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HomeMy WebLinkAboutR09-Economic Development Agency o o o Ov B LOP" B II T DB P A ROB II T OF THE CITY OF SAIl BBUARD REOUEST FOR COftftISSION/COUNCIL ACTION From: KENNETH J. HENDERSON Executive Director Subject: WATERftAIl ON/OFF-RAIn' IftPROVEftElllTS FUNDIIlG Date: September 20, 1991 ------------------------------------------------------------------------------- SvnoDsis of Previous CommissionlC01mcil/Committee Action(s): On September 18, 1991, Commission Resolutions Numbered 5202 and 5203, as well as Mayor and Common Council Resolutions Numbered 89-382 and 89-383, were adopted to loan funds from the Southeast Industrial Park ?roject to the Tri-City Project for the IlO/Waterman Avenue on/off-ramp construction. ------------------------------------------------------------------------------- Recomm~ded Ration(s): (Communitv Develoument Commission) MOTIOII A: RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, CALIFORNIA, MAKING FINDINGS AND DETERMINATIONS AS TO THE BENEFIT OF UNDERTAKING CERTAIN PUBLIC IMPROVEMENTS FOR THE TRI CITY REDEVELOPMENT PROJECT AREA (WATERMAN OFF-RAMP IMPROVEMENTS). (Mavor And Common Co,ncill MOTIOII B: RESOULTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAIl BERNARDINO, CALIFORNIA, MAKING FINDINGS AND DETERMINATIONS AS TO THE BENEFIT OF UNDERTAKING CERTAIN PUBLIC IMPROVEMENTS FOR THE TRI CITY REDEVELOPMENT PROJECT AREA (WATERftAIl OFF-RAMP IMPROVEMENTS) . 1;; Administrator vn1t~ ICElOOlTII J. IIEIlD asOIl Executive Director ------------------------------------------------------------------------------- Contact Person(s): Ken Henderson/John HoeRer Phone: 5081 Project Area(s): Tri-Citv/SEIP Ward(s) : 1 and 3 Supporting Data Attached: Stsff ReDort: Resolutions: MaD Previously Amount: SADDroved Source: Bond Proceeds FUNDING REQUIREMENTS: Budget Authority: In adoDted FY 91/92 BudRet ------------------------------------------------------------------------------- CommissionlCoun~il lIotes: ------------------------------------------------------------------------------- KJH:JBH:kak:425lH CO*ISSION MEETING AGEIlDA Meeting Date: 10/07/1991 q Agenda Item No: o o o o o DBVBLOPMBIIT DBPAR'.ll'W'lT STAFF REPORT Waterman Off-RAIIID ImDrovements 1i'lI1'ndina On September 22, 1986, the Redevelopment Agency, the City of San Bernardino and Rancon Realty Funds IV and V entered into a Regional Facilities Agreement (RFA) for the construction of $50 million dollars in new development. Under the RFA, the Redevelopment Agency (Development Department) was, among other things, to pay for deaign engineering and off-ramp construction costs associated with the new WatermanJI-10 access ramps. The Commission-approved contribution to the project is $1,250,000. In 1989 Caltrans requested that a specific funding source be identified. Because the Tri-City project area lacked sufficient funds at that time, on August 7, 1989, Community Development Commission resolutions were adopted which provided that the Southeast Industrial Pa~ project area would loan funds to Tri City using the City as an intermediary. On September 18, 1989, the Community Development Commission and the Mayor and Common Council adopted resolutions necesssry to authorize this loan mechanism. The loan was designated for one (1) yesr terms, the Mayor and Executive Director were to ministerially extend the loan terms yearly as deemed appropriate. However, the construction of the off-ramp has not yet begun and the loans hsve, therefore, not been funded. Since thst time new funds have become available from bond proceeds in the Tri-City Project Area. The use of bond funds is more restricted than the use of tax increment funds, but a permitted use is public improvement, such as the Waterman Avenue/I-10 access ramps. To preserve less-restricted tax increment funds, it is now appropriate to nullify the September 18, 1989 policy actions and, in the alternative, substitute bond proceeds to pay the cost of these public improvements. The attached resolutions, which have been approved by the City Attorney and by Agency Counsel, would csrry out this substitution. On September 19, 1991, the Redevelopment Committee received this matter and recommended that it be forwarded to the Community Development Commission for approval. Staff, therefore, recommends adoption of attached Resolutions. UGN~~(~ ICEDBTII J. IIIlUl 0., Executive Director Development Department ------------------------------------------------------------------------------- KJH:JBH:kak:4251H COMIIISSIO. MBBTIlIG AGDDA Meetina Date: 10/07/1991 Agenda It_ .0: ~ -~ o o o o o 1 2 RESOLUTION NO. