HomeMy WebLinkAbout2010-218
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(NOTE: COMPANION RESOLUTION CDC/2010-35)
RESOLUTION NO.
2010-218
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 2010-2011 PUBLIC
IMPROVEMENT EXPENDITURES AND MAKING FINDINGS AND
DETERMINATIONS PURSUANT TO HEALTH & SAFETY CODE
SECTIONS 33445 AND 33445.1 AS TO THE BENEFIT TO THE VARIOUS
REDEVELOPMENT PROJECT AREAS FOR UNDERTAKING PUBLIC
IMPROVEMENTS IN CONNECTION WITH THESE 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 of
10 California; and
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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
15 Division 24 commencing with Section 33000) of the Health and Safety Code of the State of
16 California (the "Act"); and
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WHEREAS, pursuant to Section 33445.1 of the Act, the Agency may, with the consent of
18 the Mayor and Common Council of the City (the "Council"), pay all or a part of the cost of
19 installation and construction of any building, facility, structure or other improvement which is
20 publicly owned outside the boundaries of and not contiguous to a redevelopment project area if the
21 Council determines: (1) that such buildings, facilities, structures or other improvements are of
22 primary benefit to the redevelopment project area or the immediate neighborhood in which the
23 project is located, regardless of whether such improvement is within another project area; (2) that no
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other reasonable means of financing such buildings, facilities, structures or other improvements is
25 available to the community, and such determination by the Commission and the Council shall be
26 final and conclusive; (3) that the payment of funds for the cost of the facilities, structures or other
27 improvements will assist in the elimination of one (1) or more blighted conditions inside the project
28 area; (4) that the payment of funds for the cost of the buildings, facilities, structures or other
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2010-218
1 improvements is consistent with the implementation plan adopted pursuant to Health and Safety
2 Code Section 33490; and (5) that the installation of each building, facility, structure, or
3 improvement is provided for in the redevelopment plan; and
4 WHEREAS, pursuant to Section 33445 of the Act, the Agency may, with the consent of the
5 Mayor and Common Council of the City (the "Council"), pay all or a part ofthe cost of installation
6 and construction of any building, facility, structure or other improvement which is publicly owned
7 within the boundaries or contiguous to a redevelopment project area if the Council determines: (1)
8 that the installation or construction of the buildings, facilities, structures or other improvements is of
9 benefit to the project area by helping to eliminate blight within the project area; (2) that no other
10 reasonable means of financing such buildings, facilities, structures, or other improvements that are
11 publicly owned, are available to the community and such determination by the Commission and the
12 Council shall be final and conclusive; and (3) that the payment of funds for the cost of such
13 facilities, structures or other improvements will assist in the elimination of one (1) or more blighted
14 conditions inside the project area; and
15 WHEREAS, the Council and the Commission have previously approved and adopted
16 Redevelopment Plans (collectively hereinafter referred to as the "Redevelopment Plans") for various
17 redevelopment project areas within the City, which project areas include: Uptown Project Area, Tri-
18 City Project Area, State College Project Area, Central City North Project Area, Southeast Industrial
19 Park Project Area, Northwest Project Area, and Central City Merged Project Area; and
20 WHEREAS, it is in the interests of the present landowners within the Central City North
21 Redevelopment Plan (the "Project Area") and the residents, both within the Project Area and within
22 the City generally, that the Agency cause the funding of certain improvements consisting of: (1) the
23 Agency payment of the COP debt service payment for the Central Police Department Building
24 ($490,000) within the Project Area pursuant to Section 33445 of the Act for the Uptown Project
25 Area and pursuant to Section 33445.1 of the Act for the Tri-City Project Area, Southeast Park
26 Project Area and the Northwest Project Area; and (2) the Agency payment of the Central Library
27 Lease Revenue debt service payment ($690,000) for the Central Library located within the Project
28 Area pursuant to Section 33445 of the Act for the Uptown Project Area and pursuant to Section
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1 33445.1 of the Act for the Tri-City Project Area, Southeast Park Project Area and the Northwest
2 Project Area (collectively referred to herein as the "City Funded Improvements"); and
3 WHEREAS, the Central Police Department Building and the Central Library are centrally
