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HomeMy WebLinkAboutR45-Economic Development Agency ECONOMIC DEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ORIGINAL FROM: Maggie Pacheco Executive Director SUBJECT: Hearing - Resolution of Public Interest and Necessity for Acquisition of Real Property: 796 West 5th Street, San Bernardino, California DATE: June 28, 2006 ------------------------------------------------------------------------------------------------------------------------ Svnonsis of Previous Commission/Council/Committee Action(s): On February 7, 2005, the Community Development Commission ("Commission") authorized Staff to send out Owner Participation notices to the property owners who own property in the proximity to the block bounded by 4th, 5th, "G" and "H" Streets, the parcels on the north side of 5th Street between "G" and "H" Streets, the 4 parcels on the northeast comer of 5th and "G" Streets and 6 parcels on the south side of 5th Street between "G" and "F" Streets (see Exhibit "A" - Study Area) in accordance with the adopted Agency Owner Participation Rules for the Central City North Redevelopment Project Area. No proposals were received. On November 7, 2005, the Commission adopted a Resolution: I) approving the Downtown Mixed Use Project Concept Plan ("Project") and adopting a Mitigated Negative Declaration for the Project in accordance with CEQA, and; 2) approving a Redevelopment Project Study and Exclusive Right to Negotiate Agreement by and between the Agency and Watson and Associates Development Company, Inc. ("Watson") relative to the implementation of the Project. On June 5, 2006, the Commission voted on a Reso[ution of Public Interest and Necessity to acquire property located at 796 West 5th Street, San Bernardino, California (APN: 0[34-054-25). Though a majority of the Commission Members present voted in favor of the Reso[ution, the law requires two-thirds of the Members of the governing body, the Commission, to approve the Reso[ution. ---------------------------------------------------------------------------------------------------------------------------------------- Recommended Motion(s): Open/Close Hearing (Community Develonment Commission) Resolution of the Community Deve[opment 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 796 West 5th Street, San Bernardino, California (APN: 0134-054-25) in the Central City North Redevelopment Project Area, and _____________________~_e~~i!'_4~jL~~~luti'!!ll'l~_'_~J;?_Q~g06-~___________________________________________________----------------- Contact Person(s): Maggie Pacheco Central City North Redevelopment Project Area Phone: (909) 663-1044 Project Area(s) Ward(s): Supporting Data Attached: "'" Staff Report "'" Resolution(s) 0 Agreement(s)/Contract(s) "'" Map(s) 0 Letters Approx. FUNDING REQUIREMENTS Amount: $ 336,000 Source: Low/Mod Housing Bond Proceeds Budget Authority: 2005-2006 EDA Budget SIGNATURE: ~ ~~ ~jv~ rbara indseth, Admin. ervices irector --c-;;mDiissioiiJc~~n-ciTN;otes;_--flJCtJ:floh-~'"!~---------------------------------------------------------- I ._-~------------------------------------------_._-------------------------------------------------------------------- P:\AgendasIConun Dev CommissioolCOC 2006\07-10-06 Resolution ofNeccssity -796 West 5th Street SR_doc COMMISSION MEETING AGENDA Meeting Date: 07/10/2006 Agenda Item Number: A. 'I ~ 4847-4960-5888.1 ECONOMIC DEVELOPMENT AGENCY STAFF REPORT HEARING - RESOLUTION OF PUBLIC INTEREST AND NECESSITY FOR ACQUISITION OF REAL PROPERTY: 796 WEST 5TH STREET, SAN BERNARDINO, CALIFORNIA BACKGROUND: On November 7, 2005, the Community Development Commission ("Commission") approved the Central City North Downtown Mixed Use Project Concept Plan ("Plan") and the Redevelopment Project Study and Exclusive Right to Negotiate Agreement ("Agreement") with Watson & Associates Development Co., Inc. C'Developer"). Through the Plan, the Agency will acquire certain properties in an effort to encourage and effectuate the redevelopment of certain real property ("Study Area") bounded by, 5th Street to the north, "G" Street on the east, "H" Street on the west, and 4th Street on the south, including the north side of 5th Street between "H" Street and "G" Street, the four (4) parcels at the northeast comer of 5th Street and "G" Street, and the six (6) parcels at the southeast comer of 5th and "G" Street but