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2010 11 02 CCE2kktl 4( #1 �,4 � : : A t OMEL#=t City Council agendas are available on the City's web page @ www.la-quinta.org CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS 78-495 Calle Tampico La Quinta, California 92253 Regular Meeting TUESDAY, NOVEMBER 2, 2010 DUE TO THERE BEING NO CLOSED SESSION SCHEDULED, THE CITY COUNCIL WILL CONVENE AT 4:00 P.M. Beginning Resolution No. 2010-065 Ordinance No. 483 CALL TO ORDER Roll Call: Council Members: Evans, Franklin, Henderson, Sniff, and Mayor Adolph PLEDGE OF ALLEGIANCE PUBLIC COMMENT At this time, members of the public may address the City Council on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. CLOSED SESSION - NONE CONFIRMATION OF AGENDA City Council Agenda 1 November 2, 2010 t1U1 PRESENTATIONS — NONE WRITTEN COMMUNICATIONS — NONE APPROVAL OF MINUTES APPROVAL OF MINUTES OF OCTOBER 19, 2010. 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 NOVEMBER 2, 2010. 2. APPROVAL TO EXCUSE INVESTMENT ADVISORY BOARD MEMBER FRANK BLUM'S ABSENCE FROM THE NOVEMBER 9, 2010, JOINT MEETING WITH THE CITY COUNCIL AND THE NOVEMBER 10, 2010, INVESTMENT ADVISORY BOARD MEETING. 3. ACCEPTANCE OF LA QUINTA FIRE STATION 32, PROJECT NO. 2008-03, AND PHASE I CORPORATE YARD, PROJECT NO. 2007-08. 4. ACCEPT A QUITCLAIM DEED FROM COACHELLA VALLEY WATER DISTRICT FOR REAL PROPERTY IN THE WASHINGTON STREET RIGHT-OF- WAY — APN 770-010-013. 5. ADOPTION OF RESOLUTION TO 1) RECEIVE THE REDEVELOPMENT AGENCY'S REPORT TO THE CITY COUNCIL FOR THE PROPOSED FIFTH AMENDMENT TO THE REDEVELOPMENT PLAN FOR LA QUINTA REDEVELOPMENT PROJECT AREA NO. 2; AND 2) CONSENT TO A JOINT PUBLIC HEARING WITH THE REDEVELOPMENT AGENCY. BUSINESS SESSION 1. CONSIDERATION OF TERMINATING THE MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF LA QUINTA AND THE BUILDING INDUSTRY ASSOCIATION -DESERT CHAPTER OF THE BUILDING INDUSTRY OF SOUTHERN CALIFORNIA, INC., RELATING TO SUBDIVISION IDENTIFICATION PROGRAM. A. MINUTE ORDER ACTION ME City Council Agenda 2 November 2, 2010 2. CONSIDERATION OF AN AGREEMENT BETWEEN THE CITY OF LA QUINTA AND THE DESERT VALLEY BUILDERS ASSOCIATION, A CALIFORNIA NON- PROFIT MUTUAL BENEFIT CORPORATION FOR THE INSTALLATION AND MAINTENANCE OF COMMUNITY DIRECTIONAL SIGNS IN THE CITY OF LA QUINTA. A. MINUTE ORDER ACTION 3. CONSIDERATION OF AN ORDINANCE REVISING TITLE 8 ENTITLED, "BUILDINGS AND CONSTRUCTION," AND ADOPTING THE FOLLOWING 2010 CODES PUBLISHED BY THE CALIFORNIA BUILDING STANDARDS COMMISSION: ADMINISTRATIVE CODE, BUILDING CODE, RESIDENTIAL CODE, ELECTRICAL CODE, MECHANICAL CODE, PLUMBING CODE, ENERGY CODE, FIRE CODE, HISTORICAL BUILDING CODE, EXISTING BUILDING CODE, GREEN BUILDING STANDARDS CODE, AND REFERENCED STANDARDS CODE. A. TAKE UP ORDINANCE BY TITLE AND NUMBER ONLY AND WAIVE FURTHER READING B. INTRODUCE ORDINANCE NO. ON FIRST READING 4. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 2.60, SECTION 2.60.020 (DESIGNATED EMPLOYEES - DISCLOSURE CATEGORIES) OF THE LA QUINTA MUNICIPAL CODE RELATIVE TO CONFLICT OF INTEREST CODE. A. TAKE UP ORDINANCE BY TITLE AND NUMBER ONLY AND WAIVE FURTHER READING B. INTRODUCE ORDINANCE NO. ON FIRST READING STUDY SESSION - NONE REPORTS AND INFORMATIONAL ITEMS 1 . ANIMAL CAMPUS COMMISSION (FRANKLIN) 2. BOB HOPE CLASSIC FUND DISTRIBUTION COMMITTEE (ADOLPH) 3. CITY COUNCIL AD HOC COMMITTEE REPORTS 4. CVAG COMMITTEE REPORTS 5. CHAMBER OF COMMERCE WORKSHOP/INFORMATION EXCHANGE COMMITTEE (EVANS) 6. C.V. CONSERVATION COMMISSION (SNIFF) 7. C.V. MOSQUITO AND VECTOR CONTROL DISTRICT (ROBERT COX) J U 3 City Council Agenda 3 November 2, 2010 8. C.V. MOUNTAINS CONSERVANCY (FRANKLIN) 9. C.V.W.D. JOINT WATER POLICY COMMITTEE (ADOLPH) 10. IID ENERGY CONSUMERS' ADVISORY COMMITTEE (FRANKLIN) 1 1 . JACQUELINE COCHRAN REGIONAL AIRPORT AUTHORITY (FRANKLIN) 12. LEAGUE OF CALIFORNIA CITIES (HENDERSON) 13. PALM SPRINGS DESERT RESORT COMMUNITIES CONVENTION & VISITORS AUTHORITY (EVANS) 14. PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION (NANCY DORIA) 15. RIVERSIDE COUNTY FREE LIBRARY ADVISORY COMMITTEE (DIANE GUNN) 16. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (HENDERSON) 17. SUNLINE TRANSIT AGENCY/SUNLINE SERVICES GROUP (ADOLPH) 18. COMMUNITY SERVICES COMMISSION MINUTES OF SEPTEMBER 13, 2010 DEPARTMENT REPORTS 1 . CITY MANAGER 2. CITY ATTORNEY 3. CITY CLERK 4. BUILDING & SAFETY DEPARTMENT REPORT - NONE 5. COMMUNITY SERVICES DEPARTMENT REPORT - NONE 6. FINANCE DEPARTMENT REPORT - NONE 7. PLANNING DEPARTMENT REPORT A. GENERAL PLAN MONTHLY UPDATE 8. PUBLIC WORKS DEPARTMENT REPORT - NONE 9. POLICE DEPARTMENT REPORT - NONE 10. FIRE DEPARTMENT QUARTERLY REPORT - NONE MAYOR'S AND COUNCIL MEMBERS' ITEMS 1. DISCUSSION REGARDING PURCHASE OF GAMBY QUAILS (COUNCIL MEMBER HENDERSON) RECESS TO REDEVELOPMENT AGENCY MEETING NO PUBLIC HEARINGS ARE SCHEDULED, THEREFORE, THE CITY COUNCIL WILL ADJOURN AND NOT RECONVENE AT 7:00 P.M. UNLESS THERE ARE ITEMS FROM THE AFTERNOON SESSION THAT HAVE NOT BEEN CONSIDERED wa J04 City Council Agenda 4 November 2, 2010 7:00 P.M. PUBLIC COMMENT At this time members of the public may address the City Council on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. PRESENTATIONS - NONE PUBLIC HEARINGS - NONE ADJOURNMENT A special Joint City Council/Commission meeting will be held on November 9, 2010, commencing at 5:00 p.m.; and the next regular meeting of the City Council will be held on November 16, 2010, 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 City Council meeting of November 2, 2010, 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 1 1 1, on October 29, 2010. DATED: October 29, 2010 VERONICA J. NTECINO, City Clerk City of La Quinta, California A U5 City Council Agenda 5 November 2, 2010 Puhlir_ Nntirac The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the City Clerk's Office at 777-7103, twenty- four (24) hours in advance of the meeting and accommodations will be made. If special electronic equipment is needed to make presentations to the City Council, arrangement should be made in advance by contacting the City Clerk's Office at 777- 7103. A one (1) week notice is required. If background material is to be presented to the City Council during a City Council meeting, please be advised that eight (8) copies of all documents, exhibits, etc., must be supplied to the City Clerk for distribution. It is requested that this take place prior to the beginning of the meeting. Any writings or documents provided to a majority of the City Council 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. 00 0 (� G City Council Agenda 6 November 2, 2010 n LaQuinta Mayor Don Adlof October 25, 2010 La Quinta City Council Members 78-495 Calle Tampico La Quinta, CA 92253 Subject: Widening of Fred Waring between Adams Street and Dune Palms Rd. I am writing this letter asking for help in the issue of the widening of Fred Waring between Dune Palms Road and Adams Street. The plan for the project apparently has been set and there is little concern for the residents that live in the gated community of La Quinta Palms. It has been tailored to meet the demands of the residents that live on the north side of the street, which is un- incorporated Riverside County governed. The county has listened to and catered to demands of a few residents on the north side of the street and adapted the plan that meets most all of these demands with little or no consideration for the residents of La Quinta Palms. These County residents (maybe 4 or 5 ) that are most effected by the project knew when they purchased their homes that the the widening of the street was going to happen and ignored it until it became a reality. Now the county is catering to their demands with a plan the borders on insanity. There are 146 individual homes in La Quinta Palms and we are being treated as though we do not exist. Any suggestions made by our residents has fallen on deaf ears. (1) 007 Safety concerns on the plan are as follows: Raising the westbound lanes up by 3 f t. to bring them up to the level of the few affected homes complaining the most. Justification: Their driveways would be to steep to enter Fred Waring Drive from their homes. If this plan is used there will be no access to our community from the westbound lanes of Fred Waring. We would have to go up to Adams Street and make a U-turn. Having a parking lane along the westbound lanes to accommodate visitors to their homes. Also so landscapers have a place to park while maintaining their properties. These properties all have space for additional vehicles inside their properties lines. In my travels around the Coachella Valley I have not seen a b lane main thoroughfare that allows parking on the street. VERY DANGEROUS! Putting a 5 fL wide bike lane on the eastbound lanes on the La Quinta side. When I ask a county engineer at a meeting in front of our property if there was going to be a bike lane on the westbound lanes. Answer: No, there is not enough room. Riding a bicycle on this soon to be race track will be VERY DANGEROUS ! i Someone is going to get hurts Emergency Vehicles would only have access to our community from the eastbound lanes of Fred Waring. Emergency vehicles coming from the east would have to go up to Adams Street and make a U-turn to gain access, adding to response time. In the case of a fire or medical emergency it could cause life threatening situations. Police response would be delayed. The residents of La Quinta Palms feel that the plan that is being (2) 0. 008 pushed through will greatly decrease the value of our properties which we do not need in time of economic hard times. Who would want to purchase a home that has very limited access? In looking around our area there have been successful widening projects that were done right. Jefferson Street between Westward Ho and Highway 111. Fred Waring in Palm Desert. Why not tale the properties (as was done in these projects) necessary to do the job right by eminent domain and give the residents of La Quinta Palms what they deserve. I would like to invite Mayor Adolf and the Council members to visit our community. It is a beautiful place and we are very, very proud of it. PLEASE TO NOT ALLOW IT TO BE DESTROYED! I am available to give you a guided tour at any time. Contact me at 760-409r3123. Sincerely, William J.Kever 79-401 Horizon Palms Circle La Quinta, CA 92253 (3) 309 P'J' tic- Cam La Quinta Palms/Fred Waring Petition Save Our Left -In Access We the residents, owners and people interested in our 146 home La Quinta Palms Community strongly oppose the Riverside County Plan #1 for widening Fred Waring. Plan #1 eliminates our direct access to and from Fred Waring westbound and takes 5 feet of width from our eastbound refuge lanes to provide a 5-foot wide bike path. The Plan provides 3 feet of utility convenience, plus 8 feet of on street parking, plus 10 feet of acceleration/deceleration access to Fred Waring for the benefit of Bermuda Dunes homes. An elevated roadbed along with minimal width at our entrance prevents a proper median access for our development. The plan requires U-turns at Adams or Dune Palms thereby adding the inherent safety concerns of numerous U-turns to already busy intersections. This added traffic on Fred Waring further increases the need for sound wall protection for our community. The extra travel required by this plan would greatly increase emergency vehicle response time and cause untold waste of time and fuel considering the many westbound vehicles entering or leaving La Quinta Palms for the foreseeable future. No other significant development along Fred Waring is denied access in this way. Eliminating all direct access for westbound Fred Waring is not acceptable. We ask that a plan be devised to better serve our La Quinta Palms Community. Address �i�tv;t" F-e011y-r-co Film RIM i A.. 010 ,X/ La Quinta Palms/Fred Waring Petition Save Our Left -In Access We the residents, owners and people interested in our 146 home La Quinta Palms Community strongly oppose the Riverside County Plan #1 for widening Fred Waring. Plan #1 eliminates our direct access to and from Fred Waring westbound and takes 5 feet of width from our eastbound refuge lanes to provide a 5-foot wide bike path. The Plan provides 3 feet of utility convenience, plus 8 feet of on street parking, plus 10 feet of acceleration/deceleration access to Fred Waring for the benefit of Bermuda Dunes homes. An elevated roadbed along with minimal width at our entrance prevents a proper median access for our development. The plan requires U-turns at Adams or Dune Palms thereby adding the inherent safety concerns of numerous U-turns to already busy intersections. This added traffic on Fred Waring further increases the need for sound wall protection for our community. The extra travel required by this plan would greatly increase emergency vehicle response time and cause untold waste of time and fuel considering the many westbound vehicles entering or leaving La Quinta Palms for the foreseeable future. No other significant development along Fred Waring is denied access in this way. Eliminating all direct access for westbound Fred Waring is not acceptable. We ask that a plan be devised to better serve our La Quinta Palms Community. (4g300 E--Sj�N,OCk3N GiQ&f c r. 1-: ' cr,rsj4 IDO- K ek Oil La Ouinta Palms/Fred Waring Petition Save Our Left -In Access We the residents, owners and people interested in our 146 home La Quinta Palms Community strongly oppose the Riverside County Plan #1 for widening Fred Waring. Plan #1 eliminates our direct access to and from Fred Waring westbound and takes 5 feet of width from our eastbound refuge lanes to provide a 5-foot wide bike path. The Plan provides 3 feet of utility convenience, plus 8 feet of on street parking, plus 10 feet of acceleration/deceleration access to Fred Waring for the benefit of Bermuda Dunes homes. An elevated roadbed along with minimal width at our entrance prevents a proper median access for our development. The plan requires U-turns at Adams or Dune Palms thereby adding the inherent safety concerns of numerous U-turns to already busy intersections. This added traffic on Fred Waring further increases the need for sound wall protection for our community. The extra travel required by this plan would greatly increase emergency vehicle response time and cause untold waste of time and fuel considering the many westbound vehicles entering or leaving La Quinta Palms for the foreseeable future. No other significant development along Fred Waring is denied access in this way. Eliminating all direct access for westbound Fred Waring is not acceptable. We ask that a plan be devised to better serve our La Quinta Palms Community. Name Address �. 5ct,7 aaG-s� )r 012 La Quinta Palms/Fred Waring Petition Save Our Left -In Access We the residents, owners and people interested in our 146 home La Quinta Palms Community strongly oppose the Riverside County Plan #1 for widening Fred Waring. Plan #1 eliminates our direct access to and from Fred Waring westbound and takes 5 feet of width from our eastbound refuge lanes to provide a 5-foot wide bike path. The Plan provides 3 feet of utility convenience, plus 8 feet of on street parking, plus 10 feet of acceleration/deceleration access to Fred Waring for the benefit of Bermuda Dunes homes. An elevated roadbed along with minimal width at our entrance prevents a proper median access for our development. The plan requires U-turns at Adams or Dune Palms thereby adding the inherent safety concerns of numerous U-turns to already busy intersections. This added traffic on Fred Waring further increases the need for sound wall protection for our community. The extra travel required by this plan would greatly increase emergency vehicle response time and cause untold waste of time and fuel considering the many westbound vehicles entering or leaving La Quinta Palms for the foreseeable future. No other significant development along Fred Waring is denied access in this way. Eliminating all direct access for westbound Fred Waring is not acceptable. We ask that a plan be devised to better serve our La Quinta Palms Community. Address qq? "rtda p?A5 09 4 5 `i3q -jLj q- 5 t 6k,iovi ro 7 t Ica Al. 5OIJRIS 013 La Quinta Palms/Fred Waring Petition Save Our Left -In Access We the residents, owners and people interested in our 146 home La Quinta Palms Community strongly oppose the Riverside County Plan #1 for widening Fred Waring. Plan #1 eliminates our direct access to and from Fred Waring westbound and takes 5 feet of width from our eastbound refuge lanes to provide a 5-foot wide bike path. The Plan provides 3 feet of utility convenience, plus 8 feet of on street parking, plus 10 feet of acceleration/deceleration access to Fred Waring for the benefit of Bermuda Dunes homes. An elevated roadbed along with minimal width at our entrance prevents a proper median access for our development. The plan requires U-turns at Adams or Dune Palms thereby adding the inherent safety concerns of numerous U-turns to already busy intersections. This added traffic on Fred Waring further increases the need for sound wall protection for our community. The extra travel required by this plan would greatly increase emergency vehicle response time and cause untold waste of time and fuel considering the many westbound vehicles entering or leaving La Quinta Palms for the foreseeable future. No other significant development along Fred Waring is denied access in this way. Eliminating all direct access for westbound Fred Waring is not acceptable. We ask that a plan be devised to better serve our La Quints Palms Community. Address 70/Y/ 9 Lf u 4� 4 hi J n _ 7. 4 Y� 19 La Quinta Palms/Fred Waring Petition Save Our Left -In Access We the residents, owners and people interested in our 146 home La Quinta Palms Community strongly oppose the Riverside County Plan #1 for widening Fred Waring. Plan #1 eliminates our direct access to and from Fred Waring westbound and takes 5 feet of width from our eastbound refuge lanes to provide a 5-foot wide bike path. The Plan provides 3 feet of utility convenience, plus 8 feet of on street parking, plus 10 feet of acceleration/deceleration access to Fred Waring for the benefit of Bermuda Dunes homes. An elevated roadbed along with minimal width at our entrance prevents a proper median access for our development. The plan requires U-turns at Adams or Dune Palms thereby adding the inherent safety concerns of numerous U-turns to already busy intersections. This added traffic on Fred Waring further increases the need for sound wall protection for our community. The extra travel required by this plan would greatly increase emergency vehicle response time and cause untold waste of time and fuel considering the many westbound vehicles entering or leaving La Quinta Palms for the foreseeable future. No other significant development along Fred Waring is denied access in this way. Eliminating all direct access for westbound Fred Waring is not acceptable. We ask that a plan be devised to better serve our La Quinta Palms Community. Name Address Mk uQ -79-- Nd- f::� V.C� se-- V i f;:I,,-- ► D'-- IC q I'-V /"V- 7t - 063 #ckl2al-1 7/fLt -rs 00,cc � j' s-� f I e243 atM4 C-t,KCQ NDiSkIIIJOci2ff t " Dv1 may► 1'C hT t �r ►-�P 015 La Quinta Palms/Fred Warine Petition Save Our Left -In Access We the residents, owners and people interested in our 146 home La Quinta Palms Community strongly oppose the Riverside County Plan #1 for widening Fred Waring. Plan #1 eliminates our direct access to and from Fred Waring westbound and takes 5 feet of width from our eastbound refuge lanes to provide a 5-foot wide bike path. The Plan provides 3 feet of utility convenience, plus 8 feet of on street parking, plus 10 feet of acceleration/deceleration access to Fred Waring for the benefit of Bermuda Dunes homes. An elevated roadbed along with minimal width at our entrance prevents a proper median access for our development. The plan requires U-turns at Adams or Dune Palms thereby adding the inherent safety concerns of numerous U-turns to already busy intersections. This added traffic on Fred Waring further increases the need for sound wall protection for our community. The extra travel required by this plan would greatly increase emergency vehicle response time and cause untold waste of time and fuel considering the many westbound vehicles entering or leaving La Quinta Palms for the foreseeable future. No other significant development along Fred Waring is denied access in this way. Eliminating all direct access for westbound Fred Waring is not acceptable. We ask that a plan be devised to better serve our La Quinta Palms Community. Address sf~ �l 938� P-(ZOA) 6L4 - cif as�� ,�►�� e A*.() 016 La Quinta Palms/Fred Waring Petition Save Our Left -In Access We the residents, owners and people interested in our 146 home La Quinta Palms Community strongly oppose the Riverside County Plan #1 for widening Fred Waring. Plan #1 eliminates our direct access to and from Fred Waring westbound and takes 5 feet of width from our eastbound refuge lanes to provide a 5-foot wide bike path. The Plan provides 3 feet of utility convenience, plus 8 feet of on street parking, plus 10 feet of acceleration/deceleration access to Fred Waring for the benefit of Bermuda Dunes homes. An elevated roadbed along with minimal width at our entrance prevents a proper median access for our development. The plan requires U-turns at Adams or Dune Palms thereby adding the inherent safety concerns of numerous U-turns to already busy intersections. This added traffic on Fred Waring further increases the need for sound wall protection for our community. The extra travel required by this plan would greatly increase emergency vehicle response time and cause untold waste of time and fuel considering the many westbound vehicles entering or leaving La Quinta Palms for the foreseeable future. No other significant development along Fred Waring is denied access in this way. Eliminating all direct access for westbound Fred Waring is not acceptable. We ask that a plan be devised to better serve our La Quinta Palms Community. Address S*. JI I La Quinta Palms/Fred Waring Petition Save Our Left -In Access We the residents, owners and people interested in our 146 home La Quinta Palms Community strongly oppose the Riverside County Plan #1 for widening Fred Waring. Plan #1 eliminates our direct access to and from Fred Waring westbound and takes 5 feet of width from our eastbound refuge lanes to provide a 5-foot wide bike path. The Plan provides 3 feet of utility convenience, plus 8 feet of on street parking, plus 10 feet of acceleration/deceleration access to Fred Waring for the benefit of Bermuda Dunes homes. An elevated roadbed along with minimal width at our entrance prevents a proper median access for our development. The plan requires U-turns at Adams or Dune Palms thereby adding the inherent safety concerns of numerous U-turns to already busy intersections. This added traffic on Fred Waring further increases the need for sound wall protection for our community. The extra travel required by this plan would greatly increase emergency vehicle response time and cause untold waste of time and fuel considering the many westbound vehicles entering or leaving La Quinta Palms for the foreseeable future. No other significant development along Fred Waring is denied access in this way. Eliminating all direct access for westbound Fred Waring is not acceptable. We ask that a plan be devised to better serve our La Quinta Palms Community. )a-- • v e GA RL 0118 La Quinta Palms /Fred Waring Petition Save Our Left -In Access We the residents, owners and people interested in our 146 home La Quinta Palms Community strongly oppose the Riverside County Plan #1 for widening Fred Waring. Plan #1 eliminates our direct access to and from Fred Waring westbound and takes 5 feet of width from our eastbound refuge lanes to provide a 5-foot wide bike path. The Plan provides 3 feet of utility convenience, plus 8 feet of on street parking, plus 10 feet of acceleration/deceleration access to Fred Waring for the benefit of Bermuda Dunes homes. An elevated roadbed along with minimal width at our entrance prevents a proper median access for our development. The plan requires U-turns at Adams or Dune Palms thereby adding the inherent safety concerns of numerous U-turns to already busy intersections. This added traffic on Fred Waring further increases the need for sound wall protection for our community. The extra travel required by this plan would greatly increase emergency vehicle response time and cause untold waste of time and fuel considering the many westbound vehicles entering or leaving La Quinta Palms for the foreseeable future. No other significant development along Fred Waring is denied access in this way. Eliminating all direct access for westbound Fred Waring is not acceptable. We ask that a plan be devised to better serve our La Quinta Palms Community. Name Address y�o F SU A C�er�s E, i� I �� / M La Quinta Palms/Fred Waring Petition Save Our Left -In Access We the residents, owners and people interested in our 146 home La Quinta Palms Community strongly oppose the Riverside County Plan #1 for widening Fred Waring. Plan #1 eliminates our direct access to and from Fred Waring westbound and takes 5 feet of width from our eastbound refuge lanes to provide a 5-foot wide bike path. The Plan provides 3 feet of utility convenience, plus 8 feet of on street parking, plus 10 feet of acceleration/deceleration access to Fred Waring for the benefit of Bermuda Dunes homes. An elevated roadbed along with minimal width at our entrance prevents a proper median access for our development. The plan requires U-turns at Adams or Dune Palms thereby adding the inherent safety concerns of numerous U-turns to already busy intersections. This added traffic on Fred Waring further increases the need for sound wall protection for our community. The extra travel required by this plan would greatly increase emergency vehicle response time and cause untold waste of time and fuel considering the many westbound vehicles entering or leaving La Quints Palms for the foreseeable future. No other significant development along Fred Waring is denied access in this way. Eliminating all direct access for westbound Fred Waring is not acceptable. We ask that a plan be devised to better serve our La Quints Palms Community. Address 44 w �cf fa uj . IV - H q,� R I uj. SLtnd&9jv ri-d, 1% -397 7'oh z®n 4f/"s- & re,/e 7 M 7 '7 13. S � ZL, a- t L La Quinta Palms/Fred Waring Petition Save Our Left -In Access We the residents, owners and people interested in our 146 home La Quinta Palms Community strongly oppose the Riverside County Plan #1 for widening Fred Waring. Plan #1 eliminates our direct access to and from Fred Waring westbound and takes 5 feet of width from our eastbound refuge lanes to provide a 5-foot wide bike path. The Plan provides 3 feet of utility convenience, plus 8 feet of on street parking, plus 10 feet of acceleration/deceleration access to Fred Waring for the benefit of Bermuda Dunes homes. An elevated roadbed along with minimal width at our entrance prevents a proper median access for our development. The plan requires U-turns at Adams or Dune Palms thereby adding the inherent safety concerns of numerous U-turns to already busy intersections. This added traffic on Fred Waring further increases the need for sound wall protection for our community. The extra travel required by this plan would greatly increase emergency vehicle response time and cause untold waste of time and fuel considering the many westbound vehicles entering or leaving La Quinta Palms for the foreseeable future. No other significant development along Fred Waring is denied access in this way. Eliminating all direct access for westbound Fred Waring is not acceptable. We ask that a plan be devised to better serve our La Quinta Palms Community. -74 2Z,P, �` OZ ueJ L� / loin D/t, i q 16 C - e(,- ,A d,kJ r&a. (,'�- (9- tr La Quinta Palms/Fred Waring Petition Save Our Left -In Access We the residents, owners and people interested in our 146 home La Quinta Palms Community strongly oppose the Riverside County Plan #1 for widening Fred Waring. Plan #1 eliminates our direct access to and from Fred Waring westbound and takes 5 feet of width from our eastbound refuge lanes to provide a 5-foot wide bike path. The Plan provides 3 feet of utility convenience, plus 8 feet of on street parking, plus 10 feet of acceleration/deceleration access to Fred Waring for the benefit of Bermuda Dunes homes. An elevated roadbed along with minimal width at our entrance prevents a proper median access for our development. The plan requires U-turns at Adams or Dune Palms thereby adding the inherent safety concerns of numerous U-turns to already busy intersections. This added traffic on Fred Waring further increases the need for sound wall protection for our community. The extra travel required by this plan would greatly increase emergency vehicle response time and cause untold waste of time and fuel considering the many westbound vehicles entering or leaving La Quinta Palms for the foreseeable future. No other significant development along Fred Waring is denied access in this way. Eliminating all direct access for westbound Fred Waring is not acceptable. We ask that a plan be devised to better serve our La Quinta Palms Community. _. IMAM M 19— 3 �j?7b Ll i 'Z 16 w, S U rest 21'V24 W OW00t.+ J C �,. 022 La Quinta Palms/Fred Waring Petition Save Our Left -In Access We the residents, owners and people interested in our 146 home La Quinta Palms Community strongly oppose the Riverside County Plan #1 for widening Fred Waring. Plan #1 eliminates our direct access to and from Fred Waring westbound and takes 5 feet of width from our eastbound refuge lanes to provide a 5-foot wide bike path. The Plan provides 3 feet of utility convenience, plus 8 feet of on street parking, plus 10 feet of acceleration/deceleration access to Fred Waring for the benefit of Bermuda Dunes homes. An elevated roadbed along with minimal width at our entrance prevents a proper median access for our development. The plan requires U-turns at Adams or Dune Palms thereby adding the inherent safety concerns of numerous U-turns to already busy intersections. This added traffic on Fred Waring further increases the need for sound wall protection for our community. The extra travel required by this plan would greatly increase emergency vehicle response time and cause untold waste of time and fuel considering the many westbound vehicles entering or leaving La Quinta Palms for the foreseeable future. No other significant development along Fred Waring is denied access in this way. Eliminating all direct access for westbound Fred Waring is not acceptable. We ask that a plan be devised to better serve our La Quinta Palms Community. JOANNce; Address �7a37q ��I��:z.©v� �►l�m L/y396 h/-!L",J,,k.h I-M -3 6 b -<'C) V D0Gt.,t,% c"Ile:14y� 434-6 rfw v0 wA; -4 k 4 4•.. P t) L La Quinta Palms/Fred Waring Petition Save our Left -In Access We the residents, owners and people interested in our J¢ home La Quinta Palms Community strongly oppose the Riverside County Plan #1 for widening Fred Waring. Plan #1 eliminates our direct access to and from Fred Waring westbound and takes 5 feet of width from our eastbound refuge lanes to provide a 5-foot wide bike path. The Plan provides 3 feet of utility convenience, plus 8 feet of on street parking, plus 10 feet of acceleration/deceleration access to Fred Waring for the benefit of Bermuda Dunes homes. An elevated roadbed along with minimal width at our entrance prevents a proper median access for our development. The plan requires U-turns at Adams or Dune Palms thereby adding the inherent safety concerns of numerous U-turns to already busy intersections. This added traffic on Fred Waring further increases the need for sound wall protection for our community. The extra travel required by this plan would greatly increase emergency vehicle response time and cause untold waste of time and fuel considering the many westbound vehicles entering or leaving La Quinta Palms for the foreseeable future. No other significant development along Fred Waring is denied access in this way. Eliminating all direct access for westbound Fred Waring is not acceptable. We ask that a plan be devised to better serve our La Quinta Palms Community. Name Address hi, 7rlo r ,... 024 La Quinta Palms/Fred Waring Petition Save Our Left -In Access We the residents, owners and people interested in our 146 home La Quinta Palms Community strongly oppose the Riverside County Plan #1 for widening Fred Waring. Plan #1 eliminates our direct access to and from Fred Waring westbound and takes 5 feet of width from our eastbound refuge lanes to provide a 5-foot wide bike path. The Plan provides 3 feet of utility convenience, plus 8 feet of on street parking, plus 10 feet of acceleration/deceleration access to Fred Waring for the benefit of Bermuda Dunes homes. An elevated roadbed along with minimal width at our entrance prevents a proper median access for our development. The plan requires U-turns at Adams or Dune Palms thereby adding the inherent safety concerns of numerous U-turns to already busy intersections. This added traffic on Fred Waring further increases the need for sound wall protection for our community. The extra travel required by this plan would greatly increase emergency vehicle response time and cause untold waste of time and fuel considering the many westbound vehicles entering or leaving La Quinta Palms for the foreseeable future. No other significant development along Fred Waring is denied access in this way. Eliminating all direct access for westbound Fred Waring is not acceptable. We ask that a plan be devised to better serve our La Quinta Palms Community. NaniC Address •_ i�r , La Quinta Palms/Fred Waring Petition Save Our Left -in Access We the residents, owners and people interested in our 10 hoarse La Quinta Palms Community strongly oppose the Riverside County Plan #1 for widening Fred Waring. Plan #1 eliminates our direct access to and from Fred Waring westbound and takes 5 feet of width from our eastbound refuge lanes to provide a 5-foot wide bike path. The Plan provides 3 feet of utility convenience, plus 8 feet of on street parking, plus 10 feet of acceleration/deceleration access to Fred Waring for the benefit of Bermuda Dunes homes. An elevated roadbed along with minimal width at our entrance prevents a proper median access for our development. The plan requires U-turns at Adams or Dune Palms thereby adding the inherent safety concerns of numerous U-turns to already busy intersections. This added traffic on Fred Waring further increases the need for sound wall protection for our community. The extra travel required by this plan would greatly increase emergency vehicle response time and cause untold waste of time and fuel considering the manywestbound vehicles entering or leaving La Quinta Palms for the foreseeable future. No other significant development along Fred Waring is denied access in this way. Eliminating all direct access for westbound Fred Waring is not acceptable. We ask that a plan be devised to better serve our La Quinta Palms Community. La Quinta Palms/Fred Waring Petition Save Our Left -In Access We the residents, owners and people interested in our 146 home La Quinta Palms Community strongly oppose the Riverside County Plan #1 for widening Fred Waring. Plan #1 eliminates our direct access to and from Fred Waring westbound and takes 5 feet of width from our eastbound refuge lanes to provide a 5-foot wide bike path. The Plan provides 3 feet of utility convenience, plus 8 feet of on street parking, plus 10 feet of acceleration/deceleration access to Fred Waring for the benefit of Bermuda Dunes homes. An elevated roadbed along with minimal width at our entrance prevents a proper median access for our development. The plan requires U-turns at Adams or Dune Palms thereby adding the inherent safety concerns of numerous U-turns to already busy intersections. This added traffic on Fred Waring further increases the need for sound wall protection for our community. The extra travel required by this plan would greatly increase emergency vehicle response time and cause untold waste of time and fuel considering the many westbound vehicles entering or leaving La Quinta Palms for the foreseeable future. No other significant development along Fred Waring is denied access in this way. Eliminating all direct access for westbound Fred Waring is not acceptable. We ask that a plan be devised to better serve our La Quinta Palms Community. Name J-- a 5 Address -793 ri fir. j La Quinta Palms/Fred Waring Petition Save Our Left -In Access We the residents, owners and people interested in our 146 home La Quinta Palms Community strongly oppose the Riverside County Plan #1 for widening Fred Waring. Plan #1 eliminates our direct access to and from Fred Waring westbound and takes 5 feet of width from our eastbound refuge lanes to provide a 5-foot wide bike path. The Plan provides 3 feet of utility convenience, plus 8 feet of on street parking, plus 10 feet of acceleration/deceleration access to Fred Waring for the benefit of Bermuda Dunes homes. An elevated roadbed along with minimal width at our entrance prevents a proper median access for our development. The plan requires U-turns at Adams or Dune Palms thereby adding the inherent safety concerns of numerous U-turns to already busy intersections. This added traffic on Fred Waring further increases the need for sound wall protection for our community. The extra travel required by this plan would greatly increase emergency vehicle response time and cause untold waste of time and fuel considering the many westbound vehicles entering or leaving La Quinta Palms for the foreseeable future. No other significant development along Fred Waring is denied access in this way. Eliminating all direct access for westbound Fred Waring is not acceptable. We ask that a plan be devised to better serve our La Quinta Palms Community. Name Address G —t— L'n' Q"X' "TY-a" , (._A . 9 2 S- T •., J 2 8 Page 1 of 1 Subj: Re: La Quinta Palms Petition Date: 9/21/2010 11:21:58 A.M. Pacific Daylight Time From: terryfinley (cD-msn.com To: EJMREMCcDaol.com I agree Bob, Just go ahead and sign it for me. Terry ---- Original Message ---- From: EJMREM(a)-aol.com To: terryfinley@msn.com ; csmith88(c)-msn.com Cc: lgnana8(a)-yahoo.com Sent: Tuesday, September 21, 2010 11:28 AM Subject: La Quinta Palms Petition Terry F. and the Smiths Read the following comment by La Quinta Palms resident and Board member; I have attached the petition being circulated. Please sign and get it back to Nancy.] From: Ignana8(cD-yahoo.com Hi Bob, Anyone that is offected by this "change" that the County wants, should sign.... you because you are a property mgr and the owners of the properties you manage would be great ...you and Elaine signing are just fine. Nancy Kever Tuesday, September 21, 2010 AOL: EJMREM ~� J 29 Page 1 of 2 Subj: Re: La Quinta Palms Petition Date: 9/21/2010 10:34:22 A.M. Pacific Daylight Time From: csmith88a-msn.com To: EJMREM(),aol.com a- 0 , I'm not sure how to sign - when I click on the listing at the bottom, the screen goes blue & there is no opportunity to input anything. If all that is needed is to add our names to the list, feel free to do so. Brian --- Original Message ----- From: EJMREM(a)-aol.com To: terryfinley(cb-msn.com ; csmith880),msn.com Cc: Ignana8(cD-yahoo.com Sent: Tuesday, September 21, 2010 10:28 AM Subject: La Quinta Palms Petition Terry F. and the Smiths Read the following comment by La Quinta Palms resident and Board member; I have attached the petition being circulated. Please sign and get it back to Nancy.] Bob Miller From: Ignana8(c)-yahoo.com Hi Bob, Anyone that is affected by this "change" that the County worts, should sign.... you because you are a property mgr and the owners of the pro pertles you manage would be great ...you and Elaine signing are just fine. Tuesday, September 21, 2010 AOL: EJMREM U30 We the residents, owners and people interested in our IM home La Quints Palms Community strongly oppose the Riverside County Plan 01 for widening Fred Waring. Plan #1 eliminates our direct access to and from Fred Waring westbound and takes 5 feet of width from our eastbound refuge lanes to provide a 5-foot wide bike path. The Plan provides 3 feet of utility convenience, plus 8 feet of on street parking, plus 10 feet of acceleration/deceleration access to Fred Waring for the beg'efit of Bermuda Dunes homes. An elevated roadbed along with minimal width at our entrance prevents a proper median access for our development. The plan requires U-turns at Adams or Dune Palms thereby adding the inherent safety concerns of numerous U-turns to already busy intersections. This added traffic on Fred Waring further increases the need for sound wall protection for our community. The extra travel required by this plan would greatly increase emergency vehicle response time and cause untold waste of time and fuel considering the many westbound vehicles entering or leaving La Quinta Palms for the foreseeable future. No other significant development along Fred Waring is denied access in this way. Eliminating all direct access for westbound Fred Waring is not acceptable. We ask that a plan be devised to better serve our La Quinta Palms Community. J 31 La Quinta Palms/Fred Waring Petition Save Our Left -In Access We the residents, owners and people interested in our 146 home La Quinta Palms Community strongly oppose the Riverside County Plan #1 for widening Fred Waring. Plan #1 eliminates our direct access to and from Fred Waring westbound and takes 5 feet of width from our eastbound refuge lanes to provide a 5-foot wide bike path. The Plan provides 3 feet of utility convenience, plus 8 feet of on street parking, plus 10 feet of acceleration/deceleration access to Fred Waring for the benefit of Bermuda Dunes homes. An elevated roadbed along with minimal width at our entrance prevents a proper median access for our development. The plan requires U-turns at Adams or Dune Palms thereby adding the inherent safety concerns of numerous U-turns to already busy intersections. This added traffic on Fred Waring further increases the need for sound wall protection for our community. The extra travel required by this plan would greatly increase emergency vehicle response time and cause untold waste of time and fuel considering the many westbound vehicles entering or leaving La Quinta Palms for the foreseeable future. No other significant development along Fred Waring is denied access in this way. Eliminating all direct access for westbound Fred Waring is not acceptable. We ask that a plan be devised to better serve our La Quinta Palms Community. Address �) 3q(.5 - c3 Z -1 � 447 s PIQ bC" , C 0.. A:Y-�s 3 COUNCIL/RDA MEETING DATE: November 2, 2010 ITEM TITLE: Demand Register Dated November 2, 2010 RECOMMENDATION: Approve Demand Register Dated November 2, 2010 BACKGROUND: Prepaid Warrants: 89289 - 89333} 34,802.86 89334 - 89370} 83,508.13 Voids} (145.70) Wire Transfers} 301,525.46 P/R 36176 - 36184 226,107.74 P/R Tax Transfers} 63,285.91 Payable Warrants: 89371 - 894841 342,811.55 $1,051,895.95 FISCAL IMPLICATIONS: Demand of Cash -City $776,423.85 Demand of Cash -RDA $275,272.10 Demand of Cash - HA $200.00 John M. Falconer, Finance Director AGENDA CATEGORY: BUSINESS SESSION CONSENT CALENDAR I STUDY SESSION PUBLIC HEARING CITY OF LA QUINTA BANK TRANSACTIONS 10/13/10 - 10/26/10 10/15/10 WIRE TRANSFER - ICMA $12,034.91 10/15/10 WIRE TRANSFER - PERS $53,631.72 10/15/10 WIRE TRANSFER - LQCEA $162.50 10/19/10 WIRE TRANSFER - TASC $1,530.76 10/20/10 WIRE TRANSFER - N COUNTY ESCROW $68,400.00 10/25/10 WIRE TRANSFER - LANDMARK $165,765.57 TOTAL WIRE TRANSFER OUT $301,525.46 )34 HST 00 1 O N 1 1 O O O O O -.T O Lf) o O O r o O o O \ I Y J 1 o O O O O Ln o r o 0 O r O O o (D H 1 U Q 1 H 1 W F I O Ln 0 0 Lf #O #0 00 O o #0 Lfl Uf Ln 00 O 12 0 1 CD r O CD r N O H M O CD M r 1- N Lf) W N m I U F 1 O H 00 H IT N o o M N LD W ^ ^ Q 0 � H V' 1- H a E q M 1 Oz 1 H W W fL O CL CDW I FZ zw IzHI F I O F z IEWI M I Q0Y 1 OO 00 00 00 00 0%T%T CD CD r00 Ln 00 00 CD CD rr 00 00 00 00 O 1 \ 1 00 00 O O 00 0 0 M N In 00 M I/f r 00 0 o 00 r r o 0 00 00 o 0 U 1 U y 1 O O Lf1 Lf O O O O Ln Ln 00 00 �D 10 #0 O 00 00 H H O O Ln Lf Ln W Ln Lf)* 00 00 Q I Z H I 0 0 r r 00 o 0 r r r H O N 0 0 # D Ln 1 H M M 00 00 M M r r r r N N Ln 1 Ln 1 Qq 1 Hr-i OO Hr-1 N#000 HH MST NN o0 00 MM NN F^ ^ ^ ^ ^ FLL 1 �T%t H H #i 1; HH HH IHOI IE W F fY W ZI 1 1 1 I 1 O O O O O H .-+ O 14 r H O O M O O H H 1 1 H H M H H O O O H O O M M O H H O O i 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 t 1 1 O O M 0 O lfl Lfl P H O m M M O O O Ln H fY I H H M W 1 1 OD F I M M PO M H H 0% N H M M N i 1 Z 1 #p b 10 10 Ln Ln M o (v Ln Lf) ID 10 H Ln M Ln O 1 O 1 Ln Lf1 N Ln Lfi In Z 1 p l 1 1 i 1 U 1 H H O O Ln Ln r O O o H M H Y 1 U I O O O O O (711.0 O Ln o %T O O O O O M O z I Q I O O O o O r r O o 0 00 o O O 0 0 00 0 Q 1 1 110 10 O #0 M H H o Ln M o 0 0 M M 1 1 I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 H H H H H r-1 '•1 H H H H i-•I H N H H H H } 1 1 0 o N O O 00 o 0 0 O N N O O O o 0 pq 1 1 H H N H %T N N Ln W 1 I F- LU 1 1 O O O O O O O O 00 O O O O O O O O (Y 1 1 H H rl H H H H H r1 H 1 1 O O O O O 00 0 00 0 O O O O 0 O O Y 1 1 N N N N N N N N N N N N N N N N N N u 1 W 1 \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ W 1 F I Ln Ln Ln Lf) Ln Ln Ln Ln Ln Ln Ln Lf1 Ln Ln Ln Ln Ln Ln 2 1 Q 1 H H H H H H H H H H H H H H H .•+ H H U 1 q \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ 1 0 0 0 0 o 00 0 0 0 0 0 o O o 0 0 0 LLf 1 H H H H H H H H H H H H H H H H H H J 1 1 00 Q 1 } 1 p p t Q 1 Z 1 fL 1 a: 1 1 y ; F Z 1 CY \7 NT V' �T %T Ln H N NT IT %T lfl XT M Ol M 1 W 1 #0 #0 �0 #O \0 co 00 H Ln Ln b b b Ln V K) #0 Lf1 O 1 2 O 1 NT %T %T %T �T � 0 %T 'IT %T \T %T ST ST %T #T u U Z 1 H H H H H H H H H 14 H H H H H H H H U 1 7 O O o O 0 O O w o 0 0 O o 0 o O O O Q 1 0 1 0 O O O O 0 o a- 00 O 0 O O O O Cl O 1 > 1 I m H H 1 1 fL q q 1 I 1 1 W w fr fA 1 1 J w W W z Z 1 1 Q Q F F W H 1 F U Q Q W F I I J z Z 1 1 J W E 2 H 1 W i w } } } J F Q } I w z W W W J Q fL F 1 1 W w O F J J fY w Y fN I I Z H Q QY 1 J J W W E H Q 1 1 q O Z F > ]C 2 O w H H 1 w I W 0 O Q y > z > > Q' W fY F Y F ]L H z I O W 1 Q W ]C z O W 00 O Q U W •• OL I q E 1 J W J Q Q 00 3 W H O ON O Y I z Q I Z >- J J O F 2 fY U 2 Ln LL Z I W Z 1 O y W U (N J J fY 2 W F H •• H Q 1> 1 0 q q 3 J W w W W O z ^ Q F J 00 J 00 I w J O O W F W 2 2 F J fL (A ]L Q 1 W O O fY ]C 0' d U U W d 2 W N W z U O 1 1 q z 3 0Y Q w J Q Q J S cn G F oc Q LD 1 J w F Q J Q O O O O H Z H O w O ^ CY 1 1 Q Q Q 00 00 00 U U U U U Q W LL LL LL H Q Q 1 o F LL I 1 N J Z 1 1 H NO 00 r O r M 00 r H O` H \T 00 O M \ V H y 1 w 1 r 00 Ln 0 0 M M 10 # 10 0 Ln H 00 M -IT 00 �T "T O J 1 p 1 Ln b 00 00 r H N N 00 00 0 �O -IT IT #O .--1 M Or J I 00 I .r M Ln N Lf) M Ln Lit Ln Ln Lf) IT \ E W I z Z l 0CDQ3 1 W 1 H J 1 > W E LL O I 1 P o .