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RESOLUTION NO. CDCj2004-38
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A RESOLUTION OF THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF SAN BERNARDINO DECLARING
THE PUBLIC INTEREST AND NECESSITY OF ACQUISITION OF
REAL PROPERTY BY THE REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO FOR COMMUNITY REDEVELOPMENT
PURPOSES OVER THE PROPERTY KNOWN AS 2073 N. NEWCOMB
STREET, SAN BERNARDINO, CALIFORNIA (AP# 1191-021-21) IN THE
INLAND V ALLEY REDEVELOPMENT PROJECT AREA
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WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency"),
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a public entity created pursuant to the Community Redevelopment Law (Health and Safety
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Code Section 33000, et seq.), is authorized to acquire and redevelop blighted properties located
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in the City of San Bernardino (the "City"), in accordance with the Community Redevelopment
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Law; and
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WHEREAS, the Community Development Commission of the City of San Bernardino
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(the "Commission"), as the governing board of the Agency, has authorized the Agency to
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assemble, and acquire real property for community redevelopment purposes in the Arden-
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Guthrie neighborhood (the "Arden-Guthrie Implementation Area"); and
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WHEREAS, the Arden-Guthrie Implementation Area displays substantial and pervasive
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symptoms of blight that cannot be remedied by private parties acting alone without community
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redevelopment assistance; and
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WHEREAS, the Inland Valley Development Agency (the "IVDA") may acquire real
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property located with the redevelopment project area of the Inland Valley Redevelopment
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Project Area (the "Project Area") by condemnation if necessary as part of the redevelopment
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plan for the civilian reuse and redevelopment of the former Norton Air Force Base and certain
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lands in close proximity to the former Norton Air Force Base; and
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WHEREAS, the Arden-Guthrie Implementation Area is located within the IVDA
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Project Area; and
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WHEREAS, the Agency and the IVDA have entered into the Redevelopment
2 Cooperation Agreement, dated as of October 8, 2003 (the "Cooperation Agreement"), which
3 authorizes the Agency to act for and on behalf of the IVDA, as set forth in the IVDA
4 Redevelopment Plan, with respect to the acquisition and redevelopment of lands and properties
5 situated in the Arden-Guthrie Implementation Area; and
6 WHEREAS, prior to the date of the Cooperation Agreement, the Agency has acquired
7 other real property in the Arden Guthrie Implementation Area; and
8 WHEREAS, Section 3 of the Cooperation Agreement authorizes the Agency, either in
9 its name or on behalf of the IVDA, to exercise all powers of eminent domain of the IVDA, if
10 deemed necessary in the discretion of the Agency to acquire real property within the Arden-
11 Guthrie Implementation Area for community redevelopment purposes; and
12 WHEREAS, the Agency retained the services of an appraiser to appraise the Property
13 and the appraiser has reported an opinion of the fair market value of the unimproved property
14 located at 2073 N. Newcomb Street, San Bernardino, CA 92404 (AP# 1191-021-21) (the
15 "Property"); and
16 WHEREAS, based upon such real property appraisal report, the Commission authorized
17 the Agency to send a purchase offer to the owner of record, to attempt to purchase the Property
18 at the appraised values in lieu of condemnation, and on May 11,2004, and again on June 11,
19 2004, the Agency mailed purchase offers to the owner of record of the Property based on the
20 appraised value of each parcel of the Property described in this Resolution; and
21 WHEREAS, the Agency transmitted offers to purchase the Property situated within the
22 Project Area, based on the appraised value, to the owner of record of the Property; and
23 WHEREAS, the purchase offer mailed to the owner of record of the Property on May
24 11,2004, at the address on file with the office of the County Tax Assessor, was returned by the
25 Post Office undelivered, after diligent inquiry and reasonable research another possible address
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for the owner of the Property was located and the June 11, 2004 purchase offer was mailed to
2 the owner of the Property at that additional address but the offer was returned by the Post Office
3 undelivered and, after diligent inquiry and reasonable research, no other current address for the
4 owner of the Property could be located; and
5 WHEREAS, the owner of record of the Property has not accepted the purchase offers
6 submitted by the Agency; and
7 WHEREAS, the Agency has not been able to satisfactorily complete a negotiated
8 purchase with the owner of record of the Property to assemble and acquire the Property for
9 community redevelopment purposes; and
10 WHEREAS, on April 14, 2004, the San Bernardino Superior Court entered a judgment
11 in the validation action filed by the IVDA in case number SCV 112588, confirming that the
12 Cooperation Agreement is legal and binding and that the Agency may exercise eminent domain
13 powers pursuant to the Cooperation Agreement without further action by the IVDA; and
14 WHEREAS, although no formal "Arden-Guthrie Reuse Project" as this term is defined
15 in the Cooperation Agreement, has been identified by the Agency at this time, nevertheless, the
16 Commission may serve as the "lead agency" as defined in CEQA for the purpose of conducting
17 an environmental review in connection with the acquisition of the Property; and
18 WHEREAS, for the proposed CEQA analysis at this time for the proposed project
19 consists of land assembly of isolated parcels of vacant real property in support of the
20 redevelopment of the Arden Guthrie Implementation Area; and
21 WHEREAS, the unimproved Property is subject to real property tax liens for delinquent
22 tax payments, that could result in sale of the Property by the County Tax Collector to a third
23 party to satisfy delinquent property taxes; and
24 WHEREAS, on September 15, 2004, notice of intent to adopt this Resolution was
25 mailed to the owner of record of the Property, Lydia Mayers, at the address of record on file at
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the office of the County Tax Collector and at the last known address for the owner of the
2 Property, and notice was also published in the Sun newspaper on September 20, 2004; and
3 WHEREAS, on October 4, 2004, after not less than fifteen (15) days written notice to
4 the owner of the Property, the Commission conducted a hearing for the purpose of affording the
5 owner of the Property a reasonable opportunity to appear and be heard on the matters referred to
6 in Code of Civil Procedure Section 1240.030 and whether the Agency has met all other
7 prerequisites for the exercise of eminent domain to acquire the Property for community
8 redevelopment purposes; and
9 WHEREAS, the Commission has determined as a result of such hearing on October 4,
10 2004, that the public health, safety and welfare require the Agency to acquire the subject
