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HomeMy WebLinkAbout09_097 CC ResolutionRESOLUTION NO. 09 -97 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA MAKING CERTAIN FINDINGS FOR THE USE OF TAX INCREMENT FUNDS FOR THE CONSTRUCTION OF IMPROVEMENTS TO THE CALIFORNIA STATE UNIVERSITY SAN MARCOS AT TEMECULA PURSUANT TO HEALTH AND SAFETY CODE SECTIONS 33445 AND 33679 AND APPROVING THE "FUNDING AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, CITY OF TEMECULA AND CALIFORNIA STATE UNIVERSITY SAN MARCOS FOR THE ESTABLISHMENT OF CALIFORNIA STATE UNIVERSITY SAN MARCOS AT TEMECULA BY CALIFORNIA STATE UNIVERSITY SAN MARCOS LOCATED AT 43890 MARGARITA ROAD, TEMECULA" THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE AS FOLLOWS: 1. Findings. The City Council hereby finds, determines and declares that: 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 of Temecula and the Redevelopment Agency of the City of Temecula assumed jurisdiction over the Plan as of July 1, 1991. C. California State University San Marcos "University will lease from the Temecula Valley Unified School District approximately fourteen thousand three hundred ninety -five (14,395) square feet of the Sparkman Alternative Educational Center located at 32225 Pio Pico Road, Temecula California 92592 which will have the new address of 43890 Margarita Road, Temecula, CA for the purposes of establishing the California State University San Marcos at Temecula in the City of Temecula R /Resos 2009 /Resos 09 -97 1 "CSUSM CSUSM will provide for the education of persons in undergraduate and graduate studies in nursing and allied health care fields as well as general undergraduate and graduate studies and certificate programs. The health care programs at CSUSM will utilize hospitals and health care facilities in the Temecula area for clinical training of the University's health care students. D. Pursuant to provisions of the Community Redevelopment Law (California Health and Safety Code Section 33000, et leg.) and in particular Sections 33390, 33391, 33445 and 33679 thereof, and the Plan, and in particular Sections 200, 300, 310, 321, 344, and 355 thereof, the Agency proposes to provide monetary assistance to the University for the construction and installation of classrooms and laboratory facilities at CSUSM. E. The construction and development of CSUSM is of benefit to the Project Area. The construction and development of CSUSM will benefit the Project Area in that CSUSM will: (1) provide for public service infrastructure, specifically schools and education facilities, as identified in the proceedings and the Redevelopment Plan; (2) promote the preservation and enhancement of the industrial, research and development, and commercial areas within the Project Area in accordance with the goals and objectives of the Redevelopment Plan by providing research and work force for health care providers and business in the area; (3) promote the expansion of the Project Area's industrial, research and development, and 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 industrial and research and development areas Project Area; (5) upgrade the physical appearance of the Project Area; (6) encourage investment in the Project Area by the private sector; (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 and enhancement of the pool of skilled and professional health care workers; (8) provide a vibrant workforce for employers in the Project Area to draw upon by providing university -level educational opportunities generated at CSUSM; (9) provide greater opportunities for employers in the Project Area to provide educational and training opportunities for their employees by providing university -level educational opportunities generated at CSUSM; (10) encourage the development of research and development and professional businesses in the community and particularly in the Project Area by providing university level- educational opportunities in a community; (11) enhance the Agency's efforts to develop college campuses in the Project Area by the development of a strong educational presence by the University in the City; (12) attract new businesses to the Project Area by through the development of an adequately and vibrantly trained workforce; and (13) strengthen the educational opportunities for students in kindergarten through 12th grades by providing accelerated courses and special admittance programs, consistent with the Agency's statutory authority to provide assistance to local schools in order to benefit the Project Area. F. The construction and development of CSUSM will assist in the elimination of blight in the Project Area as identified in the proceedings establishing R /Resos 2009 /Resos 09 -97 2 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 CSUSM will: (1) provide for public service infrastructure, specifically schools and education facilities, as identified in the proceedings and the Redevelopment Plan; (2) promote the preservation and enhancement of the industrial, research and development, and commercial areas within the Project Area in accordance with the goals and objectives of the Redevelopment Plan by providing research and work force for health care providers and business in the area; (3) promote the expansion of the Project Area's industrial, research and development, and 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 industrial and research and development areas Project Area; (5) upgrade the physical appearance of the Project Area; (6) encourage investment in the Project Area by the private sector; (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 and enhancement of the pool of skilled and professional health care workers; (8) provide a vibrant workforce for employers in the Project Area to draw upon by providing university -level educational opportunities generated at CSUSM; (9) provide greater opportunities for employers in the Project Area to provide educational and training opportunities for their employees by providing university -level educational opportunities generated at CSUSM; (10) encourage the development of research and development and professional businesses in the community and particularly in the Project Area by providing university level- educational opportunities in a community; (11) enhance the Agency's efforts to develop college campuses in the Project Area by the development of a strong educational presence by the University in the City; (12) attract new businesses to the Project Area by through the development of an adequately and vibrantly trained workforce; and (13) strengthen the educational opportunities for students in kindergarten through 12th grades by providing accelerated courses and special admittance programs, consistent with the Agency's statutory authority to provide assistance to local schools in order to benefit the Project Area. G. No reasonable means of financing CSUSM are available to the City or the University or the Temecula Valley Unified School District other than the use of the Agency's tax increment funds. 