HomeMy WebLinkAbout16-Economic Development Agency
ECONOMIC DEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO
FROM:
Gary Van Osdel
Executive Director
SUBJECT:
AMENDMENT TO RE-ESTABLISH
EMINENT DOMAIN POWER ON NON-
RESIDENTIAL PROPERTY IN THE
CENTRAL CITY SOUTH
REDEVELOPMENT PROJECT
DATE:
August 10, 2001
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Svnopsis of Previous Commission/Council/Committee Action(s):
In July of 2000, the Community Development Commission directed staff to initiate amendments to several
redevelopment project areas in which powers of eminent domain had lapsed or were about to lapse.
On June 21, 2001 the RDA Committee recommended to the Community Development Commission that a joint public
hearing be scheduled with the Mayor and Common Council for this proposed Amendments.
On July 9,2001, the Community Development Commission approved a request for a joint public hearing on August 20,
2001 with the Mayor and Common Council to consider the proposed Amendments.
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Recommended Motion(s):
OPEN PUBLIC HEARING
CLOSE PUBLIC HEARING
(Communitv Development Commission)
(Mavor and Common Council)
MOTION A: That the Community Development Commission and Mayor and Common Council
close the Joint Public Hearing and consider written objections to the 2001 Eminent
Domain Amendment and direct preparation of written findings in response thereto as
applicable.
(Motions Continued on Next Pa!!e...)
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Contact Person(s): Gary Van OsdellMargaret Park
Project Area(s) Central City South (CCS)
Phone:
663-1044
Ward(s):
One (I) and Three (3)
Supporting Data Attached: It] Staff Report It] Resolution(s) It] Ordinance/Contract(s) It] Map(s) It] Spreadsheet
FUNDING REQUIREMENTS Amount: $
N/A
Source:
N/A
SIGNATURE:
./' Budget Authority:
IA'" //
-r' (:,,/Z ,lell
. Gary '?f!'Osdel, Executivebirector
Ecor'"mic Development Agency
Requested
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Commission/Council Notes:
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GVO:MEP:lag:08-20-0t Eminent CCS COMMISSIO
l\'
Agenda It
9-/)-0/
-j:J / b
REQUEST FOR COMMISSIONICOUNCIL ACTION
Re-Establish Eminent Domain - Central City South
August 10,2001
Page Number 2-
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Recommended Motion(s) Continued:
-- IF NO WRITTEN OBJECTIONS ARE PRESENTED --
(Community Development Commission)
MOTION B: 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
CENTRAL CITY SOUTH REDEVELOPMENT PROJECT AREA, APPROVING
THE SECTION 33352 REPORT TO THE MAYOR AND COMMON COUNCIL ON
THE 2001 EMINENT DOMAIN AMENDMENT TO THE CENTRAL CITY SOUTH
REDEVELOPMENT PROJECT, APPROVING THE 2001 DOMAIN
AMENDMENT TO THE REDEVELOPMENT PLAN, AND RECOMMENDING
THE CERTIFICATION OF THE ADDENDUM TO
THE 1976 ENVIRONMENTAL IMPACT REPORT.
(Mavor and Common Council)
MOTION C: ADOPT THE ORDINANCE APPROVING THE 33352 REPORT TO THE MAYOR
AND COMMON COUNCIL AND ADOPTING THE 2001 EMINENT DOMAIN
AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE CENTRAL CITY
SOUTH REDEVELOPMENT PROJECT, AND CERTIFYING THE ADDENDUM
TO THE 1976 ENVIRONMENTAL IMPACT REPORT.
