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ORD 399 ORDINANCE NO. 399 I AN ORDINANCE OF THE CITY COUNCIL OF THE CITY ! , OF LA QUINT A, CALIFORNIA, APPROVING AND ADOPTING AN AMENDMENT TO THE REDEVELOPMENT PLAN . FOR LA GUINTA REDEVELOPMENT PROJECT NO.2 WHEREAS, the City Council of the City. of La Quinta (the "City" or "City Council" as appropriate) approved and adopted the Redevelopment Plan for La . Quinta Redevelopment Project No.2 .on May 16, 1989 by Ordinance No. 139, as amended by a technical amendment adopted on December 20, 1994, by Ordinance No. 259, to conform the Plan to the requirements of State law, Assembly Bill 1290, Ch. 942 of Stats. 1993 (collectively, the "Plan"); and WHEREAS, the Plan delineates the boundaries of the redevelopment project for Project No.2 ("Project Area No.2"); and WHEREAS, the La Quinta Redevelopment Agency (the "Agency") has initiated proceedings to adopt a proposed amendment to the Plan; the purpose of r-- which Amendment is to increase the number of tax increment dollars which may be I allocated to the Agency under the Plan pursuant to Health & Safety Code Section I 33679(b) (the "Amendment"); and WHEREAS, the California Community Redevelopment Law (the "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 proposed Amendment, a copy of which is on file with the City Clerk, together with the Report of the Agency prepared pursuant to Section 33352 and Section 33457.1 of the CRL (the "Report to City Council"), which includes a description and discussion of the proposed Amendment; and WHEREAS, the Agency has prepared a Negative Declaration for the Amendment in compliance with the California Environmental Quality Act and the City Council has approved such document; and WHEREAS, the Planning Commission of the City of La Quinta has submitted to the City Council its certification that the proposed Amendment conforms to the La Quinta General Plan; and ,......-- Ordinance No. 399 Redevelopment Plan Amendment Redevelopment Project No.2 Adopted: February 3. 2004 Page 2 WHEREAS, the City Council and the Agency held a joint public hearing on January 20, 2004, concerning the adoption of .the proposed Amendment; and WHEREAS, notice of the 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 the joint public hearing were mailed by first-class mail to all residents and businesses in Project Area No.2 at least thirty (30) days prior to the joint public hearing; and WHEREAS, Section 33457.1 of the CRL, provides that to the extent warranted by the proposed 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 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 Amendment. THE CITY COUNCIL OF THE CITY OF LA QUINT A, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. The purpose and intent of the City Council with respect to Amendment is to increase from $400,000,000 to $1,500,000,000 the total number of tax increment dollars which may be allocated from Project Area No.2 under the Plan to the Agency pursuant to Health and Safety Code Section 33670(b), in order to allow the Agency to undertake and implement projects to continue alleviating blight in the Project Area No.2 as set forth in the. Report to City Council, including but not limited to new affordable housing opportunities so the Agency may meet its affordable housing requirements under the CRL and the Agency's adopted Second Amended Housing Affordability Compliance Plan. SECTION 2. The City Council hereby finds and determines, based on the evidence in the record, including, but not limited to, the Report to City Council, and all documents referenced therein: Ordinance No. 399 I Redevelopment Plan Amendment Redevelopment Project No.2 Adopted: February 3. 2004 ~. Page 3 a. The finding that the Project Area No.2 is a blighted area, the redevelopment of which is necessary to effectuate the purposes of the Community Redevelopment Law, was made in Ordinance No. 139 when the Plan was originally adopted. The City Council finds and determines that (i) such finding and determination set forth in Ordinance No. 2776 is final and conclusive, (ii) the Amendment does not add territory to the Project Area No.2 or make any other revisions to the Plan that affects this previously-made finding and determination, (iii) such previously made finding and determination remains valid and effective, (iv) no further finding or determination concerning the blight finding set forth in Ordinance No. 139 is required for the Amendment, and (v) as set fort in the record, including but not limited to the Report to Council, significant blight remains in Project Area No.2 and such blight cannot be eliminated without the establishment of additional debt and the increase in the number of dollars to be allocated to the Agency. I b. The proposed Amendment will allow continued redevelopment to ~ occur within Project Area No.2 in conformity with