Loading...
HomeMy WebLinkAboutCDC/2006-17 " . , , I RESOLUTION NO, CDC/2006-17 2 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 631 NORTH "G" STREET, SAN BERNARDINO, CALIFORNIA (0134-021-29) IN THE CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA 3 4 5 6 7 WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency"), 8 public entity created pursuant to the Community Redevelopment Law (Health & Safety Cod 9 ~33000, et seq.), is authorized to acquire and redevelop blighted properties located within th 10 City of San Bernardino, as authorized by the Community Redevelopment Law ("CRL"); and II WHEREAS, the Community Development Commission of the City of San Bernardin 12 (the "Commission"), as the governing board of the Redevelopment Agency of the City of S 13 Bernardino ("Agency"), authorized the Agency to assemble and acquire certain properties fo future redevelopment as new affordable housing in the Central City North Redevelopmen 14 15 Project Area (the "Project Area") in accordance with the provisions of the CRL; and 16 WHEREAS, the Agency, and Willie and Jerry Wagoner, and Rose Harris ("Propert 17 Owners of Record") entered into a Sales and Purchase Agreement subject to certain conditions a 18 contained therein and opened escrow on April 14, 2004, with LandAmerica Lawyers TitI 19 Company for the purchase of the 631 North "G" Street property (the "Property") for $180,000 b 20 the Agency; and thereafter, the Agency was informed that the property ownership was i 21 dispute and while the dispute was proceeding in court, the improvements on the Property wer 22 destroyed by fire; and 23 WHEREAS, the Agency hired an appraiser on or about April 23, 2005, to reappraise th 24 Property as a vacant Property for acquisition for future development of affordable housing (th 25 "Project"); and -1- P:\Agenda.\Rnolurions\RelOlutioDI\2006\1)6..(15-06 R_lution or Nec:nsily-6JI N. G St.doc " ., " CDC/2006-17 WHEREAS, the Agency sent an offer to purchase property for the new appraised valu 2 of $43,500 on June 22, 2005, to the Law Offices of Fullerton, Lemann, Schaefer & Dominick 3 LLP, representing Independent Trinity Church of God in Christ, a California nonprofi 4 corporation ("Church"), without receiving any response; and 5 WHEREAS, on March 3, 2006, the Agency ordered an updated appraisal of the vacan 6 Property and it was appraised for $52,000, and the updated appraised value was again sent 0 8 Law Offices of Buxbaum and Chakmak, LLP, representing the Property Owners of Record; and 7 March 23, 2006, in an offer to purchase property to the Church and on April 27, 2006, to th 9 WHEREAS, on March 13, 2006 the Agency received a written response from the leg 10 counsel to the Church requesting the Agency to honor the offer made to acquire the property 0 II April 14, 2004; and 12 WHEREAS, the Property Owners of Record and the Church have rejected the purchas 13 offers submitted by the Agency on the property identified by County Assessor's Parcel Numbe 14 0134-021-29; and 15 WHEREAS, the Agency has not been able to satisfactorily complete a negotiate 18 WHEREAS, the Agency desires to acquire the Property identified by APN: 0134-021-2 16 purchase of the real property described in this Resolution for future development as affordabl 17 housing; and 19 at 631 North "G" Street, San Bernardino, California for the Project; and 20 WHEREAS, the assembly and acquisition of the Property for the future Project is exemp 21 from the requirements of the California Environmental Quality Act of 1970, as amended, Publi 22 Resources Code S 21000, et seq, ("CEQA"), relative to conducting an environmental review fo 23 such land assembly and acquisition activities of the Agency, according to 14 California Code 0 24 Regulations S 15332 Class 32 because (a) the Project is consistent with the applicable gener 25 plan designation and all applicable general plan policies as well as with applicable zonin -2- P:\AJfllda.\Rnolutions\RelolutioDI\1:006\06-G5-06 Resollltio. or Nunsity-6JI N. G St.doc CDC/2006-17 designation and regulations; (b) the proposed development occurs within city limits on a projec 2 site of no more than five (5) acres substantially surrounded by urban uses; (c) the Project site h 3 no value as habitat for endangered, rare or threatened species; (d) approval of the Project woul 4 not result in any significant effects relating to traffic, noise, air quality or water quality; and (e 5 the Property can be adequately served by all required utilities and public services; and. 6 WHEREAS, the Agency transmitted an offer to purchase the Property situated in th 7 Project Area, based on the appraised values of such Property, to the respective legal counsels t 8 the Property Owners of Record and the Church on the Property as more particularly described i 9 this Resolution; and 10 WHEREAS, the Commission, as the governing board of the Agency, seeks to adopt thi II Resolution to allow the Agency to acquire the Property situated within the Project Area b 12 condemnation, if