Loading...
HomeMy WebLinkAboutCC Reso No 2000-18RESOLUTION NO. 2000-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVING AND AUTHORIZING THE CITY'S EXECUTION OF A JOINT PROJECT FUNDING AGREEMENT BY AND AMONG THE CITY, THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE, AND THE COUNTY OF RIV~RSIDE AND MAKiNG CERTAIN FINDINGS IN CONNECTION THEREWITH WHEREAS, the Redevelopment Agency of the City of Lake Elsinore ("Agency") is a pubic body, corporate and politic, formed by the City Council of the City of Lake Elsinore (the "City") and exercising its powers pursuant to the Califomia Community Redevelopment Law (Health and Safety Code Section 33000 et seg.); and WHEREAS, the City Council of the City has adopted, by Ordinance No. 671, a Redevelopment Plan ("Redevelopment Plan") for the Rancho Laguna Redevelopment Project No. II (the "Project Area"); and WHEREAS, pursuant to Health and Safety Code Section 33368, the Project Area is conclusively presumed to be a blighted area, and the Agency continues to be engaged in activities necessary to carry out and implement the Redevelopment Plan; and WHEREAS, in order to carry out and implement the Redevelopment Plan, the Agency is undertaking certain activities necessary for redevelopment of the Project Area in accordance with provisions of the California Community Redevelopment Law, including the implementation of traffic and circulation unprovements provided for in the City's General Plan; and WHEREAS, the Agency is authorized, pursuant to Section 33445 of the Community Redevelopment Law, to pay for all or part of the land for and the cost of the installation of any public facility or improvement either within or without a particular project area upon a deternunation of the City Council and Agency that (i) the facilities or improvements are of benefit to the Project Area or the immediate neighborhood in which the project is located, (ii) that no other reasonable means of financing such facilities and improvements are auailable to the community, and (iii) that the payment of funds for the costs of such facilities or improvements will assist in the alleviation of one or more blighting conditions inside the project area and is consistent with the implementation plan adopted pursuant to Section 33490 of the Community Redevelopment Law; and WHEREAS, in fixrtherance of the public purposes of the Agency and the City, the Agency desires to enter into a Joint Funding Agreement (the "AgreemenY') by and among the Agency, the City, and the County of Riverside ("County") pursuant to which the Agency would pay a portion of the costs incurred in undertaking improvements to Mission Trail between Malaga Road and Corydon Street (the "Improvements"); and WHEREAS, the Improvements are provided for in the Redevelopment Plan for the Project Area, and the City and the Agency have similar public purposes far the construction of the Improvements; and WHEREAS, in accordance with Sections 33333.3 and 33352(k) of the Community Redevelopment Law, the California Environmental Quality Act (California Public Resources Code Section 21000 et seq.: "CEQA"), the State CEQA Guidelines (Title 14, California Code of Regulations Section 15000 et seq.), and procedures adopted by the Agency relating to environmental evaluation of public and private projects, the Agency caused an environmental impact report to be prepared to identify and analyze the potential environmental impacts associated with public and private activities undertaken to implement the Redevelopment Plan; and WHEREAS, CEQA Section 21090 provides that all public and private activities or undertakings pursuant to, or in furtherance of, a redevelopment plan shall be deemed to be a single project; amplifying this, Section 15180 of the CEQA Guidelines provides that an EIR on a redevelopment plan shall be treated as a program EIR with no subsequent EIRs required for individual components of the redevelopment plan unless a subsequent EIR ar a supplement to an EIR would be required by Section 15162 or 15163 of the CEQA Guidelines; and WHEREAS, pursuant to Section 15168(c) of the CEQA Guidelines, the Agency's staff considered the Improvements in light of the program EIR for the Redevelopment Plan as well as inforxnation provided by the County in its role as the "lead agency" under CEQA to determine whether any additional environmental documentation needed to be prepared; and WHEREAS, the review by Agency staff indicates that the whole "projecP' of which the Improvements are a part is within the scope of the previously approved Redevelopment Plan for which a program EIR was previously certified, and therefore further environmental documentation is not required in accordance with Section 15168(c) of the CEQA Guidelines; and WHEREAS, on June 13, 2000, the Agency and City Council each held public meetings on the Improvements, at which time they reviewed and evaluated the Improvements, the benefit to the Project Area to be derived from the Improvements; whether there were other reasonable means of financing the Improvements to be provided by the Agency; whether the Agency's payment of a portion of the costs of the Improvements would assist in the alleviation of one or more blighting conditions inside the Project Area and is consistent with the Agency's adopted Implementafion Plan; stafF reports prepared on this matter; and all of the information, testimony, and evidence presented during the public meetings; and WHEREAS, a11 actions required by all applicable law with respect to the Improvements have been taken in an appropriate and timely manner; and WHEREAS, the City Council has duly considered all terms and conditions of the proposed Agreement and believes that the installation