HomeMy WebLinkAboutR41-Economic Development Agency
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SAN BERNARDINO CITY HOUSING AUTHORITY
ORJGI,NAL
FROM: Maggie Pacheco
Deputy Director
SUBJEcr: HEARING - RESOLUTION OF PUBLIC
INTEREST AND NECESSITY FOR
ACQUISITION OF REAL LOCATED AT 123
NORTH SIERRA WAY (APN 0135-292-35),
SAN BERNARDINO, CALIFORNIA
DATE: May 5, 2005
SvnoDsis of Previous Commission/Counell/Committee Aetion(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 of23 single family homes in the area
between Sierra Way and Allen, 2nd Street and Rialto Avenue (Phase I - "Project"), 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 that the Authority could assist the Agency in fulfilIfug 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 Agreement") with Meadowbrook Homes, Inc. for the development of eight (8) more single
JamiJLhomes in the Meadowbrook Area. ____________________
MOTION:
(San Bernardino City Houlin!! AutborItv)
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 (AP# 0135-292-35) IN THE INLAND VALLEY
DEVELOPMENT AGENCY REDEVELOPMENT PROJECT AREA
Contact Person(s):
Project Area( s)
Gary Van Osdel/Maggie Pacheco
IVDA Redevelopment Project Area
Phone:
Ward(s):
(909) 663-1044
1
Supporting Data Attached: 0 Staff Report 0 Resolution(s) 0 Agreement(s)/Contract(s) 0 Map(s) 0 Letters
Approx.
FUNDING REQUIREMENTS Amount: $ 40,000 Source: Agency Low/Mod. Housing Fund
Budget Authority:
SIGNATURE:
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P'lAacndu\llousina Au.hority.o'-05-16 MB 123 Sierra Way HA Sllcloc:
HOUSING AUTHORITY AGENDA
Meeting Date: 05/16/2005
Agenda Item Number: ~
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SAN BERNARDINO CITY HOUSING AUTHORITY
STAFF REPORT
HEARING - RESOLUTION OF PUBLIC INTEREST AND NECESSITY FOR ACQUISITION
OF REAL PROPERTY LOCATED AT 123 NORTH SIERRA WAY (APN 0135-292-35)
SAN BERNARDINO, CALIFORNIA
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 various 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 have occurred between Agency Staff and the
Property Owner, the Authority has 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 the
May 16, 2005 hearing on adopting a Resolution of Public Interest and Necessity was sent by first class
mail to the Property Owner whose name and-address appears on the last equalized county assessment
roll as set forth in the Resolution, in order to afford such Property Owner a reasonable opportunity to
be heard by the Authority. The Hearing for the Owner 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. Moreover, 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. The
following are suggested findings and the supporting facts to be included in the Resolution of
Necessity; although, the Commission may request additional or different facts, at their discretion, to be
included in the Resolution.
1. The DubUc interest and necessity reauires the acquisition of the ProDertv: The Agency and
the Authority have an Agreement to facilitate the development of affordable housing units
within the IVDA Redevelopment Project Area ("Project Area"). Furthermore, to assist in the
implementation of the Agreement, the Agency has entered into a 2005 Agreement with
Meadowbrook Homes, Inc. for the development of affordable housing within the Project Area,
which includes the Property. During the past year, the Agency and the Authority have acquired
several parcels of land within the vicinity of the Property to provide needed affordable housing
units pursuant to the 2005 Agreement.
2. The Proiect is Dlanned or located in a manner that will be most comoatible with the
ereatest DubUc eood and the least Drivate iniurv: The Agency and the Authority have
increased their efforts to address conditions of blight in this area of the Project Area and to
foster the development of affordable housing, increase property values and to prevent the
spread of blight in the Project Area into other surrounding neighborhoods. The Property is
vacant and displays a number of conditions of blight. Redevelopment of the Property will
eliminate blight and provide needed affordable housing in the Project Area.
