Intersection Levels of Service ............................................... 4-3 Table 4.6.]: Year 2025 With Project Intersection Levels of Service ............................................... 4-4 R:\C8D231\FEIRIC- T - T.doc (6I1SI04) c 1.0 SUMMARY OF THE FINAL ENVIRONMENTAL IMPACT REPORT 1.1 INTRODUCTION The Final Environmental Impact Report (FEIR) for the Uptown/Cenlnll City North Redevelopment Project Area (State Clearinghouse No. 200303 1072) has been prepared in accordailce with the California EnviroIlmental Quality Act (CEQA) and the guidelines for the implementation of CEQ~. Hereafter, the Initial Study, Notice of Preparation, Notice of Availability, Draft EIR, Technical . Studies, and Final EIR containing Responses to Comments and including the Mitigation Monitoring Plan cOnstitute the EIR for this project These documents will be referred to collectively as the EIR. The persons, organizations, and public agencies that have submitted comments on the Draft EIR throngh May 2(>, 2004, are listed in Section 2.0 of the FEIR. A total of four comment letters were received. Three (3) comment letters were received from public agencies, and one (I) was received from a utility service provider. o The individual comment letters submitted regarding the DEIR and individual responses to each' comment are included in Section 3.0 of the FEIR. The primary objective and purpose of the EIR public review process is to obtain comments on the adequacy of the analysis of environmental impacts, the mitigation measures presented, an<! other analyses contiined in the repOrt. CEQA requires that the City respond to all significant environmental issues raised (CEQA Guidelines Section 15088). The City's response to environmental issues, "... must be good faith, reasoned analysis." Comments that do not directly relate to the analysis in this document (i.e., are outside the scope of this document) are not given specific responses. However, all comments are included in this section so that the decision-making body' for the proposed project is aware of the opinions of public agencies, organizations, and the general public. . Based. upon the review of the Draft EIR and Technical Appendices, portions of the Draft EIR have been revised. Section 4.0 of the FEIR identifies those portions of the DEIR that have been revised subsequent to the release of the document for public review. Per CEQA Guidelines (Section 15088.5[aD, ". . .New information added to an EIR is not 'significant' unless the EIR is changed in a way that deprives the. public of a meaningful opportunity to comment upon a substantial adverse enviroIlmental effect of the project of a feasible way to mitigate or avoid such an effect (including a feasible project alternative) that the project's proponents have dec1ined to implement" While minor editorial revisions have been made, no revisions to the DEIR were made in response to any comment received during the public review period. The minor editorial revisions made to the DEIR do not constitute significant "new information" that would require the recirculation of the EIR. c Section 5.0 includes the Mitigation Monitoring Plan prepared for the proposed project. As required by State law (public Resources Code, Section 21081.6), the MMP has been prepared to ensure compliance with the mitigation measures adopted for the proposed project by the City of San Bernardino. Public Resources Code, Section 21081.6 requires the adoption of a reporting or monitoring program for those conditions placed on a project to mitigate or avoid adverse effects on the environment R:\CBD23I\FEIR'&ctiou.I.doe (&'ISl2OO4) I-I . c o c 2.0 PUBLIC REVIEW OF THE FINAL ENVIRONMENTAL IMPACT REPORT 2.1 LIST OF PERSONS, ORGANIZATIONS, AND PUBLIC AGENCIES COMMENTING ON THE DRAFT EIR. Per Section 15105(a) of the State CEQA Guidelines, a DEIR submitted 10 the State Clearinghouse for review by State agencies sball have a review period, "..,not less than.45 days." The public review period the DEIR extended from April 8, 2004 10 May 24, 2~, a period of 47 days. The public . review period for the DEIR exceeded the minimum required by CEQA. The Draft EIR was propetly noticed and distributed alid was available at San Bernardino City offices and at the Feldbym Central Library. Additiollll1ly, the document was available in its entirety on-line at the City's website. . Comments to the DEIR were received by mail only. The persons, organizations, and public agencies. that submitted comments regarding the DEIR through May 26, 2004, are listed below. A Iotal of four comment letters were received. Three comment letters were received from public agencies and one comment letter was received from a utility provider. The City accepted one comment letter subsequent to the close of the public review' period. While the City is not required to respond to comments received after the close of the public review period, to ensure the thorougb consideration of public opiuion, this letter bas been responded to in full. . 2.1.1 Comment Letters Received From Utility Provider (1 Letter) A Tbe Gas Company (April 29, 2004) Rogelio A. Rawlins Technical Services Supervisor 2.1.2 Comment Letters Received From Public Agencies (3 Letters) B Southern Califoruia Association of Governments Jeffrey M Smith, A1CP Seuior Regiollll1 Planner, Intergovernmental Review (May 12,2004) C State of California, Department of Toxic Substance Control Greg Holms, Unit Chief Southern Califoruia Cleanup Operations Brancb (May 21, 2004) D San Bernardino Associated Governments Steve Smith, Principal Transportation Analyst (May 26, 2004) . R.-\CBD2J1'\FElR\Section 2.doc (611S12004) 2-1 c 3.0 RESPONSE TO COMMENTS ON THE UPTOWN/CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA FINAL EIR The comments on the Uptown/Central City North Redevelopment Project Area Draft EIR (State Clearinghouse No. 2003031072) and the individual responses to each comment are included in this section. TbeprimaIy objective and purpose of the EIR public review process is to obtain comments on the adequacy of the analysis of environmental impacts. the mitigation measures presented. and other analyses contained in the report. The Ca\ifornia Environmental Quality Act (CEQA) requires that the .City of San Bernardino respond to all significant environmental issues raised (CEQA Guidelines Section 15(88). Comments that do not directly relate to the analysis in this document (i.e., are outside the scope of this document) are not given specific responses. However, all comments are included in this section so that the decision-ma1rers know the opinions of the commentors. c In the process of responding to the comments, minor revisions to the Draft EIR. have been made. None of the changes to the Draft EIR is considered to be significant new information (CEQA Guidelines Section 15088.5 [a]). Comment letters are arranged in chronological order. Aside from the courtesy statements, introductions, and closings, individual comments within the body of each 1etter have been identified and assigned an alpha-ilumeric identifier. The first digit in the identifier indicates the specific comment letter, while the second digit identifies the specific comment within the each connnent letter. For example, the connnent identified as A2 will correspond to the second comment, in the first coounent letter received. Copies of each comment letter. are included in the FmaI EIR. Brackets delineating the individual comments and the alpha-numeric identifier have been added to the right margin of each letter. Following each coounent letter is (are) the page(s) of responses to each individual comment. c R:'CBD231~3.doc:(6Il.SJ2OO4) 3-1 o c c . .u",_,_~.,_"""".~"'..' OO{g@~U\Yl~fID MAY 0 7 200II ... CITY OF $AN IIEIlfUUlIlIIIO ~SEIIIIlI:E!S DEPAR1Ul!Hr -~ ....~ _w...--_ _CAlI!3I'oo'9JZO , .......- l'O"'_ _CA.....- Fl.: A ~ Sellqll'll Energ( ulIIty April 29> 2004 City of SaIl Benardillo ~tSemc:esDepartmellt 300 N. '"D'" Stnet Sa BenanIIDo, CA !n418 AtteatfoJa: V.... c.lt8sa Ra: UptoWll ad Cadnl Oty l(ortlr. RedeveJopmellt I'rojlld Area l'1aD. - Oty of SaIl BemdfDo. 1baJdc you fir tile opportunity to xespoad. to !be ~ JllO.iect. Please DOle that Soutbem OoNfiwnja Gas. ~ has Dcilitics in !be ~ wbt.ro tile &bo've DaIIICd project is JXOll_d Gas. scnice to tbeJllO.iect coaJd be p:oviileci wjIhout any cigltifil:ant impad mb CD"i.....tW!llt. The scnice woaId be in .MXdaace with b ~ po&ies lIIId axIl:DSim roIcs m file with tIleCalifumiaPllbIW Utilities Collllllis$iCl1atJ;he tinlcc:cllllrlWtwlJ ......~ ..- are made. You sbould be aWU'O that this kucr is not to be iutbtplacd as a c:om:rae1Ual............~ to serve !be p<~ projCCl, bat only as aD iDfomlati<Im1 ~ Tba availability of u.1UIal gas SllI'Vioc, as set foI1h in this Jet1m', is based upon "" ~s:m Qordmnn& of gas supe)y lIIId regulatory policies.. 1.$ a pIlb& uliIity, '[be SouIhcrJI CaliPnia Gas ~y is \IIldcr tile jurisdicticm of !be c.ur'l(ftia PllbIW Uti1itios C""""';.dul. We can also be .11fCClrXI by acliOllS of federal RlgUIatory .~"" Should Ibcsc -r--i"" ~ any aCtiClll, Wbich a1rcets gas supply, ar thC eaoditiOllS uudm' whic:b semcc is available, gas savice will be pro'Vidcd in 8llCCIdance with zevised CClIJdidtIn& . . . Typical <lez>-Id use for: a. Re6i.lHdi_l (SystcmAzr:aA~ Pa-Mater) ~ S. Family . 799.~dwelJiugllDit Multi-Faui)y 4 ar less units 4S2 tbltmsfyc8I: dwe1Iing Ullit Multi-Family S armore 1IDits 483 ~ dwdIiogllDit 1besc aVU2ga: are based m toIBl gas COI'''''Tm in. ~M1sMI uaits ~ by SonlVm c-lifiwnill Gas CoIropatty, mi it should DOC be implied \bat my particular ~ "ITC&1U.CDt or tract ofhomlls will use tbcsc aJDOUDfS of enetgY. A1 A2 .... o AptiI29.2OO4 ~2 b. Couw..=iaI Due to the fact that COIISlIUCtia:I varies 10 wicIc1y (& glass 1luillIiq 'tL a hcm1y J iIIp.bted ~ldirog) md tba:cis SIIllb a wjdc,...;- ill lJpeaof~.I. aud. a A2 typicIl """""'" fipn; is DOt awiIIbIe far this type of coastrucliaa. C*ulati0llS . would need to be lIlICIe afta- the buiJdiDg bas becIl cJeArd We lIawDcaland Siclo ~~ pl~- naiIab1e to 4'>.......da1/iQduslria1 C<bto-rs to }A3 ' p:oYicfe ...!- ill 101-", & DIllSt dfoclive' IpplilWij.... of mcqy of CIQ(' f1M:t&Y ....-.moo programs. please ~ ourr....~.._.~ SupportCartcnt l-8OO-GAS- 2000. o Slm:erely. f~~_ fl ~ l; .iQdioA. RawIiDs Tcdmical Services Supcrvisoc c o LI. "'OCIATES. INC. JUN_ UU p.MA1.an, UPTOYKICENTaAL CITY JfO..-TH aI!Da:va:LOPMaNT paOJaCT AtKA S.. ....IPO.I. TO OO"M&NTI RESPONSE TO LETFER A The Gas Company Respoose to Comment AI: The Initial Study prepared for the proposed project (Appendix A of the Draft EIR) states that prior to approval, development within the Redevelopment Project Areas would be required to provide evidence that it can be adequately serviced by the natural gas and electricity provider, and submit plans showing the incorporation of energy conservation measures into the project in accordance with Tide 24 of the California Adminioh'ative Code. Adherence to these requirements would reduce utility impacts to a less significant level The Gas Company comment that, "Gas service to the project could be provided without any significant impact on the environmenl," corresponds with the Initial Study's findings related to the provision of gas service. Respoose to Comment A2: The estimated energy reqUirements detailed in the Inilial Study were based OIl Sooth Coast Air Quality Management District (SCAQMD) generation factors (Table A9-11 Eatinulting Emissions from Electricity Consumption by Land Use, SQAQMD CEQA Air QlUllity No~book.) Using these generation factors, the Mercado Santa Fe componept of the proposed project was estimated to consume approximately 9,303. cubic feet of natural gas per day. Development projects within the Redevelopment Project Areas undertaken subsequent to the reinstatement of eminent domain would be subject to review by the City and the Gas Company to ascertain the significance of potential impacts to the provision of natural gas. o Respoose to Comment A3: The City recognizes and appreciates the availability of the Gas Company's Demand Side Management programs. The City win convey to the proponents of future development within the Redevelopment Project Areas of the availability of these programs. c R:'CBD231\FBIR.\Soctioa J.doc (6I1S12:OO4) 3-4 o $OUTlIERN CAUFORtl'A ASSOCIATION of GOVERNMENTS Mila 0IIke 818 West _nth Slreet 12lh fIoo< Los AnpIes, c.UIumI. _7'3435 I (..]I 2]6-1'" 1(:u]l_'5 ....~~..... __ ....... ':i .'" PeIy,. OjiRnf ........."- ~ 1M ....... .. s...I WiGI ~ : ~~~.:=r;;: HrIilDl . -----'-. ..SIlidIIl....... ....... '-'IJr.... ....,.... .......c...,............,.fMAapIn c.u.,................s..G6W.Paul ............... '-CIIIIBIIIr, lI!I....... ........ CII4. ....... .. .... ...... -.---."" --...-..-. ..... GMef. ... ~ .. ".. G.ftdt. -.--..-.-- .. ..... .. --- .... c-..... .. .. ...........-................ .... INcII .. .... ..... ... __ .. IdtIl --.---. ........................ ....... ....... ... ere-. SIlO 1IIIIb" Ala -..-.--..- ........__.._.._...fb..... ..-...-.....-..-. .........,......--............. ...........---........ ........._.....,......... ..,................c.-........ .... -...... .......... ~.. . ............. --"",--,-. ..... ..... ......... .. .... ..... .. M.......,...~..... ..... c.t. ......... ..... .. ~ ........__........."""l* 1RlI.._...................... ................ ....... .... ... MIIr. ...... ................bIIe........... ---...- ...... .. "" .... ~ Or .. .. -- ...--....-... ...... c..tr .. . ~ ..... -.--.....- ,..,.'-'...........s.m. c-ir...s......s.......... ...0.-.-'___ ~_....._-_. ...... sw........ c.t........ s. .. .................. c..., - ..... AIIIldr: .....--- ...... CMIIr" . l' c-w.: --- ....ClMIlr- - C-W-.. ....5l1li.... . tit ................ ....,..... I!m!IB ~.-_... -;- ~::' ~._~" "O{ ,,,--: . .-: ~:' " .~~ ill m IG: '33 May 12, 2004 (' . s.......: ~~~.. . ':-:-~.:'.>:O Mr. Mike Trout. Project Manager Economic Development ~ 300 NoIth "D" S1reet San Bemardino, CA 92418 RE: SCAG CIearIngh0us8 No. I 20040220 Uptown and Central CIty NO/'I!1' Redevelopment Project Aiea Plans Dear Mr. Trout: Thank you. for submitting the. Uptown and Central CIty North Redevelopment Project Area 'P1ans review and' convnent. As areawide clearinghouse for regionaDy slgnlficant projecls, SCAG. reviews the consistency of JocaI plans, projeds and progranis. with regIOnal plans. This activity is based on SeAG's respoIISlbDities as a regional planning orgSnlzatlon pursuant to state and federal laws and regulations. Guidance provided by these . reviews Is intended to assist JocaI agencies andprojecl sponsors to take actions that coriblbute to the attainment of regional goals andpolicies~ . We have reviewed the Uptown and Central CIty North Redevelopment Project Area Plans, and have determined that the proposed Project is not. regionaDy sIgnificanI per SCAG IntergovemmenlaJ Review (IGR)' Criteria and Califomia Environmental QuaIty Pd (CEQA) Guidelines (SectIon 1s206): 81 Therefore, the proposed Project does not warrant CXll1TIlents at this time. Shoulcl there be a change In the scope of the proposed Project, we would appreciate the llppOI1\.Il1lty to.1l!View and convnent at that time. A description of the proposed Project was published in SCAG's April 1-15, 2004 IIJIergovemmenfa Review Clearinghouse Report for public review and OChU~~4- The project IitIe and SCAG Clearinghouse III.ITIber should be used in all correspondence with SCAG OOllCelTling this Project. Correspondence shouid be sent to the attention of the ClearInghouse Coordinator. If you have any qt!8Slions, please contact meat (213) 236-1867. Thankyou. Sincerely, ~~~.~ SenIor Regional Planner IntergovemmentaI Review o L.... .....OCIA.Ta.. UIC. JU". S.U . 'I.ALE... U'TowltlCaMTIlAL CITY .oaTH ...D.nLO......T. .kOJaCT AREA I.' .....0..... TO CO"IlU,KT' RESPONSE TO LEITER B Southern California Association of Governments Response to Comment Bl: The letter informed the City that based on SCAG's Intergovernmental Review (lGR) Criteria and CEQA Guidelines (Section 15206), the proposed project is not n:gionaUy significant. . No comments are warranted. The City recognizes and appreciates SCAG's review of the DBlR. Becanse no comments related to the scope. or adequacy of the DBlR were raised, no response to SeAG's comment is required. o c R.o1.CBD23J\fEIR\Sectioa 3.doc (61ISI2OO4) 3-6 00 -~ --' - ... Ttny......6.oi. At/JIIq ~..., CIIIEPA Department Of. Toxic Substances Control . 'edwlPF lDwry. DQcIor 1001 ..,. Slreel, ~ FIocr .P.O:Box806 &.../"'dCl!40. ~\lia 95812-0806 . _lid__ GOI~.o FROM: OO~~~~:[gfP) Rania Zabaneh, . arv OF SAN 9ERNA!llllNO Site MtIgalIon PrognIm. ~4~ bu '. ~SEIlIIJCm GuenlherW. ~ ChIef II- . m Planning & EnvIronmert1lII Analysis Section AprIl 13, 2004 MEMORANDUM TO: DAlE: SUBJECT: ceCA ENVIRONMatrAL DOCUMENT REVIEW FOR: UPTOWNICENTRAl CITY NORTH AeDEWl.O'PMeNTPROJECT. SCH# 2003031072 o The OfIic:&ofEnviluhll.eldaJ AnaIysf$. ReguIat!ons Ii. Audits (OEARA) recehedthe alIached . doa.ment from an outside agency tor J;m3C. niiIIew as a pote.,1iaI Re!1ponslbIe or InteIesled Agency ~ the CallfamlaEtivktll'iIl'Iel'ltal-C~ualit)' Ad (CECA). A pt........ry review at this doalment by ourollice shows that the prqect may tal within the regu/atDry authadly at DTSC beca..... It InvoIYes one d the foI/Owing.1and uses that could potentlaIJy expose indMChJa/S to hazards orhazatdous rnaIeriaJs: B ~ AN EX1S11NG OR PROPOSED SCHOOL SITE SENSITlVE \.AND USES.{e..g.. daycare 1aclIIb'. nUl1ling home, hospilaJ) NON-SENSITIVE LAND lJ!3l;S (e.g., ~ or hb;lrlal facII6es) This document Is being forwarded to yot.I' ofIioe forfUrlher , s r! ! ,rnent, P/eaSe provide the Lead AQew:JI !hatts Ide.dIfied on1ll6 ~ NoIIce ofComp/etian FormWilh any ..........enls you may have on this doa.merit befare the c/ose at the comment period (lfI24I2OO4). AIklr your revfew, p'e ireCXll.1lIeIB 1heInb,llafuinequesfsdin lhe box below and refJ.m thl$fixm IIoClll' oCIIce at lhe folIo.wing address: CECA Trad<k1g Center Office at EnvIRlnmentaI An;l/)<sis. PFgIJkdItvJs & AudIts 10011 snet. 22nd Rood P.O. Box. 806 SacramentD. CA ~12 . . ~WERE SENTTOnlELEAD N3ENCV and a corrY forwarded to oEARA via: ~M alIachment to 1h/s dcxunilnt o FaJC@t916J323-3215 COMUENTSWERE.I!IQI SENT TO ntE lEAD AGENCY """"-: [] The proJed cId not flIIl wilI1in the pfsdIclIon d DT&: [J The docl.Jnenledf<ptafely an ! 5 e d impada iom the proposed p'<lject as It....... DlSC's_ofjl~ c .. PifnIlld an Aot:jded PIper 5/5 S:J\td .a.5~&6.6'ar SPla/SUld oupas 40 ~~'~'NO~d &5'&1 "-.B-AWN o o c e ,~I -=l&>" - -:- . IBJ!EI Department ~f." oxic. Substances Control ~ F.I.OwIy, Olreclor ~"Corpcnte A'VllIIlHI ~CaL.""90630 AmtMJSdl-.-lOl -- Ten,.T........ JoIMJ ......., CIIIEPA May 21, 2004 oo~~~~:~@ Ms. Valerie Ross Deputy DiIeclodClly Planner Redevelopment Serviges Deparlmerrt City of San Bernardino 300 North "D" Street San BemardIno,eaflfomia 92418-i:lOo1 NOTICE.oF COMPLETION OF A. DRAFJ: ENVIRONMENTAL IMPACT REPORT FOR THE UPTOWN/CENTRAL crrYNORTH RS)EVELOPMENT PROJECT AREA PlAN AMENDMENTS (SCH # 2003031072) CITY OF SAN SSlNAIl:lL'IO IlE1f!ll)PI.=-"T llCRV'lCllS DEl'AATUiHT Dear Ms. Ross: The Department of Toxic Substances CoofroI (DTSC) has received your Notice of Complellon (NOC) of a dl1ilft EnWonmeiltal Impact Report (EIR) for the above- mentioned Project. Based on the revfewofthe doaJmenf, DTSC's comments are as follows: 1. 2. C3 In: SOWd $ PrlnIOd... RrIl>dod P_ . . eeeslo8E:aeS",ol.'. . &P1s/SUld DUpes ~a .0<"1:)'110"" ..co ..,. .._.r._......... o o o II!Da Ms. Valerie Ross May 21, 2004 Page2of3 · National Priorili~ List (NPl): A list is maintained by the United States Envimnmenfal ProtectIon Agency (U.S.EPA). · CalSites; A Database primarily used by the Carlfomla Department of Toxic Substances Control. · Resource Conservation and Recovery Information System (RCRlS): A database of RCM facliltles thatis maintained by u.s. EPA · Cornplehensive Environmental Response Compensation and Uabllity Information System (CERCUS): A database of CERClA sites that Is mainfained byU.S.EPA C3 · Solfd Waste Information System (SWIS): A databalMt provided by the . California J/1tegrab!d waste Management Board which consists of both open as well as closed and inactive sorld waste disposal faalities and tJm ISler station$. · leaking Underground Storage Tanks (lUS1) I SpDJs, leaks, Investigations and Cleanups (SUC): A list that is maintained by Regional Watsr Quality Control Board (RWQC8). · tocaI County and City maintain lists for hazardous substances cleanup sites and leaking underground storage tanks. Prior"fo approving the dl8ft EIR. p/ease addnlss aD of DTSC's commenls. As the lead }C4 agency, It Is )'OW' responslbilityfo ensule that all of DTSC's ~ ~ properly addre$Sed. OTSC provides guidance for prepaI3lion of a PrelimInary Endangerment Assessme.1t (PEA), and cleanup oversight through, the Voluntary Cleanup Program (Vcp).For addlfJonal information on the Vcp, please visit DTSC's web site at www.dtsc.ca.oov. S/E: 89\td 88l11S__6'OI SPla/SUld GUpas ~o ~~'O'NO~4 ~S'&l .lII-.~-AVM ... o Ms. Valerie Ross May 21, 2004 Page3of3 If you bave any questions reganJing this letter, please contact Mr. Johnson P. Abraham. Project Manager, at (714) 484-5476. Greg Holmes Unit ChIef Southem CaIIfomia Cleanup ~ns Blanch . Cypress Office ... . .. c cc: Govemots Office of Planning and .Research State Clearinghouse P.O. Box 3044 Saa'amento. Califomla 95812-3044 Mr. Guenther W. Moskat, Chief Planning and EnvIronmentalAna/ysi$ secUon CEOA Tracking Center Deparfment of Toxic SubstanceS Con1roI P.O. Box 806 Sacramento, Califomia95812;,oaoa c 5/" lI:NdI 8e8!1IoBt:Ses'!> I. BpIS/GUld DUpes 10 ~~I~'NOK4 ~!I'El ...-..t-AVN c c c I... &I.OOIATa.. ..0. JUllalt" .UU.1. .... U'TOWlIIGalfTI.AL CITY MOIlTR .aD.vaLO'''.lIT raOJllaT .A.".. s.t .."0.1a TO OO......T. RESPONSE TO LETTER C California Department of Toxic Substance Control Response to Comment Cl: The Notice of Preparation (NOP) referenced by the commentor was prepared by the City and distributed on March 14, 2003, to the State Clearinghouse, responsible agencies, and other interested parties for a 30-day review period. This public review period extended from March 14 to April 14,2003. Subsequent to the initial distribntion of the Initial Study (IS) and NOP, the City refined the proposed project to more appropriately focus the environmental document on the programmatic natore of the proposed project The discussion of potential hazardous material impacts associated with the proposed project was similarly revised. To ensure adequate agency review of thechaoged character of the proposed project, the City redistributed an updated and. revised IS and NOP to public agencies for a 30-day review that extended from February 18to March 18,2004. The Department of Toxic Snbstance Control (DTSC) did not provide comments on the recirculated Initial StudyINOP. . The following discussion is provided to ensure that the concerns expressed in the agency's April 8, 2003 comment letter are adequately addressed (numbering equates to the comment number included . in the April 8, 2003conllnent letter.) 1-5: Only the proposed site of the Mercado Santa Fe retail development was recognized as having a potential for on-site hazardous materials. Prior to demolition of stroctures and/or constroction, the City will require a Phase I Site Assessment to determine the presence/absence of hazardous materials. The remediation, removal, and/or disposal of any hazardous materials identified during the course of the Phase I Site Assessment will conform to applicable Federal, State, and local requirements; thereby, reducing potential impacts related to this issue to a less than significant level. The site-specific risks associated with other future development within the Redevelopment Project Areas cannot be sufficiently. identified at a program level. 6: The required contents and procedures for preparation of an Initial Study are established under Section 15063 of the State CEQA Guidelines. CEQA does not mandate the use of a standard Initial Study Checklist Section 15063(f) states, "...publicagencies are free to devise their own format for an initial study." The Initial Study Checklist has been determined by the City . to adequately fulfill the requirements established by CEQA. 7-12: Future development within the Redevelopment Project Areas will be subject to City- and State-mandated standards relative to the identification, removal, and disposal of potentially hazardous building materials. This effort will result from future project-specific CEQA review. Response to Comment C2: The document reviewed by the DTSC is a "Program EIR," which evaluates the broad-scale impacts of the proposed reinstatement of eminent domain and other actions described which, in total, cOnstitute the "projecf' under consideration. A Program EIR, addressing the impacts of policy decisions, such as those presently under consideration, can be thought of as a "first tier" documen~ evaluating the broad-scale impacts on the environment expected to result from the adoption or implementation of such decisions. Tiering refers to the concept of a multi-level approach R.-\CBD231\FEIR\Sectioa 3.doc (6I1S12OO4) 3-11 c L'. ASIOCIATES. life. JUJf. UU 1t...AL..... 'UPTO,",ICI.MTaAL CITY KORTH .....DBV.LO'.....T P..OJECT ....A s._ a..po.u. TO COI"'l!NT' to preparing environmental docuinents (CEQA Guidelines, Section 15152). A Program EIR does not typically address site-specific impacts that subsequent development projects permitted by the approved policy decisions may have. CEQA requires every subsequent development project within the scope of a Program EIR to be evaluated at a Iater stage for its particular site-specific impacts. These impacts are typically encompassed in "secood-tier dOCllJllellls," such as Supplemental or Subsequent BIRs, an Addendum to the Program EIR, or a (Mitigated) Negative Declaration, which typically evaluate the impacts of a single activity undertaken to implement some specific portion of the overall plan. The Department of Toxic Substances Control (DTSC), together with other Federal, State, and local agencies, administer a comprehensive set of laws and regulations that has been developed to protect public health and the envirooment from accidental spills and releases. Compliance with these programs, as in effect at the time, will ensure that there will be no significant adverse impact in the event of a spill or release associated with project operations. The proposed project includes the reinstatement of eminent domain within the Redevelopment Project Areas, and a General Plan A """,d_ut. These actions are not physical projects that would result in potential impacts associated with hazardous materials. Any . future project initiated within the RP As subsequent to the reinstatement of eminent domain would be subject to review by the City and the DTSC. c Response to Comment C3: Hazardous or toxic materials transported in association with redevelopment projects (including the future proposed retail projeCt) may include items such as oils and fuels. All materials required during development and operation of businesses would be used and transported in compliance with all State and local regulations. likewise, substances that would likely be used and stored by tYPical urban businesses would be in controlled environments in accordance with existing requirements of the County Department of Health or Fire Department, DTSC. South Coast Air Quality Management District or other permitting agencies. Reinstatement of eminent domain and the redevelopment of any properties in either project area would not alter the requirement of compliance with all applicable regulations. Section 2.4.1 (pages 2-7 and 2-8) of the Draft BIR recognizes the potential for hazardous materials within the site of the . proposed . Mercado Santa Fe retail developmenl Because of this potential hazardous material impact, a Phase I Site Assessment will be required prior to the demolition of any stroctures suspected to contain hazardous materials. The remediation, removal, and/or disposal of any hazardous materials identified during the course of the Phase I Site Assessment will conforn'l to applicable Federal, State, and local requirements; thereby, reducing potential impacts related totltis issue to a less than significant level. The site-specific risks associated with other future developinent within the Redevelopment. Project Areas cannot be sufficiently identified at a program level. BecaiJse no specific development will result from project .actions. without additional CEQA review incorporaiing appropriate studies of impacted structures, impacts related to the storage, transport, or disposal of hazardous wastes or the release of hazardous substances are considered less than significant at a programatic level. c Response to Comment C4: It is the opinion of the City that the response stated above adequately address DTSC's coDIIIICnts. The comments from DTSC, as well as the comments of others, will be considered in developing the FJ.UaI EIR that will be used in the decision whether to approve this projecl CEQA requires the Lead Agency (in this case the City) to exercise independent judgment in determining the enviroomental impacts of a proposed project and in deciding whether to approve a projecl R:'CBD231 \FEIR\Sectioa 3.doc (6/iSl2OO4) 3-12 c o c ~UN-.7-84 14_13 paO".Cl~y of SBdno Plng/Bldg ID.ses3El4Seee PAGE 1/1 GCVf?!