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HomeMy WebLinkAboutResolution 2011-55/585 Payment by Agency Kansas Street Retention Basin - Joint ConsiderationCITY OF PALM DESERT/ PALM DESERT REDEVELOPMENT AGENCY STAFF REPORT REQUEST: APPROVAL OF ADOPTION OF RESOLUTIONS OF THE CITY COUNCIL AND THE PALM DESERT REDEVELOPMENT AGENCY APPROVING PAYMENT BY THE AGENCY FOR ALL OR A PART OF IMPROVEMENTS TO THE KANSAS STREET RETENTION BASIN PROJECT SUBMITTED BY: Veronica Tapia, Redevelopment Accountant DATE: June 23, 2011 CONTENTS: City Council Resolution No-. 2011-55 Agency Resolution No. 585 Recommendation By Minute Motion that: The City adopt Resolution No.2011-55, a resolution of the City Council of the City of Palm Desert approving payment by the Palm Desert Redevelopment Agency for all or a part of the cost of the Kansas Street Retention Basin project; and 2. The Redevelopment Agency adopt Resolution No. 585 , a resolution of the Palm Desert Redevelopment Agency approving payment by the Agency for all or a part of the cost of the Kansas Street Retention Basin project. Executive Summary The adoption of these resolutions will authorize the Redevelopment Agency to reimburse the City for the costs associated with the Kansas Street Retention Basin project. Funds are available in Project Area No. 4 account for this purpose. Staff recommends approval. Background The property located at 42135 Kansas Street (southwest corner of Kansas Street and Hovley Lane East) has been the site of numerous traffic collisions over the years. The north side of the property is positioned directly in front of the stop light where Oasis Street dead ends into Hovley Lane East. The location of the house has proven to be a health and safety issue. In the last collision, a car ran the red light and crashed through the brick wall and ultimately into the back bedroom and patio area of the structure. G:\rda\Veronica Tapia\Word Files\Staff Reports\Kansas St Retention Basin 33455 SR.doc Staff Report Adoption of Resolutions for the Kansas Street Retention Basin Project Page 2 of 2 June 13, 2011 Staff believed the best use of the property was to deconstruct the single-family dwelling and replace it with a xeriscaped open space area and retention basin that will address water and maintenance efficiency concerns. Therefore, staff recommends the approval of the attached resolutions. Fiscal Analysis The costs associated with the Kansas Street Retention Basin project would be borne by the Redevelopment Agency from bond funds in the respective project areas. Therefore, there will be no impact to the General Fund. Sub i ed By: ,IA Veronica Tapia, RDA Ac ountant McCa roval: opment Department Head: 67 anet M ore, Director of Housing /2VOK� P 1 S. Gibson, Director of Finance J,opn M. Wohlmuth, City Manager/Executive Director "CITY COUNCIL ACTION APPROVED-- ✓ DENIED RECEIVED OMER. MEETING DATE — " 3-. U AYES: NOES: N Zn& _ ABSENT: -Lde _.. ABSTAIN: N r__ VERIFIED BY: K-1)� /r Original on File with City Clerk's Office 4PLC 'L BY RDA ON—_ (()-,)3-- VERIFIED B`l_, ' I Original on file with City Clerk's )fiice G:\rda\Veronica Tapia\Word Files\Staff Reports\Kansas St Retention Basin 33455 SR.doc RESOLUTION NO 2011-55 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT APPROVING PAYMENT BY THE PALM DESERT REDEVELOPMENT AGENCY FOR THE VALUE OF THE LAND FOR AND THE COST OF THE INSTALLATION AND CONSTRUCTION OF PUBLIC OPEN SPACE IMPROVEMENTS 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"). The Agency is undertaking a program to redevelop its Project Area No. 4 (the "Project Area"). The City previously acquired a parcel of property located at 42135 Kansas Street, Palm Desert, California (APN No. 637-033-001) (the "Property"). The City demolished the improvements thereon and has developed the Property into xeriscaped open space. The Agency has paid for the cost of acquiring the Property and developing the Property into xeriscaped open space. The Property is located within Project Area No. 4 (the "Project Area"). The City Council 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 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. 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 open space which cannot be remedied by private or governmental action without redevelopment. The foregoing conditions hinder economic development opportunities and contribute to the existence of depreciated and stagnant property values and impaired investments in the Project Area. Open space serves 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 xeriscaped open space serves 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 demolition of the existing building on the Property and the installation and construction of the xeriscaped open space thereon removed a dilapidated building in which it is P6402-0001 \13666970.doe RESOLUTION NO. 2011-55 unsafe to live and helps remedy the lack of adequate open space, thereby helping reduce crime and juvenile delinquency, encouraging private sector investment in the Project Area, and facilitating the redevelopment of the Project Area, all for the health, safety and welfare of the residents and taxpayers of the City and the Project Area. Section 2. No moneys of the City were, are, or are reasonably expected to be, available on a long-term basis under the budget of the City to pay for the cost of acquiring the Property or the developing the xeriscaped open space, and pursuant to prior understandings and budget considerations of the Agency and City, the costs have been allocated to the Agency. Traditional methods of financing such as the issuance of