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HomeMy WebLinkAboutR31-Economic Development Agency ECONOMIC DEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO FROM: Maggie Pacheco Executive Director SUBJECT: Hearing - Resolution of Public Interest and Necessity for Acquisition of Real Property: 673 West 5th Street, San Bernardino, California (San Bernardino School Property/Garcia) DATE: October 4, 2006 ._______________...._____________________.__.+++____________.__________...._._........._____________________n.....__...____________________++._______________________+___________________u+._..__________________._.__ 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 4'", 5'", "G" and "H" Streets, the parcels on the north side of 5"' Street between "G" and "H" Streets, the 4 parcels on the northeast comer of 5'" and. "G" Streets and 6 parcels on the south side of 5'" Street between "G" 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, 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. _______nn_________+________n___________n____.n______n______________n_.___________n__ ________________________.._____________________ Recommended Motion(s): Open/Close Hearing (Communitv Develooment 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 673 West 5'" Street, San Bernardino, California (San Bernardino School Property/Garcia - APN: 0134-101-02 and 03) in the Central nmmmnnnmnmnn~itxl'.':l()nrt~n~e.c1envelol'l11~ntl'_'()Le"t.=^'rnenammnmnmmn mnnnmnnnmmmnnnnmmmmmmmmnmnnnnnnnnmnnnnnn_nnnmnmmmn Contact Person(s): Maggie Pacheco Central City North Redevelopment Project Area Phone: (909) 663-1044 Project Area(s) Ward(s): Supporting Data Attached: 0 Staff Report 0 Resolution(s) 0 Agreement(s)/Contract(s) 0 Map(s) 0 Letters Approx. FUNDING REQUIREMENTS Amount: $ 586,800 Source: Low/Mod Housing Bond Proceeds / Budget Authority: 2005-2006 EDA Budget , J n, '-)cu 6nc" Cu,i_?'!',-' ;/ Barbara Lindseth, Admin. Services Dire~6~ SIGNATURE: Commission/Council Notes: _______________________________n______________________________________________________________+.....__________________d.......________________________+_.______________________..___---------------+----------- J>:\Ai:elld~~\Cllmm De~ cQlllrllJs~iOll\CDC lOOll\IU-I6--06GlIrcia-SBSchooJ I'rupu1) Rewhllion ofNecc>>it}' - 073 West 51h Slreet SR.lIucCOMMISSION MEETING AGENDA Meeting Date: 10/16/2006 Ageuda Item Number: ~ ECONOMIC DEVELOPMENT AGENCY STAFF REPORT HEARING - RESOLUTION OF PUBLIC INTEREST AND NECESSITY FOR ACQUISITION OF REAL PROPERTY: 673 WEST 5TH STREET, SAN BERNARDINO, CALIFORNIA (SAN BERNARDINO SCHOOL PROPERTY/GARCIA) BACKGROUND: On November 7, 200S, 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 California Environmental Quality Act CCEQA") compliance that was undertaken as part of the Plan approval on November 7, 200S, the Agency will acquire certain properties in an effort to encourage and effectuate .the redevelopment of certain real property ("Study Area") bounded by, Sth 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 Sth Street between "H" Street and "G" Street, the four (4) parcels at the northeast comer of Sth Street and "G" Street, and the six (6) parcels at the southeast comer of Sth and "G" Streets but excluding the new TELACU II Monte Vista Senior Housing Complex and the new Holiday In Express on "G" Street. 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 Sth Street, with townhouses located immediately south of the mixed use development on the south side of Sth Street and on the west side of "G" Street. Moreover, the objective of the Project is to act as a catalyst in the revitalizing of the downtown area and to encourage people to live and work in downtown. 