HomeMy WebLinkAboutCDC/2002-06
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RESOLUTION NO: CDC/2002-6
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION
APPROVING AND AUTHORIZING THE REDEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO ("AGENCY") TO SELL ELEVEN
(11) VACANT PARCELS ON 20TH STREET BETWEEN ARDEN AND
GUTHRIE STREETS (2241, 2251, 2261, 2271, 2291, 2311, 2321, 2331, 2371,
2381 AND 2391 20th STREETS) (THE "PROPERTIES") 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 THE
REPAYMENT OF AGENCY LOWIMOD HOUSING FUNDS.
WHEREAS, the Agency purchased the following properties located at: 2251, 2331,
2371, 2241, 2271, 2321 E. 20th (the "Properties"), and said purchase was
accomplished using the Agency's Low and Moderate Income Housing fund (Housing
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Fund) in the amount of $402,544 (the "Fund") (Said costs includes relocation, demolition
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and ancillary costs associated with the property acquisition), and as a result of the general
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plan land use changes imposed upon the Properties by the City of San Bernardino on
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March 2, 1999, the Agency is no longer able to utilize or develop the Properties for the
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original intended use, and as such the Agency desires to sell the Properties at the AS IS fair
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market value to the San Bernardino City Unified School District ("District") and to enable
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the Agency to repay the Housing Fund ($111,000), and to facilitate the development of an
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23 Elementary School ("Emmerton II or Elementary School No. 47"), which said
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development is being prompted by the increases in student enrollment, and said
development is compatible with the current City land uses, (public commercial recreation
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(PCR); and
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WHEREAS, the Agency expended a total of $88,035 from its Community
Development Block Grant Program (CDBG) to purchase and demolish the following
properties: 2391, 2261, 2381, 2311 E. 20th Streets, (the "Parcels") and the sale of the
Parcels by the Agency to the District, will enable to the Agency to replenish a portion of
the funds expended for this purposes ($72,000); and
WHEREAS, on December 17, 2001, the Properties and Parcels were appraised by
an independent MAl Appraiser, (the "Appraisal"), and said Appraiser determined that the
value of the Properties and Parcels is $16,000 each for properties located at 2241,
2251,2261,2271,2311,2321,2331,2381 E.20th Streets, and $17,000, for the property located
at 2291 E. 20th Street, and 2311 and 2391 E. 20th Street for $19,000 each, for a total "as is"
market value of $183,000 (the "Market Value"), and pursuant to the Purchase ("Contract")
by and between the Agency and the District, the Agency shall sell and the District shall
purchase the Properties and the Parcels at the AS IS Market Value set for in the December
17, 2001 Appraisal; and
NOW, THEREFORE, THE COMMUNITY DEVELOPMENT 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 Properties were originally acquired by the Agency for affordable rental
housing purposes, and the Agency used and applied the sum of $402,544 from its Low and
Moderate Income Housing Fund to acquire the Properties which are hereby sold to the San
Bernardino City Unified School District (the "District"), subject to the terms and conditions of
the Agreement by and between the Agency and the District. Since the time of acquisition of the
Properties, the Agency has also incurred certain other expenses in connection with the originally
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planned redevelopment and reuse of the Properties for affordable rental housing purposes,
including the payment of relocation costs, property maintenance, security costs, asbestos
abatement and demolition costs for the unsafe and dilapidated structures thereon. Subsequent to
the original acquisition of the Properties by the Agency, the Agency determined that the
redevelopment of the Properties for affordable rental housing was no longer feasible in light of
the fact that the Properties are no longer zoned for residential purposes and do not conform to the
City's general plan land uses, and in light of the Arden Guthrie neighborhood in which the
Properties are situated was and continues to be so substantially afflicted with symptoms of
physical and social blight that the health and safety of the remaining residents of the Arden
Guthrie neighborhood will be benefited by the transfer and sale of the Properties at the current
"as is" fair market value of the such Properties to the District for use and improvement as a
public school site. The Agency hereby finds and determines that the disposition of the Properties
to the District, for the "as is" fair market value, is an authorized use of the Low and Moderate
Income Funds ofthe Agency as invested in the Properties, as set forth in this section, and under
Health and Safety Code Section 33334.2 (e) (2) (B). The proceeds of the sale of the Properties to
the District, less the costs of sale payable by the Agency under the Agreement, and any other
associated and reasonable costs incurred by the Agency for retaining or disposing of said
Properties, shall be deposited to the Agency's Low and Moderate Income Housing Fund
($111,000).
Section 2. Upon sale of the Parcels by the Agency to the District in accordance with the
Agreement, the Agency shall deposit said funds into the program income category of the CDBG
Program ($72,000).
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Section 3.
The Community Development Commission hereby finds and determines
that no further environmental review of the disposition and redevelopment of the Properties
pursuant to the Agreement is necessary at this time under the California Environmental Quality
Act (CEQA) in light of the following: On January 8, the Planning Commission of the City of San
Bernardino, found and determined that the development by the District of Elementary School
#47 on the Properties (together with adjacent land to be acquired by the District from other
parties) is consistent with the General Plan and current zoning regulations of the City's
applicable to the elementary school site and the Properties. The District is the "lead Agency", as
defined under the California Environmental Quality Act (CEQA), pursuant to Government Code
Section 65402 for the acquisition and redevelopment of the Properties and the development of
the Elementary School No.47 and the disposition of the Properties by the Agency to the District
shall be subject to all of the development mitigation measures as required for Elementary School
No. 47 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 Properties 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
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Resolution, the authorization granted to the chair of the Commission or the Executive Director
shall be of no further force or effect.
Section 6. Provided that the Agreement has been fully executed by the parties within
the period of time set forth in Section 5, above 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 and directed to execute an acknowledgemen
of acceptance of transfer of title of any of the properties 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
Properties from the Agency to the District upon satisfaction of the applicable conditions for the
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close of the escrow set forth in the Agreement.
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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 ELEVEN
(11) VACANT PARCELS ON 20TH STREET BETWEEN ARDEN AND
GUTHRIE STREETS (2241, 2251, 2261, 2271, 2291, 2311, 2321, 2331, 2371,
2381 AND 2391 20th STREETS) (THE "PROPERTIES") 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
THE REPAYMENT OF AGENCY LOW/MOD HOUSING FUNDS.
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by Community
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Development Commission of the City of San Bernardino at a Joint Regular
meeting
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thereof, held on the 22nd
day of January
, 2002 by the following vote,
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to wit:
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The foregoing resolution is hereby approved this day of
~/ ,2002.
~~-; ,C2a.~~-
Betty Dean Anderson
Mayor Pro Tern/Acting Chairman
City of San Bernardino
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to form and Legal Content:
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By: .
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