2009 03 17 RDARedevelopment Agency agendas are
available on the City' web page
@ www.la-quinta.org
REDEVELOPMENT AGENCY
AGENDA
CITY COUNCIL CHAMBERS
78-495 Calle Tampico
La Quinta, California 92253
Regular Meeting
TUESDAY, MARCH 17, 2009
3:00 P.M. Closed Session / 4:00 P.M. Open Session
Beginning Resolution No. RA 2009-001
CALL TO ORDER
Roll Call:
Agency Board Members: Adolph, Franklin, Henderson, 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 March 17, 2009
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 PROPERTIES IDENTIFIED AS APNs: 649-
030-016, AND -017. PROPERTY OWNERS/NEGOTIATORS: DESERT CITIES
DEVELOPMENT, INC., MICHAEL SHOVLIN; AND VIP MOTORCARS, JERRY
JOHNSON.
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 MARCH 3, 2009.
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 MARCH 17, 2009.
2. RECEIVE AND FILE TREASURER'S REPORT DATED JANUARY 31, 2009.
3. RECEIVE AND FILE REVENUE & EXPENDITURES REPORT DATED JANUARY
31, 2009.
4. APPROVAL OF A CONTRACT AMENDMENT WITH RBF CONSULTING FOR
CIVIL ENGINEERING SERVICES FOR SILVERROCK RESORT, PHASE II
CLUBHOUSE.
002
Redevelopment Agency Agenda 2 March 17, 2009
5. ACCEPTANCE OF THE PM10 CONTROL AND TEMPORARY PARKING LOT
AT SILVERROCK RESORT, PROJECT NO. 2008-07.
BUSINESS SESSION
1. CONSIDERATION OF ALTERNATIVES FOR THE SILVERROCK RESORT
UNDEVELOPED PROPERTY.
A. MINUTE ORDER ACTION
2. CONSIDERATION OF A LETTER IN OPPOSITION OF SB 93 RELATING TO
THE USE OF REDEVELOPMENT FUNDS ON PUBLIC FACILITIES.
A. MINUTE ORDER ACTION
STUDY SESSION — NONE
CHAIR AND BOARD MEMBERS' ITEMS — NONE
PUBLIC HEARINGS — NONE
ADJOURNMENT
The next regular meeting of the Redevelopment Agency will be held on April 7,
2009, 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.
Redevelopment Agency Agenda 3 March 17, 2009 003
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 March
17, 2009, 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 March 13, 2009.
DATED: Mayeh 13, 2009
VERONICA J.PON-fEtINO, ty 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.
004
Redevelopment Agency Agenda 4 March 17, 2009
L/�U.tM127'' •
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COUNCIL/RDA MEETING DATE: March 17, 2009
ITEM TITLE: Demand Register Dated
March 17, 2009
RECOMMENDATION:
It is recommended the Redevelopment Agency Board:
Receive and File the Demand Register Dated
March 17, 2009 of which $6,058,581.52
represents Redevelopment Agency Expenditures
AGENDA CATEGORY:
BUSINESS SESSION
CONSENT CALENDAR
STUDY SESSION
PUBLIC HEARING
PLEASE SEE CONSENT CALENDAR ITEM NUMBER 1 ON CITY COUNCIL AGENDA
005
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OF
COUNCIL/RDA MEETING DATE: March 17, 2009
ITEM TITLE: Receive and File Treasurer's Report
as of January 31, 2009
RECOMMENDATION:
It is recommended the Redevelopment Agency Board:
Receive and file.
AGENDA CATEGORY:
BUSINESS SESSION: oo��
CONSENT CALENDAR: o°--
STUDY SESSION:
101:311Cal: IaM91a"
PLEASE SEE RELATED BUSINESS SESSION ITEM ON CITY COUNCIL AGENDA
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COUNCIL/RDA MEETING DATE: March 17, 2009
ITEM TITLE: Receive and File Revenue and Expenditure
Report for January 31, 2009
RECOMMENDATION:
Receive and File
BACKGROUND AND OVERVIEW:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR: 3
STUDY SESSION:
PUBLIC HEARING:
Receive and File the January 31, 2009 Statement of Revenue and Expenditures for the
La Quinta Redevelopment Agency.
