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CC Resolution 1994-058^"G6 RESOLUTION NO.94-58 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA APPROVING AND AUThORIZING THE EXECUTION OF THE DISPOSE*ON AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE LA QUINTA REDEVELOPMENT AGENCY AND BUILDING HORIZONS, INC. AND MAKING CERTAIN FINDINGS IN CONNECTION 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 and the affordable housing requirements thereof, the Agency proposes to enter into that certain Disposition and Development Agreement the Agreement') with Building Horizons, Inc., a California nonprofit 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 Agreement provides for the construction of two detached, single family housing units and certain public improvements as may be required by the City, which are more particularly*escribed in the Agreement; 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 Sections 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 housing available at affordable housing cost to persons and families of low- and moderate-income, lower income, and very low income; and WHEREAS, pursuant to applicable law the Agency has established a Low and Moderate Income Housing Fund the Housing Fund"); and BIB] 08-18-1998-U01 02:32:23PM-U01 ADMIN-U01 CCRES-U02 94-U02 58-U02 ^"G6 jii*iL r LI I I I 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, a joint public hearing of the 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 Section 33433 of the Community Redevelopment Law, were available for public inspection consistent with the requirements Section 33433 of the Community Redevelopment Law; and WHEREAS, on September 20, 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 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 Site is located within a portion of the Project Area which was found by the City Council, in its adoption of the Redevelopment Plan, to be blighted as a result of among other things, impaired investments in property, inadequacies of building construction and the availability of an insufficient number of dwelling units available at affordable housing costs; and WHEREAS, the Agreement requires that units developed pursuant to the Agreement be 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 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, PUBL:19107_1I424I*3s.O 2 BIB] 08-18-1998-U01 02:32:23PM-U01 ADMIN-U01 CCRES-U02 94-U02 58-U02 ^"G6 i' *, * California Public Resources Code Sections 21000, et seq., 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: 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 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. F Fund as*ltOe1mp3lated *ThyC City Council finds and determines that expenditures from the Housing the Agreement will directly and specifically increase, improve, and preserve the community's supply of low and moderate income housing within the meaning of Sections 33334.2 and 33334.6. 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. PUBL:I9107*1 142413233s.o 3 BIB] 08-18-1998-U01 02:32:23PM-U01 ADMIN-U01 CCRES-U02 94-U02 58-U02 ^"G6 * I I Section 6. The City Clerk shall certify to the adoption of this Resolution in the manner required by law. PASSED, APPROVED AND ADOPTED this 2Ot**ay of September 1994. May** I, Saundra Juhola, City Clerk of the City of La Quinta, HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of La Quinta at a regular meeting hereof, held on the 2Otb day of Septe*er 1994 by the following vote, to wit: AYES: Councilmembers: Bangerter, McCartney,*Perkins, Sniff, Mayor Pena NOES Cbunciimembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None CITY COUNCIL OF THE CITY OF LA QUINTA PUBL:19107_1I424I*2338.O 4 BIB] 08-18-1998-U01 02:32:23PM-U01 ADMIN-U01 CCRES-U02 94-U02 58-U02