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HomeMy WebLinkAbout1583 - ORDINANCES - 5/31/2000 ORDINANCE NO. 1583 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS AMENDING THE TAHQUITZ-ANDREAS ' PROJECT,THE BARISTO-FARRELL PROJECT,AND THE CANYON PROJECT WHEREAS, The Tahquitz-Andreas Redevelopment Project was established on July 19, 1983 by Ordinance No. 1187 and amended by Ordinance No. 1489 on December 21, 1994, and Ordinance 1576 on December 15, 1999; and WHEREAS, The Baristo-Farrell Redevelopment Project was established on May 7, 1986 by Ordinance No. 1267 and amended by Ordinance No. 1493 on December 21, 1994, and Ordinance 1576 on December 15, 1999; and WHEREAS, The Canyon Redevelopment Project was established on July 19, 1991 by Ordinance No. 1388 and amended by Ordinance No.1492 on December21, 1994; and WHEREAS,the Redevelopment Agency of the City of Palm Springs(the"Agency") has and continues to conduct redevelopment activities in each of the above listed redevelopment projects,pursuant to the Community Redevelopment Law, Health&Safety Code section 33000, et seq.; and WHEREAS, this Ordinance amends the Tahquitz-Andreas Project, the Baristo- Farrell Project, and the Canyon Project; and WHEREAS, the purpose of the merger of the Tahquitz-Andreas Project, the Baristo-Farrell Project, and the Canyon Project will be for efficiency in administration and financing of all redevelopment projects; and WHEREAS, after providing notice in accordance with all applicable laws, the City Council and the Agency held a joint public hearing on May 17, 2000(the"Public Hearing"), to consider the adoption of this Ordinance; and WHEREAS, at the Public Hearing, the City Council and the Agency received oral testimony from all persons wishing to be heard, and in addition incorporated into the record of the Public Hearing the following documents, each of which is incorporated by reference into this Ordinance as though set forth fully herein, as are the minutes of the Public Hearing: A. The affidavit of publication of Notice of the Public Hearing. B. The certificate of mailing of Notice of Public Hearing to each property owner and tenant in each of the Projects to persons, firms or corporations which have acquired property within the Projects. I 01583 Page 2 C. The certificate of mailing of Notice of Public Hearing to the governing bodies of each taxing agency within the Projects. D. Agency Report to the City Council. , E. The CEQA Review. F. The proposed Amendments to the Redevelopment Plans for the Tahquitz- Andreas Project, the Baristo-Farrell Project, and the Canyon Project; and G. Public Communications concerning the Amendment; and WHEREAS, the adoption of this Ordinance is in compliance with the requirements of the California Environmental Quality Act, Public Recourse Code, section 21000, et seq.; NOW THEREFORE, pursuant to section 33457.1 of the Health and Safety Code, which indicates that this Ordinance must contain the findings required by section 33367 of said Code, to the extent warranted, the City Council makes the following findings: (1) It has been determined previously that the Tahquitz-Andreas Project, the Baristo-Farrell Project, and the Canyon Projects are blighted and that the redevelopment of each said Project is necessary to effectuate the public purposes of the Community Redevelopment Law, such conditions continuing to exist in the Projects; (2) The Redevelopment Plans for each of the Tahquitz-Andreas Project, the Baristo-Farrell Project, and the Canyon Projects, as described above, as amended by this ' Ordinance, will continue to cause redevelopment in the areas in conformity with the California Redevelopment Law, and in the interests of the public peace, health, safety and welfare; (3) The adoption and carrying out of all of the subject Redevelopment Plans, as amended, is economically sound and feasible; (4) The Redevelopment Plans, as amended, conform to the General Plan of the City of Palm Springs, including, but not limited to, the City's Housing Element, which substantially complies with the requirements of Article 10.6 of Chapter 3 of Division 1 of Title 7 of the Government Code; (5) The carrying out of the Redevelopment Plans, as amended, will continue to promote the public peace, health, safety and welfare of the City, and will continue to effectuate the purposes and policy of the California Redevelopment Law; (6) The execution of the time period in which