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Home My WebLink AboutR37-Economic Development Agency MAYOR & COMMON COUNCIL MEETING BACKUP MEETING DATE: December 3, 2001 Mayor and Common Council / GROUP MEETING: Community Development Commission DEPUTY: Linda Hartzel *** No backup materials are included for the following items. *** ITEM # STATUS 27 Laid Over 28 Continued to March 2, 2002 29 Continued to December 17, 2001 30 Continued to January 22, 2002 31 Continued to December 17, 2001 R37 Laid Over (ordinance only) 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 MEADOWBROOK/CENTRAL CITY REDEVELOPMENT PROJECT DATE: November 26, 2001 Or"I"",IL .n'.V1i,ui Svnopsis of Previous Commissiou/CounciVCommittee 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 September 20, 200 I 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 Amendment. On November 5, 2001, the Community Development Commission approved a request for a joint public hearing on December 3, 2001 with the Mayor and Common Council to consider this proposed Amendment. Recommended Motion(s): OPEN PUBLIC HEARING CLOSE PUBLIC HEARING (Motion of Communitv Development Commission and Mavor and Common Council) -- IF WRITTEN OR ORAL OBJECTIONS ARE PRESENTED- MOTION A: CLOSE THE JOINT PUBLIC HEARING AND CONSIDER WRITIEN OBJECfIONS TO THE 2001 EMINENT DOMAIN A.\.1ENDMENT AND DIRECf PREPARATION OF WRITTEN FINDINGS IN RESPONSE THERETO AS APPLICABLE. (Motion(s) Continued to Next Pa2e...) -----------------------------------------------------------------------------------------------------------------------_.._--------------------------.-.-------<------_._~---_. Contact Person(s): Gary Van OsdellMargaret Park, AICP Project Area(s) Meadowbrook/Central City Phone: 663-1044 One (I) Ward(s): Supporting Data Attached: [;71 Staff Report Ii'! Resolution(s) Ii'! Ordinance(s) Ii'! Map(s) Ii'! Spreadsheets FUNDING REQUIREMENTS Amount: $ N/A Source: N/A SIGNATURE: ;7 / . 7""""". /.6 1/ h./h #,) Gary Va sdel, Executive Dir tor Econo c Development Agency Requested Commission/Council Notes: ..------------------------+.---------------------------------------------------------------------------------------------------------------- GVO:MEP:lag: 12-03-01 Meadowbrook CC COMMISSION MEETING AGENDA Meeting Date: 12/03/2001 Agenda Item Number: R.. ~ 7 REQUEST FOR COMMISSION/COUNCIL ACTION Re- Establishment of Eminent Domain Meadowbrook/CC November 26, 2001 Page Number -2- Recommended Motion(s) Continued: --IF NO WRITTEN OR ORAL 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 MEADOWBROOK/CENTRAL CITY REDEVELOPMENT PROJECT, APPROVING THE SECTION 33352 REPORT TO THE MAYOR AND COMMON COUNCIL ON THE 2001 EMINENT DOMAIN AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE MEADOWBROOK/CENTRAL CITY REDEVELOPMENT PROJECT, APPROVING THE 2001 EMINENT DOMAIN AMENDMENT TO THE REDEVELOPMENT PLAN AND RECOMMENDING THE CERTIFICATION OF THE ADDENDUM TO THE 1975 ENVIRONMENTAL IMP ACT 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 MEADOWBROOK/CENTRAL CITY REDEVELOPMENT PROJECT, AND CERTIFYING THE ADDENDUM TO THE 1975 ENVIRONMENTAL IMPACT REPORT. GVO:MEP:lag:12-03-01 Meadowbrook CC COMMISSION MEETING AGENDA Meeting Date: 12/03/2001 Agenda Item Number: /(31 ECONOMIC DEVELOPMENT AGENCY STAFF REPORT A Request To Re-Establish The Power Of Eminent Domain In The Meadowbrook/Central City RedeveloDment Proiect Area 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 proj ect 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 Meadowbrook/Central City 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 January 8, 1999. 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 by 12 years, or to November, 2013. CURRENT ISSUE: On October 25th, 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 Meadowbrook/Central City Redevelopment Project and to all occupants of property-both commercial and residential. About twenty 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 October 18th, 2001. GVO:MEP:lag: 12-03-01 Meadowbrook CC COMMISSION MEETING AGENDA Meeting Date: 12/03/2001 Agenda Item Number: iJ1 Economic Development Agency Staff Report Re-Establish Eminent Domain-Meadowbrook/CC November 26,2001 Page Number -2- 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 l4-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 December 3,2001, a written response to such objections must be prepared and considered before the 2001 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 2001 Eminent Domain Amendment to the Mayor and Common Council. ENVIRONMENTAL DETERMINATION: In 1975, an Environmental Impact Report was prepared and certified the Overall Central City Project Area, inclusive of the Meadowbrook/Central City redevelopment project area. Lilburn 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 1975 EIR. FISCAL IMPACT Consultant contracts that have already been approved and budgeted are already in place for Meadowbrook/Central City. GVO:MEP:lag: 12-03-01 Meadowbrook CC COMMISSION MEETING AGENDA Meeting Date: 12/03/2001 Agenda Item Number: ~ Economic Development Agency Staff Report Re-Establish Eminent Domain-Meadowbrook/CC November 26,2001 Page Number -3- RECOMMENDATION That the Community Development Commission and the Mayor and Common Council: L Close the joint public hearing and consider written and oral objections to the 200 I Eminent Domain Amendment and direct preparation of written findings in response thereto, as applicable; and 2. (Commission Action) Adopt the resolution approving the Report to the Mayor and Common Council for the Meadowbrook/Central City Redevelopment Project Area; and 3. (Mavor and Common Council Action) Adopt the ordinance approving the 2dm~' to tho M""'owbrooklC~trnl City '''',.doom,,", Proj~' AAa :m:~L/ Gary JfIn Osdel / Exe1Jtive Director EXHIBITS: I. Redevelopment Project Area Map 2. Text of proposed 2001 Amendment 3. Report to Mayor and Common Council 4. List afNon-residential parcels affected by the Amendment 5. Copies of written objections received by City Clerk as of the November 26, 2001 6. Addendum to the Environmental Impact Report 7. Resolution 8. Ordinance -------------------------------------------------------------------------------------------------------------------------------------------- GVO:MEP:lag: 12-03-01 Meadowbrook CC COMMISSION MEETING AGENDA Meeting Date: 12/03/2001 Agenda Item Nnmber: nL EXHIBIT 1 REDEVELOPMENT PROJECT AREA MAP MEADOWBROOK/CENTRAL CITY Redevelopment Project Area ~JlL ~l, n ~I rr-fT ! / ~ I ::;; inw<ll LJ ~ I .I. I j 'tB'L -- . ~- 'L J J ; i[ ~[ I I . r . " . .-- w BNSFR.R. !r:q l iU. Tlnl r- /f' NORTH Exhibit 1 EXHIBIT 2 TEXT OF PROPOSED 2001 AMENDMENT Meadowbrook Project NO.1 Project 2001 Eminent Domain Amendment to the Redevelopment Plan and Central City Project NO.1 Project 2001 Eminent Domain Amendment to the Redevelopment Plan Adopted: Ordinance No.: RedevelopmentAgenc;' of the City of San Bernardino Page 1 TABLE OF CONTENTS Section Page Introduction for Meadowbrook Project No, I Amendment........................................................ 3 Amendment for Meadowbrook Project No. I... ......... ......... ....................... ..... ..........4 Introduction for Central City Project No. I Amendment... ................................................... .....6 Amendment for Central City Project No. I......... ......... ......... ................................ ...7 page 2 2001 EMINENT DOMAIN AMENDMENT to the REDEVELOPMENT PLAN for the MEADOWBROOK PROJECT NO.1 PROJECT INTRODUCTION The Common Council of the City of San Bernardino ("Common Council") approved and adopted the Redevelopment Plan for the Meadowbrook Project No.1 Project on June 21, 1958 by Ordinance No. 2233. Pursuant to the adoption of Health and Safety Code Section 33470, the Common Council adopted Ordinance No. 3683 merging Meadowbrook Project No.1 with Central City No.1, on November 7, 1977. On December 8, 1986, Ordinance MC-588 and 589 was adopted, further amending the plan. This plan was again amended in April of 1990 with the passage of Ordinance MC-723. Finally, on December 20, 1995, the Common Council adopted Ordinance MC-9l6, establishing certain time and financial limitations imposed by the passage of Assembly Bill 1290. The 2001 Eminent Domain Amendment to the Redevelopment Plan for the Meadowbrook Project No.1 Project, as previously amended ("Amendment") makes certain changes to the text of the redevelopment plan as previously amended (the "Plan") to accomplish the following objectives: to reinstate the Redevelopment Agency of the City of San Bernardino's ("Agency") power of eminent domain within the redevelopment project area of the Meadowbrook Project No.1 (the "Project Area") for twelve (12) years for non-residentially occupied or used properties to enable the Agency to retain all tools available to the Agency in implementing the Plan. The changes by this Amendment are not to be construed to amend, modify, change or affect in any other provisions in the text of the Plan and this Amendment does not add or delete territory from the boundaries of the Project Area. The Plan is hereby amended as follows: page 3 2001 EMINENT DOMAIN AMENDMENT to the REDEVELOPMENT PLAN for the MEADOWBROOK PROJECT NO.1 PROJECT AMENDMENT That Subsection "I" of the Plan, as previously amended, entitled "Land Acquisition of Section D. PROJECT PROPOSALS" is hereby amended to read as follows: "1. Acquisition of Real Propertv 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 (12th) following the effective date of the ordinance last amending this Section I. 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. The Agency shall not acquire real property on which an existing building is to be continued on its present site and in its present form and use without consent of the owner, unless (I) such building requires structural alterations, improvement, Page 4 modernization or rehabilitation, or (2) the site or lot on which the building is situated requires modification in size, shape or use, or (3) it is necessary to impose upon such property any of the standard, restrictions and controls of the Plan and the owner fails or refuses to participate in the Plan by executing a participation agreement. " Page 5 2001 EMINENT DOMAIN AMENDMENT to the REDEVELOPMENT PLAN for the CENTRAL CITY PROJECT NO.1 PROJECT INTRODUCTION The Common Council of the City of San Bernardino ("Common Council") approved and adopted the Redevelopment Plan for the Central City Project No.1 Project on February 23, 1965, by Ordinance No. 2649. Pursuant to the adoption of Health and Safety Code Section 33470, the Common Council adopted Ordinance No. 3683 merging the Meadowbrook Project No.1 with Central City Project No I, on November 7,1977. On December 8,1986, Ordinance MC-588 and 589 was adopted, further amending the plan. This plan was again amended in April of 1990 with the passage of Ordinance MC-723. Finally, on December 20, 1995, the Common Council adopted Ordinance MC-916, establishing certain time and financial limitations imposed by the passage of Assembly Bi1l1290. The 2001 Eminent Domain Amendment to the Redevelopment Plan for the Central City Project No.1 Redevelopment Project, as previously amended ("Amendment") makes certain changes to the text of the redevelopment plan as previously amended (the "Plan") to accomplish the following objectives: to reinstate the Redevelopment Agency of the City of San Bernardino's ("Agency") power of eminent domain within the redevelopment project area of the Central City Project No. I (the "Project Area") for twelve (12) years from the adoption of the ordinance approving this Amendment for non-residentially occupied or used properties to enable the Agency to retain all tools available to the Agency in implementing the Plan. The changes by this Amendment are not to be construed to amend, modifY, change or affect in any other provisions the text of the Plan and does not add or delete territory from the boundaries of the Central City Project No.1 Project Area. The Plan is hereby amended as follows: page 6 2001 EMINENT DOMAIN AMENDMENT to the REDEVELOPMENT PLAN for the CENTRAL CITY PROJECT NO.1 PROJECT AMENDMENT That Section H of the Plan, as previously amended, entitled "Acquisition of Real Property" is hereby amended to read as follows: "Section H Acquisition of Real Property 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 (12th) following the effective date of the ordinance last amending this Section H. 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, ifit 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. The Agency shall not acquire real property on which an existing building is to be continued on its present site and in its present form and use without consent of the owner, unless (I) such building requires structural alterations, improvement, modernization or rehabilitation, or (2) the site or lot on which the building is situated requires modification in size, shape or use, or (3) it is necessary to impose upon such property any of the standard, restrictions and controls of the Plan and the owner fails or refuses to participate in the Plan by executing a participation agreement." page 7 2001 Eminent Domain Amendment to the Meadowbrook/Central City Redevelopment Plan Report to Mayor and Common Council December 3, 2001 City of San Bernardino Redevelopment Agency 201 N. "E" Street Sutte 301 San Bernardino, CA 92410 (t":': ~ (.l ~... , , - ~ . r 1 ,.. ',' -.J " ~. .~ . ,,~, , ].... =\.-. ~ ~ a. "':"":'-QIIII ~'= ~-- ., .~ -, , < Rosenow Spevacek Group, Inc. - - <.... 540 North Golden Circle, Suite 305 Santa Ana, California 92705 Phone: (714) 541-4585 Fax: (714) 836-1748 E-Mail: info@Webrsg.com TetE ct Calten1s Introduction ..........................................11...11111.11..............................................1 Reasons for the Amendment and a Description of Specific Projects and How These Projects Will Improve or Alleviate Blighting Conditions Found in the Meadowbrook/Central City Project Area........................................ A.1 A Description of the Physical and Economic Conditions Existing in the Meadowbrook/Central City Project Area.................................................. B.1 Five. Year Implementation Plan ...................................11.............1111111........ C-1 Why the Elimination of Blight and Redevelopment Cannot Be Accomplished by Private Enterprise Acting Alone or by the Agency's Use of Financing Alternatives Other Than Tax Increment ............................. D.1 The Method of Financing.............................................11............................ E-1 The Relocation Plan....................................................................................F.1 Analysis of the Preliminary Plan..............................IIIIII..................I...IIII. G.1 Report and Recommendation of the Planning Commission .................. H.1 Report of the Meadowbrook/Central City Project Area Committee.......... 1.1 General Plan Conformance ..1111111111........................11......................1..1...11111 J.1 Environmental Documentation .........................1111.11111111...........11..11111111.111 K-1 Report of the County Fiscal Officer ...........................................................L.1 Neighborhood Impact Repolt.....................................IIII..........IIIIIII.11111IIII M-1 A Summary of the Agency's Consultation with Affected Taxing Agencies. ......................................................1.1...11111.................................................... N.1 EXHIBITS Exhibit 1 - Meadowbrook/Central City Project Area Map Exhibit 2 - Photo Survey/Samples of Existing Conditions Exhibit 3- Addendum Environmental Impact Report on the 2001 Eminent Domain Amendment n IntrOOLXin On June 21, 1958, the Mayor and Common Council ("Council") approved Ordinance 2233 that adopted the Redevelopment Plan ("Meadowbrook Plan") for the Meadowbrook Redevelopment Project ("Meadowbrook Project") and Project Area ("Meadowbrook Project Area"). The Meadowbrook Project Area constituted a total of 98.5 acres. The Meadowbrook Project Area is generally bounded to the east by Sierra Way, to the south by Athol Street, to the west by "E" Street and to the north by 3rd Street. On February 23, 1965, the Council approved Ordinance 2649 that adopted the Redevelopment Plan ("Central City Plan") for the Central City Project NO.1 Project ("Central City Project") and Project Area ("Central City Project Area"). The Central City Project Area constituted a total of 94 acres. The Central City Project Area is generally bounded to the east by "D" Street, to the south by 2nd Street, to the west by Interstate 215 and to the north by 4th Street. Pursuant to the adoption of Health and Safety Code Section 33476, the Council adopted Ordinance No. 3683 merging Meadowbrook Project with Central City Project No. 1 ("Meadowbrook/Central City Project Area") on November 7, 1977. Exhibit 1 presents the exact boundaries of the Meadowbrook/Central City Project Area. The Meadowbrook/Central City Project was established for the purpose of revitalizing blighted and economically stagnant areas of the community. The goal of the San Bemardino Redevelopment Agency ("Agency") in regards to the Meadowbrook/Central City Project Area is to become involved in various business development, business retention and expansion, marketing, capital improvement, revitalization and housing activities. Overall, the Agency hopes to work as a catalyst for the removal of blighting conditions that burden the community and to facilitate reinvestment in the area. To this end, the Central City Plan and the Meadowbrook Plan permit the Agency to acquire real property by any means authorized by law, including eminent domain. Although the Agency has used condemnation in the past, the ability to acquire property through eminent domain continues to be a necessary and effective tool to facilitate redevelopment of the Meadowbrook/Central City Project Area. Indeed, one of the key reasons for establishing the Meadowbrook/Central City Project Areas was to ROSENOW SPEVACEK GROUP. INC. DECEMBER. 2001 SAN BERNARDINO REDEVELOPMENT AGENCY - I - MEAoov.BROOKlCENTRAL CITY REDEVELOPMENT PROJECT REPORT TO MAYOR AND COMMON COUNCIL stimulate redevelopment and rehabilitation of structures through the consolidation of parcels. While the Agency does not have specific plans to use eminent domain to acquire property at this time, staff recommends that preserving this power will be necessary to complete future redevelopment projects involving land acquisition. The Agency's existing eminent domain authority is restricted to a 12-year time limit, and expired on January 1, 1999 for the Meadowbrook/Central City Project Area. Under the California Community Redevelopment Law ("Law"), the Plans' 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 Plans to extend the eminent dornain time limit by 12 years, or until the twelfth anniversary (12th) of the effective date of the ordinance approving the 2001 Eminent Domain Amendments ("Amendments"). Central City Proiect Area Amendment The text of the proposed Central City 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 Central City 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 Central City 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 Govemment 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 Central City 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 (1th) following the effective date of the ordinance last amending this Section H. 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 ROSENOW SPEVACEK GROUP, INC. DECEMBER, 2001 SAN BERNARDINO REDEVELOPMENT AGENCY - II - MEADO'MlROOKlCENTRAL CITY REDEVELOPMENT PROJECT REPORT TO MAYOR AND COMMON COUNCIL Central City Project Area, unless the Agency and the private owner enter into a participation agreement. The Agency shall not acquire real property on which an existing building is to be continued on its present site and in its present form and use without consent of the owner, unless (1) such building requires structural alterations, improvement, modemization or rehabilitation, or (2) the site or lot on which the building is situated requires modification in size, shape or use, or (3) it is necessary to impose upon such property any of the standard, restrictions and controls of the Plan and the owner fails or refuses to participate in the Plan by executing a participation agreement." Meadowbrook Proiect Area Amendment The text of the proposed Meadowbrook 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 Meadowbrook 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 Meadowbrook 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 Govemment 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 Meadowbrook 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 (1tt') following the effective date of the ordinance last amending this Section 0, subsection 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 Meadowbrook Project Area, unless the Agency and the private owner enter into a participation agreement. ROSENOW SPEVACEK GROUP, INC. OECEMBER, 2001 SAN BERNAROINQ REDEVELOPMENT AGENCY - III - MEAoov.9ROOKICENTRAL CITY REOEVELOPMENT PROJECT REPORT TO MAYOR AND COMMON COUNCIL The Agency shall not acquire real property on which an existing building is to be continued on its present site and in its present form and use without consent of the owner, unless (1) such building requires structural alterations, improvement, modemization or rehabilitation, or (2) the site or lot on which the building is situated raquires modification in size, shape or use, or (3) it is necessary to impose upon such property any of the standard, restrictions and controls of the Plan and the owner fails or refuses to participate in the Plan by executing a participation agreement. " The Agency does not have any immediate or specific plans to use eminent domain to acquire property at this time. However, staff, consultants and legal counsel feels that it is very important to preserve this power because it is a necessary component to cornpleting future redevelopment activities. The power of eminent dornain is especially necessary for those projects involving land acquisition. The ability to consolidate lots for new development and abate or provide mitigation between incompatible uses is essential in addressing the remaining conditions of blight in the Meadowbrook/Central City Project Areas. The Agency does not want to displace residents of the City and believes that generally, residents are in satisfactory locations. 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 of lots 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. Blighted residences and neighborhoods are being addressed through Code Compliance Department actions, the AAR Program, and the Mortgage Assistance Program for 1 st time homebuyers. 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. Being sensitive to surrounding businesses and residents is part of being a good neighbor. ROSENOW SPEVACEK GROUP. INC. DECEMBER, 2001 SAN BERNARDINO REDEVELOPMENT AGENCY - IV - MEADOWBROOKlCENTRAl CITY REDEVELOPMENT PROJECT REPORT TO MAYOR ANO COMMON COUNCIL Therefore, in order to mlnlrnlZe the impact on residents of the Meadowbrook/Central City Project Areas the proposed Amendments do not apply to residentially occupied properties. Given the commercial and industrial nature of the Meadowbrook/Central City Project Areas it is believed that the need for such power is most important in addressing such uses. Additionally, it is felt that if acquisition of residential properties were necessary such acquisition can be accomplished through friendly negotiations. This document is the Agency's Report to the Mayor and Common Council ("Report") on the proposed Amendments, and has been prepared pursuant to Section 33457.1 and 33352 of the Law. Pursuant to Section 33352 of the Law, the Council is required to submit a Report containing specific documentation regarding the proposed Amendments. The purpose of this Report is to provide the infomnation, documentation, and evidence required to support the adoption of the Amendments. This infomnation, documentation, and evidence are provided to assist the Council in its consideration of the proposed Amendments, and in making the various detemninations in connection with their adoption. Wth respect to the Amendments, this Report supplements the documentation and evidence contained in the 1958 Report to Council for the Meadowbrook Project and the 1965 Report to Council for the Central City Project ("Original Reports"), prepared in connection with the original Plans; the Original Reports are incorporated herein by reference. Contents of this Report The contents of this Report are presented in 14 sections, which generally correspond to the subdivisions presented in Section 33352 of the Law. The sections are as follows: SECTION A Reasons for the Amendments and a Description of Specific Projects Proposed and How These Projects Will Improve or Alleviate Blighting Conditions Found in the Meadowbrook/Central City Project Area SECTION B A Description of the Physical and Economic Conditions Existing in the Meadowbrook/Central City Project Area SECTION C Five-Year Implementation Plan SECTION D Wny the Elimination of Blight and Redevelopment Cannot be Accomplished by Private Enterprise Acting ROSENOW SPEVACEK GROUP. INC. SAN BERNARDINO REOEVELOPMENT AGENCY OECEMBER. 