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HomeMy WebLinkAboutCDC/2006-44 , 1 2 3 4 5 6 7 8 RESOLUTION NO. CDC/2006-44 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 673 WEST 5TH STREET, SAN BERNARDINO, CALIFORNIA (SAN BERNARDINO SCHOOL PROPERTY/GARCIA - APN: 0134-101-02 AND 03) IN THE CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency"), a 9 public entity created pursuant to the Community Redevelopment Law (Health and Safety Code 10 Section 33000, et seq.), is authorized to acquire and redevelop blighted properties located in the 11 City of San Bernardino (the "City"), in accordance with the Community Redevelopment Law; and 12 WHEREAS, the Community Development Commission of the City of San Bernardino (the 13 "Commission"), as the governing board of the Agency, has authorized the Agency to assemble and 14 acquire real property for community redevelopment purposes in the Central City North 15 Redevelopment Project Area ("Project Area"); and 16 WHEREAS, the Project Area displays substantial and pervasive symptoms of blight that 18 17 cannot be remedied by private parties acting alone without community redevelopment assistance; 19 and WHEREAS, as of March 24, 2005, San Bernardino School Property, a General Partnership 20 ("SB School Property") was the owner of record for the property located at 673 West 5th Street, 21 San Bernardino, California (APN: 0134-101-02 and 03) ("Property"); and 22 WHEREAS, on March 24, 2005, the Agency sent a letter via certified mail to SB School 23 Property, the owner of record to 1127 South Main Street, Findlay, OH 45840, the address on file 24 with the office of the County Assessor, as shown on the last equalized County assessment roll of 25 the Property, informing them that the Agency was reviewing a plan for the redevelopment and 26 reuse of certain properties in the downtown area that included their Property and requested their 27 submission of statement of interest to participate; and 28 I P:\ApDdu\laolutiou\lt.nolutioAl\2006\IO-I6-06 Gama-SB SdKloI Property - CCN 67] Well 5th Strm CDC Rau.doc: 1 WHEREAS, SB School Property did not respond or return the Statement of Interest to 2 Participate; and 3 WHEREAS, on April 6, 2005, the Agency mailed a notice to the SB School Property, 4 owner of record of the real Property located within the Project Area as described and informed 5 such person that the Agency intended to appraise the Property for possible acquisition; and 6 WHEREAS, the Agency retained the services of an appraiser to appraise the Property and 7 the appraiser has reported an opinion of the fair market value ofthe improved Property; and 8 WHEREAS, the Agency has acquired and continues to acquire other real property in the 9 Project Area; and 10 WHEREAS, the San Bernardino County records indicate that on June 17,2005, SB School 11 Property executed a Grant Deed transferring APN: 0134-101-03 to Gerardo Garcia ("Garcia"); and 12 WHEREAS, on June 20, 2005, the Grant Deed executed by SB School Property to Garcia 13 for APN: 0134-101-03 was recorded as document number 2005-0487380 with the Office of the 14 County Recorder, County of San Bernardino; and 15 WHEREAS, as of June 20, 2005, SB School Property was the owner of record for APN: 16 0134-101-02 and Garcia was the owner ofrecord for APN: 0134-101-03 ("Property Owners"); and 17 WHEREAS, the building and improvements located at 673 West 5th Street, San Bernardino, 18 California are situated on both parcels; and 19 WHEREAS, due to the passage of time, the Agency obtained an updated appraisal for the 20 Property; and 21 WHEREAS, based upon such updated real property appraisal report, the Commission 22 authorized the Agency to send a purchase offer ("Offer") to the owners of record, to attempt to 23 purchase the Property at the appraised value in lieu of condemnation, and on June 30, 2006, the 24 Agency mailed an Offer to Garcia and SB School Property, the owners of record of the Property 25 based on the updated appraised value of the Property described in this Resolution; and 26 WHEREAS, the Agency transmitted the Offer to purchase the Property situated within the 27 Project Area, based on the updated appraised value on June 30, 2006, to the Property Owners at the 28 addresses of record on file with the office of the County Assessor, as shown on the last equalized 2 P:~IuIJ.w\1luo1uliou\2006\lo-l6-06 GlRia-SB SdIouI 1'ropa1'1- CCN 673 Welt 5thStr_ coc Itao.doc 1 County assessment roll; and 2 WHEREAS, on July 7, 2006, the Offer that was mailed to Garcia was returned to the 3 Agency by the United States Postal Service ("USPS") stating that the Post Office Box for Garcia 4 was closed and that the USPS was not able to forward the mail; and 5 WHEREAS, on July 13, 2006, the Offer that was mailed to SB School Property was 6 returned to the Agency from SB School Property stating that they are no longer the owner of parcel 7 number (APN: 0134-101-02); and 8 WHEREAS, the Agency has obtained a copy of the death