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HomeMy WebLinkAboutCDC/2004-43 2 RESOLUTION NO. CDC/2004-43 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 ARDEN GUTHRIE IMPLEMENTATION AREA (IVDA REDEVELOPMENT PROJECT AREA) 3 4 5 6 7 8 WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency"), 9 public entity created pursuant to the Community Redevelopment Law (Health and Safety Code S 10 33000 et seq.), is authorized to acquire and redevelop blighted properties located in the City 0 11 San Bernardino (the "City"), in accordance with the Community Redevelopment Law; and 12 WHEREAS, the Community Development Commission of the City of San Bernardin 13 (the "Commission"), as the governing board of the Agency, authorized the Agency to assemble 14 and acquire real property for community redevelopment purposes 15 neighborhood (the "Arden-Guthrie Implementation Area"); and 16 WHEREAS, the Arden-Guthrie Implementation Area displays substantial and pervasiv 17 symptoms of blight that cannot be remedied by private parties acting alone without communit 18 redevelopment assistance; and 19 WHEREAS, the Inland Valley Development Agency (the "IVDA") may acquire rea 20 property located with the redevelopment project area of the Inland Valley Redevelopmen 21 Project Area (the "Project Area") by condemnation if necessary as part of the redevelopmen 22 plan for civilian reuse and redevelopment of the former Norton Air Force Base and certain land 23 in close proximity to the former Norton Air Force Base; and 24 WHEREAS, the Arden-Guthrie Implementation Area is located within the IVDA Projec 25 Area; and 4837-4503-2192.1 -1- P:\Alendas\Resolutionl\RrlOlutlons\1004\04-11-15 PI & Nee. 2073 N. Newcomb Sf. CDC Reso.doc CDC/2004-43 WHEREAS, the Agency and IVDA entered into a Redevelopment Cooperatio 2 Agreement, dated as of October 8, 2003 (the "Cooperation Agreement"), which authorizes th 3 Agency to act on behalf of the IVDA, as set forth in the IVDA Redevelopment Plan, with respec 4 to acquisition and redevelopment of properties situated in the Arden-Guthrie Implementatio 5 Area; and 6 WHEREAS, prior to the date of the Cooperation Agreement, the Agency acquired othe 7 real property in the Arden Guthrie Implementation Area; and 8 WHEREAS, Section 3 of the Cooperation Agreement authorizes the Agency, either in it 9 name or on behalf of the IVDA, to exercise all powers of eminent domain of the IVDA, i 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 an appraiser to appraise unimproved property located a 13 2073 N. Newcomb Street, San Bernardino, CA 92404, APN 1191-021-21 (the "Property"), an 14 the appraiser reported an opinion of the fair market value and just compensation for the Property. 15 and 16 WHEREAS, based upon such real property appraisal report, the Commission authorize undelivered and, after diligent inquiry and reasonable research, no other current address fo 17 the Agency to send a purchase offer to the owner of record, Lydia Mayers, to attempt to purchas 18 the Property from her at the appraised value of $22,200 in lieu of condemnation, and on May 11 19 2004 and June 11, 2004 the Agency mailed purchase offers to the owner of record of th 20 Property based on the appraised value of the Property described in this Resolution; and 21 WHEREAS, the purchase offer mailed to Lydia Mayers, the owner of record of th 22 Property on May 11, 2004, at the address on file with the office of the County Tax Assessor, wa 23 returned by the Post Office undelivered, after diligent inquiry and reasonable research anothe 24 possible address for the owner of the Property was located and the June 11,2004 purchase offe 25 was mailed to her at that additional address but the offer was returned by the Post Offic 4837-4503-2192.1 -2- P:\Alend..\R.nolution.\Resolutlons\2004\04-11-15 PI & Nee:. 2073 N. Newc:omb St. CDC Rem.doc CDC/2004-43 Lydia Mayers could be located; and 2 WHEREAS, the Property, at the time the purchase offers were mailed to Lydia Mayers 3 was subject to real property tax liens for delinquent tax payments; and 4 WHEREAS, an updated title report and Litigation Guarantee dated August 11, 200 8 WHEREAS, on or about August 12, 2004 Raphael Orantes telephoned the Agency an 5 confirmed that Lydia Mayers was still owner of record of the Property as of that date, an 6 supplemental information provided by the title company on or about August 18, 2004 indicate 7 she was still owner of record; and 9 advised that he had been in the process of buying the Property from Lydia Mayers since lun 10 2004 and was aware of the Agency's interest in the Property; and 11 WHEREAS, on August 16, 