CC Resolution 1994-044^ F RESOLUTION 9*44
A RESOLUTION OF ThE CITY COUNCIL OF ThE CITY OF LA
QUINTA, CALIFORNIA APPROVING AND AUTHORIZING ThE
EXECUTION OF THE DISPOSITION AND DEVELOPMENT
AGREEMENT BY AM) BETWEEN ThE LA QUINTA
REDEVELOPMENT AGENCY AND E.G. WILLIAMS
DEVELOPMENT CORPORATION AND MAKING CERTAIN
FINDINGS IN CONNE*ON ThEREWITh
WHEREAS, the La Quinta Redevelopment Agency the Agency") is engaged in
activities necessary to carry out and implement the Redevelopment Plan the Redevelopment
Plan") for La Quinta Redevelopment Project the Project"); and,
WHEREAS, in order to carry out and implement such Redevelopment Plan the
Agency proposes to enter into that certain Disposition and Development Agreement the
Agreement") with E. G. Williams Development Corporation, a California corporation the
Developer"), for the disposition and rehabilitation of certain property within the Project Area
the Site"), all as described in the Agreement; and,
WHEREAS, the Developer has submitted to the Agency and the City Council of
the City of La Quinta the City Council") copies of the Agreement in a form executed by the
Developer; and,
WHEREAS, the Agreement provides for the installation or construction of
infrastructure improvements referenced therein as the Off-Site Improvements"), which are
more particularly described in the Agreement. The Off-Site Improvements, which consist of
drainage improvements, streets, pedestrian access facilities, and recreational facilities, among
other things, are provided for in the Redevelopment Plan; and,
WHEREAS, pursuant to Section 33433 of the Community Redevelopment Law
California Health and Safety Code Section 33000, et seq.), the Agency is authorized, with the
approval of the City Council after a duly noticed public hearing, to sell the Site for development
pursuant to the Redevelopment Plan upon a determination by the City Council that the sale of
the property will assist in the elimination of blight and that the consideration for such sale is not
less than either the fair market value or fair reuse value of the Site in accordance with the
covenants and conditions governing the sale and the development costs required thereof; and,
WHEREAS, the Legislature declares in Health and Safety Code Section 36000,
et seq. that new forrns of cooperation with the private sector, such as disposition and
development of real property through redevelopment and other forms of housing assistance may
involve close participation with the private sector in meeting housing needs, without amounting
to development, construction, or acquisition of low rent housing projects as contemplated under
Article XXXIV of the State Constitute; and,
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WHEREAS, a joint public hearing of the Agency and City Council on the
proposed Agreement was duly noticed in accordance with the requirements of Health and Safety
Code Section 33433; and,
WHEREAS, the proposed Agreement, and a summary report meeting the
requirements of the Health and Safety Code Section 33433, were available for public inspection
consistent with the requirements of Health and Safety Code Section 33433; and,
WHEREAS, on June 28, 1994, the Agency and City Council held a joint public
hearing on the proposed Agreement, at which time the Agency reviewed and evaluated all of the
information, testimony, and evidence presented during the joint public hearing; and,
WHEREAS, all actions required by all applicable law with respect to the proposed
Agreement have been taken in an appropriate and timely manner; and,
WHEREAS, the Agency has reviewed the summary required pursuant to Health
and Safety Code Seefion 33433 and evaluated other information provided to it pertaining to the
findings required pursuant to Health and Safety Code Section 33433; and,
WHEREAS, the Agreement requires that units developed pursuant to the
Agreement be rented or sold, as more particularly specified in the Agreement, to households
having limited incomes, and that the units remain affordable for a substantial period of time to
those households; and,
WHEREAS, the sale of the site pursuant to the Agreement will assist in the
elimination of blight by providing for the provision of affordable housing within the Project
Area, the provision of physical improvements, including the provision of flood control and
vehicular and pedestrian access facilities, and encouraging the development of land the
development of which had proven to be infeasible for the private sector, acting alone; and,
WHEREAS, the proposed Agreement has been reviewed under The Rules to
Implement the California Environmental Quality Act of 1970.' as amended), in that the Planning
Director conducted an Initial Study and has determined that the Agreement will not have a
significant adverse impact on the environment and further a Negative Declaration should be
adopted; and,
WHEREAS, the Agency has duly considered all terms and conditions of the
proposed Agreement and believes that the redevelopment of the Site pursuant thereto is in the
best interests of the City of la Quinta and the health, safety, and welfare of its residents, and
in accord with the public purposes and provisions of applicable State and local laws and
requirements.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La
Quinta as follows:
RESoCC.13*
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Section 1. The City Council finds and determines that, based upon substantial evidence
provided in the record before it, the co*sideration for the Agency's disposition of the Site
pursuant to the terms and conditions of the Agreement is not less than fair reuse value in
accordance with the covenants and conditions governing the sale, and the development costs
required under the Agreement.
Section 2. The City Council hereby finds and determines that the disposition of the Site
pursuant to the Agreement will eliminate blight within the Project Area by providing for the
reuse and redevelopment of a portion of the Project Area which was declared blighted for the
reasons described above.
Section 3. The City Council hereby finds and determines that: i) the Off-Site Improvements
are of benefit to the Project Area or the immediate neighborhood in which the project is located;
ii) no other reasonable means of financing the Off-Site Improvements are available to the
community other than the method prescribed by the Agreement; and iii) the payment of funds
for the provision of the Off-Site Improvements will assist in the elimination of one or more
blighting conditions inside the Project Area, including without limitation the lack of adequate
flood control facilities and substandard streets.
Section 4 While the City Council determines that participation in the feasibility analysis,
financing, and development contemplated by the Agreement does not constitute development,
construction or acquisition of a low-rent housing project within the meaning of Article XXXIV
of the State Constitution, this Resolution is hereby deemed to constitute an approval within the
meaning of Health and Safety Code, Section 36005, of a proposal which may result in housing
assistance benefiting persons of low income.
Section 5. The City Council hereby confirms the conclusion of the Environmental
Assessment and approves a Negative Declaration.
Section 6. The City Council hereby approves the execution of the Agreement and authorizes
the Chairman of the Agency to execute the Agreement on behalf of the Agency and take all
actions and execute all escrow documents, Attachments to the Agreement, and other documents
necessary or appropriate to carry out the Agreement.
Section 7. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED this 28th day of June, 1994, by the
following vote:
AYES: Council Members Banqerter, Perkins, Sniff, Mayor Pena
NOES: None
ABSENT: Council Member Mccartney
ABSTAIN: None
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City of La Quinta; California
ATTEST
XSAUNDRA L. J HO
City of La Quinta, California
APPROVED TO FORM:
DAWN HONEYWEL Attorney
City of La Quinta, California
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