HomeMy WebLinkAboutR23-Economic Development Agency CITY OF SAN BERNARDINO ORIGINAL
ECONOMIC DEVELOPMENT AGENCY
FROM: Emil A.Marzullo SUBJECT: University Park Promenade and Shops, LLC -
Interim Executive Director Benefit Resolutions for certain public
improvements adjacent to Northpark Boulevard
and University Parkway pursuant to the Owner
DATE: April 8,2011 Participation Agreement
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Synopsis of Previous Commission/Council/Committee Action(s):
On December 20, 2010, the Community Development Commission of the City.of San Bernardino approved a Property Owner
Participation Agreement between the Agency and University Park Promenade and Shops,LLC.
------------------------------------------------ ------------------------------------------------------------------------------------------------------------------------------------------------------
Recommended Motion(s):
(Mayor and Common Council)
A: Resolution of the Mayor and Common Council of the City of San Bernardino consenting to certain payments by the
Redevelopment Agency of the City of San Bernardino and making certain findings and determinations pursuant to Health
& Safety Code Section 33445 as to the benefit to the State College Redevelopment Project Area for the installation of
public improvements adjacent to the public rights-of-way of Northpark Boulevard and University Parkway(State College
Redevelopment Project Area)
(Community Development Commission)
B: Resolution of the Community.Development Commission of the City of San Bernardino making certain findings and
determinations pursuant to Health & Safety Code Section 33445 as to the benefit to the State College Redevelopment
Project Area for the installation of public improvements adjacent to the public rights-of-way of Northpark Boulevard and
University Parkway(State College Redevelopment Project Area)
Contact Person(s): Brian Turnbull Phone: (909)663-1044
State College
Project Area(s): Redevelopment Project Area Ward(s): 5th
Supporting Data Attached: 0 Staff Report 0 Resolution(s)❑Agreement(s)/Contract(s)❑Map(s)❑Letter(s)
previously
FUNDING REQUIREMENTS: Amount: $ approved Source: EB-5/tax increment
Budget Authority: 2010-2011 Budget
Signature: Fiscal Review:
Emil A.Marzullo, ecutive Director Lori Panz' -Till ,InVief Financial Officer
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Commission/Council Notes: Sp s ,� �_ 43 ,¢,�/D ,9 z) / aZ
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P:\Agendas\Comm Dev Commission\CDC 2011\04-18-11 University Park Promenade and Shops 33445 SR-FirW.docx COMMISSION MEETING AGENDA
Meeting Date: 04/18/2011
Agenda Item Number: :Z
X/a/.i V--y,L,in
ECONOMIC DEVELOPMENT AGENCY
STAFF REPORT
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UNIVERSITY PARK PROMENADE AND SHOPS,LLC -BENEFIT RESOLUTIONS
FOR CERTAIN PUBLIC IMPROVEMENTS ADJACENT TO NORTHPARK BOULEVARD
AND UNIVERSITY PARKWAY PURSUANT TO THE
OWNER PARTICIPATION AGREEMENT
BACKGROUND:
In 2004, J.R. Watson and Associates Development Corp. (the "Developer"), began development of a
subdivision of approximately 16.2 acres west of California State University San Bernardino
("CSUSB"). The Promenade and Shops consists of a 10-lot condominium subdivision comprising 13
Hillside detached live/work units, 6 live/work units and 19 hillside townhomes, 64 cluster detached
dwellings, 29 attached town-house units with a recreation center, 35 mixed-use units, 1 corporate
condominium unit, an approximately 10,000 square foot University Club, a Newman Center for
CSUSB students and 15,324 square feet of restaurant and commercial retail space. However, the
Conditional Use Permit (CUP) for these uses has expired, the final uses will be determined based on
market conditions and will require processing new entitlements in the future. The Promenade and
Shops will have a completed market value exceeding $55 million upon completion. The project site is
located across the street from CSUSB at the northwest corner of Northpark Boulevard and University
Parkway in the CG-2, Commercial General land use district.
CURRENT ISSUE:
On March 17, 2010, the Redevelopment Agency of the City of San Bernardino ("Agency") received a
request from the Developer for the University Park Master Planned Development, for financial
assistance for infrastructure and other public improvements to the street rights-of-way of University
Parkway and Northpark Boulevard. The proposed infrastructure and public improvements are located
within the boundaries of the State College Redevelopment Project Area, with the exception of the
Plaza at University Park, and the Plaza at University Park borders the portion of the redevelopment
project area ("Project Area") located northwest of the intersection of Northpark Boulevard and
University Parkway and provide significant benefits to the Project Area.
Two documents specifically support the findings of benefit in the Resolution. First, the University
District Specific Plan, November 1, 2005, specifically addresses "Gateways." (See pg. 62 et seq.).
Gateways are significant features that announce arrival into the University District. "It is within the
Gateways that signature landscaping, public art, clear signage, and other distinctive features will be
located." The "Implementation" section of that Plan indicates that "a series of public and private
projects are required to implement the proposed Specific Plan. These projects include public street
improvements, development of parkways and trails and administration of development programs." The
Implementation also discusses financing strategies, including, but not limited, to this type of
contribution. The corner where the Plaza will be located is important as a gateway to a major
employer, economic and educational institution for the City of San Bernardino and the Inland Empire.
Construction of the sidewalk continuation project from the Plaza to the retail center mitigates an unsafe
public condition wherein students are now walking in the street creating a pedestrian hazard. The
Plaza's development would eradicate an underdeveloped parcel creating an attractive point of entry for
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P:\Agendas\CommDevCommission\CDC2011\04-18-11 University Park Promenade and Shops 33445 SR_Flnal.docx COMMISSION MEETINGAGENDA
Meeting Date: 04/18/2011
Economic Development Agency Staff Report
Infrastructure Improvements to Northpark Boulevard and University Parkway
Page 2
all visitors. The Plaza will be a distinctive gateway in the University District at a predominate entry to
California State University, San Bernardino (CSUSB).
In addition, construction of the Plaza meets the goals of the Five-Year Implementation Plan for the
Agency (2009-2010 through 2013-2014). University Parkway public infrastructure and facilities
programs are identified as part of the Regional Programs and Work Programs (see, for example, pg.
30). In addition, the project will provide a tangible example of the City of San Bernardino's
commitment to bring high quality development projects to the community. The Plaza will provide
synergy for future development within the City
On December 20, 2010, the Community Development Commission of the City of San Bernardino
("Commission") approved an Owner Participation Agreement ("OPA") between the Agency and the
Developer where the Developer agreed to construct the infrastructure and other public improvements
and the Agency agreed to reimburse the Developer for said improvements in an amount not to exceed
$999,203. In addition, the Developer agreed that within 180 days after completion of said
infrastructure and public improvements, the Developer will begin grading for the 18.66 acres known as
the Promenade and the 2.67 acres known as The Shops. The Developer will be required to undertake a
modified competitive bidding process to assure the lowest price for the infrastructure and public
improvements plus State prevailing wages will be required to be paid on all such work. The
construction of this project will create a significant number of jobs. Economists have estimated that
employment created by construction expenditures generate 24 full-time jobs for 1 year per $1 million
of expenditures. Using a conservative $38,000,000 for construction would generate approximately 912
full-time jobs for 1 year.
Now that the Developer has commenced with the preparation of the precise engineering design on the
infrastructure and public improvements being undertaken by the Developer, it has been determined that
all the roadway and typical landscaping improvements are located within the boundaries of the Project
Area. The additional public improvement area known as the Plaza at University Park as illustrated on
the map attached to this Staff Report is located adjacent to but outside the boundaries of the Project
Area. It is necessary now for the Community Development Commission of the City of San Bernardino
("Commission") and the Council to consider adoption of the appropriate resolutions pursuant to Health
& Safety Code Section 33445 to allow for the future reimbursement from tax increment revenues of
the costs associated with the Plaza at University Park. Public improvements such as the Plaza at
University Park are of benefit to the adjacent Project Area and are the continuation of the public
improvement plans for the overall project of the Developer whether the public improvements are
located within the Project Area or immediately adjacent thereto. The EDA has not identified another
available source of funding for this project.
