HomeMy WebLinkAboutCDC/2002-05
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RESOLUTION NO: CDCj2002-S
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RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION
APPROVING AND AUTHORIZING THE REDEVELOPMENT AGENCY OF
THE CITY OF SAN BERNARDINO ("AGENCY") TO SELL CERTAIN
VACANT PARCELS GENERALLY LOCATED AT 9TH AND DEL ROSA
(AP#278-061-54, 68, 74, &75; 278-201-30, 31, 32, 33 & 34) (THE "SITE") TO
THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT (THE
"DISTRICT") PURSUANT TO A PURCHASE CONTRACT AND MAKING
CERTAIN FINDINGS WITH RESPECT TO SAID SALE BY THE AGENCY
AND REPAYMENT OF AGENCY LOWIMOD HOUSING FUNDS.
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WHEREAS, the Redevelopment Agency of the City of San Bernardino
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("Agency") is a public body, corporate and politic, organized and existing pursuant to
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the constitution of the State of California; and
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WHEREAS, the Agency acquired an approximate seventy three (73) acre site
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situated near the southern corner of the intersection of 9th Street and Del Rosa (the
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"Site") in the City of San Bernardino (the "City") from the State of California
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pursuant to the terms of an agreement, dated September 14, 1988 by and among the
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State of California acting through the Director of General Services and the City and
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the Agency; and
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WHEREAS, funds of the Agency Low/Moderate Income Housing Fund from
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the Tri-City Redevelopment Project Area, in the amount of approximately $3 million,
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were used to acquire the Site; and
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WHEREAS, pursuant to Health and Safety Code Section 33334.16, (the
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"Code") the Agency is required to dispose of or initiate redevelopment activities
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consistent with the development of the Site within five years from the date it first
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acquires the Site; and
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WHEREAS, on May 15, 2000, due to the 1998-1999 financial audit report, the
Agency was found in violation of the Code, and as such, the Agency adopted
Resolution CDC2000-13, correcting the failure of the Agency to dispose of the Site or
redevelop the Site pursuant to the Code, and approved the Low and Moderate Income
Housing Fund Redevelopment Cooperation and Reimbursement Agreement (the
"Reimbursement Obligation Agreement") whereby the Agency agreed to repay the
Low/Moderate Income Housing Fund the sum of $2,416,437 ("Principle Loan
Amount") from the Agency's Tri City Redevelopment Project Area tax increment
fund; and
WHEREAS, pursuant to the terms of the Reimbursement Obligation
Agreement, the Agency shall make annual payments commencing July 1,2001, and a
portion of the required $100,000 was applied to the Principle Loan Amount, and
therefore, the remaining loan balance as it pertains to the Site is presently $2,339,000;
and
WHEREAS, in order to establish the value for the Site and enter into the
Reimbursement Obligation Agreement, the Site was appraised in August 2000, by an
independent MAl Appraiser, and said Appraiser determined that the value of the Site
(includes all 73 acres) is $1,973,000 (the "Appraisal"); and
WHEREAS, in order to fulfill the Agency's obligation to dispose of the Site
consistent with the Code, the Agency desires to sell the subject Site to the San
Bernardino City Unified School District (the "District"), and the District desires to
purchase 55 net usable acres within the 73 acre Site at the AS IS, FAIR MARKET
VALUE, of the Site, as established by the August 2000 Appraisal, or a mutually
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agreed upon purchase pnce as established by a current appraisal of the Site, as
mutually approved and agreed upon by the Agency and District, and the Agency
desires to deposit the fair market value for the Site into the Agency's Low and
Moderate Income Housing Fund in order to relieve the Agency's Tri-City
Redevelopment Project Area from the obligation to annually submit payments to the
Low/Moderate Income Housing Fund.
NOW, THEREFORE, THE COMMUNITY DEVELOPMENT
COMMISSION (THE "COMMISSION") ACTING ON BEHALF OF THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO DOES
HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. The Site was originally acquired by the Agency for development of
affordable housing purposes, and the Agency used and applied the sum of $2,416,437
from its Low and Moderate Income Housing Fund to acquire the Site which are
hereby sold to the San Bernardino City Unified School District (the "District"),
pursuant to the terms and conditions of the Purchase Contract (the "Agreement").
