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HomeMy WebLinkAboutRes 03-114 and 485 Landscape Improvement PA1 PA2 PA3 CITY OF PALM DESERT/PALM DESERT REDEVELOPMENT AGENCY STAFF REPORT REQUEST: APPROVAL OF CITY COUNCIL RESOLUTION NO. 03- 114 AND REDEVELOPMENT AGENCY RESOLUTION NO. 485 APPROVING PAYMENT FOR ALL OR PART OF THE COST OF THE INSTALLATION OF CERTAIN LANDSCAPE IMPROVEMENTS BENEFITING PROJECT AREA NO. 1, AS AMENDED, PROJECT AREA NO. 2, AND PROJECT AREA NO. 3 SUBMITTED BY: DENNIS M. COLEMAN, REDEVELOPMENT FINANCE MANAGER DATE: NOVEMBER 13, 2003 CONTENTS: CITY COUNCIL RESOLUTION NO. 03-114 PALM DESERT REDEVELOPMENT AGENCY RESOLUTION NO. 485 Recommendation: 1. That the City Council approves Resolution No.03-114 approving payment by the Palm Desert Redevelopment Agency for all or part of the cost of the installation of certain landscape improvements benefiting Project Area No. 1, As Amended, Project Area No. 2, and Project Area No. 3. 2. That the Redevelopment Agency approves Resolution No.485 approving payment by the Palm Desert Redevelopment Agency for all or part of the cost of the installation of certain landscape improvements benefiting Project Area No. 1, As Amended, Project Area No. 2, and Project Area No. 3. Discussion: The cost of maintaining Landscape and Lighting Districts throughout the City has been rising over the past few years. In the past, the City's General Fund absorbed some of the increased costs, but has recently been unable to do so. The City stopped paying for a portion of the increases and the residents had to bear the full increased costs. In many cases the public landscape is below City standards and deteriorated creating a blighting condition. Some of the residents have requested that the City assist them in making improvements to the various districts that will result in increased efficiencies. Staff has responded by proposing a program that will respond to the residents. The costs of the capital improvements would be shared between the City and the Agency. The Agency would pay for those improvements in the project areas, with the City paying for the rest. The residents, in turn, would have to agree, by ballot, to pay for all the new maintenance costs. The City does not have the funding necessary to install the landscape improvements for the various landscape and lighting districts in the project areas. It is, therefore, necessary to have the Agency pay for all or part of these costs. Section 33445 of the California Health and Safety Code dictates that, in order to spend Agency funds for installation of the landscape improvements, it is necessary G:IRDAIDennis CoIemanlDATA\WPIREPORTS1111303 Landscaping Improvements wpd Staff Report Approval of City Council and Redevelopment Agency Resolutions Approving Payments for Certain Landscape Improvements Benefiting Three Project Areas November 13, 2003 Page 2 to make a finding that there is no other funding source available. Staff has included an amount of funding in the resolutions, inclusive of amounts estimated for the installation of the landscape improvements in the various landscape and lighting districts in the three project areas. Staff is, therefore, recommending that the City Council and the Redevelopment Agency approve their respective resolutions. Submitted by: Department Head: Dennis M. Coleman David Yrigo n Redevelopment Finance Manager Director edevelopment DMC:mh Approval: McCarthy Paul S. Gibson CM or Redevelopment Director of Finance/Treasurer Carlos L. Ortega City Manage/Executge Director app:L2f,,L4 BY RDA ON I.( ' �. " 03 CITY COUNCILTION: APPROVED ✓ DENIED VERIFIED BY RECEIVED OTHER Original on file with City Clerk's Office MEETI�1 _T AYES:l'(I + Jr G:IRDAIDennis ColemanlDATA1WPIREPORTS1111303 Landscaping Improvements • 1V ABSENT: ABSTAIN: IERIFIED BY:WUL' The ,r4.ajnal on FilelDwi City Clerk' s Office RESOLUTION NO.03-114 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT APPROVING PAYMENT BY THE PALM DESERT REDEVELOPMENT AGENCY FOR A PART OF THE COST OF THE INSTALLATION OF CERTAIN LANDSCAPE IMPROVEMENTS BENEFITING PROJECT AREA NO. 1 AS AMENDED, PROJECT AREA NO. 2, AND PROJECT AREA NO. 3 THE CITY COUNCIL OF THE CITY OF PALM DESERT HEREBY FINDS, DETERMINES, RESOLVES AND ORDERS AS FOLLOWS: Section 1. Pursuant to provisions of the Community Redevelopment Law (California Health and Safety Code Section 33000, et seq.), and in particular Section 33445 thereof, the Palm Desert Redevelopment Agency ("Agency") proposes to pay for part of the cost of the