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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: JAMES FUNK,
Director
Subject: Authorization to Proceed - Sale of
City Water Department Property, located
generally East of Sterling Avenue and North
of Foothill Drive.
Dept: Development Services
Date: January 29, 2001
Synopsis of Previous Council Action:
File No. 15.05-227
MCC Date: 02-20-2001
None
Recommended Motion:
1. That the Director of Development Services be authorized to proceed with the sale of a
portion of City Water Department Property, located generally east of Sterling Avenue and
north of Foothill Drive in the City of San Bemardino.
AND
2. Adopt Resolution.
~~a
\ / James Funk
y
Contact person: LASZLO "Les" FOGASSY Phone: 5026
Supporting data attached: Staff Report, Maps, Res. Ward: 4
FUNDING REQUIREMENTS: Amount:
None
Source: (Acct. No.) N/A
(Acct. Description) N/A
Finance:
Council Notes:
Agenda Item No.
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Authorization to Proceed - Sale of City Water Department Property, located generally east of
Sterling Avenue and north of Foothill Drive.
BACKGROUND:
In February of 1974, the City of San Bernardino acquired approximately 158 acres of vacant
land, located east of Sterling Avenue, north of Foothill Boulevard, through a Land Patent from
the United States of America. Resolution No. 11723, adopted April 1 , 1974, accepted the Land
Patent and designated the property for Water Department use.
In December of 1980, an approximately 15.45 acre strip of this parcel was granted to the San
Bernardino County Flood Control District, for a portion of Little San Creek Flood Control
Channel. The Flood Control portion bisects the larger parcel at the southeasterly corner of the
property, as shown on the attached map. The smaller remainder parcel is approximately 3.14
acres.
In October of 2000, the City Water Department received an offer to purchase the remainder
parcel from W. E. Leonard, who represents Mr. Ron Rezek, the owner of an approximately 117
acre parcel, a portion of which adjoins the 3.14 acre parcel to the east. Although the 3.14 acre
parcel is "landlocked" by itself, it would be accessible across Mr. Rezek's property, which has
public access from Aspen Drive, north of Hemlock Drive.
An appraisal was done on this property, along with other parcels, in April of2000, by James
Smothers, a state certified appraiser. The value of the 3.14 acres was determined to be $8,950.00
and takes into consideration the very limited potential to develop this site due to the sloping
terrain and restricted access. On November 21, 2000, the Board of Water Commissioners took
action to confirm the minimum sale price of the 3.14 acre parcel and authorized its sale.
The City Charter allows for the sale of City property, valued at less than $25,000, to be sold
without a public auction, as long as the property is sold at fair market value. Although no formal
bidding will take place, a public hearing must be held prior to the sale of this parcel. The
attached Resolution sets a public hearing for March 19, 2001.
If authorization to proceed is given, City departments will be notified of the proposed sale and
will be asked to comment or present any potential conflicts. A Vicinity Map showing the
location of the 3.14 acre parcel is attached as Exhibit "A", and a detailed map is attached as
Exhibit "B". The remainder of the larger parcel, which is approximately 140 acres, will continue
to be under the control and use of the Water Department.
Staff Report - continued
FINANCIAL IMPACT:
No cost to the City. All staff time and any appurtenant costs will be paid from the proceeds of the
sale, and the remainder is to be transferred to the Water Department.
RECOMMENDATION:
Staff recommends authorization to proceed with the sale be given and the attached Resolution be
adopted.
Location of 3.14 Acre
City/Water Department Parcel
to be Sold
No Scale
5th 51.
Mill 51.
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Oran e Show Rd. {!
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VICINITY MAP
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES DEPARTMENT
REAL PROPERTY SECTION
EXHIBIT "A"
Proposed Sale of City/Water
Department Parcel - East of
Sterling Avenue, North of Foothill
Drive (3.14 Acres)
~ indicates un-incorporated areas
~ within Cit 's S here of Influence
File No.: /5.05.-'2.2.-7
Created'by: /..' Rnl-s l'
Date: IIZ"/~I
GOVCRNMCNr LUT 5
SECTION 19
TOWNSHIP I NORTH
I/AHGC 3 WEST
S.B.S.M.
