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Home My WebLink AboutR40-Economic Development Agency SAN BERNARDINO CITY HOUSING AUTHORITY ORIGINAL ., ' DATE: July 20,2005 SUBJECT: RESOLUTION RESCINDING SBHA 2005-02 RESOLUTION OF PUBLIC INTEREST AND , NECESSITY OF ACQUISmON OF REAL PROPERTY LOCATED AT 123 NORTH SIERRA WAY, SAN BERNARDINO, CALIFORNIA (APN 0135-292-35) FROM: Maggie Pacheco Deputy Director SvnoDsls of Previous CommlsslonlCounclVCommlttee 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 bounded by Sierra Way and Allen Street, 2ad Street and Rialto Avenue (phase I - "Projecf'), commonly referred to as the Meadowbrook Area. On May 17,2004, the San Bernardino City Housing Authority ("Authority") and the Redevelopment Agency entered into a Redevelopment Cooperation Agreement in order for the Authority to assist the Agency in fh1fin;l1g its obligations under the Grant Agreement with ANR Industries, Inc., also referred to as Meadowbrook Homes, Inc., and to facilitate the development of affordable housing in the Meadowbrook Area. On January 10, 2005, the Community Development Commission approved the 2005 Meadowbrook Single Family Residential Development Agreement ("2005 Agreemenf') with Meadowbrook Homes, Inc. for the development of eight (8) more single family homes in the Meadowbrook Area. MOTION: (San Bernardino Cltv HouslnS! Authoritv) RESOLUTION OF THE SAN BERNARDINO CITY HOUSING AUTHORITY MAKING CERTAIN FINDINGS WITH RESPECT TO THE USE OF CERTAIN LAND FOR DEVELOPMENT OF A NEW SINGLE FAMILY HOME IN THE MEADOWBROOK NEIGHBORHOOD RESTORATION AREA AND RESCINDING HOUSING AUTHORITY RESOLUTION NO. SBHA 2005-02 ADOPTED MAY 16,2005 (LAND LOCATED AT 123 NORTH SIERRA WAY, SAN BERNARDINO, CALIFORNIA, APN 0135-292-35) IN THE INLAND VALLEY DEVELOPMENT AGENCY (IVDA) REDEVELOPMENT PROJECT AREA Contact Person(s): Project Area(s) Gary Van Osde1/Maggie Pacheco IVDA Redevelopment Project Area Phone: Ward(s): (909) 663-1044 1 Supporting Data Attached: Ii1 Staff Report Ii1 Resolution(s) 0 Agreement(s)/Contract(s) 0 Map(s) 0 Letters FUNDING REQUIREMENTS Amount: $ N/A Source: N/A SIGNATURE: Budget Authority: N/A /Y(j),..L~ p:~~I"'iDcIiuiDollicol.I23S_WaySJtdoc HOUSING AUTHORITY AGENDA Meeting Date: 0810112005 Agenda Item Number: t. q 11. .. SAN BERNARDINO CITY HOUSING AUTHORITY STAFF REPORT RESOLUTION RESCINDING SBBA 2005-02 RESOLUTION OF PUBLIC INTEREST AND NECESSITY OF ACQUlSmON OF REAL PROPERTY LOCATED AT 123 NORm SIERRA WAY, SAN BERNARDINO, CALIFORNIA (APN 0135-292-35) BACKGROUND/CURRENT ISSUE: In order to facilitate the implementation of the Redevelopment Cooperative Agreement ("Agreement"), the Authority authorized the appraisal and made offers to purchase to a number of property owners within Phase I Project, including but not limited to, the Property Owner of the parcel located at 123 North Sierra Way ("Property"). Although a number of attempts occurred between Agency Staff and the Property Owner, the Authority had no success in acquiring the subject Property. Consequently, on April 25, 2005, in conformance with the Code of Civil Procedure Section 1245.235, a notice of a May 16, 2005 hearing on adopting a Resolution of Public Interest and Necessity was sent by first class mail to the Property Owner in order to afford such Property Owner a reasonable opportunity to be heard by the Authority. The Public Hearing for the Property Owner 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. The Hearing was held on May 16, 2005 and ResOlution No. SBHA 2005-02 ("Resolution") was adopted, authorizing the Agency to proceed and acquire the Property by condemnation. However, shortly after the adoption of the Resolution, Meadowbrook Park Homes, Inc. (the "Developer ") informed Agency Staff that on May 27, 2005, that they had closed escrow on the acquisition of the Property. The Developer is building homes in the Meadowbrook Revitalization Area under the Grant Agreement and the 2005 Agreement. As a result of the Developer's acquisition of the Property, the