GYO:MEP:lag:08-20-0 1 Eminent CCS
COMMISSION MEETING AGENDA
Meeting Date: 08/20/2001
Agenda Item Number: -'l.3L
ECONOMIC DEVELOPMENT AGENCY
STAFF REPORT
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Amendment To Re-Establish Eminent Domain Power On Non-Residential Property In The
Central City South Redevelopment Proiect
BACKGROUND
In July of 2000, the Community Development Commission directed staff to initiate amendments
to several redevelopment project areas in which powers of eminent domain had lapsed or were
about to lapse. The purpose of the amendments would be to reinstate the power of eminent
domain on a limited basis over those properties in each project area that are non-residential land
uses under the General Plan and are currently being used for non-residential purposes. These
proposed amendments would not affect residentially designated and used property. Residentially
used or designated property will not be subject to acquisition by the Agency's exercise of power
of eminent domain. Such residentially used and designated property may only be acquired by the
Agency on a voluntary and negotiated basis with the owner of such land.
The Agency has undertaken proceedings for the adoption of the 2001 Eminent Domain
Amendment to the Redevelopment Plan ("Plan") for the Central City South Redevelopment
Project Area ("2001 Amendment"). The proposed 2001 Amendment would amend the existing
Redevelopment Plan to re-establish the Agency's eminent domain authority for a l2-year time
period for all non-residentially used or designated properties. The Agency's existing eminent
domain authority was restricted to a 12-year time limit, which expired on May 3, 1998. Under
the California Community Redevelopment Law ("Law"), the Plan's eminent domain time limit
may be extended by up to 12 years if the Agency undertakes plan amendment efforts prescribed
by the Law. As the Agency envisions possible land acquisition and assistance activities for
commercial owner participants and/or potential commercial developer proposals for future
redevelopment projects, the Agency is proposing to amend the Plan to extend the eminent
domain time limit for twelve years (12) following the adoption of the ordinance approving the
2001 Amendment.
CURRENT ISSUE:
On June 27th 2001, 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 area of the
Central City South Redevelopment Project and to all occupants of property-both commercial
and residential. About thirty people attended the workshop. Mailed notice of the joint public
hearing was sent to all owners of property and to "occupants" of property within the
redevelopment project area on July 19,2001.
GVO:MEP:lag:08-20-0t Eminent CCS
COMMISSION MEETING AGENDA
Meeting Date: 08/20/2001
Agenda Item Number: A.
Economic Development Agency Staff Report
Re-Establish Eminent Domain - CCS
August 10, 2001
Page Number -2-
The Agency's emphasis is on encouraging economic revitalization by consolidating substandard
commercial use properties and upgrading commercial use properties so that they have less of an
impact on residential areas and homes. Most homes are situated on lots that are adequate in size
and shape to accommodate them. Consolidation oflots for residential reuse and redevelopment is
not necessary especially in light of the fact that new residential projects that usually require
larger parcels, such as apartments and condominium projects, are not in demand in the
community. The Agency has existing and effective programs that promote and assist the
rehabilitation and upgrade of residential units without having to consolidate residential use
parcels.
Incompatibility issues between commercial use and residential use properties can be resolved not
by removal and relocation of residents, but by fostering redevelopment of commercial use
property on a sustainable economic basis and by applying current building construction standards
to remodeled and new commercial and industrial structures and by requiring adequate buffers
between different uses.
Section 33352 of Community Redevelopment Law provides 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 I4-part 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 2001
Amendment to assist the Council in its consideration and in making various findings and
determinations that are legally required to adopt the 2001 Amendment. This Report to Mayor
and Common Council has been prepared in accordance with all requirements of Sections
33457.1 and 33352 of the Law.
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 2001 Amendments.
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
August 20, 200 I, a written response to such objections must be prepared and considered before
the 200 I Amendment may be adopted.
By adopting the attached resolution of the Community Development Commission at the
conclusion ofthe 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 2001 Eminent Domain Amendment to the Mayor and Common
Council.
GVO:MEP:lag:08-20-0t Eminent CCS
COMMISSION MEETING AGENDA
Meeting Date: 08/20/2001
Agenda Item Number: I? 2, 9
Economic Development Agency Staff Report
Re-Establish Eminent Domain - CCS
August 10, 2001
Page Number -3-
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ENVIRONMENTAL DETERMINATION:
In 1976, an Environmental Impact Report was prepared and certified the entire redevelopment
project area. Lilbum Corporation prepared an Addendum to the EIR and concluded that the
environmental setting had not changed sufficient for this proposed amendment to create
significant environmental impacts to the area. The Addendum to the EIR is comprised of the
Initial Study and a cover letter summarizing the consultant's findings. The proposed form of the
ordinance approving the 2001 Amendment contains a finding that certifies the Addendum to the
1976 EIR.
FISCAL IMPACT
Consultant contracts that have already been approved and budgeted are already in place for
Central City South.
