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HomeMy WebLinkAboutR42- Economic Development Agency ECONOMIICYDEVELOPMENT IOAGENCY ORIGINAL FROM: Emil A.Marzullo SUBJECT: Virginia Marquez – Property purchase and Interim Executive Director improvement completion on the property located at 168 and 170 East 3e" Street,Unit#11 (Central City East Redevelopment Project Area) DATE: March 29,2010 -- — — -------- ------------------------ Synopsis of Previous Commission/Council/Committee Actionuh None–See letter attached requesting Commission action pursuant to California Health and Safety Code Section 33130.5. ------------- -------------------–-------- ---- Recomended Motion(s): (Community Development Commission) Resolution of the Community Development Commission of the City of San Bernardino certifying that all improvements have been completed on the property located at 168 and 170 East 3`"Street,Unit#11,San Bernardino, California, in the Central City East Redevelopment Project Area pursuant to California Health and Safety Code Section 33130.5 — ----- --------- Contact Person(s): Timothy J.Sabo Phone: (909)663-1044 Central City East Redevelopment Project Area(s): Project Area Ward(s): 1" Supporting Data Attached: 0 Staff Report 0 Resolution(s)0 Agreement(s)/Contract(s)O Map(s)0 Letter(s) FUNDING REQUIREMENTS: Amount: $ -0- Source: N/A Budget Authority: N/A Signature: Fiscal Review: Emil A.h arzullo,Iiiierim Executive Director Lori P ao e A nnustrative Services Director Commissiop/Council Notes:— mac--P c —p /(e------------ ---- — PViinduXiamm Der Commiuiaii CDC 20I0WG-03-10 Virginia Marquez-Prin ipl Place ofROidenu SRdoc COMMISSION MEETING AGENDA Meeting Date: 04/05/2010 Agenda Item Number: r01{Z ECONOMIC DEVELOPMENT AGENCY STAFF REPORT VIRGINIA MARQUEZ—PROPERTY PURCHASE AND IMPROVEMENT COMPLETION ON THE PROPERTY LOCATED AT 168 AND 170 EAST 3r° STREET,UNIT#11 (CENTRAL CITY EAST REDEVELOPMENT PROJECT AREA) BACKGROUND: Virginia Marquez is a member of the Community Development Commission of the City of San Bernardino ("Commission") and the elected First Ward Council Member. Council Member Marquez is in escrow to purchase a residential unit identified as Unit #11 and located at 168 and 170 East 3`' Street, San Bernardino, California(the"Property"),which is within the Central City East Redevelopment Project Area. Because of the land use designations for this project, each unit has one address for the first floor office area and a second address for the upstairs living area thus creating two (2) separate addresses for each unit. Based upon the amendments to the CC&R's that now apply to this project, property owners are not permitted to lease either the upstairs or the downstairs portions as was anticipated at one time but must remain as the owner occupant of both the upstairs and downstairs portions of each unit. CURRENT ISSUE: California Health and Safety Code Section 33130.5 requires the Redevelopment Agency of the City of San Bernardino ("Agency") to approve a certification that improvements to be constructed or work to be done on property to be leased or purchased for residential use within a project area by an officer,employee,consultant or agent of the Agency or community have been completed or that no improvements need to be constructed and no work needs to be done on the property. Council Member Marquez has submitted a letter, attached as Exhibit "A"to the Resolution included in this agenda item, disclosing her potential purchase of the Property, and stating that the unit is complete with no further work to be done and requesting Commission action pursuant to California Health and Safety Code Section 33130.5. After the Property escrow has closed, Council Member Marquez will be required to inform the Commission of such fact and to have a disclosure entered on the minutes of the Commission. Council Member Marquez shall thereafter be disqualified from voting on any matters directly affecting such purchase or residency. ENVIRONMENTAL IMPACT: None. FISCAL IMPACT: None. Account Budgeted Amount: $ 0 Balance as of:March 29.2010 Balance after approval of this item:$ 0 RECOMMENDATION: That the Commul Weveopment Commission adopt the attached Resolution. Emil A.Marzullo,Interim aecutive Director P:Ngeod TommD rmml,YOn�NIJO 5-10 V4 aMUqua-PnMipAPl cofRem&=SRArc COMMISSION MEETING AGENDA Meeting Date: 04//05/2010 Agenda Item Number: t`qZ COPV 1 RESOLUTION NO. 2 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF 3 THE CITY OF SAN BERNARDINO CERTIFYING THAT ALL IMPROVEMENTS HAVE BEEN COMPLETED ON THE PROPERTY 4 LOCATED AT 168 AND 170 EAST 3RD STREET, UNIT #11, SAN BERNARDINO, CALIFORNIA, IN THE CENTRAL CITY EAST 5 REDEVELOPMENT PROJECT AREA PURSUANT TO HEALTH AND 6 SAFETY CODE SECTION 33130.5 7 WHEREAS, the Community Development Commission of the City of San Bernardino (the 8 "Commission") is the governing body of the Redevelopment Agency of the City of San Bernardino 9 (the "Agency"), a public body corporate and politic, organized and existing pursuant to the 10 California Community Redevelopment Law (California Health and Safety Code Section 33000, et 11 seq.); and 12 WHEREAS, Virginia Marquez (the "Proposed Owner") is a member of the Commission and 13 an elected member of the Council and is presently in escrow to acquire the free ownership of the 14 property identified as Unit #11, 168 and 170 East 3rd Street, San Bernardino, California (the 15 "Property"), as the principal residence of the Proposed Owner, and the Property is located within the 16 Central City East Redevelopment Project Area; and 17 WHEREAS,Health& Safety Code Section 33130.5 states in part as follows: 18 "Notwithstanding any other provisions of law, an officer, employee, consultant, or agent of the agency or community, for personal residential use, may purchase or 19 lease property within a project area after the agency has certified that the improvements to be constructed or the work to be done on the property to be 20 purchased or leased have been completed, or has certified that no improvements 21 need to be constructed or that no work needs to be done on the property." 