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Local Resources
San Bernardino County Homeless Partnership (SBCHP)
Housing Authority of the County of San Bernardino (HACSB) Southern California Home Financing Authority (SCHFA) Funding San Bernardino County Continuum of Care Program
Community Assistance Program (General Fund)
Private Resources
Federal Home Loan Bank Affordable Housing Program (AHP) Community Reinvestment Act Programs
United Way Funding
Private Contributions
Matching Requirements
The CDBG regulations do not require a match contribution; however, the City encourages its awarded departments and agencies to leverage the CDBG funding to further aid in the assistance provided to its residents. As an example, the City leverages general fund dollars through its CAP program to award public service agencies in the administration of programs including but not limited to shelter services, food banks, senior services, and legal aid services.
The City has not received HOME or ESG funds as part of its 2023-2024 allocation. The amount of matching funds is therefore not applicable for the 2023-2024 program year.
Publicly Owned Land or Property
The City did not have any publicly owned land or property located within the jurisdiction that was used to address the needs identified in the plan under the CDBG program.
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CR-20 - Affordable Housing 91.520(b)
Evaluation of the jurisdiction's progress in providing affordable housing, including the number and types of families served, the number of extremely low-income, low-income, moderate-income, and middle-income persons served.
Table 5- Number of Households
One-Year Goal Actual
Number of homeless households to be
provided affordable housing units 0 0
Number of non-homeless households to
be provided affordable housing units 0 0
Number of special-needs households to
be provided affordable housing units 0 0
Total 0 0
Table 6 - Number of Households Supported
One-Year Goal Actual
Number of households supported
through rental assistance 0 0
Number of households supported
through the production of new units 0 0
Number of households supported
through the rehab of existing units 0 0
Number of households supported
through the acquisition of existing units 0 0
Total 0 0
Discuss the difference between goals and outcomes and problems encountered in meeting these goals.
The City continued its conscious effort to streamline the CDBG program during the 2023-2024 program year. At the point of adoption of the 2023-2024 Action Plan, the City anticipated working on three (3) activities. Throughout the program year, the City did not come across many obstacles in meeting its goals. The City awarded a construction contract for the 2021- 2022 Street Improvement Project. Construction will commence in the first quarter of the 2024- 2025 PY with completion projected for the end of the first quarter or early in the second quarter. In addition, the City was able to advance design and engineering efforts for the 2023- 2024 Street Improvement Project.
Discuss how these outcomes will impact future annual action plans.
Due to the City’s need to improve infrastructure, the City anticipates continuing to invest CDBG funds to address improving infrastructure through its Annual Street Improvement Project.
Although the City does not currently have active housing programs, the Hesperia Housing
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Authority (HHA) has provided funding for affordable housing projects in prior years to address the need for affordable housing and housing rehabilitation and continues to monitor those projects.
Include the number of extremely low-income, low-income, and moderate-income persons served by each activity where information on income by family size is required to determine the eligibility of the activity.
Table 7 – Number of Persons Served
Income Category of Persons
Served
CDBG Actual
Extremely Low-income 158
Low-income 148
Moderate-income 67
Non-Low and Moderate-Income 13
Total 386
IFHMB amounts based on 386 for Fair Housing and Landlord Tenant Mediation Services Narrative Information
Although affordable housing needs are a high priority throughout California, during the 2020- 2024 Consolidated Plan - Strategic Plan, the City did not identify affordable housing needs as a high priority. However, the City will take into consideration the needs for housing preservation and economic development in its community in future CDBG program years.
To address what HUD defines as “worst case housing need” – low-income residents who pay more than 50 percent of their income for housing costs – the City works closely with the Housing Authority County of San Bernardino (HACSB) who provides rental assistance to low- income families either by housing families in the units HACSB owns and manages or by providing subsidized housing assistance to a landlord for renting their housing unit to eligible families. The services provided by the HACSB benefit all of San Bernardino County, including the residents of the City of Hesperia. To meet the Section 215 definition of affordable housing, the City defines affordable rents as follows:
For low-income households, 30 percent of 50 percent of the area median income adjusted for family size appropriate for the unit, less an allowance for tenant paid utilities, divided by 12.
For moderate income households, 30 percent of 60 percent of the area median income adjusted for family size appropriate for the unit, less allowance for tenant paid utilities. For middle income households, 30 percent of 110 percent of the area median income adjusted for family size appropriate for the unit, less allowance for tenant paid utilities.
In addition, the City works collectively with HACSB by providing residents with educational pamphlets and workshops on the County’s affordable housing programs. The City did not
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provide Homeownership Assistance during the 2023-2024 program year as the priority was for Public Facility and Infrastructure Improvements.
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CR-25 - Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c) Evaluate the jurisdiction’s progress in meeting its specific objectives for reducing and ending homelessness through:
Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs
Preventing and ending homelessness is a HUD priority addressed nationally through coordination of regional strategies carried out locally by government agencies and a wide variety of community-based organizations and faith-based groups. Consistent with this approach, the City supports the efforts of the San Bernardino County Continuum of Care (CoC) and its member organizations that address homelessness throughout the County. In alignment with these strategies, the City has allocated general fund dollars to support local service providers that provided homelessness prevention services, homeless shelter and shelter related services. The services of the CoC are county-wide and benefit the residents of the City of Hesperia.
The following grants and programs are examples of how the HACSB and the CoC continue to provide services to the homeless and special needs persons for the residents of the City of Hesperia and county-wide.
In 2019, the State of California enacted the Homeless Housing Assistance and Prevention Program (HHAP – Round 1), which was a $650 million block grant program to provide one-time grant funds to support regional coordination and expand or develop local capacity to move homeless individuals and families into permanent housing. The local recipient of these funds was the local CoC and the County. Subsequently, Round 2 was released, which provided $300 million for supporting local jurisdictions to continue to build on regional collaboration developed through previous rounds of Homeless Coordinating and Financing Council (HCFC) funding and to develop a unified regional response to homelessness. In 2022, Round 3 HHAP funds were made available and the CoC received an estimated $2.9 million for distribution. The third round of funding provides local jurisdictions, including federally recognized tribal governments, with flexible funding to continue efforts to end and prevent homelessness in their communities. In 2023, the State of California made an additional $1 billion available to implement Round 4 of the program. The City of San Bernardino and San Bernardino County CoC received $4,430,501 in HHAP funding in Round 4. The Round 5 HHAP funding cycle began in September 2023. The NOFA offers $760 million in grant funding for homeless housing, assistance and prevention.
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The State of California has approved several other grant programs directed at addressing homelessness. The No-Place-Like-Home (NPLH) Program awarded $2 billion to counties for the development of permanent supportive housing for persons who are in need of mental health services and are experiencing homelessness, chronic homelessness, or at risk of chronic homelessness. Through this program, Counties must commit to provide mental health services and help coordinate access to other community-based supportive services. Applications for Round 4 funding of the NPLH Program closed in mid-January of 2022.
The State currently provides grants to counties through its Housing for a Healthy California (HHC) Program for permanent supportive housing for individuals who are recipients of or eligible for health care provided through the California Department of Health Care Services, Medi-Cal program. The goal of the HHC program is to reduce the financial burden on local and state resources due to the overutilization of emergency departments, inpatient care, nursing home stays and use of corrections systems and law enforcement resources as the point of health care provision for people who are chronically homeless or homeless and a high-cost health user. Applicants who were previously awarded by the program for existing projects were funded in Spring of 2022. New applicants were anticipated to be awarded by the end of June 2022.