2001 - V - MEAOOWBROOKlCENTRAL CITY REDEVELOPMENT PROJECT REPORT TO MAYOR AND COMMON COUNCIL SECTION E SECTION F SECTION G SECTION H Alone or by the Agency's Use of Financing Altematives Other Than Tax Increment The Method of Financing The Relocation Plan Analysis of the Preliminary Plan Report and Recommendation of the Planning Commission SECTION I Report of the Meadowbrook/Central City Project Area Comrnittee SECTION J General Plan Confonnance SECTION K Environmental Docurnentation SECTION L Report of the County Fiscal Officer SECTION M Neighborhood Impact Report SECTION N A Summary of Agency Consultation with Affected Taxing Agencies ROSENOW SPEVACEK GROUP. INC. SAN BERNARDINO REOEVELOPMENT AGENCY DECEMBER, 2001 . VI - MEAOC>Vo.9ROOKlCENTRAl CITY REDEVELOPMENT PROJECT REPORT TO MAYOR AND COMMON COUNCIL lit Rea&ns b' 100 AJrerdrner15 era a ~ ct ~ Prqeds ~ em I-bN lrese . W11lrrpo\e cr ,AJeviaIe B1ghtrg Qnfb1s FClI'd i1 100 City PrqEd.Area When the Meadowbrook and Central City Redevelopment Projects were amended in 1987, 1990 and in 1995, they established various financial and time limitations involving the use of some of the redevelopment tools. In compliance with the Law, the use of eminent domain expired on January 1, 1999, 12 years after the 1987 amendment. While the Agency may continue projects and receive tax increment revenue, it is no longer able to use eminent domain without an amendment extending this time limit. The ability to acquire property for revitalization is one of the fundamental tools of Redevelopment. In the Meadowbrook/Central City Project Area, extension of the power of eminent domain will enable the Agency to consolidate lots in order to provide increased opportunities for redevelopment in the Meadowbrook/Central City Project Area. Indeed, the major issues conceming the Meadowbrook/Central City Project Area are the physical condition of structures, the substandard lot size and high occurrence of incompatible uses, which are affecting not only property values but also the quality of life for residents within the Meadowbrook/Central City Project Area. These issues are among the most serious factors confronting the Agency as it implements redevelopment programs in the Meadowbrook/Central City Project Area, and were chief reasons for establishing the Meadowbrook/Central City Project Area. By extending the Agency's power of eminent domain, the Agency can effectively consolidate parcels for a comprehensive program of providing rehabilitation and stimulating redevelopment activity. The Agency's existing erninent domain authority is restricted to a 12-year time limit, and expired on January 1, 1999. Under the Law, the Plans' 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 Plans to extend the eminent domain time limit by 12 years, or until the twelfth anniversary (12th) of the effective date of the ordinance approving the Amendment. ROSENOW SPEVACEK GROUP, INC. DECEMBER, 2001 SAN BERNARDINO REDEVELOPMENT AGENCY - A-1 -MEADO'MlROOKlCENTRAl CITY REDEVELOPMENT PROJECT REPORT TO MAYOR AND COMMON COUNCIL The Agency does not want to displace residents of the City and believes that generally, residents are in satisfactory locations. 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 of lots 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. Blighted residences and neighborhoods are being addressed through Code Compliance Department actions, the AAR Program, and the Mortgage Assistance Program for 1st time homebuyers. Incompatibility issues between commercial use and residential use properties can be resolved not by removal and relocation of residents, but by fostering redeveloprnent 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. Being sensitive to surrounding businesses and residents is part of being a good neighbor. Therefore, in order to minimize the impact on residents of the Meadowbrook/Central City Project Area the proposed Amendments do not apply to residentially occupied properties. Given the commercial and industrial nature of the Meadowbrook/Central City Project Area it is believed that the need for such power is most important in addressing such uses. Additionally, it is felt that were acquisition of residential properties are necessary such acquisition can be accomplished through friendly negotiations. Over the history of the Meadowbrook/Central City Project, eminent domain has been used by the Agency. However, the ability to use eminent domain is still critical for successful property negotiations. For example, without this authority, property acquisition efforts could stall if an owner held out for an excessively high price, given the property's highest and best use fair market value. In the Meadowbrook/Central City Project Area, eminent domain is particularly important because of the significant amount of underutilized and/or irregular fomn and size shaped parcels that are insufficient for proper usefulness or development. This condition can contribute to econornic decline and irnpaired investment as current owners ROSENOW SPEVACEK GROUP, INC. DECEMBER, 2001 SAN BERNARDINO REDEVELOPMENT AGENCY - A-2 -MEADO'MIROOKlCENTRAL CITY REDEVELOPMENT PROJECT REPORT TO MAYOR ANO COMMON COUNCIL are not able to rehabilitate their properties and Mure development is limited. Even though the Agency has had some success in spurring economic development and providing for rehabilitation, the majority of the original conditions of blight documented in the Original Reports continue to exist and demand further redevelopment activities. This is due in part to the economic downtum of the 1990's. The region, City and Meadowbrook/Central City Project Area has never successfully recovered from this downtum or the closure of two major air force bases located within San Bemardino County ("County"). The economic stagnation of the area is reflected in the fact that median family income has only increased 0.4% in San Bemardino County since 1996, according to the U.S. Department of Housing and Urban Development. This is the lowest growth rate out of all Southem Califomia counties and is an indicator of the lack of economic growth for the area. With the local economy stagnant, assessed value revenues have declined or remain limited for much of the first decade of the Project. This has severely limited the tax increment revenue available to the Agency to conduct redevelopment and only recently has the Agency been able to complete various rehabilitation activities that will now allow revitalization to move forward. However, with the expiration of the Agency's eminent domain authority, further efforts by the Agency to continue with revitalization, rehabilitatioo, and economic development could be seriously jeopardized. The proposed Amendment text that would extend the Plan's eminent domain time limit is presented in the Introduction the Report. The Agency does not intend to undertake projects outside the scope of the Plan, and as analyzed in the Original Reports. A description of the proposed redevelopment projects are contained in the Original Reports and incorporated herein by reference. ROSENOW SPEVACEK GROUP. INC. OECEMBER, 2001 SAN BERNARDINO REDEVELOPMENT AGENCY - A-3 -MEA~ROOKlCENTRAL CITY REDEVELOPMENT PROJECT REPORT TO MAYOR AND COMMON COUNCIL n ct the Fh~ em EcxnmC Ccrdb1s ExisIirg in the cly~,6rea Section 33352(b) of the Law requires a description of the physical and economic conditions that cause the Meadowbrook/Central City Project Area to be blighted. This infomnation was provided in the documentation that was prepared and provided as evidence that the Meadowbrook/Central City Project Area was deemed blighted at the time of adoption. Although the definition of "blighf' has changed since the adoption of the Meadowbrook Plan and Central City Plan in 1958 and 1965, respectively, this Report will exarnine the continued existence of the specific conditions of blight, which were found to exist in the Meadowbrook/Central City Project Area by the Council in 1958 and 1965 under then-current law. V\lhen the Council adopted the Meadowbrook and Central City Redevelopment Plans, it detemnined that blight existed in the Meadowbrook/Central City Project Area based upon evidence in the record. Those findings are deemed to be final and conclusive under the Law. It follows that portions of the Meadowbrook/Central City Project Area, which were found to be blighted during their original adoption, have not been upgraded or modified since that time, and are still conclusively deemed to be blighted. This Section of the Report will examine both portions of the Meadowbrook/Central City Project Area, which have not been modified and can be presumed to still be blighted, and which of the original conditions of blight are still present in the Meadowbrook/Central City Project Area today. The Original Reports documented the following blighting conditions in the Meadowbrook/Central City Project Area: . Age, deterioration, and dilapidation of structures; · Mixed character and shifting of uses; · Defective design and physical construction; · The laying out of lots in disregard for the physical character of the ground and surrounding conditions; ROSENOW SPEVACEK GROUP, INC. DECEMBER, 2001 SAN BERNARDINO REDEVELOPMENT AGENCY - B-1 -MEAO<lII'-.IlROOKlCENTRAL CITY REDEVELOPMENT PROJECT REPORT TO MAYOR AND COMMON COUNCIL · Depreciated values and impaired investments; · The existence of lots or irregular fomn and inadequate size; and · The existence of inadequate public improvements. For the purposes of this Amendment, the Law does not require that the Meadowbrook/Central City Project Area be as blighted as it was when the Project was adopted. Nor does the Law require, to support the amendment that the Council finds that the existing Meadowbrook/Central City Project Area would meet the same standards for adoption of a new Meadowbrook/Central City Project Area, but only that some of the original blighting factors continue to exist. The Law acknowledges and anticipates that the Agency's redevelopment program will eliminate at least some of the original blighting conditions, and accordingly, the Law requires this report to describe what blight rernains. Under the Law in effect as of the time of the original plan adoption, even a single blighting factor may be sufficient to support the adoption of a redevelopment plan, so long as that condition causes a reduction of, or lack of proper utilization of the are to such an extent that it constitutes a serious burden on the community which cannot be solved by private enterprise acting alone. In order to rninimize the impact on residents of the Meadowbrook/Central City Project Area, the proposed Amendment does not apply to residentially occupied properties (see text of Amendment in Introduction to the Report). Given the commercial and industrial nature of the Meadowbrook/Central City Project Area it is believed that the need for such power is most important in addressing such uses. Additionally, it is felt that were acquisition of residential properties necessary, such acquisition can be accomplished through friendly negotiations. This Section B will demonstrate that many of the original blighting conditions found to exist in the Meadowbrook/Central City Project Area in 1958 and 1965 still exist. As a result of the declining economic base, there has been little private investment in the Meadowbrook/Central City Project Area, which has prevented many of the problems of the area from being resolved through private activity. The Agency has engaged in various activities in order to eliminate the detrimental physical, social, and economic conditions that were negatively impacting the area. By initiating a comprehensive program of publiC improvements and by providing a variety of development incentives to stimulate private development and rehabilitation activities in the Meadowbrook/Central City Project Area. So far, the Agency has been able to accomplish various projects, such as, the restoration of historic buildings, the removal of hazardous traffic situations, improve ROSENOW SPEVACEK GROUP, INC. OECEMBER. 2001 SAN BERNAROINO REDEVELOPMENT AGENCY - B-2 -MEAOO'MlROOKlCENTRAL CITY REDEVELOPMENT PROJECT REPORT TO MAYOR AND COMMON COUNCIL neighborhood security, correcting flooding problems and creating business opportunities. Specific projects include: . Entered into an OPA with Paul Reed Buick for the expansion of the existing facility in order to generate increased sales tax; · Contributed $300,000 towards improvements to the BestlMarshall's Center in order to facilitate transfer of ownership and economic revitalization of center; . Provided office space for the Small Business Development Center resulting in job creation and investment in the community; · Assisted in the Harris' building renovation by securing HUD loan for acquisition ofthe building; · Provided gap financing for expansion of the Chaparral Cycle Supply; · Provided assistance for relocation and renovation for Accent Fumiture; . Provided assistance for the expansion of the "H" Street Auto Body; . Provided assistance for the expansion and renovation of Fairview Ford; and . Assisted in facilitating the expansion of Holiday Oldsmobile. Due to these actions, the Agency has been able to eliminate a small portion of the blighting conditions that existed in the Meadowbrook/Central City Project Area. However, the area continues to be faced with dilapidated, deteriorated, aged and obsolescent properties and structures (including housing, commercial, retail and industrial bUildings) along with impaired development and investment due to poor parcelization. DETERIORA TED AND DILAPIDA TED BUILDINGS The existence of deteriorated and dilapidated buildings is an indicator of blight and is a sign of lack of reinvestment in the area. The commercial and industrial structures within the Meadowbrook/Central City Project Area are some of the oldest buildings within the City and are characterized by dilapidation, deterioration, and age. The average age of the buildings within the Meadowbrook/Central City Project Area is 45 years old according to San Bemardino County Assessor information 1. The average structural life of a building is 55 years and buildings begin to show signs of age and obsolescence after 25 years. For example, most roofs last 20-30 1 InIoonation obtained from Metroscan data sou"'". ROSENOW SPEVACEK GROUP, INC. OECEMBER. 2001 SAN BERNAROINO REDEVELOPMENT AGENCY - B-3 -MEAD0V.9ROOKlCENTRAL CITY REDEVELOPMENT PROJECT REPORT TO MAYOR AND COMMON COUNCIL years, and regular repainting and repairs are needed to protect and maintain the integrity of the buildings. As expected, conditions of many of the structures within the Meadowbrook/Central City Project Area show significant signs of age, deterioration, and lack of maintenance. Because much of the Meadowbrook/Central City Project Area's buildings are deteriorated, it is unlikely that individual investment and rehabilitation will occur. Only a comprehensive program will be able to address these conditions to provide the needed rehabilitation required to improve the Meadowbrook/Central City Project Area. For commercial or industrial structures the Agency may need to acquire offending properties. Acquisition of such properties may require the use of eminent domain to accomplish the Agency's goal of eliminating these conditions of deterioration. The proposed Amendment does not provide the Agency with the power of eminent domain for residentially used properties. The Agency does not want to displace residents of the City and believes that generally, residents are in satisfactory locations. 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 of lots 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. Blighted residences and neighborhoods are being addressed through Code Compliance Department actions, the AAR Program, and the Mortgage Assistance Program for 1st time homebuyers. In October 2001, a field inspection of the Meadowbrook/Central City Project Area noted that the majority of the buildings remain deteriorated, including housing, retail establishments and industrial buildings. Additionally, a significant number of vacant, parcels were observed. According to San Bemardino County Assessor records, 2001 Secured Assessment Roll, the Meadowbrook/Central City Project Area has a total of 183 parcels. Of the 183 parcels, 65 of them are vacant, resulting in a 35.52% vacancy rate. Of the parcels without structures 92% are designated as commercial or industrial. The magnitude of structures that are aged and deteriorated poses a significant liability for the City, in regards to both health and safety issues as well as an economic liability. By allowing citizens to work and live in ROSENOW SPEVACEK GROUP. INC. OECEMBER. 2001 SAN BERNARDINO REDEVELOPMENT AGENCY - ~ -MEAllOVooaROOKlCENTRAL CITY REDEVELOPMENT PROJECT REPORT TO MAYOR AND COMMON COUNCIL deficient structures, the community is subjected to increased safety risks from fire, accidents, and other hazards found in deteriorated structures. Of additional concem is the economic impact imposed upon the Meadowbrook/Central City Project Area by having the majority of the structures in poor physical condition. As the buildings within the Meadowbrook/Central City Project Area have aged and maintenance has been deferred, property values, including those in surrounding areas have declined along with tax revenues and sales lax revenues. Discussion of these effects is included in the economic conditions of this report. ROSENOW SPEVACEK GROUP. INC. DECEMBER. 2001 SAN BERNARDINO REDEVELOPMENT AGENCY - 8-5 -MEADO'MlROOKiCENTRAL CITY REOEVELOPMENT PROJECT REPORT TO MAYOR AND COMMON COUNCIL - I ,~ '- ' ~~~~~~. , - _.. ":C~ Figure 1: This vacant building located on Court Street exhibits signs of age and obsolescence with poor paint coverage, broken windows and signs of deteriorated roofing, . Figure 2: Located at 191 S. 'E' Street, this building is indicative of the retail and commercial strips in the Project Area, it is half vacant and is showing signs of aging with weathered paint and broken windows. ROSENOW SPEVACEK GROUP. INC. DECEMBER. 2001 SAN BERNAROINO REOEVELOPMENT AGENCY . B-6 .MEAOOIMlROOKlCENTRAL CITY REOEVELOPMENT PROJECT REPORT TO MAYOR AND COMMON COUNCIL . Figure 3: This vacant building off of Stoddard Street is in violation of zoning codes with improper barbed-wire fencing, the building itself is dilapidated with cracked wails and broken windows. . Figure 4: Evidence of lack of reinvestment in the aged retail and commerciai buildings is exhibited here. This building is completely vacant as the paint is worn and the windows and doors are broken. ROSENOW SPEVACEK GROUP, INC. OECEMBER, 2001 SAN BERNARDINO REDEVELOPMENT AGENCY - 8-7 -MEADOWBROOK/CENTRAL CITY REDEVELOPMENT PROJECT REPORT TO MAYOR AND COMMON COUNCIL . Figure 5:Located at '0' Street and Rialto Avenue, the poor parcelization and the extreme deterioration of this building have resulted in this commercial lot being vacant for years. ""-y!~~~~'~,.5:)f ,.'. ~:-""~;:.. : Ri:!' I . Figure 6:This large industrial building located at 112 Arrowhead, has been vacant for years due to its deterioration and surrounding incompatible uses. ROSENOW SPEVACEK GROUP. INC. OECEMBER. 2001 SAN BERNAROINO REDEVELOPMENT AGENCY . B-8 -MEAOOWBROOKlCENTRAL CITY REDEVELOPMENT PROJECT REPORT TO MAYOR AND COMMON COUNCIL . Figure 7: This was the site of the old Wards tire/auto shop which was abandoned before Montgomery Wards went out of business, also leaving one of the anchor stores in the Carousel Mall vacant. ROSENOW SPEVACEK GROUP, INC. OECEMBER, 2001 SAN BERNAROINO REDEVELOPMENT AGENCY - B-9 -MEAOOWBROOKlCENTRAL CITY REOEVELOPMENT PROJECT REPORT TO MAYOR ANO COMMON COUNCIL MIXED AND INCOMPA TlBLE USES The Meadowbrook/Central City Project Area is characterized by cornrnercial, industrial and even residential uses located adjacent or in close proximity to each other. By allowing conflicting uses to exist adjacent to each other, local residents and businesses are faced with conditions that can be detrimental to a healthful living environrnent and can result in declining property values. Incornpatible uses present safety hazards as individuals are subjected to high levels of noise, pollution and additional traffic hazards. There is also an increased risk of exposure to dangerous and hazardous accidents that may occur at neighboring industrial sites. For exarnple, along "E" Street, residential units are located in between cornrnercial and industrial uses, and sections of Rialto and "D" Street have industrial manufacturing adjacent to comrnercial and retail centers. In fact, out of the total 21 city blocks located within the Meadowbrook/Central City Project Area, alrnost 48% of the blocks (10 total) have either mixed or incompatible uses. These conditions adversely affect the quality of life for the local residents and irnpact the local businesses. Retail and industrial uses are adversely irnpacted by their location arnong different incompatible uses. These conditions can make loading access rnore difficult because ingress and egress to cornmercial properties are rnore cornplicated. This can lead to traffic congestion and overall lirnited expansion potential. As a result, property values can decline due to the limited quality and quantity of development opportunities. In order to make redeveloprnent of this area possible, expensive corrective rneasures will be needed to reduce and/or elirninate existing incornpatibility. Conflicting uses lead to a negative physical, social, and econornic atmosphere, which leads to neglect of property and buildings. The effects of incornpatible uses and the resulting declining property values and quality of life for local residence result in reduced tax revenues to the Cornmunity, increased costs for public services, and a decline in public services and facilities. Re-establishing the power of erninent dornain will allow the Agency to effectively buffer and/or consolidate parcels to deal with the problem of incompatible land uses. Incornpatibility issues between cornmercial, industrial and residential use properties can be resolved not by rernoval and relocation of residents, but by fostering redevelopment of commercial use property on a sustainable econornic basis and by applying current building construction standards to rernodeled and new cornmercial and industrial structures and by requiring adequate buffers between different uses. Being sensitive to surrounding businesses and residents is part of being a good neighbor. ROSENOW SPEVACEK GROUP. INC. DECEMBER. 2001 SAN BERNAROINO REDEVELOPMENT AGENCY - 8-10 -MEAOOVlAlROOKlCENTRAL CITY REOEVELOPMENT PROJECT REPORT TO MAYOR ANO COMMON COUNCIL Therefore, in order to rnlnlrnlze the irnpact on residents of the Meadowbrook/Central City Project Area the proposed Arnendment does not apply to residentially occupied properties. Given the cornrnercial and industrial nature of the Meadowbrook/Central City Project Area it is believed that the need for such power is most irnportant in addressing such uses. Additionally, it is felt that were acquisition of residential properties are necessary such acquisition can be accomplished through friendly negotiations. . Figure B: Located at 207 South 'E' Street, this window tinling business is immediately adjacent to residential uses without any proper barner to protect against excess noise and lacks adequate ingress/egress causing traffic hazards for the residents. LOTS OF IRREGULAR FORM AND SIZE Lots of irregular size and shape are also prevalent in the Meadowbrook/Central City Project Area creating a hindrance to future developrnent. The Meadowbrook/Central City Project Area contains rnany parcels of land that are either too srnall, too large, or of such shape that rnakes them difficult to develop with modern building standards. In fact, there are a significant arnount of parcels that rernain vacant due to poor intersections of streets and the intersection of the 215 Freeway. Between the intersection of 3rd Street and "G" Street, there are three parcels that ROSENOW SPEVACEK GROUP. INC. OECEMBER. 