HomeMy WebLinkAboutR36-Economic Development Agency
ECONOMIC DEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO
FROM:
Maggie Pacheco
Deputy Director
SUBJECT:
HEARING - RESOLUTION OF PUBLIC
INTEREST AND NECESSITY FOR
ACQUISITION OF REAL PROPERTY: 2073
N. NEWCOMB STREET (AP# 1191-021-21),
SAN BERNARDINO, CALIFORNIA
DATE:
November 3, 2004
OR\G\NAL
Synopsis of Previous Commission/Council/Committee Action(s):
On September 15,2003, the Community Development Commission and the Mayor and Common Council approved a
2003 Redevelopment Cooperation Agreement by and among the Inland Valley Development Agency ("IVDA"),
Redevelopment Agency of the City of San Bernardino ("Agency") and the City of San Bernardino ("City") relating to
the initiation of studies for the redevelopment of lands previously acquired by the Agency and relating to transfer or
delegation of redevelopment authority to the Agency as it relates to acquisition and development of properties in the
north Arden-Guthrie Area ("Arden-Guthrie Implementation Area").
(Communitv Development Commission)
MOTION:
A 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 KNOWN AS 2073 N. NEWCOMB STREET, SAN BERNARDINO, CALIFORNIA
(AP# 1191-021-21) IN THE ARDEN GUTHRIE IMPLEMENTATION AREA (IVDA
REDEVELOPMENT PROJECT AREA)
Contact Person( s):
Maggie Pacheco
Inland Valley Redevelopment
Project Area (IVDA)
Phone:
(909) 663-1044
7
Project Area(s)
Ward(s):
Supporting Data Attached: 0 Staff Report 0 Resolution(s) 0 Agreement(s)/Contract(s) 0 Map(s) 0 Letters
Approx. Community Development Block Grant
FUNDING REQUIREMENTS Amount: $ 29,000 Source: (CDBG)
~ Bwlg" AUll":' 2003/2004 EDA Bu"ll"
s~~~:~~~_____:~,,:~:~,~,:__!Si?~
Commission/Council Notes:
12ESO ~ CO::IZ<XYl-4?,
P:\Agendas\Conun Dev Commission\CDC 2004\04-11-15 PI & Nee. 2073 N. Newcomb St. SR.doc
COMMISSION MEETING AGENDA
Meeting Date: 11/15/2004
Agenda Item Number: Q3~
ECONOMIC DEVELOPMENT AGENCY
STAFF REPORT
Hearing - Resolution of Public Interest and Necessity for Acquisition of Real Property:
2073 N. Newcomb Street (AP# 1191-021-21), San Bernardino, California
BACKGROUND/CURRENT ISSUE:
On May 11, 2004 and again on June 11, 2004, the Agency sent purchase offers to Property Owner
Lydia Mayer, of the real property located at 2073 N. Newcomb Street, San Bernardino (the
"Property"), within the Arden-Guthrie Implementation Area of the Inland Valley Redevelopment
Project Area. On the date of this writing, the Property Owner has not responded to the Agency's
offers or communicated with the Agency. On September 15, 2004, a notice of intent to adopt a
resolution of necessity for condemnation of the Property was sent to Owner advising of a hearing
scheduled for October 4, 2004, and the Commission approved a Resolution of Necessity for
condemnation of the Property after said hearing was afforded to the Property Owner. After the
hearing of October 4, 2004, it was discovered that Rafael S. Orantes, Hector M. Moreno, and Roberto
Romo (collectively "New Owners") purchased the Property at a tax sale from the County Tax
Collector on or about August 6, 2004 for the sum of $22,500. Subsequently, on October 7, 2004, the
Agency sent an increased offer to purchase the Property, in the sum of $22,500, to the New Owners.
The New Owners on October 16,2004, rejected said Agency purchase offer. (Resolution documents
certain correspondence and discussions that occurred between Agency Staff, Legal Counsel, and Mr.