ENVIRONMENTAL IMPACT:
The improvements identified as the Project are categorically exempt from the California
Environmental Quality Act ("CEQA") pursuant to (i) Class 1(b) and 1(c) of "Existing
Facilities" and/or (ii) Class 4(a), (b) and (f) of"Minor Alterations to Land" and/or (iii) Class 3(d) and
(e) of"New Construction or Conversion of Small Structures". All such improvements constituting the
Project are similarly those improvements addressed by the City of San Bernardino Planning
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P:Wgendas\Comm Dev Commission\CDC 2011\04-18-11 University Park Promenade and Shops 33445 SR-Final.docx COMMISSION MEETING AGENDA
Meeting Date: 04/18/2011
Economic Development Agency Staff Report
Infrastructure Improvements to Northpark Boulevard and University Parkway
Page 3
Commission adopted Mitigated Negative Declaration and Mitigation Monitoring/Reporting Program
for Tentative Tract Map No. 16509 and Conditional Use Permit No. 03-06 on May 6, 2003, and the
City of San Bernardino Planning Commission adopted Mitigated Negative Declaration and Mitigation
Monitoring/Reporting Program for Tentative Tract Map No. 17703 and Conditional Use Permit No.
06-04 on April 4, 2006. The cited categorical exemptions and previously adopted Mitigated
Negative Declarations and Mitigation Monitoring/Reporting Programs are adequate documentation of
CEQA compliance for the undertaking of the Project by the Participant. Staff will file a Notice of
Exemption.
FISCAL IMPACT:
$2,700,000 of CMB Export Loan funds from the 2009 EB-5 $15,000,000 loan to the Agency were
budgeted in the 2010-2011 Agency Budget for I-215 Freeway/University Parkway Interchange.
$999,203 of these funds will be used for purposes of funding the reimbursements under the OPA with
the Developer with the future repayment of the CMB Export Loan being made from tax increment
revenues of the Project Area.
RECOMMENDATION:
That the Mayor and Common Council and the Community Development Commission adopt the
attached Resolutions.
Emil A. Marzullo, Interim Executive Director
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P:\Agendas\CommDevCommission\CDC 2011\04-18-11 University Park Promenade and Shops 33445 SR-Final.docx COMMISSION MEETING AGENDA
Meeting Date: 04/18/2011
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City of San Bernardino
Redevelopment Project Area -State CoHe e
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u
I RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO CONSENTING TO CERTAIN PAYMENTS BY THE
3 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND
MAKING CERTAIN FINDINGS AND DETERMINATIONS PURSUANT TO
4 HEALTH & SAFETY CODE SECTION 33445 AS TO THE BENEFIT TO
5 THE STATE COLLEGE REDEVELOPMENT PROJECT AREA FOR THE
INSTALLATION OF PUBLIC IMPROVEMENTS ADJACENT TO THE
6 PUBLIC RIGHTS-OF-WAY OF NORTHPARK BOULEVARD AND
UNIVERSITY PARKWAY (STATE COLLEGE REDEVELOPMENT
7 PROJECT AREA)
8
WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency") is a
9
10 community redevelopment agency duly created, established and authorized to transact business and
11 exercise its powers, all under and pursuant to the California Community Redevelopment Law (the
12 "CRL"), codified under Division 24, Part 1 of the California Health and Safety Code commencing
13 at Section 33000 and is authorized to implement infrastructure projects for redevelopment purposes
14 located within the approved redevelopment project areas in the City of San Bernardino (the "City")
in accordance with the CRL; and
15
16 WHEREAS, pursuant to Section 33445 of the Act, the Agency may, with the consent of the
17 Mayor and Common Council of the City of San Bernardino (the "Council"), pay all or a part of the
cost of installation and construction of any building, facility, structure or other improvement which
18
19 is publicly owned either within or without the boundaries of a redevelopment project area if the
Council determines: (1) that such buildings, facilities, structures or other improvements that are
20
21 publicly owned are of benefit to the redevelopment project area by helping to eliminate blight within
22 the redevelopment project area; (2) that no other reasonable means of financing the acquisition of
land or installation or construction of such buildings, facilities, structures or other improvements are
23
available to the community, and such determination by the Community Development Commission
24
25 of the City of San Bernardino (the "Commission") and the Council shall be final and conclusive; (3)
26 that the payment of funds for the acquisition of land or the cost of the buildings, facilities, structures
27 or other improvements that are publicly owned is consistent with the Implementation Plan adopted
28 pursuant to Health & Safety Code Section 33490; and (4) as more fully described in the Agency
I Staff Report, the improvements to the Plaza at University Park are of overwhelming benefit to the
2 Project Area; and
3 WHEREAS, the Council and the Commission have previously approved and adopted the
4 Redevelopment Plan for the State College Redevelopment Project Area (hereinafter referred to as
5 the "Redevelopment Plan") wherein the boundaries of the redevelopment project area is set forth
6 (the "Project Area"); and
7 WHEREAS, on December 20, 2010, the Commission approved an Owner Participation
8 Agreement between the Agency and University Park Promenade and Shops, LLC, a California
9 limited liability company (the "Developer") to undertake certain public works improvements subject
10 to reimbursements by the Agency being remitted to the Developer, and the undertaking of additional
11 public works improvements to be undertaken by the Developer with Agency reimbursements; and
12 WHEREAS, approximately 912 jobs will be created with the completion of the
13 infrastructure and other public improvements; and
14 WHEREAS, the Plaza at University Park shall be publicly owned and is located immediately
15 adjacent to but outside the boundaries of the Project Area and are a continuation of the public
16 improvement plan of the Developer for the project indentified in the previously referenced Owner
17 Participation Agreement; and
18 WHEREAS, the infrastructure and other public improvements when completed, will allow
19 the University Park Promenade and Shops, LLC, to complete additional development which will
20 have a positive economic impact on various City, retail, business, and commercial functions, which
21 service the residents, workers, and business owners within the State College Redevelopment Project
22 Area.
23 NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND ORDERED BY
24 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, AS
25 FOLLOWS:
26 Section 1. The Recitals hereinabove are true and correct and are incorporated herein by
27 this reference.
28
2
I Section 2. The Council hereby consents to the payment by the Agency of those costs
2 required by the Owner Participation Agreement in order to ensure the economic enhancements and
3 stability of the Project Area within the City for the reasons set forth in the Recitals hereinabove.
4 The Council also finds and determines that: (1) the buildings, facilities, structures or other
5 improvements are of benefit to the Project Area by helping to eliminate blight within the Project
6 Area; (2) the Agency has fully investigated alternative sources of funding; (3) no other reasonable
7 means of financing the acquisition of land or installation or construction of such buildings, facilities,
8 structures or other improvements are available to the community; (4) the payment of funds for the
9 acquisition of land or the cost of the buildings, facilities, structures or other improvements is
10 consistent with the Implementation Plan adopted pursuant to Health & Safety Code Section 33490;
11 and (5) as more fully described in the Agency Staff Report, the improvements to the Plaza at
12 University Park are of overwhelming benefit to the Project Area.
13 Section 3. The Interim Executive Director is directed to have a Notice of Exemption
14 (NOE) filed and posted within five (5) days.
15 Section 4. The findings and determinations herein shall be final and conclusive. This
16 Resolution shall take effect upon its adoption and execution in the manner as required by the City
17 Charter.
18 //
19 //
20 //
21 //
22 //
23 //
24 //
25 //
26 //
27 //
28
3
P:\Agendas\Resolutions\Resolutions\2011\04-18.11 University Park promenade and Shops 33445 MCC Reso.docx
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO CONSENTING TO CERTAIN PAYMENTS BY THE
2 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND
MAKING CERTAIN FINDINGS AND DETERMINATIONS PURSUANT TO
3 HEALTH & SAFETY CODE SECTION 33445 AS TO THE BENEFIT TO THE
STATE COLLEGE REDEVELOPMENT PROJECT AREA FOR THE
4 INSTALLATION OF PUBLIC IMPROVEMENTS ADJACENT TO THE
5 PUBLIC RIGHTS-OF-WAY OF NORTHPARK BOULEVARD AND
UNIVERSITY PARKWAY (STATE COLLEGE REDEVELOPMENT
6 PROJECT AREA)
7 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
8
Common Council of the City of San Bernardino at a meeting thereof,
9 held on the 18th day of April, 2011, by the following vote to wit:
