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HomeMy WebLinkAboutR14-Redevelopment Agency o o o o o DBVELOPIIIIIT DBPAhrmaL OF DB CITY OF SAIl ImlRAIlnnro IBOUBST FOil COIBISSIOll/COUKCIL ACTIOll From: KENNETH J. HENDERSON Executive Director Subject: WELLS FAIlGO LID OF CUDIT AftuIlftl5ftT Date: April 9, 1991 ------------------------------------------------------------------------------- Synopsis of Previous CaaBissionlCouncil/C~ittee Action: On July 2, 1990, the COllllDU11ity Development CODlDiBs1on authorized the execution of a Letter of Acceptance for a Line of Credit with Wells Fargo. On October 01, 1990, the Community Development Commission authorized the negotiation of an agreement with Wells Fargo Bank for investment services. On December 17, 1990, the Community Development Commission authorized -lines of credit with Wells Fargo Bank ------------------------------------------------------------------------------- Ilec~eaded Motion: (C-itv Devel..__t C-ission) USOLUTIOll OF DB COII_Jl.lft DBVELOPIIIIIT COIBISSIOll OF DB CITY OF SAlI BER1IAltDIlIO. CALIFORIIU. APPIlOVIIG All ~ OF r.J!II'I'UlI LIDS OF CREDIT WITH WELLS FAIlGO IWII:. IlATIODL ASSOCUTIOlI QD AtlTIIOIlIZIIIG DB EXECUTION OF CEIlTAIlI OOCUl'JJ5lf:[S III CODBCTIOll DBUWITH. (Recommended Motions continued to Page Number "2") ~Il J. 1I1!1IID!1I1101l Executive Director Develo~ent Depar t ------------------------------------------------------------------------------- Contact Person: Ken Henderson/Barbara Lindseth Phone: 5065: 5081 Project Area: Northwest (NW) Ward(s): Six (6) Supporting Data Attached: Staff ReDort: Resolutions FUNDING REQUIREMENTS: Amount: *58.500/vear Source: Budget Authority: ------------------------------------------------------------------------------- CODIDissionlCouncil lIotes: KJH:BL:lab:1382A Ageada Item lIo:~ o o o - o DEVELOPIIIIIr DBPAou.maJ: REQUEST lOR COIIIIISSIOII/COUBCIL ACTIO. Wells Farao Line of Credit .l........at Paae -2- o Recnmm~ded Rotions Contfnned... (C----itv Develn-t C-lssion) RESOLtlTIOII OF TBB ClIl__.lTY DEVELOPIIIIIr COIIIIISSIO. OFTBB CITY OF SAR BBRltARDIIIO. CALIlOllIIU. IlAnIlG FmDIKS DD _uIIIIJ.IlATIOIIS AS TO TBB Iu5au.lT TO TBB SOlITBIAST IlIDUSDUL PARr; _v&.OPIIIIIr PIOJBCT ARIA OF URUJ5JaAnIlG CKIIT.l TW RBDEVELOPIIIIIr ACTIVITIES. nlavor ...d C on Ccnmcil) RESOLtlTIO. OF TBB IlAYOR DD COIKl. COUBCIL OF TBB CITY OF SD Rlmf.lllDIIIO. CALIlOllIIU. IlAnIlG neIKS DD Wl"J:Ul'I.lIlATIORS AS TO TBB "BlllBFIT TO TBB SOllTIIBAST IIIIUSftIAL PARr; IUWJ5v&.OPIIIIIr PIOJBCT ARIA OF UlIDBRrAnIlG CKIIT.lTW RBDEVELOPIIIIIr ACTIVITIES. (C.-....ftv Develomlent Cnmmfssion) 1'hat the C-.mity Development C~ssion authorize lID lUID.ual payment of a 1.5S letter of credit fee to Wells Farao Bauk. KJH:BL:lab:1382A COIMISSIO. IlBETIltG Reeting Date: 04/15/1991 o o o 1 - - - o o DBVBLOPIIIIIT DBPAaumar STAFF REPORT Wells Farao Line of Credit a____t The firm of Wood-Rusing and Associates was directed to assist the Department with the maximization of yields the Department can earn on its investment portfolio by undertaking a review of the cost, risk and rate of return from alternate investment strategies available, consistent with the Department's existing investment policies. The firm was also directed to maximize the leverage which that portfolio gives the Department in obtaining loanable funds from the banking community by assisting in negotiating with Wells Fargo Bank a maximum line of credit for use on redevelopment projects. As approved on July 2, 1990 by the Commission, the Line of Credit was designed to extend credit to the Department in the aggregate principal amount of $7,000,000. Of this $7,000,000, $1,000,000 is an unsecured "line of credit payable at prime rate to be repaid at the Department's terms, with a maturity date of December 1991. The remaining $6,000,000 is a secured line of credit payable at prime rate minus .50% to be repaid at the Department's terms, with a maturity date of December 1991, and with collateral of secured interest in cash or cash equivalents of not less than the line cODlllitment. There are no cODlllitment or loan fees, but the Department will maintain the ratio of cash or cash equivalents to the Unsecured Line of Credit CODlllitment of not less than 1.5 at any time. As