HomeMy WebLinkAboutR34-Economic Development Agency
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ECONOMIC DEVELOPMENT AGENCY ORIGINAL
OF THE CITY OF SAN BERNARDINO
FROM: Maggie Pacheco
Executive Director
SUBJECf:
Hearing - Resolution of Public Interest and
Necessity for Ac~uisition of Real Property:
723-739 West s' Street, San Bernardino,
California
DATE:
July 17, 2006
__________________________d____________________.____________________________________________________________----------------------
Svnonsis of Previous Commission/Conncil/Committee Action(s):
On February 7, 200S, 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 4"', S"', "0" and "H"
Streets, the parcels on the north side of S"' Street between "0" and "H" Streets, the 4 parcels on the northeast comer of S"' and
"0" Streets and 6 parcels on the south side of S"' Street between "0" and "F" Streets in accordance with the adopted Agency
Owner Participation Rules for the Central City North Redevelopment Project Area. No proposals were received.
On November 7, 200S, 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.
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Recommended Motion(s):
Open/Close Hearing
(Commnnitv Develonment 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 723-739 West S"' Street, San
Bernardino, California (APN: 0134-093-07) in the Central City North Redevelopment Project Area
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Contact Person(s):
Maggie Pacheco
Central City North
Redevelopment Project Area
Phone:
(909) 663-1044
Project Area(s)
Ward(s):
Supporting Data Attached: It'! Staff Report It'! Resolution(s) 0 Agreement(s)/Contract(s) Ii'i Map(s) 0 Letters
Approx.
FUNDINO REQUIREMENTS 436,800 Source: LowlMod Housing Bond Proceeds
SIGNATURE:
Budget Authority:
2005-2006 EDA Budget
.Oru- ~cu" ~/~~
Barbara Lindseth, Admin. Services Director
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P:\Aaend,,\CQwm Dev Commbsion\CDC 1006\07-24-06 Resolution ofNecessUy - 723-739 West Sib Street Flnal SR.doe
COMMISSION MEETING AGENDA
Meeting Date: 07/2412006
Agenda Item Number: R:!,'1
4816-1908-8641.1
ECONOMIC DEVELOPMENT AGENCY
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STAFF REPORT
HEARING - RESOLUTION OF PUBLIC INTEREST AND NECESSITY FOR ACQUISITION
OF REAL PROPERTY: 723-739 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" or "Project") and the
Redevelopment Project Study and Exclusive Right to Negotiate Agreement ("Agreement") with
Watson & Associates Development Co., Inc. ("Developer"). Through the Plan and the CEQA
compliance that was undertaken as part of the Plan approval on November 7, 2005, 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.
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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 Project Plan will also include complimentary parking and
amenities, which will include a unified 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, 5
additional parcels are in escrow or pending escrow and 16 parcels remain to be acquired.
On March 25, 2006, a qualified appraiser prepared an appraisal of the property located at 723-739
West 5th Street, San Bernardino, California (APN: 0134-093-07) (the "Property") for the Agency. The
appraisal concluded that the market value as of February 21, 2006, the date of the inspection, was
$312,000.
On May 19, 2006 the Agency sent a purchase offer ("Offer") to Walter L.B. Ammons ("Property
Owner") to purchase the Property in the amount of $312,000. The Offer was mailed to 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, Walter L.B. Ammons, received the Offer. In the 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.
e The Agency appraisal of the Property and Offer are in conformity with Government Code 9 7267.2(b).
4816-1908-8641.1 COMMISSION MEETING AGENDA
P:\AjEeAdas\Comm Dev Commbsioa.\CDC 2006\07.14--06 RaoludoQ. orNeeeutly. 713-7351 West Sib Slr"' FIAIISR.doc Meeting Date: 07n412006
Agenda Item Number: 1w"!J'I
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Economic Development Agency Staff Report
CCN Property Acquisition-APN: 0134-093-45
Page 2
On June 16,2006, the Property Owner responded with a counter offer that the Agency purchase the
Flowerland Plaza building (located on Highland Avenue near Del Rosa) for $2,000,000 and pay at
least $150,000 for advertising, repairs and loss of business income, complete overhaul of the
Flowerland Plaza including refrigeration, large vents, windows, glass fronts with bars, steel gates,
repair room, show case room, retail sales room, walk in fire-proof safe, display lighting, flood lights,
heat and air system, a large area for stock, coating and rubberizing the entire parking lot and relocation
costs.