excluding the new TELACU II Monte Vista Senior Housing Complex (Exhibit "A"). The intent of the Plan is to eliminate blighted conditions, encourage economic development by creating owner-occupied mixed use and mixed income housing (i.e., commercial on the ground floor, residential on the upper floors) for those properties with frontage on 4th Street and 5th Street, with townhouses located immediately south of the mixed use development on the south side of 5th Street and on the west side of "G" Street. The Plan will also include complimentary parking and amenities, which will include high quality architectural and urban design. Moreover, the objective of the Plan is to act as a catalyst in the revitalizing of the downtown area and to encourage people to live and work in downtown. Within the Study Area, the Commission has previously authorized Agency staff to make offers to purchase certain properties within the Study Area, and to date the Agency has acquired 6 parcels (from 3 different property owners) and 24 parcels remain to be acquired. On May 19,2005 and January 31,2006 the Agency sent purchase offers ("Offer") to William R. Bland ("Property Owner") to purchase the property located at 796 West 5th Street, San Bernardino, California (APN: 0134-054-25) ("Property"). The Agency obtained an updated appraisal of the Property and transmitted another Offer and Summary of Valuation in conformity with Government Code ~ 7267 .2(b) to the owner of record on May 4, 2006 at his address on file with the office of the County Tax Assessor as shown on the last equalized county assessment roll, and the owner of record, William R. Bland, received the updated Offer but did not respond to the updated Agency Offer. In each Offer, the Property Owner was requested to convey free and clear title and additionally, free and clear of all leasehold interests in the Property by any tenants and any other parties, if applicable. The Property Owner has not responded nor accepted the Agency's Offers. The Property is improved with a gas service station that has been vacant for at least eight (8) years. The structure is dilapidated, in disrepair and is another example of blight within the Study Area and an impediment to the economic rebirth of the Study Area. P ."i~n~,Comm De. COmrTllUKlnCDC ::OO6.o7.1l1-06 R=.JhlllQR Of:-';e.;aSll)' - 7% WCSt ~Ib 5lteet SR dol; COMMISSION MEETING AGENDA Meeting Date: 0711012006 4847-4960-5888.1 Agenda lIem Number: 1t'l5* Economic Development Agency Staff Report IV Bland CCN Property Acquisilion-APN: 0134-054-25 Page 2 On June 5, 2006, the Commission adopted a Resolution of Public Interest and Necessity concerning the acquisition of the Property. The vote was 4 Ayes, 1 Nay with 2 Commission Members absent. CURRENT ISSUES: Though a majority of the Commission Members present at the June 5, 2006 Commission meeting voted to adopt the Resolution, the Code of Civil Procedures Section 1245.240 provides that "Unless a greater vote is required by statue, charter, or ordinance, the Resolution shall be adopted by a vote of two thirds of all the members of the governing body of the public entity". Therefore, this item is being brought back for the Commission to reconsider adoption of a Resolution of Public Interest and Necessity to acquire the Property. Consequently. in conformance with the Code of Civil Procedure Section 1245.235, on June 21, 2006, a notice of the July 10,2006 hearing on adopting a Resolution of Public Interest and Necessity was sent by certified mail to the Property Owner whose name and address appears on the last equalized county assessment roll. in order to afford such Property Owner a reasonable opportunity to be heard by the Commission. Notice of the Hearing was also posted on the Property and mailed to all known tenants. 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 necessitv requires the acquisition of the Property: The Agency has an agreement for a Plan that includes this Property. During the past year. the Agency has acquired six (6) parcels of land within the vicinity of the Property. The Agency finds it appropriate to continue the program of land assembly and to acquire this additional Property to provide sufficient contiguous land for the Plan and the contemplated 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 this sector of the Central City North Redevelopment Project Area (the "Project 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. 