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HomeMy WebLinkAbout03-061 CC ResolutionRESOLUTION NO. 03-61 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PAYMENT BY THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA FOR ALL OR A PART OF THE COST OF INSTALLING AND CONSTRUCTING THE RANCHO CALIFORNIA ROAD BRIDGE WIDENING PROJECT OVER MURRIETA CREEK THE CITY COUNCIL OF THE CITY OF TEMECULA HEREBY RESOLVES AS FOLLOWS: Section 1.The City Council of the City of Temecula does hereby find, determine and declare that: a. The Redevelopment Agency of the City of Temecula (the "Agency") is authorized by the Section 33445 of the Community Redevelopment Law (Health & Safety Code Section 33000, et se__q.) and Section 355 of the Redevelopment Plan (the "Plan") for Redevelopment Project No. 1 1988 (the "Project Area") to install and construct public improvements of benefit to the Project Area. The Agency proposes to pay for all or a part of the cost of installing and constructing the widening of the Rancho California Bridge over Murrieta Creek to accommodate six lanes of traffic which is located in the Old Town Area of the Project Area as specified in the following documents on file in the Office of the Director of Redevelopment ("Improvements"): b. The Agency will use a portion of the proceeds of its tax increment bond issue, for which debt service is funded by tax increment revenues, to install and construct the Improvements. c. The installation and construction of the Improvements will benefit the Project Area. d. The payment of funds for the cost of the Improvements will assist in the elimination of one or more blighting conditions inside the Project Area, as identified in the proceedings establishing the Project Area in that the Improvements would: (1) Provide for public service facilities, specifically, as identified in the proceedings and the Plan; (2) Improve access to the Project Area; (3) promote the preservation and enhancement of the Old Town Area and its western theme in accordance with the goals and objectives of the Plan and the Old Town Specific Plan; (4) promote the expansion of the Project Area's commercial base and local employment opportunities within the Old Town Area; and (5) assist in the continued development of the Old Town Area as a tourist destination and enhancement of the tourist industry as a major force within the community. e. No other reasonable means of financing the Improvements are available to the City. The City does not have an existing pool of bond proceeds from which to fund the Improvements. The City's available development impact fee funds and reserve funds are allocated to other high priority traffic and public improvement projects. R:/Resos 2003/Resos 03-61 I Traditional methods of financing 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. The properties affected by the Improvements could not support special taxes or assessments sufficient to fund the Improvements and special tax financing requires a two-thirds vote of the electorate and assessment financing is subject to majority protest. Section 355 of the Plan specifically provides for the funding of the Improvements with tax increment revenues. f. The payment of funds for the cost of the Improvements is consistent with the Agency's Implementation Plan adopted pursuant to Section 33490 of the Community Redevelopment Law. g. This Agreement pertains to and affects the ability of the City to finance its statutory obligations and for all parties to finance and carry out the purposes of this Agreement and the goals of the Plan and is intended to be a contract within the meaning of Government Code Section 53511. h. The method of funding the Improvements was considered at a duly notice public hearing held on May 27, 2003 jointly before the City Council of the City of Temecula and the Redevelopment Agency of the City of Temecula in accordance with the requirements of Health and Safety Code Section 33679. Additionally, the summary required by Section 33679 was prepared in accordance with said section and was available to the public at the time of first publication of the notice of hearing. At said hearing the Agency and Council carefully considered all of the evidence presented and the testimony of interested persons on the Improvements. i. The Improvements are being undertaken pursuant to the Plan for which a full and complete Environmental Impact Report was prepared and certified prior to adoption of the Plan. Additionally the Improvements were proposed as a part of the Old Town Specific Plan for which an environment review was completed and certified in 1994. The approval of the Improvements is exempt from CEQA pursuant to Sections 15180, 15262(I), 15301, and 15163 of the CEQA Guidelines (Title 14, Chapter 3 of the California Administrative Code) and Public Resources Code Section 21090. None of the findings set forth in Sections 15162 or 15163 of the CEQA Guidelines (Title 14, Chapter 3 of the California Administrative Code) requiring a subsequent or supplement environmental impact report can be made and, therefore, further environment review is not required pursuant to the authority of Section 15180 of the CEQA Guidelines and other applicable law. Section 2. The City Council hereby approves payment by the Agency for the all or a part of the cost of the installation and construction of the Improvements. Section 3. The officers of the City are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents which they may deem necessary or advisable in order to effectuate the purposes of this Resolution and any such actions previously taken by such officers are hereby ratified and confirmed. Section 4. This Resolution shall take effect immediately upon adoption. Section 5. The City Clerk shall certify to the passage of this Resolution. R:/Resos 2003/Resos 03-61 2 PASSED, APPROVED AND ADOPTED by the City Council of the City of Temecula this 27th day of May, 2003. ATTEST: [SEAL] t,.~efCr~y ~rFL~. Stone, Mayor STATE OF CALIFORNIA COUNTY OF RIVERSIDE ss CITY OF TEMECULA I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that Resolution No. 03-61 was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof on the 27th day of May, 2003, by the following roll call vote: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNClLMEMBERS: AYES: 4 NOES: 1 ABSENT: 0 ABSTAIN: 0 Comerchero, Naggar, Roberts, Stone Pratt None None R:/Resos 2003/Resos 03-61 3