Loading...
2004 05 18 RDAe a fr# 4 4496& Redevelopment Agency Agendas are Available on the City's Web Page @ www.la-quinta.org REDEVELOPMENT AGENCY AGENDA CITY COUNCIL CHAMBERS 78-495 Calle Tampico La Quinta, California 92253 Regular Meeting Tuesday, May 18, -2004 - 2:00 P.M. Beginning Resolution No. RA 2004-008 CALL TO ORDER Roll Call: Agency Board Members: Adolph, Osborne, Perkins, Sniff, and Chairperson Henderson PUBLIC COMMENT At this time, members of the public may address the Redevelopment Agency on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. Please watch the timing device on the podium. CLOSED SESSION NOTE: Time permitting the Redevelopment Agency Board may conduct Closed Session discussions during the dinner recess. In addition, persons identified as negotiating parties are not participants in the Closed Session meeting when the Agency is considering acquisition of real property. 1. CONFERENCE WITH AGENCY'S REAL PROPERTY NEGOTIATOR, MARK WEISS, PURSUANT TO GOVERNMENT CODE SECTION 54956.8 CONCERNING POTENTIAL TERMS AND CONDITIONS OF ACQUISITION AND/OR DISPOSITION OF A PORTION OF 525 ± ACRES LOCATED AT THE SOUTHWEST CORNER OF AVENUE 52 AND JEFFERSON STREET. PROPERTY OWNER/NEGOTIATOR: ROB SHUMACHER Redevelopment Agency Agenda 1 May 18, 2004 2. CONFERENCE WITH AGENCY'S LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c), INITIATION OF LITIGATION (ONE MATTER). 3. CONFERENCE WITH AGENCY'S REAL PROPERTY NEGOTIATOR, MARK WEISS, PURSUANT TO GOVERNMENT CODE SECTION 54956.8 CONCERNING POTENTIAL TERMS AND CONDITIONS OF ACQUISITION AND/OR DISPOSITION OF A PORTION OF 525 ± ACRES LOCATED AT THE SOUTHWEST CORNER OF AVENUE 52 AND JEFFERSON STREET. PROPERTY OWNER/NEGOTIATOR: MATTHEW HLADEK RECONVENE AT 3:00 P.M. PUBLIC COMMENT At this time members of the public may address the Agency Board on items that appear within the Consent Calendar or matters that are not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. When you are called to speak, please come forward and state your name for the record. Please watch the timing device on the podium. For all Agency Business Session matters or Public Hearings on the agenda, a completed "request to speak" form should be filed with the City Clerk prior to the Agency beginning consideration of that item. CONFIRMATION OF AGENDA APPROVAL OF MINUTES 1. APPROVAL OF MINUTES OF APRIL 21, 2004. 2. APPROVAL OF MINUTES OF MAY 4, 2004. CONSENT CALENDAR NOTE: Consent Calendar items are considered to be routine in nature and will be approved by one motion. 1 . APPROVAL OF DEMAND REGISTER DATED MAY 18, 2004 2. TRANSMITTAL OF TREASURER'S REPORT DATED MARCH 31, 2004. 3. TRANSMITTAL OF REVENUE AND EXPENDITURES REPORT DATED MARCH 21, 2004. 4. APPROVAL OF A RESOLUTION ADOPTING THE FISCAL YEAR 2004/2005 CAPITAL BUDGET AND MAKING CERTAIN FINDINGS PURSUANT TO HEALTH AND SAFETY CODE 33445(a). Redevelopment Agency Agenda 2 May 18, AA BUSINESS SESSION 1. CONSIDERATION OF AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH THE KEITH COMPANIES (TKC) FOR CIVIL ENGINEERING SERVICES FOR SILVERROCK RESORT. A. MINUTE ORDER ACTION 2. CONSIDERATION OF AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH PACIFIC ADVANCED ENGINEERING SERVICES, INC. (PACE) FOR WATER RESOURCES DESIGN SERVICES FOR SILVERROCK RESORT. A. MINUTE ORDER ACTION 3. CONSIDERATION OF ENTERING INTO A JOINT POWERS AGREEMENT WITH CVAG TO CREATE A COACHELLA VALLEY HOME PURCHASE FINANCE AUTHORITY. A. MINUTE ORDER ACTION 4. CONSIDERATION OF AUTHORIZATION FOR THE EXECUTIVE DIRECTOR TO CURE DEFAULTS ON SENIOR LOANS FOR AFFORDABLE HOUSING UNITS AND THE APPROPRIATION OF $500,000 FROM THE UNALLOCATED RESERVES OF THE AGENCY'S LOW AND MODERATE INCOME HOUSING FUND AND PROVIDE STAFF WITH DIRECTION REGARDING CHANGES TO THE SECOND TRUST DEED PROGRAM. A. MINUTE ORDER ACTION 5. CONSIDERATION OF AN APPROPRIATION OF UP TO $240,000 FROM PROJECT AREA NO. 1 LOW -MOD INCOME HOUSING FUND TO ACQUIRE A SINGLE-FAMILY HOME LOCATED AT 51-675 AVENIDA VALLEJO. A. MINUTE ORDER ACTION Redevelopment Agency Agenda 3 May 18, 2004 3 STUDY SESSION 1. DISCUSSION OF THE LA QUINTA ARTS FOUNDATION REQUEST FOR USE OF THE SILVERROCK RESORT PROPERTY OR OTHER LOCATIONS FOR THE ARTS FESTIVAL. 2. DISCUSSION AND REVIEW OF THE SITE AND DWELLING PLANS FOR THE VISTA DUNES DEVELOPMENT. CHAIR AND BOARD MEMBERS' ITEMS - NONE PUBLIC HEARINGS - NONE ADJOURNMENT Adjourn to a regularly scheduled meeting of the Redevelopment Agency to be held on June 1, 2004 commencing with closed session at 2:00 p.m. and open session at 3:00 p.m. in the City Council Chambers, 78-495 Calle Tampico, La Quinta, CA 92253. DECLARATION OF POSTING I, June S. Greek, City Clerk of the City of La Quinta, do hereby declare that the foregoing agenda for the La Quinta Redevelopment Agency meeting of Tuesday, May 18, 2004 was posted on the outside entry to the Council Chamber, 78-495 Calle Tampico and on the bulletin board at the La Quinta Chamber of Commerce and at Stater Bros. 78-630 Highway 111, on Friday, May 14, 2004. DATED: May 14, 2004 JUNE S. GREEK, CMC, City Clerk City of La Quinta, California Redevelopment Agency Agenda 4 May 18, 2004 I w�► 306E d L iA A 760. VL# 7-4 59 1. There are people who have not received their offers yet. These people are concerned becausemeeting in the last meeti we had with you, Overland pacific �.� promised to have all offers delivered by Friday May 14, 2004. a play personas que no han recibido sus ofertas aun. Estas personas estan � tuvimos con ustedes Overland Paci reocupadas porque en la ultima junta que Q B P prometio que iba a tener todas las ofertas entregadas Para el viernes 14 de mayo del 2004. A. q. Some people have been offered homes that do not exist. For instance, one of the residents received an offer of a 3 bedroom home. When he went to see it, he found out that that address does not exist. So he went to the office and the person in charge of the office told him that such address does not exist. The person in the office also mentioned that a lot of people have been asking for this address and he is wondering why. He also called Overland Pacific and he was told that the offer he received were the ones they received from the city of La Quinta. A algunas personas se les han ofrecido viviendas que no existen. Por ejemplo; uno de nuestros residentes fue a mirar una de las ofertas que le hicieron y encontro ue_tal_ direccion_no_ existe. Entonces _el _fue -a la oficina y_ la persona_ encargada _le dijo que dicha direccion no existe. La persona encargada de la oficina tambienma menciono que mucha gente ha estado preguntando por esa vivienda y se p uegu porque. Esta Persona llamo a Overlan Pacific y le dijeron que las ofertas q e el recibio fuero4 las ofertas que la ciudad de La Quinta les dio. Many people who have received their offers do not agree with them because they are finding out that they cannot buy at least an equal home for that Price. Most of the mobile homes are between 50,000 and 8000. It is impossible to find a home for 22,000 or 30,000. Muchas persona que han recibido sus ofertas no estan deacuerdo con ellas Porque se estan dando cuenta de que no pueden comprar una trails con esa cantidad. La mayoria de las treilas custan entre 50,000 y 80,000 dolares. Es imposible Para nosotros comprar una vivienda con 22,000 o 30,000 dolares. '�. Some people have been told that if they have two boys and one girl, they would be offered a 3 bedroom home: one for the couple, one for the two boys, and one for the girl. We understand that that is the law. Different genders, different bedrooms. However, other people have been told that they cannot be offered a home with more bedrooms than what they already have. We would like to know the truth about this issue. A algunas personas se les ha dicho que si ellos tienen dos ninos y una nifina, a ellos se les ofrecera una vivienda de tres reecamaras: una Para la pareja, una Para los nifios y una Para la nina. Nosotros tenemos entendido que esa es la ley. Ell Distintos sexos, distintos cuartos. Pero a otras personas se les ha dicho no se les puede ofrecer una vivienda con mas recamara de las que ellos tienen ahora. 5. We would like every resident to receive a copy of the evaluation. So that people can see how they are being evaluated. . Nos gustaria que cada residente recibiera una copa de la evaluacibn de su vivienda. De esa manera cada persona podra ver como estan siendo evaluados. We would like to know how much are we getting paid for every squared foot. We would like to know also what is it that you are taking into consideration to evaluate every one of us. To whom are we being compared? For example, we. know that space 88 is being compared to his neighbor, which we think is unfair because not all trailers have the same condition. Nos gustaria saber cuanto se nos esta pagando por cada pie cuadrado. Tambien nos gustaria saber. que es to que estan considerando euando nos evaluaron. Aquien se nos esta comparando? Por ejemplo, el espacio 88 esta siendo comparado con .su vecino y nosotros pensamos que eso no es justo porque no tadas las treilas tienen -las mismas-condiciones. 7,. One of our residents asked Overland Pacific for a list of available homes and he was told that they did not have any because all the homes they had to offer were sold out. Uno de nuestros residentes le pidio a Overland Pacific la lista de casas disponibles y le dijeron que ellos ya no tenian ninguna lista porque lss casas que ellos tenian para ofrcer ya estaban vendidas. Q , . We would like to know what kind of homes we are going to receive. We would like to actually see them. Nos gustaria saber que tipo de casas vamos a recivir. De hecho nos gustaria ver las viviendas que se nos van a ofrecer. of. According to the offers we have received the rent in other places is $450. However, one of our residents went to see one of the places he was offered, and he found out that the rent was $660. The residents who have received. their offers were told that the city of La Quinta is going to help them with $100 dollars every month for 42 months to pay the rent, but what is going to happen if we end up in a more expensive place? It Deacuerdo con las ofertas que han sido recibidas la renta en otros lugares es de $450. Uno de nuestros residentes fue a mirar una de las ofertas que se le dieron y encontro que la renta era de $660. A los residentes que han recibido sus ofertas se les dijo que la ciudad de La Quinta va ayudarles con $100 pars la renta por 42 Y 1 1 meses. Pero que va a pasar si uno de nosotros termina en un lugar mas Caro, se nos va a ayudaf? COUNCEURDA MEETING DATE: MAY 18, 2004 ITEM TITLE: Demand Register Dated May 18, 2004 RECOMMENDATION: It is recommended the Redevelopment Agency Board: AGENDA CATEGORY: BUSINESS SESSION CONSENT CALENDAR STUDY SESSION PUBLIC HEARING Receive and File the Demand Register Dated May 18, 2004 of which $2,593,349.98 represents Redevelopment Agency Expenditures. PLEASE SEE CONSENT CALENDAR ITEM NUMBER 1 ON CITY COUNCIL AGENDA 5 000 0�O ti5 OFa9 AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: May 18, 2004 ITEM TITLE: Transmittal of Treasurer's Report as of March 31, 2004 RECOMMENDATION: It is recommended the La Quinta Redevelopment Agency: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Receive and File the Treasurer's Report as of March 31, 2004. PLEASE SEE BUSINESS SESSION ITEM ON CITY COUNCIL AGENDA No AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: May 18, 2004 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: Transmittal of Revenue and Expenditure Report for March 31, 2004 RECOMMENDATION: Receive and File BACKGROUND AND OVERVIEW: PUBLIC HEARING: Transmittal of the March 31, 2004 State of Revenue and Expenditures for the La Quinta Redevelopment Agency. WRespctfully submitted, John M. Falconer, Finance Director Approved for submission by: Thomas P. Genovese, Executive Director Attachments 1: Revenue and Expenditures Report, March 31, 2004 ATTACHMENT 1 LA QUINTA REDEVELOPMENT AGENCY REVENUE SUMMARY PROJECT AREA NO.1: DEBT SERVICE FUND: Tax Increment Allocated Interest Non Allocated Interest Interst - County Loan Interest Advance Proceeds Transfers In TOTAL DEBT SERVICE CAPITAL IMPROVEMENT FUND - NON-TAXABLE Pooled Cash Allocated Interest REMAINING % BUDGET RECEIVED BUDGET RECEIVED 23,134,787.00 11,944,066.93 11,190,720.07 51.630% 66,000.00 109,096.29 (43,096.29) 165.300% 0.00 782.18 (782.18) 0.000% 0.00 0.00 0.00 0.000% 967,182.00 0.00 967,182.00 0.000% 1,731,455.00 1,157,685.83 573,769.17 66.860% 25,899,424.00 13,211,631.23 12,687,792.77 51.010% 0.00 191,923.83 (191,923.83) 0.000% Non Allocated Interest 437,100.00 232,955.66 204,144.34 53.300% Litigation Settlement Revenue 0.00 0.00 0.00 0.000% Loan Proceeds 0.00 0.00 0.00 0.000% Rental Income 4,530.00 6,794.40 (2,264.40) 149.990% Transfers In 0.00 0.00 0.00 0.000% TOTAL CAPITAL IMPROVEMENT 441,630.00 431,673.89 9,956.11 97.750% CAPITAL IMPROVEMENT FUND - TAXABLE Pooled Cash Allocated Interest Non Allocated Interest Litigation Settlement Revenue Bond proceeds Rental Income Transfers In TOTAL CAPITAL IMPROVEMENT LOW/MODERATE TAX FUND: Tax Increment Allocated Interest Non Allocated Interest Miscellaneous revenue Non Allocated Interest LQRP-Rent Revenue Home Sales Proceeds Sale of Land Sewer Subsidy Reimbursements Rehabilitation Loan Repayments 2nd Trust Deed Repayment Transfer In TOTAL LOW/MOD TAX LOW/MODERATE BOND FUND: Allocated Interest Home Sale Proceeds Non Allocated Interest Transfer In TOTAL LOW/MOD BOND 0.00 (262.86) 262.86 0.000% 0.00 49,031.46 (49,031.46) 0.000% 0.00 0.00 0.00 0.000% 26,400,000.00 26,400,000.00 0.00 100.000% 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0.000% 26,400,000.00 26,448,768.60 (48,768.60) 100.180% 5,783,697.00 2,986,016.78 2,797,680.22 51.630% 4,400.00 5,967.74 (1,567.74) 135.630% 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0.000% 341,000.00 275,147.48 65,852.52 80.690% 150,000.00 215,820.56 (65,820.56) 143.880% 0.00 0.00 0.00 0.000% 0.00 117,105.80 (117,105.80) 0.000% 0.00 3,542.94 (3,542.94) 0.000% 0.00 242,499.45 (242,499.45) 0.000% 0.00 0.00 0.00 0.000% 6,279,097.00 3,846,100.75 2,432,996.25 61.250% 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0.000% 2 LA QUINTA REDEVELOPMENT AGENCY EXPENDITURE SUMMARY PROJECT AREA NO. 1: DEBT SERVICE FUND: 07/01/2003.3131104 REMAINING BUDGET EXPENDITURES ENCUMBERED BUDGET SERVICES 394,585.00 341,834.32 0.00 52,750.68 BOND PRINCIPAL 2,208,831.00 2,208,831.00 0.00 0.00 BOND INTEREST 8,060,234.00 8,062,559.08 0.00 (2,325.08) INTEREST CITY ADVANCE 967,182.00 725,386.50 0.00 241,795.50 PASS THROUGH PAYMENTS 11,011,803.00 5,861,839.55 0.00 5,149,963.45 ERAF SHIFT 1,467,995.00 0.00 0.00 1,467,995.00 TRANSFERS OUT 0.00 0.00 0.00 0.00 TOTAL DEBT SERVICE 24,110,630.00 17, 00,450.45 0.00 6,910,179.55 CAPITAL IMPROVEMENT FUND: PERSONNEL 4,900.00 6,611.32 0.00 (1,711.32) SERVICES 99,619.00 115,885.92 0.00 (16,266.92) LAND ACQUISITION 307,300.00 292,410.55 0.00 14,889.45 ASSESSMENT DISTRICT 0.00 0.00 0.00 0.00 ADVERTISING -ECONOMIC DEV 16,700.00 17,074.18 0.00 (374.18) ECONOMIC DEVELOPMENT 187,000.00 127.462.77 0.00 59,537.23 BOND ISSUANCE COSTS 0.00 0.00 0.00 0.00 CAPITAL - BUILDING 0.00 0,00 0.00 0.00 REIMBURSEMENT TO GEN FUND 1,225,208.00 918,904.50 0.00 306,303.50 TRANSFERS OUT 27,628,078.00 'Va; '-. 0.00 39,844,727.03 TOTAL CAPITAL IMPROVEMENT 29,468,805.00 10,7 8,299. 9) 0.00 40,207,104.79 CAPITAL IMPROVEMENT FUND/TAXABLE BOND BOND ISSUANCE COSTS 955,822.00 949,968.12 0.00 5,853.88 TRANSFERS OUT 25,444,178.00 15,363,739.84 0.00 10,080,438.16 TOTAL CAPITAL IMPROVEMENT 26,400,000.00 16,31 0,:96 0.00 10,0 6.292.04 LOW/MODERATE TAX FUND: PERSONNEL 4,900.00 6,611.32 0.00 (1,711.32) SERVICES 250,497.00 204,184.64 0.00 46,312.36 BUILDING HORIZONS 210,000.00 0.00 0.00 210,000.00 LQ RENTAL PROGRAM 160,000.00 145,760.10 0.00 4,239.90 LQ HOUSING PROGRAM 1,509,196.00 1,140,956.00 0.00 368,240.00 LOWMOD VILLAGE APARTMENTS 2,350,000.00 0.00 0.00 2,350,000.00 LQRP - REHABILITATION 500,000.00 0.00 0.00 500,000.00 APT REHABILITATION 0.00 0.00 350,000.00 FORECLOSURE ACQUISITION 220,000.00 220,000.00 0.00 0.00 REIMBURSEMENT TO GEN FUND 82,595.00 61,946.28 0.00 20,648.72 TRANSFERS OUT 2,398,079.00 1,157,685.83 0.00 1,240,393.17 TOTAL LOWIMOD TAX . �.