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HomeMy WebLinkAbout1980-183 San Bernardino y 60 ,.005-47-3 RESOLUTION NO. ' RESOLUTION OF THE TV�YQI, AND COrIMQN COUNCIL of THE CITY OF SAN BERNARDINO DECLARING THE NECESSITY, TO MAKE CIL NGES IN THE PARKING FACILITIta IN THE CENTRAL CITY PARKING DISTRICT FOR THE PUF_PQSE OF ENCOURAGING REDEy-ELOPMENT AND OID,F.R- ING THE CHANGES' VMREAS,' pursuant to Qrdi.nance No. 3589 , as amended, hereinafter referred to as the "Off-Street Parking Ordinance" , the Mayor and Common Council of the City of San Bernardino (the "City") adopted, in December, 1976, Resolution No. 12613 entitled; "Resolution of the City of San Bernardino Declaring the Necessity to Form a Parking Improvement District, Ordering the Forma - on of Said Parkia�g Irnp 0 eme nt District, and Confirming the Assessments Thereon" , pursuant to which the Central City Parking District (the "District") was formed in accordance with Alternative III of the Off-Street Parking Ordinance, which District is all that part of the City having exterior boundaries o;� 2nd Street, 5th Street extended to Church Street between "F" and "D" Streets, "G" Street and Arrowhead Avenue; and WHEREAS, in said Resolution No. 12613 , the City found that the public interest, convenience and necessity C73<-1 (ap) 5/1/80 j SB 2jgd Parking 60 ,005-47--1 . required the formation of a parking improvement district for the accomplishment of any and all of the purposes set forth in Section 2 of the Off-Street Parking Ordinance, whether by lease or otherwise, including, but not limited to, certain described improvements and the acquisition of land, rights- of-way, and easements necessary therefor (the "Parking Vacilities"j ; and WHEREAS, it was found and determined that such Parking Facilities would benefit all of the land within the District; and WHEREAS, the City and Redevelopment Agency of the City of San Bernardino (the "Agency") entered into a Parking Facilities Lease, dated for convenience as of February 1, 1977 (the "Lease") , pursuant to which the City agreed to pay rent to the Agency for the Parking Facilities (the "Project") , the development and/or acquisition of which were initially to be financed by the proceeds of lease revenue bonds to be issued by the Agency and which Project was to constitute part of the Parking Facilities for which assessments could be levied within the District; and WHEREAS, the Agency issued $1,950 ,000 Parking Facilities Lease Revenue Bonds, Issue of 1977, for such purpose pursuant to Resolution No. 3349 ;: and -2- C73-2 (ic) 511180 E b-b 'zna harking. 60 ,005-47--2 WHEREAS, the City has levied annual ad valorem assessments on all the land within the District to provide moneys for any or all of the purposes set forth in Section 2 of the Off-Street Parking Ordinance including the payment of all or any part of the costs and expenses of providing parking spaces in the form of rental payments to the Agency for the Project under the Lease; and WHEREAS, the Agency is the owner of Parcels 134-131-06 and 15, located within the Central City North Redevelopment Project Area, and which is under lease to the City for the District under the Lease; and WHEREAS, the Agency is desirous of relocating the Social Secur� d A �di__istration in a building within the downtown area of the City of San Bernardino so as to best serve the citizens of the community; and WHEREAS, the U.S. General Services Administration ("GSA") has agreed to the relocation of the Social Security Administration to and on said Parcels 134-131-06 and 15; and WHEREAS, GSA is presently under contract with Shane Realty for the development of a building for the Social Security Administration on property owned and being acquired -3- C73--3 (icy . 5/1180 ban sernaraino 60 ,005-47-4 by Shane Realty identified as Parcels 140-291-10 and 11, located on the northeast corner of 7th and Arrowhead Avenues; and WHEREAS, Parcels 140-291-10 and 11 are located within the City of San Bernardino 's Central City North Expansion Survey Area; and WHEREAS, it is the intent of this Resolution to effectuate the exchange of Agency owned Parcels 134-131-06 and 15 for Parcels 140-291-10 and 11, currently located within the Central City North Expansion Survey Area, for the development of a building for the Social Security Administration within the downtown area; and WHEREAS, the City will agree to provide on behalf of Shane Realty fourteen (14) parking spaces for special use by the Social Security Administration, in order to meet the net parking requirements of the building to be constructed. The City further will agree to provide six (6) additional parking spaces for the Social Security Admini- stration site; and WHEREAS, this exchange and the location of