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HomeMy WebLinkAboutCDC/2006-15 1 RESOLUTION NO. CDC/2006-15 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 LOCATED AT 796 WEST 5TH STREET, SAN BERNARDINO, CALIFORNIA (APN: 0134-054-25) 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 ("Project Area"); and WHEREAS, the Project Area displays substantial and pervasive symptoms of blight that carmot be remedied by private parties acting alone without community redevelopment assistance; and 15 16 17 18 19 20 21 WHEREAS, the Agency has acquired other real property in the Project Area; and WHEREAS, on March 14,2005, the Agency mailed a notice to the owner of record of the real property located within the Project Area as described below 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 located at 796 West 5th Street, San Bernardino, CA 92410 (APN: 0134-054-25) (the 22 23 24 25 26 27 28 "Property"); and 4830-5504-1536.1 I P:\Agendas\Resolutions\Resolutions\2006\06-05-05 Bland - eeN 796 West 5th St CDC Reso.doc . .' CDC/2006-15 1 WHEREAS, the Property is improved with a gas service station that has been vacant for at least eight (8) years and is dilapidated, in disrepair and is another example of blight within the Project Area that is an impediment to the economic rebirth of the Project Area; and WHEREAS, based upon such real property appraisal report, the Commission 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 19, 2005 and January 31, 2006, 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 2 3 4 5 6 7 8 9 10 WHEREAS, the Agency transmitted the offer to purchase the Property situated within the Project Area, based on the appraised value on May 19,2005 and January 31, 2006, to the owner of record of the Property at the address on file with the office of the County Tax Assessor, as shown on the last equalized county assessment roll and the owner of record, 11 12 13 14 William R. Bland, received the offers but did not respond to the Agency's offers; and WHEREAS, the Agency obtained an updated appraisal of the Property and transmitted another offer and summary of valuation in conformity with Govemment Code S 7267.2(b) to the owner of record on May 4, 2006 at the address on file with the office of the County Tax Assessor as shown on the last equalized county assessment roll, and the owner of record, William R. Bland, received the updated offer but did not respond to the updated Agency offer; and 15 16 17 18 19 20 21 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 community redevelopment purposes; and WHEREAS, the Commission may serve as the "lead agency" as defined in the California Environmental Quality Act ("CEQA") for the purpose of conducting an environmental review in connection with the acquisition of the Property; and 22 23 24 25 26 27 WHEREAS, on November 7, 2005, the Commission adopted Resolution No.CDC/2005- 39 approving a Redevelopment Study Agreement and Exclusive Right to Negotiate (the 28 4830-5504-1536.1 2 P:\Agendas\Resolu6ons\Resolutions\2006\06-0S-05 Bland. ceN 796 West 5th 81 COC Reso.doc CDC/2006-1S 1 "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 (the "Project") described in more detail in the CEQA Initial Study dated October 11,2005; and WHEREAS, on or about September 7, 2004, the Agency considered and certified Environmental Impact Report SCH#20030310n (the "EIR") in accordance with the CEQA for the Project Area, and the acquisition of Property contemplated within the Plan and for the Project is consistent with the EIR; and WHEREAS, Part I Crimes within the area of the Plan and Project were reported as 91 incidents of crime for the period January I I through April I I, 2006; and 436 for 2005 and 426 for 2004; and 2 3 4 5 6 7 8 9 10 11 12 13 WHEREAS, the Agreement contemplates the Agency acquiring or obtaining control of parcels necessary for the Plan either through purchase negotiations or alternatively, by eminent 14 15 domain proceeding, if necessary; and 16 WHEREAS, on May I I, 2006, notice of intent to adopt this Resolution was mailed to the owner of record of the Property, William R. Bland, 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 May 15, 2006; and WHEREAS, on June 5, 2006, after not less than fifteen (15) days written notice to the 17 18 19 20 21 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 prerequisites for the exercise of eminent domain to acquire the Property for the Plan and community redevelopment purposes; and WHEREAS, the Commission has determined as a result of such hearing on June 5, 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 27 28 4B30-5504-1536.1 3 P:\Agendas\Resolutions\Resolutions\2006\06-0S-0S Bland - eeN 796 West Sth 81 CDC Reso.doc . ' CDC/2006-1S 1 NOW THEREFORE, BE IT RESOLVED THAT THE COMMISSION FINDS, DETERMINES AND DECLARES AS FOLLOWS: 2 3 Section 1. The information set forth in the above recitals of this Resolution is true 4 and correct. 5 Section 2. The real property to be acquired under the authority of this Resolution is located in the Project Area in the City of San Bernardino, California, and is also known as 796 West 5th Street, San Bernardino, California 92410 (San Bernardino County Assessor Parcel Number 0134-054-25). 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 May 11, 2006, the Agency transmitted a notice of hearing to the known owner of record (William R. Bland) at 2947 North Mountain View Avenue, San Bernardino, California 92405, and on May 15, 2006, a notice was published in the Sun newspaper, and a copy of such notice of hearing is on file with the Agency. 