ORD 399
ORDINANCE NO. 399
I AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
!
, OF LA QUINT A, CALIFORNIA, APPROVING AND
ADOPTING AN AMENDMENT TO THE
REDEVELOPMENT PLAN . FOR LA GUINTA
REDEVELOPMENT PROJECT NO.2
WHEREAS, the City Council of the City. of La Quinta (the "City" or
"City Council" as appropriate) approved and adopted the Redevelopment Plan for La .
Quinta Redevelopment Project No.2 .on May 16, 1989 by Ordinance No. 139, as
amended by a technical amendment adopted on December 20, 1994, by Ordinance
No. 259, to conform the Plan to the requirements of State law, Assembly Bill
1290, Ch. 942 of Stats. 1993 (collectively, the "Plan"); and
WHEREAS, the Plan delineates the boundaries of the redevelopment
project for Project No.2 ("Project Area No.2"); and
WHEREAS, the La Quinta Redevelopment Agency (the "Agency") has
initiated proceedings to adopt a proposed amendment to the Plan; the purpose of
r-- which Amendment is to increase the number of tax increment dollars which may be
I allocated to the Agency under the Plan pursuant to Health & Safety Code Section
I 33679(b) (the "Amendment"); and
WHEREAS, the California Community Redevelopment Law (the "CRL")
(California Health and Safety Code Section 33000 et seq.) permits the adoption of
amendments to redevelopment plans; and
WHEREAS, the City Council has received from the Agency the
proposed Amendment, a copy of which is on file with the City Clerk, together with
the Report of the Agency prepared pursuant to Section 33352 and Section
33457.1 of the CRL (the "Report to City Council"), which includes a description
and discussion of the proposed Amendment; and
WHEREAS, the Agency has prepared a Negative Declaration for the
Amendment in compliance with the California Environmental Quality Act and the
City Council has approved such document; and
WHEREAS, the Planning Commission of the City of La Quinta has
submitted to the City Council its certification that the proposed Amendment
conforms to the La Quinta General Plan; and
,......--
Ordinance No. 399
Redevelopment Plan Amendment
Redevelopment Project No.2
Adopted: February 3. 2004
Page 2
WHEREAS, the City Council and the Agency held a joint public hearing
on January 20, 2004, concerning the adoption of .the proposed Amendment; and
WHEREAS, notice of the joint public hearing was duly and regularly
published as required by the CRL and a copy of said notice and affidavit of
publication are on file with the City Clerk of the City and Secretary of the Agency;
and
WHEREAS, copies of the notice of the joint public hearing were mailed
by first-class mail to all residents and businesses in Project Area No.2 at least
thirty (30) days prior to the joint public hearing; and
WHEREAS, Section 33457.1 of the CRL, provides that to the extent
warranted by the proposed Amendment, this Ordinance shall contain the findings
required by Section 33367 of the CRL; and
WHEREAS, the City Council has considered the Report to City Council
for the Amendment, and has provided an opportunity for all persons to be heard,
and has received and considered all evidence and testimony presented for or
against any and all aspects of the Amendment.
THE CITY COUNCIL OF THE CITY OF LA QUINT A, CALIFORNIA,
DOES ORDAIN AS FOLLOWS:
SECTION 1. The purpose and intent of the City Council with respect to
Amendment is to increase from $400,000,000 to $1,500,000,000 the total
number of tax increment dollars which may be allocated from Project Area No.2
under the Plan to the Agency pursuant to Health and Safety Code Section
33670(b), in order to allow the Agency to undertake and implement projects to
continue alleviating blight in the Project Area No.2 as set forth in the. Report to
City Council, including but not limited to new affordable housing opportunities so
the Agency may meet its affordable housing requirements under the CRL and the
Agency's adopted Second Amended Housing Affordability Compliance Plan.
