RESOLUTION NO.
A RESOLUTION OF THE HOUSING AUTHORITY OF THE CITY OF RIVERSIDE, CALIFORNIA, PURSUANT TO ASSEMBLY BILL 1486 (GOVERNMENT CODE SECTION 54221(f)(1)(F)(i)) DECLARING AS EXEMPT SURPLUS THE CITY PROPERTY LOCATED AT 11049 BOGART AVENUE AND IDENTIFIED AS ASSESSOR PARCEL NUMBER 146-182-080, RIVERSIDE, CALIFORNIA WHEREAS, on January 10, 2012, the City Council adopted Resolution No. 22322 re-affirming the authorization of the City of Riverside to become Successor Agency to the Redevelopment Agency of the City of Riverside (“Successor Agency”) pursuant to ABx1 26; and WHEREAS, subsequent legislation entitled “Assembly Bill 1484”, signed into law on June 27, 2012, makes substantive amendments to ABx1 26 and specifically includes a requirement, set forth at Health & Safety Code section 34179(e), that all actions taken by the oversight board be adopted by resolution; and WHEREAS, on January 10, 2012, the City Council adopted Resolution No. 22323 whereby the City elected to not retain the responsibility of performing the housing functions previously performed by the former Redevelopment Agency (“RDA”) and designated the Housing Authority of the City of Riverside (“Housing Authority”) to be responsible to perform housing functions previously performed by the RDA. Concurrently, the Housing Authority adopted Resolution No. 7 and thereby accepted the City’s designation of the Housing Authority to be responsible to perform housing functions previously performed by the RDA; and WHEREAS, on March 30, 2012, and pursuant to Health & Safety Code section 34181(c), the Oversight Board adopted Resolution No. 1 directing the transfer of housing assets from the RDA to the Housing Authority; and WHEREAS, on July 31, 2012, and pursuant to Health & Safety Code section 34176(a)(2), the City submitted a Housing Assets Transfer Form to the Department of Finance for the period of February 1, 2012 through July 31, 2012; and WHEREAS, on September 11, 2012, the Department of Finance provided a letter to the City’s Development Director indicating that Finance was not objecting to any assets or transfers identified on the Housing Assets Transfer Form and after subsequent notifications, no objections were made by the Department of Finance to such transfers; and WHEREAS, a reconfirmation by the Oversight Board of the transfer of housing assets from the RDA to the Housing Authority has been advised by the State Controller’s Office; and WHEREAS, pursuant to above-noted actions, the Housing Authority of the City of Riverside (“Authority”) now owns property located at 11049 Bogart Avenue in the City and identified as Assessor Parcel Number 146-182-080 (“Property”); and WHEREAS, on March 14, 2019, the Housing Authority received an over-the-counter application from Neighborhood Partnership Housing Services (“NPHS”) to build 15 tiny cottages plus a small office building on the Property located at 11049 Bogart Avenue in the La Sierra Neighborhood (“Sunrise at Bogart Project”); a community that would provide housing for chronically homeless individuals coupled with case management. Upon consultation with the City, the proposed community was expanded to 23 units (22 affordable and one unrestricted managers unit); and WHEREAS, the mission of the proposed community would be to provide access to affordable housing coupled with case management and supportive services based on clients' needs and assist clients with graduating into permanent housing; and WHEREAS, on August 7, 2019, the Housing Authority and Sunrise at Bogart, LP (the “Developer”) entered into a Purchase Option Agreement, wherein the Developer was given an option to acquire the Property until March 31, 2020 (“Purchase Option Agreement”). The Parties subsequently amended the Purchase Option Agreement to extend the option period to August 31, 2020. On or about January 6, 2021, the Housing Authority entered into a Disposition and Development Agreement with Developer, to allow Developer to obtain a fee interest in the Property to develop the Sunrise at Bogart Project, with 11 units to be available to formerly homeless individuals with incomes at or below 30% of Area Median Income (“AMI”), 11 units to be available for very low income (50% of AMI) households and one manager’s unit; and WHEREAS, effective January 1, 2020, Assembly Bill 1486 (“AB 1486”) expanded the Surplus Land Act to provide that competitive written findings are to be made and adopted declaring property as either surplus property or exempt surplus property before a local agency may take any action to dispose of its property, and that such property had to be first made available to