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HomeMy WebLinkAboutR26-Economic Development Agency ECONOMIC DEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND SAN BERNARDINO CITY HOUSING AUTHORITY ORIGINAL FROM: Maggie Pacheco Deputy Director SUBJECT: Property Owner Participation Agreement (OP A) - Meadowbrook Park Revitalization Area and Resolution Rescinding SBHA 2005-03 Resolution of Public Interest and Necessity of Acquisition of Real Property located at the northwest corner of Allen Street and Rialto Avenue, San Bernardino, California DATE: September 9, 2005 ___U_n____n___________h__________________n_n_u_~_________________n_n_n_n_n____________n_h_n_n_n_________n_n_n_n_n_n________________._________n__________________._____.n____________________._______ Svnopsis of Previous Commission/Council/Committee Action(s): On February 3, 2003, the Community Development Commission approved the Single Fami]y 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, 2nd Street and Rialto Avenue (Phase I - "Project"), commonly referred to as the Meadowbrook Area. On May] 7, 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 fu]filling 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 family homes in the Meadowbrook Area. Recommended Motion(s): (Community Development Commission) A: Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Executive Director of the Redeyelopment Agency of the City of San Bernardino ("Agency") to execute the 2005 Property Owner Participation Agreement by and between the Redevelopment Agency of the City of San Bernardino and Bonnie S. Johnson ("Owner") for the development of three (3) single family homes on the property located on the northwest corner of Allen Street and Rialto Avenue (APN: 0]35-292-39) ("Property") (Meadowbrook Park Revitalization Area) (San Bernardino City Housinl! Authority) B: Resolution of the San Bernardino City Housing Authority making certain findings with respect to the use of certain Property for residential development in the Meadowbrook Park Revitalization Area and rescinding Housing Authority Resolution No. SBHA 2005-03 adopted June 20, 2005 related to the land located at the northwest corner of Allen Street and Rialto Avenue, San Bernardino, California, APN 0135-292-39 ("Property") Contact Person(s): Gary Van asdel/Maggie Pacheco IVDA Redevelopment Project Area Phone: (909) 663-] 044 Project Area(s) Ward(s): Supporting Data Attached: FUNDING REQU]REMENTS III Staff Report III Resolution(s) III Agreement(s)/Contract(s) III Map(s) D Letters Amount: $ N/A Source: Budget Authority: , SIGNATURE: f:!vc ::ft. RJ~) /0/:/ os-' Agel ECONOMIC DEVELOPMENT AGENCY STAFF REPORT PROPERTY OWNER PARTICIPATION AGREEMENT (OPA) MEADOWBROOK PARK REVITALIZATION AREA AND RESOLUTION RESCINDING SBHA 2005-03 RESOLUTION OF PUBLIC INTEREST AND NECESSITY OF ACQUISITION OF REAL PROPERTY LOCATED AT THE NORTHWEST CORNER OF ALLEN STREET AND RIAL TO AVENUE, SAN BERNARDINO, CALIFORNIA BACKGROUND/CURRENT ISSUE: On January 3, 2003, the Community Development Commission approved the Meadowbrook Single Family Residential Development Grant Agreement with ANR Industries, Inc. (ANR), for the development of twenty-three (23) new single-family homes (Phase I). ANR has since completed the construction, sold nineteen (19) new homes and acquired more properties for development in the area bounded by Sierra Way, Waterman Avenue, 2nd Street, and Rialto Avenue ("Target Area"). With the assistance from the Agency and Housing Authority, Meadowbrook Park Homes, Inc. (a subsidiary of ANR Industries, Inc.) has acquired additional properties for the Phase lA, development of eight (8) additional new homes, under the 2005 Meadowbrook Single Family Residential Development Agreement approved by the Community Development Commission on January 10, 2005. On February 2, 2004, the Community Development Commission and the Housing Authority directed Agency Staff to proceed with the acquisition of various properties located within the Target Area. Offers to acquire were sent out to property owners after the appraised value of each property was determined. Bonnie S. Johnson, Owner of the vacant property located on the northwest comer of Allen Street and Rialto A venue ("Property") (See attached map 1) elected not too sell the Property to the Agency, but rather undertake the development of her Property. As a compromise, on April 22, 2005, Staff sent a Property Owner Participation Agreement (OPA) for execution by the Owner to allow for the development of the Property in lieu of the Housing Authority exercising its powers of condemnation. The Owner did not return an executed OP A to Agency Staff. On June 20, 2005, the San Bernardino City Housing Authority adopted Resolution 2005-03, a Resolution of Public Interest and Necessity to proceed with condemnation within 30 days from the date of the adoption of said Resolution, relative to the property located at the northwest comer of Allen and Riaito (the "Property") in order to give Staff and the Owner, Ms. Bonnie Johnson an opportunity to work out the terms and conditions of an Owner Participation Agreement. Should the Owner execute the Property Owner Participation Agreement (OPA), then the Agency would delay taking any further condemnation action until the terms and conditions of the OP A were met by the Owner. Although the Owner did not sign the OP A exactly within the 30 days, the Owner did finally agree to the terms and conditions of the OPA and executed said OPA on July 26,2005. By executing the OP A, the Owner has agreed to comply with the development design standards approved for the Target Area by the Planning Commission as per the schedule in the OPA. The proposed three (3) single family homes must each be at least 1,500 square feet in size with three (3) bedrooms and two (2) baths with an attached garage similar to ANR's Plan C Spanish and Craftsman's development style (See attached) ("Project"). The OPA requires that Ms. Johnson, at her expense, procure appropriate plans for construction for the Project within three (3) months of the execution of an OPA; obtain all necessary P\Agendas\Housing Authority\05-09-19 JohnSOll OPA & Rescinding Reso SR. doc COMMISSION MEETING AGENDA Meeting Date: 09/19/2005 t);)U Agenda Item Number: ~ Economic Development Agency Staff Report Johnson OPA and Rescinding Resolution Page 2 permits and authorizations to proceed with construction from the City within six (6) months; commence construction of the Project within nine (9) months; and complete the construction of the Project per City zoning and building regulations; last but not least, Ms. Johnson, must sell the Project to Homebuyers that commit in writing, to live in the home as their primary residence no later than eighteen (18) months from the effective date of the OP A. Should Ms. Johnson fail to comply with the provisions of the OP A, the Agency will retain its legal right to exercise its' power of condemnation pursuant to the terms of the Cooperation Agreement between the Agency and the Housing Authority. Since Ms. Johnson has executed the OPA, the Resolution No. SBHA 2005-03 adopted on June 20, 2005 is no longer needed and it is recommended that the resolution be rescinded. ENVIRONMENTAL IMP ACT: The proposed OP A and Rescinding Resolution described above are categorically exempt under the California Environmental Quality Act ("CEQA"), Section 15332, Class 32. The OPA requires the Owner to develop three infill housing units where the Property enjoys full utility services, abuts a dedicated and fully improved public street. The development of the infill homes will be consistent with the City's General Plan and Zoning. Accordingly, a Notice of Exemption for the infill homes under CEQA Section 15332, Class 32 will be filed with the County Clerk. FISCAL IMPACT: There is no fiscal impact to the Housing Authority as a result of this action, the Owner is responsible for the construction cost of developing the three (3) single family homes. RECOMMENDATION: That the Community Development Commission and the San Bernardino City Housing Authority adopt the attached Resolutions. P:\Agendas\Housing Authorily\05-09-19 Johnson OPA & Rescinding Rcso SR,doc COMMISSION MEETING AGENDA Meeting Date: 09/19/2005 Agenda Item Number: J(-;l Lf (J)OJ:b 00.. ,,0.. ,.... CXJ-= .. (J.IO ~<.n;} o Q."1l3:: -.Q Q "OO"t> 0.. 01\) g\D " -< ~~~ S '-.j~ y)::lJ g-~~ a ~ ",~,.r.;>o:,tf)_ 0>".',>>",'0>9" r:;:a.,. ",..: San Bernardino, CA, 2004-2005 - 0135-292-39-0000, ALLEN, SAN BERNARDINO CA, Sheet: 1 of 1 ,_. U_____! "" )> '" '" .... ~ "" '" <.n o I l/) ""'i iil "' ""'i 82..5' ~. ALLEN o /@, WAY " 2: C) o ~ "' .:5 ~ J <'U/I 1/:'.r I ~ 'j..,@'!-- 'f-8'f. I , I I I I 'f-@'f-- 'f.@'k. I : I - I &) I ... .~~{Q\ , 'l... '" :Q I I " @ ... ... 8 t , .. rID .. co @ '" @ ... ... @ .. @ .. <; @ ... @ ... - @ .. - CID !!! iO e - "" @ ... .. @ 0 @ N . @ ... , @ .. u; @ co ~ .. ;;; @ .. @ .. ~ @ .. q @ .. ;;; @ ~ '" 'a@~ .. ~ .. ."" I '" iO .. , ... .. 0 I @~ , I @ @ @ , ~ I ",s' I ~S' +s' 6" l/) il "' "' ""'i 60 STREET ~ "', '@I ~ ~, "so' '" " 0. l/) il "' "' ""'i 80' I ___is':.; o. o cOliN7',.. \~~llttl 0,0(> ;;;:#:"'\.~ ",..._~.~:z ~ 7'1f11,*~ .."'~ O""QlI.'4~ @ ~ ~t:7 . Q <liar ''ioi: to "":;I Q o .... cID (J) -...rc;tg 2" OJ N.::o.. o ~ -" '" 0 a. :b -. ~~ o o ~ ~ c.n I I\) <.0 - RESOLUTION NO. t(Q)~lf' 2 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") TO EXECUTE THE 2005 PROPERTY OWNER PARTICIPATION AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND BONNIE S. JOHNSON ("OWNER") FOR THE DEVELOPMENT OF THREE (3) SINGLE FAMILY HOMES ON THE PROPERTY LOCATED ON THE NORTHWEST CORNER OF ALLEN STREET AND RIAL TO A VENUE (APN: 0135-292-39) ("PROPERTY") (MEADOWBROOK PARK REVITALIZATION AREA) 3 4 5 6 7 8 9 WHEREAS, on January 3, 2003, the Community Development Commission approved the Meadowbrook Single Family Residential Grant Agreement ("2003 Agreement") with ANR Industries Inc., ("Developer") for the development of twenty-three (23) new single family 10 11 12 homes for sale and occupancy by homebuyers ("New Homes"); and 13 WHEREAS, ANR Industries Inc., through its subsidiary Meadowbrook Park Homes 14 Inc., ("Developer") have constructed and sold the New Homes in fulfilling its obligation under IS the approved Meadowbrook Single Family Residential Grant Agreement; and WHEREAS, on January 10,2005, the Community Development Commission approved the 2005 Meadowbrook Single Family Development Agre~ment with the Developer ("Agreement") for the development of eight (8) additional new homes for sale and occupancy by homebuyers; and WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency") has embarked on a program to acquire properties in the Meadowbrook Park Revitalization Area in order to prevent and eliminate the spread of blight and provide for the expansion of the community's supply of affordable housing for persons and families of low and moderate income and to provide for the relocation of persons and households occupying substandard dwelling 16 17 18 19 20 21 22 23 24 units into safe, sanitary and decent housing; and 25 WHEREAS, the Agency has identified certain properties for acquisition and assembly for future development of affordable infill housing within the Meadowbrook Park Revitalization -1- r:\Alendas\RttloluliGpJ\ResolutionsIJ005\05-09-19 Jobsoll orA CDC Rtso.doc 2 3 4 5 6 7 8 9 10 II 12 13 14 IS Area, which would include acquisition by exercising the power of condemnation pursuant to the Eminent Domain Law, Code ofCiv. Proc. Section 1230.010 et seq.; and WHEREAS, Bonnie S. Johnson is the owner (the "Owner") of the property located on the northwest comer of Allen Street and Rialto Avenue, (APN: 0135-292-39) (the "Property") is among the properties identified for possible acquisition and the Owner has represented to the Agency that in lieu of the Agency, through the San Bernardino City Housing Authority, exercising the powers of condemnation pursuant to Eminent Domain Law, the Owner shall construct or caused to be constructed, three (3) single family homes which shall be owned and occupied by purchasers who agree in writing to occupy the Property as their primary residence; and 16 WHEREAS, the Agency and the Owner are amenable to entering into the Property Owner Participation Agreement (OP A) to set forth the respective duties of the parties regarding the development of the Property by the Owner in compliance with the approved Design Standards and Schedule of Performance specified in the OP A. NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS FOLLOWS: Section 1. The Community Development Commission hereby approves the 2005 Property Owner Participation Agreement ("Agreement") with Bonnie S. Johnson for the Meadowbrook Park Revitalization Area in the form as presented at the meeting of the Commission at which this Resolution is adopted and hereby authorizes the Executive Director to execute the Agreement on behalf of the Agency. Section 2. The Community Development Commission hereby find and determine that the environmental review of the OP A contemplated hereunder is "categorically exempt" for the reasons indicated in the Staff Report. No potentially adverse environmental effects are anticipated to be associated with the OP A based upon its own independent review of the information provided to the Community Development Commission regarding the OP A, and the 17 18 19 20 21 22 23 24 25 -2- P:\AIIDda.