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HomeMy WebLinkAbout19-Economic Development Agency ECONOMIC DEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO FROM: Gary Van Osdel ~>t. ExecutlVe Dlfectt fi 0 REDEVELOPMENT PROJECT AREA PLAN ~ AMENDMENT - REINST ATE EMINENT DOMAIN .}?_^-IEo:_______~_~X}_~__2_QQ~________ ------------------ ----- ---------------------------------------------------------------------------------------------- ---------------------- Svnopsis of Previous Commission/Council/Committee Action(s): On February 20, 2003, Redevelopment Committee Members Anderson, Suarez and Estrada unanimously voted to recommend to the Community Development Commission that a joint public hearing be scheduled with the Mayor and Common Council for amendment to the State College Redevelopment Project Area plan. On April 7, 2003 the Community Development Commission of the City of San Bernardino approved a resolution setting a date and time, May 19, 2003 at 7:00 p.m. for a joint public hearing to consider an amendment to reinstate eminent domain and adoption of a Negative Declaration. (in April 7, 2003 the Mayor and Common Council of the City of San Bernardino approved a resolution setting a date and time, May 19, 2003 at 7:00 p.m. for a joint public hearing to consider an amendment to reinstate eminent domain and adoption of a Negative Declaration. On May 19, 2003, the Community Development Commission of the City of San Bernardino approved a motion to reschedule the joint public hearing with the Mayor and Common Council to June 2, 2003 at 7:00 p.m. _______4_______~___.____._____~____.___._..___..__________+.___._.____~_________+~___._________..____________________n__________________________.._________________.___------------- Recommended Motion(s): OPEN JOINT PUBLIC HEARING CLOSE JOINT PUBLIC HEARING (Community Development CommissionlMavor and Common Council) IF WRITTEN OR ORAL OBJECTIONS ARE PRESENTED MOTION A: THAT THE HEARING BE CLOSED; THAT WRJTTEN OBJECTIONS TO THE 2003 EMINENT DOMAIN AMENDMENT BE CONSIDERED; AND THAT WRJTTEN FINDINGS BE PREPARED IN RESPONSE THERETO AS APPLICABLE AND BE PRESENTED AT THE NEXT REGULAR MEETING. OR (SEE NEXT PAGE) ------------------------------------------..-------------------~-----------------_.----_.---_.----------._-------------------------------------------------------------.--- Contact Person(s): Project Area(s) Gary Van OsdellMike Trout State College Phone: (909) 663-1044 Ward(s): 5 and 6 Supporting Data Attached: Ii! Staff Report "'" Resolution(s) "'" Ordinance"'" Map(s) "'" LetterslMisc. FUNDING REQUIREMENTS Amount: $ N/A Source: N/A SIGNATURE: Budget Authority: N/A _4'- ry Van asdel, Executive Director __________________________________.~_____..____.______.___d.._______..._____._________________________________._____________u_____.._____...._______________.._________.____________..______u._____ ._____________.___________________________________________..________._____...____________________________________________________________________________..____________0---..---.. P:\Clerical Sen-ices Dcpt\Margaret ParkeMgenda\CDC 2003\03-06-02 State College Public Hearing.doc COMMISSION MEETING AGENDA Meeting Date: & 11ft, 103 Agenda Item Number: / c; IF NO WRITTEN ORAL OBJECTIONS ARE PRESENTED MOTION B: THAT THE HEARING BE CLOSED; THAT SAID RESOLUTION BE ADOPTED AND THAT SAID ORDINANCE BE LAID OVER FOR FINAL ADOPTION RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, MAKING A FINDING THAT CONDITIONS OF BLIGHT BURDEN THE REDEVELOPMENT PROJECT AREA OF THE STATE COLLEGE REDEVELOPMENT PROJECT, APPROVING THE SECTION 33352 REPORT TO THE MAYOR AND COMMON COUNCIL ON THE 2003 EMINENT DOMAIN AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE STATE COLLEGE REDEVELOPMENT PROJECT, APPROVING THE 2003 EMINENT DOMAIN AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE ST ATE COLLEGE REDEVELOPMENT PROJECT AND ADOPTING A NEGATIVE DECLARATION IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ADOPTING THE 2003 EMINENT DOMAIN AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE ST ATE COLLEGE REDEVELOPMENT PROJECT AND ADOPTING A NEGATIVE DECLARATION IN ACCORDANCE WITH THE CALIFORNIA ..............................!'.tl.\l.!!lPI'J.~.gl'l:r.~~.Q!:1~.I:r.Y..~.q:............_.._......................_............................-........................"''''...''. .>. ...____________.._d_______.__________________.______.__..____________________..__________________..._____..________u__...