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HomeMy WebLinkAbout20-Economic Development Agency o o o ECONOMIC DEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO FROM: Gary Van Osdel Executive Director ~~~yECT: On July 1,2002, 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 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 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 Community 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 Common 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 Common 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 __.!t~_T!:__________________________________________________________________________________ Recommended Motion(s): (Community DeveloDment Commission/Mavor and Common Council) --------------------.---------- Contact Person(s): Gary Van Osdel/Mike Trout Uptown Phone: (909) 663-1044 1,2 and 7 Project Area(s) Ward(s): Supporting Data Attachcd: 0 Staff Report 0 Resolution(s) 0 Ordinance 0 Map(s) 0 Letters/Misc. FUNDING REQUIREMENTS Amount: $ a7 N/A Source: N/A N/A SIGNATURE: COMMISSION MEETING AGENDA Meeting Date: "!-7-0t.( Agenda Item Number: dO P:\Agcndas\Comm Dcv CommiSllion\CDC 2004104-08.16 Uptown SR.doc ~ ~j;hjo't #R39 c o o ___.._______b______________________________._..,,_..~__.__________________________________________________________ .--------------------------------------------------------------------------- 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 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. 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;\Agt:ndas\Corrun Dev Commission\COC 2004\04-08-16 Uptown SR_doc COMMISSION MEETING AGENDA Meeting Date: 08/16/2004 Agenda Item Number: R 3 ~ c o o L_......._.J , ,"-- Jr--' ,=:Jmo--- DL.q~JL_==_l w ,---][' II: I q. [--l L___,~E~I ~ L~-q'--rE31 ![=1rlr-"~ r I J' ...... I =~:. SUBAREA "A" SUBAREA "8" ..-. _m w._ Uptown Redevelopment Project Area C'.u. U"p-n,uA;'H> (',~I;ri'l.I'ni:t 'tigure 2 ECONOMIC DEVELOPMENT AGENCY STAFF REPORT C --------------------------------------------------------------------------------------------------- o o 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 ofthe 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 number of PAC applications submitted. - COMMISSION MEETING AGENDA Meeting Date: 08/16/2004 Agenda Item Number: .f.J!l.... P:\Agendas\Comn Dev Commission\CDC 2004\04-08-16 Uptown SR.doc Economic Development Agency Staff Report Uptown Redevelopment Project Area Plan Amendment Page 2 o 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. o 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. o P:\Agendas\Comm Dev Commission\CDC 2004\04-08-16 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 c 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 ofthe 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. o 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 c P:\Agendas\Comm Dev Convnission\CDC 2004\04-.08-16 Uptown SR.doc COMMISSION MEETING AGENDA Meeting Date: 08/16/2004 Agenda Item Number: ~ Economic Development Agency Staff Report Uptown Redevelopment Project Area Plan Amendment Page 4 c 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 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 (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. o 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. o 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 --. ----------- P'^""du\Co~""C""""",;"\COC2004\04-08-16 Up<o~ SRdoo COMMISSION MEETING AGENDA Meeting Date: 08/16/2004 Agenda Item Number: .e31 Economic Development Agency Staff Report Uptown Redevelopment Project Area Plan Amendment Page 5 c 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 (l2) 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 EIR; 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. C 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. o 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 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 P:\Aaendu\COIm'I Dev Comrrrission\COC 2004\04-08-16 U~wn SR.doc COMMISSION MEETING AGENDA Meeting Date: 08/16/2004 Agenda Item Number: ~ q Economic Development Agency Staff Report Uptown Redevelopment Project Area Plan Amendment Page 6 o 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 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. o 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 o P:\Agendas\Convn Dev Cormnission\CDC 2004\04-08-16 Uptown SR.doc COMMISSION MEETING AGENDA Economic Development Agency Staff Report Uptown Redevelopment Project Area Plan Amendment Page 7 c 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: o That the Community Development Commission and Mayor and Common Council adopt Motion A, B, C, and D. Gary V70Sdel, Executive EXHIBIT: A. Written Responses and Findings to Written and Oral Objections c COMMISSION MEETING AGENDA Meeting Date: 08/16/2004 Agenda Item Nnmber: ,{J q P:\Agendas\Comm Dev Commission\COC 2004\04-08-16 U~ SIt-doc CI 2 013 14 025 (C~~)f ORDINANCE NO. 3 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 4 5 6 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; 7 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: 15 16 17 (i) Common Council Ordinance No. MC-927 on December 19, 1995; and 18 (ii) Common Council Ordinance No. MC-1161 on December I, 2003. 19 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 redevelopment project area of the Uptown Redevelopment Project (the "Project Area") by 20 21 22 23 24 eminent domain; and -1- ...