In 2014 the County Sheriff’s Department created a specific unit to engage the homeless. The mission of the Homeless Outreach Proactive Enforcement (H.O.P.E.) program takes a pro-active approach intended to ultimately reduce calls for service and other resources currently required to address the homeless population. The program also aims to balance pro-active outreach with enforcement of the law, while connecting members of the homeless population with resources that may help them transition from homelessness. The ultimate goal is to reduce the rate of recidivism and reduce the current costs associated with homeless related crime.
According to the Homelessness Action Plan, A Multi-Jurisdictional Approach in San Bernardino County, adopted in September 2019, the CoC is in the process of implementing several regional strategies that will enhance local coordination to assist people more effectively in need. To identify and assess people experiencing homelessness; the CoC has been working to create regional homeless access centers that will offer fully coordinated systems of outreach and will facilitate universal assessment, intake, referral and transportation to resources more rapidly.
Collectively these strategies will help minimize duplication of efforts and better connect the most vulnerable individuals and families, chronically homeless, and people at risk of becoming homeless to appropriate resources. The CoC has completed the inventory of existing access centers in the County noting the locations of each access center. The CoC conducts informational outreach presentations concerning homelessness in the County.
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Established in March of 2020, Project Roomkey provided a place outside a hospital to stay for those who are homeless. The program collaborated with the State and County to secure hotel and motel rooms to be used for these purposes. This program provided sheltering options for the homeless, sought to protect human life, and minimized the capacity strain found within the health care system. The Program came to an end in September 2022.
Through Project Roomkey; Homeless Housing, Assistance and Prevention (HHAP); HHAP CV funds and Continuum of Care, the region has assisted with housing and sheltering 2,000 unduplicated individuals since March 2020, nearly 800 of whom were referred to permanent housing. Project Homekey services included the Pacific Village project, which provided long- term interim shelter to 33 individuals in 28 units while the All-Star Lodge project provided long- term shelter to 50 individuals in 38 units.
Addressing the emergency shelter and transitional housing needs of homeless persons The ultimate solution to ending homelessness is transitional to permanent housing closely aligned with supportive services that ensure housing stability can be maintained. However, because the demand for affordable housing far outpaces the region’s supply, the CoC continues to rely on its emergency and transitional housing system to address the immediate needs of the County’s homeless population, including the residents of Hesperia.
The CoC is improving the efficacy of emergency shelters and the access system including their seasonal emergency shelters and the County’s three (3) Cold Weather Shelter facilities, the closest being in the City of San Bernardino.
For transitional housing, the CoC recognizes a need to maintain a level of transitional housing for the target populations that benefit most from a staged approach to housing, such as mentally ill and chronically homeless individuals. While the CoC continues to support transitional housing in special circumstances, the CoC is currently examining ways to shorten stays in emergency shelters and transitional housing so that resources may be used for rapid re- housing or placement in permanent supportive housing.
In nearby City of Victorville, the Wellness Center Campus will be the first of its kind in San Bernardino County. The project was awarded and commenced construction in the 2021-2022 program year. By March 2023, the Wellness Center Campus had 46 modular shelter units, five modular restroom units, and 24 community building units delivered to the construction site and set on foundations. The Wellness Center Campus opened December 2023. The Campus is anticipated to play a critical role in helping homeless individuals stabilize and rebuild their lives.
The Campus will provide 170 beds and will allow the Wellness Center to serve several functions by providing a low-barrier emergency shelter, recuperative care facility, medical clinic, interim
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housing and wrap around supportive services such as case management, care coordination, job training/placement and housing navigation.
In 2021, the American Rescue Plan Act (ARPA) was signed into law, including $1.1 billion for a new affordable housing program called the Emergency Housing Voucher (EHV) program. The program supports households experiencing homelessness; at risk of homelessness; fleeing, or attempting to flee, domestic violence, dating violence, sexual assault, stalking, or human trafficking; or recently homeless. The Housing Authority of the County of San Bernardino (HACSB) received an allocation of 455 EHV vouchers. HACSB partnered with the CoC and local victim service providers, to start the EHV program in San Bernardino County in 2021. As of April 29, 2024 447 families have been served (HACSB FY 2025 MTW Annual Plan Submission to HUD 7/11/24). Because Hesperia residents reside within the County of San Bernardino they are also eligible to receive the EHV vouchers.
Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: likely to become homeless after being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); and, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs An individual or family is considered to be at-risk of becoming homeless if it experiences extreme difficulty maintaining their housing and has no reasonable alternatives for obtaining subsequent housing. Homelessness often results from a complex set of circumstances that require people to choose between food, shelter, and other basic needs. Examples of common circumstances that can cause homelessness include eviction, loss of income, insufficient income, disability, increase in the cost of housing, discharge from an institution, irreparable damage or deterioration to housing, and fleeing from family violence.
The most effective and cost-efficient means to addressing homelessness is to prevent episodes of homelessness from occurring in the first place. The County’s current CoC system encourages services aimed at reducing incidences of homelessness, including:
Emergency Rental and Utility Assistance: Short-term financial assistance to prevent eviction and utility shut-off.
Credit Counseling: Financial counseling and advocacy to assist households to repair credit history.
Legal/Mediation Services: Tenant-landlord legal/mediation services to prevent eviction. Food Banks and Pantries: Direct provision of food, toiletries, and other necessities.
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Transportation Assistance: Direct provision of bus vouchers and other forms of transportation assistance.
Clothing Assistance: Direct provision of clothing for needy families and individuals. Prescription/Medical/Dental Services: Direct provision of prescription, medical and dental services.
Workforce Development: Direct provision of job training services designed to develop and enhance employment skills, as well as to help clients secure and retain living wage jobs.
Information & Referral Services: Direct provision of 24-hour/7-days-a-week call center services to provide health and human service information to at-risk populations. Recuperative care for homeless individuals who become ill or injured.
The City will continue to work with and refer residents to the County’s Department of Behavioral Health to ensure Hesperia residents are provided the immediate attention and services they require to prevent homelessness and encourage self-sufficiency.
Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again
In support of the CoC efforts, the City’s Strategic Plan provided for the use of general funds to support activities implemented by local nonprofit organizations that provided services to help prevent and eliminate homelessness, including families at risk of homelessness, veterans, victims of domestic violence and emancipated foster youth.
Additional efforts are underway at the regional level to shorten the time that individuals and families are experiencing homelessness and to prevent individuals and families who were recently homeless from becoming homeless again. The 2-1-1 regularly works with public service agencies to analyze the resources and funding being used to operate transitional housing programs and consider how these resources could be used more in alignment with the best practices (i.e., rapid re-housing and permanent housing) for ending homelessness. Many transitional housing providers are working to end homelessness to evaluate strategies to lower program threshold requirements and improve outcomes including shorter shelter stays and more rapid transitions to permanent housing. The County also encourages the importance of increasing the number of permanent supportive housing units within its jurisdiction and increase in rapid rehousing assistance which helps individuals and families quickly exit
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homelessness to permanent housing without any preconditions for obtaining assistance (such as employment, income, absence of criminal record, or sobriety). Because of the rise in housing costs and interest rates, the efforts of the State, County and City will need to be of the upmost importance to help prevent the rise in homelessness.
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CR-30 - Public Housing 91.220(h); 91.320(j)
Actions taken to address the needs of public housing
The City of Hesperia Housing Authority (HHA) was formed on April 5, 2011, under the State of California Housing Authority Law to actively improve existing neighborhoods and develop affordable housing opportunities using local, state, and federal resources. The HHA does not administer Section 8 and does not own HUD Public Housing; however, the City is within the service area of the HACSB for the purposes of Section 8 and Public Housing. The HACSB manages a total of 10,461 rental assistance program units (privately owned with rent subsidies paid directly to owners by the Housing Authority), 1 unit of public housing (units owned and managed by the Housing Authority), 2,232 housing authority-owned units (units owned by the Housing Authority or acquired through developments), 1,343 Housing Partners I, Inc. (units that are part of the property portfolio of Housing Partners I, Inc., HACSB’s development affiliate non-profit, and 780 Limited Liability Company and Limited Partner Units (units owned by limited partnership or limited liability company of which HACSB is a member) through its offices in Barstow, Chino, Colton, Redlands, San Bernardino, Victorville and Upland (2022 HACSB Annual Report).