\Rnelutiou\RelOlutloa.\J.OO5\OS-O"'19 J.b,n orA CDC Rne.doc 2 3 4 5 6 Community Development Commission hereby authorizes the filing of a Notice of Exemption under CEQA Section 15332, Class 32. Section 3. The Executive Director of the Agency is hereby authorized to make minor corrections, additions, clarifications, interpretations to the Agreement, provided said changes are not substantive in nature, do not increase the monetary impact to the Agency, if applicable, and are consented to by Agency Counsel. The Resolution shall become effective immediately upon its adoption. Section 4. 7 III 8 III 9 III 10 III II III 12 III 13 III 14 III 15 III 16 III 17 III 18 III 19 III 20 III 21 III III 22 /II 23 III 24 III 25 /II -3- P:\Accndas\Rnolutionl\ResoIQlions\2005\OS-09.19 JohnlOn orA CDC RelO.doc 2 3 4 5 6 7 8 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") TO EXECUTE THE 2005 PROPERTY OWNER PARTICIPATION AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND BONNIE S. JOHNSON ("OWNER") FOR THE DEVELOPMENT OF THREE (3) SINGLE FAMILY HOMES ON THE PROPERTY LOCATED ON THE NORTHWEST CORNER OF ALLEN STREET AND RIALTO AVENUE (APN: 0135-292-39) ("PROPERTY") (MEADOWBROOK PARK REVITALIZATION AREA) I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the 9 Community Development Commission of the City of San Bernardino at a 10 meeting thereof, held on the day of 11 Commission Members: Aves Navs ESTRADA 12 LONGVILLE 13 MCGINNIS 14 DERRY 15 KELLEY 16 JOHNSON 17 MC CAMMACK 18 , 2005, by the following vote to wit: Abstain Absent Secretary 19 20 The foregoing resolution is hereby approved this 21 22 day of ,2005. Judith Valles, Chairperson Community Development Commission of the City of San Bernardino 23 24 Approved as to form and Legal Content: 25 By: t2 . .' . I ' . . , i;;'~J?i_/<;"u/'_,; .. 1_~..i~: : it, _ .-~.;.) :-.:-,~~' -' ': V ..,.~ :'1".,,; .. 1'"_ "". ,..,J- r,,., ' l.<..,.i Agency GEunsel -4- r:lAj:.aduIKao_.,IoIlSlZ005105.119-\, J....... orA CDC I1tro.do< RESOLUTION NO. 2 RESOLUTION OF THE SAN BERNARDINO CITY HOUSING AUTHORITY MAKING CERTAIN FINDINGS WITH RESPECT TO THE USE OF CERTAIN PROPERTY FOR RESIDENTIAL DEVELOPMENT IN THE MEADOWBROOK PARK REVITALIZATION AREA AND RESCINDING HOUSING AUTHORITY RESOLUTION NO. SBHA 2005-03 ADOPTED JUNE 20,2005 RELATED TO THE LAND LOCATED AT THE NORTHWEST CORNER OF ALLEN STREET AND RIAL TO AVENUE, SAN BERNARDINO, CALIFORNIA, APN 0135-292-39 ("PROPERTY") 3 4 5 6 7 WHEREAS, the San Bernardino City Housing Authority, a public body corporate an politic (the "Authority") has previously adopted Resolution No. SBHA 2005-03, dated June 20 2005 entitled: 8 9 10 "Resolution of the San Bernardino City Housing Authority declaring the public 11 interest and necessity of acquisition of real property by the San Bernardino 12 City Housing Authority over the property located at the northwest comer of Allen 13 Street and Rialto Avenue, San Bernardino, California (APN# 0135-292-39) in the 14 Inland Valley Development Agency Redevelopment Project Area"; and 15 WHEREAS, the Authority's Resolution No. SBHA 2005-03 affects the property locate 16 at the northwest comer of Allen Street and Rialto A venue, San Bernardino, California (th 17 "Property"); and 18 WHEREAS, soon after the Authority adopted Resolution No. SBHA 2005-03, Bonnie S 19 Johnson (the "Property Owner") executed the 2005 Property Owner Participation Agreemen 20 (OPA) by and between the Redevelopment Agency of the City of San Bernardino (th 21 "Agency") and Property Owner indicating a desire to develop three (3) single family home 22 ("Homes") on the Property and that the Homes will be constructed in conformance with the Cit 23 guidelines set forth in the Development Permit III No. 03-34 as previously approved by th 24 Planning Commission on November 18, 2003 for the Meadowbrook Park Revitalization Area. 25 and 4835-6121-9072.1 P \.Aamdu\Hol,lsina AlIlhority\05-0Q-19 RCS(inding B.Johnson Reso,doc -1- WHEREAS, Meadowbrook Park Homes, Inc. (the "Developer") and the Redevelopmen 2 Agency of the City of San Bernardino (the "Agency") have previously entered into an agreemen 3 entitled "2005 Meadowbrook Single Family Residential Development Agreemen 4 (Meadowbrook Neighborhood Restoration Area)", dated as of January 10, 2005 (the "200 5 Meadowbrook Agreement"), pursuant to which Developer agreed to undertake construction an 6 development of new single family homes within the area described in the 2005 Meadowbroo 7 Agreement as the "Meadowbrook Neighborhood Revitalization Area"; and 8 WHEREAS, the Property is situated in the Meadowbrook Neighborhood Revitalizatio 9 Area and the Property Owner has agreed to develop three (3) new single family homes for sal 10 and occupancy by homeowners (the "Project") and to compliment the efforts of the Agency t 11 eliminate conditions of blight in the Meadowbrook Neighborhood Revitalization Area. 12 NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND ORDERED 13 BY THE SAN BERNARDINO CITY HOUSING AUTHORITY, AS FOLLOWS: Section 1. The Authority hereby acknowledges receipt of the 2005 Property Owner 14 15 Participation Agreement (OPA) by and between the Agency and Bonnie S. Johnson (dated July 16 26,2005) as it relates to the development of the Property. Section 2. The Authority hereby finds and determines that the construction of the 17 18 Project on the Property by the Property Owner and the sale of the Project by the Property 19 Owner to homebuyers will substantially promote the goals and objectives of the Agency and 20 the Authority in achieving the redevelopment of the Meadowbrook Neighborhood 21 Revitalization Area, which shall increase the supply of new single family homes in the 22 community and shall promote new home ownership in the Meadowbrook Park Neighborhood 23 Revitalization Area by all economic segments of the community. In view of the foregoing. the 24 Authority further finds and determines that its actions to acquire the Property are no longer 25 necessary, provided that the Property Owner causes the Property to be improved in compliance 4835.6121.9072.1 P-\AJmdas\Housan,. AUlhority\OS-09-19 Rescinciina 8_Johnson Reso doc -2- with the terms of the OP A. 2 Section 3. The Authority hereby rescinds Resolution No. SBHA 2005-03 and 3 declares that such resolution is of no further force and effect. No further proceedings for the 4 acquisition of the Property by the Authority shall be taken pursuant to Authority Resolution No. 5 SBHA 2005-03, or other previous direction of the Authority; provided, however, that the 6 rescission of Authority Resolution No. SBHA 2005-03 shall be without prejudice to prospective 7 actions of the Authority in the event that the Property may not hereafter be improved and 8 offered for sale as three (3) new single-family homes within the period of time stated in the 9 OPA. 10 Section 4. The Authority hereby find and determine that the environmental review 11 of the OP A and the Rescinding Resolution contemplated hereunder is "categorically exempt" 12 for the reasons indicated in the Staff Report. No potentially adverse environmental effects are 13 anticipated to be associated with the OP A and Rescinding Resolution based upon its own 14 independent review of the information provided to the Authority regarding the OPA and Res,cinding Resolution, and the Authority hereby authorizes the filing of a Notice of Exemption under CEQA Section 15332, Class 32 relating to the OPA and Rescinding Resolution. 15 16 17 Section 5. 18 III 19 III 20 III 21 III 22 23 III 24 III 25 III The Resolution shall become effective immediately upon its adoption. 4835-6121-9072.1 P;\Agendas\Housing Authority\05-09-19 Rescinding BJohnson Rcso.doc -3- 2 RESOLUTION OF THE SAN BERNARDINO CITY HOUSING AUTHORITY MAKING CERTAIN FINDINGS WITH RESPECT TO THE USE OF CERTAIN PROPERTY FOR RESIDENTIAL DEVELOPMENT IN THE MEADOWBROOK PARK REVITALIZATION AREA AND RESCINDING HOUSING AUTHORITY RESOLUTION NO. SBHA 2005-03 ADOPTED JUNE 20, 2005 RELATED TO THE LAND LOCATED AT THE NORTHWEST CORNER OF ALLEN STREET AND RIAL TO AVENUE, SAN BERNARDINO, CALIFORNIA, APN 0135-292-39 ("PROPERTY") 3 4 5 6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the S 7 Bernardino City Housing Authority at a meeting thereof, held on the _ da 8 of 9 Commissioners: 10 ESTRADA 11 LONGVILLE 12 MCGINNIS 13 DERRY 14 KELLEY 15 JOHNSON 16 MC CAMMACK 17 18 19 , 2005, by the following vote to wit: Abstain Absent Nays Ayes 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 24 Approved as to form and Legal Content: 25 .'.. J-,.,./ t-~/.,,;.'.fA..~: J.. ',"" " . "./ ..~, ..;f Authority Legal Counsel .;: if, By: 4835-6121-9072.1 P-\Agc'Ildas\Housing Aulhorily\05-09-19 Rescinding BJolmson R($O doc -4- REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO 2005 PROPERTY OWNER PARTICIPATION AGREEMENT (Johnson et al.) THIS 2005 PROPERTY OWNER P ARTICIP ATION AGREEMENT (the "Agreement") is dated as of July 26,2005, by and among Bonnie S. Johnson (the "Owner") and the Redevelopment Agency of the City of San Bernardino, a public body corporate and politic (the "Agency"), and this Agreement is entered into with respect to the following facts: RECITALS WHEREAS, the Owner owns the land (APN: 0135-292-39) situated on the northwest corner of Allen Street and Rialto A venue, San Bernardino, California 92408 (the "Property"). The general location of the Property is shown on a vicinity map and legal description attached as Exhibit "A" and is incorporated by this reference; and WHEREAS, the Agency is in the process ofidentifying certain properties for acquisition and assembly for the future development of affordable infill housing in the Meadowbrook Park Revitalization Project Area within the Inland Valley Development Agency ("IVDA") Redevelopment Project Area in order to help eradicate blight and provide needed affordable housing, which could include acquisition by exercise of the power of condemnation pursuant to the Eminent Domain Law, Code ofCiv. Proc. Section 1230.010 et seq.; and WHEREAS, the Agency is interested in including the Property as part of the aforementioned infill housing project development; and WHEREAS, the Owner has represented to the Agency that, in lieu ofthe Agency exercising the powers of condemnation pursuant to the Eminent Domain Law, the Owner shall construct, or cause to be constructed, three (3) single family homes (SFR) to be owned and occupied by the purchasers; and WHEREAS, the Agency and the Owner (the Agency and the Owner are sometimes referred to herein as the "Parties") are amenable to entering into this Agreement to set forth the respective duties of the Parties regarding the development ofthe Property by the Owner in lieu of condemnation of the Property by the Agency. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES AND COVENANTS OF THE PARTIES, THE OWNER FOR THEMSELVES AND THEIR SUCCESSORS AND ASSIGNS, AND THE AGENCY FOR ITSELF AND ITS SUCCESSORS AND ASSIGNS, AGREE: 4822-2026-7776.1 PI \Clerical Services Dept\Nasana\Acquhitions\Meadowbrook (Blue) \~005\05-0t-19 Owner Participation AgreelDent-8.John_on.doc I Section 1. Recitals. The matters set forth in the Recitals ofthis Agreement are true and correct and are material elements to the fonnation of this Agreement. Section 2. Effective Date of Allreement. This Agreement shall take effect following its approval by the Agency and execution by the parties. Section 3. Covenant of the Owner to Construct Sinllle Familv Residential Units ("SFR") on the Property. Subject to the tenns of this Agreement, the Owner covenant and agree as follows: (a) Within three (3) months of the Effective Date of this Agreement, the Owner shall have, at the Owner' sole cost and expense, procured appropriate plans for the construction and installation of up to three (3) SFR units each with three (3) bedrooms, two (2) bathrooms and a two (2) car garage in confonnance with the approved DP III No. 03-34 (Exhibit "C") on the Property to be sold for occupancy by the purchasers or owner occupants (the "Plans"). The Plans shall be subject to the review and written approval of the Agency; (b) Within six (6) months of the Effective Date of this Agreement, the Owner shall, at the Owner' sole cost and expense, obtain all necessary pennits and authorizations to proceed with the construction and installation of the SFR units on the Property from the City and/or any other agency having jurisdiction over the construction and development of the Property; (c) Within nine (9) months of the Effective Date of this Agreement, the Owner shall have commenced, construction of the SFR units on the Property; (d) Within eighteen (18) months of the Effective Date of this Agreement, and in consideration of the Agency's agreement not to exercise its power of condemnation of the Property, the Owner shall construct and complete at the Owner' sole cost and expense, three (3) single family residences on the Property, in accordance with all applicable zoning and building regulations of the City; (e) The Owner agrees to allow the Agency or its agents upon prior notice at reasonable times to inspect 1) the building plans for the construction of the SFR units on the Property and 2) the progress of construction of the SFR units on the Property to ensure that the construction and installation of the SFR units on the Property is occurring on a timely schedule and to the reasonable satisfaction of the Agency. (f) The Owner agrees that the completed SFR units will be sold only to purchasers that promises in writing to occupy the SFR units as their primary residence. The Owner agree that the Property shall not be rented, and that no person shall occupy the SFR units, prior to sale to a purchaser that intends to occupy the SFR as a primary residence. 