Loading...
HomeMy WebLinkAboutCDC/2004-36 1 RESOLUTION NO. CDC/2004-36 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 552 N. MT. VERNON A VENUE, SAN BERNARDINO, CALIFORNIA (AP# 0138-114-10) 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 9 10 11 in the City of San Bernardino (the "City"), in accordance with the Community Redevelopment Law; and 12 13 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 14 15 assemble, and acquire real property for community redevelopment purposes in the Mt. Vernon 16 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 17 18 19 without community redevelopment assistance; and 20 21 WHEREAS, the Agency has acquired other real property in the Mt. Vernon Corridor Redevelopment Project Area; and 22 23 WHEREAS, on October 7, 2003, the Agency mailed a notice to the owners ofrecord of 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 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 24 25 26 27 28 1 P:\Agendas\Resolutions\Resolutions\2004\04-1O-04 552 N, Mt. Vernon Ave. CDC Resodoc CDC/2004-36 1 2 3 4 5 6 located at 552 N. Mt. Vernon Avenue, San Bernardino, CA 92411 (AP# 10138-114-10) (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 January 16,2004, on February 9, 2004, and March 3, 2004 at the address on file with the office of the County Tax Assessor, were not all returned by the Post Office undelivered, the purchase offer sent by certified mail on March 3, 2004 was accepted by Virginia L. Wang on March 8, 2004, and, after diligent inquiry and reasonable research, no other current address for the owners 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 community redevelopment purposes; and 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 Property; and 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 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 P:\Agendas\Resolutions\ResolutiollS\2004\04-1O-04 552 N, Mt. Vernon Ave. CDC ResQ,doc CDC/2004-36 1 2 3 4 5 6 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 party to satisfy delinquent property taxes; and WHEREAS, on September 15, 2004, notice of intent to adopt this Resolution was mailed to the owners of record of the Property, Hak Yool Kim and Chang M. Yang, 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 other prerequisites for the exercise of eminent domain to acquire the Property for community 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 Property for community redevelopment purposes. NOW THEREFORE, BE IT RESOLVED THAT THE COMMISSION FINDS, DETERMINES AND DECLARES AS FOLLOWS: 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Section 1. and correct. Section 2. The real property to be acquired under the authority of this Resolution (the "Property") is located in the Mt. Vernon Corridor Redevelopment Project Area in the City of San Bernardino, California, and is also known as 552 N. Mt. Vernon Avenue, San Bernardino, California 92411 (San Bernardino County Assessor Parcel Number 0138-114-10). 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 The information set forth in the above recitals of this Resolution is true 3 P:\Agendas\Resolulions\Resolulions\2004\04-1O-04 552 N. Mt. Vernon Ave CDC Reso_doc CDC/2004-36 1 2 3 4 5 6 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. Section 3. On September 15, 2004, the Agency transmitted a notice of hearing to each known owner of record (Hak Yool Kim and Chang Mo Yang) at 754 SW Coast Hwy., Newport, OR 97365, and on September 20, 2004, notice was published in the Sun newspaper and copies of such notices of hearing are on file with the Agency. Section 4. The Commission acknowledges receipt of the written reports and 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. Section 5. The Commission on behalf of the Agency finds and determines that the 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 testimony relating to assembly of land for the proposed Project, and the matters described in Code of Civil Procedure Section 1240.030, and the acquisition of the Property, and all interests in it, by the Commission for community redevelopment purposes by the exercise of Eminent Domain and other relevant matters. Section 6. The Commission declares its intent to acqmre the Property for 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 Code Sections 33391 and 33492.40. The Commission further finds and determines that all of 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. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 P:\Agendas\Resolutions\Resolutions\2004\04-1O-04 552 N Mt. Vernon Ave. CDC RCSQ,doc CDC/2004-36 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Section 7. The Commission has found and determined that the acquisition of the Property for the Project is an activity which is covered under a categorical exemption of the 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. Section 8. In accordance with the provisions of Code of Civil Procedure Section 1245.230 the Commission finds, determines and declares as follows: (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 economically viable use of such real property in its present condition. Acquisition and 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. (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 17 18 19 20 21 22 23 24 25 26 27 28 5 P:\Agendas\ResoJutions\Resolutions\2004\04-IO-04 552 N. Mt. Vernon Ave. CDC ResQ,doc CDC/2004-36 1 2 3 4 5 6 stagnated in recent years under the burdens of small lot size, diverse ownership, property tax liens, and inadequate public improvements. (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. (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. Section 9. (a) The law firm of Lewis Brisbois Bisgaard & Smith LLP as special 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. (b) The sum payable by the Agency as probable compensation for the acquisition of the Property by eminent domain, as determined by the appraisal, shall accompany the filing of the complaint and shall be deposited as follows: (i) with the State of California in the manner provided by law, or upon the recommendation of Agency special legal counsel to the County Treasury; or (ii) at the election of the person(s) who may claim an interest in the Property to be acquired by such condemnation proceedings, in such other manner as such interested person(s) 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. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6 P:\Agendas\Resolutiol1s\Resolutions\2004\04-1O-04 552 N. Mt. Vernon Ave. CDC Reso.doc CDCj2004-36 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 552 N. MT. VERNON AVENUE, SAN BERNARDINO, CALIFORNIA (AP# 0138-114-10) IN THE MT. VERNON CORRIDOR REDEVELOPMENT PROJECT AREA 2 3 4 5 6 PASSED, APPROVED AND ADOPTED this 4th 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 October 4 ,2004 by the following vote, to wit: 9 10 11 Commission Members: Ayes Nays ESTRADA X - LONGVILLE --1L- MCGINNIS -1L- DERRY X KELLEY X - JOHNSON X MC CAMMACK X Abstain Absent 12 13 14 15 16 17 18 ft/z/ Seery The foregoing resolution is hereby approved this 7th day of October ,2004. 19 20 21 22 23 24 a les, Chairperson unity Development Commission City of San Bernardino 25 26 27 By: 28 7 P:\Agendas\Resolutions\Resolutions\2004\04.IO-04 552 N. Mt. Vernon Ave. CDC Reso_doc CDC/2004-36 1 ) ) ss ) 2 STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO CITY OF SAN BERNARDINO 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 8 P:\Agelldas\Resolutions\Resolutions\1004\04-IO-04 552 N. Mt. Vernon Ave. CDC ResQ,doc CDC/2004-36 Order No. S-i62758-9 EXHIBIT "A" THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF CALIFORNIA. COUNTY OF SAN BERNARDINO AND IS DESCRIBED AS FOLLOWS: TIlE EAST 100 FEET OF LOT I. BLOCK 2. TOPKINS SUBDIVISION. IN THE CITY OF SAN BERNARD!NO. COUNTY OF SAN BERNARDINO. STATE OF CALIFORNIA. AS PER MAP RECORDED IN BOOK 5 PAGE 98 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.