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HomeMy WebLinkAbout22123 - RESOLUTIONS - 1/9/2008 RESOLUTION NO. 22123 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, MAKING THE FINDINGS PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445 RELATING TO PAYMENT OF ALL OR PART OF THE CONSTRUCTION COSTS OF THE PALM SPRINGS ANIMAL SHELTER, BENEFITING MERGED REDEVELOPMENT PROJECT AREA NOS. 1 AND 2. City Attorney Summary This resolution establishes findings regarding the need to fund all or portion of the construction of a Palm Springs Animal Shelter to benefit Merged Project Area Nos. 1 and 2, satisfying Health and Safety Code Section 33445. 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 Project 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. Based on a significant increase in property tax increment since its prior tax allocation bond refunding in 2004, the Agency issued tax allocation bonds (the 'Bonds") in September 2007. C. The Agency wishes to fund all or part of the construction of a Palm Springs Animal Shelter within the corporate limits of the City of Palm Springs, In the amount of $5,000,000 from a portion of the proceeds of the Bonds. D. Future development of the Animal Shelter would include publicly-owned buildings, facilities, structures, or other improvements within the meaning of Health & Safety Code Section 33445 (the "Statute"), and will assist in eliminating blighting conditions caused by the deteriorated condition of the current Animal Shelter, located in Merged Redevelopment Project Area #1, and improve animal control within the neighborhoods and communities of the City. E. Section 33679 of the California Redevelopment Law, California Health and Safety Code Section 33000 et. seq. (the "CRL") states: "[b]efore 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 Resolution No. 22123 Page 2 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." F. The allocation of proceeds of the Bonds to the construction of the Animal Shelter is consistent with the Agency's Implementation Plan. G. 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. ADOPTED THIS 9th day of January, 2008. David H. Ready, Ci Hager ATTEST: ames Thompson, City Clerk Resolution No. 22123 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. 22123 is a full, true and correct copy, and was adopted at an adjourned meeting of the Palm Springs City Council on the 9th day of January, 2008, by the following vote: AYES: Councilmember Hutcheson, Councilmember Mills, Councilmember Weigel, Mayor Pro Tern Foat, and Mayor Pougnet. NOES: None. ABSENT: None. ABSTAIN: None. mes Thompson, City Clerk City of Palm Springs, California 011 f 6l Zboe