HomeMy WebLinkAbout2008-460
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RESOLUTION NO. 2008-460
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO CONSENTING TO THE DISPOSITION OF
CERTAIN REAL PROPERTY BY THE REDEVELOPMENT AGENCY OF
THE CITY OF SAN BERNARDINO ("AGENCY") TO MAYA CINEMAS
NORTH AMERICA, INC. ("DEVELOPER") (450 NORTH "E" STREET -
APN: 0134-131-24, 25, 26, 27 AND 28) (CENTRAL CITY NORTH
REDEVELOPMENT PROJECT AREA)
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WHEREAS, the City of San Bernardino (the "City") is a municipal corporation and charter
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city, duly organized and existing pursuant to the provisions of the constitution of the State of
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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, Health and
Safety Code Section 33100, and is charged with the mission of redeveloping blighted and
underutilized land; and
WHEREAS, the Agency owns certain real property consisting of a 20 screen multi-plex
17 Cinema Building, (the "Phase I Property") on Exhibit "A" as attached, as well as the Phase II
18 Property and Phase III Property as per Exhibit "A" attached; and
19 WHEREAS, the Phase I Property is located at the northwest corner of 4th Street and "E"
20 Street within the Central City North Redevelopment Project Area and consists of one 110,642
21 square-foot parcel which has been improved with a 104,900 square-foot 20-plex cinema building
22 and the Phase II Property and the Phase III which is located south of the adjacent Phase I Property
23 and totals 59,636 square feet; and
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WHEREAS, the Agency intends to enter into a 2008 Disposition and Development
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Agreement (the "Agreement") pursuant to which the Agency proposes to sell the Phase I Property to
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Maya Cinemas North America, Inc. (the "Developer") for $4.6 million in the manner as provided in
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the Agreement; and
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2008-460
1 WHEREAS, the Agreement provides for the redevelopment of the Phase I Property by the
2 Developer so that it may be upgraded and expanded to a modern, market competitive cinema to
3 include an I-Max screen and digital projection equipment as identified in the Agreement; and
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WHEREAS, the Developer has estimated that it will cost $8,100,000 for the construction of
5 the improvements to the Phase I Property; and
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WHEREAS, the Developer will construct a public gathering place consisting of a fountain or
similar to the front of the Phase I Property to be known as the Phase IA Property; and
WHEREAS, the Developer intends to acquire and develop the Phase II Property within three
10 years after the completion of the Phase I Property to include restaurants, retail, office and related
11 entertainment uses herein identified as compatible downtown uses in support of the multiplex
12 theater as well as the Agency owned California Theatre of the Performing Arts and the Downtown
13 Area, in general; and
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WHEREAS, the Developer intends to acquire and develop the remaining Phase III Property
15 within seven years with similar, compatible uses; and
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WHEREAS, the Agency has prepared and published a notice of joint public hearing in the
17 San Bernardino County SUN newspaper on November 1, 2008 and November 8, 2008, regarding
18 the approval of the Agreement; and
19 WHEREAS, the Agency has prepared a Summary Report pursuant to Health and Safety
20 Code Section 33433 (the "Report") that describes the salient points of the Agreement and identifies
21 the cost of the Agreement to the Agency; and
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WHEREAS, pursuant to Section 15332 of the California Environmental Quality Act (the
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"CEQA") Guidelines the Agency has reviewed the proposed sale and use of the Phase I Property
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and the Phase II Property and the Phase III Property has determined that the project, as identified in
25 the Agreement, is exempt from the Act pursuant to Chapter 2.6, Section 21080 of the Public
26 Resources Code, CEQA Statutes, and Section l506l(b)(3) of the CEQA statutes; and
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2008-460
1 WHEREAS, the acquisition of the Phase I Property, the Phase II Property and the Phase III
2 Property by the Developer is consistent with the Central City North Redevelopment Plan; and
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WHEREAS, it is appropriate for the Mayor and Common Council of the City of San
4 Bernardino ("Council") to consent to the disposition of the Phase I Property, the Phase II Property
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and the Phase III Property to the Developer as set forth in the Agreement.
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NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND ORDERED BY
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, AS
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FOLLOWS:
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10 Section 1.
11 hearing with the
On November 17, 2008, the Council conducted a full and fair joint public
Community Development Commission of the City of San Bernardino
12 ("Commission"), as the governing board of the Agency, relating to the disposition of the Phase I
13 Property and the Phase II Property from the Agency to the Developer and the development thereof
14 pursuant to the Agreement. The minutes of the City Clerk for the November 17,2008 meeting of the
15 Council shall include a record of all communication and testimony submitted to the Council by
16 interested persons relating to the public hearing and the approval of the Agreement.
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Section 2.
The Council hereby receives and approves the Report and the other written
18 materials submitted to the Council at the meeting at which this Resolution is adopted. The Report
19 contains information required under Health and Safety Code Section 33433.
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Section 3.
This Resolution is adopted in order to satisfY the provisions of Health and
21 Safety Code Section 33433(a)(1) and (b)(2) related to the disposition of the Phase I Property, the
22 Phase II Property and the Phase III Property to the Developer in accordance with the Agreement
23 and the Council hereby approves the transfer of the Phase I Property, the Phase II Property and the
24 Phase III Property to the Developer pursuant to the Agreement for the consideration as provided
25 therein. The Council hereby finds and determines as follows: that the Report contains the
26 information described in Health and Safety Code Section 33433(b)(2) wherein the Phase I Property
27 is being sold to the Buyer at the purchase price of $4.6 million for the redevelopment of 20 screen
28 multiplex cinema building which is determined to be its highest and best use in accordance with the
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2008-460
1 Central City North Redevelopment Plan. The purchase price for the Phase II Property and the
2 Phase III Property are to be sold for the total sum of$715,000 at the appropriate time.
3 Section 4. This Resolution shall take effect upon its adoption and execution in
4 the manner as required by the City Charter.
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2008-460
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO CONSENTING TO THE DISPOSITION OF
CERTAIN REAL PROPERTY BY THE REDEVELOPMENT AGENCY OF
THE CITY OF SAN BERNARDINO ("AGENCY") TO MAYA CINEMAS
NORTH AMERICA, INC. ("DEVELOPER") (450 NORTH "E" STREET -
APN: 0134-131-24, 25, 26, 27 AND 28) (CENTRAL CITY NORTH
REDEVELOPMENT PROJECT AREA)
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
7 joint regular 15th
Common Council of the City of San Bernardino at a meeting thereof, held on the day of
8 December
9 Council Members:
10 ESTRADA
11 BAXTER
12 BRINKER
13 fiflP:F/Y VACANT
14 KELLEY
15 JOHNSON
16 MC CAMMACK
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20 The foregoing Resolution is hereby approved this tcp...- day of
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24 Approved as to Form:
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, 2008, by the following vote to wit:
Aves
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Abstain
Absent
Navs
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X
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December
,2008.
...
~
. Morris, Ma
an Bernardino
By:
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