10
11 Council Members: Ayes Nays Abstain Absent
12 MARQUEZ
13 VACANT
14 BRINKER
15 SHORETT
KELLEY
16
JOHNSON
17
MC CAMMACK
18
19 Rachel G. Clark, City Clerk
20
21 The foregoing Resolution is hereby approved this day of , 2011.
22
23
Patrick J. Morris, Mayor
24 City of San Bernardino
Approved as to Form:
25
26
27 flames F. Penman, City Attorney
28
4
D
1 RESOLUTION NO.
2 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO MAKING CERTAIN FINDINGS AND
3 DETERMINATIONS PURSUANT TO HEALTH & SAFETY CODE SECTION
33445 AS TO THE BENEFIT TO THE STATE COLLEGE
4 REDEVELOPMENT PROJECT AREA FOR THE INSTALLATION OF
5 PUBLIC IMPROVEMENTS ADJACENT TO THE PUBLIC RIGHTS-OF-
WAY OF NORTHPARK BOULEVARD AND UNIVERSITY PARKWAY
6 (STATE COLLEGE REDEVELOPMENT PROJECT AREA)
7
8 WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency") is a
9 community redevelopment agency duly created, established and authorized to transact business and
10 exercise its powers, all under and pursuant to the California Community Redevelopment Law (the
11 "CRL"), codified under Division 24, Part 1 of the California Health and Safety Code commencing
12 at Section 33000 and is authorized to implement infrastructure projects for redevelopment purposes
13 located within the approved redevelopment project areas in the City of San Bernardino (the "City")
14 in accordance with the CRL; and
15 WHEREAS, pursuant to Section 33445 of the Act, the Agency may, with the consent of the
16 Mayor and Common Council of the City of San Bernardino (the "Council"), pay all or a part of the
17 cost of installation and construction of any building, facility, structure or other improvement which
18 is publicly owned either within or without the boundaries of a redevelopment project area if the
19 Council determines: (1) that such buildings, facilities, structures or other improvements that are
20 publicly owned are of benefit to the redevelopment project area by helping to eliminate blight within
21 the redevelopment project area; (2) that no other reasonable means of financing the acquisition of
22 land or installation or construction of such buildings, facilities, structures or other improvements
23 that are publicly owned are available to the community, and such determination by the Community
24 Development Commission of the City of San Bernardino (the "Commission") and the Council shall
25 be final and conclusive; (3) that the payment of funds for the acquisition of land or the cost of the
26 buildings, facilities, structures or other improvements that are publicly owned is consistent with the
27 Implementation Plan adopted pursuant to Health & Safety Code Section 33490; and (4) as more
28
1
i
1
3
s 1 fully described in the Agency Staff Report, the improvements to the Plaza at University Park are of
2 overwhelming benefit to the Project Area; and
3 WHEREAS, the Council and the Commission have previously approved and adopted the
4 Redevelopment Plan for the State College Redevelopment Project Area (hereinafter referred to as
5 the "Redevelopment Plan") wherein the boundaries of the redevelopment project area is set forth
6 (the "Project Area"); and
7 WHEREAS, on December 20, 2010, the Commission approved an Owner Participation
8 Agreement between the Agency and University Park Promenade and Shops, LLC, a California
{ 9 limited liability company (the "Developer") to undertake certain public works improvements subject
1
10 to reimbursements by the Agency being remitted to the Developer, and the undertaking of additional
11 public works improvements to be undertaken by the Developer with Agency reimbursement; and
12 WHEREAS, approximately 912 jobs will be created with the completion of the
i
13 infrastructure and other public improvements; and
14 WHEREAS, the Plaza at University Park shall be publicly owned and is located immediately
15 adjacent to but outside the boundaries of the Project Area and are a continuation of the public
16 improvement plan of the Developer for the project indentified in the previously referenced Owner
1
17 Participation Agreement; and
18 WHEREAS, the infrastructure improvements when completed, will allow the University
19 Park Promenade and Shops, LLC to complete additional development which will have a positive
economic impact on various City, business and commercial functions, which service the
20 eco p ty, ,
21 residents, workers, and business owners within the State College Redevelopment Project Area.
j
22 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE
23 CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS
a
24 FOLLOWS:
a
25 Section 1. The Recitals hereinabove are true and correct and are incorporated herein by
26 this reference.
27 Section 2. The Commission hereby consents to the payment by the Agency of those
28 costs required by the Owner Participation Agreement in order to ensure the economic enhancements
2
I and stability of the Project Area within the City for the reasons set forth in the Recitals hereinabove.
2 The Commission also finds and determines that: (1) the buildings, facilities, structures, or other
3 improvements that are publicly owned are of benefit to the Project Area by helping to eliminate
4 blight within the Project Area; (2) the Agency has fully investigated alternative sources of funding;
5 (3) no other reasonable means of financing the acquisition of land or installation or construction of
6 such buildings, facilities, structures or other improvements are available to the community; (4) the
7 payment of funds for the acquisition of land or the cost of the buildings, facilities, structures or other
8 improvements is consistent with the Implementation Plan adopted pursuant to Health& Safety Code
9 Section 33490; and (5) as more fully described in the Agency Staff Report, the improvements to the
10 Plaza at University Park are of overwhelming benefit to the Project Area.
11 Section 3. The Interim Executive Director is directed to have a Notice of Exemption
12 (NOE) filed and posted within five (5) days.
13 Section 4. The findings and determinations herein shall be final and conclusive. This
14 Resolution shall take effect from and after its date of adoption by this Commission.
% 15 //
16 //
17 //
18 //
19 //
20 //
21 //
22 //
23 //
24 //
25 //
26 //
27 //
28 //
3
P:\Agendas\Resolutions\Resolutions\2011\04-18-11 University Park Promenade and Shops 33445 CDC Reso.docx
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF
1 THE CITY OF SAN BERNARDINO MAKING CERTAIN FINDINGS AND
2 DETERMINATIONS PURSUANT TO HEALTH & SAFETY CODE SECTION
33445 AS TO THE BENEFIT TO THE STATE COLLEGE
3 REDEVELOPMENT PROJECT AREA FOR THE INSTALLATION OF
PUBLIC IMPROVEMENTS ADJACENT TO THE PUBLIC RIGHTS-OF-
4 WAY OF NORTHPARK BOULEVARD AND UNIVERSITY PARKWAY
5 (STATE COLLEGE REDEVELOPMENT PROJECT AREA)
6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community
7 Development Commission of the City of San Bernardino at a
8 meeting thereof, held on the 18th day of April, 2011, by the following vote to wit:
