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HomeMy WebLinkAbout447 RDA_CCv0001.pdf RESOLUTION NO. 447 A RESOLUTION OF THE BOARD OF THE REDEVELOPMENT AGENCY OF THE CITY OF REDLANDS APPROVING A CONDITIONAL PROPERTY DISPOSITION AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF REDLANDS, THE CITY OF REDLANDS, AND SHOWPROP REDLANDS LLC ESTABLISHING A FRAMEWORK FOR THE SUBMITTAL AND PROCESSING OF A DEVELOPMENT PROJECT FOR, AND THE POSSIBLE SUBSEQUENT SALE OF, FOUR PARCELS OF REAL PROPERTY LOCATED AT 330 NORTH THIRD STREET, REDLANDS, CALIFORNIA,AND MAKING CERTAIN DETERMINATIONS UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WITH RESPECT THERETO WHEREAS,the Redevelopment Agency of the City of Redlands ("Agency„) is a community redevelopment agency duly organized and existing under the Community Redevelopment Law(Health and Safety Code Sections 33000 et seq.) ("CRL") and has been authorized to transact business and exercise the powers of a redevelopment agency pursuant to action of the City Council of the City of Redlands (the"City Council"); and WHEREAS, on September 26, 1972, the City Council adopted Ordinance No. 1500 establishing a redevelopment project area(the "Project Area") and adopting and approving the Redevelopment Plan for the Redlands Redevelopment Project Area(hereafter the "Redevelopment Plan") in accordance with the provisions of the CRL; and WHEREAS, the Redevelopment Plan for the Project Area was subsequently amended in 1976, 1986, 1996, 2003 and 2007, pursuant to City Council Ordinance Nos. 1595, 1924, 2336, 2464, 2556, 2560, 2657 and 2666, respectively; and WHEREAS, Agency and City staff have negotiated the terms and conditions for a Conditional Property Disposition Agreement(the"Agreement")with ShowProp Redlands LLC ("ShowProp") pursuant to which the parties propose to establish a framework for ShowProp's processing of a development project for, and the possible subsequent purchase of, four parcels of real property owned by the Agency and located at 330 North Third Street in the City of Redlands (the"Property"); and WHEREAS, the CRL provides in section 33431 that any sale of Agency property may be made only after a public hearing held by the Board of Directors of the Agency (the "Agency Board"), and after publication of notice of such hearing as provided by law; and WHEREAS, the CRL provides in section 33433 that before any property acquired by the Agency, in whole or in part, with tax increment monies is sold for development purposes pursuant to a redevelopment plan, such sale shall first be approved by the legislative body [the City Council] after a public hearing, that notice of the time and place of the hearing shall be published in a newspaper of general circulation in the community for at least two successive weeks prior to the hearing, and that the Agency shall make available for public inspection a copy of the proposed sale agreement; and 1:1cclerk\Resolutions\REDEvEIAPMENT AGENCY1447 Showl`rop CAUDA doc 1 WHEREAS, notice of a joint public hearing by the City Council and the Agency Board was published in the Redlands Daily Facts on June 6, 2011, and June 14, 2011; and WHEREAS, the Agency has prepared a report pursuant to section 33433 containing a copy of the Agreement and a summary describing the cost of the Agreement,the value of the property interest to be conveyed, the purchase price, an explanation of why the proposed sale will assist in the elimination of blight, and other information required by section 33433 of the CRL, and said report has been made available to the public for inspection; and WHEREAS, on June 21, 2011,the Agency Board and the City Council held a duly noticed joint public hearing in the City Council Chambers with respect to the Agency Board's proposed Resolution Nos. 446 and 447, and proposed City Council Resolution No. 7048; and WHEREAS, the Agency Board and City Council received verbal and written testimony at the joint public hearing relating to proposed Agency Resolution Nos. 446 and 44, and proposed City Council Resolution No. 7048, subsequently continued said hearing to July 5, 2011, at 6:00 pm in the City Council Chambers; and WHEREAS, the City Council and the Agency Board have held a duly noticed,continued, joint public hearing on July 5, 2011, have received additional verbal and written testimony, and have subsequently approved the Summary Report, and have adopted findings required by Section 33433 of the CRL; NOW,THEREFORE, the Board of the Redevelopment Agency of the City of Redlands does hereby resolve as follows: Section 1. The Agency Board hereby finds, determines and declares that: A. The purpose for the proposed Agreement is to set forth a general