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HomeMy WebLinkAboutCC RES 03-114RESOLUTION NO.03-114 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT APPROVING PAYMENT BY THE PALM DESERT REDEVELOPMENT AGENCY FOR A PART OF THE COST OF THE INSTALLATION OF CERTAIN LANDSCAPE IMPROVEMENTS BENEFITING PROJECT AREA NO. 1 AS AMENDED, PROJECT AREA NO. 2, AND PROJECT AREA NO. 3 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 ("Agency") proposes to pay for part of the cost of the installation of certain landscape improvements located in Project Area No. 1, As Amended, Project Area No. 2, and Project Area No. 3 ("Project Areas"). The proposed landscape improvements in Project Area No. 1, As Amended, are located in Waring Court, Tract 25304, north of Fred Waring Drive and east of Phyllis Jackson Lane, comprising 9,562 square feet of parkway landscape; in Palm Gate, Tract 24287, east of Deep Canyon Road and north of Fred Waring Drive, on Coral Bells Circle, Daylily Circle, and Moss Rose Drive, comprising 7,320 square feet of parkway landscape; and in Portola Place, Tract 27692, east of Portola Avenue, south of Santa Rosa Way, comprising 5,881 square feet of parkway landscape. The proposed landscape improvements in Project Area No. 2 are located in Desert Mirage, Tract 25639, west of Cook Street, 1,200 feet south of Frank Sinatra, comprising 22,998 square feet of parkway landscape and detention basin; and in K and B at Palm Desert, Tracts 28258 and 28258-1, north of Frank Sinatra Drive, 2,600 feet east of Monterey Avenue, comprising 43,628 square feet of parkway landscape and detention basin. The proposed landscape improvements in Project Area No. 3 are located in Primrose 2, Tract 25436, north of Hovley Lane East, between Carlotta Drive and Hemingway Court, comprising 5,370 square feet of parkway landscape. The City Council has previously determined that the Project Areas are areas 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 areas 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 Areas contain vacant and P6401 0001 CC resolution approving payment by agency of landscape improvements Resolution No. 03- t 14 underutilized properties, properties which suffer from depreciated or stagnant property values, and deteriorated, aged and obsolete buildings. In addition, the Project Areas are characterized by the existence of inadequate public improvements and public facilities, including inadequate landscape improvements that cannot be remedied by private or governmental action without redevelopment. The subject landscape improvements will enhance visual appearance of the City's parkways; use native plant materials that are more compatible with the climate and surrounding environment; install water efficient irrigation systems and solar powered timers that protect the environment by conserving water and electricity; and install desert landscape that minimizes dust and complies with Federal air quality regulations known as PM10 requirements, all for the benefit of the health, safety and welfare of the residents and taxpayers of the Project Areas. All subject landscape improvements will be located within existing landscape maintenance assessment districts of the City. The installation of the subject landscape improvements are expected to, among other things, reduce the cost of annual maintenance. Such landscape 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 landscape improvements will provide efficient desert landscaping and water irrigation systems to serve the residents and taxpayers of the Project Areas. Such landscape improvements will assist in the elimination of conditions of blight within the Project Areas that are caused by inadequate public improvements. This in turn will assist in eliminating a factor that prevents or substantially hinders the economically viable use or capacity of buildings or lots and will encourage private -sector investment in the Project Areas, thereby facilitating the redevelopment of the Project Areas. Section 2. The budget constraints of the City prevent the City from financing the entire cost of the subject landscape improvements by any means. No moneys of the City are available to pay for the entire cost of the landscape 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. Also, assessment financing or special tax financing could overburden benefiting properties with additional assessments or special taxes and, in addition, special taxes require a two-thirds vote and further 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) P6401.0001 CC resolution approving payment by agency of landscape improvements Resolution No. 03-114 the subject landscape improvements are of benefit to the Project Areas and the immediate neighborhoods in which the projects are 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 Areas; (iii) the payment of funds for the installation of landscape 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 4. The City Council hereby approves payment by the Agency for a portion of the cost of landscape installation in Project Area No. 1, As Amended, in an amount not to exceed $96,634; a portion of the cost of landscape installation in Project Area No. 2, in an amount not to exceed $252,845; and a portion of the cost of landscape installation in Project Area No. 3, in an amount not to exceed $16,304. PASSED, APPROVED and ADOPTED this 13th day of November, 2003, by the following vote to wit: AYES: NOES: ABSENTS: ABSTAINS: NONE CRITES, FERGUSON, KELLY, SPIEGEL, BENSON NONE NONE /Jean M. Benson, Mayor Attest: cc�� achelle D.sen, CiClerk City of Palm Desert, Californiaa P6401 0001 CC resolution approving payment by agency of landscape improvements