The Property site has 5,796 square feet. It is a rectangular shaped interior site. It has four (4) retail
units including an insurance business, a shoe repair business, the Ammons store that buys and sells
coins. The other unit is currently unoccupied: a masonry structure, of average quality and built in
approximately 1924.
CURRENT ISSUES:
Therefore, in conformance with the Code of Civil Procedure Section 1245.235, on July 6, 2006, a
notice of the July 24, 2006 hearing on adopting a Resolution of Public Interest and Necessity was sent
by certified mail to Property Owner Walter L.B. Ammons at 735 West 5th Street, San Bernardino,
California, 92410, 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.
On July 10, 2006, Louis E. Goebel acting as legal counsel for the Property Owner ("Ammon's Legal
Counsel") advised the Agency that they intend to be present at this hearing to oppose the Resolution of
Necessity action. The Property Owner asked that his letter be placed in the record. The letter is
attached as Exhibit A. The Property Owner objected to the Resolution of Necessity on several
grounds:
I. The public interest and necessity do not require the project,
2. The project is not planned or located in a manner that will be most compatible with the
greatest public good and least private injury,
3. The property sought to be acquired is not necessary for the project,
4. The Commission has made a predetermination to proceed with the project, regardless of
the record,
5. The offer to acquire did not include compensation for all property rights and interests
taken or damaged,
6. The environmental processing was not accomplished according to law,
7. Notice of this hearing was inadequate.
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:
-4816:1908~i64iJ-------------------------------------------------------------------------------------- COMMISSION--MEETING AGENDA-
P:\Aaendas\Comm Dry Comlllissloll\CDC 2006\07-14-06 Rnolutwn orNceaslty. 7:zJ..739 West 51h Stmt Final SR.doc Meeting Date: 07/2412006
Agenda Item Number: P.2> y
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Economic Development Agency Staff Report
CCN Property Acquisition-APN: 0134-093-45
Page 3
The public interest and necessity require the acquisition of the Property: The Agency has
adopted a Plan that includes this Property together with an agreement to assemble land for
eventual redevelopment in accordance with said Plan. The proposed Project is a unified mixed-
use development that will include portions of the Property. The proposal is to have retail on
the bottom level and housing on the second and third levels that will include some affordable
housing. During the past year, the Agency has acquired six (6) parcels of land,S additional
parcels are in escrow or pending escrow and 16 parcels remain to be acquired 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 iniury: 5th Street has had a problem with crime
and blight, particularly near the 1-215 freeway. 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. Redevelopment of the
Property will provide needed residential and retail development and assist with elimination of
blight in other areas in proximity to the Project. 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
substandard and inadequate lot size. The Project will 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 and code compliance
cases. The Agency has seen some success in its increased effort to address blight in this area,
although there is still much work to do. Part 1 Crimes for this area in 2004 were 426 and 436
in 2005. The number decreased dramatically to 91 from January 11 to April 11, 2006. This
Project will provide attractive affordable housing. This creates a sense of pride and increases
the public's effort to keep their neighborhood safe and secure. This project will further the
positive impact started by TELACU and the new Holiday Inn Express in the in the Central City
North Redevelopment Project Area. 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. The Redevelopment Plan was amended on September 7,
2004 by adoption of an amendment to reinstate the power of condemnation together with an
Environmental Impact Report ("EIR") that was duly certified at that time
3. The subiect Property is necessary for the Project: The Agency previously acquired several
parcels of real property in the vicinity of the Property and desires to acquire this additional
Property to provide sufficient contiguous land for the Proj ect. This particular property is
located within the proposed development. The Project cannot be built around the subject
Property. The Property is unattractive, without landscaping or appealing architectural features.
Allowing the Property to remain within the Project area would shortchange and tarnish the
Project. It would also create a situation where the Developer would either abandon the Project
4816~1908-864IJ--'-""-------'-------"------'---------COMMISSION MEETING AGENDA
P:\Alenda.s\Comm Dev Commlssion\CDC l006\O7.24-46 Resoblllon ofNeeessity - 7U.. 7JIl West Stb Slreet Final SR.doe Meeting Date: 07/24/2006
Agenda Item Number: Jl.39
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Economic Development Agency Staff Report
CCN Property Acquisition-APN: 0134-093-45
Page 4
(thereby hurting the City residents) or demand increased concessions. It should be noted that
the Property Owner has never made a request for Owner Participation in the Project.
4. The Government Code & 7267.2(a) offers have been made to the record Property Owner:
On May 19, 2006 the Agency submitted a formal acquisition offer to the Property Owner of the
subject Property. The offer complied with Government Code S 7267.2. The Property Owner
responded with a counter offer that was in excess of the Agency Offer by an amount that was 6
times greater than the Agency offer.
