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HomeMy WebLinkAboutCDC/2006-11 1 RESOLUTION NO. CDC 2006-11 2 3 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 708 and 720 WEST 4TH STREET, SAN BERNARDINO, CALIFORNIA (APN: 0134-093-45) IN THE CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA 4 5 6 7 8 WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency"), a public entity created pursuant to the Community Redevelopment Law (Health and Safety Code Section 33000, et seq.), is authorized to acquire and redevelop blighted properties located in the City of San Bernardino (the "City"), in accordance with the Community Redevelopment 9 10 11 12 Law; and 13 14 WHEREAS, the Community Development Commission of the City of San Bernardino (the "Commission"), as the governing board of the Agency, has authorized the Agency to assemble and acquire real property for community redevelopment purposes in the Central City North Redevelopment Project Area; and WHEREAS, the Central City North Redevelopment Project Area displays substantial and pervasive symptoms of blight that cannot be remedied by private parties acting alone without community redevelopment assistance; and WHEREAS, the Agency has acquired other real property in the Central City North Redevelopment Project Area; and WHEREAS, on March 14,2005, the Agency mailed a notice to the owner ofrecord of the real property located within the Central City North Redevelopment Project Area ("Project Area") as described below, (the "Property") and informed such persons that the Agency intended to appraise the Property for possible acquisition; and WHEREAS, the Agency retained the services of an appraiser to appraise the Property and the appraiser has reported an opinion of the fair market value of the improved Property 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4812-9277-1072.1 I P:\ApndaI\RcIolutionl\RelOlutiom\2006\04-11-06 Lapham. 708& 720 WCI141h Street CDC Final RelIa.doc CDC 2006-11 1 located at 708 and 720 West 4th Street, San Bernardino, CA 92410 (APN: 0134-093-45) (the 2 "Property"); and 3 WHEREAS, based upon such real property appraisal report, the Conunission authorized the Agency to send a purchase offer to the owner of record, to attempt to purchase the Property at the appraised value in lieu of condemnation, and on May 5, 2005, the Agency mailed a purchase offer to the owner of record of the Property based on the appraised value of the Property described in this Resolution; and WHEREAS, the Agency transmitted the offer to purchase the Property situated within the Central City North Redevelopment Project Area, based on the appraised value on May 5, 2005, to the owner of record of the Property at the address on file with the office of the County Tax Assessor, and the owner of record, Chiyo Lapham, received the offer and negotiated with the Agency since May 5, 2005; and WHEREAS, the owner of record of the Property Camlot presently provide clear marketable title to the Property free of tenants in the condition required in the purchase offer submitted by the Agency; and WHEREAS, the Agency has not been able to satisfactorily complete a negotiated purchase with the owner of record of the Property to acquire the Property for conununity redevelopment purposes; and WHEREAS, the Conunission may serve as the "lead agency" as defined in CEQA for the purpose of conducting an enviromnental review in connection with the acquisition of the Property; and WHEREAS, on November 7, 2005, the Conunission adopted Resolution No.CDC/2005- 39 approving a Redevelopment Study Agreement and Exclusive Right to Negotiate (the "Agreement") by and between the Agency and Watson and Associates Development Company, Inc. (the "Developer"), and adopted the Mitigated Negative Declaration for the Downtown Mixed Use Project Plan (the "Plan") and for the Project to be built (the "Project") described in more detail in the CEQA Initial Study dated October II, 2005; and 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 4812-9277-1072.1 2 P:\Aaendu\Raolldioal\RelOluliouIJOO6\04-I7-06Lapbam- 708" 720 Wcat4lh StRCI CDC Final Reso,~ CDC 2006-11 1 WHEREAS, on or about September 7, 2004, the Agency considered and certified Environmental Impact Report SCH#200303I072 (the "EIR") in accordance with the California Environmental Quality Act ("CEQA") for the Project Area, and the acquisition of Property contemplated within the Plan and for the Project is consistent with the EIR; and 2 3 4 5 .'