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HomeMy WebLinkAboutR02-Redevelopment Agency o o o 'U' o o DBVELOPIIIII't DIP&1mwn: 01' DB CIn 01' SAIl -&1mIllO IIJlOIJKST FOR COIMISSIOW/COIIIICIL ACTIO. From: JUSft1'Ui:nl J. BEBDERSON Executive Director Subject: WELLS FARGO LID OF CREDIT AhanuImnr Date: April 9, 1991 SJIlopsis of Previous c-iaaicmlCcnmcillC~ttee Action: On July 2, 1990, the Co_ity Development COIIDisBion authorized the execution of a Letter of Acceptance for a Line of Credit with Wells Fargo. On October 01, 1990, the Community Development COIIDiasion authorized the negotiation of an agreement with Wella Fargo Bank for investment services. On December 17, 1990, the CODIII1Inity Development Commission authorized "lines of credit with Wells Fargo Bank Rec_ended IIotion: (C-1tv Devel_ent (''-1aaion) RESOLUTION 01' DB co-w....t"1 DBVELOPIIIII't COIMISSION 01' DB CIn 01' SAIl BBRllUtDIlIO, ClLIFODU, API'lOn.. B ~ 01' rnnrruw LIllIS 01' CREDIT WITH WELLS FARGO BAR, IlATIOBAL ASSOCIATIo. AD ADTIIORIZIIIG DB IDCDTION 01' CR1I'I'UN DOCUImlo:S IN COIlllBCTIo. xAHll1lITH. (Recommended Motions continued to Page Number "2") A.DIIlViUl 3. ..1t_ltIIU'AOII b:ec::utive Director DevelOl*&Dt Depar t Contact Person: Ken B~dersonlBarbara Lindseth Phone: 5065: 5081 Project Area: Northwest (l(W) Ward(s) : Six (6) Supporting Data Attached: Staff ReDort: Resolutions FUNDING REQUIREMENTS: Amount: *58.500/vear Source: Budget Authority: ----------------- COIIDiasicmlCouncil Notes: KJH:BL:lab:1382A Agenda It_ NO:~ A-D o o o - - o o DBVBLOl'IIBIIr DIP~.... IBQUBST lOR ~SSIOIl/COUIICIL ACTIO. Wells Farao Line of Credit &--"-'!Ilt Paae -2- aee~"ed. IIotfcma Contmued... (C~fty DevelDDBeftt 'C~i..lonl IIISOLUrIOIl OF DB COftw...lft DBVELOPIIDr COMIISSIO. OF DB CITY OF SAIl B~&1mDO, CALIlOUU, IIADlIG FDlDI1IGS AlID wuDllUlftIOIlS AS TO DB 8auur.lz TO DB SOUTIIB&ST .lIWUIIZIlUL PAD: klwsvllLOl'IIBIIr PROJJ:CT AIIIA OF 1JlD)1I:1!T&rnIl; rnnI'I'& TIf IIIDKYIILOl'IIBIIr ACTIVIrDS. (IIavor ..... ('~ - emm..u) 1IIS0L1lTIOIl OF DB IlAYOR AlID COIIIl. COUIICIL OF DB CITY OF SAIl :-nnIIO, CALIlOOU, IIlnIlG nlDI1IGS AlID ~0IlS AS TO DB uunr TO DB SOtmIB.lS'l IlDUS'l'RIlL PAD: _vllLOl'IIBIIr PROJJ:CT AIIIA OF 1JlD)1I:I!T&nJIG rnnI'I'& T1I Dul5vllLOl'IIBIIr ACT.l nT.lI5S . Cr..........fty DeYt!!l"......t C,....f..lonl Thst the c-itJ' Deye10punt c-issiOD authorize 8Jl _1 pQlllent of a 1.5S letter of credit fee to Wells Farao 1lBDk. ---------- ------------ XJH:BL:lab:1382A COBIISSIO. MDTIRG ReetiD& Date: 04/15/1991 o o o ~ ~ L ~ 4- o o DE9BLOHIIIr DBP~J: S1'AFF IIPORr VeIl. ParRa Ltn. of Credi~ A_~~t The firm of Wood-Busing and Associates was directed to assist the Department with the maximizstion of yields the Department can earn on its investment portfolio by wdertalting a review of the cost, risk and rate of return from alternste 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 f1D1ds from the banking commwity 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 II&turity date of Dec_ber 1991. The remaining $6,000,000 is a secured line of credit payable at prime rate minus .50S to be repaid at the Department's terms, with a II&turity date of December 1991, and with collateral of secured interest in cash or cash equivalents of not less than the line commitment. There are no commitment or loan fees, but the Department will maintain the ratio of cash or cash equivalents to the Unsecured Line of Credit Commitment of not less than 1.5 at any time. As collateral, $10,000,000 was approved by the Commission to be invested through Wells Fargo Bank Investment Services. These f1D1ds fwds are tax increment f1D1ds, not bond proceeds, and the f1D1ds will be invested in accordance with the Department's Investment Policy and the agreement negotiated with Wells Fargo. Investment of these fwds with Wells Fargo will meet the requirement that the Department maintain the ratio of cash or cash equivalenta 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 f1D1ds: Central City Projects: Southeast Industrial Park: $ 4,000,000 6.000.000 rotal: $10,000,000 The proposed use of the Line of Credit will be in the amowts of $2,130,000 for the BAB Loan and $3,400,000 for the Portugal and Real Agreement secured by the tax increment from Southeast Industrial Park. KJH:BL:lab:1382A COIIIISSIOR IlEErIRG Beeting Date: 04/15/1991 o o o J. - dIl o o DBVELOl'IIIIlT DlPAaum..a; SUl'F DPOKr Wells Farao L1Ile of Crec1it April 9, 1991 pqe -2- --------- In addition, the propoaed 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 8ame time as the adoption of the amendments to the lines of credit, benefit re80lutions 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 letter8 of credit issued to the Rorthwe8t project area. In addition, Wells Fargo Bank will impose an annual fee in the amount of 1.5% 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 Indu8trial Park for the use of tax increment as collateral. Staff recommends adoption of the attached Resolutions. ..........~~~, ItucutiYe Director lleYelo..ent Deparment KJH:BL:lab:1382A COIMISSIOR IIBBTIRG Beetina Date: 04/15/1991 o o o -I. J- o o 1 2 3 4 5 6 7 It8lll: 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MAYOR 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 AMENDMEN'l' OF CERTAIN LINES OF CREDIT WITH WELLS FARGO BANIC, NATIONAL ASSOCIATION AND AUTHORIZING THE JUCtJTION OF CERTAIN DOCOMENTS IN CONNECTION THEREwITH Action to be Taken: Adopt Resolution. certified copy of Resolution to be returned to Sabe , Green, a PrOfessional Corporation. _1DOCIC51 419/91 07lI0 It o o o o o 1 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 RESOLUTION NO. RESOLUTION OF THE .COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING AN AMENDMEN'1' OF CERTAIN LINES OF CREDIT WITH WELLS FARGO BANX, NATIONAL ASSOCIATION AND AUTHORIZING THE EXECUTION OF CERTAIN DOCUIIENTS IN CONNECTION THEREWITH WHEREAS, the COIIIDuni ty Development COIIIDission of the city of San Bernardino (the -Collllllission-) 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 COllllllunity Redevelopment Law (Part 1 of Division 24) cOllllllencing with Section 33000 of the Health and Safety Code of the State of California (the -Act-); and WHEREAS, pursuant to Health and Safety Code Section 33601 a redevelopment agency may borrow money (by the issuance of bonds or otherwise) or accept financial or other assistance from any private lending institution for any redevelopment project for the purposes of undertaking redevelopment activities; and WHEREAS, pursuant to California Government Code Section 5900 At JI.G., the Agency may issue bonds, as such term is defined in California Government Code Section 5902 (a), and may enter into and undertake similar and related financing transactions as more fully described in Government Code Section 5900 At &19; and /11 11/ - 1 - o o o JI. o o 1 WHEREAS, the Agency has previously taken certain 2 actions with the City of San Bernardino (the .CityW) 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 lQ 11 12 13 14 15 16 17 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 Agency has previously approved the establishment of two (2) lines of credit (the wLines of CreditW) with Wells Fargo Bank, National Association (the wBankW); and WHEREAS, the Agency now deems it desirable to amend the Lines of Credit in order to increase said Lines of Credit by an amount equal to Four Million Dollars ($4,000,000) for the purposes of allowing the Agency to undertake certain redevelopment projects within the Northwest Redevelopment Project Area; and WHEREAS, in connection with the amenclJllent of the Lines of Credit, the Agency shall be required to execute c.artain documents and the Agency 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 o JIiI ! - o o 1 Section 1. The _endlllent of the Lines of eree:!! t as 2 described in the Recitals hereof is hereby approved. 3 4 Section 2. The Agency authorizes the execution of 5 the final form of any documents required in connection with the 6 _endlllent of the Lines of eredit 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 lIay be approved by the Chairman. The execution 10 thereof by the Chairman, the Secretary, or such other appropriate If Agency official shall be deemed to be conclusive as to the 12 approval thereof, by and on behalf of the Agency. 