4822-2026-7776.1 PI \Clerical Service. Dept \Nanna \ACquiaitionll\Meaclowbrook (Blue) \4:005 \OS - 04 -19 Owner PArticipation Agre~nt - B. JoMlMm.cioc 2 Section 4. Al!:encv Not to Request or Assist Rousinl!: Authority to Acquire PropertY. As the sole, exclusive and complete consideration for the Owner' covenants and performance obligations as described in Section 3, the Agency agrees that for the period described in Section 3(d), above, the Agency shall not request, authorize or assist the Housing Authority to commence proceedings to acquire the Property by way of the exercise of condemnation powers of the Housing Authority for affordable housing development and operation purposes pursuant to the Eminent Domain Law, CodeofCiv. Proc. Section 1230.010 et~. TheAgencyherebyacknowledgesthatin the event of a default on the part of the Owner with respect to any of the provisions described in Section 3, the Agency may exercise any lawful remedies on its part, including, but not limited to, the acquisition of the Property by eminent domain. Section 5. Defaults and Breach - General. Failure or delay by either party to perform any material term or provision of Section 3 and Section 4 of this Agreement shall constitute a default under this Agreement; provided however, that ifthe party who is otherwise claimed to be in default by the other party under Section 3 or Section 4 of this Agreement commences to cure, correct or remedy the alleged default within thirty (30) calendar days after receipt of written notice specifying such default and shall diligently complete such cure, correction or remedy, such party shall not be deemed to be in default. The party that claims a default has occurred shall give written notice of default to the party in default, specifying the alleged default. Delay in giving such notice shall not constitute a waiver of any default nor shall it change the time of default; provided, however, the injured party shall have no right to exercise any remedy for a default without delivering the written default notice. Any failure to delay by a party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any rights or remedies associated with a default. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. In the event that a default of either party may remain uncured for more than thirty (30) calendar days following written notice, as provided above, a "breach" shall be deemed to have occurred. In the event of a breach, the party who is not in default shall be entitled to seek any appropriate remedy or damages by initiating legal proceedings. Section 6. Covenants Runninl!: With the Land. The provisions of this Agreement shall be covenants that run with the land and the Property for a term of twenty four (24) months from the date of approval of this Agreement by motion or resolution of the Agency, as applicable. This Agreement is expressly declared by the parties to be for the benefit of the Property and the IVDA Redevelopment Project Area. 4822-2026-7776.1 PI\Cle~ic.l Service. Dept\w...na\Acquieition8\Meadowbl"ook IBlue}\:2005\05-04-19 Owner Participation Agreement-B.John8on.doc 3 Section 7. Termination of Ae:reement. (a) Provided that the Owner is not in default under the Agreement, the Owner may jointly terminate this Agreement at hislher discretion for any reason within the first nine (9) months following the effective date and before the commencement of construction of the improvements of the SFR units on the Property, as provided in Section 3, by serving written notice of termination of the Agreement to the Agency which specifically refers to this Section 7 (a) of the Agreement. Upon receipt by the Agency of such written notice of termination, and provided the Owner is not then in default, the Parties shall be mutually released from any further obligation that arises under this Agreement and the Agency shall have the discretion to cause the Property to be redeveloped for affordable housing purposes by other applicable law. (b) The Agency may terminate this Agreement at its discretion upon serving written notice of termination of the Agreement to the Owner that specifically refers to this Section 7(b) of the Agreement, in the event that the construction of the SFR on the Property has not been timely commenced for any reason within nine (9) months following the approval of this Agreement by the Agency. Upon receipt by the Owner of such written notice of termination, the Parties shall be mutually released from any further obligation that arises under this Agreement and provided the Owner is not then in default, the Parties shall be mutually released from any further obligation that arises under this Agreement and the Agency shall have the discretion to cause the Property to be redeveloped for affordable housing purposes by other applicable law. Section 8. Representations and Warranties of the Owner. The Owner makes the following representations and warranties to the Agency and the Owner acknowledges that execution of this Agreement by the Agency is made in material reliance by the Agency on such representations and warranties: (I) Owner has the legal right, power and Agency to enter into this Agreement, and the instruments and documents referenced herein and the Owner has taken all requisite action and obtained all requisite consents in connection with entering into this Agreement; (2) This Agreement has been duly executed by the Owner and shall be enforceable in accordance with its terms; (3) Execution of this Agreement shall not result in a breach of, nor constitute a default under any other agreement, document, instrument or other obligation to which the Owner is a party, or under law, statute, ordinance, rule, governmental regulation or any writ, injunction, order or decree of any court or governmental body applicable to the Owner, or any of them, or to the Property; (4) Owner jointly owns the fee title interest in the Property, subject only to the matters of record disclosed to the Agency; 4822.2026-1776.1 PI\Clerical Servicu Dept\w..ana\Acquidtiona\Meadowbrook (Blue) \2005\05-04-19 Owner participation Agree.ent.B.Johnaon.cioc 4 (5) Owner has the funds available to them to undertake the construction and installation of the SFR on the Property; (6) Owner shall carry out the construction of all improvements on the Property in conformity with all applicable laws, zoning ordinances and building codes; and (7) Owner shall, at their own cost and expense, secure or shall cause to be secured, any and all permits that may be required by the City or any other governmental entity having jurisdiction over the construction ofSFR units on the Property. Section 9. Owner Indemnitv. The Owner agrees to indemnify and hold the Agency, its officials, officers, attorneys, employees and agents, harmless from and against all damages, judgments, costs, expenses and attorney's fees arising from or related to any act or omission of the Owner, or any of them, in perfonning their obligations hereunder. The Agency shall give the Owner a written notice of the occurrence of a claim, litigation or other matters for which the Agency may seek indemnity under this Section 9 as promptly as practicable following the Agency's knowledge of the occurrence of such matter, and the Agency shall reasonably cooperate with the Owner in the defense of any such claim or matter and shall not take any action that would adversely affect the Owner' defense of such matter. Section 10. Owner Insurance. The Owner shall furnish, or shall cause to be furnished, to the Agency duplicate originals or appropriate certificates of comprehensive general liability insurance in the minimum amount of One Million Dollars ($1,000,000.00) combined single limit, naming the Agency and the City as additional insureds. Such insurance shall cover comprehensive general liability including, but not limited to, contractual liability; acts of subcontractors; premises- operations; explosion, collapse and underground hazards, if applicable; broad fonn property damage, and personal injury including libel, slander and false arrest. In addition, the Owner shall provide to the Agency adequate proof of worker's compensation insurance coverage for its employees. Any and all insurance policies required hereunder shall be obtained from insurance companies admitted in the State of California and rated at least B+/ (viii) in the most current edition of the Best's Kev Rating Guide: Property-Casualty. All such insurance policies shall provide that they may not be canceled unless the Agency receives written notice of cancellation at least thirty (30) calendar days prior to the effective date of cancellation. Any and all insurance obtained by the Owner hereunder shall be primary to any and all insurance which the Agency may otherwise carry, including self insurance, which for all purposes of this Agreement shall be separate and apart from the requirements ofthis Agreement. Any and all insurance required hereunder shall be maintained and kept in force until end of the tenn of the construction covenants as set forth in Section 3 of this Agreement. Section 11. Notice of Memorandum of A2reement. The parties agree and declare that the successors and assigns of each shall be bound by the tenns ofthis Agreement. The parties shall execute and the Agency shall cause to be recorded a Notice of Memorandum of this Agreement substantially in the fonn as attached hereto as Exhibit "B" and incorporated by this reference. 4822-2026-7776.1 PI\Clerical Service8 Dept\w.u,na\Acquisitione\MeadowbrooJt (Blue)\~005\OS~O"'.U Owner Participation Agreelllent...Johneon.cSoc 5 THIS 2005 PROPERTY OWNER PARTICIPTION AGREEMENT is dated as of Julv26. 2005, and this Agreement shall have no force or effect unless it has been approved by the governing body of the Agency and fully executed by the parties. This Agreement may be executed in counterparts on behalf of the parties by their authorized offices whose signatures appear below. Date: q ( 1'-3/05 OWNER ~.~.9~ Bonnie S. Johnson AGENCY Redevelopment Agency of the City of San Bernardino, a public body corporate and politic Date: By: 4822-2026- m6.1 PI \Clerical ServiceI Dept \Haeana \Acquieitiona\Meadowbrook (Blue) \2005 \OS - 04 - 19 Owner panic:ipation Agreement -8 . John.on . doc 7 EXHIBIT "A" Vicinity Map and Legal Description of the Property 4822-2026-7776.1 Ol t\J I on !:! :l:o ... Q " J~ ~ oe c:- ~~. . II) t('~ o c:~,.. o CI'l -' o e '. J:;'t ;...~. CD \0 ;- [ ~ :(, ,.,."0'''''0'-'\ ~~ ~~.- . . _ c. . . . '.' .' " :.J .1 .~ @ @ :l.3311J,S I- \oJ .... I!: '" ." ., "'I ... . . 1?- @ @ @ .~ ~@ I ( .. 0 .. .. .. l . - .. .. .. i-@ i .( iI. ~ ~ '" @ ! .. '. ~. ~ .. ~ .. .. @ ~ .. ~ .. . @ ~ .. @ .. . €) ~. .. @ . ,., .. . @ I. @- .. 0 -, .. - I .I ~ @ ~ ;; ~ = I .. I .. I-----~t------- .2 I :: @ :~--~--t------- ". .. I · . . .. @ .. .. @ .. 1 0' ..' @ .:.. .. \ ... . ...,;" "",al . . I <i I .- or ..'} .. , ..1' 1'- .' {.ei- ...~i . . I.. .. I , . ~.>k I. I' ~ e. - . 't-!,f- : .. - I.n-,I . :"...:. '.-' - . .;~.~; ':~ .~~;~ : .:. .' - .;....:~.... ...,.~....:.::-~....:..,....;.~.{.~ =U.~.'l:: ',' '... .,.. ." .' ..~lII.I, "L7-.' ';"ii~:5:~~';<::" ':-:'>,~ ~,I~.., I 1:1 ........ ~./1~Yj"t'fiJ.":p".J..-' . . 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'-A.r~Ii""~\l.:.;a-:.t":-;' ',,;:.i.,,:~! >=' .., ,<it .Q - ...... . '~;j' .'" .~ ;c ltai\.~ .1 \w, " " ~. ~.'.. . ft". ~-.= . . .:. -" ~-.:.... " - scription: San Bemardino,CA Assessor Map 135.29 Page: 1 fer; TD-11-20-2003 08-52-40 AM Comment: .. ... .. j i . j/' /. ~. c ~ o ~ C.i. FileNo: 07101981 . EXHIBIT "A".. All that certain real prope~ situated hi th~ County of San Bernardino, State of Cattf~la, desaibed .as follows: . . . " " PARCel A: lot 14, Block "A" of the Daley Tract, in the City of San Bernardino, CountyClf San Bernardino, State of California, as per map recorded In Book 6, page(s) 34, of Maps, in the office of the County Recorder of San Bernardino County. PARCEL B: Lot 15, Block "A" of the Daley Tract, in the City of San Bernardino, County" of San Bernardino, State of California, as per map recorded In Book 6, page(s) 34, of Maps,dln the office of the County Recorder of San Bernardino County. PARCEL C: Lots 22, 23 and 24, Block "A" of the DC!ley Tract, In the City of San Bernardino, . County of San Bernardino, State of California,.as per map. recorded In Book 6, page(s) 34, of Maps, In the office of the County Recorder of San Bernardino Count:'( . '.'., . ". -' .. EXHIBIT "B" Notice of Memorandum of Agreement 4822-2026-7776.1 RECORDING REQUESTED BY, AND WHEN RECORDED MAIL TO: Redevelopment Agency of the City of San Bernardino 201 North "E" Street, Suite 301 San Bernardino, CA 92401 Space Above Line for Use by Recorder Recording Fee Exempt Pursuant to Government Code Section 6103 MEMORANDUM OF AGREEMENT THIS MEMORANDUM OF AGREEMENT ("Memorandwn") is dated as of July 26,2005, by the REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, a public body corporate and politic (the "Agency"), and BONNIE S. JOHNSON (the "Owner"). 