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Home My WebLink About1986-197 SBE074-18/1736S/ak OS/27/86 RESOLUTION NO. 86-197 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, CONSENTING TO PAYMENT BY THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO FOR CERTAIN PUBLIC IMPROVEMENTS PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445 AND MAKING CERTAIN DETERMINATIONS CONCERNING SUCH IMPROVEMENTS INCLUDING MAKING FINDINGS WITH RESPECT TO LOW- AND MODERATE-INCOME HOUSING (UPTOWN REDEVELOPMENT PROJECT) WHEREAS, the Community Development Commission of the City of San Bernardino (the "Commission") as the governing body of the Redevelopment Agency of the City of San Bernardino (the "Agency") has caused the Redevelopment Plan for the Uptown Redevelopment Project (the "Redevelopment Plan") to be prepared for consideration and approval by appropriate Ordinance of the Mayor and Common Council of the City of San Bernardino, California (the .Council"); and WHEREAS, the Council and the Commission have held a full and fair joint public hearing on the adoption of the Redevelopment Plan on June 2, 1986, pursuant to proper notice having duly been given; and WHEREAS, the Council and the Commission have given due consideration to all written and oral statements introduced into evidence at such public hearing; and - 1 - WHEREAS, the Redevelopment Plan contemplates the installation or construction of certain public improvements, structures, facilities and buildings either inside or outside and of benefit to the redevelopment project area of the Uptown Redevelopment Project (the "Project Area"). The public improvements to be constructed pursuant to the Redevelopment Plan include the acquisition, construction, improvement and all appurtenances and appurtenant work pertaining or related thereto, and all necessary or required work and attendant facilities and structures to be installed and constructed as public improvements and pUblic utilities either within or outside the Project Area, and such public improvements include, but are not limited to, overpasses or underpasses, bridges, streets, curbs, gutters, sidewalks, street lights, sewers, storm drains, traffic signals, electrical distribution systems, flood control facilities, natural gas distribution systems, water supply and distribution systems, buildings, parks, off-street parking, plazas, playgrounds, landscaped areas, and any other public building, facility, structure or improvement. The principal streets where improvements shall be considered are Highland Avenue and Baseline Street (from Interstate 215 to Waterman Avenue), "E" Street (from 8th Street to Highland Avenue), Second Street and Third Street (from Interstate 215 to Mount Vernon Avenue), and "I" Street (from Interstate 215 to Rialto Avenue); and WHEREAS, San Bernardino has the Planning Commission determined on May 19, 1986, - 2 - of the that the . City of location, purpose and extent of the public improvements identified above are consistent with the City of San Bernardino General Plan; and WHEREAS, the Council has considered the following alternative means of financing the necessary public improvements: 1. Federal and State Assistance Community Development Block Grant Funding; Programs including 2. General revenue financing; 3. General obligation bond issues; 4. Joint Powers Agreements with the Agency, the City and/or a nonprofit corporation; 5. General San Bernardino; fund appropriations from the City of 6. User Fees; 7. Developer participation through public-private negotiations; . B. A nonprofit corporation acting on behalf of the City of San Bernardino and sale and lease back financing; - 3 - 9. Assessment District Financings; 10. Development Fees; 11. Tax allocation bonds or other legal means of financing the improvements available to the Agency; and 12. Sales tax revenues as may be authorized pursuant to Revenue and Taxation Code Section 7202.6; and WHEREAS, the Agency Staff has prepared and submitted a series of documents and reports which have been assembled and included in the Uptown Redevelopment Plan Public Hearing Document Binder - 1986, including the Preliminary Report to the Fiscal Review Committee of the County of San Bernardino, dated March 1986; and WHEREAS, Health and Safety Code Section 33445 authorizes the Agency to pay all or part of the value of the land for and installation and construction of certain public improvements, structures, facilities and buildings in connection with the implementation of the Redevelopment Plan provided the Council makes certain determinations; and . WHEREAS, Health and Safety Code Section 33334.2 requires that a certain percentage of all tax increment