Orantes).
Consequently, in conformance with the Code of Civil Procedure Section 1245.235, on October 21,
2004, a notice of the November 15, 2004 hearing on adopting a Resolution of Public Interest and
Necessity was sent by certified mail to the New Owners, whose name and address appears on the Tax
Deed to New Owners of Tax-Defaulted Property dated September 15, 2004 and recorded on
September 17,2004, in order to afford such Property Owner a reasonable opportunity to be heard by
the Commission. The Hearing by the Commission and the adoption of the Resolution of Public
Interest and Necessity are legal preconditions to the exercise of the Commission's power of eminent
domain. Moreover, Code of Civil Procedure Section 1245.230 requires that the Commission make
the following findings and that each be included in the Resolution of Necessity:
1. The public interest and necessity requires the acquisition of the Parcel: Although no
specific development has been proposed at this time, the Property is located within the Inland
Valley Development Agency ("IVDA") Redevelopment Project Area ("Project Area") and
Arden Guthrie Implementation Area ("Area"), whereby the Agency is conducting studies to
redevelop the Area to conform to the general plan land use. Moreover, over the past decade,
the Agency has acquired a number of parcels of land adjacent to or within the vicinity of the
Property as the opportunity arose and through negotiated sales. The Agency deems it
necessary to continue this program of land assembly and to acquire this Property to provide
sufficient contiguous land for potential future commercial development. The acquisition of
the Property will further enhance the ability of the Agency to complete the assembly of lands
for appropriately sized sites for future development of commercial, retail, and recreational
purposes within the Area ("Project") consistent with the City's General Plan.
P:\Agendas\Comm Dev Commission\CDC 2004\04-11-15 PI & Nee. 2073 N. Newcomb $1. SR,doc
COMMISSION MEETING AGENDA
Meeting Date: 11/15/2004
Agenda Item Number:
Economic Development Agency Staff Report
Property Acquisition-2073 N. Newcomb Street
Page 2
2. The proposed Proiect is planned or located in a manner that will be most compatible
with the ereatest public eood and the least private iniury: For more than a decade, the
Agency has assembled land within the Area. The Agency has, as of June 30, 2004, incurred a
redevelopment indebtedness in excess of ten million dollars in connection with its efforts to
address conditions of blight in the Area to foster a commercially viable and economically
sustainable plan of redevelopment and reuse of the properties within the Project Area and to
prevent the spread of blight in the Project Area into other surrounding neighborhoods and
communities. As noted above, the Agency and the IVDA entered into the 2003
Redevelopment Cooperation Agreement (the "Cooperation Agreement"), which allows the
Agency to act for and on behalf of the IVDA as set forth in the IVDA Redevelopment Plan,
pursuant to the Community Redevelopment Law, affecting any properties situated in the Area.
The Cooperation Agreement in Section 3 specifically authorizes the Agency, either in its
name or on behalf of the IVDA, to exercise all powers of Eminent Domain, if deemed
necessary in the discretion of the Agency to acquire and dispose of real property within the
Area. On April 14, 2004, the San Bernardino Superior Court entered a judgment in the
validation action filed by the IVDA in case number SCV 112588, confirming that the
Cooperation Agreement is legal and binding and that the Agency may exercise Eminent
Domain powers pursuant to the Cooperation Agreement without further action by the IVDA.
The assembly and redevelopment of the Property is necessary as the Project Area displays a
number of conditions of blight including the presence of old structures that show signs of
dilapidation and deterioration. Small lot configurations within the Project Area, including the
subject Property, prevent or substantially hinder the economically viable use of such real
property in their present condition and City zoning classification. Redevelopment of the
Property will eliminate blight, provide needed commercial, retail, and recreational
redevelopment of the Area, and assist with elimination of blight in other areas in proximity to
the Project.
