Loading...
HomeMy WebLinkAboutR07-Economic Development Agency () () o DO E LOP MEN T DE PAR TO NT OF THE CITY OF SAR BERlWIDINO REOUEST FOR COMMISSION/COUNCIL ACTION From: KENNETH J. HENDERSON Executive Director Subject: LANDSCAPING INCElITlVES BENEFIT RESOLUTIONS Date: September 27, 1991 ------------------------------------------------------------------------------ SvnoDsis of Previous Commission/Council/Committee Action(s): The Mayor and Common Council previously approved the appropriation of one million dollars ($1,000,000) from bond proceeds to be used for beautification purposes. To date funds have been allocated for four programs: Tree Planting Program for City/Commission Owned Properties, Sidewalk In-Fill Program, Landscape Development and Maintenance SO/50 Program, and Landscaping Program for Properties Adjacent to Government-Owned Parcels. ------------------------------------------------------------------------------- Recommended Motion(s): (Communitv DeveloDment Commission) MOTION A: RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION 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. ~ (MOTIONS CORTIRllED ON NEXT PAGE...) Administrator ~~'0LRSON Executive D~b:or ------------------------------------------------------------------------------- Contact Person(s): Kenneth Henderson/Doris Daniels Phone: 5081 Project Area(s): State Colleae Ward(s): Five (5) Supporting Data Attached: Staff ReDort: Resolutions FUNDING REQUIREMENTS: Amount: $ Source: Budget Authority: CommissionlCnnn~il Notes: KJH:DAD:paw:Ol06q COMMISSION MEETING AGENDA Meeting Date: 10/07/1991 Agenda Item No: ~ o o o DEVELOPMEBr DEP~ REQUEST FOR COMMISSION/COUBCIRCTION Landscapina Incentives Benefit Resolutions Prepared: September 27, 1991 Page -2- ------------------------------------------------------------------------------- Recolllllended Motionls) Continued... (Mavor And Cnmmon Council) MOTION B: 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. (Colllllunitv Develooment Commission) MOTION C: RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION 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 ADJACENT TO GOVERNMENT-QWNED PROPERTIES. (Mavor and Common Council) MOTION D: 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 ADJACENT TO GOVERNMENT-OWNED PROPERTIES. KJH:DAD:paw:0106q COMMISSION MEETING AGENDA Meetina Date: 10/07/1991 Agenda Item No: ~ o () o DQ B LOP M B N r D B PAR rQ N r OF THE CITY OF SAN BBIllWlDIHO srAFF REPORT ------------------------------------------------------------------------------- LandscaDina Incentives Benefit Resolutions The Mayor and Common Council previously approved the appropriation of one million dollars ($1,000,000) from bond proceeds to be used for beautification purposes. To date funds have been allocated for four programs: Tree Planting Program for City/Commission Owned Properties, Sidewalk In-Fill Program, Landscape Development and Maintenance SO/50 Program, and Landscaping Program for Properties Adjacent to Government-Owned Parcels. On March 18, 1991, The Community Development Commission appropriated financial assistance in an amount not to exceed $20,000 from its tax allocation bond proceeds beautification fund to finance the moving and planting of olive trees. The funds were utilized to move and plant mature olive trees that were available from an existing parcel on Highland Avenue and from a developer to several parcels of vacant land that are owned by the Commission/City. City crews were used for the moving and planting of the trees. On April IS, 1991, the Council amended Resolution No. 90-289 to include the installation of new in-fill improvements in the fifty-percent (50%) City participation program, in addition to repair of existing improvements and removal of abandoned driveways. An amount of $100,000 (from bond proceeds) was allocated by the Mayor and Common Council on May 21, 1990 in order to finance fifty-percent (50%) of the cost for installation of eligible improvements. This amount was in addition to the program that was developed by the Development Department to finance the remaining fifty-percent (50%) of the cost (from Community Development Block Grant Funds) for eligible improvements adjoining properties whose owners met the minimum income requirements for low to moderate income. On May 6, 1991 the Community Development Commission allocated $400,000 to expedite the development of landscaping along the public right-of-way and the building setback area up to a maximum of twenty (20) feet on specified major arterials and in specific commercial zones. Eligible projects for City participation were for one-half the cost up to a maximum of $40,000. The Program provided for an agreement which outlined the responsibilities of the City and the property owner and placed the responsibility for landscape maintenance after installation on the property owner upon whose property the City could place a lien if the owner failed to maintain the landscaping installed pursuant to the program. KJH:DAD:paw:Ol06q COMMISSION MEETING AGBHDA Meeting Date: 10/07/1991 Agenda Item No: ~ --~.... o o o ., - DEVELOPMElIIT DBP~ STAFF REPORT LandscapiD& Incentives Benefit