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HomeMy WebLinkAboutRDA RES 181RESOLUTION NO. 181 RESOLUTION OF THE PALM DESERT REDEVELOPMENT AGENCY PRELIMINARILY APPROVING A PROPOSED AMENDMENT TO THE REDEVELOPMENT PLAN FOR PROJECT AREA NO. 1, AS AMENDED. THE PALM DESERT REDEVELOPMENT AGENCY HEREBY FINDS, DETERMINES, RESOLVES AND ORDERS AS FOLLOWS: Section 1. The Palm Desert Redevelopment Agency hereby preliminarily approves the proposed Amendment to the Redevelopment Plan for Project Area No. 1, as amended, attached hereto as Exhibit A. Section 2. The Agency hereby consents to the holding of a joint public hearing with the City Council of the City of Palm Desert on such proposed Amendment as such time, date and place as may be set by the City Clerk. Section 3. The staff of the Agency is hereby authorized and directed to transmit such proposed Amendment to the Planning Commission of the City of Palm Desert and to the Project Area Committee for their report and recommendations and to take all actions as may be necessary or desirable in connection with such proposed Amendment pursuant to the Community Redevelopment Law, California Health and Safety Code Sections 33000, et seq. PASSED, ARPPOVED and ADOPTED this 2 day of A,,vist the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: SHEILA R. t PALM DESERT Kelly, Puluqi, Wilson & Snyder None Jackson None \\Q LLIGAN, SECRETARY REDEVELOPMENT AGENCY , 1984, by WALTER, H. SNYDER, CHAIRMAN RESOLUTION NO. 1 EXHIBIT "A" WLS-11A THIRD AMENDMENT TO THE REDEVELOPMENT PLAN FOR PROJECT AREA NO. 1, AS AMENDED RESOLUTION NO, 31 EXHIBIT "A" WLS-12A Section 1. The following terms shall have the following meanings in this Amendment unless the context requires otherwise: "Agency" means the Palm Desert Redevelopment Agency. "Amendment" or "Third Amendment" means this third Amendment to the Redevelopment Plan, as amended. "City" means the City of Palm Desert, California. "City Council" means the City Council of the City. "First Amendment" means the first Amendment to the Redevelopment Plan, approved and adopted by Ordinance No. 157 of the City. "Project Area" means the territory included within the original boundaries of Project Area No. 1 of the Agency, as set forth in the Redevelopment Plan approved and adopted by Ordinance No. 80 of the City. "Redevelopment Plan" means the Redevelopment Plan for the Project Area. "Redevelopment Plan", as amended, means the Redevelopment Plan for Project Area No. 1, approved and adopted by Ordinance No. 80 of the City, and as amended by the First Amendment and the Second Amendment. "Second Amendment" means the second Amendment to the Redevelopment Plan, approved and adopted by Ordinance No. 275 of the City. "Territory Added to the Project Area" means the -2- RESOLUTION NO. ls' EXHIBIT "A" WLS-13A territory added to the Project Area pursuant to the Secona Amendment. Section 2. Section 10 on page 37 of the Redevelop- ment Plan is hereby amended to read as follows: "10. DURATION OF THIS PLAN Except for the nondiscrimination and nonsegregation provisions which shall run in perpetuity, the provi- sions of this Plan shall be effective and the provi- sions of other documents formulated pursuant to this Plan may be made effective for 45 years from the date of adoption of this Plan by the City Council. By resolution, the Agency may provide that the provi- sions of this Plan shall be effective and that the provisions of other documents formulated pursuant to this Plan may be made effective beyond forty-five years upon a finding and determination by the Agency set forth in such resolution that extending the duration is necessary and appropriate in connection with the effective redevelopment of the Project Area or any territory added to the Project Area pursuant to an amendment to this Plan." Section 3. Section 4 on page 2 of the Second Amendment is hereby amended to read as follows: -3- RESOLUTION NO. 181 EXHIBIT "A" WLS-14A SECTION 4: AMENDMENT TO THE REDEVELOPMENT PLAN OBJECTIVES The objectives of the Redevelopment Plan are fully discussed in the "Redevelopment Plan, Project Area No. One" (pages 8 and 9), adopted by the City Council on July 6, 1975, (Ordinance No. 80) and the "Environ- mental Impact Report for the Redevelopment of Project Area No. 1" (page 2). The objectives of the amendment to the Redevelopment Plan are limited to: 1. The elimination or alleviation of flooding of property within the Project Area due to the laying out of lots in disregard of the contours and other topography or physical conditions of the ground and surrounding conditions. 2. The provision of flood control facilities which cannot be provided by private or governmental action without redevelopment and which are neces- sary to solve the flooding problems. 3. The provision of drainage facilities throughout the Project Area and the territory added to the Project Area pursuant to this Amendment. 4. The provision of bridges across the Whitewater Channel at Monterey Avenue and Portola Avenue. 