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RESOLUTION NO. CDC/2001-59
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RESOLUTION OF THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF SAN BERNARDINO
REFERRING CERTAIN PROPERTIES TO THE INLAND
VALLEY DEVELOPMENT AGENCY FOR ACQUISITION
PURSUANT TO THAT CERTAIN 1999
REDEVELOPMENT COOPERATION AGREEMENT
DATED JULY 12, 1999 REGARDING THE HUB PROJECT
AND APPROVING OTHER ACTIONS IN CONNECTION
THEREWITH
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WHEREAS, the Inland Valley Development Agency (the "IVDA") was established
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pursuant to a joint exercise of powers agreement in January 1990, for the purpose of assisting in
the conversion, redevelopment and civilian reuse of the former Norton Air Force Base located
within the City of San Bernardino; and
WHEREAS, the member governmental entities of the IVDA include the County of San
Bernardino, a political subdivision of the State of California, the City of Colton, a municipal
corporation, the City of Lorna Linda, a municipal corporation, and the City of San Bernardino, a
California charter city (the "City"); and
WHEREAS, the IVDA was granted specific powers by the State Legislature in 1989
(Statutes 1989, Chapter 545: See now Statutes 1997, Chapter 580 and Health and Safety Code
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Section 33492.40, et seq.) to assist in the redevelopment of the former Norton Air Force Base
and the lands in proximity thereto pursuant to the Community Redevelopment Law (Health and
Safety Code Section 33000, et seq., is hereinafter referred to as the "CRL"); and
WHEREAS, the IVDA adopted the Redevelopment Plan for the Inland Valley
Redevelopment Project Area (the "Redevelopment Plan") in accordance with the provisions of
the CRL, and the Redevelopment Plan provides for certain redevelopment activities to be
undertaken within the redevelopment project area, as more fully described in the
Redevelopment Plan (the "Project Area"); and
WHEREAS, approximately eighty percent (80%) of the Project Area is situated within
the territorial jurisdiction of the City; and
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WHEREAS, the IVDA, the City and the Redevelopment Agency of the City of San
Bernardino (the "Agency") previously entered into an agreement entitled "1999 Redevelopment
Cooperation Agreement", dated as of July 12, 1999, pursuant to which the IVDA, the City and
the Agency initiated the redevelopment of a potion of the Project Area referred to in the 1999
Redevelopment Cooperation Agreement as the "Agency Implementation Area" and which area
has since been referred to by the Agency as the "HUB Project"; and
WHEREAS, the IVDA previously designated the City to serve as the "lead agency" as
this term is defined in the California Environmental Quality Act of 1970, as amended,
("CEQA") for the purpose of conducting an environmental review of the HUB Project; and
WHEREAS, the City certified a Final Environmental Impact Report as of May 21,2001
(the "FEIR") for the HUB Project, in accordance with CEQA; and
WHEREAS, the HUB Project, as analyzed in the FEIR includes the following key
elements:
(i) the realignment and construction of a new public street improvement
project referred to in the FEIR as the Harriman Place Improvement Project;
(ii) the assembly and acquisition of public street right-of-way for the
Harriman Place Improvement Project;
(iii) the assembly of land for the redevelopment of a new commercial retail
shopping center to be undertaken by the Developer and In-N-Out;
(iv) the assembly and exchange of lands for the redevelopment of a restaurant
by In-N-Out as an owner participant in the HUB Project; and
WHEREAS, the Agency has approved a Disposition and Development Agreement,
dated as of May 21,2001, with SBT Partners, LLC, a California limited liability company (the
"Developer") and the Agency also approved an Owner Participation Agreement, dated as of
September 17, 2001, with In-N-Out Burgers, Inc., a California corporation ("In-N-Out") for the
implementation of the commercial shopping center portion of the HUB Project; and
WHEREAS, the Agency transmitted offers to purchase parcels of land situated within
the site of the HUB Project, to the owners of such land; and
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WHEREAS, the Agency has previously transmitted to the IVDA for its consideration
and approval the form of an implementation agreement entitled "Redevelopment Condemnation
Memorandum", dated as of November 5, 2001, that sets forth the procedures for the Agency to
refer properties to the IVDA for acquisition by the IVDA through eminent domain, ifnecessary,
in furtherance of the 1999 Redevelopment Cooperation Agreement and redevelopment of the
HUB Project; and
WHEREAS, at this time, the Agency deems it appropriate to refer certain properties to
the IVDA for acquisition by the IVDA through eminent domain, if necessary, in furtherance of
the 1999 Redevelopment Cooperation Agreement and redevelopment of the HUB Project.
NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE
COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO,
CALIFORNIA, AS FOLLOWS:
Section 1. The recitals of this Resolution are true and correct. On December 17,
2001, the Community Development Commission of the City of San Bernardino (the
"Commission"), as the governing board of the Agency, conducted a public meeting with the
Mayor and Common Council of the City of San Bernardino relating to the matters set forth in
this Resolution. This Resolution evidences the referral by the Agency to the IVDA of a
"Condemnation Parcel" under Section 5(a) of the Redevelopment Condemnation Memorandum.
Section 2. The Commission hereby refers the properties described below by the
name of the property owner listed on the most current property tax assessment roll of the
Assessor of the County of San Bernardino and the property address, to the IVDA for acquisition
by the IVDA through eminent domain, if necessary, in furtherance of the 1999 Redevelopment
Cooperation Agreement and redevelopment of the HUB Project:
Property Owner: HUB Site Property Address:
JAKS, LLC Cleared land southerly of East Rosewood
Kopitzke 1037 East Rosewood
Hwang 1083 East Laurelwood
Jakobsen 1060 and 1072 East Rosewood
Shelton 942,957,969,983, 1015 and 1094 East Rosewood
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CDC/2001-59
Patel
Avila
Luke
Hansen
Kazini
Moreno
1914 South Tippecanoe Avenue
969 East Laurelwood
995 East Rosewood
1048 East Rosewood
914 East Rosewood
1874 Tippecanoe Avenue
Section 3. The Commission hereby authorizes and directs Agency staff to provide to
the IVDA a suitably detailed description of each of the properties being referred to the IVDA by
this Resolution and the ownership thereof, pertinent appraisal information, relocation assistance
information, if applicable, and a copy of the Agency's offer to purchase each such property,
along with other information requested by IVDA staff.
Section 4. This consideration by the IVDA of the acquisition of each of the
properties described in Section 2 shall be subject to the provisions of the Redevelopment
Condemnation Memorandum.
Section 5. This Resolution shall take effect upon adoption.
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CDC/2001-59
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RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE
CITY OF SAN BERNARDINO REFERRING CERTAIN PROPERTIES TO THE
INLAND VALLEY DEVELOPMENT AGENCY FOR ACQUISITION PURSUANT
THAT CERTAIN 1999 REDEVELOPMENT COOPERATION AGREEMENT, DATED
JULY 12, 1999 REGARDING THE HUB PROJECT AND APPROVING OTHER
ACTIONS IN CONNECTION THEREWITH
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
Community Development Commission of the City of San Bernardino at a joint reg. meeting
6 December
thereof, held on the 17th day of ,2001, by the following vote, to wit:
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8 COMMISSION AYES NAYS ABSTAIN ABSENT
ESTRADA X
9 LIEN X
McGINNIS X
10 SCHNETZ X
SUAREZ X
11 ANDERSON X
McCAMMACK
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14 The foregoing Resolution is hereby appr ed this 19m day of December, 2001.
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JUdIth Valles, C
Community D
of the City of
Irperson
lopment Commission
Bernardino
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18 Approved as to form
and legal content:
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STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
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I, Secretary of the Community Development
Commission of the City of San Bernardino, DO HEREBY CERTIFY that the foregoing and
attached copy of Community Development Commission 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 Community Development Commission of the City of San Bernardino this
day of ,2001.
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Secretary of the
Community Development Commission
of the City of San Bernardino
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