HomeMy WebLinkAboutR31-Economic Development Agency
ECONOMIC DEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO
FROM:
Maggie Pacheco, Deputy Director/Director
Housing & Community Development
SUBJECT:
SALE OF REDEVELOPMENT AGENCY
OWNED LAND TO SAN BERNARDINO
CITY UNIFIED SCHOOL DISTRICT
DATE:
January 15, 2002
O~. 'L
r,. '-,.......
SvnoDsis of Previous Commission/Council/Committee Action(s):
On December 3, 2001, the Community Development Commission authorized Agency Staff to proceed with the sale of
the Properties and Site described in this report.
Recommended Motion(s):
OPEN JOINT PUBLIC HEARING
CLOSE JOINT PUBLIC HEARING
(Community DeveloDment Commission)
MOTION A: RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION APPROVING AND
AUTHORIZING THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
("AGENCY") TO SELL CERTAIN VACANT PARCELS GENERALLY LOCATED AT 9TH AND
DEL ROSA (AP#278.061.54, 68, 74, & 75; 278.201.30, 31, 32, 33 & 34) (THE "SITE") TO THE
SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT (THE "DISTRICT") PURSUANT TO A
PURCHASE CONTRACT AND MAKING CERTAIN FINDINGS WITH RESPECT TO SAID
SALE BY THE AGENCY AND REPAYMENT OF AGENCY LOW IMOD HOUSING FUNDS.
(Mayor and Common Council)
MOTION B:
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO (I) ACKNOWLEDGING RECEIPT OF A 33433 SUMMARY REPORT RELATING
TO THE SALE OF THE 9th AND DEL ROSA (APPROXIMATELY 73 ACRES) SITE AS
DESCRIBED IN MOTION A AND (2) AUTHORIZING AND CONSENTING TO THE SALE OF
THE SITE BY THE AGENCY TO THE DISTRICT.
.______________.___________.___________.__._______~~!!!!-'!s._~_'!_lI.t!!!_~~cJ To ~~xt P~l:~__._______._______.__.__.___.___.__.___.______
Contact Person(s): Maggie Pacheco Phone: 663.1044
Project Area(s) Tri.City Project Area Ward(s): 2 & 7
Supporting Data Attached: 0 Staff Report 0 Resolution(s) 0 Agreement(s)/Contract(s) 0 Map(s) 0 LellerlMemo
FUNDING REQUIREMENTS 0 Source: N/A
Budget Authority: N/A
~ (J ~./
-tr;ggi~ p\,g~co, Deputy Director/Director
Housing & Community Development
----------.--.---------
Commission/Council Notes:
SIGNATURE:
fJ2sj :KJ"d -S: Crx.(;Jx,;) -10
~.~_=_l._[......~g.~.:~.J:...mmm.m_m_m.m_.m______....._____m.mmm..mmm_..mm.m_mm.m
GYO:MP:sj:I-22-02 20th Street Sale of Land School District COMMISSION MEETING AGENDA
Meeting Date: 01122/2002
Agenda Item Number:
1<3/
REQUEST FOR COMMISSION/COUNCIL ACTION
20TH Street Sale of Land School District
January 14, 2002
Page 2
Recommended Motions continued:
(Community Development Commission)
MOTION C: RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION APPROVING AND
AUTHORIZING THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
("AGENCY") TO SELL ELEVEN (11) VACANT PARCELS ON 20TH STREET BETWEEN ARDEN
AND GUTHRIE STREETS (2241, 2251, 2261, 2271, 2291, 2311, 2321, 2331, 2371, 2381 AND 2391
20th STREETS) (THE "PROPERTIES") TO THE SAN BERNARDINO CITY UNIFIED SCHOOL
DISTRICT (THE "DISTRICT') PURSUANT TO A PURCHASE CONTRACT AND MAKING
CERTAIN FINDINGS WITH RESPECT TO SAID SALE BY THE AGENCY AND THE
REPAYMENT OF AGENCY LOW /MOD HOUSING FUNDS.
(Mayor and Common Council)
MOTION D: RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO (1) ACKNOWLEDGING RECEIPT OF A 33433 SUMMARY REPORT RELATING
TO THE SALE OF ELEVEN (11) VACANT PROPERTIES ON 20TH STREET AS DESCRIBED IN
MOTION C AND (2) AUTHORIZING AND CONSENTING TO THE SALE OF THE PROPERTIES
BY THE AGENCY TO THE DISTRICT.
GYO:MP:sj:l.22-02 20th Street Sale of land School District
COMMISSION MEETING AGENDA
Meeting Date: 01122/2002
Agenda Item Number:
ECONOMIC DEVELOPMENT AGENCY
STAFF REPORT
Sale Of RedeveloDment Al!encv Owned Land To San Bernardino Citv Unified School
District
BACKGROUND:
1. 9th and Del Rosa ProDerties:
In July 1990, the Agency acquired from the State of California ("State") via an exchange
agreement, approximately 73 acres (9 contiguous parcels, rangin~ from 0.19 to 45.4 acres, equal
to approximately 3 million sq. ft.) ofland generally located on 9 and Del Rosa (the "Site"),
within the Tri-City Redevelopment Project Area, using the Agency's Low/Moderate Income
Housing Fund. The Agency acquired the Site for approximately $3 million.
It was intended that the Site be developed with affordable housing, however, this objective never
materialized because the costs associated with such development involved the Agency providing
the land at no costs, plus providing in excess of$1-2 million in additional funds to make the
project financially feasible.
Per State Law, the Agency must dispose of any land it acquires, using the Low/Moderate Income
Housing Fund, or it must initiate redevelopment, within five (5) years from the date of purchase.
Pursuant to law, the Agency is allowed to extend the period for which the Agency may retain the
property for one additional period of not to exceed five (5) years. Despite the Agency's attempts
to dispose of the Site, in fiscal year 1998-1999, the Agency had an audit finding (dated June 30,
1999) that indicated that the Agency failed to initiate disposition, or failed to initiate either
development of the Site for affordable housing or repay the Low/Moderate Income Housing
Fund (violation ofH & S Code 33334.16). Consequently, in order to rectify the audit finding, on
May 15,2000, the Agency adopted Resolution CDC 2000-13, and the Mayor and Common
Council, by Resolution No. 2000-116 approved a Redevelopment Cooperation and
Reimbursement Agreement between the Low/Moderate Income Housing Fund and Tri City
Redevelopment Project area ("Reimbursement Obligation"). This Reimbursement Obligation
requires the Agency's Tri City Project Area to repay the Low/Moderate Income Housing fund
commencing in July 2, 2001 and continuing thereafter until the total debt is repaid, or no later
than July 1,2020. The annual payment ranges between $100,000 to $150,000. The amount of
the debt Tri City owes the Low/Moderate Income Housing Fund is $2,416,437. It is becoming
increasingly difficult for the Agency to meet this payment, and thus a financial burden to the
project area. This amount included $2,082,488 of land purchase costs and $334,050 of interest
accrual. The current balance on the Note between the Low/Mod Fund and Tri City is
$2,339,000.
GVQ:MP:sj:1-22-02 20th Street Sale of Land School District
COMMISSION MEETING AGENDA
Meeting Date: 01122/2002
Agenda Item Number:
Economic Development Agency Staff Report
Sale of Land School District
January 14,2002
Page 2
In conjunction with adoption of the Resolutions referenced above, the Agency was also required
to initiate a real estate marketing and sale program for the sale and disposition of the Site.
2. 20tb Street Properties:
In an effort to revitalize the neighborhood, over the years, commencing in 1993, to the present,
the Agency has been actively engaged in purchasing properties within the Arden Guthrie
neighborhood situated between Arden, Guthrie, 20 and Highland Avenue (the "Area").
Presently, the Agency owns approximately 50% of the parcels within this Area (refer to attached
Map).
On 20tb Street, the Agency owns eleven (II) vacant parcels. According to the Agency's financial
records, it appears that the Agency purchased seven (7) of these parcels (the "Properties") using
the Agency's Low/Moderate Income Housing Fund (estimated at $402,544), and the remaining
four (4) parcels were purchased using Community Development Block Grant (CDBG) funds
(estimated at $88,035). These expenditures included costs for acquisition, related escrow fees,
payment of liens, relocation and demolition.
On a separate issue, but somewhat related, in 1999, the Agency agreed to lease to the District,
two four (4) plexes within the Arden Guthrie Area (2204 Sunrise Lane and 2205 E. 19th Street)
with an option price of approximately $90,000. This amount represents the total oflease
payments to the Agency over a fifteen (15) year period. In 1999, the appraised value for these
properties, fully improved, was $56,000. It is the intent of the District to eventually exercise
their option to purchase these properties from the Agency in order to develop the proposed
elementary school #47.
CURRENT ISSUE:
In its efforts to market and dispose of the above Properties and Site, the Agency has held several
discussions with the San Bernardino City Unified School District (the "District") about the need
for the Agency to dispose of the Properties, the Site and the District's school facility needs.
The District has experienced increase in student enrollment and has determined that they are in
need of constructing a new Elementary School (Elementary School #47) in the area fronting 20th
Street, adjacent to Emmerton Elementary School on Arden Avenue. The proposed elementary
school will provide facilities for 800-900 students in grades K-6. Moreover, the District has
been searching for over 50 acres to develop a high school to accommodate 2,400 students in
grades 9-12. It should be noted that the District considered developing a high school adjacent to
the City's downtown area, however, despite their preference to develop a high school in this
area, this did not prove to be viable for the District. As such, after reviewing several sites, the
District has concluded that approximately 55 net useable acres within the Agency's 9th & Del
Rosa 73 acre Site may be suitable for development of the proposed high school.
GVO:MP:sj:1-22-02 20th Street Sale orLand School District
COMMISSION MEETING AGENDA
Meeting Date: 01122/2002
Agenda Item Number:
Economic Development Agency Staff Report
Sale of Land School District
January 14,2002
Page 3
Furthermore, on January 8, 2002, the Planning Commission considered the District's request to
potentially develop schools in the vicinity of 20th and 9th & Del Rosa, and made a finding that the
proposed development of such schools was consistent with the City's General Plan.
The following summarizes the market values for both 20th Street Properties and 9th & Del Rosa
Site:
20th Street Properties Valuation:
The 20th Street Properties "as is" market value is $183,000 (or about $2.25 psffor less
than 2 acres) per an appraisal dated December 17, 2001. The specific market value per
parcel are stipulated in the attached Resolution pertaining to Motion A. herein.
9th & Del Rosa Site Valuation:
In order to establish the Reimbursement Obligation Agreement between Tri City
Redevelopment Project Area and the Low/Moderate Income Housing Fund, the Site was
appraised in August 2000, at which time the Site's "as is" market value was estimated at
$1,913,000 for all 73 acres (.58 to .62 pst).
Attached are the proposed Real Estate Purchase Contracts for both the 20th Street Properties and
the 9th & Del Rosa Site. The District proposes to pay the Agency the "as is fair market value"
for the Properties and the Site based on a current appraisal. The District will be required to
submit to the Agency a good faith deposit for the Site and the Properties which is non-refundable
should the District change their course after their due diligence period is completed and
approved. Although, the District must conduct their "due diligence" items prior to November
29, 2002, it is anticipated that the 20th Street Properties escrow will close by September 30, 2002,
and the 9th & Del Rosa Site will close by December 20,2002. The closing of both escrows is
predicated on environmental testing for hazardous materials, review and approval by the State of
such environmental reports, and new state bond funding. For this reason, the District has asked
for an option to extend the escrow for a period of 360 days accompanied with an additional good
faith deposit, should they not be able to close within the prescribed time frame.
Given the reasons and facts stated in this Staff Report, Resolutions and 33433 Summary Reports,
Staff is recommending that the Community Development Commission, with the concurrence of
Mayor and Common Council, sell the Site and the Properties to the District at the appraised
market value. Moreover, Staff is recommending that the Commission make certain findings as
set forth in the respective Resolutions whereby the Agency will seek to eliminate the
low/moderate income housing debt with regard to the Site and the Properties based on the facts
presented in the Resolutions.
GVO:MP:sj:1-22-02 20th Street Sale of Land School District
COMMISSION MEETING AGENDA
Meeting Date: 01122/2002
Agenda Item Number:
Economic Development Agency Staff Report
Sale of Land School District
January 14,2002
Page 4
ENVIRONMENTAL IMPACT:
On January 8,2002, the City's Planning Commission found and determined that the development
by the District of Elementary School #47 and the 9th & Del Rosa High School are consistent with
the general Plan and current zoning regulations of the City. The District is the "lead Agency" as
defined in the California Environmental Quality Act (CEQA), per Section 65402 for the
acquisition and redevelopment of the Properties and the Site, and the District shall be subject to
all of the development mitigation measures as required under CEQA.
FISCAL IMPACT:
The sale of the Properties and the Site will enable the Agency to repay the debt owed to the
Low/moderate Income Housing Fund. The total purchase price for the 20th Street Properties is
$183,000, and said sale proceeds will deposited into the Agency's Low/Mod Housing Fund and
the CDBG Fund as provided for in the Resolution approving said sale.
Assuming the District purchases 55 acres of the 73 acre Site, the sales price shall not be less than
$1,375,000. Said Sale price shall be confirmed by a current appraisal report prepared by a
General Certified/MAI Appraiser mutually selected by Agency and District.
RECOMMENDATION:
That the Mayor, Common Council and the Community Development Commission adopt the
attached Resolutions.
~)(j)~
Maggie Pacheco, Deputy Director/Director
Housing & Community Development Director
GVO:MP:sj:1-22-02 20th Street Sale ofLand School District
COMMISSION MEETING AGENDA
Meeting Date: 01/22/2002
Agenda Item Number:
~(Q)~V
,
1
RESOLUTION NO: cno/2oo2-5
2
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION
APPROVING AND AUTHORIZING THE REDEVELOPMENT AGENCY OF
THE CITY OF SAN BERNARDINO ("AGENCY") TO SELL CERTAIN
VACANT PARCELS GENERALLY LOCATED AT 9TH AND DEL ROSA
(AP#278-061-54, 68, 74, &75; 278-201-30, 31, 32, 33 & 34) (THE "SITE") TO
THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT (THE
"DISTRICT") PURSUANT TO A PURCHASE CONTRACT AND MAKING
CERTAIN FINDINGS WITH RESPECT TO SAID SALE BY THE AGENCY
AND REPAYMENT OF AGENCY LOWIMOD HOUSING FUNDS.
