HomeMy WebLinkAboutORD 628ORDINANCE NO. 628 AMENDMENT NO. 6
AN ORDINANCE OF THE CITY OF PALM DESERT,
CALIFORNIA, APPROVING AND ADOPTING AN
AMENDMENT TO THE REDEVELOPMENT PLAN, AS
AMENDED, FOR PROJECT AREA NO. 1, AS AMENDED,
OF THE PALM DESERT REDEVELOPMENT AGENCY
THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA, DOES ORDAIN AS FOLLOWS:
Section 1. The Palm Desert Redevelopment Agency has
recommended the amendment of the Redevelopment Plan, As Amended,
(the "Redevelopment Plan") for Project Area No. 1, As Amended
(the "Project Area"), by the City Council by ordinance in
accordance with proposed Amendment No. 6 to the Redevelopment
Plan, attached hereto ("Amendment No. 6").
Section.a. Amendment No. 6 to the Redevelopment Plan,
As Amended, is hereby incorporated by this reference.
Section 3. As established in the Redevelopment Plan,
the purposes and intent of the City Council with respect to the
territory added to the Project Area (the "Added Territory") are
to eliminate the conditions of blight existing in the Added
Territory and to prevent their reoccurrence by undertaking all
appropriate redevelopment projects pursuant to the Community
Redevelopment Law, California Health and Safety Code, Section
33000, &t M. (the "Community Redevelopment Law").
Section A. Based upon the record of the joint public
hearing on Amendment No. 6 and the various reports and other
information provided to the City Council in accordance with
Health and Safety Code Sections 33352 and 33457.1, the City
Council hereby makes the following findings and determinations as
warranted by Amendment No. 6:
A. The Redevelopment Plan, as amended by Amend-
ment No. 6, would redevelop the Added Territory in conformity
with the Community Redevelopment Law, and in the interests of the
public peace, health, safety and welfare. The implementation of
the Redevelopment Plan, as amended by Amendment No. 6, will
eliminate conditions of blight within the Added Territory. The
decision by the City Council in connection with the adoption of
Ordinance No. 275, adopted on November 25, 1981, is final and
conclusive and after that date it has been, is and shall be con-
clusively presumed that the Added Territory is a blighted area.
The Redevelopment Plan, as amended by Amendment No. 6, provides
for the installation and construction of public improvements.
The Redevelopment Plan, as amended by Amendment No. 6, also pro-
vides for rehabilitation of public and private structures. These
improvements are essential to encouraging private investment and
eliminating the conditions of blight in the Added Territory and
preventing their reoccurrence.
ORDINANCE NO. 628
B. The adoption and carrying out of the
Redevelopment Plan, as amended by Amendment No. 6, is economic-
ally sound and feasible. The tax increment revenues projected to
be available to the Palm Desert Redevelopment Agency from the
Added Territory will be sufficient to pay for the principal of
and interest on the bonds or other obligations issued by the
Agency to finance its redevelopment activities in the Added
Territory. In addition, there are available to the Agency other
methods of financing its redevelopment activities, including but
not limited to bonds issued pursuant to Health and Safety Code
Section 33750 or Section 33641(d). The Agency may receive
financial assistance from the County of Riverside, State of
California, federal government, and any other public agency. As
available, other funds also may be used to pay the costs of the
Agency's redevelopment activities, including but not limited
Community Development Block Grant funds.
C. The Redevelopment Plan, as amended by Amend-
ment No. 6, conforms to the General Plan of the City of Palm
Desert as set forth in the findings of the Planning Commission in
its Resolution No. 1474. The Redevelopment Plan, as amended by
Amendment No. 6, proposes land uses and public improvements
contemplated by the General Plan and the goals and objectives of
such Plan.
D. The carrying out of the Redevelopment Plan, -
as amended by Amendment No. 6, would promote the public peace,
health, safety and welfare of the City of Palm Desert and would
effectuate the purposes and policy of the Community Redevelopment
Law. The implementation of the Redevelopment Plan, as amended by
Amendment No. 6, will eliminate conditions of blight within the
Added Territory. Redevelopment will correct underutilization of
parcels, nonconforming land uses and incompatible land uses. The
Redevelopment Plan, as amended by Amendment No. 6, provides for
the installation and construction of public improvements. The
Redevelopment Plan, as amended by Amendment No. 6, also provides
for the rehabilitation of public and private structures.
