HomeMy WebLinkAboutR44-Economic Development Agency
ECONOMIC DEVELOPMENT AGENCY ORIGINAL
OF THE CITY OF SAN BERNARDINO
FROM: Maggie Pacheco
Executive Director
SUBJECT: Hearing - Resolution of Public Interest and
Necessity for Acquisition of Real Property
at 631 North "G" Street, San Bernardino,
California
DATE:
May 23, 2006
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SvnoDsis of Previous Commission/CounciVCommittee Action(s):
On April 19, 2004 and subsequently on March 20, 2006 the Community Development Commission authorized
acquisition of the property located at 631 North "G" Street, San Bernardino, California.
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Recommended Motion(s):
Open/Close Hearing
(Communitv DeveloDment Commission)
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 631 North
"G" Street, San Bernardino, California (APN: 0134-021-29) in the Central City North Redevelopment
Project Area
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Contact Person(s):
Maggie Pacheco
Central City North Redevelopment
Proj ect Area
Phone:
(909) 663-1044
I
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.
FUNDING REQUIREMENTS Amount: $ 80,000 Source: Low/Mod Housing Fund
Budget Authority:
2005/2006 EDA Budget
SIGNATURE:
!/Il 7 ~~.--
Maggie Pacheco, Executive Director
, _~A ~ (~( ---d~'J/u it"
Barbara Lmdsefu, Admin. Services Director
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P:\Agelldas\Comm Dev Commission\CDC 2006\Ofi.OS-06 Resolution ofNeccssity-631 N. G St SR.doc
COMMISSION MEETING AGENDA
Meeting Date: 06/0512006
Agenda Item Number: R l.JtJ
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ECONOMIC DEVELOPMENT AGENCY
STAFF REPORT
HEARING - RESOLUTION OF PUBLIC INTEREST AND NECESSITY FOR
ACOUlSITION OF REAL PROPERTY LOCATED AT 631 NORTH "G" STREET.
SAN BERNARDINO. CALIFORNIA
BACKGROUND/CURRENT ISSUE:
In order to facilitate the implementation of the Central City North Redevelopment Project Plan, the .
Community Development Commission ("Commission"), the governing body of the Redevelopment
Agency of the City of San Bernardino ("Agency") authorized the appraisal and directed Agency Staff
to make an offer to purchase the parcel located at 631 North "G" Street ("Property") as part of the
current proceeding for the condemnation of the Property pursuant to a Resolution of Necessity.
Prior to initiating the current process for the consideration of the attached Resolution, the Agency
made an offer to purchase the Property to Willie and Jerry Wagoner and Rose Harris ("Property
Owners of Record") on April 14, 2004, for $180,000, which offer contained two (2) conditions which
were not met. The offer in the form of a Sales and Purchase Agreement was subject to approval of
the Commission and an appraisal needed to be conducted prior to the Sales and Purchase Agreement
being effective. The offer was accepted by the Property Owner of Record and escrow opened on the
same day with the Agency depositing $5,000 into escrow with LandAmerica Lawyers Title Company
and the two (2) conditions were not satisfied at anytime thereafter. Prior to the date that a close of
escrow could have occured, a dispute arose regarding the legal ownership of the Property. The final
resolution of the legal property ownership dispute is pending a decision by the court. While the
property ownership dispute was proceeding in court, fire destroyed the improvements on the.
Property.
As a result of the destruction of the improvements on the Property, on April 23, 2005, Smothers
Appraisal prepared an updated appraisal report demonstrating a value of $43,500 for the vacant
Property. On June 22, 2005, the Agency sent the new appraised value in an offer letter to the Law
Offices of Fullerton, Lemann, Schaefer & Dominick, LLP, representing Independent Trinity Church
of God in Christ, a California nonprofit corporation (the "Church"). The Church has alleged that they
are the legal owner of the Property. Recently, an updated appraisal was conducted on March 3, 2006,
which demonstrates a current value of $52,000. This offer was rejected by the Law Offices of
Fullerton, Lemann, Schaefer & Dominick, LLP. Due to the passage of time, an updated appraised
value was also sent in an offer letter to the legal counsel to the Church on March 23, 2006, and on
April 27, 2006, to the Law Offices of Buxbaum and Chakmak, LLP, representing the Property
Owners of Record. On March 13, 2006, the Agency received a letter from the legal counsel to the
Church requesting the Agency to honor the original offer contained in the Sales and Purchase
Agreement that was made on April 14, 2004 with the Property Owners of Record.