RECOMMENDATION
That the Community Development Commission and the Mayor and Common Council adopt
Motions ::?" and C.
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EXHIBITS:
I - Redevelopment Project Area Map
2 - Report to Mayor and Common Council
3 - Resolution
4 - Ordinance
5 - Addendum to the Environmental Impact Report
6 - List of Non-residential parcels affected by the Amendment
7 - Copies of written objections received by City Clerk as of the date of distribution of this Agency staff report
(August IS, 2001)
GVO:MEP:lag:08-20-01 Eminent CCS
COMMISSION MEETING AGENDA
Meeting Date: 08/20/2001
Agenda Item Number: A 3 '1
INTRODUCTION
On May 3, 1976, the Mayor and Common Council approved Ordinance #3572 that adopted the
Redevelopment Plan ("Plan") for the Central City South Redevelopment Project ("Project") and
Project Area ("Project Area"). The Project Area includes 193 acres and consists of a mixture of
commercial, industrial, and residential uses, along with various public/quasi-public and open
space uses. It is generally bounded by the 1-15 Freeway to the west, 2nd Street to the north,
Arrowhead Avenue and Sierra Way to the east, and by Inland Center Drive and Orange Show
Road to the south. Exhibit I presents the precise boundaries of the Project Area.
The Agency's existing eminent domain authority is restricted to a l2-year time limit, and expired
on May 3, 1988. Under the California Community Redevelopment Law ("Law"), the Plan's
eminent domain time limit may be extended by up to 12 years if the Agency undertakes plan
amendment efforts prescribed by the Law. As the Agency envisions possible land acquisition
activities for future redevelopment projects, the Agency is proposing to amend the Plan to the re-
establish the Agency's power of eminent domain within the Project Area for a time period of 12
years, or to August 20, 2013 ("Amendment").
The text of the proposed Amendment provides:
"The Agency may acquire, purchase, lease, obtain option, or otherwise acquire any
interest in real property, and any improvements on it by any means authorized by law, including
by gift, grant, exchange, purchase, cooperative negotiations, lease, and any other means
authorized by law including the use of eminent domain for purposes of redevelopment in the
Project Area as authorized by law. Not withstanding the provisions of the preceding sentence,
the Agency shall not acquire by eminent domain any property within the Project Area on which a
person or persons reside or any property which is either designated under applicable General
Plan or zoning regulations as residential property, as of the date when the Agency transmits its
written offer to acquire such property to the owner thereof in accordance with Government Code
Section 7267.2, or other applicable law.
With regard to the time period to exercise the Agency's power of eminent domain within
the Project Area, the Agency shall not initiate legal proceedings to acquire an interest in real
property by the exercise of the power of eminent domain after the twelfth anniversary (l2th)
following the date of adoption of the ordinance amending this Section 1.
The Agency is not authorized to acquire real property owned by public bodies, which do
not consent to such acquisition. The Agency is authorized, however, to acquire public property,
if it is transferred to private ownership before the Agency completes land disposition within the
entire Project Area, unless the Agency and the private owner enter into a participation
agreement.
Rosenow Spevacek Group, tnc.
August, 2001
1
San Bernardino Redevetopment Agency
Centrat City South Redevelopment Project
Report to Mayor and Common Council
, ~(Q)[PW
ORDINANCE NO.