5. The Commission has not made a predetermination to proceed with the Proiect. The
Property Owner opposed the proposed Resolution on the ground that the Commission has made
a predetermination to proceed with the Project, regardless of the records. That is absolutely
untrue. The Commission has never rubber-stamped its consent on any matter brought in a
hearing and this is certainly not the case here.
6. The offer did include compensation for all property interests. The Owner claims that the
offer to acquire did not include compensation for all property rights and interests taken or
damaged. In fact, the Proposed Agreement to Purchase Real Property (Escrow Instructions)
states that the offer was for "seller's fee interest in the land and any improvements located
thereon, severance damages, relocation expenses, loss of business goodwill, costs, interest,
attorney's fees, any leasehold payments of legal tenants, and any claim whatsoever of Seller
..." (Agreement to Purchase, p. I, para 2).
7. The environmental processin!! was accomplished accordin!! to law. The Owner claims that
the environmental process was unlawful. The Commission considered and certified the
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
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. The statute
of limitations applicable to challenges that a public entity approved a project without making a
proper CEQA determination is 35 days from the date of the filing by the public agency of the
notice or if there is no notice or formal decision, 180 days from the date of the public agency's
decision to carry out or approve the project. There was no CEQA challenge and the time has
expired to do so.
8. AdeQuate notice was !!ive of this hearin!!. The Property Owner last claims notice was
inadequate. The Agency provided notice to the Owner on July 6, 2006 by certified mail, of the
July 24, 2006 hearing. Notice was provided to the Owner at the address in the last equalized
county assessment roll notice On July 3, 2006, Agency counsel also wrote a letter to the
Property Owner advising that the hearing would be on July 24, 2006. The Property Owner's
attorney in his letter dated July 10, 2006 requesting a right to appear and be heard at the July
24,2006 hearing. The Owner had actual notice of the hearing.
-';816:i908-8641-~i----------------- -------------C-OMMISSION MEETING AGENDA
P:\Accndls\COIIIIII Dcv C9mmlssio~\CDC 1006\07-24-06 Resobltloa orNeeaslty. 723-739 West Sib Street FlAal SR.doe Meeting Date: 07/2412006
Agenda Item Number: /l.3 'I
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Economic Development Agency Staff Report
CCN Property Acquisition-APN: 0134-093-45
Page 5
ENVIRONMENTAL IMPACT:
On or about September 7, 2004, the Commission considered and certified the Enviromnental Impact
Report SCH#20030310n (the "EIR") in accordance with the California Enviromnental 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 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 $312,000 plus court costs and
legal expenses normally associated with condemnation proceedings for an approximate total of
$436,800.
RECOMMENDATION:
That the Community Development Commission adopt the attached Resolution.
Maggie Pacheco, Executive Director
4816-19Q8-864J.l
COMMISSION MEETING AGENDA
Meeting Date: 07/24/2006
Agenda Item Nnmber: ~
P:\Aienda$\CODlDl Dcv Conunlaion\CDC :006\07-14-06 Resolution ofNeeadCy - 723-739 West Sth Street Flaal SR.doe
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RESOLUTION NO.