certificate from the County of 9 San Bernardino showing that Garcia passed away on September 29,2005; and 10 WHEREAS, the Agency has not been able to negotiate a purchase with the Property 11 Owners to acquire the Property for community redevelopment purposes; and 12 WHEREAS, the Commission has served as the "lead agency" as defined in the California 13 Environmental Quality Act ("CEQA") for the purpose of conducting an environmental review in 14 connection with the acquisition of the Property; and 15 WHEREAS, on or about September 7, 2004, the Agency considered and certified 16 Environmental Impact Report SCH#20030310n (the "EIR") in accordance with CEQA for the 17 Project Area, and the acquisition of property contemplated within the Plan and for the Project is 18 consistent with the EIR; and 19 WHEREAS, the Property Owners never made a CEQA challenge and the time has expired 20 to do so; and 21 WHEREAS, on November 7, 2005, the Commission adopted Resolution No.CDC/2005-39 22 approving a Redevelopment Study Agreement and Exclusive Right to Negotiate (the "Agreement") 23 by and between the Agency and Watson & Associates Development Company, Inc. (the 24 "Developer"), and adopted the Mitigated Negative Declaration for the Downtown Mixed Use 25 Project Plan (the "Plan") and for the Project (the "Project") described in more detail in the CEQA 26 Initial Study dated October 11,2005; and 27 WHEREAS, Part I Crimes within the area of the Plan and Project were reported as ninety 28 (91) incidents of crime for the period January 11 through April 11, 2006, four hundred thirty-six 3 P\Agendas\Resolutions\Resolutions\2006\I(}']6-06 Garcia-5B School Property - eeN 673 West 5th Street CDC Reso,doc 1 (436) for 2005 and four hundred twenty-six (426) for 2004; and 2 WHEREAS, the Agreement contemplates the Agency acquiring or obtaining control of 3 parcels necessary for the Plan either through purchase negotiations or alternatively, by eminent 4 domain proceeding, if necessary; and 5 WHEREAS, on September 27, 2006, Notice of Intent to adopt this Resolution was mailed 6 to the Property Owners at the addresses of record on file at the office of the County Assessor for 7 the owners of the Property; and 8 WHEREAS, on October 16, 2006, after not less than fifteen (15) days written notice to the 9 Property Owners, the Commission conducted a hearing for the purpose of affording the owners of 10 the Property a reasonable opportunity to appear and be heard on the matters referred to in Code of 11 Civil Procedure Section 1240.030 and whether the Agency has met all other prerequisites for the 12 exercise of eminent domain to acquire the Property for the Plan and community redevelopment 13 purposes;and 14 WHEREAS, the Commission has determined as a result of such hearing on October 16, 15 2006, that the public health, safety and welfare require the Agency to acquire the subject Property 16 for community redevelopment purposes and to facilitate the Project. 17 NOW, THEREFORE, BE IT RESOLVED THAT THE COMMISSION FINDS, 18 DETERMINES AND DECLARES AS FOLLOWS: 19 Section 1. The information set forth in the above recitals of this Resolution is true and 20 correct. 21 Section 2. The Property to be acquired under the authority of this Resolution is located 22 in the Project Area in the City of San Bernardino, California, and is also known as 673 West 5th 23 Street, San Bernardino, California 92410 (San Bernardino County Assessor's Parcel Number 0134- 24 101-02 and 03). The Property is more particularly described in the legal description attached as 25 Exhibit "A." The interest in the Property to be acquired consists of all of the fee simple absolute 26 title interest in the Property, and all of the right, title and interest of each person and owners of the 27 Property including the acquisition of each and every possessory interest and all easements and 28 appurtenances to the Property. 4 P:\Agendas\Resollltions\Rerollllions\2006\ 10-16-06 Garcia-S8 School Propeny. eeN 673 West 5th Street CDC Roo.doc 1 Section 3. On September 27, 2006, the Agency transmitted a notice of hearing to the 2 known owner of record for APN: 0134-101-02 (San Bernardino School Property, a General 3 Partnership) at 1127 South Main Street, Findlay, Ohio 45840, the address of record on file at the 4 office of the County Assessor. On September 27, 2006, the Agency transmitted a notice of hearing to the 5 Section 4. 6 known owner of record for APN: 0134-101-03 (Gerardo Garcia) at Post Office Box 3, Highland, 7 California 92346, the address of record on file at the office of the County Assessor. 8 Section 5. The Commission acknowledges receipt of the written reports and 9 information relating to the Project Area, including the Staff Report and Agreement between the 10 Agency and Developer concerning the Plan, and the appraisal of the Property, staffreports and oral 11 reports and information submitted to the Commission during the course of the hearing conducted 12 on October 16, 2006, or as may be on file with the Agency Secretary. 