HomeMy WebLinkAboutResolution - - 2011-034/RA-1779 - 3/3/2011COUNCIL RESOLUTION NO. 2011-34
REDEVELOPMENT AGENCY RESOLUTION NO. 1n9
A JOINT RESOLUTION OF THE COUNCIL AND THE
REDEVELOPMENT AGENCY OF THE CITY OF FRESNO
MAKING CERTAIN FINDINGS PURSUANT TO SECTION
33005 OF THE COMMUNITY REDEVELOPMENT LAW, AND
AUTHORIZING THE AGENCY'S EXPENDITURE OF TAX
INCREMENT TO INSTALL AND CONSTRUCT PUBLIC
IMPROVEMENTS IN THE CENTRAL CITY COMMERCIAL
REVITALIZATION REDEVELOPMENT PROJECT AREA.
WHEREAS, the Council of the City of Fresno (the"CouncV), on June 19, 1999, by
Ordinance No. 9946, adopted the redevelopment plan for the Cental City Commercial
Revitalization Redevelopment Project Area (as amended) pursuant to the Community
Redevelopment Law of California (Health 8 Safety Code Sections 33000 at, seq.) (the
"L '):antl
WHEREAS, the Redevelopment Agency of the City of Fresno (the 'Agency') is
engaged in activities necessary to carry out the Plans, and the Plans authorize the
Agency to: (i) install, construct or recons"ct public improvements or facilities to eliminate
blight and (ii) cause or provide for Installing or constructing utilities and other public
improvements necessary to carry out Me Plans, and
WHEREAS, on March 3, 2011, the Agency adopted Resolution 1776
approving the Five -Year Implementation Plan for the Project Areas (the "Implementation
Plans'); and
WHEREAS, the Implementation Plans, to help eliminate physical and economic
blighting influences, include a redevelopment program to facilitate private reinvestment in
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Apple vWpmeM Agency
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Apple Valley Public Improvements
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the Project Area by installing public improvements in the Project Areas; and
WHEREAS, the proposed public improvements within Ne proposed prolect are
located within the Project Area and include paving, Curbs, guders, sidewalks, storm
water systems, sewer system enhancements (the "Project"); and
WHEREAS, the Project will improve the visual quality of the street corridors,
improve traffic Flow and increase pedestrian safety, all of which is Intended to encourage
and support the retention and expansion of existing businesses and the attraction and
development of new businesses within the Project Areas; and
WHEREAS, Apple Valley Fans, Inc., has Committed to remain and expand their
organic and natural food products company within the Project Area on the Hedges
Avenue Corridor, thereby investing In new construction and equipment, rehabilitating
existing buildings, adding new employees and contributing to the elimination of blight in
the area; and
WHEREAS, the inability of the City to undertake this Project without the
involvement of the Agency relates to the limited funding ability of the City's General Fund,
and to the City's budget constraints interrelated with the State budget Constraints; and
WHEREAS, on February 23, 2011, the Housing and Community Development
Commission ("HCDC") Considered whether to recommend this resolutlon, and voted
unanimously to recommend this item; and
WHEREAS, City staff has amassed the Project in connection with the Final
Environmental Impact Report prepared for the Project Area, and has further determined
that because the proposed public improvements consist of repair and maintenance of
existing public structures, rehabilitation of deteriorated or damaged public infrastructure,
limited new construction, and minor alterations to the land from potential grading,
trenching and backfilling, the proposed program of public improvements is categorically
exempt from the California Environmental Quality AIX("CECA') pursuant to Sections
15301 (Existing Facilities), Section 15303 (New Construction or Conversion of Small
Structures) and 15304 (Minor Alterations to Land) of the CEOA Guidelines; and
WHEREAS, Agency funds are currently available for the Project; and
WHEREAS, pursuant to Section 33445 of the Redevelopment Law the Agency,
with the consent of the Council and upon certain Council determinations, may pay for the
cost to install and construct publicly owned improvements within or contiguous to the
Project Areas: and
WHEREAS, the Agency and Council, after due consideration, believe that the use
of Agency funds to install and construct the Project, is in the best interests of the City and
health, safely, and welfare of employees, businesses, property, and visitors to the Project
Area, and is consistent with the public purposes and provisions of applicable state and
local laws; and will improve the quality of life for residents, visitors to, and businesses and
properties within the Project Area, consistent with the Plans; will be of benefit to the
Project Areas by helping to eliminate blight within the Project Area, through encouraging
