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SAN BERNARDINO CITY HOUSING AUTHORITY
SUBJECT: HEARING - RESOLUTION OF PUBLIC
INTEREST AND NECESSITY FOR
ACQUISITION OF REAL PROPERTY:
155 EAST 2ND STREET, (APN 0135-291-
10) AND 123 NORTH SIERRA WAY
(APN 0135-292-35), SAN BERNARDINO,
CALIFORNIA
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FROM:
Maggie Pacheco
Deputy Director
DATE:
May 6, 2004
ORIG\NAL
SvnoDsis of Previous Commission/Council/Committee Action(s):
On February 3, 2003, the Community Development Commission approved the Single Family Meadowbrook Grant
Agreement between the Agency and ANR Industries, Inc. ("Grant Agreement") for the development of 23 single family
homes in the area between Sierra Way and Allen, 2" Street and Rialto Avenue (phase I), commonly referred to as the
Meadowbrook Area.
On May 17, 2004, the San Bernardino City Housing Authority and the Redevelopment Agency entered into a
Cooperation Agreement in order that the Authority could assist the Agency in fulfilling its obligations under the Grant
Agreement with ANR, Industries, and particularly to facilitate the development of affordable housing within the
Meadowbrook Area.
Recommended Motion(s):
OPEN/CLOSE HEARING
(San Bernardino Citv Housin!! Authoritv)
MOTION A: RESOLUTION OF THE SAN BERNARDINO CITY HOUSING AUTHORITY DECLARING THE
PUBLIC INTEREST AND NECESSITY OF ACQUISITION OF REAL PROPERTY BY THE SAN
BERNARDINO CITY HOUSING AUTHORITY OVER THE PROPERTY KNOWN 123 NORTH
SIERRA WAY (APN 0135-292-35), SAN BERNARDINO, CALIFORNIA WITHIN THE INLAND
V ALLEY REDEVELOPMENT PROJECT AREA
MOTION B: RESOLUTION OF THE SAN BERNARDINO CITY HOUSING AUTHORITY DECLARING THE
PUBLIC INTEREST AND NECESSITY OF ACQUISITION OF REAL PROPERTY BY THE SAN
BERNARDINO CITY HOUSING AUTHORITY OVER THE PROPERTY KNOWN AS 155 EAST
2ND STREET (APN 0135-291-10), SAN BERNARDINO, CALIFORNIA WITHIN THE INLAND
V ALLEY REDEVELOPMENT PROJECT AREA
Contact Person( s):
Maggie Pacheco
Inland Valley Redevelopment
Proj ect Area
Phone:
(909) 663- 1044
I
Proj ect Area( s)
Ward(s):
Supporting Data Attached: Ii'] Staff Report Ii'] Resolution(s) 0 Agreement(s)/Contract(s) 0 Map(s) 0 Letters
Approx.
Amount: 33,000 Source: A enc od Housin Fund
SIGNATURE:
Commission/Council Notes:
'i2e'1I"'.... SgijA {?IT1,s,-\
Sel-t>.-j'U:l<l4- ~
P:\CDBG Dept\Maggie\Draft Docs\04-0S-17 Meadowbrook HA SR vcr MP.doc
COMMISSION MEETING AGENDA
Meeting Date: 05/17/2004
Agenda Item Number: f(J fn
SAN BERNARDINO CITY HOUSING AUTHORITY
STAFF REPORT
Hearinl!: - Resolution of Public Interest and Necessity for Acquisition of Real Property: 155 East
2nd Street. (APN 0135-291-10) and 123 North Sierra Way (APN 0135-292-35).