22 WHEREAS, it is the desire of the Commission to certify that all improvements have been 23 completed on the Property and that no improvements need to be constructed and no work needs to 24 be done on the Property based upon the Final Inspection as issued by the Development Services 25 Department of the City and based upon the letter from the Proposed Owner as attached hereto as 26 Exhibit"A"stating that the Property will be used as the principal place of residence of the Proposed w, 27 Owner; and 28 1 Puvndaslm6bon lew6ti=sUO10�5-1OVii abWqua-Pnrcipd vice otReudmce CDC 0.ew.dac 1 WHEREAS, it is necessary for this Commission to approve the above referenced action on 2 behalf of the Agency. 3 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE 4 CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS 5 FOLLOWS: 6 Section 1. The information set forth in the above recitals of this Resolution is true and 7 correct. 8 Section 2. The Commission hereby acknowledges receipt of the Final Inspection for the 9 Property and the letter from the Proposed Owner as attached hereto as Exhibit "A". The 10 Commission further certifies as required by Health and Safety Code Section 33130.5 in connection 11 with the purchase of the Property by the Proposed Owner certifies that (i) the improvements to be 12 constructed or the work to be done on the Property to be purchased by the Proposed Owner have 13 been completed, (ii) no improvements need to be constructed on the Property, (iii) no work needs to 14 be done on the Property, and (iv) the Property will be used as the principal place of residence of the 15 Proposed Owner. 16 Section 3. This Resolution shall take effect from and after its date of adoption by this 17 Commission. 18 19 20 21 22 23 24 25 26 �.J 27 28 2 P UeeM"\ IwionsUksoh¢imu@OIO 0510 Vveime Mv4�-PamiP4 Nh of aidc=CDC Reso I RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO CERTIFYING THAT ALL 2 IMPROVEMENTS HAVE BEEN COMPLETED ON THE PROPERTY 3 LOCATED AT 168 AND 170 EAST 3RD STREET, UNIT #I1, SAN BERNARDINO, CALIFORNIA, IN THE CENTRAL CITY EAST 4 REDEVELOPMENT PROJECT AREA PURSUANT TO HEALTH AND SAFETY CODE SECTION 33130.5 5 6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community 7 Development Commission of the City of San Bernardino at a meeting 8 thereof,held on the day of 2010, by the following vote to wit: 9 Commission Members: Ayes Nays Abstain Absent 10 MARQUEZ 11 DESJARDINS 12 BRINKER 13 SHORETT © 14 KELLEY 15 JOHNSON _ 16 MC CAMMACK 17 18 Secretary 19 20 The foregoing Resolution is hereby approved this day of 2010. 21 22 23 Patrick J. Moms,Chairperson Community Development Commission 24 of the City of San Bernardino 25 26 Approved as to Form: 27 By: , 28 Agency Counik 3 ewa.a,n�wmwvmwwuo.�000a-os-io ViT$i,Mw -P�i*Pfau ofx.�a.nm 1 EXHIBIT "A" 2 Letter requesting Commission Action 3 pursuant to Health and Safety Code Section 33130.5 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 4 P AgendaiReaolutiunsAceolmionaQ01 MN 45.10 Virginaa Marques-Principal Place ofReaidenca CDC Rem loc OFFICE,OF THE COMMON COUNCIL VIRGINIA M.ARQUEZ-COUNCILWOMAN,Fim WARD 300 North"D"Street•San Bernardino•CA 92418-0001 909.384.5268•Fax:909.384.5105 www.sbcity.org ghmar March 25,2010 Emil A. Maraullo Interim Executive Director Redevelopment Agency of the City of San Bernardino 201 North"E"Street, Suite 301 San Bernardino, Cali forma 92401 Re: Disclosure of Potential Purchase of Property Principal Place of Residence within the Central City East Redevelopment Project Area Dear Emil: I am a member of the Community Development Commission of the City of San Bernardino (the "Commission'), which is the governing body of the Redevelopment Agency of the City of San Bernardino(the"Agency"). I will be purchasing a residential unit located at 168 and 170 East Third Street,Unit#11,San Bernardino,California(the"Property). The Property is located within the Central City East Redevelopment Project Area. The unit is completed and no further work is to be done at this time, and the final inspection through the Development Services Department is presently scheduled for March 31,2010. The Agency has no role in the construction or financing of the Property. The Property will be used as my principal place of residence. Pursuant to Health &Safety Code Section 33130.5, I will immediately notify the Agency after escrow has closed at such time as I become the owner of the Property. I hereby request that this matter be placed on the agenda for the next Commission meeting for April 5, 2010,to take the necessary actions as required by the Community Redevelopment Law. My escrow for the purchase of the Property will not close until such time as the Commission has adopted the necessary action to assure compliance with Health & Safety Code Section 33130.5. Thank you for you assistance in this matter. Sincerely, / VIRG AJ Z Councilmember, Firs Waz