Loading...
CC Resolution 2004-048 RESOLUTION NO. 2004-048 -- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINT A, CALIFORNIA MAKING CERTAIN FINDINGS PURSUANT TO HEALTH AND SAFETY CODE SECTIONS 33445(8) AND 33679 AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE CONSTRUCTION OF PUBLIC BUILDINGS AT THE MUNICIPAL GOLF COURSE WHEREAS, on the 15th day of May, 2001, the City Council for the City of La Quinta ("City Council") approved the 2001-2002 Economic Development Plan which included implementation policies supporting economi,c diversification, business expansion, economic protection and preservation, and recreational opportunities; and WHEREAS, the California Community Redevelopment Law, at Health and Safety Code Section 33445, requires that before the La Quinta Redevelopment Agency (" Agency") may pay for the cost of publicly owned improvements, the Agency and the City Council must adopt a resolution making certain findings; and WHEREAS, on April 15, 2002 and on October 21, 2003, the City Council - made findings pursuant to Health and Safety Code Section 33345 to approve the expenditure of tax increment funds the Agency receives pursuant to Health and Safety Code Section 33670 to fund all or part of the value of land for and the cost of the installation and construction of the Golf Course; and WHEREAS, the City Council now owns 525 acres of property (the "SilverRock Property") located in La Quinta Redevelopment Project Area No.1 (the "Project Area"); and WHEREAS, the City Council wishes to update its prior findings now that it the Agency is ready to commence construction of the public buildings on the Golf Course; and WHEREAS, the need for recreational facilities and opportunities was documented as one of the conditions of blight that justified the formation of the La Quinta Redevelopment Project Area No.1 ("Project Area"), as cited in the October 1 983 Report to the La Quinta City Council on the Proposed Redevelopment Plan for La Quinta Redevelopment Project Area No.1; and WHEREAS, the construction of the Golf Course would afford the Agency -- the opportunity to address some of the aforementioned conditions of blight; and . è I Resolution No. 2004-048 SilverRock Resort Health & Safety Code Findings Adopted: April 6, 2004 Page 2 WHEREAS, the Agency's Implementation Plan prepared pursuant to Health and Safety Code Section 33490 provides for the Golf Course; and WHEREAS, the Golf Course 'will be located in the Project Area; and WHEREAS, there is inadequate funding within the City's General Fund or from other sources to construct the GoH Course; and WHEREAS, Section 518 of the Redevelopment Plan for La Ouinta Redevelopment Project Area No.1, as amended by Amendment No.1, authorizes the Agency to undertake the funding of the Golf Course; and WHEREAS, the California Community Redevelopment Law, at Health and Safety Code Section 33679 requires that if any of the publicly owned improvements to be funded with Agency funds is a publicly owned building, and the Agency's funds for such - purpose are tax increment funds the Agency receives pursuant to Health and Safety Code Section 33670, the Agency and City Council must hold a duly noticed joint public hearing in connection with the proposed use of Agency funds for such purpose and in connection therewith have prepared a report summarizing (i) the estimated amounts of such tax increment funds to be used for such purpose, (ii) the facts supporting the findings required to be made pursuant to Health and Safety Code Section 33445 , and (iii) setting for the redevelopment purpose for which such funds are being used to pay for such purpose (the "Summary Report"); and WHEREAS, the City Council, in compliance with Health and Safety Code Section 33679, duly noticed a public hearing on the matter of the use of Agency funds for payment for the cost of the installation and construction of certain publicly owned improvements made part of the Golf Course; and WHEREAS, the Summary Report was duly and timely prepared and made available for public review, inspection, and copying in compliance with Health and Safety Code Section 33679; and WHEREAS, on April 6, 2004, the City Council held its duly noticed public hearing on the Agency's payment for certain publicly owned improvements associated with the Golf Course ("Public Hearing"); and WHEREAS, at the Public Hearing the City Council received and considered the staff report and such other information, testimony, and evidence as presented; and -- - ---- -------- -- ----- - -- -- - --------------- --- Resolution No. 2004-048 - SllverRock Re80rt He8lth . Safety Code Anding. , Adopt8d: April 6, 2004 : Page 3 I . NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of La Guinta, California as follows: SECTION 1. The above recitations are true and correct and are adopted as the findings of the City Council. SECTION 2. Pursuant to Health and Safety Code Section 33445 (a), the City Council finds and determines that: A. The Golf Course will be located within the Project Area and thus will provide recreational facilities and opportunities for the residents, businesses, property owners, and others located within the Project Area, as well as the City at-large. B. That no other reasonable means of financing the buildings, facilities, structures, and other improvements are available to the community other than Agency funding. In light of the current economic situation in the nation, the State and locally, the continuing requirement for the City and Agency to provide :- contributions to the State, and that City general funds are already' committed to i expenditures for necessary police, fire, and other public safety purposes, recreational purposes, administrative, operations, mai tenance purposes, and other previously identified capital improvements, Age cy funding is the only available source of funds to the community for the Gol Course. C. The Golf Course will assist in the elimination of one or more blighting conditions inside the Project Area, including the lack of rec eational facilities and opportunities, and is consistent with the Agency's Imple entation Plan adopted pursuant to Health and Safety Code Section 33490. SECTION 3. The City Council consents to the Age! cy appropriating and expending funds up to $11,510,000 to facilitate the construc ion of the Golf Course. PASSED, APPROVED and ADOPTED at a regular meeting 9f the City Council of the City of La Quinta, California held on this 6th of April, 200 ~ the following vote: I I I AYES: Council Members Henderson, Osborne, Perkins; n'ff, Mayor Adolph i , i NOES: None : I ABSENT: None I I ¡ ABSTAIN: None . - -- ---- Resolution No. 2004-048 SilverRock Resort Health & Safety Code Findings Adopted: April 6, 2004 Page 4 ' ATTEST: ~d -ef~n-1J JU E . REEK, CMC, erk City of La Quinta, California (SEAL) APPROVED AS TO FORM: ------ -- - ~-- ---,- ---- -------------- -- -- - ---"-- .