Loading...
HomeMy WebLinkAbout21-Economic Development Agency < o o o ECONOMIC DEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO FROM: Gary Van Osdel SUBJECT: CENTRAL CITY NORTH Executive Director (C \Q) fD V REDEVELOPMENT PROJECT AREA O PLAN-AMENDED AND RESTATED REDEVELOPMENT PLAN "pA TE'-.- Au~~Q, 2004 _________________________________________________________________ SynoDSis of Preyious Commission/Council/Committee Action(s): On January 24, 2000, the Community Development Commission authorized the Executive Director to prepare plan amendments to reinstate eminent domain in the Central City North, Central City South, Central City East, Uptown and Meadowbrook Project Areas. On October 21, 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 Central City North Project Area and calling for the formation of a Project Area Committee (PAC). On October 21, 2002, the Mayor and Common Council adopted a resolution modifying the scope of the proposed plan amendment to reinstate eminent domain for all properties located within the Central City North Project Area. On April 5, 2004, 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 Central City North 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 Amended and Restated Redevelopment Amendment for the Central City North Redevelopment Project 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 Amended and Restated Redevelopment Amendment for the Central City North Redevelopment Project 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 Bemardino was held to consider an Amended and Restated Redevelopment Amendment for the Central City North Redevelopment Project and _~ertific'!..tion ofti!.e Envir~nm"l!..tal ~~~E.!_~~o_~~_____________________________________________________________ Recommended Motion(s): (Community DeveloDment Commis.ionlMayor and Common Council) Contact Person(s): Gary Van Osdel/Mike Trout Central City North Phone: (909) 663-1044 Project Area(s) Ward(s): Supporting Data Attached: Iil Staff Report Iil Resolution(s) Iil Ordinance Iil Map(s) Iil LettersIMisc. SIGNATURE: FUNDING REQUIREMENTS Source: N/A N/A __ 0- A . - - . - 0. -'IjJ-~~-'1r-::Jte!ff!. p'\Age~2004\04-0g.:16CCNSR.doc COMMISSION MEETING AGENDA Meeting Date: 9- 7 - or Agenda Item Number: ~ ( o o o 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 CENTRAL CITY NORTH REDEVELOPMENT PROJECT; APPROVING THE SECTION 33352 REPORT TO THE MAYOR AND COMMON COUNCIL ON THE 2004 AMENDED AND RESTATED REDEVELOPMENT PLAN FOR THE CENTRAL CITY NORTH REDEVELOPMENT PROJECT AND APPROVING THE 2004 AMENDED AND RESTATED EMINENT DOMAIN AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE CENTRAL CITY NORTH REDEVELOPMENT. 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 AMENDED AND RESTATED PLAN FOR THE CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA. MOTION D: 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 -------------------------------------------------------------- P:\Agendas\Conwn Dev Commission\COC 2004\04-08-16 CCN SR.doc - COMMISSION MEETING AGENDA Meeting Date: 08/1612004 Agenda Item Number: lC/1J ECONOMIC DEVELOPMENT AGENCY STAFF REPORT c Central Citv North Redevelopment Project Area Plan - Amended and Restated Redevelopment Plan BACKGROUND: The Central City North Redevelopment Project Area was established on August 6, 1973 and encompasses approximately 278 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 Central City North Redevelopment Project Area expired on December 8, 1998. On January 24, 2000, the Mayor and Common Council authorized the initiation of an amendment to the Central City North Redevelopment Project Area Plan to re-establish the power of eminent domain over only those properties that are within non-residential land use districts in the General Plan or are currently being used for non-residential purposes. October 21, 2002, the Mayor and Common Council modified the scope of the proposed plan amendment to reinstate eminent domain over all properties within the Central City North Project Area. The proposed amendment would reinstate the power of eminent domain for a period of twelve (12) years. o Reinstating eminent domain in this project area and the Uptown 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. As a result of the Mayor and Common Council modifying the scope of the proposed plan amendment to include all properties within the Central City North Project Area, the Mayor and Common Council approved and adopted the procedures to be used for the formation of a Project Area Committee ("PAC") for the Central City North Redevelopment Project Area and calling upon the citizens of the City to participate in the PAC. 