-+ N M 'T Ln r 00 O% o H N M #T w Q O O 1 1 00 Os O, O% O% 0% O% 0% 0% O, 0% O O O O O Q ad 1 ]C 1 N N N N N N N N N N N M M M M M fL f9 >- he 1 U I Ol 0% O, O% ON O% ON 0% m C, Ol G, O• 0% Ol O, W O F Z 1 W O 1 00 00 00 00 00 00 00 00 00 00 OD 00 00 00 00 00 r 35 ce w"Q 12Z 1 <a fL fL U W I U 1 # N-.T 00 1 1 O N 1 1 r o r-1 O O O O O O O O O O O O O O \ 1 ]L J 1 Ln N H O 0 O O O O O O O 0 O O o 0 H 1 U Q 1 I w F- 1 N 00 0% O O O Ln Ln Ln r O O Ln 0 0 0 0 O 1= O 1 0h Ln N O O O r r r r- b O M O O O O w N Q' I U F 1 O ()N o O o p (D W 1 1 ^ Q 00 a E 1 1 O Z 1 1 H 1 1 w w 1 1 a O 1 1 a (Dw I F-Z zw 1 ZH 1 F I O F I Z 1 F W 1 cc I rrrr CD CD '.., 00 00 00 00 00 op 00 00 00 00 00 00 00 00 O 1 \ 1 L1 Lfl NN OO OO oo OO 00 OO 00 00 0o OO 00 00 00 00 U1 W U 1 . . . . . . . . . . . . . . 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F- o Q N (•0 } } I q \ Z 0q no I �7 M I-•1 I N r i .•� .-� 2' F- AAA 1 Z � \ M w Z H w W I Q Z I Ox PO0 F-F- I wO 1 H(IJ x0WQQ =D U W W 0 l F- I M •• ZUN(90_ 1 a. I w x Q=) U 7 I * H 1 an d 0_ 1 N d' I <W 0 n.aa I zu 1 0-0 0 »> I QN I WO W 000 1 WLU I MW U' WWW 0_d C90 UI 0 0 Ln r 0 '-1 Z Z w oa O o � H 0 ^N 0L \ W 00 Z rl q \ H � w O J 000 or r r 00 Ln O 00 Ln 0 0 0 O O O 0 0 0 O O 0 O .-I O H Ln v .a O 0 IA '-I 0 O O� M IA Ln 0 0 O 0 N H !' \ F- O x .-1 U O > o 0 x x 0 U I COUNCIL/RDA MEETING DATE: November 2, 2010 ITEM TITLE: Approval to Excuse Investment Advisory Board Member Frank Blum's Absence from the November 9, 2010 Joint Meeting with City Council and the November 10, 2010 Investment Advisory Board Meeting RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: Z STUDY SESSION: PUBLIC HEARING: Approval to excuse Investment Advisory Board Member Frank Blum's Absence from the November 9, 2010 Joint Meeting with the City Council and the November 10, 2010 Investment Advisory Board Meeting. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The La Quinta Municipal Code, Section 2.06.020(B) includes the statement: "A board or commission member may request advance permission from the City Council to be absent at one or more regular meetings due to extenuating circumstances. If such permission or excuse is granted by the City Council, the absence shall not be counted toward the above -stated limitations on absences." Staff has discussed this section with all board members and, in response, Investment Advisory Board Member Blum has requested of the City Council to be excused from the November 9, 2010 Joint Meeting with the City Council and the November 10, 2010 meeting. The request is being made prior to the meeting, as noted in Attachment 1. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve Investment Advisory Board Member Blum's request to be excused from the from the November 9, 2010 Joint Meeting with the City Council and the November 10, 2010 Investment Advisory Board Meeting; or 2. Deny Investment Advisory Board Member Blum's request; or 3. Provide staff with alternative direction. Respectfully submitted, John M. Falconer, Finance Director Approved for submission by: .44 'Thomas P. Genovese, City Manager Attachment: 1. Request from Investment Board Member Blum 2 ATTACHMIENT 1 October 14, 2010 John Falconer CITY OF LA QUINTA 78495 Calle Tampico La Quinta, CA 92253 RE: Request for Excused Absence: Investment Advisory Board Meeting November 10, 2010 Dear John: Due to a scheduling conflict I am unable to attend the joint City Council/Investment Advisory Board meeting on November 91h and the November 10`" Investment Advisory Board meeting. Therefore, I respectfully request an excuse from these two meetings. Thank you in advance for your consideration in the above request. Sincerely, Frank Blum COLDWEL BANKER COMMERCIAL LYLE ASSOC. 78000 Fred Waring, Suite 200 Palm Desert, CA 92211 (760)701-9146 fblumgdc.rr.com fblumgcbclyle.net 3 COUNCIL/RDA MEETING DATE: November 2, 201 0 ITEM TITLE: Acceptance of La Quinta Fire Station 32, Project No. 2008-03, and Phase I Corporate Yard, Project No. 2007-08 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: 3 Accept Capital Improvement Project No. 2008-03, La Quinta City Fire Station 32 and Project No. 2007-08, Phase I Corporate Yard; Authorize the City Clerk to file a Notice of Completion with the office of the County Recorder; and Authorize the release of retention funds held by the City thirty-five (35) days after the Notice of Completion is recorded; and Authorize an additional appropriation from the Fire Trust Fund of $290,157 for the project closeout. FISCAL IMPLICATIONS: The following is a budget summary: Project Budget Total $7,259,674 Amount Spent Through 10/27/10 $ 6,463,598 Project Budget Amount Available $796,076 Less Remaining Fiscal Commitment/Retention ($565,582) Less Estimated Other Commitments ($520,651) Project Budget Amount Remaining After Construction Efforts ($290,157) An additional appropriation from the Fire Trust Fund of $290,157 is required for the project closeout. The need for additional funding can be attributed to expanding the original scope of the project for landscaping, asphalt paving, lighting and certain utility changes that were required by the Imperial Irrigation District. The project was funded through the Fire Trust Fund, the Fire Development Impact Fee (DIF), and the Maintenance Facility DIF. Since the Fire DIF and the Maintenance Facility DIF were not completely funded, it was necessary for the General Fund and the Fire Trust Fund to make advances to those funds in order to complete the construction. Outstanding advances amounts are charged interest on a quarterly basis using the City's monthly pooled earnings rates for that particular quarter. The City Council previously authorized up to $2,033,687 to be advanced from the General Fund Reserve to the Maintenance Facility DIF and up to $1,487,500 to be advanced from the Fire Trust Fund to the Fire DIF Fund. Listed below are the contractors for the project and the amount of retention that will be held until 35 days after the Notice of Completion is recorded: Retention Other Commitments Davis Reed $324,065.00 $34,488.00 James A. Shirley: 36,950.00 0.00 TSJ/Masters: 65,308.70 39,367.19 Arrowhead Mech: 14,500.00 4,368.60 JPI Dev: 13,900.00 0.00 Lozano: 23,770.00 4,013.86 Kincaid: 2,377.56 0.00 Desert Concepts: 24,589.80 68,552.97 Del's Flooring: 7,659.80 5,018.40 Mike Cox Elect: 34,849.90 227,880.00 Weaver: 17,612.20 36,962.00 Miscellaneous 0.00 100,000.00 TOTAL: $565,582.96 $520,651.02 CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On October 6, 2009 the City awarded multiple contracts for construction of La Quinta Fire Station 32 and Phase I of the Corporate Yard. City staff has determined that the project is complete and is in compliance with the plans and specifications. Prior to filing the Notice of Completion, the City must formally accept the project and authorize the City Clerk to file the Notice of Completion. FINDINGS AND ALTERNATIVES: The alternatives available to the Council include: 1 . Accept Capital Improvement Project No. 2008-03, La Quinta Fire Station 32 and Project No. 2007-08, Phase I of the Corporate Yard; Authorize the City Clerk to file a Notice of Completion with the office of the County Recorder; Authorize the release of retention funds held by the City, 35 days after the Notice of Completion is recorded; and Authorize an additional appropriation from the Fire Trust Fund of $290,157 for the project closeout; or, 2. Do not accept the projects as complete; or 3. Provide staff with alternative direction. Respectfully submitted, Tom Hartung Director of Building and Safety Approved for submission by: /Ar /�/ /1 4 A C& 71 V", T-fio'nl/as P. Genovese, City Manager COUNCILIRDA MEETING DATE: November 2, 2010 ITEM TITLE: Accept a Quitclaim Deed From the Coachella Valley Water District for Real Property in the Washington Street Right -of -Way APN 770-010-013 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: It - STUDY SESSION: PUBLIC HEARING: Accept a Quitclaim Deed from the Coachella Valley Water District for real property in the Washington Street right-of-way APN 770-010-013 and authorize the City Manager to execute the acceptance of the Deed. FISCAL IMPLICATIONS: The City already maintains this portion of Washington Street so no additional fiscal impacts are associated with this action. The estimated property value is $15,000. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Staff discovered that the parcel of land identified as APN 770-010-013 (Attachment 1) located within the Washington Street right-of-way north of Calle Tampico and south of the La Quinta Evacuation Channel is owned by the Coachella Valley Water District (CVWD). Staff contacted CVWD regarding their current need for this parcel. CVWD staff reviewed right-of-way maps and improvement plans for the La Quinta Evacuation Channel and concluded that this parcel was part of an old alignment for the channel. Therefore, it is no longer needed by CVWD. Staff recommends that the quit claim deed (Attachment 2) be accepted. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Accept a Quitclaim Deed from the Coachella Valley Water District for real property in the Washington Street right-of-way APN 770-010-013 and authorize the City Manager to execute the acceptance the Deed; or 2. Do not accept a Quitclaim Deed from the Coachella Valley Water District for real property in the Washington Street right-of-way APN 770-010-013; or 3. Provide staff with alternative direction. Respectfully submitted, mothy . J na so , P.E. Public W Dir or/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . APN 770-010-013 GIS Aerial 2. Quit Claim Deed Riverside County GIS RIVERSIDE COUNTY GIS ATTACHMENT 1 Selected parcel(s): 770-010-013 "IMPORTANT' Maps and data are to be used for reference purposes only. Map features are approximate, and are not necessarily accurate to surveying or engineering standards. The County of Riverside makes no warranty or guarantee as to the content (the source is often third party), accuracy, timeliness, or completeness of any of the data provided, and assumes no legal responsibility for the information contained on this map. Any use of this product with respect to accuracy and precision shall be the sole responsibility of the user. REPORT PRINTED ON...Thu Oct 28 14:57:26 2010 Version 100826 http://www3.tlma.co.riverside.ca.us/pa/rclis/NoSelectionPrint.htm 10/28/2010 No Recording Fee Required Per Government Code Section 27383 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: ATTACHMENT 2 COACHELLA VALLEY WATER DISTRICT Post Office Box 1058 Coachella, California 92236 Copy to: CITY OF LA QUINTA Post Office Box 1504 La Quinta, CA 92247-1504 APN: 770-010-013 (Space above this line for Recorder's Use) QUITCLAIM DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, COACHELLA VALLEY WATER DISTRICT, a public agency of the State of California, does hereby remise, release and forever quitclaim to CITY OF LA,QUINTA, a California municipal corporation and chanter city, that certain real property located in the City of La Quinta, County of Riverside, State of California, described as follows: All of that real property acquired via Corporation Grant Deed recorded on January 18, 1982, in Book 1982, Page 9879 as Instrument Number 9879, Official Records of Riverside County, State of California. STATE OF CALIFORNIA ) ss. COUNTY OF RIVERSIDE ) On before me, personally appeared who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal. Notary Public in and for said State COACHELLA VALLEY WATER DISTRICT Its Date `PTIM t7 CVWD-571 (Rev. I l/081,. 4i 0 COUNCIL/RDA MEETING DATE: November 2, 2010 ITEM TITLE: Adoption of Resolution to 1) Receive the Redevelopment Agency's Report to the City Council for the Proposed Fifth Amendment to the Redevelopment Plan for La Quinta Redevelopment Project Area No. 2; and 2) Consent to a Joint Public Hearinq with the Redevelopment Aqencv RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the La Quinta City Council accepting the Redevelopment Agency's Report to City Council for, and consent to a joint public hearing with the Redevelopment Agency on January 18, 2011 regarding the Fifth Amendment to the La Quinta Redevelopment Project Area No. 2. FISCAL IMPLICATIONS: Expenditures for the Fifth Amendment have been budgeted in the Redevelopment Agency's 2010-1 1 budget and include costs for processing the Fifth Amendment. BACKGROUND AND OVERVIEW: The La Quinta Redevelopment Agency ("Agency") has proposed an amendment to the Redevelopment Plan for La Quinta Redevelopment Project Area No. 2 ("Redevelopment Plan") for the purposes of adding a 73 unit apartment complex and two vacant parcels ("Fifth Amendment") to La Quinta Redevelopment Project Area No. 2 ("Project Area No. 2"). Combined, these contiguous properties are 12.42 acres in size and are located east of Washington Street and south of Hidden River Road ("Added Area"); they were annexed into the City of La Quinta in December 2007. The Agency owns the vacant parcels and apartment complex, and intends to rehabilitate the apartment complex and construct up to 68 new apartment homes on the vacant parcels. The existing apartment complex includes 72 rent restricted units occupied by very -low and low-income senior and handicapped households and a manager's unit. The new apartment homes would be slated for the same type of households. S The California Redevelopment Law ("CRL") mandates that the Agency secure 2,307 affordable dwellings. These dwellings must feature covenants to insure that they remain affordable to very -low, low- or moderate -income households for 45 to .4. 55 years (55 years for rental -units and 45 years for owner -occupied units). To date, the Agency has secured, or is in the process of securing, 1,507 units. The properties in the Added Area would contribute to this effort. Per the CRL, a redevelopment agency must produce two affordable units for every one unit it receives credit for, if the properties are located outside of a redevelopment agency's redevelopment project area; the redevelopment agency receives a one for one credit if the dwellings are located in a project area. In order to receive one for one unit credit for the proposed Added Area's existing and proposed affordable units, the Agency is proposing to amend the Redevelopment Plan and add the properties to Project Area No. 2. Project Area No. 2 was established in 1989. Section 33320.2 of the CRL states that an unblighted, noncontiguous area may be included in a project area if it is being used predominantly for the construction and rehabilitation of low- or moderate -income housing, as long as that area is not included for the purpose of obtaining tax increment and the redevelopment agency will not use the power of eminent domain in that area. The proposed Added Area will meet these provisions. In addition, the RDA's eminent domain authority in Project Area No. 2 expired in May 2001. To date, a number of steps have been completed in the amendment process. In July 2008 the Planning Commission approved the Preliminary Plan for the Fifth Amendment and authorized its transmittal to the Agency, who approved the Preliminary Plan in July 2008. The Added Area was a part of the Riverside County Desert Communities Project Area Palm Desert Sub -Area. In May 2010 the Board of Supervisors of the County of Riverside approved the detachment of the Added Area, including the filing of a Negative Declaration, so that the Agency could move forward to add the Added Area into Project Area No. 2. On October 12, 2010, the Planning Commission made a report and recommendation that the proposed Fifth Amendment is in conformance with the General Plan. Amended and Restated Redevelopment Plan Attachment 1 to this staff report is draft text of the Amended and Restated Redevelopment Plan for Project Area No. 2 ("Amended and Restated Plan"). The Amended and Restated Plan incorporates changes from the Fifth Amendment and from four prior amendments that were approved and recorded by ordinance but were never incorporated into the text. Changes made to the original Redevelopment Plan are marked in the Amended and Restated Plan with strikethrough (deleted text) and underline (new text). The following change has been incorporated into the Amended and Restated Plan for the Fifth Amendment: • Incorporates the Added Area into the Redevelopment Plan for the purpose of developing and substantially rehabilitating low- to moderate -income housing.-� �3 The Added Area has its own time and financial limits based on the date the ordinance adopting the Fifth Amendment is approved. The following changes have been incorporated from four prior amendments that were not incorporated into the existing plan text: • Incorporates changes from the Fourth Amendment (adopted on March 16, 2004 by Ordinance No. 404) repealing the time limit to incur loans, advances and indebtedness. • Incorporates changes from the Third Amendment (adopted March 16, 2004 by Ordinance No. 403) increasing the duration of the Redevelopment Plan's effectiveness by one year. • Incorporates changes from the Second Amendment (adopted on February 3, 2004 by Ordinance No. 399) increasing the limit on the number of tax dollars which may be allocated to the Agency from Project Area No. 2 to $1.5 billion. • Incorporates changes from the First Amendment (adopted on December 20, 1994 by Ordinance No. 259) to change the time limit on when the Agency may repay loans, advances and indebtedness and receive property tax increment to ten (10) years from the termination of the effectiveness of the Redevelopment Plan. (The First Amendment also changed the time limit on when the Agency may incur loans, advances and indebtedness; however this time limit was repealed by the Fourth Amendment as noted above.) Report to City Council Attachment 2 is the Redevelopment Agency's Report to the City Council for the Fifth Amendment ("Report"). Sections 33352 and 33457.1 of the CRL require that when the Redevelopment Agency submits the Fifth Amendment to the City Council, it must be accompanied by a report containing, to the extent warranted by the Fifth Amendment, specific information regarding the amendment. The Report provides information, documentation, and evidence to assist the City Council and Agency with their consideration of the Fifth Amendment and in making various determinations in connection with its adoption. The general public and affected taxing entities may review this document to learn more about the intended purposes and implications of the Fifth Amendment. Joint Public Hearing Prior to the City Council's consideration of the ordinance approving the Fifth Amendment, a joint public hearing will be held to hear all testimony for and against the proposed action. The CRL requires public hearings by both the Agency and the City Council, which may be consolidated as a single joint hearing with each body's consent. The resolution attached to this staff report accepts the Report and sets the date and time for a joint public hearing with the Agency on the Fifth Amendment, to be held on January 18, 2011. The CRL requires notice of the joint public hearing ("Public Hearing Notice") to be published in a newspaper of general circulation not less than once a week for four consecutive weeks prior to the hearing. The Public Hearing Notice will also be mailed to all property owners, business owners, residential tenants, community organizations and taxing agencies within Project Area No. 2 and Added Area at least 30 days prior to the hearing. The Public Hearing Notice will also advertise a community meeting that will be held on January 10, 2011 to provide the public with a further opportunity to participate in the process. FINDINGS AND ALTERNATIVES: 1. Adopt a Resolution of the La Quinta City Council accepting the La Quinta Redevelopment Agency's Report to the City Council for the Fifth Amendment to the Redevelopment Plan for La Quinta Redevelopment Project No. 2 and consenting to a joint public hearing on January 18, 201 1; or 2. Do not adopt Resolution of the La Quinta City Council accepting the La Quinta Redevelopment Agency's Report to the City Council for the Fifth Amendment to the Redevelopment Plan for La Quinta Redevelopment Project No. 2 and consenting to a joint public hearing; or 3. Provide staff with alternate direction. Respectfully submitted, Douglas R. E ns, Assistant City Manager — Development Services Approved for submission by: ,. Thomas P. Genovese, City Manager Attachments: 1. Draft Amended and Restated Redevelopment Plan 2. Report to Council I 8 RESOLUTION NO. A RESOLUTION OF THE LA QUINTA CITY COUNCIL ACCEPTING THE LA QUINTA REDEVELOPMENT AGENCY'S REPORT TO THE CITY COUNCIL FOR THE FIFTH AMENDMENT TO THE LA QUINTA REDEVELOPMENT PROJECT AREA NO. 2 AND CONSENTING TO A JOINT PUBLIC HEARING WHEREAS, the City Council of the City of La Quinta ("City Council") approved and adopted the Redevelopment Plan for Redevelopment Project Area No. 2 ("Redevelopment Plan"), by Ordinance No. 139 on May 16, 1989, as amended by Ordinance No. 259 on December 20,1994 and Ordinance No. 399 on February 3, 2004, Ordinance No. 403 on March 16, 2004 and Ordinance No. 404 on March 16, 2004; and WHEREAS, the La Quinta Redevelopment Agency ("Agency") has prepared a proposed Fifth Amendment to the Redevelopment Plan ("Fifth Amendment") to add approximately 12.42 acres to the La Quinta Redevelopment Project Area No. 2 ("Project Area"); and WHEREAS, the Agency has prepared a Report to the City Council ("Report") on the proposed Amended and Restated Plan for Project Area No. 2 ("Amended and Restated Plan ") that includes all information required by Sections 33352 and 33457.1 of California Community Redevelopment Law, Health and Safety Code Section 33000, et. seq ("CRL"); and WHEREAS, the Agency adopted Resolution No. _ on November 2, 2010, approving the Agency's Report on the proposed Amended and Restated Plan, and consented to and requested that the City Council call a joint public hearing of the Agency and the City Council to consider and act upon the Fifth Amendment to the Amended and Restated Plan; and WHEREAS, pursuant to Section 33458 of the CRL, a joint public hearing on the Redevelopment Plan may be held with consent of the Agency and City Council. NOW, THEREFORE, THE LA QUINTA CITY COUNCIL DOES HEREBY RESOLVE, ORDER, AND DETERMINE AS FOLLOWS: Section 1. The City Council hereby acknowledges receipt of the Agency's Report on the proposed Amended and Restated Plan. -1- Resolution No. Accepting Report to the City Council and Consenting to a Joint Public Hearing for the Fifth Amendment to the Redevelopment Plan for Redevelopment Project Area No. 2 Adopted: Page 2 Section 2. The City Council hereby consents to a joint public hearing with the Agency on January 18, 2011 at 7:00 p.m. for the purpose of considering the proposed Fifth Amendment. Section 3. Staff is authorized and directed to give notice of the joint public hearing and make such transmittals as may be required pursuant to Sections 33451.5 and 33452 of the CRL. PASSED, APPROVED, AND ADOPTED at a regular meeting of the La Quinta City Council held this day of 2010, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: VERONICA MONTECINO, CIVIC, City Clerk City of La Quinta, California APROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California ATTACHMENTS 1 & 2: Adoption of Resolution to 1) Receive the Redevelopment Agency's Report to the City Council for the Proposed Fifth Amendment to the Redevelopment Plan for La Quinta Redevelopment Project Area No. 2; and 2) Consent to a Joint Public Hearing with the Redevelopment Agency y0J ATTACHMENT 1 LA QUINTA REDEVELOPMENT AGENCY 78-495 CALLS TAMPICO, LA QUINTA, CA 92253 AMENDED AND RESTATED REDEVELOPMENT PLAN La Quinta Redevelopment Project Area No. 2 2010 '10 ROSENOW SPEVACEK GROUP INC. SectionI. (100) Introduction..................................................................................................1 SECTION II. (200) GENERAL DEFINITIONS...........................................................................1 SECTION III. (300) PROJECT AREA BOUNDARIES..............................................................2 SECTION IV. (400) REDEVELOPMENT PLAN OBJECTIVES................................................2 SECTION V. (500) REDEVELOPMENT ACTIONS..................................................................3 A. (501) General............................................................................................................... 3 B. (502) Property Acquisition. ................................................ ............ ...... .......... .... . 4 1. (503) Acquisition of Real Property ..................................................... ............ 4 2. (504) Acquisition of Personal Property ........................... ........... ........ ............ _...... .4 1. (506) Owner and Tenant Participation....................................................................4 2. (507) Participation Agreements..................................................................... ........4 (508) Certificates of Conformance.....................................................................................5 E. (509) Cooperation with Public Bodies................................................................ _ 5 F. (510) Property Management.................................................................................. .. 5 G. (511) Payments to Taxing Agencies to Alleviate Financial Burden .............................. 5 H. (512) Relocation of Persons Displaced by a Redevelopment Project ................ .... .6 1. (513) Relocation Program............................................................................ _ _. 6 2. (514) Relocation Benefits and Assistance... ............................... ...... . 7 I. (515) Demolition, Clearance, Public Improvements, and Site Preparation ................ .7 J. (519) Rehabilitation and Moving of Structures by the Agency ............................ _.... 7 K. (522) Property Disposition and Development. .... __ ....... _ .................. ......... _ .8 L. (528) Provision for Low and Moderate Income Housing ............................. ... _.. 10 SECTION VI. (600) USES PERMITTED IN PROJECT AREA NO. 2......................................12 A. (601) Map and Uses Permitted................................................................ ...._ 12 B. (602) Major Land Uses ....... ........... .............. ......... .............. ................ ........ :.... ..... 12 C. (603) Public Uses.................................................................... .............._. _ 12 D. (606) Conforming Properties.. .............. ......... _ ......... 13 E. (607) Nonconforming Uses........................................................................ ...... . _ 13 F. (608) Interim Uses.......................................................................................... 13 G. (609) General Controls and Limitations.............................................................. ..... 14 I. (622) Building Permits.......................................................................................... _.16 SECTION VII. (700) METHODS FOR FINANCING THE PROJECT.........................................16 A. (701) General Description of the Proposed Financing Methods ......................... 16 B. (702) Tax Increments............................................................................................... 17 C. (703) Agency Bonds........................................................................................... .... 18 D. (704) Other Loans and Grants................................................................................... 18 E. (705) Rehabilitation Loans. Grants, and Rebates .............................................. 19 SECTION VIII. (800) ACTIONS BY THE CITY.......................................................................19 SECTION IX. (900) ADMINISTRATION AND ENFORCEMENT.............................................19 SECTION X. (1000) DURATION OF THIS PLAN...................................................................20 SECTION XI. (1100) PROCEDURE FOR AMENDMENT......................................................... 20 EXHIBITS EXHIBIT A REDEVELOPMENT PLAN MAP EXHIBIT B PROJECT AREA BOUNDARIES EXHIBIT C PROPOSED REDEVELOPMENT PROJECTS ROSENOW SPEVACEK GROUP INC. SECTION I. (100) INTRODUCTION This is the Amended and Restated Redevelopment Plan for the La Quinta Redevelopment Project Area No. 2 located in the City of La Quinta, County of Riverside, State of California. This Plan consists of the text (sections 100 through 1100), the Redevelopment Plan Map (Exhibit A), the legal descriptions of the Project Area No. 2 Boundaries (Exhibit B) and a listing of the proposed public agency redevelopment projects (Exhibit C). This Amended and Restated Redevelopment Plan has been prepared by the La Quinta Redevelopment Agency pursuant to the Community Redevelopment Law of the State of California (Health and Safety Code Section 33000, et. seq.), the California Constitution and all applicable laws and ordinances. It provides the Agency with powers, duties and obligations to implement and further the program generally formulated for the redevelopment, rehabilitation and revitalization of Project Area No. 2. This Plan does not present a specific plan for the redevelopment, rehabilitation and revitalization of any area within Project Area No. 2. Instead, it establishes a process and framework for implementation. This Amended and Restated Redevelopment Plan is based upon the Redevelopment Plan adopted by the City Council by Ordinance No. 139 on May 16 1989 as amended five times by Ordinance No. 259 on December 20 1994 Ordinance No. 399 on February 3 2004, Ordinance No. 403 on March 16 2004 Ordinance No. 404 on March 16 2004 and Ordinance No. [tbdl on [date tbdl. SECTION II. (200) GENERAL DEFINITIONS The following definitions will be used generally in the context of this Amended and Restated Redevelopment Plan unless otherwise specified herein: A. "Added Area" means the territory added to Proiect Area No. 2_by a fifth amendment to the Redevelopment Plan per Ordinance No. [tbdl on [date tbdl. B. "Agency" means the La Quinta Redevelopment Agency. C. "Agency Board" means the governing body of the La Quinta Redevelopment Agency. D. "City" means the City of La Quinta, California. E. "City Council' means the City Council of the City of La Quinta, California. F. "County" means the County of Riverside, California. G. "Disposition and Development Agreement" means the contractual agreement between the owner participant and/or developer that sets forth terms and conditions for redevelopment. H. "Map" means the Redevelopment Plan Map, attached hereto as Exhibit A. I. "Original Area" means the territory within the original Proiect Area No. 2 boundaries established by Ordinance No. 139 on May 16, 1989. }o. J. "Person" means an individual(s), or any public or private entities. K. "Plan" means the Amended and Restated Redevelopment Plan for the La Quinta Redevelopment Project Area No. 2. L. "Planning Commission" means the Planning Commission of the City of La Quinta, California. M. "Project Area No. 2" means the territory this Plan applies to as shown on Exhibit A, which includes both the Original and Added Areas. N. "Redevelopment Law" means the Community Redevelopment Law of the State of California (California Health and Safety Code, Sections 33000 et. seq.) as it now exists or is hereafter amended. O. "State" means the State of California. SECTION III. (300) PROJECT AREA NO. 2 BOUNDARIES The boundaries of Project Area No. 2 are illustrated on the Map attached hereto and incorporated herein as Exhibit A. Project Area No 2 consists of the Original Area and the Added Area. The legal descriptions of the boundaries of the Project Area is Original and Added Areas are as described in Exhibit B, attached hereto and incorporated herein. SECTION IV. (400) REDEVELOPMENT PLAN OBJECTIVES Implementation of this Plan is intended to achieve the following objectives: A. To remedy, remove, and prevent physical blight and economic obsolescence in Project Area No. 2 through implementation of the Plan. B. To expand the commercial base of the community. C. To encourage the cooperation and participation of residents, business, business persons, public agencies and community organizations in the redevelopment/revitalization of Project Area No. 2. D. To upgrade the general aesthetics of the commercial enterprises to improve their economic viability. E. To provide for the expansion, renovation and relocation of businesses within Project Area No. 2 to enhance their economic viability. To improve and/or provide electric, gas, telephone, water, and wastewater facilities to both developed and subdivided undeveloped properties within Project Area No. 2. F. To recycle and/or develop underutilized parcels to accommodate higher and better economic uses, improving the financial viability of the City. G. To address inadequate street improvements and roads that vary in width and degree of improvement as they cross Project Area No. 2. 2 H. To alleviate inadequate drainage improvements that constrain the development of various parcels in Project Area No. 2, the cost of which cannot be borne by private enterprise acting alone. I. To address parcels of property that are inadequately sized for proper usefulness and development and which are held in divided and widely scattered ownerships. J. To remedy depreciating property values and impaired investments. K. To provide opportunities and mechanisms to increase sales tax, business license tax and other revenues to the City. SECTION V. (500) REDEVELOPMENT ACTIONS A. (501) General The Agency proposes to eliminate and prevent the spread of blighting influences, and to strengthen the economic base of Project Area No. 2, and the community through: 1. The installation, construction, reconstruction, redesign, or reuse of streets, utilities, curbs, gutters, sidewalks, traffic control devices, flood control facilities and other public improvements. 2. The rehabilitation, remodeling, demolition or removal of buildings, structures and improvements. 3. The rehabilitation, development or construction of affordable housing in compliance with State law. 4. Providing the opportunity for participation by owners and tenants presently located in Project Area No. 2 and the extension of preferences to occupants desiring to remain or relocate within the redeveloped Project Area. 5. Providing relocation assistance to displaced residential and nonresidential occupants. 6. The development or redevelopment of land by private enterprise or public agencies for purposes and uses consistent with the objectives of this Plan. 7. Managing of any property acquired by the Agency. 8. Assisting in providing financing for the construction of residential, commercial and industrial buildings to increase the residential, commercial and industrial base of the City and surrounding area, and the number of temporary and permanent jobs in the City and surrounding area. 9. To accomplish these actions and to implement this Plan, the Agency is authorized to use all the powers provided in this Plan and all powers now or hereafter permitted by law. M, 0 99 B. (502) Property Acquisition 1. (503) Acquisition of Real Property The Agency may acquire real property by any means authorized by law, including by gift, grant, exchange, purchase, cooperative negotiations, lease or any other means authorized by law The Agency may acquire structures without acquiring the land upon which those structures are located. The Agency may acquire any interest in real property. The Agency shall not acquire property to be retained by an owner pursuant to a participation agreement if the owner fully performs under the agreement. The Agency shall not acquire real property on which an existing building is to be continued on its present site and in its present form and use without the consent of the owner, unless, (1) such building requires structural alterations, improvement, modernization, or rehabilitation, or (2) the site or lot on which the building is situated requires modification is size, shape or use, or (3) it is necessary to impose upon such property any of the standards, restrictions and controls of this Plan and the owner fails or refuses to participate in the Plan by executing a participation agreement. 2. (504) Acquisition of Personal Property Where necessary in the execution of this Plan, the Agency is authorized to acquire personal property in Project Area No. 2 by any lawful means. C. (505) Participation by Owners and Tenants (506) Owner and Tenant Participation The Agency shall promulgate rules for owner and tenant participation which may be amended from time to time. The Agency shall consider reasonable preference to persons who are owners or tenants in Project Area No. 2 to continue in or re-enter the redeveloped area if they otherwise meet the requirements prescribed by this Plan and the Agency's rules governing owner participation and re-entry; such rules allow for "Owner Participation Agreements" with the Agency. The Agency desires participation in redevelopment by as many owners and business tenants as possible. However, participation opportunities shall necessarily be subject to and limited by such factors as the expansion of public facilities; elimination and changing of land uses; realignment of streets; the ability of the Agency and/or owners to finance acquisition and development in accordance with this Plan; and any reduction in the total number of individual parcels in Project Area No. 2. 2. (507) Participation Agreements Under a participation agreement the participant shall agree to rehabilitate, develop, or use the property in conformance with the Plan and be subject to the provisions hereof. In the agreement, participants who retain real property shall be required to join in the recordation of ».,` J 96 4 such documents as are necessary to make the provisions of this Plan applicable to their properties. In the event a participant breaches the terms of a participation agreement, the Agency shall declare the agreement terminated and may acquire the real property or any interest therein. Where the Agency determines that a proposal for participation is not feasible, is not in the best interests of the Agency or City, or that redevelopment can best be accomplished without affording an owner or tenant an opportunity to execute a participation agreement, the Agency shall not be required to execute such an agreement with that owner or tenant. (508) Certificates of Conformance The Agency is authorized to make determinations of those properties which conform to this Plan, If such a determination is made by the Agency, the Agency may issue a Certificate of Conformance to qualifying properties and such property will not be subject to acquisition by eminent domain under this Plan so long as the property continues to conform to this Plan and to such further terms and conditions as the Agency may require, by conditioning the issuance of a Certificate of Conformance as necessary or appropriate to carry out this Plan. E. (509) Cooperation with Public Bodies Certain public bodies are authorized by State law to aid and cooperate with or without consideration, in the planning and implementation activities authorized by this Plan. The Agency shall seek the aid and cooperation of such public bodies and shall attempt to coordinate Plan implementation activities with the activities of such public bodies in order to accomplish the purposes of redevelopment and the highest public good. The Agency, by law, is not authorized to acquire real property owned by public bodies without consent of such public bodies. The Agency, however, shall seek the cooperation of all public bodies which own or intend to acquire property in Project Area No. 2. Any public body which owns or leases property in Project Area No. 2 will be afforded all the privileges of owner and tenant participation if such public body is willing to enter into a participation agreement with the Agency. All plans for development of property in Project Area No. 2 by a public body shall be subject to Agency approval. The Agency may impose on all public bodies the planning and design controls contained in and authorized by this Plan ensure that present uses and any future development by public bodies will conform to the requirements of this Plan. The Agency is authorized to financially (and otherwise) assist to public entity in the cost of public land, buildings, facilities, structures or other improvements (within or outside Project Area No. 2) which land, buildings, facilities, structures, or other improvements are of benefit to the Project. F. (510) Property Management During such time as property if any, in Project Area No. 2 is owned by the Agency, such property shall be under the management and control of the Agency. Such property may be rented or leased by the Agency pending its final disposition for redevelopment. G. (511) Payments to Taxing Agencies to Alleviate Financial Burden As provided for in Health and Safety Code Section 33401, the Agency may pay an amount of money in lieu of taxes in any year during which it owns property in Project Area No. 2. Such payment shall be made directly to the City, County or special district, including, but not limited raCr r to, a school district, or other public corporation for whose benefit a tax would have been levied upon such property had it not been exempt. A proportionate share of any amount of money paid by the Agency to any city and county pursuant to this subdivision shall be disbursed by the city and county to any school district with territory located within a redevelopment project area in the city and county. "Proportionate share", as used in this section, means the ratio of the school district tax rate, which is included in the total tax rate of the city and county. The Agency may also pay to any taxing agency with territory located within a project area other than the community which has adopted the project, any amounts of money which the Agency has found are necessary and appropriate to alleviate any financial burden or detriment caused to any taxing agency by a redevelopment project. The payments to a taxing agency in any single year shall not exceed the amount of property tax revenues which would have been received by that taxing agency if all the property tax revenues from Project Area No. 2 had been allocated to all the affected taxing agencies without regard to the division of taxes required by Section 33670, except that a greater payment may be established by agreement between the Agency and one or more taxing agencies, except a school district, if the other taxing agencies agree to defer payments of one or more years in order to accomplish the purposes of the project at an earlier time than would otherwise be the case. The amount of any greater payments shall not exceed the amount of payment deferred. The payments shall be approved by a resolution, adopted by the Agency, which shall contain findings, supported by substantial evidence, that the redevelopment project will cause or has caused a financial burden or detriment to the taxing agency and that the payments are necessary to alleviate the financial burden or detriment. The requirement that the Agency may make payments to a taxing entity only to alleviate a financial burden or detriment, as defined in Section 33012 of the Redevelopment Law, and only after approval by a resolution which contains specified findings, shall apply only to payments made by the Agency pursuant to an agreement between the Agency and a taxing entity which is executed by the Agency on or after the effective date of amendments to Section 33401 of the Redevelopment Law enacted by the Statutes of 1984. H. (512) Relocation of Persons Displaced by a Redevelopment Project (513) Relocation Program In accordance with the provisions of the California Relocation Assistance Act (Government Code Section 7260 et. seq.) the guidelines adopted and promulgated by the California Department of Housing and Community Development (the "Relocation Guidelines") and the Relocations Rules, procedures and guidelines adopted by the Agency, the Agency shall provide relocation benefits and assistance to all persons (including families, business concerns and others) displaced by Agency acquisition of property in Project Area No. 2. Such relocation assistance shall be provided in the manner required by the Relocation Guidelines. In order to carry out a redevelopment project with a minimum of hardship, the Agency will assist displaced households in finding decent, safe and sanitary housing within their financial means and otherwise suitable to their needs. The Agency shall make a reasonable effort to relocate displaced individuals, families, and commercial and industrial establishments within Project Area No. 2. The Agency is also authorized to provide relocation for displaced persons outside Project Area No. 2. 2. (514) Relocation Benefits and Assistance The Agency shall provide all relocation benefits required by law and in conformance with the Relocation Guidelines, Relocation Assistance Act, and the Redevelopment Law. I. (515) Demolition, Clearance, Public Improvements, and Site Preparation (516) Demolition and Clearance The Agency is authorized, for property acquired by the Agency or with the approval of the owner thereof, to demolish, clear or move buildings, structures, and other improvements from any real property in Project Area No. 2 as necessary to carry out the purposes of this Plan. 2. (517) Public Improvements To the extent permitted by law, the Agency is authorized to install and construct or to cause to be installed and constructed the public improvements and public utilities (within or outside Project Area No. 2) necessary to carry out the purposes of this Plan. Such public improvements include, but are not limited to, over or underpasses, bridges, streets, curbs, gutters, sidewalks, street lights, sewers, storm drains, traffic signals, electrical distribution systems, natural gas distribution systems, cable TV systems, water distribution systems, parks, plazas, playgrounds, motor vehicle parking facilities, landscaped areas, schools, civic, cultural and recreational facilities. A list of proposed public agency redevelopment projects is set forth in Exhibit C. The Agency, with the prior consent of the City Council, may pay all or part of the value of the land for and the cost of the installation and construction of any building, facility, or other improvements which is publicly owned either within or outside Project Area No. 2 upon a determination by resolution of the Agency Board and the City Council: (1) that such buildings, facilities, structures and other improvements are of benefit to Project Area No. 2 or the immediate neighborhood in which Project Area No. 2 is located; (2) that no other reasonable means of financing such buildings, facilities, structures or other improvements are available to the City. When the value of such land or the cost of the installation and construction of such building, facility or other improvement, or both, has been, or will be, paid or provided for initially by the community or other public corporation, the Agency may enter into a contract with the City or other public corporation under which it agrees to reimburse the City or other public corporation for all or part of the value of such land or all or part of the cost of such building, facility or other improvements, or both, by periodic payments over a period of years. Any obligation of the Agency under such contract shall constitute an indebtedness of the Agency for the purposes of carrying out this Plan. 3. (518) Preparation of Building Sites The Agency may develop as a building site any real property owned or acquired by it. In connection with such development it may cause, provide, undertake or make provisions with other agencies for the installation, or construction of parking facilities, streets, utilities, parks, playgrounds and other public improvements necessary for carrying out the Plan in Project Area No. 2. J. (519) Rehabilitation and Moving of Structures by the Agency (520) Rehabilitation and Conservation q{ • "- 7 The Agency is authorized to rehabilitate and conserve, or to cause to be rehabilitated and conserved, any building or structure in Project Area No. 2 owned by the Agency. The Agency is also authorized to advise, encourage, and assist (through a loan program or otherwise) in the rehabilitation and conservation of property in Project Area No. 2 not owned by the Agency. The Agency is also authorized to acquire, restore, rehabilitate, move and conserve buildings of historic or architectural significance. It shall be the purpose of this Plan to allow for the retention of as many existing businesses as practicable and to add to the economic life of these businesses by a program of voluntary participation in their conservation and rehabilitation. The Agency is authorized to conduct a program of assistance and enforcement to encourage owners of property within Project Area No. 2 to upgrade and maintain their property consistent with this Plan and such standards as may be developed for Project Area No. 2. The extent of rehabilitation in Project Area No. 2 shall be subject to the following limitations: a. The rehabilitation of the structure must be compatible with land uses as provided for in this Plan. b. Rehabilitation and conservation activities on a structure must be carried out in an expeditious manner and in conformance with the requirements of this Plan and such property rehabilitation standards as may be adopted by the Agency and the City. c. The expansion of public improvements, facilities and utilities. d. The assembly and development of properties in accordance with this Plan. The Agency may adopt property rehabilitation standards for the rehabilitation of properties in Project Area No. 2. The Agency shall not assist in the rehabilitation or conservation of properties which, in its opinion, are not economically and/or structurally feasible. 