13 III 14 III 15 III 16 III 17 1/1 18 III 19 III 20 1/1 21 1/1 22 III 23 1/1 24 1/1 25 III 26 1/1 27 III 28 1/1 - 3 - 1 RESOLUTION OF '1'HE COMMUNITY DEVELOPMENT COMMISSION OF '1'HE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING AN AMENDMENT OF CERTAIN 2 LINES OF CREDIT WITH WELLS FARGO BANK, RATIONAL ASSOCIATION AND AUTHORIZING THE EXECUTION OF CERTAIN DOCUMENTS 1R CONNECTION 3 THEREWITH 4 Ii 6 7 8 9 10 It 12 13 14 15 16 17 18 19 20 21 22 23 24 Approved as to 25 form and legal content: 26 27 28 o o o a. o o Beet.ion 3. This Resolution ahall take effect upon the elate of its adoption. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Community Development Commi..ion of the City of San Bernarelino at a .eeting thereof, held on the elay of , 1991, by the following vote, to wit: Commillsion MAmh.rs: AID Wi ABSTAIN ESTRADA REILLY FLORES MAUDSLEY MINOR POPE-LUDLAM MILLER - - - - - - - - - Secretary The foregoing resolution i. hereby approved this day of , 1991. W. R. Holcomb, Chairman Community Development Commission of the City of San Bernardino By: Agency Counsel IIIIlO\IIOOJ 1IlOC\451 - 4 - 1 STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) 2 CITY OF SAN BERNARDINO ) 3 4 5 6 7 8 9 10 , 11 J2 J3 14 J5 J6 17 J8 19 20 21 22 23 24 25 26 27 28 o o o o o .. I, Secretary of the COlDllluni ty Development COIDIIIi..ion of the city of San Bernardino, DO HEREBY CERTIFY that the foregoing and attached copy of COIDIIIunity Development COIDIIIi..ion of the City of San Bernardino Re.olution No. i. a full, true and correct copy of that now on file in thi. office. IN WITNESS WHEREOF, I have hereunto .et my hand and affixed the official .eal of the COIDIIIunity Development COlDlllission of the City of San Bernardino this day of , 1991. Secretary of the COlDlllunity Development COIDIIIi..ion of the City of San Bernardino o c o o o 1 2 3 4 5 6 7 8 9 10 . Action to 11 be Taken: 12 13 MAYOR AND COMMON COUNCIL OF '1'HE CITY OF SAN BERNARDINO, CALIFORNIA AGENDA April 15, 1991 Item: RESOLtJ'l'ION OF '1'HE COMMUNITY DEVELOPMEN'l' COMMISSION OF '1'HE CITY OF SAN BERNARDINO, CALIFORNIA, MAKING FINDINGS AND DETERMINATIONS AS TO '1'HE BENEFIT TO '1'HE SOtJ'l'HEAST INDUSTRIAL PARK REDEVELOPM2H'1' PROJECT AREA OF UNDER'l'AICING CERTAIN REDEVELOPM2H'1' ACTIVITIES Adopt Resolution. 14 Certified copy of Resolution to be returned to Sabe , Green, A Profe..ional COrPOration. 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 8 "City"), is a municipal corporation and a charter city duly 9 10 Ii 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLtJ'l'ION NO. RESOLUTION OF mE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, CALIFORNIA, MAKING FINDINGS AND DETERMINATIONS AS TO mE BENEFIT TO THE S01JTHEAST INDUSTRIAL PARK REDEVELOPMENT PROJECT AREA OF mmERTAKING CERTAIN REDEVELOPMENT ACTIVITIES WHEREAS, the City of San Bernardino, California (the created and existinq pursuant to the Constitution and the laws of the State of California (the "City"); and WHEREAS, the cOllllunity Developaent COIUIission of the City of San Bernardino (the "COIUIission") 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 COllllunity Redevelopment Law (Part 1 of Division 24) cOllllencinq 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 qency may, with the consent of the Mayor and COllllon Council of e City ("the Council"), pay all or part of the costs of installation and construction of buildinq, any facility, structure or other improvement which is publicly owned either ithin or without the boundaries of a redevelopment project area if the Council determines: (1) that such bUildinqa, facilities, structures other improv_ents or of benefit are to the - 1 - o o o I o o 1 redevelopment project area or the ~ediate neighborhood in which 2 the project is located, regardle.s of whether such improvement. a are within another project area, or in the case of a project area f 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 .ean. of financinq 7 such buildings, facilities, Structure. or other improvements is 8 available to the cOlllluni ty, and such determination by the Aqency 9 and the Council shall be final and conclusive; and 10 11 12 13 14 15 16 17 18 19 20 21 22 WHEREAS, the