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HomeMy WebLinkAbout1991-5298 1 2 3 4 5 6 7 "city"), 8 9 10 RESOLUTION NO. 5298 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, CALIFORNIA, FINDING BENEFIT TO THE STATE COLLEGE REDEVELOPMENT PROJECT AREA IN THE USE OF TAX INCREMENT REVENUES AND BOND PROCEEDS FOR THE PAYMENT OF INFRASTRUCTURE COSTS IN THE VERDEMONT AREA WHEREAS, the City of San Bernardino, California (the is a municipal corporation and a charter city duly created and existing pursuant to the Constitution and the laws of the State of California (the "City"); and 11 12 City of 13 WHEREAS, the Community Development Commission of the (the "commission") San Bernardino on behalf of the city San Bernardino of (the Redevelopment of the Agency 14 "Agency"), is a redevelopment agency, a public body, corporate 15 16 17 18 19 20 21 22 23 24 25 26 and politic of the State of California, organized and existing pursuant Community 1 of Redevelopment (Part to the Law 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 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 building, facility, construction of and any structure or other improvement which is publicly owned either within or without the boundaries of a redevelopment project area if the Agency determines: (1) that such buildings, facilities, 27 structures or other improvements are of benefit to the 28 III - 1 - 3 3 4 5 6 7 8 9 10 11 12 13 14 '~ 15 16 17 18 19 20 21 22 23 24 25 26 1 redevelopment project area or the immediate neighborhood in which 2 the project is located, regardless of whether such improvements are within another project area, or in the case of a project area in which substantially all the land is publicly owned that the improvements are of benefit to an adjacent project area of the Agency, and (2) that no other reasonable means of financing such buildings, facilities, structures or other improvements is available to the community, and such determination by the Agency and the Council shall be final and conclusive; and WHEREAS, the city and the Agency have previously adopted the redevelopment plan for a project area encompassed by the State college Redevelopment Project (the "Project Area"); and WHEREAS, it is in the interests of the present landowners within the Project Area and the residents, both within the Project Area and within the City generally, that the Agency cause the undertaking of certain public improvements in the Verdemont area of the City (the "Verdemont Area") which improvements consist of, but are not limited to, the construction of the Chestnut Drain facilities, the installation of box culvert improvements in the vicinity of the intersection of Kendall Drive and Palm Avenue, the installation of certain traffic signal improvements at the intersection of Kendall Drive and Palm Avenue, the construction of right-of-way improvements along Palm Avenue and various other related infrastructure improvements 27 (collectively such improvements shall be referred to as the - 28 "Verdemont Improvements"); and - 2 - 3 6 7 8 9 10 11 12 13 14 "'k~ 15 16 17 18 19 20 21 22 23 24 25 26 1 WHEREAS, the ci ty has previously caused the 2 establishment of its Assessment District No. 987 within the 3 Verdemont Area to pay for a portion of the costs of certain 4 infrastructure items required for the Verdemont Area including a 5 portion of the costs of the Verdemont Improvements; and WHEREAS, the revenues generated through the establishment of Assessment District No. 987 are insufficient to pay all of the costs of the infrastructure items required for the Verdemont Area, including the total costs of the Verdemont Improvements as described hereinabove; and WHEREAS, many low income households reside in the Verdemont Area and the levy of assessments pursuant to Assessment District No. 987 is causing a hardship on many such households; and WHEREAS, the City has previously experienced difficulty in providing affordable housing to persons employed within the City as well as the Project Area and has suffered a job/housing imbalance which has negatively impacted upon the development potential of the project Area and the City generally; and WHEREAS, the Verdemont Area is located within the northern portion of the City and provides a residential base to households, including several low-income households, who are 27 employed and who may find emploYment within the Project Area and >.^~ 28 who rely on services provided within the project Area; and - 3 - 3 '- 1 WHEREAS, since the Verdemont Area is located wi thin the 2 northern portion of the City, it is at a higher elevation than 3 most other areas of the City and accordingly, any drainage runoff 4 that occurs in the Verdemont Area has the potential, and does in 5 fact, drain into other portions of the City, thereby burdening 6 the capacity of the City's drainage system and negatively 7 impacting such other portions of the City which are served by the 8 drainage system, including the Project Area; and 9 10 WHEREAS, additional development in the Verdemont Area 11 which is occurring in order to provide a greater residential base 12 for other areas of the city, including the Project Area, will 13 have the impact of causing a greater amount of drainage runoff 14 which in turn will adversely impact the other portions of the 15 drainage system of the city, including the Project Area; and 16 17 18 19 20 21 22 23 24 25 26 27 28 III WHEREAS, the installation of the Verdemont Improvements is necessary in order to ease the impact on the runoff capacity of other portions of the City's drainage system and allow the drainage system to function effectively and thereby ensure the health, safety and welfare of Project Area residents as well as other residents of the city; and WHEREAS, the drainage system of the City is one large integrated system and as such, the undertaking of improvements in one area of the drainage system through the installation of the drainage facilities which are included within the Verdemont - 4 - 3 :ii ~'T""" 1 Improvements will benefit other portions of the system which 2 includes that portion located within the project Area; and 3 4 WHEREAS, because of the proximity between the Verdemont 5 Area and the Project Area, Kendall Drive serves as a major 6 arterial connecting the Verdemont Area with the Project Area and 7 as such it provides traffic access to residents and occupants of 8 the proj ect Area; and 9 10 WHEREAS, the signal