condemnation action is no longer necessary, the adopted Resolution No. SBHA 2005-02 is requested to be rescinded. ENVIRONMENTAL IMPACT: None. FISCAL IMPACT: None. RECOMMENDATION: That the San Bernardino City Housing Authority adopt the attached Resolution. ~~ P:~IHouoioI~1 ~DorIicao-I23 Sierra WaySltdoo HOUSING AUTHORITY AGENDA MeetiD& Date: 0810112005 Alenda Item Number: ~ ~Cc'~cCC.CC CCCCC 0 2 3 4 5 6 7 8 11 12 0 13 14 15 16 17 18 19 20 . .' ,Cr.C~ 'C__. RESOLUTION NO. (CQ)\PY RESOLUTION OF THE SAN BERNARDINO CITY HOUSING AUTHORITY MAKING CERTAIN FINDINGS WITH RESPECT TO THE USE OF CERTAIN LAND FOR DEVELOPMENT OF A NEW SINGLE FAMILY HOME IN THE MEADOWBROOK NEIGHBORHOOD RESTORATION AREA AND RESCINDING HOUSING AUTHORITY RESOLUTION NO. SBHA 2005-02 ADOPTED MAY 16, 2005 (LAND LOCATED AT 123 NORTH SIERRA WAY, SAN BERNARDINO, CALIFORNIA, APN 0135-292-35) IN THE INLAND VALLEY DEVELOPMENT AGENCY (lVDA) REDEVELOPMENT PROJECT AREA WHEREAS, the San Bernardino City Housing Authority, a public body corporate and 9 politic (the "Authority") has previously adopted its Resolution No. SBHA 2005-02, dated May 10 16,2005 entitled: "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 Located at 123 North Sierra Way, San Bernardino, California (APN# 0135-292-35) in the Inland Valley Development Agency Redevelopment Project Area"; and WHEREAS, Authority Resolution No. SBHA 2005-02 affects the property located at 123 North Sierra Way, San Bernardino, California (the "Property'); and WHEREAS, soon after the Authority adopted its Resolution No. SBHA 2005-02, Meadowbrook Park Homes, Inc., a California corporation ("Meadowbrook Park Homes') entered into a real property purchase agreement with the owner of the Property and Meadowbrook Park Homes acquired the Property 21 on or about May 27,2005; and 22 WHEREAS, Meadowbrook Park Homes and the Redevelopment Agency of the City of San 23 Bernardino (the "Agency') have previously entered into an agreement entitled ''2005 Meadowbrook 24 Single Family Residential Development Agreement (Meadowbrook Neighbotbood Restoration Area)", 25 dated as of Janwuy 10, 2005 (the ''2005 Meadowbrook Agreement'), pursuant to which Meadowbrook C) Park Homes agreed to undertake construction and development of new single family homes wi1hin an 4835-6121-9072.1 -1- r,~1IIouoioc AuIboriIyIO~IItacirldioI_. 123 Siom Wlycdoc h O2 0 13 14 15 16 17 18 19 20 21 22 23 24 25 0 area described in the 2005 Meadowbrook Agreement as the "Meadowbrook Neighborhood Restoration Area"; and 3 WHEREAS, the Property is situated in the Meadowbrook Neighborllood Restoration Area and 4 the Authority undertook the acquisition of the Property pursuant to Authority Resolution No. SBHA 5 2005-02 in order to develop a new single family home, reserved for occupancy by a lower income family 6 or household and to compliment the efforts of the Agerv;;y to eliminate conditions of blight in the 7 Meadowbrook Neighborhood Restoration Area; and 8 WHEREAS, Meadowbrook PlIlk Homes bas submitted a written request to the Authority and the 9 Agency, dated May 27,2005, in which Meadowbrook PlIlk Homes ll;iJJu;.~..dts that it shall W1dertake the 10 development of the Property for construction thereon of a new single family detached home as part of its lIon-going efforts to constIUct and offer for sale to homebuyers new homes in the Meadowbrook 12 Neighborhood Restoration Area. NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND ORDERED BY THE SAN BERNARDINO CITY HOUSING AUTHORITY, AS FOLLOWS: Section 1. The Authority hereby acknowledges receipt of certain correspondence dated May 27,2005, from Meadowbrook, Park Homes, Inc. as relates to the Property. Section 2. The Authority hereby finds and determines that the construction of a new single family dwelling unit on the Property by the Meadowbrook Park Homes, and the sale of such completed new home thereon by Meadowbrook Park Homes, to a homebuyer will substantially promote the goals and objectives of the Agency and the Authority in achieving the redevelopment of the Meadowbrook Neighborhood Restoration Area, shall increase the supply of new single family dwellings in the community and shall promote new home ownership in -the Meadowbrook Park Neighborhood Restoration Area by all economic segments of the community. In view of the foregoing, the Authority further finds and determines that its actions to acquire the Property are no longer necessary; provided that Meadowbrook Park Homes 483S-6121-9072.1 -2- P'\ApIldII~ AuIIIoriIyIOs.4I-Olltaciodini Rcoo - 12:1 Siena WO)'-doc ,~ r'~.".. . .