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HomeMy WebLinkAbout1991-420 1 2 3 4 5 6 7 "city") , 8 RESOLUTION NO. 91-420 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, MAKING FINDINGS AND DETERMINATIONS AS TO THE BENEFIT TO THE STATE COLLEGE REDEVELOPMENT PROJECT AREA OF UNDERTAKING CERTAIN PUBLIC RIGHT-OF-WAY LANDSCAPING IMPROVEMENTS WITHIN BUILDING SET BACK AREAS WHEREAS, the city of San Bernardino, California (the is a municipal corporation and a charter city duly created and existing pursuant to the Constitution and the laws of 10 11 12 city of 13 9 the State of California (the "city"); and WHEREAS, the Community Development Commission of the San Bernardino (the "commission") on behalf of the Redevelopment Agency of the city of San Bernardino (the pursuant to the Community 1 of 14 "Agency"), is a redevelopment agency, a public body, corporate 15 and politic of the State of California, organized and existing 16 17 18 19 20 21 22 23 (Part Redevelopment Law Division 24) commencing with section 33000) of the Health and Safety Code of the State of California (the "Act"); and and Common Council of the City (the "council"), undertake certain WHEREAS, the Agency may, with the consent of the Mayor redevelopment projects either within or without the boundaries of a redevelopment project area if the Agency determines that such 24 redevelopment projects are of benefit to the redevelopment 25 project area and that no other reasonable means of financing such 26 27 28 III redevelopment projects is available to the community; and III - 1 - 1 WHEREAS, the City and the Commission have previously 2 approved and adopted the Redevelopment Plan for the State College 3 Redevelopment Project (the "State College Redevelopment Plan"); 4 and 5 6 7 Landscape 8 landscaping on set back areas adjacent to public rights-of-way 9 within the City; and WHEREAS, the City has previously established a Incentive Program to assist in the development of 10 11 12 13 Redevelopment Plan (hereinafter referred to as the "Project 14 Area") and the residents, both within the Project Area and within 15 the city generally, that the Agency assist in the financing of 16 certain public right-of-way landscaping improvements in 17 connection with the implementation of the Landscape Incentive 18 Program which landscaping improvements will be undertaken within 19 the set back areas of certain properties which are adjacent to 20 the public rights of way (the Right-of-Way Set Back Landscaping 21 Improvements") and which improvements are to be undertaken both 22 within the Project Area and outside of the project Area; and 23 24 25 26 27 28 WHEREAS, it is in the interests of the present landowners within the project area subject to the State College WHEREAS, the undertaking of the Right-of-Way Set Back Landscaping Improvements will improve the sidewalks and public rights-of-way both in and adjacent to the Project Area and in the City generally thereby making such sidewalks safer for pedestrian traffic; and - 2 - 1 WHEREAS, the undertaking of the Right-of-Way Set Back 2 Landscaping Improvements will have the effect of improving the 3 aesthetic conditions of the rights-of-way both inside and outside 4 of the Project Area which will thereby assist in the elimination 5 of blight which in turn will ensure the health, safety and 6 welfare of residents and occupants of the Project Area and the 7 City generally; and 8 9 WHEREAS, development 10 Landscaping Improvements will 11 desirable for residential and 12 benefiting said Project Area; and of the Right-of-Way Set Back make the Project Area more other development thereby 13 14 WHEREAS, the Agency may only fund the installation and 15 construction of such Right-of-Way Set Back Landscaping 16 Improvements and may not fund any maintenance to be undertaken in 17 connection therewith; and 18 19 20 21 22 23 24 25 26 27 28 III WHEREAS, in order to promote the City's health, safety and welfare, it is important that the Right-of-Way Set Back Landscaping Improvements required for the Project Area and areas adjacent and in proximity thereto 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 - 3 - 1 action with respect to the installation of the Right-of-Way Set 2 Back Improvements. 3 4 5 COUNCIL 6 7 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Recitals hereinabove are true and 8 correct and are incorporated herein by this reference. 9 10 SECTION 2. The Council approves the payment by the 11 Agency of the costs of the Right-of-Way Landscaping Improvements 12 to be undertaken both inside and outside of the project Area 13 which are of benefit to such Project Area and other neighborhoods 14 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 undertaking of the Right- of-Way Set Back Landscaping Improvements is presently available to the City and that the City and the Agency require the use of revenues generated from the Project Area in order to fund the undertaking of the Right-of-Way Landscaping Improvements. 15 16 17 18 19 20 21 22 SECTION 3. The provision of the Right-of-Way Set 23 Back Landscaping Improvements in the Project Area will improve 24 pedestrian safety conditions and aesthetic conditions in and 25 around the Project Area which will make the Project Area more 26 desirable for residential and other development which will in 27 turn help eliminate blight within such Project Area and other 28 areas of the City. - 4 - 1 SECTION 4. The City Clerk is hereby authorized and 2 directed to cause this Resolution to be transmitted to the 3 Commission for consideration in connection with appropriate 4 action by that body. 5 III 6 III 7 III 8 III 9 III 10 III 11 !II 12 III 13 III 14 III 15 III 16 III 17 III 18 III 19 III 20 III 21 II 22 III 23 !II 24 III 25 III 26 III 27 III 28 III - 5 - 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, MAKING FINDINGS AND DETERMINATIONS AS TO 2 THE BENEFIT TO THE STATE COLLEGE REDEVELOPMENT PROJECT AREA OF UNDERTAKING CERTAIN PUBLIC RIGHT-OF-WAY LANDSCAPING IMPROVEMENTS 3 WITHIN BUILDING SET BACK AREAS 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 Council city of and Common of the by Mayor regular meeting San Bernardino at a October 7th day of thereof, held on the 1991, by the following vote, to wit: 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AYES: Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Miller NAYS: None ABSENT: Council Member Pope-Ludlam ~~~~j-- ity Clerk The foregoing resolution is hereby October , 1991. day of 9th of Approved as to form and legal content: JAMES F. PENMAN city Attorney BY:~ <.,.../ SBEO\OOOl \DOC\484\es - 6 -