3. The subiect ProDertv is necessary for the Proiect: The Authority previously acquired
several parcels of real property in the vicinity of the Property and desires to acquire the
Property to provide sufficient contiguous land for the Project. 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 Property included in the Project Area displays a number of
P,\ApdaI\IIousinaAUlhoritylOS-OS-16MB 123 Sierra Way HA SR,oo.:--- -. HOUSING AUTHORITY AGENDA
Meeting Date: 05/1612005
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San Bernardino City Housing Authority Staff Report
Meadowbrook Property Acquisition-APN: 0135-292-39
Page 2
symptoms of blight. The Project shall also facilitate the reuse of an underdeveloped 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 6 7267.2(a) offers have been made to the record Prooertv Owners:
On December 18, 2003, February 20, March 3, and June 7, 2004, the Authority submitted
formal acquisition offers to the Property Owner of the subject Property. The offers comply
with Government Code ~ 7267.2. The Property Owner accepted the offer on June 22, 2004.
On July 30, 2004, escrow was opened with LandAmerica Lawyers Title, however, the sale was
not finalized because of the numerous encumbrances that could not be cleared on the Property
and because the Property Owner made arrangements to sell the Property to Meadowbrook Park
Homes, Inc. directly, the Developer that the Agency/Housing Authority have entered into the
2005 Agreement to develop new single family homes in the area where the Property is located
in. The negotiations between Meadowbrook Park Homes, Inc. and the Property Owner did not
result in a sale. On April 14, 2005, a new offer was sent to the Property Owner and no
response was received to the statutory offer.
ENVIRONMENTAL IMPACT:
The proposed action or Project is exempt from CEQA, pursuant to ~ 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 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. As a result, the Mayor
and Common Council and Community Development Commission adopted a categorically Exempt
determination under the California Enviro~ental Quality Act (CEQA) with a Notice of Exemption
filed with the County Clerk for the Project pursuant to the approved 2005 Meadowbrook Single Family
Residential Development Agreement on January 14, 2005.
FISCAL IMPACT:
The cost of this transaction includes acquisition costs, legal and court costs normally associated with
condemnation proceedings at an estimated cost of $40,000.
Housing Authority adopt the attached Resolution.
HOUSING AUTHORITY AGENDA
Meeting Date: 05/1612005
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RESOLVTIONNO. '-"c'ofY
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
113 NORTH SIERRA WAY, SAN BERNARDINO, CALIFORNIA (API
0135-292-35) IN THE INLAND V ALLEY DEVELOPMENT AGENCY
REDEVELOPMENT PROJECT AREA
WHEREAS, the San Bernardino City Housing Authority (the "Authority"), a public
entity created pursuant to the Housing Authorities Law (Health & Safety Code~34200, et seq.),
is authorized to acquire and redevelop blighted properties located within the City of San
Bernardino, as authorized by the Housing Authorities Law; and
WHEREAS, the Authority authorized the assemblage and acquisition of real property
for future redevelopment of new affordable housing in the Meadowbrook Park Revitalization
Project Area of the Inland Valley Development Agency Redevelopment Area (the "Project
Area") in accordance with the provisions of the Housing Authorities Law; and
WHEREAS, the Authority hired an appraiser to appraise certain Project Area parcels for
acquisition for future development of affordable single family housing within the Project Area
("Project Development") on or about October 6, 2003 and again on March 30, ~OO5; and
WHEREAS, the Authority sent purchase offers to the Property Owner, in an attempt to
purchase the parcels in the Project Area at the appraised value in lieu of condemnation, and the
Authority mailed purchase offers to the Property Owner of the parcel identified by County
Assessor Parcel Number ("APN") 0135-292-35, at 123 North Sierra Way, San Bernardino,
California 92408 ("Property"), within the Project Area, based on the appraised value of the
Property, on December 18, 2003, February 20, and March 3, 2004. On April 23, 2004, the
Authority sent a letter to the Owner regarding the Property Owner hearing scheduled for May
17, 2004, which the Authority authorized proceeding with the condemnation process. On 1une
7, 2004, another Offer to Purchase letter was sent and the Property Owner accepted the
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Authority's offer to purchase on June 22, 2004. On July 30, 2004, escrow was opened with
LandAmerica Lawyers Title, however, the sale was not finalized because of the numerous
encumbrances on the Property and because the Owner made arrangements to sell the Property to
Meadowbrook Park Homes, Inc., the Developer that the Agency/Housing Authority have
entered into the 2005 Agreement to develop new single family homes in the area where the
Property is located in.