2001 SAN BERNAROINO REOEVELOPMENT AGENCY - B-ll .MEADOWBRooK/CENTRAL CITY REOEVELOPMENT PROJECT REPORT TO MAYOR ANO COMMON COUNCIL rernain vacant due to their odd shape and large size that rnake them too large for individual development. Poor parcelization along "E" Street, between Court Street and 2nd Street has lead to a total of eight parcels that remain vacant because they are landlocked, too shallow for comrnercial development or of irregular form for any kind of proper development. In fact, the average cornrnerciallot size in the Meadowbrook/Central City Project Area is 0.59 acres2 whereas rnodem comrnercial developrnent requires at least five acres for adequate access and parking. The floor- space ratio for a lot of only .59 acres is 7,500 square feet, which is too srnall to accornrnodate even a restaurant. Modern comrnercial developrnent requires at least five acres for adequate parking and access to cornrnercial establishrnents. The srnaller size parcels effectively limits future redeveloprnent because they are unable to meet current parking, landscaping and building code requirernents. In order to rnitigate these blighting conditions and their effects, the Agency hopes to develop a comprehensive prograrn that will consolidate lots and redevelop or rehabilitate thern for proper future development. However, much of the housing was built over 55 years ago and subsequent cornrnercial and industrial developrnent occurred later where there was space, regardless of surrounding uses. By consolidating lots, the City would be able to unify land uses and irnprove traffic conditions created by excessive subdivided parcels. PREVALENCE OF ABSENTEE OWNERS The prevalence of absentee owners can have detrirnental effects on building conditions and their maintenance. In fact, a rnajor contributing factor to the deterioration of buildings in the Meadowbrook/Central City Project Area is the high percentage of absentee owners within the area. \lVhen owners of properly do not live within the sarne area where the property is located, there is a less likely chance that they will visit the property on a regular basis and provide the needed maintenance. This was confirmed by San Bernardino's Code Cornpliance Department, which identified absentee owners as a significant contributor to the deterioration of the buildings within the Meadowbrook/Central City Project Area. , According to information obtained frool San Bernardino County Assessor's frool Metroscan. ROSENOW SPEVACEK GROUP. INC. OECEMBER. 2001 SAN BERNAROINO REOEVELOPMENT AGENCY - B-12 .MEADOWBRooK/CENTRAL CITY REOEVELOPMENT PROJECT REPORT TO MAYOR AND COMMON COUNCIL ABSENTEE OWNERS Total Number Absentee ownelS.1 % Of AbsentOE of Parcels OwnelS Collon 13306 5409 40.65% Fontana 34718 10407 29.98% Grand Terrace 3644 983 26.98% Highland 13306 4055 30.47% Rialto 22979 5805 25.26% San Bemardino 53911 22509 41.75% CCC/Meadowbrook 394 172 43.65% *Information obtained from Metroscan where absentee owners have a different zip code (ran the business or residence they own. The significant arnount of the properties owned by owners outside of the area leads to deferred rnaintenance, which may lead to unsafe and unhealthy working and living conditions for residents of the area. These conditions can lirnit future redeveloprnent opportunities and therefore are also a contributing factor to the econornic blight in the area. IMPAIRED INVESTMENT LEADING TO HIGH VACANCY RATES & DEPRECIA TED VALUES Alrnost 44.4% of the residents of the Meadowbrook/Central City Project Area are below the poverty line. Additionally, the residents of the Meadowbrook/Central City Project Area and the overall city have substantially lower incornes when corn pared to the San Bernardino County and national averages. In fact, the per capita incorne national average is two and half tirnes greater than the average per capita incorne of the Meadowbrook/Central City Project Area residents. The lirnited in corne of the residents results in less disposable incorne and therefore less money for expenditures in the area and investment into their properties. Below is a table corn paring the income levels of the Meadowbrook/Central City residents with the City, County and national average. ROSENOW SPEVACEK GROUP. INC. DECEMBER, 2001 SAN BERNAROINO REDEVELOPMENT AGENCY - B-13 -MEAOOV'ollROOKlCENTRAL CITY REDEVELOPMENT PROJECT REPORT TO MAYOR AND COMMON COUNCIL INCOME COMPARISOW Proiect Area Citv County National Per Capita Income $ 7,336.00 $12,922.00 $20,949.00 $20,973.00 Median Household Income $15,600.00 $29 294.00 $47,400.00 $ 42,351.00 Median Family Income $25,200.00 $28,843.00 $47,200.00 $ 47,800.00 A survey of realtors in the area suggests that the econornic downturns and poor in corne levels of the residents of the area has lead to irnpaired investrnent and subsequently an overall decline in property values for the area. David Catlin of CB Richard Ellis reported that, "The poor econornic clirnate of San Bernardino has definitely had an irnpact on the cornrnercial market." As a result of the lirnited disposable incorne of the residents of the City and Project Area, the retail and cornrnercial rnarkets have suffered. As reported by the San Bernardino Business Registration Division, frorn January 1999 to Septernber 2001, a total of 633 rnore businesses have closed their accounts (businesses) than opened new businesses. Business Closures III Ql III III Ql C '(jj ::J m ... o .. Ql .0 E ::J Z 600 500 400 300 200 " 100 ' o " " r-J. n "" ".. .. ~J}~A". . ilI.- -- Difference -- Closed Accts --+- ORened Accts Rl Rl Rl Rl Io.'OS 51l cJ.1~ ~'lf 0(Q~ ~ ~ " " 10.'<:5 }5 10.'<:) ~ ~'1i 0(Q~ ~'1i 0(Q~ II""""'I~ IC'vt:'1:J IJCI~ VII LV\A.J~I~:) ....IUJIl:l\AIIJI~; Months ROSENOW SPEVACEK GROUP, INC. DECEMBER. 2001 SAN BERNAROINO REDEVELOPMENT AGENCY - B-14 -MEAOOVlllROOKlCENTRAl CITY REOEVElOPMENT PROJECT REPORT TO MAYOR AND COMMON COUNCil This has led to fairly high vacancy rates for both the retail and office market that makes up the majority of land use in the Meadowbrook/Central City Project Area. For example. the Carousel Mall, which makes up the majority of the Central City Project Area, has 22 vacancies out of a total of 61 retail stores. In fact, of the three anchor stores in the mall only JCPenney's remains in operation. due to the Harris store closure in 1996 and the bankruptcy of Montgomery Wards. Also indicative of the irnpaired investment in the area is the low lease rates for retail and office space in the area. According to quarterly reports produced by CB Richard Ellis, retail space in the Meadowbrook/Central City Project Area is approximately 18% lower than compared to the overall Inland Empire market, and office space is leasing at approximately 39% lower rates than the rest of the Inland Empire market4. Below is a table comparing the office and retail vacancy rates and lease rates to the City and the Inland Empire markets. Lease Rates VacancY Rate RETAIL Inland EmDire $ 1.04 11.62% San Bemardino $ 1.00 14.84o/c Proiect Area $ 0.86 32.8O"A OFFICE Inland EmDire $ 1.41 15.80% San Bemardino $ 1.17 29.60% ProiAct Area $ 1.0~ 31.00"A DaIa Sclull:lH;B RdlaRl EIis t" Quarter Regional ~ The combination of the economic and physical conditions that exist within the Meadowbrook/Central City Project Area have had detrimental physical. social, and economic conditions that have been negatively impacting not only the Meadowbrook/Central City Project Area but has been a burden to the City as a whole. Only by allowing the Agency to continue its projects with the power of eminent domain, will it be able to consolidate parcels and organize land uses so that proper development can occur and the entire area as a whole can become econornically prosperous. However, in order to minimize the impact on residents of the Project Are the proposed Amendrnent does not apply to residentially occupied properties. Given the need to address the problems of the comrnercial and few industrial properties it is believed that the need for assembly and lot consolidation through the possible use of eminent domain can be limited to such uses. Additionally, it is felt that if acquisition of . Based on t" Quarter 2001 reports produced by CB RichaJd Ellis. ROSENOW SPEVACEK GROUP. INC. DECEMBER. 2001 SAN BERNARDINO REDEVELOPMENT AGENCY - 8-15 -MEAOOVIollROOKlCENTRAL CITY REOEVELOPMENT PROJECT REPORT TO MAYOR ANO COMMON COUNCIL residential properties were necessary such purchases can be accomplished through friendly negotiations. ROSENOW SPEVACEK GROUP, INC. OECEMBER, 2001 SAN BERNARDINO REDEVELOPMENT AGENCY - 8-16 -MEAOQIMIROOKlCENTRAL CITY REOEVELOPMENT PROJECT REPORT TO MAYOR AND COMMON COUNCIL Section FIVe- Yeer ImperrenIatbn Plan On December 20, 1999, the Agency adopted its current Five Year Implementation Plan for the Project ("Implementation Plan"). The Implementation Plan contains specific goals and objectives for the Meadowbrook/Central City Project Area, the specific projects and expenditures proposed to be made during the five-year planning period, and an explanation of how these goals, objectives, and expenditures will eliminate blight within the Meadowbrook/Central City Project Area. The Implementation Plan is not affected by this Amendment, and is incorporated herein by reference. ROSENOW SPEVACEK GROUP, INC. OECEMBER. 2001 SAN BERNARDINO REDEVELOPMENT AGENCY - C-l -MEAOOVloBROOKlCENTRAL CITY REOEVELOPMENT PROJECTsREPORT TO MAYOR AND COMMON COUNCIL m Wny 100 Billi1cful d Brght ard ROOevebpnent Calrd Be ~ by Private En1arlise Mirg Akre cr by 100 Pgrefs Use dFncni"g.AJtemalives 0Irer Ilm Tax lraement Section 33352(d) of the Law requires an explanation of why the elimination of blight in the Meadowbrook/Central City Project Area cannot be accomplished by private enterprise alone, or by the Agency's use of financing alternatives other than tax increment financing. This infomnation was previously provided in the Original Reports and supporting documentation prepared and provided at the time of the adoption of the original Plan. The proposed Amendment will not make any changes which would affect the validity of the previously prepared documentation. ROSENOW SPEVACEK GROUP, INC. DECEMBER, 2001 SAN BERNARDINO REDEVELOPMENT AGENCYs- 0-1 -MEAllO'MlROOKlCENTRAL CITY REDEVELOPMENT PROJECT REPORT TO MAYOR ANO COMMON COUNCIL n 1re t. ~ ctFlna"drg Section 33352(e) of the Law requires inclusion of a proposed method of financing the Project. This documentation was provided in the Original Reports, incorporated herein by reference. Because the Amendment will not alter the Meadowbrook/Central City Project Area boundaries or affect the base year value of the Meadowbrook/Central City Project Area, the Amendment will not change the method of financing the Project. ROSENOW SPEVACEK GROUP, INC. OECEMBER, 2001 SAN BERNARDINO REDEVELOPMENT AGENCY . E.1 .MEAOOVvllROOKlCENTRAL CITY REDEVELOPMENT PROJECT REPORT TO MAYOR AND COMMON COUNCIL n The Rekx:alD1 Aal Section 33352(1) of the Law requires inclusion of a method of relocation for the Project. Concurrent with the adoption of the original Plans in 1958 and 1965, the Agency adopted as its rnethod of relocation the Califomia Relocation Assistance and Real Property AcqUisition Guidelines, as they existed or are subsequently amended. Also, as a public agency, the Agency is required to adhere to State Relocation Law to the extent relocation is necessary. The Amendment does not alter the Agency's existing method of relocation. ROSENOW SPEVACEK GROUP, INC. DECEMBER. 2001 SAN BERNARDINO REDEVELOPMENT AGENCY - F-l -MEAOO'MlROOKlCENTRAL CITY REDEVELOPMENT PROJECT REPORT TO MAYOR ANO COMMON COUNCIL Section ~ctthe Prelininay Pal Section 33352(g) of the Law requires the inclusion of an analysis of the Preliminary Plan. This information was provided in the Original Reports prepared at the time the original Plans were adopted. The proposed Amendment does not alter the analysis of the Preliminary Plan contained in the Original Reports. ROSENOW SPEVACEK GROUP. INC. DECEMBER, 2001 SAN BERNARDINO REDEVELOPMENT AGENCY - G-1 -MEADOWBROOK/CENTRAL CITY REOEVELOPMENT PROJECT REPORT TO MAYOR AND COMMON COUNCIL I!I ~cm REmnrrerdalOO cite Aannirg CcJnrr15s01 Section 33352(h) of the Law requires inclusion of a report and recommendation of the City of San Bemardino Planning Commission ("Planning Commission"). The Planning Commission selected a project area and prepared the Preliminary Plan on July 16, 1963, in which they recommended approval through mernos and no resolution was needed at the time. On February 4, 1958, the Planning Commission adopted a resolution recommending approval of the Meadowbrook Redevelopment Project. The Planning Cornmission then created a plan area with the adoption of Resolution NO.1 on February 9, 1954 and Resolution NO.3 on May 12, 1954. ROSENOW SPEVACEK GROUP. INC. DECEMBER. 2001 SAN BERNARDINO REOEVELOPMENT AGENCY - H-1 -MEAOOVvBROOKlCENTRAL CITY REDEVELOPMENT PROJECT REPORT TO MAYOR AND COMMON COUNCIL n Re(xxt ctte City Prqedkoo Corm1ittee On October 25, 2001 the Agency held a Community meeting to infonn the residents, business and property owner of the proposed Amendment. ROSENOW SPEVACEK GROUP, INC. OECEMBER. 2001 SAN BERNARDINO REOEVELOPMENT AGENCY -11 -MEAOOVIIllROOKlCENTRAL CITY REDEVELOPMENT PROJECT REPORT TO MAYOR ANO COMMON COUNCIL II General PIerI Ca1farncrre Section 333520) of the Law requires a finding of General Plan conformance per Section 65402 of the Govemment Code. Concurrent with the original adoption of the Plan, the Planning Commission adopted a finding that the Plan conformed to the City's General Plan. ROSENOW SPEVACEK GROUP. INC. DECEMBER, 2001 SAN BERNAROINO REOEVELOPMENT AGENCY - J 1 -MEAOOIMlROOKlCENTRAL CITY REOEVELOPMENT PROJECT REPORT TO MAYOR AND COMMON COUNCIL n Envioorrental Em.rrerltalm Section 33352(k) of the Law requires environmental clearance prepared pursuant to Section 21151 of the Public Resources Code. Concurrent with the merger of the Original Plan in 1976, the Agency prepared a Program Environmental Impact Report ("EIR") to review and mitigate impacts associated with Plan implementation. The EIR was included in the Original Reports and is incorporated herein by reference. For the Amendrnent, an Initial Study was prepared pursuant to Califomia Environmental Quality Act guidelines, which found that the proposed Amendment to re-instate the time limit of the Plan's existing eminent domain authority would not have a significant adverse impact on the environment with the incorporation of mitigation measures. As such, in November 2001, an Addendurn to the 1975 Environmental Impact Report ("EIR") for the proposed Amendrnent was completed. On December 3, 2001, the Agency will consider a resolution certifying the Addendum to the EIR. A copy of the Addendum to the EIR is included as Exhibit 3 to this Report. ROSENOIN SPEVACEK GROUP, INC. DECEMBER. 2001 SAN BERNARDINO REDEVELOPMENT AGENCY - K 1 -MEAOOWBROOKlCENTRAL CITY REDEVELOPMENT PROJECT REPORT TO MAYOR AND COMMON COUNCIL n ReJ:xxt ct1he Ca.nIy Fi&3 arrer The proposed Amendment does not alter Meadowbrook/Central City Project Area boundaries; therefore, the 1957-58 base year report for Central City and the 1964-65 base year report for Meadowbrook prepared pursuant to Section 33328 of the Law by the City of San Bernardino Auditor-Controller and State Agency of Equalization, respectively ("Base Year Report"), does not need to be refomnulated. The Base Year Reports are included in the Original Reports and incorporated herein by reference. ROSENOWSPEVACEK GROUP. INC. DECEMBER, 2001 SAN BERNAROINO REDEVELOPMENT AGENCY - L 1 -MEAoov.BROOKlCENTRAL CITY REOEVELOPMENT PROJECT REPORT TO MAYOR AND COMMON COUNCIL II ~tmfmj IrllBiRerat The Redevelopment Law requires that a Neighborhood Impact Report discuss the impact the Plan will have on low and moderate income persons or farnilies in the following areas: relocation, traffic circulation, environmental quality, availability of community facilities and services, effect on school population and quality of education, property assessments and taxes, and other matters affecting the physical and social quality of the neighborhood. The Neighborhood Impact Report must also address: the number of dwelling units to be removed or destroyed; the number of low or moderate income persons or families expected to be displaced; the general location of housing to be rehabilitated or constructed; the number of dwelling units to house persons and families of low or moderate income planned for construction or rehabilitation; the projected means of financing the aforementioned dwelling units; and the projected timetable for meeting the Plan's relocation, rehabilitation and replacement housing objectives. Relocation At this time, full redeveloprnent of the Project Area is not expected to cause substantial relocation. Agency staff does not anticipate the removal or destruction of dwelling unit as of the date of this Report. If relocation activities are undertaken, the Agency will handle those relocation cases, which result from project activities on a case-by-case basis, in accordance with its Method of Relocation. As an Agency fomned under the provisions of state law, the Agency is required to adhere to the State Relocation Law (Government Code Sections 7260 through 7277) and follow the California Relocation Assistance and Real Property Acquisition Guidelines ("State Guidelines') as established in the California Code of Regulations, Title 25, Chapter 6. Prior to commencement of any acquisition activity, which will cause substantial displacement of residents, the Agency will adopt a specific relocation plan in confomnance with the State Guidelines. To the extent appropriate, the Agency may supplement those provisions provided in the State Guidelines to meet particular relocation needs of a specific project. Such supplemental policies, if adopted in the Agency's sole discretion, will ROSENOW SPEVACEK GROUP, INC. DECEMBER. 2001 SAN BERNARDINO REOEVELOPMENT AGENCY - M 1 -MEADOWBROOK/CENTRAL CITY REDEVELOPMENT PROJECT REPORT TO MAYOR AND COMMON COUNCIL not involve reduction, but instead enhancement of the relocation benefits required by State Law. Traffic Circulation Traffic circulation impacts resulting from the Project are discussed in Section VI of the Addendum EIR referenced in Section K of this Report and included under separate cover. The Amendment will allow the Agency to construct road improvements, either to directly address inadequacies, such as the widening of streets, or provide improvements that will alleviate existing pressure on major thoroughfares, that would otherwise be delayed indefinitely without Agency assistance. Several projects related to circulation and traffic improvements are proposed in the Plan; these projects are listed in Section A of this Report. These proposed projects generally include street widenings, upgrading existing improvernents, widening intersections, installing street signals, and extending streets. Environmental Qualitv The primary goal of the 2001 Amendment is to improve the overall environment quality of the Project Area by addressing existing deficiencies. The Amendment seeks to eliminate continuing blighting conditions and cause improvements including traffic circulation, sewer, stomn drain, streetscape, parking, and other improvements. The Addendum EIR reviewed the impacts of the 2001 Amendment, including the potential new development and public improvements that could be facilitated by the Agency. The Addendum EIR found that there would be no significant, unavoidable adverse impacts as a consequence of the 2001 Amendment. Because the 2001 Amendment does not propose uses or intensities beyond the General Plan, adherence to adopted General Plan policies will ensure that redevelopment project implementation will not have impacts beyond the limits established by the General Plan. V\lhere applicable, the Addendum EIR outlines mitigation measures, which will be required of future development in order to assure that the quality of the environment is maintained. Additionally, where required, more specific environmental analysis will take place as required by the California Environmental Quality Act, Public Resources Code Sections 21000, et ~ ("CEQA"). Availability of Community Facilities and Services The Plan provides that any redevelopment activity is to be subject to, and consistent with, the policies set forth in the City's General Plan, Development Code, and local codes and ordinances, as they now exist or ROSENOW SPEVACEK GROUP, INC. OECEMBER. 2001 SAN BERNARDINO REDEVELOPMENT AGENCY - M 2 -MEAOOIIIIBROOKlCENTRAL CITY REDEVELOPMENT PROJECT REPORT TO MAYOR AND COMMON COUNCIL are hereafter amended; the General Plan incorporates policies to mitigate impacts on public services. The Addendum EIR found that there would be no impacts to cultural resources and services as a result of the implementation of the Plan, as amended. Effect on School PODulation and Quality of Education The Project Area is served by the San Bemardino Unified School District ("School District"). VVhile activity to be undertaken by the Agency pursuant to the Plan at this point in time may encourage additional development within the Project Area, the School District that serves the Area will receive state property tax revenues, development fees for new school construction, and mandatory payrnents from the Agency every year over the life of the Plan. As identified in the Public Services Report, Section XI of the Addendum EIR, is that this Amendment will not create additional need for new schools in the area. Adoption of the 2001 Amendment will not result in development in excess of that allowed by the City's General Plan. Therefore, the adoption of the 2001 Amendment will not cause the Project Area to generate more students than could occur in connection with development allowed in the General Plan. Since the City has adopted policies in the General Plan to mitigate impacts of General Plan build out on schools, adoption of the 2001 Amendment will not create significant unmitigated impacts. The potential impact of additional students on area schools can be more accurately detemnined once specific redevelopment proposals are fomnulated. In addition, the overall impact of the 2001 Amendment on school facilities will be positive, as redevelopment activities will result in enhanced economic viability of the Project Area and thus a larger tax revenue base for the School Districts. Additionally, pursuant to the CRL, the Agency is required to make tax- sharing payments to the affected taxing entities, including school districts, from its annual allocation of tax increment revenues. The payments are designed to alleviate any financial burden or detriment that the affected taxing entities may incur as a result of the adoption of the 2001 Amendment. Prooertv Taxes and Assessments Because redevelopment agencies do not have the authority to levy taxes, implementation of the 2001 Amendment will not cause an increase in property tax rates. Rather, the principal method of financing will be the utilization of tax increment revenues generated by the Project Area. Tax increment financing merely reallocates property tax revenues generated ROSENOW SPEVACEK GROUP, INC. OECEMBER, 2001 SAN BERNARDINO REDEVELOPMENT AGENCY - M 3 -MEADOWBROOKlCENTRAL CITY REDEVELOPMENT PROJECT REPORT TO MAYOR AND COMMON COUNCIL by increases in the assessed value of property in the Project Area. Although development of the Project Area will increase the assessed valuation, property owners will not experience increases in property taxes beyond those nomnally allowed by other state law and state constitutional provisions. Low and Moderate Income Housina Proaram A. Number of Dwelling Units Housing Low and Moderate Income Households Expected to be Removed by the Redevelopment Project The Agency does not anticipate that adoption of the 2001 Amendment, would cause the removal of any housing units in the Project Area, as of the date of this Report. B. Number of Persons and Families of Low and Moderate Income Expected to be Displaced by the Redevelopment Project As discussed above, the Agency does not anticipate that the adoption of the 2001 Amendment would cause the displacement of any persons or families of low and moderate income in the Added Area, as of the date of this Report. C. General Location of Replacement Low and Moderate Income Housing to be Rehabilitated, Developed and Constructed The Agency has prepared a Housing Affordability Compliance Plan ("Compliance Plan"), which is part of the 1999 Implementation Plan for the Project Area. The Compliance Plan addresses the Agency's housing production needs. As set forth in the Compliance Plan, the Agency does not anticipate undertaking any activities at this time which will result in the destruction or removal of dwelling units housing persons and families of low or moderate income and thus the Agency does not have any replacernent obligations under Section 33413(a) of the CRL. In the event that any such destruction or rernoval should occur, the Agency is bound by the CRL to replace within four years, by a variety of means, any low and moderate income dwelling units removed by a redevelopment project. In addition, the Agency does not anticipate the construction of any residential units; therefore, the Agency does not have any inclusionary housing requirements under Section 33413(b) of the CRL. ROSENOW SPEVACEK GROUP. INC. DECEMBER. 