E. The condemnation of real property is neces-
sary to the execution of the Redevelopment Plan and adequate
provisions have been made for payment acquired as provided by
law. The completion of the proposed public improvements may
involve real property acquisition. No real property will be;
condemned without the payment of compensation required by law.
F. Although it is not anticipated that it will
be necessary to relocate any families and persons as the result
of implementation of the Redevelopment Plan, as amended by
Amendment No. 6, the Agency has a feasible method or plan for the
relocation of families and persons displaced from the Added
Territory if the -Redevelopment Plan may result in the temporary
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ORDINANCE NO. 628
or permanent displacement of any occupants of housing facilities
in the Added Territory.
G. Although it is not anticipated that it will
be necessary to relocate any families and persons as the result
of implementation of the Redevelopment Plan, as amended by Amend-
ment No. 6, there are, or are being provided, in the Added
Territory 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, if any, who may be displaced from the Added Terri-
tory, 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.
H. The elimination of blight and the redevelopment
of the Added Territory could not reasonably be expected to be
accomplished by private enterprise acting alone without the aid
and assistance of the Agency. Substantial public improvements
must be constructed to assist in the elimination of conditions of
blight in the Added Territory. The extent of the required public
improvements cannot be accomplished by private enterprise acting
alone.
I. Based upon the record of the joint public
hearing on Amendment No. 6 and the various reports and other
information provided to the City Council, and the consultations
of the Staff of the Agency with the affected taxing agencies, the
City Council is convinced that the effect of tax increment
financing will not cause a significant financial burden or
detriment on any taxing agency deriving revenues from the Added
Territory. Each of the affected taxing agencies is receiving
property taxes levied on the base year assessment roll of the
Added Territory which is approximately $653,000,000. The current
assessed value of the increment of taxable property in the Added
Territory above the base year is approximately $750,000,000.
Therefore, only a minuscule portion of the revenues of the
affected taxing agencies are attributable to property tax
revenues derived from the increment of assessed valuation above
the base year. The current assessed value of the taxable
property in the County of Riverside is in excess of $61 billion.
The current assessed value of the taxable property in the County
Free Library District is in excess of $31 billion. The current
assessed value of the taxable property in the County Structure
Fire District is in excess of $28 billion. The current assessed
value of the taxable property in the College of the Desert
Community College is in excess of $18 billion. The current
assessed value of the taxable property in the Coachella Valley
Water District is in excess of $13 billion. The current assessed
value of the taxable property in the Coachella Valley Resource
Conservation District is in excess of $3 billion. The current
assessed value of the taxable property in the Coachella Valley
Recreation and Parks District is in excess of $9 billion. The
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ORDINANCE NO. 628
1*1
ci -ent assessed value :)f the taxable property in the Coachella
V. ey Mosquito Abates nt District is in excess of $18 billion.
Tr._ current assessed value of the taxable property in the
Riverside County Office of Education is in excess of $58 billion.
The current assessed value of the taxable property in the
Coachella Valley Cemetery District is in excess of $9 billion.
The current assessed value of the taxable property in the Desert
Sands Unified School District is in excess of $8 billion. The
current assessed value of the taxable property in the Palm
Springs Unified School District is in excess of $8 billion. The
current assessed value of the taxable property in the Desert
Hospital is in excess of $11 billion. The current assessed value
of the taxable property in the Palm Springs Cemetery District is
in excess of $8 billion. Therefore, the assessed value of the
Added Territory, and particularly the assessed value of the
increment of the taxable property above the base year, is an
insignificant portion of the assessed value of the taxable
property within the territorial limits of the respective taxing
agencies. In addition, school districts are reimbursed dollar for
dollar under State law for property tax revenues allocated to a
redevelopment agency. The Agency is authorized by the Community
Redevelopment Law to pay to any taxing agency any amounts of
money which the Agency has found are necessary and appropriate to
alleviate financial burden or detriment upon presentation of
substantial evidence of such financial burden or detriment by the
taxing agencies. Upon presentation of substantial evidence of a _
significant financial burden or detriment to any taxing agency,
the Agency shall give due consideration to such payment.
