HomeMy WebLinkAboutResolution 2004-081 RESOLUTION NO. 2004-081
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO APPROVING THE ATASCADERO COMMUNITY
REDEVELOPMENT AGENCY'S FINANCING OF CERTAIN PUBLIC
IMPROVEMENTS PURSUANT TO HEALTH AND SAFETY CODE
SECTION 33445
WHEREAS, pursuant to the Community Redevelopment Law of the State of California
(Redevelopment Law), the City of Atascadero (City) has adopted a Redevelopment Plan for the
Redevelopment Project Area (Project Area) administered by the Atascadero Community
Redevelopment Agency(Agency); and,
WHEREAS, the City has reached settlement in the matter of Creekside v. City of
Atascadero wherein the City has agreed to purchase certain real property commonly known as
Creekside Lanes and appurtenances (Creekside Property), for $1,300,000 from Creekside Parcel
Associates, a California General Partnership, James M. Harrison and Kenneth B. Fryer (Owner);
and
WHEREAS, City general fund and reserves are limited, and subject to uncontrollable
reductions as a result of diminished sales tax and Transient Occupancy Tax (TOT) revenue, in
addition to actions by the State of California (State) that take City funds for State purposes; and
WHEREAS, the Creekside Property and related appurtenances are located in the Project
Area, and scheduled to cease operation and closure in the near future; and
WHEREAS, the Creekside Property has degraded in maintenance and repair to the point
that its condition is adding to the overall blighted state of the Project Area; and
WHEREAS, pursuant to the Health and Safety Code Section 33445, the Agency may,
with the consent of the City Council, pay all or part of the costs of the Public Improvements if the
City Council makes certain findings; and
WHEREAS, the Agency has duly considered the impact of purchasing Creekside
Property to the Project Area, and believe that using Agency funds for this purpose will be of
benefit to the Project Area, that no other funds are reasonably available to purchase the Creekside
Property, and that the purchase will assist in the elimination of blighted conditions within the
Project Area; and
WHEREAS,City Staff has determined that the City's approval of the Agency's financing
of the Public Improvements is exempt from the requirements of the California Environmental
Quality Act (CEQA) pursuant to State CESQ Guidelines Section 153786, because such approval
constitutes the creation of a funding mechanism or other fiscal action; and
City of Atascadero
Resolution No.2004-081
Page 2 of 3
WHEREAS, no later than the time of the first publication of the notice of the public
hearing, the Agency made available for public inspection a Summary Report ("33679 Report")
setting forth the information required by Health and Safety Code Section 33679.
NOW, THEREFORE, BE IT RESOLVED by the Atascadero Community Redevelopment
Agency of the City of Atascadero as follows:
Section 1. The City Council hereby consents to the Agency's financing of the Public
Improvements, and finds in accordance with Health and Safety Code Sections 33445 and 33679,
Summary Report, the staff report accompanying this resolution, the oral presentation of staff and
such other written and oral evidence as presented to City Council, the following:
(i) The Agency's financing of the Public Improvements is of benefit to the
Project Area because such payment will facilitate and permit operation of
the Public Improvements, thereby improving the municipal facilities in the
City, increasing the economic and cultural vitality of the Project Area,
eliminating physical blight in the Project Area and contributing to the long
term economic development and success of the Project Area;
(ii) There is no other reasonable means of financing the Public Improvements
because the City has not available General Fund revenues to finance the
costs of the Public Improvements;
(iii) The Agency's financing of the Public Improvements will assist in the
elimination of physical and economic blight conditions by encouraging
new development and providing employment opportunities in the Project
Area;
(iv) The Agency's financing of the Public Improvements is consistent with the
Five Year Implementation Plan adopted for the Redevelopment Plan
pursuant to Health and Safety Code Section 33490.
Section 2. The City Manager is hereby authorized to act as agent to conduct all
negotiations, execute and submit all documents including, but not limited to agreements, escrow
instructions, payment requests and so on, which may be necessary or appropriate in administering
the actions authorized by this Resolution.
Section 3. City Staff is hereby directed to file a Notice of Exemption with the San Luis
Obispo County Clerks' Office within three (3) business days following adoption of this
Resolution.
Section 1. This Resolution will take effect upon adoption.
City of Atascadero
Resolution No.2004-081
Page 3 of 3
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Atascadero, California, held on this 12th day of October, 2004.
CITY ATASC ERO
By; l�-r-r�
r. George Luna, Mayor
ATTEST:
By:
h�L�-
Marcia McClure Torgerson, C.M.Col City Clerk
APPROVED AS TO FORM:
By:
Thomas R. Gibson, Interim City Attorney