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, MAKING FINDINGS AND DETERMINATIONS AS TO THE BENEFIT OF UNDERTAXING CERTAIN PUBLIC IMPROVEMENTS FOR THE TRI CITY REDEVELOPMENT PROJECT AREA (WATERMAN OFF-RAMP IMPROVEMENTS) 3 4 5 6 7 8 9 the State of California (the "City"); and WHEREAS, the City of San Bernardino, California (the "City"), is a municipal corporation and a charter city duly created and existinq pursuant to the Constitution and the laws of 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, the Community Development Commission of the City of San Bernardino (the "Commission") on behalf of the Redevelopment Aqency of the City of San Bernardino (the "Aqency"), is a redevelopment aqency, a public body, corporate and politic of the State of California, orqanized and existinq pursuant to the Community Redevelopment Law (Part 1 of Division 24) commencinq with Section 33000 of the Health and Safety Code of the State of California (the "Act"); and WHEREAS, pursuant to Section 33445 of the Act, the Aqency may, with the consent of the Mayor and Common Council of the City (the "Council"), pay all or a part of the cost of installation and construction of any buildinq, facility, structure or other improvement which is publicly owned either within or without the boundaries of a redevelopment project area if the Aqency determines: (1) that such buildinqs, facilities, structures or other improvements III are of benefit to the - 1 - CJ o o o o o 1 redevelopment project area or the immediate neiqhborhood in which 2 the project is located, reqardless of whether such improvements 3 are within another project area, or in the case of a project area 4 in which substantially all the land is publicly owned that the 5 improvements are of benefit to an adjacent project area of the 6 Aqency, and (2) that no other reasonable means of financinq such 7 buildinqs, facilities, structures or other improvements is 8 available to the community, and such determination by the Aqency 9 and the Council shall be final and conclusive; and 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, the City and the Commission have previously approved and adopted the Redevelopment Plan for the Tri City Redevelopment Project (the "Redevelopment Plan"); and WHEREAS, it is in the interests of the present landowners within the project area subject to the Redevelopment Plan (the "Project Area") and the residents, both within the Project Area and within the City qenerally, that the Aqency assist in the financinq of certain public riqht-of-way improvements consistinq primarily of off-ramp improvements to the Waterman Avenue exit of the Interstate Hiqhway 10 and siqnalization and liqhtinq at the off-ramp terminus at Carneqie Drive/Hospitality Lane (the "Off-Ramp Improvements"); and WHEREAS, Off-Ramp Improvements are necessary to provide adequate freeway access to and from the Project Area and the traffic siqnal and liqhtinq improvement will help requlate traffic flow in connection with use of the Waterman off-ramp; and - 2 - 1 o o o o o 1 WHEREAS, the undertaking of the Off-Ramp Improvements 2 will improve the public rights-of-way providing traffic 3 circulation throughout the Project Area thereby making such 4 rights-of-way safer for pedestrian and vehicular traffic which in 5 turn will ensure the health, safety and welfare of residents and 6 occupants of the Project Area as well as other neighborhoods of 7 the City; and 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, in order to promote the City's health, safety and welfare, it is important that the Off-Ramp Improvements be financed in order to ensure the orderly development of areas in proximity to the rights-of-way including the Project Area and neighboring areas; and WHEREAS, the City and Agency had previoUSly attempted to arrange financing for the Off-Ramp Improvements through the establishment of a loan transaction (the "Loan") from the City to the Agency supported by revenues from the Southeast Industrial Park Redevelopment Project Area which Loan transaction was approved pursuant to Agency Resolution No. 5202 and Resolution No. 5203 and City Resolution No. 89-382 and Resolution No. 89-383 but which Loan transaction was never implemented; and WHEREAS, since the Loan was never implemented and since funding is now available from the Project Area, it is no longer necessary to rely on the Loan financing and accordingly the Council deems it desirable to rescind the terms of the Loan and its Resolution No. 89-382 and Resolution No. 89-383; and - 3 - Cj o o o o o 1 2 3 4 5 6 7 8 9 SECTION 1. The Recitals hereinabove are true and 10 correct and are incorporated herein by this reference. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, it is appropriate at this time for the Council to make certain findings and determinations and take certain action with respect to the installation of the Off-Ramp Improvements. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 2. The Council approves the payment by the Agency of the costs of the Off-Ramp Improvements to be undertaken in the Project Area which are of benefit to such Project Area and other neighborhoods within the City for the reasons set forth in the Recitals hereinabove. The Council further finds and determines that no other reasonable means of financing the undertaking of the Off-Ramp Improvements is presently available to the City and that the City and the Agency require the use of revenues generated from the Project Area in order to fund the undertaking of the Off-Ramp Improvements. SECTION 3. The provision of the Off-Ramp Improvements will improve traffic and pedestrian safety conditions in and around the Project Area for the benefit of occupants of the Project Area which will make the Project Area more desirable for development which will in turn help eliminate blight within the Project Area and other areas of the City. -4- 1 -~ o o o o o SECTION 4. The Council hereby rescinds its Resolution No. 89-382 and Resolution No. 89-383 in their entirety in order that said Resolutions be ot no further force and effect and the Council hereby further rescinds the Loan transaction as approved by said Resolutions. 