framework relating to (i)the development review process for, and the future maintenance of, any development project that is proposed by ShowProp for the Property,in accordance with the limitations of the Agreement, and(ii)the possible subsequent disposition of the Property to ShowProp. B. The Agreement does not constitute the grant of, or a commitment by the City or the Agency to provide, any funding associated with the development of any project on the Property; or a commitment by the City or the Agency to issue any land use entitlements, permits or approvals to ShowProp. This Agreement does not create any binding contractual obligation on the City or the Agency with respect to approval or development of any project on the Property, or commit the City or the Agency to a particular course of action with respect to any development project on the Property. C_ The Agreement does not preclude the City or the Agency from considering development alternatives to any development project proposed by ShowProp for the Property, 1:lcclerklResolutions\REDEVELOP?u[ENT AGENCY1447 ShowProp CPDA doc 2 nor does the Agreement prevent the City or Agency, in their respective absolute discretion, to disapprove any development project proposed by ShowProp for the Property. D. Pursuant to the terms of the Agreement, the City and the Agency retain their absolute discretion to(i)disapprove or modify any development project proposed by ShowProp for the Property to comply with the provisions of the California Environmental Quality Act ("CEQA"); (ii) select other feasible alternatives to avoid any significant impacts associated with any proposed development of the Property; (iii)balance the benefits of any proposed development project for the Property against any significant impacts resulting from the proposed development; or(iv)determine not to proceed with any proposed development project. E. The proposed Agreement between the Agency and ShowProp also provides for the possible sale of four parcels of real property consisting of approximately twenty nine thousand one hundred fifty nine (29,159) square feet,presently owned by the Agency and located at 330 North Third Street, Redlands, California(APNs 0169-281-47, 48, 49, and 50) in the City of Redlands, if ShowProp satisfies the preconditions for the opening of an escrow for the Property and the conditions for the closing of such escrow. The sale price will be Two Hundred Sixty Thousand Dollars($260,000). Proceeds from the sale of the Property will be placed into the Agency's Tax Increment Fund for future redevelopment purposes. F. The proposed Agreement is intended to effectuate the City of Redlands' General Plan,the Redlands Municipal Code, and the Redevelopment Plan. The Agreement is consistent with the City's General Plan, and with the Redevelopment Plan and the Implementation Plan adopted by the Agency for the Project Area. G. Pursuant to the provisions of Section 33433 of the CRL, on June 21, and July 5, 2011,the Agency Board and the City Council held a duly noticed joint public hearing concerning the approval of the proposed Agreement at which time the City Council and the Agency Board considered the report prepared pursuant to Section 33433, and the written and verbal comments from the public. H. Pursuant to the provisions of the Section 33433(b)(2)of the CRL and based upon an analysis by the Agency's appraisal consultant, the purchase price received by the Agency for the sale of the Property to ShowProp is not less than the fair market value of the Property, or the fair reuse value of the Property at the use and with the covenants and conditions and development costs authorized by the Agreement. 1. The Agency Board has duly considered all terms and conditions of the proposed Agreement and has determined that the Agreement is in the best interests of the Agency and City and the health, safety and welfare of its residents, and in accord with the public purposes and provisions of applicable State and local law requirements. J. The Agreement pertains to and affects the ability of all parties to finance and carry out their statutory purposes and to accomplish the goals of the Redevelopment Plan and is intended to be a contract within the meaning of Government Code Section 53511. f:lcclerk\Resotutions\REDEVELOPMENT AGENCY1447 ShowProp CPDA.doc 3 Section 2. The Agency Board finds, determines and declares that no environmental review of the Agreement is required because the Agreement is not a"project" within the meaning of the CEQA, and specifically Section 15378 of the State CEQA Guidelines. The Agency Board further finds and determines: A. As of the date of this Resolution,the City,the Agency, and ShowProp have