CC Resolution 2011-070RESOLUTION NO. 2011 - 070
A RESOLUTION OF THE LA QUINTA CITY COUNCIL OF
THE CITY OF LA QUINTA CALIFORNIA AFFIRMING THE
INTENTION OF THE CITY COUNCIL THAT CERTAIN
PROPERTIES ACQUIRED BY THE LA QUINTA
REDEVELOPMENT AGENCY WITH LOW AND MODERATE
INCOME HOUSING FUNDS BE USED FOR THE
DEVELOPMENT OF LOW AND MODERATE INCOME
HOUSING
WHEREAS, the La Quinta Redevelopment Agency ( "Agency ") is a public
body, corporate and politic, organized and existing under the California Community
Redevelopment Law (Health & Safety Code § 33000 et seq. (" CRL"); and
WHEREAS, the City of La Quinta is a municipal corporation and charter city
under the Constitution of the State of California ( "City "); and
WHEREAS, the City Council is the "legislative body," as that term is defined
in the CRL, for the jurisdiction in which the Agency operates; and
WHEREAS, under CRL, at Health and Safety Code Section 33334.2 et seq.,
a certain portion of tax increment funds received by the Agency under Health and
Safety Code Section 33670 must be set -aside in a Low and Moderate Income
Housing Fund to be used by the Agency to improve, increase, and preserve the
community's supply of low- and moderate - income housing, as defined in the CRL
( "Low and Moderate Income Housing Funds "); and
WHEREAS, in furtherance of this purpose, the Agency has acquired various
properties with the Low and Moderate Income Housing Funds in order to improve,
increase, and preserve the City's supply of low and moderate income housing,
including those listed below; and
WHEREAS, on June 8, 2006, the Agency acquired that certain real property
known as Assessor Parcel 600 - 030 -004, which is located at Dune Palms Road and
Westward Ho Drive; ( "Property #1 "); and
WHEREAS, on June 13, 2006, the Agency acquired that certain real property
known as Assessor Parcel No. 600 - 030 -009, which is located at Dune Palm Road
and Westward Ho Drive; ( "Property #2 "); and
WHEREAS, on January 17, 2007, the Agency acquired that certain real
property known as Assessor Parcel No. 600 - 030 -003, which is located at Dune
Palm Road and Westward Ho Drive; ( "Property #3 "); and
Resolution 2011 -070
5 Year Extension for Housing Properties
Adopted: August 2, 2011
Page 2
WHEREAS, on April 27, 2007, the Agency acquired that certain real property
known as Assessor Parcel No. 600 - 030 -008, which is located at Dune Palm Road
and Westward Ho Drive; ( "Property #4 "); and
WHEREAS, on June 12, 2009, the Agency acquired that certain real property
known as Assessor Parcel No. 600 - 030 -002, which is located at Dune Palm Road
and Westward Ho Drive; ( "Property #5 "); and
WHEREAS, on February 26, 2010, the Agency acquired that certain real
property known as Assessor Parcel No. 600 - 030 -005, which is located at Dune
Palm Road and Westward Ho Drive; ( "Property #6 "); and
WHEREAS, Properties #1 through #6 are contiguous sites which are intended
to be developed as a single, integrated housing development for low- and
moderate - income persons; and
WHEREAS, assembling Properties #1 through #6 was a difficult and time
consuming process because each of the properties was under separate ownership,
and several personal issues relating to the individual owners, such as divorces and
deaths in the families, caused delays in reaching agreements, in opening escrows,
in closing escrows, and in relocating the property owners; and
WHEREAS, the Agency has undertaken numerous steps toward developing
Properties #1 through #6 as affordable housing, including demolition of structures
and completing an Request for Qualifications process to identify potential
affordable housing developers; and
WHEREAS, on October 15, 2007, the Agency acquired that certain real
property known as Assessor Parcel No. 609 - 040 -028, which is located south of
Washington Street and Hidden River Road; ( "Property #7 "); and
WHEREAS, on November 30, 2007, the Agency acquired that certain real
property known as Assessor Parcel No. 773 - 077 -014, which is located at the
southeast corner of Avenida Mendoza and Avenida Montezuma; ( "Property #8 ");
and
WHEREAS, the Agency has undertaken, preliminary site studies and
conceptual site plans for Properties 7 and 8: and
WHEREAS, in recent years, the Agency has committed substantial portions
of its Low and Moderate Income Housing Funds to numerous other affordable
housing projects, including Watercolors, Vista Dunes Courtyard Homes, Wolff
Waters Place, Coral Mountain, Habitat for Humanity, and the Foreclosed Home
Purchase Program; and
Resolution 2011 -070
5 Year Extension for Housing Properties
Adopted: August 2, 2011
Page 3
WHEREAS, in order for the City to make the "Voluntary Alternative
Redevelopment Agency Program" payment on January 15, 2012, and May 15,