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 723-739 WEST 5TH STREET, SAN
BERNARDINO, CALIFORNIA (APN: 0134-093-07) IN THE CENTRAL
CITY NORTH REDEVELOPMENT PROJECT AREA
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WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency"),
public entity created pursuant to the Community Redevelopment Law (Health and Safety Cod
Section 33000, et seq.), is authorized to acquire and redevelop blighted properties located in th
City of San Bernardino (the "City"), in accordance with the Community Redevelopment Law'
and
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WHEREAS, the Community Development Commission of the City of San Bernardin
(the "Commission"), as the governing board of the Agency, has authorized the Agency t
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assemble and acquire real property for community redevelopment purposes in the Central Cit
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North Redevelopment Project Area ("Project Area"); and
WHEREAS, the Project Area displays substantial and pervasive symptoms of blight tha
cannot be remedied by private parties acting alone without community redevelopment assistance'
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and
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WHEREAS, the Agency has acquired other real property in the Project Area; and
WHEREAS, on March 11,2005, the Agency mailed a notice to the owner ofrecord 0
the real property located within the Project Area as described and informed such persons that th
Agency intended to appraise the property for possible acquisition; and
WHEREAS, the Agency retained the services of an appraiser to appraise the property an
the appraiser has reported an opinion of the fair market value of the improved property located a
723-739 West 5th Street, San Bernardino, CA 92410 (APN: 0134-093-07) (the "Property"); and
WHEREAS, the Property is improved with four (4) retail units. One unit is currentl
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4830-5504-1536.1 I
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unoccupied. The other units are occupied with an insurance business, a shoe repair business an
shop that includes buying/selling of coins, currency and jewelry. The building is a maso
structure and built in approximately 1924; and
WHEREAS, based upon such real property appraisal report, the Commission authorize
the Agency to send a purchase offer and summary statement of valuation in conformity wit
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Govemment Code ~ 7267 .2(b) to the owner of record, to attempt to purchase the Property at th
appraised value in lieu of condenmation, and on May 19,2006, the Agency mailed a purchas
offer and summary statement of valuation in conformity with Govemment Code Section
7267 .2(b) to the owner of record of the Property based on the appraised value of the Propert
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described in this Resolution; and
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WHEREAS, the Agency transmitted the offer to purchase the Property situated within th
Project Area, based on the appraised value on May 19, 2006, to the owner of record of th
Property at the address on file with the office of the County Tax Assessor, as shown on the las
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equalized county assessment roll and the owner of record, Walter L.B. Ammons, received th
Agency's offer; and
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WHEREAS, on June 16,2006, the Property Owner transmitted to the Agency a counte
offer that the Agency purchase the Flowerland Plaza building (located on Highland Avenue ne
Del Rosa) for $2,000,000 and pay at least $150,000 for advertising, repairs and loss ofbusines
income, complete overhaul of the Flowerland Plaza including refrigeration, large vents
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windows, glass fronts with bars, steel gates, repair room, show case room, retail sales room, wa
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in fire-proof safe, display lighting, flood lights, heat and air system, a large area for stock
coating and rubberizing the entire parking lot and relocation costs; and
WHEREAS, the Agency has not been able to satisfactorily complete a negotiate
purchase with the owner of record of the Property to acquire the Property for communit
redevelopment purposes; and
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WHEREAS, the Commission has served as the "lead agency" as defined in the Californi
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,., Environmental Quality Act ("CEQA") for the purpose of conducting an environmental review i
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connection with the acquisition of the Property; and
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WHEREAS, on November 7,2005, the Commission adopted Resolution No.CDC/2005
39 approving a Redevelopment Study Agreement and Exclusive Right to Negotiate (th
"Agreement") by and between the Agency and Watson and Associates Development Company
Inc. (the "Developer"), and adopted the Mitigated Negative Declaration for the Downto
Mixed Use Project Plan (the "Plan") and for the Project (the "Project") described in more detai
in the CEQA Initial Study dated October II, 2005; and
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WHEREAS, on or about September 7, 2004, the Agency considered and certifie
Environmental Impact Report SCH#20030310n (the "EIR") in accordance with the CEQA fo
the Project Area, and the acquisition of property contemplated within the Plan and for the Projec
is consistent with the EIR; and
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WHEREAS, the Property Owner never made a CEQA challenge and the time has expir
to do so; 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 42
for 2004; and
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WHEREAS, the Agreement contemplates the Agency acquiring or obtaining control 0
parcels necessary for the Plan either through purchase negotiations or alternatively, by eminen
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domain proceeding, if necessary; and
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WHEREAS, on July 6, 2006, notice of intent to adopt this Resolution was mailed to th
owner of record of the Property, Walter L.B. Ammons, at the address of record on file at th
office of the County Tax Collector and at the last known address for the owner of the Property.
and
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WHEREAS, on July 10, 2006, the Agency received a letter from Louise E. Goebel actin
as legal counsel from Walter L.B. Ammons ("Ammon's Legal Counsel") advising the Agenc
that they intend to be present at this hearing to oppose the Resolution of Necessity action; and
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WHEREAS, on July 24, 2006, after not less than fifteen (15) days written notice to th
owner of the Property, the Commission conducted a hearing for the purpose of affording th
owner of the Property a reasonable opportunity to appear and be heard on the matters referred t
in Code of Civil Procedure Section 1240.030 and whether the Agency has met all othe
prerequisites for the exercise of eminent domain to acquire the Property for the Plan an
community redevelopment purposes; and
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WHEREAS, the Commission has determined as a result of such hearing on July 24
2006, that the public health, safety and welfare require the Agency to acquire the subjec
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 tru
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and correct.
Section 2.
