HomeMy WebLinkAbout2008-138
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(Companion Resolution CDCj2008-16)
RESOLUTION NO. ?OOR-l1R
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO CONSENTING TO THE DISPOSITION OF
PROPERTY LOCATED AT 247 WEST 3RD STREET, SAN BERNARDINO
(APN: 0135-221-22) TO THE STATE OF CALIFORNIA PURSUANT TO THE
2008 REAL PROPERTY ACQUISITION AGREEMENT (CENTRAL CITY
EAST REDEVELOPMENT PROJECT AREA)
WHEREAS, the City of San Bernardino (the "City") is a municipal corporation and charter
city, duly organized and existing pursuant to the provisions of the constitution of the State of
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California; and
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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, Health and
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Safety Code 33100, and is charged with the mission of redeveloping blighted and underutilized
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land; and
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WHEREAS, the current Superior Court is situated in a facility built in 1926 as a County
Administrative Center and consists of 34 courtrooms which are seriously inadequate, overcrowded,
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in poor physical condition and lacking security; and
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WHEREAS, the Agency is the current owner of that certain real property consisting of
approximately 7.7 acres (APN: 0135-221-22) located at 247 West 3rd Street which is bounded by 3rd
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Street to the north, Arrowhead Avenue to the west and 2nd Street to the south (the "Property") in the
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Central City East Redevelopment Project Area ("Project Area"); and
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WHEREAS, the Agency is entering into a 2008 Real Property Acquisition Agreement (the
"Agreement") for the disposition of the Property with the State of California Administrative Office
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of the Courts (the "AOC"), pursuant to which the Agency will sell the Property to the AOC for a
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purchase price of$1.00; and
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WHEREAS, the dollar amount that is to be received by the Agency is less than the fair
market value of the Property by reason of the expectation of the parties that the AOC will construct
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1 WHEREAS, the sales price represents the Agency's contribution to the courthouse project as
2 adopted by the Mayor and Common Council of the City of San Bernardino ("Council") on
3 December 2, 2001, which confirmed the intent of the Agency to donate the property at the
4 appropriate time for the purpose of providing for the construction of a new Superior Court Facility;
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6 WHEREAS, the Agreement provides for the development of the Property to be developed
7 into a new Courthouse with 36 new courtrooms, Office of the Clerk of the Court, Executive Offices,
8 security operations and holding areas with 485 parking spaces totaling approximately 356,000
9 square feet with a 12 story building costing approximately $303 million (the "Project"); and
10 WHEREAS, the Agency has prepared and published a notice of joint public hearing in the
11 Sun newspaper on April 7 and 14, 2008, regarding the consideration and approval of the Agreement;
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13 WHEREAS, pursuant to Health and Safety Code Section 33433(c), the Agency may transfer
14 the Property to the AOC subject to the Council and the Community Development Commission of
15 the City of San Bernardino ("Commission") adopting separate Resolutions authorizing the Agency
16 to transfer the Property in light of the findings set forth herein, pursuant to Health and Safety Code
17 Section 33433; and
18 WHEREAS, the Agency has prepared a Summary Report pursuant to Health and Safety
19 Code Section 33433 ("Report") that describes the salient points of the Agreement and identifies the
20 cost of the Agreement to the Agency; and
21 WHEREAS, the approval and execution of the Agreement by the Agency is exempt from
22 the California Environmental Quality Act ("CEQA") pursuant to Chapter 2.6, Section 21080 of the
23 Public Resources Code, CEQA Statutes, and Section 15061 (b )(3); and
24 NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND ORDERED BY
25 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, AS
26 FOLLOWS:
27 Section 1. On April 21, 2008, the Council conducted a full and fair joint public hearing with
28 the Commission, as the governing board of the Agency, relating to the disposition of the Property
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1 from the Agency to the AGC and the development thereof pursuant to the Agreement. The minutes
2 of the City Clerk for the April 21, 2008, meeting of the Council shall include a record of all
3 communication and testimony submitted to the Council by interested persons relating to the public
4 hearing and the approval of the Agreement.
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Section 2.
The Council hereby receives and approves the Report and the other written
6 materials submitted to the Council at the meeting at which this Resolution is adopted. The Report
7 contains information required under Health and Safety Code Section 33433.
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Section 3.
This Resolution is adopted in order to satisfy the provisions of Health and
9 Safety Code Section 33433(a)(1) and (b)(2) related to the disposition of the Property to the AGC in
10 accordance with the Agreement and the Council hereby approves the transfer of the Property to the
11 AGC pursuant to the Agreement for the consideration as provided therein. The Council hereby
12 finds and determines as follows: the Report contains the information described in Health and Safety
13 Code Section 33433(b )(2) wherein the Property is being sold to the AGC at the purchase price of
14 $1.00 for the development of a new Superior Courthouse Facility which consideration is less than
15 the fair market value determined at its highest and best use in accordance with the Redevelopment
16 Plan by reason of the expectation of the parties that the AGC will likely comply with the provisions
17 of the Agreement and construct the new Courthouse for the benefit of the entire County and that the
18 expectation by the Council that the Agency shall contribute to this public project per Resolution
19 No. 2001-367.
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Section 4.
This Resolution shall take effect upon its adoption and execution in the
21 manner as required by the City Charter.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO CONSENTING TO THE DISPOSITION OF
PROPERTY LOCATED AT 247 WEST 3RD STREET, SAN BERNARDINO
(APN: 0135-221-22) TO THE STATE OF CALIFORNIA PURSUANT TO THE
2008 REAL PROPERTY ACQUISITION AGREEMENT (CENTRAL CITY
EAST REDEVELOPMENT PROJECT AREA)
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
6 Common Council of the City of San Bernardino at a joint regular
meeting thereof,
, 2008, by the following vote to wit:
7 heldonthe 21st dayof April
8 Council Members: Ayes Nays Abstain Absent
9 ESTRADA X
10 BAXTER X
11 BRINKER X
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12 DERRY -L
13 KELLEY ---1L
JOHNSON X
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MC CAMMACK X
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16 C.~/~ 6 ~v'JL-
17 Rachel G. Clark, City Clerk
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19 The foregoing Resolution is hereby approved this a3JJ<.day of
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April
, 2008.
23 Approved as to Form:
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By:
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