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2008 10 07 RDA&# 4 # aaja Redevelopment Agency agendas are available on the City' web page @ www.la-quinta.org REDEVELOPMENT AGENCY AGENDA CITY COUNCIL CHAMBERS 78-495 Calls Tampico La Quinta, California 92253 Regular Meeting TUESDAY, OCTOBER 7, 2008 3:00 P.M. Closed Session / 4:00 P.M. Open Session Beginning Resolution No. RA 2008-006 CALL TO ORDER Roll Call: Agency Board Members: Adolph, Henderson, Osborne, Sniff, and Chairman Kirk 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. 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 invited into the . Closed Session meeting when acquisition of real property is considered. 1. CONFERENCE WITH AGENCY'S REAL PROPERTY NEGOTIATOR, DOUGLAS R. EVANS, 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: LDD SILVERROCK, LLC., THEODORE R. LENNON. JR. 001 Redevelopment Agency Agenda 1 October 7, 2008 2. CONFERENCE WITH AGENCY'S REAL PROPERTY NEGOTIATOR, DOUGLAS R. EVANS, PURSUANT TO GOVERNMENT CODE SECTION 54956.8 CONCERNING POTENTIAL TERMS AND CONDITIONS OF ACQUISITION AND/OR DISPOSITION OF REAL PROPERTY IDENTIFIED AS APNS 609-040- 007 AND -023. PROPERTY OWNER/NEGOTIATOR: MIKE SOLLENBERGER. RECESS TO CLOSED SESSION RECONVENE AT 4:00 P.M. 4.00 P_M_ 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. CONFIRMATION OF AGENDA APPROVAL OF MINUTES 1. APPROVAL OF MINUTES OF SEPTEMBER 16, 2008. 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 OCTOBER 7, 2008. 2. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR ASSISTANT CITY MANAGER -DEVELOPMENT SERVICES TO ATTEND THE 2008 CALIFORNIA REDEVELOPMENT AGENCY AFFORDABLE HOUSING CONFERENCE IN SACRAMENTO, CALIFORNIA, OCTOBER 29-30, 2008. 3. APPROVAL OF AMENDMENT NO. 1 THE DISPOSITION AND DEVELOPMENT AGREEMENT (DDA) BY AND BETWEEN THE LA QUINTA REDEVELOPMENT AGENCY AND LRCF SR1, LLC, FORMERLY KNOWN AS LDD SILVERROCK, LLC. "o, 002 Redevelopment Agency Agenda 2 October 7, 2008 BUSINESS SESSION - NONE STUDY SESSION 1. DISCUSSION OF VILLAGE SIGN PROGRAM. CHAIR AND BOARD MEMBERS' ITEMS — NONE PUBLIC HEARINGS — NONE ADJOURNMENT The next regular meeting of the Redevelopment Agency will be held on October 21, 2008, commencing with closed session at 3:00 p.m. and open session at 4:00 p.m. in the City Council Chambers, 78-495 Calle Tampico, La Quinta, CA 92253. DECLARATION OF POSTING I, Veronica Montecino, City Clerk of the City of La Quinta, do hereby declare that the foregoing agenda for the La Quinta Redevelopment Agency meeting of October 7, 2008, was posted on the outside entry to the Council Chamber at 78-495 Calle Tampico and on the bulletin boards at 51-321 Avenida Bermudas and 78-630 Highway 111, on October 3, 2008. D�A Oct/ob�er 200 VERONICA J ONTECINO, City Clerk City of La Quinta, California Public Notice Any writings or documents provided to a majority of the Redevelopment Agency regarding any item on this agenda will be made available for public inspection at the City Clerk counter at City Hall located at 78-495 Calle Tampico, La Quinta, California, 92253, during normal business hours. tJ ' Redevelopment Agency Agenda 3 October 7, 2008 La. mo oC29 f � W E`y OF T4tti'9� AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: October 7, 2008 BUSINESS SESSION ITEM TITLE: Demand Register Dated CONSENT CALENDAR October 7, 2008 STUDY SESSION PUBLIC HEARING RECOMMENDATION: It is recommended the Redevelopment Agency Board: Receive and File the Demand Register Dated October 7, 2008 of which $682,438.43 represents Redevelopment Agency Expenditures PLEASE SEE CONSENT CALENDAR ITEM NUMBER 1 ON CITY COUNCIL AGENDA 004 Tit!t ot 4 a" COUNCIL/RDA MEETING DATE: ITEM TITLE: Authorization for Overnight Travel for Assistant City Manager -Development Services to attend the 2008 California Redevelopment Agency (CRA) Affordable Housing Conference in Sacramento on October 29-30, 2008 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: ss�� CONSENT CALENDAR: 4;L STUDY SESSION: PUBLIC HEARING: Authorize overnight travel for the Assistant City Manager -Development Services to attend the 2008 California Redevelopment Agency (CRA) Affordable Housing Conference in Sacramento on October 29 — 30, 2008 (Attachment 1). FISCAL IMPLICATIONS: The Fiscal Year 2008/2009 Budget has allocated funds for travel, training and meetings for staff. Costs associated with attending this conference is as follows: 245-9001-703.51-01 (50%) and 246-9002-703.51-01 (50%). Attendance at this seminar is estimated to be $1,634 per person based upon the following costs: Conference $ 520 Lodging $ 460 Travel $ 354 Meals (4 days x $75) $ 300 Total $1,634 CHARTER CITY IMPLICATIONS: None BACKGROUND AND OVERVIEW: The 2008 CRA Affordable Housing Conference will discuss what customer -based tools are available to develop affordable "green" housing, what solar programs are available to agencies, and how to implement an affordable housing "green" program. In addition, workshops regarding state housing programs, Housing Recovery Act and other housing topics are available. 