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HomeMy WebLinkAboutCC RES 01-081RESOLUTION NO. 01-81 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 REGIONAL PARK AND RELATED FACILITIES AND 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") is paying for all or part of the value of the land for and the cost of the installation and construction of improvements of a regional park. The improvements shall include, but not be limited to, ballfields, publicly owned buildings, concession stands, restroom facilities, possible tennis courts, children's playground, a dog park, basketball courts, and volleyball courts. The Agency is proposing to reimburse the City of Palm Desert (the "City") for the costs of the acquisition of the land, the design, installation, and construction costs of the regional park. The regional park is located in the northeast section of the City adjacent to the northern border of Project Area No. 4. It is bounded by Country Club Drive to the south, Tamarisk Row Drive to the west, Washington Street to the east, and the City's northern boundary to the north. The Improvements are located in Project Area No. 4, which the City Council has previously determined is an area in which the combination of conditions of blight are 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 that 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, which cannot be remedied by private or governmental action without redevelopment. The Improvements increase recreational opportunities and provide new, modern and efficient recreational facilities to serve the residents and taxpayers of the C:\WINDOWS\Ten;porary Internet Files\OLK4101\cc.regionalpark.wpd 1 Resolution No. 01-81 City, including the residents and taxpayers of Project Area No. 4, 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. The construction of the improvements on previously vacant, underutilized land remedies the lack of adequate public improvements, assists in the revitalization of the project Area No. 4, encourages private sector investment and creates 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 benefiting 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 Project Area No. 4 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 assists in the elimination of one or more blighting conditions inside Project Area No. 4 by assisting the revitalization of Project Area No. 4, providing increased recreational and 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. Any monies paid initially by the City for the value of the land and the costs of the Improvements will constitute loans of such monies by the City to the Agency, and the Agency will repay such loans to the City, from time to time, I':\WINDOWS\Temporary Internet FiL_es\CLK4IO1\cc.regionalpark.wpd 2 Resolution No. 01-81 upon demand of the City. At the City's option, the City may, from time to time, demand payment from the Agency to pay any invoice or invoices directly. PASSED, APPROVED and ADOPTED this 28th day of June, 2001. AYES: BENSON, CRITES, SPIEGEL, KELLY NOES: NONE ABSENT: FERGUSON ABSTAIN: NONE RICHARD S. KELLY MAYOR PRO-TEMPORE /Sheila R. Gilli • . n, C' Clerk City of Palm Dese California C:\WINDOWS\Temporary Internet Files\OLK41 O1\cc. reglonalpark.wpd 3