~",o~w~.".,. O2 causes the Property to be improved with a new single family dwelling unit in a commercially reasonable time frame. 3 Section 3. The Authority hereby rescinds Resolution No. SBHA 2005-02 and 4 declares that such resolution is of no further force and effect. No further proceedings for the 5 acquisition of the Property by the Authority shall be taken pursuant to Authority Resolution No. 6 SBHA 2005-02, or other previous direction of the Authority; provided, however, that the 7 rescission of Authority Resolution No. SBHA 2005-02 shall be without prejudice to prospective 8 actions of the Authority in the event that the Property may not hereafter be improved and 9 offered for sale as a new single-family residential dwelling unit within a commercially 10 reasonably period of time. The Resolution shall become effective immediately upon its adoption. 11 Section 4. 12 /11 013 11/ 14 11/ 15 11/ 16 17 11/ 18 11/ 19 11/ 20 11/ 21 11/ 22 23 11/ 24 11/ 25 0 4835-6121-9072.1 -3- p,~ -"o~1 Reociodil!I Reoo. I:zJ s.... Way.doc: '. ~~ "."'" ~.,,, ","~<., 5 RESOLUTION OF THE SAN BERNARDINO CITY HOUSING AUTHORITY MAKING CERTAIN FINDINGS WITH RESPECT TO THE USE OF CERTAIN LAND FOR DEVELOPMENT OF A NEW SINGLE FAMILY HOME IN THE MEADOWBROOK NEIGHBORHOOD RESTORATION AREA AND RESCINDING HOUSING AUmORlTY RESOLUTION NO. SBHA 2005-02 ADOYI'ED MAY 16, 2005 (LAND LOCATED AT 123 NORm SIERRA WAY, SAN BERNARDINO, CALIFORNIA, APN 0135-292-35) IN mE INLAND VALLEY DEVELOPMENT AGENCY (IVDA) REDEVELOPMENT PROJECT AREA O2 3 4 6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the S Bernardino City Housing Authority at a meeting 7 8 day of 9 Commissioners: 10 ESTRADA 11 LONGVILLE 12 MCGINNIS 0 13 DERRY 14 KELLEY 15 JOHNSON 16 MC CAMMACK 17 18 19 , 2005, by the following vote to wit: Aves Navs Abstain Absent Secretary, San Bernardino City Housing Authority 20 The foregoing resolution is hereby approved this day of , 2005. 21 22 23 Judith Valles, Chairperson San Bernardino City Housing Authority 25 C 24 Approve~ as to form an? Legal Content: By: ~')l j~~ (~uthority Legal Counsel 4835-6121-9072.1 -4- P,IAJendaIIHouIOlaAulhorilylO5~1 ........ R_. \23 Sima Way doc ~ ~ .--- ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Moeting 0.", (Dote Adopted), ~. koS [",m # Ry 0 R,solution ~ ~2::-Y Vote: Ayes 7 Nays Abstain Absent Change to motion to amend original documents 0 Companion Resolutions NullN oid After: days / Resolution # On Attachments: 0 PUBLISH 0 POST 0 Note on Resolution of attachment stored separately: 0 RECORD W/COUNTY 0 By: Date Sent to Mayor: t-- y () r Date of Mayor's Signature: K /7 ' 0 y Date ofClerk/CDC Signature: 8--'<, o~ Reso. Log Updated: ~ Seal Impressed: 0' Date Memo/Letter Sent for Signature: 151 Reminder Letter Sent: Date Returned: 2nd Reminder Letter Sent: Not Returned: 0 Request for Council Action & Staff Report Attached: Yes No By_ Updated Prior Resolutions (Other Than Below): Yes No By_ Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634): Yes No By_ Updated CDC Personnel Folders (5557): Yes No By_ Updated Traffic Folders (3985, 8234, 655, 92-389): Yes No By_ Copies Distributed to: Animal Control 0 City Administrator 0 City Attorney 0 Code Compliance 0 Development Services 0 Others: EDA 0 Information Services 0 Facilities 0 Parks & Recreation 0 Finance 0 Police Department 0 Fire Department 0 Public Services 0 Human Resources 0 Water Department 0 Notes: / Ready to File: / Date: 'E ,.~,~ Revised 12/18/03