Section 5. Although it is not anticipated that it will
be necessary to relocate any persons or families as a result of
the implementation of the Redevelopment Plan, as amended by
Amendment No. 6, based upon the record of the joint public hear-
ing held on Amendment No. 6 and the various reports and other
information provided to the City Council, the City Council is
satisfied that permanent housing facilities will be available
within three years from the time occupants of the Added Territory
may be displaced and that pending the development of such facili-
ties, there will be available to such occupants who may be dis-
placed adequate temporary housing facilities at rents comparable
to those in the City of Palm Desert at the time of their
displacement.
,section A. Amendment No. 6 is hereby approved and
adopted as and is hereby designated as an official amendment to
the Redevelopment Plan.
Section 7. The Redevelopment Plan, as amended by
Amendment No. 6, is hereby approved and adopted and is hereby
designated and shall constitute the Official Redevelopment Plan,
As Amended, for Project Area No. 1, As Amended.
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ORDINANCE NO. 628
Section.a. Ordinance No. 80, as amended by Ordinance
No. 157, as amended by Ordinance No. 166, as amended by
Ordinance No. 275, as amended by Ordinance No. 324, as amended by
Ordinance No. 397, as amended by Ordinance No. 589, is hereby
further amended to include all of the provisions hereof and to
revise the Redevelopment Plan, as amended, in accordance with
Amendment No. 6.
Section 9. If any section, subsection, sentence,
clause or phrase of this Ordinance is for any reason held to be
invalid or unconstitutional by the decision of any court of com-
petent jurisdiction, such decision shall not affect the validity
of the remaining portions of the Ordinance. The City Council
hereby declares that it would have passed this Ordinance and each
section, subsection, sentence, clause and phrase thereof, irre-
spective of the fact that any one or more sections, subsections,
sentences, clauses or phrases be declared invalid or
unconstitutional.
PASSED, APPROVED AND ADOPTED this 24thday of January
1991 by the following vote, to wit:
AYES: SENSON, CRITES, KELLY, SIMER
NOES: NONE
ABSENT: WILSON
ABSTAIN: NONE
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ORDINANCE NO. 628
SIXTH A)MNMMNT
TO THE
RZDZVZWPHUT PLAN, Sa AIMM,
FOR
PPA=CT AAZA NO. 11 AS AMDSD
ORDINANCE 628
INTRODUCTION
The City Council of the City of Palm Desart, pursuant to
ordinance No. •o of the City, approved and adopted the
Redevelopment Plan for Project Area No. i of the Agency on
July 16, 1975.
on March 24, 1977 and August 25, 1977, the City Council,
pursuant to Ordinance No. 157 and Ordinance No. 166 of the City,
respectively, approved and adopted the First Amendments making
certain changes to the tent of the Redevelopment plan.
On November 25, 1941, the City Council, pursuant to
ordinance No. 275 of the City, approved and adopted the 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 of the Second Amendment was and is confined to the
Territory Added to the project Area pursuant to the Second
Amendment.
On October 13, 19S30 the City Council, pursuant to Ordinance
No. 324 of the City, approved and adopted the Third Amendment to
the Redevelopment Plan which deleted a portion of the Territory
Added to the Project Area pursuant to the Second Amendment which
was within the territorial limits of the City of Indian Wells.
On November 29, imp the City Council, pursuant to
Ordinance No. 397 of the City, approved and adopted the Fourth
Amendment to the Redevelopment Plan which made certain changes to
the text of the Red*velopsant Plan and to the text of the Second
Amendment. The changes ude by the fourth Amendment to the text
of the Second AmenQaent did not amend, modify, change or affect
the text of the Redevelopment Plan with respect to the territory
included within the original boundaries of the Project Area.
On Deceaber 7, 19i9, the City Council, pursuant to
Ordinance No. 389 of the City, a proved and adopted the fifth
Amendment to the Radenrelopmeat Plan which provided that it any
land use or proposed land use within a certain portion of the
Project Area conforms to the General Plan or Zoning Ordinance of
the City, than raft land use or proposed land use shall be deemed
to comply with any and all land use restrictions contained in the
Redevelopment Plan.