2001 SAN BERNARDINO REDEVELOPMENT AGENCY - M 4 -MEAOOWBROOKlCENTRAL CITY REDEVELOPMENT PROJECT REPORT TO MAYOR ANO COMMON COUNCIL D. Number of Dwelling Units Housing Persons of Low and Moderate Income Planned for Construction or Rehabilitation Other than Replacement Housing Because the Agency has not yet fomnulated and approved specific housing proposals, it is difficult to detemnine the exact number or location of low and moderate income units expected to be rehabilitated over the life of the Project. In addition, funds over the next five years in particular are very limited and there is little vacant land remaining in the Project Area. E. Projected Means of Financing Rehabilitation and New Construction of Housing for Low and Moderate Income Households The Agency intends to utilize not less than 20% of the Project's tax increment revenues to finance the rehabilitation and construction of housing for low and moderate-income households, in accordance with the provisions of the CRL, as it now exists or may hereafter be amended. The Agency will also cooperate with the City to pool funds and resources beyond the tax increment set aside funds if it is detemnined to be necessary by both bodies in order to improve the City's affordable housing stock. F. Projected Timetable for Meeting the Plan's Relocation, Rehabilitation and Replacernent Housing Objectives The adoption of the 2001 Amendment is not expected to cause the Agency to remove or relocate any dwelling units in the Project Area. The tirne frame for rehabilitating units pursuant to the Plan will be subject to the availability of housing fund revenues. Rehabilitation activities will be gradually phased in over each of the remaining years of the Plan. ROSENOW SPEVACEK GROUP, INC. OECEMBER, 2001 SAN BERNARDINO REDEVELOPMENT AGENCY - M 5 -MEADOWBROOK/CENTRAL CITY REOEVELOPMENT PROJECT REPORT TO MAYOR AND COMMON COUNCIL A St.mray ct kJ:reiCalstJalDl WIh AffaiOO Taxirg ~ As a part of the Original Plans adoption activities, the Agency consulted with affected taxing agencies to discuss the Plan's impacts and fomnulate fiscal mitigation agreements. The proposed Amendment would not detrimentally impact affected taxing agencies because the Amendment does not affect the financing of the Meadowbrook/Central City Project Area in any way, nor will it change the plan's land use policies or list of public improvement projects. On October 18, 2001, the Agency transmitted the notice of the December 3, 2001 joint public hearing to all affected taxing agencies. Thus far, the Agency has not been contacted by any taxing agencies seeking consultations regarding the Amendment. ROSENOW SPEVACEK GROUP. INC. DECEMBER. 2001 SAN BERNARDINO REDEVELOPMENT AGENCY MEADOWBROOK/CENTRAL CITY REDEVELOPMENT PROJECT REPORT TO MAYOR ANO COMMON COUNCIL Exhibit 1 Meadowbrook/Central City Project Area Map ROSENOW SPEVACEK GROUP, INC. DECEMBER. 2001 SAN BERNARDINO REDEVELOPMENT AGENCY MEAOOWBROOKlCENTRAL CITY REOEVELOPMENT PROJECT REPORT TO MAYOR AND COMMON COUNCIL Exhibit 2 Photo Survey/Samples of Existing Conditions ROSENOW SPEVACEK GROUP, INC. DECEMBER, 2001 SAN BERNAROINO REDEVELOPMENT AGENCY MEAOOWBROOKlCENTRAL CITY REOEVELOPMENT PROJECT REPORT TO MAYOR ANO COMMON COUNCIL .- , < . > . ~ 1i <01'-- i r ~~ I tJ ~' ,~, ~ ~(") :~, R'.1ilir,OI ,- r~' .." 'f'! 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Services MEMORANDUM DATE: November 8, 2001 Project: Meadowbrook/Central City TO: Margaret Park, Project Manager City of San Bernardino Economic Development Agency FROM: Nancy Ferguson, Senior Project Manager SUBJECT: Environmental Assessment for the Reinstatement of Eminent Domain in the Meadowbrook/Central City Redevelopment Project Area Lilburn Corporation has completed an environmental evaluation of the Economic Development Agency's proposed reinstatement of eminent domain in the Meadowbrook/Central City Redevelopment Project Area. The reinstatement is necessary because the Agency's power of eminent domain has expired. The Redevelopment Plan was evaluated in a Program Environmental Impact Report (EIR) certified by the Agency in 1975 in conjunction with the adoption of the Redevelopment Plan for the Overall Central City Project Area. The California Environmental Quality Act (CEQA) requires that when a project has been evaluated in an EIR, the lead agency must make a determination that any changes in the project description after the project has been approved will not have a significant effect on the environment. Our evaluation included a review of the Redevelopment Plans and certified EIR, a windshield survey of the Project Area, and a review of existing regulatory agencies' plans and policies regarding development proposals. The environmental evaluation included the completion of the City's Initial Study Environmental Checklist which allowed us to look at a variety of environmental issues to determine if reinstatement of eminent domain would have an environmental effect not otherwise considered in the Program EIR prepared for the project. The Initial Study is attached. Our preliminary review determined that the Redevelopment Project and its boundaries are the same, the types of land uses considered in the Program EIR have not changed, and that the use of eminent domain as a tool to facilitate redevelopment in the Project Area was identified in the description of the Redevelopment Plan evaluated in the Program EIR. Based on this information, our conclusion is that simply reinstating an optional mechanism for facilitating redevelopment such as eminent domain in an established project area does not cause a significant effect on the environment. CEQA states that if a lead agency can determine that only minor technical changes or additions to an EIR are necessary to support the project, the agency may prepare and addendum to the EIR (CEQA Guidelines Section I 5 I 64(a)(b). 1905 Business Cenler Drive' San Bemardino . CA 92408 . 909-890-18 I 8 . Fax 909-890-1809 Meadowbrook/Central City Redevelopment Project Area Page 2 Our conclusion is that the Program EIR, in conjunction with an Addendum - in the form of the Initial Study to update existing physical and regulatory conditions - is adequate. The Program ErR and Addendum provide the Agency with the information to support the conclusion that the implementation of the Meadowbrook/Central City Redevelopment Plans, including the use of eminent domain to stimulate or otherwise facilitate redevelopment, does not produce substantial changes which will require major revisions of the Final ErR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. LILBURN CORPORATION CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT INITIAL STUDY Project Title: Reinstatement of Eminent Domain in the Meadowbrook/Central City Redevelopment Project Area Lead Agency Name: City of San Bemardino Economic Development Agency Address: 201 North E Street, Third Floor San Bernardino, CA 92401-1507 Contact Person: Margaret Park, AICP Phone Number: (909) 663-1044 Project Location (Address/Nearest cross-streets): The Meadowbrook/Central City Redevelopment Project Area is located in the southeast sector of the Central City Area of the City of San Bernardino, incorporating 590 acres. The Meadowbrook Project Area is an L-shaped area bounded on the west by the 1-215 freeway between Third and Fourth streets; on the east by Sierra Way between Second Street and the BNSF Railroad right-of-way; on the north by Fourth Street between the 1-215 Freeway and E Street; and on the south by Athol Street between E Street and Arrowhead A venue. Figure I shows the regional location of the Project Area while Figure 2 shows the Project Area boundaries. Project Sponsor: Address: City of San Bernardino Economic Development Agency 201 North E Street, Third Floor San Bernardino, CA 92401-1507 Description of Project (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off-site features necessary for its implementation. INTRODUCTION The Meadowbrook Redevelopment Plan was adopted in 1958 and predates the California Environmental Quality Act (CEQA). However, the Overall Central City Plan and Program EIR adopted by the Redevelopment Agency of the City of San Bernardino (later designated the Economic Development Agency) in 1975 encompassed the Meadowbrook Redevelopment Project Area. The Overall Central City Plan covers approximately 80 square blocks (640 acres or one square mile) of downtown San Bernardino. The Program EIR addressed the potential environmental impacts generally associated with the redevelopment of the City's Central Core and included the following Redevelopment Project areas: Central City West, Central City Project No. I (Central City Mall) Central City North, Central City East, Central City South and Meadowbrook. In 1977, the Agency adopted Ordinance No. 3683 to merge the Meadowbrook Redevelopment Project and the Central City Project No.1. The Agency's use of eminent domain was a part of the Overall Central City Area Redevelopment Project when it was approved in 1975. Eminent domain authority allows agencies to acquire properties within a project area in order to facilitate redevelopment. This authority cannot exceed 12 years. At the end of the 12 year period the redevelopment plan must be amended to address continuance or reinstatement of eminent domain. The Agency is now proposing to reinstate its power of eminent domain in the existing Meadowbrook/Central City Redevelopment Project Area for an additional 12 years for those parcels that have a non-residential General Plan designation and/or have an existing non-residential use. Eminent domain will 610/Meadowbrook Initial SludylNuventlt:r 8. 2001 lS-1 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT I INITIAL STUDY allow the Agency to assemble properties for conveyance to private entities that in turn will develop those properties with appropriate land uses. Reinstating the power of eminent domain will not affect existing residential neighborhoods nor alter the Project Area boundaries. The California Environmental Quality Act (CEQA) requires that when a project has been evaluated in an Environmental Impact Report (EIR), the lead agency must make a determination that any changes in the project description after the project has been approved will not have a significant effect on the environment. The Program EIR for the Overall Central City Area Redevelopment Project was certified in 1975. According to CEQA Guidelines Section 15162, when an EIR has been certified for a project, no subsequent ElR shall be prepared unless the lead agency determines that changes in the project or in the circumstances under which the project will be carried out, could cause potentially significant effects on the environment not already addressed in the certified ElR. This Initial Study has been prepared to provide information to the Agency about the existing physical and regulatory environment that may affect redevelopment of the Meadowbrook Project/Central City Area. Although the Redevelopment Project and its boundaries are the same, and the reinstatement of eminent domain as a tool to facilitate redevelopment in the Project Area does not. in and of itself, constitute significant new information, changes in the existing physical or regulatory environment during the past 25 years may be considered substantial with respect to the circumstances under which the project is undertaken (CEQA Guidelines 15162 (a)(2)). Findings of the Initial StudylEnvironrnental Checklist have determined that the appropriate subsequent environmental document the Agency may use to support the Redevelopment Project is an addendum to the certified Program EIR. The lead agency may prepare an addendum to a previously certified EIR if some changes or additions to the project description are necessary but none of the conditions constitute substantial changes that would involve significant environmental effects. An addendum provides the Agency with the information to support the conclusion that the continued implementation of the Meadowbrook Redevelopment Plan including the use of eminent domain to stimulate or otherwise facilitate redevelopment "does not produce substantial changes which will require major revisions of the Final EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects", This determination is for the use of an addendum in accordance with CEQA Guidelines Section l5l64(a). 610/Meadowbrook Initial SludylNovemher 8. 2001 lS-2 \ 1_- \ I Q) ~ ~ " --::11 Ol 1-----': u:: I , II l 1 f=-J' \... - I ~ ;:. T . \ .' ...~~,~ - ~ 1-1- I T :t-T.'-~ ~ /~ 1 ~- ~ I I ~ l~ J I !:.-, I'/. -H I- YIILr: ~ '-- v ,...-- ~ '- ... 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" " c ~ I- Z ~ . .. . .. .' . . e . . Ii > c ~ ;; i1 ~ @ @ @~ @ @@ :taaJIS ..Q.. @ @ .aaJ'~3.. i Do " :E " " ." .E >- u c: " 0> <( 'E " II) [ .J: ~ C. > D ~ ... u m 'E o g .. 0 o .Jj .J: g D. 'E o E " '" c: o Vl ~~ :=>~ o:lo ......:l~ -0 ......:lu CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT INITIAL STUDY ENVIRONMENT AL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. D Land Use and Planning D Transportation/Circulation D Public Services D Population and Housing D Biological Resources D Utilities D Earth Resources D Energy and Mineral Resources D Aesthetics D Water D Hazards D Cultural Resources D Air Quality D Noise D Recreation D Mandatory Findings of Significance Determination. On the basis of this Initial Study/Environmental Checklist, the Economic Development Agency of the City of San Bernardino finds: That the proposed project COULD NOT have a significant effect on the environment, and a D NEGA TIVE DECLARATION will be prepared. That although the proposed project could have a significant effect on the environment, there D will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared. That the proposed project MA Y have a significant effect on the environment, and an D ENVIRONMENTAL IMP ACT REPORT is required. That although the proposed project could have a significant effect on the environment, there Ig] WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier ElR pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. Signature Date Printed Name 610/Meadowbrook Initial Sludy/Nowmber 6. 2001 IS-3 ~ CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT INITIAL STUDY Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact I. LAND USE AND PLANNING. Will the proposal result in: a) A conflict with the land use as 0 0 0 181 designated based on the review of the General Plan Land Use Plan/Zoning Districts Man? b) Development within an Airport District 0 0 0 181 as identified in the Air Installation Compatible Use Zone (AlCUZ) Report and the Land Use Zoning District Man? c) Development within Foothill Fire Zones 0 0 0 181 A & B. or C as identified on the Land Use Districts Zoning Map? d) Other? 0 0 0 0 II. POPULATION AND HOUSING. Will the nronosal: a) Remove existing housing (including 0 0 0 181 affordable housing) as verified by a site survey/evaluation? b) Create a significant demand for 0 0 0 181 additional housing based on the proposed use and evaluation of project size? c) Induce substantial growth in an area 0 0 0 181 either directly or indirectly (e.g., through projects in an undeveloped area or an extension of major infrastructure)? 6101Meadowbrook Inilial Srudy/Novemher 6. 2001 IS-4 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT INITIAL STUDY Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact III. EARTH RESOURCES: Will the proposal result Ill: a) Earth movement (cut and/or fill) on 0 0 0 Ii9 slopes of 15% or more based on information contained in the Preliminary Proiect DescriDtion Form No. D? b) Development and/or grading on a slope 0 0 0 Ii9 greater than 15% natural grade based on review of General Plan HMOD maD? c) Erosion, dust or unstable soil conditions 0 0 Ii9 0 from excavation, grading or fill? d) Development within the Alquist-Priolo 0 0 0 Ii9 Special Studies Zone as defined in Section 12.0-Geologic & Seismic, Figure 47, of the Citv's General Plan? e) Modification of any unique geologic or 0 0 0 Ii9 llhysical feature based on field review? t) Development within areas defined as 0 0 0 Ii9 having high potential for water or wind erosion as identified in Section 12.0- Geologic & Seismic, Figure 53, of the City's General Plan? g) Modification of a channel, creek or river 0 0 0 Ii9 based on a field review or review of USGS Topographic Map (Name) San Bernardino. South. h) Development within an area subject to 0 0 Ii9 0 landslides, mudslides, subsidence or other similar hazards as identified in Section l2.0-Geologic & Seismic, Figures 48, 51, 52 and 53 of the City's General Plan? 6101M~adowbrook Inilial SlUdylNovenkr6. 2001 IS-5 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT INITIAL STUDY Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact i) Development within an area subject to 0 0 1&1 0 liquefaction as shown in Section 12.0- Geologic & Seismic, Figure 48, of the City's General Plan? i) Other? 0 0 0 0 IV. WATER. Will the proposal result in: a) Changes in absorption rates, drainage 0 0 1&1 0 patterns, or the rate and amount of surface runoff due to impermeable surfaces that cannot be mitigated by Public Works Standard Requirements to contain and convey runoff to approved storm drain based on review of the proposed site plan? b) Significant alteration in the course or 0 0 0 1&1 flow of flood waters based on consultation with Public Works staff? c) Discharge into surface waters or any 0 0 0 1&1 alteration of surface water quality based on requirements of Public Works to have runoff directed to approved storm drains? d) Changes in the quantity or quality of 0 0 0 1&1 ground water? e) Exposure of people or property to flood 0 0 0 1&1 hazards as identified in the Federal Emergency Management Agency's Flood Insurance Rate Map 06071 C7940F and Section l6.0-Flooding, Figure 62, of the City's General Plan? f) Other? 0 0 0 0 61O/Meadowbrook Initial StudylNovenkr 6. 2001 IS-6 . CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT INITIAL STUDY Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact V. AIR QUALITY. Will the proposal: a) Violate any air quality standard or 0 0 181 0 contribute to an existing or projected air quality violation based on the thresholds in the SCAQMD's "CEQA Air Quality Handbook"? b) Expose sensitive receotors to pollutants? 0 0 0 181 c) Alter air movement, moisture, or 0 0 0 181 temperature, or cause any change in climate? d) Create objectionable odors based on 0 0 0 181 information contained in the Preliminary Environmental Descriotion Form? VI. TRANSPORT A TION/CIRCULA TlON. Could the ~2osal result in: a) A significant increase in traffic volumes 0 0 181 0 on the roadways or intersections or an increase that is significantly greater than the land use designated on the General Plan? b) Alteration of present patterns of 0 0 181 0 circulation? c) A disjointed pattern of roadway 0 0 0 181 imnrovements? d) Impact to rail or air traffic? 0 0 0 181 e) Insufficient parking capacity on-site or 0 0 0 181 off-site based on the requirements in Chapter 19.24 of the Development Code? 61Qn.1eadowl:lrook Initial StudylNo\'emher 6. 200] IS-7 I CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT INITIAL STUDY POlenlially Significant Potenlially Unless Less Than Significanl Mitigation Significant No Impacl Incorporated Impact Impact f) Increased safety hazards to vehicles, 0 0 0 181 bicvclists or Redestrians? g) Conflict with adopted policies 0 0 0 181 suooorting alternative transoortation? h) Inadequate emergency access or access 0 0 0 181 to nearby uses? i) Other? 0 0 0 0 VII. BIOLOGICAL RESOURCES. Could the orooosal result in: a) Development within the Biological 0 0 0 181 Resources Management Overlay, as identified in Section W.O-Natural Resources, Figure 4 I, of the City's General Plan? b) Impacts to endangered, threatened or rare 0 0 0 181 species or their habitat (including, but not limited to, plants, mammals, fish, insects and birds)? c) Impacts to the wildlife disbursal or 0 0 0 181 migration corridors? d) Impacts to wetland habitat (e.g., marsh, 0 0 0 181 rioarian and vernal ooon? e) Removal of viable, mature trees based on 0 0 0 181 information contained in the Preliminary Project Description Form and verified by site survey/evaluation (6" or greater trunk diameter at 4' above the ground)? f) Other? 0 0 0 0 61O/Meadowbrook Initial StudylNovember 6.2001 18-8 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT INITIAL STUDY Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact V11I. ENERGY AND MINERAL RESOURCES. Would the proposal: a) Conflict with adopted energy 0 0 0 181 conservation plans? b) Use non-renewable resources in a 0 0 0 181 wasteful and inefficient manner? c) Result in the loss of availability of a 0 0 0 181 known mineral resource that would be of future value to the region and the residents of the State? IX. HAZARDS. Will the proposal: a) Use, store, transport or dispose of 0 0 181 0 hazardous or toxic materials based on information contained in the Preliminary Environmental Description Form, No. GO) and G(2) (including, but not limited to, oil, pesticides, chemicals or radiation)? b) Involve the release of hazardous 0 0 181 0 substances? c) Expose people to the potential 0 0 181 0 health/safety hazards? d) Other? 0 0 0 0 X. NOISE. Could the proposal result in: a) Development of housing. health care 0 0 0 181 facilities, schools, libraries, religious facilities or other noise sensitive uses in areas where existing or future noise levels exceed an Ldn of 65 dB(A) exterior and an Ldn of 45 dB(A) interior as identified in Section l4.0-Noise, Figures 57 and 58 of the City's General Plan? 610/Meadowbrook Initial StudylNovemhcr 6.2001 IS-9 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT INITIAL STUDY Potentially Significant POlentially Unless Less Than Significant Mitigation Significant No Impacl Incorporaled Impact Impact b) Development of new or expansion of 0 0 [jg 0 existing industrial, commercial or other uses which generate noise levels above an Ldn of 65 dB(A) exterior or an Ldn of 45 dB(A) interior that may affect areas containing housing, schools, health care facilities or other sensitive uses based on information in the Preliminary Environmental Description Form No. G{l) and evaluation of surrounding land uses No. C, and verified by site survey/evaluation? c) Other? 0 0 0 0 Xl. PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: a) Fire protection? 0 0 0 [jg b) Medical Aid? 0 0 0 [jg c) Police protection? 0 0 0 [jg d) Schools? 0 0 0 [jg e) Parks or other recreational facilities? 0 0 0 [jg f) Solid waste disposal? 0 0 0 [jg g) Maintenance of public facilities, 0 0 0 [jg including roads? h) Other governmental services? 0 0 0 [jg XII. UTILITIES: Will the proposal, based on the responses of the responsible Agencies, Departments, or Utility Company, impact the following beyond the capability to provide adequate levels of service or require the construction of new facilities? 610IMeadowbrook Initial SludylNovemocr 6. 2001 IS-1O CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT INITIAL STUDY Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact a) Natural gas? 0 0 0 Ig] b) Electricity? 0 0 0 Ig] c) Communications svstems? 0 0 0 IlSl d) Water distribution? 0 0 0 Ig] e) Water treatment or sewer? 0 0 0 Ig] t) Storm water drainal!e? 0 0 0 Ig] g) Result in a disjointed pattern of utility 0 0 0 Ig] extensions based on review of existing oatterns and prooosed extensions? h) Other? 0 0 0 0 XIII. AESTHETICS. a) Could the proposal result in the 0 0 0 Ig] obstruction of any significant or important scenic view based on evaluation of the view shed verified by site survev/evaluation? b) Will the visual impact of the project 0 0 0 Ig] create aesthetically offensive changes in the existing visual setting based on a site survey and eval uation of the proposed elevations? c) Create significant light or glare that 0 0 Ig] 0 could impact sensitive receptors? d) Other? 