HomeMy WebLinkAbout2002-268
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(See Companion Resolutions 2002-269, 2002-270, CDC/2002-28)
RESOLUTION NO.
2002-268
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE
FUNDING OF THE SEISMIC RETROFIT AND REPAIR OF THE
AGENCY'S FIVE-LEVEL PARKING STRUCTURE AND MAKING
FINDINGS AND DETERMINATIONS AS TO THE BENEFIT TO THE
VARIOUS REDEVELOPMENT PROJECT AREAS OF UNDERTAKING
PUBLIC IMPROVEMENTS IN CONNECTION WITH THE FIVE-LEVEL
PARKING STRUCTURE.
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 (Part I of Division 24 commencing with
Section 33000) 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
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2002-268
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE
FUNDING OF THE SEISMIC RETROFIT AND REPAIR OF THE
AGENCY'S FIVE-LEVEL PARKING STRUCTURE AND MAKING
FINDINGS AND DETERMINATIONS AS TO THE BENEFIT TO THE
VARIOUS REDEVELOPMENT PROJECT AREAS OF UNDERTAKING
PUBLIC IMPROVEMENTS IN CONNECTION WITH THE FIVE-LEVEL
PARKING STRUCURE.
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 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 improvements will assist in
the elimination of one of more blighted conditions inside the project; and
WHEREAS, the City and the 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 project areas include: Southeast Industrial Project Area, Northwest Project
Area, Tri City Project Area, Uptown Project Area and Central City North Project
Area; and
WHEREAS, it is in the interests of the present landowners within the
various project areas subject to the Redevelopment Plans ("the Project Areas") and
the residents, both within the Project Areas and within the City generally, that the
Agency cause the funding of certain public improvements consisting of seismic
retrofit and repairs of the Agency owned five-level parking structure; and
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2002-268
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE
FUNDING OF THE SEISMIC RETROFIT AND REPAIR OF THE
AGENCY'S FIVE-LEVEL PARKING STRUCTURE AND MAKING
FINDINGS AND DETERMINATIONS AS TO THE BENEFIT TO THE
VARIOUS REDEVELOPMENT PROJECT AREAS OF UNDERTAKING
PUBLIC IMPROVEMENTS IN CONNECTION WITH THE FIVE-LEVEL
PARKING STRUCTURE.
WHERAS, the five-level parking structure (the "parking structure")
is located within the Central City Projects Area in the downtown portion ofthe City
between "D" and "E" Streets, and Court and Second Streets, which are major
thoroughfares connecting various Project Areas, specifically the Uptown Project
Area, the Southeast Industrial Park Project Area, the Central City North Project
Area, the Tri City Project Area, the Northwest Project Area (collectively referred to
herein as the "Benefited Project Areas"); and
WHEREAS, each of the aforementioned Benefited Project Areas is
adjacent to the Central City Projects Area and are generally contiguous to the
Central City Projects Area and the Central City Projects Area serves the
commercial, retail and other community needs of each of the Benefited Project
Areas as to those functions that cannot be provided separately within each of the
Benefited Project Areas; and
WHEREAS, the parking structure is a centrally located facility servicing
parking requirements for City residents and other persons conducting business in
City Hall and the Agency's owned building at 201 North "E" Street, the State of
California (the "State") and County of San Bernardino (the County") office
buildings, the County courthouse, the downtown hotel, the Agency owned cinema,
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2002-268
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE
FUNDING OF THE SEISMIC REROFIT AND REPAIR OF THE
AGENCY'S FIVE-LEVEL PARKING STRUCTUER AND MAKING
FINDINGS AND DETERMINATIONS AS TO THE BENEFIT TO THE
VARIOUS REDEVELOPMENT PROJECT AREAS OF UNDERTAKING
PUBLIC IMPROVEMENTS IN CONNECTION WITH THE FIVE-LEVEL
PARKING STRUCTURE.