�'`'�� e: 2,93 ,144.17 0.00 6,088,122.83 LOW/MODERATE BOND FUND PERSONNEL 0.00 0.00 0.00 0.00 SERVICES 0.00 0.00 0.00 0.00 REIMBURSEMENT TO GEN FUND 0.00 0.00 0.00 0.00 HOUSING PROJECTS 0.00 0.00 0.00 0.00 TRANSFERS OUT 74,623.00 41,153.21 0.00 33,469.79 TOTAL LOWIMOD BOND 74,623.00 41,163.21 0.00 33,469.79 3 LA QUINTA REDEVELOPMENT AGENCY REMAINING % REVENUE SUMMARY BUDGET RECEIVED BUDGET RECEIVED PROJECT AREA NO.2: DEBT SERVICE FUND: Tax Increment 11,485,062.00 5,977,739.99 5,507,322.01 52.050% Allocated Interest 0.00 39,790.25 (39,790.25) 0.000% Non Allocated Interest 0.00 34.73 (34.73) 0.000% Interest Advance Proceeds 863,674.00 0.00 863,674.00 0.000% Transfer In 3,442,855.00 211,959.68 3,230,895.32 6.160% TOTAL DEBT SERVICE 15,791,591.00 6,229,524.65 9,562,066.35 39.450% CAPITAL IMPROVEMENT FUND: Allocated Interest 0.00 17,936.90 (17,936.90) 0.000% Non Allocated Interest 0.00 18,457.33 (18,457.33) 0.000% Developer Agreement 0.00 0.00 0.00 0.000% Transfers In 0.00 0.00 0.00 0.000% TOTAL CAPITAL IMPROVEMENT 0.00 36,394.23 (36,394.23) 0.000% LOW/MODERATE TAX FUND: Tax Increment 2,871,265.00 1,494,435.00 1,376,830.00 52.050% Allocated Interest 7,400.00 71,370.40 (63,970.40) 964.460% Non Allocated Interest 20,000.00 0.00 20,000.00 0.000% Developer funding 7,054,074.00 622,304.65 6,431,769.35 8.820% 2nd Trust Deed Repayment 0.00 55,733.59 (55,733.59) 0.000% ERAF Shift - Interest 0.00 0.00 0.00 0.000% Sale of Land 0.00 108,570.08 (108,570.08) 0.000% Transfer In 0.00 0.00 0.00 0.000% TOTAL LOW/MOD TAX 9,952,739.00 2,352,413.72 7,600,325.28 23.640% LOW/MODERATE BOND FUND: Allocated Interest 0.00 0.00 0.00 0.000% Non Allocated Interest 400,000.00 0.00 400,000.00 0.000% Bond proceeds (net) 39,150,000.00 0.00 39,150,000.00 0.000% Transfer In 0.00 0.00 0.00 0.000% TOTAL LOW/MOD BOND 39,550,000.00 0.00 39,550,000.00 0.000% 10 LA QUINTA REDEVELOPMENT AGENCY EXPENDITURE SUMMARY PROJECT AREA NO. DEBT SERVICE FUND: 07/01/2003 - 3/31/04 REMAINING BUDGET EXPENDITURES ENCUMBERED BUDGET SERVICES 229,013.00 167,988.69 0.00 61,024.31 BOND PRINCIPAL 176,169.00 176,169.00 0.00 0.00 BOND INTEREST 578,895.00 576,569.70 0.00 2,325.30 INTEREST CITY ADVANCE 957,8W.00 718,349.99 0.00 239,450.01 INTEREST - ERAF UMOD LOAN 0.00 0.00 0.00 0.00 PASS THROUGH PAYMENTS 9,779,225.00 4,890,112.89 0.00 4,889,112.11 TRANSFERS OUT 0.00 0.00 0.00 0.00 TOTAL DEBT SERVICE 6,529,190.27 0.00 6,191,911.73 CAPITAL IMPROVEMENT FUND: PERSONNEL 2,900.00 4,000.22 0.00 (1,100.22) SERVICES 78,544.00 78,826.67 0.00 (282.67) ADVERTISING -ECONOMIC DEV 0.00 3,490.97 0.00 (3,490.97) ECONOMIC DEVELOPMENT ACTIVITY 0.00 5,702.81 0.00 (5,702.81) REIMBURSEMENT TO GEN FUND 34,50900 25,880.22 0.00 8,628.78 TRANSFERS OUT (36,670.00) (44,110.00) 0.00 7,440.00 TOTAL CAPITAL IMPROVEMENT 79,283.00 73,790.89 0.00 5,492.11 LOW/MODERATE TAX FUND: LOWIMODERATE BOND FUND PERSONNEL 2,900.00 4.000.58 0.00 (1,100.58) SERVICES 127,171.00 152,379.13 0.00 (25,208.13) 2ND TRUST DEEDS 150,000.00 0.00 0.00 150,000.00 2ND TRUST DEEDS FROM CENTERPOINTE 2,520,000.00 0.00 0.00 2,520,000.00 48TH AND ADAMS - FROM CENTERPOINTE 1,423,203.00 0.00 0.00 1,423,203.00 LOW MOD HOUSING PROJECT/47TH/ADAMS PROJ f 0.00 0.00 489,592.00 48TH/ADAMS PLANNING 480,000.00 280,000.00 0.00 200,000.00 FORECLOSURE ACQUISITION 150,000.00 0.00 0.00 150,000.00 REIMBURSEMENT TO GEN FUND 71,988.00 53,991.00 0.00 17,997.00 TRANSFERS OUT 9,131,066.00 232,599.68 0.00 8,898,466.32 TOTAL LOW/MOD TAX 14,54 .00 722,970.39 0.00 13,822, 49.61 2nd TRUST DEEDS 7,000,000.00 0.00 0.00 7,000,000.00 LAND 31,000,000.00 0.00 0.00 31,000,000.00 BOND ISSUANCE COSTS 1,500,000.00 0.00 0.00 1,500,000.00 TRANSFERS OUT 50,000.00 0.00 0.00 50,000.00 TOTAL LOW/MOD BOND 39,5 0,0 0.0 0.00 0.00 39,550,000.00 11 5 4CV�Q* I ,itlt AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: May 18, 2003 CONSENT CALENDAR: ITEM TITLE: Approval of a Resolution Adopting the Fiscal Year 2004/2005 Capital Budget and Making STUDY SESSION: Certain Findings Pursuant to Health and Safety Code PUBLIC HEARING: Section 33445(a) RECOMMENDATION: Adopt a Resolution authorizing the inclusion of the projects identified in the Fiscal Year 2004/2005 Capital Budget into the Agency's 2004/2005 operating budget and making certain findings pursuant to Health and Safety Code Section 33445(a). (Please note that this item should only be considered after the City Council Public Hearing on the 2004/2005 through 2008/2009 Capital Improvement Program is heard.) FISCAL IMPLICATIONS: Adoption of the Resolution will approve the projects identified in the Fiscal Year 2004/2005 Capital Budget and make the necessary findings pursuant to the Health and Safety Code for use of Redevelopment Agency (RDA) Project Area No. 1 funds. Allocation of funds for these projects will not be approved until the City Council approves its Fiscal Year 2004/2005 Annual Operating Budget. When the City Council approves the Annual Operating Budget for Fiscal Year 2004/2005, it will also authorize the expenditure of $10,458,076 for Fiscal Year 2004/2005 capital projects. Of this amount, $2,776,000 will come from RDA Project Area No. 1 funds. CHARTER CITY IMPLICATIONS: Because RDA funding will be used on these improvement projects, the projects will be bid with a requirement that the contractors pay, prevailing wage. 12 BACKGROUND AND OVERVIEW: On April 12, 2004, the CIP five—year forecast was presented to the City Council for review during a Study Session. The document is a statement of the City's goals, objectives, and priorities for a five-year CIP and the financial commitments required to accomplish those objectives. The preparation of this document has been a joint effort of the City Manager's Office, Public Works Department, Finance Department, Building and Safety Department, Community Services Department, Community Development Department, and the City Clerk's Office. The purpose of the CIP is to provide the City with a long-range program for major municipal capital construction projects based on the systematic development of an advanced financial plan. The CIP is a five-year planning instrument used by the City to identify capital improvement needs and to coordinate financing and timing of those needs in a way that maximizes the return to the public. As each annual budget is prepared, additional projects and priority needs are developed and added to the program to maintain a complete five-year plan. The amount allocated from the CIP for first -year projects is called the capital budget and is based on the City's present fund balances. The capital budget is incorporated into the annual City "operating" budget, which appropriates funds for specific facilities, equipment, and improvements. Projects slated for subsequent years in the program are approved on a planning basis only and do not receive ultimate expenditure authority until they are actually incorporated into the capital budget. In response to the City Council's comments during the April 15, 2003 Study Session, the construction phase of Project Number 2002-03, Eisenhower Drive Bridge and Drainage Improvements was moved from the list of unfunded "Additional Projects" and identified for funding within Fiscal Year 2004/2005 (the capital budget for next year). The construction phase of this project is estimated to cost $2,691,000. Project funding will be obtained from unassigned RDA Project Area No. 1 funds. Overall, the City is proposing approximately $1 1,591,892 in projects during the next five years. The remaining projects represent unfunded "Additional Projects" totaling $60,374,086. The funding of the "Additional Projects" listed will require future City Council consideration to ensure revenue availability. This CIP has been developed using fiscally conservative methodology as directed by the City Council. Prior to proceeding with any project, City Staff will present the project to the City Council for authorization. 2 13 Health and Safety Code Section 33445(a) requires the Agency Board to make certain findings regarding the use of RDA funding for capital improvement. The attached resolution contains the required findings. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution authorizing the inclusion of the projects identified in the Fiscal Year 2004/2005 Capital Budget into the Agency's 2004-2005 operating budget and making certain findings pursuant to Health and Safety Code Section 33445(a); or 2. Do not adopt a Resolution authorizing the inclusion of the projects identified in the Fiscal Year 2004/2005 Capital Budget into the Agency's 2004/2005 operating budget and making certain findings pursuant to Health and Safety Code Section 33445(a); or 3. Provide staff with alternative direction. Respectfully submitted, Timothy Jon In, P. E. Public Works Di ctor/City Engineer Approved for submission by: Thomas P. Genovese, Executive Director 3 14 RESOLUTION NO. 2004- A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF LA QUINTA, CALIFORNIA, ADOPTING THE FISCAL YEAR 2004/2005 CAPITAL BUDGET AND MAKING CERTAIN FINDINGS PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445(a) AND AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE IMPROVEMENTS WHEREAS, the City of La Quinta (the "City'l intends to adopt a Capital Improvement Plan (the "Plan'l; and WHEREAS, the Plan is a five-year planning instrument used by the City to identify capital improvement needs and to coordinate financing and timing of those needs in a manner that maximizes the return to the public; and WHEREAS, the Plan is a statement of the City's goals, objectives and priorities for a five-year Plan and the financial commitments required to accomplish those objectives; and WHEREAS, the Fiscal Year 2004/2005 through 2008/2009 Plan proposes approximately $1 1,591,892 in improvement projects and $60,374,086 of unfunded additional improvement projects over the five-year period, commencing on July 1, 2004 and ending June 30, 2009; and WHEREAS, the amount allocated from the Plan for first -year projects, called the capital budget, proposes. $10,458,076 in improvements, as shown in Exhibit 1, heretofore made a part of this Resolution; and WHEREAS, there is inadequate funding within the City's General Fund or from other sources to completely and fully fund the improvements identified within the capital budget; and WHEREAS, the completion of the improvements identified within the capital budget will help to obtain the goals and objectives of La Quinta Redevelopment Project Area No. 1 ( "Project Area'1 as well as to afford an opportunity to eliminate conditions of blight in the Project Area; and WHEREAS, it would be in the best interest of the public to completely fund all improvements identified within the capital budget. NOW THEREFORE, BE IT RESOLVED, by the City of La Quinta Redevelopment Agency: 15 4 Resolution No. 2004- Capital Improvement Plan Adopted: May 18, 2004 Page 2 SECTION 1. The above recitations are true and correct and are adopted as the findings of the Agency Board. SECTION 2. The Agency hereby authorizes Redevelopment Agency Project Area No. 1 funding be utilized to fund certain improvements within the Fiscal Year 2004/2005 Capital Budget. SECTION 3. Pursuant to Health and Safety Code Section 33445(a), the Agency finds and determines that: A. The proposed improvements identified within the Fiscal Year 2004/2005 Capital Budget are of benefit to the Redevelopment Agency Project Area No. 1 and to the immediate neighborhoods in which the improvements will be located. B. No other reasonable means of financing the improvements are available to the community. C. The proposed improvements identified within the Fiscal Year 2004!2005 Capital Budget will assist in the elimination of one or more blighting conditions inside Project Area No. 1 and are consistent with the La Quinta Redevelopment Agency's implementation plan adopted pursuant to Section 33490. BE IT FURTHER RESOLVED, the City of La Quinta Redevelopment Agency Board authorizes the inclusion of said capital budget into the Fiscal Year 2004/2005 operating budget, which appropriates funds for specific facilities, equipment and improvements. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta Redevelopment Agency held on this 18th day of May 2004, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: TERRY HENDERSON, Chair La Quinta Redevelopment Agency T:\PWDEPT\COUNCIL\2004\05-18-04\RDA CIP Reso.doc 5 16 Resolution No. 2004- Capital Improvement Plan Adopted: May 18, 2004 Page 3 ATTEST: JUNE S. GREEK, CMC, Agency Secretary La Quinta Redevelopment Agency APPROVED AS TO FORM: M. KATHERINE JENSON, Agency Counsel La Quinta Redevelopment Agency 6 17 T:\PWDEPT\COUNCIL\2004\05-18-04\RDA CIP Reso.doc T4-14t 4 X4P �utHrw COUNCIL/RDA MEETING DATE: May 18, 2004 ITEM TITLE: Consideration of an Amendment to the Professional Services Agreement with The Keith Companies for Civil Engineering Services for SilverRock Resort RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve an amendment to the Professional Services Agreement (PSA) with The Keith Companies to provide additional civil engineering services in an amount not -to -exceed $178,079 and authorize the Executive Director to execute the amendment. FISCAL IMPLICATIONS: The City's Capital Improvement Program 2003/2004 budget includes $5,184,200 for professional services for the SilverRock Resort project. With the Agency's approval, this increased cost can be funded from the $5,098,043 contingency budget for the entire project. BACKGROUND AND OVERVIEW: On September 16, 2003, the Agency approved a PSA with The Keith Companies (TKC) to provide Civil Engineering Services for the SilverRock Resort project. On March 2, 2004, the Agency approved an amendment in the amount of $30,000 for additional survey work not included in TKC's original scope of work. This portion of extra work is completed. In conjunction with design development and construction of the project, a number of additional changes to the civil engineering scope of work have occurred. They are set forth in the attached TKC addendum request. Because it was determined for quality control purposes to not have the golf course contractor (Weitz Construction) bid construction survey as part of their contract, TKC " I a has prepared this addendum for survey. In addition, the addendum reflects design, project management, agency coordination, and survey costs to provide construction staking for Avenue 52 and Avenue 54 street, water, electrical and sewer improvements not in TKC's original scope of work. A brief summary of the additional work is set forth below: 1. Survey: Provide survey to verify grading contractor's compliance with specific tolerances to the approved grading plan. Re -stake of holes Nos. 5, 6, 7 and 18 for grading contractor due to changes by Palmer Design. Staking of all golf course lakes and utilities. Construction staking for Main Entry water feature, gas line, Avenue 52 & 54 street and utility improvements. This work to be performed on a time and materials basis not to exceed. ($106,090) 2. Design of Avenue 54 water and sewer line extension and prepare precise Grading Plan for temporary clubhouse and title report. ($40,199) 3. Project Management services in attending project development team meetings and agency coordination. ($17,250) 4. Construction service support for golf course and external infrastructure. ($1 1,040) 5. Additional reimbursable expenses for printing, delivery, etc. ($3,500) The total for the above is $178,079. FINDINGS AND ALTERNATIVES: The alternatives available to the Agency Board include: 1. Approve an amendment to the Professional Services Agreement with The Keith Companies to provide additional civil engineering services in an amount not -to - exceed $178,079 and authorize the Executive Director to execute the amendment; or 2. Do not approve an amendment to the Professional Services Agreement with The Keith Companies to provide additional civil engineering services in an amount not -to -exceed $178,079 and do not authorize the Executive Director to execute the amendment; or 3. Provide staff with alternative direction. 2 19 Respectfully submitted, Mark Weiss, Assistant Executive Director Approved for submission by: Z�? Thomas P. Genovese, Executive Director Attachment: 1. The Keith Companies Contract Amendment 20 ATTACHMENT 1 PROFESSIONAL SERVICES AGREEMENT AMENDMENT NO.2 PROJECT: SilverRock Resort Civil Engineering Services CONSULTANT: The Keith Companies ****************************************************************************************** Pursuant to the terms of the original Contract Agreement, you are hereby directed to make the herein described changes or do the following described work not included in the plans and specifications for this Contract. Unless otherwise stated all work shall conform to the terms, general conditions, and special provisions of the original Contract. DESCRIPTION OF CHANGE Provide additional survey and civil engineering services as required in order to support Construction of Phase 1. Previous Contract Amount $444,182.00 Amendment No.1 $30 000.00 Add this Amendment No. 2 $178 079.00 Revised Contract Total $652,261.00 Submitted By: Date: Approved By: Date: We, the undersigned Consultant, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, perform all labor, except as may be noted above, and perform all services necessary to complete the above specified work, and hereby accept as full payment the amount shown above. Accepted By: Title: Consultant: Date: PSA96041.doc 4 21 TASK DESCRIPTION FEE A. Additional design and project management not part of the Original Contract (FIXED FEE) 1. Review of Open and Current Title Report 2. Precise Grading and Paving Plan 3. Sewer and Water Plans (incl. temporary sewer lift station) 4. Project Management and Agency Coordination a. Special Agreement and Contractor Coordination b. Weekly Team Meetings (prior to May, 2004) c. Weekly Team Meetings (May, 2004 through July, 2004) d. Golf -related support (through December, 2004) e. Infrastructure -related support (through December, 2004) Subtotal Task "A" $1,000.00 $2,435.00 $36,764.00 $3,450.00 $8,970.00 $4,830.00 $5,520.00 5 520.00 $689489.00 B. Additional survey work not part of the Original Contract (T&M, NTE unless stated) 1. Additional Golf Course Verification/Certification a. West Side Back Nine Verification (hole nos. 16 to 18, 12 tee and 11 green) $2,500.00 b. Front Nine Verification (hole nos. 1 to 9) $7,500.00 c. Prepare Revised DTM (hole nos. 5 to 8) FIXED FEE $7,000.00 d. Prepare Revised DTM (driving range, prepare with hole nos. 5 to 8) FIXED FEE $3,000.00 2. Golf Course Construction Layout a. Pump Station Layout, Golf Electrical, South PL (Survey Request 6) $6,260.00 b. Lake Interconnect #7 to #17, Water Supply Line #17 (Survey Request 7) $4,250.00 c. Golf Course Private Sewer and Water Layout (comfort stations and bio-filter) $9,740.00 d. "Backbone" Electrical (Avenue 52 to Temporary Clubhouse) $2,435.00 e. Canal Borings/Bridge Staking $2,435.00 f. L-4 Pump Station Wall Improvements $2,435.00 g. Canal Turnout Staking $2,435.00 h. #7 Lake Staking $3,650.00 i. Practice Facility Construction Staking $5,000.00 j. Entrance Lake Staking $5,000.00 k. Ave. 52 and 54 PL, KSL easements (2), CVWD easement at Ave. 54 $10,000.00 1. Lake Interconnect Piping at Entry $5,000.00 3. Infrastructure Construction Staking a. Main Entry Feature $3,650.00 b. Gas Line Extension from Jefferson to Temp. Clubhouse $2,450.00 c. Ave. 54 Sewer/Water Improvements $4,900.00 d. Ave. 54 Electrical Extension $2,450.00 e. Ave. 52 Street Improvements $12,500.00 f. Ave. 52 Water Improvements $1,500.00 Subtotal Task "C" $106,090.00 Reimbursables ("in-house" plots and printing, etc.) $3,500.00 ADDENDUM NO.2 TOTAL $1789079.00 5 240; ce � CV COUNCIL/RDA MEETING DATE: May 18, 2004 ITEM TITLE: Consideration of an Amendment to the Professional Services Agreement with Pacific Advanced Engineering Services, Inc. (PACE) for Water Resource Design Services for SilverRock Resort RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve an amendment to the Professional Services Agreement with PACE for additional services in an amount not -to -exceed $83,250 and authorize the Executive Director to execute the amendment. FISCAL IMPLICATIONS: The City's Capital Improvement Program 2003/2004 budget includes $5,184,200 for professional services for the SilverRock Resort project. With the Agency's approval, this increased cost can be funded from the project's $5,098,043 contingency budget. BACKGROUND AND OVERVIEW: On November 4, 2003, the Agency approved a professional services agreement with PACE to provide water resources design services for the SilverRock Resort project. Included in the services were: the preparation of a Water Management Plan for the entire site to meet CVWD regulations, design of the project lake system, pipes, pumps, wells, canal turnouts, irrigation master controls, drainage master plan and treatment of storm water run-off. In conjunction with the design of the project, a number of changes to the PACE scope of work has occurred. They are outlined in detail in the attached authorization for change order from PACE, dated April 21, 2004 (Attachment 1). A brief summary of these changes are as follows: 23 1 . Lake system modification, including an additional pump station, telemetry system, re -designs of the Village Lake pump station and bio-filter backwash design modification. ($15,600) 2. Canal turnout structure modifications required by CVWD to provide telemetry and the CVWD requirement to provide plan and profile plans for the pipes from the canal to the irrigation lake. ($7,640) 3. Increased scope of work associated with the added entry feature at Avenue 52, including design of retaining walls, an additional pump station, water feature piping and hydraulics, grading the electrical plans. ($19,170) 4. An update to the Water Management Plan is required to meet CVWD regulations. This requires close coordination with the landscape and irrigation designers to insure compliance with the Water Master Plan. ($8,480) 5. Design of a lake level monitoring plan to provide lake level controls and telemetry options to minimize lake overflow or excessive draw -down. ($ 5, 540) 6. Construction bidding assistance in preparing bid packages, value engineering, deductible alternates and plan modifications. ($6,020) 7. Because the lakes are a significant part of the project, it is anticipated PACE staff will be needed to attend construction meetings, review shop drawings and provide clarification of construction documents. This work will be on a time and materials basis with all work tasks requiring staff approval in advance. ($15,800 T&M). 