2004 records of the County Recorder were searched, whic 12 revealed that as of August 12,2004 Lydia Mayers was still owner of record of the Property; and 13 WHEREAS, between August 12, 2004 and August 31, 2004 Raphael Orantes wa 14 informed about the Agency's prior purchase offers to Lydia Mayers, the Agency's interest i 15 obtaining the Property by consensual sales transaction or condemnation; and 16 contemplated development by Raphael Orantes is not allowed by current zoning; and 17 WHEREAS, on August 31, 2004 Rafael Orantes advised by telephone that he had not ye 18 acquired an ownership interest in the Property and would not disclose the current address 0 19 telephone number of Lydia Mayers; and 20 WHEREAS, on September 15, 2004 notice of intent to adopt a resolution of necessity fo 21 condemnation of the Property, at a hearing scheduled on October 4, 2004, was mailed to Lydi 22 Mayers and to Raphael Orantes at their only known addresses, and notice was also published i 23 the Sun newspaper on September 20, 2004; and 24 WHEREAS, on October 4, 2004 the Commission approved a resolution of necessity for 25 condemnation of the Property; and 4837-4503-2192.1 -3- P:\Azend..\Rnolutlons\RnolutionIU004\04-11.15 PI &: N".1073 N. Newcomb St. CDC Iltso.doc CDC/2004-43 2 WHEREAS, after October 4, 2004, a copy of a tax deed recorded on September 17, 200 was obtained, showing that Rafael S. Orantes, Hector M. Moreno and Roberto Rom 3 (collectively the "New Owners") purchased the Property at a tax sale from the County Ta Collector on or about August 6, 2004 for the sum of$22,500; and 4 5 WHEREAS, on or about October 7, 2004, the Agency sent an increased offer to purchas the Property, equal to the amount paid by the New Owners to acquire the Property on or abou August 6, 2004, and the Agency mailed a purchase offer to the New Owners at their only know address; and 6 7 8 9 WHEREAS, on or about October 16,2004, the New Owners mailed a written rejection 0 the Agency's $22,500 purchase offer, signed by Rafael Orantes, Hector M. Moreno and Roberto 10 11 Romo; and 12 WHEREAS, the Agency transmitted offers to purchase the Property situated within th 13 Project Area, based on the appraised value, to all owners of record of the Property; and 14 WHEREAS, the owners of record of the Property did not accept the purchase offer IS submitted by the Agency; and 16 WHEREAS, the Agency has not been able to satisfactorily complete a negotiate 17 purchase with the owners of record of the Property to assemble and acquire the Property fo 18 community redevelopment purposes; and 19 WHEREAS, on April 14, 2004, the San Bernardino Superior Court entered ajudgment i the validation action filed by the IVDA in case number SCV 112588, confirming that th 20 21 Cooperation Agreement is legal and binding and that the Agency may exercise eminent domai 22 powers pursuant to the Cooperation Agreement without further action by the IVDA; and 23 WHEREAS, although no formal "Arden-Guthrie Reuse Project" as this term is defined i 24 the Cooperation Agreement, has been identified by the Agency at this time, nevertheless, th 25 Commission may serve as the "lead agency" as defined in CEQA for the purpose of conductin an environmental review in connection with the acquisition of the Property; and 4837 -4503-2192.\ -4- r:\Acend.,\Rnolutioas\Resolutlons\Z004\04-11-15 PI & Nu.l073 N. Newcomb St. CDC RelO.doc CDC/2004-43 WHEREAS, for the proposed CEQA analysis at this time for the proposed projec 2 consists of land assembly of isolated parcels of vacant real property in support of th 3 redevelopment of the Arden Guthrie Implementation Area; and 4 WHEREAS, on October 21,2004 notice of intent to adopt this Resolution was mailed t 5 the New Owners of record of the Property, Rafael S. Orantes, Hector M. Moreno and Robert 6 Romo, at their only known address where they previously received correspondence; and 7 WHEREAS, on November 15, 2004, after not less than fifteen (15) days written notice t 8 the New Owners of the Property, the Commission conducted a hearing for the purpose 0 9 affording the New Owners of the Property a reasonable opportunity to appear and be heard 0 10 the matters referred to in Code of Civil Procedure ~ 1240.030 and whether the Agency met al 11 other prerequisites for exercise of eminent domain to acquire the Property for communit 12 redevelopment purposes; and 13 WHEREAS, the Commission has determined as a result of such hearing on Novembe 14 15, 2004, that the public health, safety and welfare require the Agency to acquire the subjec 15 Property for community redevelopment purposes. 