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Home My WebLink About2005-414 NOTE: SEE COMPANION RESOLUTION NO. CDC/2005-45 RESOLUTION NO. 2005-414 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN OF SAN BERNARDINO APPROVING THE 2005 DISPOSITION AND DEVELOPMENT AGREEMENT ("DDA") BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") AND ARROWHEAD CENTRAL CREDIT UNION, A CALIFORNIA CORPORATION ("DEVELOPER") (AGENCY PROPERTY LOCATED NORTH OF MILL STREET, WEST OF "E" STREET (APN: 0136-111-22) - 8.2 ACRES IN THE CITY OF SAN BERNARDINO) ("PROPERTY") AND MAKING CERTAIN FINDINGS THERETO RELATED TO THE DEVELOPMENT OF THE PROJECT (CENTRAL CITY SOUTH REDEVELOPMENT PROJECT AREA) 3 4 5 6 7 8 9 WHEREAS, the City of San Bernardino, California (the "City"), is a mUlllclpa 10 corporation and charter city, duly organized and existing pursuant to the provisions of th constitution of the State of California; and 11 12 WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency") is a public body, corporate and politic existing under the laws of the State of California, Healt and Safety Code 33101, and is charged with the mission of redeveloping blighted an 13 14 underutilized land; and 15 WHEREAS, the Agency is the current owner of that certain real property consisting 0 16 approximately 8.2 acres (APN: 0136-111-22) located north of Mill Street, west of "E" Street (the "Property") in the Central City South Redevelopment Project Area ("Project Area"); and WHEREAS, an updated MAl appraisal of the Property and the Property has bee completed by Smothers Appraisal (the "Appraisal"); and WHEREAS, said Appraisal has confirmed the fair market value of the Property to be On 17 18 19 20 21 Million Eight Hundred Ninety Thousand Dollars ($1,890,000); and 22 WHEREAS, the Agency is entering into a 2005 Disposition and Development Agreemen (the "DDA") with Arrowhead Central Credit Union, a California Corporation (the "Developer" 23 24 pursuant to which the Agency will sell the Property to the Developer for a purchase price of On 25 Million Eight Hundred Ninety Thousand Dollars ($1,890,000) less a land write-down in th -1- P:\Agendas\ResoJutions\Resolutions\2005\05-12-0S Arrowhead MCC Resol.doc 2005-414 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 amount of $1,400,000 to cover necessary mitigations to the Property, including, but not limite to, relocation of high voltage power lines, acquisition of additional properties of ingress/egres and additional right of way improvements; and WHEREAS, fair market value of the property is $1,890,000, however, the dollar amoun that is to be received by the Agency is less than the fair market value of the Property by reason 0 the expectation of the parties that the Developer will most likely comply with the provision 0 the Purchase Price Promissory Note which will provide an adjusted purchase price of $490,000; and WHEREAS, the DDA provides for the development of the Property, and adjacen property already owned by the Developer, to be developed into two (2) office buildings totalin 145,000 square feet, to contain the central billing, personnel and training facilities for Arrowhea Central Credit Union (the "Project"); and WHEREAS, the Agency has prepared and published a notice of joint public hearing i The San Bernardino County Sun Newspaper on November 21 and 28, 2005, regarding th consideration and approval of the DDA and also published a Notice of Intent to adopt Mitigated Negative Declaration related to the Project in accordance with Californi Environmental Quality Act ("CEQA"); and WHEREAS, pursuant to Health and Safety Code Section 33433(c), the Agency ma transfer the Property to the Developer subject to the Mayor and Common Council an Community Development Commission adopting a Resolution authorizing the Agency to transfe the Property in light of the findings set forth herein, pursuant to Health and Safety Code Sectio 33433; and WHEREAS, the Agency has prepared a Summary Report pursuant to Health and Safety Code Section 33433 that describes the salient points of the DDA and identifies the cost of the DDA to the Agency; and -2- P:\Agendlls\ResoJutions\Resolutions\2005\05-12-05 Arrowhead MCC Reso1.doc 2005-414 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 WHEREAS, the Agency is the "lead agency" for the Project, under the California Environmental Quality Act, California Public Resources Code Sections 21000, et ~ ("CEQA"), in accordance with Public Resources Code Section 21067 and Title 14 California Code of Regulations Sections 15050 and 15051; and WHEREAS, the Initial Study (IS), Attachment to the Staff Report was circulated on Jun 20, 2005 and no public comments were received; and WHEREAS, the IS identified potentially significant effects on the environment connection with the proposed Project; and WHEREAS, based on the potential significant affects on the environment, the Mitigatio Monitoring and Reporting Program (the "Monitoring Program"), Attachment to the Staff Repo relative to the DDA between the Agency and the Developer to mitigate the potentially significan affects on the environment, and the Developer has agreed to implement such mitigation