11 Property for community redevelopment purposes.
12 NOW THEREFORE, BE IT RESOLVED THAT THE COMMISSION FINDS,
13 DETERMINES AND DECLARES AS FOLLOWS:
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Section 1.
The information set forth in the above recitals of this Resolution is true
15 and correct.
16 Section 2. The real property to be acquired under the authority of this Resolution
17 (the "Property") is located in the Arden-Guthrie Implementation Area in the City of San
18 Bernardino, California, and is also known as 2073 N. Newcomb Street, San Bernardino,
19 California 92404 (San Bernardino County Assessor Parcel Number 1191-021-21). The
20 Property is more particularly described in the legal descriptions attached collectively as Exhibit
21 "A." The interest in the Property to be acquired consists of all of the fee simple absolute title
22 interest in the Property, and all of the right, title and interest of each person and owner of the
23 Property including the acquisition of each and every possessory interest and all easements and
24 appurtenances to the Property.
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Section 3. On September 15, 2004, the Agency transmitted a notice of hearing to (i)
2 the known owner of record (Lydia Mayer) at 6141 Geremander Avenue, Rialto, CA 92377-
3 4025 and (ii) to the party who indicated to Agency Staff to have had an interest in the Property
4 and who had intended to acquire or purchase the Property (Rafael Orante) at 3119 Rodeo Place,
5 Ontario, CA 91761, and on September 20, 2004, notice was published in the Sun newspaper,
6 and copies of such notices of hearing are on file with the Agency.
7 Section 4. The Commission acknowledges receipt of the written reports and
8 information relating to the implementation of the Cooperation Agreement in the Arden-Guthrie
9 Implementation Area, including the preliminary discussions of the Agency staff with third
10 parties qualified to undertake the redevelopment of the Arden-Guthrie Implementation Area, or
11 portions of it, and the appraisal of the Property, staff reports, and oral reports and information
12 submitted to the Commission during the course of the hearing conducted on October 4,2004.
13 Section 5. The Commission on behalf of the Agency finds and determines that the
14 hearing conducted by the Commission on this matter on October 4,2004, was full and fair, and
15 that each interested person has been afforded a full and fair opportunity to present evidence and
16 testimony relating to assembly of land for the proposed Project, and the matters described in
17 Code of Civil Procedure Section 1240.030, and the acquisition of the Property, and all interests
18 in it, by the Commission for community redevelopment purposes by the exercise of Eminent
19 Domain and other relevant matters.
20 Section 6. The Commission declares its intent to acquire the Property for communit
21 redevelopment purposes in the name of the Agency in accordance with the laws of the State 0
22 California including the Community Redevelopment Law and Health and Safety Code Section
23 33391 and 33492.40, and pursuant to the Cooperation Agreement. The Commission furthe
24 finds and determines that all of the prerequisites to the exercise of eminent domain by th
25 Agency with respect to such acquisition of the Property for the Project have been met.
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Section 7. The Commission has found and determined that the acquisition of the
2 Property for the Project is an activity which is covered under a categorical exemption of the
3 CEQA Guidelines (Title 14 California Code of Regulations Section 15332) and accordingly, a
4 finding of categorical exemption for the Project and the acquisition of the Property has been
5 filed with the Clerk of the County.
6 Section 8. In accordance with the provisions of Code of Civil Procedure Section
7 1245.230 the Commission finds, determines and declares as follows:
8 (a) The public interest, convenience and necessity require the acquisition of the
9 Property for the Project, as necessary to alleviate conditions of blight in the Arden-Guthrie
10 Implementation Area and to provide for the orderly redevelopment of the Property and other
11 real property included in the Arden-Guthrie Implementation Area. The assembly and
12 redevelopment of the Property is necessary as the Arden-Guthrie Implementation Area displays
13 a number of conditions of blight, including the presence of old structures that show signs of
14 dilapidation and deterioration and small or substandard lot sizes within the Arden-Guthrie
15 Implementation Area, including the subject Property, and a diverse pattern of land ownership
16 which prevent or substantially hinder the economically viable use of such real property in its
17 present condition and City zoning classification. Acquisition and assembly of the Property for
18 community redevelopment purposes, together with other lands already owned by the Agency in
19 the Arden-Guthrie Implementation Area, will foster the elimination of blight and assist with the
20 redevelopment of the Arden-Guthrie Implementation Area, and assist with elimination of blight
21 in other lands in proximity to the Arden-Guthrie Implementation Area.
