HomeMy WebLinkAbout2008-459
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RESOLUTION NO. 2008-459
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO CONSENTING TO THE DISPOSITION OF
CERTAIN REAL PROPERTY BY THE REDEVELOPMENT AGENCY OF
THE CITY OF SAN BERNARDINO ("AGENCY") TO WATERMAN
HOLDINGS, LLC (4TH AND WATERMAN AVENUE - APN: 0135-191-17)
(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
California; and
WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency") is a
11 public body, corporate and politic existing under the laws of the State of California, Health and
12 Safety Code Section 33100, and is charged with the mission of redeveloping blighted and
13 underutilized land; and
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WHEREAS, the Agency desires to dispose of certain real property, APN: 0135-191-17 (the
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"Flood Control Channel Property") owned by the Agency, as set forth in that certain Amendment
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No.4 (the "Amendment") to the 2004 Disposition and Development Agreement (the "DDA") by
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and between the Agency and Waterman Holdings, LLC (the "Buyer" or "Developer"); and
WHEREAS, the Agency Property is located south of the southwest comer of 4th Street and
20 Waterman Avenue within the Central City East Redevelopment Project Area and is presently an
21 unimproved vacant lot; and
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WHEREAS, an appraisal of the Flood Control Channel Property was performed in August
23 2008, by Smothers Appraisal (the "Appraiser"); and
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WHEREAS, according to the appraisal report dated September 4, 2008 (the "Agency
Appraisal Report"), prepared by the Appraiser, the fair market value of the Flood Control Channel
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Property is $36,000 for the approximately .84 acres of land; and
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2008-459
1 WHEREAS, the Agency intends to enter into the Amendment pursuant to which the Agency
2 proposes to sell the Flood Control Channel Property to the Buyer for the fair market value of
3 $36,000; and
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WHEREAS, the Amendment provides for the development of the Flood Control Channel
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8 WHEREAS, the Developer has estimated that it will cost $1,100,000 for the construction of
Property by the Developer so that it may be used as a parking lot in furtherance of the office project
identified in the DDA, as amended; and
9 the improvements to the Flood Control Channel Property; and
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WHEREAS, the Agency has prepared and published a notice of joint public hearing in the
11 San Bernardino County SUN newspaper on October 20,2008 and October 27, 2008, regarding the
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consideration and approval of the Amendment; and
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WHEREAS, pursuant to Health and Safety Code Section 33433(b), the Agency may transfer
15 the Flood Control Channel Property to the Buyer subject to the Mayor and Common Council of the
16 City of San Bernardino (the "Council") and the Community Development Commission of the City
17 of San Bernardino (the "Commission") adopting separate Resolutions authorizing the Agency to
18 transfer the Flood Control Channel Property in light of the findings set forth herein, pursuant to
19 Health and Safety Code Section 33433; and
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WHEREAS, the Agency has prepared a Summary Report pursuant to Health and Safety
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Code Section 33433 (the "Report") that describes the salient point of the Amendment and identifies
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the cost of the Amendment to the Agency; and
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WHEREAS, pursuant to Section 15332 of the California Environmental Quality Act
25 Guidelines ("CEQA") the Agency has reviewed the proposed sale and use of the Flood Control
26 Channel Property and has determined that the project, as identified in the Amendment, is exempt
27 from CEQA and qualifies for a Categorical Exemption, Class 32 (Guidelines Section 15332) as the
28 project meets all four (4) requirements for an In-fill Project; and
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2008-459
1 WHEREAS, the acquisition of the Flood Control Channel Property by the Buyer is
2 consistent with the Central City East Redevelopment Plan; and
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WHEREAS, on November 3, 2008, the Council discussed the sale of the Flood Control
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Channel Property to the Developer, deciding to continue the public hearing concerning the sale to
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the Developer to November 17,2008; and
WHEREAS, on November 17,2008, the Council continued the public hearing of the sale of
8 the Flood Control Channel Property to the Developer to December 15,2008.
9 NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND ORDERED BY
10 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, AS
11 FOLLOWS:
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Section 1.
On December 15, 2008, the Council conducted a full and fair joint public
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hearing with the Commission, as the governing board of the Agency, relating to the disposition of the
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Flood Control Channel Property from the Agency to the Buyer and the development thereof pursuant
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to the Amendment. The rninutes of the City Clerk for the November 3, 2008 meeting of the Council
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shall include a record of all communication and testimony submitted to the Council by interested
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persons relating to the public hearing and the approval of the Amendment.
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The Council hereby receives and approves the Report and the other written
Section 2,
materials subrnitted to the Council at the meeting at which this Resolution is adopted. The Report
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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
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Safety Code Section 33433(a)(I) and (b)(2) related to the disposition of the Flood Control Channel
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Property to the Buyer in accordance with the Amendment and the Council hereby approves the
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transfer of the Flood Control Channel Property to the Buyer pursuant to the Amendment for the
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consideration as provided therein. The Council hereby finds and determines as follows: that the
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Report contains the information described in Health and Safety Code Section 33433(b)(2) wherein
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the Flood Control Channel Property is being sold to the Buyer at the purchase price of $36,000 for
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2008-459
1 the development of a parking lot which consideration is the fair market value determined at its
2 highest and best use in accordance with the Central City East Redevelopment Plan.
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Section 4.
This Resolution shall take effect upon its adoption and execution in the
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2008-459
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO CONSENTING TO THE DISPOSITION OF
CERTAIN REAL PROPERTY BY THE REDEVELOPMENT AGENCY OF
THE CITY OF SAN BERNARDINO ("AGENCY") TO WATERMAN
HOLDINGS, LLC (4TH AND WATERMAN AVENUE - APN: 0135-191-17)
(CENTRAL CITY EAST REDEVELOPMENT PROJECT AREA)
I HEREBY CERTIFY that the foregoing Resolution was du1y adopted by the Mayor and
Common Council of the City of San Bernardino at a joint regular
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held on the 15th day of December, 2008, by the following vote to wit:
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25 By: ~
26 James F. Penman, City Attorney
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meeting thereof,
Aves
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Navs
Abstain
Absent
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Rachel G. Clark, City Clerk
The foregoing Resolution is hereby approved this /b 111 day of December
,2008.
,
~,. ---'
. Morris,
San Bernardino
Approved as to Form:
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