__.______...._____._._______..___________.__.------.------ P:\Cleri,al Services DepI\Margarcl ParkerlAgenda\CDC 2003\03-06-02 Slate College Public Hearing.doc COMMISSION MEETING AGENDA Meeting Date: 06/0212003 Agenda Item Number: ~ ECONOMIC DEVELOPMENT AGENCY ST AFF REPORT ----------------------------------------------------------------------------------------------------------------------------------+-----------_...-----------------~---------_.--------------------- Joint Public Hearinl! - State ColIel!e Redevelopment Project Area Plan Amendment - Reinstate Eminent Domain BACKGROUND: With the improving local economy, the Agency is seeing increasing development interest throughout the City. The State College Redevelopment Project Area, established on April 27, 1970 and encompassing approximately 1,800 acres, is an area in which there is great interest. In recognition of these trends, 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 State College Redevelopment Project Area expired on January 1, 1999. On March 18, 2002, the Mayor and Common Council authorized the initiation of an amendment to the State College 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. The proposed amendment (referred to as the "2003 Amendment") would reinstate the power of eminent domain until the end of the Redevelopment Plan or approximately 7 years from now. No resident homeowner or apartment resident or residential occupant will be displaced by the 2003 Amendment. No plans exist at the present time which may result in the purchase or condemnation of any commercial or industrial use properties. On July 24, 2002, Agency Staff conducted a public information workshop to present the proposed amendment, explain the process, and answer questions from attendees. This workshop was announced by mailed notice to owners of land in the redevelopment project are of the State College Redevelopment Project and to all occupants of property - both commercial and residential. Six people attended the workshop. On April 7, 2003, the Mayor and Common Council and Community Development Commission of the City of San Bernardino formally scheduled a joint public hearing for May 19, 2003 at 7:00 p.m. to consider a proposed amendment to the redevelopment plan reinstating eminent domain and adoption of a Negative Declaration. On April 17, 2003, mailers were sent to residents, businesses, organizations, and property owners within the State College Redevelopment Project Area concerning the public hearing set for May 19, 2003 at 7:00 p.m. On April 29, 2003, mailers were sent to residents, businesses, organizations and property owners within the State College Redevelopment Project Area concerning the change of date for the public hearing to June 2, 2003 at 7:00 p.m. _________________..____________________________________________.________.____~___._.___.__._.._n__.____.______--------------......--------------------------------...---------------- p:\Clerical Services Dept\Margarcl ParkeMgenda\CDC 2003\03-06-02 State College Public Hearing,doc COMMISSION MEETING AGENDA Meeting Date: 06/0212003 Agenda Item Number: -W- Economic Development Agency Staff Report State College Redevelopment Project Area Plan Amendment Page 2 CURRENT ISSUE: 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 2003 Amendment to assist the Council in its consideration and in making various findings and determinations that are legally required to adopt the 2003 Amendment. This report to Mayor and Common Council has been prepared in accordance with all requirements of Section 33457.1 and 33352 of the CRL. During the joint public hearing the Commission and the Council will consider the information presented by the Agency Staff and consultants regarding the Report and the 2003 Amendment. Testimony and comments of interested members of the public will also be received. If one or more written objections are presented to the Council before or during the joint public hearing on June 2, 2003, a written response to such written objections must be prepared and considered before the 2003 Amendment may be adopted. By adopting the attached resolution of the Community Development Commission at the conclusion of the joint public hearing, the Commission will approve the Report and the proposed eminent domain amendment and authorize Agency Staff to transmit the Report to Mayor and Common Council and the 2003 Eminent Domain Amendment to the Mayor and Common Council. ENVIRONMENT AL IMPACT: An Initial Study has been prepared which indicates that no significant affect on the environment will occur as a result of the adoption of the 2003 Amendment. Therefore, a Negative Declaration is proposed under the California Environmental Quality Act for the 2003 Amendment. A de mininus finding is also proposed as the 2003 Amendment will not have any adverse affect on wildlife or wildlife habitat. FISCAL IMPACT: Based on contracts entered into with consultants for this amendment, the costs will total $29,379. Funds for this activity have been approved and budgeted. ___.