necessary, in lieu of negotiated purchase; and 13 WHEREAS, on May 15, 2006, notice was mailed to the respective legal counsels to th 14 Property Owners of Record and the Church, that the Commission may adopt a Resolution 0 15 June 5, 2006, declaring the public interest and necessity of acquisition of the Property; and 16 WHEREAS, on June 5, 2006, after not less than fifteen (15) days' written notice was sen 17 to the respective legal counsels to the Property Owners of Record and the Church on the Propert 18 as more particularly described in this Resolution, the Commission conducted a hearing for th 19 purpose of affording the Property Owners of Record and the Church reasonable opportunity t 20 appear and be heard on the matters referred to in Code of Civil Procedure S 1240.030 an 21 whether the Agency has met all other prerequisites for the exercise of eminent domain to acquir 22 the subject Property, described in this Resolution as the Property, for community redevelopmen 23 purposes; and 24 WHEREAS, the Commission has determined, as a result of such hearing on June 5, 2006 25 that the public health, safety and welfare require the Agency to acquire the subject Property, a -3- P:\AgendllS\RaolutiOOI\Relolutions\1006\06-05-06 Resolution of Necessity-6J) N. G St.doc I CDC/2006-17 more particularly described below in this Resolution, for community redevelopment purposes. 2 NOW THEREFORE, BE IT RESOLVED THAT THE COMMISSION FINDS 3 DETERMINES AND DECLARES AS FOLLOWS: 4 Section 1. The information set forth in the above recitals of this Resolution is tru 5 and correct. 6 Section 2. The Property to be acquired by the Agency in this Resolution is located i 7 the Project Area in the City, and is also known as 631 North "0" Street, San Bernardino 8 California (APN: 0134-021-29). The Property is more particularly described in the leg 9 description attached as Exhibit "A". The interest in the Property to be acquired consists of all 0 10 the fee simple absolute title interest in the Property, and all of the right, title and interest of eac 11 owner of the Property and all parties and individuals claiming any right, title or interest in th 12 Property, including the acquisition of every possessory interest, and all easements an 13 appurtenances to the Property. 14 Section 3. The Agency transmitted a notice of hearing to the respective lega 15 counsels to the Property Owners of Record and the Church on May 15,2006, by mail. A copy 0 16 the notice of hearing is on file with the Secretary of the Commission. 17 Section 4. The Commission acknowledges receipt of the written staff reports an 18 information relating to the proposed Project, including, without limitation, summaries of th 19 appraisals of the Property and oral reports and information submitted to the Commission durin 20 the course of the hearing conducted on June 5, 2006. 21 Section 5. The Commission, on behalf of the Agency finds and determines that th 22 hearing conducted by the Commission on this matter on June 5, 2006, was full and fair, and tha 23 each interested person has been accorded a full and fair opportunity to present evidence an 24 testimony relating to the proposed condemnation of the Property, and the matters described i 25 Code of Civil Procedure 9 1240.030, and the acquisition of the Property, and all interests in it, b -4- P:\Ap:Qd.I\Raoluti...nl\Resolutioal\1006~ Resolution or NKelliry-631 N. G SI.doc I. CDC/2006-17 the Agency for community redevelopment purposes by the exercise of eminent domain and othe 2 relevant matters. 3 The Commission declares its intent to acquire the Property for communit Section 6. 4 redevelopment purposes in the name of the Agency in accordance with the laws of the State 0 5 California and the Community Redevelopment Law and Health and Safety Code gg 33391 an 6 33492.40. The Commission further finds and determines that all of the prerequisites to th 7 exercise of eminent domain by the Agency with respect to such acquisition of the Property hav 8 been met. 9 Section 7. In accordance with the provisions of Code of Civil Procedure g 1245.23 10 the Commission finds, determines and declares as follows: II (a) The public interest, convenience and necessity require the 12 Property for the Project, which is necessary to alleviate conditions of blight in the Project Are and to provide for the orderly redevelopment of the Property in the Project Area. The assembl and redevelopment of the real property in the Project Area, including the Property, is necessar as the Project Area displays a number of conditions of blight including the presence of 01 structures that show signs of dilapidation, deterioration and small lot configurations within th Project Area, including the subject Property, which prevent or substantially hinder th economically viable use of such real property in their present condition and City zonin classification. Redevelopment of the Property as affordable housing will eliminate th aforementioned conditions of blight within the Project Area and provide