The real property to be acquired under the authority of this Resolution i
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located in the Project Area in the City of San Bernardino, California, and is also known as 723
739 West 5th Street, San Bernardino, California 92410 (San Bernardino County Assessor Parce
Number 0134-093-07). The Property is more particularly described in the legal descriptio
attached as Exhibit "A." The interest in the Property to be acquired consists of all of the fe
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
easements and appurtenances to the Property.
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Section 3.
On July 6, 2006, the Agency transmitted a notice of hearing to the kno
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owner of record (Walter L.B. Ammons) at 735 West 5th Street San Bernardino, Californi
92410, the address on file with the office of the County Tax Assessor as shown on the las
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equalized county assessment roll.
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The Commission acknowledges receipt of the written reports an
Section 4.
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,., information relating to the Project Area, including the Staff Report and Agreement between th
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Agency and Developer concerning the Plan, correspondence from the Owner's legal counsel an
the appraisal of the Property, staff reports, and oral reports and information submitted to th
Commission during the course of the hearing conducted on July 24,2006.
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Section 5.
The Commission on behalf of the Agency finds and determines that th
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hearing conducted by the Commission on this matter on July 24, 2006, was full and fair, and tha
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each interested person has been afforded a full and fair opportunity to present evidence an
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testimony relating to assembly of land for the Plan, and the matters described in Code of Civi
Procedure Section 1240.030, and the acquisition of the Property, and all interests in it, by th
Commission for community redevelopment purposes by the exercise of eminent domain an
other relevant matters.
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Section 6.
The Commission declares its intent to acquire the Property for the PI
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and in furtherance of community redevelopment purposes in the name of the Agency i
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accordance with the laws of the State of California including the Community Redevelopmen
Law and Health and Safety Code Sections 33391 and 33492.40. The Commission further find
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and determines that all of the prerequisites to the exercise of eminent domain by the Agency wit
respect to such acquisition of the Property for the Plan have been met.
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Section 7.
The Commission has found and determined that the acquisition of th
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Property for the Plan is an activity, which is covered under a Mitigated Negative Declaratio
adopted by the Commission on November 7, 2005 and a Notice of Determination was filed wi
the Clerk of the County on November 10,2005.
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Section 8.
In accordance with the provisions of Code of Civil Procedure
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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 th
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Property for the Project, as necessary to alleviate conditions of blight in the Project Area, whic
are documented and described in more detail in the 2004 EIR and CEQA Initial Study date
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October 11, 2005, which Initial Study and Mitigated Negative Declaration was approved 0
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_ November 7,2005, and to provide for the orderly redevelopment of the Property and other re
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property included in the Project Area. The assembly and redevelopment of the Property i
necessary as the Project Area displays a number of conditions of blight, including withou
limitation prevalence of absentee owners, high volume of code compliance cases, crime statistic
substantially higher than the City rate, the presence of old structures that show signs 0
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 0
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substantially hinder the economically viable use of such real property in its present condition.
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For the period of January 11 through April 11, 2006, the number of Part I Crimes within the are
of the Plan and Project were 91. For the period 2005, there were 436 Part I Crimes. For th
period 2004, there were 426 Part I Crimes. For the period of January 11 through April 11, 2006
this equates to 312.69 Part I Crimes per 1,000 people. Part I Crimes include murder, rape
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11
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assault, robbery, burglary, grand theft auto and other theft.
Crimes such as dru
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use/possession/sale, panhandling, prostitution, etc., are not included in the figures. Acquisitio
and assembly of the Property for community redevelopment purposes, the Plan and the Project
together with other lands already owned by the Agency in the Project Area, will foster th
elimination of blight and assist with the redevelopment of the Project Area, and assist wi
elimination of blight in other lands in proximity to the Project Area. The Plan and the Projec
include without limitation mixed income and mixed commercial and residential uses.
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The Plan and the Project are planned or located in the manner that will be mos
(b)
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compatible with the greatest public good and the least private injury in light of the fact that th
real property included in the Project Area displays a number of symptoms of blight. The PI
and Project shall also facilitate the completion of a land assembly program previously initiate
by the Agency and foster the reuse of a developed urban area that has stagnated in recent year
under the burdens of economic obsolescence, small lot size, diverse ownership, absentee owners
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tenant occupancy, high crime and code compliance cases, property tax liens and inadequat
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public improvements.
(c)
The Property described in this Resolution is necessary for the Plan and th
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Project, as its acquisition and reuse for the Plan and the Project is part of a neighborhood plan t
eliminate blight and provide for the redevelopment and improvement of the other lands owne
by the Agency within the Project Area.