To enhance the quality of HUD Public Housing units, HACSB continued to work towards converting existing HUD Public Housing units under HACSB’s management and control to Section 8 units as part of HUD’s Rental Assistance Demonstration (RAD) program. By the end of 2019, HACSB had converted its entire original portfolio of public housing under RAD, with the 98-unit Los Olivos development in Upland finalizing its conversion in May 2022 (FY 2023 Moving to Work Annual Plan, HACSB).
HACSB continues to maintain and expand the supply of affordable housing units in the City and throughout the County through its partnerships with the State of California and San Bernardino County Department of Community Development and Housing. As the largest provider of affordable housing in San Bernardino County, HACSB assists approximately 25,000 people, most of whom are seniors, individuals with disabilities, veterans, and children. More than 10,500 families are served through housing assistance payments made to landlords on behalf of the families. Other families reside in units owned and managed by HACSB. These programs provide a critical safety net for families in the County.
The City has partnered with builder DMB Development and investors Schlegel Capital and The Beaumont Group to oversee the massive Silverwood Housing project. The construction has commenced and is anticipated to create approximately 15,663 homes. The development is anticipated to take approximately two (2) decades to complete and will increase the City’s population by nearly half. Although home sizes have not yet been discussed, the focus will be
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affordable residences as prices for the project’s first homes will range between $300,000 and $500,000, with several options for 55-plus seniors (The Sun).
Adjacent to the City and accessible for Hesperia residents, the fully leased Golden Apartments in Victorville is the first permanent supportive housing development to house and serve homeless individuals. The project converted a dilapidated property consisting of 21 two-bedroom units into a fully renovated apartment complex consisting of 38 one-bedroom flats with amenities including a community room, counseling meeting spaces for on-site social services, laundry facilities and outdoor patio for the chronically homeless (HACSB 2020 Annual Report). Similarly, the 61 rooms at Desert Haven were converted to a 31-unit single or double occupancy apartment complex for the chronically homeless. Both developments utilized the Housing First approach to help residents become self-sufficient, (HACSB 2018 & 2019 Annual Report). Combined, these developments provided 69 units of housing for homeless individuals, (HACSB 2020 Annual Report).
Actions taken to encourage public housing residents to become more involved in management and participate in homeownership
HACSB encourages residents to be actively involved in the community and in the management of public housing developments through resident councils and numerous opportunities for feedback such as community meetings and surveys. HACSB and the City also actively encourage and promote public housing residents to explore homeownership opportunities and programs through HACSB’s Homeownership Assistance Program (HAP) targeted at current residents. The Homeownership Program utilizes a variety of methods to aid participants on their path to homeownership, including Section 32 (converted public housing), Section 8 Homeownership, and a Community Land Trust. HACSB also encourages and supports residents in participating in homebuyer counseling programs and recommends residents use the family self-sufficiency escrow account to save money towards homeownership. Under the Family Self-Sufficiency (FSS) Program, participants develop a five-year training and service plan that outlines the steps to become employed, increase their earnings, and become independent of government assistance. Upon graduation of the FSS Program, graduates are allowed to use the escrow account funds towards homeownership (HACSB 2018 Annual Report).
Under the Housing Authorities Homeownership Assistance Program, families are provided mortgage assistance through the Housing Choice Voucher Program for up to 15 years for working families and up to 30 years for disabled families (HACSB 2020 Annual Report). A total of 270 families have become homeowners through HAP since the program began in 2000 (Ms.
Beydler, Director of Policy and Public Relations, HACSB, 2024).
In addition, the City provided resources on services for foreclosure prevention and counseling.
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Actions taken to provide assistance to troubled PHAs
Not applicable. HACSB is considered a High Performing PHA.
Discussion
HACSB is well-positioned to maintain and expand the supply of affordable housing units in the City and throughout the County through its partnerships with the State of California, San Bernardino County Department of Community Development and Housing, the City of Hesperia, and other cities throughout the county.
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CR-35 - Other Actions 91.220(j)-(k); 91.320(i)-(j)
Actions taken to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment. 91.220 (j); 91.320 (i) In the development of the 2013-2021 Housing Element, the City evaluated significant public policies affecting affordable housing development such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges and growth limitations.
Based on this evaluation, the City determined that it has taken all necessary steps to ameliorate the negative effects of public policies that may have been a barrier to affordable housing. An update to the Housing Element (2021-2029) further reports that the City has recently completed several affordable housing projects and is in the planning/approval stages for several additional affordable housing projects, indicating that the City’s existing development standards do not constrain affordable housing development. Examples of changes made or to be made include but were not limited to:
- Single-Room Occupancy (SRO) – The City recently amended its Zoning Ordinance to conditionally permit SRO housing in the residential zones of the Main Street and Freeway Corridor Specific Plan area.
- Farmworker Housing – The City plans to amend the Zoning Ordinance within one year of the adoption of the City’s Housing Element to address the Employee Housing Act with regard to farmworker housing. In addition, the City plans to amend the Zoning Ordinance to permit by right farm labor housing for 36 persons in a group quarter or 12 units intended for families on properties where agricultural uses are permitted. The City is currently updating the General Plan and Municipal Code which will address by right farm labor housing. The expected adoption date for these amendments is October 15, 2024.
- Housing for Persons with Disabilities – The City plans to create a process within one year of the adoption of the Housing Element for making requests for reasonable accommodation to land use and zoning decisions and procedures regulating the siting, funding, development and use of housing for people with disabilities. The City is currently updating the General Plan and Municipal Code which will address reasonable accommodation to land use and zoning decisions and procedures regulating the siting, funding, development and use of housing for people with disabilities. The expected adoption date for the new process is October 15, 2024.
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To address housing affordability and the lack of monetary resources for affordable housing, the City allocated funds for fair housing services to ensure fair housing choices are addressed throughout the combined five-year Consolidated Plan cycle.
Lastly, the City’s updated 2021-2029 Housing Element notes the following to help ameliorate negative effects of public policies that serve as barriers to affordable housing:
The City has outlined certain concessions for development standards in its Landscape Ordinance. Affordable housing developments are permitted to use one-gallon shrubs and five-gallon trees, instead of the otherwise required five-gallon shrubs and 15-gallon trees.
The City has established a density bonus program to encourage the production of housing for lower and moderate-income households by offering developers density increases beyond the maximum allowed under the applicable zoning district and land use element of the general plan in exchange for the construction of below-market rate units. In addition, other development incentives may be permitted. Current state law requires jurisdictions to provide density bonuses and development incentives to all developers who propose to construct affordable housing on a sliding scale, where the amount of density bonus and number of incentives vary according to the amount of affordable housing units provided. In May of 2011, the City’s Development Code was updated to reflect these new requirements. Under AB 1763, housing projects where all units are affordable to low and very low- income residents qualify for an 80% density bonus, except that up to 20 percent of the total units in the development may be for moderate-income households. AB 1763 provides for a fourth incentive and concession to 100% affordable projects. For housing projects that qualify as a special needs or supportive housing development, AB 1763 eliminates all local parking requirements. A development that is a special needs housing development shall have either paratransit service or unobstructed access, within one- half mile, to fixed bus route service that operates at least eight times per day. In October 2019, SB 13, AB 68, and AB 881 were adopted into law with the intention of facilitating the construction of Accessory Dwelling Units (ADUs) in California. One key component of the new ADU laws is that the City is now required to allow Junior Accessory Dwelling Units (Junior ADUs). In June 2020, the development code was amended to be consistent with state law.
