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Home My WebLink About2006-273 . . , . RESOLUTION NO. 2006-273 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING THE 2006 DISPOSITION AND DEVELOPMENT AGREEMENT ("DDA") BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") AND CENTURY CROWELL COMMUNITIES, LP, A CALIFORNIA LIMITED PARTNERSHIP ("DEVELOPER") RELATED TO APPROXIMATELY 79 ACRES OF AGENCY PROPERTY LOCATED NORTH OF LITTLE LEAGUE DRIVE, EAST OF 1-215 FREEWAY ("PROPERTY") 3 4 5 6 7 8 WHEREAS, the City of San Bernardino, California (the "City"), is a municipa corporation and charter city, duly organized and existing pursuant to the provisions of th 9 constitution of the State of California; and 10 11 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, Heal and Safety Code 33101, and is charged with the mission of redeveloping blighted an underutilized land; and WHEREAS, the Agency is the current owner of that certain real property consisting 0 approximately 79 acres located north of Little League Drive, east of 12 13 14 15 16 "Property"); and . , 17 WHEREAS, Agency agrees to sell the Property and the Developer agrees to purchase th 18 Property in an AS IS condition for a purchase price ("Purchase Price") equal to not less th 19 $4,100,000.00 or the fair market value, whichever is greater ("Fair Market Value"); and WHEREAS, the Agency is entering into a 2006 Disposition and Development Agreemen (the "DDA") with Century Crowell Communities, LP, a California Limited Partnership (th "Developer") pursuant to which the Agency will sell the Property to the Developer for the Fai Market Value of the Property; and WHEREAS, the DDA provides for the development of the Property to be developed int 279 single-family homes ranging in size between 1,900 square feet and 3,100 square feet on lot averaging 8,370 square feet but not less than 7,200 square feet (the "Project"); and 20 21 22 23 24 25 -1- ':\Ac~1MtIoaI\Ilue1Mdeu\2106\l17.24-06 Ctahir)' Crow.D (Ike Property) MCC.....IIK . , 2 WHEREAS, the Agency has prepared and published a notice of joint public hearing i The San Bernardino County Sun Newspaper on June 5 and 12, 2006, regarding the consideratio and approval of the DDA and also published a Notice of Intent to adopt a Mitigated Negativ Declaration related to the Project in accordance with the California Environmental Quality Ac 3 4 5 ("CEQA"); and 6 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 (th "Council") and Community Development Commission (the "Commission") adopting Resolution authorizing the Agency to transfer the Property in light of the findings set fo herein, pursuant to Health and Safety Code Section 33433; and WHEREAS, the Agency has prepared a Sununary 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 WHEREAS, the Agency is the "lead agency" for the Project, under CEQA, California Public Resources Code Sections 21000, et seq" 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) and the Attachment to the Staff Report was circulate on May 9, 2006 and 7 public comments were received; and WHEREAS, the IS identified potentially significant effects on the environment connection with the proposed Project and identified mitigation measures to reduce thes potentially significant effects to less than significant levels; 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 has been prepared, and the Developer has agreed to implement suc mitigation measures pursuant to said Monitoring Program; and 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 -2- r:\A&~~1uduu\Z8G6\I7.J4.16 c......,.c...weU<-a rn"rtJ) MCC a..e.4ec 2 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 develop thereunder and the Council will consider adoption thereof; and WHEREAS, it is appropriate for the Council to take action with respect to the dispositio of the Property to the Developer by the Agency and to approve the DDA as set forth in thi Resolution. 3 4 5 6 7 NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND ORDERED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, AS FOLLOWS: 8 9 Section 1. On July 24, 2006, the Council conducted a full and fair joint publi 10 11 hearing with the Commission, as the governing board of the Agency, relating to the dispositio of the Property from the Agency to the Developer and the development thereof pursuant to th DDA. The minutes of the City Clerk for the July 24,2006, meeting of the Council shall includ a 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 Mitigat Negative Declaration. 12 13 14 15 16 Section 2. The Council hereby receives and approves the 33433 Report and the oth 17 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. 18 19 Section 3. Prior to the opening of the joint public hearing at which this Resolution i 20 adopted, the Council received the IS, and the Monitoring Program for the Project and th Council hereby adopts the Mitigated Negative Declaration and the Mitigation Monitorin Program. 21 22 23 Section 4. This Resolution is adopted in satisfaction of the provisions of Health an 24 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 25 -3- r;\Acudu'laele~IItdeu\JN6\II7-Z4006 CMhIrf Cn.... (8ke ...,....,) Nee a-..&H finds and determines that the consideration payable by the Developer to the Agency as th 2 purchase price for the Property, pursuant to the DDA, is an amount which is not less than F . 3 Market Value at its highest and best use, as set forth in the 33433 Report and the disposition 0 4 the Property to the Developer on the terms set forth in the DDA shall assist in the elimination 0 5 blight on the Property. 6 Section S. 7 III III 8 III 9 III 10 III 11 III 12 III 13 III 14 III 15 III 16 III 17 III 18 III 19 III 20 III 21 III 22 III 23 III 24 III 25 III III The Resolution shall become effective immediately upon its adoption. 4. r:\ApadlII\Il_.......-..D-...u.uu1l6'll7-14-16 CMlIIrJ' eN.eII (.. lnptl1J) MCC...... . 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING THE 2006 DISPOSITION AND DEVELOPMENT AGREEMENT ("DDA") BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") AND CENTURY CROWELL COMMUNITIES, LP, A CALIFORNIA LIMITED PARTNERSHIP ("DEVELOPER") RELATED TO APPROXIMATELY 79 ACRES OF AGENCY PROPERTY LOCATED NORTH OF LITTLE LEAGUE DRIVE, EAST OF 1-215 FREEWAY ("PROPERTY") 3 4 5 6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 7 Common Council of the City of San Bernardino at a ioint regular meeting thereof, held 8 9 10 11 12 13 14 15 16 17 a...kL id. C.t.A..k. Rac'lrel G. Clark, City Clerk ,-p--- ~1 day of July ,2006. 18 19 The foregoing resolution is hereby approved this 20 21 22 23 Approved as to Form: :: By l21f!:tit~ -5- P:~........u1Oi\l7.u-MC......,Cnwell(Blnrnpmy)MCC____