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CC Resolution 2011-026RESOLUTION NO. 2011 - 026 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADOPTING THE FISCAL YEAR 2011-2012 THROUGH 2O15-2016 CAPITAL IMPROVEMENT PLAN, CONSENTING TO THE EXPENDITURE OF FUNDS BY THE LA QUINTA REDEVELOPMENT AGENCY FOR CERTAIN IMPROVEMENTS SET FORTH IN SAID PLAN, AND MAKING CERTAIN FINDINGS PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445(a) WITH RESPECT TO THE AGENCY'S EXPENDITURES WHEREAS, pursuant to Government Code Section 66002, the City of La Quinta (the "City") is required to review and adopt a Capital Improvement Plan (the "Plan"); and WHEREAS, the City is required to conduct a noticed public hearing for consideration and adoption of the Plan; and WHEREAS, notice of the public hearing has been given pursuant to Government Code Section 65090; and WHEREAS, the Plan is a five-year planning instrument used by the City to identify capital improvement needs and to coordinate financing and timing of those needs in a manner that maximizes the return to the public;. and WHEREAS, the Plan is a statement of the City's goals, objectives and priorities for a five-year Plan and the financial commitments required to accomplish those objectives; and WHEREAS, the Fiscal Year 2011-2012 through 2015-2016 Plan proposes approximately $123,389,158 in improvement projects and $138,220,579 of unfunded additional improvement projects over the five-year period, commencing on July 1, 2011 and ending June 30, 2016; and WHEREAS, the amount allocated from the Plan for first -year projects, called the "Capital Budget," proposes $65,526,489 in improvements, as shown in Exhibit 1, which is attached hereto and made a part of this Resolution; and WHEREAS, there is inadequate funding within the City's General Fund or from other sources to completely and fully fund the improvements identified within the Capital Budget; and Resolution No. 2011-026 Capital Improvement Program FY 2011/12 - 2015/16 Adopted: April 5, 2011 Page 2 WHEREAS, the completion of the improvements identified within the Capital Budget that are located inside La Quinta Redevelopment Project Area No. 1 ("Project Area No. 1 "), which are identified on Exhibit 1 as funded by "PA #1 " (the "Project Area No. 1 Improvements"), will help to obtain the goals and objectives of Project Area No. 1 as well as to afford an opportunity to eliminate conditions of blight in Project Area No. 1; and WHEREAS, the completion of the improvements identified within the Capital Budget that are located inside La Quinta Redevelopment Project Area No. 2 ("Project Area No. 2"), which are identified on Exhibit 1 as funded by "PA #2" (the "Project Area No. 2 Improvements"), will help to obtain the goals and objectives of Project Area No. 2 as well as to afford an opportunity to eliminate conditions of blight in Project Area No. 2; and WHEREAS, with the legislative body's consent and the satisfaction of certain specified requirements set forth in Health and Safety Code Section 33445, the California Community Redevelopment Law (Health and Safety Code Section 33000 et seq.) (the "CRL") authorizes redevelopment agencies to expend tax increment funds to acquire real property for, and to fund the cost of the installation and construction of, publicly owned buildings, facilities, and improvements; and WHEREAS, certain of the Project Area No. 2 Improvements involve construction of new publicly owned affordable housing buildings (the "Washington Street Work"); and WHEREAS, Health & Safety Code Section 33679 requires that before a redevelopment agency can expend tax increment funds to fund the cost of the installation and construction of publicly owned buildings the agency must prepare a Summary Report to consider the agency's proposed payment for such installation and construction, that the agency's board of directors and the legislative body conduct a noticed joint public hearing with respect to the proposed payment, and that the approval of the proposed payment be accompanied by certain findings and determinations; and WHEREAS, a Summary Report for the Washington Street Work has been prepared and the joint public hearing has been conducted in accordance with applicable requirements of law; and WHEREAS, the City Council has considered all the information and evidence set forth in the Summary Report and presented by persons wishing to appear and be heard concerning the impact of the Washington Street Work on Project Area No. 2 and the City as a whole; and Resolution No. 2011-026 Capital Improvement Program FY 2011/12 - 2015/16 Adopted: April 5, 2011 Page 3 WHEREAS, the Washington Street Work and all of the other Project Area No. 2 Improvements are in accordance with the Redevelopment Plan for Project Area No. 2 and are of benefit to Project Area No. 2 and the City of La Quinta; and WHEREAS, the Project Area No. 1 Redevelopment Plan for Project Area No. and the City