HomeMy WebLinkAboutCDC/2006-25
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RESOLUTION NO. CDC/2006-25
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RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO DECLARING mE 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, AND
RESCINDING RESOLUTION NO. CDC/2006-15
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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
Law; and
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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
Camlot be remedied by private parties acting alone without community redevelopment
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assistance; and
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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 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
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"Property"); and
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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
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,
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 sununary of valuation in conformity with Government Code ~ 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,
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William R. Bland, received the updated offer but did not respond to the updated Agency offer;
and
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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 Enviromnental Quality Act ("CEQA") for the purpose of conducting an
enviromnental review in connection with the acquisition of the Property; and
WHEREAS, on November 7,2005, the Commission adopted Resolution No.CDC/2005-
39 approving a Redevelopment Study Agreement and Exclusive Right to Negotiate (the
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"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#2003031072 (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 11 through April 11, 2006; and 436 for 2005 and 426
for 2004; and
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 May 11, 2006, notice of hearing on a Resolution was mailed to the
owner of record of the Property, William R. Bland, at the address for the owner of the Property;
and
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WHEREAS, on June 5, 2006, a majority of the Commission Members present at the
meeting voted to approve the Resolution; and
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WHEREAS, the California Code of Civil Procedures Section 1245.240 states that,
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"Unless a greater vote is required by statue, charter, or ordinance, the Resolution shall be
adopted by a vote of two-thirds of all the members of the governing body of the public entity";
and
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WHEREAS, at the June 5, 2006, meeting of the Commission, due to the absence of
some Commission Members, a two-thirds vote of the governing body was not obtained; and
WHEREAS, the need exists for the Commission to rescind Resolution No. CDC/2006-
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15 and consider the adoption of this Resolution at this time; and
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WHEREAS, on June 21, 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
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WHEREAS, on July 10, 2006, after not less than fifteen (IS) 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
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 July 10,
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.
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NOW THEREFORE, BE IT RESOLVED THAT THE COMMISSION FINDS,
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DETERMINES AND DECLARES AS FOLLOWS:
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Section 1.
The information set forth in the above recitals of this Resolution is true
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and correct.
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Section 2.
The Commission rescinds Resolution No. CDC/2006-IS.
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Section 3. 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 Sth Street, San Bernardino, California 92410 (San Bernardino County Assessor Parcel
Number 0134-0S4-2S). 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.
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On June 21, 2006, the Agency transmitted a notice of hearing to the
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known owner of record (William R. Bland) at 2947 North Mountain View Avenue, San
Bernardino, California 92405.
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Section 5.
The Commission acknowledges receipt of the written reports and
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information relating to the Project Area, including the Staff Report and Agreernent 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 July 10,2006.
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The Commission on behalf of the Agency finds and determines that the
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hearing conducted by the Commission on this matter on July 10, 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
Commission for community redevelopment purposes by the exercise of eminent domain and
other relevant matters.
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Section 7.
The Commission declares its intent to acquire the Property for the Plan
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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
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the prerequisites to the exercise of eminent domain by the Agency with respect to such
acquisition ofthe Property for the Plan have been met.
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Section 8.
The Commission has found and determined that the acquisition of the
24 Property for the Plan is an activity, which is covered under a Mitigated Negative Declaration
25 adopted by the Commission on November 7, 2005 and a Notice of Determination was filed with
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Section 9.
In accordance with the provisions of Code of Civil Procedure Section
28 1245.230, the Commission finds, determines, and declares as follows:
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(a)
The public interest, convenience and necessity require the acquisition of the
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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 11, 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
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
the period 2004, there were 426 Part I Crimes. For the period of January 11 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
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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
include without limitation mixed income and mixed commercial and residential uses.
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(b)
The Plan and the Project are plamled or located in the mamler that will be most
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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.
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(c)
The Property described in this Resolution is necessary for the Plan and the
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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.
(d) The purchase offer required by Government Code Section 7267.2 has been
mailed to the owner of record of the Property by the Agency, and the Agency has not been
successful in acquiring the Property based upon the conditions contained within the offer. The
Commission deems it appropriate and necessary to approve the Agency acquisition of the
Property for assembly for the Plan and the Project.
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Section 10. (a)
The law firm of Lewis Brisbois Bisgaard & Smith, LLP, as legal
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counsel to the Agency ("Agency 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.
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(b)
The sum payable by the Agency as probable compensation for the acquisition of
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the Property by eminent domain, as determined by the appraisal, may, in the discretion of
Agency 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 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 Agency Counsel.
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(c)
Agency Counsel is also authorized, subject to the approval of the Executive
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Director, to engage in settlement negotiations and, if possible, arrange for purchase of the
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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 11. The Secretary of the Commission is authorized and directed to certify the
adoption of this Resolution. This Resolution shall take affect upon adoption.
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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, AND
RESCINDING RESOLUTION NO. CDC/2006-15
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PASSED, APPROVED AND ADOPTED this 10th day of July
,2006.
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I CERTIFY that the foregoing Resolution was duly adopted by the Conununity
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Development Conunission of the City of San Bernardino at its joint regular
meeting
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held on July 10 , 2006 by the following vote, to wit:
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Conunission Members: Aves Navs Abstain Absent
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ESTRADA --1L
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BAXTER -X-
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MCGINNIS -X-
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DERRY ..lL.
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KELLEY ..lL.
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JOHNSON --1L
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MCCAMMACK
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22 The foregoing resolution is hereby approved this I o1J~ay of July ,2006.
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atrick . Morris, Chai on
. ty Development Conunission
of the City of San Bemardino
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Approved as to Form and Legal Content:
A~
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