Loading...
HomeMy WebLinkAboutR46-Economic Development Agency ECONOMIC DEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO FROM: Maggie Pacheco 0 R J G J l iUIJrCT: Deputy Director 1'Jf\ L DATE: September 24, 2004 HEARING - RESOLUTION OF PUBLIC INTEREST AND NECESSITY FOR ACQUISITION OF REAL PROPERTY: 552 N. MT. VERNON A VENUE (AP# 0138-114-10), SAN BERNARDINO, CALIFORNIA Svnopsis oCPrevious Commission/Council/Committee Action(s): On August 21, 2003, the Community Development Commission ("Commission") authorized Staff to send out Owner Participation notices to the property owners who own property in the proximity to the northwest comer oC 5" and Mt. Vernon (see Exhibit "c" -- Study Area) in accordance with the adopted Agency Owner Participation Rules for the Mt. Vernon Corridor Redevelopment Project Area. No proposals were received. On November 17, 2003, the Community Development Commission approved the Redevelopment Project Study Agreement for Property Acquisition and Redevelopment Assistance with Tri Palm Development, Inc. to study the feasibility of developing an ARCO service station, AM/PM Convenience Store, and Car Wash. Subsequent to this date, the Community Development Commission has authorized Staff to proceed with the acquisition of nine parcels located __,:"it_h_!h_e__~!Jl~)'_"'~e_a,Jn_clu_<iin.g_b.!It_l1g_U!~i!_e_<i__~,,-_tb.~_~!,~c_e!,__,:,,!!_i~_~__\~_!~!!__~!I~_~~!_gtt!!i~_~t!'f't'.~~l'_~_I!:_.__________________________ (Communitv Development Commission) MOTION: 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 CORRJDOR REDEVELOPMENT PROJECT AREA Contact Person(s): Maggie Pacheco Mt. Vernon Corridor Redevelopment Project Area Phone: (909) 663-1044 Project Area( s) Ward(s): Supporting Data Attached: 0 Staff Report 0 Resolution(s) 0 Agreement(s)/Contract(s) 0 Map(s) 0 Letters Approx. Sourc FUNDING REQUIREMENTS Amount: $ 61,000 e: Bond Proceeds Budget Authority: 2003/2004 EDA Budget SIGNATURE: ~?~~~ ~ ?~~~ ~ ) Gary Van Osdel, Executive Director Maggie Pacheco, Deputy Director --Commissi;;;;ic;;;;-;;~iIN;;t;s;----------------------------------------------------------------------------------------------------------------------- 't2t--,<",e- COc.1 '2CO'f 3G P:\Agendas\Colllm De... Commission\CDC 2004\04-10-04 552 N. Mt. Vernon Ave. SR.doc COMMISSION MEETING AGENDA Meeting Date: 10/04/2004 Agenda Item Number: R. 'I ~ ECONOMIC DEVELOPMENT AGENCY STAFF REPORT Hearinl! - Resolution of Public Interest and Necessity for Acquisition of Real Property: 552 N. Mt. Vernon Avenue (AP# 0138-114-10) San Bernardino. California BACKGROUND/CURRENT ISSUE: On January 16, 2004, on February 9, 2004 and again on March 3, 2004, the Agency sent purchase offers to the Property Owner of the real property located at 552 N. Mt. Vernon Avenue, San Bernardino (the "Parcel"), within the Mt. Vernon Corridor Redevelopment Project Area. On the date of this writing, the Property Owner has not responded to the Agency's offers. Consequently, in conformance with the Code of Civil Procedure Section 1245.235, on September 15, 2004, a notice of the October 4, 2004 hearing on adopting a Resolution of Public Interest and Necessity was sent by certified mail to the Property Owner whose name and address appears on the last equalized county assessment roll, in order to afford such Property Owner a reasonable opportunity to be heard by the Commission. The Hearing by the Commission and the adoption of the Resolution of Public Interest and Necessity are legal preconditions to the exercise of the Commission's power of eminent domain. Moreover, Code of Civil Procedure Section 1245.230 requires that the Commission make the following findings and that each be included in the Resolution of Necessity: 1. The public interest and necessity requires the acquisition of the Parcel: The Agency is currently considering a specific development proposal at this time for a number of parcels within the vicinity of the Parcel. The Parcel is subject to sale for delinquent property taxes and is available for purchase. During the past year, the Agency has acquired several parcels of land within the vicinity of the Parcel. The Agency now believes it is appropriate to continue this program of land assembly and to acquire this additional Parcel to provide sufficient contiguous land for potential future commercial development ("Project"). The acquisition of the Parcel will further enhance the ability of the Agency to complete the assembly of lands for appropriately sized sites for future development of a commercial and retail project within the Mt. Vernon Corridor Redevelopment Project Area ("Project Area"). 