6 7 8 9 10 11 12 13 14 15 16 17 18 Section 4. The Commission acknowledges receipt of the written reports and 19 information relating to 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 June 5, 2006. Section 5. The Commission on behalf of the Agency finds and determines that the hearing conducted by the Commission on this matter on June 5, 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 20 21 22 23 24 25 26 27 28 4830-5504-1536.1 4 P:\Agendas\Resolutions\Resolulions\2006\06-0S-0S Bland - eeN 796 West 5th St CDC Reso.doc CDC/2006-15 1 Commission for community redevelopment purposes by the exercise of eminent domain and 2 other relevant matters. 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 The Commission has found and determined that the acquisition of the Section 7. 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 2004 EIR and CEQA Initial Study dated October II, 2005, which Initial Study and Mitigated Negative Declaration was approved on November 7, 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 18 19 20 21 22 23 limitation prevalence of absentee owners, high volume of code compliance cases, crime 24 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 II through April 11, 2006, the number of Part I Crimes within the 25 26 27 28 4830-5504-1536.1 5 P:\A.gendas\Resolutions\Resolutions\2006\06-0S-QS Bland. CCN 796 West Sth St COC Reso.doc CDC/2006-15 1 area of the Plan and Project were 91. For the period 2005, there were 436 Part I Crimes. For the period 2004, there were 426 Part I Crimes. For the period of January I I through April 11, 2006, this equates to 312.69 Part I Crimes per 1,000 people. Part I Crimes include murder, rape, assault, robbery, burglary, grand theft auto and other theft. Crimes such as drug use/possession/sale, panhandling, prostitution, etc., are not included in the figures. Acquisition and assembly of the Property for community redevelopment purposes, 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 2 3 4 5 6 7 8 9 10 include without limitation mixed income and mixed commercial and residential uses. 11 12 (b) The Plan and the Project are 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 13 14 15 16 17 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 18 19 inadequate public improvements. 20 (c) The Property described in this Resolution is necessary for the Plan and the 21 Project, as its acquisition and reuse for the Plan and the 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. 22 23 24 (d) The purchase offer required by Government Code Section 7267.2 has been 25 mailed to the owner of record of the Property by the Agency, and the Agency has not been 26 successful in acquiring the Property based upon the conditions contained within the offer. The 27 Commission deems it appropriate and necessary to approve the Agency acquisition of the 28 Property for assembly for the Plan and the Project. 4830-5504-1536.1 6 P:\Agendas\Resolurions\Resolutions\2006\06-0S-OS Bland - eeN 796 West Sth SI CDC Reso.doc . . CDC/2006-15 1 (a) The law firm of Lewis Brisbois Bisgaard & Smith LLP as legal Section 9. 2 counsel to the Agency ("Legal 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 Legal 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 Legal 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 condemnation proceedings, in such other manner as such interested person(s) may request in writing, subject to the approval of the Executive Director and Legal Counsel to the Agency. 7 8 9 10 11 12 13 (c) Agency Legal Counsel is also authorized, subject to the approval of the 14 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 condemnation 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. 15 16 17 18 19 20 III III III III III III III III III III 21 22 23 24 25 26 27 28 4830-5504-1536.1 7 P:\Agendas\Resolutions\Resolulions\2006\06-0S-OS Bland - ceN 796 West 5th St CDC Reso.doc 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 LOCATED AT 796 WEST 5TH STREET, SAN BERNARDINO, CALIFORNIA (APN: 0134-054-25) IN THE CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA 2 3 4 5 6 June ,2006. PASSED, APPROVED AND ADOPTED this ~ day of 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 j oint regular meeting 10 held on June 5 11 Commission Members: 12 ESTRADA 13 BAXTER 14 MCGINNIS 15 DERRY 16 KELLEY 17 JOHNSON 18 MC CAMMACK 19 , 2006 by the following vote, to wit: Absent Abstain Navs Aves x -X- x -1L x x ~CVl--:- ~/ ~ 20 Secretary -rJ?- The foregoing resolution is hereby approved this ~ day of June ,2006. 21 22 23 24 atri J. Morris, C' son unity Development Commission of the City of San Bernardino 25 26 Approved as to Form and Legal Content: 27 A~~ By: 28 4830-5504-1536.1 8 P:\Agendas\Resolutions\Rcsolulions\2006\06-0S-OS Bland. CCN 796 West 5th St CDC Reso.doc /.. " CDC/2006-1S .. EXHIBIT "A" Legal Description PARCBL 1: THAT PORTION OF LOT 4, BLCOK 39, AS PER PLAT TIlEREOF RECORDED IN BOOK 7 OF MAPS, PAGE 1, RECORDS OF SAID COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT TIlE SOUTHEAST CORNER OF SAID LOT 4; TIIENCE NORTH 136 FEET; TIIENCE WEST 50 FEET; THENCE SOUTH 136 FEET; TIlENCE EAST 50 FEET TO TIlE IioINT OF BEGINNING. PARCEL 2: ALL THAT PORTION OF LOT 4, BLOCK 39, AS PER PLAT RECORDED IN BOOK 7 OF MAPS, PAGE 1, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT TIlE SOUTHWEST CORNER OF SAID LOT 4; TIIENCE NORTIl ALONG TIlE WEST LINE OF SAID LOT, 167 FEET, MORE OR LESS, TO A POINT 131 FEET SOUTH OF TIlE NORTH LINE OF SAID LOT; TIlENCE EAsT 100 FEET, MORE OR LESS, TO A POINT 48 FEET WEST OF TIlE EAST LINE OF SAID LOT 4; THENCE SOUTH TO A POINT 136 FEET NORTHOF TIlE SOUTH LINE OF SAID LOT; TIIENC WEST 2 FEET; TIIENCE SOUTH 136 FEET TO THE SOUTH LINE OF SAID LOT 4; TIlENCE WEST TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE NORTH 50 FEET THEREOF.