~I 6 WHEREAS, Part I Crimes within the area of the Plan and Project were reported as 91 incidents of crime for the period January II through April II, 2006; and 436 for 2005 and 426 for 2004; and 7 8 WHEREAS, the Agreement contemplates the Agency acquiring or obtaining control of parcels necessary for the Plan either through purchase negotiations or alternatively, by eminent domain proceeding, if necessary; and WHEREAS, on March 27, 2005, notice of intent to adopt this Resolution was mailed to the owner of record of the Property, Chiyo Lapham, at the address of record on file at the office of the County Tax Collector and at the last known address for the owner of the Property, and notice was also published in the Sun newspaper on March 30, 2006 and April 6, 2006, and a notice was posted on the Property on April 7, 2006; and WHEREAS, on April 17, 2006, after not less than fifteen (15) days written notice to the owner of the Property, the Commission conducted a hearing for the purpose of affording the owner of the Property a reasonable opportunity to appear and be heard on the matters referred to in Code of Civil Procedure Section 1240.030 and whether the Agency has met all other 9 10 11 12 13 14 15 16 17 18 19 20 21 prerequisites for the exercise of eminent domain to acquire the Property for community redevelopment purposes; and WHEREAS, the Commission has determined as a result of such hearing on April 17, 2006, that the public health, safety and welfare require the Agency to acquire the subject Property for community redevelopment purposes and to facilitate the Project. 22 23 24 25 26 NOW THEREFORE, BE IT RESOLVED THAT THE COMMISSION FINDS, DETERMINES AND DECLARES AS FOLLOWS: 27 28 4812-9277-1072.1 3 P:\Apndu\Relolutions\RelolulioDlUOO6\04-I1..Q6 LIpham - 708,& 720 Welt 41th Street coe Final ReIo.OOc CDC 2006-11 1 Section 1. The information set forth in the above recitals of this Resolution is true 2 and correct. 3 Section 2. The real property to be acquired under the authority of this Resolution (the "Property") is located in the Central City North Redevelopment Project Area in the City of San Bernardino, California, and is also known as 708 and 720 West 4th Street, San Bernardino, California 92410 (San Bernardino County Assessor Parcel Number 0134-093-45). The Property is more particularly described in the legal description attached as Exhibit "A." The interest in the Property to be acquired consists of all of the fee simple absolute title interest in the Property, and all of the right, title and interest of each person and owner of the Property including the acquisition of each and every possessory interest and all easements and appurtenances to the Property. Section 3. On March 27, 2006, the Agency transmitted a notice of hearing to each known owner of record (Chiyo Lapham) at 8446 Syracuse Street, Riverside, California 92508, and on March 30, 2005 and April 6, 2006 notice was published in the Sun newspaper, and on April 7, 2005 notice was posted on the Property and mailed to all known tenants, and copies of such notices of hearing are on file with the Agency. Section 4. The Commission acknowledges receipt of the written reports and information relating to the Central City North Redevelopment Project Area (the "Project Area"), including the Staff Report and Agreement between the Agency and Developer concerning the Plan, and the appraisal of the Property, staff reports, and oral reports and information submitted to the Commission during the course of the hearing conducted on April 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 17,2006. 24 Section 5. The Commission on behalf of the Agency finds and determines that the hearing conducted by the Commission on this matter on April 17, 2006, was full and fair, and that each interested person has been afforded a full and fair opportunity to present evidence and testimony relating to assembly of land for the Plan, and the matters described in Code of Civil Procedure Section 1240.030, and the acquisition of the Property, and all interests in it, by the 25 26 27 28 4812-9277-1072.1 4 P:\Apadu\l.elolutioas\llalolul:ioDlI\2006\04-17..06 Lapbant - 708,1; 720 WcIt 4tb sum coe FiaaI Rao.doc CDC 2006-11 1 Commission for community redevelopment purposes by the exercise of Eminent Domain and other relevant matters. 