of the Improvements is in the best interests of the City and the health, safety, and welfaze of its residents, and in accord with the public purposes and provisions of applicable state and locallaws and requirements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elsinore as follows: Section 1. The City Council hereby finds and determines, based upon substantial evidence provided in the record before it: A. That the foregoing Recitais are true and correct. B. That the City Council has received and heard all oral and written objections to the Agency's proposed payment of a portion of the costs for the Improvements and to any other matters pertaining to this transaction, and that all such oral and written objections are hereby overruled. C. That the Improvements are of benefit to the Project Area and are necessary to effectuate the purposes of the Redevelopment Plan. This finding is based upon the record of the public meetings, the Redevelopment Plan and the record of the joint public hearings for the adoption of the Plan, the City's General Plan, the reasons expressed herein, and upon the fact that the Improvements will alleviate ira~c impacts by improving circulation deficiencies within the City, thereby encouraging further redevelopment of the Project Area. D. That there are no other reasonable means of financing the construction of the Improvements available to the community other than Agency funding. This fmd'mg is based upon the record of the public meetings considering the Improvements, the reasons expressed herein, and upon the fact that City general fund revenues are required and necessary for vital public services, and that Agency financing is necessary to pay for the a portion of the costs for the Improvements. E. That the Agency's payxnent of a portion of the costs for the Improvements will assist in the alleviation of one or more blighting conditions inside the Project Area and is consistent with the Agency's adopted Implementation Plan. This finding is based upon the record of the public meetings for this matter, the reasons expressed herein, and upon the fact that the Improvements will materially assist in accomplishing certain stated goals and objectives of the Implementation Plan. Improvements. F. That the City and the County have or will have the ability to maintain the G. That in accordance with its role as a"responsible agency" under CEQA and the CEQA Guidelines, the City Council has independently considered the program Final EIR for the Redevelopment Plan and finds and determines that: 1. Pursuant to CEQA Section 21090 and Section 15180 of the CEQA Guidelines, the installation of the Improvements represents public activities or undertakings pursuant to, or in fixrtherance of, the Redevelopment Plan for the Project Area for which the program Final EIR for the Redevelopment Plan was approved and certified. 2. Parsuant to Section 15162 of the CEQA Guidelines, no new effects could occur or no new mitigation measures are required in connection with the installation of the Improvements so as to require the Agency to prepare either a subsequent EIR or a supplemental EIR. Moreover, the Improvements represent the implementation of needed environmental mitiga6on measures identified in the Final EIR for the Redevelopment Plan and the City's General Plan. The foregoing findings aze based upon the administrative record for this matter, the reasons expressed herein, and the previously approved and certified program Fina1 EIR for the Redevelopment Plan. Section 2. The Agreement is hereby approved, and the Mayor is hereby authorized to execute the Agreement on behalf of the City. A copy of the Agreement, when executed by the Mayor, shall be placed on file in the office of the City Clerk. In compliance with Section 15074 of the CEQA Guidelines, the City Clerk, located in City Hall, 130 South Main Street, Lake Elsinore, shall be the custodian of the records of the proceedings upon which this decision is based. 5ection 3. Upon the Mayor's execution of the Agreement on the City's behalf, the City Manager (or his designee), is authorized, on.behalf of the City, to approve and/or sign all documents necessary and appropriate to carry out and implement the Agreement, and to administer the City's obligarions, responsibilities, and duties to be performed under the Agreement and related documents. Section 4. The City Clerk shall certify to the adoption ofthis Resolution and sha11 cause any notice provided for under CEQA Section 21152 and Section 15074 of the CEQA Guidelines to be filed in accordance with the requirements of those Sections. Section 5. The effective date of this Resolution shall be the date of its adoption. PASSED, APPROVED AND ADOPTED this 13`" day of June, 2000, by the following vote: Ayes: COUNCILMEMBERS Noes: COUNCILMEMBERS Abstain: COUNCILMEMBERS: Absent: COUNCILMEMBERS: ATTr 5T: ~~ ~ Vieki Kasad, Citp :erk KELLEY, METZE, PAPE, SCHIFFNER, BRINLEY NONE ninnir APPROVED AS 4 STATE OF CALIFO1iNIA ) COUNTY OF ffiVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, VICHI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DO HEREBY CERTIFY that the foregoing Resolution duly adopted by the City Council of the City of Lake Elsinore at a Regular Meeting of said Council on the 13TH day of June, 2000, and that it was so adopted by the following vote: AYES: COUNCILMEMBERS: KELLEY, METZE,PAPE, SCHIFFNER, BRINLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 1, 2'~~.~~ VI::KI I{ASAD, CI'TY CLERK CZ'f'Y OF LAKE ELSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. 2000-18 of said Council, and that the same has not been amended or repealed. DATE: June 16, 2000 ~ ~`~.~~ VICKI KA5?~~, ~ITY CLERK ~L'ITY (~T LAKE E•LSINORE (SEALj