3
4
5
6
7
8
9
WHEREAS, the Redevelopment Agency of the City of San Bernardino
10
("Agency") is a public body, corporate and politic, organized and existing pursuant to
11
the constitution of the State of California; and
12
13
WHEREAS, the Agency acquired an approximate seventy three (73) acre site
14
situated near the southern comer of the intersection of 9th Street and Del Rosa (the
15
"Site") in the City of San Bernardino (the "City") from the State of California
16
pursuant to the terms of an agreement, dated September 14, 1988 by and among the
17
State of California acting through the Director of General Services and the City and
18
19
the Agency; and
20
WHEREAS, funds of the Agency Low/Moderate Income Housing Fund from
21
the Tri-City Redevelopment Project Area, in the amount of approximately $3 million,
22
were used to acquire the Site; and
23
WHEREAS, pursuant to Health and Safety Code Section 33334.16, (the
24
25
"Code") the Agency is required to dispose of or initiate redevelopment activities
26
consistent with the development of the Site within five years from the date it first
27
acquires the Site; and
28
1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
WHEREAS, on May 15,2000, due to the 1998-1999 financial audit report, the
Agency was found in violation of the Code, and as such, the Agency adopted
Resolution CDC2000-13, correcting the failure of the Agency to dispose of the Site or
redevelop the Site pursuant to the Code, and approved the Low and Moderate Income
Housing Fund Redevelopment Cooperation and Reimbursement Agreement (the
"Reimbursement Obligation Agreement") whereby the Agency agreed to repay the
Low/Moderate Income Housing Fund the sum of $2,416,437 ("Principle Loan
Amount") from the Agency's Tri City Redevelopment Project Area tax increment
fund; and
WHEREAS, pursuant to the terms of the Reimbursement Obligation
Agreement, the Agency shall make annual payments commencing July 1,2001, and a
portion of the required $100,000 was applied to the Principle Loan Amount, and
therefore, the remaining loan balance as it pertains to the Site is presently $2,339,000;
and
WHEREAS, in order to establish the value for the Site and enter into the
Reimbursement Obligation Agreement, the Site was appraised in August 2000, by an
independent MAl Appraiser, and said Appraiser determined that the value of the Site
(includes all 73 acres) is $1,973,000 (the "Appraisal"); and
WHEREAS, in order to fulfill the Agency's obligation to dispose of the Site
(;onsistent with the Code, the Agency desires to sell the subject Site to the San
Bernardino City Unified School District (the "District"), and the District desires to
purchase 55 net usable acres within the 73 acre Site at the AS IS, FAIR MARKET
VALUE, of the Site, as established by the August 2000 Appraisal, or a mutually
2
1
2
3
agreed upon purchase price as established by a current appraisal of the Site, as
mutually approved and agreed upon by the Agency and District, and the Agency
desires to deposit the fair market value for the Site into the Agency's Low and
Moderate Income Housing Fund in order to relieve the Agency's Tri-City
Redevelopment Project Area from the obligation to annually submit payments to the
Low/Moderate Income Housing Fund.
NOW, THEREFORE, THE COMMUNITY DEVELOPMENT
COMMISSION (THE "COMMISSION") ACTING ON BEHALF OF THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO DOES
HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. The Site was originally acquired by the Agency for development of
affordable housing purposes, and the Agency used and applied the sum of $2,416,437
from its Low and Moderate Income Housing Fund to acquire the Site which are
hereby sold to the San Bernardino City Unified School District (the "District"),
pursuant to the terms and conditions of the Purchase Contract (the "Agreement").
Section 2. The Commission hereby finds and determines that despite the
Agency's prior efforts to cause the Site to be redeveloped for affordable housing
purposes, general economic conditions and the further blight resulting from the
closure of the nearby former Norton Air Force Base have prevented the Agency from
redeveloping the Site for affordable housing purposes. These conditions were
summarized in a written report dated March 22, 1995, as previously approved by the
Commission. The Commission hereby further finds and determines that since the time
of the March 22, 1995 Report, conditions which support the redevelopment and reuse
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20d21
22
23
24
25
26
27
28
3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
of the Site for affordable housing purposes have not materially improved and
accordingly, the Commission concurs that it is in the best interest of the Agency to
dispose of the Site to the District in an effort to comply with the Law and repay the
Low and Moderate Income Housing Fund, and to also assist the District in meeting the
student population needs of the City of San Bernardino. The Commission further
finds and determines that the City will benefit by the transfer and sale of the Site at the
current fair market value to the District for use and improvement as a public school
site. The proceeds of the sale of the Site to the District, less the costs of sale payable
by the Agency under the Agreement, shall be deposited to the Agency's Low and
Moderate Income Housing Fund and applied towards the debt established by the
Reimbursement Obligation Agreement and the Agency Executive Director is further
authorized and directed to send a report to the State of California, citing the fact that it
is unreasonable and unfeasible to expect the Agency to derive more than the present
"as is fair market value" for the Site; and as such, the Agency seeks to eliminate the
debt against the Tri City Redevelopment Project Area as set forth in the
Reimbursement Obligation Agreement given the circumstances set forth herein.
Section 3. The Commission hereby finds and determines that no further
environmental review of the disposition and redevelopment of the Site pursuant to the
Agreement is necessary in light of the fact that on January 8, 2002, the Planning
Commission of the City of San Bernardino, found and determined that the
development by the District of a proposed high school on the Site is consistent with
the City General Plan and current zoning regulations applicable to the Site. The
District is the "lead Agency", as defined under the California Environmental Quality
4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Act (CEQA), for the acquisition and redevelopment of the Site with a high school and
the disposition of the Site by the Agency to the District shall be subject to all of the
development mitigation measures as required under CEQA.
Section 4. The Commission hereby approves, receives and files the 33433
Summary Report and the Agreement in the form as submitted at this joint public
hearing.
Section 5. The Commission hereby approves the disposition of the Site to
the District, subject to the terms and conditions of the Agreement. The Chair of the
Commission, and or the Executive Director are hereby and directed to execute the
Agreement on behalf of the Agency together with technical and conforming changes
as may be recommended by the Executive Director and approved by Agency Counsel.
The signatures of the Chair of the Commission and or the Executive Director on the
Agreement shall provide conclusive evidence that the Agreement has taken effect. In
the event that the Agreement may not be fully executed by the parties for any reason
within sixty (60) days following the date of adoption of this Resolution, the
authorization granted to the Chair of the Commission and or the Executive Director
shall be of no further force or effect.
Section 6. Provided the Agreement has been fully executed by the parties
within the period of time set forth in Section 5 of this Resolution, the Executive
Director of the Agency is hereby authorized and directed to take all actions set forth in
the Agreement on behalf of the Agency to close the escrow transaction described
herein. The Chair of the Commission and or the Executive Director are further
authorized to execute an acknowledgement of acceptance of transfer of title of the Site
5
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
subject to the Agreement from the City of San Bernardino pursuant to the Resolution
of the Mayor and Common Council of even date herewith, and to execute the final
form of the Agency Grant Deed transferring title to the Site from the Agency to the
District upon satisfaction of the applicable conditions for the close of the escrow set
forth in the Agreement.
/III
1/1/
/III
/III
/III
/III
1/1/
1/1/
/III
1/1/
1/1/
/III
1/11
1/1/
/III
/III
1/1/
1/11
6
1
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION
APPROVING AND AUTHORIZING THE REDEVELOPMENT AGENCY OF
THE CITY OF SAN BERNARDINO ("AGENCY") TO SELL CERTAIN
VACANT PARCELS GENERALLY LOCATED AT 9TH AND DEL ROSA
(AP#278-061-54, 68, 74, &75; 278-201-30, 31, 32, 33 & 34) (THE "SITE") TO
THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT (THE
"DISTRICT") PURSUANT TO A PURCHASE CONTRACT AND MAKING
CERTAIN FINDINGS WITH RESPECT TO SAID SALE BY THE AGENCY
AND REPAYMENT OF AGENCY LOW/MOD HOUSING FUNDS.
2
3
4
5
6
7
8
I HEREBY CERTIFY that the foregoing resolution was duly adopted by Community
9 Development Commission of the City of San Bernardino at a Joint Regular
10
meeting thereof, held on
following vote, to wit:
day of January
, 2002 by the
22nd
11
12
COMMISSION MEMBERS: AYES
ESTRADA
NAYS
ABSTAIN
ABSENT
13
x
14
x
LIEN
MCGINNIS x
SCHNETZ x
SUAREZ x
ANDERSON x
MC CAMMACK x
15
16
17
18
19
20
Secretary
21
The foregoing resolution is hereby approved this
22 day of , 2002.
23
24
Judith Valles, Chairperson
Community Development
Commission
25
26
Approved as to form and Legal Content:
27
By:
28
Agency Counsel
7
.
1
, ~(Q)USJV
RESOLUTION NO: 2002-31
2
3
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO (1) ACKNOWLEDGING RECEIPT OF A 33433 SUMMARY
REPORT RELATING TO THE SALE OF THE 9th AND DEL ROSA
(APPROXIMATELY 73 ACRES) SITE AS DESCRIBED IN MOTION A AND (2)
AUTHORIZING AND CONSENTING TO THE SALE OF THE SITE BY THE
AGENCY TO THE DISTRICT.
4
5
6
7
WHEREAS, the Redevelopment Agency of the City of San Bernardino ("Agency") is
8
a public body, corporate and politic, organized and existing pursuant to the constitution of the
9
10
State of California; and
11
WHEREAS, the Agency acquired an approximate seventy three (73) acre site situated
12
near the southern corner of the intersection of 9th Street and Del Rosa (the "Site") in the City
13
of San Bernardino (the "City") from the State of California pursuant to the terms of an
14
15
agreement, dated September 14, 1988 by and among the State of California acting through the
16
Director of General Services and the City and the Agency; and
17
WHEREAS, funds of the Agency Low/Moderate Income Housing Fund from the Tri-
18
City Redevelopment Project Area, in the amount of approximately $3 million, were used to
19
acquire the Site; and
20
21
WHEREAS, pursuant to Health and Safety Code Section 33334.16, (the "Code") the
22
Agency is required to dispose of or initiate redevelopment activities consistent with the
23
development of the Site within five years from the date it first acquires the Site; and
24
WHEREAS, on May 15, 2000, due to the 1998-1999 financial audit report, the
25
26
Agency was found in violation of the Code, and as such, the Agency adopted Resolution
27
CDC2000-13, correcting the failure of the Agency to dispose of the Site or redevelop the Site
28
pursuant to the Code, and approved the Low and Moderate Income Housing Fund
1
1
Redevelopment Cooperation and Reimbursement Agreement (the "Reimbursement Obligation
2
Agreement") whereby the Agency agreed to repay the Low/Moderate Income Housing Fund
3
the sum of $2,416,437 ("Principle Loan Amount") from the Agency's Tri City
4
5
Redevelopment Project Area tax increment fund; and
6
WHEREAS, pursuant to the terms of the Reimbursement Obligation Agreement, the
7
Agency shall make annual payments commencing July 1,2001, and a portion of the required
8
$100,000 was applied to the Principle Loan Amount, and therefore, the remaining loan
9
10
balance as it pertains to the Site is presently $2,339,000; and
11
WHEREAS, in order to establish the value for the Site and enter into the
12
Reimbursement Obligation Agreement, the Site was appraised in August 2000, by an
.
13
independent MAl Appraiser, and said Appraiser determined that the value of the Site
14
(includes all 73 acres) is $1,973,000 (the "Appraisal"); and
15
16
WHEREAS, in order to fulfill the Agency's obligation to dispose of the Site consistent
17
with the Code, the Agency desires to sell the subject Site to the San Bernardino City Unified
18
School District (the "District"), and the District desires to purchase 55 net usable acres within
19
the 73 acre Site at the AS IS, FAIR MARKET VALUE, of the Site, as established by the
20
August 2000 Appraisal, or a mutually agreed upon purchase price as established by a current
21
22
appraisal of the Site, as mutually approved and agreed upon by the Agency and District, and
23
the Agency desires to deposit the fair market value for the Site into the Agency's Low and
24
Moderate Income Housing Fund in order to relieve the Agency's Tri-City Redevelopment
25
Project Area from the obligation to annually submit payments to the Low/Moderate Income
26
27
Housing Fund.
28
2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO DO HEREBY RESOLVE, DETERMINE AND ORDER AS
FOLLOWS:
Section 1. The Site was originally acquired by the Agency for development of
affordable housing purposes, and the Agency used and applied the sum of$2,416,437 from its
Low and Moderate Income Housing Fund to acquire the Site which are hereby sold to the San
Bernardino City Unified School District (the "District"), pursuant to the terms and conditions
of the Purchase Contract (the "Agreement").
Section 2. The Commission hereby finds and determines that despite the Agency's
prior efforts to cause the Site to be redeveloped for affordable housing purposes, general
economic conditions and the further blight resulting from the closure of the nearby former
Norton Air Force Base have prevented the Agency from redeveloping the Site for affordable
housing purposes. These conditions were summarized in a written report dated March 22,
1995, as previously approved by the Commission. The Commission hereby further finds and
determines that since the time of the March 22, 1995 Report, conditions which support the
redevelopment and reuse of the Site for affordable housing purposes have not materially
improved and accordingly, the Commission concurs that it is in the best interest of the
Agency to dispose of the Site to the District in an effort to comply with the Law and repay the
Low and Moderate Income Housing Fund, and to also assist the District in meeting the
student population needs of the City of San Bernardino. The Commission further finds and
determines that the City will benefit by the transfer and sale of the Site at the current fair
market value to the District for use and improvement as a public school site.
3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Section 3. The Commission hereby finds and determines that no further
environmental review of the disposition and redevelopment of the Site pursuant to the
Agreement is necessary in light of the fact that on January 8, 2002, the Planning Commission
of the City of San Bernardino, found and determined that the development by the District of
proposed high school on the Site is consistent with the City General Plan and current zoning
regulations applicable to the Site. The District is the "lead Agency", as defined under the
California Environmental Quality Act (CEQA), for the acquisition and redevelopment of the
Site with a high school and the disposition of the Site by the Agency to the District shall be
subject to all of the development mitigation measures as required under CEQA.
