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HomeMy WebLinkAboutCC RES 00-068RESOLUTION NO. 00-68 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT APPROVING PAYMENT BY THE PALM DESERT REDEVELOPMENT AGENCY FOR ALL OR A PART OF THE COST OF INSTALLATION AND CONSTRUCTION OF A SIDEWALK AND APPURTENANT LANDSCAPING AND RELATED IMPROVEMENTS 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 reimburse the City of Palm Desert for all or part of the cost of installing and constructing a publicly -owned sidewalk and appurtenant landscaping and related improvements along the east side of Oasis Club Drive between Country Club Drive and Hovley Lane and north side Hovley Lane between Oasis Club Drive and approximately two -hundred yards north in the City of Palm Drive, California in Project Area No. 4 (the "Project Area") of the Agency (the "Improvements"). The landscaping and related improvements include the installation of box trees, vines and shrubs; the installation of landscape materials, including a concrete mowstrip and fines; and the installation of an irrigation system, and are described in the Agreement by and between the City of Palm Desert and Pink, Inc., dated June 10, 1999, on file in the office of the City Clerk of the City of Palm Desert. The sidewalk is located in a residential area along a major arterial which provides the only access for the residents of the adjacent housing to a nearby shopping center. Without the sidewalk, residents walking to the shopping center would have to walk in the street for part of way, thereby jeopardizing the safety of the residents. The lack of a sidewalk not only created safety hazards, but also discouraged such residents from patronizing businesses in the shopping center, thereby hindering economic development opportunities. The appurtenant landscaping and related improvements provide beautification, thereby enhancing the desirability of the surroundings, encourage water conservation, and improve aesthetics by providing for landscaping which is consistent with the City's landscaping design theme. Section 2. The Improvements are located in the Project Area which the City Council has previously determined is an area 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 area 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 Area contains vacant and underutilized properties, properties which suffer from depreciated or stagnant property values, and deteriorated, aged and obsolete buildings. In addition, the Project Area is characterized by the existence of inadequate open spaces, public improvements and public facilities, including inadequate sidewalk and landscaping improvements, which cannot be remedied by private or governmental action without redevelopment. The installation of the Improvements eliminates a safety hazard P6402\0001\115071.3 Resolution No. 00-68 and improves the aesthetics of the area, all for the benefit of the health, safety and welfare of the residents and taxpayers of the Project Area and the immediate neighborhood. Section 3. Pursuant to budget considerations of the City, the cost of the Improvements has been allocated to the Agency, and the City and the Agency have previously taken certain actions indicating their objective and reasonable expectation that the Agency would reimburse the City all of its expenditures for the Improvements from any funds lawfully available to the Agency. The budget constraints of the City prevent the City from financing the Improvement by any means. Except for the moneys advanced by the City and to be reimbursed by the Agency, no moneys of the City are available to pay for the cost of the 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. Assessment financing or special tax financing could overburden benefitting properties with assessments or special taxes and, in addition, special taxes require a two-thirds vote and assessments are subject to a majority protest. Section 4. 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 neighborhood in which the project is located; (ii) the payment of funds for the Improvements assists in the elimination of one or more blighting conditions inside the Project Area; (iii) the payment of funds for 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 Improvements is available to the City. Section 5. The City Council hereby approves payment by the Agency for all or a part of the cost of the Improvements from any revenues of the Agency lawfully available therefor. PASSED, APPROVED and ADOPTED this June , 2000. AYES: BENSON, KELLY, SPIEGEL, FERGUSON NOES: NONE ABSENT: CRITES ABSTAIN: NONE Attest: RACHEL'LE KLASS N, ACTING CITY CLERK CITY OF PALM DESERT, CALIFORNIA 22nd day of MAYOR PRO TEMPORE - 2 -