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 P:\Agendas\Conun Dev Commission\COC 2004\04.08-16 CCN SR.doc COMMISSION MEETING AGENDA Meeting Date: 08/16/2004 Agenda Item Number: t.!il- c c o Economic Development Agency Staff Report Central City North Redevelopment Project Area Plan Amended and Restated Redevelopment Plan Page 2 On December 10, 2002, mailers were sent to residents, businesses, organizations and property owners within the Central City North 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 Central City North 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, an environmental impact report was required. On February 10, 2003, mailers were sent to residents, businesses, organizations and property owners within the Central City North Redevelopment Project Area concerning the February 20, 2003 public workshop on the proposed amendment to the Central City North Redevelopment Project Area Plan and PAC information meeting. Additionally, the mailer informed the residents, businesses, organizations and property owners within the Central City North Redevelopment Project Area of the PAC election on April 1, 2003 On February 20, 2003, 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 Central City North Redevelopment Project Area. On March 12, 2003, mailers were sent to residents, businesses, organizations and property owners within the Central City North Redevelopment Project Area concerning the March 26, 2003 scoping meeting for the Environmental Impact Report for the Central City North Redevelopment Project Area informing the community of the scope of the Environmental Impact Report and take comments from the public. On March 26, 2003, Agency staff and the EIR consultant held a combined community scoping meeting for both Central City North and Uptown 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 for the EIR. A normal schedule for the effort would result in a completion and certification of the EIR in March or April 2004. However, due to a turnover in personnel with the EIR consultant, the related traffic studies that would accompany the EIR slipped past the initial deadline. This resulted in the completion and certification schedule to be increased by four months. On April 1, 2003, Agency staff conducted a PAC formation election for the purpose of creating a PAC from property owners, residences and business owners within the Central City North Project Area. However, the election did not take place due to the fact that there was not a sufficient number of PAC applications submitted. PIA.....\Co~Il<.Co~.'~.\CDC 2004104-0&-16 CCN SR."" COMMISSION MEETING AGENDA Meeting Date: 08/16/2004 Agenda Item Number: f <II) Economic Development Agency Staff Report Central City North Redevelopment Project Area Plan Amended and Restated Redevelopment Plan Page 3 c Since there was not a sufficient number of PAC applicants to hold an election and due to the fact that it would be several months before there would be any documents concerning the EIR and amendment to the redevelopment plan for the PAC to review, it was determined to hold off on further action to organize a PAC until there were documents available for review. This would also allow Agency Staff more time to develop support for a PAC formation. On February 5, 2004, mailers were sent to residents, businesses, organizations and property owners within the Central City North Redevelopment Project Area concerning the February 19,2004 PAC information meeting. Additionally, the mailer informed the residents, businesses, organizations and property owners within the Central City North Redevelopment Project Area of the PAC election on March 11, 2004. On February 19, 2004, Agency Staff conduct a PAC formation meeting to explain the need and importance of a PAC. Agency Staff informed those present that being a member of the PAC and working with the PAC provides residents, businesses, organizations and property owners within the project area the opportunity to safeguard their interests and to provide input into the redevelopment process involving their neighborhoods. o On March 11, 2004, Agency staff conducted the PAC formation election in which three (3) individuals were elected thereby forming a PAC