HomeMy WebLinkAbout2001-353
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RESOLUTION NO. 2001-353
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO ACKNOWLEDGING RECEIPT OF A
REPORT RELATING TO THAT CERTAIN DISPOSITION AND
DEVELOPMENT AGREEMENT BY AND BETWEEN THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
AND NEW HOPE MISSIONARY BAPTIST CHURCH
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WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency")
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owns or has a beneficial interest in certain real property situated within the Northwest Project
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Area and commonly known as the Public Enterprise Center located at 1505 W. Highland
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Avenue, San Bernardino, California (the "Property"); and
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WHEREAS, the Agency staff has prepared a draft of a Disposition and Development
Agreement (the "Agreement") for the disposition of the Property to New Hope Missionary
Baptist Church (the "Purchaser"), 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
Purchaser will assist in the elimination of blight (the "33433 Report") in accordance with Health
and Safety Code Section 33433; and
WHEREAS, it is appropriate for the Mayor and Common Council to take action with
respect to the disposition of the Property to the Purchaser and the Agreement in accordance with
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Health and Safety Code Section 33433 (a) (I).
NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE
MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, AS
FOLLOWS:
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Section 1.
On September 17, 2001, the Mayor and Common Council commenced
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the conduct of a full and fair joint public hearing with the Community Development
Commission of the City of San Bernardino relating to the disposition of the Property, which
hearing was continued to, conducted and concluded on November 19,2001. The minutes of the
City Clerk for the September 17, 2001, meeting and for the November 19, 2001, meeting of the
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Mayor and Common Council shall include a record of all communication and testimony
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2001-353
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submitted to the Mayor and Common Council by interested persons relating to the joint public
hearing, the 33433 Report and the approval ofthe Agreement.
Section 2. This Resolution is adopted in order to satisfY the provisions of Health and
Safety Code Section 33433 relating to the disposition and sale of the Property by the Agency to
the Purchaser 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:
(i) the disposition of the Property by the Agency to the Purchaser in accordance
with the Agreement is consistent with the Redevelopment Plan and the current Agency
Implementation Plan for the Northwest Project Area;
(ii) the terms and conditions of the Agreement contain assurances that the Property
will be used and maintained as contemplated under the Redevelopment Plan;
(iii) the purchase price for the Property payable by the Purchaser to the Agency,
subject to the satisfaction of the terms and conditions of the Agreement, is an amount which the
Mayor and Common Council determine to be fair, just and reasonable, and the disposition of
the Property on the terms set forth in the Agreement shall materially benefit and sustain the
implementation of the Redevelopment Plan and assist the community to alleviate blighting
conditions; and
(iv) the consideration payable by the Purchaser to the Agency for the disposition of
the Property ($580,000.00, in cash) is not less than the fair reuse value at the use and with the
covenants and conditions and development costs authorized by the Agreement.
Section 3. The Mayor and Common Council hereby find and determine that the
activity to take place on the Property under the terms of the Agreement involves negligible or
no expansion of use beyond that previously existing on the Property and is exempt from the
provisions of the California Environmental Quality Act ("CEQA") pursuant to Section 21084 of
the California Public Resources Code and Article 19 (Section 15301) of the State CEQA
Guidelines developed thereunder.
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2001-353
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Section 4. The Mayor and Common Council hereby approve, receive and file the
33433 Report and the Agreement in the forms as submitted at the join] public hearing.
Section 5. The Mayor and Common Council hereby approve the disposition of the
Property to the Purchaser on the terms set forth in the Agreement.
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58200134839.1
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2001-353
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO ACKNOWLEDGING RECEIPT OF A REPORT RELATING TO
2 THAT CERTAIN DISPOSITION AND DEVELOPMENT AGREEMENT BY AND
BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN
3 BERNARDINO AND NEW HOPE MISSIONARY BAPTIST CHURCH
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Section 6.
This Resolution shall take effect upon the date of its adoption.
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
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Common Council of the City of San Bernardino at a ioint reg. meeting thereof, held on the
19th day of November, 2001, by the following vote, to wit:
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Council: AYES NAYS
ESTRADA x
LIEN x
MCGINNIS x
SCHNETZ x
SUAREZ x
ANDERSON
McCAMMACK x
ABSTAIN ABSENT
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x
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~~ctm~~~
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The foregoing resolution is he~ftProved1his '3:/
~~;. .
Frank Schnetz, Mayor Pro Tern
City of San Bernardino
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Approved as to form and legal content:
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By:
City Attorney
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SB200L34839.1
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STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
2 CITY OF SAN BERNARDINO )
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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 of that
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
City of San Bernardino
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