San Bernardino. California
BACKGROUND/CURRENT ISSUE:
In order to facilitate the implementation of the Grant Agreement, the Authority authorized the
appraisal and made offers to purchase to various Property Owners within Phase I ("Project"),
including but not limited to the Property Owners of the parcels located at 155 E. 2nd Street and 123
North Sierra Way ("Properties"). To date the Authority has received no responses or has had success
in acquiring the subject Properties. Consequently, in conformance with the Code of Civil Procedure
Section 1245.235, a notice of the May 17, 2004 hearing on adopting a Resolution of Public Interest
and Necessity was sent by first class mail to all Property Owners whose name and address appears on
the last equalized county assessment roll as set forth in the Resolution, in order to afford such
Property Owners a reasonable opportunity to be heard by the Authority. The Public Hearing by the
Authority and the adoption of the Resolution of Public Interest and Necessity are legal preconditions
to the exercise of the Authority's power of eminent domain. Code of Civil Procedure Section
1245.230 requires that the Authority make the following findings and that each be included in the
Resolution of Necessity:
I. The public interest and necessity requires the acquisition of the Properties: In this regard the
property acquisition furthers the development and availability of affordable housing within the
Inland Valley Redevelopment Project ("Project Area");
2. The proposed Project is planned or located in a manner that will be most compatible with the
greatest public good and the least private injury. The Authority has previously determined,
e.g., that there are no feasible options to the Project;
3. The subject Properties are necessary for the proposed Project. The proposed Project requires
the acquisition of the Properties described in the Resolution of Public Interest and Necessity;
and
4. The Government Code 7267.2(a) offers have been made to the record owners of such
Properties. On or about December 18, 2003 and again on or about March 3, 2004, the San
Bernardino City Housing Authority acting at the direction of the Authority, submitted formal
acquisition requests to the Property Owners for the subject Properties. The offers comply
with Government Code 7267.2. No affirmative responses were received in response to the
statutory offers.
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COMMISSION MEETING AGENDA
Meeting Date: 05/17/2004
Agenda Item Number: R:1~
San Bernardino City Housing Authority Staff Report
Meadowbrook Property Acquisition
Page 2
ENVIRONMENTAL IMPACT:
The proposed action or Project is exempt from CEQA, pursuant to 9 15332, Class 32 which consists
of projects 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
occurs within city limits on a project site of no more 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 of the Project would not result in any significant effects relating to traffic, noise, air quality,
or water quality; and (e) the site is adequately served by all required utilities and public services.
FISCAL IMPACT:
The cost of this transaction will include acquisition costs of approximately $25,000, plus court costs
normally associated with condemnation proceedings.
RECOMMENDATION:
That the San Bernardino City Housing Authority adopt the attached Resolutions.
Maggie Pacheco, Deputy Director
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P:\CDBG Dept\Maggie\Draft Doc::s\04-05-17 Meadowbrook HA SR veT MP.doc
COMMISSION MEETING AGENDA
Meeting Date: 05/17/2004
Agenda Item Number: ~:J..~
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RESOLUTION NO~ \Q) [;9 r
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RESOLUTION OF THE SAN BERNARDINO CITY HOUSING
AUTHORITY DECLARING THE PUBLIC INTEREST AND NECESSITY
OF ACQUISITION OF REAL PROPERTY BY THE SAN BERNARDINO
CITY HOUSING AUTHORITY OVER THE PROPERTY KNOWN AS 123
NORTH SIERRA WAY (APN 0135-292-35), SAN BERNARDINO,
CALIFORNIA IN THE INLAND VALLEY REDEVELOPMENT
PROJECT AREA
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WHEREAS, the San Bernardino City Housing Authority (the "Authority"), a public
entity created pursuant to the Housing Authorities Law (Health & Safety Code 934200, et seq.),
is authorized to acquire and redevelop blighted properties located within the City of San
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Bernardino, as authorized by the Housing Authorities Law; and
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WHEREAS, the Authority authorized the assemblage and acquisition of real property
parcels for future redevelopment as new affordable housing in the Inland Valley Redevelopment
Area (the "Project Area") in accordance with the provisions of the Housing Authorities Law;
and
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WHEREAS, the Authority hired an appraiser on or about October 6, 2003 to commence
appraisals of certain Project Area parcels for assembly and acquisition for future development
of affordable single family housing within the Project Area (the "Project Development"); and
WHEREAS, the Authority sent owner participation notices to property owners, and the
Authority mailed Statements of Interest to Participate to all known property owners of record
within the Project Area on or about December 18,2003; and
WHEREAS, the Authority sent purchase offers to the Property Owners, in an attempt to
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purchase the parcels in the Project Area at the appraised values in lieu of condemnation, and the
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Authority mailed purchase offers to the Property Owners based on the appraised value of each
parcel described in this Resolution within the Project Area on or about December 18, 2003 and
again on or about March 3, 2004; and
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WHEREAS, the owner of the parcel identified by County Assessor Parcel Number
("APN") 0 135-292-35 of the Project Area has not accepted the purchase offer submitted by the
Authority; and
WHEREAS, the Authority has not been able to satisfactorily complete a negotiated
purchase with the Property Owners to assemble and acquire the real property described in this
Resolution for future redevelopment as affordable infill single family housing; and
WHEREAS, the Authority desires to acquire the parcel identified by APN 0135-292-35
at 123 North Sierra Way, San Bernardino, CA 92408 (the "Parcel") for Project Development;
and
WHEREAS, the assembly and acquisition of the Parcel for future development as infill
affordable single family housing is exempt from the requirements of the California
Environmental Quality Act of 1970, as amended, Public Resources Code S 21000 et seq.