13 Section 6. The Commission, on behalf of the Agency, finds and determines that the 14 hearing conducted by the Commission on this matter on October 16,2006, was full and fair, and 15 that each interested person has been afforded a full and fair opportunity to present evidence and 16 testimony relating to assembly of land for the Plan, and the matters described in Code of Civil 17 Procedure Section 1240.030, and the acquisition of the Property, and all interests in it, by the 18 Commission for community redevelopment purposes by the exercise of eminent domain and other 19 relevant matters. 20 Section 7. The Commission declares its intent to acquire the Property for the Plan and 21 in furtherance of community redevelopment purposes in the name of the Agency in accordance 22 with the laws of the State of California including the Community Redevelopment Law and Health 23 and Safety Code Sections 33391 and 33492.40. The Commission further finds and determines that 24 all of the prerequisites to the exercise of eminent domain by the Agency with respect to such 25 acquisition of the Property for the Plan have been met. The Commission has found and determined that the acquisition of the 26 Section 8. 27 Property for the Plan is an activity, which is covered under a Mitigated Negative Declaration 28 adopted by the Commission on November 7, 2005 and a Notice of Determination was filed with 5 P:\Agendas\Resolutions\Resolutions\2006\I(}"]6-06 Garcia-SB School Propeny - eeN 673 West 5th Street CDC Reso,doc 1 the Clerk of the County on November 10,2005. 2 Section 9. The Commission has found and determined the following: I) The public 3 interest and necessity requires the Project; 2) The Project is planned or located in a manner that 4 will be most compatible with the greatest public good and least private injury; 3) The Property 5 sought to be acquired is necessary for the Project; 4) The Commission has not made a 6 predetermination to proceed with the Project, regardless of the record; 5) The offer to acquire did 7 include compensation for all property rights and interest taken or damaged; 6) The environmental 8 processing was accomplished according to law; and 7) Notice of this hearing was adequate. 9 Section 10. In accordance with the provisions of Code of Civil Procedure Section 10 1245.230, the Commission finds, determines, and declares as follows: 11 (a) The public interest, convenience and necessity require the acquisition of the 12 Property for the Project, as necessary to alleviate conditions of blight in the Project Area, which are 13 documented and described in more detail in the 2004 EIR and CEQA Initial Study dated October 14 II, 2005, which Initial Study and Mitigated Negative Declaration was approved on November 7, 15 2005, and to provide for the orderly redevelopment ofthe Property and other real property included 16 in the Project Area. The assembly and redevelopment of the Property is necessary as the Project 17 Area displays a number of conditions of blight, including, without limitation, prevalence of 18 absentee owners, high volume of code compliance cases, crime statistics substantially higher than 19 the City rate, the presence of old structures that show signs of dilapidation and deterioration and 20 small or substandard lot sizes within the Project Area, including the subject Property, and a diverse 21 pattern of land ownership which prevent or substantially hinder the economically viable use of 22 such real property in its present condition. For the period of January II through April II, 2006, 23 the number of Part I Crimes within the area of the Plan and Project were ninety-one (91). For the 24 2005 period, there were four hundred thirty-six (436) Part I Crimes. For the 2004 period, there 25 were four hundred twenty-six (426) Part I Crimes. For the period of January II through April II, 26 2006, this equates to three hundred thirteen (313) Part I Crimes per one thousand (1,000) people. 27 Part I Crimes include murder, rape, assault, robbery, burglary, grand theft auto and other theft. 28 Crimes such as drug use/possession/sale, panhandling, prostitution, etc., are not included in the 6 P:\AgendaslResollllions\Resolutions\2006\1O-16-06 Garcia-5B School Property - eeN 673 West 5th Street CDC Reso.doc 1 figures. Acquisition and assembly of the Property for community redevelopment purposes, the 2 Plan and the Project, together with other lands already owned by the Agency in the Project Area, 3 will foster the elimination of blight and assist with the redevelopment of the Project Area, and 4 assist with elimination of blight in other lands in proximity to the Project Area. The Plan and the 5 Project include, without limitation, mixed income and mixed commercial and residential uses. 6 (b) The Plan and the Project are planned or located in the manner that will be most 7 compatible with the greatest public good and the least private injury in light of the fact that the real 8 property included in the Project Area displays a number of symptoms of blight. The Plan and 9 Project shall also facilitate the completion of a land assembly program previously initiated by the 10 Agency and foster the reuse of a developed urban area that has stagnated in recent years under the 11 burdens of economic obsolescence, small lot size, diverse ownership, absentee owners, tenant 12 occupancy, high crime and code compliance cases, property tax liens and inadequate public 13 improvements. 