the CRL and in the interests of the public health, safety and welfare. This finding is based in part, as set fort in the record including but not limited to the Report to Council, upon the fact that t~e Amendment will enable the Agency to fund additional projects to address blighting conditions that remain including but not limited to project to improve, increase, and preserve affor:dable housing opportunities to enable the Agency to meet its affordable housing obligations under the CRL and the Agency's adopted Second Amended Affordability Housing Compliance Plan. c. The finding that the carrying out of the Plan is economically sound and' feasible was made in Ordinanèe No. 139 when the Plan was originally adopted and the City Council finds and determines that (i) such finding and determination set forth in. Ordinance No. 139 is final and conclusive, (ii) the Amendment does not add territory to the Project Area No.2 or make any other revisions to the Plan that affects this previously-made finding and determination, and (iii) such previously made finding and determination remains valid and effective. The Plan - as amended by the Amendment is economically sound and feasible in that, as set fort in the record, including but not limited to the Report to Council, increasing the number of dollars to be allocated to the Agency under the Plan pursuant to Health and Safety Code Section 33670(b) Ordinance No. 399 Redevelopment Plan Amendment Redevelopment Project No.2 Adopted: February 3. 2004 Page 4 will enable the Agency to undertake and implement projects to address the remaining blight in Project Area No.2 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 and the Agency's adopted Second Amended Affordability Housing Compliance Plan. d. The 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 in part on the finding of the Planning Commission of the City La Quinta that the Amendment conforms to the La Quinta General Plan. e. The carrying out of the Plan as amended by the 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 fort in the record, including but not limited to the Report to Council, on the fact that the Amendment will benefit Project Area No.2 by continuing to provide the Agency with the necessary 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 and the Agency's adopted Second Amended Affordability Housing Compliance Plan. f. The City Council, in Ordinance No. 139, found and determined that the condemnation of real property, to the extent provided for in the Plan, is necessary to the execution of the Plan, and adequate provisions have been made for payment for property to be acquired as provided by law. The City Council finds and determines that (i) such finding and determination set forth in Ordinance No. 139 is final and conclusive, (ii) the Amendment does not add territory to the Project Area No.2, alter or amend any provision concerning the condemnation of real property, or make any other revisions to the Plan that affects this previously-made finding and determination, (iii) such previously made finding and determination remains valid and effective, and (iv) no further finding or determination concerning the foregoing required for the Amendment. - Ordinance No. 399 ~ Redevelopment Plan Amendment Redevelopment Project No.2 Adopted: February 3. 2004 Page 5 g. The City Council, in Ordinance No. 139, found and determined that the Agency adopted a feasible method and plan for the relocation of families and persons displaced from Project Area No.2, if the Plan should result in the temporary or permanent displacement of any occupants of housing facilities in Project Area No.2. The City Council finds and determines that (i) such finding and determination set forth in Ordinance No. 139 is final and conclusive; (ii) the Amendment does not add territory to Project Area No.2 or make any other revisions to the Plan that affect this previously-made finding and determination, (iii) such previously-made finding and determination remains valid and effective, and (iv) no further finding or determination concerning the foregoing is required for the Amendment. h. The City Council, in Ordinance No. 139, found and determined that there are or are being provided in Project Area No.2, or in other areas not generally less desirable in regard to public utilities and public and commercial facilities, and at rents or prices within the financial means r-- of the families and persons displaced from Project Area No.2, if any, decent, safe, and sanitary dwellings equal in number to the number of and available to the displaced families and persons and reasonably accessible to their places of employment. The City Council finds and determines that (i) 'such finding and determination set forth in Ordinance No. 139 is final and conclusive; (ii) the Amendment does not add territory to Project Area No.2 or make any other revisions to the Plan that affect this previously-made finding and determination, (iii) such previously-made finding and determination remains valid and effective, and (iv) no further finding or determination concerning the foregoing is required for the Amendment. i. 