HomeMy WebLinkAbout2000-347
(See companion Resolution No. CDC/2000-42)
RESOLUTION NO. 2000-347
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RESOLUTlON OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO ACKNOWLEDGING RECEIPT OF A REPORT RELATlNG TO THE
PROPOSED DlSPOS1TlON OF CERTAIN LANDS SUBMITTED BY THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND
AUTHORIZING THE SALE OF PROPERTY ON THE TERMS SET FORTH IN A FIRST
AMENDED AND RESTATED DISPOSITlON AND DEVELOPMENT AGREEMENT BY
AND BETWEEN CENTURY CROWELL COMMUNITlES ("DEVELOPER") AND THE
REDEVELOPMENT AGENCY ("AGENCY")
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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 subdivided lands referred to in this Resolution
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collectively as the "Sites" which are situated within the redevelopment project area of the
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Northwest Rcdevelopment Project described as:
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Lot Nos. 6 through 13, inclusive and Lot Nos. 27-42, inclusive of
(i)
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Subdivision Tract Map No. 11261 (the "Phase I Site"); and
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Lot Nos. I through 38, inclusive of Subdivision Tract Map No. 13822 (the
(ii)
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"Phase II Site"); and
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(iii) 1684 Susie Lane, San Bernardino, California, Tract 11261, Lot 19,
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APN# 0269-371-16 (the "Property")
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WHEREAS, the City of San Bernardino (the "City") acquired the Phase I Site under the
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terms of a 1989 tax-defaulted property sale agreement with the County of San Bernardino
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(Westlands Bank) and the Agency acquired the Phase II Site from Dukes-Dukes and
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Associates; and
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WHEREAS, Dukes-Dukes and Associates undertook the redevelopment of the Phase I
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Site and the Phase II Site pursuant to an agreement which was cancelled following the approval
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of an "Agreement for Relinquishment of Rights and Forgiveness of Obligations" dated as of
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February 21, 1994 by and between Dukes-Dukes and Associates and the Agency; and
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WHEREAS, in calendar year 1998, the Agency circulated a written request for
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proposals among qualified developers of affordable single family residential dwelling units in
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which the Agency solicited proposals for the disposition and redevelopment of the Sites on
2 terms acceptable to the Agency, and
3 WHEREAS, based upon a review and evaluation of the proposals submitted to the
4 Agency, the Agency selected the proposal submitted by Century Crowell Communities, L.P., a
5 Califomia limited partnership (the "Developer") for further study and evaluation pursuant to
6 the tern1S of an instrument entitled "Exclusive Right to Negotiate for Property Acquisition and
7 Redevelopment Assistance Between Century Crowell Communities, L.P. and the
8 Redevelopment Agency of the City of San Bernardino" dated as of February 1,1999; and
9 WHEREAS, the Agency and Devcloper on July 19, 1999 entered into a Disposition
10 Development Agreement (the "Agreement") for the disposition of the Sites to the Developer
11 together with a report which summarized the key terms of the Agreement and described the
12 manner in which the proposed disposition of the Sites to the Developer will assist in the
13 elimination of blight (the "33433 Report"); and
14 WHEREAS, the Agency and Developer desire to amend the Agreement, and have
15 prepared the First Amended and Restated Disposition and Development Agreement (the "First
16 Amendment") to the Agreement; and
17 WHEREAS, it is appropriate for the Mayor and Common Council to take the actions
18 with respect to the 33433 Report and the First Amendment and to formalize the transfer of
19 legal title in the Phase I Site to the Agency for disposition and redevelopment pursuant to the
20 Agreement and the First Amendment subject to the conditions set forth in this Resolution.
21 NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY
22 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, AS
23 FOLLOWS:
24 Section I. On December 4, 2000, the Mayor and Common Council conducted a full
25 and fair joint public hearing with the Community Development Commission of the City of San
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Bernardino relating to the disposition and redevelopment of the Sites by the Developer
2 pursuant to the terms and conditions of the First Amendment. The minutes of the City Clerk
3 for the December 4,2000 meeting of the Mayor and Common Council shall include a record of
4 all communication and testimony submitted to the Mayor and Common Council by interested
5 persons relating to the joint public hearing, the 33433 Report and the approval of the First
