HomeMy WebLinkAbout1994-345
1
2
3
4
5
6
7
8
9
RESOLUTION NO. g4 14"
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
10
11 WHEREAS, the Community Development Commission of the
12 City of San Bernardino (the "Commission") on behalf of the
13
Redevelopment Agency of the City of San Bernardino
(the
14 "Agency"), is a redevelopment agency, a public body, corporate
15 and politic of the State of California, organized and existing
16 pursuant to the Community Redevelopment Law (Part 1 of
17 Division 24 commencing with Section 33000) of the Health and
18 Safety Code of the State of California (the "Act"); and
19
20
21
22
23
24
25
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
26 if the Council determines: (1) that such buildings, facilities,
27 structures or other improvements are of benefit to the
28 redevelopment project area or the immediate neighborhood in which
-1-
94-345
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
12
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
16
17 WHEREAS, on May 15, 1991, the Agency entered into an
18 agreement with Central City Company ("Company") relative to the
19 Carousel Mall, which is located in the Central City Project Area
20 ("Project Area"); and
21
22 WHEREAS, pursuant to said agreement, the Agency shall
23 correct identified deficiencies in public areas at the Agency's
24 sole cost; and
25
26 WHEREAS, the Company and Asphalt Maintenance Systems
27 ("AMS") recently entered into a construction agreement
28 ("Construction Agreement") in an amount not to exceed $215,000 to
-2-
94-345
1 provide a 1-1/2" petromat overlay treatment plus restriping and
2 curb markings to the southern half of the mall surface parking
3 areas; and
4
5 WHEREAS, it is in the interests of the present
6 landowners within the Project Area and the residents, both within
7 the Project Area and within the City generally, that the Agency
8 reimburse the Company for payments made to AMS via the use of
9 funds from the Southeast Industrial Park Redevelopment Project
10 Area in an amount not to exceed $215,000; and
11
12 WHEREAS, the Project Area presently suffers from a high
13 degree of impaired investments and depreciated values along with
14 high business vacancies which conditions are being exacerbated by
15 the lack of economic opportunities within the Project Area; and
16
17 WHEREAS, the City is continually attempting to create
18 economic activities and development within the Project Area and
19 the City generally and thereby eliminate blighting conditions
20 within the Project Area; and
21
22 WHEREAS, improvement of the Carousel Mall will help
23 create such economic activities and development and will help
24 eliminate the blighting conditions within the Project Area; and
25
26 WHEREAS, the Agency's reimbursement of the Company's
27 obligations under the Construction Agreement with AMS will
28 provide a benefit for the Project Area and the residents of the
-3-
94-345
1 adjacent neighborhoods who utilize the services provided by the
2 Carousel Mall; and
3
4 WHEREAS, in order to promote the City's health, safety
5 and welfare, it is important that the Agency reimburse the
6 Company in order to ensure the orderly development of the Project
7 Area and neighboring areas; and
8
9 WHEREAS, it is appropriate at this time for the Council
10 to make certain findings and determinations and take certain
11 action with respect to the Agency's reimbursement of the Company.
12
13 NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE
14 CITY OF SAN BERNARDINO, CALIFORNIA, DO HEREBY FIND, RESOLVE,
15 DETERMINE AND ORDER AS FOLLOWS:
16
17 Section 1. The Recitals hereinabove are true and
18 correct and are incorporated herein by this reference.
19
20 Section 2. The Council approves the Construction
21 Agreement between the Company and AMS in an amount not to exceed
22 $215,000 pursuant to which AMS will resurface the southern half
23 of the Carousel Mall surface parking areas with a 1-1/2" petromat
24 overlay treatment and perform related restriping and curb
25 markings.
26
27 Section 3. The Council approves the reimbursement
28 by the Agency of the costs of the Company's obligations which is
-4-
94-345
1 of benefit to the Project Area and other neighborhoods within the
2 City for the reasons set forth in the Recitals hereinabove. The
3 Agency also finds and determines that no other reasonable means
4 of financing said obligations is presently available to the City
5 and that the City and the Agency require the use of revenues
6 generated from the Southeast Industrial Park Redevelopment
7 Project Area in order to fund the obligations. The Agency
8 further finds that the payment of the obligations will enhance
9 the desirability of the City for economic investment which in
10 turn will enhance economic viability in the Project Area thereby
11 eliminating existing blighting conditions in the Project Area.
12
13 Section 4. The Agency's reimbursement of the
14 obligations under the Construction Agreement with AMS will make
15 the Project Area more economically viable through the elimination
16 of factors hindering the economic viability of the Carousel Mall
17 which will thereby make the entire City more desirable for
18 development which will in turn help eliminate blight within the
19 Project Area and other areas of the City.
20
21 Section 5. The City Clerk is hereby authorized and
22 directed to cause this Resolution to be transmitted to the Agency
23 for consideration in connection with appropriate action by that
24 body.
25 III
26 I I I
27 I I I
28 III
-5-
95-345
1
2
3
4
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
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.
7
8
I HEREBY CERTIFY that the foregoing Resolution was duly
9 adopted by the Mayor and Common Council of the City of
10 San Bernardino at a reqular meeting
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
thereof, held on the
day of
7th
1994, by the following vote, to wit:
AYES:
Council Members
NAYS:
ABSENT:
November
Negrete, Curlin, Hernandez,
Oberhelman, and Miller
Devlin and Pope-Ludlam
/'..)
( \ ') (' 'J J_
J (c<:Ac 1.__ /L .'"" ~K-
"'-City Clerk
The foregoing resolution is hereby approved this
, O+l1
day of
November
, 1994.
Approved as to form and legal content:
By:
-6-
//;~1 )4L{(~
Mayor of the City of
San Bernardino