~"'I"'"'er,fS ~,~l'r; ~... ---. IF' _ , - San Bernardino Associated Goverllments ~ D2 N. ,,"-J.,d ~ San e.._<E._. CA 92401-1421 rr{l. .. .. "-' 1'9091 88A-8276 """ 1'9091 88WA07 Wobowww._""8-\IO" >,:,: ~ - ~~ .,.t- ~ -...;E 1 . $On...._..A_CwnIy...........1 Id.Co....l "tr. _ $Qn"'~ .I.....co.nvr.w~. - .Jahodty . SCInIelll_di.oeo.a;,e~. J "~r..v-:I';'l ,~1qiI/N:N . ~~far:~Em-v-..... oo~@~n\Yl~fID MAY27m May 26, 2004 Ms. Valerie ~ Deputy DireciodCity Planner City ofSao IlemaIdino . 300 NorIh "D" Street San BenwdiDo, CA 92413 Re: . Upll:lwn and Ccn1raI City NorIh Redevelopment ProjOCl Area Draft Em - Traffic lmpect ADaIysis SANBAG File No. 0400006 ctlYC#_~ ~- -- Dear Ms. RQ$$: ThalIk yoU for tho oppotIllIlity 10 review and 00IDI1leDt 011 the above reiWonced uaIJie impact report datod April 6, 2004 """ rovisioas dlIIDd May 2S, .2004. Our MaIysis indicates that with the replacement of ~ Tables H, J, L, N,R; and T, the study _ the''''I~h...~dle 2003 CMP. In accooI8nce with your city's moluliOll ~ the Land U~ ~ Program. lito traffic study is to be made available 10 the PlomJing CommissiQn fIIld/oc tho City Council and Caltrans for iofomwioo regardill8 project impacts 10 die CMP sysIIcm of arterialstroets. Should yoU have""Y questions oc COIlImenlS, pJcasc ~t me or ~ ZlIleick at (909) 884-$216. Sincctdy, ~~ PriDcipaJ TtlIIISpOlUIion Analyst CIIoo 'fidffli5~ ,,1IIg -~ a.m. Clltlo..... 00lI0n, ~ ~_ HelI*a. HlgNand.I.OOlQ Iim.Iobo ':1... _ _CUoaoIlOo__~_""__lO,,,,",~-'l!Ilt<nl__'/Ucdpa _oI:_~"l\JoOO~ County 01_ _OIC1l1O ... }01 }02 c l.u. ......OOU.'I'II. -.Me. JU.. Sf.. PINAL s.a. UPTOYIIIC..n.u. eln .01.'I'B ...D.vaLO.....T '''OJ.OT ....... I.. .....0..1. TO 00......'1'. REsPONSE TO LEITER D San Bernardino Associated Governments Respoase to Comment Dl: The DEIR contains the Traffic Impact Analysis (TIA) (April 6, 2004) prepared by LSA Associates, Inc. While included as an appendix to the DEIR, the TIA was submitted to the San Bernardino Associated Governments (SANBAG) and received a separate review; Based . on SANBAG review of the TIA, revisions to the document were made. Upon revision of the TIA (May 25, 2004), SANBAG bas determined the TIA meets the requirements of the 2003 Congestion Management Program (CMP.) The TIA and other tecbnicaI studies/supporting data are included in Appendices A-F to the DEIR. These appendices were provided in their entirety in a PDF format. Revisions to the Draft EIR resulting from revisions to the TIA are identified in Section 4 of the FEIR. Response to Comment D2: As the TIAwas included as an Appendix to theDEIR, the TIA bas been made available to the City, and Caltrans for review. o c R:\CBD23I\FEIR\Sectioa 3.doc (61lS12OO4) 3-14 c 4.0 REVISIONS TO THE DRAFf EIR The following section contains a set of addendum pages to the Draft ElR dated April 6, 2004. The revisions identified in this section are the result of staff and public review, and are meant to provide clarification of the issues and to correct editorial and typographical errors that were discovered after circulation of the Draft EIR. The revisions cited in this section were found by the City of San Bernardino not to be substantial; therefore, the recirculation of the Draft EIR is not warranted. In the following pages, headings describing the location of changes in the Draft EIR are underlined (i.e., Section 4.1, page 4-1, paragraph I). Below this entry, are the revisions made to the Draft EIR. Additions of text are noted by the double underlining of new text.. whereas deletions are shown as strikeout text (alii tent). Table 4.6C, page 4.6-10 Table 4.6C - Year 2008 Without Project Intersection Levels of Service o Intersection Control P.M. Peak Hour VIC Delav WS \. Peooer A venue/Rialto Avenue Sismal 0.497 16.2 B Rancho Avenue/Ria\to Avenue SismaI 0.291 .\SA . B Mount Vernon AvenueIBaseline Street Signal ~ ~ C ~. ~ Mount Vernon A veilue/Fifth Street Sismal 0.592 23,6 C . Mount Vernon Avenue/Second Street Sismal 0.704 35.9 D Mount Vernon Avenue/Ria\to Avenue Sil!llal 00407 16.3 B Mount Vernon A venne/MiII Street SiJ(na\ 0.603 323 C 8. Viaduct Boulevard/Second Street TWSC 13.9 B Giavanola A venue/Second Street .TWSC 9.4 A 10. "L" StreetfIbird Street bitersection created by nroiect II. "L" Street/Second Street TWSC lOA B 12. "K" Street/Ibird Street TWSC 10.6 B 13. "K" Street/Second Street AWSC 0.276 9.2 A 14. or. Street/Ibird Street TWSC, 10.1 .B 15. "r Street/Second Street TWSC 11.4 B 16. 1-215 Southbound Off-RampIIbird Street Signal .'~'.. 2h8 C ~ .22;4 17. 1-215 Southbound On-RamnlSecond Street . SiJ(na\ 0.497 21.7 C 18. 1-215 Northbound On~Street Sil!llal 0.491 2\.8 C 19. 1-215 Northbound Off econd Street Sil!DaI 0.613 2\.9 C o. "E" StreetlBaseline street SismaI 0.538 14.2 B \. "E" Street/Fifth Street Sismal 0.528 17.8 B 22. "E" StreetlSecond Street SiJrnaI 0.668 33.5 C 23. "E" StreetlRia1to Avenue Sismal 00471 22.7 C we - VoIume/aqJocily'- Delay.= Average control delay in seconds. At UllSignalized intersections, worst-case approach is reported. Ws = Level of Service lWSC" Two-Way Stop Control A WSC ~ A11-Way stop Cootrol c R:\C8D23IIFEIR_ 4.doc(611SI2004) 4-1 o c c U. A"OOU.Tal. .IIC. n.. .... P..AI. &.a V.TOWlIlCJ:lITRAL cln ..oaTH ....VltLO.....T '.OJ.CT AR.. ,., ...VUIO.. TO TR. DUPT all. . Table 4.6E, page 4.6-13 Table 4.6.E - Year 2025 Witbout Project Intersection Levels of Service P.M. Peak Hour Intersection Control V/C Delav WS 1. Peooer A venue/RiaIto Avenue SismaI 0.678 19.2 B Rancho A venuelRiaJto Avenue SismaI 0.520 17.5 B - Mount VerRon A venue/Baseline Street Signal .Q,6# ;!Y C o.6M 24.Ii Mount Vernon A venue/Fifth Street SismaI 0.663 24.3 C 5. Mount Vernon A venuelSecond Street SismaI 0.761 39.5 D Mount Vernon AveauelRialto Avenue SiJllllll 0.586 18.2 B Mowt Vernon AvenuelMil1 Street SismaI 0.790 39.3 D 8. Viaduct Boulevard/Second Street TWSC .45.0 E* Giavanola A venuelSecond Street TWSC 9.4 A . 10. "L" Street/Third Street Intersection created bv proiect ll. "L" Street/Second Street TWSC 10.4 B 12. "K" Street/Tbird Street TWSC 16.0 C 13. "K" StreetlSecond Street AWSC 0.369 9.9 A 14. "1" Street/Third Street TWSC 12.5 B 15. "1" Street/Second Street TWSC 15.9 C 16. 1-215 Southbound Off-Ramp.'fhird Street Signal ~ ~ C fJ.1j1 22.2 17. 1-215 Southbound On-RamoISecond Street SiJllllll 0.997 44.3 D 18. 1-215 Northbound On-Ram Street SiJllllll 0.591 24.7 C 19. 1-215 Northbound OffRamolSecond Street Siena! 0.870 29.0 C "E" StreetlBaseline Street Si2naJ 0.613 16.2 B 21. "E" StreetIFifth Street Siena! 0.726 21.5 C 2. "E" Street/Second Street SimaJ 0.869 44.1 D 23. "E" StreetIRialto Avenue Signa1 0.778 26.0 C / *Ex&::eeds IevcI. of service standard Vie = VoIumelcapocity rotio Delay = A_ conlrol delay in seconds. At llIISignaIized in1a=tions, worst-case approach is rq>o<1OO. WS "" Level ofScrvicc lWSC - Two-Way Stop Conlrol AWSC = All-Way StopCon1rol R:ICBD23I\FEIR\Scctioo 4.00c (61)5/2001) 4-2 o o c L.... AlIOCU.T&'. IRO. JO.. a... ~l.4J;...n. U'PTO'nMU..T~ O1TT woaTH ...D1:nLOPU..T .I-OJ.aT ......... '.1 ..aYl.low. TO Till: D......T .... Table 4.68, page 4.6-21 Table 4.6.H - Year 2008 With Project Intersection Levels of Service Intersection Control P.M. P~ Hour V/C Delay WS I. Penner A venueJRiaIto Avenue . SilmaI 0.511 16.6 . B 2. Rancho A venueJRiaIto Avenue Siimal 0.309 15.4 B 3. Mount Vernon Avenue/Baseline Street . Signal .Q.S9l iB,O C ll.601 llJi 4. Mount Vemoo A venue/Fiflh Street Siimal 0.608 23.7 C 5. Mount VemOnAvenue/Secood Street Si2D81 0.808 44.2 0 6. Mount Vernon AvenueJRiaIto Avenue .Siimal 0.426 16.6 B 7. Mount Vernon Avenue/MiU Street Siimal 0.616 33.0 C 8. Viaduct.BouIevardISecood Street Ceases to &cist 9. Station Wav/Giavanola A venue/Second Street TWSC .14.9 B 10. "L" StreetJThird Street TWSC 125 B 11. "L" Street/Second Street . TWSC 68.4 p* - with mitil!ation - . Siunnl 0.295 lI.0 B 12. "K" StreetJThird Street TWSC 21.4 C 13. "K" StreetISecood Street AWSC 0.391 105 B 14. "J" StreetIThird Street TWSC 13.1 B IS. "J" StreetISecond Street TWSC >300 p* - with mitil!ation - Si<mal 0.521 23.1 C 16. 1-215 Southbound Off-Rmnp/fhird Street Signal 9M3 ;!iW C !l..lli 23.Il 17. 1-215 Southbound On-RmnolSecond Street Si...al 0.620 20:7 C 18. 1-215 Northbound On-Ranmffhird Street Si....al 0.669 28.0 C 19. 1-215 Northbound OffRmnolSecond Street Si2D81 0.630 223 C 20. "E" StreetlBaseline Street Siimal 0550 14.4 B 21. "E" StreetlFiflh Street Siimal 0.540 17.9 B 22. "E" StreetISecond Street Silmal 0.680 339 C 23. "E" Street/Rialto Avenue simaI 0.490 22.8 I. C . Em::ccds level of serYlCCl SbUidard VIe - Vol""",,c:opacity nIlio Delay = A_.-o1 delay in _. At unsigoalizod inlcrsecti.... ......-<&so approach is RpO<tOd. LOS = Lcvcl orScivi<:c .1WSC=Two-W~SlJJpCo_1 AWSC = All-Way StDp CoIiIroI R:1CBD231\FElR\Scctioo 4.doc (61lSflOO4) 4-3 .t o. c c L.. .IIOOIATII. Ufa. lU'" a... .llfAL a.a. uPTo....roa..n.u. alTY .oaTH ....anLoP"..T PROJIOT Aaa... .ot ....UIO.. TO TR. ...AFT .1.. Table 4.61, page 4.6-25 Table 4.6.J - Year 2025Witll Project Intersection Levels of Service Intersection Control P oM. Peak IIonr V/C Delav ws I. Peooer Avenue/Rialto Avenue Si211111 0.690 19.5 B 2- Rancho A venue/RJalto Av...ue Si211111 0.537 17.7 B 3. Mount Vemon A venuelBaseline Street Signal Cl.649 ~ C lI./i63. 2U 4. Mount Vemon A venuelFifth Street Si211111 0.679 24.6 C S. Mount V <mOD A venuelSecond Street Si211111 0.854 49.4 0 6. Mount V <mOD A venuelRialto AvCDl1c Si211111 0.603 18.4 B 7. Mount Vemon A veoue/Mill Street Si211111 0.802 40.6 0 8. Viaduct BoulevardlSecond Street Ceases 10 &ls1 9. Station Wav/Gia"""ola AvenuelSecond Street TWSC >300 P' - with milillolion - SilfflQ/ 0.858 37.7 D 10. "L" StreetIfhird Street TWSC 14.5 B II. "L" StreetISecond Street TWSC 1\6.7 po - with milillalion - SilfflQ/ 0.308 10.1 B 12. "K" Street!l'bird Street TWSC 44.9 E' - with milil!ation - - TWSC 27.0 D 13. "K" Street/Second Street AWSC 0.488 11.6 B 14. "J" Streetl\'hird Street TWSC 16.5 C IS. "J" StreetISecond Street TWSC >300 P' - with milillat/on . S/lfflQ/ 0.520 24.0 C 16. 1-215 Southbound Off-RamplThird Street Signal Q,949 m 0 0.262 ~ 17. 1-215 Southbound On-Ramp/Second Street SW1al 1.039 49.6 P' - wilh milil!ation - SiJ!nQl 0.840 32.1 C 18. 1-215 Northbound On- . d Street SW1al 0.786 29.9 C 19. 1-215 Northbound Off RanmlSecond Street Si211111 0.887 29.6 C 20. "E" StreetlBaseIine Street Si211111 . 0.624 16.4 B 21. "E" StreetlFifth Street Si211111 0.738 21.6 C 22. "E" Street/Second Street Sitmal 0.899 46.5 0 23. "E" Street/Rialto Avenue Silmal 0.796 26.5 C . Exceeds level of SCIVlCe standard Vie = VoIumclcapocity raIio DcIay = A vcmgc control dcIay in seconds. At unsigna1i=1 """"""'"'lIS. worst..,.,. approach is reported. WS = Level of Service 1WSC = Two-Way SlDp Control A WSC - All-Way SlI>P Coolrol R:\CBD2311FE1R1Sedioa '.doc (61lSflOO<). 4-4 J:1.,u.:.U. U'T01nl/CalrT1A.L CITY .OaTH UDaVXLO,Va.T ,aOJaaT Uti ... .......1.10... T.O TRa bRUT aIR c L.A ...oaIAn.. 'RC. .JO." .... " Section 7.0, page 7-1 Delete the references to the following reports: RlJporll8 the !,fayeI' atJtfi CSIIt./'ff8l'1 Co_ii, 2(}(}J ERfittent Demain AllteNiment, Central City Harth Retie'leloplltent .0.1'6)081, Resenaw, Sllevaeek GFaup, lue., Mareft 2003. .'?eporl 16 t!te AlIl}'6I' aNi Ca",lff6l'1 Calt/WH, 2{J(}3 Eminent Damai1'l A_1tdment Uptown Redevelopllte1'lt PYajeet, R~seRe'll, Slle,,'aeek GreBil, lue., Jul)'2QQ3. AppendiI F, Traffie Impact Analysis Revisions to Tables H, J, L, N, R, and T as reflected by the changes made to Tables 4.6C, 4.6E, 4.6H and 4.6J in the DEIR. The Level of Service worksheets from which the revisiol)S to Tables H, J, L, N, Rand T were derived were revised. o c . R:ICIlD23I\fE1I!.\S<dioo '.do< (6115/2004) 4-5 o o c 5.0 MITIGATION MONITORING PLAN This mitigalionmonitoring plan has beeJl prepared for use in implementing certain of the conditions of approval for: Uptown/Central City North Redevelopment Project Area The program bas been prepared in compliance with State law and the Enviromnental Impact Report ("ElR'') (SCH No. 2003031072) prepared for the project by the City San Bernardino. The California Environmental Quality Act requires adoption of a reporting or monitoring program for those measures . placed on a project to mitigate or avoid adver.;e effects on the environment. (Public Resource Code Section 21081.6) The law states that the reporting or monitoring program shall be designed to ensure compliance during project implementation. The monitoring program contains the following elements: 1) The mitigation measures are recorded with the action and procedure necessary to ensure compliance. In some instances, one action may be used to verify implementation of several mitigation mea$ures. 2) A procedure for compIiance and verification bas been outlined for each action necess8I)'. This procedure designates who will take action, what action will be taken and wheD, and to whom and when compliance will be reported. 3) The program bas been designed to be flexible. As monitoring progresses, changes to compliance procedures may be necessary based upon recommendations by those responsible for the program. As changes are made, new monitoring compliance procedures and records will be developed and incorporated into the program. 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" l5. 01ii .!:~ J!l ~ 0.0 .. - o.!! 8 <1 =a ~ a..ii: ~ " a ." o i ~ '" y ~ o lD 00 a.lL , o .1:: . . . ~. oorg~[gUW~lID MAY 07 200ft -- \ CITY OF SAN IlSlHAADINO llE\IB.ONENT ..aI\o1..& IIS'NmlIENT -~ Gos~ -",..--- _CA~ . WIIIoo_ PO"_ _CA ..uI_ A ~Sempra Energy" utility April 29. 2004 City of Sa Ber1IardiDo J)e'I.-.,._t Senlr:esDepartDleDt 300 N. "D" SfJ'eeC Sa BerunIbut. CA !n418 AttaatfoII: VaJerie C. R8ss R8: Up1D1nI alld Cemral Qty ~ortl& RedeveJopmat Pro~ Area PIaDs - my or Sa Berur'lIfDo. - o 1'baIlIt yoll fOI' tbe opportuni1Y to IapoDd to dill abcJvo.RfeniDccd project. Please note that SouIbem Calijhmi2 Gas C"""V'~ bas fadlitics in 1be ~ whall tbe 8bove named pro,joct is prllllOSCd Gas sc:.nice to Ibr:projoct COI1ld be proviiJed wjtboIIt my cigIlifit=lt impact ootbe CD'lrAuIlIDdIt. 'Ibe &enice woa1d be in eecordmcewith 1be Com:plalYB polini"$ 8Dd Cllda1Sica J1l1cs ClIl file wilb tbe Califomia Public Utilities C--m<<b1 at~ u- caIJIrID\WlI ~ are made. Ai You sbouId be a_ that this leU<< is not to be ~ as a coatractua1 ~ to serve tbe I"oposod projecl, but anJy as an iDformali<mal ~ 1ba availability or aaturaI gas SIll'Vice. as . fcl1h in this leU<<. is based upon ~:. lot ixJodiriOO$ of gas supeJy 8Dd n:guJatccy policies. A$ a pllblic utilitY, 'Ibe SoatherD o.liMmi2 Gas <:,~Y is uncIer 1be jurisclictiClll of tbe CaHrQr'ri2 Public UtiIitics ~.dllll We can ako. be .dfCC:;tIOd by acUOO$ of fedcnl . mgulatclly -.-es- Should IIIesc 19G1Clies tIblmy aCtiaa, Wbich aft'cct5 gas &Upply, ar tbe c:oaditiOllB UDder which service is avaiIablc, gas savicc wiD be ~ in acc:crdarxx: with Jl:Viscd 1lClIIdili-" Typical4.........d lISll for: L Re&idential (Syslan Art;a.AVlDgcMc Ptc Uctcr) Xgix SUJ:lc Family . . 799. ~dwc1IiD& IlDit Multi-FlmiIy 4 oc less IlllilS 4&2 ~-o-..a. dn1ling uait Multi-Fami!y S ormore1lllils 483 ~ dwdJiDgtmit A2 These avenges are based CIIl total gas COIIP11I1pliClI1 in. r;akoli>>l lIIIits served by SonIbI'rn OaHMmia Gas COIIlI""lY, 8Dd it sbou1d DOl be ir1pIiM 1hat any parti<:u1ar hon1c, "P"'huCIrt OC' tract ofhon.Jes will use 1besc aIDOUI1fS of energy. c ... c April 29. 2004 Pa&e 2 b. Coa.aI=ia) Due to the fact thtt COIIS1r1Idim varies 10 widely (a JIass ~ 'VB. a hcaviIy J i111Ub1M bm1dlng) lIIId tIlac is SIIdl a wiele -mim ill ~ ofm*riIJIlIIII. a A2, typK:aI "'-md fi&un: is DOt awiIIbIe far IIIis type of CClIIStrucliaa. CalGulliiClllS would need to be IIJI4c atla-lbe buiJdiDg bas bec:D ~p-I We lIa;eIlcmaDcJ Sidll V~~ pI'08I'lIIIIS llVIilabl.e to c..-....~ Cl><ll(). ..., to }A3 ' ptOYide ....;- ill 1IO~ the uiast cffec:live' lIR'li~ of cmeqy of oar lIIa&Y __..di0ll programs. please ~ ourc...~,,~ SUpponCcatllrat l-8OO-GAS- 2000. c S'mcerely, -?~/- a ~ t::. '~Rawtim; TedmicaI Sc:mccs Supervisee c c SOUlllERN CAUFORNIA ASSOCIATION of GOVERNMENTS Makl 0Illce 818 West _nth Street 12th Roar Los AnpIes, CaUfomla _7-3435 I (2lJl2]6-l8oo fl2tJl_5 -~ -- ~-: .lwfiInJ. 01--'- - ... ...... .. SaMI ... frIIiMM: . ~"'''''''.=:r i::: ....... . -----""". ~-- .. __ CNIIlt.... ........ .... ..Alldesc...,.IIt'".........,..-..s CIuMy....".......SMIiIWeI.,..." -.--....-...-. ........ GIlt. ....... .. 11M' ...... -.---..... --.""-...-. ..... "-C. ... __ .. ffant ....... -.--...-.-- ................ c......-.... -...-.--... .....-.. ... ...... -.. ..... .. MIl -........---. CItlltt........ ................. ...... .. "ere-. SIllIIIIIlIMa.... -..-.--..- ')III................................. ..-..-.....-...-. ............ ....--.,........... --.=--.- --- .-- ......GIIIIiI..........'*'-.Ja:l ......,..............4iIlwIfIIe. .........~ ------. ..... ............. ... .... .... .. M.........~.lIlIiIIICtIo- . ," . .......-'-'-.......... lid.. ~ ........ ~............ We ..... .......ca....... ............ .. ............. ___l __ c...,..___................ ...... ..... VIler .. ... IMdlIp:. ..... .. "" .... c.ctIc*al Ow .. .. -- si. ...... GlIIlIF ,.., IiIIt. S. ...... c..." .. . .......... .... -.---.."", -....'-..........__'-11. ........s.......SII....... _...CIMIdt.............. (),,~...t::..~'=-'"'t; ..........II'Olt-..- c....,~ -.... ---- ..... ...., - . 1 c...w.:: --- ---c..Ir- - c--...1iI ...SW.... . e................ ~ ... :.'0':' ~=-: 7' 0.._ "~'. r'~: r:--: . . ..,.. \" r.lll(\. '33 ~:.p,- -.,! '"I ....~ May 12, 2004 CO s'....!. ~~.. . ':~r.:'2'~O Mr. Mike Trout, Project Manager EconomIc Development ~ 300 Nof1h "0" Street San Bemardino, CA 92418 RE: SCAG ClearInghouse No. I 20040220 Uptown and Central CIty ~.~ProjectAiea Plans Dear Mr. Trout: Thank you. for submitting the uptown and Central City North Redevelopment Project Area Plans review and comment. As areawide clearinghouse for regionally significant projects, SCAG. reviews the consistency of local plans, projects and programs. with reglOnaI plans. This activity is based on SCAG's responsibilities as a regIonaJ planning orglinization pursuant to state and federal laws and regulations. Guidance provided by these . reviews is intended to assist local agencies and project sponsors to take actions that coritribute to the attainment of regional goals andpolic/es~ . We have reviewed the Uptown and Central CIty North Redev4!lopment ProJect Area Plans, and have deleanIned that the proposed. Project is not regionally slgnificant per SCAG Intergovernmental ReIIIew .(IGR). Criteria . and CaIifomla Environmental Quality Ad (CEOA) GuIdelines (Secllon 15206). 81 Therefore, the proposed Project does not warrant comments at this time. Should there be a change In the scope of the proposed Project, we would appreciate the oppoc1uOity to review and.comment at that time. A description of the proposed Project was published in SCAG's April 1-15, 2004 IIJlergovemmenta Review Clearinghouse Report for public review and ~~ The project tilIe and SCAG Clearinghouse number should be used in all correspondence with SCAG oonceming this Project. Correspondenoe shouid be sent to the attention of the Clearinghouse Coordinator. If you have any ql!8S1ions, please contact me at (213) 236-1867. Thank you. Sincerely, oz?~~.4<-- JEFFREY M. SMITH. A1CP . Senior RegionaJ Planner IntergoiIermlent Review o o ~~ --- ~ ... TIIIJ'..........;. 9xr--, ClllEPA Department Of, Toxic Substances Control , &lwPF Lowry, Dlnldor , 1001'" SlrHt, 2s*FIocr P.O:Bax806 Sa<;rar\!e!1to. Cll!L'llia 95812-0806 . AmI*I~~ QOl:lll~ TO: oo~~~~:~@ RaniaZabaneh.. ' QJYOFSAN-'-- . ~-..... Site t.IUgatIcn Program. ~4 ~ .bu '. DEPAlfIUarrf1ElMta GuentherW. Mos/cat, 0lIef II- . - Planning & ErNIronriI8I'n: Analysis Sedion MEOMORANDI,IM FROM: DAlE: SUBJECT: AprD 13. 2004 CECA ENVIRONMENTAl DOCUMENT RfMEW FOR: UPTOWN/CENTRAL CITY NORTH Rl'!DEV!LOPMeNTPROJECJ". SCHI2003031072 o The OI'Iic:eofErMl<Aph".11aJ AnaIysls. ReguIat!ons 8. Aucfds (OEARA) I8CllhIedthe atIad1ed cIcxBnent from an outside agerlCy' tOr~, riNIew as a pOtenfia/ Re:IpcItsIbIe or InleIestBd AgencyllUSU8lfltfhe Ca8fomIa'Etivll'arirner.tal'Quality kt (CEQA). A preIInjnary review of this document by our office shows that lhe proJect may tal wifhin the regllaklly aulhorif;y of OTSC beca'J$e It JnvoIves one of the foIIl!lWing'Jand uses that could potenlIa/Iy 8)CpOSe indMduaIs to hazards orhazaldou& rnatbfab: ' B 181 ~ EXIS'I1NG C!R PROPOSED SCHOOL SfTE . seNSfTI\IE LAND USES,(e.g.. daycare fadII\y. nlning Ilclme, hospllaI) ~ LAND ~ (e.g., CQIl1IIl8IdaI or IndustI1aI facIilles) This document Is being forwarded to ~ office b"fUrther 11 i e s !'1lent Please provide the Lead ~ lhaUs lde.dllied on lho. .dtoo.J...d NoIIce of Completion FormWilh any ..vhlf..".. you may have onthls cIoamerit befclnJthe dose of the o.tllllo.1aIlt perfocf (5I24IZCI04). Afteryw- revIeW. pia HI (Xlr.,.... the InfGnhdfL"'requesfedjn the bOx below and return this fi:ml'to CltI' oftlce at the following address: CEQA Tr.ac:IOOg Center Office of EnWonmenIaJ AnllIysis, Regu/allons & Audll:s 10011 Shet. 22nd Flood p.o. Box. 806 Sacrarnelllo, CA~12 , ' ~WERE. SENTTOl1:IELEAD AGENCY and a copy1awarded 10 OEARA via: ~N1 alIachment fa this cfcJlunilnt o Fax@(916.l323-3215 COMUENTSWEREtfQI SEHTTO 1lfELEAD AGENCY I-"ll'"'<< o 1be prlljed did not filii wilhin the jwlsd/clIan of DTSt: C The doc:umenl""""""'Y iT ! is! d Impacls flllm the proposed pllject as It.... 10 DTSC"8_of~ o '. PiInIlld... AecJded "-' 5/5 smtol 8985108E686'Ol SPIB/SUloI OUPBS 10 ~~13'MO~d E5'EI .e-.Z-AVM c c o e 'I." -:?&>. - -::- . II!mDI Depcutment of 10xicSubstances Control ~ f. \..llwly, DIredcr ~CoipOI.A_ ~ ClI/ifomIa 90630 TenyTlo.......... AaoncatSIJ ., CaIIIEPA AnxM~,", ~ May 21,2004 oo~~~~:~@ Ms. Valerie Ross Deputy DlJ9dorICily Planner Rede'J8lopment SEIfYiges Department CIty of San Bernardino 300 Norlh "D" Street San Bemardlno,Caflfomla 9241'8-0001 NOTICE OF COMPLETION OF A DRAFT ENVIRONMENTAL IMPACT REPORT FOR THE UPTOWNICENTRAL CrrYNoRTH REDEVELOPMENT PROJECT AREA PLAN AMENDMENTS (SCH # 2003031072) CIiY OF $AN llS\.'IARllL'oIO ~"3.\,T saMCllS DS>AltTWiH'l' Dear Ms. Ross: The Deparlrnent of Toxic Sub:'rtances: ConfroI (DTSC) has received your Notice of Completion (NOC) of a draft Emiironmei1tallmpact Report (EIR) for the above- . mentioned Project. Based on the revfewof the dOCUment, DTSC's comments areas follows: DTSC's comments dated April 8. 2003, regarding the NotIce of PreparatIon }C1 (NOP) for 8 draft EIR have not been properfy addressed In the cummtIy submitted draft E1R. The lnilial.S1udy wIlb the NOP states that some ~'V $ites 1nJ:be.project areas may contain ~\ IStes. It also sIates.that if a parcells suspected of oontain/ng unCf8tground Storage tanks and/or ofhermaterials Icnown to oontaIn hazan:Ious materials. a Phase I Site Assessment would be prepared by C2 a Registered EnvironmeritaIAS~ essar and requfrement& for concluding Environmental Site Assessments on propeJ1ies to be redeveloped will be discussed In the EIR. ~. the draft E1R shoWs no adcfllional cflSCUssions. 3. The draft EIR needs fo.identIfy any known or potentfaIfycontamfnated sites within the proposed Project area. For all Identified sites. the draft EIR should evaluate whether condiIions at the site pose a threaUo human health or the' environment A Phase 1.455- S 5rnent may be sufficient to Identify these sites. FollowIng are the databases of some of the regu/atDry agencies: 1. 2. C3 In: a~Vd ft _..._ p~ . . lIISlIIS IoSESlIIS"(Jl. ;. . Bp IS/Buld DUPas .ID ,("l':)' 110." .:c.,.,. .._.x_ &'-'U o o c ... Ms. Valerie Ross May 21,2004 Page2of3 · National Priarili~ List .(NPL): A list is maintained by the United States EnvIronmental ProtedIon Agency (U.S.EPA). · CalSites; A Database primarily used by the Carlfornla Department of Toxic Substances Conbof. · Resource ConservatIon and Recov&IY Information System (RCRlS): A database ofRCRA facIIllIes thatis mainlalnedby U.S. EPA . Complehensive -Environmental Response Compen$c1tion and Uablllty Infonnatlon System (CERCUS): A Wlfabase of CERCLA sites that Is maintained byU.S.EPA C3 · SolId Waste Information System (SWlS): A da1abaSEt provided by the _ California J~ Waste Management Board which consists ofbolh open as well as closed and Inactive $Orld waste dlsposal facilitieS- and transfer stations. · Leaking Underground Storage Tanks (LUSl) I SpD/s, Leaks, Investigations and Cleanups (SUC): A list that is maintained by Regional Water Quality Control Board (RWQC8). . tocaJ County andCily malntain lists for hazardous subslances cleanup sites and leaking und8lground storage tanks. PrioTto approving the draft E1R, please addI8Ss aD 0( DTSC's comments. As the lead } agency,lt Is ~ responsibilityfo ensure that all 0( DTSC's ~ ~pmperty C4 addressed. DTSC provides guJdanc;e for preparation of a PrelimInary Endangerment has s sment (PEA), and cleanup ~ht fI1rotISh, the Voluntary Cleanup Program (Vcp).For additional infonnatlon on the VCP. please visit DTSC's web site at www.dtsc.ca.aov. S/f: all"''' eaeSIoaC&eS'OI SPIS/SUI.. oupss ~o ~~Ja'NOB4 ~S'CI ..-.Z-AWM ... o Ms. Valerie Ross May 21, 2004 PSge3of3 .If)'OO have allY questions regan:Iing this letter, please contact Mr. Johnson P. Abraham. Project Manager, at (714) 484-0476. I Greg Holmes Unit ChIef Southern CaJJfomia Cleanup ~ns 8Ianch Cypress Office.. . .. cc: Govemo(s Office of Planning and Research State Clearinghouse P.O. Box 3044 Saawnento. CaIifomla 95812-3044 Mr. GuentherW. Moskat. Chief Planning and Env/mnmental Analysis SecUon CEQA TracIdng Center DeparIment of Toxic SubstanceS ControJ P.O. Box.806 Sacramento, earlfomia958.12~6 o c S/I> !elVd 888!1I>8ESlIlil' ~ 1. &PIs/SUrd aupss sa ~~'~'MOa4 ~!I'El 1>8-1>~-AVN o o c ~UN-.?-.4 14_13 PRO".Cl~y or SBdno Pln9/B1dg ID.S89394seee PACE 1/1 ~ ~.:Gvet~""'"'"1eF""ts ~T'Tl r; -'" .._.......,__ IL ~_. San Bernardino Associated Govern.eats ~ D2 H. ""'-"-I. A_ San ....""diao, CA 92401-1421 rrff .. .. I'hono: 1909I ......276 "- 1909I ~7 W""'www.....h~~... . -' ~ - ",H l~:- M:: _ ,[ l . sana.t .......eow.y.... 1_L..c......~.. Sonlern ",.~co.nvnallpQ.. ,Iahadly . ScII...._41_CQolIyCCO............. .~, ._11q<<ot . ___"".-..-e..__...... May 26, 2004 OO[g@mo\VJ[g@ MAY 27200\ Ms. Valerie Ross Deputy DireciorfCity plaftner City of Sea Bemordino 300 North "D" Sbe<< Son BenwdiDo, CA 92418 Re: . Uplown and Central City Ncrlh ~eIopment Projecl Area Draft EIR - Traffic Impact Aoa1ysis SANBAG File No. 0400006 aTY.Of"'" --..a -- - Dear Ms. Ross: ThanIc you for the oppottwrity to review and CO'II..lebt 011 the above IeD:renced tratJie impact n:pon dated April 6, ZOO4 and _moos dated May 2S, 2004. Our..-lysls iM~ that with the replacement of ~ Tablos R,I, L, N,R; andT, the scudymeols thereq.Jinoma\ls.ofthe 2003 CMP. In lItCOI'Ilance with your city's molaliOll adopling the Lind U~ ADaIysis Program. the lr3ffic SIlldy is to be made available to the Plahing Commissi(ln .wIat tIto ~ Council and CaItrans for iaformarioo rcgatdiog project impads TO the eMP syslml of arterial-. Should you have IllY questions or COllIllleIlts, please contact Il1e or Andrea ZureicIc at (909) 884-3276. Sinc=ly, .~~ ~~ PriDcipoJ Tt8Il$pOf1aIioo Ana/yst . CIIeo<f.~ .1Ig_'-a.D>.CMlo-.OOlIon,~~_"-IQ.ItlI;IhIcInd.IoClllClLi1da.....I"li. -. _CUOO'llOooQO._...._.............. "'..~...... UpIancf.