HomeMy WebLinkAbout22990 RESOLUTION NO. 22990
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, MAKING FINDINGS
PURSUANT TO SECTION 33445 AND SECTION 33445.1
OF THE CALIFORNIA HEALTH & SAFETY CODE
RELATING TO THE FINANCING OF CERTAIN REAL
PROPERTY IMPROVEMENTS BY THE COMMUNITY
REDEVELOPMENT AGENCY AND ACQUISITION OF
REAL PROPERTY BY THE CITY OF PALM SPRINGS TO
EFFECTUATE THE REDEVELOPMENT PLAN IN THE
MERGED PROJECT AREA NO. 1. A6124.
WHEREAS, the Central Business District Redevelopment Project was
established on July 11, 1973, by Ordinance No. 959 and amended by Ordinance No.
1276 on November 11, 1986, Ordinance No. 1497 on December 21, 1994, Ordinance
1576 on December 15, 1999; Ordinance Nos. 1649 and 1651 adopted May 4, 2004;
and Ordinance No. 1760 adopted May 27, 2009; and
WHEREAS, the South Palm Canyon Redevelopment Project was established on
November 30, 1983, by Ordinance No. 1203 and amended by Ordinance No. 1494 on
December 21, 1994, Ordinance 1576 on December 15, 1999; Ordinance Nos. 1649
and 1651 adopted May 4, 2004; and Ordinance No. 1760 adopted May 27, 2009; and
WHEREAS, the Ramon-Bogie Project was established on November 30, 1983,
by Ordinance No. 1202 and amended by Ordinance No. 1490 on December 21,1994,
Ordinance 1576 on December 15, 1999; Ordinance Nos. 1649 and 1651 adopted May
4, 2004; and Ordinance No. 1760 adopted May 27, 2009; and
WHEREAS, the Oasis Redevelopment Project was established on July 10,1994,
by Ordinance No. 1224 and amended by Ordinance No. 1495 on December 21, 1994,
Ordinance 1576 on December 15,1999; and Ordinance Nos. 1649 and 1651 adopted
May 4, 2004; and
WHEREAS, the North Palm Canyon Redevelopment Project was established on
September 19,1984, by Ordinance No.1227 and amended by Ordinance No. 1498 on
December 21,1994, Ordinance 1576 on December 15,1999; and Ordinance Nos. 1649
and 1651 adopted May 4, 2004; and
WHEREAS, the Highland-Gateway Redevelopment Project was established on
November 20, 1984, by Ordinance No. 1231 and amended by Ordinance No. 1491 on
December 21, 1994, Ordinance 1576 on December 15,1999; and Ordinance Nos. 1649
and 1651 adopted May 4, 2004; and
Resolution No. 22990
Page 2
WHEREAS, Project Area No. 9 was established on December 29, 1988, by
Ordinance No. 1321 and amended by Ordinance No. 1496 on December 21, 1994 and
Ordinance Nos. 1649 and 1651 adopted May 4, 2004; and
WHEREAS, the Central Business District Redevelopment Project, the South
Palm Canyon Redevelopment Project, the Ramon-Bogie Redevelopment Project, the
Oasis Redevelopment Project, the North Palm Canyon Redevelopment Project, and the
Highland-Gateway Redevelopment Project were merged on May 31, 2000, by
Ordinance No. 1584 to become Merged Project Area No. 1; and
WHEREAS, the Redevelopment Plan for the Merged Project Area states that the
Agency is authorized to install and construct, or to cause to be installed and
constructed, within or without the Project Area, for itself or for any public body or entity,
for the benefit of the Project Area, public improvements and public utilities, including,
but not limited to, street and alley improvements and bridges (§324); and
WHEREAS, California Health & Safety Code Section 33445 states that: "(a)
Notwithstanding Section 33440, an agency may, with the consent of the legislative
body, pay all or a part of the value of the land for and the cost of the installation and
construction of any building, facility, structure, or other improvement that is publicly
owned and is located inside or contiguous to the project area, if the legislative body
determines all of the following:
(1) That the acquisition of land or the installation or construction of the buildings,
facilities, structures, or other improvements that are publicly owned are of benefit to the
project area by helping to eliminate blight within the project area or providing housing for
low- or moderate-income persons.
(2) That no other reasonable means of financing the acquisition of the land or
installation or construction of the buildings, facilities, structures, or other improvements
that are publicly owned, are available to the community.
(3) That the payment of funds for the acquisition of land or the cost of buildings,
facilities, structures, or other improvements that are publicly owned is consistent with
the implementation plan adopted pursuant to Section 33490.