1. Covenant to Construct Single Family Residences ("SFR") on the Property. Upon the terms and subject to the conditions set forth in that certain "Redevelopment Agency of the City of San Bernardino 2005 Property Owner Participation Agreement" ("Agreement") the Owner agrees to construct and complete at the Owner's sole cost and expense, within eighteen (18) months of the Effective Date of the Agreement, three (3) single family residences ("SFR") on the Property currently consisting ofthe land located in the City of San Bernardino, County of San Bernardino, California and more particularly described in Exhibit "A" of the Agreement, in accordance with all applicable zoning and building regulations of the City of San Bernardino, for sale exclusively to and occupancy by the purchasers. The Owner agrees that the completed SFR shall be promptly sold only to purchasers that promises to occupy the premises as the purchaser's primary residence. The Owner agrees not to rent the property to anyone, or allow anyone to occupy the SFR, prior to sale to a purchaser that intends to occupy the premises as a primary residence. 2. Agency Not to Exercise Eminent Domain Acauisition of Property. Provided that Owner performs all covenants and performance obligations described generally in the Agreement and specifically, but not inclusively, those set forth in Section 3 ofthe Agreement, the Agency agrees that for a period of eighteen (18) months from the Effective Date of the Agreement the Agency will not commence proceedings to acquire the Property by way of the exercise of condemnation powers pursuant to the Eminent Domain Law, Code of Civil Procedure 9 1230.010 et sea. The Owner expressly acknowledges that in the event of a default on the part of the Owner, the Agency may exercise any lawful remedies on its part, including, but not limited to, the acquisition ofthe Property by eminent domain 3. Incorporation of Agreement. This Memorandum is for informational purposes only and nothing contained in it shall be deemed to in any way modify or otherwise affect any ofthe provisions of the Agreement. This Memorandum is subject to all ofthe provisions of the Agreement and in the event of any inconsistency between the provisions of the Agreement and this Memorandwn, the provisions of the Agreement shall prevail. 4822-2026-7776.1 4. Counteroarts. This Memorandum may be executed in any number of counterparts. each of which shall constitute an original and all of which shall constitute one and the same document S. Covenants Running With the Land. Pursuant to the express terms of Sections 3 and 6 of the Agreement. the covenants described in section I of this Memorandum shall run with the land and be binding on the Owner and all successors in interest to the Owner for a term of twenty-four (24) months from the date this Memorandum is recorded in the Official Records of the County of San Bernardino. IN WITNESS WHEREOF, the undersigned have executed this Memorandum of Agreement as of the day and year first written above. AGENCY Redevelopment Agency of the City of San Bernardino Date: By: Date: q / I r; ( 0 5 . OWNER /!Jr..N-<c.,-b ~.hk~ Bonnie S. Johnson STATE OF COUNTY OF ) ) On before me, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislher/their authorized capacity(ies), and that by hislher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature (Seal) 4822-2026-7776.1 CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT State of California County of ~ ~~l.}I~)'" }~. On C\ - lC;-o; before me, .W~ 4- r:.^Mtl tJime''1J~/(~' ~ ' Na~d TIlle of OtIoce, la'. 'Jane 000. Nola'Y P ." "'/\.II C ~ ..Jc..i-H0SC,N , Name(s) 01 Signer(s) ~ ~ I ~ i ~ ~ ~ ~ ~ ~ ~ ~ g ~. ?ii I I ~ ~ ~ ~ g '~ ~l I ~ Signer Is Representing: . I ~ 'I x:~<<x:.<;<<<<'<X~<<~<<~~~'<X,'(%'<'X."x;~~~~~~~~~~~~~~~~~~<g(,^Q'';>;' Date personally appeared t~Qf80R.1I hAi...... +n rno , ~ proved to me on the basis of evidence satisfactory GOMt7. LIS':' ,> # 13B3245 i commISSIon colitolnio ~ NotolY pub\l~i~O county Son Be!f1~~es NOv 4. 'SfY:l MY com!". to be the person~ whose name~ U$r'Me subscribed to the within instrument and acknowledged to me that h~they executed the same in h~their authorized capacity~, and that by ~their signatur~on the instrument the person(~ or the entity upon behalf of whic the perso~ acted, ex e the in me Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reaNachment of this form to another document. Description of Attached Document Title or Type of Document: . Top of thumb here Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: // ,- Individual - Corporate Officer - Title(s): Partner - = Limited 'neral Attorney-in-Fact -. Trustee Guardian or Other: C 1999 N<l.lIona! Notary ASsociation. 9350 De SOIa Ave" P.O_ Box 2402. Chalsworth, CA 91313-2402. www.nalionalnotary.org Prod. No. 5907 Reorder: Call ToU-Free 1-800-875-6827 ~ ~ ~ I~... ,I i ~ I g .' ,I ~ ~.: ~ ,{. File.No: 01101981 '- EXHIBIT "A".. . . .AII that certain real propertY situated In th~ County of San Bernardino, State of CaHfoI:'rlJa, :desCribed . as follows: . -. PARGEL A: . Lot 14, Block "A" of the Daley Tract, in the City of San Bernardino, County of San Bernardino, State of California, as per map recorded in Book.6, page(s) 34, of Maps, in the office of the County Recorder of San. Bernardino County. . . . PARCt;J.. B: lot 15, Btock"A" of the Daley Tract, in the City of San Bernardino, County of San Bernardino, State of California, as permap recorded in Book 6, page(s) 34, of Maps~ln the office of the County Recorder of San Bernardino COl,lnty. PA~~Et C: lots 22, 23 and 24,81ock "A" of the Daley Tract, In the City of San Bernardino,. County of San Bernardino, State of Califor:n~,as per rilaprecorded In Bo;ok 6, page(s) 34, of Maps, In the office of.the COUnty Recorder of San Bernardano : CountY. ,'.+'" ", ,. -\. . Qi Page 3 0' t\I . Vl .~ l: u @! _C( :~ co! E,9 . C_' Il)...~ c:~~ 10 ltl -. C,). e '. i::: 't ....~: ~ 10 0-<< "" ... f ~ .~!-- ,,~". .- .. :.J @ 1 ;.., I '3 '.t3311J.S. ...... '" "'. ra: .... '" ," ., "'1 ... @ . , ) ~@ @ @ I I ~ 0 OJ .. .. ~ ... .. . .. ...~~ I l;. e !! .. @ ~ .. @. .~ .. ~ .. .. @ ~ .. qj) .. @ ~ . @ .. . @ :!. .. @ .. . - .. . &r !:! 0 @ .. .. - .... e ~ 1 - ~ .. . - I .. - .. ---~-~t------:- . ~.I :: @ ..:..-_____.L _______ I . - .. I .... ., @ . .. @ ... . 1. 0' ..' ,;. .. @ \ ....:-" .,. . ;, -lei -l~1 .'~. f' ':' '}." .. I i'- .' J .. I 'h@'} .~~ . . '" .. 1:01-- i-~~ : ~ - I....,.;' . . ' rnr, , '- ~ ~~ ;:::.~ .;~~:'~ : . ~ o. ;-.:;,c "',. . ,.. ;:;(,F:. ;~~.:;;-~:i;i:'-:~~ ,~;::: "". -~4~~V.'. '-., ., . .,. - ""~.~f""L -;:~~\;;1:',: . ,U"' ,t':;:,;~"::'.: ',,' ~ ..... ::~~.-i";..j '. ,~.~'~,....":':Jl,'~ :,'..~.:'.',;...~.,:r,t" ~.:":~:~,:..:',..,'~..i~.. '..' ...",. @. ~ ";~ ~j:~i)":' .; ':~J -:=;~I~'::; ~1. ~.-: -;:- ':",~,!.,,,:~~,: :~ !! .. ~~';":~~':~;:~~';:1$ .~ .~. '. . ' .. ....j:.. ...-t.-_ ::, . , ~ .'..,,:'...,-...:.'....,"...".., ::. ~ -:. '~-~j ~~ ~~r:;~~~, .. ~~, ... c:: .... ." :: .. .U'AI. ~)" J , ,J ,09 ". .... .., .., It: ~@ .... '" "~ "~.e ~ --r- :p- '....: I@.,I "'"'" . ......~. !! @ o .. -.. .. @ @) €> >~.::~~~.;;~.i ,\;;: ;": - . -' ~ I'.~.~,'~....~, ~:..;".,:. ;:_....;.~..~....t -.i.. .~~:. ~_.... ._ .::t..~~; @.' .f."':~":' ~._ '.. .' -. ','- :",.. ~...'!,. . - -. ~;~:::: , )~;\.~rtJ,!,: . ,. . 'A.~~ ,~}~L~~:I,>J . ,. ),.0\". ....~ ~.~,~..i:~.i:.:,.,'.:,,-:..~...;.:--.'.;.!2" ;g...., '::'~':: ~:'k;1~;'.. -~ . ".. _.; ...::'\~.,- ;:~;~)::~; ;" ;:. ~ . " ! .' I @ !!::.. '. e !. , : s Q .... e ~ s - - e ~:'(:r~~:~ '..~f.'~'~~;:~ ,-::-=.--: !~1. , :':'~;:~~:,.~;j[ y.:,- , 2 o .. e .. .. ~:",:::'~~iC(:~' . L:;' .' 1:; ~., ~ ~ '. .';:...~..-~.!~. .:~;.r, ~,..,... e ...:~. .... @",'.1 .'- _ . ..' .~; ,:,~:;:,"~:~~'.~!:.~-~ ~ ;_...~,;:,.~ ~i<:;.,.,',,':.,.~. ., ,""'; .;i'~~.," '.< -... .\CV .,. .:~-, . .. ~-:"',.'. :.'~. ~~!-; ~,::.. .J~"'" " :'. .I....~ :t-"".o :"'.. .... .... ' ," . /.::t: k'.."'''' I~;,\i-:,:" , ' 'd1 @: !~~!i, ~~:~:'f.:~'~', '~)' f" .... ~... ~(i~:.~~~.~ ..-::~~; ;~\~~ >~c.:.,,: .>>~f~1~~~r: ..' "....,.),. ,r :~~t;'{~~f:!;:,~P}. .. .. .....~"'O:'.. ~,...~:i . - ~ ~-:': ~;""" .. - oaiptie>n: San Bemardino, CA Assessor Map 135.29 Page: er;- TD-11-20-2003 08-52-40 AM Comment: >SJj\~~i~i;' .. i of 1. t.\iJ)~~~:;,t1~~ii;i ~,,'_., 0, ~~"'~~\I':'r.~' . :~~.... "~~._'J: .. '0 -& .... l;,lIl~.., 11:::'. ... _.~~s.. .... '.:b .c . ell i' .G1u ca.;' 0 'Q 11II II: .,~4. ii ", .... . 11II :~II) :: ,;:!! ::' ~.... ... .... . :: g:i C(Il)CI) .' ,.-.;~~. ". ~ " r: ,~1jf '. ;. , -t :: ~. .. .. ~ i i / .~/~ ~l.. :.,....:i' . _f ~....,;: EXlDBIT "C" SUMMARY. CITY OF SAN BERNARDINO PLANNING DJVISION CASE: AGENDA ITEM: HEARING DATE: WARD: Development Permit Type III No. 03-34 3 November 18, 2003 1 OWNER! APPLICANT: ANR Industries, Inc. 10702 Hathaway Drive, No. 1 Santa Fe Springs, CA 90670 562-777-9807 REQUEST/LOCA nON: ) A request for approval of a Development Permit (Type III) to construct 20 single-family homes on existing residential lots. The lots have a minimum lot size of6,750 square feet. The project site is located within a two-block area between 2nd Street and Rialto Avenue, west of Sierra Way and east of Allen Street in the RD-l, Residential Urban, land use district. ' CONSTRAINTS/OVERLA YS: Flood Zone X Area. ENVIRONMENTAL FINDINGS: o Not Applicable It! Exempt from CEQA, Section 15332 - Infill Development o No Significant Effects o Potenti~l Effects, MitigationMeasures and Mitigation Monitoring/Reporting Plan / STAFF RECOMMENDA nON: E'I Approval E'I Conditions o Denial o Continuance to: Development Permit 111 03-34 11/18103 Page 2 ) REQUEST A~ PROJECT DESCRIPTION . The applicant requests approval of a Development Permit Type In under the authority of Development Code Section 19.04.020, Table 04.01 (Q), to construct 20 single-family homes on existing residential lots. The lots have a minimum lot size of 6,750 square feet. The project site is located within a two-block area between 2nd Street and Rialto Avenue, west of Sierra Way and east of Allen Street in the RU-l, Residential Urban, land use district (Attachment A). This Development Permit also includes the development of additional single family homes (in the same two-block area) on lots the applicant is in the process of purchasing. The proposal offers a land 2-story housing styles with 3 different model plans. Each model plan offers 2 variations of finishes that includes a stucco look and wainscot texture for a total of 6 variety choices. Although the RU-l district allow a maximum density ~of 8 units per gross acre and duplex development, the proposal is for detached single-family homes. The proposed layouts are as follows: Home square footage Plan I is 1,847 square feet (living area) with a 2-car garage (400 square feet) - 2-story . Plan 2 is 1,591 square feet (living area) with a 2-car garage (400 square feet) - 2-story Plan 3 is 1,458 square feet (living area) with a 2-car garag~ (400 square feet) - I-story ) Layout composition Plan I - (4bd/2ba) - Plan 2 ~ (3bd/2ba) - Plan 3 - (3bd/2ba) - 8 homes (40%) 3 homes (15%) 9 homes (45%) 20 homes (100%) The homes are wood-frame/stucco construction with concrete tile roofs. Architectural treatmentS include variations in roof style, entry projection and .garage door designs. The homes include . . . window treatments, metal roll up garage doors and fully landscaped front-yards for all the . .. houses.. A 6-foot vinyl fence will be provided for all homes. SETTING/SITE CHARACTERISTICS The property site is relative flat and vacant. Surrounding land uses to the north is a park and single family in the RU-l district. To the south is a park and commercial heavy uses in the CH district. To the east are single-family homes in the RU-I district. To the west are multi-family. structures in the RMH district. . The parcels previously contained single and multi-family structures that were demolished in recent years. Development Permit 1Il 03-34 11//8/03 Page 3 ) BA(;KGROUND The EnvironmentaVDcvelopment Review Committee (EIDRC) reviewed the project on October 9, 2003, and then moved the project to the Planning Commission. FINDINGS AND ANALYSIS J. Is the proposed development permitted within the subject zoning district and does it comply with all of the applicable provisions of the Development Code. including prescribed development/site standards and any/all applicable design guidelines? Yes, the proposed homes are consistent with the General Plan and Development Code, in that the RU-I, Residential Urban, land use district allows attached and detached units at a maximum density of 8 units per gross acre. The proposal is for in-fill development of detached single-family homes. All proposed homes meet the RU-I development standards as shown in Table "A" below. TABLE "A" - Development Code/General Plan Conformance CATEGORY PROPOSAL DEVELOPMENT GENERAL PLAN . CODE . Permitt~ Use Single-Family Residential Permitted Permitted Density N/A 4.5 du/ac. 4.5 dulac. . Setbacks - Front 25' to 30' 25' N/A - Side 5' min. 5' min. N/A - Rear 51' to 63' 20' N/A - Side Street .' . 