R-077-16 Approving that Certain Disposition and Development Agreement Between the City of Colton and Lumar Devco, LLC

Browse Search

2 0 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 plus estimated closing costs of $8,000 for associated expenses related to that certain Purchase and Sales Agreement for the Berki Parcel from the Colton Electric Utility Rate Stabilization Reserve Account Number 520-8000-8001-4960-0000-000; and WHEREAS, on July 5, 2016, the City Council adopted Resolution No. R-69-16 authorizing the adjustment to the Fiscal Year 2016-17 budget, for an appropriation of $1,134,000 plus estimated closing costs of $6,500 for associated expenses related to that certain Purchase and Sales Agreement for the County Parcel from the Colton Electric Utility Rate Stabilization Reserve Account Number 520-8000-8001-4960-0000-000; and WHEREAS, a budget revenue increase from the sale of the Berki and County Parcels to the Developer, not listed in the 2016-17 Fiscal Year budget, is required and must be approved by resolution of the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLTON: SECTION 1. RECITALS. The City Council does hereby find and affirm the above - noted recitals are true and correct and hereby incorporated in the body of this Resolution as if restated in full. SECTION 2. APPROVAL OF AGREEMENT. The City Council hereby approves the Agreement and the conveyance of the Properties from the City to Developer pursuant to the terms and conditions set forth in the Agreement. The City Council hereby authorizes and directs the City Manager (with the concurrence of the City Attorney) to execute and deliver on behalf of the City the Agreement and any documents and instruments as may be necessary or convenient in the furtherance of the actions authorized by this Resolution. SECTION 3. CEQA COMPLIANCE. The City's approval of the Agreement and adoption of this Resolution is exempt from the California Environmental Quality Act (Pub. Res. Code § 21000 et seq.: "CEQA") because the Agreement is a land acquisition agreement and the City has conditioned future use of the site on CEQA compliance. (14 C.C.R. § 15004(b)(2)(A).) The City's approval of this Agreement does not constitute approval of any site-specific development plan for the Property, or other activity on the Property, that would have a direct or reasonably foreseeable indirect environmental impact pursuant to CEQA. (14 C.C.R. § 15378(b).) The City's approval of the Agreement results in a mere transfer of the Property from the City to the Developer. As more fully explained in the Agreement, Developer's future use and/or development of the Property is expressly conditioned upon CEQA compliance. The City shall conduct environmental review pursuant to CEQA prior to taking any discretionary action with regard to any proposed development of the Property. Nothing in the Agreement or this Resolution shall be construed to limit the City's discretion to consider and adopt any mitigation measure or project alternative, including the alternative of rejecting any proposed development of the Property, as provided in section 21002 of the Public Resources Code. Following completion of the City's environmental review of any proposed development of the Property, the City shall file a notice of such approval as provided in section 21152 of the Public Resources Code. -2-