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HomeMy WebLinkAboutCC RES 2011-03RESOLUTION NO. 2011-3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT APPROVING AN AGREEMENT WITH THE PALM DESERT REDEVELOPMENT AGENCY FOR THE PAYMENT BY THE AGENCY FOR THE VALUE OF THE LAND FOR AND THE COST OF INSTALLING AND CONSTRUCTING PUBLICLY OWNED IMPROVEMENTS, MAKING FINDINGS IN CONNECTION THEREWITH, AND APPROVING AN AGREEMENT WITH THE AGENCY FOR THE PAYMENT BY THE AGENCY OF ADMINISTRATIVE AND OVERHEAD EXPENSES THE CITY COUNCIL OF THE CITY OF PALM DESERT HEREBY FINDS, DETERMINES, RESOLVES AND ORDERS AS FOLLOWS: Section 1. The Palm Desert Redevelopment Agency (the '`Agency") is a duly constituted redevelopment agency under the laws of the State of California and pursuant to such laws is responsible for the administration of redevelopment activities within the City of Palm Desert ("City"). Section 2. The Agency is undertaking a program to redevelop its redevelopment project areas known as Project Area No. 1, Project Area No. 2, Project Area No. 3, and Project Area No. 4 (each individually, a "Project Area"; and collectively, the "Project Areas") (the "Project Area"). Section 3. Pursuant to provisions of the Community Redevelopment Law (California Health and Safety Code Section 33000, et seq.), the Agency proposes to pay for the value of the land for and the cost of installing and constructing the public improvements (collectively, the '`Improvements") set forth on Exhibit A of the agreement described in Section 5 hereof (the "Improvements Agreement"). Section 4. Based on information presented to the City Council, the City Council makes the following findings: (a) With respect to each Project Area, the acquisition of land and the installation and construction of the respective Improvements relating to the applicable Project Area, as set forth in Exhibit A of the Improvements Agreement, are of benefit to the Project Area by helping eliminate blight within the Project Area or providing housing for low or moderate income persons. (b) The payment of funds for the acquisition of land and the installation and construction of the Improvements is consistent with the Agency's implementation plans adopted pursuant to Health and Safety Code Section 33490. P6402-0001\1319412v1.doe RESOLUTION NO. 2011 - 3 (c) No other reasonable means of financing the acquisition of the land or the installation and construction of the Improvements are available to the City, including but not limited to the Mello -Roos Community Facilities Act of 1982 (Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the Government Code). (d) With respect to those Improvements which are located outside and not contiguous to the related Project Area shown on Exhibit A of the Improvements Agreement, if any, and which are not an obligation of the Agency under a contract existing on December 31, 2009, specifically described in the implementation plan prepared by the Agency as of July 1, 2009 pursuant to Health and Safety Code Section 33490, or specifically provided for in the redevelopment plan for the applicable Project Area as of December 31, 2009, the acquisition of land or the installation and construction of the Improvements are of benefit to the related Project Area shown on Exhibit A of the Improvements Agreement, respectively, by helping eliminate blight within the related Project Area or will directly assist in the provision of housing for low or moderate income persons and the payment of funds for the acquisition of land and the installation and construction of the Improvements is provided for in the redevelopment plan for the related Project Area. Section 5. The City Council hereby approves payment by the Agency for the acquisition of the land and the cost of the installation and construction of the Improvements pursuant to the Advance and Reimbursement Agreement presented to the City Council at this meeting and on file in the office of the City Clerk. The Advance and Reimbursement Agreement is hereby approved in the form on file and the Mayor (and any other officer of the City authorized to sign agreements pursuant to an ordinance adopted in accordance with Government Code Section 40602) (each, an "Authorized Officer") is hereby authorized, acting singly, to execute and deliver the Advance and Reimbursement Agreement in substantially said form with such changes therein as the Authorized Officer executing the same may approve (such approval to be conclusively evidenced by the execution and delivery thereof). Section 6. The City Council hereby approves payment by the Agency for administration and overhead expenses pursuant to the Agreement for Advance and Reimbursement of Administrative and Overhead Expenses presented to the City Council at this meeting and on file in the office of the City Clerk. The Agreement for Advance and Reimbursement of Administrative and Overhead Expenses is hereby approved in the form on file and each Authorized Officer is hereby authorized, acting singly, to execute and deliver the Agreement for Advance and Reimbursement of Administrative and Overhead Expenses in substantially said form with such changes therein as the Authorized Officer executing the same may approve (such approval to be conclusively evidenced by the execution and delivery thereof). -2- 1'6402-0001 \ 1319412v 1. doc RESOLUTION NO. 2011 - 3 Section 7. The officers of the City are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents which they may deem necessary or advisable in order to effectuate the purposes of this Resolution, and any such actions previously taken by such officers are hereby ratified and confirmed. PASSED, APPROVED and ADOPTED this 17th day of January, 2011, by the following vote, to wit: AYES: FINERTY, HARNIK, KROONEN, SPIEGEL, and BENSON NOES: NONE ABSENT: NONE ABSTAIN: NONE JE • i v BENSON A OR ATTEST: CI-IELLE D. KL SEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA -3- P6402-0001\13194I2vI.doe