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 nine (9) parcels, one (1) additional parcel is in escrow and thirteen (13) to seventeen (17) parcels are pending acquisition. On June 30, 2006, the Agency sent a purchase offer ("Offer") to San Bernardino School Property, a General Partnership ("SB School Property") and Gerardo Garcia ("Garcia") ("Property Owners") to purchase the property located at 673 West Sth Street, San Bernardino, California (APN: 0134-101-02 and 03) ("Property"). The beauty school is situated on both parcels. The SB School Property is the owner of record for APN: 0134-101-02 and Garcia is the owner ofrecord for APN: 0134-101-Q.3. Previously, SB School Property was the record of owner for both parcels; however, the San Bernardino County records indicate that on June 17, 200S, a Grant Deed was executed by SB School Property transferring APN: 0134-101-03 to Garcia. On June 20, 200S, the Grant Deed was recorded as document number 200S- 0487380 with the County of San Bernardino. San Bernardino County Department of Public Health records show that Garcia passed away on September 29, 200S. The Offer included an Appraisal Summary Statement in conformity with Government Code Section 7267.2(b), which was prepared by a qualified appraiser. The Offer was mailed to the addresses on file with the office of the County Tax Assessor as shown on the last equalized County assessment roll. In the Offer that was transmitted to the Property Owners, the Property Owners were requested to convey free ______u.uuonn____n_nn________________n_n_nnn_n_u.....nn__._____nn_n_______n__________nn_n_nn__n_____n__n_n_._____nnnn_______________________________~++__.______n__________________ PAgenJJ.s,Cumrn De; COll1mi"i<.1Il,CDC 2U06",1U-16-06 G"r,i~-SB Schoul Propeny Resoluli,m "fNecc"ity - 673 Wesl 51h Slreel SR,doc COMMISSION MEETING AGENDA Meeting Date: 10/16/2006 Agenda Item Number: .&JL Economic Development Agency Staff Report S.B. School Property/Garcia - CCN Property Acquisition (APN: 0134-101-02 and 03) Page 2 and clear title and additionally, free and clear of all leasehold interests in the Property by tenants and any other parties, if applicable. On July 7, 2006, the Offer that was mailed to Garcia was returned to the Agency by the United States Postal Service ("USPS") stating that the Post Office Box for Garcia was closed and that the USPS was not able to forward the mail. On July 13, 2006, the Offer that was mailed to SB School Property was returned to the Agency from SB School Property stating that they are no longer the owner of parcel number (APN: 0134-101-02). CURRENT ISSUES: Therefore, in conformance with the Code of Civil Procedure Section 1245.235, on September 27, 2006, after again verifying owners of record and mailing addresses with the San Bernardino County Assessors Office, a notice of the October 16, 2006 hearing on the intent of adopting a Resolution of Public Interest and Necessity ("Notice") was sent by certified mail to the Property Owners whose names and address appear on the last equalized County assessment roll, in order to afford such Property Owners a reasonable opportunity to be heard by the Commission. The hearing by the Commission and the adoption of the Resolution of Public Interest and Necessity are legal preconditions to the exercise of the Commission's power of eminent domain. Moreover, Code of Civil Procedure Section 1245.230 requires that the Commission make the following findings and that each be included in the Resolution of Necessity: 1. The public interest and necessity 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 the Property. During the past year, the Agency has acquired nine (9) parcels of land, one (1) additional parcel is in escrow and thirteen (13) to seventeen (17) parcels are pending acquisition. The Agency finds it appropriate to continue the program ofland 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 5th Street Corridor has had years of problems 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 -------------------------------------------------------------------------_.-_.-----------------------------+----------------------.-------------------_.......--------_.....--------------.....--....----.. 1':\Ai:elldu\COlllrll Of\' COlllllliuiQIl\CDC lOG6\10-16-0bGlIrciM-SBSchDllJ Proptn)' RC)Qlulion orNece~it)'. 