Since the dates of the March 23 and April 27, 2006, offers to purchase property were sent to the
respective legal counsels to the Property Owners of Record and the Church, the Agency has had no
success in acquiring the Property. Consequently, in conformance with the Code of Civil Procedure
P:\A~ndas\Comm De... Commi$Jion\CDC 2006\06-0~-06 Resolution ofNe<:essity-b31 N. G St. SR,doc
COMMISSION MEETING AGENDA
Meeting Date: 0610511006
Agenda Item Number: /l..4LJ
Community Development Commission Staff Report
CCN Property Acquisition - 631 North "G" Street
Page 2
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Section 1245.235, a notice of the June 5, 2006, hearing on the adoption of a Resolution of Public
Interest and Necessity was sent on May 15, 2006, by first class mail to the respective legal counsels
to the Property Owners of Record and the Church as set forth in the Resolution, in order to afford.
both parties claiming an interest in the Property 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.
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 Property: The Agency is
responsible for facilitating the development of affordable housing units in the Central City
North Redevelopment Project Area ("Project Area"). Furthermore, to assist in the
implementation of the Project Area Redevelopment Plan, the Agency acquired two (2) parcels
of land adjacent to the Property to provide needed housing ("Project").
2.
The Proiect is planned or located in a manner that will be most compatible with the
l!reatest public l!:ood and the least private iniurv: The Agency has increased its efforts to
address conditions of blight in the Project Area and to foster the development of affordable
housing, increase property values and to prevent the spread of blight in the Project Area into.
other surrounding neighborhoods. The Property is vacant and displays a number of conditions
of blight. Redevelopment of the Property will eliminate blight and provide needed affordable
housing in the Project Area.
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3. The subiect Property is necessary for the Proiect: The Agency previously acquired two (2)
parcels of land adjacent to the Property and desires to acquire the 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 Property included in the Project Area displays a number of symptoms of
blight. The Project shall also facilitate the reuse of an underdeveloped urban area that has
stagnated in recent years under the burdens of small lot size, diverse ownership, abandoned
properties, and property tax liens. The Project will 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.
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4. The Government Code li 7267.2(a) offers have been made to the record Propertv.
Owners: The Agency made a conditional offer to purchase property to the Property Owners
of Record on April 14, 2004 for $180,000. The offer was accepted and escrow opened with
LandAmerica Lawyers Title; however, the sale was not finalized because the Agency's
conditions contained in the Sales and Purchase Agreement were not met and a dispute arose as
to the property ownership and shortly thereafter, the improvements on the Property was
destroyed by fire. On June 22, 2005, March 23, 2006 and April 27, 2006 the Agency
submitted formal acquisition offers to the respective legal counsels to the Property Owners of
Record and the Church after new and updated appraisals were received by the Agency on the
P .A!/.l!ndasIComm De.. CommissionlCOC 200b\06-0S-OtI Resolution ofNecessily-bJI N G 51. SRcIoc
COMMISSION MEETING AGENDA
Meeting Date: 06/0511006
Agenda Item Number: P..l.J4-
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Community Development Commission Staff Report
CCN Property Acquisition - 631 North "G" Street
Page 3
Property in its then "AS-IS" condition. The offers comply with Government Code ~ 7267.2.
Since the dates that the new offers were sent to the legal counsels to both parties, the Agency
has had no success in acquiring the Property.
ENVIRONMENTAL IMPACT:
The proposed action or Project is exempt from California Environmental Quality Act (CEQA),
pursuant to ~ 15332, Class 32 which consists of projects 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 Project occurs within city limits on a project site of no more 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 (e) the Property is adequately served by all '
required utilities and public services. As a result, the Project is categorically exempt under the CEQA
and a Notice of Exemption will be filed with the County Clerk for the Project.
FISCAL IMPACT:
The cost of this transaction includes acquisition costs, legal and court costs normally associated with
condemnation proceedings at an estimated cost of $80,000.
RECOMMENDA nON:
That the Community Development Commission adopt the attached Resolution.
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Maggie Pacheco, Executive Directo
1'. '~\!lendas\Comm De... Commission\CDC 2006\00-05.06 Resolution ofNecessily.oJ 1 N. G 51. SRdoc
COMMISSION MEETING AGENDA
Meeting Date: 0610512006
Agenda Item Number: I. '1'1
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RESOLUTION NO.
