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RESOLUTION NO. CDC/2011-44
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO, CALIFORNIA, RESCINDING
RESOLUTION NO. CDC/2011-35 AND 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
8 WHEREAS, the Commission adopted Resolution No. CDC/20ll-35 on June 29, 2011, and
9 it was later determined earlier on said date, that the Governor of the State of California had signed
10 ABxl 26 and ABxl 27 which took effect upon such signing, thereby eliminating the powers of
11 redevelopment agencies and community development commissions to take any further official
12 actions on matters as addressed in said Resolution No. CDC/20ll-35; and
13 WHEREAS, the City of San Bernardino, California (the "City"), is a municipal corporation
14 and a charter city duly created and existing pursuant to the Constitution and the laws of the State of
15 California; and
16 WHEREAS, the Community Development Commission of the City of San Bernardino (the
17 "Commission") on behalf of the Redevelopment Agency of the City of San Bernardino (the
18 "Agency"), is a redevelopment agency, a public body, corporate and politic of the State of
19 California, organized and existing pursuant to the Community Redevelopment Law (Part 1 of
20 Division 24 commencing with Section 33000) of the Health and Safety Code of the State of
21 California (the "Act"); and
22 WHEREAS, pursuant to Section 33445.1 of the Act, the Agency may, with the consent of
23 the Mayor and Common Council of the City (the "Council"), pay all or a part of the cost of
24 installation and construction of any building, facility, structure or other improvement which is
25 publicly owned outside the boundaries of and not contiguous to a redevelopment project area if the
26 Council determines: (1) that such buildings, facilities, structures or other improvements are of
27 primary benefit to the redevelopment project area or the immediate neighborhood in which the
28 project is located, regardless of whether such improvement is within another project area; (2) that no
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1 other reasonable means of financing such buildings, facilities, structures or other improvements is
2 available to the community, and such determination by the Commission and the Council shall be
3 final and conclusive; (3) that the payment of funds for the cost of the facilities, structures or other
4 improvements will assist in the elimination of one (1) or more blighted conditions inside the project
5 area; (4) that the payment of funds for the cost of the buildings, facilities, structures or other
6 improvements is consistent with the implementation plan adopted pursuant to Health and Safety
7 Code Section 33490; and (5) that the installation of each building, facility, structure, or
8 improvement is provided for in the redevelopment plan; and
9 WHEREAS, pursuant to Section 33445 of the Act, the Agency may, with the consent of the
10 Mayor and Common Council of the City (the "Council"), pay all or a part of the cost of installation
11 and construction of any building, facility, structure or other improvement which is publicly owned
12 within the boundaries or contiguous to a redevelopment project area if the Council determines: (1)
13 that the installation or construction of the buildings, facilities, structures or other improvements is of
14 benefit to the project area by helping to eliminate blight within the project area; (2) that no other
15 reasonable means of financing such buildings, facilities, structures, or other improvements that are
16 publicly owned, are available to the community and such determination by the Commission and the
17 Council shall be final and conclusive; and (3) that the payment of funds for the cost of such
18 facilities, structures or other improvements will assist in the elimination of one (1) or more blighted
19 conditions inside the project area; and
20 WHEREAS, the Council and the Commission have previously approved and adopted
21 Redevelopment Plans (collectively hereinafter referred to as the "Redevelopment Plans") for various
22 redevelopment project areas within the City, which project areas include: Uptown Project Area, Tri-
23 City Project Area, State College Project Area, Central City North Project Area, Southeast Industrial
24 Park Project Area, Northwest Project Area, and Central City Merged Project Area; and
25 WHEREAS, it is in the interests of the present landowners within the Central City North
26 project area subject to the Redevelopment Plans (the "Project Area") and the residents, both within
27 the Project Area and within the City generally, that the Agency cause the funding of certain
28 improvements consisting of: (1) the Agency payment of the COP debt service payment for the
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P.\AgendasIComm Dev CommissionlCDC 2011\2011-12 Budget docsI7-11-11 BUDGET READOPTION DOCSI07-II-l 1 EDA Budget Adoption - Public Imp. Expenditure CDC Reso Ddocx
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1 Central Police Department building ($490,000) within the Project Area pursuant to Section 33445 of
2 the Act for the Uptown Project Area and pursuant to Section 33445.1 of the Act for the Tri-City
3 Project Area, Southeast Park Project Area and the Northwest Project Area; and (2) the Agency
4 payment of the Central Library Lease Revenue debt service payment ($690,000) for the Central
5 Library located within the Project Area pursuant to Section 33445 of the Act for the Uptown Project
6 Area and pursuant to Section 33445.1 of the Act for the Tri-City Project Area, Southeast Park
7 Project Area and the Northwest Project Area; (collectively referred to herein as the "City Funded
8 Improvements"); and
9 WHEREAS, the Central Police Department Building and the Central Library are centrally
10 located facilities servicing residents, workers and business owners within all of the City's
