Loading...
HomeMy WebLinkAboutORD 324ORDINANCE NO. 324 - AMENDMENT NO. 3 AN ORDINANCE OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AND ADOPTING THE AMENDMENT TO THE REDEVELOPMENT PLAN FOR PROJECT AREA NO. 1, AS AMENDED. WHEREAS, the Palm Desert Redevelopment Agency, hereinafter referred to as the "Agency", has, pursuant to the direction and supervision of the City of Indian Wells, formulated and prepared the proposed Amendment to the Redevelopment Plan for Project Area No. 1, as amended, hereinafter referred to as the "Amendment to the Redevelopment Plan"; and WHEREAS, the Agency has adopted rules governing participation and rules for reasonable reentry preferences to property owners, operators of businesses and tenants in the Project Area; and WHEREAS, the Agency has adopted a Relocation Method which is to be extended to all persons who may be caused to be displaced resulting from Agency acquisition of certain property; and WHEREAS, the Agency submitted to the City Council of the City. of Palm Desert, hereinafter referred to as the "City Council", said Amendment to the Redevelopment Plan; and WHEREAS, the Agency has submitted the Report to City Council accompanying the Amendment to the Redevelopment Plan to the City Council; and WHEREAS, after due notice, a Joint Public Hearing has been held by the Agency and the City Council; and WHERERAS, all actions required by law have been taken by all appropriate public agencies; and WHEREAS, after said joint public hearing, the Agency approved said Amendment to the Redevelopment Plan and recommended adoption of said Amendment to the Redevelopment Plan to the City Council. NOW, THEREFORE, THE PEOPLE OF THE CITY OF PALM DESERT, CALIFORNIA, ORDAIN AS FOLLOWS: SECTION 1. The purposes and intent of the City Council rwith respect to the Project Area are, in addition to those already established in the original Redevelopment Plan and the previous Amendment to the Redevelopment Plan, to detach the portion of Project Area No. 1, as amended, which is within the boundaries of the City of Indian Wells. w ORDINANCE NO. 324 SECTION 2. The Amendment to the Redevelopment Plan for the Palm Desert Redevelopment Project, referred to herein as the "Amendment to the Redevelopment Plan", is hereby approved and adopted and the Redevelopment Plan, so amended, is hereby designated as the official Redevelopment Plan for Project Area No. 1, as amended, and is incorporated herein by reference. SECTION 3. The City Council hereby finds and determines that: (a) The Amendment to the Redevelopment Plan will redevelop the Project Area in conformity with the California Health and Safety Code, Section 33000 et. seq. in the interests of the public peace, health, safety, and welfare; (b) The adoption and carrying out of the Amendment to the Redevelopment Plan is economically sound and feasible; (c) The Amendment to the Redevelopment Plan conforms to the General Plan of the City of Palm Desert; (d) The carrying out of the Amendment to the Redevelopment Plan will promote the public peace, health, safety, and welfare of the City of Palm Desert and will effectuate the purposes and policies of the California Health and Safety Code, Section 33000 et. seq. SECTION 4. All written and oral objections to the Amendment to the Redevelopment Plan hereby are overruled. SECTION 5. The City Clerk hereby is directed to send a certified copy of this Ordinance to the Agency, and the Agency is hereby vested with the responsibility for carrying out the Amendment to the Redevelopment Plan. SECTION 6. The City Clerk hereby is directed to record with the County Recorder of Riverside County a description of the land within the portion of the Project Area to be detached under the California Health and Safety Code, Section 33000 et. seq. The Agency hereby is directed to effectuate recordation in compliance with the provisions of Section 27295 of the Government Code to the extent applicable. SECTION 7. The City Clerk is hereby directed to transmit a copy of the description recorded pursuant to Section 7 of this Ordinance and Section 33457 of the Health and Safety Code of the State of California, a copy of this Ordinance and a map or plot indicating the boundaries of the portion of Project Area No. 1, as amended, which is being detached, to the Auditor and Tax Assessor of the County of Riverside, to the officer of officers performing the functions of Auditor or Assessor for any taxing agencies which, in levying or collecting its taxes, do not use the County Assessment Roll or do not collect its taxes through the County; to the governing body of each of the taxing agencies which -2- 1 ORDINANCE NO. 324 levies taxes upon any property in Project Area No. 1, as amended, and to the State Board of Equalization. Such documents shall be transmitted as promptly as practicable following the adoption of this Ordinance, but in any event, such documents shall be transmitted within 30 days following the adoption of the Amendment to the Redevelopment Plan for Project Area No. 1, as amended. SECTION 8. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be published once in the newspaper of general circulation. PASSED, APPROVED, and ADOPTED by the City Council of the City of Palm Desert, California, at its regular meeting held on the 13th day of October , 1983, by the following vote, to wit: AYES: Jackson, Kelly, Snyder, Wilson & Pulugi NOES: None ABSENT: None ABSTAIN: None R S. PULUQI, M YO ATTEST: c SHEILA R. LIGAN, Y CLERK CITY OF PALM DESE T, CALIFORNIA -3- WLS-11A THIRD AMENDMENT TO THE REDEVELOPMENT PLAN FOR PROJECT AREA NO. 1 , AS AMENDED . WLS-12A Section 1 . The following terms shall have the following meanings in this Amendment unless the context requires otherwise : "Agency" means the Palm Desert Redevelopment Agency . "Amendment" or "Third Amendment" means this third Amendment to the Redevelopment Plan, as amended . "City" means the City of Palm Desert , California. "City Council" means the City Council of the City. "First Amendment" means the first Amendment to the Redevelopment Plan, approved and adopted by Ordinance No. 157 of the City. "Project Area" means the territory included within the original boundaries of Project Area No. 1 of the Agency, as set forth in the Redevelopment Plan approved and adopted by Ordinance No. 80 of the City. "Redevelopment Plan" means the Redevelopment Plan for the Project Area. "Redevelopment Plan" , as amended, means the Redevelopment Plan for Project Area No. 1 , approved and adopted by Ordinance No. 80 of the City , and as amended by the First Amendment and the Second Amendment. "Second Amendment" means the second Amendment to the Redevelopment Plan, approved and adopted by Ordinance No. 275 of the City. "Territory Added to the Project Area" means the -2- WLS-13A territory added to the Project Area pursuant to the Second Amendment . Section 2 . Section 10 on page 37 of the Redevelop- ment Plan is hereby amended to read as follows : "10 . DURATION OF THIS PLAN Except for the nondiscrimination and nonsegregation provisions which shall run in perpetuity, the provi- sions of this Plan shall be effective and the provi- sions of other documents formulated pursuant to this Plan may be made effective for 45 years from the date of adoption of this Plan by the City Council . By resolution, the Agency may provide that the provi- sions of this Plan shall be effective and that the provisions of other documents formulated pursuant to this Plan may be made effective beyond forty-five years upon a finding and determination by the Agency set forth in such resolution that extending the duration is necessary and appropriate in connection with the effective redevelopment of the Project Area or any territory added to the Project Area pursuant to an amendment to this Plan. " Section 3 . Section 4 on page 2 of the Second Amendment is hereby amended to read as follows: -3- WLS-14A SECTION 4 : AMENDMENT TO THE REDEVELOPMENT PLAN OBJECTIVES The objectives of the Redevelopment Plan are fully discussed in the "Redevelopment Plan, Project Area No. One" ( pages 8 and 9 ) , adopted by the City Council on July 6 , 1975 , (Ordinance No. 80 ) and the "Environ- mental Impact Report for the Redevelopment of Project Area No. 1" (page 2 ) . The objectives of the amendment to the Redevelopment Plan are limited to: 1 . The elimination or alleviation of flooding of property within the Project Area due to the laying out of lots in disregard of the contours and other topography or physical conditions of the ground and surrounding conditions. 2 . The provision of flood control facilities which cannot be provided by private or governmental action without redevelopment and which are neces- sary to solve the flooding problems . 3 . The provision of drainage facilities throughout the Project Area and the territory added to the Project Area pursuant to this Amendment. 4 . The provision of bridges across the Whitewater Channel at Monterey Avenue and Portola Avenue. 5. The provision of county public buildings , such as -4- . WLS-15A public safety buildings and correctional facilities . Section 4 . Section 5 beginning on page 2 and continuing to page 3 of the Second Amendment is hereby amended to read as follows: "SECTION 5 : PROPOSED REDEVELOPMENT ACTIONS In addition to those actions proposed in the Palm Desert Redevelopment Plan, the Agency proposes to eliminate and prevent the spread of blight in the Project Area by such actions as: 1 . Installation, construction, or reconstruction of flood control improvements, where necessary to accomplish flood control objectives, the installa- tion and construction of drainage facilities, bridges and public buildings. The following is a summary of flood control work the Agency intends to undertake. The Agency intends to implement Atlernative lA modified as originally described in the report "Engineering Report on Preliminary Design and Cost Estimate for Flood Control Works for Palm Desert - Rancho Mirage - Indian Wells by Bechtel , Inc. " This alternative represents the concept of diverting all flood waters emanating from the Dead Indian and Carrizo Creek Canyons into the exising Palm Valley Channel . This is combined with the concept of divert- -5- WLS-16A ing all flood waters from Deep Canyon flowing through the existing Deep Canyon Channel through Indian Wells , as is presently the case. A series of debris basins, collector channels and storm channels will be either constructed or strengthened in Dead Indian, Carrizo Creek , and Cat Creek Canyons. A more detailed descrip- tion of Alternative IA modified appears in the Appendix. 