Respectfully submitted,
(lC( John M. Falconer, Finance Director
Approved for submission by:
Thomas P. Genovese, Executive Director
Attachments: 1. Revenue and Expenditures Report, January 31, 2009
007
LA QUINTA REDEVELOPMENT AGENCY
REVENUE SUMMARY
PROJECT AREA NO. 1:
LOWIMODERATE 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 LOWIMOD TAX
DEBT SERVICE FUND:
Tax Increment
Allocated Interest
Non Allocated Interest
Interest - County Loan
Interest Advance Proceeds
Transfers In
TOTAL DEBT SERVICE
0710112008-0113112009 REMAINING %
BUDGET RECEIVED BUDGET RECEIVED
11,501,20000
4.892.43908
6,608,760.92
42.540%
53,00000
(24,298.05)
77,29805
45.850%
000
88829
(888.29)
0.000%
0.00
000
coo
0000%
000
0.00
000
0.000%
225,00000
143,711.00
81,289.00
63870%
150.00000
0.00
150,000.00
0.000%
000
0.00
0.00
0000%
0.00
603.34
(603 34)
0000%
000
0.00
000
0.000%
0.00
92,50000
(92,500,00)
0.000%
000
000
0.00
0.000%
11,929,20000
5,105,843.66
5823,356.34
42,800%
46,004,900.00
19,569,75627
26,435,14373
42.540%
173,600.00
121,244.73
52,35527
69.840%
0.00
000
0.00
0.000%
0.00
0.00
0.00
0.000%
000
0.00
0.00
0.000%
4,444,479.00
2,951541.56
1,49293744
66.410%
50,622,97900
22,642,54256
27,980,436.44
44.730%
CAPITAL IMPROVEMENT FUND - NON-TAXABLE
0.00
306.220.44
(306.220.44)
0.000%
Pooled Cash Allocated Interest
300.000.00
162,79406
137,205.94
54.260%
Non Allocated Interest
0.00
0.00
000
0000%
Developer Agreement Funding
3,894,600 00
000
3,894,600.00
0000%
Sale of Land Proceeds
0.00
0.00
0.00
0.000%
Rental Income
15,000,000 00
0.00
15,000,000 00
0,000%
Transfers In
TOTAL CAPITAL IMPROVEMENT
19,184 500.00
469,014.50
18,725,585 50
2 440%
LA QUINTA REDEVELOPMENT AGENCY
REVENUE SUMMARY
PROJECT AREA NO.2:
LOW/MODERATE TAX FUND:
Tax Increment
Allocated Interest
Non Allocated Interest
Developer funding
Vista Dunes MHP Rental Rev
2nd Trust Deed Repayment
ERAF Shift - Interest
Sale of Land
MireBores Note Repayment
Transfer In
TOTAL LOWIMOD TAX
2004 LOWIMODERATE BOND FUND:
Allocated Interest
Home Sale Proceeds
Non Allocated Interest
Transfer In
TOTAL LOWIMOD BOND
DEBT SERVICE FUND
Tax Increment
Allocated Interest
Non Allocated Interest
Interest Advance Proceeds
Transfer in
TOTAL DEBT SERVICE
CAPITAL IMPROVEMENT FUND:
Allocated Interest
Non Allocated Interest
Sale of lend
Transfers In
TOTAL CAPITAL IMPROVEMENT
0710112008. 0113112009 REMAINING %
BUDGET RECEIVED BUDGET RECEIVED
5,872,700.00
2,793,08827
3,079,61173
47.560%
300.500.00
164,74140
215,758.60
43.300%
0.00
0.00
000
0.000%
0.00
0.00
000
0.000%
0.00
0.00
0.00
0.000%
0.00
40,458 25
(40,458 25)
0.000%
0.00
0.00
000
0.000%
000
000
0.00
0.000%
0.00
0.00
0.00
0.000%
o.00
000
000
0000%
6,253.200.00
2,998,28792
3,254,91208
47.950%
0.00
0.00
000
0.000%
000
000
0.00
0.000%
102,00000
159.705.05
(57,705.05)
156.570%
000
000
000
0000%
102 000 00
159 705 OS
(57,705 0,5)
156.570%
23,490,800.00
11,172,353.13
12,318,446.87
47.560%
000
155,687.72
(155.687.72)
0.000%
000
0.00
000
0.000%
0.00
0.00
0.00
0.000%
1953,59800
1,247,937.28
70$,660.72
63.880%
25,444,39800
14575197813
12,888,41987
49.430%
84,00000
24,94604
59,053.96
29.700%
000
000
000
0.000%
0.00
0.00
000
0,000%
000
000
001)
0.000%
54,00000
24,946.04
59,05396
29.700%
008
2
07/01/2008 - 01/31/2009
ELA XPENDITURE
REDEVELOPMENT AGENCY ADJUSTED REMAINING
EXPENDITURE SUMMARY BUDGET EXPENDITURES ENCUMBERED BUDGET
PROJECT AREA NO. 1:
LOW/MODERATE TAX FUND:
PERSONNEL
0.00
13033.9
SERVICES
8:369.00
328,360.00
5.07
215,33000
0.00
000
113,033.93
0.00
BUILDING HORIZONS
LQ RENTAL PROGRAM
0.00
275,000 00
000
113,498.59
000
161,501.41
2nd TRUST DEED PROGRAM
000
0.00
000
0.00
0.00
000
000
BUILDING HORIZONS
LAND ACQUISITION
0.00
4,371,45300
4,130,708.50
0.00
240,744.50
LOW MOD HOUSING PROJECTS
000
400,00000
0.00
189,411.73
000
000
0.00
210,58827
FORECLOSURE
REIMBURSEMENT TO GEN FUND
706,271 00
411,992.63
000
0.00
294,278.37
1,492,937.14
TRANSFERS OUT
4444,47900
951
2,,541.56
TOTAL LOW/MOD TAX
DEBT SERVICE FUND:
SERVICES
403200.00
487,92840
0.00
(84,728.40)
BOND PRINCIPAL
2960:000.00
7:330,18900
2,960,000 00
3,709,24513
000
0.00
0.00
3,620,943.87
BONDINTEREST
INTEREST CITY ADVANCE
1,020,000 00
595,000.00
000
425,000 00
PASS THROUGH PAYMENTS
25,404,680.00
9,510,571.57
000
15,894,108 43
ERAF SHIFT
TRANSFERS OUT
000
18,968,396 00
0.00
2153300.85
0.00
0.00
000
16,432 705.15
2905
TOTAL DEBT SERVICE
CAPITAL IMPROVEMENT FUND:
PERSONNEL
SERVICES
LAND ACQUISITION
ASSESSMENT DISTRICT
ADVERTISING -ECONOMIC DEV
ECONOMIC DEVELOPMENT
BOND ISSUANCE COSTS
CAPITAL - BUILDING
