HomeMy WebLinkAboutR12-Economic Development
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EC.OMIC DEVELOPMENT AGE.Y
OF THE CITY OF SAN BERNARDINO
REOUEST FOR COMMISSION/COUNCIL ACTION
FROM: TIMOTHY C. STEINHAUS
Agency Administrator
SUBJECT:
W AL-MART SHOPPING
COMPLEX UTILITY
UNDERGROUNDING AT
IDGHLAND & PIEDMONT
DRIVE
DATE: May 26, 1995
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Smollsis of Previous Commission/Council/Committee Action(s):
Development Agreement #91-02 provides that the City install required street improvements along HigWand
Avenue.
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Recommended Motion(s):
(Mavor and Common Council)
MOTION A:
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF
AN AGREEMENT WITH SOUTHERN CALIFORNIA EDISON COMPANY FOR
REPLACEMENT OF OVERHEAD WITH UNDERGROUND DISTRIBUTION FACILITIES
RELATIVE TO CABLING INIDGHLANDAVENUEAND PIEDMONT DRIVE AT THE WAL-
MART DEVELOPMENT.
(Motions Continued to Next Pa2e...)
TIMOTHY C. STEINHAUS
Agency Administrator
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Contact Person(s): Timothv C. Steinhaus/Sue Morales
Phone: 5081
Project Area(s): N/A
Ward(s): Four (4)
Supporting Data Attached: StaffRellort. Aweement: Resolutions(2)
FUNDING REQUIREMENTS:
Amount: $ 40.882.98
Source: Bond Proceeds
Budget Authority: Reauested Acct #650-0 I 70
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Commission/Council Notes:
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COMMISSION MEETING AGENDA
MEETING DATE: 06/05/1995
Agenda Item Number: J ;,;).
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REQUEST FOR COMMISSIONamCIL ACTION
WaI-Mart Shopping Complex
May 26, 1995
Page Number -2-
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Recommended Motion(s) Continued:
MOTION B: RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF
AN AGREEMENT WITH HIGHLAND & BOULDER PARTNERS RELATIVE TO
UNDERGROUNDING UTILITIES ON HIGHLAND AVENUE AND PIEDMONT DRIVE AT
WAL-MART DEVELOPMENT.
MOTION C: RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, MAKING FINDINGS AND DETERMINATIONS AS TO THE
BENEFIT TO VARIOUS REDEVELOPMENT PROJECT AREAS OF CERTAIN
UNDERGROUNDING IMPROVEMENTS.
(Community Development Commission)
MOTION D: RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF
SAN BERNARDINO, CALIFORNIA, MAKING FINDINGS AND DETERMINATIONS AS TO
THE BENEFIT TO VARIOUS REDEVELOPMENT PROJECT AREAS OF CERTAIN
UNDERGROUNnING IMPROVEMENTS AND APPROVING A REIMBURSEMENT
AGREEMENT.
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COMMISSION MEETING AGENDA
MEETING DATE: 06/05/1995
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Agenda Item Number:
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ECON~IC DEVELOPMENT A&NCY
STAFF REPORT
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Wal-Mart ShODDiDl! ComDlex Utility UDdergroundiDl!
At Highland and Piedmont Drive
Previously, the City approved Conditional Use Permit No. 91-26 for the Wal-Mart shopping
center complex on Highland Avenue. One of the conditions of approval was that the overhead
utilities along Highland Avenue and Piedmont Drive be undergrounded. In addition,
Development Agreement No. 91-02 provided that the City install the required street
improvements along Highland Avenue.
The developer, Highland and Boulder Partners, has expressed the opinion that the provision in the
Development Agreement for the City to install street improvements along Highland Avenue
included the undergrounding the overhead utilities. Extensive meetings have been held with the
developer and the City Engineer in an effort to resolve this issue and allow the development to be
completed. Southern California Edison requires that the cost be paid, or that a commitment be
made to pay, before they will schedule the undergrounding.
It has been determined that the undergrounding will be done in two phases. The first will be the
installation of conduit and appurtenant structures by the City, then pulling cables by Edison.
Below is an estimate of the cost.
Item of Work Highland Avenue Piedmont Drive Total
e Cabling (SCE) $ 81,765.96 $ 50,044.94 $131,810.90
Conduit & $ 77.881.90 Unknown
Structures (City) $159.647.86
The proposed agreements provide for the following to occur:
Agreement A:
The City agrees to pay $131,810.90 to Southern California Edison for the
cabling, and concurrently with the execution of the agreement, the City installs
the conduit and appurtenant structures. Also, Edison agrees to complete the
undergrounding by installing the necessary cabling in the conduit and structures
installed by the City.