__.___________________.______________.___________~___..___________.._-*___-*0___________________-*_.________________________________d_________________________________--_.- P:\Clerical Services Dept\Margaret Parlu:r\AgendaICDC 2003103-06-02 Slate College Public Hearing_doc COMMISSION MEETING AGENDA Meeting Date: 06/02/2003 Agenda Item Number: UL Economic Development Agency Staff Report State College Redevelopment Project Area Plan Amendment Page 3 RECOMMENDATIONS: That the Community Development Commission and Mayor and Common Council adopt Motion A or Motion B. t, Gary Van Os \ {r\.) ,. EXHIBITS: I. Redevelopment Project Area Map 2. Text ofthe Proposed 2003 Amendment 3. Report to the Mayor and Common Council 4. Copies of Written Objections Received by May 22, 2003 5. Negative Declaration and Initial Study 6. Resolution of the Community Development Commission 7. Ordinance of the Mayor and Common Council 8. Certification of Mailing and Copy of Newsletter 9. Certification of Notice and Copy of Notice p:\Clcrical Services Dept\Margarel Parker\Agenda\CDC 2003\03-06-01 Slale College Public Hearing,doc ....---.-----------------------.------.------------------------------------------------------------..---------------------------------------------------------------------------------- COMMISSION MEETING AGENDA Meeting Date: 06/02/2003 Agenda Item Number: Jt;ll .,", 8 (CotPV ORDINANCE NO. 2 3 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ADOPTING THE 2003 EMINENT DOMAIN AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE STATE COLLEGE REDEVELOPMENT PROJECT AND ADOPTING A NEGATIVE DECLARATION IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT 4 5 6 7 WHEREAS, the City of San Bernardino ("City") is a charter city and municipa corporation organized and existing under the Constitution and laws of the State of California' and 9 10 WHEREAS, the Redevelopment Agency of the City of San Bernardino ("Agency") is public body, corporate and politic, organized and existing under the California Communi Redevelopment Law, Division 24, Part I of the California Health and Safety Code (Health Safety Code 9 33000 et seq.) ("CRL"); and WHEREAS, the Mayor and Common Council of the City ("Common Council"), b adoption of Ordinance No. 3067, approved and adopted the Redevelopment Plan for the Stat College Redevelopment Project; and WHEREAS, the Common Council has subsequently adopted amendments Redevelopment Plan for the State College Redevelopment Project as follows: 11 12 13 \4 15 16 17 18 \9 20 (i) (i) (i) Common Council Ordinance No. MC-560; and Common Council Ordinance No. MC-725; and Common Council Ordinance No. MC-925; and 21 22 WHEREAS, the Redevelopment Plan for the State College Redevelopment Project a adopted by Common Council Ordinance No. 3067 and as amended by Common Counci Ordinance No. 560, and as further amended by Common Council Ordinance No. 725 and a further amended by Common Council Ordinance No. 925 is referred to herein as th 23 24 25 26 27 "Redevelopment Plan"; and 28 4846-7818-0608.\ .c::/.,.,lni: 11.'1('l jrnrn I ..., 8 ~ ,'~ . 2 WHEREAS, the Common Council has initiated proceedings for the adoption of the 2003 Eminent Domain Amendment to the Redevelopment Plan (the "2003 Amendment"); and WHEREAS, the Redevelopment Plan delineates the redevelopment project area for th State College Redevelopment Project (the "Project Area"); and WHEREAS, the 2003 Amendment does not propose to modify the boundaries of th Project Area but rather proposes to amend the Redevelopment Plan to extend the Agency' eminent domain authority with respect to all non-residential portions ofthe Project Area until th fortieth (40th) anniversary of the adoption of the Redevelopment Plan, as originally approved b Common Council Ordinance No. 3067; and 3 4 5 6 7 9 10 WHEREAS, the Common Council consented to hold a joint public hearing with th II Community Development Commission of the City of San