The City of Ontario on August 15 used its power of eminent domain to force the sale of 16 pieces of property.
Despite conducting the vote on the condemnation process at three public hearings held in the course of the August 15 meeting, nowhere in the documentation filed or recorded in conjunction with the action did the city specify the precise acreage of the property seized nor the prices to be provided for it.
Fourteen of the acquisitions were of portions of Assessor Parcel Numbers 0110-061-10, 0110- 061-21, 0110-061-24, 0110-061-25, 0110-061-30, 0110-061-31, 0110-131-20, 1048-472-15, 1048-472-22, 1048-472-24, 1048-472-25, 1049-141-24, 1049-141-25, 1049-141-30 and 1049- 141-31, all of which were, according to the city, “necessary for the construction of the Grove Avenue and Holt Boulevard Intersection Widening Project.”
A portion of Parcel Number 0110-061-10 was acquired from Crossroad Ontario LLC for a permanent easement and temporary construction easement at 1207 E. Holt Boulevard.
A portion of Parcel Number 0110-061-21 was acquired from OM Sai Hospitality, Inc. for a permanent easement and temporary construction easement. The site address is 1217 E. Holt Boulevard.
A portion of Parcel Number 0110-061-24 was acquired from Hideo Kikumoto and Jeanette M. Kikumoto as Trustees of the Kikumoto Trust dated June 27, 1988 for a permanent easement and temporary construction easement. The site address is 1315 E. Holt Boulevard. A portion of Parcel Number 0110-061-25 was acquired from Babubhai P. Prajapati, a married man as his sole and separate property and Shashikalaben Premchandbhai Prajapati, as Trustee of the Shashikalaben P. Prajapati Revocable Trust, dated January 16, 2021 for a permanent easement and temporary construction easement. The site address is 1241 E. Holt Boulevard.
A portion of Parcel Number 0110-061-30 was acquired from Ontario Property Owner, LLC for a permanent easement and temporary construction easement. The site address is 1253 E. Holt Boulevard.
A portion of Parcel Number 0110-061-31 was acquired from Mohammed I. Patel, Trustee of the Mohammed I. Patel Living Trust, dated May 12, 2000 for a permanent easement and temporary construction easement. The site address is 1253 E. Holt Boulevard, Unit B.
A portion of Parcel Number 0110-131-20 was acquired from Edward Berki, Trustee and Successor Trustee of the Edward Berki 2014 Living Trust, dated June 22, 2014 for two temporary construction easements. The site address is 1228 E. Holt Boulevard.
A portion of Parcel Number 1048-472-15 was acquired from Uikelotu Ngalo, Semisi M. Kakau, Semisi Kofu, Sione L. Tovi, Uilisa Uele, Sesmisi Tonga and Sosaia Ngalo for a permanent easement. The site address is 1182 E. Nocta Street.
A portion of Parcel Number 1048-472-22 was acquired from Virginia-Holt Housing, L.P. for a temporary construction easement. The site address is 110 N. Virginia Avenue, Ontario.
A portion of Parcel Number 1048-472-24 1048-472-25 was acquired from Elba, Inc. for two permanent easements and two temporary construction easements. The site address is 1133 & 1191 E. Holt Boulevard.
A portion of Parcel Number 1049-141-24 was acquired from Adel Batarseh for a permanent easement and temporary construction easement. The site address is 1194 E. Holt Boulevard.
A portion of Parcel Number 1049-141-25 was acquired from ShivaSMT, Inc. for a temporary construction easement. The site address is 1120 E. Holt Boulevard.
A portion of Parcel Number 1049-141-30 was acquired from Rexford Industrial -1172 Holt LLC Temporary Construction Easement. The site address is 1172 E. Holt Boulevard.
A portion of Parcel Number 1049-141-31 was acquired from Rexford Industrial -1154 Holt LLC for a temporary construction easement. The site address is 1154 E. Holt Boulevard.