Agreement B:
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Provided that the City enters into the proposed agreement with Edison for
cabling on Highland Avenue and Piedmont Drive, and that the conduit and
underground structures are installed on Highland Avenue at the sole cost of the
City, the Wal-Mart developer, Highland and Boulder Partners, agrees to
reimburse the City for Edison's cabling costs for Piedmont Drive, and one-half
(112) of the costs incurred for the installation of the conduit and appurtenant
structures, and cabling by Edison for Highland Avenue.
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COMMISSION MEETING AGENDA
MEETING DATE: 06/05/1995
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Agenda Item Number: ,-
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ECONOMIC DEVELOP~ AGENCY STAFF REPORT .
Wal-Mart Shopping Complex
May 26, 1995
Page Number -2-
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Highland Avenue
Piedmont Drive
Totals
Total Cabling Cost
$ 81,765.96
$ 50.044.94
$131,810.90
Reimbursement to City
$ 40,882.98
$ 50.044.94
$ 90,927.92
In addition, funds will need to be provided for the entire cabling costs, since
the agreement with Highland and Boulder Partners provides that the
reimbursement to the City will be made in two equal instaIlments, six months
and twelve months after completion of the work.
Agreement C:
The Economic Development Agency agrees to reimburse the City for its costs
for Highland Avenue less the amount of reimbursement provided by Highland
and Boulder Partners ($40,882.98). In order to accomplish this, it is necessary
for the City and Commission to approve the attached resolutions which make
findings and determinations that the public improvements promote the
development of the City's redevelopment project areas and encourage
development on a major entrance to the City, which provides access to and
from tht:' various redevelopment project areas.
Based on the foregoing, staff recommends adoption of the form motions "A", "B", "c" and "D".
1)(
TIMOTHY C. STEINHAUS, Agency Administrator
Economic Development Agency
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COMMISSION MEETING AGENDA
MEETING DATE: 06/05/1995
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Agenda Item Number:
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AGREEMENT REGARDING THE REIMBURSEMENT OF THE COSTS
OF UNDERTAKING CERTAIN PUBLIC RIGHT-OF-WAY
IMPROVEMENTS
(GIFFORD STREET)
THIS AGREEMENT REGARDING THE REIMBURSEMENT OF THE COSTS
OF UNDERTAKING CERTAIN PUBLIC RIGHT-OF-WAY IMPROVEMENTS (the
"Agreement") is made this day of , 1995, by and between the
Inland Valley Development Agency, a joint powers authority duly organized and
established under California law (the "IVDA") and the Redevelopment Agency of the
City of San Bernardino, a redevelopment agency duly organized and operating pursuant
to the provisions of the California Community Redevelopment Law (the" Agency").
RECITALS
WHEREAS, the IVDA was established by the legislative bodies of the
County of San Bernardino, the City of San Bernardino, a charter city, the City of Loma
Linda, a charter city, and the City of Colton, a general law city ("Members"); and
e WHEREAS, on January 24, 1990, a certain Joint Exercise of Powers
Agreement became effective which set forth the purposes and powers of the IVDA in
connection with the adoption of a redevelopment plan and the acquisition and
operation of the Norton Air Force Base property; and
WHEREAS, on February 12, 1990 and February 13, 1990, the Members
approved and authorized the execution of a certain Amended Joint Exercise of Powers
Agreement ("Amended Agreement") which amended and superseded the Joint
Exercise of Powers Agreement; and
WHEREAS, the IVDA has previously caused the adoption of a
Redevelopment Plan which incorporates within its Project Area boundaries certain
territory within the jurisdiction of the City of San Bernardino; and
WHEREAS, the IVDA has deemed it desirable to cause the undertaking
of certain right-of-way improvements (the "Right-of-Way Improvements") to a portion
of Gifford Street which is located within the City of San Bernardino between Central
Avenue and Mill Street and within the project area boundaries of the IVDA
Redevelopment Project Area (the "Project Area"); and
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WHEREAS, the IVDA has requested that the Agency assist in the
development of the Right-of-Way Improvements and has deemed it desirable to fund
the costs of the Right-of-Way Improvements by reimbursing the Agency for the cost
thereof in an amount not to exceed $25,000; and
WHEREAS, the IVDA deems it desirable to designate the Agency as its
agent in connection with undertaking of the Right-of-Way Improvements; and
WHEREAS, the IVDA and the Agency now desire to enter into this
Agreement in order to accomplish the reimbursement by the IVDA to the Agency of
the costs of undertaking the Right-of-Way Improvements which will be incurred by the
Agency on behalf of the IVDA.
