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HomeMy WebLinkAboutR12-Economic Development e e e EC.OMIC DEVELOPMENT AGE.Y OF THE CITY OF SAN BERNARDINO REOUEST FOR COMMISSION/COUNCIL ACTION FROM: TIMOTHY C. STEINHAUS Agency Administrator SUBJECT: W AL-MART SHOPPING COMPLEX UTILITY UNDERGROUNDING AT IDGHLAND & PIEDMONT DRIVE DATE: May 26, 1995 ------------------------------------------------------------------------------------.-------------------------------------------------- Smollsis of Previous Commission/Council/Committee Action(s): Development Agreement #91-02 provides that the City install required street improvements along HigWand Avenue. ------------------------------------------------------------------------------------------------------------------------------------------ Recommended Motion(s): (Mavor and Common Council) MOTION A: RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH SOUTHERN CALIFORNIA EDISON COMPANY FOR REPLACEMENT OF OVERHEAD WITH UNDERGROUND DISTRIBUTION FACILITIES RELATIVE TO CABLING INIDGHLANDAVENUEAND PIEDMONT DRIVE AT THE WAL- MART DEVELOPMENT. (Motions Continued to Next Pa2e...) TIMOTHY C. STEINHAUS Agency Administrator ------------------------------------------------------------------------------------------------~------------p------------------------ Contact Person(s): Timothv C. Steinhaus/Sue Morales Phone: 5081 Project Area(s): N/A Ward(s): Four (4) Supporting Data Attached: StaffRellort. Aweement: Resolutions(2) FUNDING REQUIREMENTS: Amount: $ 40.882.98 Source: Bond Proceeds Budget Authority: Reauested Acct #650-0 I 70 ------------------------~~~._-------------------------------------~--~---------------_._-----------_.-------------.-.------------- Commission/Council Notes: -------------------------------~--------------------------------------------------------------------------------- TCS:SMM:mym:lag:06-05-01 T\12A Ke5 q5-/g~ K )2- 13 he'S q5-/?5 r<. /2 C g~s q'j.- /~";(b COMMISSION MEETING AGENDA MEETING DATE: 06/05/1995 Agenda Item Number: J ;,;). . e e REQUEST FOR COMMISSIONamCIL ACTION WaI-Mart Shopping Complex May 26, 1995 Page Number -2- . Recommended Motion(s) Continued: MOTION B: RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH HIGHLAND & BOULDER PARTNERS RELATIVE TO UNDERGROUNDING UTILITIES ON HIGHLAND AVENUE AND PIEDMONT DRIVE AT WAL-MART DEVELOPMENT. MOTION C: RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, MAKING FINDINGS AND DETERMINATIONS AS TO THE BENEFIT TO VARIOUS REDEVELOPMENT PROJECT AREAS OF CERTAIN UNDERGROUNDING IMPROVEMENTS. (Community Development Commission) MOTION D: RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, CALIFORNIA, MAKING FINDINGS AND DETERMINATIONS AS TO THE BENEFIT TO VARIOUS REDEVELOPMENT PROJECT AREAS OF CERTAIN UNDERGROUNnING IMPROVEMENTS AND APPROVING A REIMBURSEMENT AGREEMENT. -------------------------------------------------------------------------------------------------------- TCS:SMM:mym:lag:06-05-01 COMMISSION MEETING AGENDA MEETING DATE: 06/05/1995 I /1 , .--/ Agenda Item Number: I.' ECON~IC DEVELOPMENT A&NCY STAFF REPORT ------------------------------------------------------------------------------------------------------------------ e Wal-Mart ShODDiDl! ComDlex Utility UDdergroundiDl! At Highland and Piedmont Drive Previously, the City approved Conditional Use Permit No. 91-26 for the Wal-Mart shopping center complex on Highland Avenue. One of the conditions of approval was that the overhead utilities along Highland Avenue and Piedmont Drive be undergrounded. In addition, Development Agreement No. 91-02 provided that the City install the required street improvements along Highland Avenue. The developer, Highland and Boulder Partners, has expressed the opinion that the provision in the Development Agreement for the City to install street improvements along Highland Avenue included the undergrounding the overhead utilities. Extensive meetings have been held with the developer and the City Engineer in an effort to resolve this issue and allow the development to be completed. Southern California Edison requires that the cost be paid, or that a commitment be made to pay, before they will schedule the undergrounding. It has been determined that the undergrounding will be done in two phases. The first will be the installation of conduit and appurtenant structures by the City, then pulling cables by Edison. Below is an estimate of the cost. Item of Work Highland Avenue Piedmont Drive Total e Cabling (SCE) $ 81,765.96 $ 50,044.94 $131,810.90 Conduit & $ 77.881.90 Unknown Structures (City) $159.647.86 The proposed agreements provide for the following to occur: Agreement A: The City agrees to pay $131,810.90 to Southern California Edison for the cabling, and concurrently with the execution of the agreement, the City installs the conduit and appurtenant structures. Also, Edison agrees to