8. An additional $5,000 is requested on a time and materials basis for blueprinting, travel, etc. The total for the above is $83,250. PACE has provided excellent design services to the Agency on this fast tracked project and their continued participation through the end of construction is essential to the project's success. FINDINGS AND ALTERNATIVES: The alternatives available to the Agency Board include: 1. Approve an amendment to the professional services agreement with PACE for additional services in an amount not -to -exceed $83,250, and authorize the Executive Director to execute the amendment; or 2. Do not approve an amendment to the professional services agreement with PACE for additional services in an amount not -to -exceed $83,250, and do not authorize the Executive Director to execute the amendment, or 24 2 3. Provide staff with alternative direction. Respectfully submitted, Mark Weiss, Assistant Executive Director Approved for submission by: l Thomas P. Genovese, Executive Director Attachment: 1. PACE / Modified Scope of Work �J 3 ATTACHMENT 1 T 4bf 4Z'a�rw PROFESSIONAL SERVICES AGREEMENT AMENDMENT NO. 1 PROJECT: SilverRock Resort Water Resources Design Services CONSULTANT: Pacific Advanced Civil Engineering, Inc. Pursuant to the terms of the original Contract Agreement, you are hereby directed to make the herein described changes or do the following described work not included in the plans and specifications for this Contract. Unless otherwise stated all work shall conform to the terms, general conditions, and special provisions of the original Contract. DESCRIPTION OF CHANGE Provide additional survey and civil engineering services as required in order to support Construction of Phase 1. Previous Contract Amount $177,500.00 Add this Amendment No.1 $83 250.00 Revised Contract Total $260,750.00 Submitted By: Date: Approved By: Date: We, the undersigned Consultant, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, perform all labor, except as may be noted above, and perform all services necessary to complete the above specified work, and hereby accept as full payment the amount shown above. Accepted By: Title: Consultant: Date: 4 26 i PACIFIC ADVANCED CIVIL ENG NEERI Gli INC.. 17S20 Newhope Street, Suit: 200 Fountain Valle, California 92708 a 714.481.7300x fax: 714.48I1.7299 AUTHORIZATION FOR CHANGE ORDER TO: Mr. Mark Weiss City of La Quinta DATE: April 21, 2004 PO Box 1504 PROJECT: PACE # 7645E - SilverRock Resort 78-495 Calle Tampico La Quinta, CA 92253-1504 C.O. AUTHORIZATION #: 1 telephone: (714) 568-7300 facsimile: (714) 542-4910 ATTN: Mark Weiss [Task Nos.: 22, 42, 50, 51, 52, 70, 80] h ective: To provide additional water resource consulting services for the Silver Rock Ranch project. DescriQtlon of Services: Fees: Task 22 — Lake System Construction Documents — C.O. #1 $15,600 Scope of golf course lake construction documents was modified to meet revised project scope based upon completion of the lake design development [Task 21] including the items listed below:. A. Additional pump station (at Avenue 52"d Entry) was required to complete circulation of the Phase 1 to Phase 2 Golf Course Lake System. Large (11 ft x 16 ft) below grade pump station with 5 pumps and a total water feature/lake circulation flow rate of 11,000 GPM. Pump station design included structural, mechanical and hydraulic design requirements. B. Additional pump station controls and electrical schematic design and construction document base plans for added pump station electrical design. C. Additional telemetry system design to monitor lake level at each lake and send signal to irrigation control system in the event of high/low water level. D. Redesign of Village Lake pump station (initial design had pump station above grade and to be constructed adjacent to the golf course comfort station) but, due to sewer line relocation from civil engineer, the design had to be revised. Revised design included construction documents, structural mechanical and hydraulic calculations to provide a stand-alone below grade pump station. E. Prepare bio-filter backwash sewer line stub out for + 300 LF of 6" sewer line from bio- filter(s) at Village Lake #3 to The Keith Companies sewer line to east comfort station. Including construction document revisions and coordination. F. Develop alternatives to provide Lake #17 bio-filter backwash sewer connection. Ultimately, the decision was to eliminate bio-filter and revise the construction documents accordingly. Task 42 — Water Delivery Canal Turnout Structure — C.O. #1 $ 7,640 A. Consultant shall coordinate with CVWD regarding telemetry requirements for the project turnout structures, This scope was not included as part of the original proposal 2 76 Mark Weiss April 21, 2004 SiIverRock Resort - Water Resources Desion #7645E Pane 2 of 5 B. A second turnout structure was designed and construction documents prepared for submittal to CVWD for review and approval. The original scope of work anticipated (1) turnout from CVWD canal for the entire project. But based on coordination with CVWD, an option for a second turnout presented itself and based on redundancy and power cost savings, the Client elected to proceed with design and construction of second turnout structure. C. Pipeline horizontal and vertical layout required by CVWD for the 2"d turnout structure to Lake #17.. D. Pipeline plan and profile from westerly irrigation turnout to Lake #17 as required by CVWD. E. Hydraulic calculations and mechanical system design/controls for second turnout. F. Substantial additional effort has been required to facilitate CVWD review process including coordination of BQR encroachment permission. Note: This change order does not include CVWDBQR coordination or permit request beyond what has currently been submitted and is in progress. Task 50 — Avenue 52 Entry Feature Construction Documents $ 19E,170 Scope and scale of final design / CD's for the Avenue 52 entry are well beyond the originally intended scope and fee: A. Design 450 LF of Glass Fiber Reinforced Concrete ("GFRC°) rock retaining walls various heights (12' high maximum) and provide structural details for the construction documents. B. An additional pump station was required for the Avenue 52 entry. Included in the design is a below grade pump station with four of the circulation pumps for the entry feature system. C. Additional water feature pipe sizing, hydraulic design, and pipe alignment. D. Detailed and final grading plan for entry feature based on concepts prepared by GMA final grading provided to TKC and Palmer. E. Horizontal and vertical layout of expanded water feature elements including new GFRC waterfalls and streams. F. Additional electrical plans for pump station equipment specified by PACE. Task 51 — Update Water Manacement Plan $ 8,480 A. Consultant to coordinate with Pinnacle Design, R.G.A., and Dale Winchester Irrigation to obtain planting areas for the purpose of updating the Water Management. Plan ("W MP-). B. Consultant to coordinate with City requirements regarding temporary turf usage (northeast parking area) and revise the water management plan calculations accordingly. C. Consultant to provide updated calculations for Phase 1 and project water demand. D. Update for Phase 1 only a Water Management Plan to be re -submitted to CVWD. E. Dale Winchester, R.G.A. and Pinnacle Design to provide V-40' scale landscape & irrigation CDs for submittal to CVWD along with specific project irrigation demand calculations. F. Provide five (5) copies of WMP to client. Mark Weiss Apra 21, 2004 SiiverRock Rejort - Water Resources Design #7645E Page 3 of 5 G. Submit updated Water Management Plan to CVWD and coordination of CVWD approval of document. Note: Any modifications of specific irrigation plans will be responsibility of irrigation designers. Task 52 — Lake Level Monitoring Plan $ 5,540 A. Consultant to coordinate with the City of La Quinta to determine requirements for lake level monitoring. B. Consultant to provide level control and telemetry options and present to the City for review. C. Consultant to coordinate with Rainbird to integrate lake level monitoring with golf course irrigation water use program. D. After the City review, consultant to provide process and instrumentation diagram and sequence of operation for the lake level monitoring and telemetry system. The telemetry as discussed will be through radio communication and NOT hardwire. It shall be completely independent of the golf course irrigation system. E. Consultant shall provide construction documents and specification for instrumentation and controls required. F. Lake level monitoring to be located in proposed maintenance area. G. Consultant shall provide clarification if necessary as part of the Services during Construction task. Task 70 — Construction Bidding Phase $ 6,020 A. Consultant shall prepare bid form, and quantity take -off to be included with overall project bid package. Consultant shall attend pre -bid meeting with contractors. B. At the Client's request, the Consultant shall prepare detailed construction cost estimate (multiple formats, i.e., by laketfeature area and by lake feature element). In addition, Consultant shall prepare value -engineered deduct alternates to facilitate project estimate conformance to budget. Consultant shall modify bid form and construction documents to clarify and quantify deductive alternatives. C. Consultant shall provide clarification, revisions and addenda, as needed to the water feature construction documents to respond to bidders request to assist issuance and negotiation of final pricing and contractor selection. Task 80 — Services Durina Construction — Lake Construction (T&E) $15,800 Consultant shall take direction and attend meetings, conduct site visits, as directed by Client.. A. Attend pre -construction meeting and additional meetings regarding construction clarification as requested by Client. B. Provide the following support services during lake construction phase: A. Construction Administration: a. Review the following shop drawing submittals by contractors relative to conformance to construction documents. 1. Lake recirculation pump, station(s) -mechanical, electrical & structural. 2. Irrigation pump station (lake recirculation and controls) 7 09 Mark Weiss April 21, 2004 SilverRock Resort Water Resources Design #7645E Pane 4 of 5 3. Aeration system - mechanical, electrical & structural. 4. Valving & Telemetry System - mechanical, electrical & structural. 5. Glass fiber reinforced concrete (GFRC) Retaining walls at entry — grading, structural and hydraulic. 6. Miscellaneous. b. Provide clarification of construction documents as requested and assist issuance and negotiation of pricing for change orders including: 1. Resolution of bio-filter backwash sewer lines. 2. Laketturn-out Structure Fill system telemetry. 3. City requested lake overfill monitoring telemetry system. 4. Value engineering alternatives as proposed by Golf Course contractor. C. Conduct monthly (approximate) site visits (6 trips included), one final on -site review of construction, and provide a completion punch list report. D. Review Contractors final As -Built drawings for completeness. Task 00 — Reimbgrsables/Expenses (T&E) $ 5,000 (To include all blueprinting, shipping, travel, reproduction, and other miscellaneous direct project expenses. Reimbursables are invoiced separately at cost plus 10%.) Increase to original authorization of $5000. Fee Subtotal: $83,250 Mark Weiss Apra 21, 2004 SllverRock Resort Water Resources Design #7645E Paue 5 of 5 Amount of Compensation: Previously Authorized: $177,500 This Request • Change Order #1: $ 83,250 New Contract Amount: $260,750 Estimated By: Mark E. Krebs, P.E. AGREED TO AND ACCEPTED BY: By Mark Weiss, City of La Quinta Date Signature Date 3 1 9 COUNCIL/RDA MEETING DATE: May 18, 2004 BUSINESS SESSION: ITEM TITLE: Consideration of Entering Into a Joint Powers Agreement with CVAG to Create a Coachella Valley Home Purchase Finance Authority RECOMMENDATION: As deemed appropriate by the Agency Board. FISCAL IMPLICATIONS: None at this time. BACKGROUND AND OVERVIEW: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Staff received a request from the Coachella Valley Association of Governments (CVAG) on January 14, 2004 requesting the City enter into a Joint Powers Agreement with CVAG and other.local governments to authorize CVAG to administer affordable housing loans for moderate income households. The program is intended to serve first- time homebuyers in a moderate income bracket by providing assistance with a down - payment of up to 25 %. The bank will carry the remaining 75 % of the home cost. A consortium of eight banks will pool $2.35 million to fund this program with $200,000 to be held in a reserve account. This matter has been before the CVAG Technical and Advisory Committees. CVAG, on behalf of the Joint Powers Authority, would administer the program and receive an administrative fee. As presented during the Joint City Council/Planning Commission meeting, the City of la Quinta currently meets the Regional Housing Needs Assessment numbers assigned to it by Southern California Association of Governments. C•%f';+.AA-,%CTA=r- DCDnOTC nkll V%Dr. f'%IA/_ .inn CVAG has either presented or transmitted information regarding this program to all the Coachella Valley cities and to date, according to CVAG, the following cities have taken the following action: Palm Springs Cathedral City Rancho. Mirage Palm Desert Indian Wells Indio Coachella Desert Hot Springs Blythe No action taken Adopted Not participating Adopted Not participating Not participating Adopted Adopted Adopted The matter is before the Council for their consideration and direction. FINDINGS AND ALTERNATIVES: The alternatives available to the Agency Board include: 1. Join the Joint Powers Authority; or 2. Do not join the Joint Powers Authority; or 3. Provide staff with alternative direction. Respectfully submitted, 4ermdn' unity Development Director Approved for submission by: Thomas P. Genovese, Executive Director Attachment: 1. Joint Powers Agreement 02 33. C•11'i+..AA^r%CTACC OCOt10TC rNK11 V1129 r'%IArr LJ-;"^ 4-- CVAG COACHELLA VALLEY ASSOCIATION of GOVERNMENTS Blythe • Cathedral City Coachella • Desert Hot Springs - Indian Wells • Indio • Le Quinta - Palm Desert • Palm Springs • Rancho Mirage County of Riverside • Agua Caliente Band of Cahuilla Indians • Cabazon Band of Mission Indians • Torres Martinez Desert Cahuilla Indians CVAG Memo January 13, 2004 TO: City/County Managers Les Nelson, Blythe Don Bradley, Cathedral City Jerry Santillan, Coachella Jerry Hanson, Desert Hot Springs Greg Johnson, Indian Wells Tom Ramirez, Indio Tom Genovese, La Quinta Carlos Ortega, Palm Desert David Ready, Palm Springs Patrick Pratt, Rancho Mirage Michael O'Connor, Riverside County FROM: Rosalind Smith RE: JPA agreement: Coachella Valley Home -Purchase Finance Authority Enclosed is the agreement for the joint powers authority that would govern CVAG's proposed down -payment -assistance program. As directed by the Executive Committee, which approved the agreement in concept, CVAG's attorney Toni Eggebraaten has solicited questions and comments from the city/county attorneys, as well as the Executive Committee, and incorporated their requested changes to finalize the document. Pending the attorneys' review, the Executive Committee also authorized staff to present the agreement to the city councils/redevelopment agencies and county board of supervisors to ascertain whether they would elect to join the JPA. Having completed the attorneys' review, we are now ready to proceed to the council/board presentations. Eight banks have pledged $2.35 million to fund the program. But because reaching this stage has taken several months, time is becoming a pressing factor for the banks, which are required by the Community Reinvestment Act to invest in active affordable -housing programs. They are not in a position to hold off on their investments indefinitely. Therefore, we request that you place this item on your legislative body's agenda by March 31, 2004. Please notify John Wohlmuth when the item is scheduled. CVAG staff will inform the Executive Committee, city/county managers and housing directors if jurisdictional participation, as determined by the banks, is adequate to form the JPA and establish the lenders' consortium. If you have any questions or comments, please contact Ms. Eggebraaten [760-772-4292 or tonieg-gaol.com]or John Wohimuth at CVAG. Thank you. 03 73-710 Fred Waring Drive, Suite 200 - Palm Desert, CA 92260 • [760) 346-1127 • FAX [7650j 