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HomeMy WebLinkAbout11-020 CC Resolution RESOLUTION NO. 11-20 A RESOLUTION OF THE OF THE CITY COUNCIL OF THE CITY OF TEMECULA MAKING CERTAIN FINDINGS FOR THE USE OF TAX INCREMENT FUNDS FOR THE CONSTRUCTION OF PUBLIC IMPROVEMENTS FOR THE CITY OF TEMECULA PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445 AND APPROVING THE "FUNDING AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AND THE CITY OF TEMECULA FOR CERTAIN PUBLIC IMPROVEMENTS TO BE OWNED BY THE CITY WITHIN THE TEMECULA REDEVELOPMENT PROJECT AREA" THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE AS FOLLOWS: Section 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. The Plan has been amended by Ordinance Nos. 94-33, 06-11 and 07-20 adopted by the City CounciL C. The Agency duly adopted its Implementation Plan for 2010-2014 on December 8, 2009 in accordance with Health and Safety Code Section 33490. R:/Resos 2011/Resos 11-20 1 D. 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 agreements between a city and a redevelopment agency to assist each other in the construction of public parking, road and public facility projects. The proposed Agreement is authorized by the provisions of Section 33220. E. The Plan provides in Section 200 for the development and construction of public improvements to serve the Project Area. In pursuing the general objectives set forth in the Plan, Section 200 provides that the Agency expects to provide a broad range of public service infrastructure improvements to induce private investment in the Project Area. Such improvements could include the construction or reconstruction of roads, streets, curbs and gutters, sidewalks, street lights, water storage and distribution facilities, sewage collection systems, drainage and flood control facilities, overpasses and bridges, park and recreation facilities, community center/auditorium/convention center facilities, or sheriff's . substation. F. Pursuant to provisions of the Community Redevelopment Law (California Health and Safety Code Section 33000, et se�c .), and in particular Sections 33390, 33391, 33421 and 33445 thereof, and the Plan, and in particular Sections 200, 300, 305, 321, 344, 353 and 355 thereof, the Agency proposes to pay for the design, property acquisition, construction, installation and management of the following public improvements to be owned by the City of Temecula within the Project Area pursuant to the proposed Funding Agreement (described in Section 3), with the estimated costs of the public improvement . shown in parentheses (the "Public Improvements"), all of which are located within the Project Area: 1) North Old Town Entrance Roundabout ($2,500,000); 2) Interstate-15 Pedestrian Bridge ($8,000,000); 3) Sixth Street Bridge Extension ($10,000,000); 4) Third Street Pedestrian Bridge ($3,000,000); 5) Sixth Street Parking Structure ($14,500,000); 6) Second Street Parking Structure ($20,000,000); 7) Murrieta Creek Bridge and Overland Drive Extension to Diaz Road ($19,923,375); 8) Western Bypass Bridge Over Murrieta Creek ($13,908,593); 9) History Museum Expansion ($1,250,000); R:/Resos 2011/Resos 11-20 2 10) Old Town Gymnasium ($4,200,000); and 11) Old Town Sidewalk Rehabilitation ($450,000). G. The construction and development of the Public Improvements are of benefit to the Project Area. The construction and development of the Public Improvements will benefit the Project Area in that Public Improvements will, individually and collectively: (1) provide for the development of the public infrastructure and to improve and rehabilitate the public infrastructure as identified in the proceedings and the Plan and the Implementation 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 Plan by providing infrastructure necessary to accommodate the development and rehabilitation for such uses; (3) promote the preservation and enhancement of the residential uses within the Project Area for low and moderate income housing in accordance with the goals and objectives of the Plan by providing the infrastructure necessary to accommodate preserve and enhance such uses; (4) promote the expansion of local employment opportunities in accordance with the goals and objectives of the Plan, including, without limitation, the providing of jobs to the unemployed and underemployed workers in the design and construction of the Public Improvements and to enhance the job opportunities arising from development of the industrial, research and development, and commercial areas; (5) upgrade the physical appearance of the Project Area; (6) encourage investment in the Project Area by the private sector; and (7) attract new businesses to the Project Area by through the development of public infrastructure necessary for new businesses and an adequately and vibrantly trained workforce. H. The construction and development of the Public Improvements 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 2009 pursuant to Health and Safety Code Section 33490 in +that the Public Improvements will, individually and collectively: (1) provide for the development of the public infrastructure and to improve and rehabilitate the public infrastructure as identified in the proceedings and the Plan and the Implementation 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 Plan by providing infrastructure necessary to accommodate the development and rehabilitation for such uses; (3) promote the preservation and enhancement of the residential uses within the Project Area for low and moderate income housing in accordance with the goals and objectives of the Plan by providing the infrastructure necessary to accommodate preserve and enhance such uses; (4) promote the expansion of local employment opportunities in accordance with the goals and objectives of the Plan, including, without limitation, the providing of jobs to the unemployed and underemployed workers in the design and construction of the Public Improvements and to enhance the job opportunities arising from development of R:/Resos 2011/Resos 11-20 3 the industrial, research and development, and