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, high crime rate. high volume of code compliance cases. absentee owners and tenants in possession. and inadequate lot size. Redevelopment of the Property will eliminate blight and provide needed residential and retail development in the Project Area and assist with elimination of blight in other areas in proximity to the Project. 3. The subiect Property is necessarY for the Proiect: The Agency previously acquired six (6) parcels of real property in the vicinity of the Property and desires to acquire this additional 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 ____.________n.........________n_n___...n.._____nn__nn_n_n_n_.....n.onn_nn__n_______.n_n_n_n_______n_n_nnn_...._____nnnnn_nn___ P-\'!,end~~ Comm Dc, CommLSSlOn CDC :006,07_10.06 Resolution Or""-O:<:e'l"IY - 7'l6 Weu ~lh Street SR do, COMMISSION MEETING AGENDA Meeting Dale: 07/1012006 Agenda Item Number: ~ -18474960-;888.1 Economic Development Agency StatTReport W Bland CCN Property Acquisition-APN: 0134-054-25 Page 3 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, abandoned properties, absentee owners, high crime (91 Part I Crimes for the period of January II-April II, 2006; 436 Part I Crimes for 2005 and 426 for 2004) and code compliance cases. 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. 4. The Government Code IS 7267.2(a) otTers bave been made to tbe record PropertY Owner: On May 19, 2005, January 31, 2006 and May 4,2006 the Agency submitted formal acquisition otTers to the Property Owner of the subject Property. The otTers comply with Government Code S 7267.2. The Property Ov.mer has not responded to these otTers. ENVIRONMENTAL IMPACT: On or about September 7, 2004, the Community Development Commission considered and certified Environmental Impact Report SCH#2003031072 (the "EIR") in accordance with the California Environmental Quality Act ("CEQA") for the Project Area which addresses reinstating the Agency's power of condemnation and the acquisition of Property contemplated within the Plan and for the Project is consistent with the EIR for the Project Area. On November 7, 2005, the Community Development Commission adopted a Mitigated Negative Declaration and authorized Staff to file a Notice of Determination ("NOD") with the County Clerk for the Project pursuant to the approved Agreement. On November 10, 2005, said NOD was filed with the County Clerk. FISCAL IMPACT: Based on the appraisal, the appraised value of the subject Property is $240,000 plus court costs and legal expenses normally associated with condemnation proceedings for an approximate total of $336,000. RECOMMENDATION: That the Community Development Commission adopt the attached Resolution. 'lfi ~ Maggie Pac eco, Executive Director COMMISSION MEETING AGENDA Meeting Date: 07/10/2006 Agenda Item Number: Illf5" 4847-1960.5888.1 f'Ali,cnJa.s,CvTml De~ CommiSSIOn ('DC 2006.07.10-06 RG01Ul1<ln O(Se<;<:$liity - 196 Wat jlh Sm:el $R doc 1 RESOLUTION NO. 2 3 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO DECLARING THE PUBLIC INTEREST AND NECESSITY OF ACQUISITION OF REAL PROPERTY BY THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO FOR COMMUNITY REDEVELOPMENT PURPOSES OVER THE PROPERTY LOCATED AT 796 WEST 5TH STREET, SAN BERNARDINO, CALIFORNIA (APN: 0134-054-25) IN THE CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA, AND RESCINDING RESOLUTION NO. CDC/2006-15 4 5 6 7 8 9 WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency"), a public entity created pursuant to the Community Redevelopment Law (Health and Safety Code Section 33000, et seq.), is authorized to acquire and redevelop blighted properties located in the City of San Bernardino (the "City"), in accordance with the Community Redevelopment Law; and 10 11 12 13 14 WHEREAS, the Community Development Commission of the City of San Bernardino (the "Commission"), as the governing board of the Agency, has authorized the Agency to assemble and acquire real property for community redevelopment purposes in the Central City North Redevelopment Project Area ("Project Area"); and WHEREAS, the Project Area displays substantial and pervasive symptoms of blight that cannot be remedied by private parties acting alone without community redevelopment assistance; and 15 16 17 18 19 20 21 WHEREAS, the Agency has acquired other real property