WHEREAS, the Property Owners' sale negotiations with Meadowbrook Homes, Inc.
did not result in sale of the Property and it has now become necessary for the Authority to
acquire the Property. On April 14, 2005, another offer to purchase was sent to the Property
Owner and the Authority has not been able to satisfactorily complete a negotiated purchase with
the Property Owner to assemble and acquire the Property described in this Resolution for the
Project Development; and
WHEREAS, the Authority desires to acquire the Property for the Project Development;
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WHEREAS, the assembly and acquisition of the Property for Project Development is
exempt from the requirements of the California Environmental Quality Act of 1970, as
amended, Public Resources Code ~ 21000 et seq. ("CEQA") relative to an environmental
review conducted for such land assembly and acquisition activities of the Authority, according
to 14 California Code of Regulations ~ 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
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quality, or water quality; and (e) the site can be adequately served by all required utilities and
public services; and
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WHEREAS, the Mayor and Common Council and Community Development
2 Commission adopted a categorically Exempt determination under the California Environmental
3 Quality Act (CEQA) with a Notice of Exemption filed with the County Clerk for the project
4 pursuant to the approved 2005 Meadowbrook Single Family Residential Development
5 Agreement on January 14, 2005 for development of new affordable single family housing,
6 includes the following key elements:
7
(i) '. Acquisition of unimproved land identified as the Property within the Project
8 Area; and
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(ii) Construction of affordable infill single family housing within the Project Area.
WHEREAS, the Authority transmitted an offer to purchase the Property situated within
the Project Area, based on the appraised values of such Property, to the Property Owner of the
Property, as more particularly described in this Resolution; and
WHEREAS, the purchase offer mailed to Carlos Dorticos, Owner of the Property, on
April 14, 2005, at the address of record on file at the office of the County Recorder as 6610
Clump Avenue, # 1, North Hollywood, CA 91606, was undelivered and another attempt to
redeliver by the Post Office to a forwarding address at 5117 Coringa Drive, Los Angeles, CA
90042 was unsuccessful. The Post Office returned the undelivered letter to the Agency on April
18,2005; and
WHEREAS, the Property more particularly described in this Resolution is subject to real
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property tax liens for delinquent tax payments and City of San Bernardino liens, that could
20 result in sale of the Property by the County Tax Collector to satisfy delinquent property taxes;
21 and
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WHEREAS, the Authority desires to adopt this Resolution to allow the Authority to
acquire the Property situated within the Project Area by condemnation, if necessary, in lieu of
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24 negotiated purchase; and
25 WHEREAS, on April 25, 2005 notice was mailed to the Property Owner that the
. Authority may adopt a resolution on May 16, 2005, declaring the public interest and necessity
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of acquisition of the Property; and
WHEREAS, on May 16,2005, after not less than fifteen (15) days written notice to the
Property Owner of the Property more particularly described in this Resolution, the Authority
conducted a hearing for the purpose of affording the Property Owner of such Property a
reasonable opportunity to appear and be heard on the matters referred to in Code of Civil
Procedure ~ 1240.030 and whether the Authority has met all other prerequisites for the exercise
ofEminenrDomain to acquire the subject Property, described in this Resolution, for community
redevelopment purposes; and
WHEREAS, the Authority has determined as a result of such hearing on May 16, 2005,
that the public health, safety and welfare require the Authority to acquire the subject Property,
as more particularly described below in this Resolution, for community redevelopment
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purposes.
NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND ORDERED
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_ 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.
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Section 2.
The Property to be acquired under the authority of this Resolution,
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located at 123 North Sierra Way, in the Project Area in the City of San Bernardino, California
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92408. The Property is more particularly described in the legal description attached as Exhibit
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"A." The interest in the Property to be acquired consists of all of the fee simple absolute title
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interest in the Property, and all of the right, title, and interest of each person and owner of the
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Property including the acquisition of each and every possessory interest and all easements and
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appurtenances to the Property.
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Section 3.
The Authority transmitted a notice of hearing to the known Property
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Owner of record, on April 25, 2005 by mail as follows:
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Carlos Dorticos, the owner of record of the Property was notified at the address of
record on file at the office of the County Recorder at 6610 Clump Avenue, # I, North
Hollywood, CA. 91606, 5117 Coringa Drive, Los Angeles, CA 90042 and 714 South Main
Street, Santa Ana, CA 92701. 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 Property, staff reports, and oral reports and information submitted to the
Authority during the course of the hearing conducted on May 16,2005.