investment in the Project Area, expansion of existing commercial businesses located
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Environmental Impact Report prepared for the Project Area, and has further determined
that because the proposed public improvements consist of repair and maintenance of
existing public structures, rehabilitation of deteriorated or damaged public infrastructure,
limited new construction, and minor alterations to the land from potential grading,
trenching and backfilling, the proposed program of public improvements is categorically
exempt from the California Environmental Quality AIX("CECA') pursuant to Sections
15301 (Existing Facilities), Section 15303 (New Construction or Conversion of Small
Structures) and 15304 (Minor Alterations to Land) of the CEOA Guidelines; and
WHEREAS, Agency funds are currently available for the Project; and
WHEREAS, pursuant to Section 33445 of the Redevelopment Law the Agency,
with the consent of the Council and upon certain Council determinations, may pay for the
cost to install and construct publicly owned improvements within or contiguous to the
Project Areas: and
WHEREAS, the Agency and Council, after due consideration, believe that the use
of Agency funds to install and construct the Project, is in the best interests of the City and
health, safely, and welfare of employees, businesses, property, and visitors to the Project
Area, and is consistent with the public purposes and provisions of applicable state and
local laws; and will improve the quality of life for residents, visitors to, and businesses and
properties within the Project Area, consistent with the Plans; will be of benefit to the
Project Areas by helping to eliminate blight within the Project Area, through encouraging
investment in the Project Area, expansion of existing commercial businesses located
City Coundl Reeclubon No. 2011-34 -�
Redavelopment Agency Resolution No. 1]]9
Apple Val" Public Improvements
Page 0
within the Project Area, and resulting job creation, provides the only reasonable means
of financing the Project: and is consistent with the Implementation Plan adopted pursuant
to Health and Safety Code Section 33490.
NOW, THEREFORE, BE IT RESOLVED by the Council and Me Agency of the
City of Fresno as follows:
1. The Council and the Agency find and determine the following:
Finding No. 1.1: The Project is within or contiguous to the Project Area
and will benefit the Project Area by helping to eliminate blight within the Project Area, in
that the Project will help improve public safety and the visual and physical quality of the
Project Area, will induce investment in and expansion of an existing commercial company
within the Project Area, and will resuft in additional job creation.
Finding No. 1.2: The Project is consistent with the Plan and the
Implementation Plan for the Project Area.
Finding No.1.3: Using tax increment for the Project Is essential and
necessary, as no other reasonable means of financing the Project are available to the
City of Fresno.
Finding No. 1.4: The Project is categoncally exempt from the California
Environmental Quality Act ("CEQA"). pursuant to Sections 15301 (Existing Facilities),
15303 (New Construction or Conversion of Small Structures) and 15304 (Minor
Alterations to Land) of the CEQA Guidelines.
2. The Council consents to the Agency expending up to $355,000 of tax
increment, including tax increment from the Central City Commercial Revitalization
Redevelopment Project Area, to install and construct the Project, and authorizes the
City Coundl Reedulion Na, Mll-34
Redevelopment Agency Resolution No. 1779
Apple Valley Public improvemeala
Page 5
Executive Director of the Agency to enter into Memorandum of Understanding with Apple
Valley Fame, Inc., providing for Agency reimbursement of Project expenses in return for
Company investment in the Project Area and job creation.
/ / / /
CityCouncil Recolulion No. 9011-34
Redevelopment Agency Resololgn No. 1779_
Apple Valley Pudic Improvemenp
Page 6
CLERK'S CERTIFICATION
STATE OF CALIFORNIA
COUNTY OF FRESNO
CITY OF FRESNO.
I, REBECCA E. KLISCH, City Clerk of the City of Fresno and Ex -Officio Clerk of
the Redevelopment Agency of the City of Fresno, certify that the City Council of the City
of Fresno and the Redevelopment Agency of the City of Fresno, California, adopted the
foregoing resolution at a joint public meeting held on the 3rd day of March, 2011, and that
the same was prevent t by the following vote:
AYES: Minna, sorgeas, oliviec. uuintero, westerlund, xiog, Brand
NOES: None
ABSENTNone
ABSTAIN. None
REBECCA E. KLISCH
City Clerk and Ex -Officio Clerk
of Me Agency ,�//���]]��,, ,�,��//
By iM1k'Yi M
APPROVED AS TO FORM:
JAMES C. SANCHEZ
City Attorney and Ex -Officio Attorney
to theency _
By
Sr -Deputy
15980392