Section 4. The Commission hereby approves, receives and files the 33433
Summary Report and the Agreement in the form as submitted at this joint public hearing.
Section S. The Commission hereby approves the disposition of the Site to the
District, subject to the terms and conditions of the Agreement.
Section 6. Provided the Agreement has been fully executed by the parties within the 60
day period of time, the Mayor or hislher designee are authorized to execute a Quitclaim Deed
transferring title of Site to the Redevelopment Agency of the City of San Bernardino pursuant
to the Resolution of the Mayor and Common Council of even date herewith, in order for the
Agency to transfer title to the Site from the Agency to the District upon satisfaction of the
applicable conditions for the close of the escrow set forth in the Agreement.
IIII
IIII
IIII
IIII
4
1
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO (1) ACKNOWLEDGING RECEIPT OF A 33433 SUMMARY
REPORT RELATING TO THE SALE OF THE 9th AND DEL ROSA
(APPROXIMATELY 73 ACRES) SITE AS DESCRIBED IN MOTION A AND (2)
AUTHORIZING AND CONSENTING TO THE SALE OF THE SITE BY THE
AGENCY TO THE DISTRICT.
2
3
4
5
6
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
Joint Regular
Common Council of the City of San Bernardino at a meeting thereof, held on the
7
8
22nd day of January
, 2002, by the following vote to wit:
9
Council Members:
Ayes
Nays
X
Abstain
Absent
10
11
ESTRADA
LIEN
MCGINNIS
SCHNETZ
SUAREZ
---1L-
---1L-
---1L
12
X
13
14
15 ANDERSON ---1L
16 MCCAMMACK X
17
18
Rachel G. Clark
19
The foregoing resolution is hereby approved this
day of
,2002.
20
21
Judith Valles, Mayor
City of San Bernardino
22
Approved as to form and Legal Content:
23
By:
24 1, City Attorney
25
26
27
28
5
REAL ESTATE PURCHASE CONTRACT
AND ESCROW INSTRUCTIONS
VACANT LAND PARCELS ADJACENT TO DEL ROSA DRIVE
SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT
AND
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO.
avid Bail and Michael Perez
Redevelopment Agency of the City of
San Bernardino
Gary Van Osdel and Maggie
acheco
5-3669891
01 North E Street
uite 301
an Bemardino, CA 92401-1507
ESCROW COMPANY
Chicago nle Company
Cindy Parsell
5-2285577
77 North F Street
an Bernardino, CA 92410
60 East Hospitalily Lane
an Bernardino, CA 92418
909) 381-1238
FAX: 909) 885-4218
Email: MichaeI.Perez@sbcusd.k12.ca.us
(909) 663-1044
(909) 888-9413
mpacheco@sbrda.org
909)384-7853
909) 384-7855
arsellc@CTT.com
Buyer agrees to buy and Seller agrees to sell fifty-five (55) Net Acres of real property (Property) for the estimated
Purchase Price of $25,OOO/Net Acre or $ 1 ,375.000. Buyer and Seller to agree-upon the final Purchase Price which shall
be detenmined by a fonmal appraisal report prepared by a General Certified/MAl designated appraiser to be mutually
selected and agreed-upon by the Buyer and Seller. The Seller's real property of about seventy-three (73) acres from
which the Property will be selected can be identified by the APNs 0278-061-54,68,74,75 and 0278-201-30 to 34 and is
more specifically described in the Preliminary Title Reports listed in Section 4.1 and allached in Exhibit B.
Buyer and Seller agree to instruct the Escrow Holder as follows:
1.0 PURCHASE FUNDS: The funds for the purchase of the Property shall be provided by Buyer as follows:
40,000 Initial Deposit to be deposited upon acceptance of Contract by Seller.
1,335,000 Balance of Purchase Price to be deposited in available funds before Close of Escrow.
$ 1,375,000 Purchase Price.
2.0 ESCROW: This Contract contains the Escrow Instructions of Buyer and Seller to Escrow Holder. The General
Provisions of Escrow Holder are allached as Exhibit A and are incorporated herein by reference. The Escrow
Instructions in this Contract shall have priority over any conflicting instructions in the General Provisions of Escrow
Holder. The Time Limit Date for the General Provisions shall be December 31, 2003.
2.1 Buyer and Seller agree that the Escrow Holder and Title Company shall be Chicago Title Company.
2.2 Close of Escrow is the date on which the Grant Deed from Seller to Buyer and any other necessary documents
are recorded. The date of the Close of Escrow shall be on or before December 20. 2002.
2.3 If the contingencies of Section 7.1 have not been satisfied by December 20, 2002, the Buyer may extend the
Close of Escrow for one additional 360 day period (the "Extended Closing Period") with a unilateral wrillen
instruction to Escrow Holder (the "Extension Instruction") and an additional deposit of $ 60.000 (Extension
Deposit). The Extension Deposit will be credited to the sales price and will be deemed liquidated damages if
escrow fails to close due to Buyer's default.
3.0 FEASIBilITY REVIEW:
3.1 Feasibilitv Review Period. Buyer shall have until November 29. 2002 (the "Feasibility Review Period") to
analyze the feasibility of Buyer's development of the Property as determined by Buyer. Buyer and Seller
acknowledge that it is their intent to complete the items in Sections 3.2 to 3.6 during the Feasibility Review
Period. Buyer and Seller agree that it may be difficult for Buyer to complete its feasibility review prior to the end
of the Feasibility Review Period. Therefore, Buyer and Seller agree that they may mutually extend the Feasibility
Review Period to allow additional time for the completion of the items in Sections 3.2 to 3.6 and the related
feasibility review by Buyer.
3.2 Location Of ProDertv/Acreaae/Leaal DescriDtion. Within sixty (60) days of the Effective Date, Buyer shall
provide the Seller with the legal description and calculation of the Net Acres for the Property (Legal Description).
For this purpose, the Net Acres in the Property shall be the gross acreage less the unusable acreage within
existing easements and less the acreage within existing or proposed street right-of-ways. The Legal Description
shall be subject to the reasonable review and approval of Seller within thirty (30) days after the receipt of the
Legal Description. Seller shall deliver wrillen notice of any disapproval of the Legal Description to Buyer and
Escrow Holder on or before the end of the thirty (30) day period or the Legal Description shall be deemed
approved. The Legal Description for the Property shall be determined by an engineering finm acceptable to Buyer
HSBDElROSARDAPROPSPCFNl
Page (1/4)
and Seller. When the Buyer and Seller agree-upon the Legal Description for the Property, the Buyer shall
provide the Legal Description to the Escrow Holder and Title Company within ten (10) days.
3.3 Buver's Easements for Access and Imorovements. Buyer and Seller acknowledge that Buyer is purchasing a
portion of Seller's real property and that Buyer may require easements (the "Buyer's Easements") on portions of
the Seller's residual real property to provide street access and drainage, sewer and water facilities and dry
utilities. Within ninety (90) days of the Effective Date, Buyer shall provide the Seller with the legal description for
the Buyer's Easements for the Property. The legal description for the Buyer's Easements shall be subject to the
reasonable review and approval of Seller within thirty (30) days after the receipt of the legal description. Seller
shall deliver written notice of any disapproval of the legal description to Buyer and Escrow Holder on or before
the end of the thirty (30) day period or the legal description shall be deemed approved. The legal description for
the Buyer's Easements shall be determined by an engineering firm acceptable to Buyer and Seller. When the
Buyer and Seller agree-upon the legal description for the Buyer's Easements, the Buyer shall provide the legal
description to the Escrow Holder and Title Company within ten (10) days. The Buyer's Easements shall be
submitted for recording by Escrow Holder on Close Of Escrow.
3.4 Deliverv Of Seller Studies and Documents. Seller shall make its best efforts to provide Buyer with its existing
studies and documents relating to the Property within thirty (30) days of the Effective Date.
3.5 Studies. InvestiQatlons and Aoorovals. Buyer shall have until the termination of the Feasibility Review Period
to conduct such independent investigations, studies and tests and to obtain any and all government approvals as
it deems necessary or appropriate concerning the suitability of the Property for Buyer's intended purpose.
3.6 Entrv Onto Prooertv. Buyer shall have the right to enter onto the Property at reasonable times for the purpose
of conducting soils tests, inspecting the Property and performing engineering, environmental and surveying
studies. Buyer shall indemnify, defend and hold Seller harmless from any and all claims, actions, costs,
expenses, damages and liabilities relating to Buyer's entry onto the Property (including, but not limited to, claims
of mechanics liens) and from and against all costs, reasonable attomey's fees, expenses and liabilities incurred
in connection with such claims or any actions or proceedings.
3.7 Review Of Condition Of Title. Escrow Holder shall cause the delivery of a copy of the current Preliminary Title
Reports (the PTRs) to Buyer and Seller, which shall be attached hereto as Exhibit B, prepared by the Title
Company with respect to the Property containing those exceptions that the Title Company would specify in the
title policy (the "Schedule B Exceptions"), along with legible copies of the documents referred to in the Schedule
B Exceptions and a plat with the easements plotted. Buyer shall have until thirty (30) days after the receipt of the
PTRs (or supplements thereto) and related documents and plat to disapprove of any of the Schedule B
Exceptions. Buyer shall deliver written notice of such disapproval to Seller and Escrow Holder on or before the
end of the thirty (30) day period or all Schedule B Exceptions shall be deemed approved. Upon receipt of Buyer's
disapproval of any Schedule B Exceptions, Seller shall deliver to Escrow Holder and Buyer within thirty (30) days
a written response to Buyer's disapproval and specifically state what actions Seller plans to take to remove or
mitigate such exceptions. If the Seller plans to remove the disapproved exceptions, Seller shall remove such
Schedule B Exceptions on or before the Closing Date, or the Schedule B Exceptions shall be deemed
disapproved by the Buyer (unless such disapproval is waived by Buyer). If the Seller elects not to remove the
disapproved exceptions, the Schedule B Exceptions shall be deemed disapproved by the Buyer (unless such
disapproval is waived by Buyer). If the Schedule B Exceptions are deemed disapproved by the Buyer, then this
Agreement shall terminate and be of no further force or effect and the Buyer shall pay the Escrow cancellation
charges, if any. Thereafter, Seller shall be released from its obligations to sell the Property to Buyer and the
Buyer's Deposit and related interest earnings shall be retumed to Buyer and the applicable documents returned
to the parties that fumished them. All Schedule B Exceptions of the PTRs (or supplements thereto) which are
not disapproved by Buyer (or as to which Buyer has waived its disapproval) shall be deemed "Permitted
Exceptions". The Property shall be conveyed to Buyer in fee simple, free and clear of all mortgages, liens,
charges, encumbrances, encroachments, easements, conditions and other defects of title, except for the
Permitted Exceptions.
3.8 Aooroval or Disaooroval of Feasibilitv. If Buyer disapproves of the feasibility of acquiring the Property, then
Buyer shall deliver to Seller and Escrow Holder (prior to the termination of the Feasibility Review Period) written
notice of its disapproval ("Notice Of Disapproval"). If Buyer timely delivers the Notice Of Disapproval, then this
Agreement shall terminate and be of no further force or effect and the Buyer shall pay the Escrow cancellation
charges, if any. Thereafter, Seller shall be released from its obligations to sell the Property to Buyer and the
Buyer's Deposit and related interest earnings shall be returned to Buyer and the applicable documents retumed
to the parties that furnished them. If Buyer fails to deliver a Notice of Disapproval on or before the termination of
the Feasibility Review Period, all matters set forth in Section 3.0 shall be deemed approved.
HSBDELROSARDAPROPSPCFNl
Page (2/4)
4.0 PREUMINARY TITLE REPORT, TITLE INSURANCE, GRANT DEED AND RECORDATION:
4.1 Chicago Title has prepared the following PTRs and Escrow Holder shall cause Chicago Title to update the PTRs
within fifteen (15) days of receipt of the Legal Description as agreed-upon by the Buyer and Seller. The PTRs are
attached as Exhibit B.
Assessor Parcels
278-061-54,68,74
278-201-30,31,33
278-061-75
278-201-32,34
4.2 As a condition to the Close of Escrow, Escrow Holder shall be unconditionally committed to obtain from the Title
Company at Buyer's expense a CL TA Owners Policy-Standard Coverage (Title Policy) with a liability limit in the
amount of the Purchase Price and insuring fee title vested in the District or the Corporation free and clear of any
liens, encumbrances and interests except those Permitted Exceptions in Section 3.7.
4.3 Prior to the Close of Escrow, Seller shall execute, acknowledge and deliver to Escrow Holder a Grant Deed
conveying the Property to the Buyer. Seller acknowledges that several of the parcels may be owned by related
entities and that the Seller shall take the necessary actions and execute the appropriate documents so that all
parcels are conveyed directly from Seller to Buyer. The Seller agrees that the Buyer may, solely at its option,
designate that the title to the Property be vested in the District or the Corporation. Provided that all terms and
conditions of this Contract have been satisfied, Escrow Holder shall record the Grant Deed at the Close of
Escrow.
4.4 Buyer has provided Escrow Holder with an Acceptance of Grant Deed and Preliminary Change of Ownership
Report for attachment to the Grant Deed that are attached in Exhibits C and D. Escrow Holder is not responsible
for the contents of said Acceptance or Report.
4.5 Buyer and Seller shall deliver to Escrow Holder such other documents and/or instructions (signed and notarized,
as appropriate) as are necessary to comply with the terms of this Contract. Seller shall complete and deliver to
Escrow Holder the Certification of Non-Foreign Status.
4.6 On or before the date for the Close of Escrow, Escrow Holder shall use the funds provided by Buyer and shall
cause to be recorded the Grant Deed and any other applicable documents at such time as Escrow Holder can
obtain assurance of obtaining the Title Policy.
5,0 CLOSING COSTS AND ADJUSTMENTS:
5.1 Buyer agrees to pay all closing costs including: premium for title insurance policy, escrow fee, document
preparation fees and other fees as applicable and approved by Buyer.
5.2 Seller shall not have to pay any closing costs or fees in connection with this transaction.
5.3 Since the Buyer is a p~blic agemcy, the liransaolion .should be eJ4empt f.Qlm the payment of thel Documentary
Transfer Tax in accordance with Revenue and Taxation Code Section 11922 and County recording fees in
accordance with Government Code Section 6103. Escrow Holder shall mark the Grant Deed as exempt per R&T
Code Sec. 11922.
