CC Resolution 1994-059^"G; RESOLUTION NO. 94-59
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA
QUINTA APPROVING AND AUTHORIZING THE EXECUTION OF
THE FIRST RESTATED AND AMENDED DISPOS*ON AND
DEVELOPMENT AGREEMENT BY AND BETWEEN THE
LA QUNTA REDEVELOPMENT AGENCY AND E.G. WILLIAMS
DEVELOPMENT CORPORATION AND MAKING CERTMN
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" or the Project Area"); and
WHEREAS, the Agency entered into that certain Disposition and Development
Agreement the Agreement") with E.G. Williams Development Corporation, a California
corporation the Developer") dated July 5, 1994, for the disposition and rehabilitation of certain
property within the Project Area the Site") all as described in the Agreement; and
WHEREAS, the Agency and the Developer wish to restate and amend the Agreement in
order to make certain technical revisions necessary to allow the rental portion of the project to
comply wit* the California Tax Credit Allocation Committee requirements; and
WHEREAS, in order to carry out and implement the Redevelopment Plan and the
affordable housing requirements thereof, the Agency proposes to enter into that certain First
Restated and Amended Disposition and Development Agreement the First Amended
Agreement") with the Developer, for the disposition and rehabilitation of the Site; and
WHEREAS, the First Amended Agreement provides for the installation or construction
of infrastructure improvements referenced therein as the Off-Site Improvements"), which are
more particularly described in the First Amended Agreement. The Off-Site Improvements, which
among other things, consist of drainage improvements, streets, pedestrian access facilities, and
recreational facilities, are provided for in the Redevelopment Plan; and
WHEREAS, pursuant to Section 33433 of 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
F
WHEREAS, Sections 33334.2 and 33334.6 of the Community Redevelopment Law,
California Health and Safety Code Sections 33000, et seq. the Community Redevelopment
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^"G; I * II I
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
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 flinds 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 Agency and City Council on the proposed First
Amended Agreement was duly noticed in accordance 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 First Amended Agreement, at which time the City Council reviewed and
evaluated all of the information, testimony, and evidence presented during the joint public
hearing; and
WHEREAS, the proposed First Amended 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 thereof; and
WHEREAS, all actions required by all applicable law with respect to the proposed First
Amended Agreement have been taken in an appropriate and timely manner; and
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^"G; WHEREAS, the City Council has reviewed the summary required pursuant to Section
F
33433 of the Community Redevelopment Law and evaluated other information provided to it
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 a lack
of flood control improvements, inadequate street improvements, 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 First Amended Agreement requires that units developed pursuant thereto
be rented or sold, as more particularly specified in the First Amended 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 First Amended 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 First
Amended Agreement has been previously evaluated pursuant to the California Bnvironmental
Quality Act CEQA*), and no additional impacts not previously addressed will result from this
First Amended Agreement; and
Wi**REAS, the City Council has duly considered all terms and conditions of the
proposed First Amended 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, RE 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 First Amended 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 First Amended Agreement.
Sedion 2. The City Council hereby finds and determines that the disposition of the
Site pursuant to the First Amended 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.
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^"G; Section 3. The City Council finds and determines that expenditures from the Housing
Fund as contemplated by 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 City Council hereby finds and determines based upon substantial
evidence in the record before it that: a) the Off-Site Improvements are of benefit to the Project
Area or the immediate neighborhood in which the project is located; *) no other reasonable
means of financing the Off-Site Improvements are available to the community other than the
method prescribed by the First Amended Agreement; and c) 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 5. The project is exempt from CEQA, except to the extent prior approvals
have been given pursuant to CEQA.
Section 6. The City Council hereby approves the execution of the First Amended
Agreement.
Section 7. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED AND A*FT'ED this 20th day of Septeuber 1994.
May**
A
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 2athday of Septeuber 1994 by the following vote, to
wit:
AYES: Councilmembers: Bangerter, McCartney, Perkins, Sniff, *
Mayor Pena
NOES Councilmembers: None
ABSENT: Councilmembers: None
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^"G; ABSTAIN: Councilmembers: None
F
CITY COUNCIL OF THE CITY OF LA
QUINTA
By:
F
F
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