2 3 Section 6. The Commission declares its intent to acquire the Property for the Plan 4 and community redevelopment purposes in the name of the Agency in accordance with the laws of the State of California including the Community Redevelopment Law and Health and Safety Code Sections 33391 and 33492.40. The Commission further finds and determines that all of 5 6 7 the prerequisites to the exercise of eminent domain by the Agency with respect to such acquisition of the Property for the Plan have been met. 8 9 Section 7. The Commission has found and determined that the acquisition of the 10 11 Property for the Plan is an activity, which is covered under a Mitigated Negative Declaration adopted by the Community Development Commission on November 7, 2005 and a Notice of Determination was filed with the Clerk of the County on November 10, 2005. 12 13 Section 8. In accordance with the provisions of Code of Civil Procedure Section 14 1245.230, the Commission finds, determines, and declares as follows: 15 16 (a) The public interest, convenience and necessity require the acquisition of the 17 Property for the Project, as necessary to alleviate conditions of blight in the Project Area, which are documented and described in more detail in the EIR and CEQA Initial Study dated October 11, 2005, and to provide for the orderly redevelopment of the Property and other real property included in the Project Area. The assembly and redevelopment of the Property is necessary as the Project Area displays a number of conditions of blight, including without limitation prevalence of absentee owners, high volume of code compliance cases, crime statistics substantially higher than the City rate, the presence of old structures that show signs of dilapidation and deterioration and small or substandard lot sizes within the Project Area, including the subject Property, and a diverse pattern of land ownership which prevent or substantially hinder the economically viable use of such real property in its present condition. For the period of January 11 through April 11, 2006, the number of Part I Crimes within the area of the Plan and Project were 91. For the period 2005, there were 436 Part I Crimes. For 18 19 20 21 22 23 24 25 26 27 28 4812-9277-1072.1 5 ':~1ut_\Ilno1urioDll\2006'D4-17.06 LapIwn- 708 II. 720 Wca 41hStRec COC final '-'.doc r---- CDC 2006-11 1 the period 2004, there were 426 Part I Crimes. For the period of January II through April 11, 2006, this equates to 312.69 Part I Crimes per 1,000 people. Part I Crimes include murder, 2 3 rape, assault, robbery, burglary, grand theft auto and other theft. Crimes such as drug 4 use/possession/sale, panhandling, prostitution, etc. are not included in the figures. Acquisition and assembly of the Property for community redevelopment purposes for the Plan and the Project, together with other lands already owned by the Agency in the Project Area, will foster the elimination of blight and assist with the redevelopment of the Project Area, and assist with elimination of blight in other lands in proximity to the Project Area. The Plan and the Project include without limitation mixed income and mixed commercial and residential uses. 5 6 7 8 9 10 (b) The Plan and Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury in light of the fact that the real property included in the Project Area displays a number of symptoms of blight. The Plan and Project shall also facilitate the completion of a land assembly program previously initiated by the Agency and foster the reuse of a developed urban area that has stagnated in recent years under the burdens of economic obsolescence, small lot size, diverse ownership, absentee owners, tenant occupancy, high crime and code compliance cases, property tax liens, and inadequate public improvements. 11 12 13 14 15 16 17 18 19 (c) The Property described in this Resolution is necessary for the Plan and Project, 20 as its acquisition and reuse for the Plan and Project is part of a neighborhood plan to eliminate blight and provide for the redevelopment and improvement of the other lands owned by the Agency within the Project Area. 21 22 23 (d) The purchase offer required by Govemment Code Section 7267.2 has been 24 mailed to the owner of record of the Property by the Agency, and the Agency has not been 25 successful in acquiring the Property based upon the conditions contained within the offer. The 26 Commission is hereby requested to approve its acquisition of the Property for assembly for the 27 Plan and Project. 