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HomeMy WebLinkAbout2018-293Resolution No. 2018-293 RESOLUTION NO. 2018-293 RESOLUTION OF THE MAYOR AND CITY COUNCIL ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING AN AMENDMENT TO THE AGREEMENT WITH KELLER WILLIAMS REALTY REDLANDS TO LIST AND SELL CERTAIN SUCCESSOR AGENCY -OWNED REAL PROPERTY ASSETS AND APPROVING CERTAIN RELATED ACTIONS WHEREAS, pursuant to Health and Safety Code (the "HSC") § 34172 (a) (1), the Redevelopment Agency of the City of San Bernardino was dissolved on February 1, 2012; and WHEREAS, consistent with the provisions of the HSC, the Mayor and City Council of the City of San Bernardino (the "City") previously elected to serve in the capacity of the Successor Agency to the Redevelopment Agency of the City of San Bernardino (the "Successor Agency"); and WHEREAS, at the time of dissolution, the former Redevelopment Agency held many public, commercial and residential real property assets that had been acquired for community, economic and affordable housing purposes; and WHEREAS, as a part of redevelopment dissolution, successor agencies with real property assets are required dispose of such property pursuant to either a Long -Range Property Management Plan (the "LRPMP") or Housing Asset Transfer Plan (the "HAT") approved by the California Department of Finance (the "DOF"); and WHEREAS, depending on the disposition category approved by the DOF, real property assets are to be transferred in one of the following ways: i) to the City for government use; ii) to the City for future development; iii) to the City for affordable housing purposes; or iv) to be sold; and WHEREAS, on February 23, 2017, the City Council Ad Hoc Real Estate Committee met and reviewed a proposed Property Disposition Strategy that addresses the manner in which the properties designated for sale pursuant to the LRPMP and the HAT would be sold; and WHEREAS, on March 6, 2017, the Successor Agency Board approved the original Property Disposition Strategy, which among other things, authorized a competitive process that would result in 18 sites being listed for sale with a real estate broker (sixteen [ 16] of which are Successor Agency -owned and two [2] of which are City -owned); and WHEREAS, after March 6, 2017, it was determined that two of the sites proposed to be listed no longer need to be listed for sale with a real estate broker; and 1 Resolution No. 2018-293 WHEREAS, on August 16, 2017, the Successor Agency Board approved an Amended Property Disposition Strategy that among other things reduced the numbers sites to be listed for sale from 18 to 16; and WHEREAS, consistent with the Property Disposition Strategy: i) during April 2017, an open Invitation for Prospectus to list for sale certain City -owned and Successor Agency -owned properties was issued via a direct mailing and a posting on the City's Internet site; ii) on May 10, 2017, a non -mandatory meeting was held for all interested brokers (of which 13 brokers/realtors attended), and iii) by the submittal deadline of May 31, 2017, five (5) brokers submitted proposals; and WHEREAS, a five -member review panel carefully reviewed each proposal received and interviewed each qualified applicant and, based on this process, unanimously concluded that Keller Williams Realty Redlands (the "KW") proposal best met the Successor Agency's and City's current needs; and WHEREAS, the other four (4) responding brokers were invited to participate in the purchase