HomeMy WebLinkAboutCDC/2005-07
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RESOLUTION NO. CDC/2005-7
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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 1307 SPRUCE STREET, SAN
BERNARDINO, CALIFORNIA (AP# 0138-115-02) 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
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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 Mt. Vernon
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
without community redevelopment assistance; and
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
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
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located at 1307 Spruce Street, San Bernardino, CA 92411 (APN: 0138-115-02) (the
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"Property"); and
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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 January 14, 2005, 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 were mailed to the owners of record of the Property on
January 16, 2004, on February 9, 2004 and again on January 14, 2005, at the address on file
with the office of the County Tax Assessor, and as only the January 14, 2005 purchase offer
was returned to the Agency by the United States Postal Service as unclaimed, 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
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purchase with the owners of record of the Property to assemble and acquire the Property for
community redevelopment purposes; and
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WHEREAS, the Commission may serve as the "lead agency" as defined in CEQA for
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the purpose of conducting an environmental review in connection with the acquisition of the
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Property; and
WHEREAS, on January 10, 2005, the Commission adopted Resolution No.CDC/2005-2
approving a Disposition and Development Agreement (the "Agreement") and the Lease
Agreement (the "Lease") by and between the Agency and El Paseo Petroleum, LLC (the
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"Developer"), and adopted the Mitigated Negative Declaration for the development of an
ARCO-brand retail gasoline station, AM/PM mini-mart, and a carwash (the "Project"); and
WHEREAS, the Agreement authorizes the Agency to continue to acquire or obtain
control of parcels necessary for the Project either through purchase negotiations or alternatively,
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by eminent domain proceeding, if necessary; and
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WHEREAS, the owners of record of the Property have not accepted the purchase offers
submitted by the Agency; and
WHEREAS, on February 1,2005, notice of intent to adopt this Resolution was mailed to
the owners of record of the Property, Manuel Arriola and Hilaria Arriola, 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 February 4,
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2005; and
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WHEREAS, on February 22,2005, after not less than fifteen (15) days written notice to
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the owners of the Property, the Commission conducted a hearing for the purpose of affording
the owners 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
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redevelopment purposes; and
WHEREAS, the Commission has determined as a result of such hearing on February 22,
2005, that the public health, safety and welfare require the Agency to acquire the subject
Property for community redevelopment purposes and to facilitate the Project.
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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
28 (the "Property") is located in the Mt. Vernon Corridor Redevelopment Project Area in the City
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of San Bernardino, California, and is also known as 1307 Spruce Street, San Bernardino,
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California 92411 (San Bernardino County Assessor Parcel Number 0138-115-02).
The
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Property is more particularly described in the legal description attached as Exhibit "A." The
interest in the Property to be acquired consists of all of the fee simple absolute title interest in
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the Property, and all of the right, title and interest of each person and owner of the Property
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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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On February 1,2005, the Agency transmitted a notice of hearing to each
Section 3.
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known owners of record (Manuel Arriola and Hilaria Arriola) at 1674 North "K" Street, San
Bernardino, CA 92411, and on February 4, 2005, notice was published in the Sun newspaper,
and copies of such notices of hearing are on file with the Agency.
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Section 4.
The Commission acknowledges receipt of the written reports and
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information relating to the Mt. Vernon Corridor Redevelopment Project Area (the "Project
Area"), including the report and agreement between the Agency and Developer concerning the
Project, 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 February 22,2005.
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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 February 22, 2005, was full and fair,
and that each interested person has been afforded a full and fair opportunity to present evidence
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and testimony relating to assembly of land for the Project, and the matters described in Code of
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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
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and other relevant matters.
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Section 6.
The Commission declares its intent to acquire the Property for the Project
26 and community redevelopment purposes in the name of tl1e Agency in accordance with the laws
27 of the State of California including the Community Redevelopment Law and Health and Safety
28 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 Mitigated Negative Declaration
adopted by the Mayor and Common Council and Community Development Commission on
January 10, 2005 and a Notice of Determination was filed with the Clerk of the County on
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January 14,2005.
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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
economically viable use of such real property in its present condition. Acquisition and
assembly of the Property for community redevelopment purposes and for the Project, 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
27 the greatest public good and the least private injury in light of the fact that the real property
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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
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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
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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 the Project.
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Section 9.
(a)
The law firm of Lewis Brisbois Bisgaard & Smith LLP as special
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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
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the acquisition of the Property.
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(b)
The sum payable by the Agency as probable compensation for the acquisition of
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the Property by eminent domain, as determined by the appraisal, shan accompany the filing of
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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.
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27 Section 10. The Secretary of the Commission is authorized and directed to certify the
28 adoption of this resolution. This Resolution shall take affect upon adoption.
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CDC/2005-7
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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 1307 SPRUCE STREET, SAN
BERNARDINO, CALIFORNIA (AP# 0138-115-02) IN THE MT. VERNON
CORRIDOR REDEVELOPMENT PROJECT AREA
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PASSED, APPROVED AND ADOPTED this 22nd day of February ,2005.
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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
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February 22
, 2005 by the following vote, to wit:
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Commission Members:
Abstain
Absent
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ESTRADA
LONGVILLE
MCGINNIS
DERRY
KELLEY
JOHNSON
MC CAMMACK
Ayes Nays
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X
-
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X
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~~ Ja. ~A~~
Secretary e,'ry t&.CJ(JC.
The foregoing resolution is hereby approved this J 'Iii. day of February
,2005.
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di es, Chairperson
Co munity Development Commission
of e City of San Bernardino
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Approved as to form and Legal Content:
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EXHIBIT" A"
Legal Description
THE WEST 50 FEET OF LOTS 4 AND 5, BLOCK 1, IN THE CITY OF SAN
BERNARDINO, STATE OF CALIFORNIA, THOMKINS SUBDIVISION OF LOT
1, BLOCK 23, AS PER PLAT RECORDED IN BOOK 5 OF MAPS, PAGE 98,
RECORDS OF SAID COUNTY.
APN: 0135-115-02