5. The provision of county public buildings, such as -4- RESOLUTION NO. 181 EXHIBIT "A" WLS-15A public safety buildings and correctional facilities. Section 4. Section 5 beginning on page 2 and continuing to page 3 of the Second Amendment is hereby amended to read as follows: "SECTION 5: PROPOSED REDEVELOPMENT ACTIONS In addition to those actions proposed in the Palm Desert Redevelopment Plan, the Agency proposes to eliminate and prevent the spread of blight in the Project Area by such actions as: 1. Installation, construction, or reconstruction of flood control improvements, where necessary to accomplish flood control objectives, the installa- tion and construction of drainage facilities, bridges and public buildings. The following is a summary of flood control work the Agency intends to undertake. The Agency intends to implement Atlernative lA modified as originally describes in the report "Engineering Report on Preliminary Design and Cost Estimate for Flood Control Works for Palm Desert - Rancho Mirage - Indian Wells by Bechtel, Inc." This alternative represents the concept of diverting all flood waters emanating from the Dead Indian and Carrizo Creek Canyons into the exising Palm Valley Channel. This is combined with the concept of divert- -5- RESOLUTION NO. 181 EXHIBIT "A" WLS-16A ing all flood waters from Deep Canyon flowing through the existing Deep Canyon Channel through Indian Wells, as is presently the case. A series of debris basins, collector channels and storm channels will be either constructed or strengthened in Dead Indian, Carrizo Creek, and Cat Creek Canyons. A more detailed descrip- tion of Alternative IA modified appears in the Appendix. 2. Review of proposed developments to assure their conformance with the objectives and proposals of this Amended Plan. The proposed Redevelopment actions are imperative due to two disastrous floods in 1976 and 1979 that devasta- ted Palm Desert and surrounding communities. On September 9, 1976, rainfall from tropical storm Kathleen began falling on the City of Palm Desert and surround- ing mountains. Relatively intense rainfall continued throughout the evening and into the afternoon of September loth. Before the day was over, runoff from Carrizo, Grapevine and Dead Indian Creeks had created a wall of water several feet high that raced northeasterly through the urbanized area of Palm Desert. Upon reaching the Whitewater River Stormwater Channel, the main body of water had widened to nearly a mile. In its path, it had caused extensive damage to 500 homes -6- RESOLUTION NO. 1°' EXHIBIT "A" WLS-17A in Palm Desert and 40 homes in Ranco Mirage. Damage estimates totaled S6,299,000 in Palm Desert and $180,000 in Rancho Mirage. On September 23, 1976, another storm of very high intensity again hit the Palm Desert area. The extent of the damage was intensified as a result of the effects of Tropical Storm Kathleen two weeks earlier. On this occasion, the damage was estimated at $900,000 in Palm Desert alone. Once again in July of 1979, the Palm Desert area was hit by torrential rains. Flood waters roared out of the local canyons to the extent that the Cities of Palm Desert, Rancho Mirage, and Indian Wells suffered extensive flood damage. Damages in Rancho Mirage totaled $7,200,000 while in Palm Desert final estimates of flood -related damage totaled $18,360,000. In Palm Desert alone, 3,920 housing units experience flood damage. In Indian Wells, flooding occurred due to overflow of water from the Deep Canyon Stormwater Channel. This channel was overtopped as water from Dead Indian Creek, Carrizo Creek and Deep Canyon was directed through a system of dikes and channels into the Deep Canyon Stormwater Channel. Despite the breach of a sand dike above the City of Palm Desert which -7- RESOLUTION NO. 181 EXHIBIT "A" WLS-18A dissipated much of the flow from Dead Indian Canyon and Carrizo Creek, the water traveling through the Deep Canyon Channel exceeded that channel's capacity, resulting in damage to approximatley 60 homes in Indian Wells along with substantial damage to public facilities. In July, 1979, the area experienced another storm. Although not of the same magnitude as the 1976 storm, damage accorded primariliy in the area of Highway 111. Damage occurred as a result of water flowing from above Palm Desert, down Portola Avenue and subsequently east down State Highway 111." Section 5. Paragraph E of Section 6 beginning on page 6 and continuing to page 7 of the Second Amendment is hereby amended to read as follows: "E. Project Impact on Residents and Surrounding Neighborhoods The proposed project, which is the addition of ter- ritory to an already existing Redevelopment area, is for the purpose of financing and construction of flood control facilities which will benefit the Cities of Palm Desert, Indian Wells, and Rancho Mirage. Other proposed projects are the installation of drainage facilities, bridges and public buildings. The flood -8- RESOLUTION NO. EXHIBIT "A" WLS-19A control project will provide two major benefits to residents and surrounding neighborhoods. Firstly, it will protect the life, health, and property, which are constantly threatened by flooding. The Project Area is subject to flooding from two primary sources. Flooding can and does occur from local flows out of the adjoining Santa Rosa Mountains primarily from Cat Creek, Dead Indian, Carrizo, and DeeE Canyons and has resulted in extensive damage to public and private property. The Project Area is prone to serious flooding from watershed runoff. The City lies at the base of the Santa Rosa Mountains whose steep gradients and barren rocky slopes wash water and debris down canyons