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 631 NORTH "G" STREET, SAN
BERNARDINO, CALIFORNIA (0134-021-29) IN THE CENTRAL CITY
NORTH REDEVELOPMENT PROJECT AREA
WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency"),
public entity created pursuant to the Community Redevelopment Law (Health & Safety Cod
933000, et seq.), is authorized to acquire and redevelop blighted properties located within th
City of San Bernardino, as authorized by the Community Redevelopment Law ("CRL"); and
WHEREAS, the Community Development Commission of the City of San Bernardin
(the "Commission"), as the governing board of the Redevelopment Agency of the City of S
Bernardino ("Agency"), authorized the Agency to assemble and acquire certain properties fo
future redevelopment as new affordable housing in the Central City North Redevelopmen
Project Area (the "Project Area") in accordance with the provisions of the CRL; and
WHEREAS, the Agency, and Willie and Jerry Wagoner, and Rose Harris ("Prope
Owners of Record") entered into a Sales and Purchase Agreement subject to certain conditions
contained therein and opened escrow on April 14, 2004, with LandAmerica Lawyers Tit!
Company for the purchase of the 631 North "G" Street property (the "Property") for $180,000 b
the Agency; and thereafter, the Agency was informed that the property ownership was i
dispute and while the dispute was proceeding in court, the improvements on the Property wer
22
destroyed by fire; and
WHEREAS, the Agency hired an appraiser on or about April 23, 2005, to reappraise th
23
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Property as a vacant Property for acquisition for future development of affordable housing (th
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"Project"); and
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WHEREAS, the Agency sent an offer to purchase property for the new appraised valu
of $43,500 on June 22, 2005, to the Law Offices of Fullerton, Lemann, Schaefer & Dominick
LLP, representing Independent Trinity Church of God in Christ, a California nonprofi
corporation ("Church"), without receiving any response; and
WHEREAS, on March 3, 2006, the Agency ordered an updated appraisal of the vacan
Property and it was appraised for $52,000, and the updated appraised value was again sent 0
WHEREAS, on March 13, 2006 the Agency received a written response from the leg
March 23, 2006, in an offer to purchase property to the Church and on April 27, 2006, to th
Law Offices of Buxbaum and Chakmak, LLP, representing the Property Owners of Record; and
counsel to the Church requesting the Agency to honor the offer made to acquire the property 0
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April 14, 2004; and
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WHEREAS, the Property Owners of Record and the Church have rejected the purchas
offers submitted by the Agency on the property identified by County Assessor's Parcel Numbe
0134-021-29; and
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WHEREAS, the Agency has not been able to satisfactorily complete a negotiate
purchase of the real property described in this Resolution for future development as affordabl
housing; and
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WHEREAS, the Agency desires to acquire the Property identified by APN: 0134-021-2
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at 631 North "G" Street, San Bernardino, California for the Project; and
WHEREAS, the assembly and acquisition of the Property for the future Project is exemp
from the requirements of the California Environmental Quality Act of 1970, as amended, Publi
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Resources Code S 21000, et seq. ("CEQA"), relative to conducting an environmental review fo
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such land assembly and acquisition activities of the Agency, according to 14 California Code 0
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Regulations S 15332 Class 32 because (a) the Project is consistent with the applicable genera
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plan designation and all applicable general plan policies as well as with applicable zonin
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designation and regulations; (b) the proposed development occurs within city limits on a projec
site of no more than five (5) acres substantially surrounded by urban uses; (c) the Project site h
no value as habitat for endangered, rare or threatened species; (d) approval of the Project woul
not result in any significant effects relating to traffic, noise, air quality or water quality; and (e
the Property can be adequately served by all required utilities and public services; and.
WHEREAS, the Agency transmitted an offer to purchase the Property situated in th
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Project Area, based on the appraised values of such Property, to the respective legal counsels t
the Property Owners of Record and the Church on the Property as more particularly described i
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this Resolution; and
WHEREAS, the Commission, as the governing board of the Agency, seeks to adopt thi
Resolution to allow the Agency to acquire the Property situated within the Project Area b
condemnation, if necessary, in lieu of negotiated purchase; and
WHEREAS, on May 15, 2006, notice was mailed to the respective legal counsels to th
Property Owners of Record and the Church, that the Commission may adopt a Resolution 0
June 5, 2006, declaring the public interest and necessity of acquisition of the Property; and
WHEREAS, on June 5, 2006, after not less than fifteen (15) days' written notice was sen
to the respective legal counsels to the Property Owners of Record and the Church on the Propert
as more particularly described in this Resolution, the Commission conducted a hearing for th
purpose of affording the Property Owners of Record and the Church reasonable opportunity t
appear and be heard on the matters referred to in Code of Civil Procedure ~ 1240.030 an
whether the Agency has met all other prerequisites for the exercise of eminent domain to acquir
the subject Property, described in this Resolution as the Property, for community redevelopmen
23 purposes; and
24 WHEREAS, the Commission has determined, as a result of such hearing on June 5, 2006
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that the public health, safety and welfare require the Agency to acquire the subject Property,
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P:\AlflIcbl\Raellltio..\Resol.tie.I\1006\~ Rnol.tioll or NcaQily-6JI N. G St.doe
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more particularly described below in this Resolution, for community redevelopment purposes.
