HomeMy WebLinkAbout2009-117
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. (NOTE: COMPANION RESOLUTION CDC/2009-18)
RESOLUTION NO. 2009-117
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO CONSENTING TO THE FUNDING OF
AMENDMENT NO. 1 TO THE AGREEMENT FOR PROFESSIONAL
SERVICES BY AND BETWEEN THE REDEVELOPMENT AGENCY OF
THE CITY OF SAN BERNARDINO ("AGENCY") AND WILLDAN
ENGINEERING FOR SANITARY SEWER LINE RELOCATION DESIGN
AND CONSTRUCTION MANAGEMENT FOR THE STATE COURTHOUSE
PROJECT AND MAKING CERTAIN FINDINGS AND DETERMINATIONS
PURSUANT TO HEALTH & SAFETY CODE SECTION 33445 AS TO THE
BENEFIT TO THE SOUTHEAST INDUSTRIAL PARK REDEVELOPMENT
PROJECT AREA FOR UNDERTAKING OF THE DESIGN AND
CONSTRUCTION MANAGEMENT OF THE PUBLIC IMPROVEMENT
(CENTRAL CITY EAST REDEVELOPMENT PROJECT AREA)
WHEREAS, the City of San Bernardino, California (the "City"), is a municipal corporation
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and a charter city duly created and existing pursuant to the Constitution and the laws of the State of
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California; and
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WHEREAS. the Community Development Commission of the City of San Bernardino (the
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"Commission") acting on behalf of the Redevelopment Agency of the City of San Bernardino (the
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"Agency"), is a redevelopment agency. a public body, corporate and politic of the State of
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California, organized and existing pursuant to the California Community Redevelopment Law (Part
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I of Division 24 commencing with Section 33000) of the Health and Safety Code of the State of
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California (the "Act"); and
WHEREAS. pursuant to Section 33445 of the Act, the Agency may, with the consent of the
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Mayor and Common Council of the City of San Bernardino (the "Council"), pay all or a part of the
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cost of installation and construction of any building, facility, structurc or other improvement which
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is publicly owned either within or without the boundaries of a redevclopment project area if the
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Council determines: (1) that such buildings. facilities, structurcs or other improvements are of
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benefit to the redevelopment project area or the immediate neighborhood in which the project is
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located, regardless of whcther such improvement is within another project area, or in the case of the
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project area in which substantially all the land is publicly owned. that the improvement is of benefit
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to an adjacent project area of the Agency; (2) that no other reasonable means of financing such
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buildings, facilities, structures or other improvements is available to the community, and such
P\Agenda.l\Re,oluliol1,\200'lO'i-U4-09 Wilklan Anlcndmcnt r\o I ~KC Rc,o.doc
2009-11 7
1 determination by the Commission and the Council shall be final and conclusive; and, (3) that the
2 payment of funds for the cost of the facilities, structures or other improvements will assist in the
3 elimination of one (1) or more blighted conditions inside the project area; and
4 WHEREAS, the Council and the Commission have previously approved and adopted the
5 Redevelopment Plan for the Central City East Redevelopment Project Area (hereinafter referred to
6 as the "Redevelopment Plan"); and
7 WHEREAS, it is in the interest of the present landowners within the project area subject to
8 the Redevelopment Plan (the "Project Area") and the residents. both within the Project Area and
9 within the City generally, that the Agency cause the funding of Amendment No. I to the Willdan
10 Engineering Services Agreement ("Amendment No. I") for the engineering design and construction
11 management of the relocation of the sanitary sewer line that traverses across the Agency owned
12 property at 247 West Third Street (the "Property") within the Central City East Redevelopment
13 ProjectArea;and
14 WHEREAS, the Agency owned Property is in escrow by and between the Agency and the
15 State Administrative Office ofthe Courts (the "AOC") for the purpose of constructing a multi-story
16 Courthouse; and
17 WHEREAS, the sales agreement between the Agency and the AOC calls for the removal of
18 the existing sanitary sewer and storm drain located on the Property; and
19 WHEREAS. the new Courthouse facility will serve all residents of the City and within
