Loading...
HomeMy WebLinkAboutR24-Economic Development Agency . . . ECONOMIC DEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO FROM: Gary Van Osdel Executive Director SUBJECT: TIPPECANOE RETAIL PROJECT- INLAND V ALLEY DEVELOPMENT AGENCY DATE: December 26, 2001 OR: ~;;w'AL .-.---------.-----------------.--------------------------------------------------------------------------------------- SvnoDsis of Previous CommissionlConnciVCommittee Action(s): On July 12, 1999, the Community Development Commission approved a Cooperation Agreement with the Inland Valley Development Agency. On May 21, 2001, the Community Development Commission and/or Common Council approved a Disposition and Development Agreement with SBT Partners and certified an Environment Impact Report for the HUB Project. On June 18,2001, the Community Development Commission adopted a Relocation Plan for Phase I of the HUB Project. On September 4, 200 I the Community Development Commission made a decision to appraise real property for Phase I of the HUB project. On November 5, 200 I, the Community Development Commission authorized execution of a Redevelopment Condenmation Memorandum with Inland Valley Development Agency. On December 17,2001, the Community Development Commission referred II property owners to the Inland Valley Development Agency for acquisiton. ._------------------------------------------------------------------------------------------------------------------------ Recommended Motion(s): (Communitv DeveloDment Commission) MOTION: RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO REFERRING CERTAIN PROPERTIES TO THE INLAND V ALLEY DEVELOPMENT AGENCY FOR ACQUISITION PURSUANT TO THAT CERTAIN 1999 REDEVELOPMENT COOPERATION AGREEMENT, DATED JULY 12, 1999, REGARDING THE HUB PROJECT AND APPROVING OTHER ACTIONS IN CONNECTION THEREWITH _______________________________________________________________________________n.____.____________________________________________,...___ Contact Person(s): Gary Van OsdeVJohn Hoeger Project Area(s) IVDA Phone: 663-1044 Ward(s): Three (3) Supporting Data Attached: 0 Staff Report 0 Resolution(s) DAgreement(s)/Contract(s) 0 Map(s) 0 LetterIMemo 634,550 gross FUNDING REQUIREMENTS Amount: $ 306,685 net Source: Tax Increment (see Staff Report) SIGNATURE: Budget Authority: Requested -------------.------------------------------------------------------------------------.---------------------. Commission/Council Notes: ~ '" CO<:!7.ffiZ-\ ~------------------------------------------------------------------------------------------------------------------------------------------- GVO:JBH:sj:TIPP 12-26-01 Tippecanoe IVDA N02.doc COMMISSION MEETING AGENDA Meeting Date: 1107/2002 Agenda Item Number: ~ . ." Economic Development Agency Staff Report Tippecanoe Retail Project December 26,2001 Page Number -2- ECONOMIC DEVELOPMENT AGENCY STAFF REPORT --------------------------------------------------------------------------------------------------------------------- Tippecanoe Retail Project - IVDA BACKGROUND On December 17, 2001, the Community Development Commission, pursuant to a Redevelopment Cooperation Agreement with the Inland Valley Development Agency (the IVDA), referred eleven property owners for acquisition of their properties through eminent domain, if necessary. Staff believes it has essentially reached agreement with nineteen owners, leaving six owners who mayor may be willing to settle in the next two weeks. Adopting the attached resolution starts the referral process for these owners, which will be halted for any owner who agrees on terms of sale with the Agency. CURRENT ISSUE The attached resolution sets forth the Agency's request that the IVDA commence acquisition of parcels from six additional property owners in the HUB project. Those owners are: Ramirez, Politano, Gurrola, Trujillo, Tongpo,and Simental. The IVDA will send statutory offers to these owners and schedule a hearing to consider a resolution of necessity for any owner who is not otherwise willing to settle. ENVIRONMENTAL IMPACT The City certified a Final Environmental Impact Report (FEIR) as of May 21, 2001 in accordance with the California Environmental Quality Act of 1970 as amended (CEQA). Based upon this CEQA documentation, the federal Department of Housing and Urban Development has issued its acceptance of the Agency's Finding of No Significant Impact beyond those in the FEIR. ----------------------------------.