5.4 Escrow Holder shall prorate current real estate taxes between Buyer and Seller as of the Close of Escrow.
6.0 LIQUIDATED DAMAGES: IF ESCROW FAILS TO CLOSE DUE TO BUYER'S DEFAULT UNDER THIS AGREEMENT,
SELLER WILL BE DAMAGED AND WILL BE ENTITLED TO COMPENSATION FOR THOSE DAMAGES. HOWEVER,
SUCH DAMAGES WILL BE DIFFICULT AND IMPRACTICAL TO ASCERTAIN. IF ESCROW FAILS TO CLOSE DUE TO
BUYER'S DEFAULT UNDER THIS AGREEMENT, THE SUM REPRESENTED BY THE INITIAL DEPOSIT MADE
UNDER SECTION 1 AND THE EXTENSION DEPOSIT MADE UNDER SECTION 2.3 PLUS RELATED INTEREST
EARNINGS, IF ANY, SHALL BE DEEMED TO CONSTITUTE A REASONABLE ESTIMATE OF SELLER'S DAMAGES
AND SELLER'S SOLE AND EXCLUSIVE REMEDY.
.. SELLER'S INITIALS BUYER'S INITIALS
7.0 CONTINGENCIES: The Close of Escrow is subject to the completion of the following conditions:
7.1 Buyer's Contingencies:
a. Buyer shall have elected not to terminate the Contract pursuant to Section 3.8.
b. Approval of the acquisition of the Property and the proposed public school project by the Board of Education
of the San Bernardino City Unified School District.
c. Receipt of funds for the acquisition of the Property from the State of California.
8.0 ENTIRE CONTRACT: This Contract contains the entire understanding between the Buyer and Seller relating to the
transaction covered by this Contract. All prior or contemporaneous agreements, understandings, representations and
statements, whether direct or indirect, oral or written, are merged into and superseded by this Contract and shall be of
no further force or effect.
Title Report No.'s (PTRs)
12025813-K54
Date of PTR
November 5, 2001
12025814-K54
November 5, 2001
I 1111
HS8DELROSARDAPROPSPCFN1
Page (3/4)
1--
9.0 OFFER AND ACCEPTANCE: When signed by Buyer, this Contract shall be considered an offer to purchase the Property.
When signed by Buyer and Seller, this Contract shall be considered a binding agreement to purchase the Property
subject to the contingencies in Section 7.1. This Contract and any supplement or modification hereto, including any
photocopy or facsimile thereof, may be executed in two or more counterparts, all of which constitute one and the
same writing.
10. OTHER MATTERS: The following are matters to which the Escrow Holder shall not be concemed, responsible or liable.
10.1 "AS IS" Condition. Buyer is acquiring the Property in its "AS IS" condition and shall obtain all inspections and
reports outside of Escrow.
10.2 Fire/Hazard Insurance. Fire and hazard insurance are not a requirement of this Escrow and Buyer will obtain
such insurance as necessary outside of Escrow.
10.3 Brokeraoe Commission. Buyer and Seller acknowledge that no broker's commission, finder's fee or other
compensation is payable with regard to the transaction covered by this Contract.
The parties hereto have caused this Contract to be executed as of the day and year first above written.
SELLER:
BUYER:
Redevelopment Agency of the City of San Bernardino.
a public agency corporate and politic of the State of California
SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT,
a political subdivision of the State of Califomia
By:
GARY VAN OSDEL
By:
DAVID S. BAIL
Its: Agency Secretary
Its: Assistant Suoerintendent-Business Services
HS8DELROSARDAPROPSPCFN1
Page (4/4)
, : a 11~~r
"""--~!..-..' . "....Hm U " B';:'~~~" .J~., $ L
' ..~. .: ,..t. iJ ~ "" f ~ '-
I ... ~i '. T\! I /
..,....,. ,~!' ~ ,'.., r V
.. ... ''"'~."
II - ,90", -- ". - . -'...--. ;j l. " 15 '" PROJECT
;~l'-- :f_-;)j".! ..'r-.~~~~~.~~:.- 'o.m;;.'~,~.~: , _^.JLOCA~N~
\--1'..,.",.+,.111.. ...1,',. '. I.,:.J<"'-:-::~,,~ _ ~ ~
~~IL:: \:.~.lJUE .-i.. "'. .._,;,....~._./..~I./ ,1~!!!. .~ '. ...J
.-- .....: :";i~' i!!..~4.",...::. _ ... ~ ~
,',n.r"" '~"'" c""'~'.. 0 .. ~ J :r" / .., " '" . .
. ~ ' .-.-, '......~""',..' ~ ! """ .~r"'L
-., . ',,,,,,, ,= '- '..p. --. . '- n I 'e--
Ii;.~ "(';"" ~~;'S-~"" I."tit, "').1 ' "1 .r I',!<t=~>'~l\] ~: .it'=1j
, "X,'. ~ C <' /I'-!I:::'~l... IL ~I 1':111 '->-,. "l. l, I..".,~:j;~
~t.~~\' a.-"!Jiii "I" ,. . .. --1M' _Oil, ",~" ,,"""1'''!!,n''I',;
:- ....... l! :';~I'_"""Z'~:~::1 I.'i~. 6.:t: "" . .~1136 11~~. '~Dn;."'.;.IIi. '-_ liJ.':'.';;ID.';-:'I'. \.!:.....;..
Dn ;.tn .' -., .c",. 11 ;., ", ---""".f'1. l!Ll,~~'h~ol'lJ! '"1;';~::ii-L;n!
"", '0., ",.v .. " '. '_ -J. "', RD'''-'' ''''''';'''f1'-.
o .. '~,I. VI o..~, ''''. "f .MO--. c/- ,--....-.IN -- ;p',,,-<.:...n " - ',I . ;~:::;:';':LL;_j'fS'_1
' ~ -,," '. i ' n . ", oT ,~ .~.~_ " v," 'I"
a , ,. 0 " '... . ~ ..u'"""_, 'R'.'cT~.,. , 'II
~ ,,"'" ~ " , " .- .~ I I' , -J . ,~,h~,-"" v "n
mi' V../~ i :\ "- ~-, ,~~: -'0 ~ ~F-~" 1 Toal"",; H~lem S\'lrings,1 J'
:.!' dJ,. PI- '-'" " I ~ ~"ao--i..., ~~. '';:=''/ 'r "._. .. "L~'j}~. j: . ~~
:~~ 9: I ' fi~ I 8M BA -" "-;:,. -, - -\l~u",., r/t: "".... !
''Or- = ...;?= . \l~BA .!L } lIB r-- ~o' . ,109>,,' 'P.f;ll'- '-Y,"o~r'1FSi1: I ;j fa' !\ii \. I ::' :iu'rj
L 8M 10.. "'A8EH >'~I-Ia. : ..--1' 'i" ''1 J ' ' .,:r-'-" .1:~ ' 'J~,;! _J
-j .. . .~rl ,/ i;' --fi 'cl~,.~_\I!_"-" - I!~!'-'i ~il '~ --1: "Rni< I~LAnk,~"m Pr ;i
S~~. ~,-=.+" 'f;.,.>. ',-' I r '. ._~ ~ ,,",, c "I 'I
~I--- -' " . ...>~,-- ( ':;j ~";:,,,.': ,~. fh i '~ 'rr'~ 1+ ~_'=<-.
- '" - _n --.' '?'r.: " r ' I" .~~ "'11." I. ~ i; l[:-;;:,! ,1_.JiJ '(~ .~:
' ,.- ,0 ,-" ...,-, , ",' .~. "-'~-f"l'''~ .,
""~ '- :,,',,':$-' :, , ' "', ",~ ,,---; '""" :I I Jw"i" "
~.. . ~rrr"~;:.-"< 'T. : I ',' ~_- ~~ I: I, ' en ~ 1 ~:II'!2l'-: (...... ~. on. -::i,'
---,', "'" ,I ,- H I 1--- ',', " '.,. i
' . .'1' . I' . ~, , , ~ _ . ., . ,., ., '
- ". .c." ".:',1'.' \ ; Ii ;' "/' ~ ~ 'i ~ -- 'm_ \i ~:Il :[_"--; :ii"1 ' ",
. ...,' , /_L~..., '. ' '~ij.. ~ II \ r Iii ~ ~'L.-4 ili,... ....:~'.T :
. '---":" :' ~ m, ~ W 11) i:J! 6TH '~'D":iU',,"""".'\!
'" I"""hoof PROJECT i '-'...~." 1i/.~' m <<;':~o~ ~-. ~-;:, :::'1(~~'1!;';: ~I b\ ~_ :'
'. //;," '1lG.l' fj{":'" ATION' I .,~ , - - - -- .. .E' . ;~.~ ' ".!r'--/'
-- , ..'", ,- we "', ~c_'.' . ' , ," ,__,~ ',_, ,
.: p." ::!II. '.' M 1068 : , ;:, '. ,,:! _,~>TH __~: . ~K1L1~~~~
C+'~'. '" . -,-, ,~, , \ ""0:," "-~~~ ",' -' " ' c':' ,-;-"
I: '. st' I. . '0" "--'." ..... '../' City' ,...1.,,"""..,,_.....'..
Vi'i '-, ,-' '~~A'-lU' ""'""..;., _ =V, _,
..,...."..Dn..-.........,....~.... "\., \,...."e..._.~... '"...'..."'''...........~''"'' . SANRFRNARO"", ,',
." ..-..- .~' '-<:f'~' , ' '. ." "7T.o., "" ,
., t\M ,": : \ '~'. ,..-:.4/ +, '~=1d.'..=t....4,/.,y.\ . . . FIGURE 1
"..c ~.. /h>>lf..' ".,
i041 , . \ i"'l.l .. ',;; iot:.F. ,- I ,. '. .
.
.J>~\'-l,........:"...!'lIJJ1......... '1-:
-'''''.''
Ii
~ ',:7".;,
~
~'~t
~ f~
~/.J 3~':",
- 38~.f
lJ:"
tl
~:-
247
.~~~
..-......
.1"'
~ ", .
-: "'h
',-. !
'"
..
,
i'
t
~,
:..,
F
LSA
~
.
.
nET N MTN CA.
SOURCE: USGS 7.5' QUAD, HARRISO .
I:\SBUl32\Localion.cdr (1112610))
1000
2000
New High School
Location Map
~
I
-.-1
I
I
-;
I
I
I
.-
~
L _..
_.
~
~
..
....,..
- I
..'
.,. ~ I "..,..
,.' , .~ -- I
1" - -.r; ~, rn~1 ,H'ci'GI!
o ,.." ffi, - ':, '[F.{j\ I tJ I
1- - ~, 'O~fm i
. -~ O~:Lfb i
: U.: ; j~C] L...li." !
o . EO! 0.."... I
I ,'€'..: .. cs
lJ ._.1._. mi~cr//....
.-.-.- , '" oll V
j'- O\i !~ ....:'l,. ,I
= ~ ir; II. _ =:1; .
' '" "'... '" = = 3 I
1 ~~~=~~3.
! !.;;;;~JJ II ' :
I ,-- \._._
I ._.~.
-.-
'-' ~._'_._._._~~~~~ STREET ..
'-'" . 'm-'-'ii>~'ir
.. -,-:..." :.r:;.. '~"~~T'. it~1
"'-'-'" I,:,,!' I I r r \.i:.--l 1ii1."'tt~1
i,'1 -~V ~ \ I l~~~~ I
u ~ ,,"...-1, I ~"'I".!."I I
j ~'"L r:':: s~ ...."1-3 _, I~'!.~ I
IIJ h"\ 'JI .. :~II
'1@ll1.,,-,. ~ I
I I \ .~ ., I
i ,L ---'-=~~~f1 ':;-
, . =5'-' - ~.JS1 ._
I rF:::-T- r::) frw;.il~ I~'
. 'i:::t'. l,j rl I 1!.:.J I
! ~""): ".iJljiLo W,
I I I .~ r-1 D , 0,
. !:... - ~- - L.._ _ '" _ _ ;& "I' !
I ===~$~ ,
' . ~a!!!~iil I I
I ==l==m, ,
~g~~~~.:.1 I
= -...... - .
. e = ~ i: g.
- == ~ == c5 == ill !
a I == == 9 == ~ a, ,
;;; == re =~I I
. == = - I. '" ,
'J n"Ul~lI'. I
""'- I
,'_.
I
I p-
o
I
I
.- - .- J .- '-'
- I
, .-.
I : . -
0 - ,
I ,
""
l"-l
1:>::
~
"
-
l<.
<
(/)
....J
$
'0 d
c ~
~ ~
"".'" ~
;:IoI en
:t:
e
~
..
:>
~
p..
"
u
d
o
o
~
S
-
~
.
, ~
';;:
I.ll
"' 'I ~
.... ~
< -
u . ::>
'" I '"
o I ~
:z I _
SECTION 33433 SUMMARY REPORT DATED DECEMBER 21, 2001
PURSUANT TO HEALTH AND SAFETY CODE OF THE
CALIFORNIA COMMUNITY REDEVELOPMENT LAW ON
A PURCHASE CONTRACT BY AND BETWEEN THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") AND
THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT ("DISTRICT") RELATED TO
THE SALE OF CERTAIN NINE VACANT PARCELS GENERALLY LOCATED AT 9TH AND
DEL ROSA (AP#278-061-54, 68, 74, & 75; 278-201-30,31,32,33 AND 34) (the "SITE")
INTRODUCTION
This Summary Report has been prepared pursuant to Section 33433 of the California Health and Safety
Code. This report sets forth certain details of the proposed Purchase Contract ("Agreement") between the
Agency and District pertaining to the Site.
This report is organized into the following seven sections:
A. Salient Points of the Prooosed Al!reement: This section includes a description of the
project and the major responsibilities to be assumed by the Agency and the District.
B. Cost of the Al!reement to the Al!encv: This section outlines the total and net costs of the
proposed Agreement to the Agency.
C. Estimated Value of the Interests to be Conveved determined at the HIl!hest Use
Permitted Under the Redevelooment Plan: This section summarizes the value of the Site
to be conveyed to the District at the highest use permitted.
D. Estimated Reuse Value of the Interests to be Conveved Determined Based on the
Reaulred Use and with the Conditions. Covenants and Develooment Costs Reaulred bv
the Prooosed Al!reement: This section summarizes the value ofthe Site determined at the
use required by the proposed Agreement, recognizing the impact of the proposed
Agreement's terms and conditions, if any.