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(d)
The purchase offer required by Government Code Section 7267.2 has been maile
5
to the owner of record of the Property by the Agency, and the Agency has not been successful i
acquiring the Property based upon the conditions contained within the offer. The Commissio
deems it appropriate and necessary to approve the Agency acquisition of the Property fo
assembly for the Plan and the Project.
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B
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Section 9.
(a)
The law firm of Lewis Brisbois Bisgaard & Smith, LLP, as lega
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counsel to the Agency ("Agency Counsel"), is authorized and directed to prepare, institute an
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prosecute in the name of the Agency such proceedings in the court having jurisdiction, as may b
necessary for the acquisition of the Property.
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(b)
The sum payable by the Agency as probable compensation for the acquisition 0
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the Property by eminent domain, as determined by the appraisal, may, in the discretion 0
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 0
Agency Counsel to the County Treasury; or (ii) at the election of the person(s) who may claim
interest in the Property to be acquired by such condemnation proceedings, in such other manne
as such interested person(s) may request in writing, subject to the approval of the Executiv
Director and Agency Counsel.
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1B
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Agency Counsel is also authorized, subject to the approval of the Executiv
(c)
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Director, to engage in settlement negotiations and, if possible, arrange for purchase of th
Property in lieu of condemnation at the appraisal price prior to or subsequent to
condemnation complaint to commence acquisition of the Property by eminent domain.
Section 10. 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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8S
. ///
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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 723-739 WEST 5TH STREET, SAN
BERNARDINO, CALIFORNIA (APN: 0134-093-07) IN THE CENTRAL
CITY NORTH REDEVELOPMENT PROJECT AREA
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6
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PASSED, APPROVED AND ADOPTED this _ day of
,2006.
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I CERTIFY that the foregoing Resolution was duly adopted by the Community
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Development Commission of the City of San Bernardino at its
meeting
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, 2006 by the following vote, to wit:
held on
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Abstain
Absent
Navs
Commission Members:
Aves
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13
ESTRADA
BAXTER
MCGINNIS
DERRY
KELLEY
JOHNSON
MC CAMMACK
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16
17
18
19
20
Secretary
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The foregoing resolution is hereby approved this
day of
,2006.
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Patrick 1. Morris, Chairperson
Community Development Commission
of the City of San Bernardino
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Approved as to Form and Legal Content:
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~/41-
Agency Co I
By:
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EXHIBIT "A"
ALL THAT PORTION OF LOT 6, BLOCK 26 OF THE CITY OF SAN BERNARDINO, AS PER
PLAT RECORDED IN BOOK 7 OF MAPS, PAGE 1, RECORDS OF SAID COUNTY, DESCRIBED AS
FOLLOWS,
BEGINNING AT A POINT ON THE NORTH LINE OF SAID LOT 6, 118 FEET WEST OF THE
NORTHEAST CORNER OF SAID LOT ;
THENCE SOUTH 68.8 FEET;
THENCE WEST 84.54 FEET;
THENCE NORTH 68.8 FEET;
THENCE EAST 84.45 FEET TO THE POINT OF BEGINNING.
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date AdoPted)~l.~ L~\ \')(p Item # \L~~ Resolution # tDt/J-000-;).. ~
Vote: Ayes} }'J '\ '-IJ ;:;>J'l-~ Nays 1 Abstain '& Absent "A.,
Change to motion to amend original documents 0 Companion Resolutions
NulllVoid After: JJ fA days I
Resolution # On Attachments: 0
Note on Resolution of attachment stored separately: 0
PUBLISH 0
POST 0
RECORDW/COUNTY 0
By:
Date Sent to Mayor:
Date of Mayor's Signature:
Date of ClerklCDC Signature:
Reso. Log Updated: QQ
Seal Impressed: 0
Reso. # on Staff Report ~
Date MemolLetter Sent for Signature:
I" Reminder Letter Sent:
AJ /A- Date Returned:
,
Not Returned: 0
2"d Reminder Letter Sent:
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 NoL By_
Yes NOL By_
Yes No~ By_
Yes No V' By_
Copies Distributed to:
Animal Control 0 EDA 0 Information Services 0
City Administrator 0 Facilities 0 Parks & Recreation 0
City Attorney 0 Finance 0 Police Department 0
Code Compliance 0 Fire Department 0 Public Services 0
Development Services 0 Human Resources 0 Water Department 0
Others:
Notes:
Ready to File: _
Date:
Revised 12/18/03