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AB 671 requires cities to include a plan that incentivizes and promotes the creation of ADUs that can be offered at affordable rent for very low, low-, or moderate-income households in its housing element. California Department of Housing and Community Development (HCD) developed a list of existing state grants and financial incentives for operating, administrative, and other expenses in connection with the planning, construction, and operation of ADUs with affordable rent. The development code will be amended within one year following certification of the Housing Element to address the requirements of AB 671.
The City is currently updating the General Plan and Municipal Code, which will address the requirements of AB 671. The expected adoption date for the requirements of AB 671 is October 15, 2024. The City’s goal is to process and entitle 15 ADUs each calendar year. The City will also update the City website to provide prospective ADU builders with HCD’s list of grants and financial incentives, along with all relevant building and planning forms.
Actions taken to address obstacles to meeting underserved needs. 91.220(k); 91.320(j) The primary obstacles to meeting the underserved needs of low- and moderate-income people include lack of funding from federal, state and other local sources, the high cost of housing that is not affordable to low-income people and the lack of availability of home improvement financing in the private lending industry. To address these obstacles, the City invested CDBG funds through the 2023-2024 Action Plan and leveraged funds in projects that provide public and neighborhood services to low- and moderate-income people and those with special needs, and programs that prevent homelessness. To address underserved needs, the City allocated 100 percent of its non-administrative CDBG funds for program year 2023-2024 to projects and activities that benefit low- and moderate-income people.
Actions taken to reduce lead-based paint hazards. 91.220(k); 91.320(j) The Residential Lead Based Paint Hazard Reduction Act of 1992 (Title X) emphasizes prevention of childhood lead poisoning through housing-based approaches. This strategy requires the City to implement programs that protect children living in older housing from lead hazards.
Overall, the City has a relatively young housing stock, with 17,715 housing units out of a total of 26,255 of the City’s total housing units, 67.5%, built after 1980 according to 2011-2015 ACS data. The remaining 32.5% constructed before 1980 have the most potential risk to contain lead-based paint. In these units, the best way to have reasonable assurance that lead-based paint hazards are not present is to have the painted surfaces tested.
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According to the City, a typical lead-based paint screening survey costs approximately $1,650.
To reduce lead-based paint hazards, the City takes the following actions:
Include lead testing and abatement procedures, if necessary, in all residential rehabilitation activities for units built prior to January 1, 1978. Monitor the lead-poisoning data maintained by the San Bernardino County Department of Public Health (SBDPH). According to SBDPH, there were four (4) incidents of Hesperia children with blood lead levels greater than 9.5 micrograms per deciliter, and a total of five (5) documented cases with levels equal to or greater than 20 micrograms per deciliter from 2009-2013 (more current data, not available). Educate residents on the health hazards of lead-based paint through brochures and encourage screening children for elevated blood-lead levels. Disseminate brochures about lead hazards through organizations such as Inland Fair Housing and Mediation Board (IFHMB).
Actions taken to reduce the number of poverty-level families. 91.220(k); 91.320(j) The implementation of CDBG activities meeting the goals established during the 2023-2024 program year helped to reduce the number of poverty-level families by:
Supporting activities that preserve and improve public facilities and infrastructure to benefit low-and moderate-income residents; and
Supporting activities that fulfill the HUD regulatory mandate to affirmatively further fair housing choice through the provision of fair housing education, counseling, anti- discrimination, and landlord-tenant mediation.
In addition to these local efforts, mainstream state and federal resources also contribute to reducing the number of individuals and families in poverty. Federal programs such as the Earned Income Tax Credit and Head Start help provide a pathway out of poverty for families who are ready to pursue employment and educational opportunities. Additionally, in California, the primary programs that assist families in poverty are CalWORKs, CalFresh (formerly food stamps) and Medi-Cal. Together, these programs provided individuals and families with employment assistance, subsidy for food, medical care, childcare and cash payments to meet basic needs such as housing, nutrition, and transportation. Other services are available to assist persons suffering from substance abuse, domestic violence, and mental illness.
Actions taken to develop institutional structure. 91.220(k); 91.320(j) The institutional delivery system in the City is high-functioning and collaborative—particularly
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the relationship between local government and the nonprofit sector comprised of a network of capable nonprofit organizations that are delivering a full range of services to residents. Strong City departments anchor the administration of HUD grant programs and the housing and community activities that are implemented in the City. These are supported and enhanced through the City’s collaboration with nonprofit agencies receiving CAP (leveraged City funds) funds by ensuring that the needs of low- and moderate-income residents are met. The institutional delivery system is successfully being implemented as envisioned within the 2020- 2024 Consolidated Plan and Strategic Plan.
Actions taken to enhance coordination between public and private housing and social service agencies. 91.220(k); 91.320(j)
To enhance coordination between public and private housing and social service agencies, the City will continue consulting with and inviting the participation of a wide variety of agencies and organizations involved in the delivery of housing and supportive services to low- and moderate- income residents in the City—particularly the CDBG Target Areas. The City has also developed its CAP program which utilizes City leveraged dollars to fund nonprofits through less administratively restrictive funds to ensure its residents are provided the services they require and deserve.
Identify actions taken to overcome the effects of any impediments identified in the jurisdiction’s analysis of impediments to fair housing choice. 91.520(a) The 2020 Analysis of Impediments to Fair Housing Choice (AI) adopted by the City Council on April 21, 2020, included two (2) impediments that remained unresolved from the 2015-2019 AI and one (1) impediment to fair housing choice. During the 2023-2024 program year:
Impediment 1 Fair Housing Complaints and Services: The City’s Economic Development Division worked directly with its fair housing service provider, Inland Fair Housing and Mediation Board (IFHMB), during the 2023-2024 program year who conducted trainings virtually through Zoom, and promoted Fair Housing through other social media platforms like Mailchimp and Facebook to ensure the information was accessible to both tenants and landlords. The City advertised and promoted events providing fair housing services on the City’s Webpage, as well as making Fair Housing materials readily accessible at City Hall. Through its virtual fair housing training, IFHMB has been able to successfully educate tenants and landlords of their rights and responsibilities.
Impediment 2 Reasonable Accommodation Procedure: The City has updated its Housing Element (2021-2029); however, the document reported that the City currently had no established process in place and reasonable accommodations were granted on a case-by-case basis.
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The City is currently updating the General Plan and Municipal Code which will address reasonable accommodation to land use and zoning decisions and procedures regulating the siting, funding, development and use of housing for people with disabilities. The expected adoption date for the new process is October 15, 2024.
Impediment 3 United States of America v. City of Hesperia, County of San Bernardino, and San Bernardino County Sheriff’s Department: The Analysis of Impediments recommended the City “track the status and disposition of Case No. 5:19-cv-02298 and report the status and disposition of this litigation, as applicable, in the Consolidated Annual Performance and Evaluation Report.” On December 22, 2022, the parties entered into a Consent Order that resulted in the resolution of this lawsuit. At no time has the City admitted liability in this matter and the City denies all allegations contained within the complaint filed by the Department of Justice.
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CR-40 - Monitoring 91.220 and 91.230
Describe the standards and procedures used to monitor activities carried out in furtherance of the plan and used to ensure long-term compliance with requirements of the programs involved, including minority business outreach and the comprehensive planning requirements.
