HomeMy WebLinkAbout1991-084
SBEOOOOI-362/3590S/dc
04/30/90 0400
RESOLUTION NO. 91-84
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO, CALIFORNIA, MAKING
FINDINGS AND DETERMINATIONS AS TO THE BENEFIT OF
CERTAIN PUBLIC RIGHT-OF-WAY IMPROVEMENTS FOR THE
TRI-CITY REDEVELOPMENT PROJECT AREA (NINTH STREET
UNDERGROUNDING PROJECT)
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
IIAgency"),
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 I 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 Counci I 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 wi thin or without the
boundaries
of
a
redevelopment
project
area
if
the Counci I
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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 Agency, and (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
WHEREAS, the City and the Commission have
approved and adopted the Redevelopment Plan for the
Redevelopment Project (the "Redevelopment Plan"); and
previously
Tri-City
WHEREAS, it is in the interests of the present landowners
within the project area subject to the Redevelopment Plan (the
"Proj ect Area") and the residents, both wi thin the Proj ect Area and
within the City generally, that the City causes the construction and
installation of certain public right-of-way improvements which
include the undergrounding of utility lines and related landscaping
to a portion of Ninth Street located in proximity to the Project
Area (the "Public Right-of-Way Improvements"); and
WHEREAS, Ninth Street is a major east-west arterial running
through and providing access to and from one of the subareas
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comprising the the Project Area and its improvement is necessary in
order to ensure the health, safety and welfare of Project Area
residents and specifically the occupants of said subarea; and
WHEREAS, development of the Public Right-of-Way
Improvements will cause the development of the Ninth Street
right-of-way to be undertaken in a manner consistent with the goals
of the Redevelopment Plan and will assist in the elimination of
blighting conditions that would otherwise exist on such right-of-way
in proximity to the Project Area; and
WHEREAS, the development of the Public Right-of-Way
Improvements will also create safer traffic conditions and will
improve the aesthetic conditions in and around the Project Area
which in turn will make the Project Area more desirable for
development thereby benefiting said Project Area; and
WHEREAS, Ninth Street also serves as a major arterial
providing access to several other project areas of the Agency and
its improvement in accordance with the goals of the Redevelopment
Plan will help eliminate blight and provide safer traffic
circulation conditions which in turn will benefit such other project
areas of the Agency; 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 Area and neighboring areas; and
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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 and construction of the Public
Right-of-Way Improvements.
NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO, CALIFORNIA, DO HEREBY FIND, RESOLVE, DETERMINE AND
ORDER AS FOLLOWS:
Section 1. The Reci ta Is hereinabove are
correct and are incorporated herein by this reference.
true
and
Section 2. The Counci 1 consents to the payment by the
Agency of the costs of the Public Right-of-Way Improvements to be
constructed in proximity to the Project Area which are of benefit to
such Project Area and other neighborhoods and project areas 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 installation and construction of the Public
Right-of-Way Improvements is presently available to the City or the
Agency and that the City and the Agency require the use of revenues
generated from the Project Area and other project areas of the
Agency in order to fund the construction and installation of the
Public Right-of-Way Improvements.
Section 3. The provision of the Public Right-of-Way
Improvements will improve traffic safety and aesthetic conditions in
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and around the Project Area and other project areas of the Agency
thereby making the Project Area more desirable for development which
wi 11 in turn help eliminate blight wi thin such proj ect Area 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
consideration in connection with appropriate action
Commission for
by that body.
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Section 5.
This Resolution shall take effect upon the
date of its adoption.
I HEREBY
adopted by the
San Bernardino at
held on the 11th
the following vote,
CERTIFY that
Mayor and
a n adjourned
day of
to wit:
the foregoing
Common Counci 1
regular
March
resolution
of the
meeting
was duly
Ci ty of
thereof,
1991, by
AYES:
Council Members Estrada, Reilly, Flores, Maudsley, Minor,
NAYS:
ABSENT:
day of
The foregoing
March
resolution is hereby approved thi
, 1991.
Pope-Ludlam, Miller
None
None
~l<<'..{__f'.c_ c A "1t-)Cr\.'._~/
Cit Clerk '- . '1
, all/J
,/' / /
Approved as to form and legal content:
JAMES F. PENMAN
City Attorney
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13th
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