in the Project Area; and WHEREAS, on March 14, 2005, the Agency mailed a notice to the owner of record of the real property located within the Project Area as described and informed such persons that the Agency intended to appraise the property for possible acquisition; and WHEREAS, the Agency retained the services of an appraiser to appraise the property 22 23 24 25 26 and the appraiser has reported an opinion of the fair market value of the improved property 27 located at 796 West 5th Street, San Bernardino, CA 92410 (APN: 0134-054-25) (the 28 "Property"); and 4830-5504-1536.1 1 P:\Agcodu\Resol\lhon.s\RcsolurioJlS\2006\07-IO-QS w. Blmd. CCN 796 Wen 5th 511ftl CDC Reso.OcK 1 WHEREAS, the Property is improved with a gas service station that has been vacant for at least eight (8) years and is dilapidated, in disrepair and is another example of blight within the Project Area that is an impediment to the economic rebirth of the Project Area; and WHEREAS, based upon such real property appraisal report, the Commission authorized the Agency to send a purchase offer to the owner of record, to attempt to purchase the Property at the appraised value in lieu of condemnation, and on May 19, 2005 and January 31, 2006, the Agency mailed a purchase offer to the owner of record of the Property based on the appraised value of the Property described in this Resolution; and WHEREAS, the Agency transmitted the offer to purchase the Property situated within the Project Area, based on the appraised value on May 19, 2005 and January 31, 2006, to the owner of record of the Property at the address on file with the office of the County Tax Assessor, as shown on the last equalized county assessment roll and the owner of record, William R. Bland, received the offers but did not respond to the Agency's offers; and WHEREAS, the Agency obtained an updated appraisal of the Property and transmitted another offer and summary of valuation in conformity with Government Code S 7267.2(b) to the owner of record on May 4, 2006 at the address on file with the office of the County Tax Assessor as shown on the last equalized county assessment roll, and the owner of record, William R. Bland, received the updated offer but did not respond to the updated Agency offer; and 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 WHEREAS, the Agency has not been able to satisfactorily complete a negotiated purchase with the owner of record of the Property to acquire the Property for community redevelopment purposes; and 22 23 24 WHEREAS, the Commission may serve as the "lead agency" as defined in the California Environmental Quality Act ("CEQA") for the purpose of conducting an environmental review in connection with the acquisition of the Property; and WHEREAS, on November 7, 2005, the Commission adopted Resolution No.CDC/2005- 39 approving a Redevelopment Study Agreement and Exclusive Right to Negotiate (the 25 26 27 28 4830-5504-1536.1 2 P:\AgetllW.R.ewluhol1S\Re:sowtioQS'1006\07-10-0S w. Bland. CCN 796 Wrst Sth Streel CDC Reso.doc 1 "Agreement") by and between the Agency and Watson and Associates Development Company, Inc. (the "Developer"), and adopted the Mitigated Negative Declaration for the Downtown Mixed Use Project Plan (the "Plan") and for the Project (the "Project") described in more detail in the CEQA Initial Study dated October I 1,2005; and WHEREAS, on or about September 7, 2004, the Agency considered and certified Environmental Impact Report SCH#20030310n (the "EIR") in accordance with the CEQA for the Project Area, and the acquisition of property contemplated within the Plan and for the Project is consistent with the EIR; and WHEREAS, Part I Crimes within the area of the Plan and Project were reported as 91 incidents of crime for the period January II through April II, 2006; and 436 for 2005 and 426 for 2004; and WHEREAS, the Agreement contemplates the Agency acquiring or obtaining control of parcels necessary for the Plan either through purchase negotiations or alternatively, by eminent domain proceeding, if necessary; and WHEREAS, on May 11, 2006, notice of hearing on a Resolution was mailed to the owner of record of the Property, William R. Bland, at the address for the owner of the Property; and 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 WHEREAS, on June 5, 2006, a majority of the Commission Members present at the meeting voted to approve the Resolution; and WHEREAS, the California Code of Civil Procedures Section 1245.240 states that, 20 21 22 "Unless a greater vote is required by statue, charter, or ordinance, the Resolution shall be 23 adopted by a vote of two-thirds of all the members of the governing body of the public entity"; and 24 25 WHEREAS, at the June 5, 2006, meeting of the Commission, due to the absence of some Commission Members, a two-thirds vote of the governing body was not obtained; and WHEREAS, the need exists for the Commission to rescind Resolution No. CDC/2006- 15 and consider the adoption of this Resolution at this time; and 26 27 28 4830-5504-1536.1 3 p; Agfad.u Aeso!utioa.s'.