1 2 3 4 5 6 7 8 9 10 11 III 12 III 13 III 14 III 15 III 16 III 17 III 18 III 19 III 20 11/ 21 III 22 III 23 III 24 III 25 III 26 III 27 III 28 III SECTION 5. The City Clerk is hereby authorized and directed to cause this Resolution to be transmitted to the Commission for consideration in connection with appropriate action by that body. - 5 - o 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 o o o o RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, MAKING FINDINGS AND DETERMINATIONS AS TO THE BENEFIT OF UNDERTAKING CERTAIN PUBLIC IMPROVEMENTS FOR THE TRI CITY REDEVELOPMENT PROJECT AREA (WATERMAN OFF-RAMP IMPROVEMENTS) Section 5. The findinqs and determinations herein shall be final and conclusive. This Resolution shall take effect upon the date of its adoption. I HEREBY CERTIFY that the foreqoinq Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meetinq thereof, held on the day of , 1991, by the followinq vote, to wit: AYES: Council Members NAYS: ABSENT : City Clerk The foreqoinq resolution is hereby approved this day of , 1991. Mayor of the City of San Bernardino Approved as to form and leqal content: JAMES F. PENMAN city Attorney BY:~ ./ SBIlOIOOOIIDOCI.Sa7\eo - 6 - -,;-"' o 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 o o o o STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, City Clerk of the city of San Bernardino, DO HEREBY CERTIFY that the foregoing and attached copy of Mayor and Common Council of the City of San Bernardino Resolution No. 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 Mayor and Common Council of the City of San Bernardino this day of , 1991. City Clerk City of San Bernardino o o o o o 1 2 3 4 5 6 7 "City"), is a municipal corporation and a charter city duly 8 9 10 11 12 13 RESOLUTION NO. RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, CALIFORNIA, MAKING FINDINGS AND DETERMINATIONS AS TO THE BENEFIT OF UNDERTAKING CERTAIN PUBLIC IMPROVEMENTS FOR THE TRI CITY REDEVELOPMENT PROJECT AREA (WATERMAN OFF-RAMP IMPROVEMENTS) WHEREAS, the City of San Bernardino, California (the created and existing pursuant to the Constitution and the laws of the State of California (the "City"); 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 14 "Agency"), is a redevelopment agency, a public body, corporate 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 stat. of California (the "Act"); and WHEREAS, pursuant to Section 33445 of the Act, the Agency may, with the consent of the Mayor and Common Council of the City (the "Council"), pay all or a part of the cost of installation and construction of any building, facility, structure or other improvement which is publicly owned either within or without the boundaries of a redevelopment project area if the Agency determines: (1) that such buildings, facilities, ~tructures or other improvements are of benefit to the III - 1 - Q o o o o 1 redevelopment project area or the immediate neighborhood in which 2 the project is located, regardless of whether such improvements 3 are within another project area, or in the case of a project area 4 in which substantially all the land is publicly owned that the 5 improvements are of benefit to an adjacent project area of the 6 Agency, and (2) that no other reasonable means of financing such 7 buildings, facilities, structures or other improvements is 8 available to the community, and such determination by the Agency 9 and the Council shall be final and conclusive; and 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, the City and the Commission have previously approved and adopted the Redevelopment Plan for the Tri City Redevelopment Project (the "Redevelopment Plan"); and WHEREAS, it is in the interests of the present landowners within the project area subject to the Redevelopment Plan (the "Project Area") and the residents, both within the Project Area and within the City generally, that the Agency assist in the financing of certain pUblic right-of-way improvements consisting primarily of off-ramp improvements to the Avenue exit of the Interstate Highway 10 and ignalization and lighting at the off-ramp terminus at Carnegie rive/Hospitality Lane (the "Off-Ramp Improvements"); and WHEREAS, ~ff-Ramp Improvements are necessary to provide dequate freeway access to and from the proj ect Area and the raffic signal and lighting improvement will help regulate raffic flow in connection with use of the Waterman Off-ramp; and - 2 - o o o o o 1 WHEREAS, the undertaking of the Off-Ramp Improvements 2 will improve the public