("CEQA") relative to conducting an environmental review for such land assembly and
acquisition activities of the Authority, according to 14 California Code of Regulations S 15332
Class 32 because (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 development occurs within city limits on a project site of no more
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 of the project would not result in
any significant effects relating to traffic, noise, air quality, or water quality; and (e) the site can
be adequately served by all required utilities and public services; and.
WHEREAS, the City of San Bernardino (the "City") shall serve as the "lead agency" as
defined in CEQA for the purpose of conducting an environmental review in response to future
development including requests for Building Permits for Project Development relative to the
Parcel; and
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WHEREAS, the proposed Project Development, to be analyzed in more detail during the
CEQA compliance process for development of new affordable single family housing, includes
the following key elements:
(i) Acquisition of unimproved land identified as APN 0135-292-35 within the
Project Area; and
(ii) Construction of affordable infill single family housing within the Project Area.
WHEREAS, the Authority transmitted an offer to purchase the Parcel of real estate
situated within the Project Area, based on the appraised values of such Parcel, to the owner of
the real property, including to the owner of the Parcel more particularly described in this
Resolution; and
WHEREAS, the purchase offer mailed to Carlos Dorticos as the owner of the Parcel
identified as APN 0135-292-35, at the address of record on file at the office of the County
Recorder as 714 S. Main Street, Santa Ana, CA 92701 and at the address of the property at 125
North Sierra Way, San Bernardino, CA 92408, were returned by the Post Office undelivered,
but after diligent inquiry and reasonable research an additional address for the owner was found
at 6610 Clump Avenue #1, N. Hollywood, CA 91606 and he received a purchase offer at that
address as evidenced by his signature on a Post Office return receipt card; and
WHEREAS, the Parcel more particularly described in this Resolution is subject to real
property tax liens for delinquent tax payments, that could result in sale. of the Parcel by the
County Tax Collector to satisfy delinquent property taxes; and
WHEREAS, the Authority desires to adopt this Resolution to allow the Authority to
acquire the Parcel situated within the Project Area by condemnation, if necessary, in lieu of
negotiated purchase; and
WHEREAS, on April 23, 2004 notice was mailed to the owner of the Parcel that the
Authority may adopt a resolution on May 17, 2004 declaring the public interest and necessity of
acquisition ofthe Parcel; and
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WHEREAS, on May 17, 2004, after not less than fifteen (15) days written notice to the
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owner of the Parcel more particularly described in this Resolution, the Authority conducted a
hearing for the purpose of affording the owner of such Parcel a reasonable opportunity to appear
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and be heard on the matters referred to in Code of Civil Procedure ~ 1240.030 and whether the
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Authority has met all other prerequisites for the exercise of Eminent Domain to acquire the
subject Parcel, described in this Resolution, for community redevelopment purposes; and
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WHEREAS, the Authority has determined as a result of such hearing on May 17, 2004,
that the public health, safety and welfare require the Authority to acquire the subject Parcel, as
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more particularly described below in this Resolution, for community redevelopment purposes.
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NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND ORDERED
BY THE SAN BERNARDINO CITY HOUSING AUTHORITY, 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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and correct.
Section 2.
The real property to be acquired under the authority of this Resolution
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(the "Parcel") is located in the Project Area in the City, and is also known as 123 North Sierra
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Way, San Bernardino, California 92408 (APN 0135-292-35). The Parcel is more particularly
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described in the legal description attached as Exhibit "A." The interest in the Parcel to be
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acquired consists of all of the fee simple absolute title interest in the Parcel, and all of the right,
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title and interest of each person and owner of the Parcel including the acquisition of each and
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every possessory interest and all easements and appurtenances to the Parcel.
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Section 3.