1) The prudent budget constraints of the City prevent the City from financing construction and development of CSUSM by any means. No moneys of the City are available to pay for the cost of the CSUSM improvements. 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. Traditional methods of financing the construction and development of CSUSM, 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, special taxes and assessments require a two- thirds vote. R: /Resos 2009 /Resos 09 -97 3 2) The University has found that no reasonable means of financing construction and development of CSUSM are available to the University. University funds are limited for the expansion of any university facilities. The State of California is in a severe fiscal crisis and funds for capital improvements to the California State University are being severely reduced. The University is soliciting private donations to fund CSUSM. The fundraising efforts have been insufficient to meet all of the costs for the capital improvements required for CSUSM. Additionally, much of the private donations raised by the University for CSUSM are pledged to on -going educational costs and maintenance of the Campus. 3) The Temecula Valley Unified School District "District has also determined that no reasonable means of financing construction and development of CSUSM are available to the District. The State of California is in a severe fiscal crisis and funds for capital improvements to school district facilities have been and will continue to be severely reduced. The District has no funds for the expansion of any district facilities. 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. The Community Redevelopment Law at Health and Safety Code Section 33220 authorizes and encourages cities and redevelopment agencies to aid each other and to cooperate in the planning, undertaking, construction, and operations of redevelopment projects. Sections 33220 (b) and (e) specifically authorize such cooperative agreements between a city and a redevelopment agency to assist each other in the construction of educational facilities. J. The City Council has duly considered all terms and conditions of the proposed CSUSM Funding Agreement and believes that the Agreement is in the best interests of the Agency and City and the health, safety, and welfare of their residents, and in accord with the public purposes and provisions of applicable State and local law requirements. K. The Agreement pertains to and affect the ability of all parties to finance and carry out their statutory purposes and to accomplish the goals of the Plan and each of them is intended to be a contract within the meaning of Government Code Section 53511. L. The District is the lead agency with respect to the California Environmental Quality Act. On November 10, 2009 the District approved a Negative Declaration for CSUSM. The Council concurs in the findings and analysis of environmental impact as set forth in the Negative Declaration. M. On November 24, 2009, the City Council of the City of Temecula, the Board of Directors of the Redevelopment Agency of the City of Temecula and the R /Resos 2009 /Resos 09 -97 4 i University held a duly noticed public hearing pursuant to the requirements of Health and Safety Code Sections 33445 and 33679 and other applicable law to consider the matters set forth herein. The City Council, Agency Board and University provided an opportunity for all persons to comment on these matters and following the close of the public hearing considered all of the written and oral comments presented to the City Council and Agency Board prior to adopting this Resolution. N. On November 10, 2009, the Governing Board of the Temecula Valley Unified School District held a duly noticed public hearing pursuant to the requirements of Health and Safety Code Sections 33445 and 33679 and other applicable law to consider the matters set forth herein. The Governing Board provided an opportunity for all persons to comment on these matters and following the close of the public hearing considered all of the written and oral comments presented to the Governing Board. The Governing Board thereafter adopted Resolution No. 2009 -10/12 making the findings required by Health and Safety Code Sections 33445 and 33679. occurred. O. All legal prerequisites to the adoption of this Resolution have 2. Approval of Use of Agency Funds for California State University San Marcos at Temecula. Pursuant to the findings set forth above, the City Council hereby approves the use of tax increment funds in the amount of three million dollars ($3,000,000.00) for the construction and development of classrooms and laboratory facilities as well as development costs for five years at CSUSM as described in this Resolution. 3. Approval of California State University San Marcos at Temecula Funding Agreement. The City Council of the City of Temecula hereby approves that certain agreement entitled "FUNDING AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, CITY OF TEMECULA AND CALIFORNIA STATE UNIVERSITY SAN MARCOS FOR THE ESTABLISHMENT OF THE CALIFORNIA STATE UNIVERSITY SAN MARCOS AT TEMECULA BY CALIFORNIA STATE UNIVERSITY SAN MARCOS AT 43890 MARGARITA ROAD, TEMECULA" (the "Agreement with such changes in the Agreement as may be mutually agreed upon by the University, the City and the City Manager as is in substantial conformance with the form of such Agreement which is on file in the Office of the City Clerk. The Mayor is hereby authorized to execute the Agreement, including related exhibits and attachments on behalf of the City. A copy of the final Agreement when executed by the Mayor shall be placed on file in the Office of the City Clerk. 4, City Manager's Authority. The City Manager (or his designee), is hereby authorized, on behalf of the City, to take all actions necessary and appropriate to carry out and implement the Agreement, and to administer the City's obligations, responsibilities and duties to be performed under the said Agreement., including but not limited to, approval and execution on behalf of the City of the such acceptances, certificates, certificates of completion and other implementing agreements and documents as contemplated, necessary or described in the Agreement. R /Resos 2009 /Resos 09 -97 5 5. 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 November, 2009. ATTEST: Susan Jones, MMC City Cl-. k [SEAL] R: /Resos 2009 /Resos 09 -97 6 Maryann Edwards Mayor I I I 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. 09 -97 was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 24th day of November, 2009, by the following vote: AYES: 4 COUNCIL MEMBERS: Comerchero, Naggar, Roberts, Edwards NOES: 0 COUNCIL MEMBERS: None ABSENT: 1 COUNCIL MEMBERS: Washington ABSTAIN: 0 COUNCIL MEMBERS: None R: /Resos 2009 /Resos 09 -97 7 Jones, MMC City Clerk