HomeMy WebLinkAbout20-Economic Development Agency
ECONOMIC DEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO
FROM: Gary Van Osdel
Executive Director
SUBJECT: AMENDMENT TO RE-EST ABUSH
EMINENT DOMAIN POWER ON NON-
RESIDENTIAL PROPERTY IN THE
MEADOWBROOKlCENTRAL CITY
REDEVELOPMENT PROJECT
DATE: November 26,2001
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SVRODsis or Previous CommlnionlColfncjllCommlttee Adionls}:
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, 2001 the RDA Committee recommended to the Community Development Commission that a joint
public hearing be scheduled with the Mayor aod 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.
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RKommended Mollonlsl:
OPEN PUBLIC HEARING
CLOSE PUBLIC HEARING
(Motion or Community Develooment Commluten and Mlvor and Common Council)
- IF WRITTEN OR ORAL OBJECTIONS AItE PItESENTED-
MOTION A: CLOSE THE JOINT PUBUC HEARING AND CONSIDER WRI1TEN OBJECTIONS TO THE 2001
EMINENT DOMAIN AMENDMENT AND DIRECT PREPARATION OF WRITTEN FINDINGS IN
RESPONSE THERETO AS APPLICABLE.
lMotiontsl Continued to Next P.2e...)
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Contact Person(s): Gary Van OsdellMargaret Park. A1CP
Project Area( s) Meadowbrook/Central City
Phone:
663-1044
One (I)
Ward(s):
Supporting Data Attached: iii Staff Report iii Resolution(s) iii Ordinance(s) iii Map(s) iii Spreadsheets
FUNDING REQUIREMENTS Amount: $ N/A Sourcc: N/A
SIGNATURE:
7t Authority:
/t /h #./
Ide!, Executive D' tor
c Development Agency
Requested
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No,d.-O
AI
/J/; 7 jlJl
REQUEST FOR COMMISSION/COUNCIL ACTION
Re-Establishment of Eminent Domain Meadowbrook/CC
November 26, 200 1
Page Number -2-
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Recommended Motion(s) Continued:
-IF NO WRITTEN OR OlUL OBJECTIONS AIlE PIlESENTED-
(Community DeveloDment 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 PROJECf
AREA OF THE MEADOWBROOK/CENTRAL CITY REDEVELOPMENT
PROJECf, 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 IMPACf REPORT
(Mavor and Common Counclll
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.
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GVO:MEP:lag:12-03-01 Meadowbrook CC
COMMISSION MEETING AGENDA
Meeting Date: 12/8311001
Agenda Item Number: 1(31
ECONOMIC DEVELOPMENT AGENCY
STAFF REPORT
A Recluest To Re-EstabJlsh The Power or Eminent Domain In The Meadowbrook/Central
City .l\.edeveloDmeat Prolect Area
BACKGROUND
In July of 2000, the Conununity Development Commission directed staff to initiate amendments
to several redevelopment project areas in which powers of eminent domain had lapsed or were
about to lapse. The purpose of the amendments would be to reinstate the power of eminent
domain on a limited basis over those properties in each project area that life non-residential land
uses under the General Plan and are cUItently 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 12-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 Conununity 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 conunercial
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 infonnation 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
conunercial and residential. About twenty people attended the wotkshop. 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 181h, 2001.
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GVO:MEP:h1g: 12-03-01 Meadowbrook CC
COMMISSION MEETING AGENDA
Meeting Date: 12/0312001
Aaenda Item Number: ..l.JL
Economic Development Agency Staff Report
Re-Establish Eminent Domain-Meadowbrook/CC
November 26, 2001
Page Number -2-
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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 14-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 infonnation, 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 infonnation
presented by the Agency staff and consultants regarding the Report and the 200 I 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. Lilbum
Corporation prepared an Addendum to the EIR and concluded that the environmental setting had
not changed sufficient for this proposed amendment to create significant environmental impacts
to the area. The Addendum to the EIR is comprised of the Initial Study and a cover letter
summarizing the consultant's findings. The proposed fonn oftbe 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.