acknowledged that ShowProp is in an exploratory stage with respect to possible development alternatives for the Property and that no development plans, drawings or applications have been submitted to the City or Agency for any development project for the Property. B. The Agreement does not approve or commit the Agency to any specific project that will affect the environment. ShowProp would be allowed to develop any project, subject to specific use limitations in the Agreement,that would comply with the applicable land use requirements for the Property set forth in the City's General Plan, zoning ordinances and the Agency's Redevelopment Plan. C. Approval of the Agreement might result in funding for the Agency's Tax Increment Fund, but without any commitment to any particular project within the City. D. Even if one assumes the Agreement is a project, the Agreement would be exempt from CEQA under Section 15312 of the CEQA Guidelines because it is a proposed sale of surplus government land that is not located in an area of statewide, regional or area wide concern and does not commit the Property to any particular development. E. Any specific project proposed by ShowProp for the Property will require ShowProp to comply fully with the requirements of CEQA as part of the land use entitlement process for such project, and no sale of the Property to ShowProp will occur prior to such compliance with CEQA. Section 3. The Agency Board hereby approves that a certain agreement entitled "Conditional Property Disposition Agreement"by and between the Redlands Redevelopment Agency, the City of Redlands and ShowProp Redlands LLC with any minor non-substantive changes in such document as may be mutually agreed upon by ShowProp,the Agency's Executive Director, and the Redlands City Manager, to carry out the purposes of the Agreement and which are in substantial conformance with the form of the Agreement on file in the Redlands City Clerk's Office and Office of the Agency's Secretary. The Chairperson of the Agency is hereby authorized to execute the Agreement on behalf of the Agency in said form. A copy of the final Agreement, when executed by the Agency Chairperson, shall be placed on file in the Office of the Secretary of the Agency and the City Clerk's Office. Section 4. The Agency Board hereby declares that the Agency's performance of any actions proposed to be undertaken pursuant to Section 200 of the"Conditional Property Disposition Agreement,"entitled "Disposition of the Site to Developer," and relating to the disposition of the Property to ShowProp pursuant to the timelines specified in the Agreement, I:lccierlclliesolutions\REDEVELOPMENT AGENCY1447 ShowProp CPDA.doc 4 are expressly conditioned upon the Agency then being in compliance with the provisions of AB26 and AB27 (2011)as such legislation may be in effect at the time of the Agency's performance of such actions. The Agreement shall include provisions incorporating the declaration of the Agency Board made in this Section 4, and the pre-condition required hereby for the performance of any Agency action contemplated by Section 200 of the Agreement. The Agency's Executive Director,Agency Counsel and staff are hereby authorized to effectuate the intent of the Agency Board set forth in this Section 4 pursuant to the provisions of Section 620 of the Agreement. Section 5. The Agency's Executive Director, or his designee, is hereby authorized, on behalf of the Agency, to take all actions necessary and appropriate to carry out and implement the Agreement and to administer the Agency's obligations,responsibilities and duties to be performed under the Agreement and related documents, including, but not limited to,the approval and execution on behalf of the Agency of escrow instructions,title reports, certifications and such other implementing agreements and documents as contemplated or described in the Agreement necessary and convenient for the completion of the possible sale of the Property. Section 5. The Agency's Secretary shall certify to the passage and adoption of this Resolution. Section 6. This Resolution shall take effect upon the date of its adoption. ADOPTED AND APPROVED this 5th day of July, 2011. Pete Aguilar, Chairman ATTEST: Sam Irwin, Agency Secretary I Sam Irwin, Secretary of the Redevelopment Agency of the City of Redlands, hereby certify that the foregoing Resolution was duly adopted by the Agency Board at a regular meeting thereof held on the 5th day of July 2011, by the following vote: AYES: Members Foster, Gardner; Chairperson Aguilar NOES: Member Harrison ABSENT: ABSTAIN: Member Bean Secretary, Redevelopment Agency 1:lcclerk\Resolutions\REDEVELOPMENT AGENCY1447 ShowProp CPDA.doc 5