005 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Authorize overnight travel for the Assistant City Manager -Development Services to attend the 2008 California Redevelopment Agency (CRA) Affordable Housing Conference in Sacramento on October 29 — 30, 2008; or 2. Do not authorize overnight travel for the Assistant City Manager -Development Services to attend the 2008 California Redevelopment Agency (CRA) Affordable Housing Conference in Sacramento on October 29 — 30, 2008; or Provide staff with alternative direction. Respectfully submitted, _ u Douglas R. E s Assistant y Manager - Development Services Approved for submission by: Thomas P. Genovese, Executive Director Attachment: t. Conference Program Description :141w4.J . 006 Doubl' e,Hotel,:Sacramento; October 29-30, 2qq$ I r 16- Boulevard Townhomes Pre -Conference Workshop Making Affordable Housing Green Wednesday, October 29 8:00 a.m. Registration 8:30 —11.30 a.m. Affordable Green: It's Not an Oxymoron Anymore! Everywhere you look, California is going green. Learn how redevelopment agencies can get there by attending this workshop! This workshop will discuss what customer -based tools are available to develop affordable "green" housing, what solar programs are available to agencies, and how to implement an affordable housing "green" program. David Rosen, Principal, David Paul Rosen Associates, will moderate this interactive workshop. Part I - Customer -Based Tools to Develop Affordable "Green" Housing California is taking the lead in developing affordable green housing and retrofitting affordable housing to green housing. This includes requiring utility companies to provide discounted rates on gas and electricity charges to low-income households. Learn how CARE (California Alternate Rates for Energy) and FERA (Family Electric Rate Assistance) programs work, and how they can help reduce costs on single and multifamily projects. Speakers will also preview the 2009-2011 Energy Efficiency Programs with particular emphasis on the partnerships being developed, including statewide partners, local government partners, green communities, and third party programs. Speakers: Leif Christiansen, Senior Program Manager, PG&E, Customer Energy Efficiency Local Government Partnerships Program Linda Fontes, Manager, PG&E, CARE, FERA, and Cooling Centers Programs Frances Thompson, Manager, PG&E, Low Income Energy Efficiency Program Part 11 - Solar Programs The California Solar Initiative and the New Solar Homes Partnership Programs recently added affordable components for low-income homeowners and multitenant buildings. Learn the details of these programs which are available through PG&E, So Cal Edison, San Diego Gas & Electric, and other utilities. Speakers: Shagun Boughen, Manager, PG&E, New Solar Homes Partnership Program Caitlin Shaw Henig, Manager, PG&E, Low - Income Solar Program Part III - Sustainable Development in the Urban Context: Redevelopment and Affordable Housing Learn how redevelopment agencies can develop an affordable housing "green" program in the context of sustainable development. This session will propose an agenda for sustainable development land use, building regulation and redevelopment, provide a case study of how Santa Monica is addressing this issue with a comprehensive approach to sustainable development and Greenhouse Gas reduction, and provide a case study in financing comprehensive sustainability measures. It will also discuss the importance of rehabilitating older housing with energy savings and renewable energy measures. Speakers: Gwynne Pugh, Principal, Pugh + Scarpa Architects, Chairman, Santa Monica Planning Commission Leah Rothstein, Associate, David Paul Rosen & Associates Green Building Housing Rehabilitation Specialist 11:45 a.m —12:45 p m. Lunch for workshop attendees Wednesday, October 29 1:00 —1:20 p.m. Welcome and Opening Remarks John Shirey, Executive Director, CRA Lisa Stipkovich, CRA President, Executive Director, Anaheim Redevelopment Agency Mary Ellen Shay, Executive Director, CAL-ALHFA Douglas Shoemaker, CAL-ALHFA President, Deputy Director, San Francisco Mayor's Office of Housing 2:00 — 2:15 p.m. Break 2:15 — 3:45 p.m. General Session Building Blocks for Affordable Housing: Latest on State Housing Programs Building affordable housing is a challenge in today's housing market. However, opportunities in developing affordable housing are being fast - tracked with the implementation of new Prop 1C Transportation Oriented Development and Infill Infrastructure funds. Hear the latest on how these programs work with other existing affordable housing programs, and what's in store for 2009 for multifamily, single family and special needs housing. (Details on the implementation of Prop 1C as well as an update on establishing a permanent source of funding for affordable housing will be discussed the following day in a concurrent session, Permanent Funding for Affordable Housing and Proposition 1C Update) Moderator: Mary Ellen Shay, Executive Director, CAL-ALHFA Speakers: Anita Adams, Vice President, Community Investment Department, Federal Home Loan Bank of San Francisco Joanie Jones Kelly, Executive Director, California Debt Limit Allocation Committee Theresa Parker, Executive Director, California Housing Finance Agency Bill Pavao, Executive Director, California Tax Credit Allocation Committee Chris Westlake, Deputy Director, California Department of Housing and Community Development 4:00 — 5:15 p.m. 1 hour of MCLE credit General Session The Road to Recovery: The Housing and Economic Recovery Act of 2008 H.R. 3221, the Housing