HomeMy WebLinkAboutR38-Economic Development Services
SAN BERNARDINO CITY HOUSING AUTHORITY
FROM:
Maggie Pacheco
Executive Director
SUBJECT:
Hearing - Resolution of Public Interest and
Necessity for Acquisition of Real Property at 100,
114 and 122 North Allen Street (Bonnie S.
Johnson - APN: 0135-292-49, 50 and 51
respectively), San Bernardino, California
e
DATE:
January 16. 2007
------------....--------------..----------.--------.....------------.------.--....-------
Svnopsis of Previous Commission/Council/Committee Action(s):
On February 3, 2003, the Community Development Commission approved the Meadowbrook Single Family Residential Grant
Development Agreement between the Agency and ANR Industries, Inc. for the development of 23 single-family homes in the
area between Sierra Way and Allen, 2" Street and Rialto Avenue, commonly referred to as the Meadowbrook Area.
On May 17, 2004, the San Bernardino City Housing Authority and the Redevelopment Agency entered into a Redevelopment
Cooperation Agreement in order that the Authority could assist the Agency in fulfilling its obligations under the Grant
Agreement with ANR Industries, Inc., also referred to as Meadowbrook Park 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 with Meadowbrook Park Homes, Inc. for the development of 8 more single-family homes in the
Meadowbrook Area.
On June 20, 2005, the San Bernardino City Housing Authority approved Resolution No. SBHA 2005-3, declaring the Public
Interest and Necessity of Acquisition of Real Property located at the northwest corner of Rialto Avenue and Allen Street, the
subject of this Staff Report.
On October 3, 2005, the San Bernardino City Housing Authority approved Resolution No. SBHA 2005-4 rescinding Resolution
No. SBHA 2005-3 after the execution of the Owner Participation Agreement (OPA) by and between the Property Owner and
the Redevelopment Agency.
e
On October J 6, 2006, the San Bernardino City Housing Authority considered a Resolution of Public Interest and Necessity for
the acquisition of real property located at the northeast corner of Rialto A venue and Allen Street due to the lack of performance
by the Property Owner but tabled the item to provide additional time to resolve differences and to use condemnation authority
as a last resort.
______________........_____________________________..n.._._________..______________________________________________________________________________________________________.__________________________
Recommended Motion(s):
Open/Close Hearing
(San Bernardino Citv Housine Authoritv)
Resolution of the San Bernardino City Housing Authority declaring the Public Interest and Necessity of Acquisition
of Real Property by the San Bernardino City Housing Authority over the property located at 100, 114 and 122 North
Allen Street. San Bernardino, California (Bonnie S. Johnson - APNs: 0135-292-49, 50 and 51 respectively) (IVDA
Redevelopment Project Area - Meadowbrook Neighborhood Restoration Area)
Contact Person(s):
Project Area( s)
Maggie Pacheco
Phone:
(909) 663-1044
IVDA Redevelopment Project Area
Ward(s):
Supporting Data Attached: 0 Staff Report 0 Resolution(s) 0 Agreement(s)/Contract(s) 0 Map(s) 0 Lellers
Approx.
FUNDING REQUIREMENTS Amount: $ 350,000 Source: Agency Low/Mod Housing Fund
SIGNATURE:
Budget Authority:
2006/2007 EDA Budget
;},j~~u-~js.-;tf
Barbara Lindseth, Administrative Services Director
e.-co;;;issi.;-.;-;C~~~-~-iTN~i~~;-----u---u--.----u.-----u.___.______u_______u___________________________________-----------------
P:\Agenda$\Housing Aulhofitv\lU07\OI-11-07 B. John!;on. Il.l'Wlution ofNCt:nSllv l-tA SR doc
HOUSING AUTHORITY AGENDA
Meeting Date: 01/22/2007
Agenda Item Number: Rs g
IU
e
e
e
SAN BERNARDINO CITY HOUSING AUTHORITY
STAFF REPORT
-----------..---------------.-----.--------------------------
HEARING - RESOLUTION OF PUBLIC INTEREST AND NECESSITY FOR ACQUISITION
OF REAL PROPERTY AT 100, 114 AND 122 NORTH ALLEN STREET (BONNIE S. JOHNSON
_ APN: 0135-292-49,50 AND 51 RESPECTIVELY), SAN BERNARDINO, CALIFORNIA
BACKGROUND/CURRENT ISSUE:
On February 3, 2003, the Community Development ,Commission ("Commission") approved the 2003
Meadowbrook Single Family Residential Grant Development Agreement ("2003 Agreement") with ANR
Industries, Inc. ("ANR"), for the development of23 new single-family homes ("New Homes"). ANR has
since completed the construction, sold all 23 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 Redevelopment Agency of the City of San Bernardino ("Agency") and San
Bernardino City Housing Authority ("Authority"), Meadowbrook Park Homes, Inc. (a subsidiary of ANR
Industries, Inc.), acquired additional properties for the Phase lA, development of 8 additional New
Homes, under the 2005 Meadowbrook Single Family Residential Development Agreement ("2005
Agreement") approved by the Commission on January 10,2005.