15' '15' .. N/A Lot Coverage 17% to 21% 35% max. N/A Unit Size 1,458 s.f. to 1,200 s.f. N/A 1,847 s. f. Height 2 story (24 feet) 2 story (35 feet) N/A Development Permit III 03-34 11/18/03 Page 4 ) 2. Is the proposed de,velopment consistent with the General Plan? Yes, the pr9posal is consistent with the General Plan objective as follows: General Plan Objective 1.12.32 states: "Require that "Residential Urban" residential projects be designed to convey the visual sense of a low density residential neighborhood, including: a. variable structural setback; b. inclusion of extensive landscape (incorporating trees and shrubs) along street frontages; and c. architectural articulation of building fll~ades to express a single-family character. The proposed development is for detached single-family residential homes. The homes have been designed to enhance and upgrade the surrounding areas. The variations in the layout for front yard setback range from 25 feet to 30 feet provide different stacking patters of visible open space. All front yard will be landscaped with sod and a minimum of one 24" box tree. 3. Is the proposed developmelilt.harmmlious and compatible with existing andfuture developments within the iand use district and general area, as well as the land uses presently on the subject property? Yes, the proposed project is consistent with the residential character of the surrounding land uses as well as future residential development. The proposed single- family units are compatible with the single-family units in this area. The residential character of the proposed development is similar to that of the recently completed single-family residences in this neighborhood. The homes designs and treatment elements are designed to provide continuity with neighboring single-family structures. Architectuml treatments include variations in roof style, entry area and garage door designs. All windows and doors and side and rear elevations will be architecturally treated. . 4. Is approval of the Development Permit for the proposed development in compliance with the requirements of the California Environmental Quality Act and Section 19.20.030(6) of the Development Code? . -' Yes, approval of this Development Permit is in compliance with the requirements of the California Environmental Quality Act and Development Code Section 19.20.030 (6) pertaining to environmental resources and constraints. Approval of the proposed project would not result in any significant effects relating to traffic, noise, air quality or water quality. This is because all the necessary infrastructures area already in place to handle the anticipated capacity resulting from this proposed project. It is anticipated that the impacts relating to traffic, noise are quality, or water will be less than significant. Development Pennit III 03-34 1/118103 Page 5 _'/ 5. , , Wdl there be potential significant negative impacts upon environmental quality and natural resources thai could not be properly mitigated and monitored? , No significant hannful effects on the quality of the environmental or on natural resources will exist as a result of this project. The project site is not located in geological hazard area and occurs within city limits and has no habitat value for endangered or threatened species. The site can be adequately served by all required utilities and public services. The proposed project is a pennitted use and is consistent with the RU-I land use development standards. 6. Is the subject site physically suitable for the type and density/intensity of use being proposed? Yes, the site is physically suitable for the type and density/intensity of the project being proposed as evidenced by project compliance with all applicable Development Code Standards as noted in Table "A": The proposal is for construction of homes on existing residential lots. 7. Are there adequate provisions for public access, water, sanitation, and public utilities and 1ervices to ensure that the proposed use would not be detrimental to public health and safety? ./ Yes, all agencies responsible for reviewing access, and providing water, sanitation and other public services have all had the opportunity to review the proposal, and none have .indicated an inability to serve the project. The proposal will not be detrimental to the public health and safety in that all applicable Codes and will apply to the construction of this project. 8. Are the location, size design and operating characteristics of the proposed development detrimental to the public interest, health, safety, convenience, or welfare of the City? . -. .' -> . . Yes, the proposed single-family units will be compatible with the single-family units previously 'developed in the area. 'The proposed' project will not be detrimental to the public interest or welfare of the City in that the proposed project will provide a positive development to promote underutilized vacant lots. The proposal will create twenty new homes and new improvements for this area. Development Permit 1/1 03-34 ////8/03 Page 6 :../ CONCLUSION The proposal meets all necessary Findings of Fact for approval of the Development Permit Type m No. 03-34. RECOMMEND A nON Staff recommends the Planning Commission approve Development Permit (Type III) No. 03-34 based upon the Findings of Fact and subject to the Conditions of Approval (Attachment C) and Standard Requirements (Attachment D). 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I I I I ~ 'f 1 'i I ~ t ! 5 ~ ! - :./.. . o -0 .. 1: a "C '~cC2~IH I I' . ~Cf.) . tll '1 · ~i \S 0 . I II ~~"I ~W . ,I I ~ ~.11 ~::E <( ~O ~ . .~:c "- \ r;: c.I Q. ... ~ - i t . - - r;: r;: () 0 .,g .t:: Z <( ....J a.. I I r--- = -- ~~ ~ ~. c:: 6~ ~ ~ c:> ~ 0 .,,- ~ c-J z':'z x"".... c:::J = ~z~ .Z""~ ~ = ",:>'" "(L~ .....qc @ a... 0;:; W ~~ ~ Cf) ,'A 1 g :i r;: I~ <<>> "Q "ij ::: .!!l ... g - ... Cd <<>> ... A TIACHMENT C ). CONDITIONS OF APPROVAL DPm No. 03-34 1. Within two years of development approval, commencement of use shall have occurred or the permit/approval shall become null and void. In addition, if after commencement of use; use is discontinued for a period of one, year, then the permit/approval shall become null and void. However, approval of the Development Permit does not authorize commencement of construction. All necessary permits must be obtained prior to commencement of specified construction.activities included in the Conditions of Approval and Standard Requirements. Expiration Date: November 5, 2005' 2. The review authority may, upon application being filed 30 days prior to the expiration date and for good cause, grant a one-time extension not to exceed 12 months. The review authority shall ensure that the .project complies with all current Development Code provisions. 3. In the event this approval is legally challenged, the City will promptly notify the applicant of any claim, action or proceeding and will cooperate fully in the defense of this matter. Once notified, the applicant agrees to defend, indemnify and hold harmless the City of San .) Bernardino (City), the Economic Development Agency of the City of San Bernardino (EDA), any departments, agencies, divisions, boards or commission of either the City or EDA as well as predecessors, successors, assigns, agents, directors, elected officials, officers, employees, representatives and attorneys of either the City or EDA from any claim, action or proceeding against any of the foregoing persons or entities. The applicant further agrees to reimburse the City of any costs and attorneys' fees which the City may be required by a court to pay as a result of such action, but such participation shall not relieve applicant of his or her obligation under this condition. The costs, salaries, and expenses of the City Attorney and employees of his office shall be considered.as "attoriieys fees" for thepuqjose of this condition.' .' . As part of the consideration for issuing this permit, this condition shall remain in effect if this Development Permit is rescinded or revoked, whether or not at the request of applicant. 4. Construction shall be in substantial conformance with the planes) approved by the Director, Development Review Committee, Planning Commission or Mayor and Common CounciL Minor modification to the planes) shall be subject to approval by the Director through a . minor modification permit process. Any modifiGation which exceeds 10% of the following allowable measurable design/site considerations shall require the refiling ofthe original application and a subsequent hearing by the appropriate hearing review authority if applicable: j ! DP III No. 03-21 Conditions of Approval Page 2 : . J .:-./ a. . On-site circulation and parking, loading and landscaping; b. Placement and/or height of walls, fences and structures; c. c. Reconfiguration of architectural features, including colors, and/or modification of finished materials that do not alter or compromise the previously approved theme; and, d. A reduction in density or intensity of a development project. 5. This permit or approval is subject to all the applicable provisions of the Development Code in effect at the time of approval. This includes Chapter 19.20 - Property Development Standards, and includes: dust and dirt control during construction and grading activities; emission control of fumes, vapors, gases and other forms of air pollution; glare control; exterior lighting design and control; noise control; odor control; screening; signs, off-street parking and off-street loading; and, vibration control. Screening and sign regulations compliance are important considerations to the developer because they will delay the issuance of a Certificate of Occupancy until they are complied with. Any exterior structlp"al equipment, or utility transformers, boxes, ducts or meter cabinets shall be architecturally screened by wall or structural element, blending with the building design and include landscaping when on the ground. 6. If the colQr of any of the buildings, walls or fences or other exterior finish material i~ to be modified, the revised color scheme and/or fmish materials shall be reviewed and approved by . the Planning Division prior to commencement of work through a Minor Modification. I I ../ 7. The applicant shall dedicate adequate street right-of-way (Public Works Standard Requirements . No.4) prior to issuance of building permits. 8. The applicant shall complete the street improvements (Public Works Standard Requirements No.4), or post a bond/pay an in lieu fee prior to issuance of building permits. If the street improvements are not completed (by the City as part of a Capital Improvement Program (CIP) project) within 5 years, the bond/in lieu fee shall be refunded. '9:' A 6-foot'perimeter vinyl fence shall be constructed for all homes. 10. Garage door designs shall be set into the walls rather than flush with the exterior wall. A variety of compatible designs shall be used throughout to ensure variety. II. Additional single family development within the two-block area shall require a Development Permit Type 1. 12. All front yards shall be landscaped and shall include a minimum of one 24" box tree. . .........~ ~~\-\~p City of San Bernardino STANDARD REQUIREMENTS Development Services/Plan Check Division Property address: DRClCUP/DP: 1>f1lt-03 -3t NOTE; NO PLANS WILL BE ACCEPTED CHECK WITHOUT CONDITIONS OF IMPRINTED ON PLAN SHEETS. DATE: lo ( 9, I 0 ?::> FOR PLAN APPROV AL Submit 6 sets of plans, minimum size 18" x 24", drawn to scale: If plan check is for expeditious review, submit 6 sets. The plans shall include (if applicable): a. site plan (include address & assessors parcel number) b. foundation plan c. floor plan Oabel use of aU areas) d. elevations e. electrical, mechanical, & plumbing plans f. detail sheets (structural) g. cross section details h, show compliance with Title 24/Accessibility (disabled access) i. a plan check deposit fee will be required upon submittal of plans. CaU Deveiopment Services (plan check) 909-384-5071 for amount. 1. The title sheet of the plans must specify the occupancy classification, type of construction, if the building has sprinklers, & the current applicable codes. 2. The person who prepares them must sign the plans. . Also, provide the address & phone number of that person. Some types of occupancies require that the plans are prepared, stamped, and signed by an architect, engineer, or other person licensed by the State of California. ." 3. For structures that must include an engineers design, provide 2 sets of stamped/wet signed calculations prepared by a licensed architect/engineer. 4. Provide 2 sets of Title 24/Energy compliance forms and calculations. Some compliance forms are required to be printed on the plans. ). Submit grading, site, and/or landscape plans to Public WorkslEngineering for plan check approval and permits. For more information, phone 909-384-5111. 300 N '0' Street San Bernardino CA 92418 909-384-5071 Office 909-384-5080 Fax ) 6. ./ Fire sprinkler plans, fires suppression system plli.~ etc., shall be submitted to the Fire Department for plan check approval and permits. For information, phone 909-384-5388. \. 7. . . Signs fequlre a separate submittal to the Planning Division for plan check approval and permits. For information, phone 909-384-5057. 8. Restaurants, food preparation facilities, and some health. related occupaDcies will require clearances and approved plans from San Bernardino County Health Department. For information, phone 909-387-3043. 