673 Wesl5lh Street SR.uucCOMMISSION MEETING AGENDA Meeting Date: 10/16/2006 Agenda Item Number: ~31 Economic Development Agency Staff Report S.B. Schuul Properly/Garcia - CCN Properly Acquisilion (APN: 0134-101-02 and 03) Page 3 area that has stagnated in years under the burdens of small lot size, diverse ownership, abandoned properties, absentee owners, high crime and code compliance cases. Part I Crimes for this area in 2004 were four hundred twenty-six (426) and four hundred thirty-six (436) in 2005. Although the number decreased dramatically to ninety-one (91) from January II to April II, 2006. This Project will provide attractive affordable and mixed housing similar to TELACU but with an emphasis on homeownership. This creates a sense of pride and increases the public's effort to keep their neighborhood safe and secure. This Project will enhance the positive impact started by TELACU and the new Holiday Inn Express in the 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 approval of an Environmental Impact Report SCH#2003031 072 (the "EIR") that was duly certified at that time. 3, The subiect Property is necessary for theProiect: 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 Project. This particular Property is located directly in the middle of the proposed Project development. It does not make good land use planning to build the Project around the subject Property. 4, The Government Code & 7267.2(a) offer has been made to the record Property Owners: On June 30, 2006. the Agency submitted a formal Offer to the Property Owners of the subject Property. The Offer complied with Government Code Section 7267.2. 5. The environmental processing was accomplished according to law: The Commission considered and certified the EIR in accordance with 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 thirty-five (35) days from the date of the filing by the public agency of the notice or if there is no notice or formal decision, one hundred eighty (180) days Irom 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. 6, Adequate notice was given of this hearing: The Agency provided a Notice to the Property Owners on September 27,2006. by certified mail of the October 16,2006 hearing. Notice was provided to the Property Owners at the addresses in the last equalized County assessment roll notice. Also. a copy of the notice was published in the San Bernardino Sun newspaper on Sunday. October 1,2006. _n__ ____ _ __ ___._____non_nou___.n__n_n__n_nnn_n_____n_n_nnnn_n_n_nun_n_n___nnn_________.____._nn_nnnn__._nnnnnnn_n_n_nnn_n_n__n___n_n_n__nnn_n_n_________ P:\".\!!etld~s...Conlln De'- Commission\CnC 2IHl(,\10-IG-06 C:mi;l-SR School Propet'l~ Re,,,llllion of "ecmily _ 673 Wesl ~ch Slreel SR,docCOMM ISSION MEETING AGENDA Meeting Date: 10/1612006 Agenda Item Number: R:!J.J- Economic Development Agency Staff Report S.B. School Property/Garcia - CCN Property Acquisition (APN: 0134-101-02 and 03) Page 4 ENVIRONMENTAL IMPACT: On or about September 7, 2004, the Commission considered and certified the EIR in accordance with 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, and said acquisition of the Property 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 oflimitations 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, by the Property Owners, and the time has expired to challenge CEQA compliance. FISCAL IMPACT: Based on the formal appraisal, the value of the subject Property is $489,000 plus court costs and legal expenses normally associated with condemnation proceedings for an approximate total of $586,800. RECOMMENDATION: That the Community Development Commission adopt the attached Resolution. <?\y';) L /) . ILJU~-~ Maggie Pacheco, Executive Director _nu_n_nnn_n_nn_nn_nhu_nnnn_nnnn__n_n_____._____n_n_nn__n_n_nn__U.._n_n_nn_n_n_n_nnn__+_+_n___n__nnnn_nnnn___.nnnn__n___nn__n_____n_n_nn_n____U...._ P;\A~endas\COIDIIl Dev O;lmmiulonlCDC Z006110-It.-G6 GardA-SB Schuol Propert}' Resolution ofNecesslly - 613 \\itst Sth Street SR.dllcCOl\'Il\'IISSION MEETING AGENDA Meeting Date: 10/16/2006 A~enda 1Iem Number: .&3.L = '" o ~ ~ o ~ ~ <pO ~ ~ ~ 0""" '" ~ -"0 0", ~~~ ,_ 00 u~.... o C -0 ~ '"' >- :..0 C L .?'