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HomeMy WebLinkAbout1990-5235 SBE00099-25/3552S/nb 02/28/90 0415 '>t"l"",,,,,' RESOLUTION NO. 5235 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 SOUTHEAST INDUSTRIAL PARK REDEVELOPMENT PROJECT AREA 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, wi th 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 bui lding, facility, structure or other improvement which is publicly owned ei ther wi thin or without the boundaries of a redevelopment project area if the Counci I - 1 - """- 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 Southeast Industrial Park 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 Agency causes the acquisition, construction and installation of certain public right-of-way improvements to (i) Arrowhead Avenue between Mill Street and 3rd Street, (ii) Mill Street between "E" Street and Waterman Avenue, (iii) "E" Street between Mill Street and Orange Show Road and (iv) Orange Show Road (hereinafter collectively referred to as the "Public Right-of-Way Improvements"); and - 2 - "'"- WHEREAS, the aforementioned rights-of-way are major arterials which ei ther run directly into the Project Area or are located adjacent to the Project Area and provide traffic circulation to and from the Project Area; and WHEREAS, development of the Public Right-of-Way Improvements will alleviate traffic congestion problems, improve traffic circulation and traffic safety conditions in and around the Project Area which in turn will facilitate commercial and industrial development within the Project Area thereby benefiting said Project Area; and WHEREAS, in order to promote the City's health, safety and welfare, it is important that the Public Right-of-Way Improvements required for the Project Area 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 Council to 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 Reci tals hereinabove are correct and are incorporated herein by this reference. true and ."~" - 3 - 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 and adj acent to the Proj ect 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 Commission further finds and determines that no other reasonable means of financing the acquisition, installation and construction of the Public Right-of-Way Improvements is presently avai lable to the Ci ty and that the City and the Agency require the use of revenues generated from the Project Area in order to fund the acquisition, construction and installation of the Public Right-of-Way Improvements. Section 3. The provision of the Public Right-of-Way Improvements in the Project Area will improve traffic circulation and traffic safety conditions which will help facilitate development of the Project Area and immediate neighborhoods by making the Project Area more desirable for economic and industrial activity which will in turn help eliminate blight within such Project Area. Section 4. The Secretary of the Commission is hereby authorized and directed to cause this Resolution to be transmitted to the Common Council for consideration in connection with appropriate action by that bOdy. Section 5. date of its adoption. This Resolution shall take effect upon the - 4 - 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 SOUTHEAST INDUSTRIAL PARK REDEVELOPMENT PROJECT AREA. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Community Development Commission of the City of San Bernardino at a PPGTn l'1"R meeting thereof, held on the 5th day of March , 1990, by the following vote, to wit: Commission Members: AYES NAYS ABSTAIN or ABSENT ESTRADA REILLY FLORES MAUDSLEY MINOR POPE-LUDLAM MILLER x X X X X X ,##:lil........ "-' X ~~+ secre~;y/' '- . The foregoing resolution is hereby approved this 6th day of March , 1990. Approved as to form and legal content: ,,-':"-,,,", B~~) Agency Co sel -- - 5 - tf"'"'''' SECRETARY'S CERTIFICATE \.-. OF ADOPTION AND AUTHENTICATION I, Robert J. Temple, Secretary of the Commun;ty Development Comm;ss;on, DO HEREBY CERTIFY, that the attached Resolut;on h a true an correct copy of Resolut;on No. 5235 adopted March 5th 19 90 , by the Commun;ty Development Comm;ss;on of the C;ty of San Bernard;no, by the vote set forth below, and that sa;d Resolut;on has not been amended or repealed. Check Appropr;ate Box Comm;ss;on Members YES NAYS ABSENT ABSTAIN ESTHER ESTRADA (x ) ( ) ( ) ( ) JACK REILLY (x ) ( ) ( ) ( ) ";,iIIlo.~ JESS FLORES (x ) ( ) ( ) ( ) MICHAEL MAUDSLEY (x ) ( ) ( ) ( ) TOM MINOR (x ) ( ) ( ) ( ) VALERIE POPE-LUDLAM ( ) ( ) ( x ) ( ) NORINE MILLER (X ) } ( ) ( ) DATED: March 6th , 1990. SEAL "-' Secr tary, of Development Comm;ss;on of the C;ty of San Bernard;no