and sale process through KW's commission sharing program by bringing forward potential buyers once the properties on the Schedule of Property to be Listed and Sold are placed on the market; and WHEREAS, consistent with the foregoing, on October 18, 2017, the Successor Agency adopted Resolution No. 2017-200 approving a Vacant Land Listing Agreement (the "Original Agreement") with Keller Williams Realty Redlands, (the "Broker") to list and sell the above mentioned Successor Agency -owned properties during the period of October 18, 2018 through October 17, 2018 (the "Term"); and WHEREAS, pursuant to the Original Agreement, during the Term the Broker listed for sale fifteen (15) Successor Agency -owned real property sites (the "Successor Agency's Properties"), as described within the "Original Schedule of Property to be Listed and Sold," which is included as Exhibit "A," attached hereto; and WHEREAS, to date, six (6) of the Successor Agency's Properties have sold or are in escrow pending sale that represent, on a combined basis, $1,045,705 of gross sales proceeds, as described within the "Schedule of Property Sold or Placed into Escrow," which is included as Exhibit `B," attached hereto; and WHEREAS, nine (9) of the Successor Agency's Properties remain to be sold, representing, on a combined basis, $909,643 of potential gross sales proceeds, as described within the "Schedule of Remaining Property to be Listed and Sold," which is included as Exhibit "C," attached hereto; and WHEREAS, the Broker continues to actively pursue potential buyers for the unsold Successor Agency Properties; and 2 Resolution No. 2018-293 WHEREAS, per its letter of August 13, 2018, the Broker has requested a one-year extension to the Term of the Original Agreement to allow additional time to sell the remaining unsold properties, as copy of which is attached hereto as Exhibit "D"; and WHEREAS, the Broker has capably represented the Successor Agency's interests by selling over half of the Successor Agency's Properties in terms of sales price values; and WHEREAS, adoption of this Resolution will approve the First Amendment to Vacant Land Listing Agreement with the Broker, a copy of which is attached hereto as Exhibit "E"; and WHEREAS, this Resolution has been reviewed with respect to applicability of the California Environmental Quality Act (the "CEQA"), the State CEQA Guidelines (California Code of Regulations, Title 14, § 15000 et seq., hereafter the "Guidelines"), and the City's environmental guidelines; and WHEREAS, this Resolution does not constitute a "project" for purposes of CEQA, as that term is defined by Guidelines § 15378, because this Resolution is an organizational or administrative activity that will not result in a direct or indirect physical change in the environment, per § 15378 (b) (5) of the Guidelines; and WHEREAS, all of the prerequisites with respect to the approval of this Resolution have been met. BE IT RESOLVED BY THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, AS FOLLOWS: SECTION 1. The foregoing recitals are true and correct and are a substantive part of this Resolution. SECTION 2. The First Amendment to Vacant Land Listing Agreement with Keller Williams Realty Redlands, a copy of which is attached hereto as Exhibit `B," is approved. SECTION 3. The City Manager, in her capacity as Executive Director of the Successor Agency, or her designee, is authorized to execute the First Amendment to Vacant Land Listing Agreement with Keller Williams Realty Redlands and to take such other actions and to execute such other documents as are necessary to effectuate the intent of this Resolution. SECTION 4. The City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. 