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AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO APPROVING THE SECTION 33352 REPORT TO THE
MAYOR AND COMMON COUNCIL AND ADOPTING THE 2001 EMINENT
DOMAIN AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE
CENTRAL CITY SOUTH REDEVELOPMENT PROJECT AND CERTIFYING
AN ADDENDUM TO THE 1976 ENVIRONMENTAL IMPACT REPORT
7 WHEREAS, the City of San Bernardino ("City") is a charter city organized and existing
8 under the Constitution and laws of the State of California; and
9 WHEREAS, the Redevelopment Agency of the City of San Bernardino ("Agency") is a
10 public body corporate and politic, organized and existing under the California Community
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Redevelopment Law, Health and Safety Code Sections 33000, et seq. ("CRL"); and
WHEREAS, the Community Development Commission of the City of San Bernardino (the
"Commission") is the governing board of the Agency; and
WHEREAS, the Mayor and Common Council oftheCity("Common Council"), by adoption
of Ordinance No. 3572 on May 3, 1976, approved and adopted the Redevelopment Plan for the
Central City South Redevelopment Project ("Original Plan"); and
WHEREAS, the Common Council, by adoption of Ordinance No. MC-564 on December 8,
1986, approved and adopted the First Amendment to the Original Plan ("First Amendment"); and
WHEREAS, the Mayor and Common Council, by adoption of Ordinance No. MC-724 on
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April 2, 1990, approved and adopted the Second Amendment to the Original Plan, as amended
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("Second Amendment"); and
WHEREAS, the Common Council, by adoption of Ordinance No. MC-919 on December 20,
1994, approved and adopted the Third Amendment to the Original Plan, as amended ("Third
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Amendment"); and
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WHEREAS, the Original Plan, as amended by the First Amendment, Second Amendment,
and Third Amendment is hereinafter referred to as the Redevelopment Plan; and
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WHEREAS, the Redevelopment Plan delineates the redevelopment project area for the
Central City South Redevelopment Project (the "Project Area"); and
WHEREAS, the Agency and Common Council have initiated proceedings for the adoption
ofa further amendment to the Redevelopment Plan entitled "2001 Eminent Domain Amendment
to the Redevelopment Plan for the Central City South Redevelopment Project" (the "2001
Amendment"); and
WHEREAS, the 2001 Amendment shall reinstate the Agency's eminent domain authority
with respect to all non-residentially used or occupied property in the Project Area for a twelve (12)
year period, commencing on the effective date ofthis Ordinance; and
WHEREAS, the Mayor and Common Council consented to hold ajoint public hearing with
the Commission with respect to the 200 I Amendment, at which hearing any and all persons having
any objection to the 200 I Amendment, the proposed Addendum to the 1975 Environmental Impact
Report for the Redevelopment Plan for the Original Plan (the "Addendum to the 1976 EIR"), or the
regularity of any prior proceedings concerning the 2001 Amendment, was allowed to appear before
the Comm6n Council and show cause why the 2001 Amendment should not be adopted; and
WHEREAS, notice of the joint public hearing ofthe Commission and Common Council with
respect to the 2001 Amendment and the Addendum to the 1976 EIR was prepared, published and
served by United States Mail in accordance with applicable law and a copy of the affidavit of
publication of such public notice and a declaration of service by United States Mail of such public
notice is on file in the Office of the City Clerk; and
WHEREAS, the joint public hearing ofthe Commission and Common Council was duly held
on August 20, 2001; and
WHEREAS, the Agency prepared the text of the 2001 Amendment as on file with the City
Clerk; and
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WHEREAS, the Agency staff prepared a document entitled "Report to the Mayor and
Common Council on the 2001 Eminent Domain Amendment to the Redevelopment Plan for the
Central City Redevelopment Project" (the "33352 Report"); and
WHEREAS, the Common Council considered the information set forth in the Initial Study
prepared for the 2001 Amendment and the accompanying Addendum to the 1976 EIR in accordance
with CEQA Guidelines Section 15164 finding that the 2001 Amendment shall not result in any new
significant environmental effect or increase in severity of a previously identified environmental
effect that would require major revisions to the 1976 EIR; and
WHEREAS, the 2001 Amendment:
(i) does not change the boundaries of the Project Area;
(ii) does not modify the applicable limitations in the Redevelopment Plan on
indebtedness that the Agency may incur for the redevelopment of the Project Area;
(iii) does not modify or affect any provision of the Redevelopment Plan relating to the
allocation of taxes;
(iv) shall not result in the displacement of any person from a residential dwelling unit by
means of the Agency's exercise ofthe power of eminent domain to acquire any interest in property;
and
(v) apart from the reinstatement of the power ofthe Agency to acquire non-residentially
used or occupied property in the Project Area for a twelve (12) year period of time following the
effective date of this Ordinance, the 2001 Amendment shall not affect any other provision of the
Redevelopment Plan;
WHEREAS, all legal prerequisites of the Commission and the Common Council to the
passage of this Ordinance have been satisfied in accordance with applicable law.
NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO ORDAINS AS FOLLOWS:
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SECTION 1. The purposes and intent of the Common Council with respect to the 2001
Amendment is to reinstate the power of the Agency to acquire certain property by exercise of
eminent domain authority with respect to non-residential property in the Project Area, as set forth
in the 2001 Amendment, and thereby protect and promote the sound redevelopment of the Project
Area and the general welfare ofthe inhabitants ofthe City by providing a method of non-residential
property acquisition through the potential use of eminent domain for the Agency to assemble parcels
and attract redevelopment interest and investment by owner participants and developers of land,
who have entered into agreements and covenants on acceptable terms to the Agency for the
redevelopment of such land, consistent with the Redevelopment Plan, the City's General Plan and
applicable zoning regulations.
SECTION 2. Based on all public comments, both written and oral, received and/or
submitted at or prior to the joint pubic hearing ofthe Commission and Common Council on August
20, 2001; all staff reports and consultant reports prepared by or at the direction of the Agency and
the City; the staff and consultants' presentations submitted at the joint public hearing, including
without limitation the visual display of maps, graphs, charts and photographs and the oral comments
of interested persons submitted to the Commission and the Common Council at the joint public
hearing; the 33352 Report; the Initial Study and the Addendum to the 1976 EIR and the comments
as submitted with respect to the Addendum to the 1976 EIR and the text of the 2001 Amendment,
the Common Council hereby finds and determines that:
(i) the Project Area continues to display conditions of blight and the Project Area
remains as a blighted area, the redevelopment of which is and remains necessary to
effectuate the public purposes of the CRL. This finding is based in part on the
research and facts set forth in the 33352 Report;
(ii) the 2001 Amendment to the Redevelopment Plan shall assist the Agency to correct
and eliminate the spread of blight in the Project Area from commercially zoned and
used lands into residentially zoned and used lands in the Project Area by means of
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assisting owner participants under the terms of specific redevelopment agreements
and covenants acceptable to the Agency to consolidate parcels, eliminate obsolete
or blighted structures or conditions on commercial use property and preserve and
create new employment and private capital investment in the Project Area and
assisting developers under the terms of specific redevelopment agreements and
covenants acceptable to the Agency to consolidate parcels, eliminate obsolete
structures or conditions on commercial use property and presence and create new
employment and private capital investment in the Project Area.
SECTION 3. The Common Council hereby acknowledges its receipt of the 33353 Report
from the Agency. The Common Council hereby approves the 33353 Report in the form as submitted
at the joint public hearing for the adoption ofthe 2001 Amendment to the Redevelopment Plan. The
Common Council is satisfied that written findings have been adopted in response to the single
written objection received from a property owner before or at the noticed joint public hearing and
the single oral objection presented by a property owner at the joint public hearing on August 20,
200 I. The Common Council has considered all evidence and testimony presented at the August 20,
2001, joint public hearing for or against the 2001 Amendment to the Redevelopment Plan, and the
Common Council hereby overrules the written and the oral objection to the 2001 Amendment to the
Redevelopment Plan.