collateral, $10,000,000 was approved by the CODlllission to be invested through Wells Fargo Bank Investment Services. These funds funds are tax increment funds, not bond proceeds, and the funds will be invested in accordance with the Department's Investment Policy and the agreement negotiated with Wells Fargo. Investment of these funds with Wells Fargo will meet the requirement that the Department maintain the ratio of cash or cash equivalents to the unsecured line of credit at any time and that there be security in the amount of $6,000,000 (from Southeast Industrial Park) for the secured line of credit. It was proposed to invest the following funds: Central City Projects: Southeast Industrial Park: $ 4,000,000 6.000.000 $10,000,000 Total: The proposed use of the Line of Credit will be in the amounts of $2,130,000 for the HAB Loan and $3,400,000 for the Portugal and Neal Agreement secured by the tax increment from Southeast Industrial Park. KJR: BL: lab: 1382A CORlISSIOB IIBITIBG 'Meeting Date: 04/15/1991 o o o o o DEVELOPIIBIIr DBPhumaJ: StiFF IBPORT Wells Farao Line of Credit April 9. 1991 Page -2- ---------------------------------- In addition, the proposed increase in the line of credit of $4,000,000 will be used to secure the CDBG float loans from the County of San Bernardino ($2,900,000) and from the City of San Bernardino ($450,000) for the West Side Plaza to secure the letters of credit. At the same time as the adoption of the amendments to the lines of credit, benefit resolutions will need to be adopted to allow the deposit of funds from the Southeast Industrial Park project area to be invested with Wells Fargo as collateral for the letters of credit issued to the Northwest project area. In addition, Wells Fargo Bank will impose an annual fee in the amount of 1.5X of the total letters of credit. The attached Resolutions approve the amendments to the lines of credit with Wells Fargo Bank, the execution of certain documents in connection therewith, and establishes the benefit to Southeast Industrial Park for "the use of tax increment as collateral. Staff recommends adoption of the attached Resolutions. .........~~OB. becutive Director Develor.-ent Departaent KJH:BL:lab:1382A COIIIISSIOB IIBBTIBG Meeting Date: 04/15/1991 o o o o o 1 2 3 .. 5 6 7 Item: 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 KAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA AGENDA April 15, 1991 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING AN AMENDMENT OF CERTAIN LINES OF CREDIT WITH WELLS FARGO BANX, NATIONAL ASSOCIATION AND AUTHORIZING THE JXECUTION OF CERTAIN DOctlHENTS IN CONNECTION THEREWITH Action to be Taken: Adopt Resolution. Certified copy of Resolution to be returned to Sabo & Green, a Professional Corporation. IIII!lIIIIOOIIDOCI4.5I 419191 0700. o o o 1 2 3 " 5 6 7 WHEREAS, the Community Development Commission of the 8 City of San Bernardino (the "commission") on behalf of the 9 Redevelopment Agency of the City of San Bernardino (the 10 "Agency"), is a redevelopment agency, a public body, corporate 11 and politic of the State of California, organized and existing 12 pursuant to the Community Redevelopment Law (Part 1 of Division 13 24) commencing with Section 33000 of the Health and Safety Code 14 of the State of California (the "Act"); and RESOLUTION NO. RESOLUTION OF THE .COMHtlNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING AN AMENDMENT OF CERTAIN LINES OF CREDIT WITH WELLS FARGO BANK, NATIONAL ASSOCIATION AND AUTHORIZING THE EXECUTION OF CERTAIN DOCUMENTS IN CONNECTION THEREWITH o 15 16 WHEREAS, pursuant to Health and Safety Code Section 17 33601 a redevelopment agency may borrow money (by the issuance of 18 bonds or otherwise) or accept financial or other assistance from 19 any private lending institution for any redevelopment project for 20 the purposes of undertaking redevelopment activities; and 21 22 WHEREAS, pursuant to California Government Code Section 23 5900 n am., the Agency may issue bonds, as such term is defined 24 in California Government Code Section 5902 (a), and may enter into 25 and undertake similar and related financing transactions as more 26 fully described in Government Code Section 5900 At ~; and o 27 I II 28 III - 1 - o o o o o 1 WHEREAS, the Aqency