SECTION 2. The City Council hereby finds and determines, based on the
evidence in the record, including, but not limited to, the Report to City Council, and
all documents referenced therein:
Ordinance No. 399
I Redevelopment Plan Amendment
Redevelopment Project No.2
Adopted: February 3. 2004
~. Page 3
a. The finding that the Project Area No.2 is a blighted area, the
redevelopment of which is necessary to effectuate the purposes of the
Community Redevelopment Law, was made in Ordinance No. 139
when the Plan was originally adopted. The City Council finds and
determines that (i) such finding and determination set forth in
Ordinance No. 2776 is final and conclusive, (ii) the Amendment does
not add territory to the Project Area No.2 or make any other revisions
to the Plan that affects this previously-made finding and determination,
(iii) such previously made finding and determination remains valid and
effective, (iv) no further finding or determination concerning the blight
finding set forth in Ordinance No. 139 is required for the Amendment,
and (v) as set fort in the record, including but not limited to the Report
to Council, significant blight remains in Project Area No.2 and such
blight cannot be eliminated without the establishment of additional
debt and the increase in the number of dollars to be allocated to the
Agency.
I b. The proposed Amendment will allow continued redevelopment to
~ occur within Project Area No.2 in conformity with the CRL and in the
interests of the public health, safety and welfare. This finding is based
in part, as set fort in the record including but not limited to the Report
to Council, upon the fact that t~e Amendment will enable the Agency
to fund additional projects to address blighting conditions that remain
including but not limited to project to improve, increase, and preserve
affor:dable housing opportunities to enable the Agency to meet its
affordable housing obligations under the CRL and the Agency's
adopted Second Amended Affordability Housing Compliance Plan.
c. The finding that the carrying out of the Plan is economically sound and'
feasible was made in Ordinanèe No. 139 when the Plan was originally
adopted and the City Council finds and determines that (i) such finding
and determination set forth in. Ordinance No. 139 is final and
conclusive, (ii) the Amendment does not add territory to the Project
Area No.2 or make any other revisions to the Plan that affects this
previously-made finding and determination, and (iii) such previously
made finding and determination remains valid and effective. The Plan
- as amended by the Amendment is economically sound and feasible in
that, as set fort in the record, including but not limited to the Report to
Council, increasing the number of dollars to be allocated to the Agency
under the Plan pursuant to Health and Safety Code Section 33670(b)
Ordinance No. 399
Redevelopment Plan Amendment
Redevelopment Project No.2
Adopted: February 3. 2004
Page 4
will enable the Agency to undertake and implement projects to address
the remaining blight in Project Area No.2 including but not limited to
improving, increasing, and preserving affordable housing opportunities
to enable the Agency to meet its affordable housing obligations under
the CRL and the Agency's adopted Second Amended Affordability
Housing Compliance Plan.
d. The Amendment conforms to the La Quinta General Plan including, but
not limited to, the Housing Element thereof, which substantially
complies with the requirements of Article 10.6 (commencing with
Section 65580) of Chapter 3 of Division 1 of Title 7 of the
Government Code. This finding is based in part on the finding of the
Planning Commission of the City La Quinta that the Amendment
conforms to the La Quinta General Plan.
e. The carrying out of the Plan as amended by the Amendment, will
promote the public peace, health, safety, and welfare of the City of La
Quinta and will effectuate the purposes and policies of the CRL. This
finding is based in part, as set fort in the record, including but not
limited to the Report to Council, on the fact that the Amendment will
benefit Project Area No.2 by continuing to provide the Agency with
the necessary financial resources to correct conditions of blight
including but not limited to improving, increasing, and preserving
affordable housing opportunities to enable the Agency to meet its
affordable housing obligations under the CRL and the Agency's
adopted Second Amended Affordability Housing Compliance Plan.
f. The City Council, in Ordinance No. 139, found and determined that
the condemnation of real property, to the extent provided for in the
Plan, is necessary to the execution of the Plan, and adequate
provisions have been made for payment for property to be acquired as
provided by law. The City Council finds and determines that (i) such
finding and determination set forth in Ordinance No. 139 is final and
conclusive, (ii) the Amendment does not add territory to the Project
Area No.2, alter or amend any provision concerning the condemnation
of real property, or make any other revisions to the Plan that affects
this previously-made finding and determination, (iii) such previously
made finding and determination remains valid and effective, and (iv) no
further finding or determination concerning the foregoing required for
the Amendment.
