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Home My WebLink About09-Council Office CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Council Office Subject: Resolution of the Mayor and Common Council of the City of San Bernardino waiving the 60-day notification requirements imposed by California Government Code Section 25351(c) for the County of San Bernardino to purchase the building located at 303 West Third Street, San Bernardino, California. Dept: Council Office Date: June 3, 2004 OR1G\NAL Synopsis of Previous Council action: None Recommended motion: Adopt Resolution Signature Contact person: Phone: 5188 Supporting data attached: Ward: FUNDING REQUIREMENTS: Amount: Source: (Acct. No.) ( Acct. Description) Finance: Council Notes: ~~~4-\~" 75-0262 Agenda Item No. 9 ~/1/0V STAFF REPORT Council Meeting Date: June 7. 2004 TO: FROM: DATE: AGENDA: Mayor and Common Council Council Office June 3, 2004 Resolution of the Mayor and Common Council of the City of San Bernardino waiviJ1.g the 60-day notification requirements imposed by California Government Code Section 25351(c) for the County of San Bernardino to purchase the building located at 303 West Third Street, San Bernardino, California (Agenda Item #9). On May, 12,2004, the County of San Bernardino notified the San Bernardino City Clerk that, pursuant to California Government Code ~25351(c), it intends to acquire, in fee, the former State office building located at 303 West Third Street, San Bernardino, California, for its public purposes, specifically, for use by the San Bernardino Superior Court for civil courtrooms and for general County office space (copy of this letter is attached to this staff report). In a separate letter also dated May 12,2004, the County of San Bernardino requested that the City of San Bernardino acknowledge receipt of said Notice and consent by resolution to waive the 60-day notification period in California Government Code ~25351 due to the fact that the County intends to consummate said acquisition in the very near future (copy of this letter is attached to this staff report). The proposed resolution complies with the request of the County and will allow it to acquire the 303 West Third Street property. It is recommended that the resolution be adopted. , ,MAY-19-04 14:12 05/19/2004 13:14 MFlY-12-2004 12'33 9096632294 P 04 5B ECONOMIC DEVELOPMENT AGENCY ~ 9093845238 S.B. CD. ADMIN. OFFICE R-269 Job-266 NO. 408 Gl04 909 387 4292 P.1il4/B4 COUNTY OF SAN BERNARDINO BOARD OF SUPKllVlSOltS WIlli( H. urFER Interim CounlV Adrninil_e Officer Coaal.)' AlIllIi1Ii,lr.IIiv. ~., c.- 385 N_ _d A...,IlI. . . .. SmIlauftlillD, CA 9:MIS-Il13D . l'JlI!I)38'l.:l411 pAX (909) "1-54](1 Bill_.. Vj", QlIir .....u....__um.Fi111 Dw.!", Paul BIaIlc .................,...._.._..__._.__~uPIUl DUillicr Dcnril H..,...c:r. eMir ......,~..___mn ndtd Oinrilr, Pal:II ApIlDr .........._.................., ........PwlfA UU1rlcr CJlffard yOUlllg......__....N.._._......_..._Fifth Didh'ir.r May' 12. 2004 Ms. Rachel Clark City Clerk City of San Bernardino 300 North D Street. 2nd Floor San Bernardino, CA 92418 RE: NOTICE OF COUNTY INTENT TO PURCHASE A BUILDING WITHIN THE CITY OF SAN BERNARDINO Dear City Clerk Clark: The County of San Bernardino plans tEl acquire, in fee, the lormer State office building located at 3DS We&1 Third Street, San Bernardino, California. frOm itsourrent owner, 303 LtC. The County IntBr\d$ tEl 1.1" the building for its public pUrpDaBS, lIp8CHlcally. lor use by the San Bernardino Superior Court for civil ooumooms and for generalqounty office space. pursuant to Government Code section 64402Ib) the .CC!Ul'itY hu submitted to the City's planning agenay the location, purpose, and extent of the County's proposed purchase. And, has requested that the CIty's planning agency rilport as to the conformity of our intended purchase with the Clty's adopted general plan or part thereof. Although we believe that it probably does not iiPPly to this purchase, but out at an abundance of caution, the County af San Bemardlno hereby notlftes you, pursuant to Government Code sec:tlon 25351 (el, that we Intend to make the Bbove referenoed purchase. We are not aWlI& af any action, beyond the receipt at this notice, Which you nesd to take in regards to this matter. We would, however, request that you notify 1.1$, In writing, 'of your receipt of this notice. Thank you for your prompt response to this request. Should you need any additional information, please contact me at 387-5424, Chief Ot!puty 'County COunsel Rex Hinesley at 387-5480. or Deputy County Counsel Jsan.Rene Basle at 387-5477. .