3
NOW THEREFORE, BE IT RESOLVED THAT THE COMMISSION FINDS
DETERMINES AND DECLARES AS FOLLOWS:
4
The information set forth in the above recitals of this Resolution is tru
Section 1.
5 and correct.
6
The Property to be acquired by the Agency in this Resolution is located i
Section 2.
7 the Project Area in the City, and is also known as 631 North "G" Street, San Bernardino
8 California (APN: 0134-021-29). The Property is more particularly described in the leg
9
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
10
II
owner of the Property and all parties and individuals claiming any right, title or interest in th
12
Property, including the acquisition of every possessory interest, and all easements an
appurtenances to the Property.
Section 3.
The Agency transmitted a notice of hearing to the respective lega
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counsels to the Property Owners of Record and the Church on May 15, 2006, by mail. A copy 0
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the notice of hearing is on file with the Secretary of the Commission.
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Section 4.
The Commission acknowledges receipt of the written staff reports an
18 information relating to the proposed Project, including, without limitation, summaries of th
19 appraisals of the Property and oral reports and information submitted to the Commission durin
20 the course of the hearing conducted on June 5, 2006.
21
Section 5.
The Commission, on behalf of the Agency finds and determines that th
22 hearing conducted by the Commission on this matter on June 5, 2006, was full and fair, and tha
23 each interested person has been accorded a full and fair opportunity to present evidence an
24 testimony relating to the proposed condemnation of the Property, and the matters described i
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Code of Civil Procedure S 1240.030, and the acquisition of the Property, and all interests in it, b
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the Agency for community redevelopment purposes by the exercise of eminent domain and othe
relevant matters.
Section 6.
The Commission declares its intent to acquire the Property for communi
8 been met.
redevelopment purposes in the name of the Agency in accordance with the laws of the State 0
California and the Community Redevelopment Law and Health and Safety Code ~~ 33391 an
33492.40. The Commission further finds and determines that all of the prerequisites to th
exercise of eminent domain by the Agency with respect to such acquisition of the Property hav
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Section 7.
In accordance with the provisions of Code of Civil Procedure ~ 1245.23
10 the Commission finds, determines and declares as follows:
11
The public interest, convenience and necessity require the acquisition of th
(a)
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Property for the Project, which is necessary to alleviate conditions of blight in the Project Are
and to provide for the orderly redevelopment of the Property in the Project Area. The assembl
and redevelopment of the real property in the Project Area, including the Property, is necess
as the Project Area displays a number of conditions of blight including the presence of 01
structures that show signs of dilapidation, deterioration and small lot configurations within th
Project Area, including the subject Property, which prevent or substantially hinder th
economically viable use of such real property in their present condition and City zonin
classification. Redevelopment of the Property as affordable housing will eliminate th
aforementioned conditions of blight within the Project Area and provide needed affordabl
housing in the Central City North Redevelopment Project Area, and will assist with th
elimination of blight in other areas in proximity to' the Project Area by providing affordabl
housing that is necessary for the Project Area.
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The Project is planned or located in the manner that will be most compatible wi
(b)
24 the greatest public good and the least private injury in light of the fact that the Property include
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in the Project Area displays a number of symptoms of blight, and the Project shall also facilitat
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land assembly and reuse of a developed urban area that has stagnated in recent years under th
burdens of small lot size, diverse ownership, property tax liens and inadequate publi
3 improvements. The Project shall also confer substantial environmental benefits upon the Projec
4 Area and the community generally, in accordance with the City's General Plan.
5
The Property described in this Resolution is necessary for the Project as i
(c)
6 acquisition and reuse for affordable housing purposes is part of an integrated design plan t
7 eliminate blight and provide for the improvement of all of the lands included within the Projec
8 Area.
9
The purchase offer required by Government Code S 7267.2 has been mailed to th
(d)
Property Owners of Record and the Church with respect to the Property by the Agency, and th
Agency has not been successful in negotiating the purchase of the Property.
Section 8.
