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ORD 485ORDINANCE NO. 485 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING AND ADOPTING AN AMENDMENT TO THE REDEVELOPMENT PLAN FOR LA QUINTA REDEVELOPMENT PROJECT AREA NO. 2 PROJECT AREA NO. 2 — FIFTH AMENDMENT WHEREAS, the City Council of the City of La Quinta ( "City" or "City Council ") approved and adopted the Redevelopment Plan for La Quinta Redevelopment Project Area No. 2 ( "Redevelopment Plan "), by Ordinance No. 139 on May 16, 1989, as amended by Ordinance No. 259 on December 20,1994 and Ordinance No. 399 on February 3, 2004, Ordinance No. 403 on March 16, 2004 and Ordinance No. 404 on March 16, 2004; and WHEREAS, the La Quinta Redevelopment Agency ( "Agency ") has initiated proceedings to adopt the Fifth Amendment to the Redevelopment Plan ( "Fifth Amendment ") to add approximately 12.42 acres ("Added Area ") to the Redevelopment Project Area No. 2 ( "Project Area "); and WHEREAS, the California Community Redevelopment Law ( "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 Report of the Agency prepared pursuant to Section 33352 and Section 33457.1 of the CRL ( "Report to City Council ") on the proposed Amended and Restated Plan for La Quinta Redevelopment Project Area No. 2 ("Amended and Restated Plan "), which includes a description and discussion of the proposed Fifth Amendment; and WHEREAS, the City Manager's Department - Development Services Division has determined that the Fifth Amendment is Categorically Exempt from further environmental review pursuant to the provisions of Section 15320 (Class 20) of the California Environmental Quality Act (CEQA); and WHEREAS, the Planning Commission of the City of La Quinta has submitted to the City Council its certification that the Fifth Amendment conforms to the La Quinta General Plan; and WHEREAS, a community meeting was held at the City Council Chambers in City Hall on January 10, 2011, to provide citizens an opportunity to provide input and ask questions of staff regarding the proposed Fifth Amendment; and Ordinance No. 485 5'" Amendment to Redevelopment Plan Redevelopment Project Area No. 2 Adopted: February 1, 2011 Page 2 WHEREAS, the City Council and the Agency held a joint public hearing on January 18, 2011, concerning the adoption of the Fifth Amendment; and WHEREAS, notice of said 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 joint public hearing were mailed by first - class mail to the last known assessee of each parcel of land in the Project Area and Added Area, at his or her last known address as shown on the last equalized assessment roll of the County of Riverside and were mailed to all property owners, residents, and business in the Project Area at least thirty (30) days prior to the joint public hearing; and WHEREAS, copies of the notice of joint public hearing were mailed by certified mail with a return receipt requested to the governing body of each taxing agency which receives taxes from property in the Project Area; and WHEREAS, the Agency has adopted on November 2, 2010 its Resolution No. RA 2010 -010 approving and adopting the Report to the Council on the Fifth Amendment to the Redevelopment Plan and submitting the Report to City Council to the City Council; and WHEREAS, Section 33457.1 of the CRL, provides that to the extent warranted by the Fifth 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 Fifth 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 Fifth Amendment. THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA DOES ORDAIN AS FOLLOWS: Section 1. The purpose and intent of the City Council with respect to the Project Area including, without limitation, the Added Area annexed by the Fifth Amendment, include but are not limited to accomplishment of the following: a. To remedy, remove, and prevent physical blight and economic obsolescence through implementation of the Redevelopment Plan. Ordinance No. 485 5" Amendment to Redevelopment Plan Redevelopment Project Area No. 2 Adopted: February 1, 2011 Page 3 b. Improve and /or provide electric, gas, telephone, water, and wastewater facilities to both developed and subdivided undeveloped properties within the Project Area. Address inadequate street improvements and roads that vary in width and degree of improvement as they cross the Project Area. Alleviate inadequate drainage improvements that constrain the development of various parcels in the Project Area, the cost of which cannot be borne by private enterprise acting alone. c. Recycle and /or develop underutilized parcels to accommodate higher and better economic uses, improving the financial viability of the City. Address parcels of property that are inadequately sized for proper usefulness and development and which are held in divided and widely scattered ownerships. d. Promote the rehabilitation of existing housing stock. Increase, improve, and preserve the supply of housing affordable to very low -, low- and moderate - income households. Section 2. The City Council hereby finds and determines that: a. The finding that the Added Area is noncontiguous to the Project Area and is necessary for effective redevelopment. This finding is based upon the following conditions which are more fully set forth in the Report to City Council: i. The Added Area will be used for the construction and rehabilitation of low- and moderate - income housing; ii. The Added Area is not included as a part of the Project Area for the purpose of obtaining tax increment; and iii. The Agency will not use the power of eminent domain in the Added Area. b. The Fifth Amendment will