HomeMy WebLinkAbout2004-386(See Companion Resolution CDC/2004-49)
1 RESOLUTION NO. 2004-386
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A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
3 CITY OF SAN BERNARDINO APPROVING THE SALE OF CERTAIN
REAL PROPERTY BY THE REDEVELOPMENT AGENCY OF THE
4 CITY OF SAN BERNARDINO TO WATERMAN HOLDINGS LLC (4TH
5 & WATERMAN AVENUE — APN 0135-191-11)
6 WHEREAS, the City of San Bernardino, California (the "City") is a municipal
7 corporation and charter city, duly organized and existing pursuant to the provisions of the
8 constitution of the State of California; and
9 WHEREAS, the Redevelopment Agency of the City of San Bemardino (the "Agency")
10 desires to dispose of certain real property (the "Agency Property") owned by the Agency, as
11 set forth in that certain agreement by and between Waterman Holdings, LLC (the "Buyer") and
12 the Agency entitled "Disposition and Development Agreement' (the "DDA"); and
13 WHEREAS, the Agency Property is located at the southwest corner of 4`h Street and
14 Waterman Avenue within the Central City East Redevelopment Project Area and is
15 unimproved; and
16 WHEREAS, an appraisal of the Agency Property was performed in October, 2004 by
17 Smothers Appraisal (the "Appraiser"); and
18 WHEREAS, according to the appraisal report dated October 27, 2004 (the "Agency
19 Appraisal Report"), prepared by the Appraiser, the fair market value of the Agency Property is
20 $3.00 per square foot; and
21 WHEREAS, the Agency intends to enter into the DDA pursuant to which the Agency
22 proposes to sell the Agency Property to the Buyer for the fair market value of $3.00 per square
23 foot; and
24 WHEREAS, pursuant to Section 15332 of the California Environmental Quality Act
25 Guidelines the Agency has reviewed the proposed sale and use of the Property and has
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2004-386
1 determined that the project, as identified in the DDA, is exempt from the Act and qualifies for
2 a Categorical Exemption, Class 32 (Guidelines Section 15332) as the project meets all four
3 requirements for an Infill Project; and
4 WHEREAS, the acquisition of the Agency Property by the Buyer is consistent with the
5 Central City East Redevelopment Plan; and
6 WHEREAS, it is appropriate for the Mayor and Common Council to approve the
7 disposition of the Agency Property to the Buyer as set forth in the DDA and this Resolution.
8 NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND
9 ORDERED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
10 BERNARDINO, AS FOLLOWS:
11 Section 1. This Resolution is adopted in fiutherance of the provisions of Health and
12 Safety Code Section 33433 ("Summary Report"). Said Summary Report is on file with the
13 Agency Secretary.
14 Section 2. The Mayor and Common Council have conducted a full and fair public
15 hearing regarding the disposition of the Agency Property pursuant to the terms and conditions
16 of the DDA. The disposition of the Agency Property is consistent with the adopted
17 Implementation Plan of the Agency and the total value and consideration realized by the
18 Agency under the DDA for the disposition of the Agency Property is not less than the fair
19 market value of the Agency Property at its highest and best use in accordance with the
20 Redevelopment Plan. Subject to the approval of the DDA by the Community Development
21 Commission of the City of San Bernardino, the Mayor and Common Council, hereby approve
22 the disposition of the Agency Property on the terms set forth in the DDA.
23 Section 3. The Mayor and Common Council find that the disposition of the Agency
24 Property as contemplated under the DDA qualifies as an In -fill Project pursuant to Section
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2004-386
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15332 of CEQA and is therefore exempt from the Act and qualifies for a Categorical
Exemption.
Section 4. This Resolution shall take effect upon its adoption and execution in the
manner as required by the City Charter.
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2004-386
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A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO APPROVING THE SALE OF CERTAIN
REAL PROPERTY BY THE REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO TO WATERMAN HOLDINGS LLC (4Te
& WATERMAN AVENUE — APN 0135-191-11)
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a joint regular meeting thereof, held
on the 6th day of December 2004, by the following vote to wit:
Council Members: Ayes Nays Abstain Absent
ESTRADA x
LONGVILLE x
MCGINNIS x
DERRY x _
KELLEY x
JOHNSON x
MC CAMMACK x
1 A �-, r
G. Clark, City Clerk
The foregoing resolution is hereby approved this 9-i day of December
Approved as tQ form and legal content:
to
James F. Penri
City Attorney
LI
Valles, Mayor
City of San Bernardino
2004.
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