% :.:"" ;;;r :; ~ I ':U'" . > "C... > ~ ~ ~ IIl1Z r-?i 'CC/ -= --H1Hr-- , , \"UI H-" 1 ~ - T @ : :3 " ;;: , @ ~ ~ <1l .... u ... <1l '-' u__~_,...... m N @ , @ . ~ , " >, '-' ... <1l 0. 0 ... P< .-< 0 0 ~ "" U - . ~ '" @ ~ '" ~ '" ~( It Oil , ,- --HHl\ - -- @ " @ - 0\ ;: >,.-< '-' 0 ;;l 0 <1l"" <1l U "'''' -----+ -, o ~ i ~ '! ~.n @ n '(1 ^ ~ U lit " J'. '% J',.. >f. : .. , I I I I I I I I ",J J I ~ - ~ ~ 8 11__ - ~ "'~ _0 '-' o...~o oo~ ::::1:0...:0 _VI"'; ~ ~'" ~ 0- ~ ~'" ~ ~ m ~~ ~o~ ~oo """m'" ;;; ;;: - E ::: ~ o o ~ "i1 g 0134-101-28 0134-101-04, 05 and 06 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 673 WEST 5TH STREET, SAN BERNARDINO, CALIFORNIA (SAN BERNARDINO SCHOOL PROPERTY/GARCIA - APN: 0134-101-02 AND 03) IN THE CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA 4 5 6 7 8 WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency"), a 9 public entity created pursuant to the Community Redevelopment Law (Health and Safety Code 10 Section 33000, et seq.), is authorized to acquire and redevelop blighted properties located in the 11 City of San Bernardino (the "City"), in accordance with the Community Redevelopment Law; and 12 WHEREAS, the Community Development Commission of the City of San Bernardino (the 13 "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 14 15 Redevelopment Project Area ("Project Area"); and WHEREAS, the Project Area displays substantial and pervasive symptoms of blight that 16 17 18 cannot be remedied by private parties acting alone without community redevelopment assistance; and 19 WHEREAS, as of March 24~ 2005, San Bernardino School Property, a General Partnership 20 ("SB School Property") was the owner of record for the property located at 673 West 5th Street, 21 22 23 24 25 26 27 28 San Bernardino, California (APN: 0134-101-02 and 03) ("Property"); and WHEREAS, on March 24, 2005, the Agency sent a letter via certified mail to SB School Property, the owner of record to 1127 South Main Street, Findlay, OH 45840, the address on file with the office of the County Assessor, as shown on the last equalized County assessment roll of the Property, informing them that the Agency was reviewing a plan for the redevelopment and reuse of certain properties in the downtown area that included their Property and requested their submission of statement of interest to participate; and 1 P-\Agendas\Resoli.lliollt\Resolulions\2006\IO-lb.06 Garcia-S8 School Propeny - erN 673 Wesl 51h Street CDC Rtsodoc 1 WHEREAS, SB School Property did not respond or return the Statement of Interest to 2 Participate; and 3 WHEREAS, on April 6, 2005, the Agency mailed a notice to the SB School Property, 4 owner of record of the real Property located within the Project Area as described and informed 5 such person that the Agency intended to appraise the Property for possible acquisition; and 6 WHEREAS, the Agency retained the services of an appraiser to appraise the Property and 7 the appraiser has reported an opinion of the fair market value of the improved Property; and 8 WHEREAS, the Agency has acquired and continues to acquire other real property in the 9 ProjectArea;and 10 WHEREAS, the San Bernardino County records indicate that on June 17,2005, SB School 11 Property executed a Grant Deed transferring APN: 0134-101-03 to Gerardo Garcia ("Garcia"); and 12 WHEREAS, on June 20, 2005, the Grant Deed executed by SB School Property to Garcia 13 for APN: 0134-101-03 was recorded as document number 2005-0487380 with the Office of the 14 County Recorder, County of San Bernardino; and 15 WHEREAS, as of June 20, 2005, SB School Property was the owner of record for APN: 16 0134-101-02 and Garcia was the owner ofrecord for APN: 0134-101-03 ("Property Owners"); and 17 WHEREAS, the building and improvements located at 673 West 5th Street, San Bernardino, 18 California are situated on both parcels; and 19 WHEREAS, due to the passage of time, the Agency obtained an updated appraisal for the 20 Property; and 21 WHEREAS, based upon such updated real property appraisal report, the Commission 22 authorized