allow continued redevelopment to occur within the Project Area in conformity with the CRL and in the interests of the public health, safety, and welfare. This finding is based in part, as set forth in the record including but not limited to the Report to City Council, upon the fact that the Fifth Amendment will enable the Agency to preserve and enhance existing affordable housing, to develop new affordable housing, and aid the Agency in meeting its affordable housing obligations under the CRL. c. The adopting and carrying out of the Fifth Amendment is economically sound and feasible. This finding is based upon the fact that the Agency will be authorized to seek out and utilize a variety of potential financing resources, including but not limited to property tax increment; that the nature and timing of public redevelopment assistance will depend upon the amount and Ordinance No. 485 5r' Amendment to Redevelopment Plan Redevelopment Project Area No. 2 Adopted: February 1, 2011 Page 4 availability of such financing resources, including tax increment generated by new investment in the Project Area; and that under the Fifth Amendment as proposed, no new redevelopment activity will be undertaken within the Added Area unless the Agency can demonstrate that it has adequate revenue to finance the activity. d. The Fifth 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 upon the following facts: i. The land uses proposed in the Fifth Amendment conform to the land uses approved in the La Quinta General Plan; ii. The financing mechanisms proposed by the Fifth Amendment establish a mechanism for achieving the goals of the General Plan, many of which may not be implemented without redevelopment assistance; and iii. The findings of the Planning Commission that the Fifth Amendment conforms to the General Plan. e. The carrying out of the Fifth 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 forth in the record, including but not limited to the Report to City Council, on the fact that the Fifth Amendment will benefit the Project Area by continuing to provide the Agency the 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. f. The Agency's authority to initiate proceedings to acquire real property by the exercise of the power of eminent domain expired on or about May 16, 2001, and thus the Agency is not currently authorized to acquire real property with respect to the Project Area by the power of eminent domain and the Agency is not establishing eminent domain authority in the Added Area. g. The Agency has a feasible method and plan for relocation of families and persons who may be displaced, temporarily or permanently from housing facilities in the Added Area. The City Council, in Ordinance No. 139, found and determined that the Agency adopted a feasible method and place for the relocation of families and persons displaced from the Project Area, if the Redevelopment Plan should result in the temporary or permanent displacement of any occupants of housing facilities in the Project Area. The Ordinance No. 485 5'" Amendment to Redevelopment Plan Redevelopment Project Area No. 2 Adopted: February 1, 2011 Page 5 Fifth Amendment does not alter the Method of Relocation and will adhere to the Method of Relocation for the Project Area. h. There are, or are being provided, within the Project Area or within areas not generally less desirable with regard to public utilities and public and commercial facilities and at rents or prices within the financial means of the families or persons who may be displaced from the Added Area, decent, safe, and sanitary dwellings equal in number to the number of and available to such displaced families and persons and reasonably accessible to their places of employment. This finding is based upon the fact that no person or family will be required to move from any dwelling unit in the Added Area, until suitable replacement housing is available. 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 the CRL 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. The Added Area is noncontiguous to the Project Area and is necessary for effective redevelopment, as set forth in the record, including but not limited to the Report to Council, on the fact that the Added Area is not included for the purpose of obtaining the allocation of taxes and the power of eminent domain will not be exercised in the Added Area. The purpose of adding the Added Area to the Project Area is to preserve and expand the City's supply of affordable housing by substantially rehabilitating and developing affordable housing in the Added Area. k. Inclusion of any lands, buildings or improvements in the Added Area which are not detrimental to the public health, safety or welfare is necessary for the effective redevelopment of the whole area of which they are a part, and any such areas are not included for the purpose of obtaining the allocation of tax increment revenues from such areas without substantial justification for their inclusion. This finding is based upon the fact that the inclusion of the lands, buildings, or improvements within the Added Area is necessary in order to provide new and preserve existing affordable housing, including housing for low- and moderate - income persons. The Added Area is necessary for effective redevelopment, as set forth in the record, including but not limited to the Report to City Council. Thus, an explanation of why the elimination of blight in the Added Area cannot be accomplished by private enterprise acting alone or through other financing alternatives other than tax increment financing