-.--------------------------------.-.-----------------------.------------------------._------------------ GVO:JBH:sj:TIPP 12-26-01 Tippecanoe IVDA No2.doc COMMISSION MEETING AGENDA Meeting Date: 1107/2002 Agenda Item Number: AA'I Economic Development Agency Staff Report Tippecanoe Retail Project December 26, 2001 Page Number -2- FISCAL IMPACT The amount of the statutory offer for the ten owners combined is $446,000. Relocation, demolition and miscellaneous expenses are estimated to cost $188,550 for a total of $634,550. Under the terms of the Disposition and Development Agreement with the HUB developer, the Agency will receive $328,550 leaving the Agency with a net cost of $306,000 at the close of escrow on the shopping center. Other costs include any administrative expenses of the IVDA, RECOMMENDATION Based upon the foregoing, staff recommends that the Community Development Commission adopt the a hed resolution. ...------------------------------------------------------------------------------------------------------------------------------------.---- GVO:JBH:sj:TIPP 12-26-01 Tippecanoe IVDA No2.doc COMMISSION MEETING AGENDA Meeting Date: 1/07/2002 Agenda Item Number: R:J..'1 e _13 _14 e .' 0'r' \':::.~ '/ RESOLUTION NO. 2 3 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO REFERRING CERTAIN ADDITIONAL PROPERTIES TO THE INLAND VALLEY DEVELOPMENT AGENCY FOR ACQUISITION PURSUANT TO THAT CERTAIN 1999 REDEVELOPMENT COOPERATION AGREEMENT, DATED JULY 12,1999, REGARDING THE HUB PROJECT AND APPROVING OTHER ACTIONS IN CONNECTION THEREWITH 4 5 6 7 8 WHEREAS, the Inland Valley Development Agency (the "IVDA") was established pursuant to a joint exercise of powers agreement in January I 990, for the purpose of assisting in the conversion, redevelopment and civilian reuse of the former Norton Air Force Base located within the City of San Bernardino; and 9 10 11 12 WHEREAS, the member governmental entities of the IVDA include the County of San Bernardino, a political subdivision of the State of California, the City of Colton, a municipal corporation, the City of Lorna Linda, a municipal corporation, and the City of San Bernardino, a California charter city (the "City"); and 15 16 17 WHEREAS, the 1VDA was granted specific powers by the State Legislature in 1989 (Statutes 1989, Chapter 545: See now Statutes 1997, Chapter 580 and Health and Safety Code Section 33492.40, et seq.) to assist in the redevelopment of the former Norton Air Force Base and the lands in proximity thereto pursuant to the Community Redevelopment Law (Health and Safety Code Section 33000, et seq., is hereinafter referred to as the "CRL"); and 18 19 20 21 22 WHEREAS, the IVDA adopted the Redevelopment Plan for the Inland Valley Redevelopment Project Area (the "Redevelopment Plan") in accordance with the provisions of the CRL, and the R~development Plan provides for certain redevelopment activities to be undertaken within the redevelopment project area, as more fully described in the Redevelopment Plan (the "Project Area"); and 23 24 25 S82001:35562.1 -1- e 12 e 13 14 15 16 17 18 19 20 21 22 23 24 25 e WHEREAS, approximately eighty percent (80%) of the Project Area is situated within 2 the territorial jurisdiction of the City; and 3 4 5 6 7 8 9 10 11 WHEREAS, the IVDA, the City and the Redevelopment Agency of the City of San Bernardino (the "Agency") previously entered into an agreement entitled "1999 Redevelopment Cooperation Agreement", dated as of July 12, 1999, pursuant to which the IVDA, the City and the Agency initiated the redevelopment of a potion of the Project Area referred to in the 1999 Redevelopment Cooperation Agreement as the "Agency Implementation