9
10 Commission Members: Ayes Nays Abstain Absent
11 MARQUEZ
VACANT
12
BRINKER
13
SHORETT
14
KELLEY
15 JOHNSON
16 MC CAMMACK
17
18 Secretary
19
20 The foregoing Resolution is hereby approved this day of , 2011.
21
' 22 Patrick J. Morris, Chairperson
23 Community Development Commission
of the City of San Bernardino
24 Approved as to Form:
25
By: v
26 Agency Counsel
27
28
4
1 RESOLUTION NO.
2 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO MAKING CERTAIN FINDINGS AND
3 DETERMINATIONS PURSUANT TO HEALTH & SAFETY CODE SECTION
33445 AS TO THE BENEFIT TO THE STATE COLLEGE
4 REDEVELOPMENT PROJECT AREA FOR THE INSTALLATION OF
5 PUBLIC IMPROVEMENTS ADJACENT TO THE PUB C RIGHTS-OF-
WAY OF NORTHPARK BOULEVARD AND UNIV SITY PARKWAY
6 (STATE COLLEGE REDEVELOPMENT PROJECT A A)
7
8 WHEREAS, the Redevelopment Agency of the Cit of San Bernardino (the "Agency") is a
9 community redevelopment agency duly created, establi ed and authorized to transact business and
10 exercise its powers, all under and pursuant to the C lifornia Community Redevelopment Law (the
11 "CRL"), codified under Division 24, Part 1 of t California Health and Safety Code commencing
12 at Section 33000 and is authorized to impleme t infrastructure projects for redevelopment purposes
13 located within the approved redevelopment roject areas in the City of San Bernardino (the "City")
14 in accordance with the CRL; and
15 WHEREAS, pursuant to Sectio 33445 of the Act, the Agency may, with the consent of the
16 Mayor and Common Council of the ity of San Bernardino (the "Council"), pay all or a part of the
17 cost of installation and constructio of any building, facility, structure or other improvement which
18 is publicly owned either within without the boundaries of a redevelopment project area if the
19 Council determines: (1) that su h buildings, facilities, structures or other improvements that are
20 publicly owned are of benefit t the redevelopment project area by b -_,late blight within
21 the redevelopment project ar a; (2) that no other reasonable meal Do;?/1911VAL I of
22 land or installation or const ction of such buildings, facilities, cents
23 that are publicly owned are available to the community, and su( (^' iunity
24 Development Commission of the City of San Bernardino (the ' ;il shall
25 be final and conclusive; (3) that the payment of funds for the st of the
26 buildings, facilities, structures or other improvements that are publicly owneu . t with the
27 Implementation Plan adopted pursuant to Health & Safety Code Section 33490; and (4) as more
28
1
I fully described in the Agency Staff Report, the improvements to the Plaza at University Park are of
2 overwhelming benefit to the Project Area; and
3 WHEREAS, the Council and the Commission have previously approved and adopted the
4 Redevelopment Plan for the State College Redevelopment Project Area (hereinafter referred to as
5 the "Redevelopment Plan") wherein the boundaries of the redevelopment project area is set forth
6 (the "Project Area"); and
7 WHEREAS, on December 20, 2010, the Commission approved an Owner Participation
8 Agreement between the Agency and University Park Promenade and Shops, LLC, a California
9 limited liability company (the "Developer") to undertake certain public works improvements subject
10 to reimbursements by the Agency being remitted to the Developer, and the undertaking of additional
11 public works improvements to be undertaken by the Developer with Age y reimbursement; and
12 WHEREAS, approximately 912 jobs will be create with the completion of the
13 infrastructure and other public improvements; and
14 WHEREAS, the Plaza at University Park shall b publicly owned and is located immediately
15 adjacent to but outside the boundaries of the Proj ct Area and are a continuation of the public
16 improvement plan of the Developer for the proj t indentified in the previously referenced Owner
17 Participation Agreement; and
18 WHEREAS, the infrastructure imp vements when completed, will allow the University
19 Park Promenade and Shops, LLC to co lete additional development which will have a positive
20 economic impact on various City, ret 1, business, and commercial functions, which service the
21 residents, workers, and business owne s within the State College Redevelopment Project Area.
22 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE
23 CITY OF SAN BERNARDINO OES HEREBY RESOLVE, DETERMINE AND ORDER, AS
24 FOLLOWS:
25 Section 1. The Recitals hereinabove are true and correct and are incorporated herein by
26 this reference.
27 Section 2. The Commission hereby consents to the payment by the Agency of those
28 costs required by the Owner Participation Agreement in order to ensure the economic enhancements
2
I and stability of the Project Area within the City for the reasons set forth in the Recitals hereinabove.
2 The Commission also finds and determines that: (1) the buildings, facilities, structures, or other
3 improvements that are publicly owned are of benefit to the Project Area by helping to eliminate
4 blight within the Project Area; (2) the Agency has fully investigated alternative sources of finding;
5 (3) no other reasonable means of financing the acquisition of land or installation or construction of
6 such buildings, facilities, structures or other improvements are availabl to the community; (4) the
7 payment of funds for the acquisition of land or the cost of the b ' ings, facilities, structures or other
8 improvements is consistent with the Implementation Pla dopted pursuant to Health & Safety Code
9 Section 33490; and (5) as more fully described in t Agency Staff Report, the improvements to the
10 Plaza at University Park are of overwhelming nefit to the Project Area.
11 Section 3. The Interim Execu ' e Director is directed to have a Notice of Exemption
12 (NOE) filed and posted within five (5) ays.
13 Section 4. The findings and determinations herein shall be final and conclusive. This
14 Resolution shall take effect from nd after its date of adoption by this Commission.
15
16
17
18 //
19 //
20 //
21
22
23
24 //
25 //
26 //
27 //
28 //
3
I H
2 H
3 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO MAKING CERTAIN FINDINGS AND
4 DETERMINATIONS PURSUANT TO HEALTH & SAFETY CODE SECTION
33445 AS TO THE BENEFIT TO THE STATE COLLEGE
5 REDEVELOPMENT PROJECT AREA FOR THE INSTALLATION OF
PUBLIC IMPROVEMENTS ADJACENT TO THE PUBLIC RIGHTS-OF-
6 WAY OF NORTHPARK BOULEVARD AND UNIVERSITY PARKWAY
7 (STATE COLLEGE REDEVELOPMENT PROJECT AREA)
8 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community
9 Development Commission of the City of San Bernardino at a
10 meeting thereof, held on the 4th day of April, 2011, by the following vote to wit:
11 ��
i
12 Commission Members: Ayes Nays Abstain Q Absent
13 MARQUEZ
VACANT
14
BRINKER
15
SHORETT
16
KELLEY
17
JOHNSON
18 MC CAMMACK
19
20 Secretary
21
22 The foregoing Resolution is ereby approved this day of 2011.
23
24 Patrick J. Morris, Chairperson
25 Community Development Commission
of the City of San Bernardino
26 Approved as to Form:
27
2 By:
8
Agency oun 1
4
s
CITY OF SAN BERNARDINO
ECONOMIC DEVELOPMENT AGENCY
FROM: Emil A.Marzullo SUBJECT: University Park Promenade and Shops, LLC -
Interim Executive Director Benefit Resolutions for certain public
improvements adjacent to North Park Boulevard
and University Parkway pursuant to the Owner
DATE: March 23, 2011 Participation Agreement
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Synopsis of Previous Commission/Council/Committee Action(s):
On December 20, 2010, the Community Development Commission of the City of San Bernardino approved a Property Owner
Participation Agreement between the Agency and University Park Promenade and Shops,LLC.
---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Recommended Motion(s):
(Mayor and Common Council)
A: Resolution of the Mayor and Common Council of the City of San Bernardino consenting to certain payments by the
Redevelopment Agency of the City of San Bernardino and making certain findings and determinations pursuant to Health
& Safety Code Section 33445 as to the benefit to the State College Redevelopment Project Area for the installation of
public improvements adjacent to the Public Rights-of-Way of North Park Boulevard and University Parkway (State
College Redevelopment Project Area)
(Community Development Commission)
B: Resolution of the Community Development Commission of the City of San Bernardino making certain findings and
1 determinations pursuant to Health & Safety Code Section 33445 as to the benefit to the State College Redevelopment
Project Area for the installation of public improvements adjacent to the Public Rights-of-Way of North Park Boulevard
and University Parkway(State College Redevelopment Project Area)
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Contact Person(s): Brian Turnbull Phone: (909)663-1044
State College
Project Area(s): Redevelopment Project Area Ward(s): 5
Supporting Data Attached: 0 Staff Report R1 Resolution(s) ❑Agreement(s)/Contract(s) ❑Map(s)❑Letter(s)
previously
FUNDING REQUIREMENTS: Amount: $ approved Source: EB-5/tax increment
Budget Authority: 2010-2011 Budget
Signature: Fiscal Review:
Emil A.Marzullo,In ecutive Director Lori Panz` o-Till te' ief Financial Officer
-T
-----------------------------------------------------------------------
Commission/Council Notes: ��
-
1
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P:\Agendas\Comm Dev Commission\CDC 2011\04-04-11 University Park Promenade and Shops 33445 SR.docx COMMISSION MEETINGAGENDA
Meeting Date: ���/��
Agenda Item Number: r3
i
I
ECONOMIC DEVELOPMENT AGENCY
STAFF REPORT
UNIVERSITY PARK PROMENADE AND SHOPS,LLC -BENEFIT RESOLUTIONS
FOR CERTAIN PUBLIC IMPROVEMENTS ADJACENT TO NORTH PARK BOULEVARD AND
UNIVERSITY PARKWAY PURSUANT TO THE
OWNER PARTICIPATION AGREEMENT
BACKGROUND:
In 2004, J.R. Watson and Associates Development Corp. (the "Developer") began development of a
subdivision of approximately 16.2 acres west of California State University San Bernardino ("CSUSB").
The Promenade and Shops consists of a 10-lot condominium subdivision comprising 13 Hillside detached
live/work units, 6 live/work units and 19 hillside townhomes, 64 cluster detached dwellings, 29 attached
town-house units with a recreation center, 35 mixed-use units, 1 corporate condominium unit, an
approximately 10,000 square foot University Club, a Newman Center for CSUSB students and 15,324
square feet of restaurant and commercial retail space. However, the CUP for these uses has expired, the
final uses will be determined based on market conditions and will require processing new entitlements in
the future. The Promenade and Shops will have a completed market value exceeding $55 million upon
completion. The project site is located across the street from CSUSB at the northwest corner of Northpark
Boulevard and University Parkway in the CG-2, Commercial General land use district.
