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RESOLUTION NO. 95-97
RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA,
MAKING FINDINGS AND DETERMINATIONS AS TO THE
BENEFIT TO VARIOUS REDEVELOPMENT PROJECT
AREAS OF CERTAIN PUBLIC RIGHT-OF-WAY
IMPROVEMENTS
WHEREAS, the City of San Bernardino, California (the
8 "City"), is a municipal corporation and a charter city duly
9 created and existing pursuant to the constitution and the laws of
10 the State of California (the "City"); and
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12 WHEREAS, the Community Development Commission of the
13 City of San Bernardino (the "Commission") on behalf of the
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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, 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 Council determines: (1) that such buildings, facilities,
structures or other improvements are of benefit to the
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redevelopment project area or the immediate neighborhood in which
the project is located, regardless of whether such improvement is
within another project area, or in the case of a project area in
which substantially all the land is publicly owned that the
improvement is of benefit to an adjacent project area of the
Agency, (2) that no other reasonable means of financing such
buildings, facilities, structures or other improvements is
available to the community, and (3) that the payment of funds for
the cost of the facilities, structures or other improvements will
assist in the elimination of one or more blighting conditions
inside the project area and such determination by the Agency and
the Council shall be final and conclusive; and
WHEREAS, the City and the Commission have previously
approved and adopted Redevelopment Plans (collectively
hereinafter referred to as the "Redevelopment Plans") for various
redevelopment project areas within the City which project areas
include: the Meadowbrook-Central City Project Area, Central City
North Project Area, Central City East Project Area, Central City
South Project Area, Central City West Project Area, Tri-Cities
Project Area, Southeast Industrial Park Redevelopment Project
Area, South Valle Project Area, State College Project Area,
Northwest Project Area and the Mt. Vernon Project Area; and
WHEREAS, it is in the interests of the present
landowners within the project areas subject to the Redevelopment
Plans (collectively the "Project Areas") and the residents, both
within the Project Areas and within the City generally, that the
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Agency causes the installation and construction of certain right-
of-way improvements including curbs, gutters, handicap ramps,
landscaping improvements and striping for the Court Street right-
of-way between "E" Street and Arrowhead Avenue in the City (the
"Public Right-of-Way Improvements"); and
WHEREAS, the Project Areas presently suffer from a high
degree of impaired investments and depreciated values which
conditions are being exacerbated by the lack of economic
opportunities within the Project Areas; and
WHEREAS, in order to ensure continued investment in the
Project Areas, residents and occupants of the Project Areas, and
the City generally are having to avail themselves of economic
opportunities in the central business district as well as
services provided in the central business district; and
WHEREAS, the Public Right-of-Way Improvements provide
much safer access, egress and parking conditions in the central
business district of the City of San Bernardino which district is
used by the patrons of City Hall, as well as members of the
general public who avail themselves of the goods and services
provided in the central business district; and
WHEREAS, the Public Right-of-Way Improvements are
located within a portion of the central city area of the City of
San Bernardino which is within a Project Area and in close
proximity to several other Project Areas, which suffers from
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inadequate and deteriorating parking facilities and which area is
used by residents and occupants of the Project Areas who rely on
the provision of civic services and/or services provided by the
City or who pursue employment opportunities in the central
business district; and
WHEREAS, the Court Street right-of-way not only
provides access to the City Hall facilities but is also adjacent
to the Superior Court Buildings and the County Administration
Center and as such is frequently used by occupants of the Project
Areas; and
WHEREAS, the improvement of existing right-of-ways in
the downtown area of the City, wherein residents of the Project
Areas and the City generally may avail themselves of civic and
commercial services, will provide a benefit for the Project Areas
and the residents of the adjacent neighborhoods who participate
in activities or who are employed in the downtown area; and
WHEREAS, the construction of the Public Right-of-Way
Improvements will create safer traffic conditions in the downtown
areas which are used by residents of the Project Areas which in
turn will make the City, including the Project Areas, more
desirable for residential and other development thereby
benefiting said Project Areas; and
WHEREAS, by making the Project Areas more desirable,
the incentives for economic reinvestment in the Project Areas
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will increase as will property values, thereby contributing to
the elimination of existing blighting conditions in the Project
Areas; and
WHEREAS, in order to promote the City's health, safety
and welfare, it is important that the Public Right-of-Way
Improvements be financed in order to ensure the orderly
development of the Project Areas and neighboring areas; and
WHEREAS, it is appropriate at this time for the Council
to make certain findings and determinations and take certain
action with respect to the construction of the Public Right-of-
Way Improvements.
NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER
AS FOLLOWS:
Section 1. The Recitals hereinabove are true and
correct and are incorporated herein by this reference.
Section 2. The Council approves the payment by the
Agency of the costs of the Public Right-of-Way Improvements to be
undertaken in the central business district which are of benefit
to the Project Areas and other neighborhoods within the City for
the reasons set forth in the Recitals hereinabove. The Council
also finds and determines that no other reasonable means of
financing the construction of the Public Right-of-Way
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Improvements is presently available to the City and that the City
and the Agency require the use of revenues generated from the
Project Areas in order to fund the construction of the Public
Right-of-Way Improvements. The Council further finds that the
construction of the Public Right-of-Way Improvements will enhance
the desirability of the City for economic investment which in
turn will enhance economic investment in the Project Areas
thereby eliminate existing blighting conditions in the Project
Areas.
Section 3. The construction of the Public Right -of-
Way Improvements in the downtown area will improve traffic safety
conditions in the downtown area which will make the central
business district safer for use by residents and occupants of the
Project Areas, which will thereby make the entire City and the
Project Areas more desirable for development which will in turn
help eliminate blight within the Project Areas and other areas of
the City.
Section 4. The City Clerk is hereby authorized and
directed to cause this Resolution to be transmitted to the Agency
for consideration in connection with appropriate action by that
body.
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a
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO, CALIFORNIA, MAKING FINDINGS AND DETERMINATIONS
AS TO THE BENEFIT TO VARIOUS REDEVELOPMENT PROJECT AREAS OF
CERTAIN PUBLIC RIGHT-OF-WAY IMPROVEMENTS
Section 5.
The findings 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 Mayor and Common Council of the City of
San Bernardino at a
regular
meeting
thereof, held on the
3rd
day of
April
1995, by the following vote, to wit:
Council:
AYES
NAYS
ABSTAIN
ABSENT
NEGRETE
CURLIN
HERNANDEZ
OBERHELMAN
DEVLIN
POPE-LUDLAM
MILLER
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x
--
~~
~
Clerk
The foregoing resolution is hereby approved this ~A
day of
April
~:Jt,~~
Mayor of the City of
San Bernardino
, 1995.
Approved as to
form and legal content:
JAMES F. PENMAN,
City Attorney
""',~)
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