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Home My WebLink About2003-287 RESOLUTION NO. 2003-287 2 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO (1) APPROVING THE EXCHANGE PURCHASE OF CERTAIN REAL PROPERTY BY THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") FROM STAN ROBBINS, AN INDIVIDUAL AND (2) APPROVING THE EXCHANGE SALE OF CERTAIN REAL PROPERTY BY THE AGENCY TO STAN ROBBINS 3 4 5 6 7 WHEREAS, the City of San Bernardino, California (the "City") is a municipal 8 corporation and charter city, duly organized and existing pursuant to the provisions of the 9 constitution of the State of California; and JO WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency") 11 desires to acquire certain real property (the "Robbins Property") owned by Stan Robbins, and 12 his assigns ("Robbins") in exchange for certain real property (the "Agency Property") owned 13 by the Agency, plus cash payable to the Agency in an amount equal to the difference between 14 the appraisal value of the Robbins Property and the Agency Property as set forth in that certain 15 agreement by and between Robbins and the Agency entitled "Disposition and Development 16 Agreement" (the "DDA"); and 17 WHEREAS, the Agency Property is located at 532 North D Street within the Central 18 City North Redevelopment Project Area and is improved with an approximately 4680 square 19 foot office commercial building; and 20 WHEREAS, an appraisal of the Agency Property was performed in March 2003 by 21 Inland Empire Consultant, Inc. (the "Appraiser"); and 22 WHEREAS, according to the report dated March 19, 2003 (the "Agency Appraisal 23 Report"), prepared by the Appraiser, the fair market value of the Agency Property is 24 $480,000.00; and 25 1 P:\Agcndas\RcsoIUlions\R""olutions\2003\03-1 0-20 532 N 0 51 MCC RCSQ,doc 2003-287 WHEREAS, the Robbins Property is located at 450 North F Street within the Central 2 City North Redevelopment Project Area and is vacant land; and 3 WHEREAS, an appraisal of the Robbins Property was performed in August 2003 by 4 the Appraiser; and 5 WHEREAS, according to the report dated August 6, 2003 (the "Robbins Appraisal 6 Report"), prepared by the Appraiser, the fair market value of the Robbins Property is 7 $150,000.00; and 8 WHEREAS, the Agency intends to enter into the DDA pursuant to which the Agency 9 will, simultaneously with its acquisition and exchange of the Robbins Property from Robbins 10 for the value of $150,000.00, transfer and exchange the Agency Property to Robbins for the 11 exchange value of $480,000.00; and 12 WHEREAS, the DDA further provides that the exchange value of the Robbins Property 13 will be applied against the exchange value of the Agency Property and for the payment by 14 Robbins to the Agency in cash of the balance due for the exchange and transfer of the Agency 15 Property by Robbins in the amount of $330,000 after such exchange value credit is recognized; 16 and 17 WHEREAS, an evaluation of the potential environmental effects of the simultaneous 18 exchange of the Agency Property and the Robbins Property is exempt from the California 19 Environmental Quality Act ("CEQA") and the CEQA Guidelines developed thereunder (the 20 "CEQA Guidelines"); and 21 WHEREAS, pursuant to Section 15301 of the CEQA Guidelines the exchange of the 22 Robbins Property and the Agency Property, respectively under the DDA, is a Class I 23 categorized exemption under the CEQA Guidelines as there will be no expansion of use of the 24 Agency Property by Robbins because the office building is already in existence and no further 25 2 P:\Agcndas\Resolulions\Resolulions\2003\OJ-10-20 532 N 0 51 MCC RCSQ,doc 2003-287 development is needed or contemplated upon acquisition, and the Agency plans to hold the 2 Robbins Property upon acquisition as an unimproved property asset of the Agency; and 3 WHEREAS, the exchange of the Robbins Property and the Agency Property under the 4 DDA will not expand the existing use of either property and no requirement of an additional 5 environmental review or further environmental review of the exchange of the real property is 6 necessary; and 7 WHEREAS, the exchange and acquisition of the Agency Property by Robbins and the 8 exchange and acquisition of the Robbins Property by the Agency is consistent with the Central 9 City North Redevelopment Plan; and 10 WHEREAS, it is appropriate for the Mayor and Common Council to approve the 11 acquisition of the Robbins Property from Robbins and the disposition of the Agency Property 12 to Robbins as set forth in the DDA and this Resolution. 13 NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND 14 ORDERED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 15 BERNARDINO, AS FOLLOWS: 16 Section 1. This Resolution is adopted in furtherance of the provisions of Health and 17 Safety Code Section 33433 ("Summary Report"). Said Summary Report is on file with the 18 Agency Secretary. 19 Section 2. The Mayor and Common Council has conducted a full and fair publi 20 hearing regarding the disposition and exchange of the Agency Property for the Robbins Prope 2 I pursuant to the terms and conditions of the DDA. The disposition of the Agency Property i 22 consistent with the adopted Implementation Plan of the Agency and the total value an 23 consideration realized by the Agency under the DDA for the exchange and disposition of th 24 Agency Property and the Robbins Property is not less than the fair market value of the Agenc 25 Property at its highest and best use in accordance with the Redevelopment Plan. Subject to th 3 P:\Agcndas\Rcsolutions\Resolulions\1003\03-10.20 532 N D Sl MCC Rcso,doc 2003-287 approval of the DDA by the Community Development Commission of the City of S 2 Bernardino, the Mayor and Common Council, hereby approve the simultaneous exchange of th 3 Agency Property and the Robbins Property on the terms set forth in the DDA. 4 Section 3. The Mayor and Common Council find that the exchange of the rea 5 property and the DDA will not expand the existing use of either property and no requirement 0 6 an additional environmental review or further environmental review of the exchange of the rea 7 property is necessary as provided for in CEQA Guidelines Section 15301. 8 Section 4. This Resolution shall take effect upon its adoption and execution in the 9 manner as required by the City Charter. 10 I I I 1J /II 12 /II 13 /II 14 /II 15 /II 16 1/1 17 /II 18 /II 19 /II 20 /II 21 /II 22 /II 23 /II 24 /II 25 /II 4 P:\Agcndas\Rcsolulions\Resolulions\2003\03-10-20 532 N 0 Sl MCC Reso.doc 2003-287 2 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO (1) APPROVING THE EXCHANGE PURCHASE OF CERTAIN REAL PROPERTY BY THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") FROM STAN ROBBINS, AN INDIVIDUAL AND (2) APPROVING THE EXCHANGE SALE OF CERTAIN REAL PROPERTY BY THE AGENCY TO STAN ROBBINS 3 4 5 6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 7 Common Council of the City of San Bernardino at a meeting thereof, held jt. regular 8 on the 20th day of October , 2003, by the following vote to wit: Council Members: Aves Navs Abstain Absent ESTRADA x LONGVILLE x - MCGINNIS X - DERRY X SUAREZ ...x.....- ANDERSON X MC CAMMACK ...x....- 9 10 JJ 12 13 14 15 16 Rg.aJut}j. CltvJJ ~if sJ~~~dJr~;J~~ The foregoing resolution is hereby approved'tliis 'Z2...d day of October ,2003. / 17 18 19 20 21 alles, Mayor City of San Bernardino 22 Approved as to form and legal content: 23 24 By: ? ~ 25 5 P:\Agcndas\Rcsolulions\Resolulions\2003\03-1O-20 532 N D St MCC Rcso,doc