3 Resolution No. 2018-293 SECTION 5. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 6. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 17a' day of October 2018. R. Carey Dav' , Mayor City of San gernardino Attest: Georgeann Wanna, CMC, ty Clerk Approved as to form: Qctiec� 1� Gary D. D. Saenz, City Attorney Resolution No. 2018-293 CERTIFICATION STATE OF CALIFORNIA) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Georgeann Hanna, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2018-293 adopted at a regular meeting held at the 17th day of October 2018 by the following vote: Council Members: MARQUEZ BARRIOS VALDIVIA SHORETT NICKEL RICHARD MULVIHILL AYES NAYS ABSTAIN ABSENT WITNESS my hand and official seal of the City of San Bernardino this 17`' day of October 2018. Georgeann 4na, CMC, Ci Clerk 5 Resolution No. 2018-293 EXHIBIT "A" ORIGINAL SCHEDULE OF PROPERTY TO BE LISTED AND SOLD Site No. 24 is owned by the City and Site Nos. 28-34, 37, 39, 42, 44, and 46-49 are owned by the Successor Agency. n ORIGINAL SCHEDULE OF PROPERTY TO BE LISTED AND Lot Size Listing Price SOLD Site No. Site Reference Address APN Zoning 24 _ 552 N. Mt. Vernon Av 0138-114-09 Vacant N. Mt. Vernon Av Vacant W. 0138-114-10 Spruce St Comm Prop 1316 W. Spruce St 0138-114-11 578 N. Mt. Vernon Av 0138-114-18 SP -PP CG -3 0.56 $239,000 28 Vacant Ramona Av Ind Prop 2355 N. Ramona Av 0148-173-07 IL 0.17 $29,705 29 Vacant N. "J" St Res Prop #1 N. "J" St 0144-123-03 RS 0.11 $49,000 30 Vacant N. "J" St Res Prop #2 N. "J" St 0144-131-36 RS 0.11 $49,000 31 Vacant W. 17th St Res Prop W. 17th St 0144-123-46 RS 0.11 $49,000 32 Vacant N. Harris St Res Prop N. Harris St 0144-131-21 RS 0.11 $49,000 33 Vacant Union St Res Prop 1348 Union St 0139-231-34 RS 0.11 $49,000 34 Vacant N. Crescent Av Res Prop 673 N. Crescent Av 0134-014-10 RM 0.08 $41,000 37 Vacant Wall Av Res Prop 1256 Wall Av 0146-241-07 RM 0.17 $54,000 39 Vacant E. Santa Fe St Ind Prop 686 E. Santa Fe St 0280-062-07 IL 0.23 $40,590 42 Vacant N. Mt. Vernon Av Comm Prop 757 N. Mt. Vernon Av 0139-291-60 761 N. Mt. Vernon Av 0139-291-61 SP -PP CG -3 0.72 $237,653 44 E. Cooley Av Parking Lot E. Cooley Av 0281-031-51 0281-041-41 IH 4.35 $189,486 46 480 N "D" St 0134-141-28 N. "D" St Vacant Comm Prop 478 N "D" St 0134-141-29 CR -2 0.22 $125,000 47 10th St Res Prop 207/207-1/2 E 10th St 0140-171-16 RU 0.16 $54,000 48 Mt. View Av Res Prop 839 N Mt View Av 0140-222-26 RM 0.17 $54,000 49 Evan St Res Pro 693/695 W. Evan St 0145-171-11 RU 0.15 $80,000 n Resolution No. 2018-293 EXHIBIT "B" SCHEDULE OF PROPERTY SOLD OR PLACED INTO ESCROW Site Nos. 28, 33, 44, and 47-49 were owned by the Successor Agency. TOTAL $1,045,705 SCHEDULE OF Listing Selling Price Price PROPERTY SOLD OR PLACED INTO ESCROW Site No. Site Reference Sold (S) Escrow (E) Address APN Zoning Lot Size 28 Vacant Ramona Av Ind Pro S 2355 N. Ramona Av 0148-173-07 IL 0.17 $29,705 $29,705 33 Vacant Union St Res Pro S 1348 Union St 0139-231-34 RS 0.11 $49,000 $49,500 44 E. Cooley Av Parking Lot (E) E. Cooley Av 0281-031-51 IH 4.35 $189,486 $625,000 0281-041-41 47 10th St Res Prop 207/207-1/2 E 10th St 0140-171-16 RU 0.16 $54,000 $131,000 48 Mt. View Av Res Pro E 839 N Mt View Av 0140-222-26 RM 0.17 $54,000 $55,000 49 Evan St Res Pro S 693/695 W. Evan St 