The Authority transmitted a notice of hearing to the known owner of
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record, on April 23, 2004 by mail as follows:
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Carlos Dorticos, the owner of record of the real property located at 125 North Sierra
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Way, San Bernardino, CA 92408 (APN0135-292-35), was notified at both his address of record
on file at the office of the County Recorder at 714 S. Main Street, Santa Ana, CA 92701 and at
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the address of the property, and he was also notified at his actual address at 6610 Clump
Avenue #1, N. Hollywood, CA 91606.
Copies of such notice of hearing are on file with the Clerk of the Authority.
Section 4. The Authority acknowledges receipt of the written reports and
information relating to the proposed Project Development, including without limitation the
appraisals of the Parcel, staff reports, and oral reports and information submitted to the
Authority during the course of the hearing conducted on May 17, 2004.
Section 5. The Authority finds and determines that the hearing conducted by the
Authority on this matter on May 17, 2004, was full and fair, and that each interested person has
been accorded a full and fair opportunity to present evidence and testimony relating to the
proposed assembly of the Parcel, Project Development including future redevelopment of the
Project Area, and the matters described in Code of Civil Procedure ~ 1240.030, and the
acquisition of the Parcel, and all interests in it, by the Authority for community redevelopment
purposes by the exercise of Eminent Domain and other relevant matters.
Section 6. The Authority declares its intent to acquire the Parcel for community
redevelopment purposes in the name of the Authority in accordance with the laws of the State of
California and the Housing Authorities Law (Health and Safety Code ~ 34240.40). The
Authority further finds and determines that all of the prerequisites to the exercise of Eminent
Domain by the Authority with respect to such acquisition ofthe Parcel have been met.
Section 7. In accordance with the provisions of Code of Civil Procedure ~ 1245.230
the Authority finds, determines and declares as follows:
(a) The public interest, convenience and necessity require the acquisition of the
Parcel for the Project Development, which is necessary to alleviate conditions of blight in the
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Project Area and to provide for the orderly redevelopment of the Parcel and other real property
included in the Project Area. The assembly and redevelopment of the Parcel included in the
Project Area, 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 and City
zoning classification. Redevelopment of the Parcel as affordable infill housing will eliminate
the aforementioned conditions of blight within the Project Area and provide needed affordable
housing in the Project Area, and assist with elimination of blight in other areas in proximity to
the Project Area, by providing affordable housing that is needed due to the insufficiency of new
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affordable housing throughout the City.
(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 Parcel included in
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the Project Area displays a number of symptoms of blight, and that Project Development shall
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also facilitate land assembly and reuse of a developed urban area that has stagnated in recent
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years under the burdens of small lot size, diverse ownership, property tax liens, and inadequate
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public improvements. Project Development shall also confer substantial environmental benefits
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upon the Project Area and the community generally, in accordance with the General Plan of the
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City.
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(c)
The Parcel described in this Resolution is necessary for Project Development as
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its acquisition and reuse for affordable housing purposes is part of an integrated design plan to
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eliminate blight and provide for the improvement of all of the lands included within the Project
Area.
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(d) The purchase offer required by Government Code g 7267.2 has been mailed to
the owner of record of the Parcel by the Authority, and the Authority has not been successful in
negotiating a purchase of the Parcel with such owner based upon such offer of the Authority on
terms that are acceptable to the owner ofthe Parcel.
Section 8.
(a)
The law firm of Lewis Brisbois Bisgaard & Smith LLP as special
legal counsel to the Authority, is authorized and directed to prepare, institute and prosecute in
the name of the Authority such proceedings in the court having jurisdiction, as may be
necessary for the acquisition of the Parcel. Special legal counsel to the Authority is further
authorized and directed to obtain an order of the court granting the Authority and contractors
and licensees of the Authority, the right of prejudgment possession and occupancy of the Parcel
at the earliest feasible time in order to implement the redevelopment project and commence
Project Development.
(b) The sum payable by the Authority as probable compensation for the acquisition
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of the Parcel by Eminent Domain shall accompany the filing of an application for prejudgment
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possession of the Parcel and shall be deposited as follows: (i) with the State of California in the
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manner provided by law, or upon the recommendation of Authority special legal counsel to the
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County Treasury; or (ii) at the election of the person(s) who may claim an interest in the Parcel
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to be acquired by such condemnation proceedings, in such other manner as such interested
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person(s) may request in writing, subject to the approval of the Authority Executive Director
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and special legal counsel to the Authority.
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Section 9.
The Resolution shall become effective immediately upon its adoption.