3. The subiect Parcel is necessary for the proposed Proiect: The Agency previously acquired
several parcels of real property adjacent to or in the vicinity of the Parcel, and desires to
acquire this Property to provide sufficient contiguous land for the Project. The Project is
planned or located in the manner that will be most compatible with the greatest public good
and the least private injury in light of the fact that the real property included in the Project
Area displays a number of symptoms of blight. The Project shall also facilitate land assembly
and reuse of a developed urban area that has stagnated in recent years under the burdens of
small lot size, diverse ownership, property tax liens, changed zoning. The Project shall also
confer substantial environmental benefits upon the Project Area and the community generally,
in accordance with the General Plan of the City of San Bernardino.
4. The Government Code ~ 7267.2(a) offers have been made to the record property owners:
On May 11, 2004 and again on June 11,2004, the Agency submitted formal acquisition offers
to the Property Owner for the subject Property and the Property owner failed to respond to
said offers. In addition, on October 7, 2004, the Agency sent a new offer to purchase to the
New Owners and said New Owners rejected said offer to purchase. The offers comply with
Govemment Code ~ 7267.2.
P:\Agendas\Comm Dev Commission\CDC 2004\04-1 ] -15 PI & Nee. 2073 N, Newcomb St. SR.doc
COMMISSION MEETING AGENDA
Meeting Date: 11/15/2004
Agenda Item Number:
Economic Development Agency Staff Report
Property Acquisition-2073 N. Newcomb Street
Page 3
ENVIRONMENTAL IMPACT:
The proposed action is exempt from CEQA, pursuant to S 15332, Class 32 which consists of projects
such as the acquisition of small, isolated parcels of vacant land, characterized as in-fill development
meeting the conditions described as follows: (a) the Project is consistent with the applicable general
plan designation and all applicable general plan policies as well as with applicable zoning designation
and regulations; (b) the proposed Project, which in this case consists of the acquisition of a small,
isolated parcel of vacant land of approximately 7,200 square feet, is within the city limits, is less than
five acres substantially surrounded by urban uses; (c) the Project site has no value as habitat for
endangered, rare or threatened species; (d) approval of the Project would not result in any significant
effects relating to traffic, noise, air quality, or water quality and furthermore no specific plan for
development is being proposed for the Arden Guthrie Implementation Area at this time; and (e) the
Project is adequately served by all required utilities and public services.
FISCAL IMPACT:
The cost to acquire the subject Property is estimated at $22,500 plus court costs and legal expenses
normally associated with condemnation proceedings for an approximate total expenditure of$29,000.
RECOMMENDATION:
That the Community Development Commission adopt the attached Resolution.
j~Q
aggje;aL/De~
P:\Agendas\Comm De" Commission\CDC 2004\04-11-15 PI & Nee. 2073 N. Newcomb 51. SR.doc
COMMISSION MEETING AGENDA
Meeting Date: 11/15/2004
Agenda Item Number:
CCO~y
2
RESOLUTION NO. 2004-
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 KNOWN AS 2073 N. NEWCOMB
STREET, SAN BERNARDINO, CALIFORNIA (AP# 1191-021-21) IN
THE ARDEN GUTHRIE IMPLEMENTATION AREA (IVDA
REDEVELOPMENT PROJECT AREA)
3
4
5
6
7
8
WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency"),
9
public entity created pursuant to the Community Redevelopment Law (Health and Safety Code ~
33000 et seq.), is authorized to acquire and redevelop blighted properties located in the City 0
10
11
San Bernardino (the "City"), in accordance with the Community Redevelopment Law; and
12
WHEREAS, the Community Development Commission of the City of San Bernardin
13
(the "Commission"), as the governing board of the Agency, authorized the Agency to assemble
14
and acquire real property for community redevelopment purposes in the Arden-Guthri
15
neighborhood (the "Arden-Guthrie Implementation Area"); and
WHEREAS, the Arden-Guthrie Implementation Area displays substantial and pervasiv
16
17
symptoms of blight that cannot be remedied by private parties acting alone without communit
18
redevelopment assistance; and
19
WHEREAS, the Inland Valley Development Agency (the "IVDA") may acquire rea
20
property located with the redevelopment project area of the Inland Valley Redevelopmen
Project Area (the "Project Area") by condemnation if necessary as part of the redevelopmen
21