for the Central City North Redevelopment Project Area. The election was over seen by the City Clerk's Office. Subsequently, the Mayor and Common Council adopted a resolution, on April 5, 2004, acknowledging the results of the Central City North PAC election. On July 7, 2004, the Central City North PAC voted to recommend to the Mayor and Common Council and the Community Development Commission to adopt the 2004 Amended and Restated Redevelopment Plan for the Central City North 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 thelle were written and oral objections received concerning the adoption of the Amended and Restated Plan for the Central City North Redevelopment Project Area. 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 Central City North Redevelopment Project was adopted in 1973. Conditions of blight which existed at the time of adoption of the Redevelopment Plan were extensive and substantia!. The Redevelopment Project Area of the Central City North 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 to August 6, 2013. o COMMISSION MEETING AGENDA Meeting Date: 08/16/2004 Agenda Item Number: ~ P:\Agendas\Comm Dev Comnission\CDC 2004\04..08-16 CCN SR.doc Economic Development Agency Staff Report Central City North Redevelopment Project Area Plan Amended and Restated Redevelopment Plan Page 4 c The Project Area includes deteriorated commercial frontage lots abutting either side of some of the principal streets in the center of the City. Approximately forty percent (40%) of the properties within the Project Area are for residential use and 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 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. o 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 though one senior housing complex has been completed and another senior housing complex is near completion. Since the time of adoption of the Redevelopment Plan in 1973 little in the way of new improvements of rehabilitation has occurred and nearly one third (1/3) 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, that the owners were compelled to remove them. The proposed Amended and Restated Redevelopment Plan will not only reinstate the Agency's power of eminent domain but also incorporates all previous amendments and current California Redevelopment Law ("CRL"). 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 1973. 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 1973, 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 o P\A..m""\C_""'Co~"~o\COC 2004\04-08-16 CCN S'do< COMMISSION MEETING AGENDA Meeting Date: 08/16/2004 Agenda Item Number: Rtj CJ Economic Development Agency Staff Report Central City North Redevelopment Project Area Plan Amended and Restated Redevelopment Plan Page 5 o 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 Amended and Restated Redevelopment Plan for the Project Area which reinstates the power of eminent domain to August 6, 2013. 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 Amended and Restated Redevelopment Plan for the Project Area. This report to the Council has been prepared in accordance with all requirements of Section 33457.1 and 33352 of the CRL. c 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 the Amended and Restated Redevelopment Plan for the Project Area 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 the Amended and Restated Plan to the Project Area, Amendment to the Uptown Redevelopment Project Area Plan, the Program Environmentallmpact 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 the Amended and Restated Plan to the Project Area. 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 --------------------------~ P:\AgclIdas\Comm Dcv Commission\COC 2004'\004-08-16 CCN SR.OOc COMMISSION MEETING AGENDA Meeting Date: 08/16/2004 Agenda Item Number: if tj a c o o Economic Development Agency Staff Report Central City North Redevelopment Project Area Plan Amended and Restated Redevelopment Plan Page 6 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. I 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 Amended and Restated Redevelopment Plan for the Project Area to the Council. By adopting the attached resolution, the Council will adopt the written responses to written and oral objections to the Amended and Restated Plan for the Project Area. 