to utilize the power of eminent domain is necessary to the execution of all redevelopment plans, and adequate provisions have been made for payment for property to be acquired as provided by law; 2 1 01583 Page 3 (7) The Agency has a feasible method and plan for the relocation of families and persons who might be displaced, temporarily or permanently, from housing facilities ' in the Projects; (8) There are, or will be provided, within the Projects or 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 of the families and persons who might be displaced from the Project areas, decent, safe and sanitary dwellings equal in number to the number of and available to such displaced families and persons and reasonably accessible to their places of employment; (9) Families and persons shall not be displaced prior to the adoption of a relocation plan pursuant to sections 33411 and 33411.1 of the Health &Safety Code, and dwelling units housing persons and families of low or moderate income shall not be removed or destroyed prior to the adoption of a replacement housing plan pursuant to sections 33334.5, 33413 and 33413.5 of said Code; (10) Some areas remain blighted or are necessary for redevelopment, and are not included in this Ordinance for the purpose of obtaining the allocation of taxes from those areas pursuant to Section 33670 of the Health & Safety Code without substantial justification for their inclusion; (11) It has been determined previously that the inclusion of any lands, buildings, or improvements which are not detrimental to the public health, safety, or welfare is necessary for the effective redevelopment of the areas of which they are a part, and that ' all areas included are necessary for effective redevelopment and are not included for the purpose of obtaining the allocation of tax increment revenues from such areas pursuant to section 33670 of the Health & Safety Code without substantial justification for their inclusion; such determination continues to be correct in all Project areas; (12) The elimination of blight and the redevelopment of all Projects could not reasonably be expected to be accomplished by private enterprise acting alone without the aid and assistance of the Agency; (13) All Projects are predominantly urbanized, as defined by subdi'ision (b) of section 33320.1 of the Health and Safety Code; (14) The City Council is satisfied that permanent housing facilities will be available within three years from the time occupants of the Projects are displaced and that, pending the development of the facilities,there will be available to the displaced occupants adequate temporary housing facilities at rents comparable to those in the community at the time of their displacements; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES FURTHER ORDAIN AS FOLLOWS: 3 01583 Page 4 Section 1: Any and all written and oral objections filed with or presented to the City Council in regard to the adoption of this Ordinance are hereby overruled. The written , responses to those written objections are hereby adopted by the City Council, which responses are incorporated by reference as though set forth fully herein. Section 2: The City Council hereby approves and adopts the amendments to the Redevelopment Plans for the Tahquitz-Andreas Project, the Baristo-Farrell Project, and the Canyon Project, as set forth in Exhibit "A", attached hereto, which Exhibit is incorporated by reference as though set forth fully herein. Section 3:The Redevelopment Plans,as amended,shall be known as the"Merged Redevelopment Plan" for the Merged Redevelopment Project#2, and each such Plan is hereby designated as the official Redevelopment Plan of each respective Redevelopment Project. Section 4: The applicable provisions of each of the Tahquitz-Andreas Project, the Baristo-Farrell Project, and the Canyon Project Redevelopment Plans and the Ordinances adopting each Plan shall be .deemed amended to provide that the shalt/ be merged and designated the Merged Redevelopment Project. Section 5: It is found and declared that receipts and expenditures from and into each of the Project areas, and into areas of the City not within a Project, are of substantial benefit to each of the Redevelopment Projects and to the City, and., subject to the provisions contained in proceedings for the issuance of any bonded indebtedness of the Agency outstanding on the effective date of this Ordinance, tax increment from any