HomeMy WebLinkAbout2004-085(See Companion Resolution CDC/2004-7)
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RESOLUTION NO. 2004-85
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO, CALIFORNIA (1) CONSENTING TO THE
PAYMENT OF CERTAIN STREET IMPROVEMENTS
("IMPROVEMENTS") WITHIN THE NORTHWEST AND MT. VERNON
CORRIDOR REDEVELOPMENT PROJECT AREAS BY THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
("AGENCY"), (2) MAKING CERTAIN FINDINGS WITH RESPECT TO
SAID IMPROVEMENTS, AND (3) AUTHORIZING THE MAYOR TO
EXECUTE A STREET IMPROVEMENT AGREEMENT BY AND
BETWEEN THE CITY OF SAN BERNARDINO ("CITY") AND THE
AGENCY
WHEREAS, the City of San Bernardino, California (the "City"), is a municipal
corporation and a charter city duly created and existing pursuant to the Constitution and the
laws of the State of California; and
WHEREAS, the Community Development Commission of the City of San Bernardino
(the "Commission") on behalf of the Redevelopment Agency of the City of San Bernardino (the
"Agency"), is a redevelopment agency, a public body, corporate and politic of the State of
California, organized and existing pursuant to the Community Redevelopment Law (Section
33445) of the Health and Safety Code of the State of California (the "Act"); and
WHEREAS, pursuant to Section 33445 of the Act, the Agency may, with the consent of
the Mayor and Common Council of the City (the "Council'), pay all or a part of the cost of
installation and construction of any building, facility, structure or other improvement which is
publicly owned either within or without the boundaries of a redevelopment project area if the
Council determines: (1) that such buildings, facilities, structures or other improvements are of
benefit to the redevelopment project area or the immediate neighborhood in which the project is
located, regardless of whether such improvement is within another project area, or in the case of
the project area in which substantially all the land is publicly owned that the improvement is of
benefit to an adjacent project area of the Agency, (2) that no other reasonable means of
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2004-85
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financing such buildings, facilities, structures or other improvements is available to the
community, and such determination by the Agency and the Council shall be final and
conclusive, and (3) that the payment of funds for the cost of the facilities, structures or other
I improvements will assist in the elimination of one or more blighted conditions inside the
project; and
WHEREAS, the City and Commission have previously approved and adopted
Redevelopment Plans (collectively hereinafter referred to as the "Redevelopment Plans") for
various redevelopment project areas within the City which include the Northwest
Redevelopment Project Area and Mt. Vernon Corridor Redevelopment Project Area ("Project
Areas").
WHEREAS, it is in the interests of the present landowners and the residents within the
Project Areas, subject to the Redevelopment Plans, that the Agency pay for certain public
improvements consisting of public street improvements to the intersection of Baseline and
Mount Vernon Avenue.
WHEREAS, the southeasterly and southwesterly intersection of Baseline and Mount
Vernon Avenue is a major thoroughfare connecting the Project Areas, specifically the Mt.
Vernon Corridor Redevelopment Project Area (southeasterly intersection) and the Northwest
Redevelopment Project Area (southwesterly intersection) referred to herein as the "Benefited
Project Area"; and
WHEREAS, the aforementioned Benefited Project Area is adjacent and contiguous to
the Mt. Vernon Corridor Redevelopment Project Area and serves the commercial, retail, and
Iother community needs of the Benefited Project Area as to those functions that cannot be
provided separately within the Benefited Project Area; and
WHEREAS, the improvements to both intersections ("Improvements") will benefit City I
I residents and other persons conducting business on Baseline and Mount Vernon Avenue I
including various retail, business, commercial buildings and residences located either adjacent
I to the intersection or in the general area; and
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2004-85
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WHEREAS, the Project Areas are suffering from stagnant property values and impaired
investments, and in order to promote the City's health, safety and welfare, it is important that
the Agency fund the costs of the Improvements in order to enhance economic conditions and
ensure the safety of the public; and
WHEREAS, in connection with the funding of the Improvements, it is proposed that the
Agency shall utilize revenues attributable to a certain prior bond issue undertaken by the
Agency designated as the Mt. Vernon Corridor Redevelopment Project Area Bond (the "Bond")
proceeds; and
WHEREAS, proceeds from the Bond in an amount not to exceed $170,000 shall be used
and applied for the benefit of the Project Area and Benefited Project Area to accomplish said
Improvements; and
WHEREAS, it is appropriate at this time for the Mayor and Common Council to make
certain findings and determinations and take certain actions with respect to the Agency's
funding of the Improvements.
NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND ORDERED
BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, AS
FOLLOWS:
Section 1. The recitals hereinabove are true and correct and are incorporated herein
by this reference.
Section 2. The Mayor and Common Council hereby authorize the use of the
proceeds of the Bond in connection with the funding of the Improvements.
Section 3. The Mayor and Common Council approve the payment by the Agency in
the amount of $170,000 for the costs of the Improvements in order to ensure the economic
enhancements and stability of the Project Area and the Benefited Project Area and other
neighborhoods within the City for the reasons set forth in the Recitals hereinabove. The Mayor
and Common Council also find and determines that no other reasonable means of financing the
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2004-85
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Improvements are presently available to the Agency and that the City and the Agency require
the use of Bond revenues generated from the Project Area in order to fund the Improvements.
The Mayor and Common Council further find that the funding of the Improvements will
I enhance viability in the Benefited Project Area thereby eliminating existing blighted conditions.
Section 4. The Mayor and Common Council further find and determine that because
of the proximity of the Improvements to the Benefited Project Area and the character of the Mt.
Vernon Corridor Redevelopment Project Area, the Improvements thereto will enhance the
commercial retail and other community services that are provided from within the Mt. Vernon
Corridor Redevelopment Project Area to the Benefited Project Area and the residents and
businesses located therein.
Section 5. The Mayor and Common Council hereby approve, authorize and direct
the Mayor to execute the final form of A Street Improvement Agreement Mt. Vernon Corridor
Redevelopment and Northwest Redevelopment Project Areas ("Agreement') attached hereto
and incorporated herein by reference, on behalf of the City together with such technical and
conforming changes as may be approved by the City Attorney.
Section 6. The City Clerk is hereby authorized and directed to cause this Resolution
to be transmitted to the Agency for consideration in connection with appropriate action by that
body.
Section 7. The findings and determinations herein shall be final and conclusive.
The Resolution shall take effect upon the date of its adoption.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO, CALIFORNIA (1) CONSENTING TO THE
PAYMENT OF CERTAIN STREET IMPROVEMENTS
("IMPROVEMENTS") WITHIN THE NORTHWEST AND MT. VERNON
CORRIDOR REDEVELOPMENT PROJECT AREAS BY THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
("AGENCY"), (2) MAKING CERTAIN FINDINGS WITH RESPECT TO
SAID IMPROVEMENTS, AND (3) AUTHORIZING THE MAYOR TO
EXECUTE A STREET IMPROVEMENT AGREEMENT BY AND
BETWEEN THE CITY OF SAN BERNARDINO ("CITY") AND THE
AGENCY
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a i t . reg. meeting thereof, held on the
15 th day of March , 2004, by the following vote to wit:
Council Members:
Ayes Nays Abstain Absent
ESTRADA
x _
LONGVILLE
x
MCGINNIS
x _
DERRY
x
KELLEY
x
JOHNSON
x
MC CAMMACK
x
The foregoing resolution is hereby approved this
Approved as to form and Legal Content:
By:
Attorney
Rac e G. Clark, City Clerk
March 2004.
✓alles, Mayor
San Bernardino
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