Resolutions September 27, 1991 Page Number -2- o ------------------------------------------------------------------------------- On May 6, 1991, the Community Development Commission sppropriated $192,000 from its tax allocation bond proceeds beautification fund to finance the installation of landscaping on major streets adjacent to government-owned properties. The landscaping of parcels located on major streets were divided into Classes I, II, III, IV or V, as deemed appropriate for the individual parcel. Installation of the irrigation facilities and landscaping was to be done by a crew of California Conservation Corps personnel or by a private contractor. Supervision was to be provided by the City. Inasmuch as the above referenced programs have been previously approved by the Mayor and Common Council and Community Development Commission, the attached mutual benefit resolutions formalizes those actions and authorizes the use of tax allocation bond proceeds to finance the described programs, projects and activities. Staff recommends adoption of the attached Resolutions. Q:l'tlUi~~~RSON' Executive Development Department Director KJH:DAD:paw:Ol06q COMMISSION MBBrIRG AGDDA Meeting Date: 10/07/1991 Agenda Item No: -1- o o o 1 2 3 4 5 6 7 8 "City"), 9 10 o o RESOLUTION NO. RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION 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 the State of California (the "City"); and 11 12 WHEREAS, the Community Development Commission of the 13 City of San Bernardino (the "Commission") on behalf of the 14 Redevelopment Agency of the City of San Bernardino (the 15 "Agency"), is a redevelopment agency, a public body, corporate 16 17 18 19 20 21 22 and politic of the State of California, organized and existing pursuant to Community 1 of the Redevelopment (Part Law Division 24) commencing with Section 33000) of the Health and 28 III 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 23 redevelopment projects either within or without the boundaries of 24 a redevelopment project area if the Agency determines that such 25 redevelopment projects are of benefit to the redevelopment 26 project area and that no other reasonable means of financing such 27 redevelopment projects is available to the community; and - 1 - 1 Q () o o o 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 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, the city has previously established a Landscape Incentive Program to assist in the development of landscaping on set back areas adjacent to public rights-of-way within the City; and WHEREAS, it is in the interests of the present landowners within the project area sUbject to the State College Redevelopment Plan (hereinafter referred to as 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 landscaping improvements in connection with the implementation of the Landscape Incentive Program which landscaping improvements will be undertaken within the set back areas of certain properties which are adjacent to the public rights of way (the Right-of-Way Set Back Landscaping Improvements") and which improvements are to be undertaken both within the Project Area and outside of the Project Area; and 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 Q o o o o 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 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 III WHEREAS, development of the Right-of-Way Set Back Landscaping Improvements will make the Project Area more desirable for residential and other development thereby benefiting said Project Area; and WHEREAS, the Agency may only fund the installation and construction of such Right-of-Way Set Back Landscaping Improvements and may not fund any maintenance to be undertaken in connection therewith; and 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 Commission to make certain findings and determinations and take - 3 - 1 Q Q o o o 1 certain action with respect to the installation of the Right-of- 2 Way Set Back Improvements. 3 4 NOW, THEREFORE, BE IT RESOLVED, BY THE COMMUNITY 5 DEVELOPMENT COMMISSION ACTING ON BEHALF OF THE REDEVELOPMENT 6 AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AS FOLLOWS: 7 8 9 10 11 section 2. The Commission approves the payment by 12 the Agency of the costs of the Right-of-Way Landscaping 13 Improvements to be undertaken both inside and outside of the 14 Project Area which are of benefit to such Project Area and other 15 neighborhoods within the City for the reasons set forth in the 16 Recitals hereinabove. The Commission further finds and 17 determines that no other reasonable means of financing the 18 undertaking of the Right-of-Way Set Back Landscaping Improvements 19 is presently available to the city and that the City and the 20 Agency require the use ot revenues generated from the project 21 Area in order to fund the undertaking of the Right-of-Way 22 Landscaping Improvements. 