commercial areas; (5) upgrade the physical appearance of the Project Area; (6) encourage investment in the Project Area by the private sector; and (7) attract new businesses to the Project Area by through the development of public infrastructure necessary for new businesses and an adequately and vibrantly trained workforce. I. No reasonable means of financing the Public Improvements are available to the City other than the use of the Agency's tax increment funds. The prudent budget constraints of the City prevent the City from financing construction and development of Public Improvements by any means. No moneys of the City are available to pay for the cost of Public 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 Public Improvements, 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. J. The Public Improvements are consistent with the Agency's Implementation Plan adopted in December 2009 in accordance with Health and Safety Code Section 33490 for the reasons cited in this Resolution. K. The City Council has duly considered all terms and conditions of the proposed 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. L. 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. M. All of the Public Improvements have been subject to CEQA review commensurate with their current level of planning. No further action pursuant to the California Environmental Quality Act ("CEQA") is required at this time for the Public Improvements as part of the approval of the Agreement for the funding of the Public Improvements. The proposed funding of the Public Improvements includes funding of any further analysis that might be required by CEQA for the Public Improvements. Any further CEQA review that might be required will be conducted at the earliest possible time for these Public Improvements. The Director of Planning and Redevelopment shall file the appropriate notice of exemption or determination for the actions taken in this Resolution. R:/Resos 2011/Resos 11-20 4 1) With the exception of the Murrieta Creek Bridge/Overland Extension to Diaz Road, Western Bypass Bridge Over Murrieta Creek, and History Museum Expansion, all of the Public Improvements were analyzed in the Environmental Impact Report for the Old Town Specific Plan approved by the City Council on May 11, 2010 and the EIRs for the Plan. Moreover, the proposed funding for the Public Improvements includes funding for any further analysis that might be required by CEQA for these Public Improvements. There is no new information of substantial importance which would show that these Public Improvements will have one or more significant effects not previously discussed in the OTSP and Plan FEIR. 2) The Murrieta Creek Bridge/Overland Extension to Diaz Road and History Museum Expansion Public Improvements were reviewed in the Environmental Impact Report for the City's General Plan approved by the City Council on April 12, 2005 and the EIRs for the Plan. Moreover, the proposed funding for the Public Improvements includes funding for any further analysis that might be required by CEQA for these two Public Improvements. These Public Improvements do not involve any significant new effects nor change the baseline environmental conditions. There is no new information of substantial importance which would show that these Public Improvements will have one or more significant effects not previously discussed in the General Plan and Plan FEIR. 3) On June 24, 2008, 2010 the City Council approved the CEQA review for the Western Bypass Bridge Over Murrieta Creek Improvement was reviewed under CEQA and approved by the City Council on June 24, 2008 as well as the Environmental Impact Report for the City's General Plan approved by the City Council on April 12, 2005 and the EIRs for the Plan. This Public Improvement does not involve any significant new effects nor change the baseline environmental conditions. There is no new information of substantial importance which would show that these Public Improvements will have one or more significant effects not previously discussed in the General Plan and Plan FEIR. � N. On November 24, 2009, the City Council of the City of Temecula and the Board of Directors of the Redevelopment Agency of the City of Temecula 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 and Agency 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 City Council and Agency Board prior to adopting this Resolution. O. All legal prerequisites to the adoption of this Resolution have occurred. . R:/Resos 2011/Resos 11-20 5 Section 2. A�proval of Use of Aqencv Funds for Public Improvements. Pursuant to the findings set forth above, the City Council hereby approves the use of tax increment funds in an amount not to exceed ninety eight million dollars ($98,000,000.00) for the construction and development of the Public Improvements as described in this Resolution. Section 3. Approval of City of Temecula Fundinq Agreement for Public Improvements. 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 AND THE CITY OF TEMECULA FOR CERTAIN PUBLIC IMPROVEMENTS TO BE OWNED BY THE CITY WITHIN THE TEMECULA REDEVELOPMENT PROJECT AREA" (the "Agreement"), with such changes in the Agreement as may be mutually agreed upon by the City Manager and the Agency Executive Director as is in substanfial 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. Section 4. City Manager's Authoritv. In addition to the scope of the authority of the City Manager as set forth in the Agreement, 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. Section 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 22" day of February, 2011. Ron Roberts, Mayor ATTEST: Susan W. Jo es, MMC ity Cler [SEAL] R:/Resos 2011/Resos 11-20 6 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. 11-20 was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 22� day of February, 2011, by the following vote: AYES: 4 COUNCIL MEMBERS: Comerchero, Naggar, Washington, Roberts NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None ABSTAIN: 1 COUNCIL MEMBERS: Edwards �= . Susan . Jones, MMC City Clerk R:/Resos 2011/Resos 11-20 7