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SBEOOOOl-358/3572S/dc 03/27/90 0445 RESOLUTION NO. 90-118 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, MAKING FINDINGS AND DETERMINATIONS AS TO THE BENEFIT OF CERTAIN REDEVELOPMENT ACTIVITIES FOR THE STATE COLLEGE REDEVELOPMENT PROJECT AREA WHEREAS, the City of San Bernardino, California (the "Ci ty"), is a municipal corporation and a charter city duly created and existing pursuant to the Constitution and the laws of the State of California; 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, in furtherance of its redevelopment purposes, a redevelopment agency may undertake redevelopment projects outside of the boundaries of a redevelopment proj ect area to the extent such projects benefit the redevelopment project area; and - 1 - . WHEREAS, the Agency may pay all or a part of the costs of certain redevelopment activities resulting in the removal of blighting conditions in residential neighborhoods which are adjacent to redevelopment project areas of the Agency which redevelopment activities include, but are not limited to, the removal and disposal of debris, trash and waste materials (the "Redevelopment Activities") if the Agency determines: (1) that such Redevelopment Activities are of benefit to a redevelopment project area or the immediate neighborhood in which the project is located, and (2) that no other reasonable means of financing such Redevelopment Activities exist; and WHEREAS, the City and the Agency have previously and adopted the Redevelopment Plan for the State Redevelopment Project (the "Redevelopment Plan"); and approved College 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 causes the removal of blighting conditions by undertaking the Redevelopment Activities within residential neighborhoods adjacent to the Project Area which neighborhoods are within the vicinity of 40th Street between Waterman Avenue and Sierra Way; and - 2 - '. WHEREAS, the neighborhoods which border 40th Street provide an important residential base to the Project Area and the undertaking of Redevelopment Activities within such neighborhoods is necessary in order to facilitate the growth and redevelopment of the Project Area and ensure the health, safety and welfare of the Project Area and its residents and occupants; and WHEREAS, the blighting conditions which exist in the neighborhoods which are in proximity to the Project Area currently detract from the desirability of such neighborhoods which in turn negatively impacts the Project Area by diminishing the attractiveness of one of the residential areas which supports the Project Area; and WHEREAS, the inabi li ty to provide appropriate residential areas in proximity to the Project Area will have the effect of making the Project Area less attractive for commercial and industrial development; and WHEREAS, in order to promote the City's health, safety and welfare, it is important that the Redevelopment Activities be financed in order to ensure the orderly development of the Project Area and neighboring areas and to encourage commercial and industrial development within the Project Area; and WHEREAS, it is appropriate at this time for the Mayor and Common Council of the City of San Bernardino (the "Council") to make - 3 - certain findings and determinations and take certain action with respect to the undertaking of the Redevelopment Activities. 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 Section 2. The Council consents to the payment by the Agency of the costs of undertaking the Redevelopment Activities adj acent to the Proj ect Area which are of benefi t to such Project Area and other neighborhoods wi thin 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 Redevelopment Activities is presently available to the City or the Agency and that the City and the Agency require the use of revenues generated from the Project Area in order to fund the Redevelopment Activities. Section 3. The undertaking of the Redevelopment Activities will help eliminate blighting conditions in neighborhoods adj acent to the Proj ect Area which neighborhoods provide a residential base for the Project Area thereby making the Project Area more desirable for commercial, industrial and residential development. - 4 - Section 4. The City Clerk is hereby authorized and directed to cause this Resolution to be transmitted to the Commission for appropriate action by that body. Section 5. date of its adoption. This Resolution shall take effect upon the - 5 - '. I HEREBY CERTIFY that the foregoing adopted by the Mayor and Common Council San Bernardino at a reaular held on the 2nd day of Apr; 1 the following vote, to wit: resolution of the meeting was duly City of thereof, 1990, by AYES: Council Members Estrada. Reillv. Flores. Maudslev. Minor. Pave Ludlam. Miller NAYS: None ABSENT: None ~/Z//>>~Jb City Clerk day of The foregoing resolution is hereby approved OPT; 1 , 1990. \iA/ Approved as to form and legal content: JAMES F. PENMAN City Attorney By: City Attorney - 6 - . C I T Y 0 F SAN B ERN A R DIN 0 Interoffice Memorandum TO: Shauna Clark, City Clerk FROM: James F. Penman, City Attorney SUBJECT: RESOLUTION NOS. 90-118 AND 90-119, NOT APPROVED BY LEGAL COUNSEL DATE: April 5, 1990 I am returning to you Resolution Nos. 90-118 and 90-119 which have previously been approved by the Mayor and Common Council and signed by Mayor Holcomb. RDA failed to submit these documents for review by the undersigned and failed to submit certain companion RDA resolutions for the review of RDA counsel, Mr. Barlow. Mr. Barlow contacted me on this matter and informed me that he declined to sign these documents. Mr. Barlow expressed strong feelings on this matter. Since the resolutions have already been approved by the Common Council and signed by the Mayor, I agree with Mr. Barlow that it would be superfluous for us to sign them now as our signature is primarily a communication to the Mayor and Council that we believe the documents to be lawful. In the future, we will suggest that any resolution or ordinance, not reviewed by this office and, therefore, being in conflict with the City Charter, be continued until such review may be made. No legal document such as a resolution or ordinance should be rushed through so rapidly that it is acted upon without a prior determination and communication to the Mayor and Council that its terms are lawful. d1 ,,) , ; : 1- ~ /tJ... lrir-"c? J Q 6'"V'V1"f1-<r-.. ,~mes F. Penman - City Attorney cc: Mayor Holcomb, Council Members, City Treasurer, City Administrator, RDA Director 1