has previously taken certain 2 actions with the City of San Bernardino (the "City") to approve 8 and adopt various redevelopment plans and establish redevelopment 4 project areas within the boundaries of the city; and 5 6 7 8 9 10 11 12 WHEREAS, the Aqency now deems it desirable to amend the 13 Lines of Credit in order to increase said Lines of Credit by an 14 amount equal to Four Million Dollars ($4,000,000) for the 15 purposes of allowinq the Aqency to undertake certain 16 redevelopment projects within the Northwest Redevelopment Project 17 Area; and 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, in order to fund various redevelopment projects within its various redevelopment project areas, the Aqency has previously approved the establishment of two (2) lines of credit (the "Lines of credit") with Wells Farqo Bank, National Association (the "Bank"); and WHEREAS, in connection with the amendment of the Lines of credit, the Aqency shall be required to execute certain documents and the Aqency deems it desirable to authorize the execution and delivery of such documents in connection with the amendment of the Lines of Credit. NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION ACTING ON BEHALF OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DO HEREBY FIND, RESOLVE, DETERMINE AND ORDER AS FOLLOWS: - 2 - o o 10 I ~ o o 1 Section 1. The amendment of the Lines of Credit as 2 described in the Recitals hereof is hereby approved. 3 4 Section 2. The Aqency authorizes the execution of 5 the final form of any documents required in connection with the 6 amendment of the Lines of credit when the same shall be presented 7 for execution by the Chairman, the Secretary, or such other 8 appropriate Agency officials, subject to such changes, additions 9 and deletions as may be approved by the Chairman. The execution 10 thereof by the Chairman, the Secretary, or such other appropriate 11 Agency official shall be deemed to be conclusive as to the 12 approval thereof, by and on behalf of the Aqency. 13 I I I 14 /I I 15 I I I 16 I I I 17 /I I 18 I I I 19 I I I 20 /II 21 I I I 22 /II 23 /II 24 /II 25 1/1 26 1/1 27 /I I 28 1/1 - 3 - o o o o o 1 2 3 4 5 the date of its adoption. 6 7 8 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING AN AMENDMENT OF CERTAIN LINES OF CREDIT WITH WELLS FARGO BANK, NATIONAL ASSOCIATION AND AUTHORIZING THE EXECUTION OF CERTAIN DOCUMENTS IN CONNECTION THEREWITH section 3. This Resolution shall take effect upon I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Community Development Commission of the City of 9 San Bernardino at a meeting thereof, held on 10 the day of 11 vote, to wit: , 1991, by the following 12 Commission Members: 13 14 15 16 17 ~ ~ ABSTAIN ESTRADA REILLY FLORES MAUDSLEY MINOR POPE-LUDLAM MILLER 18 19 20 Secretary The foregoing resolution is hereby approved this , 1991. day of 21 22 23 24 Approved as to 25 form ~and legal ~content.:... 26 By. . Agency ounse 27 28 W. R. HolCOmb, Chairman Community Development Commission of the city of San Bernardino SBEOIOOOl1DOC1451 - 4 - o o o o o 1 STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) 2 CITY OF SAN BERNARDINO ) 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 ss I, Secretary of the COlll1lluni ty Development COlll1llission of the City of San Bernardino, DO HEREBY CERTIFY that the foregoing and attached copy of COIII1IIuni ty Development COlll1llission of the City of San Bernardino Resolution No. is a full, true and correct copy of that now on file in this office. IN WITNESS WHEREOF, I bave bereunto set my band and affixed the official seal of the COIII1IIunity Development COlll1llission of the City of San Bernardino this day of , 1991. Secretary of the COlll1llunity Development COIII1IIi.sion of the City of San Bernardino 21 22 23 24 25 26 27 28 o 1 2 3 4 5 6 7 8 9 10 Action to 11 be Taken: 12 13 14 15 16 17 18 19 20 21 22 Item: o o MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA AGENDA April 15, 1991 RESOLUTION OF THE COMMtlNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, CALIFORNIA, MAKING FINDINGS AND DETERMINATIONS AS TO THE BENEFIT TO THE SOUTHEAST INDUSTRIAL PARK REDEVELOPMENT PROJECT AREA OF UNDERTAKING CERTAIN REDEVELOPMENT ACTIVITIES Adopt Resolution. Certified copy of