-'1Ilcdpo lOMvcl:_~ \tJoco~ Counly<<...._ ... }01 }02 0 2 3 4 5- 6 7 8 9 10 11 12 13 14 01S 16 17 18 19 20 21 22 23 24 2S 26 27 028 PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF SAN. BERNARDINO I am employed in the County of San Bernardino, State of California. I am over the age of 18 and not a party to the within action. My business address is 201 North "E" Street, Suite 301, San Bernardino, California 92401. On July 15, 2002, I served the following document described as PUBLIC MEETING ON PROPOSED UPTOWN 2002 REDEVELOPMENT PLAN AMENDMENT in the form attached hereto as Exhibit "A" to the owners of property and to site addresses that appear on the attached Exhibit "B" mailing list by placing [X] a true copy [ the original thereof sealed and delivered to the addresses as follows: See Exhibit "AN and Exhibit "BN [X] (BY MAIL, 1013a, 2015.5 C.C.P.) [] I deposited such envelope in the mail at San Bernardino, California. The envelope was mailed with postage thereon fully prepaid. [X] I am readily familiar with the Agency's practice for collection and processing correspondence for mailing. Under that practice, this document will be deposited with the U.S. Postal Service on this date with postage thereon fully prepaid at San Bernardino, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. [X] (~TATE) I declare under penalty of perjury under the laws of the Sate of California that the above is true and correct. Executed on October 21, 2002, at San Bernardino, California. ---JU4. -1- Public Meeting on Proposed Uptown 2002 Redevelopment Plan Amendment The CIIy of Sa! Bernardino ('City') nlthe Economic Development Agency ('Agency') Is coosIderlng an amendment to the Uptown Redevelopment Plan. To beIler Inform the residents, businesses nllnlelesled parties, the CIIy nl Ioqerw:f have pIamed to hold a public lnfonnaIional meeting on July 25, 2002 at 6:15 pm In the CIty Council Chamben. Before the Uptown RsdeveIopment Plan can be amended, a joint pubic hearing of the Mayor nl Conunon CounclI nl Redevelopment Agency must be held. The schedule for the meetings Is as follows: Public Meellng: 7bUlSday, July 25, 2002 6:15 pm or /hereafter C CouncJ/ Chambers Monday, o.c.mJw 2, 2002 7:00 pm or /hereafter C CouncJ/ Chambers San &mllllllno Cify HaU 300 North "0" S""' San Bemlllllln CA Please consider atlen41ng these meellngs to Ieam more about the proposed Plan Amendment or call (909) 663-1044 for Infonnation. In 1986, the Redevelopment Agency of the CIIy of San Bernardino ('Agency') adopted the Uptown Redevelopment Plan to start a 4O-year effort to improve the Uptown Project Area. At the time of adoption of the Redevelopment Project. the Uptown Project Area was experiencIog debimenlal physical, social, nl economic conditions !hat were negatively impacting the ama. Due to the Wtural and historical value of the arna,the Agency Inltialed a comprehensive program to stimulate new deveiopment nl provide I9habi1Itatlon activities In the Uptown Project Area. Since 1986, the Agency has axnpIeted various projects In Its efforts to improve the ama. These projecls Include: " Provided assisfance to Games for Fun to expand their operaIionsllaa1i1ies; . Assisted HalrMaster School of Beauty with the construction of publ"1C inprovements, parking lot expansion; . Provided assistance for the renovation of the Smart & Rnal Shopping Center, and . Provided low interest s1ngle-famlly home rehabililallon loans. Despite the Agerc{s best effort. adverse conditions continue to remain and a additional projecls thai need to be completed In order to revilaIIze the . To continue the redevelopment process, the Agency has to re-establish . en! domain aulhorlly on certain portions of the Project Area. Please see details on Page 2. Se programa una Reunl6n abierta al pUblico, tratandose de Ia propuesta Refonna al Plan de reurbanizac/6n de Uptown de 2002 La cludad de San Bernardino {'Consejoj y la Agenda de fornento econllmico ('Agendaj estm1 conslderando una enmlenda aI Plan de IllUrbanlzaclcln de Uptown. Para Informar a Ios resIdentes, negoclantes, Y a !as partes afectadas, eI Consejo Y fa Agenda han programado una IllUnI6n InformaIlva. abieIta aI pQbIIoo, eI dla 25 de jullo de 2002, a las 6:15 de la tarde en fa SaIa del Consejo. Antes de poder reforrnar eI Plan de rewllanizacl6n de Uptown, debe ceIebraIse una audIencIa pQblIca entre eI Consejo de fa eludad Y fa Agenda de IllUltanIzacI6n. EI horarfo de eslas asambIeas sera io sIguIente: Reunl6n PUblica Juevu. 25. julio . 2002 6:15 pm 0 pos/8I1otm<<Jle en II Sala., Audlencla PUblica entre fa Lunes, 2. dlcIembre d. 2002 AgencIa de reurbanlzackln y el 7:00pm 0 pos/8I1otm<<Jle Consejo en II Sa/a del Con$8jo Lugar Ayuntamiento d.1a eludad d. San Bemlllll1no 300 NOIfh "0" Streef . San Bemllllllno CA Por favor plense en as1stlr a es!as asambleas pars Infonnarae mas acerca de la propuesta Enmlenda al Plan, 0 Dame al (909) 663-1044. En 1986, la Agenda de reurbanlzacl6n de la Ciudad de San Bernardino ('Agenclaj adopt6 eI Plan de reUlbanizacl6n de Uptown para darle Inicio a un esfuerzo de cuarenla alios de mejoras a Ia Area de proyecto Uptown. En eI momento en eI CIJ!II se adopt6 eI Proyecto de reurbanizacl6n, fa Area de proyecto Uptown experimentaba condlclones peIjudicIaIes-llsicas, soclaIes, y econ(xnlca&.-.las cuales afectaban a la area. Debldo.aJ valor cultural e hlst6rico de la area, fa Agenda InIcl6 un programa extenso para estimuIar nueva urbanlzaclcln. y para propon:ionar adlvldades de rehabililacl6n en fa Area de proyecto Uptown. Desde 1986, fa Agenda ha cumplido valios proyeclos para mejorar la ama. Estos proyectos lncIuyen: . Le pIOpOftion6 asIstencia a 'Games for Fun' para amp/lar IUS operacionesIInslalaclones; . Le asIst16 aI CoIegIo cosrOOtico, HalrMaster, con fa conslnJcdcln de mejoras a fa eludad y con eI ensanche del estacIonamiento . Proporcion6 aslslenda para la renovacl6n del Centro ComercIaJ Smart & F1nal;y . Exped't6 prestamos de bajo interes para la rehabllilacl6n de hogares de una sola fanulia A pesa- de Ios esfuerzos leaIes de fa Agenda, alln existen condIdones adversas Y quedan par e1aborarse proyeclos adicionaIes para revlIaIiza- fa area. Para continuar con eI proceso de IllUrbanlzacl6n, fa Agenda debe restablecer su autorldad de dominlo emfnente para dertas partes de fa Area de proyecto. Observa los delaIles en I. p{lglna 2. J'd~'( _1 \'[U[t'1 :)/1,'.'( )(;0_' Nt .I!'I'J'f:),-,;?u'l r f~/(I'1 . . o :lmtiation ofthe2(}(}2 Amt:1ldmt:1lt to the Redevelopmt:1lt PJao. In Jaooary 2lOO. the Aqeoof decided to consider amending the Rede\eIopmeI~ Plan In onler to re-es1abIIsh the use of eminent domain . to the yea' 2015. The Uptown Redevelopment Plan estabIlshes varkius tlme ald ftnanclal IImllalions Involving the use of redevelopment tools . wlthin the 433 lICAl Project Area. 0iIe of these time Ilmils, involving the use rI eminent domain to acquire real property in the Project Area. expired JtIle 18, 1998. WhIle the Agencf would be aIlIe to COI11lIete projects ald ooIect tax increment revenue Ihrough June 18, 2036, Ihe Agencf oouId not CllfIlI11ElIICe lilY eminent domain proceedings in the Project Area without IlHlS\abllshlng eminent domain. The Uptown Redevelopment Project Area consls1s rllwo (2) sublreas: Subarea A Incfudes appt'Oldrnately 343 acres ald Subarea B includes apprmdmaIe/y 85 acres. \'\lthIn Subarea A. the eminent domain pa.ver of the Agencf wtII be Imited to IlOIHIlSIdential propel1ies. In Subarea B, there Is no IlIId zooed or genernI plan as residential. However, there appears to be a few residential dwelling units on propel1ies In Subarea B which are deslgnaled for comrnerdaI or industrial development. Therefore, wlthin a portion of Subarea B, the eminent dornain pa.ver of the Agetq wII Include residentially occupied commerclal or industrial zoned properties. o=? public Involvement in the Proposed Redevelopment Plan process, the City Council Is providing for Ihe creation of a Area CommIIIee ("pAC"). The PAC will function as an advisory body lhat reviews the Draft to the Amendment rllhe Redevelopnent Plan ald, In partiQAar, wil ronsuK on housing ald resldential matters and provide a fooJm for information dissemination. PAC procedures ald appflClltions for persons interested In serving on the PAC wiD be provided at the July 25, 2002 publ'rc meeting. . " adopted, the amendment would extend the AIJeooIs Umired authority to use eminent domain, U necessary, to acquire property unlii 2015. . Upon exen:lse of eminent domain, the agency is required to justly compensaIe lMIl8IS rI acquired property ald toaow eslabIIshed relocation guidelines. . Please note the Agenq has no plans to use eminent dornain at this lime. The ability to acquire property is one of the fundamental tools In the Redewelopment PllIl. In Uptown, acquisition enaIlIes the Agenq baKer oppofIunIIies to consolidate parcels and Initiate redevelopment activities in the Project Area. Even though the Agencf has never used eminent domain In the Project Area. fIII1her acquisition, perhaps by eminent domain, wi! be needed to aIevIak! persistent physical and lald use b1'~ting condUlons. Eminent domain authority Is essential for the Agency to achieve redevelopment goals set forIh in the RedeveIopnent Plan. c "<.-" ~." {" " Iniciacion a 1a Rnmit:1lda al PJao. de reurbao.izacion de 2(}(}2 En enero d8 2lOO, fa Agencia decidi6 considerar reformar eI Plan de reurbanIzacI6n para restabIecer fa Iacuitad de dominlo eminente haSta 2015. B Plan de reurbanlzacl6n de Uptown estabIece varias ImItaciones la1to de p1azo y de Iinanzas-aln respecto aI usa de !as Iacuitades de la reurbanlzaci6n dentro de la Area de proyecto (433 acres). Uno de estos pIazos 1Im1les, tocante fa apIIcacl6n de domInlo eminente para adquIrir blenes inmuebles dentro de fa Area de proyecto, se venci6 el18 de junlo de 1998. Aunque fa Agencia podrla complelar sos proyectos y recaudar Ingresos de Impuestos lnaementaIes hasta eI 18 de junlo de 2036, fa Agencia no podrA inlciar <iIlgencIas de 8lCIllOPlacl6n dentro de la Area de proyecto sin hailer restabIecldo la Iacuitad de domInlo eminente. La Area de proyeclo de reurbanizacl6n de Uptown ronslste de (2) sub- areas: fa Sub-area A abarca aproximadarnent 343 acres y fa Sub-area B abarca apoxtmadamente 85 acres. Centro de la Sub-area A. fa facuKad de domInio emlnente que ejeroe fa Agenda se fimillW a bienes Inmuellles no resldenciales. En fa Sub-area B, eI terreno no se hll ZllIIiflcado como resldencial, tampoco 10 dispone asl eI plan general. Sin embaIgo, parece que exlsten pocas unidades resIdenciaIes sabre bienes inmuellles dentro de fa Sub-area B, !as coales estiIl designadas para su urbanizaci6n comeroIaI 0 Industrial. Per 10 _, en una pon:i6n de fa Sub-area B, la facuKad de domInlo eminente que ejerce fa Agencia se apIicarll a bienes lnmueIlIes zonlfIcados como comeroIales 0 Industriales. Para facilitar fa partIcipaci6n ptlblica en eI proceso a gestionar durante una Propuesla reforma aI Plan de reurbanlzacl6n, eI Consejo dispone para fa creaci6n de un Conilt6 de area de proyecto ("CAP'). B. CAP funclonanl como organlsmo consuItaUvo que estudIa eI Booador de la Enmienda af PllIl de reurbanlzaci6n y, en paf1Icular, consuttara asuntos de vivienda y resfdencia, mas proveer.l un foro para fa disemlnaci6n de informes. Los proced'lmientos del CAP, Y !as solicitudes para !as personas que esten interesadas en fungfr como miembro del CAP, se repartlrtln durante fa asambIea ptlbllca del 25 de juiio de 2002. . Si es adoptada, fa reforma ampIiarfa fa aulorldad IImItada de fa Agencia para que use eI domInio emInente, sI es necesario, para . adqulrir blenes inmuebles hasta 2015. . AI ejercer eI dominio emlnente, se requIere que la Agencia reoompense jus\llnente a Ios due/los de aqueIIos Ierrenos adquiridos, y que cump/a con !as reglas establecldas de reublcaci6n. . Haga favor de obsefvar que, aclUalmente, fa Agencia no tiene pensado apl'rcar la Iacuitad de domInlo eminente. . La capacldad de adquirir bienes inmuebles es una de !as ~ fundarnentales que emlllan del Plan de reurbanizacl6n. En Upta.m, la adquIsici6n Ie faclrlla a fa Agencia mayores opoI\unldades para acumular parteIas e lniciar activldades rewbanizadoras dentro de fa Area de proyecto. . ! f'lll'!'1I Rl'di'l'l'llIjlIII1'lIf Prll}l'! I 111'!1 BlJlllldal h', o BoUULJ o - L-.J [ [ [ [ 'B"- I I I I ...... = SUBAREA "A" SUBAREA"B" ...... ==. c UPTOWN c City of San Berwm:lino Economic Development Agency 201 North ''E'' Street, Suite 301 San Bernardino, CA 92401 o c o o o CERTIFICATE OF MAILING SAN BERNARDINO COMMUNITY DEVELOPMENT COMMISSION UPTOWN REDEVELOPMENT PROJECT AREA I, Mike Trout, whose business address is at the City of San Bernardino Econornic Development Agency, 201 North "E" Street, Suite 301, San Bernardino, CA 92401-1507, do hereby certify that the notice for the formation of a Project Area Committee (attached as "Exhibit A"), for the Uptown Redevelopment Project Area, was mailed, via first class mail, to all property owners, residents, business owners, community organization representatives, and interested persons in the area of the Uptown Redevelopment Project Area as shown on the attached copy of the mailing list (attached as "Exhibit B") at the United States Post Office, in San Bernardino, California on At~,,~.,t-.i? 1 , 2002. I certify under penalty of peJjury that the foregoing is true and correct. DATED: 4j/ -<7 ,2002 v ~# Mike Trout, Project Manager City of San Bernardino Economic Development Agency Attachments: Exhbit A - Public Meeting Newsletter/Notice Exhibit B - Mailing List P;\Dc'vdopnmi ~ PAC, 2002, 09-10 EIcetioa.Cc:rt Mailing Af6davildoc: Uptown Redevelopment Project Area c o Initiation of the 2002 Amendment to the Redevelopment Plan In Ja1uary 2000, ihe AQenCI dedded to consider amending !he Redeulllfll1lllld Plan In order to ~ !he use of eminent domain to 1I1e year 2015. The u~ RedeveIcpmenIPlan eslallIishes various time and tinancialllnlllallons in'IIlIYing !he use of 1llde,e1opmenllools wllhIn !he 433 acre ProjecI Alea. One of these line imlts; invdYing the use of eninenI domain to acquire real property In !he ProjecI Area, expired June .18, 1998. WNIe!he AQercf wodd be able to ~e projects and coIect laK ilClemeld _ Ihrough June 18, 2036; the AQenCI could not conwellce ant eninenl domain proCeedings In tile Project Atea wllhout ra- eslaIJIshIng emII1ent domain. The upoWn ~ Project Atea consists of two (2) subaleas: Subarea A Includes appnlldma\ely 343 acres and Subarea B Includes approximaIeIy 85 acres. Withln.Subarea A. tile eminenlpain power of tile Agaq \\tI be lmited~noMeSIdential propel1les. II:1.SJI\lllf9aB,tIiere . .Is no.l;In<f zooed or general plan as residential. ~,t.ere appears.to be~.few residenlIal d\veIog unils oopropef1leSlnSuIlaIeaBwhIcb are designaledlOrc:ommen:lal. or induslriaI deveIopi11enl Therefore, wllhIn a podlon of Subarea B, tile eminenI domain power.of 1Iie Ageroy willlnclud<i resldenliaIly 0CCtJlied COO1ll18ICiaI or indusfrlilI zooed propefIies. To IacIIiIate public InvoIvemenI In the Proposed Redevelopment Plan Amencknenl process. tile City Council Is. proWling. lOr the aeation 01. a Projea Atea CornmI1Iee("PAC1. The PAC Wlllundion as an advisory !leidy 1ha reviews tile Draft to !he Amendment of the RedeYelopmenl Plan and, in partlcular, wi coosuIl on housing and residential mattelS and provide a forum lor infoonalion dissemlnalion. Being a member of tile PAC and W<lfting with !he PAC provides you the oppclI1l.nIty 10 safeguanl your interesls and to provide input into !he IlldeYeIopmenl process involving your neighbort1oods. The PAC also ptMdes Input and recommendalions to the Mayor & Convnoo CoonciIIConvnii Development COnVrisslon concemlng the adoption of theAmendn1enl to the Uptown RedeV\llopmeot Plan. . . Imporfa1t dates to remember are: . Fdday, 12:30 p.m., September 6, 2~. PAC appIicalions are due~ the G:o.IOl.lic.1leYeIopmenI AtJeoct at 201 No<lh E StreeI. Slife 301 (above !he . ~ Slnre) 1Ionday, 9:00 a.m., September 9,. 2002 - PAC absentee ba110l will be available aI!he Eoonomic IleYeIopmenI AtJeoct, 201 Noo1h"E' Street, Suite 301 (above tile Big-5 Store) Tuesday, 5:00 p.m., September 10, 2002 - PAC absentee ba110ls are due at the Economic lJeo.eIopmenlAgeroy, Suite 301 (above the Big-5Store) " Tuesday, 7:00 p.rn., September 10. 2002 - PAC eIecIions, Economic IleYeIopmenI AQenCI, 80aJd Room. Sulte301 (above the Big-5 Store) We encoorage you 10 paliclpate In the Iaination of !he Uptown ProjecIArea CoIm1Illee. PAC procedures and applicaIions lor persons interested In seMng 00 tile PAC are available at the ofIices of the EconomiC 0eveI0pment Ageroy, 201 Nath 'E' StreeI. Suite 301, San Bemarlino, CA. Should you have any questions, please coolacl Mike Trout, Project Manager, aI(909) 663-1044. c Iniciacion a ]a Enmienda al Plan de reurbanizacion de 2002 Ell enero de 2000, Ie Agendadec1di6 COIlSidel31 reIcmtar el Plan de reurbanizaci6n para ~ Ie facuIIad de domlrio 8IrinenIe hasIa 2015. 8 Plan de reurbanizaci6n de Uptown estabIece Y3Iias limllaclones Ian\o de plaza y de lInanzas-con respecto aI usn de Ias facUIades de la reurbanizaci6n denlro de Ia Area de proyeclo (433 aaes~ Uno de estos pIazOS Ilnites. tocanle Ia apIicaci6n de dooinIo enilenle para a<kjuIli' bIenes InIooebIes dentro de Ia Atea de pmyecto. se vencl6 el18 de junio de 1998. Aunque Ie Ag8nciapodrla compIelar sus pmyectoS Y recaudar ~ de Impuesloslocremenlales hasta el18. de junlo de 2036,Ia Agencla no podr3 lnlclar dfogenclas de expmpiacIOn dentro de Ia Atea de proyectO sin hailer restabIecldo Ia facullad de dominIo eninente. La Atea de pmyecto de IllUfllanizacll de UptDwn consIste de (2} sub-areils: la S\lb-area A abarca apmxImadamerlle ~. aaes y Ie ~ B abarca aproximadamenle 85 acres. 0entRl de Ie SUb-area A. Ie facuIlad de dominIo ~1e que ejerce Ia Agencla. se IImIlar.l a ~ ivnuebles. 00, residenciales. ' EIlIa SutHlrea e, . el ~.JiQS!l ha 2OOificado como' residenciaI, tampoco 10 c1spooe asi eI pIOO.geMi;t Sil Oilmgo, paecequ~ existen pocas unidades residendaleS.sOtxe'J>leiles InIooebIes dOObtHlela Sub-area B. Ias cuales estan deslgnadas pam SUo UIbaniiad6n c:IlIOO<ciaI o. indus1Jial. Per 10 tanto, en una pon:iOO de Ie Sub-area B, Ia facultad de. dominio emInente que ejerce Ia Agencia se.apIicaJi a bienes inmuebles zooificados como COfllefdales 0 indus1rlales. . Para laemtar Ia participaci6n polblica enel proceso a gesIionar durante una Propuesta reIonna aI Plan de reurbanlzacl6n, el Consejo dispone para la creaci6n de un Comite de area de proyecto ('CAP'). 8 CAP Iuncionar3 como organisrno coosullativo que estudia el Booador de Ia Enmienda aI. Datos impof1antes de recordar son: Vlemes. 12:30 p.m., Septiembre 6, 2002 - PAC ApIicaciones son vencidades aI Agenda de Desarollo Economico, 201 North 'E' Street. Suite 301, (llIiba de Big-5) c .'.- -<,,' Lones, 9:00 ..rn., Septiembre 9, 2002 - PAC boIelos de ausente& seran diponlb1e en Ia olicIna de Agenda de DesaroIIo Economioo. Suite30f (anba de~). Martes. 5:00 p.m. Septiembre 10, 2002 - PAC boIelos de ausentes seran venciodos alia oficlna de Agencia de DesaroIo Economioo; 201 North 'I:" Street, Suite 301. (arilla Big-5) . Martes, 7:00 p.m. Septiembre 10, 2002 - PAC EJecclones, de Ie ofoclna Agenda de Desarol1o Economioo, BoaRl Room. 201 Noo1h 'E"StreeI. Suite 301 (ariba Big-5) Los animamos que seanJlar1iceanleS en.l3formaclqn de 1e!An'iSiOO de UplOWll Prcject Alea. Plan de 1eII~ y.. en pri:uIar" consu~ asuntos de. Yivienda Y resldilnda. mas ~ un 'foIoilOOl Iadiseininackln de inIormes. ProcedimienIo de PAC Y ~ pnpll!SOOa$~ en semr en el PAC esl3l a su di$posicIon en Ia~ 'de Angecla de DesaroI1o Economico 201 North 'E" StreeI. Suite 301, san Bernardino. -sitien quaIquir pregunta. pc;.. favor de Il3Inar Mike Trout, prqect Managei. aI (909) 663-1044. " - c o c CERTIFICATE OF MAILING SAN BERNARDINO COMMUNITY DEVELOPMENT COMMISSION UPTOWN REDEVELOPMENT PROJECT AREA I, Mike Trout, whose business address is at the City of San Bernardino Economic Development Agency, 201 North "E" Street, Suite 301, San Bernardino, CA 92401-1507, do hereby certify that the notice for the Public Meeting for the Initial Study and EIR on the Proposed Uptown 2003 Redevelopment Plan Amendment (attached as "Exhibit A") , was mailed, via first class mail, to all property owners, residents, business owners, community organization representatives, and interested persons in the area of the Uptown Redevelopment Project Area as shown on the attached copy of the mailing list (attached as "Exhibit B") at the United States Post Office, in San Bernardino, California on December 10, 2002. I certify under penalty ofpeJjury that the foregoing is true and correct. DATED:~/O ,2002 ~ Mike Trout, Project Manager City of San Bernardino Economic Development Agency Atiachments: Exhbit A - Public Meeting NewsletterlNotice Exhibit B - Mailing List P:\Dcvdopmc:Dt Dcpt\m'kc\Uptovm,2002.12-18InidalStudyMlgCatMailingAffidavLdoe ~ ; ..'" . , '!' . ~.".. PUBLIC INFORMATION MEETING. . ECONOMIC DEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDIO .UPTOWN REDEVELOPMENT PROJECT AREA NOTICE OF AVAILABILITY OF iNITIALSTUDY . 'l ~ ,; ....,. .. :!P' . o On Wednesday, December 18th at 6:00pm in the offices of the Economic Development Agency (EDA) there . will be a public meeting concerning the Environmental Impact Report (BIR) for the reinstatement of eminent domain powers throUghout all the Uptown Redevelopment Project Area. The BOA has hired the firm oflBA Associates, Inc. to prepare the Em. and will be at the pUblic meeting to discuss the scope of the Em. and take comments from the public. This meeting will be held at 201 North "E" Street, Suite 301 (above the Big-S), San Bemardino, CA. Untown Redevelonment Proiect Area The Uptown Redevelopment Project Area includes 433 acres within iwo subareas in the City of San Bemardin6.SubareaAis comprised of349. acres of commercial area along Highland AvenUe and B!I8eline Street from Interstate 2lS oil the west to Waterman on the east, and along"E" Street, between Eight Street on the south to Highland Avenue on the north. Subarea B is comprised of 84 acres bounded by Third Street and the Santa Fe Railroad yard to the north, Interstate 215 on the east, Rialto Avenue and King Street on th~ 'south, and Mt Vemon Avenue on the west. The proposed text chan&es to the Plan do, not lImend, modify, change or affect the physical or regulatory environment With regard to implementation of the Uptown Redevelopment Plan. The use of eminent domain in Q. . Uptown Redevelopment Project Area was originally part of the Uptown Redevelopment Plan when it was pted in May 1986. This Plan was considered and evaluated in the Uptown Program Em. prepared for the Plan in 1986~ Eminent domain powers in the Uptown Redevelopment Project Area expired June 18, 1998. In addition to the reinstatement of eminent domain, there are two projects proposed for Subarea B. The first is a reuse project, which includes the development of approximately 88,000 square feet of commercial space (general retail) and 5S0 p3rlcing spaces on 8.9 acres. The proposed project may include additional parking in the form ofa two-level, 240-car parking structure intended for the use of Metro link passengers who board across Third.Street adjacent to the Santa Fe Depot Building. These project components would require the removal of three existing single-family residences and 72,500 square feet of commercial buildings that are currently partly .vacant and partly used for general retail. The second project is a City-initiated zone cbimge. Although there is . .. no proposed dcWeloPment projeCt attliis time, the City Is initiatnlg a ZOne c~e from ugbtInduStrlal (IL) to a' General Commercial (CG-l) District in a two~block area bounded by 1-215 on the east, "K" Street on the west,. Third Street on the north and Second street on the south. Both "I" Street and Kenda11 Avenue would be vacated in this two-block area. The CG-l designation is intended to provide for a variety of retail, personal services, entert3inment, and office and related commercial nses along major transportation corridors and intersections to service the needs of residents; reinforcing existing commercial corridors and centers and establishing new . . locations as residential growth occurs. Related projects that are currently underWay include the restoration of the Santa Fe Depot Building (an environmental analysis of traffic and parking was previonsly completed for this refurbishment); and the proposed freeway widening and on/off ramp modifications that Caltrans willunderlake. ePies -of the Initial Study for the Uptown Redevelopment Project Area are available at the front counter of the Economic Development Agency of the City of San Bemardino, located at 201 North "E" Street, Suite 301 (above the Big-5 store), San Bemardino, CA during regular business hours between 8:00am - 5:00pm Monday thru Th\lfSdayand 8:00am - 4:00pm on Fridays. . o CERTIFICATE OF MAILING SAN BERNARDINO COMMUNITY DEVELOPMENT COMMISSION UPTOWN REDEVELOPMENT PROJECT AREA I, Mike Trout, whose business address is at the City of San Bernardino Economic Development Agency, 201 North "E" Street, Suite 301, San Bernardino, CA 92401-1507, do hereby certify that the notice for the Public Meeting on the Proposed Uptown 2003 Redevelopment Plan Amendment and the formation of a Project Area Committee (attached as "Exhibit A"), for the . Uptown Redevelopment Project Area, was mailed, via first class mail, to all property owners, residents, business owners, community organization representatives, and interested persons in the area of the Uptown Redevelopment Project Area as shown on the attached copy of the mailing list (attached as ''Exhibit B") at the United States Post Office, in San Bernardino, California on February 10, 2003. . I certify under penalty of peIjury that the foregoing is true and correct. o DATED:.kg /3 ,2003 c pz;4 Mike Trout, Project Manager City of San Bernardino Economic Development Agency Attachments: Exhbit A - Public Meeting NewsletterlNotice Exhibit B - Mailing List P:\Acc:ouming Dept\Mh\UplOWft, PAC CertificIlicm ofMailin&: Affidavitdoc o c c ',. Uptown Redevelopment Project Area Initiation of the 2003 Amendment to the Redevelopment Plan In January 2000, the Agency decided to consider amending the Redevelopment Plan in order to re-instate the use of eminent domain to the year 2015. The Uptown Redevelopment Plan establishes various time and tinanciallimitations involving the use of redevelopment tools within the 433 acre Project Area. One of these time limits, involving the use of eminent domain to acquire real property in the Project Area, expired June 18, 1998. While the Agency would be able to complete projects and collecttax increment revenue through June 18,2036, the Agency could not commence any eminent domain proceedings in the Project Area without reinstating eminent domain, which is used as a last resort. To facilitate public involvement in the Proposed Redevelopment Plan Amendment process, the City Council is providing for the creation of a Project Area Committee ("PAC''). The PAC will . function as: an .advisory..body that reviews .the Draft to the Amendmentof the Redevelopment Plan and,in particular, Will consult on housing and residential matters and provide a forum for information dissemination. Being a member of the PAC and working with the PAC provides you the opportunity to safeguard your interests and to provide input into the redevelopment process involving your neighborhoods. The PAC also provides input and recommendations to the Mayor & Common Council/Community Development Commission concerning the adoption of the Amendment to the Uptown Redevelopment Plan. Important dates to remember are: Thursday, 6:00pm, February 20, 2003 - Project Area Committee (pAC) information meeting will be held in the Board Room of the Economic Development Agency, located at 201 North "E" Street, Suite 301, San Bernardino, CA (above the Big-5 store). Tuesday, 6:00pm, April 1, 2003 - Project Area Committee (PAC) elections will be held in the Board Room of the Economic Development Agency/located at 201 North "E" Street, Suite 301, San Bernardino,CA (above the Big-5 store). Monday, 7:00pm, April 21, 2003 - The Mayor/Common Council adopts a resolution affirming the Project Area Committee (PAC) election results. This meeting will take placein the City of San Bernardino Council Chambers, 300 North,"D" ~treet, San Bernardino, CA. We encourage you to participate in the formation of the Uptown Project Area Committee. PAC procedures and applications for persons interested in serving on the PAC will be available at the PAC information meeting to be held on Thursday, February 20, 2003 at 6:00pm. Should you have any questions, please contact Mike Trout, Project Manager, at (909) 663-1044. If you are unable to attend the information meeting you make call the Economic Development Agency and request the Uptown PAC procedures and application. The Uptown PAC procedures and application will then be mailed to you after the information meeting. o o c CERTIFICATE OF MAILING SAN BERNARDINO COMMUNITY DEVELOPMENT COMMISSION UPTOWN REDEVELOPMENT PROJECT AREA I, Mike Trout, whose business address is at the City of San Bernardino Economic Development Agency, 201 North "E" Street, Suite 301, San Bernardino, CA 92401-1507, do hereby certify that the notice for the Public EIR Scoping Meeting on the Proposed Uptown 2003 Redevelopment Plan Amendment (attached as "Exhibit A"), was mailed, via first class mail, to all property owners, residents, business owners, community organization representatives, and interested persons in the area of the Uptown Redevelopment Project Area as shown on the attached copy of the mailing list (attached as "Exhibit B") at the United States Post Office, in San Bernardino, California on March 10,2003. I certify under penalty of peJjury that the foregoing is true and correct. DATED: 17,t1u4.. ,2003 ~~ Mike Trout, Project Manager City of San Bernardino Economic Development Agency Attachments: Exhibit A - Public Meeting NewsletterlNotice Exhibit B - Mailing List P;\Aa:ouatilla Dept\Mike\llplowa, 2003, 03.26 ScopirJI M1J CertificlItioa ofMailin&: Affidavit.doc o CITY OF SAN BERNARDINO NOTICE OF PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT AND PUBLIC SCOPING MEETING UPTOWN REDEVELOPMENT PROJECT AREA The City of San Bernardino will be the Lead Agency for the