the Agency to send a purchase offer ("Offer") to the owners of record, to attempt to 23 purchase the Property at the appraised value in lieu of condemnation, and on June 30, 2006, the 24 Agency mailed an Offer to Garcia and SB School Property, the owners of record of the Property 25 based on the updated appraised value of the Property described in this Resolution; and 26 WHEREAS, the Agency transmitted the Offer to purchase the Property situated within the 27 Project Area, based on the updated appraised value on June 30, 2006, to the Property Owners at the 28 addresses of record on file with the office of the County Assessor, as shown on the last equalized 2 P\Agendas\RcsohllioniIRnolutioMI2006\10-16-06 G;ucia-SB 5coo..,] Propeny. CCN 1.>73 WcJI 5th SlJeel CDC Resodol: 1 County assessment roll; and 2 WHEREAS, on July 7, 2006, the Offer that was mailed to Garcia was returned to the 3 Agency by the United States Postal Service ('"USPS") stating that the Post Office Box for Garcia 4 was closed and that the USPS was not able to forward the mail; and 5 WHEREAS, on Julv 13, 2006, the Offer that was mailed to SB School Property was 6 returned to the Agency from SB School Property stating that they are no longer the owner of parcel 7 number (APN: 0134-101-02); and 8 WHEREAS, the Agency has obtained a copy of the death certificate from the County of 9 San Bernardino showing that Garcia passed away on September 29, 2005; and 10 WHEREAS, the Agency has not been able to negotiate a purchase with the Property II Owners to acquire the Property for community redevelopment purposes; and 12 WHEREAS, the Commission has served as the "lead agency" as defined in the California 13 Environmental Quality Act ('"CEQA") for the purpose of conducting an environmental review in 14 connection with the acquisition of the Property; and 15 WHEREAS, on or about September 7, 2004, the Agency considered and certified 16 Environmental Impact Report SCH#20030310n (the "EIR") in accordance with CEQA for the 17 Project Area, and the acquisition of property contemplated within the Plan and for the Project is 18 consistent with the EIR; and 19 WHEREAS, the Property Owners never made a CEQA challenge and the time has expired 20 to do so; and 21 WHEREAS, on November 7, 2005, the Commission adopted Resolution NO.CDC/2005-39 22 approving a Redevelopment Study Agreement and Exclusive Right to Negotiate (the "Agreement") 23 by and between the Agency and Watson & Associates Development Company, Inc. (the 24 "Developer"), and adopted the Mitigated Negative Declaration for the Downtown Mixed Use 25 Project Plan (the "Plan") and for the Project (the "Project") described in more detail in the CEQA 26 Initial Study dated October II, 2005; and '27 WHEREAS, Part I Crimes within the area of the Plan and Project were reported as ninety 28 (91) incidents of crime for the period January II through April II, 2006, four hundred thirty-six , J P '.A~eT\das\Res()luliom;\Re'llllJl]()ns\~OU6,IU.16.0b GarCla-SIl School f'roperl\'. rcs b7.' West 51h Street CDC Reso doc 1 (436) for 2005 and four hundred twenty-six (426) for 2004; and 2 WHEREAS, the Agreement contemplates the Agency acquiring or obtaining control of 3 parcels necessary for the Plan either through purchase negotiations or alternatively, by eminent 4 domain proceeding, if necessary; and 5 WHEREAS, on September 27, 2006, Notice of Intent to adopt this Resolution was mailed 6 to the Property Owners at the addresses of record on file at the office of the County Assessor for 7 the owners of the Property; and 8 WHEREAS, on October 16, 2006, after not less than fifteen (15) days written notice to the 9 Property Owners, the Commission conducted a hearing for the purpose of affording the owners of 10 the Property a reasonable opportunity to appear and be heard on the matters referred to in Code of 11 Civil Procedure Section 1240,030 and whether the Agency has met all other prerequisites for the 12 exercise of eminent domain to acquire the Property for the Plan and community redevelopment 13 purposes; and 14 WHEREAS, the Commission has determined as a result of such hearing on October 16, 15 2006, that the public health, safety and welfare require the Agency to acquire the subject Property 16 for community redevelopment purposes and to facilitate the Project. 