installation of certain landscape improvements located in Project Area No. 1, As Amended, Project Area No. 2, and Project Area No. 3 ("Project Areas"). The proposed landscape improvements in Project Area No. 1, As Amended, are located in Waring Court, Tract 25304, north of Fred Waring Drive and east of Phyllis Jackson Lane, comprising 9,562 square feet of parkway landscape; in Palm Gate, Tract 24287, east of Deep Canyon Road and north of Fred Waring Drive, on Coral Bells Circle, Daylily Circle, and Moss Rose Drive, comprising 7,320 square feet of parkway landscape; and in Portola Place, Tract 27692, east of Portola Avenue, south of Santa Rosa Way, comprising 5,881 square feet of parkway landscape. The proposed landscape improvements in Project Area No. 2 are located in Desert Mirage, Tract 25639, west of Cook Street, 1,200 feet south of Frank Sinatra, comprising 22,998 square feet of parkway landscape and detention basin; and in K and B at Palm Desert, Tracts 28258 and 28258-1, north of Frank Sinatra Drive, 2,600 feet east of Monterey Avenue, comprising 43,628 square feet of parkway landscape and detention basin. The proposed landscape improvements in Project Area No. 3 are located in Primrose 2, Tract 25436, north of Hovley Lane East, between Carlotta Drive and Hemingway Court, comprising 5,370 square feet of parkway landscape. The City Council has previously determined that the Project Areas are areas in which the combination of conditions of blight is so prevalent and so substantial that it causes a reduction of, or lack of, proper utilization of the areas to such an extent that it constitutes a serious physical, social and economic burden on the community which cannot reasonably be expected to be reversed or alleviated by private enterprise or governmental action, or both, without redevelopment. Among other things, the Project Areas contain vacant and P6401 0001 CC resolution approving payment by agency of landscape improvements Resolution No. 03-1 14 underutilized properties, properties which suffer from depreciated or stagnant property values, and deteriorated, aged and obsolete buildings. In addition, the Project Areas are characterized by the existence of inadequate public improvements and public facilities, including inadequate landscape improvements that cannot be remedied by private or governmental action without redevelopment. The subject landscape improvements will enhance visual appearance of the City's parkways; use native plant materials that are more compatible with the climate and surrounding environment; install water efficient irrigation systems and solar powered timers that protect the environment by conserving water and electricity; and install desert landscape that minimizes dust and complies with Federal air quality regulations known as PM10 requirements, all for the benefit of the health, safety and welfare of the residents and taxpayers of the Project Areas. All subject landscape improvements will be located within existing landscape maintenance assessment districts of the City. The installation of the subject landscape improvements are expected to, among other things, reduce the cost of annual maintenance. Such landscape improvements will serve a basic purpose of redevelopment; redevelopment includes the provision of structures and spaces as may be appropriate or necessary in the interest of the general welfare. In addition, a fundamental purpose of redevelopment is to expand employment opportunities and to provide an environment for the social, economic and psychological growth and well-being of all citizens. The subject landscape improvements will provide efficient desert landscaping and water irrigation systems to serve the residents and taxpayers of the Project Areas. Such landscape improvements will assist in the elimination of conditions of blight within the Project Areas that are caused by inadequate public improvements. This in turn will assist in eliminating a factor that prevents or substantially hinders the economically viable use or capacity of buildings or lots and will encourage private-sector investment in the Project Areas, thereby facilitating the redevelopment of the Project Areas. Section 2. The budget constraints of the City prevent the City from financing the entire cost of the subject landscape improvements by any means. No moneys of the City are available to pay for the entire cost of the landscape improvements. Traditional methods of financing such as the issuance of general obligation bonds are unavailable