2. (521) Moving of Structures As necessary in carrying out this Plan, the Agency is authorized to move or to cause to be moved any standard structure or building which can be rehabilitated to a location within or outside Project Area No. 2 owned by the Agency. K. (522) Property Disposition and Development (523) Real Property Disposition and Development a. (524) General For the purposes of this Plan, the Agency is authorized to sell, lease, exchange, subdivide, transfer, assign, pledge, encumber by mortgage or deed of trust, or otherwise dispose of any interest in real property. To the extent permitted by law, the Agency is authorized to dispose of real property by negotiated lease or sale without public bidding. Before any interest in real property of the Agency acquired in whole or in part, directly or indirectly with tax increment moneys is sold, leased, or otherwise disposed of for development pursuant to this Plan, such sale, lease or disposition shall be first approved by the City Council and Agency Board after public hearing. 0 1, Fi0 Except as permitted by law, no real or personal property owned by the Agency, or any interest therein, shall be sold or leased to a private person or private entity for an amount less than its fair market value, unless the Agency determines that such lesser consideration is necessary to effectuate the purposes of the Plan. The real property acquired by the Agency in Project Area No. 2, except property conveyed to it by the City, shall be sold or leased to public or private persons or entities for redevelopment and use of the property in conformance with this Plan. Real property may be conveyed by the Agency to the City and, where beneficial to Project Area No. 2, to any other public body without charge or for amount less than fair market value. All purchasers or lessees of property shall be obligated to use the property for the purposes designated in this Plan, to begin and complete redevelopment of such property within a period of time which the Agency fixes as reasonable, and to comply with other conditions which the Agency deems necessary to carry out the purposes of this Plan. During the period of development in Project Area No. 2, the Agency shall insure that all provisions of this Plan and other documents formulated pursuant to this Plan are being observed, and that development of Project Area No. 2 is proceeding in accordance with applicable development documents and time schedules. All development, whether public or private, must conform to this Plan and all applicable federal, state, and local laws, including without limitation the City's planning and zoning ordinances, building, environmental and other land use development standards; and must receive the approval of all other appropriate public agencies. b. (525) Purchase and Development Documents To provide adequate safeguards to ensure that the provisions of this Plan will be carried out and to prevent the recurrence of blight, all real property sold, leased, or conveyed by the Agency as well as all property subject to participation agreements, shall be made subject to the provisions of this Plan by leases, deeds, contracts, agreements, declarations of restrictions, provisions of the planning and zoning ordinances of the City, conditional use permits, or other means. Where appropriate, as determined by the Agency, such documents or portions thereof shall be recorded in the office of the Recorder of the County. Leases, deeds, contracts, agreements, and declarations of restrictions of the Agency may contain restrictions, covenants, covenants running with the land, rights of reverter, conditions subsequent, equitable servitudes, or any other provisions necessary to carry out this Plan. The Agency shall reserve such powers and controls in Disposition and Development agreements as may be necessary to prevent transfer, retention, or use of property for speculative purposes and to insure that redevelopment is carried out pursuant to this Plan. All property in Project Area No. 2 is hereby subject to the restriction that there shall be no discrimination or segregation based upon race, color, creed, religion, national origin, ancestry, sex, or marital status in the sale, lease, sublease, transfer, use occupancy, tenure or enjoyment of property in Project Area No. 2. All property sold, leased, conveyed, or subject to disposition and development agreements shall be expressly subject by appropriate documents to the restriction that all deeds, leases, or contracts for the sale, lease, sublease or other transfer of land in Project Area No. 2 shall contain such nondiscrimination and nonsegregation clauses as are required by law. 0 0. 1 (11I 9 c. (526) Development of Publicly Owned Improvements To the extent now or hereafter permitted by law, the Agency, with the consent of the City Council, is authorized to pay for, develop, or construct any building, facility, structure, or other improvement either within or outside Project Area No. 2 for itself or for any public body or entity to the extent that such improvement would be of benefit to Project Area No. 2. The Agency, is authorized to financially (and otherwise) assist any public entity in the cost of public land, buildings, facilities, structures or other improvements (within or outside Project Area No. 2) to the extent permitted by law. 2. (527) Personal Property Disposition For the purposes of this Plan, the Agency is authorized to sell, lease, exchange, transfer, assign, pledge, encumber, or otherwise dispose of personal property which is acquired by the Agency. L. (528) Provision for Low and Moderate Income Housing (529) Definition of Terms The terms "affordable rent," "replacement dwelling unit," "persons and families of low or moderate income" and "very low income households" as used herein shall have the meanings as defined by the Redevelopment Law and other State and local laws and regulations pertaining thereto. 2. (530) Authority Generally The Agency may, inside or outside Project Area No. 2, acquire land, donate land, improve sites, or construct or rehabilitate structures in order to provide housing for persons and families of low or moderate income. 3. (531) Replacement Housing Whenever dwelling units housing persons and families of low or moderate income, as defined by the Redevelopment Law, are destroyed or removed from the low and moderate income housing market as part of a redevelopment project, the Agency shall, within four years of such destruction or removal, rehabilitate, develop or construct, or cause to be rehabilitated, developed or constructed, for rental or sale to persons and families of low or moderate income an equal number of replacement dwelling units at affordable housing costs within the City in accordance with all of the provisions of Section 33413 and 33413.5 of the Redevelopment Law, and as otherwise required by law. 4. (532) New or Rehabilitated Dwelling Units Developed Within Project Area No. 2 Pursuant to Section 33413 of the Redevelopment Law at least thirty percent (30%) of all new or rehabilitated dwelling units developed within Project Area No. 2 by the Agency shall be available at affordable housing costs for persons and families of low and moderate income; of such thirty percent (30%), not less than fifty percent (50%) thereof shall be available to and occupied by very low income households. At least fifteen percent (15%) off all new or rehabilitated units developed within Project Area No. 2 by public or private entities or persons other than the Agency shall be available at affordable housing costs for persons and families of low and moderate income; and of such fifteen percent (15%), not less than forty percent (40%) thereof 0 ..d .` 1 r) 10 shall be available for very low income households. The percentage requirements set forth in this Section shall apply independently of the requirements of Section 531 and in the aggregate to the supply of housing to be made available pursuant to this Section and not to each individual case of rehabilitation, development or construction of dwelling units. The Agency shall require, by contract or other appropriate means, that whenever any low and moderate income housing units are developed within Project Area No. 2, such units shall be made available on a priority basis for rent or purchase, whichever the case may be, to persons and families of low and moderate income displaced by a redevelopment project; provided, however, that failure to give such priority shall not affect the validity of title to the real property upon which such housing units have been developed. 5. (533) Duration of Dwelling Unit Availability The Agency shall require that the aggregate number of dwelling units rehabilitated, developed or constructed pursuant to Sections 531 and 532 of this Plan shall remain for persons and families of low and moderate income and very low income households, respectively, for not less than the period set forth in Section 609 of this Plan in relation to residential uses. 6. (534) Relocation Housing If insufficient suitable housing units are available in the City for use by persons and families of low and moderate income displaced by a redevelopment project, the Agency may, to the extent Of that deficiency, direct or cause the development, rehabilitation or construction of housing units within the City, both inside and outside Project Area No. 2. 7. (535) Increased and Improved Supply Pursuant to Section 33334.2 of the Redevelopment Law, not less than 20 percent of all taxes which are allocated to the Agency pursuant to subdivision (b) of Section 33670 of the Redevelopment Law and Section 702(2) of this Plan shall be used by the Agency for the purposes of increasing and improving the City's supply of low and moderate income housing available at affordable housing cost, as defined by Section 50052.5 of the Health and Safety Code, to persons and families of low or moderate income, as defined in Section 50093 of the Health & Safety Code, and very low income households, as defined in Section 50105 of the Health & Safety Code, unless one or more of the following findings are made annually by resolution: (1) that no need exists in the City to improve or increase the supply of low and moderate income housing in a manner which would benefit Project Area No. 2 and that this finding is consistent with the housing element of the City's General Plan; or (2) that some stated percentage less than 20 percent of the taxes which are allocated to the Agency pursuant to Section 702(3) of this Plan is sufficient to meet such housing need of the community and that this finding is consistent with the housing element of the City's General Plan; or (3) that a substantial effort to meet low and moderate income housing needs in the City is being made and that this effort, including the obligation of funds currently available for the benefit of the City from the state, local, and federal sources for low and moderate income housing alone or in combination with the taxes allocated under Section 33334.2 of the Redevelopment Law, is equivalent in impact to the funds otherwise required to be set aside pursuant to said Section. In carrying out the purposes of Section 33334.2 of the Redevelopment Law, the Agency may exercise any or all of its powers including, but not limited to, the following: 1. Acquire land or building sites; 0 �*,. 1 1. ? 3 11 2. Improve land or building sites with on -site or off -site improvements; 3. Donate land to private or public persons or entities; 4. Construct buildings or structures; 5. Acquire buildings or structures; 6. Rehabilitate buildings or structures; 7. Provide subsidies to or for the benefit of persons or families of very low, low or moderate income; and 8. Develop plans, pay principal and interest on bonds, loans, advances, or other indebtedness or pay financing or carrying charges. The Agency may use these funds to meet, in whole or in part, the replacement housing provisions in Section 531 above. These funds may be used inside or outside Project Area No. 2 provided, however, that funds may be used outside Project Area No. 2 only if findings of benefit to Project Area No. 2 are made as required by Section 33334.2 of the Redevelopment Law. The funds for this purpose shall be held in a separate low and Moderate Income Housing Fund until used. Any interest earned by such Low and Moderate Income Housing Fund shall accrue to the Fund. SECTION VI. (600) USES PERMITTED IN PROJECT AREA NO. 2 A. (601) Map and Uses Permitted The Map attached hereto as Exhibit A and incorporated herein illustrates the location of Project Area No. 2 boundaries, the immediately adjacent streets, and existing public rights -of -way and public easements. The land uses permitted by this Plan shall be those permitted by the City of La Quinta General Plan. Land uses set forth in this Plan shall be those permitted by the City of La Quinta General Plan may be revised from time to time upon approval by Resolution of the governing board of the Agency, provided, however, that all such uses shall be consistent with the City of La Quinta General Plan. B. (602) Major Land Uses Major land uses in Project Area No. 2 include: Residential, Commercial, and Public. The areas shown on the map may be used for any of the various levels of uses specified for or permitted within such areas of the General Plans and local codes and ordinances. C. (603) Public Uses 1. (604) Public Street Layout. Rights -of -Way and Easements The public Street system for Project Area No. 2 is illustrated on the Map. The street system in Project Area No. 2 shall be developed in accordance with the Circulation Element of the General Plan. Primary streets in Project Area No. 2 include Fred Waring Avenue, Miles Avenue, Highway 111, Westward Ho Drive, Avenue 48, Avenue 50, Washington Street Adams Street, 0 12 Dune Palms Road, and Jefferson Street. Project Area No. 2 also includes many local collector streets. Certain streets and rights -of -way may be widened, altered, abandoned, vacated, or closed by the City as necessary for proper development of Project Area No. 2. Additional public streets, alleys and easements may be created by the Agency and City in Project Area No. 2 as needed for proper development and circulation. The public rights -of -way shall be used for vehicular and/or pedestrian traffic as well as for public improvements, public and private utilities, and activities typically found in public rights -of -way. In addition, all necessary easements for public uses, public facilities, and public utilities may be retained or created. 2. (605) Other Public. Quasi -Public and Open Space Uses Both within and where appropriate outside of Project Area No. 2, the Agency is authorized to permit, establish, or enlarge public, quasi -public, institutional, or non profit uses, including schools, community center, auditorium and civic center facilities, criminal justice facilities, park and recreational facilities, parking facilities, transit facilities, libraries, hospitals, and educational, fraternal, philanthropic and charitable institutions or other similar associations or organizations. All such uses shall be deemed to conform to the provisions of this Plan provided that such uses conform with all other applicable laws and ordinances and that such uses are approved by the City. The Agency may impose such other reasonable restrictions as are necessary to protect development and uses in Project Area No. 2. D. (606) Conforming Properties The Agency may, at its sole and absolute discretion, determine that certain real properties within Project Area No. 2 meet the requirements of this Plan, and the owners of such properties may be permitted to remain as owners of conforming properties without a participation agreement with the Agency, provided such owners continue to operate, use, and maintain the real properties within the requirements of this Plan. A certificate of conformance to this effect may be used by the Agency and recorded. An owner of a conforming property may be required by the Agency to enter into a participation agreement with the Agency in the event that such owner desires to (1) construct any additional improvements or substantially alter or modify existing structures on any of the real property described above as conforming; or (2) acquire additional property within Project Area No. 2. E. (607) Nonconforming Uses The Agency is authorized but not required to permit an existing use to remain in an existing building in good condition if the use does not conform to the provisions of this Plan, provided that such use is generally compatible with existing and proposed developments and uses in Project Area No. 2. The Agency may authorize additions, alterations, repairs or other improvements in Project Area No. 2 for uses which do not conform to the provisions of this Plan where such improvements are within a portion of Project Area No. 2 where, and in the determination of the Agency, such improvements would be compatible with surrounding Project Area uses and development. F. (608) Interim Uses Pending the ultimate development of land by developers and participants, the Agency is authorized to use or permit the use of any land in Project Area No. 2 for interim uses not in conformity with the uses permitted in this Plan. Such interim use shall conform to all applicable City codes. G. (609) General Controls and Limitations All real property in Project Area No. 2 is hereby made subject to the controls and requirements of this Plan. No real property shall be developed, redeveloped, rehabilitated, or otherwise changed after the date of the adoption of the Plan except in conformance with the provisions of this Plan. The land use controls of this Plan shall apply for a period of forty (40) years for uses other than residential uses. For residential uses, the land use controls of this Plan shall apply for a period of twenty (20) years with respect to all of Project Area No. 2. The type, size, height, number and use of buildings within Project Area No. 2 will be controlled by applicable City planning and zoning ordinances consistent with the General Plan, and as provided in Section 601 of this Plan. (610) New Construction All construction in Project Area No. 2 shall comply with all applicable State and local laws in effect from time to time. In addition to applicable codes, ordinances, or other requirements governing development in Project Area No. 2, additional specific performance and development standards may be adopted by the Agency to control and direct redevelopment activities in Project Area No. 2. 2. (611) Rehabilitation Any existing structures within Project Area No. 2 which the Agency shall approve for retention and rehabilitation shall be repaired, altered, reconstructed, or rehabilitated in such a manner that it will meet the following requirements: be safe and sound in all physical respects, be attractive in appearance and not detrimental to the surrounding uses. 3. (612) Number of Buildings and Dwelling Units The total number of buildings in Project Area No. 2 shall be regulated by the City General Plan. Project Area No. 2 currently includes approximately 5,935 dwelling units. 4. (613) Open Spaces and Landscaping The approximate amount of open space to be provided in Project Area No. 2 is the total of all areas so designated in the Land Use Element of the City of La Quinta General Plan, and those areas in the public rights -of -way or provided through site coverage limitations on new development as established by this Plan. Landscaping shall be developed in Project Area No. 2 to ensure optimum use of living plant material in conformance with City standards. 5. (614) Limitations on Type, Size and Height of Buildings Except as set forth in other sections of this Plan, the type, size, and height of buildings shall be as limited by the applicable federal, state and local statutes, ordinances and regulations. 6. (615) Signs All signs shall conform to City requirements. Design of all proposed new signs shall be submitted prior to installation to the Agency and/or City for review and approval pursuant to the procedures permitted by this Plan. New signs must contribute to a reduction in sign blight. 7. (616) Utilities The Agency shall require that all utilities be placed underground whenever physically possible and economically feasible. 8. (617) Incompatible Uses Except as permitted by the City, no use or structure which is by reason of appearance, traffic, smoke, glare, noise, odor, or similar factors incompatible with the surrounding areas or structures shall be permitted in any part of Project Area No. 2. 9. (618) Nondiscrimination and Nonsegregation There shall be no discrimination or segregation based upon race, color, sex, marital status, religion, national origin, or ancestry permitted in the sale, lease, sublease, transfer use, occupancy, tenure, or enjoyment of property in Project Area No. 2. 10. (619) Subdivision of Parcels No parcels in Project Area No. 2, including any parcel retained by a participant, shall be consolidated, subdivided or re -subdivided without the approval of the appropriate City body, and, if necessary for purposes of this Plan, the Agency. 11. (620) Minor Variations The Agency is authorized to permit minor variations from the limits, restrictions and controls established by this Plan. In order to permit any such variation, the Agency must determine that: The application of certain provisions of the Plan would result in practical difficulties or unnecessary hardships inconsistent with the general purposes and intent of the Plan. There are exceptional circumstances or conditions applicable to the property or to the intended development of the property which do not apply generally to other properties having the same standards, restrictions, and controls. Permitting a variation will not be materially detrimental to the public welfare or injurious to property or improvements in the area. Permitting a variation will not be contrary to the objectives of the Plan. No such variation shall be granted which permits other than a minor departure from the provisions of this Plan. In permitting any such variation, the Agency shall impose such conditions as are necessary to protect the public health, safety, or welfare, and to assure compliance with the purposes of the Plan. Any such variation permitted by the Agency hereunder shall not supersede any other approval required under City codes and ordinances. H. (621) Design for Development Within the limits, restrictions, and controls established in the Plan, and subject to the provisions of Sections 601 and 609, herein, the Agency is authorized to establish heights of buildings, land coverage, setback requirements, design criteria, traffic circulation, traffic access, and other development and design controls necessary for proper development of both private and public areas within Project Area No. 2. i... .1_ C 15 No new improvement shall be constructed, and no existing improvement shall be substantially modified, altered, repaired or rehabilitated except in accordance with this Plan and any such controls and architectural, landscape and site plans submitted to and approved in writing by the Agency. Additionally, in the case of property which is the subject of a Disposition and Development or participation agreement with the Agency, such property shall be developed in accordance with the provisions of such agreement. One of the objectives of this Plan is to create an attractive and pleasant environment in Project Area No. 2. Therefore, such plans shall give consideration to good design, open space and other amenities to enhance the aesthetic quality of Project Area No. 2. The Agency shall not approve any plans that do not comply with this Plan. I. (622) Building Permits Any building permit that is issued for the construction of any new building or any addition, construction, moving, conversion or alteration to an existing building in Project Area No. 2 from the date of adoption of this Plan must be in conformance with the provisions of this Plan, any Design for Development adopted by the Agency, any restrictions or controls established by resolution of the Agency, and any applicable participation or other agreements. The Agency is authorized to establish permit procedures and approvals required for purposes of this Plan. A building permit shall be issued only after the applicant for same has been granted all approvals required by the City and the Agency at the time of application. SECTION VII. (700) METHODS FOR FINANCING THE PROJECT A. (701) General Description of the Proposed Financing Methods Upon adoption of this Plan by the City Council, the Agency is authorized to finance this Plan with assistance from local sources, the State of California and/or the Federal Government, property tax increments, interest income, Agency bonds, donations, loans from private financial institutions or any other legally available source. The Agency is also authorized to obtain advances, borrow funds, issue bonds, and create indebtedness in carrying out this Plan. The principal and interest on such indebtedness may be paid from tax increments or any other funds available to the Agency. Advances and loans for survey and planning and for the operating capital for administration of this Plan may be provided by the City until adequate tax increment or other funds are available to repay the advances and loans. The City or other public agency, as it is able, may also supply additional assistance through issuance of bonds, loans and grants and in -kind assistance. Any assistances shall be at terms established by an agreement between the Agency, City and/or other public agency. As available, gas tax funds from the State of California and the County of Riverside may be used for the street system. The Agency may issue bonds and expend their proceeds to carry out the Plan. The Agency is authorized to issue bonds if appropriate and feasible in an amount sufficient to finance all or any part of Plan implementation activities. The Agency shall pay the principal and interest on bonds of the Agency as it becomes due and payable. 0 16 The Agency is authorized to obtain advances, borrow funds and create indebtedness in carrying out this Plan. The principal and interest on such advances, funds, and indebtedness may be paid from tax increments or any other funds available to the Agency. B. (702) Tax Increments All taxes levied upon taxable property within the P-rejest Original Area each year by or for the benefit of the State of California, County of Riverside, City of La Quinta, and district or other public corporation (hereinafter called "taxing agencies") after the effective date of the ordinance of the City approving this Plan, shall be divided as follows: That portion of the taxes which would be produced by the rate upon which the tax is levied each year by or for each of said taxing agencies upon the total sum of the assessed value of the taxable property in the Project Original Area as shown upon the assessment roll used in connection with the taxation of such property by such taxing agency, last equalized prior to the effective date of such ordinance, shall be allocated to and when collected shall be paid into the respective taxing agencies as taxes by or for said taxing agencies on all other property are paid (for the purpose of allocating taxes levied by or for any taxing agency or agencies which did not include the territory in the Prejest Original Area on the effective date of such ordinance but to which such territory has been annexed or otherwise included after such effective date, the assessment roll of the County of Riverside last equalized on the effective date of said ordinance shall be used in determining the assessed valuation of the taxable property in the Prejest Original Area on said effective date); and That portion of said levied taxes each year in excess of such amount shall be allocated to and when collected shall be paid into a special fund of the Agency to pay the principal of and interest on bonds, loans, moneys advanced to, or indebtedness (whether funded, assumed, or otherwise) incurred by the Agency to finance or refinance in whole or in part, this Plan. Unless and until the total assessed valuation of the taxable property in the PFojeG Original Area exceeds the total assessed value of the taxable property in the Prejeet Original Area as shown by the last equalized assessment roll referred to in paragraph (1) hereof, all of the taxes levied and collected upon the taxable property in the DrT�` Original Area shall be paid to the respective agencies. When said bonds, loans, advances, and indebtedness, if any, and interest thereon, have been paid, all moneys thereafter received from taxes upon the taxable property in the Pr-FGjeGt Ori inal Area shall be paid into the funds of the respective taxing agencies as taxes on all other property are paid. That portion of tax revenues allocated to the Agency pursuant to paragraph (2) above which are attributable to increases in the rate of tax imposed for the benefit of any affected taxing agency which levy occurs after the tax year in which the ordinance adopting this Plan becomes effective shall be allocated to such affected taxing agency to the extent that the affected taxing agency has elected in the manner required by law to receive such allocation. The Agency is authorized to make pledges as to specific advances, loans and indebtedness as appropriate in carrying out the Plan. The portion of taxes allocated and paid to the Agency pursuant to subparagraph (2) above is irrevocably pledged to pay the principal of and interest on loans, monies advanced to, or indebtedness (whether funded, refunded, assumed, or otherwise) incurred by the Agency to finance or refinance, in whole or in part, the redevelopment program for Project Area No. 2. The number of dollars of taxes which may be divided and allocated to the Agency pursuant to Section 33670 of the Redevelopment Law from the Original Area shall not exceed $250 million 0 17 $1.5 billion dollars, except by amendment of this Plan. The Agency may not receive tax increment pursuant to Section 33670 of the Redevelopment Law in the Added Area, except by amendment of this Plan. There is no time limit on when the Agency may establish or incur loans advances or indebtedness. The loans advances and indebtedness referred to in the preceding paragraph may be repaid over a period of time longer than the limitation established therein except that the Agencv shall not pay indebtedness or receive the property tax increment described in this Section 702 after ten (10) years from the termination of the effectiveness of this Plan in the Original Area as set forth in Section 1000 of this Plan. There is no such time limit in the Added Area because it is not permitted to receive tax increment pursuant to Section 33670 of the Redevelopment Law, except by amendment of this Plan Provided however, that nothing in the foregoing limitation shall be construed to or shall affect the validity of any bond indebtedness or other obligation, including any mitigation agreement entered into pursuant to Section 33401 authorized by the City Council or the Agency prior to January 1 1994 Nor shall the foregoing limitation be construed to affect the right of the Agency to receive the property tax increment referred to in this Section 702 to pay to indebtedness or other obligation. C. (703) Agency Bonds The Agency is authorized to issue bonds from time to time, if it.deems it appropriate to do so, in order to finance all or any part of Plan implementations activities. Neither the members of the Agency nor any persons executing the bonds are liable personally on the bonds by reason of their issuance. The bonds and other obligations of the Agency are not a debt of the City, or the State, nor are any of its political subdivisions liable for them, nor in any event shall the bonds or obligations be payable out of any funds or properties other than those of the Agency; and such bonds and other obligations shall so state on their face. The bonds do not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction. The amount of bonded indebtedness, to be repaid in whole or in part from such allocation of taxes, which can be outstanding at one time shall not exceed $100 million adjusted annually in accordance with the Consumer Price Index (CPI), or an acceptable replacement index in the event the CPI ceases to be published, without an amendment of this Plan. Such limitation is exclusive of (1) any payments to the taxing agencies to alleviate financial burden made by the Agency pursuant to Section 33401 of the Redevelopment Law and Section 511 of this Plan and (2) any funds required by Section 33334.2 of the Redevelopment Law and Section 535 of this Plan to be deposited by the Agency in a Low and Moderate Income Housing Fund as a result of such payments to taxing agencies. Provided however, that the total amount of bonded indebtedness, to be repaid in whole or in part from allocation bonds which can be outstanding at one time shall not exceed $200 million. D. (704) Other Loans and Grants Any other loans, grants, guarantees or financial assistance from the Federal Government, the State of California, or any other public or private source will be utilized, if available, as appropriate in carrying out this Plan. In addition, the Agency may make loans as permitted by law to public or private entities for any of its redevelopment purposes. 18 E. (705) Rehabilitation Loans. Grants, and Rebates The Agency and the City may commit funds from any source to programs of residential and commercial rehabilitation for the purposes of loans, grants, or rebate payments for self -financed rehabilitation work. The rules and regulations for such programs shall be those which may already exist or may be developed in the future. The Agency and the City shall seek to acquire grant funds and direct loan allocations from State and Federal sources, as they may be available from time to time, for the carrying out of such programs. SECTION VIII. (800) ACTIONS BY THE CITY The City shall aid and cooperate with the Agency in carrying out this Plan and shall take all actions necessary to ensure the continued fulfillment of the purposes of this Plan and to prevent the reoccurrence of spread in the area of conditions causing blight. Actions by the City may include, but shall not be limited to, the following: 1. Institution Initiation and completion of proceedings for opening, closing, vacating, widening, or changing the grades of streets, alleys, and other public rights -of- way, and for other necessary modifications of the streets, the street layout, and other public rights -of -way in Project Area No. 2. Such action by the City shall include the requirement of abandonment and relocation by the public utility companies of their operations in public rights -of -way as appropriate to carry out this Plan, provided that nothing in this Plan shall be considered to require the cost of such abandonment, removal, and relocation be borne by others than those legally required to bear such costs. 2. Institutions Initiation and completion of proceedings necessary for changes and improvements to publicly -owned properties. 3. Performance of the above, and of all other functions and services relating to public health, safety, and physical development normally rendered in accordance with a schedule which will permit the redevelopment of Project Area No. 2 to be commenced and carried to completion without unnecessary delays. 4. Imposition whenever necessary of appropriate design controls within the limits of this Plan in Project Area No. 2 to ensure their proper development and use. 5. Provisions for administration/enforcement of this Plan by the City after development. 6. The undertaking and completion of any other proceedings necessary to carry out the Project. 7. The expenditure of any City funds in connection with redevelopment of Project Area No. 2 pursuant to the Plan. SECTION IX. (900) ADMINISTRATION AND ENFORCEMENT Upon adoption, the administration and enforcement of this Plan or other documents implementing this Plan shall be performed by the City or the Agency, as appropriate. The provisions of this Plan or other documents entered into pursuant to this Plan may also be enforced by court litigation by either the Agency or the City. Such remedies may include, but 19 are not limited to, specific performance, damages, re-entry, injunctions, or any recorded provisions which are expressly for the benefit of owners of property in Project Area No. 2 may be enforced by such owners. SECTION X. (1000) DURATION OF THIS PLAN Except for the non-discrimination and non -segregation provisions which shall run in perpetuity, the provisions of this Plan shall be effective, and the provisions of other documents formulated pursuant to this Plan may be made effective, for 48 41 years from the effective date of adoption of this the original Redevelopment Plan by the City Council by Ordinance No. 139 (May 19 1989) for the Original Area and 30 years from the effective date of adoption of the ordinance adopting the Fifth Amendment to the Redevelopment Plan for Project Area No. 2 in the Added Area; provided, however, that the Agency may issue bonds and incur obligations pursuant to this Plan which extends beyond the termination date, and in such event, this Plan shall continue in effect for the purpose of repaying such bonds or other obligations, as determined by the City Council. SECTION XI. (1100) PROCEDURE FOR AMENDMENT This Plan may be amended by means of the procedure established in Sections 33450- 33458 of the Redevelopment Law or by any other procedure hereafter established by law. 0 20 EXHIBIT A: LA QUINTA REDEVELOPMENT PROJECT AREA NO. 2 Miles Ave Original Area - Added Area 0 0.1250.25 0.5 0.75 1Miles O RSG,GEy, 21 EXHIBIT B LEGAL DESCRIPTION LA QUINTA REDEVELOPMENT PROJECT AREA NO. 2 ORIGINAL AREA THE BOUNDARY OF THE REDEVELOPMENT PROJECT AREA 2 Is ILLUSTRATED ON THE MAP ATTACHED HERETO. THE LEGAL DESCRIPTION OF THE BOUNDARY OF SAID AREA IS DESCRIBED AS FOLLOWS: ALL THAT AREA IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, BEING PORTIONS OF SECTIONS 19,20,28,29,30,31 AND 32, TOWNSHIP 5 SOUTH, RANGE 7 EAST AND OF SECTION 25, TOWNSHIP 5 SOUTH, RANGE 6 EAST, SAN BERNARDINO BASE AND MERIDIAN DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 32, SAID POINT BEING AT THE INTERSECTION OF THE CENTERLINE OF JEFFERSON STREET AND THE CENTERLINE OF AVENUE 50 AS SHOWN ON PARCEL MAP NO. 20469, PARCEL MAP BOOK 140, PAGES 95 THROUGH 100 INCLUSIVE, RECORDS OF SAID COUNTY, SAID CORNER ALSO BEING THE NORTHEAST CORNER OF SECTION 5, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNAR— DINO BASE AND MERIDIAN AND THE POINT OF BEGINNING OF LA QUINTA REDEVELOPMENT PROJECT OF THE LA QUINTA REDEVELOPMENT AGENCY, SAID CITY OF LA QUINTA; 1. THENCE, ALONG THE SOUTH LINE OF SAID SECTION 32 AND SAID CENTERLINE OF AVENUE 50, N89 51'29'1 W, 2645.41 FEET; 2. THENCE, N89 51'OS"W, 2620.30 FEET TO THE SOUTHEAST CORNER OF SAID SECTION 31; 3. THENCE, ALONG THE SOUTH LINE OF SAID SECTION 31. AND CONTINUING ALONG SAID CENTERLINE OF AVENUE 50, N89 58'39"W, 2656.69 FEET TO THE SOUTH ONE -QUARTER CORNER OF SAID SECTION 31 AS SHOWN ON TRACT NO. 3448, MAP BOOK 58, PAGES 20 AND 21, RECORDS OF SAID COUNTY; 4. THENCE, CONTINUING ALONG SAID SOUTH LINE OF SECTION 31 AND SAID CENTERLINE OF AVENUE 50, S89 59'54"W, 25.00 FEET TO THE CENTERLINE OF WASHINGTON STREET; 5. THENCE, ALONG SAID CENTERLINE OF WASHINGTON STREET, N00 00'06"W, 1293.71 FEET TO THE BEGINNING OF A CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 2000.00 FEET; 6. THENCE, NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 13 28'00" AN ARC DISTANCE OF 470.08 FEET; 7. THENCE, N13 28'06'tW, 92.18 FEET TO THE BEGINNING OF A CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 1989.00 FEET; 8. THENCE, NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 18 40'00" ANARC DISTANCE OF 648.01 FEET; 9. THENCE, N05 11'54E, 109.08 FEET TO AN ANGLE POINT IN SAID CENTERLINE OF WASHINGTON STREET AS SHOWN ON TRACT NO. 3455, MAP BOOK 58, PAGES 30 AND 31, RECORDS OF SAID COUNTY; • 22 10. THENCE, CONTINUING ALONG SAID CENTERLINE OF WASHINGTON STREET, N06 11'54"E, 715.99 FEET TO THE BEGINNING OF A CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 4500.00 FEET; 11. THENCE, NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 06 25'00" AN ARC DISTANCE OF 503.96 FEET TO A POINT ON A LINE PARJLLEL WITH AND 20.00 FEET WESTERLY, MEASURED AT RIGHT ANGLES, OF THE WEST LINE OF THE NORTHEAST ONE -QUARTER OF SAID SECTION 31 AS SHOWN ON ABOVE SAID PARCEL MAP NO. 20469; 12. THENCE, ALONG SAID PARALLEL LINE AND ALONG SAID CENTERLINE OF WASHINGTON STREET, N00 13'06"W, 1469.67 FEET TO A POINT ON THE NORTH LINE •OF SAID SECTION 31 AND THE CENTERLINE OF 48TH STREET AS SHOWN ON PARCEL MAP NO. 13975, PARCEL MAP BOOK 66, PAGES 26 AND 27, RECORDS OF SAID COUNTY; 13. THENCE, ALONG SAID NORTH LINE OF SECTION 31 AND SAID CENTERLINE OF 48TH STREET, S89 24'12"W, 2692.01 FEET TO THE NORTHWEST CORNER OF SAID SECTION 31' 14. THENCE, ALONG THE WEST LINE OF SAID SECTION 31, S00 51'09"E, 188.70 FEET TO THE SOUTHEAST CORNER OF ABOVE SAID SECTION 25, TOWNSHIP 5 SOUTH, RANGE 6 EAST AS SHOWN ON TRACT NO. 3249, MAP BOOK 56, PAGES 35 AND 36, RECORDS OF SAID COUNTY; 15. THENCE, ALONG THE SOUTH LINE OF SAID SECTION 25,N89 29'43'W, 2646.64 FEET TO THE SOUTH ONE -QUARTER CORNER OF SAID SECTION 25 AND A POINT ON THE WESTERLY BOUNDARY OF SAID CITY OF LA QUINTA; 16. THENCE, ALONG SAID WESTERLY BOUNDARY, N54 43'28"E, 4907.92 FEET TO THE SOUTHWEST CORNER OF THE EAST ONE-HALF OF THE NORTHWEST ONE -QUARTER OF ABOVE SAID SECTION 30, TOWNSHIP 5 SOUTH, RANGE 7. EAST AS SHOWN ON TRACT NO. 2117, MAP BOOK 40, PAGES 81, 82 AND 83, RECORDS OF SAID COUNTY; 17. THENCE, ALONG THE SOUTH LINE OF SAID NORTHWEST ONE -QUARTER OF SECTION 30, N89 30'45"E, 1333.82 FEET TO THE CENTER OF SAID SECTION 30 AND THE CENTERLINE OF ABOVE SAID WASHINGTON STREET; 18. THENCE, ALONG THE EAST LINE OF SAID NORTHWEST ONE -QUARTER OF SECTION 30 AND SAID CENTERLINE OF WASHINGTON STREET, N00 2115fJ, 2652.98 FEET TO THE NORTH ONE -QUARTER CORNER OF SAD SECTION 30 AND THE SOUTH ONE -QUARTER CORNER OF ABOVE SAID SECTION 19, TOWNSHIP 5 SOUTH, RANGE 7 EAST, AS SHOWN ON RECORD OF SURVEY, FILED IN BOOK 25, PAGE 89 OF RECORDS OF SURVEY, RECORDS OF SAID COUNTY; 19. THENCE, ALONG THE WEST LINE OF THE SOUTHWEST ONE -QUARTER OF SAID SECTION 19 AND ALONG THE CENTERLINE OF WASHINGTON STREET, N0019'30"W, 199.55 FEET TO A POINT ON THE CENTERLINE OF STATE HIGHWAY 111, SAID POINT BEING ON A CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 2500.00 FEET, A RADIAL OF SAID CURVE TO SAID POINT BEARS N34 10'57"E; , THENCE, WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 26 47'06" AN ARC DISTANCE OF 1168.72 FEET; 21. THENCE, N82 36'09"W, 364.57 FEET TO A POINT ON THE WESTERLY c. 23 BOUNDARY OF SAID CITY OF LA QUINTA; 22. THENCE, ALONG SAID WESTERLY BOUNDARY N26 11'00"E, 295.03 FEET TOP THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 300.00 FEET; 23. THENCE, NORTHEASTEFL ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 62 4426" AN ARC DISTANCE OF 328.51 FEET TO THE SOUTHERLY LINE OF THE COACHELLA VALLEY STORMWATER CHANNEL; 24. THENCE, ALONG SAID SOUTHERLY LINE AND CONTINUING ALONG SAID WESTERLY BOUNDARY, N88 55'26"E, 261.56 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 2000.00 FEET; 25. THENCE, EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 23 00'42" AN ARC DISTANCE OF 803.26 FEET TO THE CENTERLINE OF ABOVE SAID WASHINGTON STREET AND A POINT ON THE BOUNDARY OF SAID CITY OF LA QUINTA AS DESCRIBED IN ANNEXATION NO. I TO SAID CITY; THE FOLLOWING COURSES 26 THROUGH 60 INCLUSIVE ARE ALONG SAID BOUNDARY OF THE CITY OF LA QUINTA AS DESCRIBED IN SAID ANNEXATION NO. 1. 