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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: 495
North "G" Street, San Bernardino, California
(APN: 0134-101-28)
DATE:
June 28, 2006
SvnoDsis 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 Corrnnission 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 Corrnnission voted on a Resolution of Public Interest and Necessity to acquire property located at 495
North "G" Street, San Bernardino, California (APN: 0134-101-28). Though a majority of the Corrnnission Members present
voted in favor of the Resolution, the law requires two-thirds of the Members of the governing body, the Corrnnission, to approve
the Resolution.
Recommended Motion(s):
Open/Close Hearing
(Communitv DeveloDment Commission)
Resolution of the Community Development Corrnnission of the City of San Bernardino declaring the Public
Interest and Necessity of Acqnisition of Real Property by the Redevelopment Agency of the City of San
Bernardino for community redevelopment purposes over the property located at 495 North "G" Street, San
Bernardino, California (APN: 0134-101-28) in the Central City North Redevelopment Project Area, and
_____________~scin~ingResoluti()!l_1'lE.'__~Q.<.=!_~~~=_!~________________________________________________________________
Contact Person(s):
Maggie Pacheco
Central City North
Redevelopment Project Area
Phone:
(909) 663-1044
Project Area(s)
Ward(s):
Supporting Data Attached: Ii'] Staff Report Ii'] Resolution(s) 0 Agreement(s)/Contract(s) Ii'] Map(s) 0 Letters
Approx_
$ 1,450,000 Source: Low/Mod Bond Proceeds
2005-2006 EDA Budget
SIGNATURE: 4;0. GtU.u-- J,j',< ~o
, arbara Lindseth, Admin. Servi s Director
---commissioDicounciTNotes:-ftg)-.lTSrt.mOb~~_rD--------------------------------------
P:\Agendas\Conun Dev Conunission\CDC 2006\07-10-06 Resolution ofNecessily - 495 NOI1h G Street SRdoc
COMMISSION MEETING AGENDA
Meeting Date: 07/10/2006
Agenda Item Number: R. t.JltJ
4847-4960-5888. J
ECONOMIC DEVELOPMENT AGENCY
STAFF REPORT
HEARING - RESOLUTION OF PUBLIC INTEREST AND NECESSITY FOR ACQUISITION
OF REAL PROPERTY: 495 NORTH "G" STREET, SAN BERNARDINO, CALIFORNIA
(APN: 0134-101-28)
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. ("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, "0" Street on the east, "H" Street on the west, and 4th Street on the
south, including the north side of 5th Street between "H" and "0" Streets, the four (4) parcels at the
northeast comer of 5th Street and "0" Street, and the six (6) parcels at the southeast comer of 5th and
"0" Street, 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 "0" 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 27, 2005, the Agency sent a purchase offer ("Offer") to Allied Capital Investments, LLC
("Property Owner") to purchase the property located at 495 North "0" Street, San Bernardino,
California (APN: 0134-101-28) ("Property"). The Agency obtained an updated appraisal of the
Property and transmitted another Offer and Summary of Valuation in conformity with Oovemment
Code 9 7267.2(b) to the owner of record on April 25, 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,
Allied Capital Investments, LLC, received 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 tenants and any other parties occupying the Property. Although the
Agency has been in contact with the Property Owner, the Property Owner has not accepted an Agency
Offer. The Property Owner has in fact delivered a letter to the Agency dated May IS, 2006, rejecting
the prior offers of the Agency and requesting a purchase price to be paid by the Agency for the
Property equal to $2,000,000 plus other statutory amounts as may be due and payable to the tenants
located on the Property. Said letter is attached to this Staff Report for your information and review
(Attachment I).
P \Almias\Comm Dev COrmlission\COC 2006_07_10-06 Resolulion ofNe<<uIlY. 49' North G Stttc'l SRdoc:
COMMISSION MEETING AGENDA
Meeting Dale: 07/1012006
Agenda Item Number: R.'1f6
4847-4960.5888.1
Economic Development Agency Staff Report
Allied - CCN Property Acquisition-APN: 0134-101-28
Page 2
Currently, the Property is occupied with two (2) tenants. The first tenant, .98~ and Up, is a market that
sells several sundry items including beer and wine. The second tenant, Laundry Mat, is a coin-
operated laundry facility that has approximately sixty (60) washers of various capacities and
approximately forty (40) industrial capacity dryers. There is also on-site management.