17 NOW, THEREFORE, BE IT RESOLVED THAT THE COMMISSION FINDS, 18 DETERMINES AND DECLARES AS FOLLOWS: 19 Section L The information set forth in the above recitals of this Resolution is true and 20 correct. 21 Section 2, The Property to be acquired under the authority of this Resolution is located 22 in the Project Area in the City of San Bernardino, California, and is also known as 673 West 5th 23 Street, San Bernardino, California 92410 (San Bernardino County Assessor's Parcel Number 0134- 24 101-02 and 03), The Property is more particularly described in the legal description attached as 25 Exhibit "A," The interest in the Property to be acquired consists of all of the fee simple absolute 26 title interest in the Property, and all of the right, title and interest of each person and owners of the 27 Property including the acquisition of each and every possessory interest and all easements and 28 appurtenances to the Property, 4 P ,A~~nda;'Resolutlons\Re;oluli,)[]>\~006\IO-16-06 Gar(LJ-SB Scllool Prop~rtv. eeN 67, West "Ill Street CDC Rcso doc 1 . Section 3. On September 27, 2006, the Agency transmitted a notice of hearing to the 2 known owner of record for APN: 0134-101-02 (San Bernardino School Property, a General 3 Partnership) at 1127 South Main Street, Findlay, Ohio 45840, the address of record on file at the 4 office of the County Assessor. 5 Section 4. On September 27, 2006, the Agency transmitted a notice of hearing to the 6 known owner of record for APN: 0134-101-03 (Gerardo Garcia) at Post Office Box 3, Highland, 7 California 92346, the address of record on file at the office of the County Assessor. 8 Section 5. The Commission acknowledges receipt of the written reports and 9 information relating to the Project Area, including the Staff Report and Agreement between the 10 Agency and Developer concerning the Plan, and the appraisal of the Property, staff reports and oral 11 reports and information submitted to the Commission during the course of the hearing conducted 12 on October 16, 2006, or as may be on file with the Agency Secretary. I3 Section 6. The Commission, on behalf of the Agency, finds and determines that the 14 hearing conducted by the Commission on this matter on October 16, 2006, was full and fair. and 15 that each interested person has been afforded a full and fair opportunity to present evidence and 16 tcstimonv relating to assemblv of land for the Plan, and the matters described in Code of Civil . ~ ~ 17 Procedure Section 1240:030, and the acquisition of the Property, and all interests in it, by the 18 Commission for community redevelopment purposes by the exercise of eminent domain and other 19 relevant matters. 20 Section 7. The Commission declares its intent to acquire the Property for the Plan and 21 in furtherance of community redevelopment purposes in the name of the Agency in accordance 22 with the laws of the State of California including the Community Redevelopment Law and Health 23 and Safety Code Sections 33391 and 33492.40. The Commission further finds and determines that 24 all of the prerequisites to the exercise of eminent domain by the Agency with respect to such 25 acquisition of the Property for the Plan have been met. 26 Section 8. The Commission has found and determined that the acquisition of the 27 Property for the Plan is an activity, which is covered under a Mitigated Negative Declaration 28 adopted by the Commission on November 7, 2005 and a Notice of Determination was filed with 5 P'\ge~dasRe"olulions\Rewluti0Ils\~(lOo,,](l.16.0() Garc.a-SB SdlOOI Property - ((~ 673 We~l ~th Street CDC Reso,doc I the Clerk of the County on November 10, 2005. 