26. THENCE, ALONG SAID CENTERLINE OF WASHINGTON STREET, NOD 19'30"W, 22.50 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 2000.00 FEET; 27. THENCE, NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 45 00'00" AN ARC DISTANCE OF 1570.80 FEET; 28. THENCE, N45 19'30"W, 366.56 FEET TO A POINT OF INTERSECTION WITH THE CENTERLINE OF MILES AVENUE; 29. THENCE, CONTINUING N45 19'30"W, 1780.98 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 2000.00 FEET; 30. THENCE, NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 44 04'57" AN ARC DISTANCE OF 1538.77 FEET TO THE NORTH LINE OF SAID SECTION 19, SAID NORTH LINE ALSO BEING THE CENTERLINE OF FRED WARING DRIVE; 31. THENCE, ALONG SAID NORTH LINE AND SAID CENTERLINE, N89 40'49"E, 5347.98 FEET TO THE NORTHWEST CORNER OF ABOVE SAID SECTION 20; 32. THENCE, ALONG THE NORTH LINE OF SAID SECTION 20 AND SAID CENTERLINE, N89 40'49"E, 5306.32 FEET TO THE NORTHEAST CORNER OF SAID SECTION 20 AND THE CENTERLINE OF 3EFFERSON STREET; 33. THENCE, ALONG THE EAST LINE OF SAID SECTION 20 AND SMD CENTERLINE OF JEFFERSON STREET, S00 19'il"E, 2652.65 FEET TO THE EAST ONE -QUARTER CORNER OF SAID SECTION 20 AND THE CENTERLINE OF MILES AVENUE; 34. THENCE, ALONG THE SOUTH LINE OF THE NORTH ONE-HALF OF SAID SECTION 20 AND SAID CENTERLINE OF PILES AVENUE, S89 40'49W, 2654.00 FEET TO THE CENTER OF SAID SECTION 20 AND THE CENTERLINE OF DUNE PALMS ROAD; 35. THENCE, ALONG THE WEST LINE OF THE EAST ONE-HALF OF SAID SECTION 20 AND SAID CENTERLINE OF DUNE PALMS ROAD, S00 19'II"E, 2644.00 FEET TO THE SOUTH ONE -QUARTER CORNER OF SAID SECTION 20 AND THE CENTERLINE OF 46TH AVENUE; • 24 36. THENCE, ALONG THE SOUTH LINE OF SAID SECTION 20 AND SAID CENTERLINE OF 46TH AVENUE, N89 40'49"E, 2654.00 FEET TO THE NORTHEAST COPNER OF ABOVE SAID SECTION 28 AND THE CENTERLINE OF JEFFERSON STREET; 37. THENCE, ALONG THE NORTH LINE OF SAID SECTION 28 AND THE CENTERLINE OF 46TH AVENUE, N89 40'49"E, 1315.52 FEET TO THE NORTHWEST ONE - QUARTER OF THE NORTHWEST ONE -QUARTER OF SAID SECTION 28; 38. THENCE, ALONG THE EAST LINE OF SAID NORTHWEST ONE -QUARTER OF THE NORTHWEST ONE -QUARTER OF SECTION 28, S00 13'45"W, 215.41 FEET TO THE NORTHERLY LINE OF ABOVE SAID COACHELLA VALLEY STORNWATER CHANNEL; 39. THENCE, ALONG SAID NORTHERLY LINE, S44 36'15"w, 530.60 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 3000.00 FEET; 40. THENCE, SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 01 55'00" AN ARC DISTANCE OF 100.36 FEET; 41. THENCE, S00 13'45"W, 651.48 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID COACHELLA VALLEY STOR)WATER CHANNEL, SAID POINT BEING ON A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 3500.00 FEET, A RADIAL OF SAID CURVE TO SAID POINT BEARS S33 41'05"E; 42. THENCE, SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 01 51'27" AN ARC DISTANCE OF 113.47 FEET TO THE NORTHEASTERLY CORNER OF TRACT NO. 3505, MAP BOOK 57, PAGES 7 AND 8, RECORDS OF SAID COUNTY; 43. THENCE, ALONG THE EASTERLY LINE OF SAID TRACT NO. 3505, S33 41105sE, 120.00 FEET TO A POINT ON A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 3620.00 FEET, A RADIAL OF SAID CURVE TO SAID POINT BEARS S33 41'05"E; 44. THENCE, NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 00 40'40" AN ARC DISTANCE OF 42.82 FEET; 45. THENCE, S34 21'45"E, 212.90 FEET TO THE MOST EASTERLY CORNER OF SAID TRACT NO. 3505; 46. THENCE, ALONG THE SOUTHERLY LINE OF SAID TRACT NO. 3505, S71 23'42"W, 171.16 FEET; 47. THENCE, S55 41'15"W, 140.85 FEET; 48. THENCE, S63 05'45"W, 278.73 FEET; 49. THENCE, S82 32'25"W, 127.18 FEET TO A POINT ON A CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 325.00 FEET, A RADIAL OF SAID CURVE TO SAID POINT BEARS N89 42'04"E; 50. THENCE, SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 10 3743" AN ARC DISTANCE OF 60.29 FEET; 51. THENCE, N89 29'14"W, 169.87 FEET; 52. THENCE, S00 30'46"W, 20.00 FEET; 53. THENCE, N89 29'14'W, 160.00 FEET TO THE EAST LINE OF ABOVE SAID SECTION 29 AND THE CENTERLINF: OF JEFFERSON STREET; 54. THENCE, ALONG SAID EAST LINE OF SECTION 29 AND SAID CENTEPLINE OF JEFFERSON STREET, S00 30'46"W, 659.08 FEET TO THE EAST ONE -QUARTER CORNER OF SAID SECTION 29; 55. THENCE, ALONG THE NORTH LINE OF THE SOUTHEAST ONE-OUARTEP OF SAID I It • 25 SECTION 29 AND ALONG THE CENTERLINE OF STATE HIGHWAY 11 1, - - 56. THENCE, 500 30'40"W, 1371.54 FEET; 57.. THENCE, N89 02'35"W, 56.84 FEET; 58. THENCE, S45 23'25"W, 479.28 FEET; 59. THENCE, 589 52'06"E, 2152.45 FEET TO THE EAST LINE OF SAID SECTION 29 AND THE CENTERLINE OF JEFFERSON STREET; 60. THENCE, ALONG SAID EAST LINE OF SAID SECTION 29 AND SAID CENTERLINE OF JEFFERSON STREET, SOO 35'25"W, 1049.62 FEET TO THE SOUTHEAST CORNER OF SAID SECTION 29 AND THE END OF ANNEXATION NO. 1 OF SAID CITY OF LA QUINTA; 61. THENCE, ALONG THE ORIGINAL EASTERN BOUNDARY OF THE CITY OF' LA QUINTA AND ALONG THE EAST LINE OF ABOVE SAID SECTION 32 AND ALONG SAID CENTERLINE OF JEFFERSON STREET AS SHOWN ON ABOVE SAID PARCEL MAP NO. 20469, S00 03'12"E, 2664.05 FEET TO THE EAST ONE -QUARTER CORNER OF SAID SECTION 32; 62. THENCE, S00 02'48"E, 2587.48 FEET TO THE SOUTHEAST CORNER OF SAID SECTION 32 AND THE POINT OF BEGINNING. CONTAINING AN AREA OF 3116 ACRES, MORE OR LESS. ». 118 • 26 EXHIBIT B CONT. LEGAL DESCRIPTION LA QUINTA REDEVELOPMENT PROJECT NO. 2 ADDED AREA (FIFTH AMENDMENT) A portion of the south half of the northwest one -quarter of Section 18, Township 5 South, Range 7 East, San Bernardino Base and Meriden, in the County of Riverside, State of California, described more particularly as follows: Beginning at the west one -quarter comer of said Section 18, said comer being on the existing boundary of the City of La Quinta and on the centerline of Washington Street the following courses: Course 1. Thence, North 0008'34v East along the westerly line of said Section 18 and centerline of Washington Avenue a distance of 664.02 feet to the northwest corner of the south half of the south half of government lot 2 said corner also being on the centerline of Hidden River Road as shown on Parcel Map No. 12323; Course 2. Thence North 89034'27" East along the northerly line of said south half of the south half of Section 18 and centerline of Hidden River Road a distance of 475,34 feet to a point that is 11.00 feet easterly of northwest corner of Lot D of said Parcel Map No 12323; Course 3. Thence South 0°0834 West parallel to said westerly line of said Lot D and the westerly line of Parcel 2 of said Parcel Map No. 12323 a distance of 400.31 feet to a point on the southerly line of said Parcel 2, said point also being on the northerly property line of that parcel of land described in deed to Testa Family Limited Partnership 11, recorded December 26, 1995 as document number 426898 in the office of the County Recorder of said Riverside County; Course 4 Thence North 89°34'28" East along the Northerly line of said Testa Family land a distance of 849,23 feet, Course 5, Thence South 0020'37"East 265.62 feet to the southerly line of said Testa Land, said point also being on the east -west centerline of said Section 18: Course 6. Thence South 89A39'27 West along said east -west centerline of Section 18 and southerly of said Testa Family land 1326.81 feet to the point of beginning. Area = 12.42 Acres, more of less 6GatehnF.Youn , PLS 46'80�as 0 27 EXHIBIT C PROPOSED REDEVELOPMENT PROJECTS PUBLIC AGENCY REDEVELOPMENT PROJECTS STORM DRAIN SYSTEM Coachella Valley Stormwater Channel La Quinta Evacuation Channel General Storm Drains - various locations WATER SYSTEM Main Line Distribution Center SEWER SYSTEM Lift Sanitation (Jefferson & CVSC) Main Lines (to lift stations) BRIDGES Washington Street at Whitewater Jefferson Street at Whitewater Avenue 50 at La Quinta Channel Adams at Whitewater Avenue 48 at La Quinta Channel Dune Palms at Whitewater STREETIMPROVEMENTS East/West Streets Fred Waring Drive Westward Ho Drive Highway 111 Avenue 48 Avenue 50 North/South Streets Washington Street Adams Street Dune Palms Road Jefferson Street Hidden River Road RAISED MEDIANS Highway 111 Washington Street Jefferson Street TRANSIT TURNOUTS 14 Locations TRAFFIC SIGNALS Route 111 at Washington 28 Route 111 at Adams Route 111 at Dune Palms Route 111 at Jefferson Washington at Fred Waring Washington at Miles Jefferson at Fred Waring Jefferson at Miles Jefferson at Avenue 48 Jefferson at Avenue 50 COMMUNITY DEVELOPMENT PROGRAMS Provide commercial development funds Provide funds for demolition of dilapidated structures Provide funds for planning services to conduct design/implementation program studies COMMUNITY FACILITIES Develop new fire department facility and related equipment to service Project Area No. 2 Develop new parks to service Project Area residents HOUSING PROGRAMS All housing programs will be funded by the 20% housing set aside program. Senior Housing Program Increase and/or retain affordable senior housing units. Develop new senior housing projects. Facilitate reverse mortgages for senior homeowners. First Time Homebuyer Program Provide mechanism and financial support by which young families can purchase homes in the City of La Quinta. New Housing Affordability Cooperate with City to support policies and procedures to require a portion of all new housing units be affordable to families of low to moderate income. The program will include both rental and ownership elements. Housing Rehabilitation Program Provide opportunities for housing rehabilitation on a City-wide basis. Relocation Housing Provide Relocation Housing Assistance when necessary. 0 29 ATTACHMENT 2 REDEVELOPMENT AGENDY OF THE CITY OF LA QUINTA 78495 Caile Tampico La Quinta i'-.A '-j225 REPORT TO THE CITY COUNCIL Fifth Amendment to The Redevelopment Plan For La Quinta Redevelopment Project Area No. 2 LA QUINTA REDEVELOPMENT AGENCY NOVEMBER 2, 2010 INTELLIGENT COMMUNITY DEVELOPMENT LA QUINTA REDEVELOPMENT PROJECT AREA NO. 2 Redevelopment Agency of the 0tty of La Ouinta TABLE OF CONTENTS i INTRODUCTION............................................................................................................. Bk round.............................................................................. acg...................................... ProjectArea No. 2......................................................................... AddedArea.............................................................:..................... FifthAmendment.................................................................................. ..................... Plan Amendment Process............................................................. Contentsof this Report................................................................. SECTION A: REASONS FOR THE FIFTH AMENDMENT, INCLUDING DESCRIPTION OF THE PROPOSED PROJECTS AND HOW SUCH PROJECTS WILL IMPROVE OR ALLEVIATE BLIGHT IN THE ADDED AREA ............ 6 ProjectArea Location................................................................................................................................... 6 Reasons for Including the Added Area....................................................................................................... 6 Fifth Amendment to the Redevelopment Plan .............................. ..... ......- 6 ................................. . Determination as to Whether the Added Area is Predominantly Urbanized ........................................... 7 A Description of Specific Projects the Agency May Pursue and How Potential Projects will Address Continuing Redevelopment of the Added Area......................................................................................... 7 Substantial Rehabilitation of Affordable Housing ...................... 8 Construction of Affordable Housing ...................................................... .......... 8 Summary........................................................................................................................................................ 8 SECTION B: DESCRIPTION OF THE PHYSICAL AND ECONOMIC BLIGHTING CONDITIONS EXISTING IN THE 9 ADDEDAREA........................................................................................................................................... Legal Conditions for Finding blight............................................................................................................ 9 SECTION C: FIVE-YEAR IMPLEMENTATION PLAN.....................................................................................10 SECTION D: EXPLANATION OF WHY THE ELIMINATION OF BLIGHT IN THE ADDED AREA CANNOT BE ACCOMPLISHED BY PRIVATE ENTERPRISE ACTING ALONE OR THROUGH OTHER FINANCING ALTERNATIVES OTHER THAN TAX INCREMENT FINANCING.............................................................................................11 SECTION E: PROPOSED METHOD OF FINANCING, INCLUDING THE ECONOMIC FEASIBILITY OF THE FIFTH 12 AMENDMENT Method of Financing..........................................12 Financial Assistance from City, State, and/ or Federal Government .... ..................... . Lease or Sale of Agency -Owned Property 12 Participating in Development .................................... .............. ._........... ... 12 ............. Property Tax Increment ........................................... .... 12 LA QUINTA REDEVELOPMENT PROJECT AREA NO. 2 Redevelopment Agency of the City of La UL!irit 13 BondedDebt........................................................... .......... ........... .... .......... Other Available Sources .................................. ......................... Proposed Method of Financing........................................................................................................ .......... 13 Economic Feasibility Analysis................................................................................................................... 15 SECTION F: METHOD OF RELOCATION....................................................................................................16 SECTION G: ANALYSIS OF THE PRELIMINARY PLAN..................................................................................17 SECTION H: REPORT TO THE PLANNING COMMISSION............................................................................18 SECTION I: REPORT OF THE PROJECT AREA COMMITTEE..........................................................................19 SECTION J: STATEMENT OF CONFORMANCE TO THE GENERAL PLAN.......................................................20 SECTION K: ENVIRONMENTAL DOCUMENTATION...................................................................................21 SECTION L: REPORT OF THE COUNTY FISCAL OFFICER..............................................................................22 SECTION M: NEIGHBORHOOD IMPACT REPORT......................................................................................23 Relocation.................................................................................................................................................... 23 23 TrafficCirculation........................................................................................................................................ ........................................ 24 Environmental Quality ........................................................... .............••••..."' 24 Availability of Community Facilities and Services Affect of School Population and Quality of Education........................................................................... 24 25 Property Taxes and Assessments............................................................................................................. 25 Low and Moderate Income Housing Program.......................................................................................... SECTION N: SUMMARY OF AGENCY'S CONSULTATIONS WITH AFFECTED TAXING ENTITIES AND RESPONSE TO SAID ENTITIES CONCERNS REGARDING THE PLAN..............................................................................27 APPENDIX A: AMENDED FIVE YEAR IMPLEMENTATION PLAN AND HOUSING COMPLIANCE PLAN UPDATE APPENDIX B: PRELIMINARY PLAN APPENDIX C: STATEMENT OF PREPARATION Introduction BACKGROUND The La Quinta Redevelopment Agency ("Agency") is amending the Redevelopment Plan for the La Quinta Redevelopment Project Area No. 2 ("Redevelopment Plan") to add approximately 12.42 acres of territory to the La Quinta Redevelopment Project Area No. 2 ("Project Area"). This would be the Fifth Amendment to the Redevelopment Plan ("Fifth Amendment"). The purpose for the Fifth Amendment is to preserve and expand the City of La Quinta's ("City") supply of affordable housing by substantially rehabilitating and developing affordable multifamily housing using redevelopment funds. The proposed Fifth Amendment is being prepared in conformance with California Community Redevelopment Law, Health and Safety Code Section 33000 et. seq. ("CRL"). This Report to the City Council ("Report") provides reasons for the Fifth Amendment and describes its potential outcome as required by the CRL. PROJECT AREA NO. 2 The La Quinta Redevelopment Agency was established in 1983. Project Area No. 2 was established in May 1989 by Ordinance No. 139 to primarily address infrastructure deficiencies that limited private sector investment in commercial and residential development, and to increase and improve the community's supply of affordable housing. The Redevelopment Plan was subsequently amended on December 20, 1994 by Ordinance No. 259 to conform to new legal requirements. It was amended again on February 3, 2004 by Ordinance No. 399 to increase the limit on the amount of tax increment revenue the Agency may receive, and again on March 16, 2004 by Ordinance Nos. 403 and 404 to extend the duration of the Redevelopment Plan by one year. The Project Area encompasses approximately 3,116 acres and is located in the northern portion of the City. It is generally bound by Fred Waring Drive on the north, Jefferson Street on the east and Avenue 50 to the south. The western border varies between Washington Street and Eisenhower Drive. The Project Area consists of commercial, industrial, single and multifamily residential, retail, vacant lots, and recreational uses. ADDED AREA The proposed area to be added through the Fifth Amendment ("Added Area") consists of properties located in the City of La Quinta, Riverside County, California, approximately half a mile north of the Project Area (shown in Exhibit A). It is generally bound by Hidden River Road to the north, Washington Street to the west, and the Mediterra Apartments along Darby Road to the south. The eastern border varies between Byron Place and Lima Hall Road. The Added Area consists of three (3) properties encompassing 12.42 acres. The La Quinta General Plan designates these properties for High Density Residential (HDR). One of the parcels is developed with a 73- unit apartment complex (72 one -bedroom units and 1 2-bedroom manager's unit) with 72 of the units restricted to very low and low income seniors and special needs residents pursuant to previous underwriting by the Farmer's Home Administration, United States Department of Agriculture. The Agency plans to substantially rehabilitate the units and record 55 year affordability covenants when the complex is substantially rehabilitated. The other two parcels are undeveloped and the Agency intends to develop 68 additional multi -family dwellings that will be affordable to very low and low income households, senior and handicapped households. Exhibit A identifies the Project Area and Added Area. LA QUINTA REDEVELOPMENT PROJECT AREA NO EXHIBIT A: LA QUINTA REDEVELOPMENT PROJECT AREA NO. 2 0 0,125 0 "5 05 3 LA QUINTA REDEVELOPMENT PROJECT AREA NO. 2 Redevelopment Agency of the City of La Ouinta FIFTH AMENDMENT The purpose of the Fifth Amendment is to preserve and expand the City's supply of affordable housing by substantially rehabilitating and developing new low income multifamily housing within the Added Area using redevelopment funds. The Fifth Amendment is being prepared in conformance with the CRL. This document is the Agency's Report to the City Council on the Fifth Amendment. It has been prepared pursuant to Sections 33457.1 and 33352 of the CRL. Section 33457.1 of the CRL states that any reports and information required by Section 33352, to the extent warranted by a proposed redevelopment plan amendment, shall be prepared and made available to the public prior to a public hearing on the proposed redevelopment plan amendment. Similarly, Section 33451.5 of the CRL requires the preparation of a report in connection with certain redevelopment plan amendments, including amendments that change the boundaries of the project area, for delivery to the Department of Finance and the Department of Housing and Community Development no later than 45 days prior to the public hearing on the proposed redevelopment plan amendment. This Report is intended to provide the Agency Board and City Council with reports and information that are required by Sections 33352, 33451.5 and 33457.1 to be prepared for the adoption of the Fifth Amendment. Section 33320.2 (a) of the CRL provides that when adding territory to a redevelopment project area, the area may be either contiguous or noncontiguous. All noncontiguous areas shall be either blighted or necessary for effective redevelopment. An unblighted, noncontiguous area shall be conclusively deemed necessary for effective redevelopment if the following is applicable: • The area being added is being used predominantly for the construction and rehabilitation of low- or moderate -income housing; ■ The area being added is not included for the purpose of obtaining tax increment; and ■ The redevelopment agency will not use the power of eminent domain in that area. The Added Area meets these provisions. Therefore, this Report does not prove whether blight exists in the Added Area. Furthermore, Section 33368 of the CRL states that the decision of a legislative body is final and conclusive, and it shall thereafter be conclusively presumed that a project area is a blighted area as defined by Section 33031 of the CRL. Thus, this Report does not show whether blight remains in the Project Area. The Agency is pursuing the Fifth Amendment in order to preserve and enhance existing affordable housing, and to develop new affordable housing. Further, the Agency will be selling these units to a non-profit operator who will pay limited or no property taxes. Thus, the Agency is not pursuing this Fifth Amendment for the purpose of obtaining tax increment revenue. Finally, the Agency's eminent domain authority expired in 2001; therefore, eminent domain cannot be used in the Added Area. Amending the Redevelopment Plan to include the Added Area will assist the Agency's effort to increase the supply of affordable housing in the Added Area for the surrounding region. If the Fifth Amendment is adopted, the Agency will use redevelopment funds to substantially rehabilitate the existing property and construct an additional affordable multifamily housing on the undeveloped parcels within the Added Area. As part of the Fifth Amendment, the Agency has prepared an Amended and Restated Redevelopment Plan for Project Area No. 2 ("Amended and Restated Plan") to incorporate changes from the Fifth Amendment and from four prior amendments that were approved and recorded by ordinance but were never incorporated into the text. This creates one cohesive document that is easier for redevelopment staff to reference for administrative purposes, rather than having to interpret five separate amending ordinances. ?� 3 LA QUINTA REDEVELOPMENT PROJECT AREA NO. 2 Redevelopment Agency of the City of La Owrlta PLAN AMENDMENT PROCESS This Report is one of several documents that the CRL requires the Agency to prepare during the plan amendment process; it is intended to provide a comprehensive description of the Fifth Amendment. Over the past several months, the City Council, Agency, City's Planning Commission, affected taxing agencies, and the community at large have had an opportunity to study and comment on the Fifth Amendment. The City Council approved a Survey Area on June 17, 2008, A Preliminary Plan was prepared and approved by the Planning Commission on July 8, 2008 and by the Agency on July 15, 2008. The Planning Commission submitted a report and recommendation to the Agency and City Council concerning the conformity of the Fifth Amendment to the General Plan at its meeting of October 12, 2010. The Planning Commission determined that the Amended and Restated Plan conforms to the General Plan of the City of La Quinta and that the uses permitted within the Added Area are the same uses designated in and permitted by the City's General Plan. This Report and the final text of the Amended and Restated Plan will be considered by the Agency and the City Council at a joint public hearing on January 18, 2011. All Project Area and Added Area (collectively referred to as the "Amended Project Area") property owners and affected taxing agencies will receive notice of this public hearing by mail and through the publication of public notices in a local newspaper. If the Fifth Amendment is approved by the City Council after the public hearing, the Agency will send a copy of the adopted ordinance to the governing bodies of all affected taxing entities, the Riverside County Assessor, and the Riverside County Auditor -Controller. CONTENTS OF THIS REPORT The contents of this Report to the City Council are presented in fourteen sections, which generally correspond to the subdivisions presented in Section 33352 of the CRL. The sections are as follows: Section A: Reasons for the Fifth Amendment, Including a Description of the Proposed Projects and How Such Projects will Improve or Alleviate Blight in the Added Area Section B: A Description of the Physical and Economic Blighting Conditions Existing in the Added Area Section C: Five -Year Implementation Plan Section D: Explanation of Why the Elimination of Blight in the Added Area Cannot be Accomplished by Private Enterprise Acting Alone or Through Other Financing Alternatives Other Than Tax Increment Financing Section E: Proposed Method of Financing, Including the Economic Feasibility of the Fifth Amendment Section F: Method of Relocation Section G: Analysis of the Preliminary Plan Section H: Report of the Planning Commission Section I: Report of Project Area Committee Section J: Statement of Conformance to the General Plan Section K: Environmental Documentation Section L: Report of the County Fiscal Officer ME LA QUINTA REDEVELOPMENT PROJECT AREA NO. 2 f edeveiops-nent Agency of the City of La Q(Hrlta Section M: Neighborhood Impact Report Section N: Summary of the Agency's Consultations with Affected Taxing Entities and a Response to Said Entities' Concerns Regarding the Fifth Amendment Appendix A: La Quinta Redevelopment Project Area No. 2 Amended Five Year Implementation Plan Appendix B: Preliminary Plan Appendix C: Statement of Preparation 61 Reasons for the Fifth Amendment, Including Description of the Proposed Projects and How Such Projects Will Improve or Alleviate Blight in the Added Area PROJECT AREA LOCATION The Project Area encompasses approximately 3,116 acres and is located in the northern portion of the City. It is generally bound by Fred Waring Drive on the north, Jefferson Street on the east and Avenue 50 to the south. The western border varies between Washington Street and Eisenhower Drive. The Project Area consists of commercial, industrial, single and multifamily residential, retail, vacant lots, and recreational uses. The proposed Added Area is noncontiguous to the Project Area; approximately half a mile north of the Project Area. It is generally bound by Hidden River Road to the north, Washington Street to the west, and the Mediterra Apartments on Darby Road to the south. The eastern border varies between Byron Place and Lima Hall Road. A map of the Project Area and Added Area is included as Exhibit A. This section provides reasons for adopting the Fifth Amendment. As mentioned in the introduction, this Report is not required to document blighting conditions in the Added Area nor the Project Area pursuant to Sections 33320.2 and 33368 of the CRL. REASONS FOR INCLUDING THE ADDED AREA The purpose of the Fifth Amendment is to preserve and expand the City's affordable housing by substantially rehabilitating and developing affordable multifamily housing within the Added Area. The Agency has an obligation and commitment to provide affordable housing using Agency resources and funds as required by the CRL. The CRL requires that the Agency secure 2,307 affordable units. These units must have covenants to ensure that they remain affordable to very low, low or moderate income households for 45 to 55 years (45 years for owner -occupied units and 55 years for rental units). To date, the Agency has secured, or is in the process of securing, 1,507 units. The anticipated rehabilitation and construction of affordable units in the Added Area would contribute to this effort. Pursuant to the CRL, a redevelopment agency must produce two affordable units for every one unit it receives credit for, if the properties are located outside of a redevelopment project area; the redevelopment agency receives a one-for-ohe credit if the dwellings are located in a redevelopment project area. Therefore, the Agency is proposing to amend the Redevelopment Plan to add the Added Area to the Project Area to maximize credit for the creation of affordable housing. FIFTH AMENDMENT TO THE REDEVELOPMENT PLAN The proposed Fifth Amendment adds approximately 12.42 acres of are area noncontiguous to the existing Project Area. Pursuant to Section 33320.2 of the CRL, the Added Area is necessary for effective redevelopment because it will be used for the construction and rehabilitation of low and moderate income housing. The Added Area would not be utilized to collect tax increment. The Fifth Amendment would not alter land use policies, financial or time limits, or any other component of the Redevelopment Plan, nor would it change the terms of any financial obligation of the Project Area. The Fifth Amendment would accomplish redevelopment by providing financial and administrative tools to invest in preserving and developing affordable housing. 6 ,... 13 0 0 LA QUINTA REDEVELOPMENT PROJECT AREA NO. 2 Redevelopment Agency of tree CitV of La Uuinta Draft text of the Amended and Restated Plan has been prepared that includes all items required by the CRL and conforms to the La Quinta General Plan. The Amended and Restated Plan incorporates changes from the proposed Fifth Amendment. In addition, it has been amended to incorporate changes from four prior amendments to the Redevelopment Plan. The prior amendments were made by ordinance only; no changes were made to the original Redevelopment Plan text as a whole document. An Amended and Restated Plan has been prepared in order to combine the changes from all amendments into one document that is easier to reference for legal and administrative purposes. The following change has been incorporated into the Amended and Restated Plan for the Fifth Amendment. ■ Incorporates the Added Area into the Redevelopment Plan for the purposes of developing and substantially rehabilitating low and moderate income housing. The Added Area has its own time and financial limits based on the date the ordinance adopting the Fifth Amendment is approved. The following changes have been incorporated from four prior amendments that were not incorporated into the existing plan text: ■ Incorporates changes from the Fourth Amendment (adopted on March 16, 2004 by Ordinance No. 404) repealing the time limit to incur loans, advances and indebtedness for the Project Area. ■ Incorporates changes from the Third Amendment (adopted on March 16, 2004 by Ordinance No. 403) increasing the duration of the Redevelopment Plan's effectiveness by one year. ■ Incorporates changes from the Second Amendment (adopted on February 3, 2004 by Ordinance No. 399) increasing the limit on the number of tax dollars which may be allocated to the Agency from this Project Area to $1.5 billion. • Incorporates changes from the First Amendment (adopted on December 20, 1994 by Ordinance No. 259) to change the time limit on when the Agency may repay loans, advances and indebtedness and receive property tax increment to ten (10) years from the termination of the effectiveness of the Redevelopment Plan. (The First Amendment also changed the time limit on when the Agency may incur loans, advances and indebtedness; however this time limit was repealed by the Fourth Amendment as noted above.) DETERMINATION AS TO WHETHER THE ADDED AREA IS PREDOMINANTLY URBANIZED A redevelopment project area is considered predominantly urbanized if at least 80 percent of the land has been or is developed for urban uses, or if it is an integral part of one or more areas developed for urban uses that are surrounded by parcels that have been or are developed for urban uses. The Added Area consists of three (3) parcels. One of the parcels has a 73 unit multifamily apartment complex. The other two parcels are vacant but are an integral part of an area developed for urban uses that are surrounded by parcels that have been or are developed for urban uses. Uses adjacent to the vacant parcels include multifamily housing to the north and south, residential housing and vacant land to the east, and commercial and residential single and multifamily housing to the west. The vacant parcels are an integral part of the area because the parcels have been zoned for residential use, indicating that it was intended to be developed to fit in with the surrounding area. The Agency intends to conform to the zoning of the vacant parcels by developing a new multifamily housing project that is affordable to very low and low income residents. A DESCRIPTION OF SPECIFIC PROJECTS THE AGENCY MAY PURSUE AND HOW POTENTIAL PROJECTS WILL ADDRESS CONTINUING REDEVELOPMENT OF THE ADDED AREA The proposed Fifth Amendment includes a general description of affordable housing projects that may be undertaken by the Agency in the Added Area. If the Fifth Amendment is adopted, specific projects and programs identified in the Amended Five Year Implementation Plan, attached in Appendix A, as required by the CRL will be undertaken. The following identifies and discusses potential projects the Agency intends to complete. »a w 1- 3 LA QUINTA REDEVELOPMENT PROJECT AREA NO. 2 Redevelopment Agency of the City of La Quinta SUBSTANTIAL REHABILITATION OF AFFORDABLE HOUSING The Agency purchased the existing multifamily housing complex in 2008. Seventy-two (72) of the 73 units are currently restricted to very low income seniors and special needs residents pursuant to previous underwriting by the Farmer's Home Administration, United States Department of Agriculture. The multifamily housing complex is approximately 30 years old. The Agency will substantially rehabilitate 72 of the rent - restricted units and demolish the manager's unit and community building to construct new community amenities. Proposed improvements include unit rehabilitation, a new recreation building and community amenities, updated appliances and fixtures, more energy efficient windows and HVAC systems, new carports to protect residents from extreme heat, an improved noise barrier and streetscape on Washington Street. The Agency will record 55-year affordability covenants to preserve the affordability of the units to very low and low income senior and handicapped households. CONSTRUCTION OF AFFORDABLE HOUSING The Agency will develop a multifamily housing complex restricted to very low and low income seniors and special needs households. The Agency intends to build approximately 68 new units which will include a manager's unit and a unit for maintenance personnel. SUMMARY The purpose of the Fifth Amendment is to preserve and expand the City's supply of affordable housing by substantially rehabilitating and developing affordable multifamily housing within the Added Area using redevelopment funds. The Agency has an obligation and commitment to providing affordable housing using Agency resources and funds as mandated by the CRL. The proposed Fifth Amendment adds approximately 12.42 acres of noncontiguous territory to the Project Area pursuant to Section 33320.2 of the CRL. The Added Area is necessary for effective redevelopment because it will predominantly be used for the construction and rehabilitation of low or moderate income housing. The Added Area would not be utilized to collect tax increment nor would the agency use the power of eminent domain for the acquisition of property in the Added Area. The Agency plans to substantially rehabilitate 72 units restricted to very low income senior and disabled residents and build approximately 68 new units for very low and low income special needs and senior households. 8 .13 2 K Description Of The Physical And Economic Blighting Conditions Existing In The Added Area LEGAL CONDITIONS FOR FINDING BLIGHT Section 33320.2(a) of the CRL provides that an unblighted, noncontiguous area may be included in a project area if it is deemed necessary for effective redevelopment. One of the reasons an area may be deemed necessary for effective redevelopment is if it is used predominantly for the construction and rehabilitation of low or moderate income housing, as long as that area is not included for the purpose of obtaining tax increment and the redevelopment agency will not use the power of eminent domain on that area. The Added Area will only be used for the construction and rehabilitation of low or moderate income housing, will not be included to collect tax increment, and will not be subject to eminent domain. Thus, the Added Area does not have to be blighted as defined by the CRL and this Report does not need to prove that blight exists in the Added Area. Furthermore, Section 33368 of the CRL states that the decision of a legislative body is final and conclusive, and it shall thereafter be conclusively presumed that a project area is a blighted area as defined by Section 33031 of the CRL. Thus, this Report does not need to show that blight remains in the existing Project Area. The Project Area was originally established in 1989 primarily due to flood control and circulation system deficiencies, which were major impediments to private sector investment, and to increase and improve the community's supply of affordable housing. Additionally, economic development activities were impacted by parcels subdivided in a manner that limited their development in accordance with the City's General Plan due to their unusual configuration or small size. The City could not adequately fund the required improvements without redevelopment. The Agency has funded major infrastructure improvement projects since the Redevelopment Plan was adopted, both in conjunction with private developers, landowners, and with the City. As of the last amendment to the Redevelopment Plan in 2003, a need for approximately $20.9 million of non - housing improvements remained. The Agency continues to make improvements to eliminate remaining infrastructure deficiencies and property configuration impediments in the Project Area. t133 Five -Year Implementation Plan Implementation Plans contain 1) specific goals and objectives for a project area, 2) the specific projects to be completed in a project area, 3) expenditures to be made during the five-year planning period, and 4) an explanation of how these goals, objectives, and expenditures will eliminate blight within a project area. The Fourth Five Year Implementation Plan' (FY 2009-10 through 2013-14) for the Project Area has been amended to include the Added Area and is attached as Appendix A. ' The Amended Implementation Plan indicates approximately 83 units will be constructed based and an Agency expenditure of $18,000,000. The anticipated 68 units and project expenditure of $24,252,458 as identified in Section E is based on the most current site plan from the time this Report was written. This project is in the design phase and number of units and Agency expenditure is subject to change. This project will be updated during the Mid-term Review of the Implementation Plan. 10 1 4 Explanation of Why the Elimination Of Blight In The DAdded Area Cannot Be Accomplished By Private Enterprise Acting Alone Or Through Other Financing Alternatives Other Than Tax Increment Financing Pursuant to Section 33320.2 of the CRL, the Added Area does not have to be blighted nor will it be included for the purpose of obtaining the allocation of taxes pursuant to Section 33670 of the CRL. Thus, an explanation of why the elimination of blight in the Added Area cannot be accomplished by private enterprise acting alone or through other financing alternatives other than tax increment financing does not have to be included in this Report. The Added Area will be used for the primary purpose of substantially rehabilitating and/or constructing affordable housing, which is one of the goals of redevelopment. If the Fifth Amendment is adopted, the Agency will be able to preserve and building affordable housing with Low and Moderate Income Housing Funds ("Housing Fund"). Proposed Method Of Financing, Including The Economic Feasibility Of The Fifth Amendment Section 33352 of the CRL requires that a report of an agency to a legislative body include information on the proposed method of financing, including information on the economic feasibility of the Added Area. The Added Area will not collect tax increment pursuant to Section 33670 of the CRL; however, the Agency will utilize funding from the existing Project Area to implement activities in the Added Area. METHOD OF FINANCING The Agency is permitted to finance redevelopment of the existing Project Area from the following resources: • Tax Increment Revenues; ■ Bonded Debt; ■ Financial Assistance from the City, County, State of California and/or Federal Government; ■ Proceeds from lease or sale of Agency -owned property; ■ Loans from private financial institutions; and • Any other legally available source. The more typical sources of redevelopment financing that may be employed in the existing Project Area to fund redevelopment activities in the Added Area are described below. FINANCIAL ASSISTANCE FROM CITY, STATE, AND/OR FEDERAL GOVERNMENT The Agency may obtain loans and advances from the City for planning, construction, and operating capital. The City may also defer payments on Agency loans for land purchases, benefiting the Agency's cash flow. Such assistance may be employed to meet short term cash flow needs. As available, other funds such as state -apportioned road funds, state housing and infrastructure bond funds, state and federal transportation funds, and federal Community Development Block Grants (CDBG) will be appropriately utilized in conjunction with Agency funds for costs of project implementation. LEASE OR SALE OF AGENCY -OWNED PROPERTY Under the existing Redevelopment Plan, the Agency may sell, lease, or otherwise encumber its property holdings to pay the costs of project implementation. PARTICIPATING IN DEVELOPMENT If the Agency enters into agreements with property owners, tenants, and/or other developers that provide for revenues to be paid or repaid to the Agency, such revenues may be used to pay project implementation costs. PROPERTY TAX INCREMENT The Agency will not collect property tax increment as provided for in Section 33670(b) of the CRL from the Added Area. However, the Agency does collect property tax increment from the existing Project Area to employ tax increment financing to fund redevelopment activities. Tax increment revenue is intended to fund ongoing redevelopment activities and to pay indebtedness incurred by the Agency. Indebtedness includes 12 ,.m t 3 b LA QUINTA REDEVELOPMENT PROJECT AREA NO. 2 Redevelopment Agency of the Gity, of La Qu,nfa principal and interest on loans, monies advanced, or debts (whether funded, refunded, assumed, or otherwise) incurred by the Agency to finance or refinance, in whole or in part, redevelopment activities. Tax increment revenues are distributed to address an array of obligations. As required by Section 33334.2 of the CRL, 20 percent of the Project Area's tax increment revenue is deposited into the Agency's Housing Fund for the purposes of increasing, improving, and preserving the community's supply of low and moderate income housing. Monies from the Housing Fund will be used to fund rehabilitation and development of affordable housing in the Added Area. Additionally, since the Agency looks at both of its redevelopment project areas (Redevelopment Project Area Nos. 1 and 2, or "Project Areas") when implementing its housing mandate, Housing Fund revenue from both Project Areas will be pledged for affordable housing activities in the Added Area. The remaining 80 percent of the tax increment revenue is used to pay for Agency obligations to taxing entities, debt service costs, and other program expenditures such as infrastructure, capital facilities, and economic development programs within the Project Area. The Redevelopment Plan has no time limit to incur debt and permits the Agency to collect tax increment revenue until May 2040 from the existing Project Area. None of the existing time or financial limits in the Redevelopment Plan for the existing Project Area will be affected by the Fifth Amendment. The effectiveness of the Redevelopment Plan for the Added Area will expire 30 years from the date the ordinance that approves the Fifth Amendment is adopted. BONDED DEBT Under the current Redevelopment Plan, the Agency has the capacity to issue bonds and/or notes for any of its corporate purposes, payable in whole or in part from tax increment revenue generated from the existing Project Area. Any bonds issued by the Agency are the responsibility of the Agency, and neither the City nor its taxpayers are liable for debt service on the bonds. Redevelopment bonds are typically issued based on current cash flows, without regard to the potential increase in revenues that may lie ahead. The Fifth Amendment would not change any bonded debt provisions in the Redevelopment Plan. Bond money issued to the Agency may be used to fund redevelopment projects in the Added Area if they are allocated for affordable housing activities. OTHER AVAILABLE SOURCES Any other loans, grants, or financial assistance from the federal government, or any other public or private source will be utilized, as available and appropriate. The Agency will also consider use of the powers provided by the CRL to provide construction and other funds for appropriate projects. Where feasible and appropriate, the Agency may use assessment district and/or Mello -Roos bond financing to pay for the costs of public infrastructure, facilities, and operations. PROPOSED METHOD OF FINANCING One source of project financing for the Added Area is the Housing Fund from both of the existing Project Areas. The Agency aggregates its housing production fulfillments among both Project Areas to create more affordable housing opportunities where they are most needed, rather than limiting affordable housing production in one area. Twenty percent (20%) of the gross tax increment revenues from the Project Areas are deposited into the Housing Fund annually. Table 1 presents a detailed preliminary forecast of housing funds from tax increment revenues for the Project Areas. The projections assume a conservative 3 percent annual growth rate of assessed values within the Project Areas. The cumulative Housing Fund revenue projected from fiscal year 2010-11 to the last year the Project Areas may collect tax increment revenue is $417,508,221 and remaining revenue for program administration and new construction and rehabilitation projects of $198,013,957 after debt service payments. 