-
Ordinance No. 399
~ Redevelopment Plan Amendment
Redevelopment Project No.2
Adopted: February 3. 2004
Page 5
g. The City Council, in Ordinance No. 139, found and determined that
the Agency adopted a feasible method and plan for the relocation of
families and persons displaced from Project Area No.2, if the Plan
should result in the temporary or permanent displacement of any
occupants of housing facilities in Project Area No.2. The City Council
finds and determines that (i) such finding and determination set forth
in Ordinance No. 139 is final and conclusive; (ii) the Amendment does
not add territory to Project Area No.2 or make any other revisions to
the Plan that affect this previously-made finding and determination, (iii)
such previously-made finding and determination remains valid and
effective, and (iv) no further finding or determination concerning the
foregoing is required for the Amendment.
h. The City Council, in Ordinance No. 139, found and determined that
there are or are being provided in Project Area No.2, or in other areas
not generally less desirable in regard to public utilities and public and
commercial facilities, and at rents or prices within the financial means
r-- of the families and persons displaced from Project Area No.2, if any,
decent, safe, and sanitary dwellings equal in number to the number of
and available to the displaced families and persons and reasonably
accessible to their places of employment. The City Council finds and
determines that (i) 'such finding and determination set forth in
Ordinance No. 139 is final and conclusive; (ii) the Amendment does
not add territory to Project Area No.2 or make any other revisions to
the Plan that affect this previously-made finding and determination, (iii)
such previously-made finding and determination remains valid and
effective, and (iv) no further finding or determination concerning the
foregoing is required for the Amendment.
i. The City Council, in Ordinance No. 139, found and determined that
families and persons shall not be displaced prior to the adoption of a
relocation plan pursuant to California Health and Safety Code Sections
33411 and 33411.1, and dwelling units housing persons and families
of low or moderate income, if any, shall not be removed or destroyed
prior to the adoption of a replacement housing plan as statutorily
required pursuant to California Health and Safety Code Sections
33334.5, 33413, and 33413.5, to the extent required thereunder.
- The City Council finds and determines that (i) such finding and
determination set forth in Ordinance No. 139 is final and conclusive;
(ii) the Amendment does not add territory to Project Area No,. 2 or
Ordinance No. 399
Redevelopment Plan Amendment
Redevelopment Project No.2
Adopted: February 3. 2004
Page 6
make any other revisions to the Plan that affect this previously-made
finding and determination, (iii) such previously-made finding and
determination remains valid and effective, and (iv) no further finding or
determination concerning the foregoing is required for the Amendment.
j. The finding that all noncontiguous areas of Project Area No,. 2 are
either blighted or necessary for effective redevelopment and are not
included for the purpose of obtaining the allocation of taxes from
Project Area No. 2 pursuant to Health and Safety Code Section
33670, was not made in Ordinance No. 139 as there are no non-
contiguous areas of Project Area No.2. The City Council finds and
determines that (i) the Amendment does not add territory to Project
Area No.2 or make any other revisions to the Plan that affect the
boundaries of Project Area No. 2 and thus no further finding or
determination concerning the foregoing is required for the Amendment.
ok. The City Council, in Ordinance No. 139, found and determined that
the inclusion of any lands, buildings, or improvements which are not
detrimental to the public health, safety, or welfare is necessary for
effective redevelopment of Project Area No.2 and that any area
included is necessary for effective redevelopment and is not included
for the purpose of obtaining the allocation of tax increment revenues
from Project Area No.2 pursuant to Health and Safety Code Section
33670 without other substantial justification for its inclusion. The
City Council finds and determines that (i) such finding and
determination set forth in Ordinance No. 139 is final and conclusive;
(ii) the Amendment does not add territory to Project Area No.2 or
make any other revisions to the Plan that affect this previously-made
finding and determination, (iii) such previously-made finding and
determination remains valid and effective, and (iv) no further finding or
determination concerning the foregoing is required for the Amendment.