Resolution to be returned to Sabo , Green, A Prof.ssional Corporation. o SBIlOIOOOII453ho 01109191 7:20 o 23 24 25 26 27 28 o o o 1 2 3 4 5 6 7 8 "City"), 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o o RESOLUTION NO. RESOLUTION OF THE COMNtlNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, CALIFORNIA, MAKING FINDINGS AND DETERMINATIONS AS TO THE BENEFIT TO THE SOUTHEAST INDUSTRIAL PARK REDEVELOPMENT PROJECT AREA OF UNDERTAKING CERTAIN REDEVELOPMENT ACTIVITIES WHEREAS, the City of San Bernardino, California (the is a municipal corporation and a charter city duly created and existinq pursuant to the Constitution and the laws of the State of California (the "City"); and WHEREAS, the Co_unity Development Co_ission of the City of San Bernardino (the "Co_ission") on behalf of the Redevelopment Aqency of the City of San Bernardino (the "Aqency"), is a redevelopment aqency, a public body, corporate and politic of the State of California, orqanized and existing pursuant to the Co_unity Redevelopment Law (Part 1 of Division 24) co_encinq with Section 33000 of the Health and Safety Code of the State of California (the "Act"); and qency may, with the consent of the Mayor and Co_on Council of WHEREAS, pursuant to Section 33445 of the Act, the installation the City ("the Council"), pay all or part of the costs of and construction of buildinq, facility, any structure or other improvement which is publicly owned either ithin or without the boundaries of a redevelopment project area if the Council determines: structures (1) that such buildinqs, facilities, or other improvements the of benefit are to - 1 - o o o o o 1 redevelopment project area or the i_ediate neighborhood in which 2 the project is located, regardless of whether such improvements 3 are within another project area, or in the case of a project area 4 in which substantially all of the land is publicly owned, that 5 the improvements are of benefit to the adjacent project area of 6 the Agency, and (2) that no other reasonable means of financing 7 such buildings, facilities, structures or other improvements is 8 available to the co_unity, and such determination by the Agency 9 and the Council shall be final and conclusive; and 10 . 11 WHEREAS, the City and the C~ission have previously 12 approved and adopted a Redevelopment Plan for the Southeast 13 Industrial Park Redevelopment Project (the "Redevelopment Plan") ; 14 and 15 16 WHEREAS, the Agency has previously approved the 17 establishment of certain lines of credit with Wells Fargo Bank, 18 National Association (the "Lines of Credit") one of which is to 19 be secured by collateral from the various redevelopment project 20 areas of the Agency; and 21 22 23 24 25 26 27 28 WHEREAS, the Agency deems it desirable to increase the Lines of Credit and in connection therewith must secure such increase in the Lines of Credit with additional collateral; and WHEREAS, the Agency deems it desirable to undertake certain redevelopment projects and activities in the Northwest Redevelopment Project Area, which projects and activities are - 2 - o o o o o 1 related to the developlllent of a shopping center and which 2 projects and activities include but are not limited to the 3 acquisition, construction and installation of certain public 4 improvements, and facilities (the "Redeveloplllent Projects"); and 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, the Agency deems it desirable to use revenues attributable to the increase in the Lines of Credit to undertake the Redevelopment Projects in the Northwest Redevelopment Project Area but in order to do so the Agency must Obligate certain collateral presently existing and available within the Southeast Industrial Park Redeveloplllent Project Area for the purposes of securing the increase in the Lines of Credit; and WHEREAS, the undertaking of the Redevelopment proj ects in the Northwest Redevelopment Project Area will enable the Agency to further its redevelopment objectives within the entire City and will assist in the overall redevelopment of all of the various project areas of the Agency located within the boundaries of the City; and WHEREAS, the Southeast Industrial Park Redevelopment Project Area is presently experiencing demand for commercial and industrial