This Sixth Amendment to the Redevelopment Plan makes cartsin
changes to the text of the second Amendment, as amended by the
*ourth Amendment (sections 2 through 10 hereof). The changes
made by this Sixth Aasadaent to the text of the Second Amendment,
901205 §Jh 16 m01 (01
0RDI:IA_\;CE '10. 628
as amended 2y the Fourth Amendment, are not to be construe to
amend, modify, change or affect the tart 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.
Section I. The followinq terms shall have the following
meanings in this Sixth Amendment unless the context requires
otherwise:
"Added Territory" or "Territory Added to the Project Area"
or "Amended Area" means the territory added to the project Area
Pursuant to the 6econd Amendment.
"Agency" means the Palm Desert Redevelopment Agency.
"Amended Project Area" or "Project Area, As Amended," means
the area included vithin the boundaries of Project Area No. 1, as
amended by the Second Amendment and the Third Amendment.
"Amendment" or "sixth Amendment" means this Sixth Amendment
to the Redevelopment Plan.
"City" means the City of Palm Desert, California.
"City Council" means the City Council of the city.
"Firth Amendment" means the Fifth Amendment to the
Redevelopment Plan, approved and adopted by Ordinance No. 599 of
the City.
"First Asendmsnts" now the first Amendments to the
Redevelopment Plan, approved and adopted by Ordinance No. 157 and
Ordinance No. 166, respectively, of the City.
"Fourth Aaendmen' means the Fourth Amendment to the
Redevelopment Plan, ap,r; aved and adopted by Ordinance No. 397 of
the City.
ItProjeat Area" means the territory included within the
oriqinal boundaries of Project Area No. 1 of the Agency, as set
forth in the Redevelopment Plan approved and adopted -by
ordinance No. •0 of the city.
"Redevelopment Plan" or "Plan" means the Redevelopment Plan
for the Project Area.
"Second Amendment" means the Second Amendment to the
Redevelopment Plan, approved and adopted by Ordinance No. 273 o:
the City.
"Third Amendment" means the Third Amendment to the
Redevelopment Plan, approved and adopted by Ordinance No. 324 of
the city.
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DROIVA:ICE v0. 523
Section 2. Section 4 on page 2 of the second Amendment, as
amended by Section 3 beginning on page 4 and continuing to page 7
of the Fourth Amendment, is hereby amended to read as follows:
The objectives of the Redevelopment plan are
fully discussed in the IRedsveletes nt plan- preitet
Area No. 1+ (pages 9 and 9), adopted by the City
Council on July #o 1973 (Ordinance No. 90), and the
1 omu i se—sam—end — 7
' (page 2)..
the objectives of the amgndmsnt to the Redevelopment
Plan are limited tot
1. The elimination or alleviation of flooding of
property within the Project Area due to the laying
out of Iota 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 flood ni gpm:oblemmus.
3. The provision of drainage facilities throughout
the project Area and the territory added to the
Project Area pursuant to this Aseadmsnt0
4. The provision of bridges across the ahitevater
Channel at Nontersy Avenue, Portola Avenue and
Cook Street.
S. The provision of county public buildings, such as
public safety buildings and correctional
facilities.
d. The acquisition of land, buildings, structures,
facilities or improvements, the assembly of lands,
buildings, structures, facilities or improvements,
the disposal of land, build, structures,
lacilitiu or improvements and payment for all or
part of the value of the land for and we cost of
installation and construction of buildings, struc-
tures, facilities or imnprovemmts in furtherance
of or as described in the Palma Village specific
Plan, approved by the City Council of the City in
June, 1995t the Civic Center Kaster Plan, approved
by the Agency in July, 19841 the Commercial core
Area Specific Plan, approved by the City Council
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ORDINANCE NO. 623
of the City in July, 19871 child car- facilities,
a uansit system, which is partially sescribsd in
the •eopinq Study for Phase I Palm Desert People
hover System Report and in furtherance of
improvinq and increasing the City's supply of
affordable housing."