Bernardino (the "Commission"), as th 12 governing board of the Agency, with respect to the 2003 Amendment, at which hearing any an 13 all persons having any objections to the 2003 Amendment, or the regularity of any prio 14 proceedings concerning the 2003 Amendment, would be allowed to appear before th 15 Commission and the Mayor and Common Council and show cause why the 2003 Amendmen 16 should not be adopted; and l7 WHEREAS, notice of the joint public hearing of the Commission and Mayor an 18 Common Council with respect to the 2003 Amendment and the Negative Declaration prepare therefore in accordance with the California Environmental Quality Act ("CEQA") was given i 19 20 accordance with applicable law; and 21 WHEREAS, the joint public hearing of the Commission and Mayor and Commo Council was duly held on June 2, 2003; and WHEREAS, all legal prerequisites to the passage of this Ordinance have occurred an been taken in accordance with applicable law; 22 23 24 25 //1 1// //1 26 27 28 4846-7818-0608.1 .(n'"n1. 11.1.() inun 2 :'0'. 8 2 NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY 0 SAN BERNARDINO DOES ORDAIN AS FOLLOWS: 3 SECTION 1. The purposes and intent of the Common Council with respect to the 2003 4 Amendment is to extend the time limit on the Agency's exercise of eminent domain authori with respect to certain non-residential portions of the Project Area thereby protecting an promoting the sound redevelopment of the Project Area and the general welfare of th inhabitants of the City by providing a method of property acquisition through the potential use 0 eminent domain in order for the Agency to be able to assemble parcels and attract redevelopmen interest by insuring its ability to deliver property for redevelopment purposes. SECTION 2. The Common Council hereby finds and determines that: a. All facts set forth in the above Recitals are true and correct. 5 6 7 9 10 II 12 b. The Common Council has previously found and determined in Ordinance No. 3067 that the Project Area is a blighted area, the redevelopment of which is necessary t effectuate the public purposes declared in the CRL. The Common Council hereby further find and determines that (i) such findings and determinations set forth in Ordinance No. 3067 ar final and, (ii) the 2003 Amendment does not add territory to the Project Area or make any othe revisions to the Redevelopment Plan that affect these previously-made findings determinations, (iii) such previously made findings and determinations remain valid effective, and (iv) no further finding or determination concerning blight in the Project Area i required for the 2003 Amendment. c. The Redevelopment Plan, as amended by the 2003 Amendment, will assist wi the redevelopment of the Project Area in conformity with the CRL and in the interests of th public peace, health, safety, and welfare. d. The adoption and carrying out of the 2003 Amendment is economically sound an feasible. e. The 2003 Amendment is consistent with and conforms to the General Plan ofth City including but not limited to the Housing Element ofthe General Plan. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4846-7818-0608. I ,,11?m1 11-10 imm 3 2 3 4 5 6 7 >. 8 9 10 \l \2 13 14 15 16 17 \8 19 20 21 22 23 24 25 26 27 28 f The carrying out of the 2003 Amendment will promote the public peace, health safety, and welfare of the City and would effectuate the purposes and policies ofthe CRL. g. The condemnation of real property, as provided for in the Redevelopment Plan a amended by the 2003 Amendment, is necessary to the execution of the Redevelopment Plan an adequate provisions have been made for payment for property to be acquired, if any, as provide bylaw. h. The Common Council, in Ordinance No. 3067, found and determined that th Agency has a feasible method and plan for the relocation of families and persons displaced fro the Project Area, if the implementation of the Redevelopment Plan should result in the tempor or permanent displacement of any occupants of housing facilities in the Project Area. Th Common Council finds and determines that (i) such findings and determinations set forth i Ordinance No. 3067, are final and conclusive; (ii) the 2003 Amendment does not add territory t the Project Area or make any other revisions to the Redevelopment Plan that affect thes previously-made findings and determinations; (iii) such previously-made findings an determinations remain valid and effective; (iv) the implementation of the