land by land intensive users, which land is not readily available within the Southeast Industrial Park Project edevelopment Area; and WHEREAS, the undertaking of the Redeveloplllent Projects ithin the Northwest Redevelopment Project Area will be of - 3 - o o o 1 benefit to the Southeast Industrial Park Redevelopment Project 2 Area to the extent that the Northwest Redevelopment Project Area 3 can accommodate demand for industrial and commercial land which 4 demand cannot be accommodated in the Southeast Industrial Park 5 Redevelopment Project Area because of the lack of available land 6 suitable for the types of users seekinq to locate in the 7 Southeast Industrial Park Redevelopment Project Area; and 8 9 WHEREAS, land which is more suited for the types of 10 development seekinq to locate in the Southeast Industrial Park 11' Redevelopment Project Area is readily available within the 12 Northwest Redevelopment Project Area and such land is more 13 appropriate to accommodate some of the industries and businesses 14 otherwise seekinq to locate in the Southeast Industrial Park 15 Redevelopment Project Area because of the Northwest Redevelopment 16 Project Area's proximity to freeway and rail facilities and 17 because land costs are considerably less expensive for land 18 intensive activities; and 19 20 WHEREAS, by providinq land which is suitable for 21 evelopment because of the existence of adequate public 22 in alternative locations such as the Northwest 23 edevelopment Project Area, the Aqency will be able to 24 accommodate other development within the Southeast Industrial 25 ark Redevelopment Project Area which is better suited to such 26 roject area in terms of the economic viability of that portion 27 f the City; and 28 /I / o o - 4 - o o o o o WHEREAS, the Northwest Redevelopment Project Area provides a viable alternative location for industries seeking to undertake industrial and commercial activities which cannot locate within the Southeast Industrial Park Redevelopment Project Area because of the economics associated with locating in such Project Area and accordingly, such industries are more likely to locate in the Northwest Redevelopment Project Area rather than in areas outside of the City to the extent the Agency is able to provide adequate pUblic improvements, and facilities within the Northwest Redevelopment Project Area; and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 WHEREAS, it is appropriate at this time for the 18 ommission to make certain findings and determinations and take 19 ertain action with respect to the acquisition, installation and 20 onstruction of the public improvements and the undertaking of 21 he various Redevelopment Projects in the Northwest Redevelopment 22 roject Area. 23 24 25 26 27 28 /II WHEREAS, because of the interaction between the gency's various project areas, the ability of the Agency to keep industrial and commercial growth within any of its project areas s of benefit to all of its project areas; and NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION ON BEHALF OF THE REDEVELOPMENT AGENCY OF THE CITY OF AN BERNARDINO, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND FOLLOWS: - 5 - 1 0 2 3 4 5 6 7 8 9 10 1i 12 13 o o o o Section 1. The Recitals hereinabove are true and correct and are incorporated herein by this reference. Section 2. The Commission approves the payment by the Aqency of the costs of the Redevelopment Projects to be undertaken within the Northwest Redevelopment Project Area for the reasons set forth and the recitals hereinabove. Section 3. The commission finds and determines that no other reasOnable means of financinq the Redevelopment Projects other than throuqh use of revenues available throuqh the increase in the Lines of credit, supported by collateral from the Southeast Industrial Park Redevelopment Project Area, is 14 presently available to the City or the Aqency and that the city 15 and the Aqency require the use of revenues qenerated from the 16 Southeast Industrial Park Redevelopment Project Area in order to 17 fund the undertakinq of the Redevelopment Projects. The 18 undertakinq of the Redevelopment Projects in the Northwest 19 Redevelopment Project Area will help improve the economic 20 viability and growth potential of the Southeast Industrial Park 21 Redevelopment Project Area which will in turn help eliminate 22 bliqht and will provide benefit to the Southeast Industrial 23 edevelopment Project Area. 24 25 Section 4. The findinqs and determinations of the 26 ommission as set forth herein shall be final and conclusive. 