REIMBURSEMENT TO GEN FUND
TRANSFERS OUT
TOTAL CAPITAL IMI
LA QUINTA REDEVELOPMENT AGENCY
EXPENDITURE SUMMARY
PROJECT AREA NO. 2:
i10000
0.00
000
1,100.00
935:215.00
369,826 76
000
565,388 24
0.00
000
000
0.00
0.00
000
000
0.00
000
0.00
0.00
0.00
000
0.00
0.00
0.00
000
000
0.00
0.00
9,000.00
000
000
9,000.00
294,883.00
172,015 69
000
122,867 31
co c11 c1c nn
1 071 53n nR
000
57.550,284.92
07/01/2008 - 01/31/2009
ADJUSTED REMAINING
BUDGET EXPENDITURES ENCUMBERED BUDGET
LOWIMODERATE TAX FUND:
700.00
000
000
700.00
PERSONNEL
SERVICES
512,828.00
326,977.10
0.00
185,850.90
2ND TRUST DEEDS
0.00
0.00
0.00
2,275.00
0.00
000
0.00
(2,275.00)
LOW MOD HOUSING PROJECTS
FORECLOSURE ACQUISITION
100,000.00
000
000
100,00000
VISTA DUNES PARK
50,000 00
0.00
0.00
0.00
50,000.00
000
LANDACQUISITION
REIMBURSEMENT TO GEN FUND
0.00
0.00
150,251.13
TRANSFERS OUT
g311,00900
978,7152 74.97
0.00
30.00
TOTAL LOW/MOD TAX
2004 LOWIMODERATE BOND FUND
HOUSING PROGRAMS 3,052,800.00 1,787,00000 0.00 1,265,800.00
LAND 0.00 000 0.00 0.00
TRANSFERS OUT 12,380,202.00 8,509,9" 5' 000 2,880,242 50
TOTAL LOWIMOD BOND
DEBT SERVICE FUND:
SERVICES
208,300.00
262,806.80
0.00
(53,506.80)
BOND PRINCIPAL
115,000.00
305,18400
115,000.00
153,871.25
000
000
0.00
151,312.75
BONDINTEREST
INTEREST CITY ADVANCE
1658,52800
966,308.00
000
690,22000
PASS THROUGH PAYMENTS
19:248,78700
4,757,104.12
000
100
14,491,662.88
705,660.72
TRANSFERS OUT
1,953,598.00
1,247,937.28
coo
TOTAL DEBT SERVICE
CAPITAL IMPROVEMENT FUND:
700.00
000
0.00
700.00
PERSONNEL
SERVICES
286,413.00
127,06402
0.00
159,348.98
CAPITAL
ECONOMIC DEVELOPMENT ACTIVITY
0.00
0.00
000
0.00
0.00
0.00
000
0.00
REIMBURSEMENT TO GEN FUND
60,741.00
35,432.81
0.00
25,308.19
59,060.39
TRANSFERS OUT
397261.00
338,200.61
0.00
TOTAL CAPITAL IMPROVEMENT
009
3
F.
cF`y OF TK4'O
COUNCIL/RDA MEETING DATE: March 17, 2009
ITEM TITLE: Approval of a Contract Amendment
with RBF Consulting for Civil Engineering Services for
SilverRock Resort, Phase II Clubhouse
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Approve an amendment to the Professional Services Agreement with RBF
Consulting to provide additional civil engineering services in an amount not -to -
exceed $15,000 and authorize the Executive Director to execute the amendment.
FISCAL IMPLICATIONS:
The SilverRock Resort Clubhouse is included in the 2008-2009 Capital
Improvement Program. Professional Services Agreement (PSA) Amendment No. 4
is included as Attachment 1. The Amendment is in an amount not -to -exceed
$15,000, and will be charged to the "Engineering" category of the SilverRock
Resort Clubhouse project, account number 401-1774-551.35-07.
BACKGROUND AND OVERVIEW:
By way of background, on August 1, 2006, the Agency Board approved a
professional services agreement ("PSA") with RBF Consulting in the amount of
$602,200 to provide initial civil engineering services for the SilverRock Resort,
Phase II project, primarily related to infrastructure design.
On May 15, 2007, the Agency Board approved a PSA Amendment No. 1 in the
amount of $942,950 to RBF Consulting for additional engineering services, which
were not included in the Professional Services Agreement dated August 1, 2006
but were anticipated and required for the permanent clubhouse, the second golf
course, the passive park, aerial mapping, site hydrology, technical services, etc.
010
On September 18, 2007, the Agency Board approved PSA Amendment No. 2 in
the amount of $27,100 for additional engineering services related to the design of
SilverRock Way and the Hotel Drive Street Improvement Plans; the Water
Improvement Plans; and the Sewer Improvement Plans.
On December 4, 2007, the Agency Board approved PSA Amendment No. 3 in the
amount of $53,100 for additional engineering services related to design of the
clubhouse site electrical; additional clubhouse site geotechnical investigation;
electrical connections for the future golf course; electrical connections for street
and trail lighting; and CVWD-required water and sewer plans for future local streets
"A" and "B" (adjacent to the northeast corner open space area).
PSA Amendment No. 4 is for structural design drawings and supporting
calculations for clubhouse site retaining walls. The scope of this work was
dependent on the results of the clubhouse site geotechnical investigation performed
as part of PSA Amendment No. 3, as well as Agency Board approval of the
clubhouse site and landscape plans, which occurred on January 20, 2009.