E. Consideration Received and Comoarison with the Fair Reuse Value: This section
describes the compensation to be received by the Agency, and the reasons for any difference
between the compensation and the fair reuse value, if applicable.
F. Blil!ht Alleviation: This section describes the existing blighting conditions on the Site, and
an explanation of how the proposed Agreement will assist in alleviating the blighting
conditions.
G. Conformance with the AB 1290 Imolementation Plan: This section identifies how the
proposed Agreement will result in a development that fulfills goals and objectives established
in the Agency's AB 1290 Five Year Implementation Plan.
I. SALIENT POINTS OF THE PROPOSED AGREEMENT
A. Description of the Proposed Project
The purpose of the proposed Agreement is to effectuate the sale of the Site from the Agency to the
District for development ofa high school within the vicinity of the 9th and Del Rosa Area, Tri-City
I
Redevelopment Project Area. The Site was acquired by the Agency in 1990, using the Agency's
Low/Moderate Income Housing fund, in order to develop an affordable housing project consistent with
Redevelopment Law. However, after several years of attempting to market the Site for residential
purposes, to no success, the District and the Agency have determined that the most suitable and logical
use of the Site, given its size and location, is development ofa high school in order to fulfill the District's
school facility deficiencies.
B. Al!encv ResDonsibilities
To sell the Site to the District in an AS IS CONDITION and at fair market value subject to
the provisions ofthe Agreement.
C. District ResDonsibilities
To purchase the Site from the Agency in an AS IS CONDITION and, at fair market value
subject to the provisions of the Agreement.
II. COST OF THE AGREEMENT TO THE AGENCY
The cost incurred by the Agency to purchase the Site as per CDC Resolution 2000-13 is $2,416,437. The
current debt balance as of the date of this report is $2,339,000.
The District is obligated to purchase a portion of the Site from the Agency at FAIR MARKET VALUE.
Assuming the Agency sells, and the District purchases 55 net usable acres within the 73 acre Site, the
value is not less than $1,375,000. The AS IS VALUE for the entire 73 Acre Site is $1,913,000, as
determined by an appraisal dated September 2000, prepared by Mr. James Smothers, MAl; or between
.58 to .62 cents for square foot of land. The Site is comprised of over 3 million square feet. Pursuant to
the Agreement the parties have agreed to obtain a current appraisal selected and agreed upon by Agency
and District, if necessary.
III. ESTIMATED VALUE OF THE INTERESTS TO BE CONVEYED DETERMINED AS
THE HIGHEST USE PERMITTED UNDER THE REDEVELOPMENT PLAN
The estimated fair market value of the interest to be conveyed, determined at the highest uses permitted,
is not less than one million three hundred seventy five thousand ($1,375,000), for 55 net usable acres
within the Site. This value is supported by an appraisal report prepared by James Smothers, MAl, dated
September 2000.
IV. ESTIMATED REUSE VALUE OF THE INTERESTS TO BE CONVEYED
DETERMINED BASED ON THE REQUIRED USE AND WITH THE CONDITIONS,
COVENANTS AND DEVELOPMENT COSTS REQUIRED BY THE PROPOSED
AGREEMENT
The Site will be conveyed to the District for the highest use value permitted.
V. CONSIDERATION RECEIVED AND COMPARISON WITH THE FAIR REUSE VALUE
As noted above, the Site is being conveyed to the District at its highest use value.
2
VI. BLIGHT ALLEVIATION
The sale of a portion of the Site to the District will provide for the development of an
underutilized parcel of land that has sat vacant for over a decade and will provide for sorely
needed educational facilities for student residing within the City of San Bernardino.
VII. CONFORMANCE WITH THE AB 1290 IMPLEMENTATION PLAN
The Five-Year Implementation Plan adopted by the Agency contains several broad operational
goals and objectives. Among the goals and objectives that are applicable to the Agreement are:
. Creative implementation of catalyst projects which spur reinvestment on surrounding blocks.
. Land acquisition and disposition for the creation of public facilities, which serve both the
immediate neighborhood and the community at large.
. Infrastructure improvements to existing water and sewer lines, streets, sidewalks, parkways and
lighting in the public right-of-way.
. Continued participation in the enhancement of the public infrastructure system.
Based upon the preceding factors, the proposed Agreement is consistent with the adopted
Agency Five-Year Implementation Plan.
The execution of the Agreement is subject to the closure ofa public hearing with a majority
approval voted by the Agency. The execution by the District is subject to the approval of
the Agreement and applicable provisions of the California Education Code.
"
3
1
~(Q)\?'V
RESOLUTION NO:;.CDC/2002-6
2
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION
APPROVING AND AUTHORIZING THE REDEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO ("AGENCY") TO SELL ELEVEN
(11) VACANT PARCELS ON 20TH STREET BETWEEN ARDEN AND
GUTHRIE STREETS (2241, 2251, 2261, 2271, 2291, 2311, 2321, 2331, 2371,
2381 AND 2391 20th STREETS) (THE "PROPERTIES") TO THE SAN
BERNARDINO CITY UNIFIED SCHOOL DISTRICT (THE "DISTRICT")
PURSUANT TO A PURCHASE CONTRACT AND MAKING CERTAIN
FINDINGS WITH RESPECT TO SAID SALE BY THE AGENCY AND THE
REPAYMENT OF AGENCY LOW/MOD HOUSING FUNDS.
3
4
5
6
7
8
9
10
WHEREAS, the Agency purchased the following properties located at: 2251, 2331,
2291,2371,2241,2271,2321 E. 20th with the intent to restore the existing rental housing
11
12
inventory situated on the parcels ( the "Properties"), and said purchase was accomplished
13
using the Agency's Low and Moderate Income Housing fund (Housing Fund) in the
14
amount of $402,544.
15
16
( the "Fund") (Said costs includes relocation, demolition and ancillary costs associated
.
17
with the property acquisition), and as a result of the general plan land use changes imposed
18
upon the Properties by the City of San Bernardino on March 2, 1999, the Agency is no
19
longer able to utilize or develop the Properties for the original intended use, and as such the
20
Agency desires to sell the Properties at the AS IS fair market value to the San Bernardino
21
22
City Unified School District ("District") and to enable the Agency to repay the Housing
23
Fund ($111,000), and to facilitate the development of an Elementary School ("Emmerton
24
11 or Elementary School No. 47"), which said development is being prompted by the
25
increases in student enrollment, and said development is compatible with the current City
26
27
land uses, (public commercial recreation (PCR); and
28
1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
WHEREAS, the Agency expended a total of $88,035 from its Community
Development Block Grant Program (CDBG) to purchase and demolish the following
properties: 2391, 2261, 2381, 2311 E. 20th Streets, (the "Parcels") and the sale of the
Parcels by the Agency to the District, will enable to the Agency to replenish a portion of
the funds expended for this purposes ($72,000); and
WHEREAS, on December 17, 200 I, the Properties and Parcels were appraised by
an independent MAl Appraiser, (the "Appraisal"), and said Appraiser determined that the
value of the Properties and Parcels is $16,000 each for properties located at 2241,
2251,2261,2271,2311,2321,2331,2381 E.20th Streets, and $17,000, for the property located
at 2291 E. 20th Street, and 2311 and 2391 E. 20th Street for $19,000 each, for a total "as is"
market value of $183,000 (the "Market Value"), and pursuant to the Purchase ("Contract")
by and between the Agency and the District, the Agency shall sell and the District shall
purchase the Properties and the Parcels at the AS IS Market Value set for in the December
17, 200 I Appraisal; and
NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION ACTING
ON BEHALF OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN
BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. The Properties were originally acquired by the Agency for affordable rental
housing purposes, and the Agency used and applied the sum of $402,544 from its Low and
Moderate Income Housing Fund to acquire the Properties which are hereby sold to the San
Bernardino City Unified School District (the "District"), subject to the terms and conditions of
the Agreement by and between the Agency and the District. Since the time of acquisition of the
Properties, the Agency has also incurred certain other expenses in connection with the originally
2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
planned redevelopment and reuse of the Properties for affordable rental housing purposes,
including the payment of relocation costs, property maintenance, security costs, asbestos
abatement and demolition costs for the unsafe and dilapidated structures thereon. Subsequent to
the original acquisition of the Properties by the Agency, the Agency determined that the
redevelopment ofthe Properties for affordable rental housing was no longer feasible in light of
the fact that the Properties are no longer zoned for residential purposes and do not conform to the
City's general plan land uses, and in light of the Arden Guthrie neighborhood in which the
Properties are situated was and continues to be so substantially afflicted with symptoms of
physical and social blight that the health and safety of the remaining residents of the Arden
Guthrie neighborhood will be benefited by the transfer and sale of the Properties at the current
"as is" fair market value of the such Properties to the District for use and improvement as a
public school site. The Agency hereby finds and determines that the disposition of the Properties
to the District, for the "as is" fair market value, is an authorized use of the Low and Moderate
Income Funds of the Agency as invested in the Properties, as set forth in this section, and under
Health and Safety Code Section 33334.2 (e) (2) (B). The proceeds of the sale of the Properties to
the District, less the costs of sale payable by the Agency under the Agreement, and any other
associated and reasonable costs incurred by the Agency for retaining or disposing of said
Properties, shall be deposited to the Agency's Low and Moderate Income Housing Fund
($111,000).
Section 2. Upon sale ofthe Parcels by the Agency to the District in accordance with the
Agreement, the Agency shall deposit said funds into the program income category of the CDBG
Program ($72,000).
3
1
The Community Development Commission hereby finds and determines
Section 3.
2
that no further environmental review of the disposition and redevelopment of the Properties
3
pursuant to the Agreement is necessary at this time under the California Environmental Quality
4
5
Act (CEQA) in light ofthe following: On January 8, the Planning Commission of the City of San
6
Bernardino, found and determined that the development by the District of Elementary School
7
#47 on the Properties (together with adjacent land to be acquired by the District from other
8
parties) is consistent with the General Plan and current zoning regulations of the City's
9
10
applicable to the elementary school site and the Properties. The District is the "lead Agency", as
11
defined under the California Environmental Quality Act (CEQA), pursuant to Government Code
12
Section 65402 for the acquisition and redevelopment of the Properties and the development of
.
13
the Elementary Schpol No.47 and the disposition of the Properties by the Agency to the District
14
shall be subject to all of the development mitigation measures as required for Elementary School
15
16
No. 47 under CEQA.
17
Section 4.
The Commission hereby approves, receives and files the 33433 Summary
18
Report and the Agreement in the form as submitted at this joint public hearing.
19
Section 5.
The Commission hereby approves the disposition of the Properties to the
20
District, subject to the terms and conditions of the Agreement. The Chair of the Commission,
21
22
and or the Executive Director are hereby and directed to execute the Agreement on behalf of the
23
Agency together with technical and conforming changes as may be recommended by the
24
Executive Director and approved by Agency counsel. The signatures ofthe Chair of the
25
Commission and or the Executive Director on the Agreement shall provide conclusive evidence
26
27
that the Agreement has taken effect. In the event that the Agreement may not be fully executed
28
by the parties for any reason within sixty (60) days following the date of adoption of this
4
1
2
3
4
5
6
7
8
9
Resolution, the authorization granted to the chair of the Commission or the Executive Director
shall be of no further force or effect.
Section 6. Provided that the Agreement has been fully executed by the parties within
the period of time set forth in Section 5, above ofthis Resolution, the Executive Director of the
Agency is hereby authorized and directed to take all actions set forth in the Agreement on behalf
of the Agency to close the escrow transaction described herein. The Chair of the Commission
and or the Executive Director are further authorized and directed to execute an acknowledgemen
of acceptance of transfer of title of any of the properties subject to the Agreement from the City
of San Bernardino pursuant to the Resolution of the Mayor and Common Council of even date
herewith, and to execute the final form of the Agency Grant Deed transferring title to the
Properties from the Agency to the District upon satisfaction of the applicable conditions for the
close of the escrow set forth in the Agreement.
.
10
11
12
13
14
15
16
17
IIII
IIII
18 IIII
19 IIII
20
IIII
21
22 IIII
23 IIII
24 1///
25
IIII
26
IIII
27
28 IIII
5
1
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION
APPROVING AND AUTHORIZING THE REDEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO ("AGENCY") TO SELL ELEVEN
(11) VACANT PARCELS ON 20TH STREET BETWEEN ARDEN AND
GUTHRIE STREETS (2241, 2251, 2261, 2271, 2291, 2311, 2321, 2331, 2371,
2381 AND 2391 20th STREETS) (THE "PROPERTIES") TO THE SAN
BERNARDINO CITY UNIFIED SCHOOL DISTRICT (THE "DISTRICT")
PURSUANT TO A PURCHASE CONTRACT AND MAKING CERTAIN
FINDINGS WITH RESPECT TO SAID SALE BY THE AGENCY AND
THE REPAYMENT OF AGENCY LOW/MOD HOUSING FUNDS.
2
3
4
5
6
7
8
I HEREBY CERTIFY that the foregoing resolution was duly adopted by Community
9
Development Commission of the City of San Bernardino at a Joint Regular
meeting
10
thereof, held on the 22nd
, 2002 by the following vote,
day of Januarv
11
to wit:
12
COMMISSION MEMBERS: AYES
NAYS
ABSTAIN
ABSENT
13
14
ESTRADA x
LIEN x
MCGINNIS x
SCHNETZ x
SUAREZ x
ANDERSON x
MC CAMMACK x
15
16
17
18
19
20
21
Secretary
22
The foregoing resolution is hereby approved this
,2002.
day of
23
24
25
Judith Valles, Chairperson
Community Development Commission
26
Approved as to form and Legal Content:
27
28
By:
Agency Counsel
6
~ r--w
~~,
"
1
RESOLUTION NO: 2002-32
2
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO (1) ACKNOWLEDGING RECEIPT OF A 33433
SUMMARY REPORT RELATING TO THE SALE OF ELEVEN (11) VACANT
PROPERTIES ON 20TH STREET AS DESCRIBED IN MOTION C AND (2)
AUTHORIZING AND CONSENTING TO THE SALE OF THE PROPERTIES
BY THE AGENCY TO THE DISTRICT.