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 actions. At their meeting of February 5, 2004 the DevelopmentJEnvironmental Review Committee (D/ERC) reviewed the Initial Study prepare 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. P:\Agendas\Comm Dev Commission\CDC 2004\04-08-16 CCN SR.-doc COMMISSION MEETING AGENDA Meeting Date: 08/16/2004 Agenda Item Number: If'lo o o o Economic Development Agency Staff Report Central City North Redevelopment Project Area Plan Amended and Restated Redevelopment Plan Page 7 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 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. FISCAL IMPACT: Based on contracts entered into with consultants for this amendment, the costs will total $132,986. 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. /"'1 A. Written Responses and Findings to Written and Oral Objections P:\Agmdas\Comm Dev Comnission\CDC 2004\04-08-16 CCN Slldoc COMMISSION MEETING AGENDA Meeting Date: 0811612004 Agenda Item Number: If tj () 1 O2 05 t(Q)f)f ORDINANCE NO. 3 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 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; and 7 8 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 13 WHEREAS, the Community Development Commission of the City of San Bernardino (the "Commission") is the governing board of the Agency; and 14 16 WHEREAS, the Mayor and Common Council of the City ("Common Council"), by adoption of Ordinance No. 3366 on August 6, 1973, approved and adopted the Redevelopment Plan for the Central City North Redevelopment Project; and 17 18 WHEREAS, the Common Council has subsequently adopted amendments to the Redevelopment Plan for the Central City North Redevelopment Project as follows: 19 20 21 (i) Common Council Ordinance No. MC-561 on December 8, 1986; 22 (ii) Common Council Ordinance No. MC-719 on April 2, 1990; 23 (iii) Common Council Ordinance No. MC-920 on December 19, 1994; and 24 (iv) Common Council Ordinance No. MC-1154. 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 26 27 redevelopment project area of the Central City North Redevelopment Project (the "Project 028 Area") by eminent domain and to make certain other technical amendments to the 4849-6983-1424.2 -1- P:\Agendas\Resolutions\Resolutions\2004\04-08-16 CCN Ordinance 2004 Amendment.doc I O2 015 028 3 Redevelopment Plan, including the rescission of the special development regulations contained in the Redevelopment Plan affecting lands in the Project Area so that all new development in the Project Area must conform to the applicable provisions of the City's current General Plan and current zoning and development regulations, and updating certain other provisions of the Redevelopment Plan as relating to the relocation of persons and businesses who may be displaced from the Project Area and updating the provisions relating to affordable housing in accordance with current provisions of the CRL; and 4 5 6 7 8 WHEREAS, the 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 other technical amendments and restatements of the Redevelopment Plan (the "2004 Amended and Restated Redevelopment Plan") 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 9 10 11 12 13 14 16 17 18 WHEREAS, the 2004 Amended and Restated Redevelopment Plan does not propose to modify the boundaries of the Project Area or change any of the financial provisions of the Redevelopment Plan. The 2004 Amended and Restated Redevelopment Plan is focused solely on: (i) the reinstatement of the Agency's eminent domain authority with respect to all property in the Project Area to a new date of August 6, 2013 following the adoption of the ordinance of the Common Council adopting the 2004 Amended and Restated Redevelopment Plan; (ii) the rescission of the special land development regulations contained in the Redevelopment Plan affecting lands in the Project Area so that all new development in the Project Area must conform to the applicable provisions of the current City General Plan and current zoning and development regulations; and (iii) updating certain other provisions of the Redevelopment Plan as relate to the relocation of persons and businesses who may be displaced from the Project Area 19 20 21 22 23 24 25 26 27 4849-6983-1424.2 -2- P:\Agendas\Resolutions\Resolutions\2004\04-08-16 CCN Ordinance 2004 Amendmenldoc 1 02 015 028 and updating certain provisions of the Redevelopment Plan relating to affordable housing in accordance with current provisions of the CRL; and 3 WHEREAS, the Common Council consented to hold a joint public