HomeMy WebLinkAbout2011-093
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(NOTE: COMPANION RESOLUTION CDCj2011-21)
RESOLUTION NO.
2011-93
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO CONSENTING TO CERTAIN PAYMENTS BY THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND
MAKING CERTAIN FINDINGS AND DETERMINATIONS PURSUANT TO
HEALTH & SAFETY CODE SECTION 33445 AS TO THE BENEFIT TO
THE STATE COLLEGE REDEVELOPMENT PROJECT AREA FOR THE
INSTALLATION OF PUBLIC IMPROVEMENTS ADJACENT TO THE
PUBLIC RIGHTS-OF-WAY OF NORTHPARK BOULEVARD AND
UNIVERSITY PARKWAY (STATE COLLEGE REDEVELOPMENT
PROJECT AREA)
WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency") is a
community redevelopment agency duly created, established and authorized to transact business and
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exercise its powers, all under and pursuant to the California Community Redevelopment Law (the
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"CRL"), codified under Division 24, Part 1 of the California Health and Safety Code commencing
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at Section 33000 and is authorized to implement infrastructure projects for redevelopment purposes
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located within the approved redevelopment project areas in the City of San Bernardino (the "City")
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in accordance with the CRL; and
WHEREAS, pursuant to Section 33445 of the Act, the Agency may, with the consent of the
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, structure or other improvement which
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is publicly owned either within or without the boundaries of a redevelopment project area if the
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Council determines: (1) that such buildings, facilities, structures or other improvements that are
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publicly owned are of benefit to the redevelopment project area by helping to eliminate blight within
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the redevelopment project area; (2) that no other reasonable means of financing the acquisition of
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land or installation or construction of such buildings, facilities, structures or other improvements are
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available to the community, and such determination by the Community Development Commission
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of the City of San Bernardino (the "Commission") and the Council shall be final and conclusive; (3)
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that the payment of funds for the acquisition of land or the cost of the buildings, facilities, structures
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or other improvements that are publicly owned is consistent with the Implementation Plan adopted
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pursuant to Health & Safety Code Section 33490; and (4) as more fully described in the Agency
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2011-93
1 Staff Report, the improvements to the Plaza at University Park are of overwhelming benefit to the
2 Project Area; and
3 WHEREAS, the Council and the Commission have previously approved and adopted the
4 Redevelopment Plan for the State College Redevelopment Project Area (hereinafter referred to as
5 the "Redevelopment Plan") wherein the boundaries of the redevelopment project area is set forth
6 (the "Project Area"); and
7 WHEREAS, on December 20, 2010, the Commission approved an Owner Participation
8 Agreement between the Agency and University Park Promenade and Shops, LLC, a California
9 limited liability company (the "Developer") to undertake certain public works improvements subject
10 to reimbursements by the Agency being remitted to the Developer, and the undertaking of additional
11 public works improvements to be undertaken by the Developer with Agency reimbursements; and
12 WHEREAS, approximately 912 jobs will be created with the completion of the
13 infrastructure and other public improvements; and
14 WHEREAS, the Plaza at University Park shall be publicly owned and is located immediately
15 adjacent to but outside the boundaries of the Project Area and are a continuation of the public
16 improvement plan of the Developer for the project indentified in the previously referenced Owner
17 Participation Agreement; and
18 WHEREAS, the infrastructure and other public improvements when completed, will allow
19 the University Park Promenade and Shops, LLC, to complete additional development which will
20 have a positive economic impact on various City, retail, business, and commercial functions, which
21 service the residents, workers, and business owners within the State College Redevelopment Project
22 Area.
23 NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND ORDERED BY
24 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, AS
25 FOLLOWS:
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Section 1.
The Recitals hereinabove are true and correct and are incorporated herein by
27 this reference.
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2011-93
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Section 2.
The Council hereby consents to the payment by the Agency of those costs
2 required by the Owner Participation Agreement in order to ensure the economic enhancements and
3 stability of the Project Area within the City for the reasons set forth in the Recitals hereinabove.
4 The Council also finds and determines that: (1) the buildings, facilities, structures or other
5 improvements are of benefit to the Project Area by helping to eliminate blight within the Project
6 Area; (2) the Agency has fully investigated alternative sources of funding; (3) no other reasonable
7 means of financing the acquisition of land or installation or construction of such buildings, facilities,
8 structures or other improvements are available to the community; (4) the payment of funds for the
9 acquisition of land or the cost of the buildings, facilities, structures or other improvements is
10 consistent with the Implementation Plan adopted pursuant to Health & Safety Code Section 33490;
11 and (5) as more fully described in the Agency Staff Report, the improvements to the Plaza at
12 University Park are of overwhelming benefit to the Project Area.
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Section 3.
The Interim Executive Director is directed to have a Notice of Exemption
14 (NOE) filed and posted within five (5) days.
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Section 4.
The findings and determinations herein shall be final and conclusive. This
16 Resolution shall take effect upon its adoption and execution in the manner as required by the City
17 Charter.
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2011-93
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO CONSENTING TO CERTAIN PAYMENTS BY THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND
MAKING CERTAIN FINDINGS AND DETERMINATIONS PURSUANT TO
HEALTH & SAFETY CODE SECTION 33445 AS TO THE BENEFIT TO THE
STATE COLLEGE REDEVELOPMENT PROJECT AREA FOR THE
INSTALLATION OF PUBLIC IMPROVEMENTS ADJACENT TO THE
PUBLIC RIGHTS-OF-WAY OF NORTHPARK BOULEVARD AND
UNIVERSITY PARKWAY (STATE COLLEGE REDEVELOPMENT
PROJECT AREA)
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
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Common Council of the City of San Bernardino at a j oint regular
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held on the 18th day of April, 2011, by the following vote to wit:
meeting thereof,
Aves
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Abstain
Absent
Navs
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~l.l h.~
Rae I G. Clark, City Clerk
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21 The foregoing Resolution is hereby approved this \q n~day of April
,2011.
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Approved as to Form:
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