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HomeMy WebLinkAbout2007-185 " 1 2 3 4 5 6 7 RESOLUTION NO, 2007-185 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO MAKING CERTAIN FINDINGS AND DETERMINATIONS AND CONSENTING TO PAYMENTS FOR PUBLIC IMPROVEMENTS BY THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") RELATED TO THE PROPERTY AT 678 SOUTH TIPPECANOE AVENUE ("SITE") PURSUANT TO THE 2007 PROPERTY OWNER PARTICIPATION AGREEMENT BY AND BETWEEN THE AGENCY AND PERRIS CAMPUS PLAZA, LLC, PROJECT (IVDA REDEVELOPMENT PROJECT AREA) 8 WHEREAS, the City of San Bernardino (the "City"), is a municipal corporation and charte 9 city, duly organized and existing pursuant to the provisions of the Constitution of the State 0 10 California; and 11 WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency"), is 12 public body, corporate and politic, existing under the laws of the State of California, Health an 13 Safety Code 33000, et seq., and is charged with the mission of redeveloping blighted an 14 underutilized land; and 15 WHEREAS, a 2007 Property Owner Participation Agreement (the "OP A") between th 16 Agency and Perris Campus Plaza, LLC, Project, a California limited liability company (th 17 "Developer"), will use the Site in the development of 3 separate buildings for a total 0 18 approximately 108,000 square feet in size, respectively, to be leased to the Community Actio 19 Partnership of the County of San Bernardino as a food bank distribution center, the County of Sa 20 Bernardino Weatherization Department and the County of San Bernardino Preschool Service 21 Department; and 22 WHEREAS, the approved Project has been conditioned with unfunded, unanticipate 23 requirements by the City related to improvements to the public right-of-way on Tippecanoe Avenue 24 including the installation of a new sewer line occasioning substantial additional asphalt paving an 25 concrete work in the amount of$430,000; and 26 WHEREAS, pursuant to Health and Safety Code Section 33445, the Communit 27 Development Commission of the City of San Bernardino (the "Commission") must make certai 28 findings and the Agency must obtain the consent of the Mayor and Common Council of the City 0 1 P:\Agendll5\Resolutlons\ResolutioDs\2007\06-Q4.07 Perris Campus Plaza MCC Reso,doe 1 San Bernardino (the "Council") and the Council must make certain findings prior to the Agenc 2 paying for the costs of installation and construction of certain improvements which are publici 3 owned. 4 NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND ORDERED BY 5 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, AS 6 FOLLOWS: 7 Section 1. On June 4, 2007, the Council and the Commission, as the governing board of 8 the Agency, at their respective meetings, received testimony relating to the funding of public 9 improvements and the development thereof, pursuant to the OP A. The minutes of the City Clerk 10 for the June 4, 2007 meeting of the Council shall include a record of all communication and 11 testimony submitted to the Council. 12 Section 2. Pursuant to Health and Safety Code Section 33445, the Council hereby 13 makes the following findings and determinations concerning the installation and construction of 14 improvements which are publicly owned and determines: (I) that the improvements are of benefit 15 to the Project Area as adopted by the Inland Valley Development Agency (the "NDN') and for 16 which Project Area the Agency has been delegated the necessary powers to undertake the 17 redevelopment of certain areas thereof; (2) that no other reasonable means of financing the 18 improvements are available to the community pursuant to the Statement of Facts noted in the Staff 19 Report; (3) that the payment of the cost of the improvements will assist in the elimination of one or 20 more blighting conditions inside the Project Area; and (4) the payment of said improvements are 21 consistent with the Redevelopment/Implementation Plan and the Council hereby consents to the 22 payments to be made by the Agency pursuant to the OP A for the public improvements set forth in 23 the Recitals of this Resolution and in the OPA. 24 Section 3. This Resolution shall take effect upon its adoption and execution in the 25 manner as required by the City Charter. 26 / / / 27 / / / 28 2 P:\AgendI5\ResolutlODs\ResolutlOD5\1007\06-04-07 Perris Campus Plaza MCC Reso.doe 1 2 3 4 5 6 7 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO MAKING CERTAIN FINDINGS AND DETERMINATIONS AND CONSENTING TO PAYMENTS FOR PUBLIC IMPROVEMENTS BY THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") RELATED TO THE PROPERTY AT 678 SOUTH TIPPECANOE AVENUE ("SITE") PURSUANT TO THE 2007 PROPERTY OWNER PARTICIPATION AGREEMENT BY AND BETWEEN THE AGENCY AND PERRIS CAMPUS PLAZA, LLC, PROJECT (IVDA REDEVELOPMENT PROJECT AREA) I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and meeting 8 Common Council of the City of San Bernardino at a i oint regular 9 thereof, held on the 4th day of June 10 Council Members: Ayes Navs 11 ESTRADA ---.lL 12 BAXTER --1L BRINKER X 13 DERRY x 14 - KELLEY ---.lL 15 X JOHNSON 16 X MC CAMMACK 17 18 ,2007, by the following vote to wit: Abstain Absent (l~ !J.. ~ ~hel G. Clark, City Clerk 19 ~ 20 The foregoing Resolution is hereby approved this '1 day of June ,2007. 21 22 23 24 25 26 27 28 Approved as to Form: 3 P:\Agendlls\Rc50lutlons\ResoJutiOD8\2007\06-04-07 Perris Campul Plaza Mec Reso.doe