During the 2023-2024 program year, the City has limited the number of activities it has funded to mostly City run activities and fair housing services to streamline the City’s CDBG program and ensure that CDBG funds are used efficiently and in compliance with applicable regulations. The City’s Economic Development Division of the Development Services Department provides technical assistance to its fair housing service provider as well as other City departments at the beginning of the program year and monitors all activities throughout the program year to ensure benchmarks are met for continued compliance.
Technical Assistance
To enhance compliance with federal program regulations, the City’s application paperwork provides detailed information regarding the City’s five-year Consolidated Plan goals, program requirements and available resources for award. Prior to the approval of the Annual Action Plan, Subrecipient Agreements and Memorandums of Understandings (MOUs) are reviewed in detail with all parties to ensure overall activity compliance and to review the City’s compliance procedures and requirements. Additionally, individualized technical assistance is provided on an as-needed basis throughout the program year.
Activity Monitoring
All activities are monitored, beginning with a detailed review upon receipt of an application to determine eligibility, conformance with a National Objective and conformance with a Strategic Plan goal. This review also examines the proposed use of funds, eligibility of the service area, eligibility of the intended beneficiaries and likelihood of compliance with other federal requirements such as the National Environmental Policy Act, the System for Award Management (SAM) debarment list, Davis-Bacon and Related Acts (prevailing wage), Minority and Women Business Enterprise, Section 3 and federal acquisition and relocation regulations, as applicable.
Eligible Subrecipients submit their most recent Financial Statement/Single Audit and other documentation to establish their administrative and financial capacity, and any findings noted in the audit are reviewed. In such instances where Audit findings arise, the agency is required to provide the City documentation resolving the finding. Prior to entering into a written
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agreement, staff and consultants perform periodic desk monitoring including ongoing review of required performance reports and documentation to substantiate CDBG expenditures. The reviews also include both a fiscal and programmatic review of the subrecipient’s activity(ies).
The reviews determine if the activity(ies) comply with the program regulations and City contract and/or MOU. Areas of review included overall administration, financial systems, appropriateness of program expenditures, program delivery, client eligibility determination and documentation, reporting systems, and achievement toward achieving contractual goals. No deficiencies or non-compliance with the program requirements were identified during the 2023-2024 program year.
For CDBG capital projects, monitoring of Davis-Bacon and related acts, Minority and Women’s Business Enterprise (MBE/WBE) and Section 3 requirements were conducted by LDM Associates, Inc. to determine the adequacy of implementation by the Economic Development Division of the Development Services Department and its consultants.
Citizen Participation Plan 91.105(d); 91.115(d)
Describe the efforts to provide citizens with reasonable notice and an opportunity to comment on performance reports.
In accordance with the City’s adopted Citizen Participation Plan (CPP), a public notice was published in the Victorville Daily Press in English and in Spanish on August 28, 2024, notifying the public of the availability of the CAPER for a 15-day public review and comment period.
Copies of the public notices are included in Appendix A.
The draft CAPER was available on the City’s website and at the following locations:
City Clerk’s Office
9700 Seventh Avenue
Hesperia, California 92345
Economic Development Division
9700 Seventh Avenue
Hesperia, California 92345
Hesperia Public Library
9560 Seventh Avenue
Hesperia, California 92345
A public hearing was conducted before the City Council on Tuesday, September 17, 2024, to solicit comments from residents and interested parties. A summary of all written or oral comments received during the public hearing are included in Appendix B.
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CR-45 - CDBG 91.520(c)
Specify the nature of, and reasons for, any changes in the jurisdiction’s program objectives and indications of how the jurisdiction would change its programs as a result of its experiences.
CDBG funds are making a significant impact on strategies to address the high priority needs identified in the 2020-2024 Consolidated Plan – Strategic Plan. As shown in Figure 1 in section CR-05 of this document, CDBG funds contributed to three (3) Strategic Plan goals (including Administration goal) reported in Table 1 of this document.
Public Facility and Infrastructure Improvements
To improve City public facilities and infrastructure to benefit low- and moderate-income people or those presumed under HUD regulations to be low- and moderate-income such as elderly people and disabled adults as well as residents of low- and moderate-income housing, the City invested CDBG resources to address this Strategic Plan goal through the funding of the 2020- 2021, 2021-2022, 2022-2023, and 2023-2024 Street Improvement Projects (20-21 and 21-22 are separate projects and 22-23 funding has been allocated to the 21-22 Street Improvement Project) and the Peach Avenue Drainage Improvement Project. During the 2023-2024 program year, the City entered into a construction contract for the 2021-2022 Street Improvement Project and allocated the 2022-2023 capital allocation to the 2021-2022 Street Improvement Project. Construction is expected to commence in the first quarter of the 24-25PY and is expected to be completed by the second quarter of 2024.
Fair Housing Services
For the implementation of the City’s Fair Housing Services, the City funded IFHMB in the amount of $20,000. The funds were used for the provision of fair housing outreach, education, and enforcement activities, including landlord-tenant matters. During the program year, IFHMB was able to provide fair housing services to 41 unduplicated residents and landlord tenant mediation services to 345 unduplicated residents. The City leverages it’s CDBG allocation to IFHMB Fair Housing services, as IFHMB also assists Hesperia residents with Landlord Tenant Mediation.
Public Services for Low-income Residents/Senior Services/Homeless Prevention and Special Needs Services (not a Strategic Plan Goal, but efforts supported by City leverage dollars) To support the City’s initiative for Public Services for Low-income residents, leveraged City funds were awarded to 10 agencies that provided different public services for the residents of the City. Such services ranged from food banks/pantries, senior/disabled adult services, shelter
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services, veteran services, and other various public services. In total, the agencies provided public service assistance to 7,130 primarily low- and moderate-income residents.
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2023/2024
CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT
JULY 1, 2023 THROUGH JUNE 30, 2024
APPENDIX A
Public Notices
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NOTICE OF PUBLIC HEARING
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM
DRAFT CONSOLIDATED ANNUAL PERFORMANCE EVALUATION REPORT (CAPER) FOR PROGRAM YEAR 2023-2024
Pursuant to the United States Department of Housing and Urban Development (HUD) regulations, the City of Hesperia has prepared the draft CAPER for the 2023-2024 CDBG Program Year (PY).
The CAPER provides an assessment of the City's performance in meeting PY 2023-2024 housing and community development goals as outlined in the previously adopted PY 2023-2024 One-Year Action Plan. Additionally, the CAPER discusses changes the City anticipates making in the upcoming year as a result of the assessment of PY 2023-2024 annual performance.
In compliance with the City’s approved Citizen Participation Plan and the Consolidated Plan implementing regulation 24 CFR 91.105, this notice is hereby given that the City has prepared the CAPER for PY 2023-2024. A copy of the CAPER is required to be made available to the public for review and comment for no less than a fifteen (15) day period. The draft CAPER will be available for public review from August 29, 2024, to September 17, 2024, at the following locations (please note City Hall will be closed on September 4, 2024, in observance of Labor Day):
Hesperia Public Library, 9650 Seventh Avenue, Hesperia Hesperia City Clerk’s Office, 9700 Seventh Avenue, Hesperia Hesperia Economic Development Department, 9700 Seventh Avenue, Hesperia
Online at: https://www.cityofhesperia.us/98/Community-Development- Block-Grant-Program
A Public Hearing to solicit public comment from interested citizens will be held on September 17, 2024, at 6:30 p.m. at the Hesperia City Council Chambers, located at 9700 Seventh Avenue. The purpose of the Public Hearing for the CAPER is to allow the public the opportunity to comment on the manner in which the City utilized federal and non-federal funds for the one-year period that ended on June 30, 2024.
