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HomeMy WebLinkAboutORD 397ORDINANCE NO. 397 AMENDMENT NO. 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AND ADOPTING AN AMENDMENT TO THE REDEVELOPMENT PLAN FOR PROJECT AREA NO. 1 THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DOES ORDAIN AS FOLLOWS: Section 1: The purposes and intent of the City Council with respect to Project Area No. 1 are to eliminate the conditions of blight existing in the Project Area and to prevent their recurrence by undertaking appropriate redevelopment projects pursuant to the Community Redevelopment Law, California Health and Safety Code Sections 33000, et seq. (the "Law). Section 2: The Amendment to the Redevelopment Plan for Redevelopment Project Area No. 1 (the "Amendment"), attached hereto as Exhibit "A", is incorporated herein by this reference. Section 3: Based upon the record of the joint public hearing held on the Amendment, the various reports and other information provided to the City Council, the City Council hereby finds and determines that: A. The Project Area is a blighted area, the redevelopment of which is necessary to effectuate the public purposes declared in the Law. B. The Amendment would redevelop the area in conformity with the Law and in the interest of the public peace, health, safety and welfare. C. The adoption and carrying out of the Amendment is economically sound and feasible. D. The Amendment conforms to the General Plan of the City of Palm Desert. E. The carrying out of the Amendment would promote the public peace, health, safety and welfare of the City of Palm Desert and would effectuate the purposes and policies of the Law. F. The condemnation of real property is necessary to the execution of the Amendment and adequate provisions have been made for payment for property to be acquired as provided by Law. G. Although the Palm Desert Redevelopment Agency does not intend to displace any families or persons from the Project Area, the Agency has a feasible method or plan for the relocation of families and persons which may be displaced from the Project Area if the Amendment may result in the temporary or permanent displacement of any occupants of housing facilities in the Project Area. H. Although the Agency does not intend to displace any families or persons from the Project Area, there are or are being provided in the Project Area or in 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 may be displaced from the Project Area, 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. I. The inclusion in the Project Area of any lands, buildings or improvement which are not detrimental to the public health, safety or welfare is necessary for the effective redevelopment of the area of which they are a part; any such area included is necessary for effective redevelopment and is not included for the purpose of obtaining the allocation of tax increment revenues from such area pursuant to California Health and Safety Code Section 33670 without other substantial justification for its inclusion. ORDINANCE NO. 397 J. The elimination of blight and the redevelopment of the Project Area could not reasonably be expected to be accomplished by private enterprise acting alone without the aid and assistance of the Agency. Section 4: Based upon the record of such joint public hearing and the various reports and other information provided to the City Council, although the Agency does not intend to displace any families or persons in the Project Area, the City Council is satisfied permanent housing facilities will be available within three years from the time occupants as of the Project Area may be displaced and that pending the development of such facilities, there will be available to such occupants who may be displaced adequate temporary housing facilities at rents comparable to those at the time of displacement. Section 5: Based upon the record of such joint public hearing and the various reports and other information provided to the City Council, the City Council is convinced that the effect of tax increment financing will not cause a severe financial burden or detriment on any taxing agency deriving revenues from the Project Area. Section 6: The Amendment is hereby approved and adopted and. is hereby designated as an official Amendment to the•Redevelopment Plan for Project Area No. 1 and this ordinance shall be amendatory of Ordinance No. 80 of the City of Palm Desert. PASSED, APPROVED, AND ADOPTED this 29th day of November 91984 by the following vote, to wit: AYES: BENSON, JACKSON, KELLY, WILSON AND SNYDER NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: SHEILA R. GILL AN, CI LERK CITY OF PALM DESERT, CAZIFORNIA ORDINANCE NO. 397 • r EXHIBIT "A" AMENDMENT TO THE REDEVELOPMENT PLAN FOR PROJECT AREA NO. 1 ORDINANCE NO. 397 INTRODUCTION The City Council of the City of Palm Desert, pursuant to Ordinance No. 80 of the City, approved and adopted the Redevelopment Plan for Project Area No. 1 of the Agency on July 16, 1975. Thereafter, on March 24, 1977, the City Council, pursuant to Ordinance No. 157 of the City, approved and adopted an Amendment making certain changes to the text of such Redevelopment Plan. On November 25 v 191g1, the -City. Council, pursuant to'.. Ordinance No. 275 of the City, approved and adopted a second Amendment to the Redevelopment Plan which added a substantial amount of new territory to Project Area No. 1. The second Amendment did not affect and made no changes to the text of the Redevelopment Plan with respect to the territory included within the original boundaries of Project Area No. 1. The application of the text and of the second Amendment was and is confined to the territory added to the Project Area pursuant to the second Amendment. On October 13, 1983, the City Council, pursuant to Ordinance No. 324 of the City, further amended the Redevelopment