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HomeMy WebLinkAboutCDC/2006-30 I' 1 RESOLUTION NO. CDCj2006-30 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 696 WEST STH STREET, SAN BERNARDINO, CALIFORNIA (APN: 0134-061-21,22, 2S and 30) 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"), 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 11 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 carmot be remedied by private parties acting alone without community redevelopment assistance' 15 16 17 18 19 20 and 21 WHEREAS, the Agency has acquired other real property in the Project Area; and WHEREAS, on March II, 2005, the Agency mailed a notice to the owners 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 696 West 5th Street, San Bernardino, CA 92410 (APN: 0134-061-21, 22, 25 and 30) (th 22 23 24 25 26 2? 28 "Property"); and 4830-5504-1536.1 I P:\AjeDdu\Rcaolutiuu\ReIOIulioBJ\2OO6\07-24-06 Bruce Ko. et &1- CCN 696 Wut Sdl. &reel CDC ReIo.dlK: 1 WHEREAS, the Property is improved with a restaurant that has been vacant for abou (10) years and is dilapidated, in disrepair and is another example of blight within the Projec Area that is an impediment to the economic rebirth of the Project Area; 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 Section g 7626.2(b) to the owners of record, to attempt to purchase th Property at the appraised value in lieu of condemnation, and on May 4, 2006, the Agency mail a purchase offer and surnmary statement of valuation in conformity with Government Cod Section g 7267 .2(b) to the owners of record of the Property based on the appraised value of th Property described in this Resolution; and WHEREAS, the Agency transmitted the offer to purchase the Property situated within th Project Area, based on the appraised value on May 4, 2006, to the owners 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 roll and the owners of record, Bruce Ko, Christopher Ko and He Ko (the "Property Owners"), received the Agency's offer; and WHEREAS, the Property Owners have not accepted the Agency Offer, requeste additional time in order to accept the Agency Offer or provide a counter offer and requested t be involved in the owner participation process; and WHEREAS, the Property Owners, through their legal counsel, have been involved i discussions with the Agency and its legal counsel regarding owner participation; and WHEREAS, thirty (30) days have passed since the Property Owners request fo additional time and the Property Owners have not provided further information regarding th purchase price or valuation; and WHEREAS, the Agency has not been able to satisfactorily complete a negotiate purchase with the owners of record of the Property to acquire the Property for communit redevelopment purposes; and 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4830-5504-1536.1 2 p;\Aanda&\Re...h........\RelOlutiuna\2OO6\07.24-06 8nK:e Ko. et aJ. CCN 696 We.. Sth Street CDC RcIo.doc 1 WHEREAS, the Agency has not been able to come to an agreement with the Propert Owners about owner participation; and 2 3 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 11, 2005; and WHEREAS, on or about September 7, 2004, the Agency considered and certifi Environmental Impact Report SCH#20030310n (the "EIR") in accordance with the CEQA fo 4 5 6 7 8 9 10 11 12 13 14 15 the Project Area, and the acquisition of property contemplated within the Plan and for the Projec is consistent with the EIR; and 16 17 WHEREAS, the Property Owners never made a CEQA challenge and the time h 18 expired to do so; 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 42 for 2004; and 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 5, 2006, notice of intent to adopt this Resolution was mailed to th owners of record of the Property, Bruce Ko, Christopher Ko and Henry Ko, at the address 0 record on file at the office of the County Tax Collector and at the last known address for th 19 20 21 22 23 24 25 26 27 28 owners of the Property; and 4830-5504-1536.1 3 P:\AJeIIdu\RnoIutiou\Rdolutiolls\2006\07.1~ Bruce KG. et 11- CCN 696 Well Stb Street COC R.c1O.Goc 1 WHEREAS, on July 24,2006, after not less than fifteen (15) days written notice to th Property Owners of the Property, the Commission conducted a hearing for the purpose 0 affording the owners of the Property a reasonable opportunity to appear and be heard on th matters referred to in Code of Civil Procedure Section 1240.030 and whether the Agency has me all other 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 69 West 5th Street, San Bernardino, California 92410 (San Bernardino County Assessor Parce Number 0134-061-21, 22, 25 and 30). The Property is more particularly described in the leg description attached as Exhibit "A." 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 owners of the Property including the acquisition of each and every possessory interes and all easements and appurtenances to the Property. 17 18 19 20 21 22 23 On July 5, 2006, the Agency transmitted a notice of hearing to the kno Section 3. 24 owners of record (Bruce Ko, Christopher Ko and Henry Ko) at 795 West 5th Street, S Bernardino, California 92410. 25 26 The Commission acknowledges receipt of the written reports an Section 4. 