3
4
5
6
7
WHEREAS, the Agency purchased the following properties located at: 2251, 2331,
2291,2371,2241,2271,2321 E.20th with the intent to restore the existing rental housing
8
9
10
inventory situated on the parcels ( the "Properties"), and said purchase was accomplished
11
using the Agency's Low and Moderate Income Housing fund (Housing Fund) in the
12
amount of $402,544.
13
( the "Fund") (Said costs includes relocation, demolition and ancillary costs associated
14
with the property acquisition), and as a result of the general plan land use changes imposed
15
16
upon the Properties by the City of San Bernardino on March 2, 1999, the Agency is no
17
longer able to utilize or develop the Properties for the original intended use, and as such the
18
Agency desires to sell the Properties at the AS IS fair market value to the San Bernardino
19
City Unified School District ("District"), and to enable Agency to repay the Housing Fund
20
($111,000), and to facilitate the development of an Elementary School ("Emmerton II or
21
22
Elementary School No. 47"), which said development is being prompted by the increases
23
in student enrollment, and said development is compatible with the current City land uses,
24
(public commercial recreation (PCR); and
25
WHEREAS, the Agency expended a total of $88,035 from its Community
26
27
Development Block Grant Program (CDBG) to purchase and demolish the following
28
properties: 2391, 2261, 2381, 2311 E. 20th Streets, (the "Parcels") and the sale of the
1
1
2
3
Parcels by the Agency to the District, will enable to the Agency to replenish a portion of
the funds expended for this purposes ($72,000); and
WHEREAS, on December 17,2001, the Properties and Parcels were appraised by
an independent MAl Appraiser, (the "Appraisal"), and said Appraiser determined that the
value of the Properties and Parcels is $ I 6,000 each for properties located at 2241, 225 I,
2261,2271,2311,2321,2331,2381 E.20'h Streets, and $17,000, for the property located at
229 I E. 20th Street, and 2311 and 239 I E. 20th Street for $19,000 each, for a total "as is"
market value of $183,000 (the "Market Value"), and pursuant to the Purchase ("Contract")
by and between the Agency and the District, the Agency shall sell and the District shall
purchase the Properties and the Parcels at the AS IS Market Value set for in the December
17,2001 Appraisal; and
NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO DO HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. The Properties were originally acquired by the Agency for affordable rental
housing purposes, and the Agency used and applied the sum of $402,544 from its Low and
Moderate Income Housing Fund to acquire the Properties which are hereby sold to the San
Bernardino City Unified School District (the "District"), subject to the terms and conditions of
the Agreement by and between the Agency and the District. Since the time of acquisition of the
Properties, the Agency has also incurred certain other expenses in connection with the originally
planned redevelopment and reuse of the Properties for affordable rental housing purposes,
including the payment of relocation costs, property maintenance, security costs, asbestos
abatement and demolition costs for the unsafe and dilapidated structures thereon. Subsequent to
the original acquisition of the Properties by the Agency, the Agency determined that the
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
~
redevelopment of the Properties for affordable rental housing was no longer feasible in light of
2
the fact that the Properties are no longer zoned for residential purposes and do not conform to the
3
City's general plan land uses, and in light of the Arden Guthrie neighborhood in which the
4
5
Properties are situated was and continues to be so substantially afflicted with symptoms of
6
physical and social blight that the health and safety of the remaining residents of the Arden
7
Guthrie neighborhood will be benefited by the transfer and sale of the Properties at the current
8
"as is" fair market value of the such Properties to the District for use and improvement as a
9
~o
public school site.
11
Section 2.
The Mayor and Common Council hereby finds and determines that no
~2 further environmental review of the disposition and redevelopment of the Properties pursuant to
.
13
the Agreement bet~een the Agency and District is necessary at this time under the California
14
Environmental Quality Act (CEQA) in light of the following: On January 8, the Planning
~5
~6
Commission of the City of San Bernardino, found and determined that the development by the
17
District of Elementary School #47 on the Properties (together with adjacent land to be acquired
~8
by the District from other parties) is consistent with the General Plan and current zoning
~9
regulations of the City's applicable to the elementary school site and the Properties. The
20
District is the "lead Agency", as defined under the California Environmental Quality Act
2~
22
(CEQA), pursuant to Government Code Section 65402 for the acquisition and redevelopment of
23
the Properties and the development of the Elementary School No.47 and the disposition of the
24
Properties by the Agency to the District shall be subject to all of the development mitigation
25
measures as required for Elementary School No.47 under CEQA.
26
Section 3.
The Mayor and Common Council hereby approves, receives and files the
27
28
33433 Summary Report and the Agreement in the form as submitted at this joint public hearing.
3
1
2
3
4
Section 4. The Mayor and Common Council hereby approves the disposition of the
Properties to the District by the Agency, subject to the terms and conditions of the Agreement.
Section 5. Subject to the satisfaction by the District and the Agency of the conditions
set forth in the Agreement, the Mayor and the City Clerk are hereby authorized and directed to
execute the appropriate form of quitclaim deed which transfers all of the right, title and interest
of the City in the Parcels or Properties to the Agency concurrently upon, or prior to the close of
5
6
7
8
escrow transaction, as necessary.
9
IIII
10
11 IIII
l2 IIII
13 1//1
14
IIII
15
IIII
16
17 IIII
18 IIII
19 IIII
20
IIII
21
22 1//1
23 1//1
24 IIII
25
IIII
26
IIII
27
28 1111
4
3
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO (1) ACKNOWLEDGING RECEIPT OF A
33433 SUMMARY REPORT RELATING TO THE SALE OF ELEVEN (11)
VACANT PROPERTIES ON 20TH STREET AS DESCRIBED IN MOTION
C AND (2) AUTHORIZING AND CONSENTING TO THE SALE OF THE
PROPERTIES BY THE AGENCY TO THE DISTRICT.
1
2
4
5
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
Joint Regular
Common Council of the City of San Bernardino at a meeting thereof, held on the
6
7
22nd day of January , 2002, by the following vote to wit:
B
9 Council Members: Aves Navs Abstain Absent
10 ESTRADA ...1L-
11 LIEN x
-
12 MCGINNIS x
SCHNETZ ----1L
13
SUAREZ ...1L-
14
ANDERSON X
15
MC CAMMACK X
16
17
Rachel G. Clark
18
19
The foregoing resolution is hereby approved this
day of
,2002.
20
Judith Valles, Mayor
City of San Bernardino
21
22
Approved as to form and Legal Content:
23
By:
City Attorney
24
25
26
27
28
5
REAL ESTATE PURCHASE CONTRACT
AND ESCROW INSTRUCTIONS
ELEVEN VACANT LAND PARCELS
SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT
AND
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
..
5-2285577
77 North F Street
an Bernardino, CA 92410
(909) 381-1238
909) 885-4218
Email: MichaeI.Perez@sbcusd.k12.ca.us
Redevelopment Agency of the City of
an Bernardino
ary Van Osdel and Maggie
Pacheco
5-3669891
01 North E Street
uite 301
San Bernardino, CA 92401-1507
ESCROW COMPANY
hicago Title Company
indy Parsell
60 East Hospitality Lane
an Bernardino, CA 92418
(909) 663-1044
(909) 888-9413
(909) 384-7853
(909) 384-7855
parsellc@CTT.com
mpacheco@sbrda.org
Buyer agrees to buy and Seller agrees to sell the Property identified in the table below for the estimated Purchase Price of
$ 179.000. Buyer and Seller to agree-upon the final Purchase Price which shall be determined by a formal appraisal
report prepared by a General Certified/MAl designated appraiser to be mutually selected and agreed-upon by the Buyer
and Seller.
Property Address
241 E 20th Street
251 E 20th Street
261 E 20th Street
271 E 20th Street
291 E 20th Street
311 E 20th Street
321 E 20th Street
331 E 20th Street
371 E 20th Street
381 E 20th Street
391 E 20th Street
Total
Assessor Parcel
0285-502-05
0285-502-06
0285-502-07
0285-502-08
0285-502-10
0285-553-01
0285-553-02
0285-553-03
0285-553-07
0285-553-08
0285-553-09
Purchase Price ($)
16,000
16,000
16,000
16,000
17,000
17,000
16,000
16,000
16,000
16,000
17,000
179,000
Buyer and Seller agree to instruct the Escrow Holder as follows:
1. PURCHASE FUNDS: The funds for the purchase of the Property shall be provided by Buyer as follows:
18,000 Initial Deposit to be deposited upon acceptance of Contract by Seller.
161,000 Balance of Purchase Price to be deposited in available funds before Close of Escrow.
$ 179,000 Purchase Price.
2. ESCROW: This Contract contains the Escrow Instructions of Buyer and Seller to Escrow Holder. The General
Provisions of Escrow Holder are attached as Exhibit A and are incorporated herein by reference. The Escrow
Instructions in this Contract shall have priority over any conflicting instructions in the General Provisions of Escrow
Holder. The Time Limit Date for the General Provisions shall be October 31,2003.
2.1 Buyer and Seller agree that the Escrow Holder and Title Company shall be Chicago Title Company.
2.2 Close of Escrow is the date on which the Grant Deed from Seller to Buyer and any other necessary documents
are recorded. The date of the Close of Escrow shall be on or before SeDtember 30. 2002.
2.3 If the contingencies of Section 6.1 have not been satisfied by September 30, 2002, the Buyer may extend the
Close of Escrow for one additional 360 day period (the "Extended Closing Period") with a unilateral written
instruction to Escrow Holder (the "Extension Instruction") and an additional deposit of $10,000 (Extension
Deposit). The Extension Deposit will be credited to the sales price and will be deemed liquidated damages if
escrow fails to close due to Buyer's default. .
EMM2RDAPROPSPCFN2
Page (1/1)
3. PREUMINARY TITLE REPORT, TITLE INSURANCE, GRANT DEED AND RECORDATION:
3.1 Buyer has reviewed the Chicago Title Preliminary Title Reports (PTRs) and approves the Title Policy to be issued
per Section 3.2 to include the legal descriptions and the approved Schedule B Exceptions No.'s of the PTRs in
the table below. The PTRs are attached as Exhibit B.
Assessor Parcels Title Report No.'s (PTRs)
285-502-06,07,10
285-553-01,03,07,08 12025794-K54
285-502-05,08
285-553-02
285-553-09 12025798-K54 November 1, 2001 Item No.'s 3, 4
3.2 As a condition to the Close of Escrow, Escrow Holder shall be unconditionally committed to obtain from the Title
Company at Buye~s expense a CL TA Owners Policy-Standard Coverage (Title Policy) with a liability limit in the
amount of the Purchase Price and insuring fee title vested in the District or the Corporation free and clear of any
liens, encumbrances and interests except those Schedule B Items approved in Section 3.1.
3.3 Prior to the Close of Escrow, Seller shall execute, acknowledge and deliver to Escrow Holder a Grant Deed
conveying the Property to the Buyer. Seller acknowledges that several of the parcels are owned by related
entities and that the Seller shall take the necessary actions and execute the appropriate documents so that all
parcels are conveyed directly from Seller to Buyer. The Seller agrees that the Buyer may, solely at its option,
designate that the title to the Property be vested in the District or the Corporation. Provided that all terms and
conditions of this Contract have been satisfied, Escrow Holder shall record the Grant Deed at the Close of
Escrow.
3.4 Buyer has provided Escrow Holder with an Acceptance of Grant Deed and Preliminary Change of Ownership
Report for attachment to the Grant Deed that are attached in Exhibits C and D. Escrow Holder is not responsible
for the contents of said Acceptance or Report.
3.5 Buyer and Seller shall deliver to Escrow Holder such other documents and/or instructions (signed and notarized,
as appropriate) as are necessary to comply with the terms of this Contract. Seller shall complete and deliver to
Escrow Holder the Certification of Non-Foreign Status.
3.6 On or before the date for the Close of Escrow, Escrow Holder shall use the funds provided by Buyer and shall
cause to be recorded the Grant Deed and any other applicable documents at such time as Escrow Holder can
obtain assurance of obtaining the Title Policy.
4. CLOSING COSTS AND AOJUSTMENTS:
4.1 Buyer agrees to pay all closing costs including: premium for title insurance policy, escrow fee, document
preparation fees and other fees as applicable and approved by Buyer.
4.2 Seller shall not have to pay any closing costs or fees in connection with this transaction.
4.3 Since the Buyer is a public agency, the transaction should be exempt from the payment of the Documentary
Transfer Tax in accordance with Revenue and Taxation Code Section 11922 and County recording fees in
accordance with Government Code Section 6103. Escrow Holder shall mark the Grant Deed as exempt per R&T
Code Sec. 11922.
4.4 Escrow Holder shall prorate current real estate taxes between Buyer and Seller as of the Close of Escrow.
LIQUIDATED DAMAGES: IF ESCROW FAILS TO CLOSE DUE TO BUYER'S DEFAULT UNDER THIS AGREEMENT,
SELLER WILL BE DAMAGED AND WILL BE ENTITLED TO COMPENSATION FOR THOSE DAMAGES.
HOWEVER, SUCH DAMAGES WILL BE DIFFICULT AND IMPRACTICAL TO ASCERTAIN. IF ESCROW FAILS TO
CLOSE DUE TO BUYER'S DEFAULT UNDER THIS AGREEMENT, THE SUM REPRESENTED BY THE INITIAL
DEPOSIT MADE UNDER SECTION 1 AND THE EXTENSION DEPOSIT MADE UNDER SECTION 2.3 PLUS
RELATED INTEREST EARNINGS, IF ANY, SHALL BE DEEMED TO CONSTITUTE A REASONABLE ESTIMATE
OF SELLER'S DAMAGES AND SELLER'S SOLE AND EXCLUSIVE REMEDY.
SELLER'S INITIALS BUYER'S INITIALS
6. CONTINGENCIES: The Close of Escrow is subject to the completion of the following conditions:
6.1 Buye~s Contingencies:
a. Approval of the acquisition of the Property and the proposed public school project by the Board of Education
of the San Bernardino City Unified School District.
b. Receipt of funds for the acquisition of the Property from the State of California.
7. ENTIRE CONTRACT: This Contract contains the entire understanding between the Buyer and Seller relating to the
transaction covered by this Contract. All prior or contemporaneous agreements, understandings, representations and
statements, whether direct or indirect, oral or written, are merged into and superseded by this Contract and shall be of
no further force or effect.
Date of PTR
Approved Schedule B Items
November 1, 2001
Item No.'s 7,18,19.