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GOVt1lHNENT LDT .
SECTION , 9
TOWNSHIP I NORTH
RANGE 3 WEST
S.S.B.M.
PREPARED BY:
~ JOSEPH E. BONADIMAN & ASSOCIATES INC.
~ consulting engineers land surveyors
588 W. 6t1J Street San Bernardino. CA 92410
Phone:(909)885-3806 . Fax:(909)381.1 721
~
EAST 1/2 OF THE
NOJ('(HWCST 1/4
secT/ON 19
TOWNsHIP I HJJHT"H
I/AHGC 3 WEST
S.B.8.M.
..-..-.._-_....... _... 0-
3.14 Acre City Water Department
Parcel to be sold
....,
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sAN BERNAROINO
COUNrY
nOOD CONTROL DIST.
O.R. Sf -0'0575
CENTER SECTION 19
EXHIBIT "B"
NOVEMBER 2000
SCALE: '..400'
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING AND
SETTING FAIR MARKET VALUE AND SALES PRICE OF $8,950.00 AND
DECLARING THE INTENTION OF THE CITY TO SELL PROPERTY GENERALLY
LOCATED EAST OF STERLING AVENUE, NORTH OF FOOTHILL BOULEVARD IN
THE CITY OF SAN BERNARDINO, TO RONALD R. REZEK AND SETTING A
PUBLIC HEARING TO CONSIDER SAID SALE.
WHEREAS, the City of San Bernardino, a municipal corporation, is the owner of the
hereinafter described parcel of real property, generally located east of Sterling Avenue, north of
Foothill Boulevard in the City of San Bernardino, State of California, said real property being
designated for Water Department use, more fully described below; and
WHEREAS, on November 21,2000, the Board of Water Commissioners of the San
Bernardino Municipal Water Department did find and determine that said real property was no
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longer needed for Water Department use; and
WHEREAS, the Mayor and Common Council of said City find and determine that there
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WHEREAS, the Mayor and Common Council of said City believe it is in the best
interest of the City that said parcel of real property be disposed if at fair market value; and
WHEREAS, an appraisal was prepared by James Smothers indicating a fair market value
of Eight Thousand Nine Hundred Fifty Dollars ($8,950.00); and
WHEREAS, Ronald R. Rezek has expressed a desire to purchase said real property;
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WHEREAS, pursuant to Section 2.65.030 of the San Bernardino Municipal Code, City
wned property valued at less than $25,000 may be sold without the need for competitive bid, so
, 27 ong as the sales price is not less than the fair market value of said real property.
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2/07/01
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RESOLUTION ESTABLISHING FAIR MARKET VALUE AND SETIlNG A PUBLIC HEARING FOR THE
SALE OF CITY PROPERTY LOCATED EAST OF STERLING AVENUE AND NORTH OF FOOTHILL
DRIVE, IN THE CITY OF SAN BERNARDINO
BE IT RESOL YED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The public interest and convenience require the sale of vacant City owned
real property, approximately 3.14 acres in area, located east of Sterling Avenue and north of
Foothill Drive in the City of San Bernardino.
SECTION 2. It is therefore the intention of the Mayor and Common Council of the City
of San Bernardino to sell said real property to Ronald R. Rezek.
SECTION 3. The Mayor and Common Council do hereby find and determine that the
Fair Market Value of the property and sales price is Eight Thousand Nine Hundred Fifty Dollars
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13 ($8,950.00).
SECTION 4. The Mayor and Common Council of the City of San Bernardino do hereby
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set a public hearing to be held on March 19, 2001, at 10:00 a.m. or as soon thereafter as the
matter can be heard, in the Council Chambers of City Hall, 300 North "D" Street, San
Bernardino, California, relative to the proposed sale.
SECTION S. Notice of the public hearing shall be published in The San Bernardino
County Sun, a newspaper of general circulation, at least once prior to the public hearing and shall
e posted in at least 3 conspicuous places on the property at least (10) days prior to the hearing.