27 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, and 28 4830-5504-1536.1 4 P:\ApDdu\Relolutiou\lleIOIutioaI\2OO6\07-24-06 Bruce Ko. eI al. CCN 696 Welt Sib SlIm COC RcIO.doc 1 2 oral reports and information submitted to the Commission during the course of the hearin conducted on July 24, 2006. 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 6 7 8 9 10 Commission for community redevelopment purposes by the exercise of eminent domain an other relevant matters. 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 find 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. 14 15 16 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 EIR and CEQA Initial Study dat 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 26 27 28 4830-5504-1536.1 5 p:\Aplldas\Reao...tin.r..\Ile101utioDI\2006\()7.24-06 Bruce Ko. et 11. CCN 696 Wc1l51b Street COC ReIO.4lx: 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 2 3 4 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 11 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 this equates to 312.69 Part I Crimes per 1,000 people. Part I Crimes include murder, rape 5 6 7 8 9 10 11 12 13 assault, robbery, burglary, grand theft auto and other theft. Crimes such as dru 14 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. 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 initiat by the Agency and foster the reuse of a developed urban area that has stagnated in recent year under the burdens of economic obsolescence, small lot size, diverse ownership, absentee owners 22 23 24 25 26 tenant occupancy, high crime and code compliance cases, property tax liens and inadequat public improvements. 27 28 4830-5504-1536.1 6 P:\ApDdu\hsolutiou\Reso1utioDa\2006\07-24-06 8n&co KG, et al- CCN 696 Welt Sib Street CDC Reso.doc 1 The Property described in this Resolution is necessary for the Plan and th (c) 2 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 owne by the Agency within the Project Area. (d) The purchase offer required by Government Code Section 7267.2 has been mail to the owners of record of the Property by the Agency, and the Agency has not been successfu in 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. 3 4 5 6 7 8 9 10 Section 9. (a) The law firm of Lewis Brisbois Bisgaard & Smith, LLP, as lega 11 12 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. 13 14 15 (b) The sum payable by the Agency as probable compensation for the acquisition 0 16 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. 17 18 19 20 21 22 23 Agency Counsel is also authorized, subject to the approval of the Executiv (c) 24 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. 25 26 27 28 4830-5504-1536.1 7 P:\ApDdu\RaoIutiou\RuoWbWI\2006\07.24-06 Bruce Ko. at al. CCN 696 WoIlS. Street CDC Resu.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 696 WEST STH STREET, SAN BERNARDINO, CALIFORNIA (APN: 0134-061-21, 22, 2S and 30) IN THE CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA 2 3 4 5 6 ,2006. PASSED, APPROVED AND ADOPTED this 24th day of July 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 meeting ioint regular 10 held on . 2006 by the following vote, to wit: July 24 11 Commission Members: Aves ESTRADA x - BAXTER x - MCGINNIS x DERRY -1L KELLEY -1L JOHNSON -1L MC CAMMACK Navs Abstain Absent 12 13 14 15 16 17 18 -X-~~~ Secretary 1"j:!:. J:. day of ,2006. 19 20 21 July The foregoing resolution is hereby approved this 22 23 <:7"'"' - -,.. 24 . Morris, Ch . n Co 'ty Development Commission of the City of San Bernardino 25 26 Approved as to Form and Legal Content: 27 A~~ By: 26 4830-5504-1536.1 8 P:\AJmdu\R~...I..n.--\RoIoluticm\2Oll6'4J7-24-06 8n&ce KIl. et aJ. CCN 696 Welt Sib SCrcct coc Reso.doc CDC/2006-30 EXHIBIT "A" THAT PORTION OF LOT 2, BLOCK 38, CITY OF SAN BERNARDINO, IN THE COUNTY OF SAN BERNARDINO, AS PER .PLAT RECORDED IN BOOK 7 OF MAPS, PAGE 1, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: PARCEL NO.1: COMMENCING AT A POINT 139 FEET WEST OF THE SOUTHEAST CORNER OF SAID LOT 2; THENCE RUNNING WEST 41 1/2 FEET; THENCE NORTH 150 FEET TO THE NORTH LINE OF SAID LOT 2; THENCE EAST 41 1/2 FEET; THENCE SOUTH 150 FEET TO THE POINT OF BEGINNING. PARCEL 2: BEGINNING 180 1/2 FEET WEST OF THE SOUTHEAST CORNER OF SAID LOT 2; THENCE NORTH TO THE NORTH LINE OF SAID LOT, THENCE WEST 39 FEET; THENCE SOUTH TO THE SOUTH LINE OF SAID LOT, THENCE EAST 39 FEET TO THE POINT OF BEGINNING. PARCEL 3: BEGINNING AT A POINT 219 1/2 FEET WEST OF THE SOUTHEAST CORNER OF SAID LOT 2, THENCE NORTH 100 FEET, THENCE WEST 39 FEET, MORE OR LESS, TO A POINT 42 FEET EAST OF THE WEST LINE OF SAID LOT, THENCE SOUTH 100 FEET TO THE SOUTH LINE OF SAID LOT, THENCE EAST 39 FEET TO THE POINT OF BEGINNING. PARCEL 4: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 2, THENCE NORTH ALONG THE WEST LINE OF SAID LOT, 100 FEET, THENCE EAST 42 FEET, THENCE SOUTH AND PARALLEL WITH THE WEST LINE OF SAID LOT 2 A DISTANCE OF 100 FEET, TO THE SOUTH LINE OF SAID LOT; THENCE WEST ALONG THE SOUTH LINE TO THE POINT OF BEGINNING. PARCEL 5: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 2, THENCE RUNNING SOUTH ALONG "G" STREET, 50 FEET TO A POINT 100 FEET NORTH OF THE SOUTHWEST CORNER OF SAID LOT 2; THENCE EAST 81 FEET, MORE OR LESS, TO A POINT 219 1/2 FEET WEST OF THE EAST LINE OF SAID LOT; THENCE NORTH TO THE NORTH LINE OF SAID LOT; THENCE WEST ALONG THE NORTH LINE OF SAID LOT TO PLACE OF BEGINNING.