27 III 28 III - 6 - 1 0 2 3 4 5 6 7 8 9 10 If 12 13 14 o o o o Section 5. The Agency Secretary is hereby authorized and directed to cause this Resolution to be transmitted to the City in connection with appropriate action by that body. III 1/1 1/1 11/ 1/1 1/1 /II 1/1 /II 1/1 15 /II 16 /II 17 /II 18 1/1 19 1/1 20 /II 21 1/1 22 /II 23 /II 24 1/1 25 1/ 26 /I 27 /I 28 1/ - 7 - o o o o 9 an Bernardino at a o . meeting day of s: The foregoing day of 10 thereof, held on the 11 L991, by the following vote, to wit: 12 13 !:STRADA REILLY 14 "'LORES ~UDSLEY 15 IUNOR OPE-LUDLAM 16 ~ILLER 17 18 19 20 21 22 23 24 25 y' ~~. 26 Agency Counsel BEOOOOI/DOC/453 27 28 ~ ~ ABSTAIN Secretary resolution is , 1991. hereby approved this W. R. Holcomb, Chairman Community Development Commission of the City of San Bernardino pproved as to form and legal content: - 8 - I . . o o o o o 1 STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) 2 CITY OF SAN BERNARDINO ) 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 ss I, Secretary of the Community Development Commission of the City of San Bernardino, DO HEREBY CERTIFY that the foreqoinq and attached copy of community Development Commission of the City of San Bernardino Resolution No. is a full, true and correct copy of that now on file in this office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the Community Development Commission of the City of San Bernardino this day of , 1991. Secretary of the Community Development Commission of the City of San Bernarelino o o o Item: o o MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA AGENDA April 15, 1991 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, MAKING FINDINGS AND DETERMINATIONS AS TO THE BENEFIT TO THE SOUTHEAST INDUSTRIAL PARK REDEVELOPMENT PROJECT AREA OF UNDERTAKING CERTAIN REDEVELOPMENT ACTIVITIES Adopt Resolution. 12 Certified copy of Resolution to be returned to Sabo , Green, A Professional Corporation. 13 1 ~ SBIlO/llOOII4S2 ~ CMI09/91 706 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o o o o o 1 2 3 4 5 6 7 "City"), is a municipal corporation and a charter city duly 8 9 10 If RESOLUTION NO. RESOLUTION OF THE KAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, MAKING FINDINGS AND DETERMINATIONS AS TO THE BENEFIT TO THE SOUTHEAST INDUSTRIAL PARK REDEVELOPMENT PROJECT AREA OF UNDERTAKING CERTAIN REDEVELOPMENT ACTIVITIES WHEREAS, the City of San Bernardino, California (the created and existing pursuant to the Constitution and the laws of the State of California (the "City"); and WHEREAS, the Community Development Commission of the 12 City of San Bernardino (the "Commission") on behalf of the 13 14 15 16 ursuant to the Community Redevelopment Law (Part 1 of Division 17 edevelopment Agency of the City of San Bernardino (the a redevelopment agency, a public body, corporate nd politic of the State of California, organized and existing 18 19 20 21 22 23 24 25 26 27 28 24) commencing with Section 33000 of the Health and Safety Code f the State of California (the "Act"); and WHEREAS, pursuant to Section 33445 of the Act, the geney may, with the consent of the Mayor and Common Council of e City ("the council"), pay all or part of the costs of nstallation and construction of any building, facility, tructure or other improvement which is publicly owned either ithin or without the boundaries of a redevelopment project area 'f the Council determines: (1) that such buildings, facilities, tructures or other improvements are of benefit to the - 1 - o o o o o 1 redevelopment project area or the immediate neiqhborhood in which 2 the project is located, reqardle.s of whether such improvements 3 are within another project area, or in the case of a project area 4 in which substantially all of the land is publicly owned, that 5 the improvements are of benefit to the adjacent project area of 6 the Aqency, and (2) that no other reasonable means of financing 7 such buildinqs, facilities, structures or other