HomeMy WebLinkAbout07-063 CC Resolution
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RESOLUTION NO. 07-63
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA MAKING CERTAIN FINDINGS FOR THE
USE OF TAX INCREMENT FUNDS FOR THE PURCHASE
OF THE EAST PUBLIC PARKING FACILITY PURSUANT
TO HEALTH AND SAFETY CODE SECTION 33445
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE
AS FOLLOWS:
Section 1. FindinQs.
declares that:
The City Council hereby finds, determines and
A. The Redevelopment Agency of the City of Temecula ("Agency") is a
community redevelopment agency duly organized and existing under the Community
Redevelopment Law ("CRL"), Health and Safety Code Sections 33000 et seq. and has
been authorized to transact business and exercise the powers of a redevelopment
agency pursuant to action of the City Council of the City of Temecula.
B. On June 12, 1988, the Board of Supervisors of the County of Riverside
adopted Ordinance No. 658 adopting and approving the "Redevelopment Plan for
Riverside County Redevelopment Project No. 1988-1" (hereafter the "Plan") in
accordance with the provisions of the CRL. On December 1, 1989, the City of
Temecula was incorporated. The boundaries of the Project Area described in the Plan
(the "Project Area") are entirely within the boundaries of the City of Temecula. On April
9, 1991, the City Council of the City of Temecula adopted Ordinances Nos. 91-08, 91-
11, 91-14, and 91-15 establishing the Redevelopment Agency of the City of Temecula
and transferring jurisdiction over the Plan from the County to the City. Pursuant to
Ordinance Nos. 91-11 and 91-15, the City ofTemecula and the Redevelopment Agency
of the City of Temecula assumed jurisdiction over the Plan as of July 1, 1991.
C. The proposed Owner Participation Agreement, Ground Sublease for
Promenade Mall East Parking Facility, and Parking Management Agreement (the
"Agreements") provide for the lease or sublease of property, the purchase and sale of,
and the management and operations of a parking facility which is proposed to be
constructed near the Promenade Mall and which has been approved for construction by
the City of Temecula Planning Commission by Resolution No. 07-10 (the "East Parking
Facility").
D. Pursuant to provisions of the Community Redevelopment Law (California
Health and Safety Code Section 33000, et seq.), and in particular Sections 33390,
33391 and 33445 thereof, and the Plan, and in particular Sections 200, 300, 310, 321,
344, and 355 thereof, the Agency proposes to purchase the completed the East Parking
Facility for public parking.
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E. The East Parking Facility is of benefit to the Project Area. Construction
and purchase of the East Parking Facility will benefit the Project Area in that the East
Parking Facility will:(1) provide for public service infrastructure, specifically parking
facilities, as identified in the proceedings and the Redevelopment Plan; (2) promote the
preservation and enhancement of the commercial areas within the Project Area in
accordance with the goals and objectives of the Redevelopment Plan; (3) promote the
expansion of the Project Area's commercial base and local employment opportunities in
accordance with the goals and objectives of the Redevelopment Plan; (4) assist in the
continued development of the Project Area surrounding the East Parking Facility as a
tourist destination with shopping, entertainment and dining facilities and enhancement
of the tourist industry as a major economic force within the Project Area; (5) upgrades
the physical appearance of the Project Area; (6) encourages investment in the Project
Area by the private sector; and (7) contribute to enhanced short term and long term
employment opportunities in the Project Area, including, without limitation, the providing
of jobs to the unemployed and underemployed workers.
F. Construction and purchase of the East Parking Facility will assist in the
elimination of blight in the Project Area as identified in the proceedings establishing the
Project Area and the Implementation Plan for the Project Area adopted in December
2004 pursuant to Health and Safety Code Section 33490 in that the East Parking
Facility will: (1) provide for public service infrastructure, specifically parking facilities, as
identified in the proceedings and the Redevelopment Plan; (2) promote the preservation
and enhancement of the commercial areas within the Project Area in accordance with
the goals and objectives of the Redevelopment Plan; (3) promote the expansion of the
Project Area's commercial base and local employment opportunities in accordance with
the goals and objectives of the Redevelopment Plan; (4) assist in the continued
development of the Project Area surrounding the East Parking Facility as a tourist
destination with shopping, entertainment and dining facilities and enhancement of the
tourist industry as a major economic force within the Project Area; (5) upgrades the
physical appearance of the Project Area; (6) encourages investment in the Project Area
by the private sector; and (7) contribute to enhanced short term and long term
employment opportunities in the Project Area, including, without limitation, the providing
of jobs to the unemployed and underemployed workers.
G. No other reasonable means of financing the East Parking Facility are
available to the City. The prudent budget constraints of the City prevent the City from
financing the proposed East Parking Facility by any means. No moneys of the City are
available to pay for the cost of the East Parking Facilities. The City has allocated
undesignated funds in its reserves for other necessary public improvements, including
high priority traffic, roadway, interchange, flood control, and public improvement projects
which cannot be funded with Agency funds or other special funds. Developer will not
fund public parking spaces, only parking spaces limited to patrons of the Mall.
Traditional methods of financing the East Parking Facility, such as the issuance of
general obligation bonds, are unavailable as a practical matter because of the
extraordinary majority voter approval requirements of two-thirds of the electorate.
Assessment financing or special tax financing of the Public Improvements could
overburden benefiting properties with assessments or special taxes and, in addition,
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special taxes and assessments require a two-thirds vote. Additionally other financing
mechanisms are committed to the development of the proposed City Hall in the Old
Town area.
H. The Public Improvements are consistent with the Agency's
Implementation Plan adopted in December 2004 pursuant to Health and Safety Code
Section 33490 for the reasons cited in this Resolution.
Section 2. Approval of Use of Aqencv Funds for East Parkinq Facility.
Pursuant to Health & Safety Code Section 33445 and the findings set forth above, the
City Council hereby approves the use of tax increment funds for the construction and
purchase of the East Parking Facility as described in this Resolution.
Section 3. Certification. The City Clerk shall certify the adoption of this
Resolution.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 24th day of July, 2007.
Washington, Mayor
ATTEST:
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[SEAL]
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that
the foregoing Resolution No. 07-63 was duly and regularly adopted by the City Council of
the City of Temecula at a meeting thereof held on the 24th day of July, 2007, by the
following vote:
AYES: 5
COUNCIL MEMBERS:
Comerchero, Edwards, Naggar, Roberts,
Washington
NOES: 0
COUNCIL MEMBERS:
None
ABSENT: 0
COUNCIL MEMBERS:
None
ABSTAIN: 0
COUNCIL MEMBERS:
None
. Jones, MMC
City Clerk
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