- Sincerely, A.....~.~ .-., ., GERRV NEWCOMBE Deputy Administrative Officer CD: Gary Van Olldel, Redevelopment DireotDr GN:Itl\H:unc lI2IIlII2a J~ nw m.ii~;n.. ,1/ 1M !ov"ntlllfrtr "f IIu! COII"'Y oj .'4" B~mtJrdt"(l q I" .w'il,/>, '" C.&m:omrr.l by provUbnS 'r!filb tlra/ P'OIfftJ'~.\. ,lac hetdlll, 6tf!ftl;. w./I "'In~, owl ...11..., aJlift a[iLs ,...ut.... a=,d"" lD rh. r;;"IlI~J/ GIlD''''. ",,;rim "'WI, flnd,lIIt will "Jill- 1""'1'1.;, SO""". . . ,.,'.,,;.' , ,~Y-I9-04 05/19/2004 MAY-12-2l<e4 14: 12 13: 14 12:32 9096632294 P.03 5B ECONOMIC DEVELOPMENT AGENCY ~ 9093845238 S.B. CO. FlIlMIN. CFFlCE '. R-269 Job-266 NO. 408 (;103 9B9 387 4292 P.BY04 ".."..~, .. COUNTY OF ,;, . SAN BERNARDINO BOARD OF SUf'ERVlSORS WlRK H. UFFEP. Inlsrilfl County Alninlatndive OIlIllRr County Admlnllnratlve C)ffa :llIS __A_ San 80_. CA ~'s.ol20 (908) 38700418 FAll: (9091 5117-5430 811 .....",,"", Vice Chair.................. RI5I P- Paul Bieno___u__._.._................_ OIslliler CenMl _....rg.... CNlir .__m__uTPlirtl 0isIIiI:f Pam AOo~ ..............__m.u_...... Fanfh DSIIlt:I Cllllord Vo~og ......,......................... f'1III1_ May 12,l!OO4 Cily Council City of san Bernardino SOD North D Street, 2nd Floor San BernBnJmo, CA 92418 RE: REQUEST FOR WAiVER OF TIME FOR NOTlCETQClTY CLERK OF COUNTY PURCHASE OF BUILDING WITHIN THE CITY OF SAN BERNARDINO , " '<". ~ I:. ~ l,'-!"."'.<;'"'.' Dear Mcmbel'll. San Bernardino City council: The Cour1l:y of San Bernardino plans to acquire, In fee. the farmer State office building locatlld at 309 West Third Street. San Bernardino, Califomla, from Its current owner, 303 Ll.C. The County intends tel use the building for itS public PUIpOSIlII. speoifk:ally. for use by me San Bernardino Superior Coun for civil courtrooms and for general County office Splice. PUllluant to Govemment Code section 84402(b) the County has lIubmitted tel the City's planning agenay !he location, purpose, and extent of the' County'. proposed purcha$e. And, has requested that the City's planning agency report as to the conformity of our Intended purchase with the CitY's adopted general plan or part thereof. ' .,." Although we believe that it probably does not apply to this purchase, but out of an abundance of caution. the County of San Bernardino notified your (:ity Qlerk,l.pursuant tel Govemment Code section 25351(0). that we intend to rnake me 8boverelereiiced purchase. (See enclosed Notice.) We are not aware of any specific aetton, beyond'lh'e receipt of the Notice, which the City Clerk or me City Council needs to take In regardll to this matter. However. since we plan to purchaee this builCling on June 8, 2004. we would requeSt pursuant to GCIYIlrnment Code section 25361(d), that the City Council acknowledge reCeipt of the Notlce and oonant by resolution to waive the 6D-day notification period inG(W(immMrCode section 25351 (e) no later than June 7, 2004- Thank you for your prompt response to this request,. Should you need any additional information. please oontae! me at 387-5424, Chief Deputy County Counsel ReJl Hlne5ley at 387-5480, or Deputy County COUIl$e1 JBilIl-Aene Basle, at 387-54n. .: ....".1..'1'- '~'. SinlJerelY.i.' ""'1' ' fi'~~ GER-;;;{eWCOM6E Deputy Admi n\~trative Offioer . ;',.,.....j;.iow1.::.fl.:t Ene: Notioe of County Intent to Purchase a Building'Withln the City of San Bernardino 00: Gary Van Osdel, Redevelopment Director '. .. IiIN:RAII:s"", 02A082Il nur HWslon ~rla#. ~Dw:m~ a/1M cO',..". ql SA" B~m4mi"" is Jfl MUi6Jy ". ClliIQih,r, u.