HomeMy WebLinkAboutCDC/2002-28
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
II (See Companion Resolutions 2002-268, 2002-269, 2002-270)
RESOLUTION NO. CDC/2002-28
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION
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 ofthe 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
I
I
2
3
4
5
6
7
8
9
10
II
12
131
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
I
CDC/2002-28
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION
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 [mal 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 ofthe Agency owned five-level parking structure; and
2
1
2!
3
4
5
6
7
8
9
10
11
12
13
14
151
!
,
16
17
18
19
20
21
22
23
24
25
26
27
28
CDC/2002-28
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION
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 of the 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, and the Northwest Project Area (collectively
referred to herein as the "Benefited Project Areas"); and
WHERAS, 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,
and various retail, business and commercial buildings located either adjacent to the
parking structure, or in the general area; and
3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
I
CDC/2002-28
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION
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.
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") ofthe 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
accomplish the improvements to the parking structure in the dollar amounts
4
6
7
8
9
10
11
12
13
14
15
CDC/2002-28
1
2
3
4
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION
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.
5,!
Resolutions; and
WHEREAS, it is appropriate at this time for the Commission to make
certain fmdings 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 COMMUNITY
DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO,
AS FOLLOWS:
Section 1.
The recitals hereinabove are true and correct and are
16 incorporated herein by this reference.
17
18
19
20
21
22
Section 2.
The Commission hereby authorizes the use of proceeds of
the Bonds in connection with the funding of improvements of the parking structure.
Section 3.
The Commission approves the payment by the Agency ofthe
costs of the parking structure improvements in order to ensure the economic
enhancements and stability of the Benefited Project Areas and other neighborhoods
23 within the City for the reasons set forth in the Recitals hereinabove. The
24
25
26
27
28
Commission also finds and determines that no other reasonable means of financing
the parking structure improvements is presently available to the Agency and that
the City and the Agency require the use of revenues generated from the various
5
I
41
5
6
7
8
9
10
II
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
CDC/2002-28
I
2
3
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION
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.
Commission further fmds 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
$100,000
Central City North
Northwest Redevelopment Project
Uptown Redevelopment Project
$ 45,000
Tri-City Redevelopment Project
$187.100
$522, I 00
TOTAL
The Commission further finds and determines that because of the proximity
of the parking structure to the Benefited Project Areas and the 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.
6
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
CDC/2002-28
1
2
3
4
5
6
7
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION
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.
Section 4.
The Agency Secretary is hereby authorized and directed to
8 cause this Resolution to be transmitted to the City for consideration in connection
9 with appropriate action by that body.
Section 5.
The fmdings and determinations herein shall be final and
conclusive. This Resolution shall take effect upon the date of its adoption.
II
II
II
II
II
II
II
II
II
II
II
II
II
7
I
2
3
4
5.
6
7
8
9
10
II
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
CDC/2002-28
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION
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 Community Development Commission of the City of San Bernardino at a
it. regularmeeting thereof, held on the 2.tLday of August
, 2002, by
the following vote, to wit:
Commission Members
Abstain
Absent
Nays
Ayes
ESTRADA
x
LIEN
x
MCGINNIS
x
DERRY
x
SUAREZ
x
ANDERSON
x
- //j-;/ :-
~ f:fk j~L,rZ
: Sec~ary /
The foregoing Resolution is hereby approved this ~f , August ,2002.
MCCAMMACK
-K-
erson, Community
lopment Commission of
h City of San Bernardino
8