2. The proposed Proiect is planned or located in a manner that will be most compatible with the I!reatest public I!ood and the least private iniurv: The Property Owner has not paid property taxes for several years and the Parcel is subject to sale for delinquent property taxes. The Agency has increased its efforts to address conditions of blight in this sector of the Project Area to foster a commercially viable and economically sustainable plan of redevelopment and reuse of the properties within the Project Area and to prevent the spread of blight in the Project Area into other surrounding neighborhoods. The assembly and redevelopment of the Parcel is necessary as the Project Area displays a number of conditions of blight including the presence of old structures that show signs of dilapidation and deterioration. Small lot configurations within the Project Area, including the subject Parcel, prevent or substantially hinder the economically viable use of such real property in their present condition. Redevelopment of the Parcel will eliminate blight and provide needed commercial and retail redevelopment of the Project Area and assist with elimination of blight in other areas in proximity to the Project. P:\Agendas\Comm Oev Commission\CDC 2004\04.]0-04 552 N. Mt. Vernon Ave. SR,doc COMMISSION MEETING AGENDA Meeting Date: 05/1712004 Agenda Item Number: R.tlfa Economic Development Agency Staff Report Mt. Vernon Property Acquisition Page 2 3. The subiect Parcel is necessary for the DroDosed Proiect: The Agency previously acquired several parcels of real property in the vicinity of the Parcel and desires to acquire this additional Parcel to provide sufficient contiguous land for future commercial, and retail uses in the Project Area. 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 Project Area displays a number of symptoms of blight. The Project shall also facilitate land assembly and reuse of a developed urban area that has stagnated in recent years under the burdens of small lot size, diverse ownership, abandoned properties and property tax liens. The Project will also confer substantial environmental benefits upon the Project Area and the community generally, in accordance with the General Plan of the City of San Bernardino. 4. The Government Code Ii 7267.2(a) offers have been made to the record DrODertv owners: On January 16, 2004, February 9, 2004 and on March 3, 2004, the Agency submitted formal acquisition offers to the property owner for the subject Parcel. The offers comply with Government Code 9 7267.2. No affirmative responses were received in response to the statutory offers. ENVIRONMENTAL IMPACT: The proposed action is exempt from CEQA, pursuant to 9 15332, Class 32 which consists of projects such as the acquisition of small, isolated parcels of vacant land, characterized as in-fill development meeting the conditions described as follows: (a) the Project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations; (b) the proposed Project, which in this case consists of the acquisition of a small, isolated parcel of vacant land, of approximately 6,330 square feet, is within the city limits, is less than five acres substantially surrounded by urban uses; (c) the Project site has no value as habitat for endangered, rare or threatened species; (d) approval ofthe Project would not result in any significant effects relating to traffic, noise, air quality, or water quality; and (e) the Project is adequately served by all required utilities and publ ic services. FISCAL IMPACT: Based on the appraisal, the cost to acquire the subject Parcel is approximately $47,000 plus court costs and legal expenses normally associated with condemnation proceedings for an approximate total of $61,000. RECOMMENDATION: That the Community Development Commission adopt the attached Resolution. Maggie Pac eco, Deputy Director P:\Agendas\Comm DevCommission\CDC 2004\O4.1{}..04 552 N, Mt Vernon Ave. SR.doc COMMISSION MEETING AGENDA Meeting Date: 10/0412004 Agenda Item Number: K? '-/ & ~I I I _______...