The law firm of Lewis Brisbois Bisgaard & Smith, LLP, as Leg
(a)
Counsel to the Agency, is authorized and directed to prepare, institute and prosecute in the nam
of the Agency such proceedings in the court having jurisdiction, as may be necessary for th
acquisition of the Property. Legal Counsel to the Agency is further authorized and directed t
obtain an order of the court granting the Agency and contractors and licensees of the Agency, th
right of prejudgment possession and occupancy of the Property at the earliest feasible time i
order to implement the redevelopment project and commence the Project.
(b) The sum payable by the Agency as probable compensation for the acquisition 0
the Property by eminent domain shall accompany the filing of an application for prejudgmen
possession of the Property and shall be deposited as follows: (i) with the State of California i
the manner provided by law, or upon the recommendation of Agency Legal Counsel to th
County Treasury; or (ii) at the election of the person or persons who may claim an interest in th
Property to be acquired by such condemnation proceedings, in such other manner as suc
interested person or persons may request in writing, subject to the approval of the Executiv
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P:IAIfIIdas\RnolutiOM\RaolutiollJ\2006~ ResoIlllioll.r NKnlily-631 N. G St.dec:
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Director and Legal Counsel to the Agency.
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The Secretary of the Commission is authorized and directed to certify th
Section 9.
3 adoption of this Resolution. This Resolution shall take affect upon adoption.
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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 LOCATED AT 631 NORTH G STREET, SAN
BERNARDINO, CALIFORNIA (APN: 0134-021-29) IN THE CENTRAL
CITY NORTH REDEVELOPMENT PROJECT AREA
O2
3
4
6
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
7 Community Development Commission of the City of San Bernardino at a
8 meeting thereof, held on the day of , 2006, by the following vote to wit:
9 Commission Members:. Aves Navs Abstain Absent
10 ESTRADA
11 BAXTER
MCGINNIS
12
DERRY
13
0 KELLEY
14
JOHNSON
15 MC CAMMACK
16
17
Secretary
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19 The foregoing resolution is hereby approved this day of ,2006.
20
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Patrick J. Morris, Chairperson
Community Development Commission
of the City of San Bernardino
22
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Approved as to Form and Legal Content:
By:
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Agency n I
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EXHIBIT "A"
All that certain real property situated in the County of San Bernardino, State of
California, described as follows:
All that portion of Lot 4, Block 43, in the City of San Bernardino, County of San
Bernardino, State of California, as per map recorded in Book 7, page(s) 1, of
Maps, in the office of the County Recorder of said County, described as follows:
Beginning at a point 100 feet South of the Northwest corner of said Lot 4;
Thence South along the West line of said Lot, 50 feet;
Thence East 150 feet, more or less to the East line of said Lot;
Thence North along the East line of said Lot, 50 feet;
Thence West 150 feet more or less to the point of beginning.
Page 3
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meetmg Date (Date Adopted):.4/ ;> ) D 0
Vote: Ayes~ Nays
Change to motion to an:ent orig'fnal io~uments 0
Item # f/F-I
Resolution #
c OC J-c'fk, -/7
Absent 3 v-1
Abstain
Companion Resolutions
NulIIVoid After: ~ days /
Resolution # On Attachments: 0
Note on Resolution of attachment stored separately: 0
PUBLISH 0
POST 0
RECORD W/COUNTY 0
By:
Date Sent to Mayor: ~ 7/ [) ltJ
Date of Mayor's Signature: t-'~lo
Date of Clerk/CDC Signature: . \ . \ 010
, \
Reso. Log Updated: 1
Seal Impressed:
Reso. # on Staff Report
Date Memo/Letter Sent for Signature:
I" Reminder Letter Sent:
Date Returned:
2'. Reminder Letter Sent:
Not Returned: 0
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
Yes No By_
Yes No By_
Yes No By_
Yes No By_
Yes No By_
Copies Distributed to:
Animal Control 0 EDA 0
City Administrator 0 Facilities 0
City Attorney 0 Finance 0
Code Compliance 0 Fire Department 0
Development Services 0 Human Resources 0
Others:
Information Services 0
Parks & Recreation 0
Police Department 0
Public Services 0
Water Department 0
Notes: 10 ~
d (~--I. J.{) . [ Wl1 JU,~
Ready to File: _
Date:
Revised 12/18/03
CC~fPV
RESOLUTION NO.