improvements is 8 available to the community, and such determination by the Aqency 9 and the Council shall be final and conclusive; and 10 11 12 13 14 15 16 WHEREAS, the Aqency has previously approved the 17 stablishment of certain lines of credit with Wells Farqo Ban~, 18 ational Association (the "Lines of credit") one of which is to 19 secured by collateral from the various redevelopment project 20 reas of the Aqency; and WHEREAS, the City and the Commission have previously approved and adopted a Redevelopment Plan for the Southeast Industrial Park Redevelopment Project (the "Redevelopment Plan"); nd 21 22 WHEREAS, the Aqency de_s it desirable to increase the 23 ines of credit and in connection therewith must secure such 24 ncrease in the Lines of Credit with additional collateral; and 25 26 WHEREAS, the Aqency deems it desirable to undertake 27 ertain redevelopment projects and activities in the Northwest 28 edevelopment Project Area, which projects and activities are - 2 - o o o o o 1 related to the development of a shoppinq center and which 2 projects and activities include but are not limited to the 3 acquisition, construction and installation of certain public " improvements, and facilities (the "Redevelopment Projects"); and 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, the Aqency deems it desirable to use revenues attributable to the increase in the Lines of Credit to undertake the Redevelopment Projects in the Northwest Redevelopment Project Area but in order to do so the Aqency must obliqate certain collateral presently existinq and available within the Southeast Industrial Park Redevelopment Project Area for the purposes of securinq the increase in the Lines of Credit; and WHEREAS, the undertakinq of the Redevelopment Projects in the Northwest Redevelopment Project Area will enable the Aqency to further its redevelopment objectives within the entire City and will assist in the overall redevelopment of all of the various project areas of the Aqency located within the boundaries of the City; and WHEREAS, the Southeast Industrial Park Redevelopment Project Area is presently experiencinq demand for commercial and industrial land by land intensive users, which land is not readily available within the Southeast Industrial Park Project Redevelopment Area; and WHEREAS, the undertakinq of the Redevelopment Projects within the Northwest Redevelopment Project Area will be of - 3 - () o o o o 1 benefit to the Southeast Industrial Park Redevelopment Project 2 Area to the extent that the Northwest Redevelopment Project Area 3 can accommodate demand for industrial and commercial land which 4 demand cannot be accommodated in the Southeast Industrial Park 5 Redevelopment Project Area because of the lack of available land 6 suitable for the types of users seeking to locate in the 7 Southeast Industrial Park Redevelopment Project Area; and 8 9 WHEREAS, land which is more suited for the types of 10 development seeking to locate in the Southeast Industrial Park Ii Redevelopment Project Area is readily available within the 12 Northwest Redevelopment Project Area and such land is more 13 appropriate to accommodate some of the industries and businesses 14 otherwise .eeking to locate in the Southeast Industrial Park 15 Redevelopment Project Area because of the Northwest Redevelopment 16 Project Area's proximity to freeway and rail facilities and 17 because land costs are considerably less expensive for land 18 intensive activities; and 19 20 WHEREAS, by providing land which is suitable for 21 development because of the existence of adequate public 22 improvements in alternative locations such as the Northwest 23 Redevelopment Project Area, the Agency will be able to 24 accommodate other development within the Southeast Industrial 25 Park Redevelopment Project Area which is better suited to such 26 project area in terms of the economic viability of that portion 27 of the City; and 28 III - 4 - o o o o o 1 WHEREAS, the Northwest Redevelopment Project Area 2 provides a viable alternative location for industries seeking to 3 undertake industrial and commercial activities who cannot locate " within the Southeast Industrial Park Redevelopment Project Area 5 because of the economics associated with locating in