CURRENT ISSUE:
On March 17, 2010, the Redevelopment Agency of the City of San Bernardino ("Agency") received a
request from the Developer for the University Park Master Planned Development, for financial assistance
for infrastructure and other public improvements to the street rights-of-way of University Parkway and
Northpark Boulevard. The proposed infrastructure and public improvements are located within the
boundaries of the State College Redevelopment Project Area, with the exception of the Plaza at University
Park, and the Plaza at University Park borders the portion of the redevelopment project area ("Project
Area") located northwest of the intersection of Northpark Boulevard and University Parkway and provide
significant benefits to the Project Area. The Promenade and Shops are part of the University Park Master
Planned Development which will serve as the gateway to CSUSB.
On December 20, 2010, the Community Development Commission of the City of San Bernardino
("Commission") approved an Owner Participation Agreement ("OPA") between the Agency and the
Developer where the Developer agreed to construct the infrastructure and other public improvements and
the Agency agreed to reimburse the Developer for said improvements in an amount not to exceed
$999,203. In addition, the Developer agreed that within 180 days after completion of said infrastructure
and public improvements, the Developer will begin grading for the 18.66 acres known as the Promenade
and the 2.67 acres known as The Shops. The Developer will be required to undertake a modified
competitive bidding process to assure the lowest price for the infrastructure and public improvements plus
State prevailing wages will be required to be paid on all such work. The construction of this project will
create a significant number of jobs. Economists have estimated that employment created by construction
expenditures generate 24 full-time jobs for 1 year per $1 million of expenditures. Using a conservative
$38,000,000 for construction would generate approximately 912 full-time jobs for I year.
-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P:\Agendas\Comm Dev Commission\CDC 2011\04-04-11 University Park Promenade and Shops 33445 SR.docx COMMISSION MEETINGAGENDA
Meeting Date: 04/04/2011
Agenda Item Number: 23
Economic Development Agency Staff Report
Infrastructure Improvements to North Park Boulevard and University Parkway
Page 2
Now that the Developer has commenced with the preparation of the precise engineering design on the
infrastructure and public improvements being undertaken by the Developer, it has been determined that all
the roadway and typical landscaping improvements are located within the boundaries of the Project Area.
The additional public improvement area known as the Plaza at University Park as illustrated on the map
attached to this Staff Report is located adjacent to but outside the boundaries of the Project Area. It is
necessary now for the Commission and the Council to consider adoption of the appropriate resolutions
pursuant to Health & Safety Code Section 33445 to allow for the future reimbursement from tax increment
revenues of the costs associated with the Plaza at University Park. Public improvements such as the Plaza
at University Park are of benefit to the adjacent Project Area and are the continuation of the public
improvement plans for the overall project of the Developer whether the public improvements are located
within the Project Area or immediately adjacent thereto.
ENVIRONMENTAL IMPACT:
The improvements identified as the Project are categorically exempt from the California Environmental
Quality Act ("CEQA")pursuant to (i) Class 1(b) and 1(c) of"Existing Facilities" and/or(ii) Class 4(a), (b)
and (f) of"Minor Alterations to Land" and/or (iii) Class 3(d) and (e) of"New Construction or Conversion
of Small Structures". All such improvements constituting the Project are similarly those improvements
addressed by the City of San Bernardino Planning Commission adopted Mitigated
Negative Declaration and Mitigation Monitoring/Reporting Program for Tentative Tract Map No. 16509
and Conditional Use Permit No. 03-06 on May 6, 2003, and the City of San Bernardino Planning
Commission adopted Mitigated Negative Declaration and Mitigation Monitoring/Reporting Program for
Tentative Tract Map No. 17703 and Conditional Use Permit No. 06-04 on April 4, 2006. The cited
categorical exemptions and previously adopted Mitigated Negative Declarations and Mitigation
Monitoring/Reporting Programs are adequate documentation of CEQA compliance for the undertaking of
the Project by the Participant.
FISCAL IMPACT:
$2,700,000 of CMB Export Loan funds from the 2009 EB-5 $15,000,000 loan to the Agency were
budgeted in the 2010-2011 Agency Budget for I-215/University Parkway Interchange. $999,203 of these
funds will be used for purposes of funding the reimbursements under the OPA with the Developer with the
future repayment of the CMB Export Loan being made from tax increment revenues of the Project Area.
RECOMMENDATION:
That the Mayor and Common Council and the Community Development Commission adopt the attached
Resolutions.
�h
Emil A. Marzullo,In Brim Executive Director
-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
PAAgendas\Comm Dev Commission\CDC 2011\04-04-11 University Park Promenade and Shops 33445 SR.doex COMMISSION MEETINGAGENDA
Meeting Date: 04/04/2/011
Agenda Item Number: 73
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1 RESOLUTION NO.
2 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO MAKING CERTAIN FINDINGS AND
3 DETERMINATIONS PURSUANT TO HEALTH & SAFETY CODE SECTION
33445 AS TO THE BENEFIT TO THE STATE COLLEGE
4 REDEVELOPMENT PROJECT AREA FOR THE INSTALLATION OF
5 PUBLIC IMPROVEMENTS ADJACENT TO THE PUBLIC RIGHTS-OF-
WAY OF NORTHPARK BOULEVARD AND UNIVERSITY PARKWAY
6 (STATE COLLEGE REDEVELOPMENT PROJECT AREA)
7
WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency") is a
8
community redevelopment agency duly created, established and authorized to transact business and
9
exercise its powers, all under and pursuant to the California Community Redevelopment Law (the
10
"CRL"), codified under Division 24, Part I of the California Health and Safety Code commencing
11
at Section 33000 and is authorized to implement infrastructure projects for redevelopment purposes
12
located within the approved redevelopment project areas in the City of San Bernardino (the "City")
13
in accordance with the CRL; and
14
WHEREAS, pursuant to Section 33445 of the Act, the Agency may, with the consent of the
15
Mayor and Common Council of the City of San Bernardino (the "Council"), pay all or a part of the
16
cost of installation and construction of any building, facility, structure or other improvement which
17
is publicly owned either within or without the boundaries of a redevelopment project area if the
18
Council determines: (1) that such buildings, facilities, structures or other improvements that are
19
publicly owned are of benefit to the redevelopment project area by helping to eliminate blight within
20
the redevelopment project area; (2) that no other reasonable means of financing the acquisition of
21
land or installation or construction of such buildings, facilities, structures or other improvements
22
that are publicly owned are available to the community, and such determination by the Community
23
Development Commission of the City of San Bernardino (the "Commission") and the Council shall
24
be final and conclusive; and, (3) that the payment of funds for the acquisition of land or the cost of
25
the buildings, facilities, structures or other improvements that are publicly owned is consistent with
26
the Implementation Plan adopted pursuant to Health& Safety Code Section 33490; and
27
28
1
P:Wgendas\Resolutions\Resolutions\2011\04-04-11 University Park Promenade and Shops 33445 CDC Reso.docx
i .
6
`s
a
I WHEREAS, the Council and the Commission have previously approved and adopted the
2 Redevelopment Plan for the State College Redevelopment Project Area (hereinafter referred to as
3 the "Redevelopment Plan") wherein the boundaries of the redevelopment project area is set forth
4 (the "Project Area"); and
5 WHEREAS, on December 20, 2010, the Commission approved an Owner Participation
6 Agreement between the Agency and University Park Promenade and Shops, LLC, a California
7 limited liability company (the "Developer") to undertake certain public works improvements subject
8 to reimbursements by the Agency being remitted to the Developer, and the undertaking of additional
9 public works improvements to be undertaken by the Developer with Agency reimbursement; and
10 WHEREAS, approximately 912 jobs will be created with the completion of the
11 infrastructure and other public improvements; and
12 WHEREAS, the Plaza at University Park shall be publicly owned and is located immediately
13 adjacent to but outside the boundaries of the Project Area and are a continuation of the public
14 improvement plan of the Developer for the project indentified in the previously referenced Owner
15 Participation Agreement; and
16 WHEREAS, the infrastructure improvements when completed, will allow the University
17 Park Promenade and Shops, LLC to complete additional development which will have a positive
18 economic impact on various City, retail, business, and commercial functions, which service the
19 residents, workers, and business owners within the State College Redevelopment Project Area.