and Economic Recovery Act of 2008, became law on July 30. This broad legislation includes a new CDBG program for neighborhood stabilization and foreclosure relief; the creation of a National Housing Trust Fund; regulatory reforms affecting Freddie Mac and Fannie Mae; $11.1 billion in tax-exempt authority; and provisions improving the tax credit and bond allocation procedures. This session will report on California's response to H.R. 3221 and bring attendees the latest information on all facets of the legislation. Moderator: M David Kroot, Partner, Goldfarb & Lipman LLP Speakers: Joanie Jones Kelly, Executive Director, California Debt Limit Allocation Committee Bill Pavao, Executive Director, California Tax Credit Allocation Committee Jeanne Peterson, Principal, Reznick Group Geoffrey Ross, CDBG Program Manager, Sacramento Housing and Redevelopment Agency 5:30 — 7:00 p.m. Reception —Housing Idea Exchange Sponsored By: Bank of Sacramento Overland, Pacific & Cutler, Inc. Keyser Marston Associates USA Properties Fund secure online registration available at www.calredevelop.org.,,, 009 Thursday, October 30 Concurrent Sessions 830 — 9:40 a.m. Session A 1 hour of MCLE credit Affordable Housing Monitoring: Effective Techniques for AB 987 Implementation Recently enacted AB 987 places significant new requirements on redevelopment agencies to establish and maintain a publicly accessible database of all affordable housing units they assist or claim as replacement for project area production credit. These tasks present a burgeoning administrative challenge to agencies as their stock of assisted affordable housing rapidly expands. This session will discuss redevelopment law affordability, monitoring, and database requirements and explore innovative techniques for redevelopment agencies seeking legally sound and administratively efficient means to accomplish their expanding monitoring and database management obligations. Moderator: Polly Marshall, Partner, Goldfarb & Lipman LLP Speakers: Lorna Henri, Compliance Director, U. S. Communities Compliance Services John Montagh, Redevelopment and Housing Manager, City of Concord Session B Preparing the Next Generation of Housing Development Leaders In response to the "retirement wave" of baby -boomer professionals, redevelopment agencies are severely challenged to prepare the next generation of housing development leaders. This interactive session will explore the aptitudes, knowledge, and skills required for aspiring housing leaders and strategies to accelerate their development. The session will also offer guidance on how emerging leaders can use their new leadership skills and experiences for other local government careers. Speaker: Frank Benest, Former City Manager, City of Palo Alto Session C 1 hour of MCLE credit The HCD Report: Completing Your HCD Housing Activities Report Agencies are required each year to report to the Department of Housing & Community Development (HCD) information on housing activities funded through the Low- and Moderate -Income Housing Fund. This session will provide instruction from HCD staff on how to complete the forms. The session will examine: correct accounting for housing units; required information to complete forms; and review on-line filing option of submittal of HCD form. Moderator: Glen Campora, Senior Policy Advisor, California Housing and Community Development Department Speaker: Jeff Newbury, Housing Policy Analyst, California Housing and Community Development Department 9A0 — 9:50 a.m. Break DoubleTree Hotel Sacramento 2001 Point West Way Sacramento, CA 95815-4702 Reservations: (916) 929-8855 Ext. 4500 Guest room rate: $109 (Single/Double), $124 (Triple/Quad) Reservations Cut -Off Date: October 7, 2008 Parking: Free Check -In: 3:00 PM, Check -Out: 12:00 PM Thursday, October 30 Concurrent Sessions 9:50 —11:00 a.m. Session A Reducing Risk: Leveraging Public Funds with Private Capital Redevelopment agencies are under increasing pressure to maximize the financial and social returns of their housing set -aside funds. In Los Angeles, two new partnerships are assisting agencies reduce their risk and increase their impact by leveraging public funds with private capital. Learn how experienced nonprofit lenders and city and county agencies are working together to get more high -impact developments off the ground. Moderator: Tim O'Connell, Senior Director, Programs & Policy, Century Housing Speakers: Brigitt Jandreau-Smith, Director, Product Development, Corporation for Supportive Housing Gregg Kawczynski, Manager, Los Angeles County Community Development Commission Stephen Peelor, Senior Vice President, Lending, Century Housing Session B 1 hour of MCLE credit Preventing Blight Caused by Foreclosures: Innovative Redevelopment Agency Programs Many communities are experiencing concentrated foreclosures in residential neighborhoods, resulting in declining property values, vacancies, deteriorated properties, and an increased potential for blight. This session will describe the programs developed by redevelopment agencies to prevent these outcomes, including foreclosure counseling, refinancing, intervention with lenders, and purchasing of properties, rehabilitation, and coordination with other public agencies. It will discuss AB 2594 (Mullins), which will assist agencies in