HomeMy WebLinkAboutCC RES 00-070RESOLUTION NO. 00-70
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT APPROVING PAYMENT BY THE PALM DESERT
REDEVELOPMENT AGENCY FOR THE COST OF THE INSTALLATION
AND CONSTRUCTION OF A SOUND ATTENUATION WALL AND
RELATED LANDSCAPING
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 proposes to reimburse the City
for the cost of installing and constructing a publicly -owned
sound attenuation wall (including the removal of the existing
walls) along the south side of Hovley Lane between Kansas Street
and Warner Trail and related landscaping along the south side of
Hovley lane between Kansas Street and Idaho Street in the City of
Palm Desert (the "Improvements").
Section 2. The subject residences served by the
Improvements are located along the south side of Hovley Lane
between Kansas Street and Idaho Street Trail in Project Area No.
4 of the Agency (the "Project Area"), a blighted area requiring
redevelopment. The subject residences along Hovley Lane west of
Warner Trail were unhealthy for persons to live in and were
conducive to crime because of the deficient sound attenuation
walls which abutted the residences. Many of the existing walls
were in a state of dilapidation and deterioration and required
demolition to avoid the possibility of collapse. The City
replaced the individual walls with a single publicly -owned wall.
Replacement of the existing walls was necessary in order to
provide an adequate system of noise attenuation for the subject
residences which were regularly impacted by adverse noise levels
due to their proximity to Hovley Lane which is a major
thoroughfare. In addition, the new wall was needed to provide a
barrier between the subject residences and Hovley Lane in order
to reduce opportunities for crimes to be committed at the subject
residences, including trespass and burglary. The related
landscaping which abuts the new wall and continues to Idaho
Street provides beautification and improves aesthetics by
providing landscaping which is consistent with the City's
landscaping theme and which creates a uniform appearance along
Hovley Lane between Kansas Street and Idaho Street, thereby
enhancing the desirability of the surroundings.
Section 3. The budget constraints of the City prevent
the City from financing the Improvements 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
P6402\0001\114294.2
Resolution No. 00-70
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 by remedying a condition which
caused residential buildings to be unhealthy to occupy and
conducive to crime; (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 the cost of the Improvements from any revenues of
the Agency lawfully available therefor.
PASSED, APPROVED and ADOPTED this 22nd day of
June , 2000.
AYES: BENSON, KELLY, SPIEGEL, FERGUSON
NOES: NONE
ABSENT: CRITES
ABSTAIN: NONE
Attest:
YOR PRO TEMPORE
RAC ELL KLASSEN, ACTING CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
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