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Home My WebLink AboutCC RES 09-81RESOLUTION NO. 09-81 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT APPROVING PAYMENT BY THE PALM DESERT REDEVELOPMENT AGENCY FOR THE VALUE 0 F THE LAND FOR AND THE COST OF THE INSTALLATION AND CONSTRUCTION OF PUBLIC OPEN SPACE AND RECREATIONAL IMPROVEMENTS AND APPROVING AN ADVANCE AND REIMBURSEMENT AGREEMENT WITH 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 (the "Agency") proposes to pay for the value of the land for and the cost of the installation and construction of open space and recreational improvements thereon. Section 2. Such land consists of up to approximately twenty acres in various parcels, and is located within the area depicted in Exhibit A, attached hereto and incorporated herein (the "Property"). The open space and recreational improvements include, but are not limited to, trails, signage, and benches for hiking, mountain biking, and equestrian use, as well as staining and landscaping to renaturalize previously disturbed areas of the hillsides_(the "Open Space and Recreational Improvements"). Such Open Space and Recreational Improvements will serve the residents and taxpayers of Project Area No. 1, As Amended (the "Project Area"), as well as the residents and taxpayers of the Agency's other project areas. The City Council (the "City Council") of the City of Palm Desert (the "City") 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. The Project Area is characterized by buildings and structures, used or intended to be used for living, commercial, industrial, or other purposes, which are unfit or unsafe to occupy for such purposes and are conducive to juvenile delinquency and crime because of, among other things, inadequate provision for recreational facilities. In addition, the Project Area contains vacant and underutilized properties and properties that suffer from economic dislocation, deterioration or disuse, including depreciated or stagnant property values and impaired investments, and deteriorated, aged and obsolete buildings. The Project Area is characterized by the existence of inadequate public improvements, public facilities and open spaces that cannot be remedied by private or governmental action without redevelopment. P6402-0001\ 1193396v 1.doc RESOLUTION NO. o9-81 Open space and recreational facilities 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, including recreational and other facilities, as well as the provision of public recreation areas. 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 Property and the Open Space and Recreational Improvements will provide open space and new, modern and efficient open space and recreational facilities to serve the residents and taxpayers of the City, including the residents and taxpayers of the Project Area, and will serve the human need for fresh air, sunlight, physical exercise, recreation and social interaction and psychological release, contributing to the well-being of the community. The Property and the proposed Open Space and Recreational Improvements will help reduce crime and juvenile delinquency, remedy the lack of adequate public improvements and open space, assist in the revitalization of the Project Area, encourage private sector investment and create job opportunities, all for the health, safety and welfare of the residents and taxpayers of the City and the Project Area. Section 3. Pursuant to budget considerations of the City, the cost of the proposed acquisition of the Property and the installation and construction of the proposed Open Space and Recreational Improvements has been allocated to the Agency. The budget constraints of the City prevent the City from financing the proposed acquisition of the Property and the installation and construction of the Open Space and Recreational Improvements by any means. No moneys of the City are available under the budget of the City to pay for the acquisition of the Property or the cost of the installation and construction of the proposed Open Space and Recreational 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 4. The City Council hereby finds and determines that based upon the foregoing and other information presented to the City Council: (i) the proposed Open Space and Recreational Improvements are of benefit to the Project Area and to the immediate neighborhood in which the projects are located; (ii) the payment of funds for the acquisition of the Property and the installation and construction of the Open Space and Recreational 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 the Property and the installation and construction of the Open Space and Recreational 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 Open Space and Recreational Improvements is available to the City. 2 P6402-0001\ 1193396v 1.doc RESOLUTION NO. o9-81 Section 5. The City Council hereby approves payment by the Agency for value of the Property and the cost of the installation and construction of the proposed Open Space and Recreational Improvements from any revenues of the Agency lawfully available therefor in an amount not to exceed $ 2,000,000 (two million dollars). Any moneys paid initially by the City for the acquisition of the Property or the cost of the installation and construction of the Open Space and Recreational Improvements will constitute an advance to the Agency by the City. The City Council hereby approves the Advance and Reimbursement Agreement by and between the City and the Agency, presented to the City Council at this meeting and on file in the office of the City Clerk (the "Agreement"). The City Council hereby authorizes and directs the Mayor to execute and deliver the Agreement for and on behalf of the City, in substantially the form presented to the City at this meeting, with such changes therein as may be necessary and as the Mayor may approve as being in the best interests of the City, such approval to be conclusively evidenced by the Mayor's execution and delivery thereof. PASSED, APPROVED and ADOPTED by the City Council of the City of Palm Desert, California, this 2lst day of December, 2009. AYES: NOES: ABSENT: ABSTAIN: Attest: BENSON, FERGUSON, SPIEGEL, AND FINERTY KELLY NONE NONE RACHEELE D. 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