22
plan for civilian reuse and redevelopment of the former Norton Air Force Base and certain land
23
in close proximity to the former Norton Air Force Base; and
24
WHEREAS, the Arden-Guthrie Implementation Area is located within the IVDA Projec
25
Area; and
4837-4503-2192.1
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WHEREAS, the Agency and IVDA entered into a Redevelopment Cooperatio
2 Agreement, dated as of October 8, 2003 (the "Cooperation Agreement"), which authorizes th
4 to acquisition and redevelopment of properties situated in the Arden-Guthrie Implementatio
3 Agency to act on behalf of the NDA, as set forth in the IVDA Redevelopment Plan, with respec
5 Area; and
6 WHEREAS, prior to the date of the Cooperation Agreement, the Agency acquired othe
7 real property in the Arden Guthrie Implementation Area; and
8 WHEREAS, Section 3 of the Cooperation Agreement authorizes the Agency, either in it
9 name or on behalf of the IVDA, to exercise all powers of eminent domain of the NDA, i
10 deemed necessary in the discretion of the Agency to acquire real property within the Arden
II Guthrie Implementation Area for community redevelopment purposes; and
12 WHEREAS, the Agency retained an appraiser to appraise unimproved property located a
13 2073 N. Newcomb Street, San Bernardino, CA 92404, APN 1191-021-21 (the "Property"), an
14 the appraiser reported an opinion of the fair market value and just compensation for the Property'
15 and
16 WHEREAS, based upon such real property appraisal report, the Commission authorize
18 the Property from her at the appraised value of $22,200 in lieu of condemnation, and on May 11
19 2004 and June 11, 2004 the Agency mailed purchase offers to the owner of record of th
17 the Agency to send a purchase offer to the owner of record, Lydia Mayers, to attempt to purchas
20 Property based on the appraised value of the Property described in this Resolution; and
21 WHEREAS, the purchase offer mailed to Lydia Mayers, the owner of record of th
22 Property on May 11,2004, at the address on file with the office of the County Tax Assessor, wa
23 returned by the Post Office undelivered, after diligent inquiry and reasonable research anothe
24 possible address for the owner of the Property was located and the June 11,2004 purchase offe
25 was mailed to her at that additional address but the offer was returned by the Post Offic
undelivered and, after diligent inquiry and reasonable research, no other current address fo
4837-4503-2192.1
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Lydia Mayers could be located; and
2 WHEREAS, the Property, at the time the purchase offers were mailed to Lydia Mayers
3 was subject to real property tax liens for delinquent tax payments; and
4 WHEREAS, an updated title report and Litigation Guarantee dated August 11, 200
7 she was still owner of record; and
5 confirmed that Lydia Mayers was still owner of record of the Property as of that date, an
6 supplemental information provided by the title company on or about August 18, 2004 indicate
8 WHEREAS, on or about August 12, 2004 Raphael Orantes telephoned the Agency an
9 advised that he had been in the process of buying the Property from Lydia Mayers since Jun
10 2004 and was aware of the Agency's interest in the Property; and
11 WHEREAS, on August 16, 2004 records of the County Recorder were searched, whic
12 revealed that as of August 12,2004 Lydia Mayers was still owner of record of the Property; and
13 WHEREAS, between August 12, 2004 and August 31, 2004 Raphael Orantes wa
14 informed about the Agency's prior purchase offers to Lydia Mayers, the Agency's interest i
15 obtaining the Property by consensual sales transaction or condemnation; and
16 contemplated development by Raphael Orantes is not allowed by current zoning; and
17 WHEREAS, on August 31, 2004 Rafael Orantes advised by telephone that he had not ye
18 acquired an ownership interest in the Property and would not disclose the current address 0
19 telephone number of Lydia Mayers; and
20 WHEREAS, on September 15, 2004 notice of intent to adopt a resolution of necessity fo
21 condemnation of the Property, at a hearing scheduled on October 4, 2004, was mailed to Lydi
22. Mayers and to Raphael Orantes at their only known addresses, and notice was also published i
23 the Sun newspaper on September 20, 2004; and
24 WHEREAS, on October 4,2004 the Commission approved a resolution of necessity for
25 condemnation of the Property; and
4837-4503-2192.1
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.............. ..... ..,~~ ..A....!l.IlIloIa~~__a.lIO!. r~D.....~....
