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(Note: Companion Resolutions CDC/2008-23 & 2008-256)
RESOLUTION NO. CDC12008-24
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE
FUNDING OF VARIOUS CITY OF SAN BERNARDINO FISCAL YEAR 2007-
2008 PUBLIC IMPROVEMENT EXPENDITURES AND MAKING FINDINGS
AND DETERMINATIONS AS TO THE BENEFIT TO THE VARIOUS
REDEVELOPMENT PROJECT AREAS FOR UNDERTAKING PUBLIC
IMPROVEMENTS THROUGH PRIOR CITY EXPENDITURES
WHEREAS, the City of San Bernardino, California (the "City"), is a municipal corporation
8 and a charter city duly created and existing pursuant to the Constitution and the laws of the State 0
9 California; and
10 WHEREAS, the Community Development Commission of the City of San Bernardino (the
11 "Commission") on behalf of the Redevelopment Agency of the City of San Bernardino (the
12 "Agency"), is a redevelopment agency, a public body, corporate and politic of the State of
13 California, organized and existing pursuant to the Community Redevelopment Law (part 1 of
14 Division 24 commencing with Section 33000) of the Health and Safety Code of the State of
15 California (the "Act"); and
16 WHEREAS, pursuant to Section 33445 of the Act, the Agency may, with the consent of the
17 Mayor and Common Council of the City (the "Council"), pay all or a part of the cost of installation
18 and construction of any building, facility, structure or other improvement which is publicly owned
19 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 regardless of whether such improvement is within another project area, or in the case of the project
23 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 offmancing such buildings,
25 facilities, structures or other improvements is available to the community, and such determination
26 by the Commission and the Council shall be final and conclusive; and, (3) that the payment of funds
27 for the cost of the facilities, structures or other improvements will assist in the elimination of one
28 (1) or more blighted conditions inside the project area; and
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1 WHEREAS, the Council and the Commission have previously approved and adopted
2 Redevelopment Plans (collectively, hereinafter referred to as the "Redevelopment Plans") for
3 various redevelopment project areas within the City, which project areas include: State College,
4 Central City North, Southeast Industrial Park, Northwest, Tri City, and Central City Merged
5 Redevelopment Project Areas; and
6 WHEREAS, it is in the interest of the present landowners within the various project areas
7 subject to the Redevelopment Plans (the "Project Areas") and the residents, both within the Project
8 Areas and within the City generally, that the Agency cause the funding of certain improvements
9 consisting of: (1) the Agency payment of the COP debt service payment for the Central Police
10 Department building ($493,100) within the Central City North Redevelopment Project Area; (2)
11 payment of certain security costs in the form of contractual committed police officers related to the
12 Carousel Mall ($267,100) within the Central City Merged Redevelopment Project Area; (3)
13 elimination of all rent payments to the Agency otherwise due and payable from the City for those
14 City Departments that are tenants in the Agency owned building located at 201 North "E" Street
15 ($162,900) within the Central City Merged Redevelopment Project Area; and, (4) the Agency
16 payment of the Central Library Lease Revenue debt service payment ($657,000) for the Central
17 Library located within the Central City North Redevelopment Project Area (collectively, referred to
18 herein as the "City Funded Improvements"); and
19 WHEREAS, the Central Police Department building, the Carousel Mall, the Agency owned
20 201 North "E" Street building, wherein certain City Departments are tenants including the Code
21 Enforcement Department and the Parks and Recreation Department, and the Central Library are
22 centrally located facilities servicing all residents of the City with various City functions, and retail,
23 business and commercial functions, which includes servicing the residents, workers and business
24 owners within the State College, the Northwest, the Tri City, and the Southeast Industrial Park
25 Redevelopment Project Areas (collectively, referred to herein as the "Benefited Project Areas"); and
26 WHEREAS, each of the aforementioned Benefited Project Areas are generally contiguous or
27 in close proximity to the Central City Merged Redevelopment Project Area and the Central City
28 North Redevelopment Project Area, and the Central City Merged Redevelopment Project Area and
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1 the Central City North Redevelopment Project Area serve the commercial, retail, City services and
2 other community needs of each of the Benefited Project Areas as to those functions that cannot be
3 provided separately within each of the Benefited Project Areas; and
4 WHEREAS, the Project Areas are suffering from stagnant property values and impaired
5 investments, and in order to promote the City's health, safety and welfare, it is important that the
6 Agency fund the costs of the aforementioned City Funded Improvements; and
7 WHEREAS, in connection with the funding of the City Funded Improvements, it is proposed
8 that the Agency shall utilize revenues attributable to the Benefited Project Areas as follows: (1)
9 State College Redevelopment Project Area ($640,000); (2) Southeast Industrial Park
10 Redevelopment Project Area ($640,000); (3) Tri City Redevelopment Project Area ($150,050); and,
11 (4) Northwest Redevelopment Project Area ($150,050); and
12 WHEREAS, it is appropriate at this time for the Commission to make certain findings and
13 determinations and take certain actions with respect to the Agency's funding of the City Funded
14 Improvements.
15 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE
16 CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS
17 FOLLOWS:
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Section 1.
The Recitals hereinabove are true and correct and are incorporated herein by
19 this reference.
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Section 2.
The Commission hereby approves the payment by the Agency of the City
21 Funded Improvements in order to ensure the economic enhancements and stability of the Benefited
22 Project Areas and other neighborhoods with the City for the reasons set forth in the Recitals
23 hereinabove. The Commission also fmds and determines that no other reasonable means of
24 financing the City Funded Improvements is presently available to the Agency and the City, and the
25 Agency requires the use of revenues generated from the Benefited Project Areas, and the
26 Commission further fmds that the funding of the City Funded Improvements will enhance the
27 viability in the Benefited Project Areas thereby eliminating existing blighted conditions in the
28 Benefited Project Areas, provide the residents, workers and businesses with City services, and retail,
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1 business, commercial and other community services from within the Central City Merged
2 Redevelopment Project Area and the Central City North Redevelopment Project Area to the
3 Benefited Project Areas and the residents and businesses located therein and is consistent with the
4 Implementation Plan adopted pursuant to Section 33490 of the Act.
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The Agency Secretary is hereby authorized and directed to cause this
Section 3.
6 Resolution to be transmitted to the City for consideration in connection with appropriate action by
7 that body.
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The fmdings and determinations herein shall be final and conclusive. This
Section 4.
9 Resolution shall become effective immediately upon its adoption.
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RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE
FUNDING OF VARIOUS CITY OF SAN BERNARDINO FISCAL YEAR 2007-
2008 PUBLIC IMPROVEMENT EXPENDITURES AND MAKING FINDINGS
AND DETERMINATIONS AS TO THE BENEFIT TO THE VARIOUS
REDEVELOPMENT PROJECT AREAS FOR UNDERTAKING PUBLIC
IMPROVEMENTS THROUGH PRIOR CITY EXPENDITURES
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6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community
7 Development Commission of the City of San Bernardino at a joint adjourned
meeting
8 thereof, held on the 30th day of June , 2008, by the following vote to wit:
9 Commission Members: Aves Navs Abstain Absent
10 ESTRADA x
11 BAXTER ~
BRINKER x
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DERRY x
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KELLEY x
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JOHNSON x
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MC CAMMACK --X...-
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19 The foregoing Resolution is hereby approved this cR".e day of
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July
,2008.
Esther Estrada, Vice Chairperson
Community Development Commission
of the City of San Bernardino
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24 Approved as to Form:
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By: \ (~~
26 ~ Agency Co 1
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