On February 2, 2004, the Commission and the Authority directed Staff to proceed with the acquisition of
various properties located within the Target Area. Offers to acquire the properties were sent out to
property owners after the appraised value of each property was determined. Bonnie S. Johnson
("Owner") owns the vacant property located on the northwest comer of Allen Street and Rialto Avenue
("Property") elected not to sell the Property to the Agency but rather wanted to exercise her Property
Owner rights for the development of her Property. (See Map of Property - Exhibit "A"). 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 Authority exercising
its powers of condemnation. The Owner did not return an executed OP A to Staff.
On June 20, 2005, the Authority adopted Resolution No. SBHA 2005-3, 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 in order to give Staff and the Owner an opportunity to work out the
terms and conditions of an OPA. Should the Owner execute the Property OPA, then the Agency would
delay taking any further condemnation action until.the Owner met the terms and conditions of the OPA.
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 September 15,2005.
By executing the OP A, the Owner agreed to comply with the residential development design standards
approved for the Target Area by the Planning Commission as per the Schedule in the OPA. The proposed
development consisted of 3 single-f<fmily homes of at least 1,500 square feet in size with 3 bedrooms, 2
baths with an attached garage similar to ANR's Plan C Spanish and Craftsman's development style
("Project"), The OPA requires that the Owner, at her expense, procure appropriate plans for construction
for the Project within 3 months of the execution of an OPA; obtain all necessary permits and
authorizations to proceed with construction from the City within 6 months; commence construction of the
Project within 9 months; and complete the construction of the Project per City zoning and building
regulations; last but not least, the Owner, must sell the Project to homebuyers that commit in writing, to
-;~\Age.;~~~::~~~-~~:I;:~~I-~~;~~ 1.-2-;~;-~--;:~~-s:~---~~:~~::~~;~:~~~~:;.~-~-;;-~::-----------------------------------------------Ho"iisiNC-AUjHORITYA-C'ENO-i-
Meeting Date: 01/22/2007
Agenda Item Number:
San Bernardino City Housing Authority Staff Report
Bonnie Johnson - Resolution of Necessity (APNs: 0135-292-49, 50 and 51)
Page 2
e live in the home as their primary residence no later than 18 months from the effective date of the OP A.
Should the Owner fail to comply with the provisions of the OPA, the Agency, through the Authority, will
retain its legal right to exercise its power of condemnation pursuant to the terms of the Cooperation
Agreement between the Agency and the Authority. Because the Owner executed the OPA, Resolution
No. SBHA 2005-3 adopted on June 20, 2005 was rescinded on October 3, 2005 with the Authority
approving Resolution No. SBHA 2005-4 to give the Owner time to perform under the terms of the OPA.
In an effort to perform under the OP A, the Property was divided into 3 separate parcels that were assigned
new APN's and addresses. The Property is now defined as 122 North Allen Street (APN: 0135-292-49),
114 North Allen Street (APN: 0135-292-50) and 100 North Allen Street (APN: 0135-292-51)
(collectively referred to as the "Property").
Further, the Owner requested and received the following building permits: I) 80502243 issued on July
15,2005; 2) B0503659 issued on November 3,2005; and 3) B0503573 issued on November 1,2005. All
3 permits expired on December 9, 2006, November 3, 2006 and December 9, 2006 respectively. Since
the permits were issued, other than minimal footings installed, there have been no improvements nor any
housing unit developed on the Property.
e
In order to facilitate the implementation of the 2005 Agreement, it has become necessary to move forward
with the Project in light of the various opportunities and courtesy afforded the Owner and the inability of
the Owner to perform under the OPA. On September 15,2006, a Notice of Default and Termination of
the 2005 Property Owners Participation Agreement ("Termination Notice") was sent by certified mail
with a return receipt requested. Staff also attempted to hand deliver the Notice on September 19,2006 to
the Owner's address at 115 South Waterman Avenue, San Bernardino, California 92408 and the Notice of
Default was refused by a representative of the Owner. On September 19, 2006, the Agency received a
postal Notice of Delivery showing that on September 18, 2006, the Owner acknowledged receipt of the
Termination Notice.