2
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 631 NORTH "G" STREET, SAN
BERNARDINO, CALIFORNIA (0134-021-29) IN THE CENTRAL CITY
NORTH REDEVELOPMENT PROJECT AREA
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WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency"),
8
public entity created pursuant to the Community Redevelopment Law (Health & Safety Cod
9
S33000, et seq.), is authorized to acquire and redevelop blighted properties located within th
10
City of San Bernardino, as authorized by the Community Redevelopment Law ("CRL"); and
WHEREAS, the Community Development Commission of the City of San Bernardin
(the "Commission"), as the governing board of the Redevelopment Agency of the City of S
II
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Bernardino ("Agency"), authorized the Agency to assemble and acquire certain properties fo
14
future redevelopment as new affordable housing in the Central City North Redevelopmen
15
Project Area (the "Project Area") in accordance with the provisions of the CRL; and
16
WHEREAS, the Agency, and Willie and Jerry Wagoner, and Rose Harris ("Propert
17
Owners of Record") entered into a Sales and Purchase Agreement subject to certain conditions a
18
contained therein and opened escrow on April 14, 2004, with LandAmerica Lawyers Tit!
19
Company for the purchase of the 631 North "G" Street property (the "Property") for $180,000 b
20
the Agency; and thereafter, the Agency was informed that the property ownership was i
21
dispute and while the dispute was proceeding in court, the improvements on the Property wer
'"
destroyed by fire; and
,-
_J
WHEREAS, the Agency hired an appraiser on or about April 23, 2005, to reappraise th
Property as a vacant Property for acquisition for future development of affordable housing (th
24
25
"Project"); and
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P:\Agt'ndas\Resolulions\Re~olulionJ\1006\06-05-06IUsolulion orN~CI'Jlily-6ll ~. G 51.doc
,
WHEREAS, the Agency sent an offer to purchase property for the new appraised valu
2 of $43,500 on June 22, 2005, to the Law Offices of Fullerton, Lemann, Schaefer & Dominick
3 LLP, representing Independent Trinity Church of God in Christ, a California nonprofi
4 corporation ("Church"), without receiving any response; and
5 WHEREAS, on March 3, 2006, the Agency ordered an updated appraisal of the vacan
6 Property and it was appraised for $52,000, and the updated appraised value was again sent 0
7 March 23, 2006, in an offer to purchase property to the Church and on April 27, 2006, to th
8 Law Offices of Buxbaum and Chakmak, LLP, representing the Property Owners of Record; and
9 WHEREAS, on March 13, 2006 the Agency received a written response from the lega
10 counsel to the Church requesting the Agency to honor the offer made to acquire the property 0
12 WHEREAS, the Property Owners of Record and the Church have rejected the purchas
II April 14, 2004; and
13 offers submitted by the Agency on the property identified by County Assessor's Parcel Numbe
14 0134-021-29: and
15 WHEREAS, the Agency has not been able to satisfactorily complete a negotiate
16 purchase of the real property described in this Resolution for future development as affordabl
17 housing; and
18 WHEREAS, the Agency desires to acquire the Property identified by APN: 0134-021-2
19 at 631 North "G" Street, San Bernardino, California for the Project; and
20 WHEREAS, the assembly and acquisition of the Property for the future Project is exemp
21 from the requirements of the California Environmental Quality Act of 1970, as amended, Publi
22 Resources Code S 21000, et seq. ("CEQA"), relative to conducting an environmental review fo
23 such land assembly and acquisition activities of the Agency, according to 14 California Code 0
24 Regulations S 15332 Class 32 because (a) the Project is consistent with the applicable genera
25 plan designation and all applicable general plan policies as well as with applicable zonin
.2.
P:\Agt'ndal\Resolutions\Rt'lolutions\2006\06-05-06 Resolution Of]'l;I'CC1Sily-6Jl :'Ii. G 51.doc
,
designation and regulations; (b) the proposed development occurs within city limits on a projec
2 site of no more than five (5) acres substantially surrounded by urban uses; (c) the Project site h
3 no value as habitat for endangered, rare or threatened species; (d) approval of the Project woul
4 not result in any significant effects relating to traffic, noise, air quality or water quality; and (e
5 the Property can be adequately served by all required utilities and public services; and.
