HomeMy WebLinkAboutRes 98-129-130 and 362-363 Transfer of Land and Buildings PALM DESERT REDEVELOPMENT AGENCY
INTEROFFICE MEMORANDUM
DATE: OCTOBER 22, 1998
TO: CITY MANAGER, HONORABLE MAYOR AND MEMBERS OF CITY
COUNCIL
EXECUTIVE DIRECTOR, HONORABLE CHAIRMAN AND MEMBERS
OF AGENCY BOARD
FROM: DAVE YRIGOYEN, REDEVELOPMENT MANAGER
SUBJECT: TRANSFER OF LAND AND BUILDINGS
Recommendation:
That the City Council/Agency Board open the joint public hearing and following
testimony, take the following actions:
1. That the City Council adopt the following resolutions:
Resolution No. 98-124 A resolution of the City Council of the City of Palm Desert
approving payment by the Palm Desert Redevelopment Agency for all or part of
the value of the land for and the cost of the installation and construction of a
publicly owned golf course and related facilities and improvements (South Golf
Course); and
Resolution No. 98-130A resolution of the City Council of the City of Palm Desert
approving payment by the Palm Desert Redevelopment Agency for all or part of
the value of the land for and the cost of the installation and construction of
publicly owned building (office building).
2. That the Agency Board adopt the following resolutions:
Resolution No. 362 - A resolution of the Palm Desert Redevelopment Agency
O m p approving payment by the Agency for all or part of the value of the land for and
c� �o Z he cost of the installation and construction of a publicly owned golf course and
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elated facilities and improvements (South Golf Course); and
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0 Resolution No. 363 - A resolution of the Palm Desert Redevelopment Agency
(,,'� pproving payment by the Agency for all or part of the value of the land for and
•\ the cost of the installation and construction of publicly owned building (office
1uilding) CITY COUNC[ CTION;
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y� DENIED.,.
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Background:
The Redevelopment Agency has developed and paid for facilities such as the Visitors
Information Center and the Desert Willow Golf Course (Mountain View Course) both of
which are the subject of this report.
The intent of the Agency has always been to transfer these facilities to the City since
these are public facilities which were intended to be owned and operated by a public
entity. Redevelopment law permits a redevelopment agency to pay for land and the
cost of installation and construction of publicly owned facilities but not to operate and
maintain such facilities.
There are several actions required by the Health & Safety Code which the City Council
and Agency Board will consider in order for these facilities to be transferred to the City.
Both the Agency Board and City Council are required to make the following findings in
accordance with the provisions of Section 33445 of the Health & Safety Code:
1. The above public facilities are of benefit to the Project Area;
2. That no other reasonable means of financing the public facilities are available to
the community;
3. That payment of funds will assist in the elimination of blight conditions inside the
Project Area.
All of the above public improvements are outlined in the Redevelopment Plan and the
mandatory five-year plan addressing the elimination of blight and financing
mechanisms. Additionally, the attached resolution summaries restate the basic findings
of the City Council/Agency Board from the adoption of the Plan.
Staff recommends the outlined actions to be approved so that the necessary
transactions can be accomplished.
REVIEWED AND CONCUR:
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Dave Y igoyen
Redevelopment Manager Executive Director
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Attachments (as noted) City Manager
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RESOLUTION NO. 98-129
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT APPROVING PAYMENT BY THE PALM DESERT
REDEVELOPMENT AGENCY FOR ALL OR PART OF THE VALUE OF
THE LAND FOR AND THE COST OF THE INSTALLATION AND
CONSTRUCTION OF A PUBLICLY OWNED GOLF COURSE AND
RELATED FACILITIES AND IMPROVEMENTS (SOUTH GOLF COURSE)
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 (the "Agency" ) proposes to pay
for all or part of the value of the land for and the cost of the
installation and construction of improvements to an 18 hole golf
course called the "south golf course" (which, together with the
north golf course adjacent thereto will be known as the "Desert
Willow Resort" ) . The improvements include the installation and
construction of a golf course, together with appurtenances and
appurtenant facilities, including a block wall, a well, restrooms
and landscaping (collectively, the "Improvements" ) .
The south golf course is bounded approximately on the
north by Frank Sinatra Drive, on the west by Portola Avenue, on
the east by Cook Street, and on the south by Country Club Drive .
The south golf course is located in Project Area No . 2 of the
Agency ( "Project Area No. 2" ) .
Project Area No. 2 is an area that has previously been
identified in the Redevelopment Plan as a blighted area . The
area has previously been determined to create a 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 . In
addition, Project Area No. 2 contains vacant and underutilized
properties and properties which suffer from economic dislocation,
deterioration or disuse, including depreciated or stagnant
property values and impaired investments .
The Improvements will increase recreational
opportunities and provide new, modern and efficient recreational
facilities to serve the residents and taxpayers of the City,
including the residents and taxpayers of Project Area No. 2, and
the other Project Areas of the Agency as well . The recreational
facilities are for the benefit of the health, safety and welfare
of such residents and taxpayers . There are no public
recreational facilities in the City comparable to the Desert
Willow Resort .
970131 P6402-00001 dcs 1490264 1
•
The construction of the Improvements on previously
vacant, underutilized land will remedy the lack of adequate
public improvements, assist in the revitalization of Project Area
No. 2 , encourage private sector investment and create job
opportunities, all for the health, safety and welfare of the
residents and taxpayers of the City.