SECTION 4. The Common Council hereby further finds and determines that:
a. All facts set forth in the above Recitals are true and correct.
b. The Common Council previously found and determined in Ordinance No. 3572 that
the Project Area is a blighted area, the redevelopment of which is necessary to effectuate the public
purposes declared in the CRL, and such findings and determinations set forth in Ordinance No. 3572
are final and conclusive and the 2001 Amendment does not add territory to the Project Area or make
any other revisions to the Redevelopment Plan affecting these previous findings and determinations
and such previous findings and determinations remain valid and effective, and no further findings
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or determinations concerning blight are required in connection with the adoption of the 2001
Amendment.
c. The Redevelopment Plan, as amended by the 2001 Amendment, will foster the
redevelopment of the Project Area in conformity with the CRL and in the interests of the public
peace, health, safety, and welfare.
d. The adoption and carrying out of the Redevelopment Plan, as amended by the 2001
Amendment, is economically sound and feasible.
e. The Redevelopment Plan, as amended by the 2001 Amendment, is consistent with I
and conforms to the General Plan of the City, including but not limited to, the Housing Element of
the General Plan.
f. The carrying out of the Redevelopment Plan, as amended by the 200 I Amendment,
shall promote the public peace, health, safety, and welfare of the City and shall effectuate the
purposes and policies of the CRL.
g. The condemnation of real property, as provided for in the Redevelopment Plan, as
amended by the 2001 Amendment, is necessary to the implementation of the Redevelopment Plan,
and adequate provisions have been made for payment of just compensation for property to be
acquired, if any, as provided by law.
h. The Common Council previously found and determined that the Redevelopment Plan
provides a feasible method and plan for the relocation of families and persons displaced from the
Project Area, if any. However, the implementation ofthe 2001 Amendment and the acquisition of
any property by exercise of eminent domain pursuant to such 2001 Amendment shall not result in
the temporary or permanent displacement of any occupants of housing facilities in the Project Area.
The Common Council hereby further finds and determines that (i) such findings and determinations
set forth in Ordinance No. 3572 are final and conclusive; (ii) the 2001 Amendment does not add
territory to the Project Area or make any other revisions to the Redevelopment Plan affecting these
previous findings and determinations, (iii) the 2001 Amendment shall not result in the displacement
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of any person from a residential dwelling unit as a result of the Agency's exercise of eminent
domain to acquire any property, (iv) such previous findings and determinations remain valid and
effective, and (v) no further finding or determination concerning the foregoing is required for the
2001 Amendment.
t. The Common Council, in Ordinance No. 3572, previously found and determined that
there are or are being 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 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 families and
persons and reasonably accessible to their places of employment. The Common Council further
finds and determines that (i) such findings and determinations set forth in Ordinance No. 3572 are
final and conclusive; (ii) the 2001 Amendment does not add territory to the Project Area or make
any other revisions to the Redevelopment Plan that affect these previous findings and
determinations, (iii) the 2001 Amendment shall not result in the displacement of any person from
a residential dwelling unit as a result of the Agency's exercise of the power of eminent domain to
acquire any property, (iv) such previous findings and determinations remain valid and effective, and
(v) no further finding or determination concerning the foregoing is required for the 2001
Amendment.
J. Families and persons shall not be displaced prior to the adoption of a relocation plan
pursuant to CRL Sections 33411 and 33411.1, and dwelling units housing persons and families of
low or moderate income shall not be removed or destroyed prior to the adoption of a replacement
housing plan pursuant to CRL Sections 33334.5, 33413, and 33413.5.
k. The Common Council hereby finds that CRL Section 33367(d)(a) is not applicable
to the 2001 Amendment in light ofthe fact that the 2001 Amendment does not add territory to the
Project Area or make any other revisions to the Redevelopment Plan, except for the reinstatement
of the power of eminent domain.
