RDA Resolution 1994-10^# RESOLUTION RA 9*1 0
A RESOLUTION OF ThE LA QUINTA REDEVELOPMENT
AGENCY APPROVING AND AUTHORIZING ThE EXECUTION
OF ThE DISPOSITION AND DEVELOPMENT AGREEMENT BY
AND BETWEEN ThE REDEVELOPMENT AGENCY AND E.G.
WILLIAMS DEVELOPMENT CORPO*ON 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 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 m 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 *cilities, 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 *gislature declares in Health and Safety Code Section 36000,
et seq. that new forms 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,
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,
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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 Section 33433 and evaluated other information provided to it pertaining to the
findings required pursuant to Health and Safety Code Section 33433; and,
WHEREAS, the Site is located within an area of the La Quinta Redevelopment
Project which was found by the City Council, in its adoption of the Redevelopment Plan for the
La Quinta Redevelopment Project 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 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.
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NOW, THEREFORE, BE IT RESOLVED by the La Quinta Redevelopment
Agency as follows:
Section 1. The Agency 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 Agency 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 Agency 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 Agency 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 Agency hereby confirms the conclusion of the Environmental Assessment and
approves a Negative Declaration.
Section 6. The Agency hereby approves the execution of the Agreement and authorizes and
directs the Chairman of the Agency to execute the Agreement on behalf of the Agency. A copy
of the Agreement when executed shall be placed on file in the office of the Agency Secretary.
The Executive Director of the Agency is authorized to implement the Agreement 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 Agency Secretary shall certify to the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED this 28th day of June, 1994, by the
following vote:
n-ok-I
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^#AYES: Board Members Bangerter, Pena, Perkins, Chairman Sniff
NOES: None
ABSENT: Board Member McCartney
ABSTAIN: None
**EYSNIFF,Cb**
La Quinta Redevelopment Agency
ATTEST:
SAUNDRA L. JUHOLA Secretary
La Quinta Redevelopment Agency
APPROVED TO FORM:
*e,1 *(?/*
DAWN HONEYWELL, City Attorney
La Quinta Redevelopment Agency
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