28 4812-9277-1072.1 6 P:\Apnda\llololutioDl\JlclOkrti0nr\2006\04-17-06 Lapham -108" 720 West 4th StnIet CDC FinallI.eIo,doc CDC 2006-11 1 Section 9. (a) The law firm of Lewis Brisbois Bisgaard & Smith LLP as special 2 legal counsel to the Agency ("Special Counsel"), is authorized and directed to prepare, institute and prosecute in the name of the Agency such proceedings in the court having jurisdiction, as may be necessary for the acquisition of the Property. 3 4 5 (b) The sum payable by the Agency as probable compensation for the acquisition of 6 the Property by eminent domain, as determined by the appraisal, may, in the discretion of Agency Special Counsel, accompany the filing of the complaint and may be deposited as follows: (i) with the State of California in the manner provided by law, or upon the recommendation of Agency Special Counsel to the County Treasury; or (ii) at the election of the person(s) who may claim an interest in the Property to be acquired by such condenmation proceedings, in such other manner as such interested person(s) may request in writing, subject to the approval of the Executive Director and Special Legal Counsel to the Agency. (c) Agency Special Counsel is also authorized, subject to the approval of the Executive Director, to engage in settlement negotiations and, if possible, arrange for purchase of the Property in lieu of condemnation at the appraisal price prior to or subsequent to filing a condenmation complaint to commence acquisition of the Property by eminent domain. Section 10. The Secretary of the Commission is authorized and directed to certify the adoption of this resolution. This Resolution shall take affect upon adoption. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 //1 //1 /1/ /1/ /1/ /1/ /1/ /1/ /1/ 21 22 23 24 25 26 27 28 4812-9277-1072.1 7 P:\Aamdu\R.aolutioal\Ruolutiool\2006\04-17-06 Lapbam - 70..120 WCIt <lib StRcc CDC final Jleso.ckK CDC 2006-11 1 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 708 and 720 WEST 4TH STREET, SAN BERNARDINO, CALIFORNIA (APN: 0134-093-45) IN THE CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA 2 3 4 5 6 PASSED, APPROVED AND ADOPTED this 17 thhday of April ,2006. 7 8 I CERTIFY that the foregoing Resolution was duly adopted by the Community 9 Development Commission of the City of San Bernardino at its joint regular meeting 10 held on ADd!. 17 Commission Members: Aves Navs Abstain Absent x ---X- x x - x x - , 2006 by the following vote, to wit: 11 12 ESTRADA BAXTER MCGINNIS DERRY KELLEY JOHNSON MC CAMMACK ---X- 13 14 15 16 17 18 19 '-.~~ 20 21 The foregoing resolution is hereby approved this ~d \~ day of April ,2006. 22 23 24 ~~~ a'ck fMorris~on Community Development Commission of the City of San Bernardino 25 26 Approved as to form and Legal Content: 27 A!2~IL~ 28 By: 4812-9277-1072.1 8 P:\Apndu\ReIohdioas\RnoNttoAl\2006\04-17-06 Lapham - 701" no WCIl4th Street COC Final ReIo.doc Exhibit "A" DESCRIPTION PARCEL A: THAT PORTION OF LOT 1, BLOCK 26, ACCORDING TO THE MAP OF THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 7 OF MAPS, PAGE 1, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING ON THE WEST LINE OF "G" STREET 99 FEET 9 1/3 INCHES NORTH OF THE SOUTHEAST CORNER OF SAID LOT 1; THENCE NORTH ALONG "G" STREET, 49 FEET 10 2/3 INCHES, MORE OR LESl?, TO THE NORTHEAST CORNER OF SAI]) LOT 1; THENCE WEST ALONG THE NORTH LINE OF SAID LOT 1, A DISTANCE OF 150 FEET; THENCE SOUTH 49 FEET 10 2/3 INCHES, MORE OR LESS, TO A POINT 99 FEET 9 1/3 INCHES NORTH OF THE SOUTH LINE OF SAID LOT 1; THENCE EAST 150 FEET TO THE POINT OF BEGINNING. PARCEL B: ALL THAT PORTION OF LOT 1, BLOCK 26, ACCORDING TO THE MAP OF THE CITY OF SAN BERNARDINO, AS PER PLAT RECORDED IN BOOK 7 OF MAPS, PAGE 1, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 1; THENCE NORTH 99 FEET 9 1/3 INCHES; THENCE WEST 150 FEET 4 INCHES; THENCE SOUTH 99 FEET 9 1/3 INCHES TO THE SOUTH LINE OF SAID LOT 1; THENCE EAST 150 FEET 4 INCHES TO THE POINT OF BEGINNING.