0145-171-11 RU 0.15 $80,000 $155,500 TOTAL $1,045,705 Resolution No. 2018-293 EXHIBIT "C" SCHEDULE OF REMAINING PROPERTY TO BE LISTED AND SOLD Site No. 24 is owned by the City and Site Nos. 29-32, 34, 37, 39, 42, and 46 are owned by the Successor Agency SCHEDULE OF PROPERTY TO Lot Size Listing Price BE LISTED AND SOLD Site No. Site Reference 24 Vacant N. Mt. Vernon Av Vacant W. Spruce St Comm Prop Address APN Zoning 552 N. Mt. Vernon Av 0138-114-09 SP -PP CG -3 RS 0.56 0.11 $239,000 $49,000 0138-114-10 1316 W. Spruce St 0138-114-11 578 N. Mt. Vernon Av 0138-114-18 0144-123-03 29 Vacant N. "J" St Res Prop #1 N. "J" St 30 Vacant N. "J" St Res Prop #2 N. "J" St 0144-131-36 RS 0.11 $49,000 31 Vacant W. 17th St Res Prop W. 17th St 0144-123-46 RS 0.11 $49,000 32 Vacant N. Harris St Res Prop N. Harris St 0144-131-21 RS 0.11 $49,000 34 Vacant N. Crescent Av Res Prop 673 N. Crescent Av 0134-014-10 RM 0.08 $41,000 37 Vacant Wall Av Res Prop 1256 Wall Av 0146-241-07 RM 0.17 $54,000 39 Vacant E. Santa Fe St Ind Prop 686 E. Santa Fe St 0280-062-07 IL 0.23 $40,590 42 Vacant N. Mt. Vernon Av Comm Prop 757 N. Mt. Vernon Av 761 N. Mt. Vernon Av 0139-291-60 0139-291-61 SP -PP CG -3 0.72 $237,653 46 N. "D" St Vacant Comm Property 480 N "D" St 478 N "D" St 0134-141-28 0134-141-29 CR -2 Q.22 $125,000 TOTAL $909,643 Resolution No. 2018-293 EXHIBIT "D" AUGUST 13, 2018 LETTER FROM KELLER WILLIAMS REALTY REDLANDS REQUESTING AN AGREEMENT EXTENSION (See Attachment) FIRST AMENDMENT TO VACANT LAND LISTING AGREEMENT BETWEEN THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND KELLER WILLIAMS REALTY REDLANDS THIS FIRST AMENDMENT TO VACANT LAND LISTING AGREEMENT (the "First Amended Agreement") is made as of the 17th day of October 2018, by and between the Successor Agency to the Redevelopment Agency of the City of San Bernardino (the "Successor Agency") and Keller Williams Realty Redlands (the "Broker"). Collectively, Successor Agency and Broker are referred to herein as the "Parties". WITNESSETH THAT: WHEREAS, Successor Agency and Broker previously entered into an original Vacant Land Listing Agreement (the "Original Agreement") dated October 18, 2017 for the period of October 18, 2017 through October 17, 2018 (the "Term"); and WHEREAS, pursuant to the Original Agreement, during the Term the Broker listed for sale fifteen (15) Successor Agency -owned real property sites (the "Successor Agency Properties"), as described within the "Original Schedule of Property to be Listed and Sold," which is included as Exhibit "A," attached hereto; and WHEREAS, to date, six (6) Successor Agency Properties have sold or are in escrow pending sale that represent, on a combined basis, $1,045,705 of gross sales proceeds, as described within the "Schedule of Property Sold or Placed into Escrow," which is included as Exhibit `B," attached hereto; and WHEREAS, nine (9) Successor Agency Properties remain to be sold, representing, on a combined basis, $909,643 of potential gross sales proceeds, as described within the "Schedule of Remaining Property to be Listed and Sold," which is included as Exhibit "C," attached hereto; and WHEREAS, the Broker continues to actively pursue potential buyers for the unsold Successor Agency Properties; and WHEREAS, on August 13, 2018, the Broker requested a one-year extension to the Term; and WHEREAS, the Broker has capably represented the Successor Agency's interests by selling over half of the Successor Agency Properties in terms of sales price values; and