Plan by deleting a portion of the territory added to Project Area No. 1 pur- suant to the second Amendment which was within the territorial limits of the City of Indian Wells. -1- Aatoot W 0016MLs 0 ORDINANCE NO. 397 This Fourth Amendment to the Redevelopment Plan makes certain changes to the text of the original -Redevelopment Plan (Section 2 hereof) and to the text of the second Amendment sections 3 through 10 hereof). The changes made by this Amendment to the text of the second Amendment are not to -be construed to amend, modify, change or affect in any way the text of the original Redevelopment Plan as it applies to the territory within the original boundaries of Project Area No. 1 and the taxes allocated to the Agency from such territory. MC 841001 an 0016VLS 0 ORDINANCE NO. 397 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 "Fourth" Amendment means this fourth amendment to the Redevelopment Plan. "City" means the City of Palm Desert, California. "City.Council" means.the City Council of the.C-ity.. "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. -3- 841001 am 0016WLS 0 or ORDINANCE NO. 397 "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 territory added to the Project Area pursuant to the Second Amendment. "Third Amendment" means the third amendment to the Redevelopment Plan, approved and adopted by Ordinance No. 324 of the City. -4- 841001 M 0016WL5 0 ORDINANCE NO. 397 Section 2. Section 10 on page 37 of the Redevelop - meet 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 provisions of this Plan shall be effective and the provisions 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 provisions 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." -5- 841001 an 0016WLS 0 ORDINANCE NO. 397 Section 3. Section 4 on page 2 of the Second Amendment is hereby amended to read as follows: "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 'Environmental 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. -6- 841001 m 0016WLS 0 ORDINANCE NO. 397 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. S. The provision of county public buildings, such as public safety buildings and correctional facilities. " _7_ 841001 as 0016OLS 0 ORDINANCE N0. 397 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 Alternative 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 Q-= 841001 M 0016WLS 0 ORDINANCE NO. 397 Indian and Carrizo Creek Canyons into the existing Palm Valley Channel. This is combined with the concept of diverting 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 description of Alternative IA modified appears in the Appendix. .2. . Review of proposed developments to.asaure.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 devastated Palm Desert and surrounding communities. On September 9, 1976, rainfall from tropical storm Kathleen began falling on the City of Palm Desert and surrounding mountains. Relatively intense rainfall continued throughout the evening atnd 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 _g_ 841001 an 0016VLS 0 ORDINANCE NO. 397 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 in Palm Desert and 40 homes in Rancho 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 $900,400 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 hosing 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 -10- 841001 M 00161QS 0 ORDINANCE NO. 397 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 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 approximately 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 -primarily -in the area of -..Highway lll. Damage occurred as a result of water flowing from above Palm Desert, down Portola Avenue and subsequently east down State Highway 111." -11- e41W1 a. 0016MLS 0 ORDINANCE NO. 397 Section S. 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 Surroundin rnooas The proposed project, which is the addition of territory 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 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 -12- 841001 w 0016WLS 0 ORDINANCE NO. 397 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 throughout 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 facilities proposed by the.Redevelopment.•Plan,.the entire.Project.. Area will continue to be subject to the hazards and economic losses resulting from the flooding conditions. 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: -13- 841001 sw 0016ULS 0 ORDINANCE NO. 397 "H. 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 public agency within the areas shown for flood control improvements, drainage _facilities, bridges o; 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 Will.dan 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." -14- 841001 am 0016WLS 0 ORDINANCE NO. 397 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 added to the Project Area by this Amendment pursuant to Section 21 hereof and Section 3.3670(b) is one hundred .fifty million dollars ($150,000,000)." -15- 641001 M 0016WLS 0 ORDINANCE NO. 397 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 Amendment. Such loans, advances or indebtedness may be repaid over a period of time longer than such limit." -16- $41001 am 0016WLS 0 ORDINANCE NO. 397 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 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).." _17_ $41001 am 0016WLS 0 ORDINANCE NO. 397 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 provisions 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." -18- 441001 ew 0016WLS 0 ORDINANCE NO. 397 Section 11. Sections 3 through 10 of this Fourth Amendment are intended to and shall apply only to the provisions of the Second Amendment. Sections 3 through 10 of this Fourth Amendment are not intended to and shall not be construed to amend, modify, change or affect in any way the provisions of the Redevelopment Plan. -19- 841001 an 0016111S 0