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HomeMy WebLinkAboutCDC/2005-11 1 CDC/200S-11 RESOLUTION NO. 2 3 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 514 NORTH MT. VERNON AVENUE, SAN BERNARDINO, CALIFORNIA (AP# 0138-115-06) 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 16 assemble, and acquire real property for community redevelopment purposes in the Mt. Vernon 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 22 Redevelopment Project Area; and WHEREAS, on October 7, 2003, the Agency mailed a notice to the owner 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 23 24 25 26 27 28 1 P:\Agendas\Resolutions\Resolutions\2005\OS-04-04 514 N. Mt. Vernon Ave. CDC Reso.doc 1 located at 514 North Mt. Vernon Avenue, San Bernardino, CA 92411 (APN: 0138-115-06) (the "Property"); and WHEREAS, based upon such real property appraisal report, the Commission authorized 2 4 the Agency to send a purchase offer to the owner 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 February 11,2005, the Agency mailed purchase offers to the owner of record of ~.) 6 7 8 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 9 Mt. Vernon Corridor Redevelopment Project Area, based on the appraised value, to the owner ] 0 of record of the Property; and J 1 WHEREAS, the purchase offers were mailed to the owner of record of the Property on 12 January 16, 2004, on February 9,2004 and again on February 11,2005, at the address on file 13 14 with the office of the County Tax Assessor, and as none were 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 owner of the Property could be located; and WHEREAS, the owner of record of the Property have not accepted the purchase offers 15 16 17 }8 submitted by the Agency; and WHEREAS, the Agency has not been able to satisfactorily complete a negotiated 19 20 purchase with the owner of record of the Property to assemble and acquire the Property for 21 community redevelopment purposes; and 22 WHEREAS, the Commission may serve as the "lead agency" as defined in CEQA for 23 the purpose of conducting an environmental review in connection with the acquisition of the 24 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 EI Paseo Petroleum, LLC (the 25 26 27 28 2 P:'Agendas\Resolutions\Resolutions\200Y.,OS-04-04 514 N. Mt. Vemon Ave. CDC Rcso.doc 1 "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 2 3 4 control of parcels necessary for the Project either through purchase negotiations or alternatively, 5 by eminent domain proceeding, if necessary; and 6 WHEREAS, the owner of record of the Property have not accepted the purchase offers submitted by the Agency; and WHEREAS, on March 11, 2005, notice of intent to adopt this Resolution was mailed to the owner of record of the Property, Dan Virgilio, at the address of record on file at the office of the County Tax Collector and at the last known address for the owner of the Property, and notice was also published in the Sun newspaper on March 11,2005; and WHEREAS, on April 4, 2005, after not less than fifteen (15) days written notice to the owner 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 7 8 9 10 11 12 13 14 15 16 17 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 April 4, 2005, that the public health, safety and welfare require the Agency to acquire the subject 18 19 20 21 Property for community redevelopment purposes and to facilitate the Project. 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 514 North Mt. Vernon Avenue, San 3 P:\Agendas\Resolutions\Resolutions\2005\05-04-04 514 N. Mt. Vernon Ave. CDC ResQ,doc 1 Bernardino, California 92411 (San Bernardino County Assessor Parcel Number 0138-115-06). The 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 the Property, and all of the right, title and interest of each person and owner of the Property 2 3 4 5 including the acquisition of each and every possessory interest and all easements and 6 appurtenances to the Property. 7 Section 3. On March 11, 2005, the Agency transmitted a notice of hearing to each 8 9 known owner ofrecord (Dan Virgilio) at 514 North Mt. Vernon Avenue, San Bernardino, CA 92411, and on March 11, 2005, notice was published in the Sun newspaper, and copies of such notices of hearing are on file with the Agency. 10 11 Section 4. The Commission acknowledges receipt of the written reports and 12 13 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 April 4, 2005. 14 15 16 Section 5. The Commission on behalf of the Agency finds and determines that the 17 18 hearing conducted by the Commission on this matter on April 4, 2005, 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 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. 19 20 21 22 23 24 Section 6. The Commission declares its intent to acquire the Property for tl1e Project 25 and community redevelopment purposes in the name of the Agency in accordance with the laws 26 of the State of California including the Community Redevelopment Law and Health and Safety 27 Code Sections 33391 and 33492.40. The Commission further finds and determines that all of 28 4 P:\Agendas\Resolutions\Resolutions\2005\05-04-04 514 N. Mt. Vernon Ave. CDC Reso.doc 1 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. 2 3 Section 7. The Commission has found and determined that the acquisition of the 4 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 5 6 7 January 14,2005. 8 Section 8. In accordance with the provisions of Code of Civil Procedure Section 9 1245.230, the Commission finds, determines, and declares as follows: 10 11 (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. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 (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 28 included in the Mt. Vernon Corridor Redevelopment Project Area displays a number of 5 P:\Agendas\Resolutions\Resolutions\2005\05-04-04 514 N. Mt. Vernon Ave. CDC Reso.doc 1 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 2 3 4 liens, and inadequate public improvements. 5 (c) The Property described in this Resolution is necessary for Project, as its 6 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 owner of record of the Property by the Agency, and the Agency has not been successful in negotiating a purchase of the Property with such owner based upon such offers of the Agency on terms that are acceptable to the owner of the Property. The Agency has asked the Commission to approve its acquisition of the Property for assembly for the Project. 7 8 9 10 11 12 13 14 Section 9. The law firm of Lewis Brisbois Bisgaard & Smith LLP as special 15 (a) 16 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 17 18 the acquisition of the Property. 19 (b) The sum payable by the Agency as probable compensation for the acquisition of 20 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. 21 22 23 24 25 26 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. 6 P:\Agendas\Resolutions\Resolutions\2005\OS-04-04 514 N. Mt. Vernon Ave. CDC Reso.doc 1 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 514 NORTH MT. VERNON AVENUE, SAN BERNARDINO, CALIFORNIA (AP# 0138-115-06) IN THE MT. VERNON CORRIDOR REDEVELOPMENT PROJECT AREA 2 3 4 5 6 PASSED, APPROVED AND ADOPTED this ~ day of April ,2005. 7 8 I CERTIFY that the foregoing Resolution was duly adopted by the Community joint _ regular meeting held on 9 Development Commission of the City of San Bernardino at its ~y 10 , 2005 by the following vote, to wit: 11 Commission Members: Ayes ESTRADA x LONGVILLE x - MCGINNIS x DERRY ----X...- KELLEY x JOHNSON x MC CAMMACK x Nays Abstain Absent 12 13 14 15 16 17 18 19 ~~ Esther Estrada, V ice-Chairperson Community Development Commission CiJy of San Bernardino The foregoing re,olution i, herehy appmved thi, 11'l. ~ April ..' ~ -Sec~ry ,2005. 20 ~ 21 22 23 24 25 26 Approved as to form and Legal Content: 27 AQ~;I~ 28 By: 7 P:\AgendasIResolutionslResolutions\2005\05-04-04 514 N. Mt. Vernon Ave. CDC Reso.doc EXHIBIT "A" Legal Description APN: 0138-115-06 LOT 2, BLOCK 1 OF TOMPKIN'S SUBDIVISION, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 5 OF MAPS, PAGE 98 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.