revenues available to the Agency and attributable to the property tax rate levied within - 4 - the Project Area shall be utilized to further the efforts of the City as to providing low- and moderate-income housing; and WHEREAS, said Section 33334.2 further provides that such housing may be provided outside of the Project Area upon certain findings being made. NOW, THEREFORE, THE MAYOR AND COMMON CALIFORNIA, AS FOLLOWS: BE IT RESOLVED, DETERMINED AND ORDERED BY COUNCIL OF THE CITY OF SAN BERNARDINO, Section 1. That the publicly owned facilities, structures or other improvements as specified in the recitals hereinabove are of benefit to the Project Area. Section 2. That no other reasonable means of financing said public improvements are available to the City of San Bernardino other than to permit the Agency to construct said public improvements in whole or in part with the proceeds of tax allocation bonds which may be issued f rom time to time by the Agency or with the pledge or other use of tax increment revenues that are available to the Agency for such purposes. Section 3. That the Agency may pay all the c~sts of the value of land and the cost of the installation and construction for the public improvements specified in the recitals hereinabove which - 5 - are publicly owned and located outside the Project Area for the following reasons: 1. that such public improvements are of benefit to the Project Area; and 2. that no other reasonable means of financing such public improvements is available to the City of San Bernardino other than to permit the Agency to construct said public improvements in whole or in part with the proceeds of tax allocation bonds which may be issued from time to time by the Agency or with the pledge or other use of tax increment revenues and other revenues that are available to the Agency for such purposes. Section 4. That, pursuant to Health and Safety Code Section 33334.2, the Council hereby finds and determines that twenty percent (20%) of all tax increment revenues which are allocated to the Agency pursuant to Health and Safety Code Section 33670 for the Project Area shall be utilized by the Agency to acquire, construct or install or cause to be acquired, constructed or installed, all necessary public infrastructure items and components and the other items as provided by Health and Safety Code Section 33334.2 (e) and (f) together with such other funds as may be available th~refor, for the purpose of providing for low- and moderate-income housing either within or outside the Project Area. The Council does hereby authorize the use of such revenues for the purpose of permitting the - 6 - Agency to provide, as needed. any or all of the requisite infrastructure items and components and the other items authorized by Health and Safety Code Section 33334.2(e} for the development and/or rehabilitation of sites for low-and moderate-income housing in furtherance of low- and moderate-income housing either within or outside the Project Area. The Agency shall so utilize such revenues for providing infrastructure items and components and the other items provided by Health and Safety Code Section 33334.2 until such time as one of the findings enumerated in Health and Safety Code Section 33334.2(a} may be made. Section 5. That the use of the twenty percent (20%) of the tax increment revenues attributable to the properties included within Project Area and to be used pursuant to Section 4 hereof. shall be in accordance with Health and Safety Code Section 33413 except as hereinafter set forth. The Agency shall require all development within the Project Area to be in compliance with the requirements of said Section 33413 except as may be qualified by Section 6 hereof. Section 6. Pursuant to Health and Safety Code Section 33334.2(g} and notwithstanding any other provision hereof, the Council hereby finds and determines that the provision of low-and moderate-income housing with the use of twenty pe.cent (20%) of the tax increment revenues attributable to the properties located within the Project Area outside of the Project Area, will be of benefit to the Project Area. - 7 - Section 7. This Resolution shall take effect upon adoption. I HEREBY CERTIFY adopted by the Mayor San Bernardino at a held on the ?nn the following vote, to that and the foregoing Common Council resolution of the meeting was duly City of thereof, 1986, by r~g1l1;::&r day of wit: .1nnA Council Members AYES: Estrada. Reillv. Marks. Ouie!. Strickler NAYS: None ABSENT: Council Members Hernandez, Frazier ~/.?///lt?~M Ci ty Clerk 1/6<.- The foregoing June resolution is , 1986. hereby approved this day of Approved as to form: ~" '" ~~:e~ City Attorney . - 8 -