RDA Resolution 1994-190L RESOLUTION RA 9*19
A RESOLUTION OF THE LA QUINTA REDEVELOPMENT
AGENCY APPROVING AND AUTHORIZING THE
EXECUTION()N OF AN AGREEMENT AND ESCROW
INSTRUCTIONS FOR SALE AND ACQUISITION OF
UNIMPROVED REAL PROPERTY BY AND BETWEEN THE
LA QUINTA REDEVELOPMENT AGENCY AND DESERT
SANDS UNIFIED SCHOOL DISTRICT AND MAKING
CERTAIN FINDINGS IN CONNECTION THEREWITH
WHEREAS, the La Quinta Redevelopment Agency the Agency") is engaged
in activities necessary to carry out and implement the Redevelopment Plan the Redevelopment
Plan") for La Quinta Redevelopment Project the Project"); and,
WHEREAS, in order to carry out and implement such Redevelopment Plan, the
Agency proposes to enter into that certain Agreement and Escrow Instructions for Sale and
Acquisition of Unimproved Real Property the Agreement") with Desert Sands Unified School
District the District"), under which the Agency proposes to sell and the District proposes to
buy that certain property consisting of approximately ten 10) acres within the Project Area the
Site") to be developed as a school site, all as more particularly described in the Agreement;
and,
WHEREAS, pursuant to Section 33433 of the Community Redevelopment Law,
California Health and Safety Code Section 33000, et seq., the Community Redevelopment
Law") the Agency is authorized, with the approval of the City Council after a duly noticed
public hearing, to sell the Site for development pursuant to the Redevelopment Plan upon a
determination by the City Council that the sale of the property will assist in the elimination of
blight and that the consideration for such sale is not less than either the fair market value or fair
reuse value of the Site in accordance with the covenants and conditions governing the sale and
the development costs required thereof; and,
WHEREAS, the sale of the Site for development as a school site pursuant to the
Agreement will benefit the Project Area by increasing the number of school sites and providing
educational opportunities for persons who may work or reside within the Project Area; and,
WHEREAS, a joint public hearing of the Agency and City Council on the
proposed Agreement was duly noticed in accordance with the requirements of Section 33433 of
the Community Redevelopment Law; and,
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WHEREAS, the proposed Agreement, and a Summary Report meeting the
requirements of Section 33433 of the Community Redevelopment Law, were available for public
inspection consistent with the requirements of Section 33433 of the Community Redevelopment
Law; and,
WHEREAS, on October 18, 1994, the Agency and City Council held a joint
public hearing on the proposed Agreement, at which time the Agency reviewed and evaluated
all of the information, testimony, and evidence presented during the joint public hearing; and,
WHEREAS, all actions required by all applicable law with respect to the
proposed Agreement have been taken in an appropriate and timely manner; and,
WHEREAS, the Agency has reviewed the summary required pursuant to Section
33433 of the Community Redevelopment Law and has evaluated any and all other information
pertaining to the findings required pursuant thereto; and,
WHEREAS, Section 33445 of the California Community Redevelopment Law
authorizes a Redevelopment Agency, with the consent of the legislative body, to pay all or part
of the value of the land for and the cost of the installation and construction of any building,
facility, structure, or other improvement which is publicly owned either within or outside of the
Project Area upon certain findings; and,
WHEREAS, the Agency proposes to assist in the funding of the cost of off-site
improvements the Improvements") for the Site to facilitate the development of the Site by the
District into a school facility; and,
WHEREAS, the Agency proposes to commit to use an amount which is expected
to be approximately Five Hundred Ten Thousand Seven Hundred Fifty-Six Dollars $510,756)
to pay for the cost of the Improvements; and,
WHEREAS, the Five Hundred Ten Thousand Seven Hundred Fifty-Six Dollars
$510,756) shall be reimbursed to the Agency in the purchase price paid by the District; and,
WHEREAS, the expenditure of Agency funds for the Improvements is of benefit
to the Project and the immediate neighborhood in which the Project is located in that it will
increase the number of school sites and create more educational opportunities within the City,
and will improve the overall quality of life within the City, thereby attracting and retaining
businesses and residents and maintaining property values within the Project Area and
surrounding neighborhoods; and,
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WHEREAS, there are no reasonable means of financing the cost of the
