CC Resolution 2011-018RESOLUTION NO. 2011 - 018
A RESOLUTION OF THE CITY OF LA QUINTA,
APPROVING A FIRST AMENDMENT BETWEEN THE LA
QUINTA REDEVELOPMENT AGENCY AND THE
COACHELLA VALLEY WATER DISTRICT, CONSENTING
TO THE EXPENDITURE OF FUNDS BY THE AGENCY FOR
CERTAIN IMPROVEMENTS SET FORTH IN SAID AMEND-
MENT, AND MAKING CERTAIN FINDINGS PURSUANT
TO HEALTH AND SAFETY CODE SECTION 33445 WITH
RESPECT TO THE AGENCY'S EXPENDITURE
WHEREAS, the La Quinta Redevelopment Agency ( "Agency ") is a redevelop-
ment agency organized and existing under the California Community
Redevelopment Law ( "Health & Safety Code § 33000 et seq.) ( "CRL ") and has
been authorized to transact business and exercise the powers of a redevelopment
agency pursuant to action of the City Council of the City of La Quinta ( "City
Council" or "City," as applicable); and
WHEREAS, pursuant to the CRL, the City Council approved and adopted the
Redevelopment Plan ( "Redevelopment Plan ") for La Quinta Project Area No. 1
( "Project Area ") on November 29, 1983, by Ordinance No. 43; and
WHEREAS, the Agency and the Coachella Valley Water District ( "CVWD ")
previously entered into that certain Domestic Water and Sanitation System
Installation and Irrigation Service Agreement on or about June 11, 2005, with
respect to the provision of water and sanitation services to the SilverRock Resort
area (the "Agreement "); and
WHEREAS, the SiverRock Resort area is located within the Project Area; and
WHEREAS, the Agreement provides, among other things, for the Agency to
provide CVWD with title to six (6) domestic water well sites (each, a "Well Site "),
and for the installation of drainage and certain other improvements and facilities at
each of such sites (collectively, the "Well Site Requirements"); and
WHEREAS, pursuant to the Agreement, the Agency has provided or caused
to be provided to CVWD one (1) Well Site, located at Wolff Waters Place, near
Avenue 48 and Dune Palms Road, in the City of La Quinta, State of California, and
has or shall provide the Well Site Requirements with respect to such Well Site; and
WHEREAS, the Agency and CVWD have negotiated an amendment to the
Agreement (the "Amendment "), that would provide for the Agency to pay to
District in lieu payments that would satisfy the Agency's obligation to provide five
(5) Well Sites and the Well Site Requirements with respect to each of such Well
Sites (each, an "In Lieu Payment "); and
Resolution No. 2011 -018
CVWD Agreement Amendment
Funding for Well Sites
Adopted: March 15, 2011
Page 2
WHEREAS, the In Lieu Payment amount would be determined pursuant to an
appraisal of a half acre parcel of real property in the City that would meet CVWD's
criteria for well sites; and
WHEREAS, with the legislative body's consent and the satisfaction of certain
specified requirements set forth in Health and Safety Code Section 33445, the CRL
authorizes redevelopment agencies to expend tax increment funds to acquire real
property for, and to fund the cost of the installation and construction of, publicly
owned buildings, facilities, and improvements; and
WHEREAS, the Amendment is in accordance with the Redevelopment Plan
and is of benefit to the Project Area and the City of La Quinta; and
WHEREAS, the Agency's financial contribution pursuant to the Amendment
is necessary to effectuate the purposes of the Redevelopment Plan;
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of
La Quinta, as follows:
SECTION 1. The above recitations are true and correct.
SECTION 2. Pursuant to Health and Safety Code Section 33445(a), the City
Council of the City of La Quinta finds and determines that:
A. The publicly owned improvements funded pursuant to the Amendment
( "Improvements ") are of benefit to the Project Area, by helping to eliminate
blight within the Project Area, in that the Improvements consist of public
infrastructure improvements, and the Redevelopment Plan provides for the
elimination, and prevention of the spread, of blight and blighting influences
through the installation, construction, or re- construction of streets, utilities,
and other public facilities and improvements.
B. No other reasonable means of financing the Improvements are available to
the community, for the following reasons: (i) City monies are dedicated to
critical police, fire, and other necessary expenditures, including other capital
improvement projects; (ii) the only practical means of paying for the
Improvements is to use Agency funding; (iii) without Agency funding for the
Improvements, the Improvements would not be completed, all to the
detriment of the Project Area.
C. The Improvements are consistent with the Agency's implementation plan
adopted pursuant to Health and Safety Code Section 33490 ( "Implemen-
tation Plan "), in that improving public infrastructure and facilities within the
Project Area are goals set forth in the Implementation Plan.
Resolution No. 2011 -0118
CVWD Agreement Amendment
Funding for Well Sites
Adopted: March 15, 2011
Page 3
SECTION 3. The Agency's expenditure for the Improvements is necessary to
effectuate the purposes of the Redevelopment Plan and is in the best interests of
the City of La Quinta.
SECTION 4. The Amendment, a copy of which is on file with the Agency
Secretary, is hereby approved. The City Council consents to the Agency's
authorization and direction to its Executive Director and Agency Counsel to make
final modifications to the Amendment that are consistent with the substantive
terms of the Amendment approved hereby, and to thereafter sign the Amendment
on behalf of the Agency.
SECTION 5. The City Council consents to the Agency's authorization and direction
to its Executive: Director to (i) sign such other and further documents that require
the Agency's signature, and (ii) take such other and further actions as may be
necessary and proper to carry out the terms of the Amendment.
PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta
City Council held on this 15th day of March, 2011, by the following vote to wit:
AYES: Council Members Evans, Franklin, Henderson, Sniff, Mayor Adolph
NOES: None
ABSENT: None
ABSTAIN: None
lNir *."
Y ►v w'
DON ADOL ,May
City of La Quinta
J. WN CMC, CITY CLERK
City of La Quint
(City Seal)
Resolution No. 2011 -018
CVWD Agreement Amendment
Funding for Well Sites
Adopted: March 15, 2011
Page 4
APPROVED AS TO FORM:
MAKAfHLRINE JENSON, Ci Attorney
City of La Quinta