File #: 20-598    Version: 1 Name:
Type: Public Hearing Item Status: Agenda Ready
File created: 10/5/2020 In control: City Council/Public Finance and Economic Development Authority/Parking Authority/Successor Agency to the Redevelopment Agency
On agenda: 10/19/2020 Final action:
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. Provide direction to staff regarding approval or denial of the proposed amendments to the Pre-Annexation Development Agreement; or, C. Continue the matter to a future City Council meeting.
Attachments: 1. Location Map, 2. Pre-Annexation Development Agreement, 3. Exhibit “D”, 4. TSM #1291 - Bright Development, 5. TSM #1312 - The Palisades, 6. Gap in Infrastructure, 7. Exhibit “G”, 8. Gov’t Code Section 65868, 9. Letter from John Dunn, 10. PC Minutes Excerpt 7/22/20, 11. Staff Report 20-16, 12. PC Minutes Excerpt 8/19/20, 13. Planning Commission Resolution #4044, 14. Staff Report 20-16-Addendum

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. Provide direction to staff regarding approval or denial of the proposed amendments to the Pre-Annexation Development Agreement; or,

C. Continue the matter to a future City Council meeting.

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 Absolu...

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