Section S. The Authority finds and determines that the hearing conducted by the
Authority on this matter on May 16,2005, 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 Property, 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 Property, 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 Property 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 of the Property 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:
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(a) The public interest, convenience, and necessity require the acquisition of the
Property for the Project Development, which is necessary to alleviate conditions of blight in the
Project Area and to provide for the orderly redevelopment of the Property and other real
property included in the Project Area. The assembly and redevelopment of the Property
included in the Project Area, is necessary as the Project Area displays a number of conditions of
blight inclu<!ing the presence of old structures that show signs of dilapidation and deterioration,
small lot configurations within the Project Area, including the subject Property, prevent or
substantially hinder the economically viable use of such real property in their present condition
and City zoning classification. Redevelopment of the Property as affordable intill 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 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 Property included
in the Project Area displays a number of symptoms of blight, and the Project Development shall
also facilitate land assembly and reuse of a developed urban area that has stagnated in recent
years under the burden of small lot size, diverse ownership, property tax liens, and inadequate
public improvements. The Project Development shall also confer substantial environmental
benefits upon the Project Area and the c~mmunity generally, in accordance with the General
Plan of the City.
(c) The Property described in this Resolution is necessary for the Project
Development, as its acquisition and reuse for affordable housing purposes is part of an
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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 ~ 7267.2 has been mailed to
the Property Owner of record of the Property by the Authority, and the Authority has not been
successful in negotiating a purchase of the Property with such Property Owner based upon such
offer of the .Authority on terms that are acceptable to the Property Owner of the Property.
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 Property. 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
Property 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
of the Property by Eminent Domain shall accompany the filing of an application for
prejudgment possession of the Property 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 Property to be acquired by such condemnation proceedings, in such other manner
as such interested person(s) may request in writing, subject to the approval of the Authority
Executive Director and special legal counsel to the Authority.
Section 9. The Resolution shall become effective immediately upon its adoption.
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....UTION OF THE SAN BERNARDINO CITY HOUSING
dORITY DECLARING THE PUBLIC INTEREST AND NECESSITY
ACQUISITION OF REAL PROPERTY BY THE SAN BERNARDINO
JTY HOUSING AUTHORITY OVER mE PROPERTY LOCATED AT
123 NORm SIERRA WAY, SAN BERNARDINO, CALIFORNIA (AP#
0135-292-35) IN THE INLAND VALLEY DEVELOPMENT AGENCY
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
, 2005, by the following vote to wit:
meeting
Navs
Abstain
Absent
17
Secretary, San Bernardino City Housing
Authority
18
The foregoing resolution is hereby approved this
day of
, 2005.
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22 Approved as to Form and Legal Content:
Judith Valles, Chairperson
San Bernardino City Housing Authority
By:
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Exhibit "'Au
All that certain real property situated In the County of San Bernardino, state
of California, described as follows:
The West 100 feet ot Lot 3, Block A, of Daley Tract, In the City of San
Bernardino, County of San Bernardino, State of California, as per map
recorded -In Book 6, Page 34, of Maps, Inthe;Omce of the County Recorder
of said County.
Assessor's Pal"Clll Number: 02.35-212-35
.
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
M<<Jing D.", (Do'" ^,:"'d), ~ Item # I<. 'i I R,,,,lutinn # SI3I1 A Ol /:l) y at
Vote: AyesJa Nays Abstain Absentj::;J-
Change to motion to amend original documents 0 Companion Resolutions
Null/Void After: days /
Resolution # On Attachments: 0 Note on Resolution of attachment stored separately: 0
PUBLISH 0
POST 0
RECORD W/COUNTY 0
By:
"j
:1
,.-.
Reso. Log Updated: 0
Seal Impressed: 0
Reso. # on Staff Report 0
Date Sent to Mayor:
Date of Mayor's Signature:
Date of Clerk/CDC Signature:
Date Memo/Letter Sent for Signature:
1st Reminder Letter Sent:
Date Returned:
2nd Reminder Letter Sent:
Not Returned: 0
I
t,:j
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 EDA 0 Information Services 0
~ City Administrator 0 Facilities 0 Parks & Recreation 0
City Attorney 0 Finance 0 Police Department 0
Code Compliance 0 Fire Department 0 Public Services 0
Development Services 0 Human Resources 0 Water Department 0
Others:
Notes:
Ready to File: _ Date:
Revised 12/18/03