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C
RESOLUTION OF THE SAN BERNARDINO CITY HOUSING
AUTHORITY DECLARING THE PUBLIC INTEREST AND NECESSITY
OF ACQUISITION OF REAL PROPERTY BY THE SAN BERNARDINO
CITY HOUSING AUTHORITY OVER THE PROPERTY KNOWN AS 123
NORTH SIERRA WAY (APN 0135-292-35), SAN BERNARDINO,
CALIFORNIA IN THE INLAND VALLEY REDEVELOPMENT
PROJECT AREA
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the San
Bernardino City Housing Authority of the City of San Bernardino at a
meeting
hereof, held on the
day of
, 2004, by the following vote to wit:
Commissioners:
Aves
Navs
Abstain
Absent
ESTRADA
LONGVILLE
MCGINNIS
DERRY
KELLEY
JOHNSON
MC CAMMACK
Secretary, San Bernardino City Housing
Authority
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day of
The foregoing resolution is hereby approved this
,2004.
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Judith Valles, Chairperson
San Bernardino City Housing Authority
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By:
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RESOLUTlONNO.~ !?t
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RESOLUTION OF THE SAN BERNARDINO CITY HOUSING
AUTHORITY DECLARING THE PUBLIC INTEREST AND NECESSITY
OF ACQUISITION OF REAL PROPERTY BY THE SAN BERNARDINO
CITY HOUSING AUTHORITY OVER THE PROPERTY KNOWN AS 155
EAST 2ND STREET (APN 0135-291-10), SAN BERNARDINO,
CALIFORNIA IN THE INLAND VALLEY REDEVELOPMENT
PROJECT AREA
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WHEREAS, the San Bernardino City Housing Authority (the "Authority"), a public
entity created pursuant to the Housing Authorities Law (Health & Safety Code S34200, et seq.),
is authorized to acquire and redevelop blighted properties located within the City of San
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Bernardino, as authorized by the Housing Authorities Law; and
II
WHEREAS, the Authority authorized the assemblage and acquisition of real property
parcels for future redevelopment as new affordable housing in the Inland Valley Redevelopment
Area (the "Project Area") in accordance with the provisions of the Housing Authorities Law;
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and
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WHEREAS, the Authority hired an appraiser on or about October 6, 2003 to commence
appraisals of certain Project Area parcels for assembly and acquisition for future development
of affordable single family housing within the Project Area (the "Project Development"); and
WHEREAS, the Authority sent owner participation notices to property owners, and the
Authority mailed Statements of Interest to Participate to all known property owners of record
within the Project Area on or about December 18, 2003; and
WHEREAS, the Authority sent purchase offers to the Property Owners, in an attempt to
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purchase the parcels in the Project Area at the appraised values in lieu of condemnation, and the
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Authority mailed purchase offers to the Property Owners s based on the appraised value of each
parcel described in this Resolution within the Project Area on or about December 18,2003 and
again on or about March 3, 2004; and
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WHEREAS, the owner of the parcel identified by County Assessor Parcel Number
("APN") 0 135-291-1 0 of the Project Area has not accepted the purchase offer submitted by the
Authority; and
WHEREAS, the Authority has not been able to satisfactorily complete a negotiated
purchase with the Property Owners to assemble and acquire the real property described in this
Resolution for future redevelopment as affordable infill single family housing; and
WHEREAS, the Authority desires to acquire the parcel identified by APN 0135-291-10
at 155 East 2nd Street, San Bernardino, CA 92408 (the "Parcel") for Project Development; and
WHEREAS, the assembly and acquisition of the Parcel for future development as infill
affordable single family housing is exempt from the requirements of the California
Environmental Quality Act of 1970, as amended, Public Resources Code g 21000 et seq.
("CEQA") relative to conducting an environmental review for such land assembly and
acquisition activities of the Authority, according to 14 California Code of Regulations g 15332
Class 32 because (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 development occurs within city limits on a project site of no more
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 of the project would not result in
any significant effects relating to traffic, noise, air quality, or water quality; and (e) the site can
be adequately served by all required utilities and public services; and.