13 LA QUINTA REDEVELOPMENT PROJECT AREA NO. 2 Redevelopment Agency o` the City of La OtAinta Housing Fund Cash Flow Forecast Table 1 La Quinta Redevelopment Project Area Nos. 1 and 2 Fiscal Year Housing Fund Revenue Project No. 1 Project No. 2 Total 2010-11 8,772,851 4,780,134 13,552,985 2011-12 9,043,926 4,925,629 13,969,555 2012-13 9,323,133 5,075,489 14,398,622 2013-14 9,610,717 5,229,844 14,840,561 2014-15 9,906,928 5,388,831 15,295,759 2015-16 10,212,026 5,552,586 15,764,612 2016-17 10,526,276 5,721,255 16,247,531 2017-18 10,849,954 5,894,983 16,744,937 2018-19 11,183,342 6,073,924 17,257,266 2019-20 11,526,732 6,258,233 17,784,964 2020-21 11,880,423 6,448,070 18,328,494 2021-22 12,244,726 6,643,603 18,888,329 2022-23 12,619,957 6,845,002 19,464,959 2023-24 13,006,445 7,052,443 20,058,889 2024-25 13,404,528 7,266,108 20,670,636 2025-26 13,814,554 7,486,182 21,300,735 2026-27 14,236,880 7,712,858 21,949,738 2027-28 14,671,876 7,946,335 22,618,211 2028-29 15,119,922 8,186,816 23,306,737 2029-30 8,434,511 8,434,511 2030-31 8,689,637 8,689,637 2031-32 8,952,417 8,952,417 2032-33 9,223,081 9,223,081 2033-34 9,501,864 9,501,864 2034-35 - 9,789,011 9,789,011 2035-36 - 10,084,772 10,084,772 2036-37 10,389,406 10,389,406 Debt Service Funds for Program 2004 Bonds Administration & Projects 5,949,931 7,603,054 5,945,331 8,024,224 5,949,106 8,449,516 5,949,056 8,891,505 5,950,306 9,345,452 5,946,556 9,818,056 5,947,369 10,300,162 5,947,144 10,797,793 5,945,619 11,311,647 5,947,531 11,837,433 5,947,356 12,381,137 5,949,831 12,938,498 5,949,431 13,515,528 5,945,894 14,112,995 5,948,956 14,721,680 5,947,831 15,352,904 5,946,331 16,003,407 5,945,831 16,672,379 5,945,831 17,360,906 5,945,831 2,488,680 5,950,331 2,739,306 5,947,788 3,004,630 5,948,200 3,274,881 5,945,800 3,556,064 5,950,075 3,838,936 10, 084, 772 10,389,406 2037-38 - 2038-39 - Total $ 221,955,195 $ 195,553,025 $ 417,508,221 $ 148,693,269 268,814,952 NPV@ 6.0% $133,942,991 Source: County of Riverside Auditor -Controller, Redevelopment Agency of the City of La Quinta 1 3 8 LA QUINTA REDEVELOPMENT PROJECT AREA NO. 2 Redevelopment Agency of the City of 1-a Quinta ECONOMIC FEASIBILITY ANALYSIS Redevelopment of the Added Area may involve $24,252,458 of public investment in order to substantially rehabilitate and develop affordable housing. Table 2 documents the projected sources and uses of tax increment revenue projected from the Project Area. Sources and Uses of Funds - Added Area Table 2 La Quinta Project Area No. 2 Sources Housing Fund Revenue (See Table 1) $ 268,814,952 Uses Substantial Rehabilitation $ 7,067,400 72 units plus common area, manager's unit and site improvements New Construction $ 17,185,058 Up to 68 new units on vacant parcels Source: Redevelopment Agency of the City of La Quinta 15 Method Of Relocation The Fifth Amendment does not alter the Method of Relocation for the Project Area. The Added Area will adhere to the Method of Relocation for the Project Area. The Agency will also adhere to the State Relocation Guidelines, consisting of the State Relocation Law (Government Code 7260 through 7277), and the California Relocation Assistance and Real Property Acquisition Guidelines as established in the California Code of Regulations, Title 25, Chapter 6 (collectively "Relocation Guidelines"). If relocation is necessary, the Relocation Guidelines ensure that the Agency will meet its relocation responsibilities to any families, persons, businesses, or nonprofit local community institutions to be temporarily or permanently displaced as a consequence of the implementation of the Redevelopment Plan. No persons or families of low and moderate income shall be displaced unless and until there is a suitable housing unit available and ready for occupancy by the displaced person or family at rents comparable to those at the time of their displacements. 16 10 Analysis of the Preliminary Plan Section 33352(g) of the CRL requires the inclusion of an analysis of the Preliminary Plan for the Amended Project Area. An Amended and Restated Preliminary Plan ("Preliminary Plan") was prepared to amend the Project Area boundaries. On July 8, 2008 the Planning Commission approved a Preliminary Plan for the Amended Project Area by Resolution No. 2008-046. The Preliminary Plan was subsequently approved and accepted by the Agency on July 15, 2008 by Resolution No. 2008-003. In accordance with Section 33324 of the CRL, the Preliminary Plan describes the boundaries of the Amended Project Area and includes general statements of land uses and of the layout of principal streets, population densities, building intensities and standards proposed as the basis for the redevelopment of the Amended Project Area. The Preliminary Plan addresses how the Amended Project Area would attain the purposes of the CRL. The Preliminary Plan also discusses how the proposed redevelopment of the Amended Project Area is consistent with the community's general plan and described the impact of the project upon residents of the Amended Project Area and surrounding neighborhoods. A copy of the Preliminary Plan is attached as Appendix B. The Fifth Amendment conforms to the standards and provisions of the Preliminary Plan, as detailed below: • Project Area Location and Description: This section of the Preliminary Plan describes the boundaries of the Project Area and Added Area. The proposed boundaries are identical to those described in the Preliminary Plan. ■ General Statement of Proposed Planning Elements: This section of the Preliminary Plan states that Amended Project Area's land uses, proposed layouts of principal streets, proposed population densities, proposed building intensities, and proposed building standards shall be subject to and controlled by the General Plan, Zoning Ordinance, and other local codes, as amended from time to time. These planning elements are incorporated into the Redevelopment Plan and are not affected by the Fifth Amendment. Additionally, the Fifth Amendment does not propose any changes to population or development densities or land use designations. ■ Attainment of the Purposes of the CRL: This section of the Preliminary Plan generally sets forth the objectives of the Amended Project Area. To this end, the Redevelopment Plan contains a detailed list of redevelopment goals that permit the Agency to complete its redevelopment program to eliminate persistent blighting conditions in the Amended Project Area in accordance with the CRL. ■ Consistency with the City's General Plan: The Preliminary Plan and the Redevelopment Plan conform to the standards, policies and provisions of the General Plan, as they exist or are hereafter amended. General Impact of the Proposed Project Upon the Residents of the Protect Area and Surrounding Neighborhoods: This section of the Preliminary Plan states that residents in and around the Added Area will benefit from a greater supply of affordable housing. Other impacts associated with the implementation of the Fifth Amendment have been assessed and analyzed in the Negative Declaration, addressed in Section K of this Report, and the Neighborhood Impact Report, addressed in Section M of this Report. The Redevelopment Plan provides the Agency with the redevelopment tools and policies necessary to achieve positive impacts and mitigate negative impacts. 17 Report to the Planning Commission Section 33352(h) of the CRL requires inclusion of a report of the Planning of the City of La Quinta ("Planning Commission"). The Planning Commission adopted its report on the conformity of the Fifth Amendment with the City's General Plan on October 12, 2010 by Resolution No. 2010-021. Pursuant to the Planning Commission's action, the Fifth Amendment is in conformity with the City of La Quinta General Plan. i. 42, Report of the Project Area Committee A Project Area Committee ("PAC') does not exist for the Fifth Amendment. Pursuant to Section 33385.3 of the CRL, a Project Area Committee ("PAC') is required if the Agency proposes to amend a redevelopment plan to: (1) grant the authority to the Agency to acquire by eminent domain property on which persons reside in a project area in which a substantial number of low and moderate income persons reside; or (2) add territory in which a substantial number of low and moderate income persons reside and grant the authority to the Agency to acquire, by eminent domain, property on which persons reside in the added territory. The proposed Fifth Amendment does not do either of these things; thus not requiring the formation of a PAC. Agency staff and consultants continue to have on -going discussions with the residents in the Added Area to discuss desired property improvements. Staff anticipates that these meetings will continue as the Fifth Amendment is considered. Further, Agency staff will be conducting a community meeting on January 10, 2011 to field additional questions and discuss the Fifth Amendment with stakeholders and interested parties. Notice of the workshop will be included in the notice of the joint public hearing, which will be mailed to taxing agencies on December 1, 2010 and property owners on December 13, 2010. 19 »., 1. 43 Statement of Conformance to the General Plan I� Section 333520) of the CRL requires a report of General Plan conformance per Section 65402 of the Government Code. As set forth in Section H, the Planning Commission determined that the Fifth Amendment is in conformity with the City's General Plan on October 12, 2010. 20 11, 144 Environmental Documentation Section 33352(k) of the CRL requires the inclusion of the report prepared pursuant to Section 21151 of the Public Resources Code. Reporting for the proposed Fifth Amendment consists of a determination that the previously -approved Initial Study and Negative Declaration ("IS/ND") adopted by the Board of Supervisors of the County of Riverside for the detachment of the Added Area from the Riverside County Desert Communities Project Area Palm Desert Sub -Area. The IS/ND was prepared in accordance with the requirements of the California Environmental Quality Act (Public Resources Code Section 21000 et seq., "CEQA"). The IS/ND found the proposed Fifth Amendment would have less than significant impacts on the Added Area. The IS/ND reviewed all potential environmental impacts associated with the proposed Fifth Amendment. Topics included: aesthetics; agriculture and forest resources; air quality; biological resources; cultural resources; geology and soils; hazards and hazardous materials; hydrology and water quality; land use and planning; mineral resources; noise; population and housing; public services; recreation; transportation and traffic; and utilities and service systems. 21 r Report of the County Fiscal Officer A report of the county auditor -controller in accordance with Section 33328 of the CRL is not required for the Fifth Amendment because the Added Area will not obtain the allocation of taxes pursuant to Section 33670 of the CRL. The Agency sent a Statement of Preparation to the Riverside County Auditor -Controller on September 15, 2010. At the time this Report was written, the Agency had not received a response from the County Auditor -Controller. A copy of the Statement of Preparation is included in Appendix C. 22 Neighborhood Impact Report The CRL requires that a Neighborhood Impact Report discuss the impact the Fifth Amendment will have on low and moderate persons or families in the following areas: relocation, traffic circulation, environmental quality, availability of community facilities and services, effect on school population and quality of education, property assessments and taxes, and other matters affecting the physical and social quality of the neighborhood. Additional issues that the neighborhood impact report must address include: the number of low or moderate - income dwelling units to be removed or destroyed; the number of low or moderate income persons or families expected to be displaced; the general location of housing to be rehabilitated, developed or constructed; the number of dwelling units planned for construction or rehabilitation to house persons and families of low or moderate income (other than replacement housing); the projected means of financing the aforementioned dwelling units; and the projected timetable for meeting a redevelopment plan's relocation, rehabilitation, and replacement housing objectives. RELOCATION The Agency anticipates that the rehabilitation of the existing 72 income restricted very low income housing units within the Added Area will result in the temporary displacement of affordable housing units. As a public agency formed under the provisions of state law, the Agency is required to adhere to the State Relocation Law (Government Code Sections 7260 through 7277) and follow the California Relocation Assistance and Real Property Acquisition Guidelines ("State Guidelines") as established in the California Code of Regulations, Title 25, Chapter 6. Prior to commencement of any acquisition activity that may cause substantial displacement (other than an insignificant amount of non-residential displacement), the Agency will adopt a specific relocation plan in conformance with the State Guidelines. To the extent appropriate, the Agency may supplement those provisions provided in the State Guidelines to meet particular relocation needs of a specific project. Such supplemental policies, if adopted in the Agency's sole discretion, will not involve reduction, but instead enhancement of the relocation benefits required by State Law. TRAFFIC CIRCULATION An Initial Study and Negative Declaration was prepared to assess traffic and other environmental impacts of the proposed Fifth Amendment. The IS/ND concluded the proposed Fifth Amendment would result in no significant traffic impacts. When the original Redevelopment Plan was adopted many traffic and circulation programs impacted traffic circulation in the Project Area. The Redevelopment Plan includes numerous improvements to the traffic and circulation system to alleviate the existing deficiencies and provide for improvements that will mitigate future traffic increases resulting from new development. The City's General Plan would control the land use designations and intensities of the Amended and Restated Plan; its implementation would not create locally or cumulatively significant impacts beyond what is anticipated pursuant to the General Plan. The Added Area does not deviate from the current Redevelopment Plan's land use policies which mirror those in the General Plan. The Fifth Amendment does not propose any change in land use designations or existing General Plan policies. 23 LA QUINTA REDEVELOPMENT PROJECT AREA NO. 2 Redevelopment Agency of the City W L.-i OLW)t�i ENVIRONMENTAL QUALITY The IS/ND reviewed the environmental impacts of the proposed Fifth Amendment and concluded the proposed Fifth Amendment itself would not result in any significant impacts. As stated in the proposed Amended and Restated Plan, all development must conform to the City's General Plan and other applicable State and local building codes and controls. Because the proposed Fifth Amendment does not propose uses or intensities beyond the General Plan and other related land use policy documents, adherence to adopted General Plan and land use policies will ensure that implementation of the proposed Fifth Amendment would lessen or avoid potential impacts. This would ensure that the quality of the environment is maintained. During implementation of the Amended and Restated Plan, implementation projects may warrant further environmental review analysis as required by CEQA. AVAILABILITY OF COMMUNITY FACILITIES AND SERVICES The IS/ND determined that the Fifth Amendment would not have significant impact on public facilities including fire protection, police protection, schools, and parks. The proposed Amended and Restated Plan provide that any redevelopment activity is subject to, and consistent with, the policies set forth in the City's General Plan, Zoning Ordinance, and local codes and ordinances, as they now exist or are hereafter amended; the General Plan incorporates policies to mitigate impacts on public services and facilities. Implementation of the proposed Amended and Restated Plan and their proposed projects are expected to improve the City's existing community facilities and services. The proposed Amended and Restated Plan will allow the Agency to utilize tax increment revenues to provide for the upgrading of existing, and construction of new, community facilities, which will be of benefit to the Project Areas. AFFECT OF SCHOOL POPULATION AND QUALITY OF EDUCATION The Added Area consists of three (3) parcels that are zoned for High Density Residential (RH). One of the parcels is comprised of a 73 unit apartment complex with 72 income restricted units that are occupied by very low and low income senior and handicapped households. The adjoining parcels are vacant. The Agency intends to substantially rehabilitate 72 income restricted units apartment complex and continue to rent the units to very low and low income senior and handicapped households, and to construct affordable housing for low income residents 55 years and older, and handicapped residents on the adjoining parcel. The existing manager's unit along with the community center will be demolished and replaced with new community amenities. One of the 68 units constructed will be designated for as a manager's unit. The Amended Project Area is served by the Desert Sands Unified School District ("Desert Sands USD") and Desert Community College District. It is projected to be only two school -aged children in the Added Area; therefore, the Agency anticipates no impact on grades 5-12 schools. The Agency has existing pass through agreements with Desert Sands USD and Desert Community College District. The existing pass through agreement with Desert Sands USD provides that the Agency shall retain 50% of the tax increment revenue generated by Desert Sands USD's 37.16% property tax levy and the remaining 50% is paid to Desert Sands USD. The existing pass through agreement with the Desert Community College District provides that the District receive 50% of the tax increment revenue generated by the District's 7.72% property tax levy. The Added Area will only be used for the construction and rehabilitation of low or moderate income housing and will not be included to collect tax increment. Therefore, the Fifth Amendment does not alter the allocation of property tax payments made to these agencies. 24 LA QUINTA REDEVELOPMENT PROJECT AREA NO. 2 Redevelopment Agency of the City of La Quinta PROPERTY TAXES AND ASSESSMENTS The Redevelopment Plan calls for various methods of financing their implementation. Because redevelopment agencies do not have the constitutional authority to impose taxes, implementation of the proposed Amended and Restated Plan will not cause an increase in property tax rates. Rather, the principal method of financing redevelopment will be the utilization of tax increment revenues generated by the Project Area. Tax increment financing reallocates property tax revenues generated by increases in the assessed value of property in the Project Area. Although redevelopment of the Project Area will increase the assessed valuation, the property owners in the Project Area will not experience increases in property taxes beyond those normally allowed by other state law and state constitutional provisions. LOW AND MODERATE INCOME HOUSING PROGRAM Number of Dwelling Units Housing Low and Moderate Income Households Expected to be Destroyed or Removed by Redevelopment of the Added Area The Added Area contains a 73-unit apartment complex with 72 of the units income restricted and occupied by very low and low income senior and special needs households. The Agency intends to substantially rehabilitate these units. Households may be temporarily displaced during the substantial rehabilitation process but these units will not be destroyed or removed by implementation activities. Number of Persons and Families of Low and Moderate Income Expected to be Displaced by the Redevelopment of the Added Area There are 97 very low and low income individuals that reside in the Added Area. The substantial rehabilitation of the existing 72 income restricted units apartment complex may temporarily displace these individuals. General Location of Replacement Low and Moderate Income Housing to be Rehabilitated, Developed and Constructed The Agency is required by the CRL to replace within four years, by a variety of means, any low and moderate income dwelling units removed by a project. A commitment to do so is contained in Section 531 of the proposed Amended and Restated Plan. Construction of replacement low and moderate income housing will be dependent upon land availability, market conditions and availability of funds. Number of Dwelling Units Housing Persons of Low and Moderate Income Planned for Construction or Rehabilitation Other than Replacement Housing Based upon the projections contained in the Agency's FY 2004-05 to 2013-14 Housing Compliance Plan Update for the Project Areas, the Agency must secure 2,307 affordable units of which 925 must be affordable to very low income households. At the end of FY 2008-09, the Agency has secured 1,052 affordable units in the Project Areas, of which 558 are affordable to very low income individuals and households. This leaves the need to secure an additional 1,255 affordable units and 367 very low income households in the Project Areas. Projected means of Financing Rehabilitation and New Construction of Housing for Low and Moderate Income Households The Agency intends to utilize not less than 20 percent of its tax increment revenues to finance the rehabilitation, construction and purchase of, and mortgage assistance to, housing for low and moderate income households, in accordance with the provisions of the CRL as it now exists or may hereafter be amended. The Agency will also cooperate with the City to pool funds and resources beyond the tax 25 LA QUINTA REDEVELOPMENT PROJECT AREA NO. 2 Redevelopment Agency of the City of La Quinta increment set aside funds if it is determined to be necessary by both legislative bodies in order to improve the City's affordable housing stock. Projected Timetable for Meeting the Redevelopment Plans' Relocation, Rehabilitation and Replacement Housing Objectives The substantial rehabilitation of the existing 72 income restricted units and new construction 68 units will be completed in phases to avoid the permanent displacement of existing households. The Agency anticipates to initially construct 26 units of which two (2) of the units will be for the property manager and maintenance personnel and 24 units will be used for the temporary relocation of households. The existing units would be substantially rehabilitated in groups of 24 units at a time. The households residing in these units will be temporarily relocated to the newly constructed 24 units until substantial rehabilitation is complete. The remaining construction of 42 new units is unknown at this time. 26 Summary of Agency's Consultations with Affected Taxing Entities and Response to Said Entities Concerns Regarding the Plan Section 33352(n) of the CRL requires a summary of the agency's consultations with affected taxing entities, or the agency's attempts to consult with the taxing entities, and the agency's response to any written objections or concerns. On September 15, 2010, the affected taxing agencies and the State Board of Equalization were sent a Statement of Preparation for the Fifth Amendment. As part of the mailing, the Agency offered to consult with the affected taxing entities pursuant to Section 33328 of the CRL. On December 1, 2010, the affected taxing entities were sent a copy of the Amended and Restated Plan. As part of this mailing, the Agency again offered to consult with the affected taxing entities pursuant to Section 33328 of the CRL. In accordance with Section 33452 of the CRL, the Agency transmitted notice of the joint public hearing via certified mail, return receipt requested, to the governing body of each affected taxing entity on December 1, 2010. 27 Appendix A Amended Fourth Five Year Implementation Plan Fiscal Years 2009-10 Through 2013-14 28 Appendix B Preliminary Plan ----------'-----------------------�----------- ---- - T 29 I�� `� u \ -.� Appendix C Statement of Preparation 30 AMENDED FOURTH FIVE YEAR IMPLEMENTATION PLAN LA QUINTA REDEVELOPMENT AGENCY Fiscal Years 2009-10 THROUGH 2O13-14 Prepared by: k ax INTELLIGENT COMMUNITY pf Vf tOPMf Ni TABLE OF CONTENTS INTRODUCTION......................................................................................................... .................. .3 LegalAuthority......................................................................................................................... 3 Implementation Plan Objectives................................................................................................ 3 Document Organization............................................................................................ . ...:...... . ... 4 WHAT IS REDEVELOPMENT?.............................................................. .5 The Public Value & Benefits of Redevelopment.............................................................................. .. _.... 5 BLIGHT................................................................................................................................... 5 TAX INCREMENT FINANCING.................................................................................................. 6 20 Percent Low and Moderate Income Housing Set -Aside Fund... .... .... .. .. ............ 6 Pass -Through Payments .... ................. ................... ......... -............... ......... - ... .................. .... _ .. _ 7 State Takeaways — SERAF Payments................................................................................ ... ... 7 WHAT IS A REDEVELOPMENT PLAN?...................................................................................... 7 ABOUT THE AGENCY & PROJECT AREAS.. .................. .............. ............................ ..... ........... __.9 ACCOMPLISHMENTS............................................................................................................ _.......... 12 REDEVELOPMENT PLAN GOALS................................................................................................... 15 REDEVELOPMENT WORK PROGRAM........................................................................................... 17 REDEVELOPMENT (NON -HOUSING) CASH FLOW..........................................................................23 INTRODUCTION................................................................................................. . ......... . .................... 26 Affordable Housing Work Program...........................................................................................27 AFFORDABLE HOUSING COMPLIANCE.................................................................... .......... 32 Blueprint for Agency Housing Activities....................................................................................... _ 32 HOUSINGPRODUCTION.........................................................................................................32 REPLACEMENTHOUSING......................................................................................................37 HOUSING PROGRAM CASH FLOW ANALYSIS.........................................................................38 Expenditures by Household Types.................................................................... . ......... . ......... . . 38 PRIOR FIVE-YEAR HOUSING FUND EXPENDITURES..............................................................41 Units Assisted by Housing Fund...................................................................................................... 41 Housing Units Constructed During Prior Implementation Plan Without Housing Funds ................... _. 41 APPENDIX1............................................................................................................................... 44 Summary of Pass Through Agreements.............................................................................................. ....... 44 ProjectNo. 1...........................................................................................................................44 Coachella Valley Mosquito Abatement District ..... ................... .................... .......................... ._..... 44 Coachella Valley Unified School District...................................................................................... _ _ 44 Coachella Valley Water District .............. ................................. ........... ..... I ..... .............. .._.... ... 44 County General Fund, Library, and Fire Districts...................................................................... 45 DesertCommunity College....................................................................................................... ..... - .. 45 Desert Sands Unified School District....................................................................................... - -- .. 45 Statutory Pass Through Payments ............................................. ............ ....... .................. ........... ........ ... 46 ProjectNo. 2...........................................................................................................................47 Coachella Valley Community College District ................ ............ ............. ................ ...... .... .... ..... __ .. 47 Coachella Valley Mosquito and Vector Control District........................-............................ ,....... 47 Coachella Valley Recreation and Park District ............................... ..,,.............................. ..... ..._._ ... 47 Coachella Valley Water District.... ...................................... ........ 47 i t ") b Countyof Riverside ........... ...................... ........................ --- ..... ......... ......... ............... .... .... --- .... 47 Riverside County Superintendent of Schools................................................................................ ... _.. 47 Desert Sands Unified School District .... ........... ...... ..................................... ............. ........ .... ........... 47 Statutory Pass Through Payments .............. ............. ................................................ .................. ....... 47 APPENDIX2............................................................................................................................ .... ...49 Redevelopment Project Inventory.......................................................................................................... 49 APPENDIX3.................................................................................................................................. 50 Glossaryof Housing Terms .................................. ..... .............. ....... ...... ............................................. ......__ .. 50 Duration of Affordability Covenants.........................................................................................50 Affordability Income and Cost Levels.......................................................................................51 INTRODUCTION About This Implementation Plan Every five years, redevelopment agencies are required to adopt implementation plans that establish five-year operational and financial work programs for their redevelopment, economic development, and affordable housing programs and projects. This document is the Amended Fourth Five Year Implementation Plan ("Implementation Plan") for the La Quinta Redevelopment Agency ("Agency"); it covers the five-year planning period of Fiscal Years 2009-10 through 2013-14 for La Quinta Redevelopment Project No. 1 ("Project No. 1 ") and La Quinta Redevelopment Project No. 2 ("Project No. 2"), collectively referred to as the "Project Areas". This Implementation Plan also updates the Agency's Ten -Year Housing Compliance Plan ("Housing Compliance Plan") which outlines the Agency's affordable housing obligations and initiatives for the current 10-year compliance period (Fiscal Years 2004-05 to 2013-14). This Implementation Plan amends the Implementation Plan that was adopted on January 19, 2010. LEGAL AUTHORITY In 1993, the Legislature passed Assembly Bill 1290 (Chapter 942, Statutes of 1993), which enacted the California Community Redevelopment Law Reform Act and made sweeping changes to state redevelopment law (Health and Safety Code §§33000 et seq.) ("CRL"). The Legislature passed this legislation as part of a major effort to increase both the effectiveness and accountability of redevelopment agencies. One notable change was the addition of Article 16.5 (§§33490 et seq.) to the CRL, which required redevelopment agencies to adopt five year implementation plans for all project areas on or before December 31, 1994, and every five years thereafter. CRL Section 33490(a) requires that an implementation plan present: • The redevelopment agency's goals and objectives, programs, and projects within the project areas for the next five years, including estimated expenditures, • An explanation of how the goals and objectives, programs, projects, and expenditures will eliminate blight and promote affordable housing within the project areas, and • A separate section that addresses the redevelopment agency's affordable housing responsibilities, including an agency's projected low and moderate income housing fund expenditures and plan to produce and/or replace affordable housing. Given these required contents, an implementation plan serves as more than just a compliance document that only adheres to the CRL's legal mandates. An implementation plan also affords the opportunity to thoughtfully craft a purposeful and deliberate strategy that guides redevelopment agency investment for a five year period. IMPLEMENTATION PLAN OBJECTIVES The Agency's objectives for this Implementation Plan are to: • Establish focused redevelopment and housing strategies for the next five years that provide a roadmap for decision -making about resource allocation, budget, and community engagement. • Create an administrative management tool for Agency staff that provides a measurable, track -able, and programmatic work plan for the Agency's operations. 3 Provide educational and informative background about the Agency's role, powers, and tools and a historical overview of the Agency. • Furnish data and information to preserve and produce affordable housing. DOCUMENT ORGANIZATION This Implementation Plan is organized into three sections: • Section I: Overview and Background. This section provides an overview of redevelopment in California, and a profile description of the Agency and its Project Areas. • Section II: Redevelopment Implementation Plan. This section presents the Implementation Plan, including a comprehensive work program of projects and programs. The projects and programs contained in the work program represent the Agency's strategic priorities, and implementation of each project or program will be subject to funding availability and subsequent Agency approval. I • Section III: Housing Compliance Plan Update. This section updates the housing compliance plan for the current 10-year compliance period (Fiscal Years 2004-05 to 2013-14), identifies the Agency's affordable housing production requirements, affordable housing project proposals, and projected affordable housing revenues and expenditures. ' CRL Section 33490(a)(1)(B) provides that the adoption of an implementation plan shall not constitute an approval program of any specific, project, or expenditure and shall not change the need to obtain any required approval of a specific program, project, or expenditure from the agency or community. M 0" WHAT IS REDEVELOPMENT? The Public Value & Benefits of Redevelopment In 1952, California voters adopted Article XVI, Section 16 Redevelopment by the allowing the provision of tax increment financing for Numbers: redevelopment of blighted communities. Californians recognized the need to provide a mechanism to reinvest in $40.79 billion. Redevelopment's economically and physically blighted communities throughout economic contribution to California. The CRL is located in the California Health and California in Fiscal Year 2006-07. Safety Code (§§33000 et seq.) and provides tools to assist local governments with remediating blight, promoting private $13. Every $1 of redevelopment investment, and preserving and expanding the community's agency spending -generates nearly$13 in total economic activity. supply of affordable housing. A redevelopment agency implements redevelopment activities through the use of tax 303 f946. hull and ,pa tt tiime increment revenue - issuing bonds to raise investment capital, jobs created in just one year buying and selling property, investing in public infrastructure (Fiscal Year 2006-07). and facilities, and creating affordable housing opportunities. Redevelopment allows local governments to eliminate physical 78,750 units of affordable housing built or rehabilitated and economic blight in a designated redevelopment project since;1995 by redevelopment area. A redevelopment project area is established when an agencies. area exhibits conditions of both physical and economic blight (§§33030 and 33031) as described below. 18,522 ,6Mts of low "and moderate income housing expected to be built or refurbished BLIGHT over the next two years. The CRL emphasizes redevelopment's role in eliminating $2 billion. State and local taxes blighting conditions and defines blight as physical and generated through redevelopment economic liabilities that affect the health, safety, and general construction activities in Fiscal welfare of a community. CRL Section 33030 describes a year 2006-07. blighted area as being predominantly urbanized and substantially affected by detrimental physical and economic 20% of property tax revenues conditions to such an extent that the community cannot generated from redevelopment reasonably be revived without redevelopment. The physical activities must be used to and economic conditions that cause blight as defined as increase supply of affordable follows: housing. Physical Conditions (CRL §33031(a)) 2aa largest funder of affordable ■ Buildings with serious code violations, dilapidation, housing in California after the federal government. or deterioration such that it is unsafe or unhealthy for a person to live or work. • Conditions that prevent or substantially hinder the viable use or capacity of buildings or lots. • Adjacent or nearby incompatible uses that prevent development. Source: California Redevelopment ■ Existence of subdivided lots that are in multiple Association, 2009. ownership and whose physical development has been impaired by their irregular shapes and inadequate sizes. Economic Conditions (CRL §33031(b)) ■ Depreciated or stagnant property values. ■ Impaired property values due to hazardous wastes. ■ Abnormally high business vacancies, abnormally low lease rates, or an abnormally high number of abandoned buildings in an area developed for urban use and served by utilities. ■ A serious lack of commercial facilities that are normally found in neighborhoods, including grocery stores, drug stores and banks. ■ Serious residential overcrowding. ■ An excess of bars, liquor stores, or adult -oriented businesses that have led to problems of public safety and welfare. ■ A high crime rate that constitutes a threat to the public safety and welfare. TAX INCREMENT FINANCING Tax increment financing is the primary source of funding used to implement redevelopment initiatives. Tax increment financing is based upon the assumption that as a geographical area is revitalized, property values will increase, and additional property taxes will be generated. When a redevelopment project area is adopted, the current assessed values of all the properties within project area boundaries are designated as the base year value (§33328). As assessed values increase, tax increment revenue is generated from the growth in property values over the Figure 1 -Tax Increment Financing base year value. The increase in property values results in increased property tax revenue; a portion of the increased property tax revenue is allocated to a redevelopment agency (tax increment revenue) which is then charged with the responsibility of investing this revenue in the project area. Figure 1 is a graphical depiction of how tax increment is generated and distributed. 20 Percent Low and Moderate Income Housing Set -Aside Fund A portion of tax increment revenue received by a redevelopment agency must be used to preserve and increase the supply of affordable housing within a project area. The CRL requires that a minimum of 20 percent of tax increment revenue be set aside into a separate fund that is restricted for the purpose of creating low and moderate income housing (§33334.2), known as the Low and Moderate Income Housing Set -Aside Fund ("Housing Fund"). Redevelopment agencies may use these funds to acquire property, construct on -site and off -site improvements (required to build or preserve affordable housing), construct or rehabilitate affordable housing, provide subsidies to ensure continued affordability, and issue bonds to raise capital for affordable housing preservation and development. Redevelopment agencies are one of the primary entities producing affordable housing throughout the State. Pass -Through Payments Redevelopment agencies are required to remit tax increment revenue to affected taxing agencies (counties, school districts, community college districts, and special districts) that receive property tax revenue in redevelopment project areas. These payments, known as "pass -through payments," represent 43 percent of the gross tax increment received in Project No. 1 and 70 percent of the gross tax increment received in Project No. 2. The pass -through payments are designed to alleviate fiscal burdens the affected taxing entities may incur as a result of implementing redevelopment projects. There are two types of pass -through payments. Prior to 1994, redevelopment agencies would negotiate a fiscal mitigation agreement with each taxing agency. Since both Project Areas were adopted prior to 1994, a majority of the Agency's pass -through payments are the result of contracts that were negotiated with the taxing agencies when the respective Project Areas were adopted. Since 1994, the Agency amended the Redevelopment Plans for Project No. 1 and Project No. 2 to eliminate the time limit to incur debt; these amendments triggered the second type of pass through payments, called statutory payments, to taxing agencies that did not have prior pass -through agreements with the Agency. The CRL establishes set formulas for statutory payments. Appendix 1 contains a summary of Agency's pass -through agreements and lists the taxing agencies that have negotiated agreements and those that receive statutory pass through payments. The remaining portion of the tax increment revenue, after the required 20 percent deposit into the Housing Fund and payments to taxing agencies, is available for eligible redevelopment projects, such as infrastructure improvements, community facilities, development incentives, debt service, and general administration. Tax increment revenue cannot be used, however, to fund ongoing operations and maintenance costs of public facilities or infrastructure. The Agency essentially retains 57 percent of gross tax increment in Project No. 1, and 30 percent of gross tax increment in Project No. 2. These percentages include the 20 percent Housing Fund deposits. State Takeaways — SERAF Payments As in prior State fiscal crises, the Legislature is reallocating local government revenue to help close the State's massive budget gap. Known as the Supplemental Educational Revenue Augmentation Fund ("SERAF"), the State is seeking $2.05 billion from redevelopment agencies in Fiscal Years 2009-10 and 2010-11. These funds will be distributed to local school districts and will reduce the amount of State General Fund revenue required to achieve Proposition 98 school funding needs. The Agency's total SERAF payment is $28,433,054; $23,582,367 in Fiscal Year 2009-10 and $4,850,687 in Fiscal Year 2010-11. While efforts have been mounted to legally challenge the constitutionality of these takeaways, the five year expenditure program presented in this Implementation. Plan assumes that the Agency must make these payments and this revenue will not be available for non -housing Agency projects and programs. If these funds remain with the Agency, there will be additional funds for non - housing redevelopment projects. WHAT IS A REDEVELOPMENT PLAN? A redevelopment plan provides a legal framework for long-term planning and the implementation of revitalization activities in a redevelopment project area. It also establishes a financing method by authorizing the agency's use of financing tools to implement projects and policies. The redevelopment plan also sets the basic goals, powers, and limitations within which the redevelopment agency must conduct its activities over the life of the project area. It does not provide a detailed, rigid course of action to achieve those goals, but establishes how the agency intends to alleviate blight in a project area. The Agency has two redevelopment plans; the Redevelopment Plan for Project No. 1 which was originally adopted in 1983 and amended several times since adoption, and the Redevelopment Plan for Project No. 2 ("Original Area") which was adopted in 1989, and also amended several times since adoption (collectively referred to as the "Redevelopment Plans"). The Fifth Amendment for Project No. 2 was adopted on , to 12.42 acres to Project No. 2 ("Added Area"). ABOUT THE AGENCY & PROJECT AREAS History and Profile The area of La Quinta first emerged in the early 18th century when Spanish conquistadores used it as the fifth resting point along the route from present-day Mexico to San Bernardino. The words "la quinta" translate in Spanish to "the fifth". Agriculture developed in the early 1900s. The La Quinta Resort was established in 1927, which housed the Coachella Valley's first golf course and was a popular hideaway for Hollywood celebrities. Major roads expanded in the 1950s and 1960s, paving the way for future development. The City of La Quinta incorporated in 1982 during a time of dramatic growth in the region. The La Quinta Redevelopment Agency was established on July 5, 1983 to address conditions of physical and economic blight in the City. Project No. 1 was established in November 1983 to redevelop and expand deficient public infrastructure and facilities, facilitate economic development, expand recreation opportunities, and revitalize the La Quinta Village. Project No. 1 is bounded by 50th Avenue to the north, Avenida Montezuma to the west, 60th Avenue to the south, and Jefferson and Madison Streets to the east. The Original Area of Project No. 2 was established in May 1989 to remove impediments to commercial and residential development, address public infrastructure and facility deficiencies, and to increase and improve the community's supply of affordable housing. It is bounded by Fred Waring Drive to the north, Washington Street to the west, 50th Avenue to the south, and Jefferson Street to the east. On , the Added Area was added to Project No. 2 to increase and improve the community's supply of affordable housing. The Added Area is located east of Washington Street and south of Hidden River Road. The Project Areas are shown on the following map. 0J 164 LA QUINTA REDEVELOPMENT PROJECT AREAS NOS. 1 & 2 Project Area No. 2 Original Area Project Area No. 2 Added Area Project Area No. I City Boundary N 0 0375 075 1.5 Miles P, 10 The Redevelopment Plans for the Project Areas set forth limitations with regard to collecting tax increment revenue, incurring bonded indebtedness, Redevelopment Plan effectiveness, and the use of eminent domain. Notable Timeframes Table 1 PROJECT NO. 1 Redevelopment Plan Adopted November 1983 Expires November 2024 Incur Indebtedness No time limit Repay Indebtedness/ November 2034 Receive Tax Increment Eminent Domain Expired March 2007 PROJECT NO. 2 ORIGINAL AREA Redevelopment Plan Adopted May 1989 Expires May 2030 Incur Indebtedness No time limit Repay Indebtedness/ Expires May 2040 Receive Tax Increment Eminent Domain Expired May 2001 PROJECT NO. 2 ADDED AREA Redevelopment Plan Adopted February 2011 Expires February 2041 Incur Indebtedness No time limit Repay Indebtedness/ No Tax Increment Receive Tax Increment' Eminent Domain No Authority ' The Agency many not receive tax increment pursuant to Section 33670 of the CRL. 11 ACCOMPLISHMENTS Achievements in Community Revitalization In the last five years, the Agency has championed many successful projects and programs in the Project Areas. A few examples are: Highway 111 Corridor. City staff continued to work with Highway 111 property owners to jointly pursue marketing opportunities in Project No. 2. This included promoting development opportunities at the International Council of Shopping Centers' Western Division Conference, working with property owners to address impediments to development, and facilitating development proposal entitlement needs. Additionally, City staff has been working with the owner of Garff Chevrolet/Cadillac and Torre Nissan to facilitate dealership expansion, which will allow them to stay at their La Quinta location. The City and Redevelopment Agency staff will continue to work on the retention, expansion, and recruitment of auto franchises in the existing Auto Center and other Highway 111 properties. To date several opportunities are currently being investigated. Wolff -Waters. Located in Project No. 2, Wolff Waters is a multi -family complex that features rents affordable to very - low and low income family households. This 218 unit complex is located northwest of the intersection of Avenue 48 and Dune Palms Road. The design and development program embraced sustainable design and construction materials/practices, and the development may be eligible to achieve LEED Silver certification. The complex opened in December 2009. There are 1,200 persons on the residency waiting list. Village Access. The Village is the prime commercial district in Project No. 1. In order to improve access to the Village, the Agency underwrote the installation of directional signs that guide drivers to the Village and point out public facilities and amenities (e.g., library, museum, city hall, etc.). Also, given that La Quinta is a golf -oriented community, the Agency recently implemented the Phase I Golf Cart Plan. This program created a golf cart network, providing improved access to and within the Village. Physical improvements included striping, signage, a traffic signal, enhanced crosswalks, and installation of traffic calming devices to slow vehicular traffic. SilverRock Resort. The Agency entered into a Disposition and Development Agreement ("DDA") that facilitates the sale and/or lease of nearly 61 acres to LDD SilverRock, Vista Dunes Cots k# es The Agency-dev,619psd DE very !ow income, r"rt 0,6 6cre site located !n Project Nb. 2. Vista Dunes rtcorptrtles of ar to achieve LEED PIS when cor atitoted. 