Section 3. Section S beginning on page 2 and continuing to
page 3 of the Second Amendment, as amended by Section a beginning
cn page I and continuinq to page it of the fourth Amendment, is
hereby amended to read as follayss
4. 1I a;r -y(*I J
In addition to those actions proposed in the Palm
Desert Redevelopment plan, the Agency roposea to
eliminate and pro -ant the spread of blignt in the Added
Territory by such actions as:
1. installation, construction, or reconstruction of flood
control improvements, where necessary to accomplish
flood control objectives, the installation and con-
struction of drainage facilities, bridges and public
buildings.
The following is a summary of flood control worX the
Agency intends to undertake. The gersoy intends to
implement Alternative 1A modified as originally
described in the report ' Vgimwririq Report on
Preliminary Design and Cost Estiaats for Flood Control
works for Pala Desert - Rancho Mirage - Indian wells by
Bechtel, Inc.' This alternative rsprsssnts the concept
of divertinq all flood waters eeanatinq from the Dead
Indian and Carriso Crook Canyons into the existing Palm
valle�- Channel. This is combined with the concept of
divert..nq 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,
Carrisc Creek, and Cat Creek Canyons. A more detailed
description of Alternative IA modified appears in the
Append X.
2. Rwiew 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
devastated palm Desert and surrounding eoasuni-
ties. on September 9, 1979, rainfall from tropi-
cal storm Kathleen began falling on the City of
Palm Desert and surroundinq mountains. Relatively
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ORDINANCE NO. 623
intense rainfall continued throughout the eveninq
and into the afternoon of SOPteaber loth. sefore
the day was over, runoff from Carriso, arapevine
and Dead Indian Creeks had created a gall of water
several feet high that raced northeasterly through
the urbanized area of pals 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 s00
homes in Pals Desert and 40 homes in Rancho
Mirage. Damage estimates totaled i6,2990000 in
Palm Desert and $180,000 in Rancho Mirage.
On September 23, 19761 another storm of very high
intensity again hit the Pals Desert area. The
extent of the damage was intensified as a result
Of the affects of Tropical Storm Kathleen two
weeks earlier. on this occasion, the damage was
estimated at $900,000 in Pals Desert alone.
Once again in JUly of 1979, the Palm Desert area
was hit by torrential rains. Mood waters roared
out of the local canyons to the extent that the
Cities of Pals Desert, Rancho Mirage, and Indian
Wells suffered extensive flood damage. Damages in
Rancho Mirage totaled $7,2000000 while in Pals
Desert final estimates of flood -related damage
totaled $18,360,000. In Pals Desert alone, 3,920
housing units experienced flood damage. In Indian
Wells, flooding 000urred due to awrflow of water
channel vaa arm n eas ater Channel. ter roe Dead Indian
Creek,, Carriso i�and Deep Canyon was directed
through a system of dikes and channels into the
r Channel. Despite the
bDeep reach otoa sand dike above the City of Pals
Desert which dissipated sash of the flow from Dead
Indi"Con and Carrizo Creek, the water travel-
ing the Deep Canyon Channel exceeded that
channel'@ capacity, resulting in damage to approx-
isatelY 60 hassa Indian Wells along with sub-
stantial damage to public facilities.
In July, 1979, the area experienced another
stars. Although not of the same magnitude as the
1976 storm, damage occurred primarily in the area
Of Highway ill. Damage occurred as a result of
water flowing from above Pals Desert, down Portola
Avenue and subsequently east down State Highway
Ill.
3. The acquisition of land, buildings, structures,
facilities or improvements, the assembly of lands,
buildings, structures, facilities or improvements,
90.235 GP 16mai (o) -S-
CADINANCE V0. 62S
the disposal of land, buildings, structures,
facilities -,:r improvements and paysent for all or
part of the ,ralue of the land for and the coat of
installation and construction of buildings, struc-
tures, facilities or improvements in furtherance
of or as described in the Palma Village specific
Plan, approved by the City Council of the City in
June, 19951 the Civic Center Kanter Plan, approved
by the Aqency in July, 1968; the Commercial Cora
Area specific plan, approval by the City Council
of the City in July, 1987; child care facilities,
a transit system, which is partially described in
the •copinq study for Phase I Pala Desert People
Kover system Report and in furtherance or
improvinq and increasinq the City's supply of
affordable housing."