&soluhOllS'lOO6\07. IO-O!i W. BIaDd. CCN 796 \liCit 5tb St.-ceteDC Reso.doc 1 WHEREAS, on June 21, 2006, notice of intent to adopt this Resolution was mailed to the owner of record of the Property, William R. Bland, at the address of record on file at the office of the County Tax Collector and at the last known address for the owner of the Property; and 2 3 4 5 WHEREAS, on July 10, 2006, after not less than fifteen (15) days written notice to the owner of the Property, the Commission conducted a hearing for the purpose of affording the owner of the Property a reasonable opportunity to appear and be heard on the matters referred to in Code of Civil Procedure Section 1240.030 and whether the Agency has met all other prerequisites for the exercise of eminent domain to acquire the Property for the Plan and community redevelopment purposes; and WHEREAS, the Commission has determined as a result of such hearing on July 10, 2006, that the public health, safety and welfare require the Agency to acquire the subject Property for community redevelopment purposes and to facilitate the Project. 6 7 8 9 10 11 12 13 14 15 NOW THEREFORE, BE IT RESOLVED THAT THE COMMISSION FINDS, DETERMINES AND DECLARES AS FOLLOWS: 16 Section 1. The information set forth in the above recitals of this Resolution is true 17 and correct. 18 19 Section 2. The Commission rescinds Resolution No. CDC/2006-15. 20 Section 3. The real property to be acquired under the authority of this Resolution is 21 located in the Project Area in the City of San Bernardino, California, and is also known as 796 West 5th Street, San Bernardino, California 92410 (San Bernardino County Assessor Parcel Number 0134-054-25). The Property is more particularly described in the legal description attached as Exhibit "A." The interest in the Property to be acquired consists of all of the fee simple absolute title interest in the Property, and all of the right, title and interest of each person and owner of the Property including the acquisition of each and every possessory interest and all easements and appurtenances to the Property. n 23 24 25 26 27 28 4830-5504-1536.1 4 P:'_-\gcDlUsAesolutioruAtsolutioas\2006\07-IO-OS w. BluId - (CN 796 West Stl:l SU<<1 COC ReiO.Qoc 1 On June 21, 2006, the Agency transrnitted a notice of hearing to the Section 4. 2 known owner of record (William R. Bland) at 2947 North Mountain View Avenue, San Bernardino, California 92405. 3 4 The Commission acknowledges receipt of the written reports and Section 5. 5 information relating to the Project Area, including the Staff Report and Agreement between the Agency and Developer concerning the Plan, and the appraisal of the Property, staff reports, and oral reports and information submitted to the Commission during the course of the hearing 6 7 8 conducted on July 10, 2006. 9 The Commission on behalf of the Agency finds and determines that the Section 6. 10 hearing conducted by the Commission on this matter on July 10, 2006, was full and fair, and that each interested person has been afforded a full and fair opportunity to present evidence and testimony relating to assembly of land for the Plan, and the matters described in Code of Civil Procedure Section 1240.030, and the acquisition of the Property, and all interests in it, by the Commission for community redevelopment purposes by the exercise of eminent domain and 11 12 13 14 15 other relevant matters. 