Redevelopment PI pursuant to the 2003 Amendment will not result in the displacement of any person or househol residing in a dwelling unit in the Project Area by exercise of eminent domain; and (v) no furthe finding or determination concerning the foregoing is required for the 2003 Amendment. \. The Common Council, in Ordinance No. 3067, found and determined that ther are or are being provided in the Project Area, or in other areas not generally less desirable i regard to public utilities and public and commercial facilities, and at rents or prices within th financial means of the families and persons displaced from the Project Area, if any, decent, safe and sanitary dwellings equal in number to the number of and available to the displaced familie and persons and reasonably accessible to their places of employment. The Common Counci finds and determines that (i) such findings and determinations set forth in Ordinance No. 3067 are final and conclusive; (ii) the 2003 Amendment does not add territory to the Project Area 0 make any other revisions to the Redevelopment Plan that affect these previously-made finding and determinations; (iii) such previously-made findings and determinations remain valid an 4846-7818-0608.1 5/22/03 II :30 jrrun 4 2 effective; (iv) the implementation of the Redevelopment Plan pursuant to the 2003 Amendmen will not result in the displacement of any person or household residing in a dwelling unit in th Project Area by exercise of eminent domain; and (v) no further finding or determinatio concerning the foregoing is required for the 2003 Amendment. 3 4 5 Families and persons shall not be displaced following the adoption of the 2003 J. 6 Amendment prior to the adoption of a relocation plan pursuant to California Health and Safet 7 Code Sections 33411 and 33411.1, and dwelling units housing persons and families of low 0 >_ 8 moderate income shall not be removed or destroyed prior to the adoption of a replacemen 9 housing plan pursuant to California Health and Safety Code Sections 33334.5, 33413, an 10 33413.5. 11 The time limitation on commencement of eminent domain proceedings containe k. 12 in the Redevelopment Plan, as amended by the 2003 Amendment, is reasonably related t projects to be implemented in the Project Area and to the ability of the Agency to eliminat blight within the Project Area. The 2003 Amendment does not amend or affect any other tim limitations or amend or affect the limitation on the number of dollars to be allocated to th 13 14 15 16 Agency that are contained in the Plan as amended by the 2003 Amendment. SECTION 3. The Common Council hereby approves the 2003 Amendment: Subparagraph f of paragraph 2 of Section D of the Redevelopment Plan amended to read as follows: 17 18 19 20 "[EDITORS NOTE: SECTION D. URBAN RENEWAL POWERS TO B EXERCISED TO ACHIEVE PLAN OBJECTIVES...j 21 22 [EDITOR'S NOTE: 2. Acquisition and Clearance... j 23 f. The Redevelopment Agency may acquire, purchase, lease, obtain option, 0 otherwise acquire any interest in real property, and any improvements on it by an means authorized by law, including by gift, grant, exchange, purchase cooperative negotiations, lease, and any other means authorized by law includin the use of eminent domain for purposes of redevelopment in the Project Area a authorized by law. Notwithstanding the provisions of the preceding sentence, th Redevelopment Agency shall not acquire by eminent domain any property withi the Project Area on which as of the date when the Redevelopment Agenc transmits its written offer to acquire such property to the owner thereof i accordance with Government Code Section 7267.2, or other applicable law 24 25 26 27 28 4846-7818-0608.1 5/22/03 11 :30 imm 5 2 3 4 5 6 7 ,. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 person or persons reside, nor shall the Redevelopment Agency acquire by eminen domain any property which is either designated under applicable General Plan 0 zoning regulations as residential property. With regard to the time period to exercise the Redevelopment Agency's power 0 eminent domain within the Project Area, the Agency shall not initiate lega proceedings to acquire an interest in real property by the exercise of the power 0 eminent domain after April 27, 2010. The Redevelopment Agency is not authorized to acquire real property in th Project Area owned by a public entity, which does not consent to suc acquisition. The Redevelopment Agency may transfer real property which it h acquired from