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GVO:MEP:lag:!2-03"()1 Meadowbrook CC
COMMISSION MEETING AGENDA
Meet!nc Date: 1110312001
AaeDda Item Number: A31-
Economic Development Agency Staff Report
Re-Establish Eminent Domain-Meadowbrook/CC
November 26, 2001
Page Number -3-
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RECOMMENDATION
That the Community Development Commission and the Mayor and Common Council:
I. Close the joint public hearing and consider written and oral objections to the
2001 Eminent Domain Amendment and direct preparation ofwritlen findings in
response thereto, as applicable; and
2. (Commission Action) Adopt the re$olution 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
am!'Jdment to the Meadowbrook/Central City Redevelopment Project Area.
d ./
/JJ .--t,(;4 ~
ary Y'n Osdel
Exe,P6tive Director
EXHIBITS:
I. Redevelopment Project Area Map
2. Text of proposed 2001 Amendment
3. Report to Mayor and Common Council
4. l.ist of Non-residential parcels alTected by the Amendment
S. Copies ofwrillen objections m:eived by City Clerk as of the November 26, 2001
6. Addendum to the Environmenlallmpact Report
7. Resolution
8. Ordinance
GVO:MEP:lag: 12-03-01 Meadowbrook CC
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COMMISSION MEETING AGENDA
MeetIDlI Dale: 12/0311001
Agenda Item Number: ~
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ORDINANCE NO.
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 200 I 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 California; and
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WHEREAS, the Redevelopment Agency of the City of San Bernardino ("Agency") is a
public body corporate and politic, organized and existing under the California Community
Redevelopment Law, Health and Safety Code Sections 33000, et seq. ("CRL"); and
WHEREAS, the Community Development Commission of the City of San Bernardino (the
"Commission") is the governing board of the Agency; and
WHEREAS, the Mayor and Common Council have previously adopted Ordinance Nos. 2233
and 2649, dated July21, 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 Redevelopment Law (Health and
Safety Code Section 33000 et sea.); and
WHEREAS, the Redevelopment Plan for the Meadowbrook Project Area No. I and the
Redevelopment Plan for the Central City Project Area No. I were subsequently amended by
Ordinance No. 3059, dated March 16, 1970, and the redevelopment project areas ofthe 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 certified a Final Environmental Impact Report (the
MEADOWBROOK-Ordinance.wpd
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"1975 FElR - 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 adopted the Second Amendment to the Original Plan, as amended
("Second Amendment"); and
WHEREAS, the Common Council, by adoption of Ordinance No. MC-916 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 Amendment, Second Amendment,
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 eminent domain
however, has lapsed in 1999 under applicable provisions of the Community Redevelopment Law;
and
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WHEREAS, the Agency and Common Council have initiated proceedings for the adoption
of a further amendment to the Redevelopment Plan entitled "2001 Eminent Domain Amendment
to the Redevelopment Plan for the Meadowbrook/Central City Redevelopment Project" (the "2001
Amendment"); and
WHEREAS, the 2001 Amendment shall reinstate the Agency's eminent domain authority
with respect to all non-residentially used or occupied property in the Project Area for a twelve (12)
year period, commencing on the effective date 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 the 2001 Amendment, the proposed Addendum to the 1975 Environmental Impact
Report for the Redevelopment Plan for the 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 the 2001 Amendment should not be adopted; and
WHEREAS, notice ofthe joint public hearing of the Commission and Common Council with
respect to the 2001 Amendment 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 declaration of service by United States Mail of such public
notice is on file in the Office of the City Clerk; and
WHEREAS, the joint public hearing ofthe Commission and Common Council was duly held
on December 3, 2001; and
WHEREAS, the Agency prepared the text of the 2001 Amendment as on file with the City
Clerk; and
WHEREAS, the Agency staff prepared a document entitled "Report to the Mayor and
Common Council on the 2001 Eminent Domain Amendment to the Redevelopment Plan for the
Meadowbrook/Central City Redevelopment Project" (the "33352 Report"); and
MEADOWBROOK-Ordinance. wpd
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WHEREAS, the Common Council considered the information set forth in the Initial Study
prepared for the 200 I Amendment and the accompanying Addendum to the 1975 EIR in accordance
with CEQA Guidelines Section 15164 finding that the 2001 Amendment shall not result in any new
significant environmental effect or increase in severity of a previously identified environmental
effect that would require major revisions to the 1975 EIR; and
WHEREAS, the 2001 Amendment:
(i) does not change the boundaries of the Project Area;
(ii) does not modify the applicable limitations in the Redevelopment Plan on
indebtedness that the Agency may incur for the redevelopment of the Project Area;
(iii) does not modify or affect any provision of the Redevelopment Plan relating to the
allocation of taxes;
(iv) shall not result in the displacement of any person from a residential dwelling unit by
means ofthe Agency's exercise of the power of eminent domain to acquire any interest in property;
and
(v) apart from the reinstatement of the power ofthe Agency to acquire non-residentially
used or occupied property in the Project Area for a twelve (12) year period oftime following the
effective date of this Ordinance, the 2001 Amendment shall not affect any other provision of the
Redevelopment Plan;
WHEREAS, all legal prerequisites of the Commission and the Common Council to the
passage of this Ordinance have been satisfied in accordance with applicable law.
NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO ORDAINS AS FOLLOWS:
SECTION 1. The purposes and intent of the Common Council with respect to the 2001
Amendment is to reinstate the power of the Agency to acquire certain property by exercise of
eminent domain authority with respect to non-residential property in the Project Area, as set forth
in the 2001 Amendment, and thereby protect and promote the sound redevelopment ofthe Project
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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 City or the
Agency prior to the joint public hearing of the Commission and Common Council and no written
or oral objection was submitted to the Commission or the Common Council prior to the close of the
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; the Initial Study and the
Addendum to the 1975 EIR and the comments as submitted with respect to the Addendum to the
1975 EIR and the text of the 2001 Amendment, the Common Council hereby finds and determines
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(i) the Project Area continues to display conditions of blight and the Project Area
remains as a blighted area, the redevelopment of which is and remains necessary to
effectuate the public purposes of the CRL. This finding is based in part on the
research and facts set forth in the 33352 Report;
(ii) the 2001 Amendment to the Redevelopment Plan shall assist the Agency to correct
and eliminate the spread of blight in the Project Area from commercially zoned and
used lands into residentially zoned and used lands in the Proj ect Area by means of
assisting owner participants under the terms of specific redevelopment agreements
and covenants acceptable to the Agency to consolidate parcels, eliminate obsolete
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or blighted structures or conditions on commercial use property and preserve and
create new employment and private capital investment in the Project Area and
assisting developers under the terms of specific redevelopment agreements and
covenants acceptable to the Agency to consolidate parcels, eliminate obsolete
structures or conditions on commercial use property and presence and create new
employment and private capital investment in the Project Area.
SECTION 3. The Common Council hereby acknowledges its receipt of the 33353 Report
from the Agency. The Common Council hereby approves the 33353 Report in the form as submitted
at the joint public hearing for the adoption of the 2001 Amendment to the Redevelopment Plan. The
Common Council is satisfied that written findings have been adopted in response to the single
written objection received from a property owner before or at the noticed joint public hearing and
the single oral objection presented by a property owner at the joint public hearing on December 3,
2001. The Common Council has considered 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 Amendment
to the Redevelopment Plan.
SECTION 4. The Common Council hereby further finds and determines that:
a. All facts set forth in the above Recitals are true and correct.
b. The Common Council previously found and determined in Ordinance 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 revisions to the Redevelopment Plan affecting these
previous findings and determinations and such previous findings and determinations remain valid
and effective, and no further findings or determinations concerning blight are required in connection
with the adoption of the 2001 Amendment.
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c. The Redevelopment Plan, as amended by the 2001 Amendment, will foster the
redevelopment of the Project Area in conformity with the CRL and in the interests of the public
peace, health, safety, and welfare.
d. The adoption and carrying out ofthe 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 conforms to the General Plan ofthe 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 ofreal property, as provided for in the Redevelopment Plan, as
amended by the 2001 Amendment, is necessary to the implementation ofthe Redevelopment Plan,
and adequate provisions have been made for payment of just compensation for property to be
acquired, if any, as provided by law.
h. The Common Council previously found and determined that the Redevelopment Plan
provides a feasible method and plan for the relocation of families and persons displaced from the
Project Area, if any. However, the implementation of the 2001 Amendment and the acquisition of
any property by exercise of eminent domain pursuant to such 2001 Amendment shall not result in
the temporary or permanent displacement of any occupants of housing facilities in the Project Area.