does not have to be provided. Ordinance No. 485 5i Amendment to Redevelopment Plan Redevelopment Project Area No. 2 Adopted: February 1, 2011 Page 6 m. Not less than eighty (80) percent of land in the Added Area has been or is developed for urban uses or is an integral part of one or more areas developed for urban uses that are surrounded or substantially surrounded by parcels that have been or are developed for urban uses, making the land in the Added Area predominantly urbanized. n. The limitation on the number of dollars to be allocated to the Agency in the Project Area, including, but not limited to the Added Area, are reasonably related to the proposed projects to be implemented in the Project Area and Added Area and /or benefiting the Project Area and Added Area under the CRL, and to the ability of the Agency to eliminate remaining, as set forth in the record, including but not limited to the Report to City Council. The Fifth 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. o. The time limits contained in the Fifth Amendment that pertain to the Added Area, are reasonably related to the accomplishment of the work of redevelopment. p. The implementation of the Redevelopment Plan will improve and /or alleviate the physical and economic conditions of blight in the Project Area, including but not limited to, improving, increasing, and preserving affordable housing opportunities. Section 3. The City Council is satisfied that permanent housing facilities will be available within three (3) years from the time occupants of the Added Area are displaced, if any, and that pending the development of such facilities, there will be available housing at rents comparable to any of those in the City of La Quinta at the time of their displacement. No persons or families of low- or moderate - income shall be displaced from residences unless and until there is a suitable housing unit available and ready for occupancy by such displaced persons or families at rents comparable to those available at the time of their displacement. Such housing units shall be suitable to the needs of such displaced persons or families and must be decent, safe, sanitary and otherwise standard dwellings. The Agency shall not displace any such persons or families until such housing units are available and ready for occupancy. Section 4. In order to implement and facilitate the effectuation of the Redevelopment Plan, as amended by the Fifth Amendment as hereby approved, the City Council hereby (a) restates its pledge of cooperation in helping to carry out the Redevelopment Plan, (b) restates its request that the various officials, departments, Ordinance No. 485 V Amendment to Redevelopment Plan Redevelopment Project Area No. 2 Adopted: February 1, 2011 Page 7 boards and agencies of the City having administrative responsibilities in the Project Area, including, without limitation, the Added Area, likewise cooperate to such end and exercise their respective functions and powers in a manner consistent with the redevelopment of the Project Area, including, without limitation, the Added Area, (c) reaffirms that it stands ready to consider and take appropriate action upon proposals and measures designed to effectuate the Redevelopment 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 Redevelopment Plan, as amended. Section 5. The Fifth Amendment is incorporated herein by this reference, and the Amended and Restated Plan, as amended by the Fifth Amendment, is hereby approved as, and declared to be, the official Redevelopment Plan for the Project Area. 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 of carrying out the Redevelopment Plan, as amended. Section 7. The City Clerk is hereby directed to record with the Riverside County Recorder a statement that the Fifth 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 thirty (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 Fifth Amendment, and the City Council hereby declares it would have passed the remainder of this Ordinance or approved the remainder of the Fifth Amendment if such invalid portion thereof had 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. Ordinance No. 485 5 Amendment to Redevelopment Plan Redevelopment Project Area No. 2 Adopted: February 1, 2011 Page 8 PASSED, APPROVED, AND ADOPTED at a regular meeting of the La Quinta City Council held this 1' day of February 2011, by the following vote, to wit: AYES: Council Members Evans, Franklin, Henderson, Sniff, Mayor Adolph NOES: None ABSENT: None rem DON ADO PH, Ma r City of La Quinta, California ATTEST: VER ONICA CINO, C Clerk City of La Quinta, California .(CITY SEAL) APPROVED AS TO FORM: M. KAT ERINE NS N, City Attorney City of La Quint Valifornia Ordinance No. 485 V Amendment to Redevelopment Plan Redevelopment Project Area No. 2 Adopted: February 1, 2011 Page 9 STATE OF CALIFORNIA ► COUNTY OF RIVERSIDE 1 ss. CITY OF LA QUINTA 1 I, VERONICA J. MONTECINO, 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. 485 which was introduced at a regular meeting on the 18" day of January 2011, and was adopted at a regular meeting held on the 1" day of February 2011, 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 City of Lp Quinta as specified in City Council Resolution No. 2006 -115. VERONICA�6 MONTECINO, CMC, City Clerk City of La Quinta, California DECLARATION OF POSTING I, VERONICA J. MONTECINO, City Clerk of the City of La Quinta, California, do hereby certify that the foregoing ordinance was posted on February 3 2011 pursuant to Council Resolution. VERONICA J ONTECINO, CMC, City Clerk City of La uinta, California