2
WHEREAS, after October 4, 2004, a copy of a tax deed recorded on September 17, 200
was obtained, showing that Rafael S. Orantes, Hector M. Moreno and Roberto Rom
8
address; and
3
(collectively the "New Owners") purchased the Property at a tax sale from the County Ta
Collector on or about August 6, 2004 for the sum of $22,500; and
4
5
WHEREAS, on or about October 7,2004, the Agency sent an increased offer to purchas
the Property, equal to the amount paid by the New Owners to acquire the Property on or abou
August 6, 2004, and the Agency mailed a purchase offer to the New Owners at their only know
6
7
9
WHEREAS, on or about October 16, 2004, the New Owners mailed a written rejection 0
the Agency's $22,500 purchase offer, signed by Rafael Orantes, Hector M. Moreno and Roberto
10
11
Romo; and
12
WHEREAS, the Agency transmitted offers to purchase the Property situated within th
13
Project Area, based on the appraised value, to all owners of record ofthe Property; and
14
WHEREAS, the owners of record of the Property did not accept the purchase offer
15
submitted by the Agency; and
16
WHEREAS, the Agency has not been able to satisfactorily complete a negotiate
17
purchase with the owners of record of the Property to assemble and acquire the Property fo
18
community redevelopment purposes; and
19
WHEREAS, on April 14, 2004, the San Bernardino Superior Court entered a judgment i
the validation action filed by the IVDA in case number SCV 112588, confirming that th
20
21
Cooperation Agreement is legal and binding and that the Agency may exercise eminent domai
22
powers pursuant to the Cooperation Agreement without further action by the IVDA; and
23
WHEREAS, although no formal "Arden-Guthrie Reuse Project" as this term is defined i
24
the Cooperation Agreement, has been identified by the Agency at this time, nevertheless, th
25
Commission may serve as the "lead agency" as defined in CEQA for the purpose of conductin
an environmental review in connection with the acquisition of the Property; and
4837-4503-2192.\ -4-
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WHEREAS, for the proposed CEQA analysis at this time for the proposed projec
2 consists of land assembly of isolated parcels of vacant real property in support of th
8 the New Owners of the Property, the Commission conducted a hearing for the purpose 0
3 redevelopment of the Arden Guthrie Implementation Area; and
4 WHEREAS, on October 21, 2004 notice of intent to adopt this Resolution was mailed t
5 the New Owners of record of the Property, Rafael S. Orantes, Hector M. Moreno and Robert
6 Romo, at their only known address where they previously received correspondence; and
7 WHEREAS, on November 15, 2004, after not less than fifteen (15) days written notice t
9 affording the New Owners of the Property a reasonable opportunity to appear and be heard 0
10 the matters referred to in Code of Civil Procedure ~ 1240.030 and whether the Agency met al
11 other prerequisites for exercise of eminent domain to acquire the Property for communit
12 redevelopment purposes; and
13 WHEREAS, the Commission has determined as a result of such hearing on Novembe
14 15, 2004, that the public health, safety and welfare require the Agency to acquire the subjec
15 Property for community redevelopment purposes.
16 NOW THEREFORE, BE IT RESOLVED THAT THE COMMISSION FINDS
17 DETERMINES AND DECLARES AS FOLLOWS:
Section 1.
