HomeMy WebLinkAbout2006-346
,
1
2
3
4
5
6
7
8
9
10
11
RESOLUTION NO.
2006-346
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO CONSENTING TO THE SALE OF THE AGENCY
PROPERTY AS IDENTIFIED IN THE 2006 DISPOSITION AND
DEVELOPMENT AGREEMENT ("DDA") BY AND BETWEEN THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
("AGENCY") AND HSB 1-215, A CALIFORNIA LIMITED PARTNERSHIP
AND SE 1-215, A CALIFORNIA LIMITED PARTNERSHIP
(COLLECTIVELY REFERRED TO AS "HILL WOOD") (AGENCY
PROPERTY LOCATED SOUTH OF THE HILLWOOD PROPERTY AND
WEST OF THE 1-215 FREEWAY - 10.53 ACRES IN THE CITY OF SAN
BERNARDINO) ("AGENCY PROPERTY") AND ACCEPTING THE
COMMUNITY DEVELOPMENT COMMISSION'S CERTAIN FINDINGS
RELATED TO THE DEVELOPMENT OF THE PROPOSED PROJECT
WHEREAS, the City of San Bernardino, California (the "City"), is a municipal corporation
12 and charter city, duly organized and existing pursuant to the provisions of the constitution of the
13 State of California; and
14 WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency"), is a
15 public body, corporate and politic existing under the laws of the State of California, Health and
16 Safety Code 3310 I, and is charged with the mission of redeveloping blighted and underutilized
17 land; and
18 WHEREAS, the Agency is the current owner of that certain real property consisting of
19 approximately 10.53 acres (APN: 0148-011-39 AND APN: 0266-073-08) located south of the
20 Hillwood property and west of 1-215 Freeway, (the "Agency Property") in the State College
21 Redevelopment Project Area ("Project Area"); and
22 WHEREAS, an updated MAl appraisal of the Agency Property has been completed by
23 Villegas Appraisal Company (the "Appraisal") and said Appraisal has confirmed the fair market
24 value of the Property to be Nine Hundred Seventy Thousand Dollars ($970,000); and
25 WHEREAS, the Agency is entering into a 2006 Disposition and Development Agreement
26 (the "DDA") with HSB 1-215, a California Limited Partnership and SE 1-215, a California Limited
27 Partnership (collectively referred to as "Hillwood") pursuant to which the Agency will transfer the
28 Agency Property to Hillwood in exchange for property which Hillwood owns along the south side
I
P:\Agenda5\Resolutions\Resolutions\1006\09-18-06 Millwood MCC Relo C.do(
I
1 of University Parkway ("Exchange Tract"); and
2 WHEREAS, the fair market value of the Exchange Tract is in excess of that of the Agency
3 Property; and
4 WHEREAS, the Exchange Tract IS necessary for the University ParkwaylBNSF track
5 crossing improvement; and
6 WHEREAS, the DDA provides for the development of the Agency Property into a flood
7 control retention basin, and adjacent property owned by the Hillwood to be developed into
8 approximately six (6) warehouse/distribution facilities totaling approximately 2,000,000 square feet
9 (the "Project"); and
10 WHEREAS, the Agency has prepared and published a notice of joint public hearing in The
11 San Bernardino County Sun Newspaper on September 4 and 11,2006, regarding the consideration
12 and approval of the DDA and also the certification of a Final Environmental Impact Report
13 ("FEIR") related to the Project in accordance with California Environmental Quality Act ("CEQA");
14 and
15 WHEREAS, pursuant to Health and Safety Code Section 33433, the Agency may transfer
16 the Agency Property to the Hillwood subject to the Mayor and Common Council ("Council ") and
17 Community Development Commission ("Commission") adopting a Resolution authorizing the
18 Agency to transfer the Agency Property in light of the findings set forth herein, pursuant to Health
19 and Safety Code Section 33433; and
20 WHEREAS, the Agency has prepared a Summary Report pursuant to Health and Safety
21 Code Section 33433 that describes the salient points of the DDA and identifies the cost of the DDA
22 to the Agency; and
23
WHEREAS, the Agency is the "lead agency" for the Project, under CEQA, California
24 Public Resources Code Sections 21000, et seq" in accordance with Public Resources Code Section
25 21067 and Title 14 California Code of Regulations Sections 15050 and 15051; and
26
WHEREAS, the FEIR was prepared with respect to the Project in accordance with the
27 provisions of CEQA and the CEQA Guidelines developed thereunder and the Commission has
28 concurrently, with the approval ofthe DDA, certified the FEIR; and
2
P:V\lIelldlU\Re5olutions\Rnolutions\2006\09-tS-06 Hillwood MCC Reso C.doc
1 WHEREAS, it is appropriate for the Council to take action with respect to the disposition of
2 the Agency Property to the Hillwood by the Agency as set forth in the DDA.