preparation of an Environmental hnpact Report (EIR) for the reinstatement of eminent domain powers throughout the Uptown Redevelopment Project Area. Uotown RedeveloDment Proiect Area The Uptown Redevelopment Project Area includes 433 acres within two subareas in the City of San Bernardino. Subarea A is comprised of 349 acres of commercial area along Highland Avenue and Baseline Street from Interstate 215 on the west to Waterman Avenue on the east, and along "E" Street, between 81b Street on the south and Highland Avenue on the north. Subarea B is comprised of 84 acres bounded by 3'" Street and the Santa Fe Railroad yard to the north, Ihterstate 215 on the east, Rialto Avenue.and King Street on the south, and Mt. Vernon Avenue on the west. The proposed text changes to the Plan do not amend, modify, change, or affect the physical or regulatory environment with regard to implementation of the Uptown Redevelopment Plan. The use of eminent domain in the Uptown Redevelopment Project Area was originally part of the Uptown Redevelopment Plan when it was adopted in May 1986. This Plan was considered and evaluated in the Uptown Program EIR prepared for the Plan in 1986; Eminent domain powers in the Uptown Redevelopment Project Area expired June 18, 1998. In addition to the reinstatement of eminent domain, there are two projects proposed for Subarea B. The first is a project which includes the development of approximately 88,000 square feet of commercial space (general retail) and 550 parking spaces on 8.9 acres. The proposed project may include additional parking in the form of a two-level, 240-space parking ~cture intended for use of Metrolink passengers who board across 3'" Street adjacent to the Santa Fe Depot. This project vuld require the removal of three single family residences and 71,500 square feet of commercial buildings that are partly . vacant and partly used for general retaiL The second project is a City-initiated zone change from IL, Industrial Light to CG-l, Commercial General.for a two block area bounded by 1-215 on the east, "K" Street on the west, 3M Street on the north, and 2'"' Street on the south. Both ''r' Street and Kendall Avenue would be vacated in this two-block area. The CG-I designation provides for a variety of retail, personal services, entertainment, and office uses. Although no commercial development is proposed at this time, the City believes there is potential of the Santa Fe Depot rehabilitation project. In addition to the rehabilitation of the Santa Fe Depot, Caltrans proposes to widen 1-215 and complete on/off ramp modifications. Also included as a related project is a proposed amendment of the Central City North Redevelopment Project to authorize reinstatement of the Redevelopment Agency's eminent domain powers. Collies of the Initial Study for the Uptown Redevelopment Project Area are available at the Economic Development Agency of the City of San Bernardino, 20 I North "E" Street, Suite 30 1 (above the Big- 5 store), San Bernardino, CA during regular business hours between 8:00am - 5:00pm Monday thru Thursday and 8:00am - 4:00pm on Fridays. On Wednesday, March 26,2003, there will be a public scoping meeting concerning the Environmental Impact Report for the reinstatement of eminent domain powers throughout the Uptown Redevelopment Project Area. LSA Associates, Inc. . has been retained to prepare the EIR and will be at the meeting to discuss the scope of the EIR and take conunents from the public. This meeting will be held at 6:00 pm at the Economic Development Agency. You may also submit written comments regarding the scope of the EIR to Valerie Ross, City of San Bernardino Development Services Department, 300 N. "D" Street, San Bernardino, CA, 92418, through Monday, April 14, 2003. For additional information, please contact John Hoeger at (909) 663-1044. c c CERTIFICATE OF MAILING SAN BERNARDINO COMMUNITY DEVELOPMENT COMMISSION UPTOWN REDEVELOPMENT PROJECT AREA I, Mike Trout, whose business address is at the City of San Bernardino Economic Development Agency, 201 North "E" Street, Suite 301, San Bernardino, CA 92401-1507, do hereby certify that the notice for the Joint Public Hearing on the Proposed 2004 Eminent Domain Amendment to the Uptown Redevelopment Plan and Certification of Final Enviromnental Impact Report (attached as "Exhibit A"), for the Uptown Redevelopment Project Area, was mailed, via first class mail, to all property owners, residents, business owners, community organization lepresentatives, and interested persons in the area of the Uptown Redevelopment Project Area as shown on the attached copy of the mailing list (attached as "Exhibit B") at the United States Post Office, in San Bernardino, California on June 18, 2004. I certify under penalty of peIjury that the foregoing is true and correct. o DATED: June 21, 2004 c ~~ Mike Trout, Project Manager City of San Bernardino Economic Development Agency Attachments: Exhbit A - Public Meeting NewsletterlNotice Exhibit B - Mailing List P;~Dq:t~2004.Joint:PublicIfea!WtgCcrtorMailingAffid&vit.&:le , (" " ,. " ;. . .." -~ , 4NuCN:~OF,,~i!~~UI!"Igr~<iQj' , ,g(!O~=~l'~~oFSAN '~'--"", ,.:o..,;,.-,..,~ "',,';',~,' '~~-#;~::;' .~ ~ ;!~'~~;I~~js~1~_,:_->---';,t'"->-:,, ,.'-;~; 'ly.iPix _ ,-',.de';;fHigbJandAviu~_.i(f9akijiJ:c ,:'--",>-', ,: ':~~\A~.~'~~~~~-+"'~~'t)F-\;';> " !., . ,,-~- ",-' , -''-,,:- ,,' '.- -." ,~:~-.~~_~?usJy,~:'~,'~_N~~_IO"i9S7,'_8!l..~_; of "e:R~JJfSlll!_-~g'S_~ty. Tht\'~-~bounds legal"c:lescription o(tbe;Pro.F maY;'_~- ~_b.y. ally inl~qi ~n-at llo-'c6~Hrom the Agency's offices at,201._N~"F' "1a'92401 dur:ilis:.arbUSineS:Shout'!l\ ,;at~~~~; )bO' -'" "'- "-. -'. - -- .','" j~'''~:~_1vIiCD.~J;iOH~\t;i'o~tJ!~;I~ ii~-iS:j~:~C~AtencyhU.Di~iabs:~~~iaken-1lOQtbe.: acqoo to acqtiih, ani'~jD: ,~~'~'lL"';;'f~;~ec:f~WY~Df:d~)il:~iri~i' :H~;~;,_~AgeD.iijH~ .-" to redeVelop etrtain ~'m'tJ~io~'" _.thC,~M~~_~~'Fe.':J,>~et..t~l-racnitY, sa! iSjdeniified-m-lhe_"~biricd , "-,, o&8btli1!e!'-dCvd~f" _ -' edand:if~-MmadO"SantB;iFe -~~;:~'~:A;g~;'.'-. ~:B~neglWaU#~~" ,- " " ,tdOmiililpowen-of;tl~~':~g~,: .i(~.wilJ:~e_tbct_AjI;~.~i.-. ' -~ 40main alJtllOrity:-wiJl:~o.W:the ~wDiS;~a A oCttie'ProjeCt Area: as -.irdl }.S-'tither ';~!i~i~~:':I~, whieli^~ ,~iiiuy '~-1l;Si~~any~;z6'n~~~-~Y-~'~tain s~ ~.are ltsted;ii,. 'the ~,o( ,;:~~?~'~~~,8~~'~_~t~';OQ~en~~~i1(~'~f~:~~%~:,$(e). - - ,', ::.- ~:A~bb, _c';~bi~id~b;oj~cni;1R ..d:llt"~ted'-~U;,i ~(.I\gency'6 Repor(1o:1bc M~yor ab4,(i~ ':~'~~_~tWill~~,~t~.at_jO~:J#.li~~:"-,The_~tbetext-Oftbe~:aad-,_ ..' PttiJet1~1AA together wiUHlie 'wijItm-'rtspflnst; to ~>_Pie;vi0Us1i':~~ on the COmbiDcd Project.ElR ,ale, . ,)-~'~Ug)atthti:~'i#ficeslit2?:J}:'orth"~S~:Suite:'3:W'.~Ji~Do;CA:92;40,J. . ,', " _ _ ',~~~~~~jj~~f~i7~~~~;k~~~~~~~~~:~:?:j: ., ~;~, tIIC',~_ I'J'Oject, EIR may , IlpJ)CU before-~ Mayor "_ COuU:ncm CoimcilliDd Commisswn liDd show CIUSC:Wby the /~;~;'~.bd':~~crnote lie adopted a#d theCOinbined ProjeCt EJR~UldQOibe,certi:~td~ final. ' '~~:tbe'~ ~:fOt,thcjom:q)~li~,heariDki aiiy_~ niay 61~_. wri~ s'taiemem With ~ City Ck:rloftheit QIij~ _' , ,'-': . ,., -,~"ihi~~' ~ect-EIIt, "The ~dres:s-of-tbc-'c-~,tl&)iAs'CitY__HalJ.300'NOith ""''Slreeto SIlD,~;,,:: "':\~Jf~-;~.lUtCf;:~:~_,~.in~~,_Wilt^,tx:<~;~:'bY"~,:'MaYoi:afid'COInmon__~l-a~Kf:tbC':, '.. , ~ W,~1k ~.-,0Il'~ H~",2,0QiI~ ,lIS sclieitlill~~f'-;ibOvt:~-:'If'~~_obj~QD to the ~:ot__~<,," )@.;.to;.'~ City,QCtk-.,e(Ore or"it,ihC-,time,iOf_lI,lI:i,~,mJblic;';~",.ac, ~ and,~ Ct!unCtl,:.Vii1;I,:;;''!,., 1~'tQ,~c1i'a,Wri~~eciibo,~~~~:~~"O~'~~-pfO~,~talidcert,m~_ti~-Q(:~';' ,," ,:;.',.. " ~.~-:) J.i~~~~,-~ei~:;a,~'N,tirls:N~~_ofjoi!Jt ,hbliCH~g_Jiy~q~,:S,til~~~~;I;.~~ .'deli~ by:mail indicms tmd'the, .:~~_~-cilii~_:~:~.tbe-ffi#ti\tetl"or\lWris-._~llIW~'mtde$.;liHhi,hoj~Area. lftheAmeodiDCiitis,8d~_' _ ~~'''C'GuIdJn tbe"futbi1i_~iriie.iuiY pn:iPcrtYJ.~-dl~'~mi'ArC.,~by'~:',~ sul5jec(to the Agency's compl~_Witli-_tbe :'.,-~:~f~t#PIiQb~~'aij~~~ot)ust~;toibe-owner;" ,'~-'_"i.-,:, --.' , '-;'~~~:~-~,~~~~-~'NoUce6~J~~icl'tearing~t~~~,:0~tbc;":9~~'~je()tErR, at ifyoubavc IDY~~/__-, . :r:~~1M~\~'~'ProjectElRo;-auy6ftbe'~lifiAjJOFil~~fJ~COPt8ctMiU Troqt, Proj<<tM~er,'-" :"~~1~1~~_~~~OftbC'Agency,orContaciliirnbY~i!,~~;0n!'" . ,":,:,' __, .' ,~,y 'C".. . .'" :'<., c" " .-.,~, 1- - . .'," ;-~~- -""," ;"!',.-,: ,,;,^ ',."- '-Ad;:~-- ~s~:':, ;~'''-~':-:~ }:~::;~~q,;{,~:;;; ''''~';':':;~,:r-;;',:::'' '-',:,,';,-- , ,:,< "":. '-'f: ..".,',',. ,,;'~> .;~:{1t':. - "'i:h. .'~ .;);!~"'(';;~ .,-,'-,-',-. '-,."-'C:' }:'.c '-:~;' ,':-','1 ~c_ _.',',' . ''Lf~~tW~tit~~~~~~tt~: - -:,c-?' -,f;/;-" :~~(~/R~'d' tiir&ic, '~?,~ ~~:~. ", : '}~ljft,;<,}~,/;:', ;',"'-,' ,.:::-',1':.'- :":':":':>;:-.' .::0.____ ,,--::-: _.. '- - ': ,: . <-~~Of~~_i,~ _i.bijc~'~~~g giV~')uiJe,l,'8;'~, ~ 'j , (~' 114... ;~~;.w:~;tj~~~r~~or , , ", ,-~--' .' ',- ,--, - '- - - ,,:,~~)tt-:'::-:-;'~~v~~1;i~K:~,:~;;:'e: " '~AgencyS~,-" ',' ',-.', AOSHoltl:6 V::J '<>!J!p,ltltlmg1l1lS t;:!'I~:~~jP4 1I. v 1. .!f\l(q,\ II. ~. c o c , DECLARA liON OF MAILING I declare that: I am a citizen of the United States, employed in the City of Santa Ana, County of Orange, State of California, over eighteen years of age, and employed with the ROSENOW SPEVACEK GROUP, INC., doing business as consultants for the ECONOMIC DEVELOPMENT AGENCY, City of San Bernardino, County of San Bernardino, State of California. My business address is: 217 North Main Street, Sutie 300, Santa Ana, California. I served the following documents by certified mail with return receipt requested: 1. Notice of Joint Public Hearing - For the Proposed 2004 Eminent Domain Amendment for the Uptown Redevelopment Project Area with the United States Post Office (Spurgeon Station) 92702, in Santa Ana, California. By mailing true copies thereof on Friday, June 18, 2004, to the entities attached hereto. I declare under penalty of pe~ury that the foregoing is true and correct; and that this Decleration was executed on Tuesday, June 22, 2004. ~'V.~ Date ROSENOW SPEVACEK GROUP, INC. G:\RSG\Administraion\MAD.JNG DECLARATIONS\DM_ San Bernadino _Uptown 062204.DOC <~' _'\11"1';)' 'Il.... -':~~,~U#, , '..i~:;.::;:';'..;"C_, ~~.~~~~~:7~~' P~.,O"f:"',SOOIl,~aU:ij~.y,;~.~~~",~, .'.~,_-- : b;n~;;':}h ;~-Z;;=," ~~;:;:/,;,,"\ '" ~~~~~~l'ti?kct_~ (~i';~~'PiOlcct'1;IR~T~iO , , ~~~~:,.Of:$'I'1~,-~:~iImi:IU~t~';~'~Cf.~ p~:-Tht:::~ ,i" '-j,-".c- ~-'-i \ "-:;;:~~~i'l~l~~ ,,~~~co::;=::;~~~:~~;= .' ,;':,-: ,:'~4~!ti1i5 ,widii' a;-PdPf~ I:k: PblaiDod ~ any in~ ~D at no.cost hom the Agency's offices at'201 NOi'tb"'W' ~'~'3~1;-~~;,Ql1ifoi:Qia924fr1~,~~,b~iDesi~':"._ . , ~~if~~II'l' '.: ,to~~)i~'~~9f~~,of;b!igbi ''IbCAga;q-~tfy.J;i!!~~,::'''" -.,-", 1:O;~~'lDti:iePii)jm:' _ '..i~~~,~,-~'a-:~'l;liSiS;;'TbdUlborityQftho,~to.,~-,,,:", 'r~,-;-" , ~_~_~~t:'~~~~:Bon,:~~br~_,~~~~~;-~'~;::~~~~:__" ... :,,~-, --- ,- ,~~-~~z~:.~_e,:", _"""'r"-Wl...__~:I't'~, Wijt.~:'_~_'.,'~:-'>-" ~.i~~ J'< :: ~::-~~~~~:~f:~: .:. ,",.-. .. ,y:, ~ .... . i' - ,;,_-~ ~. ~I-'" '<;' _>, _ ,-;:.:--.-'"."<'!_~ _ - ': _,,, ,_' ',., _ ,E', _ :' __ ":'. _ ", -, -, ;:._~,~,;~,io>p.i!#ic=.~::l~:-1i.;1li~ '_", ' ildl.~-'~tZ.-u _:'~.." :~_sltcstbt.ce_'listl;.nD.'QleS~:-C)(:_, ~> -," ,'"f':;' ~:~~:.:',;:~;~~,~~~:_~t__5~~~_~~~~~~~~~:~o~f~~~*~~:: ,_ -', '_'_ " ':,' ,'_'-;:':f'::\:::_;;:-~:: '~';:_-j,,-:1~~:~\': - '- t__~:~';'d'...~jhe,-C~~bb.'ed:rrojert~IR..dlt.tftI, ,',' '-"'-;~~,_~:$,JbiportlO,~Mayor'~'~':' ,'::~:: ~'~~,~t-_Wilr-~-f:?e-~~,.tlie:jQ~~ "'1lie~u.ctext--Oftbc.~__-'-:- " ':""_ Pri)p;t)!Jll,~:-with_.tljC.~-:~,to ' -Yed',~the<:omlriDccJ'PiOj~:EII.t:';'ue',,'__. ." -~:;;i~;1~;;~~i_~~;~=~;!;+~:2,~~~ ;~_'the C9mb~'P-fojeCt-EIR. maY.lwcar,before-!,bcMayor,.oo ~ CO'ui1oil and ComniisSiou and show causc:WbY-'th't ,- ,." BhC;~~~(f~tc-beadOpiedapdtheCombincdPrOjCclEIR:shoukl~&::_Cciti,@~,'fiMI. -' , ..~,'.. '_: E;): .~~:',:.}:,,: ~_ ':(;'f~:<", ,',',;' :;\':,:,6,<;, - ~ :'~;::~i2.f:~f ,-," !g~~~~)~:~~'~} :' ,-,-:;< "",<,-, "',,-;." ."!o..' /?' ",.;"; -', . ,- '. "-' . . kO~HQjlZ;6V;);o!ijp.n!~aUl1s ,JOf aj,"s ~.4t'.I(l1ONlli:li l'...\ii"<;l",, m':,",niTb:~k;--<i;~,''';'T...m;~ ..' ... . MR. MARK,UFFER, INTERIM CAO SAN BERNARDINO COUNTY ADMINISTRATIVE OFFICES OARROWHEAD AVE, 5TH FL ERNARDINO CA 92415-0120 DR. HERBERT FISCHER COUNTY SUPERINTENDENT OF SCHOOLS SUPERINTENDENT OFFICE 601 N 'E' ST SAN BERNARDINO CA 92410 DR. ARTURO DELGADO, SUPERINTENDENT SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT 777 N 'F' STREET SAN BERNARDINO CA 92410 MR. DONALD WILLIAMSON SAN BERNARDINO COUNTY ASSESSOR 172 W. THIRD STREET SAN BERNARDINO CA92415 MR. JOHN NOWAK REDEVELOPMENT ADMINISTRATOR SAN BERNARDINO COUNTY 215 NORTH 0 ST STE 304 c;ERNARDINO, CA 92401 o J:\RSG\SANBERDO\UptoWll EDAmend\Uptown Taxingageylabels.doe MR. JOHN PRESTON MILLER PRESIDENT OF THE BOARD SAN BERNARDINO CO. BOARD OF EDUC 601 N.'E'ST SAN BERNARDINO CA 92410 MR. FRED WILSON - CITY ADMINISTRATOR CITY OF SAN BERNARDINO 300 N '0' STREET SAN BERNARDINO CA 92418 MR. C. PATRICK MILLIGAN, PRESIDENT SAN BERNARDINO VALLEY MWD PO BOX 5906 1350 S 'E' STREET SAN BERNARDINO CA 92412-5906 MR. PATRICK MEAD, INTERIM DIRECTOR COUNTY OF SAN BERNARDINO PUBLIC WORKS - FLOOD CONTROL 825 EAST THIRD ST SAN BERNARDINO CA 92415-0835 MR. ooNALD AVERILL, ED. D., CHANCELLOR SAN BERNARDINO COMMUNITY COLLEGE 114 S DEL ROSA DR SAN BERNARDINO CA 92408 MR. LARRY WALKER SAN BERNARDINO COUNTY AUDITOR/CONTROLLER 222 W HOSPITALITY LN SAN BERNARDINO CA 92415-0018 c P('lBL~~$ o . 1 , I, F , . , 1 F F c .NoncE 1$ ~y ~J\4T... 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Fllitfk1.2004-019iI4 o o c~ MINUTES UPTOWN REDEVELOPMENT PROJECT AREA COMMITTEE (PAC) CITY OF SAN BERNARDINO REGULAR MEETING July 6, 2004 1. CALL TO ORDER Chairman Sutherland, at 7:10 p.m., called the regular meeting to order of the Uptown Redevelopment Project Area Committee (PAC) Tuesday, July 6, 2004 in the Board Room at the Economic Development Agency, 201 North "E" Street, Suite 301, San Bernardino, CA. Those members of the PAC present are as follows: Linda Sutherland, Charlie Catren, Jack Cone. Also present: Mike Trout, Economic Development Agency. Members of the public: Steve Sutherland 2. PUBLIC COMMENTS None 3. CONSIDERATION AND APPROVAL OF THE UPTOWN PROJECT AREA COMMITTEE MINTUES MOTION: That the minutes of the Uptown Redevelopment Project Area Committee Meeting of April!, 2004 be reviewed as submitted in typewritten form and approved. I MOTION: That the minutes of the Uptown Redevelopment Project Area Committee meeting of May 6, 2004 be reviewed as submitted in typewritten form and approved. A motion was made by Committee Member Jack Cone and Seconded by Committee Member Charlie Catren that the minutes of the April 1, 2004 and May 6,2004 Uptown PAC meeting be approved. The motion passed 3-0. 4. DRAFT TEXT AMENDMENT TO THE UPTOWN DEVELOPMENT PROJECT AREA PLAN. MOTION: That the Uptown Redevelopment PAC recommends to the Mayor and Common Council and the Community Development Commission to adopt the Draft Text Amendment to the Uptown Redevelopment Plan Reinstating eminent domain authority in the project area. o c c~ 4. DRAFT TEXT AMENDMENT TO THE UPTOWN DEVELOPMENT PROJECT . AREA PLAN. (continued) A discussion ensued concerning the time length of the eminent domain authority and types of properties that when be included. Agency staff stated that, if approved, the eminent domain authority would be reinstated for a period of twelve (12) years and that all properties would be included in the eminent domain authority. Agency staff further stated that the authority for eminent domain in the Uptown Redevelopment Project Area would not be used to acquire any property for the Lakes and Streams project. That would either be the City or the Water Department much like the School District acquiring property for the new school located in the Central City North Redevelopment Project Area. A motion was made by Committee Member Jack Cone, seconded by Committee Member Charlie Catren that the Uptown PAC recommend to the Mayor and Common Council and the Community Development Commission that they adopt the Draft Text Amendment to the Uptown RedevelopUlent Plan reinstating the power of eminent domain within the project area. The motion passed 3-0. 5. ADJOURNMENT A motion was made by Committee Member Jack Cone, seconded by Committee Member Charlie Catren that the meeting be adjourned to Tuesday, August 3, 2004 at 7:00 p.m. in the Board Room of the Economic Development Agency, 201 North "E" Street, Suite 301, San Bernardino, CA. The motion passed 3-0. The meeting was adjourned at approximately 7:45 p.m. By: Jack Cone, Vice ChairmjlI1!Secretary o AGENDA . UPTOWN PROJECT AREA COMMITTEE CITY OF SAN BERNARDINO Regular Meeting Thursday, June 3, 2004 Economic Development Agency 201 North "E" Street, Suite 301 San Bernardino, CA 7:00 p.m. '. o NOTICE TO THE PUBLIC THIS MEETING HAS BEEN CANCELED , c. c c c. MINUTES UPTOWN REDEVELOPMENT PROJECT AREA COMMITTEE (pAC) CITY OF SAN BERNARDINO REGULAR MEETING May 6, 2004 1. CALL TO ORDER Mike Trout called the meeting to order at 7:20 p.m., Thursday, May 6, in the Board Room at the Economic Development Agency, 201 North "E" Street, Suite 301, San Bernardino, CA. Due to the fact that there was not a quorum of PAC members present, no PAC business was conducted. The next meeting will take place on Thursday, June 3, 2004 at 7:00 p.m. in the EDA Board. Those members of the PAC present are as follows: Charlie Catren. Also present: Mike Trout, Economic Development Agency. . . Members of the public: none 2. PUBLIC COMMENTS None 3. CONSIDERATION AND APPROVAL OF THE UPTOWN PROJECT AREA COMMITTEE MINTUES MOTION: That the minutes of the Uptown Redevelopment Project Area Committee Meeting of April 1, 2004 reviewed as submitted in \ Typewritten form and approved. 4. DISCUSSION OF DRAFT ENVIRONMENTAL IMPA"CT REPORT (EIR) FOR THE UPTOWN/CENTRAL CITY NORTH PLAN AMENDMENTS 5. REPORT ON UPTOWN REDEVELOPMENT PROJECTS 6. TOPIC(S) FOR FUTURE DISCUSSION There was a discussion among the committee members concerning having LSA, the ElR Consultant, to be at the next meeting to explain the ElR. Mike Trout told the committee members that he will contact LSA about being at the next PAC meeting. 7. ADJOURNMENT By: Jack The meeting was adjourned at approximatel L c c c. \ MINUTES UPTOWN REDEVELOPMENT PROJECT AREA COMMITIEE (PAC) CITY OF SAN BERNARDINO REGULAR MEETING April 1, 2004 1. CALL TO ORDER Chairman Sutherland, at 7:05pm, called the regular meeting to order for the Uptgwn Redevelopment Project Area Committee (pAC) Thursday, April 1, 2004 in the Board Room at the Economic Development Agency, 201 North "E" Street, Suite 301, San Bernardino, CA. Those members of the PAC present are as follows: Linda Sutherland, Charlie Catren, Jack Cone. Also present: Mike Trout, Economic Development Agency. Members of the public: none 2. PUBLIC COMMENTS None 3. CONSIDERATION AND APPROVAL OF THE UPTOWN PROJECT AREA COMMITIEE MINTUES MOTION: That the minutes of the Uptown Redevelopment Project Area Committee Meeting of March 25, 2004 reviewed as submitted in Typewritten form and approved. I A motion was made by Committee Member Jack Cone and Seconded by Chairman Linda Sutherland that the minutes of the March 25, 2004 Uptown PAC meeting be approved. The motion passed 3-0. 4. DISCUSSION OF INITIAL STUDY FOR THE UPTOWN/CENTRAL CITY NORTH PLAN AMENDMENTS It was discussed the need for the Initial Study and the part that it plays in deterIi1ining whether or not a full EIR is required. The Initial Study looked at the affects to the environment as a result of the reinstatement of eminent domain in the Uptown and Central City North project areas; the Mercado Santa Fe development project; and the General Plan Amendment/Zone Change within Uptown Subarea "B" for. The proposed zone change will affect the area bordered by "K" Street, 1-215, 3rd and 2nd Street. The zone change would be from Industrial Light (IL) to Commercial General (CG). o c c~ I 5. REPORT QN UPTOWN REDEVELOPMENT PROJECTS Mike Trout provided an update to the committee members concerning the progress of land acquisition and clearing within Subarea "B" as it relates to the proposed Mercado Santa Fe development. Site clearance of the acquired properties on K Street should start within the next two weeks. Committee members were given a copy of the Screen Check EIR (SCEIR). They were also provided with a draft copy of the amendment to the Uptown Redevelopment Project Area Plan reinstating the authority of eminent domain. 6. TOPIC(S) FOR FUTURE DISCUSSION There was a discussion among the committee members concerning having LSA, the EIR Consultant, to be at the next meeting to explain the EIR. Mike Trout told the committee members that he will contact LSA about being at the next PAC meeting. 7. ADJOURNMENT A motion was made by Committee Member Charlie Catren, seconded by Committee Member Jack Cone that the meeting be adjourned to Thursday, May 6,2004 at 7:00 p.m. in the Board Room of the Economic Development Agency, 201 North "E" Street, Suite 301, San Bernardino, CA. The motion passed 3-0. The meeting was adjourned at approximately 8:05 p.m. o c c MINUTES UPTOWN REDEVELOPMENT PROJECT AREA COMMITTEE (pAC) CITY OF SAN BERNARDINO REGULAR MEETING March 25, 2004 1. CALL TO ORDER Mike Trout called the PAC meeting of the Project Area Committee (pAC) for the Uptown Redevelopment Project Area to order at 7:10p.m., Thursday, March 25, 2004 in the Board Room at the Economic Development Agency, 201 North "E" Street, Suite 301, San Bernardino, CA. Those members of the PAC present are as follows; Linda Sutherland, Charlie Catren, Jack Cone. Also present: Mike Trout, Economic Development Agency. Members ofthe public; none 2. PUBLIC COMMENTS None 3. ELECTION OF PAC OFFICERS A motion was made by Committee Member Jack Cone and seconded by Committee Charlie Catren that Committee Member Linda Sutherland and Committee Member Jack Cone be appointed as the Uptown PAC Chairman and Vice Chairman/Secretary respectively. The motion passed 3-0. 4. DISCUSSION OF FUTURE PAC MEETINGS A discussion took place between the Committee and EDA staff concerning the date, time and location of future PAC meeting. A motion was made by Committee Member Charlie Catren, and seconded by Committee Member Jack Cone that future meetings of the PAC take place on the first Thursday of each month at 7;00 p.m. in the Board Room of the Economic Development Agency. The motion passed 3-0. Additionally, members of the PAC and EDA staff discussed the make-up of the PAC; what categories were vacant; the total number of persons that can serve on the PAC. c o c s. DISCUSSION OF INITIAL STUDY FOR THE UPTOWN/CENTRAL CITY . NORTH PLAN AMENDMENTS Mike Trout, EDA Project Manager, briefly discussed the Initial Study process and the need for an Environmental hnpact Report (EIR). He stated that PAC members would have the opportunity to review the EIR, the Report to Mayor and Common Council and the Text of the Amendment. He explained that any comments of the PAC would be included for consideration in the staff report for the adoption of the Amendment to the Uptown Redevelopment Project Area Plan. Additionally, Mike Trout gave a status report on the Mercado Santa Fe project in within the Subarea B portion of the Uptown Project Area. It was decided among the committee members that they would go through and discuss the Initial Study at the next PAC meeting. 6. TOPIC(S) FOR FUTURE DISCUSSION None were discussed 7. ADJOURNMENT A motion was made by Committee Member Charlie Catrell, seconded by Committee Member Jack Cone that the meeting be adjourned to Thursday, April 1, 2004 at 7:00 p.m. in the Board Room of the Economic Development Agency, 201 North "E" Street, Suite 301, San Bernardino, CA. The motion passed 3-0. The meeting was adjourned at approximately 8:05 p.m. ',> c o c MINUTES UPTOWN REDEVELOPMENT PROJECT AREA COMMITTEE (PAC) CITY OF SAN BERNARDINO REGULAR MEETING March 18,2004 1. CALL TO ORDER Mike Trout called the PAC meeting of the Project Area Committee (pAC) for the Uptown Redevelopment Project Area to order at 7: ISp.m., Thursday, March 18,2004 in the Board Room at the Economic Development Agency, 201 North "E" Street, Suite 301, San Bernardino, CA. Those members of the PAC present are as follows: Linda Sutherland, Charlie Catren. Also present: Mike Trout, Economic Development Agency. Members of the public: 2. PUBLIC COMMENTS 3. ELECTION OF PAC OFFICERS 4. DISCUSSION OF FUTURE PAC MEETINGS a. Place b. Date c. Time 5. DISCUSSION OF INITIAL STUDY FOR THE UPTOWN/CENTRAL CITY NORTH PLAN AMENDMENTS 6. INITIAL STUDY FOR CCN REDEVELOPMENT PROJECT AREA PLAN 7. ADJOURNMENT There was not a quorum ofP AC members therefore no PAC business was conducted. The next meeting of the PAC will be March 25th, 7 p.m. in the Board Room of the Economic Development Agency, 201 North "E" Street, Suite 301, San Bernardino, CA. The meeting was adjourned at approximately 7 :35 .p.m. C I 2 3 4 5 6 7 8 9 10 11 12 13 0 14 IS 16 17 18 19 20 21 22 23 24 25 C RESOLUTION NO. RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AS A RESPONSmLE AGENCY UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS, AND MAKING FINDINGS THAT A FINAL PROGRAM ENVIRONMENTAL IMPACT REPORT, AND THE MITIGATION MONITORING PLAN FOR THE REINSTATEMENT OF EMINENT DOMAIN POWERS IN THE REDEVELOPMENT PROJECT AREAS OF THE UPTOWN REDEVELOPMENT PROJECT AND THE CENTRAL CITY NORTH REDEVELOPMENT PROJECT FULLY AND ADEQUATELY ADDRESS THE POTENTIAL ENVffiONMENTAL EFFECTS OF THE APPROVAL BY THE COMMISSION OF SUCH REDEVELOPMENT PLAN AMENDMENTS WHEREAS, the Mayor and Common Council of the City of San Bernardino (the "Common Council") has previously taken certain actions in coordination with the Community Development Commission of the City of San Bernardino (the "Commission") as relates to a proposed reinstatement of the eminent domain powers of the Redevelopment Agency of the City of San Bernardino (the "Agency") within two (2) separate redevelopment project areas of the Agency known as: (i) the Uptown Redevelopment Project and (ii) the Central City North Redevelopment Project, in order that the Agency may undertake programs to eliminate and prevent the spread of blight in each of these redevelopment project areas; and WHEREAS, the Redevelopment Plan for the Central City North Redevelopment Project (the "Central City North Redevelopment Plan") was approved by the Common Council Ordinance No. 3366 in 1973, and the Redevelopment Plan for the Uptown Redevelopment Project (the "Uptown Redevelopment Plan") was approved by Common Council Ordinance No. MC-527 in 1986, and the condemnation powers of the Agency under the Central City North Redevelopment Plan expired in 1998 and the condemnation powers of the Agency under the Uptown Redevelopment Plan also expired in 1998; and -1- P:~.u\1OlJ4\04..t7.I'llpmn.CCNEa.CDCRao.doe 0 1 2 3 4 5 6 7 8 9 10 11 12 C 13 14 15 16 17 18 19 20 21 22 23 24 C 25 WHEREAS, the City of San Bernardino (the "City") in consultation with the Agency, has also taken action to consider certain changes in the land use element of the City General Plan, as adopted by Common Council Resolution No. 89-15, in order to compliment the potential redevelopment and use of certain lands in a portion of the redevelopment project area of the Uptown Redevelopment Project (the "Uptown Project Area") referred to as "Uptown Subarea B", and specifically within Uptown Subarea B the lands which are also affected by the proposed changes in the land use element of the City General Plan are described as a two block area bounded by 1-215 on the east, "K" Street on the west, 3rd Street on the north, and 2nd Street on the south, and the potential vacation of "1" Street and Kendall Avenue within this two block area which such General Plan amendment also contemplates; and WHEREAS, the Common Council and the Commission have previously called upon the residents, property owners, businesses and community organizations within the Uptown Project Area and the redevelopment project area of the Central City North Redevelopment Project (the "CCN Project Area") to form project area committees for each such redevelopment project area, " in order for interested residents, business owners and property owners to consider the potential effect of the reinstatement of the Agency's power to acquire land within each such redevelopment project area and to submit a report and recommendation to the Common Council and the Commission relating to reinstatement of the eminent domain powers of the Agency in each such redevelopment project area and the implementation by the Agency of program to eliminate blight in each such redevelopment project area which programs may include the acquisition of property by the Agency using the power of eminent domain; and WHEREAS, during calendar year 2003, an Initial Study was prepared under the provisions of the California Environmental Quality Act ("CEQA") which evaluated the potential effect on the environment of the reinstatement of the eminent domain powers of the Agency in the CCN Project Area and the Uptown Project Area and the potential effect on the environment of an amendment to the land use element of the City General Plan relating to a -2- P:~IlI\ItaoIIIIhu\2004\04-07-I' UptewII CCN EIIvCDC Rao.doc o 8 9 10 11 12 C 13 14 15 16 17 18 19 20 21 22 23 24 C 25 1 portion of Uptown Subarea B and the potential development of an Agency-sponsored 2 redevelopment program to remedy certain conditions of blight in Uptown Subarea B referred to 3 as the "Mercado Santa Fe Project"; and 4 WHEREAS, a notice of intent to prepare an environmental impact report was issued in 5 March 2003 relating to the proposed amendment of the Uptown Redevelopment Plan and the Central City North Redevelopment Plan, the Mercado Santa Fe Project and an amendment to the land use element of the General Plan; and 6 7 WHEREAS, in the months following March 2003, the completion of the preparation of , a draft of an environmental impact report document for the reinstatement of the powers of eminent domain in each of the redevelopment project areas was deferred as certain refinements of the Mercado Santa Fe Project were considered, and subsequently, on February 5, 2004, the Environmental Review Committee of the City determined that the environmental study of the reinstatement of the power of eminent domain in the two (2) redevelopment project areas and the associated redevelopment activities relating to such reinstatement of the power of eminent domain in each such redevelopment project areas as described below as the "Project" for purposes of compliance with CEQA, warranted the preparation of a Program Environmental Impact Report (a "Draft EIR") where the elements ofthe Project include the following: . reinstatement of the Agency's power of eminent domain to acquire land in the Uptown Project Area and the CCN Project Area (this reinstated power of eminent domain to be accomplished by written amendment to the text of each redevelopment plan); . rescission of special and development regulations contained in the Central City North Redevelopment Plan and the amendment of this redevelopment plan to conform to current Community Redevelopment Law relating to relocation of displaced persons and businesses and affordable housing and to require that all new development in the CCN Project Area conform with the City's General Plan, zoning and development regulations as currently in effect or hereafter modified or amended (the rescission of such special development regulations to be accomplished by a restatement of certain provisions of the Central City North -3- P:\ApR~tiolll\RelohdMu\2004\G4-07-1' UptDwlI CCN E.v CDC Rao.dec: o C 25 1 Redevelopment Plan to conform with the City's General Plan, zoning and development 2 regulations currently in effect or hereafter modified or amended); 3 a General Plan Amendment affecting approximately 19.02 acres within a portion . 