section 6. Paragraph I of section 6 beginning on page 6 and
continuing to paes 7 of the second Aaendment, as amended by Sec-
tion S beginninq 3n page 12 and continuing to page 12 of the
Fourth Amendment, is hereby amended to read as follows:
"s
The proposed project, which is the addition of terri-
tory to an already existing Radevelopaent area, is for
the purpose of financing and oo-struotion of flood con-
trol facilities which will benefit the Cities of Pala
Desert, Indian Wells, and Rancho Mirage. other
proposed projects are the installation of drainage
facilities, bridges and public buildings and the acqui-
sition of land, buildings, structures, facilities or
improvements, the assembly of lands, buildings, sU%c-
tures, facilities or isprovesents, the disposal of
land, buildings, structures, facilities or iaprovsaents
and payment for all or part of the value of the land
for and the cost of installation and construction or
buildings,,struaturse, facilities or isproversenta in
furtherance of or as described in the Palma Village
specific plan, approved by the City Council of the
city is June, 19651 the Civic Center faster Plan,
approved by the Agency in July, 19sat the Commercial
Core Area Specific Plan, approved by the City Council
of the City in July, 19471 child cars facilities, a
transit system, which is partially described in the
scopinq study for Phase I Pals Desert "is Mover
System Report and in furtherance of improving and
increasing the City's supply of affordable housinq.
Th: !load control project will provide two major
bar. -tits to residents and surrounding neighborhoods.
Firstly, it -;11 protect the life, health, and prop-
erty, which are constantly threatened by flooding.
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ORDIVAVCE NO. 528
The Projsat Area is subject to flooding from two
primary sources. Floodinq can and does occur from
local flogs out of the adjoining Banta Rosa Mountains
primarily from Cat Creek, Dead Indian, Carriso, 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 tan contained within the proj-oct
Area. Considerable erosion occurs during the flooding
process with eroded materials being deposited along
roadways, across proportion and inside commercial and
residential structures. Severe dwge has been sus-
tained 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 Are& will continue to be sub-
ject to the hazards and economic losses resulting from
the flooding conditions.
Secondly, the proposed flood central project will
delete all the area within the Redevelopment area
boundaries fsa the provisions of the Federal Flood
insurance regulation, thereby creating a substantial
savings to arse residents for flood insurance premiums
and restrictive land use and building requiraents."
section s. section 11 on page a of the Second Amendment Is
hereby amended to read as follows:
Land, easement1 and rights -of -gray which are required
for the construction of public isprav ments say be
acquired by the Agency by gifts, devise, exchange,
purchase, or aam�yy other lawful sethod ineludir eminent
AAe dosain. qulaition of property will generally be
achieved by cooposative negotiations between the owner
of such property and the Agency.
The Agency shall not acquire real property to be
retained by an owner pursuant to a participation
agreement unless provision for such acquisition is made
in the agreement. The Agency is authorised to acquire
structures without acquiring the land upon which those
structures are located.
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ORJI: ANC '40. b26
The A ency shall not acquire real property on which an
exist building is to be continued on its present
sitein its present form and use without the
consent of the owner, unless (1) such buildinq requires
structural alterations, izprovemsnt, modernization, or
rehabilitation, or (2) the site or lot on which the
building is situated requires modification in size,
shape, or use, or (3) it is necessary to impose upon
such property any of the standards, restrictions and
controls of the Plan and the owner !ails or refuses to
participate in the Plan by executinq a participation
agrsesent.
section 6. Paragraph a of Section is beginning on page 8
and continuinnqq to page 9 of the Second Asendsent, as amended by
Section i beginning on page 13 and oontinuinq to page 14 of the
Fourth Amendment, is hereby amended to read as follows:
"D.
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 con-
struct bridges and public buildings. The AM may
also acquire land, buildings, facilities structure, facities or
improvements, assemble lands, buildings, structures,
facilities or improvements, dispose of land, buildings,
structures, facilities or impsoveaents and pay for all
or part of the value of the land far and the cost of
installation and construction of buildings, structures,
facilities or ispravesents in furtherance of or as
described in the Palma village Spec ilio Plan, approved
by the City Council at the City is July, 198at the
Civic Center Master Plan, approved by the Aqency in
July, 19881 the Caysrcial Core Aria Specific Plan,
approved by the City Council of the City in July,
19871 child care facilities, a transit systea, which is
partially described in the soaping Study for Phase =
Pala Desert 1• xover System Report and in
furthesanee of inq and invreasinq the City's
supply of affoP*01le housinq. Pursuant to health i
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
flood conntrolY3 potnfs, ddrraoviWeelfaciliities,
or
bridges, public buildings or other structures,
facilities or improvements.