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 California Health and Safety Code 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 as statutorily required pursuant to California Health and Safety Code Sections 33334.5, 33413, and 33413.5, to the extent required thereunder. - The City Council finds and determines that (i) such finding and determination set forth in Ordinance No. 139 is final and conclusive; (ii) the Amendment does not add territory to Project Area No,. 2 or Ordinance No. 399 Redevelopment Plan Amendment Redevelopment Project No.2 Adopted: February 3. 2004 Page 6 make any other revisions to the Plan that affect this previously-made finding and determination, (iii) such previously-made finding and determination remains valid and effective, and (iv) no further finding or determination concerning the foregoing is required for the Amendment. j. The finding that all noncontiguous areas of Project Area No,. 2 are either blighted or necessary for effective redevelopment and are not included for the purpose of obtaining the allocation of taxes from Project Area No. 2 pursuant to Health and Safety Code Section 33670, was not made in Ordinance No. 139 as there are no non- contiguous areas of Project Area No.2. The City Council finds and determines that (i) the Amendment does not add territory to Project Area No.2 or make any other revisions to the Plan that affect the boundaries of Project Area No. 2 and thus no further finding or determination concerning the foregoing is required for the Amendment. ok. The City Council, in Ordinance No. 139, found and determined that the inclusion of any lands, buildings, or improvements which are not detrimental to the public health, safety, or welfare is necessary for effective redevelopment of Project Area No.2 and that any area included is necessary for effective redevelopment and is not included for the purpose of obtaining the allocation of tax increment revenues from Project Area No.2 pursuant to Health and Safety Code Section 33670 without other substantial justification for its inclusion. The City Council finds and determines that (i) such finding and determination set forth in Ordinance No. 139 is final and conclusive; (ii) the Amendment does not add territory to Project Area No.2 or make any other revisions to the Plan that affect this previously-made finding and determination, (iii) such previously-made finding and determination remains valid and effective, and (iv) no further finding or determination concerning the foregoing is required for the Amendment. I. The City Council, in Ordinance- No. 139, found and determined that the elimination of blight and the redevelopment of Project Area No.2 could not be reasonably expected to be accomplished by private enterprise acting alone without the aid and assistance of the Agency. The City Council finds and determines that (i) such finding and determination set forth in Ordinance No. 139 is final and conclusive; (ii) the Amendment does not add territory to Project Area No,. 2 or make any other revisions to the Plan that affect this previously-made finding and determination, (iii) such previously-made finding and ._----~_._- - Ordinance No. 399 .-- Redevelopment Plan Amendment I Redevelopment Project No.2 I Adopted: February 3. 2004 . Page 7 determination remains valid and effective, and (iv) no further finding or determination concerning the foregoing is required for the Amendment. The City Council further finds and determines that, as set fort in the record, including but not limited to the Report to Council, the elimination of the remaining blight in Project Area No.2 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 and the Agency's adopted Second Amended Affordability Housing Compliance Plan, could not be reasonably. expected to be accomplished by private enterprise acting alone without the aid and assistance of the Agency, and that the increase in the number of dollars to be allocated to' the Agency under the Plan pursuant to Health and Safety Code Section 33670(b) is necessary to enable the Agency to provide such aid and assistance. m. The City Council, in Ordinance No. 139, found and determined that the Project Area No.2 was predominantly urbanized as defined by the r-- CRL. The City Council finds and determines that (i) such finding and : determination set forth in Ordinance No. 139 is final and conclusive; I (ii) the Amendment does not add territory to Project Area No.2 or make any other revisions to the Plan that affect this previously-made finding and determination or require a re-determination as to the urbanization of Project Area No.2, (iii) such previously-made finding and determination remains valid and effective, and (iv) no further finding or determination concerning the foregoing is required for the Amendment. n. The limitation on the number of dollars to be allocated to the Agency under the Amendment are reasonably related to the proposed projects to be implemented in Project Area No.2 and/or benefiting Project Area No,. 