complete the undergrounding by installing the necessary cabling in the conduit and structures installed by the City. Agreement B: I Provided that the City enters into the proposed agreement with Edison for cabling on Highland Avenue and Piedmont Drive, and that the conduit and underground structures are installed on Highland Avenue at the sole cost of the City, the Wal-Mart developer, Highland and Boulder Partners, agrees to reimburse the City for Edison's cabling costs for Piedmont Drive, and one-half (112) of the costs incurred for the installation of the conduit and appurtenant structures, and cabling by Edison for Highland Avenue. e ------------------------------------------------------------------------------------------------------------------ TCS:SMM:mym:lag:06-05-01 COMMISSION MEETING AGENDA MEETING DATE: 06/05/1995 /0 Agenda Item Number: ,- e e e ECONOMIC DEVELOP~ AGENCY STAFF REPORT . Wal-Mart Shopping Complex May 26, 1995 Page Number -2- _______________________________-L____________________________________________________________________________----- Highland Avenue Piedmont Drive Totals Total Cabling Cost $ 81,765.96 $ 50.044.94 $131,810.90 Reimbursement to City $ 40,882.98 $ 50.044.94 $ 90,927.92 In addition, funds will need to be provided for the entire cabling costs, since the agreement with Highland and Boulder Partners provides that the reimbursement to the City will be made in two equal instaIlments, six months and twelve months after completion of the work. Agreement C: The Economic Development Agency agrees to reimburse the City for its costs for Highland Avenue less the amount of reimbursement provided by Highland and Boulder Partners ($40,882.98). In order to accomplish this, it is necessary for the City and Commission to approve the attached resolutions which make findings and determinations that the public improvements promote the development of the City's redevelopment project areas and encourage development on a major entrance to the City, which provides access to and from tht:' various redevelopment project areas. Based on the foregoing, staff recommends adoption of the form motions "A", "B", "c" and "D". 1)( TIMOTHY C. STEINHAUS, Agency Administrator Economic Development Agency ------------------------------------------------------------------------------------------------------------------ TCS:SMM:mym:lag:06-05-01 COMMISSION MEETING AGENDA MEETING DATE: 06/05/1995 . I; Agenda Item Number: . . e AGREEMENT REGARDING THE REIMBURSEMENT OF THE COSTS OF UNDERTAKING CERTAIN PUBLIC RIGHT-OF-WAY IMPROVEMENTS (GIFFORD STREET) THIS AGREEMENT REGARDING THE REIMBURSEMENT OF THE COSTS OF UNDERTAKING CERTAIN PUBLIC RIGHT-OF-WAY IMPROVEMENTS (the "Agreement") is made this day of , 1995, by and between the Inland Valley Development Agency, a joint powers authority duly organized and established under California law (the "IVDA") and the Redevelopment Agency of the City of San Bernardino, a redevelopment agency duly organized and operating pursuant to the provisions of the California Community Redevelopment Law (the" Agency"). RECITALS WHEREAS, the IVDA was established by the legislative bodies of the County of San Bernardino, the City of San Bernardino, a charter city, the City of Loma Linda, a charter city, and the City of Colton, a general law city ("Members"); and e WHEREAS, on January 24, 1990, a certain Joint Exercise of Powers Agreement became effective which set forth the purposes and powers of the IVDA in connection with the adoption of a redevelopment plan and the acquisition and operation of the Norton Air Force Base property; and WHEREAS, on February 12, 1990 and February 13, 1990, the Members approved and authorized the execution of a certain Amended Joint Exercise of Powers Agreement ("Amended Agreement") which amended and superseded the Joint Exercise of Powers Agreement; and WHEREAS, the IVDA has previously caused the adoption of a Redevelopment Plan which incorporates within its Project Area boundaries certain territory within the jurisdiction of the City of San Bernardino; and WHEREAS, the IVDA has deemed it desirable to cause the undertaking of certain right-of-way improvements (the "Right-of-Way Improvements") to a portion of Gifford Street which is located within the City of San Bernardino between Central Avenue and Mill Street and within the project area boundaries of the IVDA Redevelopment Project Area (the "Project Area"); and e -1- /z . e . . . WHEREAS, the IVDA has requested that the Agency assist in the development of the Right-of-Way Improvements and has deemed it desirable to fund the costs of the Right-of-Way Improvements by reimbursing the Agency for the cost thereof in an amount not to exceed $25,000; and WHEREAS, the IVDA deems it desirable to designate the Agency as its agent in connection with undertaking of the Right-of-Way Improvements; and WHEREAS, the IVDA and the Agency now desire to enter into this Agreement in order to accomplish the reimbursement by the IVDA to the Agency of the costs of undertaking the Right-of-Way Improvements which will be incurred by the Agency on behalf of the IVDA. NOW, THEREFORE, the IVDA and the Agency hereby agree as follows: AGREEMENT 1. The IVDA hereby designates the Agency to act as its agent in connection with the acquisition, construction, and installation of the Right-of-Way Improvements and to take all actions on its behalf to ensure the construction of the Right-of-Way Improvements in a manner consistent with all applicable laws, rules and regulations. 