providing pre- and post -foreclosure assistance, and the appropriate role for redevelopment agencies in responding to concentrated foreclosures under California Redevelopment Law. Moderator: Lynn Hutchins, Partner, Goldfarb & Lipman LLP Speakers: Ingrid Alverde, Housing Manager, City of Poway Janet Kennedy, Housing Coordinator, City of Antioch, Council Member, City of Martinez Mercedes Marquez, General Manager, City of Los Angeles Housing Department Session C A Ray of Light: Special Needs Housing Partnerships between affordable housing developers and special -needs service providers have created new opportunities to fund affordable housing. Attend this session to learn how the California Mental Health Services Act has generated funding that can be used in conjunction with redevelopment resources. Based upon the "Housing First" model, partnerships are forming that combine the strengths of on -site services with the expertise of affordable housing developers. It is a powerful relationship and one of the few areas that continues to expand in this difficult market. Moderator: Renner Johnston AIA, Senior Associate, Mogavero Notestine Associates Speakers: Diane Luther, Assistant Director, Sacramento Housing and Redevelopment Agency Lisa Motoyama, Director of Housing Development, Resources for Community Development Nonprofit Corporation Michelle Starratt, Housing Development Manager, Alameda County Community Development Agency ... Thursday, October 30 9:50 a.m. -12:20 p.m. Affordable Housing at its Best —Bus Tour of Sacramento's Finest The Sacramento Housing and Redevelopment Agency is hosting a bus tour of its award -winning affordable housing projects. Tour several types of affordable housing developments, including development along transit lines and housing for seniors, families, and special needs populations. Learn how your community can use simple tools to develop, rehabilitate, and preserve valuable housing stock. The tour will leave the hotel at 9:50 a.m. and return at 12:20 p.m. Bus seating is limited. Those interested in taking the tour must check the "Sacramento Bus Tour" on the registration form' Concurrent Sessions 11:10 a.m. -12:20 p.m. Session A Permanent Funding for Affordable Housing and Proposition 1C Update Learn the latest on the quest to provide permanent, renewable, non -transferable sources of funding for affordable housing by attending this session. Hear from the Director and principals of the State Housing and Community Development Department on the status of establishing a permanent funding source for affordable housing and an update on Proposition 1C programs, including Transit Oriented Development Housing and Infill Infrastructure Grants and other funding programs. Moderator: Russ Schmunk, Assistant Deputy Director, California Department of Housing and Community Development Speakers: Lynn Jacobs, Director, California Department of Housing and Community Development Chris Westlake, Deputy Director, California Department of Housing and Community Development Session B 1 hour of MUE cred When Worlds Collide: Whose Affordability Rules Apply? Do you know the affordability covenants and restrictions of a project with multiple funding sources? Attend this session to learn what the challenges are in defining affordability when multiple funding sources are brought to a project. Hear about the potential impacts of inconsistent affordability requirements on a project's financial feasibility and on the community's ability to meet its affordable housing goals. The session will also discuss how agencies determine when to subordinate affordability covenants, and policy considerations and legal requirements for subordination. Moderator: Deborah Rhoads, Senior Associate, Kane, Ballmer & Berkman Speakers: Kathleen Head, Senior Principal, Keyser Marston Associates Eve Ryan, Senior Vice President, Community Development Finance, Wachovia Bank Peter Zovak, Deputy Director of Housing, City of Glendale Housing Authority Session C From Mobile Homes to Affordable Housing - A Success Story! Successfully converting mobile home parks to affordable housing projects is daunting. These conversions require strict adherence to stringent state and federal relocation laws and state mobile home park closure laws. This session will discuss the conversion of the Meadowbrook Mobile Home park, located south of San Francisco, to an affordable housing, transit -oriented project, including how difficult issues were overcome. Issues to be discussed include relocation process, noticing requirements, project planning and implementation, and more. Moderator: David Richman, Regional Director, Overland, Pacific & Cutler, Inc. Speakers: Ben Metcalf, Project Manager, BRIDGE Housing Karen Tiedemann, Partner, Goldfarb & Lipman Thursday, October 30 MCLE credits available - CRA is a state Bar of California approved MCLE provider MCLE credit is Concurrent Sessions available for specific sessions as indicated herein. 