the Social Security Administration Building on this new site -4- B81-9 (gl) 5/1/80 a b0 ,DO5-47-4 will result in approximately twenty-eight (28) parking spaces being removed from the District and the City will acquire such land as will enable the replacement of such number of spaces removed from the District on a Alone (1) for one (1) basis"; and WHEREAS, the Agency is to sell said Parcels 140-291-10 and 11 and, use the proceeds of such sale, to- gether with any other legally available funds received from the City, if necessary, to replace the approximately twenty- eight (28) spaces that have been removed from the District (the "Replacement Facilities") ; and WHEREAS, subsection (p) of Section 6 .of the Off- Street Parking Ordinance provides as follows : " (p) Disposition of Property . The Mavor and Common Council, subject to the provisions of the City Charter, may deter- mine that any parcel of property, or any improvements, extentions or replacements thereof or additions thereto, either acquired from the proceeds of the bonds or leased to the City with rents therefor derived from assessments levied pursuant to this ordinance, are no longer needed for off-street parking purposes or such facilities may be otherwise better pro- vided. Subject to the provisions of the City Charter, and any restriction in the resolution providing for the issuance of any outstanding bonds relating to the -5- B81-10 (gl) 5/1/80 .5an Bernardino 60 ,'005--47-°4 facilities involved, the property may thereafter be sold, leased or otherwise disposed of, either during or after the term of the bonds and. the proceeds placed in a fund as designated by the Mayor and Common Council and used for the purposes of this off-Street Parking Ordinance" and WHEREAS, Section 15 of the Lease provides , in applicable part, as follows : "The Agency may, however, with the consent of the City, retire or remove a Portion or portions of the Leased Pre- mises from the operation of this Lease; in which event, the Agency shall, at its option, (1) substitute for said portion or portions of the Leased Premises facilities of a like kind and nature, providing substantially the same number of parking places in an area at least as equally advantageous to the purposes of the City as the portion removed, as determined by an opinion of an Inde- pendent Engineer .(as more particularly described in the Resolution) , all to the end that Base Rental hereunder will not be reduced, or (2) . and WHEREAS, the Mayor and Common Council of the City adopted, on April 7, 1980 , a resolution declaring their intention to remove parking places from the District and setting and directing publication of notice of a time and date of a public hearing; and -6- B81-11 (gl) San Bernardino 60 ,005--17--3 WHEREAS, said Resolution set 4 :00 P.M. on May 5 , 1980 ,. and the Council Chambers, City Hall , 300 North "p" Street,. San Bernardino, California, 92418, as the time and place for a public hearing on any matters material, to dues" bons arising from said Resolution` and WHEREAS, notice of the public hearing was posted, published and mailed, as shown by the affidavits on file with the Mayor and Common Council; and WHEREAS, at the time and place so faxed a public hearing has been duly held by the Mayor and Conumon Council, at which all reports have been duly presented, and all persons desiring to be heard on any matters material to ClUestions arising from said proposed exchange and replace- ment have been heard and this Mayor and Common Council have given all persons present an opportunity to be heard on any such matters; and WHEREAS, at such hearing, the report prepared by an Independent Engineer concerning compliance with Section 15 of the Lease was presented; and WHEREAS, the Mayor and Common Council have reviewed all of the information they need and are fully advised in the premises. --7-- C88-4 Cap) 5/1/80 tits Lnd varxing 60,005-4"7-.2 NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE MAYOR AND COM14ON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS : Section 1. Public Hearing. That said public hearing has been duly held; that each and every step in the proceedings prior to and including said public hearing has been duly and regularly taken. Section 2 . Replacement Facilities . That, pursuant to Section 6 (p) of the Off-Street Parking Ordinance, it is hereby determined that said Parcels 134-131-06 and 15 are no longer needed for off-street parking purposes and that. such may be otherwise better provided by Replacement Facilities from within the blacks on which they are located or from adjacent- blocks; provided, however, that such Replacement Facilities shall be of a like kind and nature, providing substantially the same number of parking places in an