measure pursuant to said Monitoring Program; and WHEREAS, the Agency has prepared the Mitigated Negative Declaration with respect t the Project in accordance with the provisions of CEQA and the CEQA Guidelines develope thereunder and the Mayor and Common Council will consider adoption thereof; and WHEREAS, it is appropriate for the Mayor and Common Council to take action wit respect to the disposition of the Property to the Developer by the Agency and to approve th DDA as set forth in this Resolution. NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND ORDERED BY THE MA YOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, AS FOLLOWS: Section 1. On December 5, 2005, the Mayor and Common Council (the "Council" conducted a full and fair joint public hearing with the Community Development Commission, a the governing board of the Agency (the "Commission"), relating to the disposition of th Property from the Agency to the Developer and the development thereof pursuant to the DDA. -3- P:\Agendas\Resolutions\Resolutlons\2005\05-12-05 Arrowhead MCC Resol.doc 2005-414 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 The minutes of the City Clerk for the December 5, 2005 meeting of the Council shall include record of all communication and testimony submitted to the Council by interested person relating to the public hearing and the approval of the DDA and the adoption of the Mitigate Negative Declaration. Section 2. The Council hereby receives and approves the 33433 Report and the othe written materials submitted to the Council at the meeting at which this Resolution is adopted. The 33433 Report contains information required under Health and Safety Code Section 33433. Section 3. Prior to the opening of the j oint public hearing at which this Resolution i adopted, the Council received the IS, and the Mitigation Monitoring and Reporting Program fo the Project. The Council finds and determines that there are no other significant environmenta effects or any differences in the severity of environmental effects associated with th implementation of the DDA from those assessed in the IS that would require additiona environmental review and the Council hereby approves the Mitigated Negative Declaration an the Mitigation Monitoring Program. Section 4. This Resolution is adopted in satisfaction of the provisions of Health an Safety Code Section 33433 relating to the disposition and the sale of the Property by the Agenc to the Developer on the terms and conditions set forth in the DDA. A copy of the DDA in th form submitted at this joint public hearing is on file with the City Clerk. The Council hereb finds and determines that the disposition and redevelopment of the Property by the Developer i accordance with the DDA is consistent with the Project Area Redevelopment Plan, the Five Yea Implementation Plan and the City's General Plan and that the consideration payable by th Developer to the Agency as the purchase price for the Property, pursuant to the DDA, is a amount that is less than the fair market value of the Property by reason of the expectation of th parties that the Developer will most likely comply with the provisions of the Purchase Pric Promissory Note in order to mitigate the extraordinary conditions present at the Propert including relocation and undergrounding of overhead high voltage power lines, public right-of -4- P:\Agendas\Resolutions\Resolutions\200S\OS-12-05 Arrowhead MCC Resol.doc 2005-414 way improvements and extraordinary site development costs that may be incurred by th 2 Developer due to the prior use of the Property as a railroad switching yard and petro leu 3 products transfer station. The Resolution shall become effective immediately upon its adoption. 4 Section 5. 5 /II /II 6 /II 7 1/1 8 /II 9 /II 10 /II 11 /II 12 /II 13 /II 14 /II 15 /II 16 /II 17 /II 18 /II 19 /II 20 /II 21 /II 22 /II 23 /II 24 /II 25 /II -5- P:\Agendas\Resolutions\Resolutlons\2005\05-12-0S Arrowhead MCC Resot.doc 2005-414 2005-414 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN OF SAN BERNARDINO APPROVING THE 2005 DISPOSITION AND DEVELOPMENT AGREEMENT ("DDA") BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") AND ARROWHEAD CENTRAL CREDIT UNION, A CALIFORNIA CORPORATION ("DEVELOPER") (AGENCY PROPERTY LOCATED NORTH OF MILL STREET, WEST OF "E" STREET (APN: 0136-111-22) - 8.2 ACRES IN THE CITY OF SAN BERNARDINO) ("PROPERTY") AND MAKING CERTAIN FINDINGS THERETO RELATED TO THE DEVELOPMENT OF THE PROJECT (CENTRAL CITY SOUTH REDEVELOPMENT PROJECT AREA) 3 4 5 6 7 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 8 meeting Common Council of the City of San Bernardino at a joint regular 9 thereof, held on the 5th day of December ,2005, by the following vote to wit: 10 Absent Abstain Ayes Nays X X - X ---.X..- ----X- X X - Council Members: 11 ESTRADA LONGVILLE MCGINNIS DERRY KELLEY JOHNSON MC CAMMACK 12 13 14 15 16 17 18 1JJJA ~ ~ach~l G. Clark, CitY"Clerk 1J;Z et. 6;; ~2 JJr.~ t-)~ ~ The foregoing resolution is hereby approved this'll> yof De c el'Yl be r , 2005. 19 20 21 22 23 Approved as to form and Legal Content: 24 25 -6- P:\Agendas\Resolutions\Resolutions\2005\OS-IZ.OS Arrowhead :\lCC Resol.doc