340-59 JOINT POWERS AGREEMENT COACHELLA VALLEY HOME -PURCHASE FINANCE AUTHORITY This Agreement is made and entered into, pursuant to Government Code Sections 6500 et seq. and under the sponsorship of the Coachella Valley Association of Governments, by and between the following public agencies: (a) County of Riverside [Redevelopment Agency] (b) City of Blythe [Redevelopment Agency] (c) City of Coachella [Redevelopment Agency] (d) City of Indio [Redevelopment Agency] (e) City of La Quinta [Redevelopment Agency] f City of Indian Wells [Redevelopment Agency] (g) City of Palm Desert [Redevelopment Agency] (h) City of Rancho Mirage [Redevelopment Agency] (i) City of Cathedral City [Redevelopment Agency] (j) City of Palm Springs [Redevelopment Agency] (k) City of Desert Hot Springs [Redevelopment Agency] These public agencies are sometimes referred to herein as "Parties" and/or `Members." RECITALS WHEREAS, California Government Code Sections 6500, et seq., provide that two or more public agencies may by agreement jointly exercise any power common to the contracting Parties; WHEREAS, the Parties to this Agreement each have and possess the power to provide down -payment assistance for first-time moderate -income homebuyers in the form of loans, including but not limited to the power to borrow monies from private lenders to fund such first-time home -buyer assistance programs; 12/21/03 Draft �1 04 Finance Authority JPA 35 WHEREAS, numerous programs and special subsidies are available to low and very -low income borrowers, but not to moderate -income buyers; WHEREAS, the absence of programs directed at the moderate -income buyer has created an affordability gap for the prospective buyer who cannot save enough for a down payment on a first home, but who has an income too high to qualify for low or very -low income assistance programs; WHEREAS, private lending institutions are required by federal law, the Community Reinvestment Act, to participate in programs to assist such buyers; WHEREAS, individually, the Member agencies can not offer a program large enough to attract significant participation of private lending institutions; WHEREAS, collectively, the Member agencies can offer a program large enough to attract the participation of several private lending institutions in a regional program for 'the benefit of moderate -income, first-time homebuyers in Blythe and the Coachella Valley; WHEREAS, the participation of several private lending institutions seeking to meet their obligations under the Community Reinvestment Act will -allow the Member agencies, collectively, to secure a funding source at a cost that is expected to be below the cost of administrating the loan program; WHEREAS, the Parties to this Agreement desire to join together for the purpose of jointly contracting with a consortium of private lenders to underwrite and create (a) pool(s) of funds from which secured loans might be made available by the contracting agencies to qualified, moderate -income, first-time homebuyers; and �-` 05 12/21/03 Draft Finance Authority JPA v6 WHEREAS, the Parties to this Agreement desire to join together for the further purpose of jointly administering such a program; NOW THEREFORE, it is agreed by and between the Parties hereto as follows: Article 1 Definitions Section 1.1 Definitions. As used in this Agreement, unless the context requires otherwise, the meaning of the terms set forth below shall be as follows: (a) "Accrue," in the context of the date that an obligation of the Authority accrued, shall not refer to the date of a demand or claim. Rather, where there is one act, omission or event giving rise to the obligation, the date of that one act, omission or event shall be the date the obligation accrued. However, where an obligation arises out of more than one act, omission or event, the accrual date shall refer to the entire period of time running from the first act, omission or event through the date of the last act, omission or event related to the same obligation. (b) "Authority" shall mean the Coachella Valley Home - Purchase Finance Authority created by this Agreement. (c) "Consortium" shall mean, collectively, the private lending institutions that contract with the Authority to underwrite and provide the 12/21/03 Draft Finance Authority JPA 37 pool(s) of funds from which the Authority shall provide loans to qualified homebuyers. (d) "CVAG" shall mean the Coachella Valley Association of Governments. (e) "Law" or `"the Law" shall mean the Joint Exercise of Powers Act, being Articles 1 and 2 of Chapter 5 of Division 7 of Title 1 of the California Government Code (Sections 6500, et seq.). (f) "Loan Committee" shall mean a committee that, subject to approval of the Board of Directors, sets all underwriting standards, rates and policies. (g) "Member" shall mean any public agency listed in the opening paragraph of this Agreement that becomes a signatory to this Agreement or any new Parties as permitted pursuant to Article 14 (Admission and Withdrawal of Parties). (h) "Moderate -income" means eighty (80) to one hundred twenty (120) percent of the median Riverside County income as determined by the U.S. Department of Housing and Urban Development. (i) "Represented Member Agency" refers to the Member agency represented by a Director, i.e.r the Member agency that appointed a particular Director. (j) "Treasurer" for the Authority shall be the Treasurer of CVAG, or any other person designated by the Board, who is to perform the duties of the Treasurer and Auditor -Controller of the Authority. 12/21/03 Draft 0'7 Finance Authority JPA Article 2 Creation of the Authority Section 2.1 Creation. There is hereby created pursuant to the Law a public entity to be known as the "Coachella Valley Home -Purchase Finance Authority," which shall be an agency or entity that is separate from the Parties to this Agreement. Article 3 Powers and Duties of CVAG Section 3.1 CVAG's Participation. CVAG shall be an ex-officio member organization of the Authority and shall have the following powers and duties: (a) To provide all administrative services for the Authority and its Initial Program; (b) To empower its Executive Director to serve as the General Manger and Secretary of the Authority; (c) To exercise such other powers and duties as the Board of Directors ,deems necessary to achieve the purposes of this Agreement. Section 3.2 Principal Office. The principal office of CVAG shall be the principal office of the Authority. The Board of Directors is hereby granted full power and authority to change said principal office from said location to another within the Coachella Valley. Article 4 Term of Agreement Section 4.1 Term. This Agreement shall become effective and the Authority shall exist at such time as 12/21/03 Draft 08. Finance Authority JPA 39 this Agreement has been executed by the Member public agencies identified hereinabove. Article 5 Membership Section 5.1 Membership. With the exception of CVAG which shall be an ex-officio member, each public agency which has executed or hereafter executes this Agreement, .and any addenda, amendments or supplement thereto, and which has not, pursuant to the provisions hereof, withdrawn or been terminated, shall be a Member of the Authority. Article 6 Purposes and Powers Section 6.1 Purpose. The purpose of this Agreement is to provide for the joint exercise, through the Authority, of powers common to each of the Parties, as described in the Recitals above, to provide down -payment assistance to qualified moderate -income, first-time homebuyers, in the form of secured loans, and to fund, originate, and administer such an assistance program, and to do all acts related or incidental thereto, either by the Authority alone or in cooperation with the Consortium or other entities, in order to educate and assist moderate -income buyers with their first purchase of a home. Section 6.2 Powers. The Authority shall have the power to exercise any power common to all the Parties as authorized by the Law and is hereby authorized to do all acts necessary for the exercise of these common powers, including, but not limited to, any of the following: (a) To exercise jointly the common powers of its Members to implement, manage and administer the 09 Finance Authority JPA 12/21/03 Draft Initial Program and any Specific Project Agreements; (b) To make and enter into contracts; (c) To incur debt, liabilities or obligations; (d) To acquire, hold, and dispose of property by lease, lease purchase or sale as necessary to the full exercise of its powers; (e) To lease, acquire, construct, manage, maintain, and operate any buildings, works, or improvements; (f) To sue and be sued in its own name; (g) To contract for the services of engineers, attorneys, planners, educators, housing assistance entities, technical specialists, financial consultants, and separate and apart therefrom, to. employ such other persons as it deems necessary; (h) To issue bonds, notes and other indebtednesses, and to enter into leases, installment sale and installment purchase contracts, all as provided for in Section 12.9 (Issuance of Bonds, Notes and Other Indebtedness). (i) To apply for, accept and receive state, federal or local licenses, permits, grants, loans or other aid from any agency of the United States of America, the State of California or other public or private entities necessary for the Authority's full exercise of its powers; (j) To receive gifts, contributions and donations of property, funds, services and other forms of financial assistance from persons, firms, corporations and any governmental entity; 12/21/03 Draft J 10 Finance Authority JPA 41 (k) To adopt rules, regulations, policies, bylaws and procedures governing the operation of the Authority; (1) To perform all acts necessary or proper to carry out fully the purposes of this Agreement; and (m) To the extent not hereinafter specially provided for, to exercise any powers in the manner and according to the methods provided under the laws applicable to the County of Riverside. Section 6.3 Initial Program. The Authority shall contract with a Consortium to obtain (a) pool(s) of monies from which the Authority shall make loans to qualified, first-time, moderate -income homebuyers. Such loans shall be secured against property to be purchased within the geographical boundaries of any Member agency, in a second priority position, in an amount roughly proportional to the equity position required by the lender providing the first mortgage (or trust deed). Underwriting for each loan considered by the Authority shall be conducted by an agency approved by the Consortium, and no loan shall be given except upon approval by the underwriting agency and at least two of the three Consortium representatives on the Loan Committee. The interest rate charged to the Authority by the Consortium for the use of funds advanced from the loan pool(s) shall be at least one percent (10) below the rate to be collected from the homebuyer on the corresponding second mortgage. Further, the interest rate charged to the homebuyer for the second mortgage shall not exceed the interest rate charged by the lender on the first mortgage. Thus, the loan pool funds shall be advanced by the Consortium at a rate to the Authority that is at least one 12/21/03 Draft 11 Finance Authority JPA 42 percent below the rate to be paid by the homebuyer on the first mortgage, as well as at least one percent below the rate to be paid by the homebuyer on the second mortgage. Section 6.4 [Reserved.] Article 7 Board of Directors Section 7.1 Governing Body. The Authority shall be governed by a Board of Directors consisting of one Director appointed by and serving at the pleasure of each Member agency. Each Director shall have the voting rights provided for in Section 7.13 (Voting). CVAG shall be represented as an ex-officio, non -voting member organization. The Board shall exercise all powers and conduct all business of the Authority, either directly or by delegation of authority to other bodies or persons pursuant to this Agreement and applicable law. Section 7.2 Qualifications. Each Director shall be a current member of the governing body of the appointing Member agency. Termination of office with the Represented Member Agency shall automatically terminate membership on the Board. Section 7.3 Regular Board Meetings. The Board shall hold at least one regular annual meeting and shall provide for such other regular meetings as it deems necessary. Meetings of the Board of Directors shall be held at such locations in the Coachella Valley and at such times as may be designated from time to time by the Board of Directors. Section 7.4 Special Meetings of the Board. Special meetings of the Board may be called by the. Chair, to be held at such times and places within the Coachella Valley as may be ordered by the Chair. Five percent or more of 2 12/21/03 Draft Finance Authority JPA 43 the Directors may also call a special meeting for any purpose. Section 7.5 Quorum. The Board of Directors shall act only upon a majority of a quorum. A quorum of any meeting of Directors shall consist of a majority of the Directors then designated by and serving on behalf of the Members. In the event that a Member has failed to designate a Director, or a Member's designated Director has died, resigned, left office, been terminated or is otherwise unwilling or unable to act as the designating Member's representative, and a replacement Director has not yet been designated such that the Member has no duly acting representative on the Board of Directors, that Member's vacant board seat shall not be included when calculating the number of Directors necessary to constitute a quorum. Except as otherwise provided in this Agreement, every act or decision made by a majority of the Directors present at a meeting duly held at which a quorum is present is the act of the Board. In the absence of a quorum, any meeting of the Directors may be adjourned from time to time by a vote of the majority present, but no other business may be transacted except as provided for in this section. The Directors present at a duly called or held meeting at which a quorum is present may continue to transact business until adjournment notwithstanding the withdrawal of enough Directors to leave less than a quorum, if any action taken, other than adjournment, is approved by at least a majority of the number of Directors required to constitute a quorum. Section 7.6 Chair and Vice -Chair. The Board of Directors shall annually elect from its membership a Chair and Vice -Chair to serve for a one-year term. Finance Authority AP 12/21/03 Draft Y 44 Section 7.7 Conduct of Meetings. The Chair or, in the absence of the Chair, the Vice -Chair, shall preside at all meetings of the Directors. Section 7.8 Termination of a Director. Any Director may be terminated for cause by a two-thirds (2/3) vote of the Directors. Additionally, any Director may resign effective on giving written notice to the Board of Directors, unless the notice specifies a later time for the effectiveness of such resignation. A successor shall be appointed by the Represented Member Agency as provided for in this Agreement. After the effective date of termination or resignation and prior to the appointment of a successor, the departing Director's seat shall not be counted when calculating the number of Directors necessary to constitute a quorum. Section 7.9 Vacancies on the Board. A vacancy on the Board of Directors shall exist, (a) on the death, resignation or termination of any Director, (b) upon removal by the Represented Member Agency, (c) at the end of any Director's term on the governing body of the Represented Member Agency, (d) whenever the number of Directors is increased, or (e) on the failure of the Member agencies to appoint the full number of Directors authorized. Vacancies on the Board of Directors may not be filled by the Directors. A vacancy shall be filled only by the Represented Member Agency for whom a Director is not then serving. Section 7.10 Other Officers. The Executive Director of CVAG or his/her designee shall be the secretary of the Authority. Any officer, employee or agent of any Member of the Authority may also be an officer, employee, or agent of any of the Member agencies. The appointment by the Members 12 21 03 Draft Finance Authority AA4 45 of such person shall be evidence that the two positions are compatible. Section 7.11 Minutes. The secretary of the Authority shall cause to be kept minutes of regular, adjourned regular and special meetings of the Board of Directors. Section 7.12 Rules. A majority of Directors may adopt rules governing meetings if not inconsistent or in conflict with this Agreement. In the absence of rules adopted by the Directors, Roberts' Rules of Order, as they may be amended from time to time, shall govern the meetings of the Directors in so far as they are not inconsistent or in conflict with this Agreement or any Authority bylaws. Section 7.13 Voting. Except as otherwise provided by this Agreement, each Director shall have one vote. Section 7.14 Compensation. Directors shall serve without compensation from the Authority. Article 8 Conduct of Meetings Section 8.1 Compliance with Brown Act. All meetings of the Board of Directors, or directors of any Specific Project, including, without limitation, regular, adjourned regular and special meetings, shall be called, noticed, held and conducted in accordance with applicable provisions of the Ralph M. Brown Act, California Government Code Sections 54950, et seq. Section 8.2 Teleconferencing. The Board of Directors and the directors of any Specific Project may use teleconferencing in connection with any meeting in conformance with, and to the extent authorized by, the Ralph M. Brown Act. 15 12/21/03 Draft Finance Authority JPA4 6 Article 9 Loan Committee Section 9.1 Loan Committee. There shall be a five ( 5 ) person Loan Committee. Subject to approval of the Board of Directors, the Loan Committee shall establish all underwriting criteria consistent with applicable government regulations, any requirements established by the members of the Consortium, and secondary -loan -market participants. Section 9.2 Qualifications. Subject to approval of the Board of Directors, the Loan Committee shall be composed of three (3) representatives of the participating lenders proposed by the Consortium; one (1) representative proposed by the Board of Directors; and one (1) representative proposed by the underwriting agency. Section 9.3 Terms of Office. The terms of office for individuals serving 'on the Loan Committee shall be two (2) years commencing with the date of the first meeting of the Loan Committee. Each Committee person shall hold office until his or her successor is elected or appointed and qualified for such office. Committee persons shall be eligible for re-election, provided they continue to meet the qualifications required by this Agreement. Article 10 Other Committees Section 10.1 Committees. From time to time the Board may create by majority vote various committees to carry on the business of the Authority. 