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RDA -174
REV. 6-29-89# q
Redevelopment Agency · City of San Bernardino
300 North "0" Street, Fourth Floor. San Bernardino, California 92418
(714) 384-5081 FAX (714) 888-9413
Pride ~
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JANUARY 4, 1989
CLIFF R. CAREL & ASSOCIATES - DISPOSITION AND DEVELOPMENT AGREEMENT
Synopsis of Previous Commission/Council/Committee Action:
12/20/82 Resolution 4432 authorized DDA.
03/03/83 Amendment; Resolution 4459.
05/07/84 Request for assistance in construction of storm drain; referred
to Staff for review.
11/27/84 Approval, in concept, of Second Amendment.
02/04/85 Approved Resolution 4717 authorizing Second Amendment.
06/15/87 Received and filed briefing paper.
12/04/89 Community Development Commission continued the matter to 01/08/90.
(COMMUNITY DEVELOPMENT COMMISSION)
Recommended Motion:
That the Commission table the matter.
Respectfully Submitted,
l
ing Executive Director
Supporting data attached: YES
Ward:
FUNDING REQUIREMENTS:
Project: CCE
Commission Notes:
RT:GW:sm:2596H
Agenda of: January 8, 1989
Item No.
Redevelopment Agency
STAFF REPORT
It is recommended that the Commission table the matter pending further
negotiations regarding the opinion received from Agency Counsel as well as
discussions held on January 3, 1990 with Cliff R. Carel & Associates.
"
"
CITY OF SAN BE.RNARDINO
OFFICE OF THE CITY ATT'ORNEY
JAMES F. PENMAN
City Attorney
January 3, 1990
Opinion No. 90-1
10.39
TO: Robert J. Temple, Acting Executive Director
RE: Design of Off-Site Improvements
ISSUE
On behalf of the Community Development Commission you have
asked if Cliff R. Carel & Associates is responsible to engineer
the removal of the Third Street Bridge under the disposition and
Development Agreement or if that is a responsibility of either
the Agency or the City.
CONCLUSION
Normally the developer engineers required off-site
improvements such as the Third Street Bridge, and there is
nothing in the record on this project which would transfer that
responsibility to the Agency or the City.
ANALYSIS
On February 2, 1983, the Agency and Cliff R. Carel &
Associates entered into a Disposition and Development Agreement
("DDA") regarding the development of certain property within the
City of San Bernardino, a portion of which fronts on Third Street
near the fire station. This development was to consist of
various multi-family housing units to be constructed in four
phases.
On March 4, 1983, the parties entered into a First Amendment
to allow incremental payment to the developer as work progressed.
On February 5th, 1985, the parties entered into a Second
DAB/ses 1
CITY HALL
300 NORTH 'D' STREET. SAN BERNARDINO, CALIFORNIA 92418
(714) 384-5355
"-, 4
.
TO: Robert J. Temple, Acting Executive Director
RE: Design of Off-Site Improvements
Page 2
Amendment which revised the completion dates for the various
phases, clarified that there are, in fact, five phases, provided
for increased Agency participation and identified those remaining
off-site improvements which would be reimbursable by the Agency.
In addition the Second Amendment excused the nonperformance by
the parties to that time.
'"
Other amendments were discussed and drafts prepared but no
agreement reached.
Portions of the project were completed but portions remain
unfinished including phase IV. I also understand that by tacit
agreement some of the development was delayed pending the
completion of the City's new General Plan.
Although neither the DDA or either of the Amendments mention
the removal of the Third Street bridge, it is anticipated that
such removal will be imposed as a condition of development since
to appropriately develop the site ingress and egress will be
required at the bridge location. On at least one occasion, when
discussions were held as to a further amendment of the DDA and
the assignment of the remainder of the development to a new
developer (Norsa, Inc.), the Agency discussed the possibility of
its removing the bridge, but this was never incorporated into an
actual agreement.
Since the DDA and its amendments are silent as to the bridge
there is also no discussion as to which party must engineer it.
However the narrative attached to Exhibit 0 as adopted by the
Second Amendment contains the following language relation to
Phase IV:
"Start of Off-Site construction is proposed to be on or near
December 1, 1986; or 30 days after the City of San
Bernardino approves plans and issues required permits,
whichever comes first. Completion is projected to require
not more than 3 weeks."
(emphasis added)
The implication, of course, is that the City is to approve
plans and not prepare them.
The general practice is that when off-site public
improvements are required of a developer, he will prepare the
plans to City specifications and have them reviewed and approved
by the City prior to actual construction. Certainly
circumstances could exist due to the complexity of a project or
its relation to other pending city projects that the City would
DAB/ses
2
TO: Robert J. Temple, Acting Executive Director
RE: Design of Off-Site Improvements
Page 3
rather do the engineering itself. In conversations with the City
Engineer I am advised that this is a relatively simple project
and that there is no reason that the City would desire to do the
work itself.
" "
Respectfully Submitted,
~~J
Sr. Asst. City Attorney
Concur:
JAMES F. PENMAN
t )
~7~
~ty Attorney
CC: W.R. HOlcomb, Mayor
Marshall Julian, City Administrator
Council Members
Shauna Clark, City Clerk
Craig Graves, City Treasurer
AS/ses
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