On October 23, 2006, the Agency received a letter from the Owner dated October 17, 2006 in response to
the Termination Notice. In the letter, the Owner stated, "On March 30, 2006, I decided to cancel the
construction of the 3 residences to be built on the above listed property." The property that the Owner
was referring to was the Property that was the subject of the OP A. This is the first communication from
the Owner that she was having any problems. The Owner asked for an additional 6 months to complete
the sale of the Property to a third party and to allow the new owners time to complete the development of
the Property under the OPA.
On November 22. 2006, the Agency sent a letter to the Owner acknowledging receipt of the October 17,
2006 letter asking for a 6-month extension. The Agency stated that the OP A had effectively terminated
upon the Owners receipt of the Termination Notice. Although the Agency was prepared to recommend
condemnation action in order to purchase the Property, the Agency again offered to purchase the
Property. The amount offered for the Property was $300,000, as reflected in an updated appraisal dated
October 17, 2006. To this offer, the Owner made no response.
e
;~~:-~::~-~~;~~~~~-~;~~-I--;;:;;';";~~::'~.";;::~~;~-I~:;~:~~::~.~~_;;~:~________________________..m.__..._...---b-HOTisi"N-G AUTHORiTY AG ENii~--
Meeting Date: Ot/22/2007
Agenda Item Number:
San Bernardino City Housing Authority Staff Report
Bonnie Johnson - Resolution of Necessity (APNs: 0135-292-49, 50 and 51)
Page 3
e
On December 19, 2006, the Agency again sent an offer letter for $300,000 to the Owner for the purchase
of the Property. In the letter, the Agency requested that the Owner respond by December 29, 2006.
Again, the Owner has made no response.
To this point, at the request of the Agency, the Authority has not acquired the Property because the
Property Owner desired to develop the Property but the Owner has not complied per the terms of the 2005
OPA nor has the Owner accepted the Agency's offer to purchase. Consequently, on January 3,2007, in
conformance with the Code of Civil Procedure Section 1245.235, a Notice of the January 22, 2007
hearing on the adoption of a Resolution of Public Interest and Necessity was sent by certified mail and
first class mail to the Owner whose name and address appears on the last equalized county assessment roll
as set forth in the Resolution, in order to afford such Owner a reasonable opportunity to be heard by the
Authority. Additionally, the Notice of the hearing was published on Saturday, January 6, 2007 in The
Sun newspaper. The hearing for the Owner by the Authority and the adoption of a Resolution of Public
Interest and Necessity are legal preconditions to the exercise of the Authority's power of eminent domain.
Moreover, Code of Civil Procedure Section 1245.230 requires that the Authority make the following
findings and that each be included in the Resolution of Necessity:
e
e
1.
The public interest and necessity requires the acquisition of the Property: The Agency and
the Authority have a Redevelopment Cooperative Agreement ("Agreement") to facilitate the
development of affordable housing within the lVDA Redevelopment Project Area ("Project
Area"). Furthermore, the Agency executed a 2005 Agreement with Meadowbrook Park Homes,
Inc. for the development of affordable housing within the Project Area, which includes the
Property. During the past year, the Agency and the Authority have acquired several parcels of
land within the vicinity of the Property. The Agency and the Authority find it appropriate to
continue the program of land assembly and to acquire this additional Property to provide needed
affordable housing units.
2. The Proiect is planned or located in a manner that will he most compatible with the ereatest
public eood and the least private iniurv: The Agency and the Authority have increased their
efforts to address conditions of blight in this area of the Project Area and to foster the development
of affordable housing, increase property values and to prevent the spread of blight into other
surrounding neighborhoods. The Property is vacant and displays a number of conditions of blight
and redevelopment of the Property will eliminate blight and provide needed affordable housing in
the Project Area.
3.
The subiect Property is necessary for the Proiect: The Authority previously acquired several
parcels of real property in the vicinity of the Property and desires to acquire the Property to
provide sufficient contiguous land for the Project. The Project is planned or located in the manner
that will be most compatible with the greatest public good and the least private injury in light of
the fact that the Property included in the Project Area displays a number of symptoms of blight.
The Project shall also facilitate land assembly and reuse of an underdeveloped urban area that has
stagnated in recent years under the burdens of small lot size, diverse ownership, abandoned
properties, and property tax liens. The Project will also confer substantial environmental benefits
upon the Project Area and the community generally, in accordance with the General Plan of the
City of San Bernardino.