16 12/21/03 Draft Finance Authority JPA 47 Article 11 Employees Section 11.1 General Manager and Staff. The Executive Director of CVAG shall serve as the General Manager of the Authority. Unless the use of outside employees or contractors is approved by the Board, the General Manager shall utilize CVAG staff as may be necessary to accomplish the purposes of the Authority. CVAG staff time, as well as office expenses, direct and indirect overhead, shall be charged to the Authority utilizing direct billing and other accounting practices that provide for a clear separation of funds. Section 11.2 Status. Where CVAG's or other Member agency's staff are utilized to accomplish the purposes of the Authority, all of the privileges and immunities from liability, exemption from laws, ordinances and rules, all pension, relief, disability, worker's compensation, and other benefits which apply to the activity of officers, agents, or employees of any of the Members when performing their respective functions shall apply to them to the same degree and extent when engaged in the performance of any of the functions and other duties under this Agreement. However, no staff employed directly by the Authority, if any, shall be deemed, by reason of their employment by the Authority, to be employed by any of the Members or, by reason of their employment by the Authority, to be subject to any of the employment requirements of the Member agencies. 12/21/03 Draft 1'7 Finance Authority JPA 48 Article 12 Financial Provisions Section 12.1 Fiscal Year. The fiscal year of the Authority shall be from July 1 of each year to the succeeding June 30. Section 12.2 Depositary. The Treasurer shall be the depositary and have custody of all money of the Authority from whatever source and shall perform the duties specified in Government Code Section 6505.5. All funds of the Authority shall be strictly and separately accounted for, and regular reports shall be rendered to the Board and the Members of all receipts and disbursements at least quarterly during the fiscal year. The books and records of the Authority shall be open to inspection by a Member or Director at all reasonable times upon reasonable notice. The Treasurer shall contract with an independent certified public accountant to make an annual audit of the accounts and records of the Authority, which shall be conducted, at a minimum, in accordance with the requirements of the State Controller under Section 26909 of the California Government Code, and shall conform to generally accepted auditing standards. Section 12.3 Property Bonds. The Board shall from time to time designate the officers and persons, in addition to the Treasurer, who shall have charge of, handle, or have access to any property of the Authority. Each such officer and person, including the Treasurer, shall file a bond in an amount designated by the Board. When fixing the amount of such bonds, the Board of Directors shall be deemed to be acting for and on behalf of the Represented Member Agencies in compliance with Government Code Section 6505.1 12/21/03 Draft 18 Finance Authority JPA 49 Section 12.4 Budget. As soon as practicable after the effective date of this Agreement, and thereafter at least thirty (30) days prior to the commencement of each fiscal year, the General Manager shall present a proposed budget to the Board for the forthcoming fiscal year. Prior to the commencement of the fiscal year, the Board shall adopt a budget for the new fiscal year. Section 12.5 Working Capital Account. A Working Capital account, which is to be used for the purpose of funding general overhead and administrative expenses for the ongoing operations of the Authority, shall be established by the Board in an amount approved in connection with the annual budget process. Funding for the Working Capital Account shall be obtained by a "start-up" contribution from the Consortium equal to one percent (1%) of the first (and any subsequent) loan pools established. Additionally, a loan origination fee shall be charged for each loan originated by the Authority, which fee amount may be set and changed from time to time by majority vote of the Board. The Authority shall also collect interest on the funds in the loan pools) prior to use, as well as interest on funds in the Loan Loss Reserve Account funded by the Consortium for each loan pool. Additionally, the Authority shall earn income represented by the difference between the interest rate charged to the Authority by the Consortium for the use of the money and the interest rate collected by the Authority from the homebuyers. Grants and other gifts may also be solicited and utilized. Section 12.6 Additional Funding. In the event that funding for the Working Capital Account as described in Section 12.5 (Working Capital Account) is insufficient, an advance or grant may be requested from CVAG and/or any 12/21/03 Draft 19 Finance Authority JPA JO Member agency. Should such request be declined, and necessary funds be unavailable, the Authority shall dissolve. Section 12.7 Other Contributions. Contributions or advances of other funds and of personnel, equipment or property may be made to the Authority by any Member for any purpose of this Agreement, and credited to the Member's obligations, with the consent of the Board. Any such advances may be made subject to repayment, and in such case shall be repaid in the manner agreed upon by the Member making the advance and the Authority. Section 12.8 Return of Contributions and Revenue. In accordance with Government Code Section 6512.1, repayment or return to the Members of all or any part of any contributions made by Members and any revenues received by the Authority may be directed by the Board at such time and upon such terms as the Board may decide. The Board shall hold title to all funds, and property acquired by the Authority during the term of this Agreement. Section 12.9 Issuance of Bonds, Notes and Other Indebtedness. The Authority may issue bonds, notes or other forms of indebtedness if such issuance is approved by a two-thirds (2/3) vote of the Directors. The Secretary shall notify all of the Members by registered mail, return receipt required, of the approval for incurring of such indebtedness within ten (10) days after its approval. Any Member may within thirty (30) days of the receipt of such notice withdraw from this Agreement by giving written notice to the General Manager, provided that such withdrawal does not in any way impair any contracts, or other indebtedness of the Authority then in effect. This right to withdraw is in addition to the Member's right to 12/21/03 Draft Finance Authority JPI o 51 withdraw set forth in Article 14 (Admission and Withdrawal of Parties). No such bonds, notes or indebtedness shall be issued before the expiration of the time given in this Section to Members to withdraw from this Agreement. Section 12.10 Disbursements. The General Manager shall request warrants from the Treasurer -in accordance with budgets approved by the Board of Directors subject to quarterly review by the Board of Directors. The Treasurer shall pay such claims or disbursements and such requisition for payment in accordance with rules, regulations, policies procedures and bylaws adopted by the Board of Directors. Section 12.11 Accounts. All funds will be placed in accounts and the receipt, transfer, or disbursement of such funds during the term of this Agreement shall be accounted for in accordance with generally accepted accounting principles applicable to governmental entities and pursuant to Government Code Section 6505 et seq. and any. other applicable laws. All revenues and expenditures shall be reported to the Board of Directors. Section 12.12 Expenditures Within Approved Annual Budget. All expenditures shall be made within the approved annual budget. No expenditures in excess of those budgeted shall be made without the approval of a majority of a quorum of the Board of Directors. Article 13 Relationship of the Authority and Its Members Section 13.1 Separate Entity. The Authority shall be a public entity separate from the Parties to this Agreement. The debts, liabilities and obligations of the Authority shall not be the debts, liabilities or obligations of the Parties. No Member shall be jointly or Finance Authority JPA� 1' 12/21/03 Draft y 52 severally liable for any debt or obligation of the Authority or any of its Members. All property, equipment, supplies, funds and records of the Authority shall be owned by the Authority, except as otherwise provided in this Agreement. Article 14 Admission and Withdrawal of Parties Section 14.1 Admission of New Parties. Additional public entities may become Members of the Authority upon such terms and conditions as provided by the Board of Directors and the consent of two-thirds (2/3) of the then - existing Parties to this Agreement, to be evidenced by the execution of a written addendum to this Agreement signed by all of the Parties including the additional Parties. Section 14.2 Withdrawal of Membership. Withdrawal of any Party hereto, either voluntarily or involuntarily, unless otherwise provided by the Board of Directors, shall be conditioned as follows: (a) In the case of a voluntary withdrawal, written notice shall be given to the Authority one year and ninety days prior to the effective date of withdrawal; (b) Withdrawal shall not relieve the Party of its proportionate share of any debt or other liability of the Authority that accrued prior to the effective date of the Party's notice of withdrawal or assessments related to the administration of outstanding loans secured by real property within the departing Member's geographical jurisdiction; 22 12/21/03 Draft _ Finance Authority JPA 53 (c) Withdrawal shall result in the forfeiture of that Party's rights and claims relating to the distribution of property and funds upon termination of the Authority as set forth in Section 14.4 (Disposition of Property Upon Termination). Section 14.3 Involuntary Termination. The Board of Directors may terminate, for reasonable cause, any Member of the Authority on a two-thirds (2/3) vote of the Directors. Section 14.4 Disposition of Property Upon Termination. In the event of the termination of this Agreement, any property interest remaining in the Authority following the discharge of all obligations shall be disposed of as the Board of Directors shall determine with the objective of returning to each Party a proportionate return on the contributions made by each, less previous returns if any. Section 14.5 [Reserved.] Article 15 Provision for Bylaws Section 15.1. Bylaws. As soon as practicable after the first meeting of the Board of Directors, the Board shall cause to be developed Authority bylaws to govern the day- to-day operation of the Authority. Article 16 Contribution and Indemnity Among Members Section 16.1 No Third Party Beneficiaries. This Article shall reflect the. Members' rights and obligations as by and among themselves. Nothing herein shall create any right in any third party to enforce any right or 12/21/03 Draft Finance Authority AA3 obligation set out in this Agreement as against any Party hereto. Section 16.2 Hold Harmless and Indemnity. Each Party hereto agrees to indemnify and hold the other parties harmless from all liability for damage, actual or alleged, to persons or property arising out of or resulting from the negligent or wrongful acts or omissions of the indemnifying Party or its employees/agents. Section 16.3 Limitations on Liability. Except as Section 16.2 may apply and the obligations therein are performed, the Authority shall be authorized to defend, indemnify and hold harmless any Director, officer, agent or employee for actions taken or not taken within the scope of the authority given or granted by the Authority and from and against any claim or suit arising out of any act or omission of the Authority, the Board or any Director, officer, agent or employee in connection with this Agreement and may purchase insurance as the Board may deem appropriate for this purpose. In contemplation of Section 895.2 of the Government Code, and pursuant to the authority contained in Sections 895.4 and 895.6 of that Code, and except to the extent that Section 16.2 (Hold Harmless and Indemnity) may apply, each of the Members assumes that portion of the liability imposed upon the Authority or any of its Members, officers, agents or employees by law for injury caused by any negligent or wrongful act or omission that is not covered by insurance, that is in the proportion that, as of the date the obligation accrued, the outstanding loan balances in that Member's geographical jurisdiction bears to the total then outstanding balance of all loans originated by the Authority. Where an obligation accrued over a period of time, each Member's share shall be 12/21/03 Draft 24 Finance Authority JPA C J� fairly apportioned among all agencies participating during the applicable period. To achieve such purposes, each Member shall to the extent provided herein indemnify and hold harmless the other Members for any loss, costs or expenses that may be imposed on such other Members solely by virtue of Section 895.2. The Parties acknowledge that, given the possible variables, determination of a proper apportionment may be difficult. Therefore, the Parties agree that the Board's good faith determination of a fair apportionment shall be final, binding and enforceable as a term of this Agreement. The provisions of this Article shall survive the termination of this Agreement and/or the withdrawal of any or all Members. Article 17 Miscellaneous Provisions Section 17.1 Notices. Notices to Members hereunder shall be sufficient if delivered to the principal office of the respective Member. Section 17.2 Amendments. This Agreement may be amended or terminated at any time at any duly constituted meeting of the Board of Directors by a two-thirds vote of the Directors. Section 17.3 Prohibition Against Assignment. No Member may assign any right, claim or interest it may have under this Agreement, and no creditor, assignee, or third - party beneficiary of any Member shall have any right, claim or title to any part, share, interest, fund, or asset of the Authority. This Agreement shall be binding upon, and shall inure to, the benefit of the successors of each Party. 12/21/03 Draft 25 Finance Authority JP J 6 Section 17.4 Agreement Complete. The foregoing constitutes the full and complete Agreement of the Parties. There are no oral understandings or agreements not set forth in writing herein. Section 17.5 Severability. If any one or more of the terms, provisions, sections, promises, covenants or conditions of this Agreement shall to any extent be adjudged invalid, unenforceable, void or voidable for any reason whatsoever by a court of competent jurisdiction, each and all of the remaining terms, provisions, sections, promises, covenants and conditions of this Agreement shall not be affected thereby and shall be valid and enforceable to the fullest extent permitted by law. Section 17.6 Multiple Originals. This Agreement may be executed in counterparts, each of which shall be deemed an original. Section 17.7 Execution. The Board of Supervisors of the County of Riverside, [the City Councils of the City Members] [governing boards of the Redevelopment Agency Members], and the Executive Committee of CVAG have each authorized execution of this Agreement, as evidenced by the authorized signatures below. [Signature blocks.] 