as a practical matter because of the extraordinary majority voter approval requirements of two-thirds of the electorate. Also, assessment financing or special tax financing could overburden benefiting properties with additional assessments or special taxes and, in addition, special taxes require a two-thirds vote and further assessments are subject to a majority protest. Section 3. The City Council hereby finds and determines that based upon the foregoing and other information presented to the City Council: (i) P64o1.0001 CC resolution approving payment by agency of landscape improvements -z- Resolution No. 03-11 the subject landscape improvements are of benefit to the Project Areas and the immediate neighborhoods in which the projects are located; (ii) the payment of funds for the cost of such improvements will assist in the elimination of one or more blighting conditions inside the Project Areas; (iii) the payment of funds for the installation of landscape improvements is consistent with the Agency's implementation plan adopted pursuant to Health and Safety Code Section 33490; and (iv) no other reasonable means of financing the improvements is available to the City. Section 4. The City Council hereby approves payment by the Agency for a portion of the cost of landscape installation in Project Area No. 1, As Amended, in an amount not to exceed $96,634; a portion of the cost of landscape installation in Project Area No. 2, in an amount not to exceed $252,845; and a portion of the cost of landscape installation in Project Area No. 3, in an amount not to exceed $16,304. PASSED, APPROVED and ADOPTED this 13th day of November, 2003, by the following vote to wit: AYES: CRITES, FERGUSON, KELLY, SPIEGEL, BENSON NOES: NONE ABSENTS: NONE ABSTAINS: NONE Jean M. Benson, Mayor Attest: Rachelle D. Klassen, City Clerk P6401 0001 CC resolution approving payment by agency of landscape improvements -3- RESOLUTION NO.485 A RESOLUTION OF THE PALM DESERT REDEVELOPMENT AGENCY APPROVING PAYMENT BY THE PALM DESERT REDEVELOPMENT AGENCY FOR A PART OF THE COST OF THE INSTALLATION OF CERTAIN LANDSCAPE IMPROVEMENTS BENEFITING PROJECT AREA NO. 1 AS AMENDED, PROJECT AREA NO. 2, AND PROJECT AREA NO. 3 THE PALM DESERT REDEVELOPMENT AGENCY HEREBY FINDS, DETERMINES, RESOLVES AND ORDERS AS FOLLOWS: Section 1. Pursuant to provisions of the Community Redevelopment Law (California Health and Safety Code Section 33000, et seq.), and in particular Section 33445 thereof, the Palm Desert Redevelopment Agency ("Agency") proposes to pay for part of the cost of the installation of certain landscape improvements located in Project Area No. 1, As Amended, Project Area No. 2, and Project Area No. 3 of the Agency ("Project Areas"). The proposed landscape improvements in Project Area No. 1, As Amended, are located in Waring Court, Tract 25304, north of Fred Waring Drive and east of Phyllis Jackson Lane, comprising 9,562 square feet of parkway landscape; in Palm Gate, Tract 24287, east of Deep Canyon Road and north of Fred Waring Drive, on Coral Bells Circle, Daylily Circle, and Moss Rose Drive, comprising 7,320 square feet of parkway landscape; and in Portola Place, Tract 27692, east of Portola Avenue, south of Santa Rosa Way, comprising 5,881 square feet of parkway landscape. The proposed landscape improvements in Project Area No. 2 are located in Desert Mirage, Tract 25639, west of Cook Street, 1,200 feet south of Frank Sinatra, comprising 22,998 square feet of parkway landscape and detention basin; and in K and B at Palm Desert, Tracts 28258 and 28258-1, north of Frank Sinatra Drive, 2,600 feet east of Monterey Avenue, comprising 43,628 square feet of parkway landscape and detention basin. The proposed landscape improvements in Project Area No. 3 are located in Primrose 2, Tract 25436, north of Hovley Lane East, between Carlotta Drive and Hemingway Court, comprising 5,370 square feet of parkway landscape. The City Council of the City of Palm Desert has previously determined that the Project Areas are areas in which the combination of conditions of blight is so prevalent and so substantial that it causes a reduction of, or lack of, proper utilization of the areas to such an extent that it constitutes a serious physical, social and economic burden on the community which cannot reasonably be expected to be reversed or alleviated by private enterprise or governmental action, or both, without redevelopment. Among other things, the P6401.0001 RA resolution approving payment by agency of landscape improvements