R 3937
RESOLUTION NO. 3937
A RESOLUTION OF THE. CITY COUNCIL OF THE CITY OF ARROYO
GRANDE CONSENTING TO THE FUNDING BY THE ARROYO
GRANDE REDEVELOPMENT AGENCY FOR UNDERGROUNDING OF,
OR RELOCATION OF, CERTAIN UTILITY POLES AND LINES AT 1400-
1480 EAST GRAND AVENUE
WHEREAS, the Arroyo Grande Redevelopment Agency ("Agency") is a public body,
corporate and politic, organized and existing under the California Community
Redevelopment Law (Health & Safety Code ~ 33000 et seq.); and
WHEREAS, the Agency and the City Council of the City of Arroyo Grande ("City" or
"City Council," as appropriate), in accordance with all applicable law, previously adopted
the Redevelopment Plan for the Arroyo Grande Redevelopment Project Area, as
amended ("Project Area"); and
WHEREAS, the Agency proposes to expend up to $120,000 to fund the undergrounding
or relocation of certain utility poles and lines at 1400-1480 E. Grand Avenue within the
Project Area (the "Project"); and
WHEREAS, the California Community Redevelopment Law, at Health and Safety Code
Section 33445, provides that a redevelopment agency may pay for all or part of the cost
of the installation and construction of a publicly owned improvement, whether inside or
outside a redevelopment project area, if the redevelopment agency and the legislative
body, which in this case is the City Council, each adopt a resolution making certain
findings; and
WHEREAS, all actions required by applicable law to be taken by the Agency precedent
to the adoption of this Resolution have been taken in accordance with applicable law.
NOW, THEREFORE, the City Council of the City of Arroyo Grande resolves as follows:
Section 1. The foregoing Recitals are true and correct and are incorporated herein.
Section 2. The City Council finds and determines as follows:
A. That the Agency funding for the Project in an amount not to exceed $120,000 is
of benefit to the Project Area, in that the Agency funding will facilitate the redevelopment
of the area including creation of a new commercial pad within the adjacent shopping
center and thus stimulating new economic activity that will generate new property tax
increment
d
B. That no other reasonable means of financing the Project, other than using
Agency funding, are currently available to the community, in that (i) City monies are
dedicated to critical operational areas such as police, fire, and other necessary
expenditures, including capital improvement projects, as identified in the City's capital
RESOLUTION NO. 3937
PAGE 2
improvement budget; (ii) the revenue sources available to the City have been reduced
each year by various State legislative actions resulting in lower City general funds to
meet present and future capital improvement and infrastructure needs; (iii) limits on
local control over traditional revenue sources make it infeasible for the City to raise new
local tax revenues; (iv) the only practical means of funding the Project is Agency
funding; and (v) without Agency funding, the Project would be unable to proceed or
significantly delayed, thus hindering future redevelopment of the Project Area.
C. That the Agency's funding identified herein will assist in eliminating one or more
blighting conditions inside the Project Area, including the existence of inadequate public
facilities.
D. That the Agency's funding identified herein is consistent with the Agency's
adopted Five Year Implementation Plan for 2004/05-2008/09, in that the Implementation
Plan identifies, in Tables 4 and 5, the redevelopment of the adjacent shopping center as
an Agency project and program and a key component to that effort is the Project
described herein for which Agency funding is necessary.
Section 3. The City Council, in its independent judgment, finds and determines that
the Agency's funding described herein and the Project are categorically exempt from
the California Environmental Quality Act ("CEQA") pursuant to 14 C.C.R. SS 15301 and
15302(b ).
Section 4. The City Council hereby:
(i) consents to the Agency funding for the Project in an amount not to exceed $120,000;
(ii) consents to the authority granted by the Agency to its Executive Director to enter into
an agreement not to exceed $120,000 for the Project; and
(ii) authorizes and directs the City Manager and authorized designees to take such
other and further actions, and sign such other and further documents as are necessary
and proper to implement this Resolution on behalf of the City.
On motion of Council Member Guthrie, seconded by Council Member Dickens, and on
the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
Council Members Guthrie, Dickens, Costello, Arnold, and Mayor Ferrara
None
None
the foregoing Resolution was passed and adopted this 25th day of July, 2006.
RESOLUTION NO. 3'137
PAGE 3
TONY~
APPROVED AS TO CONTENT:
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srE EN ~S"C:ITY MANAGER
ATTORNEY
,
OFFICIAL CERTIFICATION
I, KELLY WETMORE, City Clerk of the City of Arroyo Grande, County of San Luis
Obispo, State of California, do hereby certify under penalty of perjury, that Resolution
No. 3937 is a true, full, and correct copy of said Resolution passed and adopted at a
regular meeting of the City Council/Redevelopment Agency of the City of Arroyo Grande
on the 25th day of July 2006.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 26th day of
July 2006.
Vt...L-.
RE, CITY CLERK