4 of Uptown Subarea B bounded by 3rd and 2nd Streets and between "K" Street and 1-215 from "II.:' (Light Industrial) to "CG-I" (General Commercial), and such General Plan Amendment is identified as General Plan Amendment No. 04-02; 5 6 7 . analysis of a future retail development project within Uptown Subarea B. This 8 development is proposed for approximately 9.2 acres of land generally situated to the south of 3rd Street and is referred to by the City and the Agency as the Mercado Santa Fe Project. For the purpose of CEQA analysis, the proposed retail development concept assumes approximately 96,241 square feet of retail use and is based on the on-site vehicle parking standard of 4 spaces per 1,000 square feet of retail use, the proposed use requires a minimum of385 on-site vehicle The Mercado Santa Fe Project as proposed provides approximately 440 parking 9 10 11 15 Collectively, the potential environmental effects of the elements of the Project (the proposed redevelopment and related activities generally described in the four (4) subparagraphs preceding this sentence) is, for the purposes of the indicated analysis under CEQA, described in 16 17 this Resolution as the "Project"; and 18 WHEREAS, the City conducted a public scoping meeting to solicit public comments on the preparation of the Draft Program Environmental Impact Report (the "Draft EIR") for the Project; and WHEREAS, the 2003 Initial Study was updated and the March 2003 notice of preparation was updated and revised as the Notice of Preparation of the City to prepare a Draft EIR for the Project, and was published and circulated to the public, responsible agencies and other interested persons from February 17, 2004 through March 17, 2004, as required by 19 20 21 22 23 24 CEQA;and 4- P:~l\RaobIdo..ut04\04-87-1' (J~ CCN EIIvCDC RlM.dllC 0 1 2 3 4 5 6 7 8 9 10 11 12 0 13 14 15 16 17 18 19 21 22 23 24 C 25 WHEREAS, the text of the Draft EIR (including all appendices) was made available to the public, responsible agencies and other interested persons for their review and comment between April 8, 2004 through May 29,2004 as required by CEQA; and WHEREAS, verbal and written comments were received on the Draft EIR; and WHEREAS, these comments were responded to both orally and in writing as required by CEQA and the Final Environmental Impact Report document (State Clearinghouse No. 2003031072), dated June 15,2004 (the "Final EIR") has been prepared and transmitted to each responsible agency which submitted comments to the Draft EIR; and WHEREAS, the Commission conducted two (2) noticed joint public hearings on July 19,2004, with the Common Council as relate to the Project and the Final EIR with the fIrst such joint public hearing held in connection with the amendment of the Uptown Redevelopment Plan and the certifIcation of the Final EIR and second joint public hearing held in connection with the amendment of the Central City North Redevelopment Plan and the certifIcation of the Final ElR, and during the course of each such joint public hearing conducted on July 19,2004, the Commission fully reviewed and considered the Final EIR, the Mitigation Monitoring Plan, the Planning Division staff reports and the recommendations of the Planning Commission as relate to the Project and the Final EIR and drafted its own Facts and Findings and Statement of Overriding Considerations base upon its review such documents. 20 NOW, TIIEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF TIIE CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS FOLLOWS: Section 1. In connection with the consideration by the Commission of the amendment of the Uptown Redevelopment Plan to reinstate the Agency's power of eminent domain in the Uptown Project Area and the amendment and reinstatement of the Central City North Redevelopment Plan to reinstate the Agency's power of eminent domain in the CCN Project Area, the Commission conducted the following public hearings on July 19, 2004: -5- P:\AplI~u\2004\04-07-t, UptowJl CCN EIWCDCRao.doc o 6 7 8 9 10 11 12 13 C 14 15 16 17 18 19 20 21 22 23 24 C 25 1 (i) a joint public hearing with the Common Council to consider an amendment of 2 the Uptown Redevelopment Plan to reinstate the eminent domain power of the Agency in the 3 Uptown Project Area and the potential implementation with the assistance of the Agency of the 4 Mercado Santa Fe Project in Uptown Subarea B and the potential environmental effects of these 5 actions as set forth in the Final EIR; and (ii) a joint public hearing with the Common Council to consider an amendment of the Central City North Redevelopment Plan to reinstate the eminent domain power of the Agency in the CCN Project Area and the restatement and amendment of the Central City North Redevelopment Plan to rescind the special development regulations contained in such 1973 redevelopment plan and to conform the provisions of such 1973 redevelopment plan to the current-day Community Redevelopment Law relating to relocation of displaced persons and businesses and affordable housing and to require that all new development in the CCN Project Area conform with the City's General Plan, zoning and development regulations currently in effect and the potential environmental effects of these actions as set forth in the Final EIR. During the course of the joint public hearings identified above, the Commission received and considered all written comments previously received and all oral comments submitted by interested persons relating to the Project and the Final EIR. The Commission hereby finds that the conduct of these public hearings was full and fair and that the Commission has fully considered the potential effect on the environment of the Project. The Final EIR in the form as submitted to the Commission upon the conclusion of these joint public hearings is hereby acknowledged and declared to be the Final EIR for the Project. Section 2. The Final EIR (State Clearinghouse No. 2003031072) is a "program environmental impact report" as this term is defmed under CEQA Guidelines Section 15168, for the Project. The Final EIR for the Project, includes consideration of the potential environmental effects of the development of the Mercado Santa Fe Project and General Plan Amendment No. 04-02, and the Final EIR has been prepared and considered in compliance with CEQA. The -6- P:\ApDd~.I'UptlnnlCCNElivCDCRae.doc 0 1 2 3 4 5 6 7 8 9 10 11 12 0 13 14 15 16 17 18 19 20 21 22 C 25 Final EIR (including the text of the Draft EIR, all technical appendices, the Mitigation Monitoring Plan, the Facts and Findings and Statement of Overriding Consideration) and all the notices, with comments and staff reports related thereto are on file with the City Clerk's Office. Section 3. The purpose of this Resolution is to evidence the actions of the Commission as a "responsible agency" under CEQA in approving the amendments to the Central City North Project Plan and the Uptown Project Plan. Pursuant to CEQA Guidelines Sections 15050 and 15096 the Commission as a "responsible agency" shall consider and certifY the lead agency's EIR prior to approving a project, including providing findings supported by substantial evidence in the record related to substantial environmental effects the project will have on the environment and a statement of overriding considerations addressing the environmental impacts which are not avoidable and cannot be substantially lessened as a result of the project. The Final EIR was presented to the Common Council as the "lead agency" and the Commission as the "responsible agency" for the Project under CEQA, and the Commission has reviewed and considered the information in the Final EIR prior to the adoption by the Commission of an amendment to the Uptown Project Plan reinstating the Agency's eminent domain power in the Uptown Project Area, and prior to the adoption by the Commission of an amendment to the Central City North Project Plan reinstating the Agency's eminent domain power in the CCN Project Area as well as the related rescission of the special land development regulations and the reinstatement of the Central City North Redevelopment Plan to conform to current City General Plan, zoning and development regulations and current day provisions of Community Redevelopment Law relocation and affordable housing standards. The Commission has adopted Facts and Findings and a Statement of Overriding Considerations as part of its certification of the Final EIR and approval and adoption of the Mitigation Monitoring 23 Plan for the Project. 24 Section 4. The Commission hereby finds that: (1) the Final EIR has identified all significant environmental effects of the Project, including the potential development of the Mercado Santa Fe Project. -7- P:\Afnd~IlM\lM-81-19UpIoWaCCNEa..CDCReto.doe C I 2 3 4 5 6 7 8 9 10 11 12 o C 25 (2) the Final EIR identifies certain significant environmental effects that would result but which significant effects can be mitigated to a level of less than significant provided that the applicants and owners of land who may undertake the development of the Mercado Santa Fe Project (if it occurs), and other future development within the portion of Uptown Subarea B affected by General Plan Amendment No. 02-04 (if such development occurs) undertake feasible environmental impact mitigation measures as set forth in the Mitigation Monitoring Plan for the Final EIR to reduce or eliminate such potential impacts to a level which is less than significant. The Mitigation Monitoring Plan and all information contained therein is included in the Final EIR and incorporated herein by reference. The basis on which the Commission fmds that such potentially significant environmental effects of the Project have been or shall be mitigated to a level which is less than significant is set forth in the Facts and Findings and Statement of Overriding Considerations of the Project. The Facts and Findings and Statement of Overriding Considerations for the Project is attached as Attachment "A" and 13 incorporated in this Resolution by this reference. 14 15 (3) the Final EIR concludes that despite the implementation of feasible mitigation measures to lessen the potential impact of certain effects of the Project on the environment, that in three (3) areas of environmental concern under CEQA, the potential effects on the environment of the Project cannot be fully mitigated or reduced to a level which is less than 16 17 18 significant. These areas are identified as follows; 19 (i) temporary construction activities of the Mercado Santa Fe Project (dust and 20 construction vehicle exhaust) - although the Final EIR sets forth mitigation measures which are 21 estimated to reduce the potential impacts by 50% the remaining effect, even after the implementation of the feasible mitigation measures identified in the Final EIR is still significant in the case of temporary construction activity impacts of the Mercado Santa Fe Project in Uptown Subarea B; 22 23 24 /II -8- P:\ApllcIaI\IlaolIIItio.I\ResoIud-u0G4\14-07_19 UptP'II CCN EIIv CDC Rao.doe c 7 8 9 10 11 12 0 13 14 15 16 17 18 19 20 21 22 23 24 C 25 1 (ii) the Long-Term Regional Air Quality Impacts or the air emissions (stationary 2 source plus mobile/traffic source) of the Mercado Santa Fe Project and General Plan 3 Amendment No. 04-02 are forecast in the Final EIR exceed the thresholds for significant effect 4 established by the SCAQMD. However, there are no mitigation measures currently available to 5 reduce emissions from mobile sources, and as a consequence, the long-term air quality impacts 6 of the Project remain significant and unavoidable; (iii) Year 2008 Freeway Segment Conditions and Year 2025 Freeway Segment Conditions are both indicated in the Final EIR to be operating at unsatisfactory conditions, and the Project will contribute to such adverse conditions in the year 2008 and in the Year 2025 under the traffic impact generation models considered in the Final EIR. Although certain mitigation measures could be implemented in the case of the freeway segment conditions to improve the operation of the freeway segments to an acceptable level of serve (or a non- significant impact on the environment for both 2008 and 2025), the mitigation measures identified in the Final EIR are not within the jurisdiction of the Commission to implement. , Caltrans has jurisdiction for providing for capital improvements to the indicated freeway segments, and at the present time Caltrans has not formulated any mechanism for proponents of the Project (in particular the Mercado Santa Fe Project and the owners of land benefited by General Plan Amendment No. 04-02) to pay fees or make other fair share contributions to improve mainline freeway segments to so eliminate the adverse impact of the development of such land on the operation of the freeway segments. Potential mitigation measures or other project alternatives relating to the three (3) unavoidable significant impacts of the Project as generally identified in this Section IV.E., were not incorporated into or adopted as part of the Project, as the mitigation of these impacts is regarded as infeasible and not economically or socially viable based on specific economic, social, or other considerations as set forth in the Facts and Findings and Statement of Overriding Considerations. -9- P:~tIou\ReIoIIIlIo...uoo.NM-l7.1' Uptowli CCN EIIv coc ReM.doe 0 1 2 3 4 5 6 7 8 9 10 (4) the Commission has given great weight to the significant unavoidable adverse environmental impacts of the Project. Nevertheless, for the reasons set forth in the Facts and 11 Findings and Statement of Overriding Considerations the Commission hereby finds and determines that the significant unavoidable adverse impacts of the Project are clearly outWeighed by the elimination of blight which affects each of the redevelopment project areas and the economic, social, cultural and other benefits to the community which shall be realized by the Project, including the potential development of the Mercado Santa Fe Project, the ,redevelopment of the lands affected by General Plan Amendment No. 04-02, as set forth in the Facts and Findings and Statement of Overriding Considerations, which is hereby adopted and approved by the Commission as the responsible agency under CEQA for implementing certain aspects of the Project. (5) the fmdings contained in the Facts and Findings and Statement of Overriding 12 Considerations with respect to the significant environmental impacts of the Project identified in C 13 the Final EIR are true and correct, and are based upon substantial evidence in the record, 14 18 19 20 21 22 23 24 0 25 including documents comprising the Final EIR. 15 (6) the Final EIR, Mitigation Monitoring Plan, and the Facts and Findings and 16 Statement of Overriding Considerations reflect the independent review, analysis and judgment 17 of the Agency and the Commission. Section 5. The Facts and Findings and Statement of Overriding Considerations are approved and adopted; the Final Program Environmental hnpact Report is certified; and the Mitigation Monitoring Plan is approved and adopted. Furthermore, pursuant to CEQA Guidelines Section 15097 the Commission ensures that the Agency shall comply with the requirements of the Mitigation and Monitoring Program, including the submission of any necessary reports during (i) all condemnation proceedings initiated by the Agency on land lying within the CCN Project Area or the Uptown Project Area; (ii) the construction of the Mercado Santa Fe Project if assistance is granted by the Agency; and, (iii) any redevelopment -10- P:~\ItaeIlatio8l\2OO4\04-l.1'UptenCCNEIIVCDCRao.cIoc c 1 project lying within the land affected by General Plan Amendment No. 04-02 to which the 2 Agency grants assistance. 3 Section 6. The Executive Director of the Agency is hereby directed, in cooperation 4 with the City Planning Division, to file a Notice of Determination with the County of San Bernardino Clerk of the Board of Supervisors certifYing the Commission's compliance, as a responsible agency under CEQA in reviewing and approving the Final Program Environmental Impact Report for the Project, including the adoption of the Facts and Findings and Statement of Overriding Considerations and the approval of the Mitigation Monitoring Plan. A copy of such Notice of Determination shall be forwarded to the State Clearinghouse. The Resolution shall become effective immediately upon its adoption. 5 6 7 8 9 Section 7. 10 III 11 III 12 III C 13 III 14 III 15 III 16 11/ 17 1/1 18 1/1 19 III 20 1/1 21 11/ 22 11/ 23 1/1 24 1/1 C 25 1/1 -11- P:\ApadaI\RaobldolU\Jlelolgde..u:004\G4-87~1' UptoWII CCN I.v CDC ReIo.dec: c 13 C 14 25 C 1 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AS A RESPONSmLE AGENCY UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS, AND MAKING FINDINGS THAT A FINAL PROGRAM ENVIRONMENTAL IMPACT REPORT, AND THE MITIGATION MONITORING PLAN FOR THE REINSTATEMENT OF EMINENT DOMAIN POWERS IN THE REDEVELOPMENT PROJECT AREAS OF THE UPTOWN REDEVELOPMENT PROJECT AND THE CENTRAL CITY NORTH REDEVELOPMENT PROJECT FULLY AND ADEQUATELY ADDRESS THE POTENTIAL ENVIRONMENTAL EFFECTS OF THE APPROVAL BY THE COMMISSION OF SUCH REDEVELOPMENT PLAN AMENDMENTS 2 3 4 5 6 7 8 9 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Conununity Development Conunission of the City of San Bernardino at a 10 meeting 11 thereof, held on the , 2004, by the following vote to wit: day of Aves 12 Conunission Members: Navs Abstain Absent ESTRADA WNGVILLE MCGINNIS 15 DERRY 16 KELLEY 17 JOHNSON 18 MC CAMMACK 19 Secretary 20 The foregoing resolution is hereby approved this day of .2004. 21 22 Judith Valles, Chairperson Conununity Development Conunission of the City of San Bernardino 23 Approved as to form and Legal Content: 24 By: Agency Counsel -12- P:\Ac_u\RetohIde.l\ReIoIati0asU0CW\CU.87.19 Uptewa CCN bv CDC Raa.dK o c c ATTACHMENT "A" Community Development Commission of the City of San Bernardino as a Responsible Agency under the California Environmental Quality Act Facts and Findings and Statement of Overriding Considerations for the Final Environmental Impact Report for the Uptown/Central City North Redevelopment Project Area 2004 Eminent Domain Amendments (State Clearinghouse #2003031072) I. INTRODUCTION The Community Development Commission of the City of San Bernardino (the "Commission") as a responsible agency under the California Enviromnental Quality Act in approving and certifying the Final Program EnviromnentaI hnpact Report adopted by the Mayor and Common Council of the City of San Bernardino (the "Common Council") (the "Final EIR") for the Uptown/Central City North Redevelopment Project Area 2004 Eminent Domain Amendments presents the facts and makes the findings described below and adopts the Statement of Overriding Considerations presented at the end of these Facts and Findings. The "Project" under consideration for purposes of the Commission's discretionary action is: The reinstatement of the powers of erninent domain in the two (2) red;evelopment project areas and the associated redevelopment activities described below for purposes of compliance with CEQA, where the elements of the Project included the following: . reinstatement of the Redevelopment Agency of the City of San Bernardino's (the "Agency") power of eminent domain to acquire land in the Uptown Project Area and the Central City North ("CCN") Project Area (this reinstated power of eminent domain to be accomplished by written amendment to the text of each redevelopment plan); . rescission of special and development regulations contained in the Redevelopment Plan for the CCN Redevelopment Project and the amendment of this redevelopment plan to conform to current Community Redevelopment Law relating to relocation and affordable housing and to require that all new development in the CCN Project Area conform with the City's General Plan, zoning and development regulations currently in effect (the rescission of such special development regulations to be accomplished by a restatement of certain provisions of the Redevelopment Plan for the CCN Redevelopment Project to conform with the City's General Plan, zoning and development regulations currently in effect); and . a General Plan Amendment affecting approximately 19.02 acres within a portion of Subarea B of CCN Uptown Project Area (bounded by 3rd and 2nd Streets and between "K" Street and 1-215) from "IL" (Light Industrial) to "CG-l" (General Commercial) and the General Plan Amendment is identified as General Plan Amendment No. 04-02; . analysis of the Mercado Santa Fe Project within Subarea B of the Uptown Project Area, proposed for 9.2 acres south of 3rd Street. For the purpose of CEQA analysis, the proposed retail development concept assumes approximately 96,241 square feet of retail 1 P:\Agc:ndas\Conm DevCommissioo\CDC 2004\04-01-19 Uptown CCN Statement ofOvenidirlg ConsidlntiollS.doe o o c use and is based on on-site vehicle parking standard of 4 spaces for 1,000 square feet of retail use, the proposed use requires a rninimum of 385 on-site vehicle parking spaces. The Mercado Santa Fe Project as proposed provides approximately 440 parking spaces. Collectively, the potential enviroumental effects of the elements of the proposed redevelopment and related activities for the purposes of the indicated analysis under the California Environmental Quality Act ("CEQA"), is described in this Resolution as the "Project". II. PROJECT SUMMARY A. PROJECT DESCRIPTION The Project includes the following elements: . reinstatement of the Agency's power of eminent domain to acquire land in the Uptown Project Area and the CCN Project Area (this reinstated power of eminent domain to be accomplished by written amendment to the text of each redevelopment plan); . rescission of special and development regulations contained in the Redevelopment Plan for the CCN Redevelopment Project and the amendment of this redevelopment plan to conform to current Community Redevelopment Law relating to relocation and affordable housing and to require that all new development in the CCN Project Area conform with the City's General Plan, zoning and development regulations currently in effect (the rescission of such special development regulations to be accomplished by a restatement of certain provisions of the Redevelopment Plan for the CCN Redevelopment Project to conform with the City's General Plan, zoning and development regulations currently in effect); . General Plan Amendment No. 04-02 affecting approximately 19.02 acres within a portion of Subarea B of Uptown Project Area (bounded by 3rd and 2nd Streets and between "K" Street and 1-215) from "IL" (Light Industrial) to "CG-l" (General Commercial; and . analysis of the Mercado Santa Fe Project within Subarea B of the Uptown Project Area. This development is proposed for 9.2 acres south of 3rd Street and is commonly referred to as the Mercado Santa Fe. The Project affects three (3) areas located in the central portion of the City. The Uptown Project Area includes two (2) of these areas which are referred to as Uptown Subarea A and Uptown Subarea B. Uptown Subarea A is located along Highland Avenue and Baseline Street from Interstate 215 (1-215) on the west to Waterman Avenue on the east and along "E" Street from Highland Avenue on the north to Eighth Street on the south. Uptown Subarea A includes approximately 348 acres of land. Uptown Subarea B is bounded by the Santa Fe Railroad yard to the north, Rialto Avenue and King Street on the south, 1-215 on the east, and Mount Vemon on the west. Uptown Subarea B includes approximately 84 acres of land. The CCN Project Area is bounded by Eighth Street on the north, Fourth and Court Streets on the south, Arrowhead 2 P:~DevConmisaioa\CDC 2004\04-07-19 Uptown COl Statement ofOvariding Considendioos.doc o o c Avenue on the east, and 1-215 on the west. The CCN Project Area includes approximately 278 acres ofland. B. PROJECT OBJECTIVES The objective of the Project is to sustain the redevelopment programs and goals of two (2) established redevelopment plans of the Agency: (i) the Redevelopment Plan for the CCN Redevelopment Project; and (ii) the Redevelopment Plan for the Uptown Redevelopment Project. The goals of these two (2) redevelopment plans are summarized at Final EIR (D) 3-6 through 3-7. The reinstatement of the power of eminent domain will promote the efforts of the Agency to eliminate and prevent the spread of blight by further enhancing the Agency's ability to promote redevelopment in both Project Areas by attracting public and private development. Further, the reinstatement of the power of eminent domain in the case of the Uptown Redevelopment Project may result in a specific redevelopment implementation activity being able to move forward in Uptown Subarea B, (i.e., the Mercado Santa Fe Project). In addition, the City is also proposing an amendment to the land use element of the General Plan, affecting an approximately 19 acre portion of Uptown Subarea B in order to encourage and foster economic reuse and redevelopment of this area in light of current conditions, and the proposed freeway improvement of nearby segments ofI-215. Apart from the potential redevelopment of the Mercado Santa Fe Project, currently no other redevelopment implementation activities are planned at the time of certification of the Final EIR in either the Uptown Project Area or in the CCN Project Area which may require the use by the Agency of the power of eminent domain as part of the land assembly program to assist either an owner participant or a third party developer to redevelop blighted areas within either Project Area. However, the reinstatement of the power of eminent domain will enable the Agency, to promote further redevelopment by giving the Agency (and ultimately a third party developer/owner participant) a greater ability to acquire property for the effective redevelopment and elimination of blight within these two Project Areas. ID. ENVIRONMENTAL REVIEW AND PUBLIC PARTICIPATION The City conducted the environmental review of the Project as follows: . an initial study was prepared for the proposed project in March 2003 and based