No preview available
HomeMy WebLinkAbout2006-409 1 2 3 4 5 6 7 8 9 2006-409 RESOLUTION NO. 2006-409 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO CONSENTING TO THE SALE OF CERTAIN PROPERTY AND THE FUNDING OF CERTAIN PUBLIC IMPROVEMENTS AS IDENTIFIED IN THE 2006 DISPOSITION AND DEVELOPMENT AGREEMENT ("DDA") BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") AND LA PLACITA ON 2ND STREET, A CALIFORNIA LIMITED LIABILITY CORPORATION AND ACCEPTING THE COMMUNITY DEVELOPMENT COMMISSION'S CERTAIN ENVIRONMENTAL FINDINGS RELATED TO THE DEVELOPMENT OF THE PROPOSED PROJECT 10 WHEREAS, the City of San Bernardino, California (the "City"), is a municipal corporatio 11 and charter city, duly organized and existing pursuant to the provisions of the constitution of th 12 State of California; and 13 WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency"), is 14 public body, corporate and politic, existing under the laws of the State of California, Health an 15 Safety Code 33101, and is charged with the mission of redeveloping blighted and underutilized land 16 and 17 WHEREAS, on November 4, 2003, the Agency acquired title to that certain real prope 18 consisting of approximately .57 acres located at 1109 West 3rd Street (APN: 0138-301-03), 24 19 North "K" Street (APN: 0138-301-04) and 232 North "K" Street (APN: 0138-301-05), (the "Agenc 20 Property") in the Uptown Redevelopment Project Area (the "Project Area") for Two Hundre 21 Seventy-Two Thousand Eight Hundred Dollars ($272,800); and 22 WHEREAS, the Agency Property has been vacant for approximately three (3) years; and 23 WHEREAS, the Agency is entering into a 2006 Disposition and Development Agreemen 24 (the "DDA") with La Placita on 2nd Street, a California limited liability corporation (th 25 "Developer"), pursuant to which the Agency will transfer the Agency Property to the Developer; and 26 WHEREAS, the DDA provides for the Agency to use its best efforts to acquire one (1 27 privately owned parcel identified as APN: 0138-301-07 (the "Belichesky Property"); and 28 1 P:\Apadal\RaellltilIu\a-Illdeu\21ll6\11-1.... La PIlldb MCC RaLdec 2006-409 1 WHEREAS, the DDA provides that under certain circumstances, the Agency will acquir 2 one (I) privately owned parcel identified as APN: 0138-301-08 (the "Spar Property") and cause t 3 be removed and terminated that certain billboard lease; and 4 WHEREAS, the Agency Property, Belichesky Property and Spar Property are hereafte 5 referred to as the property (the "Property"); and 6 WHEREAS, the Developer owns property identified as APN: 0138-301-01, 06, and 10 an 7 APN: 0138-263-02 (the "Developer Property"); and 8 WHEREAS, the project site consists of the Developer Property and the Property (the "Projec 9 Site"); and 10 WHEREAS, the DDA contemplates that the Developer will use the Property in th 11 development of approximately 100,000 square feet of new commerciaVretail building space (th 12 "Project"); and 13 WHEREAS, the Agency has prepared and published a notice of joint public hearing in Th 14 San Bernardino County Sun newspaper on October 2 and 9, 2006, regarding the consideration an 15 approval of the DDA; and 16 WHEREAS, pursuant to Health and Safety Code Section 33433, the Agency may transfer th 17 Agency Property, Belichesky Property and Spar Property to the Developer subject to the Mayor an 18 Common Council (the "Council") and the Community Development Commission (th 19 "Commission") adopting a Resolution consenting to and authorizing the Agency to transfer th 20 Agency Property, Belichesky Property and Spar Property in light of the findings set forth herein; and 21 WHEREAS, the Agency has prepared a Summary Report pursuant to Health and Safety 22 Code Section 33433 that describes the salient points of the DDA and identifies the cost of the DDA 23 to the Agency; and 24 WHEREAS, pursuant to Health and Safety Code Section 33445, the Agency must obtain the 25 consent of the Council and the Council and the Commission must make certain findings prior to the 26 Agency paying for the costs of installation and construction of improvements which are publicly 27 owned; and 28 2 P:~doM\2OONl.lO-06iLa~MCCRelo.doc 2006-409 1 WHEREAS, the Agency is the "lead agency" for the Project, under the California 2 Environmental Quality Act (the "CEQA"), California Public Resources Code Sections 21000, et 3 sea., in accordance with Public Resources Code Section 21067 and Title 14 California Code of 4 Regulations Sections 15050 and 15051; and 5 WHEREAS, on August 16, 2004, the Conunission considered and certified an 6 Environmental Impact Report (the "EIR") (SCH#2003031072) in accordance with CEQA that 7 addressed