another public entity to private ownership before th Redevelopment Agency completes land disposition within the entire Project Area provided however that the Redevelopment Agency and such private owner shal have first entered into a participation agreement relating to the redevelopment 0 such property. The Redevelopment Agency shall not acquire real property on which an existin building is to be continued on its present site and in its present form and us without consent of the owner, unless (1) such building requires structura alterations, improvement, modernization or rehabilitation, or (2) the site or lot 0 which the building is situated requires modification in size, shape or use, or (3) i is necessary to impose upon such property any of the standard, restrictions an controls of the Plan and the owner fails or refuses to participate in the Plan b . .., " executmg a partiCipatIOn agreement [EDITOR'S NOTE: end text of amendment to Redevelopment Plan reinstating eminen domain powers of the Agency] SECTION 4. The Common Council designates the Redevelopment Plan, as amended b the 2003 Amendment as set forth in Section 3 of this Ordinance (hereinafter, the "Amende Plan"), as the official redevelopment plan for the State College Redevelopment Project SECTION 5. Prior to the opening of the joint public hearing at which this Resolution i approved, the Common Council received an "Initial Study", as this term is defined in th California Environmental Quality Act, which was prepared for the Redevelopment Agency 0 the City of San Bernardino regarding the 2003 Amendment The Notice of Intent to Adopt Negative Declaration has been published as of May I, 2003 in The Sun and the Notice of Inten was distributed for public comment to all responsible agencies and other interested persons b United States Mail and was posted with the Clerk of the County as of May 2, 2003 for a perio 4846-7818-0608.1 5/22/03 11:30 jrnm 6 2 3 4 5 6 7 ., 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 of 20 days. The public comment period ended on May 22, 2003 and no written comment fro any public agency of other interested person was received during such period of time. Th Common Council has independently reviewed the Initial Study. In its independent discretion, th Common Council hereby finds and determines that the Initial Study adequately describes th 2003 Amendment and accurately identifies and assesses all of the potentially significan environmental effects or impacts associated with the implementation of the 2003 Amendment. The 2003 Amendment does not present any significant environmental affects. The Commo Council hereby finds and determines that there are no significant environmental effect associated with the implementation of the 2003 Amendment, and the Common Council hereb adopts a Negative Declaration for the 2003 Amendment. The Common Council acknowledge that the State College Redevelopment Project was established prior to the enactment of th California Environmental Quality Act and therefore no Program Environmental Impact Repo (EIR) exists for the State College Redevelopment Project. In the absence of a Program EIR, th Redevelopment Agency of the City of San Bernardino prepared an Initial Study to determine i the proposed reinstatement of eminent domain would have any significant environmental effect and whether an EIR should be prepared for the 2003 Amendment. Based on the Initial Stud regarding the 2003 Amendment and the other information as submitted to the Common Counci during the public hearing at which this Resolution was adopted, the Common Council hereb finds and determines that no environmental impact report is required under the Californi Environmental Quality Act - CEQA (Public Resources Code Section 21000, et seq.) for th adoption of the 2003 Amendment or the Ordinance approving and adopting the 2003 Amendment. The Common Council further finds that when considering the Initial Study and th 2003 Amendment as a whole that there is no evidence before the Common Council that the 2003 Amendment will have potential for an adverse effect on wildlife resources on the habitat 0 which the wildlife depends. Accordingly, the Common Council hereby directs the City Clerk t cause a Notice of Determination to be filed with the County Clerk for the Negative Declaratio for the 2003 Amendment as hereby approved upon the adoption of this Ordinance approving th 2003 Amendment. Concurrently with the filing of the Notice of Determination for the 2003 4846-7818-0608.1 5122103 II :30 jmm 7 2 3 4 5 6 7 8 .. 