Area" and which area has since been referred to by the Agency as the "HUB Project"; and WHEREAS, the IVDA previously designated the City to serve as the "lead agency" as this term is defined in the California Environmental Quality Act of 1970, as amended, ("CEQA") for the purpose of conducting an environmental review of the HUB Project; and WHEREAS, the City certified a Final Environmental Impact Report as of May 21,2001 (the "FEIR") for the HUB Project, in accordance with CEQA; and WHEREAS, the HUB Project, as analyzed in the FEIR includes the following key elements: (i) the realignment and construction of a new public street improvement project referred to in the FEIR as the Harriman Place Improvement Project; (ii) the assembly and acquisition of public street right-of-way for the Harriman Place Improvement Project; (iii) the assembly of land for the redevelopment of a new commercial retail shopping center to be undertaken by the Developer and In-N-Out; S8200 1:35562.1 -2- ,- e 2 3 4 5 6 7 8 9 10 11 12 e 13 14 15 (iv) the assembly and exchange of lands for the redevelopment of a restaurant by In- N-Out as an owner participant in the HUB Project; and WHEREAS, the Agency has approved a Disposition and Development Agreement, dated as of May 21, 200 I, with SBT Partners, LLC, a California limited liability company (the "Developer") and the Agency also approved an Owner Participation Agreement, dated as of September 17, 2001, with In-N-Out Burgers, Inc" a California corporation ("In-N-Out") for the implementation of the commercial shopping center portion of the HUB Project; and WHEREAS, the Agency transmitted offers to purchase parcels of land situated within the site of the HUB Project, to the owners of such land; and 16 17 18 19 20 21 22 WHEREAS, the Agency has previously transmitted to the IVDA for its consideration and approval the form of an implementation agreement entitled "Redevelopment Condemnation Memorandum", dated as of November 5, 2001, that sets forth the procedures for the Agency to refer properties to the IVDA for acquisition by the IVDA through eminent domain, if necessary, in furtherance of the 1999 Redevelopment Cooperation Agreement and redevelopment of the HUB Project; and WHEREAS, on December 17, 200 I, the Agency previously referred certain properties to the IVDA for acquisition by the IVDA; WHEREAS, at this time, the Agency deems it appropriate to refer certain additional properties to the IVDA for acquisition by the IVDA through eminent domain, if necessary, in furtherance of the 1999 Redevelopment Cooperation Agreement and redevelopment of the HUB 23 Project. 24 25 e S82OO1 :35562.1 -3- .' e 5 6 7 8 9 10 II 12 e 13 14 15 16 17 18 19 20 21 22 23 24 e 25 2 3 4 NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AS FOLLOWS: Section 1. The recitals of this Resolution are true and correct. On January 7, 2002, the Community Development Commission of the City of San Bernardino (the "Commission"), as the governing board of the Agency, conducted a public meeting with the Mayor and Common Council of the City of San Bernardino relating to the matters set forth in this Resolution. This Resolution evidences the referral by the Agency to the IVDA of a "Condemnation Parcel" under Section 5(a) of the Redevelopment Condemnation Memorandum. Section 2. The Commission hereby refers the properties described below by the name of the property owner listed on the most current property tax assessment roll of the Assessor of the County of San Bernardino and the property address, to the IVDA for acquisition by the IVDA through eminent domain, if necessary, in furtherance of the 1999 Redevelopment Cooperation Agreement and redevelopment of the HUB Project: Prooerty Owner: Ramirez Politano Gurrola Trujillo Tongpo Simental HUB Site Prooerty Address: 1082 East Laurelwood 953 and 957 East Laurelwood vacant land East Laurelwood 1073 East Laurelwood 956 and 968 East Rosewood 24707 East Rosewood Section 3. The Commission hereby authorizes and directs Agency staff to provide to the IVDA a suitably detailed description of each of the properties being referred to the IVDA by this Resolution and the ownership thereof, pertinent appraisal information, relocation assistance S8200 1:35562.