12/21/03 Draft 26 Finance Authority JPA J� a�11\�`�!l11►► V 4 OFF COUNCIL/RDA MEETING DATE: May 18, 2004 ITEM TITLE: Consideration of Authorization for the Executive Director to Cure Defaults on Senior Loans for Affordable Housing Units and the Appropriation of $500,000 from the Unallocated Reserves of the Agency's Low- and Moderate -Income Housing . Fund and Provide Staff with Direction Reaardina Chanaes to the Second Trust Deed Program RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: .4 CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Authorize the Executive Director to cure defaults on senior loans for affordable housing units that have Agency Second Trust Deed Loans to preserve Agency affordability covenants, appropriate $500,000 from the Unallocated Fund Reserves from the respective Project Area No. 1 and Project Area No. 2 Low Mod Income Housing Funds for -the purpose of curing loan defaults, and provide staff with direction regarding changes to the Second Trust Deed Program as outlined in this report. FISCAL IMPLICATIONS: This action could result in the expenditure of up to $500,000 of Low- and Moderate - Income Housing Funds. However, in doing so the Agency will preserve affordable units that are included in the Agency's inclusionary housing count, and may allow the Agency to secure these units at a cost that is lower than what otherwise would be paid if the senior loan lender sells the unit on the open market. BACKGROUND AND OVERVIEW: Since 1998 the La Quinta Redevelopment Agency has funded silent second trust deed loans to facilitate the acquisition of new single-family, townhouse and condominium homes by low- and moderate -income households. The Agency currently has 486 silent second trust deeds in place that require the dwellings to remain affordable to the designated low- and moderate -income household for 30 to 45 years. These loans are secured with second priority deeds of trust, and are funded from Project Area No. 1 and No. 2 Housing Fund tax increment revenue. The primary lender has a superior or first lien on the property. SAWPDOCS\CC SO Rpts\QS Revision.doc 58 On occasion an owner defaults on its primary loan obligations and is unable to cure the default. The primary lien holder then commences foreclosure proceedings that, if completed, result in the primary lender's acquisition and resale of the property and extinguishment of the affordability covenant. These actions remove the property from the Agency's pool of affordable housing units and, under the current Redevelopment Law, the Agency is obligated to replace every lost covenant with a new covenant for the same income group within four years. To date, when staff has been notified of primary loan defaults and foreclosures they have requested Agency authorization to acquire these properties in order to secure the Agency's Second Trust Deed and affordability covenant. On occasion staff does not receive a notice of default in enough time to schedule the appropriation request for the Agency's regular meeting agenda. As a result these units are sold at foreclosure sale and the Agency's affordability covenant is extinguished. The Agency must then replace this unit with a new covenant restricted unit, often at a cost greater than the Agency would incur if it was able to purchase the dwelling that was the subject of the foreclosure sale. To prevent the possibility that an affordability covenant may be extinguished as a result of the not being able to approve funds to cure primary loan defaults in a timely manner, Agency staff is requesting that the Executive Director be authorized to take necessary action to preserve the affordability covenants. This will preserve Agency's affordable housing pool and covenants. To fund this authority, staff is requesting that the Agency appropriate $500,000 for this purpose. If the Agency approves the request, the following procedure would be established: A. Upon notification of a primary loan default on a property encumbered by an affordability covenant, the Executive Director will direct the Agency's housing staff to work with the owner and primary lender to determine if the owner can cure the default. B. If the default cannot be cured, then the housing staff will (1) determine if there are sufficient funds available to purchase the first trust deed loan; (2) determine if costs associated with purchasing, refurbishing and selling the dwelling are less than the benefits derived from preserving the Agency's affordability covenant; and (3) if there are sufficient funds and the Executive Director determines the benefits outweigh the costs, housing staff will be instructed to work with the primary lender to facilitate Agency purchase of the primary lender's loan interest in the property. C. Once the dwelling is purchased, the housing staff will then ensure that the unit is vacated, refurbished (as necessary) and sold to another eligible low- or moderate -income household. � � 2 2:\WPDOCS\CC Stf Rpts\QS Revision.doc 5) Agency Rights Under Existing Loan Agreements The Agency's rights with respect to existing affordable housing loans are governed by (1) California Civil Code Section 2924 et seq.; (2) the existing affordable housing loan documents; and (3) the loan documents of the primary lender. In the event that a primary lien goes into default and the primary lender intends to commence foreclosure proceedings, Civil Code section 2924 provides limited rights to a junior lien holder such as the Redevelopment Agency. In summary, Section 2924 et seq. provides that once the primary lien is in default and the primary lender provides a notice of default to junior lien holders, a junior lien holder's exclusive rights under Civil Code Section 2924 are to either (1) cure the default; or (2) bid at a foreclosure sale and purchase the property if the junior lien holder is the highest bidder. The Civil Code does not provide a junior lien holder with a right to "pay off" the debt secured by the senior lien, nor does Section 2924 provide a junior lien holder a right to "step into the shoes" of the defaulting owner. The loan documents that have been used for existing affordable housing transactions do not provide any additional rights to the Redevelopment Agency other than what is already provided by Civil Code Section 2924. As a result, the Agency does not have a right to "pay off" or otherwise assume the primary debt if the owner defaults on its primary loan. Rather, the Redevelopment Agency is limited to the notice and cure rights contained in Civil Code Section 2924 et seq. Suggested Revisions to Affordable Housing Loan Documents During the last discussion, the Agency Board requested suggestions for revising the Agency's affordable housing loan documents on a going -forward basis to provide the Redevelopment Agency with greater ability to preserve affordability covenants. In addition, Agency Board members also expressed an interest in adding language that provides the Agency with the right of first refusal to purchase the property. Legal counsel and staff have formulated the options listed below in response to these requests. ISSUE NO. 1: AGENCY'S RIGHTS IF OWNER SELLS THE PROPERTY The current affordable housing loan documents grant the Agency an option to purchase the property if the owner is unable to sell the property to a "qualified purchaser." If the Agency does not exercise this option the owner is relieved of the affordability covenant and may sell the property for market value. If this occurs, the Agency is entitled to a portion of the value appreciation realized by the owner. The disadvantage to this mechanism is that although the Agency realizes some of the profit on the property, the property is taken out of the Agency's covenant restricted affordable housing pool. Moreover, in the current housing market, paying a portion of the dwelling's appreciation to the Agency is not enough of a disincentive to sell the 3 $:\WPDOCS\CC Stf Rpts\QS Revision.doc 60 unit at less than market value because the appreciation gain the seller realizes from a market rate sale is often great enough to pay a portion to the Agency and still obtain a substantial profit. There are several options available to the Agency should it decide to revise these provisions of the affordable housing loan documents: Option 1: Prohibit transfers to parties other than qualified buyers/Agency option to purchase for the affordable housing cost. This option would expressly prohibit an owner from selling the property to any party other than a "qualified buyer." In the event the owner could not find a qualified buyer and nevertheless sells the property, the Agency would be given the option to purchase the property from the subsequent purchaser at the affordable housing cost. Under this option, the subsequent purchaser (if an innocent buyer) could have an action against the seller since that subsequent purchaser paid the market rate to buy the property but had to sell the property to the Agency for the affordable price. The Agency has applied this structure to the Avenue 48 and Adams moderate -income housing development. This option has not been applied to the Silent Second Trust Deed Loan Program, nor previous Agency -sponsored new construction single-family developments. Option 2: Prohibit transfers to parties other than qualified buyers/Agency right to recapture 100% of any profit. This option would expressly prohibit an owner from selling the property to any party other than a "qualified buyer." In the event the owner sells the property to someone other than a qualified buyer at a price over the affordable housing cost, the Agency would have the right to recapture from the seller all profits in excess of what the seller would have realized if that seller had sold the property for the affordable housing cost rather than the market rate price. The difference between this Option and Option 1 is that the documents would not provide the right of the Agency to acquire the property from the subsequent purchaser. Being able to disgorge 100% of the profit from the seller could act as a deterrent or disincentive to the seller to sell the property to anyone other than a qualified buyer. The downside to this option, however, is that the property is taken off the affordable market. Additionally, the Agency would have to sue the seller for the improperly realized profit if the seller does not turn over the profits to the Agency. Option 3: Agency right of first refusal for the affordable housing cost. This option would give the Agency a right of first refusal to acquire the property at the affordable housing cost upon the owner deciding to sell the property and before marketing the property to potential buyers. This option thus differs from the existing Agency right by mandating an "up front" notice to the Agency rather than placing the Agency in the position of having to exercise an option to purchase after the seller has already entered into a contract to sell the property to a buyer. By exercising the right of first refusal, the Agency would maintain the affordability covenant. 4 G:\WPDOCS\CC Stf Rpts\QS Revision.doc Option 4: Retain the agreement's option and shared appreciation provisions as they currently exist. ISSUE NO. 2: AGENCY'S RIGHTS TO CURE DEFAULTS The following options relate to modifying present practices and loan documents to give the Agency the ability to protect the affordability covenant in the event that a primary lender declares a default on the primary loan documents. Option 1: Redevelopment Agency Lien Senior to Primary Lender/Subordination Agreement. This option recommends that the Agency record its lien prior to the primary lender's deed of trust but concurrently record a subordination agreement for the benefit of the primary lender. The subordination agreement would include specified rights for the benefit of the Agency in the event of foreclosure on the primary lender's loan. This option revises the present practice in the Agency's existing affordable housing transactions by placing the Agency's deed of trust in a senior position vis-a-vis the primary lender's deed of trust subject to the subordination agreement. Under this option, the subordination agreement would include some, or all of the rights listed in Health & Safety Code section 33334.14(a)(4). These rights include: (1) a right to cure a default on the primary loan; (2) a right for the Agency to negotiate with the primary lender after a notice of default; (3) an agreement that if prior to foreclosure of the primary loan, the Agency takes title to the property and cures the default, the primary lender will not accelerate the loan by reason of transferring title to the Agency; and (4) the right of the Agency to purchase the property from the owner at any time after a default on the loan. Subordination agreements have been used with some success in other jurisdictions (e.g., the cities of La Palma and Cypress). While not all primary lenders may be willing to provide all the cure rights initially sought by the Redevelopment Agency, a subordination agreement should be drafted to include all such rights as a basis for negotiation with the primary lender. Option 2: Affordability Deed Restriction. As an alternative to Option 1, some redevelopment agencies and cities have required an affordability deed restriction be placed on the property prior to recordation of the senior lender's deed of trust. If this option appeals to the Agency, staff would prepare a form affordable housing deed restriction for recordation on affordable housing property prior to recordation of the primary lender's deed of trust. This alternative has the effect of making the affordability covenant senior to the primary lender's deed of trust with the result that the affordability covenant would remain on title to the property even if the owner defaults on the primary lender's deed of trust and the property goes into foreclosure. Primary lenders may require subordination of the affordability covenant as a condition to making the primary loan, however, and therefore there could be little practical difference between Options 1 and 2. 62 5 SAWPDOCS\CC SO Rpts\QS Revision.doc FINDINGS AND ALTERNATIVES: The alternatives available to the Agency Board include: 1. Authorize the Executive Director to cure defaults on senior loans for affordable housing units that have Agency Second Trust Deed Loans in order to preserve Agency affordability covenants, appropriate $500,000 from the Unallocated Fund Reserves from the respective Project Area No. 1 and Project Area No. 2 Low Mod Income Housing Funds for the purpose of curing loan defaults, and provide staff with direction regarding changes to the second trust deed program as outlined in this report.; or 2. Do not authorize the Executive Director to cure defaults on senior loans for affordable housing units that have Agency Second Trust Deed Loans, do not appropriate $500,000 from the Unallocated Fund Reserves from the respective Project Area No. 1 and Project Area No. 2 Low Mod Income Housing Funds for the purpose of curing loan defaults, and provide staff with direction regarding changes to the second trust deed program as outlined in this report; or 3. Provide staff with alternative direction. Respectfully submitted, ► Hermhn munity Development Director Approved for submission by: Thomas P. Genovese, Executive Director 63 6 6:\WPDOCS\CC SO Rpts\O.S Revision.doc COUNCIL/RDA MEETING DATE: May 18, 2004 Consideration of an Appropriation of Up to $240,000 From Project Area No. 1 Low Mod Income Housing Fund to Acquire a Single -Family Home Located at 51-675 Avenida Vallejo RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: 67 Approve the acquisition of the property located at 51-675 Avenida Vallejo (the "Property"), appropriate $240,000 to acquire and rehabilitate, and authorize the Executive Director to sell the Property to another moderate -income household. FISCAL IMPLICATIONS: The purchase of this Property requires expenditure from the Project Area No. 1 Low Mod Housing Fund in an amount not to exceed $240,000. BACKGROUND AND OVERVIEW: The single-family home located at 51-675 Avenida Vallejo has been listed for sale by the current owner as a result of financial hardship caused by medical problems. The first mortgage lender issued a Notice of Default on March 19, 2004 and the Property will be scheduled for the Trustee's foreclosure sale within the next few days. This house was sold to the current owner in June, 2001 with a second trust deed amount of $25,000 provided to a moderate -income household as part of the La Quinta Housing Program. Although the home has been listed at an affordable sales price, the owner is having difficulty securing a buyer who qualifies as moderate -income and therefore is considering selling it without the income restriction and repaying the Agency second trust deed loan plus the shared appreciation amount that would be due. This would result in the Agency's affordability covenant being extinguished, the loss of a unit toward its inclusionary housing requirement, and would trigger the requirement for the Agency to provide a moderate -income replacement unit. X4 This home was built in 2001 and comps of recent sales of properties of a similar age and size indicate a market value of approximately $225,000. Based on the 2004 affordable housing cost allowances, the Agency can anticipate the ability to resell this property to another moderate -income household, who would assume the existing second trust deed loan, for approximately $230,000. In this event, the Agency's total out of pocket cost would be approximately $10,000. In order to protect the Agency's second trust deed investment of $25,000 and maintain the affordability covenant, the Agency would have to purchase the Property. If the Agency does not elect to purchase the Property, then the moderate income affordability covenant would be extinguished. If the Agency purchases the property, it would be rehabilitated, if necessary, and resold to another moderate -income household. FINDINGS AND ALTERNATIVES: 1. Approve the acquisition of the property located at 51-675 Avenida Vallejo, appropriate $240,000 to acquire and rehabilitate, and authorize the Executive Director to sell the Property to another moderate income household, or 2. Deny the recommendation and provide direction to staff. Respectfully submitted, Herman munity Development Director Approved for submission by: Thomas P. Genovese, Executive Director 65 2 4 di I.ruw.auTM G� OF x 9 COUNCIL/RDA MEETING DATE: May 18, 2004 ITEM TITLE: Discussion of La Quinta Arts Foundation Request for Use of the SilverRock Resort Property for the Arts Festival RECOMMENDATION: As deemed appropriate by the Redevelopment Agency. FISCAL IMPLICATIONS: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: L PUBLIC HEARING: Options for temporary installation of turf for parking, soil stabilization and arts festival activities range from approximately $200,000 to $1.5 million. BACKGROUND AND OVERVIEW: The La Quinta Arts Foundation submitted correspondence in December 2003 requesting use of the SilverRock driving range, or "an alternative suitable location" within the SilverRock Resort project for the 2005 Arts Festival (Festival). The City Council reviewed this correspondence at its meeting of January 20, 2004, and referred the matter to the Agency as a Study Session item. The Agency considered the matter at its regular meeting of February 3, 2004, and reviewed the following options: • Design/redesign the practice facility to accommodate Festival use; • Expedite. development of the optional park, golf and other uses area; • Design and develop a temporary facility for the Foundation; • Lease acreage to the Arts Foundation and allow the Foundation to make specified interim improvements; and 66 • Defer action on the Foundation's request until Phase II development occurs. The Agency expressed interest in the concept of developing a temporary facility and staff pledged to refine some conceptual designs to that end (see meeting minutes from February 3, 2004, Attachment 1) . Staff conferred with representatives from David Evans and Associates and Western Turf in developing various temporary facility options for consideration. The options presented in Attachment 2 and discussed by the Agency at its April 6, 2004 meeting, attempt to stabilize the entire "Optional Park, Golf, Civic Uses" area of SilverRock Resort to allow maximum flexibility for festival and other alternative parking uses. 1. Option 1 assumes that the entire "Optional Park, Golf, Civic Uses" area is grassed with an underground irrigation system. This option provides a flat grassed area that can be used for multiple events. It has not been master planned for multiple uses, however, with landscaping or features (i.e., amphitheatre(s), etc., for example). Cost: Approximately $339,000 plus annual maintenance expense. 