HomeMy WebLinkAbout2011-209
(COMPANION RESOLUTIONS: 2011-210, 2011-211, CDC/2011-34, CDC/2011-35, CDC/2011-3 ,
CDC/2011-37, CDC/2011-38, CDC/2011-39, CDC/2011-40)
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RESOLUTION NO. 2011-209
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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 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 UNDERTAKING PUBLIC
IMPROVEMENTS IN CONNECTION WITH THESE VARIOUS CITY
EXPENDITURES
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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
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California; and
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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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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 I of
Division 24 commencing with Section 33000) of the Health and Safety Code of the State of
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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
installation and construction of any building, facility, structure or other improvement which is
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publicly owned outside the boundaries of and not contiguous to a redevelopment project area if the
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Council determines: (I) that such buildings, facilities, structures or other improvements are of
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22 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
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other reasonable means of financing such buildings, facilities, structures or other improvements is
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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 (I) or more blighted conditions inside the project
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2011-209
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 Council, pay all or a part of the cost of installation and construction of any building, facility,
6 structure or other improvement which is publicly owned within the boundaries or contiguous to a
7 redevelopment project area if the Council determines: (I) that the installation or construction of the
8 buildings, facilities, structures or other improvements is of benefit to the project area by helping to
9 eliminate blight within the project area; (2) that no other reasonable means of financing such
10 buildings, facilities, structures, or other improvements that are publicly owned, are available to the
11 community and such determination by the Commission and the Council shall be final and
12 conclusive; and (3) that the payment of funds for the cost of such facilities, structures or other
13 improvements will assist in the elimination of one (I) or more blighted conditions inside the project
14 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: (I) 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
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2011-209
1 Area pursuant to Section 33445 of the Act for the Uptown Project Area and pursuant to Section
2 33445.1 of the Act for the Tri-City Project Area, Southeast Park Project Area and the Northwest
3 Project Area (collectively referred to herein as the "City Funded Improvements"); and
4 WHEREAS, the Central Police Department Building and the Central Library are centrally
5 located facilities servicing residents, workers and business owners within all of the City's
6 Redevelopment Project Areas and in particular the Tri-City Project Area, the Northwest Project
7 Area, the Uptown Project Area and the Southeast Industrial Park Project Area (collectively referred
8 to herein as the "Benefited Project Areas") by providing various City functions which are in support
9 of, and will have a positive economic and social impact on, various City, retail, business and
10 commercial functions; and
11 WHEREAS, each of the aforementioned Benefited Project Areas are in proximity or
12 contiguous to the Project Area, and the Project Area serves the commercial, retail, City services and
13 other community needs of each of the Benefited Project Areas as to those functions that cannot be
14 provided separately within each of the Benefited Project Areas; and
15 WHEREAS, the Project Area is suffering from stagnant property values and impaired
16 investments, and in order to promote the health, safety and welfare of the Project Area and the
17 entire City, it is important that the Agency fund the costs of the aforementioned City Funded
18 Improvements; and
19 WHEREAS, in connection with the funding of the City Funded Improvements, it is proposed
20 that the Agency shall utilize revenues attributable to the Benefited Project Areas equally; and
21 WHEREAS, it is appropriate at this time for the Mayor and Common Council to make
22 certain findings and determinations and take certain actions with respect to the Agency's funding of
23 the City Funded Improvements.
24 NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
25 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
27 this reference.
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Section 2.
The Mayor and Common Council hereby approve and consent to the payment
2 by the Agency of the City Funded Improvements in order to ensure the economic enhancements and
3 stability of the Benefited Project Areas and other neighborhoods within the City for the reasons set
4 forth in the Recitals hereinabove. The Mayor and Common Council also incorporate by reference
5 the findings set forth in the Recital and further find and determine that pursuant to Section 33445 of
6 the Act for the Uptown Project Area and pursuant to Section 33445.1 of the Act for the Tri-City
7 Project Area, Southeast Park Project Area and the Northwest Project Area no other reasonable
8 means of financing the City Funded Improvements is presently available to the Agency and the City
9 and the Agency requires the use of revenues generated from the Benefited Project Areas. The
10 Mayor and Common Council further find that pursuant to Section 33445 of the Act for the Uptown
11 Project Area and pursuant to Section 33445.1 of the Act for the Tri-City Project Area, Southeast
12 Park Project Area and the Northwest Project Area the funding of the City Funded Improvements
13 will enhance the viability in the Benefited Project Areas thereby eliminating existing blighted
14 conditions in the Benefited Project Areas, provide its residents, workers and businesses with
15 necessary City services, and retail, business, commercial and other community services from within
16 the Project Area. The Mayor and Common Council hereby consent to and approve the expenditures
17 by the Agency from those Benefited Project Areas in the dollar amounts set forth in the recitals to
18 undertake the City Funded Improvements.
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Section 3.
The City Clerk is hereby authorized and directed to cause this Resolution to
20 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
22 Resolution shall become effective immediately upon its adoption as provided in the Charter.
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held on the 29th day of
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Council Members:
10 MARQUEZ
11 VACANT
12 BRINKER
13 SHORETT
14 KELLEY
15 JOHNSON
16 MC CAMMACK
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2011-209
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 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 UNDERTAKING PUBLIC
IMPROVEMENTS IN CONNECTION WITH THESE VARIOUS CITY
EXPENDITURES
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a j t. adj. regular
meeting thereof,
June
,2011, by the following vote to wit:
Aves
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Nays
Abstain
Absent
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X
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{)~,6. ~
Rachel G. Clark, City Clerk
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20 The foregoing Resolution is hereby approved this ., cJ day of
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June
,2011.
24 Approved as to Form:
~: ~y: _it!( flu::/!
.k:: James F. Penman, City Attorney
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