HomeMy WebLinkAbout2004-0462
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RESOLUTION NO. 2004-46
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO ACKNOWLEDGING A CERTAIN
REPORT, MAKING FINDINGS AND DETERMINATIONS AND
GRANTING OTHER APPROVALS RELATING TO THAT CERTAIN
DISPOSITION AND DEVELOPMENT AGREEMENT BY AND
BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN
BERNARDINO AND THE ESSEX ORANGESHOW COMMERCE
CENTER,LLC
WHEREAS, the City of San Bernardino, California (the "City") is a municipal
corporation and charter city, duly organized and existing pursuant to the provisions of the
constitution of the State of California; and
WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency")
owns certain real property situated within the Central City South Redevelopment Project Area
of the Agency and located at the intersection of Orange Show Road and Arrowhead Avenue
(the "Property"); and
WHEREAS, an MAI appraisal of the Property was conducted in December 2003 by
Smothers Appraisal (the "Appraiser"); and
WHEREAS, according to the report dated December 11, 2003 (the "Appraisal Report"),
prepared by the Appraiser, the fair market value of the Property is Two Million Two Hundred
Twenty Seven Thousand Dollars ($2,227,000); and
WHEREAS, the Agency staff has prepared a draft of a Disposition and Development
Agreement (the "Agreement') for the disposition of the Property to the Essex Orangeshow
Commerce Center, LLC, a California limited liability company, or its assign (in either case, the
"Developer"), together with a report which summarizes the key terms of the Agreement and
describes the manner in which the proposed disposition of the Property to the Developer will
P:4lgendas\Res�lmi... \R—I.flo-0004\04-0I-02 Essex MCC Resn.dnc
2004-46
1 assist in the elimination of blight (the "33433 Report") in accordance with Health and Safety
2 Code Section 33433; and
3 WHEREAS, as part of the approval process of the tentative tract map submitted by the
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Developer in connection with the Property, the Planning Commission of the City of San
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Bernardino (the "Planning Commission"), pursuant to the provisions of the California
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Environmental Quality Act ("CEQA") and the CEQA Guidelines developed thereunder (the
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"CEQA Guidelines"), conducted an initial study to ascertain whether the proposed Project may
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9 have a significant effect on the environment; and
10 WHEREAS, the initial study identified potentially significant effects on the environment
i 1 in connection with the proposed Project; and
12 WHEREAS, the Planning Commission has imposed certain conditions on the Project
13 which would avoid or mitigate the potentially significant effects on the environment, and the
14 Developer has agreed to implement such conditions; and
15 WHEREAS, on November 18, 2003, following a duly noticed public hearing, the
16 planning Commission adopted a Mitigated Negative Declaration with respect to the Project in
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accordance with the provisions of CEQA and the CEQA Guidelines; and
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WHEREAS, the City has considered the initial study and the Mitigated Negative
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Declaration and determined that the Planning Commission contemplated all environmental
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effects within the scope of its jurisdiction; and
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22 WHEREAS, it is appropriate for the Mayor and Common Council to take action with
respect to the disposition of the Property to the Developer and the Agreement in accordance
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with Health and Safety Code Section 33433 (a) (1).
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2004-46
1 NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND ORDERED
2 BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, AS
3 FOLLOWS:
4 Section 1. The above recitals are true and correct and incorporated herein by
5 reference.
6 Section 2. On February 2, 2004, the Mayor and Common Council conducted a full
7 and fair joint public hearing with the Community Development Commission of the City of San
8 Bernardino relating to the disposition of the Property by the Agency to the Developer pursuant
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to the terms and conditions of the Agreement. The minutes of the City Clerk for the February 2,
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2004, meeting of the Mayor and Common Council shall include a record of all communication
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and testimony submitted to the Mayor and Common Council by interested persons relating to
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the joint public hearing, the 33433 Report and the approval of the Agreement.
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14 Section 3. This Resolution is adopted in order to satisfy the provisions of Health and
15 Safety Code Section 33433 relating to the disposition and sale of the Property by the Agency to
16 the Developer on the terms and conditions set forth in the Agreement. A copy of the Agreement
17 in the form submitted at the joint public hearing is contained as an attachment to the Staff
19 Report submitted to the Mayor and Common Council for this agenda item. The Mayor and
19 Common Council hereby find and determine as follows:
20 (i) the disposition of the Property by the Agency to the Developer in accordance
21 with the Agreement is consistent with the Redevelopment Plan for the Central City South
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Redevelopment Project (the "Redevelopment Plan");
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(ii) the terms and conditions of the Agreement contain assurances that the Property
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will be used and maintained as contemplated under the Redevelopment Plan;
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2004-46
1 (iii) the purchase price for the Property payable by the Developer to the Agency,
2 subject to the satisfaction of the terms and conditions of the Agreement, is an amount which the
3 Mayor and Common Council determine to be fair, just and reasonable, and the disposition of
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the Property on the terms set forth in the Agreement shall materially benefit and sustain the
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implementation of the Redevelopment Plan and assist the community to alleviate blighting
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conditions; and
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(iv) according to an appraisal conducted with respect to the Property by Smothers
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9 Appraisal Services, the consideration payable by the Developer to the Agency for the
10 disposition of the Property ($2,227,000.00) is not less than the fair market value at its highest
11 and best use in accordance with the Redevelopment Plan.
12 Section 4. The Mayor and Common council hereby find and determine that the sale
13 of the Property pursuant to the Agreement creates no additional environmental effects, not
14 contemplated by the initial study and Mitigated Negative Declaration, requiring further analysis
15 or mitigation and hereby adopt the Mitigated Negative Declaration and direct the Development
16 Services Department of the City to file a Notice of Determination on behalf of the City with
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respect thereto.
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Section 5. The Mayor and Common Council hereby approve, receive and file the
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33433 Report and the Agreement in the forms as on file with the City Clerk at and prior to the
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joint public hearing.
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22 Section 6. The Mayor and Common Council hereby approve the disposition of the
23 Property to the Developer on the terms set forth in the Agreement.
Section 7. This Resolution shall take effect upon its adoption and execution in the
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manner as required by the City Charter.
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P:Wgendns\ResuluOons\Resolutions@004\04-0I-03 Essex MCC Reso.doc
2004-46
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A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO ACKNOWLEDGING A CERTAIN
REPORT, MAKING FINDINGS AND DETERMINATIONS AND
GRANTING OTHER APPROVALS RELATING TO THAT CERTAIN
DISPOSITION AND DEVELOPMENT AGREEMENT BY AND
BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN
BERNARDINO AND THE ESSEX ORANGESHOW COMMERCE
CENTER,LLC
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a it. reg. meeting thereof, held on the
2nd day of February 2004, by the following vote to wit:
Council Members: Ayes Nays Abstain
ESTRADA x
LONGVILLE x
MCGINNIS
%
DERRY
x
SUAREZ
x
ANDERSON
x
MC CAMMACK
x
Absent
qti/IL� t _
Rac el G. Clark, City Clerk
The foregoing resolution is hereby approved this z5'771 _day of February , 2004.
Judith Vjflles, Mayor
City Wan Bernardino
Approved as to form and Legal Content:
� v
By:
y Attorney . w
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