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HomeMy WebLinkAbout2005-291 .. , . . . 1 RESOLUTION NO. 2005-291 2 3 RESOLUTION OF mE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN OF SAN BERNARDINO APPROVING THE 2005 DISPOSITION AND DEVELOPMENT AGREEMENT ("DDA") BY AND BETWEEN mE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ("AGENcY") AND WATSON-WESTRIDGE, LLC ("DEVELOPER") (CITY AND AGENCY PROPERTY LOCATED NORm OF FOOTHILL' DRIVE, EAST OF STERLING AVENUE (AP# 0155-361- 25, 0155-381-11 & 45 - 143.72 ACRES IN THE CITY OF SAN BERNARDINO) ("PROPERTY"). AND MAKING CERTAIN FINDINGS THERETO RELATED TO THE DEVELOPMENT OF THE PROPERTY 4 5 6 7 8 9 WHEREAS, the City of San Bernardino, California (the "City"), is a municip 10 corporation and charter city, duly organized and existing pursuant to the provisions of th 11 constitution of the State of California; and 12 WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency") is a public body, corporate and politic existing under the laws of the State of California, Heal 13 and Safety Code 33101, and is charged with the mission of redeveloping blighted an 20 WHEREAS, the Agency is also the current owner of that certain real property consistin 14 15 underutilized land, and the Agency desires to acquire certain land (the "Property") from the Ci pursuant to Health and Safety Code Section 33396; and WHEREAS, the City has determined that the Property is no longer necessary for th 16 17 City's use; and 18 WHEREAS, the Property consists of approximately 135.6 acres (APN: 0155-361-25 19 located north of Foothill Drive, east of Sterling Avenue in the City of San Bernardino; and 21 of approximately 8.12 acres (APN: 0155-381-11 and 45) located north of Foothill Drive, east 0 22 Sterling Avenue, south of the City's Property, separated by the San Bernardino County Floo 23 Control District (the "Agency Property") ( collectively referred to as the "Site"); and 24 WHEREAS, an updated MAl appraisal of the Property and the Agency Property has be 25 completed by Smothers Appraisal (the "Appraisal"); and -1- p:~__15W_W__MCC_""" ~ . 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CC~ 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 WHEREAS, said Appraisal has confirmed the fair market value of the Property and th Agency Property to be Seven Hundred Seventy Six Thousand Dollars ($776,000) for the City' Property and Three Hundred Sixty Eight Thousand Dollars ($368,000) for the Agency's Propert for a total fair market value of $1,144,000; and WHEREAS, the Agency is entering into a 2005 Disposition and Development Agreemen (the "DDA") with Watson-Westridge, LLC (the "Developer") pursuant to which the Agenc will, simultaneously with its purchase of the Property from the City, sell the Property and th Agency Property to the Developer for a purchase price of One Million Two Hundred Thousan Dollars ($1,200,000) which is considered to be in excess of the fair market value of the Site; and WHEREAS, the difference between the sales price ($1,200,000) and the curren appraised value ($1,144,000) for the Site is $56,000 (the "Excess Price") which is bein obligated by the Agency under the DDA for the potential acquisition of the required easement 0 land from the County of San Bernardino Control District to connect the City's Property and th Agency's Property and if the Excess Price is not needed for said purchase, the Excess Price wil be retained by the Agency to off-set its legal and administration expenses related to the Project. and WHEREAS, the DDA provides for the development of the Site by the Developer as residential neighborhood consisting of not more than 77 single family detached homes (th "Project"); and WHEREAS, the Agency has prepared and published a notice of joint public hearing . The San Bernardino County Sun Newspaper on July 18 and 25, 2005, regarding th consideration and approval of the DDA and also published a Notice of Intent to adopt Mitigated Negative Declaration related to the Project in accordance with Californi Environmental Quality Act ("CEQA"); and WHEREAS, pursuant to Health and Safety Code Section 33433(c), the Agency ma transfer the Site to the Developer subject to the Mayor and Common Council and Communit Development Commission adopting a Resolution authorizing the Agency to transfer the Site i -2- r:~__"lIouIZ_15W......W-"MCC_"" _"~"w""" ,c " 1\, ",~' " " 1 light of the findings set forth herein, pursuant to Health and Safety Code Section 33433; and 2 WHEREAS, the Agency has prepared a Summary Report pursuant to Health and Safety 3 Code Section 33433 that describes the salient points of the DDA and identifies the cost of the 4 DDA to the Agency; and 5 WHEREAS, the Agency is the "lead agency" for the Project, under the California 6 Environmental Quality Act, California Public Resources Code Sections 21000, et seq. 7 ("CEQA"), in accordance with Public Resources Code Section 21067 and Title 14 California 8 Code of Regulations Sections 15050 and 15051; and WHEREAS, the IS identified