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09 September 2016

Best, Best & Krieger

Council Statements Regarding CV Link

In citing text from the meeting minutes, others' comment is not often included, and no ellipses are provided.

16 July 2015

The City Council met in regular session.
  • "10. CV Link Update
  • "Mayor Hobart reported that CV Link proponents have taken the position that future operations and maintenance ( 0&M) costs will be paid with Measure A funds. The City of Rancho Mirage submitted a brief, suggesting that it may not be legal to use Measure A funds for this purpose. The proponents retained Best Best and Krieger ( BB& K) for an opinion. BB& K provided a written opinion that it is legal to use some Measure A funds for part of CV Link 0&M  expenses. The Law Offices of Steve Quintanilla & Associates ( Q& A) provided an opinion that it is probably not legal to do so. Prior to agreeing to the use of Measure A funds, the City of Rancho Mirage must know that it is legal. If it turns out that Measure A funds are unavailable, the amount of money required by Cities will increase significantly. At the last Coachella Valley Association of Governments ( CVAG) Executive Committee Meeting, Rancho Mirage representatives presented a motion to retain an outside, major, independent law firm for a full and complete opinion as to whether Measure A funds will be available. The majority of the CVAG Executive Committee voted down the motion. Mayor Hobart stated that, in his view, having an opinion from BB& K is a problem due to the fact that they represent the Riverside County Transportation Commission ( RCTC) and the City of Palm Desert, and have represented CVAG with respect to CV Link. It would be difficult for them to be totally objective, so for the security of each city' s financial commitment, there should be a legal opinion from a legal firm having no contact with any of the parties involved with the project.
  • "Public Comment - None."

COMMMENTARY

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