HomeMy WebLinkAbout1990-119
SBEOOOOl-360/3574S/dc
03/27/90 0430
RESOLUTION NO. 90-119
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
SOUTHEAST INDUSTRIAL PARK 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 project area to the extent such
projects benefit the redevelopment project area; and
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"
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 in
proximity 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 Acti vi ties") if the Agency determines: (I) that such
Redevelopment Acti vi ties are of benefit to a redevelopment proj ect
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 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
"Proj ect Area") that the Agency causes the removal of blighting
condi tions by undertaking the Redevelopment Acti vi ties wi thin
residential neighborhoods located within the vicinity of Lytle Creek
Park which neighborhoods are in proximity to the Project Area; and
WHEREAS, the aforementioned neighborhoods provide a
residential base to persons and families currently employed within
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the Proj ect Area and the undertaking of Redevelopment Acti vi ties
within such neighborhoods is necessary in order to ensure the
health, safety and welfare of the Project Area and neighborhoods in
proximity thereto; and
WHEREAS, the blighting conditions which exist in the
neighborhoods which are in proximity to the Project Area currently
detract from the desi rabi li ty of such neighborhoods thereby
negatively impacting such areas which are necessary in order to
provide a residential base to the Project Area; and
WHEREAS, the inability to provide appropriate residential
areas in proximity to the Proj ect Area wi 11 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
WHEREAS, it is appropriate at this time for the Mayor and
Common Council of the City of San Bernardino (the "Council") to make
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:
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Section 1.
The Recitals
hereinabove
are
true
and
correct and are incorporated herein by this reference.
Section 2. The Council consents to the payment by the
Agency of the costs of undertaking the Redevelopment Activities in
neighborhoods in proximity to the Proj ect Area 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
in proximity to the Project Area which neighborhoods provide a
desirable residential base for the Project Area thereby making the
Project Area more attractive for commercial and industrial
development.
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.
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Section 5.
This Resolution shall take effect upon the
date of its adoption.
I HEREBY
adopted by the
San Bernardino at
he Id on the ?nn
the following vote, to
CERTIFY
Mayor
a
that
and
the foregoing
Common Council
resolution
of the
meeting
was duly
Ci ty of
thereof,
1990, by
regular
day of
wit:
Apri 1
AYES:
Council Members P.!':t-r.;;ln~ Rpilly. FlnroC! M.;;ll1rlc::loy.
Mi 1"1........... o.....po T 111'1 1 >'1m. Mi 1 1 ~....
NAYS:
l\I.....no
ABSENT:
N"9R9
~Jtm~p
CIty Clerk
day of
The foregoing resolution is hereby approved this
I\pril , 1990.
Approved as to form and legal content:
JAMES F. PENMAN
City Attorney
By:
City Attorney
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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
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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
te~ms are lawful.
{i_ '-:J /),
/'fZt-- }.....-<;;> / J b' /./v'1.tk -
,~mes F. Penman
- City Attorney
cc: Mayor Holcomb, Council Members, City Treasurer,
City Administrator, RDA Director
1