of La Quinta; and Improvements are in accordance with the 1 and are of benefit to Project Area No. 1 WHEREAS, all action required of the City to be taken precedent to review and consideration of the Washington Street Work and all of the other Project Area No. 2 Improvements, and the Project Area 1 Improvements by the City have been taken in accordance with applicable law. NOW THEREFORE, BE IT RESOLVED, by the La Quinta City Council, as follows: SECTION 1. The above recitations are true and correct. SECTION 2. Pursuant to Health and Safety Code Section 33445(a), the City Council finds and determines that: A. The Project Area No. 1 Improvements are of benefit to Project Area No. 1, by helping to eliminate blight within Project Area No. 1, in that the Project Area No. 1 Improvements consist of public infrastructure improvements, and the Redevelopment Plan for Project Area No. 1 provides for the elimination, and prevention of the spread, of blight and blighting influences through the installation, construction, or re -construction of streets, utilities, and other public facilities and improvements. B. The Project Area No. 2 Improvements (other than the Washington Street Work, which is addressed in Paragraph C below) are of benefit to Project Area No. 2, by helping to eliminate blight within Project Area No. 2, in that the Project Area No. 2 Improvements (other than the Washington Street Work, which is addressed in Paragraph C below) consist of public infrastructure improvements and one property acquisition, and the Redevelopment Plan for Project Area No. 2 provides for the elimination, and prevention of the spread, of blighting influences through the installation, construction, reconstruction, redesign, or reuse of streets, utilities, curbs, gutters, sidewalks, traffic control devices, flood control facilities and other public improvements, and also provides for property acquisition as a means of eliminating and preventing the spread of blighting influences. C. The Washington Street Work is of benefit to Project Area No. 2, by providing housing for low- or moderate -income persons, in that the Washington Street Work consists of the construction of additional affordable housing units and necessary on- and off -site improvements Resolution No. 2011-026 Capital Improvement Program FY 2011/12 - 2015/16 Adopted: April 5, 2011 Page 4 D. No other reasonable means of financing the Project Area No. 1 Improvements or the Project Area No. 2 Improvements are available to the community, for the following reasons: (i) City monies are dedicated to critical police, fire, and other necessary expenditures, including other capital improvement projects; (ii) the only practical means of paying for the Project Area No. 1 Improvements and the Project Area No. 2 Improvements is to use Agency funding; (iii) without Agency funding for the Project Area No. 1 Improvements and the Project Area No. 2 Improvements, the Project Area No. 1 Improvements and the Project Area No. 2 Improvements would not be completed, all to the detriment of Project Area No. 1 and Project Area No. 2. E. The Project Area No. 1 Improvements and the Project Area No. 2 Improvements are consistent with the Agency's implementation plan adopted pursuant to Health and Safety Code Section 33490 (the "Implementation Plan"), in that improving public infrastructure and facilities within Project Area No. 1 and Project Area No. 2 are goals set forth in the Implementation Plan, and acquiring the Village Area Land described in Exhibit 1 and performing the Washington Street Work are proposed projects set forth in the Implementation Plan. SECTION 3. The Agency's expenditure for the Project Area No. 1 Improvements and the Project Area No. 2 Improvements is necessary to effectuate the purposes of the Redevelopment Plans for Project Area No. 1 and Project Area No. 2 and is in the best interests of the City of La Quinta. SECTION 4. The City Council hereby adopts the Fiscal Year 201 1-2012 through 2015-2016 Capital Improvement Plan, approves the Capital Budget, and authorizes the inclusion of the Capital Budget into the Fiscal Year 201 1-2012 operating budget, which appropriates funds for specific facilities, equipment and improvements. SECTION 5. The City Council hereby consents to the Agency's funding of the Project Area No. 1 Improvements and the Project Area No. 2 Improvements. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 5th day of April, 2010, by the following vote to wit: AYES: Council Members Evans, Franklin, Henderson, Sniff, Mayor Adolph NOES: None ABSENT: None ABSTAIN: None Resolution No. 2011-026 Capital Improvement Program FY 2011112 - 2015116 Adopted: April 5. 2011 Page 5 DON AD LPH, or City of La Quinta, California ATTEST: J. mbNTlfaNO, CMC, CITY CLERK City of La Qdrnta, California (City Seal) APPROVED AS TO FORM: Mf KATHERINE JEN$O , City Attorney City of La Quinta, C ornia a � <�� a� -_, a; =w o�= �� VJQ 3 ' gz xg8 �8 a? a