HomeMy WebLinkAbout2001-317
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(See Companion Resolution CDC/2001-39)
1 RESOLUTION NO. 2001-317
2 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO ACKNOWLEDGING RECEIPT OF A REPORT
3 RELATING TO THAT CERTAIN OWNER PARTICIPATION AGREEMENT
BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF
4 SAN BERNARDINO AND IN-N-OUT BURGERS
5 WHEREAS, the City of San Bernardino (the "City"), the Redevelopment Agency ofthe City of
6 San Bernardino (the "Agency") and the Inland Valley Development Agency, ajoint powers authority
7 established under Section 33492.4 et~. of the California Health and Safety Code (the "IVDA") have
8 entered into that certain Redevelopment Cooperation Agreement, dated as ofJuly 12, 1999, pursuant to
9 which the lVDA has granted the Agency the right, power and authority to act for and on behalf of the
10 IVDA for the purposes of exercising the redevelopment powers ofthe lVDA; and
II WHEREAS, an area of the City generally situated along the west side of Tippecanoe Avenue to
12 the north of the right-of-way of the Interstate 10 Freeway referred to as the "HUB Project Site" is
13 included within the Inland Valley Redevelopment Project Area (the "Project Area"); and
14 WHEREAS, the Agency has formerly initiated certain studies and proposals to address a number
15 of issues of community concern on the HUB Project Site relating to blight and conditions associated
16 with obsolete commercial design, deferred maintenance, traffic circulation and conflicting commercial-
17 residential neighborhood property use and community design in an effort to eliminate and prevent the
18 spread of blight from the HUB Project Site; and
19 WHEREAS, in connection with redevelopment of the HUB Project Site, SBT Partners, LLC, a
20 California limited liability company, (the "HUB Developer") submitted a proposal that was the subject
21 of study and evaluation by the City and the Agency; and
22 WHEREAS, the City prepared and certified a Final Environmental Impact Report for the HUB
23 Project (State Clearinghouse No. 2000081074) (the "Final EIR") in connection with the consideration
24 and approval of a Disposition and Development Agreement dated as of May 21, 2001 (the "HUB
25 Disposition and Development Agreement") by and between the Agency and the HUB Developer; and
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1 WHEREAS, following ajoint public hearing conducted by the Mayor and Common Council and
2 the Community Development Commission of the City of San Bernardino (the "Commission"), as the
3 governing board of the Agency, on May 21,2001, the HUB Disposition and Development Agreement
4 was approved; and
5 WHEREAS, the Agency shall acquire the fee or beneficial interest in certain real property located
6 within the HUB Project Site as set forth under the HUB Disposition and Development Agreement and
7 the proposed Owner Participation Agreement by and between In-N-Out and the Agency (the
8 "Agreement"); and
9 WHEREAS, In-N-Out Burgers, a California corporation ("In-N-Out") owns fee title to certain
I 0 real property located at 1944 South Tippecanoe Avenue in the City of San Bernardino (the "Existing In-
11 N-Out Site"), on which In-N-Out currently operates a drive-thru restaurant; and
12 WHEREAS, the Agency desires to acquire certain lands which are adjacent or contiguous with
13 the Existing In-N-Out Site from third parties for the improvement of certain public street facilities and
14 for disposition and redevelopment of a portion thereof (the "Property") to In-N-Out as more fully set
15 forth in the Agreement and the Agency also desires to purchase a portion of the Existing In-N-Out Site
16 from In-N-Out and to transfer said portion to the HUB Developer; and
17 WHEREAS, In-N-Out desires to purchase the Property from the Agency in order to construct
18 a new restaurant on the Property and the remaining portion of the Existing In-N-Out Site as set forth in
19 the Agreement; and
20 WHEREAS, the Agency desires to acquire the Property for community redevelopment purposes
21 and thereafter to transfer the Property to In-N-Out as set forth in the Agreement; and
22 WHEREAS, Agency Staff has prepared a report which summarizes the key terms of the
23 Agreement and describes the manner in which the proposed disposition of the Property to the In-N-Out
24 (following its acquisition by the Agency as set forth in the Agreement) will assist in the elimination of
25 blight in the City (the "33433 Report") in accordance with Health and Safety Code Section 33433; and
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2001-317
1 WHEREAS, it is appropriate for the Mayor and Common Council to take action with respect to
2 the disposition of the Property to In-N-Out and to approve the Agreement and the 33433 Report in
3 accordance with Health and Safety Code Section 33433.
