REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
September 12, 2023
FROM
TERRY W. THOMPSON, Director, Real Estate Services Department
CARRIE HARMON, Director, Community Development and Housing Department
SUBJECT
Title
Acquisition of Vacant Land in the Bloomington Area
End
RECOMMENDATION(S)
Recommendation
1. Acting as the Successor Housing Agency to the former Redevelopment Agency of the County of San Bernardino, pursuant to Health and Safety Code section 34176, adopt a Resolution that finds the acquisition of vacant land containing approximately 3.75 acres located at 10108 Locust Avenue in the unincorporated area of Bloomington, is not a project under the California Environmental Quality Act, or, alternatively, that the acquisition is exempt from the California Environmental Quality Act Guidelines, pursuant to Section 15004(b)(2)(A) of Title 14 of the California Code of Regulations and conditioning all future uses and development of the vacant land contingent upon compliance with the California Environmental Quality Act.
2. Acting as the Successor Housing Agency to the former Redevelopment Agency of the County of San Bernardino, authorize the acquisition of vacant land containing approximately 3.75 acres located at 10108 Locust Avenue in the unincorporated area of Bloomington (Assessor’s Parcel Number 0252-051-41) from Micasso Group, LLC, for the purchase price of $4,900,500, plus escrow, title, and closing fees estimated to be $10,000, inclusive of independent consideration of $100, in accordance with Government Code section 25350.
3. Approve the Purchase and Sale Agreement and Joint Escrow Instructions between Micasso Group, LLC and San Bernardino County, acting in its capacity as the Successor Housing Agency to the former Redevelopment Agency of the County of San Bernardino, pursuant to Health and Safety Code section 34176, to acquire the vacant land at 10108 Locust Avenue in the unincorporated area of Bloomington.
4. Approve Capital Improvement Program Project No. 24-075 to acquire vacant land containing approximately 3.75 acres located at 10108 Locust Avenue in the unincorporated area of Bloomington (Assessor’s Parcel Number 0252-051-41) from Micasso Group, LLC for the purchase price of $4,900,500, plus escrow, title, and closing fees estimated to be $10,000, inclusive of independent consideration of $100.
5. Authorize the Auditor-Controller/Treasurer/Tax Collector to post budget adjustments as detailed in the Financial Impact section (Four votes required).
6. Authorize the Director of the Real Estate Services Department to execute a certificate of acceptance for the grant deed for the vacant land, escrow instructions and any other documents necessary to complete this transaction, subject to County Counsel review.
7. Direct the Clerk of the Board of Supervisors to file and post the Notice of Exemption as required under the California Environmental Quality Act.
(Presenter: Terry W. Thompson, Director, 387-5000)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Promote the Countywide Vision.
Create, Maintain and Grow Jobs and Economic Value in the County.
Provide for the Safety, Health and Social Service Needs of County Residents.
Improve County Government Operations.
FINANCIAL IMPACT
Approval of this item will not result in the use of Discretionary General Funding (Net County Cost). The cost to acquire this vacant land in the unincorporated area of Bloomington is $4,900,500 plus escrow, title and closing fees estimated to be $10,000 inclusive of independent consideration of $100. San Bernardino County (County), acting in its capacity as the Successor Housing Agency to the former Redevelopment Agency of the County of San Bernardino (Successor Housing Agency), pursuant to Health and Safety Code section 34176, will use proceeds from the 2010 San Sevaine Bond Series A issuance to acquire the vacant land. The Community Development and Housing Department requests the Auditor-Controller/Treasurer/Tax Collector to post the following adjustments to the 2023-24 budget, which totals $4,910,500 to support the acquisition of the vacant land:
|
Cost Center |
Commitment Item |
Description |
Action |
Amount |
WBSE |
|
7700003105 |
54004005 |
Land |
Increase |
$4,910,500 |
94.10.0003 |
|
7700003105 |
55415017 |
Fixed Assets Transfer In |
Increase |
$4,910,500 |
94.10.0003 |
|
6210003126 |
54004005 |
Land |
Decrease |
$4,910,500 |
- |
|
6210003126 |
55405016 |
Fixed Assets Transfer Out |
Increase |
$4,910,500 |
- |
BACKGROUND INFORMATION
The County, acting in its capacity as Successor Housing Agency, has identified vacant land of approximately 3.75 acres (Assessor’s Parcel Number 0252-051-41) located at 10108 Locust Avenue in the unincorporated area of Bloomington (Property), as a preferred site for consideration as an affordable housing development project. Per Government Code section 52201, the County has the authority to acquire property in furtherance of the creation of economic opportunity. The creation of economic opportunity as defined in Government Code section 52200.2(c) expressly includes the creation of affordable housing. The County has determined that a demonstrated affordable housing need exists in the community, as defined in the County Housing Element.
Approval of this item will authorize the acquisition of the Property from Micasso Group, LLC (Micasso) for the purchase price of $4,900,500, and authorize the Director of the Real Estate Services Department (RESD) to execute a certificate of acceptance for the grant deed for the Property, escrow instructions, and any other documents necessary to complete this transaction. Other documents include amended escrow instructions, property disclosures, notices, contingency waivers, and settlement statements, which are subject to County Counsel review. The RESD Director will not be authorized to execute any documents that would bind the Successor Housing Agency to any actions not contemplated by, or arising from, the purchase of the Property.
The acquisition of the Property shall not constitute a commitment to a particular affordable housing development project or other public project as a whole or to any particular features. The recommended Resolution conditions all future uses and/or development of the Property upon compliance with the California Environmental Quality Act, which will be conducted for the development of the Property at such time as there is a development proposal for the Property.
PROCUREMENT
The purchase of the Property is in compliance with Government Code sections 25350 and 6063.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Agnes Cheng, Deputy County Counsel, and Suzanne Bryant, Deputy County Counsel, 387-5455) on August 18, 2023; Community Development and Housing (Becky Sanabria, Project Manager, 382-3995) on August 11, 2023; Auditor-Controller/Treasurer/Tax Collector (Charlene Huang, Auditor-Controller Manager, 382-7022) on August 24, 2023; Purchasing (Michelle Churchill, Supervising Buyer, 387-2070) on August 10, 2023; Finance (Chris Lange, Administrative Analyst, 386-8393, and Yael Verduzco, Principal Administrative Analyst, 387-5285) on August 24, 2023; and County Finance and Administration (Valerie Clay, Deputy Executive Officer, 387-5423) on August 24, 2023.
(TJS: 893-0340)