2016-07-19 Jt. Reg Mtg Minutes - Laserfiche WebLink

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2016 JULY 19 REG CC/SARDA/CUA/CPFA/CHA MEETING 3 - (8) Approve ISDA Master Agreement – Approve the International Swap and Derivative Agreement (ISDA) between the City of Colton and Shell Energy Trading and Risk Management, and authorize the City Manager to execute the agreement, RESOLUTION NO. R-78-16. (9) Set Public Hearing for Basic Fee for Storm Water Services & Storm Water Management User Fee – Set a public hearing for August 2, 2016, to adopt a Resolution approving the Basic Fee for Storm Water Services and the Storm Water Management User Fee as provided for in Chapter 14.01 of the Colton Municipal Code. Mayor DeLaRosa with no objection from Councilmembers present pulled Business Item/Item 14 forward for discussion and action by Council. BUSINESS ITEMS (14) Disposition and Development Agreement with Lumar Devco, LLC – Approve and adopt a resolution approving a Disposition and Development Agreement (“DDA”) with Lumar Devco, LLC for the acquisition and development of two parcels of land at the southeast corner of Valley Boulevard and Pepper Avenue, Assessor Parcel Numbers 0254-191-09 and 11; and, approving an amendment to Fiscal Year 2016-17 Budget to increase revenues associated with this transaction, RESOLUTION NO. R-77- 16. 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. Staff Presentation Art Morgan, Economic Development Manager, presented for Council consideration an overview of the agenda report; with the conclusion of staff’s recommendation; and to approve and adopt Resolution No. R-77-16. Public Comment None Council Discussion Discussion by Councilmembers presented with clarification provided by staff: City Manager Smith and Manager Morgan.