Loading...
R 4343 RESOLUTION NO. 4343 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING A FUNDING AGREEMENT BY AND BETWEEN THE CITY AND THE ARROYO GRANDE REDEVELOPMENT AGENCY, AND MAKING THE FINDINGS REQUIRED BY HEALTH & SAFETY CODE SECTION 33445, FOR AGENCY FUNDING OF THE LE POINT STREET IMPROVEMENTS AND PARKING LOT EXPANSION PROJECT, PW 2011 -02 WHEREAS, the Arroyo Grande Redevelopment Agency ( "Agency ") is a public body, corporate and politic, authorized under the provisions of the California Community Redevelopment Law (Health & Safety Code §33000 et seq.) ( "CRL "), to undertake redevelopment activities in the community of Arroyo Grande; and WHEREAS, the City of Arroyo Grande ( "City") is a municipal corporation organized and existing under the laws of the State of California; and WHEREAS, the City Council, by adoption of Ordinance No. 487 C. S. on June 10, 1997, approved and adopted the Redevelopment Plan for the Arroyo Grande Redevelopment Project Area, as thereafter amended from time to time ( "Redevelopment Plan "); and WHEREAS, the Redevelopment Plan delineates the Arroyo Grande Redevelopment Project Area ('Project Area "); and WHEREAS, the City has commenced a public project, known as Le Point Street Improvements and Parking Lot Expansion Project, PW 2011 -02, to (i) construct an additional approximately 73 public parking spaces on a City owned site (with a portion leased by the City with option to purchase) located to the south and east of the house at 132 Le Point Street, (ii) widen Le Point Street, (iii) install a water line, (iv) sidewalk improvements, and (v) associated improvements related to compliance with the Americans With Disabilities Act (collectively, the "Public Project "); and WHEREAS, the site of the Public Project is within the Project Area and the Public Project will benefit and serve the Project Area, and specifically the Village Commercial District portion of the Project Area, by alleviating the blighting condition of inadequate public improvements including inadequate public parking facilities; and WHEREAS, pursuant to Health and Safety Code Sections 33445, the Agency, with the consent of the City, may pay for the cost of the land for and the installation of publicly owned facilities and improvements inside or contiguous to a redevelopment project area within the community, provided the Agency and City Council make certain required findings set forth in Sections 33445; and WHEREAS, the City and Agency, pursuant to the authority set forth in Health and Safety Code Sections 33445, desire to make available a portion of the Agency's tax increment revenues allocated to and received by the Agency pursuant to Health and Safety Code Section 33670(b), in an amount not to exceed SIX HUNDRED FORTY -SIX RESOLUTION NO. 4343 PAGE 2 THOUSAND THIRTY -NINE DOLLARS ($646,039.00) (the "Agency Funds "), to pay for, or assist in paying for, the construction of the Public Project; and WHEREAS, the Agency staff and City staff have prepared a Funding Agreement (the "Agreement ") to commit and effectuate the use of the Agency Funds in the amount described above (the "Project Costs ") for the Public Project; and WHEREAS, because no part of the Public Project is a publicly owned building, Health and Safety Code Section 33679 is not applicable; and WHEREAS, the City and Agency each desire to enter into the Agreement for the purposes set forth above and declare that their entering into the Agreement is in the best interests and welfare of the residents of the Project Area as well as the businesses located within the Village Commercial District portion of the Project Area, and effectuates the purposes of the Redevelopment Plan, including but not limited to as it pertains to the Village Commercial District portion of the Project Area, and the purposes of the CRL specifically therein the policies and purposes evidenced by Health and Safety Code Section 33445. NOW, THEREFORE, the City Council of the City of Arroyo Grande resolves as follows: Section1. The foregoing Recitals are true and correct and are incorporated herein and made a part hereof. Section 2. The City Council finds and determines: (1) That, pursuant to Health and Safety Code Section 33445(a)(1), the Public Project, all of which is located inside or contiguous to the Project Area, to be funded with Agency Funds pursuant to the Agreement, is of benefit to the Project Area by helping to eliminate blight within the Project Area, in that: (a) By adoption of Ordinance 487 C. S., the territory within the Project Area has been conclusively determined under law to be a blighted area as defined by law. (b) The essential purpose of the Redevelopment Plan is the redevelopment of the Project Area by alleviating blighting conditions in the Project Area, which Ordinance No. 487 C. S. identified as including inadequate public improvements including inadequate parking facilities. The Redevelopment Plan identifies as an objective the provision of public infrastructure and community facilities, including community facilities addressing public infrastructure improvements and community facilities such as construction or reconstruction of streets and utilities, improvements to meet ADA standards, and improvements to meet parking deficiencies including in the Village portion of the Project Area. RESOLUTION NO. 4343 PAGE 3 (c) The Public Project will therefore directly