RDA Resolution 2011-009RESOLUTION NO. RA 2011 - 009
A RESOLUTION OF THE LA QUINTA REDEVELOPMENT
AGENCY, APPROVING AN AGREEMENT AMONG THE
AGENCY, THE CITY OF LA QUINTA, 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 Coachella Valley Water District ( "CVWD ") owns, operates,
and maintains the Coachella Branch of the All- American Canal ( "Coachella Canal "),
which is generally that portion of the All-American Canal from Drop 1 to Lake
Cahuilla; and
WHEREAS, as a result of ground subsidence that has occurred throughout
the Coachella Valley, the Coachella Canal has subsided generally uniformly with the
land except a portion thereof between Mile Post ( "MP ") 120.3 and the check drop
structure at MP 121.8 (e.g., the portion located East of Jefferson Street and
extending to a point south of Avenue 54 adjacent to PGA West) ( "Non- Subsided
Portion of the Coachella Canal"); and
WHEREAS, all portions of the Coachella Canal located in the City are located
in the Project Area; and
WHEREAS, the Non - Subsided Portion of the Coachella Canal results in a
hydraulic condition whereby the original flow capacity has been substantially
reduced; and
WHEREAS, an engineering report prepared by GEI Consultants, Inc.,
a Massachusetts corporation, has concluded that increasing the flow capacity
within the Non- Subsided Portion of the Coachella Canal will require a physical
solution, including the possibility of replacing and /or relocating all or a portion of
the Non - Subsided Portion of the Coachella Canal; and
Resolution No. RA 2011 -009
CVWD Canal Agreement
Adopted: March 15, 2011
Page 2
WHEREAS, the Agency, City, and CVWD have negotiated an agreement
( "Agreement ") that would provide for (i) CVWD to design the physical solution
selected by the parties ( "Preferred Flow Capacity Option "), (ii) the parties to
attempt to negotiate a subsequent agreement ( "Construction Agreement ")
providing for the implementation of the Preferred Flow Capacity Option, including
the demolition and removal of any facilities no longer needed for the Coachella
Canal, and the repair of any damage caused by such demolition and implementation
to the underlying real property through which the Coachella Canal runs
(collectively, the "Project "), and (iii) the Agency to deposit Eleven Million Dollars
($11,000,000) of Agency funds with CVWD, which amount is the Agency's
estimated proportionate cost of the Project, with all portions of such funds not yet
expended, plus interest, being returned to the Agency if the parties fail to timely
negotiate and execute the Construction Agreement; 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 Agreement 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 Agreement 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 Agreement
( "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
Resolution No. RA 2011 -009
CVWD Canal Agreement
Adopted: March 15, 2011
Page 3
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.
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 Agreement, 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 Agreement that
are consistent with the substantive terms of the Agreement approved hereby, and
to thereafter sign the Agreement on behalf of the Agency.
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 Agreement.
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: Agency Members Adolph, Evans, Franklin, Sniff, Chair Henderson
NOES: None
ABSENT: None
ABSTAIN: None -.-
TERRY DER SON, Chairperson
La Quint Redevelopment Agency
Resolution No. RA 2011 -009
CVWD Canal Agreement
Adopted: March 15, 2011
Page 4
ATTEST:
IND, CMC, AGENCY SECRETARY
nt Agency
, 4City Seal) .
APPROVED AS TO FORM:
M. KAiEMNE JENSON, AGENY COUNSEL
La QV to Redevelopment Agency