HomeMy WebLinkAbout2001-125
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(See Resolutions 2001-126, 2001-127, 2001-128, CDC/2001-20, CDC/2001-21j'
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RESOLUTION NO. 2001-125
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RESOLUTION OF THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO
ACKNOWLEDGING RECEIPT OF A REPORT
PREPARED PURSUANT TO HEALTH AND SAFETY
CODE SECTION 33433, AND MAKING CERTAIN
FINDINGS AND DETERMINATIONS IN CONNECTION
WITH THE CONSIDERATION BY THE COMMUNITY
DEVELOPMENT COMMISSION OF THE CITY OF SAN
BERNARDINO AND APPROVING THE EXECUTION OF
A CERTAIN DISPOSITION AND DEVELOPMENT
AGREEMENT BY THE REDEVELOPMENT AGENCY OF
THE CITY OFSAN BERNARDINO AND SBT PARTNERS,
LLC (HUB PROJECT)
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WHEREAS, an area of the City of San Bernardino (the "City") generally situated along
the west side of Tippecanoe A venue to the north ofthe right-of-way ofthe Interstate 10 Freeway
referred to as the "HUB Project Site" or the "Site" is included within the redevelopment project
area of the Inland Valley Development Agency, a joint powers authority which was formed
pursuant to Health and Safety Code Sections 33492.10 et gm., for the purpose of assisting in the
conversion and civilian reuse of the former Norton Air Force Base and other lands situated in
the City; and
WHEREAS, the Inland Valley Development Agency, the City and the Redevelopment
Agency of the City of San Bernardino (the "Agency") have entered into an agreement entitled
"1999 Redevelopment Cooperation Agreement" dated as ofJuly 12, 1999 (the "Redevelopment
Cooperation Agreement"), pursuant to which the Inland Valley Development Agency has granted
the Agency the right, power and authority to act for and on behalf of the Inland Valley
Development Agency for the purposes of exercising the redevelopment powers of the Inland
Valley Development Agency; and
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WHEREAS, the Site ~ontains residentially and commercially developed properties, and
the Agency has initiated certain studies and proposals to address a number of issues of
community concern in the Site relating to blight and conditions associated with obsolete
commercial design, deferred maintenance, traffic circulation and commercial-residential
neighborhood property use conflicts and community design in an effort to eliminate and prevent
the spread of blight from the Site; and
WHEREAS, SBT Partners, LLC (the "Developer") has submitted a redevelopment
proposal for the Site which has been the subject to study and evaluation by the City and the
Agency, and the City has prepared and certified a Final Environmental Impact Report for the
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HUB Project (State Clearinghouse No. 2000081074) in connection with the consideration and
approval of a Disposition and Development Agreement, dated as of May 21, 2001, (the
"Agreement"), by and between the Agency and the Developer; and
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WHEREAS, the Agency has also prepared a report dated May 7, 2001, (the "33433
Report") which contains an analysis of the Agreement, in accordance with Health and Safety
Code Section 33433.
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WHEREAS, the City and the Agency have scheduled a joint public hearing to consider
the receipt and approval of the 33433 Report and the Agreement.
NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE
MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO,
CALIFORNIA, AS FOLLOWS:
Section 1. On May2l, 2001, the Mayor and Common Council conducted a full and
fair joint public hearing with the Community Development Commission of the City of San
Bernardino and considered the written Agency staff report, the 33433 Report and the testimony
submitted relating to the disposition and redevelopment ofa substantial portion of the Site (the
"Property" or the "Phase I Site and the "Phase II Site") by the Developer pursuant to the terms
and conditions of the Agreement. The minutes of the City Clerk for the May 21,2001, meeting
of the Mayor and Common Council shall include a record of all communication and testimony
submitted to the Mayor and Common Council by interested persons relating to the joint public
hearing, the 33433 Report and the approval of the Agreement.
Section 2. This Resolution is adopted in order to satisfy the provisions of Health and
Safety Code Section 33433 as relate to the disposition and sale of the Property by the Agency
to the Developer on the terms and conditions set forth in the Agreement. A copy of the
Agreement in the form submitted at the joint public hearing is on file with the Agency Secretary.