P:\Apndas\HGusina ...utbority\2007\01.22~7 S. Johnson. Resolution ofNeccssity HA SR.doc
HOUSING AUTHORITY AGENDA
Meeting Date: 01/22/2007
Agenda Item Number:
San Bernardino City Housing Authority Staff Report
Bonnie Johnson - Resolution of Necessity (APNs: 0135-292-49, 50 and 5 I)
Page 4
.
4. The Government Codeli 7267.2(a) offers have been made to the record PropertY Owners:
On December 18, 2003 and February II, 2005, the Authority submitted formal acquisition offers
to the Owners of the subject Property. The offers complied with Government Code ~ 7267.2. On
July 26, 2005, the Owner executed the OP A with the Agency and was unable to perform under the
terms of the OPA and a Notice of Default and a Termination of the 2005 OPA was mailed to the
Owner on September 15, 2006 by the Agency. On September 19, 2006, the Agency received
acknowledgement of postal delivery dated September 18, 2006 executed by the Owner. On
November 22, 2006 and December 19, 2006, the Authority again submitted formal acquisition
offers to the Owner for the subject Property to which the Owner has made no response. Therefore,
on January 3,2007, in conformance with the Code of Civil Procedure Section 1245.235, a Notice
of the January 22, 2007 hearing on the adoption of a Resolution of Public Interest and Necessity
was sent by certified mail and first class mail to the Owner in order to afford the Owner a
reasonable opportunity to be heard by the Authority. Additionally, the Notice of the hearing was
published Saturday, January 6, 2007 in The Sun newspaper. Because of the above reasons, the
Authority is requesting approval of a Resolution of Necessity to allow the Authority to proceed
with the acquisition of the Property.
ENVIRONMENTAL IMPACT:
e
The proposed action or Project is exempt from the Califomia Environmental Quality Act (CEQA),
pursuant to ~ 15332, Class 32 which consists of projects characterized as in-fill development meeting the
conditions described as follows: (a) the Project is consistent with the applicable general plan designation
and all applicable general plan policies as well as with applicable zoning designation and regulations; (b)
the Project occurs within city limits on a project site of no more than 5 acres substantially surrounded by
urban uses; (c) the Project site has no value as habitat for endangered, rare or threatened species; (d)
approval of the Project would not result in any significant effects relating to traffic, noise, air quality, or
water quality; and (e) the site is adequately served by all required utilities and public services. As a result,
the Commission adopted a Categorically Exempt determination under CEQA with a Notice of Exemption
filed with the County Clerk for the Project pursuant to the approved 2005 Agreement on January 14,
2005.
FISCAL IMPACT:
The cost of this transaction includes acquisition costs, legal and court costs normally associated with
condemnation proceedings at an estimated cost of $350,000.
City Housing Authority adopt the attached Resolution.
e
P:\AaendU\Howill& Awthorily\2007't01.U..o7 B. Jolnoa. bsoJutiocl orN~y HA SR.dol;;
HOUSING AUTHORITY AGENDA
Meeting Date: 01/22/2007
Agenda Item Number:
e
-
::.::
~
'"
e
en
c-...
I
on
'"
C>
o
"
."
~
o
"
~
..
mO
..
,,~
0'"
"'..
~
-
lJ
o
~"<t
>-,....,
>-'--
Q)tO
o .
c> <D
.::::E
c
-
n.
-'
~-
~o
f-
-0
::~
~.
-.
_0
:;::
'0
~;
-0
0""
~ N
_X_
__ 00
U..........
-JltlM- - - -,
: I
I
'''I
:t
:t
f
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
+'
:l:
t
I
I
I
I
I
I
I
I
I
I
I
1 I !
~ f ~
i.. j
" I " I
:; I _ I
l___ -Hl- - - -- - -- _...L -- - - - - - ~ -fH}'IS. -=- - - j
~lIll~
@
r - -:: HlHt- - - - - - - - - -;- - - - - - - - -
I"
.. .. : ..
:
@ @ @ @ @ -
. -
'" :: ;:; N
N
::: ,;:
:@.
. -
. @'" ~@ .
@~ ~@
@'" :::;@
@:o ~@
@. :::@
- -
@=' ~ O@
~ -
@N Y ;;;@
o _
@ := N @
~
@" ~ @
~
@ ~ . @
~
@~ ~@
. @~ -@ .
~ -
@ @ .
- ~ . . ~ N , -
@ @
,
. @: @:
o , .
HI' HI'
:h
:t
:J;
I
@
@
.
