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Home My WebLink AboutCDC/2003-16 RESOLUTION NO. CDC/2003-16 2 3 A 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 (PHASE II). 4 5 6 7 WHEREAS, the Inland Valley Development Agency (the "IVDA") was established 8 9 pursuant to a joint exercise of powers agreement in January I 990, for the purpose of assisting in the conversion, redevelopment and civilian reuse of the former Norton Air Force Base located 10 11 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 12 13 14 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 15 16 17 Section 33492.40, et seq.) to assist in the redevelopment of the former Norton Air Force Base 18 and the lands in proximity thereto pursuant to the Community Redevelopment Law (Health and Safety Code Section 33000, et seq., is hereafter referred to as the "CRL"); and WHEREAS, the IVDA adopted the Redevelopment Plan for the Inland Valley 19 20 21 Redevelopment Project Area (the "Redevelopment Plan") in accordance with the provisions of 22 the CRL, and the Redevelopment Plan provides for certain redevelopment activities to be 23 undertaken within the redevelopment project area, as more fully described in the 24 Redevelopment Plan (the "Project Area"); and WHEREAS, approximately eighty percent (80%) of the Project Area is situated within 25 the territorial jurisdiction of the City; and -1- P:\Clerical Services Dept\.'\1argaret Parker\Resolutions\2003\03-0S-05 HUB CDC A Reso.doc CDC/2003-16 WHEREAS, the IVDA, the City and the Redevelopment Agency of the City of San 2 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 3 4 the Agency initiated the redevelopment of a portion of the Project Area referred to in the 1999 5 Redevelopment Cooperation Agreement as the "Agency Implementation Area" and which area 6 has since been referred to by the Agency as the "HUB Project;" and 7 WHEREAS, the IVDA previously designated the City to serve as the "lead agency" as 8 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 9 10 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 11 12 elements: 13 (i) the realignment and construction of a new public street improvement project 14 referred to in the FEIR as the Harriman Place Improvement Project; 15 (ii) the assembly and acquisition of public street right-of-way for the Harriman Place 16 Improvement Project; 17 (iii) the assembly of land for the redevelopment of a new commercial retail shopping 18 center to be undertaken by the Developer and In-N-Out; 19 (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 20 21 WHEREAS, the Agency has approved a Disposition and Development Agreement (the "DDA"), dated as of May 21, 2001, with SBT Partners, LLC, a California limited liability 22 23 company (the "Developer") and the Agency also approved an Owner Participation Agreement, 24 dated as of September 17,2001, with In-N-Out Burgers, Inc., a California corporation ("In-N- 25 Out") for the implementation of the commercial shopping center portion of the HUB Project; and -2- P:\C1erical Services Dept\Margaret Parker\Resolutlons\2003\03.05-05 HUB CDC A Reso.doc CDC/2003-16 WHEREAS, SBT Partners, LLC, has exercised its option under the DDA with respect to Phase 2 II; and 3 WHEREAS, the IVDA transmitted offers to purchase parcels of land situated within the site of 4 the HUB Project to the owners of such land; and 5 WHEREAS, the Agency has previously transmitted to the IVDA for its consideration and 6 approval the form of an implementation agreement entitled "Redevelopment Condemnation 7 Memorandum," dated as of November 5, 2001, that sets forth the procedures of the Agency to refer 8 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 9 10 Project; and 11 WHEREAS, at this time, the Agency deems it appropriate to refer certain Phase II properties to the IVDA for acquisition by the IVDA through eminent domain, if necessary, in furtherance of the 1999 12 Redevelopment Cooperation Agreement and redevelopment of the HUB Project. 13 14 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS FOLLOWS: 15 16 Section 1. The recitals of this Resolution are true and correct. On December 17,2001, the 17 Community Development Commission of the City of San Bernardino (the "Commission"), as the goveming 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 18 19 20 the referral by the Agency to the IVDA of a "Condemnation Parcel" under Section 5(1) of the 21 Redevelopment Condemnation Memorandum. 22 The Commission hereby refers the properties described below by the name of Section 2. 23 the property owner listed on the most current property tax assessment roll of the Assessor of the County 24 of San Bernardino and the property address, to the IVDA for acquisition by the IVDA through eminent 25 domain, if necessary, in furtherance of the 1999 Redevelopment Cooperation Agreement and redevelopment ofthe HUB Project: -3- P:\Clerlcal Services Dept\Margaret Parker\Resolutions\2003\03-0S-05 HUB CDC A Reso.doc CDC/2003-16 2 Property Owner Nelson HUB Site Property Address 1036 East Laurelwood 982 East Laurelwood 3 Liaou 4 Perpuly Shelton 956 East Laurelwood 930 East Laurelwood 5 Nanney-Wong 904 and 916 East Laurelwood 6 The Commission hereby authorizes and directs Agency Staff to provide Section 3. 7 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. 8 9 10 11 Section 4. This consideration by the IVDA of the acquisition of each of the 12 properties described in Section 2 shall be subject to the provisions of the Redevelopment Condemnation Memorandum. 13 14 Section 5. The Executive Director of the Agency is hereby authorized and directed 15 in consultation with the Executive Director of the IVDA to make recommendations regarding the acceptance by the Agency of counteroffers or other responses of property owners identified in Section 2 of the Resolution for the acquisition by the Agency of their property for the HUB Project. If at any time prior to the date when the governing board of the IVDA may take final action to initiate condemnation proceedings to acquire any of the properties described in Section 2 of this Resolution, such property owner may confirm in writing addressed to the Executive Director of the Agency its acceptance of the offer of the Agency and/or the IVDA to acquire such property from the property owner, the Executive Director of the Agency is authorized and directed, in consultation with the Executive Director of the IVDA, to prepare and deliver to such property owner a "Site Parcel Agreement," as this term is defined in the Redevelopment Condemnation Memorandum, which incorporates the terms of the Agency's prior written offer for final approval by the Commission. 16 17 18 19 20 21 22 23 24 25 Section 6. The Resolution shall become effective immediately upon its adoption. -4- P:\Clerlcal Services Dept\Margaret Parker\Resolutlons\2003\OJ-OS-OS HUB eDe A Reso.doc 2 3 4 5 6 7 20 21 22 23 24 25 CDC/2003-16 A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO REFERRING CERTAIN PROPERTIES TO THE INLAND V ALLEY 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 (PHASE II). I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community Development Commission of the City of San Bernardino at a it. reg. meeting "-L.~ Ju~ Valles, Chairperson ~ munity Development Commission of e City of San Bernardino ! / '\ / By: -5- P:\Clerical Services Dept\Margaret Parker\Resolutlons\2003\03-0S.05 HUB CDC A Reso.doc