HomeMy WebLinkAboutCDC/2011-35
(IMPORTANT NOTE: RESCINDED BY RESOLUTION 2011-44)
(COMPANION RESOLUTION: 2011-209, 2011-210, 2011-211, CDC/2011-34, CDC/2011-36,
CDC/2011-37, CDC/2011-38, CDC/2011-39, CDC/2011-40)
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RESOLUTION NO. CDC/2011-35
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE
FUNDING OF VARIOUS CITY OF SAN BERNARDINO FISCAL YEAR 2011-
2012 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 THE UNDERTAKING OF
VARIOUS PUBLIC IMPROVEMENTS
WHEREAS, the City of San Bernardino, California (the "City"), is a municipal corporation
and a charter city duly created and existing pursuant to the Constitution and the laws of the State of
California; and
WHEREAS, the Community Development Commission of the City of San Bernardino (the
"Commission") 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
California, organized and existing pursuant to the Community Redevelopment Law (Part 1 of
Division 24 commencing with Section 33000) of the Health and Safety Code of the State of
California (the "Act"); and
WHEREAS, pursuant to Section 33445.1 of the Act, the Agency may, with the consent of
the Mayor and Common Council of the City (the "Council"), pay all or a part of the cost of
installation and construction of any building, facility, structure or other improvement which is
publicly owned outside the boundaries of and not contiguous to a redevelopment project area if the
Council determines: (1) that such buildings, facilities, structures or other improvements are of
primary benefit to the redevelopment project area or the immediate neighborhood in which the
project is located, regardless of whether such improvement is within another project area; (2) that no
other reasonable means of financing such buildings, facilities, structures or other improvements is
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available to the community, and such determination by the Commission and the Council shall be
final and conclusive; (3) that the payment of funds for the cost of the facilities, structures or other
improvements will assist in the elimination of one (1) or more blighted conditions inside the project
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area; (4) that the payment of funds for the cost of the buildings, facilities, structures or other
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CDC/2011-35
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 of the 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 project area subject to the Redevelopment Plans (the "Project Area") and the residents, both within
22 the Project Area and within the City generally, that the Agency cause the funding of certain
23 improvements consisting of: (1) the Agency payment of the COP debt service payment for the
24 Central Police Department building ($490,000) within the Project Area pursuant to Section 33445 of
25 the Act for the Uptown Project Area and pursuant to Section 33445.1 of the Act for the Tri-City
26 Project Area, Southeast Park Project Area and the Northwest Project Area; and (2) the Agency
27 payment of the Central Library Lease Revenue debt service payment ($690,000) for the Central
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CDC/2011-35
1 Library located within the Project Area pursuant to Section 33445 of the Act for the Uptown Project
2 Area and pursuant to Section 33445.1 of the Act for the Tri-City Project Area, Southeast Park
3 Project Area and the Northwest Project Area; (collectively referred to herein as the "City Funded
4 Improvements"); and
5 WHEREAS, the Central Police Department Building and the Central Library are centrally
6 located facilities servicing residents, workers and business owners within all of the City's
7 Redevelopment Project Areas and in particular the Tri-City Project Area, the Northwest Project
8 Area, the Uptown Project Area and the Southeast Industrial Park Project Area (collectively referred
9 to herein as the "Benefited Project Areas") by providing various City functions which are in
10 support of, and will have a positive economic and social impact on, various City, retail, business and
11 commercial functions; and
12 WHEREAS, each of the aforementioned Benefited Project Areas is in proximity or
13 contiguous to the Project Area, and the Project Area serves the commercial, retail, City services and
14 other community needs of each of the Benefited Project Areas as to those functions that cannot be
15 provided separately within each of the Benefited Project Areas; and
16 WHEREAS, the Project Area is suffering from stagnant property values and impaired
17 investments, and in order to promote the health, safety and welfare of the Project Area and the entire
18 City, it is important that the Agency fund the costs of the aforementioned City Funded
19 Improvements; and
20 WHEREAS, in connection with the funding of the City Funded Improvements, it is proposed
21 that the Agency shall utilize revenues attributable to the Benefited Project Areas equally; and
22 WHEREAS, the Mayor and Common Council have consented to such use of Agency funds
23 by the adoption of an appropriate Council Resolution as part of the 2011-2012 City budget; and
24 WHEREAS, it therefore is appropriate at this time for the Commission to make certain
25 findings and determinations and take certain actions with respect to the Agency's funding of the
26 City Funded Improvements.
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CDC/2011-35
1 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE
2 CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS
3 FOLLOWS:
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Section 1.
The Recitals hereinabove are true and correct and are incorporated herein by
5 this reference.
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Section 2.
The Commission hereby approves the payment by the Agency of the City
7 Funded Improvements in order to ensure the economic enhancements and stability of the Benefited
8 Project Areas and other neighborhoods within the City for the reasons set forth in the Recitals
9 hereinabove. The Commission also finds and determines pursuant to Section 33445 of the Act for
10 the Uptown Project Area and pursuant to Section 33445.1 of the Act for the Tri-City Project Area,
11 Southeast Park Project Area and the Northwest Project Area that no other reasonable means of
12 financing the City Funded Improvements is presently available to the Agency and the City and the
13 Agency requires the use of revenues generated from the Benefited Project Areas. The Commission
14 further finds pursuant to Section 33445 of the Act for the Uptown Project Area and pursuant to
15 Section 33445.1 of the Act for the Tri-City Project Area, Southeast Park Project Area and the
16 Northwest Project Area that the funding of the City Funded Improvements will enhance the viability
17 in the Benefited Project Areas thereby eliminating existing blighted conditions in the Benefited
18 Project Areas, provide its residents, workers and businesses with necessary City services, and retail,
19 business, commercial and other community services from within the Project Area.
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Section 3.
The Agency Secretary is hereby authorized and directed to cause this
21 Resolution to be transmitted to the City for consideration in connection with appropriate action by
22 that body.
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Section 4.
The findings and determinations herein shall be final and conclusive. The
24 Resolution shall become effective immediately upon its adoption.
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CDC/2011-35
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE
FUNDING OF VARIOUS CITY OF SAN BERNARDINO FISCAL YEAR 2011-
2012 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 THE UNDERTAKING OF
VARIOUS PUBLIC IMPROVEMENTS
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community
7 Development Commission of the City of San Bernardino at a Jt. Ad;. Regular
8 thereof, held on the 29th
9 Commission Members:
10 MARQUEZ
11 VACANT
12 BRINKER
13 SHORETT
14 KELLEY
15 JOHNSON
16 MC CAMMACK
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meeting
day of
Ayes
, 2011, by the following vote to wit:
June
Absent
Abstain
Nays
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x
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x
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19 '{'~
20 The foregoing Resolution is hereby approved this ::?o ~ay of June
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, 2011.
J. Morris, rson
nity Development Commission
of the City of San Bernardino
25 Approved as to Form:
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By:
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[ )%9==
Agency Counse
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P:\Agendas\Comm Dev Commission\CDC 2011\2011-12 Budget docs\06-23-11 EDA Budget Adoption - Public Imp. Expenditure CDC Reso G.docx