Report Prepared by: Julie Nelson, Associate Planner, Development Services Department
Title
SUBJECT: Continued Public Hearing to Consider Amendments Requested by Rick Telegan on Behalf of Exposition Properties, LLC to the Pre-Annexation Development Agreement for the Absolute-Bright Annexation Which Includes Approximately 100 Acres Located on the East Side of G Street, North of Cardella Road
REPORT IN BRIEF
Considers modifications to the Pre-Annexation Development Agreement for the Absolute-Bright Annexation.
RECOMMENDATION
City Council - Adopt a motion:
A. Open the Public Hearing and hear all testimony regarding the proposed amendments to the Pre-Annexation Development Agreement for the Absolute-Bright Annexation; and,
B. Close the Public Hearing; and,
C. Provide direction to staff regarding findings to deny the proposed amendments to the Pre-Annexation Development Agreement.
Body
ALTERNATIVES
1. Continue the public hearing to a future meeting (date to be specified in the motion).
AUTHORITY
Government Code Section 65868 and Merced Municipal Code Section 20.86 spell out procedures for adopting and amending Development Agreements.
DISCUSSION
The Absolute-Bright Annexation was approved by City Council on April 17, 2006, and became effective December 12, 2006. This annexation included approximately 100 acres located on the east side of G Street, north of Cardella Road (Attachment 1). When the annexation was approved by City Council, the Pre-Annexation Development Agreement (Attachment 2) was also approved and signed by all parties involved at the time. These parties included the City of Merced as well as Absolute, LLC; Leeco, LLC; BP Investors, LLC; and Bright Development, A California Corporation. The Agreement has a term of 20 years and would expire on April 17, 2026. In 2008, in compliance with the terms of the agreement when there is an ownership change, interest in the agreement was transferred from Absolute, LLC to Exposition Properties...
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