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HomeMy WebLinkAbout1991-5309 I I 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 RESOLUTION NO. 5309 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 "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, the Agency may, with the consent of the Mayor and Common Council of the City (the "Council"), undertake certain 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 27 redevelopment projects is available to the community; and 28 III - 1 - 1 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 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 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 wi thin the proj ect Area and wi thin 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 6 7 8 9 10 11 12 13 14 - 15 16 17 18 19 20 21 22 23 24 25 26 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 welfare of residents and occupants of the Project Area and the City generally; and 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 27 commission to make certain findings and determinations and take 28 III - 3 - 1 _'_";'_~_~_'~'~"..~'~-~~~__'<~~'~_~==-="~''''''~"'''"''''''''''~~~''''''_.....__"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 of 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 around the Project Area which will make the project Area more 28 desirable for residential and other development which will in - 4 - 1 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 "i~ -- 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 III 10 III 11 I I I 12 I I I 13 I I I 14 III 15 III 16 I I I 17 I I I 18 III 19 III 20 I I I 21 III 22 III 23 III 24 III 25 III 26 III 27 III 28 III - 5 - 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 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 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 RPgul rlr thereof, held on the day of Octobe r 7th 1991, by the following vote, to wit: commission Members: NAYS ABSTAIN ABSENT AYES ESTRADA REILLY HERNANDEZ MAUDSLEY MINOR POPE-LUDLAM MILLER x x x x x x x The foregoing 7th day of october W. R. of the City Approved as to form and legal content: By: /L 0(/2 ~- ) J~~~e~ SBEO\OOOl \DOC\479\es - 6 - .- 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 \. . 1 STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss 2 CITY OF SAN BERNARDINO ) I, Kenneth J. Henderson 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 No. 5309 is a full, true and correct copy of that now on file in this office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the Community Development Commission of the ci ty of San Bernardino this 7th day of October , 1991. Secre ry of Community commission of San Bernardino e Development the City of 1 2 3 4 5 6 7 8 9 Item: 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 Adopt Resolution. certified copy of Resolution to be returned to Sabo & Green, A 14 Professional Corporation. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 10 11 Action to be Taken: 12 13 SBBO/OOOl1DOC/479/es 06n1l9110:35