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HomeMy WebLinkAboutCDC/2006-28 . 1 RESOLUTION NO. CDC/2006-28 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 746 WEST 5m STREET, SAN BERNARDINO, CALIFORNIA (APN: 0134-054-07,08 AND 09) IN THE CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA 4 5 6 7 8 11 WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency"), public entity created pursuant to the Community Redevelopment Law (Health and Safety Cod Section 33000, et seq.), is authorized to acquire and redevelop blighted properties located in th City of San Bernardino (the "City"), in accordance with the Community Redevelopment Law' and 9 10 12 13 WHEREAS, the Community Development Commission of the City of San Bernardin (the "Commission"), as the governing board of the Agency, has authorized the Agency t assemble and acquire real property for community redevelopment purposes in the Central Cit North Redevelopment Project Area ("Project Area"); and WHEREAS, the Project Area displays substantial and pervasive symptoms of blight tha cannot be remedied by private parties acting alone without community redevelopment assistance' 14 15 16 17 18 19 20 and 21 WHEREAS, the Agency has acquired other real property in the Project Area; and WHEREAS, on April 6, 2005, the Agency mailed a notice to the owner of record of th real property located within the Project Area as described and informed such persons that th Agency intended to appraise the property for possible acquisition; and WHEREAS, the Agency retained the services of an appraiser to appraise the property an the appraiser has reported an opinion of the fair market value of the improved property located a 22 23 24 25 26 27 746 West 5th Street, San Bernardino, CA 92410 (APN: 0134-054-07, 08 and 09) (th 28 "Property"); and 4830-5504-1536.1 1 P:\ApDllas\ReloIutioal\RelOlutions\2006\07-24-05 Salvation Army - CCN 746 West 5th Stl"eet CDC ReIOAoc 1 WHEREAS, the Property is improved with a building that the Property Owner h advised is used as a Church within the Project Area; and WHEREAS, based upon such real property appraisal report, the Commission authoriz the Agency to send a purchase offer to the owner of record, to attempt to purchase the Propert at the appraised value in lieu of condemnation, and on September 25, 2005, the Agency mailed purchase offer to the owner of record of the Property based on the appraised value of th Property described in this Resolution; and 2 3 4 5 6 7 8 WHEREAS, the Agency transmitted the offer to purchase the Property situated within th Project Area, based on the appraised value on September 25,2005, to the owner of record ofth Property at the address on file with the office of the County Tax Assessor, as shown on the las equalized county assessment roll and the owner of record, The Salvation Army, received th offer but does not agree with the Agency's offer; and WHEREAS, on March 14, 2006, the Agency transmitted the same offer and sununary 0 valuation in conformity with Govemment Code ~ 7267.2(b) to Roger M. Sullivan of Sullivan Workman & Dee, LLP ("Salvation Army Counsel"); and 9 10 11 12 13 14 15 16 17 WHEREAS, the Agency has not been able to satisfactorily complete a negotiate purchase with the Property Owner to acquire the Property for community redevelopmen 18 19 purposes; and WHEREAS, the Commission has served as the "lead agency" as defined in the Californi Environmental Quality Act ("CEQA") for the purpose of conducting an environmental review i 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 (th "Agreement") by and between the Agency and Watson and Associates Development Company Inc. (the "Developer"), and adopted the Mitigated Negative Declaration for the Downto Mixed Use Project Plan (the "Plan") and for the Project (the "Project") described in more detai in the CEQA Initial Study dated October II, 2005; and 20 21 22 23 24 25 26 27 28 4830-5504-1536.1 2 p:\Apadu\Relo1ulilw\RcIlOluUlm\2006\07.u.oS SalvatioD Army. CCN 746 Welt 5th Slree1 COC ReIO.Qoc 1 WHEREAS, on or about September 7, 2004, the Agency considered and certifi Environmental Impact Report SCH#2003031072 (the "EIR") in accordance with the CEQA fo the