The URL can be used to link to this page

Home My WebLink AboutR4-RDA Item Law Office of 'Cynthia Ludvigsen .-,,--. J"'f!/' -.~-.. .",~;;" -:", - . . ~.r' ; 444 N. Arrowheaci Avenue, Suite 206 San Bernardino, CA 92401 (714) 885-6820 Cynthia Ludvigsen Zo Thylor-Rees i i ,. ~.~OUTiNG pI AS ?- JII -3 Ul:" 'h E.. January 5, 1990 GC Redevelopment Agency City of San Bernardino 300 North "D" Street San Bernardino, CA 92401 C" ....-.~, ~- ~a{i or::G. &b ROUTE COpy: /' via Hand Delivery Re: Parcel No. 5 of Parcel map No. 4781 Ladies & Gentlemen: This office has been retained to represent Carolyn Wade in the Redevelopment Agency's prospective eminent domain proceedings against the above property. . My client objects to the adoption of a Resolution of Necessity for the proposed project and taking of her property. The Agency has failed to comply with the necessary prerequisites for adoption of such a resolution. First, my client did net receive appropriate notice of the hearing on the Resolution which I understand is scheduled for January 8, 1990, at II a.m. My client's attorney, H. M. peccorini received a letter from Mr. Temple dated December 6, 1990, which stated that the hearing was to be held on January 3, 1990. That letter also referenced the enclosure of a copy of the notice on the hearing. The enclosure was merely a form with several blanks, chiefly the date and signature. That notice also referenced a hearing date of January 8, 1990. However, there was no indication that that notice ever was signed or issued. (Copies of Mr. Temple's letter and the Notice which was enclosed are attached to this letter.) In addition, the agenda for the January 3, 1990, Redevelopment Agency meeting gave no indication that this matter was set for hearing on that date. f-y Redevelopment Agency City of San Bernardino January 5, 1990 Page Two The so-called offer of just compensation conveyed by the December 6, 1989, letter fails to meet the requirements of Government Code Section 7267.2. We believe this fails to provide the information necessary for my client to evaluate the appropriateness of the offer and fulfill the intent and purpose of Section 7267.2. In addition, the Agency has failed to offer my client an opportunity for owner participation in the redevelopment project as required by Health and Safety Code Sections 33000 et seq. Further, the Agency has failed to make the necessary effort or attempt to negotiate with my client for the acquisition of the property as required by Government Code Section 7267.1. The offer conveyed to my client is inadequate as it fails .to identify what it believes her interest in the property to be and to convey to her an offer for her particular interest in the property. It was the Agency's attorney who advised me that there are other parties claiming interests in the property; Ms. Wade does appear as record title holder of the property. However, the offer and summary of appraisal fail to set out the values for her particular interest or for the interests claimed by others. My client has no means by which to accept the Agency's offers (or by which to evaluate those offers) without knowledge of what the Agency believes is the value of her interest. We also question the public need and necessity for the project. My client believes that she would be able to develop her property without the intervention of the Agency and that the parking lot which is proposed for the property is not a valid public use as it is intended only for the use and benefit of one private entity. We have no information as to whether the Agency has complied with the California Environmental Quality Act for the proposed parking lot or for this proposed Resolution of Necessity. We believe the Agency cannot proceed with the adoption of this Resolution until it has complied with CEQA. We ask that this letter be made part of the record of the hearing apparently scheduled for January 8, 1990, and will be present at the hearing to make a presentation and answer questions which the Agency mi.ght have. Redevelopment Agency City of San Bernardino January 5, 1990 Page Three Thank you for your courtesy and attention. Very truly yours, Law Office of CYNTHIA LUDVIGSEN (j-W\-t~~OSU~S( , ci~thla Ludvigsen ~~ CL:bjm Enclosures cc: Carolyn Wade H. M. Peccorini E. Michael Kaiser Redevelopment Agency · City of San Bernardino 300 North "0" Street, FoW1h Floor . Sill Bernardino, California 92418 (714) 384-SOB1 FAX (714) 888-9413 "' Pride ./ In progress ~~ -- CERTIFIED MAIL/RETURN RECEIPT REQUESTED December 6, 1989 RECEIVe:O DEe 081969 f!CCoRJN{ Mr. H. M. Peccorini Suite 403, First American building 323 Hest Court Street San Bernardino, California 92401 '.Re: Offer of Just Compensation/Acquisition of Property Redevelopment Agency, City of San Bernardino Dear Mr. Peccorini: In accordance with the direction of the Community Development Commission of the City of San Bernardino, we are in the process of acquiring fee interests in certain parcels of real property within the Southeast Industrial Park Project Area in order to construct a parking lot and related facilities. It is necessary to acquire the fee interest in a parcel of real property owned by your clients since it is located within the redevelopment project area. The inclusion of this property within the redevelopment project has been determined to be necessary for the effective redevelopment of the area. In order to carry out this redevelopment project, we must acquire the property owned by your clients which is described in Exhibit 1. Also attached is a plat map depicting the location of the necessary property. He are authorized to offer as just compensation the amount of $275,000.00 for all claims of any kind for the fee interest to be acquired in your clients property. This amount is based upon an approved appraisal and is not less than the appraiser's opinion of fair market value of current date, which he determined after a personal inspection of your clients property, and is made to you in an effort to acquire the property without controversy. Enclosed for your review is a summary appraisal. Redevelopment Agency Mr. H. M. Peccorinl December 6, 1989 Page Two We will pay all escrow costs including the usual seller's costs so the acquisition will be without expense to your clients. Taxes will prorated to the close of escrow. If our offer is acceptable to you, please sign the acceptance on the enclosed copy of Exhibit 1 and return it to us. On receipt of your acceptance and approval of the Community Development Commission, we will open escrow. If this offer is not acceptable to you, please find enclosed a Notice of Hearing which Is to be held by the Redevelopment Agency of the City of San Bernardino on January 3, 1990, at which time the Community Development Commission will consider adopting a resolution of necessity to acquire certain real property pursuant to the powers of eminent domain. If you have any questions or desire additional information, please call Mrs. '~ancy Davison at (714) 384-5081. Sincerely, ~X~ Acting Executive Director RT: sm:2522H Enclosures 1. Legal Description 2. Plat Map 3. Summary Appraisal 4. Notice of Hearing NOTICE OF HEARING NOTICE IS HEREBY GIVEN that the Community Development'Commlsslon of the City . of San Bernardino will hold a hearing on January 8, 1990 at 11:00 a.m., 'or as ~ soon thereafter as possible at the San Bernardino City Hall, located at 300 ?/ North D Street, (Council Chambers), San Bernardino, California. The purpose of this hearing 1s to consider the adopt10n of a resolution of necessity to acquire, by the exerc1se of the power of em1nent domain, fee 1nterest 1n a certaIn parcel of real property for general commun1ty redevelopment purposes and the elimination of blight, deterioration and funct10nal obsolescense 1n the Southeast Industr1al Park Project Area and specifically for the rev1tallzatlon of a certain parcel of property within the Southeast Industr1al Park PrOject Area by the construct10n of a parking lot and related facilities. A legal description of the property sought to be acquired for this purpose Is attached heret~and Incorporated hereIn by this reference on Exhibit A. ,You have the right to appear before the Board of Directors of the Agency ~ersonally and to be heard on the matters which are referred to In SectIon 1240.030 of the Code of Civil Procedure: 1. The public Interest and necessity require the project; 2. The project Is planned or located In a manner that will be most compatible with the greatest public good and the least pr1vate 1njury; and .3. The property sought to be acquIred 1s necessary for the project. IN ORDER FOR YOU TO EXERCISE YOUR RIGHT OF APPEARANCE AND YOUR RIGHT TO BE HEARD, YOU MUST FILE A WRITTEN REQUEST TO APPEAR AND BE HEARD WITH THE EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO <300 N. "0" STREET, SAN BERNARDINO, CA 92418), WITHIN FIFTEEN (15) DAYS AFTER THIS NOTICE IS MAILED TO YOU. FAILURE TO PRESENT YOUR REQUEST TO APPEAR AND BE HEARD WILL RESULT IN A NAIVER OF YOUR RIGHT TO APPEAR AND YOUR RIGHT TO BE HEARD. DATED: , 1989 By , Secretary Community Development CommissIon of the City of San Bernardino 2522H