HomeMy WebLinkAbout1995-342
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95-342
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 THE VARIOUS
REDEVELOPMENT PROJECT AREAS OF UNDERTAKING CERTAIN
IMPROVEMENTS TO THE CALIFORNIA THEATER
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 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
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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 Agency, (2) that no
other reasonable means of financing such buildings, facilities,
structures or other improvements is available to the community, and
such determination by the Agency and the Council shall be final and
conclusive, 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; 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 various project areas subject to the Redevelopment Plans
(the "Project Areas") and the residents, both within the Project Areas
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and within the City generally, that the Agency cause the funding of
certain improvements to the California Theater facility which is owned
by the Agency and which improvements are necessary to ensure municipal
code compliance and safety compliance; and
WHEREAS, the California Theater provides a full range of
social and cultural services and opportunities to the community which
services and opportunities are relied upon by residents and occupants
of the Project Areas and the City generally; and
WHEREAS, the California Theater is located within a portion
of the central city area which suffers from a lack of economic
opportunities and cultural and social services and which area is
patronized by residents and occupants of the Project Areas who pursue
the cultural and fine arts and activities and other civic services
provided by the California Theater; and
WHEREAS, the funding of the improvements to ensure the safe
and continued occupancy and use of the California Theater in the
downtown area of the City, wherein residents of the Project Areas and
the City generally may avail themselves of cultural and fine arts
services, will provide a benefit for the Project Areas and the
residents of the adjacent neighborhoods who participate in activities
or who avail themselves of the fine arts and cultural opportunities;
and
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WHEREAS, the California Theater facility is suffering from
dilapidation which has caused possible safety and code violations and
in order to promote the City's health, safety and welfare, it is
important that the Agency fund the costs of the improvement work in
order to ensure the orderly continued use of the Theater by the
residents 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 Agency's funding of the California Theater 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 improvements to the California Theater in
order to ensure its compliance with code and safety regulations which
is 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 California Theater improvements is presently available
to the City and that the City and the Agency require the use of
revenues generated from the various Project Areas in order to fund the
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California Theater improvements. The Council further finds that the
payment of the California Theater improvements will enhance the
desirability of the City for investment which in turn will enhance
viability in the Project Areas thereby eliminating existing blighting
conditions in the Project Areas.
Section 3. The Agency's funding of the California
Theater improvements in the downtown area will make the central
business district more viable through the enhancement of cultural and
fine arts opportunities and elimination of factors hindering the
economic viability of downtown buildings 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. The location of fine arts facilities in the
downtown area helps prevent the location of businesses such as liquor
stores, bars and other establishments that cater exclusively to adults
and lead to problems of public safety and welfare.
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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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, MAKING FINDINGS AND DETERMINATIONS AS TO THE
BENEFIT TO THE VARIOUS REDEVELOPMENT PROJECT AREAS OF UNDERTAKING
CERTAIN IMPROVEMENTS TO THE CALIFORNIA THEATER
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 ioint adiournen rpalll "r
meeting thereof, held on the
25th
day of September
1995, by the following vote,
to wit:
14
15 Council:
AYES
NAYS
ABSTAIN
ABSENT
NEGRETE
CURLIN
HERNANDEZ
OBERHELMAN
DEVLIN
POPE-LUDLAM
MILLER
x
X
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x
x
x
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28 By:
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day
The foregoing resolution is hereby approved this
of September , 1995.
~C-2/&. \
. ~-U~ ~tfiI"\
M~yor of the City of
San Bernardino
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