HomeMy WebLinkAbout1995-340
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RESOLUTION NO.
95-340
RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA,
MAKING FINDINGS AND DETERMINATIONS AS TO THE
BENEFIT TO THE CENTRAL CITY REDEVELOPMENT
PROJECT AREA OF RESURFACING PORTIONS OF THE
CAROUSEL MALL
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 1 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 proj ect area or the immediate neighborhood in which
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1 the project is located, regardless of whether such improvement is
2 within another project area, or in the case of a project area in
3 which substantially all the land is publicly owned that the
4 improvement is of benefit to an adjacent project area of the
5 Agency, (2) that no other reasonable means of financing such
6 buildings, facilities, structures or other improvements is
7 available to the community, and such determination by the Agency
8 and the Council shall be final and conclusive, and (3) that the
9 payment of funds for the cost of the facilities, structures or
10 other improvements will assist in the elimination of one or more
11 blighting conditions inside the project; and
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13 WHEREAS, the City and the Commission have previously
14 approved and adopted Redevelopment Plans for various
15 redevelopment project areas within the City; and
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17 WHEREAS, on May 15, 1991, the Agency entered into an
18 agreement (the "Original Agreement) with Central City Company
19 ("Company") relative to the Carousel Mall, which is located in
20 the Central City Proj ect Area (" proj ect Area"); and
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22 WHEREAS, pursuant to the Original Agreement, the Agency
23 has the obligation to correct identified deficiencies in public
24 areas at the Agency's sole cost; and
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26 WHEREAS, as a result of the Agency's obligations under
27 the Original Agreement, the Company and Asphal t Maintenance
28 Systems ("AMS") have entered into a construction agreement
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1 (" construction Agreement") pertaining to the funding of an amount
2 not to exceed Two Hundred Eleven Thousand Dollars ($211,000) to
3 provide a 1-1/2" petromat overlay treatment plus restriping and
4 curb markings to the northern half of the mall surface parking
5 areas; and
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7 WHEREAS, it is in the interests of the present
8 landowners within the Project Area and the residents, both within
9 the Project Area and within the City generally, that the Agency
10 reimburse the Company for payments made to AMS via the use of
11 funds from the Southeast Industrial Park Redevelopment Project
12 Area in an amount not to exceed Two Hundred Eleven Thousand
13 Dollars ($211,000); and
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15 WHEREAS, the Project Area presently suffers from a high
16 degree of impaired investments and depreciated values along with
17 high business vacancies which conditions are being exacerbated by
18 the lack of economic opportunities within the Project Area; and
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20 WHEREAS, the City is continually attempting to create
21 economic activities and development within the Project Area and
22 the City generally and thereby eliminate blighting conditions
23 within the Project Area; and
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25 WHEREAS, improvement of the Carousel Mall will help
26 create such economic activities and development and will help
27 eliminate the blighting conditions within the Project Area; and
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1 WHEREAS, the Agency's reimbursement of the Company's
2 obligations under the Construction Agreement with AMS will
3 provide a benefit for the Project Area and the residents of the
4 adjacent neighborhoods who utilize the services provided by the
5 Carousel Mall; and
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7 WHEREAS, in order to promote the City's health, safety
8 and welfare, it is important that the Agency reimburse the
9 Company in order to ensure the orderly development of the Project
10 Area and neighboring areas; and
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12 WHEREAS, it is appropriate at this time for the Council
13 to make certain findings and determinations and take certain
14 action with respect to the Agency's reimbursement of the Company.
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16 NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE
17 CITY OF SAN BERNARDINO, CALIFORNIA, DO HEREBY FIND, RESOLVE,
18 DETERMINE AND ORDER AS FOLLOWS:
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20 Section 1. The Recitals hereinabove are true and
21 correct and are incorporated herein by this reference.
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23 Section 2. The Council approves the Construction
24 Agreement between the Company and AMS pertaining to the funding
25 of an amount not to exceed Two Hundred Eleven Thousand Dollars
26 ($211,000) pursuant to which AMS will resurface the northern half
27 of the Carousel Mall surface parking areas with a 1-1/2" petromat
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1 overlay treatment and perform related restriping and curb
2 markings.
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4 Section 3. The Council approves the reimbursement
5 by the Agency of the costs of the Company's obligations which is
6 of benefit to the Project Area and other neighborhoods within the
7 City for the reasons set forth in the Recitals hereinabove. The
8 Agency also finds and determines that no other reasonable means
9 of financing said obligations is presently available to the City
10 and that the City and the Agency require the use of revenues
11 generated from the Southeast Industrial Park Redevelopment
12 proj ect Area in order to fund the obligations. The Agency
13 further finds that the payment of the obligations will enhance
14 the desirability of the City for economic investment which in
15 turn will enhance economic viability in the Project Area thereby
16 eliminating existing blighting conditions in the Project Area.
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18 Section 4. The Agency's reimbursement of the
19 obligations under the Construction Agreement with AMS will make
20 the proj ect Area more economically viable through the elimination
21 of factors hindering the economic viability of the Carousel Mall
22 which will thereby make the entire City more desirable for
23 development which will in turn help eliminate blight within the
24 Project Area and other areas of the City.
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26 Section 5. The City Clerk is hereby authorized and
27 directed to cause this Resolution to be transmitted to the Agency
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1 for consideration in
2 body.
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connection with appropriate action by that
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, MAKING FINDINGS AND DETERHINATIONS AS TO
THE BENEFIT TO THE CENTRAL CITY REDEVELOPMENT PROJECT AREA OF
RESURFACING PORTIONS OF THE CAROUSEL MALL
Section 6.
The findings and determinations herein
5 shall be final and conclusive. This Resolution shall take effect
6 upon the date of its adoption.
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8 I HEREBY CERTIFY that the foregoing Resolution was duly
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adopted by the Mayor and Common Council of
the
City of
regular
meeting
San Bernardino at a
day of
thereof, held on the
September
18th
1995, by the following vote, to wit:
ABSENT
NAYS
ABSTAIN
Commission Members:
AYES
x
NEGRETE
CURLIN
HERNANDEZ
OBERHELMAN
DEVLIN
POPE-LUDLAM
MILLER
x
x
x
x
x
x
The foregoing
September
~
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~~.f,
C~tyClerk
resolution is hereby approved this .:J-/ ,j.
1995.
/,! I' . I.
( -Z4l~,'~C-
day of
-I;;:;IIi/i~
Mayor of the City of
San Bernardino
Commission of the
City of San Bernardino
Approved as to
form and leg~f'
By: a~ ~a.. J
/Ci y At ney -
SBEO\OOOl\DOC\3030
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