20 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE
1 21 CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS
22 FOLLOWS:
23 Section 1. The Recitals hereinabove are true and correct and are incorporated herein by
24 this reference.
25 Section 2. The Commission hereby consents to the payment by the Agency of those
26 costs required by the Owner Participation Agreement in order to ensure the economic enhancements
27 and stability of the Project Area within the City for the reasons set forth in the Recitals hereinabove.
28 The Commission also finds and determines that: (1) the buildings, facilities, structures, or other
2
P:\Agendas\Resolutions\Resolutions\2011\04-04-11 University Park Promenade and Shops 33445 CDC Reso.docx
I improvements that are publicly owned are of benefit to the Project Area by helping to eliminate
2 blight within the Project Area; (2) no other reasonable means of financing the acquisition of land or
3 installation or construction of such buildings, facilities, structures or other improvements, are
4 available to the community; and (3) the payment of funds for the acquisition of land or the cost of
5 the buildings, facilities, structures or other improvements is consistent with the Implementation Plan
6 adopted pursuant to Health& Safety Code Section 33490.
7 Section 3. The findings and determinations herein shall be final and conclusive. This
8 Resolution shall take effect from and after its date of adoption by this Commission.
9 //
10 //
11 //
12 //
13 //
14 //
15 //
16 //
17 //
18 //
19 //
20
9
a
21 //
22 //
23
3
24 //
25 //
26 //
27 //
28 //
P:\Agendas\Resolutions\Resolutions\2011\04-04-11 University Park Promenade and Shops 33445 CDC Reso.docx
0
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF
1 THE CITY OF SAN BERNARDINO MAKING CERTAIN FINDINGS AND
2 DETERMINATIONS PURSUANT TO HEALTH & SAFETY CODE SECTION
33445 AS TO THE BENEFIT TO THE STATE COLLEGE
3 REDEVELOPMENT PROJECT AREA FOR THE INSTALLATION OF
PUBLIC IMPROVEMENTS ADJACENT TO THE PUBLIC RIGHTS-OF-
4 WAY OF NORTHPARK BOULEVARD AND UNIVERSITY PARKWAY
5 (STATE COLLEGE REDEVELOPMENT PROJECT AREA)
6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community
7 Development Commission of the City of San Bernardino at a
8 meeting thereof,held on the 4th day of April, 2011, by the following vote to wit:
9
10 Commission Members: Ayes Nays Abstain Absent
11 MARQUEZ
VACANT
12
BRINKER
13
14 SHORETT
KELLEY
15
JOHNSON
16 MC CAMMACK
17
18 Secretary
19
20 The foregoing Resolution is hereby approved this day of , 2011.
21
22 Patrick J. Morris, Chairperson
23 Community Development Commission
of the City of San Bernardino
24 Approved as to Form:
25
26 By.
Agency Co se
27
28
4
P:Wgendas\Resolutions\Resolutions\2011\04-04-11 University Park Promenade and Shops 33445 CDC Reso.docx
CITY OF SAN BERNARDINO
ECONOMIC DEVELOPMENT AGENCY
FROM: Emil A.Marzullo SUBJECT: University Park Promenade and Shops, LLC -
Interim Executive Director Benefit Resolutions for certain public
improvements adjacent to North Park Boulevard
and University Parkway pursuant to the Owner
DATE: March 23, 2011 Participation Agreement
----------------------------------------------------------------------------—---------------------------------------------------------——------------------------—-----------------------------------------
Synopsis of Previous Commission/Council/Committee Action(s):
On December 20, 2010, the Community Development Commission of the City of San Bernardin approved a Property Owner
Participation Agreement between the Agency and University Park Promenade and Shops,LLC.
i
------------------------------------------------------------------------------------------------------------------------------------ ----------------------------------------------------------------
Recommended Motion(s):
(Mayor and Common ouncil
A: Resolution of the Mayor and Common Council of the City of n Bernardino consenting to certain payments by the
Redevelopment Agency of the City of San Bernardino and m ' g certain findings and determinations pursuant to Health
& Safety Code Section 33445 as to the benefit to the State ollege Redevelopment Project Area for the installation of
public improvements adjacent to the Public Rights-of-W y of North Park Boulevard and University Parkway (State
College Redevelopment Project Area)
Communi Develo ment Commission
B: Resolution of the Community Development Co mission of the City of San Bernardino making certain findings and
determinations pursuant to Health & Safety C e Section 33445 as to the benefit to the State College Redevelopment
Project Area for the installation of public im ovements adjacent to the Public Rights-of-Way of North Park Boulevard
and University Parkway(State College Red elopment Project Area)
Contact Person(s): Brian T bull Phone: (909)663-1044
Stat College
Project Area(s): Redevelo ent Project Area Ward(s): 5
Supporting Data Attached: 0 ff Report 2 Resolution(s) ❑Agreement(s)/Contract(s)❑Map(s)❑Letter(s)
previously
FUNDING REQUIREMENTS: Amount: $ approved Source: EB-5/tax increment
Budget Authority: 2010-2011 Budget
Signature: Fiscal Review:
Emil A.Mar llo,In cutive Director Lori Panz o-Till to ' ief Financial Officer
---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Commission/Council Notes:
--------------------------------------------------------------------------------------- ----------------------------------
P:\Agendas\Comm Dev Commission\CDC 2011\04-04-11 University Park Promenade and Shops 33445 SM.. COMMISSION MEETINGAGENDA
Meeting Date: 04//04/2011
Agenda Item Number: P;_7 3
ECONOMIC DEVELOPMENT AGENCY
STAFF REPORT
-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------—-------------------------
UNIVERSITY PARK PROMENADE AND SHOPS,LLC -BENEFIT RESOLUTIONS
FOR CERTAIN PUBLIC IMPROVEMENTS ADJACENT TO NORTH PARK BOULEVARD AND
UNIVERSITY PARKWAY PURSUANT TO THE
OWNER PARTICIPATION AGREEMENT
BACKGROUND:
In 2004, J.R. Watson and Associates Development Corp. (the "Developer") began development of a
subdivision of approximately 16.2 acres west of California State University San Bernardino ("CSUSB").
The Promenade and Shops consists of a 10-lot condominium subdivision comprising 13 Hillside detached
live/work units, 6 live/work units and 19 hillside townhomes, 64 cluster detached dwellings, 29 attached
town-house units with a recreation center, 35 mixed-use units, I corporate condominium unit, an
approximately 10,000 square foot University Club, a Newman Center for CSUSB students and 15,324
square feet of restaurant and commercial retail space. However, the CUP for these uses has expired, the
final uses will be determined based on market conditions and will require processing new entitlements in
the future. The Promenade and Shops will have a completed market value exceeding $55 million upon
completion. The project site is located across the street from CSUSB at the northwest corner of Northpark
Boulevard and University Parkway in the CG-2, Commercial General land use district.
CURRENT ISSUE:
On March 17, 2010, the Redevelopment Agency of the City of San Bernardino ("Agency") received a
request from the Developer for the University Park Master Planned Development, for financial assistance
for infrastructure and other public improvements to the street rights-of-way of University Parkway and
Northpark Boulevard. The proposed infrastructure and public improvements are located within the
boundaries of the State College Redevelopment Project Area, with the exception of the Plaza at University
Park, and the Plaza at University Park borders the portion of the redevelopment project area ("Project
Area") located northwest of the intersection of Northpark Boulevard and University Parkway and provide
significant benefits to the Project Area. The Promenade and Shops are part of the University Park Master
Planned Development which will serve as the gateway to CSUSB.
On December 20, 2010, the Community Development Commission of the City of San Bernardino
("Commission") approved an Owner Participation Agreement ("OPA") between the Agency and the
Developer where the Developer agreed to construct the infrastructure and other public improvements and
the Agency agreed to reimburse the Developer for said improvements in an amount not to exceed
$999,203. In addition, the Developer agreed that within 180 days after completion of said infrastructure
and public improvements, the Developer will begin grading for the 18.66 acres known as the Promenade
and the 2.67 acres known as The Shops. The Developer will be required to undertake a modified
competitive bidding process to assure the lowest price for the infrastructure and public improvements plus
State prevailing wages will be required to be paid on all such work. The construction of this project will
create a significant number of jobs. Economists have estimated that employment created by construction
expenditures generate 24 full-time jobs for 1 year per $1 million of expenditures. Using a conservative
$38,000,000 for construction would generate approximately 912 full-time jobs for I year.