16 NOW THEREFORE, BE IT RESOLVED THAT THE COMMISSION FINDS 17 DETERMINES AND DECLARES AS FOLLOWS: 18 Section 1. The information set forth in the above recitals of this Resolution is tru Section 2. The real property to be acquired under the authority of this Resolution (th 19 and correct. 20 21 "Property") is located in the Arden-Guthrie Implementation Area in the City of San Bernardino 22 California, and is also known as 2073 N. Newcomb Street, San Bernardino, California 9240 23 (San Bernardino County Assessor Parcel Numbers 1191-021-21). The Property is mor 24 particularly described in the legal descriptions attached collectively as Exhibit "A." The interes 25 in the Property to be acquired consists of all of the fee simple absolute title interest in th Property, and all of the right, title and interest of each person and owner of the Propert 4837-4503-2192.1 -5- r:\Acendal\RtlOlutions\RtlOlutions\2004\04-11-15 PI" Nec.l07J N. Newcomb St. CDC Reso.doc CDC/2004-43 including the acquisition of each and every possessory interest and all easements an 19 Section 6. The Commission declares its intent to acquire the Property for communit 2 appurtenances to the Property. Section 3. On October 21, 2004, the Agency transmitted a notice of hearing to eac 3 4 known owner of record (Rafael S. Orantes, Hector M. Moreno and Roberto Romo) at 311 5 Rodeo Place, Ontario, CA 92401-1507. 6 Section 4. The Commission acknowledges receipt of the written reports an 7 information relating to the implementation of the Cooperation Agreement in the Arden-Guthri 8 Implementation Area, including the preliminary discussions of the Agency staff with thir 9 parties qualified to undertake the redevelopment of the Arden-Guthrie Implementation Area, 0 10 portions of it, and the appraisal of the Property, staff reports, and oral reports and informatio 11 submitted to the Commission during the course of the hearing conducted on November 15, 2004. Section 5. The Commission on behalf of the Agency finds and determines that th 12 13 hearing conducted by the Commission on this matter on November 15, 2004, was full and fair 14 and that each interested person has been accorded a full and fair opportunity to present evidenc 15 and testimony relating to assembly of land for the proposed Project Development, and th 16 matters described in Code of Civil Procedure S 1240.030, and the acquisition of the Property 17 and all interests in it, by the Agency for community redevelopment purposes by the exercise 0 18 Eminent Domain and other relevant matters. 20 redevelopment purposes in the name of the Agency in accordance with the laws of the State 0 21 California including the Community Redevelopment Law and Health and Safety Code SS 33391 22 and 33492.40, and pursuant to the Cooperation Agreement (the "Project"). The Commissio Section 7. The Commission has found and determined that the acquisition of th 23 further finds and determines that all of the prerequisites to the exercise of eminent domain by th 24 Agency with respect to such acquisition of the Property for the Project have been met. 25 Property for the Project is an activity which is covered under a categorical exemption of th 4837-4503-2192.1 -6- r:\Ar;end.,\ReselutiOD.~solutions\2004\04-11-15 PI & NK.I073 N. Newcomb S1. CDC Rrso.doc CDC/2004-43 CEQA Guidelines (Title 14 California Code of Regulations Section 15332) and accordingly, 3 with the Clerk of the County. 2 finding of categorical exemption for the Project and the acquisition of the Property has been file 4 In accordance with the provisions of Code of Civil Procedure ~ 1245.23 Section 8. 5 the Commission finds, determines and declares as follows: 6 The public interest, convenience and necessity require the acquisition (a) 7 Property for the Project, as necessary to alleviate conditions of blight in the Arden-Guthri Implementation Area and to provide for the orderly redevelopment of the Property and other rea property included in the Arden-Guthrie Implementation Area. The assembly and redevelopmen of the Property is necessary as the Arden-Guthrie Implementation Area displays a number 0 conditions of blight, including the presence of old structures that show signs of dilapidation an deterioration and small or substandard lot sizes within the Arden-Guthrie Implementation Area including the subject Property, and a diverse pattern of land ownership which prevent 0 substantially hinder the economically viable use of such real property in its present condition an City zoning classification. Acquisition and assembly of the Property for communit redevelopment purposes, together with other lands already owned by the Agency in the Arden Guthrie Implementation Area, will foster the elimination of blight and assist with th redevelopment of the Arden-Guthrie Implementation Area, and assist with elimination of bligh in other lands in proximity to the Arden-Guthrie Implementation Area. 8 9 10 11 12 13 14 15 16 17 18 19 (b) The Project is planned or located in the manner that will be most compatible wit 20 the greatest public good and the least private injury in light of the fact that the real propert 21 included in the Arden-Guthrie Implementation Area displays a number of symptoms of blight. 