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. I 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 necessity requires the acquisition of the Property: The Agency has
an agreement for an approved 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 will assist
with the elimination of blight in other areas in proximity to the Project.
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Agenda Item Number: ~
Economic Development Agency Staff Report
Allied - CCN Property Acquisition-APN: 0134-101-28
Page 3
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
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, 1006; 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 & 7267.2(a) offers have been made to the record Property Owner:
On May 27. 1005 and April 25. 2006 the Agency submitted formal acquisition offers to the
Property Owner of the subject Property. The offers comply with Government Code ~ 7267.2.
To date. the Agency and the Property Owner have not been able to agree upon a Purchase Price
for the Property.
ENVIRONMENTAL IMPACT:
On or about September 7. 2004, the Community Development Commission considered and certified
Environmental Impact Report SCH#1003031072 (the "EIR") in accordance with the California
Environmental Quality Act C'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. 1005, 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 cost to acquire the subject Property is $1.390.000 plus court costs and legal
expenses normally associated with condemnation proceedings for an approximate total of $1,450,000.
RECOMMENDATION:
That the Community Development Commission adopt the attached Resolution.
<.
~(~
Maggie Pachec
.".i:;i::;;;6.6:5S.ig.j.-....--...................--.--.--.--.--.--...---..--.------...-..--......--...-.................C.Oi~j'M.issioN.'ME'ETING-AGENDA"
r A~enja;,C)mm De, Comm"l.on CDC :0060i.IO.oc, Re;olunon of....e~ml1,. ~<l~ "'ol"lh G Slfttl SRdoc Meeting Date: 07/1012006
Agenda Item Number: R..IJfJ
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RESOLUTION NO.
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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 495 NORTH "G" STREET, SAN
BERNARDINO, CALIFORNIA (APN: 0134-101-28) IN THE CENTRAL
CITY NORTH REDEVELOPMENT PROJECT AREA, AND
RESCINDING RESOLUTION NO. CDC/2006-16
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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
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Law; and
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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
carmot be remedied by private parties acting alone without community redevelopment
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assistance; and
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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, on October 3, 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 reappraise the property for possible acquisition; and
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WHEREAS, the Agency retained the services of an appraiser to appraise the property
and the appraiser has reported an opinion of the fair market value of the improved property
located at 49S North "G" Street, San Bernardino, CA 92410 (APN: 0134-101-28) (the
"Property"); 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 27, 200S and April 2S, 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 27, 200S and April 2S, 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, Allied
Capital Investments, LLC, received the offer but did not accept the Agency offer; and
WHEREAS, the Agency obtained an updated appraisal of the Property and transmitted
another offer and summary of valuation in conformity with Government Code g 7267.2(b) to
the owner of record on April 2S, 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, Allied
Capital Investments, LLC, received the updated Agency offer; and
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
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redevelopment purposes; and
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WHEREAS, the Commission may serve as the "lead agency" as defined in CEQA for
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the purpose of conducting an environmental review in connection with the acquisition of the
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Property; and
WHEREAS, on November 7, 200S, the Commission adopted Resolution No.CDC/200S-
39 approving a Redevelopment Study Agreement and Exclusive Right to Negotiate (the
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P "AaC'l'ldalJlcsollllionl'.RcsoNlioru'.2006\07-10-06 Allicd- CCN 49S Nonh G SlI'eC\l CDC I\e$o dot
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"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 to be built (the "Project") described in
more detail in the CEQA Initial Study dated October 11,2005; and
WHEREAS, on or about September 7, 2004, the Agency considered and certified
Environmental Impact Report SCH#2003031072 (the "EIR") in accordance with the California
Environmental Quality Act ("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 the Project were reported as
91 incidents of crime for the period January 11 through April II, 2006; and 436 for 2005 and
426 for 2004; and
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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 proceedings, if necessary; and
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WHEREAS, Allied Capital Investments, LLC, has delivered a letter to the Agency dated
May IS, 2006, rejecting the prior offers of the Agency and requesting a purchase price to be
paid by the Agency for the Property equal to $2,000,000 plus other statutory amounts as may be