I. The City Council, in Ordinance- No. 139, found and determined that
the elimination of blight and the redevelopment of Project Area No.2
could not be reasonably expected to be accomplished by private
enterprise acting alone without the aid and assistance of the Agency.
The City Council finds and determines that (i) such finding and
determination set forth in Ordinance No. 139 is final and conclusive;
(ii) the Amendment does not add territory to Project Area No,. 2 or
make any other revisions to the Plan that affect this previously-made
finding and determination, (iii) such previously-made finding and
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Ordinance No. 399
.-- Redevelopment Plan Amendment
I Redevelopment Project No.2
I Adopted: February 3. 2004
. Page 7
determination remains valid and effective, and (iv) no further finding or
determination concerning the foregoing is required for the Amendment.
The City Council further finds and determines that, as set fort in the
record, including but not limited to the Report to Council, the
elimination of the remaining blight in Project Area No.2 including but
not limited to improving, increasing, and preserving affordable housing
opportunities to enable the Agency to meet its affordable housing
obligations under the CRL and the Agency's adopted Second Amended
Affordability Housing Compliance Plan, could not be reasonably.
expected to be accomplished by private enterprise acting alone
without the aid and assistance of the Agency, and that the increase in
the number of dollars to be allocated to' the Agency under the Plan
pursuant to Health and Safety Code Section 33670(b) is necessary to
enable the Agency to provide such aid and assistance.
m. The City Council, in Ordinance No. 139, found and determined that
the Project Area No.2 was predominantly urbanized as defined by the
r-- CRL. The City Council finds and determines that (i) such finding and
: determination set forth in Ordinance No. 139 is final and conclusive;
I
(ii) the Amendment does not add territory to Project Area No.2 or
make any other revisions to the Plan that affect this previously-made
finding and determination or require a re-determination as to the
urbanization of Project Area No.2, (iii) such previously-made finding
and determination remains valid and effective, and (iv) no further
finding or determination concerning the foregoing is required for the
Amendment.
n. The limitation on the number of dollars to be allocated to the Agency
under the Amendment are reasonably related to the proposed projects
to be implemented in Project Area No.2 and/or benefiting Project Area
No,. 2 under the CRL, and to the ability of the Agency to eliminate
remaining blight within Project Area No.2, in that, as set fort in the
record, including but not limited to the Report to Council, the
Amendment is necessary to implement projects to continue efforts to
alleviate blighting conditions, including but not limited to, improving,
increasing, and preserving affordable housing opportunities to enable
the Agency to meet its affordable housing obligations under the CRL
and the Agency's adopted Second Amended Affordability Housing
.-- Compliance Plan.
Ordinance No. 399
Redevelopment Plan Amendment
Redevelopment Project No.2
Adopted: February 3. 2004
Page 8
o. The time limitations set forth in the Plan conform to the requirements
of the CRL pursuant to Ordinance No. 259 adopted on December 20,
1994. The Amendment does not amend or affect any time limitation
set forth in the Plan.
SECTION 3. The City Council, in Ordinance No. 139, declared that it was
satisfied that permanent housing facilities will be available within three (3) years
from the time residential occupants of Project Area No.2 are displaced, if any, and
that pending the development of the facilities there will be available to the
displaced housing occupants, if any, adequate temporary dwelling facilities at rents
comparable to those in the City at the time of their displacement. The City Council
finds and determines that (i) such finding and determination set forth in Ordinance
No. 139 is final and conclusive; (ii) the Amendment does not add territory to
Project Area No.2 or make any other revisions to the Plan that affect this
previously-made finding and determination, (iii) such previously made finding and
determination remains valid and effective, and (iv) no further finding or
determination concerning the foregoing is required for the Amendment.
