HomeMy WebLinkAboutCDC/2005-25
RESOLUTION NO. CDC/2005-15
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RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO APPROVING THAT CERTAIN
PURCHASE AND SALE AGREEMENT BY AND BETWEEN THE CITY
OF SAN BERNARDINO ("CITY") AND THE REDEVELOPMENT
AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY")
RELATING TO THE SALE OF CITY PROPERTY LOCATED NORTH
OF FOOTHILL DRIVE, EAST OF STERLING AVENUE (135.6 ACRES:
AP# 0155-361-25) IN THE CITY OF SAN BERNARDINO
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WHEREAS, the City of San Bernardino, California (the "City"), is a municipal
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corporation and charter city, duly organized and existing pursuant to the provisions of the
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constitution of the State of California; and
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WHEREAS, the City is the current owner of that certain real property consisting of
approximately 135.6 acres (APN: 0155-361-25) located north of Foothill Drive, east of Sterling
Avenue in the City of San Bernardino (the "Property"); and
WHEREAS, the City has determined that the Property is no longer necessary for the
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City's use; and
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WHEREAS, the City desires to sell the Property to the Redevelopment Agency of the
City of San Bernardino (the "Agency") pursuant to the provisions of the Charter of the City and
the provisions of the Municipal Code, including without limitation Section 2.65.050; and
WHEREAS, the Agency is also the current owner of that certain real property consisting
of approximately 8.12 acres (APN: 0155-381-11 and 45) located north of Foothill Drive, east of
Sterling Avenue in the City of San Bernardino, south of the City's Property, separated by
property owned by the San Bernardino County Flood Control District; and
WHEREAS, an updated MAl appraisal of the Property has been completed by Smothers
Appraisal (the "Appraisal") confirming a fair market value of Seven Hundred Seventy Six
Thousand Dollars ($776,000) for the City's Property and Three Hundred Sixty Eight Thousand
Dollars ($368,000) for the Agency's property for a total fair market value of $1,144,000; and
WHEREAS, the Agency is entering into a 2005 Disposition and Development
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Agreement (the "DDA") with Watson-Westridge, LLC (the "Developer"), pursuant to which the
Agency will, simultaneously with its purchase of the Property from the City, sell the Property
and the Agency's property to the Developer for a purchase price of One Million Two Hundred
Thousand Dollars ($1,200,000) which is considered to be in excess of the fair market value of
the City Property and the Agency property; and
WHEREAS, the difference between the sales price of $1,200,000 and the appraised
value of the two properties of $1,144,000 is $56,000 (the "Excess Price") which is being
obligated by the Agency under the DDA for the potential acquisition of the required easement
or land from the County of San Bernardino Flood Control District to connect the City Property
and the Agency property, and if the Excess Price is not needed for said purchase, the Excess
Price will 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 Property and the Agency
property by the Developer as a residential neighborhood consisting of at not more than 77 single
family detached homes (the "Project"); and
WHEREAS, the Agency is the "lead agency" for the Project, under the California
Environmental Quality Act, California Public Resources Code Sections 21000, et seq.
("CEQA"), in accordance with Public Resources Code Section 21067 and Title 14 California
Code of Regulations Sections 15050 and 15051; and
WHEREAS, the IS identified potentially significant effects on the environment in
connection with the proposed Project; and
WHEREAS, based on the potential significant affects on the environment, and
comments received from respective affected agencies, the Agency has prepared the "Response
to Comments for the IS", dated July 25, 2005, and the Mitigation Monitoring and Reporting
Program (the "Monitoring Program"), Attachments V and VI to the Staff Report, relative to the
DDA between the Agency and the Developer and the proposed Project to avoid or mitigate the
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potentially significant effects on the environment, and the Developer has agreed to implement
such proposals pursuant to said Monitoring Program; and
WHEREAS, the Agency has prepared and the Mayor and Common Council will
consider approval of the Mitigated Negative Declaration with respect to the Project in
accordance with the provisions of CEQA and the CEQA Guidelines developed thereunder; and
WHEREAS, a Purchase and Sale Agreement (the "Agreement") Attachment II to the
Staff Report, pursuant to which the City will convey the Property to the Agency; and
WHEREAS, it is appropriate for the Community Development Commission of the City
of San Bernardino to take action with respect to the sale of the Property to the Agency and the
subsequent disposition and development of the Property.
NOW, THEREFORE, THE COMMUN1TY DEVELOPMENT COMMISSION OF THE
CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS
FOLLOWS:
Section 1. The Community Development Commission hereby approves the
Agreement and authorizes and directs the Chairperson to execute the Agreement on behalf of
the Agency together with such technical and conforming changes as may be recommended by
the Executive Director of the Agency and approved by Agency Counsel.
Section 2. Provided that the Agreement has been fully executed by the parties, 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 therein.
Section 3. The Community Development Commission hereby directs and authorizes
that a Mitigated Negative Declaration and Notice of Determination shall be prepared and filed
with the County Clerk for the reasons noted in the above Recitals.
Section 4. The Resolution shall become effective immediately upon its adoption.
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P:\Al:endas\Resolutions\Relolutions\2005\OS-08-15 Watson-Westride:e CDC Reso C1.do(
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RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO APPROVING THAT CERTAIN
PURCHASE AND SALE AGREEMENT BY AND BETWEEN THE CITY
OF SAN BERNARDINO ("CITY") AND THE REDEVELOPMENT
AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY")
RELATING TO THE SALE OF CITY PROPERTY LOCATED NORTH
OF FOOTHILL DRIVE, EAST OF STERLING AVENUE (135.6 ACRES:
AP# 0155-361-25) IN THE CITY OF SAN BERNARDINO
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Communit
7 Development Commission of the City of San Bernardino at a j oint regular
meeting
8 thereof, held on the 15th day of August
9 Commission Members: Ayes Nays
10 ESTRADA X
LONGVILLE X
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MCGINNIS X
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DERRY ~
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KELLEY X
14 X
JOHNSON
15 MC CAMMACK X
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, 2005, by the following vote to wit:
Abstain
Absent
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tEL7
72f}; ~1/t/4/
Secret7 '
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The fo,egoing ,,,,,,lution i, hcreby "PPwvoo ~
~W<:iY McCarnrrlack, Mayor Pro Tern
City of San Bernardino
,2005.
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Approved as to form and Legal Content:
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By:
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P:\Acendas\Resolutions\Resolutlons\2005\05-08-15 Watson-Wesfridge CDC Relo Cl.doc