2. Option 2 provides turf on only 10 acres and assumes that 14 acres of parking could be stabilized with a polymer in an effective manner. The 10 acres of turf would have underground irrigation. Cost: Approximately $125,000 plus annual maintenance. 3. Option 3 provides a true "minimalist" approach for the entire Optional Park, Golf Civic Uses area. It assumes minimal grassing expenses in that the City may have a golf course operator under contract that could more easily expand golf course operations services to include seeding the park area at minimal expense. Irrigation would be provided via an above -ground system that would be installed and removed manually to accommodate events. Maintenance would be negotiated and included as part of the operator's contract. Current thought is that the City might consider installing a rye grass only that would accommodate events during the season, but then die and "stabilize" the area until being over - seeded for the following year. Cost: Approximately $104,000 initially, followed by annual maintenance plus seeding costs, approximately $25,000 to $35,000. Each of the aforementioned options requires some level of additional master planning and traffic control and consideration. Even interim decision(s) made with respect to the Optional Park, Golf, Civic Uses may impact long-term uses for the property. For example, access to the site for parking and/or events may require curb cuts, median cuts, and coordination with perimeter landscaping improvements and/or other access points (i.e., the Watermark Villas have proposed a golf cart tunnel under Avenue 52). 67 2 It is estimated that curb and median cuts alone will add $100,000 to each of the aforementioned options. Strategically placed, however, these cuts may service the ultimate project design. Each option will require some level of maintenance. that may be addressed as an extension of the contract with the golf course operator. And each option will necessarily impact and require some diversion of resources from SilverRock Phase I development activities. The Agency at its meeting of April 6, 2004, discussed alternative sites with the Foundation (Attachment 3) . The Foundation, subsequent to April 6, 2004, has met with City and Agency staff and reviewed various alternatives including: Fritz Burns Park Civic Center Campus La Quinta Park After visiting each site and discussions with the Community Services Director, the Foundation staff has provided the City with their request to use the Civic Center Campus for the 2005 Festival. Attachment 4 provides the requirements the Foundation will need in order to host the Festival. A site map of the Civic Center Campus with vendor booths outlined is provided as Attachment 5. Attachment 6 is a site map of the Senior Center showing the rooms needed by the Festival staff. Foundation representatives will be present this evening to discuss their findings with the Agency. FINDINGS AND ALTERNATIVES: The alternatives available to the Agency include: 1. Discuss options for interim improvements to accommodate the La Quinta Arts Festival at SilverRock Resort and provide staff with any appropriate direction; or 2. Provide staff with alternative direction. Respectfully submitted, Mar Weiss, Assistant Executive Director 68 3 Approved for submission by: Thomas P. Genovese, Executive Director Attachments: 1. February 3, 2004, Redevelopment Agency Meeting minutes 2. Site stabilization options 3. April 6, 2004, Redevelopment Agency Meeting minutes 4. LQAF Correspondence Regarding Festival Requirements 5. Civic Center Campus Site Map 6. Senior Center Site Map 69 4 Redevelopment Agency Minutes 6 FPhruary 3, 2004 ATTACHMENT 1 STUDY SESSION ....... . .. continued 2. DISCUSSION REGARDING A LA QUINTA ARTS FOUNDATION REQUEST -FOR USE OF SILVERROCK RANCH PROPERTY FOR THE ARTS FESTIVAL. Assistant Executive Director , Weiss presented the staff report, and reviewed options to accommodate the Arts Foundation's request.' Board Member Adolph suggested the possibility of. grading and planting grass on the `45 acres at the northeast corner of the site for the Arts Foundation to use. He also referenced the southeast corner 1hat.the Bob Hope Chrysler Classic uses for parking. Mr. Weiss noted the Bob Hope Chrysler Classic has been responsible for clearing and securing the parking area at an approximate cost of $30,000. He stated it may -be possible to plant grass for the same amount but there would also be maintenance and water requirements. Another consideration may be to determine a more -permanent location if the area is made available to both the Arts Foundation and the Bob Hope Chrysler Classic. Board Member Adolph referenced the possibility of using some of the. Arts Foundation funding for soil stabilization, and -stated he is in favor of the Arts Foundation's request. Board Member Sniff spoke in support of developing the northeast corner for the Arts Festival and other events throughout the year, and stated he feels there may be multiple options for the property. If the Arts Foundation's escrow was closed, he would feel better about their ability to potentially participate in the development of. the site in return for' a *long-term. lease of maybe .20 years: He pointed out if something can be worked out on the site it will give the Arts Foundation long-. term viability. and a new beginning. He suggested developing the site in phases over several years and beginning now. Board Member. Osborne stated he would support working something out to bring the Arts Festival to the project site on a permanent basis, as well as a share of cost with along -term lease. However, he feels it may be too soon- to discuss using the northeast corner since Phase II of the project is still to be determined. . 70 5 :Redevelopment Agency Minutes. ' 7 February 3, 2004 Board Member Perkins stated he .feels it's premature to make any kind of long-term commitment. He would like to. support the Foundation but feels the City should be cautious until Phase II is determined. Chairperson Henderson agreed there has been significant discussions about potential uses for the northeast corner of the project, and noted - it's a $3.6 million part of the overall project. She concurs it's too early to .discuss long-range plans but feels it's unlikely the City will be looking to do anything with the property for the next two years. She supports making an effort to work out an agreement with, the Arts Foundation and maybe -.the Bob Hope Chrysler Classic, for use of the site, and indicated. she would hate to see the property vacant while the Arts Foundation struggles to. find a site, She noted the Agency will not know what can* be done or what the costs are until staff is directed to investigate it. Board Member Adolph noted the Arts Foundation is looking for a commitment on a site location for their 2005 Arts Festival. Chairperson Henderson stated she is ready to' have staff bring something back for Agency to consider. Jim Parrish, President of .La Quinta Arts Foundation, stated they are willing to work with the City and the Bob Hope Chrysler Classic to find a way to . make this work.. Christi Salamone, Executive Director of La Quinta Arts Foundation, stated she hopes the Agency will be able to make a commitment to do whatever it can to ensure that the Arts Festival stays in La . Quinta. She commented on the importance of continuity for the event. Chairperson Henderson noted the Agency needs additional information on the financial involvement and whether or not the Arts Foundation and/or Bob Hope Chrysler Classic will be able to participate financially. Mr. Weiss stated the Agency will be asked to make a critical decision in two weeks that will relate to the scope of the project for the golf course. He added plans are being developed. for ,the village lake, hotel pads, an extensive entry statement on Avenue 52, and the golf course, and it may require moving a lot of dirt to the Phase 11 portion of the project, including the two areas in question. There are also budget challenges and staff will be coming back "with bid options that may scale the project back. If the decision is made to -go forward as currently designed, dirt will be moved on the entire site and he is not 71. 6 -Redevelopment Agency Minutes 8 February 3, 2004 sure how stabilized it will be, and if the project is scaled/ back the alternatives may change. Most likely the southeast corner will be needed for parking during the Bob Hope Chrysler Classic for one more year, and he feels it makes sense to do that in joint fashion with the Arts Festival. He advised staff will come *back with a viable alternative by the first meeting in April but noted the budget will. depend on the needs of the Arts Foundation. CHAIR AND BOARD MEMBERS' ITEMS - None • PUBLIC HEARtNone ADJOURNMENT There being no further business, it was , moved by Board Members . Adolph/Perkins to adjourn. Motion carried unanimously. Respectfully submitted, ' JUNE S. GREEK, Secretary City of La Quinta, California 72 7 ATTACHMENT 2 CITY OF IA QUINTA ARTS FOUNDATION INTERIM SITE OPTION NO. 1(Grass w/underground irrigation) ITEM NO. DESCRIPTION QTY. UNIT UNIT PRICE EXTENDED PRICE 1 Mobilization 1 LS $ 10,000.00 S 10,000.00 2 Commercial Drive Approach 2 EA S 5,000.00 S 10,000.00 3 Furnish8t Install Turf (42 Acres) w/ underground irrigation 1,829,520 SF S 0.15 S 274,428.00 SUB -TOTAL: 15% CONTINGENCY: TOTAL: S 294,428.00 S 44,164.20 S 338:592.20 Note: the commercial driveway approach on Jefferson Street will also require a median cut to allow left turn access into the proposed interim parking lot. The improvements will require modification to the existing landscape and irrigation, as well as, modification to the median curb. The estimated costs for these improvements are not presented, above. Based upon recent costs associated with similar improvements on Washington` Street, the costs associated with the median modifications are estimated at $100,000. 3 $ im CITY OF LA QUINTA ARTS FOUNDATION INTERIM SITE OPTION NO. 1 OPTION 1 GRASS AND IRRIGATION OVER 42t ACRES Luigi a AYENUE 6Z � o • •..•. •• •••••••••,/O1ERCIAL•••i• .• ..•.•. •.•.•.•.•.•.•.•...D rawAY •.•.. •.••.• .•.•� ... :-:-:-APPROACH ....... . .. . . •. , . .� . • . .. . • • • . . . . • . . . • . • . . . .. . .. • . IV �. v sc .. . . . . . . . . . . . . . . . . . . . . . . . . . . .. .... ......... ...................� ............ ....................•. ....� • • • f . • • • • •• • • • • • . • • . , • • • • • • • • • • • • • r .g • . • • • • s `T'1 • r • 1• riles Ff r • • • • • • • • • • • f • • . • • • • • to• • • • • • • • • , • •• .•.•.0.•..•.•.-.•.•.•.•.•.•.•. •4 ACRES*.%%'•'•'•'•'•'• ':':•.•.•.•� . , .. ' .......... G � S SAND IRRIGATION ..... '' . . . . . . . . . . . • . . . . . . • • . . . . f • . • {. . . . . . . . . . . . .. . . . . • . . .. . . . . . . . - . . . . • . . f . • . . . .. .� • . . . • . . f . . . .. . -. . . . . . .. . . . .. . . . . . . . . . • . • f ♦ . . • . . . . . . .... . . . . . . . . . . . • . . • . . �. . . . . . . . . . f • • . . . . • - • . • . . .. . . J• . . .. . . �• f . • . . . . . . • • . . . . . . . . . . . . .. . . . . . ... . . • .. . • • . . • . • . • • . • . . f • • . . 9.190 . ............•. ...•• ..........COW AL o . . . . . . . ........... . . . . . ... _ . DRIVEIPAY ...... ...... ..............��.•.� APPROACH:•:�:.. .. . 0 . . . . . . . . . . .. . . . . ... . . . . . 0 C o ALL Aimic N CANAL LEFT TURN POCKET MEDIAN MODIFICATION 74 CITY OF IA QUINTA ARTS FOUNDATION INTERIM SITE OPTION NO.2 (Grass w/Stabilized Parking) ITEM NO. DESCRIPTION QTY. UNIT UNIT PRICE EXTENDED PRICE 1 Mobilization 1 LS $ 10,000.00 $ 10,000.00 2 Commercial Drive A roach 2 EA $ 5,000.00 $ 10,000.00 3 Furnish & Install Turf (10 Acres) w/underground irrigation 435,600 SF $ 0.15 $ 65,340.00 5 Stabilized Parkin Area (14 Acres) 14 AC $ 1,000.00 $ 14,000.00 6 Stabilizer for dust control (18 Acres) 18 AC $ 500.00 $ 9,000.00 SUB -TOTAL: 15% CONTINGENCY: TOTAL: $ 108,340.00 $ 16,251.00 $ 124,591.00 Note: the commercial driveway approach on Jefferson Street will also require a median cut to allow left turn access into the proposed interim parking lot. The improvements will require modification to the existing landscape and irrigation, as well as, modification to the median curb: The estimated costs for these improvements are not presented above. Based upon recent costs associated with similar improvements on Washington Street, the . costs associated with the median modifications are estimated at $100,000. 75 10 r CITY CIF LA QUINTA ARTS FOUNDATION INTERIM- SITE OPTION NO. 2 OPTION .2 14 ACRES STABLIZIED PARKING 10 ACRES GRASS AND IRRIGATION 18 ACRES NATIVE Qu 11 mgmA 62 --y- COMMERCIAL DRIVEWAY APPROACH 18f ACRES ' t- NATIVE , Z � 0 ::::•.�:.�:: ........... .:.-:::: • •::•::r a� ...:..ee ::.•. 1p f ACRES.............. :::wl :•::::::::::::::::::. .V.;.•......... ,....................... .::::::.•::::: •: .. ....,y ... ::.• ::•.•:::.. • GRASS AND IRRIGATION } ,• �� �; •.: . •:::`:::tip ... ... �: :�:;y::s�::::•❖::• W. ::•::• :::::❖:. .....•::.;"Hiiiiiii1 1111111111 it Migoloumm ............................ j. ::...::❖:...... :::•.' :::.:• :. ... 1 X. •._._. •._ ._ _•_ _ _ _ • •� •_ _ _ _.......................u...........■.t... t.nt�.tttttttttttttl'ttltt/HIII I/11/1/1/i/11111 ` CITY OF LA QUINTA ARTS FOUNDATION INTERIM SITE OPTION NO. 3 (Grass w/overhead irrigation) ITEM NO. DESCR E'TTON QTY. UNIT UNIT PRICE EXTENDED PRICE 1 Mobilization 1 LS $ 10,000.00 $ 10,000.00 2 Commercial Drive Approach 2 EA $ 5,000.00 $ 10,000.00 3 Furnish & Install Turf Seed 42 Acres 1 LS $ 25,000.00 $ 25,000.00 4 Irrigation System(temporary above and 1 LS $ 45,000.00 $ 45,000.00 SUB -TOTAL: 15% CONTINGENCY: . TOTAL: $ 90,000.00 $ 13,500.00 $ 1031500.00 Note: 1. The commercial driveway approach on Jefferson Street will also require a median cut to allow left turn access into the proposed interim parking lot. The improvements will require modification to the existing landscape and irrigation, as well as, modification to the median curb. The estimated costs for these improvements are not presented above. Based upon recent costs associated with similar improvements on Washington Street, the costs associated with the median modifications are estimated at $100,000. 2. The estimated costs for installing grass seed are based upon information obtained from West Coast Turf during the March 15, 2004 meeting. 12 CITY OF LA QUINTA ARTS FOUNDATION INTERIM SITE OPTION NO. 3 OPTION 4 GRASS SEED AND TEMPORARY IRRIGATION OVER 42t ACRES • r '• 1 • • • • • • • • • • • • • COM•..ERCL&L • • • • • • DRIVL .... • •,•,•,• ,•,•,•,•,•,•.♦•••APPROACHcc •:•:•:•:•:• •:•:, ,. . . . . . .. . . . . . -. . .. . . . . . . . . . . .. . . . .. . ., i. • • PROPOSED PRACTICE RANGE • • • • • • • • • • • • • • • ♦ • • • • • • • • • • • • • • • • • • • •. • ,a • r T • I' • 1• !�•I• Rif ♦ .' �'� /' • • • • • • • • • • • • • . • • • • • .i • • • • • '• • • • • • • • • .4 ACRES'•'•`•'•'•'•'•'•'• '•'•'•'•'•'} ................ ,G ' S AND IRRIGATION ... . .... .. .. •..• .... ...w , .. . • • . . • . • • . • . . .. . . . • • • • .. . . . . ... .. • . • . j{ 9.00 •...• 0,000 • a • • • .• • • • •. • • • • • • • • . • • • • • • • • • • • f • • • • • •009,00 • • 1� . �/�•! i .. , .... , ......... • ........... DRIVEWAY...... ••.•.•..•.•..•.•.•.•.•.•.!.•.•.••.•.•... -,-:-:-:-APPROACH, o ALL AMERICAN CANAL. vi T A ATTACHMENT 3 Redevelopment Agency Minutes 9 April 6, 2004 MOTION - It was moved by Board Members Perkins/Adolph to approve Logo #2 (Page 9 of the staff report) with SilverRock as one word. Motion carried with Board Member Sniff voting NO. STUDY SESSION 1. DISCUSSION REGARDING THE LA QUINTA ARTS FOUNDATION REQUEST FOR USE OF THE SILVERROCK RESORT PROPERTY FOR THE ARTS FESTIVAL. Assistant Executive Director Weiss presented the staff report. In response to Board Member Perkins, Andy Vossler, of Landmark Golf -Management, stated the industry continues to make the grasses more durable and acceptable, with Chaparrel being the best, but not proven at this time. He noted Bermuda grass is year-round but would be brown during the time of the Arts Festival. Board Member Perkins stated he would support Option #3 but feels at least 50% of the funds given to the Arts Foundation each year should be kept for maintenance of this property. Board Member. Osborne stated he is leaning toward Option # 1 because he prefers having underground irrigation in an area that .will be visible from the hotel. He is not sure the City is ready at this time to provide. the Arts Foundation with assurance on use of the property, and noted the uses for this area haven't been fully discussed. Board Member Sniff suggested the Arts Foundation try to obtain some element of home and permanence on this site ' by providing a certain amount of the development cost, in return for a long-term lease of perhaps 20-25 years. Board Member Adolph stated he agrees with guaranteeing usage of the site for the Arts Foundation but feels it's unreasonable to burden them with a major percentage of the cost since they will only use it one week out of the year. He agrees with keeping the grass green year-round, and stated he -expects the multi -purpose use area to be used for various activities, including family picnics. Chairperson Henderson noted one of the goals in the City's Economic Development Plan is to secure the economics for the City's future and part of that was brought forward in purchasing the 525 acres. She 79 14 Redevelopment Agency Minutes 10 April 6, 2004 further noted the Agency made a decision to postpone completion of this area when the conceptual master plan was approved, and are now discussing doing it in "bits and pieces" without a full sense of what the final result will be. She doesn't have a problem with the Arts Foundation being able to use the site but is uncomfortable with spending $339,000, plus annual maintenance costs, for the Arts Festival to be held there one week out of the year. She commented on the potential for the Arts Foundation to have a more central location in the Village. She feels the Arts Foundation is comfortable that the City is going to try to provide a site for next year's Arts Festival but is not sure they or the City are ready to do long-range planning for this site. She believes there may be potential economic uses for the land that could include community activities, and prefers • continuing this