WHEREAS, the City of San Bernardino (the "City") shall serve as the "lead agency" as
defined in CEQA for the purpose of conducting an environmental review in response to future
development including requests for Building Permits for Project Development relative to the
Parcel; and
WHEREAS, the proposed Project Development, to be analyzed in more detail during the
CEQA compliance process for development of new affordable single family housing, includes
the following key elements:
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(i) Acquisition of unimproved land identified as APN 0135-291-10 within the
Project Area; and
(ii) Construction of affordable infill single family housing within the Project Area,
WHEREAS, the Authority transmitted an offer to purchase the Parcel of real estate
situated within the Project Area, based on the appraised values of such Parcel, to the owner of
the real property, including to the owner of the Parcel more particularly described in this
Resolution; and
WHEREAS, the purchase offer mailed to Louis Salas as the owner of the Parcel more
particularly described in this resolution as APN 0135-291-10, at the address of record on file at
the office of the County Recorder as P,O, Box 612, Oroville, CA 95965 and at the address of
the property at 155 East 2nd Street, San Bernardino, CA 92408, were returned by the Post
Office undelivered, and after diligent inquiry and reasonable research no additional address for
that property owner could be located; and
WHEREAS, the Parcel more particularly described in this Resolution is subject to real
property tax liens for delinquent tax payments, that could result in sale of the Parcel by the
County Tax Collector to satisfy delinquent property taxes; and
WHEREAS, the Authority desires to adopt this Resolution to allow the Authority to
acquire the Parcel situated within the Project Area by condemnation, if necessary, in lieu of
negotiated purchase; and
WHEREAS, on April 23, 2004 notice was mailed to the owner of the Parcel that the
Authority may adopt a resolution on May 17, 2004 declaring the public interest and necessity of
acquisition of the Parcel; and
WHEREAS, on May 17, 2004, after not less than fifteen (15) days written notice to the
owner of the Parcel more particularly described in this Resolution, the Authority conducted a
hearing for the purpose of affording the owner of such Parcel a reasonable opportunity to appear
and be heard on the matters referred to in Code of Civil Procedure gl240,030 and whether the
Authority has met all other prerequisites for the exercise of Eminent Domain to acquire the
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subject Parcel, described in this Resolution, for community redevelopment purposes; and
WHEREAS, the Authority has determined as a result of such hearing on May 17, 2004,
that the public health, safety and welfare require the Authority to acquire the subject Parcel, as
more particularly described below in this Resolution, for community redevelopment purposes,
NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND ORDERED
BY THE SAN BERNARDINO CITY HOUSING AUTHORITY, AS FOLLOWS:
The information set forth in the above recitals of this Resolution is tru
Section I.
and correct.
Section 2, The real property to be acquired under the authority of this Resolution (th
"Parcel") is located in the Project Area in the City, and is also known as 155 East 2nd Street, S
Bernardino California 92408 (APN 0135-291-10), The Parcel is more particularly described i
the legal description attached as Exhibit "A." The interest in the Parcel to be acquired consists 0
all of the fee simple absolute title interest in the Parcel, and all of the right, title and interest 0
each person and owner of the Parcel including the acquisition of each and every possesso
interest and all easements and appurtenances to the Parcel.
Section 3. The Authority transmitted a notice of hearing to the known owner 0
record, on April 23, 2004 by mail as follows:
Louis Salas, the owner ofrecord of the real property located at 155 East 2nd Street, S
Bernardino, CA 92408 (APN 0135-291-10), was notified at his address ofrecord on file at th
office of the County Recorder at P.O. Box 612, Oroville, CA 95965 and at the address of th
property.
Copies of such notice of hearing are on file with the Clerk of the Authority.
Section 4. The Authority acknowledges receipt ofthe written reports and informatio
relating to the proposed Project Development, including without limitation the appraisals of th
Parcel, staff reports, and oral reports and information submitted to the Authority during th
course of the hearing conducted on May 17, 2004.
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Section 5. The Authority finds and determines that the hearing conducted by th
Authority on this matter on May 17, 2004, was full and fair, and that each interested person
been accorded a full and fair opportunity to present evidence and testimony relating to th
proposed assembly of the Parcel, Project Development including future redevelopment of th
Project Area, and the matters described in Code of Civil Procedure g 1240.030, and th
acquisition of the Parcel, and all interests in it, by the Authority for community redevelopmen
purposes by the exercise of Eminent Domain and other relevant matters.
Section 6. The Authority declares its intent to acquire the Parcel for communi
redevelopment purposes in the name of the Authority in accordance with the laws of the State 0
California and the Housing Authorities Law (Health and Safety Code g 34240.40).