Project Area, and the acquisition of property contemplated within the Plan and for the Projec is consistent with the EIR; and 2 3 4 5 WHEREAS, the Property Owner never made a CEQA challenge and the time has expir 6 to do so; and 7 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 42 for 2004; and 8 9 10 11 WHEREAS, the Agreement contemplates the Agency acquiring or obtaining control 0 parcels necessary for the Plan either through purchase negotiations or alternatively, by eminen domain proceeding, if necessary; and WHEREAS, on July 6, 2006, notice of intent to adopt this Resolution was mailed to th owner of record of the Property, The Salvation Army, at the address of record on file at the offic of the County Tax Collector and at the last known address for the owner of the Property; and WHEREAS, on July 6,2006, Notice of Intent to adopt this Resolution was mailed to th Salvation Army Counsel, Roger M. Sullivan, Sullivan Worknlan & Dee, LLP, 800 Sou Figueroa Street, Twelfth Floor, Los Angeles, California 90017-2521; and WHEREAS, on July 24, 2006, after not less than fifteen (15) days written notice to th owner of the Property and Salvation Army Counsel, the Commission conducted a hearing for th purpose of affording the owner of the Property and Salvation Army Counsel a reasonabl opportunity to appear and be heard on the matters referred to in Code of Civil Procedure Sectio 1240.030 and whether the Agency has met all other prerequisites for the exercise of eminen 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 24 2006, that the public health, safety and welfare require the Agency to acquire the subjec Property for community redevelopment purposes and to facilitate the Project. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4830-5504-1536.1 3 P:\ApodaI\RnoIutiou\ReIOIutioIlI\2OO6\D7-24-0S SalvatioD Army - CCN 746 West Stir. Street CDC RcIO._ 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 tru 4 and correct. 5 Section 2. The real property to be acquired under the authority of this Resolution i 6 11 located in the Project Area in the City of San Bernardino, California, and is also known as 74 West 5th Street, San Bernardino, California 92410 (San Bernardino County Assessor Parce Number 0134-054-07, 08 and 09). The Property is more particularly described in the leg description attached as Exhibit "A.u The interest in the Property to be acquired consists of all 0 the fee simple absolute title interest in the Property, and all of the right, title and interest of eac person and owner of the Property including the acquisition of each and every possessory interes and all easements and appurtenances to the Property. 7 8 9 10 12 13 14 Section 3. On July 6, 2006, the Agency transmitted a notice of hearing to the kno 15 owner of record (The Salvation Army) at P.O. Box 991, San Bernardino, California 92402. 16 Section 4. On July 6, 2006, the Agency transmitted a notice of hearing to th 17 Salvation Army Counsel at Sullivan, Workman & Dee, LLP, 800 South Figueroa Street, Twel 18 Floor, Los Angeles, California 90017-2521. 19 Section s. The Commission acknowledges receipt of the written reports an 20 information relating to the Project Area, including the Staff Report and Agreement between th Agency and Developer concerning the Plan, and the appraisal of the Property, staff reports, an oral reports and information submitted to the Commission during the course of the hearin conducted on July 24, 2006. 21 22 23 24 Section 6. The Commission on behalf of the Agency finds and determines that th 25 hearing conducted by the Commission on this matter on July 24, 2006, was full and fair, and tha each interested person has been afforded a full and fair opportunity to present evidence an testimony relating to assembly of land for the Plan, and the matters described in Code of Civi Procedure Section 1240.030, and the acquisition of the Property, and all interests in it, by th 26 27 28 4830-5504-1536.1 4 P:\Apudu\Rnolutioal\ReIOIutions\2006\07-24-05 SalvatioD AnDy. CCN 746 Welt Sib Stteet CDC RcIo.doc 1 Commission for community redevelopment purposes by the exercise of eminent domain an other relevant matters. 