study session until next month to provide an opportunity to explore those potentials. Board Member Perkins stated he is not prepared to direct staff to move forward but agrees the site can be used- fora variety of recreational purposes. He would like to have more information about grasses and other issues before making a decision. Board Member Sniff commented on the Arts Foundation's need to have some assurance on use of the site for next year as soon as 'possible, and suggested a continuance until May 4, 2004. In response to Chairperson Henderson, Mr. Weiss stated this area was included as open space/park area in the master plan and was part of the water calculations. He noted the $339,000 estimate is for basic grassing of the property to accommodate the Arts Festival and Bob Hope Classic, and in no way represents the cost of developing the park for multiple uses. The monies used to address this short-term issue on a short-term basis will be lost once permanent improvements are made. He noted this acreage was moved to Phase III of the master plan because it is a cost without an economic return. Additionally, the thought was to design it in a manner to be compatible with the hotel uses, and he noted some recreational uses may not be compatible. Board Member Adolph noted money will be spent on this part of the project at some point, and maybe the Agency should consider moving it forward. He agreed the Village is a great place to hold the Arts Festival but pointed out there's no land to accommodate it. 15 : Redevelopment Agency Minutes'' 11 April 6, 2004 Chairperson Henderson suggested staff look into the possibility of using the Civic Center Campus for the Arts Festival. Board Member Sniff commented on the parking difficulties related to using the Civic Center Campus. Regarding Option # 1 in the staff report, he noted the flat grassed area could be used for multiple events. Council Member Perkins pointed out having the Arts Festival on the Civic Center Campus would make it very difficult to access City Hall during that period of time. Christi Salamone, Executive Director of the La Quinta Arts Foundation, stated they proposed using the site in hopes of becoming a part of the process with a long-term vision to being part of the SilverRock Resort project. She would like to see the City make better use of the Arts Foundation as a resource in the future, and hopes if this site is not available, that the City would be open to other sites that might accommodate the Arts Festival. They want to stay in La Quinta but need to establish a site for next year's festival. Jim Parrish, President of La Quinta Arts Foundation, stated once the property sale is completed in June they will have to settle their construction loans. He' added they are looking for a permanent location in La Quinta. The Agency concurred to continue this matter to May 4, 2004. CHAIR AND BOARD MEMBERS' ITEMS — None The Redevelopment Agency recessed to Closed Session as delineated on Page 1. The Redevelopment Agency meeting reconvened with no decisions being made in Closed Session which require reporting pursuant to Section 54957.1 of the Government Code (Brown Act). 16 Redevelopment Agency .Minutes 12 April 6, 2004 ADJOURNMENT There being no further business the meeting was adjourned. Respectfully submitted, JUNE S. GREEK, Secretary City of La Quinta, California ATTACHMENT 4 • May 11, 2004 Honorable Mayor and City Council Members City of La Quinta P.O. Box 1504 La Quinta, CA 92253 Re: Civic Center Park location for La Quinta Arts Festival 2005 Dear Members of the Council, Since La Quinta Arts Foundation's last presentation to you at the City Council meeting on April 6, 2004, and after further meetings with City staff, it has become evident that Silver Rock Ranch and/or the City park at Westward Ho and Adams Streets will not be available to -host La Quinta Arts Festival 2005. An alternative presented by Council at the April 6` meeting is the La Quinta Civic Center Park. We are continuing to investigate an research the feasibility of its utilization. Based on our findings thus far, and un er the following assumptions, we are willing to proceed and make commitments ecessary to ensure that La Quinta Arts Festival remains one of the most prom nent art festivals in the United States and positions the City of La Quinta as a desirable place to live: ■ LQAF is provided the site free of charge, a d LQAF will restore the site to its prior condition ■ LQAF is able to utilize portions of the La QL inta Senior Center as highlighted on attached map ■ The church that holds its services on Sundays at the Senior Center will relocate them on Sunday, March 20th ■ Civic Center parking is available to LQAF for valet parking service ■ City owned parking lot at Bermudas and Montezuma is available for artist parking ■ Silver Rock Ranch is available for Festival patron parking with shuttle service to Festival ■ The fountain in the lake is turned down or o so that the spray will not potentially damage art ■ Sprinklers are turned off for a designated time ■ There is adequate access to water and po r ■ Admission fees are allowed to be charged n City owned property ■ Sales of alcohol are permissible on City pro erty ■ Other revenue generating opportunities to enefit LQAF are allowed on City owned property ■ LQAF is given a 3 to 5 year option (or until Silver Rock Ranch is completed) to use the Civic Center Park for Festival 18 POST OFFICE BOX 777 A LA QUINTA, CA 92253 760 564 1244 A FAX 760 564 6884 83 LQAF envisions that Festival could be held on Friday, Saturday and Sunday, to March 18, 19, 20, 2005. Instead of the full day exhibit on Thursday, March 17 , we are exploring the concept of a sneak preview event" from 4pm to 7pm. A "taste of La Quinta„ featuring local restaurants, entertainment, and the first opportunity to purchase art will launch the 2005 Festival. Tickets will be sold to this event, which will also be a benefit of sponsorship and a means of recognition to Foundation members. We have developed the following tentative Festival Schedule: Sunday, March 13 ■ Begin installation of perimeter fencing, portable restroom facilities, additional power, and lighting Monday, March 14 ■ Begin installation of tents Tuesday, March 15 • Sprinklers must be shut off inside the fenced area until conclusion of Festival • Large art artist check -in, and load -in of large sculpture requiring heavy equipment ■ Overnight security begins; additional lighting required • Begin food service load -in Wednesday, March 16 ■ All artists load -in 7am to 7pm Thursday, March 17 • Artists continue load -in and set-up 7am to 3pm ■ Preview event 4pm to 7pm Monday & Tuesday, March 21 & 22 ■ Load -out, clean up and restoration The foregoing assumptions and schedule require additional research and verification and are subject to change. If the Council agrees the Civic Center Park is an appropriate venue for La Quinta Arts Festival 2005, we will proceed with great haste to inform and work with the surrounding La Quinta civic and charitable groups and businesses. We believe that hosting La Quinta Arts Festival on the Civic Center Park will provide the City of La Quinta with excellent exposure, be our first opportunity of working with our potential future home at Silver Rock, will support local restaurants and hotels and introduce new Valley residents to other La Quinta M non -profits, i.e. La Quinta Rotary, Friends of the Library, and Friends of the Senior Center. We will encourage the City of La Quinta, La Quinta Chamber of Commerce, and Silver Rock Ranch to have a presence on Festival site. One of our more idealistic goals would be to capitalize on the Pacific Life Open tennis finals with co - branded Sun Bus that would shuttle consumers from that event to La Quinta Arts Festival for a more diverse weekend package. This request also includes our first attempt at a layout for Festival 2005 at Civic Center Park. We thank the City for their support in our research of this site for La Quinta Arts Festival and will continue to work with Dodie Horvitz, Community Services Director. If our request is approved, we will provide the Council with continued progress reports. Thank you for your consideration. Sincerely, Christi Salamone Executive Director Kathleen Hughes Events Manager 3 f, 85 C�! 40 W • • • o • o wt wt Nt Nt "•t o o ° o • o • •Ic • • O O N w ° ENTi i FTI 0 ° _ = O O• O ^ O O O s S • • Or il ° - - o • • - S • i i i i i w ^ • • o O NNt'j �a •Nt o 0 O o 0 0 ••• o 0p 0 3 i• ° o Q • o - ° rim • •� o u^ • • _ w Si • • 'Nl Nt Wt 'Nt Wt 'Mt "Lt i O •• O _ _ ± _ _ : _ _ = _ • FU 0 0 3 3 : i S i oo i i.••o 96%- % 0 • 3 3 i 0o ^ ^ ^ ^ 1 i i ° "►t ° a i ai 3 3 t w '•1 'Nt O „• - i � O O wt �Nt II r• • II 0 ° 3: i i 3 3 S�.� 0 0 'Do♦ ^ • d ° 0 ' ,y, ~� '•t Nt Nt O i i 3 3 i i i i g Q 0 0 0 .� 'yt • ^ ^ ^ ^ ^ O •Nt 3 0 0 • • •• •r 3 i i i i i 3 i = O D 0 0 w ,,� „•t • ° •• � ,yt wt Nt a • ° � o _ O o • J % Mimi i s .• • r ✓ • •i 3 3 i 3 Q ° jo • • 0 ° S O � • w ov ' • • - �M O • • • + O • • • • o ° . o • k10 0 o S 0 Q �• i i a• • • • • • O - Q ; O 0...._0 • • w o 0 0 O ©O w • • • • • a s of ,w • y� Nt cC i • • • i s s • ••• w � O� i � O . 3 • O • i =^ qj g+ • = i i o • i i i i i i i i i w i _ #� R`Q •O • Goo u 0 0 • .M1 " • o yo • • 0 Jo + •w•+.s..a.... ....... r , wf +� tom` • ; �g t� ° `� ,,., ""�.� o o ; _ I -a�O�0ASV0 i s I • i 0 r + ,r0 do ow ,1 1 w • • f w f • ��r •~ � ;i I ; �- /� O 4 O O O Ti �i O O ! �1 • f • u _.' � Gam.._ .�-'-�.._.. ._. • r�+r ,,, "" • : co ji. yy {{Yy1yq' y yiw t , • 1 O O • •� w .� • • 1� .0 J y . • • .,.� / f. '.9 f t ° •,j r • r p Y F O • • • !' • • f ••0 O • ✓" IF r r r r r r t • 0 • 1 p 14F r r r r r r p 14.. 14.E "•, • _ CO r •, r r r f r i r r r r ° w 141, 14*1 ra r • • dd r O ° •i ° v ° y{\�� • ,� q• O • • r r r r w 3i J ♦ r r r r r r r r � ( •• (/ ! O �, 1R. 14a t4�. 1. 14�. t4n 14» • i i• O M i r, , O • O " w - __ A • ai O i •9 • 66 � �'✓• f r r • P s • a . • + UO Ir i p O r ° © 9° r r r r r ,� O• �f • ! ! ! •; • may* r Q } O r fi �i �i '� w4 lb O O • • a 4 O • � 14n 11M. 14n 14�. 14n S p •._ 7 t y V CT t11 -P- W N F-- x O r a - tp ►"A fp O M X �O/� wad 0 O 'V t-& 10 A A 00 A " m 0 to of CA . °a w ao n '3rt G NF~- 0�000 �cA�7Cr n m w O N O 0 " w m N fA ? k4 m 0 O 0) m m H 0 ATTACHMENT 6 O� �J Q Al ,®�4 4 G� OF9�4 AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: May 18, 2004 Discussion and Review of the Site and Dwelling Plans for the Vista Dunes Development RECOMMENDATION: As deemed appropriate by the Agency Board. FISCAL IMPACT: None. BACKGROUND AND OVERVIEW: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: C PUBLIC HEARING: Now that the Agency has acquired the Vista Dunes Mobile Home Park and initiated the relocation process, the next step entails finalizing the site and elevation plans for the new residential neighborhood. Initial site plans were reviewed by the Agency Board when the project budget was being developed. Since then, the Vista Dunes design team (Community Development Director, Studio E Architects and RSG) has refined these plans and reviewed them with City and Fire Department staff. The next step is to seek Agency Board input. The design team will then finalize the site and building plans, prepare construction bid specifications, secure required City entitlements, and initiate the construction bid process. In developing the site and building plans, the design team worked to balance the following demands: • Creating a livable community that places residential units, parking, yard and open space/play areas on an odd -shaped parcel; • Meeting a majority of the City development standards for new residential development while generating a sufficient number of residential dwellings; S:\CityMgr\STAFF REPORTS ONLY\S2 Site plan.doc 819' • Blending in rather than dominating the surrounding uses; • Locating the homes, paseos, parking courts, and public spaces in a manner that works with the sun, wind and associated desert climate conditions; • Designing dwellings that incorporate generous room sizes, ample storage, interesting design, energy efficiency, and building materials and practices that are durable, economical and efficient; Establishing a design that embraces safe neighborhood design principles; and • Building a rental residential community that can be operated and maintained in a cost effective manner. Attached are the proposed site and building plans (Attachment 1). Detailed larger scale plans and elevations will be presented during the Study Session. The site plan proposes developing the 9.7 acre site with 82 single-family homes that would be constructed around parking courtyards. This configuration yields: • 26 one bedroom/one bath units that are 783 square feet in size 12 two bedroom/one bath units that are 868 square feet in size 12 two bedroom/two bath units that are 896 square feet in size • 32 three bedroom/two bath units that are 1,120 square feet in size. The one bedroom dwellings are located next to the auto parkway, the two bedroom units are a duplex configuration located to the rear of the one bedroom units, and the three bedroom homes are located along the site perimeter. These units also feature private rear yards; rear yards are made possible because the three bedroom homes are set back 20 feet from the property line along the western section (adjoining the single-family homes and the retention basin), 25 feet from the property line along the northern section (adjoining the single-family homes and Adams Park) and 15 feet from the property line along the eastern section (adjoining the fire station and the church). Resident parking is provided via carports, with the three and larger two bedroom units receiving two covered spaces, and the smaller two and one bedroom units receiving one covered space. Given comments provided by City staff, the design team is working on adding resident and guest parking. The carports also include locked storage closets. Separate trash and recycling enclosures will be provided for each dwelling. The site plan also accommodates open play areas, a basketball court, a pool and a recreation facility/management office. A storm water retention basin has been located near the entrance. In order to save space, it is proposed that the existing City -owned basin on Miles Avenue be expanded to accommodate site run-off. 02 S:\CityMgr\STAFF REPORTS ONLY\S2 Site plan.doc 190 Initially, the design team was proposing to use modular factory built homes. Subsequent costing indicated that it would be more economical to site build these dwellings. Staff will be presenting updated cost estimates that compare site built and manufactured housing options. Unit design and elevations will also be presented for both options, as well as additional details regarding the design and development principals that are guiding the planning efforts to date. The new residential neighborhood will be owned and operated by a non-profit housing entity. Proposals were solicited from qualified non-profit entities in January 2004. The design team has consulted with the two entities that presented proposals on site and dwelling design. This was done to address operations and maintenance considerations. Once the site and dwelling plans have been completed, qualified non-profit housing entities will be invited to submit proposals to acquire, own, and operate this development. At the conclusion of the Study Session discussions, staff will be .seeking Agency Board input and direction regarding the site and unit design parameters. With this direction, the design team will finalize the plans and prepare construction bid specifications. FINDINGS AND ALTERNATIVES: Alternatives available to the City Council include: 1. Review the site and elevation plans and provide staff with direction. Respectfully submitted, jCr� ryHe man mmunity Development Director Approved for submission: Thomas P. Genovese, City Manager Attachment: 1. Proposed site and building plans S:\CityMgr\STAFF REPORTS ONLY\S2 Site plan.doc 03 91 W " o A7N39V1N3rQM3A303b V. NInb V1 Mdomma �, vJ Y1Nina V1 / 3nN3AV s31iw Y � s9wOH pao�noo sauna opm r = r a en < E 0 K i I All 11 II 11 ll /IA 8q�g KV-i I I 111 I i l l C� I_VJ L—V�fl A'ff#ZHWNT 1 M 04 aawfu�oxas+oorwwrro�mmrorerr�oortrrwwnw�aiwvw'axsa�maueofweao�on'amm•n aurmaaxnwnfwnwpnowe�wmwowa�auwr�avwrosra�wesnw�ouYwu ) 9 �. 3 s ADMEN viNlna Yl �13dO13/13a oW - E x r vo Y1Ninb Yl / 3nN3nv S311W o e 0 e sauJoH pioAWnoo sauna o;s!A s Y Q 3nN3nv s311w too C4 qr r to C4 N N A n N C C C C Z tO eV !V aV tV V— V— 94 a x K x d too �t�ONN E E V- � t g t a3 �Q � N C4 on e- N N Nf 0� 11ONI1toMobNmMM�DMWMOOIIW�ADYSMI/.}YNtNnMMIIM�GY�OWMI'D1'UOr1O0ieAMNgOB1an 9000tn'ttnlLLOn!®1MI>ROMM1sLLWMlauoYlmiMIAIOwHWgMfYliO�aMgSWMDONMOI?1aLL A 3 • n t F- r n "r ca E O L O U O CL Z Cl) N LU O O a c LL CD O E O � � W a J J a s :3 c N = L ' U c� *= O Y ♦••r Cl)N �_ '> cu C cu rV T•) V .O ,� CU O � CU Cl) +- L- > CL U O O L° CL Cl)•> 10 O O U Q a cu cu Cl)CU C O L CL O cu O 4-0 cn O cu i i E O� N �� C cn ° '� p- to M .._ cn 0 U CD CO 0 rr� F- C C5 — 0 E J CC 0 N J 0 0 0 0 CD CD r� CD (U Q O C N rE CD r rrra CD > 'L7 co W = cz V CO C LCZ C i 0-> L CD ° O CZ Cn = /7 �J E O U O O O cz N L U .O C cz O cm .CD N .o a) cn cn CD co .0 c U CCS .O U) L cz w U CD L CD CD _ c = U a) =3 c .E cA CL .c O in i G � O U `� CZ CZ -0 Cn O � Cn CU Cn -0 O c ccnn M O O > > <C E E U O O � O. a) Co c CD � O- c .Q co (D L— Cn C O u cn cn CD L O O 0 �cz E C cn Cn cz .c �: %t: C� cz cn '% O O cp a. 0. FE s o S CD CD N�> E c O .0 C CL CO O CD �cCD Cm 'F. N �O O- � � O N •4-- • CO oO O cn cz 0) E cz _O 0.— CDc -0 cz0m U C U � ,� ca c .cz U) U 0 a� Cl) u � 'cr N .� _ O O N E��� N cm._ C: O O �� .� N 0 N " � U .CY) _ � a O O U CZ c N O > O u�.E a4y N � co � O � '� '� O EN O •N .r o� � O .0 O (D .0 CD E C co N CD .N •i �M •E m .a. O 4-0 O O 4— p .0 N ca co p- c 0 .C� , C � CD cn CD N .E E L� cn 'C/) +.r N cn O y- U 0 0 E c U) V N .E .� E cn .._ co CAS O m CD CD CZ U tU CD U � U � CZ !z .� ,cz Co S. �� p . J co ul i IL 4c i � 0 �. 0 W �. 1 • ,.-a .2 �F+ i m CD�— o a--+ iM o cn ♦.., Cl a � cc C Ev E c. > cz O cc 0N 0 CL Cl) O L. � co o •� 0 o -o •— •— cn o E co -- cm -0 o 0 0 > •- N o z CZ � '- o ■— f"! • _ r— O E W .— � cn .� o CL C .� co 0 cif 4--0 0 i E 0 co N r 0 CL cz cz 0 CD E O i X CD cz C� cz .,I c 0 y.n. A t/f i °k Ell z 0 U. J 'd asLU r� r ^rh• it^� I y"i � F MILES AVE N a s n k 3W e y r� e °,V 4 q cz ca O W r'w W w Ch C!) z R W LL 0 Cl) W C) Z w J r J Cn U LL Q W 0 z C) w C/) z U) w 0 w CL z w z D 0 LL 0 w C/) z w C/)