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HomeMy WebLinkAbout1991-5301 '<~~ - r~'t' '-'v--"'~----_---""",~_ 1 2 3 4 5 6 7 RESOLUTION NO. 5301 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING CERTAIN DOCUMENTS PERTAINING TO THE FORMATION OF THE SAN BERNARDINO/COLTON/LOMA LINDA JOINT POWERS FINANCING AUTHORITY AGREEMENT AND MAKING CERTAIN ENVIRONMENTAL DETERMINATIONS IN CONNECTION THEREWITH WHEREAS, the Community Development Commission of the 8 City of San Bernardino (the "Commission") on behalf of the 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Redevelopment Agency of the City of San Bernardino (the "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, the Inland Valley Development Agency (the "IVDA") was established as a joint powers authority which was formed for the purposes of causing the redevelopment of Norton Air Force Base and certain areas in proximity thereto in accordance with the provisions of Health and Safety Code Section 33320.5; and WHEREAS, the IVDA's activities and functions in connection with the undertaking of redevelopment activities were previously financed through advances from the County of San Bernardino (the "County") which financing source is no longer available given the budgetary constraints affecting the county; and - 1 - 3 - '~ ~"...i 1 WHEREAS, the Agency, in conjunction with the 2 redevelopment agencies of the cities of Colton and Loma Linda and 3 at the request of the IVDA, deems it desirable to form a joint 4 powers financing authority (the "Authority") in order to assist 5 in the funding of the activities of the IVDAj and 6 7 WHEREAS, the Agency desires to enter into a certain 8 Joint Exercise of Powers Agreement (the "Joint Powers Agreement") 9 by and among the Agency, the Redevelopment Agency of the City of 10 Colton and the Redevelopment Agency of the city of Loma Linda 11 pertaining to the financing of certain activities of the IVDA, a 12 copy of which Joint Powers Agreement is attached hereto as 13 Exhibit "A" and incorporated herein by this referencej and 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 III WHEREAS, in addition to the Joint Powers Agreement, the Agency further deems it desirable to enter into a certain Loan Agreement by and between the Agency and the Authority (the "Authority Loan Agreement") a copy of which is attached hereto as Exhibit "B" and incorporated herein by this reference in order to loan certain moneys to the Authority which in turn may be loaned by the Authority to the IVDA in order to fund the immediate costs and obligations of the IVDAj and WHEREAS, in connection with its approval of the Joint Powers Agreement, the Agency may determine that the formation of the Authority is exempt from the provisions of the California Environmental Quality Act ("CEQA")j and - 2 - 3 .'''''~.~ ""-" .~ 1 WHEREAS, pursuant to the California CEQA Guidelines and 2 specifically Section 15320 thereof, certain projects are 3 categorically exempt from the requirements of the undertaking of 4 an environmental determination; and 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF 27 THE CITY OF SAN BERNARDINO, CALIFORNIA, DO HEREBY FIND, RESOLVE, 28 DETERMINE AND ORDER AS FOLLOWS: - 3 - WHEREAS, the Agency finds that its entering into the Joint Powers Agreement is categorically exempt from CEQA as a "Class 20" exemption since the formation of the Authority will not have a significant effect on the environment and the Joint Powers Agreement involves the reorganization of local governmental agencies but does not change the geographical area in which previously existing powers were exercised; and WHEREAS, the Agency has caused the preparation of a Notice of Exemption, a copy of which is attached hereto as Exhibit "C" and incorporated herein by this reference; and WHEREAS, the funding of the activities of the IVDA will be of benefit to the Agency and its existing project areas since it will enhance redevelopment acti vi ties wi thin those portions of the City of San Bernardino which are located within the IVDA's project area which in turn should create emploYment opportunities and enhance economic development in the existing project areas of the Agency which are in proximity to the IVDA project area. 3 .'"'~\i,jl7 ."",,,,,,, ''i'<%".... 1 section 1. The Commission hereby approves the Joint 2 Powers Agreement, a copy of which is attached hereto as 3 Exhibit "A" and incorporated herein by this reference. 4 5 section 2. The Commission authorizes the Agency 6 Chairman and Secretary to execute the Joint Powers Agreement on 7 behalf of the Agency, and take such other action as may be 8 necessary to implement the provisions of the Joint Powers 9 Agreement. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 III 24 I I I 25 III 26 I I I 27 I I I 28 III section 3. The Commission hereby approves the Authority Loan Agreement, a copy of which is attached hereto as Exhibit "B" and incorporated herein by this reference, and authorizes the Chairman and Secretary to execute the Authority Loan Agreement on behalf of the Agency. section 4. The Commission hereby finds that its entering into the Joint Powers Agreement is categorically exempt from the provisions of CEQA for the reasons set forth in the Recitals hereof and hereby approves the Notice of Exemption attached hereto as Exhibit "C" and incorporated herein by this reference. - 4 - 3 ........ ~, ut 1 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING CERTAIN DOCUMENTS 2 PERTAINING TO THE FORMATION OF THE SAN BERNARDINO/COLTON/LOMA LINDA JOINT POWERS FINANCING AUTHORITY AGREEMENT AND MAKING 3 CERTAIN ENVIRONMENTAL DETERMINATIONS IN CONNECTION THEREWITH 4 Section 5. 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 I HEREBY CERTIFY that the foregoing Resolution was duly 9 adopted by the Community Development Commission of the city of 10 11 12 13 14 15 16 17 18 19 20 21 22 23 San Bernardino at a Joint Regular meeting thereof, held on the 16th September day of 1991, by the following vote, to wit: commission Members: AYES NAYS ABSTAIN ABSENT ESTRADA x REILLY x HERNANDEZ -----x-- MAUDSLEY -----x-- MINOR x POPE-LUDLAM x - MILLER x 16th secr~ETH J. HENDERSON The foregoing resolution is hereb approved this day of september , 1991. 24 25 Approved as to form and legal 26 ~ By: L; 27 /Agency Co sel 28 of San Bernardino content: SBEO\01l3\DOC\7 - 5 - 3 .... -- 1 STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) 2 CITY OF SAN BERNARDINO ) 3 ss I, KENNETH J. HENDERSON Secretary of the Community Development Commission of the City of San Bernardino, DO HEREBY 4 CERTIFY that the foregoing and attached copy of Community Development Commission of the City of San Bernardino Resolution 5 No. 5301 is a full, true and correct copy of that now on file in this office. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 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 16th day of September , 1991. sec~~ community evelopment commission of the City of San Bernardino 20 21 22 23 24 25 26 27 28 3 1 2 3 4 5 6 7 Item: 8 9 10 11 Exhibit "A" 12 Exhibit "B" Exhibit "C" 13 14 ':~ 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Action to be Taken: COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, CALIFORNIA AGENDA September 16, 1991 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING CERTAIN DOCUMENTS PERTAINING TO THE FORMATION OF THE SAN BERNARDINO/COLTON/LOMA LINDA JOINT POWERS FINANCING AUTHORITY AGREEMENT AND MAKING CERTAIN ENVIRONMENTAL DETERMINATIONS IN CONNECTION THEREWITH Joint Powers Agreement Authority Loan Agreement Notice of Exemption Adopt Resolution. certified copy of Resolution to be returned to Sabo & Green, A Professional Corporation. SBBO/0113/DOCn 3