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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, REsocc.135 BIB] 08-18-1998-U01 09:43:27AM-U01 ADMIN-U01 CCRES-U02 94-U02 44-U02 ^ F *. L I II I R*soIutioi, 9443 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* BIB] 08-18-1998-U01 09:43:27AM-U01 ADMIN-U01 CCRES-U02 94-U02 44-U02 ^ F IL* I. I t * 9443 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 RBsocc.*35 BIB] 08-18-1998-U01 09:43:27AM-U01 ADMIN-U01 CCRES-U02 94-U02 44-U02 ^ F I, RIuUo 9443 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 RESOCC.135 BIB] 08-18-1998-U01 09:43:27AM-U01 ADMIN-U01 CCRES-U02 94-U02 44-U02