The information set forth in the above recitals of this Resolution is tm
18
19 and correct.
Section 2.
The real property to be acquired under the authority of this Resolution (th
20
21 "Property") is located in the Arden-Guthrie Implementation Area in the City of San Bernardino
22 California, and is also known as 2073 N. Newcomb Street, San Bernardino, California 9240
23 (San Bernardino County Assessor Parcel Numbers 1191-021-21). The Property is mor
24 particularly described in the legal descriptions attached collectively as Exhibit "A." The interes
25 in the Property to be acquired consists of all of the fee simple absolute title interest in th
Property, and all of the right, title and interest of each person and owner of the Propert
4837-4503-2192.1 -5-
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including the acquisition of each and every possessory interest
Section 4.
The Commission acknowledges receipt of the written
2 appurtenances to the Property.
Section 3.
On October 21, 2004, the Agency transmitted a notice of hearing to eac
3
4 known owner of record (Rafael S. Orantes, Hector M. Moreno and Roberto Romo) at 311
5 Rodeo Place, Ontario, CA 92401-1507.
6
7 information relating to the implementation of the Cooperation Agreement in the Arden-Guthri
8 Implementation Area, including the preliminary discussions of the Agency staff with thir
9 parties qualified to undertake the redevelopment of the Arden-Guthrie Implementation Area, 0
10 portions of it, and the appraisal of the Property, staff reports, and oral reports and informatio
11 submitted to the Commission during the course of the hearing conducted on November 15,2004.
12
Section 5.
The Commission on behalf of the Agency finds and determines that th
13 hearing conducted by the Commission on this matter on November 15,2004, was full and fair
14 and that each interested person has been accorded a full and fair opportunity to present evidenc
15 and testimony relating to assembly of land for the proposed Project Development, and th
16 matters described in Code of Civil Procedure ~ 1240.030, and the acquisition of the Property
17 and all interests in it, by the Agency for community redevelopment purposes by the exercise 0
18 Eminent Domain and other relevant matters.
Section 6.
The Commission declares its intent to acquire the Property for communit
19
20 redevelopment purposes in the name of the Agency in accordance with the laws of the State 0
21 California including the Community Redevelopment Law and Health and Safety Code ~~ 33391
22 and 33492.40, and pursuant to the Cooperation Agreement (the "Project"). The Commissio
25
Section 7.
The Commission has found and determined that the acquisition of th
23 further finds and determines that all of the prerequisites to the exercise of eminent domain by th
24 Agency with respect to such acquisition of the Property for the Project have been met.
Property for the Project is an activity which is covered under a categorical exemption of th
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CEQA Guidelines (Title 14 California Code of Regulations Section 15332) and accordingly,
2 finding of categorical exemption for the Project and the acquisition of the Property has been file
3 with the Clerk of the County.
4
Section 8.
In accordance with the provisions of Code of Civil Procedure ~ 1245.23
5 the Commission finds, determines and declares as follows:
6
The public interest, convenience and necessity require the acquisition of th
(a)
7
Property for the Project, as necessary to alleviate conditions of blight in the Arden-Guthri
Implementation Area and to provide for the orderly redevelopment of the Property and other rea
property included in the Arden-Guthrie Implementation Area. The assembly and redevelopmen
of the Property is necessary as the Arden-Guthrie Implementation Area displays a number 0
conditions of blight, including the presence of old structures that show signs of dilapidation an
deterioration and small or substandard lot sizes within the Arden-Guthrie Implementation Area
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 an
City zoning classification. Acquisition and assembly of the Property for communit
redevelopment purposes, together with other lands already owned by the Agency in the Arden
Guthrie Implementation Area, will foster the elimination of blight and assist with th
redevelopment of the Arden-Guthrie Implementation Area, and assist with elimination of bligh
in other lands in proximity to the Arden-Guthrie Implementation Area.
