HomeMy WebLinkAboutCDC/2011-21
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J (NOTE: COMPANION RESOLUTION 2011-93)
RESOLUTION NO. CDC/2011-21
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO 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)
8 WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency") is a
9 community redevelopment agency duly created, established and authorized to transact business and
10 exercise its powers, all under and pursuant to the California Community Redevelopment Law (the
11 "CRL"), codified under Division 24, Part 1 of the California Health and Safety Code commencing
12 at Section 33000 and is authorized to implement infrastructure projects for redevelopment purposes
13 located within the approved redevelopment project areas in the City of San Bernardino (the "City")
14 in accordance with the CRL; and
15 WHEREAS, pursuant to Section 33445 of the Act, the Agency may, with the consent of the
16 Mayor and Common Council of the City of San Bernardino (the "Council"), pay all or a part of the
17 cost of installation and construction of any building, facility, structure or other improvement which
18 is publicly owned either within or without the boundaries of a redevelopment project area if the
19 Council determines: (1) that such buildings, facilities, structures or other improvements that are
20 publicly owned are of benefit to the redevelopment project area by helping to eliminate blight within
21 the redevelopment project area; (2) that no other reasonable means of financing the acquisition of
22 land or installation or construction of such buildings, facilities, structures or other improvements
23 that are publicly owned are available to the community, and such determination by the Community
24 Development Commission of the City of San Bernardino (the "Commission") and the Council shall
25 be final and conclusive; (3) that the payment of funds for the acquisition of land or the cost of the
26 buildings, facilities, structures or other improvements that are publicly owned is consistent with the
27 Implementation Plan adopted pursuant to Health & Safety Code Section 33490; and (4) as more
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CDC/2011-21
1 fully described in the Agency Staff Report, the improvements to the Plaza at University Park are of
2 overwhelming benefit to the 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 reimbursement; 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 improvements when completed, will allow the University
19 Park Promenade and Shops, LLC to complete additional development which will have a positive
20 economic impact on various City, retail, business, and commercial functions, which service the
21 residents, workers, and business owners within the State College Redevelopment Project Area.
22 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE
23 CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS
24 FOLLOWS:
25 Section 1. The Recitals hereinabove are true and correct and are incorporated herein by
26 this reference.
27 Section 2. The Commission hereby consents to the payment by the Agency of those
28 costs required by the Owner Participation Agreement in order to ensure the economic enhancements
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CDc/2011-21
1 and stability of the Project Area within the City for the reasons set forth in the Recitals hereinabove.
2 The Commission also finds and determines that: (1) the buildings, facilities, structures, or other
3 improvements that are publicly owned are of benefit to the Project Area by helping to eliminate
4 blight within the Project Area; (2) the Agency has fully investigated alternative sources of funding;
5 (3) no other reasonable means of financing the acquisition of land or installation or construction of
6 such buildings, facilities, structures or other improvements are available to the community; (4) the
7 payment of funds for the acquisition of land or the cost of the buildings, facilities, structures or other
8 improvements is consistent with the Implementation Plan adopted pursuant to Health & Safety Code
9 Section 33490; and (5) as more fully described in the Agency Staff Report, the improvements to the
10 Plaza at 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
12 (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
14 Resolution shall take effect from and after its date of adoption by this Commission.
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P:\Agendas\Resolutions\Resolutions\2011 \04-18-11 University Park Promenade and Shops 33445 CDC ResQ,docx
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RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO MAKING CERTAIN FINDINGS AND
DETERMINATIONS PURSUANT TO HEALTH & SAFETY CODE SECTION
33445 AS TO THE BENEFIT TO THE ST ATE COLLEGE
REDEVELOPMENT PROJECT AREA FOR THE INSTALLATION OF
PUBLIC IMPROVEMENTS ADJACENT TO THE PUBLIC RIGHTS-OF-
WAY OF NORTHPARK BOULEVARD AND UNIVERSITY PARKWAY
(ST ATE COLLEGE REDEVELOPMENT PROJECT AREA)
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community
7 Development Commission of the City of San Bernardino at a j oint regular
8 meeting thereof, held on the 18th day of April, 2011, by the following vote to wit:
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10 Commission Members:
11 MARQUEZ
VACANT
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BRINKER
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SHORETT
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KELLEY
15
JOHNSON
16 MC CAMMACK
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Ayes
Nays
Abstain
Absent
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t;~-
Secretary ( /
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20 The foregoing Resolution is hereby approved this /91'/1 day of April
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, 2011.
atrick . Morris, 1':8on
unity Development Commission
of the City of San Bernardino
24 Approved as to Form:
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By: C hJL:.t1-tv '11 kl/JtrV
26 Agency Counsel
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P:\Agendas\Resolutions\Resolutions\2011\04.18-11 University Park Promenade and Shops 33445 CDC Reso.docx