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HomeMy WebLinkAbout1993-5379 .~...... {r');o'~~.'~ ',,-, ll-'~~4~ '- 1 2 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 RESOLUTION NO. 5379 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE EXECUTION OF A CERTAIN FISCAL IMPACT AGREEMENT WITH THE COUNTY SUPERINTENDENT OF SCHOOLS 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 - 1 - '- 1 purposes of mitigating or reducing any possible fiscal impacts 2 which may be experienced by such affected taxing agencies through 3 the adoption and implementation of the Redevelopment Plan; and 4 5 WHEREAS, in accordance with Heal th and Safety Code 6 section 33401, the Agency may pay to any taxing agency with 7 territory located within the Project Area any amounts of money 8 which the Agency has found are necessary and appropriate to 9 alleviate any financial burden or detriment to any such taxing 10 agency which is caused by the implementation of the Redevelopment 11 Plan; and 12 13 WHEREAS, the County Superintendent of Schools (the 14 "Superintendent") which is an affected taxing agency, has 15 presented the Agency with satisfactory evidence that as a result 16 of the redevelopment of the project Area, the Superintendent 17 shall experience a financial burden or detriment, and that the 18 agreement as described herein is necessary to relieve said 19 financial burden or detriment; and 20 21 WHEREAS, the Agency and the Superintendent deem it 22 desirable to enter into that certain Agreement by and between the 23 Agency and the Superintendent, a copy of which is attached hereto 24 as Exhibit "A" and incorporated herein by this reference, which 25 provides for the pass through of certain tax increment amounts by 26 the Agency to the Superintendent as more fully described in said 27 Agreement; and 28 III " ~ - 2 - - 1 WHEREAS, new development within the Project Area will 2 necessitate the development of new facilities and the provision 3 of services by the Superintendent in order to provide existing 4 levels of service and the existing facilities and services 5 funding is insufficient to provide for the acquisition, 6 construction and installation of such facilities and the 7 provision of such services; and 8 9 WHEREAS, as a resul t of the redevelopment of the 10 project Area the population within the boundaries of the Project 11 Area is expected to increase; and 12 13 WHEREAS, the Superintendent must provide new facilities 14 and services to respond to population growth within its 15 boundaries which facilities and services are often funded by 16 State or local funds and which funds are limited and not always 17 available to the superintendent when needed; and 18 19 WHEREAS, the Superintendent has requested the Agency to 20 relieve the financial burden and detriment caused by the 21 implementation of the Redevelopment Plan pursuant to the terms of 22 the Agreement attached hereto; and 23 24 WHEREAS, the superintendent has presented evidence to 25 the Agency that as a resul t of the implementation of the 26 Redevelopment Plan it will suffer a financial burden or 27 detriment; and 28 III I'" ,'" '- - 3 - - .#,""-t"', ~ 1 WHEREAS, the Superintendent is desirous of cooperating 2 with the Agency so that the Redevelopment Plan may be 3 implemented, and, accordingly, the parties have provided for the 4 allocation of tax increment revenues as set forth in the 5 Agreement. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. with respect to the Superintendent, the Agency hereby finds that: (1) That the Superintendent has presented substantial evidence to the Agency which has been considered by the Agency; (2) That as a resul t of the implementation of the Redevelopment Plan the Superintendent shall experience a financial burden or detriment due to the need to provide more extensive facilities and services and upgraded improvements; and (3) That the Agreement referenced in the Recitals herein provides for a method of the allocation of certain tax - 4 - .~" 1 2 3 4 5 section 3. The Agency hereby finds and determines 6 that the above referenced Agreement has been prepared in 7 accordance with the provisions of Health and Safety Code 8 Section 33401, and the Agency hereby approves said Agreement 9 attached hereto as Exhibit "A". The Chairman and the Agency 10 Secretary are hereby expressly authorized and directed, to 11 execute said Agreement upon adoption of this Resolution, subject 12 to such changes, additions or deletions as may be recommended by 13 the Agency Counsel and approved by the Agency Administrator for 14 the intended transaction contemplated therein. 15 I I I 16 I I I 17 I I I 18 I I I 19 I I I 20 III 21 III 22 III 23 III 24 III 25 III 26 III 27 III 28 III increment revenues between the Agency and the Superintendent which is necessary to alleviate said financial burden and detriment suffered by the superintendent. p;";~ '- - 5 - SEP 1 "'93 11:14RM c ,~, '",- c P.2 1 2 8 4 5 8 7 8 9 10 11 12 13 14 16 16 17 18 19 20 21 22 23 24 15 26 21 28 RBSOUJ'l'I:ON OF TaB COMKUN'ITY DEVEt.OPIIEN'l' COIllaSSXON' OF mB CITY OF SAN BBRNAaDIltO, CALIFORNIA, ACTHORIZING THB EXBct7.I!:ION' OF A CBa'tADI FISCAL IHPACT AGRBBKBNT WI'l'H TH1C COtJ1tTY SUPDI.N'rBlCDBWl' OF SCHOOLS IN ~.ION WJ:m THE ADOPTZOB OF THE KT. VDRON CORRmOR RBDBVELOPHDl'r PROJBCT AND HAKDfG CEM'A.IN FINDINGS AND DM'3RKINATIONS Dt ACCORDANCE lU'l'H HBAL'l'B AND SAFETY CODE SECTION 33401. saat.ion ... '!'his Resolution shall take effect upon the da~ of 1~. adoption. I IIBRBBY CERTIFY ~hat the foregoinv Resolution was duly . ed-opted by 'the C01II1Ilunity Development commission ot the City of Joint Regular meet.ing' San aernarciillo at. a thereof, held on 'the September 20 day of 1993, by the fOllowin9 vote, to wit: Commission Members~ aD! DXa 6BSTA7N ABSENT clay of x -r --X - ....lL.. --X- -X- -"- ~enderson The foreqoinq J:'esolut;i.on i8 hereby approved this September ,1993 -#4" ~~ 'rea K n, :LrJI&n COJlllNllity Develop1llent commie.loD of 'the city of San Bernardino IfBGUTS c:u.aLIN RBRNANDEZ OBDHBtKAN DEVLIN POPB-LCDLAK KILLo. 20 - 6 -