2. Review of proposed developments to assure their conformance with the objectives and proposals of this Amended Plan. The proposed Redevelopment actions are imperative due to two disastrous floods in 1976 and 1979 that devasta- ted Palm Desert and surrounding communities. On September 9 , 1976 , rainfall from tropical storm Kathleen began falling on the City of Palm Desert and surround- ing mountains. Relatively intense rainfall continued throughout the evening and into the afternoon of September 10th. Before the day was over, runoff from Carrizo, Grapevine and Dead Indian Creeks had created a wall of water several feet high that raced northeasterly through the urbanized area of Palm Desert. Upon reaching the Whitewater River Stormwater Channel , the main body of water had widened to nearly a mile. In its path , it had caused extensive damage to 500 homes -6- • WLS-17A in Palm Desert and 40 homes in Ranco Mirage. Damage estimates totaled $6, 299 , 000 in Palm Desert and $180 ,000 in Rancho Mirage. On September 23, 1976 , another storm of very high intensity again hit the Palm Desert area. The extent of the damage was intensified as a result of the effects of Tropical Storm Kathleen two weeks earlier. On this occasion, the damage was estimated at $900 ,000 in Palm Desert alone. Once again in July of 1979 , the Palm Desert area was hit by torrential rains. Flood waters roared out of the local canyons to the extent that the Cities of Palm Desert, Rancho Mirage, and Indian Wells suffered extensive flood damage. Damages in Rancho Mirage totaled $7 , 200, 000 while in Palm Desert final estimates of flood-related damage totaled $18 , 360,000 . In Palm Desert alone, 3 ,920 housing units experience flood damage. In Indian Wells , flooding occurred due to overflow of water from the Deep Canyon Stormwater Channel . This channel was overtopped as water from Dead Indian Creek, Carrizo Creek and Deep Canyon was directed through a system of dikes and channels into the Deep Canyon Stormwater Channel . Despite the breach of a sand dike above the City of Palm Desert which -7- ' WLS-18A dissipated much of the flow from Dead Indian Canyon and Carrizo Creek , the water traveling through the Deep Canyon Channel exceeded that channel 's capacity , resulting in damage to approximatley 60 homes in Indian Wells along with substantial damage to public facilities. In July , 1979 , the area experienced another storm. Although not of the same magnitude as the 1976 storm, damage accorded primariliy in the area of Highway 111 . Damage occurred as a result of water flowing from above Palm Desert , down Portola Avenue and subsequently east down State Highway 111 . " Section 5 . Paragraph E of Section 6 beginning on page 6 and continuing to page 7 of the Second Amendment is hereby amended to read as follows: "E. Project Impact on Residents and Surrounding Neighborhoods The proposed project , which is the addition of ter- ritory to an already existing Redevelopment area, is for the purpose of financing and construction of flood control facilities which will benefit the Cities of Palm Desert, Indian Wells , and Rancho Mirage. Other proposed projects are the installation of drainage facilities, bridges and public buildings. The flood -8- • WLS-19A control project will provide two major benefits to residents and surrounding neighborhoods. Firstly , it will protect the life, health , and property, which are constantly threatened by flooding . The Project Area is subject to flooding from two primary sources . Flooding can and does occur from local flows out of the adjoining Santa Rosa Mountains primarily from Cat Creek , Dead Indian, Carrizo, and Deep Canyons and has resulted in extensive damage to public and private property. The Project Area is prone to serious flooding from watershed runoff. The City lies at the base of the Santa Rosa Mountains whose steep gradients and barren rocky slopes wash water and debris down canyons and onto the alluvial fan contained within the Project Area. Considerable erosion occurs during the flooding process with eroded materials being deposited along roadways , across properties and inside commercial and residential structures. Severe damage has been sustained through- out the Project