3 NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND ORDERED BY
4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, AS
5 FOLLOWS:
6 Section 1. On September 18, 2006, the Council conducted a full and fair joint public
7 hearing with the Commission, as the governing board of the Agency, relating to the disposition of
8 the Agency Property from the Agency to Hillwood and the development thereof pursuant to the
9 DDA. The minutes of the City Clerk for the September 18, 2006 meeting of the Council shall
10 include a record of all communication and testimony submitted to the Council by interested persons
11 relating to the public hearing and the approval of the DDA and the adoption of the Certification of
12 the FEIR.
13
Section 2. The Council hereby receives and approves the 33433 Report and the other
14 written materials submitted to the Council at the meeting at which this Resolution is adopted. The
15 33433 Report contains information required under Health and Safety Code Section 33433.
16
Section 3. This Resolution is adopted in satisfaction of the provisions of Health and
17 Safety Code Section 33433 relating to the disposition and the transfer of the Agency Property by the
18 Agency to Hillwood on the terms and conditions set forth in the DDA. A copy of the DDA in the
19 form submitted at this joint public hearing is on file with the City Clerk. The Council hereby finds
20 and determines that the disposition and redevelopment of the Agency Property by Hillwood, in
21 accordance with the DDA, is consistent with the Project Area Redevelopment Plan, the Five Year
22 Implementation Plan and the City's General Plan and the Council accepts the Commission
23 Certification of the FEIR for the Project. The Council hereby consents to the sale of the Agency
24 Property to Hillwood in accordance with the terms and provisions of the DDA and further
25 authorizes the Agency to enter into said DDA.
26 Section 4. The Resolution shall become effective immediately upon its adoption.
27 / / /
28 / / /
3
P;\Agendos\Resolutions\ResolulionsU006\09.IS-O(j Hillwood MCC Relo Cdoe
1
2
3
4
5
6
7
8
9
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO CONSENTING TO THE SALE OF THE AGENCY
PROPERTY AS IDENTIFIED IN THE 2006 DISPOSITION AND
DEVELOPMENT AGREEMENT ("DDA") BY AND BETWEEN THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
("AGENCY") AND HSB 1-215, A CALIFORNIA LIMITED PARTNERSHIP
AND SE 1-215, A CALIFORNIA LIMITED PARTNERSHIP
(COLLECTIVELY REFERRED TO AS "HILLWOOD") (AGENCY
PROPERTY LOCATED SOUTH OF THE HILLWOOD PROPERTY AND
WEST OF THE 1-215 FREEWAY - 10.53 ACRES IN THE CITY OF SAN
BERNARDINO) ("AGENCY PROPERTY") AND ACCEPTING THE
COMMUNITY DEVELOPMENT COMMISSION'S CERTAIN FINDINGS
RELATED TO THE DEVELOPMENT OF THE PROPOSED PROJECT
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
10 Common Council of the City of San Bernardino at a ;oint regular
18th day of September, 2006, by the following vote to wit:
meeting
11 thereof, held on the
12 Council Members:
13 ESTRADA
14 BAXTER
15 VACANT
16 DERRY
17 KELLEY
18 JOHNSON
19 MC CAMMACK
Absent
Aves
Navs
Abstain
x
-L
-L
x
x
---1L
~~~k,~;~
22 The foregoing resolution is hereby approved this d-,O \"{ay of September
20
21
,2006.
23
24
25
26 Approved as to Form:
1-.
27
28
es F. Penman, City Attorney
4
P:\Agendas\Resolutions\Resolutions\2006\09-18-06 Hillwood MCC Reso C.d~