2 Section 9. The Commission has found and determined the following: I) The public 3 interest and necessity requires the Project; 2) The Project is planned or located in a manner that 4 will be most compatible with the greatest public good and least private injury; 3) The Property 5 sought to be acquired is necessary for the Project; 4) The Commission has not made a 6 predetermination to proceed with the Project, regardless of the record; 5) The offer to acquire did 7 include compensation for all property rights and interest taken or damaged; 6) The environmental 8 processing was accomplished according to law; and 7) Notice of this hearing was adequate. 9 Section 10. In accordance with the provisions of Code of Civil Procedure Section 10 1245.230. the Commission finds. determines. and declares as follows: 11 (a) The public interest, convenience and necessity require the acquisition of the 12 Property for the Project, as necessary to alleviate conditions of blight in the Project Area, which are 13 documented and described in more detail in the 2004 EIR and CEQA Initial Study dated October 14 11. 2005. which Initial Study and Mitigated Negative Declaration was approved on November 7. 15 2005. and to provide for the orderly redevelopment of the Property and other real property included 16 in the Project Area. The assembly and redevelopment of the Property is necessary as the Project 17 Area displays a number of conditions of blight, including, without limitation, prevalence of 18 absentee owners. high volume of code compliance cases, crime statistics substantially higher than 19 the City rate, the presence of old structures that show signs of dilapidation and deterioration and 20 small or substandard lot sizes within the Project Area, including the subject Property, and a diverse 21 pattern of land ownership which prevent or substantially hinder the economically viable use of 22 such real property in its present condition. For the period of January II through April II, 2006, 23 the number of Part I Crimes within the area of the Plan and Project were ninety-one (91). For the 24 2005 period. there were four hundred thirty-six (436) Part I Crimes. For the 2004 period, there 25 were four hundred twenty-six (426) Part I Crimes. For the period of January II through April II, 26 2006, this equates to three hundred thirteen (313) Part I Crimes per one thousand (1.000) people. 27 Part I Crimes include murder, rape, assault, robbery, burglary, grand theft auto and other theft. 28 Crimes such as drug use/possession/sale, panhandling, prostitution, etc.. are not included in the 6 PA~clldas',Rc\olutlon\\Rc<;0IulI0IlS"~()O(),I().I/).()6 Garcia.5B School Prope"v - CC~ 613 West 5th Street CDC Reso,doc 1 figures. Acquisition and assembly of the Property for community redevelopment purposes, the 2 Plan and the Project, together with other lands already owned by the Agency in the Project Area, 3 will foster the elimination of blight and assist with the redevelopment of the Project Area, and 4 assist with elimination of blight in other lands in proximity to the Project Area. The Plan and the 5 Project include, without limitation, mixed income and mixed commercial and residential uses. 6 (b) The Plan and the Project are planned or located in the manner that will be most 7 compatible with the greatest public good and the least private injury in light of the fact that the real 8 property included in the Project Area displays a number of symptoms of blight. The Plan and 9 Project shall also facilitate the completion of a land assembly program previously initiated by the 10 Agency and foster the reuse of a developed urban area that has stagnated in recent years under the 11 burdens of economic obsolescence, small lot size, diverse ownership, absentee owners, tenant 12- occupancy, high crime and code compliance cases, property tax liens and inadequate public 13 improvements. 