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HomeMy WebLinkAboutR45-Economic Development Agency ECONOMIC DEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO FROM: Maggie Pacheco Deputy Director SUBJECT: HEARING - RESOLUTION OF PUBLIC INTEREST AND NECESSITY FOR ACQUISITION OF REAL PROPERTY: 1316- 1318 SPRUCE STREET (AP# 0138-114-11), SAN BERNARDINO, CALIFORNIA OIIGIN,I\ ~ DATE: September 24, 2004 Svnonsis of Previous Commission/Council/Committee Action(s): On August 21, 2003, 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 northwest corner of 5th and Mt. Vernon (see Exhibit "C" -- Study Area) in accordance with the adopted Agency Owner Participation Rules for the Mt. Vernon Corridor Redevelopment Project Area. No proposals were received. On November 17, 2003, the Community Development Commission approved the Redevelopment Project Study Agreement for Property Acquisition and Redevelopment Assistance with Tri Palm Development, Inc. to study the feasibility of developing an ARCO service station, AMlPM Convenience Store, and Car Wash. Subsequent to this date, the Community Development Commission has authorized Staff to proceed with the acquisition of nine parcels located with the Study Area, ___i,,-c_llI.~il1g_iJ_u!_~_,,-t_!il!!i_te_d__t,,-_~~_!,_a!~_~}>__\V_11\C_~__\~__tl1.~__~'!iJle_ct__oL!iJi~_~ll!!f_~~.P.,,-~____________________________________________________________________ (Communitv Develonment Commission) MOTION: A 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 KNOWN AS 1316-1318 SPRUCE STREET, SAN BERNARDINO, CALIFORNIA (AP# 0138-114-1 I) IN THE MT. VERNON CORRIDOR REDEVELOPMENT PROJECT AREA Contact Person(s): Maggie Pacheco Mt. Vernon Corridor Redevelopment Project Area Phone: (909) 663- I 044 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: $ 17,000 Source: Bond Proceeds Budget Authority: 2003/2004 EDA Budget SIGNATURE: hrv ?~ ~?~ Maggie Pacheco, Deputy Director Commission/Conncil Notes: \~c.oc.J Zc-0~- 6~ P:\AgendasICommDevCommission\CDC 2004\04-10-041316-]318 Spruce 51. SR.OOc COMMISSION MEETING AGENDA Meeting Date: 10/0412004 Agenda Item Nnmber: t. Lf 5 ECONOMIC DEVELOPMENT AGENCY STAFF REPORT ---_._-------------------------------------~._-----------------------------------------------------------------------------.---------------. Hearinl! - Resolution of Public Interest and Necessity for Acauisition of Real ProDertv: 1316-1318 SDruce Street (AP# 0138-114-11) San Bernardino. California BACKGROUND/CURRENT ISSUE: On January 16, 2004, February 9. 2004 and again on March 3, 2004, the Agency sent purchase offers to the Property Owner of the real property located at 1316-1318 Spruce Street, San Bernardino (the "Parcel"), within the Mt. Vernon Corridor Redevelopment Project Area. On the date of this writing, the Property Owner has not responded to the Agency's offers or communicated with the Agency. Consequently, in conformance with the Code of Civil Procedure Section 1245.235, on September 15, 2004, a notice of the October 4, 2004 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. 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 Dublic interest and necessity reauires the acauisition of the Parcels: The Agency is currently considering a specific development proposal at this time for a number of parcels within the vicinity of the Parcel. The Parcel is subject to sale for delinquent property taxes and is available for purchase. During the past year, the Agency has acquired several parcels of land within the vicinity of the Parcel. The Agency now believes it is appropriate to continue this program of land assembly and to acquire this additional Parcel to provide sufficient contiguous land for potential future commercial development ("Project"). The acquisition of the Parcel will further enhance the ability of the Agency to complete the assembly of lands for appropriately sized sites for future development of a commercial and retail project within the Mt. Vernon Corridor Redevelopment Project Area ("Project Area"). 