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HomeMy WebLinkAbout22576 - RESOLUTIONS - 7/22/2009 RESOLUTION NO. 22576 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, MAKING FINDINGS PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445 RELATING TO THE PURCHASE OF REAL PROPERTY ADJACENT TO MERGED REDEVELOPMENT PROJECT NO, 1, BENEFITING MERGED REDEVELOPMENT PROJECT AREA NO.1. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, FINDS: A. The City Council of the City of Palm Springs adopted the Amended and Restated Redevelopment Plans for Merged Redevelopment Project No. 1 and Merged Redevelopment Projecl No. 2 (collectively, the "Project Areas") on February 19, 2003 by Ordinance Nos. 1623 and 1624 and amended said Redevelopment Plans on May 5, 2004 by Ordinance Nos. 1649-1652. B. On July 23, 2003, the City of Palm Springs ("City") entered an Agreement Relating to Real Property, Right of First Refusal, under which the YMCA purchased the facility from the Palm Springs Youth Center- C. The Agency wishes to acquire the real properly interest in certain real property (the "Property") near Merged Project Area No. 1 described above, generally being the Properly located at 3601 East Mesquite Avenue, Palm Springs (the Family YMCA of the Desert). D. On February 6, 2008, the Agency acquired real property interests from the City including Sunrise Plaza (the Mizell Senior Center leasehold, Boys & Girls Club leasehold, Palm Springs Library, Palm Springs Stadium, Leisure Center, Swim Center, and Skate Park). E. The Property is adjacent to the City's Demuth Park and the Tahquitz Creek Golf Resort, and the acquisition will ensure future development of the Property will be compatible with the needs of the Park and Golf Resort, as well as complement the Agency's acquisition of the other recreational amenities in the City. Future development on the Property may include privately or publicly-awned buildings, facilities, structures, or other improvements within the meaning of Health & Safety Code Section 33445 (the "Statute"). F. Section 33679 of the California Redevelopment Law, California Health and Safety Code Section 33000 et. seq. (the "CRL") states: "[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 [tax increment financing] for the purpose of paying all or part of the value of the 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." Resolution No. 22576 Page 2 G. The allocation of tax increment to the acquisition of the Leasehold property is consistent with the Agency's Implementation Plan. H. All of the findings and determinations made herein were based upon careful consideration and analysis of all relevant evidence. THE CITY OF PALM SPRINGS, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. 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 Areas 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 Areas or provide housing for low- or moderate-income persons, and is consistent with the implementation plan adopted pursuant to California Health and Safety Code Section 33490. SECTION 2. The City Manager, or his designee, is hereby authorized to execute all documents related to the purchase and sale, promissory note, and real property lease on behalf of the City, in a form acceptable to the City Attorney. The purchase price may not exceed $403,293.00. PASSED, APPROVED, AND ADOPTED THIS 22ND DAY OF JUL.Y, 2009. David H. Ready, Ci er ATTEST: ames Thompson, City Clerk G Resolution No- 22576 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, do hereby certify that Resolution No. 22576 is a full, true and correct copy, and was adopted at a regular meeting of the Palm Springs City Council on the 22"a day of July, 2009, by the following vote: AYES: Councilmember Foat, Councilmember Hutcheson, Councilmember Weigel, Mayor Pro Tem Mills, and Mayor Pougnet. NOES: None. ABSENT: None. ABSTAIN: None. mes Thompson, City Clerk City Of Palm Springs, Californi������Z��