HomeMy WebLinkAbout1998-261
IMPORTANT NOTE - Resolutions
98-261 and 5554 are null and
void because they were not
executed within time specified.
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RESOLUTION NO.
98-261
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO APPROVING A CERTAIN DISPOSITION AND
DEVELOPMENT AGREEMENT BY AND BETWEEN THE REDEVELOPMENT
AGENCY OF THE CITY OF SAN BERNARDINO AND CHARLES DE
COSTA AND LOUISE BASHFORD
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WHEREAS, the Community Development Commission of the
9 City of San Bernardino (the "Commission") on behalf of the
Redevelopment Agency of the City of San Bernardino
(the
"Agency"), is a redevelopment agency, a public body of the State
of California, organized and existing pursuant to the Community
Redevelopment Law (Part I of Division 24) commencing with Section
33000 of the Health and Safety Code of the State of California
(the "Act)"; and
WHEREAS, the Redevelopment Plan for the Northwest
Redevelopment Project (the "Redevelopment Plan") was previously
approved and adopted by the Mayor and Common Council of the City
of San Bernardino (the "Council") by duly authorized Ordinance of
the Council; and
WHEREAS, the Redevelopment Plan provides for the
redevelopment of real property pursuant to the Redevelopment Plan
both within and outside of the redevelopment project area which
is subj ect to the Redevelopment Plan (the "proj ect Area") by
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98-261
owners thereof or by parties seeking to acquire real property
from the Agency; and
WHEREAS, Section 33391 of the Act provides that a
redevelopment agency may acquire any interest in real or personal
property within a redevelopment project area or for the purposes
of redevelopment and Section 33430 of the Act provides that a
redevelopment agency may dispose of any interest in real or
personal property within a redevelopment project area or for the
purposes of redevelopment; and
WHEREAS, the Agency and Charles De Costa and Louise
Bashford (collectively the "Developer") deem it desirable to
enter into a certain Disposition and Development Agreement (the
"Agreement"), a copy of which is attached hereto as Exhibit "A"
and incorporated herein by this reference, pursuant to which,
among other matters, the Developer will acquire from the Agency
certain real property (the "Property") which is located in the
Project Area.
The transaction is for purposes of causing the
redevelopment of the Property including construction thereon by
the Developer of an approximately Sixty Thousand square foot
industrial facility (the "Project"); and
WHEREAS, the Agency Staff had previously prepared and
made available for public inspection a certain Summary Report
(the "Summary") concerning the Agreement, as required by Health
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98-261
and Safety Code Section 33433, a copy of which is on file with
the Agency and is incorporated herein by reference; and
WHEREAS, the Agency and the City have duly noticed and
conducted a public hearing in accordance with the requirements of
Health and Safety Code Sections 33433 and 33431 concerning the
proposed disposition of the Property by the Agency to the
Developer pursuant to the Agreement; and
WHEREAS, based upon evidence and testimony submitted to
the City Council, it is reasonable and appropriate for the City
Council to approve the proposed Agreement.
NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO, DOES HEREBY RESOLVE, DETERMINE AND ORDER
AS FOLLOWS:
Section 1.
The Council finds and determines that
the disposition and development of the Property as described in
the proposed Agreement is within the scope, terms and provisions
of the Redevelopment Plan, is consistent with the Agency's
previously approved Implementation Plan and will help eliminate
blighting conditions in the Project Area by increasing the
assessed valuation in the Project Area and creating a significant
number of employment opportunities.
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98-261
Section 2.
The Council and the Agency have held a
public hearing on the disposition of the Property as described in
the Agreement in accordance with Health and Safety Code Sections
33431 and 33433 and hereby accepts and approves the Summary as
prepared by Agency Staff.
Section 3.
The Council hereby finds and determines
that the conveyance of the Property to the Developer pursuant to
the terms of the Agreement is reasonable and necessary to
effectuate the purposes of the Redevelopment Plan and the
Implementation Plan, in that it will permit the Developer to
develop the Property in order to eliminate blight, to create
employment opportunities and to increase the value of real
property in the Project Area.
Section 4.
The Council hereby further finds and
determines that the consideration to be received by the Agency
through the sale of the Property under this Agreement is equal to
the fair market value of the Property.
Section 5.
The Council hereby approves the proposed
Agreement as attached hereto as Exhibit ftA".
Section 6.
A Program Environmental Impact Report
was
certified
in
connection with
the
adoption
of
the
Redevelopment Plan. The Council finds that no new effects could
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91l-261
occur in connection with the proj ect and no new mitigation
measures are required and therefore no new environmental document
is required pursuant to Section 15168 of the CEQA guidelines.
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98-261
1
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
2 BERNARDINO APPROVING A CERTAIN DISPOSITION AND DEVELOPMENT
AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF
3 SAN BERNARDINO AND CHARLES DE COSTA AND LOUISE BASHFORD
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Section 7.
This Resolution shall take effect upon
6 the date of its adoption.
7 I HEREBY CERTIFY that the foregoing Resolution was duly
8 adopted by the Mayor and Common Council of the City of
9
regular
meeting
San Bernardino at a
thereof, held on the
8th
September
day of
1998, by the following vote, to wit:
Council: AYES NAYS
ESTRADA X
LIEN x
ARIAS x
SCHNETZ x
DEVLIN
ANDERSON x
MILLER x
ABSTAIN
ABSENT
x
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The foregoing resolution is hereby approved this IC~
day of September , 1998.
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r of the City of
Bernardino
Approved as to form and legal content:
fe,
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SBEO/0001/DOC/3359
9/1/98 106 mmc
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