+
, @: ,
. - ,
,
, @: @ @ @;
. . 0 N
'" , ;:; ::: .-
N N N
@ ,
.
'"
. @~ ~@ .
- - N _
@~ -@
N -
@- ~@
- -
@:o ~@ "
N - -
@. ~@
o _
@~ ~@
o _
@N -@
o _ ~ -
@- :;:@
o _
@O ~@
o _ ~ -
@~ .@
~ -
@~ ~@
. @~ ~@ .
:@ @ ;@.
~ N -
;- :@~; . :@
, ,
, , .
:@ -
:@
'" CuI ..
:!:
:t
T
I
I
j;
;;:
T
I
@
~.==~
........ --
..........00
............,.....
;:~;;~2
~ ~~~~ .
~
C
<>>=-
NO
<..>
..
......0
OOC
:2a..;;
~
~ono
-.......,C
O-~
~"'..
" m
.....
"0"
"00
"'m'"
'"
u~
......
'" .
""
''''
-=-:
a.......
@V~~
-=
=
~
o
o
N
-
:
.
-':
e 1
2
3
4
5
6
7
8
9
10
11
12
13
e14
15
16
17
18
19
20
21
22
RESOLUTION NO.
RESOLUTION OF THE SAN BERNARDINO CITY HOUSING AUTHORITY
DECLARING THE PUBLIC INTEREST AND NECESSITY OF
ACQUISITION OF REAL PROPERTY BY THE SAN BERNARDINO CITY
HOUSING AUTHORITY OVER THE PROPERTY LOCATED AT 100, 114
AND 122 NORTH ALLEN STREET, SAN BERNARDINO, CALIFORNIA
(BONNIE S. JOHNSON - APNS: 0135-292-49,50 AND 51 RESPECTIVELY)
(IVDA REDEVELOPMENT PROJECT AREA MEADOWBROOK
NEIGHBORHOOD RESTORATION AREA)
WHEREAS, the San Bernardino City Housing Authority (the "Authority"), a public entity
created pursuant to the Housing AuthoritiesLaw (Health & Safety Code Section 34200, et seq.), is
authorized to acquire and redevelop blighted properties located within the City of San Bernardino
(the "City"), as authorized by the Housing Authorities Law; and
WHEREAS, on February 3, 2003, the Community Development Commission
("Commission") approved the Meadowbrook Single Family Residential Grant Development
Agreement ("2003 Agreement") with ANR Industries, Inc., ("ANR") for the development of 23
new single-family homes for sale and occupancy by homebuyers ("New Homes"); and
WHEREAS, on February 2, 2004, the Commission, as the governing board of the.
Redevelopment Agency of the City of San Bernardino (the "Agency"), directed Staff to assemble
and acquire properties in the Meadowbrook Park Revitalization Area ("Area") 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 units into safe, sanitary and
23 decent housing ("Project"); and
24 WHEREAS, the Area is bounded by Sierra Way and Allen Street, 2nd Street and Rialto
25 Avenue in the City; and
26 WHEREAS, on May 17,2004, the Authority and the Agency entered into a Redevelopment
e27 Cooperation Agreement (the "Cooperation Agreement") in order for the Authority to assist the
28 Agency in fulfilling its obligations under the 2003 Agreement; and
P:\Agmdu\Hous;llg AUlho(u.y\2007\01-22-07 B 101,,,so/1- Resol"liou ofNecc~~;IVHA Reso.doc
_1
WHEREAS, ANR, through its subsidiary Meadowbrook Park Homes, Inc., has constructed
2 and sold all 23 New Homes in fulfillment of its obligation under the approved 2003 Agreement;
3 and
4 WHEREAS, on January 10, 2005, the Commission approved the Meadowbrook Single
5 Family Residential Development Agreement ("2005 Agreement") for 8 additional single-family
6 homes; and
7 WHEREAS, the 2005 Agreement expanded the boundary of the Area eastward to
8 Waterman Avenue from Allen Street with Sierra Way on the west, between 2nd Street to the north,
9 Rialto Avenue to the south; and
10 WHEREAS, Bonnie S. Johnson ("Owner") owns the property situated at the northwest
11 corner of Allen Street and Rialto Avenue, San Bernardino, California 92408 (APN: 0135-292-39)
12 (the "Property") located within the Area; and
13 WHEREAS, on October 6, 2003 and again on February 4,2005, the Property was appraised
_ 15
14 by an independent appraiser for the Authority; and
WHEREAS, on February 11,2005, the Authority sent an offer to the Owner to acquire the
16 Property in lieu of condemnation; and
17 WHEREAS, the Owner elected to undertake development imd construction of the Property;
18 and
19 WHEREAS, the Owner and the Agency agreed to the terms and conditions of an Owner
20 Participation Agreement ("OP A") for the development of 3 single-family residential units to be
21 owned and occupied by the purchasers; and
22 WHEREAS, on April 22, 2005, the Agency sent an OPA to the Owner for the development
23 of the Property in lieu of condemnation and the Owner did not return an executed OPA to the
24 Agency; and
