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HomeMy WebLinkAbout3023 • rt BOOK8ii9 PAU i559 Recording requested by: _ r�ccc�� s CITY OF REDLANDS S +.1 :=A. COlq i Y CAL j0 rf T 13 11 CA1-4 L . I `,F:CORD R I NO FEE E WHEN PECnrODFD MAR. TO C9Y CU RI<, C;T\ _> i., 1973 FEB 13 Pall 2 26 `,% 773 RESOLUTION NO. 3023 A RESOLUTION OF THE COUNCIL OF THE CITY OF REDLANDS, CALIFORNIA, AMEND- ING RESOLUTION NO. 2951, DECLARING ITS INTENTION TO ESTABLISH A PEDES- TRIAN MALL IN SAID CITY, DESCRIBING THE DISTRICT DEEMED BENEFITED BY THE ESTABLISHMENT OF SAID MALL AND TO BE ASSESSED TO PAY CLAIMS ALLOWED OR AWARDED BY REASON OF SUCH ESTABLISHMENT, PROPOSING IMPROVEMENTS TO BE MADE ON SAID MALL; DETERMINING THE METHOD OF FINANCING SUCH IMPROVE- MENTS, AND FIXING THE TIME AND PLACE FOR HEARING PROTESTS AND OBJECTIONS TO THE ESTABLISHMENT OF SAID PEDESTRIAN MALL OR THE EXTENT OF THE DIS- TRICT TO BE ASSESSED TO PAY SUCH CLAIMS, OR BOTH, AND GIVING NOTICE THEREOF WHEREAS, a petition has been presented to this Council requesting that this Council take proceedings for the establishment of a pedes- trian mall pursuant to the Pedestrian Mall Law of 1960 (Part 1 of Di- vision 13 of the Streets and Highways Code of the State of California) , making recommendations in connection therewith, and waiving each petitioner' s rights to seek to prevent the establishment of said pro- posed pedestrian mall and to recover damages or compensation on account of such establishment except by means of a claim for damages filed in accordance with Section 11304 of the Streets and Highways Code; NOW, THEREFORE, the Council of the City of Redlands, California, DOES HEREBY RESOLVE, DETERMINE AND ORDER as follows. Section 1 That this Council hereby finds and determines (which .. finding and determination shall be final) that said petition and its several counterparts have been signed by the owners in fee of property fronting on those portions of State Street and Fifth Street which are Coe part of the mall as recommended in said petition representing at least 80% of such frontage. Section 2. That this Council hereby determines that the public interest and convenience require the-establishment of the pedestrian mall hereinafter described and that vehicular traffic will not be un- duly inconvenienced thereby, and accordingly this Council hereby declares its intention to establish such pedestrian mall pursuant to said Pedestrian Mall Law of 1960 . Section 3 That a general description of the city streets, or portions thereof, which are proposed to be established as a pedestrian mall, and a general description of the "Mall Intersections" as defined in said law are as follows, to wit- STATE STREET between the easterly line of Fourth Street and the westerly line of Seventh Street INCLUDING as a part of said Mall the intersection of said State Street with Fifth Street, but EXCLUDING from said Mall the intersections of said State Street with Orange Street and Sixth Street; FIFTH STREET between the most southerly line of the alley between State Street and Redlands Boulevard and the most northerly line of Citrus Avenue, EXCLUDING the intersection of said Fifth Street with 1 Section 4. That a general description of the intersecting streets as defined in said law is as follows : FIFTH STREET between Redlands Boulevard and Citrus Avenue, Section 5. That for an exact description of the location and ex- tent of said pedestrian mall, said mall intersections and said inter- secting streets, reference is made to a plat entitled, "Plan and Profile of Proposed State Street Pedestrian Mall", on file in the office of the City Clerk of the City of Redlands . Section 6. That this Council proposes to adopt an ordinance pro- hibiting all vehicular traffic on said pedestrian mall subject to the following exceptions, to wit. (a) Exceptions permitting commercial vehicles to travel on the mall outside of designated business hours but only on those portions of the mall designated for that purpose. (b) Exceptions in favor of emergency vehicles of all types (c) Exceptions in favor of any commercial or public utility vehicle holding a "permit of necessity" from the Superintendent of Streets and entering the mall for the purpose of perfoLiuing work or services on the mall or on private properties abutting thereon. (d) Exceptions in favor of vehicles traveling on a portion of State Street to parking areas within the pedestrian mall. These proceedings under said Pedestrian Mall Law of 1960 and the adoption of the aforementioned ordinance notwithstanding, the City of Redlands and this Council shall retain its police powers and other rights and powers relating to the city streets constituting a part of said pedestrian mall. No action taken pursuant to said Law shall be interpreted or construed to be a vacation or abandonment, in whole or in part, of any city street or any right therein, it being intended that the establishment of said pedestrian mall pursuant to said law be a matter of regulation only Nothing herein or in said Law shall C0 be interpreted or construed to prevent said city and this Council, at 00 any time subsequent to the adoption of the aforementioned ordinance, from abandoning the operation of said pedestrian mall, from changing the extent of said pedestrian mall, or from changing or repealing any of the rules and regulations pertaining to said pedestrian mall. Section 7m That a general statement of the source of money pro- posed to be used to pay damages, if any, allowed or awarded to any property owner by reason of the establishment of said pedestrian mall is as follows, to wit. This Council proposes to pay the whole of damages based on claims filed pursuant to Section 11304 of the Streets and Highways Code, if any, and allowed or