2. The DroDosed Proiect is Dlanned or located in a manner that will be most comDatible with the l!reatest Dublic l!ood and the least Drivate iniury: The Property Owner has not paid property taxes for several years and the Parcel is subject to sale for delinquent property taxes. The Agency has increased its efforts to address conditions of blight in this sector of 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 Parcel 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. Small lot configurations within the Project Area, including the subject Parcel, prevent or substantially hinder the economically viable use of such real property in their present condition. Redevelopment of the Parcel will eliminate blight and provide needed commercial and retail redevelopment of the Project Area and assist with elimination of blight in other areas in proximity to the Project. P:\Agendas\Comm Dev Commission\CDC 2004\04-10..Q4 1316-13]8 Spruce St. SR.doc COMMISSION MEETING AGENDA Meeting Date: 10/0412004 Agenda Item Number: 1(/1'-1- Economic Development Agency Staff Report Mt. Vernon Property Acquisition Page 2 3. The subiect Parcel is necessary for the proposed Proiect: The Agency previously acquired several parcels ofreal property in the vicinity of the Parcel and desires to acquire this additional Parcel to provide sufficient contiguous land for future commercial, and retail uses in the Project Area. 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 and property tax liens. The Project will also confer substantial environmental benefits upon the Project Area and the community generally, in accordance with the General Plan of the City of San Bernardino. 4. The Government Code 6 7267.2(a) offers have been made to the record property owners: On January 16, 2004, February 9, 2004 and on March 3, 2004, the Agency submitted formal acquisition offers to the property owner for the subject Parcel. The offers comply with Government Code S 7267.2. No affirmative responses were received in response to the statutory offers. ENVIRONMENTAL IMPACT: The proposed action is exempt from CEQA, pursuant to S 15332, Class 32 which consists of projects such as the acquisition of small, isolated parcels of vacant land, characterized as in-fill development meeting the conditions described as follows: (a) the Project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations; (b) the proposed Project, which in this case consists of the acquisition of a small, isolated parcel of vacant land, of approximately 3,150 square feet, is within the city limits, is less than five acres substantially surrounded by urban uses; (c) the Project site has no value as habitat for endangered, rare or threatened species; (d) approval of the Project would not result in any significant effects relating to traffic, noise, air quality, or water quality; and (e) the Project is adequately served by all required utilities and public services. FISCAL IMPACT: Based on the appraisal, the cost to acquire the subject Parcel is $13,000 plus court costs and legal expenses normally associated with condemnation proceedings for an approximate total of $17,000. RECOMMENDATION: That the Community Development Commission adopt the attached Resolution. /V7?~ Maggie Pacheco, Deputy Director P:\Agendas\Comm DevCommission\CDC 2004\04-10-04 1316-1318 Spruce St. SR.doc COMMISSION MEETING AGENDA Meeting Date: 10/04/2004 Agenda Item Number: ~ I I I .", \". .. , ' , .. .", ~ ". '-" " ~ " . , ______________:.1 Legend: 5th Street _ . . _ Mt. Vernon Corridor Project Area ,.--------. I I Study Area I.._______.J Proposed Project Site Phase 1 Proposed Project Site Phase 2 APN: 138-114-18 Agency Owned - - II STUDY AREA" Exhibit lie" November 3. 2003 . C1 2 05 i , i I i I I , I , ; I , , I ! , I I I ; I I ; I I I I j I :: I C" , ; RESOLUTION ~(Q)P11 3 A 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 KNOWN AS 1316-1318 SPRUCE STREET, SAN BERNARDINO, CALIFORNIA (AP# 0138-114-11) IN THE MT. VERNON CORRIDOR REDEVELOPMENT PROJECT AREA 4 5 6 7 8 WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency"), a public entity created pursuant to the Community Redevelopment Law (Health and Safety Code Section 33000, et seq.), is authorized to acquire and redevelop blighted properties located in the City of San Bernardino (the "City"), in accordance with the Community Redevelopment Law; and 9 10 11 12 13 14 WHEREAS, the Community Development Commission of the City of San Bernardino (the "Commission"), as the governing board of the Agency, has authorized the Agency to assemble, and acquire real property for community redevelopment purposes in the MI. Vernon Corridor (the "MI. Vernon Corridor Redevelopment Project Area"); and WHEREAS, the MI. Vernon Corridor Redevelopment Project Area displays substantial and pervasive symptoms of blight that cannot be remedied by private parties acting alone 16 17 18 19 20 without community redevelopment assistance; and 21 WHEREAS, the Agency has acquired other real property in the Mt. Vernon Corridor Redevelopment Project Area; and