25 WHEREAS on June 20, 2005, the Authority adopted Resolution No. SBHA 2005-3, a
26 Resolution of Public Interest and Necessity to proceed with condemnation of the Property within
e 27 30 days from the date of the adoption of the Resolution to allow the Owner time to execute the
28 OP A; and
2
P:\A.gendu\HousiIlS AUlhoril)'\2007\01-22.07 B_ Joh'l<on - Resl:.luticHIOfNwessity IiA Re$O.doc
1 WHEREAS, the Owner expressed interest in signing the OPA to construct 3 single-family
e 2 homes on the Property (the "Project"); and
WHEREAS, the Owner executed the OPA on September 15, 2005, the Commission
approved the Agency's execution of the OPA for the Project on October 5, 2005 and the Agency
Executive Director executed the OPA on October 10,2005 (the "Effective Date"); and
WHEREAS, Section 3(c) of the OPA requires that the Owner commence construction of
3
4
5
6
7
8
9
10
11
12
13
14
e 15
16
17
18
19
20
a 27
-28
the Project within 9 months of the Effective Date; and
WHEREAS, the Property was divided into 3 smaller parcels known as 122 North Allen
Street (APN: 0135-292-49), 114 North Allen Street (APN: 0135-292-50) and 100 North Allen
Street (APN: 0135-292-51) (collectively referred to as the "Property") for development; and
WHEREAS, construction was to have been commenced by July 10, 2006; and
WHEREAS, Section 7(b), of the OPA, permits the Agency to terminate the Agreement in
the event that the construction of the Project has not commenced timely for any reason within 9
months following the approval of the OPA; and
WHEREAS, on September 15, 2006, the Agency gave Notice of Default and Termination
(the "Notice") to the Owner by certified mail advising that the Agency was exercising its right to
terminate the OPA pursuant to Section 7(b) of the OPA; and
WHEREAS, the Notice was delivered by the Post Office to the Agency with a return receipt
showing that the Owner received the Notice on September 18,2006; and
WHEREAS, as of September 19, 2006, the Owner has not commenced construction of the
21 Project and the Project has been abandoned; and
22 WHEREAS, under Section 4 of the OP A, the Agency acknowledges that in the event of a
23 default on the part of the Owner with respect to the provisions described in Section 3 of the OP A,
24 the Agency, through the Authority, may exercise any lawful remedies on its part, including, but not
25 limited to, the acquisition of the Property by eminent domain; and
26
WHEREAS, on October 20, 2006, the Agency and the Authority have obtained an updated
appraisal for the Property; and
1
.)
P:\Agendas\HOll$lII!,: AUlhurih".2007\01-22-07 e. Juhll~on - Rc.\olUlion ufNe~cssjlV HA Reso,doc
e
3
4
5
6
7
8
9
10
11
12
13
e 14
15
16
17
1 WHEREAS, on November 22,2006 and December 19,2006 the Authority sent offers to the
2 Owner to purchase the Property; and
WHEREAS, the Owner has not accepted the offers nor responded to the offers; and
WHEREAS, in conformance with the 2003 Cooperative Agreement between the Authority
and the Agency, the Agency is seeking the Authority's assistance in fulfilling its obligation under
the 2003 Agreement as a result of the Owner's default under the OPA; and
WHEREAS, on January 3,2007, Notice of Intent to Adopt this Resolution was mailed by
the Authority to the owner of record of the Property, Bonnie S. Johnson, at the address of record on
file at the office of the County Tax Collector at 115 South Waterman Avenue, San Bernardino,
California 92408 and the notice was also published in The Sun newspaper on January 6, 2007; and
WHEREAS, on January 22,2007, after not less than 15 days written notice to the Owner,
the Authority conducted a hearing for the purpose of affording the Owner a reasonable opportunity
to appear and be heard on the matters referred to in Code of Civil Procedure Section 1240.030 and
whether the Authority has met all other prerequisites for the exercise of eminent domain to acquire
the Property for community redevelopment purposes; and
WHEREAS, the Authority has determined as a result of such hearing on January 22, 2007,
that the public health, safety and welfare require the Authority to acquire the Property for
18 community redevelopment purposes.