0 0 0 0 XIV. CULTURAL RESOURCES. Could the proposal result in: a) Development in a sensitive 0 0 Ig] 0 archaeological area as identified in Section 3.0-Historical, Figure 8, of the Citv's General Plan? 6101f\1eadowhrook Initial SlUdylNo\'emher 6. 2001 IS-II , CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT INITIAL STUDY Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact b) The alteration or destruction of a 0 0 181 0 prehistoric or historic archaeological site by development within an archaeological sensitive area as identified in Section 3.0-Historical, Figure 8, of the City's General Plan? c) Alteration or destruction of a historical 0 0 181 0 site, structure or object as listed in the City's Historic Resources Reconnaissance Survev? d) Other? 0 0 0 0 XV. RECREATION. Would the proposal: a) Increase the demand for neighborhood or 0 0 0 181 regional parks or other recreational facilities? b) Affect existing recreational 0 0 0 181 opportunities? XVI. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to 0 0 0 181 degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California historv or orehistorv? b) Does the project have the potential to 0 0 0 181 achieve short-term, to the disadvantage of lonl!-term, environmental goals? 610lMeadowbrook Initial SlUdylNovenkr 6. 2001 IS-12 - CITY 01<' SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT INITIAL STUDY Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact c) Does the project have impacts that are 0 0 0 I8l individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future proiects.) d) Does the project have environmental 0 0 0 I8l effects which will cause substantial adverse effects on human beings, either directly or indirectly? 6101Meadowbrook Initial SludylNovemher 6.2001 IS-13 - CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT INITIAL STUDY REFERENCES. The following references cited in the Initial Study are on file in the Planning and Building Services Department/Public Works Division. I. Overall Central City Area Project Program EIR. 2. City of San Bernardino General Plan. 3. City of San Bernardino General Plan Land Use Plan/Zoning Districts Map. 4. City of San Bernardino Development Code (Title 19 of the San Bernardino Municipal Code). 5. City of San Bernardino Historic Resources Reconnaissance Survey. 6. Alquist-Priolo Earthquake Fault Zones Map. 7. South Coast Air Quality Management District, CEQA Air Quality Handbook. 8. Federal Emergency Management Agency, Flood Insurance Rate Maps. 9. Public Works Standard Requirements - water. 10. Public Works Standard Requirements - grading. DISCUSSION OF IMPACT LEVELS AND MITIGATION MEASURES I. LAND USE AND PLANNING a) The Meadowbrook/Central City Project Area is located in the southeast sector of the Central City Area of the City of San Bernardino, incorporating 590 acres. The Project Area is an L-shaped area bounded on the west by the 1-215 freeway between Third and Fourth streets; on the east by Sierra Way between Second Street and the BNSF Railroad right-of-way; on the north by Fourth Street between the 1-215 Freeway and E Street; and on the south by Athol Street between E Street and Arrowhead A venue. Figure I shows the regional location of the Project Area while Figure 2 shows the Project Area boundaries. Following Figure 2 is a series of photographs characterizing existing conditions in the Project Area. The area is characterized by professional and commercial office land uses, and some retail commercial uses. Residential uses represent a small portion of the Project Area, which would not be affected because the Agency intends to exclude residential properties or properties containing residential uses from eminent domain. The proposed reinstatement of eminent domain will have a positive impact on land use in the Meadowbrook Project Area by assisting the Agency in assembling parcels for redevelopment. Implementation of eminent domain will ensure reclamation and development of land resources consistent with current zoning and the San Bernardino General Plan. b) The proposed project is not within an Airport District as identified in Land Use Zoning District Maps. The closest airstrips or airports are located approximately 2.5 miles to the east (San Bernardino International Airport, former Norton Air Force Base) and approximately 5.5 miles to the west (Rialto Municipal Airport). There are no significant project-related impacts associated with airports or airfields. c) The project site is not located in a Foothill Fire Zone as outlined on City's General Plan Figure 61. 610/Meadowbrook Initial SludylNo\'cmher 7,200] IS-14 - CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT INITIAL STUDY II. POPULATION AND HOUSING a) The proposed project is the reinstatement of eminent domain in order to facilitate redevelopment of properties that have a non-residential General Plan designation or that have an existing non-residential use. No residential neighborhoods will be affected by the use of eminent domain in the Agency's efforts to redevelop the area. b) The proposed project is the implementation of eminent domain to acquire and assemble properties and redevelop land designated as non-residential or that has an existing non-residential use. Redevelopment in the Meadowbrook/Central City Project Area will create jobs. This issue was adequately addressed in the Program ErR prepared for the Overall Central City Redevelopment Project. The Agency's goals have not changed with respect to creation of jobs in the Central City. However, there will not be a significant demand for additional housing, as jobs will likely be filled by residents within San Bernardino or neighboring communities. c) The reinstatement of eminent domain will not result in major infrastructure expansion not previously considered in the Redevelopment Plan or the City's General Plan. III. EARTH RESOURCES a-c) The reinstatement of eminent domain will facilitate the Agency's goals of redeveloping the Project Area. Redevelopment, in turn, may result in minor grading activities to parcels that are currently vacant and proposed for development or the demolition of existing buildings and regrading of the site. However, in both cases earthwork will be minor as the Project Area is relatively flat and will require minimal grading. Most sites will balance so import or export of material will not generally be required. Site specific soil engineering and foundation investigations will be required for construction projects within the redevelopment area in accordance with development standards administered by the City's Public Works Division. Dust will be generated when grading or demolition is necessary. New rules and regulations adopted by the South Coast Air Quality Management District (SCAQMD) have been enacted since the adoption of the Overall Central City Area Project Program ElR. Such rules include regular watering on a daily basis to reduce dust hazards during construction in accordance with SCAQMD Rule 403. Rule 403 requires implementation of best available fugitive dust control measures during grading and construction activities with additional measures implemented under high wind conditions. See Air Oualitv for further discussion of fugitive dust control. High wind affects dust generation characteristics and creates the potential for off-site air quality impacts, especially with respect to airborne nuisance and particulate emissions. Minimal potential exists for wind erosion as vacant parcels within the Project Area are generally vegetated with perennial grasses and weeds leaving minimal potential for wind erosion of undeveloped parcels. Compliance with SCAQMD Rule 403 and grading and development standards administered by the City's Public Works Division will ensure that potential erosion of soils is minimized. 61011\leadowbrook Initial SlUdylNo\'en1l:ler 6.2001 IS-15 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT INITIAL STUDY d) The City of San Bernardino is situated in a seismically active region where numerous faults, capable of generating moderate to large earthquakes, are located. The San Andreas fault zone traverses the City in a northwest-southeast direction along the foothills of the San Bernardino mountains. The Project Area is located approximately four miles southerly of the San Andreas fault system. The San Jacinto fault zone also traverses the City through Cajon and Lytle Creeks, generally to the northwest and west of the Project Area. The Project Area is approximately three miles southeasterly of the Glen-Helen fault system. Both fault zones are located within an Alquist-Priolo Special Study Zone, a designation given when surface rupture may occur in the immediate vicinity due to movement along these faults. The Project Area is located outside the limits of the Alquist-Priolo Special Studies Zones for the San Andreas and the San Jacinto faults, as defined in the City's General Plan (reference Figure 47 of the City's General Plan); therefore, surface rupture is not likely to occur in the Project Area. However, the vicinity like most of the City, is likely to experience peak ground acceleration from a maximum credible earthquake of magnitude 8.5 on the San Andreas Fault and 7.5 from the San Jacinto fault (reference Figure 46 of the General Plan). Groundshaking is due to seismic waves emanating from the epicenter after initial movement on the fault. Groundshaking will impact structures during earthquakes. The magnitude of the impact is related to the construction of the building and its foundation. The City has adopted seismic performance standards for all new construction. Any new building proposed will be constructed in conformance with the Uniform Building Code and any additional performance standards adopted by the City. It is anticipated that major earthquake groundshaking will occur during the lifetime of redevelopment projects in the Project Area from either the San Andreas or the San Jacinto faults. Due to the likelihood of earthquakes to occur within either of the large fault zones, the City requires a soils/geotechnical study to determine the impacts likely to occur on a specific project site. These would also be required of all government buildings in the Project Area. Site-specific geotechnical investigations would routinely be prepared for new development projects requiring earthwork to be performed. Recommendations of the investigations are routinely incorporated in the design and construction of new projects. With adherence to the recommendations made by the geotechnical engineer, potential significant impacts associated with earthquakes in general would remain less than significant. e) The Project Area does not contain any unique geologic or physical features. t) The Project Area is not located in an area identified as having High Potential for Water or Wind erosion (reference Figure 53 of the General Plan). g) Warm Creek, a channelized urban creek, traverses the southeast comer of the Project Area as it exits Meadowbrook Park. Reinstatement of eminent domain would have no effect on the local drainage system. 6101Meadowbrook Initial SlUdylNovemher 6. 2001 lS-16 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT INITIAL STUDY h) The Project Area is in a potential subsidence area (reference Figure 51 of the General Plan). As discussed within the City's General Plan, the historic area of subsidence was within the thick, poorly consolidated alluvial and marsh deposits of the old artesian area north ofLoma Linda. Figure 51 shows a generalized area that takes in most of the City of San Bernardino between Highland A venue and the 1-10 Freeway. Potential subsidence within this area may be as great as five to eight feet if groundwater is depleted from the Bunker Hill-San Timoteo Basin. Since 1972, the San Bernardino Municipal Water District has rnaintained groundwater levels through recharge to percolation basins that in time, filters back into the alluvial deposits. Problems with ground subsidence have not been identified since the groundwater recharge program began. Landsliding can occur during an earthquake in areas where there are extreme changes in elevation such as in the foothills or mountain areas. The Project Area does not occur within an area susceptible to landslides (reference Figure 52 of the General Plan). i) The Project Area is within an area of Liquefaction Susceptibility (reference Figure 48 of the General Plan). Liquefaction is a phenomenon that occurs when strong earthquake shaking causes soils to collapse from a sudden loss of cohesion and undergo a transformation from a solid state to a liquefied state. This happens in areas where the soils are saturated with groundwater. Loose soils with particle size in the medium sand to silt range are particularly susceptible to liquefaction when subjected to seismic groundshaking. Affected soils lose all strength during liquefaction and failure of building foundations can occur. As development projects are proposed, site-specific geotechnical liquefaction reports will be required by the City's Public Works Division to determine potential surface ground failures from liquefaction prior to site development/redevelopment. This is a standard requirement for development proposals in areas subject to liquefaction. IV. WATER a-d) The proposed reinstatement of eminent domain for the Meadowbrook/Central City Redevelopment Project Area will not produce changes in absorption rates, drainage patterns or the rate and amount of surface mnoff not previously identified in the Program EIR. As development projects are proposed, drainage and erosion control plans will be prepared in accordance with development standards as administered by the City's Public Works Division. e) The Project Area does not occur within a lOO-year Flood Plain (reference Figure 62 of the City's General Plan). V. AIR OUALITY a-b) Air quality is affected by both the rate and location of pollutant ernissions and by meteorological conditions which influence movement and dispersal of pollutants. Atmospheric conditions such as wind speed, wind direction, and air temperature gradients, along with local topography, provide the link between air pollutants and air quality. 61M1eadowbrook Inilial SrudylNowmber 6.2001 IS-17 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT INITIAL STUDY The City of San Bernardino is in the northea~t portion of the South Coast Air Basin (SCAB), which includes Orange County, and portions of Los Angeles, Riverside, and San Bernardino counties. The SCAB is an area of 6,600 square miles bounded by the Pacific Ocean to the west and the San Gabriel, San Bemardino, and San Jacinto mountains to the north and east. The mountains reach heights of up to 11,000 feet above mean sea level (msl) and act to prevent airflow and thus the transport of air pollutants out of the basin. The San Bernardino Valley portion of the SCAB is designated a non-allainment area for nitrogen dioxide, sulfates, particulate maller, and ozone. The criteria pollutants identified in the SCAB that would be associated with the proposed project include: - Ozone (03) - Carbon monoxide (CO) - Nitrogen dioxide (NOz) - Particulate mailer (PM 10) - Sulfur dioxide (SOz) - Reactive Organic Compounds (ROC) SCAQMD adopted the Final 1994 Air Quality Management Plan (AQMP) revision in September 1994 and a draft 1997 update in August 1996 to establish a comprehensive control program to achieve compliance with federal and state air quality standards for healthful air quality in the SCAB. The Final AQMP was adopted by the SCAQMD Board in November 1996 and has since been approved by the California Air Resources Board (CARB). The AQMP policies serve as the framework for all control (permilling) efforts in the SCAB as enforced by the SCAQMD for stationary sources. CARB regulates mobile sources. Redevelopment within the Meadowbrook/Central City Redevelopment Area may result in demolition, construction and site grading. Most project sites will be relative small (lot sizes approximately 1.5 to 5 acres) and grading and construction will not likely exceed emission thresholds. However, since the South Coast Air Basin is in non-allainment status for ozone and suspended particulates (PMJO) standard measures have been adopted by the City based on SCAQMD Rule 403 to minimize the project contribution to regional emission of criteria pollutants. Additionally, fugitive dust generated by construction activities would add to the ambient PM 10 levels but should not exceed SCAQMD threshold of 150 lbs/day after standard dust abatement procedures are applied. The City's General Plan policies 10.10.2 and 10.10.4 require dust abatement measures during grading and construction operations, and cooperation with SCAQMD by incorporating pertinent local implementation provisions of the SCAQMD. Implementation of Rule 403 and standard construction practices during all operations capable of generating fugitive dust, will include but not be limited to the use of best available control measures, such as: I) Water active grading areas and staging areas at least twice daily as needed; 2) Ensure spray bars on all processing equipment are in good operating condition; 3) Apply water or soil stabilizers to form crust on inactive construction areas and unpaved work areas; 4) Suspend grading activities when wind gusts exceed 25 mph; 5) Sweep public paved roads if visible soil material is carried off-site; 6) Enforce on-site speed limits on unpaved surfaces to 15 mph; and 6101Meadowbrook Inilial S!UdylNo\'emher 6. 2001 IS-18 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT INITIAL STUDY 7) Discontinue construction activities during Stage I smog episodes. Therefore, the reinstatement of eminent domain for the Meadowbrook/Central City Project Area would not alter the requirements for projects to comply with rules and regulations regarding air quality. c/d) The local climate can be classified as Mediterranean with hot and dry summers and short, warm and relatively dry winters. Temperatures range from a low of 32 degrees Fahrenheit (0 F) in the winter to a high in excess of 1000 F during the summer. Mean annual temperature is 650 F. Average annual precipitation for the area is 18 inches, which is almost exclusively rain. Proposed reinstatement of eminent domain would not affect the physical environment. The Redevelopment Plans for the Project Area are consistent with the City's General Plan and zoning with regard to permitted land uses in the Project Area. Plan implementation and adoption of eminent domain would not increase air emissions over that considered in the Program EIR. Reinstatement of eminent domain to facilitate redevelopment in the Project Area will not result in objectionable odors. Land use designations in the Project Area are predominately professional and commercial office uses. VI. TRANSPORTATION a) As stated in the Program ElR, redevelopment within the Overall Central City Project Area will have an overall positive impact to circulation and traffic within the City. To date, major intersections within the City have been reconstructed to permit improved service. Implementation of the Redevelopment Plan through the use of eminent domain will continue to have a positive impact on traffic within the Project Area. b) The reinstatement of eminent domain will not result in altering the present pattem of circulation in the vicinity of the Project Area. c) The reinstatement of eminent domain will not change the basic paths or patterns of circulation in the immediate area, and will not create any disjointed roadway improvements. d) The reinstatement of eminent domain will not impact rail or air traffic. The nearest airport or airstrip to the project site is the San Bernardino International Airport (former Norton Air Force Base) located approximately 2.5 miles to the east; and the Rialto Municipal Airport, located approximately 5.5 miles northwest. The nearest passenger railroad operation is the Amtrak Station at 3,d Street and Mt. Vernon approximately 3 miles to the northwest. The project will not stimulate any activity that would place demands on rail or air traffic, nor interfere with their operations. e) All parking for individual projects will be provided on-site. Parking spaces for individual projects within the Project Area will be in compliance with the requirements of Chapter 19.24 of the City of San Bernardino Development Code. f) The reinstatement of eminent domain would not affect proposed roadway improvements planned by the City of San Bernardino or the County of San Bernardino in its redevelopment of the County 610/Meadowbrook Initial SludylNovember 7, 2001 IS-19 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT INITIAL STUDY Government Center area. Increased traffic associated with growth in the Project Area will not interfere with existing vehicle flows or bicyclists and pedestrians. The area is urban and includes sidewalks, crosswalks, and signalized intersections with pedestrian crossing lights. Bicycle use has increased in recent years, as employees of minimum wage jobs have adopted this as a viable mode of transportation. Consideration of bicycle lanes could resolve any future conflicts between cyclists and vehicles. This issue will likely be addressed in the City's General Plan Update to commence in 2002. g) The reinstatement of eminent domain will not conflict with adopted policies supporting alternative modes of transportation. h) New and redeveloped construction design will include adequate emergency access on-site as standard requirements by City public safety departments. Design plans for these projects must be in compliance with the City's Development Code and will be reviewed and approved by the City Fire Marshal and Police Department prior to site disturbance. Therefore, the reinstatement of eminent domain would not affect emergency response. VII. BIOLOGICAL RESOURCES a-c) The Project Area does not occur within a Biological Resources Management Overlay (reference Figure 41 of the General Plan). The California Department of Fish and Game maintains a Natural Diversity Database that lists threatened and/or endangered species that occur within a given area. The Project Area occurs within the San Bernardino South Quandrangle. Wildlife species listed within the quandrangle do not occur within the boundaries of the Project Area due to the area's urban development. Additionally, no sensitive plant or animal species are expected to occur due to the highly disturbed nature of the area and urban surroundings. Development within the Project Area has eliminated any wildlife corridors that may have occurred in the past. Reinstatement of eminent domain would not affect biological resources. d) The Project Area does not contain wetland or riparian habitat. Warm Creek traverses the southeast corner of the Project Area as it exits Meadowbrook Park. However. the Creek has been channelized and lined with concrete. It is maintained as a flood control channel and does not represent a natural habitat. Reinstatement of eminent domain would not affect Warm Creek. e) Several mature trees are known to occur throughout the Project Area. Removal of some mature trees may be required to accommodate site construction and/or grading/paving activities. The City requires an applicant to prepare an arborist's report on the condition of mature trees that have six inch or greater trunk diameters. A Tree Removal Permit would be issued concurrent with project approval for the anticipated removal of mature trees in conjunction with proposed development in accordance with Development Code Section 19.28.090. Reinstatement of eminent domain would not affect the status of existing trees in the Project Area. 6101Meadowbrook Inilial SlUdylNovember 6.2001 IS-20 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT INITIAL STUDY VIII. ENERGY AND MINERAL RESOURCES a) Reinstatement of eminent domain and development of properties in the Project Area will not result in any conflicts with adopted energy conservation measures as required by the City of San Bernardino. Compliance with existing codes, ordinances, recognized conservation measures, ongoing "best available technology" and the General Plan will occur with Agency approval of the final project plans to reduce any net decrease in energy resources. As proposed, redevelopment in the Project Area would not create any significant demand on existing/planned energy resources and facilities, since most of the properties are already developed. In addition, county, state and federal construction projects which may occur in the Project Area are not subject to City building review, must still comply with state and federal guidelines for energy conservation. b) Non-renewable resources to be used by contractors during redevelopment include diesel fuel, and natural gas. All uses shall be designed to be efficient; no wasteful use of non-renewable resources will occur. Reinstatement of eminent domain would not alter this requirement. c) Reinstatement of eminent domain would not result in the loss of valuable mineral resources. Redevelopment may include aggregate resources in the construction of parking lots and buildings. Steel, concrete, and asphalt will be required as part of construction. These resources are commercially available in the local area without any constraint and no potential for adverse impacts to the natural resource base supporting these materials is forecast to occur over the foreseeable future. This demand is not significant due to the abundance of available local aggregate resources. IX. HAZARDS a) Hazardous or toxic materials transported in association with development projects may include items such as oils and fuels. All materials required during development and operation of projects will be used and transported in compliance with State and local regulations. Reinstatement of eminent domain would not alter these regulations. b) The reinstatement of eminent domain would not result in the use, storage or disposal of toxic substances. The types of uses generally associated with the Meadowbrook/Central City Project Area are professional and commercial office uses. All substances would be used and stored in controlled environments in accordance with existing requirements of the County Department of Health or Fire Department, State Department of Toxic Substance Control, SCAQMD or other permitting agencies. c) Some existing sites in the Project Area may contain discarded wastes. If a parcel is suspected of containing underground storage tanks and/or other materials known to contain hazardous materials, a Phase I Site Assessment would be prepared by a Registered Environmental Assessor (REA) for sites that are suspected of potential hazardous material (visible storage tanks, dumping or stained soils). Recommendations contained in the report would be implemented prior to any site development. Reinstatement of eminent domain for the Project Area would not alter the requirements for use, storage and disposal of hazardous substances. 