HomeMy WebLinkAboutCC RES 05-035RESOLUTION NO. 05-35
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT
APPROVING PAYMENT BY THE PALM DESERT REDEVELOPMENT AGENCY
OF ALL OR PART OF THE COST OF THE INSTALLATION AND
CONSTRUCTION OF THE PORTOLA AVENUE BRIDGE IN THE CITY OF PALM
DESERT, CALIFORNIA
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") proposes to pay
for all or a part of the cost of the installation and construction of the Portola Bridge in the
Whitewater River Wash between Magnesia Falls and Hovley Lane East. The proposed
improvements include raising the grade at the entrance of the Portola Country Club in
order to facilitate the bridge.
The Portola Avenue Bridge is located in Project Area No. 1 (the "Project Area") in
the City of Palm Desert, California.
The City Council has previously determined that 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 govemmental
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 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 Portola Avenue Bridge will improve traffic circulation within the Project
Area and 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 Portola Avenue Bridge
will secure safe crossing during bad weather for vehicles, as well as, pedestrians. There
currently is no pedestrian crossing on Portola Avenue in the vicinity of the proposed Portola
Avenue Bridge. A pedestrian crossing is vital considering there are three schools located
in the immediate area (Lincoln Elementary, James Carter Elementary and Palm Desert
Middle School.) The Portola Avenue Bridge will assist in the elimination of conditions of
blight within the Project Area which are caused by inadequate public improvements. This
in tum 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 Portola Avenue Bridge will promote the economic
viability of the Project Area businesses, attract new businesses, encourage business
expansion and encourage private sector investment in the Project Area.
P6402\00011800296.2
RESOLUTION NO. 05- 35
Section 2. The budget constraints of the City prevent the City from financing
the Portola Avenue Bridge by any means. No moneys of the City are available to pay for
the cost of the Portola Avenue Bridge. 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 installation and
construction of the Portola Avenue Bridge is of benefit to the Project Area and the
immediate neighborhood in which the project is located; (ii) the payment of funds and the
cost of the Portola Avenue Bridge will assist in the elimination of one or more blighting
conditions inside the Project Area; (iii) the payment of funds for and the cost of the Portola
Avenue Bridge 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 Portola Avenue Bridge is available to the City.
Section 4. The City Council hereby approves payment by the Agency for all
or a part of the cost of the Portola Avenue Bridge including, but not limited to, the costs of
installation and construction, environmental studies and design services, from any
revenues of the Agency lawfully available therefor, including tax increment revenues
derived from the Project Area. Any moneys paid initially by the City for the cost of the
Portola Avenue Bridge will constitute loans of such moneys by the City to the Agency, and
the Agency will repay such loans to the City, from time to time, 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 26th day of May, 2005, by the
following vote to wit:
AYES:
BENSON, FERGUSON, KELLY, SPIEGEL, and KELLY
NOES: NONE
ABSENTS: NONE
ABSTAINS: NONE
Attest:
Rahelle . Klassen, City Clerk
City of Palm Desert, California
c,‘
Buford A. Crite>;, Mayor
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