Authority further finds and determines that all of the prerequisites to the exercise of Eminen
Domain by the Authority with respect to such acquisition of the Parcel have been met.
Section 7. In accordance with the provisions of Code of Civil Procedure g 1245.23
the Authority finds, determines and declares as follows:
(a) The public interest, convenience and necessity require
Parcel for the Project Development, which is necessary to alleviate conditions of blight in th
Project Area and to provide for the orderly redevelopment of the Parcel and other real prope
included in the Project Area. The assembly and redevelopment of the Parcel included in th
Project Area, is necessary as the Project Area displays a number of conditions of blight includin
the presence of old structures that show signs of dilapidation and deterioration, small 10
configurations within the Project Area, including the subject Parcel, prevent or substantiall
hinder the economically viable use of such real property in their present condition and Ci
zoning classification. Redevelopment ofthe Parcel as affordable infill housing will eliminate th
aforementioned conditions of blight within the Project Area and provide needed affordabl
housing to the Project Area, and assist with elimination of blight in other areas in proximity t
the Project Area, by providing affordable housing that is needed due to the insufficiency of ne
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affordable housing throughout the City.
(b) The Project is planned or located in the manner that will be most
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compatible with the greatest public good and the least private injury in light of the fact that the
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Parcel included in the Project Area displays a number of symptoms of blight, and that Project
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Development shall also facilitate land assembly and reuse of a developed urban area that has
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stagnated in recent years under the burdens of small lot size, diverse ownership, property tax
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liens, and inadequate public improvements, Project Development shall also confer substantial
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environmental benefits upon the Project Area and the community generally, in accordance with
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the General Plan of the City,
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(c)
The Parcel described in this Resolution is necessary for Project Development as
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its acquisition and reuse for affordable housing purposes is part of an integrated design plan to
eliminate blight and provide for the improvement of all of the lands included within the Project
Area.
(d) The purchase offer required by Government Code S 7267,2 has been mailed to
the owner of record of the Parcel by the Authority, and the Authority has not been successful in
negotiating a purchase of the Parcel with such owner based upon such offer of the Authority on
terms that are acceptable to the owner of the Parcel.
Section 8.
The law firm of Lewis Brisbois Bisgaard & Smith LLP as special
(a)
legal counsel to the Authority, is authorized and directed to prepare, institute and prosecute in
the name of the Authority such proceedings in the court having jurisdiction, as may be
necessary for the acquisition of the Parcel. Special legal counsel to the Authority is further
authorized and directed to obtain an order of the court granting the Authority and contractors
and licensees of the Authority, the right of prejudgment possession and occupancy of the Parcel
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at the earliest feasible time in order to implement the redevelopment project and commence
Project Development.
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(b) The sum payable by the Authority as probable compensation for the acquisition
of the Parcel by Eminent Domain shall accompany the filing of an application for prejudgment
possession of the Parcel and shall be deposited as follows: (i) with the State of California in the
manner provided by law, or upon the recommendation of Authority special legal counsel to the
County Treasury; or (ii) at the election of the person(s) who may claim an interest in the Parcel
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to be acquired by such condemnation proceedings, in such other manner as such interested
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person(s) may request in writing, subject to the approval of the Authority Executive Director
and special legal counsel to the Authority.
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The Resolution shall become effective immediately upon its adoption.
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RESOLUTION OF THE SAN BERNARDINO CITY HOUSING
AUTHORITY DECLARING THE PUBLIC INTEREST AND NECESSITY
OF ACQUISITION OF REAL PROPERTY BY THE SAN BERNARDINO
CITY HOUSING AUTHORITY OVER THE PROPERTY KNOWN AS 155
EAST 2ND STREET (APN 0135-291-10), SAN BERNARDINO,
CALIFORNIA IN THE INLAND V ALLEY REDEVELOPMENT
PROJECT AREA
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the San
Bernardino City Housing Authority of the City of San Bernardino at a
meeting
hereof, held on the
day of
, 2004, by the following vote to wit:
Commissioners:
Aves
Navs
Abstain
Absent
ESTRADA
LONGVILLE
MCGINNIS
DERRY
KELLEY
JOHNSON
MC CAMMACK
Secretary, San Bernardino City Housing
Authority
18
day of
,2004.
The foregoing resolution is hereby approved this
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Judith Valles, Chairperson
San Bernardino City Housing Authority
Approved
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By:
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