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HomeMy WebLinkAboutR26-Economic Development Agency '. 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 ._----~------------------------------------------------------------------------------------------------------------ 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. ----.-----------------------.------------------------------------------------------------------------------ P:\CDBG Dept\Maggic\Draft Docs\04-OS-17 Meadowbrook HA SR ver MP.doo 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 --------------------------------------------------------------------------------------------------- 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..~ c 13 C 14 C 25 ., RESOLUTION NO~ \Q) [;9 r 2 3 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 4 5 6 7 8 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 9 10 Bernardino, as authorized by the Housing Authorities Law; and II 12 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 15 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 16 17 18 19 20 21 22 purchase the parcels in the Project Area at the appraised values in lieu of condemnation, and the 23 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 24 -1- P:\Agelllda.\Hou5Jng Authol1ty\04-05-17 Meadowbrook HA KetO A.doc o 11 12 C 13 14 15 16 17 18 19 20 21 22 23 24 0 25 2 3 4 5 6 7 8 9 10 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 //1 -2- P:\Agend.s\Houslnll Autborlty\04-05-17 Meadowbrook HA Reso A.doc O2 6 7 8 9 10 11 12 C 13 14 15 16 17 18 19 20 21 22 23 24 25 C .. 3 4 5 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 -3- P:\Agendas\Houslng Aulhortty\04-05-17 Meadowbrook HA Reso A.doe o c13 14 C 25 WHEREAS, on May 17, 2004, after not less than fifteen (15) days written notice to the 2 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 3 4 and be heard on the matters referred to in Code of Civil Procedure ~ 1240.030 and whether the 5 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 6 7 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 8 9 more particularly described below in this Resolution, for community redevelopment purposes. 10 NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND ORDERED BY THE SAN BERNARDINO CITY HOUSING AUTHORITY, AS FOLLOWS: 11 Section 1. The information set forth in the above recitals of this Resolution is true 12 and correct. Section 2. The real property to be acquired under the authority of this Resolution 15 (the "Parcel") is located in the Project Area in the City, and is also known as 123 North Sierra 16 Way, San Bernardino, California 92408 (APN 0135-292-35). The Parcel is more particularly 17 described in the legal description attached as Exhibit "A." The interest in the Parcel to be 18 acquired consists of all of the fee simple absolute title interest in the Parcel, and all of the right, 19 title and interest of each person and owner of the Parcel including the acquisition of each and 20 every possessory interest and all easements and appurtenances to the Parcel. 21 Section 3. The Authority transmitted a notice of hearing to the known owner of 22 record, on April 23, 2004 by mail as follows: 23 Carlos Dorticos, the owner of record of the real property located at 125 North Sierra 24 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 -4- P:\ACendu\Houslng Authority\04-05-17 Meadowbrook HA Reso A.doe 0 2 3 4 5 6 7 8 9 10 11 12 0 13 14 15 16 17 18 19 20 21 22 23 24 C 25 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 .5. P:\Agendas\Houllng Autboriry\fI4..05-17 Meadowbrook HA ReIo A.doe 0 2 3 4 5 6 7 8 9 10 11 013 14 C25 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 12 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 15 the Project Area displays a number of symptoms of blight, and that Project Development shall 16 also facilitate land assembly and reuse of a developed urban area that has stagnated in recent 17 years under the burdens of small lot size, diverse ownership, property tax liens, and inadequate 18 public improvements. Project Development shall also confer substantial environmental benefits 19 upon the Project Area and the community generally, in accordance with the General Plan of the 20 21 City. 22 (c) The Parcel described in this Resolution is necessary for Project Development as 23 its acquisition and reuse for affordable housing purposes is part of an integrated design plan to 24 eliminate blight and provide for the improvement of all of the lands included within the