awarded to any property owner by reason of the establishment of said pedestrian mall from the proceeds of assessments Resolution No. 3023 - Page two p � BoOK8i1 PAGE1561 levied upon lands benefited by the establishment of said pedestrian mall. A general description of the district within which lie the lands deemed by this Council to be benefited by the establishment of said proposed pedestrian mall is as follows- All that portion of Blocks 7, 8, 9, 10, 11, 12, 13 and 14, Redlands Town Plat, as recorded in Book 5 of Maps, Page 10 in the office of the County Recorder, County of San Bernardino, State of California, togeth- er with that portion of State Street lying between the East right-of- way line of Fourth Street and the West right-of-way line of Seventh Street and those portions of Orange Street, Fifth Street, Sixth Street, and those portions of the alleys lying within said Blocks, more partic- ularly described as follows : Beginning at the intersection of the Southerly prolongation of the West line of Lot 8 of said Block 7, said West line of Lot 8, Block 7 also being the East line of Fourth (4th) Street, with the centerline of the alley (14 feet wide) lying within said Block 7; thence East along the centerline of said alley to its intersection with the centerline of Orange Street, thence South along the centerline of Orange Street 49 feet, more or less, to its intersection with the Westerly prolongation of a line that is parallel with and distant North 2.25 feet from the North line of Lot 7, of said Block 10; thence East along said parallel line to its intersection with the Northerly prolongation of the West line of Lot 6 of said Block 10 ; thence South along said Northerly prolongation 1 foot; thence East and parallel with the North line of said Lot 6, a distance of 30 feet, thence South 1,25 feet to a point on the North line of said Lot 6, distant West 10 feet from the Northeast corner of said Lot 6; thence East along the North line of Lot 6 and Lot 5, 50 feet to the Northeast corner of said Lot 5; thence North along the Northerly prolongation of the East line of said Lot 5 to its intersection with a line parallel with and 44,25 feet north of the North line of said Lots 4 and 3 in Block 10; thence East along last said parallel line to its intersection with the West line of said Lot 2 in Block 10; thence North along said West line of said Lot 2 in Block 10 to its intersection with a line parallel with and 78e25 feet North of said North line of Lots 4 and 3 in Block 10; thence East along last said parallel line 40 feet to its intersection with the West line of said Lot 1 in Block 10; thence South along said West line of Lot 1 'ram in Block 10 to its intersection with the Westerly prolongation of said alley in Block 11; thence East along said Westerly prolongation and the centerline of the alley in Block 11 and Block 14 to the intersec- tion with the West line of Seventh (7th) Street; thence South along said West line of Seventh Street, 330 feet to its intersection with the Easterly prolongation of the alley centerline in Block 13; thence West along said Easterly prolongation and the centerline of the alley in Block 13 and Block 12, a distance of 570 feet to its intersection with the Northerly prolongation of the East line of Lot 7, in said Block 12; thence South along last said prolongation and the East line of said Lot 7, 125 feet to the Southeast corner of Lot 7 in Block 12 on the North line of Citrus Avenue; thence West along said North line Resolution No, 3023 - Page three OU811.9 PACEI562 of Citrus Avenue to its intersection with a line parallel with and 39,08 feet West of the East line of said Lot 1 in Block 9; thence North along last said parallel line to its intersection with said centerline of alley in Block 9, thence West along the centerline of the alley in said Block 9 and the alley in Block 8 to its intersection with the Southerly prolongation of the West line of Lot 8 of said Block 8, said West line of Lot 8, Block 8 also being the East line of Fourth (4th) Street; thence North along said East line of Fourth Street, 330 feet to the point of beginning. Said district and its exterior boundary line are shown on a dia- gram on file in the office of the City Clerk of said City and entitled "diagram showing proposed assessment district of lands deemed benefited by the proposed State and Fifth Street Improvement District. " This Council hereby states that an assessment will be levied pur- suant to said Pedestrian Mall Law of 1960 to pay the whole of the damages based on claims filed pursuant to Section 11304 of the Streets and Highways Code, if any, and allowed or awarded to any property own- er by reason of the establishmend of said pedestrian mall and the costs and expenses in connection with proceedings or actions taken pursuant to said Law. Serial bonds, bearing interest at a rate not to exceed six per cent (6%) per annum, shall be issued to represent assessments not paid within thirty (30) days from the date of recording said assessment. Said assessment is to be levied and said bonds are to be issued and sold substantially in the manner provided in the Vehicle Parking Dis- trict Law of 1943 (Part 1 of Division 18 of the Streets and Highways Code) as said Vehicle Parking District Law of 1943 is made applicable by said Pedestrian Mall Law of 1960 . The bonds shall extend over a period or term of nineteen (19) years from that second day of January on which the first installment of principal of said bonds is payable as provided in said Vehicle Parking District Law of 1943 . Section 8. That in connection with the initial establishment of said pedestrian mall this Council proposes that said pedestrian mall be improved by the construction thereon of work and improvement of a kind and nature necessary or convenient to the operation of a pedes- trian mall, a general description of which is as follows, to wit- 1 A structure, work, or improvement necessary or conven- CJO ient to serve members of the public using such pedestrian mall, consisting of an arbor-trellis on both sides of State Street covering the sidewalk from Fourth Street to Seventh Street, and providing shade and shelter from rain and permitting sufficient light and air circulation. 