19 NOW, THEREFORE, BE IT RESOLVED THAT THE SAN BERNARDINO CITY
20 HOUSING AUTHORITY FINDS, DETERMINES AND DECLARES AS FOLLOWS:
21
Section 1.
The information set forth in the above recitals of this Resolution is true and
22 correct.
23
Section 2.
The real Property to be acquired under the authority of this Resolution is
24 located at 122 North Allen Street, 114 North Allen Street and 100 North Allen Street, San
25 Bernardino, California 92408 (San Bernardino County Assessor's Parcel Numbers 0135-292-49,
26 0135-292-50 and 0135-292-51 respectively) located within the Area. The Property is more
e 27 particularly described in the legal description attached as Exhibit "A". The interest in the Property
28 to be acquired consists of all of the fee simple absolute title interest in the Property, and all of the
4
P;\AaeJldas\Housin& A1IIbority\2OO7'I01.22.o7 8. JoMioII. aaokdioD ofNclmriry HA Rao,doc
e
1 right, title and interest of the Owner including the acquisition of possessory interest and all
2 easements and appurtenances to the Property.
3
Section 3.
On January 3, 2007, the Authority transmitted a notice of hearing to known
4 Owner of record, Bonnie S. Johnson, at 115 South Waterman Avenue, San Bernardino, California
5 92408, and the notice was also published in The Sun newspaper of January 6, 2007, and copies of
6 such notices of hearing are on file with the Authority.
7
Section 4.
The Authority acknowledges receipt of the written reports and information
8 relating to the Area, including the Staff Reports, Resolutions of the Authority, Resolutions of the
9 Commission, the OPA between the Agency and the Owner, the appraisal of the Property, the Offer
10 Letter to the Owner, the Notice of Default and Termination, and oral reports and information
11 submitted to the Commission, the Authority and the Agency during the course of the hearing
12 conducted on January 22,2007.
13
Section 5.
The Authority finds and determines that the hearing conducted by the
e 14 Authority on this matter on January 22,2007, was full and fair, and that each interested person has
15 been afforded a full and fair opportunity to present evidence and testimony relating to acquisition
16 of the Property, Project Development including future redevelopment of the Area, and the matters
17 described in Code of Civil Procedure Section 1240.030, and all interests in it, by the Authority for
18 community redevelopment purposes by the exercise of eminent domain and other relevant matters.
The Authority declares its intent to acquire the Property for community
19
Section 6.
20 redevelopment purposes in accordance with the laws of the State of California including the
21 Community Redevelopment Law and Health and Safety Code Sections 33391 and 33492.40. The
22 Authority further finds and determines that all of the prerequisites to the exercise of eminent
23 domain by the Authority with respect to such acquisition of the Property for the Project
24 Development have been met.
25
26
Section 7.
The Authority has found and determined that:
(a)
The acquisition of the Property is categorically exempt under the California
tit 27 Environmental Quality Act (CEQA) of 1970, as amended, Public Resources Code Section 21000 et
28 seq. and 14 California Code of Regulations Section 15332, Class 32 because the Project is
5
P:\ApadaI\Houriac AulboriIy\2001\Ot-22.fJ18. 1oImon. ~k4ioa o(Necnsit'1 HA Rcto.doc
tit
1 consistent with the applicable general plan designation and all applicable general plan policies as
2 well as with applicable zoning designation and regulations;
3
(b)
The Project development is within the city limits on a project site with no more than
4 5 acres substantially surrounded by urban uses;
5
6
(c)
(d)
The Project site has no value as a habitat for endangered, rare or threatened species;
The approval of the Project would not result in any significant effects relating to
7 traffic, noise, air quality or water quality; and
8
(e)
The Property can be adequately served by all required utilities and public services.
9 A Notice of Exemption was filed on January 14, 2005 with the County Clerk for development
10 based on the 2005 Agreement.
11
Section 8.