Improvements, as the City has no funds in its General Fund or Capital Improvement Accounts
which are currently unencumbered or available for the benefit and use of the Agency for the
Improvements, and the Agency has no alternative sources of funding to pay for the costs of the
Improvements; and,
WHEREAS, the Redevelopment Plan for the Project provides for the construction
of the Improvements; and,
WHEREAS, the Site is located within a portion of the Project Area which was
found by the City Council, in its adoption of the Redevelopment Plan, to be blighted as a result
of among other things, lack of public infrastructure; and,
WHEREAS, the sale of the Site pursuant to the Agreement will assist in the
elimination of blight by providing the surrounding public infrastructure, increasing the number
of school sites thereby increasing educational opportunities within the Project Area and
encouraging the development of land the development of which had proven to be infeasible for
the private sector, acting alone; and,
WHEREAS, the sale of the Site will be consistent with the implementation plan
to be adopted pursuant to Health and Safety Code Section 33490; and,
WHEREAS, the proposed development of the Site pursuant to the terms of the
Agreement has been previously evaluated pursuant to the California Environmental Quality Act,
California Public Resources Code Sections 21000, et seq., *CEQA"), and no additional impacts
not previously addressed will result from this Agreement; and,
WHEREAS, the Agency has duly considered all terms and conditions of the
proposed Agreement and believes that the redevelopment of the Site pursuant thereto is in the
best interests of the City of La Quinta and the health, safety, and welfare of its residents, and
in accord with the public purposes and provisions of applicable State and local laws and
requirements.
NOW, THEREFORE, BE ri. RESOLVED by the La Quinta Redevelopment
Agency as follows:
Section 1. The Agency finds and determines that, based upon substantial evidence
provided in the record before it, the consideration for the Agency's disposition of the Site
pursuant to the terms and conditions of the Agreement is not less than fair market value in
accordance with the covenants and conditions governing the sale, and the development costs
* required under the Agreement.
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Section 2. The Agency hereby finds and determines that the disposition of the Site
pursuant to the Agreement will eliminate blight within the Project Area by providing for the
redevelopment of a portion of the Project Area which was declared blighted for the reasons
described above.
Section 3. The Agency hereby finds and determines that the sale of the Site is consistent
with the implementation plan adopted pursuant to Health and Safety Code Section 33490.
Section 4. For the reasons set forth above, the Agency finds and determines that the
Agency's funding of the Improvements is of benefit to the Project and the immediate
neighborhood in which the Project is located, and is necessary to effectuate the purposes of the
Redevelopment Plan for the Project.
Section 5. For the reasons set forth above, the Agency finds and determines that no
other means of financing the Improvements are available to the community.
Section 6. For the reasons set forth above, the Agency finds and determines that the
payment of funds for the construction of the Improvements will assist in the elimination of one
or more blighting conditions within the Project Area.
Section 7. The Agency is authorized to pay the initial costs of the Improvements.
Section 8. The Project is exempt from CEQA pursuant to Section *5061 of the
California Code of Regulations, except to the extent prior approvals have been given pursuant
to CEQA.
Section 9. The Agency hereby approves the execution of the Agreement and authorizes
the Chairman of the Agency to execute the Agreement on behalf of the Agency and take all
actions and execute all escrow documents, attachments to the Agreement, and such other
documents necessary or appropriate to carry out the Agreement.
Section 10. The Agency Secretary shall certify to the adoption of this Resolution in the
manner required by law.
PASSED, APPROVED, AND ADOPTED this 18th day of October, 1994, by
the following vote:
AYES: Board Members Bangerter, McCartney, Pena, Perkins,
Chairman Sniff
NOES: None
ABSENT: None
ABSTMN: None
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*
La Quinta Redevelopment Agency
ATTEST:
SAUNDRA L* JU LA, Secretary
La Quinta Redevelopment Agency
APPROVED TO FORM:
DAWN HONEYWELL*, City Attorney
La Quinta Redevelopment Agency
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