HomeMy WebLinkAboutCC RES 03-106RESOLUTION NO. 03-106
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
THE INSTALLATION AND CONSTRUCTION OF CERTAIN STORM
DRAINAGE IMPROVEMENTS BENEFITING PROJECT AREA NO. 4 OF
THE AGENCY
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 pay for all or a part
of the cost of the installation and construction of certain storm drainage improvements
benefiting Project Area No. 4 of the Agency. The subject storm drainage improvements
will be owned by the City of Palm Desert. Attached hereto as Exhibit A is a diagram
showing the general location of such storm drainage improvements.
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 storm drainage improvements
which cannot be remedied by private or governmental action without redevelopment.
The subject storm drainage improvements will improve storm drainage in
the Project Area and help to alleviate the hazards of flooding, all for the benefit of the
health, safety and welfare of the residents and taxpayers of the Project Area. Such
storm drainage improvements will serve a basic purpose of redevelopment;
redevelopment includes the provision of structures and spaces as may be appropriate or
necessary in the interest of the general welfare. In addition, a fundamental purpose of
redevelopment is to expand employment opportunities and to provide an environment for
the social, economic and psychological growth and well-being of all citizens.
The subject storm drainage improvements will provide a new, modern
and efficient storm drainage system to serve the residents and taxpayers of the Project
Area. Such storm drainage improvements will 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.
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Resolution No. 03- 106
Section 2. The budget constraints of the City prevent the City from
financing the subject storm drainage improvements by any means. No moneys of the
City are available to pay for the cost of such 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
benefiting 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 storm
drainage improvements are of benefit to the Project Area and the immediate
neighborhood in which the project is located; (ii) the payment of funds for the cost of
such improvements 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
the cost of the construction of the foregoing described improvements, in an amount not
to exceed $9,000,000.
PASSED, APPROVED and ADOPTED this 9`h day of October 2003, by
the following vote to wit:
AYES:
NOES:
ABSENTS:
ABSTAINS:
CRITES, FERGUSON, KELLY, SPIEGEL, BENSON
NONE
NONE
NONE
J
Attest:
Rac elle D. ' . ssen, ity Clerk
1%- 44t
Benson, Mayor
748102-2
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CITY LIMITS
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Resolution No. 03-106
Resolution No. 03-106
EXHIBIT A