Aqency deems it desirable to increase the 23 Lines of Credit and in connection therewith must secure such 24 increase in the Lines of Credit with additional collateral; and 25 26 27 28 WHEREAs, the City and the COIIIIission have previously approved and adopted a Redevelopment Plan for the Southeast Industrial Park Redevelopment Project (the "Redevelopment Plan"); and WHEREAs, the Aqency has previously approved the establishment of certain lines of credit with Wells Farqo Bank, National Association (the "Lines of Credit") one of which is to be secured by collateral from the various redevelopment project areas of the Aqency; and WHEREAS, the Aqency 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 development of a sbopping center and wbicb 2 projects and activities include but are not limited to tbe 3 acquisition, construction and installation of certain public 4 illprov8lllents, and facilities (the "Redevelopment Projects"); and 5 6 WHEREAs, the Agency de81118 it desirable to use revenues 7 attributable to the increase in the Lines of credit to undertake 8 the Redevelopment Projects in the Northwest Redevelopment Project 9 Area but in order to do so the Agency aust obligate certain 10 collateral presently existing and available within the Southeast .~ 11 Industrial Park Redevelopment Project Area for the purposes of 12 securing the increase in the Lines of credit; and 13 14 WHEREAS, the undertaking of the Redevelopment Projects 15 in the Northwe.t Redevelopment Project Area will enable the 16 Agency to fUrther its redevelopment objectives within the entire 17 City and will assist in the overall redevelopment of all of the 18 various project areas of the Agency located within the boundaries 19 of the City; and 20 21 WHEREAS, the Southeast Industrial Park Redevelopment 22 Project Area is presently experienCing demand for commercial and 23 industrial land by land intensive users, wbich land is not 24 eadily available within the Southeast IndUstrial Park Project 25 edevelopment Area; and 26 27 WHEREAS, the undertaking of the Redevelopment Projects 28 ithin the Northwest Redevelopment Project Area will be of - 3 - o o o I 2 :I 4 5 6 7 8 9 10 If 12 13 14 15 16 17 18 19 20 WHEREAS, by providing land which is suitable for 2] evelopment because of the existence of adequate public 22 in alternative locations such as the Northwest 23 edevelopment Project Area, the Agency will be able to 24 ccommodate 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 City; and 28 III o o benefit to the Southeast Industrial Park Redevelopment Project Area to the extent that the Northwest Redevelopment Project Area can accommodate demand for industrial and commercial land which demand cannot be accommodated in the Southeast Industrial Park Redevelopment Project Area because of the lack of available land suitable for the types of users seeking to locate in the Southeast Industrial Park Redevelopment Project Area; and WHEREAS, land which is aore suited for the types of development seeking to locate in the Southeast Industrial Park Redevelopment Project Area is readily available within the Northwest Redevelopment Project Area end such land is more appropriate to accommodate some of the industries and busine.ses otherwise seeking to locate in the Southeast Industrial Park Redevelopment Project Area because of the Northwest Redevelopment Project Area's proximity to freeway and rail facilities and because land costs are considerably le.s expensive for land intensive activities; and - 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 cOllllllercial activities which cannot 4 locate within the Southeast Industrial Park Redevelopment Project 5 Area because of the economics associated with locating in such 6 Project Area and accordingly, such industries are more likely to 7 locate in the Northwest Redevelopment Project Area rather than in 8 areas outside of the City to the extent the Agency is able to 9 rovide adequate public improvements, and facilities within the 10 Orthwest Redevelopment Project Area; and n 12 WHEREAS, because of the interaction between the 13 gency's various project areas, the ability of the Agency to keep 14 ndustrial and cOIIIIIIercial qrowth within any of its project areas 15 s of benefit to all of its project areas; and 16 17 WHEREAS, it is appropriate at this time for the 18 OIIIIIIission 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 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION 25 ON BEHALF OF THE REDEVELOPMENT AGENCY OF THE CITY OF 26 AN BERNARDINO, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND 27 28 III - 5 - o o o j - - -. o o Sec~ion 1. The Recitals bereinabove are true and correct and are incorporated berein by this reference. 