HomeMy WebLinkAbout1994-5390
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RESOLUTION NO. ~1qO
RESOLUTION OF THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF SAN BERNARDINO,
CALIFORNIA, AUTHORIZING THE EXECUTION OF A
CERTAIN IMPLEMENTATION AMENDMENT TO
AGREEMENT WITH THE SAN BERNARDINO COMMUNITY
COLLEGE DISTRICT 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
19 24} commencing with Section 33000 of the Health and Safety Code
20 of the State of California (the "Act"); and
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22 WHEREAS, the Commission has previously approved the
23 Redevelopment Plan {the "Redevelopment Plan"} for the Mt. Vernon
24 Corridor Redevelopment project Area {the "Project Area"}; and
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WHEREAS, in connection with its adoption of the
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27 Redevelopment Plan, the Commission has previously entered into
28 negotiations with various affected taxing agencies for the
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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
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5 WHEREAS, in accordance with the former provisions of
6 Health and Safety Code Section 33401, the Agency was authorized
7 to enter into agreements to pay to any taxing agency wi th
8 territory located within the Project Area any amounts of money
9 which the Agency found were necessary and appropriate to
10 alleviate any financial burden or detriment to any such taxing
11 agency which is caused by the implementation of the Redevelopment
12 Plan; and
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14 WHEREAS, the San Bernardino Community College District
15 (the "District") which is an affected taxing agency, has
16 previously presented the Agency with satisfactory evidence that
17 as a resul t of the redevelopment of the proj ect Area, the
18 District would experience a financial burden or detriment, and
19 accordingly entered into a agreement dated October 10, 1990 (the
20 "Prior Agreement"), which Prior Agreement was deemed necessary
21 to relieve said financial burden or detriment; and
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23 WHEREAS, the Agency and the District deem it desirable
24 to enter into that certain Implementation Amendment to Agreement
25 by and between the Agency and the District, a copy of which is
26 attached hereto as Exhibit "A" and incorporated herein by this
27 reference, which clarifies and enables implementation of the
28
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provisions of the Prior Agreement, all as more fully described in
said Implementation Amendment to Agreement; and
WHEREAS, new development within the Project Area will
necessitate the development of new facilities and the provision
of services by 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 District must provide new facilities and
services to respond to population growth within its boundaries
which facilities and services are often funded by State or local
funds and which funds are limited and not always available to the
District when needed; and
WHEREAS, the District has previously requested the
Agency to relieve the financial burden and detriment caused by
the implementation of the Redevelopment Plan pursuant to the
terms of the Prior Agreement and now seeks to cause the
implementation of said Prior Agreement through the execution of
the Implementation Amendment to Agreement attached hereto; and
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WHEREAS, the District has presented evidence to the
Agency that as a result of the implementation of the
Redevelopment Plan it will suffer a financial burden or
detriment; and
WHEREAS, the District is 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 Prior Agreement and
the Implementation Amendment to 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.
hereby finds that:
With respect to the District, the Agency
(1) That the District has 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 District shall experience a financial
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burden or detriment due to the need to provide more extensive
facilities and services and upgraded improvements; and
(3) That the Implementation Amendment to Agreement
referenced in the Recitals herein and the Prior Agreement provide
for a method of the allocation of certain tax increment revenues
between the Agency and the District which is necessary to
alleviate said financial burden and detriment suffered by the
District.
Section 3. The Agency hereby finds and determines
that the Prior Agreement and the above referenced Implementation
Amendment to Agreement has been prepared in accordance with the
prior provisions of Health and Safety Code Section 33401, and the
Agency hereby approves said Implementation Amendment to Agreement
attached hereto as Exhibit "A". The Chairman and the Agency
Secretary are hereby expressly authorized and directed, to
execute said Implementation Amendment to Agreement upon adoption
of this Resolution, subject to such changes, additions 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 IMPLEMENTATION AMENDMENT TO AGREEMENT WITH THE SAN
BERNARDINO COMMUNITY COLLEGE DISTRICT 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
7
day of
March
thereof, held on the
1994, by the following vote, to wit:
ABSENT
commission Members:
ABSTAIN
NAYS
AYES
X
-L
-L
-L
-L
-L
-L
NEGRETE
CURLIN
HERNANDEZ
OBERHELMAN
DEVLIN
POPE-LUDLAM
MILLER
day of
seY~~l.
Kenneth J. Henderson
The foregoing resolution is hereby approved this
March , 1994. . _~.. (
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jeYFl/l //
Tom M1nor, Cha1rman
Community Development
Commission of the
City of San Bernardino
7
Approved as to
form and legal content:
By:
Agency Counsel
SBEO\OOOl \DOC\740
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