2 3 Section 7. The Commission declares its intent to acquire the Property for the PI 4 and in furtherance of community redevelopment purposes in the name of the Agency i accordance with the laws of the State of California including the Community Redevelopmen Law and Health and Safety Code Sections 33391 and 33492.40. The Commission further fin and determines that all of the prerequisites to the exercise of eminent domain by the Agency wi respect to such acquisition of the Property for the Plan have been met. 5 6 7 8 9 10 Section 8. The Commission has found and determined that the acquisition of th 11 Property for the Plan is an activity, which is covered under a Mitigated Negative Declaratio adopted by the Commission on November 7, 2005 and a Notice of Determination was filed wi the Clerk of the County on November 10, 2005. 12 13 14 Section 9. In accordance with the provisions of Code of Civil Procedure Sectio 15 1245.230,. the Commission finds, determines, and declares as follows: 16 (a) The public interest, convenience and necessity require the acquisition of th 17 Property for the Project, as necessary to alleviate conditions of blight in the Project Area, whic are documented and described in more detail in the 2004 EIR and CEQA Initial Study date October II, 2005, which Initial Study and Mitigated Negative Declaration was approved 0 November 7, 2005, and to provide for the orderly redevelopment of the Property and other re property included in the Project Area. The assembly and redevelopment of the Property i necessary as the Project Area displays a number of conditions of blight, including withou limitation prevalence of absentee owners, high volume of code compliance cases, crime statistic substantially higher than the City rate, the presence of old structures that show signs 0 dilapidation and deterioration and small or substandard lot sizes within the Project Are including the subject Property, and a diverse pattern of land ownership which prevent 0 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 are 18 19 20 21 22 23 24 25 26 27 28 4830-5504-1536.1 5 r:\AjeDdu\ReIOlutiolll\Rnoklhoat\2006\07-24-0S SalvatioD Army - CCN 746 Wut Scb Stnct CDC ReID.doc 1 of the Plan and Project were 91. For the period 2005, there were 436 Part I Crimes. For th period 2004, there were 426 Part I Crimes. For the period of January II through April II, 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. use/possession/sale, panhandling, prostitution, etc., are not included in the figures. Acquisitio 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 th elimination of blight and assist with the redevelopment of the Project Area, and assist wi elimination of blight in other lands in proximity to the Project Area. The Plan and the Projec include without limitation mixed income and mixed commercial and residential uses. 2 3 4 5 6 7 8 9 10 11 12 (b) The Plan and the Project are planned or located in the manner that will be mos 13 compatible with the greatest public good and the least private injury in light of the fact that th real property included in the Project Area displays a number of symptoms of blight. The PI and Project shall also facilitate the completion of a land assembly program previously initiate by the Agency and foster the reuse of a developed urban area that has stagnated in recent year 14 15 16 17 under the burdens of economic obsolescence, small lot size, diverse ownership, absentee owners 18 tenant occupancy, high crime and code compliance cases, property tax liens and inadequat 19 public improvements. 20 The Property described in this Resolution is necessary for the Plan and th (c) 21 Project, as its acquisition and reuse for the Plan and the Project is part of a neighborhood plan t eliminate blight and provide for the redevelopment and improvement of the other lands own by the Agency within the Project Area. 22 23 24 (d) The purchase offer required by Govemment Code Section 7267.2 has been mail 25 to the owner of record of the Property by the Agency, and the Agency has not been successful i acquiring the Property based upon the conditions contained within the offer. The Commissio deems it appropriate and necessary to approve the Agency acquisition of the Property fo assembly for the Plan and the Project. 