hearing with the Commission with respect to the 2004 Amended and Restated Redevelopment Plan, at which public hearing any and all persons having any objection to the 2004 Amended and Restated Redevelopment Plan or the Final Program Environmental hnpact Report described below, or the regularity of any prior proceedings concerning the 2004 Amended and Restated Redevelopment Plan, would be allowed to appear before the Commission and the Common Council and show cause why the 2004 Amended and Restated Redevelopment Plan should not be adopted; and 4 5 6 7 8 9 10 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 Amended and Restated Redevelopment Plan; and 11 12 13 WHEREAS, a Final Program Environmental Impact Report has been prepared III connection with the consideration and approval of the 2004 Amended and Restated Redevelopment Plan, and the Common Council has adopted its resolution entitled: 14 16 17 "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 18 19 20 21 22 23 24 WHEREAS, the Commission has adopted its resolution entitled: 25 "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 AMENDED AND RESTATED EMINENT DOMAIN AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE CENTRAL CITY NORTH REDEVELOPMENT -3- 26 27 4849-6983-14242 P:\Agendas\Resolutions\Resolutions\2004\04-08-16 CCN Ordinance 2004 Amendment.doc I 02 015 028 PROJECT AND APPROVING THE 2004 AMENDED AND RESTATED EMINENT DOMAIN AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE CENTRAL CITY NORTH REDEVELOPMENT PROJECT"; and 3 4 WHEREAS, all legal prerequisites to the passage of this Ordinance have occurred and been taken in accordance with applicable law. 5 6 NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: 7 8 SECTION 1. The facts set forth in the Recitals of this Ordinance are true and correct 9 and are hereby made part ofthe findings and determinations ofthe Common Council as relate to the approval of the 2004 Amended and Restated Redevelopment Plan. 10 11 12 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 Amended and Restated Redevelopment Plan. The purpose and intent of the Common Council 13 14 16 with respect to the 2004 Amended and Restated Redevelopment Plan is to eliminate and prevent 17 the spread of blight in the Project Area. The reinstatement of the Agency's eminent domain 18 authority with respect to all property in the Project Area until August 6, 2013 following the adoption of this Ordinance is necessary and appropriate to achieve this purpose and intent. The 2004 Amended and Restated Redevelopment Plan 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 rescission of certain special development regulations in the Redevelopment Plan applicable to land in the Project Area and in the updating of certain other provisions of the Redevelopment Plan relating to relocation and affordable housing in accordance with current provisions of the CRL, the 2004 Amended and 19 20 21 22 23 24 25 26 27 4849-6983-1424.2 -4- P:\Agendas\Resolutions\Resolutions\2004\04-o8~16 CCN Ordinance 2004 Amendmentdoc 02 C15 16 028 Restated Redevelopment Plan does not add territory to the Project Area or make any other revision to the Redevelopment Plan. 3 SECTION 3. (a) The Common Council hereby acknowledges its receipt of the written report, dated July 2004, on the 2004 Amended and Restated Redevelopment Plan 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 Amended and Restated Redevelopment Plan 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 Amended and Restated Redevelopment Plan 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 1973. The subsections of the Section 33352 Report relating to the 2004 Amended and Restated Redevelopment Plan where substantive analysis is not required at this time are identified as follows: 4 5 6 7 8 9 10 II 12 13 14 17 the Five Year hnplementation 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; 18 Section 33352(c) Section 33352(d) 19 20 Section 33352(e) Section 33352(f) Section 33352(g) Section 33352(h) 21 22 23 24 25 report ofthe 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 ofthe foregoing subsections. 26 Section 33352(1) Section 33352(n) 27 4849-6983-1424.2 -5- P:\Agendas\Resolutions\Resolutions\2004\04...Q8-16 CCN Ordinance 2004 Amendment.doc 8 fair. 9 10 11 12 13 14 015 16 17 18 19 20 21 22 23 24 25 26 27 28 0 1 02 3 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 public hearing. 