4 located facilities servicing residents, workers and business owners within all of the City's
5 Redevelopment Project Areas and in particular the Tri-City Project Area, the Northwest Project
6 Area, the Uptown Project Area and the Southeast Industrial Park Project Area (collectively referred
7 to herein as the "Benefited Project Areas")by providing various City functions which are in support
8 of, and will have a positive economic and social impact on, various City, retail, business and
9 commercial functions; and
10 WHEREAS, each of the aforementioned Benefited Project Areas are in proximity or
11 contiguous to the Project Area, and the Project Area serves the commercial, retail, City services and
12 other community needs of each of the Benefited Project Areas as to those functions that cannot be
13 provided separately within each ofthe Benefited Project Areas; and
14 WHEREAS, the Project Area is suffering from stagnant property values and impaired
15 investments, and in order to promote the health, safety and welfare of the Project Area and the
16 entire City, it is important that the Agency fund the costs of the aforementioned City Funded
17 Improvements; and
18 WHEREAS, in connection with the funding of the City Funded Improvements, it is proposed
19 that the Agency shall utilize revenues attributable to the Benefited Project Areas equally; and
20 WHEREAS, it is appropriate at this time for the Mayor and Common Council to make
21 certain findings and determinations and take certain actions with respect to the Agency's funding of
22 the City Funded Improvements.
23 NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
24 BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS FOLLOWS:
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Section 1.
The Recitals hereinabove are true and correct and are incorporated herein by
26 this reference.
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Section 2.
The Mayor and Common Council hereby approve and consent to the payment
28 by the Agency of the City Funded Improvements in order to ensure the economic enhancements and
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1 stability of the Benefited Project Areas and other neighborhoods within the City for the reasons set
2 forth in the Recitals hereinabove. The Mayor and Common Council also find and determine that
3 pursuant to Section 33445 of the Act for the Uptown Project Area and pursuant to Section 33445.1
4 of the Act for the Tri-City Project Area, Southeast Park Project Area and the Northwest Project Area
5 no other reasonable means of financing the City Funded Improvements is presently available to the
6 Agency and the City and the Agency requires the use of revenues generated from the Benefited
7 Project Areas. The Mayor and Common Council further find that pursuant to Section 33445 of the
8 Act for the Uptown Project Area and pursuant to Section 33445.1 of the Act for the Tri-City Project
9 Area, Southeast Park Project Area and the Northwest Project Area the funding of the City Funded
10 Improvements will enhance the viability in the Benefited Project Areas thereby eliminating existing
11 blighted conditions in the Benefited Project Areas, provide its residents, workers and businesses
12 with necessary City services, and retail, business, commercial and other community services from
13 within the Project Area. The Mayor and Common Council hereby consent to and approve the
14 expenditures by the Agency from those Benefited Project Areas in the dollar amounts set forth in
15 the recitals to undertake the City Funded Improvements.
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Section 3.
The City Clerk is hereby authorized and directed to cause this Resolution to
17 be transmitted to the Agency for consideration in connection with appropriate action by that body.
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Section 4.
The findings and determinations herein shall be final and conclusive. The
19 Resolution shall become effective immediately upon its adoption.
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2010-218
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 2010-2011 PUBLIC
IMPROVEMENT EXPENDITURES AND MAKING FINDINGS AND
DETERMINATIONS PURSUANT TO HEALTH & SAFETY CODE
SECTIONS 33445 AND 33445.1 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
8 Common Council of the City of San Bernardino at a joint adj ourned regular meeting thereof,
9 held on the 30th day of June ,2010, by the following vote to wit:
10 Council Members: Aves Nays Abstain Absent
11 MARQUEZ X
12 DESJARDINS X
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13 BRINKER X
14 SHORETT X
15 KELLEY X
16 JOHNSON x
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17 MC CAMMACK X
18 a~ tJ. ~
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City tlerk
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21 The foregoing Resolution is hereby approved this 7/)/ day of
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27 By:
ttorney
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July
,2010.
J. Morris,
ity of San Bernardino
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