The City encourages citizen participation in the CDBG process. The public is invited to submit written comments, which will be forwarded to HUD along with the Final 2023-2024 CAPER. Comments should be directed to the City of Hesperia, Attn: April Antonio; 9700 Seventh Avenue, Hesperia, CA 92345 or via email to [email protected] prior to 4:00 p.m. on September 17, 2024. Comments received after that date will not be considered. Questions regarding the 2023-2024 CAPER should be directed to Economic Development at (760) 947-1909.
It is the objective of the City to comply with Section 504 of the Rehabilitation Act of 1973, as amended, the Americans with Disabilities Act (ADA) of 1990 and the ADA Amendment Act of 2008, the Fair Housing Act, and the Architectural Barriers Act in all respects. If you require public documents in an
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accessible format, the City will make reasonable efforts to accommodate your request. If you require disability-related accommodation to attend or participate in a hearing or meeting, including auxiliary aids or services, please contact the City Clerk’s Office at least 48 hours prior to the meeting at (760) 947- 1056.
Published in the Victorville Daily Press August 28, 2024 (English and Spanish)
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AVISO DE AUDIENCIA PÚBLICA
PROGRAMA DE SUBSIDIOS GLOBALES PARA EL DESARROLLO COMUNITARIO (CDBG) BORRADOR DEL REPORTE DE LA EVALUACIÓN DEL DESEMPEÑO ANUAL CONSOLIDADO (CAPER) PARA EL AÑO FISCAL 2023-2024
De acuerdo con la normativa del Departamento de Vivienda y Desarrollo Urbano de Estados Unidos, el Ayuntamiento de Hesperia ha elaborado el borrador de CAPER para el año del programa CDBG 2023- 2024.
El CAPER proporciona una evaluación del desempeño de la ciudad con respecto a las metas establecidas para la vivienda y desarrollo comunitario durante el Año Fiscal 2023-2024, como se delineó en el Plan de Desempeño Anual 2023-2024 previamente adoptado. Este reporte a su vez expone cambios que el Ayuntamiento anticipa llevar a cabo durante los subsecuentes años debido al resultado de la evaluación del desempeño anual del Año Fiscal 2023-2024.
Conforme al Plan de Participación de los Ciudadanos aprobado y con la regla de implementación del Plan Consolidado 24 CFR 91.105, por medio de este aviso se invita al público a la revisión pública y comentarios del CAPER 2023-2024 de la Ciudad de Hesperia. Se requiere que una copia del CAPER esté disponible al público para su revisión y comentarios por un período no menos de quince (15) días. El borrador del CAPER estará disponible para revisión pública a partir del 29 de agosto de 2024 hasta el 17 de septiembre de 2024. Dicho documento estará disponible para su revisión en los siguientes lugares (por favor tome nota que la Presidencia Municipal estará cerrada el 4 de septiembre de 2024 en observancia del “Día del Trabajo”):
Biblioteca Pública de la Ciudad de Hesperia
9650 Seventh Ave., Hesperia
Oficina del Secretario Municipal del Ayuntamiento de la Ciudad de Hesperia 9700 Seventh Ave., Hesperia
Departamento de Desarrollo Económico del Ayuntamiento de la Ciudad de Hesperia 9700 Seventh Ave., Hesperia
En línea en: https://www.cityofhesperia.us/98/Community-Development-Block-Grant-Program
Individuos que deseen expresar sus puntos de vista concernientes al documento referido anteriormente se les invita a participar en la Audiencia Pública que se llevará a cabo el 17 de septiembre de 2024 a las 6:30 pm en la Cámara del Concejo Municipal de la Ciudad de Hesperia ubicado en 9700 Seventh Avenue, Hesperia, CA. El propósito de la Audiencia Pública sobre el borrador del CAPER es para permitirle al público la oportunidad de comentar sobre el contenido del documento y sobre la manera en que el Ayuntamiento utilizó los fondos federales y los que no eran federales durante el período de un año el cual terminó el 30 de junio de 2024.
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El Ayuntamiento de la Ciudad fomenta la participación ciudadana en el proceso de CDBG. El público está invitado a presentar comentarios por escrito; dichos comentarios serán enviados a HUD como parte del reporte final del CAPER 2023-2024. Los comentarios deberán ser dirigidos a: Attn: April Antonio, 9700 Seventh Ave., Hesperia, CA 92345 o vía correo electrónico a [email protected] antes de las 4:00 P.M. del 17 de septiembre de 2024. Todos los comentarios recibidos después de dicha fecha y hora no se tomarán en consideración. Preguntas relacionadas con el CAPER 2023-2024 deberán ser dirigidas Desarrollo Económico al teléfono (760) 947-1909.
El Ayuntamiento tiene como objetivo cumplir en todo con respecto a la Sección 504 de la Ley de Rehabilitación de 1973, tal y como se enmendó, la Ley de Americanos con Discapacidades (ADA) de 1990 y la Ley de Enmienda a ADA del 2008, la Ley de Vivienda Justa, y la Ley de Barreras Arquitectónicas. Si usted necesita documentos públicos en un formato accesible, el Ayuntamiento hará lo posible dentro de lo razonable para dar cabida a su petición. Si usted requiere acomodo especial debido a alguna discapacidad para asistir o participar en una audiencia o junta, incluyendo aparatos auxiliares o servicios, por favor comuníquese a la Oficina del Secretario Municipal por lo menos 48 horas antes de la junta al (760) 947-1056.
Publicado en Victorville Daily Press el 28 de agosto de 2024 (Inglés y Español)
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2023/2024
CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT
JULY 1, 2023 THROUGH JUNE 30, 2024
APPENDIX B
Summary of Citizen Participation Comments
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A summary of citizen participation comments will be added to this section upon completion of the 15-day public review period on September 17, 2024.
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2023/2024
CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT
JULY 1, 2023 THROUGH JUNE 30, 2024
APPENDIX C
IDIS Reports
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IDIS Report – PR01
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IDIS Report – PR02
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IDIS Report – PR03
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IDIS Report – PR06
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IDIS Report – PR09
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IDIS Report – PR26
City of Hesperia
STAFF REPORT
DATE: September 17, 2024
TO: Mayor and City Council Members
FROM: Rachel Molina, City Manager
BY: Nathan R. Freeman, Director of Development Services SUBJECT: Consider Adoption of a Resolution of Necessity to Acquire Real Property located North of Yucca Terrace Drive abutting the California Aqueduct, Assessor Parcel No. 3064-461-03
RECOMMENDED ACTION
It is recommended t hat the City Council hold a public hearing on the proposed Resolution of Necessity (Resolution 2024 -45) and adopt the Resolution of Necessity authorizing the commencement of eminent domain action to acquire the real property located north of Yucca Terrace Drive abutting the California Aqueduct (Assessor Parcel No. 3064-461-03).
BACKGROUND
The subject property is vacant and unimproved, located just north of Yucca Terrace Drive and Cataba Road. Due to the subject property’s location in a wash area, and adjacent to the California Aqueduct, the City seeks to create a water retention basin, to be constructed on the subject property, to attenuate surface runoff during rainfall events (the “Project”).
The City had previously sought to acquire the subject property for the Project over two years ago.
After several unsuccessful attempts to contact the then property owners, on December 20, 2022, the City Council adopted a Resolution of Necessity to commence eminent domain proceedings.
Shortly thereafter, the City was informed by a third-party real estate broker that the then property owners had been located and wanted to sell the subject property to the City. Thus, no eminent domain proceedings commenced.
While the subject property was in escrow for the City t o purchase, the San Bernardino County Tax Collector sold the subject property at a tax sale, due to delinquent property taxes owed on the subject property. No notice was provided to either the City or the then property owners.