\.............a.....l.t.....ID....I...........'R/U.III\L.M_IOlh...._..Un.-.ll..........d.... c 013 14 025 2 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 3 4 5 6 and the adoption of an amendment to the Redevelopment Plan (the "2004 Amendment") and the 7 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 8 9 10 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 11 12 15 16 17 18 19 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 20 21 22 23 24 -2- P.\..l.....d..\II....I..tinn.\1loIll..tIml.UfltLlNW-07.IQ lInt...... 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C1 2 013 14 025 the "El Mercado Santa Fe Project" and the City General Plan Amendment No. 04-02, and the Common Council has adopted its resolution entitled: 3 "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 8 9 WHEREAS, the Commission has adopted its resolution entitled: 10 "RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO MAKING FINDINGS REGARDING CONDITIONS OF BLIGHT IN THE REDEVELOPMENT PROJECT AREA OF THE UPTOWN REDEVELOPMENT PROJECT, APPROVING THE SECTION 33352 REPORT TO THE MAYOR AND COMMON COUNCIL ON THE 2004 EMINENT DOMAIN AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE UPTOWN REDEVELOPMENT PROJECT AND APPROVING THE 2004 EMINENT DOMAIN AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE UPTOWN REDEVELOPMENT PROJECT"; and II 12 15 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 SAN BERNARDINO DO ORDAIN AS FOLLOWS: 18 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 findings 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:\Al'mdu\Reloludo..\RaoIutlo...uOOC\G4-07-19 VDhI.. PH Ordln.n......d.... C 2 3 4 5 6 7 8 9 10 013 14 025 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 gener welfare of the inhabitants of the City, by enabling the Agency to assemble parcels which ar 11 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 12 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 15 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 16 17 further discussions or consideration as the proposed reinstatement of the Agency' 18 redevelopment powers does not change the content or analysis of the matters covered under suc 19 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: 20 21 22 23 Section 33352(c) Section 33352(d) the Five Year Implementation Plan; why the elimination of blight cannot be accomplished by private party action alone. 24 -4- P:\Aplldu\Reloludou\Relo..tioa.UOO4\.....O.M9 Upl~1I PH Ordlllllace.doc C 2 3 4 5 6 7 8 9 10 11 12 013 14 025 Section 33352(e) Section 33352(t) Section 33352(g) Section 33352(h) method of financing; the relocation plan; analysis of the preliminary plan; report and recommendation of the Planning Commission; Section 33352(j) Section 33352(\) Section 33352(n) general plan conformance; report of the County fiscal officer; and summary 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 ofthe 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 16 public hearing. (b) The Common Council hereby finds and determines that the joint public hearin conducted with respect to the 2004 Amendment was full and fair. 17 18 Section 4. The Common Council hereby finds and determines that: 19 a. The Common Council has previously found and determined in Ordinance No 20 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 finds and determines in connection with it consideration of the 2004 Amendment, the that such fmdings 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 21 22 23 24 -5- P:\AJe.clu\ReloludoD.\RctOIudoaIUOO4\04.07.., Uplo_ PH OnII....u.doc C 2 3 4 5 6 7 8 9 10 11 12 013 14 15 16 17 18 19 20 21 22 23 24 025 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 hinder economically viable use or capacity of the 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 investrnen 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. b. The reinstatement of the power of eminent domain in the Project Area will assis with the redevelopment of the Project Area in conformity with the CRL and is in the interests 0 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. d. The 2004 Amendment will not change the original findings of the Commo 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. e. The adoption and carrying out of the 2004 Amendment will promote the publi 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. -6- P:\AftIldu\Resolado.l\ReIoIutl....UOlW\G4-07-19 Vptowll PH Ordiaance.doe c Cl3 14 025 f. The power to acquire real property by condemnation upon the reinstatement of th 2 Agency's power of eminent domain, as provided for in the 2004 Amendment, is necessary to th 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 California and therefore has a feasible method for the relocation of families and person displaced from the Project Area, if the implementation of the 2004 Amendment should result i the temporary or permanent displacement of any occupants of housing facilities in the Projec Area. 7 8 9 h. The Common Council hereby finds and declares that in the event that any perso 10 II 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 and commercial facilities and at rents or prices within the financial means of such persons an 12 15 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. 16 17 The Common Council hereby finds 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 19 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 20 21 22 23 Sections 33334.5, 33341 and 33413.5. 