20 redevelopment areas, and in particular the Project Area due to the fact that many of the individuals
21 who will conduct business at the new Courthouse maintain office locations within the Southeast
22 Industrial Park Redevelopment Project Area; and
23 WHEREAS, approximately 400 jobs will be created with the completion of the new
24 Courthouse; and
25 WHEREAS, the sanitary sewer relocation, when completed will allow the AOC to construct
26 the new Courthouse which will have a positive economic impact on various City, retail. business,
27 and commercial functions, which service the residents, workers, and business owners within the
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P:\Agendas\Resolulions\1009'05-04-09 Willdan Amendment No I MeC Reso_dlx: 2
2009-117
1 Central City East and the Southeast Industrial Park Redevelopment Project Areas (the Southeast
2 Industrial Park is herein referred to herein as the "Benefited Project Area"); and
3 WHEREAS, the aforementioned Benefited Project Area is generally contiguous or III
4 proximity to the Central City East Redevelopment Project Area and serves commercial, retail, and
5 other community needs of the Benefited Project Area as to those functions that cannot be provided
6 separately within the Benefited Project Area; and
7 WHEREAS, the Project Area is suffering from stagnant property values and impaired
8 investments, and in order to promote the City's health, safety and welfare, it is important that the
9 Agency fund the costs of the aforementioned sanitary sewer and storm drain relocation engineering
10 design and construction management; and
11 WHEREAS, in connection with the funding of the sanitary sewer and storm drain relocation
12 engineering design and construction management, it is proposed that the Agency shall utilize
13 revenues attributable to the Benefited Project Area in an amount of $212,277.
14 NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND ORDERED BY
15 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, AS
16 FOLLOWS:
17 Section 1. The Recitals hereinabove are true and correct and are incorporated herein by
18 this reference.
19 Section 2. The Council hereby consents to the payment by the Agency of those costs
20 required by Amendment No. I in order to ensure the economic enhancements and stability of the
21 Benefited Project Area and other neighborhoods with the City for the reasons set forth in the
22 Recitals hereinabove. The Council also finds and determines that: (1) the buildings, facilities,
23 structures, or other improvements are of benefit to the project area or the immediate neighborhood
24 in which the project is located. regardless of whether the improvement is within another project
25 area, or in the case of a project area in which substantially all of the land is publicly owned that the
26 improvement is of benefit to an adjacent project area of the agency; (2) no other reasonable means
27 of financing the buildings, facilities, structures, or other improvements, are available to the
28 community; and (3) the payment of funds for the acquisition of land or the cost of buildings,
P;lAgendas\Ro:solutions\2009'05~04-09 Willdan Amendmenl No I MeT ReS<.ldoc 3
2009-117
1 facilities, structures, or other improvements will assist in the elimination of one or more blighting
2 conditions inside the project area or provide housing for low- or moderate-income persons, and is
3 consistent with the implementation plan adopted pursuant to Section 33490.
4 Section 3. The findings and determinations herein shall be final and conclusive. This
5 Resolution shall take effect upon its adoption and execution in the manner as required by the City
6 Charter.
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2009-117
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CiTY
OF SAN BERNARDINO CONSENTING TO THE FUNDING OF
AMENDMENT NO. 1 TO THE AGREEMENT FOR PROFESSIONAL
SERVICES BY AND BETWEEN THE REDEVELOPMENT AGENCY OF
THE CITY OF SAN BERNARDINO ("AGENCY") AND WILLDAN
. ENGINEERING FOR SANITARY SEWER LINE RELOCATION DESIGN
AND CONSTRUCTION MANAGEMENT FOR THE STATE COURTHOUSE
PROJECT AND MAKING CERTAIN FINDINGS AND DETERMINATIONS
PURSUANT TO HEALTH & SAFETY CODE SECTION 33445 AS TO THE
. BENEFIT TO THE SOUTHEAST INDUSTRIAL PARK REDEVELOPMENT
PROJECT AREA FOR UNDERTAKING OF THE DESIGN AND
CONSTRUCTION MANAGEMENT OF THE PUBLIC IMPROVEMENT
(CENTRAL CITY EAST REDEVELOPMENT PROJECT AREA)
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
10 Common Council of the City of San Bernardino at a j oint regular
11 held on the 4th day of May 2009, by the following vote to wit:
meeting thereof,
12 Council Members:
13 ESTRADA
14 BAXTER
15 BRINKER
16 SHORETT
17 KELLEY
18 JOHNSON
19 MC CAMMACK
Abstain
Absent
Ayes Nays
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X
x
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The foregoing Resolution is hereby approved this $;';t day of
Mav
.2009.
26 Approved as to Form:
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