area at least as equally advantageous to the purposes of the City as the portion removed, and the City Officials and staff are hereby directed to cooperate with the Agency in the acquisition and/or development of such Replacement Facilities as they are needed, and to arrange that such Replacement Facilities are made available as early as is reasonably practicable . -8- B81-4 (g1) 5/1/80 60;Q.05-47-2 Section 3. Capital Cost Unchanged. That the capital cost to the District of -the Replacement Facilities shall be zero, as they are to be provided, parking space for parking space, on a "one (1) for one (1) basis " - from other funds of the City and not through assessments levied pursuant to the Off-Street Parking Ordinance. Section 4 . Bonded Debt Unchanged. That the bonded debt of the Agency for the Project as modified by the Replace- ment Facilities shall remain unchanged. Section 5. District Unchanged. That the District to be benefited by the Parking Facilities as modified by the Replacement Facilities and to be assessed to pay the costs and expenses thereof is not to be changed and is the Central City Parking District, which is all that part of the City of San Bernardino, having the exterior boundaries of 2nd Street, 54L-h Street extended to Church Street between "F" and "D" Streets, "G" Street and Arrowhead Avenue . Reference is hereby made to the map which was part of the proceedings for the formation of the District, for a full and complete description of the District. -9- B86-11 (gl) K/i /an i 60 ,005-47-1 . Section 6 . Assessment Basis Unchanged. That, since the increased cost to the District of the Replacement Facilities shall be zero, the basis for the assessments to holders of title to taxable land within the District shall not be affected solely by the modifications which are the subject matter of this Resolution. Section 7 . Compliance with Lease. Pursuant to Section 15 of the Lease, the City hereby consents. to the Agency making the substitution of the Replacement Facilities, as provided herein, and hereby determines and orders that the Base Rental paid by the City under the Lease shall not be reduced. Section 8 . Certain Facilities Subject to Lease. The Parking Facilities under the Lease changed by substitut- ion of Replacement Facilities for certain portions of the Project shall be governed by the provisions of the Lease. r • Section 9. Assessment Method. That an annual ad valorem assessment shall continue to be levied in the same manner as in the past on all taxable land within the District. -10- B81-6 (gl) 5/1/80* I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a ,J� , meeting thereof, held on the day of 1980 , by the following vote, to-wit : AYES : Councilmen i NAYS : ABSENT: City Clerk The foregoing resolution is hereby approved this day of 1980 . y, a r .bf h CXty of San Bernardino Approved as to form: — X4& City Att rney LAW OFFICES OF JAMES WARREN BEEBE A LAW CORPORATION AREA CODE 213 SUITE 1892 CROCKER BANK PLAZA TELEPHONE 680-1406 611 WEST SIXTH STREET LOS ANGELES, CALIFORNIA 90017 REFER TO FILE NO. May 1 , 1980 60 ,005-47-2 Mr. Marshall Julian City Administrator City of San Bernardino 300 'North "D" Street San Bernardino, California 92418 Attention: Mr. Tom Crawford Dear Tom: Enclosed is the Resolution to authorize the exchange under the Parking Facilities Lease and the Reso- lution for the issuance of the $1,950 ,000 Parking Facilities Lease Revenue Bonds, Issue of 1977. At the hearing, the Engineers ' Report required by Seaton 15 of the Par�inq Fa' acilities Lease should be presented. We understand that it has been prepared. The reports required to comply with Health and Safety Code Sections 33431 and 33433 should likewise be Presented. At the close of the hearing, when the various resolutions are adopted, the enclosed Resolution should come in appropriate order. Mr. Prince should advise as to compliance with Charter Section 40 (a) - appraisal, 5j7ths vote, etc. Messrs. Prince and Flory have prepared (or reviewed) all of the necessary documents for the exchange, excluding the enclosed Resolution. They should advise as to the necessity of complying with Health and Safety Code Section 33445. It would be appreciated if you would check the references in the enclosed Resolution. They have been proofed, but if an error has crept in, it should be corrected. LAW OFFICES OF JAMES WARREN BEEBE A LAW CORPORATION Mr. Marshall Julian May 1, 1980 Page Two Please note that the Replacement Facilities are required to be provided as soon as reasonably practicable. Please let us know if we can be of further assistance. Cordially yours, d/1424 G James Warren Beebe JWB/ap Encls. cc : Mayor W. R. Holcomb Mr. Ralph E. Shadeal , Jr. Ralph H. Prince, Esq. William A. Flory, Esq.