the impacts of the proposed development of the Project Site and mitigation measures in 8 connection with the proposed development of the Project Site; and 9 WHEREAS, on October 16,2006, the joint public hearing was continued to November 6, 10 2006; and 11 WHEREAS, on November 6, 2006, the joint public hearing was continued to November 20, 12 2006; and 13 WHEREAS, it is appropriate for the Council to take action with respect to the disposition of 14 the Property and consenting to the expenditure of Agency Tax Increment Funds for the provision of 15 public improvements to the Developer by the Agency as set forth in the DDA. 16 NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND ORDERED BY 17 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, AS 18 FOLLOWS: 19 Section 1. On August 16, 2004, the Conunission considered and certified an EIR 20 (SCH#2003031072) in accordance with CEQA that addressed the impacts of the proposed 21 development of the Project and mitigation measures in connection with the proposed development 22 of the Project and the Council hereby accepts and adopts the Conunission's findings related to the 23 EIR. 24 Section 2. On November 20, 2006, the Council conducted a full and fair joint public 25 hearing with the Conunission, as the governing board of the Agency, relating to the approval of the 26 disposition of the Property from the Agency to the Developer, and the funding of public 27 improvements and the development thereof pursuant to the DDA. The minutes of the City Clerk for 28 the November 20, 2006 meeting of the Council shall include a record of all conununication and 3 r:~I06\1I.JW6wPIHiUMCCIlne._ 2006-409 1 testimony submitted to the Council by interested persons relating to the joint public hearing and the 2 approval of the DDA. 3 Section 3. This Resolution is adopted in satisfaction of the provisions of Health and 4 Safety Code Sections 33431 and 33433 relating to the disposition and the transfer of the Property 5 by the Agency to the Developer on the terms and conditions set forth in the DDA. A copy of the 6 DDA, in the form submitted at this joint public hearing, is on file with the City Clerk. The Council 7 hereby consents to the sale of the Property to the Developer in accordance with the terms and 8 provisions of the DDA and further authorizes the Agency to enter into said DDA. 9 Section 4. Pursuant to Health and Safety Code Section 33445, the Council hereby 10 makes the following fmdings concerning the installation and construction of improvements which 11 are publicly owned: (1) that the improvements are of benefit to the Project Area; (2) that no other 12 reasonable means of financing the improvements are available to the community; and (3) that the 13 payment of the cost of the improvements will assist in the elimination of one or more blighting 14 conditions inside the Project Area and is consistent with the implementation plan adopted pursuant 15 to Health and Safety Code Section 33490. 16 Section 5. On November 20, 2006, the Council conducted a full and fair joint public 17 hearing with the Commission, relating to the disposition of the Property from the Agency to the 18 Developer and the development thereof pursuant to the DDA. The minutes of the City Clerk for the 19 November 20, 2006 meeting of the Council shall include a record of all communication and 20 testimony submitted to the Council by interested persons relating to the joint public hearing and the 21 approval of the DDA. 22 Section 6. This Resolution shall take effect upon its adoption and execution in the 23 manner as required by the City Charter. 24 //1 25 /1/ 26 /1/ 27 /1/ 28 /1/ 4 I':~D L.' ~.-"'o&..--\ZIH\lI.J~ w"'" MCC...... 1 2 3 4 S 6 7 8 2006-409 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO CONSENTING TO THE SALE OF CERTAIN PROPERTY AND THE FUNDING OF CERTAIN PUBLIC IMPROVEMENTS AS IDENTIFIED IN THE 2006 DISPOSITION AND DEVELOPMENT AGREEMENT ("DDA") BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") AND LA PLACITA ON 2ND STREET, A CALIFORNIA LIMITED LIABILITY CORPORATION AND ACCEPTING THE COMMUNITY DEVELOPMENT COMMISSION'S CERTAIN ENVIRONMENTAL FINDINGS RELATED TO THE DEVELOPMENT OF THE PROPOSED PROJECT I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and meeting 9 Common Council of the City of San Bernardino at a joint regular 10 thereof, held on the 20th day of November ,2006, by the following vote to wit: Aves Navs Abstain Absent x -1L x x ---X- ----X- &~!:J.~ Rae I G. Clark, City Clerk 20 21 The foregoing resolution is hereby approved this 21st day of November 22 23 24 2S ,2006. 26 Approved as to Form: 27 28 5 r:~~~lII6\Il.:Z"""'ildtaMCCae..doc