improvements and other related 11 right-of-way improvements to Kendall Drive and Palm Avenue would 12 improve traffic safety conditions on major arterials providing 13 access to and from the Project Area thereby benefitting the 14 residents of the Project Area; and >,- 15 16 WHEREAS, in order to assist in financing the 17 undertaking of the Verdemont Improvements, the Agency deems it 18 desirable to loan certain moneys to the ci ty from revenues 19 attributable to the Project Area, which loan of monies shall be 20 evidenced by a Loan Agreement (the "Loan Agreement") 21 substantially in the form as attached hereto as Exhibit "A" and 22 incorporated herein by this reference; and 23 24 WHEREAS, the Loan Agreement provides that the Agency 25 shall make disbursements of the Loan proceeds only as such moneys 26 are required by the City to either pay the costs of the Verdemont 27 Improvements or to make payments of assessments levied under "~ 28 Assessment District No. 987 on behalf of any low and moderate - 5 - 3 "- 15 16 17 18 19 20 21 22 23 24 25 26 27 .,,~;. 28 1 income households who have demonstrated to the city and Agency a 2 hardship in the ability to fund any such assessments; and 3 4 WHEREAS, in order to promote the City's health, safety 5 and welfare, it is important that the Verdemont Improvements 6 required for the Verdemont Area be financed in order to ensure 7 the orderly development of the project Area and neighboring areas 8 and that the City and the Agency approve the Loan Agreement so as 9 to facilitate the construction of such improvements; and 10 11 WHEREAS, it is appropriate at this time for the 12 commission to make certain findings and determinations and take 13 certain action with respect to the installation of the Verdemont 14 Improvements. NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DO HEREBY FIND, RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. The Recitals hereinabove are true and correct and are incorporated herein by this reference. section 2. The Commission hereby approves the funding by the Agency of the costs of the Verdemont Improvements to be undertaken in the Verdemont Area which are of benefit to the Project Area and other neighborhoods within the city for the reasons set forth in the Recitals hereinabove. In addition, the Commission approves the funding of all or a portion of any - 6 - 3 ,- ,~ 'I - 1 assessments levied pursuant to Assessment District No. 987 on 2 behalf of any eligible low-income households who are negatively 3 impacted by the imposition of such assessments. The Commission 4 further finds and determines that no other reasonable means of 5 financing the installation of the Verdemont Improvements, or of 6 funding assessments on behalf of low-income households is 7 presently available to the City and that the City and the Agency 8 require the use of revenues generated from the Project Area to 9 fund the Verdemont Improvements and to fund any assessment 10 paYments on behalf of low-income households. 11 12 section 3. The provision of the Verdemont 13 Improvements in the Verdemont Area will improve drainage runoff 14 conditions throughout the city and particularly the Project Area 15 thereby easing the burden on the City's drainage system which 16 will make the Project Area, which is also served by the drainage 17 system, more desirable for residential and other development 18 which will in turn help eliminate blight within such Project 19 Area. 20 Section 4. The provision of the signal improvements 21 and related right of way improvements will improve traffic safety 22 conditions on major arterials which provides access to and from 23 the Project Area which in turn will make such Project Area more 24 desirable for development and thereby further assist in 25 eliminating blighting conditions within such Project Area. 26 27 28 section 5. The Commission hereby approves the establishment of a loan with the City pursuant to the terms of a - 7 - 3 1 Loan Agreement which will be substantially in the form of 2 Exhibi t "A" attached hereto and incorporated herein by this 3 reference and hereby authorizes the Chairman and the Secretary to 4 execute the Loan Agreement as may be modified by any changes 5 approved by the Executi ve Director of the Agency and Agency 6 Counsel as well as such other documents as may be necessary in 7 order to implement the loan transaction as described hereinabove. 8 9 Section 6. The Commission secretary is hereby 10 authorized and directed to cause this Resolution to be 11 transmitted to the City for consideration in connection with 12 appropriate action by that body. 13 I I I 14 III .~ 15 III 16 I I I 17 III 18 I I I 19 III 20 I I I 21 III 22 III 23 III 24 I I I 25 III 26 I I I 27 I I I - 28 III - 8 - 3 1 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, CALIFORNIA, FINDING BENEFIT TO THE STATE COLLEGE 2 REDEVELOPMENT PROJECT AREA IN THE USE OF TAX INCREMENT REVENUES AND BOND PROCEEDS FOR THE PAYMENT OF INFRASTRUCTURE COSTS IN THE 3 VERDEMONT AREA 4 Section 7. The findings and determinations herein 5 shall be final and conclusive. This Resolution shall take effect 6 upon the date of its adoption. 7 8 9 10 11 12 13 14 '~ 15 16 17 18 19 20 21 22 23 24 25 26 27 '~ I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community Development Commission of the City of San Bernardino at a thereof, held on the Joint Regular meeting 19th day of Auqust 1991, by the following vote, to wit: commission Members: ESTRADA REILLY HERNANDEZ MAUDSLEY MINOR POPE-LUDLAM MILLER 19th The foregoing day of Auaust AYES NAYS ABSTAIN ABSENT x x x x x x x ~r~~ KENNETH J. HENDERSON resolution is , 1991. this /-/ Approved as to form and legal content: By: /~L._ >i~ //A~:~~sel 28 SBEO\OOOl\D0C\497 - 9 - 3 ~~ ~ 1 STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) 2 CITY OF SAN BERNARDINO ) 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ss I , KltNNETH J. HENDERSON Secretary of the Community Development Comm1ssion of the City of San Bernardino, DO HEREBY CERTIFY that the foregoing and attached copy of community Development Commission of the City of San Bernardino Resolution No. 5298 is a full, true and correct copy of that now on file in this office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the Community Development Commission of the ci ty of San Bernardino this 19th day of August , 1991. sec~~~e Community Development Commission of the City of San Bernardino KENNETH J. HENDERSON 3