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HomeMy WebLinkAboutRDA RES 396RESOLUTION NO. 396 A RESOLUTION OF THE PALM DESERT REDEVELOPMENT AGENCY APPROVING PAYMENT BY THE AGENCY FOR THE COST OF THE INSTALLATION AND CONSTRUCTION OF A SOUND ATTENUATION WALL AND RELATED LANDSCAPING THE PALM DESERT REDEVELOPMENT AGENCY HEREBY FINDS, DETERMINES, RESOLVES AND ORDERS AS FOLLOWS: Section l. Pursuant to provisions of the Community Redevelopment Law (California Health and Safety Code Section 33000, et seg.), and in particular Section 33445 thereof, the Agency proposes to reimburse the City for the cost of installing and constructing a publicly-owned sound attenuation wall (including the removal of the existing walls) along the south side of Hovley Lane between Kansas Street and Warner Trail and related landscaping along the south side of Hovley lane between Kansas Street and Idaho Street in the City of Palm Desert (the "Improvements"). Section 2. The subject residences served by the Improvements are located along the south side of Hovley Lane between Kansas Street and Idaho Street in Project Area No. 4 of the Agency (the "Project Area"), a blighted area requiring redevelopment. The subject residences along Hovley Lane west of Warner Trail were unhealthy for persons to live in and were conducive to crime because of the deficient sound attenuation walls which abutted the residences. Many of the existing walls were in a state of dilapidation and deterioration and required demolition to avoid the possibility of collapse. The City replaced the individual walls with a single publicly-owned wall. Replacement of the existing walls was necessary in order to provide an adequate system of noise attenuation for the subject residences which were regularly impacted by adverse noise levels due to their proximity to Hovley Lane which is a major thoroughfare. In addition, the new wall was needed to provide a barrier between the subject residences and Hovley Lane in order to reduce opportunities for crimes to be committed at the subject residences, including trespass and burglary. The related landscaping which abuts the new wall and continues to Idaho Street provides beautification and improves aesthetics by providing landscaping which is consistent with the City's landscaping theme and which creates a uniform appearance along Hovley Lane between Kansas Street and Idaho Street, thereby enhancing the desirability of the surroundings. Section 3. The budget constraints of the City prevent the City from financing the Improvements by any means. Except for the mone�rs advanced by the City and to be reimbursed by the Agency, no moneys of the City are available to pay for the cost of the Improvement. 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. P6402\0001\114288.2 Resolution No. 396 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 4. The Agency hereby finds and determines that based upon the foregoing and other information presented to the Agency: (i) the Improvements are of benefit to the Project Area and to the immediate neighborhood in which the project is located; (ii) the payment of funds for the Improvements assists in the elimination of one or more blighting conditions inside the Project Area; (iii) the payment of funds for the 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 5. The Agency hereby approves payment by the Agency for the cost of the Improvements from any revenues of the Agency lawfully available therefor. PASSED, APPROVED and ADOPTED this 22nd day of June , 2000. AYES: BENSON, KELLY, SPIEGEL, FERGUSON NOES : NONE ABSENT : CRITES t P6402\0001\114288.2 - 2 - CITY OF PALM DESERT, CALIFU1lNIA