WHEREAS, on October 7, 2003, the Agency mailed a notice to the owners of record of 22 23 24 the real property located within the Mt. Vernon Corridor Redevelopment Project Area as described below, (the "Property") and informed such persons that the Agency intended to appraise the Property for possible acquisition; and 25 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 unimproved property 1 P'Agendas\Resolutions"Resolullons\2004\04-IO-04 1316.1]18 Spl'lIce 51. CDC Reso_doc 01 2 14 05 08 3 located at 1316-1318 Spruce Street, San Bernardino, CA 92411 (APN 0138-114-11) (the "Property"); and WHEREAS, based upon such real property appraisal report, the Commission authorized the Agency to send a purchase offer to the owners of record, to attempt to purchase the Property at the appraised value in lieu of condemnation, and on January 16, 2004, on February 9, 2004, and again on March 3, 2004, the Agency mailed purchase offers to the owners of record of the Property based on the appraised value of the Property described in this Resolution; and WHEREAS, the Agency transmitted offers to purchase the Property situated within the Mt. Vernon Corridor Redevelopment Project Area, based on the appraised value, to the owners of record of the Property; and WHEREAS, the purchase offers mailed to the owners of record of the Property on 4 5 6 7 8 9 10 11 12 January 16,2004, on February 9, 2004, at the address on file with the office of the County Tax 13 Assessor, were returned by the Post Office undelivered, after diligent inquiry and reasonable research another possible address for the owner of the Property was located and the March 3, 2004 purchase offer was mailed to the owners of the Property at that additional address but the offer was returned by the Post Office undelivered and, after diligent inquiry and reasonable research, no other current address for the owner of the Property could be located; and WHEREAS, the owners of record of the Property have not accepted the purchase offers submitted by the Agency; and WHEREAS, the Agency has not been able to satisfactorily complete a negotiated purchase with the owners of record of the Property to assemble and acquire the Property for 16 17 18 19 20 21 22 23 community redevelopment purposes; and 24 WHEREAS, the Commission may serve as the "lead agency" as defined in CEQA for the purpose of conducting an environmental review in connection with the acquisition of the 25 26 Property; and 27 2 P:\AgendasIResolutions\Resolmions\2004\04-IO-04 1] 16-1318 Spruce SI. CDC Reso.doc C" 2 14 Os 08 3 WHEREAS, for the proposed CEQA analysis at this time for the proposed Project consists of land assembly of isolated parcels of vacant real property in support of the redevelopment of the Mt. Vernon Corridor Redevelopment Project Area; and WHEREAS, the unimproved Property is subject to real property tax liens for delinquent tax payments, that could result in sale of the Property by the County Tax Collector to a third 4 5 6 party to satisfy delinquent property taxes; and 7 WHEREAS, on September 15, 2004, notice of intent to adopt this Resolution was mailed to the owners of record of the Property, Salvador Perez Llamas and Francisca Torres Guerrero, at the address of record on file at the office of the County Tax Collector and at the last known address for the owners of the Property, and notice was also published in the Sun newspaper on September 20,2004; and WHEREAS, on October 4, 2004, after not less than fifteen (15) days written notice to the owners 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 8 9 10 11 12 13 1E 17 other prerequisites for the exercise of eminent domain to acquire the Property for community redevelopment purposes; and 18 19 WHEREAS, the Commission has determined as a result of such hearing on October 4, 2004, that the public health, safety and welfare require the Agency to acquire the subject Property for community redevelopment purposes. 20 21 22 NOW THEREFORE, BE IT RESOLVED THAT THE COMMISSION FINDS, DETERMINES AND DECLARES AS FOLLOWS: 23 24 Section 1. The information set forth in the above recitals of this Resolution is true 25 and correct. 