general obligation bonds by the City 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 which would be added to existing taxes and assessments, and, in addition, special taxes and assessments require voter or property owner approval. Section 1. Based on information presented to the City Council, the City Council makes the following findings: (a) The acquisition of the Property and the installation and construction of the publicly owned xeriscaped open space improvements thereon are of benefit to the Project Area by helping eliminate blight within the Project Area. (b) The payment of funds for the acquisition of Property and the installation and construction of the publicly owned xeriscaped open space improvements thereon is consistent with the Agency's implementation plan adopted pursuant to Health and Safety Code Section 33490. (c) No other reasonable means of financing the acquisition of the Property or the installation and construction of the publicly owned xeriscaped open space improvements thereon are available to the City. Section 2. The City Council hereby approves payment by the Agency for the acquisition of the Property and the cost of the installation and construction of the xeriscaped open space improvements thereon, including the costs of acquisition, related commission and closing costs, deconstruction and development of the Property into xeriscaped open space, from any revenues of the Agency lawfully available therefor and any prior payment is hereby ratified. PASSED, APPROVED and ADOPTED this day of , 2011. Mayor ATTEST: City Clerk -2- P6402-0001 \ 1366697v 1 _doe RESOLUTION NO 585 A RESOLUTION OF THE PALM DESERT REDEVELOPMENT AGENCY APPROVING PAYMENT BY THE AGENCY FOR THE VALUE OF THE LAND FOR AND THE COST OF THE INSTALLATION AND CONSTRUCTION OF PUBLIC OPEN SPACE IMPROVEMENTS THE PALM DESERT REDEVELOPMENT AGENCY 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"). The Agency is undertaking a program to redevelop its Project Area No. 4 (the "Project Area"). The City previously acquired a parcel of property located at 42135 Kansas Street, Palm Desert, California (APN No. 637-033-001) (the "Property"). The City demolished the improvements thereon and has developed the Property into xeriscaped open space. The Agency has paid for the cost of acquiring the Property and developing the Property into xeriscaped open space. The Property is located within Project Area No. 4 (the "Project Area"). The City Council 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 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. 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 open space which cannot be remedied by private or governmental action without redevelopment. The foregoing conditions hinder economic development opportunities and contribute to the existence of depreciated and stagnant property values and impaired investments in the Project Area. Open space serves 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 xeriscaped open space serves 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 demolition of the existing building on the Property and the installation and construction of the xeriscaped open space thereon removed a dilapidated building in which it is P6402-0001 \ 1366300v 1 _doe RESOLUTION NO. 585 unsafe to live and helps remedy the lack of adequate open space, thereby helping reduce crime and juvenile delinquency, encouraging private sector investment in the Project Area, and facilitating the redevelopment of the Project Area, all for the health, safety and welfare of the residents and taxpayers of the City and the Project Area. Section 2. No moneys of the City were, are, or are reasonably expected to be, available on a long-term basis under the budget of the City to pay for the cost of acquiring the Property or the developing the xeriscaped open space, and pursuant to prior understandings and budget considerations of the Agency and City, the costs have been allocated to the Agency. Traditional methods of financing such as the issuance of general obligation bonds by the City 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 which would be added to existing taxes and assessments, and, in addition, special taxes and assessments require voter or property owner approval. Section 1. Based on information presented to the Agency, the Agency makes the following findings: (a) The acquisition of the Property and the installation and construction of the publicly owned xeriscaped open space improvements thereon are of benefit to the Project Area by helping eliminate blight within the Project Area. (b) The payment of funds for the acquisition of Property and the installation and construction of the publicly owned xeriscaped open space improvements thereon is consistent with the Agency's implementation plan adopted pursuant to Health and Safety Code Section 33490. (c) No other reasonable means of financing the acquisition of the Property or the installation and construction of the publicly owned xeriscaped open space improvements thereon are available to the City. Section 2. The Agency hereby approves payment by the Agency for the acquisition of the Property and the cost of the installation and construction of the xeriscaped open space improvements thereon, including the costs of acquisition, related commission and closing costs, deconstruction and development of the Property into xeriscaped open space, from any revenues of the Agency lawfully available therefor and any prior payment is hereby ratified. PASSED, APPROVED and ADOPTED this _ day of , 2011. Chairman ATTEST: Secretary -2- P6402-0001 \13663000.doc