9. Occupancies that include restaurants, car washes, automotive repair/auto body, dentist offices, food preparation facilities or processing plaDts, etc. may require approvals and permits from San Bernardino Water Reclamation. For information, phone 909-384-5141. 10. An air quality permit may be required. Contact South Coast Air Quality Management' Division for iDformation, phone 909-396-2000. 11. State of California Business & ProfessioDs Code/Contractors License Law requires that permits caD be issued to licensed contractors or owner-builders (that are doing the work). Contractors must provide their State license number, a city business registration, and workers compensation policy carrier & policy number. Owner-builders must provide proof of ownership. NOTE: PLAN CHECK TIME ON THESE TYPES OF PROJECTS IS APPROXIMA TEL Y 4-6 WEEKS FQR 1ST CORRECTIONS. EXPEDITIOUS REVIEW IS APPROXIMATELY 10 WORKING DAYS. THE DEVELOPMENT REVIEW PROCESS IS NOT THE BUILDING PLAN CHECK AND DOES NOT IMPLY THAT THE DESIGN AS SUBMITTED WILL BE APPROVED WITHOUT CORRECTIONS..' . Comments: ."; 300 N 'D' Street San Bernardino CA 92418 909-384-5071 Office 909-384-5080 Fax ..., / STANDARD REQUIREMENTS 'DEPARTMENTOF DEVELOPMENT SERVICESIPUBLlC WORKS .DIVISION CASE NO: DP III 03.34 D.ESCRIPTION: Construct 22 single family homes on existing lot . APPLICANT: ANR Industries, LOCATION: East of Sierra Way, between Inc. south of r Street and north of Rialto Street . NOTE TO APPLICANT: Where separate Engineering pians are required, the applicant is responsible for submitting the Engineering plans directly to the .Engineering Division. They may be submitted prior to submittal of Building Plans.- 1. . Drainage and Flood Control a) Applicant shall mitigate on-site storm water discharge sufficiently to maintain compliance with the City's NPDES Storm Water Discharge Permit Requirements. A "Notice of Intent (NOt)" shall be tiled with the State Water Quality Control Board for construction disturbing 1 acre or more of land. / . b) The City Engineer, prior to grading plan approval, shall approve an Erosidn Control Plan. The plan shall be designed to control erosion due to water and wind, including blowing dust, during all phases of construction, including graded areas which are not proposed to be . immediately built upon. 2. . Gradinp.and Landscaping a) If more than l' of fill or 2' of cut is proposed, the site/ploUgrading and drainage pi?" shalt be signed by a Registered Civil Engineer and a grading permit will be required. The grading plan shall be prepared .in strict accordance with the City's "Grading Policies and Procedures" and the City's "Standard Drawings", unless otherwise approved by the City Engineer. Page 1 of 7 Pages 10/2912003 STANDARD REQUIREMENTS DEPARTMENT OF DEVELOPMENT SERVlCESIPUBUC WORKS DMSION CASE NO: DP III 03-34 DESCRIPTION: Construct 22 single family homes on existing lot APPUCANT: ANR Industries, LOCATION: East of SIerra Way, between Inc. south of r Street and north of Rialto Street I .: .~/ b) .3.. Utilities An on-site Improvement Plan is required for this project. Where feasible, this plan shall be incorporated with the grading plan and shall conform to all requirements of Section 15.04-167 of the Municipal Code (See "Grading Policies and Procedures"). c) Retaining walls, block walls and all on-site fencing shall be designed and detailed on the On-site Improvement Plan.. This work shall be part of the On-site Improvement permit issued by the City Engineer. d) The project -Landscape Plan shall be reviewed and approved by the City Engineer prior to issuance of a grading permit. SubmitS copies to the Engineering Division for Checking. . e) The public right-of-way, between the property line and top of curb (also known as "parkway") along adjoining streets shall be landscaped by the developer and. maintained in perpetuity by the property owner. Details of the parkway landscaping shall be included in the project's on-site landscape plan. . \ . a) Design and construct all public utilities to serve the site in accordance with City Code, City Standards and requirements of the. serving utility, including gas, electric, telephone, water, sewer and cable TV (Cable TV optional for commercial, industrial, or institutional uses). Page 2 oj 7 Pages b) Each parcel shall be provided with separate water and sewer facilities so the City or the agency providing such services in the area can serve it. 10/29/2003 , / STANDARD REQUIREMENTS DEPARTMENT OF DEVELOPMENT SERVlCESIPUBLlC WORKS DIVISION CASE NO: DP III 03.34 DESCRIPTION: Construct. 22 single family homes on existing lot APPLICANT: ANR Industries, LOCATION: East of Sierra Way, between Inc. south of r Street and north of Rialto Stree~ . c) Backflow preventers shall be installed for any building with the finished floor elevation below the rim elevation of the nearest upstream manhole. d) This project is located in the sewer service area maintained by the City of San Bernardino therefore, any necessary sewer main extension shall be designed and constructed in accordance with the City's "Sewer Policy and Procedures" and City Standard Drawings. e) Utility services shall be placed underground and easements provided as required. / f) A street cut permit, from the City Engineer, will be required for utility cuts into existing streets where the street is not being repaved as part of the required improvements. g) Existing Utilities which interfere with new construction shall be relocated at the Developer's expense as directed by the City Engineer, except overhead lines, if required by provisions of the Development Code to be undergrounded. See Development Code Section 19:20.030 (non- .. . subdivisions). . ) Page 3 of 7 Pages 10/29/2003 STANDARD REQUIREMENTS DEPARTMENT OF DEVELOPMENT SERVICES/PUBLIC WORKS DIVISION . CASE NO: DP III 03-34 DESCRIPTION: Construct 22 single family homes on existing /6t APPLICANT: ANR Industries, . LOCATION: East of Sie"a Way, between Inc. south of r Street and north of Ria/to Street ,~ I .' / 4. Street Improvement and Dedications 'a) . .,1 .,' Page 4 of 7 Pages All public streets within and adjacent to the development shall be improved to include combination curb and gutter, paving, handicap ramps, street lights, sidewalks and appurtenances, including, but not limited to traffic signals. traffic signal modifications. relocation of public or private facilities which interfere with new construction, striping, shall be accomplished in accordance with the City of San Bemardino "Street Improvement Policy" and City "Standard Drawings", unless otherwise approved by the City Engineer. Street lighting, when required, shall be designed and constructed i~ accordance with the City's "Street Lighting Policies and Procedures". Street lighting shall be shown on street improvement plans except where otherwise approved by the City Engineer. b) For the streets listed below, dedication of adequate street right-of way (R.W.) to provide the distance from street centerline to property line and placement of the curb line{C.L.) in relation to the street centerline shall be as follows: . . Street Name Right of. Way(!Y Curb Line(!!l.... . Rialto Street 44 feet 32 feet 2nd Street 41.25 feet 33 feet . " Sierra Way 41.25 feet 32 feet 10/29/2003 STANDARD REQUIREMENTS DEPARTMENT OF DEVELOPMENT SERVlCESIPUBlIC WORKS DIVISION . . CASE NO: DP III 03-34 DESCRIPTION: Construct 22 single fainl'y homes on existing lot APPLICANT: ANR Industries, LOCATION: East of Sierra Way, between Inc. south of r Street and north of Ria/to Street ..../' N c) Construct 8" Curb and Gutter per City Standard No. 200 adjacent to the site. Widen pavement adjacent to the site to match new curb and gutter. Construct approach and departure transitions for 0 traffic safety and drainage as approved by the City Engineer. d) Construct sidewalk adjacent to the site in accordance with City Standard No. 202, Case "A" (6' wide adjacent to curb). e) Construct Handicap Ramps in accordance with City Standard No. 205 at all curb returns within and adjacent to the project site. Dedicate sufficient right-of-way at the corner to accommodate the ramp. f) Construct Driveway Approaches per City Standard No. 203. Remove existing driveway approaches that are not part of the approved plan and replace with full height curb & gutter and sidewalk. g) All Curb return radii shall be 25 feet minimum. o Curb returns at the intersection of two arterial streets shall be 35 feet -ul1less otherWise approved by the City Engineer. 0.0 0.0 - 5. Required Engineering Permits Pag'! S of 7 Pages a) Grading permit (If applicable.). b) On-site improvements construction pennit (except buildings - see Development Services-Building Division), including landscaping~ 10/29/2003 J .' STANDARD REQUIREMENTS DEPARTMENT OF DEVELOPMENT SERVICESIPUBUC WORKS DIVISION CASE NO: DP III 03-34 DESCRIPTION: Construct 22 single family . homes on existing lot APPLICANT: ANR Industries, LOCATION: East of Sierra Way, between Inc, south of r Street and north of Ria/to Street c) Off-site improvements construction permit. . 6. Applicable Engineering Fees! a) Plan check and inspection fees for off-site improvements - 4% and 4%, respectively, of the estimated construction cose of the off-site improvements. b) Plan check and inspection fees for on-site improvements (except buildings - See Development Services-Building Division) - 2% and 3%. respectively, of ttie estimated construction cosf of the on-site improvements, including landscaping. .c) Plan check and inspection fees for grading (If permit required) - Fee Schedule available at the Engineering Division Counter. d) Drainage fee in the approximate amount as follows based on $0.1582 per square foot of net lot area - not to exceed $3,164.00 for any lot. e) Traffic system fee in the estimated amount as follows based on $184.02 per house. I All Fees are subject to change without notice. 2Estimated Construction Cost for Off-Site Improvements is based on a list of standard ~nit prices on file with the Public Works Division. 3 Estimated Construction Cost for On-Site Improvements is based on a list of standard unit prices on file with the Public Works Division. Page 6 of 7 Pages 10/2912003 ---j STANDARD REQUIREMENTS DEPARTMENT OF DEVELOPMENT SERVICESJPUBLlC WORKS DMSfON . CASE NO: DP III 03-34 DESCRIPTION: Construct 22 single family homes on existIng lot APPLICANT: ANR Industries, LOCATION: East of Sierra Way, between Inc. south of ztd Street and north of Rialto Street I f) Sewer Connection fee in the approximate amount as follows based on $327.38 per bedroom. g) Sewer inspection fee in the estimated amount as follows based on $22.03 per connection: h) Street or easement dedication processing fees in the amount of $ 200.00 per document. / Page 7 of 7 Pages 10129/2003 CITY OF SAN BERNARDINO FIRE DEPARTMENT STANDARD REQUIREMENTS Case: DYJ-rf[ (]3.=4 Date: /(J - 9 -:s / (3/ef2-~A (J.}ay! At-<..FN I?../U'J S,- ~/RIAr;r('!) Reviewed By: ~/ GENERAL REQUIREMENTS: ~ PlOIide _ 8dcIlioIW lei cC constluCtion plans to Building and Salety for Fire DepaIIment use III time cC plan check. . , . ConlacI!he City cC San Bemanlino Fire Department at (~)384-5S85 for specific delaIed ~. The ....eloper.1 provide for adequate lire how. Minimum lire flow requirements shall be based on square lootage, construction features, and 8llpOIUr8 . information supplied by !he developer and must be available I!!!!!! to placing combuslIbIe materials on s.e. . WATER PURVEYOR FOR FIRE PROTECTION: o The fll8 protection waler service lor lhe area of this project is provided by. o San Bernardino Municipal Waler Oepartmenl~ngineering (909) 384-5391 De-Valley Water District~ngineering (909)888-8986 o Olher Water pulVeyor. Phone: PUBUC ARE PROTECTION FACIUTIES: rir Public finI hydrantlI_ required aJong streels at intervals not to exceed 300 feet for commercial and multi-iesidential areas and al intervals not to exceed 500 feel for residential _as. UY' Ant hydcanl ~ 01 1.500 gpm al a 20 psi minlmum residual pressure are required lor commercial and multi-resldential areas. Minimum lite hyd<ant how 1,000 a 20 psi minimum residual pressU18 aAl required tor reslden1iaJ areas. CiI'" Fire hydrant type a . . lion shall be joinUy determined by !he CitY 01 San Bemaldino Are Department in conjunction 'Atth!he water pucveyor. FIl8 ~ materiaJs and instaAalion shan conform 10 !he standards and speclfocatlons 01 !he water purveyor. . 