HomeMy WebLinkAbout1992-5328
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RESOLUTION NO.
5328
RESOLUTION OF THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF SAN BERNARDINO,
CALIFORNIA, AUTHORIZING THE EXECUTION OF A
CERTAIN FISCAL IMPACT AGREEMENT IN
CONNECTION WITH THE ADOPTION OF THE
MT. VERNON CORRIDOR REDEVELOPMENT PROJECT
AND MAKING CERTAIN FINDINGS AND
DETERMINATIONS IN ACCORDANCE WITH HEALTH AND
SAFETY CODE SECTION 33401.
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
"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 Commission has previously approved the
Redevelopment Plan (the "Redevelopment Plan") for the Mt. Vernon
Corridor Redevelopment Project Area (the "project Area"); and
WHEREAS, in connection with its adoption of the
Redevelopment Plan, the Commission has previously entered into
negotiations with various affected taxing agencies for the
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purposes of mitigating or reducing any possible fiscal impacts
which maybe experienced by such affected taxing agencies through
the adoption and implementation of the Redevelopment Plan; and
WHEREAS, in accordance with Health and Safety Code
section 33401, the Agency may pay to any taxing agency with
territory located within the Project Area any amounts of money
which the Agency has found are necessary and appropriate to
alleviate any financial burden or detriment to any such taxing
agency which is caused by the implementation of the Redevelopment
Plan; and
WHEREAS, the County of San Bernardino (the "County")
and the San Bernardino County Flood Control District (the
"District"), both of which are affected taxing agencies, have
presented the Agency with satisfactory evidence that as a result
of the redevelopment of the Project Area, the County and the
District shall experience a financial burden or detriment, and
that the agreement as described herein is necessary to relieve
said financial burden or detriment; and
WHEREAS, the Agency, the County and the District deem
it desirable to enter into that certain Agreement by and among
the Agency, the County and the District, a copy of which is
attached hereto as Exhibit "A" and incorporated herein by this
reference, which provides for the pass through of certain tax
increment amounts by the Agency to the County and the District as
more fully described in said Agreement; and
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WHEREAS, new development within the Project Area will
necessitate the development of new facilities and the provision
of services by the County and the District in order to provide
existing levels of service and the existing facilities and
services funding is insufficient to provide for the acquisition,
construction and installation of such facilities and the
provision of such services; and
WHEREAS, as a resul t of the redevelopment of the
Project Area the population within the boundaries of the Project
Area is expected to increase; and
WHEREAS, the County and the District must provide new
facilities and services to respond to population growth within
their respective boundaries which facilities and services are
often funded by State or local funds and which funds are limited
and not always available to the County and the District when
needed; and
WHEREAS, the County and the District have requested the
Agency to relieve the financial burden and detriment caused by
the implementation of the Redevelopment Plan pursuant to the
terms of the Agreement attached hereto; and
WHEREAS, the County and the District have presented
evidence to the Agency that as a result of the implementation of
the Redevelopment Plan they will suffer a financial burden or
detriment; and
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WHEREAS, the County and the District are desirous of
cooperating with the Agency so that the Redevelopment Plan may be
implemented, and, accordingly, the parties have provided for the
allocation of tax increment revenues as set forth in the
Agreement.
NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION
ACTING ON BEHALF OF THE REDEVELOPMENT AGENCY OF THE CITY OF
SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER AS
FOLLOWS:
section 1.
The above Recitals and each of them are
true and correct and the action taken pursuant to this Resolution
is based upon the facts stated in said Recitals.
section 2. wi th respect to the County and the
District, the Agency hereby finds that:
(1) That the County and the District have presented
substantial evidence to the Agency which has been considered by
the Agency;
(2) That as a result of the implementation of the
Redevelopment Plan the county and the District shall experience
a financial burden or detriment due to the need to provide more
extensive facilities and services and upgraded improvements; and
III
III
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(3) That the Agreement referenced in the Recitals
herein provides for a method of the allocation of certain tax
increment revenues between the Agency, the County and the
District which is necessary to alleviate said financial burden
and detriment suffered by the County and the District.
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17 I I I
18 I I I
19 III
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section 3. The Agency hereby finds and determines
that the above referenced Agreement has been prepared in
accordance with the provisions of Health and Safety Code section
33401, and the Agency hereby approves said Agreement attached
hereto as Exhibit "A". The Chairman and the Agency Secretary are
hereby expressly authorized and directed, to execute said
Agreement upon adoption of this Resolution, subject to such
changes, addi tions or deletions as may be recommended by the
Agency Counsel and approved by the Agency Administrator for the
intended transaction contemplated therein.
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RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF
SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE EXECUTION OF A
CERTAIN FISCAL IMPACT AGREEMENT IN CONNECTION WITH THE ADOPTION
OF THE MT. VERNON CORRIDOR REDEVELOPMENT PROJECT AND MAKING
CERTAIN FINDINGS AND DETERMINATIONS IN ACCORDANCE WITH HEALTH AND
SAFETY CODE SECTION 33401.
section 4. This Resolution shall take effect upon
the date of its adoption.
I HEREBY CERTIFY that the foregoing Resolution was duly
adopted by the Community Development Commission of the City of
San Bernardino at a
Regular
meeting
thereof, held on the
6
day of
April
1992, by the following vote, to wit:
13 commission Members:
ABSENT
AYES
NAYS
ABSTAIN
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ESTRADA
REILLY
HERNANDEZ
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
x
x
x
----x-
----x-
x
x
r
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24 Approved as to
form and legal content:
25 By: 0tA__- S~J./Z.11
26 /~~e~
HENDERSON
day of
The foregoing resolution
April , 1992.
6
mb
Communi y
commission of the
City of San Bernardino
)
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SBEO\OOOl \DOC\S66
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STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I , KENNETH J. HENDERSON Secretary of the Communi ty
Development Commission 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. 5328 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 City of San Bernardino this 6 day of
April , 1992.
he
lopment Commission
San Bernardino