Area in the flood of September, 1976 , and in the flood of July , 1979. In both occurrences, the City was declared both a Local and Federal Disaster Area. Without the development of flood control facili- ties proposed by the Redevelopment Plan, the entire -9- • WLS-20A Project Area will continue to be subject to the hazards and economic losses resulting from the flooding condi- tions. Secondly, the proposed flood control project will delete all the area within the Redevelopment area boundaries from the provisions of the Federal Flood Insurance regulations , thereby creating a substantial savings to area residents for flood insurance premiums and restrictive land use and building requirements. " Section 6. Paragraph B of Section 15 beginning on page 8 and continuing to page 9 of the Second Amendment is hereby amended to read as follows: "B. Public Improvements The Agency is authorized to install and construct or to cause to be installed or constructed the flood control facilities and drainage facilities necessary to carry out the Plan. The Agency may also install and construct bridges and public buildings. Pursuant to Health & Safety Code Section 33445 , the Agency may, with the consent of the City Council , pay all or part of the value of any real property which is owned or which may be acquired by the City or other -10- • ' WLS-21A public agency within the areas shown for flood control improvements, drainage facilities, bridges or public buildings. Pursuant to Health & Safety Code Section 33445 , the Agency may , with the consent of the City Council , pay all or part of the cost of the installation and con- struction of any flood control facility or flood control improvement , drainage facilities, bridges or public buildings. Such drainage facilities are generally described in the "City of Palm Desert , Master Drainage Plan , " dated August , 1976 , prepared by Harold Howsley, in association with Willdan and Associates . Such bridges will generally be located across the Whitewater Channel at Monterey Avenue and Portola Avenue, and such public buildings will be county public safety buildings and correctional facilities. Section 7 . Section 23 on page 11 of the Second Amendment is hereby amended to read as follows: "Section 23. LIMITATION ON THE NUMBER OF DOLLARS WHICH MAY BE DIVIDED AND ALLOCATED TO THE AGENCY FROM THE AMENDED AREA The limit on the number of dollars of taxes which may be divided and allocated to the Agency from the area -11- • WLS-22A added to the Project Area by this Amendment pursuant to Section 21 hereof and Section 33670 (b ) is one hundred million dollars ( S100 , 000 , 000 . 00) . " Section 8 . Section 24 on page 11 of the Second Amendment is hereby amended to read as follows: "Section 24: TIME LIMIT ON THE ESTABLISHING OF LOANS , ADVANCES , AND INDEBTEDNESS TO FINANCE IN WHOLE OR IN PART THE REDEVELOPMENT PROJECT Loans, advances and indebtedness to finance in whole or in part the Redevelopment Project contemplated by this Amendment and secured by the taxes allocated pursuant to Section 23 above shall be established or incurred within fifteen ( 15 ) years following the effective date of adoption of the ordinance adopting this Amend- ment. Such loans , advances or indebtedness may be repaid over a period of time longer than such limit. " Section 9 . Section 25 on page 11 of the Second Amendment is hereby amended to read as follows: "SECTION 25 : LIMITATION ON THE AMOUNT OF BONDED INDEBTEDNESS The limit on the amount of bonded indebtedness to be -12- • • WLS-23A paid in whole or in part from allocation of taxes pursuant to Section 23 of this Amendment , which can be outstanding at one time is fifty million dollars ($50, 000 , 000 ) . " Section 10 . Section 31 on page 12 of the Second Amendment is hereby amended to read as follows: "SECTION 31 : DURATION OF THIS AMENDMENT Except for the nondiscrimination and nonsegregation provisions which shall run in perpetuity , the pro- visions of this Amendment shall be effective and the provisions of other documents formulated pursuant to this Plan may be made effective for 35 years from the date of adoption of this Amendment by Ordinance of the City. By resolution, the Agency may provide that the provisions of this Amendment shall be effective and that the provisions of other documents formulated pursuant to this Amendment may be made effective beyond thirty-five years upon a finding and determination by the Agency set forth in such resolution that extending the duration is necessary and appropriate in connection with the redevelopment of the Territory added to the Project Area pursuant to this Amendment . " -13- WLS-24A • Section 11. Sections 3 through 10 of this Third Amendment are intended to and shall apply only to the provisions of the Second Amendment . Sections 3 through 10 of this Amendment are not intended to and shall not be construed to amend, modify or change the provisions of the Redevelopment Plan. -14-