24 Based upon the information set forth in the Section 33352 J. noncontiguous portion of the Project Area referred to as "Subarea B" is blighted. -7- P:\AftDdaa\ReloluUou\KnohlUonsUOO4\04-07-19 Uptown PH Onll.an(e.doc 01 013 14 025 k. The elimination of blight and the redevelopment of the Project Area in th 2 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 3 4 5 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 standing alone, is too small in size, too irregular in shape, too obsolete in present use 0 configuration or is too adversely affected by other blighting conditions which impair its valu and limit investment of new capital and prevent its economic reuse and redevelopment, all 6 7 8 9 demonstrated in the Section 33352 Report. 10 I. The time limitation on commencement of eminent domain proceedings containe 11 12 in the 2004 Amendment, is reasonably related to projects to be implemented in the Project Are and to the ability of the Agency to eliminate blight within the Project Area. Amendment does not amend or affect any financial provision or other time limitations or amen 15 or affect the limitation on the number of dollars to be allocated to the Agency that are containe in the Redevelopment Plan. 16 Section 5. The Common Council hereby overrules each and every written and ora 17 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 18 19 20 21 22 23 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 24 private enterprises or government action, or both, without redevelopment. -8- P:\APDdu\ReloJlltIoDI\RnohlUOIlI\2OO1\fM-07-19 Uptowa PH Onlll.Dce..doe c 013 14 025 Section 6. The Common Council hereby amends the Redevelopment Plan as follows: 2 Subsection "C. Property Acquisition" of Section "V. PROPOSED REDEVELOPMEN 3 ACTIONS" ofthe Redevelopment Plan is herby amended in its entirety to read as follows: 4 He. Property Acquisition 5 I. 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 including repurchase of property owned by Agency, exchange, cooperative negotiation, 0 9 10 eminent domain. 11 It is in the public interest and is necessary in order to execute this Plan, for the power of eminen 12 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 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 Property already devoted to a public use may be acquired by th c. 20 Agency through eminent domain, but property of a public body shall not be acquired without it 21 consent. 22 The Agency at the request of the Common Council may accept d. 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 III -9- P~\AHIldu\ReIOIut:llNlS\R_"do.I\2004\04-07.19 UD~a PH OrdJnance.doe CI 2 013 14 025 3 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 [Government Code Sec. 7262 et seq.]. 4 5 6 7 8 9 10 2. Acquisition of Personal Property, Any other Interest in Real Property, an 11 12 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." 15 The Common Council designates the Redevelopment Plan, as amended b Section 7. 16 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. 17 18 Section 8. The Common Council hereby authorizes and provides for the City' 19 expenditure of money to implement the Amended Plan. 20 The Agency is hereby vested with the responsibility for carrying out th Section 9. 21 Amended Plan in accordance with the provisions thereof and of applicable law. 22 Section 10. The Common Council hereby declares its intention to undertake an 23 complete any proceedings necessary to be carried out by the City under the provisions of th 24 Amended Plan. III -10- P-.\A.........\R_lotlnnr.\llfsnlatllUll\2ll6f\lM..07.19 Uotowa PH Ordl....CLdoc C 2 3 4 5 6 7 8 9 10 11 12 Section II. 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. 013 III 14 III 15 III 16 III 17 III 18 III 19 III 20 III 21 III 22 III 23 III 24 III 025 III -11- P:\Aoad"\Rnoladoas\Reloladolll\1004\04-07-t!l Up~a PH Ordlllance.doc C 2 3 4 5 6 7 8 9 10 11 12 0 13 14 15 025 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 ESTRADA LONGVILLE MCGINNIS DERRY KELLEY JOHNSON MC CAMMACK 16 The foregoing ordinance is hereby approved this 17 18 19 20 Approved as to form and Legal Content: 22 21 By: .~ 23 24 Abstain Absent Rachel G. Clark, City Clerk day of ,2004. Judith Valles, Mayor City of San Bernardino -12- P:\Almdu\Raolutlo..\RaoIutlols\2004\04-07.19 UploWll PH OnIIDllce.doc . >. .,.FOR OFFICE USE ONLY. HOY.A PUBLIC DOCuME'NT*~1C A "~;;~~~; ';:fJ}'P:' :c:%?f;.;~-:\~?5.iJRc:, ."}:);of7,~;~<":"~1,t::~~:'i;::.\, . ... .c,' '. . CITY OF SAN BERNARDINO :'CITY CLERK'S OFFICE'--'~'~--~"f ,.,,,, RECORDS & INFORMATION MANAGEMENT PROGRAM ~~... -_.~~ .-.t~. ~: ACENDA ITEM TRACKINC FORM Meeting Date/Date Adopted: 9- 7-0 Y Resolution/Ordinance No, MC- / ( \("3 Effective Date: I tJ ~ 5? -0 Y Vote: Ayes:!---(c, Abstai~ 7 Date Sent to Mayor: Date of Mayor's Signature: Date Summary Sent to Attorney: Date Published: 7-13 -0</ Meeting Type:j~ ~ ,,( t1A^-J Continued Fro 0 & Item No. Item No, Ordinance Urgency: Yes Termination/Sunset Date: Nays: .--.4)- Absent: -, /) Date Returned from Mayor: Date of Clerk's Signature: Date Summary Returned from Attorney: Date Seal Impressed: To Whom: / j)(\\ ,/ \ Jtdr '- Date Sent for Signature: Expiration Date: Copies Distributed To: J Exhibits Complete & Attached to Resolution/Ordinance: Reminder letter Sent: Reminder letter Sent: Reminder letter Sent: Request for Council Action & Staff Report Attached: Yes No Notes: ~p';~ M~ - 1//0 ~{~~ d~' t4{! DOCUMENT lOCATlOt+. FOItMS(AIIfIda 111m TtIdcinI Focm-CC FornI No. 111-t.M ~ lV04119lJ6 Ready to File: Date: t#/ '1//J/oti I / I