6 Amendment.
7 Section 2. This Resolution is adopted in order to satisfy the provisions of Health
8 and Safety Code Section 33433 as relate to the disposition and sale of the Sites by the Agency
9 to the Developer on the terms and conditions set forth in the Agreement. A copy of the First
10 Amendment in the form submitted at the joint public hearing is on file with the Agency
II Secretary. The Mayor and Common Council hereby find and determine as follows:
12 (i) the disposition and redevelopment of the Sites by the Developer In
13 accordance with the First Amendment is consistent with the
14 Redevelopment Plan for the Northwest Redevelopment Project and the
15 Agency Implementation Plan;
16 (ii) the terms and conditions of the Agreement contain assurances that the
17 Sites will be redeveloped for affordable single family residential dwelling
18 use purposcs as permitted under the Redevelopment Plan;
19 (iii) the purchase price for the Sites payable by the Developer to the Agency,
20 subject to the satisfaction of the terms and conditions of the Agreement, is
21 an amount which the Community Development Commission has
22 determined to be fair, just and reasonable, and that the disposition of the
23 Sites on the terms set forth in the Agreement shall materially benefit and
24 sustain the implementation of the Redevelopment Plan and assist the
25 community to increase the supply of affordable single family residential
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dwelling units available to persons and households of a low- and moderate
2 income;
3 (iv) the consideration payable by the Developer to the Agency for the
4 disposition of the Sites (e.g.: $114,000 and $115,000 for the property
5 located at 1684 Susie Lane, San Bernardino, California payable to the
6 Agency upon completion of the project subject to the terms of the First
7 Amendment and the assumption by the Developer of the obligation of the
8 Agency to complete any installation of the off-site public improvements
9 for Subdivision Tract Map No. 13822) is an amount which is not less than
10 the fair reuse value of the Sites at the use and with the affordable single
II family dwelling occupancy and maintenance covenants and other terms,
12 conditions and development costs authorized in the First Amendment.
13 Section 3. The Mayor and Common Council hereby find and determine that no
14 further environmental review of the disposition and redevelopment of the Sites of the
15 Developer pursuant to the terms and conditions of the First Amendment is necessary at this
16 time under the California Environmental Quality Act, as amended, in light of the following
17 facts:
(ii)
the final subdivision tract maps for the Sites have previously been
recorded and the redevelopment of the Sites by the Developer pursuant to
the Agreement will not require any revision or change in the approved
subdivision tract maps for the Sites; and
the redevelopment of the Sites by the Developer pursuant to the
Agreement does not involve any new significant increase in the severity of
previously identified environmental effects which were not previously
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(i)
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considered as part of the approval of the subdivision tract maps for the
2 Sites; and
3 (iii) the Sites are situated in the redevelopment project area of the Northwest
4 Redevelopment Project and by virtue of the facts set forth in subparagraph
5 (i) and (ii) above, pursuant to the provisions of Title 14 California Code of
6 Regulation Section 15180, no further review of the potential effect of the
7 redevelopment of the Sites in accordance with the Agreement is required
8 at this time under CEQA and the Final EIR for the Northwest
9 Redevelopment Project.
10 Section 4. The Mayor and Common Council hereby approve, receive and file the
11 33433 Report and the First Amendment in the form as submitted at this joint public hearing.
12 Section 5. The Mayor and Common Council hereby approve the disposition of the
13 Sites by the Agency to the Developer on the terms set forth in the First Amendment; provided
14 however, that nothing in this action by the Mayor and Common Council shall be deemed to be
15 an approval by the City of any matter set forth in Section 2.16(4) of the Agreement, or to
16 otherwise evidence a waiver of any power reserved to the City with respect to the review and
17 approval by the City of any subsequent development project application of the Developer
18 relating to the issuance of development and building permits by the City to the developer for
19 the improvement of the Sites as may be necessary or appropriate.
20 Section 6. Subject to the satisfaction by the Developer and the Agency of the conditions
21 precedent for the close of the escrow transaction as set forth in the First Amendment, the
22 Mayor and the City Clerk are hereby authorized and directed to execute the appropriate form of
23 a quitclaim deed which transfers all of the right, title and interest of the City in the Phase 1 Site
24 to the Agency concurrently upon the close of such escrow transaction.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO ACKNOWLEDGING RECEIPT OF A REPORT RELATING TO THE
PROPOSED DlSPOSITION OF CERTAIN LANDS SUBMITTED BY THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND
AUTHORIZING THE SALE OF PROPERTY ON THE TERMS SET FORTH IN A FIRST
AMENDED AND RESTATED DlSPOS1TION AND DEVELOPMENT AGREEMENT BY
AND BETWEEN CENTURY CROWELL COMMUNITIES ("DEVELOPER") AND THE
REDEVELOPMENT AGENCY ("AGENCY")
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
Joint
Common Council of the City of San Bernardino at a Regular meeting thcreof, held on the
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4th day of December, 2000, by the following vote to wit:
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Council Members: Aves Nays Abstain Absent
ESTRADA x
LIEN x
MCGINNIS x
SCHNETZ x
SUAREZ ~
ANDERSON ~
MC CAMMACK ...x...-
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1<JJ.f!W rOC~
. R~chel 9. q~rk, City Clerk
'1= tJCtVldllL YN d.l/n (v I IDfu:t.r
The foregoing resolution is hereby approved this 5th day of December ,2000.
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,eLf!.~
dith alles, Mayor
City fSan Bernardino
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23 Approved as to form and Legal Content:
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By:
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