Resolution No. 485 Project Areas contain vacant and underutilized properties, properties which suffer from depreciated or stagnant property values, and deteriorated, aged and obsolete buildings. In addition, the Project Areas are characterized by the existence of inadequate public improvements and public facilities, including inadequate landscape improvements that cannot be remedied by private or governmental action without redevelopment. The subject landscape improvements will enhance visual appearance of the City's parkways; use native plant materials that are more compatible with the climate and surrounding environment; install water efficient irrigation systems and solar powered timers that protect the environment by conserving water and electricity; and install desert landscape that minimizes dust and complies with Federal air quality regulations known as PM10 requirements all, for the benefit of the health, safety and welfare of the residents and taxpayers of the Project Areas. All subject landscape improvements will be located within existing landscape maintenance assessment districts of the City. The installation of the subject landscape improvements are expected to, among other things, reduce the cost of annual maintenance. Such landscape improvements will serve a basic purpose of redevelopment; redevelopment includes the provision of structures and spaces as may be appropriate or necessary in the interest of the general welfare. In addition, a fundamental purpose of redevelopment is to expand employment opportunities and to provide an environment for the social, economic and psychological growth and well-being of all citizens. The subject landscape improvements will provide efficient desert landscaping and water irrigation systems to serve the residents and taxpayers of the Project Areas. Such landscape improvements will assist in the elimination of conditions of blight within the Project Areas that are caused by inadequate public improvements. This in turn will assist in eliminating a factor that prevents or substantially hinders the economically viable use or capacity of buildings or lots and will encourage private-sector investment in the Project Areas, thereby facilitating the redevelopment of the Project Areas. Section 2. The budget constraints of the City of Palm Desert prevent the City from financing the entire cost of the subject landscape improvements by any means. No moneys of the City are available to pay for the entire cost of the landscape improvements. Traditional methods of financing such as the issuance of general obligation bonds are unavailable as a practical matter because of the extraordinary majority voter approval requirements of two- thirds of the electorate. Also, assessment financing or special tax financing could overburden benefiting properties with additional assessments or special taxes and, in addition, special taxes require a two-thirds vote and further assessments are subject to a majority protest. P6401.0001 RA resolution approving payment by agency of landscape improvements -2- Resolution No. 485 Section 3. The Agency Board hereby finds and determines that based upon the foregoing and other information presented to the Agency Board: (i) the subject landscape improvements are of benefit to the Project Areas and the immediate neighborhoods in which the projects are located; (ii) the payment of funds for the cost of such improvements will assist in the elimination of one or more blighting conditions inside the Project Areas; (iii) the payment of funds for the installation of landscape improvements is consistent with the Agency's implementation plan adopted pursuant to Health and Safety Code Section 33490; and (iv) no other reasonable means of financing the improvements is available to the City. Section 4. The Agency Board hereby approves payment by the Agency for a portion of the cost of landscape installation in Project Area No. 1, As Amended, in an amount not to exceed $96,634; a portion of the cost of landscape installation in Project Area No. 2, in an amount not to exceed $252,845; and a portion of the cost of landscape installation in Project Area No. 3, in an amount not to exceed $16,304. PASSED, APPROVED and ADOPTED this 13th day of November, 2003, by the following vote to wit: AYES: CRITES, FERGUSON, KELLY, SPIEGEL, BENSON NOES: NONE ABSENTS: NONE ABSTAINS: NONE Jean M. Benson, Chairman Attest: Rachelle D. Klassen, Secretary P6401.0001 RA resolution approving payment by agency of landscape improvements -3-