Project Area. -6- 1':\Ageadls\HousJng Autbority\04-OS-J7 Meadowbrook HA Reso A.doc '0 2 3 4 5 6 7 8 9 10 11 12 Ci13 14 C 25 (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 15 of the Parcel by Eminent Domain shall accompany the filing of an application for prejudgment 16 possession of the Parcel and shall be deposited as follows: (i) with the State of California in the 17 manner provided by law, or upon the recommendation of Authority special legal counsel to the 18 County Treasury; or (ii) at the election of the person(s) who may claim an interest in the Parcel 19 to be acquired by such condemnation proceedings, in such other manner as such interested 20 21 person(s) may request in writing, subject to the approval of the Authority Executive Director 22 and special legal counsel to the Authority. 23 Section 9. The Resolution shall become effective immediately upon its adoption. 24 /1/ /1/ -7- P:\Agendll\Hounng Authorlty\04.{l5-17 Meadowbrook HA Reso A.doc 0 2 3 4 5 6 7 8 9 10 11 12 0 13 14 15 16 17 25 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 18 day of The foregoing resolution is hereby approved this ,2004. 19 20 21 Judith Valles, Chairperson San Bernardino City Housing Authority 22 By: 23 24 -8- P:\Agendu\HoU5ing Autborlry\04-OS-i7 Meadowbrook HA Rao A.doc: O2 013 14 25 C RESOLUTlONNO.~ !?t 3 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 4 5 6 7 8 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 9 10 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; 12 and 15 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 16 17 18 19 20 21 22 purchase the parcels in the Project Area at the appraised values in lieu of condemnation, and the 23 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 24 -1- P:\Alendll$\Hou.inll Autborlty\04-0S.J7 Meadowbrook HA Reso B.doc: o 4 5 6 7 8 9 10 11 12 C 13 14 15 16 17 18 19 20 21 22 C 25 2 3 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: 23 24 -2- 1':\Agendas\Hou5lng Authorlty\04-05-17 Meadowbrook HA Reao B.doc " o c13 14 C 25 2 (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 3 4 5 6 7 8 9 10 11 12 15 16 17 18 19 20 21 22 23 24 -3- P:\Axendu\Houllnt Autbority\04-Q5..17 Mpdowbrook HA Reso &.doc .' o 9 10 11 12 0 13 14 15 16 C 25 2 3 4 5 6 7 8 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. 17 18 19 20 21 22 23 24 -4- P:\Agendal\HouuDI AUlhorlty\04-05-17 Mudowbrook HA Reso B.dOl: .' 0 2 3 4 5 6 7 8 9 10 11 12 C 13 14 15 16 17 18 19 20 21 22 23 24 C 25 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 -5- P:\AlendQ\Ho..,lng Authority\04-05-17 Meadowbrook HA Ruo a.doc .' C 2 C 13 14 15 16 17 18 19 20 21 22 23 24 C 25 affordable housing throughout the City. (b) The Project is planned or located in the manner that will be most 3 compatible with the greatest public good and the least private injury in light of the fact that the 4 Parcel included in the Project Area displays a number of symptoms of blight, and that Project 5 Development shall also facilitate land assembly and reuse of a developed urban area that has 6 stagnated in recent years under the burdens of small lot size, diverse ownership, property tax 7 liens, and inadequate public improvements, Project Development shall also confer substantial 8 environmental benefits upon the Project Area and the community generally, in accordance with 9 the General Plan of the City, 10 11 (c) The Parcel described in this Resolution is necessary for Project Development as 12 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 .6. P:\Agendll5\Houslng Authority\04..0S-t7 Mudowbrook HA a- H.doe .' ,cl 2 '. at the earliest feasible time in order to implement the redevelopment project and commence Project Development. 3 (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 4 5 6 7 8 9 to be acquired by such condemnation proceedings, in such other manner as such interested 10 person(s) may request in writing, subject to the approval of the Authority Executive Director and special legal counsel to the Authority. 11 The Resolution shall become effective immediately upon its adoption. 12 Section 9. C 13 11/ 14 11/ 15 11/ 16 11/ 17 11/ 18 /11 19 11/ 20 11/ 21 22 11/ 23 /11 24 11/ C 25 /11 -7- P:\Agend.5\HOIl5Ing Authorlty\04-05-17 Meadowbrook HA Reso B.doc: 0 2 3 4 5 6 7 8 9 10 11 12 0 13 14 15 16 17 C 25 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 19 20 21 Judith Valles, Chairperson San Bernardino City Housing Authority Approved 22 By: 23 24 -8- P:\Agend..\Houllng Authority\04-0S-17 Mudowbrook HA Reso R.doc