1!3' Public fll8 hydrants, lire services, and public water lacll<<ies necessary to meet Fire 0epar1m0nt requirements aAl the deveIoper's financlal respondlIily and shall be installed by !he water purveyor or by the developer at !he waler purveyor's discnltion. Contact 1he water purveyor Indicated above for adcitlonlII InIormation. . ACCESS: 8 Provide \'NO separate, dedicated rOU:es of ingress/egress to 1he property entrance. Tbe routes shall. be paved. all Ylea1het. ProvIde an access road to each building lor fiAl apparatus. Access roadway shaft have an a1I-woa1het driving surface of not less 1han 20 feet cC WIOb- s1Ncted lMdth. o Extend roadway to wtllln 150 feel 01 all portions 011he exterior wan of an single story buHdings. ...., Extend roadway to v.iIhln 50 leet of lho eAlerior wall of all multiple-story bulldings. Provide "NO PARKING" signs whenever parl<ing 01 vehicles would possible reduce lhe clearance of access roadways to less lIlan the required wdlh. Signs are to read "ARE LANE-NO PARKlNG-M.C. Sec. 15. t&". . d Dead-end Slreets shall not exceed 500 feet in length and shaH have a minimum 40 fcot radius turnaround. o Tbe names of any new strll8ts (public or pr....ate) shall be submitted 10 the Fire Department for approval. SITE: . o AI 8CC8$S roads and streets are to be ccnstr\JCted and usable prior 10 comb\lStibte construction. o Private lire hydrants snaO be installed t'J protect eeen building located mora than 150 feet lrom tile c:.llb Iille. No lire hydrants should be \\tthin 40 feel of any exterior waI. The hydrants shall be Wet 6..rrel type. with one 2Y1 inch and 4 inch o!Jtle~ and approved by the Are DepartmenL Areas adjacent to fire hydrants shall be designated as a 'NO PARKING- zone by painting an 8 inch wide, red SlIipe for 151eet in each direction in front ol1he hydrant in such a mamar lIlat . 1MH not be blocked by parked vehicles. Lettering to be in white &" by W. BU!J<OINGS: [It' Addl8ss numerals shall be installed ()(l lhi. butl::linJ althe fronl or other approved location in such a manner as Ie be. visible Il'Ol1Tthe Irontage stnllIl Com- Ill8Il:iIII and mUti famll). address numerals shaH be 6 ioches laIl, single lamuy address numerals shall be 4 inches taL The color 0I1he I1UI1l8IlIIa shall c0n- trast tilth !he ~ cC &he bacI<groUnd. ..... .. . o .1dlIIllIIV eedt sps and electric meter with 1he nurnbec 0I1he unit . serves. o Fn8ldlngtUhers must be installed pri.or \0 the building Daing occupied. Tbe minimum rating tor any fll'e ext~ Is 2A 10BlC. Minimum clistlIx6xl of lire exIinguishels must be such lIlat 00 inleriO! pa1 01 the building is over 75 feet travel distance from a lire extinguisher. o ~ houses ~ 16 or more units,t-.otels (mot..&s) 'M\il 20 or mora unit:;. or apartments or hotels (motels) 1hl8e stories or more In height shaM be equipped 10lth automatic fire sprinklers ddsig!l8d t,J NFPA standards. o AI buildings, over 5.000 square leet. shall "'" equippea with an automalic rwe sprinker sys!em designed to NFPA standards. ThIs includes existing buildings vacant CMlf 365 days. o Submit plans for lhe fire protection syst",..., 10 It-~ Fire Depanmenl prior to beg:nning constlUClion of the system. Perm<< required. o Tenant improvements in aU sprinkle!l!<.J bUIldIngs are 10 be approved by the Are Oe;lartment pOO< IJ start of construction. Perm<< required o Provide fire alarm (required lllrougOOU:). Pla.l5 "'US! be approved by tt-.e Rre Department prior to start of installation. Permit required. o FIl8 Department connection to spriMler ~y';lC'1l15Ianjpipe system, snaU be required at Are Departmenl approved location. B Fire Code PermM required, appIyal2il<l .last ~r:l streel. (gog) 384-5388. Are SprinIdef monitoring required. P,ans mustoe appro'/ed by Ihe Are Department pIior to lIle start oi cons1ructiun. Permit required o ()cQjpanl Load. Note: Tbe applicant must request, in wril!r,g. any chao:les 10 Fire Department requirements. AOOITIONALINFORMATION: C<J.H7~_'Tl'[&-k~a. ~pAtz:lm:;A,.r AT.,{q.;y::::;,) .-;P4- 539/ ':o~ F/~ 'MI ON -aTP..€ff..i6t-VR..AN:LS"-, IF" FLav./ no~.~ 11m ME5et"' /11{MlmlllJ1 'SrAJJnApn _; laJO GPM @.-.ZO..I?>5-i YlA1 W/U-- f36 I?~~J/~€O 'TO /)/.~A/L A.AI AL-rmmR77C t:I R€ ...spl?. (AI KlFIl ~L/IY.. filE Vrf!.t./c:::;rj /oIZE r..V . R'8 170 f03-O.1) , . .,. City of San Bernardino Public Services Department Standard Development Requirements 300 North 0 Street - 4* Floor .San Bernardino, CA 92418. RESIDENTIAL TRACTS & LOTS Collection Services . . I . Residential refuse and recycling services are to be provided by the City of San Bernardino Refuse & Recycling Division a minimum of once weekly. 2. The aty shall provide upon request one set of a blue, green, and black 96 or 64-gallon automated service cart to each single family unit, OR one set to every 2 units In multi-unit dwellings up to 8 units. 3. Commercial requirements shall apply to all multi-unit dwellings over 8 units, unless otherwise approved. . 4. Nonresidential establishments such as small offices, shops, meeting halls, or churches, which generate 2 cubic yards or less of non-bulky waste per week and are located on the same side of a residential block receiving automated cart service shall meet residential rather than commercial requirements. . Automated Cart Storage & Access S. Residential units shall construct a minimum 4 feet by II feet concrete pad located out of view of public right-of-way for storage of each set of up to 4 automated carts. If visible from the public right-of-way, the storage area shall be screened by landscaping, or masonry or solid wood fencing. SHOW ON GRADING AND SITE PLANS. "he path of travel from the storage pad to street shall be continuously paved without step or curb with 4-foot minimum gate / openings In walls and fencing. The path of travel may include a paved driveway or patio area. SHOW ON GRADING AND SITE PLANS. Service Vehicle Access 7. Projects shall meet City Engineering vehicle access requirements on all streets within a residential tract. These requ;remencs shall nO! limit requiremencs for Fire vehicle access. Curbside Service Area 8. A minimum 14-foot linear space on the street along the curb adjacent to the driveway of each residence must be dear for automated .ser.vlce carts, with a .mlnimum 2-foot setback and 13,foot .venlcal clearance of all obstructionS Such as strUctUres, . fences, and raISed landscaping. . . . Gated Access 9. Gated properties that are locked and unmanned on service days anytime between the hours of 5 AM and 5 PM Monday through Saturday shall provide access code or key to Public Services. MD/PS 6.27.2003 City of San Bernardino Public. Services Department Development Project Conditions of Approval 300 North 0 Street - 4th Floor San Bernardino, CA 92418 - Protect Number: DP III 03-34 ProJect Planner: Aron liang Review Date: 10.9:2003 Protect DesaiptlonlBuslness Name: Construct 22 SF homes on existing residential lots In two phases. ProjectlocationlAddress: 0 135-291-02 et al between Second Street and Rialto Avenue, Service Account: cart service west of Sierra Way and east of Allen Street. Reviewed By: Michelle Dyck-Tumer e-mail: dyck-turner _ mi@ci.san-bernardino.ca.us Phone: 909.384.5549 #3162 . Standard Development Requirements Project shall meet all applicable Standard Development Requirements as attached. . . Integrated Waste Management Survey Applicant shall submit an Integrated Waste Management Survey for each of the activities marked below with the initial application to Planning for approval by the Public Services Department Refuse and Recycling Division prior to Issuance of pennlts for each activity. The Infonnation contained In the Survey as well as any related comments and mitigation provided by Public Services shall be summarized In the Initial Study and EIR if required for the project under CEQA. . .-.- - ._-,.' o Demolition & Site Preparation T 0 Construction / Renovation I 0 Business Operations or Event . Additional Requirements or Recommendations . . ~. :- " MO/PS 6.27.2003 . " ';'t;,t',.'l":_q:ft ;;ilfi'~f:ll!i'" '. ,,,,';i,i;~";'I.:""""l:f">'>'~~"""~'-~ ,..,.,:~"A':j';:t}'''..'\~~~~E:~::::,r;,.~~'''~'',~;;)'l,+,",,;t,..."'" ~"""":.;" STANDARDREQ~ ,..:'{;:':,'.~' .,,, . - ....:..: ...::_..-:.::~"<of- ,.,. ,-'.".. '>;';'f>~ S. J I~"" ~;~':."::"'.! :'.''''';'~ '.:.;'\';.:';. N. ~ ~.;,.~: Pf.\ \'c.... 10('-. O~- p., ~ "t';..:..-:;..'L........\,..\.,.,.:r:.L./-'h ,.... '" ,.It J': .. 'I Da c-pilecl: Compiled By: ,">'\ , ~. ,":: ".: . )po of Project: - I \~~ I .J' r' .. I - Nambor of Uaits: .. '-1 r I . . . \ '! i . f' . .oadioa: , ~ '. f f .. .' .\ ~lt . I' " :;". YATER DEPARTMENT ENGINEERING: :01UCt: _1 f'..... I ' I r::.. Phone: . ,( ~'t/ Fax: -:~. l( ~... <") "5 L late: AU W..er Services are Subject ~o ~ ~~~& R~gu~~ ot ~ W"~ D~. ~SizoofMainAdjacootthoProject: I' c.~. ,; \ I '. , . '.. _. i 'l< P t:.~x.imato W..orPressurc: I" ~. : 'J- E1evatioo of WaJu Storqo: I :: ., '( .f 1 Hydrant Flow @ 20 psi: ~Type. Size. Location. &lid Distance to Nearest Fire Hydrant: - , .. I / IJ j<. . . ....,. I n ~ 15 rr: ~7 f': ~,\/':,~' ;..~ ~:.\ i_L, it ,- UU , :~ " ,', ~ PreaIUrc Regulator Required on Cwtomer'. Side on tho Meter. " ,'. :~: :'.~ ,~Kfj';~"';7 ) Off..ite 'Y""er: Facilities Required. ) Area Not Served by San Bernardino Municipal Water Department. ) Commeats: r..., ."- ...'. " ....-. .-, '.. ..:..'.: , " '. ---' '--'-' . "'" , " n R OUALITY CONTROL: ~1Ct: c.., r ! J ;" " t, Phone: (R.P.P. &ckflow Device Required ~ Service Connection. j'Double Cbeclc Bacld10w Device Required at ~ervice Connection. , I BaddIow Device 10 be Inspected Before War Service can be Activated. ) No Backftow Device ReqUired at This Time. .. j' 1'- -' :;. I ;.... of Fax: ::: .f;., i 9':.'::,,', ~NVlRONMENT AL CONTROIJlNDUSTRIAL WASTE: ............... ^ "'~ ,-'-\/ ,.....\ :=, ~. ',' '.', "f', - c, 2,<;.~,~' " .......-. t' _ L', t. '.-"y Phone: - ,;..... Fax: ~- . . . ~ , .' .. .'. '. ~', NO BriDe ~ive W..er Softener:. ,May bcln&ta11cd. Unlcss Holding and Hauling is Provided for tba,Brine~ ~ ~or,'>': . .' . .' " .' ~ .. .~. '. ~ . 0.,:" -: will be a 1200 Gallon Capacity with a Sample Box Included. ' ," " '.. ""'''~:.' '.. ] Industrial WastePennit Required. ' :...~," ] Grease Interceptor Required. o SandlOilIoterceptor Required. ~ No 1&sues at this Time. The Westside Action Group was concerned that our Councilperson, councilman Rikke Van Johnson, was accused of improprieties in regards to his association with the property located at Allen Street and Rialto Avenue. Therefore we conducted our own investigation and my comments in this letter to the council contain the results of our investigation. Councilman Johnson is the nephew of Bonnie Johnson, owner of said property, as well as her employee. His position calls for him to be in charge of numerous financial obligations. On March 28, 2005, Bonnie Johnson sent a Certified letter to the Economic Development Agency, and it states "Regarding Rialto Avenue and Allen Street, Dear Mr. Van asdel, This is in response to the letter sent out regarding your desire to take our property through eminent domain. We are in the process of developing three homes on that parcel. We will be willing to accept an ofter of $350,000.00 to cease and desist. If we don't hear from you, we will proceed with our development plans. For questions or additional information, you may call Rikke Van Johnson at (909) 725-1053. Respectfully, Bonnie S. Johnson." This number is Councilman Johnson's personal cell phone number. This is the same number that appears on the tape in question. The City issued cell phone number was not given as the number to call as alleged numerous times at the last council meeting. When the property came up before the City Council, at all times Councilman Johnson has abstained from taking part in any action. Because of his desire to address the council as a representative of Bonnie S. Johnson and also because of the appearance of a conflict of interest, a ruling was sought by the Fair Political Practices Commission to see if this was allowable. On May 19, 2005 the FPPC ruled that it was a conflict of interest and that he should not participate when the issue of this property came forward before the council. That decision represented the termination of the FPPC inquiry, mischaracterize as an investigation. I have a copy of that inquiry to submit into the records. In conclusion I like to end this with an interrogative and maybe this is a question that the council members on the dais should ask as well. Why is it that when making a decision of this nature, all of the information necessary to make a knowledgeable determination seems to be only fully available to just one councilperson? R::<' /0/3/ tJS- \ ~ <J " .j ~ i ;~'11 cu . ~:;-, E 0=- c>> .~ ~ ~ c: '" C) ~ ~ cu .Q .. "t; c .. ( w e >-1: ~~ U)ca uE Of>> UCl:I ~;; j, C>>CI) (3_ >Q -> 't --.. <j ui::i J ':,\-ll-' .of .,., . ~"~' O,V '.:11' '_~ ~~!, ,- F':,:\-::, :i~',-,-:._:!1O '-'..':. "'0 ';", ,,~,~:'t\'" .,...... C-,~ c~"~ -4( '~ORl>l\ F A I f{ P ()[ IT 1 C\ I P R ,\ ( II ( I. S C () \1 \ 11 S S 1 () \ -L2:-;.l SIIL'L't . _')lIlll' ()~() . SilLI;lllll'l\!\I_ l.