Section 2. The Commission hereby finds and determines that despite the
Agency's prior efforts to cause the Site to be redeveloped for affordable housing
purposes, general economic conditions and the further blight resulting from the
closure of the nearby former Norton Air Force Base have prevented the Agency from
redeveloping the Site for affordable housing purposes. These conditions were
summarized in a written report dated March 22, 1995, as previously approved by the
Commission. The Commission hereby further finds and determines that since the time
of the March 22, 1995 Report, conditions which support the redevelopment and reuse
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of the Site for affordable housing purposes have not materially improved and
accordingly, the Commission concurs that it is in the best interest of the Agency to
dispose of the Site to the District in an effort to comply with the Law and repay the
Low and Moderate Income Housing Fund, and to also assist the District in meeting the
student population needs of the City of San Bernardino. The Commission further
finds and determines that the City will benefit by the transfer and sale of the Site at the
current fair market value to the District for use and improvement as a public school
site. The proceeds of the sale of the Site to the District, less the costs of sale payable
by the Agency under the Agreement, shall be deposited to the Agency's Low and
Moderate Income Housing Fund and applied towards the debt established by the
Reimbursement Obligation Agreement and the Agency Executive Director is further
authorized and directed to send a report to the State of California, citing the fact that it
is unreasonable and unfeasible to expect the Agency to derive more than the present
"as is fair market value" for the Site; and as such, the Agency seeks to eliminate the
debt against the Tri City Redevelopment Project Area as set forth in the
Reimbursement Obligation Agreement given the circumstances set forth herein.
Section 3. The Commission hereby finds and determines that no further
environmental review of the disposition and redevelopment of the Site pursuant to the
Agreement is necessary in light of the fact that on January 8, 2002, the Planning
Commission of the City of San Bernardino, found and determined that the
development by the District of a proposed high school on the Site is consistent with
the City General Plan and current zoning regulations applicable to the Site. The
District is the "lead Agency", as defined under the California Environmental Quality
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Act (CEQA), for the acquisition and redevelopment of the Site with a high school and
the disposition of the Site by the Agency to the District shall be subject to all of the
development mitigation measures as required under CEQA.
Section 4. The Commission hereby approves, receives and files the 33433
Summary Report and the Agreement in the form as submitted at this joint public
hearing.
Section 5. The Commission hereby approves the disposition of the Site to
the District, subject to the terms and conditions of the Agreement. The Chair of the
Commission, and or the Executive Director are hereby and directed to execute the
Agreement on behalf of the Agency together with technical and conforming changes
as may be recommended by the Executive Director and approved by Agency Counsel.
The signatures of the Chair of the Commission and or the Executive Director on the
Agreement shall provide conclusive evidence that the Agreement has taken effect. In
the event that the Agreement may not be fully executed by the parties for any reason
within sixty (60) days following the date of adoption of this Resolution, the
authorization granted to the Chair of the Commission and or the Executive Director
shall be of no further force or effect.
Section 6. Provided the Agreement has been fully executed by the parties
within the period of time set forth in Section 5 of this Resolution, the Executive
Director of the Agency is hereby authorized and directed to take all actions set forth in
the Agreement on behalf of the Agency to close the escrow transaction described
herein. The Chair of the Commission and or the Executive Director are further
authorized to execute an acknowledgement of acceptance of transfer of title of the Site
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subject to the Agreement from the City of San Bernardino pursuant to the Resolution
of the Mayor and Common Council of even date herewith, and to execute the final
form of the Agency Grant Deed transferring title to the Site. from the Agency to the
District upon satisfaction of the applicable conditions for the close of the escrow set
forth in the Agreement.
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CDC/2002-S
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RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION
APPROVING AND AUTHORIZING THE REDEVELOPMENT AGENCY OF
THE CITY OF SAN BERNARDINO ("AGENCY") TO SELL CERTAIN
VACANT PARCELS GENERALLY LOCATED AT 9TH AND DEL ROSA
(AP#278-061-54, 68, 74, &75; 278-201-30, 31, 32, 33 & 34) (THE "SITE") TO
THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT (THE
"DISTRICT") PURSUANT TO A PURCHASE CONTRACT AND MAKING
CERTAIN FINDINGS WITH RESPECT TO SAID SALE BY THE AGENCY
AND REPAYMENT OF AGENCY LOW/MOD HOUSING FUNDS.
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by Community
Development Commission of the City of San Bernardino at a Joint Regular
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meeting thereof, held on the 22nd
following vote, to wit:
COMMISSION MEMBERS: AYES
ESTRADA
LIEN
MCGINNIS x
SCHNETZ x
SUAREZ x
ANDERSON x
MC CAMMACK x
day of January ,2002 by the
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NAYS
ABSTAIN
ABSENT
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x
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x
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The foregoing resolution is hereby approved this
day of C"'ctJb.AA~ ' 2002.
.....__ ~ .Q/2.....v_J
Betty Dean Anderson
Mayor Pro Tern/Acting Chairman
City of San Bernardino
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By:
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