1 some lof66 Most.a( anpMv f trtirintgi+� i 12 LLC for development of a boutique hotel, resort hotel, casitas units, resort retail, and a black box theater. A public golf course has been completed and the Agency and LDD SilverRock, LLC are currently revising the DDA to accommodate present lodging market conditions. The resort is located in Project No. 1. Appendix 2 contains a summary of every redevelopment project the Agency has implemented since establishing the Redevelopment Plans. 13 j 6 ti SECTION II: REDEVELOPMENT IMPLEMENTATION PLAN 14 �« . i r Q REDEVELOPMENT PLAN GOALS Community Reinvestment and Revitalization The Redevelopment Plans for the Project Areas establish a variety of goals for redevelopment of the Project Areas; these goals frame the near term redevelopment objectives for the Implementation Plan. The goals are outlined below. Project No. 1 Eliminate Blight. Eliminate and prevent the spread of conditions of blight I* including: underutilized properties and deteriorating buildings, incompatible and uneconomic land uses, deficient infrastructure and facilities, obsolete structures, CLEAN and other economic deficiencies in order to create a more favorable environment for commercial, office, residential, and recreational development. Improve Public Infrastructure and Facilities. Improve public facilities and public infrastructure. Improve inadequate drainage infrastructure. Improve and/or provide electric, gas, telephone, and wastewater infrastructure to both developed and ACCESS undeveloped properties. Expand Commercial Base. Expand the Project Area's Commercial Base by 0 working with property owners along commercial corridors to enhance the business environment, and encouraging private investment through capital improvements INVEST and public facilities. Promote Job Growth. Promote local job opportunities by facilitating private investment in commercial areas. WORK Ensure Quality Design and Development. Implement design and use standards to assure high aesthetic and environmental quality, and provide unity and integrity to development within the Project Area. PRESERVE Remove Impediments to Development. Address parcels of property that are of irregular form and shape, are inadequately sized for proper usefulness and development, and/or are held in multiple ownership. Remove impediments to land disposition and development, and/or are held in multiple ownership. Recycle and/or GROW develop underutilized parcels to accommodate higher and better economic uses while enhancing the City's financial resources. Coordinate Stakeholder Participation. Encourage the cooperation and participation of residents, businesses, business persons, public agencies, and community organizations in redevelopment/revitalization initiatives. COLLABORATE 15 Housing for All. Promote the rehabilitation of existing housing stock. Increase, improve, and preserve the supply of housing affordable to very low, low and moderate income households. LIVE Project No. 2 Eliminate Blight. Remedy, remove, and prevent physical blight and economic obsolescence through implementation of the Redevelopment Plan. CLEAN Improve Public Infrastructure and Facilities. Improve and/or provide electric, gas, telephone, water, and wastewater facilities to both developed and subdivided undeveloped properties within the Project Area. Address inadequate street improvements and roads that vary in width and degree of improvement as they cross ACCESS the Project Area. Alleviate inadequate drainage improvements that constrain the development of various parcels in the Project Area, the cost of which cannot be borne by private enterprise acting alone. Expand Commercial Base. Expand the commercial base of the community. Provide for the expansion, renovation and relocation of businesses within the Project Area to enhance their economic viability. Provide opportunities and mechanisms to INVEST increase sales tax, business license tax and other revenues to the City. Remedy depreciating property values and impaired investments. Ensure Quality Design and Development. Upgrade the general aesthetics of the commercial enterprises to improve their economic viability. PRESERVE Remove Impediments to Development. Recycle and/or develop underutilized parcels to accommodate higher and better economic uses, improving the financial viability of the City. Address parcels of property that are inadequately sized for proper usefulness and development and which are held in divided and widely scattered GROW ownerships. Housing for All. Promote the rehabilitation of existing housing stock. Increase, improve, and preserve the supply of housing affordable to very low, low and moderate income households. 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The tax increment revenue figures are the anticipated gross tax increment revenue for Project No. 1 and Project No. 2, before payments for debt service, taxing agencies, and other obligations are made. The projections are based upon a preliminary 2009-10 assessed value as reported by the County Auditor Controller, and assume a -0.237 percent decline in secured assessed values in 2010-11, no growth in secured assessed values in 2011-12, and a two percent growth rate in secured assessed values thereafter. The projections also assume a zero percent growth rate in unsecured values and do not take new development into account. The figures presented are subject to change due to fluctuations in the local economy and changes to the proposed State take of redevelopment funds. The County may reassess property values in the Project Areas over the next several months to be lower, which would lead to a decline in tax increment. The Agency will be closely monitoring the local economy over the next five year period to take market conditions into account when planning and implementing its projects and programs. Due to the State's effort to take redevelopment funds to balance the State Budget, the Agency may be required to make SERAF payments during the planning period. Therefore, the following projections assume a $23,582,367 SERAF payment in Fiscal Year 2009-10, and $4,850,687 in Fiscal Year 2010-11. The Agency has secured a $10.0 million loan from the City of La Quinta to fund a portion of the $23,582,367 2009-10 SERAF payment; the remaining $13,582,367 will be funded from reallocating capital projects and debt service funds, and available 2010-11 non - housing tax increment revenue. The Agency anticipates funding the 2010-11 payment from non -Housing Fund tax increment revenue. If the California Redevelopment Association's litigation to prohibit the SERAF shift is successful, then these funds may be available to fund additional redevelopment initiatives, or to move forward projects and programs identified in this Implementation Plan that otherwise may be delayed. 23 t 18 Five Year Cash Flow Forecast - ng 1 Tax Increment 54,169,600 55469,671 57,133,761 58,847,774 60,613,208 General Fund Loan Proceeds 10,000,000 TOTAL REVENUES 1 64,169,600 55,469,671 57,133,761 58,847,774 60,613,208 $29 TOTAL FUNDS AVAILABLE i $124,283,434 $106,167,938 '', $88,647,984 $80,296,302 $73,304,311 Taxing Agency Payments Bond Debt Service City Hall & Contract Payments General Fund Loan Interest Payments SERAF Payments Administration/Operating Expenses Programs/Projects rAL EXPENDITURES )ING BALANCE 10, 833, 900 10, 833, 900 11,158, 917 20,632,818 20,599,515 20,615,869 9,886,421 9,885,959 9,885,720 757,633 756,625 757,882 1,720,000 1,720,000 1,720,000 23,582,367 4,850,687 2,648,961 2,701,940 2.755,979 3,523,068 23,305,089 20,305,089 73.585.167 74.653,715 67,1 99,456 TABLE 31 11,493,685 11,838,496 $56,158,898 20,618,321 20,620,823 $103,087,345 9,886,679 9,886,756 $49,431,535 770,326 782,703 $3,825,170 1,720,000 1,720,000 $8,600,000 $28,433,054 2,811,099 2,867,321 $13,785,299 20,305,089 18,010,511 $85,448,845 67,605,199 65,726,609 $348,770,146 Year Cash FlowForecast - Project No. 2 Debt Service & Capital Projects Funds i TABLE 4 Beginning Balance (July 1) $20,274,630 L $17,264,510 $14,875,415 $15,890,789 $17,406, 74 REVENUES Tax Increment 28,339,800 28,339,800 29,189,994 30,065,694 31,710,887 TOTAL REVENUES $28,339,800 $28,339,800 $29,189,994 $30,065,694 $31,710,887 $147,646,175 TOTAL FUNDS AVAILABLE $48,614,430 $45,604,310 $44,065,409 $45,956,483 $49,117,461 EXPENDITURES Housing Set Aside Taxing Agency Payments Non -Housing Bond Debt Service City Hall & Contract Payments 5,668,000 18,208,992 419,550 306,240 5,668,000 18,165,820 418,272 305,814 5,838,040 18,215,820 416,738 306,117 6,013,181 18,579,284 419,819 312,265 6,193,576 18,950,018 417,516 318,528 $29,380,797 $92,119,934 $2,091,895 $1,548,964 General Fund Loan Interest Payments Hwy 111 General Fund Loan Payment Administration/Operating Expenses Programs/Projects TOTAL EXPENDITURES 1,000,000 700,000 1,319,393 3,727,745 31,349,920 1,000,000 700,000 1,345,781 3,125,209 30,728,895 1,000,000 700,000 1,372,696 325,209 28,174,620 1,000,000 700,000 1,400,150 125,209 28,549,909 1,000,000 700,000 1,428,153 29,007,791 $3,500,000 $6,866,174 $7,303,371 $147,811,135 ENDING BALANCE $17,264,510 $14,875,415 $15,890,789 r $17,406,574 $20,109,670 24 SECTION III: HOUSING COMPLIANCE PLAN UPDATE 25 `" i a INTRODUCTION Overview of the Housing Compliance Plan The CRL requires agencies to adopt an affordable housing compliance plan that identifies how the redevelopment agency will meet its affordable housing obligations. The compliance plan must be consistent with the jurisdiction's housing element and must also be reviewed and updated at least every five years in conjunction with the cyclical preparation of the housing element or the redevelopment agency's five year implementation plan. This section presents the Housing Compliance Plan of the Implementation Plan; it reviews the La Quinta Redevelopment Agency's affordable housing production achievements for the past five years (Fiscal Years 2004-05 through 2008-09) and outlines the anticipated affordable housing programs and projects for the remaining five years of the current ten-year planning period (Fiscal Years 2004-05 to 2013-14) ("Compliance Period"). The Agency is required to allocate 20 percent of the tax increment revenue it receives from the Project Areas to increase and improve housing affordable to very low, low, and moderate income households. The Housing Fund has been established for this revenue. The Agency has the authority to underwrite affordable housing preservation or development either inside or outside the Project Areas. Further, the Agency is required to insure that at least 15 percent of all privately developed or substantially rehabilitated dwellings in the Project Areas are affordable to very low, low and moderate income households, and not less than 40 percent of these affordable dwellings must be affordable to very low income households. If the Agency directly develops affordable housing, then at least 50 percent of the dwellings must be affordable to very low, low and moderate income households, and at least 50 percent of those must be affordable to very low income households. In order to ensure each unit's continued affordability, the Agency must secure 45-year covenants on single family homes, and 55- year covenants on multi -family dwellings. Redevelopment agencies use compliance plans to establish ten-year objectives to achieve compliance with the CRL's affordable housing mandates. The Agency's affordable housing programs generally fall into three categories: • Housing Production — The Agency must ensure that a percentage of the housing units constructed or substantially rehabilitated by the Agency or the private sector within the Project Areas are affordable to very low, low and moderate income households. • Replacement Housing — The Agency is obligated to replace any housing units destroyed or removed as a result of a redevelopment project within four years after the destruction or removal. • Expenditures by Household Types — The Agency must comply with certain proportionality requirements in their expenditure of Housing Funds over a ten-year period to ensure that such funds are spent on housing affordable to very low income households, low income households, and housing for residents under the age of 65 in proportion to their representation in the community. 26 Ie , j 81 AFFORDABLE HOUSING WORK PROGRAM Table 5 presents the Agency's proposed programs and projects for affordable housing production in both Project Areas, including the goals that each project would achieve, the projected implementation timeframe, and the estimated Agency investment3. Additional expenditures may be made on these projects as the Agency budget permits. Expenditures that will be made after the five year Implementation Plan period are not shown. Additional projects, not listed, may be implemented over the next five years as opportunities and the Agency budget permits. Proposed Affordable Housing Projects and Programs TABLE 5 ❑ Washington Street Apartments4: The Agency purchased the Washington Street Apartments, located at Washington Street and Hidden River Road, in 2008. The property's 72 of the 73 units are currently restricted to very low income seniors and special needs residents pursuant to previous financial assistance from the federal government, acting through the Farmer's Home Administration, United States Department of Agriculture. The Agency plans to substantially rehabilitate the units and record additional affordability covenants in compliance with the CRL. The Agency also plans to develop a new multifamily housing complex on two adjacent vacant lots with approximately 83 low income units. These sites are located in the Added Area of Project No. 2 0 LIVE 2009-10 to $24,252,458 2013-14 3 Costs are subject to change, and completion of these projects may require future action by the Agency. 4 The Report to the City Council for the Fifth Amendment to the Redevelopment Plan for La Quinta Redevelopment Project Area No. 2 indicates approximately 68 units will be constructed based and an Agency expenditure of $24,252,458 based on the most current site plan from the time the Report was written. This project is in the design phase and number of units and Agency expenditure is subject to change. This project will be updated during the Mid-term Review. 27 182 Proposed Affordable Housing Projects and Programs TABLE 5 ❑ Dune Palms/Highway 111: The Agency purchased a 19.5 acre site in 2007 with the goal of facilitating commercial development on 9.0 acres fronting Highway 111, and up to 180, affordable multi -family dwellings on the rear 9.0 acres. The remaining land area will be developed with a road that will serve the commercial and residential components, and the adjoining Costco Center and Desert Sands Unified School District corporation yard. The City and Agency are currently conducting the environmental review and entitlement processes; the developer, the Shovlin Companies, is currently designing the multi- family housing component. The Agency anticipates concluding an affordable housing agreement by the second quarter of 2010. Project construction will be dependent upon securing 4 percent tax credits. This project will result in 36 very low and 144 low income units in Project No. 2. ❑ CentrePointe: The Agency has an affordable housing agreement that requires this 9.45 acre site to be developed with 40 moderate income single family units. The developer has not been able to secure financing and is currently generating alternative affordable housing development proposals. The Agency anticipates receiving these proposals from the developer during the first quarter of 2010, and will then evaluate their financial feasibility. If a viable financing option is identified, the Agency will proceed to renegotiate the affordable housing agreement to accommodate the new housing configuration. This property is located in Project No. 2 $27,250,000 2009-10 to 0 2013-14 LIVE 2009-10 to To be 0 2013-14 determined LIVE Proposed Affordable Housing Projects and Programs TABLE 5 ❑ Dune PaIms/Westward Ho: In January 2007 the Agency started acquiring 6 properties located southeast of the intersection of Dune Palms Road and Westward Ho. These properties were improved with older, dilapidated single family homes that were occupied by upper income households. To date, the Agency has acquired 5 of the 6 properties; the Agency anticipates purchasing the 61h property in January 2010. Site planning is underway to locate 60 single family dwellings on this 5.10 acre site; the dwellings would be sold or rented to low and moderate income family households. The Agency is exploring the feasibility of designing this development to accommodate special needs households. This property is located in Project No. 2. ❑ The Village Live -Work Housing: The Agency purchased this 35,000 square foot parcel in 2007 and is currently preparing site plans to evaluate the feasibility of developing 32 loft dwellings. It is also exploring expanding this site to include the adjoining 15,000 square foot parcel. The goal is to develop live -work dwellings that would be affordable to moderate income households. This site is located in Project No. 1. 2009-10 to is 2013-14 LIVE 2009-10 to 0 2013-14 LIVE $8,150,000 $4,350,000 M 184 Proposed Affordable Housing Projects and Programs TABLE 5 ❑ Foreclosed Home Purchase and Rehabilitation Program: The recession has resulted in increasing numbers of bank -owned units in the Project Areas. In October 2009, the Agency directed staff to purchase foreclosed single family dwellings that are primarily located in Project No. 1. The Agency will retain local contractors to substantially rehabilitate these dwellings, and will subsequently sell or rent the substantially rehabilitated dwellings to low or moderate income family households. If the dwellings are sold, the Agency will provide silent second trust deed mortgage loans to insure affordable housing costs. If market conditions limit property disposition to initially renting the dwellings, the dwellings will be transferred to the City's Housing Authority and rented to low and moderate income households. Approximately five homes may be rehabilitated through this program. ❑ La Quinta Rental Housing Program Landscape Improvements: The Agency purchased dilapidated single family homes in Project No. 1; 25 of the original 50 homes remain in the Agency's inventory. In order to receive housing credit, the Agency has been substantially rehabilitating these units and then selling them to very low and low income family households. As part of this rehabilitation effort, the Agency is installing new landscape materials which will meet or exceed the City's drought tolerant planting palette. 2009-10 to is 2013-14 LIVE 0 2009-10 LIVE $3,200,000 $40,000 30 Proposed Affordable Housing Projects and Programs TABLE 5 ❑ Habitat for Humanity: Habitat for Humanity owns two vacant lots in Project No. 1. Negotiations are underway to structure an affordable housing agreement to construct two single family homes that would be sold to very low income households. The Agency would provide funding to build the units; the Agency's position would be secured via a first trust deed mortgage. If the first two -unit phase is successful, the Agency may retain Habitat to substantially rehabilitate one or more of the La Quinta Rental Housing Program homes, and develop additional lots in Project No. 1 with single family dwellings. ❑ Land Acquisition: In order achieve its housing production mandate, the Agency will continue to seek land acquisition opportunities in the Project Areas. Declining vacant land values and abandoned housing developments are generating new properties within the residential and commercial districts that may accommodate multi -family and mixed -use affordable housing. 2009-10 to 0 2013-14 LIVE 2009-10 to 0 2013-14 LIVE $500,000 $22, 000, 000 31 It 186 AFFORDABLE HOUSING COMPLIANCE Blueprint for Agency Housing Activities The Housing Compliance Plan serves as a blueprint for current and future Agency activities within the Project Areas and outlines how the Agency will meet its very low, low, and moderate income housing responsibilities and eliminate blight. This Housing Compliance Plan presents a summary of the Agency's inclusionary and replacement housing programs as mandated by Sections 33413(b)(4) and 33490(a)(2) and (3) of the CRL. Specifically, it presents a forecast of the number of affordable housing units that may be required over the ten-year Compliance Period, and assesses the Agency's plans to facilitate the creation of the required number of affordable housing units within this timeframe. Adoption of a Housing Compliance Plan does not constitute approval of any specific project, program, or expenditure; and it does not change the need to obtain any required approval of a specific program, project, or expenditure from community or the Agency. The Housing Compliance Plan is a general statement of direction rather than an unalterable course of action. As such, in order to effectuate its purposes due to unknown circumstances or new opportunities that arise from time to time, the Agency may amend the Housing Compliance Plan during the five-year term of the Implementation Plan at any point, including but not limited to the mid-term opportunity as required by the CRL. HOUSING PRODUCTION Since 1976, redevelopment agencies have been required to assure that at least 30 percent of all new and substantially rehabilitated units developed by an agency are available at affordable costs to households of very low, low, or moderate income. Of this 30 percent, not less than 50 percent are required to be available at affordable costs to very low income households. Further, for all units developed in the project area by entities other than an agency, the CRL requires that at least 15 percent of all new and substantially rehabilitated dwelling units within the project area be made available at affordable costs to low or moderate income households. Of these, not less than 40 percent of the dwelling units are required to be available at affordable costs to very low income households. These requirements are applicable to housing units on an aggregated basis, and not on a project -by - project basis to each dwelling unit created or substantially rehabilitated unless so required by an agency. Appendix 3 provides a glossary of terms related to affordable housing covenants, affordability limits, and inclusionary unit satisfaction. The Inclusionary Housing Obligation table on the following page summarizes the Agency's actual and estimated production requirements over various time periods as required by the CRL. To estimate the number of housing units that need to be affordable to very low, low, and moderate income households, the Agency estimated the total number units that will be constructed or substantially rehabilitated in the Project Areas and applied the formulas outlined in the CRL. The following inclusionary housing analysis takes into account all residential construction or substantial rehabilitation that occurred within the Project Areas since their adoption to determine affordable housing production needs, and includes projections for the number of additional dwelling units to be constructed or substantially rehabilitated during the Compliance Period, the next ten years, and over the life of the Redevelopment Plans. 32 y., 181 TABLE 6 Adoption through 1993-94 (Actual) Total Units' 3,824 904 4,728 0 0 0 709 284 1994-95 through 2003-04 (Actual) Total Units' 2,568 3,852 6,420 963 385 Compliance Period 2004-05 through 2008-09 (Actual) Total Units' 910 970 1,880 0 80 80 306 125 2009-10 through 2013-14 (Projected) Total Unitsz 500 451 951 0 0 0 143 57 Next Compliance Period (First Five Years) 2014-15 through 2018-19 (Projected) Total Units3 42 120 162 0 0 0 24 10 Remaining Plan Duration 2019-20 through 2024/2030 (Projected) Total Units4 942 140 1,082 0 0 0 162 65 Total Redevelopment Plan Duration Total Units5 8,786 6,437 15,223 0 80 80 2,307 925 ' Units built or substantially rehabilitated in the Project Areas as reported by the La Quinta Planning Department. 2 Units predicted based on entitled vacant land. 3 Units predicted based on potential building activity on unentitled vacant land. 4 Units predicted based on potential build out on vacant land zoned for residential use. 5 The total number of units anticipated to built in the Project Areas during the duration of the Redevelopment Plans is greater than what was predicted when the Third Implementation Plan was adopted in 2005. This is due to a land use change on several commercial parcels to residential uses and a development program that was revised to build condo units instead of hotel units. Note: Numbers may not appear to add correctly due to rounded decimals As Table 6 shows, residential development projected throughout the duration of the Redevelopment Plans is estimated to generate a need for 2,307 affordable income restricted units, including 925 very low income units. The inclusionary housing obligation throughout the remaining life of the Redevelopment Plans is estimated based on the potential build out of land zoned for residential use in the Project Areas. The potential build out of the Project Areas has increased since the last Implementation Plan was adopted in 2005, resulting in a higher inclusionary housing obligation. This is due to a land use designation revision that changed several commercial parcels to residential uses, and a development program that was altered to build condominium units instead of hotel units. Table 7 shows the number of affordable housing units the Agency has produced from the adoption of the Redevelopment Plans through Fiscal Year 2008-09, as well as the number of affordable units the Agency anticipates to produce over the next five years, through Fiscal Year 2013-14. The table also 33 shows the number of units the Agency will need to produce from Fiscal Year 2014-15 through the remaining life of the Redevelopment Plans in order to meet its predicted inclusionary housing obligation. 34 �8 9 Production TABLE 7 Adoption through 1993-94 (Actual) 0 0 1994-95 through 2003-04 (Actual) 552 259 Seasons 91 45 Stockman 11 8 Williams 16 6 Cove Rental Housing (Sold & Unsold) 50 44 CVHC - Cove Homes 7 5 Building Horizons 16 0 Agency Acquisition/Rehabilitation 1 0 Second Trust Deed Program 101 0 Mira Flores Single Family 23 0 Residential Rehabilitation Program 4 1 MiraFlores Multifamily 118 70 Aventine 20 0 Mountain View 14 0 Hadlev Villas 80 80 2004-05 through 2008-09 (Actual)' 500 299 Building Horizons 3 1 Second Trust Deed Program 48 1 Residential Rehabilitation Program 2 2 Watercolors 149 0 Vista Dunes 80 79 CVHC Wolff Waters 218 216 2009-10 through 2013-14 (Projected) 475 111 Washington Street3 156 73 Dune Palms/Hig hway 1113 180 36 CentrePointe 40 0 Dune Palms/Westward H03 60 0 The Village Live -Work Housing3 32 0 Foreclosed Home Rehabilitation 5 0 Habitat for Humanity 2 2 Next compliance Period (First Five Years) 2014-15 through 2018-19 (Projected)2 400 130 Remaining Plan Duration 2019-20 through 2024/20302 380 126 Total Redevelopment Plan Duration 1983/1989 to 2024/2030 2,307 925 ' Does not include units from the Silverhawk multifamily development. Covenanted units were lost due to foreclosure. 2Target housing production figures required to meet production requirements. 3 Properties owned and/or controlled by the City Note: Numbers may not appear to add correctly due to rounded decimals. 35 f4„ i t,) Table 8 summarizes data from Tables 6 and 7 showing the number of units required and produced by time period. It demonstrates how the Agency plans to meet its inclusionary housing obligation by the time the Redevelopment Plans expire. Inclusio Fulfillment TABLE 8 Total Units Required (Adoption through 2003-04) 1,672 669 Total Units Produced (Adoption through 2003-04) 552 259 Remaining Need as of June 30, 2004 1,120 410 Compliance Period Total Units Required (2004-05 through 2013-14) 449 182 Total Cumulative Units Required (Adoption through 2013-14)' 1,569 592 Total Units Produced (2004-05 through 2013-14) 975 410 Remaining Need as of June 30, 2014 594 182 Next Compliance Period (First Five Years) Total Units Required (2014-15 through 2018-19) 24 10 Total Cumulative Units Required (Adoption through 2018-19), 618 191 Total Units Produced (2014-15 through 2018-19) 400 130 Remaining Need as of June 30, 2019 218 61 Remaining Plan Duration Total Units Required (2019-20 through 2024/2030) 162 65 Total Cumulative Units Required (Adoption through 2024/2030)' 380 126 Total Units Produced (2019-20 through 202412030) 380 126 Remaining Need at End of Plan Duration - - Total Redevelopment Plan Duration (1983/1989 to 2024/2030) Total Units Required 2,307 925 Total Units Produced 2,307 925 Remaining Need Equals sum of remaining need from prior period plus total units required from current period Through the remaining effective term of the Redevelopment Plans, the Agency has projected the number of housing units that will be produced based on historical development trends and the amount of available land in each of the Project Areas. During the first five years of the next compliance period (Fiscal Years 2014-15 through 2018-19), the Agency anticipates that development will generate the need for 24 affordable units, with 10 of such units required to be restricted to very low income households. Similarly, development that is anticipated to occur from Fiscal Year 2019-20 through the expiration of the Redevelopment Plans will generate the need for 162 affordable units, with 65 of such 36 units required to be restricted to very low income households. Taking into account the anticipated deficit of affordable units at the end of the current Compliance Period (2013-14), the Agency will endeavor to produce 780 affordable units, with at least 256 of such units restricted to very low income households, throughout the remaining terms of the Redevelopment Plans. REPLACEMENT HOUSING The CRL requires that whenever housing occupied by low and moderate income households is destroyed as part of an Agency project, the Agency shall ensure that an equivalent number of replacement units are constructed or substantially rehabilitated. These units must provide at least the same number of bedrooms destroyed, and 100 percent of the replacement units must be affordable to the same income categories (i.e. very low, low, and moderate) as those removed. The Agency receives a full credit for replacement units created inside or outside the Project Areas. Table 8 summarizes the units that have been demolished and subsequently replaced in the Project Areas. According to Agency records, no affordable units were destroyed in the Project Areas from the adoption of the Redevelopment Plans through June 30, 2004. From July 1, 2004, through June 30, 2009, records show that 92 very low income units were destroyed at the Vista Dunes Mobilehome Park. These units were replaced by 79 very low income multifamily units at the same site and 216 very low income multifamily units at the Wolff Waters development, creating a surplus of 203 very low income units. In all, from adoption of the Redevelopment Plans through June 30, 2009, there were a total of 206 more affordable units produced than were destroyed in the Project Areas. TABLE 9 Through 6/30/2004 Demolished 0 0 0 0 Replaced 0 0 0 0 Surplus (Deficit) 0 0 0 0 Through 6/30/2009 Demolished 92 193 92 0 Vista Dunes MHP 92 193 92 0 Replaced 298 740 296 3 Vista Dunes Multifamily 80 174 79 1 CVHC Wolff Waters 218 566 216 2 Surplus (Deficit) 206 547 203 3 Cumulative Surplus (Deficit) Through June 30, 2009 206 547 203 3 During the remainder of the Compliance Period, the Agency anticipates that one project will result in the temporary displacement of affordable housing units in the Project Areas. The Washington Street Apartments contain 73 very low income housing units that will be substantially rehabilitated. However, construction will be phased such that residents will be able to move from their existing unit into a new or rehabilitated unit on the same property and will not be required to leave the property itself. 37 «.. t {4i L HOUSING PROGRAM CASH FLOW ANALYSIS The Agency's primary source of funding for housing projects and programs is the annual deposit of 20 percent of its tax increment revenue into the Housing Fund. The CRL requires that these funds be used to increase, improve, and preserve the community's supply of housing available, at affordable housing cost, to persons and families of very low, low, and moderate income. Other sources of Housing Fund revenues include interest earnings, bond proceeds, loan repayments, and other miscellaneous revenues. Table 10 presents the Agency's Housing Fund projected cash flow over the next five years (Fiscal Years 2009-10 through 2013-14). Projects completed prior to Fiscal Year 2009- 10, including replacement units shown in Table 9, are not included in the funding program presented in the cash flow. 0Cash Flow Forecast - Housing Fund TABLE 10 BEGINNING BALANCE (July 1) $30,816,669 $33,341,383 $26,061,557 $10,396,6791 $518,417 REVENUES _ Housing Set Aside 16,501,900 16,501,900 16,996,957 17,506,866 18,032,072 $85,539,695 Other Income 1,281,100 1,281,1001 792,900 765,700 1,018,200 $5,139,000 TOTAL REVENUES $17,783,000 $17,783,000 $17,789,857 $18,272,566 ! $19 050 272 $90,678,695 TOTAL AVAILABLE FUNDS $48,599,669 $51,124,383 $43,851,414 $28,669,245 j $19,568,689 EXPENDITURES Debt Service 6,390,291 6,390,333 6,383,502 Q379,595 1,949,472 $27,493,193 General Fund Reimbursement 1,179,905 1,099,403 1,099,403 1,099,403 1,036,762 $5,514,876 Contract/Miscellaneous 798,090 773,090 721,830 721,830 721,830 $3,736,670 Programs/Projects 6,890,000 16,800,0001 25,250,000 19,950,000 !, 14,800,000 83,690,000 $15,258,286 $25,062,826 $33,454,735 $28,160,828 $18,508,064 TOTAL EXPENDITURES $120,434,739 ENDING BALANCE $33,341,383 $26,061,557 $10,396,679 $518,417 $1,060,625 EXPENDITURES BY HOUSEHOLD TYPES Effective January 2002, the expenditure of Housing Fund revenues is subject to certain proportionality requirements. The Agency's Housing Fund revenue is to be expended in proportion to the community's need for very low and low income housing, and in proportion to the low income population under the age of 65. The Agency is required to meet these proportionality requirements within each 10-year housing compliance plan period. Since the proportionality requirement was not enacted until 2002, the law permits that the first period be extended by two years to include expenditures from 2002 through the end of the Compliance Period. The community's proportionate need for very low and low income housing is based on the Southern California Association of Government's ("SCAG") Regional Housing Needs Allocation ("RHNA"), used by local government to meet state requirements for affordable housing by category. RHNA mandates are adjusted from time to time to respond to changing demographics. As a result, the Agency is subject to RHNA mandates from two different time periods that overlap the Agency's Compliance Period: Agency expenditures from Fiscal Years 2001-02 through 2004-05 are subject to the RHNA mandates cW assigned for 1998 to 2005; Agency expenditures from Fiscal Years 2005-06 through 2013-14 are subject to RHNA mandates assigned for 2006 to 2014. The community's proportional need for age -restricted versus non -age restricted housing is based on two different sources5. New legal requirements took effect in 2006 that modified the previous limitation of spending Housing Fund monies on households under the age of 65. Section 33334.4(b) of the CRL used to require that an agency spend its Housing Fund monies "in at least the same proportion as the population under age 65 bears to the total population based on the most recent census." The new language provides a higher level of specificity to spend "in at least the same proportion as the number of low income households with a member under age 65 bears to the total number of low income households of the community as reported in the most recent census." Thus, Agency expenditures from Fiscal Years 2001-02 through 2004-05 are subject to the previous age targeting requirement, and expenditures from Fiscal Years 2005-06 through 2013-14 are subject to the new age targeting requirement. Table 11 presents the minimum Housing Fund expenditure thresholds for very low and low income units, as well as the maximum housing expenditure thresholds for age -restricted units over the two different time periods discussed above. rtional Exoenditure Reauirement TABLE 11 RHNA Targeting RHNA Targeting Income Level Allocation Allocation 1998-2005 Requirement Allocation 2006- Requirement (% of Total) 2014 (Units)' (% of Total) (Units) Very Low (min) 178 37% 1,065 41 % Low (min) 103 22% 724 28% Moderate/Unrestricted (max) 196 41 % 796 31 % Age Category 477 Census Allocation (Population) 100% Targeting Requirement (% of Total) 2,585 CHAS Allocation (Households)3 100% Targeting Requirement (% of Total) Non -Age Restricted (min) 20,521 87% 1,608 73% Aqe-Restricted (max)2 3,173 13% 595 27% 23,694 100% 1 2,203 100% Southern California Association of Governments Regional Housing Needs Assessment 2 Age -restricted means any housing unit that is not available to all persons regardless of age. 3 Data of low income households with a member under the age of 65 is not readily available from the Census. The nearest metric for such Census data represents households with a member under the age of 62 (available via the Comprehensive Housing Affordability Strategy at http://socds.huduser.org/chas/index.htm). 5 "Age -restricted" means any housing unit that is not available to all persons regardless of age. 39 Table 12 details the Agency's Housing Fund expenditures from Fiscal Years 2001-02 through 2004-05 and 2005-06 through 2008-09 and demonstrates that the proportionality requirements are being met. It also shows the Agency's proposed expenditures on affordable housing projects from Fiscal Years 2009-10 through 2013-14. Proportional Expenditure Fulfillment TABLE 12 2001-02 to 2004-05 (Actual) pp" Second Trust Deed 53,673 4,734,124 1,756,071 - 6,543,868 Cove Rental Housing Program 826,429 - - 166,045 826,429 Residential Rehabilitation 25,590 12,795 46,930 37,795 85,316 Assessment/Sewer Subsidy 127,246 55,336 66,294 - 248,877 Building Horizons - 169,500 137,750 307,250 Mountain View - - 276,411 - 276,411 Hadley Villas 1,087,000 - - 1,087,000 1,087,000 Miraflores - - 17,438 8,719 17,438 Watercolors - 558,643 3,329,444 3,888,087 3,888,087 Vista Dunes 6,968,893 - 88,214 - 7,057,107 CVHC/Wolff Waters 8,763,853 - 81,147 - 8,845,000 Total 17,852,685 5,530,398 5,799,698 5,187,646 29,182,782 of Total 61% 19% 20% 18% 100% Required 37010 min. 22% min. 41 % max. 13% max. 2005-06 to 2008-09 (Actual) Second Trust Deed 575,501 638,001 85,500 85,500 1,299,002 Cove Rental Housing Program 322,338 8,712 - - 331,050 Building Horizons 95,525 - 95,525 - 191,050 Watercolors - 2,334,922 6,841,878 9,176,800 9,176,800 Vista Dunes 24,034,341 - 304,232 - 24,338,573 CVHC Wolff Waters 28,519,264 - 264,067 - 28,783,331 Washington St. Prop. Acq. 4,220,526 4,798,680 - 4,162,710 9,019,206 Shovlin Property Acquisition 5,989,933 3,993,289 - - 9,983,222 Total 63,757,427 11,773,605 7,591,202 13,425,010 83,122,234 % of Total 77% 14% 9% 16% 100% 2009-10 to 2013-14 (Proposed) Washington Street (Senior) 8,516,667 9,683,333 - 18,200,000 18,200,000 Dune Palms/Highway 111 5,450,000 21,800,000 - - 27,250,000 CentrePointe Unknown Dune Palms/Westward Ho - 6,000,000 6,000,000 12,000,000 Village Live -Work - - 6,400,000 6,400,000 Foreclosed Home Rehab - 4,500,000 - 4,500,000 Rental Housing Program 40,000 - - - 40,000 Habitat for Humanity 500,000 - - 500,000 Land Acquisition - 22,000,000 - 22,000,000 Total 14,506,667 63,983,333 12,400,000 18,200,000 90,890,000 % of Total 16% 70% 14% 20% 100% 2006-06 to 2013-14 (Actual & Proposed) Total 78,264,094 75,756,938 19,991,202 31,625,010 174,012,234 % of Total 45% 44% 11 % 18% 100% % Required 41 % min. 28% min. 31 % max. 27% max. .s During the first time period (Fiscal Years 2001-02 through 2004-05), the Agency's Housing Fund expenditures exceeded the minimum proportionality requirement for very low income households and did not exceed the maximum proportionality limit for moderate income households. The Agency under - spent on low income households and over -spent on age -restricted households during the first time period; however the Agency plans to meet these proportionality requirements by the end of the Compliance Period. The Agency has projected $90.9 million of Housing Fund expenditures for projects and programs implemented over the remainder of the Compliance Period (2009-10 through 2013-14). Future Housing Fund expenditures will be used in the proportions detailed in Table 12 to ensure that Housing Fund proportional allocation targets are met by the end of the Compliance Period. The Agency will concentrate on expending its Housing Funds on low income and non -age restricted units to balance over -spending on age -restricted housing during the first portion of the Compliance Period. PRIOR FIVE-YEAR HOUSING FUND EXPENDITURES Units Assisted by Housing Fund The CRL requires a recap of the number of the projects assisted by the Housing Fund to create extremely low, very low, and low income units over the past implementation plan period (2004-05 through 2008-09). The CRL also requires a recap of the number, location, level of affordability, and the amount of Housing Funds expended on units available to families with children. Table 13 summarizes these statistics: Cove Rental Housing Program 37 322,338 1 8,712 0 - 38 331,050 Residential Rehabilitation 0 - 0 1 25,000 1 25,000 Building Horizons 1 95,525 0 - 1 95,525 2 191,050 Watercolors 0 - 33 2,032,446 116 7,144,354 149 9,176,800 Silverhawk (Lost Units) 0 - 0 - 75 3,500,000 75 3,500,000 Vista Dunes 79 31,003,234 0 1 392,446 80 31,102,631 CVHC Wolff Waters 216 37,283,117 0 - 2 345,214 218 37,628,331 Shovlin Property Acquisition 120 5,989,933 80 3,993,289 0 - 200 9,983,222 Washington St Apts. Prop Acq 73 4,220,526 83 4,798,680 0 - 156 9,019,206 Total 544 $ 79,591,474 205 $ 11,133,927 210 $ 12,028,940 959 $ 102,461,292 Units for Families 471 75,319 494 88 4,287,055 79 4,362,785 638 83,676,285 Total 544 $ 79,591,474 205 $ 11,133,927 210 $ 12,028,940 959 $ 102,461,292 Note: The expenditures listed for the Building Horizons, Second Trust Deed, and Residential Rehabilitation programs are inclusive of expenditures made on units that have been 'lost' since the money was spent. Although lost units do not fulfill inclusionary housing obligations, the proportionality of expenditures does not change. The total units reported in this table does not indicate total units produced to fulfill inclusionary housing obligations. Housing Units Constructed During Prior Implementation Plan Without Housing Funds Since 2005, no affordable units featuring long term covenants (affordable units with covenants of at least 45 years for ownership housing or 55 years for rental housing) have been created with funds other than the Housing Funds (although several units have been funded with a combination of Housing Funds and other funds such as State tax credits). 41 to'. 1 Prior to 2005, 216 affordable units were constructed in the Project Areas without Housing Funds. The Coachella Valley Housing Coalition built 100 units in the Project Areas that are restricted to low income households. The last phase of these homes was built in 2000-01. The Villa Cortina tax credit project produced 116 affordable units in Fiscal Year 1996-97. The project has 58 very low income units and 58 low income units. 