210 — 3:20 p.m. Session A Making it Real: Strategic Planning in Affordable Housing Production Most jurisdictions struggle to meet their Regional Housing Need Allocation requirements in complying with the California Department of Housing and Community Development (HCD) oversight and Housing Element approval process. This session will explore how jurisdictions, working collaboratively with HCD, can craft an affordable housing production strategy that results in the best possible production and preservation of an affordable housing program. A panel of experts will present a rare opportunity for frank discussion of the challenges and opportunities contained in Housing Element compliance process. Moderator: David Rosen, Principal, David Paul Rosen & Associates Speakers: Cathy Creswell, Deputy Director, California Department of Housing and Community Development Leslye Krutko, Director of Housing, City of San Jose Session B Stemming the Tide of Foreclosures & Leveraging Housing Funds through Public/Private Partnerships Maximizing redevelopment agency funds in a volatile housing market can be a risky business. This session will describe the public —private partnerships formed by five cities, two counties, and HUD to create the Tri-Valley Housing Opportunity Center. The Center provides homebuyer education, financial literacy guidance, and post purchase and foreclosure prevention counseling. It also administers down payment assistance programs, including programs funded by Housing Set -Aside Funds. Attend this session to learn how this model could be duplicated in your region! Moderator: Brooke Littman, Housing Programs Manager, City of San Ramon Speakers: Nancy Flores, Supervisory Operations Officer, U.S. Department of Housing and Urban Development James Paxson, Chair, Valley Housing Opportunity Center Jacqueline Rickman, Director, Tri-Valley Housing Opportunity Center Eric Uranga, Housing and Human Services Manager, City of Livermore Session C Housing Bust = Opportunities for Affordable Housing Innovation The declining housing market has created new opportunities for affordable housing development. Downtown San Diego is building new affordable housing incorporating density, mixed -uses, and mixed -income populations. This session introduces two highly complex projects that demonstrate innovations in ownership structures, design, financing, and management plans: Ten Fifty B, a 23-story family housing project on a former luxury condominium site and Cedar Gateway, a mixed -use project with family apartments, supportive housing, retail space, and public parking. Moderator: Eri Kameyama, Associate Project Manager, Redevelopment, Centre City Development Corporation Speakers: Paul Marra, Principal, Keyser Marston Associates M7EI I' Jim Silverwood, President, Affirmed Housing Group GU CK uGary Squier, President, Squier Properties tt You dleast 3 neww3:20 p,m. elp Y°ill till terAdjournment CO i Name: Registration Information ` `s s To register complete the registration Title: _ form and fax it to (916) 448-9397; mail it directly to CRA; register online Informal name (to appear on badge): at www.calredevelop.org; or register on -site Your registration fee for the Organization: conference will include course materials, refreshment breaks, and lunch on Address: Thursday. Registration for the workshop includes lunch on Wednesday and City, State, Zip: course materials. Student and intern Phone/Fax: discounts are available on a space available basis subject to verification and Email: approval. Call Judy Jennemann at (916) 448-8760 for details. onterence h ees CRA Mcmbcr/CAL-ALHFA Mcmbcr Non-member On or before October 10 After October 10 On -Site On or before October 10 After October 10 On -Site ❑ Workshop, Conference&Iandbook" $520 $560 $650 $695 $740 $830 ❑ Workshop & Conference $485 $525 $615 $650 $695 $785 ❑ Conference &Handbook' $415 $440 $495 $580 $610 $665 ❑ Workshop &Handbook' $140 $155 $190 $160 $175 $210 ❑ Conference Only $380 $405 $460 $535 $565 $620 ❑ Workshop Only $105 $120 $155 $115 $130 $165 "California Affordable Housing Handbook Vegetarian meal ❑ Special needs: _ Payment Information Please check one only. Payment & registration must be submitted together. ❑ Check enclosed ❑ Visa/MasterCard/AMEX Name on card: Card number: Expiration date: CSC#: Total Payment: 3 or 4 digits on a-6_t carF Signature: p( CALIFORNIA REDEVELOPMENT ASSOCIATION 1400 K Street, Suite 204 �. �. Sacramcnto,CA 95814-3916 Phone (916) 448-8760 Fax (916) 448-9397 Sacramento Bus Tour $15 Cancellation Policy + Cancellations must be submitted in writing (faxed or ematled documents are acceptable). • Cancellations postmarked, faxed or emailed by 10/22/08 will be charged an $85 cancellation fee ♦ No refimd for cancellations postmarked 10/23/08 or later, and/or for registrants who do not cancel or attend. + For registrants who cancel less than seven days before the day of the event you may (1) send a qualified substitute from your organization, or (2) transfer your PREPAID registration (less a 15% administration fee) to a CRA event of your choice (to be used within a 12-month period) PRESORTED FIRST CLASS U.S. POSTAGE PAID SACRAMENTO, CA PERMIT NO. 2086 r„ 014 cear 4 4 a" COUNCIL/RDA MEETING DATE: October 7, 2008 ITEM TITLE: Approval of Amendment No. 1 to the Disposition and Development Agreement by and between the La Quinta Redevelopment Agency and LRCF SR1, LLC, formerly known as LDD SilverRock, LLC RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 3 STUDY SESSION: PUBLIC HEARING: Approve Amendment No. 1 to the Disposition and Development Agreement by and between the La Quinta Redevelopment Agency and LRCF SR1, LLC. FISCAL