In accordance with the provisions of Code of Civil Procedure Section
12 1245.230, the Authority finds, determines, and declares as follows:
13
(a)
The public interest, convenience and necessity require the acquisition of the Property
tit 14 for the Project Development as necessary and to alleviate conditions of blight and to provide for the
15 orderly redevelopment of the Property and other real property included in the Area. The Area
16 displays a number of conditions of blight including the presence of old structures that show signs 0
17 dilapidation and deterioration, small lot configurations within the Area, including the Property,
18 prevent or substantially hinder the economically viable use of such real property in their present
19 condition and City Zoning classification. Redevelopment of the Property as affordable infill
20 housing will eliminate the conditions of blight within, provide needed affordable housing in the
21 Area and place the Property on the tax roll.
22
(b)
The Project is planned in the manner that will be most compatible with the greatest
23 public good and the least private injury in light of the fact that the Property included in the Area
24 displays a number of symptoms of blight. The Project Development will also confer substantial
25 environmental benefits upon the Area and the community generally, in accordance with the General
26 Plan of the City.
tit 27
(c)
The acquisition and development of the Property described in this Resolution is part
28 of a neighborhood plan to eliminate blight and provide for the redevelopment and improvement 0
6
p:~..Autbority\2007VJI.22-o1 B.JoImcMI-bIolulioaofNCl(;WityHAIlcso.doc:
e
10
11
12
13
e 14
15
16
17
18
19
20
1 the other lands owned by the Authority within the Area.
2
(d)
The Agency offered the Owner opportunities to develop the Property and defaulted
3 on completing the development of 3 New Homes per terms of the executed OP A. The Owner was
4 adequately notified of the default and advised that the Agency, through its Cooperative Agreement
5 with the Authority, will proceed with the acquisition of the Property by eminent domain.
6
Section 9.
(a)
The law firm of Lewis Brisbois Bisgaard & Smith LLP as special
7 legal counsel to the Authority ("Special Counsel"), is authorized and directed to prepare, institute
8 and prosecute in the name of the Authority such proceedings in the court having jurisdiction, as may
9 be necessary for the acquisition of the Property.
(b) The sum payable by the Authority as probable compensation for the acquisition of
the Property by eminent domain, as determined by the appraisal, may, in the discretion of Special
Counsel, accompany the filing of the complaint and may be deposited as follows: (i) with the State
of California in the manner provided by law, or upon the recommendation of Special Counsel to the
County Treasury or (ii) at the election of the person(s) who may claim an interest in the Property to
be acquired by such condemnation proceedings, in such other manner as such interested person(s)
may request in writing, subject to the approval of the Authority Secretary and Special Counsel.
(c) Special Counsel is also authorized, subject to the approval of the Authority
Secretary, to engage in settlement negotiations and, if possible, arrange for purchase of the Property
in lieu of condemnation at the appraisal price prior to or subsequent to filing a condemnation
complaint to commence acquisition of the Property by eminent domain.
This Resolution shall become effective immediately upon its adoption.
21 Section 10.
22 1//
23 1//
24 1//
25 1//
26 /1/
e 27 /1/
28 /1/
7
':\ApDdas\Houma: AuIhority\2007\01-U-01 B_ 1oImIoa. Ilaolulioa ofNouai:y ItA Jt.eso.doe
1
e2
3
4
5
6
RESOLUTION OF THE SAN BERNARDINO CITY HOUSING AUTHORITY
DECLARING THE PUBLIC INTEREST AND NECESSITY OF
ACQUISITION OF REAL PROPERTY BY THE SAN BERNARDINO CITY
HOUSING AUTHORITY OVER THE PROPERTY LOCATED AT 100, 114
AND 122 NORTH ALLEN STREET, SAN BERNARDINO, CALIFORNIA
(BONNIE S. JOHNSON - APNS: 0135-292-49, 50 AND 51 RESPECTIVELY)
(IVDA REDEVELOPMENT PROJECT AREA MEADOWBROOK
NEIGHBORHOOD RESTORATION AREA)
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the San
7
Bernardino City Housing Authority of the City of San Bernardino at a Joint Regular meeting
8
thereof, held on the
9
Commissioners:
10 ESTRADA
11 BAXTER
12 BRINKER
13 DERRY
14 KELLEY
15 JOHNSON
16 MC CAMMACK
17
18
19
20 The foregoing resolution is hereby approved this
21
22
23
24
25
e
Approved as to Form:
day of
,2007, by the following vote to wit:
Aves
Navs
Absent
Abstain
Secretary, San Bernardino City Housing
Authority
day of
,2007.
Patrick J. Morris, Chairperson
San Bernardino City Housing Authority
26 By: ~~~
27
tit 28
8
P:\A~enda5\Housill!l A.ulhof;Iv\~OO7\OI-21-07 B. Johnson - Resolulion orNec...~il", HA Reso_ooc
e
e
e
Exhibit "An
APN: 0135-292-49
LOT 22, BLOCK "Au 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.
APN: 0135-292-50
LOT 23. BLOCK "AU 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.
APN:0135-292-51
LOT 24, BLOCK "AU 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.