and onto the alluvial fan contained within the Project Area. Considerable erosion occurs during the flooding process with eroded materials being deposited along roadways, across properties and inside commercial and residential structures. Severe damage has been sustained through- out the Project Area in the flood of September, 1976, and in the flood of July, 1979. In both occurrences, the City was declared both a Local and Federal Disaster Area. Without the development of flood control facili- ties proposed by the Redevelopment Plan, the entire -9- RESOLUTION NO. 181 EXHIBIT "A" WLS-20A Project Area will continue to be subject to the hazards and economic losses resulting from the flooding condi- tions. Secondly, the proposed flood control project will delete all the area within the Redevelopment area boundaries from the provisions of the Federal Flood Insurance regulations, thereby creating a substantial savings to area residents for flood insurance premiums and restrictive land use and building requirements." Section 6. Paragraph B of Section 15 beginning on page 8 and continuing to page 9 of the Second Amendment is hereby amended to read as follows: "B. Public Improvements The Agency is authorized to install and construct or to cause to be installed or constructed the flood control facilities and drainage facilities necessary to carry out the Plan. The Agency may also install and construct bridges and public buildings. Pursuant to Health & Safety Code Section 33445, the Agency may, with the consent of the City Council, pay all or part of the value of any real property which is owned or which may be acquired by the City or other -10- RESOLUTION NO. 181 EXHIBIT "A" WLS-21A public agency within the areas shown for flood control improvements, drainage facilities, bridges or public buildings. Pursuant to Health & Safety Code Section 33445, the Agency may, with the consent of the City Council, pay all or part of the cost of the installation and con- struction of any flood control facility or flood control improvement, drainage facilities, bridges or public buildings. Such drainage facilities are generally described in the "City of Palm Desert, Master Drainage Plan," dated August, 1976, prepared by Harold Howsley, in association with Wilidan and Associates. Such bridges will generally be located across the Whitewater Channel at Monterey Avenue and Portola Avenue, and such public buildings will be county public safety buildings and correctional facilities. Section 7. Section 23 on page 11 of the Second Amendment is hereby amended to read as follows: "Section 23. LIMITATION ON THE NUMBER OF DOLLARS WHICH MAY BE DIVIDED AND ALLOCATED TO THE AGENCY FROM THE AMENDED AREA The limit on the number of dollars of taxes which may be divided and allocated to the Agency from the area -11- RESOLUTION NO. 181 EXHIBIT "A" WLS-22A added to the Project Area by this Amendment pursuant to Section 21 hereof and Section 33670(b) is one hundred million dollars ($100,000,000.00)." Section 8. Section 24 on page 11 of the Second Amendment is hereby amended to read as follows: "Section 24: TIME LIMIT ON THE ESTABLISHING OF LOANS, ADVANCES, AND INDEBTEDNESS TO FINANCE IN WHOLE OR IN PART THE REDEVELOPMENT PROJECT Loans, advances and indebtedness to finance in whole or in part the Redevelopment Project contemplated by this Amendment and secured by the taxes allocated pursuant to Section 23 above shall be established or incurred within fifteen (15) years following the effective date of adoption of the ordinance adopting this Amend- ment. Such loans, advances or indebtedness may be repaid over a period of time longer than such limit." Section 9. Section 25 on page 11 of the Second Amendment is hereby amended to read as follows: "SECTION 25: LIMITATION ON THE AMOUNT OF BONDED INDEBTEDNESS The limit on the amount of bonded indebtedness to be -12- RESOLUTION NO. 181 EXHIBIT "A" WLS-23A paid in whole or in part from allocation of taxes pursuant to Section 23 of this Amendment, which can be outstanding at one time is fifty million dollars ($50,000,000)•" Section 10. Section 31 on page 12 of the Second Amendment is hereby amended to read as follows: "SECTION 31: DURATION OF THIS AMENDMENT Except for the nondiscrimination and nonsegregation provisions which shall run in perpetuity, the pro- visions of this Amendment shall be effective and the provisions of other documents formulated pursuant to this Plan may be made effective for 35 years from the date of adoption of this Amendment by Ordinance of the City. By resolution, the Agency may provide that the provisions of this Amendment shall be effective and that the provisions of other documents formulated pursuant to this Amendment may be made effective beyond thirty-five years upon a finding and determination by the Agency set forth in such resolution that extending the duration is necessary and appropriate in connection with the redevelopment of the Territory added to the Project Area pursuant to this Amendment." -13- RESOLUTION NO. 181 EXHIBIT "A" WLS-24A Section 11. Sections 3 through 10 of this Third Amendment are intended to and shall apply only to the provisions of the Second Amendment. Sections 3 through 10 of this Amendment are not intended to and shall not be construed to amend, modify or change the provisions of the Redevelopment Plan.