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,
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(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
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Maggie Pacheco, Deputy Director
Commission/Conncil Notes:
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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
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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:
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Legend:
5th Street
_ . . _ Mt. Vernon Corridor Project Area
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I I Study Area
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Proposed Project Site Phase 1
Proposed Project Site Phase 2
APN: 138-114-18 Agency Owned
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II STUDY
AREA"
Exhibit lie"
November 3. 2003 .
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RESOLUTION ~(Q)P11
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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
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WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency"),
a public entity created pursuant to the Community Redevelopment Law (Health and Safety
Code Section 33000, et seq.), is authorized to acquire and redevelop blighted properties located
in the City of San Bernardino (the "City"), in accordance with the Community Redevelopment
Law; and
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WHEREAS, the Community Development Commission of the City of San Bernardino
(the "Commission"), as the governing board of the Agency, has authorized the Agency to
assemble, and acquire real property for community redevelopment purposes in the 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
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without community redevelopment assistance; and
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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
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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
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WHEREAS, the Agency retained the services of an appraiser to appraise the Property
and the appraiser has reported an opinion of the fair market value of the unimproved property
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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
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January 16,2004, on February 9, 2004, at the address on file with the office of the County Tax
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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
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community redevelopment purposes; and
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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
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Property; and
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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
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party to satisfy delinquent property taxes; and
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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
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other prerequisites for the exercise of eminent domain to acquire the Property for community
redevelopment purposes; and
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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.
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NOW THEREFORE, BE IT RESOLVED THAT THE COMMISSION FINDS,
DETERMINES AND DECLARES AS FOLLOWS:
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Section 1.
The information set forth in the above recitals of this Resolution is true
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Section 2.
The real property to be acquired under the authority of this Resolution
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(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,
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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
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appurtenances to the Property.
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Section 3.
On September 15, 2004, the Agency transmitted a notice of hearing to
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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
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of such notices of hearing are on file with the Agency.
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The Commission acknowledges receipt of the written reports and
Section 4.
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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.
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Section 5,
The Commission on behalf of the Agency finds and determines that the
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hearing conducted by the Commission on this matter on October 4, 2004, was full and fair, and
that each interested person has been afforded a full and fair opportunity to present evidence and
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testimony relating to assembly of land for the proposed Project, and the matters described in
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Code of Civil Procedure Section 1240.030, and the acquisition of the Property, and all interests
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in it, by the Commission for community redevelopment purposes by the exercise of Eminent
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Domain and other relevant matters.
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Section 6.
The Commission declares its intent to acquIre the Property for
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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
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Code Sections 33391 and 33492.40. The Commission further finds and determines that all of
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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.
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Section 7.
The Commission has found and determined that the acquisition of the
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Property for the Project is an activity which is covered under a categorical exemption of the
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CEQA Guidelines (Title 14 California Code of Regulations Section 15332) and accordingly, a
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finding of categorical exemption for the Project and the acquisition of the Property has been
filed with the Clerk of the County.
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In accordance with the provisions of Code of Civil Procedure Section
Section 8.
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1245.230 the Commission finds, determines and declares as follows:
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(a) The public interest, convenience and necessity require the acquisition of the
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
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economically viable LIse of such real property in its present condition. Acquisition and
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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.
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(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
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stagnated in recent years under the burdens of small lot size, diverse ownership, property tax
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liens, and inadequate public improvements.
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(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.
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(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.
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Section 9.
The law firm of Lewis Brisbois Bisgaard & Smith LLP as special
(a)
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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.
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(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)
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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.
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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
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PASSED, APPROVED AND ADOPTED this _ day of
,2004.
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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:
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Commission Members:
Abstain
Absent
Navs
Aves
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ESTRADA
LONGVILLE
MCGINNIS
DERRY
KELLEY
JOHNSON
MC CAMMACK
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Secretary
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The foregoing resolution is hereby approved this
day of
,2004.
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Judith Valles, Chairperson
Community Development Commission
of the City of San Bernardino
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Approved a
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By:
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STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
CITY OF SAN BERNARDINO
)
) ss
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Secretary of the Community Development Commission
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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.
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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
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,2004.
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(Seal)
Attest:
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Secretary of the Community Development
Commission of the City of San Bernardino
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Order ~o. S-16~757-9
EXHIBIT "A"
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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.