11 Redevelopment Project Areas and in particular the Tri-City Project Area, the Northwest Project
12 Area, the Uptown Project Area and the Southeast Industrial Park Project Area (collectively referred
13 to herein as the "Benefited Project Areas") by providing various City functions which are in
14 support of, and will have a positive economic and social impact on, various City, retail, business and
15 commercial functions; and
16 WHEREAS, each of the aforementioned Benefited Project Areas is in proximity or
17 contiguous to the Project Area, and the Project Area serves the commercial, retail, City services and
18 other community needs of each of the Benefited Project Areas as to those functions that cannot be
19 provided separately within each of the Benefited Project Areas; and
20 WHEREAS, the Project Area is suffering from stagnant property values and impaired
21 investments, and in order to promote the health, safety and welfare ofthe Project Area and the entire
22 City, it is important that the Agency fund the costs of the aforementioned City Funded
23 Improvements; and
24 WHEREAS, in connection with the funding of the City Funded Improvements, it is proposed
25 that the Agency shall utilize revenues attributable to the Benefited Project Areas equally; and
26 WHEREAS, the Mayor and Common Council have consented to such use of Agency funds
27 by the adoption of an appropriate Council Resolution as part of the 2011-2012 City budget; and
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P:lAgendaslComm Dev CommissionlCDC 2011\2011-12 Budget docsI7-II-11 BUDGET READOPTION DOCSI07-11-11 EDA Budget Adoption - Public Imp Expenditure CDC Resa D.docx
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1 WHEREAS, it therefore is appropriate at this time for the Commission to make certain
2 findings and determinations and take certain actions with respect to the Agency's funding of the
3 City Funded Improvements.
4 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE
5 CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS
6 FOLLOWS:
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Section 1.
The Commission by the adoption of this Resolution hereby rescinds
8 Resolution No. CDC/2011-35 as adopted by the Commission on June 29, 2011, for the reasons as
9 set forth in the Recitals to this Resolution.
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Section 2.
The Recitals hereinabove are true and correct and are incorporated herein by
11 this reference.
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Section 3.
The Commission hereby approves the payment by the Agency of the City
13 Funded Improvements in order to ensure the economic enhancements and stability of the Benefited
14 Project Areas and other neighborhoods within the City for the reasons set forth in the Recitals
15 hereinabove. The Commission also finds and determines pursuant to Section 33445 of the Act for
16 the Uptown Project Area and pursuant to Section 33445.1 of the Act for the Tri-City Project Area,
17 Southeast Park Project Area and the Northwest Project Area that no other reasonable means of
18 financing the City Funded Improvements is presently available to the Agency and the City and the
19 Agency requires the use of revenues generated from the Benefited Project Areas. The Commission
20 further finds pursuant to Section 33445 of the Act for the Uptown Project Area and pursuant to
21 Section 33445.1 of the Act for the Tri-City Project Area, Southeast Park Project Area and the
22 Northwest Project Area that the funding of the City Funded Improvements will enhance the viability
23 in the Benefited Project Areas thereby eliminating existing blighted conditions in the Benefited
24 Project Areas, provide its residents, workers and businesses with necessary City services, and retail,
25 business, commercial and other community services from within the Project Area.
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Section 4.
The Agency Secretary is hereby authorized and directed to cause this
27 Resolution to be transmitted to the City for consideration in connection with appropriate action by
28 that body.
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P:lAgendaslComm Dev CommissionlCDC 2011\2011-12 Budget docsI7-11-11 BUDGET READOPTION DOCSI07-11-ll EDA Budget Adoption - Public Imp Expenditure CDC Resa D.docx
CDC/2011-44
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Section 5.
The findings and determinations herein shall be final and conclusive. The
2 Resolution shall become effective immediately upon its adoption.
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PlAgendas\Comm Dev Commission\CDC 2011\2011-12 Budget docs\7-II-ll BUDGET READOPTION DOCS\07-11-ll EDA Budget Adoption - Public Imp. Expenditure CDC Reso D.docx
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CDC/2011-44
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO, CALIFORNIA, RESCINDING
RESOLUTION NO. CDC/2011-35 AND AUTHORIZING THE FUNDING OF
VARIOUS CITY OF SAN BERNARDINO FISCAL YEAR 2011-2012 PUBLIC
IMPROVEMENT EXPENDITURES AND MAKING FINDINGS AND
DETERMINATIONS PURSUANT TO HEAL TH & 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
8 Development Commission of the City of San Bernardino at a ioint special
9 thereof, held on the 11th
10 Commission Members:
11 MARQUEZ
VACANT
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BRINKER
13
SHORETT
14
KELLEY
15
JOHNSON
16 MC CAMMACK
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The foregoing Resolution is hereby approved this /:3 /N day of July
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Approved as to Form:
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meeting
day of
Ayes
x
, 2011, by the following vote to wit:
July
Abstain
Absent
Nays
x
x
---L
X
X
secret:?--~
, 2011.
Agency Counsel
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PlAgendaslComm Dev CommissionlCDC 2011\2011-12 Budget docsI7-11-11 BUDGET READOPTION DOCSI07-11-11 EDA Budget Adoption - Public Imp Expenditure CDC Reso D.docx