HomeMy WebLinkAbout1991-186
1
2
3
4
5
RESOLUTION NO. 91-186
RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA,
MAKING FINDINGS AND DETERMINATIONS AS TO THE
BENEFIT OF CERTAIN UNDERGROUNDING
IMPROVEMENTS FOR THE STATE COLLEGE
REDEVELOPMENT PROJECT AREA
6 WHEREAS, the City of San Bernardino, California (the
7 "City"), is a municipal corporation and a charter city duly
8 created and existing pursuant to the Constitution and the laws of
9 the State of California (the "city"); and
10
11 WHEREAS, the community Development commission of the
12 City of San Bernardino (the "Commission") on behalf of the
13 Redevelopment Agency of the city of San Bernardino (the
14 "Agency"), is a redevelopment agency, a public body, corporate
15 and politic of the State of California, organized and existing
16 pursuant to the Community Redevelopment Law (Part 1 of
17 Division 24) commencing with section 33000) of the Health and
18 Safety Code of the State of California (the "Act"); and
19
20 WHEREAS, pursuant to Section 33445 of the Act, the
21 Agency may, with the consent of the Mayor and Common Council of
22 the city (the "Council"), pay all or a part of the cost of
23 installation and construction of any building, facility,
24 structure or other improvement which is publicly owned either
25 within or without the boundaries of a redevelopment project area
26 if the Council determines: (1) that such buildings, facilities,
27 structures or other improvements are of benefit to the
28 redevelopment project area or the immediate neighborhood in which
- 1 -
he project is located, regardless of whether such improvement is
ithin another project area, or in the case of a project area in
hich substantially all the land is publicly owned that the
is of benefit to an adjacent project area of the
(2) that no other reasonable means of financing such
uildings, facilities, structures or other improvements is
vailable to the community, and such determination by the Agency
nd the council shall be final and conclusive; and
1
2
3
4
5
6
7
8
9
10 WHEREAS, the city and the commission have previously
11 approved and adopted the Redevelopment Plan for the State College
12 Redevelopment Project (the "Redevelopment Plan"); and
13
14
15
16
17
18 the undergrounding of certain utility facilities in the vicinity
19 of Kendall Drive and Palm Avenue (the "Undergrounding
20 Improvements"); and
21
22 WHEREAS, the Kendall Drive right-of-way is a major
23 east-west arterial providing access to and from the Project Area
24 and its improvement is necessary in order to ensure the health,
25 safety and welfare of Project Area residents and occupants who
26 frequently use Kendall Drive; and
27
28
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 city causes
- 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
WHEREAS, the Palm Avenue right-of-way is a north-south
right-of-way adjacent to the Project Area located in a
neighborhood which provides a residential base to the Project
Area and accordingly, its improvement would provide a benefit for
the Project Area and the residents of the neighborhood who
undertake activities in the Project Area; and
WHEREAS, development of the Undergrounding Improvements
will improve aesthetics of the neighborhood and will create safer
traffic conditions in areas adjacent to the Project Area which in
turn will make the Project Area more desirable for residential
and other development thereby benefiting said Project Area; and
WHEREAS, in order to promote the city's health, safety
and welfare, it is important that the Undergrounding Improvements
required for the Project Area be financed in order to ensure the
orderly development of the Project Area 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 installation of the Undergrounding
Improvements.
NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO, CALIFORNIA, DO HEREBY FIND, RESOLVE,
DETERMINE AND ORDER AS FOLLOWS:
- 3 -
1 section 1. The Recitals hereinabove are true and
2 correct and are incorporated herein by this reference.
3
4 Section 2. The council consents to the payment by
5 the Agency of the costs of the Undergrounding Improvements to be
6 undertaken adjacent to the Project Area which are of benefit to
7 such Project Area and other neighborhoods within the city for the
8 reasons set forth in the Recitals hereinabove. The Council
9 further finds and determines that no other reasonable means of
10 financing the installation of the Undergrounding Improvements is
11 presently available to the City and that the City and the Agency
12 require the use of revenues generated from the project Area in
13 order to fund the installation of the Undergrounding
14 Improvements.
15
16 section 3. The provision of the Undergrounding
17 Improvements in the Project Area will improve traffic safety
18 conditions in and around the Project Area which will make the
19 Project Area more desirable for residential and other development
20 which will in turn help eliminate blight within such Project Area
21 and other areas of the city.
22
23 Section 4. The city Clerk is hereby authorized and
24 directed to cause this Resolution to be transmitted to the Agency
25 for consideration in connection with appropriate action by that
26 body.
27
28
- 4 -
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO, CALIFORNIA, MAKING FINDINGS AND DETERMINATIONS
2 AS TO THE BENEFIT OF CERTAIN UNDERGROUNDING IMPROVEMENTS FOR THE
STATE COLLEGE REDEVELOPMENT PROJECT AREA
3
4
Section 5.
The findings and determinations herein
5 shall be final and conclusive. This Resolution shall take effect
6 upon the date of its adoption.
7
8
I HEREBY CERTIFY that the foregoing Resolution was duly
9 adopted
10
11
12
13
the
Mayor
and
by
Common
San Bernardino at a
'On']'" :::IV'
20th
thereof, held on the
day of
1991, by the following vote, to wit:
Council
City
of
the
of
meeting
May
AYES:
Council Members Estrada, Reilly, Flores, Maudsley,
resolution is hereby approved this
/
/
/
/
14
15
16
17
18
19
20
21
22
NAYS:
ABSENT:
The foregoing
23rd day of May
23
24
25 Approved as to form
JAMES F. PENMAN
26 city Attorney
27
28
and legal content:
BY~~
- 5 -
Minor, pope-Ludlam, Minor.
None.
None.
a~~e~~
Rachel Krasney
of