needed affordabl housing in the Central City North Redevelopment Project Area, and will assist with th elimination of blight in other areas in proximity to the Project Area by providing affordabl housing that is necessary for the Project Area. 13 14 15 16 17 18 19 20 21 22 23 (b) The Project is planned or located in the manner that will be most compatible wit 24 the greatest public good and the least private injury in light of the fact that the Property include 25 in the Project Area displays a number of symptoms of blight, and the Project shall also facilitat -5- P:\Ageodu\Resolulions\Resolutionl\2006\06-05-06 Resolution of Nt<<Uiry-631 N. G St.doc CDC/2006-17 land assembly and reuse of a developed urban area that has stagnated in recent years under th 2 burdens of small lot size, diverse ownership, property tax liens and inadequate publi 3 improvements. The Project shall also confer substantial environmental benefits upon the Projec 4 Area and the community generally, in accordance with the City's General Plan. 5 (c) The Property described in this Resolution is necessary for the Project as it 6 acquisition and reuse for affordable housing purposes is part of an integrated design plan t 7 eliminate blight and provide for the improvement of all of the lands included within the Projec 8 Area. 9 (d) The purchase offer required by Government Code S 7267.2 has been mailed to th 12 Section 8. (a) The law firm of Lewis Brisbois Bisgaard & Smith, LLP, as Leg 10 Property Owners of Record and the Church with respect to the Property by the Agency, and th 11 Agency has not been successful in negotiating the purchase of the Property. 13 Counsel to the Agency, is authorized and directed to prepare, institute and prosecute in the nam 14 of the Agency such proceedings in the court having jurisdiction, as may be necessary for th 15 acquisition of the Property. Legal Counsel to the Agency is further authorized and directed t 16 obtain an order of the court granting the Agency and contractors and licensees of the Agency, th 17 right of prejudgment possession and occupancy of the Property at the earliest feasible time i 18 order to implement the redevelopment project and commence the Project. 19 (b) The sum payable by the Agency as probable compensation for the acquisition 0 20 the Property by eminent domain shall accompany the filing of an application for prejudgmen 21 possession of the Property and shall be deposited as follows: (i) with the State of California i 22 the manner provided by law, or upon the recommendation of Agency Legal Counsel to th 23 County Treasury; or (ii) at the election of the person or persons who may claim an interest in th 24 Property to be acquired by such condemnation proceedings, in such other manner as suc 25 interested person or persons may request in writing, subject to the approval of the Executiv -6- P:\AseadulJlnolutions\Relolutiolll\2006\06-05-06 Resolution or NettSSity-6J1 N. G 5t.doc CDC/2001il-17 1 Director and Legal Counsel to the Agency. 2 Section 9. The Secretary of the Commission is authorized and directed to certify th 3 adoption of this Resolution. This Resolution shall take affect upon adoption. 4 II I 5 III 6 III 7 III 8 III 9 III 10 III 11 III 12 III 13 III 14 III 15 III 16 III 17 III 18 III 19 III 20 III 21 III 22 III 23 III 24 III 25 III -7- P:\Agendu\Resolutlonl\RuoludoDI\1l106\06-OS-06 Resolution orNeceuJty-631 N. G St.doc 2 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 631 NORTH G STREET, SAN BERNARDINO, CALIFORNIA (APN: 0134-021-29) IN THE CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA 3 4 5 6 I HEREBY CERTIFY that the foregoing Resolution was duIy adopted by the 7 Community Development Commission of the City of San Bernardino at a j t. regular 8 meeting thereof, held on the 5th day of June , 2006, by the following vote to wit: 9 Commission Members: Abstain Absent Navs 10 ESTRADA Aves x 11 BAXTER MCGINNIS DERRY KELLEY JOHNSON MC CAMMACK rp~ -1L 12 -1L x 13 x 14 x 15 x 16 /'~ .L ecret~y 1T t1-- day of ,2006. 17 18 June The foregoing resolution is hereby approved this 19 20 patn~' Community Development Commission of the City of San Bernardino 21 22 23 Approved as to Form and Legal Content: 24 ~ Agency 25 By: -8- P:\AlflIdl.\Resolution.\Resolutionl\1006\06-05-06 ReJoIutlon or Necnsity-631 N. G 51.doe 07000610 CDC/2006-17 EXHIBIT "A" All that certain real property situated in the County of San Bernardino, State of California, described as follows: All that portion of Lot 4, Block 43, in the City of San Bernardino, County of San Bernardino, State of California, as per map recorded in Book 7, page(s) 1, of Maps, in the office of the County Recorder of said County, described as follows: Beginning at a point 100 feet South of the Northwest corner of said Lot 4; Thence South along the West line of said Lot, 50 feet; Thence East 150 feet, more or less to the East line of said Lot; Thence North along the East line of said Lot, 50 feet; Thence West 150 feet more or less to the point of beginning. Page 3