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HomeMy WebLinkAbout22039 - RESOLUTIONS - 9/19/2007 RESOLUTION NO. 22039 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, MAKING CERTAIN FINDINGS PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445 RELATING TO PAYMENT OF ALL OR PART OF THE COSTS OF THE INSTALLATION AND CONSTRUCTION OF CERTAIN BUILDINGS, FACILITIES, STRUCTURES, AND OTHER IMPROVEMENTS TO THE PALM CANYON THEATRE, A CITY OWNED PROPERTY LOCATED AT 538 NORTH PALM CANYON DRIVE, IN FRANCES STEVENS PARK, MERGED PROJECT AREA NO. 1. The City Council of the City of Palm Springs finds: A. The City owns the Palm Canyon Theatre located at 538 North Palm Canyon Drive in Palm Springs, California ("Theatre"). The Theatre is leased to a live theater group, the Palm Canyon Theatre, a California nonprofit corporation ('Tenant") under that Lease dated the 9t' day of July 1997, and amendments thereto ("Lease"), and the City approved a Palm Canyon Theatre Use Agreement with Palm Springs International Film Festival ("PSIFF") a California nonprofit corporation on June 6, 2007, giving PSIFF ' right and access to the Theatre during certain agreed-upon days. B. PSIFF proposes to contribute $70,000 toward the construction of certain improvements at the Theatre, which is approximately one-third the cost of the improvements, and to undertake and manage the construction of the improvements in a manner mutually beneficial to Tenant, PSIFF, and the City. C. The Agency proposes to reimburse the PSIFF a sum not to exceed $150,000 for the costs of constructing the improvements. D. The proposed use of the Theatre by PSIFF and PSIFS will benefit the City by, among other things, promoting tourism to the City of Palm Springs. E. The Members of the Agency have determined that the Improvements within the meaning of the Statute are of benefit to Merged Redevelopment Project No. 1. F. Section 33679 of the CRL states that before a redevelopment agency commits to use the portion of taxes to be allocated and paid to an agency pursuant to subdivision (b) of Section 33670 of the CRL (tax increment financing) for the purpose of paying all or part of the value of land for, and the cost of the installation and construction of, any publicly owned building, other than parking facilities, the legislative body shall hold a ' public hearing. A. All of the findings and determinations made herein were based upon careful consideration and analysis of all relevant evidence. Resolution No. 22039 Page 2 THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council of the City of Palm Springs determines, based on the recitals contained in this resolution and the findings and facts provided in this resolution, the agenda report, public testimony, and any other relevant and supporting evidence, and in full accordance with the provisions of the Statute, all of the following: (1) The buildings, facilities, structures or other improvements are of benefit to the project area or the immediate neighborhood in which the project is located, regardless of whether the improvement is within another project area, or in the case of a project area in which substantially all of the land is publicly owned that the improvement is of benefit to an adjacent project area of the Agency. (2) No other reasonable means of financing the buildings, facilities, structures, or other improvements, are available to the community. (3) The payment of funds for the acquisition of land or the costs of buildings, facilities, structures, or other improvements will assist in the elimination of one or more blighting conditions inside the project area or provide housing for low or moderate income persons, and is consistent with the implementation plan adopted pursuant to the California Health and Safety Code Section 33490. SECTION 2. The expenditure of funds by the Agency for a City owned property located at 538 North Palm Canyon Drive, in Frances Stevens Park is appropriate and necessary. ADOPTED THIS 19TH DAY OF SEPTEMBER, 2007. David H. Ready, �yger ATTEST: Ya/ es Thompson, City Clerk Resolution No. 11039 ' Page 3 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No. 22039 is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on the 19th day of September, 2007, by the following vote: AYES: Councilmember Foat, Councilmember McCulloch, Councilmember Mills, Mayor Pro Tern Pougnet, and Mayor Oden. NOES: None. ABSENT: None. ABSTAIN: None. i � es Thompson, City Clerk ty of Palm Springs, California 1