6lO/Me:u.lowbmok Initial SludylNovember 6. 2001 lS-2l CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT INITIAL STUDY X. NOISE aIb) Reinstatement of eminent domain will not create noise levels within the Project Area not previously identified within the overall Central City Project Area Program EIR. Environmental noise is normally measured using a special frequency-dependent rating scale because the human ear is not equally sensitive to sound at all frequencies. The A-weighted decibel scale (dBA) compensates for this discrepancy by discritninating against frequencies in a manner approximating the sensitivity of the human ear. A-weighting de-emphasizes the very low and very high frequencies of sound in a manner similar to the human ear. The result is a decibel corrected for the variation in frequency response of the typical human ear at commonly encountered noise levels. In general, people can perceive a three-dBA difference in noise levels; a difference of 10 dBA is perceived as being twice as loud; 20 dB higher four times as loud; and so forth. Everyday sounds normally range from 30 dB (very quiet) to 100 dB (very loud). The project does not involve the development of housing, health care facilities, schools, or other noise sensitive uses in areas where existing or future noise levels exceed the City standard of l.Jn of 65 dB(A) exterior and an Ldn of 45 dB(A) interior.l.Jn represents the average equivalent A-weighted sound level during a 24-hour day obtained by adding ten decibels to the hourly noise levels measured during the night (from 10 p.m. to 7 a.m.). In this way l.Jn takes into account the lower tolerance of people for noise during nighttime periods. XI. PUBLIC SERVICES aIb) The reinstatement of eminent domain would not place additional demands on fire protection and medical aid services beyond what the City has planned for in the General Plan. The Project Area is not located in a fire hazard zone (reference Figure 61 of the General Plan). The Project Area is served by two City Fire Stations; one located on the southwest comer of Mill Street and Arrowhead A venue, and the second at the intersection of Allen and Third streets, east of Sierra Way. Standard requirements for fire protection facilities, building design, and site access will be reviewed and approved by the City of San Bernardino Fire Department. No additional impacts not previously identified within the Program ElR were found. c) The reinstatement of eminent domain would not place additional demands on police services. Security measures will be incorporated into the design of new projects and reviewed during the design review by City departments, and will be verified during plan review by the City Police Department. die) Reinstatement of eminent domain would not create additional jobs not previously identified in the Redevelopment Plan and Program ElR. Jobs created as a result of redevelopment will likely be filled by residents in the City or from surrounding communities near the City of San Bemardino. Development in the Project Area will therefore not create a demand for new or additional school services, parks, or other recreational facilities as the workforce will be drawn from the existing population of the area. 6101Meadowbrook Initial SludylNo\'ember 6.200] lS-22 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT INITIAL STUDY Waterrequirements will be met by the City of San Bernardino. Existing water mains are present in the Project Area. l) Redevelopment of the Project Area will generate solid waste as identified in the Program ElR. Reinstatement of eminent domain will not increase additional demands on the solid waste system. Site owners/developers will cooperate with the City Public Services Department in participating in green waste diversion programs. g-h) Redevelopment of the Project Area will generate additional traffic as identified in the Program ElR. Additional vehicle trips will not be generated by the reinstatement of eminent domain. Access to individual sites is provided by a series of arterials through this segment of the City. The Public Works Division through standard conditions of approval, requires Traffic System Impact Fees with the development of new projects. XII. UTILITIES a) Natural gas service is provided to the Project Area by the Southern Califomia Gas Company. The project will not impact the company's ability to provide adequate levels of service nor will it create the need to increase capacity. No additional impacts not previously identified in the Program EIR will occur as a result. b) Electricity is provided to the Project Area by Southern California Edison (SCE). The Program EIR identified increased demands on electrical systems. The reinstatement of eminent domain will not place additional demands on electrical systems and SCE's ability to provide adequate levels of services, since service already exists, and no change in the type of land uses currently allowed in the Project Area would occur. c) The Project Area is within the service area ofVerizon (formerly General Telephone). The service can be readily extended to sites without any significant impact to existing service in the area. Reinstatement of eminent domain will not place additional demand on communication systems. d) Water supply is provided by the City of San Bernardino Municipal Water Department. No additional impacts to water distribution not previously identified in the Program ElR will result from the reinstatement of eminent domain. e) Reinstatement of eminent domain would not affect existing sewage service. The Project Area is within the City of San Bernardino sewage service area which has adequate capacity to service the Project Area. Appropriate Sewer Connection Fees will be required by the Division of Public Works through standard conditions of approval for new projects. l) Reinstatement of eminent domain would not affect existing storm drains in the Project Area. The Project Area is highly urbanized and the storm drain system is well established. 6101f\.1eadowhrook Initial SludylNovenkr 6. 2001 lS-23 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT INITIAL STUDY g) The Project Area is part of an urban area that has adequate utility service to provide for additional demands. The project will reinstate the Agency's power of eminent domain to implement redevelopment procedures within the Meadowbrook/Central City Project Area to ultimately convert vacant and underutilized properties into aesthetically pleasing, well transitioned professional and commercial office uses. Utility systems are in place to serve the Project Area and are master-planned to provide service to the Project Area without creating disjointed patterns of service extensions. XIII. AESTHETICS a-b) Eminent domain would be used stimulate redevelopment activities to achieve an overall upgrade of the area and provide a climate for efficient business activity and an enhanced environmental setting. c) Reinstatement of eminent domain and the redevelopment of the Meadowbrook/Central City Project Area may include additional light and glare from new structures. However, the Project Area is largely made up of commercial and professional office buildings and related uses; therefore new light will not significantly affect other future development in the area. Standard conditions of approval for development projects will ensure compliance with the City's Development Code standards for light and glare. XIV. CULTURAL RESOURCES a-c) The Program EIR for the Project identified one historic resource in the Project Area, the Atwood Adobe. In the intervening 25 years, other buildings may have become eligible for listing as historic resources. During site plan review, Agency staff would make a determination for individual projects with regard to cultural resources. Reinstatement of eminent domain would not affect the requirement that historic buildings and/or sites be studied and addressed prior to implementation of development projects. XV. RECREATION a1b) Reinstatement of eminent domain would have no impact on recreation. The creation of new jobs would likely draw employees from the City and neighboring communities. Therefore there would likely not be an increase in demand for park and recreation opportunities. Reinstatement of eminent domain will not produce an additional demand for neighborhood or regional parks or other recreational facilities, nor will it affect existing recreational opportunities. XVI MANDA TORY FINDINGS OF SIGNIFICANCE a) The Project Area does not occur within a Biological Resources Management Overlay (reference Figure 41 of the General Plan). Meadowbrook Park is an urban park in downtown San Bernardino. The urban nature of the area, including existing roads, the channelized Warm Creek, and developed properties has eliminated any wildlife corridors that may have occurred in the past. The reinstatement of eminent domain and the redevelopment of urban spaces in the Project Area would have no effect on the park. 6101Meadowbrook Initial SludylNovennr 7. 2001 IS-24 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT INITIAL STUDY b) The reinstatement of eminent domain would assist the Agency in reaching its goals to redevelop the Meadowbrook/Central City Project Area. This would include assemblage of parcels to develop commercial, professional and government uses and related commercial uses that in turn would create jobs for the local labor force. This is a long-term goal of the Agency. c) Cumulative development in the Project Area was evaluated in the Program EIR. No new cumulative projects, not previously considered by the Agency are known. d) No substantial adverse environmental effects not previously considered in the Program ElR were identified for the Agency proposed reinstatement of eminent domain to stimulate redevelopment in the Project Area. 610IMeadowbrook Initial SludylNovember 7, 2001 IS-25 .. EXHIBIT 7 RESOLUTION 'i RESOLUTION NO. 2 3 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 MEADOWBROOKJCENTRAL CITY REDEVELOPMENT PROJECT, APPROVING THE SECTION 33352 REPORT TO THE MAYOR AND COMMON COUNCIL ON THE 2001 EMINENT DOMAIN AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE MEADOWBROOKJCENTRAL CITY REDEVELOPMENT PROJECT, APPROVING THE 2001 EMINENT DOMAIN AMENDMENT TO THE REDEVELOPMENT PLAN AND RECOMMENDING THE CERTIFICATION OF THE ADDENDUM TO THE 1975 ENVIRONMENTAL IMPACT REPORT 4 5 6 7 8 9 10 II WHEREAS, the City of San Bernardino ("City") is a charter city organized and existin under the Constitution and laws of the State of California; and 12 WHEREAS, the Redevelopment Agency of the City of San Bernardino ("Agency") is 13 public body corporate and politic, organized and existing under the California Communit 14 Redevelopment Law, Health and Safety Code Sections 33000, et seq. ("CRL"); and WHEREAS, the Community Development Commission of the City of San Bernardin 15 16 (the "Commission") is the governing board of the Agency; and 17 WHEREAS, the Mayor and Common Council of the City ("Common Council"), hav previously adopted Ordinance Nos. 2233 and 2649, dated July 21, 1958, and February 23, 1965 18 19 which approved the Redevelopment Plan for the Meadowbrook Project and the Redevelopmen Plan for Ihe Central City Project Area No. I in accordance with the applicable provisions of th Community Redevelopment Law (Health and Safety Code Section 33000 et seq.); and WHEREAS, the Redevelopment Plan for the Meadowbrook Project Area No. I and th Redevelopment Plan for the Central City Project Area No. I were subsequently amended b Ordinance No. 3059, dated March 16, 1970, and the redevelopment project areas of the Centra City Project No. I and Meadowbrook Project No. I were merged for financial purposes an further amended by Ordinance No. 3683, dated November 7, 1977; and concurrently with th 20 21 22 23 24 25 11/27/2001 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1977 amendment the Mayor and Common Council certified a Final Environmental lmpac Report (the "1976 FEIR - Meadowbrook/Central City") for their 1977 Amendment i accordance with the California Environmental Quality Act of 1970, as amended ("CEQA"); and WHEREAS, California Community Redevelopment Law, Health and Safety Cod Section 33476 authorized the merger into one contiguous project area of th Meadowbrook/Central City Rcdcvelopmcnt Projccts with the "Central City Project" (collectivel the Rcdcvelopment Plans for the Meadowbrook/Central City as financially merged with th Central City Project is referred to herein as the "Original Plan"). WHEREAS, the Mayor and Common Council, by adoption of Ordinance Nos. MC-55 and 559 on December 8, 1986, approved and adopted the First Amendment to the Original Plan as amended ("First Amendment"); and WHEREAS, the Common Council, by adoption of Ordinance No. MC-723 on April 2 1990, approved and adopted the Second Amendment to the Original Plan, as amended ("Secon Amendment"); and WHEREAS, the Common Council, by adoption of Ordinance No. MC-9l6 on December 20 1994, approved and adopted the Third Amendment to the Original Plan, as amended ("Thir Amendment"); and WHEREAS, the Original Plan, as amended by the First Amendment, Second Amendmen and Third Amendment is hereinafter referred to as the Redevelopment Plan; and WHEREAS, the Redevelopment Plan delineates the redevelopment project area for th Meadowbrook/Central City Redevelopment Project (the "Project Area"); and WHEREAS, the Redevelopment Plan, as amended in 1986 which authorized the Agenc to acquire property within the redevelopment project areas of the Mcadowbrook/Ccntral Cit Redevelopment Project for community redevelopment purposes by grant, donation, negotiate purchase or lease or by exercise of eminent domain, which power to acquire land by eminen domain however, has lapsed in 1999 under applicable provisions of the Communit Redevelopment Law; and 11/27/2001 - 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 WHEREAS, the Agency and Common Council have initiated proceedings for th adoption of a further amcndment to the Redevelopment Plan entitled "2001 Eminent Domai Amendment to the Redevelopment Plan for the Meadowbrook Project/Central Cit Redevclopment Projcct" (thc "2001 Amendment"); and WHEREAS, the 2001 Amendment shall reinstate the Agency's eminent domain authorit with respect to all non-residentially uscd or occupied propcrty in the Project Area for a twelv (12) ycar pcriod, commencing on the effective date of this Ordinance; and WHEREAS, the Commission consented to hold a joint public hearing with the Mayo and Common Council with respect to the 2001 Amendment, at which hearing any and all person having any objection to the 2001 Amendment, the proposed Addendum to the 197 Environmental Impact Report for the Redevelopment Plan for the Original Plan (the "Addendu to the 1975 EIR"), or the regularity of any prior proceedings conccrning the 2001 Amendment was allowed to appear before the Common Council and show cause why the 2001 Amendmen should not be adopted; and WHEREAS, notice of the joint public hearing of the Commission and Common Counci with respect to thc 2001 Amendment and thc Addendum to the 1975 ElR was prcpared published and served by United States Mail in accordance with applicable law and a copy ofth affidavit of publication of such public notice and a declaration of service by United States Mai of such public notice is on file in the Office of the City Clerk; and WHEREAS. thc joint public hearing of the Commission and Common Council was dul held on December 3, 200 I; and WHEREAS, the Agency prepared the text of the 2001 Amendment as on file with th City Clerk; and WHEREAS, the Agency staff prepared a document entitled "Report to the Mayor an Common Council on the 2001 Eminent Domain Amendment to the Redevelopment Plan for th Meadowbrook/Central City Redevelopment Project" (the "33352 Report"); and 11/27/2001 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 WHEREAS, the Commission has considered the information set forth in the Initial Stud prepared for Ihe 2001 Amendment and the accompanying Addendum to the 1975 EIR i accordance with CEQA Guidelines Section 15164 finding that the 200 I Amendment shall no result in any new signi ficant environmental effect or increase in severity of a previousl identified environmental effect that would require major revisions to the 1975 ElR; and WHEREAS, the 2001 Amendment: (i) does not change the boundaries of the Project Area; (ii) does not modify thc applicable limitations in the Redevelopment Plan 0 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 th allocation of taxes; (iv) shall not result in the displacement of any person from a rcsidcntial dwelling uni by mcans of the Agency's exercise of the power of eminent domain to acquire any interest i property; and (v) apart from the reinstatement of the power of the Agency to acqUIre non residentially used or occupied property in the Project Area for a twelve (12) year period of tim following thc date of adoption of the Ordinance, the 2001 Amendment shall not affect any othe provision of the Redevelopment Plan; WHEREAS, all legal prerequisites of the Commission and the Common Council to th passage of this Ordinance have been satisfied in accordance with applicable law. NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF TH CITY OF SAN BERNARDINO DOES HEREBY ORDER AND RESOLVE AS FOLLOWS: SECTION I. The purposes and intent of the Commission with respect to the 2001 Amendment is to reinstatc the power of the Agency to acquire certain property by exercise 0 eminent domain authority with respect to non-residential property in the Project Area, as se forth in thc 2001 Amendment, and thereby protect and promote the sound redevelopment of th Project Area and the general welfare of the inhabitants of the City by providing a method of non 11/27/2001 2 residential property acquisition through the potential use of eminent domain for the Agency t assemble parcels and attract redevelopment interest and investment by owner participants an developers of land, who have entered into agreements and covenants on acceptable terms to th Agency for the redevelopment of such land, consistent with the Redevelopment Plan, the City' General Plan and applicable zoning rcgulations. SECTION 2. No written objection to thc 2001 Amendment was received by th Commission prior to the joint public hearing and no written or oral objection was submitted t the Commission or the Common Council prior to the close of the joint public hcaring on th 200 I Amendment. Based on all staff reports and consultant reports prepared by or at th direction of the Agency and the City; the staff and consultants' presentations submitted at th joint public hearing, including without limitation the visual display of maps, graphs, charts an photographs and the oral comments of interested persons submitted to the Commission and th Common Council at the joint public hearing; the 33352 Report; the Initial Study and th Addendum to the 1975 EIR and the comments as submittcd with respect to the Addendum to th 1975 EIR and the text of the 2001 Amendment, the Commission hereby finds and determinc that: 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (i) the Project Area continues to display conditions of blight and thc Project Are remains as a blighted area, the rcdevelopment of which is and remains necessar to effectuate the public purposes of the CRL. This finding is based in part on th research and facts set forth in the 33352 Report; the 2001 Amendment to the Redevelopment Plan shall assist the Agency t correct and climinate the spread of blight in the Project Arca from commerciall zoned and used lands into residentially zoned and used lands in the Project Are and outside of the Project Area by means of assisting owner participants under th tcrms of specific redevelopment agreements and covenants acceptable to th Agency to consolidate parcels, climinate obsolete or blighted structures 01 conditions on commercial use property and preserve and create new employmen (ii) 11/27/2001 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 and private capital investment in the Project Area and assisting owner participant and developers under the terms of specific redevelopment agreements an covcnants acceptable to the Agcncy to consolidatc parcels, eliminate obsolet structures or conditions on commercial usc property and preserve and create ne employment and private capital investment in the Project Area. SECTION 3. The Commission hercby acknowledges its receipt and approval of th 33352 Report. The Commission hereby requests the Common Council to consider and approv the 33352 Report in the form as submitted at the joint public hearing for the adoption of the 2001 Amendment to the Redevelopment Plan. SECTION 4. Prior to the opening of the joint public hearing at which this Resolution i adopted, the Commission received the Initial Study prepared by the Economic Developmen Agency of the City of San Bernardino regarding the 2001 Amendment. The Commissio indepcndently reviewed the Initial Study. In its independent discretion, the Common Counci hercby finds and determines that the Initial Study adequately describes thc 200 I Amendment an accurately identifies and asscssed all of the potentially significant environmental effects 0 impacts of the implementation ofthc 2001 Amcndment. The Common Council further finds an determines that, in 1975, a Program Environmental Impact Report ("1975 EIR") was certified i conjunction with the adoption of the Original Plan. In 1975, there was no time limit on th exercise of the power of eminent domain within the Project Area by the Agency. Subsequently the California Lcgislature imposed a statutory time limit on the exercise of the power of eminen domain within the Project Area by the Agency. The imposition of this statutory time limit ha occasioned thc 2001 Amendment to extcnd the time during which the Agency may exercise th power of eminent domain within the Projcct Area. In 1975, it was contemplated that the Agenc would be able to exercise of the power of eminent domain within the Project Area for the life 0 the Original Plan. Thus, the 2001 Amendment to extend the time during which the Agency ma exercise of the power of eminent domain within the Project Area does not present any ne significant environmental effects or any diffcrences in the severity of previously idcntifie 11/27/2001 2 3 4 5 6 7 8 9 to 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 environmental effects and no new information that was not and could not have been known whe the 1975 ElR was certified shows any new significant environmental effects or any differcnces i the severity of previously identified environmental effects would rcsult from the implementatio of the 200 I Amendment. Therefore, the Commission further finds and determines that there ar no new significant environmcntal cffects or any differcnccs in thc scvcrity of cnvironmcnta effects associated with the implementation of thc 2001 Amendment from those identified in th 1975 EIR requiring major revisions to the 1975 EIR, under Public Resources Code Sectio 21166 and Title 14 California Code of Rcgulations Section 15162. The Commission furthe finds and determines that no new information that was not and could not have becn known whe the 1975 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 th severity of previously identified environmental effects requiring major revisions to the 1975 EIR under Public Resources Code Section 21166 and Title 14 California Code of Regulations Sectio 15162. Based on the Initial Study regarding the 2001 Amendment and the findings an determinations of the Commission set forth herein, the Commission hereby finds and determine that no revision or supplement to the 1975 EIR and no subsequent environmental impact report i requircd under the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) for the adoption of the 2001 Amendment or thc request of the Commission that th Common Council adopt an Ordinancc approving and adopting the 2001 Amendment. Th Commission furthcr finds and determines that it is appropriate for the City to attach the Initia Study to the 1975 Program EIR, as an Addendum, under Titlc 14 California Code of Regulation Section 15164. The Commission hereby requests the Common Council to consider thos findings and recommendations of the Commission relating to the Addendum to the 1975 ElR an to certify the Addendum to the 1975 EIR, in accordance with Public Resources Code Sectio 21152 and Title 14 California Code of Regulations Sections l5096(i) and 15094, and to attac the Initial Study to the 1975 EIR, as an Addendum, under Title 14 California Code 0 Regulations Section 15164. 