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Home My WebLink About2008-319 1 2 3 4 5 6 7 8 RESOLUTION NO. 2008-319 RESOLUTION OF TIlE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING TIlE FUNDING OF VARIOUS CITY OF SAN BERNARDINO FISCAL YEAR 2008-2009 PUBLIC IMPROVEMENT EXPENDITURES AND MAKING FINDINGS AND DETERMINATIONS AS TO THE BENEFIT TO TIlE VARIOUS REDEVELOPMENT PROJECT AREAS FOR UNDERTAKING PUBLIC IMPROVEMENTS IN CONNECTION WITH TIlESE VARIOUS CITY EXPENDITURES WHEREAS, the City of San Bernardino, California (the "City"), is a municipal corporation 9 and a charter city duly created and existing pursuant to the Constitution and the laws of the State 0 10 California; and 11 WHEREAS, the Community Development Commission of the City of San Bernardino (the 12 "Commission") on behalf of the Redevelopment Agency of the City of San Bernardino (the 13 "Agency"), is a redevelopment agency, a public body, corporate and politic of the State of 14 California, organized and existing pursuant to the Community Redevelopment Law (Part 1 of Division 24 commencing with Section 33000) of the Health and Safety Code of the State 0 15 California (the "Act"); and 16 17 WHEREAS, pursuant to Section 33445 of the Act, the Agency may, with the consent of the 18 Mayor and Common Council of the City (the "Council"), pay all or a part of the cost of installation 19 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: 20 (1) that such buildings, facilities, structures or other improvements are of benefit to the 21 redevelopment project area or the immediate neighborhood in which the project is located, 22 23 regardless of whether such improvement is within another project area, or in the case of the project area in which substantially all the land is publicly owned, that the improvement is of benefit to an 24 adjacent project area of the Agency; (2) that no other reasonable means of financing such buildings, 25 facilities, structures or other improvements is available to the community, and such determination 26 27 by the Commission and the Council shall be final 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 28 1 P:\Ageadas\Resolutioll3\ResoJutions\2008\07-07.()8 EDA Budget AdopUonFY OS..09 Reso D (Con't).doc 2008-319 1 (1) or more blighted conditions inside the project area; and 2 WHEREAS, the Council and the Commission have previously approved and adopted 3 Redevelopment Plans (collectively, hereinafter referred to as the "Redevelopment Plans") for 4 various redevelopment project areas within the City, which project areas include: State College, 5 Central City North, Southeast Industrial Park, Northwest, Tri City, and Central City Merged 6 Redevelopment Project Areas; and 7 WHEREAS, it is in the interest of the present landowners within the various project areas 8 subject to the Redevelopment Plans (the "Project Areas") and the residents, both within the Project 9 Areas and within the City generally, that the Agency cause the funding of certain improvements 10 consisting of: (1) the Agency payment of the COP debt service payment for the Central Police 11 Department building ($493,700) within the Central City North Redevelopment Project Area; (2) 12 payment of certain security costs in the form of contractual committed police officers related to the 13 Carousel Mall ($267,100) within the Central City Merged Redevelopment Project Area; (3) 14 elimination of all rent payments to the Agency otherwise due and payable from the City for those 15 City Departments that are tenants in the Agency owned building located at 201 North "E" Street 16 ($197,200) within the Central City Merged Redevelopment Project Area; (4) the Agency payment 17 of the Central Library Lease Revenue debt service payment ($657,000) for the Central Library 18 located within the Central City North Redevelopment Project Area; (5) the Agency payment of the 19 Carousel Mall janitorial ($350,000) within the Central City Merged Redevelopment Project Area; 20 and, (6) the Agency payment of the Carousel Mall security ($337,500) within the Central City 21 Merged Redevelopment Project Area (collectively, referred to herein as the "City Funded 22 Improvements"); and 23 WHEREAS, the Central Police Department building, the Carousel Mall, the Agency owned 24 201 North "E" Street building, wherein certain City Departments are tenants including the Code 25 Enforcement Department and the Parks and Recreation Department, and the Central Library are 26 centrally located facilities servicing all residents of the City with various City functions, and retail, 27 business and commercial functions, which includes servicing the residents, workers and business 28 owners within the State College, the Northwest, the Tri City, and the Southeast Industrial Park 2 P:\Agendas\Resolutions\Resolutions\2OO8\07.