CC Resolution 1999-109d_]m RESOLUTION NO.99-109
A RESOLUTION OF THE CITY COUNCIL OF CITY OF LA
QUINTA APPROVING AND AUTHORIZING THE EXECUTION
OF AN AFFORDABLE HOUSING AGREEMENT BY AND
BETWEEN THE LA QUINTA REDEVELOPMENT AGENCY
AND THE SPANOS COMPANY AND MAKING CERTAIN
FINDINGS IN CONNECTION THEREWITH
WHEREAS, the La auinta 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 Area No.2 the
Project" or the Project Area"); and,
WHEREAS, in order to carry out and implement such Redevelopment Plan
and the affordable housing requirements thereof, the Agency proposes to enter into
that certain Affordable Housing Agreement for Apartments Agreement", the
Agreement") with The Spanos Company, the Developer"), for the disposition and
development of the property located northwest of the intersection of 48th Avenue and
Adams Street, the Site"), more particularly described in the Agreement; 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 among other things, consist of drainage improvements, streets, and pedestrian
access facilities as 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 Community
Redevelopment Law") 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, Sections 33334.2 and 33334.6 of the Community
Redevelopment Law, California Health and Safety Code Section 33000, et seq. the
Community Redevelopment Law") authorize and direct the Agency to expend a
certain percentage of all taxes which are allocated to the Agency pursuant to Section
33670 of the Community Redevelopment Law for the purposes of increasing,
improving and preserving the community's supply of low- and moderate-income,
lower income, and very low income; and,
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d_]mResolution 99-109
A. G. Spanos Affordable Housing Agreement
Adopted: September 7.1999
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WHEREAS, pursuant to applicable law, the Agency has established a
Low and Moderate Income Housing Fund the Housing Fund'); and,
WHEREAS, pursuant to Section 33334.2(e) of the Community
Redevelopment Law, in carrying out its affordable housing activities, the Agency is
authorized to provide subsidies to or for the benefit of very low income and lower
income households, or persons and families of low or moderate income, to the extent
those households cannot obtain housing at affordable costs on the open market; and,
WHEREAS, the construction of the housing development pursuant to the
Agreement will benefit the Project Area by providing decent, safe, and sanitary
housing for persons who may work, shop, or use services within the Project Area,
and by establishing higher quality standards for the supply of housing which is
available to low and moderate income persons within the community; and,
WHEREAS, Section 33445 of the Community Redevelopment Law
provides that with the consent of the City Council the Agency may pay all or part of
the value of the land for and the cost of the installation and construction of any
building, facility, structure, or other improvement which is publicly owned either
within or without of the Project Area if the City Council determines that the buildings,
facilities, structures, or other improvements are of benefit to the Project Area or the
immediate neighborhood in which the project is located, that no other reasonable
means of financing the buildings, facilities, structures or other improvements are
available to the community and that the payment of funds for the acquisition of land
or the cost of buildings, facilities, structures, or other improvements will assist in the
elimination of one or more blighting conditions inside the Project Area; and,
WHEREAS, a joint public hearing of the Redevelopment Agency and City
Council on the proposed Agreement was duly noticed in accordance with the
requirements of Section 33433 of the Community Redevelopment Law; and,
WHEREAS, the proposed Agreement, and a Summary Report meeting the
requirements of Section 33433 of the Community Redevelopment Law, were available
for public inspection consistent with the requirements of Section 33433 of the
Community Redevelopment Law; and,
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d_]m Resolution 99-109
A. G. Spanos Affordable Housing Agreement
Adopted: September 7. 1999
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WHEREAS, on the 7th day of September, 1999, the Agency and City
Council did hold a joint public hearing on the proposed Agreement, at which time the
City Council reviewed and evaluated all of the information, testimony, and evidence
presented during the 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 City Council has reviewed the Summary required
pursuant to Section 33433 of the Community Redevelopment Law and has evaluated
any and all other information pertaining to the findings required pursuant thereto; and,
WHEREAS, the Agreement requires that twenty 20) of the units
developed pursuant thereto be rented, 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 development of the Site pursuant to the terms
of the Agreement has been previously evaluated pursuant to the California
Environmental Quality Act CEQA"), and no additional impacts not previously
addressed will result from this Agreement; and,
WHEREAS, the City Council 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:
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A. G. Spanos Affordable Housing Agreement
Adopted: September 7 1999
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Section 1. The City Council finds and determines that, based upon substantial
evidence provided in the record before it, the consideration 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 sale of the
Site is consistent with the implementation plan adopted pursuant to Health and Safety
Code Section 33490.
Section 3. The City Council hereby finds and determines pursuant to Section
33445 of the Community Redevelopment Law that there is no other reasonable
means of financing the cost of certain public improvements in the assistance portion
of the Agreement which are a benefit to the Project Area and work towards
elimination of blight.
Section 4. The project is exempt from CEQA, except to the extent prior
approvals have been given pursuant to CEQA.
Section 5. The City Council hereby approves the execution of the Agreement.
Section 6. The City Clerk shall certify to the adoption of this Resolution in the
manner required by law.
PASSED, APPROVED and ADOPTED this 7th day of September, 1 999,
by the following vote:
AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Pena
NOES: None
ABSENT: None
ABSTAIN: None
J0H??pEN?y40r
City of La Quinta, California
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d_]mResolution 99-109
A. G. Spanos Affordable Housing Agreement
Adopted: September 7 1999
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ATTEST:
AUNDRA L. J OLA, City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
Yl i?, pi
DAWN C. HONEYV??L'L, City Attorney
City of La Quinta, California
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