Upon learning that the subje ct property had changed ownership, the City immediately began contacting the new, current property owners.
Also, the City conducted a new third-party appraisal of the subject property and on June 18, 2024, the City made a written offer, in compliance with Government Code Section 7267.2, to purchase the subject property from the property owners: Gustavo Valdez and Fernando Valdez (Property Owners). Real property negotiations then commenced and the Property Owners agreed to sell the subject property to the City.
However, due to the County tax sale and a recorded deed of trust by the prior property owners that was not reconveyed, there is an existing cloud on title that cannot be extinguished through a normal purchase and sale agreement transaction. As such, the City is required to commence
Staff Report to the Mayor and City Council
Resolution of Necessity APN 3064-461-03
September 17, 2024
eminent domain proceedings and have clean title declared by a court. The City has informed the Property Owners of the cloud on title issue and the eminent domain process that will clear title for both parties.
On August 30, 2024, in accordance with Government Code Section 1245.235, the City gave notice to the Property Owners that the City Council would consider a Resolution of Necessity authorizing the acquisition of the subject property via eminent domain. The notice inf ormed the Property Owners of their right to appear at this hearing and be heard on the following issues:
1. Whether the public interest and necessity require the Project.
2. Whether the Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury.
3. Whether the acquisition of the subject property is necessary for the Project.
4. Whether the offer required by Section 7267.2 of the Government Code has been made to the owners(s) of record.
5. Whether the offer required by Section 7267.2 of the Government Code was made in the form and substance required by law.
While a hearing on a Resolution of Necessity is often referred to as a public hearing, the only notice required is 15 days by regular mail to the Property Owners. No published notice is required.
The affirmative vote of two-thirds of all members of the City Council, which in this case is four (4) affirmative votes, is required to adopt the Resolution of Necessity.
FINDINGS REQUIRED IN THE RESOLUTION OF NECESSITY
Public acquisition of private property by eminent domain for water fac ilities and drainage purposes is authorized by Section 19 of Article 1 of the California Constitution, California Government Code of Civil Procedures Sections 1240. 010 through 1240.050 and Sections 1240.410 through 1240.430, and Government Code Sections 37350, 37350.5, and 40404.
Pursuant to California Government code Section 1240.030, the power of eminent domain may be exercised to acquire property for a proposed project only if all of the following is established:
a. The public interest and necessity require the project. b. The project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury.
c. The property sought to be acquired is necessary for the project.
In addition, a Resolution of Necessity must include a finding that the offer required by Government Code Section 7267.2 has been made to the owner or owners of record, or the offer was not made because the owner could not be located with reasonable diligence.
In this case, public interest, convenience, and necessity require the Project, for the construction and development of a water retention basin, to address water runoff and climate-related issues.
Moreover, the Project is planned in the greatest public good and the least private injury. The subject property is currently vacant and undeveloped. The current topography of the subject property, with its significant downward slope on part of the land, and surrounding area, make it ideal for a water retention basin. Additionally, the subject property will further minimize adverse impacts by being built on undeveloped land rather than on existing residential uses. Other potential locations for the Project are technically infeasible or have greater adverse impacts.
Staff Report to the Mayor and City Council
Resolution of Necessity APN 3064-461-03
September 17, 2024
Acquisition of the subject property is necessary for the Project, as the location of the subject property makes it an ideal location to construct a water retention basin. As previously noted, other potential locations for the Project are technically infeasible or have greater adverse impacts. In other words, without the subject property, the Project cannot be constructed.
Lastly, the Ci ty made a purchase offer, pursuant to Government Code Section 7 267.2, to the Property Owners on or about June 18, 2024, and the Property Owners have agreed to sell the subject property to the City, but understand that the real property transaction cannot b e completed without a court declaring clean title on the subject property. Accordingly, staff recommend proceeding with the Resolution of Necessity to minimize delay in being able to proceed with the Project.
After the City Council receives testimony and evidence from all interested parties, the City Council must make a determination as to whether to acquire the subject property by eminent domain and adopt the proposed Resolution of Necessity (Attachment 2). The City Council must make the above findings based upon all evidence and existence of the above stated conditions.
If this action is approved by the City Council, the City Attorney’s Office will be instructed to take all steps necessary to commence legal proceedings in a court of competent jurisdiction to acquire the subject property via eminent domain. The City Attorney’s Office will also be directed to seek and obtain an order of prejudgment possession in accordance with the provisions of the eminent domain law so that the City may proceed with the Project while the eminent domain proceedings are pending in the court.
CITY GOAL SUPPORTED BY THIS ITEM
Capital Improvement: Continually evaluate capital improvement priorities.
FISCAL IMPACT
The cost of the acquisition of the subject property will be taken from Account No. 504-29-700- 7901-8400.
ALTERNATIVE(S)
1. Provide alternative direction to staff.
ATTACHMENT(S)
1. Resolution 2024-45
2. Legal Description and Plat Map
01071.0017/815920.1
RESOLUTION NO. 2024-45
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HESPERIA,
CALIFORNIA, DECLARING THAT PUBLIC INTEREST AND NECESSITY
REQUIRE ACQUISITION OF THE FEE SIMPLE INTEREST IN REAL
PROPERTY KNOWN AS ASSESSOR'S PARCEL NO. 3064-461-03
WHEREAS, for the public purposes set forth herein, the City of Hesperia, California is authorized to acquire property through the exercise of eminent domain pursuant to Section 19 of Article 1 of the California Constitution, Section 1240.010 through 1240.050 of the California Code of Civil Procedure, and Sections 37350, 37350.5, and 37361 of the California Government Code; and
WHEREAS, the “Project” for the purposes of this acquisition is the development, construction, and maintenance of a water retention basin to attenuate surface runoff during rainfall events; and
WHEREAS, in order to carry out and make effective the principal purpose of the Project, it is necessary for the City of Hesperia to acquire the fee simple interest in certain privately-owned real property located North of Yucca Terrace Drive abutting the California Aqueduct in Hesperia, California 92344, APN 3064-461-03-0000 (“Property”); and WHEREAS, the Property the City seeks to acquire is described in Exhibit “A” which is attached hereto and incorporated by this reference, and depicted on the diagram attached hereto as Exhibit “B” which is incorporated by this reference; and WHEREAS, on or about June 18, 2024 the City made a written offer to acquire the Property to the record owners in compliance with Government Code Section 7267.2(a), and the owners of the Property have expressed interest in selling the Property but, due to title and price issues, have not conveyed the Property to the City as of the date of this Resolution; and WHEREAS, on August 30, 2024 a Notice of Intent to Adopt a Resolution of Necessity for Acquisition of the fee simple interest in certain real property identified as Assessor’s Parcel No. 3064-461-03 (a copy of which is attached hereto as Exhibit “C” and incorporated by this reference) was mailed to all persons whose names appear on the last equalized County Assessment Roll as having an ownership interest in the Property, and to the address appearing on said Roll, which Notice of Hearing advised said persons of their right to be heard on the matters referred to therein on the date and at the time and place stated therein; and WHEREAS, the hearing that was the subject of said Notice of Hearing was held on September 17, 2024, at the time and place stated therein and all interested parties were given an opportunity to be heard on the following matters:
1. Whether the public interest and necessity require the Project;
2. Whether the Project is planned or located in a manner which is most compatible with the greatest public good and the least private injury;
3. Whether the Property proposed to be acquired is necessary for the Project;
4. Whether an offer meeting the requirements of Government Code Section 7267.2 has been made to the owner(s) of record;
2 5. Whether the offer required by Section 7267.2 of the Government Code was made in the form and substance required by law.
