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HomeMy WebLinkAbout1991-419 1 2 3 4 5 6 RESOLUTION NO. 91-419 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, MAKING FINDINGS AND DETERMINATIONS AS TO THE BENEFIT OF UNDERTAKING CERTAIN PUBLIC IMPROVEMENTS FOR THE SOUTHEAST INDUSTRIAL PARK REDEVELOPMENT PROJECT AREA 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 21 22 23 24 25 26 27 28 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 Agency determines: (1) that such buildings, facilities, structures or other improvements are of benefit to the redevelopment project area or the immediate neighborhood in which - 1 - 1 the project is located, regardless of whether such improvements 2 are within another project area, or in the case of a project area 3 in which substantially all the land is publicly owned that the 4 improvements are of benefit to an adjacent project area of the 5 Agency, and (2) that no other reasonable means of financing such 6 buildings, facilities, structures or other improvements is 7 available to the community, and such determination by the Agency 8 and the Council shall be final and conclusive; and 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, the city and the Commission have previously approved and adopted the Redevelopment Plan for the Southeast Industrial Park Redevelopment Project (the "Redevelopment Plan"); and 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 Agency assist in the financing of certain public right-of-way improvements consisting primarily of street widening and the construction of sidewalks, curbs and gutters (the Curb Improvements") which improvements are to be undertaken in connection with the development of a retail food establishment at the intersection of Mill Street and Mt. Vernon Avenue; and WHEREAS, the Mt. Vernon Avenue right-of-way is a major north south arterial of the city which runs in proximity to the Project Area and the Mill Street right-of-way provides east west - 2 - 1 access to and from the Project Area via Tippecanoe Avenue which 2 itself runs directly into the Project Area and therefore the 3 improvement of such rights-of-way would provide a benefit to 4 residents within the City who are occupants of the Project Area, 5 who find employment opportunities within the Project Area and/or 6 who rely on services provided by the Project Area; and 7 8 WHEREAS, the undertaking of the Curb Improvements will 9 improve the Mt. Vernon Avenue and Mill Street rights-of-ways 10 thereby making such rights-of-ways safer for pedestrian and 11 vehicular traffic which in turn will ensure the health, safety 12 and welfare of residents and occupants of the Project Area as 13 well as other neighborhoods of the city; and 14 15 WHEREAS, in order to promote the city's health, safety 16 and welfare, it is important that the Curb Improvements required 17 for the above referenced rights-of-way be financed in order to 18 ensure the orderly development of areas in proximity to the 19 rights-of-way including the Project Area and neighboring areas; 20 and 21 22 WHEREAS, it is appropriate at this time for the Council 23 to make certain findings and determinations and take certain 24 action with respect to the installation of the Curb Improvements. 25 26 NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE 27 CITY OF SAN BERNARDINO, CALIFORNIA, DO HEREBY FIND, RESOLVE, 28 DETERMINE AS FOLLOWS: - 3 - 1 SECTION 1. The Recitals hereinabove are true and 2 correct and are incorporated herein by this reference. 3 4 5 Agency of the costs of the Curb Improvements to be undertaken in 6 proximity to the proj ect Area which are of benef it to such 7 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 undertaking of the Curb Improvements is presently 11 available to the City and that the city and the Agency require 12 the use of revenues generated from the Project Area in order to 13 fund the undertaking of the Curb Improvements. 14 15 SECTION 3. The provision of the Curb Improvements 16 will improve traffic and pedestrian safety conditions around the 17 Project Area for occupants of the Project Area which will make 18 the Project Area more desirable for development which will in 19 turn help eliminate blight within the Project Area and other 20 areas of the city. 21 22 23 24 SECTION 2. The Council approves the payment by the SECTION 4. The City Clerk is hereby authorized and directed to cause this Resolution to be transmitted to the Commission for consideration in connection with appropriate 25 action by that body. 26 III 27 III 28 III - 4 - 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, MAKING FINDINGS AND DETERMINATIONS AS 2 TO THE BENEFIT OF UNDERTAKING CERTAIN PUBLIC IMPROVEMENTS FOR THE SOUTHEAST INDUSTRIAL PARK REDEVELOPMENT PROJECT AREA 3 section 5. The findings and determinations herein 4 5 upon the date of its adoption. 6 This Resolution shall take effect shall be final and conclusive. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I HEREBY CERTIFY that the foregoing Resolution was duly City Council the of of and the Common adopted by Mayor San Bernardino at a reqular meeting day of thereof, held on the 7th O~t-nhpr 1991, by the following vote, to wit: AYES: Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Miller NAYS: None ABSENT: Council Member PODe-Ludlam 4 fK ; . ~c A,-"_4/"-0<.(/ city Cler~ J this 9th The foregoing day of October hereby Approved as to form and legal content: JAMES F. PENMAN city Attorney BY~ SBEO\OOOl \DOC\506\es - 5 -