---------------------—-------—_____------------------------------------------------------—-----------------—-------------------------------------------------------------------------------------------
P:\Agendas\Comm Dev Commission\CDC 2011\04-0411 University Park Promenade and Shops 33445 SRA. COMMISSION MEETINGAGENDA
Meeting Date: 04/04/2011
Agenda Item Number: 23
Economic Development Agency Staff Report
Infrastructure Improvements to North Park Boulevard and University Parkway
Page 2
Now that the Developer has commenced with the preparation of the precise engineering design on the
infrastructure and public improvements being undertaken by the Developer, it has been determined that all
the roadway and typical landscaping improvements are located within the boundaries of the Project Area.
The additional public improvement area known as the Plaza at University Park as illustrated on the map
attached to this Staff Report is located adjacent to but outside the boundaries of the Project Area. It is
necessary now for the Commission and the Council to consider adoption of the appropriate resolutions
pursuant to Health & Safety Code Section 33445 to allow for the future reimbursement from tax increment
revenues of the costs associated with the Plaza at University Park. Public improvements such as the Plaza
at University Park are of benefit to the adjacent Project Area and are the continuation of the public
improvement plans for the overall project of the Developer whether the public improvements are located
within the Project Area or immediately adjacent thereto.
ENVIRONMENTAL IMPACT:
The improvements identified as the Project are categorically exempt from the California Environmental
Quality Act("CEQA")pursuant to (i) Class 1(b) and 1(c) of"Existing Facilities" and/or(ii) Class 4(a), (b)
and (f) of"Minor Alterations to Land" and/or (iii) Class 3(d) and (e) of"New Construction or Conversion
of Small Structures". All such improvements constituting the Project are similarly those improvements
addressed by the City of San Bernardino Planning Commission adopted Mitigated
Negative Declaration and Mitigation Monitoring/Reporting Program for Tentative Tract Map No. 16509
and Conditional Use Permit No. 03-06 on May 6, 2003, and the City of San Bernardino Planning
Commission adopted Mitigated Negative Declaration and Mitigation Monitoring/Reporting Program for
Tentative Tract Map No. 17703 and Conditional Use Permit No. 06-04 on April 4, 2006. The cited
categorical exemptions and previously adopted Mitigated Negative Declarations and Mitigation
Monitoring/Reporting Programs are adequate documentation of CEQA compliance for the undertaking of
the Project by the Participant.
FISCAL IMPACT:
$2,700,000 of CMB Export Loan funds from the 2009 EB-5 $15,000,000 loan to the Agency were
budgeted in the 2010-2011 Agency Budget for I-215/University Parkway Interchange. $999,203 of these
funds will be used for purposes of funding the reimbursements under the OPA with the Developer with the
future repayment of the CMB Export Loan being made from tax increment revenues of the Project Area.
RECOMMENDATION:
That the Mayor and Common Council and the Community Development Commission adopt the attached
Resolutions.
Emil A. Marzullo,In Brim Executive Director
------------------------__------------------------------------------------—-------------------------------------------------------------------------
P:\Agendas\Comm Dev Commission\CDC 2011\04-04-11 University Park Promenade and Shops 33445 SR.docx COMMISSION MEETINGAGENDA
Meeting Date: 04/04/2/011
Agenda Item Number: �3
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City of San Bernardino ,
Redevelopment Project Area -State Cofle e '
1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO CONSENTING TO CERTAIN PAYMENTS BY THE
3 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND
MAKING CERTAIN FINDINGS AND DETERMINATIONS PURSUANT TO
4 HEALTH & SAFETY CODE SECTION 33445 AS TO THE BENEFIT TO
5 THE STATE COLLEGE REDEVELOPMENT PROJECT AREA FOR THE
INSTALLATION OF PUBLIC IMPROVEMENTS ADJACENT TO THE
6 PUBLIC RIGHTS-OF-WAY OF NORTHPARK BOULEVARD AND
UNIVERSITY PARKWAY (STATE COLLEGE REDEVELOPMENT
7 PROJECT AREA)
8
9 WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency") is a
10 community redevelopment agency duly created, established and authorized to transact business and
11 exercise its powers, all under and pursuant to the California Community Redevelopment Law (the
12 "CRL"), codified under Division 24, Part 1 of the California Health and Safety Code commencing
13 at Section 33000 and is authorized to implement infrastructure projects for redevelopment purposes
14 located within the approved redevelopment project areas in the City of San Bernardino (the "City")
15 in accordance with the CRL; and
16 WHEREAS, pursuant to Section 33445 of the Act, the Agency may, with the consent of the
17 Mayor and Common Council of the City of San Bernardino (the "Council"), pay all or a part of the
18 cost of installation and construction of any building, facility, structure or other improvement which
19 is publicly owned either within or without the boundaries of a redevelopment project area if the
20 Council determines: (1) that such buildings, facilities, structures or other improvements that are
21 publicly owned are of benefit to the redevelopment project area by helping to eliminate blight within
22 the redevelopment project area; (2) that no other reasonable means of financing the acquisition of
23 land or installation or construction of such buildings, facilities, structures or other improvements are
24 available to the community, and such determination by the Community Development Commission
25 of the City of San Bernardino (the "Commission") and the Council shall be final and conclusive;
26 and, (3) that the payment of funds for the acquisition of land or the cost of the buildings, facilities,
27 structures or other improvements that are publicly owned is consistent with the Implementation Plan
28 adopted pursuant to Health& Safety Code Section 33490; and
1
P:\Agendas\Resolutions\Resolutions\2011\04-04-11 University Park Promenade and Shops 33445 MCC Reso.docx
I WHEREAS, the Council and the Commission have previously approved and adopted the
2 Redevelopment Plan for the State College Redevelopment Project Area (hereinafter referred to as
3 the "Redevelopment Plan") wherein the boundaries of the redevelopment project area is set forth
4 (the "Project Area"); and
5 WHEREAS, on December 20, 2010, the Commission approved an Owner Participation
6 Agreement between the Agency and University Park Promenade and Shops, LLC, a California
7 limited liability company (the "Developer") to undertake certain public works improvements subject
8 to reimbursements by the Agency being remitted to the Developer, and the undertaking of additional
9 public works improvements to be undertaken by the Developer with Agency reimbursements; and
10 WHEREAS, approximately 912 jobs will be created with the completion of the
11 infrastructure and other public improvements; and
12 WHEREAS, the Plaza at University Park shall be publicly owned and is located immediately
13 adjacent to but outside the boundaries of the Project Area and are a continuation of the public
14 improvement plan of the Developer for the project indentified in the previously referenced Owner
15 Participation Agreement; and
16 WHEREAS, the infrastructure and other public improvements when completed, will allow
17 the University Park Promenade and Shops, LLC, to complete additional development which will
18 have a positive economic impact on various City, retail, business, and commercial functions, which
19 service the residents, workers, and business owners within the State College Redevelopment Project
20 Area.
21 NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND ORDERED BY
22 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, AS
23 FOLLOWS:
24 Section 1. The Recitals hereinabove are true and correct and are incorporated herein by
25 this reference.
26 Section 2. The Council hereby consents to the payment by the Agency of those costs
27 required by the Owner Participation Agreement in order to ensure the economic enhancements and
28 stability of the Project Area within the City for the reasons set forth in the Recitals hereinabove.
2
P:\Agendas\Resolutions\Resolutions\2011\04-04-11 University Park Promenade and Shops 33445 MCC Reso.doex
1 The Council also finds and determines that: (1) the buildings, facilities, structures or other
2 improvements are of benefit to the Project Area by helping to eliminate blight within the Project
3 Area; (2) no other reasonable means of financing the acquisition of land or installation or
4 construction of such buildings, facilities, structures or other improvements are available to the
5 community; and (3) the payment of funds for the acquisition of land or the cost of the buildings,
6 facilities, structures or other improvements is consistent with the Implementation Plan adopted
7 pursuant to Health & Safety Code Section 33490.