FINDINGS AND ALTERNATIVES:
The alternatives available to the Agency Board include:
1. Approve an amendment to the Professional Services Agreement with RBF
Consulting to provide additional civil engineering services in an amount not -
to -exceed $15,000 and authorize the Executive Director to execute the
amendment; or
2. Do not approve an amendment to the Professional Services Agreement with
RBF Consulting to provide additional civil engineering services in an amount
not -to -exceed $15,000: or
3. Provide staff with alternative direction.
submitted,
Douglas R.,Kans,
Assistant City Manager -Development Services
011
Approved for submission by:
Thomas P. Genovese, Executive Director
Attachment: 1. RBF Consulting Contract Amendment #4
012
ATTACHMENT 1
`&t1t 4ZPQu:.rw
PROFESSIONAL SERVICES AGREEMENT
AMENDMENT NO.4
PROJECT: SilverRock Resort, Phase II Civil Engineering Services
CONSULTANT: RBF Consulting
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 civil engineering services related to structural engineering design for site retaining walls at the
SilverRock Resort Clubhouse.
Previous Contract Amount
$602,200
Amendment No. 1
$942,950
Amendment No. 2
$27,100
Amendment No. 3
$53,100
Amendment No. 4
$15,000
Revised Contract Total
$1,640,350
•raaxx:xrwr�:*r*��«�x*,t«��,t*r**««xxxt��:**xx**�:*tx**��****x,r+x***a*,rx�***«a,rx**ta:xxxx,t++xx��x*�+
Submitted
Approved By: Date:
We, the undersigned Consultant, havegiven careful consideration to the changeproposed 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.do 013
MEMORANDUM
To: Debbie Powell, City of La Quinta
From: Brad Donais, RBF Consulting
Date: 2125/09
Subject: Site Retaining Walls for SilverRock Clubhouse, La Quinta
Structural Engineering Design - Scope of Services and Fee
JN 20100784.001
As requested, please find the detailed scope of work and fess for the design of site retaining walls
for this project.
The total fee ($15,000) is itemized for each of the tasks noted below:
Description of Project:
The reference drawings used for this proposal is a colored exhibit provided by Project Dimensions
showing the site plan and various walls. The retaining walls shown in Yellow, indicated as HAS
walls are the subject of this proposal. It is understood by that the Landscape Architect (HAS) will
provide information related to the wall finishes, handrail types, colors and locations.
The proposed design indicates the walls will be constructed of concrete masonry units (CMU) and
retain up to 10 ft. of earth with screen walls and fences above.
Additionally structural details for concrete stairs on grade, fountain base, event lawn feature, and
the small trellis over the entry to cart staging are included.
RBF will prepare the structural design drawings and supporting calculations for the proposed
retaining walls by performing the following tasks:
Task 1. Structural Plans and Details
RBF structural engineers will prepare drafted (AutoCad) structural sections and details for the
design of the retaining walls, fences and handrails. Elevations related to Top of footing, Top of wall,
and finish grades will be provided on the Civil Engineering drawings. The anticipated structural
drawings for this project prepared by RBF will include:
S-1 General Structural Notes and Typical Structural Details
S-2 Wall Sections No. 1
S-3 Wall Sections No 2 and Miscellaneous Details
Fee: $ 8,500.
Task 2. Structural Calculations
RBF structural engineers will prepare calculations for the design of retaining walls based on the
recommendations and design parameters in the Project Geotechnical Report (provided by the
Client) and the requirements of the 2007 California Building Code. The calculations will be in 8 % x
H:\PDATA\20100784VAdmin\contract\AWR Structura REV_022509AM
014
11 format suitable for plan check review by the Building Department. RBF will respond to
comments by the plan checker.
Fee: $ 4,500.
Task 3. Coordination with Design Team
RBF will coordinate the structural design with the landscape architect, geotechnical engineer, and
RBF project civil engineer regarding the design of the walls. Conference calls and project meeting
attendance is included in this task with a budget of 12 hours.
Fee: $ 1,500.
Task 4. Structural Specifications:
It is our understanding that the Architect for the Project will be preparing specifications for the
materials used for the retaining walls. RBF will review the sections of the Project Specifications as
they relate to the materials and construction of the retaining walls, and provide relined comments
to the Architect for editing the specifications. We understand Quantities and Construction Cost
Estimates are not required for this project. Specific material requirements will be in the form of
notes on the structural drawing (S-1) prepared by RBF.
Fee: $ 500.
Exclusions: This proposal is limited to the structural engineering design of the project and does
not address work related to other engineering disciplines, nor does it address the work that may be
required during construction of the project. Work related to the following items are specifically
excluded under this scope of work:
1. Electrical, lighting and architectural requirements.
2. Review of submittals by the Contractor during the construction of the work (i.e. concrete mix
designs, pole designs, reinforcing steel shop drawings, products, etc.)
3. Site Visits to review work during construction.
4. Cost Estimates and Quantity Calculations
Allowance for reproduction should be added as reimbursable costs and is not included in this
proposal.
H:\PDATA\20100784\Admin\contract\AW R Structura REV_022509.dw
n15
ceww 4 lwQumrw
COUNCIL/RDA MEETING DATE: March 17, 2009
ITEM TITLE: Acceptance of the PM10 Control and
Temporary Parking Lot at SilverRock Resort, Project No.
2008-07
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION: r
CONSENT CALENDAR: J
STUDY SESSION:
PUBLIC HEARING:
Accept the PM10 Control and Temporary Parking Lot at SilverRock Resort, Project No.
2008-07 as 100% complete; authorize the City Clerk to file a Notice of Completion
with the Office of the County Recorder; and authorize staff to release retention in the
amount of $30,531.80 thirty-five (35) days after the Notice of Completion is recorded.