potentially significant effects on the environment i 11 WHEREAS, based on the potential significant affects on the environment, and commen received from respective affected agencies, the Agency has prepared the "Response t Comments for the IS", dated July 25, 2005, and the Mitigation Monitoring and Reportin Program (the "Monitoring Program"), Attachments V and VI to the Staff Report relative to th DDA between the Agency and the Developer to mitigate the potentially significant affects on th 9 connection with the proposed Project; and 10 12 13 14 15 environment, and the Developer has agreed to implement such mitigation measures pursuant t 16 'd M . . Pro d Sal omtonng gram; an 17 WHEREAS, the Agency has prepared the Mitigated Negative Declaration with respect t 18 the Project in accordance with the provisions of CEQA and the CEQA Guidelines develop 19 thereunder and the Mayor and Common Council will consider adoption thereof; and 20 WHEREAS, it is appropriate for the Mayor and Common Council to take action wi 21 respect to the disposition of the Site to the Developer by the Agency and to approve the DDA 22 set forth in this Resolution, 23 NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF S 24 BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS FOLLOWS: 25 Section 1. On August 15, 2005, the Mayor and Common Council ("Council" conducted a full and fair joint public hearing with the Community Development Commission, -3- p:~ISW_W-"MCC__ ~'T'"-- " ., 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the governing board of the Agency ("Commission"), relating to the disposition of the Site fro the Agency to the Developer and the development thereof pursuant to the DDA. The minutes 0 the City Clerk for the August IS, 2005 meeting of the Council shall include a record of al communication and testimony submitted to the Council by interested persons relating to th public hearing and the approval of the DDA and the adoption of the Mitigated Negativ Declaration. Section 2. The Council hereby receives and approves the 33433 Report and the oth written materials submitted to the Council at the meeting at which this Resolution is adopted The 33433 Report contains information required under Health and Safety Code Section 33433. Section 3. Prior to the opening of the joint public hearing at which this Resolution i adopted, the Council received the IS, Response to Comments, and the Mitigation Monitoring an Reporting Program for the Project. The Council finds and determines that there are no othe significant environmental effects or any differences in the severity of environmental effec associated with the implementation of the DDA from those assessed in the IS that would requir additional environmental review and the Council hereby adopts the Mitigated Negativ Declaration and the Mitigation Monitoring Program. Section 4. This Resolution is adopted in satisfaction of the provisions of Health an Safety Code Section 33433 relating to the disposition and the sale of the Site by the Agency t the Developer on the terms and conditions set forth in the DDA. A copy of the DDA in the fo submitted at this joint public hearing is on file with the City Clerk. The Council hereby find and determines that the disposition and redevelopment of the Site by the Developer i accordance with the DDA is consistent with the City's General Plan and that the consideratio payable by the Developer to the Agency as the purchase price for the Site, pursuant to the DDA is an amount which is not less than fair market value, and is more than the fair re-use value at it highest and best use, as set forth in the 33433 Report and the disposition of the Site to th Developer on the terms set forth in the DDA shall assist in the elimination of blight on the Site. Section S. The Resolution shall become effective immediately upon its adoption. -4- P:\ApadoI\IIoIo..-.__wa.15 w._w_.. MCC _...... --, " -.""',,-.~ 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN OF SAN BERNARDINO APPROVING THE 2005 DISPOSITION AND DEVELOPMENT AGREEMENT ("DDA") BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ("AGENcY") AND WATSON-WESTRIDGE, LLC ("DEVELOPER") (CITY AND AGENCY PROPERTY LOCATED NORTH OF FOOTmLL DRIVE, EAST OF STERLING AVENUE (APi 0155-361- 25, 0155-381-11 & 45 - 143.72 ACRES IN THE CITY OF SAN BERNARDINO) ("PROPERTY") AND MAKING CERTAIN FINDINGS THERETO RELATED TO THE DEVELOPMENT OF THE PROPERTY 2 3 4 5 6 7 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 8 Common Council of the City of San Bernardino at a joint reRular meeting thereof, held 9 10 on the 15th day of August Council Members: Aves ESTRADA x - LONGVILLE x MCGINNIS -1L DERRY --X- KELLEY x JOHNSON x MC CAMMACK x , 2005, by the following vote to wit: Abstain Absent Navs 11 12 13 14 15 16 17 ~.h.~ el G. Clark, City Clerk 18 19 20 The foregoing resolution is hereby approved this 17th day of 21 ,2005. 22 23 24 Approved as to form and Legal Content: Wendy cCammack, Mayor Pro Tern City of San Bernardino 25 .f~ By: -5- r:~15W_W-"MCC_""