1 2 3 4 5 6 7 8 9 10 Ii 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Sec~ion 4. Tbe findings and determinations of the 26 ommission as set forth berein shall be final and conclusive. 27 III 28 II Sec~ion 2. The Commission approves the payment by the Agency of the costs of the Redevelopment Projects to be undertaken within the Northwest Redevelopment Project Area for the reasons set forth and the recitals bereinabove. Section 3. The Commission finds and determines that no other reasonable means of financing the Redevelopment Projects other than through 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 Agency and that the City and the Agency 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 belp improve the economic viability and grOWth potential of the Southeast Industria~ Park Redevelopment Project Area which will in turn belp eliminate ligbt and will provide benefit to the Southeast Industrial edevelopment Project Area. - 6 - o o o - - ~ . . o o 1 Section 5. '!'he Agency Secretary iB hereby 2 authorized and directed to cause this Resolution to he 3 tran_itted to the City in connection with appropriate action hy 4 that body. 5 11/ 6 III 7 11/ 8 III 9 1/1 10 III Ii III 12 III 13 III 14 III 15 III 16 III 17 III 18 III 19 III 20 1/1 21 1/1 22 1/1 23 1/ 24 1/ 25 1/ 26 1/ 27 1/ 28 1/ - 7 - o o o 1 2 3 4 5 6 7 8 dopted by the Community Develop.ent Commission of the City of 9 10 . 11 12 13 14 15 16 17 J8 19 20 21 22 23 24 25 26 27 28 JI UI. . " - o o RESOLUTION OF 'l'BE COMIIUNITY DEVELOPMENT COMMISSION OF CITY OF SAN BERNARDINO KAKING FINDINGS AND DETERMINATIONS AS '1'BE BENEFIT TO THE S01JTHEAST INDUSTRIAL PAlUC REDEVELOPMENT ROJECT AREA OF UNDERTAKING CERTAIN REDEVELOPMENT ACTIVITIES S.ct:.ion 6. This Resolution ahall take effect upon e date of its adoption. I HEREBY CERTIFY that the foregoing Resolution wa. duly an Bernardino at a .eeting ereof, held on the day of , 991, by the following vote, to wit: . . axu DU ABS~,lIN - - Secretary The foregoing resolution is hereby approved this day of , 1991. w. R. Holcomb, Chairman Community Development Commis.ion of the City of San Bernardino pproved as to form and legal content: y: Agency Counsel 11DOCI453 - 8 - I STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) 2 CITY OF SAN BERNARDINO ) 3 4 5 6 7 8 9 10 Ii 12 o o 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o .... ~ . ... . 0 0 .. I, Secretary of the COID1Duni ty Developllent C0ID1D1..ion of the C1 ty of San Bernardino, DO HEREBY CERTIFY that the foregoing and attached copy of CODllllunity Developaent CODlllli..ion of the City of San Bernardino Re.olution No. 1. a full, true and correct copy of that now on file 1n th1. office. IN WITNESS WHEREOF, I have hereunto .et my hand and affixed the official .eal of the COID1Dunity Development COID1Dission of the City of San Bernardino this day of , 1991. Secretary of the Coamunity Development COIIIIIi..ion of the City of San Bernardino o o o 21 22 23 24 25 26 27 28 L - III ~ . 0 0 MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA AGENDA April 15, 1991 It_: . RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, MAKING FINDINGS AND DETERMINATIONS AS TO THE BENEFIT TO THE SOtl'l'HEAST INDUSTRIAL PARK REDEVELOPMENT PROJECT AREA OF UNDERTAKING CERTAIN REDEVELOPMENT ACTIVITIES Adopt Re.olution. Certified copy of Re.olution to be returned to Saba , Green, A Profe..ional Corporation. 