IMPLICATIONS: None at this time. BACKGROUND AND OVERVIEW: On December 19, 2006, the Agency entered into a Disposition and Development Agreement with LDD SilverRock, LLC ("LDD") for the development of a boutique hotel, resort hotel, casitas, and a resort retail village. LDD subsequently reorganized, and became known as LRCF SR1, LLC (herein referred to as "LRCF"). The DDA includes a provision which allows the Executive Director to grant one six- month time extension. Due to changing market conditions, LRCF requested this extension, which was granted in November 2007. The extension applied specifically to the Schedule of Performance item related to the preparation of design/construction development drawings for the Boutique Hotel. As the real estate and financial markets continued to deteriorate nationwide, LRCF requested a one-year time extension. In July 2008, the Agency Board granted a 90-day extension; and in September 2008, the Agency Board directed staff to prepare another 90-day extension, and to include authority for the Executive Director to grant an additional 90-day extension, if needed. Amendment No. 1 (Attachment 1) includes these adjustments to the DDA schedule. 15 The Amendment also adjusts the timeframes for reappraising the various development parcels. Originally, the reappraisal was scheduled for December 19, 2009 (three years after DDA approval). The reappraisal date has been changed to December 6, 2010 to reflect the DDA time extensions. In addition, the Amendment acknowledges that the time extensions will affect the various payments set forth in the "City Declaration of Covenants, Conditions, and Restrictions," and that future revisions may be necessary to increase the amount of those fees by any increase in the average daily room rate in the surrounding areas. FINDINGS AND ALTERNATIVES: The alternatives available to the Agency Board include: 1. Approve Amendment No. 1 to the Disposition and Development Agreement by and between the La Quinta Redevelopment Agency and LRCF SR1, LLC; or 2. Do not approve Amendment No. 1 to the Disposition and Development Agreement by and between the La Quinta Redevelopment Agency and LRCF SR1, LLC; or 3. Provide staff with alternative direction. Respectfully submitted, Assistant Ci Manager — Development Services Approved for submission by: ram O Thomas P. Genovese, Executive Director Attachment: 1. Amendment No. 1 016 ATTACHMENT AMENDMENT NO.1 TO DISPOSITION AND DEVELOPMENT AGREEMENT THIS AMENDMENT NO. I TO DISPOSITION AND DEVELOPMENT AGREEMENT ("Amendment No. 1") is made and entered into as of , 2008 ("Effective Date") by and between LA QUINTA REDEVELOPMENT AGENCY, a public body, corporate and politic ("Agency"), and LRCF SRI, LLC, formerly known as LDD SILVERROCK, LLC, a Delaware limited liability company ("Developer"). RECITALS: A. On or about December 19, 2006, the Agency and Developer entered into that certain Disposition and Development Agreement (the G4DDA"), pursuant to which Agency agreed to sell to Developer, and Developer agreed to purchase from Agency that certain real property located at the southwest intersection of Jefferson Street and Avenue 52 in the City of La Quinta, California 92253 (the "Property") and to construct, complete, and operate thereon a commercial project containing a luxury four -star quality or higher boutique hotel and a four -star quality or higher luxury resort hotel, a retail village condominium hotel units, resort units, and associated amenities (collectively, the "Project"). All capitalized terms not specifically defined herein shall have the meanings ascribed thereto in the DDA. B. Developer has assigned to LRCF SR2, LLC, a Delaware limited liability company, all of its rights and obligations in, under and to the DDA with respect to all of the real property identified in the DDA other than the parcels identified therein as the "Boutique Hotel Parcel" and the "Ranch Villas Parcel." C. On or about November 6, 2007, the Agency Executive Director granted Developer a one hundred eighty (180) day extension to the timeframe for Developer to prepare final grading plans and Design/Construction Development Drawings for the Boutique Hotel (the `BIl Drawings Deadline"). D. On July 15, 2008, the Agency Board of Directors approved an additional ninety (90) day extension to the BH Drawings Deadline. E. On September 16, 2008, the Agency Board of Directors directed Agency staff to prepare an amendment providing Developer with an additional ninety (90) day extension to the BH Drawings Deadline, and to provide the Agency's Executive Director with authority to grant additional extensions to the BH Drawings Deadline of up to a total of ninety (90) additional days. F. Agency and Developer now desire to amend the DDA to reflect the time extensions described in Recitals C, D, and E above, and to make certain other conforming timeframe changes. 882/015610-0084 95047?4 02 a10/02/08 AGREEMENT: NOW, THEREFORE, in consideration of the foregoing recitals which are incorporated herein by this reference and for valuable consideration the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. The DDA is hereby amended as follows: 1.1 To revise the Time for Completion in Item 11 of the Schedule of Performance for the Boutique Hotel to state: `By January 6, 2010." 