23 24 25 26 27 28 Section 1. The Recitals hereinabove are true and correct and are incorporated herein by this reference. section 3. The provision of the Right-of-Way Set Back Landscaping Improvements in the Project Area will improve pedestrian safety conditions and aesthetic conditions in and around the Project Area which will make the Project Area more desirable for residential and other development which will in - 4 - 1 Q () o o o 1 turn help eliminate blight within such Project Area and other 2 areas of the City. 3 4 Section 4. The Agency Secretary is hereby 5 authorized and directed to cause this Resolution to be 6 transmitted to the Council for consideration in connection with 7 appropriate action by that body. 8 I I I 9 I I I 10 I I I 11 III 12 I I I 13 III 14 III 15 III 16 I I I 17 I I I 18 I I I 19 I I I 20 I I I 21 III 22 III 23 III 24 III 25 III 26 I I I 27 I I I 28 III - 5 - -~ o o o o o 1 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, CALIFORNIA, MAXING FINDINGS AND DETERMINATIONS AS 2 TO 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 by the Community Development Commission of the city of 10 11 San Bernardino at a meeting thereof, held on the day of , 12 1991, by the following vote, to wit: 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Commission Members: AXH ~ ABSTAIN ABSENT ESTRADA REILLY HERNANDEZ MAUDSLEY MINOR POPE-LUDLAM MILLER Secretary The foregoing day of resolution is , 1991. hereby approved this W. R. Holcomb, Chairman Community Development Commission of the City of San Bernardino Approved as to form and legal content: By'~ ./ Agency C nsel SBBOIOOOllDOCl4'- ) - 6 - () o o o o 1 STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) 2 CITY OF SAN BERNARDINO ) 3 4 ss I, Secretary of the Community Development Commission of the City of San Bernardino, DO HEREBY CERTIFY that the foregoing and attached copy of Community Development Commission of the City of San Bernardino Resolution 5 No. is a full, true and correct copy of that now on file in this office. 6 IN WITNESS WHEREOF, I have hereunto set my hand and 7 affixed the official seal of the Community Development Commission of the City of San Bernardino this day of 8 , 1991- 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Secretary of the Community Development Commission of the City of San Bernardino 1 0 2 3 4 5 6 Item: 7 8 9 o 10 o o COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, CALIFORNIA AGENDA September 3, 1991 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION 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 10 11 Action to be Taken: 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Adopt Resolution. Certified copy of Resolution to be returned to Sabo & Green, A Professional Corporation. SBBOIOOOl/DOC/479/0I 06121/91 10:35 () o o 1 2 3 4 5 6 7 "city"), 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 o o RESOLUTION NO. 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 UNDERTAI<ING 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 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 city San Bernardino of the of (the "Agency"), is a redevelopment agency, a public body, corporate and politic of the State of California, organized and existing pursuant to Community 1 of the Redevelopment (Part 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 redevelopment projects are of benefit to the redevelopment project area and that no other reasonable means of financing such redevelopment projects is available to the community; and 27 II I 28 //1 - 1 - 1 Q 2 3 4 5 6 7 8 Q o o o WHEREAS, the City and the Commission have previously approved and adopted the Redevelopment Plan for the State College Redevelopment Project (the "State College Redevelopment Plan"); and WHEREAS, the City has previously established a Landscape Incentive Program to assist in the development of landscaping on set back areas adjacent to public rights-of-way 9 within the City; and 10 11 WHEREAS, it is in the interests of the present 12 landowners within the project area subject to the State College 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 WHEREAS, the undertaking of the Right-of-Way Set Back 25 Landscaping Improvements will improve the sidewalks and public 26 rights-of-way both in and adjacent to the Project Area and in the 27 City generally thereby making such sidewalks safer for pedestrian 28 traffic; and - 2 - () o o o o 1 WHEREAS, the undertakinq of the Riqht-of-Way Set Back 2 Landscapinq Improvements will have the effect of improvinq the 3 aesthetic conditions of the riqhts-of-way both inside and outside 4 of the Project Area which will thereby assist in the elimination 5 of bliqht which in turn will ensure the health, safety and 6 welfare of residents and occupants of the Project Area and the 7 City qenerally; and 8 9 WHEREAS, development of the Riqht-of-Way Set Back 10 Landscapinq Improvements will make the project Area more n desirable for residential and other development thereby 12 benefitinq said Project Area; and 13 14 WHEREAS, the Aqency may only fund the installation and 15 construction of such Riqht-of-Way Set Back Landscapinq 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 Riqht-of-Way Set Back Landscapinq 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 neiqhborinq areas; and WHEREAS, it is appropriate at this time for the Council to make certain findinqs and determinations and take certain - 3 - -~ () o o o o 1 action with respect to the installation of the Right-of-Way Set 2 Back Improvements. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 Right-of-Way Landscaping Improvements to be undertaken both inside and outside of 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 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. SECTION 3. The provision of the Right-of-Way Set Back Landscaping Improvements in the Project Area will improve pedestrian safety conditions and aesthetic conditions in and around the Project Area which will make the Project Area more desirable for residential and other development which will in turn help eliminate blight within such Project Area and other areas of the City. - 4 - Q o o o o 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 I I I 9 I II 10 I I I 11 III 12 I I I 13 I I I 14 I I I 15 I I I 16 I I I 17 III 18 I I I 19 I I I 20 II 21 II 22 III 23 III 24 III 25 III 26 III 27 III 28 III - 5 - o o o o o 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 5 6 7 8 9 10 11 12 13 14 15 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 adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the day of , 1991, by the following vote, to wit: AYES: Council Members 16 17 18 19 20 21 22 23 24 25 26 27 28 NAYS: ABSENT: City Clerk The foregoing resolution is hereby approved this day of , 1991. Mayor of the City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN City Attorney By: ~S \/ SBBOIOOO1\DOC\ol84\eo - 6 - o o o o o 1 STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) 2 CITY OF SAN BERNARDINO ) 3 ss I, City Clerk of the city of San Bernardino, DO HEREBY CERTIFY that the foregoing and attached 4 copy of Mayor and Common Council of the city of San Bernardino Resolution No. is a full, true and correct copy of that 5 now on file in this office. 6 7 8 9 10 11 12 13 IN WITNESS WHEREOF, I .have hereunto set my hand affixed the official seal of the Mayor and Common Council of city of San Bernardino this day of 1991. and the City Clerk city of San Bernardino 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o o o o o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION 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 ADJACENT TO GOVERNMENT-OWNED PROPERTIES 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 or other improvements are of benefit to the - 1 - o o o o o 1 redevelopment project area or the immediate neighborhood in which 2 the project is located, regardless of whether such improvement is 3 within another project area, or in the case of a project area in 4 which substantially all the land is publicly owned that the 5 improvement is of benefit to an adjacent project area of the 6 Agency, and (2) that no other reasonable means of financing such 7 buildings, facilities, structures or other improvements is 8 available to the community, and such determination by the Agency 9 and the Council shall be final and conclusive; and 10 11 WHEREAS, the City and the Commission have previously 12 approved and adopted the Redevelopment Plan for the State College 13 Redevelopment Project (the "State College Redevelopment Plan"); 14 and 15 16 17 18 19 20 21 22 23 24 25 26 27 III 28 III WHEREAS, it is in the interests of the present landowners within the project area subject to the State College Redevelopment Plan (hereinafter referred to as 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 landscaping improvements which improvements are to be undertaken adjacent to government-owned properties on major streets within the Project Area and within the City generally and which improvements will be primarily on or adjacent to sidewalks (the Right-of-Way Landscaping Improvements"); and - 2 - --~ o o o o o 1 WHEREAS the Right-of-Way Landscaping Improvements are 2 to be undertaken both within the project Area and within certain 3 major right-of-ways which are adjacent and in proximity to the 4 Project Area, as well as within other major rights-of-way within 5 the City all of which rights-of-way are used by occupants and 6 residents of the Project Area and many of which provide direct 7 access to and from the Project Area; and 8 9 WHEREAS, the undertaking of the Right-of-Way 10 Landscaping Improvements will improve the major arterials in and 11 adjacent to the Project Area and throughout the city generally 12 and will improve the safety conditions of the sidewalks and curb 13 sides thereby making such sidewalks and curb sides safer for 14 pedestrian traffic which in turn will ensure the health, safety 15 and welfare of residents and occupants of the Project Area; and 16 17 WHEREAS, development of the Right-of-Way Landscaping 18 Improvements will also improve aesthetic conditions within the 19 Project Area as well as in other neighborhoods within which such 20 properties are also located which in turn will make the Project 21 Area and such neighborhoods more desirable for residential and 22 other development thereby benefiting such neighborhoods and the 23 Project Area; and 24 25 26 27 28 WHEREAS, the undertaking of the Right-of-Way Landscaping Improvements on public rights-of-way adjacent to the governmentally owned properties will have the effect of making such