16 Section 7. The Commission declares its intent to acquire the Property for the Plan 17 18 and community redevelopment purposes in the name of the Agency in accordance with the laws of the State of California including the Community Redevelopment Law and Health and Safety Code Sections 33391 and 33492.40. The Commission further finds and determines that all of 19 20 21 the prerequisites to the exercise of eminent domain by the Agency with respect to such 22 acquisition of the Property for the Plan have been met. 23 Section 8. The Commission has found and determined that the acquisition of the 24 Property for the Plan is an activity, which is covered under a Mitigated Negative Declaration 25 adopted by the Commission on November 7, 2005 and a Notice of Determination was filed with 26 the Clerk of the County on November 10, 2005. 27 Section 9. In accordance with the provisions of Code of Civil Procedure Section 28 1245.230, the Commission finds, determines, and declares as follows: 4830-5504-1536.1 5 P:\Agcnd.s\.Resolutions\.Resolurioas\2006\07.lo.oS w. BW>>d - (CN 796 West Stb SIl<<t CDC Rno_dot 1 The public interest, converuence and necessity require the acquisition of the (a) 2 Property for the Project, as necessary to alleviate conditions of blight in the Project Area, which are documented and described in more detail in the 2004 EIR and CEQA Initial Study dated October II, 2005, which Initial Study and Mitigated Negative Declaration was approved on November 7, 2005, and to provide for the orderly redevelopment of the Property and other real property included in the Project Area. The assembly and redevelopment of the Property is necessary as the Project Area displays a number of conditions of blight, including without 3 4 5 6 7 8 limitation prevalence of absentee owners, high volume of code compliance cases, crime 9 statistics substantially higher than the City rate, the presence of old structures that show signs of dilapidation and deterioration and small or substandard lot sizes within the Project Area, including the subject Property, and a diverse pattern of land ownership which prevent or substantially hinder the economically viable use of such real property in its present condition. 10 11 12 13 14 For the period of January II through April II, 2006, the number of Part I Crimes within the area of the Plan and Project were 91. For the period 2005, there were 436 Part I Crimes. For the period 2004, there were 426 Part I Crimes. For the period of January II through April II, 2006, this equates to 312.69 Part I Crimes per 1,000 people. Part I Crimes include murder, rape, assault, robbery, burglary, grand theft auto and other theft. Crimes such as drug use/possession/sale, panhandling, prostitution, etc., are not included in the figures. Acquisition and assembly of the Property for community redevelopment purposes, the Plan and the Project, 15 16 17 18 19 20 21 together with other lands already owned by the Agency in the Project Area, will foster the elimination of blight and assist with the redevelopment of the Project Area, and assist with elimination of blight in other lands in proximity to the Project Area. The Plan and the Project include without limitation mixed income and mixed commercial and residential uses. 22 23 24 25 (b) The Plan and the Project are planned or located in the manner that will be most 26 compatible with the greatest public good and the least private injury in light of the fact that the 27 real property included in the Project Area displays a number of symptoms of blight. The Plan 28 and Project shall also facilitate the completion of a land assembly program previously initiated 4830-5504-1536.1 6 P:'AgelldiuRt50lurions\Res.oluriotu:I.10Q6,01.IO-OS w. BWid. CCN 796 West 5th Streel CDC Rc:so_doc 1 by the Agency and foster the reuse of a developed urban area that has stagnated in recent years under the burdens of economic obsolescence, small lot size, diverse ownership, absentee 2 3 owners, tenant occupancy, high crime and code compliance cases, property tax liens and inadequate public improvements. 4 5 (c) The Property described in this Resolution is necessary for the Plan and the 6 Project, as its acquisition and reuse for the Plan and the Project is part of a neighborhood plan to eliminate blight and provide for the redevelopment and inlprovement of the other lands owned by the Agency within the Project Area. (d) The purchase offer required by Government Code Section 7267.2 has been mailed to the owner of record of the Property by the Agency, and the Agency has not been successful in acquiring the Property based upon the conditions contained within the offer. The Commission deems it appropriate and necessary to approve the Agency acquisition of the Property for assembly for the Plan and the Project. 