parking structure, or in the general area; and
WHEREAS, based upon a study of current seismic standards, the existing
parking structure adjacent to City Hall is not designed to withstand more than small
to moderate earthquakes, depending on the depth and distance of the earthquake
epicenter; and
WHEREAS, the Projects 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 seismic retrofit and
repairs in order to enhance economic conditions and ensure the safety of the public;
and
WHEREAS, in connection with the funding of the seismic retrofit and
repairs (the "improvements") of the parking structure it is proposed that the Agency
shall utilize revenues attributable to a certain prior bond issue undertaken by the
Agency designated as the Forward, Current, Advance Refunding and the San
Bernardino Joint Powers Financing Authority Tax Allocation Refunding Bonds
Series 2002 (collectively referred to herein as the "Bonds"); and
WHEREAS, proceeds from the Bonds in an amount not to exceed
$522, I 00 shall be used and applied for the benefit of the Benefited Project Areas to
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2002-268
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE
FUNDING OF THE SEISMIC RETROFIT AND REPAIR OF THE
AGENCY'S FIVE-LEVEL PARKING STRUCTURE AND MAKING
FINDINGS AND DETERMINATIONS AS TO THE BENEFIT TO THE
VARIOUS REDEVELOPMENT PROJECT AREAS OF UNDERTAKING
PUBLIC IMPROVEMENTS IN CONNECTION WITH THE FIVE-LEVEL
PARKING STRUCTURE.
accomplish the improvements to the parking structure in the dollar amounts
allocated to each of the Benefited Project Areas in the manner as provided in this
Resolution; 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 for the parking structure.
NOW, THEREFORE, BE IT RESOLVED 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 proceeds of the Bonds in connection with the funding of improvements of the
parking structure.
Section 3.
The Mayor and Common Council approve the payment by
the Agency of the costs of the parking structure improvements in order to ensure
the economic enhancements and stability of the Benefited Project Areas and other
neighborhoods within the City for the reasons set forth in the Recitals hereinabove.
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2002-268
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE
FUNDING OF THE SEISMIC RETROFIT AND REPAIR OF THE
AGENCY'S FIVE-LEVEL PARKING STRUCTURE AND MAKING
FINDINGS AND DETERMINATIONS AS TO THE BENEFIT TO THE
VARIOUS REDEVELOPMENT PROJECT AERAS OF UNDERTAKING
PUBLIC IMPROVEMENTS IN CONNECTION WITH THE FIVE-LEVEL
PARKING STRUCTURE.
The Mayor and Common Council also fmds and determines that no other
reasonable means of financing the parking structure improvements is presently
available to the City and that the City and the Agency require the use ofrevenues
generated from the various Project Areas in order to fund the parking structure
improvements. The Mayor and Common Council further fmd that the funding of
the parking structure improvements will enhance viability in the Benefited Project
Areas thereby eliminating existing blighted conditions in the Project Areas.
Funds from the Benefited Project Areas shall be used and applied from the
proceeds of the Bonds in the following manner:
Southeast Industrial Park
$150,000
$ 40,000
Central City North
Northwest Redevelopment Project
$100,000
Uptown Redevelopment Project
$ 45,000
Tri-City Redevelopment Project
$187,100
TOTAL
$522,100
The Mayor and Common Council further fmd and determine that because of
the proximity of the parking structure to the Benefited Project Areas and the
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2002-268
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE
FUNDING OF THE SEISMIC RETROFIT AND REPAIR OF THE
AGENCY'S FIVE-LEVEL PARKING STRUCTURE AND MAKING
FINDINGS AND DETERMINATIONS AS TO THE BENEFIT TO THE
VARIOUS REDEVELOPEMENT PROJECT AREAS OF UNDERTAKING
PUBLIC IMPROVEMENTS IN CONNECTION WITH THE FIVE-LEVEL
PARKING STRUCTURE.
character of the Central City Projects Area, the parking structure and the intended
seismic improvements thereto will enhance the commercial retail and other
community services that are provided from within the Central City Projects Area to
the Benefited Project Areas and the residents and businesses located therein.
Section 4.
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 S.
The findings and determinations herein shall be final and
conclusive. This Resolution shall take effect upon the date of its adoption.
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2002-268
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE
FUNDING OF THE SEISMIC RETROFIT AND REPAIR OF THE
AGENCY'S FIVE-LEVEL PARKING STRUCTURE AND MAKING
FINDINGS AND DETERMINATIONS AS TO THE BENEFIT TO THE
VARIOUS REDEVELOPMENT PROJECT AREAS OF UNDERTAKING
PUBLIC IMPROVEMENTS IN CONNECTION WITH THE FIVE-LEVEL
PARKING STRUCTURE.
I HEREBY CERTIFY that the forgoing Resolution was duly adopted by
the Mayor and Common Council of the City of San Bernardino at a j oint regular
meeting thereof, held on the ~day of August
,2002, by the following
vote, to wit:
Council Members Aves Nays Abstain Absent
ESTRADA ~
LIEN X
MCGINNIS X
DERRY X
SUAREZ X
ANDERSON X
MCCAMMACK X
~~~
The foregoing Resolution is hereby approved this~day;Sf, ,August ,2002.
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Approved as to form and legal content:
Be!" , -1 le~__,_
City Attorney
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