rights-of-way providing traffic 3 circulation throughout the Project Area thereby making such 4 rights-of-way safer for pedestrian and vehicular traffic which in 5 turn will ensure the health, safety and welfare of residents and 6 occupants of the Project Area as well as other neighborhoods of 7 the City; and 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, in order to promote the City's health, safety and welfare, it is important that the Off-Ramp Improvements be financed in order to ensure the orderly development of areas in proximity to the rights-of-way including the Project Area and neighboring areas; and WHEREAS, the city and Agency had previously attempted to arrange financing for the Off-Ramp Improvements through the establishment of a loan transaction (the "Loan") from the City to the Agency supported by revenues from the Southeast Industrial Park Redevelopment Project Area which Loan transaction was approved pursuant to Agency Resolution No. 5202 and Resolution No. 5203 and city Resolution No. 89-382 and Resolution No. 89-383 but which Loan transaction was never implemented; and WHEREAS, since the Loan was never implemented and since funding is now available from the Project Area, it is no longer necessary to rely on the Loan financing and accordingly the Commission deems it desirable to rescind the terms of the Loan and its Resolution No. 5202 and Resolution No. 5203; and - 3 - --........ o o o o o 1 WHEREAS, it is appropriate at this time for the 2 Commission to make certain findinqs and determinations and take 3 certain action with respect to the installation of the Off-Ramp 4 Improvements. 5 6 7 8 9 10 11 correct and are incorporated herein by this reference. 12 13 Section 2. The Commission approves the payment by 14 the Aqency of the costs of the Off-Ramp Improvements to be 15 undertaken in the Project Area which are of benefit to such 16 Project Area and other neiqhborhoods within the City for the 17 reasons set forth in the Recitals hereinabove. The Commission 18 further finds and determines that no other reasonable means of 19 financinq the undertakinq of the Off-Ramp Improvements is 20 presently available to the city and that the City and the Aqency 21 require the use of revenues qenerated from the Project Area in 22 order to fund the undertakinq of the Off-Ramp Improvements. NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DO HEREBY FIND, RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Sect:ion 1. The Recitals hereinabove are true and 23 24 Section J. The provision of the Off-Ramp 25 Improvements will improve traffic and pedestrian safety 26 conditions in and around the Project Area for the benefit of 27 occupants of the Project Area which will make the Project Area 28 /1/ - 4 - o o o o o 1 more desirable tor development which will in turn help eliminate 2 blight within the Project Area and other areas ot the city. 3 4 5 6 7 8 9 10 11 12 13 14 / / / 15 / / / 16 / / / 17 / / / 18 / I / 19 11/ 20 / /I 21 /1/ 22 /1/ 23 /1/ 24 /1/ 25 /1/ 26 /1/ 27 /1/ 28 1// Section 4. The Commission hereby rescinds its Resolution No. 5202 and Resolution No. 5303 in their entirety in order that said Resolutions be ot no further force and effect and the Commission hereby turther rescinds the Loan transaction as approved by said Resolutions. Section 5. The Commission Secretary is hereby authorized and directed to cause this Resolution to be transmitted to the Council tor consideration in connection with appropriate action by that body. - 5 - -~.. o o o o o 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 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, CALIFORNIA, MAKING FINDINGS AND DETERMINATIONS AS TO THE BENEFIT OF UNDERTAKING CERTAIN PUBLIC IMPROVEMENTS FOR THE TRI CITY REDEVELOPMENT PROJECT AREA (WATERMAN OFF-RAMP IMPROVEMENTS) Section 6. The findinqs and determinations herein shall be final and conclusive. 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 meetinq thereof, held on the day of , 1991, by the followinq vote, to wit: Commission Members: AID HAD ABSTAIN ABSENT ESTRADA REILLY HERNANDEZ MAUDSLEY MINOR POPE-LUDLAM MILLER Secretary The foreqoinq resolution is hereby approved this day of , 1991. W. R. Holcomb, Chairman Community Development Commission of the City of San Bernardino Approved as to form and leqal By: ~~/ ~Aqency C nsel 28 SBBOIOIlOIIDOCI5OI\oo content: - 6 - o 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 o o - ~ ~ . o o STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY 01" SAN BERNARDINO ) I, Secretary of the CODlllluni ty Development CODllllission of the City of San Bernardino, DO HEREBY CERTIFY that the foregoing and attached copy of CODllllunity Development CODllllission of the City of San Bernardino Resolution No. 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 CODllllunity Development CODllllission of the City of San Bernardino this day of , 1991. Secretary of the Community Development CODllllission of the City of San Bernardino o o o ... ...... . o . , : : I , 'I I . I i o "'qS. " '. , I I . 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