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HomeMy WebLinkAbout1991-5311 "-<>.."u;>r """'" ,.-.i~ '--' RESOLUTION NO. 5311 1 2 3 4 5 6 7 8 created and existing pursuant to the Constitution and the laws of 9 10 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, CALIFORNIA, MAKING FINDINGS AND DETERMINATIONS AS TO THE BENEFIT OF UNDERTAKING CERTAIN PUBLIC IMPROVEMENTS FOR THE TRI CITY REDEVELOPMENT PROJECT AREA (WATERMAN OFF-RAMP IMPROVEMENTS) WHEREAS, the City of San Bernardino, California (the "City"), is a municipal corporation and a charter city duly the State of California (the "city"); and 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 III - 1 - ""'>0;",... <:~ - 1 redevelopment project area or the immediate neighborhood in which 2 the project is located, regardless of whether such improvements 3 are within another project area, or in the case of a project area 4 in which substantially all the land is publicly owned that the 5 improvements are of benefit to an adjacent project area of the 6 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 7 8 9 10 11 12 approved and adopted the Redevelopment Plan for the Tri City 13 Redevelopment Project (the "Redevelopment Plan"); and WHEREAS, the City and the Commission have previously 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 assist in the financing of certain public right-of-way improvements consisting primarily of off-ramp improvements to the aterman Avenue exit of the Interstate Highway 10 and signalization and lighting at the off-ramp terminus at Carnegie rive/Hospitality Lane (the "Off-Ramp Improvements"); and WHEREAS, Off-Ramp Improvements are necessary to provide dequate freeway access to and from the Project Area and the raffic signal and lighting improvement will help regulate raffic flow in connection with use of the Waterman off-ramp; and - 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 1 WHEREAS, the undertaking of the Off-Ramp Improvements 2 will improve the public rights-of-way providing traffic circulation throughout the Project Area thereby making such rights-of-way safer for pedestrian and vehicular traffic which in turn will ensure the health, safety and welfare of residents and occupants of the Project Area as well as other neighborhoods of the city; and WHEREAS, in order to promote the City's health, safety and welfare, it is important that the Off-Ramp Improvements be financed in order to ensure the orderly development of areas in proximity to the rights-of-way including the Project Area and neighboring areas; and WHEREAS, the City and Agency had previously attempted to arrange financing for the Off-Ramp Improvements through the establishment of a loan transaction (the "Loan") from the City to the Agency supported by revenues from the Southeast Industrial Park Redevelopment Project Area which Loan transaction was approved pursuant to'Agency Resolution No. 5202 and Resolution No. 5203 and City Resolution No. 89-382 and Resolution No. 89-383 but which Loan transaction was never implemented; and WHEREAS, since the Loan was never implemented and since funding is now available from the Project Area, it is no longer necessary to rely on the Loan financing and accordingly the Commission deems it desirable to rescind the terms of the Loan and its Resolution No. 5202 and Resolution No. 5203; and - 3 - -- 1 WHEREAS, it is appropriate at this time for the 2 commission to make certain findings and determinations and take 3 certain action with respect to the installation of the Off-Ramp 4 Improvements. 5 6 7 8 9 10 11 12 13 section 2. The Commission approves the payment by 14 the Agency of the costs of the Off-Ramp Improvements to be 15 undertaken in the proj ect Area which are of benefit to such 16 Project Area and other neighborhoods within the City for the 17 reasons set forth in the Recitals hereinabove. The Commission 18 further finds and determines that no other reasonable means of 19 financing the undertaking of the Off-Ramp Improvements is 20 presently available to the City and that the city and the Agency 21 require the use of revenues generated from the Project Area in 22 order to fund the undertaking of the Off-Ramp Improvements. 23 24 Section 3. The provision of the Off-Ramp 25 Improvements will improve traffic and pedestrian safety 26 conditions in and around the project Area for the benefit of 27 occupants of the Project Area which will make the project Area 28 /1/ NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DO HEREBY FIND, RESOLVE, DETERMINE AND ORDER AS FOLLOWS: section 1. The Recitals hereinabove are true and correct and are incorporated herein by this reference. /l~ f' ~ - 4 - r- '-- 1'"' ~ r \..,... 1 more desirable for development which will in turn help eliminate 2 blight within the project Area and other areas of the city. 3 4 5 6 7 8 9 10 11 12 13 appropriate action by that body. 14 I I I 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 I I I 25 III 26 I I I 27 I I I 28 III section 4. The Commission hereby rescinds its Resolution No. 5202 and Resolution No. 5303 in their entirety in order that said Resolutions be of no further force and effect and the Commission hereby further rescinds the Loan transaction as approved by said Resolutions. section 5. The Commission Secretary is hereby authorized and directed to cause this Resolution to be transmitted to the Council for consideration in connection with - 5 - l;Jj.~,~ 1 \- 2 3 4 5 6 7 8 -- I""""'- '-' RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, CALIFORNIA, MAKING FINDINGS AND DETERMINATIONS AS TO THE BENEFIT OF UNDERTAKING CERTAIN PUBLIC IMPROVEMENTS FOR THE TRI CITY REDEVELOPMENT PROJECT AREA (WATERMAN OFF-RAMP IMPROVEMENTS) Section 6. 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 9 adopted by the Community Development Commission of the City of 10 San Bernardino at a thereof, held on the meeting Reqular day of October 7th 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1991, by the following vote, to wit: commission Members: AYES NAYS ABSTAIN ABSENT ESTRADA REILLY HERNANDEZ MAUDSLEY MINOR POPE-LUDLAM MILLER x x x x x x x enneth J. Henderson hereby -, / ed this The day of 7th comb Chairman lopment Commission San Bernardino Approved as to form and legal 26 ~ 27 By: . / c../'Agency C nsel 28 SBEO\OOOl\DOC\S08\cs content: - 6 - #,'W"-'''''''- ~ 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. 5311 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 City of San Bernardino this 7th day of October , 1991. e evelopment e City of San '-" " , i ! :1 I . I , ~ . , . i I " ~\.-"'~ -aBa I . r , i . I : I ' I i I ! I i I . \---- I -- ". ... --_.!!-.... ~:-::-:':":"':::~ ._; . ;TJI6I-~JV"l1WKEU"-8I'r--==ll I , \ ' , II ., i \- \ \ '-