26 27 28 4830-5504-1536.1 6 P:\ApDdu\RoIOIutioaI\RoIoIu&ioAIU006\07-24-0S SaJvaDoD Army. CCN 746 WOlf. Sill Street CDC ReID.doc 1 Section 10. (a) The law firm of Lewis Brisbois Bisgaard & Smith, LLP, as leg 2 cOWlsel to the Agency ("Agency COWlSel"), is authorized and directed to prepare, institute an prosecute in the name of the Agency such proceedings in the court having jurisdiction, as may b necessary for the acquisition of the Property. (b) The sum payable by the Agency as probable compensation for the acquisition 0 the Property by eminent domain, as determined by the appraisal, may, in the discretion 0 Agency COWlsel, 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 0 Agency COWlsel to the COWlty Treasury; or (ii) at the election of the person(s) who may claim interest in the Property to be acquired by such condemnation proceedings, in such other manne as such interested person(s) may request in writing, subject to the approval of the Executiv Director and Agency COWlsel. 3 4 5 6 7 8 9 10 11 12 13 14 (c) Agency COWlSel is also authorized, subject to the approval of the Executiv 15 Director, to engage in settlement negotiations and, if possible, arrange for purchase of th Property in lieu of condemnation at the appraisal price prior to or subsequent to filing condemnation complaint to commence acquisition of the Property by eminent domain. 16 17 18 Section 11. The Secretary of the Commission is authorized and directed to certify the 19 adoption of this Resolution. This Resolution shall take affect upon adoption. 20 III 21 I I I 22 I I I 23 I I I 24 I I I 25 I I I 26 I I I 27 I I I 28 I I I 4830-5504-1536.1 7 P:\ApDdu\RcsolutiDu\JlnoIutioBl\2006\07.24-0S Salvarioa Jvmy. CCN 746 Wnt S" SIroet CDC Ruo.fikx; 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 746 WEST 5TH STREET, SAN BERNARDINO, CALIFORNIA (APN: 0134-054-07, 08 AND 09) IN THE CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA 2 3 4 5 6 PASSED, APPROVED AND ADOPTED this ..2llh.. day of Jul y ,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 i oint re"n 1 ar meeting 10 held on July 24 , 2006 by the following vote, to wit: Abstain Absent 11 Commission Members: 12 ESTRADA BAXTER MCGINNIS DERRY KELLEY JOHNSON MC CAMMACK Y~f~ Secretary 't)>- ~ 1 day of July .2006. 13 14 15 16 17 18 19 20 21 The foregoing resolution is hereby approved this 22 23 24 ~ P trick J. o' s, Chairpers Co . Development Commission of the City of San Bernardino 25 26 Approved as to Form and Legal Content: 27 A~l By: 28 0830-5500-1536.1 8 P:\ApDdu\Rno......\IletoIutioId\Z006\07-24-0S SalvatioD AnDy - CCN 746 Wut 5th Street COC Rno.h CDC/2006-28 Exhibit "A" APN: 0134-054 -07 THAT PORTION OF LOT 2, BLOCK 39, CITY OF SAN BERNARDlNO, AS PER PLAT RECORDED IN BOOK 7 OF MAPS, PAGE 1 RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGlNNlNG AT THE SOUTHWEST CORNER OF SAID LOT 2, BLOCK; THENCE EAST 75 FEET; THENCE NORTH 275 FEET MORE OR LESS TO THE SOUTH LlNE OF SPRUCE STREET AS IT NOW EXISITS; THENCE WEST 75 FEET; THENCE SOUTH 275 FEET TO THE POlNT OF BEGlNNlNG. APN: 0134-054-08 THAT PORTION OF LOT 2, BLOCK 39, CITY OF SAN BERNARDlNO, AS PER PLAT RECORDED IN BOOK 7 OF MAPS, PAGE 1 RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGlNNlNG AT THE SOUTHWEST CORNER OF SAID LOT 2, BLOCK; THENCE EAST 75 FEET; THENCE NORTH 150 FEET TO THE POlNT OF BEGlNNlNG; THENCE EAST 47 FEET; THENCE NORTH 125 FEET; THENCE WEST 47 FEET; THENCE SOUTH 125 FEET TO THE POINT OF BEGlNNlNG. APN: 0134-057-09 ALL THOSE PORTIONS OF LOTI 1 AND 2 IN BLOCK 39 ACCORDlNG TO MAP OF THE CITY OF SAN BERNARDlNO AS PER PLAT RECORDED IN BOOK 7 OF MAPS, PAGE 1, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: COMMENClNG AT A POINT 150 FEET NORTH AND 122 FEET EAST OF THE SOUTHWEST CORNER OF SAID LOT 2 THENCE NORTH 125 FEET, MORE OR LESS, TO A POlNT 25 FEET SOUTH OF THE NORTH LINE OF SAID LOT 2; THENCE EAST 37 FEET, MORE OR LESS, TO A POINT 140 FEET WEST OF THE EAST LINE OF LOT 1 OF SAID BLOCK; THENCE SOUTH 125 FEET, MORE OR LESS, TO A POINT 150 FEET NORTH OF THE SOUTH LINE OF SAID LOT 1; THENCE WEST 37 FEET TO THE POlNT OF BEGlNNlNG.