A second public hearing was held that night to adopt a resolution of necessity to acquire Assessor Parcel No. 1011-221-19 located at 1522 West Mission Boulevard. The property is needed, according to the city for what is referred to as “Ontario’s intermediate Continuum of Care – Access Center Project.”
The property acquired consists of one parcel located on the north side of West Mission Boulevard, just west of Benson Avenue in Ontario, owned by The Ramanbhal G. Patel and Manjulaben R. Patel Revocable Living Trust.
A document filed in conjunction with the action states, “An offer of just compensation was made to the record owner to purchase the fee interest in the Property to be acquired, as established by the approved appraisal and as required by Section 7267.2 of the California Government Code. Although a negotiated settlement may still be possible for the fee interest cited above, it would be appropriate to commence the procedures to acquire the fee interest through eminent domain.” The document does not quantify what that offer of just compensation consisted of.
The city intends to convert the property into a permanent residence for the homeless.
“The proposed use of the property includes interim housing to assist those working to connect with permanent housing or other sheltered homeless solutions in having a stable and safe place to stay while required documentation is gathered and available housing is identified,” a document filed in conjunction with the public hearing on the item stated. “The current location the city utilizes to provide these services no longer provides adequate room to house these individuals, and as the unsheltered population in the city has grown, so has the city’s need for a larger facility. Since 2015, the City of Ontario has seen a 44 percent increase in unsheltered homelessness. The city’s motel voucher programs offer very time-limited shelter, no more than 7 days at a time. The city has no year-round emergency shelter beds for homeless individuals or families. This creates a significant barrier to effectively assisting these persons out of homelessness, as it makes it hard to keep appointments and follow through on activities such as securing stable income and looking for a place to live. These delays prolong their stays on the streets and contributes to the degradation of their physical and mental health. Lacking a safe, supported place to go, these individuals and families carry out their necessities of daily living and sleep in city parks, public and private places not meant for human habitation, and in their own vehicles, parked on city streets.”
A third public hearing was held to acquire by the use of eminent domain, according to a document filed in conjunction with the hearing, “one parcel located on the southwest corner of Mountain Avenue and “D” Street,” with an address of 325 North Mountain Avenue. According to that document, the property being acquired is described as Assessors Parcel No. 1010-521-26 and is owned by Dan and Sara Clark Family Trust and the Gillingwators Family Trust. “The acquisition is necessary to allow for the construction of affordable housing for the City of Ontario’s Mountain Avenue Housing Project,” according to the document.
Without specifying what the “just compensation” consisted of, the document states, “An offer of just compensation was made to the record owners to purchase the fee interest in the Property to be acquired, as established by the approved appraisal and as required by Section 7267.2 of the California Government Code. Although negotiated settlements may still be possible for the fee interests cited above, it would be appropriate to commence the procedures to acquire the necessary interest through eminent domain.
Seizing the property from the owners is justified, the document asserts, because “Over the last several years the city has partnered with highly regarded housing developers to fulfill the city’s commitment to increase the availability of affordable housing.”
In this regard, the document cites “Emporia Place, a 74-unit smoke-free affordable planned community located on the southeast corner of Holt Boulevard and Vine Avenue” which was completed in 2020 was completed. According to the city Emportia Place’s amenities “include a community room, splash pad, laundry facilities, a computer lab, and on-site management. These for rent apartments are highly desired by Ontario residents for households earning 60 percent below the area median income for San Bernardino County.”
Further, according to the city, “In 2021, the 101-unit Vista Verde affordable housing project located on the northeast corner of Holt Boulevard and Virginia Avenue opened to the public. This high-quality development houses families who earn between 30 and 60 percent of the area median income in Ontario. This development is an integral part of the city’s plan to demonstrate a sustainable community. Vista Verde is one of the first all-electric, zero net energy communities, designed and constructed using cost-efficient technologies and innovative approaches to prepare for a world of bike-and pedestrian-friendly communities that encourage healthier lifestyles and reduce pollution.”
According to the city, “The Mountain Avenue Housing Project follows these great developments as the next planned community to offer affordable housing to Ontario residents.”