()7~8 EDA Budget Adoption FY 0&-09 Re80 D (Con'I).doc 2008-319 1 Redevelopment Project Areas (collectively, referred to herein as the "Benefited Project Areas"); and 2 WHEREAS, each of the aforementioned Benefited Project Areas are generally contiguous or 3 in proximity to the Central City Merged Redevelopment Project Area and the Central City North 4 Redevelopment Project Area, and the Central City Merged Redevelopment Project Area and the 5 Central City North Redevelopment Project Area serve the commercial, retail, City services and 6 other community needs of each of the Benefited Project Areas as to those functions that cannot be 7 provided separately within each of the Benefited Project Areas; and 8 WHEREAS, the Project Areas are suffering from stagnant property values and impaired 9 investments, and in order to promote the City's health, safety and welfare, it is important that the 10 Agency fund the costs of the aforementioned City Funded Improvements; and 11 WHEREAS, in connection with the funding of the City Funded Improvements, it is proposed 12 that the Agency shall utilize revenues attributable to the Benefited Project Areas as follows: (I) 13 State College Redevelopment Project Area ($714,000); (2) Southeast Industrial Park 14 Redevelopment Project Area ($1,174,000); (3) Tri City Redevelopment Project Area ($184,000); 15 and, (4) Northwest Redevelopment Project Area ($230,500); and 16 WHEREAS, it is appropriate at this time for the Council to make certain findings and 17 determinations and take certain actions and grant a certain consent with respect to the Agency's 18 funding of the City Funded Improvements. 19 NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND ORDERED BY 20 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, AS 21 FOLLOWS: 22 Section 1. The Recitals hereinabove are true and correct and are incorporated herein by 23 this reference. 24 Section 2. The Council hereby consents to the payment by the Agency of the City 25 Funded Improvements in order to ensure the economic enhancements and stability of the Benefited 26 Project Areas and other neighborhoods with the City for the reasons set forth in the Recitals 27 hereinabove. The Council also finds and determines that no other reasonable means of financing the 28 City Funded Improvements is presently available to the Agency and the City, and the Agency 3 P:\Ageodas\Resolutions\Resolutions\2008\07-07...()! EDABudget Adoption FY 08-09 Reso D (Con't).doc 2008-319 1 requires the use of revenues generated from the Benefited Project Areas, and the Council further 2 fmds that the funding of the City Funded Improvements will enhance viability in the Benefited 3 Project Areas thereby eliminating existing blighted conditions in the Benefited Project Areas, 4 provide the residents, workers and businesses with City services, and retail, business, commercial 5 and other community services from within the Central City Merged Redevelopment Project Area 6 and the Central City North Redevelopment Project Area to the Benefited Project Areas and the 7 residents and businesses located therein and is consistent with the Implementation Plan adopted 8 pursuant to Section 33490 of the Act. 9 Section 3. The City Clerk is hereby authorized and directed to cause this Resolution to 10 be transmitted to the Agency for consideration in connection with appropriate action by that body. 11 The findings and determinations herein shall be fmal and conclusive. This Section 4. 12 Resolution shall become effective immediately upon its adoption. 13 II 14 II 15 II 16 II 17 II 18 II 19 II 20 II 21 II 22 II 23 II 24 II 25 II 26 II 27 II 28 II 4 P:\Ageodas\Resolutions\Rtsolutions\2008\07-07-08 EDA Budget Adoption FY 08-09 Reso D (Con't).doc 1 2 3 4 5 6 7 8 9 2008-319 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE FUNDING OF VARIOUS CITY OF SAN BERNARDINO FISCAL YEAR 2008-2009 PUBLIC IMPROVEMENT EXPENDITURES AND MAKING FINDINGS AND DETERMINATIONS AS TO THE BENEFIT TO THE VARIOUS REDEVELOPMENT PROJECT AREAS FOR UNDERTAKING PUBLIC IMPROVEMENTS IN CONNECTION WITH THESE VARIOUS CITY EXPENDITURES I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a joint adj ourned regular meeting thereof, held on the 6th day of August , 2008, by the following vote to wit: Council Members: Ayes Navs X Abstain Absent 10 ESTRADA 11 BAXTER 12 BRINKER 13 DERRY 14 KELLEY 15 JOHNSON 16 MC CAMMACK 17 The foregoing Resolution is hereby approved this 7 no' day of Augus t 20 21 22 23 24 Approved as to Form: 18 19 25 26 27 28 X X -L -X- X X ~..Adh. ~ Rachel G. Clark, City Clerk .2008. 5 P:\AgendasIR.esoIutioI1S\Resolutions\2008\07..07-oS EDABudget Adoption FY 08-09 Reso 0 (Con't).doc