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HomeMy WebLinkAboutCC RES 02-033RESOLUTION NO. 02- 33 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT APPROVING PAYMENT BY THE REDEVELOPMENT AGENCY FOR THE COST OF THE ACQUISITION OF A PUBLIC PARKING EASEMENT TO FINANCE THE COST OF THE INSTALLATION AND CONSTRUCTION OF PARKING STRUCTURES THE CITY COUNCIL OF THE CITY OF PALM DESERT HEREBY FINDS, DETERMINES, RESOLVES AND ORDERS AS FOLLOWS: Section 1. The City of Palm Desert and Westfield Corporation, Inc. entered into that certain Agreement, dated as of December 9, 1999. Among other things, the Agreement provides for payment by the City to Westfield of the cost of the acquisition of a public parking easement in two parking structures and certain other parking spaces, all of which will serve the Palm Desert Town Center. The Agreement contemplates that the acquisition price will approximately equal the cost of construction of the subject parking structures. Section 2. 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 intends to pay for the cost of the installation and construction of the subject parking structures. The Town Center and the subject parking structures are located in Project Area No. 1, As Amended. The City Council has previously determined that the Project Area 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 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 and public parking improvements, which cannot be remedied by private or governmental action without redevelopment. The lack of adequate public improvements hinders economic development opportunities and contributes to the existence of depreciated and stagnant property values and impaired investments in the Project Area. The Town Center is a major component of the Core Commercial area of the City and the Project Area. The subject parking structures will improve ingress and egress to and from the Town Center and the Core Commercial area of the Project Area. Traffic circulation within the Project Area and the Core Commercial area of the City will also be improved, which will in turn 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 parking structures 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. The installation and construction of the subject parking structures will promote the economic viability of Project Area businesses, attract new businesses, encourage business expansion and encourage private sector investment in the Project Area. P6402\0001 \689248.2 RESOLUTION NO. 02- 33 Section 3. The budget constraints of the City prevent the City from financing the cost of the subject parking structures by any means. Moneys set aside by the City pursuant to the Agreement to pay for such cost will be appropriated for other purposes, including street and traffic circulation improvements, drainage improvements and park and recreational improvements. No moneys of the City are available to pay for the cost of the subject parking structures. 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 subject parking structures are of benefit to the Project Area and the immediate neighborhood in which the project is located; (ii) the payment of funds for the acquisition of the public parking easement which will finance the cost of installation and construction of the parking structures will assist in the elimination of one or more blighting conditions inside the Project Area; (iii) the payment of the acquisition cost of the public parking easement which will finance the cost of the parking structures 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 parking structures is available to the City. Section 5. The City Council hereby approves payment by the Agency for the cost of acquisition of a public parking easement for the subject parking structures from any revenues of the Agency lawfully available therefor, including tax increment revenues derived from the Project Area. PASSED, APPROVED and ADOPTED this 11th day of April, 2002. AYES: BENSON, FERGUSON, SPIEGEL, KELLY NOES: NONE ABSENTS: CRITES ABSTAINS: NONE Richard S. Kelly, Mayor est: Sheila = i • . n, Chit Clerk P6402\0001\689248.2 - 2 -