12025795-K54
November 1, 2001
Item No.'s 7, 8, 9, 18, 19,20
5.
EMM2RDAPROPSPCFN2
Page (2/2)
8. OFFER AND ACCEPTANCE: When signed by Buyer, this Contract shall be considered an offer to purchase the Property.
When signed by Buyer and Seller, this Contract shall be considered a binding agreement to purchase the Property
subject to the contingencies in SecUon 6.1. This Contract and any supplement or modification hereto, including any
photocopy or facsimile thereof, may be executed in two or more counterparts, all of which constitute one and the
same wriUng.
9. OTHER MATTERS: The following are matters to which the Escrow Holder shall not be concemed, responsible or liable.
9.1 "AS IS" Condition. Buyer is acquiring the Property in its "AS IS. condition and shall obtain all inspections and
reports outside of Escrow.
9.2 Fire/Hazard Insurance. Fire and hazard insurance are not a requirement of this Escrow and Buyer will obtain
such insurance as necessary outside of Escrow.
9.3 Brokeraoe Commission. Buyer and Seller acknowledge that no broker's commission. finder's fee or other
compensation is payable with regard to the transaction covered by this Contract.
The parties hereto have caused this Contract to be executed as of the day and year first above written.
SELLER:
BUYER:
Redevelopment Agency of the City of San Bernardino.
a public agency corporate and politic of the State of California
SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT,
a political subdivision of the State of California
By:
GARY VAN OSDEL
By:
DAVID S. BAIL
Its: Agency Secretary
Its: Assistant Suoerintendent-Business Services
EMM2RDAPROPSPCFN2
Page (3/3)
--.--.'---\.."."...... ..' . "....Hm I u :..' .'';O--''rlrU'i=;\' ,./' ., " .i'JD;u
-- '" . . " . roo lJId;. 12.. ..' - "ARSD"AE~~m~'..'.'.' t. I.. ~'if''' "!' ~p
,..~ --. ~:: ....,'~ Jt -I-' .... I I' f I" OL :\ · ~.I IF" f!::
"", ~ ~:~. ""C ,.. r It--.. u I. ~'L; }; H
;:;;j F=- ;-"*,' iv< I ... I '\\0. ".. . , ..., L" b . .lnRI.'
Ie\.. I' II';: iJ..L I ..-- . . '.: ,.: ~ .~O...~ - SO, ~.l~ , ,.
e U".f II .u.... - ~ !, "="" h.Jlirh J +-- ~r=n tt-!:
';. . ;:---"'.:, :.. -- n ".... __~~ .:..1: ~._ :- ~ ~-1~:--1 = =.. 1\ ,:r17.f 1 .
-. .' --,,,.~ T2t9 '~'__rJLi<~ E .:;~_.._,~~.il'~= .. f ~--;lI...-H.
. ; 0 ~ -.-'. II. . '~."'.-'!'i~ .~ /~~.... I '1 ')0 ~ ~.g.
- ;;:"'~~"~' '''''''.'' ---J ~,. .,r~',,', .. -'>_ ~ ~ '..' > T: ..Ii'.
- .u -. ~ 0... ,1:"'# :J ..... ..' ~ lrvlew -.;I. '.1.1.)
___j ~-;".f:;) t_ -. u_ _'_'.'__ ;,--" . j[ I ..... l ~quiJliu _po .....0...-... ~. sr~.f.o, ...J;:.!__,
J..J.::: c., i, ..i- eM DA T<_, >0" ..... ' .... eM"," OAT< <"JlJ-"SY" "-0 ..-,
~. ---...... >- ~.'''-'''Dd'''~"c: ,,," ".......
"'\ i -. if! .....~. ""'i .11-J.';J.... H.~t;!". ~.t'" . . - "- 0 ~ '"'''' _ .' <
\'1 =- ..,,90" '. ~J Sch ~ '';'' . r.== _ _ ....... ,
eJ'1 .-- ~!, . -. -- ".. ---. __. i '""" .... - I l\,po ~: '~"""!:'.'_ ".' L~>.., ,~p.
-,~..\i ._.~!--..~... '" '''j'''~ ...~~....-rl!--'~:--._~~~.. S4~!B' & '~~..f'sr:."' ...'
..j' .1 ..~ IIJ ~-",,-..' . '., ~atlon ..~.~*i;'.
......; --- ,. ..'t:=I..,' :J . '''.-:-' -1 . Ye :::-..... ...;1 " .
--. I' AV/aNUE --.. _". .. _f ~... , ~ __Ii~:". .. ....... t. ~- ~!I'" "_ aSln ,.....:.1".
,T.~' ~ ;::i;~~~' "..'_ rJ,U ,,'. '~. ..l~;..~:.~/..~~l..~ ~iM(,.. ~N':.... ":"..:..~'..;l~t. LHIG."tD1m
... ",,~.lll :r ., . ---.. y ~ ~,!, ". i -~~... U~ ~
'!fi. . , ~ i~~~;r ,8 :-'--.....~ -""L -7 ' '~.... _'" '-"'''''::'-:.i ;~ It
...... ,,'. ~i\ , .~. .---." <". ~ . --" > = "." "", ,,-'."'"'~ ...,. e
I .-. , \.. " 010-';:; , I ......,,-=:;:-:-:-." ~. '" ; ",' "'~, - 'q' ~:;:."",
.. -,'Jr, t . I " I ~ I!. 1.~~..., , "'O"".'jl' .,-
.. '" ... I . I ' ..... . 1 ... c.- I ~ .-. . I '!'I;. : i!.~ ,"-.. i
""'" .' u__u_'io~--..., ......' (':[~~Jl ~ JI: "1 'l: .,.' It, ",' --~<II'~"'''1[ .' ..... . '...i?di
"" ..... ==';, ...:..'....:;', ~ --"" ". ~ PROJECT ~-- ."1. I"" if-
~- 11__ ~;: '~"iaii;:~ . I...,j "'1" . ;;== LOCATION ~ ~u uU-.... :..:.;~..' 'lI
.-- OCln ." ~CIFI, sr~. 6Sd: !.j;i~ ~~..A. GRANTL.'.'!:,,"~I
~ os:;," '~~l.,,~o 1\V;/ 1.'11~.11~:: i'. · .:.;.:J.... :m,__.__~~G'4.61" ,..Qs.~'~;...)-:.,;;I.:~..;~..~[...~J1:~I:-rf;..:.I.i!>".
... t) 1 0 \ ! ".. 2 ~- ;., ~Seh. I .........~!Ir::...., ::,~'.
. ,.', ~ --.;-IIZ0---- '............... I ~..::,::U;,'!!:
., I .r"h...J i', -' 8~: ~ -. ,'. ~:'_ ,'/" , . ir::A RQt:':ry .... ~ill~l~l!lttt'i)~
-,.", I I ./r ! I '.~ n .r'-..--....." -- R d' T.... . '/.. '11' ,I
.i I, '!or ' _.Jt._n \.:', 3'0 'fl"".er;o a.; I I
1-& ~ L" ~ I~ o~',~ s=-~b:r~:krI::;~~~.~flems~~i.~~i,.~
- r ~ , "C1 ~;::F;~:.<'l;\; I: ~! l"~rl1' l~~r,; '1"1 (Ii R~.,j
~ V ~ .>:"'7"~f~!1 ", J ~ r r)~ r Hi! LJ
I , ~ ~,; t(!r,ln&' . 'h ~ ,i i: 10.1, lSfh :'-. ;, I; ; ,
. "'Jr . fthr ian 8ch t..! - ; ~ ; ,,>] ,::-.;~ Ii, :
.'S 1~.", j ilLW i . t" ' Ii i! ~':-;:. I ..! :H--i_~
,.. . ] 1: ~w;:= - n----~ 8M--j lo~~'lr-- ---lr-~",'~"~ Tr;~--- 11
./ J _~ l.J-r n ~ ' m ;~~L, .~.... . :J:
"" .. . ~'I 'QI 'dl.' '.' ~..!i .~U_t ~ i~ll;' ..1.... '. '.
-= 15 .1' ~( - .~~;""':l~ i ~i_,__~-- ~\;! ~~ .~: .J, .:::::
_ PROJECT.---r --- .\ ""1.' ',.. fl ~::ir- \ I': tJ, II!!l,e'.'~- : Ii: \ : '
~ LOCATION ,:'" :.. ~'[ ~ ~ ! ~'I; .\dl I:. ~i( I .
r . ~I! 1Il1...,.......--U~, ~I \ '\:' j1 -ii.
---' .~ .:' r.. ~!"05 "" t\ ~. ':... '.ilSTi' ,
'I _ 30...6i'i ~ . "..:~ : ......;.. . a' '~." '~;~11!~\:' . ,Cl
/' 10 \\ "--~.:-r' I \ .:'hi:; .._\....._~_ t, 0\ .lJ:
irl-~.~. _" ." ....... _ ~ - ,'H, :.....l~ .. ~
,: 60 ~. h ...J ~~:~.r. L~I!;--.,J~_:. ' ~ . ~itY_~.::U 'QjJ~j:f~i~'!:..:
~, ~ r4~~~i
J._ ~,;::. fI . -1~r"~"I~i .~.''''.~~J. 1110; ~ SAN BERNA-nni~Nl{" -. -- CORP-,r-=----T1'
. " i -.. .... "M~" L _ ..'~~' I' .,:~ <," .4f!J;;\ J/'\ . . ". ,'I'
I' I f~.;, TOf>l' '"", . ~r.~' ", ..-f \ , !
,
LSA
~
FIGURE I
SOURCE: USGS 7 S QUAD, HARRISON MTN, CA.
San Bernardino E.S. #47
Location Map
o 1000 2000
. .
fEET
J:\SBUJ34\Location.cdr (1In6lO1)
I
i~
~~
~
~
I
~
l1.RI" P\AY HfV,.
CI .N..a:: I
a....:'"
..
..
a 11....0.011
.~~-
~
ill
!
'" ~
<l
~ :- ~
-~ -
::J c.; ""
"
0 "-i ~
.~.
- Q <I)
r.. " -
~ ~
" a
E ""
~ "
"" u
" <l
ell 0
CJ
$
s
:::.
<
U)
....J
It
IE:
~ i ~
Z~ I ~
:e
+-@-
~
"
~
~
;:;
~
"
;:;
~ fi~i fi
I
~
...
;:;
~MJU!}I:)W
... '" ~ * !3 ~ l ~ " ..
:!: ~ ~ ~ ~
" ;:; ;:; .. ... " " 1il 1il
~ l:: .0\ ~ ~.. "'V'\ ~ .~ :;; ~
~ ~ ... S ~
.. .. .. ~ .. lG
... ... ,"
) l~US :.qW03M.~
; ~. ;r
N .roe "
* :::
.;;; ;:;
~ i
~ i
..
..-..-..--.-..
~l ~ ~ :;
~J ~j ;::ij Mj
"'" V'I V'I fl') ....l
:;:.. :::.. $:.. s. :;..
"'J "I "J "l "l
walJS ~nn
~
.
~
]
~
:i:
<
~ @
"' ..
~ .. .D
nuu j ~
O. IN...,. 00
Z ...... l7\"'" ...,.
S
o E
z ,--., "1
!in : ~
~: : ~
o. . GO "'"
\I)!.__J r-..
~
"
"
'"
~
"
"
"
i ~
..~
~ ~!
~j ~j
j~ R t
d v .
~! ~ j
<:
ffi
~
<:
~:J:"
....~
a:,;,
0_
z~
- 'j
<:::;:;
t~
g ~
~ g
~.'"'
tJ
~8Zl'
~L'lt
~9'll
sszz
1m
"
11 'e
"EQ
6r
S,Sj
m2~
90," II II ~O'" I ~
""''III"
Un
OOIi111n
~O'"
Stzz
~m
~m
'illl
10,"
--.-------
1 ~
~
.
e
"a :f:
~ !
~ s
'S
i E
~ a
. E
~ "tl
" ;x
0....
i?:8~
~:c~
~~t;rl
"'"'02
10"""1 I
z~~
:li?ii5_
Will"
'Z81l' f81l
891l 691l
~ll '-'Il
ZtIl 'ttt'::,
"'ll Hilt
9tIt
toll j s:Gtt
tOOl . S60l
..
tOOl j Slot
tLot SlOl
t90l SOOl
SSOl
Stol.
!>for
srot
I~
's
5
f a
~ j
i j t
.l! .:! % ]
... Ii.< u Q.
-H .. :20 ~ i!
.i! . 5"'!'e~
1 1 l 1 ~i 1 t ~
S i j J ~~ J 11
~[=jB~ ~ ~ GBBI
66lt
96t'Z
L61l
Kll
S6It
SiU
"Il
01'l138n
8HZ
>fll
Sftt
SIrl
~
<lI
.D
!i
SOil
6Ill
,.
S60l
f80t
33433 SUMMARY REPORT DATED DECEMBER 21, 2001
PURSUANT TO HEALTH AND SAFETY CODE OF THE
CALIFORNIA COMMUNITY REDEVELOPMENT LAW ON A
PURCHASE CONTRACT (THE "AGREEMENT") BY AND BETWEEN THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND
THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT PERTAINING TO
THE SALE OF ELEVEN (11) VACANT PARCELS ON 20TH STREET BETWEEN ARDEN AND
GUTHRIE STREETS
INTRODUCTION
This summary report has been prepared pursuant to Section 33433 of the California Health and Safety
Code. This report sets forth certain details of the proposed Purchase Contract (Agreement) between the
Agency and San Bernardino City Unified School District ("District"), pertaining to the sale and
redevelopment of eleven vacant parcels located at: 2241,2251,2262, 2271, 2291,2311, 2321, 2331, 2371,
2381 and 2391 E. 20th Street, north Arden-Guthrie Area of the City of San Bernardino (the "Properties").
This report is organized into the following seven sections:
A. Salient Points of the Proposed Ae:reement: This section includes a description ofthe
project and the major responsibilities to be assumed by the Agency and the District as it
relates to the proposed Agreement.
B. Cost of the Proposed Ae:reement to the Ae:encv: This section outlines the total and net
costs of the proposed Agreement to the Agency.
C. Estimated Value of the Interests to be Conveved determined at the Hie:hest Use
Permitted Under the Redevelopment Plan: This section summarizes the value of the
Properties to be conveyed to the District at the highest use permitted.
