HomeMy WebLinkAbout1991-422
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RESOLUTION NO. 91-422
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 TRI CITY REDEVELOPMENT
PROJECT AREA (WATERMAN OFF-RAMP
IMPROVEMENTS)
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
"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 Agency determines: (1) that such buildings, facilities,
structures
III
improvements
other
benefit
of
or
to the
are
CJ
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redevelopment project area or the immediate neighborhood in which
the project is located, regardless of whether such improvements
are within another project area, or in the case of a project area
in which substantially all the land is publicly owned that the
improvements are 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 previously
approved and adopted the Redevelopment Plan for the Tri City
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 off-ramp improvements to the
Waterman Avenue exit of the Interstate Highway 10 and
signalization and lighting at the off-ramp terminus at Carnegie
Drive/Hospitality Lane (the "Off-Ramp Improvements"); and
WHEREAS, Off-Ramp Improvements are necessary to provide
adequate freeway access to and from the Project Area and the
traffic signal and lighting improvement will help regulate
traffic flow in connection with use of the Waterman off-ramp; and
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WHEREAS, the undertaking of the Off-Ramp Improvements
will improve the public rights-of-way providing traffic
circulation throughout the Project Area thereby making such
rights-of-way safer for pedestrian and vehicular traffic which in
turn will ensure the health, safety and welfare of residents and
occupants of the Project Area as well as other neighborhoods of
the city; and
WHEREAS, in order to promote the City's health, safety
and welfare, it is important that the Off-Ramp Improvements be
financed in order to ensure the orderly development of areas in
proximity to the rights-of-way including the Project Area and
neighboring areas; and
WHEREAS, the City and Agency had previously attempted
to arrange financing for the Off-Ramp Improvements through the
establishment of a loan transaction (the "Loan") from the city to
the Agency supported by revenues from the Southeast Industrial
Park Redevelopment Project Area which Loan transaction was
approved pursuant to Agency Resolution No. 5202 and Resolution
No. 5203 and City Resolution No. 89-382 and Resolution No. 89-383
but which Loan transaction was never implemented; and
WHEREAS, since the Loan was never implemented and since
funding is now available from the Project Area, it is no longer
necessary to rely on the Loan financing and accordingly the
Council deems it desirable to rescind the terms of the Loan and
its Resolution No. 89-382 and Resolution No. 89-383; 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 of the Off-Ramp
Improvements.
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23 SECTION 3. The provision of the Off-Ramp
24 Improvements will improve traffic and pedestrian safety
25 conditions in and around the Project Area for the benefit of
26 occupants of the Project Area which will make the Project Area
27 more desirable for development which will in turn help eliminate
28 blight within the Project Area and other areas of the city.
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NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO 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 Off-Ramp Improvements to be undertaken
in the Project Area which are of benefit to such Project Area and
other neighborhoods 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 Off-Ramp 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 Off-Ramp Improvements.
SECTION 4. The Council hereby rescinds its
Resolution No. 89-382 and Resolution No. 89-383 in their entirety
in order that said Resolutions be of no further force and effect
and the Council hereby further rescinds the Loan transaction as
approved by said Resolutions.
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SECTION 5. The City Clerk is hereby authorized and
directed to cause this Resolution to be transmitted to the
Commission for consideration in connection with appropriate
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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 OF UNDERTAKING CERTAIN PUBLIC IMPROVEMENTS FOR THE
TRI CITY REDEVELOPMENT PROJECT AREA (WATERMAN OFF-RAMP
IMPROVEMENTS)
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
9 adopted by the Mayor and Common Council of the city of
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San Bernardino at a
regular
meeting
thereof, held on the
day of
7th
October
1991, by the following vote, to wit:
AYES:
Council Members Estrada, Reilly, Hernandez,
Maudsley, Minor, Miller
NAYS:
None
ABSENT:
Council Member Rope-Ludlam
~ ~--,~
'ty Clerk
approved this
9th
The foregoing resolution is
day of October , 1991.
74
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of
24 Approved as to form
JAMES F. PENMAN
25 city Attorney
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