SECTION 6. Written and oral protest to such sale may be submitted and shall be
eceived at or prior to the public hearing. Written protests may also be submitted to the City
lerk's Office, City Hall, 300 N. "D" Street, San Bernardino, California, prior to the public
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1/29/0 I 2
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RESOLUTION ESTABLISHING FAIR MARKET VALUE AND SE1TING A PUBLIC HEARING FOR THE
SALE OF CITY PROPERTY LOCATED EAST OF STERLING AVENUE AND NORTH OF FOOTHILL
DRIVE, IN THE CITY OF SAN BERNARDINO
SECTION 7. It is the intent of the Mayor and Common Council to consider and
approve said :;ale at the public hearing, said property more particularly described in Exhibit "A",
attached hereto and made a part hereof.
1/29/01
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RESOLUTION ESTABLISHING FAIR MARKET VALUE AND SEITING A PUBLIC HEARING FOR THE
SALE OF CITY PROPERTY LOCATED EAST OF STERLING AVENUE AND NORTH OF FOOTHILL
DRIVE, IN THE CITY OF SAN BERNARDINO
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
Common Council of the City of San Bemardino at a
meeting thereof
day of
, 20_, by the following vote, to
Council Members:
AYES
NA YES
ABSTAIN
ABSENT
ESTRADA
LIEN
MCGINNIS
SCHNETZ
SUAREZ
ANDERSON
MCCAMMACK
City Clerk
The foregoing resolution is hereby approved this
day of
,20_.
pproved as to form
d legal content:
JUDITII VALLES, Mayor
City of San Bernardino
YY1LO f-
1/29/01
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EXHIBIT "A"
Legal Description of City Water Department Parcel to be sold, located generally
East of Sterling Avenue and North of Foothill Drive.
That portion of the east one-half of the northwest one-quarter of Section 19,
Township 1 North, Range 3 West, San Bernardino Meridian, in the County of San
Bernardino, State of California, according to the official plat of said land on file in
the District Land Office, lying southeast of that portion conveyed to the San
Bernardino County Flood Control District by deed recorded January 15, 1981,
Instrument No. 81-010575, Official Records of said County.
(:
EXCEPTING therefrom all oil, gas and other mineral deposits in the land so
patented, together with the right to prospect for, mine and remove the same,
according to the provisions of the Act of Congress of June I, 1938, as reserved in
the Patent recorded April 15, 1974, in Book 8409, page 578, Official Records of
said County and re-recorded May 31, 1974, in Book 8442, Page 176, Official
Records of said County.
C'"
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** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): .'2 - 2Cl ""0 \ Item # <1 Resolution #
Vote: Ayes 1-?' f")-'l Nays.-l:r Abstain Lj
Change to motion to amend original documents:
2ro \ - -44
Absent -b
Reso. # On Attachments: ---'-
Contract term:
.-
NulVVoid After: -
Note on Resolution of Attachment stored separately: --=-
Direct City Clerk to (circle I): PUBLISH, POST. RECORD W/COUNTY Date:
See Attached: ~
Date Sent to Mayor: 2- 24 - 0 \
Date ofMayor's Signature: 'Z.c-Z -<::> \
Date ofClerk/CDC Signature: 2-Z3-0 \
Reso. Log Updated:
Seal Impressed:
V""
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Date MemolLetter Sent for Signature:
60 Day Reminder Letter Sent on 30th day:
90 Day Reminder Letter Sent on 45th day:
-
See Attached: -==- Date Returned:
See Attached: :::::...-
See Attached: ...:::.
Request for Council Action & Staff Report Attached: Yes / No By
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Updated Prior Resolutions (Other Than Below): Yes No 11" By
Updated CITY Personnel Folders (6413, 6429, 6433,10584, 10585, 12634): Yes No 7 By
Updated CDC Personnel Folders (5557): Yes No IT By
Updated Traffic Folders (3985, 8234, 655, 92-389): Yes No 7 By
Copies Distributed to:
City Attorney /
Parks & Rec.
Code Compliance Dev. Services
Police Public Services
,/'
EDA
Finance
MIS
Water
Others:
Notes:
BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc.l
Ready to File: ~
Date: CL(..-0\