1.2 To revise the Time for Completion in Item 21 of the Schedule of Performance for the Boutique Hotel to replace the phrase "20 months after the Effective Date" with "32 months after the Effective Date." 1.3 To revise the Time for Completion in Item 21 of the Schedule of Performance for the Ranch Villas Development to replace the phrase "20 months after the Effective Date" with "32 months after the Effective Date." 1.4 To replace the first paragraph of text in Attachment No. 3, in its entirety, with the following: The Purchase Price for each of the Golf Casitas Parcel, Lake Casitas Parcel, Ranch Villas Parcel, Resort Hotel Parcel, Resort Retail Village Parcel (if sold to Developer), and Black Box Parcel shall be determined in the following manner: On or before December 6, 2010, and on or before the close of each three (3) year period thereafter until all Parcels have been sold and conveyed to Developer, Developer and Agency shall select an appraiser reasonably acceptable to both parties and commission an updated appraisal reflecting the fair market value of any of the Parcels that have not, as of said date, been sold to Developer (each, an "Appraisal"). Except as provided below, Agency shall be responsible for all of the costs associated with each of said Appraisals. The Purchase Price for each Parcel (except the Boutique Hotel Parcel) shall be the fair market value of the Parcel, as set forth in the most recent Appraisal. Subject to the following sentence, the Purchase Price for the Boutique Hotel Parcel shall be as set forth above. Notwithstanding anything herein to the contrary, in the event any of the Parcels, including, without limitation, the Boutique Hotel Parcel, are sold to Developer before December 6, 2010, and the acreage of the Parcel, as indicated by the final and recorded Parcel Map, differs from the acreage set forth herein, then the Purchase Price for said Parcel shall be recalculated, based on the following price per acre: 2. Developer acknowledges and agrees that as a result of the three hundred sixty (360) days in extensions granted to Developer hereby, the various payments set forth in the form of City Declaration of CC&Rs attached as Exhibit E to the Development Agreement (Attachment No. 6 to the DDA) may be understated, and, if so, will require revision prior to Developer's execution of the first City Declaration of CC&Rs. In addition to the conditions to closing set forth in 882/015610-0094 950474.02 a10/02/08 '��• • % 018 Section 205 of the DDA, in the event that there is an increase in the "ADR Index" during the 2007 calendar year, the Closing for the Boutique Hotel Parcel shall be conditioned on City and Developer executing an amendment to the Development Agreement that revises the form of City Declaration of CC&Rs to increase the amounts stated therein for "Excess Use Payments," "CHU Annual Resort Payments," and "Fractional Unit Annual Resort Payments" by such increase (as those terms are defined in the City Declaration of CC&Rs). 3. Agency's Executive Director shall have the right to unilaterally grant Developer with extensions of time above and beyond the extensions granted hereby, provided such new extensions do not exceed, cumulatively, a total of three (3) additional months, and provided Agency's Executive Director notifies the Board of Directors of such new extensions prior to granting the same. 4. Except as otherwise expressly provided in this Amendment No. 1, all of the terms and conditions of the DDA shall remain in full force and effect. 5. In the event of any action between Agency and Developer seeking enforcement of any of the terns and conditions to this Amendment No. 1, the prevailing party in such action shall be awarded, in addition to damages, injunctive or other relief, its reasonable costs and expenses, including without limitation its expert witness fees and reasonable attorney's fees. 6. This Amendment No. 1 shall be construed according to its fair meaning and as if prepared by both parties hereto. 7. This Amendment No. 1 shall be governed by the internal laws of the State of California and any question arising hereunder shall be construed or determined according to such law. The Superior Court of the State of California in and for the County of Riverside, or such other appropriate court in such county, shall have exclusive jurisdiction of any litigation between the parties concerning this Amendment No. 1. Service of process on Agency shall be made in accordance with California law. Service of process on Developer shall be made in any manner permitted by California law and shall be effective whether served inside or outside California. 8. Time is of the essence of this Amendment No. 1 and of each and every term and provision hereof. 9. A waiver of a provision hereof, or modification of any provision herein contained, shall be effective only if said waiver or modification is in writing, and signed by both Agency and Developer. No waiver of any breach or default by any party hereto shall be considered to be a waiver of any breach or default unless expressly provided herein or in the waiver. 