22 (b) The Project is planned or located in the manner that will be most compatible with
23 the greatest public good and the least private injury in light of the fact that the real property
24 included in the Arden-Guthrie Implementation Area displays a number of symptoms of blight.
25 The Project shall also facilitate the completion of a land assembly program previously initiated
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by the Agency and foster the reuse of a developed urban area that has stagnated in recent years
2 under the burdens of small lot size, diverse ownership, property tax liens, changed zoning, and
3 inadequate public improvements.
4 (c) The Property described in this Resolution is necessary for the Project as its
5 acquisition and reuse for the Project is part of a neighborhood plan to eliminate blight and
6 provide for the redevelopment and improvement of the other lands owned by the Agency within
7 the Arden-Guthrie Implementation Area.
8 (d) The purchase offer required by Government Code Section 7267.2 has been
9 mailed to the owners of record of the Property by the Agency, and the Agency has not been
10 successful in negotiating a purchase of the Property with such owners based upon such offers of
11 the Agency on terms that are acceptable to the owners of the Property. The Agency has asked
12 the Commission to approve its acquisition of the Property for assembly for future
13 redevelopment.
14 Section 9. (a) The law firm of Lewis Brisbois Bisgaard & Smith LLP as special
15 legal counsel to the Agency, is authorized and directed to prepare, institute and prosecute in the
16 name of the Agency such proceedings in the court having jurisdiction, as may be necessary for
17 the acquisition of the Property.
18 (b) The sum payable by the Agency as probable compensation for the acquisition of
19 the Property by eminent domain, as determined by the appraisal, shall accompany the filing of
20 the complaint and shall be deposited as follows: (i) with the State of California in the manner
21 provided by law, or upon the recommendation of Agency special legal counsel to the County
22 Treasury; or (ii) at the election of the person(s) who may claim an interest in the Property to be
23 acquired by such condemnation proceedings, in such other manner as such interested person(s)
24 may request in writing, subject to the approval of the Executive Director and special legal
25 counsel to the Agency.
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Section 10. The Secretary of the Commission is authorized and directed to certify the
2 adoption of this resolution. This Resolution shall take affect upon adoption.
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A RESOLUTION OF THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF SAN BERNARDINO DECLARING
THE PUBLIC INTEREST AND NECESSITY OF ACQUISITION OF
REAL PROPERTY BY THE REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO FOR COMMUNITY REDEVELOPMENT
PURPOSES OVER THE PROPERTY KNOWN AS 2073 N. NEWCOMB
STREET, SAN BERNARDINO, CALIFORNIA (AP# 1191-021-21) IN THE
INLAND V ALLEY REDEVELOPMENT PROJECT AREA
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PASSED, APPROVED AND ADOPTED this ~ day of
October ,2004.
7 I CERTIFY that the foregoing Resolution was duly adopted by the Community
8 Development Commission of the City of San Bernardino at its regular meeting held on
9 October 4 ,2004 by the following vote, to wit:
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Commission Members: Ayes Nays Abstain Absent
ESTRADA X
LONGVILLE X
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MCGINNIS X
DERRY ~
KELLEY ~
JOHNSON ~
MC CAMMACK ~
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The foregoing resolution is hereby approved this
,2004.
October
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Approved a t form and Legal Content:
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By:
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STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
2 CITY OF SAN BERNARDINO )
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I,
Secretary of the Community Development Commission
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of the City of San Bernardino, CERTIFY that the foregoing and attached copy of Community
6 Development Commission of the City of San Bernardino Resolution No.
is a full,
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true and correct copy of that now on file in this office.
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IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of
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the Community Development Commission of the City of San Bernardino this _ day of
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,2004.
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(Seal)
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Attest:
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Secretary of the Community Development
Commission of the City of San Bernardino
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Guarantee Number: 07110226
Exhibit "'A"
All that certain real property situated In the County of San Bernardino, State of Callfomla,
described as folloWS:
Lot 36, Tract No. 6898, In the City of San Bemardlno, County of San Bemardlno, State of
Callfomla, as per map recorded In Book 88, Pages 34 and 35 of Maps, In the Office of the
County Recorder of said County.
EXCEPT reserving unto Grantor, Downey Savings and Loan Association, F. A., all oil, gas,
minerals, and other hydrocarbon substances In and under the above described land.
AsSeSSOr'S Parcel Number: 1191-021-21
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CLTA Guarantee Form No.1
Utlgatlon Guarantee (Rev 12-16-93)
Page 3