upon this March 2003 initial study it was determined that preparation of an environmental impact report for the proposed Project was indicated; . a notice of preparation for an environmental impact report for the proposed Project was prepared and circulated to the State Clearinghouse, responsible agencies and other interested persons on March 14,2003; . subsequent to the close of the comment period on April 14, 2003, for the March 14,2003 notice of preparation, the City refined the original initial study for the proposed Project 3 P:\Agendall\Comm Dev Comnission\COC 2004\04-07.19 Uptown CCN Stakmcat ofOvmiding Consideodioas.doc o o c and the City redistributed an updated and revised hritial Study and Notice of Preparation to the State Clearinghouse, responsible agencies and interested persons for a second 30- day comment period for the environmental impact report from February 18, 2004 to March 18, 2004. . a public scoping meeting was held on March 26, 2004, to give the public the opportunity to provide comments as related to the proposed Project and the issues the public would like addressed in the Draft EIR. . a Draft EIR was distributed for public review on April 8, 2004, for the 45-day review period with the review period ending on May 24, 2004. Four comment letters were received before the close of the public review period. The specific responses to the written comments are in the Final EIR: 3-1 through 3-14. . the Final EIR was distributed for a 10-day notification period beginning on June 15, 2004. . on June 22, 2004, the City Planning Commission held a noticed public hearing on the Proj ect. . on July 19, 2004, the Common Council conducted a noticed joint public hearing with the Commission to consider the approval of an Amendment to the Redevelopment Plan for the Uptown Redevelopment Project (Reinstatement of Eminent Domain) of an Amended and Restated Redevelopment Plan for the Central City North Redevelopment Project and certified the Final EIR. A. INDEPENDENT JUDGMENT FINDING The City retained LSA Associates, Inc., to assist with the preparation of the Draft EIR and Final EIR. The Draft EIR and the Final EIR were prepared under the direction and supervision of the City, Development Services Department, Planning Division. The Final EIR includes the documents, reports, technical appendices, correspondence, notices, minutes of public scoping meetings and related materials described in Final EIR 1-1. The Final EIR is on file with the City Clerk and is available for inspection and copying as a public record of the City by interested persons during the regular business hours of the City Clerk. The Agency participated and cooperated with the City in the review and commenting process during the EIR preparation. Finding: The Final EIR reflects the Commission's independent judgment and analysis. The Commission has considered the contents of the Final EIR prior to the approval of the Project. The Commission has exercised its independent judgment in reviewing and considering the contents of the Final EIR in accordance with CEQA Guidelines Section 15096(d). B. FINDINGS ON THE FINAL EIR Finding: The Commission hereby declares that the Final EIR has identified and discussed significant effects which may occur as a result of the Project. With the implementation of the 4 P:\Agc:ndas\Conm Dev Commission\CDC 2004\04-07-191Jplown CCN Statement ofOvcnid.ing Considcralions.OOc () o c mitigation measures" discussed in the Final ErR, these effects can be mitigated to a level of less than significance as set forth in Section ill.F. However, there are certain other significant effects which either CatUlot be fully mitigated or for which no feasible or practical mitigation currently exist, and these unavoidable significant impacts are discussed in Section ill.G of these Findings. C. GENERAL FINDING ON MITIGATION MEASURES The Commission has reviewed the mitigation measures applicable to the Project set forth in the Mitigation Monitoring Plan and adopted by the City, as the "lead agency". Findings: The Commission hereby finds that the mitigation measures summarized in the Mitigation Monitoring Plan shall reduce all potential significant impacts of the Project to a level of less than significant, except as set forth in Section ill.G. The Commission hereby adopts all mitigation measures recommended in the Final EIR. The Commission hereby adopts the Mitigation Monitoring Plan for the Project in the form as submitted to the Commission at the joint public hearings when the Final EIR was considered. If a mitigation measure identified in the Final EIR has, through error, been omitted from the Mitigation Monitoring Plan from these Findings, or that measure is not specifically reflected in these Findings, that mitigation measure shall be deemed to be adopted pursuant to this paragraph. D. ENVIRONMENTAL IMPACTS AND FINDINGS The detailed analysis of potential environmental impacts and proposed mitigation measures for the Project presented in Final EIR: (D)l-l through 1-5 and 4.1 through 4.6, inclusive. Responses to comments and any revisions or omissions to the Draft EIR are provided in the Final EIR: 3-1 through 3-14. The Final EIR evaluated two (2) major environmental categories (transportation/circulation and air quality) for potential significant adverse impacts, including cumulative impacts. Both project-specific and cumulative impacts were evaluated. Of these two (2) environmental categories, the Commission concurs with the conclusions in the Final EIR that with respect to all except the issues considered in Section ill.G., that all of the other issues and sub-issues discussed in these Findings can be mitigated below a significant impact threshold and for those issues which CatUlot be mitigated below a level of significance (See Section ill.G.), overriding considerations exist which make impacts acceptable. In addition to the two (2) major environmental categories addressed in the Final ErR, four (4) other major categories were found to be non-significant in the Initial Study prepared by the Project. The Commission concurs with the conclusions on these categories as outlined in the Initial Study (Appendix A of the Draft EIR) and finds that no significant impacts have been identified as to those categories identified in the Initial Study and no further analysis is required. E. IMPACTS IDENTIFIED IN THE FINAL EIR AS LESS THAN SIGNIFICANT REQUIRING NO MITIGATION Certain effects for the Project were found not to be significant and were identified as such in the initial study for the Project. The basis on which the effects of the Project found to be less than potentially significant were set forth in summary in the Final EIR. These less than potentially 5 P;\Agendu\CommOl:vCoJrmission\COC 2004\04-07-19 Uprown CCN Statement ofOveniding Collsidcrations.lkx: o significant effects of the Project are the following the reasons set forth in the Final EIR: (D)2-5 through 2-14: Agricultural Resources; Biological Resources; Energy and Mineral Resources; Hazards; Hydrology/W ater Resources; Population and Housing; Public Services Public Utilities; and Recreation The following issues were identified in the Initial Study (Appendix A of the Draft EIR) as having the potential to cause significant impact and were carried forward to the Final EIR for detailed evaluation. These issues were found, either on the basis of further analysis in the Final EIR or because the identified impacts have been fully mitigated, as having no potential to cause significant impact and therefore require no project-specific mitigation. Each resource issue is identified and the potential for significant adverse environmental effects is discussed below: Aesthetics o Any project initiated within the Uptown and CCN Project Areas would be subject to City- mandated development standards relative to the design, construction, and maintenance of structures, parking areas, landscaping, and site amenities. New development within the project areas adhering to City-mandated design standards may result in the construction and operation of uses that contrast with the existing scale, pattern, and aesthetic character of adjacent development. Because of the deteriorated aesthetic character currently exhibited within the Uptown and CCN Project Areas, and because any future development that may occur will be required to adhere to current City design and development standards, no significant adverse aesthetic impacts would result from either the proposed reinstatement of eminent domain or the implementation of the proposed General Plan Amendment 04-02. The planned future Mercado Santa Fe Project proposes demolition of several existing residential and commercial uses within a portion of Subarea B of the Uptown Project Area. The future construction of a retail-commercial center and the installation of public amenities and infrastructure improvements will alter the existing character of the site. The proposed retail- commercial project will be required to adhere to applicable City-mandated design guidelines and development standards. The proposed future development of the Mercado Santa Fe Project per applicable City standards would eliminate blighted conditions that are present on site, generally improving the aesthetic character of the site. Therefore, no significant adverse aesthetic impacts are anticipated to result from the development of the proposed future Mercado Santa Fe project. C Lighting 6 ':\AgendaI\ComnI Dev Conmission\CDC 2004\04-01.19 Uptovm CC" Statcmmt ofOvt:rridinj; Considc:ratkms.doe o c c The location, amount, intensity, or direction of existing lighting sources would not be directly or immediately affected by the reinstatement of eminent domain or implementation of the proposed General Plan Amendment 04-02. AB redevelopment occurs within the Uptown and CCN Project Areas, alterations to the existing lighting environment may occur. Development of the proposed future Mercado Santa Fe Project will result in the construction and operation of retail- commercial uses and may alter the amount, intensity, and/or location oflighting. The installation/operation of new lighting sources within the Uptown and CCN Project Areas would be required to adhere to the standards in the City's General Plan and the Development Code. These standards address the effect of lighting and glare and require that no new sources of light or glare be visible beyond parcel boundaries. Thus, no adverse effects would occur on neighboring properties and potentially light- sensitive uses. Furthermore, the standards require such measures as security lighting at entrances and exits to new developments, which may prove beneficial to neighboring properties. Because the design, installation, and operation of lighting sources are governed by established standards, and because adherence to such standards is required of all new development, no potentially adverse lighting impact will result from the implementation of any component of the proposed Project at this level of analysis. Cultural Resources The reinstatement of eminent domain and the proposed General Plan Amendment 04-02 will not result in direct physical changes to existing structures other than those located on the proposed retail site, which are addressed in this analysis. Redevelopment activities within the Uptown and CCN Project Areas will, however, be enabled by these actions and will occur when and where market conditions and the development and redevelopment climate are favorable. Any subsequent development activities will be required to adhere to applicable City, State, and federal regulations governing projects that may impact (either directly or indirectly) the integrity of an identified historic structure, object, site, or landmark. Subsequent project-specific historic/cultural resource investigations will be required for future development projects; consequently, no significant impacts would result from these actions. Anticipated future development of the retail center on the Mercado Santa Fe Project site will, however, necessitate . the demolition of ten (10) structures, including three (3) residential structures, three (3) active commercial structures, and four (4) abandoned structures that formerly housed or supported commercial uses. In snmmary, visual inspection and historical research of the proposed retail project site demonstrated the presence of single- and multi-family domestic residences of Euro-American blue-collar and middle-class residents. The residences were constructed over a succession of years from about 1905 through the 1910s, and were occupied by successions of individuals and families. The commercial properties were constructed in the 1950s. AB none appear eligible for listing on the California Register, the demolition of the residences and the commercial buildings is not considered an adverse effect under CEQA guidelines. The anticipated Mercado Santa Fe Project retail center development will have no adverse effect on any potential historic properties on-site or in the immediate area. F. POTENTIALLY SIGNIFICANT IMPACTS WHICH CAN BE MITIGATED BELOW A LEVEL OF SIGNIFICANCE AND MITIGATION MEASURES 7 P:\ApDdas\Comm Dev Conmisrioa\CDC 2004\04-01-19 Uptown CCN Stalemcnt ofOveniding Considerations.doc o c c Public Resources Code Section 21081 states that no public agency shall approve or carry out a project for which an environmental impact report has been completed, which identifies one or more significant effects, unless the public agency makes one or more of the following findings: 1. Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment. 2. Those changes or alterations are within the responsibility and jurisdiction of another public agency and have been, or can and should be, adopted by that other agency. 3. Specific economic, legal, social, technological, or other considerations, make infeasible the mitigation measures or alternatives identified in the Final ElR. The following issues from the environmental categories analyzed by the Final ElR were found to be potentially significant, but can be mitigated to a less than significant level, with the imposition of mitigation measures: . Air Quality, . Traffic and Circulation, . Cultural Resources and, . Noise. The Commission finds that all potentially significant impacts of the Project listed below can and will be mitigated, reduced or avoided by imposition of the mitigation measures set forth in the Final ElR and the Mitigation Monitoring Plan. Specific findings of the Commission for each category of such impacts are set forth in detail below: The Commission hereby finds, pursuant to Section 21081 that the following potential environmental impacts can and will be mitigated to below a level of significance, based upon the implementation of the mitigation measures set forth in the Final ElR: AIR QUALITY The development assumptions of the Project are set forth in Final ElR (0) Table 3.A. These development assumptions produce certain affects on Air Quality under the guidelines set forth by the South Coast Air Quality Management District ("SCAQMD"). These SCAQMD guidelines were applied to the assessment of Air Quality impacts of the Project. Essentially, these development impacts are associated with the amendment to the land use element of the General Plan and the Mercado Santa Fe Project. The analysis conducted in the Fiual ElR (Final ElR (0) 4.2-1 through 4.2-18) indicates that the Project will not have an adverse environmental effect on two (2) elements of Air Quality. These two (2) elements are referred to as "Architectural Coatings in Construction Activities" and "Long-Term Microscale (CO Hotspots) Impacts." However, the analysis of two (2) other 8 P:\AgeQdas\Comm Dev Cotmtission\COC 2004\04-07-19 UptOwn CCN SWcmcnI ofOvariding ConsMimltions.doc o o c elements of Air Quality in the Final EIR (Final EIR (D) 4.2-18 through 4.2-22) indicate that the Project will have certain unavoidable adverse impacts even after the implementation of mitigation measures. These two (2) elements are identified in the Final EIR as "Construction Impacts" (construction equipment exhaust and dust) and "Long-Term Regional Air Quality Impacts" (vehicle traffic effects on air quality). Air Quality/Construction Impacts (SEE ALSO SECTION m.G. SIGNIFICANT AND UNAVOIDABLE): According to the Final EIR the short-term construction impacts associated with the Mercado Santa Fe Project can be reduced if mitigation measures are implemented. However, even with the implementation of the mitigation measures identified in the Final EIR, short-term adverse effects on sensitive receptors during the course of construction of the Mercado Santa Fe Project will remain significant and unavoidable. Findings: The Commission hereby finds that the following mitigation measures shall substantially reduce the adverse effects of the short-term construction improvements, but not reduce them to a level of insignificance. All construction activities undertaken as a result of the Project shall be required to comply with regional rules that assist in reducing short-term air pollutant emissions. SCAQMD Rule 403 requires that fugitive dust be controlled with best available control measures so that the presence of such dust does not remain visible in the atmosphere beyond the property line of the emission source. In addition, SCAQMD Rule 402 requires implementation of dust suppression techniques to prevent fugitive dust from creating a nuisance off site. Applicable dust suppression techniques from Rule 403 are sununarized below. Implementation of these dust suppression techniques can reduce the fugitive dust generation (and thus the PMI0 component). Rule 403 Measures applicable to the proposed actions include: . apply nontoxic chemical soil stabilizers according to manufacturers' specifications to all inactive construction areas (previously graded areas inactive for 10 days or more); . water active sites at least twice daily. (Locations where grading is to occur will be thoroughly watered prior ~o earthmoving); . all trucks hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least two (2) feet of freeboard in accordance with the requirements of California Vehicle Code (CVe) Section 23114 (freeboard means vertical space between the top of the load and top of the trailer); . pave construction access roads at least 100 feet onto the site from the main road; and . traffic speeds on all unpaved roads shall be reduced to 15 mph or less. In addition to Rule 403 measures, the following measures shall apply to the proposed actions: 9 P:\Agendat\Cotm1 Dev CommisSion\CDC 2004\04-07-19 Uptown CCN SWement ofOvcnidiRI Considcntions.doc o o c . disturbed areas shall be (re)vegetated as quickly as possible; . all excavating and grading operations shall be suspended when wind speeds (as instantaneous gusts) exceed 25 mph; . all streets shall be swept once per day if visible soil materials are carried to adjacent streets (recommend water sweepers with reclaimed water); . wheel washers shall be installed where vehicles enter and exit unpaved roads onto paved roads; and . the area disturbed by clearing, grading, earthmoving, or excavation operations shall be minimized at all times. The construction contractor shall select the construction equipment used on site based on low emission factors and high energy efficiency. The construction contractor shall ensure that construction grading plans include a statement that all construction equipment will be tuned and maintained in accordance with the manufacturer's specifications. The construction contractor shall utilize electric or diesel powered equipment in lieu of gasoline powered engines where feasible. The construction contractor shall ensure that construction grading plans include a statement that work crews will shut off equipment when not in use. During smog season (May through October) the overall length of the construction period will be extended, thereby decreasing the size of the area prepared each day, to minimize vehicles and equipment operating at the same tim. . e. The construction contractor shall time the construction activities so as to not interfere with peak hour traffic and minimize obstruction of through traffic lanes adjacent to the site; if necessary, a flagperson shall be retained to maintain safety adjacent to existing roadways. The construction contractor shall support and encourage ridesharing and transit incentives for the construction crew. Air QualitylLong- Term Regional Air Quality Impacts (SEE ALSO SECTION m.G. SIGNIFICANT AND UNAVOIDABLE): Long-term air emissions are those associated with stationary sources and mobile sources. The Final EIR forecasts the potential effect on long-term air emissions of the Mercado Santa Fe Project and the new development potential associated with the amendment to the land use elements of the General Plan. The Final EIR assumes that 21,419 daily vehicle traffic trips will be generated as a result of such development in calendar year 2008 (Final EIR (D) 4.2-21 through 4.2-22 and Final EIR (D) Table 4.2.1). 10 P:\AgePdas\Comn Dtv ComrnissioD\CDC 2004\04-07-19 Uptown CCN Statemcrat ofOvcniding Considerations.doc o c c In light of the emissions produced by these new vehicle trips and the related stationary source air emissions of the completed project, the Final EIR reports that emissions of carbon dioxide, reactive organic compounds, nitrogen dioxide and visibility reducing particles (PMIO) will exceed the thresholds set by SCAQMD for these pollutants. Findings: The Final EIR notes that no measures are available to reduce emissions from mobile sources (vehicle trips) and that it is mobile source emission which is the primary source of long- term air quality impacts associated with the Project. The Commission hereby concurs with this finding. CULTURAL RESOURCES Findings: The Commission hereby fmds that adherence to the following mitigation measures shall reduce the potential adverse effects on cultural resources to a level of insignificance: In the event construction activities expose a cultural or archaeological resource, a qualifieli archaeologist shall be notified to ascertain the significance of the find. The qualified archaeologist shall be empowered to halt or divert earthmoving activities in the vicinity of the find to allow for the adequate (as determined by the City, State, or other responsible entity) recordation and/or recovery of the fmd. If human remains are encountered, Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the County Coroner has made a determination of origin and disposition pursuant to Public Resources Code Section 5097.98. The County Coroner must be notified of the find immediately. If the remains are determined to be prehistoric, the Coroner will notify the Native American Heritage Commission (NARC), which will determine and notify a Most Likely Descendent (MLD). With the permission of the landowner or hislher authorized representative, the descendent may inspect the site of the discovery. The descendent shall complete the inspection within 24 hours of notification by the NARC. The MLD may recommend scientific removal and nondestructive analysis of human remains and items associated with Native American burials. NOISE The Commission hereby finds that the following mitigation measures shall substantially reduce potentially significant noise impacts from short-term construction operations, but not reduce them to a level of insignificance: During all project site excavation and grading on-site, the project contractors shall equip all construction equipment, fixed or mobile, with properly operating and maintained mufflers consistent with manufacturer's standards. The project contractor shall place all stationary construction equipment so that emitted noise is directed away from sensitive receptors nearest the project site. 11 P:\AgeDdas\Comm Dev Commission\CDC 2004\04-07-19 Uptown CO{ Statement orOvatiding Considerations.doc o o c The construction contractor shall locate equipment staging in areas that will create the greatest distance between construction-related noise sources and noise-sensitive receptors nearest the project site during all project construction. During all project site construction, the construction contractor shall limit all construction-related activities that would result in high noise levels to between the hours of 7:00 a.m. to 7:00 p.m. on weekdays. Only limited construction that would not affect adjacent sensitive uses is permitted on Sundays and government holidays. Finding: The Commission hereby finds that the following mitigation measures shall reduce potentially significant noise impacts from long-term construction operations to a level of insignificance: An air-conditioning system for all cornmerciaVoffice buildings will be required in any location impacted by traffic noise levels exceeding 57 dBA CNEL. TRANSPORTATION AND CIRCULATION Finding: The Commission hereby finds that the following mitigation measures shall reduce potentially significant traffic impacts to a level of insignificance: Prior to issuance of certificates of occupancy, the project proponent shall install a traffic signal at the "L" Street! Second Street intersection. Prior to issuance of certificates of occupancy, the Project proponent shall install a traffic signal at the "]" Street! Second Street intersection. Finding: The Commission hereby finds that implementation of the following mitigation measures relating to intersection improvements for year 2025 with project conditions, the minimum level of service standards are maintained at study area intersections where a significant Project impact is identified, thereby reducing the impact to a less than significant level: The Project shall make a fair share contribution to the following mitigation measures: Station W ay/Giavanola Avenue! Second Street - Installation of a traffic signal. "L" Street!Second Street - Installation of a traffic signal. "K" Streetllbird Street - Addition of one westbound through lane. "J" Street! Second Street - Installation of a traffic signal. 