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HomeMy WebLinkAboutCDC/2004-35 1 RESOLUTION NO. CDC/2004-35 2 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 9 10 11 12 Law; and 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 15 assemble, and acquire real property for community redevelopment purposes in the Mt. Vernon 16 17 Corridor (the "Mt. Vernon Corridor Redevelopment Project Area"); and WHEREAS, the Mt. Vernon Corridor Redevelopment Project Area displays substantial and pervasive symptoms of blight that cannot be remedied by private parties acting alone 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 25 26 appraise the Property for possible acquisition; and 27 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 28 1 P:\Agendas\Resolutions\Resolutions\2004\04-1 0-04 1316-1318 Spruce St. CDC Reso.doc CDC/2004-35 1 located at 1316-1318 Spruce Street, San Bernardino, CA 92411 (APN 013 8-114-11) (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 2 3 4 5 6 7 8 9 10 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 January 16, 2004, on February 9, 2004, at the address on file with the office of the County Tax 11 12 13 14 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 15 16 17 18 19 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 20 21 22 purchase with the owners of record of the Property to assemble and acquire the Property for 23 community redevelopment purposes; and 24 WHEREAS, the Commission may serve as the "lead agency" as defined in CEQA for 25 the purpose of conducting an environmental review in connection with the acquisition of the 26 Property; and 27 28 2 P:\Agendas\Resolutions\Resolutions\2004\04-1 0-04 1316-1318 Spruce 51. CDC Rcso.doc CDC/2004-35 1 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 2 3 4 5 tax payments, that could result in sale of the Property by the County Tax Collector to a third party to satisfy delinquent property taxes; and 6 7 WHEREAS, on September 15, 2004, notice of intent to adopt this Resolution was 8 mailed to the owners of record of the Property, Salvador Perez Llamas and Francisca Torres 9 Guerrero, at the address of record on file at the office of the County Tax Collector and at the last 10 known address for the owners of the Property, and notice was also published in the Sun 11 12 newspaper on September 20, 2004; and WHEREAS, on October 4, 2004, after not less than fifteen (15) days written notice to 13 14 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 15 16 17 other prerequisites for the exercise of eminent domain to acquire the Property for community 18 redevelopment purposes; and 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 19 20 21 Property for community redevelopment purposes. 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 28 of San Bernardino, California, and is also known as 1316-1318 Spruce Street, San Bernardino, 3 P:\Agendas\Resolutions\Resolutions\2004\04-1 0-04 1316-1318 Spruce St. CDC Reso.doc CDC/2004-35 1 California 92411 (San Bernardino County Assessor Parcel Number 0138-114-11). The 2 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 appurtenances to the Property. 3 4 5 6 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 9 10 Spruce Street, San Bernardino, CA 92411 and at 1316-1318 W. Spruce Street, San Bernardino, CA 92411, and on September 20, 2004, notice was published in the Sun newspaper, and copies 11 of such notices of hearing are on file with the Agency. 12 Section 4. The Commission acknowledges receipt of the written reports and 13 14 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 15 16 17 the Property, and the appraisal of the Property, staff reports, and oral reports and information 18 submitted to the Commission during the course ofthe hearing conducted on October 4, 2004. 19 Section 5. The Commission on behalf of the Agency finds and determines that the 20 hearing conducted by the Commission on this matter on October 4, 2004, was full and fair, and 21 that each interested person has been afforded a full and fair opportunity to present evidence and 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 Domain and other relevant matters. 25 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 28 the State of California including the Community Redevelopment Law and Health and Safety 4 P:\Agendas\Resolutions\Resolutions\2004\04-1 0-04 1316-1318 Spruce St. CDC Reso.doc CDC/2004-35 1 Code Sections 33391 and 33492.40. The Commission further finds and determines that all of 2 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. 3 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 finding of categorical exemption for the Project and the acquisition of the Property has been filed with the Clerk of the County. 7 8 9 Section 8. In accordance with the provisions of Code of Civil Procedure Section 10 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 14 15 16 17 18 19 20 21 economically viable use of such real property in its present condition. Acquisition and 22 assembly of the Property for community redevelopment purposes, together with other lands 23 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 24 25 Redevelopment Project Area, and assist with elimination of blight in other lands in proximity to the Mt. Vernon Corridor Redevelopment Project Area. 26 27 28 5 P:\Agendas\Resolutions\Resolutions\2004\04-1 0-04 1316-1318 Spruce St. CDC Reso.doc CDC/2004-35 1 The Project is planned or located in the manner that will be most compatible with (b) 2 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 stagnated in recent years under the burdens of small lot size, diverse ownership, property tax 3 4 5 6 7 liens, and inadequate public improvements. 8 (c) The Property described in this Resolution is necessary for Project as its acquisition and reuse for 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. 9 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 14 15 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 21 name of the Agency such proceedings in the court having jurisdiction, as may be necessary for 22 the acquisition of the Property. 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 California 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 28 acquired by such condemnation proceedings, in such other manner as such interested person(s) 6 P:\Agendas\Resolutions\Resolutions\2004\04-1 0-04 1316-1318 Spruce St. CDC Reso.doc CDC/2004-35 1 may request in writing, subject to the approval of the Executive Director and special legal counsel 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 /II /II III /II III III III III III III III III /II III III III III 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7 P:\Agendas\Resolutions\Resolutions\2004\04-1 0.04 1316-1318 Spruce St. CDC Reso.doc CDC/2004-35 1 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 2 3 4 5 6 PASSED, APPROVED AND ADOPTED this ~ day of October, 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 9 10 Oct. 4 , 2004 by the following vote, to wit: 11 Commission Members: Ayes Nays ESTRADA X LONGVILLE ~ MCGINNIS X DERRY X - KELLEY X JOHNSON X MC CAMMACK X - Abstain Absent 12 13 14 15 16 17 18 19 20 21 22 The foregoing resolution is hereby approved this .7n--r October ,2004. 23 24 s, Chairperson 25 26 27 By: 28 8 P:\Agendas\Rcsolutiolls\Resollltions\2004\04-1 0-04 1316-1318 Spruce St. CDC Reso.doc CDC/2004-35 1 STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO CITY OF SAN BERNARDINO ) ) ss ) 2 3 4 I, Secretary of the Community Development Commission 5 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 7 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) 14 Attest: 15 16 17 Secretary of the Community Development Commission of the City of San Bernardino 18 19 20 21 22 23 24 25 26 27 28 9 P:\Agendas\Resolutions\Resolutions\2004\04-10-04 ] 316-1318 Spruce St. CDC Reso.doc CDCj2004-35 Order No. 5-16275"7-9 EXHIBIT "A" , THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN BERNARDINO AND IS DESCRIl3ED AS FOLLOWS: mE WEST 50 FEET OF LOT I IN BLOCK 2 OF TOMPKINS SUBDIVISION, IN TIlE 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 or SAID COUNTY.