1IIIIOIllOO1/452 _1'1116 o 1 2 :I 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 o o JI ~ - o o RESOLV'l'ION NO. RESOLUTION OF mE KAYOR AND COMMON COUNCIL OF mE CITY OF SAN BERNARDINO, CALIFORNIA, MAKING FINDINGS AND DETERMINATIONS AS TO mE BENEFIT TO THE SOUTHEAST INDUSTRIAL PARK REDEVELOPJIENT PROJECT AREA OF UNDERTAKING CERTAIN REDEVELOPJIENT ACTIVITIES WHEREAS, the City of San Bernardino, California (the "City"), is a lIunicipal corporation and a charter city duly created and eXisting purauant to the Constitution and the laws of the State of California (the "City"); and WHEREAS, the Community Development Commisaion of the City of San Bernardino (the "Colllliasion") on behalf of the 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 ursuant to the COllllunity Redevelopllent Law (Part 1 of Division 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 gency lIay, with the consent of the Mayor and COllllon Council of e City ("the Council"), pay all or part of the costs of nstallation and construction of any building, facility, tructure or other illprovement which ia 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 illprovements are of benefit to the - 1 - o o o w -. . 4- o o 1 redevelopment project area or the immediate neiCJhborhooc:t in which 2 the project i. located, reCJardle.. of Whether such improvement. 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 ACJency, and (2) that no other reasonable aeans of financing 7 such buildinCJs, facilities, structures or other improvements is 8 available to the community, and such deteraination by the ACJency 9 and the Council shall be final and conclusive; and lQ . 11 WHEREAS, the City and the Commission have previously 12 approved and adopted a Redevelopment Plan for the Southeast 13 ndustrial Park Rec:levelopment Project (the "Rec:levelopment Plan"); 14 nd 15 16 WHEREAS, the ACJency has previou81y approved the 17 stablishment of certain lines of credit with Wells FarCJo Ba~, 18 ational Association (the "Line. of Credit") one of which is to 19 secured by collateral from the various redevelopment project 20 rea. of the ACJency; and 21 22 WHEREAS, the ACJency deems it de.irable to increase the 23 ine. of Credit and in connection therewith must secure such 24 .ncrease in the Lines of Credit with additional collateral; and 25 26 WHEREAS, the Agency de..s 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 I r.lat.d to the d.v.lopment of a ahopping center and which 2 proj.cts and activiti.s includ. but are not limited to the 3 acquiaition, construction and installation of certain public 4 improvements, and facilities (the -Redev.lopmant Projects-); and 5 6 WHEREAS, the Agency d.... it d.sirabl. to use revenues 7 attributable to the increase in the Lines of Cr.di t to undertake 8 the Redevelopment Projects in the Northwe.t Redevelopment Project 9 Area but in order to do so the Agency must obligate certain IQ collateral pr.sently .xisting and available within the Southeast II Industrial Park Redevelopment Project Area for the purpose. of 12 securing the increase in the Line. of Credit; and 13 14 WHEREAS, the undertaking of the R.d.velopment Project. 15 in the Northw.st Redevelopment Project Ar.a will enable the 16 Agency to further its r.developm.nt obj.ctives within the entire 17 City and will assi.t in the overall redevelopment of all of the 18 various project areas of the Agency located within the boundaries 19 of the City; and 20 21 WHEREAS, the Southeast Industrial Park Redevelopment 22 Project Area is presently .xperiencing demand for commercial and 23 industrial land by land intensive users, which land is not 24 readily available within the South.ast Industrial Park Project 25 Redevelopment Area; and 26 27 WHEREAS, the undertaking of the Redevelopment Projects 28 within the Northwest Redevelopment Project Area will be of - 3 - , o o o I benefit to the Southeast Industrial Park Redevelopment Project 2 Area to the extent that the Northwest Redevelopment Project Area Scan acc01lllllodate demand for industrial and c01lllllercial land which 4 demand cannot be acc01lllllodated 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 o 8 9 WHEREAS, land Which is aore suited for the types of 10 development seekinq to locate in the Southeast Industrial Park Ii Redevelopment Project Area is readily available within the 12 Northwest Redevelopment Project Area end such land is 1I0re 13 