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1. The Common Council hereby finds that CRL Section 33367( d)(1 0) is not applicable
to the 2001 Amendment in light of the fact that the 2001 Amendment does not add territory to the
Project Area or affect the allocation of tax increment revenues from the Project Area pursuant to
CRL Section 33670.
m. The Common Council hereby finds that CRL Section 33367( d)(ll) is not applicable
to the 2001 Amendment in light of the fact that the 2001 Amendment does not add territory to the
Project Area or make any other revisions to the Redevelopment Plan, except for the reinstatement
of the power of eminent domain.
n. The Common Council hereby finds that CRL Section 33367(d)(12) is not applicable
to the 2001 Amendment in light of the fact that the 2001 Amendment does not add territory to the
Project Area or make any other revisions to the Redevelopment Plan, except for the reinstatement
of the power of eminent domain.
o. The time limitation on commencement of eminent domain proceedings contained in
the 2001 Amendment is reasonably related to the proposed projects to be implemented in the Project
Area and to the ability of the Agency to eliminate blight within the Project Area. The 2001
Amendment does not amend or affect any other time limitations or amend or affect the limitation
on the number of dollars to be allocated to the Agency contained in the Redevelopment Plan, as
amended by the 2001 Amendment.
p. The Common Council previously found in Ordinance No. 3572, and determined that
it was satisfied that permanent housing facilities will be available within three (3) years from the
time residential occupants of the Project Area are displaced, if any, and that pending the
development ofthe permanent replacement housing facilities, there will be available to the displaced
housing occupants, if any, adequate temporary dwelling facilities at rents comparable to those in the
City at the time of their displacement. The Common Council further finds and determines that the
provisions ofCRL Section 33367(e) are not applicable to the 2001 Amendment in light of the fact
that the 2001 Amendment does not add territory to the Project Area or make any other revisions to
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the Redevelopment Plan affecting these prevIous findings and determinations and that the
implementation of the 2001 Amendment shall not result in the displacement of any person from
housing facilities in the Project Area by an exercise of the Agency's power of eminent domain.
SECTION 5. Prior to the opening of the joint public hearing at which this Ordinance is
adopted, the Common Council received the Initial Study prepared by the Economic Development
Agency of the City of San Bernardino regarding the 2001 Amendment. The Common Council
independently reviewed the Initial Study. In its independent discretion, the Common Council
hereby finds and determines that the Initial Study adequately describes the 2001 Amendment and
accurately identifies and assessed all of the potentially significant environmental effects or impacts
of the implementation of the 2001 Amendment.
The Common Council further finds and determines that, in 1976, a Program Environmental
Impact Report ("1976 EIR") was certified in conjunction with the adoption of the Original Plan.
In 1976, there was no time limit on the exercise ofthe power of eminent domain within the Project
Area by the Agency. Subsequently, the California Legislature imposed a statutory time limit on the
exercise of the power of eminent domain within the Project Area by the Agency. The imposition
of this statutory time limit has occasioned the 2001 Amendment to extend the time during which the
Agency may exercise the power of eminent domain within the Project Area. In 1976, it was
contemplated that the Agency would be able to exercise of the power of eminent domain within the
Project Area for the life of the Original Plan. Thus, the 2001 Amendment to extend the time during
which the Agency may exercise of the power of eminent domain within the Project Area does not
present any new significant environmental effects or any differences in the severity of previously
identified environmental effects and no new information that was not and could not have been
known when the 1976 EIR was certified shows any new significant environmental effects or any
differences in the severity of previously identified environmental effects would result from the
implementation of the 2001 Amendment. Therefore, the Common Council further finds and
determines that there are no new significant environmental effects or any differences in the severity
S82001,23046.1
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of environmental effects associated with the implementation of the 2001 Amendment from those
identified in the 1976 EIR requiring major revisions to the 1976 EIR, under Public Resources Code
Section 21166 and Title 14 California Code of Regulations Section 15162. The Common Council
further finds and determines that no new information that was not and could not have been known
when the 1976 EIR was certified has become available showing that the implementation of the 2001
Amendment will have any new significant environmental effects or cause any differences in the
severity of previously identified environmental effects requiring major revisions to the 1976 EIR,
under Public Resources Code Section 21166 and Title 14 California Code of Regulations Section
15162.
