HomeMy WebLinkAbout2005-290
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RESOLUTION NO. 2005-290
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO APPROVING THAT CERTAIN
PURCHASE AND SALE AGREEMENT BY AND BETWEEN THE CITY
OF SAN BERNARDINO ("CITY") AND THE REDEVELOPMENT
AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY")
RELATING TO THE SALE OF CITY PROPERTY LOCATED NORm
OF FOOTHILL DRIVE, EAST OF STERLING AVENUE (135.6 ACRES
AP# 0155-361-25) IN THE CITY OF SAN BERNARDINO
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WHEREAS, the City of San Bernardino, California (the "City"), is a municipal
8 corporation and charter city, duly organized and existing pursuant to the provisions of the
9 constitution of the State of California; and
10 WHEREAS, the City is the current owner of that certain real property consisting of
11 approximately 135.6 acres (APN: 0155-361-25) located north of Foothill Drive, east of Sterling
12 Avenue in the City of San Bernardino (the "Property"); and
13 WHEREAS, the City has determined that the Property is no longer necessary for the
14 City's use; and
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WHEREAS, the City desires to sell the Property to the Redevelopment Agency of the
16 City of San Bernardino (the "Agency") pursuant to the provisions of the Charter of the City and
the provisions of the Municipal Code, including without limitation Section 2.65.050; and
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WHEREAS, the Agency is also the current owner of that certain real property consisting
of approximately 8.12 acres (APN: 0155-381-11 and 45) located north of Foothill Drive, east of
Sterling Avenue in the City of San Bernardino, south of the City's Property, separated by
property owned by the San Bernardino County Flood Control District; and
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WHEREAS, an updated MAl appraisal of the Property has been completed by Smothers
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Appraisal (the "Appraisal") confirming a fair market value of Seven Hundred Seventy Six
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Thousand Dollars ($776,000) for the City's Property and Three Hundred Sixty Eight Thousand
24 Dollars ($368,000) for the Agency's property for a total fair market value of $1,144,000; and
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WHEREAS, the Agency is entering into a 2005 Disposition and Development
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1 Agreement (the "DDA") with Watson-Westridge, LLC (the "Developer") pursuant to which the
2 Agency will, simultaneously with its purchase of the Property from the City, sell the Property
3 and the Agency's property to the Developer for a purchase price of One Million Two Hundred
4 Thousand Dollars ($1,200,000) which is considered to be in excess of the fair market value of
5 the City's Property and the Agency's property; and
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7 value of the two properties of $1,144,000 is $56,000 (the "Excess Price") which is being
obligated by the Agency under the DDA for the potential acquisition of the required easement
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or land from the County of San Bernardino Flood Control District to connect the City Property
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and the Agency property, and if the Excess Price is not needed for said purchase, the Excess
WHEREAS, the difference between the sales price of $1,200,000 and the appraised
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Price will be retained by the Agency to off-set its legal and administration expenses related to
the Project; and
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WHEREAS, the DDA provides for the development of the Property and the Agency
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property by the Developer as a residential neighborhood consisting of not more than 77 single
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family detached homes (the "Project"); and
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WHEREAS, the Agency is the "lead agency" for the Project, under the California
16 Environmental Quality Act, California Public Resources Code Sections 21000, et seq.
17 ("CEQA"), in accordance with Public Resources Code Section 21067 and Title 14 California
18 Code of Regulations Sections 15050 and 15051; and
19 WHEREAS, the IS identified potentially significant effects on the environment in
20 connection with the proposed Project; and
21 WHEREAS, based on the potential significant affects on the environment and comments
22 received from respective affected agencies, the Agency has prepared the "Response to
23 Comments for the IS", dated July 25, 2005, and the Mitigation Monitoring and Reporting
24 Program (the "Monitoring Program"), Attachments V and VI to the StafIReport, relative to the
DDA between the Agency and the Developer and the proposed Project to avoid or mitigate the
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potentially significant effects on the environment, and the Developer has agreed to implement
the Monitoring Program for the Project; and
WHEREAS, the Agency has prepared and the Mayor and Common Council will
consider approval of the Mitigated Negative Declaration with respect to the Project in
accordance with the provisions of CEQA and the CEQA Guidelines developed thereunder; and
WHEREAS, a Purchase and Sale Agreement (the "Agreement") Attachment II to the
Staff Report, pursuant to which the City will convey the Property to the Agency; and
WHEREAS, it is appropriate for the Mayor and Common Council to take action with
respect to the sale of the Property to the Agency and the subsequent disposition and
development of the Property.
NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND ORDERED
BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, AS
FOLLOWS:
Section 1. The Mayor and Common Council hereby approve the Agreement and
authorize and direct the Mayor to execute the Agreement on behalf of the City together with
such technical and conforming changes as may be recommended by the General Manager of the
Municipal Water Department and approved by the City Attorney.
Section 2. Provided that the Agreement has been fully executed by the parties, the
General Manager of the Municipal Water Department is hereby authorized and directed to take
all actions set forth in the Agreement on behalf of the City to close the escrow transaction
described therein.
Section 3. The Mayor and Common Council hereby concur with the Agency that a
Mitigated Negative Declaration and Notice of Determination shall be prepared and filed with
the County Clerk for the reasons noted in the above Recitals.
Section 4. This Resolution shall take effect upon its adoption and execution in the
manner as required by the City Charter.
III
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RESOLUTION OF mE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO APPROVING THAT CERTAIN
PURCHASE AND SALE AGREEMENT BY AND BETWEEN THE CITY
OF SAN BERNARDINO ("CITY") AND THE REDEVELOPMENT
AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY")
RELATING TO THE SALE OF CITY PROPERTY LOCATED NORTH
OF FOOmILL DRIVE, EAST OF STERLING AVENUE (135.6 ACRES
APi 0155-361-25) IN THE CITY OF SAN BERNARDINO
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
7 Common Council of the City of San Bernardino at a ioint regular
meeting thereof, held
8 on the 15th day of August
, 2005, by the following vote to wit:
Abstain
9 Council Members:
10 ESTRADA
11 LONGVILLE
MCGINNIS
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DERRY
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KELLEY
14 JOHNSON
15 MC CAMMACK
Ayes Navs
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Absent
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.~h.~
Racliel G. Clark, City Clerk
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19 The foregoing resolution is hereby approved this 17th day of August
f~~$~
'n~k, Mayor Pro Tern
City of San Bernardino
,2005.
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Approved as to form and Legal Content:
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25 By. ~ ~k
ljity Attorney
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