of the ' Projects may be used in any other of such Projects or in the City for any lawful purpose. Section 6: The Agency has established the Low and Moderate (Income Housing Fund and has made the findings required by Health and Safety Code: §§33334.2 and 33334.3 as to the amount heretofore and hereafter to be deposited into such Fund,which findings are deemed to be applicable under the requirements of Health and Safety Code §33487(a). Section 7: The Agency is authorized to incur indebtedness by bond resolution(s) or otheragreement(s)for the Tahquitz-Andreas Project,the Baristo-Farrell Project, and the Canyon Project, orfor such Redevelopment Projects as their respective areas are merged, pursuant to this Ordinance,pledging tax increment in such amount(s)as may be necessary (including reserve funds and costs) to finance or refinance indebtedness evidenced by resolutions or agreements pledging tax increment which are existing on the effective date of this Ordinance, and the amounts needed to service such indebtedness and the amounts paid under the Agreement referred to in the recitals hereof shall have a lien and claim upon the tax increment prior to the elimination of any deficit which may be created pursuant to Health and Safety Code §33487(d). The requirements of Health and Safes Code §33488 have been met. 4 ' 01583 Page 5 Section 8: Subject to applicable law, taxes attributable to each constituent Project area merged pursuant to the Ordinance which are allocated to the Agency pursuant to ' Section 33670 of the California Community Redevelopment Law, pursuant express action by the Agency, may be: A. Allocated by the Agency to the entire merged Project for the purpose of paying the principal of, and interest on, preexisting or future indebtedness incurred by the Agency to finance or refinance, in whole or in part, the merged Redevelopment Project; B. Allocated by the Agency expressly to one or more constituent Projects. Merger of the constituent projects itself is not deemed to be a cross-pledge of tax increment among the constituent Projects without specific future express action by the Agency. Section 9: The Tahquitz-Andreas Project, the Baristo-Farrell Project, and the Canyon Project are hereby merged pursuant to the provisions of Health and Safety Code §33486. Section 10: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance or the application thereof to any person, firm corporation, or circumstance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the remaining portions thereof. The City Council of the City of Palm Springs hereby declares that it would have adopted the Ordinance and each section, subsections, sentences, clauses, phrases, or portion hereof, irrespective of the fact that any one or more sections, subsection, sentence, clause, phrase, or portions be declared invalid or unconstitutional. Section 11: The City Clerk is hereby directed to transmit a copy of this Ordinance to the Agency, which shall be responsible for carrying out the Redevelopment Plans, as amended. Section 12: This Ordinance shall be in full force and effect thirty (30) days after passage. 1 Section 13: The City Clerk is hereby ordered and directed to certify to the passage of this Ordinance, and to cause the same or summary thereof, or a display advertisement, duly prepared according to law, to be published in accordance with law. ADOPTED this 31st day of May , 2000. AYES: Members Jones, Hodges, Oden, Reller—Spurgin, and Mayor Kleindiendst NOES: None ABSENT: None 5 01.583 Page 6 . ATTEST: CITY OF PALM SPRINGS, CALIFORNIA City Clerk Mayor REVIEWED AND APPROVED AS TO FORM: I HEREBY CERTIFY that the foregoing Ordinance 1583, was duly adopted by the City Coucil of the City of Palm Springs, California, in a meeting held on the 31st day of May, 2000, and that same was published in the: Desert Sun, a newspaper of general circulation on June 5, 2000. PATRICIA A. SANDERS City Clerk 6 Exhibit A THIRD AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE TAHQUITZ-ANDREAS REDEVELOPMENT PROJECT Adapted 7 f O--1 �-3 , 2000 Ordinance No. Prepared by CITY OF PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY PALM SPRINGS, CALIFORNIA PREFACE The Redevelopment Plan ("Redevelopment Plan') for the Tahquitz-Andreas Redevelopment Project was adopted on July 19, 1983, by City Council Ordinance No. 1187. The Redevelopment Project has been amended twice, on December21, 1994 by Ordinance No. 1489 and by