NOW, THEREFORE, the IVDA and the Agency hereby agree as follows:
AGREEMENT
1. The IVDA hereby designates the Agency to act as its agent in
connection with the acquisition, construction, and installation of the Right-of-Way
Improvements and to take all actions on its behalf to ensure the construction of the
Right-of-Way Improvements in a manner consistent with all applicable laws, rules and
regulations.
2. Upon completion of the Right-of-Way Improvements, the Agency
shall submit written evidence to the IVDA regarding the Agency's expenditures in
connection with undertaking the Right-of-Way Improvements.
3. Upon receipt of written evidence of the completion of the Right-of-
Way Improvements and the incurrence of costs in connection therewith, the IVDA
agrees to reimburse the Agency for the actual costs thereof in an amount not to
exceed Twenty Five Thousand Dollars ($25,000).
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IN WITNESS WHEREOF, the IVDA and the Agency have executed this
Agreement on the date first above written.
INLAND VALLEY DEVELOPMENT AGENCY
By
Secretary
APPROVED AS TO FORM AND LEGAL CONTENT:
By:
Agency Counsel
REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO
By
Director
Secretary
APPROVED AS TO FORM AND LEGAL CONTENT:
By:
Agency Counsel
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AGREEMENT REGARDING THE REIMBURSEMENT OF THE COSTS
OF UNDERTAKING CERTAIN UNDERGROUNDING
IMPROVEMENTS
(HIGHLAND AVENUE)
THIS AGREEMENT REGARDING THE REIMBURSEMENT OF THE COSTS
OF UNDERTAKING CERTAIN UNDERGROUNDING IMPROVEMENTS (the. Agreement")
is made this _ day of
, 1995, by and between the City of San
Bernardino. a municipal corporation, duly organized and established under California
law (the "City") and the Redevelopment Agency of the City of San Bernardino, a
redevelopment agency duly organized and operating pursuant to the provisions of the
e California Community Redevelopment Law (the "Agency").
RECITALS
WHEREAS, the City of San Bernardino, Califomia (the .City"), is a
municipal corporation and a charter city duly created and existing pursuant to the
Constitution and the laws of the State of California (the "City"); and
WHEREAS, the Community Development Commission of the City of San
Bernardino (the "Commission") on behalf of the Redevelopment Agency of the City of
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San Bernardino (the" Agency"), is a redevelopment agency, a public body, corporate
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and politic of the State of California, organized and existing pursuant to the
Community Redevelopment Law (Part 1 of Division 24 commencing with
Section 33000) of the Health and Safety Code of the State of California (the "Act");
and
WHEREAS, the Agency and City have previously caused the adoption of
numerous Redevelopment Plans within the City; and
WHEREAS, the Agency and City have deemed it desirable to cause the
undergrounding of certain utilities (the "Undergrounding Improvements") to a portion
of Highland Avenue and Piedmont Street which is located within the City of San
e Bernardino; and
WHEREAS, the Agency has requested that the City assist in the
undertaking of the Undergrounding Improvements and has deemed it desirable to fund
a portion of the costs of the Undergrounding Improvements by reimbursing the City
an amount not to exceed Forty Thousand Dollars ($40,000); and
WHEREAS, the City and the Agency now desire to enter into this
Agreement in order to accomplish the construction of the Undergrounding
Improvements by the City and reimbursement by the Agency to the City of the costs
thereof which will be incurred by the City.
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NOW, THEREFORE, the City and the Agency hereby agree as follows:
AGREEMENT
1 . The City agrees to cause the construction and installation of the
Undergrounding Improvements. In connection with the completion of the
Undergrounding Improvements, the City shall submit written evidence to the Agency
regarding the City's expenditures in connection with the construction and installation
of the Undergrounding Improvements.
.2. Upon receipt of written evidence of the completion of the
e Undergrounding Improvements and the incurrence of costs in connection therewith,
the Agency agrees to reimburse the City for the actual costs thereof in an amount not
to exceed Forty Thousand Dollars ($40,000).
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IN WITNESS WHEREOF, the City and the Agency have executed this
Agreement on the date first above written.
Secretary
CITY OF SAN BERNARDINO
By
APPROVED AS TO FORM AND LEGAL CONTENT:
By:
City Attorney
Secretary
REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO
By
Acting Director
APPROVED AS TO FORM AND LEGAL CONTENT:
By:
Agency Counsel
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