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HomeMy WebLinkAboutResolution - 3369 STATE OF CALIFORNIA ) RESOLUTION NO. 3369 COUNTY OF RIVERSIDE)ss CITY OF SAN JACINTO ) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO APPROVING THE REDEVELOPMENT AGENCY OF THE CITY OF SAN JACINTO'S PAYMENT OF CERTAIN EXPENSES RELATED TO UNDERGROUNDING OF UTILITIES FOR SAN JACINTO AVENUE BETWEEN THIRD AND SEVENTH STREETS PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445 WHEREAS, the Redevelopment Agency ("RDA") of the City of San Jacinto ("City") is engaged in the activities necessary to execute and implement the redevelopment plan ("Redevelopment Plan") for the RDA's San Jacinto Redevelopment Project Area ("Project Area"); and WHEREAS, the RDA is undertaking certain activities necessary for redevelopment in the Project Area pursuant to the provisions of the California Community Redevelopment Law (Health & Safety Code, §§ 33000 et seq.) ("CRL") and the Redevelopment Plan; and WHEREAS, among the goals of the San Jacinto Redevelopment Plan, as amended and adopted, is to combat deterioration of the physical and economic character of the Project Area by coordinating the efficient use, installation and construction of publicly owned improvements; and WHEREAS, the RDA seeks to use funding from the RDA 80% Non- Housing Funds to pay for design costs related to the undergrounding of utilities for San Jacinto Avenue between 3rd and 7th Streets presently located in the City's right-of-way ("Undergrounding"); and WHEREAS, payment by the RDA of design costs for the Undergrounding will facilitate the Undergrounding project; WHEREAS, the proposed Undergrounding is located in the Project Area; and WHEREAS, the proposed Undergrounding would assist in the elimination of blight within the Project Area caused by eliminating a heavy concentration of overhead utility wires and facilities in the Project Area, and making the City's right of way more attractive and accessible; and WHEREAS, the Undergrounding, upon completion, is targeted to produce many benefits, increasing the public health and safety as San Jacinto Avenue is extensively used by the general public and carries a heavy volume of pedestrian and vehicular traffic, by stimulating continued economic investment, and promoting business ~" retention and expansion in the Project Area in a manner not available without the use of redevelopment funds; and WHEREAS, the RDA desires to pay for design costs related to the Undergrounding in an amount not to exceed $10,000 of RDA $0% Non-Housing Funds; and WHEREAS, pursuant to CRL Section 33445, the RDA may, with the consent of the City Council, assist in the payment of costs related to the Undergrounding if the City Council makes certain findings; and WHEREAS, the City Council has reviewed and considered the staff report accompanying the resolution ("Resolution") and the other written and oral testimony and evidence presented at or prior to the time of the City Council's consideration of this Resolution; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN JACINTO: SECTION 1. Incorporation of Recitals. The City Council finds and determines that the Recitals set forth above are true and correct and are incorporated into this Resolution by this reference. SECTION 2. Findings. The City Council hereby consents to the RDA's financing of design costs for the Undergrounding, and finds that, in accordance with CRL Section 33445, based on the information contained in the staff report accompanying this Resolution, as well as the oral presentation of staff and other such written and oral evidence as presented to the City Council, the following: (i) The RDA's financing of design costs for the Undergrounding is necessary to effectuate the purposes of the Redevelopment Plan because such undergrounding in the City's public right-of-way will eliminate physical and economic blight conditions in the Project Area. The Undergrounding will: (a) improve the quality of life in the Project Area; (b) contribute to the long-term success of the Project Area; (c) eliminate an unusually heavy concentration of overhead utility wires; (d) provide increased and safer pedestrian access in the Project Area because San Jacinto Avenue is used extensively by the general public and carries a heavy volume of pedestrian or vehicular traffic; and (e) and improved aesthetics and visibility as San Jacinto Avenue passes through a civic area and public recreation area in the form of City Hall and Hoffman Park. (ii) The City has determined that there are no other reasonable means of financing the total costs related to design costs for the Undergrounding available to the City. (iii) The RDA's payment of design costs for the Undergrounding will assist in the elimination of blighting conditions in the Project Area and is consistent with the RDA's Implementation Plan for the Project Area. By updating and modernizing the City's communications infrastructure, the Project Area becomes more attractive to those investors who wish to relocate and/or establish businesses in areas that can physically support their enterprise. Financing of design costs for the Undergrounding will eliminate blight by making the Project Area attractive to private investment, which subsequently will contribute to an appreciation of the value of both businesses and property within the Project Area. ..w SECTION 3. Further Acts. The City Manager is hereby authorized, with the concurrence of the City Attorney, to take such further actions and execute such other agreements as may be necessary or appropriate in administering the actions authorized by this Resolution. SECTION 4. CEQA Compliance. The City hereby finds that the RDA's financing of design costs for the Undergrounding is exempt from the requirements of the California Environmental Quality Act ("CEQA"), pursuant to State CEQA Guidelines Section 15301, because the Undergrounding will be part of an existing public facility, and the Undergrounding involve negligible or no expansion of an existing use. SECTION 5. Notice of Exemption. City staff is hereby directed to file a Notice of Exemption within five (5) working days following the adoption of this Resolution. SECTION 6. Effective Date. This Resolution shall take effect upon its adoption. PASSED, APPROVED AND ADOPTED, this 5'h day of April, 2011 by the following vote: Ayes: Bartel, Di Memmo, Ledezma, Miller Nays: None Absent: Kotyuk Abstain: None City of San Jacinto Scott Miller, Mayor ATTEST: d&t_� Richard Miller, City Clerk APPROVED AS TO FORM: BEST BEST & KRIEGER LLP Z2 s3 .-9 Jeffrey S. Balling re City Attorney