\ -4- e 7 8 9 10 11 12 e 13 14 15 16 17 .. information, if applicable, and a copy of the Agency's offer to purchase each such property, 2 along with other information requested by IVDA staff. 3 4 5 6 Section 4. This consideration by the IVDA of the acquisition of each of the properties described in Section 2 shall be subject to the provisions of the Redevelopment Condemnation Memorandum. Section 5. The Executive Director of the Agency is hereby authorized and directed in consultation with the Executive Director of the IVDA to make recommendations regarding the acceptance by the Agency of counteroffers or other responses of property owners identified in Section 2 of this Resolution for the acquisition by the Agency of their property for the HUB Project. If at any time prior to the date when the governing board of the IVDA may take final action to initiate condemnation proceedings to acquire any of the properties described in Section 2 of this Resolution, such property owner may confirm in writing addressed to the Executive Director of the Agency its acceptance of the offer of the Agency and/or the IVDA to acquire such property from the property owner, the Executive Director of the Agency is authorized and directed, in consultation with the Executive Director of the IVDA, to prepare and deliver to such property owner a "Site Parcel Agreement," as this term is defined in the Redevelopment Condemnation Memorandum, which incorporates the terms of the Agency's prior written offer 18 for final approval by the Commission. 19 1111 20 1111 21 1111 22 1111 23 / II / 24 25 e S8200 I :35562.1 -5- _2 _14 . .. 3 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO REFERRING CERTAIN ADDITIONAL PROPERTIES TO THE INLAND VALLEY DEVELOPMENT AGENCY FOR ACQUISITION PURSUANT THAT CERTAIN 1999 REDEVELOPMENT COOPERATION AGREEMENT, DATED JULY 12, 1999, REGARDING THE HUB PROJECT AND APPROVING OTHER ACTIONS IN CONNECTION THEREWITH 4 Section 6. This Resolution shall take effect upon adoption. 5 6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the 7 Community Development meeting thereof, held on the Commission of the City of San Bernardino at a 8 day of , 2002, by the following 9 vote, to wit: 10 11 Commission ESTRADA LIEN McGINNIS SCHNETZ SUAREZ ANDERSON McCAMMACK ABSENT AYES NAYS ABSTAIN 12 13 15 16 Secretary The foregoing Resolution is hereby approved this _ day of ,2002. 17 18 19 JudIth Valles, ChaIrperson Community Development Commission of the City of San Bernardino 20 21 By: 22 23 24 25 _ SB2001:3SS62.1 -6- ..".r ** FOR OFFICE USE ONL Y - NOT A PUBLIC DOCUi\lE~T x" RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Dale Adopted): 1-'1-02- Item # ~ 24 Vote: Ayes l-<C Nays ..G- Abstain Change to motion to amend original documents: - Reso. # On Attachments: ~ Contract tenn: - Note on Resolution of Anachment stored separately: ="_ Direct City Clerk to (circle I); PUBLISH. POST. RECORD WCOlJNTY Date Sent to Mayor: 1-'1-0;2. Date of Mayor's Signature: 1- \ b ~ Date ofClerk/CDC Signature: I -IO-od e; See Attached: See Attached: See Attached; 60 Day Reminder Letter Sent on 30th day: 90 Day Reminder Letter Sent on 45th day: Request for Council Action & Staff Report Attached: Updated Prior Resolutions (Other Than Below); Updated CITY Personnel Folders (6413, 6429, 6433,10584,10585,12634); Updated CDC Personnel Folders (5557); Updated Traffic Folders (3985. 8234, 655, 92-389): Copies Distributed to: City Attorney Parks & Rec. Code Compliance Dev. Services Police Public Services Water Notes: Resolution 0 .J;.Q;jZtS2z-1_____ II Absent ::G.___~ NulVVoid After'- By: .=.___m... . Reso Log. U pdar,-,d ,/ Seal Impressed: .... Date Retumed: - Yes / No By Yes No~ By Yes No ..L-. By Yes NO~ By Yes No By EDA r'" MIS Finance Others: BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Conlract Term. etc.) Ready to File: 111{ Date: .J-1.r-<:v- Revised 0 1/12/0 I