affordable housing developers; and WHEREAS, Government Code section 54234(A) provides that if a local agency, as of September 30, 2019, has entered into a legally binding agreement to dispose of property, the provisions of the Surplus Land Act as it existed before AB1486 will apply to the disposition of the property to the party that had entered into such agreement, provided the disposition is completed by December 31, 2022; and WHEREAS, under AB 1486 (Gov. Code section 54221(f)(1)(F)(i)), property may be declared “exempt surplus” property if the property is put out to open, competitive bid, provided all housing entities identified in subdivision (a) of Section 54222 of the Government Code will be invited to participate in the competitive bid process, for the following purpose “(i) A housing development, which may have ancillary commercial ground floor uses, that restricts 100 percent of the residential units to persons and families of low or moderate income, with at least 75 percent of the residential units restricted to lower income households, as defined in Section 50079.5 of the Health and Safety Code, with an affordable sales price or an affordable rent, as defined in Sections 50052.5 or 50053 of the Health and Safety Code, for a minimum of 55 years for rental housing and 45 years for ownership housing, and in no event shall the maximum affordable sales price or rent level be higher than 20 percent below the median market rents or sales prices for the neighborhood in which the site is located;” and WHEREAS, the Housing Authority, when receiving the proposal for the Sunrise at Bogart Project, did not put the Property out to such open competitive bid because of the binding Purchase Option Agreement and the Disposition and Development Agreement with Sunrise at Bogart, LP; and WHEREAS, the Housing Authority and Developer failed to complete the disposition by December 31, 2022; and WHEREAS, the Property is vacant land and is no longer necessary for the Housing Authority’s use and will be put out to an open, competitive bid by the Housing Authority, in compliance with the requirements of Government Code Section 54221(f)(1)(F) noted above, and therefore the Property falls within the AB 1486 definition of “exempt surplus property.” NOW THEREFORE, BE IT RESOLVED by the Housing Authority of the City of Riverside, California, as follows:
Section 1. The above recitals are incorporated herein as if set forth herein in full.
Section 2. The property located at 11049 Bogart Avenue in the City of Riverside and identified as Assessor Parcel Number 146-182-080 is no longer necessary for public use.
Section 3. Pursuant to Government Code section 54221(f)(1)(F)(i), the Property shall be disposed of pursuant to a competitive bid process, for the development of a housing development, which may have ancillary commercial ground floor uses, that restricts 100 percent of the residential units to persons and families of low or moderate income, with at least 75 percent of the residential units restricted to lower income households, as defined in Section 50079.5 of the Health and Safety Code, with an affordable sales price or an affordable rent, as defined in Sections 50052.5 or 50053 of the Health and Safety Code, for a minimum of 55 years for rental housing and 45 years for ownership housing, and in no event shall the maximum affordable sales price or rent level be higher than 20 percent below the median market rents or sales prices for the neighborhood in which the site is located.
Section 4. Pursuant to Government Code § 54221(f)(1)(F)(i), the Property is hereby declared to be exempt surplus property.
ADOPTED by the Housing Authority this _____ day of ___________________, 2023. _____________________________________
ERIN EDWARDS
Chair of the Housing Authority of the
City of Riverside
Attest:
_____________________________
DONESIA GAUSE
Secretary of the Housing Authority
of the City of Riverside
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I, Donesia Gause, Secretary of the Housing Authority of the City of Riverside, California, hereby certify that the foregoing resolution was duly and regularly adopted at a meeting of the Housing Authority of the City of Riverside, at its meeting held on the ______ day of _________________, 2023, by the following vote, to wit:
Ayes:
Noes:
Absent:
Abstain:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Riverside, California, this ________ day of ______________, 2023. __________________________________
DONESIA GAUSE
Secretary of the Housing Authority
of the City of Riverside
20-0739.2 SDW 5/05/23
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