properties more desirable for private development which - 3 - o o o o o 1 private development will enhance the economic vitality of the 2 areas in which the properties are located which in turn will 3 enhance the economic viability of the Project Area; and 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Section 2. The Commission approves the payment by 24 the Agency of the costs of the Right-of-Way Landscaping 25 Improvements to be undertaken in and adjacent to the Project Area 26 which are of benefit to such Project Area and other neighborhoods 27 within the City for the reasons set forth in the Recitals 28 hereinabove. The Commission further finds and determines that no - 4 - WHEREAS, in order to promote the City's health, safety and welfare, it is importent that the Right-of-Way Landscaping Improvements required for the Project Area and areas adjacent 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 Commission to make certain findings and determinations and take certain action with respect to the installation of the Right-of- Way Landscaping Improvements. NOW, THEREFORE, BE IT RESOLVED, BY THE COMMUNITY DEVELOPMENT COMMISSION ACTING ON BEHALF OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AS FOLLOWS: section 1. The Recitals hereinabove are true and correct and are incorporated herein by this reference. o o o o o 1 other reasonable means of financing the undertaking of the Right- 2 of-Way Landscaping Improvements is presently available to the 3 City and that the City and the Agency require the use of revenues 4 generated from the Project Area in order to fund the undertaking 5 of the Right-of-Way Landscaping Improvements. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 III 22 III 23 III 24 I I I 25 III 26 I I I 27 III 28 III Section 3. The provision of the Right-of-Way Landscaping Improvements in the Project Area will improve the economic desirability of certain properties within the Project Area and adjacent thereto, will improve aesthetic conditions and will improve traffic and pedestrian safety conditions in and around the Project Area which will make the Project Area more desirable for residential and other development which will in turn help eliminate blight within such Project Area and other areas of the City. section 4. The Agency Secretary is hereby authorized and directed to cause this Resolution to be transmitted to the Council for consideration in connection with appropriate action by that body. - 5 - o o o o o 1 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, CALIFORNIA, MAKING FINDINGS AND DETERMINATIONS AS 2 TO THE BENEFIT TO THE STATE COLLEGE REDEVELOPMENT PROJECT AREA OF UNDERTAKING CERTAIN PUBLIC RIGHT-OF-WAY LANDSCAPING IMPROVEMENTS ADJACENT TO GOVERNMENT-OWNED PROPERTIES 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 adopted by' the Community Development Commission of the city of San Bernardino at a meeting thereof, held on the day of 1991, by the following vote, to wit: commission Members: Ana ~ ABSTAIN ABSENT ESTRADA REILLY HERNANDEZ MAUDSLEY MINOR POPE-LUDLAM MILLER Secretary The foregoing resolution is day of , 1991. hereby approved this W. R. Holcomb, Chairman Community Development Commission of the City of San Bernardino Approved as to form and legal content: BY'~) ./ Agency C nsel - SBBOIOOOI\DOC\4IG\oo - 6 - o o o o o 1 STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss 2 CITY OF SAN BERNARDINO ) 3 I, Secretary of the Community Development Commission of the City of San Bernardino, DO HEREBY 4 CERTIFY that the foreqoinq and attached copy of Community Development Commission of the city of San Bernardino Resolution 5 No. is a full, true and correct copy of that now on file in this office. 6 7 8 9 10 11 12 13 14 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the Community Development Commission of the city of San Bernardino this day of , 1991. Secretary of the Community Development Commission of the City of San Bernardino 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o o o o o 1 2 3 4 5 6 7 "city"), 8 RESOLUTION NO. 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 ADJACENT TO GOVERNMENT-OWNED PROPERTIES 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 9 the State of California (the "City"); and 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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, 27 structures or other improvements are of benefit to the 28 III - 1 - --:?"'''"' 