______:.1 Legend: 5th Street _ . . _ Mt. Vernon Corridor Project Area -r--------. I I Study Area '-_______.J ~----.,.~~ r l~__ _ _~ Proposed Project Site Phase 1 Proposed Project Site Phase 2 APN: 138-114-18 Agency Owned I I - - II STUDY AREA II Exhibit "e" November 3, 2003 . c: 05 d8 RESOLUTION~~~1t 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 in the City of San Bernardino (the "City"), in accordance with the Community Redevelopment Law; and 9 10 11 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 assemble, and acquire real property for community redevelopment purposes in the Mt. Vernon Corridor (the "!'viI. 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 14 16 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 WHEREAS, on October 7, 2003, the Agency mailed a notice to the owners of record of 22 23 the real property located within the Mt. Vernon Corridor Redevelopment Project Area as 24 25 described below, (the "Property") and informed such persons that the Agency intended to 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 1 P \Agendas\Resolulions\ResoIUlions\2004\Q4.10-04 552 N Ml Vernon Ave. CDC Reso doc c: Cs 16 d8 located at 552 N. ]\.11. Vernon Avenue, San Bernardino, C1\ 92411 (AP# 10138-114-10) (the 3 "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 MI. Vernon Corridor Redevelopment Project Area, based on the appraised value, to the owners 5 6 7 8 9 10 11 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, 12 13 14 2004, and, after diligent inquiry and reasonable research, no other current address for the 17 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 18 19 20 21 purchase with the owners of record of the Property to assemble and acquire the Property for 22 community redevelopment purposes; and 23 WHEREAS, the Commission may serve as the "lead agency" as defined in CEQA for 24 the purpose of conducting an environmental review in connection with the acquisition of the 25 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 26 27 redevelopment ofthe Mt. Vernon Corridor Redevelopment Project Area; and 2 P'.Agendas\Resok.lIKlns\Resoll.ltlons\2004\04.10-04 552 N Ml Vernon Ave CDC Reso.doc c: 05 C8 3 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 4 5 6 7 8 September 20, 2004; and WHEREAS, on October 4, 2004, after not less than fifteen (15) days written notice to 9 10 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 11 12 13 other prerequisites for the exercise of eminent domain to acquire the Property for community 14 redevelopment purposes; and 16 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. 17 18 19 NOW THEREFORE, BE IT RESOLVED THAT THE COMMISSION FINDS, DETERMINES AND DECLARES AS FOLLOWS: 20 21 Section 1. The information set forth in the above recitals of this Resolution is true 22 and correct. 23 Section 2. The real property to be acquired under the authority of this Resolution 24 (the "Property") is located in the Mt. Vernon Corridor Redevelopment Project Area in the City 25 of San Bernardino, California, and is also known as 552 N. Mt. Vernon Avenue, San 26 Bernardino, California 9241 I (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 27 3 P \Agendas\R~olulioJ\s\ReiOIUl1olls\2004\04-IO.04 552 N Ml Vernoll Ave (DC Reso doc c: 06 C8 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 3 appurtenances to the Property. 4 On September 15, 2004, the Agency transmitted a notice of hearing to Section 3. 5 each known owner of record (Hak Yool Kim and Chang Mo Yang) at 754 SW Coast Hw'Y., 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. 6 8 Section 4. The Commission acknowledges receipt of the written reports and 9 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 10 II 12 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. 13 14 Section 5. The Commission on behalf of the Agency finds and determines that the 16 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 17 :8 19 20 21 Domain and other relevant matters. 