26 Section 2. The real property to be acquired under the authority of this Resolution 27 (the "Property") is located in the Mt. Vernon Corridor Redevelopment Project Area in the City of San Bernardino, California, and is also known as 1316-1318 Spruce Street, San Bernardino, 3 P:\Agendas\Resollltions\Resolutions\2004\04-10.04 1316-1318 Spruce SI. CDC Reso.doc I i C~I " :4 C 08 3 California 92411 (San Bernardino County Assessor Parcel Number 0138-114-11). The Property is more particularly described in the legal descriptions attached as Exhibit "A." The interest in the Property to be acquired consists of all of the fee simple absolute title interest in the Property, and all of the right, title and interest of each person and owner of the Property including the acquisition of each and every possessory interest and all easements and 4 5 6 appurtenances to the Property. 7 Section 3. On September 15, 2004, the Agency transmitted a notice of hearing to 8 each known owner of record (Salvador Perez Llamas and Francisca Torres Guerrero) at 1316 Spruce Street, San Bernardino, CA 92411 and at 1316-1318 W. Spruce Street, San Bernardino, CA 9241 L and on September 20, 2004, notice was published in the Sun newspaper, and copies 9 1'J 11 of such notices of hearing are on file with the Agency. 12 The Commission acknowledges receipt of the written reports and Section 4. 13 information relating to the Mt. Vernon Corridor Redevelopment Project Area, including the preliminary discussions of the Agency staff with third parties qualified to undertake the redevelopment of the Mt. Vernon Corridor Redevelopment Project Area, or portions of it near the Property, and the appraisal of the Property, staff reports, and oral reports and information submitted to the Commission during the course of the hearing conducted on October 4,2004. 16 17 18 19 Section 5, The Commission on behalf of the Agency finds and determines that the ? .~, _C hearing conducted by the Commission on this matter on October 4, 2004, was full and fair, and that each interested person has been afforded a full and fair opportunity to present evidence and 21 22 testimony relating to assembly of land for the proposed Project, and the matters described in 23 Code of Civil Procedure Section 1240.030, and the acquisition of the Property, and all interests 24 in it, by the Commission for community redevelopment purposes by the exercise of Eminent 25 Domain and other relevant matters. 26 Section 6. The Commission declares its intent to acquIre the Property for 27 community redevelopment purposes in the name of the Agency in accordance with the laws of the State of California including the Community Redevelopment Law and Health and Safety 4 P:\Agendas',ResolutiollsIResoluliOll$'2IJ04\04.10-04 1316-1318 Splllce 51. CDC RCSQ,doc C' 2 14 05 08 Code Sections 33391 and 33492.40. The Commission further finds and determines that all of 3 the prerequisites to the exercise of eminent domain by the Agency with respect to such acquisition of the Property for the Project have been met. 4 Section 7. The Commission has found and determined that the acquisition of the 5 Property for the Project is an activity which is covered under a categorical exemption of the 6 CEQA Guidelines (Title 14 California Code of Regulations Section 15332) and accordingly, a 7 finding of categorical exemption for the Project and the acquisition of the Property has been filed with the Clerk of the County. 8 9 In accordance with the provisions of Code of Civil Procedure Section Section 8. 1C 1245.230 the Commission finds, determines and declares as follows: 11 12 (a) The public interest, convenience and necessity require the acquisition of the Property for the Project, as necessary to alleviate conditions of blight in the Mt. Vernon Corridor Redevelopment Project Area and to provide for the orderly redevelopment of the Property and other real property included in the Mt. Vernon Corridor Redevelopment Project Area. The assembly and redevelopment of the Property is necessary as the Mt. Vernon Corridor Redevelopment Project Area displays a number of conditions of blight, including the presence of old structures that show signs of dilapidation and deterioration and small or substandard lot sizes within the Mt. Vernon Corridor Redevelopment Project Area, including the subject Property, and a diverse pattern of land ownership which prevent or substantially hinder the 13 16 17 18 19 20 21 economically viable LIse of such real property in its present condition. Acquisition and 22 assembly of the Property for community redevelopment purposes, together with other lands already owned by the Agency in the Mt. Vernon Corridor Redevelopment Project Area, will foster the elimination of blight and assist with the redevelopment of the Mt. Vernon Corridor Redevelopment Project Area, and assist with elimination of blight in other lands in proximity to the Mt. Vernon Corridor Redevelopment Project Area. 23 24 25 26 27 5 P'lAgcndas\Resolulions\ResoJutions\2004",04-] 0-04 I] 16-] 318 Spruce St. CDC Reso,doc c" 2 14 Cs 3 (b) 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 Mt. Vernon Corridor Redevelopment Project Area displays a number of symptoms of blight. The 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 4 5 6 stagnated in recent years under the burdens of small lot size, diverse ownership, property tax 7 liens, and inadequate public improvements. 