2. Upon completion of the Right-of-Way Improvements, the Agency shall submit written evidence to the IVDA regarding the Agency's expenditures in connection with undertaking the Right-of-Way Improvements. 3. Upon receipt of written evidence of the completion of the Right-of- Way Improvements and the incurrence of costs in connection therewith, the IVDA agrees to reimburse the Agency for the actual costs thereof in an amount not to exceed Twenty Five Thousand Dollars ($25,000). -2- 12 e e e . . IN WITNESS WHEREOF, the IVDA and the Agency have executed this Agreement on the date first above written. INLAND VALLEY DEVELOPMENT AGENCY By Secretary APPROVED AS TO FORM AND LEGAL CONTENT: By: Agency Counsel REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO By Director Secretary APPROVED AS TO FORM AND LEGAL CONTENT: By: Agency Counsel SBEO\OOOl\OOC\2057 4\13\95 10:33 if -3- /z . . e AGREEMENT REGARDING THE REIMBURSEMENT OF THE COSTS OF UNDERTAKING CERTAIN UNDERGROUNDING IMPROVEMENTS (HIGHLAND AVENUE) THIS AGREEMENT REGARDING THE REIMBURSEMENT OF THE COSTS OF UNDERTAKING CERTAIN UNDERGROUNDING IMPROVEMENTS (the. Agreement") is made this _ day of , 1995, by and between the City of San Bernardino. a municipal corporation, duly organized and established under California law (the "City") and the Redevelopment Agency of the City of San Bernardino, a redevelopment agency duly organized and operating pursuant to the provisions of the e California Community Redevelopment Law (the "Agency"). RECITALS WHEREAS, the City of San Bernardino, Califomia (the .City"), is a municipal corporation and a charter city duly created and existing pursuant to the Constitution and the laws of the State of California (the "City"); and WHEREAS, the Community Development Commission of the City of San Bernardino (the "Commission") on behalf of the Redevelopment Agency of the City of e San Bernardino (the" Agency"), is a redevelopment agency, a public body, corporate -1- Il . . e and politic of the State of California, organized and existing pursuant to the Community Redevelopment Law (Part 1 of Division 24 commencing with Section 33000) of the Health and Safety Code of the State of California (the "Act"); and WHEREAS, the Agency and City have previously caused the adoption of numerous Redevelopment Plans within the City; and WHEREAS, the Agency and City have deemed it desirable to cause the undergrounding of certain utilities (the "Undergrounding Improvements") to a portion of Highland Avenue and Piedmont Street which is located within the City of San e Bernardino; and WHEREAS, the Agency has requested that the City assist in the undertaking of the Undergrounding Improvements and has deemed it desirable to fund a portion of the costs of the Undergrounding Improvements by reimbursing the City an amount not to exceed Forty Thousand Dollars ($40,000); and WHEREAS, the City and the Agency now desire to enter into this Agreement in order to accomplish the construction of the Undergrounding Improvements by the City and reimbursement by the Agency to the City of the costs thereof which will be incurred by the City. e -2- 12 . . e NOW, THEREFORE, the City and the Agency hereby agree as follows: AGREEMENT 1 . The City agrees to cause the construction and installation of the Undergrounding Improvements. In connection with the completion of the Undergrounding Improvements, the City shall submit written evidence to the Agency regarding the City's expenditures in connection with the construction and installation of the Undergrounding Improvements. .2. Upon receipt of written evidence of the completion of the e Undergrounding Improvements and the incurrence of costs in connection therewith, the Agency agrees to reimburse the City for the actual costs thereof in an amount not to exceed Forty Thousand Dollars ($40,000). e -3- /2 It It e . . IN WITNESS WHEREOF, the City and the Agency have executed this Agreement on the date first above written. Secretary CITY OF SAN BERNARDINO By APPROVED AS TO FORM AND LEGAL CONTENT: By: City Attorney Secretary REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO By Acting Director APPROVED AS TO FORM AND LEGAL CONTENT: By: Agency Counsel SBEO\DOO1\DOC\2090 5\26\95 2:10 if -4- /2