4 NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE
5 MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, AS FOLLOWS:
6 Section 1. On September 4, 2001, as continued to September 17, 2001, the Mayor and
7 Common Council conducted a full and fair joint public hearing with the Commission relating to the
8 disposition of the Property by the Agency to In-N-Out pursuant to the terms and conditions of the
9 Agreement. The minutes of the City Clerk for the September 4,2001, and September 17,200 I, meetings
10 ofthe Mayor and Common Council shall include a record of all communication and testimony submitted
11 to the Mayor and Common Council by interested persons relating to the joint public hearing, the 33433
12 Report and the approval of the Agreement.
13 Section 2. This Resolution is adopted in order to satisfy the provisions of Health and Safety
14 Code Section 33433 relating to the disposition and sale of the Property by the Agency to In-N-Out on
15 the terms and conditions set forth in the Agreement. A copy of the Agreement in the form submitted
16 at the joint public hearing is on file with the Agency Secretary. The Mayor and Common Council hereby
17 find and determine as follows:
18 (i) the acquisition and disposition of the Property by the Agency to In-N-Out in accordance
19 with the Agreement is consistent with the Inland Valley Development Agency Redevelopment Plan for
20 the Project Area and the Inland Valley Development Agency Implementation Plan; and
21 (ii) the terms and conditions ofthe Agreement contain assurances that the Property will be
22 redeveloped by In-N-Out as contemplated under the Redevelopment Plan for the Project Area;
23 (iii) the purchase price for the Property payable by In-N-Out to the Agency, subject to the
24 satisfaction ofthe terms and conditions ofthe Agreement, is an amount which the Mayor and Common
25 Council determine to be fair, just and reasonable, and the disposition of the Property on the terms set
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2001-317
1 forth in the Agreement shall materially benefit and sustain the implementation of the Redevelopment
2 Plan for the Project Area and assist the community to alleviate blighting conditions; and
3 (iv) the consideration payable by In-N-Out to the Agency for the disposition of the Property
4 ($139,060.00, in cash, determined by multiplying the square footage of the Property by $5.00 per gross
5 square foot) is not less than the fair market value ofthe Property at its highest and best use in accordance
6 with the Redevelopment Plan for the Project Area.
7 Section 3. The Mayor and Common Council hereby determine that the Final ElR and Facts,
8 Findings and Statement of Overriding Considerations Regarding the Environmental Effects from the
9 Environmental hnpact Report for the HUB Project, certified and adopted, respectively, by the City prior
10 to the approval ofthe HUB Disposition and Development Agreement are applicable to the consideration
11 of and approval by the Mayor and Common Council of the Agreement. The Mayor and Common
12 Council further find and determine that there are no other significant environmental effects or any
13 differences in the severity of environmental effects associated with the implementation of the
14 Agreement from those assessed in the Final ElR that would require additional environmental review
15 under Public Resources Code Section 21166 or Title 14 California Code of Regulations Sections 15162
16 or 15163.
17 Section 4. The Mayor and Common Council hereby approve, receive and file the 33433
18 Report and the Agreement in the forms as submitted at the joint public hearing together with the
19 technical and conforming changes thereto as may be authorized under the separate resolution of the
20 Agency approving the Agreement as adopted by the Community Development Commission of the City
21 concurrently herewith.
22 Section 5. The Mayor and Common Council hereby approve the disposition ofthe Property
23 to In-N-Out on the terms set forth in the Agreement.
24 Section 6. This Resolution shall take effect upon the date of its adoption.
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2001-317
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A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO ACKNOWLEDGING RECEIPT OF A REPORT
RELATING TO THAT CERTAIN OWNER PARTICIPATION AGREEMENT
BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF
SAN BERNARDINO AND IN-N-OUT BURGERS, INC.
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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 regu1armeeting thereof, held on the
1st day of October, 2001, by the following vote, to wit:
Council;
11 ESTRADA
LIEN
12 MCGINNIS
SCHNETZ
13 SUAREZ
ANDERSON
14 McCAMMACK
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AYES
X
X
X
X
X
X
X
NAYS
ABSTAIN
ABSENT
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C?~h~
City'8lerly
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The foregoing resolution is hereby a this 3(j day of Oct. ,2001.
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Approved as to form and legal content:
21 BY:~ ?~
22
ity Attorney
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