The Common Council hereby further finds and determines that (i) such findings and determinations
set forth in Ordinance No. 2233 and 2649 are final and conclusive; (ii) the 2001 Amendment does
not add territory to the Project Area or make any other revisions to the Redevelopment Plan
affecting these previous findings and determinations, (iii) the 2001 Amendment shall not result in
the displacement of any person from a residential dwelling unit as a result ofthe Agency's exercise
of eminent domain to acquire any property, (iv) such previous findings and determinations remain
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valid and effective, and (v) no further finding or determination 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 are being provided in the Project Area, or in other areas not generally
less desirable in regard to public utilities and public and commercial facilities, and at rents or prices
within the financial means of the families and persons displaced from the Project Area, if any,
decent, safe, and sanitary dwellings equal in number to the number of and available to the displaced
families and persons and reasonably accessible to their places of employment. The Common
Council further finds and determines that (i) such findings and determinations set forth in Ordinance
Nos. 2233 and 2649 are final and conclusive; (ii) the 2001 Amendment does not add territory to the
Project Area or make any other revisions to the Redevelopment Plan that affect these previous
findings and determinations, (iii) the 2001 Amendment shall not result in the displacement of any
person from a residential dwelling unit as a result ofthe Agency's exercise of the power of eminent
domain to acquire any property, (iv) such previous findings and determinations remain valid and
effective, and (v) no further finding or determination concerning the foregoing is required for the
2001 Amendment.
J. Families and persons shall not be displaced prior to the adoption of a relocation plan
pursuant to CRL Sections 33411 and 33411.1, and dwelling units housing persons and families of
low or moderate income shall not be removed or destroyed prior to the adoption of a replacement
housing plan pursuant to CRL Sections 33334.5, 33413, and 33413.5.
k. The Common Council hereby finds that CRL Section 33367(d)(9) is not applicable
to the 2001 Amendment in light of the fact that the 2001 Amendment does not add territory to the
Proj ect Area or make any other revisions to the Redevelopment Plan, except for the reinstatement
of the power of eminent domain.
l. The Common Council hereby finds that CRL Section 33367( d)(l 0) is not applicable
to the 2001 Amendment in light of the fact that the 2001 Amendment does not add territory to the
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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)(11) is not applicable
to the 2001 Amendment in light of the fact that the 2001 Amendment does not add territory to the
Project Area or make any other revisions to the Redevelopment Plan, except for the reinstatement
of the power of eminent domain.
n. The Common Council hereby finds that CRL Section 33367(d)(12) is not applicable
to the 2001 Amendment in light of the fact that the 2001 Amendment does not add territory to the
Project Area or make any other revisions to the Redevelopment Plan, except for the reinstatement
of the power of eminent domain.
o. The time limitation on commencement of eminent domain proceedings contained in
the 2001 Amendment is reasonably related to the proposed projects to be implemented in the Project
Area and to the ability of the Agency to eliminate blight within the Project Area. The 2001
Amendment does not amend or affect any other time limitations or amend or affect the limitation
on the number of dollars to be allocated to the Agency contained in the Redevelopment Plan, as
amended by the 2001 Amendment.
p. The Common Council previously found in Ordinance 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, adequate temporary dwelling facilities at rents comparable to
those in the City at the time of their displacement. The Common Council further finds and
determines that the provisions ofCRL Section 33367( e) are not applicable to the 2001 Amendment
in light of the fact that the 2001 Amendment does not add territory to the Project Area or make any
other revisions to the Redevelopment Plan affecting these previous findings and determinations and
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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 ofthe Agency's power of eminent domain.
SECTION 5. Prior to the opening of the joint public hearing at which this Ordinance is
adopted, the Common Council received the Initial Study prepared by the Economic Development
Agency of the City of San Bernardino regarding the 2001 Amendment. The Common Council
independently reviewed the Initial Study. In its independent discretion, the Common Council
hereby finds and determines that the Initial Study adequately describes the 2001 Amendment and
accurately identifies and assessed all of the potentially significant environmental effects or impacts
of the implementation of the 2001 Amendment.