9 10 11 12 13 14 15 16 17 18 19 Amendment, the City Clerk shall also submit to the County Clerk a Certificate of Fee Exemptio under Title 14 California Code of Regulations Section 753.5(c). SECTION 6. The Common Council hereby authorizes and provides for the City of S Bernardino's expenditure of money provided for the in the Amended Plan. SECTION 7. The Agency is hereby vested with the responsibility for carrying out th Amended Plan in accordance with the provisions thereof and of applicable law. SECTION 8. The Common Council hereby declares its intention to complete any proceedings necessary to be carried out by the City under the provisions of th Amended Plan. SECTION 9. 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, if such be required. SECTION 10. 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 20 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 11. The City Clerk shall cause a certified copy of this Ordinance to b transmitted to the Agency. SECTION 12. The City Clerk shall certifY to the passage of this Ordinance and shal cause the same to be published as required by law. 21 22 23 24 /1/ /1/ //1 //1 /1/ 25 26 27 28 4846-7818-0608.1 5/22/03 II :30 jrnm 8 2 3 4 5 6 7 8 >. 9 10 11 12 13 14 15 16 17 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ADOPTING THE 2003 EMINENT DOMAIN AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE STATE COLLEGE REDEVELOPMENT PROJECT AND ADOPTING A NEGATIVE DECLARATION IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the day of Council Members: ,2003, by the following vote to wit: Absent Abstain Navs Aves ESTRADA LONGVILLE MCGINNIS DERRY SUAREZ ANDERSON MC CAMMACK Rachel G. Clark, City Clerk 18 The foregoing resolution is hereby approved this day of ,2003. 19 20 21 Judith Valles, Mayor City of San Bernardino 22 Approved as to form and Legal Content: 23 By: 24 25 26 27 28 4846-7818-0608.1 5/22/03 11 :30 jmm 9 ~ CERTIFICATE OF MAILING SAN BERNARDINO COMMUNITY DEVELOPMENT COMMISSION ST ATE COLLGE REDEVELOPMENT PROJECT AREA I, Mike Trout, whose business address is at the City of San Bernardino Economic Development Agency, 201 North "E" Street, Suite 301, San Bernardino, CA 92401-1507, do hereby certify that the notice for the Joint Public Hearing on the Proposed 2003 Eminent Domain Amendment to the State College Redevelopment Plan (attached as "Exhibit A"), for the State College Redevelopment Project Area, was mailed, via first class mail, to all property owners, residents, business owners, community organization representatives, and interested persons in the area of the State College Redevelopment Project Area as shown on the attached copy of the mailing list (attached as "Exhibit B") at the United States Post Office, in San Bernardino, California on Apy// ,;l 7 ,2003. 1 certify under penalty of peIjury that the foregoing is true and correct. DATED: ~y;j ~tJ ,2003 ~~ Mike Trout, Project Manager City of San Bernardino Economic Development Agency Attachments: Exhbit A - Public Meeting Newsletter/Notice Exhibit B - Mailing List P:\ACOOUI1Iing Dept\Mike\S~e College, Jow Public Hearina; Certificarion ofMallini Affidavit-doc _.....- . ~.., .r.xn1D1t: A **FOR OFFICE USE ONLY - NOY,A PUBLIC DOCUHEHT U,c' );~?!3" :\~?~;? -"7t"~~E ':'/'S"~''':' "'~':'~~f'r'c~;"':'~' '.,' 'CITY OF SAN BERNARDINO :'C1TY CLERK'S OFFICE ,.,-,_.~-",." ',., RECORDS & INFORMATION MANAGEMENT PROGRAM " .....~ ,~ AGENDA ITEM TRACKING FORM Meeting Date/Date Adopted: (,' II C/ 0_'1 Item No. r f Resolution/Ordinance No. 111C - I ('f (" , - Effective Date: 7-1 7 - 0 3 Vote: Ayes:! - 7 Abstain; ,Q-- Date Sent to Mayor: 6 -(7 - 0 '3 Date of Mayor's Signature: G.-I? ~03 Date Summary Sent to Attorney: 6--- (7 - 0 -'} Date Published: G ,- .J.3-0 2, Meeting Type: D.d~.t- L9j' Continued FronnITl& Item No. ' /9 Ordinance Urgency: Yes Termination/Sunset Date: , /'J Nays: <=--'---- Absent: .C2-- Date of Clerk's Signature: 0-1 J"-a3 {, --I f-o'''S Date Returned from Mayor: Date Summary Returned from Attorney: (;-/7-03 Date Seal Impressed: ../ Exhibits Complete & Attached to Resolution/Ordinance: Rem i nder Letter Sent: Reminder Letter Sent: Rem i nder Letter Sent: Request for Council Action & Staff Report Attached: Yes Notes: if~J;/ / PL- - ~;; ~/ ~i0 To Wh~ ~~med: 11? _ . Date Sent for Signature: Expiration Date: Copies Distribut No Ready to Fi Ie: Date: 00CtJMEf'fl: tOCA noN: FOaIo45I~ IIern Trac:kinI Form -cc FomI No. 111. UIR u,xIMtd: lV0411996