8
9
10
11
12
13
14
15
16
17
18
19
(b)
The Project is planned or located in the manner that will be most compatible wit
20 the greatest public good and the least private injury in light of the fact that the real propert
21 included in the Arden-Guthrie Implementation Area displays a number of symptoms of blight
22. The Project shall also facilitate the completion of a land assembly program previously initiate
23 by the Agency and foster the reuse of a developed urban area that has stagnated in recent year
24 under the burdens of small lot size, diverse ownership, property tax liens, changed zoning, an
25 inadequate public improvements.
4837-4503-2192.1 -7-
(c) The Property described in this Resolution is necessary for Project as it
2 acquisition and reuse for the Project is part of a neighborhood plan to eliminate blight an
3 provide for the redevelopment and improvement of the other lands owned by the Agency withi
4 the Arden-Guthrie Implementation Area.
5 (d) The purchase offers required by Government Code ~ 7267.2 was mailed to th
6 owners of record of the Property by the Agency, and the Agency was not successful i
7 negotiating a purchase of the Property with such owners based upon such offers of the Agenc
8 on terms that are acceptable to the owners of the Property. The Agency asked the Commissio
9 to approve its acquisition of the Property for assembly for future redevelopment.
10 Section 9. (a) The law firm of Lewis Brisbois Bisgaard & Smith LLP as specia
II legal counsel to the Agency, is authorized and directed to prepare, institute and prosecute in th
12 name of the Agency such proceedings in the court having jurisdiction, as may be necessary fo
13 the acquisition of the Property.
14 (b) The sum payable by the Agency as probable compensation for acquisition of th
15 Property by eminent domain, as determined by the appraisal, may accompany the filing of th
16 complaint and be deposited as follows: (i) with the State of Cali fomi a in the manner provided b
17 law, or upon the recommendation of Agency special legal counsel to the County Treasury; or (ii
18 at the election of the person(s) who may claim an interest in the Property to be acquired by suc
19 condemnation proceedings, in such other manner as such interested person(s) may request i
20 writing, subject to approval of the Executive Director and Special Legal Counsel to the Agency.
21 Section 10. The Secretary of the Commission is authorized and directed to certify th
22 adoption of this resolution. This Resolution shall take affect upon adoption.
23 I I I
24 I I I
25 I I I
/II
4837-4503-2192.1
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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 KNOWN AS 2073 N. NEWCOMB
STREET, SAN BERNARDINO, CALIFORNIA (AP# 1191-021-21) IN
THE ARDEN GUTHRIE IMPLEMENT A TION AREA (IVDA
REDEVELOPMENT PROJECT AREA)
2
3
4
6
PASSED, APPROVED AND ADOPTED this 15th day of November, 2004.
I CERTIFY that the foregoing Resolution was duly adopted by the Communit
Development Commission of the City of San Bernardino at its regular meeting held 0
9 November 15,2004 by the following vote, to wit:
10 Commission Members: Ayes Nays
7
8
Abstain
Absent
11 ESTRADA
12 LONGVILLE
MCGINNIS
13
DERRY
14
KELLEY
15
JOHNSON
16 MC CAMMACK
17
18
Secretary
19
The foregoing resolution is hereby approved this
20
day of November, 2004.
21
23
Judith Valles, Chairperson
Community Development Commission
of the City of San Bernardino
22
24
Approved as t Form and Legal Content:
,
25
By:
4837-4503-2192.1
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STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
2 CITY OF SAN BERNARDINO )
3
4
I,
Secretary of the Community Development Commission of th
5
City of San Bernardino, CERTIFY that the foregoing and attached copy of Communit
6 Development Commission of the City of San Bernardino Resolution No.
is a full
7
true and correct copy of that now on file in this office.
8
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal 0
9
the Community Development Commission of the City of San Bernardino this _ day 0
10
,2004.
11
12
13
(Seal)
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Attest:
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Secretary of the Community Development
Commission of the City of San Bernardino
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4837-4503-2192.1
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