Ordinance 1576 on December 15, 1999. The 1994 amendment added and revised the plan's financial time limits to collect tax increment to July 19, 2023 and to incur indebtedness to January 1, 2004 (except in the case of refunding debt or debt for low and moderate income housing purposes) in conformity with new Community Redevelopment Law maximums established by A6 1290 (Chapter 942, 1093 Statutes). The 1099 Amendment added ten additional years to the life of the Redevelopment Plan up to the maximums established by AB 1342 (Health and Safety Code Section 33333.6(f)(2)). This proposed amendment is the third amendment ("Third Amendment") to the Redevelopment PAn for the Tahquitz-Andreas Redevelopment Project ("Project). The purpose of this proposed Third Amendment is to merge the Projectwith the earisto-Farrell Project and the Canyon Redevelopment Project(collectively,the"Merged Redevelopment Project") pursuant to Article 16, Section 33485 et seq. of the Health and Safety Code. THIRD AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE TAHQUITZ-ANDREAS REDEVELOPMENT PROJECT The Tahquitz-Andreas Redevelopment Project shall be merged with the Baristo-Farrell Project and the Canyon Redevelopment Project, so that taxes attributable to each constituent project area are allocated to the Agency pursuant to Section 33670(b) of the Community Redevelopment Law are to be allocated to the entire Merged Redevelopment Project Area for the purpose of paying the principal of, and interest on, indebtedness incurred by the Agency to finance or refinance, in whole or in part, the Merged Redevelopment Project;except that any such taxes attributable to any constituent project area shall first be used to pay indebtedness in compliance with the terms of any bond resolution or other agreement pledging such taxes from the constituent project area,which resolution or other agreement was adopted or approved by the Agency prior to the merging of these ten projects. Except as noted above, tax increment revenue attributed to each constituent project may be used for any lawful purpose in any constituent project. Forfinancing purposes and for any other purposes permitted or required by law,the three constituent projects together and collectively, shall be called "Merged Redevelopment Project#2", and the constituent project areas together and collectively,shall be called the "Merged Redevelopment Project Area#2." THIRD AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE BARISTO-FARRELL REDEVELOPMENT PROJECT Adopted � 0 2000 Ordinance No. C/ Prepared by CITY OF PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY PALM SPRINGS, CALIFORNIA q, 17 PREFACE The Redevelopment Plan ("Redevelopment Plan")for the Baristo-Farrell Redevelopment Project was adopted on May 7, 1986, by City Council Ordinance No. 1264. The Redevelopment Project has been amended twice, on December 21, 1994 by Ordinance No. 1498 and by Ordinance 1576 on December 15, 1999. The 1994 amendment added and revised the plan's financial time limits to collect tax increment to May 7, 2026 and to incur indebtedness to May 7, 2006 (except in the case of refunding debt or debt for low and moderate income housing purposes) in conformity with new Community Redevelopment Law maximums established by AB 1290 (Chapter 942, 1993 Statutes). The 1999 Amendment added ten additional years to the life of the Redevelopment Plan Lip to the maximums established by AB '1342 (Health and Safety Code Section 33333.6(f)(2)). This proposed amendment is the third amendment ("Third Amendment") to the Redevelopment Plan for the Baristo-Farrell Redevelopment Project ("Project"). The purpose of this proposed Third Amendment is to merge the Project with the Tahquitz- Andreas Project and the Canyon Redevelopment Project (collectively, "Merged Redevelopment Project Area #2") pursuant to Article 16, Section 334B5 at seq. of the Health and Safety Code. THIRD AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE BARISTO-FARRELL REDEVELOPMENT PROJECT The Badsto-Farrell Redevelopment Project shall be merged with the Tahquitz-Andreas Project and the Canyon Redevelopment Project, so that taxes attributable to each constituent project area are allocated to the Agency pursuant to Section 33670(b) of the Community Redevelopment Law are to be allocated to the entire Merged Redevelopment Project Area for the purpose of paying the principal of, and interest on, indebtedness incurred by the Agency