RDA Resolution 2011-010RESOLUTION NO. RA 2011 - 010
A RESOLUTION OF THE LA QUINTA REDEVELOPMENT
AGENCY, APPROVING A FIRST AMENDMENT
BETWEEN THE AGENCY AND THE COACHELLA
VALLEY WATER DISTRICT, 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
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
Resolution No. RA 2011 -010
CVWD Well Site Amendment
Adopted: Match 15. 2011
Page 2
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 La Quinta Redevelopment
Agency, as follows:
SECTION 1. The above recitations are true and correct.
SECTION 2. Pursuant to Health and Safety Code Section 33445(a), the La Quinta
Redevelopment Agency 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 ( "Implementation
Plan "), in that improving public infrastructure and facilities within the Project Area
are goals set forth in the Implementation Plan.
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 Agency Executive Director and Agency Counsel are hereby
authorized and directed 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.
Resolution No. RA 2011 -010
CVWD Well Site Amendment
Adopted: March 15, 2011
Page 3
SECTION 5. The Executive Director is hereby authorized and directed 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
Redevelopment Agency held on this 15th day of March, 2011, by the following vote to
wit:
AYES: Council Members Evans, Franklin, Henderson, Mayor Adolph
NOES: Council Member Sniff
ABSENT: None
ABSTAIN: None
C�
TERRY ENDERSON, Chairperson
La Qui t Redevelopment Agency
ATTEST:
,VEKUNI(;A J.
La Quinta Ref
Agency
, Secretary
;,(Agency Seal)
APPROVED AS TO FORM:
M. KA`fHEVf 4E JENSeN, agency Counsel
La Quinta RedevelopmentAqencV