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HomeMy WebLinkAboutCC RES 02-143RESOLUTION NO. 02-143 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 VALUE OF THE LAND FOR AND THE COST OF THE INSTALLATION AND CONSTRUCTION OF CERTAIN PARK AND RECREATION FACILITY IMPROVEMENTS AND CERTAIN PUBLIC PARKING 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") has paid or proposes to pay for all or a part of the value of the land for and the cost of the installation and construction of improvements to the public parking facilities generally located between El Paseo and Highway 111, east of Monterey Avenue and west of Sage Street. The subject public parking facilities are located in Project Area No. 1, As Amended, of the Agency. The City Council has previously determined that the Project Area 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 public improvements and public facilities, including inadequate circulation improvements which cannot be remedied by private or governmental action without redevelopment. The subject public parking facilities will improve traffic circulation within the Project Area and thereby mitigate congestion and safety hazards, all for the benefit of the health, safety and welfare of the residents and taxpayers of the Project Area. The subject public parking facilities provide additional parking and thereby help to attract and retain customers to commercial uses in the Project Area. The subject public parking facilities will thereby assist in the elimination of conditions of blight within the Project Area which are caused by inadequate public improvements. This in turn will assist in eliminating a factor which prevents or substantially hinders the economically viable use or capacity of buildings or lots and will encourage private -sector investment in the Project Area, thereby facilitating the redevelopment of the Project Area. Section 2. The budget constraints of the City prevent the City from financing the subject public parking facilities by any means. No moneys of the City are available to pay for the cost of the such facilities. 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 3. The City Council hereby finds and determines that based upon the foregoing and other information presented to the City Council: (i) the subject public parking facilities are of benefit to the Project Area and the immediate neighborhood in P6402\0001\710348.2 RESOLUTION NO. 02-143 which the project is located; (ii) the payment of funds for the acquisition of land and the cost of such facilities will assist in the elimination of one or more blighting conditions inside the Project Area; (iii) the payment of funds for the acquisition of land and the cost of such facilities 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 all or a part of the value of the land for and the cost of the installation and construction of the foregoing facilities and accepts the conveyance by the Agency of the land and improvements described in this Resolution pursuant to the form of grant deed attached hereto. PASSED, APPROVED and ADOPTED this 14th day of November, 2002. AYES: BENSON, CRITES, SPIEGEL, KELLY NOES: NONE ABSENTS: NONE ABSTAINS: FERGUSON f RICHARD S. KELLY, MAYO Attest: Rachelle D. Klassen,'City Clerk P6402\0001\710348.2 -2-