such Project 6 Area and accordingly, such industries are more likely to locate 7 in the Northwest Redevelopment Project Area rather than in areas 8 outside of the City to the extent the Agency is able to provide 9 adequate public improvements, and facilities within the Northwest 10 Redevelopment Project Area; and 11 12 WHEREAS, because of the interaction between the 13 Agency's various project areas, the ability of the Agency to keep 14 industrial and commercial growth within any of its project areas 15 is of benefit to all of its project areas; and 16 17 WHEREAS, it is appropriate at this time for the Council 18 to make certain findings and determinations and take certain 19 action with respect to the acquisition, installation and 20 construction of the public improvements and the undertaking of 21 the various Redevelopment Projects in the Northwest Redevelopment 22 Project Area. 23 24 NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE 25 CITY OF SAN BERNARDINO, CALIFORNIA, DO HEREBY FIND, RESOLVE, 26 DETERMINE AND ORDER AS FOLLOWS: 27 III 28 1/1 - 5 - o o o o o 1 Section 1. The Recitals hereinabove are true and 2 correct and are incorporated herein by this reference. S 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 Section 2. The Council consents to the payment by the Aqency of the costs of the Redevelopment Projects to be undertaken within the Northwest Redevelopment Project Area for the reasons set forth and the recitals hereinabove. Section 3. The Council further finds and determines that no other reasonable means of financinq the Redevelopment Projects other than throuqh use of revenues available through the increase in the Lines of credit, supported by collateral from the Southeast Industrial Park Redevelopment Project Area, is presently available to the City or the Aqency and that the City and the Aqency require the use of revenues qenerated from the Southeast Industrial Park Redevelopment Project Area in order to fund the undertaking of the Redevelopment Projects. The undertaking of the Redevelopment Projects in the Northwest Redevelopment Project Area will help improve the economic viability and growth potential of the Southeast Industrial Park Redevelopment Project Area which will in turn help eliminate bliqht and will provide benefit to the Southeast Industrial Redevelopment Project Area. Section 4. The findings and determinations of the Council as set forth herein shall be final and conclusive. III III - 6 - o o 1 Sect:ion 5. The City Clerk is hereby authorized and () 2 directed to cause this Resolution to be transmitted to the Agency 3 in connection with appropriate action by that body. 4 III 5 III 6 III 7 III 8 III 9 III 10 III . 11 III 12 III 13 III 0 14 III 15 III 16 III 17 III 18 III 19 III 20 III 21 III 22 III 23 III 24 III 25 III 26 III 0 27 III 28 III - 7 - o o o o o 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO MAKING FINDINGS AND DETERMINATIONS AS TO THE 2 BENEFIT '1'0 'l'HE SOUTHEAST INDUSTRIAL PARK REDEVELOPMENT PROJECT AREA OF UNDERTAICING CERTAIN REDEVELOPMENT ACTIVITIES 3 " Section 6. This Resolution shall take effect upon 5 the date of its adoption. 6 7 I HEREBY CERTIFY that the foreqoinq resolution was duly 8 adopted by the Mayor and COlDIDon Council of the City of San 9 Bernardino at a meetinq thereof, held on the 1 day of , 1991, by the followinq vote, 11 to wit: 12 IS 14 15 16 17 18 AYES: Council Members NAYS: ABSENT : City Clerk 19 20 21 22 23 24 Approved as to form and 25 JAMES F. PENMAN City Attorney 26 27 By: ~ 28 SIIIlllOOOJ~ t' -- ~ The foreqoinq resolution is hereby approved this day of , 1991. Mayor of the City of San Bernardino leqal content: ~ - 8 - o o o o o 1 STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) 2 CITY OF SAN BERNARDINO ) 3 4 5 6 7 8 9 10 Ii 12 13 14 15 16 17 18 19 20 21 .s I, City Clerk of the City of San Bernardino, DO HEREBY CERTIFY that the foregoing and attached copy of Mayor and Common Council of the city of San Bernardino Resolution No. is a full, true and correct copy of that now on file in this office. IN WITNESS WHEREOF, I bave bereunto set my band and affixed the official .eal of the Mayor and Common Council of the City of San Bernardino this day of , 1991. City Clerk City of San Bernardino 22 23 24 25 26 27 28