Section 2 . The budget constraints of the City prevent
the City from financing the Improvements by any means .
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 . Assessment financing or special tax
financing could overburden benefitting properties with
assessments or special taxes which would be added to existing
taxes and assessments, and, in addition, special taxes require a
two-thirds vote and assessment financing may not be expressly
authorized.
Section 3 . The City Council hereby finds and
determines that based upon the foregoing and other information
presented to the City Council : (i) the Improvements will be of
benefit to Project Area No. 2 and to the immediate neighborhood
in which the project is located, (ii) the payment of funds for
the acquisition of the above-described land and the cost of the
Improvements will assist in the elimination of one or more
blighting conditions inside Project Area No. 2 by remedying the
lack of adequate public improvements, assisting in the
revitalization of Project Area No. 2, providing increased
recreational and employment opportunities, and encouraging
private section investment, (iii) the payment of funds for the
acquisition of the land and the cost of the 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 acquisition of the land and the
Improvements are available to the City.
Section 4 . Following notice duly given, the City
Council and the Agency have held a public hearing pursuant to
Health and Safety Code Section 33679 on the payment by the Agency
of all or a part of the value of the above-described land and the
installation and construction of the Improvements .
Section 5 . The City Council hereby approves payment by
the Agency for all or a part of the value of the above-described
land and the cost of the installation and construction of the
Improvements and hereby approves the transfer by the Agency to
the City of such land and Improvements upon completion.
970131 P6402-00001 dcs 1490264 1 - 2 -
Section 6 . The Mayor of the City is hereby authorized
to execute any instruments reasonably necessary to cause such
transfer to occur, including, without limitation, a certificate
of acceptance .
PASSED, APPROVED and ADOPTED this day of
, 1998 .
AYES :
NOES :
ABSENT:
ABSTAIN:
Mayor
Attest :
Sheila R. Gilligan, City Clerk
970131 P6402-00001 dcs 1490264 1 - 3 -
RESOLUTION NO. 98-130
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT APPROVING PAYMENT BY THE AGENCY FOR ALL OR PART
OF THE VALUE OF THE LAND FOR AND THE COST OF THE
INSTALLATION AND CONSTRUCTION OF PUBLICLY OWNED
BUILDINGS, FACILITIES, STRUCTURES AND IMPROVEMENTS
(VISITORS INFORMATION CENTER)
THE CITY COUNCIL OF THE CITY OF PALM DESERT HEREBY
FINDS, DETERMINES, RESOLVES AND ORDERS AS FOLLOWS :
Section ] . Pursuant to provisions of the Community
Redevelopment Law (California Health and Safety Code Section
33000, et sea. ) , and in particular Section 33445 thereof, the
Palm Desert Redevelopment Agency (the "Agency" ) is paying for all
or part of the value of the land for and the cost of the
installation and construction of a visitors information center
(the "Improvements") . The Agency proposes to donate the above-
described land and Improvements to the City of Palm Desert (the
"City" ) .
The visitors information center site encompasses 12 , 632
square feet and is bounded approximately on the south by Fred
Waring Drive and on the east by Monterey Avenue . The visitors
information center is located in Project Area No. 1 of the Agency
pursuant to Ordinance No. 80 of the City, adopted on July 16,
1975 (the "Project Area" ) .
The Project Area is an area which has previously been
identified in the Redevelopment Plan as a blighted area. The
area has previously been determined to create a social and
economic burden which cannot reasonably be expected to be
reversed or alleviated by private enterprise or governmental
action, or both, without redevelopment .
The construction of the Improvements on previously
vacant, underutilized land assists in remedying the lack of
adequate public improvements and revitalization of the Project
Area, encourages private sector investment and creates job
opportunities, all for the health, safety and welfare of the
residents and the taxpayers of the City.
Section 2 . The budget constraints of the City prevent
the City from financing the Improvements by any means .
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 . Assessment financing or special tax
financing could overburden benefitting properties with
assessments or special taxes which would be added to existing
taxes and assessments, and, in addition, special taxes require a
two-thirds vote and assessment financing may not be expressly
authorized.
Section 3 . The City Council hereby finds and
determines that based upon the foregoing and other information
presented to the City Council : (i) the Improvements are of
benefit to the Project Area and to the immediate area in which
the project is located, (ii) the payment of funds for the
acquisition of the above-described land and the cost of the
Improvements assists in the elimination of one or more blighting
conditions inside the Project Area by remedying the lack of
adequate public improvements, assisting in the revitalization of
the Project Area, providing increased employment opportunities,
and encouraging private sector investment, (iii) the payment of
funds for the acquisition of the land and the cost of the
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 acquisition of
the land and the Improvements are available to the City.
Section 4 . Following notice duly given, the City
Council and the Agency have held a public hearing pursuant to
Health and Safety Code Section 33679 on the payment by the Agency
for all or a part of the value of the above-described land and
the cost of the installation and construction of the
Improvements .
Section 5 . The City Council hereby approves payment by
the Agency for all or a part of the value of the above-described
land and the cost of the installation and construction of the
Improvements and hereby approves the transfer by the Agency to
the City of such land and Improvements .
Section 6 . The Chairman of the Agency is hereby
authorized to execute any instruments reasonably necessary to
cause such transfer to occur.
PASSED, APPROVED and ADOPTED this day of
AYES :
NOES :
ABSENT:
ABSTAIN:
Chairman
Attest :
Sheila R. Gilligan, Secretary