HomeMy WebLinkAboutCDC/2000-31
(See Companion Reso. 2000-291)
1 RESOLUTION NO. CDC/2000-31
2 A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE
CITY OF SAN BElUtA:RDINO, AS THE GOVElUtING BODY OF THE
3 REDEVELOPMENT AGENCY OF THE CITY OF SAN BElUtA:RDINO,
APPROVING THAT CERTAIN DISPOSITION AND DEVELOPMENT
4 AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE
CITY OF SAN BElUtA:RDINO AND JERRY AND LILA BURNS, ON THE
5 TERMS SET FORTH IN SUCH AGREEMENT
6 WHEREAS, the Redevelopment Agency of the City of San Bernardino
7 (the "Agency") owns or has a beneficial interest in certain real
8 property situated within the redevelopment project area of the Central
9 City South Project and commonly known as 275 South "G" Street, San
10 Bernardino, California (the "Property"); and
11 WHEREAS, the Agency staff has prepared a draft of a Disposition
12 and Development Agreement (the "Agreement") for the disposition of the
13 Property to Jerry and Lila Burns, husband and wife (the "Purchaser"),
14 together with a report which summarizes the key terms of the Agreement
15 and describes the manner in which the proposed disposition of the
16 Property to the Purchaser will assist in the elimination of blight
17 (the "33433 Report") in accordance with Health and Safety Code Section
18 33433; and
19 WHEREAS, it is appropriate for the Commission to take action with
20 respect to disposition of the Property to the Purchaser and approve
21 the Agreement as set forth in this Resolution.
22 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION ACTING ON
23 BEHALF OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO DOES
24 HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
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Section 1.
On September 18, 2000, the Commission conducted
26 a full and fair joint public hearing with the Mayor and Common Council
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1 of the City of San Bernardino relating to the disposition and
2 redevelopment of the Property by the Purchaser pursuant to the terms
3 and conditions of the Agreement. The minutes of the Agency Secretary
4 for the September 18, 2000, meeting of the Commission shall include
5 a record of all communication and testimony submitted to the
6 Commission by interested persons relating to the joint public hearing,
7 the 33433 Report and the approval of the Agreement.
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Section 2.
A copy of the Agreement in the form submitted at
9 the joint public hearing is on file with the Agency Secretary. The
10 Commission hereby finds and determines as follows:
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(i) the disposition and redevelopment of the Property by the
12 Purchaser in accordance with the Agreement is consistent with the
13 Redevelopment Plan for the Central City South Project and the current
14 Agency Implementation Plan;
15 (ii) the terms and conditions of the Agreement contain assurances
16 that the Property will be redeveloped as contemplated under the
17 Redevelopment Plan;
18 (iii) the purchase price for the Property payable by the Purchaser
19 to the Agency, subject to the satisfaction of the terms and conditions
20 of the Agreement, is an amount which the Commission determines to be
21 fair, just and reasonable, and the disposition of the Property on the
22 terms set forth in the Agreement shall materially benefit and sustain
23 the implementation of the Redevelopment Plan and assist the community
24 to alleviate blighting conditions;
25 (iv) the consideration payable by the Purchaser to the Agency for
26 the disposition of the Property ($130,000.00, less the cost of
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1 installation of a fire sprinkler system on the Property, in cash) is
2 an amount which is not less than the fair market value of the Property
3 at its highest and best use in accordance with the Redevelopment Plan.
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Section 3.
The Commission hereby finds and determines that
5 the acti vi ty to take place on the Property under the terms of the
6 Agreement involves negligible or no expansion of use beyond that
7 previously existing on the Property and is exempt from the provisions
8 of the California Environmental Quality Act ("CEQA") pursuant to
9 Section 21084 of the California Public Resources Code and Article 19
10 of the State CEQA Guidelines developed thereunder.
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Section 4.
The Commission hereby approves, receives and files
12 the 33433 Report and the Agreement in the forms as submitted at the
13 joint public hearing.
14
Section 5.
The Commission hereby approves the disposition of
15 the Property to the Purchaser on the terms set forth in the Agreement.
16 The Chair of Commission and the Executive Director are hereby
17 authorized and directed to execute the Agreement on behalf of the
18 Agency together with such technical and conforming changes as may be
19 recommended by the Executive Director and approved by the Chair of the
20 Commission.
The signatures of the Chair of the Commission and the
21 Executive Director on the Agreement shall be conclusive evidence that
22 the Agreement has taken effect. In the event that the Agreement may
23 not be fully executed by the parties for any reason within thirty (30)
24 days following the date of adoption of this Resolution, the
25 authorization granted to the Chair of the Commission and the Executive
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1 Director to execute the Agreement on behalf of the Agency shall be of
2 no further force and effect.
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Section 6.
Provided that the Agreement has been fully
4 executed by the parties within the period of time set forth in Section
5 5 of this Resolution, the Executive Director of the Agency is hereby
6 authorized and directed to take all actions set forth in the Agreement
7 on behalf
8 therein.
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of the Agency to close the escrow transactions described
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CDC/2000-31
1 A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF
SAN BERNARDINO, AS THE GOVEImING BODY OF THE REDEVELOPMENT AGENCY OF
2 THE CITY OF SAN BERNARDINO, APPROVING THAT CERTAIN DISPOSITION AND
DEVELOPMENT AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE
3 CITY OF SAN BERNARDINO AND JERRY AND LILA BURNS, ON THE TE:BMS SET
FORTH IN SUCH AGREEMENT
4
Section 7. This Resolution shall become effective immediately
5 upon its adoption.
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7 I HEREBY CERTIFY that the foregoing Resolution was duly adopted
8 by the Community Development Commission of the City of San Bernardino
9 at a Joint Regular
meeting thereof, held on the 18th
day
10 of September, 2000, by the following vote, to wit:
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12 Commission ~ NAYS ABSTAIN ABSENT
ESTRADA X
13 LIEN X
MCGINNIS X
14 SCHNETZ X
SUAREZ X
15 ANDERSON X
McCAMMACK X
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The foregoing Resolutio
19 of Septemb€tr 2000.
hereby approved this 2o"t"h. day
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J Valles, Chairperson
C mmu ity Development Commission
o the City of San Bernardino
By:
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