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HomeMy WebLinkAboutCDC/2006-29 1 RESOLUTION NO. CDCj2006-29 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 723-739 WEST 5TH STREET, SAN BERNARDINO, CALIFORNIA (APN: 0134-093-07) 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' 9 10 12 and 13 14 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 Ci 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' and 15 16 17 18 19 20 21 WHEREAS, the Agency has acquired other real property in the Project Area; and WHEREAS, on March 11, 2005, the Agency mailed a notice to the owner of record 0 the 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 27 723-739 West 5th Street, San Bernardino, CA 92410 (APN: 0134-093-07) (the "Property"); and 28 WHEREAS, the Property is improved with four (4) retail units. One unit is current! 4830-5504-1536.1 1 P;\ApDdas\ResoluhoDJ\Resolutionl\2006\07.24-0S W. Ammou - CCN 723-739 Well Stir. Snct coc RcIO.doc 1 unoccupied. The other units are occupied with an insurance business, a shoe repair business an 2 shop that includes buying/selling of coins, currency and jewelry. The building is a maso structure and built in approximately 1924; and WHEREAS, based upon such real property appraisal report, the Commission authorize the Agency to send a purchase offer and summary statement of valuation in conformity wi Government Code ~ 7267.2(b) to the owner of record, to attempt to purchase the Property at th appraised value in lieu of condemnation, and on May 19,2006, the Agency mailed a purchas offer and summary statement of valuation in conformity with Government Code Section 7267 .2(b) to the owner ofrecord of the Property based on the appraised value of the Propert described in this Resolution; and 3 4 5 6 7 8 9 10 11 12 WHEREAS, the Agency transmitted the offer to purchase the Property situated within th Project Area, based on the appraised value on May 19, 2006, to the owner of record of th Property at the address on file with the office of the County Tax Assessor, as shown on the las equalized county assessment rol1 and the owner of record, Walter L.B. Ammons, received th Agency's offer; and WHEREAS, on June 16,2006, the Property Owner transmitted to the Agency a count offer that the Agency purchase the Flowerland Plaza building (located on Highland Avenue ne Del Rosa) for $2,000,000 and pay at least $150,000 for advertising, repairs and loss ofbusines income, complete overhaul of the Flowerland Plaza including refrigeration, large vents windows, glass fronts with bars, steel gates, repair room, show case room, retail sales room, w in fire-proof safe, display lighting, flood lights, heat and air system, a large area for stock coating and rubberizing the entire parking lot and relocation costs; and WHEREAS, the Agency has not been able to satisfactorily complete a negotiate purchase with the owner of record of the Property to acquire the Property for communi redevelopment 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 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4830-5504-1536.1 2 P:\ApAdu\JWolubou\RelOlutioDJ\2OO6\01-24-0S W. Ammou. CCN 723-739 Welt Sill SIreet ax: R.eIoJb: 1 connection with the acquisition of the Property; and 2 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 3 4 5 6 7 8 in the CEQA Initial Study dated October 11, 2005; and 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 9 10 11 12 13 WHEREAS, the Property Owner never made a CEQA challenge and the time has expir to do so; and 14 15 WHEREAS, Part 1 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 16 17 18 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, Walter L.B. Ammons, at the address of record on file at th office of the County Tax Collector and at the last known address for the owner of the Property and 19 20 21 22 23 24 25 WHEREAS, on July 10, 2006, the Agency received a letter from Louise E. Goebel actin as legal counsel from Walter L.B. Ammons ("Ammon's Legal Counsel") advising the Agenc that they intend to be present at this hearing to oppose the Resolution of Necessity action; and 26 27 28 4830-5504-1536.1 3 P:\Aaeadu\Rcloluaiolll\Pl'~""""'.\2OO6\07-24-05 w. AmmoDI- CCN 723-739 Welt 5. SIIect coc RcIO._ 1 WHEREAS, on July 24,2006, after not less than fifteen (IS) days written notice to th owner of the Property, the Commission conducted a hearing for the purpose of affording th owner of the Property a reasonable opportunity to appear and be heard on the matters referred t in Code of Civil Procedure Section 1240.030 and whether the Agency has met all othe prerequisites for the exercise of eminent domain to acquire the Property for the Plan an 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. 2 3 4 5 6 7 8 9 10 11 NOW THEREFORE, BE IT RESOLVED THAT THE COMMISSION FINDS DETERMINES AND DECLARES AS FOLLOWS: 12 13 Section 1. The information set forth in the above recitals of this Resolution is tru 14 and correct. 15 Section 2. The real property to be acquired under the authority of this Resolution i 16 located in the Project Area in the City of San Bernardino, California, and is also known as 723 739 West 5th Street, San Bernardino, California 92410 (San Bernardino County Assessor Parce Number 0134-093-07). The Property is more particularly described in the legal descriptio attached as Exhibit "A." The interest in the Property to be acquired consists of all of the fe simple absolute title interest in the Property, and all of the right, title and interest of each perso and owner of the Property including the acquisition of each and every possessory interest and al easements and appurtenances to the Property. 