Pursuant to Health and Safety Coda Section 33495, the
Agency say, 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 con-
9012cs .;h 167=1 (0) -8-
ORDINANCE NO. 628
trol improvement, drainage facilities, bridges, public
buildings or other structures, facilitios or improvs-
ments. Such drainage facilities are generally
described in the 'City of Pals Desert, Master. Drainage
Plan,' dated Auqust, 1976, prepared by Harold dowsley,
in association with Mildan and Associates. such
bridges will generally be located across the Whitevater
Channel at Monterey avenue, Portola Avenue and Cook
Street, and such public buildings, structures,
facilities or improvements will be county public safety
buildings and correctional facilities or buildings,
structures, facilities or improvements in furtherance
of or as described in the Paima village iIrJuner
ific Plan,
approved by the City Council of the City ifiss
the Civic Center Master Plan, approved by the Agency in
July, 19461 the C=MMWcial Core Area Specific Plan,
approved by the City Council of the City in jul 1987;
child care facilities, a transit system, which Is
partially described in the Scopinq Study for Plisse I
Pala Desert People Mover System Report and in
furtherance of improving and increasing the City's
supply of affordable housinq."
Section 7, Section 93 on page 11 of the Second Amendment,
as amended by Section 7 on page is of the fourth Amendment, is
hereby amended to read as follows
"SILMON U, LnE12MZox oM T"S! M[7M� et nosaaies
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 I -l- ent pursuant to
Section 31 horror and Section 33470(b) is $500,0001000,
exclusive of amounts paid to any taxing agency, and
exclusive of ansunts used to pay debt service, directly
or y, on obligations of the Agency or any
taxing agwMj to finance the acquisition of land or
the construction of build , facilities, structures,
or impravessnts of such tax s agencies."
section I. Section 94 on page 11 of the second Amendment,
as amended by section s on page 16 of the Fourth Amendment, is
hereby amended to read as follows:
"SICT=cM 24:
Loans, advances and indebtedness to finance in vhol• or
in part the Redevelopment Project contemplated by this
Amendment and secured by the taxes allocated pursuant
901209 4lh 167M (0) -9-
NO. 023
to section 29 above be established or incurred
within is years from t- ; date of adoption of the sixth
ant by ordinance :�f the City. Such loans,
advances or indebtedness may be repaid over a period of
time lonqer than such limit.*
section 9. Section 23 on page 11 of the Second Amendment,
as amended by Section 9 on page 17 of the Fourth Amendment, is
hereby amended to read as follows:
•V • . • •1. 11.1. t•I�I.V • • ;16.
46
m;1,1614, 11#48�1
The limit on the amount of bonded indebtedness to be
paid in whole or in part from allocation of taxes
pursuant to section 23 hereof, which can be outstandinq
at one time is $200,000,0000 exclusive of bonds issued
to finance the acquisition of land or the construction
of buildings, facilities, structures, or improvements
of taxing agencies."
Section 10. Section 21 on page 12 of the second Amendment
as amended by Section 10 on page is of the Fourth Amendment, is
hereby amended to read as follows:
"SEt:TION 1: 221TS0V 0L.ZjUj
except for the nondiscrimination and nonsegregation
provisions which dull run inla"Ilebus
ity, the
provisions of this Atet 4! effective and the
provisions of other documents formulated pursuant to
this 7lmendsent mads effective for 45 years frog the
date of adoption of the sixth Amendment by ordinance of
the City. By resolution, the Agency say 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
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 Added
Territory."
Section 11. sections 2 through 10 hereof of this sixth
Amendment are intended to and shall apply only to the provisions
of the Second Amendment, as amended by the Fourth Amendment.
Sections 2 through 10 hereof of this sixth Amendment arm not
intended to and shall not be construed to amend, soditY, change
or affect in any way the provisions of the Redevelopment Plan.
X1205 &A 16MG1 (0) -10-