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HomeMy WebLinkAbout2001-300 .' , .". " I I. ., \ 1 RESOLUTION NO. 2001-300 2 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING CERTAIN FEE DEFERRALS IN 3 CONNECTION WITH THE KOHL'S DEVELOPMENT PROJECT TO BE LOCATED ON THE FORMER NORTON AIR FORCE BASE 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 Inland Valley Development Agency, ajoint powers authority formed pursuant to Government Code Section 6500 et seq.(the "lVDA"), has entered into a certain Disposition and Development Agreement with Hillwood/San Bernardino, LLC, providing for the purchase by Kohl's Corporation (the "Owner") of that certain property presently owned by the 1VDA and generally situated within a portion of the former Norton Air Force Base referred to by the United States Air Force as "Parcel 1-3" (the "Property") in the City of San Bernardino, California (the "City") and for the redevelopment of the Property by the Owner as a manufacturing, assembly, commercial and/or warehouse building, consisting of not less than 500,000 square feet of gross building area and appropriate on-site vehicle circulation, parking, loading, landscaping and utility facilities (the "Project"); and WHEREAS, it is estimated that the Project, when completed, will generate a substantial number of new jobs presently estimated to initially be 700 jobs and increasing to 1,100 upon full build-out; and WHEREAS, the Owner and the Redevelopment Agency of the City of San Bernardino (the "Agency") propose to enter into an agreement (the "Agency/Owner Agreement") pursuant to which, among other things, the Owner will covenant that a certain percentage of the new jobs will be reserved for residents of the City; and WHEREAS, it is anticipated that, as a result of the Project being constructed within the redevelopment project area of the IVDA, the City will receive from the County of San Bernardino Auditor-Controller increased proceeds of taxes attributable to the one percent (1 %) general property tax rate levied on the assessed valuation of the Property (the "Property Taxes"); and WHEREAS, the City and the Agency propose to enter into an agreement (the "City/Agency Agreement") pursuant to which, among other things, the City will annually pay to the Agency, for a S82001 :26805.2 1 . " 2001-300 j' 1 period often years, an amount equal to the Property Taxes received by the City during the immediately 2 preceding fiscal year (each, a "Property Taxes Payment"); and 3 WHEREAS, it is contemplated that pursuant to the Agency/Owner Agreement, the Agency will 4 pay to the Owner, each year for a ten-year period commencing on the date of the close of escrow with 5 respect to the Property, the Property Taxes Payment; and 6 WHEREAS, the following permitting and impact fees of the City (the "Fees"), each in the 7 anticipated dollar amount as set forth below, are applicable to the Project: 8 Planning $ 3,683.00 9 Engineering Plan Check $ 28,306.00 10 Building Plan Check $ 26,384.16 11 Engineering Construction Permits $ 33,489.00 12 Fire Department Plan Check $ 2,500.00 13 Building Permit $ 21,861.80 14 Traffic Impact Fee $ 73,382.74 15 Cultural Development Fee $ 53,682.32 16 Earthquake Fee $ 2,254.65 17 Sewer Connection Fee $ 54,489.10 18 Storm Drain Fee $101.680.91 19 TOTAL $401,713.68; and 20 WHEREAS, certain IVDA Vehicle Trip Credits will be applied by the Owner which shall 21 constitute payment in whole of the Traffic Impact Fee; and 22 WHEREAS, the Planning, Engineering Plan Check, Building Plan Check, Engineering 23 Construction Permits, Fire Department Plan Check, Building Permit, Cultural Development Fee and 24 Earthquake Fee components ofthe Fees are payable to the General Fund of the City (the "General Fund 25 Fees") and the Sewer Connection Fee and Storm Drain Fee components of the Fees are payable to a 26 Special Fund of the City (the "Special Fund Fees"); and 27 28 SB2001 :26805.2 2 - '. . . 2001-300 1 WHEREAS, the General Fund Fees and the Special Fund Fees, together, are in the amount of 2 $328,330.94; and 3 WHEREAS, to facilitate the development of the Project, it is desirable that the City defer 4 commencement of collection ofthe General Fund Fees and the Special Fund Fees until such time as (i) 5 the City, in any fiscal year, is not required to make a Property Taxes Payment to the Agency or (ii) the 6 City is no longer obligated to make the Property Taxes Payments to the Agency pursuant to the 7 CitylAgency Agreement. 8 NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE 9 MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, AS FOLLOWS: 10 II Section 1. The Recitals set forth above are true and correct. Section 2. The Mayor and Common Council hereby find and determine that development 12 of the Project is in the best interests of the City. 13 Section 3. The Mayor and Common Council hereby approve the deferral of commencement 14 of collection ofthe General Fund Fees and the Special Fund Fees until such time as (i) the City, in any 15 fiscal year, is not required to make a Property Taxes Payment to the Agency or (ii) the City is no longer 16 obligated to make the Property Taxes Payments to the Agency pursuant to the Cityl Agency Agreement. 17 III 18 III 19 III 20 /11 21 /11 22 III 23 24 25 26 27 28 S82001 :26805.2 3 . ' 2001-300 I A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING CERTAIN FEE DEFERRALS IN CONNECTION WITH THE 2 KOHL'S DEVELOPMENT PROJECT TO BE LOCATED ON THE FORMER NORTON AIR FORCE BASE 3 4 5 6 7 8 9 10 11 Section 4. This Resolution shall take effect upon the date of its adoption. 1 HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a i oint reg. meeting thereof, held on the 17th day of September, 2001, by the following vote, to wit: Council: 12 ESTRADA LIEN 13 MCGINNIS SCHNETZ 14 SUAREZ ANDERSON 15 McCAMMACK 16 17 18 19 20 AYES NAYS ABSTAIN ABSENT x x x x x x x ~*~~j~ The foregoing resolution is hereby a ov.ed this :;; /s, day of Sept. ,2001. 21 Approve 22 By: 23 ,41.IlSCIIf. City Attorney 24 25 26 27 28 S82001:26805.2 4