42 APPENDICES 43 APPENDIX 1 Summary of Pass Through Agreements Prior to January 1, 1994, the CRL permitted redevelopment agencies to enter into tax sharing agreements with affected taxing agencies. The Agency has such agreements that provide for payment of certain tax increment revenues from the Project Areas; some of these payments are senior to debt service on bonds, while others are subordinate. The pertinent provisions of these agreements are summarized below. PROJECT NO. 1 Coachella Valley Mosquito Abatement District Pursuant to the August 8, 1984, "Settlement and General Release and Cooperation Agreement" between the Coachella Valley Mosquito Abatement District, the City of La Quinta and the Agency, the Mosquito Abatement District is to receive its full 100 percent share of the District's 1.43 percent levy of the net tax increment (net of Housing Fund deposits). The levy shall not exceed 1.43 percent and it is currently 1.38 percent. This pass -through obligation is senior to all bond debt service payments. Coachella Valley Unified School District On April 2, 1991, the Agency and the Coachella Valley Unified School District entered into the "Agreement for Cooperation between the Coachella Valley Unified School District and the City of La Quinta and the La Quinta Redevelopment Agency." This Agreement provides for a fixed series of payments to be made by the Agency to the Coachella Valley Unified School District. The remaining payments are indicated below: Payment Date Amount Payable July 1, 2009 $396,875.25 January 1, 2010 $404,812.75 July 1, 2010 $404,812.75 January 1, 2011 $412,909.25 July 1, 2011 $412,909.25 January 1, 2012 $421,167.25 July 1, 2012 $421,167.25 Further, the Agreement provides that these payments shall be subordinated to debt service payments for the 1985 Tax Allocation Bonds (refunded with the Series 1990 Tax Allocation Bonds) and 1989 Tax Allocation Bonds, or any refunding bond issues related thereto. Coachella Valley Water District The "Agreement for Cooperation between the City of La Quinta, the La Quinta Redevelopment Agency, and the Coachella Valley Water District" dated November 29, 1983, requires that the Agency pay to the Coachella Valley Water District ("CVWD") a portion of the CVWD share of the gross tax increment, equal to 1.2 percent. The Agreement provides that such payments shall not be subordinate to all debt service other than that previously issued to finance flood control improvements. Therefore, these payments are not subordinate to bond debt service payments. 44 19 fMe ..n County General Fund, Library, and Fire Districts Pursuant to the "Replacement Cooperation Agreement Between the County of Riverside and the City of La Quinta and the La Quinta Redevelopment Agency" executed on December 21, 1993, the County General Fund, Library District, and Fire District are to receive their full 100 percent share of the gross (before Housing Fund deposits) tax increment. The County General Fund tax levy within the Project Area is 24.41 percent, while the Library and Fire District tax levies are 2.74 percent and 5.91 percent, respectively. In addition to these amounts, the Agency is to pay to the County General Fund the following annual repayments of previously deferred pass -through identified in the Replacement Cooperation Agreement as "Amount Owed": Fiscal Years Annual Payment 2000-01 through 2002-03 $1,803,705 2002-03 through 2005-06 $2,190,473 The Replacement Cooperation Agreement provides that the payment of County tax increment revenue is subordinate to debt service for existing Project Area bond debt, and any future bonds issued in connection with Project No. 1. The Agreement does require the Agency to size new bond issuances in such a way that sufficient funds are projected to be available to satisfy its obligations to the County pursuant to the Agreement without subordination. The Agency has retired the remaining "Amount Owed" to the County from 2001 Bond proceeds. Desert Community College The Agency entered into the "Agreement for Cooperation between the Desert Community College District and the La Quinta Redevelopment Agency" on December 21, 1993. Until Fiscal Year 2005-06, the Agency retained all of the Desert Community College District's ("DCCD") 7.59 percent share of the gross tax increment revenue. After reaching this threshold, for a period of ten successive years, the Agency will pay 20 percent of the DCCD's share to the District. Beginning in the eleventh year following Fiscal Year 2005-06, the Agency will pay 25 percent of the DCCD share. The Agreement provides that payments to the District do not constitute an "express pledge" within the meaning of Health and Safety Code Section 33671.5, and therefore, payments to the District are subordinate to all bond debt service. Desert Sands Unified School District On December 21, 1993, the Agency approved an "Agreement for Cooperation between the Desert Sands Unified School District and the City of La Quinta and the La Quinta Redevelopment Agency." The Agreement with Desert Sands Unified School District ("DSUSD") requires that the Agency deposit a portion of the DSUSD's revenues into a capital fund to be used for the purpose of financing various capital projects that benefit both DSUSD and the Project Area. Between 1994 and 1998, the Agency deposited the required fixed series payments into the capital fund. A second series of payments to the capital fund began in Fiscal Year 2005-06, the fiscal year following the fiscal year in which the Agency's cumulative tax increment revenues from the Project exceeded $300.0 million. During the first ten years from Fiscal Year 2005-06, the Agency will make an annual deposit equal to 20 percent of the DSUSD's 27.70 percent share. Beginning in the eleventh year and continuing for the Plan's duration, the Agency will deposit 25 percent of the DSUSD's share of tax increment. The Agreement provides that payments to the District do not constitute an "express pledge" within the meaning of Health and Safety Code Section 33671.5, and therefore, payments to the District are subordinate to all bond debt service. 45 Statutory Pass Through Payments The adoption of Ordinance No. 388 in Fiscal Year 2003-04 to eliminate the time limit to incur debt triggered the need for the Agency to make "statutory pass -through payments" under Health and Safety Code Section 33607.7 to those taxing agencies with which the Agency does not have a pass -through agreement. Statutory pass -through payments are made to the following taxing agencies that the Agency does not have pass -through agreements with (each taxing agency's respective share of the 1 percent general levy is also shown). County Superintendent of Schools (4.13 percent) Coachella Valley Public Cemetery (0.34 percent) Coachella Recreation and Park (2.09 percent) Coachella Valley Resource Conservation District (0.04 percent) City of La Quinta (5.49 percent) (first 25 percent only — see below) Under Health and Safety Code Section 33607.7, the amount of the statutory pass -through payments is a portion of the Agency tax increment (after deduction of the portion of tax increment, currently 20 percent, required to be deposited into the Agency's Housing Fund), based on a series of adjusted base year assessed valuations. Starting in Fiscal Year 2005-06 and each year thereafter for duration of the Redevelopment Plan, the amount of the statutory pass -through payments under Health and Safety Code Section 33607.7 to each of the five above -listed taxing agencies are the sum of (A), (B), and (C) below: (A) The taxing agency's respective share of 25 percent (after deduction of the 20 percent Housing Fund deposit) of the tax increment received by the Agency based on the difference between the Project Area No. 1 assessed valuation in such year compared to the first adjusted based year assessed valuation (i.e., the valuation existing as of Fiscal Year 2004-05); plus (B) Starting in the 11th year of payments (i.e., Fiscal Year 2015-16), the payment is equal to the amount calculated pursuant to (A) above plus the taxing agency's respective share of 21 percent (after deduction of the 20 percent Housing Fund deposit) of the tax increment received by the Agency based on the difference between Project Area No. 1 assessed valuation in such year compared to a second adjusted based year assessed valuation which is the assessed valuation as of Year 10 (i.e., Fiscal Year 2014-15); plus (C) Starting in the 31st year of payments (i.e., Fiscal Year 2035-36), the payment is equal to amounts calculated pursuant to (A) and (B) above, plus the taxing agency's respective share of 14 percent (after deduction of the 20 percent Housing Fund deposit) of the tax increment received by the Agency based on the difference between Project Area No. 1 assessed valuation in such year compared to a third adjusted based year assessed valuation which is the assessed valuation as of Year 30 (i.e., Fiscal Year 2034-35). These statutory pass -through payments are not subordinated to new bond debt service payments. 2rA PROJECT NO. 2 Coachella Valley Community College District This agreement provides that the College District shall receive 50 percent of the tax increment revenue generated by the College District's 7.72 percent property tax levy. Coachella Valley Mosquito and Vector Control District The agreement provides that the Mosquito and Vector Control District shall receive 100 percent the tax increment revenue generated by its 1.41 percent property tax levy. Coachella Valley Recreation and Park District The agreement provides that the Agency shall retain 100 percent of the tax increment revenue generated by the Park District's 2.13 percent property tax levy. This revenue, however, must be expended on identified park -related capital improvements. Due to the Agency's expenditure to acquire land acquisition and make park improvements in Project Area No. 2, the Agency is entitled to retain the Park District's tax increment revenue until Fiscal Year 2003-04. After 2003-04, the Agency anticipates that it will continue to fund park -related projects with the Park District's share of annual tax increment revenue. Coachella Valley Water District The agreement provides that the Water District shall receive 100 percent of the tax increment revenue generated by the Water District's 7.67 percent property tax levy. County of Riverside The Agency's Cooperation Agreement with the County of Riverside provides for full payment of the tax increment revenue generated by the County General Fund (25.53 percent), Library District (2.80 percent), and Fire District (6.02 percent) property tax levies. Additionally, the Agency is paying the County $1.4 million over the next 3 years to reimburse the County for tax increment revenue generated by the County's General Fund property tax levy the Agency retained during the initial years of the Redevelopment Plan. Riverside County Superintendent of Schools This agreement provides that the Superintendent of Schools shall receive 50 percent of the tax increment revenue generated by the Superintendent of Schools' 4.18 percent property tax levy. Desert Sands Unified School District The agreement provides that the Agency shall retain 50 percent of the tax increment revenue generated by the School District's 37.16 percent property tax levy. The remaining 50 percent is paid to the School District. Statutory Pass Through Payments The adoption of Ordinance No. 404 in Fiscal Year 2003-04 to eliminate the time limit to incur debt triggered the need for the Agency to make "statutory pass -through payments" under Health and Safety 47 Code Section 33607.7 to those taxing agencies with whom the Agency does not have a pass -through agreement. However, the Agency has a pass -through agreement with all affected taxing agencies thus is not required to make statutory pass -through payments. 48.,{ Q ON It )r1A. It_ p APPENDIX 3 Glossary of Housing Terms There are many ways in which the Agency may create inclusionary units that satisfy the requirements outlined in CRL Section 33413 including new construction of for -sale and rental housing, substantial rehabilitation, and the purchase of covenants on multifamily rental housing. New Construction & Substantial Rehabilitation: For -sale (affordable) inclusionary units or inclusionary multifamily rental housing may be created by assisting new construction or providing financing for purchasers of new housing, and by substantially rehabilitating such units per the CRL definition. To be counted toward the Agency inclusionary unit need, for sale units must be covered by a 45-year affordability covenant and rental units by a 55-year affordability covenant. Purchase of Covenants: The Agency may use the Housing Fund to subsidize multifamily units that are not substantially rehabilitated or newly constructed, by the purchase of an affordability covenant. The affordability covenants on multifamily units would restrict such units for a period of 55 years. Such units must be occupied by and affordable to very low and low income households. The Agency may only meet up to 50 percent of their required inclusionary unit need in this manner. Furthermore, 50 percent of the covenants purchased must be affordable to very low and low income households. Inclusionary units secured by the Agency through the purchase of covenants, substantial rehabilitation, and new construction that are located within the boundaries of the Project Areas can be counted on a one -for - one basis. If the units are located outside of the Project Areas they only receive one-half ('/2) credit (counted on a two -for -one basis). Mutual self-help housing units receive a 1/3 credit towards satisfying inclusionary unit production requirements. Mutual Self-help Housing: Mutual self-help housing refers to very low or low income, owner -occupied housing units where residents have contributed at least 500 hours of work on the unit to ensure safe and sanitary housing. Mutual self-help housing units must be deed restricted for at least 15 years. Each housing production unit must have a covenant recorded with the county pursuant to CRL Section 33334.3 in order to be counted. DURATION OF AFFORDABILITY COVENANTS Prior to January 1, 2002: for no less than the period of land use controls established in the redevelopment plan. After January 1, 2002: for the longest feasible time, but not less than 55 years for rental housing and 45 years for owner occupied housing. Under Section 33413, rental housing units may be replaced prior to the expiration of the 55-year period with equally affordable and comparable rental units in another location within the City if (i) the replacement units are available for occupancy prior to the displacement of any persons residing in the subject units and (ii) the comparable replacement units are not developed using moneys in the Housing Fund. Under Section 33413, owner -occupied units may be sold prior to the expiration of the 45-year period for a price in excess of what would otherwise be allowed if the units are subject to an equity sharing agreement or some other program that protects the Agency's investment of Housing Fund monies. The Agency must deposit the excess proceeds in the Housing Fund and within three years from the date of the sale of the units, spend funds to make affordable an equal number of units at the same income 50 level as the units sold. Only the units originally assisted by the Agency can be counted towards the Agency's obligations under Section 33413. AFFORDABILITY INCOME AND COST LEVELS Section 50052.5 of Health and Safety Code defines affordable housing cost as: • Extremely Low — Not more than 30 percent of 30 percent of the County median household income. • Very Low - Not more than 30 percent of 50 percent of the County median household income. • Low - Not more than 30 percent of 70 percent (or 30 percent of 60 percent for rental projects) of the County median household income. • Moderate - Not more than 35 percent of 110 percent (or 30 percent of 120 percent for rental projects) of the County median household income. La Quinta Redevelopment Agency 78-495 Calle Tampico La Quinta, CA 92253 (760) 777-7000 Adopted January 19, 2010 Prepared By: *4) i I INTELLIGENT COMMUNITY DEVELOPMENT LA QUINTA REDEVELOPMENT AGENCY 78-495 Calle Tampico, La Quinta, CA 92253 Preliminary Plan Fifth Amendment to the Redevelopment Plan for the La Quinta Redevelopment Project Area No. 2 INTELLIGENT COMMUNITY DEVELOPMENT ROSENOW SPEVACEK GROUP INC 309 WEST 41 H -TREE r SANTA ANA CA, JPORN',�, 92701 4502 T r14 E fNFG _ wEBRSG COh1 FRR5' PRELIMINARY PLAN La Quinta Redevelopment Agency TABLE OF CONTENTS INTRODUCTION.......................................................................................................... I Proiect Area No. 2...............................................................................................................I Preliminary Plan..................................................................................................................I PROJECT AREA NO. 2 AND ADDED AREA LOCATION 8v DESCRIPTION .................... 2 Project Area No. 2...............................................................................................................2 ProposedAdded Area.........................................................................................................2 GENERAL STATEMENT OF PROPOSED PLANNING ELEMENTS ................................. 2 LandUses............................................................................................................................2 Proposed Layout of the Principal Streets of the Added Area..........................................3 ProposedPopulation Densities..........................................................................................3 Proposed Building Densities..............................................................................................3 Proposed Building Standards.............................................................................................3 ATTAINMENT OF THE PURPOSES OF THE LAW ........................................................ 3 CONFORMANCE TO THE CITY'S GENERAL PLAN ...................................................... 3 GENERAL IMPACT OF PROPOSED PROJECT UPON RESIDENTS OF THE PROJECT AREA 8a SURROUNDING NEIGHBORHOODS.............................................................. 3 EXHIBIT A: ADDED AREA MAP............................................................................... . . 5 EXHIBIT B: ADDED AREA LEGAL DESCRIPTION...................................................... 6 S:1Agenda STAFF REPORTS ONLYIC5 Appendix B to Att 2.doc t PRELIMINARY PLAN La Quinta Redevelopment Agency INTRODUCTION This is the Preliminary Plan ("Preliminary Plan") for the Fifth Amendment to the La Quinta Redevelopment Agency's ("Agency") Redevelopment Project Area No. 2 ("Project Area No. 2"). The Agency is initiating redevelopment plan amendment proceedings to add approximately 12.42 acres of property ("Added Area") to Project Area No.2. This would be the fifth amendment to the Redevelopment Plan for Project Area No. 2 ("Redevelopment Plan"). The purpose is to preserve and expand the community's supply of affordable housing by substantially rehabilitating an existing 73 unit apartment complex, and developing new affordable multifamily units. The proposed Redevelopment Plan amendment ("Fifth Amendment") is being prepared in conformance with California Community Redevelopment Law, Health and Safety Code Section 33000 et. seq. ("CRL"). The Added Area lies approximately half a mile north of Project Area No. 2 (shown in Exhibit A and described in Exhibit B), and is generally bound by Hidden River Road to the north, Washington Street to the west, and the Mediterra Apartments along Darby Road to the south. The eastern border varies between Byron Place and Lima Hall Road. Project Area No. 2 The La Quinta Redevelopment Agency was established in 1983. The Agency adopted its first redevelopment project in November 1983. Project Area No. 2 was established in May 1989 by Ordinance No. 139 to primarily address infrastructure deficinencies that limited private sector investment in commercial and residential development. The Redevelopment Plan was subsequently amended on December 20, 1994 by Ordinance No. 259 to conform to new legal requirements. It was amended again on February 3, 2004 by Ordinance No. 399 to increase the limit on the amount of tax increment revenue the Agency may receive, and again on March 16, 2004 by Ordinance Nos. 403 and 404 to extend the duration of the Redevelopment Plan by one year. Preliminary Plan ORSG This Preliminary Plan designates the boundaries of the proposed Added Area and provides a general description of the Added Area. It has been prepared for the Planning Commission of the City of La Quinta ("Planning Commission") who, pursuant to CRL, must review and approve the Preliminary Plan. It will then be transmitted to the Agency Board for final action. If the Board approves this Preliminary Plan, the redevelopment plan amendment process will formally begin. In accordance with CRL Section 33324, this Preliminary Plan must: ■ Describe the boundaries of the proposed Added Area; ■ Contain a general statement of land uses and layout of principal streets, population densities, building intensities and standards proposed as the basis for the redevelopment of the Added Area; ■ Demonstrate how the purposes of the CRL would be attained by redevelopment of the Added Area; ■ Demonstrate how the Fifth Amendment is consistent with the community's General Plan; and ■ Describe, generally, the impact of the Fifth Amendment on residents of the Added Area, the existing Project Area and the surrounding neighborhoods. P age 1 2 A PRELIMINARY PLAN La Quinta Redevelopment Agency PROJECT AREA NO. 2 AND ADDED AREA LOCATION & DESCRIPTION Project Area No. 2 Project Area No. 2 encompasses 3,116 acres and is located in the northern portion of the City of La Quinta. It is generally bound by Fred Waring Drive on the north, Jefferson Street on the east and Avenue 50 to the south. The western border varies between Washington Street and just beyond Eisenhower Drive. Project Area No. 2 is developed with a mix of residential, commercial, institutional and recreational uses. Added Area The Added Area consists of noncontiguous properties located in the City of La Quinta, approximately half a mile north of the Project Area No. 2. (shown in Exhibit A). The Added Area is 12.42 acres in size and currently subdivided into 3 parcels. The land use is designated for High Density Residential, as governed by the City's General Plan. Two of the three parcels are developed with a 73 unit apartment complex; the dwellings are affordable to very low and low income seniors and disabled residents; the remainder of the properties are vacant land. The Agency intends to rehabilitate the apartment complex, and develop a new complex up to 16 dwelling units per acre. The new dwellings will be affordable to very low and low income 55 years and older households. Section 33320.2 (a) of the CRL provides that when adding territory to a redevelopment project area, the area may be either contiguous or noncontiguous. All noncontiguous areas shall be either blighted or necessary for effective redevelopment. An unblighted, noncontiguous area shall be conclusively deemed necessary for effective redevelopment if that area is being used predominantly for the construction and rehabilitation of low- or moderate -income housing, as long as that area is not included for the purpose of obtaining tax increment and the redevelopment agency will not use the power of eminent domain in that area. The Added Area meets these provisions. The Agency is pursuing the Fifth Amendment in order to preserve and enhance existing affordable housing, and to develop new affordable housing. Further, the Agency will be selling these units to a non-profit operator who will pay limited or no property taxes. Thus, the Agency is not pursuing this Fifth Amendment for the purpose of obtaining tax increment revenue. Finally, the Agency's eminent domain authority expired in 2001. It cannot use this authority in the Added Area because it does not have eminent domain authority. GENERAL STATEMENT OF PROPOSED PLANNING ELEMENTS The Fifth Amendment will not alter the planning elements contained in the Redevelopment Plan. These planning elements are the applicable provisions of the City's General Plan, Zoning Ordinance, and other state and local guidelines, as they may be amended from time to time. Land Uses The permitted land uses will be those authorized by the City's General Plan and Zoning Ordinance, as amended from time to time, and all applicable state and local codes and guidelines. ORSG Page"2 2 i 0 PRELIMINARY PLAN La Quinta Redevelopment Agency Proposed Layout of the Principal Streets of the Added Area Exhibit A presents the principal streets within the Added Area. The principal streets include Washington Street and Hidden River Road. The layout of principal streets and shall conform to the General Plan as currently adopted or hereafter amended. Proposed Population Densities The population densities will conform to the General Plan and Zoning Ordinance, as currently adopted or as hereafter amended, and all other applicable codes and ordinances. Population densities will increase when the vacant parcels are developed up to 16 dwelling units per acre pursuant to its designated land use. Proposed Building Densities Building densities will be in accordance with the General Plan and Zoning Ordinance, as they now exist or are hereafter amended. Proposed Building Standards Building standards shall conform to the building requirements of applicable State statues, and local codes and ordinances. ATTAINMENT OF THE PURPOSES OF THE LAW The Fifth Amendment will attain the purposes of the CRL by preserving and rehabilitating existing affordable housing, and constructing new affordable housing. The Agency intends to rehabilitate the existing 73 unit multi -family apartment complex and record 55 year affordability covenants. These covenants will insure that these dwellings will remain affordable to very low and low income households for 55 years. This complex is 30 years old and is needs substantial rehabilitation. The Agency also intends to facilitate the development of up to 84 new affordable dwellings that will remain affordable to very low and low income 55 year and older households for 55 years. In the process, the Agency will also improve on- and off -site drainage, and improve both the local and regional street systems. CONFORMANCE TO THE CITY'S GENERAL PLAN This Preliminary Plan is consistent with the City's General Plan because land uses, layout of the principal streets, and other development standards incorporate existing General Plan policies. The Amended Plan will not institute land use or other planning policies not otherwise permitted by the General Plan. GENERAL IMPACT OF PROPOSED PROJECT UPON RESIDENTS OF THE PROJECT AREA 8s SURROUNDING NEIGHBORHOODS The Agency does not envision that the proposed Project (rehabilitating the existing 73 unit apartment complex and developing the new affordable dwellings) will impact either the Project Area or the surrounding neighborhoods. The Project will: O PSG P age 3 PRELIMINARY PLAN La Quinta Redevelopment Agency Rehabilitate the existing apartment complex and site to current City standards. These improvements will also include ingress and egress improvements, traffic circulation improvements, and storm water drainage improvements. Develop the vacant parcels with up to 84 new multi -family affordable dwellings. This new development will conform to current City standards. These dwellings will expand the community's supply of housing affordable to very low and low income households. The Agency does not envision that these improvements will have an impact on the residents of Project Area No. 2 nor the surrounding neighborhoods. It will not impact Project Area No. 2 residents because it is not adjacent to the project area. The traffic circuation and drainage improvements will enhance the surrounding neighborhood. The Added Area residents will be impacted because they must be tempoarilly relocated while their dwellings are rehabilitated. The Agency will be preparing a relocation strategy to assist these residents during this process. Once these units are rehabilitated, the residents will then enjoy new rehabilitated dwellings. O PSG Page 4 PRELIMINARY PLAN La Quinta Redevelopment Agency EXHIBIT A LA QUINTA REDEVELOPMENT PROJECT AREA NO. 2 - FIFTH AMENDMENT Hiahwav III Proposed Added Area Project Area No. 2 Project Area No. 1 - City Boundary �RS G 0 0.1250.25 0.5 0.75 1 Miles RSG Page 5 ? 1` 3 PRELIMINARY PLAN La Quinta Redevelopment Agency EXHIBIT B LEGAL DESCRIPTION OF THE AREA TO BE ADDED BY THE FIFTH AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE LA QUINTA REDEVELOPMENT PROJECT AREA NO. 2 A portion of the south half of the northwest one -quarter of Section 18, Township 5 South, Range 7 East, San Bernardino Base and Meridan, In the County of Riverside, State of California, described more particularly as follows: Beginning at the west one -quarter corner of said Section 18, said comer being on the existing boundary of the City of La Quinta and on the centerline of Washington Street the following courses: Course 1. Thence, North 0°08'34" East along the westerly line of said Section 18 and centerline of Washington Avenue a distance of 664.02 feet to the northwest corner of the south half of the south half of government lot 2 said corner also being on the centerline of Hidden River Road as shown on Parcel Map No. 12323; Course 2. Thence North 89034'27° East along the northerly line of said south half of the south half of Section 18 and oenterline of Hidden River Road a distance of 475,34 feet to a point that is 11.00 feet easterly of northwest corner of Lot D of said Parcel Map No. 12323; Course 3. Thence South 0°08'34 West parallel to said westerly line of said Lot D and the westerly line of Parcel 2 of said Parcel Map No. 12323 a distance of 400.31 feet to a point on the southerly line of said Parcel 2, said point also being on the northerly property line of that parcel of land described in deed to Testa Family Limited Partnership iI, recorded December 26, 1995 as document number 426898 in the office of the County Recorder of said Riverside County; Course 4. Thence North 89034'28° East along the Northerly line of said Testa Family land a distance of 849.23 feet; Course 5, Thence South 0020'37"East 265.62 feet to the southerly line of said Testa Land, said point also being on the east -west centerline of said Section 18; Course 6. Thence South 89"39'27 West along said east -west centerline of Section 18 and southerly of said Testa Family land 1326.81 feet to the point of beginning. Area = 12.42 Acres, more of less John F. Young, eLS Date RSG Page 6 '� STATEMENT OF PREPARATION OF AN AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE LA QUINTA REDEVELOPMENT PROJECT AREA NO. 2 DATE: September 9, 2010 VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED TO: 1. AUDITOR -CONTROLLER, ASSESSOR, AND BOARD OF SUPERVISORS OF THE COUNTY OF RIVERSIDE, AND 2. STATE BOARD OF EQUALIZATION (VIA OVERNIGHT MAIL), AND 3. GOVERNING BODIES OF ALL OTHER POTENTIALLY AFFECTED TAXING AGENCIES Pursuant to Sections 33327 and 33328.3 of the California Community Redevelopment Law (Health & Safety Code Section 33000 et seq.; the "Law"), you are hereby notified that the La Quinta Redevelopment Agency ("Agency") has initiated the process to add territory to the La Quinta Redevelopment Project Area No. 2 ("Project Area"). Pursuant to the Law, the Agency will be undertaking proceedings to amend the Redevelopment Plan for the Project Area to add the area identified on Exhibit 1 and described on Exhibit 2 ("Added Area"). The Added Area was a part of the Riverside County Desert Communities Project Area Palm Desert Sub -Area. On May 25, 2010 the Board of Supervisors of the County of Riverside adopted Ordinance No. 898 approving the detachment of the Added Area. It is the intention of the Agency to use the Added Area to rehabilitate existing, and construct new, low or moderate income housing pursuant to Section 33320.2 of the Law. The Added Area will not be used to obtain taxes pursuant to Section 33670 of the Law. Due to this fact, the preparation of a report containing the information set forth in Sections 33328 and 33328.3 of the Law is not required. Thus, the Agency is not requesting a report of county taxing officials nor is it requesting assessed valuations for the preceding five years. However, a reply from the County Auditor Controller acknowledging receipt of this Statement of Preparation is requested. Pursuant to Section 33328 of the Law, the Agency is inviting affected taxing entities to consult with the Agency regarding these matters. If you have any questions or would like to consult with the Agency, please contact Douglas Evans, Assistant City Manager - Development Services at (760) 777-7031 or via email at devans@la-quinta.org. Respectfully submitted, LA QUINTA REDEVELOPMENT AGENCY Thomas P. Genovese Executive Director cc: Douglas R. Evans, Assistant City Manager - Development Services EXHIBIT 1 MAP OF THE AREA TO BE ADDED BY THE FIFTH AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE LA QUINTA REDEVELOPMENT PROJECT AREA NO.2 LA QUINTA REDEVELOPMENT PROJECT AREA NO. 2 - FIFTH AMENDMENT n RSG 0 0-1250.25 0.5 0.75Miles 116 EXHIBIT 2 LEGAL DESCRIPTION OF THE AREA TO BE ADDED BY THE FIFTH AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE LA QUINTA REDEVELOPMENT PROJECT AREA NO. 2 A portion of the south half of the northwest one -quarter of Section 18, Township 5 South, Range 7 East, San Bernardino Base and Merldan, in the County of Riverside, State of California, described more particularly as follows: Beginning at the west one -quarter corner of said Section 18, said corner being on the existing boundary of the City of La Quinta and on the centerline of Washington Street the following courses: Course 1. Thence, North 0"08'34" East along the westerly line of said Section 18 and centerline of Washington Avenue a distance of 664.02 feet to the northwest corner of the south half of the south half of government lot 2 said corner also being on the centerline of Hidden River Road as shown on Parcel Map No. 12323; Course 2. Thence North 89"34'27" East along the northerly line of said south half of the south half of Section 18 and centerline of Hidden River Road a distance of 475,34 feet to a point that is 11.00 feet easterly of northwest corner of Lot D of said Parcel Map No, 12323; Course 3_ Thence South 0°08'34 West parallel to said westerly line of said Lot D and the westerly line of Parcel 2 of said Parcel Map No_ 12323 a distance of 400.31 feet to a point on the southerly line of said Parcel 2, Said point also being on the northerly property line of that parcel of land described in deed to Testa Family Limited Partnership 11, recorded December 26, 1995 as document number 426898 in the office of the County Recorder of said Riverside County; Course 4, Thence North 8903428" East along the Northerly line of said Testa Family land a distance of 849.23 feet; Course 5, Thence South 0°20'37"East 265.62 feet to the southerly line of said Testa Land, said point also being on the east -west centerline of said Section 18; Course 6. Thence South 89039'27 West along said east -west centerline of Section 18 and southerly of said Testa Farniiy land 1326.81 feet to the point of beginning. Area = 12.42 Acres, more of less John F. Young, PLS 46 . 70-- 0� Date r r• 1 `7 MEMORANDUM TO: Honorable Mayor and Members of the City Council Chair and Members of the Redevelopment Agency FROM: Thomas P. Genovese, City Manager DATE: November 1, 2010 SUBJECT: November 2, 2010 Agenda Packet City Council Agenda Item No. C5 Redevelopment Agency Agenda Item No. C2 Attached is a replacement page 2 of Attachment 2 to the following staff reports: City Council report Item No. C5: Adoption of Resolution to 1) Receive the Redevelopment Agency's Report to the City Council for the Proposed Fifth Amendment to the Redevelopment Plan for La Quinta Redevelopment Project Area No. 2; and 2) Consent to a Joint Public Hearing with the Redevelopment Agency Redevelopment Agency Item No. C2: Adoption of Resolution to 1) Approve and Transmit the Redevelopment Agency's Report to the City Council for the Proposed Fifth Amendment to the Redevelopment Plan for La Quinta Redevelopment Project Area No. 2; 2) Consent to a Joint Public Hearing with the City Council If you have any questions, please do not hesitate to contact me. WA I COUNCIL/RDA MEETING DATE: November 2, 2010 ITEM TITLE: Consideration of Terminating the Memorandum of Agreement Between the City of La Quinta and the Building Industry Association - Desert Chapter of the Building Industry of Southern California, Inc., Relating to Subdivision Identification Program RECOMMENDATION: As deemed appropriate by City Council. FISCAL IMPLICATIONS: None other than the cost to prepare this report and letter. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: The City and Building Industry Association - Desert Chapter of the Building Industry of Southern California, Inc. ("BIA-DC") entered into a Memorandum of Agreement ("Agreement") for the purposes of providing directional signage for new residential developments (Attachment 1). This Agreement was entered into in 1994. Subsequently, the Building Industry Association of Southern California ("BIA-SC") decided to eliminate the BIA-DC and assign this area to the Building Industry Association - Riverside Chapter of the Building Industry of Southern California ("BIA-RC"). The City Council, at its October 5, 2010 meeting, directed the City Manager to provide written notice that the City Council was going to consider terminating the Agreement. The Agreement required a 15-day notice that the City Council will consider cancellation. The written notice was provided to BIA-RC on October 13, 2010 (Attachment 2). The 1994 Agreement allowed the BIA-DC to develop, install and maintain a subdivision directional sign program. In addition, the Agreement allows un-used sign panels to be used by the City for community services projects and public/City landmarks. The Agreement required the City to cooperate in issuing permits. The sign panel specifications are called out in the Agreement. These specifications regulate the use of signs, numbers of signs per panel, height, width and sign copy. The Agreement also includes termination provisions which require the City Council to provide fifteen 0 5) days written notice that it may consider an action to cancel this Agreement. Further, the Agreement allows the City Council to cancel the agreement with thirty (30) days notice and requires the BIA-DC to remove all sign structures upon termination of the Agreement. The status of the Agreement is somewhat unclear since the entity that entered into the contract (BIA-DC) no longer exists. To be conservative, City staff and the City Attorney are operating on the assumption that the agreement is still in effect with the successor entity, BIA-RC. If the City Council decides it wants to cancel this agreement, the City will need to authorize the City Manager to provide written notice of the termination. If so directed by Council, a written 30-day notice to cancel the Agreement will be provided to the BIA-RC. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Direct City Manager to provide a written 30-day termination notice pursuant to the 1994 BIA-DC Agreement to BIA-RC and to request removal of all existing directional signage in accordance with the Agreement; or 2. Take no action, which will allow the existing BIA-DC Agreement to remain in effect; or 3. Provide staff with alternative direction. Respectfully submitted, Douglas . Evans i Assistant City Manager - Development Services Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . Existing BIA-DC Agreement 2. Letter to BIA-RC dated October 13, 2010 • -� AT TACHA4FNT MEMORANDUM OF AGREEMENT The City of La Quinta iereby designates the Building Industry Association -Desert Chapter of the Building Industry of Southern California, Inc., as the sole and exclusive provider of a uniform Subdivision Ide itification Program. Said sign program shall be conducted by the BIA- Desert Chapter (BIA-D ) in accordance with all applicable City Codes and City of La Quinta Resolution 87-47 (Exhi it "A"). The BIA will provide 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. Contact all pote Program if they Act as point of c Communicate su retained by BIA- Designate as poij Be directly respo Directly invoice for such services Arbitrate any dif following services: al subdivision developers in the City and register them into the desire. for subdivision developers who are involved in the Program. ,ision developer concerns and transactions to the Sign Company to provide designated services. of contact to handle all City concerns and/or requests. for the performance of duties by the Sign Company. developers for services rendered and pay the Sign Company between Sign Company and subdivision developers. Design, obtain sito location approvals, and install signs in accordance with City approved Program and any applicable City ordinances. Maintain signs inIgood order at all times. Install City The Sign Prol Quinta at one 12. The BIA-DC fu damages as a re property of BIA DC. D00H.094 identification header panels on all sign structures. will be made available to all subdivision developers in the City of La irrespective of trade affiliations. - agrees to hold the City of La Quinta harmless from any claims for of the erection or maintenance of any signs. The signs shall be the , except as noted in Item #13, and shall be properly insured by BIA- Memorandum of Agreement 13. The City may contract with BIA-DC to erect up to five City owned signs, panels of which shall be used by the City at the discretion of the City. The City shall make vacant panels on these signs available to BIA-DC for their use. Any rental fee generated from these panels will be retained by the BIA-DC in exchange for. the City's ability to utilize vacant panels on BIA-DC owned signs as noted in paragraph 14 following; and for BIA- DC maintenancel of City owned signs. 14. The BIA-DC stall make vacant sign panels available to the City to be used for community service projects and public/City landmarks when requested by the City, based upon mutual agr ment. 15. The City and B A -DC shall make the sign panels as noted in Paragraphs 13 and 14, available for a m nimum of 60-days. Either party at the end of the initial 60-day period, with a 30-day w 'tten notice, can request the other party to make the sign panel available at the end of thi 30-day notice. City of La Quinta agr s to cooperate with BIA-DC in processing the sign program requests in a timely manner. Ci y of La Quinta further agrees the Sign Program shall be conducted by BIA-DC a minimum of one year, provided there is sufficient market demand. Thereafter, the City Council of the City of La Quinta may upon thirty (30) days written notification to BIA-DC, cancel this agreement d require BIA-DC to remove all sign structures. The City Council of La Quinta will give BI -DC fifteen (15) days written notice prior to any consideration of an action to cancel this as ment. The sign structures and Isigns shall conform to the following general standards: 1. The use of said Isign(s) shall be for the sole identification of subdivisions, community service projects, and public/City landmarks. 2. 3. 4. 5. 6. 7. Structures shall contain no more than six (6) tract signs per face. No structures shhll have more than two faces. No structures shill exceed eight (8) feet in height or six (6) feet in width. Each tract sign shall be eight (8) inches in height and five (5) feet long. Each tract sign shall contain the name of subdivision and a directional arrow. No tag sign, str mer, device, display board, or other attachment may be added to or placed upon any sign structure except as approved in writing by the Planning Director. DOCJH.094 Memorandum of Agreement Sign structures shall be each case to written ant Date: ?/� Date: / Date: �/,/ 19 DOCJH.094 itted in all land use zones and on public right-of-way, subject in of the City. Executive Director-/ `-� Building Industry Associa 'on -Desert Chapter 1 City Manager City of La Quinta ;City!�C�Ierk City of La Quinta ATTACHMENT 2 M P.O. Box 1504 LA QUINTA, CALIFORNIA 92247-1504 78-495 CALLE TAMPICO LA QUINTA, CALIFORNIA 92253 October 13, 2010 Mark Knorringa Chief Executive Officer BIA - Riverside County Chapter 3891 11 t' Street Riverside, CA 92501 (760) 7 7 7 - 7 0 0 0 FAX (760) 777-7101 VIA EMAIL & U.S. MAIL RE: Memorandum of Agreement Between the City of La Quinta and the Building Industry Association - Desert Chapter of the Building Industry of Southern California, Inc. Dear Mr. Knorringa: Enclosed please find the Memorandum of Agreement referenced as an enclosure to our October 7, 2010 correspondence to you. The Agreement was inadvertently left out of the letter. Please be advised that the 15-day notice time frame will begin as of today's date due to this mailing error. Should you have any questions regarding this correspondence, please contact Douglas Evans, Assistant City Manager - Development Services at (760) 777- 7031 or devans@la-guinta.org. Sincerely, Thomas P. Genovese City Manager TPG/Ijl Enclosure cc: Douglas R. Evans, Assistant City Manager - Development Services Bill Blankenship, BIA-DC Mark Knorringa October 7, 2010 Page 2 If you have any questions, please contact Douglas R. Evans, Assistant City Manager — Development Services at (760) 777-7031 or devans@la-quinta.org. Sincerely, Thomas P. Genovese City Manager TPG/Ijl cc: Douglas R. Evans, Assistant City Manager — Development Services Bill Blankenship, BIA-DC t P.O. Box 1504 LA QUINTA, CALIFORNIA 92247-1504 78-495 CALLE TAMPICO LA QUINTA, CALIFORNIA 92253 October 7, 2010 Mark Knorringa Chief Executive Officer BIA - Riverside County Chapter 3891 1 1 th Street Riverside, CA 92501 (760) 7 7 7 - 7 0 0 0 FAX (760) 777-7101 VIA CERTIFIED MAIL RETURN RECEIPT RE: Memorandum of Agreement Between the City of La Quinta and the Building Industry Association - Desert Chapter of the Building Industry of Southern California, Inc. Dear Mr. Knorringa: This letter is to provide the Riverside Chapter of the Building Industry of Southern California official notice that the La Quinta City Council is providing 15 days notice that it will consider terminating the Memorandum of Agreement Between the City of La Quinta and the Building Industry Association - Desert Chapter of the Building Industry of Southern California, Inc. for subdivision identification program ("Agreement"). I have attached a copy of the Agreement for your reference. The City Council will consider termination of the Agreement at its November 2, 2010 meeting at 4:00 p.m. As you are aware, the City Council discussed providing 15 days notice at its regular meeting on October 5, 2010 at 4:00 p.m. and authorized me to provide you with this notice. By providing this notice, the City is not acknowledging the existence of an agreement between the Riverside Chapter of the Building Industry of Southern California since the existing agreement was with the Desert Chapter of the Building Industry of Southern California, Inc. COUNCIL/RDA MEETING DATE: November 2, 2010 ITEM TITLE: Consideration of an Agreement Between the City of La Quinta and the Desert Valley Builders Association, a California Non -Profit Mutual Benefit Corporation for the Installation and Maintenance of Community Directional Signs in the City of La Quinta RECOMMENDATION: As deemed appropriate by City Council. FISCAL IMPLICATIONS: AGENDA CATEGORY: BUSINESS SESSION: 21 CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: The proposed Agreement for the Installation and Maintenance of Community Directional Signs in the City of La Quinta ("DVBA Agreement") (Attachment 2) includes a provision that the DVBA would reimburse the City for any reasonably incurred costs in administrating the DVBA Agreement. In addition, the DVBA would be required to pay the cost of all permit fees. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW The City and Building Industry Association - Desert Chapter of the Building Industry of Southern California, Inc. ("BIA-DC") entered into a Memorandum of Agreement ("BIA Agreement") for the purposes of providing directional signage for new residential developments. The BIA Agreement was entered into in 1994. Subsequently, the Building Industry Association of Southern California ("BIA-SC") decided to eliminate the BIA-DC and assign this area to the Building Industry Association - Riverside Chapter of the Building Industry of Southern California ("BIA-RC). Subsequent to the reorganization of the BIA-SC and group of former members established a new entit, industry matters. The new entity, Desert Valley Bi has submitted a written request (Attachment 1) tl- approval of a new agreement to provide for dire subdivisions. elimination of the BIA-DC, a to deal with local building ![ding Association ("DVBA"), it the City Council consider tional kiosks for residential The draft DVBA Agreement allows the DVBA to develop, install and maintain a subdivision directional sign program. The Agreement also requires the City to cooperate in issuing permits and in determining sign kiosk location. The sign panel specifications are called out in the Agreement. These specifications regulate the use of signs, numbers of signs per panel, height, width and sign copy. Staff and DVBA have worked on a few changes to the draft document previously provided to the City Council. Most of the revisions were clarifications, insurance, and legal revisions. The draft DVBA Agreement provides for a sign kiosk that is similar to the existing BIA sign kiosk. Key provisions of the DVBA Agreement are as follows: • DVBA is required to install signs within 45 days of permit issuance. • The program will be available to all residential subdivision developer at the same price, regardless of trade affiliations. • Sign kiosks will be six (6) feet in width and eight (8) feet in height. • All sign kiosks and sign panels are subject to City approval including location and design. • One directional sign panel per sign kiosk will be available to the City for public facility/public service directional signs. • DVBA is responsible for all costs associated with administration, fabrication, installation, and maintenance with the exception that the City is responsible for the actual cost of any City requested signs and panels. • The DVBA Agreement will automatically renew annually and either party can terminate the Agreement with 30 days written notice. DVBA is responsible for cost of removal upon termination. In the event the City Council terminates the existing BIA Agreement, the BIA will have 30 days to remove all existing sign kiosks. If the City Council desires to enter into the proposed agreement with the DVBA Agreement, the agreement would not be executed until the end of the 30-day notice period. LM FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the DVBA Agreement and direct the City Manager to execute the Agreement after the expiration of the 30-day termination notice provided on the BIA Agreement; or 2. Do not approve the DVBA Agreement; or 3. Provide staff with alternative direction. Respectfully submitted, Douglas R. Wans Assistant City Manager - Development Services Approved for submission by: Aw- ThP. Genovese, City Manager Attachments: 1 . Desert Valley Building Association Letter dated August 2, 2010 2. Draft DVBA Agreement ATTACHMENT I DESERT VALLEYS BUILDERS ASSOCIATION 34-500 Gateway Drive, Suite 100, Palm Desert California 92211 August 2, 2010 Honorable Don Adolph Mayor unil<se City of La Quinta ih:cclupnx•nt Design K Enuinacrinn. Ine 78-495 Calle Tampico La Quinta, CA 92253 i�i lA Companies Re: Desert Valleys Builders Association Directional Sign Program Bubo. Marl sen & O'Brien. CPAs 'MY tN iOf,.,��,�,,,�5 Dear Mayor Adolph: The purpose of this letter is to formally advise you of the �. �,�.u„ BeEl'— nedet I current activities of the Desert Valleys Builders Association " "`°"" 91;u I. Benedetti (DVBA) and to request your Council's consideration of our .ndc 13rikebill request that La Quinta participate in our newly formed directional . n;chel(a Vallrs Pruninc sign program. i:A� �:ua-Caheme Bond okCahuilla Indians _n poke -Berger '''"' DVBA is a locally based and managed association formed ' by Coachella Valley and Imperial Valley builders, as well as a "[lll' large number of contractors and other firms which are involved in W"` °"e'"°"""' the building and development industry. Our members, directors and officers are all local business people who have been ".,I �''`""""" ' .lnrl, Johnson associated in many cases for decades, with one another as well as J;""''°"" `a"e'"'a"' "i'`"" m I'Icdecr with our local government and agency officials. Nastmount Propeitics �iarein Koq, '.':n rid. Svarthoui La Quinta currently has a sign program with the Building Industry Association of Southern California which is located in ' and Orange County. That program was founded and administered by a local, Palm Desert based, chapter which is no longer in Ilia nc 1�'ili'runc existence. The DVBA has established a directional sign program which will benefit local cities and builders as well as our organization. Based on the experience of our members and staff, it is clear that local administration is key to the success of a program of this type. Also, keeping the revenue generated from this enterprise and the jobs that it will create in the local economy is critical. Accordingly, we are requesting that cities within our territories join with us in this vital effort. We in the DVBA believe that the appropriate procedure for accomplishing this will be for the City to exercise its right to cancel the existing sign , August 2, 2010 Page 2 of 2 program contract by giving the requisite thirty (30) days written notice and, after that cancellation is effective, enter into a new agreement with DVBA. Enclosed please find a draft agreement for your review and comment. Thank you for your attention to this request. Please feel free to contact us with any questions or comments that you may have at 760-776-7001. Very Truly Yours, Desert Valleys Builders Association Tom Dubose President CC: Tom Genovese, City Manager ATTACHMENT 2 AGREEMENT FOR THE INSTALLATION AND MAINTENANCE OF COMMUNITY DIRECTIONAL SIGNS IN THE CITY OF LA QUINTA This Agreement is entered into by and between the City of La Quinta, California, hereinafter the "City", and the Desert Valleys Builders Association, a California nonprofit mutual benefit corporation, hereinafter "DVBA", located at 34500 Gateway Drive, Suite 100, La Quinta, CA 92211, with reference to the following: A. The City has determined that there is a current and continuing need for the construction of directional kiosks ("Sign Kiosks") for residential subdivision at such locations throughout the City as may be authorized by the City Manager. B. DVBA desires to manufacture, erect, maintain, repair as needed, and replace the authorized Sign Kiosks as well as the directional panels to be mounted on them. Following receipt of the herein requested approval by the City, DVBA will enter into agreements to provide individual panels to its members as well as to other developers and builders of housing developments. C. City desires that DVBA encourage its members and others in the building industry to use the Sign Kiosks contemplated herein as the primary method of directional advertising for housing developments within the City. NOW, THEREFORE, the parties agree as follows: DVBA shall, within 45 days of issuance of an encroachment permit by the City, erect the authorized number of Sign Kiosks and complete the installation of said signs at such locations as approved by the City. The Sign Kiosk program will be made available to all residential subdivision developers in the City of La Quinta at one price, irrespective of trade affiliations. The Sign Kiosks shall be manufactured in accordance with the following specifications: A. Each Sign Kiosk structure shall not exceed six feet in width and eight feet in height. Individual directional panels shall be constructed so as to conform to the size and design of the Sign Kiosk. In no event shall individual panels exceed 16 inches by 72 inches. B. All Sign Kiosks and directional panels mounted on a Sign Kiosk shall be of the same design and shall match artwork approved by the City Manager or designee. Detailed construction plans shall be submitted for approval. Attached hereto as Exhibit A is a diagram of the Sign Kiosk structure and individual directional panels. All structures erected shall conform to the approved Sign Kiosk plans. C. Each directional panel content shall be limited to a directional arrow and the name of the Builder or Developer and/or the name of the community or subdivision. D. Each Sign Kiosk shall provide space for one directional sign panel indicating the location of public buildings, public facilities or public services if so requested by the City, Page I of 4 including but not limited to such facilities as parks, schools and public buildings. The City agrees to reimburse DVBA for its actual costs of producing and maintaining such panels. E. Sign Kiosks shall be located in such manner as to not obscure vehicular sight -distance at street intersections as determined by the Director of Public Works. 2. DVBA shall obtain Sign Kiosk encroachment permit(s) from the City as may be required. Whenever possible, the City shall allow several sign locations to be combined on a single permit. 3. In the event any Sign Kiosk is to be erected on private property, DVBA shall obtain the written consent from the landowner for the installation and maintenance of the structure including a provision giving the City the right to enter the property and remove the sign for noncompliance with any City code. A copy of said consent shall be filed with the Director of Public Works prior to City issuance of the encroachment permit for the Sign Kiosk. Any private property rental or license fees required shall be paid by DVBA. 4. DVBA agrees to reimburse the City for any costs reasonably incurred in administering this Agreement. 5. It shall be the sole responsibility and liability of the DVBA to maintain, repair and/or replace each Sign Kiosk or panel as necessary so that they remain in good condition and repair. Additionally, at any time as the City may notify DVBA in writing that repairs are needed to a particular Sign Kiosk or panel, DVBA agrees that it shall repair or replace said Sign Kiosk or panel within five business days of its receipt of such written notice. 6. It is the intent of both parties that all off -site directional Sign Kiosks are to be installed and maintained in accordance with the City's zoning ordinance and this Agreement. DVBA further recognizes the City's desire to limit use of outdoor advertising for housing developments, and agrees to use good faith efforts to discourage the use by DVBA's members and other builders and developers of temporary signs, A -frame signs and any other outdoor advertising devices erected, installed or maintained contrary to the City's ordinances. DVBA agrees to use its best efforts with its members and others in the building industry to secure maximum compliance with the City's ordinances and to avoid proliferation of temporary or otherwise prohibited signs. 7. In the event that the Sign Kiosk program herein described is deemed to be prohibited by any applicable law, all Sign Kiosks within the City shall be promptly removed and this Agreement shall terminate without liability to the City. In the event that the City is made a party to any suit seeking damages as a result of the removal of said Sign Kiosks and the termination of the Agreement, DVBA shall indemnify and hold the City, its officials and employees free and harmless of all costs, claims, and damages that may result there from. The City may, at its sole and absolute discretion, select its own counsel to defend the City and the DVBA will pay all legal costs incurred by the City. 8. DVBA agrees that it will not allow any third party to make addition to, or attach any tag, sign, streamer, device, display board or other appurtenance to either Sign Kiosks or panels. Page 2 of 4 ? J" 9. Throughout the term of this Agreement, DVBA agrees to maintain in full force and effect property damage and public liability insurance covering the Sign Kiosks and panels attached thereto in the amount of $2,000,000 and shall name the City as an additional insured on said policy. Proof of insurance coverage and an endorsement naming the City as an additional insured shall be provided to the City prior to the execution of this Agreement, and a renewal certificate and endorsement shall be provided upon the renewal date annually as long as this Agreement remains in effect. 10. In the event that it becomes necessary to physically move one or more of the Sign Kiosk structures, DVBA agrees to promptly move said Sign Kiosk(s) at its sole cost and expense and to reinstall it as such new location as directed and authorized by the City. In the event the City must move a sign, the DVBA shall reimburse the City for all costs associated with removal. 11. This Agreement shall automatically renew on a year-to-year basis, subject to the right of either party to terminate this Agreement upon giving the other party at least 30 days written notice of termination prior to the renewal date. In the event of a termination, the City shall have a 30-day right to purchase from DVBA all of the Sign Kiosk structures and panels for an amount equal to DVBA's cost(s) thereof. If the City does not exercise this right, DVBA agrees to forthwith remove any and all such structures upon written notice from the City. If DVBA fails to remove such structures within 30 days after the mailing of such notice, the City may remove any and all such structures left in place and destroy them and the City shall not be liable for damages therefore. 12. No provision in this Agreement is to be interpreted for or against either party because that party or its legal representative drafted such provision. 13. Any and all notices or other communications required or permitted by this Agreement or by law to be served on, given or delivered shall be deemed served when personally delivered to the party to whom it is addressed or in lieu of such personal service two days after deposited in the United States mail, first class, postage prepaid, addressed as follows: To the City: City of La Quinta Attn: City Manager P.O. Box 1504 La Quinta, CA 92247-1504 To DVBA: Desert Valleys Builders Association Attn: Executive Officer 34500 Gateway Drive, Suite 100 La Quinta, CA 92211 Either party may change its address for the purposes of this paragraph by giving written notice of such change to the other party in the manner provided for above. 14. Except as otherwise provided herein, this Agreement shall be binding upon and inure to the benefit of the parties hereto, their heirs, executors, administrators, successors and assigns. Page 3 of 4 15. The invalidity of any portion of this Agreement will not affect the validity of any other provision or portion of this Agreement. If any term or provision of this Agreement or the application thereof to any party or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement shall not be affected thereby and each term, provision or part hereof shall be valid and enforceable to the full extent permitted by law. 16. This Agreement shall be construed in accordance with the laws of the State of California. IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA, CONTRACTOR: a California municipal corporation C THOMAS P. GENOVESE, City Manager Name: Dated: ATTEST: VERONICA J. MONTECINO, CMC, City Clerk, La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California Title: Page 4 of 4 Ire � altAf COUNCIL/RDA MEETING DATE: November 2, 2010 ITEM TITLE: Consideration of an Ordinance Revising Title 8 Entitled, "Buildings and Construction," and Adopting the Following 2010 Codes Published by the California Building Standards Commission: Administrative Code, Building Code, Residential Code, Electrical Code, Mechanical Code, Plumbing Code, Energy Code, Fire Code, Historical Building Code, Existing Building Code, Green Building Standards Code, and Referenced Standards Code RECOMMENDATION: A.) Take up Ordinance No B.) Introduce Ordinance No. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: 3 by title and number only and waive further reading. on first reading. The California Building Standards Commission has adopted the 2010 California Building Standards Code which automatically applies to all applications for building permits submitted on or after January 1, 2010. Pursuant to Health & Safety Code Section 17958, the City of La Quinta is authorized to amend the Code adopted by the Commission upon making express findings that such modifications are reasonably necessary because of local climatic, geological, or topographical conditions. If approved, the proposed ordinance will adopt the California Codes with the City's local amendments. The changes proposed preserve the City's existing requirement for automatic fire sprinklers in virtually all buildings greater than 5,000 square feet in area. In addition, to conform to the State's now mandatory installation of automatic fire sprinklers in all new one- and two-family residences, the City's is deleting the fire sprinkler exemption it had previously provided to such residential units. Thus, all new residential units will need to install automatic fire sprinklers. Municipal Code Sections are added to provide for adoption of the California Residential Building Code, as well as the California Green Building Standards Code. Other changes are primarily for typographical corrections, textual coordination, and cleanup of Municipal Code section numbering. It should be noted that changes to the City's local amendments can be made at any time, not just when the Codes are adopted. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. A.) Take up Ordinance No. reading B.) Introduce Ordinance No 2. Do not take up the Ordinance; or by title and number only and waive further on first reading; or 3. Provide staff with alternative direction. Respectfully submitted, e. Tom Hartung, Building & Safety Director Approved for submission by: T omas P. Genovese, City Manager ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, REVISING TITLE 8 ENTITLED "BUILDINGS AND CONSTRUCTION," AND ADOPTING THE FOLLOWING 2010 CODES PUBLISHED BY THE CALIFORNIA BUILDING STANDARDS COMMISSION: ADMINISTRATIVE CODE, BUILDING CODE, RESIDENTIAL CODE, ELECTRICAL CODE, MECHANICAL CODE, PLUMBING CODE, ENERGY CODE, FIRE CODE, HISTORICAL BUILDING CODE, EXISTING BUILDING CODE, GREEN BUILDING STANDARDS CODE, AND REFERENCED STANDARDS CODE WHEREAS, the California Building Standards Commission has adopted a State approved version of uniform codes governing construction in the State of California; and WHEREAS, said new codes shall become automatically applicable to the City of La Quinta unless the City adopts certain findings related to local climatic, geological, or topographical conditions which require modifications to the state approved rules. NOW, THEREFORE, the City Council of the City of La Quinta does ordain as follows: SECTION 1. Local climate conditions particularly including extreme range of temperatures and proximity to active geological areas are hereby found to require certain revisions to the State approved California Building Code. SECTION 2. ADOPTION OF BUILDING AND CONSTRUCTION REGULATIONS. There is hereby adopted an amendment, attached hereto as Exhibit A, to Title 8 of the La Quinta Municipal Code entitled "Buildings and Construction" which is incorporated as fully as if set out in full herein, for the purpose of prescribing regulations governing conditions related to building and construction and activities including those certain documents specifically described in said Exhibit A, save and except certain specified portions which are hereinafter deleted, modified or amended within various Chapters of said Title 8, of which documents being adopted by reference copies are on file with the Building and Safety Department and the same are also hereby adopted and incorporated as fully as if set out at length herein. Ordinance No. 2010 California Building Standards/Municipal Code Title 8 Adopted: November 16, 2010 Page 2 SECTION 3. VIOLATIONS AND PENALTIES. It shall be unlawful for any person, firm, or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert, or demolish, equip, or cause or permit the same to be done, contrary to or in violation of any of the provisions of this Ordinance. Any person, firm, or corporation violating, or failing to comply with, any of the provisions of such Ordinance or Code shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of such Code is committed, continued, or permitted, and upon conviction of any such violation, such person shall be punishable by a fine of not more than $500 or by imprisonment for not more than six (6) months or by both such fine and imprisonment. The application of the penalty provided in this Section shall not be held to prevent the abatement of prohibited conditions as a public nuisance as provided by Section 1 .01 .250 of the La Quinta Municipal Code. SECTION 4. VALIDITY. If any section, subsection, clause or phrase of this Ordinance, or of any code adopted thereby is for any reason held by a court of competent jurisdiction to be invalid, such a decision shall not affect the validity of the remaining portions of this Ordinance or of any code adopted thereby. The City Council hereby declares that it would have passed this Ordinance and each section or subsection, sentence, clause and phrase thereof, and each code adopted hereby irrespective of the clauses or phrases being declared invalid. SECTION 5. EFFECTIVE DATE: This Ordinance shall be in full force and effect STARTING ON January 1, 201 1 . SECTION 6. POSTING: The City Clerk shall, within 15 days after passage of this Ordinance, cause it to be posted in at least three public places designated by resolution of the City Council, shall certify to the adoption and posting of this Ordinance, and shall cause this Ordinance and its certification, together with proof of posting to be entered into the Book of Ordinances of the City of La Quinta. PASSED, APPROVED and ADOPTED, at a regular meeting of the La Quinta City Council held this 16th day of November, 2010, by the following vote: AYES: Council Members NOES: ABSENT: ABSTAIN: Ordinance No. 2010 California Building Standards/Municipal Code Title 8 Adopted: November 16, 2010 Page 3 DON ADOLPH, Mayor City of La Quinta, California ATTEST: VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California (SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California L Ordinance No. 2010 California Building Standards/Municipal Code Title 8 Adopted: November 16, 2010 Page 4 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LA QUINTA 1 I, VERONICA J. MONTECINO, City Clerk of the City of La Quinta, California, do hereby certify the foregoing to be a full, true, and correct copy of Ordinance No. (enter number) which was introduced at a regular meeting on the (date) day of (month), (year), and was adopted at a regular meeting held on the (date) day of (month), (year), not being less than 5 days after the date of introduction thereof. I further certify that the foregoing Ordinance was posted in three places within the City of La Quinta as specified in City Council Resolution No. 2006-1 15. VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California DECLARATION OF POSTING I, VERONICA J. MONTECINO, City Clerk of the City of La Quinta, California, do hereby certify that the foregoing ordinance was posted on pursuant to Council Resolution. VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California Ordinance No. 2010 California Building Standards/Municipal Code Title 8 Adopted: November 16, 2010 Page 5 EXHIBIT "A" Title 8 of the La Quinta Municipal Code, entitled "Buildings and Construction," shall be amended as follows: 1. Section 8.01.010 shall be revised to change "2007 California Administrative Code" references to "2010 California Administrative Code." 2. Section 8.01.030 shall be renumbered as "8.01 .020." 3. Section 8.01 .070 shall be renumbered as "8.01 .030." 4. Section 8.01 .080 shall be renumbered as "8.01 .040." 5. Section 8.02.010 body text shall be revised to read as follows: "Certain documents marked and designated as the "2010 California Building Code" Volumes 1 and 2, including Appendix Chapter C (Agricultural Buildings), Appendix Chapter F (Rodentproofing), Appendix Chapter H (Signs), Appendix Chapter I (Patio Covers), and Appendix Chapter J (Grading) published by the California Building Standards Commission are adopted for regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area and maintenance, of all buildings or structures. Each and all of the regulations, provisions, conditions and terms of such "2010 California Building Code," published by the California Building Standards Commission, on file in the Building and Safety Department, are referred to and made part hereof as if fully set out in this chapter, except as otherwise provided in this chapter." 6. Section 8.02.020 body text shall be revised to read as follows: "The following portions of the 2010 California Building Code are deleted: A. Section 113 (Board of Appeals) B. Section 105.2 (Work exempt from permit), Building, Items 2 and 4." 7. Section 8.02.060 shall be renumbered as "8.02.030" and body text revised to read as follows: "Section 903.2 of the 2010 California Building Code is amended to read as follows: Ordinance No. 2010 California Building Standards/Municipal Code Title 8 Adopted: November 16, 2010 Page 6 Where Required. Approved automatic sprinkler systems in new buildings and structures shall be provided in the locations described in Sections 903.2.1 through 903.2.12. Those requirements notwithstanding, an approved automatic sprinkler system shall be installed throughout any new building or structure where the fire area exceeds 5,000 square feet." 8. Section 8.02.080 shall be renumbered as "8.02.040" and revised to change "2007 California Building Code" reference to "2010 California Building Code." 9. Section 8.03.010 shall be revised to change "2007 California Electrical Code" references to "2010 California Electrical Code." 10. Section 8.03.040 shall be renumbered as "8.03.050." 1 1 . Section 8.03.030 shall be renumbered as "8.03.040." 12. Section 8.03.020 shall be renumbered as "8.03.030." 13. Section 8.03.020 shall be added as follows: "8.03.020 Deletion of certain parts of the California Electrical Code. The following portions of the 2010 California Electrical Code are deleted: Section 89.108.8 (Appeals Board)." 14. Section 8.04.010 shall be revised to change "2007 California Plumbing Code" references to "2010 California Plumbing Code." 15. Section 8.04.020 shall be added as follows: "8.04.020 Deletion of certain parts of the California Plumbing Code. The following portions of the 2010 California Plumbing Code are deleted: Section 1.8.8 (Appeals Board)." 16. Section 8.05.010 shall be revised to change "2007 California Mechanical Code" and "207 California Mechanical Code" references to "2010 California Mechanical Code." 17. Section 8.05.020 shall be added as follows: "8.05.020 Deletion of certain parts of the California Mechanical Code. The following portions of the 2010 California Mechanical Code are deleted: Section 110.0 (Board of Appeals)." 18. Section 8.08.010 body text shall be revised to read as follows: "Certain documents marked and designated as the "2010 California Fire Code," including Appendix Chapter 4 (Special Detailed Requirements Based on Use and Occupancy), Appendix B (Fire -Flow Requirements for Buildings), Appendix BB (Fire -Flow Requirements for ,., 4,44 Ordinance No. 2010 California Building Standards/Municipal Code Title 8 Adopted: November 16, 2010 Page 7 Buildings), Appendix C (Fire Hydrant Locations and Distribution), Appendix CC (Fire Hydrant Locations and Distribution), Appendix D (Fire Apparatus Access Roads [Section D106 only]), Appendix F (Hazard Ranking), Appendix H (Hazardous Materials Management Plans and Hazardous Materials Inventory Statements), Appendix I (Fire Protection Systems - Noncompliant Conditions), and Appendix J (Emergency Responder Radio Coverage) published by the California Building Standards Commission are adopted for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion. Each and all regulations, provisions, conditions and terms of such "2010 California Fire Code," published by California Building Standards Commission in cooperation with the International Code Council, on file in the building and safety department are referred to and made a part of this code as if fully set out in this chapter, except as otherwise provided in this chapter." 19. Section 8.08.020 title shall be revised to change "Definitions" to "Deletion of certain parts of the California Fire Code." 20. Section 8.08.020 body text shall be revised to read as follows: "The following portions of the 2010 California Fire Code are deleted: Section 108 (Board of Appeals)." 21. Section 8.08.050 shall be renumbered as "8.08.040." 22. Section 8.08.070 shall be renumbered as "8.08.050." 23. Section 8.08.090 shall be renumbered as "8.08.060" and body text revised to read as follows: "Section 903.2 of the 2010 California Fire Code is amended to read as follows: Approved automatic sprinkler systems in new buildings and structures shall be provided in the locations described in Sections 903.2.1 through 903.2.12. Those requirements notwithstanding, an approved automatic sprinkler system shall be installed throughout any new building or structure where the fire area exceeds 5,000 square feet." 24. Section 8.09.040 shall be revised to change "8.01 .030" reference to "8.01 .020," and to change "8.01.030B" reference to "8.01 .020(B)." 25. Section 8.14.010 shall be revised to change "2007 California Energy Code" references to "2010 California Energy Code." 26. Section 8.15.010 shall be revised to change "2007 California Historical Building Code" references to "2010 California Historical Building Ordinance No. 2010 California Building Standards/Municipal Code Title 8 Adopted: November 16, 2010 Page 8 Code." 27. Section 8.16.010 shall be revised to change "2007 California Existing Building Code" references to "2010 California Existing Building Code." 28. Chapter 8.17 title shall be revised to read as follows: "Referenced Standards Code." 29. Section 8.17.010 shall be revised to change "2007 California Referenced Standards Code" references to "2010 California Referenced Standards Code." 30. Chapter 8.18 shall be added as follows: "Chapter 8.18 RESIDENTIAL CODE 8.18.010 Adoption of the California Residential Code. Certain documents marked and designated as the "2010 California Residential Code," including Appendix H (Patio Covers), published by the California Building Standards Commission are adopted for regulating the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every detached one- and two- family dwelling, townhouse not more than three stories above grade plane in height with a separate means of egress and structures accessory thereto. Each and all of the regulations, provisions, conditions and terms of such "2010 California Residential Code," published by the California Building Standards Commission, on file in the building and safety department, are referred to and made part hereof as if fully set out in this chapter, except as otherwise provided in this chapter. 8.18.020 Deletion of certain parts of the California Residential Code. The following portions of the 2010 California Residential Code are deleted: Section 1 .8.7 (Appeals Board). 8.18.030 Fire -retardant roofing materials required. A. With the exception of patio covers and similar structures, as determined by the building official, roof covering shall be of a Class A rating and shall otherwise conform with 2010 California Residential Code Chapter 9. B. Exception: A waiver may be granted on an addition or roof repair where it does not consist of twenty-five percent or more of the existing roof area and where the existing combustible roof was constructed within twenty-five years." 31. Chapter 8.19 shall be added as follows: I#_ 1.1 1) Ordinance No. 2010 California Building Standards/Municipal Code Title 8 Adopted: November 16, 2010 Page 9 "Chapter 8.19 GREEN BUILDING STANDARDS CODE 8.19.010 Adoption of the California Green Building Standards Code. Certain documents marked and designated as the "2010 California Green Building Standards Code," published by the California Building Standards Commission are adopted to improve public health, safety and general welfare by enhancing the design and construction of buildings through the use of building concepts having a reduced negative impact or positive environmental impact and encouraging sustainable construction practices. Each and all of the regulations, provisions, conditions and terms of such "2010 California Green Building Standards Code," published by the California Building Standards Commission, on file in the building and safety department, are referred to and made part hereof as if fully set out in this chapter, except as otherwise provided in this chapter." No Changes to the Remainder of Title 8. COUNCIL/RDA MEETING DATE: November 2, 2010 ITEM TITLE: Consideration of an Ordinance Amending Chapter 2.60, Section 2.60.020 (Designated Employees - Disclosure Categories) of the La Quinta Municipal Code Relative to Conflict of Interest Code RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: A1. Take up Ordinance No. by title and number only and waive further reading. B). Introduce first reading of Ordinance No. , amending Chapter 2.60, Section 2.60.020 (Designated Employees - Disclosure Categories) of the La Quinta Charter and Municipal Code relative to the Conflict of Interest Code. FISCAL IMPLICATIONS: None CHARTER CITY IMPLICATIONS: None BACKGROUND AND OVERVIEW: The Political Reform Act requires every local government agency to review its Conflict of Interest Code biennially. No later than October 1 of each even -numbered year, each agency must submit to the code reviewing body (City Council) a notice indicating whether or not an amendment is necessary. On September 21, 2010, the City Council received and filed the 2010 Local Biennial Notice. If amendments to the City's Conflict of Interest Code are necessary, the City Council must approve the amendments within 90 days of receiving the biennial notice (December 20, 2010). Review of the City's Conflict of Interest Code has resulted in the recommendation to add the following Designated Employees: Members of the Housing Commission FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . A). Take up Ordinance No. by title and number only and waive further reading; and B1. Introduce first reading of Ordinance No. amending Chapter 2.60, Section 2.60.020 (Designated Employees - Disclosure Categories) of the La Quinta Charter and Municipal Code relative to the Conflict of Interest Code.; or 2. Do not introduce an Ordinance amending Chapter 2.60, Section 2.60.020 (Designated Employees - Disclosure Categories) of the La Quinta Charter and Municipal Code relative to the Conflict of Interest Code; or 3. Provide alternative direction to staff. Respectfylly submitted, Veronica J,Aontecino, City Clerk Approved for submission by: Thomas P. Genovese, City Manager ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING CHAPTER 2.60 SECTION 2.60.020 RELATING TO THE CITY OF LA QUINTA CONFLICT OF INTEREST CODE WHEREAS, the Political Reform Act, Government Code Section 81000, et seq., requires state and local government agencies to adopt and promulgate conflict of interest codes; and WHEREAS, the Fair Political Practices Commission (the "FPPC") has adopted a regulation, 2 California Code of Regulations Section 18730, which contains the terms of a standard conflict of interest code which can be incorporated by reference; and WHEREAS, the City of La Quinta (the "City") has adopted by reference the FPPC's regulation as well as a list of designated employees as Chapter 2.60 of the La Quinta Municipal Code (the "Code"); and WHEREAS, the City desires to make changes to the list of designated employees and disclosure categories to reflect the current classifications/positions within the City; and; WHEREAS, the City believes these changes are in the best interests of the citizens of the City of La Quinta. NOW THEREFORE, the City Council of the City of La Quinta does ordain as follows: SECTION 1. AMENDMENT OF CHAPTER 2.60: Section 2.60.020 of the La Quinta Municipal Code is amended to read as follows: 2.6.020 Designated employees - Disclosure categories Accounting Manager ' Assistant City Attorney* Assistant City Manager ' Assistant City Engineer* Building and Safety Director' Building and Safety Manager' City Attorney* Ordinance No. Conflict of Interest Code Adopted Page 2 City Clerk' City Manager* Community Development Director' Community Safety Manager' Community Services Director' Consultants' * * Deputy City Attorney' Economic Development Project Manager' Finance Director* Golf and Parks/Landscape Manager' Maintenance Manager' Management Analyst' Mayor* Member of the Architecture & Landscape Review Committee' Members of the City Council* Members of the Community Services Commission' Members of the Cultural Arts Commission' Members of the Historic Preservation Commission' Members of.the Housing Commission' Members of the Investment Advisory Board' Members of the Planning Commission* Members of the Project Area Committee' Museum Services Manager' Personnel/Risk Manager' Planning Director' Planning Manager' Principal Planner' Public Works Director/City Engineer' Senior Engineer' Persons listed in this category shall disclose all investments, business positions and income from sources located in or doing business in the city and any interests in real property located in the city, property located not more than two miles outside the boundary of the city or property located within two -miles of any property owned or used by the city. * Persons holding these positions file the Form 700 Statement of Economic Interest pursuant to Government Code Section 87200. * * Commission Regulation 18700 defines "consultant" as an individual who, pursuant to a contract with a state or local government agency: A. Makes a governmental decision to: 1. Approve a rate, rule or regulation, 2. Adopt or enforce a law, 3. issue, deny, suspend or revoke any permit, license, application, certificate, approval, order or similar authorization or entitlement, 4. Authorize the agency to enter into, modify or renew a contract provided it is the type of contract which requires agency approval, 5. Grant agency approval to a contract which requires agency approval and in which the +. f Ordinance No. Conflict of Interest Code Adopted Page 3 agency is a party or to the specifications for such a contract, 6. Adopt or grant agency approval of policies, standards, or guidelines for the agency, or for any subdivision thereof; or B. Serves in a staff capacity with the agency and in that capacity performs the same or substantially all the same duties for the agency that would otherwise be performed by an individual holding a position specified in the agency's conflict of interest code. Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the code subject to the following limitation: The city manager may determine in writing that a particular consultant, although a "designated position," is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements described in this section. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of the disclosure requirements. The city manager's determination is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code. SECTION 2. EFFECTIVE DATE: This Ordinance shall be in full force and effect thirty days (30) days after its adoption. SECTION 3. POSTING: The City Clerk shall cause this Ordinance to be posted in at least three public places designated by resolution of the City Council, shall certify to the adoption and posting of this Ordinance, and shall cause this Ordinance and its certification, together with proof of posting to be entered into the Book of Ordinances of the City of La Quinta. PASSED, APPROVED, and ADOPTED this _day of 2010, by the following vote: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: Ordinance No. Conflict of Interest Code Adopted Page 4 VERONICA J. MONTECINO, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 'fl 1. STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss. CITY OF LA QUINTA ) I, VERONICA J. MONTECINO, City Clerk of the City of La Quinta, California, do hereby certify the foregoing to be a full, true, and correct copy of Ordinance No. 463, which was introduced at a regular meeting on the day of , 2010, and was adopted at a regular meeting held on the day of , 2010, not being less than 5 days after the date of introduction thereof. I further certify that the foregoing Ordinance was posted in three places within the City of La Quinta as specified in a Resolution of the City Council. VERONICA J. MONTECINO, City Clerk City of La Quinta, California DECLARATION OF POSTING I, VERONICA J. MONTECINO, City Clerk of the City of La Quinta, California, do hereby certify that the foregoing ordinance was posted on , 2010, pursuant to Council Resolution. VERONICA J. MONTECINO, City Clerk City of La Quinta, California ., ' REPORTS & INFORMATIONAL ITEMS: 19 COMMUNITY SERVICES COMMISSION MINUTES September 13, 2010 CALL TO ORDER A regular meeting of the Community Services Commission was called to order at 5:30 p.m. by Commissioner Lawrence. Commissioner Leidner led the Pledge of Allegiance. PRESENT: Commissioners Blakeley, Engel, Lawrence, and Leidner ABSENT: Commissioner Fitzpatrick STAFF PRESENT: Edie Hylton, Community Services Director; Steve Howlett, Golf & Parks Manager; Angela Guereque, Senior Secretary PUBLIC COMMENT - NONE. CONFIRMATION OF AGENDA Motion - It was moved by Commissioners Leidner/Engel to confirm the agenda. Motion carried unanimously. PRESENTATIONS 1 . Old Town Artisan Studio Lin Garretson spoke about the mission and efforts of the non-profit organization. Commissioner Blakeley asked if the Studio receives revenue from other sources than the City. Ms. Garretson stated the Studio holds fundraisers and also has fee based classes. APPROVAL OF MINUTES 1. Approval of July 12, 2010 Minutes Motion - It was moved by Commissioners Leidner/Blakeley to approve the minutes as submitted. Motion carried unanimously. CONSENT CALENDAR - None. BUSINESS SESSION 1. Consideration of Commission Meeting Dates Director Hylton presented the staff report. Motion - It was moved by Commissioners Blakeley/Engel to approve the Community Services Commission meeting dates as submitted. Motion carried unanimously. 2. Consideration of Artist Appreciation Day Program Director Hylton presented the staff report. Commissioners Blakeley/Lawrence volunteered. Motion - It was moved by Commissioners Leidner/Engel to assign Commissioners Blakeley/Lawrence to participate in the Artist Appreciation Day Program. Motion carried unanimously. 3. Consideration of Final Designs for Signal Boxes at Various Locations by Artist Maria Hunt Director Hylton presented the staff report. Maria Hunt presented her proposals to the Commission. Commissioner Blakeley asked if different ethnicities could be shown with the children painted on the boxes. Ms. Hunt said that any changes can be made. Commissioner Leidner stated a concern with the shadowing of the children. Motion - It was moved by Commissioners Blakeley/Leidner to recommend Maria Hunt to design and paint the signal and electrical boxes for City Council consideration after adding a leash to the dog at the dog park, changing the shadowing on the children, and put shorts on the golfer. Motion carried unanimously. STUDY SESSION - None. DEPARTMENT REPORTS 1. Department Report for July 2010 W,'Jtes 2. Department Report for August 2010 3. Park Updates and Capital Repair Projects Mr. Howlett presented the staff report. COMMISSIONER ITEMS 1. Report from Commissioners Regarding Meetings Attended. 2. Calendar of Monthly Events PUBLIC HEARING - None. OPEN DISCUSSION ADJOURNMENT It was moved by Commissioners Leidner/Engel to adjourn the Community Services Commission meeting at 6:38 p.m. Motion carried unanimously. NEXT MEETING INFORMATION: A Regular Meeting of the Community Services Commission to be held on October 11, 2010 commencing at 5:30 p.m. in the City of La Quinta Study Session Room, 78-495 Calle Tampico, La Quinta, CA 92253. Submitted by: I Angela Guere'C"� Community Services Senior Secretary Department Report: '7 A �z 04 _Gy OF T TO: The Honorable Mayor and Members of the City Council The Honorable Chairman and Members of the Planning Commission FROM: Les Johnson, Planning Directo y) DATE: November 2, 2010 SUBJECT: Department Report - General Plan Monthly Update The Planning Department continued its focus in October on preparations for the draft General Plan elements and the traffic model. On October 51h, the Planning and Public Works Departments held a joint meeting with representatives from Iteris, the General Plan's traffic consultant, and Terra -Nova Planning and Research, Inc. to discuss the details of the city-wide traffic model being prepared. The city-wide traffic model is an important planning tool which helps the City better understand and accommodate traffic issues. Topics discussed during the meeting included peak travel times, school impacts, coordinating traffic signalization, traffic issues from special events, and seasonal adjustments. In the meantime, staff continues to work on the draft elements of the General Plan, on the land use map, and on the formatting and layout of the General Plan. In December, staff will bring the proposed draft General Plan goals, the proposed land use designations, and the proposed alternative land use map to the City Council for discussion. NO,of * CA"cam lv 1-01 "Iti" zt&*04 t