10. This Amendment No. I may be executed in counterparts, each of which, when this Amendment No. I has been signed by all the parties hereto, shall be deemed an original, and such counterparts shall constitute one and the same instrument. It. The person(s) executing this Amendment No. 1 on behalf of each of the parties hereto represent and warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. I on behalf of said party, (iii) by so 882/015610-0084 O 950474.02 .10/02/08 9 executing this Amendment No. 1 such parry is formally bound to the provisions of this Amendment No. 1, and (iv) the entering into this Amendment No. 1 does not violate any provision of any other agreement to which such party is bound. [End — Signature Page Follows] 882/015610-0084 950474.02 a10/02/08 IN WITNESS WHEREOF, Agency and Developer each hereby represents that it has read this Amendment No. 1, understands it, and hereby executes this Amendment No. 1 to be effective as of the day and year first written above. "Developer" LRCF SRI, LLC, a Delaware limited liability company Date: 12008 By: Its: "Agency" LA QUINTA REDEVELOPMENT AGENCY, a public body, corporate and politic Date: 12008 By: ATTEST: Veronica J. Montecino, Agency Secretary APPROVED AS TO FORM: RUTAN & TUCKER, LLP M M. Katherine Jenson, Agency Counsel Executive Director 882/01561M084 ,• 21 950474.02 a10/02/08 AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: October 7, 2008 BUSINESS SESSION: ITEM TITLE: Discussion of Village Sign Program CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Review and discuss preliminary design concepts in relation to development of a Village Sign Program. FISCAL IMPLICATIONS: This is a Capital Improvement Project with a total budget of $442,000 funded from the Redevelopment Agency. Future cost implications will involve fabrication and installation. Exact expenditures will depend on final design, materials, and the number signs. Staff will bring back a proposed budget with the final design development plan for the Agency Board's consideration. CHARTER CITY IMPLICATIONS: The project is funded with Redevelopment Funding. As such, the project will be bid as a prevailing wage improvement. BACKGROUND AND OVERVIEW: The City of La Quinta has a contract for services agreement in place with Best Signs, Inc. which commenced on May 1, 2008. The scope of work entails design and planning tasks in relation to development of a Village Sign Program. �••, _ 022 Pursuant to the scope of work, three initial design concepts have been created: 1. The first design incorporates elements and colors already present in and around the La Quinta Village area. The base of the signs mirror obelisks similar to the exiting boundary monuments found throughout the Village; the color green resembles the green at City Hall and the La Quinta Library. 2. The second design was inspired by the conceptual designs being developed for a City entrance monument at Highway 1 1 1, near the Cliff House. The base and face of the signs have architectural features that would potentially complement the City's new entrance monument. 3. The third design incorporates the new promotional logo and its color (blue). It is a more contemporary column design that uses the jagged shape of the mountains. Attachment 1 provides all three design concepts and corresponding sign applications. Each design concept has been applied to several types of signs, including: local vehicular, primary gateway, pedestrian, banner, and destination monument. Design services rendered by Best Signs have involved several meetings with Development Services, Planning, and Community Services staff as well as the Chamber of Commerce and several Village businesses. The meetings have facilitated discussion of a comprehensive sign program for the La Quinta Village that will direct people from Highway 1 1 1 and other major arterials into the Village area. Stake holders have been supportive of the program, realizing its intent is to increase traffic to the Village and encourage more shopping, dining, and event participation. Generally, the Village Sign Program will be considered for the following corridors: Highway 1 1 1, Washington Street, Jefferson Street, Eisenhower Drive, Calle Tampico, and Avenue 54 (Attachment 2). Exact sign placement/location has not been determined and is still under consideration. The signs are intended to be informational, directional, and promotional in nature. Various points of interest in and around the Village will be considered such as the Civic Center, Senior Center, Library, Museum, and parks, as well as generally defining the Village boundaries (Attachment 3). The purpose of today's Study Session is to present the three design concepts to the Agency Board for input and direction. Staff is soliciting Agency direction on which concept is favorable for this project. Once a concept is selected, Best Signs will complete sign development (30 days) and produce final plan and bid specifications (30 days). Staff will then go out to bid on construction and installation, and award a contract within 45 to 60 days. The goal is to have the Village signs installed by spring 2009. 023 Respectfully submitted, c Douglas . Evans Assistant City Manager —Development Services Approved for submission by: �G A�: WI-e" � � - Thomas P. Genovese, Executive Director Attachments: 1. Village sign concepts 2. Map of sign location corridors 3. Map of La Quinta Village boundaries nni :c ATTACHMENT 1 I,- 026 ''�7 I A ti ,rza* - I 7i ATTACHMENT 3 i y a $. 030