due and payable to the tenants located on the Property; and
WHEREAS, on May II, 2006, notice of hearing on a Resolution was mailed to the
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owner of record of the Property, Allied Capital Investments, LLC, at the address for the owner
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of the Property; and
WHEREAS, on June 5, 2006, a majority of the Commission Members present at the
meeting voted to approve the Resolution; and
WHEREAS, the California Code of Civil Procedures Section 1245.240 states that,
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"Unless a greater vote is required by statue, charter, or ordinance, the Resolution shall be
adopted by a vote two-thirds of all the members of the governing body of the public entity"; and
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P \A&endas',R.e$Olulion$\Rnolwions\2006'D7-1()....()6 Allied - CCN 495 Nctth G Scm:l COC Reso doc
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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-
16 and consider the adoption of this Resolution at this time; and
WHEREAS, on June 21, 2006, notice of hearing on this Resolution was mailed to the
owner of record of the Property, Allied Capital Investments, LLC, 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
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 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.
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NOW THEREFORE, BE IT RESOLVED THAT THE COMMISSION FINDS,
DETERMINES AND DECLARES AS FOLLOWS:
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Section 1.
The information set forth in the above recitals of this Resolution is true
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and correct.
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Section 2,
The Commission rescinds Resolution No. CDC/2006-l6.
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Section 3.
The real property to be acquired under the authority of this Resolution i
25 located in the Project Area in the City of San Bernardino, California, and is also known as 49
26 North "G" Street, San Bernardino, California 92410 (San Bernardino County Assessor Parce
27 Number 0134-101-28). The Property is more particularly described in the legal descriptio
28 attached as Exhibit "A." The interest in the Property to be acquired consists of all of the fe
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simple absolute title interest in the Property, and all of the right, title and interest of each perso
and owner of the Property including the acquisition of each and every possessory interest and al
rights to terminate any and all leasehold estates in the Property in accordance with the leas
terms thereof, and pursuant to either statutory rights or pursuant to court order to terminate al
such leasehold estates or other tenancies in the Property, and all easements and appurtenances t
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the Property.
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Section 4.
On June 21,2006, the Agency transmitted a notice of hearing to known
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owner of record (Allied Capital Investments, LLC) at 5661 Beach Boulevard #201, Buena Park,
California 90621.
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The Commission acknowledges receipt of the written reports and
Section 5.
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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
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conducted on July 10, 2006.
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Section 6.
The Commission on behalf of the Agency finds and determines that the
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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
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Commission for community redevelopment purposes by the exercise of eminent domain and
other relevant matters.
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Section 7.
The Commission declares its intent to acquire the Property for the Plan
24 and community redevelopment purposes in the name of the Agency in accordance with the laws
25 of the State of California including the Community Redevelopment Law and Health and Safety
26 Code Sections 33391 and 33492.40. The Commission further finds and determines that all of
27 the prerequisites to the exercise of eminent domain by the Agency with respect to such
28 acquisition of the Property for the Plan have been met.
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The Commission has found and determined that the acquisition of the
Section 8.
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Property for the Plan is an activity, which is covered under a Mitigated Negative Declaration
adopted by the Commission on November 7,2005 and a Notice of Determination was filed with
the Clerk of the County on November 10,2005.
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Section 9.
In accordance with the provisions of Code of Civil Procedure Section
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1245.230, the Commission finds, determines, and declares as follows:
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(a)
The public interest, convenience and necessity require the acquisition of the
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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 EIR and CEQA Initial Study dated October
II, 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 limitation
prevalence of absentee owners, high volume of code compliance cases, crime 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.
