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HomeMy WebLinkAbout1991-5310 1 2 3 4 5 6 7 8 "city"), RESOLUTION NO. 5310 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 is a municipal corporation and a charter city duly 9 created and existing pursuant to the Constitution and the laws of 10 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 and politic of the State of California, organized and existing 17 pursuant to the Community Redevelopment Law (Part 1 of 18 Division 24) commencing with section 33000) of the Health and 19 Safety Code of the State of California (the "Act"); and 20 21 WHEREAS, pursuant to section 33445 of the Act, the 22 Agency may, with the consent of the Mayor and Common Council of 23 the City (the "Council"), pay all or a part of the cost of 24 installation and construction of any building, facility, 25 structure or other improvement which is publicly owned either 26 within or without the boundaries of a redevelopment project area 27 if the Agency determines: (1) that such buildings, facilities, 28 structures or other improvements are of benefit to the - 1 - 1,1> r-.iiTfI-1 V 1 redevelopment proj ect area or the immediate neighborhood in which 2 the proj ect 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 WHEREAS, it is in the interests of the present 17 landowners within the project area subject to the State College 18 Redevelopment Plan (hereinafter referred to as the "proj ect 19 Area") and the residents, both within the Project Area and within 20 the City generally, that the Agency assist in the financing of 21 certain public right-of-way landscaping improvements which 22 improvements are to be undertaken adjacent to government-owned 23 properties on major streets within the Project Area and within 24 the City generally and which improvements will be primarily on or 25 adjacent to sidewalks (the Right-of-Way Landscaping 26 Improvements"); and 27 I I I ~ 28 III - 2 - 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 .k'-~~ WHEREAS the Right-of-Way Landscaping Improvements are to be undertaken both within the Project Area and within certain major right-of-ways which are adjacent and in proximity to the Project Area, as well as within other major rights-of-way within the city all of which rights-of-way are used by occupants and residents of the Project Area and many of which provide direct access to and from the Project Area; and 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 other 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 27 governmentally owned properties will have the effect of making 28 such properties more desirable for private development which - 3 - 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 12 Commission to make certain findings and determinations and take 13 certain action with respect to the installation of the Right-of- 14 Way Landscaping Improvements. '''I:'~ 15 16 NOW, THEREFORE, BE IT RESOLVED, BY THE COMMUNITY t 7 DEVELOPMENT COMMISSION ACTING ON BEHALF OF THE REDEVELOPMENT 18 AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AS FOLLOWS: 19 20 Section 1. The Recitals hereinabove are true and 21 correct and are incorporated herein by this reference. 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 - - ~ 1 i 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 Section 3. The provision of the Right-of-Way 8 Landscaping Improvements in the Project Area will improve the 9 economic desirability of certain properties within the Project 10 Area and adjacent thereto, will improve aesthetic conditions and 11 will improve traffic and pedestrian safety conditions in and 12 around the Project Area which will make the Project Area more 13 desirable for residential and other development which will in 14 turn help eliminate blight within such Project Area and other 15 areas of the City. 16 17 section 4. The Agency Secretary is hereby 18 authorized and directed to cause this Resolution to be 19 transmitted to the Council for consideration in connection with 20 appropriate action by that body. 21 I I I 22 III 23 III 24 I I I 25 III 26 I I I 27 I I I 28 III - 5 - 1 t~- 2 3 4 5 6 7 8 9 10 11 12 13 - 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 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 Reqular thereof, held on the day of October 7th 1991, by the following vote, to wit: commission Members: 14 ESTRADA 15 REILLY HERNANDEZ 16 MAUDSLEY MINOR 17 POPE-LUDLAM MILLER 18 19 20 ABSTAIN ABSENT AYES NAYS x x x x x x - x 7th The foregoing resolution day of October this 21 22 23 24 25 Approved as to form and legal content: 26 27 BY/~A_) 28 SBEO\OOOl \D0C\480\es - 6 - 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 STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss 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. 5310 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. ~~ Secretary of he Community Development Commission of the City of San Bernardino