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HomeMy WebLinkAbout1995-186 - .- 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 95-186 RESOLUTION NO. 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 UNDERGROUNDING IMPROVEMENTS AND APPROVING A REIMBURSEMENT AGREEMENT 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 (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 "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, -1- 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 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 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 that no other reasonable means of financing such facilities, structures or other improvements is Agency, (2) buildings, 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 Central City North Project Area, the Meadowbrook- Central City Project Area, the Central City West Project Area, -2- , , 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 the Tri Cities Project Area, the Central City East Project, Area, the Central City South Project Area, the Southwest Industrial Park Project Area, the Mt. Vernon Corridor Project Area, the State College Project Area, the South Valle Project Area, the Northwest Project Area and the Uptown 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 Agency causes the undertaking of certain undergrounding of utilities along certain rights-of-way along Highland Avenue and adjacent to the intersection of piedmont Drive and Highland Avenue in the City (the "Undergrounding 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, Highland Avenue is a major thoroughfare which crosses the northern portion of the City and runs directly into and through the Northwest and Uptown Project Areas; and -3- 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 WHEREAS, people residing in the Project Areas, and primarily the Northwest and Uptown Project Areas, continuously use Highland Avenue for travel to and from the Project Areas; and WHEREAS, the Undergrounding Improvements provide safer traffic conditions by eliminating potential roadway hazards and further improve the aesthetic qualities of a major thoroughfare leading into and out of the Project Areas; and WHEREAS, by making the major routes leading into and out of the Project Areas, and the City generally, safer and more aesthetically pleasing, the incentives for economic reinvestment in the Project Areas 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 Undergrounding Improvements be financed in order to ensure the orderly development of the Project Areas and neighboring areas; and WHEREAS, improving the major thoroughfare throughout the City and causing the undergrounding of utilities is -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 consistent with the Implementation Plan adopted by the Agency with respect to its Project Areas; and WHEREAS, it is appropriate at this time for the Mayor and Common Council to make certain findings and determinations and take certain action with respect to the construction of the Undergrounding Improvements; and WHEREAS, the Undergrounding Improvements will be undertaken by the City subject to the reimbursement of the costs thereof by the Agency pursuant to that certain Reimbursement Agreement by and between the City and the Agency the form of which is attached hereto as Exhibit "A" and incorporated herein by this reference. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, 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 Undergrounding Improvements to be -5- 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 undertaken along Highland Avenue and adjacent rights-of-way 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 Undergrounding 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 Undergrounding Improvements. The Council further finds that the construction of the Undergrounding 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 and further, is consistent with the Agency's Implementation Plan. SECTION 3. The construction of the Undergrounding Improvements along Highland Avenue, which is a major thoroughfare leading into the Project Areas and the City, will improve traffic safety conditions in the City which will make the area safer for use by residents and occupants of the Project Areas and will improve the aesthetic quality of the Highland Avenue right-of- way, which will thereby make the entire City and the project -6- 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 Areas more desirable for development which will in turn help eliminate blight within the Project Areas and other areas of the City. Council approves the hereby The SECTION 4. Reimbursement Agreement as attached hereto as Exhibit "A" and authorizes the Mayor to execute the Agreement on behalf of the City with such non substantive changes as may be deemed appropriate by the Mayor and the City Attorney. SECTION 5. 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. III III III III III III -7- 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 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 UNDERGROUNDING IMPROVEMENTS AND APPROVING A REIMBURSEMENT AGREEMENT SECTION 6. 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 regular meeting San Bernardino at a June 5th day of thereof, held on the 1995, by the following vote, to wit: Council Members: Nl'.X.S. ABSTAIN ABSENT AYE.S. x x NEGRETE CURLIN HERNANDEZ OBERHELMAN DEVLIN POPE-LUDLAM MILLER x ----1L.. X X X ~e~ -8- .,.- 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 n k"~ I ,L The foregoing day of June resolution is hereby approved this , 1995. ~~r\J1t/tt~l-- Mayor of the City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN City Attorney B~~~ SBEO\OOOl\DOC\2086 -9- AGREEMENT REGARDING THE REIMBURSEMENT OF THE COSTS OF UNDERTAKING CERTAIN UNDERGROUNDING IMPROVEMENTS (HIGHLAND AVENUE) THIS AGREEMENT REGARDING THE REIMBURSEMENT OF THE COSTS OF UNDERTAKING CERTAIN UNDERGROUNDING IMPROVEMENTS (the" Agreement") is made this _ day of , 1995, by and between the City of San Bernardino, a municipal corporation, duly organized and established under California law (the "City") and the Redevelopment Agency of the City of San Bernardino, a redevelopment agency duly organized and operating pursuant to the provisions of the California Community Redevelopment Law (the "Agency"). RECITALS 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 (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 "Agency"). is a redevelopment agency, a public body, corporate -1- 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 Agency and City have previously caused the adoption of numerous Redevelopment Plans within the City; and WHEREAS, the Agency and City have deemed it desirable to cause the undergrounding of certain utilities (the "Undergrounding Improvements") to a portion of Highland Avenue and Piedmont Street which is located within the City of San Bernardino; and WHEREAS, the Agency has requested that the City assist in the undertaking of the Undergrounding Improvements and has deemed it desirable to fund a portion of the costs of the Undergrounding Improvements by reimbursing the City an amount not to exceed Forty Thousand Dollars ($40,000); and WHEREAS, the City and the Agency now desire to enter into this Agreement in order to accomplish the construction of the Undergrounding Improvements by the City and reimbursement by the Agency to the City of the costs thereof which will be incurred by the City. -2- NOW, THEREFORE, the City and the Agency hereby agree as follows: AGREEMENT 1 . The City agrees to cause the construction and installation of the Undergrounding Improvements. In connection with the completion of the Undergrounding Improvements, the City shall submit written evidence to the Agency regarding the City's expenditures in connection with the construction and installation of the Undergrounding Improvements. 2. Upon receipt of written evidence of the completion of the Undergrounding Improvements and the incurrence of costs in connection therewith, the Agency agrees to reimburse the City for the actual costs thereof in an amount not to exceed Forty Thousand Dollars ($40,000). -3- IN WITNESS WHEREOF, the City and the Agency have executed this Agreement on the date first above written. CITY OF SAN BERNARDINO By Secretary APPROVED AS TO FORM AND LEGAL CONTENT: By: City Attorney REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO By Acting Director Secretary APPROVED AS TO FORM AND LEGAL CONTENT: By: Agency Counsel SBEOIOOO 1 \DOC\2090 5\26\952:10 jf -4-