2 . Construction or rehabilitation of sidewalks on State Street from Fourth Street to Seventh Street. 3 . Such painting as may be necessary or convenient to serve members of the public using such pedestrian mall. Resolution No, 3023 - Page four BOOK 1 9 PA1E1563 4. Landscaping and tree planting of the pedestrian mall, 5 . Vehicular traffic prohibited on the Fifth Street area of the pedestrian mall; vehicular traffic prohibited in part on the State Street area of the pedestrian mall, with construction and improvement of vehicular parking areas on a portion of said city street established as a pedestrian mall, for its primary use by pedestrians, including travel by them from vehicular park- ing areas over the pedestrian mall. 6 Decorative structures and improvements consisting of trellises over State Street at Fourth Street, Fifth Street, and Seventh Street. 7 Removal of old light standards, outdated flag poles, street signs, and other work necessary or convenient to serve members of the public using such pedestrian mall. 8 . Street lighting facilities 9 . Vehicular parking areas on State Street, within the pedestrian mall. 10 . Drainage works, gutters and flood control facilities. 11. Benches, and other display facilities . 12. All other structures, works, or improvements necessary or convenient to serve members of the public using such pedestrian mall. A general statement of the sources of moneys proposed to be used to pay the costs and expenses of such improvements is as follows, to wit: said improvements are proposed to be made and financed all or in part by voluntary contributions from owners of properties within the district, or they may be made or financed under the Improvement Act of 1911 and if such Act should not apply for any reason, all or part of the said improvements are proposed to be made or financed under the Improvement Act of 1913 or a similar special assessment law. r" Section 9. That notice is hereby given that the 15th day of May, CO 1973, at the hour of 7 :00 o'clock, P M. , are the day and hour when, and the Council Chambers of this Council in the Safety Hall of said City is the place where, all protests and objections to the establish- ment of said proposed pedestrian mall, or to the extent of the district described in Section 7 hereof, or both, will be heard by this Council. Any and all persons having any ob]ection to the establishment of said proposed pedestrian mall or to the extent of said district, or both, may file a written protest with the City Clerk of said City at any time not later than the hour so fixed for the hearing. Section 10 . That any person owning or having any legal or equitable interest in any real property which might suffer legal Resolution Nos 3023 - Page five t ru _ BOOK8I, 9 PAGEI564 damage by reason of the establishment of said pedestrian mall may file a written claim for damages with said City Clerk at any time not later than the hour so fixed for hearing. Any such written claim must de- scribe the real property as to which the claim is made, must state the exact nature of the claimant' s interest therein, must state the nature of the claimed damage thereto, and must state the amount of damages claimed. Section 11 . That the City Clerk shall cause this resolution to be published pursuant to Section 6066 of the Government Code once a week for two successive weeks in the Redlands Daily Facts, a newspaper of general circulation published within said City, the first publication to be made not later than ninety (90) days prior to the date fixed herein for hearing. Section 12. That the said City Clerk is hereby directed to mail a copy of this resolution, postage prepaid, not less than ninety (90) days prior to the date set for hearing, to each of the following persons. (a) Each person to whom a parcel of land abutting upon any por- tion of said pedestrian mall or any portion of any intersecting street (as hereinbefore described) is assessed as shown on the last equalized assessment roll, at his address as shown upon said roll; (b) Each person to whom a parcel of land within the assessment district described in Section 7 hereof is assessed as shown on said roll, at his address as shown upon said roll; and (c) Any person, whether owner in fee or having a lien upon, or legal or equitable interest in, any of the parcels of land described in (a) and (b) above, whose name and address and a designation of the land in which he is interested is on file in the office of said City Clerk. Section 13 . That the Superintendent of Streets of this City is hereby directed to cause copies of this resolution headed "Notice of Intention to Establish a Pedestrian Mall" in letters at least one-half inch in height to be posted not more than 300 feet apart on all streets or portions thereof which are proposed to be established as said pedes- trian mall, on all intersecting streets as hereinbefore defined, and upon all open streets within the assessment district described in Sec- tion 7 hereof. Such copies shall be posted not less than ninety (90) days prior to the date set for hearing. ADOPTED, SIGNED AND APPROVED this 6th day of February, 1973 . DO ATTEST: _ M r of the City of Re ands, California Ci / erk 67 APPROVED FOR FORM. City Attorney Resolution No. 3023 - Page six