Based on the Initial Study regarding the 2001 Amendment and the findings and
determinations of the Common Council set forth herein, the Common Council hereby finds and
determines that no revision or supplement to the 1976 EIR and no subsequent environmental impact
report is required under the California Environmental Quality Act (Public Resources Code Section
21000, et seq.) for the adoption of this Ordinance. The Common Council further finds and
determines that it is appropriate for the City to attach the Initial Study to the 1976 Program EIR, as
an Addendum, under Title 14 California Code of Regulations Section 15164.
The Common Council hereby authorizes and directs the City Clerk to file a Notice of
Determination consistent with the Common Council findings and determinations set forth in this
Ordinance, in accordance with Public Resources Code Section 21152 and Title 14 California Code
of Regulations Sections l5096(i) and 15094, and to attach the Initial Study to the 1976 EIR, as an
Addendum, under Title 14 California Code of Regulations Section 15164.
SECTION 6. The Common Council hereby approves and adopts the 2001 Amendment, a
copy of which is on file with the City Clerk, and which 2001 Amendment is incorporated herein by
this reference, and the Common Council designates the Redevelopment Plan, as amended by the
2001 Amendment (hereinafter, the "Amended Plan") as the official redevelopment plan for the
Central City South Redevelopment Project.
SB200 L23046.1
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AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
1 BERNARDINO APPROVING THE SECTION 33352 REPORT TO THE MAYOR AND
COMMON COUNCIL AND ADOPTING THE 2001 EMINENT DOMAIN AMENDMENT TO
2 THE REDEVELOPMENT PLAN FOR THE CENTRAL CITY SOUTH REDEVELOPMENT
PROJECT AND CERTIFYING AN ADDENDUM TO THE 1976 ENVIRONMENTAL IMP ACT
3 REPORT
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5
HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and
Common Council of the City of San Bernardino at an adjourned regular meeting thereof, held on
6
the _ day of September, 2001, by the following vote, to wit:
7
COUNCIL
8 ESTRADA
LIEN
9 McGINNIS
10 SCHNETZ
SUAREZ
ANDERSON
McCAMMACK
AYES
NAYS
ABSTAIN ABSENT
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14 APPROVED AND ADOPTED this day of
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Rachel G. Clark
,2001.
Judith Valles, Mayor
City of San Bernardino
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19 Approved as to form and legal content:
20 Byr 9-d-..
21 City Attorney
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28 SB200 UJ046.1 12
**
..,.;, " ' ',' '. ' J:a&lLLU....L a
FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
. .
CITY OF SAN BERNARDINO - CITY CLERK'S OFFICE
RECORDS & INFORMATION MANAGEMENT PROGRAM
AGENDA ITEM TRACKING FORM
Date of Mayor's Signature:
Date Summary Sent to Attorney:.-:1-1 K'- -0/
Date Published: '1 - JJ - () I
Meeting Type:--9 . -' *- d?" fj~./
.
Continued FromITo & Item No.
9-1)(-01
9-1)\ -0 (
Item No. / 0
Ordinance Urgency: Yes I~ ~~~
Termination/Sunset Date: /2/ 0 1r-~2- ~~
Nays: ...J;)- t7 __ _ d;:;t:L .
Absent: '{ 7
Date Returned from Mayor: "7-/lr -0 I
Date of Clerk's Signature: C"J-/l?" -01
Date Summary Returned from Attorney: '7-( f' -0/
,
Meeting Date/Date Adopted: 9-/7-01
Resolution/Ordinance No. j1II c... - /10 Co(
Effective Date: /0 - I 'R' - 0 I
Vote: Ayes: ~ 1 ? S- C.
)- -, /
Abstain:
Date Sent to Mayor:
Date Seal Impressed:
CJ -19-0 (
Date Sent for Signature:
Expiration Date:
Copies Distributed To:
/
Exhibits Complete & Attached to Resolution/Ordinance:
Rem i nder letter Sent:
Reminder letter Sent:
Reminder letter Sent:
Request for Council Action & Staff Report Attache :
Notes:
No
Ready to File:
Date:
OOCUMENT lOCAOON:
FORMSI~ hem TradUna Foml.CC Fotm No. Ill-I.-. UpdaIIed: 12J041t996