FISCAL IMPLICATIONS:
The following is a budget summary:
Original Contract $305,318.00
Amount paid to date-$274,786.20
Remaining Fiscal Commitment $30,531.80
Retention To Be Billed 35 Days After Recordation-30,531.80
Amount Remaining to Be Billed $0
The Fiscal Year 2008/2009 Operating Budget (Account No. 405-9001-702.32-15)
includes $400,000 for the PM10 Maintenance at SilverRock Resort.
BACKGROUND AND OVERVIEW:
The SilverRock Resort consists of 520 acres. Approximately 290 acres of the property
remain undeveloped. From the beginning of construction, PM10 measures have been
in place for dust control and Air Quality Management District (AQMD) compliance by
the Agency and various contractors working on the project. Since golf course
construction was completed in 2005, the Agency has been responsible for overall dust
control at SilverRock.
On September 6, 2005, City Council approved the SilverRock Resort Soil Stabilization,
Project No. 2002-07M to include a combination of vegetative stabilization, water truck
service, and chemical stabilization. This option gave the greatest flexibility for future
development of SilverRock Resort while providing cost effective dust control to the
site.
On March 29, 2006, a Notice to Proceed was issued to Precision Landleveling for the
planting of vegetative stabilization (barley and Sudan grass). The original contract
amount was $185,000. Three Contract Change Order's were approved for additional
work including: clearing additional weeds and debris on the property along Jefferson
Street (CCO #1), plowing costs and additional Sudan grass seed (CCO #2), and
removing the tamarisk trees from around the village lakes and mowing the property
along the west side of Jefferson Street (CCO #3). The final revised contract amount
with Contract Change Order Nos. 1 through 3 is $225,292. The Agency accepted the
completion of Project 202-07M on September 19, 2006.
On October 12, 2007, a contract (Project No. 2007-14) was awarded for the
vegetative stabilization of approximately 40 acres located at the northwest corner of
SilverRock. It was also utilized as a Temporary Parking Lot, as per the June 6, 2007
Amended Use Agreement between Desert Classic Charities, The Bob Hope Chrysler
Classic, and the City of La Quinta. The City Council also adopted a Resolution Making
Certain Findings Pursuant to Health and Safety Code Section 33445(a) on October 16,
2007.
In December 2007, over 130,000 tons of top soil was imported onto the SilverRock
property from the Vista Dunes project. The imported material will be needed for the
future development of the SilverRock site. The imported soil was stabilized with a six-
month chemical stabilization, but the material caused an infestation of tumble weeds.
Planting vegetative stabilization provides long term effectiveness and cost savings over
chemical stabilization. Additionally, vegetative stabilization helps reduce the
infestation of unwanted weeds such as tumble weeds. Even with vegetative
stabilization, chemical stabilization will need to continue for the engineered building
pads and perimeter slopes.
On September 16, 2008, the Agency awarded a contract (Project No. 2008-07) to
Natures Image for the PM10 Control and Temporary Parking Lot at SilverRock Resort.
The project provided the vegetative stabilization of approximately 163 acres and the
removal of tumbleweeds throughout the property at SilverRock. The 40 acres of
property located on the Northeast corner was utilized as a Temporary Parking Lot, as
per the June 6, 2007 Amended Use Agreement between Desert Classic Charities, The
Bob Hope Chrysler Classic, and the City of La Quinta. The City Council also adopted a
Resolution Making Certain Findings Pursuant to Health and Safety Code Section
33445(a) on September 16, 2008.
The Project was completed on March 10, 2009.
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FINDINGS AND ALTERNATIVES:
The alternatives available to the Agency include:
1. Accept the PM10 Control and Temporary Parking Lot at SilverRock Resort,
Project No. 2008-07 as 100% complete; authorize the City Clerk to file a Notice
of Completion with the Office of the County Recorder; and authorize staff to
release retention in the amount of $30,531 .80 thirty-five (35) days after the
Notice of Completion is recorded; or
2. Do not accept the PM10 Control and Temporary Parking Lot at SilverRock
Resort, Project No. 2008-07 as 100% complete; do not authorize the City Clerk
to file a Notice of Completion with the Office of the County Recorder; and do
not authorize staff to release retention in the amount of $30,531.80 thirty-five
(35) days after the Notice of Completion is recorded; or
3. Provide staff with alternative direction.
Respectfully submitted,
r:-: - 4&
Edie Hylton
Community Services Director
Approved for submission by:
Thomas P. Genovese, Executive Director
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COUNCIL/RDA MEETING DATE: March 17, 2009
ITEM TITLE: Consideration of Alternatives for the
SilverRock Resort Undeveloped Property
RECOMMENDATION:
As deemed appropriate by the Agency.
FISCAL IMPLICATIONS:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Current management and maintenance for the undeveloped SilverRock property is
funded through the Redevelopment Agency (Account No. 401-9001-702.32-15).
$400,000 is budgeted in this account for Fiscal Year 2008/2009.
BACKGROUND AND OVERVIEW:
SilverRock Resort consists of 520 acres. Approximately 290 acres of the property
remain undeveloped and under the Agency's ownership. From the beginning of
construction, PM-10 measures have been in place for dust control and Air Quality
Management District (AQMD) compliance by the Agency and various contractors
working on the project. The Agency is responsible for the overall dust control on the
portions of SilverRock under its ownership.
In 2005, staff worked closely with AQMD to determine the best options to stabilize
the undeveloped property. The options included water truck service, chemical
stabilization, vegetative stabilization (at AQMD's suggestion), and contracting the
property for agricultural use. Staff contacted local sod producers about the potential
use of the undeveloped property at SilverRock. These sod producers declined the offer
due to the inability to provide a long-term contract because of the pending
development of the second golf course and hotels.
