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HomeMy WebLinkAbout1990-079 <#- SBE00099-28/3555S/dc 02/28/90 0445 RESOLUTION NO. 90-79 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 STATE COLLEGE REDEVELOPMENT PROJECT AREA 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 Ci ty 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 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, wi th 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 within or without the - I - ~ boundaries of a redevelopment project area if the Council 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 previously approved and adopted the Redevelopment Plan for the State College 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 "Proj ect Area") and the residents, both wi thin the Proj ect Area and within the City generally, that the City causes the acquisition, construction and installation of certain public right-of-way improvements to 40th Street between Waterman Avenue and Sierra Way (the "Public Right-of-Way Improvements"); and - 2 - "I WHEREAS, the aforementioned public right-of-way is a major east-west arterial providing access to and from the Project Area and its improvement is necessary in order to ensure the health, safety and welfare of Project Area residents and occupants; and WHEREAS, development of the Public Right-of-Way Improvements will improve traffic circulation and will create safer traffic conditions in and around the Project Area which in turn will make the Project Area more desirable for commercial, industrial and residential development thereby benefiting said Project Area; and WHEREAS, in order to promote the City's health, safety and welfare, it is important that the Public Right-of-Way 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 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 Recitals hereinabove are correct and are incorporated herein by this reference. true and - 3 - . -' 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 and adjacent to 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 acquisition, installation and construction of the Public Right-of-Way 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 acquisition, construction and installation of the Public Right-of-Way Improvements. Section 3. The provision of the Public Right-of-Way Improvements in the Project Area will improve traffic circulation and traffic safety conditions in and around the Project Area which will make the Project Area more desirable for commercial, industrial and residential development which will in turn help eliminate blight within such Project Area and other areas of the City. directed Section 4. to cause The this City Clerk is Resolution to hereby authorized be transmitted to and the Commission for consideration in connection with appropriate action by that body. - 4 - .~ j . Section 5. This Resolution shall take effect upon the date of its adoption. I HEREBY CERTIFY that the foregoing adopted by the Mayor and Common Council San Bernardino at a H'glllar held on the ij1<ll. day of March the fOllowing vote, to wit: resolution of the meeting was duly City of thereof, 1990, by , AYES: Council Members F.~~r~n~ Reillv. Flores. Maudsley, Minor. Pope-Ludlam, Miller NAYS: None ABSENT: None ~$4~~ City Clerk day of The foregoing resolution is hereby approved this March I 1990. ~~L Approved as to form and legal content: JAMES F. PENMAN City Attorney By: 12t~/t.e.) / - 5 -