8 9 (c) The Property described in this Resolution is necessary for Project as its acquisition and reuse tor the 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 Mt. Vernon Corridor Redevelopment Project Area. 10 11 12 13 (d) The purchase offer required by Government Code Section 7267.2 has been mailed to the owners of record of the Property by the Agency, and the Agency has not been successful in negotiating a purchase of the Property with such owners based upon such offers of the Agency on terms that are acceptable to the owners of the Property. The Agency has asked the Commission to approve its acquisition of the Property for assembly for future redevelopment. 16 17 18 19 Section 9. The law firm of Lewis Brisbois Bisgaard & Smith LLP as special (a) 20 legal counsel to the Agency, 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. 21 22 23 (b) The sum payable by the Agency as probable compensation for the acquisition of 24 the Property by eminent domain, as determined by the appraisal, shall accompany the filing of 25 the complaint and shall be deposited as follows: (i) with the State of Calitornia in the manner 26 provided by law, or upon the recommendation of Agency special legal counsel to the County 27 Treasury; or (ii) at the election of the person(s) who may claim an interest in the Property to be Cs acquired by such condemnation proceedings, in such other manner as such interested person(s) 6 P:\Agendas\ResoJufions'Resollltiotls\2004\04-10.04 1316-1 J] 8 Spruce 51. CDC R.:so.doc 01 2 l4 05 08 3 may request in writing, subject to the approval of the Executive Director and special legal cOlillsel to the Agency. 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. III III III III III . III III III III III III III III III III III III III III III III III III III III III 4 5 6 7 8 9 10 11 12 13 16 17 18 19 20 21 22 23 24 25 26 27 7 P'IA"endas\ResollltionslResolutions\2004\04-1 0-04 1316-1318 Spruce St. CDC Reso.doc Cl 2 14 05 08 3 A 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 KNOWN AS 1316-1318 SPRUCE STREET, SAN BERNARDINO, CALIFORNIA (AP# 0138-114-11) IN THE MT. VERNON CORRIDOR REDEVELOPMENT PROJECT AREA 4 5 6 PASSED, APPROVED AND ADOPTED this _ day of ,2004. 7 8 I CERTIFY that the foregoing Resolution was duly adopted by the Community Development Commission of the City of San Bernardino at its regular meeting held on , 2004 by the following vote, to wit: 9 10 11 Commission Members: Abstain Absent Navs Aves 12 ESTRADA LONGVILLE MCGINNIS DERRY KELLEY JOHNSON MC CAMMACK 13 16 17 18 19 20 Secretary 21 22 The foregoing resolution is hereby approved this day of ,2004. 23 24 25 Judith Valles, Chairperson Community Development Commission of the City of San Bernardino 26 Approved a 27 By: 8 P\A"f'1IIb~\Re~olutions\Resollllions\2004\04-10-04 \] 16-1318 Sorllce SL (DC Reso_doc C1 2 14 Cs Os STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO CITY OF SAN BERNARDINO ) ) ss ) 3 4 I, Secretary of the Community Development Commission o of the City of San Bernardino, CERTIFY that the foregoing and attached copy of Community Development Commission of the City of San Bernardino Resolution No. is a full, true and correct copy of that now on file in this office. 6 , 8 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the Community Development Commission of the City of San Bernardino this _ day of 9 10 ,2004. 11 12 13 (Seal) Attest: ,6 17 Secretary of the Community Development Commission of the City of San Bernardino 18 19 20 21 22 23 24 2S 26 27 9 P",AI!t'nrl:l~\Re~()111liflns',Resoill[iOlls\2004\04.IO-04 ] ]]6-1318 Sornr:e St, cnc Reso,dllC c o o Order ~o. S-16~757-9 EXHIBIT "A" I TilE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF CALIFORNIA. COUNTY OF SAN BERNARDINO !\ND IS DESCRJOED AS FOLLOWS: rilE WEST 50 FEET OF LOT I IN BLOCK 2 OF TOMPKINS SUBDIVISION. IN THE JUDICIAL TOWNSHIP OF SAN BERNARDINO. CITY OF SAN BERNARDINO. COUNTY OF SAN BERNARDINO. STATE OF CALIFORNIA AS PER PLAT RECORDED IN BOOK 5 OF MAPS. PAGE 98. RECORDS OF SAID COUNTY.