On September 6, 2005, the Agency approved the SilverRock Resort Soil Stabilization,
Project No. 2002-07M to include a combination of vegetative stabilization, water truck
service, and chemical stabilization. This option gave the greatest flexibility for future
development of SilverRock while providing cost effective dust control to the site.
Planting vegetation for stabilization of the property provides long-term effectiveness
019
and is a "Green" alternative to chemical stabilization. Even with vegetative
stabilization, chemical stabilization is still necessary for certain areas such as the
engineered building pads and perimeter slopes. Bids were received for the vegetative
stabilization and the Agency awarded a contract to Precision Landleveling. A
combination of Barley and Sudan grass was planted throughout the property. The final
contract amount was $225,292.
In December 2007, over 130,000 tons of top soil was imported onto the SilverRock
property from the Vista Dunes project. The imported material was free and will be
needed for the future development of the SilverRock site. The imported soil was
stabilized with a six-month chemical stabilization, but the material caused an
infestation of tumbleweeds.
Per the Agency's request, staff is researching options for long-term PM-10 control at
SilverRock. Continual water truck service is required by AQMD.
For Fiscal Year 2009/2010, 60 acres of development pads and perimeter slopes need
to be chemically stabilized, 70 acres located on the southeast section of the property
need to be stabilized chemically or with vegetation, and the 40 acre temporary parking
lot needs to be available for the Bob Hope Chrysler Classic in January 2010.
Options to the Agency for the undeveloped property at SilverRock include:
Option 1.
Chemically stabilize 60 acres with two six-month applications
Plant Barley or Sudan grass on 70 acres
Replant (Rye Grass) 40 acres of temporary parking lot with temporary
irrigation
Water truck service
The annual cost for Option 1 =
Option 2.
Chemically stabilize 60 acres with two six-month applications
Chemically stabilize 70 acres with two six-month applications
Replant (Rye Grass) 40 acres of temporary parking lot with temporary
irrigation
Water truck service
The annual cost for Option 2 =
$42,000
$56,000
$80,000
$76,800
$254,800
$42,000
$49,000
$80,000
$76,000
$247,000
020
Option 3.
Chemically stabilize 60 acres with two six-month applications
$42,000
Plant Barley or Sudan grass on 70 acres
$56,000
Plant Bermuda grass on 40 acres of temporary parking lot
(one time cost)
$87,000
Install permanent irrigation system on 40 acres of temporary
parking lot (one time cost)
$225,000
Maintain the temporary parking lot annually (permanent irrigation,
labor, water, electricity, winter over -seeding, and three fertilizer
applications)
$52,000
Water truck service
$76,000
The Fiscal Year 2009/2010 cost for Option 3 =
$538,000
The annual cost for Option 3 after Fiscal Year 2009/2010 =
$226,000
Option 4.
Chemically stabilize 60 acres with two six-month applications
$42,000
Chemically stabilize 70 acres with two six-month applications
$49,000
Plant Bermuda grass on 40 acres of temporary parking lot
(one time cost)
$87,000
Install permanent irrigation system on 40 acres of temporary
parking lot (one time cost)
$225,000
Maintain the temporary parking lot annually (permanent irrigation,
labor, water, electricity, winter over -seeding, and three fertilizer
applications)
$52,000
Water truck service
$76,000
The Fiscal Year 2009/2010 cost for Option 4 =
$531,000
The annual cost for Option 4 after Fiscal Year 2009/2010 =
$219,000
Option 5.
Replant (Rye Grass) 40 acres of temporary parking lot with temporary
Irrigation $80,000
Contract farming of undeveloped property (AQMD Exempt); Irrigation
coverage provided over entire undeveloped property; and Sudan grass
grown year-round on the areas not being farmed. $195,000
The annual cost for Option 5 = $275,000
021
Option 6.
Plant Bermuda grass on 40 acres of temporary parking lot
(one time cost)
$87,000
Install permanent irrigation system on 40 acres of temporary
parking lot (one time cost)
$225,000
Contract farming of undeveloped property (AQMD Exempt); Irrigation
coverage provided over entire undeveloped property; and Sudan grass
grown year-round on the areas not being farmed.
$195,000
Maintain the temporary parking lot annually (permanent irrigation,
labor, water, electricity, winter over -seeding, and three fertilizer
applications)
$52,000
The Fiscal Year 2009/2010 cost for Option 6 =
$559,000
The annual cost for Option 6 after Fiscal Year 2009/2010 =
$247,000
FINDINGS AND ALTERNATIVES:
The alternatives available to the Agency include:
1. Approve one of the 6 options provided by staff; or
2. Do not approve one of the 6 options provided by staff; or
3. Provide staff with an alternative direction.
Respectfully submitted,
Edie Hylton
Community Services Director
Approved for submission by:
Thomas P. Genovese, Executive Director
022
T4tr4rwQ"
COUNCIL/RDA MEETING DATE: March 17, 2009
ITEM TITLE: Consideration of a Letter in Opposition of
SB 93 Relating to the Use of Redevelopment Funds on
Public Facilities
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Authorize Chairman Kirk to submit a letter in opposition to SB 93 relating to the use of
redevelopment funds on public facilities.
FISCAL IMPLICATIONS:
If SB 93 were to pass, it would have a significant fiscal impact on the City and the
Redevelopment Agency. It would create certain limitations on the future use of
redevelopment funds for public facilities.