2012, the City anticipates needing 100% of the 2011 -2012 allocation for the Low
and Moderate Income Housing Funds; and
WHEREAS, in light of the expenditures referenced the above two recitals,
there is likely to be insufficient funding to complete the affordable housing
development on Properties # 1 through # 8 in the near term; and
WHEREAS, pursuant to the CRL, at Health and Safety Code Section
33334.16, for each interest in real property acquired using Low and Moderate
Income Housing Funds, the Agency, within five years from the date of acquisition,
is required to initiate activities, such as zone changes or the entering into
disposition and development agreements, consistent with the development of the
property for low- and moderate - income housing; and
WHEREAS, for Property #1 the five year period expires June 8, 2011; and
WHEREAS, for Property #2 the five year period expires June 13, 2011; and
WHEREAS, for Property #3 the five year period expires January 17, 2012;
and
WHEREAS, for Property #4 the five year period expires April 27, 2012; and
WHEREAS, for Property #5 the five year period expires June 12, 2014; and
WHEREAS, for Property #6 the five year period expires February 26, 2015;
and
WHEREAS, for Property #7 the five year period expires October 15, 2012;
and
WHEREAS, for Property #8 the five year period expires November 30, 2012;
and
WHEREAS, pursuant to Health and Safety Code Section 33334.16, the City
Council, as the legislative body as defined by the CRL, is authorized to extend the
foregoing described five year period for up to an additional five years upon the City
Council affirming its intention that the property be used for the development of
housing affordable to persons and families of low and moderate income;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City
of La Quinta, California, as follows:
Resolution 2011 -070
5 Year Extension for Housing Properties
Adopted: August 2, 2011
Page 4
SECTION 1. The above recitals are true and correct and are adopted as the findings
of the City Council.
SECTION 2. The City Council finds and determines that:
A. For properties #1 though #6, the Agency had difficulty assembling the
contiguous parcels, and currently, in spite of the issuance of an RFP to
develop the parcels, the Agency finds that due to current economic and
market factors, other housing priorities, and a recently- created lack of
funding due to the enactment of ABX1 26 and ABX1 27, development of
these properties for housing affordable to persons and families of low- and
moderate - income has not been able to be accomplished within the initial
period under Health and Safety Code Section 33334.16 and an extension is
warranted so that these sites are preserved for future affordable housing.
B. For properties #7 and #8, the Agency finds that due to current economic and
market factors, other housing priorities, and a recently- created lack of
funding due to the enactment of ABX1 26 and ABX1 27, development of
these properties for housing affordable to persons and families of low- and
moderate - income has not been able to be accomplished within the initial
period under Health and Safety Code Section 33334.16 and an extension is
warranted so that these sites are preserved for future affordable housing.
C. Pursuant to Health and Safety Code Section 33334.16, the City Council
affirms its intention that Properties #1 through #8 be used for the
development of housing affordable to persons and families of low and
moderate income.
D. The time period for the development of Properties #1 through #8 under
Health and Safety Code Section 33334.16 are hereby extended for a period
of five years as follows:
Property #1 extended to June 8, 2016
Property #2 extended to June 13, 2016
Property #3 extended to January 17, 2017
Property #4 extended to April 27, 2017
Property #5 extended to June 12, 2019
Property #6 extended to February 26, 2020
Property #7 extended to October 15, 2017
Property #8 extended to November 30, 2017
SECTION 3. The City Manager and authorized designees are hereby authorized and
directed to take such other and further actions, and sign such other and further
documents, as is necessary and proper in order to implement this Resolution on
behalf of the City.
Resolution 2011 -070
5 Year Extension for Housing Properties
Adopted: August 2, 2011
Page 5
PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta
City Council held on this 2n day of August 2011, by the following vote:
AYES: Council Members Evans, Franklin, Henderson, Sniff, Mayor Adolph
NOES: None
ABSENT: None
ABSTAIN: None
DON ADOLPH, MA R
City of La Quinta, California
ATTES .
VERONICA . MO TECINO, CMC, City Clerk
City of La Ouinta, California
(CITY SEAL) ,
APPROVED AS TA FORM:
WKATH JEN N, City Attorney
City of La Quinta, lifornia