1-215 Southbound On-Ramp/Second Street - Restripe southbound approach as one dedicated left turn lane, one shared through!left turn lane, and one right turn lane. 12 P;\Agcndas\Co1DD Dev Commissicm\CDC 2004\04-07-19 Uptown CCN Statem=nt ofOvcrriding Considerations,doc c c c G. IMPACTS ANALYZED IN THE FINAL EIR AND DETERMINED TO BE SIGNIFICANT AND UNAVOIDABLE With the implementation of all available and feasible mitigation measures recommended in the Final EIR, the following adverse impacts of the proposed project stated below are considered to be significant and unavoidable, both individually and cumulatively, based upon information in the Final EIR, in the record, and based upon testimony provided during the public hearings on this Project. These impacts are considered significant and unavoidable despite the mitigation measures which are imposed and which will reduce impacts to the extent feasible: Both short-term construction-related impacts and long-term vehicular air quality impacts have been identified as significant and unavoidable even with implementation of mitigation measures. Air Quality Construction Emissions (Fugitive Dust/Construction Equipment Exhaust). While compliance with the standard control measures will reduce by half the emissions of fugitive dust, these emissions as emission of nitrous oxides (NOX) or exhaust from construction equipment, will remain above thresholds established by the South Coast Air Quality Management District; therefore, impacts resulting from the development of the Mercado Santa Fe Project will remain significant and unavoidable. The Counnission hereby concurs with this finding. Long-Term Regional Air Quality Impacts. Most of the Project's long-term air quality impacts are generated by vehicle emissions. No mitigation measures are available to substantially reduce long-term air quality impacts of the Project. Therefore, impacts remain significant and unavoidable. The Commission hereby concurs with this finding. Traffic Year 2008 with Project Freeway Conditions. All freeway segments examined on Interstate 10 (1-10) and 1-215 are projected to operate below acceptable levels of service. There are no feasible mitigation measures for these impacts; thus, they remain significant and unavoidable. The Counnission hereby concurs with this finding. Year 2025 with Project Freeway Conditions. All freeway segments examined on the 1-10, 1- 215, State Route 259 (SR-259), and State Route 30 (SR-30) are projected to operate below acceptable levels of service. There are no feasible mitigation measures for these impacts; thus, they remain significant and unavoidable. The Commission hereby concurs with this finding. Finding: The Counnission concurs with the conclusion of the EIR that there is no feasible way of assuring funding of the following specific mainline freeway improvements, and that accordingly the adverse impacts from the Project to existing "Below Level of Service Threshold" operations of these freeway segments will be significant and unavoidable: 1-10 - 1-215 to Waterman Avenue: Addition of one eastbound mixed-flow lane and one High Occupancy Vehicle (HOV) lane, and one westbound HOV lane. 13 P:\Agmdas\Comn Dev Commission\CDC 2Q04\04-07-19 Uptown CCN Statcmcot ofOvuriding Coasidcntions.doc o o c 1-215 - Mt. Vernon Avenue to Orange Show Road: Addition of one northbound mixed- flow lane, one northbound HOV lane, one southbound mixed-flow lane, and one southbound HOV lane. 1-215 - Orange Show Road to Inland Center Drive: Addition of one northbound mixed- flow lane, one northbound HOV lane, and one southbound HOV lane. 1-215 - Inland Center Drive to Second Street: Addition of one northbound mixed-flow lane, one northbound HOV lane, one southbound mixed-flow lane, and one southbound HOV lane. l-215 - Second Street to Fifth Street: Addition of one northbound HOV lane and one southbound HOV lane. 1-215 - Fifth Street to SR-259: Addition of one northbound mixed-flow lane, one northbound HOV lane, and one southbound HOV lane. 1-215 - SR-259 to SR-30: Addition of one northbound mixed-flow lane, one northbound HOV lane, one southbound mixed-flow lane, and one southbound HOV lane. 1-125 to Highland Avenue: Addition of one HOV lane in the northbound and southbound directions. SR-259 - Highland Avenue to SR-30: Addition of one HOV lane in the northbound and southbound directions. SR-30 - 1-259 to Waterman Avenue: Addition of one northbound mixed-flow lane, one northbound HOV lane, one southbound mixed-flow lane, and one southbound Improvements to 1-10, 1-215, SR-259, and SR-30 are under the authority of Caltrans. However, there is no mechanism for development project proponents to pay fees or make fair-share contributions toward improving mainline freeway lanes. Even if there were such a mechanism, there is no way to ensure that such payments would be directed to a specific freeway improvement project. Consequently, there are no feasible mitigation measures for these impacts. The Commission hereby concurs with this finding. H. RESERVED 14 P:\AgeDdas\Comn Dev Cotmrission\COC 2004\04-07-19 Uptown CCN Statement orOvcniding ConsideratioDs.OOc c c c I. PROJECT BENEFITS The benefits derived from the approval of the Project are related to eliminating conditions of blight in the Project Areas. The Project fulfills the goals outlined in the City's General Plan, the goals outlined in each respective project area plan as well as the primary purpose of the Agency under Community Redevelopment Law by means of assisting owner participants and third party developers under the terms of specific redevelopment agreements and covenants acceptable to the Agency to (i) consolidate parcels; (ii) eliminate obsolete or blighted structures or conditions on commercial property; and, (iii) preserve and create new employment and private capital investment in the Project Area. The following benefits will occur as a result of Project implementation: 1. hnplementation of the Project will result in the eliminate obsolete or blighted structures or conditions. 2. The Project will result in the preservation and creation of new employment and capital investment within the Uptown and CCN Project Areas. 3. The construction and operation of the proposed project will provide new employment opportunities, both short-term construction and potential long-term retail employment. 4. Establishment of the Mercado Santa Fe Project within Subarea B of the Uptown Project area will provide additional shopping amenities to serve the residents of the City and adjacent communities. 5. Development of the proposed Project will provide a logical extension of convenient and aesthetically compatible uses, which will strengthen the economic viability ofthe City. J. STATEMENT OF OVERRIDING CONSIDERATIONS The Commission adopts this Statement of Overriding Considerations with respect to the significant unavoidable impacts identified in the Final EIR. The following significant unavoidable impacts are anticipated to result from the proposed project after implementation of all project-specific mitigation measures identified in Section 4.0 of the Final EIR: Air Quality The proposed project would create significant air quality impacts from short-term construction activities and during long-term operations of the site. Pollutant emissions resulting from short- term construction activity would exceed thresholds for NOx and PMI. emissions after mitigation. Pollutant emissions associated with long-term operation activities would also exceed thresholds for CO, ROC, NOx, and PM... These impacts remain significant after mitigation. 15 P:\Apldas\CofrmDr:v Commission\CDC ~7.19 UptOwD COl StIICmCDI.ofOvcrriding ConIidcntions.doc c c c Traffic Two significant unavoidable traffic impacts would result from implementation of the proposed project. The proposed project creates or contributes to unacceptable freeway operations (LOS F) during the p.m. peak hour in year 2008 on the following: . 1-10 from 1-215 to Waterman Avenue; and . 1-215 from Mt. Vernon Avenue to SR-30. In year 2025, the project creates or contributes to unacceptable freeway operations (LOS F) during the p.m. peak hour on the following: . 1-10 from 1-215 to Waterman Avenue; . 1-215 from Mt. Vernon Avenue to SR-30; . SR-259 from 1-215 to SR-30; . SR-30 from State Street to 1-215; and . SR-30 from 1-259 to Waterman Avenue. Although mitigation of these impacts could be obtained by adding HOV or mixed-flow freeway lanes, these improvements are under the authority of Caltrans. There is no mechanism for development proponents to pay fees or make fair-share contributions toward improving mainline freeway lanes. Even if such a mechanism existed, there are no means to ensure that such payments would be directed to a specific freeway improvement project. Consequently, there are no feasible mitigation measures for identified freeway impacts. AIR QUALITY While implementation of mitigation measures will reduce construction-related air quality impacts on nearby sensitive receptors, short-term construction air quality impacts resulting from the proposed future retail center known as Mercado Santa Fe Project unavoidable. Nevertheless, the elimination of blight in Subarea B of the Uptown Project Area is hereby found to outweigh this temporary short-term adverse impact. No measures are available to reduce emissions from mobile sources, which are the primary source impacts. Long-term air quality impacts remain significant and unavoidable. TRAFFIC AND CIRCULATION All of the freeway segments examined on 1-10 and 1-215 are projected to operate below the acceptable level of service threshold under 2008 with project conditions. The addition of project- generated traffic contributes to these unsatisfactory operations. Improvements to 1-10 and 1-215 are under the authority of Caltrans. However, there is no mechanism for development project proponents to pay fees or make fair share contributions towards improving mainline freeway lanes, and even if there were such a mechanism, there is no way to ensure that such 16 P:\Agendas\Conm Dev Cornniaioo\CDC 2004\04-07-19 Upown CO! Statement of Overriding Considtrabons.doe c payments would be directed to a specific freeway improvement project. Consequently, there are no feasible mitigation measures for these impacts. Because there is no feasible way to ensure payment for the identified mitigation, these impacts remain significant and unavoidable. NOISE The increase in short-term traffic on the surrounding roads due to construction activities is expected to be small reduction in and the associated increase in long-term traffic noise will not be perceptible. However, short-term intermittent high noise levels associated with truck traffic can be anticipated. This section of findings specifically addresses the requirements of Section 15093 of the CEQA Guidelines, which require the lead agency to balance the benefits of a proposed project against its unavoidable significant impacts and to determined. whether the impacts are acceptably overridden by the project benefits. The Commission finds that the previously stated major project benefits, see Section F above, outweigh the unavoidable significant adverse environmental impacts noted above. Each of the separate benefits of the proposed project cited in the materials prepared at the direction of the City by the EIR consultant are hereby determined to be, in themselves and independent of the other project benefits, a basis for overriding all unavoidable environmental impacts identified in the Final EIR and in these findings. C The Commission's fmdings set forth in the preceding sections have identified all of the adverse environmental impacts and the feasible mitigation measures, which can reduce impacts to less than significant levels where feasible, or to the lowest feasible levels where significant impacts remain. The findings have also analyzed four alternatives to determine whether there are reasonable or feasible alternatives to the proposed action or whether they might reduce or eliminate the significant adverse impacts of the proposed project. The Final EIR, present evidence that implementing the development of the project will canse significant adverse impacts, which cannot be substantially mitigated to nonsignificant levels. These significant impacts have been outlined above and the Commission makes the following finding: Finding: Having considered the unavoidable adverse impacts of the project, the Commission hereby determines that all feasible mitigation has been adopted to reduce or avoid the potentially significant impacts identified in the Final EIR and that no additional feasible mitigation is available to furthl;!" reduce significant impacts. Further, the Commission finds that economic, social, and other considerations of the project outweigh the unavoidable adverse impacts described above. The reasons for accepting these remaiuing unmitigated impacts are described below. In making this finding, the Commission has balanced the benefits of the project against its unavoidable environmental impacts and has indicated its willingness to accept those risks. Finding: The Commission finds that the Project's benefits are substantial and override each unavoidable impact of the project. c 17 P:\Agendas\Conm De. Commission\CDC 2004\(}4..07.19 UptowD CCN StatcmcDt o(()vmiding Considmtions.doc c c c K. ADOPTION OF A MONITORING PLAN FOR THE CEQA MITIGATION MEASURES CEQA Guidelines Section 15097 requires the Commission to adopt a mouitoring or reporting program regarding the changes in the project and mitigation measures imposed to lessen or avoid significant effects on the environment. The Mitigation Monitoring Plan included as Section 5 in the Final EIR is hereby approved and adopted by the Commission, and the Commission hereby finds that such plan satisfies CEQA's mitigation monitoring requirements. Furthermore, the Commission shall ensure the Agency shall comply with the requirements of the Mitigation Monitoring Program and make such reports as necessary during: (i) all condemnation proceedings against land lying within either Project Area; (ii) the development of the Mercado Santa Fe Project if assisted by the Agency; and (iii) the development of any other redevelopment project lying on land affected by General Plan Amendment No. 04-02 to which the Agency grants assistance. 1. The Mitigation Monitoring Plan is designed to ensure compliance with the changes in the project and mitigation measures imposed on the project during project implementation; and 2. Measures to mitigate or avoid significant effects on the environment are fully enforceable through permit conditions, agreements or other measures. 18 P:\Aamdas\Cotmt D:v Commissioo\CDC 2004\04-07.19 Uptown CCN Statem:at of Overriding Coasidc:rationsdoe C 2 3 4 5 6 7 8 9 10 II c c RESOLUTION NO. 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 WHEREAS, the City of San Bernardino ("City") is a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California; 12 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 14 13 15 Redevelopment Law (the "CRL"). The CRL is found at Health and Safety Code Section 33000 et seq.; and 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 WHEREAS, the Common Council has subsequently adopted certain amendments to the Redevelopment Plan for the Uptown Redevelopment Project as follows: (i) Common Council Ordinance No. MC-927 on December 19, 1995; and (ii) Common Council Ordinance No. MC-1161 on December I, 2003. 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 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 16 17 18 19 20 21 22 23 24 25 26 27 28 -1- P:\Agmdas\Resolutions\R.esolutions\2004\04-07-19 Uptown Blight Analysis CDC Reso.doc c c c 2 redevelopment project area of the Uptown Redevelopment Project (the "Project Area") by eminent domain; and 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 erninent domain on residential properties within the Project Area; and WHEREAS, the members of the Project Area Committee for the Project Area have considered and approved the 2004 Amendment and have voted to recommend the Common Council and the Commission that the 2004 Amendment be approved at the Joint Public Hearing scheduled for July 19, 2004 on the 2004 Amendment; and WHEREAS, the 2004 Amendment does not propose to modify the boundaries of the Project Area or change any of the fmancial 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 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 -2- P:\AgcndasIResolutionslResolutions\2004I04-07-19 Uptown Blight Analysis CDC Reso.doc C redevelopment implementing activities, including a redevelopment study project referred to as 2 the "Mercado Santa Fe Project" and the City General Plan Amendment No. 04-02, and the 3 Common Council has adopted its resolution entitled: 4 "RESOLUTION OF THE CIlY 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 CIlY 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 5 6 7 8 9 10 11 WHEREAS, the Commission has adopted its resolution entitled: "RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CIlY OF SAN BERNARDINO AS A RESPONSffiLE AGENCY UNDER THE CALIFORNIA ENVIRONMENTAL QUALIlY ACT ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS, AND MAKING FINDINGS THAT A FINAL PROGRAM ENVIRONMENTAL IMPACT REPORT, AND THE MITIGATION MONITORING PLAN FOR THE REINSTATEMENT OF EMINENT DOMAIN POWERS IN THE REDEVELOPMENT PROJECT AREAS OF THE UPTOWN REDEVELOPMENT PROJECT AND THE CENTRAL CITY NORTH REDEVELOPMENT PROJECT FULLY AND ADEQUATELY ADDRESS THE POTENTIAL ENVIRONMENTAL EFFECTS OF THE APPROVAL BY THE COMMISSION OF SUCH REDEVELOPMENT PLAN AMENDMENTS"; and 12 13 o 14 15 16 17 18 19 20 WHEREAS, aIllegaI prerequisites to the passage of this Resolution have occurred and 21 been taken in accordance with applicable law. 22 NOW, THEREFORE THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, FIND AND DETERMINE AS FOLLOWS: 23 24 Section I. The information set forth in the Recitals of this Resolution is true an 25 26 correct. The Commission has conducted a full and fair joint public hearing with the Commissio c Council on July 19,2004 regarding the 2004 Amendment. 27 Section 2. The purposes and intent of the Commission with respect to the 2004 28 Amendment is to reinstate the Agency's eminent domain authority with respect to all property in -3- P:lAgendaslResolutionslRerolutions\2004I04-07-19 Uptown Blight Analysis CDC Reso.doc C 2 3 4 5 6 7 8 9 10 11 12 13 14 C 15 17 18 19 20 21 22 23 24 25 26 27 0 28 16 the Project Area for a twelve (12) year period thereby protecting and promoting the sound redevelopment of the Project Area and the general welfare of the inhabitants of the City by providing a method of property acquisition through the potential use of eminent domain in order for the Agency to be able to assemble parcels, attract redevelopment interest by owners of land and third persons and secure capital improvement in the Project Area by insuring its ability to deliver property for redevelopment purposes as part of specific programs to eliminate and prevent the spread of blight in the Project Area. Section 3. No written objection to the 2004 Amendment was received by the Commission prior to the joint public hearing and no written or oral objection was submitted to the Commission or the Common Council prior to the close of the joint public hearing on the 2004 Amendment. Based on all staff reports and consultant reports prepared by or at the direction of the Agency and the City, the staff and consultant's 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, and the "Report to Mayor and Common Council, 2004 Eminent Domain Amendment, Uptown Redevelopment Report" (the "Section 33352 Report"). Section 4. (a) The Section 33352 Report contains a summary of facts and information which indicate that conditions of blight continue to burden the Project Area. The observation of the conditions of blight which afflict the Project Area is described in the Section 33352 Report. The Section 33352 Report includes both field observation of conditions in the Project Area and analysis of technical data. The field observation was conducted by Agency staff and qualified consultants, as described in the Section 33352 Report, all of whom have significant experience in compiling and evaluating data relating to the existence of blight in a redevelopment project area. The Project Area displayed substantial evidence of blight in 1986 at the time when the Redevelopment Plan was adopted. The existence of blight in 1986 was so prevalent that blight caused a reduction and lack of property utilization of the area to such an extent that the lands in the Project Area posed a physical and economic burden on the community. CRL Section 33031 contains the primary source of law for the definition of "blight". The following contains a summary of the information contained in the Section 33352 Report -4- P:lAgcndaslResolutionslResolutions\2004104-ll7-19 Uptowu 86gbl Analysis CDC Reso.doc c o 17 18 19 20 21 22 23 24 25 26 27 C 28 2 which is organized under each of the four (4) elements or categories of "physical blight" (CRL Section 33031(a)) and the five (5) elements or categories of "economic blight" (CRL Section 3303 I (b)). The applicable text of the statute is presented in bold-faced type, followed by a summary of the applicable facts contained in the Section 33352 Report. CRL Section 33031(a)(I): "Buildings in which it is unsafe or unhealthy for person to live or work. These conditions can be caused by serious building code violations dilapidation and deterioration, defective design or physical construction, faulty 0 inadequate utilities, or other similar factors." This provision describes one of the "classic" symptoms of blight. The informatio summarized in the Section 33352 Report was assembled from field observation of the exterio areas of buildings and structures visible to Agency staff and consultants from the public stree and public right-of-ways in the Project Area. It is believed that interior inspection of th buildings and structures in the Project Area, as well as closer inspections of the exterior areas 0 many properties which were not visible from public streets, would likely indicate many more an potentially very serious life and safety related building deficiencies than described in the Sectio 33352 Report. Nevertheless, the Section 3352 Report indicates that 17.9% of the improved parcels 0 land in Subarea A of the Project Area contain buildings which display signs of dilapidation an' deterioration, and that 17.1% of the improved parcels of land in Subarea B of the Project Are contain buildings which display signs of dilapidation and deterioration. [Section 3352 Report B 3 and B-4.] It is noted that these numbers are likely to conceal a number of problems 0 symptoms of blight for the reasons stated above. Elsewhere in the Section 3335A Report, it i noted that the Project Area contains a comparatively large number of vacant parcels of land nearly one fourth (l/4th) of parcels are vacant [Section 33352 Report B-5]. In an older and full urbanized area of a community such as the Project Area, such a large percentage of vacant 0 unused parcels of land often is an indication of long-standing conditions of blight. This larg number of vacant parcels of land, in an otherwise fully developed urban area, is in large part th result of an effective and sustained effort on the part of the City to enforce building and safe laws [Section 33352 Report B-23]. As buildings have deteriorated in the Project Area, the Ci -5- 3 4 5 6 7 8 9 10 II 12 13 14 15 16 P:lAgcndaslResolutionslResolutions\2004\04-07-19 Uptown Blight Analysis CDC Reso.doc o o c \ has taken action to compel property owners to respond to such deterioration and life safe 2 dangers. In many, many cases over the past ten (10) years, property owners have elected t 3 demolish such unsafe structures rather than repair them. [See Section 33352 Report B-23: "Fo 4 the five-year period of 1997-98 through 2001-02, code compliance for deterioration 5 dilapidation cases for the Project Area were higher by 6 times the City average."] 6 Thus the unusually high percentage of vacant parcels of land, plus the conditions 7 observed in the Section 33352 Report relating to the condition of buildings serve to provid 8 confirming evidence that the condition of blight described in CRL Section 33032(a)(I) is presen 9 in the Project Area. [Section 33352 Report B-2 through B-7 and accompanying photographs a 10 B-8 through B- I 1.] 1\ Furthermore, despite the extensive availability of vacant land to support new constructio \2 in the Project Area, new construction simply has not occurred for a number of interrelate 13 factors. A key among these is the fact that old lots - especially the commercially zoned lots \4 are too small to permit new development under current day planning and zoning standards 15 unless such vacant parcels are first assembled with adjacent. \6 In view of the information set forth in the Section 33352 Report the Commission hereb 17 fmds that the condition of blight described in CRL Section 33031(a)(I) is present in the Projec \8 Area and is a prevalent and substantial condition which causes a reduction and lack ofutiIizatio 19 of the Project Area and substantially contributes to a serious physical and economic burden 0 20 the community which cannot reasonably be expected to be reversed or alleviated by privat 2\ enterprise or govemment action, or both without redevelopment. 22 23 24 CRL Section 33031(a)(2): "Factors that prevent or substantially hinder the economically viable use or capacity of buildings or lots. This condition can be caused by a substandard design, inadequate size given present standards and market conditions, lack of parking, or other similar factors." This condition or symptom of blight remains present in the Project Area. The large number of vacant lots in the Project Area - 24% of all legal parcels are vacant in the Project Area comprising approximately 22% of the total acreage of the Project Area - evidences this symptom of blight [Section 33352 Report B-5]. The small size of parcels ofIand in the Project 25 26 27 28 -6- P:lAgcndaslRcsolutionslRcsolutions\2004I04-o7.19 Uptown Bligb. Analysis CDC R<so.doc c c c I 2 3 Area also contributes to the problem and in particular, prevents the reuse of many parcels on which older buildings have already been demolished because of age and deterioration or economic obsolescence. Small lot size - particularly on community yard properties - 8,000 square feet where the current zoning and development standards require 10,000 square foot commercial lot size minimum standard - prevent economically feasible reuse of property in the Project Area in many, many cases. As stated in the Section 33352 Report, "assessing all the parcels in the Project Area and comparing to the City's minimum lot requirements for each General Plan land use, 70.1 % of the parcels are non-conforming and do not meet the minimum lot requirement". [Section 33352 Report B-18] In view of the information set forth in the Section 33352 Report the Commission hereby finds that the condition of blight described in CRL Section 3303 I (a)(2) is present in the Project Area and is a prevalent and substantial condition which causes a reduction and lack of utilization of the Project Area and substantially contributes to a serious physical and economic burden on the community which cannot reasonably be expected to be reversed or alleviated by private enterprise or govemment action, or both without redevelopment. CRL Section 33031(a)(3): "Adjacent or nearby uses that are incompatible with each other and which prevent the economic development of those parcels or other portions ofthe project area." This condition is a symptom of blight and is found in the Project Area. [Section 33352 Report B-15 through B-16 and accompanying photographs.] In addition, this condition is compounded by the fact that the substantial majority of the residential use parcels of land which are mixed in among the commercial use parcels along the main street traffic arterial streets are non-conforming parcels of land. In the case of the "medium density" residential parcels of land which are interspersed among the commercial use parcels (e.g. a residential parcel of land improved with a fourplex situated between two small commercial use parcels improved with "office" type or other nonresidential uses), 82.2% of such "medium density" residential use parcels are non-conforming [Section 33352 Report B-19]. It should also be noted that the total number of residential use parcels in the Project Area is fairly low (125 parcels out of a total of 1,144 parcels) in comparison to the other "general commercial"/industrial uses of land in the Project Area. And yet the average number of residents per residential use parcel of land is remarkably high (e.g. approximately 2,760 residents in the Project Area [Section 33352 Report 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 -7- P:lAgcndaslResolutionslR<solutions\2004104-ll7-19 Uptown Blight Analysis CDC Reso.doc o 21 22 23 24 25 26 27 0 28 B-21]). This indicates that the average number of residents per residential parcel is approximately 23 persons per parcel. Since the majority of all residential use parcels are non- conforming or substandard in size, the evidence of incompatibility of land uses also serves to provide evidence of the conditions of residential overcrowding which is observed in the Project Area. 13 14 In view of the information set forth in the Section 33352 Report the Commission hereby fmds that the condition of blight described in CRL Section 3303 1 (aX3) is present in the Project Area and is a prevalent and substantial condition which causes a reduction and lack of utilization of the Project Area and substantially contributes to a serious physical and economic burden on the community which caunot reasonably be expected to be reversed or alleviated by private enterprise or government action, or both without redevelopment. CRL Section 33031(a)(4): "The existence of subdivided lots of irregular form and shape and inadequate size for proper usefulness and development that are in multiple ownership." This condition of blight is also present in the Project Area. The ownership pattern of land in the Project Area is exceedingly diverse and such small ownership pattern indicates that land assembly by private property owners has not occurred. It is likely that given all the other burdens affecting the Project Area, and the comparative ease for commercial businesses and buyers of property to select other less challenged and newer areas of the community for investment, that the assembly of small parcels into larger parcels of developable land in the Project Area is not reasonably likely to occur without redevelopment assistance in one form or another. In view of the information set forth in the Section 33352 Report the Commission hereby finds that the condition of blight described in CRL Section 3303 1 (a)(4) is present in the Project Area and is a prevalent and substantial condition which causes a reduction and lack of utilization of the Project Area and substantially contributes to a serious physical and economic burden on the community which caunot reasonably be expected to be reversed or alleviated by private enterprise or government action, or both without redevelopment. CRL Section 33031(b)(1): "Depreciated or stagnant property values or impaired investments, including, but not necessarily limited to, those properties containing 15 16 17 18 19 20 -8- P:lAgcndaslResolutions\Resolutions\2004\04-07-19 Uptown Bligh. Analysis CDC Reso.doc c o c 2 hazardous wastes that require the use of agency authority as specified in Article 12.5 (commencing with Section 33459)." This symptom of blight is present in the Project Area. Despite recent news reports and general views about rising real estate investment