8 Section 3. The findings and determinations herein shall be final and conclusive. This
9 Resolution shall take effect upon its adoption and execution in the manner as required by the City
10 Charter.
11 //
12 //
13 //
14 //
15 //
16 //
17 //
18 //
19 //
20 //
21 //
22 //
23 //
24 //
25 //
26 //
27 //
28 //
3
P:W gendas\Resolutions\Resolutions\2011\04-04-I 1 University Park Promenade and Shops 33445 MCC Reso.docx
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO CONSENTING TO CERTAIN PAYMENTS BY THE
2 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND
MAKING CERTAIN FINDINGS AND DETERMINATIONS PURSUANT TO
3 HEALTH & SAFETY CODE SECTION 33445 AS TO THE BENEFIT TO THE
STATE COLLEGE REDEVELOPMENT PROJECT AREA FOR THE
4 INSTALLATION OF PUBLIC IMPROVEMENTS ADJACENT TO THE
5 PUBLIC RIGHTS-OF-WAY OF NORTHPARK BOULEVARD AND
UNIVERSITY PARKWAY (STATE COLLEGE REDEVELOPMENT
6 PROJECT AREA)
7 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
8
Common Council of the City of San Bernardino at a meeting thereof,
9 held on the 4th day of April, 2011, by the following vote to wit:
10
11 Council Members: Ayes Nays Abstain Absent
12 MARQUEZ
13 VACANT
14 BRINKER
SHORETT
15
KELLEY
16
JOHNSON
17
MC CAMMACK
18
19 Rachel G. Clark, City Clerk
20
21 The foregoing Resolution is hereby approved this day of , 2011.
22
23 Patrick J. Morris, Mayor
24 City of San Bernardino
Approved as to Form:
25
26 By:
27 James F. Penman, City Attorney
28
4
P:Wgendas\Resolutions\Resolutions\2011\04-04-11 University Park Promenade and Shops 33445 MCC Reso.docx
i
1 RESOLUTION NO.
2 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO MAKING CERTAIN FINDINGS AND
3 DETERMINATIONS PURSUANT TO HEALTH & SAFETY CODE SECTION
33445 AS TO THE BENEFIT TO THE STATE COLLEGE
4 REDEVELOPMENT PROJECT AREA FOR THE INSTALLATION OF
5 PUBLIC IMPROVEMENTS ADJACENT TO THE PUBLIC RIGHTS-OF-
WAY OF NORTHPARK BOULEVARD AND UNIVERSITY PARKWAY
6 (STATE COLLEGE REDEVELOPMENT PROJECT AREA)
7
WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency") is a
8
community redevelopment agency duly created, established and authorized to transact business and
9
exercise its powers, all under and pursuant to the California Community Redevelopment Law (the
10
"CRL"), codified under Division 24, Part 1 of the California Health and Safety Code commencing
11
at Section 33000 and is authorized to implement infrastructure projects for redevelopment purposes
12
located within the approved redevelopment project areas in the City of San Bernardino (the "City")
13
in accordance with the CRL; and
14
WHEREAS, pursuant to Section 33445 of the Act, the Agency may, w' h the consent of the
15
Mayor and Common Council of the City of San Bernardino (the "Counc' , pay all or a part of the
16
cost of installation and construction of any building, facility, structu or other improvement which
17
is publicly owned either within or without the boundaries of redevelopment project area if the
18
Council determines: (1) that such buildings, facilities, st tures or other improvements that are
19
publicly owned are of benefit to the redevelopment proj t area by helping to eliminate blight within
20
the redevelopment project area; (2) that no other re sonable means of financing the acquisition of
21
land or installation or construction of such bui ings, facilities, structures or other improvements
22
that are publicly owned are available to the c mmunity, and such determination by the Community
23
Development Commission of the City of S Bernardino (the "Commission") and the Council shall
24
be final and conclusive; and, (3) that th payment of funds for the acquisition of land or the cost of
25
the buildings, facilities, structures or other improvements that are publicly owned is consistent with
26
the Implementation Plan adopted pursuant to Health& Safety Code Section 33490; and
27
28
1
P:Wgendas\Resolutions\Resolutions\2011\04-04-11 University Park Promenade and Shops 33445 CDC Reso.docx
I WHEREAS, the Council and the Commission have previously approved and adopted the
2 Redevelopment Plan for the State College Redevelopment Project Area (hereinafter referred to as
3 the "Redevelopment Plan") wherein the boundaries of the redevelopment project area is set forth
4 (the "Project Area"); and
5 WHEREAS, on December 20, 2010, the Commission approved an Owner Participation
6 Agreement between the Agency and University Park Promenade and Shops, LLC, a California
7 limited liability company (the "Developer") to undertake certain public works improvements subject
8 to reimbursements by the Agency being remitted to the Developer, and the undertaking of additional
9 public works improvements to be undertaken by the Developer with Agency reimbursement; and
10 WHEREAS, approximately 912 jobs will be created with the completion of the
11 infrastructure and other public improvements; and
12 WHEREAS, the Plaza at University Park shall be publicly owned and is located immediately
13 adjacent to but outside the boundaries of the Project Area and are a continuation of the public
14 improvement plan of the Developer for the project indentified in the previously referenced Owner
15 Participation Agreement; and
16 WHEREAS, the infrastructure improvements when completed, will allow the University
17 Park Promenade and Shops, LLC to complete additional development which will have a positive
18 economic impact on various City, retail, business, and commercial functions, which service the
19 residents, workers, and business owners within the State College Redevelopment Project Area.
20 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE
21 CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS
22 FOLLOWS:
23 Section 1. The Recitals hereinabove are true and correct and are incorporated herein by
24 this reference.
25 Section 2. The Commission hereby consents to the payment by the Agency of those
26 costs required by the Owner Participation Agreement in order to ensure the economic enhancements
27 and stability of the Project Area within the City for the reasons set forth in the Recitals hereinabove.
28 The Commission also finds and determines that: (1) the buildings, facilities, structures, or other
2
P:\Agendas\Resolutions\Resolutions\2011\04-04-11 University Park Promenade and Shops 33445 CDC Reso.docx
I improvements that are publicly owned are of benefit to the Project Area by helping to eliminate
2 blight within the Project Area; (2) no other reasonable means of financing the acquisition of land or
3 installation or construction of such buildings, facilities, structures or other improvements, are
4 available to the community; and (3) the payment of funds for the acquisition of land or the cost of
5 the buildings, facilities, structures or other improvements is consistent with the Implementation Plan
6 adopted pursuant to Health& Safety Code Section 33490.
7 Section 3. The findings and determinations herein shall be final and conclusive. This
8 Resolution shall take effect from and after its date of adoption by this Commission.
9 //
10 //
11 //
12 //
13 //
14 //
15 //
16 //
17 //
18 //
19 //
20 //
21 //
22 //
23 //
24 //
25 //
26 //
27 //
28 //
3
P:Wgendas\Resolutions\Resolutions\2011\04-04-11 University Park Promenade and Shops 33445 CDC Reso.dom
1 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO MAKING CERTAIN FINDINGS AND
2 DETERMINATIONS PURSUANT TO HEALTH & SAFETY CODE SECTION
33445 AS TO THE BENEFIT TO THE STATE COLLEGE
3 REDEVELOPMENT PROJECT AREA FOR THE INSTALLATION OF
PUBLIC IMPROVEMENTS ADJACENT TO THE PUBLIC RIGHTS-OF-
4 WAY OF NORTHPARK BOULEVARD AND UNIVERSITY PARKWAY
5 (STATE COLLEGE REDEVELOPMENT PROJECT AREA)
6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community
7 Development Commission of the City of San Bernardino at a
8 meeting thereof, held on the 4th day of April, 2011, by the following vote to wit:
9
10 Commission Members: Ayes Nays Abstain Absent
11 MARQUEZ
12 VACANT
13 BRINKER
SHORETT
14
KELLEY
15
JOHNSON
16 MC CAMMACK
17
18 Secretary
19
20 The foregoing Resolution is hereby approved this day of , 2011.
21
22 Patrick J. Morris, Chairperson
23 Community Development Commission
of the City of San Bernardino
24 Approved as to Form:
25
By.
26
Agency Co se
27
28
4
P:\P.gendas\Resolutions\Resolutions\2011\04-04-11 University Park Promenade and Shops 33445 CDC Reso.docx