0 1 2 3 4 5 6 7 8 9 10 11 12 o o o o 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 13 Redevelopment Project (the "State College Redevelopment Plan"); 14 and 15 16 17 18 19 20 21 22 23 24 25 26 27 III 28 III WHEREAS, it is in the interests of the present landowners within the project area subject to the State COllege Redevelopment Plan (hereinafter referred to as 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 landscaping improvements which improvements are to be undertaken adjacent to government-owned properties on major streets within the Project Area and within the city generally and which improvements will be primarily on or adjacent to sidewalks (the Right-of-Way Landscaping Improvements"); and - 2 - o o o o o 1 WHEREAS the Right-of-Way Landscaping Improvements are 2 to be undertaken both within the Project Area and within certain 3 major right-of-ways which are adjacent and in proximity to the 4 Project Area, as well as within other major rights-of-way within 5 the City all of which rights-of-way are used by occupants and 6 residents of the Project Area and many of which provide direct 7 access to and from the Project Area; and 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, the undertaking of the Right-of-Way Landscaping Improvements will improve the major arterials in and adjacent to the Project Area and throughout the city generally and will improve the safety conditions of the sidewalks and curb sides thereby making such sidewalks and curb sides safer for pedestrian traffic which in turn will ensure the health, safety and welfare of residents and occupants of the Project Area; and WHEREAS, development of the Right-of-Way Landscaping Improvements will also improve aesthetic conditions within the Project Area as well as in the neighborhoods within which such properties are also located which in turn will make the Project Area and such neighborhoods more desirable for residential and other development thereby benefiting such neighborhoods and the Project Area; and WHEREAS, the undertaking of the Right-of-Way Landscaping Improvements on public rights-of-way adjacent to the governmentally owned properties will have the effect of making such properties more desirable for private development which - 3 - o o o o o 1 private development will enhance the economic vitality of the 2 areas in which the properties are located which in turn will 3 enhance the economic viability of the Project Area; and 4 5 WHEREAS, in order to promote the city's health, safety 6 and welfare, it is important that the Right-of-Way Landscaping 7 Improvements required for the Project Area and areas adjacent 8 thereto be financed in order to ensure the orderly development of 9 the Project Area and neighboring areas; and 10 11 WHEREAS, it is appropriate at this time for the Council 12 to make certain findings and determinations and take certain 13 action with respect to the installation of the Right-of-Way 14 Landscaping Improvements. 15 16 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON 17 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 18 19 20 21 22 SECTION 2. The Council approves the payment by the 23 Agency of the costs of the Right-of-Way Landscaping Improvements 24 to be undertaken in and adjacent to the Project Area which are of 25 benefit to such Project Area and other neighborhoods within the 26 City for the reasons set forth in the Recitals hereinabove. The 27 Council further finds and determines that no other reasonable 28 means of financing the undertaking of the Right-of-Way - 4 - SECTION 1. The Recitals hereinabove are true and correct and are incorporated herein by this reference. o o o o o 1 Landscaping Improvements is presently available to the City and 2 that the City and the Agency require the use of revenues 3 generated from the Project Area in order to fund the undertaking 4 of the Right-of-Way Landscaping Improvements. 5 6 SECTION 3. The provision of the Right-of-Way 7 Landscaping Improvements in the Project Area will improve the 8 economic desirability of certain properties within the Project 9 Area and adjacent thereto, will improve aesthetic conditions and 10 will improve traffic and pedestrian safety conditions in and 11 around the Project Area which will make the Project Area more 12 desirable for residential and other development which will in 13 turn help eliminate blight within such project Area and other 14 areas of the City. 15 16 SECTION 4. The City Clerk is hereby authorized and 17 directed to cause this Resolution to be transmitted to the Agency 18 for consideration in connection with appropriate action by that 19 body. 20 I II 21 I I I 22 III 23 III 24 III 25 III 26 I I I 27 III 28 III - 5 - o Q o o o 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 ADJACENT TO GOVERNMENT-OWNED PROPERTIES 4 5 6 7 8 9 10 11 12 13 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 adopted by the Mayor and Council the City of Common of San Bernardino at a meeting thereof, held on the day of 1991, by the following vote, to wit: AYES: Council Members 14 15 16 17 18 19 20 21 22 23 24 Approved as to form and legal JAMES F. PENMAN 25 City Attorney 26BY'~) 27 ~1\D0C\483"" 28 NAYS: ABSENT : City Clerk The foregoing resolution this is hereby approved day of , 1991. Mayor of the City of San Bernardino content: - 6 - o o o o o STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) 1 CITY OF SAN BERNARDINO ) 2 ss I, City Clerk of the city of San Bernardino, 00 HEREBY CERTIFY that the foregoing and attached 3 copy of Mayor and Common council of the City of San Bernardino Resolution No. is a full, true and correct copy of that 4 now on file in this office. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN WITNESS WHEREOF, I have hereunto set my hand affixed the official seal of the Mayor and Common Council of City of San Bernardino this day of 1991. and the City Clerk city of San Bernardino --~