11127/2001 l 2 3 4 5 6 7 8 9 10 11 12 13 SECTION 5. The Commission hcreby approves and adopts the 2001 Amendment, copy of which is on file with the Agency Secretary, and which 2001 Amendment is incorporate herein by this reference, and the Commission designates thc Redevelopment Plan, as amcnde by the 2001 Amendment (hereinafter, the "Amended Redevelopment Plan") as the officia redevelopment plan for the Meadowbrook Project No. I Area and the Central City Project No. I Area subject to the adoption of an appropriate Ordinance of the Common Council whic approves and adopts the 2001 Amendment and the Amended Redevelopment Plan. SECTION 6. If any section, subsection, subdivision, sentence, clause, phrase, or portio of this Resolution, 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 Resolution. The Commission hereby declares that it would have adopted thi Resolution and each, section subdivision, sentence, clause, phrase, or portion of this Resolution irrespective of the fact that one or more sections, subdivisions, sentences, clauses, phrases, 0 portions of this Rcsolution be declared invalid for any rcason. 14 1I1I 15 III1 16 I1II 17 1I1I I1II 18 I1I1 19 I1I1 20 IIII 21 IIII 22 III1 23 1I1I 24 I1II 25 IIII 11/27/2001 . 2 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 MEADOWBROOK/CENTRAL CtTY REDEVELOPMENT PROJECT, APPROVING THE SECTION 33352 REPORT TO THE MAYOR AND COMl\ION COUNCIL ON THE 2001 EMINENT DOMAIN AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE MEADOWBROOK/CENTRAL CITY REDEVELOPMENT PROJECT, APPROVING THE 2001 EMINENT DOMAIN AMENDMENT TO THE REDEVELOPMENT PLAN AND RECOMMENDING THE CERTIFICATION OF TIlE ADDENDUM TO THE 1975 ENVIRONMENTAL IMPACT REPORT 3 4 5 6 I HEREBY CERTIFY that the foregoing Rcsolution was duly adopted by the Communit Development Commission of the City of San Bernardino at a meeting thereof, held on the day of , 200 I, by the following vote to wit: 7 8 Commission Members: Aves Navs Abstain Absent 9 ESTRADA LIEN MCGINNIS SCHNETZ SUAREZ ANDERSON MC CAMMACK 10 II 12 13 14 15 16 Secretary 17 18 The foregoing resolution is hereby approvcd this day of , 200 I. 19 20 Judith Valles, Chairperson Community Development Commission City of San Bernardino Approved as t 21 22 By: 23 Agency Counsel 24 25 11/27/2001 EXHIBIT 8 ORDINANCE ORDINANCE NO. 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 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING THE SECTION 33352 REPORT TO THE MA YOR AND COMMON COUNCIL AND ADOPTING THE 2001 EMINENT DOMAIN AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE MEADOWBROOK/CENTRAL CITY REDEVELOPMENT PROJECT AND CERTIFYING AN ADDENDUM TO THE 1975 ENVIRONMENTAL IMPACT REPORT WHEREAS, the City of San Bernardino ("City") is a charter city organized and existing under the Constitution and laws of the State of Cali fornia; and WHEREAS, the Redevelopment Agency of the City of San Bernardino ("Agcncy") is a public body corporate and politic, organized and existing under the California Community Rcdevelopment Law, Health and Safety Code Sections 33000, et seq. ("CRL"); and WHEREAS, the Community Devclopment Commission of the City of San Bernardino (the "Commission") is the governing board of the Agency; and WHEREAS, the Mayor and Common Council have previously adopted Ordinance Nos. 2233 and 2649, dated July 21, 1958, and February 23, 1965, which approved the Redevelopment Plan for the Meadowbrook Project and the Redevelopment Plan for the Central City Project Area No. I in accordance with the applicable provisions of the Community Redcvelopment Law (Health and Safety Code Section 33000 et seq.); and WHEREAS, the Redevelopment Plan for the Meadowbrook Project Area No. I and the Redevelopment Plan for thc Central City Project Area No. I were subsequently amended by Ordinance No. 3059, dated March 16, 1970, and the redevelopment project areas of the Central City Project No. I and the Meadowbrook Project No. I were merged for financial purposes and further amended by Ordinance No. 3683, dated November 7, 1977; and concurrently with the 1977 amendment the Mayor and Common Council ccrtified a Final Environmental Impact Report (the ~1EADOWDROOK-Of(Jinance. wpd 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 "1975 FE1R - Meadowbrook/Central City") for their 1977 Amendment in accordance with the California Environmental Quality Act of 1970, as amended ("CEQA"); and WHEREAS, California Community Redevelopment Law, Health and Safety Code Section 33476 authorized the merger into one contiguous project area of the Meadowbrook/Central City Redevelopment Projects with the "Central City Project" (collectively the Redevelopment Plans for the Meadowbrook/Central City as financially merged with the Central City Project is referred to herein as the "Original Plan"). WHEREAS, the Common Council, by adoption of Ordinance Nos. MC-558 and 559 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-723 on April 2, 1990, approved and adoptcd the Second Amendment to the Original Plan, as amended ("Second Amendment"); and WHEREAS, the Common Council, by adoption of Ordinance No. MC-9l6 on December 20, 1994, approved and adopted the Third Amendment to the Original Plan, as amended ("Third Amendment"); and WHEREAS, the Original Plan, as amended by the First Amendmcnt, Second Amendmcnt, and Third Amendment is hereinafter referred to as the Redevelopment Plan; and WHEREAS, the Redevelopment Plan delineates the redevelopment project areas for the Meadowbrook/Central City Redevelopment Project (the "Project Area"); and WHEREAS, the Redevelopment Plan, as amended in 1986 which authorized the Agency to acquire property within the redevelopment project areas of the Meadowbrook/Central City Redevelopment Project for community redevelopment purposes by grant, donation, negotiated purchase or lease or by exercise of eminent domain, which power to acquire land by cminent domain howcver, has lapsed in 1999 under applicable provisions of the Community Redevelopment Law; and MEADOWBROOK -Ordinance. wpd 2 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 WHEREAS, the Agency and Common Council have initiated proceedings for the adoption of a further amcndment to the Redevelopment Plan entitled "200 I Eminent Domain Amendment to the Redevelopment Plan for the Meadowbrook/Central City Redevelopment Project" (thc "2001 Amendment"); and WHEREAS, the 2001 Amendmcnt 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 of this Ordinance; and WHEREAS, the Mayor and Common Council consented to hold ajoint public hearing with the Commission with respect to the 2001 Amendment, at which hearing any and all persons having any objection to thc 2001 Amendment, the proposed Addendum to the 1975 Environmental Impact Report for the Redevelopment Plan for thc Original Plan (the "Addendum to the 1975 EIR"), or the regularity of any prior proceedings concerning the 200 I Amendment, was allowed to appear before the Common Council and show cause why thc 2001 Amcndment should not be adopted; and WHEREAS, notice ofthe joint public hearing of the Commission and Common Council with respect to the 2001 Amcndment and the Addendum to the 1975 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 dcclaration of service by Unitcd States Mail of such public notice is on file in the Office of the City Clerk; and WHEREAS, the joint public hearing of the Commission and Common Council was duly held on December 3, 200 I; and WHEREAS, thc Agency prepared the text of the 2001 Amendment as on file with the City Clerk; and WHEREAS, the Agency staff prepared a document entitlcd "Report to the Mayor and Common Council on the 2001 Eminent Domain Amendment to the Redevelopment Plan for the Meadowbrook/Central City Redevelopment Project" (the "33352 Report"); and MEADOWDROOK-OrJinance.wpd 3 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 WHEREAS, the Common Council considered the information set forth in the Initial Study prepared for thc 200 I Amendment and the accompanying Addendum to the 1975 EIR in accordance with CEQA Guidelines Section 15164 finding that the 200 I 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 1975 ElR; and WHEREAS, the 2001 Amendment: (i) does not change the boundaries of the Project Area; (ii) does not modify the applicablc limitations in the Redevelopment Plan on indebtedness that thc Agency may incur for the redevelopment of thc 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 dwclling unit by means of the Agency's exercise of the power of eminent domain to acquire any interest in property; and (v) apart from the reinstatcment of the power of the 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 thc passage of this Ordinance have been satisfied in accordance with applicable law. NOW, THEREFORE, THE MA YOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ORDAINS AS FOLLOWS: SECTION I. 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 redevclopment of the Project M EADQ\VBROOK-Ordinance. wpd 4 I 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 Area and the general welfare of the 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. No written objection to the 2001 Amendment was received by the Cityor the Agency prior to the joint public hearing of thc Commission and Common Council and no written or oral objection was submitted to the Commission or the Common Council prior to the close ofthe joint public hearing on the 2001 Amendment. Based on 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; thc Initial Study and the Addendum to the 1975 ElR and the comments as submitted with respect to the Addendum to the 1975 ElR and the text of the 2001 Amendment, the Common Council hereby finds and detennines 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 200 I 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 assisting owner participants under the terms of specific redevelopment agrccments and covenants acceptable to the Agency to consolidate parcels, eliminate obsolete MEADOWBROOK-Ordinance. wpd 5 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 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 developcrs under the terms of specific redevelopment agrecments 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 hcreby approves the 33353 Report in the form as submitted at the joint public hearing for the adoption ofthe 200 I 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 December 3, 200 I. The Common Council has considcred all evidence and testimony presented at the Decenber 3,2001, 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 Amcndment 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 Nos. 2233 and 2649 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 Nos. 2233 and 2649 are final and conclusive and the 2001 Amendment does not add territory to the Project Area or make any other rcvisions to the Redevelopment Plan affecting these previous findings and detcmlinations and such previous findings and determinations remain valid and effective, and no further findings or determinations concerning blight are required in connection with the adoption of the 2001 Amendmcnt. M EADOWBROOK-Ordinance. wpd 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 c. The Redevelopment Plan, as amended by the 2001 Amendment, will foster the redevelopment of the Project Arca 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 and confornls 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 2001 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 adcquate provisions have bcen 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 fcasible method and plan for the rclocation of familics and persons displaced from the Project Area, if any. However, the implementation of the 2001 Amendment and the acquisition of any property by exercisc 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. 2233 and 2649 are final and conclusive; (ii) thc 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 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 MEADQWBROOK-Qrdinance. wpd 7 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 valid and cffective, and (v) no further finding or detem1ination concerning the foregoing is required for the 2001 Amendment. 1. The Common Council, in Ordinance Nos. 2233 and 2649, previously found and determined that there are or arc 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 furthcr finds and determines that (i) such findings and determinations set forth in Ordinance Nos. 2233 and 2649 are final and conclusive; (ii) the 200 I Amcndment docs 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 displacemcnt 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 ofa 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 hcreby finds that CRL Section 33367(d)(9) is not applicable to the 200 I Amendment in light of the fact that the 200 I 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. 1. The Common Council hcrcby finds that CRL Section 33367(d)(I 0) is not applicable to the 2001 Amendment in light of the fact that the 2001 Amendment does not add territory to the M EADOW8ROOK..ordinance. wpd 8 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 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)(1I ) is not applicable to the 2001 Amendment in light of the fact that the 2001 Amendment docs 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 200 I 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, cxcept for the reinstatement of the power of eminent domain. o. The timc limitation on commencement of eminent domain proceedings contained in the 2001 Amendment is reasonablyrclated to the proposed projccts to be implemcnted in the Project Area and to the ability of the Agency to eliminate blight within the Project Area. The 2001 Amcndment docs not amend or affect any other time limitations or amend or affect the limitation on thc numbcr of dollars to be allocated to the Agency contained in the Redevelopment Plan, as amendcd by the 200 I Amendment. p. The Common Council previously found in Ordinance Nos. 2233 and 2649, 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, ifany, and that pending the development of the permanent replacement housing facilities, there will be available to the displaced housing occupants, if any, adequatc temporary dwelling facilities at rents comparable to those in the City at the time of their displacement. The Common Council further finds and deternlines that the provisions ofCRL Section 33367(e) are not applicablc 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 affecting these previous findings and determinations and MEADOWBROOK~Ordinancc.wpd 9 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 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 Amendmcnt. The Common Council independently reviewed the Initial Study. In its independent discretion, the Common Council hereby finds and determincs that thc Initial Study adequately describes the 200 I Amendment and accurately identifies and assessed all ofthe potentially significant environmental effects or impacts of the implementation of the 2001 Amendment. The Common Council further finds and determines that, in 1975, a Program Environmental Impact Report ("1975 EIR") was certified in conjunction with the adoption of the Original Plan. In 1975, there was no time limit on the exercise of the power of eminent domain within the Project Area by the Agcncy. 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 200 I Amendment to extend the time during which the Agency may exercise the power of eminent domain within the Project Area. In 1975, 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 cxtend 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 1975 EIR was certified shows any new significant cnvironmcntal 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 of environmental effects associated with the implementation of the 200 I Amendment from those MEADQWDROOK.()rdinance. wpd 10 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 identified in the 1975 EIR requiring major revisions to the 1975 EIR, under Public Resources Code Section21166 and Title 14 California Code of Regulations Section 15162. The Common Council further finds and detern1ines that no new information that was not and could not have been known when the 1975 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 rcvisions to the 1975 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 detern1inations of the Common Council set forth herein, the Common Council hereby finds and determines that no revision or supplement to the 1975 ElR 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 detern1ines that it is appropriate for the City to attach the Initial Study to the 1975 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 Rcsources Code Section 21152 and Title 14 California Code of Rcgulations Sections l5096(i) and 15094, and to attach the Initial Study to the 1975 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 filc 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 Meadowbrook/Central City Redevelopment Project. MEADOWAROOK.()rdinance. wpd II 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 SECTION 7. The Common Council hereby authorizes and provides for the City of San Bernardino's expenditure of money provided for in the Amended Plan, subject to annual appropriation thereofby the Common Council. SECTION 8. The Agency is hereby vested with the responsibility for carrying out the Amended Plan in accordance with the provisions thereof and of applicable law. SECTION 9. The Common Council hcrebydeclares its intention to undertake and complete any proceedings necessary to be carried out by the City under the provisions of the Amended Plan. SECTION 10. This Ordinance shall take effect thirty (30) days following its second reading by the Common Council. The City Clerk shall comply with the applicable procedures of the CRL with respect to the recordation of the 2001 Amendment and the Amended Plan and transmission of a copy of this Ordinance to other public entities, as may be required. SECTION II. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinancc, 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 ofthis Ordinance. The Common Council hereby declares that it would have adopted this Ordinance and each, section subdivision, sentence, clause, phrase, or portion ofthis Ordinance, irrespectivc of the fact that one or more sections, subdivisions, sentences, clauses, phrases, or portions of this Ordinance be declared invalid for any reason. SECTION 12. The City Clerk shall cause a certified copy of this Ordinance to be transmitted to thc Agency. SECTION 13. The City Clerk shall certify to the passage of this Ordinance and shall cause 2 3 4 5 6 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 MEADOWBROOK/CENTRAL CITY REDEVELOPMENT PROJECT AND CERTIFYING AN ADDENDUM TO THE 1975 ENVIRONMENTAL IMPACT REPORT HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and 7 Common Council ofthc City of San Bernardino at ajoint regular meeting thereof, held on the 8 day of 2001, by the following vote, to wit: 9 COUNCIL NAYS ABSTAIN ABSENT AYES Rachel G. Clark day of ,2001. Judith Valles, Mayor City of San Bernardino 13 !