14 (c) The Property described in this Resolution is necessary for the Plan and the Project, 15 as its acquisition and reuse for the Plan and the Project is part of a neighborhood plan to eliminate 16 blight and provide for the redevelopment and improvement of the other lands owned by the 17 Agency within the Project Area. 18 (d) The Offer required by Government Code Section 7267.2 has been mailed to the 19 owners of record of the Property by the Agency, and the Agency has not been successful in 20 acquiring the Property based upon the conditions contained within the Offer. The Commission 21 deems it appropriate and necessary to approve the Agency acquisition of the Property for assembly 22 for the Plan and the Project. 23 Section 11. (a) The law firm of Lewis Brisbois Bisgaard & Smith, LLP, as legal 24 counsel to the Agency ("Agency Counsel"), is authorized and directed to prepare, institute and 25 prosecute in the name of the Agency such proceedings in the court having jurisdiction, as may be 26 necessary for the acquisition of the Property. 27 (b) The sum payable by the Agency as probable compensation for the acquisition of the 28 Property by eminent domain, as determined by the appraisal, may, in the discretion of Agency 7 P\Agen.d.uIResolutionslRcsolulioos\JOO6\IO-I6-06 Garcia-Sa School ProperlY. ceN 673 We:;;! 5th Street CDC Reso doc 1 Counsel, accompany the filing of the complaint and may be deposited as follows: (i) with the State 2 of California in the manner provided by law, or upon the recommendation of Agency Counsel to 3 the County Treasury or (ii) at the election of the person(s) who may claim an interest in the 4 Property to be acquired by such condemnation proceedings, in such other manner as such 5 interested person(s) may request in writing, subject to the approval of the Executive Director of the 6 Agency and Agency Counsel. 7 (c) Agency Counsel IS also authorized, subject to the approval of the Executive 8 Director of the Agency, to engage in settlement negotiations and, if possible, arrange for purchase 9 of the Property in lieu of condemnation at the appraisal price prior to or subsequent to filing a 10 condemnation complaint to commence acquisition of the Property by eminent domain. 11 Section 12. The Secretary of the Commission is authorized and directed to certify the 12 adoption of this Resolution. This Resolution shall take effect upon adoption. 13 /1/ 14 /1/ 15 /1/ 16 //1 17 /1/ 18 /1/ 19 //1 20 //1 21 /1/ 22 //1 23 /1/ 24 /1/ 25 /1/ 26 /1/ 27 //1 28 //1 8 P \Allcndas\Reiiiollllions\Resoll.uionsl2006\IO-l6-06 Garcia-S8 Scbool Property - CCN 673 West 5lb Street COC Rcsodo\; 9 Development Commission of the City of San Bernardino at its , 2006 by the following vote, to wit: 10 held on 11 Commission Members: 12 ESTRADA 13 BAXTER 14 VACANT 15 DERRY 16 KELLEY 17 JOHNSON 18 MC CAMMACK I 2 3 4 5 6 7 8 19 20 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 673 WEST 5TH STREET, SAN BERNARDINO, CALIFORNIA (SAN BBERNARDINO SCHOOL PROPERTY/GARCIA - APN: 0134-101-02 AND 03) IN THE CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA PASSED, APPROVED AND ADOPTED this _ day of 2006. I CERTIFY that the foregoing Resolution was duly adopted by the Community meeting Aves Navs Abstain Absent Secretary day of ,2006. 21 The foregoing resolution is hereby approved this 22 23 24 Patrick J. Morris, Chairperson Community Development Commission of the City of San Bernardino 25 Approved as to Form: 26 27 By: 28 ~J$7!~JJ Agency Co sel 9 P\Aitendas\RCiOlu.lKHls\Resolulions\1001.>\1O-]6-0b Garcia-5B School Prapeny - CCN 673 West ~Ih Slreel CDC RcsoOoc Exhibit IlA" APN: 0134-101-02 A PORTION OF LOTS 5 AND 6, BLOCK 27, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 7 OF MAPS, PAGE 1, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS, COMMENCING AT A POINT ON THE NORTH LINE OF LOT 6, 20 FEET EAST OF THE NORTHWEST .CORNER THEREOF; THENCE THENCE WEST 50 FEET; THENCE SOUTH 148 FEET, 8 INCHES; THENCE EAST 50 FEET; THENCE NORTH TO THE POINT OF BEGINNING. APN: 0134-101-03 PORTION OF LOT 6, BLOCK 27, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, 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, 20 FEET EAST OF THE NORTHWEST CORNER THEREOF; THENCE EAST 40 FEET; THENCE SOUTH 148 FEET, 8 INCHES TO A POINT 150 FEET NORTH OF THE SOUTH LINE OF SAID LOT; THENCE WEST 40 FEET; THENCE NORTH 148 FEET, 8 INCHES TO THE POINT OF BEGINNING.