The Common Council further finds and determines that, in 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 Agency. Subsequently, the California Legislature imposed a statutory time limit on the
exercise of the power of eminent domain within the Project Area by the Agency. The imposition
of this statutory time limit has occasioned the 2001 Amendment to extend the time during which the
Agency may exercise the power of eminent domain within the Project Area. In 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 ofthe Original Plan. Thus, the 2001 Amendment to extend the time during
which the Agency may exercise of the power of eminent domain within the Project Area does not
present any new significant environmental effects or any differences in the severity of previously
identified environmental effects and no new information that was not and could not have been
known when the 1975 EIR was certified shows any new significant environmental effects or any
differences in the severity of previously identified environmental effects would result from the
implementation of the 2001 Amendment. Therefore, the Common Council further finds and
determines that there are no new significant environmental effects or any differences in the severity
of environmental effects associated with the implementation of the 2001 Amendment from those
MEADOWBROOK~Ordinance. wpd
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identified in the 1975 EIR requiring major revisions to the 1975 EIR, under Public Resources Code
Section 21166 and Title 14 California Code of Regulations Section 15162. The Common Council
further finds and determines that no new information that was not and could not have been known
when the 1975 EIR was certified has become available showing that the implementation ofthe 2001
Amendment will have any new significant environmental effects or cause any differences in the
severity of previously identified environmental effects requiring major revisions to the 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
determinations of the Common Council set forth herein, the Common Council hereby finds and
determines that no revision or supplement to the 1975 EIR and no subsequent environmental impact
report is required under the California Environmental Quality Act (Public Resources Code Section
21000, et seq.) for the adoption of this Ordinance. The Common Council further finds and
determines that it is appropriate for the City to attach the Initial Study to the 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 Resources Code Section 21152 and Title 14 California Code
of Regulations Sections 15096(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 file with the City Clerk, and which 2001 Amendment is incorporated herein by
this reference, and the Common Council designates the Redevelopment Plan, as amended by the
2001 Amendment (hereinafter, the "Amended Plan") as the official redevelopment plan for the
Meadowbrook/Central City Redevelopment Project.
MEADOWBROOK-Ordinance. wpd
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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 thereof by 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 hereby declares its intention to undertake and complete
any proceedings necessary to be carried out by the City under the provisions of the Amended Plan.
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 200 I 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 Ordinance, is, for any reason, held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining portions
of this Ordinance. The Common Council hereby declares that it would have adopted this Ordinance
and each, section subdivision, sentence, clause, phrase, or portion of this Ordinance, irrespective 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 copyofthis Ordinance to be transmitted
to the Agency.
SECTION 13. The City Clerk shall certify to the passage of this Ordinance and shall cause
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AN ORDINANCE OF THEMA YORAND 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 of the City of San Bernardino at ajoint regular meeting thereof, held on the
8
day of
2001, by the following vote, to wit:
9 COUNCIL
AYES
NAYS
ABSTAIN ABSENT
10 ESTRADA
11 LIEN
12 McGINNIS
13 SCHNETZ
14 SUAREZ
15
ANDERSON
16
McCAMMACK
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APPROVED AND ADOPTED this
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22 Approved as to form and legal content:
23 B~?~
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25 ty Attorney
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28 MEADOWBROOK.Ordinance. wpd
Rachel G. Clark
day of
,2001.
Judith Valles, Mayor
City of San Bernardino
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til.. "uF~R OFFICE USE ONLY - NOy,'A PUBLlCDOCUMEHT.*,/'
-{~;~~'.?;1~,;. ~.-' . ~<[~~;j. r:~~f?~~~t>. . - _~..~:.; ~.~.::: ~:~ ;-~"'~~*"!' ~~~:~: >~
. . . . cm OF SAN BERNARDINO :'CITY ClERK'S OFFICE --'~"~-'.,'
,.- RECORDS & INFORMATION MANAGEMENT PROGRAM .' ',:..-
AGENDA ITEM TRACKING FORM
Meeting Date/Date Adopted: /0/11(1 (/ 1 Item No. .;:t 0
Resolution/Ordinance No. Me - 1/1 "3 Ordinance Urgency: Yes ~N ,
Effective Date: /-11 - 0') Termination/Sunset Date: _---::=:
Vote: Ayes: / - {, Nays: ,D'
Abstain: ~ Absent: '7
IJ((~/ 0 (
Date of Mayor's Signature:
,;}..O/Y
Date Sent to Mayor:
Date Returned from Mayor:
Date of Clerk's Signature:
Date Summary Returned from Attorney:
pit f" /0 /
f f .
Date Summary Sent to Attorney:
Date Published: .;;L, .? I
Meeting Type: ~~ ~'?~
Continued Fromffo & Item No.
Date Seal Impressed:
Date Sent for Signature:
Expiration Date:
Copies Distri~d To:
~J,2.t/. s: ~
Exhibits Complete & Attached to Resmdon/Ordinance:
To Whom:
~Retumed:
Rem i nder Letter Sent:
Reminder Letter Sent:
Reminder Letter Sent:
Request for Council Action & Staff Report Attached: Yes
Notes: ~~~ /~ - ~ ~ ~
No
Ready to File:
Date:
O<<XUMENT lCJC:AnoN:
FOD4S{AII"da 11m T.... fom. cc Fomt No. 111 . UR ~ IVlWlt96