4 5 6 (b) The Common Council hereby finds and determines that the joint public hearing conducted with respect to the 2004 Amended and Restated Redevelopment Plan was full and 7 SECTION 4. The Common Council hereby finds and determines that: a. The Common Council has previously found and determined in Ordinance No 3366, 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 Amended an Restated Redevelopment Plan, that such findings and determinations originally se forth in Ordinance No. 3366 continue to be valid. Conditions of blight in th Project Area as originally observed at the time of adoption of the Redevelopmen Plan remain in existence, which blighting conditions as observed in 2004 includ depreciated and/or stagnant property values or impaired investments (3335 Report pages [B-3 to B-4], deteriorated and dilapidated buildings (33352 Repo pages [B-4 to B-I2]), substandard design that prevents or substantially hinde economically viable use or capacity of the buildings or lots (33352 Report page [B-13 to B-I5]) mixed and incompatible commercial, industrial and residentia uses (33352 Report pages [B-I2 to B-13]), lots of irregular form and size creatin a hindrance to future development (33352 Report pages [B-13 to B-I4]) prevalence of absentee owners having detrimental effects on building condition and their maintenance (33352 Report page [B-I4]), prevalence of building an zoning code violations (33352 Report pages [B-I5 to B-I7]), high levels 0 serious criminal offenses in the Project Area (33352 Report pages [B-I8 to B 4849-6983-1424.2 -6- P:\Agendas\Resolutions\Resolutions\2004\04-08-16 CCN Ordinance 2004 Amendment.doc 1 02 015 028 3 20]), and economic factors constituting blight including unusually high rente ratios, a low median income, abnormally high business vacancies, declining sale tax revenues and declining statistics regarding the numbers of retail and renta sales licenses issued (33352 Report pages [B-2l to B24]). In 2004 the Projec Area displays symptoms of both "physical and economic blight" as these term are defined in CRL Section 33031. 4 5 6 7 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. 8 9 10 The adoption and carrying out of the 2004 Amended and Restated Redevelopment Plan remains economically sound and feasible for the same reasons as indicated at the time when the Redevelopment Plan was adopted. c. 11 12 13 14 d. The 2004 Amended and Restated Redevelopment Plan 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, and the 2004 Amended and Restated Redevelopment Plan rescinds the special land development standards contained in the Redevelopment Plan in order to clarify that all new development in the Project Area must conform to the current City General Plan and current City zoning and development standards. 16 17 18 19 20 21 22 e. The adoption and carrying out of the 2004 Amended and Restated Redevelopment Plan 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. 23 24 25 26 27 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 Amended 4849-6983-1424.2 -7- P:\Agendas\Resolutions\Resolutions\2004\04-QS-16 CCN Ordinance 2004 Amendment.doc I 02 015 16 28 o 3 4 5 6 7 8 9 10 11 12 13 14 17 18 19 20 21 22 23 24 25 26 27 4849-6983-1424.2 and Restated Redevelopment Plan, 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. g. 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 and persons displaced from the Project Area, if the implementation of the 2004 Amended and Restated Redevelopment Plan should result in the temporary or permanent displacement of any occupants of housing facilities in the Project Area. h. 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. 1. 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. DweIIing 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. J. The elimination of blight and the redevelopment of the Project Area in the absence of the 2004 Amended and Restated Redevelopment Plan is not P:\Agendas\Resolutions\Resolutions\2004\04-08-16 CCN Ordinance 2004 Amendment.doc -8- I 02 015 16 28 o 3 reasonably expected to be accomplished by private enterprise acting above without the aid and assistance available to the Agency under the 2004 Amended and Restated Redevelopment Plan in light of the fact that blight continues to 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. 4 5 6 7 8 9 10 II k. The time limitation on commencement of eminent domain proceedings contained in the 2004 Amended and Restated Redevelopment Plan, 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 Amended and Restated Redevelopment Plan does not amend or affect any financial provisions or 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. 