\' provttlbrS ."nvfcoI!' 'hilt IJrtRlf(f'~* h hcolzh. ~oft!.r.v. '""'t!1I /Ming. ,md t}MDlirY o/life ofu,( re.fitknk (K'CDnJ'r~ '0 rhl Ctjy,.".. CluarrpI'. geIJtrulltlw.r. aM the will pf't1c ptf)pk if SCrYE'S. OFFICE OF THE CITY CLERK RACHEL G. CLARK, CM.C. - CITY CLERK 300 North "D" Street. San Bernardino. CA 92418-0001 909.384.5002. Fax: 909.384.5158 www.ci.san-bernardino.ca.us 'M June 14,2004 Mr. Gerry Newcombe Deputy Administrative Officer County of San Bernardino County Administrative Office 385 North Arrowhead Avenue San Bernardino, CA 92415 RE: REQUEST FOR WAIVER OF TIME FOR NOTICE TO CITY CLERK OF COUNTY PURCHASE OF BUILDlNG WITHlN THE CITY OF SAN BERNARDlNO Dear Mr. Newcombe, At the Mayor and Common Council meeting of June 7, 2004, the City of San Bernardino adopted Resolution 2004-139 - Resolution of the Mayor and Common Council of the City of San Bernardino waiving the 60-day notification requirements imposed by California Government Code Section 25351 (c) for the County of San Bernardino to purchase the building located at 303 West Third Street, San Bernardino, California. Enclosed for your records is a certified copy of Resolution 2004-139. If you have any questions, please do not hesitate to contact this office at (909) 384-5002. Sincerely, ~)..Lt h. ~~ Rachel G. Clark, CMC City Clerk RGC:mt Enclosure cc: Gary Van Osdel, Director, Economic Development Agency City Administrator's Office City Attorney's Office Council Office Crry OF SAN BERNARDINO A n.n.n...un Cn... onn 'TA.T TTVC_ Tntt>cn-;h,. A,..,...nllnt(lnil1tu. l)pcnp('t fnr J.inTIHln nionitv. Unnp.<:tv , RESOLUTION Nt 0) ~1f 1 c 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO WAIVING THE 60-DA Y NOTIFICATION REQUIREMENTS 3 IMPOSED BY CALIFORNIA GOVERNMENT CODE SECTION2S351(c) FOR THE COUNTY OF SAN BERNARDINO TO PURCHASE THE BUILDING LOCATED AT 4 303 WEST THIRD STREET, SAN BERNARDINO, CALIFORNIA. 5 6 WHEREAS, the County of San Bernardino has notified the San Bernardino City Clerk by 7 etter dated May 12,2004, pursuant to California Government Code ~ 25351(c), that it intends to 8 cquire, in fee, the former State office building located at 303 West Third Street, San Bernardino, 9 alifomia, for its public purposes, specifically, for use by the San Bernardino Superior Court for 10 ivil courtrooms and for general County office space; and 11 WHEREAS, the County of San Bernardino has requested by another letter dated May 12, 12 004 that the City of San Bernardino acknowledge receipt of said Notice and consent by resolution 13 o waive the 60-day notification period in California Government Code ~25351 due to the fact that 14 e County intends to consummate said acquisition in the very near future. 0 15 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON 16 OUNCIL that the City of San Bernardino hereby acknowledges receipt of notification from the 17 ounty of San Bernardino pursuant to California Government Code ~25351 (c), and hereby waives 18 aid 60-day notification requirements in accordance with California Government Code ~25351(d). 19 BE IT FURTHER RESOLVED that the City Clerk is directed to notify the County of San 20 ernardino of the action taken herein and to send to said County a conformed copy of this resolution. 21 II 22 II 23 II 24 II 25 II 26 II 27 II 0 2& II c. o 15 16 17 18 19 20 21 22 23 1 2 3 4 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO WAIVING THE 60-DA Y NOTIFICATION REQUIREMENTS IMPOSED BY CALIFORNIA GOVERNMENT CODE SECTION2S351(c) FOR THE COUNTY OF SAN BERNARDINO TO PURCHASE THE BUILDING LOCATED AT 303 WEST THIRD STREET, SAN BERNARDINO, CALIFORNIA. 5 HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common 6 ouncil of the City of San Bernardino at a meeting thereof, held on the 7 8 9 10 11 12 13 14 day of , 2004, by the following vote, to wit: OUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT LLEY CCAMMACK CITY CLERK The foregoing Resolution is hereby approved this _ day of ,2004. JUDITII VALLES, Mayor City of San Bernardino pproved as to form and 24 egal content: 25 26 y: \~ 27 S f3~u:';:.' o 2&