17 18 19 20 21 22 23 On July 6, 2006, the Agency transmitted a notice of hearing to the kno Section 3. 24 owner of record (Walter L.B. Ammons) at 735 West 5th Street San Bernardino, Californi 92410, the address on file with the office of the County Tax Assessor as shown on the las 25 26 equalized county assessment roll. 27 The Commission acknowledges receipt of the written reports an Section 4. 28 information relating to the Project Area, including the Staff Report and Agreement between th 4830-5504-1536.1 4 P:\ApQIW\R-_............\&eIUllltiouU006\07-24-0S w. AmmoDs - CCN 123-739 Welt Sda Snet ax:: ReIO.Goc: 1 Agency and Developer concerning the Plan, correspondence from the Owner's legal counsel an the appraisal of the Property, staff reports, and oral reports and information submitted to th Commission during the course of the hearing conducted on July 24, 2006. 2 3 4 Section 5. The Commission on behalf of the Agency finds and determines that th 5 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 Commission for community redevelopment purposes by the exercise of eminent domain an other relevant matters. 6 7 8 9 10 11 12 Section 6. The Commission declares its intent to acquire the Property for the PI 13 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 14 15 16 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. 17 18 Section 7. The Commission has found and determined that the acquisition of th 19 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. 20 21 22 In accordance with the provisions of Code of Civil Procedure Sectio Section 8. 23 1245.230, the Commission finds, determines, and declares as follows: 24 (a) The public interest, convenience and necessity require the acquisition of th 25 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 ElR and CEQA Initial Study date October 11, 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 26 27 28 4830-5504-1536.1 5 P:\AJllIIdu\RllIOlutiou'P................\2006\07.24-0S W. Ammou - CCN 723--739 Welt Sdt SIRct CDC &do.. 1 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 2 3 4 5 6 7 8 For the period of January II through April 11, 2006, the number of Part I Crimes within the are 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 11 through April 11, 2006 9 10 11 12 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. 13 14 15 16 17 18 19 20 The Plan and the Project are planned or located in the manner that will be mos (b) 21 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 ye 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 inadequat public improvements. (c) The Property described in this Resolution is necessary 22 23 24 25 26 27 28 4830-5504-1536.1 6 r:\AJeadu'~"'''ohnn..\ReIOIutioDI\2006\07.24-0S w. Ammlm. CCN 723.739 Wut Sth Street CDC RoIG.. 1 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. 2 3 4 (d) The purchase offer required by Government Code Section 7267.2 has been mail 5 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. 6 7 8 9 10 Section 9. (a) The law firm of Lewis Brisbois Bisgaard & Smith, LLP, as leg 11 counsel to the Agency ("Agency Counsel"), 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. 12 13 14 (b) The sum payable by the Agency as probable compensation for the acquisition 0 15 the Property by eminent domain, as determined by the appraisal, may, in the discretion 0 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 0 Agency Counsel to the County 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 Counsel. 16 17 18 19 20 21 22 Agency Counsel is also authorized, subject to the approval of the Executiv (c) 23 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. 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. 24 25 26 27 28 /II 4830-5504-1536.1 7 r:\ApDdu\llelOlutioDI\RnoIutioaJ\2OO6\07-24-0S w. AmmoDs - CCN 72]-739 Welt Sth snet CDC RcIo.ckK: 5 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 723-739 WEST 5TH STREET, SAN BERNARDINO, CALIFORNIA (APN: 0134-093-07) IN THE CENTRAL CITY NORTH REDEVELOPMENT PROJECf AREA 1 2 3 4 6 7 PASSED, APPROVED AND ADOPTED this 24thdayof Julv ,2006. 8 I CERTIFY that the foregoing Resolution was duly adopted by the Community 9 Development Commission of the City of San Bernardino at its ;oint regular meeting 10 held on July 24 , 2006 by the following vote, to wit: 11 Commission Members: Aves Navs Abstain Absent 12 ESTRADA .JL.. 13 BAXTER .JL.. 14 MCGINNIS .JL.. 15 DERRY .JL.. 16 KELLEY .JL.. 17 JOHNSON .JL.. 18 21 MC CAMMACK ---1L fJ/) J;-ik~ Secretary ! The foregoing resolution is hereby approved this d-1'O~'ay of July ,2006. 19 20 22 23 Q"""'~(" \. 24 25 trick . Morris, C' on Co unity Development Commission of the City of San Bernardino 26 Approved as to Form and Legal Content: 27 28 By: ~/41- Agency Co I 4830-5504-1536.1 8 P:\AjeDdu\bloIuaioOl\RelOkItiou\2006\07-24-05 W. Aulmou. CCN 723-739 Wut Slb Street COC ReIO.doc CDCj2006-29 EXHIBIT "A" ALL THAT PORTION OF LOT 6, BLOCK 26 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 A POINT ON THE NORTH LINE OF SAID LOT 6, 118 FEET WEST OF THE NORTHEAST CORNER OF SAID LOT; THENCE SOUTH 68.8 FEET; THENCE WEST 84.54 FEET; THENCE NORTH 68.8 FEET; THENCE EAST 84.45 FEET TO THE POINT OF BEGINNING.