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CC Resolution 2000-123 RESOLUTION NO. 2000-123 A RESOLUTION OF THE CITY COUNCIL OF THE LA QUINTA, CALIFORNIA APPROVING AN AGREEMENT BY AND BETWEEN THE AGENCY AND THOMAS BUFFIN TO SELL REAL PROPERTY LOCATED WITHIN REDEVELOPMENT PROJECT AREA NO I 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, pursuant to the CRL, the Agency and the City Council of the City of La Quinta ("City" or "City Council," as applicable) previously approved and adopted the Redevelopment Plan, as amended ("Redevelopment Plan") for Project Area No. 1 ("Project Area"); and WHEREAS, the Agency is required pursuant to Health and Safety Code Section 33334.2 et seq. to expend monies in its Low and Moderate Income Housing Fund to increase, improve, and preserve affordable housing in or serving the Project Area; and WHEREAS, the Agency now proposes to enter into an Agreement ("Agreement") with Thomas Buffin to sell an Agency owned undeveloped lot located at 77-224 Calle Ensenada ("Property"); and WHEREAS, before the Agency may dispose of real property, acquired with tax increment funds, for development the Agency and City Council must hold a duly noticed joint Public Hearing on the proposed disposition; and WHEREAS, notice of a joint Public Hearing of the Agency and City Council concerning the Agreement and the proposed conveyance described in the Agreement was given in accordance with the requirements of Health & Safety Code Section 33433; and WHEREAS, the Agency also timely prepared and made available for public review a Summary Report of the proposed transaction in accordance with Health & Safety Code Section 33433; and WHEREAS, all action required of the Agency to be taken precedent to review and consideration of the Agreement by the Agency have been taken in accordance with applicable law; Resolution No. 2000-123 Thomas Buffin-Calle Ensenada September 19, 2000 Page 2 NOW, THEREFORE, the City Council of the City of La Quinta, California hereby resolves as follows: 1. The City Council finds and determines: A. That the sale of the Property as set forth in the Agreement, and the terms of the Agreement, will provide housing for a moderate income family as defined in California law. B. That the sale of the Property as set forth in the Agreement, and the terms of the Agreement, are consistent with the Agency's adopted Second Five-Year Implementation Plan for Project Area No. 1, adopted by the Agency in accordance with Health and Safety Code Section 33490, in that (i) the goals and objectives set forth in the Implementation Plan include increasing and improving the community's supply of affordable housing, and (ii) the sale of the Property is specifically identified as one of the Agency's housing programs to be undertaken in the time period covered by the Implementation Plan. C. That the highest and best use of the Property in accordance with the Redevelopment Plan is the sale of the Property and that the cost to be paid to the Agency is not less than the fair market value at its highest and best use in accordance with the Redevelopment Plan, based on the real property appraisal dated July 31, 2000, as set forth in the Agency's Summary Report for the Agreement and the transaction described in the Agreement, prepared in accordance with Health and Safety Code Section 33433, which Summary Report, a copy of which is on file with the Agency Secretary, is incorporated herein by reference as though fully set forth. D. That the Agency is further authorized under Health and Safety Code Section 33449 which grants the Agency authority to sell Property in order to provide housing for persons of low and moderate income, and thus the Agency's expenditures to rehabilitate the Property, is necessary and proper for the development of the Property as an affordable housing project. Resolution No. 2000-123 Thomas Buffin-Calle Ensenada September 19, 2000 Page 3 2. The Agreement, between the Agency and Thomas Buffin, a copy of which is on file with the City Clerk, is hereby approved. PASSED, APPROVED and ADOPTED at a regular meeting of the City Council of the City of La Quinta, California held on this 19th day of September, 2000, by the following vote, to wit: AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Pe~a NOES: None ABSENT: None ABSTAIN: None JO~A,~~y~~r'~' City of La Quinta, California ATTEST: City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATH'E~IN~E JENS~e~" City of La Quinta, California