BACKGROUND AND OVERVIEW:
Currently, the Community Redevelopment Law allows a redevelopment agency to pay
for the land and the cost of the installation and construction of any building, facility,
structure, or other improvement that is publicly owned, either within or outside of the
project area, if the Agency first makes specified findings under Health and Safety Code
Section 33445. The determinations by the Agency and the City Council are deemed
to be final and conclusive. That is, they cannot be challenged. This bill would require
a redevelopment agency to make specified findings relating to blight, based on
substantial evidence in the record, before the Agency could expend redevelopment
funding on the land or public improvements. Among other findings, the Agency and
the City Council would have to find:
(1) Significant blight remains within the project area.
023
(2) The blight cannot be eliminated without the acquisition of the land or the
installation and construction of the building, facility, structure, or other
improvement that is publicly owned.
Senator Christine Kehoe authored SB 93. It is being proposed in response to a specific
situation in San Diego, but would have a significant impact on the activities of the La
Quinta Redevelopment Agency.
SB 93 arises out of a dispute in San Diego where tax increment will be shifted from a
project area to build a parking structure and improvements associated with a light rail
line more than 10 miles from the project area. However, as currently drafted, SB 93
would impose new, expensive, and time-consuming mandates on all redevelopment
project areas for spending on public facilities inside as well as outside of project areas.
The California Redevelopment Association ("CRA") urges its members to oppose SB
93 as it is currently drafted. The bill was recently approved by the Senate Local
Government Committee, 5-0, without the amendments CRA had recommended that
would address only the situation Senator Kehoe has cited as the reason for introducing
her bill. The bill is expected to be passed by the Senate shortly, possibly by the time
of the Agency Board meeting. Staff will provide an update at the meeting regarding
whether the Senate has acted on the bill.
A draft of a proposed opposition letter is Attachment 1. The current version of the bill
is Attachment 2.
FINDINGS AND ALTERNATIVES:
The alternatives available to the Agency Board include:
1. Authorize Chairman Kirk to Submit a letter in opposition to SB 93 relating to
the use of redevelopment funds on public facilities; or
2. Do not authorize Chairman Kirk to Submit a letter in opposition to SB 93
relating to the use of redevelopment funds on public facilities; or
3. Provide staff with alternative direction.
024
Respectfully submitted,
t
e� -
Douglas R. vans
Assistant City Manager — Development Services
Approved for submission by:
Thomas P. Genovese, Executive Director
Attachments: 1. Proposed letter in opposition to SB 93
2. Senate Bill No. 93
025
March 17, 2009
Senator Christine Kehoe
State Capitol, Room 4038
Sacramento, CA 95814
RE: SB 93 (Kehoe) Redevelopment: Payment for Land or Buildings
Notice of OPPOSITION
Dear Senator Kehoe
The La Quinta Redevelopment Agency is strongly opposed to SB 93. This bill
mandates agencies to constantly remake findings of blight in project areas in order
to spend money on a public facility. They will also have to certify that the specific
public facility will remove blight. Often, a public facility is simply one component of
an overall program designed to eliminate blight. To require new blight surveys and
studies would be time-consuming and very expensive. Such studies commonly cost
tens or hundreds of thousands of dollars. In addition, SB 93 would allow blight
findings to be subject to litigation, which would subject projects to potentially
expensive delays and legal fights. In Riverside County, our courts are already
overburdened with criminal cases; civil cases often cannot get to trial for five years.
This could severely impact an agency's ability to provide for public facilities at a
time when other sources of municipal revenue are vanishing.
As drafted, SB 93 would impact the City of La Quinta and the La Quinta
Redevelopment Agency negatively; it will greatly impede the Agency's ability to
fund vital community and economic development projects. For the past twenty
years, the La Quinta Redevelopment Agency has funded projects which have
allowed the City to eliminate blight, enhance the local economy, and create jobs.
These projects include: flood control improvements within a blighted neighborhood;
infrastructure projects which have facilitated revenue -generating development; a
community museum with educational facilities; library; handicap access ramps
throughout the City; and other vital projects.
Additionally, SB 93 comes at a time when the state and the nation are getting hit
hard economically and fiscally as demonstrated by local governments experiencing
severe budgetary concerns. SB 93 will severely hinder future redevelopment
projects, and would have an adverse effect on the local economy.
For these reasons, the La Quinta Redevelopment Agency and City of La Quinta are
opposed to SB 93. Should you have any questions, please do not hesitate to
contact me at 760-777-7030.
Sincerely,
Tom Kirk, Chairman
On Behalf of the La Quinta Redevelopment Agency Board
026
ATTACHMENT 2
SENATE BILL No. 93
Introduced by Senator Kehoe
January 22, 2009
An act to amend Section 33445 of the Health and Safety Code,
relating to redevelopment.
LEGISLATIVE COUNSEL'S DIGEST
SB 93, as introduced, Kehoe. Redevelopment: payment for land or
buildings.
The Community Redevelopment Law requires a redevelopment
agency to make specified findings if the agency pays all or a part of the
value of the land for and the cost of the installation and construction of
any building, facility, structure, or other improvement that is publicly
owned either within or without the project area. These determinations
by the agency and the local legislative body are final and conclusive.
An agency is authorized to enter into a contract with the community or
other public corporation when the value of the land or the cost of the
installation and construction of the building, facility, structure, or other
improvement, or both, has been, or will be, paid or provided for initially
by the community or other public corporation, and the agency agrees
to reimburse, the community or other public corporation. An agency
may contract with the community when the land has been or will be
acquired by, or the cost of the installation and construction of the
building, facility, structure, or other improvement has been paid by, a
parking authority, joint powers entity, or other public corporation to
provide a building, facility, structure, or other improvement that has
been or will be leased to the community.