6 WHEREAS, the Agency transmitted an offer to purchase the Property situated in th
8 the Property Owners of Record and the Church on the Property as more particularly described i
7 Project Area, based on the appraised values of such Property, to the respective legal counsels t
9 this Resolution; and
10 WHEREAS, the Commission, as the governing board of the Agency, seeks to adopt thi
II Resolution to allow the Agency to acquire the Property situated within the Project Area b
13 WHEREAS, on May 15,2006, notice was mailed to the respective legal counsels to th
12 condemnation, if necessary, in lieu of negotiated purchase; and
14 Property Owners of Record and the Church, that the Commission may adopt a Resolution 0
15 June 5, 2006, declaring the public interest and necessity of acquisition of the Property; and
16 WHEREAS, on June 5, 2006, after not less than fifteen (15) days' written notice was sen
17 to the respective legal counsels to the Property Owners of Record and the Church on the Propert
18 as more particularly described in this Resolution, the Commission conducted a hearing for th
19 purpose of affording the Property Owners of Record and the Church reasonable opportunity t
20 appear and be heard on the matters referred to in Code of Civil Procedure S 1240.030 an
21 whether the Agency has met all other prerequisites for the exercise of eminent domain to acquir
22 the subject Property, described in this Resolution as the Property, for community redevelopmen
?- d
-, purposes; an
24 WHEREAS, the Commission has determined, as a result of such hearing on June 5, 2006
25 that the public health, safety and welfare require the Agency to acquire the subject Property, a
.3.
P:\AgC'ndas\Rnolutions\RC'solulionsU006\06-0s..o6 Rtsoluliou of:'liC'C'nsily-6JI:'Ii. G 51.doc
,
more particularly described below in this Resolution, for community redevelopment purposes.
2 NOW THEREFORE, BE IT RESOLVED THAT THE COMMISSION FINDS
3 DETERMINES AND DECLARES AS FOLLOWS:
4
Section 1.
The information set forth in the above recitals of this Resolution is tru
5 and correct.
6
Section 2.
The Property to be acquired by the Agency in this Resolution is located i
7 the Project Area in the City, and is also known as 631 North "G" Street, San Bernardino
8 California (APN: 0134-021-29). The Property is more particularly'described in the lega
9 description attached as Exhibit "A". The interest in the Property to be acquired consists of all 0
10 the fee simple absolute title interest in the Property, and all of the right, tit!e and interest of eac
11 owner of the Property and all parties and individuals claiming any right, tit!e or interest in th
12 Property, including the acquisition of every possessory interest, and all easements an
13 appurtenances to the Property.
14
Section 3.
The Agency transmitted a notice of hearing to the respective lega
15 counsels to the Property Owners of Record and the Church on May 15, 2006, by mail. A copy 0
16 the notice of hearing is on file with the Secretary of the Commission.
The Commission acknowledges receipt of the written staff reports an
18 information relating to the proposed Project, including, without limitation, summaries of th
17
Section 4.
21
Section S.
The Commission, on behalf of the Agency finds and determines that th
19 appraisals of the Property and oral reports and information submitted to the Commission durin
20 the course of the hearing conducted on June 5, 2006.
22 hearing conducted by the Commission on this matter on June 5, 2006, was full and fair, and tha
23 each interested person has been accorded a full and fair opportunity to present evidence an
24 testimony relating to the proposed condemnation of the Property, and the matters described i
25 Code of Civil Procedure S 1240.030, and the acquisition of the Property, and all interests in it, b
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P:\Agelld35\Resolutions\Resolutions\1006\06-.05-06 Resolution of :'oiKrssily-6J1 .'II. G SI.dot
.
the Agency for community redevelopment purposes by the exercise of eminent domain and othe
2 relevant matters.
3
The Commission declares its intent to acquire the Property for communi
Section 6.
4 redevelopment purposes in the name of the Agency in accordance with the laws of the State 0
5 California and the Community Redevelopment Law and Health and Safety Code SS 33391 an
6 33492.40. The Commission further finds and determines that all of the prerequisites to th
7 exercise of eminent domain by the Agency with respect to such acquisition of the Property hav
8 been met.
9
In accordance with the provisions of Code of Civil Procedure S 1245.23
Section 7.
10 the Commission finds, determines and declares as follows:
11
The public interest, convenience and necessity reqUire the acquisition
(a)
12
Property for the Project, which is necessary to alleviate conditions of blight in the Project Are
and to provide for the orderly redevelopment of the Property in the Project Area. The assembl
and redevelopment of the real property in the Project Area, including the Property, is necess
as the Project Area displays a number of conditions of blight including the presence of 01
13
14
15
16
structures that show signs of dilapidation, deterioration and small lot configurations within th
17
Project Area, including the subject Property, which prevent or substantially hinder th
economically viable use of such real property in their present condition and City zonin
18
19
classification. Redevelopment of the Property as affordable housing will eliminate th
aforementioned conditions of blight within the Project Area and provide needed affordabl
housing in the Central City North Redevelopment Project Area, and will assist with th
elimination of blight in other areas in proximity to the Project Area by providing affordabl
housing that is necessary for the Project Area.