to finance or refinance, in whole or in part, the Merged Redevelopment Project; except that any such taxes attributable to any constituent project area shall first be used to pay indebtedness in compliance with the terms of any bond resolution or other agreementpledging such taxes from the constituent project area,which resolution or other agreement was adopted or approved by the Agency priorto the merging of these ten projects. Except as noted above, tax increment revenue attributed to each constituent project may be used for any lawful purpose in any constituent project Forfinancing purposes and forany other purposes permitted orrequired by law, the three constituent projects together and collectively, shall be called "Merged Redevelopment Project#2",and the constituent project areas together and collectively, shall be called the "Merged Redevelopment Project Area#2." c-�..-C. SECOND AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE CANYON REDEVELOPMENT PROJECT Adopter! 22 a, 3 2000 Ordinancb No- Prepared by CITY OF PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY PALM SPRINGS, CALIFORNIA ��� - 30 PREFACE The Redevelopment Plan ("Redevelopment Plan") for the Canyon Redevelopment Project was adopted on July 19, 1991, by City Council Ordinance No. 1388. The Redevelopment Project has been amended once, on December 21, 1994 by Ordinance No. 1492, The 1994 amendment added and revised the plan's financial time limits to collect tax increment to May 7, 2041 and to incur indebtedness to July 19, 2011 (except in the case of refunding debt or debt for low and moderate income housing purposes) in conformity with new Community Redevelopment Law maximums established by AB 1290 (Chapter942, 1993 Statutes)_ This proposed amendment is the second amendment ("Second Amendment") to the Redevelopment Plan for the Canyon Redevelopment Project ("Project"). The purpose of this proposed Second Amendment is to merge the Project with the Tahquitz-Andreas Project and the the @ansto-Farrell Project(collectively, the `Merged Redevelopment Project;) pursuant to Article 16, Section 33485 et seq. of the Health and Safety Code. c. ra- ra, 31 SECOND AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE CANYON REDEVELOPMENT PROJECT The Canyon Redevelopment Project shall be merged with the Tahquitz-Andreas Project and the Baristo-Farrell Project, so that taxes attributable to each constituent project area are allocated to the Agency pursuant to Section 33670(b) of the Community Redevelopment Law are to be allocated to the entire Merged Redevelopment ProjectArea forthe purpose of paying the principal of, and interest on, indebtedness incurred by the Agency to finance or refinance, in whole or in part, the Merged Redevelopment Project; except that any such taxes attributable to any constituent project area shall first be used to pay indebtedness in compliance with the terms of any bond resolution or other agreement pledging such taxes from the constituent project area, which resolution orother agreement was adopted or approved by the Agency priorto the merging of these ten projects. Except as noted above, tax increment revenue attributed to each constituent project may be used for any lawful purpose in any constituent project. For financing purposes and for any other purposes pennitted or required by law, the three constituent projects togetherand collectively,shall be called"Merged Redevelopment Project#2", and the constituent project areas together and collectively, shall be called the "Merged Redevelopment Project Area#2." C, fa '. 4� REDEVELOPMENT PROJECT AREAS I - 8 (Project Area 19 and Canyon Project Area on back- ) ................... .... .. ... .. ...... . ......... Business District 41 Tahquitz Andreas#2 ... ....... Central South Palm Canyon#3 Baristo Farrell fig Ramon Bogie#4 Canyon#10 Oasis 95 North Palm Canyon#6 RAC UE,T CLUB ROAD N Highland Gateway 47 z City Wide#9A to#91 VI TA CHINO w 3. w 0 0 60 ALEJO ROAD _J RAMON ROAD NN EAST PALM i. CENTRAL BUSINESS DISTRICT Arje o�v 2. TAHQUITZ-ANDREAS C ML At 3, SOUTH PALM CANYON 4. RAMON-GENE AUTRY TRAIL DR 5. OASIS 6, NORTH PALM CANYON T. HIGHLAND-GATEWAY 8. BARISTO-FARRELL PROJECT AREA 19 - CITYWIDE qc q A IIACOUETCLun ROAD , — vn-rn ruwn 6 , � � o r w• E z ALEIkl M)AD I z 5 8 LL 3 . 4A 4 MLM 9� RF 9H - ' C�NyrIN !H1lI.N Q� CANYON PROJECT AREA 4 1L J IL IL ra PD.766 .. 36 Walla r-bl. Sp—h - r � • xry� r h o to M. y, •Lr r.l� r'ro I n.Ir _ I r.