values in the Inland Empire and in San Bernardino in particular, the Project Area appears to be an area of the community which has not benefited from these generally favorable economic conditions in recent years. In part of fact, since the time when the Project Area was established in 1986 a serious and sustained series of negative economic factors have produced an almost "perfect storm" of adverse economic conditions in the Project Area. The economic down-turn of the late 1980's and early '90s, coupled with'the closing of the nearby Santa Fe railway locomotive repair shop facility and the closing of nearby Norton Air Force Base have resulted in a major exodus of commercial business activity from the Project Area since 1986. As is readily apparent in the Section 33352 Report, as well as apparent to an untrained observer who merely takes a drive through the Project Area, virtually no new development or construction activity since 1986, is apparent in the Project Area today. In light of the large number of vacant parcels of land available in the Project Area, this fact is particularly significant and indicative of this economic condition of blight. The Section 33352 Report provides a good summary of the available evidence of the existence of stagnant and depreciated property values which serve to illustrate this problem: "In order to examine the economic health of the Project Area, trends in secured property values, which include the land and improvement values, were analyzed for the fiscal years 1998-99 through 2002-03. The Project Area assessed values increased by 1.37% annually during this period. The secured assessed value for the City increased by 1.79% annually from 1998-99 through 2002-03. A more detailed, analysis by San Bernardino County Assessor's Parcel Map Book and Page of the Project Area assessed values revealed that despite the slow growth in the value of the entire Project Area, many blocks actually declined and did not keep pace with the Proposition 13 inflationary adjustment, due to declining market values. The analysis revealed that parcels on 16 map book pages declined in value and in addition to this, parcels on 15 more map book pages did not grow by the Proposition 13 inflationary 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 -9- P:lAgcndaslResolutionslResolutions\2004104.Q7,19 Uptown Blight Analysis CDC Reso.doc c c o 2 adjustment rate of2%. These 31 pages represent 54% of the total Project Area's blocks." [See Section 33352 Report Table B-6] In view of the information set forth in the Section 33352 Report the Commission hereby finds that the condition of blight described in CRL Section 33031(b)(1) is present in the Project Area and is a prevalent and substantial condition which causes a reduction and lack of utilization of the Project Area and substantially contributes to a serious physical and economic burden on the community which cannot reasonably be expected to be reversed or alleviated by private enterprise or government action, or both without redevelopment. CRL Section 33031(b)(2): "Abnormally high business vacancies, abnormally low lease rates, high turnover rates, abandoned buildings, or excessive vacant lots within an area developed for urban use and served by utilities." This symptom of blight is present in the Project Area. The photographs and the Section 33352 Report portray a number of vacant commercial use structures in the Project Area. The number of vacant and under utilized commercial buildings particularly along Highland Avenue is quite noticeable to the casual observer. In addition, the unusually high percentage of vacant parcels in the Project Area provides evidence that this condition of blight exists. In view of the information set forth in the Section 33352 Report the Commission hereby finds that the condition of blight described in CRL Section 3303 1 (b)(2) is present in the Project Area and is a prevalent and substantial condition which causes a reduction and lack of utilization of the Project Area and substantially contributes to a serious physical and economic burden on the community which cannot reasonably be expected to be reversed or alleviated by private enterprise or government action, or both without redevelopment. CRL Section 33031(b)(4): "Residential overcrowding or an excess of bars, liquor stores, or other businesses that cater exclusively to adults, that has led to problems of public safety and welfare." This symptom of blight is present in the Project Area. Residential overcrowding is a significant problem and one which is not likely to improve without redevelopment. Although the sustained efforts of City code enforcement have produced very positive results in the Project Area, government action alone cannot remedy the problem in the near term. The investment of private capital is required to address the problem of residential overcrowding. Given the extent of blighting conditions in the Project Area, it is unfortunately not surprising that the investment 3 4 5 6 7 8 9 10 1\ 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -10- P:\AgendaslResolutionslResolutions\2004I04-07-19 Uptown Bligb' Analysis ax; Reso.doc C 2 3 4 5 6 7 8 9 10 II 12 13 C IS 16 17 18 19 20 21 22 23 24 25 o 14 of private capital in the Project Area since 1986 has not made much of an improvement since the time the Project Area was established. lbis is confirmed by the finding under CRL Section 33032(a)(3), above. Furthermore, the presence of so-called "adult business" activities in the Project Area, such as on Highland Avenue, provides evidence of the persistent and adverse nature of these conditions of blight. [Section 33352 Report B-29 and B-30] In view of the information set forth in the Section 33352 Report the Commission hereby finds that the condition of blight described in CRL Section 3303 1 (b)(4) is present in the Project Area and is a prevalent and substantial condition which causes a reduction and lack of utilization of the Project Area and substantially contributes to a serious physical and economic burden on the conununity which cannot reasonably be expected to be reversed or alleviated by private enterprise or government action, or both without redevelopment. CRL Section 33031(b)(5): "A high crime rate that constitutes a serious threat to the public safety and welfare." This symptom of blight is present in the Project Area. [Section 33352 Report B-26 through B-30.] In view of the information set forth in the Section 33352 Report the Commission hereby finds that the condition of blight described in CRL Section 3303 1 (b)(5) is present in the Project Area and is a prevalent and substantial condition which causes a reduction and lack of utilization of the Project Area and substantially contributes to a serious physical and economic burden on the community which cannot reasonably be expected to be reversed or alleviated by private enterprise or government action, or both without redevelopment. (b) In view of the information set forth in the Section 33352 Report the Conunission hereby finds that the conditions of blight described in CRL Section 33031 are present in the Project Area and that these conditions are prevalent and substantial conditions which cause a reduction and lack of utilization of the Project Area and substantially contribute to a serious physical and economic burden on the conununity which cannot reasonably be expected to be reversed or alleviated by private enterprise or government action, or both without redevelopment. (c) The Commission hereby further finds that the 2004 Amendment to the Redevelopment Plan shall assist the Agency to correct and eliminate the spread of blight in the Project Area by means of assisting owner participants and third party developers under the terms 26 27 28 -11- P:lAgcndaslResolutionslResolutions\2004\04-07-19 Uptown Blight Analysis CDC Reso.doc of specific redevelopment agreements and covenants acceptable to the Agency to consolidate parcels, eliminate obsolete or blighted structures or conditions on commercial use property and preserve and create new employment and private capital investment in the Project Area. Section 5. The Commission hereby acknowledges its receipt and approval of the 33352 Report. The Commission hereby requests the Common Council to consider and approve the 33352 Report in the form as submitted at the joint public hearing for the adoption of the 2004 Amendment to the Redevelopment Plan. Section 6. The Commission hereby approves and adopts the 2004 Amendment, a copy of which is on file with the Agency Secretary, and which 2004 Amendment is incorporated herein by this reference, and the Commission designates the Redevelopment Plan, as amended by the 2004 Amendment (hereinafter, the "Amended Redevelopment Plan") as the official redevelopment plan for the Uptown Redevelopment Project subject to the adoption of an appropriate Ordinance of the Common Council which approves and adopts the 2004 Amendment and the Amended Redevelopment Plan. Section 7. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Resolution, 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 Resolution. The Commission hereby declares that it would have adopted this Resolution and each, section subdivision, sentence, clause, phrase, or portion of this Resolution, irrespective of the fact that one or more sections, subdivisions, sentences, clauses, phrases, or portions of this Resolution be declared invalid for any reason. Section 8. This Resolution shall take effect upon adoption. The Agency Secretary shall certify the adoption of this Resolution. III 25 III 26 III 27 III C 28 III -12- P:lAgcndaslResolutionslResolutions\2004\04-07-19 Uptown Bligh. Analysis CDC Reso.doc 5 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 o 2 3 4 6 7 8 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the 9 Community Development Commission of the City of San Bernardino at a meeting 10 thereof, held on the 11 12 Commission Members 13 ESTRADA 0 14 LONGVlLLE 15 MCGINNIS 16 DERRY 17 KELLEY 18 JOHNSON 19 MCCAMMACK 20 21 day of , 2004, by the following vote, to wit: AYES NAYS ABSTAIN ABSENT Secretary 22 The foregoing resolution is hereby approved this day of ,2004. 23 24 25 Judith Valles, Chairperson Community Development Commission of the City of San Bernardino 26 Approved as to Form and Legal Content: c 27 28 By: Agency Counsel -13- P:\AgcndaslRosolutionslRcsolutions\2004104-07.19 Uptown Bligbt Analysis CDC Rcso.doc 0 2 3 4 5 6 7 8 9 10 11 12 13 0 14 15 16 17 18 19 20 21 22 23 24 25 26 27 C 28 -14- P:\Agendas\Rcsolutiol1S\Rcsolutiol1S\2004104~7-19 Uptown Blight Analysis CDC Rcso.doc c o C 28 I STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) 2 3 4 I, Secretary of the Community Development Commission of the City of San Bernardino, DO HEREBY CERTIFY that the foregoing and attached copy of Community Development Commission of the City of San Bernardino Resolution No. is a full, true and correct copy of that now on file in this office. 5 6 7 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the Community Development Commission of the City of San Bernardino this day of , 2004. 8 9 10 11 Secretary of the Community Development Commission of the City of San Bernardino 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 -15- P:\Agendas\Resolutions\Resolutions\2004\04-07-19 Uptown Blight Analysis CDC Reso.doc 0: 0 13 14 15 16 17 18 19 20 21 025 ORDINANCE NO. 3 ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ADOPTING THE 2004 EMINENT DOMAIN AMENDMENT TO THE REDEY,ELOPMENT PLAN FOR THE UPTOWN REDEVELOPMENT PROJECT 4 5 6 WHEREAS, the City of San Bernardino ("City") is a charter city and municipal 7 corporation organized and existing under the Constitution and laws of the State of California; 8 and 9 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 10 11 12 et seq.; and 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 WHEREAS, the Common Council has subsequently adopted certain amendments to the Redevelopment Plan for the Uptown Redevelopment Project as follows: (i) Common Council Ordinance No. MC-927 on December 19,1995; and (ii) Common Council Ordinance No. MC-1161 on December 1,2003. 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 22 herein as the "Redevelopment Plan"; and 23 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 24 eminent domain; and -1- P:\ApDdu\RaohIdo.l\ReMIutlou\2OCN\lM-07-19 Uptoln PH OnU....a.doc: o 10 11 12 0 13 14 15 16 17 18 19 20 21 22 23 24 C 25 1 2 3 4 5 6 7 8 9 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 -2- P:~~.I'U"""'PHOrdlance.dH o I the "El Mercado Santa Fe Project" and the City General Plan Amendment No. 04-02, and the 2 Common Council has adopted its resolution entitled: 3 4 5 6 7 8 9 10 II 12 0 13 14 15 025 "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 WHEREAS, the Commission has adopted its resolution entitled: "RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO MAKING FINDINGS REGARDING CONDmONS 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 WHEREAS, all legal prerequisites to the passage of this Ordinance have occurred and 16 been taken in accordance with applicable law. 17 NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF 18 SAN BERNARDINO DO ORDAIN AS FOLLOWS: 19 Section 1. The facts set forth in the Recitals of this Ordinance are true and correc 20 and are hereby made part of the fmdings and determinations of the Common Council as relate t 21 the approval of the 2004 Amendment. 22 Section 2. Conditions of blight still affect the Project Area. At the present time, th 23 Agency may acquire land in the Project Area by purchase and other negotiated means, but th 24 Agency's power to acquire land necessary for specific redevelopment project activities lapsed i 1998. In general, the purpose and intent of the Redevelopment Plan is not changed by the 200 -3- P;~1OoN4-t7-1'Vpto1nIPHOnU._doe o 0 13 14 15 16 17 18 19 20 21 22 23 24 C 25 1 2 3 4 5 6 7 8 9 10 11 12 Amendment. The purpose and intent of the Common Council with respect to the Amendment is to eliminate and prevent the spread of blight in the Project Area. reinstatement of the Agency's eminent domain authority with respect to all property in th Project Area for a twelve (12) year period following the adoption of this Ordinance is necess and appropriate to achieve this purpose and intent. The 2004 Amendment shall assist th Agency to achieve this goal of promoting the redevelopment of the Project Area and the gene welfare of the inhabitants of the City, by enabling the Agency to assemble parcels which ar necessary to support specific redevelopment activities to prevent and eliminate the spread 0 blight in the Project Area. Apart from the reinstatement of the power of eminent domain, th 2004 Amendment does not add territory to the Project Area or make any other revision to th Redevelopment Plan. Section 3. (a) The Common Council hereby acknowledges its receipt of th written report, dated July 2004, on the 2004 Amendment which has been prepared pursuant t CRL Section 33352 (the "Section 33352 Report"). As set forth in CRL Section 33457.1, th Section 33352 Report contains the information relating to the 2004 Amendment to the exten 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 requir further discussions or consideration as the proposed reinstatement of the Agency' redevelopment powers does not change the content or analysis of the matters covered under suc subsections of the report which was prepared and considered by the Common Council unde Section 33352 at the time when the Redevelopment Plan was originally adopted in 1986. Th subsections of the Section 33352 Report relating to the 2004 Amendment where substantiv analysis is not required at this time are identified as follows: Section 33352(c) the Five Year Implementation Plan; Section 33352(d) why the elimination of blight cannot be accomplished by private party action alone' -4- P:\Agodu\RaobIdeu\RaoIu60.1UOO4\04-07-19 UJ*n PH Ql'd11lUce.dGc 0 1 2 3 4 5 6 7 8 9 10 11 12 0 13 14 17 18 19 20 21 22 23 24 C 25 Section 33352(e) method offmancing; Section 33352(f) the relocation plan; Section 33352(g) analysis of the preliminary plan; Section 33352(h) report and recommendation of the Planning Commission; Section 33352(j) general plan conformance; Section 33352(1) report of the County fiscal officer; and Section 33352(n) sununary of Agency consultations with affected taxing agencies. The reinstatement of the Agency's power of eminent domain does not require furthe 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 publi hearing which was conducted prior to the adoption of this Ordinance, together with all writte and oral testimony and statements presented by interested persons prior to the close of such join 15 public hearing. 16 (b) The Common Council hereby finds and determines that the joint public hearin 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 detennined in Ordinance No MC-527, that the Project Area is a blighted area, the redevelopment of which is necessary t effectuate the public purposes declared in the CRL. For the reasons set forth in the Sectio 33352 Report, the Common Council hereby further fmds and detennines in connection with i consideration of the 2004 Amendment, the that such findings and determinations originally se forth in Ordinance No. MC-527 continue to be valid. Conditions of blight in the Project Area originally observed at the time of adoption of the Redevelopment Plan remain in existence -5- P:\ApllcW\ReeoIudou\Radou\1004\G4-07-I' Uptowa PH OnUu.ee.doc 0 1 2 3 4 5 6 7 8 9 10 11 C 25 which blighting conditions as observed in 2004 include deteriorated and dilapidated building (33352 Report pages B-4 to B-13), substandard design that prevents or substantially hinde economically viable use or capacity ofthe buildings or lots (33352 Report pages B-13 to B-15 mixed and incompatible commercial, industrial and residential uses (33352 Report pages B-15 t B-17), lots of irregular form and size creating a hindrance to future development (33352 Repo pages B-18 to B-19), prevalence of absentee owners having detrimental effects on buildin conditions and maintenance of such buildings (33352 Report page B-19), impaired investmen leading to high vacancy rates and depreciated values (33352 Report pages B-20 to B-21) prevalence of building and zoning code violations (33352 Report pages B-22 to B-24), and hi levels of serious criminal offenses in the Project Area (33352 Report pages B-25 to B-29). 2004 the Project Area displays symptoms of both "physical and economic blight" as these term are defined in CRL Section 33031. 12 15 the public peace, health, safety, and welfare. c. The adoption and carrying out of the 2004 Amendment remains economicall sound and feasible for the same reasons as indicated at the time when the Redevelopment PI was adopted. 16 17 18 d. The 2004 Amendment will not change the original findings of the Commo 19 Council that the Redevelopment Plan is consistent with and conforms to the General Plan of th City including, but not limited to, the Housing Element of the General Plan. 20 21 e. The adoption and carrying out of the 2004 Amendment will promote the publi 22 peace, health, safety, and welfare of the City and would effectuate the purposes and policies 0 the CRL and in particular will assist the Agency to elimination and prevent the spread of bligh on lands which the Agency may not otherwise be able to acquire by negotiated purchase or caus to be abated by other means. 23 24 -6- P:\ApII~dou\1OO4\14-07-19Uptcnnl PH OnH.uce.doe o 10 11 12 0 13 14 15 C 25 1 f. The power to acquire real property by condemnation upon the reinstatement of th Agency's power of eminent domain, as provided for in the 2004 Amendment, is necessary to th 2 3 execution of the Redevelopment Plan, and adequate provisions have been made for payment fo 4 property to be acquired, if any, as provided by law. 5 g. The Agency has adopted the relocation rules and regulations of the State 0 6 Califomia and therefore has a feasible method for the relocation of families and perso displaced from the Project Area, if the implementation of the 2004 Amendment should result' the temporary or permanent displacement of any occupants of housing facilities in the Projec , 7 8 9 Area. h. The Common Council hereby finds and declares that in the event that any perso is displaced from the Project Area as the result of the Agency's acquisition of property, whethe by exercise of the power of eminent domain or otherwise, that there shall be provided in th Project Area or in other areas not generally less desirable in regard to public utilities and publi 16 and commercial facilities and at rents or prices within the financial means of such persons an families displaced from the Project Area, decent, safe and sanitary dwellings equal in number t the number of and availability to the displaced families and persons and reasonably accessible t their places of employment. 17 The Common Council hereby fmds and declares that in the event the Agency ma 1. 18 acquire any property in the Project Area by exercise of the power of eminent domain 0 otherwise, that the families and persons who reside on such property shall not be displaced b the Agency prior to the adoption of a relocation plan pursuant to CRL Sections 33411 an 33411.1. Dwelling units housing persons and families of low or moderate income shall not b removed or destroyed prior to the adoption of a replacement housing plan pursuant to C 19 20 21 22 23 Sections 33334.5, 33341 and 33413.5. 24 Based upon the information set forth in the Section 33352 Report, th J. noncontiguous portion of the Project Area referred to as "Subarea B" is blighted. -7- P:\Aptdu\Relollltiou\Resol~-l' Uptowa PH OrdJ.aac:e.doc: o 17 18 19 20 21 22 23 24 C 25 1 5 k. The elimination of blight and the redevelopment of the Project Area in th absence of the 2004 Amendment is not reasonably expected to be accomplished by privat enterprise acting above without the aid and assistance available to the Agency under the 200 Amendment in light of the fact that blight continues to exist in the Project Area on a broad an substantial scale, and private property owners acting alone often cannot address conditions 0 blight on land which they own or can acquire without Agency assistance because such land 2 3 4 6 7 standing alone, is too small in size, too irregular in shape, too obsolete in present use 0 8 configuration or is too adversely affected by other blighting conditions which impair its valu 10 demonstrated in the Section 33352 Report. 9 and limit investment of new capital and prevent its economic reuse and redevelopment, all 1. The time limitation on commencement of eminent domain proceedings contain 11 12 in the 2004 Amendment, is reasonably related to projects to be implemented in the Project Are 15 in the Redevelopment Plan. 16 Section 5. The Common Council hereby overrules each and every written and 0 objection to the adoption of the 2004 Amendment, as submitted to the Common Council prior t the close of the joint public hearing which preceding the adoption of this Ordinance. The Common Council hereby finds and determines that in calendar year 2004, the Project Are is a predominantly urbanized area and displays a combination of conditions set forth in C Section 33031, and the Section 33352 Report, which remain and are today so prevalent and s substantial that they cause a reduction of, and lack of, property utilization of the lands in th Project Area to such an extent that such conditions constitute a serious physical and economi burden on the community which cannot reasonably be expected to be reversed or alleviated b private enterprises or government action, or both, without redevelopment. -8- P:\Acfltdu\RaoIlldoDl\llaoIudoaaUOO4\04-O-19 Uptowa PH Ont1IwIee.doc c 013 14 C 25 1 Section 6. The Common Council hereby amends the Redevelopment Plan as follows: 2 Subsection "C. Property Acquisition" of Section "V. PROPOSED REDEVELOPME 3 ACTIONS" of the Redevelopment Plan is herby amended in its entirety to read as follows: 4 "C. Property Acquisition 5 1. Acquisition of Real Property 6 Except as specifically exempted herein, the Agency may acquire real property b any means authorized by law, including by purchase, lease, obtain option upon, acquire by gift 7 8 grant, bequest, devise, or otherwise, any real or personal property, and any improvements on it 9 including repurchase of property owned by Agency, exchange, cooperative negotiation, 0 10 eminent domain. 11 It is in the public interest and is necessary in order to execute this Plan, for the power of eminen 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 b 12 15 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 t the Uptown Redevelopment Plan. 16 17 b. Agency shall not acquire from any of its members or officers an 18 property or interest in property except through eminent domain proceedings. 19 c. Property already devoted to a public use may be acquired by th 20 Agency through eminent domain, but property of a public body shall not be acquired without i 21 consent. 22 d. The Agency at the request of the Common Council may accept 23 conveyance of real property (located either outside a survey area) owned by a public entity an declared surplus by the public entity, or owned by a private entity. 24 //1 -9- P:IJ.&eadu\ReIoI.uou\Reloltldou\1ClCN\04-87-19 UptewD PH OnIlauce.doc 0 1 2 3 4 5 6 7 8 9 10 11 C 13 14 15 16 17 18 19 20 21 22 23 C 25 12 The Agency may dispose of such property to private persons or to public or privat entities, by sale or long-term lease for development. All or any part of the funds derived fro the sale or lease of such property may at the discretion of the Common Council be paid to th 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 th limitations set forth in this 2004 Amendment. These limitations may only be extended b subsequent amendment of the Plan. The Agency shall, if at all, exercise the power of eminent domain in accordance with th provisions and prerequisites of the California Eminent Domain Law [Code of Civil Procedur Sec. 1230.010 et seq.] and the California Relocation Act [Govemment Code Sec. 7262 et seq.]. 2. Acquisition of Personal Property, Any other Interest in Real Property, an Any Improvements in Real Property Where necessary in the implementation of the Plan, the Agency is authorized to acquir personal property, any other interest in real property, and any improvements on real prope including repurchase of developed property previously owned by Agency by any lawful means." Section 7. The Common Council designates the Redevelopment Plan, as amended b the text of the 2004 Amendment as set forth in Section 6 of this Ordinance (hereinafter, th "Amended Plan"), as the official redevelopment plan for the Uptown Redevelopment Project. Section 8. The Common Council hereby authorizes and provides for the City' expenditure of money to implement the Amended Plan. Section 9. The Agency is hereby vested with the responsibility for carrying out th Amended Plan in accordance with the provisions thereof and of applicable law. Section 10. The Common Council hereby declares its intention to undertake an complete any proceedings necessary to be carried out by, the City under the provisions of th Amended Plan. /1/ 24 -10- P:\ApJtdU\Relellldoas\Rt:lollttll\2004\04-07-19 UptcnnI PH OrdI...ce.doc c 1 2 3 4 5 6 7 8 9 10 11 12 Section 11. The City Clerk shall comply with the applicable procedures of the C with respect to the adoption of this Ordinance, including the transmission of a copy of thi Ordinance to other public entities and the recordation of this Ordinance, or the recordation of Notice of Amended Plan as authorized by the CRL. Section 12. If any section, subsection, subdivision, sentence, clause, phrase, or portio of this Ordinance, is, for any reason, held to be invalid or unconstitutional by the decision of an court of competent jurisdiction, such decision shall not affect the validity of the remainin portions of this Ordinance. The Common Council hereby declares that it would have adopte this Ordinance and each, section subdivision, sentence, clause, phrase, or portion of thi 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 shal cause the same to be published in a newspaper of general circulation as required by law. C 13 III 14 III 15 III 16 III 17 III 18 III 19 III 20 III 21 III 22 III 23 III 24 III C 25 III -11- P:~dns\2lO.f\04.07.t,u"""PHOnU.uau.doc 0 1 2 3 4 5 6 7 8 9 10 11 12 C 13 14 15 25 o 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 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the day of , 2004, by the following vote to wit: Council Members: Ayes Navs Abstain Absent ESTRADA LONGVILLE MCGINNIS DERRY KELLEY JOHNSON MC CAMMACK Rachel G. Clark, City Clerk 16 The foregoing ordinance is hereby approved this 17 day of ,2004. 18 Judith Valles, Mayor City of San Bernardino 19 20 Approved as to form and Legal Content: 21 By: City Attorney 22 23 24 -12- p:~\1ON\04-07.1'UpIowaPHOrdllIaace..doc