20
21
22
23
(b)
The Project is planned or located in the manner that will be most compatible wit
24 the greatest public good and the least private injury in light of the fact that the Property include
25 in the Project Area displays a number of symptoms of blight, and the Project shall also facilitat
.5-
P:\Ageudlls\ResolutionsIRtIOlUlions\2006\06.0s..06 R~olulion or:'<l~tuily-6JI ~. G SLdoc:
'. .
land assembly and reuse of a developed urban area that has stagnated in recent years under th
2 burdens of small lot size, diverse ownership, property tax liens and inadequate publi
3 improvements. The Project shall also confer substantial environmental benefits upon the Projec
4 Area and the community generally, in accordance with the City's General Plan.
5
(c)
The Property described in this Resolution is necessary for the Project as it
6 acquisition and reuse for affordable housing purposes is part of an integrated design plan t
7 eliminate blight and provide for the improvement of all of the lands included within the Projec
8 Area.
9
(d)
The purchase offer required by Government Code S 7267.2 has been mailed to th
10 Property Owners of Record and the Church with respect to the Property by the Agency, and th
II Agency has not been successful in negotiating the purchase of the Property.
12
Section 8.
(a)
The law firm of Lewis Brisbois Bisgaard & Smith, LLP, as Lega
13 Counsel to the Agency, is authorized and directed to prepare, institute and prosecute in the nam
15 acquisition of the Property. Legal Counsel to the Agency is further authorized and directed t
14 of the Agency such proceedings in the court having jurisdiction, as may be necessary for th
16 obtain an order of the court granting the Agency and contractors and licensees of the Agency, th
17 right of prejudgment possession and occupancy of the Property at the earliest feasible time i
18 order to implement the redevelopment project and commence the Project.
19
(b)
The sum payable by the Agency as probable compensation for the acquisition 0
20 the Property by eminent domain shall accompany the filing of an application for prejudgmen
21 possession of the Property and shall be deposited as follows: (i) with the State of California i
22 the manner provided by law, or upon the recommendation of Agency Legal Counsel to th
23 County Treasury; or (ii) at the election of the person or persons who may claim an interest in th
24 Property to be acquired by such condemnation proceedings, in such other manner as suc
25 interested person or persons may request in writing, subject to the approval of the Executiv
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P:\Agrndas\Rtsolutions\RnolutioDsIJ006\06-0S-06 Resolution of Nf<<ssily.631 s. G St.d~
.
'. .
Director and Legal Counsel to the Agency.
2
The Secretary of the Commission is authorized and directed to certify th
Section 9.
3 adoption of this Resolution. This Resolution shall take affect upon adoption.
4 II I
5 III
6 III
7 III
8 III
9 III
10 III
II III
12 III
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
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2
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 631 NORTH G STREET, SAN
BERNARDINO, CALIFORNIA (APN: 0134-021-29) IN THE CENTRAL
CITY NORTH REDEVELOPMENT PROJECT AREA
3
4
5
6
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
7
Community Development Commission of the City of San Bernardino at a
8 meeting thereof, held on the day of
9 Commission Members: Aves Navs
10 ESTRADA
II BAXTER
MCGINNIS
12
DERRY
13
KELLEY
14
JOHNSON
15 MC CAMMACK
16
17
, 2006, by the following vote to wit:
Abstain
Absent
Secretary
18
19
The foregoing resolution is hereby approved this
day of
,2006.
20
21
Patrick J. Morris, Chairperson
Community Development Commission
of the City of San Bernardino
22
23
Approved as to Form and Legal Content:
24
~
Agency un I
25
By:
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P:\Agendas\Rrsolutions\Relolutions\2006\06-05-06 R60lulion of Nfi6Sily-631 N. G 51.doe
EXHIBIT "A"
All that certain real property situated in the County of San Bernardino, State of
California, described as follows:
All that portion of Lot 4, Block 43, in the City of San Bernardino, County of San
Bernardino, State of California, as per map recorded in Book 7, page(s) 1, of
Maps, in the office of the County Recorder of said County, described as follows:
Beginning at a point 100 feet South of the Northwest corner of said Lot 4;
Thence South along the West line of said Lot, 50 feet;
Thence East 150 feet, more or less to the East line of said Lot;
Thence North along the East line of said Lot, 50 feet;
Thence West 150 feet more or less to the point of beginning.
Page 3