This bill would require a redevelopment agency to make specified
findings, based on substantial evidence in the record, if the agency pays
all or a part of the value of the land for and the cost of the installation
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SB 93 — Z —
and construction of any building, facility, structure, or other
improvement that is publicly owned either within or without the project
area. These findings would not be final and conclusive. An agency
would no longer be authorized to enter into a contract with a public
corporation other than the community for the value of the land or the
cost of the installation and construction of the building, facility,
structure, or other improvement, or both. The bill would provide that
an agency may contract with the community prior to January 1, 2009,
when the land has been or will be acquired by, or the cost of the
installation and construction of the building, facility, structure, or other
improvement has been paid by, a parking authority, joint powers entity,
or other public corporation to provide a building, facility, structure, or
other improvement that has been or will be leased to the community.
Vote: majority. Appropriation: no. Fiscal committee: no.
State -mandated local program: no.
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The people of the State of California do enact as follows:
SECTION 1. Section 33445 of the Health and Safety Code is
amended to read:
33445. (a) Notwithstanding Section 33440, an agency may,
with the consent of the legislative body, pay all or a part of the
value of the land for and the cost of the installation and construction
of any building, facility, structure, or other improvement that is
publicly owned either within or without the project area, if the
legislative body -determines finds, based on substantial evidence
in the record, all of the following:
the improvement is within another projelt area, or in the eas
owned that the improvement is of bettefit to an adjtteetit projeet
area ofthe aganer.
(1) Significant blight remains within the project area.
(2) The blight cannot be eliminated without the acquisition of
the land or the installation and construction ofthe building, facility,
structure, or other improvement that is publicly owned.
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(3) That no other reasonable means of financing the buildings,
facilities, structures, or other improvements, are available to the
community, including, but not limited to, general obligation bonds,
revenue bonds, special assessment bonds, and bonds issued
pursuant to the Mello -Roos Community Facilities Act of 1982
(Chapter 2.5 (commencing with Section 53311) of Part I of
Division 2 of Title 5 of the Government Code).
(4 That the payment of funds for the acquisition of land or the
cost of buildings, facilities, structures, or other improvements -Will
assist in the elimittation of one or tnere b b
persons an that are publicly owned is consistent with the
implementation plan adopted pursuant to Section 33490.
(b) The
, acquisition
of-prepertp land and the installation or construction of each
building facility, structure, or improvement that is publicly owned
shall be provided for in the redevelopment plan.-:4-redevelopment
age
y
(c) An agency shall not pay for the normal maintenance or
operations of buildings, facilities, structures, or other improvements
that are publicly owned. Normal maintenance or operations do not
include the construction, expansion, addition to, or reconstruction
of, buildings, facilities, structures, or other improvements that are
publicly owned otherwise undertaken pursuant to this section.
(d (1) When the value of the land or the cost of the installation
and construction of the building, facility, structure, or other
improvement, or both, has been, or will be, paid or provided for
initially by the community the agency
may enter into a contract with the community-or-o4te - ublie
to reimburse the community -or
for all or part of the value of the land or
all or part of the cost of the building, facility, structure, or other
improvement, or both, by periodic payments over a period of years.
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(2) The obligation of the agency under the contract shall
constitute an indebtedness of the agency for the purpose of carrying
out the redevelopment project for the project area, which and the
indebtedness may be made payable out of taxes levied in the project
area and allocated to the agency under subdivision (b) of Section
33670 or out of any other available funds.
(e) In Prior to January 1, 2009, in a case where the land has
been or will be acquired by, or the cost of the installation and
construction of the building, facility, structure, or other
improvement has been paid by, a parking authority, joint powers
entity, or other public corporation to provide a building, facility,
structure, or other improvement that has been or will be leased to
the community, the contract may be made with, and the
reimbursement may be made payable to, the community.
(f) With respect to the financing, acquisition, or construction
of a transportation, collection, and distribution system and related
peripheral parking facilities, in a county with a population of
4,000,000 persons or more, the agency shall, in order to exercise
the powers granted by this section, enter into an agreement with
the rapid transit district that includes the county, or a portion
thereof, in which agreement the rapid transit district shall be given
all of the following responsibilities:
(1) To participate with the other parties to the agreement to
design, determine the location and extent of the necessary
rights -of -way for, and construct, the transportation, collection, and
distribution systems and related peripheral parking structures and
facilities.
(2) To operate and maintain the transportation, collection, and
distribution systems and related peripheral parking structures and
facilities in accordance with the rapid transit district's outstanding
agreements and the agreement required by this paragraph.
(g) (1) Notwithstanding any other authority granted in this
section, an agency shall not pay for, either directly or indirectly,
with tax increment funds the construction, including land
acquisition, related site clearance, and design costs, or rehabilitation
of a building that is, or that will be used as, a city hall or county
administration building.
(2) This subdivision shall not preclude an agency from making
payments to construct, rehabilitate, or replace a city hall if an
agency does any of the following:
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I (A) Allocates tax increment funds for this purpose during the
2 1988-89 fiscal year and each fiscal year thereafter in order to
3 comply with federal and state seismic safety and accessibility
4 standards.
5 (B) Uses tax increment funds for the purpose of rehabilitating
6 or replacing a city hall that was seriously damaged during an
7 earthquake that was declared by the President of the United States
8 to be a natural disaster.
9 (C) Uses the proceeds of bonds, notes, certificates of
10 participation, or other indebtedness that was issued prior to January
11 1, 1994, for the purpose of constructing or rehabilitating a city
12 hall, as evidenced by documents approved at the time of the
13 issuance of the indebtedness.
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