22 Section 6. The Commission declares its intent to acqUIre the Property for 23 community redevelopment purposes in the name of the Agency in accordance with the laws of 24 the State of California including the Community Redevelopment Law and Health and Safety 25 Code Sections 33391 and 33492.40. The Commission further finds and determines that all of 26 the prerequisites to the exercise of eminent domain by the Agency with respect to such 27 acquisition of the Property for the Project have been met. 4 P.'.Agelldn\Re'l()!utions\Resol"tK'Il~\2004\04.1O.04 S5: N Ml Vernon .'\ve CDC Reso.dcc c: o d8 Section 7. The Commission has found and determined that the acquisition of the 3 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. 4 5 6 Section 8. In accordance with the provisions of Code of Civil Procedure Section 7 1245.230 the Commission finds, determines and declares as follows; 8 (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 9 10 11 12 13 14 16 17 18 economically viable use of such real property in its present condition. Acquisition and 19 assembly of the Property for community redevelopment purposes, together with other lands 20 already owned by the Agency in the Mt. Vernon Corridor Redevelopment Project Area, will 21 foster the elimination of blight and assist with the redevelopment of the Mt. Vernon Corridor 22 Redevelopment Project Area, and assist with elimination of blight in other lands in proximity to 23 the Mt. Vernon Corridor Redevelopment Project Area. 24 (b) The Project is planned or located in the manner that will be most compatible with 25 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 26 27 5 r \Agcndas\ResQlulio/ls\Resolutions\2004\04-10-04 552 N. Ml. Vernon Ave CDC Resodoc C1 2 05 08 stagnated in recent years under the burdens of small lot size, diverse ownership, property tax liens, and inadequate public improvements. 3 (c) The Property described in this Resolution is necessary for Project as its 4 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. 5 6 7 (d) The purchase offer required by Government Code Section 7267.2 has been 8 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 9 10 11 12 redevelopment. 13 Section 9. The law firm of Lewis Brisbois Bisgaard & Smith LLP as special 14 (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 the acquisition of the Property. 17 18 (b) The sum payable by the Agency as probable compensation for the acquisition of 19 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 20 21 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 22 23 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 24 25 counsel to the Agency. 26 Section 10. The Secretary of the Commission is authorized and directed to certify the 27 adoption of this resolution. This Resolution shall take affect upon adoption. 6 P \Agendas\Resolutions"Re'C1lulions\2004\04.10-04 552 N. MI. Verooll.o\ve CDC Reso doc c: 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 AVENUE, SAN BERNARDINO, CALIFORNIA (AP# 0138-114-10) IN THE MT. VERNON CORRIDOR REDEVELOPMENT PROJECT AREA 4 5 6 ,2004. PASSED, ApPROVED AND ADOPTED this _ day of 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 , 2004 by the following vote, to wit: 11 Commission Members: Aves Navs Abstain Absent 12 ESTRADA 13 LONGVILLE 14 MCGINNIS CS DERRY KELLEY 16 17 JOHNSON 18 MC CAMMACK 19 d8 20 Secretary 21 22 The foregoing resolution is hereby approved this day of ,2004. 23 24 25 Judith Valles, Chairperson Community Development Commission of the City of San Bernardino 26 27 By: 7 P:\Agendu\Re50lutions\Re$olulions\2004'D4-10-04 352 N. Mt. Vernon Avtl. CDC Reso,doc c o 16 I I d' I I STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO CITY OF SAN BERNARDINO ) ) ss ) 3 4 I, Secretary of the Community Development Commission 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. 5 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: 17 Secretary of the Community Development Commission of the City of San Bernardino 18 19 20 21 22 23 24 25 26 27 8 P\Agendu\Resolutions\ResolutionsUOO4\04-1G-04 SS2 N. Mt. VBmOn Ave_ CDC Reso.doc Order No. S-162758-9 EXHIBIT "A" CTHE LAND REffRRED TO IN THIS REPORT IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN BERNARDINO AND IS DESCRIBED AS FOLLOWS, THE EAST 100 FEET OF LOT I. BLOCK 2, TOPKINS SUBDIVISION, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN IlERNARDINO, STATE OF CALIFORNIA. AS PER MAP RECORDED IN BOOK 5 PAGE 98 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. o " c