<. c<d..eR HEARING SCRIPT Hearing Date: December 3, 2001 Subject: Amendment to re-establish eminent domain power on non- residential property in the Meadowbrook/Central City Redevelopment Proiect Area CALL TO ORDER OF THE BOTH THE MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION Mayor: This is the time and place for a joint public hearing to be conducted by the City of San Bernardino Mayor and Common Council and by the Community Developrnent Commission for the purpose of considering the proposed Amendment to the Redevelopment Plan for the Meadowbrook/Central City Redevelopment Project, and all other related actions that will be described later. Mayor: "Let the record reflect that a quorum of the Cornmission and the Council are present. For the purpose of this joint public hearing conducted by the Common Council and the Commission, as Mayor of the City of San Bernardino, I will chair the joint public hearing." OPEN JOINT PUBLIC HEARING Mayor: "I hereby declare the joint public hearing open to consider the proposed Amendment to the Redevelopment Plan for the Meadowbrook/Central City Redevelopment Project, an ordinance adopting the proposed Amendment, and related matters." Mayor: "City Clerk, have all the required notices been given concerning this joint public hearing?" City Clerk: "Yes, I have here affidavits of mailing and publication which are marked Exhibits A and B." Mayor: "Exhibits A and B are accepted in evidence without objection." I ~h /0 I ~9~1L d 1.37 -~~ C:\DOCUME-I'J..lpark\LOCALS-I\TEMPOR-I\Bcsl short Mec jphscripl.OOc 111301Q! , Page I Mayor: "The following documents have been received by members of the Council and Commission for consideration:" Exhibit 2: The proposed Amendment to the Meadowbrook/Central City Redevelopment Project; Exhibit 3: The Redevelopment Agency's Report to the Mayor and Common Council on the proposed Amendment to the Redevelopment Plan for the Meadowbrook/Central City Redevelopment Project; and Exhibit 6: The Addendum to the 1975 Environmental Impact Report prepared in connection with the proposed Amendment. CONDUCT JOINT PUBLIC HEARING Mayor: "Our order of procedure this afternoon will be as follows:" "First the staff and consultants will present evidence, including expert testimony relating to the proposed Amendment to the Redevelopment Plan for the Meadowbrook/Central City Redevelopment Project." "Next, we will acknowledge receipt and enter into the record any written correspondence received prior to the joint public hearing." "We will then receive any written evidence or oral testimony from the audience concerning the proposed Amendment." "After all presentations have been made and public testimony and comments have been received, the public hearing will be closed. If there are no objections, either verbal or written, we will then proceed with the scheduled action. If objections are filed, we may close the public hearing and defer action until a later Council meeting or we rnay continue the hearing to a later date. Mayor: Mr. Van Osdel please provide the staff presentation. Gary: [Makes brief introduction and turns presentation over to Margaret and consultants who present the project.] Felise: A 'oj -;?I Nancy: ft"''J~5/f>l [Presents a summary of the Report to Mayor and Common Council. (Exhibit 3).] [Presents a summary of the Addendurn to the 1975 EIR. (Exhibit 6).] C;\DOClIME-I\Mpar\c\LOCALS-I\TEMPOR~ I\Besllhor1 Mec jphscripl doc 11130101 Page 2 Agency Special Counsel (Tirn): Mayor: Mayor: City Clerk: Mayor: "I request introduction of the following docurnents in evidence." ./ The proposed Amendment to the Redevelopment Plan for the Meadowbrook/Central City Redevelopment Project (Exhibit 2). ./ The Report to the Mayor and Common Council on the proposed Amendment to the Redevelopment Plan for the Meadowbrook/Central City Redevelopment Project (Exhibit 3). ./ Addendum to the 1975 EIR (Exhibit 6); and ./ The written staff report as presented. "If there are no objections, the staff report and Exhibits 2, 3, and 6 are accepted in evidence." "I will now ask the City Clerk to enter into the record at this time any written objections concerning the proposed Amendment that have been received by her office (Exhibit 5)." [NOTE: If no written objections are received, City Clerk should state that none have been received.] [NOTE: If written objections are received, then identify each by author and date and state whether or not it has been distributed to each member of the CounciI/Commission.] [If letters are received that have not previously been distributed please read each letter into the record.] "I will now call for testimony from members of the public. The rules governing public testirnony are as follows: All persons wishing to speak will be given the opportunity to do so. Please indicate whether you are in favor or opposed to this proposed Redevelopment Plan Amendment. Persons making statements and giving testimony must direct all comments to the Chair." "Before speaking, please give your narne, address, organization you represent, if any, and whether you reside, own property or operate a business in the Meadowbrook/Central City Project Area; and please limit your comments to the subject at hand and be brief where possible. I will now ask the City Clerk to administer the oath to all individuals wishing to provide testimony at this joint public hearing. C:\DOCUME-IIMpark\LOCALS-I\TEMPOR-I\BCliI shor1 MCC jphscriptdoc 11130101 Page 3 City Clerk: [Administers Oath] IF WRITTEN OR ORAL OBJECTIONS ARE RECEIVED: Agency Special Counsel (Tim): "We have received certain written materials which could constitute objections to the adoption of the proposed Amendment to the Redevelopment Plan. Pursuant to Sections 33363 and 33364 of the California Community Redevelopment Law, where such written objections are received, the Common Council is required to respond in writing before proceeding to consider adoption of the Plan amendment. In light of this requirement, I would request that the Council and Commission close the joint public hearing and consider written responses to the written and oral objections at the meeting of the Council and Commission on December 17, 2001." Mayor: "Are there any questions by members of the Council and Commission?" Mayor: "If there is no objection and no further comments from the public, I will entertain a motion to close the joint public hearing. [Council and Cornrnission Action] At the December 17, 2001 meeting of the Council and the Commission, consideration will be given to responses to the written and oral protests or objections to the proposed Amendment filed prior to or at this joint public hearing." Mayor: I will now entertain a motion to continue this agenda item to the Council and Commission meeting of December 17, 2001. [Council and Commission Action] IF NO WRITTEN OBJECTIONS ARE RECEIVED: Mayor: "If there is no objection and no further comments from the public, I will entertain a motion to close this joint public hearing. [Council and Commission Action]. Mayor: "Do staff or the consultants have any additional comments or responses to the oral testimony presented?" C:\DOCUME-I\Mpark\LOCALS~l\TEMPOR~I\Best short Mec jphsaipt,doc IIIJOIUI Page 4 Felise Acostal Staff: [Provide additional summary comments, if needed] Mayor: "The Community Development Commission will now act on the following resolution entitled:" " A 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 MEADOWBROOK/CENTRAL CITY REDEVELOPMENT PROJECT AREA, APPROVING THE SECTION 33352 REPORT TO THE MAYOR AND COMMON COUNCIL ON THE 2001 EMINENT DOMAIN AMENDMENT TO THE MEADOWBROOK/CENTRAL CITY REDEVELOPMENT PROJECT, APPROVING THE 2001 EMINENT DOMAIN AMENDMENT TO THE REDEVELOPMENT PLAN, AND RECOMMENDING THE CERTIFICATION OF THE ADDENDUM TO THE 1975 ENVIRONMENTAL IMPACT REPORT." Mayor: I will now entertain a motion to approve the Resolution. [COMMISSION ACTION] Mayor: I will now introduce for first reading the following ordinance entitled:" "AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL APPROVING THE 33352 REPORT TO THE MAYOR AND COMMON COUNCIL AND ADOPTING THE 2001 EMINENT DOMAIN AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE MEADOWBROOK/CENTRAL CITY REDEVELOPMENT PROJECT, AND CERTIFYING THE ADDENDUM TO THE 1975 ENVIRONMENTAL IMPACT REPORT. Mayor: I would like a motion to layover the Ordinance for final adoption. [MAYOR AND COMMON COUNCIL ACTION] END OF THIS HEARING ITEM. C:\DOCUME-I\Mpark\LOCALS-I\TEMPOR-I\Best lOOn Mec jphscripl,doc IIIJOJOI Page 5 ** FOR OFFICE USE ONL Y - NOT A PUBLIC DOCUt\IE~T ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Dale (Dale Adopted): (l- ;:)-C\ Item # W'I Vote: Ayes 1- "'1 Nays k)-- Change to motion to amend original documents: - Resolution " ~oc./ 2CO I-SS Abslain -er Absent e- Resn. # On Attachments: Contract term: - NullNoid After: - NOle on Resolution of Attachment slored separalely: -=- Direct City Clerk to (circle I): PUBLISH. POST. RECORD W,COUNTY By: Date Sent to Mayor: /2-5-0\ Reso LLlg UpJaled: ./ ,,/ Date of Mayor's Signature: /2-S-(>( Date of Clerk/CDC Signature: 12_-<; -() ) Seal Impressed: Date'MemufL-en nature: See Attached: See Attached: Date Retul11ed: _ 60 Day Reminder Letter Sent on 30th day: 90 Day Reminder Letter Sent on 45th day: he<L.. _ Request for Council Action & Staff Report Attached: Yes~ No By Updated Prior Resolutions (Other Than Below): Yes No ,/ By Updated CITY Personnel Folders (6413, 6429, 6433, 10584. 1058;, (2634): Yes No-L By Updated CDC Personnel Folders (5557): Yes No ,/ By Updated Traffic Folders (3985, 8234, 655. 92-389): Yes No I By Copies Distributed to: City Attorney Parks & Rec. Code Compliance Dev. Services EDA ./ Finance MIS Police Public Services Water Others: Notes: BEFORE FILING, REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE YEARL Y RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc.) Ready to File: ~ Date: 1<-/6/ G I I I Revised 01112/01 Do ...I ...I c:i It: 0 < 0" < 0 ~ " ~:b rn t- 0 ;;::;; 5 ~ ~ ..... (00)..... ... .<(..... "'IfI ~ Z ~ rn <l' 0::: <<> ...JO~ i5 >- u.. 0) a:I t: ~ e tJ) ~ u w Q2 I- . Z _ 0::00 ..... (f.l ~ I o ~~fu to- ..... <( Ld <( en ~ I- :::;; L1i w < 0 z'" . ~ C <<>t:j en 3E w ...J I 2 3 PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF SAN BERNARDINO I am employed in the County of San Bernardino, State of California. I am over the age of 4 18 and not a party to the within action. My business address is 201 North "E" Street, Suite 301, San Bernardino, California 9240 I. 5 On October 18, 2001, I served the following document described as NOTICE TO 6 PROPERTY OWNERS OF EMINENT DOMAIN AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE MEADOWBROOK/CENTRAL CITY REDEVELOPMENT PROJECT in the 7 form attached hereto as Exhibit "A" to the owners of property and to "occupants" of property whose names and addresses appear on the attached Exhibit "B" mailing list by placing [X] a true 8 copy [ ] the original thereof enclosed in sealed envelopes addressed as follows: 9 See Exhibit "A" and Exhibit "B". 10 [X] (BY MAIL, 10 13 a, 2015.5 C.c.P.) II [] I deposited such envelope in the mail at San Bernardino, California. The envelope was mailed with postage thereon fully prepaid. 12 [X] I am readily familiar with the City of San Bernardino's practice for collection and 13 processing correspondence for mailing. Under that practice, this document was deposited with the U.S. Postal Service on October 18,2001 with postage thereon fully prepaid at San Bernardino, 14 California in the ordinary course ofbusiness. 15 [X] 16 (STATE) I declare under penalty ofpeIjury under the laws of the State of California that the above is true and correct. [] (FEDERAL) I declare that I am employed in the office of a member of the bar of this 17 Court at whose direction the service was made. 18 Executed on November 15th, 2001, at San Bernardino, California. 19 20 21 22 23 24 25 26 27 28 t:'I(. A ..--- SB200U431O.1 MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO NOTICE OF JOINT PUBLIC HEARING PROPOSED 2001 EMINENT DOMAIN AMENDMENT TO THE MEADOWBROOK/CENTRAL CITY REDEVELOPMENT PLAN NOTICE IS HEREBY GIVEN THAT the Mayot and Common Council of the City of San Bernardino ("Mayor and Common Council") and the Community Development Commission of the City of San Bernardino ("Commission") will hold a joint public hearing on December 3, 2001, at approximately 2:00 PM. or shortly thereafter, in the Council Chambers, 300 North "D" Street. San Bernardino. CA 92418, to consider the proposed 2001 Eminent Domain Amendment to the MeadsowbrooklCentral City Redevelopment Plan. If adopted after the joint public hearing. the proposed 2001 Eminent Domain Amendment to the existing Meadowbrook/Central City Redevelopment Plan ("Redevelopment Plan") would reinstate the power of emi- nent domain for 12 years, to 2013. The Redevelopment Agency. at this time, has not identified any specific projects that would require the use of eminent domain. This proposed Amendment excludes all properties where persons reside from the power of eminent domain. Exhibit "A" accompanying this Notice is a map of the Meadowbrook/Central City Redevelopment Project Area ("Project Area"), which shows the boundaries of the Project Area. A copy of the Project Areas metes and bounds legal description may be obtained at no charge at the Agency's offices at 201 North "E" Street, Suite 301, San Bernardino, CA 92401. However, no new land or territory is being added to the Project Area under the proposed 2001 Eminent Domain Amendment. The Agency's Report to the Mayor and Common Council and Community Development Commission ("Re- port") on the proposed 2001 Eminent Domain Amendment will be presented at the joint public hearing. The Report will include an Addendum EIR. prepared for the proposed 2001 Eminent Domain Amendment under the California Environmental Quality Act of 1970, a Blight Report and other documents required by California Community Redevelopment Law. The Addendum to the 1975 Final Envi- ronmental Impact Report indicates that the proposed 2001 Eminent Domain Amendment will have no new or significant environmental effect which was not previously considered when the redevelopment plan was adopted and the Mayor and CommonCouncil will be requested to certifY such a finding under CEQA at the joint public hearing on the 2001 Eminent Domain Amendment. Prior [0 the joint public hearing. these documents will be available for inspection at the Agency's offices at 201 North "E" Street, Suite 301. San Bernardino, CA 92401. At the joint public hearing, the Mayor and Common Council and the Community Development Commis- sion will consider all evidence and testimony for and against the 2001 Eminent Domain Amendment and the Addendum EIR All persons having any objections to the proposed 2001 Eminent Domain Amendment may appear before the Mayor and Common Council and Community Development Commission and show cause why the proposed 2001 Eminent Domain Amendment or Addendum EIR should not be adopted. At any time not later than the hour set for the hearing. any person(s) may file a written statement with the City Clerk, of their objections to the proposed 2001 Eminent Domain Amendment. Public comment will dose at the public hearing. The Mayor and Common Council and Community Development Commission will make written findings in response to written objections filed at the public hearing prior to adoption of the 2001 Eminent Domain Amendment. If you have any questions regarding this Notice or the 2001 Eminent Domain Amendment please contact Margaret Park, Ptoject Managet at (909) 663-2272. 1:1 EXHIBIT A MEADOWBROOK! CENTRAL CITY /f' NORTH L Illi[ 1~1[ r t Public Meeting on Proposed Meadowbrook/Central City 2001 Redevelopment Plan Amendment The City of San Bernardino ("City") and the Economic Development Agency ("Agency") are considering an amendment to the Meadowbrook/ Central City Redevelopment Plan. To better inform the residents, busi- nesses and interested parties the City and Agency plan to hold a pub- lic informational meeting on October 25, 2001 at 6:15 pm in the City CounCil chambers. Before the Meadowbrook/Central City Redevelop- ment Plan can be amended, a joint public hearing of the Mayor and Common Council and Redevelopment Agency must be held. The sched- ule for the meetings is as follows: Public Meeting Thurs, October 25, 2001 6:15 p.m. . City Council Chambers Redevelopment Agencyl Monday, Dec. 3, 2001 May;), and Common Council 2:00 p.m. Public Hearing - City Council Chambers Please consider attending these meetings to learn more about the proposed Plan Amendment. In 1958, the Redevelopment Agency of the City of San Bernardino ("Agency") adopted the Meadowbrook/Central Redevelopment Plan to start a 40-year effort to improve the Meadowbrook/Central City area. M. the time of adoption of the Redevelopment Plan, the Meadowbrook/ Central City area was experiencing detrimental physical, social, and economic conditions that were negatively impacting the area. Due to the cultural and historic value of the area, the Agency initiated a com- prehensive program to stimulate new development and provide reha- bilitation activities in the Meadowbrook/Central City Project Area. , ,. Since 1958, the Agency has completed various projects in its effort to improve the area. These projects indude: . Construction of Carousel Mall, the City Hall and various public and private offices; . Public improvements and infrastructure development in the downtown area; and . Various Facade Improvement Grants. Oesptte the Agency's best effort, adverse conditions continue to re- main and there are additional projects that need to be completed in order to revitalize the area. Audiencia Publica Unida Sobre la Enmienda proquesta del Plan de Reurbanizaci6n de Meadowbrook! Central City 2001 La ciudad de San Bernardino ("Consejol y la Agencia de Desarrollo Econ6mico ("Agencia") esta considerando una enmienda al Plan de Reurbanizaci6n de Meadowbrook/Central City. Para informar a 105 residentes, propietarios de negOOos, y todas las personas interesadas, el Consejo y la Agencia han program ado el dia 25 de Octobre del 2001, alas 6:15 de la tarde en la sala del Consejo, como el sitio y la hora para una audiencia publica unida. Antes de aprobar la enmienda propuesta, se requiere que '.el Consejo y la Agencia tengan una audiencia publica unida. Lo siguiente es el horario para estas audiencias publicas: Reuni6n Publica Jueves el 25 de Oetobre del 2001; a las 6:15 de la tarde en lasala del Consejo . LuneS el3 de Dieiembre del 2001, alas 2:00 de la tarde en el sala del Consejo .. La Audieneia Publica .Unida - Con la Agencia, el Alcalde, y el Consejo de la Ciudad de San Bernardino. .. Favor de assistir a estas audieneias para aprender mas sobre la enmienda propuesta. En 1958, la Agencia de Reurbanizaci6n de la Ciudad de San Bernar- dino ("Agencia") aprob6 el Plan de Reurbanizaci6n de Meadowbrook/ Central City para empezar una epoca de cuarenta anos de mejoraci6n de la area de Meadowbrook/Central City. Durante aquella epoca, la area de Meadowbrook/Central City experimentaba condiciones perjudiciales fisieos, sociales, y econ6micos que influenciaba negativamente a la area. Debido al valor cultural e hist6rico de la area, la Agencia inici6 una programa amplia para estimular desarrollo nuevo y para proveer actividades de rehabilitaci6n en la area de proyecto de Meadowbrook/Central City. Desde 1958, la Agencia ha cumplido varios proyectos para mejorar la area. Estos proyectos induyen: . Construcci6n del Carousel Mall, la sala de municipalidad y varios oficinas publicos y privados; . Mejoraciones publicas y desarollo de la infraestructura en el centro de la ciudad; y . Varios donaciones para mejoraciones de apariencias. A pesar de 105 esfuerzos de la Agencia, todavia continuan condiciones pe~udiciales y quedan por hacer otros proyectos necesarios para revivificar la area. , p, /GL 2 JlcadoJl'brool./CClltral City 2nn I Rl'dl'l.efOf1I/lCllt Plan Initiation of the 2001 Amendment to the Redevelopment Plan In July 2000, the Community Development Commission decided to consider amending the Redevelopment Plan in order to reinstate the time limit to use eminent domain to 2013. The Meadowbrook/Central City Redevelopment Plan establishes various time and financial limitations involving the use of rede- velopment tools within the 590-acre Redevelopment Plan Area. One of these time limits, involving the use of eminent domain to acquire real property in the Plan Area, expired on January 1, 1999. While the Agency would be able to complete projects and collect tax increment revenue through December 2003, the Agency could not commence any eminent domain proceedings in the Plan Area without extending that time limit. . If adopted, the amendment would extend the Agency's limited authority to use eminent domain, if necessary, to (only acquire properties that have a non. residential General Plan designation andlor have an existing non-residential use.) . Upon exercise of eminent domain, the agency is required to justly compensate owners of acquired property and follow established relocation guidelines. . Please note the Agency has no plans to use eminent domain at this time. The ability to acquire property is one of the fundamental tools in the Redevelopment Plan. In Meadowbrook/Central City, acqui- sition enables the Agency better opportunities to consolidate parcels and initiate redevelopment activities in the Plan Area. Even though the Agency has used eminent domain only a few times in the Plan Area, further acquisition, perhaps by eminent domain, will be needed to alleviate persistent physical and land use blighting conditions. Eminent domain authority is essential for the Agency to achieve redevelopment goals set forth in the Redevelopment Plan. Plan Iniciacion de la Enmienda del 2001 al Plan de Reurbanizacion En Julio del 2000, la Comision Vecindario de Desarrollo decidi6 considerar enmendar el Plan de Reurbanizaci6n para restablecer ellimite de tiempo para el uso del dominio eminente hasta el 2013. EI Plan de Reurbanizaci6n de Meadowbrook/ Central City establece varias Iimitaciones de tiempo y finanzas, en cuanto al uso de herramientas de reurbanizaci6n dentro de la Area de proyecto de Reurbanizaci6n (590 acres). Una de estas limitaciones de tiempo, implicando el uso del dominio eminente para adquirir propiedad real en la Area de proyecto, esta programado a expirar el dia 1 de Enero del 1999 . Mientras que la Agencia pod ria completar proyectos y colectar reditos de impuestos incrementales hasta finales del mes de Diciembre del 2003, la Agencia no poclra comenzar ningun procedimiento del dominio eminente en la Area de proyecto despues de junio del proximo ano sin extender este limite de tiempo. . 5i es adoptada, la enmienda extenderia la autoridad Iimitada de la Agencia para que use el dominio eminente, si as necesario, para adquirirpropiedad real, (solamente obtener propiedades que tienen una no-residencial Plan General designada y/o tenerI un exsistente no-residential uso.) . AI ejercer el dominio eminente, se requiere que la Agencia recompense justamente a los duenos de aquellas propiedades adquiridas, y que siga las reglas establecidas de reubicaci6n. . Favor de notar que, actualmente, la Agencia no tiene planes de ejercer el uso del dominio eminente. La habilidad de adquirir propiedad es una de las herramientas fundamentales en el Plan de Reurbanizaci6n. En Meadowbrook! Central City, la adquisici6n Ie da a la Agencia la habilidad de consolidar terrenos y de iniciar las actividades de reurbanizaci6n. Aunque la Agencia no haya usado nunca el dominio eminente en la Area de proyecto, se necesitaran adquisiciones adicionales, tal vez par medio del dominio eminente, para aliviar las condiciones de deterioro, que vienen a traves del uso de tierra persistente y fisico. Mantener la autoridad de ejercer el dominio eminente es esencial para que la Agencia realize las metas fijadas en el Plan de Reurbanizaci6n. .lleadoJt'brooI./Central City Redel'cloplllellt Plall Art'll Boulldaries MEADOWBROOK/CENTRAL CITY Redevelopment Project Area LJ ~ ~l. ......;. : ~ cj ~l. .. L~ r -- I JrrnB l -- . - IL., . . ;. . . ~ ~ --l = I I ~ BNSFR.R. IL . i[ f[ I I . f -- Bl T1nl r- /f' NORTH . . . r -- . ...9 - E ~ o Z MAYOR AND COMMON COUNCIL AND COMMUNITY DEVEWPMENT COMMISSION OF THE CITY OF SAN BERNARDINO NOTICE OF JOINT PUBliC HEARING f.)<. , PROPOSED 2001 EMINENT DOMAIN AMENDMENT TO THE MEADOWBROOK/CENTRAL CITY REDEVEWPMENT PLAN NOTICE IS J;lEREBY GIVEN THAT the Mayor and Common Council of the City of Sm Bernardino :: (~~yq~~d..:~~1i' 'Council") and, the Community, Development Conunissi~n of the City ofS~ '1kr~.~~~~n.):wil1;hold a joint.public,hearing'on Dcce~~r3,. 2001. at appro~mately 2:00 PM....acshoiily ihereafter. lD the Couned Chambers. 300 North 0 Street, San Bernardmo. CA 92418. to consider the proposed 2001 Eminent Do.main Amendment to the MeadsowbrooklCentral City Re,~evelopment Plan. If adopted after the joint public hearing, the proposed 2001 Eminent Domain Amendment to the existing ,MeadOW-brook/Central City Redevelopment Plan ("Redevelopment Plan") wo~d reinstate the power of eminent domain for 12 years. (0 2013. The Redevelopment Agency, at this time. has not identified any .~c projecu that would require the use 'of eminent domain. This proposed Amendment excludes all pro~<<l~~S where pe~ns reside from the power or. e~ent domain. Exhibit "A" accompanying this Notice is a map of the Meadowbrook/Cennal City Redevdopment Project Area ("Project Area"), which shows, the boundaries of the Project Area. A copy of the Project Neas meres and bounds legal description may be obtained at no charge at the Agency's offices at 201 NOM "E" Sneet, Suite 30 I, San Bernardino, CA 92401. However, no new land or territory is being added to the Project Area under the proposed 2001 Eminent ~omain Amendment. The Agency's Report to the Mayor and Common Council and Community Development Commission ("Repon") on the ptoposed 2001 Eminent Domain Amendment will be presented at the joint public hearing. The Report will include an Addendum EIR, prepared for the proposed 2001 Eminent Domain Amendment, under the California Environmental Quality Act of 1970, a Blight ~eport and other documents 'reqUired by California Community Redevdopment Law. The Addendum to the 1975 Final Environmental Impact Repon indicates that the proposed 2001 Eminent Domain Amendment will have no, new or significant environmental effect which was not previously considered when the redevelopment plan was adopted and the Mayor and CommonCouncil will be requested to certify such a finding up.der CEQA at the joint public hearing on the 2001 Eminent Domain Amendment. Prior to the joint public hearing, these documents will be available for inspection at the Agency's offices at 201 NOM "E" Street, Suite 301. San Bernardino, CA 92401. At the joint public hearing, the Mayor and Common Council and the Community Devdopment Commis- sion will consider all evidence and testimony for and against the 2001 Eminent Domain Amendment and the Addendum EIR All persons having any objections to the proposed 2001 Eminent Domain Amend- ment may appear before the Mayor and Common Council and Community Development Commission and show cause why the proposed 2001 Eminent Domain Amendment or Addendum EIR should not be adopted. At any time not later than the hour set for the hearing, any person(s) may me a written statement with the City Clerk, of their objections to the ptoposed 2001 Eminent Domain ~endment. Public comment will dose at the public hearing. The Mayor and Common Council and Community Devdopment Commission will make written findings in response to written objections filed at the public hearing prior to adoption of the 2001 Eminent Domain Amendment. If you have any questions regarding this Notice or the 2001 Eminent Domain Amendment please contact Margarer Park, Pro;,cr Manager ar (909) 663-2272. LJ: I~L /f' NORTH EXHIBIT A IbJi[ I '[ . I I Il t MEADOWBROOK! CENTRAL CITY . (:, L