The Mayor and Common Council hereby find and determine as follows:
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(i) the disposition and redevelopment of the Property by the Developer in
accordance with the Agreement is consistent with the Redevelopment Plan for the Inland
Valley Redevelopment Project Area and the Inland Valley Development Agency
Implementation Plan;
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(ii) the terms and conditions of the Agreement contain assurances that the
Property will be redeveloped by the Developer as permitted under the Redevelopment
Plan for the Inland Valley Redevelopment Project Area;
(iii) the consideration payable by the Developer to the Agency as the purchase
price for the Property, subject to the satisfaction of the terms and conditions of the
Agreement, is an amount which:
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(A) in the case of the "Phase I Site", as defined in the Agreement, is
not less than fair market value, and is more than the fair reuse value at its highest
and best use, as set forth in the 33433 Report; and
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(B) in the case of the "Phase II Site", as defined in the Agreement, is
not less than the current fair market value as set forth in the 33433 Report if the
Developer elects to purchase the Phase II Site within 18 months, following the
execution of the Agreement, and if the Developer elects to purchase the Phase II
Site after 18 months but before 60 months from the execution ofthe Agreement,
then the amount payable by the Developer shall be the then current fair market
value, increased by any increases in the Agency acquisition costs, all as more
fully set forth in the Agreement.
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(iv) the disposition of the Property to the Developer on the terms set forth in
the Agreement shall assist in the elimination of blight on the Property.
Section 3. The Mayor and Common Council hereby find and determine that the
environmental review of the approval of the Agreement and the redevelopment activities
contemplated thereunder has been fully evaluated in the FEIR, as certified concurrently with the
adoption ofthis Resolution.
Section 4. The Common Council hereby authorizes an allocation of Community
Development Block Grant funds for City Fiscal Year 2001-02 in the amount of $350,00000
which is hereby reserved for use and application by the Agency to pay for building demolition
costs in connection with its acquisition of the "Street Parcels" and the improvement of the
"Harriman Place Improvement Project" under the Agreement. The Common Council hereby
further authorizes an allocation of the City HOME funds for City Fiscal Year 2001-02 in the
amount of $650,000 which is hereby reserved for use and application by the Agency to pay for
relocation costs payable to persons displaced by the implementation of the Agreement.
Section 5. The Common Council hereby approves and receives the 33433 Report and
the Agreement in the form as submitted at this joint public hearing.
Section 6. The City is not a party to the Agreement, and nothing in this Resolution
shall be deemed to constitute an approval by the City of any application for a development
project permit or approval which the Developer may hereafter be required to obtain from the City
as a condition precedent to the performance ofthe Developer's obligation under the Agreement
with respect to the "Phase I Project", or later with respect to the "Phase II Project". The City
hereby reserves its discretion under all applicable law to approve or reject, and to impose any
appropriate condition of its approval on any such development project permit application as the
Developer may submit to the City in connection with the Phase I Project or the Phase II Project.
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Section 7. The Common Council hereby approves the disposition ofthe Property by
the agency to the Developer on the terms set forth in the Agreement.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO ACKNOWLEDGING RECEIPT OF A REPORT PREPARED
PURSUANT TO HEALTH AND SAFETY CODE SECTION 33433, AND MAKING
CERTAIN FINDINGS AND DETERMINATIONS IN CONNECTION WITH THE
CONSIDERATION BY THE COMMUNITY DEVELOPMENT COMMISSION OF THE
CITY OF SAN BERNARDINO AND APPROVING THE EXECUTION OF A CERTAIN
DISPOSITION AND DEVELOPMENT AGREEMENT BY THE REDEVELOPMENT
AGENCY OF THE CITY OF SAN BERNARDINO AND SBT PARTNERS, LLC (HUB
PROJECT)
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Section 8.
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This Resolution shall take effect upon adoption.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a joint regular meeting thereof, held
on the 21st day of May ,2001, by the following vote, to wit:
Commission
ESTRADA
LIEN
McGINNIS
SCHNETZ
SUAREZ
ANDERSON
McCAMMACK
AYES
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X
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X
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X
NAYS
ABSTAIN
ABSENT
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The foregoing Resolution is hereby approved this _ 25th day of May
,2001.
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Approved as to form
and legal content:
t.
City Attorney
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th Valles, Mayor
of San Bernardino
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STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, City Clerk of the City of San Bernardino, DO
HEREBY CERTIFY that the foregoing and attached copy of Mayor and Common Council of
the City of San Bernardino Resolution No. is a full, true and correct copy ofthat now
on file in this office.
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IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official
seal of the Mayor and Common Council of the City of San Bernardino this day of
,2001.
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City Clerk
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