WHEREAS, it now becomes necessary to amend said Original Agreement and the Parties are desirous of such amendment. -1- Page 2 NOW, THEREFORE, in consideration of the mutual undertakings herein, the Parties amend the Agreement as follows: 1. Section 1, EXCLUSIVE AUTHORIZATION, is amended in its entirety as follows: "Successor Agency to the Redevelopment Agency of the City of San Bernardino ("Owner") hereby employs Keller Williams Realty Redlands ("Broker") beginning on October 18, 2017 and ending at 11:59 PM on October 17, 2019 ("Listing Period") the exclusive and irrevocable right to sell the real property in the City of San Bernardino, County of San Bernardino, California as described within the Original Agreement." 2. All remaining provisions of the Original Agreement shall remain the same. IN WITNESS WHEREOF, the Successor Agency and Broker have approved this First Amended Agreement effective the day and year first above written. SUCCESSOR AGENCY: Successor Agency to the Redevelopment Agency of tho�City of San Bernardino By: vi "u,"; Andrea M. Miller Executive Director ATTEST: Georgean anna, C City Clerk APPROVED AS TO FORM: Gary D. Saenz, City Attorney B -2- BROKER: Keller Williams Realty Redlands By: Dennis M. Craig (CaIDRE License No. 01437825) +++ Page 3 Exhibit "A" ORIGINAL SCHEDULE OF PROPERTY TO BE LISTED AND SOLD Site No. 24 is owned by the City and Site Nos. 28-34,37,39,42,44, and 46-49 are owned by the Successor Agency. -3- ORIGINAL SCHEDULEOF PROPERTY TO BE LISTED AND SOLD Site Reference Address APN = Zoning Lot ^ Size Site No. Listing Price 24 Vacant N. ML Vernon Av Vacant W. Spruce St Comm Prop 552 N. Mt. Vernon Av 0138=114-09 0138-114-10 SP -PP CG -3 0.56 $239'000 1316 W. Spruce St 0138=114-11 578 N: ML Vernon Av 0138-114-18 28: VacantRamonaAylrtd Prfl -. 1�,, 2355 N: Aani6naAv-:.: x.14$17,:w _,. U, -0.17-= �$Z,7% 29 Vacant N. 'J' St Res Pmp #1 N. °J" St 0144123-03 RS 0.11 $49,000 30° Vac6ntN: `J' St.Res Pro .*2. 1V. °J"; t f01 4-15�-. _ ;. X28. - 4 7f.- ``$49;fl00. 31 Vacant W.17th St Res Nop W.17th St 014412346 :. RS 0.11 $49,000 `32_` Vaean#.N. Hartis.St"Res Pro N Harris St `0144-13121 ; _ °RS{ _ -0 ii ---$49, 33 Vacant Union. St Res Prop 1348 Union St. 0139-231-34. RS 0.11 $49,000 34 : Vacant:N:_CrescentAvtteS Pro 673N. Cresoen#Av4=0140 ` RM 008000 37 Vacant Wall Av Res P!qp 1256 Wall Av 0146-241-07 - RM 0.17 $54,000 39 Vacant E. Santa Fe Stlnd`Pro 686 E. Santa Fe St' 028Q -062-b7 ^ . IL 0.23 $40,590_ 42 Vacant N. ML Vernon Av Comm Prop 757 N. Mt. Vernon Av 0139-291-60 SP -PP CG -3 0.72 $237,653 761 N. ML Vernon Av 0139-291-61 44 E Cooley Av Parking Lot = . E. Cooley. i4v 0281 0311 0281041=4.1 IFI : 4 $189,486 46 N. "D' St Vacant Comm Prop 480 N "Y' St 0134-141-28 CR -2 0.22 $125,000 478 N "D" St 0134141-29 47 10th StRes Prop 207/2074/2E 10th St. 3'0140-173_x16 RU, =0.16-$54A- M_ 48 Mt. View Av Res Prop 839 N Mt View Av 0140-222-26 RM 0.17 $54,000 49 EvaW.St Res Pro 693/695. Evan St 014547141— -AQ. 0.15== ; $80,000 -3- Page 4 Exhibit "B" SCHEDULE OF PROPERTY SOLD OR PLACED INTO ESCROW Site Nos. 28, 33, 44, and 4749 were owned by the Successor Agency. (VIAL V1,U40,/U3 -4- Listing Price No SCHEDULE OF Site Reference Sold (S) Escrow E PROPERTY SOLD OR PLACED Address APN INTO ESCROW Zoning Lot Size Selling Price 28 Vacant Ramona Av Ind Pro S 2355 N. Ramona Av 0148-173-07 IL 0.17 $29,705 $29,705 33 Vacant Union St Res ProS 1348 Union St 0139-231-34 RS 0.11 $49,000 $49,500 44 E. Cooley Av Parking Lot (E) E. Cooley Av 0281-031-51 