help alleviate the foregoing described blighting conditions and thereby benefit the Project Area, including therein the Village Commercial District portion of the Project Area. (2) That, pursuant to Health and Safety Code Section 33445(a)(2), no other reasonable means of financing the Public Project is available to the community for the following reasons: (a) Potential actions by the State of California to address the State budget are likely to reduce local revenues and increase mandated local services, and these likely changes have necessitated a reassessment of the need for retention of City funds for other projects and the need for alternative funding for the Public Project. (b) Other City monies are dedicated to critical police, fire, and other necessary expenditures, including the other capital improvement projects shown on the City's Capital Improvement Program. (c) The continued decline in the local and national economy, and reasonable projections in connection therewith, has delayed, and potentially reduced, City funds necessitating the need for alternative funding to be used for the payment for the Public Project. (d) Limits set forth in the State Constitution and State law on local control over traditional revenue sources make it infeasible for the City to raise new local revenues to meet the cost of the Public Project. (e) Sound financial practices require that payment for all or part of the cost of the Public Project be made using the Agency Funds and the failure to use the Agency Funds would be detrimental to the community including specifically the residents and businesses within the Village Commercial District portion of the Project Area. (3) That, pursuant to Health and Safety Code Section 33445(a)(3), the payment of the Agency Funds for the Public Project is consistent with Agency's adopted Section 33490 Five Year Implementation Plan FY 2009 -10 Through FY 2013 -14 (the "Implementation Plan "), in that: (a) A goal of the Agency as set forth in the Implementation Plan is to provide necessary public facilities to implementation the preservation and expansion of the Village Commercial District portion Project Area, including infrastructure upgrades. (b) The Implementation Plan identifies inadequate public parking facilities as a blighting condition continues to exist in the Project Area. (c) The Implementation Plan specifically identifies the Public Project as a forecasted program and project to be undertaken by the Agency during the Implementation Plan period. RESOLUTION NO. 4343 PAGE 4 (4) That, consistent with Health and Safety Code Section 33445(b)(2), public parking projects, street and sidewalk improvements, and walkway and handrail improvements, within Project Area are among the type of public infrastructure and facilities improvements identified in the Redevelopment Plan necessary for promotion of economic development in the Project Area and the economic restructuring of the Village area of the Project Area. Section 3. The City Council hereby approves the Funding Agreement in the form on file with the City Clerk concurrent with the adoption of this Resolution, and authorizes and directs that either the Mayor or City Manager sign the Funding Agreement on behalf of the City. Section 4. The City Manager and authorized designees are hereby authorized and directed to take such other and further actions, and sign such other and further documents, as are necessary and proper in order to implement this Resolution on behalf of the City. Section 5. Pursuant to Section 15168 of the State CEQA Guidelines (14 Cal. Code Regs. § 15000 et seq.), the funding and activities that are the subject of this Resolution are covered by the previously approved Mitigated Negative Declaration adopted by the City Council on February 8, 2011. Section 6. If any section, subsection, subdivision, paragraph, sentence, clause or phrase, or portion of this Resolution is, for any reason, held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, or is rendered invalid, void, or unenforceable as a result of a change in State or federal law, such decision shall not affect the validity or effectiveness of the remaining portions of this Resolution or any part thereof. The City Council herby declares that it would have adopted this Resolution and each section, subsection, subdivision, paragraph sentence, clause or phrase of this Resolution irrespective of the fact that one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional or invalid or ineffective. To this end the provisions of this Resolution are declared to be severable. On motion of Council Member Costello, seconded by Council Member Ray, and on the following roll call vote, to wit: AYES: Council Members Costello, Ray, Guthrie, Brown, and Mayor Ferrara NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 8 day of March 2011. RESOLUTION NO. '1393 PAGE 5 TONY FER2. : , MAYOR ATTEST: KELLY W MO�E, CITY CLERK APPROVED AS TO CONTENT: �VEN ADAMS, CITY MANAGER APPROVED AS TO FORM: f\---- TI OTHY J. RMEL, CITY ATTORNEY (__ I OFFICIAL CERTIFICATION I, KELLY WETMORE, City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of Califomia, do hereby certify under penalty of perjury, that Resolution No. 4343 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 8th day of March 2011. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 10 day of March 2011. _i / c KELLY E,ORE, CITY CLERK