2 under the CRL, and to the ability of the Agency to eliminate remaining blight within Project Area No.2, in that, as set fort in the record, including but not limited to the Report to Council, the 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 and the Agency's adopted Second Amended Affordability Housing .-- Compliance Plan. Ordinance No. 399 Redevelopment Plan Amendment Redevelopment Project No.2 Adopted: February 3. 2004 Page 8 o. The time limitations set forth in the Plan conform to the requirements of the CRL pursuant to Ordinance No. 259 adopted on December 20, 1994. The Amendment does not amend or affect any time limitation set forth in the Plan. SECTION 3. The City Council, in Ordinance No. 139, declared that it was satisfied that permanent housing facilities will be available within three (3) years from the time residential occupants of Project Area No.2 are displaced, if any, and that pending the development of the facilities there will be available to the displaced housing occupants, if any, adequate temporary dwelling facilities at rents comparable to those in the City at the time of their displacement. The City Council finds and determines that (i) such finding and determination set forth in Ordinance No. 139 is final and conclusive; (ii) the Amendment does not add territory to Project Area No.2 or make any other revisions to the Plan that affect this previously-made finding and determination, (iii) such previously made finding and determination remains valid and effective, and (iv) no further finding or determination concerning the foregoing is required for the Amendment. SECTION 4. In order to implement and facilitate the effectuation of the Plan, as amended by the Amendment as hereby approved, the City Council hereby (a) restates its pledge of cooperation in helping to carry out the Plan, (b) restates its request that the various officials, departments, boards and agencies of the City having administrative responsibilities in Project Area No.2 likewise cooperate to such end and exercise their respective functions and powers in a manner consistent with the redevelopment of Project Area No.2, (c) reaffirms that it stands ready to consider and take appropriate action upon proposals and measures designed to effectuate the 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 Plan, as amended. SECTION 5. The Amendment is incorporated herein by this reference, and the Plan, as amended by the Amendment, is hereby approved as, and declared to be, the official Redevelopment Plan for the La Quinta Redevelopment Project No.2. 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 for carrying out the Plan, as amended. -,- - - - '--'------ "-- '---"-' -"-- , Ordinance No. 399 r Redevelopment Plan Amendment Redevelopment Project No.2 I Adopted: February 3. 2004 .. Page 9 SECTION 7. The City Clerk is hereby directed to record with the Riverside County Recorder a statement that the 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 thi~y (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 Amendment, and the City Council hereby declares it would have passed the remainder of this Ordinance or approved the remainder of the Amendment if such invalid portion thereof had I 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. PASSED, APPROVED and ADOPTED at a regular meeting of the La Guinta City Council held this 3rd day of February, 2004, by the following vote: AYES: Council Members Henderson, Osborne, Perkins, Sniff, Mayor Adolph NOES: None ABSENT: None ABSTAIN: None .-- ! Ordinance No. 399 Redevelopment Plan Amendment Redevelopment Project No.2 Adopted: February 3. 2004 Page 10 ATTEST: ~~A.~ JU . GREEK, CMC, C'I.Y Clerk City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: IJJ. M. KATHER~~òmeY ,- -, '.' '-. City of La Quinta, California ----, Ordln8nce No. 399 I Redevelopment PI8n Amendment Redevelopment Project No.2 Adopted: Febru8ry 3. 2004 t Page" STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss. CITY OF LA QUINT A ) I, JUNE S. GREEK, 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. 399 which was introduced at a regular meeting held on the 20th day of January, 2004, and' was adopted at a regular meeting held on the 3rd day of February, 2004, 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 r City of La Quinta as specified in a Resolution of the City Council. I l ~..., J?i~..V J . GREEK, CMC, Clerk. City of La Quinta, California I I