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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 11 through April II,
2006, this equates to 312.69 Part I Crimes per 1,000 people. Part I Crimes include murder,
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23 rape, assault, robbery, burglary, grand theft auto and other theft. Crimes such as drug
24 use/possession/sale, panhandling, prostitution, etc. are not included in the figures. Acquisition
25 and assembly of the Property for community redevelopment purposes for the Plan and the
26 Project, together with other lands already owned by the Agency in the Project Area, will foster
27 the elimination of blight and assist with the redevelopment of the Project Area, and assist with
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1 elimination of blight in other lands in proximity to the Project Area. The Plan and the Project
2 include without limitation mixed income and mixed commercial and residential uses.
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(b)
The Plan and Project is planned or located in the manner that will be most
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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 Plan
and Project shall also facilitate the completion of a land assembly program previously initiated
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
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owners, tenant occupancy, high crime and code compliance cases, property tax liens, and
inadequate public improvements.
(c) The Property described in this Resolution is necessary for the Plan and Project,
as its acquisition and reuse for the Plan and Project is part of a neighborhood plan to eliminate
blight and provide for the redevelopment and improvement of the other lands owned by the
Agency within the Project Area.
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(d)
The purchase offer required by Government Code Section 7267.2 has been
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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 is hereby requested to approve its acquisition of the Property for assembly for the
Plan and Project.
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Section 10. (a)
The law firm of Lewis Brisbois Bisgaard & Smith, LLP, as legal
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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.
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(b)
The sum payable by the Agency as probable compensation for the acquisition of
26 the Property by eminent domain, as determined by the appraisal, may, in the discretion of
27 Agency Counsel, accompany the filing of the complaint and may be deposited as follows: (i)
28 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 claim
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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.
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Agency Counsel is also authorized, subject to the approval of the Executive
(c)
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Director, to engage in settlement negotiations and, if possible, arrange for purchase of the
Property in lieu of condemnation at the appraised price prior to or subsequent to filing a
condemnation complaint to commence acquisition of the Property by eminent domain.
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.
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4830-5504-1536.1 8
P \AllmW\RC501ulions\ResolwiortJ'100607-1Q....06 Allied. CCN 49~ North G Sum CDC Reso 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 495 NORTH "G" STREET, SAN
BERNARDINO, CALIFORNIA (APN: 0134-101-28) IN THE CENTRAL
CITY NORTH REDEVELOPMENT PROJECT AREA, AND
RESCINDING RESOLUTION NO. CDC/2006-16
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
r--/ j
\ I>,,~ )1, ,,/1--
Agency Counsi
28
By:
4830-5504-1536.1 9
P'Airndas',RC$O\u1ions\ResoNlIOl\S,,~1/)1.10-06 Allied. CCN 4QS Nonh G Screel (OC Rc:so doc
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date AdoPted):.~ I~m # ~ Resolution # ~db1)h -J..&
Vote: Ayes J J 3 ~ I::::~ ,Nays / Abstain 0- Absent fu
) J .j .j J
Change to motion to amend original documents 0 Companion Resolutions
N ull/V oid 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 ! I 1-j () ~
Date of Mayor's Signature: 1//2/0 Co
Date of Clerk/CDC Signature:
Reso. Log Updated: --a
Seal Impressed: 0
Reso. # on StaffReport~
Date Memo/Letter Sent for Signature:
I" Reminder Letter Sent:
Date Returned:
2nd Reminder Letter Sent:
Not Returned: 0
Request for Council Action & Staff Report Attached:
~ated Prior Resolutions (Other Than Below):
,6433,10584,10585,12634):
YesL
YesL
Yes
Yes
Yes
No~
NoX
NoY
No
No
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985,8234,655,92-389):
Copies Distributed to:
Animal Control
City Administrator
City Attorney
Code Compliance
Development Services
Others:
EDA
ll? ~00J~0iYIC\, Information Services
o Parks & Recreation
o
o
o
o
o
Ut1 \^Letv
o
o
Facilities
Finance
Police Department
Public Services
Fire Department
Human Resources
Water Department
By_
By_
By_
By_
By_
o
o
D
o
o
Notes:
Ready to File: _
Date:
Revised 12/18/03