SECTION 4. In order to implement and facilitate the effectuation of the Plan,
as amended by the Amendment as hereby approved, the City Council hereby (a)
restates its pledge of cooperation in helping to carry out the Plan, (b) restates its
request that the various officials, departments, boards and agencies of the City
having administrative responsibilities in Project Area No.2 likewise cooperate to
such end and exercise their respective functions and powers in a manner consistent
with the redevelopment of Project Area No.2, (c) reaffirms that it stands ready to
consider and take appropriate action upon proposals and measures designed to
effectuate the Plan, and (d) re-declares its intention to undertake and complete any
proceeding necessary to be carried out by the City under the provisions of the Plan,
as amended.
SECTION 5. The Amendment is incorporated herein by this reference, and
the Plan, as amended by the Amendment, is hereby approved as, and declared to
be, the official Redevelopment Plan for the La Quinta Redevelopment Project No.2.
SECTION 6. The City Clerk is hereby directed to send a certified copy of this
Ordinance to the Agency, whereupon the Agency is vested with the responsibility
for carrying out the Plan, as amended.
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,
Ordinance No. 399
r Redevelopment Plan Amendment
Redevelopment Project No.2
I Adopted: February 3. 2004
.. Page 9
SECTION 7. The City Clerk is hereby directed to record with the Riverside
County Recorder a statement that the Amendment has been approved in conformity
with the CRL.
SECTION 8. The City Clerk is hereby directed to transmit a copy of the
statement to be recorded pursuant to Section 7 of this Ordinance to such other
parties as may be directed by the Agency.
SECTION 9. This Ordinance shall be in full force and effect thi~y (30) days
from and after the date of final passage.
SECTION 10. If any part of this Ordinance, or Amendment which it
approves, is held to be invalid for any reason, such decision shall not affect the
validity of the remaining portion of this Ordinance or of this Amendment, and the
City Council hereby declares it would have passed the remainder of this Ordinance
or approved the remainder of the Amendment if such invalid portion thereof had
I been deleted.
!
, SECTION 11. The City Clerk shall certify to the passage of this Ordinance
and shall cause the same to be published as required by law.
PASSED, APPROVED and ADOPTED at a regular meeting of the La
Guinta City Council held this 3rd day of February, 2004, by the following vote:
AYES: Council Members Henderson, Osborne, Perkins, Sniff, Mayor Adolph
NOES: None
ABSENT: None
ABSTAIN: None
.--
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Ordinance No. 399
Redevelopment Plan Amendment
Redevelopment Project No.2
Adopted: February 3. 2004
Page 10
ATTEST:
~~A.~
JU . GREEK, CMC, C'I.Y Clerk
City of La Quinta, California
(CITY SEAL)
APPROVED AS TO FORM:
IJJ.
M. KATHER~~òmeY ,-
-, '.' '-.
City of La Quinta, California
----,
Ordln8nce No. 399
I Redevelopment PI8n Amendment
Redevelopment Project No.2
Adopted: Febru8ry 3. 2004
t Page"
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) ss.
CITY OF LA QUINT A )
I, JUNE S. GREEK, City Clerk of the City of La Quinta, California, do hereby certify
the foregoing to be a full, true and correct copy of Ordinance No. 399 which was
introduced at a regular meeting held on the 20th day of January, 2004, and' was
adopted at a regular meeting held on the 3rd day of February, 2004, not being less
than 5 days after the date of introduction thereof.
I further certify that the foregoing Ordinance was posted in three places within the
r City of La Quinta as specified in a Resolution of the City Council.
I
l
~..., J?i~..V
J . GREEK, CMC, Clerk.
City of La Quinta, California
I
I