WHEREAS, the City Council, as a result of such hearing, has determined that the public health, safety, and welfare require the City to acquire the Property for the stated purposes.
NOW THEREFORE, BE IT RESOLVED , that the City Council hereby does find, determine, and declare based upon evidence presented to it as follows:
Section 1. The staff report presented regarding this matter at the September 17, 2024 hearing is incorporated herein by this reference. The facts referenced in this Resolution and the staff report, and specifically the recitals above, are found to be true and are incorporated herein by this reference. The findings made by the City Council herein are supported by substantial evidence contained in the record of this proceeding.
Section 2. The Property to be acquired is located within the City of Hesperia, County of San Bernardino, State of California, Assessor's Parcel No. 3064-461-03-0000, described in Exhibit “A” and depicted in Exhibit “B”.
Section 3. The public interest, convenience, and necessity require the Project for construction and development of a water retention basin to address water and climate issues.
Section 4. The Project is planned in the manner which will be the most compatible with the greatest public good and the least private injury. The Property is currently vacant and undeveloped. The current topography of the Property, with its significant downward slope on part of the land, and surrounding area make it an ideal location for a water retention basin.
Additionally, the Project further minimizes adverse impacts by being built on undeveloped land rather on existing residential uses. Other potential locations for the Project are technically infeasible or have greater adverse impacts.
Section 5. Acquisition of the Property is necessary to the Project, as the location of the Property make it an ideal location to construct a water retention basin. As already stated, other potential locations for the Project are technically infeasible or have greater adverse impacts.
In other words, without the Property, the Project cannot be constructed. Acquisition of the Property is expressly authorized by Section 19 of Article 1 of the California Constitution, California Code of Civil Procedure Sections 1240.010 through 1240.050 and Government Code Sections 37350, 37350.5, and 37361.
Section 6. The offer required by Government Code Section 7267.2 has been made to the owners of record of the Property, by way of letter, dated June 18, 2024 and the owners of the Property responded and have agreed to sell the Property to the City, but the real property transaction cannot be completed without a court declaring clean title on the Property.
Section 7. The City hereby declares its intent to acquire the Property described in Exhibit “A” in the City’s name, in accordance with the provisions of the law of the State of California and finds that all conditions, statutory requirements and prerequisites to the exercise of eminent domain to acquire the Property described herein and the Project have been complied with by the City.
Section 8. The law firm of Aleshire & Wynder, LLP, is hereby authorized and directed to prepare, institute, and prosecute in the name of the City such proceedings, in the Court having
3 proper jurisdiction thereof, as may be necessary for the acquisition of the Property in accordance with the provisions of the California Eminent Domain Law and the Constitution of California. Said counsel are also authorized and directed to obtain any necessary order of the Court granting the City the right of immediate possession and occupancy of the Property.
PASSED, APPROVED and ADOPTED at a regular meeting of the City Council of the City of Hesperia this 17th day of September, 2024.
________________________________
Larry Bird, Mayor
ATTEST:
____________________________
Erin Baum, Assistant City Clerk
4 STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss.
CITY OF HESPERIA )
I, MELINDA SAYRE, City Clerk of the City of Hesperia, California, do hereby certify that Resolution No. _________________________ was adopted by the City Council of the City of Hesperia at a regular meeting held on the __ day of _____, 2022, and that the same was adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________________
MELINDA SAYRE
CITY CLERK
5 EXHIBIT “A”
LEGAL DESCRIPTION
ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF HESPERIA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
THE SOUTHWEST ¼ OF THE NORTHEAST ¼ OF SECTION 15, TOWNSHIP 4 NORTH, RANGE 5 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF HESPERIA,
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF.
EXCEPTING THEREFROM THAT PORTION OF THE SOUTHWEST ¼ OF THE NORTHEAST ¼ OF SECTION 15, TOWNSHIP 4 NORTH, RANGE 5 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS:
BEGINNING AT THE EAST ¼ CORNER OF SAID SECTION 15; THENCE ALONG THE SOUTHERLY LINE OF SAID NORTHEAST ¼ SOUTH 89° 51' 40" WEST, 2639.59 FEET TO THE WESTERLY LINE OF SAID NORTHEAST ¼; THENCE ALONG SAID WESTERLY LINE NORTH 0° 48' 50" WEST, 1323.45 FEET TO THE NORTHERLY LINE OF SAID SOUTHWEST ¼ OF THE NORTHEAST ¼ OF SECTION 15, AND THE TRUE POINT OF BEGINNING; THENCE ALONG SAID NORTHERLY LINE NORTH 89° 52' 12" EAST, 1321.76 FEET TO THE EASTERLY LINE OF SAID SOUTHWEST ¼; THENCE ALONG SAID EASTERLY LINE SOUTH 0° 43' 44" EAST, 1195.49 FEET; THENCE NORTH 60° 19' 53" WEST 254.22 FEET; THENCE NORTH 44° 50' 07" WEST, 794.29 FEET; THENCE NORTH 55° 02' 01" WEST, 410.04 FEET; THENCE SOUTH 34° 57' 59" WEST, 369.76 FEET TO SAID WESTERLY LINE OF THE SOUTHWEST ¼ OF THE NORTHEAST ¼; THENCE ALONG SAID WESTERLY LINE NORTH 0° 48' 50" WEST, 571.40 FEET TO THE TRUE POINT OF BEGINNING.
APN: 3064-461-03-0-000
6 EXHIBIT “B”
PLAT MAP
7 EXHIBIT “C”
NOTICE OF INTENT TO ADOPT RESOLUTION OF NECESSITY
[on following pages]
LEGAL DESCRIPTION
ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF HESPERIA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
THE SOUTHWEST ¼ OF THE NORTHEAST ¼ OF SECTION 15, TOWNSHIP 4 NORTH, RANGE 5 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF HESPERIA,
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF.
EXCEPTING THEREFROM THAT PORTION OF THE SOUTHWEST ¼ OF THE NORTHEAST ¼ OF SECTION 15, TOWNSHIP 4 NORTH, RANGE 5 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS:
BEGINNING AT THE EAST ¼ CORNER OF SAID SECTION 15; THENCE ALONG THE SOUTHERLY LINE OF SAID NORTHEAST ¼ SOUTH 89° 51' 40" WEST, 2639.59 FEET TO THE WESTERLY LINE OF SAID NORTHEAST ¼; THENCE ALONG SAID WESTERLY LINE NORTH 0° 48' 50" WEST, 1323.45 FEET TO THE NORTHERLY LINE OF SAID SOUTHWEST ¼ OF THE NORTHEAST ¼ OF SECTION 15, AND THE TRUE POINT OF BEGINNING; THENCE ALONG SAID NORTHERLY LINE NORTH 89° 52' 12" EAST, 1321.76 FEET TO THE EASTERLY LINE OF SAID SOUTHWEST ¼; THENCE ALONG SAID EASTERLY LINE SOUTH 0° 43' 44" EAST, 1195.49 FEET; THENCE NORTH 60° 19' 53" WEST 254.22 FEET; THENCE NORTH 44° 50' 07" WEST, 794.29 FEET; THENCE NORTH 55° 02' 01" WEST, 410.04 FEET; THENCE SOUTH 34° 57' 59" WEST, 369.76 FEET TO SAID WESTERLY LINE OF THE SOUTHWEST ¼ OF THE NORTHEAST ¼; THENCE ALONG SAID WESTERLY LINE NORTH 0° 48' 50" WEST, 571.40 FEET TO THE TRUE POINT OF BEGINNING.
APN: 3064-461-03-0-000
Attachment 2
PLAT MAP