The Redevelopment Plan for the Merged Project Area states that the Agency is
authorized to install and construct, or to cause to be installed and constructed, within or
without the Project Area, for itself or for any public body or entity, for the benefit of the
Project Area, public improvements and public utilities; and
WHEREAS the Community Redevelopment Agency and City Council have
approved, by resolution, a Real Property Cooperation Agreement Between the City of
Palm Springs and the Community Redevelopment Agency for Payment of Costs
Associated with Certain Community Redevelopment Agency-Funded Capital
Improvement and Affordable Housing Projects to provide funding for certain real
Resolution No. 22990
Page 3
property improvements and property acquisition in the Project Area on North Indian
Canyon Drive, Alejo Road, North Palm Canyon Drive, and Alejo Road, as furthering the
purposes of the Redevelopment and allowed under the Redevelopment Plan; and
WHEREAS, California Health & Safety Code Section 33445.1 states that: "(a)
Notwithstanding Section 33440, an agency may, with the consent of the legislative
body, pay all or a part of the value of the land for and the cost of the installation and
construction of any building, facility, structure, or other improvement that is publicly
owned and is located outside and not contiguous to the project area, but is located
within the community, if the legislative body finds, based on substantial evidence in the
record, all of the following:
(1) The acquisition of the land or the installation or construction of the buildings,
facilities, structures, or other improvements that are publicly owned are of primary
benefit to the project area.
(2) The acquisition of the land or the installation or construction of the buildings,
facilities, structures, or other improvements that are publicly owned benefits the project
area by helping to eliminate blight within the project area, or will directly assist in the
provision of housing for low- or moderate-income persons.
(3) No other reasonable means of financing the acquisition of the land or the
installation or construction of the buildings, facilities, structures, or other improvements
that are publicly owned, are available to the community, including, but not limited to,
general obligation bonds, revenue bonds, special assessment bonds, or bonds issued
pursuant to the Mello-Roos Community Facilities Act of 1982 (Chapter 2.5 (commencing
with Section 53311) of Part 1 of Division 2 of Title 5 of the Government Code). In
determining whether other means of financing are feasible, the legislative body may
take into account any relevant factors, including, but not limited to:
(A) Legal factors, such as the eligibility of the improvements for funding
under the governing statutes.
(B) Economic factors, such as prevailing interest rates and market
conditions.
(C) Political factors, such as the priority of commitments of other public
funding sources, the ability or willingness of property owners or taxpayers to bear the
cost of any special assessments, taxes, or other charges, and the likelihood of obtaining
voter approval, if required.
WHEREAS, the acquisition of the 3.63 acre property at Indian and San Rafael
acquired by the Agency using Low/Mod Housing funds in September, 2001, which
requires under California Redevelopment Law Section 33334.16, (limiting the time an
Resolution No. 22990
Page 4
agency may hold land acquired with Low-Mod Setaside Funds to no more than five (5)
years plus one five-year extension); the Agency dispose of or caused the development
of a low or moderate income project by September 2011.
WHEREAS, in the event that physical development of the property for this
purpose has not begun by the end of the extended period, the property shall be sold
and the proceeds deposited in the Agency's Low and Moderate Income Housing Fund
and given the time necessary to either dispose of the property outright (through a
purchase and sale agreement) or through a disposition and development agreement,
this action would be to convey the property to the City with a note to the Low- and
Moderate-Income Housing Fund for the balance of the price, with the ultimate sale or
agreement with a developer undertaken by the City. Because of the Low-Mod nature of
the projects proposed on this site, the Council finds this action to be consistent with
Section 33334.16 and 33445.1 of California Redevelopment Law.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The Public Improvements and acquisition of real property proposed
for the Plaza Theatre, Cork n Bottle, Case del Camino property, Catholic Church
Parking Lot, Frances Stevens Park, the Downtown Parking Garage, the Village Green,
and the Visitor Center are consistent with Section 33445 of California Redevelopment
Law.
SECTION 2. The acquisition of real property by the City of Palm Springs at the
southeast corner of San Rafael Road and Indian Canyon Drive is consistent with
Sections 33334.16 and 33445.1 of California Redevelopment Law.
ADOPTED THIS 6th day of July, 2011.
David H. Ready, Ci ager
ATTEST:
mes Thompson, City Clerk
Resolution No. 22990
Page 5
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. 22990 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 July 6, 2011, by the following
vote:
AYES: Councilmember Foat, Councilmember Hutcheson, Councilmember Mills,
and Mayor Pro Tern Weigel
NOES: None.
ABSENT: Mayor Pougnet.
ABSTAIN: None.
mes Thompson, City Clerk
City of Palm Springs, California o��oa f allf