HomeMy WebLinkAbout1991-5273
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SBE00001-363/3591S/dc
04/30/90 1050
RESOLUTION NO. 5273
A RESOLUTION OF THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF SAN BERNARDINO ~
FINDINGS AND DETERMINATIONS AS TO THE BENEFIT OF
CERTAIN PUBLIC RIGHT-OF-WAY IMPROVEMENTS FOR THE
TRI-CITY REDEVELOPMENT PROJECT AREA (NINTH STREET
UNDERGROUNDING PROJECT)
WHEREAS, the City of San Bernardino, California (the
lOCi 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 (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 Counci I 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 wi thin or without the
...w~
boundaries of
a
redevelopment project
area
if
the Counc i I
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determines: (1) that such buildings, facilities, structures or
other improvements are of benefit to the redevelopment project area
or the immediate neighborhood in which the project is located,
regardless of whether such improvement is wi thin another proj ect
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 Tri-City
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
"Project Area") and the residents, both within the Project Area and
within the City generally, that the City causes the construction and
installation of certain public right-of-way improvements which
include the undergrounding of utility lines and related landscaping
to a portion of Ninth Street located in proximity to the Proj ect
Area (the "Public Right-of-Way Improvements"); and
WHEREAS, Ninth Street is a major east-west arterial running
through and providing access to and from one of the subareas
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comprising the the Project Area and its improvement is necessary in
order to ensure the health, safety and welfare of Project Area
residents and specifically the occupants of said subarea; and
WHEREAS, development of the Public Right-of-Way
Improvements will cause the development of the Ninth Street
right-of-way to be undertaken in a manner consistent with the goals
of the Redevelopment Plan and will assist in the elimination of
blighting conditions that would otherwise exist on such right-of-way
in proximity to the Project Area; and
WHEREAS, the development of the Public Right-of-Way
Improvements will also create safer traffic conditions and will
improve the aesthetic conditions in and around the Project Area
which in turn will make the Project Area more desirable for
development thereby benefiting said Project Area; and
WHEREAS, Ninth Street also serves as a major arterial
providing access to several other project areas of the Agency and
its improvement in accordance wi th the goals of the Redevelopment
Plan will help eliminate blight and provide safer traffic
circulation conditions which in turn will benefit such other project
areas of the Agency; and
WHEREAS, in order to promote the City's health, safety and
welfare, it is important that the Public Right-of-Way Improvements
be financed in order to ensure the orderly development of the
"-, Proj ect Area and neighboring areas; and
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WHEREAS, it is appropriate at this time for the Commission
to request that the Council make certain findings and determinations
and take certain action with respect to the installation and
construction of the Public Right-of-Way Improvements.
NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION ACTING
ON BEHALF OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. The Recitals hereinabove are
correct and are incorporated herein by this reference.
true
and
Section 2. The Commission consents to the payment by
the Agency of the costs of the Public Right-of-Way Improvements to
be constructed in proximity to the Project Area which are of benefit
to such Project Area and other neighborhoods and project areas
within the City for the reasons set forth in the Recitals
hereinabove. The Commission further finds and determines that no
other reasonable means of financing the installation and
construction of the Public Right-of-Way Improvements 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 and
other project areas of the Agency in order to fund the construction
and installation of the Public Right-of-Way Improvements.
Section 3. The provision of the Public Right-of-Way
Improvements will improve traffic safety and aesthetic conditions in
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~. .,
and around the Project Area and other project areas of the Agency
thereby making the Project Area more desirable for development which
will in turn help eliminate blight within such Project Area and
other areas of the City.
Section 4. The Secretary of the Commission 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.
Section 5.
effect upon adoption.
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Effecti ve Date.
This Resolution shall take
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RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE
CITY OF SAN BERNARDINO MAKING FINDINGS AND DETERMINATIONS AS TO THE
BENEFIT OF CERTAIN PUBLIC RIGHT-OF-WAY IMPROVEMENTS FOR THE TRI-CITY
REDEVELOPMENT PROJECT AREA (NINTH STREET UNDERGROUNDING PROJECT).
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Community Development Commission of the City of
San Bernardino at a Adiourned Reqular meeting thereof, held on
the 11th day of March ,1990, by the following vote, to wit:
Commission Members:
AYES
NAYS
ABSTAIN
ESTRADA
REILLY
FLORES
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
x
x
x
x
x
x
x
UJ~
Secretar, rnNN TH J. HENDERSON
of
The
March
day
the
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.
COMMUNITY DEVELOPMENT COMMISSION OF THE
CITY OF SAN BERNARDINO, CALIFORNIA
Item:
RESOLUTION OF
THE CITY OF
DETERMINATIONS
RIGHT-OF-WAY
REDEVELOPMENT
UNDERGROUNDING
Action to
be Taken:
Adopt Resolution.
AGENDA
May 7, 1990
THE COMMUNITY DEVELOPMENT COMMISSION OF
SAN BERNARDINO MAKING FINDINGS AND
AS TO THE BENEFIT OF CERTAIN PUBLIC
IMPROVEMENTS FOR THE TRI-CITY
PROJECT AREA (NINTH STREET
PROJECT)
Certified copy of Resolution to be returned to Hawkins, Delafield &
Wood.
SBE00001/3591S