14 (c) The Property described in this Resolution is necessary for the Plan and the Project, 15 as its acquisition and reuse for the Plan and the Project is part of a neighborhood plan to eliminate 16 blight and provide for the redevelopment and improvement of the other lands owned by the 17 Agency within the Project Area. 18 (d) The Offer required by Government Code Section 7267.2 has been mailed to the 19 owners of record of the Property by the Agency, and the Agency has not been successful in 20 acquiring the Property based upon the conditions contained within the Offer. The Commission 21 deems it appropriate and necessary to approve the Agency acquisition of the Property for assembly 22 for the Plan and the Project. 23 Section 11. (a) The law firm of Lewis Brisbois Bisgaard & Smith, LLP, as legal 24 counsel to the Agency ("Agency Counsel"), is authorized and directed to prepare, institute and 25 prosecute in the name of the Agency such proceedings in the court having jurisdiction, as may be 26 necessary for the acquisition of the Property. 27 (b) The sum payable by the Agency as probable compensation for the acquisition of the 28 Property by eminent domain, as determined by the appraisal, may, in the discretion of Agency 7 P:\ApndulJlctoJlltioN\IlaolulionJl2006\IG-I6-06 ~ia-SB Sdxloll'ropcJ1y- CCN 673 Wm StbS1JOelCDC Rao.lb.: 1 Counsel, accompany the filing of the complaint and may be deposited as follows: (i) with the State 2 of California in the manner provided by law, or upon the recommendation of Agency Counsel to 3 the County Treasury or (ii) at the election of the person(s) who may claim an interest in the 4 Property to be acquired by such condemnation proceedings, in such other manner as such 5 interested person(s) may request in writing, subject to the approval of the Executive Director of the 6 Agency and Agency Counsel. 7 (c) Agency Counsel is also authorized, subject to the approval of the Executive 8 Director of the Agency, to engage in settlement negotiations and, if possible, arrange for purchase 9 of the Property in lieu of condemnation at the appraisal price prior to or subsequent to filing a 10 condemnation complaint to commence acquisition of the Property by eminent domain. 11 Section 12. The Secretary of the Commission is authorized and directed to certify the 12 adoption of this Resolution. This Resolution shall take effect upon adoption. 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 26 III 27 III 28 III 8 P:\ApDduIJUlo....ioDlI\Iaolulioal\2OO6\ID-I6-06 G.cia-SB Sdlool Property - CCN 673 West 5th Street COC Keto.doe 1 2 3 4 5 6 7 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 673 WEST 5TH STREET, SAN BERNARDINO, CALIFORNIA (SAN BBERNARDINO SCHOOL PROPERTY/GARCIA - APN: 0134-101-02 AND 03) IN THE CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA PASSED, APPROVED AND ADOPTED this...l.6..th day of n~rnhpT 2006. 8 I CERTIFY that the foregoing Resolution was duly adopted by the Community meeting 9 Development Commission of the City of San Bernardino at its joint TPg"l ~T , 2006 by the following vote, to wit: 10 held on October 16 11 Commission Members: 12 ESTRADA 13 BAXTER 14 VACANT 15 DERRY 16 KELLEY 17 JOHNSON 18 MC CAMMACK 19 20 Aves Abstain Absent Navs x x x x x ~ -:J - IVJ' ~~- Secretary 21 The foregoing resolution is hereby approved this \tT\\.,day of October 22 23 24 25 Approved as to Form: 26 27 By: 28 ,2006. ~~ Agency 0 sel 9 P:\AaeDdII\ileIolutionl\Kaolutionl\2006\IO-I6-06 Garcit-SB Sdlool Property - CCN 673 Welt 5th StreeC CDC Jlao.doe CDC/2006-44 Exhibit "A" APN: 0134-101-02 A PORTION OF LOTS 5 AND 6, BLOCK 27, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, As PER PLAT RECORDED IN BOOK 7 OF MAPS, PAGE I, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS, COMMENCING AT A POINT ON THE NORTH LINE OF LOT 6, 20 FEET EAST OF THE NORTHWEST CORNER THEREOF; THENCE THENCE WEST 50 FEET; THENCE SOUTH 148 FEET, 8 INCHES; THENCE EAST 50 FEET; THENCE NORTH TO THE POINT OF BEGINNING. APN: 0134-101-03 PORTION OF LOT 6, BLOCK 27,IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 7 OF MAPS, PAGE I, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS, BEGINNING AT A POINT ON THE NORTH LINE OF SAID LOT 6, 20 FEET EAST OF THE NORTHWEST CORNER THEREOF; THENCE EAST 40 FEET; THENCE SOUTH 148 FEET, 8 INCHES TO A POINT 150 FEET NORTH OF THE SOUTH LINE OF SAID LOT; THENCE WEST 40 FEET; . THENCE NORTH 148 FEET, 8 INCHES TO THE POINT OF BEGINNING.