D. Estimated Reuse Value ofthe Interests to be Conveved Determined Based on the
Required Use and with the Conditions. Covenants and Development Costs Required bv
the Proposed Ae:reement: This section summarizes the value of the Properties determined
at the use required by the proposed Agreement, recognizing the impact of the proposed
Agreement's terms and conditions, if any.
E. Consideration Received and Comparison with the Fair Reuse Value: This section
describes the compensation to be received by the Agency, and the reasons for any difference
between the compensation and the fair reuse value, if applicable.
F. Blie:ht Alleviation: This section describes the existing blighting conditions on the Properties,
and an explanation of how the proposed Agreement will assist in alleviating the blighting
conditions.
G. Conformance with the AB 1290 Implementation Plan: This section identifies how the
proposed Agreement will result in a development that fulfills goals and objectives established
in the Agency's AB 1290 Five Year Implementation Plan.
1
I. SALIENT POINTS OF THE PROPOSED AGREEMENT
A. Descriotion of the Prooosed Proiect
The purpose of the proposed Agreement is to effectuate the sale of the Properties to the District in order
to develop an elementary school (Elementary School #47, or Emmerton II) on the Properties together
with adjacent privately owned land that the District will acquire directly.
B. Al!encv Resoonsibilities
To enter into a Purchase Contract with the District to sell the Properties to the District subject to the terms
of the Agreement.
C. District Resoonsibilities
To enter into a Purchase Contract with the Agency to purchase the Properties from the Agency subject to
the terms of the Agreement.
II. COST OF THE AGREEMENT TO THE AGENCY
The costs incurred by the Agency to purchase, relocate and demolish said Properties is as follows:
Seven parcels located at 2251,2331,2291,2371,2241,2271,2321 E. 20th Street were purchased by the
Agency, which included relocation and demolition costs amounting to $402,544. These expenditures
were made from the Agency's Low/Moderate Income Housing Fund. The Agency also purchased the
following properties: 2391, 2261,2381,2311 E. 20th Streets for a total expenditure of$88,035. These
costs included acquisition, relocation and demolition costs, and said costs were funded by the Agency's
Community Development Block Grant (CDBG) Program. Therefore, the total expenditure by the Agency
for the Properties is $490,579.
III. ESTIMATED VALUE OF THE INTERESTS TO BE CONVEYED DETERMINED AS
THE HIGHEST USE PERMITTED UNDER THE REDEVELOPMENT PLAN
The estimated "AS IS" fair market value of the interest to be conveyed, determined at the highest uses
permitted for all eleven parcels is $183,000. This value is supported by an appraisal report prepared by
James Smothers, MAl, dated December 17, 2001.
IV. ESTIMATED REUSE VALUE OF THE INTERESTS TO BE CONVEYED
DETERMINED BASED ON THE REQUIRED USE AND WITH THE CONDITIONS,
COVENANTS AND DEVELOPMENT COSTS REQUIRED BY THE PROPOSED
AGREEMENT, IF APPLICABLE.
The Properties will be conveyed to the District for the highest use value permitted under the
Redevelopment Plan.
V. CONSIDERATION RECEIVED AND COMPARISON WITH THE FAIR REUSE VALUE
As noted above, the Properties are being conveyed to the District at its highest use value.
2
VI. BLIGHT ALLEVIATION
Although the Properties are not located with a redevelopment project area, the Agency acquired the
Properties with the intent to develop affordable housing. However, in 1999, the City undertook a study
to determine the market conditions and to analyze various land use alternatives for the area given the
deterioration of the area that had occurred overtime. After much consideration and evaluation ofthe
neighborhood conditions, principally the area no longer being suitable and conducive for residential
living, the area was rezone to Public Commercial Recreation (PCR). When considering the land use
changes the Council considered the following items: the Properties are located in an area undergoing
major transformation; the market analysis concluded that a sports/park facility was a good market
potential and would be compatible with the surrounding recreational uses; the PCR, Public Commercial
Recreation designation permits a range of sports and recreation facilities and supporting uses, thus the
rezoning will help with the implementation of the market study; and last, but not least, the PCR
designation would encourage redevelopment and revitalization of a poorly underutilized area.
VII. CONFORMANCE WITH THE AB 1290 IMPLEMENTATION PLAN
The Five-Year Implementation Plan adopted by the Agency contains several broad operational
goals and objectives that are applicable to the disposition of the Properties. Among these objectives are
the following:
. Creative implementation of catalyst projects which spur reinvestment on surrounding
blocks.
. Land acquisition for the creation of public facilities, which serve both the immediate
neighborhood and the community at large.
. Improvements to existing water and sewer lines, streets, sidewalks, parkways and lighting
in the public right-of-way; and continued participation in the enhancement of the public
infrastructure system.
The proposed Agreement will assist the Agency in meeting the above noted objectives and goals of its
Five-Year Implementation Plan. Based upon the preceding factors, the proposed Agreement is consistent
with the adopted Five-Year Implementation Plan.
The execution of the Agreement is subject to the closure of a public hearing with a majority approval
voted by the Agency. The execution by the District is subject to the approval of the Agreement and
applicable provisions of the California Educate Code.
3
2064 2083 1~I~Br:lIEJF1~
2074 2095
............. I......
'" 2084 2105 -
g> ... r ~ 1 (r- f r l "'
!i ~ E: ~ ~
~. 2094 t
3 2119 S(> 2118 ~ ~ ~ l r
~ . e. [
r n ( J
2104 ~ e: ~ I I rf
2134 i -
f g. if
2148 ". tt. l "'; i.
lJllEItIO a ~ II ~.r ~
- S2 f
f ... 1!. -
2164 ~ It 1 E
if ~ .
.
2178 a 0 r ~
~ II C!i
i*t~::~:-..:~~t; f .; n j 'e:
a: e:
'~:~,:::~:~~:,,~:,:~Z}~: i. l
2182 2197 2196 i
2194 2199 c
~
Guduie StIeet
2205 i.. i.. i.. i.. i.. i..
lJlIEIlIO
OW OW OW OW OW OW
2215 CI .. .. '" ~ 1::
'" .... W ....
. lJllERlO
2225 ..
2235 n~ z"' I
.~ .
~~~ ~ " .
2245 (',2.. I
,
e. It ~gt
2255 II , "
c . !
.----.-------- n -
I _
.
i--------------------------------------~
~ [~~ii]1 .. 1888 11900 I 1922
Argyle A>enue
2025
2035
Ste4ding Avenue
II ~ ~ ~
LJ~~i
~8z
'-0
r---c:.n
.... '0
~ CD I I ~
r"" ·
..., ,
a' ,:I:
_ I 1m
. 1___. Z
~ 0
~
~ ~",I"""'!!z
~ i rl :~
~ l. ..J ~
l ~ 0
~ "'
~ !Z
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
January 28,2002
TO:
Stephanie Jefferson, Secretary
FROM:
Michelle Taylor, Senior Secretary
RE:
Transmitting Documents for Signature - Resolution 2002-31
At the Mayor and Common CounciVCommunity Development Commission meeting of January
22, 2002, the City of San Bernardino adopted Resolution 2002-31 - Resolution (1)
acknowledging receipt of a 33433 Summary Report relating to the sale of the 9'h and Del Rosa
(approximately 73 acres) site as described in Motion A and (2) authorizing and consenting to the
sale of the site by the Agency to the District.
Please obtain signatures in the appropriate locations and return the original agreement to the City
Clerk's Office as soon as possible, to my attention.
Please be advised that the resolution and agreement will be null and void if not executed
with 60 days, or by March 25, 2002.
If you have any questions, please do not hesitate to contact me at ex!. 3206. Thank you.
Michelle Taylor
Senior Secretary
Signed:~<~~
\ _ 3 - D:J- Please sign and return
Date: 0
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
January 28,2002
TO:
Stephanie Jefferson, Secretary
d ~
III ~
<:
. ~
,
~ ~
At the Mayor and Common Council/Community Development Commission meeting of Jauaary ....:
22, 2002, the City of San Bernardino adopted Resolution 2002-32 - ResolutiOlw(1) P
acknowledging receipt of a 33433 Summary Report relating to the sale of eleven (11) v~nt ~
properties on 2dh Street as described in Motion C and (2) authorizing and consenting to the sale
of the properties by the Agency to the District.
FROM:
Michelle Taylor, Senior Secretary
RE:
Transmitting Documents for Signature - Resolution 2002-32
Please obtain signatures in the appropriate locations and return the original agreement to the City
Clerk's Office as soon as possible, to my attention.
Please be advised that the resolution and agreement will be null and void if not executed
with 60 days, or by March 25, 2002.
If you have any questions, please do not hesitate to contact me at ext. 3206. Thank you.
Michelle Taylor
Senior Secretary
Signed.
Please sign and return
Date:
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted):
Vote: Ayes ~
/-.J.;)-();;)--
7.;"1 Nays
1<3/ .4
Item #
Abstain
Change to motion to amend original documents:
Reso. # On Attachments: -=-- Contract term:
Note on Resolution of Attachment stored separately: ~
Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY By:
Date Sent to May~ I /2'1.,lb~
Date of Mayor's Signature: 'I:;;AIO:2-
Date ofClerk/CDC Signature: -.l('J.-J I ();)-
I
Date Memo/Letter Sent for 19n
60 Day Reminder Letter Sent on 30th day:
90 Day Reminder Letter Sent on 45th day:
See Attached:
See
See Attached:
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433,10584,10585,12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
Copies Distributed to:
City Attorney
Parks & Rec.
Code Compliance
Dev. Services
Police
Public Services
Water
Notes:
Resolution #
C DC./.;;zOO:2-S-
Absent "}-
lY
NullNoid After: (me, D~j , S2C-G~
,
Reso. Log Updated: /
Seal Impressed: .-/
Date Returned:
Yes ./ No By
Yes No~ By
Yes No ....L. By
Yes No ~ By
Yes No ./ By
EDA y
MIS
Finance
Others:
BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc.)
Ready to File: --+U:L- Date: ~
Revised 0 I / 12/0 I
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): I -.:2:;) - {1;:;L Item # f2:3l () Resolution # ,;l CC'.;L- 3 J
Vote: Ayes fii3J-'l Nays"" I Abstain.e- Absent~
Change to motion to amend original documents:
Reso. # On Attachments: ~ Contract term: -
Note on Resolution of Attachment stored separately: -.:=...
Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY
NulVYoid After: &::, 01+{ \ / ~. d.,-G "
I
By: -
PI II
Date Sent to Mayor: / I ~ if / 0;).--'
Date of Mayor's Signature: I f~L!lo')-
Date of Clerk/CDC Signature: I i::J S 16 :;:J.-
Reso. Log Updated: /'
Seal Impressed: ~
Date Memo/Letter Sent for Signature:
60 Day Reminder Letter Sent on 30th day:
90 Day Reminder Letter Sent on 45th day:
lld-/(Io~
, I
See Attached: hate Returned: (,,-f'1--0 ;)
See Attached:
See Attached:
Request for Council Action & Staff Report Attached: Y es ~
Updated Prior Resolutions (Other Than Below): Yes
Updated CITY Personnel Folders (6413, 6429, 6433,10584,10585,12634): Yes
Updated CDC Personnel Folders (5557): Yes
Updated Traffic Folders (3985, 8234, 655, 92-389): Yes
No By
No -L- By
No 1.- By
No Y By
No / By
Copies Distributed to:
City Attorney /
Parks & Rec.
Code Compliance
Dev. Services
EDA
,/
Finance
MIS
Police Public Services
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.)
Ready to File: ryr(
Date: '1- dE)")
Revised 01/12/01
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): \ - ;)~- D ~
Vote: Ayes (jijj/1~15"") Nays
Change to motion to amend original documents:
Item# 1<.31 (' _ Resolution# ('i)C/';;DD:J-0
..()- Abstain --4-- Absent 1-
Reso. # On Attachments: ~ Contract term:
Note on Resolution of Attachment stored separately: ==---
Direct City Clerk to (circle 1): PUBLISH, POST, RECORD W/COUNTY By:
NullNoidAfter: ("e Of\.<r:c, 13-2S--0d-
Date Sent to Mayt;
Date of Mayor's Signature:
Date of ClerklCDC Signature:
Reso. Log Updated: /
Seal Impressed:
Date Memo e
for Signature:
See Attached:
See Attached:
hed:
Date Returned:
60 Day Reminder Letter Sent on 30th a .
90 Day Reminder Letter Sent on 45th day:
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
Yesd No By
Yes No...L By
Yes No .-L By
Yes No t/ By
Yes No/ By
Copies Distributed to:
City Attorney
Parks & Rec.
Code Compliance
Dev. Services
EDA
/
Finance
MIS
Police
Public Services
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.)
Ready to File: (yy\ Date: ~
Revised 0 I /l2/0 I
:
,
...
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): 1-;);). - 0 ~
Vote: Ayes Jjj 1[35-') Nays
Change to motion to amend original documents:
Item# 1<3\ \)
&- Abstain
4
Resolution #
Reso. # On Attachments: L- Contract term: -
Note on Resolution of Attachment stored separately: ~
Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY
NullNoid After:
By: -
Date Sent to MafJ; I /;).- yo ;l..-
Date of Mayor's Signatur{ i (- ~6;)
Date of Clerk/CDC Signature: I 5 (0')
r r
:)00:;2 -:3:J..
Absent 4--
Reso. Log Updated: ,../
Seal Impressed: /
Date Me r Sent for Signature:
60 Day Reminder Letter Sent on 30t a.
90 Day Reminder Letter Sent on 45th day:
\1'91510 "2-
I '
See Attached: ~Date Returned:
See Attached:
See Attac
-
Request for Council Action & Staff Report Attached: Yes /
Updated Prior Resolutions (Other Than Below): Yes
Updated CITY Personnel Folders (6413, 6429, 6433,10584,10585,12634): Yes
Updated CDC Personnel Folders (5557): Yes
Updated Traffic Folders (3985, 8234, 655, 92-389): Yes
Copies Distributed )0:
City Attorney / Code Compliance
Dev. Services
EDA ,/
Parks & Rec.
Police
Public Services
Water
Others:
Notes:
By
No ~ By
By
By
By
No
No~
No~
No ./
Finance
10-1"-1 --0 d
MIS
BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE rContract Term. etc.)
Ready to File: -"DC
Date: I}-:.Kl;l
Revised 01/12/01