appropriate to acc01lllllodate sOlie of the industries and businesses 14 otherwise seeJtinq to locate in the Southell8t 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 o 19 20 WHEREAS, by providinq 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 Aqency will be able to 24 acc01lllllodate 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 1/1 - 4 - o o o It o o 1 WHEREAs, the Northwest Redevelopment Project Area 2 provides a viable alternative location for industries seekinq to 3 undertake industrial and cOlllllercial activities who cannot locate 4 within the Southeast Industrial Park Redevelopment Project Area 5 because of the economics associated with locatinq in such Project 6 Area and accordinqly, such industries are _ore likely to locate 7 in the Northwest Redevelopment Project Area rather than in areas 8 outside of the City to the extent the Aqency is able to provide 9 adequate pUblic improv_ents, and facilities within the Northwest 19 Redevelopment Project Area; and 11 12 13 14 15 16 17 18 19 20 21 22 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 III WHEREAs, because of the interaction between the Aqency's various project areas, the ability of the Aqency to keep industrial and cOlllllercial qroWth within any of its project areas is of benefit to all of its project areas; and WHEREAS, it is appropriate at this ti_e for the Council to make certain findinqs and determinations and take certain action with respect to the acquisition, installation and construction of the public improv_ents and the undertakinq of the various Redevelopment Projects in the Northwest Redevelopment Project Area. - 5 - o o o 11 o o I Section 1. '!'he Recitals bereinaJ:love are true and 2 correct and are incorporated berein by this reference. 3 4 5 6 7 8 9 lIecUon 3. '!'he Council further finds and determines IQ that no other reasonable .eans of financinq the Redevelopment . 11 Projects other than tbrouqb use of revenues available tbrouqb the 12 increase in the Lines of Credit, supported by collateral from the 13 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 belp improve the economic 20 Viability and qrowtb potential of the Southeast Industria~ Park 21 Redevelopment Project Area which will in turn help eliminate 22 bliqht and will provide benefit to the Southeast Industrial 23 Redevelopment Project Area. 24 25 26 27 III 28 III Section 2. '!'he 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 bereinaJ:love. Section 4. '!'he findinqs and determinations of the Council as set forth berein shall be final and conclusive. - 6 - . o o 0 1 Sect:.ion !5. '1'he City Clerk 1s bereby 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 III 15 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 - I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO MAXING FINDINGS AND DE'l.i:KllINATIONS AS TO THE 2 BENEFIT TO THE SOVTHEAST INDUSTRIAL PARK REDEVELOPMENT PROJECT AREA OF UNDERTAKING CERTAIN REDEVELOPMENT ACTIVITIES 3 4 5 6 7 8 9 IQ Ii 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o o o .. o .0 Saetion 6. This Resolution sball take effect upon the date of its adoption. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Hayor aneS COIIIIIIon Council of the City of San BernareSino at a .eeting thereof, beld on the day of , 1991, by the following vote, to wit: AYES: Council Members NAYS: ABSENT: City Clerk Tbe foregoing resolution is bereby approved this eSay of , 1991. Hayor of the City of San BernareSino Approved as to form and JAMES F. PENMAN City Attorney legal content: By: 1IIIlOOlIOI\IIOC\f52 - 8 - 1 STATE OF CALIFORNIA ) COtlN'l'Y OF SAN 8ERNARDINO ) 2 CITY OF SAN BERNARDINO ) 3 .. 5 6 7 8 9 10 11 12 18 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o o o .. o o .. I, City Clerk of the City of San Bernardino, DO HEREBY CERTIFY that the for89oing and attached copy of Mayor and COIIIDon Council of the City of San Bernardino Re.olution No. i. a full, true and correct copy of that now on file in thi. office. IN WITNESS WHEREoF, I have bereunto .et ay band and affixed the official .eal of the Mayor and COIIIDon Council of the City of. San Bernardino this day of , 1991. City Clerk' City of San Bernardino