7 8 9 10 11 12 13 14 15 Section 10. (a) The law firm of Lewis Brisbois Bisgaard & Smith, LLP, as legal 16 counsel to the Agency ("Agency Counsel"), is authorized and directed to prepare, institute and prosecute in the name of the Agency such proceedings in the court having jurisdiction, as may be necessary for the acquisition of the Property. 17 18 19 (b) The sum payable by the Agency as probable compensation for the acquisition of 20 the Property by eminent domain, as determined by the appraisal, may, in the discretion of Agency Counsel, accompany the filing of the complaint and may be deposited as follows: (i) with the State of California in the manner provided by law, or upon the recommendation of Agency Counsel to the County Treasury; or (ii) at the election of the person(s) who may clainl an interest in the Property to be acquired by such condemnation proceedings, in such other manner as such interested person(s) may request in writing, subject to the approval of the Executive Director and Agency Counsel. 21 22 23 24 25 26 27 (c) Agency Counsel is also authorized, subject to the approval of the Executive 28 Director, to engage in settlement negotiations and, if possible, arrange for purchase of the 4830-5504-1536.1 7 P:\Agelld.u'.RC'5Qlutic:uu\Re$OlubolU'l006\07.lo.-oS w. BIaDd. CCS 796 West Sth SlRCI ax: Rno.doc 1 Property in lieu of condemnation at the appraisal price prior to or subsequent to filing a condemnation complaint to commence acquisition of the Property by eminent domain. 2 3 Section 11. The Secretary of the Commission is authorized and directed to certify the adoption of this Resolution. This Resolution shall take affect upon adoption. 4 5 1// 1// 1// 1// 1/1 1// 1// 1// 1// /1/ /1/ /1/ /1/ 1// 1// 11/ 11/ 11/ 1// 1// 1// 1// /1/ 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4830-5504-1536.1 8 P:\Agcnw".RuolutioUll\Resoluriolu\2006\01-I()..(lS w. BWid - co.; 796 Wen Sth SUM CDC Rno_doc 1 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO DECLARING THE PUBLIC INTEREST AND NECESSITY OF ACQUISITION OF REAL PROPERTY BY THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO FOR COMMUNITY REDEVELOPMENT PURPOSES OVER THE PROPERTY LOCATED AT 796 WEST STH STREET, SAN BERNARDINO, CALIFORNIA (APN: 0134-0S4-2S) IN THE CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA, AND RESCINDING RESOLUTION NO. CDC/2006-1S 2 3 4 5 6 7 PASSED, APPROVED AND ADOPTED this _ day of ,2006. 8 I CERTIFY that the foregoing Resolution was duly adopted by the Community 9 Development Commission of the City of San Bernardino at its meeting 10 , 2006 by the following vote, to wit: held on 11 Commission Members: Abstain Absent Navs Aves 12 13 ESTRADA BAXTER MCGINNIS DERRY KELLEY JOHNSON MC CAMMACK 14 15 16 17 18 19 20 21 Secretary 22 The foregoing resolution is hereby approved this day of ,2006. 23 24 25 Patrick J. Morris, Chairperson Community Development Commission of the City of San Bernardino 26 Approved as to Form and Legal Content: 27 28 '~QtL . :~",;:~", ' , Agency Co sel By: 4B30.5504-1536.1 9 P:\Ap:od.u',Rnolution.s\Rcsoluliolu\2006\07-iO-OS W. BIaDd. CQIi 796 WCSI Stb SlIcetCDC Reso.doc ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): ~ Item # R... 4 ~C; Resolution # Vote: Ayesl )J,;\ Lf)~-, iD Nays 1 Abstain 'tr Change to motion to amend original documents D Companion Resolutions CIJ c, /J 60 b - J..S"' / ~ Absent NullNoid After: days 1 Resolution # On Attachments: D Note on Resolution of attachment stored separately: D PUBLISH D POST D RECORD W/COUNTY D By: Date Sent to Mayor: Date of Mayor's Signature: Date of ClerklCDC Signature: 7/ nlDCn , I Reso. Log Updated: JiQ Seal Impressed: D Reso. # on StaffRepo~ Date MemofLetter Sent for Signature: I" Reminder Letter Sent: Date Returned: 2nd Reminder Letter Sent: Not Returned: D Request for Council Action & Staff Report Attached: pdated 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): YesL YesL No By_ By_ By_ By_ By_ Yes No~ NoL No X- NoA Yes Yes Copies Distributed to: Animal Control City Administrator City Attorney Code Compliance Development Services Others: D EDA D Facilities jj:j; E'b.-'fL C,--Finance D Fire Department D Human Resources Ja- \A,b~O.i'rl~formation Services D Parks & Recreation D D D Police Department Public Services Water Department D D D D D Notes: Ready to File: _ Date: Revised 12/18/03