\ l)_';;:-;I-t~_l~l) IlJl()1 ;'~ ';;;(J(lll . !.';I\ I'ill), '-.:~{);..;,'...;() May 19, 2005 Huston T, Carlyle Jr. I FWl~~ RRISE30IS BISGAARD & S\;IITH U f' .,\~L,:-lli.,:~"S t..t Ld\\' ()jO East Hospitality Lane, Suite 600 San Bernardino, CA 92408 Re: Your Request for Advice Our File No. A-OS-081 Dear Mr. Carlyle: This letter is in response to your request on behalfofCouncilmember Rlkke VIlIl Jllhnson for advice regarding the cont1ict-ot~interest provisions of the Political Ret<mTl ,\ct (the "Act"), I QUESTION Is Councilmember Rikke Van Johnson disqualiticd from votiilg and making, participating in making, or using or attempting to use his official position to intluence the outcome on agenda item(s) coming before the San Bernardino City Council/Community Development Commission which involve real property owned by a relative who is also the sole owner of a company which employs Councilmember l'Jhnson" CONCLUSION Councilmember Johnson is disqualitied trom taking any part in these decisions, because it is reasonably foreseeable that these decisions would have a material tinancial effect on his aunt and employer. Ms, R'lIlI1ie Johnson, FACTS Councilmember Rikke Van Johnson \vas electcd in the Nllvemoer 20()) election, lie is also the sole employee and the manager (If a hail hllnds C0111panv whullv uwned h\ I ljovernment Code seetl(lIlS S I 000 l) I 0 14 l ,'lllllll""11l re,:ul<iII(lIlS appear at 1 It Ie 2. seel1,lIb I S I O'i-I s9'i7, of the CalIfornia C'ode (1f RegulatJl1l1s. File No. A-05-081 Page No.2 his aunt, Ms. Bonnie Johnson, who is doing business under the name of Greenwood Bail Bonds, a business located in the City. Councilmember Johnson and his aunt are the only persons on the Greenwood Bail Bonds payroll. Councilmember Johnson is a salaried, at-will employee, who is paid twice a month. His annual salary is considerably in excess of $500. In her individual capacity, Ms. Johnson owns a parcel ofreal property in the City, which currently is the subject of purchase and sale negotiations and/or eminent domain proceedings with the City's Redevelopment Agency. This property is located more than 500 feet from Councilmember Johnson's residence and his place of business, Greenwood Bail Bonds. Tbc Redevelopraent Agency's governing body is the San Bernardino Community Development Commission, composed of the mayor and city council. Any agreement negotiated relative to this property would require Commission ratification. If no agree- ment is reached, authorization to initiate eminent domain proceedings would require Commission approval after a public hearing. As previously noted, Councilmember Johnson is a member ofthe Commission by virtue of his position on the city council. The property at issue in these proceedings has been appraised at approximately $75,000. Ms. Johnson, as owner of the property, is asking for $350,000. Councilmember Johnson indicates that his salary and/or annual income would not be affected by the money received by his aunt for the subject real property. ANALYSIS Your question concerns the Act's conflict-ot~intercst provisions. Section 87100 prohibits any public official trom making, participating in making, or otherwise using his or her official position to intluence a governmental decision in which the official has a financial interest. A public official has a "financial interest" in a governmental decision, within the meaning of the Act, if it is reasonably foreseeable that the governmental decision will have a material financial effect on one or more of the official's economic interests. (S 87103; reg. 18700(a).) The Commission employs an eight-step analysis for determining whether an official has a disqualifying contlict of interest in a governmental decision. (Regulation I 8700(b )( 1 )-(8).) Step One: Is Councilmember Johnson a Public Official? The Act's contlict-ot~interest provisions apply only to "public officials." (99 871 00, 871 03; regulation I 8700(b)(l ).) A "public otticial" is "every member, officer, employee or consultant ofa state or local government agency...." (982048.) As a member of the city council, Councilmcmber Johnson is a public otticial subject to the Act's contlict of interest rules. File No. A-OS-081 Page No.3 Step Two: Will Councilmember Johnson Be Making, Participating In Making, Or Using His Official Position To Influence A Governmental Decision'? The Act's cont1ict of interest provisions come into play onl y when a public official makes, participates in making, or in some way attempts to use his or her official position to int1uence a governmental decision in which the official knows - or has reason to know - that he or she has a financial interest. (9 871 00.) A public official "makes a governmental decision" when the official, acting within the authority of his or her office or position, votes on a matter, obligates or commits his or her agency to any course of action, or enters into any contractual agreement on behalf of his or her agency. (Regulation 18702.1.) A public official "participates in a governmental decision" when, acting within the authority of his or her pCositior. and \vithout significant intervening substantive revip.w, the offi~ial negotiates, advises or makes recommendations to the decisionmaker regarding the governmental decision. (Regulation 18702.2.) A public official is attempting to use his or her official position to int1uence a decision if, for the purpose of int1uencing, the official contacts or appears before any member, officer, employee, or consultant of his or her agency. (Regulation 18702.3.) Your question presupposes that, unless disqualified by cont1ict of interest rules, Councilmember Johnson will make, participate in making, or use his official position to int1uence a governmental decision regarding negotiation of a real property purchase agreement and/or an eminent domain proceeding against the property. Step Three: What Are Councilmember Johnson's Economic Interests? There are six kinds of economic interests recognized under the Act. Those potentially relevant to the facts you describe are the f(.)llowing: . A public official always has an economic interest in any source of income, including promised income, which aggregates to $500 or more within 12 months prior to the decision (9 87103(c); Reg. 18703.3). . A public official has an economic interest in any business entity in which he or she is an officer, director, partner, trustee, employee, or holds any position of management. (9 871 03( d); Reg. 18703.1.) . A public official has an economic interest in his or her personal finances, including those of his or her immediate family - this is the "personal financial effects" rule (S 87103; Reg. 18703.5). You advise that Councilmember Johnson is employed by Greenwood Bail Bonds, a business entity paying him a salary "considerably in excess" of $500 per year. It seems clear then that Councilmember Johnson has an economic interest in this business entity. File No. A-05-081 Page No.4 You have not offered any details on the legal form of this business entity, whether it is a wholly-owned corporation or a sole proprietorship, for example. But you indicate that the business is wholly owned by Ms. Johnson, and your account of the facts does not suggest that any person other than Ms. Johnson dirccts or controls its business decisions. You describe Councilmember Johnson as an at -wi II salaried employee, and you state that there is no third person on the payroll. Assuming that Ms. Johnson is the sole owner of Greenwood Bail Bonds and that she is the person who controls the business, we must conclude that Ms. Johnson herselfis a source of income to Councilmember Johnson. The Commission has long advised that when the ownership and control of a business entity is vested in a single person, that person herself will be regarded as a "source of income" under the Act in addition to the business entity she owns and operates. See generally In re Nord, (1983) 9 FPPC Ops. 6, and the Kerb Advice Letter, No. A-99-1! 3. You have told us that Councilmember Johnson's salary and annual income will not be affected by any decision on Ms. Johnson's real property, and you have not offered any other reason to believe that this decision would have a personal financial effect on Councilmember Johnson or members of his immediate family, so we will not consider "personal financial effects" further.2 Step Four: Will Councilmember Johnson's Economic Interests Be Directly Or Indirectly Involved in Governmental Decisions? The Act's conflict of interest rules distinguish between economic interests that are directly involved in governmental decisions, and those that are only indirectly involved. Regulation 18704.1 (a) provides: "(a) A person, including business entities, sources of income, and sources of gifts, is directly involved in a decision before an official's agency whcn that person, either directly or by an agent: (1) Initiates the proceeding in which the decision will be made by filing an application, claim, appeal, or similar request or; (2) Is a named party in, or is the subject of, the proceeding concerning the decision before the official or the official's agency. A person is the subject of a proceeding if a decision involves the issuance, renewal, approval, denial or revocation of any license, permit, or other entitlement to, or contract with, the subject person." ! "Immedwte family means the spouse and dependant childrcn." (~X2029.) Financial effects on IllS aunt, Ms. Johnson, therefore would not disqualify Councilmcmhcr Johnson as "personal tinancial effects .. File No. A-05-081 Page No.5 In all other cases, persons that arc sources of income will be "indirectly" involved in the decision. As you describe the circumstances, Ms. Johnson will be a named party in, and her real property the subject ot~ any negotiation for purchase of the property, and of any subsequent decision regarding eminent domain proceedings against the property.' Ms. Johnson and her real property are therefore directly involved in the governmental decisions you describe. Steps Five and Six: At What Point Does The Effect Of A Governmental Decision On These Economic Interests Become Material, and Is it Reasonably Foreseeable That The Effects Will Be Material? The next step involves determining the materiality standard applicable to Ccuncilmcmber Johnson's economic interests, as estahlished by regulations 18705 et seq. After determining the level of economic effect considered to be "material" for each economic interest, we must then decide whether it is "reasonably foreseeable" that the effect of a given decision on a given economic interest will be "material." (Regulation 18700(h)(6).) An effect is considered "reasonably foreseeable" ifit is "substantially likely." (Regulation 18706; in re Thorner (1975) I FPPC Ops. 198.) Whether the financial consequences of a governmental decision are "substantially likely" at the time the decision is made depends on the specific facts surrounding the decision. A financial effect need not be a certainty to be considered reasonably foreseeable. On the other hand, if an effect is only a mere possibility, it is not reasonably foreseeable. (Jd.) Absent exceptions which do not apply to the circumstances you have described, any financial effect on a source of income which is a business entity directly involved in a governmental decision is presumed to be material (regulation 18705.1 (b)( I )). As to Ms. Johnson, any financial effect is deemed to be material under regulation 18705.3(a). The presumption regarding effects on the business entity may be rebutted by contrary evidence. However, it is Ms. Johnson, not Greenwood Bail Bonds, who owns the real property at issue. Our focus is thus on Ms. Johnson, and Regulation 18705.3(a) conclusively provides that any financial effect on her would be material. 4 Since the inevitable outcome of any transfer of Ms. Johnson's real property, whether by purchase under a negotiated a.b'feement or through eminent domain, is a payment to Ms. Johnson ranging tTom $75,000 to $350,000 in exchange for her rights in "' When a parcel of real property is the subject of the kinds of governmental decisions at issue here, the owner of that real property is necessarily a party to the proceedings and thus is directly involved in that decision. (See, e.g., the Hallinan Advice Letter, No. A-OO-282.) 4 There is also a separate materiality provision which applies in cases where there is a "nexus" between duties owed by a public official to a source of income and to the official's public agency This rule is applicable when a public official is paid by a private person to accomplish some action within the official's public decisionmaking authority. (Regulation I 870S.3(c).) However. the nexus standard docs not apply in the present case since it does not appear that Councilmember Johnson is being paid by Ms. Johnson to assist in her real estatc sales ncgotiations or any subscqucnt cmincnt domain procecdings File No. A-05-08! Page No.6 the real property, it is reasonably foreseeable that governmental decisions on the transfer would have a material financial effect on Ms. Johnson. Council member Johnson then would have a conflict of interest in such decisions. Steps Seven and Eight: Exceptions. An official who might otherwise have a conflict of interest in a particular decision may still participate in that decision if the circumstances are such that an exception to the conflict of interest rules might apply. The "public generally" exception may be invoked when the financial effect of a decision upon a public official's economic interests is not distinguishable from the effect of the decision on a significant segment of the public generally. (Section 87103; regulation 18707(a).) Your account of the facts does not suggest that the "public generally" exception might apply in this case. An official with a confhct of interest may still participate in the decision under the "legally required participation" exception. This is an exception that typically applies when an agency is unable to assemble a quorum of its members without participation of an official who has a conflict of interest. Again, you have not suggested that this exception need be considered at present. If you have other questions on this matter, please contact me at (9 I 6) 322-5660. Sincerely, Luisa Menchaca General Counsel ~ ).1J~ By: Lawrence T. Woodlock Senior Counsel, Legal Division L TW:rd !:\ /\dviceLtrs\05-0S1