0281-041-41 IH 4.35 $189,486 $625,000 47 10th St Res ProS 207/207-1%2 E 10th.St 0140-171-16 RU 0.16 $54;000 $131,000 Mt View Av Res Pro E 839 N Mt View Av 0140-222-26 RM 0.17 $54,000 $55,000 148 49 Evan St Res ProS 6931695 W. Evan St 0145-171-11 RU 0.15 1 $80,000 $155,500 (VIAL V1,U40,/U3 -4- Page 5 Exhibit "C" SCHEDULE OF REMAINING PROPERTY TO BE LISTED AND SOLD Site No. 24 is owned by the City and Site Nos. 29-32, 34, 37, 39, 42, and 46 are owned by the Successor Agency -5- SCHEDULE OF ' PROPERTY"! BE LISTED AND SOLD Site No. -- -- 24 Site Reference _ Vacant N. Mt Vernon Av Vacant W. Spruce St Comm Prop Address 552 N. Mt. Vernon Av 1316 W. Spruce St 578 N. Mt. Vernon Av APN 0138-114-09 0138-114-10 0138-114-11 0138-114-18 Zoning Lot Listing Price SP -PP CG -3 '. —Size 0.56 $239,000 29 Vacant N. 'J' St Res Prop #1 N. 'J' St 0144-123-03 R5 011 $49,000 30 Vacant N. "J" St Res Prop #2 N.'J' St . 0144-131-36 RS 0.11 $49,000 31 Vacant W.17th St Res Prop W. 17th St 0144123-46. RS 0.11 .$49,000- 32 Vacant N. Hams St Res Pro N. Harris St 0144131-21 RS 0.11 $49,000 34 Vacant N. Crescent Av Res Pro 673 N. Crescent Av 0134-014-10 RM . 0.08 $17,400 37 Vacant Wall Av Res Prop 1256 Wall Av 0146-241-07 RM 0.17 $54,000 39 Vacant E. Santa Fe St Ind Prop 686 E. Santa Fe St 0280-062-07 IL 0.23 $40,590 42 Vacant N. Mt Vernon Av Comm Prop 757 N. Mt. Vernon Av 761 N. Mt. Vernon Av 0139-291-60 0139-291-61 SP -PP CG -3 0.72 $237,653 'D' St Vacant Comm Property f 480 N'D'`St 478 N 'D" St 0134-141-28 0134-141-29 CR -2_ 0.22 TOTAL $125,000 $909.643 -5- VA, EN S R 4 G ION FOR YOURSUCCESS August 13, 2018 RE: Renewal of Existing Listing Agreement To All Concerned Parties: It is with much gratitude that we request the renewal of the existing Listing Agreement between the City of San Bernardino and the Successor Agency. Since the inception our team here at Keller Williams Realty has successfully sold several properties and have several others in escrow pending approval by all parties. The collective value of these properties is $1,045,205.00. Originally there were sixteen (16) sites, fifteen (15) for the Successor Agency and one (1) for the City of San Bernardino. The sale and pending sales when completed will remove six (6) sites with nine (9) remaining active. We will continue to market these remaining properties in the same manner we have with the successful sales of the aforementioned. Typically we see that the more desirable properties are the first to be sold and often times the lesser desirable can be more challenging. We will continue to monitor our progress with the remaining properties and look at other options to promote their sale. One such option may include a bulk sale consideration. When we first embarked upon this agreement we were told that there may be properties added to these sites and were also told that some sites may be removed. To this date only sites have been removed. We would certainly appreciate the opportunity to represent the City of San Bernardino/Successor Agency in disposal of other existing properties. Respectfully Dennis M. Ci Ken Petersoi Lara Fernanc Please note that Mr. Doug Reynoldson is no longer an active part of this team. I 09-2041911 • www.DonnisMCreig.com - D9nnis6DwmWACralg,com VJ 1473 F,,d Street, Ste. 200 • Redlands, CA 92373 kw KELLERWILLIAMS. Resolution No. 2018-293 EXHIBIT "E" AMENDED LISTING AGREEMENT WITH KELLER WILLIAMS REALTY FOR THE LISTING FOR SALE OF CERTAIN SUCCESSOR AGENCY -OWNED REAL PROPERTY ASSETS (See Attachment) 10