12 13 14 17 18 19 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 Written and Oral Objections to the Amended and Restated Redevelopment Plan for the Central City North Redevelopment Project." 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 Amended and Restated Redevelopment Plan, as submitted to the Common Council prior to the close of the 20 21 22 23 24 25 26 joint public hearing which preceded the adoption of this Ordinance. 27 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 4849-{;983.1424.2 -9- P:\Agendas\R.esolutions\Resolutions\2004\04-08-16 eCN Ordinlnce 2004 Amendment.doc I 02 015 16 .28 o 3 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. 4 5 SECTION 6. The Common Council hereby approves and adopts the Amended and Restated Redevelopment Plan in the form attached to this Ordinance as Exhibit "A" and incorporated herein by this reference. 6 7 8 SECTION 7. The Common Council designates the text of the 2004 Amended and Restated Redevelopment Plan as referenced in Section 6 and as set forth in Exhibit "A" of this Ordinance (hereinafter, the "Amended Plan"), as the official redevelopment plan for the Central City North Redevelopment Project. 9 10 11 12 13 SECTION 8. The Common Council hereby authorizes and provides for the City's expenditure of money to implement the Amended Plan. 14 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. 17 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. 18 19 20 SECTION 11. 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. 21 22 23 24 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 25 26 27 4849-6983-1424.2 -10- P:\Agendas\Resolutions\R.esoJutions\2004\04-DS-16 CCN Ordinance 2004 Amendment.doc I el2 015 16 28 o Ordinance, irrespective of the fact that one or more sections, subdivisions, sentences, clauses, phrases, or portions of this Ordinance be declared invalid or unconstitutional. 3 SECTION 13. The City Clerk shall cause a certified copy of this Ordinance to be transmitted to the Agency. 4 5 6 SECTION 14. 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. 7 8 9 10 11 12 13 14 17 18 19 20 21 22 23 24 25 26 27 4849-6983-1424.2 -11- P:\Agendas\Resolutions\Resolutions\2004\04-QS-16 CCN Ordinance 2004 Amendmentdoc 1 02 015 16 28 o 3 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 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: Abstain Absent Aves Navs 8 9 ESTRADA LONGVILLE MCGINNIS DERRY KELLEY JOHNSON MC CAMMACK 10 11 12 13 14 17 Rachel G. Clark, City Clerk 18 The foregoing ordinance is hereby approved this day of ,2004. 19 20 21 Judith Valles, Mayor City of San Bernardino 22 Approved as to form and Legal Content: 23 By: 24 25 26 27 4849-6983-1424.2 -12- P:\Agendas\Resolutions\Resolutions\2004\04-08~16 CCN Ordinance 2004 Amendment.doc 0 2 3 4 5 6 7 8 9 10 11 12 13 14 C15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 4849-6983-1424.2 EXHIBIT "A" 2004 Amended and Restated Redevelopment Plan for the Central City North Redevelopment Project P:\Agendas\Resolutions\Resolutions\2004\04..QS-16 CCN Ordinance 2004 Amendment.doc -13- /-.; ,.' ._' _ . _ .,r..xnl.ln.~ A ~: :. * *. .fOR OFFICE USE OHL Y - NOT"A PUBLIC DOCUMEHTu."~ '; ~~:: ' , .~!~?;; ';;:~5!;r! ,,' ':Jf.Ji'~;' N1i:~'!i~J!';., "';~:':"3YF';:~"':"~'4~;;.~jrf:"?\:t~!,*y~' . ',cO' "CITY OF SAN BERNARDINO :'CITY ClERK'SOFFICE'~-'~'~--~"" " "-:" RECORDS & INFORMATION MANAGEMENT PROGRAM ,. ..,.., Effective Date: Vote: Ayes: AGENDA ITEM TRACKING FORM Cf- 7-0 V /l1C - II?' 2- /0-')(--0<( )-7 B Item No. .;2.1 Meeting Date/Date Adopted: Resolution/Ordinance No. Abstai", Ordinance Urgency: Yes TenninationlSunset Date: --G- -GJ- ~ ' '-b-:J..O(3 Date Published: Meeting Type: Continued FromfT Nays: Absent: Date Sent to Mayor: Date of Mayor's Signature: Date Returned from Mayor: Date of Clerk's Signature: Date Summary Returne from Attorney: Y'loy Date Seal Impressed: Date Sent for Signature: Expiration Date: Copies Distributed To: To Whom: \ . ;$~ D~~ ~,.--- (~. (-1' ~ ~. EO/!-' J,ur-.J/~. ~ ~ ..J --/ .-/ /.........--......., _L..-L--~ 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: JvI".I;~ /~-- - ;I/o ~(~...I,k /tL2;r':"/ Ready to File: i) fJ4J Date: c;lj/o Y / DOCUMENT lOCATION: fOItMSIAIIftU 111m TradUnI Fonn .cc FamI No. 111 ~ UK \.IlIdIIed: 1210411996