22 The Project shall also facilitate the completion of a land assembly program previously initiate 23 by the Agency and foster the reuse of a developed urban area that has stagnated in recent year 24 under the burdens of small lot size, diverse ownership, property tax liens, changed zoning, an 25 inadequate public improvements. 4837-4503-2192.1 -7- P:\Acendas\Resolutionl\Resolutions\2004\04--11-1S PI & Nee. 2073 N. Newcomb St. CDC Reso.doc CDC/2004-43 (c) The Property described in this Resolution is necessary for Project as it 5 (d) The purchase offers required by Government Code ~ 7267.2 was mailed to th 2 acquisition and reuse for the Project is part of a neighborhood plan to eliminate blight an 3 provide for the redevelopment and improvement of the other lands owned by the Agency withi 4 the Arden-Guthrie Implementation Area. 6 owners of record of the Property by the Agency, and the Agency was not successful i 7 negotiating a purchase of the Property with such owners based upon such offers of the Agenc 8 on terms that are acceptable to the owners of the Property. The Agency asked the Commissio 9 to approve its acquisition of the Property for assembly for future redevelopment. Section 9. (a) The law firm of Lewis Brisbois Bisgaard & Smith LLP as specia 10 11 legal counsel to the Agency, is authorized and directed to prepare, institute and prosecute in th 14 (b) The sum payable by the Agency as probable compensation for acquisition of th 12 name of the Agency such proceedings in the court having jurisdiction, as may be necessary fo 13 the acquisition of the Property. 15 Property by eminent domain, as determined by the appraisal, may accompany the filing of th 16 complaint and be deposited as follows: (i) with the State of Cali fomi a in the manner provided b 17 law, or upon the recommendation of Agency special legal counsel to the County Treasury; or (ii 18 at the election of the person(s) who may claim an interest in the Property to be acquired by suc 19 condemnation proceedings, in such other manner as such interested person(s) may request i 20 writing, subject to approval of the Executive Director and Special Legal Counsel to the Agency. 21 Section 10. The Secretary of the Commission is authorized and directed to certify th 22 adoption of this resolution. This Resolution shall take affect upon adoption. 23 I I I 24 I I I 25 I I I /II 4837-4503-2192.1 -8- r:\ACtDd..\RelOlutions\ResolutionsU004\04-11-13 PI & Nee. 2073 N. Newcomb St. CDC Relo.doc CDC/2004-43 5 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 ARDEN GUTHRIE IMPLEMENTATION AREA (IVDA REDEVELOPMENT PROJECT AREA) 2 3 4 6 8 PASSED, APPROVED AND ADOPTED this 15th day of November, 2004. I CERTIFY that the foregoing Resolution was duly adopted by the Communit Development Commission of the City of San Bernardino at its regular meeting held 0 November 15, 2004 by the following vote, to wit: Commission Members: A yes Nays Abstain Absent 7 9 10 11 ESTRADA X 12 LONGVILLE X - MCGINNIS X 13 DERRY -1L- 14 KELLEY X - 15 JOHNSON ~ 16 MC CAMMACK X - 17 18 19 20 The foregoing resolution is hereby approved this day 9fNovember, 2004. / 21 22 23 Approved as t Form and Legal Content: 25 By: 24 4837-4503-2192.1 -9- r:\A&end..\Rnolutions\ResolutloDs\2004\04-11-1S PI & Nee. 2073 N. Newcomb St. CDC Reso.do~ STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss 2 CITY OF SAN BERNARDINO ) 3 4 I, Secretary of the Community Development Commission of th 5 City of San Bernardino, CERTIFY that the foregoing and attached copy of Communit 6 Development Commission of the City of San Bernardino Resolution No. is a full 7 true and correct copy of that now on file in this office. 8 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal 0 9 the Community Development Commission of the City of San Bernardino this _ day 0 10 ,2004. 11 12 13 (Seal) 14 Attest: 15 16 17 Secretary of the Community Development Commission of the City of San Bernardino 18 19 20 21 22 23 24 25 4837-4503-2192.1 -10- P:\Alend..\RelOlutioDI\RellOlutioftl\Z004\04-11-15 PI & Nee:. 2073 N. Newcomb St. cue RelO.doc